1988-09-08
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QUEENS BURY TOWN PLANNING BOARD
SPECIAL MEETING: ~1sePtember1. 1~~~
7:30 p.m.
Story town, U.S.A., Inc.
d/b/a The Great Escape
BAVARIAN PALACE
Present: Richard Roberts, Chairman
Joseph Dybas
Peter Cartier
Frank DeSantis
Hilda Mann, Secretary
Susan Levandowski
Victor Macri
Paul Dusek, Council Lee York, Sr. Planner
Quentin Kestner, Town Designated Consultant
Mary Jane F. Moeller, Stenographer
Mr. Roberts called the meeting to order at 7:30 p.m. and explained
that this meeting is a continuation of Site Plan 34-88, which was Tabled
at the last meeting for additional information, the Public Hearing is
still opened. Bringing information up to date, the Town Board, acting as
the Board of Health for the Town of Queensbury, has approved part of the
septic systems under the blacktop pavement. The Zoning Board on September
7, 1988 made an Interpretation of the regulations that the buffer zone in
this case was not required, also agreed to was a variance for some of the
steeper slopes. The Queensbury Beautification Committee has met with the
applicants. In addition, the Warren County planning Board approved with
the stipulations that Mr. Wood participate financially in the improvement
of the turning land and widening of Round Pond Road, and all of the park-
ing spaces be shown as part of the formal approval (Exhibit A). Much of
the information was received -after the fact,- which will result in a
different kind of Site Plan Review.
Mr. Roberts suggested to the Board that perhaps, since this is a
unique situation, it would be best to look at what is existing, look where
we are and go forward to the best of the Board's ability.
SITE PLAN NO. 34-88
The location is on the northerly side of Round Pond Road, approx-
imately 1,000 feet easterly from intersection with Route 9, RC-15. The
application is for the approval of the already-constructed Bavarian Palace
to be used as a Banquet Facility.
Wayne Judge, Esq. represented the applicant, along with his partner
Robert Stewart, Esq.. Mr. Judge reviewed the past history and appearance
before the Warren County Planning Board. When the building was erected,
after being shipped from Vancouver, B.C., it was thought that a valid
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Building Permit was issued; another permit was issued on an addition to
the building; an Underwriter's Approval was issued by the Fire Inspector;
the septic system was approved by DEC, Dept. of Health in Queensbury, and
Town of Queensbury inspected the system before it was installed. A
written application was made to Warren County for access onto Round Pond
Road; a written permit was granted to the applicant to cut two (2) 24-foot
wide access places onto Round Pond Road (County owned) on condition that a
large portion of the earthern berm be taken down to improve the sight
line; that was accomplished in the Spring of 1988.
The applicant then requested a Certificate of Occupancy (hereafter
C.O.). At that time, it was discovered that some printed copies of the
Queensbury Zoning Code were in error in that the word -restaurant- was
written in ink under Site Plan Review in some copies and not in other
copies; most people who had printed copies of the code did not have
-restaurant- written in ink. There was a decision that the statute had
been amended to include -restaurant,- that the site was a restaurant as
opposed to a banquet facility and a Site Plan Review was required. Since
the Queensbury High School Senior Prom was to be held at the Bavarian
Palace in the very near future, a one-day, temporary C.O. was issued on
condition that an application for Site Plan Review was to be prepared in
five days; this was hastily done by Mr. Judge and Land Surveyor Tom
McCormack. Included in the application was the requirement to locate and
identify every structure on the site of Great Escape. Mr. Judge stated
that this could not be a- planned review,- because the Bavarian Palace had
been constructed, the parking lot was in, the terrain had been changed.
The applicant thought all of the completed items had been in full compli-
ance with the statutes.
After the application was Tabled by the Town Planning Board, the appli-
cants met with the Planning and Zoning Enforcement Departments. A new
Site Plan Review was made and again went before the various boards, which
consisted of four parts: 1) the application; 2) where the storm water
actually flowed on the site; 3) a comprehensive map of the structures on
150 acres; and 4) a list of all the Board objections, of which there were
basically about 11 substantial items:
update a Master Plan of the park;
perform a traffic study;
rethink the entire capacity of the parking area;
consider all problems involved with the septic system;
modify topography and landscaping plan;
devise a storm water management plan;
research the issue of the buffer zone;
demonstrate to the Board that the
parking proposed to the same Board
Escape Camping Resort;
demonstrate that the pedestrian walkway was safe;
demonstrate that design grades did or did not apply to the pedestrian
parking proposed was not of the
on similar property for Great
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walkways; and
cope with the issue of steepness of the slopes.
Mr. Judge stated that many of the comments made at the first Planning
Board meeting by Mrs. Hilde Mann were true, in that many applications and
improvements in the Town of Queensbury were unjustifiably carried out.
This was because the Zoning Ordinance was not ,strictly enforced. Most of
the professionals in the area were applying a Zoning statute that did not
exist on paper. An example of his explanation was that a seepage pit at
the Mohican Motel was approved in May 1988, without an application for a
Variance and was never considered to be part of a septic system; slope
grades in the Town was another area. It was discovered that there were
about four issues of the statute that were not being strictly enforced.
The consideration at this meeting is WIs this use compatible with the
Town Statute?w. He referred to Dan Ling's comments the on the proposed
zoning statute (Exhibit B). Mr. Judge specifically called attention to
wPURPOSE: RC Zones are areas within Queensbury where the Town wishes to
isolate, protect and encourage expansion of the recreation industry.
Residential uses are considered compatible with RC Zones.w
Representatives in attendance to discuss the project are: Quentin
Kestner, Town Designated Engineering Consultant; Richard Morse of Morse
Engineering (technical issues of the revised plan); and Abe Simoff, Simoff
Associates, responsible for the traffic study. Mr. Judge advised the
Board that Mr. Kestner was concerned about the safety of the pedestrians
using the footpath and walkway running along the margin of the roadway. A
suggestion was made to eliminate parking spaces and install a set of steps
running along the fence; the revised plan will be introduced at this
meeting.
