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1983-03-03 '?~ ¡¡MINUTES Queensbury Planning Board March 3, 1983 8:00 p.m. '- Present: R. Roberts, Chairman R. Montesi, Secretary H. Mann J. Dybas K. Sorlin W. Threw Absent: Minutes of the February 2, 1983 meeting were approved as written. OLD BUSINESS: Top 0' the World Development, Inc. - Final approval for PUD Mr. Ralph Boice, Mr. Frank DeSantis, Esq. and Mr. Bryan Harrison present on behalf of applicant. ' Mr. Roberts stated that he had asked the applicant to grant the Board a delay in making a decision based on the fact that the Adirondack Park AGency public hearing had not been held and the Board was looking for their expertise in helping to arrive at a decision. He said that he had received a phone call at 5:10 p.m. today from Bill Lamy, DEC project manager on the SPEDES permit and they are apparently not as comfortable as everyone thought they were. There may still be some changes required, possibly some would be significant (changing the beds, moving some buildings and he did not outlaw the possibility of an entirely differ- ent system). One of the problems is complying with the new Queensbury Sanitary Code which does not allow sand beds on a ten percent slope and at the very least it looks as if 5 out of the 7 beds will require a variance to the Code which is done by our Department of Health (Town Board). Mr. Roberts said the question tonight is, that feeling there is still the possibility of significant changes being made, whether this Board feels comfortable to go ahead with approval or whether they shouldn't have the advantage of more input from the staff of APA and make sure that DEC is satisfied with what is actually going to happen at Top O' the World. He noted that there have been times in the past where the Board has given approval subject to approval of a SPEDES permit and they weren't very happy with the results. Mr. Harrison stated that they have been involved for 45 days with almost daily discussions between EnCon and their own engineers. It was the APA and Soil Conservation Service that selected the sites for the sewage secretion. They had been in direct conversation with DEC as late as this morning with no indications at all that there were any problems with the system. In response to a question from Mrs. Mann, Mr. Harrison stated that EnCon picked the disposal sites, dug the holes, witnessed the tests, made the tests and told them where the systems were supposed to go. Mr. Harrison further stated that there had been a great deal of cooperation between all the agencies involved, if there were problems they had been resolved. He said the developer had responded on every single issue whether it be sewage, lakeshore, water or traffic safety. Mr. DeSantis asked the Board, in the past 45 days, other than the 5:10 p.m. phone call, what attempt was made to communicate with DEC. Mr. Roberts responded that he had attended the day long pre-hearing conference at which time he had asked Bill Lamy to get something to the Board for tonight's meeting and it happened by phone at 5:10 p.m. u Page Two March 3, 1983 Mr. Sorlin asked if they (EnCon) had in fact changed their minds or had they just suddenly realized that what they had decided to do may have been right for them but does not fit with the Queensbury Sanitary Ordinance. Mr. Roberts responded that is part of the issue at least, an important part. Mr. Harrison said they had not asked to vary the Sanitary Code. Every time they have come forward and think they have done everything they are supposed to do, somebody pulls something out of the woodwork at the very last minute. If the DEC designed the system before and the APA and Soil Conservation Service participated in choosing the sites, why would the Board be uncomfortable in going through that process again? Mr. DeSantis, in response to Mr. Roberts request for a delay, said that the earliest possible date for information from APA staff would be April 21. An indefinite delay does not work to anyone's benefit because in the staff's recommendations they have to report the status of this Board's procedure and it's catch 22. Everyone is standing around waiting for the other to move and he hopes the Board can understand the level of frustration this engenders particularly when they have been involved in this process, with this Board initially, for a period of over six months. Mr. DeSantis stated that the APA is the lead agency in this project so that all other permits must follow their permit. Mr. Roberts stated that they had huge boxes of maps, charts, graphs and all kinds of information - they were looking