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1987-08-18 100 QUEENSBURY TOWN PLANNING BOARD ',,-- Regular Meeting Held: Tuesday, August 18, 1987 at 7:30 p.m. Present: Richard Roberts, Chairman Susan Levandowski Joseph Dybas Hilda Mann, Secretary Frank DeSantis R. Case Prime, Counsel Susan E. Davidsen, Planning and Zoning Department Absent: Victor Macri Thomas Martin Chairman Roberts called the meeting to order at 7:40 p.m The minutes of April 27, 1987 were approved as written by consensus. The minutes of July 21, 1987 were corrected as follows: Page 10, Site Plan Review No. 19-87, 3rd paragraph, 2.73 acres should be 2.37 acres. The minutes were approved as corrected by consensus. OLD BUSINESS SUBDIVISION NO. 7-84, Sketch Plan Approval Court House Estates, Phase III Mr. Roberts read the application for construction of a 2nd access road to the Court House Estates off of Glen Lake Road, adjoining Section I and II in a Single Family Residential 30 zone. Tom McCormack, Coulter and McCormack, stated the project has been going on for 3 years. Mr. Roberts said that the Board has been dealing with this project for a long time and that is why this particular subdivision is not affected by the moratorium. Mr. Roberts said he does not want any major disturbance of the upslope. Mr. McCormack said they needed to negotiate with the Hague family. Some of their land was needed to build a second road. He said site distances up and down the road are adequate. '- 1 /hl , Mr. Roberts asked if he was able to calculate slopes. Mr. McCormack said there is a 3 percent upgrade and then it goes into an 8 percent upgrade. He said they can maintain 10 percent of the upper level area. Board members said 10 percent is required in the Town of Lake George and 8 percent in the Town of Queensbury. Mrs. Mann discussed the issue of winter conditions on the road. Mr. McCormack said that on Glen Lake Road to the cul-de-sac, slopes will drop down to about 5 percent and they will fill another low area. He said most construction will be cuts instead of fills. Cutting and filling the pit will be equal. Mr. McCormack said he hasn't notified Paul Naylor, Highway Department, as of yet about the road plan. Mr. Roberts said he may need more engineering since they're dealing with maximum steepness. Mrs. Mann said that anything from Municipal Center to Route 149 is a traffic disaster; there is no other alternative for a road. Mr. McCormack stated he would present data to Paul Naylor, Highway Department, before the formal presentation. Mr. Roberts agreed that this would be okay. Mr. Roberts said this discussion does not call for a motion by Board members. It is instead an agreement between Board members and the applicant. SUBDIVISION NO. 9-87, Legal Clarification Westwood Mr. Roberts stated that this was for legal clarification; separating the commercial properties owned by the Woodbury's from the residential. John Lapper, attorney stated he was here on behalf of Michael and Ralph Woodbury. He said he wants legal clarification of the language of approval given last time. The property is divided up into 3 phases. They are talking about construction of the residential plan. They would like permission to sell the townhouses as a partnership so that the partnership can apply to the attorney generals office. Mr. Roberts said that Board members cannot give approval on the second half because it's not in their jurisdiction to approve it yet. Mrs. Mann said this legal change has nothing to do with the Board. Mrs. Mann asked if they needed a statement from the Board. Mr. Bigelow said he needed a statement saying that it's subdivided from the entire parcel. Mr. Roberts said that it's basically done by the rezoning. Mr. DeSantis said they need to submit a copy of the proposed deed. They are changing title owner of the residential part. Mr. Prime indicated that the principles are the same. Mr. Prime stated that this does not require any action from this Board. Mr. Roberts said that he needs to authorize a letter that our attorney is compatible with this issue. Mr. Roberts said in scrutinizing plans, there are a few problems and feels that an engineer should look at the plans more closely. '---- 2 I to )., '-- Ted Bigelow said he designed oversized specs. Roads are 26 ft. wide instead of the required 20 ft. Mr. Roberts made a motion to have a letter authorized and signed. Dick