Technical Issues: Richard Morse
Mr. Morse familiarized the Board with modifications to the plan. The
septic system has been split in two areas; one that serves the domestic
waste from the lavatories in the northwest quadrant of the building, that
is a new septic tank and placing it underneath the existing installed
area. The kitchen wastes pass through an existing grease trap and exist-
ing septic tank, that was previously was converted to a splitter manhole;
that has been boxed off and carried to a new distribution box with leach
pits that service the kitchen wastes.
The grade of the road is 9.85% and that an acceptable design criteria
is 10%; therefore, the road is adequate. Possible encroachment of vehic-
ular traffic into the roadway near the pedestrian walkway, which was
originally placed at the inside radius of the curve, was of concern. This
was revised with the removal of the present walkway, and the installation
of a separate staired access from the upper parking lot to the site. In
doing this, the slope was regraded and cut from 38% to approximately 20%,
but will go back to the original grade at the existing fence line that is
currently on site in line with the front of the Bavarian Palace.
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Regarding the storm water management plan, two structures are proposed
at the low point of the existing parking lot. They will be interconnected
with perforated drainage system that will manage a 10 year return period
storm.
Stabilization is a concern on the two slopes (east and west of the
parking access). The westerly slope is 62%; it has been regraded and a
retaining wall has been installed at the base; the regrading will bring it
to a 50% slope (2 on 1 slope), which is an acceptable standard with the
NYS DOT. Assisting in the stablilization will be a crown vetch seeding
program, which is a mixture of crown vetch plan and crown vetch seed with
mulch.
The planting plan was approved by the Beautification Committee
(Exhibit C). Mr. Morse presented a rendering of the site when completed.
There were deciduous plantings, a 32 inch wooden planter will be set at
the property line (it was set back to give cuing sight distances for
vehicles existing); there will be a planting arrangement of small conifer
trees, along with other conifers along the site as a foundation.
Traffic Study: Abe Simoff: (Simoff Associates)
Mr. Simoff explained that the studies were conducted on a Saturday in
July between 10:00 a.m. to 2:00 p.m. and 11:00 a.m. and 3:00 p.m. The
reason is because the traffic intensity from the park is much greater
during any period of the day. Regarding the traffic signal at Round Pond
Road, as far as the State is concerned there would be nothing to effect a
signal. There are sufficient gaps in the traffic flow, because there are
two signals at the Great Escape (600 to 700 feet North of Round Pond
Road); they create certain gaps which will allow traffic to exit. The
predominant move is southbound - left and westbound - right; that move is
somewhere in the ration of 3:1. There exists a southbound turn lane on
Route 9. At this location, Route 9 is about 35 - 36 feet wide; therefore,
the northbound land is a free-moving lane of traffic. The effective peak
hour of the northbound lane is approximately 600 of vehicles; that moves
through the intersection because the side street has a stop sign. There
should be two lanes going in a westerly direction on Round Pond Road; it
would effectively allow the traffic to flow onto Route 9.
A projection was made of the traffic during any hour from the Palace.
For assembly or discharge the movement will be somewhere around 100, based
on the size of the facility having approximately 110 spaces for an
assembly building of approximately 9800 square feet. Mr. Simoff said that
traffic at closing hours for Great Escape and assembly/discharge from the
Bavarian Palace is a management problem. If it did occur, it would do so
at a very small period of time. Effectively, the turning lane on Round
Pond Road can be used now, irregardless of this application. The turn at
Round Pond Road to the left will remain Level E (Exhibit D).
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Town Designated Consulting Engineer: Quentin Kestner
Mr. Kestner reviewed his letter of September 8, 1988 (Exhibit El-4).
In his op1n10n, all of the issues which have been raised since the
beginning of the first application, have been satisfactorily resolved.
1) Septic System: Kitchen waste has been separated from the domestic
waste. Chances of the system failing are quite remote. The system
has been constructed of materials to withstand traffic.
2) Storm Water Runoff: Catch basins and porous piping have been added,
the area of the site is very well-drained sand.
3) Side Slopes: Material had previously sloped to the bottom. Retaining
walls have been added and the slopes have been cut. For the type of
materials and the addition of plantings, he is not concerned about
erosion. The plantings add to the aesthetics of the area.
4) Parking: The upper level was added and a separate staired access is
now available between the two parking levels. Mr. Kestner strongly
urges that the Site Plan with the addition of the stairs be accepted
and made part of the approval.
5) Traffic Study: It has been carried out and the impact should be
handled by a professional. The person who has the jurisdiction of the
road should comment. (No additional traffic study needed).
Mr. Kestner recommended that the project be approved from an Engineer-
ing standpoint.
Mr. DeSantis asked about internal traffic access controls, especially
with the two entrances used for the RV Park. He is concerned about traf-
fic congestion at the top parking lot, especially with cars backing out of
the allocated spaces, and would like to determine what roadways are avail-
able to patrons who do not have the knowledge about as to grades and what
is safe. Mr. Kestner is satisfied at this time with the traffic flow,
solely from the Palace access points. Mr. Judge explained that the plan
had been to use the RV and Palace access points for the Palace customers,
Mr. Kestner does not feel that is necessary.
Mr.
tional
County
the road
Judge explained that Mr. Wood has offered to pay for the addi-
lane on Round Pond Road. Fred Austin, Superintendent of the Warren
DPW, does not feel the lane is necessary (Exhibit F), however, if
is free, he probably would put it in.
Mr. Macri was concerned about the upper lot road intersecting the
existing paved road for the RV Park, he feels it is a blind intersection.
The cars and trolleys for the RV Park and the cars for the Palace will use
the roadway, in addition, cars will back out of the parking spaces into
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the oncoming traffic. It was also pointed out that the road either
flattens out or cups at the top, so that one cannot see down the hill.
Mr. Cartier suggested putting vehicle wheel stops between the vehicles
and the sidewalks.
