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1989-06-27 ----. \ ,/ "---- - - --./ --./ QUEENSBURY PLANNING BOARD REGULAR MEETING JUNE 27th, 1989 INDEX APPLICANT PAGE Site Plan No. 41-89 Dr. Lester Bryman 1. Site Plan No. 25-89 Susan Carolan Popowski 3. Subdivision No. 11-1989 Carole Cacioppi 3. Modification of Final Stage Subdivision No. 12-1989 Fritsch Subdivision 4. Site Plan No. 42-89 Glens Falls Cement Co. 6. Site Plan No. 43-89 Rich Schermerhorn 7. Site Plan No. 30-89 Dr. Shimon Shalit 8. '----- --../ " ./ -- --./ - -../ --" QUEENSBURY PLANNING BOARD REGULAR MEETING JUNE 27, 1989 1:30 P.M. MEMBERS PRESENT RICHARD ROBERTS, CHAIRMAN HILDA MANN, SECRET AR Y FRANK DESANTIS VICTOR MACRI PETER CARTIER JOSEPH DYBAS KEITH JABLONSKI PROJECT ENGINEER-WAYNE GANNETT JOHN GORALSKI, PLANNER PAT COLLARD, ZONING ADMINISTRATOR FIRE MARSHALL, N. W. BODEN WISER NEW BUSINESS SITE PLAN NO. 41-89 TYPE n, HC-lA DR. LESTER BRYMAN 50 MILLER mLL, ROUTE 9 BETWEEN ZAYRES AND RAY SUPPLY FOR AN AUTO REPAIR SHOP IN THE PRESENT VACANT BUILDINGS. (WARREN COUNTY PLANNING) TAX MAP NO. 71-1-5 SECTION 4.020 K LOT SIZE: 33 ACRES DR. LESTER BRYMAN PRESENT STAFF INPUT Notes from John Goralski, Planner (See attached) Warren County Planning Board disapproved. Intense use, fire marshal and building inspector concerns, landscaping plans not sufficient. (On file) DISCUSSION HELD JOHN GORALSKI-Read letter from N. W. Bodenweiser, Fire Marshal dated June 7,1989. It is the opinion of the Fire Marshal's office that this building owner has not been cooperative in closing up a building that was involved in a fire several months ago, and in effect is in violation of the NYS Uniform Fire Prevention and Building Code, Section 1153. in entirety. Dr. Bryman, said owner of property, has been cited via my office and the Building Department. Other areas that must be addressed are steps and stairways to house, be replaced. Electrical wiring damaged by fire needs to be checked by the UL inspector and recertified. MR. BODEN WEISER-Stated the building itself would have to be completely refurbished, the interior to allow this. There is a trailer attached to the building that he wants to use as an automotive center. This must be addressed in order for you to accept this. There are three buildings on the property; the trailer is attached to the back end of the. . .to the back of the garage. Have had a difficult time in getting Dr. Bryman's cooperation in getting the building boarded up. This has presented a problem for fire service and people getting into the building. On the fourth building there is a small shed in the back which is on another elevation. You have to take a good look at the property to determine whether it would be acceptable to this plan. MR. GORALSKI-Read letter from Dave Hatin, Director of Building and Code Enforcement, dated June 9, 1989. (on file) DR. BR YMAN-Stated that he has had conversations with John Goralski, asking what he needed to do, told me to complete it I went back to him and he said it looked fine, now I fine that its not fine. This property has been sitting up there 20 or 30 years and its been fine, we had a fire in the front building and now the property is not fine. I have to make a living I have a gentlemen who would like to rent it, but I can't rent to him now. I don't want to rent something that isn't good. I want to conform we were in the process of cleaning the place up you stopped us. 1 --- -- ../ '-...