Roberts is to sign the designation if it meets Mr. Primes approval. Second by Mrs. Levandowski. Passed Unanimously. SUBDIVISION NO. 10-87, Preliminary Approval Oak woods, Phase II Mr. Roberts stated that this was for 11 lots east of Lambert Drive in a Suburban Residential 20 zone. Mr. LoCossio represented the project and said he would like to have preliminary approval and possibly final approval at this meeting. Mr. Roberts read a letter dated March 26, 1987 by the Town Board. He said they were dealing with an old subdivision and re-review of Phase II; hopefully to make some improvements. Mr. Roberts read a letter dated August 14, 1987 from Charles Scudder, consulting engineer. The letter read as follows: "Oakwoods is a subdivision originally planned by John B. VanDusen, Land Surveyor, for which a map is on file in the office of the Warren County Clerk. Phase I, the portion along Lambert Drive, is served by a Town road and has been developed to an extent. Phase II, the portion to be served by Timmons Lane, is being reviewed in light of current standards in part because Timmons Lane is not a dedicated Town road. The engineering for Phase II has been undertaken by Garner C. Tripp, P.E. and includes drainage and wastewater disposal details. A cul-de-sac replaces the original Tee at the dead end. The road is otherwise brought into compliance with Queensbury Highway Department Standards. We are satisfied that the plan should be given Preliminary Approval at this time. Final approval should be contingent on the acceptance by NYSDOH, and Town Highway and Water Departments." Leon Steves said in 1973 it was an approved plan; it cannot go any further north. The number of lots are the same and the configuration is the same. He said Paul Naylor, Highway Department, does not have a problem with that. Mr. Roberts asked about the Department of Health approval. Mr. Steves said he will resubmit back to the Department of Health. Mr. Roberts said the Board cannot give final approval until all these issues are addressed. Public Hearing Opened: no comment Mr. Roberts asked if Mr. Scudder had any further comments. He said no. Mr. DeSantis asked about stormwater runoff. He asked if it met our current "'--, 3 /03 standards and where does it go? Mr. Scudder said the disposal is in the road right of way; in the catch basins. Mr. DeSantis was concerned that drainage would go off to the east. Mr. Scudder said it would not. Mr. DeSantis was concerned on whether or not it would go into the neighbors property. Public Hearing Closed. Mr. Dybas MOVED PRELIMINARY APPROVAL of Subdivision No. 10-87, Oakwoods, Phase II, lllots having met Town requirements. Drainage has been satisfied by the Board. For final approval, State Health Department, Town Highway, Town Water approvals are needed. Second by Mrs. Levandowski. Passed Unanimously. SUBDIVISION NO. 11-87, Preliminary Approval 8 -18 -81 Brookfield Estates, Phase I Mr. Roberts stated that this was for 9 lots on the south side of Sunnyside Road, 3,000 ft. east of Route 9L in a Suburban Residential 30 zone. Nick Scartelli, agent for Howard and Eileen Denison said that this was for 9 lots in Phase I. It is open field; farm land. It involves 12,500 feet of roadway which will be designed in the Town of Queensbury standards. Drainage along the roadway will be surface drainage and road drainage. It flows in the easterly direction to Halfway Brook. There is a 30 ft. easement which the level has provided for a drainage course. Mr. Scartelli said the roadway will have gentle slopes. Most grades are less than 5 percent The septic system will be on site and will have their own well system. Mr. Roberts asked where the first house is being built. Mr. Scartelli said lot number 8. Mr. Roberts asked if that would be the owner's residence. Mr. Scartelli said yes. Mr. Roberts read a letter dated August 14, 1987 from Charles Scudder, consulting engineer. It read as follows: "The plans and supporting papers for Phase I of Brookfield Estates have been reviewed in this office. A meeting has been held with Mr. Sciartelli of Morse Engineering to discuss the particulars of the project. It is our opinion that the Preliminary Plans meet the standards of the Town of Queensbury and are satisfactory. We recommend preliminary approval be granted at this time." Public Hearing Opened: John Webster stated that himself, Charles and