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1988-10-18 '---' -< QUEENS BURY TOIßI PLAIIlIIBG BOARD Regular Meeting: Tuesday, October 18, 1988 at 7:30 p.m. Present: Richard Roberts, Chairman Peter Cartier Joseph Dybas Hilda Mann Victor Macri Paul Dusek, Town Attorney Lee York, Senior Planner Quentin Kestner. Town Designated Consultant/Engineer Mary Jane F. Moeller. Secretary (temporary) Absent: Frank DeSantis Susan Levandowski Chairman Roberts called the meeting to order at 7:30 p.m.. Minutes of four previous meetings were discussed: 9/20/88: stand as corrected. Page 2; 5th paragraph site distance is not at the .. sIb .. delete .. is not.. Page 2, 6th paragraph be cut ~ to Dixon Road sIb.. delete .. to Page 5, 3rd paragraph land is top soil.. sIb .. land is too good in terms of high perc rate. 9/26/88: stand as written. 9/27/88: stand as corrected. Page 7, 2nd paragraph permitted to change~ .. sIb .. permitted to change Page ll, 3rd paragraph Delete sentence Mr. DeSantis also .... will not be made. 10/13/88: stand as written. Mr. Macri moved APPROVAL that Mary Jane Moeller act as 'l'emporary Secretary for the Planning Board pending approval of Staff. Seconded by Mr. Cartier. passed Unanimously OLD BUSI.US 1 '--' SITE PLAN HO. 32-88 Edwards, Williams, McManus, Ricciardeli, Coffey, P.C. Glenwood Properties This application is for an addition to the Accountant's Office, 79 Glenwood Avenue, HC-15. Mr. Dick Jones, and stated that he parking. Mr. Roberts tion: of Richard Jones Architects, represented the project did go before the Zoning Board for a Variance on the reviewed the previous Planning Board 8/16/88 Resolu- l) removal of all existing blacktop along Half Way Brook to a distance within 20 feet of the Southwest corner of the building (approximately lO parking spaces), 2) removal of three parking spaces along Glenwood Avenue closest to the entrances, and 3) construction east end of end of the direction. of no more than 23 hard surface parking spaces on the the property. with those spaces commencing at the North property at Glenwood Avenue and proceeding in a southerly It was agreed that the above items have been adhered to by the appli- cant. Public Hearing: no comment Correspondence: approved. Mr. Dybas moved APPROVAL of Site Plan No. 32-88, Edwards, Williams, McManus, Ricciardeli, Coffey, P.C.. as the applicants have met the require- ments of the Resolution of the August l6, 1988 Planning Board Meeting. when the application was Tabled. In addition, the requirements of the Town Ordinance have been met. The Planning Board has reviewed Article 5.070 (a-d) of the Town Ordinance (Exhibit A). Seconded by Mrs. Mann. Passed 4 Yes (Dybas, Mann, Roberts, Cartier) 1 Abstain (Macri) 2 Absent (Levandowski, DeSantis) SITE PLAN RO. 35-88 Thomas J. and Marybeth T. Babcock 2 '--- The application is to knock down the existing house to the first level and build a new structure on top at West Glen Lake, SFR-30. Applicant is building a two-story, single family dwelling to be used on weekends and for a few weeks in the Summer Season. Directions: Glen Lake, Glen Lake Road to Birch Road to Chestnut Road. Murray Forth is agent for the applicants and noted that the applica- tion was Tabled at the 9/20/88 Planning Board Meeting for more information regarding the well and septic systems. Jim Hutchins of Morse Engineering explained that he reviewed the site. He stated that there is an existing shallow well at the corner of the house and, based on the lot geometries (50 ft. wide x l50 ft. deep). no semblance of a separation distance can be maintained, therefore, the only alternative is a holding tank. Mr. Kestner reviewed his lO/l3/88 letter (Exhibit B). In addition, Mr. Kestner stated that he and the Building Department will be developing Standards for this type of situation. Public Hearing. no comment. The applicant submitted the EAF form, showing no positive answers. Mr. Forth advised the Board that there will be an alarm installed on the tank. Bob Corrigan: direct neighbor representing his mother. Mr. Corrigan asked for plot plans, in order to determine what was to be done on the property, elevations were important. because of the view. He was also concerned about the 2000 gallon holding tank, which will be placed between the house and garage. Mr. Corrigan was informed that neces- sary information was presented to and approved by the Zoning Board of Appeals on 10/28/88. Cal Powers: neighbor to the North Mr. Powers asked if the Planning Board had the authority to overrule the Zoning Board of Appeals. Answer: Ho. He was concerned that the struc- ture will be within seven feet of his property line. Public Hearing Closed. Mr. Macri moved APPROVAL of Site Plan No. 35-88, Thomas J. and Marybeth T. Babcock. based on the recommendations by the Town Designated Consultant/Engineer that the items regarding the holding tank be adhered to, including the fact that the applicant agrees to have an alarm on the tank. The planning Board has reviewed Town Ordinance Article 5.070 (a-d). 3 <-' ---./ Seconded by Mrs. Mann. Passed Unanimously SITE PLAR NO. 38-88 Empire Video Superstore Movin Movies, Inc. The application is for a Video Store, retail space rentals and sales ov video movies. at a location on Route 9, Upper Glen Street, PC-1A. Directions: South on Route 9 towards Glens Falls. on the right hand side just beyond the Grand Union. Mr. John Nigro, owner of Glen Square, represented the project. Mr. Roberts noted that this application was Tabled by the Planning Board at the 9/20/88 meeting for redesign and more information; he also mentioned that some of the items requested were not done. Mr. Nigro reviewed comments by the Beautification Committee (Exhibit C). Mr. Cartier discussed the minutes from the previous meeting, especial- ly in regards to permeability and the removal of ten parking spaces on the southeast side of the site. Mr. Nigro stated that, if the ten spaces were removed, there would not be sufficient parking to support the volume of the store; a concern which is shared by his tenant. Charles Mench. In addition, he advised the Board that spaces around the shopping center do not service the subject building. Mr. Nigro feels that the parking situa- tion would be worse if the ten spaces were to be removed. Mrs. Mann dis- agreed stating it is not safe to have vehicles backing into a roadway, and that more business will be conducted at night when there will be fewer customers in the shopping plaza. Mr. Nigro explained that a California Company bought the Rustler Rest- aurant approximately two years ago and elected, for geographic reasons, to close the restaurant. It has taken Mr. Nigro almost two years to come to an agreement with the Video Store. The major problem in securing a tenant has been the proximity of parking to the building. Another Video Store takes in over $l l/2 MM a year, there is nothing in this area that could compare with the proposed store. Mr. Cartier reiterated that a plan in compliance with the Town Ordin- ance will have to be submitted, it must include 20% permeability. Public Hearing - continued Claude Charlebois: owner Glen Beverage (next door to the South). 