Loading...
1988-10-25 -- ----/ QUEEBSBURY TOWR PLAIIIIIBG BOARD Regular Meeting: Tuesday. October 25, 1988 at 7:30 p.m. Present: Richard Roberts, Chairman Peter Cartier Frank DeSantis Hilda Mann Joseph Dybas Lee York. Senior Planner Quentin Kestner, Town Designated Consultant/Engineer Fire Marshal Bodenweiser Mary Jane F. Moeller, Secretary (temporary) Absent: Victor Macri Chairman Roberts called the meeting to order at 7:30 p.m. NEW BUSIBBSS MINOR SUBDIVISION NO. 6-88: PRELIMINARY APPROVAL Jeffrey Kilmartin The application is for a Subdivision of l8.73 acres into four (4) lots on Dream Lake Road, SR-30. Zero feet of new road. (Article 3, Section 2 Subdivision Regulations.) Jeffrey Kilmartin represented the application and explained that the property goes from Dream Lake Road to Bay Road. He would like to take four acres off the north end of the property, l.3 acres, 2.62 acres (lot includes the brook, which has 50 feet of wetland and is nonusable), and 14.6 acres for himself. Mr. DeSantis noted that the filed plat is to include the fact that all entrances to the lots will be off Dream Lake Road and not Bay Road. Additionally to be noted is that the eastern most lot cannot be further subdivided. The Board agreed that Mr. Kilmartin is to submit a more professional plot plan on one sheet of paper, including topography work (2-foot inter- vals), entrances to be delineated, road to be defined. the lots are to be numbered and identified on Dream Lake Road. In addition, the statement -All entrances to all lots will be off Dream Lake Road.- is to be stated on the plat, 80 it can be enforceable. The septic system is also a con- cern that it has to be back from the stream as far as possible. and with consideration that it has to be lOO feet from the wells. íL... Raymond Buckley's letter of 10/24/88 was read (Exhibit A), noting his recommendation of the placement of standard tile fields on the lots and lOO feet separation between the sewage disposal system and the wells. 1 - ----' Mr. Kestner discussed his modifications dated 10/24/88 (Exhibit B). in- cluding a relocated distribution box and absorption field for Lot I and that the proposed absorption field for Lot 3 be more than 200 feet from the stream located east of the proposed house. Ho co...nt. from the audieace. Mrs. Mann moved APPROVAL of Minor Subdivision No. 6-88, PRELIMINARY APPROVAL, Jeffery Kilmartin, with the stipulation that he return with the requested changes in the mapping with the driveways going off Dream Lake Road of the three-lot subdivision, and a stipulation be placed on the map that the last designated lot will not be subdivided further. Seconded by Mr. Dybas. Passed Vaaniaously SITE PLAN NO. 53-88 Charles Taylor The application for automobile tire sales and minor auto repair. (Article 4, Section 4.020-j) Richard Morse, P.E., Morse Engineering, represented the applicant. The project lies on the western side of Route 9, south of the entrance to the Drive-In Theatre. There was an existing service station on the south- ern side of the lot. In 1984, there was a proposal before the Board, which called for a three-phase construction for an additional structure on the site to facilitate the installation of auto parts. Under Phase I, there was a requirement that the tanks be extracted, this was done. Dur- ing the erection process of the building, the building collapsed and has since been rebuilt. There is a letter addressed to the Building Depart- ment in corroboration with an independent consultant that the building is structurally sound. Mr. Taylor has recently closed on the site and is pro- posing to initially make the site a tire sales and installation facility, with minor repairs coming this year or in the Spring, which would include alignment and brakes. Presented to the Board at this meeting were modifications to the park- ing areas, in addition to the planting plan and aesthetics which will take place on the site. Mr. Morse stated that approvals were received from the Warren County Planning Board and the Beautification Committee (Exhibit D). The proposal is to remove the existing gas island, retaining a small portion where another small planter will be placed with a tire sign on it, which meets the Sign Ordinace. Fifteen (l5) parking spaces are provided, as required. Additional areas on the north side of the existing structure will be in gravel. The buildings will be painted white, with a red band 2 and a sign on the 30 ft. x 50 ft. building facing the road. The septic system has been dye-tested; a letter from Mack Dean is on file. No interference with surface discharges or surface discharges to the storm water system were shown. Storm water will be handled on-site. as there is a pre-existing drainage condition and it will remain. Mr. Kestner discussed his letter of lO/25/88 (Exhibit C). recommending project approval contingent on installation of a holding tank or new sub- surface disposal system. if any improper waste disposal should occur, a storm water dry well be installed; and the traffic flow pattern be al- tered. Mr. Kestner suggested that the applicant make one site entrance only and one site exit only, then the site will be conforming to Section 7.07l. In addition. the drawing shows a l6 foot separation between two parking areas, the