Elizabeth Keech own a 100 acre farm on Chestnut Ridge Road, over Ridge Road and down Halfway Brook. The farm lies all on the south side. He says he has no objection to the subdivision. He hopes the developer succeeds in his plans. He expressed concerns about Phase "--- 4 lwi II and access to his farm land. He is concerned about becoming land locked. He said he has no intention of putting his land on the market for a subdivision. Howard Denison said he is concerned about Mr. Webster putting in, possibly $700,000 homes on 34 acres of his land while he is putting up $250,000 homes; it would ruin the character of the neighborhood. Mr. Denison said he is being forced to have a 50 ft. right of way to make Mr. Webster's 34 acres buildable. Right now his land is not buildable. Public Hearing Closed. Mrs. Levandowski MOVED PRELIMINARY APPROVAL of Subdivision No. 11-87, Brookfield Estates, Phase I, 9 lots as it meets the standards of the Planning Board and has approval from the Town engineer. Second by Mr. Dybas. Passed Unanimously. Baybridge, Phase III 8/18- g1 SUBDIVISION NO. 16-86, Final Approval Mr. Roberts stated that this was for 44 lots at Walker Lane, 1,000 feet west of Bay Road, southerly side, in an Urban Residential 5 zone. Mr. Scudder, engineer, stated that the essentials of the project were reviewed last month. He said they have complied with State Health and Town Water requirements. Mr. Scudder said they already have the SPEDES permit from DEC. Mr. Roberts read a letter dated August 18, 1987 from Nick Sciartelli, consulting engineer. It read as follows: "We have reviewed the submitted plans for Baybridge, Phase 3, and have met with Charles Scudder, engineer for the project, to discuss the project. We have found no exceptions and, therefore, recommend Baybridge, Phase 3 plans for final approval." Mr. Roberts read a letter dated August 18, 1987 from Paul Naylor, Highway Department which stated that he has personally inspected Phase 3 of the Baybridge Subdivision and meets his approval. Mr. Roberts read a letter from Thomas Flaherty, Water Department which stated that preliminary plans for water mains and appurtenances in Phase 3 of Baybridge have been reviewed. The letter further stated that if the installation of the water mains and appurtenances is carried out as presented in the plans, the project will meet the requirements of the department subject to the regulations and General Requirements Relating to Water Mains and Hydrants in the Town of Queensbury. Mr. Roberts read a letter dated August 18, 1987 from Brian Fear, Department of Health. The letter confirmed that he had reviewed plans for Baybridge Phase 3 and found them to be in accordance with generally acceptable engineering principles 5 1&5 and Department standards. Mr. Roberts asked if they had gotten the stamp on the plat. Mr. Scudder said they had not gotten it yet. Mr. Roberts asked him to have it stamped before he signs the final plat. Mr. Scudder said Mr. Valenti was here to discuss how far along construction is. Mr. DeSantis said he has 56 prior approved units. He also said that 60 percent of prior approved units must be under construction before the next phase approval. Mr. DeSantis asked if he had 34 building permits issued from the Building Department. Mr. Valenti said there is one building permit issued for each phase of the project; this is how the Building Department is set up. Mrs. Mann MOVED FINAL APPROVAL of Subdivision No. 16-86, Baybridge, Phase III, 44 lots, since the Planning Board has received Highway Approval, Engineer's Approval, Water Department Approval, Health Department Approval and SPEDES permit. One-hundred units, 60 percent must be under construction. Second by Mrs. Levandowski. Passed Unanimously. NEW BUSINESS OFF PREMISES SIGN NO. 34 Freihofer's Mark Pulmoreti, employee for Freihofer's, said there is a sign by the Harvest Restaurant. It says Freihofer's Baking Thrift Store and has an arrow on it. It is 5 feet wide and 1 foot high and made of plastic. Mr. Pulmoreti said he made an agreement with the Elks Club; they said it was alright for the sign to be there. The sign has red lettering on a white background. Mr. DeSantis MOVED APPROVAL of Off Premises Sign No. 34, Freihofer's as it conforms with Sign Policy. Planning Board recommends that the applicant talk with Robert Eddy, Sign Enforcement Officer. Second by Mr. Dybas. Passed