Public Hearing (Continued)
Charles Ginsberg:
Mr. Ginsberg explained that he had a similar problem in South Glens
Falls. He feels that what Charles Wood has done for the area has been
tremendous. The Board should go along with him, and that ·Charley Woods·
should bend and go along with the Board.
Contrary to Mr. Simoff's statements regarding the direction of the
majority of traffic on Round Pond Road, Mrs. Mann feels that the majority
of people will turn left onto Round Pond Road, continue to Country Club
Road and proceed to the city. 1/4 mile east of the facility is a bicycle
path, there is the Country Club area where there are sports on the course
in the wintertime, 4/10 of a mile east is an Environmentally Sensitive
area in which persons in the Town of Queensbury wish to have a park. Mrs.
Mann discussed four accidents which have recently occurred in the area.
She feels it is unfortunate that the facility is already in place, and
that it will place a lot of traffic on a road which cannot sustain the
traffic.
Mr. Roberts feels that, if the allocated parking spaces are used up,
Story town would have the capability of shuttling people to other parking
lots. Also, with the nature of the facility, a Sheriff's deputy could be
called upon to assist. Mrs. York read the 8/9/88 letter from Joseph Kelly
of State DOT (Exhibit G), DOT only looked at Route 9, because they have no
jurisdiction on Round Pond Road. Contrary to the Warren County DPW
letter, State DOT states no objections to another lane on Round Pond Road.
Mr. Simoff said the his research was based on the critical period, which
is when the park is opened.
Mr. DeSantis asked why a study was not done on Round Pond Road east of
the Palace. Answer by Mr. Simoff: Between the intersection of Round Pond
Road and Route 9 and the proposed/existing Palace, there is no really
built up development, there is nothing to generate any traffic. Conse-
quently, if you count northbound-right, southbound-left, the westbound-
through movement, that effectively gives the amount of traffic that passes
the site. The traffic going east of the site is taken by the intersection
right turn and the intersection left turn. Based on the two-day study,
the critical and peak movement coming out of the site and entering the
site, will be coming out of the site and making a right turn to Route 9
and coming in from Route 9 to the site. The quantity of traffic going
eastbound versus the quantity of traffic going to Route 9 is 5' to 6', it
is very light.
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In review of the extra lane on Round Pond Road, Mr. Judge verified
that the application is that the applicant has offered to bear the expense
of a right turn lane on Round Pond Road. That was made a condition to the
approval of the Warren County Planning Board. Recommendations for the
extra lane are from: Abe Simoff, Quentin Kestner and Joseph Kelly of the
State DOT. Warren County will put the road in if Mr. Wood will pay for
it, although it is not felt necessary.
Marilyn Stark: Mohican Motel:
Ms. Stark stated that, during the times that she has jogged, traffic
on Round Pond Road is no more heavily travelled than Route 9, during all
seasons of the year. Regarding the tourism industry, Ms. Stark feels that
Mr. Wood is the ·barometer· of the area. 98% of the Mohican Motel clien-
tele are families and they all visit the Great Escape, before any other
attraction in the area.
Public Hearing Closed
(Note: During the motion, there was further discussion regarding the
traffic, parking and access points particularly in relation to traffic
movement in/out of the upper level area. If entrances are closed off
during the winter, Mr. Stewart asked to reserve that the right that the
Board could be approached in the future, if a new facility was to be
introduced.)
Mr. Dybas moved APPROVAL of Site Plan No. 34-88, Story town, U.S.A.,
Inc., as having met the requirements of the Town of Queensbury and based
on the Revised Sketch L-2 dated 9/8/88. Included are the Warren County
and Beautification Committee recommendations. The following are stipula-
tions to the motion:
placement of wheel stops for curbs between upper parking lot and walk-
way for pedestrians,
the most easterly RV Park access entrance point on Sketch L-3 is to be
blocked off at the entrance and at the top of the hill, during the
wintertime (it will be available for emergency purposes).
eliminate the three (3) most southerly parking spaces, at the ·V· at
the top of hill on Sketch L-2.
Paul Dusek, Counsel, requested that the necessary finding that this
Board makes that is going to approve this project is pursuant to Article
5.070 be added to the Resolution. Mr. Dusek summarized the Article to the
Board members, who agreed they did not have a problem with the require-
ments (complete text on Pages 15 - 16).
Seconded by Mrs. Levandowski
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Passed 6 Yes (Levandowski, Dybas, Cartier, Roberts, Macri, DeSantis*)
1 No (Mann)
* Mr. DeSantis' statement after his vote: -My comment is that, if this
project had not been built prior to review, my vote would have been
'no.'·
Mr. Roberts adjourned the meeting at 9:30 p.m.
Æ/ç~~Is(i:J
Rich Roberts, Chai_an
Date
(!;: :Jt~ll-!. s~-'
f·¡s·f Y
Date
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Section 5.070 Requirements for Type I and Type II Site Plan Review.
In order to approve any type I and Type II site Plan Review use the Plan-
ning Board shall find that:
A. The use complied with all other requirements of this Ordinance, includ-
ing the dimensional regulations of the zoning district in which it is
proposed to be located; and
B. The use would be in harmony with the general purpose or intent of this
Ordinance, specifically taking into account the location, character,
and size of the proposed use and the description and purpose of the
district in which such use is proposed, the nature and intensity of
the activities to be involved in or conducted in connection with the
proposed use, and the nature and rate of any increase in the burden on
supporting public services and facilities which will follow the approv-
al of the proposed use; and
C. The establishment, maintenance or operation of the proposed use would
not create public hazards from traffic, traffic congestion, or the
parking of vehicles and/or equipment or be otherwise detrimental to
the health, safety or general welfare of persons residing or working
in the neighborhood or to the general welfare of the Town; and
D. The project would not have an undue adverse impact upon the natural,
scenic, aesthetic, ecological, wildlife, historic, recreational or
open space resources of the Town of the Adirondack Park or upon the
ability of the public to provide supporting facilities and services
made necessary by the project, taking into account the commercial,
industrial, residential, recreational or other benefits that might be
derived from the project. In making this determination, hereunder the
Planning Board shall consider those factors pertinent to the project
contained in the development considerations set forth herein under
Section 5.071 of this Ordinance and in so doing, the Planning Board
shall make a net overall evaluation of the project in relation to the
development objectives and general guidelines set forth in Section
6.040 of this Article.
