1988-06-23 SP
QUBERSBURY ftMR PLAIIRIRG BOARD
Special Informational Meeting
Thursday, June 23, 1988 at 7:00 p.m.
DIXON HEIGH'fS, PHASB III, PRBLIMIIIARY APPROVAL
Present: Richard Roberts, Chairman
Joseph Dybas
Peter Cartier
Frank Desantis
Hilde Mann, Secretary
Susan Levandowski
Victor Macri
paul Dusek, Counsel Lee York, Sr. Planner
David Hatin, Building/Codes Daniel Ling, Ass't. Planner
Mary Jane F. Moeller, Stenographer
SUBDIVISIOH BUKBBR 1-87: PRELIMINARY APPROVAL
Dixon Heights, Phase III
The application is for 58 townhouse units situated on the north-
easterly side of Dixon Road, north of Halfway Brook, URIO.
Mr. Roberts explained that the reason for this meeting is to clarify
questions raised at the June 21, 1988 planning Board Meeting. The problem
stemmed from the fact that there were changes from the original concept of
Phase III going out to the new Dixon Road, and Phase II tying into that
road along old Dixon Road. presently Phase II is tied directly into new
Dixon Road, old Dixon Road is gone. The Board requested to know what
happened, why it happened, by whom the authority was given and concep-
tually what the Board can do about it.
Mr. Paul Naylor: Town of Queensbury Highway Superintendent
Mr. Naylor stated that Mr. Valentine from the Michael's Group asked
about cutting out the Dixon Road for the second road. Mr. Naylor said he
would have a meeting with Mr. Valentine and Ron Montesi (on the Highway
Committee) and the subject would be discussed. Originally two exists for
the development on Dixon Road were approved by the Planning Board and Mr.
Naylor. There were problems with the development from -day one.- At the
first road in, engineers and surveyors dug test holes to make sure every-
thing was all right, then the water line was too high and it had to be
changed, that was a field decision made by Mr. Naylor and the engineer.
The system would be redesigned to keep the cover on the water line or move
it over, a 24- line going across the Northway, the elevation line was
incorrect. The Town Highway Dept. also incurred problems with the water-
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line, in regards to the design of the road, if the Town had cut the road
where planned, it would have uncovered the water line.
In a meeting with Messrs. Valentine, Naylor and Montesi and in a reso-
lution by Mr. Naylor, Mr. Valentine was informed by Mr. Montesi that the
road which Mr. Valentine requested would be the second road. This took
place over one year ago. Mr. Naylor felt that everybody involved under-
stood. Probably the biggest mistake, from the Town Highway to Mr. Montesi
to the Town Board, was that the Planning Board should have been advised as
to what was transpiring.
Mr. Macri asked about what the intent was, since the existing Dixon
Road had been utilized. Answer. The original plan was to make a right
turn, go up and make a left turn, approach one lane onto Dixon Rod. The
other, Phase III, would do the same thing. With Dixon Road 30 feet wide
(it was scheduled to be 20 feet wide), there would be room for bicyclers,
joggers, pedestrians, etc. When things were almost done, there was not
enough room from the edge of Dixon Road to the edge of the right-of-way
where the new road started to make the right hand turn, the headlights
would be hitting on the traffic side as the cars turn. A berm was con-
sidered, however, this would be a hazard for the public on Dixon Road.
There was a big rush to get Phase II.
Mr. Ronald Montesi. Town Council 2nd Ward, Town Highway Committee
Mr. Montesi explained that the meeting he and Mr. Naylor had, that
prompted the change of cut, was when Mr. Valentine called and said the
developers would like the Highway Dept. to consider moving the entrance/-
exit to the middle, where it is presently. There was a morning meeting
where Mr. Naylor expressed his concern (taking into consideration the
width of the new road) that probably a left hand turn would not be
allowed, if old Dixon Road were to be used. There was a consensus to move
the entrance/exit to the center, this would be the second cut. Mr.
Valentine understood that and he felt it would serve him better.
Mr. Montesi accepts the total responsibility and felt that there is a
procedure which should be followed. If the planning Board makes a deci-
sion on an entrance/exit and a field change has to be made (Phase I), does
that mean another appearance before the Planning Board? That procedure is
not locked in and should be. Mrs. Mann felt there should be no appearance
if the change is for a water pipe sticking up, but if it has to do with 60
homes (Phase III) being locked in, then there should be an appearance.
Mr. Montesi emphasized to the developers that, since the Planning Board
granted two entrances and the Highway Dept. agreed on two entrances, there
would be no more cuts when the second road was put in. A great deal of
money was spent in making Dixon Road wider, more straight and hopefully
more safe.
