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1987-11-19 JI) QUBENSBUllY TOWN PLARIIIBG BOAD Resched.1ed Meeting Be1d: BÐveaber 19, 1987 at 7:30 p.a. Present: Richard Roberts, Chairman Susan Levandowski Thomas Martin, Secretary Joseph Dybas Prank DeSantis Victor Macri Bi1da Mann R. Case Prime, Counsel Mary Jane P. Moeller, Stenographer Chairman Roberts called the meeting to order at 7:30 p.m. The minutes of October 20, 1987 were approved as written by consensus. OLD BUSIDSS Mr. Roberts announced that two items under Old Business were tabled: Subdivision No. 10-86: Stonehurst, Phase II Site Plan No. 22-87: William E. Threw SUBDIVISIOB BO. 17-86; PIBAL APPROVAL Queen Victoria's Grant, Phase II Mr. Roberts stated that this is for PINAL APPROVAL in a Suburban Residential-20. Robert Stewart represented the applicant. Mr. Stewart stated his understanding that he was to return to the Board when 601 was started on Phase I, in order to get the map approved for Phase II. There were 46 lots, with some 92 homes in Phase I and, at the present time, started on 42 lots and 84 homes, well over the 601 level. Applications for the same building permits in all of Phase I have been applied. Construction is going fast on the project. Mr. Stewart offered colored-coded charts of Phase I showing which lots are started and the phase of development for each. Also offered was a breakdown of how many houses and what stages they are in. Mr. Roberts verified that Phase II is a cul-de-sac. Mr. Stewart said yes - Queen's Ann's Court, which are not all sold, some are speculative. - 1 ;L\] Mr. Roberts asked the Board if they felt that there was compliance of the 601. Mr. Stewart verified: Total lots: 46 lots in the Phase I, which required 92 homes; 42 out of the 46 lots are started, and 84 out of the 92 homes. Percentage of start is 91.31, well over the 601 level. The conversation then centered around the roads within the develop- ment. Mr. Stewart said that the roads for Phase II are on the agenda for the Town Board on next Tuesday, at 4:30 p.m. Letters of approval from the Highway Department, Water Department have been on file for over a month. The Town Board will not accept the roads for Phase II, until this Board has approved Phase II, so that has to back up to this. The roads in Phase II are all done and approved, except for the final top blacktop layer. The subdivision regulations contain specific provision that a developer can offer the roads for approval by the Town without the final blacktop layer to the Town Board, if at that time he offers to put up a check for security for the estimated cost to finish it. Mr. Stewart said he has been before the Town Board, discussed it and they have agreed to accept the road under those circumstances. Mr. Naylor has written the Town Board saying the roads are fine, and have met all standards and requirements up to that level, and our indication is that they will approve the roads under those circumstances. Mr. Prime asked if the letters have been filed with the Board. Mr. Stewart said that he has never seen them. They are submitted to the Town Board. I have been told that we posted a $24,000 check to guarantee that we will, in the Spring, put the final coating on. It is too late this time of year -- Naylor does not want blacktop poured after October 15. Mr. Prime requested that copies of the letters should be received and put in the file. Mr. Macri stated his concern that nothing is being cross filed. Mr. Stewart pointed out to the Board that they were not able to get approval of Phase I, until the Planning Board approved Phase I. Then we have to show that the roads are built to "snuff" and that you (Planning Board) approved the roads, then and only then will the Town Board consider approving the roads. Mr. Stewart commented that the above is the pro- cedure which has been established. The roads are all in, the water is in. Mr. Macri said he has a problem with proceeding with the roads, before coming to the Board - it is premature. Until approval for the subdivi- sion is granted and roads and profiles, the roads should not have been built. This was only for PRELIMINARY APPROVAL. Mr. Stewart made note to a letter from Mr. Messinger and the approval status (see attached, Page 2A). Mr. Stewart felt that Final Approval was given in this letter; however, Mr. Macri pOinted out that it was Preliminary Approval only. The reason that roads should not be built until final approval is because it gives the Board an opportunity to change profiles, shrink up the development, etc. '- 2 )11 .~( . . .. ~_ ._._. - .u . ..~_.. . ,-..--- _.- .-. )~. _Jown 0/ Queen:Jbuf'fj Q1JEENSBUP-. Y TOWN OFFICE BUILDING .II> BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 ~~~~ May 1, 1987 Houert ~. Stewart 10 Hadem Street Glens Falls, New York 12801 Dear Bob: You asked for an outline of the status of the Queen Victoria's Grant subdivision. Phase 1 of this project has been given final approval by the Planning Board. This means that upon payment of the recreation fees the completed final plat may be signed by D~ck Roberts and construction can begin. Phases 2 and 3 have received preliminary approval. This means that after 60% of the units Cor phase I have been started, the plat for phase Z may be brought in for final approval' and signature. Since the entire project has already received SEQR approval as well as approval from the DOH, Fire Chief, Highway and Water Superintendents, this should be a simple procedure completed in one meeting provided that phase 1 was constructed according to plans. Also, please be advised that the "development moratorium in no way affects the approval process for this subdivision. Phases 2. and 3 may be brought in for final approval and signature regardless of the moratorium. As we discussed, Mr. Roberts may only sign the final plat once all other required signatures are on it and the recreation fees have been paid. Once Mr. Roberts signs the plat you should file it with the County Clerk and provide us with 10 copies for our filing and distribution. Thanks for your assistance in this matter. Please let me know if there are any other questions. :i.ßç)Y' ~. ,;-)1-,. . , .,f, ) -, , (t \5: ,L 'Stuart F. Mesinger Senior Town Planner I , ),,/' ..---- "'--- SFM/sed cc: Richard Roberts d2f1 SFTTI FO 17~3. .. IIOME orl~^T1JRAl RfAUTY... ^ GOOD 1" ^r:~ TO 1 '\IF ~-----_.__._-_.- )-\5 Mr. Stewart requested guidance concerning this road problem. As he understood the rules, he could not get approval for Phase II, he could not get a building permit to build a house. Mrs. Mann explained that what the Board did not want a "Levitt Town", where 200 houses were built over a completed development. It is important to see the ramifications from one Phase I, before the next Phase can start. More conversation continued regarding the approval status. Mr. Stewart said that once the Preliminary Approval and all the plans detailed were done and approved - street, highway, water, etc. - then the developer was able to feel that he had approval and then went ahead and bought the property. Up until that point, he had it under options. The developer's understanding was that the final approval in the phases was only that you had to put up one, and come back and show the 60S started on one, and then you automatically got two. It was pointed out that there are three stages: Preliminary, Final and Conceptual. Phasing has been in existence for a long time, but there has been an additional requirement of the construction level, which was put into effect January 31, 1987. The reason for the 60S is to see that much developed and the results of that development. Mr. Roberts said that there is some disagreement as to the letter from the former town planner, and it seems that the we are operating against the way we thought phasing should be. Mr. DeSantis stated that the Board should have a letter from the Highway Superintendent saying that the Phase II roads are satisfactory. Mr. Stewart said he could have that letter by noon tomorrow. (Note: At this point, Mr. Morse addressed the Board at the bench and the statements were unintelligible.) Mrs. Levandowski MOVED FINAL APPROVAL of Subdivision 17-86, Queen Victoria's Grant, Phase II, that it has satisfied the 60S development requirement as stated, which we want to change. This is contingent on receiving letters from the Highway Department. Seconded by Mrs. Mann. Passed inani.ously SUBDIVISIOB BO. 6-87 Northern Distributing, Phase I Mr. Roberts said this is for seven lots on the lands of Northern Distributing, south side of Corinth Road in a LI-IA zone. " 3 "I ;L1b , Wayne Gannett, Rist Frost Associates, represented the project. Briefly, the subdivision is seven lots on the south side of Corinth Road, the largest lot being the Northern Distributing complex, with room for expansion; there are two lots on the west of new road (a town road) and four lots on the east side. There will be provisions for on-site control of runoff, on-site septic system, entire complex will be served by town water aain expansion. There will be a temporary cul-de-sac as future phases are developed, to continue on down and eventually come out onto Corinth Road. A few more