Ordinance reads that as 20 feet. One space should be eliminated and added to the north side of the proposed tire installation storage building. His impressions is that it is a good use of the proper- ty. Mr. Roberts felt there would be an advantage to having the ingress on the north side of the road and the egress on the south side of the road. Messrs. Morse and Kestner had no objection. Mr. DeSantis was concerned about an existing driveway on the northern side of the property going to lands in the back, which are part of the theatre. He was informed that the driveway is used by a resident of the trailer, it has been there for at least 25 years. The property is commer- cial and will be fairly busy, he questioned having a private drive through a parking area. He was advised that there has been no previous problem. because the property has not been developed to the degree of the proposed project. Mr. Kestner felt that there should be an easement agreement. Mr. Taylor stated that there is a problem with snow in the winter. and the resident of the trailer will use the road at that time, there is an alternative road which could be used at other times. Mr. Taylor said he would discuss with the resident the use of the alternative road. Mr. Cartier noted that the pavement extends over the property line on the southwest corner. Parking is lO ft. x 20 ft. Fire Marshal William Bodenweiser stated that Mr. Taylor has been most cooperative as he refurbished the building as required, fixed the roof, presented the building properly, refinished the interior properly and has been in contact with the Fire Marshal, for the purpose of bringing the site into conformance. Public Hearing_ no comment Mr. Dybas moved APPROVAL of Site Plan 53-88, Charles Taylor. with recommendations of Quentin Kestner, present Town Designated Consultant/- Engineer. in addition to the following: 3 ~ l) a separate Entrance on the North end; 2) a separate Exit on the South end, 3) a holding tank and approved subsurface water system be installed. only if it is determined if the system in place has failed, 4) appropriate signage for -In- and -Out,· 5) a new map be provided with all changes; 6) a storm minimize road. water runoff dry to well be installed at the north end of the site to the entrance of the Drive-In movie theatre access 7) the northern most parking space along Route 9 be moved to the gravel area. Seconded by Mr. DeSantis. Passed Vaaaiaously SITE PLAR MO. 55-88 David P. Eastwood The application is for the modification to the previously approved sub- division on Zenas Drive, UR-10. The last lot on the left would be an addi- tion of property to the existing adjacent lot. (Cross Reference: Minor Subdivision No. 4-88; Article 3, Section 7B Subdivision Regulations). Sharon Reynolds represented Mr. Eastwood, who was absent due to ill- ness (Exhibit E). The applicant was before the Board previously, in anti- cipation of putting a building on the property, however, present plans are to add only the parcel to the property which he owns, which is between Dixon Road and Zenas Drive; there is a right of way off Dixon Road. Mr. Roberts clarified that this is a subdivision lot, which will be connected to the lot with the barn. He was advised that the storage barn will not come down, there are plans to paint it in the Spring. If approved, the final lot will be 18, 500 sq. ft. Mr. Roberts expressed concern that there would be a commercial lot within a residential subdivision; the barn is used for storing dramatic props for Mr. Eastwood's business. The Board did not understand why Mr. Eastwood wanted to purchase the pre-existing, nonconforming lot, when he had no plans to build on it. Public Hearing: Shawn Garvey: 38 Zenas Drive, Lot '38 4 Mr. Garvey represented his wife, Marcia, and himself. Since the pro- posal to join the vacant lot to the commercially zoned barn is obscure and, since prior promises of David Eastwood were never filled. after being made previously before the Zoning Board, Mr./Mrs. Garvey wanted to express a -no- vote to the proposal of joining the open field to the commercially- used barn, due to the ability that he will have in the future to do any- thing he wants with the area, it might distract from the living conditions and it might change the neighborhood. Rick Rothstein: 63 Zenas Drive If the project is approved. Mr. Rothstein requested to know what Mr. Eastwood could do and what would be his rights. Mrs. Mann answered that a duplex would be allowed. if the barn came down, there would be enough square footage. Mrs. Rothstein felt Mr. Eastwood could build a road going from Zenas Drive to Dixon Road, which would pass directly in front of the Rothstein residence. This would create objectionable traffic. There previously property. tions. was considerable discussion regarding when and how the lots were subdivided and exactly what Mr. Eastwood plans to do with the Ms. Reynolds did not have answers to some of the pertinent ques- James Ruscio: 55 Zenas Drive Mr. Ruscio felt a better purpose for the land could be found. rather than selling it to someone who might build a house. Zenas Drive is a dead end street and currently there are people who cut across the lawn on the subject property. Mr. Ruscio suggested that the Town buy the property. in