Mr.
that was
Macri felt there had to be an alternative solution to the road
being moved, Mr. Montesi did not know the answer. He said
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that, when he went back to talk to Mr. Valentine, they did not own it any-
more, Mr. Macri said he did not own it in the beginning. This raised
questions of ownership. Mr. Valentine, as representative of the Michael's
group, was in the field making decisions, and told Mr. Montesi tha~ they
were buying it from either Ferrone or some other company. Mr. Macri asked
if he was sure of this. Answer: Naylor: He said he was. Speaker unknown:
No I didn't. Naylor: He has been working in there since the job was
started. Mr. Roberts said that could have been one of the Planning
Board's mistakes, turning over the property so no one ......
Mr. Montesi stated he is quite frustrated, because he feels he is not
dealing with a quality-type operation. Frank Walters may be presenting
something about a driveway cut, but he is also in with the same developer
who, about six months ago, was angry that the SPDES permit was changed,
which prompted a new septic system and other items. Mr. Montesi thought
there were too many ·fuzzy things· going on. Mr. Macri felt that this
situation is a prime example of what happens when a developer comes in,
presents a plan, purports himself as a developer, and then starts turning
over the land. This is done only by passing deeds through the County
Clerk's Office. If the developer had taken it upon himself to notify the
Town that he was/was not representative, then the Town would have been
dealing with the right people. Mr. Montesi reiterated that he fully
accepts the responsibility and he hoped that Lee York and the Planning
Board can come to an agreement that, when a change is made in a driveway
or something to do with the road, it automatically has to come back to the
Planning Board. The Planning Board has to accept the responsibility that
the developer will be delayed at least a month. Mr. Macri felt it was
obvious that the developer did not care about what happened down the road,
he was only interested in getting the property moving and making it pre-
sentable, so he could start selling. Mr. Naylor explained that at that
time there was a sewer problem and things were held up another month.
Mr. Montesi explained that in Phase III the 60 units is actually 15
buildings. As soon as the developer received the second driveway cut,
which was given to them without the authority of the planning Board,
things were changed around and the developer pushed for the third one.
Mr. Macri expressed his dismay to Mr. Frank Walter that three hours
had been spent discussing something that Mr. Walter claimed he could not
handle directly with Mr. Naylor and his people. Mr. Walter affirmed
this. Mr. Macri felt the discussion did not take place, Mr. Walter said
there two meetings and Cynthia LeFave, attorney for Mr. Ferrone, said she
was at one of them. Mr. Walter he said that he was unaware that the mid-
dle road cut was not acceptable, Mr. Macri argued that three road cuts
were always unacceptable. Mr. Walter stated that the second road cut was
not of the developer's doing, he refers to it as ·a happening,· the devel-
oper did not design it, did not pay for it. Mr. Macri felt that the devel-
opers have to live with the situation, if Mr. Valentine made the conscious
decision and was representing Mr. Ferrone.
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Mr. Dan Galusha, of E. Galusha , Sons in Johnsburg. Mr. Galusha
stated that at the time the road was put in, it did not go all the way
out, Dixon Road was being torn out and new Dixon Road was being put in.
He went to Mr. Naylor, because there was a matter of 15 feet from the end
of the construction to the new Dixon Road, and said Mr. Naylor stated that
it would have to be paved out to Dixon Road. Mr. Galusha informed the
Board that his contract went to the old Dixon Road, and paved to Dixon
Road per the request of Mr. Naylor, whose instructions came from the
meeting with Mr. Valentine.
Mr. Macri summarized that someone by the name of Mr. Valentine, who
did not have authority to accept the change, said he did not care where
the road cut is, but gave orders to pave it. The problem was that it was
unclear as to who the representative was for the developer, that is a
problem that the Town has in that it should make each developer specify
the contact person. Mr. Montesi agreed and said that Mr. Naylor has to
understand that any changes other than field conditions have to require a
review again by the Planning Board.
Mr. Lou Mas8ulo, Massulo Builders stated that Mr. Macri's statement
was correct, in that there was not clear identification of who was repre-
senting what. Massulo Builders bought the project from Thomas Ferrone
and, after the purchase, the intention was to develop and build the area.
The builders became bogged down in other projects and could not do both
aspects, therefore, the decision was made to develop the area and that is
the present roll for Massulo Builders. Phase I was developed and sold to
the Michael's Group, Phase II was developed and sold to the Michael's
Group, approval is being requested for Phase III so it can be developed.
Mr. Valentine will have to speak on the conversation that he had with Mr.
Naylor, Massulo Builders were not privy to the conversation and that
Massulo would not have agreed, because they knew what the filed maps
stated and those instructions were given to Mr. Galusha. The builders are
trying to create a safe environment for the people in that development.