design details have been added, but basically it is the same that the Planning Board reviewed last month. Mr. Roberts said that they didn't have too many questions; in fact, they were excited about the project. Mr. Prime asked if there were no basic changes in the lots or from the Preliminary. Answer: That is correct. Exactly the same preliminary. Mrs. Mann stated that there was concern about right-of-way and easements. Answer: One was an option that expired in 1910 and the other one is an old railroad right-of-way that the attorney is working with International Paper's attornies, and the whole thing is in the process of being released, and as soon as there is a final piece of paper it will be provided for the Planning Board Files. Charles Scudder, Consulting Engineer, has no problems and it meets the standards in all respects. He thinks it is a good project. Mr. Dybas MOVED FOR FINAL APPROVAL Subdivision 6-87, Northern Distributing, Phase I, having met the requirements of the Planning Board and the Town Zoning Ordinances. Regarding the options, one has been ironed out and the other will be ironed out shortly. Seconded by Mrs. Mann. Passeel: 6 yes (!.oberts, Kartin, Kan., DeSantis, Dybas, Kacri) 1 abstain (Leyandowski) SITE PLAB BO. 25-87 Dunham Brothers Mr. Roberts stated that this is to contstruction an addition onto th existing building on the property situated on the corner of Routes 9 and 149 in a HC-1S zone. -- 4 JI7 Richard Morse of Dunham Bros. was representative for the project. Mr. Morse covered issues which were raised at the September 15, 1987 meeting. 1) The sidewalk is now shown on the map, as based on discussions with the Department of Transportation. 2) The crosswalk. Mr. Roberts provided background history for the audience. A number of these new stores along Route 9, just south of 149, are expanding rapidly and something has to be done about the traffic. We are trying to get, with some success, most of the neighbors to agree to go with sidewalks. That way customers can walk from store to store, instead of driving to various stores. An engineer has been hired to help coordinate some of this. The Warren County Planning Board thinks this is a good idea, too. There is a letter from Bunny Bitner, Chairman, who likes the idea as well (see attached, Page 5A and 5B). Dunham's was requested to find out about a light and pedestrian crossing between the two shoe stores. Mr. Morse said that the N.Y.S. Department of Transportation was contacted. Since the last meeting, a formal response has been received (see attached, Pages 5C and 5D). The D.O.T. listed requirements that they wanted. This was shown on Sheet 3 of the packet distributed to the Board. This redefines the stop-line and the crosswalk; it provides signalization; pushbutton on both sides at certain elevation, with STOP, WALK AND DO NOT WALK signalization. The controller that is there will handle this, and they have submitted an itinerary of materials that are needed to purchase, which the developer will purchase to put the light in. They have informed Dunham's how to do it. A Work Permit is to be obtained from the N.Y.S. Department of Transportation. So this will be done, if approval is given. Mr. Roberts had a reservation on one part of the letter and that is that the above is contingent on the town accepting the sidewalk, and he is not sure the Board can speak for the town on that. Mr. Roberts did not feel that is the way it should be done, as he thought the businesses would take care of their own sidewalks. Mr. DeSantis felt it is the legal liability with the town that the Board is objecting to (last line of 10/30/87 letter from D.O.T.). He does not feel we can speak for the town, accepting either maintenance liability and certainly not legal liability. Mr. Morse said that we, as a developer, are ready, willing, and able to take that responsibility. All we can do is to accept that respons- ibility. We are certainly not trying to encumber the town with that. Mr. Roberts said that a clarification is needed. Mr. Morse again verified that the developer would accept the responsibility, but that it will be clarified. Mr. break. DeSantis asked who fixes the pedestrian Mr. Morse said that has not been resolved. switches, when they Generally the lights '- 5 WARREN COUNTY d\~ " - ~ ~ Telephone 518·761·6410 PLANNING BOARD 'fOWN O~ QUE;E./,íS8UfW r\E\.."ì-l~~. '(~ )~tir\r ~i..~\'~I't.-"lìi v~ ,.!¡ -:vG,.!~.,;,~ ,.,¡¡ ~ 1\ ii-I,\ ~-'O I ù U ; li\;-":~\IOV ¡ , 987'¿.!J Warren County Municipal Center Lake George, New York 12845 Town of Queensbury Town Board & Planning Board Bay Road Glens Falls, N.Y. 12801 Fii.ANNlNG & ~!Oim\lG DEP/~trri':¡~~NT Dear Board Members; The members of ,the Warren County Planning Board have asked that I correspond with your bo~rd to express our concern about traffic in the Route 9 corridor between Exit 20 of the Adirondack Northway and Route 149. It has become all too apparent that the intensity of land use in that area has created tremendous traffic pressure that wi1l not be solved by a single solution. A unified effort is needed in dealing with some of those problems and issues in order to insure that an already bad situation doesn't become worse. At a recent meeting with'representatives of N.Y.S. Department of Transportation, traffic section, the Warren County Board of Supervisors and staff of the Warren County Planning Department, it was pointed out by the D.O.T. representative that problems within that corridor need to be addressed from a land use perspective. It was said that a solution would not be forthcoming from D.O.T. because of the fact that th~ number one priority throughout New York State was the deteriorated condition of the bridges and the maintenance of existing roads. The only way that the section of Route 9 mentioned would be addressed by D.O.T. would be if the accidents and their severity were of tremendous magnitude. The problem appears to be more of a capacity problem and not an accident problem, and the D.O.T. representative stated that they did not have the funds to deal with capacity. He felt that the municipality should examine its land use regulations and densities in that area and try to deal with the problem from that direction. He did say that representatives from his office might be available to provide technical assistance and possibly a traffic study of that corridor if requested by the municipality. The issue of dealing with pedestrian and vehicular traffic between the parcels on the east side of Route 9 is a specific problem that the County Planning Board is concerned about. It is our position that a better solution is possible and that the inclusion of sidewalks and access points along the front portion of the parcels, in total, along that corridor are both practical and necessary. It is felt that, in conjunction with working with the Town's designated Engineer and the project applicants, the Warren County Planning Board and the Town of Queensbury Planning Board can specify enforceable conditions that will insure that a more cohesive approach is followed in that area. "- rð- ~\~ WARREN COUNTY PLANNING BOARD Warren County Municipal Center Lake George, New York 12845 Telephone 518·761·6410 The County Planning Board felt that this information might be helpful to your board in reviewing projects in that area as well as dealing with long range plans for not only that area but other potential commercial areas in the Town which will undoubtedly have similar problems. The Warren County Planning Board is very interested in addressing this problem and will be glad to meet with representatives of your board to develop better solutions to the land use and traffic problems facing the· town of Queensbury and Warren Coutny. Sincerely, ßrß~ Bunny Bitner, Chairman ¡.' - 519 ~ .' /~.:'<'-:.~:~·t! ,,::~',¡,~Y:;:~f ~:,~:,¡~;t';,~'~'J :~'..~ ' ' "'of .¡.", I ;, ." .j; 'j ,,," '~'f¡ ' I' "",. \" ~ ", I "~I . ,,',:, '" ,¡ ,~ I ¡, \ of '- ,'\ I' '~ .: ,_ J ï. . ~,y . ~ '., ! 1\; .!~ <~ ·'O~·:V· \"1"; . :~'·19\.I8· 7,Si II , , \ ,I . r...' ~ ...<01 ...J --v l/J7- ~ðOO ??-Ò 1ã1 AIORSE EJtGltlEE.RING fà1 llü@j (£: ~O~c.JW l';l.i~:rl.·'-"':i':':, :}, ·,·,..'1',":.',.... STATE OF NEW YORK '. A"'4·~.. """ "'\"';.~A.:d..;J [}EI".!mïrÆ::N"f DEPARTMENT OF TRANSPORTATION 84 HOLLAND AVENUE ALBANY, N.Y. 12208 [N OV .~ 1Ðß7 ... JOHN E. TAYLOR. P.E. REGIONAL DIRECTOR FRANKLIN E. WHITE COMMISSIONER October 30. 1987 Mr. Nicholas Sciartelli Morse Engineering 99 Lower Dix Avenue Glens Falls. NY 12801 Re: ROUTE 9 AT ROUTE 149 WARREN COUNTY Dear Mr. Sciartelli: As per your request. we have investigated the installation of a pedestrian signal and a crosswalk at the subject intersection. We approve the addition of these features. The work would be done by your client under a Highway Work Permit. Attached is a sketch showing our suggestions on what is needed to complete the work. Briefly, what is needed is as follows: 1. Install pedestrian indication and push button on signal pole in southwest quadrant. Install sidewalk/pad so pedestrians can reach the button. Relocate a sign so that pedestrian indication can be seen and so pedestrians can reach button. 2. Install crosswalk across Route 9 (south side of. intersection). 