E. The Planning Board review of the Site Plan shall include, as appro-
priate, but not limited to the following general standards:
1. Location arrangement, size, design and general site compatibility
of buildings, lighting and signs.
2. Adequacy and arrangement of vehicular traffic access and circula-
tion, including intersections, road widths, pavement surfaces,
dividers and traffic controls.
3. Location, arrangement, appearance and sufficiency of off-street
parking and loading.
15
4. Adequacy and arrangement of pedestrian traffic access and circula-
tion, walkway structures, control of intersections with vehicular
traffic and overall pedestrian convenience.
5. Adequacy of storm water drainage facilities.
6. Adequacy of water supply and sewage disposal facilities.
7. Adequacy, type and arrangement of trees, shrubs and other suitable
plantings, landscaping and screening constituting a visual and/or
noise buffer between the applicants and adjoining lands including
the maximum retention of existing vegetation and maintenance includ-
ing replacement of dead or deceased plants.
8. Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
9. Adequacy and impact of structures, roadways and landscaping in
areas with susceptibility to ponding, flooding and/or erosion.
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WARREN COUNTY
II.
PLANNING BOARD
Warrcn Counly MuniCipal Ccnlcr
Lakc Gcorgc, New York 12845
r clc¡Jhonc ~ 16· 161·6410
DATE:
AUiust 10. 1988
RE: SPR34-88
TO: Queensbury Planning .&
Of fice .
Town Office Building
Bay & Haviland Roads
Queensbury, NY 12801
Cent lemen/Ladies:
Zoning
Story town U.S.A., Inc. d/b/a The Great Escape
'.
Round Pond Road
At a meeting of the ~arren County Planning Board, held on the 10th
day of August , the above application for ,a site plan review for
a banquet facility (10,000 sq. ft.) with capacity for 500 people.
~as revie~ed, and the fo110~ing action ~as taken. Recommendntion to:
( ) Approve ( ) Disapproval (X Modify ~ith Cond i.t ions
Comment: Application was appr~d ~ith the conditions that a turning lane
on Round Pond Road be imposed by Mr. Wood, and that the additional
parking spaces be shown on the final map.
Rt![urn
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It is the policy of the ~arren County Planning Board to fo110~ the
procedures of the Ne~ York State Ceneral Municipal La~, Section 239-M.
~ith regard tð Municipal Zoning actions that are referred to and reported
thereon. The fo110ving are procedural requirements that must be adhered
to:
1.) The ~arren 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 ~ithin thirty (30) days
or agreed upon time, the municipal agency may act vithout such
report.
2.) If the recommendation is for dis~pproval 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 á resolution fully
setting forth the reasons for such contrary actions.
,
3.) ~ithin seven (7) days after the· final action by the municipal
agency having jurisdiction on the recommendations. modifications
or disapproval of a referr«:d matter, such municipality agency
shall file a report \/ith the ~arren County Planning Board on
the necessary form.
OR "'" "d~~~ ,;;,,)Þ
Vil1<:~nt Spitzer, Vi.Cf! Cha1,-m,1n
TOW~ OF QUEENSBURY
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COMM~~TEE FOR COMMUNITY BEAUTIFICATION
Robert L. Eddy, Chairman
17 Owen Avenue
'Queensbury, N. Y. 12801
Mrs. Arthur J. Seney, Secretary
8 Queensbury Avenue
Queensbury, N. Y. 12801
Tal (X) Warren County Planning Board Date I
(X) Queensbury Town Planning Board
(X) Queensbury Town Zoning Board or Appeals
(X) APplicant
8/25/88
ReI Variance * , Site Plan #34-88 - Bavarian Palace
Round Pond Road
We have reviewed the request fora (X) Variance, (X) Site Plan Review,
( ) Other - and have the following recommendations I
(X) Approval ( ) Disapproval
A special meeting of the Committee was held this date to review revised plans for this
application.
Attorney, Wayne Judge represented the applicant. Several aspects of the plans \{ere
not included in the discussion, even though they fringed on beautification, but are the
province of other Boards.
Attorney Judge was asked for alternate plans for p1antings in case the Zoning Board
denies request for relief fram the 50 ftJbuffer to the residential zone across the road.
'l'he answer 'Was: th~s is not possible due to parking limitation, motorists' sight problems
and interpretation' of the ordinance.
The planter between the car park and the road is to be 30" high and 36" wide, made of
pressure treated lumber, filled with 18 andora junipers. Dry wells will be placed at
either end of the center planter by the ingress/egress driveways.
Embankments an either side of the car park will be planted with vetch plants every 4
sq. ft. and spray seeded with vetch seed. Maple trees will be planted on either side of
the car park and at the corners of the building. Andora Junipers will also be planted in
front of the four patios by the three entrances of the building.
A suggest~ was made by a member of the audience that the roof be painted green or an
earthtone to blend in with surroundings. P1antings will be mulched with shredded bark.
11)
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In addition to the above landscaping, screening and planting provisions,
the Committee wishes to go on record, that it does not approve I
1. Non-con~orming signs,
2. Plastic or artificial trees, shrubs or flowers.
In approving the above (or attached plans), the Committee has the expressed
or implied agreement of the applicant to replace, immediately dead trees,
shrubs or plants, and to give proper maintenance to all plantings. All
rubbish containers or dumpsters shall be screened, all plantings shall be
mulched and trees shall be retained or planted, as agreed.
~pe fully 5~bmi tted,
. "h. Z ¿Yldt
Rob rt L. Eddy, Chairmrn
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WARREN COUNTY
;I.
