Loading...
Res Setting PH & Public Hearing A� � Supervisor Walter- I think that the Town has got to take some responsibility for having Zed a person to believe that things were going aZZ right when in -act1nothing was being done at aZZ. This Board was never aware that these roads wer- up for acceptance or received anything from our former Highway Supt. This is an accepted Subdivision. . . Mr. Kelly-I know you are concerned about water, I am to, Paul ha basically described to you where we are routing the water-aZZ I can say to ou1to make you more comfortablefof aZZ the other hundreds of lots that we have in that areas I think as developers" I think we have tried to cooperate with the To . It is my feeling that I do not want to have lots that are unsaleable. . .noted that a problem comes up in the next few years it can be corrected at the time of th- acceptance of the roads extensions:. . There is land lower than anything tha we are talking about 25 to 30 ' lower. . . Councilman Olson- I would think pipe should be put in .w. . .If we accept a few thousand feetiis that going to set an example that someone wiZ come in a year or two from now and say they want it accepted under the old requirem- is?_ Mr. Joseph Brennan- I think this is a unique situa on. . . Councilman Olson- I just want the Board to reali - that I think you are going to find some more of these down the Zine, there is an o..inance that this Board adopted, as Zong as we are only taking part of it I wiZZ suppor. the resolution. . . Supervisor Walter- The other roads must be p. ed and I think that Mr. KeZZy understands. . . RESOLUTION TO ACCEPT DEED FOR TOWN HIGHWAY RESOLUTION NO. 347, Introduced by Mr. D., eZ Morrell who moved for its adoption, seconded by Mrs. Frances Walter: WHEREAS, the Executors of the Last WiZ and Testament of Mabel C. Ellsworth, have executed and offered a deed for two t'wn roadways, each of which is not less than 50 feet in width, which roadways are described in Schedule "A" attached hereto and made a part hereof, and WHEREAS, Paul H. Naylor, Superint- dent of Highways of the Town of Queensbury has advised that he recommends that t is Board accept these lands for highway purposes into the Town highway system, cm WHEREAS, Thomas K. Flaherty, W. er Superintendent of the Town of Queensbury, has approved the water line insta ations on said lands as having been made in accordance with the requireme is of the Town of Queensbury Water Department, said lands being included within the ge.graphical boundaries of the Queensbury Water District, and WHEREAS, the form of the djed has been approved by Joseph R. Brennan, Esquire, counsel to the Board, NOW, THEREFORE BE IT RESOLVED, tha: the afor-mentioned deed be and that the same is hereby accepted and approved and that the Town CZe k be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk 's Office after which said deed shall be properly filed and maintained in the 0 fice of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that these new roads be hereby added to the official inventory of Town Highways to be described herein, respectively, as follows: Road No. 387 Description : beginning at Sunset Drive northerly a distance of 525 feet Name: Fox Hollow Lane Road No. 388 Description: beginning at Fox HoZZow Lane n/w a distance of 358 and 25 hundredths of a mile ending at Fox Hollows lane Name: Dartmore Drive mileage: 358 and 25 hundredt s. Duly ado. ed by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Ab--nt: None Supervisor Walter- re: Top of the World Project. . .Planned Unit Development Project noted that the information such as survey maps, soil anaZyiis etc. have been submitted 234 IJD/� DLJ r I; , 161 69- Mr. Boyes and Mr. Harrison are present this evening. . .Supervisor Walter requested that the Town Board set the Ptblic Hearing tonight. . . this is a proposed planned unit development, in the present location of Top of the World it is a project that will consist of 250 units of time share condominiums, golf course, indoor and outdoor cou.rt%sports, :cwimming pools and restaurant, meeting areas, nature trails on about fourteen hundred acres. RESOLUTION TO SET PUBLIC HEARING ON PUD RESOLUTION NO 34S Introduced by Dr. Charles Eisenhart who moved f©t:its adoption, seconded by Mr;. Daniel Morrell: Resolution forth coming from Town Counsel to be found on page 9c2, . Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Supervisor Walter- requested a five minute recess. . . Recess over. . . Discussion held on Resolution No. 349 a resolution to set . public hearing on a proposed 'local Zaw regulating parking during the winter onths. . . Councilman Eisenhart- we have agreed to change the rest cted hours from 11 to 7 to 12 midnight to 6 a.m. Supervisor Walter- question sec on 6 of the proposed local law, asked if a Police Agency would have a better ch.' ce of ascertaining the owner of a vehicle. . .Town Counsel, yes but you cannot man..te a police agency to do such work. . . it was suggested that the Highway Supt. ascertain . e names of the owners of vehicles through the police agencies. . . RESOLUTION TO SET PUBLIC HEARING REGARDING LOC: LAW ON REGULATING PARKING DURING THE WINTER MONTHS RESQLHTTON NO. 349 Introduced by Dr. Dani: Olson who moved for its adoption, seconded by Dr. Charles Eisenhart: ` WHEBEAS; a significant problem has exi ' ed in the Town of Cueensbury for many years concerning the overnight parking of v- icZes on public highways within the Town of Queensbury :during the winter months, which parking interferes with the efficient and prompt removal of snow from so': public highways, and WHEREAS, the Superintendent of H ghways of the Town of Queensbury has recommended the adoption of a law to regulate prking on public highways in the Town of Queensbury during the winter months and A proposed Local Lana, a cop, of which is hereto annexed, has been prepared and presented for consideration by the T. n Board of the Town of Queensbury, which will regulate parking on public highways in th= Town of Queensbury for the period from November 15 through March 31 in each and eve y year hereafter, and WHEREAS, a public hea 'ng is mandated by Zaw prior to consideration of the proposed Local Law for adopti. by the Town Board of the Town of Queensbury, and WHEREAS, the propo -d Local Law is worthy of consideration for legislative action, NOW, THEREFORE, IT RESOLVED, that a public hearing be held concerning the proposed adoption of a Local Law regulati g overnight winter parking on public highways in the Town of Queensbury, in the form 0. vexed hereto, and that said public hearing be held at 7:30 p.m. in the Meet ng Room of the Town of Queensbury Office Building, Bay and Haviland Roads, in the Tow of Queensbury, Warren County, New York on October 26, 1982 at which aZZ persons i terested in the subject matter thereof will be heard, and be it further RESOLVED, that the Town Clerk be hereby directed and authoirzed to public and provide notice f said public hearing as may be required by Zaw. Duly opted by the following vote: Aye : Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan, Mrs. Walter On motion the meeting was adjourned. Respectfully submitted Donald A. Chase, Town Clerk RESOLUTION TO SCHEDULE PUBLIC HEARING RESOLUTION NOS 348, introduced by Mr. Eisenhart, who moved its adoption, seconded by Mr. MorreZZ. WHEREAS, Ralph Boice and TopO'The World, have submitted an application pursuant to Article 15 of the Queensbury Zoning Ordinance for Preliminary Planned Unit Development (PUD) Plat approval of a project to develop approximately 1300 acres of land situate in the Town of Queensbury located to the south and east of Route 9L west of Bay Road and in the immediate and general vicinity of Lockhart Road, and WHEREAS, the proposed project for which Preliminary .(PUD) Plat approval is sought consists of, among other things, the proposed development and const- ruction of 240 time-share condominium units with additional resort facilities including a golf course, riding stable, cross-country ski trails, swimming pools, a community center with restaurant facilities, tennis courts and other recreat- ional complex facilities, and WHEREAS, the Queensbury Zoning Ordinance mandates that a public hearing be held concerning the aforesaid application for approval, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held in the Meeting Room of the Queensbury Town Office Building, situate at Bay and Haviland Roads, in the Town of Queensbury, Warren County, New York, on the 26th day of October, 1982 at 7:30 P.M. to consider the application of Ralph Boice and Top O'The World for Preliminary Planned Unit Development Plat approval of the aforesaid project, at which public hearing aZZ persons in the subject matter thereof will be heard, and be it further RESOLVED, that the Town Clerk be directed to cause notice of said Public Hearing to be published in the Glens Falls Post Star, an official newspaper of the Town of Queensbury, at least five days prior to said public hearing and that the Town Clerk take any and aZZ other action relative to notice of said public hearing as may be required by law. Duty adopted by the following vote: Ayes: Mr. Olson, Mr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter. Noes: None. Absent: None. RESOLUT .4 TO SCHEDULE PUBLIC HEARING CONCERNING PROPOSED CHANGE IN ZONING RESOLUTION ND. introduced by Mr. Morrell, who moved its adoption, seconded by Mrs. Mo :•an. WHEREAS, under the existi : zoning in the Town of Queensbury, a certain area of the Town generally bounded • Fuller Road on the north, Luzerne Road on the south, the corporate boundary ine between the Town of Queensbury and the Town of Lake Luzerne on the west d on the east by a line running gener- ally north and south at a distance of a.