3. Install new pole with pedestrian indication and button in southeast quadrant. Pole to be located behind the curbed brick island so that it won I t be hit by turning trucks. Install conduit (30 feet) from pole to pullbox 2. 4. The new wire shall go from the controller, up the signal pole, across the span. down the other pole to pull box 5, through the conduit to pullbox 2 and then through the new conduit to new pedes- trian pole. We estimate the ~length of new wire (7C/l4G) to be 325 feet. ..' ~e- ;)~\ Mr. Nicholas Sciartelli October 30, 1987 Page Two You also requested that we consider a sidewalk along the east side of Route 9. We would approve such a sidewalk if its location provides room for snow storage along Route 9, the Town accepts maintenance and legal liability, and if handicap ramps are provided. If you have any questions, please call Jan Meilhede at 474-6377. Very truly yours, ~fi~ Joseph W. Kelly Regional Traffic ngineer JWK:JM: 11 Attachment CCI H. St~£fen8, Warren County Resident Engineer W. Logan, .Traffic & Safety, Region I T. Dick, Traffic & Safety, Region 1 ... - s~ )~~ '---' are maintained by the State of New York - the State owns and operates the lights, and they would be responsible for the operation of it, whether they backcharge Dunham Shoe or not is their (NYS) responsibility. Mr. DeSantis was still looking for a mechanism - he gave an example of July 5th and the switch broke. The pedestrian that is there knows that the switch is broken, but whose responsibility is it (let's assume you make the allocation between the client and the State) ..~. who is supposed to call first? Are we to wait until the State notices that the pedestrian switch is broken and then assigns a crew, or is it going to be Dunham's responsility, because they will know pretty much immediately because a customer will come across the street and let them know that the switch is broken? I am looking for a maintenance factor. Mr. Morse said he would assume that if there is a problem with a light that Dunham's, being there and being a prime mover in the light, would take the responsibility to notify to notify whoever is responsible. This would be true even if the major overhead light went out. Mr. Roberts said that this still has to be clarified. Mrs. Levankowski asked who main- tains the lights at Aviation Mall. Mr. Morse said that the sidewalk that we had agreed upon is shown on the map. Mr. Morse pointed out that the other items that were in question were the letter from the Beautification Committee. The meeting which Dunham's was supposed to attend was cancelled and a letter was to be sent to Mr. Roberts, but Mr. Morse has not seen that letter. Mr. Morse said he does not know the contents of the letter, but that Dunham's would meet with any requirements of the Committee. The next meeting of the Beautification Committee is December 7, and Dunham Shoe will attend. Mrs. Mann asked about the two buildings in the back. The area shows as grass on the map, but when she was there it was mud. Mr. Morse: It was eliminated. Charlie (Scudder) had made a recommendation that we eliminate the asphalt coming around and it is now gravel. Mrs. Mann said the asphalt is pretty far back now. Mr. Morse: The owner of the place next to Dunham's has encroached 7 feet on Dunham's and they will remove the asphalt. The septic has been relocated. Mrs. Mann advised the Board that, while reviewing some of the bigger projects, the little ones are slipping in and we will get a multitude of little ones. Mr. DeSantis pointed out that we do not have jurisdiction over certain-sized projects. We did not review this the first time. Mr. Roberts introduced Charles Scudder, Engineer working with the Board. Mr. Scudder said he and Mr. Sciartelli, Project Engineer of Morse Engineering, and the County Planner had meetings on this project, because the County had turned the project down because of a traffic hazard, but the County did not explain what was meant by that. What is meant is beyond the control of Dunham's and the Town to get a right turn lane. A right-turn lane would solve some problems, but it is an extremely complicated question and it is not fair to hold Dunham's up, because they ~ 6 )~) have no power to do anything about it. Morse Engineering has done the things that can be done: 1. Increase the permeable area on the lot; 2. Survey the back parcel and locate the blacktop in respect to their property line; 3. I had concerns about drainage, but that was taken care of. Mr. Scudder recommends Approval. Mr. Roberts brought up the subject of pedestrian and vehicular passage- ways continuous through the shopping areas. Mr. Scudder pointed out a misunderstanding about the County's statement that they would like to see a north/south road inside the private property line (lateral access road). What the county really wanted was to be able to have the cars aigrate through little openings. Most of the private property owners, including Dunham's, would like to have that type of road. Public Hearing Opened: no comment Public Hearing Closed. Mr. DeSantis: Would you show us on this sheet were the sidewalk is. Mr. Morse: It is in back of the property line, you have to look at the section line. (Conversation at Board table unintelligible.) Mr. Macri asked who makes sure the sidewalks are maintained in order to meet DOT criteria. Mr. Morse: We will maintain it as we maintain our parking lots. It is a benefit to us. Mr. Roberts: I think it will take care of itself. It is to their advantage. The Town does not want to get involved, nor does the State. Mr. Scudder: concern about it. way and is going to the way to proceed. I have researched this question and have expressed some It is a complicated matter to do anything in a formal take time. The way you (the Board) are proceeding is Mr. Macri still expressed concern about the sidewalks, especially after a business goes out of business. The common pedestrain access still exists. Mr. Martin asked about the status of Warren County Planning. They disapproved, even with the changes. Mr. Roberts: We need a majority plus one. Mrs. Mann MOVED APPROVAL Site Plan 25-87, Dunham Bros. being as they have made an effort to comply with the concerns of vehicular and pedes- trian traffic. They have met requirements for the request of sidewalks and accept the maintenance and liability of said sidewalks. They will preserve vehicular transfer between stores and the parking lots. They will remove 7 feet of blacktop to the east of the building and obtain DOT permits for the light and pedestrian crosswalk. They have to meet with the Beautification Committee and follow their recommendations. ',- 7 J~~ Seconded by Mr. DeSantis. Passeel: Yes 6 (Levandowski, Dybas, Mann, Roberts, Martin, DeSantis) No 1 (Macri) SITE PLAN 31-87 Hi-Way Host Motel Mr. Roberts units onto the HC-1S zone. read the application for construction of an additional 98 existing motel on the property situated on Route 9 in a Mr. David Kenney, owner of Hi-Way Host Motel, explained the project, the purpose being to convert the Hi-Way Host Motel to Days Inn Motel. There will be parking in the rear and an indoor swimming pool. He believes that he has met all the criteria of the town. To the north of the property where the right-of-way is, Mr. Kenney will not infringe on that in any way. Mr. Kenney is also owner of the Adirondack Factory Outlet. Mr. Roberts pointed out that Mr. Kenney just purchased the property to the south. Mrs. Mann verified that there is no more land available on the roadway. Mr. Kenney explained that, by the recent purchase, he protected himself and the existing businesses. The house will be coming down. Mrs. Mann felt that the development was good, because it was going deep. Mrs. acres are? Mann: Where Kenney: Yes. the streets are out back, is that where the eight Mr. DeSantis asked if the 8 acres are part of the Site Plan? Kenney: They are part of this Site Plan, but not part of - - - - -(interruption). Mr. Macri asked if it will be used in the function of the whole property? Kenney: Presently, no. In the future I would like to do something with it. As part of the site. Mr. DeSantis confirmed that Mr. Kenney will have to come back when he wants to construct on the 8 acres. A conversation continued as to the relationship is of the site plan acreage versus the recently-acquired 8 acres. Mr. Prime asked how many total units there will be: Kenney: 109. Mr. Prime: How many parking spaces. Kenney: 111. Mr. Macri: How many additional parking spaces? Mr. DeSantis: How many spaces there now? Kenney: Roughly 36 now. I am taking down 10 units and those parking spaces will be rearranged. The units are not part of the new site, they (10 units) will be demolished and gone. Mr. DeSantis: How many units are - 8 ~ ?