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10-24-2017 Pucensary ury Hannk)c, Board 2d/2.0[7] QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING OCTOBER 24, 2017 INDEX Site Plan No. 65-2017 Mary Lou & Robert Dunton 1. Tax Map No. 239.16-1-25 Subdivision No. 7-2017 James Beaty 2. PRELIMINARY STAGE Tax Map No. 290.54-50 Subdivision No. 8-2017 FINAL STAGE Site Plan No. 55-2017 Katharine Seelye 9. Tax Map No. 239.15-1-10 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES [IF ANY] AND WILL STATE SUCH APPROVAL OF SAID MINUTES. Q Q ueena:ary ury Hannk)c, Board 2d/2.0[7] QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING OCTOBER 24, 2017 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, CHAIRMAN CHRIS HUNSINGER, VICE CHAIRMAN GEORGE FERONE, SECRETARY BRAD MAGOWAN JAMIE WHITE THOMAS FORD DAVID DEEB LAND USE PLANNER-LAURA MOORE TOWN COUNSEL-FITZGERALD, MORRIS, BAKER, FIRTH-MIKE CROWE MR. TRAVER-Good evening, Ladies and Gentlemen. We will call to order the meeting of the Town of Queensbury Planning Board for Tuesday, October 24t". This being the second meeting in the month of October and the 21" meeting for 2017. We have no administrative items on the agenda this evening although just of note to the audience, there are two items of interest. One is that the application Site Plan 60-2017 for the Wal-Mart Real Estate Business Trust under Tabled items was on the agenda this evening. That application has been withdrawn. The other application you should be aware of in case you are here this evening to hear it or participate is Marylou and Robert Dunton. Site Plan 65-2017 is going to be tabled following some subsequent action at the Zoning Board level. So if you're here for either of those applications, be aware that no formal action will be taken on them tonight other than one tabling. MR. FERONE-We do have a resolution for the Marylou and Robert Dunton. MR. TRAVER-For tabling? MR. FERONE-For tabling. MR. TRAVER-Yes, okay. Yes, I guess we can change the agenda and do that now. So why don't we do that. Laura, you don't mind if we rearrange the agenda to take care of that first? MRS. MOORE-No, that's fine. MR. TRAVER-So we will then review Marylou and Robert Dunton, Site Plan 65-2017. SITE PLAN 65-2017 SEQR TYPE: TYPE 11. MARY LOU & ROBERT DUNTON. AGENT(SJ: DENNIS MAC ELROY. OWNER(SJ: SAME AS APPLICANT ZONING: WR. LOCATION: 18 TALL TIMBER ROAD. APPLICANT PROPOSES A 2,255 SQ. FT. ADDITION TO AN EXISTING 786 SQ. FT. HOME, ORIGINAL FLOOR AREA 3,323 SQ. FT./PROPOSED 7,377 SQ. FT. PROJECT INCLUDES ADDITIONAL COVERED PORCH/DECK AREA AND NEW SECOND FLOOR PORCH TO AN EXISTING GARAGE. PURSUANT TO CHAPTER 179-4-010, 17943-010 & 179-5-020 OF THE ZONING ORDINANCE, EXPANSION OF A NON-CONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR EXPANSION OF A NON-CONFORMING STRUCTURE, SECOND GARAGE AND SHORELINE SETBACK. CROSS REFERENCE: 9/22/93 DEMO GARAGE/SHED, 8/16/95 TWO CAR GARAGE; 2004-907 SEPTIC ALT.; 2015-320 SEPTIC ALT., AV 69-2017. WARREN CO. REFERRAL: OCTOBER 2017 SITE INFORMATION: LAKE GEORGE, CEA. LOT SIZE: 1.29 ACRE. SECTION: 179-4-010, 17943-010, 179-5-020 MR. TRAVER-Laura? MRS. MOORE-So this application was for the construction of a 2,255 square foot addition to an existing 786 square foot home. This application was tabled due to the Zoning Board requesting additional information about re-design and location as well as having a second garage. So they were tabled. MR. FORD-Good. 2 Q ueena:ary ury Hannk)c, Board 2d/2.0[7] MR. TRAVER-And that was to be tabled to December 21ST, the second meeting in December. MRS. MOORE-Yes. MR. TRAVER-So that they could be heard at the December ZBA. Right? MRS. MOORE-Yes. RESOLUTION TABLING SP 65-2017 MARYLOU AND ROBERT DUNTON MOTION TO TABLE SITE PLAN 65-2017 MARY LOU & ROBERT DUNTON. Introduced by George Ferone who moved for its adoption, seconded by Thomas Ford: Tabled until the December 21, 2017 Planning Board meeting pending Zoning Board of Appeals meeting. Duly adopted this 24" day of October, 2017 by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Ford, Mr. Hunsinger, Mr. Magowan, Mr. Ferone, Mr. Traver NOES: NONE MRS. MOORE-Mr. Chairman, one note is they advertised the public hearing for that. So the public hearing should be left open, and to note there are comments, letters submitted for the public hearing that will be heard in December. MR. TRAVER-Okay, and those are for the original, those are comments based on