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07-26-2022 (Queensbury Planning Board 07/26/2022) QUEENSBURYPLANNINGBOARD MEETING SECOND REGULAR MEETING JULY26Tr,2022 INDEX Site Plan No.16-2019 Alex&Michelle Wilcox 1. REQUEST 1 YR. EXTENSION Tax Map No.27S.20-1-3 Site Plan No.26-2022 Eric Carlson 2. Freshwater Wetlands 5-2022 Tax Map No.239.12-2-S4 Site Plan No.51-2021 Brett&Pamela West 3. Freshwater Wetlands 10-2022 Tax Map No.226.15-1-17 Site Plan No.29-2022 Reds LG,LLC 3. Tax Map No.239.17-1-15 Site Plan No.45-2022 Christopher Detmer 4. Freshwater Wetlands 9-2022 Tax Map No.296.11-1-9 Site Plan No.47-2022 Harley Griffiths 10. Tax Map No.226.12-1-S6 Subdivision No. 6-2022 Frank Parillo 12. PRELIMINARY STAGE Tax Map No. 309.13-2-2 Subdivision No.7-2022 FINAL STAGE Subdivision No. S-2022 Frank Parillo 15. PRELIMINARY STAGE Tax Map No.296.13-1-23 Subdivision No. 9-2022 FINAL STAGE Site Plan No.44-2022 543 Queensbury Ave,LLC 19. Tax Map No.297.E-1-26 Site Plan No.43-2022 Queensbury Taxicab&Limousine Services,LLC 22. Tax Map No. 303.20-1-5,303.20-1-4 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH'S MINUTES(IF ANY)AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury Planning Board 07/26/2022) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING JULY 26TK,2022 7.00 P.M. MEMBERS PRESENT STEPHEN TRAVER,CHAIRMAN DAVID DEEB,VICE CHAIRMAN MICHAEL DIXON,SECRETARY BRAD MAGOWAN WARREN LONGACKER BRADY STARK JACKSON LA SARSO LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. TRAVER-Good evening, ladies and gentlemen. Welcome to the Town of Queensbury Planning Board meeting for Tuesday,July 26`h. This is our second meeting for July and our 16`h meeting thus far for 2022. Please observe the illuminated exit signs. In the event that we have an emergency, those are the emergency exits. If you have a cell phone or other electronic device if you would either turn it off or turn the ringer off so as not to interrupt our proceedings, we'd appreciate that. If during the meeting, aside from public hearing,if you want to have a conversation amongst yourselves,we'd appreciate it if you would move to the outer room for that conversation so as not to, again,to interrupt our meetings, and with that we have a few administrative items and some tabling items that we will announce. The first is an administrative item for Site Plan 16-2019 for Alex and Michelle Wilcox. ADMINISTRATIVE ITEM: SITE PLAN 16-2019 ALEX&z MICHELLE VVILCOX REQUEST FOR A ONE YEAR EXTENSION MR. TRAVER-This is a request for a one year extension. Laura? MRS. MOORE-This is addressed to the Zoning Administrator. "We are reaching out to you in regards to seeking an extension for our approved area variance and site plan. We were planning on breaking ground on our project this summer of 2022. We have been working hard getting all of the subcontractors lined up to work on our project but have gotten the same answer from most of them. They are all booked for this year. Also we are still seeing large supply chain issues with getting building materials. We are looking to break ground in the spring/summer of 2023. Thank you,Alex Wilcox" MR. TRAVER-Okay. So they're asking for a one year extension. Any questions or comments on that? Any members have any issues with that request? MRS. MOORE-The applicant is in the audience if you do have additional questions. MR. TRAVER-Okay. I guess we have a draft resolution. RESOLUTION GRANTING A ONE YEAR EXTENSION SP#16-2019 ALEX&r MICHELLE WILCOX Project site plan 16-2019: Applicant proposed construction of a 2,616 sq. ft. single family home with associated site work. The house to be constructed is located within 50 ft.of 150/o