1983-06-01
1:<1
MINUTES
QUEENS BURY PLANNING BOARD
June 1, 1983
Present: R. Roberts, Chairman
R. Montesi, Secretary
J. Dybas
W. Threw
H. Mann
K. Sorlin
R. Noll
Staff: S. Lynn
M. Dean
Paul Naylor, Highway Supt.
The minutes of the May 4, 1983 meeting were approved as written.
OLD BUSINESS:
Off-Premises Sign No. 19 - Regency Park Associates
corner Quaker & Meadowbrook Roads
Niagara Mohawk property
Ms. Mary K. Zibro present. This application had been tabled from
the previous month pending a more accurate description of sign
placement. The sign will be on the east side of Meadowbrook
Road going north. The sign will be 105 feet from the center of
the road (Quaker Road). The sign is conforming.
Motion for approval by Mrs. Mann, seconded by Mr. Montesi.
Motion carried unanimously.
RESOLVED: Off-Premises Sign No. 19 approved.
SUBDIVISIONS:
Land O'Pines, West Mt. and Peggy Ann Roads - Review storm water
drainage.
Dr. and Mrs. Nelson Miller. Robert Ruggles. Norman Benack.
The Millers called Chairman Roberts to express their concerns
about drainage from the Land 0' Pines Subdivision. When they
bought their home they were unaware that there would be a sub-
division across the street from their property, they believed
it to be watershed property. They were upset that t,hey had not
received notification of the Land 0' Pines public hearing. Mr.
Roberts reviewed the procedures for notifying property owners
of public hearings. The New York State Law only requires that
owners of property within 500 feet of a variance application be
notified. This is not a requirement for subdivisions. Mr.
Roberts noted that other communities do notify people within
200 feet of a proposed subdivision and perhaps this Board should
do the same. The Board will discuss this further and act on it
at another meeting. The Miller's problem is that they have
built a pond (dredged an area that had been a pond years ago) through
which the Land 0' Pines storm water drainage easement would eventu-
ally flow. Mr. Roberts asked the Miller's, the developer and
Paul Naylor to be here to discuss the Millers' concerns.
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June 1, 1983
Dr. Miller stated that, at this time, operating on certain assump-
tions, they have come to believe that they don't have a major
problem. The nature of the soil is sandy and porous and it would
seem that not very much water would run along this ditch, ultimately
into the culvert and into the Miller pond. Curbs or macadam could
accelerate the flow rate and cause problems. Dr. Miller said that
he had not seen any evidence of Jwater ever flowing in the culvert,
probably due to the porous nature of the soil. Mr. Ruggles noted
that in spite of all the rain we have had there has been no water
accumulation anywhere at the present time. He said there would be
nine dry wells and pipes leading to the other side in various
directions with drain fields. There will be no curbs in the sub-
division, the culvert will remain grassy, no piping, perhaps crushed
stone. There would be 400 to 500 feet of road draining toward the
ditch. Mr. Naylor said that for over ten years it has been that
wherever water runs there is a special easement and you cannot stop
it. If you put a pipe in after the fadt, you can be sued for the
damage caused by it. Mr. Montesi said that if snow is mixed with
sand and oil, is plowed off the side of the road to the ditch and
melts it probably ends up in the pond now. If that is the natural
flow of water it cannot be stopped. Dr. Miller said that the way
things currently are it soaks into the ground and it is a slow process.
Mr. Montesi stated that this particular subdivision has probably
come under harder scrutiny of the Board than any in the past. Their
concern has been that this is a flat piece of land and that they
didn't want to, as a Town, inherit the problems of drainage. They
have asked this developer to make some very specific recommendations
and plans for drainage. Mr. Montesi said they have done that to a
credible degree. No one can say that sometime down the road there
won't be more water in the ditch than there is now, but the Planning
Board has used the power they have to make sure it is a well drained
subdivision. Mr. Roberts said the Millers can be assured that
they will be notified of the next public hearing regarding the
rest of the subdivision that has yet to be approved finally and he
hoped the Millers could see that they had done more thinking on
pollution and complying with SEQR with this subdivision than on most.
Mr. Roberts thanked everyone for coming to the meeting for the
discussion.
Stonecroft Subdivision No. 1-83, Phase I - Final Approval
7 lots West Mt. Road, Ken Mahoski, Developer
Mr. Mahoski and Mr. Leon Steves present. Mr. Roberts said that
the public hearing has been held and applicant has been given
preliminary approval. Mr. Naylor was asked for his input. Mr.
Roberts told Mr. Naylor that Phase I is the Planning Board's
final approval for the road to be built according to the Town
specs. Mr. Naylor said he was satisfied with the alignment of
the road and the profile as proposed. Mr. Naylor said he was not
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June 1, 1983
one-hundred percent satisfied with the one drainage on the bottom
but he thinks they can work that out as they go up to the top.