Unanimously. SITE PLAN REVIEW NO. Z0-87 Richard Rozell 8-/8 -81 Mr. Roberts stated that this was for construction of a building 26 ft. by 30 ft. to be used as a Day Care Center. The property is located 5 houses north of West Mountain Ski Center on the left in a Suburban Residential 30 zone. Mr. Rozell says he knows this is a residential section and was part of Finch and Pruyn. He wants to put in a Day Care Center behind his house, 100 feet from any neighbors. There will be part-time children, part-time in the afternoon. He -' 6 lfoG doesn't want to create a lot of traffic. There is a "U" circle driveway. The closest neighbor is 63 to 65 feet from the driveway. The building will set back behind trees. Mr. Rozell showed Board members the deed and what covenant number four states. He said that two of his neighbors did not object. Mr. Rozell said that whatever the State requires him to do, he will do. He said he will not change any landscaping. Mr. DeSantis said he does not want the entire public talking about the deed restrictions. Mr. Prime said that restrictive covenants are private and the Board cannot do anything about it. It is not in our jurisdiction; it's a private matter between adjoining landowners. Mrs. Mann read the petition by 18 land owners opposing to Mr. Rozell's project. Mr. Roberts stated that the Board should address the issues in the checklist. Mr. DeSantis said proposed parking needs to be detailed. He said that Mr. Rozell didn't give the size and how many cars would go there. Mr. DeSantis said he would like to see a test pit and what the times of operation are going to be. He said he would also like to see what the topography on the land is so that water isn't sent onto the neighbors property. Mr. Rozell said he has hired a lawyer regarding the covenant matter in the deed as this is a civil matter. Mrs. Levandowski asked about work shifts for employees. Mr. Rozell said there would be a teacher at the center all day. There would not be any summer months. Public Hearing Opened: Daniel Green, neighbor, said no communication to the neighbors had been made except for public notification. People in the neighborhood are almost 100 percent opposed to the project. Mr. Prime asked what the basic objection was. Mr. Green stated that this would be a business enterprise in a residential neighborhood. Mr. Prime stated that neighbors are opposed to making this into a commercial venture. Dave Hubert, neighbor, opposite side of the proposed development, wants to maintain the integrity of the neighborhood. He is concerned about living next to a business. A business creates problems. He said he wouldn't want to live next to a funeral home or even a Day Care Center. Board members continued to go through the checklist. The structure would be 26 ft. by 30 ft., one story. Mrs. Mann asked if it would be suitable for year round living. Mr. Rozell said yes. There was concern among neighbors as well as Board members as to what the building would be used for in the future if the proposed business failed. Traffic was addressed. Dave Hubert interjected saying that this is a main artery; there are many traffic accidents. 7 I to 7 Road widths were discussed and were found to be inadequate. Mr. DeSantis said there needs to be an access plan; in road and out road. The present driveway at 11 feet wide, is not wide enough for two cars to go by each other. Dave Hubert interjected and talked about a handicapped neighbor. There is a problem with traffic and his going out to get the mail. Mr. Roberts said that there is not an adequate plan in regards to pedestrian traffic. Storm water drainage was discussed and there needs to be more detail of proximity. Water supply was addressed. Mr. Rozell said there has been a well there for 188 years up in back. The well has a steel casing. He said there is Town water out front and he could hook up to it if the State required it. Mr. Green expressed concern about the leach field. He said the water line from the well would run through the leach field. Mr. DeSantis said you have to show where the wells are located so that it won't interfere with septic and leach fields. Mr. Dybas asked if there was a stream there. Mr. Green said there is and when it looks dry, it's not really dry. There is water underneath and it feeds another stream. He said it could cause a contamination problem. Noise buffers