1988-02-16
QUEDSBUl.Y Ton PLADIBG lOAD
Regular Meeting Held: Tuesday February 16, 1988 at 7:30 p.m.
Present: Richard Roberts, Chairman
Frank DeSantis, Acting Secretary
Joseph Dybas Susan Levandowski
R. Case Prime, Counsel
Mary Jane F. Moeller, Stenographer
Absent: Hilda Mann
Victor Macri
Chairman Roberts called the meeting to order at 7:40 p.m.
Correction to January 19, 1988 minutes: Page 9 signature line should
read Richard Roberts, Chairman, not Theodore Roberts. Minutes from the
following meetings stand as written: November 19 and December 2, 1987 and
January 19, 1988 (with the above correction).
Mr. Roberts announced that the following Site Plans were withdrawn by
the request of the applicants: 33-87(A) Carl E. Kelton, Sr.; and 40-87
United Auto Service Corp..
In regard to Site Plan 2-88, Anthony LoCascio, Mr. Roberts said that
the item had been withdrawn on the advise of Counsel. The plan was for
two lots of a five-lot subdivision. Under the subdivision, three lots
were allowed for duplexes and two lots were approved as single family
homes, under negotiated agreement with the developer and a neighbor. Wood-
bury's, who had the subdivision, sold the two lots off with the understand-
ing to the new owners as to what had transpired before, and he was coming
in with just those two lots as a Site Plan. The Board took a dim view of
that kind of a change of a formalized filed subdivision. Counsel agreed
with the Board, in that that was not the way to operate. Therefore, the
applicant was asked to withdraw. In view of the change, all parties
agreed on a withdrawal.
OLD B1JSIIlESS
SITE PLAN NO. 1-88
John M. Hughes
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Mr. Roberts stated that this is for the construction of a physical
therapy facility, UR-5, on the west side of Bay Road, north of Walker
Lane, and part of a subdivision of lots that were originally going to be
for duplexes and some professional offices. At the time, Mr. Hughes came
in for one of the lots under proposed subdivision as a site plan review
for a medical-related facility, which is permitted in the UR zone. How-
ever, there was a logistic problem as to how to review this request as a
site plan. After working with the developer, it was decided that the
building would not be sold to the doctor who plans on operating the facil-
ity, and that Mr. Hughes would lease the property to the doctor. The
reason for this is because Mr. Hughes has about 65 feet of access to Bay
Road, which allows him to get a building permit since he would front on a
town highway. Instead of coming in with the original subdivision map, the
Board requested Mr. Hughes to present a blown-up map of the individual
lot. It was felt that this could be reviewed as a site plan on this par-
ticular lot, which eventually would be one of a larger subdivision.
Mr. John Hughes, who represented his project, confirmed that he would
initially lease the building to the doctor until such time as the subdivi-
sion is approved and the town accepts the highway within the project. Mr.
DeSantis asked about the parking requirements in regards to total size of
the building, which is 2,464 square feet. There are ten spots allocated
and, according to the ordinance, there should be 20 spots. Mr. Dybas
asked the number of staff in the bUilding. Answer: Three people. Mr.
Roberts pointed out that the Board does have the authority to reduce the
number of parking spaces than what is stated in the Zoning Ordinance, as
long as the developer allows adequate area to comply with the stated
number of parking spaces.
Mr. Hughes said that the 1easee would not be in attendance at this
meeting. Therefore, Mr. DeSantis requested that information regarding
number of employees, how much of the actual building will be devoted to
use (storage, personal offices, physical therapy area, etc.), in addition
to the number of sufficient parking spaces be submitted. Also to be
included would be information regarding as to how much of the building
would be used in reality as public access to the office. Mr. Dybas
pointed out that asphalting more parking spaces than is necessary at the
present time is a waste of valuable land.
Mr. DeSantis asked Mr. Hughes if he was planning to proceed with the
subdivision approval. Answer: Yes. Mr. DeSantis then clarified that, if
site plan approval would be received at this meeting, it would be his
opinion that everything would be satisfactory as long as Mr. Hughes owns
the property because the road going out to Bay Road is private and can be
maintained by the developer. However, if Mr. Hughes were to attempt to
sell the parcel before receiving the subdivision approval from the Plan-
ning Board, it would be considered an illegal subdivision at that point
and time. If subdivision approval is received for the total plan, then
the property could be sold. Mr. DeSantis did not want to mislead the
developer by giving site plan approval for this parcel, so that developer
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could then go ahead and change title to this particular parcel. Mr.
DeSantis emphasized strongly that he did not want anyone to feel that a
precedent was being set, nor does he want anyone to be misled regarding
this type of site plan review. Mr. Hughes agreed that he understood this.
Check List review. Section B. Traffic Access was discussed. Lots 2,
3 and 10 would essentially use the private road, at present, with no cuts
on Bay Road. Interior directional signs were suggested, perhaps at the
corner of Lot 9, to alleviate confusion. Section C 4. was noted that
enough land is to be set aside for future construction to conform to the
Zoning Ordinance. Once the doctor commits to the number of necessary
spaces, then the map will be adjusted to show these spaces. Mrs. Levandow-
ski brought up the subject of allocated areas for handicapped persons.