4 '- Mr. Charlebois stated that his parking lot was filled when the Rustler Restaurant was in business, there is a shortage of parking spaces. He did suggest that some cars could be parked in the area of the leach field, be- cause it will be hooked up to the Town lines. Also, Glen Beverage custom- ers will be deprived of parking spaces, if the proposed business has its space allotment cut. After further discussion regarding traffic, Mrs. Mann suggested a traf- fic study, designated avenues with trees and curbs and properly channeled traffic control. The entire site should be taken into consideration. Mr. Kestner confirmed that the leach field will be abandoned, it is a raised septic field - a mound system. Mr. Nigro again stated that removing spaces just to put in green is not a financial problem to him but, by taking the spaces away and adding greenery just to get to a number, is a serious problem and a mistake for the Town. Mr. Macri said the building is Mr. Nigro's problem, the Town's problem is permeability and safety for the public. Charles Mench, tenant, stated that another Video Store averages 100 people/hour; seven days/week, 365 days/year. Hours are 10:00 am - ll:OO pm. Rental is $2.00 - $2.50/night. Public HeariDg Closed Mr. Roberts felt that clarification of the Site Plan is needed in re- gards to the 8+ acres, permeability and parking. He also requested a traf- fic study. as the Board has not been convinced that the proposed parking is necessary. Mr. Nigro and the Planning Board agreed to TABLE Site Plan No. 38-88, Empire Video Superstore. as more information on the entire parcel is justi- fied. Quentin Kestner, Town Designated Consultant/Engineer, confirmed to Mr. Roberts that he would become involved in the application. SITE PLAN RO. 48-88 Charles and Patricia Mouzalas The application is for new siding on the first level and for a new second level, three bedrooms and a full bath at Sunnyside North, SR-30. Directions: North on Bay Road, right on Sunnyside Road. left at bend by McDermott's Motorcycles, Sunnyside North Road, approximately. mile on the left. 5 '--' \ (Note: Application was Tabled at the 9/27/88 Planning Board meeting for more information regarding the sep~ic system.) Wayne Viele, Do-Awl Construction, is agent for the applicants, who presented an evaluation of the septic system by Raymond Buckley, P.E. (Exhibit D). Mr. Buckley noted no malfunction of the system and he has prepared a plan showing the possibility of constructing a system that would conform to the Town Sanitary Ordinance. Mr. Viele stated that the septic and well would be kept on one parcel; Lot l7 will not be utilized. The present well has to be abandoned; Mr. Viele did not know where the new well will be put. The lot is pre-existing, non-conforming. Charles Mouzalas. owner, stated that the lots could not be subdivided to sell one, because of the layout of the patio. Lots l7 and 18 measure 84 ft. x l22 ft. Although the lots are listed separately, they are under one ownership. Regarding setback for septic tanks, Mr. Dusek stated that the Sewerage Disposal Ordinance requires that septic tanks must be a minimum of lO feet from the dwelling and lO feet from the property line. In answer to Mr. Dybas' concern of getting lOO ft. from the well, Mr. Mouzalas said there was enough room from the lake and the road, put the well by the lake and measure lOO ft. on a diagonal. The residence has a minimum use, summer and occasional weekends. Mr. Kestner said he would have to inspect the proposed seepage pits; the soil information only goes down 30 inches. he wants to see what is at the bottom of the pit, because that is where the sewage will go. He felt the application cannot be approved because regulations require a deep hole to the depth or below the bottom of the seepage pit. In addition. he wants to review the mean high ground water table on the lake. as there is a possibility the setback might have to be 200 feet. Mr. Kestner stated that the design does not meet regulations, in addition, the well should be shown on the plan before approval. If necessary, Mr. Mouzalas said he would use a holding tank instead of a septic system. Mr. Kestner stated he would get together with Ray Buckley. Mr. Mouzalas and Charles and Patricia and well system. the Board agreed to Table Site Plan No. 48-88, Mouzalas, for more information regarding the septic MAJOR SUBDIVISIOB RO. 10-86: REVISED PLAN Stonehurst, Section 2 6 ~ The request is to subdivide 42 acres of land into l5 lots east off Ridge Road, SR-30. Leon Steves, VanDusen & Steves Land Surveyors. represented the pro- ject. The previously approved preliminary Plan was for l5 lots. with a large parcel remaining in the back, with two strips of land to that parcel. There is no reason to hold the remaining land; therefore. the request is to put all the land left into the subdivision. By adding the rest of the land, one (l) additional lot will be created. Public Heari.f: no comment Mrs. Mann moved Stonehurst, Section September 21, 1988. PRELIMINARY APPROVAL of Major Subdivision No. 10-86, 2, recommending the REVISED PLAN per the map dated Seconded by Mr. Dybas. Passed 4 Yes (Dybas. Mann, Roberts. Macri) 1 Abstain (Cartier) 2 Absent (Levandowski, DeSantis) HEW BUSIBESS SITB PLAN RO. 51-88. PRELIMINARY STAGE 10-1 J-~ ) James L. Bowen Hiland Park Corporation The application is for the construction of a Restaurant and Banquet Facility on the north side of Haviland Road, PUD. Directions: Haviland Road between Rockwell and Meadowbrook Roads between Hiland Golf Club and Hiland Park Administration Offices. Gary D. Bowen, President, represented the project and said that the construction is according to the approved