the original application. MRS. MOORE-Correct. MR. TRAVER-Right, not any hypothetically amended one that would be heard in December. MRS. MOORE-Correct. MR. TRAVER-All right. So acknowledging that, we'll leave the public hearing for Site Plan 65-2017 open, acknowledging that we have received some written comment and that comment might perhaps be changing based on what happens with the ZBA. PUBLIC HEARING OPENED MR. TRAVER-Also as noted before, the second applicant we were to hear this evening, Wal-Mart Real Estate Business Trust, has been withdrawn. So that leads us to the first tabled item, James Beaty. Subdivision Preliminary Stage 7-2017 and Final Stage 8-2017. SUBDIVISION PRELIMINARY STAGE 7-2017 & SUBDIVISION FINAL STAGE 8-2017 SEQR TYPE UNLISTED JAMES BEATY OWNER(SJ HARS PARS INC. d/b/a SUNNYSIDE PAR 3 ZONING MDR LOCATION 168 SUNNYSIDE ROAD APPLICANT PROPOSES SUBDIVISION (REVISED) OF A 10.86 PARCEL INTO TWO LOTS — ONE 0.30 ACRE AND ONE 10.56 ACRES. WAIVER REQUESTED FROM SKETCH PLAN. THE APARTMENT BUILDING WILL BE ON THE 0.30 ACRE PARCEL AND THE GOLF COURSE AND ASSOCIATED BUILDINGS TO BE ON THE 10.56 ACRE PARCEL. PURSUANT TO CHAPTER 183 OF THE ZONING ORDINANCE, SUBDIVISION OF LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE 1991 3 CAR DETACHED GARAGE; 1995 ADDITION TO APT. BLDG.; 2004 SEPTIC ALT.; SP 42-93; SP 13-2005 ELEC. INSTALLATIONS FOR NIGHT USE; AV 35-2017 WARREN CO. REFERRAL N/A LOT SIZE 10.69 ACRES TAX MAP NO. 290.54-50 SECTION CHAPTER 183 JON LAPPER, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Good evening. MR. LAPPER-Good evening. For the record Jon Lapper with Greg Colburn, one of the owners of the property owner Hars Pars. We were at the Zoning Board last week to get area variances. You have a short agenda and I have a short story for you. So these guys have owned the golf course and the restaurant and the four unit apartment building in front for 13 years. They're getting older and they've been wanting to sell it for four years without a deal, and it dawned on them that the reason why we're here is that there may be a different market for someone that wants to own a four-plex and 3 QQueena:ary ury Hannk)c, Board 2d/2.0[7] someone who wants to own a par 3 golf course and a restaurant/bar. So that's the whole reason to split this up so that they could sell it separately. The issue with the Zoning Board was to make sure that they had shown replacement septic area and an easement to get to this septic and the replacement septic area. So we had to have that, the surveyor prepare all that, and when we went back with all that this was approved last week. So we're here for the subdivision before the Planning Board. MR. TRAVER-Okay. And I remember having some rather lengthy discussion on this project and the layout of the subdivision and so on. So questions comments by members of the Planning Board on this application? MR. FORD-It makes sense to me. MR. FERONE-And the project really hasn't changed outside of that issue with the small delineation. MR. LAPPER-There's no construction. Nothing is planned. It's just to really draw lines so it can be sold separately. Nothing's changed other than showing the septic area. MR. TRAVER-Okay. MR. MAGOWAN-You know what's going to happen. MR. LAPPER-What's going to happen? MR. MAGOWAN-Someone's going to come in and want them both. MR. TRAVER-And they'll come in and want to consolidate. We'll cross that bridge when we come to it. All right. So we have SEQR to do. We also have a public hearing this evening. Is there anyone in the audience that wanted to address the Planning Board on this application? Any of you ladies and gentlemen? No? Okay. Do we have any written comments, Laura? PUBLIC HEARING OPEN MRS. MOORE-1 have two. So public comment, this was received back in May. So meeting being held, I apologize, this has already been read into the record. This is an individual that you already, we discussed, was concerned about having a duplex be the norm on that street. That was the Billings, and then the same similar request and concern about that from the Rees neighbors, and that's been resolved. MR. TRAVER-Okay. All right. Thank you. So then we will close the public hearing and we will move on to the SEQR obligation for the Planning Board to do the SEQR review. PUBLIC HEARING CLOSED MR. TRAVER-And are there any concerns environmental impacts that would be reflected in any SEQR discussion? If not, we will entertain