-5 there now? Kenney: 34. Mr. Kenney agreed that there will be III spaces for 109 units and 8 for handicapped. Mr. Dybas asked if Mr. Kenney was thinking of the service people, employees and parking. Mr. Kenney agreed that it was one per unit. Mr. DeSantis continued to express concern as to whether there were enough parking spaces for guests, maids, service people, restaurant, etc. Mr. Kenney said he has never had a problem and does not anticipate a problem. Mrs. Mann disagreed about additional parking in that "we are parking ourselves out of sight." Mr. Roberts asked if parking seems to be a problem, could Mr. Kenney pick up the road next to the land on the east side of the property. Answer: Yes. Mr. Roberts brought up the subject of the right-of-way in question, as a secondary access into McCormack's property so they could build Phase III, because the Board felt it should have, for safety purposes, two ways in and out. McCormack is thinking of workin¡ out an arrangement to build a road that will use that right-of-way gettin¡ into their property. It would not be wide enough to turn over to the town, as a 50 foot right-of-way, but would be a good access for the locals. (Conversation continued at the Board bench regarding . this particular area.) Mr. Kenney expressed the opinion that he feels that he would like to see the sidewalks go all the way through and felt that everyone will agree. The Log Jam seems to be a problem because the local people who run it actually have nothing to do with the Log Jam. It is out of their hands, and everything is through a developer. Kenney discussed at one point a road in the back. The Log Jam put in a leach field instead of a septic system and it has a big hole. It is physically impossible to get a road out back. There is an opportunity to tie some of the parcels together (with the road). Mr. Roberts felt that the Log Jam would probably go along with the sidewalk. Mr. DeSantis confirmed that the roadway would be 30 feet. The conversation regarding the road also brought into light the Court House Estates, which are located in the back. Mr. DeSantis and Mrs. Mann discussed the Court House Estates access, either from the roadway at the Kenney property or the light at the Municipal Center. Mr. Roberts explained that the reason this has come up is because they have made a valiant effort to try to get another entrance into the Estates. He also commented that, if parking was a problem for the Days Inn, perhaps the adjacent owners could cooperate. Mr. Kenney said that the parking problem has been discussed with the store owners. Mr. Roberts discussed the topic of parking spaces. It seems that with the two properties tied together, there will be some flexibility, where one is busy, the other one is not usually busy. The Board has routinely tried to prevent blacktopping any more than necessary and have allowed reduced number of parking spaces, but allow the land (either gravel or grass) for emergency parking or so that it could be used and set aside for that purpose. '-- 9 ?-?k Mr. DeSantis said the he would like to see less blacktopping. Mr. Kenney mentioned that if a road is going to go in, he would like to remove all the parking in that area at that point and time and get an easement for the property in the back, as he does not want the cars near the road. Mr. Kenney pointed out that there are no outside entrances with sliding glass doors. Mr. Roberts felt that would be a relatively minor revision to the plan and not a big problem. Mr. Charles Scudder, Engineer, said the Board is going in the right direction. He said these are complicated problems to be looked at one at a time, because all the properties relate to each other. He feels every- thing that has been done has been done in light of that. He did not accept Kenney's statement that a road cannot be continued out back. He feels it is possible, might be difficult and might be expensive, but it can be done. One criticism he would like to see parking around back and see the deal with Mr. McCormack. As to the 30 foot right-of-way in the north, there is a town regulation of 50 feet. Obviously there are utilities. There is a new regulation of 24 foot wide pavement in a town road. Mr. Scudder thinks a 30 foot right-of-way is satisfactory. Mr. Scudder continued saying that the McCormack's also made a strong point of getting to Court House Estates along the north boundry of the County property and that is important. He feels the right-of-way is one of the best remaining options. Mr. Scudder also wanted to point out that Hardick Associates endeavors to allow for the movement of cars along the front of the buildings. Therefore, it is feasible for the cars to migrate up to Dunham's. That is not precluded, as he sees it. He feels it is a good project. Mr. Prime wanted to know if Mr. Scudder is content with the number of parking spaces proposed in the Site Plan, relative to the use of the property. Answer: Yes, because there is a great deal of parking asso- ciated with Mr. Kenney's property in the south. He does not foresee any problem. However, Mr. Prime asked specifically about the parking for this Site Plan. The question was not answered, but a suggestion was made that David Kenney write a reciprocal agreement to himself to protect the parking issue. Public Hearing Opened: no comment Public Hearing Closed. Mr. Martin read through the Site Plan Review Checklist. Regarding Section D, Mr. DeSantis mentioned that Dunham's has a profile on the types of materials to be used for the sidewalks, and it would be good to be consistent. Mr. Kenney agreed to do that. Mr. Roberts said that an Association was being formed. Mr. Kenney said he would like to see the traffic continuous. Under Section H, Mr. Macri brought up the topic of sprinkler systems. Mr. Roberts felt that would be taken care of under another code. - 10 )?--1 The Warren County Planning Board approved with modified conditions (see attached, Page llA). Mrs. Levandowski MOVED APPROVAL for Site Plan No. 31-87 Hi-Way Host Motel, David Kenney. for the construction of 88 units to the existing motel, because the applicant has met the concerns of this Board and has the approval of the Town Engineer for this project. Included in this motion is the request for a reciprocal parking easement between this applicant and with the Adirondack Factory Outlet. Seconded by Mrs. Kann. pas.ed ...ai.o..ly. There was a brief recess for 5 minutes. nv BUSInSS SITE PLAB BO. 33-87A Carl E. Kelton, Sr. Mr. Roberts stated that this is to construct a bUilding to be used for motor vehicle sales and service in a HC-1S zone. Mr. Steve Bishop represented the client and briefly reviewed the Kelton business. Mr. Kelton is currently a truck dealer in White River Junction VT. At that location they represent freight lines, D. & C and some other brands of trucks. They have another outlet in Shelburne VT, as well as car dealerships in Rutland, Burlington. This facility is being set up for the sales and service of new trucks. It is the only function at this facility and is the satellite facility for White River Junction, where the main corporate offices are located. The location was chosen because of it accessibility to 1-87, a large volume of traffic coming off Rte 149 and entering Rte. 1-87 on the south- bound ramp. This group has been to Warren County and received approval, with two restrictions: 1) there was to be no entrance on the Gurney Lane Road into the property on the north; 2) that the application outline a tree-cutting plan to the Beautification Committee. '- Mrs. Mann's stated that the concept is very poor from the standpoint that the traffic in that area is bad enough - aunicipal center business, traffic entering and exiting from the Northway, West Mountain Road commuters, Guerney Lane traffic, recreation area traffic. She also felt great disregard for a truck business being across the street from the West Mount Infirmary. The concept of trucks maneuvering in that area was not 11 ~ \~ '~ d-J~ WARREN COUNTY PLANNING BOARD Warren County Municipal Center Lake George, New York 12845 Telephone 518·761-6410 DATE: October 14, 1987 RE: Queensbury SPR 31-87 TO: PlAnning & Zoning Department Queensbury Town Office Bldg. Bay & Haviland Roads Glens Falls, NY 12801 HI-WAY HOST MOTEL Route 9, east side Gentlemen/Ladies: At a meeting of the Warren County Planning Board, held on the '14th day of October , the above application for a site plan review to add 98 motel units (2 story). was reviewed, and the following action was taken. Recommendation to: ( ) Approve ( ) Disapproval s>() Modify with Conditions ( ) Return Comment: Applicant agreed to develop an access/service road along the front of property and connected to adjoining properties to allow through traffic. Sidewalk to be continued along Route 9. -------------------------------------------------------------------------- It is the policy of the Warren County Planning Board to follow the procedures of the New York State General Municipal Law, Section 239-M, with regard to Municipal Zoning actions that are referred to and reported thereon. The following are procedural requirements that must be adhered to: 1.) The Warren County Planning Board shall report its recommendations to the referring municipal agency, accompanied by a full statement for such actions. If no action is taken within thirty (30) days or agreed upon time, the municipal agency may act without such report. If the recommendation is for disapproval of the proposal, or modification thereof, the municipal agency shall not act contrary to such action except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary actions. Within seven (7) days after the final action by the municipal agency having jurisdiction on the recommendations, modifications or disapproval of a,' referred matter ,such municipality agency shall file a report with the Warren County Planning Board on the necessary form~ 2. ) 3. ) John McGilvray, Vice Cþairman 1/'· fl': "~""'/." 