-- - --- ----/ MR. GORALSKI-Stated what happened was he had not gone out to looked at the site. When I went out and looked at the site the parking that's indicated on the plan I don't think you can park the cars there without doing some type of site work first. I didn't realize this until I went out to see the site. As for the other items on the checklist, the permeability when I went back and looked at the application this could be a misunderstanding because at a recent meeting the Board has determined that gravel area will no longer be considered permeable, also the parking area will not be considered permeable that was not a clear cut issue. MR. ROBERTS-Stated particularly a traveled gravel area. MRS. MANN-Stated that they probably shouldn't be reviewing this because there is no plan for this. MR. GORALSKI-Stated that Dr. Bryman, felt since he did not plan on doing any work on the site that he did not need to do storm water drainage calculations. GILBERT DEMELLO-Asked if the Board would explain to him what has to been done to put cars in there. They are going to have 15 to 20 cars, no body work is going to be done. MRS. MANN-Stated that they have to present the traffic that this is going to generate, what happens to the used parts when you get through with them. MR. ROBERTS-Stated they the Board doesn't design plans, they respond to your designs. We make it clear on the checklist what we expect you to give us for us to respond to. MR. DESANTIS-Stated that the application doesn't state that you are going to be selling cars. The plan shows a total of 24 parking spaces, the electronic store needs 13, you just said your going to have 10 to 15 cars there for sale, this plan doesn't show any sales area, it doesn't show any place where the people are going to presumably are going to drive in to park the car that their driving. It doesn't show where your employees are going to park. DR. BR YMAN-Doesn't understand why he has to come to the Board for an okay to use his property? MR. MACRI-Stated that he is changing the use of the property. Stated that he is going to have to get plans, he is going to have to get a building permit things have to be rectify also. We are concerned with traffic, site plan that meets drainage and erosion, that the septic system is adequate. MR. ROBERTS-Stated that they would also want you to appear before the Beautification Committee, or have you? DR. BRYMAN-Stated they are going to appear on July 10th. PUBLIC HEARING OPENED GEORGE GOETZ-owner of the property south of Dr. Bryman's property. We have 2i acres of property there I don't think there is really much to comment on at this time. The questions you've all asked are the same questions which we have there are several other neighbors who are here, but I think for all of us to comment at this time until he does have something that is really concrete would be a waste of everybody's time. Thank you. DANIEL OLSEN-29 Carlton Drive. Has the applicant. . .application or has he tabled? MR. ROBERTS-We haven't gotten to that point yet, that's the next question. MR. OLSEN-I have some other questions. He could have his application tabled. MR. OLSEN-As a owner along with my wife, speaking only on behalf on my wife and myself a resident of 29 Carlton Drive. Behind the existing property, personally I have no objection to some kind of a use of the existing wooded building if it can be brought up to code. I think the Town Board should be looking at the developers that want to recycle existing buildings. This has to be brought up to meet the proper codes. I don't think its a proper location in that neighborhood for a car sales or a body shop. The notice that I got did sayan auto repair shop. I would be concerned about the back property where the trees are in case their was a fire back there it might go through the woods into the residential homes that property the back lot property this would be my concern. Thank you for your time. MRS. MANN-Dan Olsen raised an interesting point about a used car lot on Miller Hill, is that one of the things allowed in that area? PAT COLLARD-That is a permitted use, automobile sales. 