the SEQR resolution. RESOLUTION GRANTING A NEGATIVE DEC. SUB # 8-2017 JAMES BEATY A subdivision application has been made to the Queensbury Planning Board for the following: Applicant proposes subdivision (revised) of a 10.86 acre parcel into two lots — one 0.30 acre and one 10.56 acre. Waiver requested from sketch plan. The apartment building will be on the 0.30 acre parcel and the golf course and associated buildings to be on 10.56 acre parcel. Pursuant to Chapter 183 of the Zoning Ordinance, subdivision of land shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Long EAF has been completed by the applicant; d. QQueena:ary ury Hannk)c, Board 2d/2.0[7] Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO GRANT A NEGATIVE DECLARATION FOR SUBDIVISION 8-2017 JAMES BEATY, Introduced by George Ferone who moved for its adoption; As per the resolution prepared by staff. 1. Part II of the Long EAF has been reviewed and completed by the Planning Board. 2. Part III of the Long EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. Motion seconded by Brad Magowan. Duly adopted this 24" day of October, 2017 by the following vote: MRS. MOORE-So did you read the, you read the terminology Final Stage in there and that shouldn't really say. MR. HUNSINGER-It's in the draft SEQR resolution. MRS. MOORE-1 apologize. MR. FERONE-So we have SEQR and then we have? MRS. MOORE-Right. Okay. MR. FERONE-You want this done before that? MRS. MOORE-No, I want the SEQR done first, but the terminology, and I didn't catch it, it refers to the Final Stage. MR. TRAVER-Okay. MRS. MOORE-It should be Preliminary Stage. MR. LAPPER-We're expecting Final. MRS. MOORE-You are expecting Final. Okay. All right. MR. HUNSINGER-What we should do is strike the term Final Stage. MR. FERONE-Final. MRS. MOORE-Yes. MR. FERONE-Let me revise that. So a motion to grant a Negative Declaration for Subdivision 8-2017 for James Beaty. MRS. MOORE-Yes. AYES: Ms. White, Mr. Ford, Mr. Hunsinger, Mr. Magowan, Mr. Ferone, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-All right, and then we move on to the Subdivision resolution. RESOLUTION APPROVING PRELIMINARY STG. SUB # 7-2017 JAMES BEATY A subdivision application has been made to the Queensbury Planning Board for the following: Applicant proposes subdivision (revised) of a 10.86 acre parcel into two lots — one 0.30 acre and one 10.56 acre. Waiver requested from sketch plan. The apartment building will be on the 0.30 acre parcel and the golf course and associated buildings to be on 10.56 acre parcel. Pursuant to Chapter 183 of the Zoning Ordinance, subdivision of land shall be subject to Planning Board review and approval. QQueena:ary ury Hannk)c, Board 2d/2.0[7] Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-183, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration A public hearing was scheduled and held on 05/18/2017, 07/25/2017, 09/26/2017 & 10/24/2017; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SUBDIVISION PRELIMINARY STAGE 7-2017 JAMES BEATY, Introduced by George Ferone who moved its adoption. Motion seconded by Brad Magowan. Duly adopted this 24" day of October, 2017 by the following vote: AYES: Mr. Ford, Mr. Hunsinger, Mr. Magowan, Mr. Ferone, Mr. Deeb, Ms. White, Mr. Traver NOES: NONE MR. TRAVER-All right, and next Final Stage. MR. FERONE-1 have a question for Laura. On the notes, Laura, it says under Sketch Plan review applicant has requested a waiver for Sketch. Does that need to be read? MR. TRAVER-They submitted a Sketch. MRS. MOORE-So strike that. MR. FERONE-Okay. Ready? MR. TRAVER-We're ready. MR. FERONE-Motion to approve Subdivision Final Stage 8-2017 for James Beaty, Introduced by myself, as per the Planning Board which has adopted a Negative SEQR Declaration. Waivers are granted for stormwater management, grading, landscaping and lighting plan. MR. MAGOWAN-I'll second it. MRS. MOORE-Mr. Chairman? So in this application they've noted replacement septic areas. I don't know if there's any additional language that needs to be placed on the plat to identify that those septic systems are through easement. So that it's part of a condition. MR. LAPPER-And they will be on the plat. MRS. MOORE-They will be on the plat. MR. TRAVER-Okay. Applicant has acknowledged that changes to the septic will be acknowledged in the Final plan. MRS. MOORE-Okay. And then the second item is in reference to no further development on the golf course. The applicant