72- o _~u 1Juu - z-~~ ", 'Wyll ,Mae Bitner, Chairman f?-9 practical. Mr. Bishop: Hundreds of trucks are in that area. Mrs. Mann: That business is not appropriate in that area. Mr. Martin read the memo from the Warren County Planning Board (see attached, Page 12A). Further conversation ensued regarding an "colIJRercial island" in the midst of a residential area. Also attached is a letter from Charles Scudder. Consulting Engineer (Page 12B). Mr. Bishop said there would be approximately 35 to 50 trucks at this facility. There are approximately 500 trucks at White River. The company is selling 100 trucks a month in New York State out of White River. That is the basic need to get into this area. The hours are a nor..l workday and are geared for their marketplace. Used trucks are taken on trade. There are complete refurbishing facilities at White River Junction (this would not be done locally). This would not be a warehouse. Mr. Martin expressed concern about the sales/service, in that it might turn into refurbishing sales - which might get into painting, used parts, truck repair, gas, etc. Mr. Roberts felt SEQR would come into this; the pollutants getting into the ground water, oil tank for heating the bUilding, etc. Mr. DeSantis asked about gasoline on site. Answer: There would be no gasoline. Mr. Dybas asked how many acres of land? Answer: 19 acres. 6 acres on the initial project. Mr. Roberts from the Water step yet. felt the plans show lack of detail and mentioned a letter Department. Mr. Bishop said they have not gotten to that Public Hearing Opened: Wilson Mathias: Gurney Lane resident He is opposed to the project and shares the opinion about the use in general in that it does not fit into the spot. To have 35 trucks in the area in terms of visual impact is outrageous, let alone to cut down the trees along the Northway. There are a variety of uses permitted in this area that would fit in with what the County is doing in this area. Mr. Mathias wanted the Board to be aware of the fact that the Town Board has declared the area of Rush Pond as a critical environmental area. A copy was submitted to the Board (see attached, Pages 12C-1 and 12C-2). The resolution talks about a contour on the U. S. Geological map. There is no question that this property comes within 500 feet of the 430 foot contour line. The significance of that is that this becomes a Type 1 action under SEQR because it is within 500 of a critical environmental area. Mr. Mathias feels it would require a full Environmental Impact Statement. Mr. Prime asked about the Rush Pond Resolution, where the "area desig- nated contour elevation 430 and all that within 500 feet thereof. II 12 - ~?D ~/ CARL KELTON, WESTMT. ROAD & ,GURNEY LANE QBY-SPR22/87 "-' The Warren County Planning Board recommended approval with the following conditions: I) That the applicant agree to the prohibition of any future use of frontage along Gurney Lane as an~cce~s point on to the parcel, due to traffic concerns. ' 2) That the applicant outline, in a tree cutting plan to the Beautification Committee, intentions for. tree removal along the property adjacent to N.Y.S. R.O.W. for the Northway. The applicant intends for high visibility along the Northway while the Planning Board felt that selective cutting might be more acceptable. The actual conditions should be discussed by the Town Planning Board and Beautific4tion Committee. COMMENTS The Board discussed the potential expansion of the parcel and was concerned with what could be located either by right or Site Plan Review on that parcel, due to its size, or in that general H.C.-15 zone, that would be in conflict with the other land uses in the general area. These are Westmount Infirmary, Warren County Municipal Center Annex, possible location of a N.Y.S. Police sub-station, residential properties along West Mt. and Gurney Lane as well as the Town of Queensbury Recreation Facility. There were no major objections to the proposed project but concer was expressed about the potential expansion of this property jacent property for uses such as those outlined on the Highway ercial-IS zone~ Auto repair shops" fas t food res taurants, diners, bars,' public garage or gasoline station, Amusement Centers, etc. or use currently saturating the land uses from Exit 20 to Route 149. fÄ.ve:' ~N £j '- /:¿ A I,~.". ..LI ',- '- " :;¡ I'? I CHARLES H. SCUDDER CONSULTING ENGINEER BOX 792 GLENS FALLS, NEW YORK 12801 (518) 793-1475 November 19, 1987 MEMORANDUM To: Supervisor Walter and'P.R. Chairman Roberts From: C. H. Scudder, P.E. Re: KELTON MOTORS, INC. (SPR 33-87) In my opinion, this project should be pulled off the P.B. agenda and returned to the applicant for serious planning and design consideration. It should go back to the county for review. This is a major, high-profile project propos,ed for a critical location with serious cultural effects: County infirmary, nursing home and municipal lands; town recreation park on Gurney Lane; state police station and visual impact on the Northway - all of these at the least. Plans and papers have evidently been made by non-professional people (i.e. non-licensed) who have not done a thorough job on a matter that requires comprehensive examination. The exhibits are sketchy, too small in scale, incomplete as to detail, and unsupported by any sort of report. . There are potential problems that have not been addressed: no traftic study ,either exterior or on site; stormwater study; basis of design for wastewater system; provisions for prevention of petroleum pollution of groundwater or surface water, to name a few. There is little on aesthetics. ' Is an expansion in the works, e.g. a truck stop and motel? A Master plan is in order. What sort of,sign is proposed (truck dealers like high-rise signs and lots of visual exposure). I think a landscape architect should be engaged on this project. Finally, Dan Kane advises that neither the County Planning Committee nor the Facilities Committee of the Board of Supervisors has seen this proposal (admittedly through a failure in communi- cations with plenty of blame to go around). These bodies had better have a look at what will profoundly affect their interests. The land is zoned HC-IS. cds, /~8 ~?þ RESOLUTION IN OPPOSITION TO PROPOSED SITE PLAN REVIEW 33-87 CARL E. KELTON SR. RESOLUTION NO. 356, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. Ronald Montesi: ' WHEREAS, the Town Board of the Town of Queensbury is aware that the Queensbury Town Planning Board will be reviewing on November 19th the Site Plan Review 33-87 of Mr. Carl E. Kelton Sr. regarding the construction of a building to be use for motor vehicle sales and service, NOW, THEREFORE BE IT RESOLVED, that the Town Board wishes to let it be known that they are in opposition to this proposal for the following reasons: 1. Concern for the traffic congestion on West Mountain Road and Gurney Lane that would arise from this proposal. 2. The location of the 138+ - acres of Gurney Lane Recreation Acrea is in closed proximity to this proposal, the board wishes to express their concern for the pedestrian traffic, bike traffic etc. going and coming'from this major recreation site. 3. The concern for the residents of the West mount Infirmary in regard to added traffic noise and fumes that would be evident from this proposal 4. The possible danger to a critical area of environmental concern, Rush Pond, which if damaged would affect the area of Glen Lake. 5. The Board wishes to make note that in the past a similar situation at this location was turned down by the Queensbury Planning Board for ecological reasons. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: NOne - /:Le , ~?? ._..,-_._-_.._,~--_._, ._-~~,_._.. '-"-'~"'-" -..-----.------ ... - '. . .... . "... .... ------- . -.---.---.-------. '..... ~ ] I, Darleen H. Dougher, Town Clerk o"f the Town of Queenøbury, Warren County, New York, do hereby certify that 1 have compared the fòregoing with the original relolution al lilted above adopted at a special meeting of the Town Board of the Town of Queenøbury held on the 19th day of November . 19 87 at which a' quorum val pre lent and thAt the tranlcript therefrom and of the whole original thereof 18me il a correct to date. IN WITNESS THEREOF, of Queen.bury, thie 1 heve hereto eet my hand and the S\~ of eaid Town 19th day of November , 19 s E A L SlG~EDI~"-.A º'-- Dar een H. Dougher' , Town Clerk . Town of Queenebury f , . ! .... ..... . . '- I J....