Staff Notes for 12/13/2022
Town of Queensbury Planning Board
Community Development Department Staff Notes
December 13, 2022
Subdivision Final 18-2022 CERRONE LAND HOLDINGS
Upper Sherman Avenue / Moderate Density Residential / Ward 3
SEQR Type I
Material Review: application, subdivision plans, narrative, SWPPP DEC NHP letters, HOA draft
Parcel History: SUB (S) 7-2021, AV 5-2022, SUP (P) 2-2022
__________________________________________________________________________________________
Requested Action
Planning Board review and approval for a final stage subdivision of a 49.5 acre parcel containing 45 residential
lots and 3 HOA areas.
Resolutions
1. PB decision
Project Description
Applicant proposes a subdivision with 45 residential lots and 3 HOA areas on a 49.5 acre parcel for final stage.
The residential lots range in size from 0.47 acre to 1.57 acres. The project includes a homeowner’s association
property of 12.2 acres, 1.7 acres and 1.54 acres. There will be two access points to Sherman Avenue. The lots
would have onsite septic and be connected to municipal water supply. The project also includes a 20 ft no cut
buffer on the North Property line. The parcels will have a rear setback of 20 ft, side setbacks of 15 ft and front
setback of 30 ft. Variances have been granted for lot size and setbacks. The project site was once used as the
leaf dump area for the City of Glens Falls. Pursuant to Chapter 183, subdivision final stage shall be subject to
Planning Board review and approval.
Sketch Plan Stage
Applicant completed a sketch plan stage SUB 7-2021 7/20/2021. The project was proposed for 49 residential
lots.
Preliminary Stage
• Preliminary Plat - approved
o The overall plans shows the property to be subdivided with two access points to Sherman Avenue
• Layout plans –
o The plans indicated 45 residential lots ranging from 0.47 ac to 1.57 ac. The Homeowners
Association property appear to be three separate areas with a total of 15.44 ac.
• Construction details –
o The plans identify the septic system locations. The waterline is proposed from Upper Sherman
Avenue. Plans include cross section of the roadway.
• Landscape plans –
o The applicant has updated the plans to show landscaping along lots 23 to 25. Information is on
Sheet S-3 and for the individual lots on Sheet S-6.
• Clearing plan
o The plan shows the proposed clearing limits for the subdivision and lots.
o
- 2 -
• Grading and erosion plans –
o Grading Plans were included for the overall subdivision and per section of the subdivision. The
applicant has indicated that the project will disturb greater than 5 acres – NYSDEC will need to
acknowledge disturbance greater than 5 acres. There are three phases proposed where Phase 1 to be
8.4 ac, Phase 2 no more than 5 acres, and Phase 3 for the construction of the park area with
individual house lots.
• The Environmental report –
o A long EAF was provided. The Board completed SEQR review and issued a negative declration.
• Statement of Intent- A statement of intent shall be submitted by the applicant
o A deed was provided
• Stormwater management –
o A Stormwater Pollution Prevention Plan was provided to the Town Engineer for review and
comment.
• Fees –
o per application $50 for preliminary,
• Waivers –
o The applicant has not requested waivers at this time.
• Open Space –
o The project plans indicate there are multiple sections of Home Owner Association land. The HOA
Center area of the project site is proposed to have the amenities for the property owner’s use. The
area would have pickleball courts, a picnic pavilion, cluster mailbox and road side area and a
mulched walking path.
• Streets –The proposed roadway and construction details have been provided to the highway department for
review and comment.
•
Final Stage Review –
• Final Plat-subdivision for 45 lots for residents and 3 areas of Homeowners Association Property to be land
hooked as one lot.
• State/County agency –Planning and Zoning Board, NYSDEC/SPEDES, NYSDOH.
• Other plans reports
o Stormwater management –SWPPP – still in engineering review
o Homeowners Association-provides minimal information on the HOA recreational areas to be
implemented and maintained. Staff would encourage supporting documentation of the features to be
implemented pickle ball courts – at least 2, mailbox area –sufficient for access by appropriate
delivery vehicles, and trails at a minimum 3, maybe consider a bus shelter.
Additional suggestions for the HOA
(a) The homeowners' association must be established prior to the conveyance of any lot or
parcel within the proposed subdivision;
(b) Membership must be mandatory for each lot owner, and each lot owner must have an equal
voting right within the association;
(c) If required by applicable laws, rules or regulations HOA to be approved by others ie Office
of the Attorney General of New York State
(d) An estimate of the association's annual budget must take into account insurance, property
taxes, and maintenance of the open space areas as well as other shared common areas or
facilities such as access roads and recreational areas;
(e) The association must be able to adjust the homeowners' fees or assessments on an annual
basis and be able to collect and enforce the payment of annual fees or assessments;
(f) The association cannot be dissolved without a vote of the association membership and without
the conveyance of the open space and common facilities to an entity acceptable by the Town
Board; and
- 3 -
(g) The deed conveying title to each individual lot in the subdivision must include reference to
the fact that conveyance is subject to and includes membership in
a homeowners' association pursuant to deed covenants either set forth in each deed or recorded
against the entire subdivision. Both grantors and grantees should sign deeds of conveyance to
ensure purchasers or grantees are aware of the homeowners' association requirements,
obligations and fees, if any.
• Protected open space –none proposed.
• Fee - $100 and $50 per each lot
Nature of Variance
Granted 2/23/2022.The applicant proposes a 45 residential lots ranging in size from 0.47 ac to 1.57 ac where a
two acre lot minimum is required where lots do not have access to both sewer and water. The project has access
to municipal water but will have on-site septic systems. In addition, relief is requested for the setbacks for
Moderate Density Zone - Rear setback required is 30 ft proposed is 20 ft, Side setback required is 25 ft and 15 ft
is proposed, the front setback of 30 ft is not proposed to change
Summary
The applicant has completed the Final Stage application for subdivision of a 45 acre parcel with 45 residential
lots and 3 Homeowners Association areas. Staff would suggest discussion of the use of the property for the
Homeowners Association, confirm the HOA areas can be combined into one parcel.
Meeting History: 1st Meeting