for help from APA and DEC for interpretation rather than hiring their own engineer. Mr. Dybas said that they had all good intentions of relying on other agencies for engineering input, etc. and it hasn't worked. In attempting to cut expenses they have been pennywise and pound foolish. This should be a lesson for this Board and town officials. He would feel very uncomfortable if he were Mr. Boice coming here tonight to find out that at 5:10 p.m. somebody thinks there is a problem. He said that in all their dealings with the applicant there has never been the slightest intent that they would not cooperate and they have done everything beyond their calling. Mr. Dybas said he felt confident if this is approved and there are problems along the way, they will be rectified. Mr. Sorlin stated that, speaking for himself, he has favored this project from the beginning. He said he echoed Mr. Dybas' feelings that he doesn't feel technically capable of answering the questions on sanitary sewage. The only input we've had is from the applicant and we haven't seen fit to get independent input from a town engineer. However, he agreed that applicant had supplied a considerable amount of information, they have studied this for six months and feels comfortable with the safeguards. Mr. Montesi said that he had a problem in asking for a delay of three weeks when this Board, along with the Town Board had wholeheartedly endorsed the concept and they are being asked to approve on a conceptual basis. The applicant has showed where the homes are, the roads, amenities and he is not sure what the recommendations of the APA will do to help the Board make a better decision on '11 Page 3 March 3, 1983 conceptual approval. Within the confines of the Planning Board we are supposed to look forward in the Town, which we have done, we zoned that property for the type of use these people are proposing, we've looked at the conceptual plan in detail as a lay person can and we also have the safeguard of APA, EnCon, Dept. of Health, contract with the Town and Steve Lynn to back us up on the detail of a specific water or septic system. Mrs. Charles Adamson questioned if approval is given by this Board, will they (the applicant) later be able to say that they have a case of hardship because they have gone ahead and put more money into the project thinking they were well on their way to being allowed to do it and they will need variances for all their septic systems and the Board will be forced to give variances because of hardship. Mr. Roberts responded that the applicant had already put alot of money into this project and that would not be considered hardship. Mr. Harrison stated that if the DEC and APA come up with an engineeringly sound decision relative to the project, he believes that is the bottom line. Mr. Montesi offered a motion, seconded by Mrs. Mann to recommend approval of the total planned unit concept. All Board members voted in the affirmative with the exception of Mr. Roberts who voted no. RECOMMENDATION: PLanned Unit Plat Approved PUD in general concept for development of the Top 0' World as presented. Motion by Mrs. Mann, seconded by Mr. Dybas for final approval of Subdivision Phase I. All Board members voted in the affirmative with the exception of Mr. Roberts who voted no. RESOLVED: Final approval of Subdivision Phase I of Top 0' the World development pending all necessary permits from applicable agencies. rs- Page 4 March 3, 1983 NEW BUSINESS Subdivision Map Revision - Butternut Hill Subdivision (Charles Maine, Developer) Mr. Leon Steves present. Applicant seeking to eliminate a spur of a road that went to the end of a property line. The thinking was that someday they could open up adjoining property. That hasn't happened and now the owner wants it eliminated. Mr. Paul Naylor, Highway Superintendent, stated he had no problem with this. The Board has no problem as long as the other property is not landlocked. Mr. Sorlin recommended approval of the revision, seconded by Mrs. Mann. No further comment. Approval was unanimous. RECOMMENDATION: The Board recommended approval of the revision to Butternut Hill subdivision eliminating the small road spur on the south end of the property as presented on new map. Off Premise Sign No. 17 - Susse Chalet Motor Lodge HC15 corner Corinth and Big Boom Roads Mr. Charles Thiex, manager, present. Sign to be located on property of Copper Kettle on corner of Big Boom Road, with consent of Mr. DeSantis. The sign would be less than 15 foot setback. The Board does not have a problem with the location of the sign due to the conditions, however, they cannot