~ r- J31 '~ Does that mean that it is 500 feet within that elevation or 500 feet within Rush Pond? Mr. Mathias: 500 feet within that elevation. I think it describes the area to be affected as lying between Rush Pond and westerly of the Northway. Mr. Mathias feels the Site Plan defin- itely comes within that line. Bob Robinson - Gurney Lane Resident I am concerned about the recreational area in the summer and children travelling on the road. The safety factor is very iaportant. Mr. Robinson said he could not see a sales/service area without gasoline or oil, along with the other hazardous lubricants. Mark Brilling - owner of residential property on the west side of West Mountain Road. Introduced letter from the Town Board (see attached, Page 13 A). Some other major concerns are the trees that they are taking down are a buffer between the Northway and our homes. The others would be fumes, logging, etc. It would only bring other siailar types of bus- inesses to this area. The Home for Children that is our neighbor was not taken into consideration. Mr. Brilling also mentioned that this application was passed by the Warren County Planning Board, but no notice was sent to the neighbors. Regarding asthetics, this exit does not have a big truck stop on it, etc., etc., it is probably the gateway to the Adirondacks. It is the entrance to the Gurney Lane recreational area and to a residential area in Queensbury that is unique in that our homes are spaced out - 3, 10, 12 acre lots - and we want to keep it that way. We owned gas station for many years. They show no facilities for handling waste oil, show gravel parking areas where oil leaks through into the environment. We have a lot of concerns. Bob Fallmann - Resident of Gurney Lane I object to this because Gurney Lane is basically residential and rural, and now all of a suddea we are taking commercial ventures and putting them into a residential area. This would not be consistent on Route 9, and it is totally out of character - traffic, pollution, gasoline. Mr. Roberts asked if there was anyone if favor of the project. No person answered affirmatively. Mrs. Robert Fallmann Commented that if the Board allows this type of venture to come into the area, then others would follow, which we do not care to have. "- 13 ?-,5 Jown 0/ Queenjbup'1 '- QVEENSBUR Y TOWN OFFICE BUILDING ~ ~ '"'''',.''^,''' .'''! November 19, 1987 BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 Re: Application - Kelton Motors, Inc. (SPR 33-87) Dear Planning Board Members: There are several problems with the aforementioned application. First, I have reviewed the information presented by Mr. Kelton's agent and find it lacking in the following aspects. 1. No detailed plans by licensed engineer and/or surveyor. 2. Survey would be necessary because of locations of public utility easements. 3. Nature of and location of project deserves landscape architect treatment. 4. Water Superintendent did not receive information requested in order to determine if major Town waterline easement is affected. The incompleteness of the application in no way deserves agenda status. Further, this type of project at this location should be rejected because of the adverse effect on the neighborhood: 1. The heavy movement of truck traffic at an intersection that all users of the Town's largest recreation area, Gurney Lane, must bypass. Many of the users would be bicycling children on West Mountain Road (location of entrance). 2. The adverse effect of truck noise, fumes on adjacent areas; namely West mount Infirmary, the County's only residence for the ailing aged. Aside from Ordinances and Regulations a project must be viewed in the context of the health, safety and general welfare - the public interest. In land1use planning the purposes usually identified with public interest are five - health, safety, convenience, economy, and amenity. Clearly in this case, the health, safety and amenity (visual appearance and compatibility) are not in the best public interest at this location. I strongly feel the demerits of the project far outweigh any merits. Therefore I would urge the Planning Board to deny the application citing all these negative project characteristics. ~Ò~ Frances J. Walter /3,'; SETTLED 1763. . . HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE ¡7)P Mr. Roberts said that, by now. the applicant should be getting the general idea of the Board's and neighbors' feelings. Mr. Bishop answered that his reason here tonight was to find out how the area felt about the project, and "we found out." There is no question. A neighbor was concerned that if this project came again before the Board, would somebody call. Mr. Roberts said he would call. Public Bearing Closed. Mr. Bishop requested that the Site Plan No. 33-87A, Carl E. Kelton, Sr. be tabled until he had an opportunity to consult with Mr. Kelton. SITE PLAII 1IG. 34-87 Carlene J. Poster Mr. Roberts stated this was· for the construction of a school for Performing Arts (Classical Ballet, Modern Dance, Jazz Dance, and Piano) on Bay road (west side), 1/4 mile north of Quaker Road, in a UR-5 zone. Mr. Charles Scudder, Engineer, represented the client. Glens Falls Ballet Center is a school for classical ballet, modern dance, jazz and piano. The school's artistic director is Carlene J. Poster. The school is presently located in the Chapman Building in Glens Falls, and prior to that time it originated at the Grange in Glens Falls. Mr. Scudder has filed with the Planning Board a statement which he made about the creden- tials of the school. The site plan is simple. The building is arranged in such a way that sometime down the road a second building could be put in, or the proposed building could be expanded. The children are brought for training and dropped off and picked up. In regards to parking, Mrs. Poster said that recitals ar~ usually held at ACC or other sites, but not at classrooms. There is parking for 24 cars (I think enough). Mr. Scudder stated that the parking is hard - necessary blacktop versus the Town ordinance. Public water Funeral Home. ease. including been planned. including border is available. The municipal sewer will stop at Singleton Access and eggress is via a driveway and is designed for a handicapped ramp aad parking. Correct illu1Ùnation has Deciduous trees and evergreens with other ground cover. of shrubs and plants. Mr. Scudder took present plans showing plan for one now. this opportunity to place an overlay on top of the a possible second building, although there is no '" the Mr. DeSantis audience are pointed not the out that the plans which Mr. Scudder showed to same which were personally presented to the 14 ):)1 Board. Mr. Scudder agreed that he did modify the parking, change the circle and move the road. Mr. Martin stated that the County Planning Board approved without comaent. Mr. Roberts said that the neighbors approved without comment. The Beautification Comaittee did not approve (see attached, Page 15A). Mr. Prime said that he has a problem equating the fact that this is a dance school versus an academic environment. Answer: It is a school for the performing arts. Mr. Prime asked if there is a curriculum. At this point Mr. DeSantis offered the definition of "school" froll the Town of Queensbury Zoning Ordinance 193. "School means an institution housing a curriculum, a plant consisting of adequate facilities, a qualified staff to carry out its objectives. Mr. Scudder introduced Mrs. Poster, Artistic Director of the center. She reviewed the history of the center. Teaches children ages 3 through adult, mostly 3 through 18. Each student in school studies at least 3 times a week, 1 1/2 hours each session. Students spend a lot of time in the studios. Graduates froll school have received scholarships to proll- inent cOlleges/universities. Students are there for a reason. Faculty has excellent credentials. School is growing and we would like to lIove. Ballet classes are accompanied by a pianist, only. People next door will not have problems. Mr. Prime asked if the students learn to read music. Answer: With the exception of the piano students, the children do not learn to read lIusic, but learn to count and have a good sense of rhythm. Mr. Prime asked about discipline. Mrs. Poster: Said the students are very disciplined. She related to the TV show PAKE. In answer to Mr. Prime, the school is a profit organization; however, the Glens Falls Dance Company is non-profit. Mr. Scudder asked about evolution of students. Answer: Everyone in school, with the exception of youngest, some take 6 classes a week, do homework there, they dance, dance and dance I SOlie of the more gifted students have performed at SPAG, received scholarships at Skidmore, full scholarships for dance. Mr. Scudder asked if a student could learn equivalent dance at public schools. Answer: No. In answer to several questions, Mrs. Poster offered the fOllowing. There are approximately 100 students at school; hours are usually 4 p.lI. to 9 p.m. Not in operation in regular sense on Friday, Saturday or Sunday. There are two instructors and one pianist. Out of 100 students there are 80 that study three times/week; and maybe another 25 that study six times/week. This are 1 1/2 hours/class. They also do homework there. There are 10 to 12 students/classroom. The maximum is 15. Two classes going on at the same time. With an expanded facility, the goal would be to have 150 students, everyone studying three times/week, each class being 1 1/2 hours. My feeling would be that this is not going to be a "factory." '- 15 Jown o/Qùl¿~r¿jbup~ Ql)EENSBUR Y TOWN OFFICE BUILDING ~ ~ BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801, TELEPHONE: (518) 792-5832 11/2/87 Queensbury Town Planning Board Warren County Planning Board From: Robert L. Eddy,~;chairman, Queensbury 'Committee for Community Beautification Re: Site plan #34-87 Carlene Posten . Bay Road above Singleton Funeral Home The Queensbury Committee for ~Community Beautification is not holding a meeting in November as there are only two applications we would ,normally review. We do not see how the Planning Board approving this application in view of the denying a variance application for a similar short distance up Bay Road. can justify Zoning Board enterprise a Furthermore, our Committee deplores clearing the land prior to approval of the application (assuming this land is next above the funeral home). In addition, the music that might be heard from a dance studio possibly would not be appropriate for the operation of a funeral home. Should this application be approved please refer the applicant to our Committee for presentation of planting plans at our December meeting which will be held in the lower level conference room of the Town Office Building. '- ~~rl~-' ~ p.t~~cl t {~ /5"/ì SEïTLEDI763. . . HOME OF NATURAl. BEAUTY. . . A GOOD PLACE TO LIVE ?