2 --' \ "---- ../ - -./-./ MR. ROBERTS-Tonight the gentlemen stated that he is not going to be using the front building, so we really don't have a very good hand on what the entire parcel is going to be expected to do. ~R. ~ACRI-I think we ought. to find out what the intent of the front building is because if Its gOIng to be used for anythIng else other than an electronics store in the future that's what your representing in the site plan you won't be able to use it for anything else unless you come back for another site plan. MR. MANN-What constitutes a small mall since we have three buildings located on a piece of property? PAT COLLARD-Three businesses. MRS. MANN-What are the legalities involved in a mall? PAT COLLARD-I would have to look into that and talk that over with Dr. Bryman. MRS. MANN-I think you have a potential here for three businesses on 125 foot long piece of property on a extremely highly traveled section of Miller Hill. I think you have to look at the potential if this could be a mini mall and the various requirements that might be with that. MR. DEMELLO-I'm leasing the whole works. That building goes up to Zayres Department Store there is nobody behind Zayres. On this side is Ray's Electric and Ray's Electric goes back a ways, so who is going to squawk about it? MRS. MANN-We are. PUBLIC HEARING CLOSED MOTION TO DENY SITE PLAN NO. 41-89 DR. ·LESTER BRYMAN,lntroduced by Hilda Mann who moved for its adoption, seconded by Keith Jablonski: Deny based on the fact that it is totally incomplete. What we do see is in contrast with what we're hearing from the applicant himself concerning the various uses of the building that there is a potential here for a mini mall situation. Duly adopted this 27th day of June, 1989, by the following vote: A YES: Mr. DeSantis, Mr. Macri, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSENT:N one SITE PLAN NO. 25-89 WR-lA TYPE 0 SUSAN CAROLAN POPOWSKI NORTHERN SHORE OF GLEN LAKE APPROX. Ii MILES, HOUSE ON RIGHT, JUST BEFORE GLENMORE HOTEL. PRESENT USE: F AMIL Y SUMMER CAMP PROPOSED USE: UPDATING SUMMER CAMP FOR FAMILY USE: NOT FOR SALE PURPOSES. (WARREN COUNTY PLANNING) TAX MAP NO. 38-4-8,9 TAX MAP NO. 38-2-23 SECTION 4.020 D LOT SIZE: 2/3 ACRE JOHN GORALSKI-Read letter from Carolan Popowski requesting to be tabled. They are aware that they need a variance for the 75 foot Glen Lake setback regulations for their addition. (on file) PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING TO REMAIN OPENED SUBDIVISION NO. 11-1989 WR-lA MODIFICATION OF FINAL STAGE PL. BOARD APPROVAL ON 3/7/73 TYPE: UNLISTED LAKE SUNNYSIDE ESTATES, INC. CAROLE CACIOPPI SOUTH SIDE OF LAKE SUNNYSIDE, NORTH OF SUNNYSIDE ROAD MODIFICATION OF LOTS 4, 5, AND 10. THE ZONING BOARD OR APPEALS GRANTED A CONDmONAL VARIANCE FOR THE PROPOSED RE-SUBDIVISION OF LOTS 4, 5, AND 10 ON MARCH 22, 1989. TAX MAP NO. 46-3-4 SCOTT HA TZ-Law firm of McPhillips Fitzgerald Meyer & Mc Lenithan. Stated that in the mid 1970 Mrs. Cacioppi and her husband purchased 6 lots on Lake Sunnyside Estates and built and residence on one lot. Mrs. Cacioppi has sold her residence, but maintained the ownership of the 5 vacant lots. Subsequently there was rezoning in 1982 and again last fall and the zoning 3 .-- ....- \ ... ,--.- --- classifications changed to water front residential one acre. Mrs. Cacioppi was unaware of this this being out of state and then desired to now sell the lots. In March we went before the Queensbury Zoning Board of Appeals, for variances because these lots are undersized. On Lots 19 and 20 we obtained variances and on Lots 4, 5, and 10 we obtained an conditional variance provided that we come before this Board and essentially extinguish Lot 10. . .they would grant the variance conditioned upon making the three lots into two and in turn modified Lots 4, and modified Lot 5. We now again have undersized lots instead of being approximately i acres lots we have one more than slightly 3/4, one slightly less than 3/4 of an acre. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MOTION TO APPROVE SUBDIVISION NO. ll-1989, LAKE SUNNYSIDE ESTATES, INC. CAROLE CACIOPPLI, MODIFICATION OF FINAL STAGE,lntroduced by Frank DeSantis who moved for its adoption, seconded by Hila Mann: To approve on the grounds that it brings the existing subdivision more into compliance with current codes. It is the best possible effort that the applicant can make under the circumstances. Duly adopted this 27th day of June, 1989, by the following vote: A YES: Mr. DeSantis, Mr. Macri, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSENT:N one SUBDIVISION NO. 12-1989 WR-lA PRELIMINARY STAGE TYPE: UNLISTED FRITSCH SUBDIVISION SOUTH SIDE OF EAGAN ROAD, ADJOINING HUDSON RIVER OWNERS/APPLICANTS WISH TO DIVIDE THE PROPERTY INTO TWO LOTS, EACH OWNING ONE LOT INDIVIDUALLY AND CONSTRUCT SINGLE FAMILY RESIDENCES ON HE PLATEAU ADJOINING EAGAN ROAD. TAX MAP NO. 137-2-9.7 LOT SIZE: 4.75± ACRES CHUCK NACY COULTER AND MCCORMACK PRESENT AND PAUL FRITSCH MR. NACY-Stated that this is basically divided into three parts, the northern third is with a plateau followed by 50 per cent of the property which is extremely steep with a slope, and the remainder of the property along the Hudson River being a plateau. .. There are seasonal camps located along the river portion of the property and want to make a subdivision of their land. Each will own one lot individually and construct a single family residence on each of these lots. Demonstrated that the eastern lot which becomes two acres of land, the westerly would be the main portion with about 2.75 acres of land. Stated they will conform with the requirements along with whatever is necessary for the installation of the septic system, and the buildings themselves. STAFF INPUT Notes to file, John Goralski, Planner (See attached» ENGINEER REPORT Wayne Gannett, Project Engineer (See attached) DISCUSSION HELD ME. DESANTIS-Stated that by looking at the percolation test result it says you dug an 18 inch deep shovel excavation, asked if he went deeper that 18 inches? MR. NACY-Stated that for a percolation test that's the required depth. It ranges from 12 inches to 24 inches. MR. GORALSKI-Stated that the depth to high ground water maps in our office it shows. . . MR. GANNETT-Stated that on the Northern Distributing property the ground water is about 35 feet deep. MRS. MANN-Stated that there are a lot of springs through that. Asked if the two former camps were Mr. Fritsch? 4 .~ .-' \. .I '------ - -~ MR. FRITSCH-There is one spring behind both camps which is about 80 feet down. MR. ROBERTS-Stated his concern was to make sure the springs don't get tampered with. Thinks that we should require a importation of heavier soils in the septic system. MR. GANNETT-Stated that if there is a situation where importing fill to slow down the percolation rate is granted this is the decision of the Board. MR. ROBERTS-Asked that even if the water table is that deep? MR. GANNETT-Stated that it provides a little extra measure of protection. The new Health Department Standards will be requiring dual systems where the soil is to permeable. MR. DESANTIS-Stated that in the case there are people down slope taking water from springs that we know about and we have soils that are a minute at best. It would be a good idea to bring some fill into the septic systems. MR. NACY-Stated this was an added expense. In this case they have conformed to the Department of Health Regulations and the Town's Sanitary Code, and have maintained the 200 feet rather than 100 feet which is required. We have 200 feet of horizontal distance between the proposed septic system and the existing springs, and have at least 60 feet of sand. MR. MACRI-Stated that the slope is to close to the systems itself, thinks he's losing something by putting them that close to the edge of the slope. Stated that he is not only going to have absorption going down you're going to have sideways flow. We're concerned with the sideways flow. MRS. MANN-Asked if they identified every spring? MR. NACY-Thinks that they have. MR. JABLONSKI-Asked if the camps are seasonal camps? MR. ROBERTS-Asked if they were dealing with two principal buildings on lots or seasonal buildings? MR. FRITSCH-Stated that the buildings are not livable much of the year. MRS. MANN-Asked if they rented them in the summer months? MR. FRITSCH-No. MRS. MANN-Stated this was