PUD. The changes recommended by Quentin Kestner (Exhibit E) have been made and are as follows: l. parking spaces will be ten (lO) feet, as opposed to the proposed nine (9) feet, handicapped parking will be l2 feet, 2. there will be divided entrance, 3. water service for the facility. Warren County Board approved; letters of recommendations and approvals were received from the Water Department, Bay Ridge Volunteer Fire, and 7 Beautification Committee (Exhibits Fl - 3). Approval was also received from the Highway Department; a third lane has been constructed and the east side of the Golf Course parking comes into the stacking lane. Parking has been allocated for 352 cars; the three parking areas will interlock north off the road for access to the Pro Shop and Club House, restaurant, gift boutique, existing office and eventual sporting complex. Regarding snow, there are snow runs that go north and west on both sides. There is a natural drainage channel. Mr. Bowen presented renderings of the proposed buildings: Main Restau- rant (a la carte); Club House, which is close to the golf maintenance facility on the east side I and the Banquet Center, which is an exten~ion of the Restaurant. Architectually, the building is designed with -no front or back,· it is meant to look well from the road and golf course. A gazebo will be erected next to the Banquet Center. Public .earing: no comment Mr. Cartier moved APPROVAL of Site Plan Ho. 5l-88, PRELIMIHARY STAGE, James L. Bowen, Hiland Park Corporation, contingent upon encorporation of changes made by Quentin Kestner, Town Designated Consultant/Engineer. Seconded by Mrs. Mann Passed 4 Yes (Dybas, Mann, Cartier, Macri) 1 Abstain (Roberts) 2 Absent (Levandowski, DeSantis) MIBOR SUBDIVISIOII RO. 5-88 Charles Kice The application is for a two-lot subdivision of 7.8 acres of land on Pickle Hill Road, RR-3A. John Carusone, Esq., represented the application and stated that Mr. Kice presently owns 7.5 acres of land, on which there is a house and garage. He is under contract to sell a portion of the land to John Cifone. Mr. Roberts expressed concern about the availability of a spot level enough on which to have a septic system. Mr. Kestner discussed his letter of 10/13/88 (Exhibit G) commenting on the water supply, sewage disposal system and storm drainage. He did feel the lot was buildable. Mr. Macri moved APPROVAL of Minor Subdivision No. 5-88, Charles Kice, 8 -- based on the recommendations of Quentin Kestner, Town Designated Consul- tant/Engineer regarding separation of the septic and well. Seconded by Mr. Dybas. Passed Unanimø.sly. MAJOR COMMBRCIAL SUBDIVISIOB RO. 88-1: SKETCH LEVEL Dix Avenue Industrial Park Claude Charlebois The application is for the subdivision of 35.46± acres into l3 lots at the intersection of Quaker Road and Dix Avenue extending southerly to Warren Street; PC-lA. HI-3A, HC-15. George Zurlo, Attorney. and Paul Male of C. T. Male represented the project. An attempt with the property is to add an adjunct to the Queens- bury Economic Development Corporation parcel located directly to the west and adjoins at that area. The Queensbury Development area has had proper- ty for projected development with lots somewhat in excess of one (l) acre. In the initial stage of the Dix Avenue Industrial Park. there are two lots in excess of one (l) acre and one parcel on Dix Avenue in excess of three (3) acres. In relation to the parcel itself, there is frontage on Quaker Road, Dix Avenue, Highland Avenue, and Warren Street. Regarding the parcel sitting on Quaker Road, the present classification is Plaza Commercial; this is the use with which the applicants would like to follow through. Services provided would be drug store, office supplies, therefore dis- couraging people to have to travel a distance. with accesses as follows: one on Warren Street, one Dix Avenue and one access on Highland Avenue. There will be no road cut onto Quaker Road. There is a designated cross- ing over Hiagara Mohawk property, land under the power line will not be used other than there will be a deeded access. Mr. Zurlo also commented there will be an extension of the water and sewer district. When the application was submitted, the zoning was for Heavy Indus- trial 3A, however, the applicants would prefer the new zoning of Light Industrial 1A. Mr. Roberts felt that the Board would be willing to promote that idea. Plaza Commercial is preferred for the front parcel. Mr. Zurlo acknowledged to Mr. Roberts that the primary intent at this meeting is Sketch Plan Review. As individual lots are sold off, those applications would come back for Site Plan Approval. He also noted a 9 - correction on Page 2 of the Application, Item l3. Plaza Commercial acre- age is approximately l4.80±, not 19.80± acres, Light Industrial acreage is approximately l6.62±, not 1l.62±, the Road Right-of-Way remains at 4.04± acres. The Planning Department has no problem with the concept. Development time for the project is approximately three (3) years. There was some discussion about making this application into a PUD; however, Mr. Dusek reminded the Board that a PUD is primarily residential in nature, supple- mented with the correct mix of commercial, etc. Legal steps will also have to be taken regarding changes in zoning. Mr. Dusek advised that there could be Conceptual Approval, subject to any stated conditions. fact and of may be was Mr. Kestner reviewed his letter of 10/14/88 (Exhibit H), regarding the that the plan shows no facilities for water supply, sewage collection treatment, or stormwater management. Mr. Male confirmed that the bulk the sanitary sewer service would be down Warren Street; however, some go to the Queensbury Technical Park. A sewer district would have to form. Mr. Kestner stated he is trying to find out what the arrangement with the City and if any restrictions existed on the facilities. Public Hearing: no comment. Mrs. Mann moved APPROVAL of Major Commercial Subdivision No. 88-1, SKETCH LEVEL, Dix Avenue Industrial Park. with the contingency that the applicant either demonstrate or modify the application so that it conforms with the existing zoning regulations or make some effort to change zoning regulations to conform with the project. Water and sewerage district must be applied for or some form be demonstrated that it will be available to the project before the Preliminary Application. A letter is to be sent to the Town Board from