order to give the snowplows enough room in which to turn around. It would also prevent anyone from buying the substandard lot. The Zenas Drive resi- dents do not want anyone to build on the property. Mrs. Mann suggested that the residents buy the lot. Mr. Ruscio also expressed his concern that Mr. Eastwood might make a road through the property, other people trespass directly through at the present time. Mrs. York explained to the Board that the Public Hearing portion of the meeting could be held open until Mr. Eastwood appears. Mr. Roberts verified that the Public Hearing will be held open. Ms. Reynolds and the Planning Board agreed to TABLE Site Plan No. 55-88. David P. Eastwood, until Mr. Eastwood is able to attend the Plan- ning Board meeting in person, so he can clarify his intentions. SITE PLAR HO. 56-88 Green's Appliances 5 '- The request is to alter the interior creating three retail sales offices at 682 Upper Glen Street. PC-1A. Tom Green was present on behalf of Green's Appliances. Mr. Green stated that he would not close on the property, unless the underground tanks were reøgved by the owner. The situation was discussed in a memo by Mr. Dusek to the Planning Board (Exhibit F). The owners have agreed that they will pay for this removal, however, possession will not be taken until the land is cleared of the tanks. Correspondence: Warren County approved, with comments, Beautification Committee approved, and comments from Dan Ling (Exhibit G1 - 3). Mr. Kestner discussed his letter of lO/25/88, which stated that off-street parking is non-conforming to Section 7.071; a Variance may be needed prior to approval. Mr. Roberts suggested that the application requires a Variance. before being reviewed by the Planning Board, specifically for number of parking spaces, access driveway width and the size of the indicated parking spaces. Mr. DeSantis felt more information on permeability should be obtained. as the applicant did not stated the percentage on the site. The Board requested that the number be stated on the plot plan. Another area of con- cern was the gravel parking lot, over a period of time, the gravel would move to the stream. The total square footage of the building is ll,OOO square feet; of which 6.700 sq. ft. will be used by the business. Mr. Roberts clarified to Mr. Green that the total square footage of the building must be taken into consideration, when determining the number of parking spaces. Mr. Green stated that the business is very low-traffic, three or four people at the most at one time. Prior to reappearing before the Town Planning Board, Mr. Green was advised to secure a copy of Dan Ling's notes and Mr. Kestner's letter. so that he will be knowledgeable on what is required by the Board for approv- al. Because of high level of concern of the Fire Department, it was also suggested that a railing be installed. Public Rearing¡ no comment Mr. Thomas Green and the Planning Board agreed to TABLE Site Plan No. 56-88, Green's Appliances, pending a Variance from the Zoning Board of Appeals, for more information on the suggestions made at this meeting and resolution of the underground tanks. SITE PLABRO. 57-88 6 ~ Fred Alexy The application is to expand a present den area with a l2 ft. x l6 ft. Solar Room and to continue a Sundeck across the east side of the house to the Solar Room. (Mr. Alexy noted that the Public Notice stated the dimen- sions to be l2 ft. x l4 ft.) Mr. Alexy verified to Mr. Roberts that he is scheduled to go before the Zoning Board of Appeals for a Variance for the sideyard setback and distance from the lake. Joe Roulier, also present on behalf of the application, stated that the proposed addition is within the 75 ft. mark of the lake. Addition- ally, the building is approximately 2 to 3 feet from the existing property line, as it is presently on the deed. Mr. and Mrs. Alexy own the adjoin- ing property to the south; he believes the lot is nonconforming and non- buildable within the Town of Queensbury. The sale of the property to the Alexy's was on the condition that no primary structure could be built on the property (see Liber 702 PAGE 20S, Exhibit I). Mr. Alexy explained that they prefer not to make the two lots into one parcel of land, because of the future possibility of retaining the adjoining land (for access to the lake) and selling the property with the present residence. Mr. Roberts apologized to Mr./Mrs. Alexy and Joe Roulier for a Staff error that the Alexy's were not scheduled to appear before the Zoning Board of Appeals prior to the Planning Board. Applications for both Boards were handed in simultaneously. The Board requested a determination from Counsel as to whether or not it would be proper to vote on the appli- cation, prior to the applicant's obtaining a Variance. Mr. Roulier asked if there were any problems to be addressed for clar- ification. Mr. DeSantis felt one problem is the use of the adjoining lot, accessory structures, slips in the dock, etc. Regarding the fact that the adjoining lot is nonbuildable, Mr. Alexy verified that the restriction is not in the deed, but was in a representation before the Zoning Board of Appeals at the time of sale. Counsel reviewed the application with the Board, the nature of the extenuating circumstances, the exact