Mr. Roberts felt that the best areas would be the two spaces closest to
the doors. Mr. Hughes said there would be no more than six patients at
any &iven time. In response to Mr. Prime's request, it was agreed that
eleven spaces would be paved, including two for handicapped persons, and
the balance to be set aside for future use. The final plat will show
these particular areas.
E. Stormwater and Drainage Controls: Mr. Roberts felt that it was
addressed on the original plan, as the storm water easement goes out to
Bay Road. Mr. Prime mentioned that this is one of several lots that will
be constructed, and that it should be approved by the Town Engineer and
made part of the record.
Mr. DeSantis read that the Warren County Planning Board approved this
Site Plan, with modified conditions that only licensed physical therapy be
allowed (Page 3A). Mr. DeSantis clarified this approval that, if this
particular tenant moves out, a different type of use cannot replace the
existing therapy facility.
Public Bearl.1 Opened:
Mr. Barry Jones representing Ormando Leombruno of Bay Road, who owns
property on the north of the development. Mr. Leombruno's property, which
consists of 33 apartments, is residential in character. Mr. Jones' con-
cern is twofold: l) protection of current residential character of the
north with adequate buffering and 2) impact of traffic and parking. He
pointed out that presently there is overparking at D~. Brassel's office,
and eventually this could be extended. It may not be adequate to look at
this in the context of this particular lot but, certainly if this contin-
ues on expanding into the development, some protection to the residential
character of the north and south should be considered and built into the
future development.
Mr. Leombruno, owner of the northern property, spoke about the buffer
zone regarding the commercially developed area. He said that his bottom
line concern now is that it is basically a "tree" area now, and he would
like to have the trees remain for 50 feet or whatever the buffer law re
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WARREN COUNTY
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PLANNING BOARD
Warren County Municipal Center
Lake George, New York 12845
TclepllOIlC 518·761-6410
DATE:
January 13, 1988
RE: SPRI-88
TO: Queensbury Planning &
Zoning Office
Town Office Bldg.
Bay & Haviland Roads
Queensbury, NY 12801
Gentlemen/Ladies:
At a meeting of the Warren County Planning Board, held on the 13th.
John M. Hughes
W. side of Bay Rd., N. of Walker Ln.
day of January 1988 ,the above application for a site plan review to
locate a Physical Therapy Facility on a 17,731 sq. ft. lot in a 32'x70'
building.
was reviewed, and the following action was taken. Recommendation to:
) Approve
) Disapproval <^) Modify with Conditions
Re t urn
Comment:
CONiJ,fIQr.¡ T/-I/J-f ONLJ L/CßN::''¿O ?H':J~/(ti( IH~f2f1f.J <:'15£ l}¿
/JLLc;'w,: 0.
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(t is the policy of the Warren County Planning Board to follow t!lt!
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 recommenda t ions
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.
2.) If the recommendation is for disapproval of the proposal, or
modification thereof, the municipal agency shall nor act contrary
to such action except by a vote of a majority plus one of àll the
members thereof and after the adoption of a resolution fully
setting forth the reasons for such contrary actions.
3.) Within seven (7) days after the' final action by the municipal
agency ~g jurisdiction on the recommendations, modifications
or disapproval of a referred matter, such municipality agency
shall file a report with the Warren County Plan ng Board on
the nece,sary form. OR__~~,LìAAr
Vine,-nt Spi,"er, Vice Chairman ~
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quires.
concerned.
This would help greatly as far as visual and noise barriers are
There should be ample off-street parking.
Mr. Roberts said that other people have expressed interest in lots in
this subdivision. He explained to Mr. Leombruno that he was "jumping
ahead" because of interest in the northern boundry, because it is not the
topic at this meeting. However, once the total subdivision is taken into
consideration, certainly buffering would be considered. Mr. Hughes said
that his plans were that the pines were to be left in the area. Mr.
Roberts told Mr. Leombruno that the Board will keep the request in mind
that the trees were not to be taken down and used for lawns, septic areas,
etc. Mr. Leombruno said he has no objections to the project and wanted to
voice his concerns.
Public Bearing Closed.
Mr. Dybas moved APPROVAL of Site Plan No. 1-88, John M. Hughes, subject to
the Chairman's receipt of the Town Engineer's approval of the proposed
storm water drainage and sewers, as well as final site plan showing ade-
quate off-street parking. This approval is further conditioned that Lot
10 of the Site Plan and the access road to Bay Road to be continued to be
owned by John M. Hughes.
Seconded by Mrs. Levandowski.
NEW BUSIBBSS
SITE PLAN NO. 3-88
Pharmacy Associates of Glens Falls, Inc.
Mr. Roberts stated that this was for construction of an unheated
storage building, 24 feet x 40 feet, PC-lA, located on Quaker Road,
between Upper Glen Street and Lafayette Street.