the Planning Board re- questing consideration of the application and recommendation of the fol- lowing: l) the establishment of a sewer district in the general areal and 2) rezoning of Heavy Industrial to Light Industrial, particularly in light of the fact that it would be contiguous to the Light Industrial Park. Seconded by Mr. Macri. Passed Unanimously SITE PLAN RO. 52-88 Northeastern Data Processing Frank C. Coviello The contain application is all operations for the construction of a commercial building to of Northeastern Data processing. Inc., a computer 10 software manufacturer and data processing firm in Queensbury Technical Park, Dix Avenue, LI-1A. Mr. Fred Champagne, representative of the Queensbury Industrial Park, explained that the purpose at this meeting was to review the plan of Northeastern Data Processing (hereafter NDP) and, as a member of the Queensbury Economic Development Corporation, he supports the plan. If the plan is approved, HDP would be the first tenant of the Technical Park. The location of HDP is immediately off Dix Avenue into the Boulevard and then immediately to the left (easterly direction off Dix Avenue). There- fore, the site would border Dix Avenue and the Boulevard. Frank Coviello, President of NDP, explained that he started the busin- ess II years ago. There are two divisions: Data Processing (performs serv- ices), and the development and manufacture of computer software. Present- ly NDP is located in Quaker Village, and within the last six years has out- grown three separate spots, now it is practical for the company to have its own building. The building has been designed so it can be grown into; it is hoped that the firm will double in size within the next two years. The building is two stories, and the exterior is insulated plastic veneer with much glass and many windows, across the front is a planter. The front of the building faces away from Dix Avenue, the rear of the building is -kitty-corner- towards Dix Avenue and the Technical Park. Currently there are l2 employees. Present plans are to short-term lease part of the building, as the company grows, the building will be solely for HDP. Mr. Kestner stated he visited the site and talked to the Park Engineer, Frank Walter (Exhibit I); in addition, he said there is no storm water management plan. As the park develops, they will be taking over more, right now it is a large open area. Advantage should be taken of the central storm drainage system installed, and any future tenants should get involved so the drainage problem does not go from one to an- other. There is a catch basin system which connects to a central drainage way that runs north/south into an existing drainage way. Frank Walter engineered the storm water system. As areas develop, they tend to have large parking spaces and planners must be sure that the storm drainage does not become a problem to the development. The system for this partic- ular area runs down the road. so it is available to the tenants. Presently the subject property is 75% permeable, with the parking lot and building. There was discussion as to whether this was a professional office, which would require one parking space/lOO square feet. or 44 spaces for a 4400 square foot building. If the business is considered industrial, there would be one parking space/two employees. Mr. Dusek advised that there has to be clarification as to the structure and the zone. Mr. itself Champagne represents stated a light it is one acre Light Industrial. the building industry nature which manufactures software. 11 Software is developed that goes on the diskette, documentation is written that goes with the books, binders are bound, etc. Mr. Macri felt that the structure is of a professional service nature, there is no manufacture of diskettes. Mr. Dusek stated from the Ordinance that professional use covers lawyers, architects, surveyors. engineers. musicians, real estate brokers, accounting. It is a business where clientele come in and be serv- iced. NDP is in a Light Industrial area and is the type of business re- quiring a number of people to actually be there at work and manufacture something that is then exported from the premesis, which is more akin to the industrial use. Mr. tenant as the tenants. Champagne stated that in the covenants of the Industrial Park any who chooses to rent from the landlord must meet the same criteria corporation, which has the authority to disprove or approve the After considerable discussion, Mr. Macri still felt that the structure is a service business, as accounting and bookkeeping services are provided and payrolls are processed. Mr. Coviello stated that 90' of the work in the Data processing Division is processing payrolls; the division is a service bureau. Mr. Cartier requested that there be no trees planted in land held in abeyance for parking, presently there are four proposed trees in that area. Beautification Committee approved with conditions (Exhibit J). Two handicapped parking spaces will be available. Public Bearings no comment. Mr. Champagne requested that, in order to get construction underway be- fore winter. it would be advantageous to have a high-tech building of this quality approved, there are many prospective tenants looking at the park in terms of the Spring season. It would be very disappointing not to be able to go ahead with the project. Mrs. Mann moved APPROVAL of Site Plan No. 52-88, Northeastern Data Processing, Frank C. Coviello. with the stipulation that the applicants must come up with a Storm Water Management Plan that is satisfactory to Quentin Kestner, present Town Designated Consultant/Engineer. Seconded by Mr. Dybas. Deni.. 2 Yes (Mann, Roberts) 3 No (Dybas. Cartier, Macri)* 2 Absent (Levandowski, DeSantis) * Prior to Mr. Macri's vote, he stated his opinion that the Board is not being consistent, even though this application is a Town developm~nt and the applicant is under duress because of the onset of Winter. Other applicants previously and most recently have been sent back for 12 -- Storm Water Plan preparation, before the project was approved. He does not agree with the assessment of the building. This application should be treated the same as other applications. Mr. Kestner explained that what the Board is requiring is what is done for subdivisions and site plans, namely, calculation of the effect of building drainage and pavement on lO to 20 years storm, and then