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1985-08-20 '!). if .3 MINUTES Queensbury Planning Board ~ Tuesday, August 20, 1985 8:00 p.m. Present: R. Roberts, Chairman K. Sorlin, Secretary J. Dybas H. Mann R. Noll V. Macri S. Levandowski M. Dean, Staff The Minutes of the July 16, 1985 meeting were approved as written. SUBDIVISION NO. 7-84 Courthouse Estates Section 3 off Glen Lake Road, adjoining Sections 1 & 2 Andrew and John McCormack Developers McCormacks and Robt. Stewart, Esq. present. Mr. McCormack said their purpose was to clarify where they stand as far as their rights and ability to develop Section 3 with or without a second entrance road. He said in October 84 they received conceptual approval from Planning Board to develop Section 3 the entrance being the extension of Courthouse Drive. That presentation reflected their proposal to erect townhouses on northwest corner of property. This also received approval of County Planning Board. A variance application was necessary and applied for. This was subsequently withdrawn - residents of existing subdivision felt duplexes would be detrimental to their interests. At the time of that Oct. approval there were reservations about traffic flow. In January 1985 McCormack proposed acquiring and constructing a road through county property to provide a second entrance. The Planning Board gave conceptual approval to that plan with the proviso that any road coming in from Route 9 be connected to the road in Section 2. They have spent six months trying to get right-of-way from Warren County and as of a week ago that issue seems to be closed. Mr. Stewart said that the only legal point is that the conceptual approval given in January 85 required Mr. McCormack to go to County to see if there was possibility of putting second entrance in crossing county property to Route 9. That they have tried to do. He said they were surprised when they went to County, Mr. McLenithan and Mr. Corbett representing residents of Courthouse Estates opposed the approval of a second road. Mr. Stewart said they were willing to continue to try, within reason, to acquire the property and build the second road. At this point they cannot get access for road through County, they have no way to provide the second access that the Board asked them to inquire into. This land is zoned single family residential, the plan before you is SFR, which complies with all the rules. The Board has a right to look over plans and give steering, guidance and controls that they do job well, as long as advice is reasonable under the circumstances. Mr. Stewart said it would be totally un- reasonable to tell a man who owns a valuable piece of property, zoned for SFR, that he cannot have his subdivision unless he complies with something that is totally out of his control. '--..... ~~ Page Two August 20, 1985 Mr. Roberts said that in the many meetings they have held on this '- subject the one thing that has surfaced on all sides is the fact that entrance where Courthouse Drive joins Glen Lake Road is not anything they are proud of. It would never have happened under the current Highway Supt. He said he would like to have the Board condition an improved entrance onto Glen Lake Road. He said the Highway Supt. is willing to commit time and effort in cooperation with the McCormacks. Mr. McCormack said they had wanted to improve the entrance but it required the regrading of lot 1. They are now in a contract situation with the owner of lot 1, McCormack's will be the owners, they will regrade and improve entrance. Mr. Stewart wanted it noted that the McCormack's were not the owners of Section 1 and 2 when it was developed and did not create the entrance. Mr. Roberts said this is not a Public Hearing but they will take time to hear from the general public. Mr. McLenithan, Esq. filed petition of some residents of Courthouse Estates expressing their opposition. He said Mr. McCormack has chosen to make an economic decision not to have an entrance from Route 9. He believes it was possible for him to purchase property that would allow him to have access to Route 9. Mr. McLenithan also stressed the reality of the safety factor. He understands that under the present proposal the Lake George School District will not make arrangments to have the school bus go into development, children must wait at present entrance. The following residents of Courthouse Estates spoke against the sub- division as proposed: Bob Layton - deny application on grounds of safety. Susan Baker - Ron Bryant - Joe Geroski - Donald Sipp - Bernard McCann - Vincent Reis - Ray Rohne - Claudia Farone - Regina Reis- Roy Urrico - Sue Bloom. Other concerns expressed related to construction noise, emergency vehicle access, EIS (water courses going to Glen Lake). Resident Don Crawford suggest they take a more positive approach and put pressure on County for property. For the record Mr. Sorlin pointed out that the Planning Board discussed, at great length, changing that entrance before they would go with a single entrance to that development. It was only when th~y went to the two road concept that they steered away from changing that entrance because they would now have