- oximately 1,320 feet to the west of West mountain road and running parallel ereto, is presently zoned in a classification, in part of RR-5A and, in part, n a classification of LC-10A, and WHEREAS, an application has been received by the Town ;•ard requesting the rezoning of a certain portion of said premises to reduce . e area presently zoned as RR-5A and to change the zoning classification of a portion of said area to a new classification of LC-10A and to rezone a portio of said lands from an existing classification of LC-10A to a new classificatz. of RR-5A and Regular Meeting October 26, 1982 Members present: Frances Walter, Supervisor Daniel Olson, Councilman Charles Eisenhart, Councilman Daniel Morrell, Councilman Betty Monahan, Councilman Absent: Joseph Brennan, Town Counsel Several town officials, Highway department employees, press and LOWV were present Tne meeting was opened with the pledge of allegiance by Councilman Olson. First on the agenda is a scheduled public hearing relative to a Planned Unit Development at the Top 0' The World. Mrs. Walter asked for a brief presentation. After the presentation the public would be allowed to ask questions and make comments in which they feel is appropriate. Bryan Harrison - Introduced the gentlemen who would be describing the devel- opment of the Planned Unit Development. (Names could not be picked up on the tape.) This application is being done pursuant to the Town of Queensbury ordinances. The stage we are at tonight is Section Z5.043 of the Zoning ordinance. The town has to make a decision if a PUD can be placed at the Top 0' The World. Used maps and diagrams to show the people attending the hearing what was being contemplated. The area covers 1300 acres and we have made studies of soils etc. There will be 240 units of housing, 150 will be Time-Sharing units and the remainder will be home owner condominiums. The concept of Time-Sharing units was explained. The golf course will be rebuilt, there will be tennis courts, outdoor and indoor swimming pools, the biggest selling point wiZZ be the tremendous view of Lake George. There will be an access to Lake George. Full time residents would have to use the commercial facilities to dock their boats. Frank Desantis - Attorney for the project. Spoke on Time-Share units. . This system allows a person to purchase a deeded interest. for a week or more. Mr. Boice is associated with one of the two largest organizations known as Interval International. It is located in over 30 countries. The owners of these units would have use of aZZ the facilities at the resort. Mr. Boice must file with the New York State Attorney General due to the fact that he is offering cooperative interests in real estate. Bruce Heiser, Landscape architect in charge of site design - Used maps to show location of the project. Most of the Zand wiZZ not be touched. Mainly because it is hard to get to. It will be used for hiking, horse back riding, cross country skiing. Buildings wiZZ aZZ have a good view of the Zake and will not be in view of each other. The units will be at three or four different levels. The area will also be hidden so it can not be seen from the Zake. Dan- Spoke on access to the site from route 9 and Lockhart Mountain road. New roads will be placed around the area. Talked on soil conditions. Reports have been made and are being sent to the ENCON, the department of Health. The review process has begun at that ZeveZ. He indicated that they have between five and ten feet of very well drained soil, suitable for subsurface disposal systems. We propose to pipe the existing two wells together put a subsurface concrete storage reservoir on the side of the hill, use a gravity feed system of water supply entirely around the site which would provide a minimum of 20 PSI of pressure at the highest point of the development. Water systems would be built as the site grows. Drainage systems were discussed. We are also working with the Soil Conservation Service. We have been directed to do the workings