attend to that in terms of tension basin or storm water digits or whatever is appro- priate for the site and situation of the soil. The plans are prepared by a Licensed Engineer. who calculates and shows how the site will be amen- able from storm water standpoint. In this particular case, since the storm water is in the ground, the applicant will show how it will be util- ized. That is what all applicants are required to do. * Mr. Cartier agreed with Mr. Macri, there are points being talked about that are not on paper, and he wants to see a finished application. * Mr. Dybas felt that the project is good. but it is necessary to be con- sistent with all persons coming before the Board. James LaPann, Attorney for the Queensbury Economic Development Corpor- ation, requested that, due to time limitations, the -no- vote be withdrawn so the application could be Tabled. The concerns of those Planning Board members who voted -no- were that the application is incomplete. The appli- cants are prepared to complete the application, and they want to move for- ward. There are no major problems, there is a storm water system in effect, there is space for parking. Mr. Dusek advised the Board that the first step would be to make a motion to reconsider the question; the second step would be to rescind the Denial and then Table the application. Mr. Macri moved to RECONSIDER the application for Site Plan No. 52-88, Northeastern Data Processing, Frank C. Coviello. Seconded by Mr. Cartier. Passed Unanimously Mr. Macri moved to RESCIND THE DEHIAL of application for Site Plan No. 52-88, Northeastern Data Processing, Frank C. Coviello. Seconded by Mr. Cartier. Passed Unanimously The parties have agreed to TABLE Site Plan No. 52-88, Northeastern Data Processing. Frank C. Coviello, for more information. Some of the information to be included is clarification on designated parking spots. no trees in future parking areas, a decision as to the nature of the . 13 '- business, and storm water management plan. The entire building must be taken into consideration. Mr. Macri strongly recommended that the appli- cants refer to the specifics of the Town Zoning Ordinance for completion of the application. PLARRING BOARD BUSINESS SI~E P~ NO. 26-88 Richard and Sandra Baker Mrs. Baker advised Mr. Roberts that present plans are to take care of children younger than those included in the Approved Application (3, 4 and 5 years old). Because of this, she requested to know if it would be neces- sary to return before the Planning Board. Result of the discussion: The Planning Board require are-review quire recertification. voted unanimously that the children's ages do not of the project; however, New York State may re- Mr. Roberts adjourned the meeting at ll:OO p.m. 1!:j,de~ ð ~ /I- 7,it (Temporary) 14 ~ 'l'OWR OF QUBDSBUJtY ZORIRe¡ OJtDIRANCB 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 Planning Board shall find that: A. The use complied with all other requirements of this Ordinance. in- cluding 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 of 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 approval 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 automobiles or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to the property and improvements 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 or 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, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein 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. Exhibit A -../ 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 KIS INIK Lt\N[ Tw\'. NEW YOKK 12180 518-273-7446 K. WAYNE BUNN, P.E. JAMES J. SHAUGHNESSY, P.E. JEROME THORNE, S.E.T. October 13, 1988 Ms. Lee York Senior Planner Town of Queensbury Queensbury Town Office Building Bay at Haviland Road Queensbury, NY 12801 RE: Thomas and Marybeth Babcock - Site Plan No. 35-88 Dear Ms. York: I have been asked to comment on the installation of a holding tank on the subj ect property to serve as a sewage disposal system for a weekend and occasional Swnmer use residential unit on Glen Lake. As explained, the existing building is to be removed and a slightly larger residential unit is to be constructed. Existing requirements for on-site disposal systems proclude the use of any other system except a holding tank. Appendix B, Page 20, of the Town Sanitary Sewage Disposal Ordinance indicates that holding tanks are an acceptable alternative where soil conditions and proximity to a lake prohibit conventional subsurface disposal systems. The proposed 2,000 gallon tank would' provide approximately one week of capacity for a family of three under average conditions. Water conservation and restricted use, such as no clothes washers, would extend capacity even further. In consideration of the proposed use and acceptability by ordinance, I would recommend acceptance of the plan as shown on Drawing No.1, dated October 6, 1988, by Morse Engineers and entitled, "Murray Forth". '- 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 ¡; Y.p¡ß I r 8 --...-" Ms. Lee York, Senior Planner -2- October 13, 1988 The applicant should be advised that any approval or Certificate of Occupancy is issued contingent upon proper maintenance and pumping as necessary of the holding tank and under no circumstances is the tank to be modified for use as a septic tank with outgoing absorption field lines. Sincerely, KESTNER ENGINEERS, P.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 QUEENSBURY COMMITTEE FOR COMMUNITY BEAUTIFICATION Robert L. Eddy, Chajrman 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 of APpeals (x) Applicant 10/10/88 Re. variance #1496,Site Plan #38-88 Empire Video (former Rustler's Restaurant) Upper Glen Street We have reviewed the request for.