1989-05-23 SP
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QUEENSBURY PLANNING BOARD
MA Y 23rd, 1989
SPECIAL MEETING
INDEX
APPLICANT
PAGE
Site Plan No. 37-89
Finch Pruyn
1.
Site Plan No. 37-89
Jerry Brown
3.
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QUEENSBURY PLANNING BOARD
SPECIAL MEETING
MA Y 23, 1989
9:45 P.M.
MEMBERS PRESENT
RICHARD ROBERTS, CHAIRMAN
HILDA MANN, SECRETARY
VICTOR MACRI
PETER CARTIER
JOSEPH DYBASS
KEITH JABLONSKI
PROJECT ENGINEER-WAYNE GANNETT
JOHN GORALSKI-PLANNER
PAT COLLARD-ZONING ADMINISTRATOR
MEMBERS ABSENT
FRANK DESANTIS
NEW BUSINESS
SITE PLAN NO. 37-89 TYPE: UNLISTED LC-I0A FINCH PRUYN SOUTH OF ROUTE 149,
I MILE EAST OF 9L INTERSECTION AT PRESENT: OFFICE AND MAINTENANCE SHOP,
TRANSPORTATION OF AGGREGATE AND LANDFILLING MATERIAL AND LANDFILLING.
PROPOSAL: FOR THE CONTINUATION OF ABOVE AND SALE OF AGGREGATES. (WARREN
COUNTY PLANNING) TAX MAP NO. 52-2-18 LOT SIZE: 18.5 ACRES
DENNIS PHILLIPS, LAWYER WITH THE FIRM OF MCPHILLIPS FITZGERALDS MEYER &
MCLENITHAN/ SCOTT HATZ ASSOCIATE IN THE FIRM/ROGER HAGUE, JOHN PARADIS
REPRESENTING FINCH AND PRUYN
MAP SHOWN TO BOARD
DENNIS PHILLIPS-Explained to the Board the existing use of the property. This is located
about i mile to the east of the intersection of 9L and Route 149. Presently the property is
defined (refers to map to show where the county line is), between Warren County and Washington
County. To the west of the county line is the Town of Queensbury, in Warren County, east
is the Town of Fort Ann, in Washington County. The sand and gravel operation that we are
talking about as far as the mining and loading area in entirely located within the Town of Fort
Ann, in Washington County. The Queensbury property is a accessory use because once the
trucks get loaded they have to drive across the Queensbury property onto Route 149. Since
1977, the Queensbury property has been used as the landfill for Finch and Pruyn. In pursuant
to that use, trucks have been entering this property on a daily basis approximately four truck
per day, go between the mill and this property, each truck is making this trip about four times.
On a daily basis we have approximately 15 to 20 trips per day which translates into 30 to 40
entrances and exists onto Route 149. In addition to the landfill operation on this property,
in the past gravel has been removed from this property for internal use in respect to the Finch
Pruyn landfill operation, but also on occasion it has been given away. A few years back sand
from this property was given to the Town of Queensbury, when they ran out for their winter
sanding operation. Historically we have had big trucks going back and forth on this property.
In terms of the development on the property there is a private road that comes off Route 149,
there is presently a maintenance building and office addition on the land. The existing
maintenance building is 75 ft. by 52 ft., the office part is 26 ft. by 30 ft. Finch Pruyn made
application to the Adirondack Park Agency, back in 1988, for a permit for a sanding gravel
operation and the permit was granted. Highlighted the permit to the Board concerning the
environmental factors. The permit says the site is a 72 acre parcel located in the Town of
Fort Ann, and a 42 acre area of the 72 acre parcel will be mined over a projected 25 year period.