approve an off premise sign with less than a 15 foot setback. Mr. Thiex will have to seek a variance through the Zoning Board of Appeals. Motion by Mrs. Mann, second by Mr. Montesi. Motion for approval carried unanimously. RESOLVED: The Board approved Off Premise Sign No. 17 with a fifteen foot setback. Site Plan Review No. 2-83 - Glens Falls National Bank & Trust Co. PC-IA Zone 675 Upper Glen Street Mr. Wayne Jones, Vice President, present. Proposal to add three more drive-in teller windows giving a total of six. The three side drive-in windows will be eliminated and moved to the rear of the building with three new drive-in windows. There will be one-way traffic exiting on Lafayette Street. There will be a night depository at the location of the present drive-in window. Application has been made to DOT. Mr. Dybas made a motion for approval of Site Plan Review No. 2-83, seconded by Mr. Sorlin. Motion carried unanimously. RESOLVED: The Board approved Site Plan #2-83 as presented. This will provide for a better traffic pattern on Glen Street. ( 9~ Page 5 March 3, 1983 VARIANCE NO. 811 - James W. and Susan Z. Mooney east side Cleverdale Road LR-IA Zone Single family house with a 50 foot setback instead of the 75 foot required. Mr. James Mooney present. Mr. Mooney stated that the existing house is now 50 feet back from lake. with the new house the deck would start 50 feet back from lake. The septic will be located more than 100' back from the lake. Mr. Sorlin offered a motion for approval, seconded by Mr. Dybas. All in favor with the exception of Mr. Montesi who voted no. RECOMMENDS: The Board recommend approval of this area variance. Practical difficulty shown is: 1. Existing houses are 50 ft. and to move applicant would be unfair. 2. Not changing character of neighborhood to be 50 ft. On the plus side applicant is moving septic system back farther than present system. VARIANCE NO. 812 - Miriam P. Brown Lake Parkway, Assembly Point LR-IA Zone To replace an existing seasonal dwelling with a 54 foot setback from lake in lieu of required 75 foot setback. The new structure to be broader than the original building, therfore increasing the non-conforming setback. Mr. Robert Ruggles representing Mrs. Brown. The deck will be 52 feet from lake, house itself will be 52 feet back. This is further back than the house that was there. If it is moved further back they will have to remove alot of trees and the grade at the entrance of the driveway will be more difficult. Mr. Sorlin offered motion for approval, seconded by Mrs. Mann. Motion carried unanimously. RECOMMENDS: The Board recommend approval of this area variance. Practical difficulty shown is: 1. All other houses are at less than 50 ft. from lake. 2. This does not change character of neighborhood. Septic system will be back farther from lake than our ordinance requires. VARIANCE NO. 813 - Walter W. Goodwin Pilot Knob Road on Lake George LR-IA Zone To add to an existing dock which already extends more than 40 ft. offshore from the mean low water mark, contrary to Article 7 Section 7.011 (A). 97 Page 6 March 3, 1983 Mr. Walter Goodwin present. Boat draws only two feet of water, sits on bottom of Lake at end of, summer and fall. Dock is in bad repair and needs replacing, would like to extend it at same time. The extension would bring the dock in line with the docks of neighbors on either side. Mrs. Mann offered a motion for approval, seconded by Mr. Montesi. Motion carried unanimously. RECOMMENDATION: The Board recommend approval of this area variance. Applicant's boat now sits on bottom of lake. Ex- tension of dock will not obstruct neighboring docks. VARIANCE NO. 814 - Roger G. Hewlett Dix Avenue HI-3A Mr. Roger Hewlett present. Proposed use - mini storage building. The ordinance calls for a three acre plot and applicant would be using 2~ acres. Mrs. Mann offered motion for approval, seconded by Mr. Dybas. Motion carried unanimously. RECOMMENDATION: The Board recommend approval of Variance No. 814 based on the following: 1. Reasonable use of property. 2. The present owners are operating company as a light industrial use - we might consider this an extension of light industrial zone. 3. The original zone was light and industrial. 4. We are only in need of addressing Use Variance as total property is in the name of the Hewlett's. VARIANCE NO. 815 - Myron J. Watkins, Jr. and Guy Fiorillo HI-3A Mr. Myron Watkins present. Proposed use nursery and greenhouse; including con- struction of a polyetheline covered pipe frame building adjacent to the existing now vacant building, to act as the greenhouse. Mr. Barry Jones, Esq. submitted detailed justification for Use Variance. Mrs. Mann offered motion for approval, seconded by Mr. Montesi. Motion carried unanimously. RECOMMENDATION: The Board recommend approval of Variance No. 815 based on the following: Hardships: 1. High water table. 