(x) Variance, (x) Site Plan Review, ( ) Other - and have the following recommendations. (x) ApprovaJ. ( ) Disapproval John Nigro, owner of the Plaza presented the plans with conformation of Charles Menchum, representing the proposed tenant. Very careful attention was given parking, present plantings and percent permeable. The conclusion of the Committee was that the percent permeable was adequate (5,000 sq. ft. store plus paved parking vs. 50'xlOO' = 5,000 sq. ft. plus planted area surrounding building). The Committee's suggestion for parking was that parking on the northerly side (toward the bank) have the spaces either perpendicular to the building or slant toward Upper Glen Street. Parking on the blueprint had the spaces slanted away from the highway. Also, eliminate the first four parking spaces so as to provide an uninterupted view of the building and the green space in front. Elimination of the parking spaces would building to 23, but with the spaces across up for this loss and spaces toward the main overflow parking. The 'wishing well' in front will be eliminated shortly when hookups are completed to the sewer. Plants surrounding the building and grass in front (which will be extended into the eliminated parking spaces) are adequate, but, possibly additional plantings will be made. The Committee is pleased that this eyesore building will be improved in appearance, a business will operate in the vacant building and sales tax will.be derived from it I S. ope.tation. .. ... . In aaditl0n to ~ne above ~anascaplng, screenlng and plantlng prOV1Slons, the Committee wishes to go on record tha~ it does not approves 1. Non-conforming signs, 2. Plastic or artificial trees, shrubs or flowers. reduce the spaces around the the ingress/egress would make building are available for 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 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. }ffi~~lly.su~tted, V~4'vr ~, T c~ pi¡ Robert L. Eddy, Chairmant1 .£ill-/¿ IT (J, '-" October 18, 1988 Raymond Buckley, F.E. Box 7 Star Route Glens Falls, New York 12801 Charles Mouzalas 42-25 65th Place Woodside, New York 11377 Re: Inspection of sewage system - North Sunnyside Road Dear Charles, I have' inspected the septic system at your Sunnyside Lake residence. I see no evidence of any malfunction of this system. I have prepared a plan showing that it would be possible to construct a system on your property that would conform to the current Town of Queensbury Sanitary Ordinance. Please note that although this system could be constructed it would be very expensive s~nce it would require abandonment of your existing drilled well and replacing the well in an area where it would be quite expensive to operate a drilling machine. Respec~~~~ R:y~~ Buckley, P.E. & i/-I--¡ ¡j I í b ~ 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 K. WAYNE BUNN, P.E. JAMES J. SHAUGHNESSY, P.E. JEROME THORNE, S.E.T. October 13, 1988 Ms. Lee York Senior Planner Town of' Queensbury Queensbury Town Office Building Bay at Haviland Road Queensbury, NY 12801 RE: Preliminary - Hiland Park Corporation's Restaurant and Clubhouse Facility - Site Plan No. 51-88 Dear Ms. York: I have been asked to comment on the subject project with special attention to water supply, wastewater disposal, and storm-water management. In reviewing this site plan, reference is made to Drawing Nos. L-1, L-2A & B, L-3A & B, L-4A & B, and L-SA & B¡ and additionally, the Storm-Water Management Report, dated September 1988, all performed by the LA Group, ,P.C. The water service for the facility will be from the approved facilities of the Hiland Park Water District which is served by the Queensbury Water Storage and Distribution District. A 6" diameter ductile iron distribution line from the transmission facilities along Haviland Road will be tapped at two locations, one service to the restaurant and one to the clubhouse. Each service will be .individually metered. This arrangement is satisfactory to the Queensbury Water Department. These 2" copper services should provide adequate service to the proposed facilities. I have been advised that a separate 6" tap will be made to service the in-house sprinkler systems. Details on this will be furnished by Hiland Park Corporation. Three on-site hydrants, owned and operated by Hiland Park Corporation, are tapped into the 6" line which runs across the front of the building and into the west parking lot. 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 frY¡hßIT É ~ Ms. Lee York, Senior Planner -2- October 13, 1988 Based on the above, water service to the facilities are considered adequate. The proposed restaurant will be served by the facilities of the previously approved Hiland Park Sewer District. Two 8" laterals will tie into an existing 8" PVC collector sewer. It is suggested that each tie-in be made with 4' diameter manholes. A combination grease-trap, garbage-grinder system will be installed upstream from each lateral and details of this system s}:lould be submitted to the Queensbury Department of Wastewater prior to hookup. The storm-water management plan for the entire planned unit development has been previously approved and the storm-water collection system for these facilities will discharge to these approved facilities. As protrayed, storm water is collected by a series of catch basins and storm sewers to existing culverts and then held in a series of detention ponds located on the Project Golf Course. I would note that the parking spaces are indicated on Sheet No. L-2 as 9' -0" wide as opposed to the required 10' wide space per Section 7.071, Page 94. Based on the above, I would recommend approval referenced project facilities for water supply, treatment, and storm-water management. of the sewage Sincerely, KESTNER ENGINEERS, P.C. ~ Quentin T. Kestner, P.E. yice 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 1!lJa¡; f!/I¿d?e i:tuntee'Jl §;1te, -&" JinC. A.D. 1, BOX 366, SUNNYSIDE ROAD QUEENSBURY, NEW YORK 12801-9762 1 "---' October 14 , 1988 Town of Queensbury Planning Department Bay and Haviland Road Queensbury, N.Y. 12804 Re: Hiland Park Inc., Restaurant and Banquet Building Gentlemen: I have met with Mr. Jim Bowen on October 12th to review the plans for the Restaurant and Banquet building. At this meeting he told me of the change in the size of the water line from 6" to 8" coming off the main 12" line. This will give us a greater volume of water for fire fighting for this building and future buildings. We also discussed the building construction and sprinkler system. Mr. Bowen agreed to move the hydrant on the Southeast side of the building to within 5 feet of driveway. I approved of the plans and the changes as shown to me. YOUiY truly, .//~ tÇ/t~~ Gary A.West, Chief Bay Ridge Vol. Fire Co. /Z ¡<III ~I T PI ..,II;:"J;:",;.~~I>-·~."",i,.;~;';".".';:..U'j..~~",,~.;,,¡.;.,;,,..~,,;/· '........,"'~'_',..~ 'R' . ~ ..,.. " I¡.'.. /. ..._..,__;.,....;,. ':;';~"'~"".\"", ',"_" ".- .'........,. :.._'"......__....~,......o..--.-...-<,____.",:"".... _.__.