which will be underground, right aZZ the way through. Mr. Harrison - Within the APA, the state environmental quality review act in this case does not apply. The reason is because this is called a Class A project. Mr. Boice - Spoke on coming to the area to Zive. Anything I do in the area wiZZ be First Class. This a culmination of two years of research on my part. I looked at other areas and how they did what I am trying to do. We have so much activity at this site so when people come here for their vacation, this is where they are going to stay. I am sure they wiZZ want to go down to the lake. We wiZZ have access to the Zake, a beach, rental boats etc. Spoke on views from the site to the lake and Zake to the site. Mrs. Monahan - Since this is one of the best views and one of the views we wanted to protect under the Master Plan and since you are going to close this off to the general public, do you contemplate giving a public easment so the view can still be enjoyed by local people? Mr. DeSantis - to be very candid, it had not been anticipated. It had not been planned. Mrs. Monahan - I mean only to one section, perhaps a scenic overlook which could be enjoyed by the general public. Not to get out and have a picnic. Mr. DeSantis - Is that planned? The answer is No. Mrs. Monahan - It isn 't something that you might consider doing? Mr. DeSantis - I don 't believe so. This is not a public park. It wiZZ be a private resort. Mrs. Monahan - It is something that I would like you to think about. It is true that it is a private road now. Mr. DeSantis - We had not considered it and we certainly wiZZ from this point forward. This is a private piece of property which is being purchased by a private individual to be utilized in accordance with the statutes that were brought to bear concerning the planning, the development and everything else. Mrs. Monahan - It was one of our thoughts under the Master Plan that this was a view that would be a scenic vista, a protected view. Mrs. Walter - This is a public hearing, if you have any comments you want to ask any of the gentlemen associated with the project, please give your name and address for the record. Pete Brown, Plum Point. What footage do you have on the lake? Mr. Boice- 330 ' Mr. BiZZ Bodenweiser- What will be the width of the road? Mr. Dan , we will meet the minimum standards of the APA guideline. . . 18'carrage way, 2' shoulders each side, access road larger. . . Mr. Bill Bodenweiser- where will the parking be? Mr. Dan , there will be off street parking. there wiZZ be full maintenance year around. Mr. Fisher-Chief, No. Qsby. Fire Co.-praised the company for their foresight in considering fire flow. . .what are the dimensions of the buildings? Mr. Heiser - You are talking about a height of about 26 feet. They wiZZ be wood finishes, asphalt shingles. Mr. Fischer- What is the distance between the buildings? Dan - About a 52 foot separation. Mr. Fischer - What about smoke and heat detectors? Dan - The latest thing available will be installed. They will be resort quality security and protective systems. Mr. Fischer - WiZZ they have a fire wall between them? Dan - Even if the code does not require it, we will fire wall each unit. Mr. Turnbull - Regarding the time sharing who has the liability in regard to tares? Mr. DeSantis-the trustee for the association will be the one the taxes wiZZ go to. Mr. Turnbull- is the sewage disposal individual or collective system? Dan - the system is a series of individual systems, there may be more than one unit on a system. . . the plans have been submitted to DEC, but have not heard back. . . Mr. Turnbull-what is the production of the wells? LLiO Dan - there are currently two weZZs, one produces 13. 75 gal. per minute the other one 27 gallons per minute-at full development we will need 90 gallons per minute, we will be proposing additional weZZs, we will be building a 90 thousand gaZZon storage area. . . Lewis Oliver, Attorney from Albany representing Betty Hedges-Has Mr. Boice taken title to the property? Mr. DeSantis-he has a contract on the property. Attorney Oliver- What tax exemptions does the project expect to request from the Town, County or School Digt. Mr. DeSantis- none Lewis Oliver- At what point in the Seqra procedure is the project? Mr. DeSantis- Seqra is not applicable to a Class A Regional Project, this project is Class A Attorney Oliver- Are you saying that Seqra is not applicable to an approval prior to the Town Board? Mr. Harrison- The Class A procedure supplants Seqra because it is more rigorous. . . we go along with what they teZZ us to