1987-08-18
100
QUEENSBURY TOWN PLANNING BOARD
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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Mrs. Levandowski stated she was against the proposal also for all the reasons
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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.
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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
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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
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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.
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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.
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Richard Roberts, Chairman
Minutes prepared by Susan E. Davidsen, Planning and Zoning Department
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