______ ®~ '-' --' ~ TOWN OF QUEENSBURY WATER DEPARTMENT R.D. 2 CORINTH ROAD * aUEENSBURY, NEW YORK 12801 * PHONE 793-8866 American Water Works A5süclallon MEMBER THOMAS K. FLAHERTY, C.E.T. Superintendent RALPH V AN DUSEN Deputy Superintendent October ]8, ]988 ..- í{_ . ~\ ( c¡çì¿¡ ~ Mr. Jim Ba.ren Highland Park Corporation Haviland Avenue ~ensbury, New York 1280 1 fllf . ~ ~(n.l. tJy'. V,I J j, Re: Proposed Restaurant & Clubhouse Facility Sewer & Water Service Dear Jim: I have reviewed the plans sulxnitted for the above project. In regard to the water service. I will require the addition of four (4) valves as discussed at our tœeting. The sewer service is acceptable as indicated. Based upon our agreement to provide the additional valves I find that the proposed project Iœets the requirements of this departIœnt. ~~. Superintendent 1KF/tr ¡ç '/.. HI6 IT r--:?- ,---,,--~''''''~.¥,;..~._.,..k..'.Ò(-_<;~~~';'~''''''''''>';'::;'''k{:,''~'à' ¡'.::a- '''W'rt.,.,.,.....;~,.:._-~IoÄ..-.-~.'~.....k;";;.;,...~""",,. ";;~~...,...~~';>,"",,,,~~¡;':~""-':' .,.:.,;~_........~~;,:"""-~"~"".,"~1¡:.;.~.....,;",,,....~,,._._,__:.....,~ TOW N OF QUEENSBURY COMM~~TEE FOR COMMUNITY BEAUTIFICATION Robert L. Eddy, Chairman 17 Owen Avenue 'QUeensbury, N. Y. 12801 -- -----" TOI (X) (X) ~ ( ) (X) Warren County Planning Board QUeensbury Town Planning Board Queensbury Town Zoning Board of APpeals APplicant Mrs. Arthur J. Seney, Secretary 8 Queensbury Avenue Queensbury, N. Y. 12801 Date. 10/10/88 Re. Hiland Park Corp. Site Plan #5l-88 - James L. Bowen Hivland Road ' We have reviewed the request for.( ) Variance, (x) Site Plan Review, ( ) Other - and have the following recommendations. (X) Approval ( ) Disapproval Jim Bowen presented a very professionally prepared proposal on the restaurant, banquet facility and club house construction plans. Although there were many questions, there were no changes presented. Planting plans were approved as presented. 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 aLtificial 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. ~~B~e~tfull~ submitted, C~ ;,"L~.'rA t:. ~/'{ /l~ Ro1fert L. Eddy, ChJirman 07,:~~jÇii(~~'..'~- V'V"~~,(n~~:t\'1f~~'IOId"ð'äh;;~'4;;,,,,~,¿~:";;:¿:~~:"4.»tW¡~,~l:iii~"~!"V(ir.;:<1::E~{1t,"1<~.;~W}~~~:~!,;:·:~·':\~:;~~~;~.~~?f~:~~~;"-<V.J~·;£~,,:;;,:;-,",'ry<':',~~~TJ::::'r£"!':,~~zt:;';,' ~;::ttÃ,'1::~ £'f.;I-¡Ø-/T ~ 3 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 LAN! TROY, NEW YORK 12180 518-273-7446 K. WAYNE BUNN, P.E. JAMES J. SHAUGHNESSY, P.E. JEROME THORNE, S.E.T. October 13, 1988 Ms. Lee'York Senior Planner Town of Queensbury Queensbury Town Office Building Bay at Haviland Road Queensbury, NY 12801 RE: Charles Kice - Subdivision No. 5-88 Dear Ms. York: I have been asked to comment on the subject subdivison's water supply, sewage disposal system, and storm drainage. 1. A September 20, 1988, letter from Consultant Raymond Buckley indicates a soil percolation rate of four (4) minutes/inch. The septic area is shown within ten (10) feet of the proposed house. I would note that the ordinance requires a twenty (20) foot separation between absorption fields and dwellings. 2. A well is indicated for domestic water. Because of the rapid absorption qualities of the soil, I would require the well to be placed at least the necessary 100 feet from any absorption field; and I would suggest a separation of 200 feet. 3. No significant impâct from storm water runoff is suggested from the limited scope of work indicated by single-family residential construction. 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 k~~/ðIT @ -- '--../ Ms. Lee York, Senior Planner -2- October 13, 1988 Based on the above, I would recommend project acceptance. Sincerely, KESTNER ENGINEERS, P.C. ~;:g~ ---- 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 --' 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 KES I NER LANE TROY, NEW YORK 12180 518-273-7446 K. WAYNE BUNN, P.E. JAMES J. SHAUGHNESSY, P.E. JEROME THORNE, S.E.T. Ms. Lee York Senior Planner Town of Queensbury Queensbury Town Office Bay at Haviland Road Queensbury, NY 12801 October 14, 1988 BUilding fiLE COP V P RE: Dix Avenue Industrial Park - Subdivision No. 88-1 Dear Ms. York: I have been asked to comment on the sketch plan for the subject site plan. Reference is made to Drawing No. 88-531, dated September 15, 1988, by C.T. Male Associates. The plan shows no facilities for water supply, sewage collection and treatment, or storm-water management. The facilities of the Distribution District do municipal water service available. Queensbury Water Storage and serve the adjacent area so that to the development is potentially No municipal sewage collection facilities are adjacent to the development, but a sewer district which transports wastewater to the facilities of the City of Glens Falls is technically feasible. District formation and availability of facilities usually takes between 1 1/2 - 2 years after report completion. Respectfully submitted, 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 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 ¡¿ XffllØ IT ¡-f' -- 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. l"'''' ¡ r '" ,.- I I , . .. '"Y''' '. iJ . '- Ji ONE KESTNER LANE TROY. NEW YORK 12180 518-273-7446 K. WAYNE BUNN. P.E. JAMES J. SHAUGHNESSY. P.E. JEROME THORNE, S.E.T. October 14, 1988 ,{? Ms. Lee York Senior Planner Town of Queensbury Queensbury Town Office Building Bay at Haviland Road Queensbury, NY 12801 RE: Northeastern Data Processing - Site Plan No. 52-88 Dear Ms. York: I have reviewed Drawing Nos. 1 and 2 for the Northeastern Data Processing (NDP) Offices, dated September 20, 1988, and the application for the proposed offices of NDP. Yesterday I called the Town Water Department and Consultant Frank Walter, P.E., who was the Engineer for the Park. This morning I made a field visit to the site. The site is served from the facilities of the Queensbury Water Storage and Distribution District and a hydrant is located just north of the proposed entrance. Accordingly, the water supply to the facility should be adequate. Sanitary sewer lines have been installed to service the technical park, and the sanitary sewer manhole for the connection is located approxima~ely 50 I south of the fire hydrant. I have been advised that this sewer line connects with the facilities of the City of Glens Falls. Accordingly, sanitary sewer service appears ·adequate. No storm-management facilities have been located approximately within approximately plan with calculations and proposed shown. A storm-water catch basin is 180' south of the fire hydrant and 60 I of the property line. 