1987-09-15
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QUEENSBURY TOWN PLANNING BOARD
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Regular Meeting Held: Tuesday, September 15, 1987
Present:
Richard Roberts, Chairman
Joseph Dybas
Victor Macri
Thomas Martin, Secretary
Susan Levandowski
Frank DeSantis
R. Case Prime, Counsel
Susan E. Davidsen, Planning and Zoning Department
Absent:
Hilda Mann
The meeting was called to order at 7:30 p.m. by Chairman Roberts.
The minutes of August 18, 1987 were approved as written.
Mr. Roberts announced that Site Plan Review No. 22-87, William E. Threw has been
tabled by consent of the applicant until the October meeting. Also, Site Plan Review
No. 26-87, French Mountain Commons has been tabled by consent of the applicant until
the October meeting.
NEW BUSINESS
SUBDIVISION NO. 10-86, Preliminary Approval
Stonehurst, Phase II
Mr. Roberts said this was for 15 lots east off Ridge Road in a Suburban Residential
30 zone.
Leon Steves represented the project. He said this is an extension to the north of
an earlier subdivision in 1983. There is 14 additional lots with a large parcel to the south.
Mr. Roberts said the road going through east Sunnyside Road was part of Phase I.
Mr. Roberts asked how much of Phase I is completed. The Planning Board is not permitted
to give final approval unless 60 percent of the previous phase has been completed.
Mr. Steves said that Section I was not a Phase I under the previous regulations.
It was a foothill subdivision. It went through sketch, preliminary, and final stages. He
said this is the first time the Planning Board has seen this subdivision under the current
regulations. Mr. Roberts asked if this was the rest of the land and phasing process. Mr.
Steves said yes. Mr. Roberts said he remembered their putting a road through for a second
entrance before all of the lots were developed. Mr. Prime asked what the original plan
was. Mr. Steves said 49 lots and that was all that was contemplated. Mr. Prime asked
what the difference between a phase and section were. Mr. Steves said that they didn't
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show the entire perimeter. Plans were brought in and showed 49 lots. Mr. Steves said
the phase condition has just come in recently. Mr. Roberts said this subdivision is covered
under this policy. The Planning Board cannot give final approval until 60 percent of
construction is completed in the previous phase.
Mr. Steves said a determination by Counsel should be given. Are current regulations
retroactive?
Mr. DeSantis read a memo from former planner Stuart Mesinger dated December
22, 1986. The memo addressed a phasing policy for residèntial projects. This is the first
time this situation has happened since the new regulations.
Mr. Dybas asked how many lots have actually been built out of the 49 lots. Mr.
Steves said 23 lots have been sold, 7 homes have been built.
Mr. Dybas thought that the "60 percent" was based on dwelling units constructed.
Mr. Roberts asked if an engineer was hired. An engineer was not hired to review
these plans for this meeting.
Public Hearing Opened:
Erma Gitto, neighbor, said her property borders Stonehurst. She wanted to know
where the new road is being built. She asked about access to the roads. Mr. Steves said
there will be an entrance coming in on Sunnyside and coming in on Ridge. She wanted
to know how far the road is from her property and asked if there would be a buffer. Mr.
Steves said she would be 270 ft. from the new road.
Mr. Roberts said John Webster, neighbor, was concerned about getting access to
his property. Mr. Steves said he knew about a 50 ft. strip being put it called a drainage
easement. He was concerned about crossing Halfway Brook.
Mr. Roberts said this was a fairly straight forward cul-de-sac. He said not hiring
an engineer was an oversight. Mr. Dybas asked if this was phasing or not. Mr. Roberts
said it is phasing and the applicant must have 60 percent completed before final approval.
Mr. Steves said he was asking for preliminary approval. He hasn't changed any
regula tions.
Mr. DeSantis said he needs a copy of the ordinance amended by the Town Board.
Mr. DeSantis compared this project to the Baybridge Subdivision. Mr. Prime said the
builder is the contractor and is constructing 60 percent in each phase. The Stonehurst
subdivision is not doing this. The builder is not the contractor. Mr. Roberts said the Town
is trying to avoid subdivisions being sparsely built (building a road and having the Town
accept it and construct a few scattered houses and then build another road with a few
surrounding houses and so forth).
Mr. Steves requested the public portion to be closed and to have the application
be tabled until October.
Mr. Roberts said that Morse Engineering was hired previously but did not review
the project for this month. Mr. DeSantis said according to the minutes, Morse Engineering
was hired in August 1986. Mr. Roberts said they need to hire an engineer for more
professional help.
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Public Hearing Closed.
Mr. DeSantis said the Board should table the application for more engineering review.
Subdivision No. 10-86, Stonehurst, Phase II, preliminary approval was TABLED by
consensus of the Board.
SUBDIVISION NO. 10-87, Final Approval
Oakwoods, Phase II
Mr. Roberts said this was for 11 lots east of Lambert Drive in a Suburban Residential
20 zone.