-39 Students are from all different school systems: North Warren, Lake George, Glens Palls, Queensbury, South Glens Palls, Saratoga. Parents drop the children off and have 1 1/2 hours of "free" time. Mr. Scudder offered that that has a bearing on the parking. 24 spaces is ample. In downtown Glens Palls there are zero parking spaces. Mr. Scudder requested that Mr. Martin read letters for the record, which speak positively for the school: Singleton Puneral Home and Garfield P. Rayaond (see attached, Pages 16A and 16B). Mr. Prime asked if there would be problems conforming to suggestions from the Board's engineer. Answer: No. Mr. location. Roberts asked the Board about the Consensus that there was no problem. use at this particular Mr. Scudder brought up the problem of parking. He feels that he would like to have less than the proposed 24 spaces. Mr. Macri asked about how many students drive themselves. Answer: 1. There would be no problem of traffic. Classes are 15 minutes apart, there are many carpools because the students travel long distances frequently and there is not a demon- strated need for the spaces. Mr. Roberts said that some of the parking can be eliminated, BUT the land must be left available to increase it to the town standard. Public Hearing Opened: no comment Public Hearing Closed Mr. Roberts Requirement for design. said future that Site Plan 34-87, Carlene J. Poster is TABLED. consideration is submission of the most recent SIn PLØ NO. 34-87 Alfonso P. Cattone Mr. Roberts stated that this is to have a Real Estate office in a residential home at 11 Pheasant Walk, in a SR-20 zone. Mr. Roberts said that a petition was submitted in opposition to this Site Plan. Mr. Cattone stated that the reason he entered the petition is to make his position legal with the State Department. He emphasized that he is going to be working entirely alone. He said the extent that his business would affect the neighborhood would be a small sign outside his home stating "A. Cattone, Real Estate Broker." -- Mr. Cattone said work with packaging as far as working with clients, he would basically land and work with builders. By working with 16 )1-\0 ~ ~ ~?Úonl ßnC. :#~~ ~ Øl..-t' ~ku Tcdá, .A: ~. ;'UtH ~~~.d2) /ìJ? I ¡~ . -~~ 10 ~l~~\;\. '-J: ~ ~\A'. ~ &~~~.¿¡~ P~~~'f~·~(i ~~~i~.~~~. ~~~~ T~ ~ ~~~~ &Jl~ ~~\J~ ~~~~ V ~~ ¡1\~11- Jh. ~~ I}jk~J ~ 5/~ &-~ .~ ~~ . ..1L~ ~. · J[\, I1Jt~L . p~~, gJkn_ ?OI-.#4.FO ~~ ;44.1 -- J'IJ d-~ I GARFIELD P. RAYMOND ATIORNBY AT LAW 320 BAY ROAD GLENS FALLS, NEW YO~K 12801 (518) 792-0344 October 27, 1987 Dr. Gary Poster 11 Pine Street Glens Falls, New York RE: Bay Road Project Dear Gary: As per our previous conversations, please accept this letter as a formal recognition on my part that I am in agreement with· your proposed project. As you and I have discussed at length, I believe that your project will enhance the value· of the properties that surround it and will be a definite improvement to the development of the Bay Road area. 12801 As I have indicated to you before, I have been authorized by my neighbors in the past to represent them in certain matters pertaining to variance applications and zoning changes as it relates to property adjacent to mine. Although I have not contacted my neighbors to speak on their behalf in this matter, I believe that they would not oppose your project as they have indicated in the past that they would be agreeable to any changes that I felt would be in their best interest. Further, there were certain restrictions and covenants on my property that would not allow any commercial endeavors. As it was my desire to have this clause removed, my neighbors entered into an agreement removing this restriction from my deed which now allows me to utilize my property in a commercial fashion if proper zoning requirements are met. This would indicate that they are in agreement that the property in this area will eventually be utilized as commercial property as is evident by the commercial zones adjacent to your property line. I wish you luck in your endeavor. If I may be of further service to you, please do not hesitate to contact me. '-. GPR/slj 1ft )~~ builders, 99% of the time he would not be bringing them into my office, but would be going to their office. He purchased the Queensbury Tax Maps, in order to do a mailing on the vacant land, and the reason being for the purpose of working mostly with the builders. It is true I would work with resale of homes, but it also would be my working alone, working with a resale house and working with the clients on the outside. Mr. Cattone offered the comment that it would not be truly a real estate office, because he would be working by himself. And, if he had not put the petition in, no one would have noticed it. Mr. Cattone, in answer to a cOlIII.ent resarding employees, would guarantee that there would be no employees. There are no covenants in the deed. Mr. Martin set an example: If Mr. Cattone were to withdraw his application and put his name outside his door, what would the role be of the Planning Board? An answer was that it would be an enforcement issue, not that of the Planning Board. Mrs. Mann raised the subject of parking. Mr. Cattone guaranteed that there would be no excessive traffic- he has sufficient parking for ten cars in his driveway. As of to this day, he has not had clients to his house. Mr. Cattone has only been here for one month. Mrs. Mann gave the opinion that the development is new and having a realty business within the complex is poor advertising for potential people who might want to move into the neighborhood. Mr. Dybas explained that those persons who have lived here for a period of time do not want the neighborhoods filled with "little signs", one after the other on a street. He asked, "where does it stop?" Mrs. Mann said that people move into a single family neighborhood, particularly because they want a new home, winding streets, safe place for children, they don't want strangers walking into the neighborhood. It sets a precedent for people to follow. If this neighborhood was watered down, there would be no objections. This neighborhood is trying to get established. Mr. Cattone said the petition was brought by my neighbors without knowing that I would be working alone, and it would not affect the neighborhood at all. Mrs. Mann countermanded that it makes no difference. Public Hearing Opened: Charlotte Dubois: Peggy Ann Road Mrs. Dubois the zoning. the area. place. stated that the main factor is that this is a violation of She felt the zoning is one of the factors in moving to We came from an area where this particular situation took Mr. Roberts corrected Mrs. Dubois that what Mr. Cat tone is asking for is not a violation of the zoning. Mr. Macri said that one cannot have a sign, but a home occupation is allowed. Mr. DeSantis said that this -- 17 Jt3 is permitted, as long as he (Cattone) goes through this process, and may not be as undesireable as Ms. Dubois feels it is. Sandra Whalen: Peggy Ann Road Ms. Whalen asked how long Mr. Cattone had been a broker. Answer: Since 1964. Ms. Whalen: And have you always worked on your own? Answer: No. Ms. Whalen stated that she has been in real estate, worked on her own and out of her own home. She pointed out that original intentions of working alone do not work out. If Mr. Cattone wanted to get off the ground, his time would have to be increased, there would have to be a staff increase, and people would have to go to your home because they would need assistance to the site in question. Joan Demasic: Peggy Ann Road Ms. Demasic spoke in regard to a covenant in the deed. Mr. Roberts reminded Ms. Demasic that there is no covenant in the deed regarding the area in question. Ms. Demasic also spoke against the application, especially in the increase in traffic and the setting of a precedent. Mr. Cattone again reiterated that the increase in traffic