slopes. The site includes grading,lot clearing for house,septic and well. The Planning Board approved site plan 16-2019 on August 20,2019. A one year extension was granted on July 21,2020. A one year extension was granted on August 17,2021. Applicant requests an additional one year extension to August 2023 due to supply chain issues and decreased contractor availability caused by COVID. MOTION TO APPROVE A ONE YEAR EXTENSION FOR SITE PLAN 16-2022 ALEX&z MICHELLE \"LCOX. Introduced by Michael Dixon who moved for its adoption,seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote: 2 (Queensbury Planning Board 07/26/2022) AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Magowan,Mr. LaSarso,Mr. Traver NOES: NONE ABSENT: Mr. Stark MR.TRAVER-Let's see. We have some tabled items,the first being Eric Carlson,this is Site Plan 26-2022 and Freshwater Wetlands 5-2022. TABLED ITEMS: SITE PLAN NO. 26-2022 FRESHWATER WETLANDS 5-2022 SEQR TYPE: TYPE II. ERIC CARLSON. AGENT(S): EDP (CHRIS KEIL). OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 67 BRAYTON LANE. APPLICANT PROPOSES TO DEMOLISH AN EXISTING HOME AND DETACHED GARAGE TO CONSTRUCT A NEW HOME WITH A FOOTPRINT OF 2,381 SQ. FT. WHICH INCLUDES PORCH/DECK AREAS AND LIVING SPACE OF DETACHED BUILDING. THE PROJECT INCLUDES 873 SQ. FT. FOOTPRINT AREA WITH DETACHED GARAGE. NEW FLOOR AREA TO BE 6.,194 SQ. FT. THE PROJECT INCLUDES STORMWATER MANAGEMENT, ALTERATION OF A SHARED DRIVEWAY AND PARKING ARRANGEMENT, AS WELL AS GRADING AND EROSION CONTROL. THE HOUSE IS TO HAVE 3 BEDROOMS. PURSUANT TO CHAPTER 179-3-040,179-6-065,147 CHAPTER 94,NEW FLOOR AREA IN A CEA, HARD SURFACING WITHIN 50 FT. OF THE SHORELINE, A NEW STRUCTURE WITHIN 50 FT.OF 15%SLOPES,WORK WITHIN 100 FEET OF WETLANDS,AND DRIVEWAY OF 10% SLOPE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SEP 241-2019,AV 20-2022. WARREN CO. REFERRAL: MAY 2022. SITE INFORMATION: APA,LGPC,CEA. LOT SIZE: 1.25 ACRES. TAX MAP NO. 239.12-2-84. SECTION: 179-3-040,179-6-065,147 CHAPTER 94. MR. TRAVER-I understand,Laura,this is to be tabled to the September 27 meeting? MRS. MOORE-It will be the second meeting in September, and I don't have that right in front of me,but it's most likely September 27`h MR. TRAVER-I'll see if I can confirm that. Yes. It's September 27`h MRS.MOORE-Yes. The Zoning Board had asked for additional information about the house location and such. So the applicant is going back and doing some amendments and they will submit that information by August 15`h for a September meeting. MR. TRAVER-Okay. We do have a public hearing on this application as well and we won't be doing a Site Plan review on it this evening, but we will open the public hearing and keep it open so when they return in September that will be available for the public hearing portion. PUBLIC HEARING OPENED MR. TRAVER-Any questions,comments on this tabling? I think we have a draft resolution. RESOLUTION TABLING SP#26-2022 FRESHWATER WETLANDS 5-2022 ERIC CARLSON (Revised)Applicant proposes to demolish an existing home and detached garage to construct a new home with a footprint of 3,3S1 sq. ft. with an attached garage. New floor area to be 6,033 sq. ft. The project includes stormwater management, alteration of a shared driveway and parking arrangement, as well as grading and erosion control. The house is to have 3 bedrooms. Pursuant to chapter 179-3-040,179-6-065, 147 chapter 94,new floor area in a CEA,hard surfacing within 50 ft.of the shoreline,a new structure within 50 ft. of 150/o slopes, work within 100 feet of wetlands, and driveway of 100/o slope shall be subject to Planning Board review and approval. MOTION TO TABLE SITE PLAN 26-2022 &z