do. . Attorney Oliver- What you are telling me is that you do not expect to comply with Seqra other than if the APA directs you to? Mr. Harrison- no,, there is a total compliance with Seqra as the result of doing a Class A Permit. Attorney Oliver- At this point in time you are asking the Town Board to give you its approval-what compliance with Seqra has been made? Mr. Harrison- we are not asking for an approval for the project, we are asking for what is titled conceptual approval which establishes a PUD on the site, the PUD in concept only. From this point forward the actual features maa'e prematurely given in terms of their detail-because of public interest the actual details have to be hammered out with the Town of Queensbury, the Adirondack Park Agency, the Department of Health, the Department of Environmental Conservation. . . Attorney Oliver- At what point is your seqra compZaance . . . you do not believe you have to comply with Seqra before the 7bwn Board acts tonight. Mr. Harrison- The Adirondack Park Agency in the process of approving the Town of Queensbury Ordinance went through Seqra Review including the review of the Pud ordinance so for the Town to establish a PUD they have to be in compliance with their own ordinance and that in effect has already gone through SEQRA Review through the Adirondack Park Agency. For us to get a permitjeither from the Agency or the Town of Queensburyjwe are going to have to do what in essence is Seqra a Class A Permit, the Class A Permit is in fact Seqra, it takes the place of Seqra. Attorney Oliver- But you do not have a seqra report at this time, you do not have an impact completed at this time . Mr. Harrison- No, it would not be possible., we do not have the final design or anything like that. Mrs. Turnbull-Sunnyside Rd. - I would Zike to know what these people are going to do with their rubbish? Dan -By private contractor from the site to a legally established landfill. we proposed no on site disposal. Mr. Blake-Plum Point-how many people do you anticipate as a average residence. . . Mr. Boice-1448 the maximum -average 720 Mr. Blake- my concern is the sewage disposal and water. . .what kind of test and how many and when were they done Dan - There are approximately forty five deep test pits currently, thirty of those were examined by APA-for every disposal system we will make an inspection with perculation tests and Jed test pits with the Department of Environmental Conservation. Mr. Blake- concerned over septic system, noted that he lives at bottom of mountain-- there are crevices-this may end up in Zake George. . .questioned the efficiency of the proposed systems, Dan - I believe that the possibility of pollution in a package system is greater than in individual systems. . . spoke about the soil conditions on the mountain. . . noted that for every individual system there will be an equal amount of area of available space for potential expansion or replacement of a failing system. Mr. Blake- we are concerned over the protection of the Lake. . .we are trying to get community septic system to control pollution everwhere. . . Mr. Morton-resident of Queensbury-Assembly Point-spoke about the building of houses on slopes noting".the situation at'Lake Tahoe with pollution, asked what the average grade of placement of the buildings. . . Bruce Heiser- we have tried to stay off the steep locations, but the grades vary. . . Mr. Dan - - grade 8 to 15 percent average. . . Unknown- questioned if there would be a motel Mr. Boice- there will be no motel. . . the existing houses wiZZ be taken down. Unknown- wiZZ the proposed restaurant be private? Mr. Boice- the plan is to have it private. . .noted it may be a good idea to consider opening it to the public. . . Unknown- How many acres wiZZ be developed? W. Harrison-including the golf course approximately 309 acres. . . Unknown- wiZZ the adjoining properties be fenced off? Mr. Boice- no fencing. . .except around maintenance building. . . Ms. Beebe-Are there any streams that go through the property? Vr. Harrison- show 2d the map of de$ignated streams. . . Mr. Frank Lockhart- described the streams that go through the property. . . noted that his sekgage system was costly. John Glass- Asked that the Town Board enforce the code as it exists. . . Supervisor Walter- we will. . . the purpose of this public hearing is to establish the area as a PUD. . . this is just the very beginning of the procedures they must follow. We are awaiting for the decidshona or5ete Warren County Planning Board and the Department of Environmental Conservaiionje 'ore SE make our decision. Councilman