identified that as part of their information of sharing that, getting the subdivision. MR. TRAVER-So we'll make that a condition of no further development. Thank you, Laura. MR. FERONE-1 heard you say no further development on the golf course, or on the property as a whole? MRS. MOORE-I'll see how that should be worded. So the applicant is giving up the development rights for the remaining acreage of the golf course. MR. TRAVER-One parcel might be a little bit too small. So we could probably just say no further development in the subdivision. There's not likely to be any further development in that time. Yes? Q ueensary ury Hannk)c, Board 2.d/2.0[7] MR. CROWE-That would be subject to a future challenge. You're taking away the future rights of a prospective property holder would be a challenging thing, even though they're willing to agree to it. It's a gray area that would be subject to a challenge. MR. TRAVER-Well, the subdivision transfers with the property, does it not, Laura? MRS. MOORE-Right. So if someone were to come back in the future they could still come back to you and ask. MR. TRAVER-They could always ask. Understood, and that has happened. MR. HUNSINGER-1 was going to say that's happened not too long ago. MR. TRAVER-Yes. MRS. MOORE-So you're suggesting they don't do it as a condition? MR. CROWE-1 guess I would be against it, but if that's, you know, the Board's discretion. MR. TRAVER-Yes, well, we acknowledge that that has happened. We'll leave that in as a condition. MR. DEEB-Jon, how's that going to affect the sale? You might have a developer come in? MR. LAPPER-What I would say is who knows in 10 years from now if some, you know, the area changes who knows, but we're trying to sell it. The highest and best use is what's there now. So it doesn't affect the applicant. MR. TRAVER-You'd have an uproar if it went away. It's a popular golf course. MR. LAPPER-Yes, it's been more valuable the way it is, but down the road if somebody wants to build houses they'll have to come back to the Town. MR. TRAVER-Yes, okay. All right. So we'll leave that in. MR. FERONE-So shall I read that over. MR. TRAVER-Maria, does he need to read that over again? MS. GAGLIARDI-Yes, that would be nice. MR. CROWE-1 would be against it but it's your decision, your discretion. It's not an enforceable condition. MR. TRAVER-Well, that's, I appreciate that's your opinion. We will see what happens if and when that is challenged. It has gone both ways. That has been successfully challenged and that no further subdivision has stood, and there also have been cases. I think that the question was and I know I'm digressing, but the question is not whether or not it can be subdivided but rather whether or not an applicant has the right to request it be subdivided, and certainly it has been determined that they can ask that it be subdivided,and in some cases when that's happened further subdivision has been approved and in other cases it has been denied. So that's my understanding of the position of the Town. MR. HUNSINGER-1 think what would be helpful, in light of those comments, is if a reason were to be given for that, because what's happened in the past is when we've reviewed applications years later the tendency has been, well, you know, a prior Board reviewed that, you know, we respect their opinion, but if there wasn't a clear record as to why, what the reasons were, then it became a subjective discussion. MR. TRAVER-Yes, and in this case it was a suggestion by the applicant. MR. HUNSINGER-Yes. MR. TRAVER-And that's part of it. MR. MAGOWAN-Well what I'm afraid of is like you said, if someone does try to say that and the Administrator right off the bat says that can't be done because it's down here as, we put down that it can't be done. '7 Q ueensary ury Nannk)c, Board 2.d/2.0[7] MR. TRAVER-Well, we're not putting down that it can't be requested because we don't have the power to do that. Okay. So if an applicant were to come in, if the land changed hands, and the applicant were to come in and the Town were to say, no, you can't ask to have that changed and subdivide the property, they would be able to successfully challenge that and they would find out that yes, in fact, they can. It doesn't mean that it can be subdivided but it means they can make an application and ask. MR. MAGOWAN-Right, I'm just trying to, because I understand where you're coming from here and like I said I don't want to close