nature of the matter to be appealed before the Zoning Board of Appeals and Site Plan concerns by the Board. He stated that a potential problem that may impact the Planning Board from the Zoning Board of Appeals would be if the Zoning Board analyzes the requirement and feels it is not the minimal type of relief or sufficient practical difficulty has not been shown, etc.. then the application could return to the Planning Board. Mr. Roberts said that this type of approval has been given in the past, but also fairly recently there is a policy where there would be an attempt to get the Variances first. Mr. Dusek advised the Board that it did not have to vote on the matter at this meet- ing. or that it could conditionally approve the matter, with the under- standing by the applicant that if the Zoning Variance does not go exactly 7 - the way the Planning Board had the matter before them, then the applicant may have to reappear before the Planning Board. Based on Counsel's recommendations. Mr. Roberts felt it would be a hardship to the applicants not to address a vote at this meeting. Public Hearing: no comment Mrs. Mann moved APPROVAL stipulation that the Zoning setback from the lake and 2) approved, the applicant will application. of Site Plan No. 57-SS. Fred Alexy, with the Board of Appeals approve two variances: l) sideyard setback. If the Variances are not return to the Planning Board with a new Counsel reviewed the situation and stated that, if any Variances were to be granted that are limited to the application as currently presented, that that would not set a precedent and cause any difficulty in the future. Counsel also considered the fact that the applications were sub- mitted on a timely basis for presentation to the Zoning Board of Appeals, prior to the Planning Board. In addition, Liber 702 PAGE 20S (Exhibit I) is to be encorporated into the motion that the designated property will not be built upon in the future. For this application, the Town Planning Board has reviewed Sec- tion 5.070 (a-d) of the Town Ordinance. Seconded by Mr. DeSantis. Passed Unanimously Chairman Roberts adjourned the Regular Meeting at lO:l5 p.m. §¿LJ #- ~t Richard Roberts, Chairman 1/· /;. iF 8 ',--, ---' FltE~P-YL October 10. 1988 Raymond Buckley, P.E. Box 7 Star Route Glens Falls, New York 12801 <, Mr. Jeffery Kilmartin Bay Road R.D. 1 Lake George, New York 12845 Re: Sewage disposal systems - Dream ··Lake Road Town of Queensbury Dear Mr. Kilmartinj I have performed three soil percolation tests on the above referenced property as per New York State Department of Health procedures. The lots are a 1.0 acre lot on the southeast corner of Dream Lake Road and Bay Road known as lot one, a 1.38 lot immediately to the east known as lot two and a 2.62 acre lot to the east of lot two known as lot three. These lots are shown on a survey map made for Jeffery Kilmartin by Richard W. Bennett L.S. dated March 1988. I find the percolation rate to be less than 1 minute per inch for lot one, 1 minute and 20 seconds per inch for lot two and less than 6 minutes per inch for lot three. The test on lot three was done near the northwest corner and this is the only area on that lot that is suitable for sewage disposal. I would recommend placing standard tile fields as described in New York State Department of Health publication" Waste Treatment Handbook - Individual Household Systems" on these lots. The fields must be located so there is 100' separation between the sewage disposal system and the wells. The final grading around the tile field should divert surface runoff from the higher ground away from the tile field. ly sUbmitt~ Raymond Buckley, P.E. ~ E 'fll/lh r ¡:¡ . .-...,. "".....~.-..~~....;..,..... ~ . < ... 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. ONE KESTNER LANE TROY. NEW YORK 12180 518-273-7446 .. I I K. WAYNE BUNN, P.E. JAMES J. SHAUGHNESSY. P.E. JEROME THORNE. S.E.T. October 24, 1988 Ms. Lee York Senior Planner Town of Queensbury Queensbury Town Office Bay at Haviland Road Queensbury, NY 12801 RE: Minor Subdivision Site Plan No. 6-88 . Building Dear Ms. York: The proposed minor subdivision is located ~t the intersection of Bay Road and Dream Lake Road. An October indicates disposal. developing 10, 1988, letter from Consultant, that soils are acceptable for Such soils are also -usually a domestic well supply. Raymond Buckley, on-site sewage acceptable for Each lot exceeds the size required for zoning, and each lot fronts on a Town Road. The distribution box and absorption field for lot one must be moved so that it is more than 100' from the location of the proposed well. The proposed absorption field for Lot No. 3 is more than the required 200' from the stream located East of the proposed house. MUNICIPAL ENGINEERING WATER, SEWAGE, AND DRAINAGE SYSTEMS SOLID WASTE MANAGEMENT FEDERAL/STATE GRANT APPLICATIONS . PRECISION SURVEYING AND GROUND CONTROL TELEVISION PIPELINE INSPECTION, METERING & SAMPLING CONSTRUCTION MANAGEMENT AND QUALITY ASSURANCE -:.. '·~·?:~!!'f;"!lJfIJ',w,,,,_,~,_,~Y_~0~,~ì"?¡;.:~.1 _JL _UJ!\',o-,'¡, ,:<' '-\':;;;:~"'~>I:,}f~:;, ::;~~'(;;ifi:~~~';,:~,r::,;;~,<'~;'¡¡~:1$'I:'~;~l1l~\~}:,~':~:'ik"';'\:~.!,~j~"11~{,t!}:;"'""''.':~~, J £Y#-I(ßI1' (2 :s\1iIIJ.M'_~"",,~\!,·'~f.