--
PLANNING BOARD
Warrcn County Municipal Centcr
Lakc Georgc. New York 12845
r CIC¡¡hOlu: ~ 16·16 1·6. 10
DATE:
Au~ust 10, 1988
RE: SPR34-88
TO: Queensbury Planning & Zoning
Office .
Town Office Building
Bay & Haviland Roads
Queensbury, NY 12801
Cent lemen/Ladies:
At a meeting of the Yarren County Planning Board, held on the 10th
day of August , the above application for ,a site plan review for
a banquet facility (10,000 sq. ft.) with capacity for 500 people.
Story town U.S.A., Inc. d/b/a The Great Escape
Round Pond Road
WaS reviewed, and the following action vas taken. Recommendation to:
( ) Approve ( ) Disapproval eX( Modify with Cond it ions
Comment: Application was appr~d ~ith the conditions that a turning lane
on Round Pond Road be imposed by Mr. Wood, and that the additional
parking spaces be shown on the final map.
R4.! turn
--------------------------------------------------------------------------
It is the policy of the Warren County Planning Board to follow the
procedures of the New York State Ceneral Municipal Law, Section 239-H.
with regard tð 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.
2.) If the recommendation is for dis~pproval 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.
,
3.) Within seven (7) days after the· final action by the municipal
agency having jurisdiction on the recommendations, modifications
or disapproval of a referr~d matter, such municipality agency
shall file a report ~ith the Warren County Planning Board on
the necessary forM.
Vinc~nt Spitzer. Vice Chait-man
0",,, '" M'(:W~~~;;;)Þ
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DANIEL UNG, ASSISTANT PLANNER
Application Number: A-v(A U~ ý / L/03
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DANIEL UNG
AJsistant Planner
BAY AT HAVILAND ROAD
QUEENSBURY. NEW YORK. 12801
TELEPHONE: (SI8) 792-5832
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Planning and Zoning Departmcnt
DANIEL UNG, ASSISTANT PLANNER
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A~sistant Planner
BAY AT HAVILAND ROAD
QUffNSBURY, NEW YORK, 12801
TELEPHONE: (518) 792-5832
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seTTLeD 1763, . . HOME Of NATURAL Of AUTY . , . A COOCl PLACE TO LIVE
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Section 4.020-R Recreation Commercial. RC-15. RC-3A. [RC-6AJ
UENSITY: There are [3J ª areas of differing densities for RC 20nes. RC-15 20ne
allows one principal building for every 16.000 S.F.. RC-3A 20nes allows one
principal building for every 3 acres of land area - although clustering Is
appropriate and encouraged. [RC-5A allows one principal building for every
5 acresJ. '
PURPOSE: RC 20nes are areas within Queensbury where the Town wishes to isolate,
protect and encourage expansion of the recreation industry. Large scale
projects will be encouraged to produce long range Planned Unit Development
'plans defining uses, intensities. patterns. etc. Residential uses (sea-
sonal included) are considered compatible with RC Zones. ·
- -
MINIMUM LOT SI2E
Area Width [Depth
in Feet in Feet]
MINIMUM
YARD SETBACKS---
Front Side Rear
MINIMUM PERCENT
OF LOT TO
BE PERMEABLE
MAXIMUM HEIGHT
OF BUILDING
(Feet)
RC-15
[5,000] [n/a]
1115,000 ~'
RC-3A
(15,000] en/a]
1I1t3 Acres !QQ'
(RC-5A [n/ a]
1115,000]
[n/ a]
30· [n/a] 30'
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[30·] [n/a] 30'
~' ~.
[IIClustering only. ]
30~
50'
[n/ a]
65~
60'
. en/a]
[50']
"Minimum lot size for clustering is 6.000 S.F.
ItIlMlnlmum lot size for clustering is 16.000 S.F.
ItItIlA 50' buffer shall be required adjoining residential and industrial zones.
L..
PERMITTED USES
[PERMITTED ACCESSORYJ ACCESSORY USES
1. [Amus~ment Centtr with less
2500 S.F. of gross floor area]
2. (Motels with 10 units or less]'
113. Single Family Dwelling
1t4. (Farm - Class C & D]
5. (Boathouse & Dock]
b. (Restaurant]
1. Swimming Pool
2. Outdoor Athletic Court/Facility
3. Private Garage
4. Storase Shed
6. Any other accessory or use
customarily incidental to a
permitted use
6. Signs as/Queensbury Sign
Ordinance
7. Home Occupation
(It See Supplementary Regulations Section 7.080 for farm classification.]
ItSee Regulations for mobile homes.
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DANIEL UNG, ASSISTANT PLANNER
Application Number:
Applicant/Project Name:
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Section 7.079
Amend.
6;83
Buff er Zones
Where any commercial use or industrial use as defined in this
ordinance~ with the exception of farm operations, abuts any
rßsidp.ntiâl use at the lot line or on the same street, that
said commercial or industrial use shall provide at least a 50
foot buffer zone from'- the adjoining lot line of the residential
use.
11. PBuffer Zone" means an undeveloped land area separating certain
zones or uses from one another. Parking or storage of vehicles
or objects associated with the use of the property including
patron's yehicles is not permitted. Buffer Zones are landscaped
or inhabited with natural foliage. (See Definition i53 "Land-
scaping" and Definition '94 "Screening") -
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QUffNSBURY, NEW YORK, 12801
TELEPHONE: (518) 192-5832
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Amend.
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53.
"Landscaping" means the act of changing or enhancing the
natural features, a plot, buffer zone, public open space
or other area or portion of a lot (often as a beautifying
feature of a building or land use) so as to make said area
more attractive, to add visual screening and/or to provide
safety features to assist in protecting life and property.
This may be accomplished by adding lawns, trees, shrubs, etc.,
or through the sculpturing of the terrain, i.e. earth berms,
ponds, walkways, retaining walls, rock outcrops, etc. and/or
installing lights, light pOles, flag poles, fences, and ,traffic
malls for the direction of traffic. This does not include any
man-made object tha't exceeds the maximum height requirement for
a structure in the zone district in which it is located. Land-
scaping is subject to approval by the Town of Queensbury Plan-
ning Board where site plan review is required and subject to
review by the Adirondack Park Aqency where a project is classi-
fied as a Class A or Class B Regional Project.