the door completely. MR. TRAVER-Well we can't. We can't close it completely. We are just saying that that application that is before us will have no further subdivision. MR. DEEB-I'm having trouble rationalizing the reason for putting that in. If we don't put it in, it doesn't make any difference. If somebody does want to subdivide it they have to come back to us anyway. MR. TRAVER-Right. MR. DEEB-So why are we putting it in? MR. TRAVER-Well, I think it's intended to communicate to any prospective buyer that that was the intent of the current owner and it was acknowledged by the Planning Board. So presumably at the very least they would have to come in to either us or some future Planning Board. MR. DEEB-Well they'd have to do that anyway. Is that your intent? MR. TRAVER-The context would be different. The context would be that it was not intended to be subdivided. So then they would have to come in and say, well I think we should change that. That's very different than a property where it could very easily be subdivided. MR. DEEB-I'm still having trouble rationalizing that. I really am. I just think, I don't know why we need it. Is that what the intent is? You don't want it subdivided later on? MR. LAPPER-It was really something that the Zoning Board wanted, so we said yes. MR. MAGOWAN-Well why didn't you say that? MR. DEEB-We'd have saved a lot of discussion here,Jon, if you would have said that. Well, I still don't think we need it, but that's, whatever comes up comes up. MR. TRAVER-Understood. All right. MR. MAGOWAN-Yes, as long as we're not shutting the door completely, you know, to any future. MR. TRAVER-Well, you know, we're not an adjudicative body. So we can't, you know, circumvent a legal challenge. MR. MAGOWAN-No, I understand that, but our attorney's here. MR. TRAVER-He's saying that it doesn't mean that it can never be subdivided. He's right. MR. MAGOWAN-Is this true? MR. CROWE-Yes, essentially. If you're attempting to change the zoning for that parcel, right, by saying that it can't be subdivide at any time in the future, that's going to be open to a challenge, and that would be my concern. MR. FORD-And it should be because that's not our jurisdiction. MR. CROWE-Exactly. MR. TRAVER-It's more of a use issue. It's a planning issue. It's a use issue, as far as our intent and vision for that particular parcel, but you're right, it certainly can be challenged and we discussed that. 8 QQueena:ary ury Hannk)c, Board 2d/2.0[7] MR. MAGOWAN-Like I said I just don't want to shut the door. MR. TRAVER-No, I think that can be considered the purview of planning is to see that parcel as not being further developed and subdivided, and the subdivision comes first. So I think that's the intent for allowing that to be a planning function, but it doesn't mean that somebody can't come in and ask anyway. I mean, they certainly can do that. MR. MAGOWAN-Right. I mean, I foresee it staying, you know, the golf course. MR. TRAVER-1 would hope so. MR. MAGOWAN-Because like they said it's very popular. MR. TRAVER-Yes. MR. MAGOWAN-It's been a good 13 year run. It's been there a while. MR. LAPPER-Sixty year run. MR. MAGOWAN-Sixty year run. MR. TRAVER-All right. Any other discussion on that point? If not, let's hear that motion again, this time with the conditions, and we'll move forward. RESOLUTION APPROVING FINAL STAGE SUB # 8-2017 JAMES BEATY A subdivision application has been made to the Queensbury Planning Board for the following: Applicant proposes subdivision [revised] of a 10.86 acre parcel into two lots — one 0.30 acre and one 10.56 acre. Waiver requested from sketch plan. The apartment building will be on the 0.30 acre parcel and the golf course and associated buildings to be on 10.56 acre parcel. Pursuant to Chapter 183 of the Zoning Ordinance, subdivision of land shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-183, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; A public hearing was scheduled and held on 05/18/2017, 07/25/2017, 09/26/2017 & 10/24/2017; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE / DISAPPROVE SUBDIVISION FINAL STAGE 8-2017 JAMES BEATY, Introduced by George Ferone who moved its adoption. 