two. Mrs. Mann asked how many people had attended the last Finance Committee meeting to express support for the county property. There was much discussion and some confusion regarding attendance. Mr. Stewart said there is no requirement for two entrances to a subdivision and that there are several in the Town with only one entrance i.e. Rolling Ridge, Butternut Hill. Mr. Stewart showed Board letter from Mr. Trampage, owner of property to north, stating that his property is not for sale (3/5/85). Mr. Stewart suggested that the residents contact the Lake George School Board regarding school bus picking up children within the subdivision. ~ J-~5" Page Three August 20, 1985 '- Mr. Nelson Griggs developer of Courthouse Estates spoke about the need today for a second entrance, hopefully through the County property. Mr. Sorlin reminded the people that if the Board decided to grant conceptual approval, this is not an official püblic hearing, further approvals are necessary. They are faced with a man who owns a piece of property on a Town Doad, it would be difficult to tell him he may not use that property for the exact use it is currently zoned for. Mr. Macri offered a motion for conceptual approval for Section 3 of Courthouse Estates. Motion seconded by Mrs. Mann, carried unanimously. RESOLVED: The Planning Board granted Conceptual Approval òf Courthouse Estates, Section 3, Subdivision No. 7-84 with stipulation that improvements to entrance be made for safety reasons. SUBDIVISION No. 5-85 - Baybridge, Phase I - Townhouses Daniel Valente, Developer D. Valente, C. Scudder, D. Smith, B. Leaver, D. Phillips present. Mr. Scudder presented final plan for Phase I (bldgs. 1 & 2). For SPEDES permit Phase I will be 54 units. Bldgs. 1 & 2 can be handled by leaching bed #1. When they reach 54 units they will have developed the full capacity of this wastewater system. Mr. Richard Morse, engineer for Planning Board has gone over plans and is satisfied. Application rates are very conservative, they have discussed back-up power (there will be an external connection for a portable generator). Mr. Scudder explained service road and said you won't know it's a service road because it will be landscaped and seeded to grass like other lawn areas (there will be preparation to the sub-grade so it will support a vehicle). There will be 90' from the edge of the stream to the building and 50' from edge of stream to road. Walker Lane Mr. Leaver, landscape architect, discussed platttings. Mr. Dan Smith, Esq. discussed Homeowners Association by-làws. Units will be owned, association will maintain exterior. Applicant looking for final approval, however, written SPEDES permit or Letter of Intent, Health Dept. approval, written Highway approval not yet received. Also require map of Phase I for filing. Board reiterated that they are taking a strong stance with developers, all approvals must be in before granting final approval. Mrs. Mann offered motion to table, second by Mr. Noll. Motion carried unanimously. Tabled. Until final maps are provided covering the specific needs of Phase I consisting of Buildiñg 1 and 2 and associated septic system and land area, and an opinion letter from Town Engineer saying he sees no difficulty in obtaining a SPEDES permit based on information that has been presented to him. ',--", ' )q~ Page Four August 20, 1985 '- SUBDIVISION No. 2-85 - Kings Plantation - Phase I . Peggy Ann Road Dr. Steven Karp, Developer Gabe Armando present. Bob Leaver, landscape architect, submitted new map. Revised to two entrances instead of three. The circles have been removed. There are the same number (9g) of lots, however, Phase I consists of 33 lots. There will be a 24" culvert running easterly under Peggy Ann Road restoring natural drainage pattern. Supervisor Walter will notify city of intention. Mr. Roberts read letter from Supervisor Walter asking for more drainage information as it relates to spring melt. An updated letter was submitted to Board from Mr. Leaver (LA Partnership). Mr. Scudder said he thought this a good plan, the Highway Superintendent likes it. The grades are in compliance, commonly owned green areas have been eliminated. They are awaiting DOH approval. Correct map will have to be submitted. The Board members expressed their pleasure at the changes from the original submission. Mr. Noll offered motion for preliminary approval, seconded by Mr. Macri. Motion carried unanimously. RESOLVED: Preliminary Approval granted. Correct map of Phase I showing larger lots on east end of project instead of large green area and correct lot count must be submitted. INTERPRETATION - Farone Townhouse Subdivision, Dixon Road Leon Steves and Frank Walter, P.E. present. Presented proposal for 4-plexes in UR-I0 zone on 44 lots. This is in water district, roughly 34 acres in size. Discussion of whether Site Plan Review or Sub-division. They plan to sell each unit w~th a small piece of land. After unit is built they would survey lot and break it into four sections. There would be a central sewer system, commonly owned. Lengthy dis- cussion of subdividing lots and how to handle. This will be discussed further at a later meeting. ~o~t~n '---