-....-..- ---- '_'-"'_c_"_'____"_____ -' -
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94. "screening" means existing natural foilage, mounds, trees,
shrubs or landscaped natural mater.ials and plants which
obscure the visual character and. suppress the noise of any
given building or use of land. Where natural plant material
is not practical, fences and/or other artificial material
,may be partially or totally substituted according to indi-
vidual site conditions. (See Definition '53 "Landscaping")
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27.
"Conunercial Use" means any use involving the sale or rental or
distribution of goods~ services or commodities, either retail
or wholesale.
25~
"Commercial Recreation Use" means any use involving the pro-
vision of recreation facilities or activities for a fee.
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BAY AT HAVILAND ROAD
QUEENSBURY. NEW YORK, 12801
TELEPHONE: (518) 792-5832
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DANIEL UNG, ASSlSTANTPLANNER.
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Planning and Zoning Department
DANIEL UNC, ASSISTANT PLANNER
Application Number:
A-rÚ1
Applicant/Project Name:
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QUEENSBURY, NEW YORK, 12801
TELEPHONE: (518) 792-5832
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TOWN OF QUEENSBURY
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COMM~~TEE FOR COMMUNITY BEAUTIFICATION
Robert L. Eddy, Chairman
17 Owen Avenue
'Queensbury, N. Y. 12801
Mrs. Arthur J. Seney, Secretary
8 Queensbury Avenue
Queensbury, N. Y. 12801
To. (X) Warren County Planning Board Date.
(X) Queensbury Town Planning Board
(X) Queensbury Town Zoning Board o~ Appeals
(X) Applicant
8/25/88
Re. Variance * , Site Plan *34-88 - Bavarian Palace
Round Pond Road
We have reviewed the request ~orl(X) Variance, (X) Site Plan Review,
( ) Other - and have the following recommendations.
(X) Approval ( ) Disapproval
A special meeting of the Committee was held this date to review revised plans for this
application.
Attorney, Wayne Judge represented the applicant. Several aspects of the plans \fere
not included in the discussion, even though they fringed on beautification, but are the
province of other Boards.
Attorney Judge was asked for alternate plans for plantings in case the Zoning Board
denies request for relief from the 50 ftJbuffer to the residential zone across the road.
The answer was: th~s is not possible due to parking limitation, motorists' sight problems
and interpretation of the ordinance.
The planter between the car park and the road is to be 3D" high and 36" wide, made of
pressure treated lumber, filled with 18 andora junipers. Dry wells will be placed at
either end of the center planter by the ingress/egress driveways.
Eìnbankments on either side of the car park will be planted with vetch plants every 4
sq. ft. and spray seeded with vetch seed. Maple trees will be planted on either side of
the car park and at the corners of the building. Andora Junipers will also be planted in
front of the four patios by the three entrances of the building.
A suggest.:J' was made by a member of the audience that the roof be painted green or an
earthtone to blend in with surroundings. P1antings will be mulched with shredded bark.
..
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In addition to the above landscaping, screening and planting provisions.
the Committee wishes to go on record. that it does not approve I
1. Non-conforming signs,
2. Plastic or artificial trees, shrubs or ~lowers.
In approving the above (or attached plans), the Committee has the expressed
or implied agreement o~ the applicant t~ replace, immediately ~ead trees,
shrubs or plants, and to give proper ma1ntenance to all plan~~ngs. All
rubbish containers or dumpsters shall be screened, all plant~ngs shall be
mulched and trees shall be retained or planted, as agreed.
fully .:fbZ~~
L. Eddy, Chai~n
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WEEKEND PEAK BOUR
LEVEL OF SERVICE
EXISTING CONDITIONS
Route No. 9 SIB Left A
Round Pond Road W/B Left E
Round Pond Road W/B Right B
Capacity analysis calculations were performed for future
conditions by superimposing the 100 entering vehicles and then
the 100 exiting vehicles onto the existing traffic volumes.
The traffic volumes utilized in these calculations is for the
peak hour time period at the subject intersection (1:00 P.M. to
. 2:00 P.M.). The coincidence of this event occurring is most
probably unlikely. However lit is used to form ulate the
conclusions of this study with inference that they are quite
conservative.
These calculations are also performed utilizing roadway
improvements of widening for separate left-turn and right-turn
lanes on Round Pond Road.
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ESTABLISHED IN 1955
KESTNER ENGINEERS, P. C.
CONSULTING ENGINEERS
JOSEPH A. KESTNER, JR., P,E., L.S.
MARK L. KESTNER, P.E.
QUENTIN T. KESTNER, P.E.
ANTHONY M. KESTNER, B.S.
o'''E KEST~ER LANE
TROY. NEW YORK 12180
518-273-7446
K. WAYNE BUNN, P.E.
JAMES J. SHAUGHNESSY, P.E.
JEROME THORNE, S.E.T.
September 8, 1988
Ms. Lee York
Senior Planner
Town of Queensbury
Bay at Haviland Road
Queensbury, NY 12801
RE: SITE PLAN NO. 34-88 BAVARIAN PALACE RESUBMITTAL
Dear Ms. York:
I was first asked to comment on this project on June
16, 1988. At that time, I asked that the following points
be considered.
1) Locations and adequacy of the septic system;
2) Adequacy of parking;
3) Need for traffic study.
Since that first review, the project has been revised
and resubmitted, and I have had conversations and exchanged
correspondence with representatives of the project, and the
technical concerns which I addressed concerning the project
have been considered by the developer, specifically:
1) The septic system has been substantially increased
with the addition of six leaching pits, to be used
for the kitchen waste only. Information on the
construction materials and installation of the
pits has been provided; therefore, I am satisfied
with the waste disposal system as installed or
proposed.