( !I'""'A,'~·''''~-~~''''' - ,; I l .. d < < .J \" M~. L~e York, Senior Planner -2- October 24, 1988 Wi th the above modifications, I would recommend approval of the subdivision. Sincerely, !' KESTNER ENGINEERS, Quentin T. Kestner, P.E. Vice President grK/cp cc: Richard Roberts, Chairmah of the Planning Board Hilda Mann, Planning Board Member Sete Cartier, Planning Board Member J eph Dybas, Planning Board Member rank DeSantis, Planning Board Member Victor Macri, Planning Board Member Susan Levandowski, Planning Board Member ...... « " -./ 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. ONE KESTNER LANE TROY, NEW YORK 12180 518-273-7446 I' K. WAYNE BUNN, P.E. JAMES J. SHAUGHNESSY, P.E. JEROME THORNE, S.E.T. October 25, 1988 ~.'\ ~< / Ms. Lee York Senior Planner Town of Queensbury Queensbury Town Office Bay at Haviland Road Queensbury, NY 12801 Building /)~ &...._·(l.Á~r ÚU--0 a<-~/r¿ c v-. __¿ ~',-<___ RE: Town of Queensbury·(TE) Site Plan No. 53-88 - Charles Taylor Dear Ms. York: As portrayed by the owners, the proposed tire and installation center is the site of a former full-service gas station which has been fully operational until its recent sale to Mr. Taylor. Water service is from the facilities of the Queensbury Water Storage and Distribution District and hydrants are in the vicinity of the facility. As indicated on the drawing, there is no known location for the sewage disposal system. The owner advises that the former owner did not experience any problems. This morning I asked Building Director, David Hatin, to advise of any known complaints. Mr. Hatin has advised that there are no violations on file. I also asked Consultant, Dick Morse, to run a dye test to insure that waste does not get into the State's storm-sewer system. The storm drainage appears to flow north and run downhill to the entrance of the adjacent drive-in movie theater. In spite of the heavy rains yesterday, I observed no washout or flooding. The off-street parking is non-conforming to Section 7.071 as: 1. There is ~ physical barrier separating the ingress and egress area of the access point. 2. Access points are not separated by adjoining points by 150 feet. MUNICIPAL ENGINEERING WATER, SEWAGE, AND DRAINAGE SYSTEMS SOLID WASTE MANAGEMENT FEDERAL/STATE GRANT APPLICATIONS . PRECISION SURVEYING AND GROUND CONTROL TELEVISION PIPELINE INSPECTION, METERING & SAMPLING CONSTRUCTION MANAGEMENT AND QUALITY ASSURANCE ¡: X#/ {fll 'T (!..., -------- ,_/ ---./ Ms. Lee York, Senior Planner -2- October 25, 1988 3. The access road is less than 20' wide at one point (indicated as 16' wide). I would reconunend project approval contingent on the following: 1. That the owner agrees to install a holding tank or new subsurface disposal system if any improper waste disposal is attr~buted to this site. r :,-20 That a storm-water dry well be installed at the ) north end of the site to minimize runoff to the '..-.' entrance of the drive-in movie theater access road. 3. That the traffic flow pattern be altered to conform to Section ~.071 and that the narrowed part of the access be increased to 20'. Sincerely, KESTNER ENGINEERS, P. C. C>~~-- Quentin T. Kestner, P.E. Vice President QTK/cp cc: Richard Roberts, Chairman of the Planning Board Hilda Mann, Planning Board Member Peter Cartier, Planning Board Member Joseph Dybas, Planning Board Member Frank DeSantis, Planning Board Member Victor Macri, planning Board Member Susan Levandowski, Planning. Board Member '--- TOWN OF QUEEN5BURY COMMITTEE 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 TOI (x) Warren County Planning Board Date. 10/10/88 (x) Queensbury Town Planning Board { ) Queensbury Town Zoning Board of Appeals (x) APplicant Res Site Plan 53-88 Charles Taylor Lake George Road We have reviewed the request fors( ) Variance, (X) 5i te Plan Review, ( ) Other - and have the following recommendationss (x) Approval, ( ) Disapproval This property has been an eyesore for years. It looked more like a disaster area than being occupied by a prosperous business with a partially completed building and an old gas station that was sorely in need of sprucing up. The new owner will remove the gas island, retaining the sign structure which will have a small planter at it's base. The old gas station will be painted as will the other building to the north which will have an attractive band sign. A tree is planned for the southeasterly corner and the evergreens on the south side of the building near the property line will be retained. Along the west and north sides of the property spreading yews will be planted. This area has already 'been cleaned of weeds. An existing oak near the back corner of the newer building will be retained. Parking spaces for owner and an employee will be provided on gravel to the north of the newer building. There will also be three parking spaces toward the highway from the older building. This should greatly improve this property and improve the ~ppearance for the area. In addition to the above landscaping, screening and planting provisions, the Committee wishes to go on record that.it does not approvel 1. Non-conforming signs, 2. Plastic or arttf'icial trees, shrubs or flowers. In approving the above (or'attaohed plans), the Committee has the expressed or implied agreement of the applicant to replace immediately dead trees, shrubs or plants, and to give p,roper maintenance to all Plan~ings. All rubbish containers or dumpsters shall be screened, all plant1ngs shall be mulched and trees shall be retained or planted, as agreed. ~ll~bmitted. Robert L.