would be nil and that he would not be sitting in the office - that is not where the money is made. Mr. Roberts suggested that Mr. Martin review the Site Plan Review Check list. Mr. Martin explained to the public the purpose and contents of the Site Plan Review. Mr. DeSantis had a problem with Traffic Access, in that Mr. Cattone could invite a group of people to his home, prior to inspecting a site. Mr. Martin felt a problem lies in the adequacy of parking. Section NOTES OP OTHER AREAS OP CONCERN had the following comments: · impact of character of neighborhood; · newly developed, residential area · possibility of setting a precedent. Mrs. Levandowski mentioned that the Board previously granted approval for the same type of situation, and a week later an ad appeared in the paper for additional sales people. Mr. Cattone offered the information that he had, at one time, operated a Century 21 office, which was in the top 10~ in the United States. He does not want to do that anymore, he wants to work alone and just make a living. Mr. DeSantis felt that there other areas that are better suited for this type of venture. It is an intrusion into the neighborhood. He also referred to the Zoning Ordinance, Section 5.070, Page 24. - 18 ~~~ Mr. Roberts said that, if the house were on the fringe of a residen- tial neighborhood, there would most likely not be a problem. Mrs. Mann mentioned that the Board had previously disapproved a Site Plan Review for a realty office, even though the office was on a major thoroughfare. The reason for the disapproval was because the home is in an old, residential neighborhood that has no breakdown whatsoever of the character. Public Bearing Closed. Mr. Martin MOVED DISAPPROVAL of Site Cat tone, based on potential detrimental residential neighborhood. Plan impact No. of 35-87, Alfonso F. a newly-developed Seconded by Mrs. Mann. Passed 'naai_ously SID PLAB NO. 36-87 United Cerebral Palsy Assoc. of the Tri-Counties Mr. Roberts read that this is for the construction of an addition of approximately 65 ft. by 45 ft. onto the north end of the existing building (Educational Facility for the handicapped), at the Northeast corner of Aviation Road, Mountain View Lane, in a SFR-20 zone. Paul Cushing, Architect from Cushing, Dybas Associates, represented the client. Mr. Cushing explained about the new building in relation to the original building. The addition on Mountain View Lane will consist of two classrooms, one toilet room, extension of a nursing quarter, and an observation room. This is a continuation of their existing on-going program serving the general area for the developmentally disabled children. The only problem was regarding the original setback of 25'-0 in 1978; however, a variance was approved recently to allow the construction in line with the present bUilding. Provided is a new sewage disposal field serving two classrooms, and the field was made large enough to handle an on-going additional four classrooms for the future. Mr. Charles Scudder, Engineer, approved without comment. Warren County Planning Board approved without comment. Public Bearing Opened: no comment Public Bearing Closed. The checklist was waived. ~ 19 aY5 Mr. Martin MOVED APPROVAL for Site Plan No. 36-87 United Cerebral Palsy Association of the Tri-Counties for the construction of the addition of approximately 45 x 65 feet onto the north end of the existing building. Seconded by Mrs. Levandowski. Votes: Yes: 6 (Levandowski, Dybas, Mann, Roberts, Martin, DeSantis) Abstain: 1 (Macri) ... SIn PUll RO. 37-87 Adirondack Pac tory Outlet Mall Mr. Roberts read that this was for the Route 9 construction of an additional building of approximately 35,000 square feet in a HC-IS zone. David Kenney, OWner of the Hi-Way Host Motel and the subject plan, gave an explanation of the project. The proposed bUilding will be a rear addition to the present building, and there will be three road cuts along the property line. There will be sidewalks and there will be parking in the back - parking will be more than ade<¡uate. Mrs. Levandowski asked 1£ it is going to be one parcel. Answer: Yes - there will be a main hallway from front to back. Mr. Martin stated that the Warren County Planning Board approved the project, with conditions. (See attached, Page 20A) Charles Scudder, Engineer, discussed the driveway, putting the roadway in back and on-site absorption. Both he and Mr. Kenney agreed that the soil on his (Kenney's) property absorbs the moisture well, but the soil on the west side of Route 9 is very different. The County stipulation regarding the legal right of way was discussed. Mr. Kenney said that there will be open vehicular ways in front and back of the properties. Mr. McCormack stated that he felt a road in the back would be more satisfactory for the vehicular traffic. This was agreed by the Board. Mr. Scudder has looked at the situation with several professionals and agrees where the road should go. A storm water runoff study has been prepared and it looks satisfactory. There will be on-site absorption, soil placement was discussed. There are no further comaents. '- A statement was made that on the east side of Route 9, the water table is 30-35 feet straight down, gravel. It is very free-draining. Great Escape is the same - it is glacial gravel. On the other side of Route 9, the soil was checked and it is 5% to 8% clay content, but it is compact- ible, which is surprising. Mr. Kenney is using soil from the construction 20 WARREN COUNTY ;¿~b -- PLANNING BOARD Warren County Municipal Center, Lake George, New York 12845 Telephone 518·761·6410 DATE: November 12, 1987 RE: Queensbury 37 -\s'7 SPR27 /87 ~ TO: Planning & Zoning Department Queensbury Town Office Bldg. Bay & Haviland Roads Glens Falls, N.Y. 12801 Adirondack Factory Outlet Stores Route 9 Gentlemen/Ladies: At a meeting of the Warren County Planning Board. held on the 12th. day of November . the above application for a site plan review for the construction of an addition of approximately 25,000 sq.ft. to the rear of the existing factory outlet store. was reviewed, and the following action was taken. Recommendation to: ( ) Approve ( ) Disapproval <)() Modify with Conditions ( ) Return Comment: s ¿ 6 /T /-//ÎCH£ iJ -------------------------------------------------------------------------- ) ~~~ 2. ) fl" \~~ .~ \\\ 3. ) '-' It is the policy of the Warren County Planning Board to follow the procedures of the New York State General Municipal Law, Section 239-M, with regard to Municipal Zoning actions that are referred to and reported thereon. The following are procedural requirements that must be adhered to: 1.) The Warren County Planning Board shall report its recommendations to the referring municipal agency. acco~panied by a full statement for such actions. If no action is taken within thirty (30) days or agreed upon time. the municipal agency may act without such report. If the recommendation is for disapproval of the proposal, or modification thereof. the municipal agency shall not act contrary to such action except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary actions. Within seven (7) days after the final action by the municipal agency having jurisdiction on the recommendations. modifications or disapproval of a referred matter. such municipality agency shall file a report with the Warren County Planning Board on the necessary form. o~~ ~ 4"kMJ Wylla e Bitner, Chairman oJofJ- "John McGilvray. Vice Chairman '- ~ ~~1 ADIRONDACK FACTORY OUTLET STORES QBY-SPR27/87 The Warren County Planning Borad recommended approval with the following conditions: 1) That the applicant stated that there would be no further expansion on the property; 2) That the stormwater management plan be approved by the Town's Engineer; 3) That the curb cuts discussed be eliminated; 4) No additional signs be requested; 5) That the proposed sidewalk along the R.O.W. be extended to the property immediately adjacent and that vehicular accessibility be provided to those properties as close to the front of the property line as physically practical and approval by the Town's Engineer; 6) Prepare the proper engineering drawings and legal description necessary to provide for the construction and placement of the proposed sidewalk and vehicular access points as well as the required filing procedures for a legally enforceable R.O.W. (as part of parcels deed). Additional material that is required by the Town's Engineer. .;lð/3 ~~~ area on the west side of Route 9, so next Spring will tell whether or not this clay will move in Mr. Kenney's parking lot. This is the nature of the soil and not the cause of the Northway. Mr. Martin reviewed the Site Plan Review Checklist. Mr. Roberts questioned whether the State would stop Mr. Kenney in regards to closing some of the road cuts. Mr. Kenney did not think that this could happen. Mr. DeSantis MOVED APPROVAL of Site Plan No. 37-87, Adirondack Factory Outlet Mall, for the addition of approximately 35,000 square feet, based satisfactory review of the Engineer. Seconded by Mr. Macri. Passed .UBilloU8ly Minutes prepared by Mary Jane F. Moeller, Stenographer The Meeting was adjourned at 12:30 a.m. w2J.ø-~ Richard Roberts, Chairman -- 21