Mr. Steven Adler represented the project. Mr. DeSantis requested
confirmation that this was an addition to the building, with no public
facilities. Mrs. Levandowsi asked if this would take place of any other
storage. Answer: No. It will increase what is presently there. Right now
storage facilities are being rented, and stock boys are running more than
is being stocked. Mr. DeSantis asked about public access. Answer: There
will be no public access. No retail space.
Check List was reviewed and showed no concerns. Beautification Com-
mittee and Warren County Planning Board submitted approvals.
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Mr. Prime asked if there could be storage without temperature control.
Answer: Yes, the building will be used mainly for hard durable goods and
equipment. No drugs.
Public Bearing Opened. No co_e.t.
Public Bearing C1oaed.
Mrs. Levandowski moved APPROVAL for Site Plan No. 3-88, Pharmacy Asso-
ciates of Glens Falls, Inc., since it was approved without condition by
the Warren County Planning Board and Beautification Committee.
Seconded by Mr. Dybas.
SITE PLAN NO. 4-88
Charles Diehl
Mr. Roberts read that this was for construction of two duplex build-
ings for single families, UR-10, located on Luzerne road, 850 feet x 900
feet, west of Town/City line at Western Avenue. Mr. Roberts prefaced the
discussion by explaining why it is a preliminary site plan. The reason
being because the site plan does not have final engineering work done on
it. Mr. Leaver of the LA Group in Saratoga asked if it could be done in
this fashion, and it was agreed because it might save the builder some
expense. It is being looked at conceptually as to whether or not duplexes
are appropriate in this area. This will be reviewed again with final
engineering.
Mr. DeSantis
understand why
objects to that
before they go
this route.
expressed his concern about the fact that he did not
this was before the Board. He wanted to know if the Board
kind of use on this parcel? Mr. Leaver stated that,
ahead with a survey, perk test, etc. it was decided to go
Public Bearing Opened:
A neighbor said that she owns the property across the road and was
interested in the details. Mr. DeSantis explained that the Board is try-
ing to get a feel for the neighborhood. The proposal is to put in two
buildings, each with two dwelling units for a total of four, for rent
purpose. Owners will not live in either of the buildings. Mr. Charles
Diehl, submission owner, said that was correct. The lot is under contract
at this time with contingency that, if an approval is given, the two
buildings would be constructed. If an approval is denied, then he would
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let the property go
intention here is to
industrial sites, and
in-fill some of the
Zoning Board allows.
preliminary basis.
by and would construct the property himself. His
build in an area where there are some commercial and
to upgrade the area with the new buildings and also
lots sold in the area for residential living as the
That is the reason this is being submitted on a
Mr. Roberts explained that there really is no such thing as a pre-
liminary site plan, other than coming in for a census.
Mr. DeSantis asked the neighbor if there are other duplexes in the
neighborhood, or mostly stores. Answer: The property she owns is a
flower shop and that she lives on Richardson Street. There is quite a
mixture with houses, property, etc. There was no objection. Mr. Diehl
confirmed that the bUildings were 25 feet apart.
The Fire Chief explained that there are two types of water available
in that particular area, town and city. If the buildings are construct-
ed, the fire company suggests that Town of Queensbury water be used even
though the fire company is on city water. The Fire Chief also said that
there is no objection to this construction (letter on file). Mr. Prime
brought up the subject of water districts. Mr. Skellie explained that the
fire company is on city water, but pays the Town of Queensbury. Mr.
Leaver said he spoke to Tom Flaherty, who said there would be no problem
of hooking up the water on the north side of Luzerne Road.
Mr. Roberts and some of the neighbors did not feel that the construc-
tion would be detrimental to the neighborhood and felt that Mr. Diehl can
go ahead with their plans.
Apart from the above project, Mr. Leaver asked to express his feelings
regarding matters where developers are looking for opinions. Isn't there
any way where the Town can accommodate this type of thing, similar to
tonight? Mr. Roberts explained that the Town is leaning away from it.
His feeling is that more and more completed material will be required up
front, and it will be better screened by the department heads, before
being presented to the Planning Board. Mr. DeSantis said that what has
happened so many times is that, when the Board makes commitments they are
binding. Representations are made here. Mr. Leaver said he could under-
stand a large scale development, five lots or more. However, when you
come to a project such as this in an existing urban neighborhood, where we
would like to conform to the UR-10 requirements, and the applicants have
to come for a site plan review. Mr. DeSantis explained that that request
is new - within the last year or or so - and the reason was because too
many people were getting duplex approvals. This, in turn, caused disrup-
tions with neighbors. What had happened over ten years was that the areas
became single family residential neighborhoods. Mr. Roberts did say that
maybe they could work with Lee York, the Town Planner, her assistants and
other department heads and get better answers from the professional staff,
than have been received in the past.
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Mr. DeSantis moved to TABLE
mission of Site Plan details.
by the developer within three
considered withdrawn.
Site Plan 4-88, Charles Diehl, pending sub-
This project is to be placed on the agenda
months of this date, or the project will be
Seconded by Mr. Dybas.
The meeting was adjourned at 8:55 p.m.
£~PÆ&~~
Ri hard Roberts, Chairman
Minutes were typed by Mary Jane F. Moeller, Stenographer.
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