were discussed. Mr. Rozell said there would be trees. Mr. DeSantis said he needs to know distances of the adjoining neighbors houses. Mr. Green said there are four inground swimming pools within a 500 foot radius where the proposed building would go. He noted this for liability reasons. Mrs. Mann noted again that there was a petition against the proposal. Mr. Roberts brought up the issue of changing the character of the neighborhood. Mr. Roberts said that this would be a business in a residential zone and could "get out of hand". Mrs. Mann said it would be an intrusion in the neighborhood. The neighborhood is well kept. It is a heavily traveled too and at speeds in excess of what they are suppose to be. Drop off time and pick up time would be during the busiest times. Mrs. Mann said it would be a nice country setting but there are places for Day Care Centers. Mr. Dybas said he was opposed too. He was concerned about breaking down the neighborhood. He said Mr. Rozell would be destroying the Master Plan of this community. Mrs. Mann said if the Day Care Center failed, it's possible that a flower shop might go in there. If this were to happen, then the Zoning Board of Appeals would have to help you get out of the mess by a variance request for a different use on the property. '--- Mrs. Levandowski stated she was against the proposal also for all the reasons 8 10<6 sta ted. Public Hearing Closed. Mrs. Mann MOVED DENIAL of Site Plan Review No. 20-87, Richard Rozell based upon inadequacy of submission and Article 5, change in the character of the neighborhood. There has been long established single families without commercial intrusion. Second by Mr. Levandowski. Passed Unanimously. SITE PLAN REVIEW NO. Zl-87 Steve Herman Mr. Roberts stated that this was for construction of a 2 bedroom addition onto the existing structure on the property situated at 38 Cottage Hill Road in an Urban Residential 5 zone. Mr. Roberts said this project "falls between the cracks" in the UR-5 zone. Mr. Roberts said that there really isn't a problem with this since he is expanding a nonconforming use. Public Hearing Opened: no comment Public Hearing Closed. Mr. DeSantis MOVED APPROVAL of Site Plan Review No. 21-87, Steve Herman as this is consistent with predominant use and is an extension of the use in the neighborhood. Second by Mr. Dybas. Passed Unanimously. SITE PLAN REVIEW NO. ZZ-87 William E. Threw Mr. Roberts stated that this was for proposed use for extraction of sand and gravel on the property situated on Big Bay Road in a Light Industry lA zone. Mike O'Connor represented Mr. Threw. Mr. O'Connor said they were talking about the property to the north of the existing mining or pit area. He said they are in the process of applying to DEC for a mining permit. He said this would be for temporary use; go in and do mining and fill the property back in. '- 9 Ib~ Mr. Martin, representing the proposed project also said they will be mInIng the property for sand - masonry sand. The sand there is good clean sand. He said it's very high quality sand. Excavation would be 15 ft. deep and covering about one acre. It would not require washing of the sand. Excavation would be toward the front and going down approximately 30 to 35 feet and will stop about 140 feet from Big Bay Road. As soon as the first phase of excavation is completed, reclamation work would begin. It would be filled back up and there would be no change in the appearance of the land. It would be filled with stumps from other construction sites. Mr. DeSantis was concerned with backfill and the time difference between excavation of 1 to 3 years and reclamation of 5 to 10 years. Mr. DeSantis said he would like to see a plan for the time gap. Mr. Prime questioned buffer lines; there is only 25 feet. Mr. Martin said DEC requirement is 25 feet plus surface slopes. Mr. DeSantis said he had a problem with the time and not with the method of reclamation. Mr. Martin said they would be going only 30 to 35 feet because of ground water. Mr. Roberts said they should consider long term decaying of stumps and the possibilities of polluting wells and the river. Mr. Prime asked what they would do if they came across a boulder;what would they do with it. Mr. Martin said there may not be any. Mrs. Mann stated that Warren County Planning Board approved without comment. William Bodenweiser, Fire Marshall, Town