In terms of the actual 72 acres, it is proposed that 42 acres actually are the sand and gravel
extraction area. It is also indicated that this site is presently covered by an AP A permit
authorizing a solid waste disposal facility. In terms of the site description, the soils are well
drained, coarse sand, and gravel. There are no streams, wetlands, or water bodies on the project,
the nearest water body is Mud Pond, which is located approximately 1,000 ft. southwest of
the project site. The character of the area surrounding the site is rural it is a sparse residential
development. Three residents are located approximately 1,500 ft. north of the site on Route
149. The area is dominated by open space, farm land, and forest land. A 50 foot undistrubed
buffer will be maintained around the area to be mined. The mining operation will be conducted
from 7:00 a.m., to 3:30 p.m., on a daily basis. Looking at the environmental considerations
under the category under visual impact the permit reads, that due to existing topography within
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the project site and Route 149, and due to the 50 foot setback of the buffer, the project will
not be visible from anything in the area, including Routes 149, and 9L. As far as noise is
concerned, the existing topography provides a substantial barrier between the project site
and residences located approximately 1,500 feet away on Route 149, it is not anticipated that
the noise from excavation activities will be heard at these residences. The project would
not have undue adverse impact pursuant to Section 80910 E, of the Adirondack Park Agency
Act. Looking at the Queensbury Ordinance, notes that 80910 E, is substantially the same as
your Section 5.071, which are the development considerations under the Town of Queensbury
Act. The conditions of approval by the AP A, say that the applicant shall maintain the 50 foot
undisturbed buffer between the mined site and contiguous properties in no event shall any
vegetation be removed from this buffer area. Another condition is that water shall be applied
to haulage ways and all other areas of exposed sand, gravel, and topsoil, whatever is necessary
to prevent dusk from causing a nuisance to users of areas outside the mined site. (Copy of
this permit is on file). At the time Finch Pruyn, was applying to the Adirondack Park Agency,
for a permit because this was totally in the Town of Fort Ann, and the County of Washington,
it is not believed that Queensbury had jurisdiction in the site. However, upon thought on that
issue and looking at the fact that the Queensbury land would be an assessory use to this mining
operation by virtue of the fact that trucks would be crossing the Queensbury property in order
to extract the thin gravel, we now come before you for a site plan approval relative to the
Town of Queensbury. In terms of the use of the property it has been used historically for the
passage of trucks. In a letter to the Planning Board, we talked in terms of 35 round trips a
day, what we meant to say was between 15 and 20 trips per day, then on a round trip basis
that would translate into 30 to 40 entrances and exits. It is proposed based on conditions that
as result of a commercial sand and gravel operation that the increase in volume will probably
add between 8 to 12 trips per day. This translates into 16 to 24 entrances and exits because
of this increase in volume we've taken a look at this access point, (refers to map) onto Route
149. This access point was designed approximately four years ago with the assistance and
consultation of D.O.T. It was designed with two things in mind; (1) Most of the Finch Pruyn
trucks as they enter the site are coming from the west driving east. It is designed so that
when they make that right hand turn they can make a fairly quick exit off of Route 149, so
as to not obstruct any traffic; (2) The site distances looking west runs approximately 22 or
23 miles, and the same is also true of the site distances to the east. Presently their is discussion
with D.O. T., as to whether or not their should be signs constructed which would indicate a
truck entrance and exit. As far as this private road is concerned (refers to map), in terms
of dusk control this road is paved from Route 149, going in about 400 feet up a little hill, then
from halfway up the hill over to where this maintenance area is their has been a dusk control
program in place for a number of years to the point where it seems that is almost paved.
Looking at the Queensbury property, it seems as though the property is a area for the passage
way of trucks. If you look at this increase in traffic it is not a great increase under the
circumstances considering how this has been designed. We also are looking at it in terms of
being a seasonal increase during the gravel season, the season being from April to the end
of October, early November. A important factor of the truck traffic is that within a period
of three to five years this Finch Pruyn landfill is going to be phased out, so that those trucks
which are now coming up from the mill are no longer going to be using this site for landfill.
ROGER HAGUE-Stated that the area is being used by the Town of Queensbury and the City
of Glens Falls, right now for trash. This is basically the area that we gave to them back in
1978.
PETER CARTER-Asked about the traffic coming from east to west on Route l49?
DENNIS PHILLIPS-The traffic from the east to the west is going to have to cut across traffic
in order to make a left hand turn, however, their is a very lengthy site line to the east. Believes
that this would not create any problems in terms of obstructing traffic.
HILDA MANN-Stated that her only concern would be in regard to dusk control.
STAFF INPUT
Notes from Lee A. York, Senior Planner, See attached.
RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE
RESOLUTION NO. 37-89, Introduced by Hilda Mann who moved for its adoption, seconded
by Victor Macri:
WHEREAS, there is presently before the Planning Board an application for: SITE PLAN NO.
37-89, FINCH PRUYN, and
WHEREAS, this Planning Board has determined that the proposed project and Planning Board
action is subject to review under the State Environmental Quality Review Act,
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NOW, THEREFORE, BElT
RESOL VED:
1. No federal agency appears to be involved.
2. The following agencies are involved:
3. The proposed action considered by this Board is unlisted in the Department of Environmental
Conservation Regulations implementing the State Environmental Quality Review Act and
the regulations of the Town of Queensbury
4. An Environmental Assessment Short Form has been completed by the applicant. A full
Environmental Workshop was held on the project with the entire Environmental Assessment
Form reviewed and a Negative Declaration was recommended at that time.
5. Having considered and thoroughly analyzed the relevant areas of environmental concern
and having considered the criteria for determining whether a project has a significant
environmental impact as the same is set forth in Section 617.11 of the Official Compilation
of Codes, Rules and Regulations for the State of New York, this Board finds that the action
about to be undertaken by this Board will have no significant environmental effect and the
Chairman of the Planning Board is hereby authorized to execute and sign and file as may
be necessary a statement of non-significance or a negative declaration that may be required
by law.