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 ~ 'II/Iß/T J.,. '..;~.<,,~~:~~~.~""~~.:r~~',,;,.g;·¡/,.'.;f'.:',,;.iW~':~::~~~.~~ ,;.'; ',:J.~""?~~k_;~,.;':i~r;:~~;"';::'}~;~~~:i<'æ:~_x·~..!r;f~æ~ìK:7':,~,,:\"~'{<~~·;wm¡.,~.¡&~t;~'f?l7:~1f~;~,~~s.mi"~~·.~j ~ "-/< Ms. Lee York, Senior Planner -2- October 14, 1988 These storm sewers connect with a storm-sewer system which discharges into a drainage way south of the project site. I would suggest that catch basins be located as necessary in the parking lot and access road and then tie into the existing storm-sewer system. Sincerely, KESTNER ENGINEERS, P.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 QUl<:ENSBURY -- "'-- 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 '1'0. (X) Warren County Planning Board Date. 10/10/88 (X) Queensbury '1 own Planning Board , ) Queensbury Town Zoning Board of Appeals (X) APplicant Re. Frank C. Coviello - Northeastern Data Processing - Site Plan #52-88 Queensbury Techincal Park - Dix Avenue We have reviewed the req~est fors( ) Variance, (x) Site Plan Review, ( ) OthRr - and have the following recommendations. (x) Approval, ( ) Disapproval This is the first industry to industrial park and the building will be entrance to the park. occupy this placed at new the The percent permeable is very adequate and the landscaping well planned. The species of trees, shrubs and plants were given. The suggestion was made that rather than have the planters be filled with plants that appeared like wooden soldiers, cluster planting be considered using a t~ller plant and two smaller plants, especially near corners of the building. MUlching of the plantings was recommended. The enclosure of the dumpster was discussed indicating that in the long run chain link fence with plastic slats might end up less expensive than stockade or some other wood screening. In the discussion of recommended near the highway salt-resistant and required leaf removal time of year. species of trees, locusts were as that is considered the most less maintenance, especially in In addition to the above landscaping, screening and planting provisions, the Committee wishes to go on record that ;t 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 t? replace immediately ~ead trees, r.hrubs or plants, and to give proper malntenance to all plan~lngs. All rubbi::Jh C'ontainers or dumpsters shall be screened, all plantlngs shall be mulc'hed and trees shall be retained or planted, as agreed. ~e tfully submitted, . vF· f'; £" J~ obJrt L. Eddy, Cha1Tman - P 1#1 tß-1 T ...J po> ,ü ,., ~IQ ~ o P\) ;V ::; ..... ~ ALL THAT PIECE OR PARCEL OF LAND located at the north end of Ripley's Point in the Town of Queensbury, Warren County, New York and described as follows: BEGINNING at a point on the shore of Lake George on the easterly side of Ripley's Point at the northeast corner of Lot 1 as shown on a survey of said Point made by Job Mattison in 1877 and filed in the Warren County Clerk's Office in Book 1 of Maps at Page 28; proceeding from s~id point northerly along the shore of Lake George 83.5'+ to a point marking the southeast corner of lands now or formerly of ATexy (471/187) (1966); thence westerly 5.5'+ to an iron pipe; thence $ 89° 571 W 34.16' to an iron pipe set in a stonë pier; thence N 87° 59' W 42.96' passing over an iron pipe to a point in the center line of a 10' right-of-way; thence N 02° 27' 30" E 114.69' along the center line of said right-of-way to the south line of lands now or formerly of Coe (469/35) and (470/409); thence N 88° 27' W along the south line of said Coe lands 5' to a point; thence along the west line of said right-of-way S 02° 27' 30" W 114.38' to an iron pipe; thence $ 7° 55' W 70.09' to a point for a corner; thence N 88° 27' W 5'; thence S 7° 55' W 5'; thence S 88° 27' E 103.36' moré or less to the point of beginning on the shore of Lake George. SUBJECT TO AND TOGETHER WITH a right-of-way to be used in common with others over a 10 foot wide right-of-way extending northerly from the north end of the public road on Ripley's Point to the northerly end of the premises described above, which right-of-way is bounded as follows: BEGINNING in the southerly boundary of the lands which were deeded from Hi 11 i ard to Ashl ey (233/566) (1945) and bei ng a poi nt in the north end of the 'public right-of-way on Ripley's point, distance 9.63 feet easterly from a copper pin set in concrete. marking the northwest corner of said public right-of-way and running from said place of beginning N-7-S5-E a distance of 75.09 feet to an iron pipe; thence N-2-27-30-E a distance of 114.38 feet to an iron pipe at the northwest corner of the right-of-way; thence $-88-27-E a distance af 10.00 f~et to an iron pipe; thence S-2-27-30-W a distance of 115.01 feet to an angle point thence S-7-55-W a distance of 74.44 feet to a point in the southerly boundary of the Ashley property as aforementioned; thence N-88-27-W along said boundary and along the public right-of-way for a distance of 10.06 feet to the place of beginning. THE ABOVE PREMISES ARE EXPRESSLY CONVEYED SUBJECT TO THE FOLLOWING RESTRICTIVE COVENANT WHICH SHALL RUN WITH THE LAND AND BE BINDING UPON THE HEIRS AND SUCCESSORS OF THE GRANTEE: No house, garage or other primary residential structure shall be constructed on the premises. THE above premises and right-of-way are shown on a "Map of Lands held in trust for Isabel Ashley" by Coulter & McCormack dated'June 1,1966 and intended to be filed in the Warren-County Clerk's Office simultaneously with this instrument. BEING a portion of the premises described in a deed from Glens Falls National Bank and Trust Company, as Trustee to Irma A. Myers. Jane Ashley Alexy and Holly A. Patri ck dated September 13, 1984 and recorded November 5, 1984 in the Warren County Clerk's Office in Book 665 of Deeds at Page 1094. BEING the same premises conveyed by deed from Irma A. MYers, Jane AShley Alexy and Holly A. Patrick to Fred H. Alexy and Jane Ashley Alexy dated December 24, 1986 and recorded in the Warren County Clerk's Office on December 31, 1986 in Book 689 of Deeás at Page 174. ~\ F ,~.: .! fi I '!.~l-. ,JAH?B t.1 35 PH 'nn ,~,'., ;: :¡ ¡ , <, t, ( , " '"I'" " ,., 1 \ f , ¡, \~ ,,.' ) t I II::, ':,' YGiO; CARYl. H. '.< LAHi: CLn:~ GY.II-¡ßI'T J