~ddÝ.~~ E '#I-/~/ T ..L) < ':Cd .. -".- ;'i'Jl. -~~ '-- e -.../ ft eastwood business associates Octobe~ 25, 1988 Memberss of the Queensbury Planning Board: Due to illness, I am unable to attend tonight!s meeting. However because I am aware of the concern of the surrounding property owners, I felt I should send this statement in with my associate. Sharon Reynolds. I hope to acquire the Zenas Drive property to add to my existing property between Dixon Rd. and- Zenas Drive. There will be no changes made to the property and no building is planned on the property. Respectfullysuqmitted. ~~ David P. East ... . RK#/BIT ¿;;- p.O. box 266 · lake george, n.y. 12845- (518)668-9258 or 668-2198 .~{ Jown 0/ Queenjbur'1 Q!)EENSBUR Y TOWN OFFICE BUILDING <'-:c~l~·· BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 liE 110 TO: Planning Board FROII : Paul B. Dusek, Town Attorney DATE: October 25, 1988 RE: Site Plan Review at Green's Appliances Underground Tanks Regarding the above-referenced matter, please find attached a memo from Mr. Bodenweiser regarding storage tanks which were discovered on the propert y. Since this will have an impact on site plan review, we are presently exploring the complete legal impact of this matter. However, we will not have an answer until after this meeting. PBD:pam / SETTLED 17,)1... HOME OF 'L'ìur'Al. !\E~,:ITY... ^ GOOD PLACE TO LIVE ¿;:XIf¡ßI7 p --- / TO: The Planning Department Town of Queensbury .. '... .. __~ I.t . i......,. Mo.n.....n.. <---'" FROM: N. W. Bodenweiser, Fire Marshal October 24, 1988 Underground Tanks on Property Owneã by Gilligan & S. Pitcterello - Tax Map l02-l-tO - Route 9 and Foster Avenue. DATE: SUB: In the process of digging for sewer lines in the vicinity of Foster Avenue and Route 9, several fuel undergroung tanks were discovered and must be abandoned as per N.Y.S. Fire and Building Code 1164.5, titled "Abandonment or Removal of Any Class 1-11-111 Liquid Storage Tank". The section of law is attached. It is the opinion of this office that the exposed tanks and others that are suspect of being in the same area, be abandoned, as required by law. We would expect these tanks to be abandoned, as required by law, within fifteen (15) days. NWB/gp cc: Paul Dusek, Town Attorney William E. Montgomery III Attorney jJJI {Jd¡tlUå~ N. W. Bodenweiser Fire Marshal 1ftï .. jþA (I 1 I (ì (i Lð/tcy . ()Ái\)X: , < . I ~ l) .V'}. (}J . 0 ~. " ~v ~r"r ~t iff tJ1v'~~r Œ j'f )01 0 ¡( rJJJ / ;// / /' ,'1 r tI 1184.5 Abandonrdiht or h_moyal of Any CI..." fiend III LIquid ~noragê T.r" ~ . .1184.5. Storage tanks rendered temporarily out of service for a period õ(30 days to one year shall be made safe by capping the fill line, gage opening, and pump suction and s,curlng against tampering. 1184.5b Storage tanks not placed back In service within one year must be removed or abándoned In placE' with proper safeguarding. ~184.5C All storage tanks abandoned In place shall be made safe by removing flammable or combustible liquids from the tank and connecting lines; dIsconnecting the suctton, Inlet, gage, and vent lines; filling the tanks completely with an Inert, solid materIal and capping the remaining pIping. 1184.5d All storage tanks removed from their location shall be made safe by rmovlng flammable or combustible liquid. from the tan~ at)d c~nnectlng 1<! ·....1 " ~ .,' .-/ lines, disconnecting the euctlon. Inlet, gage, snd vent lines, removing sections of connecting lines nöt to be used further, end capping or pluggIng Inlets, outlets, and leaks, If any. 1184.5_ The code enforcement official shall be notified by the owner of the storage tanks whenever tank* are rendered temporarily out of service, abandoned In place' or removed. '\ , 1184.5' All storage tanks disposed of as Junk shall be rendered free of hazardous vapors. , 1184.50 Above ground tanks whIch have been removed shall not be . ) reinstalled until the tank has been appropriately cleaned, repaired IV necessaty, tested and made corroslor\ resistant. These tanka shall not be used for underground storage. . 1184.5h Underground tanks which have been removed from the ground shall not be used for the storage of any Class I, II or "' liquid or any other hazardous chemical, unless approved by code enforcement official and reinstalled accordIng to generally accepted standards. 1184.51 In cases where tanks are either rendered "temporarily out of servIce" or permanently abandoned, records shall be supplied to the code enforce~ ment official of tank size, location, date of abandonment, and method used for placIng the abandoned tank In a safe condition. , '--' -< WARREN COUNTY I /1 ' - " PLANNING BOARD Warrcn, County Munic'pal Ccnlcr Lakc Gcorgc, New York 12845 rC1C¡.H\onc ~18,161·6410 DATE:October 12, 1988 RE: ,56-88 TO: Queensbury Planning & Zoning Town Office Bldg. Bay & Haviland Roads Queensbury, N.Y. 12804 Green's Appliances 682 Upper.Glen Street Centlemen/Ladles: day At a mee tLng of Octob~r to loc~te of the Uarren County Planning Board, held on the 12th . the abc)ve appl1ca t ion for Site Plan Review retail salesl office on existing 11460 sq. ft. building. "'as revie",ed. and the follo"'1.ng action ",as taken. Recommendation to: ex> Approve ( > Disapproval. ( ) Modify 10Ilth Condicions ( Commcnt: RcHurn {3j) CO#c~¿i) wil# 'I1NðS~.I9-p~Ñ'", Z:"" ~N'()ul.