Leon Steves represented the project.
Mr. Roberts said that part of this subdivision dates back to 1973; it will be reviewed
along with Phase II.
Mr. Steves said in December 1973 a Town road was dedicated. Mr. Steves addressed
the undeveloped land off Timmons Lane.
Mr. Roberts said that the Board of Health, Town Highway Superintendent, and Water
Department have letters of approval in the file.
Mr. Roberts said all approvals have been obtained. Mr. Roberts said that stormwater
drainage has been addressed. Mr. DeSantis said that the three conditions have been met.
Mr. DeSantis MOVED FINAL APPROVAL of Subdivision No. 10-87, Oakwoods for
11 lots. This is based upon the fact that the three conditions have been met; State
Department of Health, -Water and Town Highway Department approvals. There have been
no significant changes since preliminary approval has been granted.
Second by Mr. Macri.
Passed Unanimously.
NEW BUSINESS
SITE PLAN REVIEW NO. 25-87
Dunham Brothers
Mr. Roberts stated this was to construct an addition onto the existing building on
the property situated on the corner of Route 9 and 149 in a Highway Commercial 15 zone.
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Mr. Roberts said the application had appeared before the Board a few months ago.
Mr. Macri said this a completely new application.
Nick Sciartelli, project engineer, said the total area is 1.65 acres. The present building
measures 6,975 sq. ft. The total with the addition will be 13,950 sq. ft. The addition
will be at the rear of the present business. It is required that there be 5.5 parking spaces
per 1,000 sq. ft. of gross leasable floor space. Dunhams needs 77 parking spaces. Mr.
Sciartelli said there is 90 spaces available.
Stormwater drainage and catch basins were discussed. There are three drywells,
4 ft. in diameter. Mr. Sciartelli said all drainage for stormwater is contained within the
si tee
Green areas were discussed. There will be an additional green area on the north
side.
Mr. Sciartelli said the height of the building will be 29.5 ft., approximately 30 ft.
from ground level to the top.
Mr. DeSantis asked him to address traffic. Mr. Sciartelli said the summer months
are heavy with traffic. He said he hasn't done "in depth" studies regarding the traffic.
Mr. Macri discussed pedestrian traffic. Mr. Sciartelli said along the east side of
the road there is foot access. If people cross the road then there is a problem. He said
vehicular traffic is a problem. Outside the boundaries of the proposed site there is a gravel
driveway.
Parking spaces were discussed again. Mr. Sciartelli said the parking dimensions
are 9 ft. wide. per lot space. Mr. Roberts said the Ordinance requires 10 ft. wide spaces.
Mr. Sciartelli said that 12 ft. is for handicapped. Mr. Sciartelli said there is some overflow
space and they could easily accommodate the required 77 parking spaces by making the
lot spaces 10ft. wide.
Public Hearing Opened: no comment
Mr. Roberts said the Board cannot approve 9 ft. wide spaces. Mr. Prime asked why
they are using 9 ft. Mr. Sciartelli said that 9 ft. is sufficient. They always use it.
Attendant parking is 8 ft. and self parking is 9 ft. Ten feet is comfortable parking. Mr.
DeSantis said they should have the luxury of 10 ft. wide spaces. Also, they should consider
decreasing the paved area and increase the green area.
There was discussion on having a pedestrian signal light and cross walk. Mr. Macri
said that businesses would have to petition the State. Pedestrian traffic is a major problem.
They need to correct the situation now.
Mr. Roberts said a project engineer must look at this and come back with more
information. Mr. Martin said an increased traffic generation is needed. Mrs. Levandowski
said more business creates bus tours and should have parking to accommodate bus parking.
Mr. DeSantis asked how many more employees are involved. Mr. DeSantis said that
on the septic design plan it says 30. Mr. Sciartelli said he wasn't sure how many.
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David Kenney, owner of Adirondack Factory Outlet Center, talked about whether
or not the Log Jam Factory Outlet has to come back before the Board. He said that he
has bought the property where the gas station used to be. He wants to see side sidewalks
put it. What is needed is an 8 ft. wide sidewalk; a strip of land should be reserved, maybe
land could be donated to the Town for pedestrian traffic. Mr. Prime said that since Mr.
Kenney was talking about dedicating land that maybe there could be centralized parking.
Mr. Kenney said there isn't enough room for centralized parking.
There was much discussion regarding pedestrian traffic.
Public Hearing Left Open:
Site Plan Review No. 25-87, Dunham Brothers was TABLED by consensus of the
Board pending more engineering data: pedestrian traffic plan for east side of road,
pedestrians crossing the road (vehicular), parking.
SITE PLAN REVIEW NO. 27-87
Logger's Equipment Sales, Inc.