2. Neighborhood is residential in nature. These characteristics would deter the use of land for heavy industry. The highest and best use is agricultural in nature. ~J Page 7 March 3, 1983 - VARIANCE NO. 816 - Karl A. Paulsen off Pulver Road on Lake George LR-IA Zone Proposed use - to divide a 1.86 acre parcel of property into two lots of .93 acres each in lieu of the required 1 acre and to construct a single family dwelling on the vacant parcel which would not front on a public road. Mr. Leon Steves representing Mr. Paulsen. Mr. Roberts asked the Board members how many of them had seen this property. None of them had because they could not locate it. He mentioned this because he feels that the mapping is very misleading. The Town has been maintaining the road to the property, but only as a convenience to the area, not as an obligation of the Town. Mr. Roberts stated that looking at the map he had no problem with it, but looking on site it was a difficult one for him to accept. He said the land is very rocky (Rocky Point) and he wonders where the septic systems will go. It would appear to him that a Wisconsin Mound system would be necessary and they do not have the required setback footage. Mr. Roberts feels that this property has already been divided, perhaps in an improper manner and to do it another time is the kind of thing they are trying to avoid. Board members Montesi and Mann also expressed concern about location and type of septic system. Mr. STeves said that to his knowledge tests have been made last fall in the presence of DEC to a depth of seven or eight feet. He would have to check with Bill Glass on this. As he understands it groundwater is en- countered at 2~ feet, meaning that the system should have half a foot of fill. Grading of the lot will do this. Mr. Steves said he would investigate this further. Mr. Dybas stated that some people from that area (newspaper accounts) say that septic tanks are not suitable in that area. Mr. Sorlin stated that the people in that area have pleaded with the Board to keep the density down on Lake George. Mr. Montesi offered a motion for disapproval, seconded by Mr. Dybas. Motion carried unanimously. RECOMMENDATION: The Board recommend disapproval of Variance No. 816 based on the following: 1. Lot is less than 200' deep, would require another variance for septic system. 2. It appears that lands on the point have been subdivided poorly in the past. 3. We feel it is an unbuildable lot. 4. We also feel that it is not a good idea to approve homes not on a public highway. 5. Not in keeping with a plan to protect the Lake in general. 6. Appears to be poor quality soil. Point of land is called "Rocky Point". 7. We could be allowing an increase in the density on the Lake. This is one of the things that the public in Lake George feel we should control at all costs. '- 71 Page 8 March 3, 1983 VARIANCE NO. 817 - Pathfinder Communications Corp. off Buckbee Road RR3-3A Zone Mr. Dennis Curley present. Proposed use - radio transmission facility. There is presently a building on site used by the telephone company. This building would be used as it now stands. The proposed tower would be 200' tall and require FCC, FAA approval in addition to an engineering study. Mr. Roberts asked what effect this would have on neighboring television and radio reception. Mr. Curley said there would be no adverse affect because of distance that exists between where they plan to construct and nearest neighbor. Should it occur it would be on Channel 13 and that can be worked out with a simple Radio Shack filter. Mr. Montesi asked if there should be a concern about airways and path to airport. Mr. Curley said FAA would have charge of that, as a pilot he can say that it is not on any of the approaches to the airport. Mrs. Mann asked if the tower would be lighted. Mr. Curley said that would be determined by FAA but for the purposes of this Board, they should assume it would be lighted. There will be no defoliage. The land around the building was recently cleared. Mr. Montesi offered a motion for approval, seconded by Mrs. Mann. Motion carried unanimously. RECOMMENDS: The Board recommend approval of Variance No. 817. The hardship is that almost every site for this tower would require a variance to the ordinance. There is no provision in our ordinance for radio towers. Therefore this is a hardship. &j,/ jttf air