MorreZZ-Do you have an estimate of the number of jobs that will be created and the number of local jobs that will be created. Mr. Boice-Ninety two total employees when the project is completed, the majority locally hired. . . Jim Rodgers-Rolling Ridge-questioned if docks would be built or not? Mr. Boice- For. the time sivod people there will be a couple of docks at our site for the whole owner unitsnwZ have to seek other facilities they wiZZ foot be allowed to use those docks. ��,, Jim Rodgers- I hope that there wilZlieaccess at the Top of the World for public viewing. . . Mrs. Granter- If Mr. Boice deveZopes 6his1 will. this be the end or the beginning of more development? Mr. DeSantis-noted that the 240 units is the development, if at any time it was to be expanded then the developer would have to start again at the beginning and go through the hearings. There is no intent to do any more than what is being talked about tonight. . . Mr. Turnbull- Are you looking for IDA funding? Mr. DeSantis- no Attorney Oliver- How many seperate Aquifers have you found up to this point? can you name Attorney Oliver- What other developments on mountainside near lakes, Athat can not be seen from the lake? Dan - Re: Aquifers We know of two individual aquifers, on this type of site, there is a chance that there are many aquifers. . .we do not intend to do full hydrologic examination of the mountain. Mr. Harrison- spoke on the filter view concept. . .it is going to be easy to screen these units. . .I cannot give you a particular name of a development. . . Mr. Blake- Plum Point-noted that this is a residential' zone on the Zake, nothing can be expanded. . . Mr. Boice-we do not intend to do anything that is not within the ordinance. Mr. Blake- Top of the World does have a dock on the Zake-I would assume that Mr. Boice would use the dock as it is now and not expand it. Mr. Harrison- there wiZZ probably be additional docks Mr. Blake- That would be contrary to the present zoning Supervisor Walter-The existance of docks are allowed under the present zoning, we addressed the idea that you may not rent the docks. Mr. Harrison- this would be residential use{we would not be renting the docks. Mr. DeSantis- spoke on the dock ownership, the Association wiZZ own the Zake front including the docks. . . noted that boats will be made available for the use of those idho own time share units, they wiZZ be at the docks. . .with the three hundred feet frontage the Queensbury Ordinance will aZZow more than one dock. . . Councilman Olson-upon the completion of the project what is the estimate of the taxes that you wiZZ be paying. . . Mr. Harrison- including spinoff revenues approximately 73 million dollars. . . First Phase-Town and Fire 38,000 phase II 50,000 Phase 11152,480.00 Phase IV 54,900.00 Phase V 57,230.00 250,000 per year when project is completed. retail sales estimate 1 million one hundred and twenty thousand dollars per year. Unknown- If they are renting to people with chiZdrenjare they considering the handicap on the school ? Mr. DeSantis- we have considered it, noted that they do not expect to have any people with children enrolled in school, we believe the whole ownership houses will be for people who use it as a second home. . . Attorney Oliver- On behalf of Mr. Hedges my client, we feel that the developer has not provided sufficient information and hasrnot complied with the Seam requirements for the Board to be voting on this project at this time. Supervisor Walter- Asked for further comments none were heard, the hearing was closed. 9:49 P.M. The Town Board now convened as the Queensbury Board of Health Variance appZs 0 ion No. 2 1982 of Mr. Donald W. Miller of Jay Road for a Variance to : ticZe II Section 3.030D of the Sanitary Sewage Disposal Ordinance Mr. Stephen Lynn- presen.. /he Board with the information. . .it was noted that the proposed system as outline. • -emed to be the best solution to the septic system problem. . . Mr. Louis Chevrier-Glen Lake-neighb. - no objection to the project. . . Unknown (neighbor) no objection. . . to the .roposed change in the septic system. . . Supervisor Walter- asked for further comments. . . .earing none the hearing was closed. 10:03 (Town Board reconvenes) Local Law-Public Hearing on regulating overnight winter ..rking on public highways Notice Shown 10:03 P.M. Supervisor Walter- The Highway Supt. has indicated that parkin. on public highways in the winter interf''rr with plowing and he has requested that e Town Board pass a local lax, to prevent parking on the highways from November 15 through March of