ð /.m¡p~~(,I.ct J'9pP1'7.e..-,~ ~ Cð. v/~Ct.lSSt'ÒN /1'8ou~ :5~¡p¿,.e""""tÍ~ ð,ß.¡L IN44,v /1,,~t./~HN~ ?/iÃ! It/:VI ¿~ ~ ~ J)""'AIA"/4' l>o~6J1'/.ud·~ ~(;JI"'. N"',..~,,(J"~ V¿#ICU.s NuVJ t.ts.e Ñ./~ ¿:o~~.s ø",~....~,..., - ----J:'!~~1!..~_1~.'Î~.¿'!.(..¥_ !""~~~~d__'!!.~!:!.e~Lf~~~~J.¿,_~___ __?:.:~""!~~~ _~ :_Ù/itÞÑ' co (..() íJ /Z /' N J~'" Ie is the policy of the ~arren County Pl.anning Board cofollo~ the / I d /,...",0#", T#é- proce ures of the Ne~ York Scate General Municipal La 101 , Section 239-M, ~ r 1oI1ch d f d d leµ6 0,- < regar to Municipal Zoning actions that are re erred to an repQrce rHH-~ Pll,jJ- thereon. The fo1101ol1ng are procedural requirements that !\\Use be adhered ~^ toy /./..1.- to: ,_,c. (/ ',</"'J 1.) The \.Jarren County Planning Board shall reporc its recomlllendac ions o~ réNe~~, to the refe~ring municipal agency. accompanied by A full stAtement for such actions. If no action is caken ",ithin thirty (30) days or agreed upon time, the municipal agency may act ",ithout such report. 2.) If the recommendation 1s for disapproval of the proposal. or modif1cation thereof. the municipal agency shall not act contr...ry to such action except by a vote of a Majority plus one of all the mCMbers thereof and afcer the adoption of å resolution fully setting forth che reasons for such contrary actions. J.) \.Jithin seven (7) days after the· final action by<thc munic1p.11 agency having jurisdil:tion on the recommendations, mod1!icaUo"s or disapproval of a referred mAtter, such municipnl1.ty agency shall CiLe a report ~lth the ~Rrr~' C r;;;~l n Board on the neC~!¡5ßry form, , , . ß)t#Iß¡ 7' (;/ ~:r~_ 1Wt,'h&ll_~ l_ !L _ 1I.....,..'o\~ '- TOWN OF QUEENSBURY OOMMITTEE 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 TOI (x) Warren County Planning Board Datel 10/10/88 (x) Queensbury Town Planning Board { ) Queensbury Town Zoning Board of Appeals (x) APpli cant Re. Site Plan #56-88 Green's Appliances Upper Glen corner of Foster Avenue We have reviewed ths l'é:,-!uest for. ( ) Variance, (x) Site Plan Review, ( ) Other - and have the following recommendations. (x) Approval, ( ) Disapproval The plans for plantings will greatly improve this property and the surrounding properties. Parking will be eliminated in front of the building with parking to be placed on the northerly side. The parking lot will have gravel so it will be permeable. Snow will be pushed toward the back corner near Dunkin' Donuts where there is a stream that enters a culvert and goes underground under Upper Glen Street.in a northerly direction. Cars for the office planned at the Upper Glen/Foster Avenue corner of the building will be parked on the Foster Avenue side. The blueprint shows plantings in front of, the building and in the parking lot toward Dunkin' Donuts. An existing spruce tree in front of the proposed parking lot will be retained. MUlching of al.l plantings is recommended. In addition to the above landscaping, screening and planting prov~s~ons, the Committee wishes to go on record that it does not approve. 1. Non-conforming signs, 2. Plastic or artificial trees, shrubs or flowers. In approving the above (or attaohed plans), the Committee has the expressed or implied agreement of the applicant to replace immediately dead trees, shrubs or plants, and to give þroper maintenance to all plantings. All rubbi~h containers or dumpsters shall be screened, all plantings shall be mulched and trees shall be retained or planted, as agreed. ~t~UllY .__SUbm~..:p~d~' . '-,.../ .)~.f:.µ-Yþ' '-f. I'o? ~,{ t? ..- ~obert L. Eddy, Cha~rm ~'f.H(l9lr ?:L "'""'-~~"~~_'~~~-"_~~."'~''"~?t··~ :J..~.~=~:":'>::':'~.'~~.::tt~'U:~!,~~~~~z".¡x.,·,~,.....,.cÆiL''''' - --d>. ~. '--' Jown 0/ Queenjbul''j - .~. ~ -NOTE TO FILE- /i¡hg DA Pla"lniT'lg and Zoning Departmeat DANIEL LING, ASSISTANT PLANNER Application Number: ~ 56.... 2> 8 Applicant/Project Name: ~r'P-" V1,~ . thè¡Yi C e 9 n~M~,l my, / ,./ / I· / II /111'Yv, -rf/tl. ðltfl¡ 32.. Q{",¿ L æ C'r-()ìX A(¡ ~ q J:¿~. \,,'l'....-: (/V,/ l'P"r,:'! " G) ~ s: U I I Ix I ~ .~/), »í , ) Cf<) ~ter>VI- ¡. .. lJ,þr ~~ DAIœLI.ING . .' Assistant Planner BAY AT HAVilAND ROAD QUEENSBURY. NEW YORK, 12801 TELEPHONE: (518) 792-5832 SETTLED 1763. . . HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE ¡:ç it-I-¡ ~ /1 ç.. 3 . ';' ,·.-.",...",_~...n__"""-"""'''''''""'-''-·''''''·- .....-..~".,_.,-.-..~. , /V / / 1/' .-/ ,./ 'V , /// ," ~/ /J // // / Jown 0/ Queenðbuf''fj --,' .~' nso -NOTE TO FILE- pþnn¡f'g and Zoning Department DATE DANŒLUNG,ASSŒTANTPLANNER Application Number: Applicant/Project Name: ~ aT .... '. . DANJELLING Assistant Planner BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 TELEPHONE: (518) 792-5832 SETTLED 1763... HOME OF NATURAL BEAUTY... A GOOD PLACE TO LIVE / ~l ....'.... ......... . . 