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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. -- /~~ Page Two 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 '-- /.23 Page Three 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. '-- / 02 if Page Four 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. / ;)S Page Five 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. \'.- 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 /J. 0 Page Six 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: '-, Building exists. Use adjacent to industrial zone. Would not change character of area. / J 7 Page Seven 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 /~ ,;II.~~ ~ , . /' ·'3 ----