Duly adopted this 23rd day of May, 1989, by the following vote:
A YES: Mrs. Mann, Mr. Macri, Mr. Cartier, Mr. Dybass, Mr. Jablonski, Mr. Roberts
NOES: None
ABSENT:Mr. DeSantis
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
MOTION TO APPROVE SITE PLAN NO. 37-89, FINCH PRUYN,lntroduced by Joseph Dybass
who moved for its adoption, seconded by Hilda Mann:
To approve having meet the requirements for the Town of Queensbury.
Duly adopted this 23rd day of May, 1989, by the following vote:
A YES: Mrs. Mann, Mr. Macri, Mr. Cartier, Mr. Dybass, Mr. Jablonski, Mr. Roberts
NOES: None
ABSENT:Mr. DeSantis
SITE PLAN NO. 69-88 JERRY BROWN, WARREN STREET, FOR EXPANSION FOR STORAGE
OF USED AUTO PARTS, APPROVED JULY 19, 1988: APPLICANT ASKING FOR EXTENSION
OF TIME TO MEET CONDmONS OF TillS SITE PLAN APPROVAL
LARRY BROWN REPRESENTING JERRY BROWN'S AUTO LEASING
JOHN GORALSKI-Stated that Lee York, had spoke with Jerry Brown's Attorney. What happened
is that Lee York, made an agreement with Mr. McLenithan, to add this to the agenda.
LARRY BROWN-Stated what he basically needs is an extension. He has a deadline of June
3rd,1989. Letter from Richard McLenithan to Lee York, (See attached).
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HILDA MANN-Asked what was the problem?
LARRY BROWN-The deadline is for June 3rd, 1989, to have a completion of my building, and
the plants. He has contracted with Garden Time, for the plants, the building was started today.
HILDA MANN-Asked why he was late in getting this completed?
LARRY BROWN-He had to wait for the permit, and he had some problems with the contractors.
KEITH JABLONSKI-Asked when the building will be completed?
LARRY BROWN-They will be completed in less than 30 days.
MOTION TO APPROVE SITE PLAN NO. 69-88, JERRY BROWN ,Introduced by Hilda Mann
who moved for its adoption, seconded by Joseph Dybass:
To give an additional 60 days from June 1st, 1989, to complete his building and plantings as
required by the Beautification Committee.
Duly adopted this 23rd day of May, 1989, by the following vote:
A YES: Mrs. Mann, Mr. Macri, Mr. Cartier, Mr. Dybass, Mr. Jablonski, Mr. Roberts
NOES: None
ABSENT:Mr. DeSantis
On motion the meeting was adjourned.
RESPECTFULL Y SUBMITTED
Richard Roberts, Chairman
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TOWN OF QUEENSBURY
Bay at Haviland Road, Queensbury, NY 12804-9725-518-792-5832
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NOTE TO FILE
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MAY 2 2 1989
LEE A. YORK, SENIOR PLANNER
Application Number: Site Plan Review No. 37-89
Applicant/Project Name: Finch Pruyn
The application is to add the sale of aggregates to an existing extractive enterprise.
Previously the materials removed and transported were only for the use of the owner.
The mine site is wholly in the Town of Fort Ann but the accessway, weighing station and
sales area are in the Town of Queensbury. At this time the applicant wishes to expand
the use to retail sales. I have requested that the applicant supply information to the Board
on truck generation, chemical storage, dust control, weight of vehicles, water usage, and
hours of operation. This is attached.
The applicant is in receipt of an AP A permit and a DEC permit. The AP A permit
indicates that due to the topography there will be little visual impact. Also noise generation
will be minimized by the location factors. Further, that the area is not an aquifer recharge
area and degradation of ground water is unlikely. A condition of the permit is that the
applicant maintain a 50 ft. undisturbed buffer between the mine and contiguous properties.
The reclamation plan has been approved by the APA.
LA Y /sed
"HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE"
SETTLED 1763
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Attorney-at-Law
FilE COpy .~~
Richard E. McLenithan
May 15, 1989
Associate
Jeffrey E. McMorris
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At the Bank of Kingsbury
P.O. Box 31
Hudson Falls, NY 12839-0031
Phone: 747-8236
Fax: 747-8239
Town of Queensbury
Bay at Haviland Road
Queensbury, NY 12804
JLANNING ,. ZONINe:
DPARTMENT
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DELIVERED ~
HAND
Att: Lee York, Senior Planner
Re: Jerry Brown
Dear Mrs. York:
Please be advised that our office represents Jerry Brown.
As you are aware, Jerry obtained site plan approval from the Town
of Queensbury Planning Board for a new construction project.
Originally the building plan contemplated the work being
completed by now, and further, there were a certain amount of
plantings that were recommended by the Town of Queensbury
Beautification Committee that were part of the approval. These
were to be completed by June 1st.
At this point construction will not start on the project, at
the earliest, the latter part of the week, and our client simply
cannot complete the plantings by June 1st. If you wish us to
formally appear before the Planning Board to make this request
please advise.
Very truly yours,
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Richard E. McLenithan
REH:rh
cc: Jerry Brown