11/ ~ --- ESTABLISHED IN 1955 KESTNER ENGINEERS, P. c. CONSULTING ENGINEERS JOSEPH A. KESTNER. JR., P.E., loS. MARK L. KESTNER, P.E. QUENTIN T. KESTNER, P.E. ANTHONY M. KESTNER, 8.5. ONE KESTNER LANE TROY, NEW YORK 12180 518-273-7446 " " I K. WAYNE 8UNN, P.E. JAMES J. SHAUGHNESSY, P.E. JEROME THORNE, S.E.T. October 25, 1988 Ms. Lee York Senior Planner Town of Queensbury Queensbury Town Office Building Bay at Haviland Road Queensbury, NY 12801 RE: Town of Queensbury (TE) site Plan No. 56-88 Dear Ms. York: As portrayed by the application, the proposal is to convert an existing paint-sales operation to an appliance-sales store. The facilities of the Central Queensbury Quaker Road Sewer District and the Queensbury Water Storage and Distribution District will serve the building. Site drainage to either the front or rear of the site will not be altered by this site plan as no contour changes are indicated. No visible drainage way off the site was observed except to a catch basin. The off-street parking is non-conforming to Section 7.071 as follows: 1. Each space is 9' -0" X 20' instead of the required 10' X 20'. 2. The calculated number of spaces by Section 7.072' s schedule is 63. A total of 31 'spaces is indicated. 3. The access driveway is limited to 12' at one location instead of the required 20'. Based on the above a variance for the non-conforming aspects of the parking may be needed prior to approval. MUNICIPAL ENGINEERING WATER, SEWAGE, AND DRAINAGE SYSTEMS SOLID WASTE MANAGEMENT FEDERAL/STATE GRANT APPLICATIONS . PRECISION SURVEYING AND GROUND CONTROL TELEVISION PIPELINE INSPECTION, METERING & SAMPLING CONSTRUCTION MANAGEMENT AND QUALITY ASSURANCE ¡ç ý¡-I-/ß,/7 ¡r , J < , \.............. Ms. :Lee York, Senior Planner -2- October 25, 1988 I am also advised by Fire Marshall Bodenweiser that the site contains abandoned buried fuel storage tanks that must be brought into conformance by Town regulation. The Board should review correspondence on this matter from Mr. Bodenweiser and Town Attorney, Paul Dusek. " " I ! Sincerely, .~:....... KESTNER ENGINEERS, P.C. ~~ø~ Quentin T. Kestner, P.E. Vice President QTK/cp cc: Richard Roberts, Chairman of the Planning Board Hilda Mann, Planning Board Member Peter Cartier, Planning Board Member Joseph Dybas, Planning Board Member Frank DeSantis, Planning Board Member Victor Macri, Planning Board Member Susan Levandowski,' Planning Board Member yAIIl !'-~infIRO.NMt:N J AL ASSESSMENT (To be cOrTI¡;ìeled by Agency) [A."DOES ACTlOÑËXCEED ANY TYPE I' 'SHOLD IN 6 NYCRR, PART 617.121 "yes, coordinate the review procen and ua FULL EAF. D~ Œ~ - - B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 817.81 " No, a negallve declarallon may be superseded by another Involved agency. Œl Yes 0 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Exlsllng air quality, surface or groundwater qua Illy or qusnllty, noise levels, existing traffic patterna, solid waate production or disposal, potenllal for erosion, drainage or flooding problems? explain briefly: No. The action is a local law allowing projects to be reviewep under the Ordinance which was in force when the project was submitted. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resourcesj or-communlly or neIghborhood character? explain briefly: II It C3. Vegetation or fauns. fish, shellfish or wildlife species, slgnlflcsnt habitats, or threatened or endangered species? ExplaIn briefly: " 11 <0<4. A community's existing plans or goals as officially adopted, or a change In use or Intenslly of use of land or other natural resources? Explain briefly " It C5. Growth, subsequent development, or related activities likely to be Induced by the proposed actlon1 Explain briefly. " " 06. Long term, short term, cumulative, or other effects not Identified In C1.(:51 explain briefly. II " . <' C7. Other Impscts (Including changes In use of either quantity or type of energy)? explain briefly. . " " D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONME.NTAL IMPACTS? DYes [»¡o If Yes, explain briefly PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse !tffect Identified above, determine whether It Is substantial, large, Important or otherwise significant. Each effect should be assessed In connection with Its (a) setting (I.e. urban or rural); (b) probability of occurring; (c) duration; (d) Irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adequately addressed. o o Check this box If you have Identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL EAF andlor prepare a positive declaration. Check this box If you have determIned, based on the Information and analysis above and any supporting documentation, that the proposed action WILL NOT result In any significant adverse envIronmental Impacts AND provide on attachments as necessary, the reasons supportIng this determination: TOWN BOARD - TOWN OF QUEENSBURY Name of lead ^Iency Silnature of Responsible Officer in lead ^Iency Stephen Borgos Print or Type Name of Responsible Officer in lead ^Iencv Date 2 "- -..-" AGENDA FILE COpy TOWN BOARD MEETING-SPECIAL OCTOBER 17. 1988 4:00 P.M. PLEDGE OF ALLEGIANCE LED BY SUPERVISOR BORG OS I~ PUBLIC HEARING A. Proposed Local Law-Est. procedures and substantive law for the review and approval of site plan, subdivision, planned unit development. and building permit applications. submitted prior to the effective date of the Zoning Ordinance No. 58 of the Town of Queensbury. II. RESOLUTIONS A. Res. adopting negative decl arati on B. Res. re: L.L. ~ ~/ II I. DISCUSS ION A. Earltown PUD