1. The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration; and if the application is a modification, the requirements of the State Environmental Quality Review Act have been considered, and the proposed modification[s] do not result in any new or significantly different environmental impacts, and, therefore, no further SEQRA review is necessary; 2. Waiver requests ranted: stormwater mgmt., grading, landscaping & lighting plans; 3. The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff 4. Engineering sign-off required prior to signature of Planning Board Chairman. 5. The applicant must submit a copy of the following to the Town: a] The project NOI [Notice of Intent] for coverage under the current NYSDEC SPDES General Permit or for coverage under an individual SPDES prior to the start of any site work. b] The project NOT [Notice of Termination] upon completion of the project; and 6. The applicant must maintain on their project site, for review by staff: a] The approved final that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP [Storm Water Pollution Prevention Plan] when such a plan was prepared and approved; and Q ueena:ary ury Hannk)c, Board 2d/2.0[7] b) The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project. 7. Final approved plans, in compliance with the Subdivision, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel. 8. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 9. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; 10. As-built plans to certify that the subdivision is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; IL The septic will be identified in the final plat. 12. No further development will be available in the subdivision. Duly adopted this 24" day of October, 2017 by the following vote: AYES: Mr. Hunsinger, Mr. Magowan, Mr. Ferone, Ms. White, Mr. Ford, Mr. Traver NOES: Mr. Deeb MR. TRAVER-All right. You're all set. MR. LAPPER-An early night for all of us for a change. MR. TRAVER-So far. MR. DEEB-Good luck. GREG COLBURN MR. COLBURN-Thanks very much. MR. TRAVER-You're welcome. MR. LAPPER-Thanks everybody. MR. TRAVER-Yes, you're welcome. All right, next we have, under Old Business, Katharine Seelye, Site Plan 55-2017. SITE PLAN NO. 55-2017 SEQR TYPE 11 KATHARINE SEELYE AGENT(SJ DENNIS MAC ELROY, PE OWNER(SJ SAME AS APPLICANT ZONING WR LOCATION 14 CROOKED TREE DRIVE APPLICANT HAS REVISED APPLICATION PROPOSING A 256 SQ. FT. ADDITION TO AN EXISTING 1,064 SQ. FT. HOME. FLOOR AREA EXISTING 2,533 SQ. FT. AND PROPOSED IS 2,788 SQ. FT. PROJECT INCLUDES MINOR INTERIOR ALTERATIONS. SITE WORK INCLUDES UPDATED SEPTIC. PROJECT IS AN EXPANSION OF A NONCONFORMING STRUCTURE. PURSUANT TO CHAPTER 179-3-040, 17943-010 OF THE ZONING ORDINANCE, EXPANSION TO NONCONFORMING STRUCTURES SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 29-2001 DECK & ADDITION; SP 22-2003 & AV 17- 2003160 SF ADDITION; SP 59-2007110 SF STONE TERRACE; AV 53-2017 AV 70-2017 WARREN CO. REFERRAL AUGUST 2017 SITE INFORMATION LAKE GEORGE CEA LOT SIZE .62 ACRES TAX MAP NO. 239.15440 SECTION 179-3-040, 17943-010 DENNIS MAC ELROY, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? Q�� QQueena:ary ury Hannk)c, Board 2d/2.0[7] MRS. MOORE-So this applicant received a variance to construct a 256 square foot addition to an existing 1,064 square foot home. This included a single story and then interior alterations to the house. It's only a little bit bigger. MR. TRAVER-Okay. Thank you. Hello again. MR. MAC ELROY-Good evening. For the record Dennis MacElroy with Environmental Design representing Katharine Seelye. This is a do over as the applicant decided that she needed another foot and a half from a previous application. So that's where we are. As Laura indicated, we've received the variance last week from the ZBA. So here we are at Site Plan. It's simply a 16 by 16 foot addition to an existing house. Existing wastewater system, existing water supply. While it doesn't trigger a requirement for stormwater management,we have provided that in the form of eaves trenches,a simply way of handling that. MS. WHITE-Is there an updated septic, is that not true? MR. MAC ELROY-No, it's existing. MS. WHITE-Okay. It says updated on the agenda. MR. TRAVER-Are there any changes to the plan after, or subsequent to the ZBA hearing or is this what we looked at prior to the ZBA? I mean, you brought the application back with the additional foot and a half and we looked at it. MR. MAC ELROY-Correct. MR. TRAVER-Then you went to the ZBA. In your discussion with the ZBA, did that result in any changes to what we had previously looked at? MR. MAC ELROY-That you previously looked at last Tuesday? MR. TRAVER-Correct. MR. MAC ELROY-There's been