Mr. Valentine is a Job Superintendent for the Michael's Group, who had
not bought Section II at that time, Massulo was building Section I at that
time. Ms. LeFave confirmed that the applicant is Thomas J. Ferrone' Son,
who owns the mortgage on Phase III, and Frank Walter is the agent. Lou
Massulo said he owns Phase III.
Mary Beth Sleven. Attorney for Massulo Bros. Ms. Sleven clarified
that Preliminary Approvals for all three phases was given to Mr. Ferrone,
he applied for them. Mr. Ferrone's name has never been changed from that,
he has been supporting all three phases all the way through. He has inter-
est in it because of the mortgage. Mr. Macri said he has a deep concern
with somebody who does not own the property, is not developing the pro-
perty, and comes before the Planning Board and making statements that may/-
may not be true. Ms. Sleven explained that, other than holding the mort-
gage, Mr. Ferrone's interest is in helping Massulo Bros. and helping the
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other persons who are building get the project going, and making sure the
original concept is developed.
To help clarify the situation, Mr. Desantis felt that the property
owner should affirm such to the Board. Phase II was represented to the
Board to be owned by Mr. Ferrone, yet developed by Massulo Bros.. The
Michael's Group is giving instructions or hearing and discussing with the
Town Highway Department. The Board was told two nights ago that Mr.
Ferrone is applicant/owner of the property, tonight the Board is told that
Mr. Massulo is the owner, not the applicant yet. The Board does not know
what Massulo is doing, if the presented plan is his proposal or the pro-
posal of the person who holds the mortgage.
Mr. Montesi stated that he did not understand how the Michaelis Group
got into Phase I and II, in addition, if Lou Massulo is the owner of
Phases I and II, he did not understand why Mr. Massulo did not know about
it or did not concern himself, but the houses ended up in a very good
position facing the road, etc..
Mr. Carmen Massulo, Massulo Bros.. Mr. Massulo said that the location
of the houses was not changed, and Massulo Bros. did not change the road.
The road ended where the Old Dixon Road was supposed to be, the road was
not there for his road to meet. The road ended where Leon Steves put the
stake and stood that way for approximately two to three weeks. Mr.
Massulo said that when they started the old Dixon Road was there. Mr.
Desantis asked how the builders expected to hook up to Phase Ill's cut
into Dixon Road at that point and time. Answer. When the section was
started, the old Dixon Road was there and he thought that everything was
going according to plan. Water mains and storm sewers were being put in.
Suddenly, the Town came and took old Dixon Road (approximately last of
July, first of August, 1987), the builders were not aware of Mr.
Valentine's instructions.
Mr. Michael Valentine. He expressed firmly that he nothing to say
about the road, he has nothing to do with it, is not developing it. The
lots are being developed as the Michael's Group. Mr. Valentine said he
had a breakfast meeting in the morning to talk about where new Dixon Road
is, where old Dixon Road is, tree planting, park benches, etc. No drive-
way cut was mentioned. The Michael's Group has no role in the develop-
ment, approval or anything. Mr. Montesi denied that those facts were
mentioned to him at a breakfast meeting. At the nightly meeting, when the
road was going to be dedicated in Phase II, Mr. Valentine stated that he
definitely stated at that meeting in front of other persons that the
Michael's group was not the developer, but the builder, had no say in the
approval, no say in the layout, no say in anything concerning the road.
He felt strongly that he was being castigated in front of the public. Mr.
Montesi stated that he and Mr. Naylor just went there to have a meeting,
and Mr. Valentine happened to come in and requested the driveway cut. Mr.
Valentine denied this.
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Betty Monahan. Town Council
dismay at the way this application
are being made to the Board by
The Town must make it plain to
whom the Board is going to accept
of ownership.
1st Ward. Ms. Monahan expressed her
has been handled, and that applicatfons
people who do not own the land legally.
developers, mortgage holders, etc. from
an application that there must be proof
Mr. Carmen Massulo did not understand what is wrong with three road
cuts. He was told that safety was the reason why only two were approved,
and that safety takes priority over any other factor. In the future,
there will only be one road cut.
Leon steves. Land Surveyor. He felt sufficient direction has been
given to the applicant by the Board, and they can make the application.
Mr. Roberts directed that a fresh application is required. Mr.
Montesi informed the Board that, if need be, the Town Board would agree to
look at two driveway cuts. If the developer necessitates that the present
second driveway cut is not appropriate and a different one is requested,
the Highway Department will consider two, but not three.
Ms. LeFave was informed that by June 28 plans have to be filed, in
order to be on the July agenda.
Mr. Roberts adjourned the meeting at 7.50 p.m. No vote on the
application was necessary, since it was an Informational Meeting.
1{¡~RM£
Richard Roberts, Chairman -
7-1 ~-ffY
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