of Queensbury said he had drawn up an agreement with Mr. Threw to get some material off of Town property. Mrs. Mann stated that the Beautification Committee had disapproved. Their statement is as follows: "This application has been disapproved by our Committee as data for landscaping, screening and plantings for the applicant for a site plan review or variance has not been submitted or is incomplete. Would you please, therefore, refer the applicant to our committee for approval of its plans prior to granting the application pending before your Board of before construction permit has been granted. You and the Building Department will be notified just as soon as plans have been approved by us." Public Hearing Opened: A neighbor who lives off of Egan Road expressed concerns about destroying water supply. He said there is a "big eye sore" of equipment left on the property. Mr. Roberts said that Mr. Threw has taken steps to mitigate the problem. The neighbor stated that he was opposed to the project as well as many other neighbors. Water well depths were discussed. Aquifers were discussed. Mr. O'Connor said that Mr. Martin is a geologist. Mrs. Mann brought up the point that Mr. Martin '- 10 1 ¡1() is representing the applicant and maybe someone should be hired who is neutral to the project. Ground water was discussed. Board members felt this project was getting complex and professional help is needed. Another neighbor was concerned about the possibility of posting a bond to make sure this would be filled back in, just in case of a failing economy. Mr. O'Connor stated they would be posting a bond with DEC. Bruce Carr, attorney for LaPann and Reardon, represented a neighbor who was opposed to the project. He said that all approvals should be in place before the Planning Board approves the project. Mr. DeSantis reiterated that he would like to seen excavation go more closely with reclamation. Public Hearing Closed. Mr. Roberts and Board members agreed to TABLE Site Plan Review No. 22-87, William E. Threw for an engineer report, copy of draft DEC permit. Need to check with Town Board regarding their sand bank. Need to check SEQR. There are concerns about water supply. There are questions about mining concerns. Mr. Roberts said that a copy of the DEC permit is needed which should outline the reclamation. Mr. DeSantis said he wants to see the DEC permit tied in with the Board decision so that there is no "battle". Mr. Roberts stated that a negative declaration may need to be made. There may be a need for SEQR review and a workshop session. Mr. DeSantis said an engineer report is needed before any workshop meeting. Mr. DeSantis MOVED to KEEP THE PUBLIC HEARING OPENED. Board members agreed by consensus. Passed Unanimously. Basketville 8/~ SITE PLAN REVIEW NO. 23-87 Mr. Roberts stated that this was for proposed 2 story retail addition 56 ft. by 84 ft. on the south side of the existing retail store which is 108 ft. by 50 ft. on the property situated on Route 9 in a Highway Commercial 15 zone. Richard Jones, Architect, represented the project. He discussed overflow parking area in the back of the building. The building will be a 2 story addition; furniture showroom. The addition will be on the north property line and will maintain existing parking. Parking in the back will be a gravel surface. He said the building will meet fire codes and building codes. There is a 20 ft. drive around the building for emergency access. '--- 11 J Î I Mr. DeSantis said there would still be a runoff problem even though there would be a gravel parking lot. Mr. Jones said there would be cutting back of the steep hill. Mr. DeSantis said the gravel would be washed out and grass would be better for parking. Mr. Roberts read the engineers report from Charles Scudder dated August 14, 1987 which recommended approval. Mrs. Mann read the Beautification Committee's comments. They recommended approval. Board members reviewed the checklist. Warren County Planning Board recommended approval. Public Hearing Opened: no comment Public Hearing Closed. Mr. DeSantis MOVED APPROVAL of Site Plan Review No. 23-87, Baseketville, as all concerns on the checklist have been addressed. Second by Mr. Dybas. Passed Unanimously. The meeting was adjourned at 12:00 a.m. -<yAY ~ w:JJ- Richard Roberts, Chairman Minutes prepared by Susan E. Davidsen, Planning and Zoning Department '- 12