He has mentioned to Mr. Mahoski what he would like to see and they
are in agreement. Mr. Steves noted that on the plans there is
provision for a twenty foot wide drainage easement on the westerly
edge of the subdivision which will handle future division itself.
Mr. Naylor asked for clarification as to where the road starts
and stops. Mr. Steves said "wherever you want it". There will be
a turn around. Mr. Montesi asked Mr. Naylor if he was satisfied
with the culvert crossing West Mountain Road. Mr. Roberts asked
Mr. Naylor to follow up with a letter for the files regarding
highway approval. Mr. Roberts asked if there was a negative
declaration for SEQR. Mr. Lynn explained that it was not required
because this is Type II Site Plan with less than 50 lots. A
negative declaration is only required for Type I with more than 50
residential properties. In response to a question from Mr. Sorlin,
Mr. Naylor said the culvert across West Mountain Road is already
there and they are doing nothing more as far as directing water
across the street. Mr. Montesi offered motion for final approval
of Subdivision No. 1-83, seconded by Mrs. Mann. Motion carried
unanimously. Mr. Threw abstained.
RESOLVED: Final approval of Subdivision No. 1-83
Phase I - 7 lots West Mountain Road.
Not on agenda:
Robert McDonald Subdivision. Mr. Lynn said that Raymond Buckley
was present to discuss a problem. The reason why there is not an
application is that Mr. Lynn referred it to counsel and was awaiting
a reply. Mr. Buckley said that a year ago they had received all
the necessary approvals for the subdivision but that he had not
filed them and the deadline for filing had passed. He was asking
for an action to reaffirm the approval so that it can be filed.
Mr. Lynn said he could relate the opinion of counsel but that he
had not directed Mr. Buckley because he was waiting for the opinion
in writing. Counsel said approval is non-existent and the problem
now is a density change with the new ordinance. In order to submit
the subdivision as previously submitted and approved, it would have
to go back and attempt a variance for the lot size or redesign the
subdivision to reflect the present density requirements. Mr.
Buckley then asked, if this was necessary, would the Board consoli-
date the hearings into one. Mr. Lynn said the Planning Board does
not have the jurisdiction to grant the variance if one is necessary
to continue with the existing lot sizes. Mr. Buckley said that
it was three weeks ago that counsel had been asked for his opinion.
Mr. Buckley said the roads have been cleared and the T's off the
water main are installed. Mr. Montesi asked if there was a reason
why the subdivision papers were not f±led. There was no answer.
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June 1, 1983
Mr. Roberts said the Board would have to wait for advice from
Counsel and review at next month's meeting.
NEW BUSINESS:
Site Plan Review, Type II #7-83
Alan Mercure
94 Meadowbrook Road
UR-5 Zone
Mrs. Alan Mercure present. Mrs. Mercure said they had received a
building permit to construct a garage for storage. They put in
a bathroom and partitioned it off and made an apartment. In
addition they put in a septic system without a permit. Mr. Roberts
said there is reason to believe the system does not meet specs.
Mr. Roberts suggested that the Mercure's discuss the proper pro-
cedures to be followed with the Building Inspector. Mr. Lynn said
in order to satisfy the requirements the determination must be
made regarding ground water, soils and percolation rate. He
recommended that the Mercure's contact someone to do the testings
before any installation is begun. There is also an illegal occupancy
to be dealt with in the garage apartment. Mrs. Mann offered a
motion to table, second by Mr. Montesi. Motion carried unanimously.
VARIANCE No. 831 - Joyce Stock (Heidelberg Inn)
south side Quaker Road
HC-15 Zone
Mrs. Joyce Stock present. Application for off-premise free standing
sign on Warren County ROW. Mrs. Stock has requested permission
from County. Sign will be 66 feet from center of Quaker Road which
will bring it in line with other signs in the area. If the road
is expanded the sign would probably have to be removed. Motion
for approval by Mr. Montesi, seconded by Mr. Noll. Motion carried
unanimously.
RECOMMENDS: The Board recommends approval of this
sign variance.
VARIANCE No. 832 - Paul E. Verterby (88 Acres Nursery)
north side West Mountain Road
SR-30 Zone
Mr. Paul Vesterby present. Application for greenhouse for growing
of plant nursery stock. There is only one neighboring house that
could be bothered and they are happy with the greenhouse. Mrs.
Mann offered motion for approval, seconded by Mr. Threw. Motion
carried unanimously.
RECOMMENDS: The Board recommend approval of this
Use Variance. This is a pre-existing
non-conforming use and it is considered
an accessory to the business and is in
keeping with the character of the land.
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June 1, 1983
VARIANCE NO. 833 - Dr. and Mrs. James Glendening SR-30 Zone
west side Ridge Road, Lot 4 Ridge Meadows
Mrs. Glendening present. Application to allow single family
dwelling on 27,000 sq. ft in lieu of the required 30,000 sq. ft.