Mr. Roberts stated that this was a proposal for new and reconditioned truck sales
office and two-bay garage with customer and employee parking on the property situated
on Route 9, north of Apples Annie's, south of North Country Radiator in a Highway
Commercial 15 zone.
Attorney Ben Pratt represented Logger's Equipment. He said the application is
to build on Route 9 where there is now a dilapidated house. They will clean it up for the
sale and reconditioning of trucks. It would be connected to the primary building which
fronts on Lawton Road. He said he has been in operation for 30 years. It is heavy
equipment. The project has been in gestation for a period of time. Mr. Pratt said some
of the problems will be alleviated from a business that has been there for a long time.
He said they are doing all they can to improve the appearance of Logger's Equipment
Sales. He added that they are not looking for a variance and a change in the use of the
property.
Mr. Martin read comments from the Warren County Planning Board. They approved
on the condition that equipment should not be parked in the front of the facility and that
the applicant meet with the Beautification Committee for their recommendations.
Mr. Pratt said the new building would be a little over 3,500 sq. ft.
Board members discussed a variance application (number 863) that was approved
in September 7, 1983. The findings were as follows: "The Queensbury Planning Board
recommend approval as this is a preexisting building and not out of character with the
area. II
Public Hearing Opened:
Mr. Macri asked if egress is on Lawton Road. Mr. Pratt said yes, this is the primary
'-- ingress and egress. Mr. Macri aSked if there was a possibility of widening the curb on
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Route 9 to facilitate trucks. Mr. Macri said that might not be a good possibility because
'-- a lot of neighbors are concerned with a lot of traffic being dumped on Lawton Road.
Board members discussed ingress from Route 9.
Mr. DeSantis suggested that there could be a designated area in the back parking
lot; leave a path so that trucks could get into the Bay easily. Mr. DeSantis asked what
the size of a normal truck is. Mr. Pratt said an appropriate size is 50 ft. long and 12 ft.
wide. Mr. DeSantis said that if there is a path 20 ft. wide in the back lot (storage area)
then this should be adequate for trucks to get into the bay. Mr. Pratt said they could
possibly do this but would have to review the plans more closely for this possibility to
exist. He said someone had told him that was impossible to do.
Mr. Macri asked if this would be one contiguous operation. Mr. Pratt said yes. Mr.
Macri said the Board needs to look at the whole site. Mr. Pratt said that all bays face
Lawton Road. Mr. DeSantis suggested that trucks come off from Route 9, go north, going
down the length of Lawton Road which would take the trucks off Kendrick Road, Sweet
Road; the side roads. The fact is that the storage area is actually being used; trucks are
being started up and moved throughout the day.
George Munoff, 32 Montray Road, stated he is a neighbor and lives across from
Logger's Equipment. He said Logger's Equipment stated they have been there for 30 years.
Mr. Munoff said they have not been there for that long. It was a small garage. He said
recently neighbors had received an invitation from Logger's Equipment to solve the problems
that exist between them. Mr. Munoff said that any problems created have been from
Logger's Equipment and not the neighbors. He stated that about 30 residences have signed
a petition against the proposal.
Bill Manicini, owner of Browns Motel, said that if he had known what was behind
the motel he would have never bought it. He said he bought the motel in December when
the snow covered everything. He talked about vibrations from the trucks. He is concerned
about increased traffic.
Debra Eggleston, neighbor, stated that her home faces Logger's Equipment. She
doesn't feel there is room for expansion. She said the trucks there are an eyesore. She
mentioned the fact that maybe it was time for Logger's Equipment to relocate.
Ruth Kouba, owner of the mobile home park across from Logger's Equipment, said
she agrees with Mrs. Eggleston. Also, children play out back.
Mr. Pratt said the facility will create 2 new jobs. He said the business has legal
rights to exist in this place. He will agree to make the operation more acceptable for
everyone involved.
Mr. Macri said the Board is dealing with an existing nonconforming use. The applicant
is asking to expand this nonconforming use. Mr. Roberts said the business has outgrown
this particular area. The applicant has some preexisting nonconforming rights. He feels
that they have "out used" their rights. Mr. Roberts said that the Board has a right to
say no to a site plan. He doesn't think this is a particularly good use in this zone. Mr.
Macri said the purpose of the Planning Board is to protect the public and environment
safely. The Planning Board must look at each site plan objectively.
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Public Hearing Closed. ,
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Mr. Martin MOVED DISAPPROVAL of Site Plan Review No. 27-87, Logger's Equipment
Sales, Inc. The site on Route 9 is inadequate to accommodate the proposed business.
This requires the use of Lawton Avenue for the proposed site. The applicant is asking
for a nonconforming use in a surrounding residential area.
Second by Mr. Dybas.
Passed Unanimously.
The meeting was adjourned at 10:30 p.m.
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Richard Roberts, Chairman
Minutes prepared by Susan E. Davidsen, Planning and Zoning Department
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