2) Additional information has been provided
concerning the topography of the parking lot and
two storm water dry wells, and approximately 190
linear feet of perforated 12" PVC Pipe has been
added to attend to site drainage. The soils
information and attached calculations would
indicate that these systems are acceptable.
MUNICIPAL ENGINEERING
WATER, SEWAGE, AND DRAINAGE SYSTEMS SOLID WASTE MANAGEMENT
FEDERAL/STATE GRANT APPLICATIONS .
PRECISION SURVEYING AND GROUND CONTROL TELEVISION PIPELINE INSPECTlOI\:, METERING & SAMPLING
CONSTRUCTION MANAGEMENT AND QUALITY ASSURANCE
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Ms. Lee York
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September 8, 1988
3) Retaining walls have been added to the steep side
slopes to lessen the grade, and a landscape slope
plan has been proposed. These additions
adequately address my concerns for the steep
slopes.
4) The pedestrian access to the upper parking area
has been modified so that a separate staired
access is now available to patrons between the two
parking levels.
5) A Traffic Impact Study was done, and I would
suggest the Board attend to any concerns voiced by
the jurisdiction responsible; that is the Warren
County Highway Department and the New York State
Department of Transportation.
It is my opinion that the developer has been responsive
to my concerns; therefore, I have no objections to the
approval of the project as submitted in its most recent
form.
Sincerely,
KESTNER ENGI~
~J.'~¿::
Quentin T. Kestner, P.E.
Vice President
QTK/mah
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MEMORANDUM
FOR THE RECORD
August 30, 1988
FROM: Quentin T. Kestner, P.E. & V.P.
SUBJECT: Bavarian Palace Site Plan Review
On Friday, August 26, 1988, I met with Dick Morse of Morse
Engineering concerning the subject restaurant; and we agreed as
, follows:
1. The crosswalk on the upper parking area would be moved
to the top of the hill to allow vehicular stopping on
level ground and better site distance.
2. Consideration will be given to eliminate parking on
the upper area, west side. This is to provide better
pedestrian movement.
3. A reinforced curb and guard rail will be added to the
walkway between the lower and upper parking areas.
4. I indicated my strong preference for a sidewalk not a
walkway to the upper parking area.
. ~
. 5. The west bank in the lower parking area will be
reduced to 50% -by construction of a retaining wall.
Erosion control will be accepted through the use of
ground cover.
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QTK
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cc:
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ESTABLISHED IN 1955
KESTNER ENGINEERS, P. C.
CONSULTII~G ENGINf¡:I~S
JOSEPH A. KESTNER, JR.. P.E., L.S.
M.-\RK L. KESTNER, P.E.
QUENTIN 1. KESTNER, P.E.
A."THONY M. KESTNER. B.S.
0.,£ Kr5T,'£R Lv,[
TR(J\', Nl\\' YORI-. 121130
518 -:2 7J -7 ·I-If)
K. W.WM BUN,.... P.E.
),,,,\.1£5 . SHAUUINES5Y. P,E.
JEfWME THO¡{NE. S.E.Y.
August 18, 1988
H. Wayne Judge" Esq.
Bartlett, Pontiff, Stewart,
One Washington Street
P.O. Box 380
Glens Falls, NY 12801-0380
Rhodes & Judge, P.C.
RE: Town of Queensbury Site Plan No. 34-88 - Bavarian
Palace
Dear Mr. Judge:
When Robert Morse called me on Friday, August 5, 1988, he
inquired concerning my progress in reviewing the drawings for
the Bavarian Palace. I advised Dick that I had only just
received the drawings but indicated four preliminary areas of
concern. I agreed to contact Dick when my review of the
drawings was further advanced:
My position as Town Designated Consultant is to provide
engineering opinion to the Planning Board on an as-requested
basis. My opinion is guided not only by rules and regulations
but also experience and generally accepted engineering
practice.
As a more specific response to your letter, I would note that
the Q~eensbury Zoning Ordinance and Street Standards do
address some of my areas of concern.
1. Steepness of the access road to the upper parking
area Town. Street Standards, Article VIII,
Paragraph E9a, suggests a maximum street grade of
10%. Many design standards use a guideline of 8 -
10%. The access road in question is calculated as
9.85% to the midpoint of the road. This road
intersects the thoroughfare in the lower parking
area with a grade that exceeds the recommended 3% at
intersections.
,
MU:-":ICIP.-\L E¡-.:GI.'IEfRI:\:G
W,\T[R, SEWAGE. .-\,'-'D DRAI:--':AGE SYSTE.\IS SOLID WASTE 1\1:\'\:\Cfi\ll:'\T
FEDE~L/ST,-\ TE GR.-\:'\T APf'UC.-\TlO,""S .
f'KI CISlO' SURVEYI""G :\,'\D GROUr-.:O CO.'HROL TELEVISION Plf'fll:-.:E I:,\SPfCTlO"". ,\\rnRI.'\C; & SA,\\PII,(;
CO"STKUCTlON MA.\¡AGEo\IE':-..: T A,-"';O QU.-\LlIY A$SURA,'\(E
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H. Wayne Judge, Esq.
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August 18, 1988
2. Section ?070, Paragraph C and Section 7.071, first
paragraph, second to the last sentence, requires
that pedestrian walkways be safe. I question the
wisdom of locating the walkway in the access road
separated only by a handrail. Exiting cars
especially in Winter could slide into the walkway.
Pedestrian access up the grade in Winter could be
hazardous due to icy conditions. Snow plowing will
tend to push snow from the access road into the
walkway with a tendency for the plow to hit the
railing. The walkway then ends at the incoming
access lane.
3. Concerns about the location of c~t~h basins - Town
Street Standards, Article VIII, Paragraph I,
requires storm-water drainage facilities. When I
spoke with Dick Morse on August 5, 1988, I did not
have grade shots of the parking lot which he has
since provided. This information along with actual
observation of drainage patterns and ponding after a
heavy rain on August 15, 1988, indicates that storm
water does travel to the front of the site adjacent
to Round Pond Road. Location of catch basins in
this area is therefore appropriate.