a viable option they have to face. MR. MACRI-Stated he scaled which is changing the elevation from the edge of the leach fields to 360 line and takes place in 15 feet change of elevation of 8 feet. Thinks that the Board should look at that because its a 50 per cent slope next to the edge of the septic system, thinks this is a concern. Thinks that they should also look at possible lining the sides to a certain depth to prevent any leaking. MR. GANNETT-Stated that it may be possible to move the septic system on Lot 1 further back to the edge. MR. NACY-Stated they could move it 10 feet to the north. Has no problem drawing it back. MR. GANNETT-Stated that by providing this fill gives some assurance. MR. NACY-Asked if they knew what the recommendations are? MR. GANNETT-Doesn't have specific recommendations. MR. NACY-Said if they move the systems back as far as possible and guarantee current D.E.C. standards, and excavated and pre-fill absorption field where the soils have been tested accurate and were allowed to settled. . .would this be sufficient? MR. MACRI-Stated he would still be concerned with lining at least the sides that's adjancet to the slope and ground. PUBLIC HEARING OPENED NO COMMENT 5 '---' \, "'-........ - / -~ PUBLIC HEARING CLOSED RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 12-1989 FRITSCH SUBDIVISION,Introduced by Victor Macri who moved for its adoption, seconded by Frank DeSantis: WHEREAS, there is presently before the Planning Board an application for: Subdivision No. 12-1989, PRELIMINARY APPROVAL, Fritsch Subdivision, 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, NOW, THEREFORE, BElT RESOL VED: 1. No federal agency appears to be involved. 2. The following agencies are involved: None 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 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 6l7.11 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 27th day of June, 1989, by the following vote: A YES: Mr. DeSantis, Mrs. Mann, Mr. Macri, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSENT:N one MOTION TO APPROVE SUBDIVISION NO. 12-1989, FRITSCH SUBDIVISION,lntroduced by Frank DeSantis who moved for its adoption, seconded by Victor Macri: To approve with the understanding that the applicant adjust the site of sewage disposal area on both lots making every effort to move it farther towards the beginning of the slope. To discuss with the consulting engineer the lining of the side of the sewage disposal area on Lot 1, which is nearest the slope with whatever materials that he believes suitable, and given the fact that we've gone through the long from EAF and find no negative impact. The drainage wavier request given the size of the lots and recommendation by the consulting engineer we grant the wavier request. Duly adopted this 27th day of June, 1989, by the following vote: A YES: Mr. DeSanits, Mr. Macri, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSENT:N one SITE PLAN NO. 42-89 TYPE n, HI-3A, GLENS FALLS CEMENT CO., INC. LOWER WARREN STREET FOR STORAGE OF REFRACTORY BRICK AND EQUIPMENT 1,200 SQ. FT. (WARREN COUNTY PLANNING) TAX MAP NO. 113-2-4 SECTION 4.020-0 LOT SIZE: 44.7 ACRES STAFF INPUT 6 -- \ .\....-..- -- ./ - --.----- Notes from Lee A. York, Senior Planner (On file) Warren County Planning Board approved. (on file) Warren County Planning approved. (on file) DISCUSSION HELD MR. DESANTIS-Stated that on the application it says a 20 ft. by 30 ft. building and on the agenda is says a 1,200 square foot building. Asked if this is going to be a two story building? APPLICANT-Stated that its basically two stories at the bottom it will be opened. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MOTION TO APPROVE SITE PLAN NO. 42-89, GLENS FALLS CEMENT CO., INC.,lntroduced by Frank DeSantis who moved for its adoption, seconded by Victor Macri: To approved based upon the extensive review of staff and the fact that we clarified the multiplication in this matter. Duly adopted this 27th day of June, 1989, by the following vote: A YES: Mr. DeSantis, Mr. Macri, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSENT:N one SITE PLAN NO. 43-89 TYPE n SR-lA, RICH SCHERMERHORN DIXON ROAD, DIRECTLY ACROSS FROM DIXON HEIGHTS TOWNHOUSES TO CONSTRUCT A DUPLEX ON THE PROPERTY. IT WILL BE OWNER OCCUPIED IN HALF OF THE UNIT. (WARREN COUNTY PLANNING) TAX MAP NO. 93-1-L3 SECTION 4.020-G LOT SIZE: L09 ACRES RICH SCHERMERHORN PRESENT MR. DESANTIS-Asked if this proposal met all the setback that were in place when the original subdivision was approved? MR. SCHERMERHORN-Yes. MR. DESANTIS-Asked if the only reason they are looking at this is because the Ordinance changed, that all duplexes are subject to site plan review? MR. GORALSKI-Exactly. MR. DESANTIS-Asked if this was an approved residential subdivision that was approved for duplex use and this is totally in conformance with the prior approval? MR. GORALSKI-Right. STAFF INPUT Notes from Lee A. York, Senior Planner (on file) Warren County Planning Board approved. (on file) ENGINEER REPORT Wayne Gannett, Project Engineer (on file) PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MOTION TO APPROVE SITE PLAN NO. 43-89 RICH SCHERMERHORN,lntroduced by Peter Cartier who moved for its adoption, seconded by Frank DeSantis:: Approve with the stipulation that a note be provided indicating the septic system be designed 7 ',,-, -....../ '~- ./ -~ in accordance with the approved subdivision map. SEQRA has been addressed in original subdivision approval. Duly adopted this 27th day of June, 1989, by the following vote: A YES: Mr. DeSantis, Mr. Macri, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSENT:N one DISCUSSION HELD MR. MACRI-Stated that he would like to make an recommendation that we revise the Zoning Regulations to eliminate any preexisting subdivision which allows duplexes for site plan review. MR. ROBERTS-Stated that this will be a amendment to the Ordinance. MR. GORALSKI-Stated that if they would like to include this as an amendment to the Ordinance we will do this. SITE PLAN NO. 3D-89 DR. SHIMON SHALIT AND MALKA SHALIT JAMES HUNT C. T. MALE ASSOCIATES REPRESENTING THE SHALIT'S 'MR. HUNT-Stated that at the last meeting they had comments from the Planner and Rist Frost Associates, would like to show how we addressed this issues. Parking space we have dimensions to show the 20 foot deep parking space with a minimum of 20 foot tiles in all areas of the site with the exception of the handicap spaces which are 12 feet wide by 20 feet deep. The loading area on the north side has been moved to guarantee that we have a 15 foot wide loading dock. The comments from Rist Frost, we have revised the two parking islands to accommodate the radius of the full size tractor trailer. The green area was addressed at the last meeting by including the 30,000 square foot parcel in the back. Erosion control measures were a concern at the last meeting (presented erosion control sedimentation control plan to the Board) this shows how we are going to control erosion on the site which includes the construction of the fence around the southern border and hay bales along the rear of the site, the hay bales will control the flow of the water. The drawing includes specifications on how this is to be erected and also the instructions on the use of the retention base as a sedimentation pond. MR. GANNETT-Stated that their comments have been basically addressed. Have no further comments on the project. MOTION TO APPROVE SITE PLAN NO. 3D-89, DR. SIDMON SHALIT AND MALKA SHALIT,Introduced by Joseph Dybas who moved for its adoption, seconded by Hilda Mann: To approve having met the requirements of the Town. The information asked for has been addressed. Duly adopted this 27th day of June, 1989, by the following vote: A YES: Mr. DeSantis, Mr. Macri, Mrs. Mann, Mr. Cartier, Mr. Dybas, Mr. Jablonski, Mr. Roberts NOES: None ABSENT:N one On motion the meeting was adjourned. RESPECTFULLY SUBMITTED Richard Roberts, Chairman 8