no further changes. Correct. MR. TRAVER-All right. Thank you. Questions comments from members of the Board? Any questions of the applicant, concerns? MR. FORD-No. MR. TRAVER-All right. Hearing none I guess we're ready for a motion. MRS. MOORE-Prior to your motion you need to open your public hearing. MR. TRAVER-So we do have a public hearing on this application. I don't see anyone in the audience. Do any of you ladies and gentlemen want to comment on this application before us tonight? Okay. Are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There's one written comment. This is "Dear Mr. Brown: We understand that Kit Seelye is seeking permission to extend her proposed bedroom at 14 Crooked Tree Lane by 18 inches. We live next door at 18 Crooked Tree and we remain in full support of her plans. Please see our earlier letter of support which is copied below", and this is from Michelle Kaplan and David Cohen. MR. TRAVER-Good. Thank you. All right. So with that we will close the hearing and then we will seek a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING SP 55-2017 KATHARINE SEELYE The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Applicant has revised application proposing a 256 sq. ft. addition to an existing 1,064 sq. ft. home. Floor area existing 2,533 sq. ft. and proposed is 2,788 sq. ft. Project includes minor interior alterations. Site work includes updated septic. Project is an expansion aQ QQueena:ary ury Hannk)c, Board 2d/2.0[7] of a nonconforming structure. Pursuant to Chapter 179-3-040, 179-13-010 of the Zoning Ordinance, expansion to nonconforming structures shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 09/26/2017 and continued the public hearing to 10/24/2017, when it was closed, The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 10/24/2017; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN 55-2017 KATHARINE SEELYE; Introduced by George Ferone who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: site lighting, signage, topography, landscaping, traffic, commercial alterations, construction details, soil logs and snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution. a) If application was referred to engineering,then engineering sign-off required prior to signature of Zoning Administrator of the approved plans; b) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements, c) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building Codes personnel; d) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; e) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; fJ As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; g) Resolution to be placed on final plans in its entirety and legible. Motion seconded by Brad Magowan. Duly adopted this 24" day of October, 2017 by the following vote: AYES: Mr. Magowan, Mr. Ferone, Mr. Deeb, Ms. White, Mr. Ford, Mr. Hunsinger, Mr. Traver NOES: NONE MR. TRAVER-All right. You're all set. MR. MAC ELROY-Thank you very much. MR. TRAVER-All right. That ends the agenda items for this evening. There are a couple of other items that I wanted to chat with the Board about this evening. One is that during the day today I had an opportunity to exchange more email with our secretary George than normally in a Planning Board year. It was a very exciting afternoon. Good news for the Town is that George is very shortly going to be moving into the council position for Ward Three. The bad news for us is that we are losing him from the Planning Board and obviously as secretary, and, George, I understand you wanted to talk about that a little. MR. FERONE-Yes. I think everybody knew where I was going with this. Weren't quite sure when that was going to happen, but with the notice by Councilman Irish to resign on Monday, that put a lot of things in motion. I was able to go to the Town today at a Town Board meeting and they Q2 Q ueena:ary ury Hannk)c, Board 2d/2.0[7] expressed that they would like to have me installed at the next regular Board meeting which is coming up on November the 6t". So this is great because I rolled off the Coalition board recently. I didn't have an opportunity to really tell those folks what I thought about them, all good things of course, but I just wanted to say that it's been an honor to serve on this Board. It's been over five years. I tell you you come into this and it's like, wow, you know, there's a lot to learn, but I tell you between the training that's provided