The Glendening's would like to sell the lot without destroying the
hedgerow of maple trees and old stone wall that belongs to their
parcel. Mrs. Mann stated this property could be listed in the
historical records and that to destroy the wall and trees would
not be in keeping with the overall good planning concepts for the
Town. Mrs. Mann offered motion for approval, seconded by Mr. Noll.
Motion carried unanimously.
RECOMMENDS: The Board recommend approval of this
area variance based on the following:
Pre-existing lot, no reason to destroy
a hedgerow to give 15 ft. more to make
lot conform.
VARIANCE No. 834 - John E. DalY, Jr.
Lot 14 Lady Slipper Drive
SR-20 Zone
Mr. John Daly present. Application for 2 car attached garage with
7 ft. setback on side in lieu of required minimum 10 ft. setback
and total of 30 ft. for both sides. Total for both sides will be
25 ft.
Motion by Mr. Sorlin for approval, seconõed by Mr. Dybas. Motion
carried unanimously.
RECOMMENDS: The Board recommend approval of this area
variance based on the following:
Area variance - there has been a change in
zoning ordinance since the house was built
making it difficult for owner to conform.
VARIANCE No. 835 - L. Rae Gillis
Lockhart Road
RC-5A Zone
Mr. Gillis and Mr. Gannin present. Application for four story
poultry house to be used for dry storage and single story poultry
house used as an automotive repair shop.
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Mr. Montesi said the Fire Marshal had expressed concern to him
regarding automotive spray painting in this building. Mr. Montesi
said he had a problem with this application because of all the
things that have been required of the Top 0' the World developer
to make sure that the project is in keeping with Lake George
scenery and everything else. Mrs. Mann said that this is not in
view of Lake George and this would be a good use for the pre-
existing buildings. Mr. Gannin said that he had renovated the
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June 1, 1983
building and made the outside more attractive. Mr. Gillis lives
th~re and insists that the area be kept neat. Mr. Sorlin said he
has a problem with the auto repair building based on past history
of allowing uses in that area with stipulations that have not been
met. He envisions this area as being in keeping with a recreational
area. Mrs. Mann stated that Mr. Gillis owns a valuable piece of
property and he certainly would not allow it to deteriorate. Mr.
Dean asked what kinds of potential pollutants might be forthcoming,
ego fumes, dust, oil, noise, etc. Mr. Gannin said he does no
engine work, just body work. The spray paint fumes are exhausted
by fans that blowout the north side of the building. There is
no problem with noise. Mr. Dybas said that since Mr. Gannin had
been operating this business for two years and there have been no
complaints from residents in the area, the owner will be controlling
the property, he moved for approval. Motion for approval by Mr.
Dybas, seconded by Mr. Noll. All in favor with the exception of
Mr. Montesi and Mr. Sorlin who voted no.
RECOMMENDATION: The Board recommend approval of this
use variance based on the following:
Variances would only go with present
owner/operator, Mr. Gannin. This is
for the garage as an auto body shop.
This variance would also include the
other building as dry storage.
VARIANCE NO. 836 - William E. Threw
south side Sherman Avenue
SR-20
Mr. William Threw and Mr. Tom McCormack present. Application for
manufacture of concrete products in pre-existing building.
Mr. Roberts noted that in planning they had tried to pick up a
large area for light industrial usage in that part of Town and
some of the neighbors closer to the City objected so they went
with a 500 foot buffer zone to some extent. However, in this area
with the pre-existing building, this was close to what the Board
had proposed. Motion for approval by Mr. Sorlin, seconded by
Mr. Dybas. All approved with the exception of Mr. Threw who was
not voting and Mrs. Mann who voted no. Mrs. Mann disagreed with
the verbage of the recommendation preferring it to say that it
was previously used as a slaughterhouse, was sitting in the middle
of a sand bank and it was not suiuable fOTI residential use, recommend-
ing that it be rezoned light industrial.
RECOMMENDATION: The Board recommend approval of this
use variance based on the following:
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Building exists.
Use adjacent to industrial zone.
Would not change character of area.
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June 1, 1983
VARIANCE NO. 837 - William E. Threw SR-20 and LI-1A
south side Sherman Avenue
Mr. William Threw and Mr. Tom McCormack present. Application for
mobile home park.
Mrs. Mann offered motìon for approval, seconded by Mr. Nowl.
Motion carried unanimously with the exception of Mr. Threw who
did not vote.
RECOMMENDATION: The Board recommend approval of this
use variance for Trailer Park -
Phase I and Phase II based on the
following:
1. Hardship - no place for trailer
parks in Town based on our ordinance.
2. Split zone - residential and light
industrial.
3. Niagara Mohawk right-of-way cuts
land up to a degree.
4. Buffer between Sherman Avenue and
residential zone in rear.
?·3·~3 cJWø ~
Richard Roberts, Chairman
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