4. Steepness of the slope on the west side of the
parking lot The indicated 62% grade creates a
natural tendency for erosion and movement of the
bank into the parking area. Appendix C, Paragraph
AI, presents general guidelines on alteration of
land and the need to employ measures to minimize
erosion and recommends limiting cuts. The revised
proposed plan does address stabilizing the bank but
whether or not these measures are adequate is
judgmental. It is my opinion that such steep cuts
are undesirable in the first instance.
Sincerely,
KESTNER ENGINEERS, P.C.
~â<¿~t¿§iliV?
Quentin T. Kestner, P.E.
Vice President
QTK/cp
cc: Supervisor Stephen J. Borgos
Lee York, Senior Planner
Dan Ling, Assistant Planner
Richard Roberts, Planning Board Chairman
IIJIIJF
WAAREN'-éOUNTV DEPARTMENT OF PUeLIC--WOR~
...
.A.AA£IiSBURG OFFICES
2I511iWn S,r..'
..~(g. N.Y. 12885
TeL 51U23-4141
518-781·6556
Su,*,nlandant's Office
Highway Division
Parks and Recreation
Airport Administration
Equipment Maintenance
Engineering
Halchery Administration
MUNICIPAL CENTER OFFICES
Lake George, N.Y. 12845
Civic Defense and National Disaster Tel. 518·761·6490
BuildIngs and Grounds Tel. 518·761·6494
County Energy Office Tel. 518·761·6490
FRED AUSTIN, P.E.
Supt. Public Works
ROGER GE80
PETER BROWN
Dept. Supts., Public Works
WARREN COUNTY AIRPORT
County Line Road
Glens Falls, N.Y. 12801
Tel. 518-792·5995
July 12, 1988
H. Wayne Judge, Esq.
Bartlett, Pontiff, Stewart,
Rhodes, & Judge, P.C.
Attorneys at Law
One Washington St.
P.O. Box 380
Glens Falls, N.Y. 12801
RE: CR 17 - Round Pond Road
Bavarian Palace Entrance
Dear Wayne:
A per your request, I will try to summarize the remarks I've made to you and
others over the Bavarian Palace driveway entrance situation.
It is my opinion the County cannot withhold access from a County road unless
the right-of-way was purchased "without access". We can set "conditions
precedent" and, in fact, always do. They could include drainage, insurance,
sight-distance clearing, number of entrances, requirements for an owner
financed traffic signal, storm water retention ponds, etc., etc.
In the case in point, we find no problems with the entrance constructed
except a very minor. grading requirement that has already been resolved with
the owner.
Last year, we scheduled the paving of the shoulders, up Round Pond Road
about 1000 feet, for this summer and it is currently underway. This is not
related to the Bavarian Palace but in response to our concern over the
senior citizen R/V and trailer operators utilizing the campground entrance.
I see no particular problem with traffic of an amusement/restaurant nature
utilizing the just constructed entrance onto Round Pond Road. The Round
Pond Road intersection with Rt. 9 is maintained and controlled by the NYS
Dept. of Transportation but I note the sight-distance is good, and although
not specifically researched, I know of no out-of-the ordinary accident
history there. The biggest congestion right there is probably caused by
Martha's Soft Ice Cream stand. Some delays occur during the summer season
but delays are certainly anticipated.
What traffic exits the Bavarian Palace and travels eastward will have a
road that isn't the best. Discussions continue as to methods of alignment
improvement. In any event, I think eastbound traffic would be much the
smaller amount.
£ ,/t-II/.3¡ r FI
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fle control of development is not a function of the County driveway permit
process. We accept development as allowed by Town zoning and endeavor to
allow prudent, safe, financially reasonable access. This applies equally to
Shop and Save, the Bavarian Palace, or John Doe's woodlot.
From my personal viewpoint, I do not see traffic as any particular problem
with the Bavarian Palace at all. The entrance is fine. The Rt. 9 inter-
section has good sight-distance and turning lanes on Rt. 9. The lights at
the Great Escape create a southbound gap in traffic. Compared to the same
development on Rt. 9 with one more driveway, it's probably even a more
desirable location.
!,
I'm sending a copy of this to the various boards, etc., and would be glad to
answer any questions anyone has.
ve~Y !t~urs.
Þred ustin, ~:E.
superintendent
Warren County DPW
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cc: Steve Borgos
Charles Wood
Queensbury Planning Board
Queensbury Town Board
Dan Kane
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STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
84 HOLLAND AVENUE
ALBANY. N.Y. 12208
JOHN E. TAYLOR. P E
REGIONAL DIRECTOR
FRANKLIN E. WHITE
COMMISSIONER
August 9, 1988
Ms. Lee York
Town of Queensbury
Bay Road
Queensbury, NY 12801
Re: BAVARIAN PALACE
ROUND POND ROAD
WARREN COUNTY
Dear Ms. York:
As per your request, we have completed a preliminary review or the
traffic study of the impact of the subject project on the intersection
of Route 9 and Round Pond Road. We have the following comments:
1. Our copy of the report was missing page 13 which discussed the
intersection capacity analysis. From the conclusion on page 14,
we infer that the level of service analysis showed that traffic
exiting Round Pond Road would experience an unsatisfactory level
of service (E) and thus it was reconunended that a lane be added
to the Round Pond Road approach to Route 9. While the level of
service for vehicles turning left onto Route 9 would remain E,
such a lane would help the heavier right turn movement and we would
have no o~~ections.
2. We question the appropriateness of the study. The study is for
a banquet (only) facility on Saturday from 1 to 2 p.m. Is this
really the time of such a facility's peak impact? We would guess
such a time would be limited to wedding receptions. How about
other times? Will the facility serve as a general restaurant at
other times?
If you have any questions, please call Jan Meilhede at 474-6377.
~Y~.r~!
Re:~~:a~·T~:~~rC Engineer
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cc: H. F. Steffens, Warren County Residency
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