and the support of the people who have tenure on this Board it helps you quite a lot get through this, and this is a very professional group. I've been honored to tell people I've been on this Board, and I think you guys do good work. One of the things I really appreciate is, and I had this conversation. I had an opportunity to meet with Tom and David today on the supervisor committee thing. You guys really put everyone at ease when they're there at that table. Whether that be an attorney or an engineer or sometimes it's just the applicant, the homeowner, you know, and they're very nervous, but you have a way of doing that, and I think that just shows the level of professionalism that exists in this group. So I wish you guys good luck and I'll pop in on you now and again. MR. TRAVER-Good. I wish you would. MR. DEEB-Thank you, George. MR. HUNSINGER-Thanks, George. MR. DEEB-Congratulations. MS. WHITE-Congratulations. We wish you luck as well. MR. TRAVER-That leads me to one other topic of discussion. I had, you might recall that not long ago I asked George to, because he has been secretary, we knew he was leaving, whether it was by election or by a resignation letter, so I had asked him to chair a search committee for a secretary as we talked about earlier this year when we revised our procedures. So obviously for the chairmanship of that committee probably is going to be difficult for you to do. We're hoping that maybe you'd participate in one more meeting, but in the interim I would ask Tom Ford, who's also leaving us but has participated in the first part of that committee meeting, you had one meeting today at 10:30. If you would act as chair from now on of that committee, along with David and any other members that you want to recruit. MR. FORD-1 will. MR. TRAVER-I'd appreciate that. Thank you. Then the last order of business, I think, is, I don't want to mention David's name, but I wondered if I would ask Mr. Deeb if he would consider acting as Planning Board secretary, taking George's place, until the election? MR. DEEB-I'd be honored. MR. TRAVER-All right. Thank you very much. So with that, then, Mr. Deeb will then be our acting secretary for the remainder of the 2017. We still have a report to hear from the nominating committee, now under Mr. Ford's leadership, which I expect will be shortly, and I guess that's all really that I have for this evening, and thank you very much, George. You talked about learning a lot. I can certainly speak for myself and I think other members of the Board that we have also learned by the benefit of having you as a member of this Board. MR. FORD-Absolutely. MR. TRAVER-And I certainly learned, it's been extremely helpful to me having you as the Board Secretary. MR. FORD-It'll be a tough act to follow. MR. TRAVER-Yes. Indeed it will. I'm afraid I'm going to forget more public hearings. MR. HUNSINGER-We'll remind you. MR. TRAVER-That's right. Thank you. And I can always get Laura to remind me, too. Is there any other business before the Board this evening or anything anyone else wanted to say to George or anyone? a3 Q ueena:ary ury Hannk)c, Board 2d/2.0[7] MR. FERONE-1 would like to say to our young visitors here that they're extremely lucky. Sometimes we don't leave here until like 11 or 11:30. MR. FORD-We're trying to spread it out for you. MR. DEEB-You picked a good night, young people. You picked a great night. MR. TRAVER-Did all of you get the documentation you needed to prove that you attended? Good. Do you have any, you know, just to try to extend this a little longer, do you have any questions for us? I'm not sure we've ever asked that before. MR. DEEB-No, we haven't. You're the first. MR. TRAVER-Not to put you on the spot or anything and it's not a requirement, but just curious since it is so early. All right. Well thank you very much for coming. Thank you for your interest. We will be meeting again next month hopefully. All right. Then with that I'll entertain a motion to adjourn. MR. HUNSINGER-So moved. MR. FORD-Second. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF OCTOBER 24, 2017, Introduced by Chris Hunsinger who moved for its adoption, seconded by Thomas Ford: Duly adopted this 24" day of October, 2017, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Magowan, Mr. Ferone, Mr. Hunsinger, Mr. Ford, Mr. Traver NOES: NONE MR. TRAVER-We stand adjourned. Thank you very much. RESPECTFULLY SUBMITTED, Stephen Traver p�.