FRESHWATER WETLANDS 5-2022 ERIC CARLSON. Introduced by Michael Dixon who moved for its adoption,seconded by Brad Magowan. Tabled until the September 27,2022 Planning Board meeting with information due by August 15,2022. Duly adopted this 26`h day of July 2022 by the following vote: AYES: Mr. Dixon, Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Traver NOES: NONE 3 (Queensbury Planning Board 07/26/2022) MR. TRAVER-The next item on our agenda is Brett&r Pamela West for the Main House. SITE PLAN NO. 51-2021 SEQR TYPE: TYPE II. BRETT &z PAMELA WEST (MAIN HOUSE). AGENT(S): EDP. OWNER(S): SAME AS APPLICANTS. ZONING: WR. LOCATION: 106 BAY PARKWAY. (REVISED 611 512 0 2 2)APPLICANT PROPOSES TO DEMO EXISTING HOME AND SHED TO CONSTRUCT A NEW 2 STORY HOME WITH A 5,436 SQ. FT. FOOTPRINT WITH A GARAGE. ALSO, INCLUDED IS INSTALLATION OF PERMEABLE PAVERS FOR PATIO AND DRIVEWAY AREAS, AND A COVERED WALKWAY BETWEEN THE TWO PROPERTIES. THE NEW FLOOR AREA WILL BE 8,670 SQ. FT. WHERE THE MAXIMUM ALLOWED IS 8,687 SQ.FT. THE PROJECT INCLUDES SITE WORK FOR NEW LANDSCAPING SHORELINE AND RESIDENTIAL HOUSE, SEPTIC AND STORMWATER MANAGEMENT. ADDITIONALLY WORK TO BE DONE IS WITHIN 100 FEET OF A DESIGNATED WETLAND. PURSUANT TO CHAPTER 179-3-040,179-6-065,CHAPTER 147,SITE PLAN FOR NEW FLOOR AREA IN A CEA,WORK ADJACENT TO WETLAND,AND HARD SURFACING WITHIN 50 FT. OF THE SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR SETBACKS TO WETLANDS. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: 53-2017 SEPTIC VAR.;AV 47-2007&z SP 39-2007-BOATHOUSE;SP PZ 89-2016&z SP PZ 210-2016 &z AV 95-2016 - ADDITION; SP 37-2009; AV 57-2021; SP 52-2021, AV 30-2022. WARREN CO.REFERRAL: AUGUST 2021,FEBRUARY 2022 (STORMWATER DEVICE);JULY 2022(FWW). SITE INFORMATION: APA,CEA,LGPC. LOT SIZE: 091 ACRE. TAX MAP NO. 226.15-1-17. SECTION: 179-3-040;179-6-065,147. MR. TRAVER-Folks should be aware that this application was before us last week for a Zoning Board recommendation and they actually requested to be tabled until August and they have been tabled until August. So normally this would have comeback to us after review by the ZBA this evening,but they have yet to go to the ZBA. So we will be tabling this,I'm sorry we won't be tabling this. It's already been tabled until the August 25`h,2022 meeting and we will hold the public hearing in abeyance until they come back from the ZBA. So we don't need a motion on that. It's already done. Any questions from members of the Board on that? Okay. MRS. MOORE-Do you want to mention the public hearing? MR. TRAVER-I did,that we would hold it in abeyance until it comes back from the ZBA. MRS. MOORE-You did? I didn't catch it. So just to clarify, the West application will be tabled to the first meeting in August which would be the 16`h? MR. MAGOWAN-The 16`h. That's what I wrote. MRS. MOORE-Thank you. Because it actually has to go through the Planning Board recommendation, but it hasn't done that officially yet. That's part of it. MR. TRAVER-Which may be next month. We'll see. Next we have an Unapproved Development item which was also tabled. This is Reds LG,LLC. SITE PLAN NO. 29-2022 SEQR TYPE: TYPE II. REDS LG LLC. AGENT(S): EDP (NICK ZEGLEN). OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 7, 9 &z 13 NUTLEY LANE. (REVISED) THE APPLICANT PROPOSES TO COMPLETE ALTERATIONS TO TWO EXISTING DWELLING UNITS ON THE SITE AND COMPLETE CONSTRUCTION OF THIRD DWELLING UNIT ON THE SITE. SITE WORK HAD STARTED ON ALL THREE BUILDINGS PRIOR TO REVIEW. ALTERATIONS INCLUDE 7 NUTLEY LANE NEW BUILDING OF 540 SQ. FT. OF ONE BEDROOM AND 184 sq. ft. open porch, 24 sq. ft. covered entry Area; ALTERATIONS TO 9 NUTLEY LANE 704 SQ. FT. FOOTPRINT WITH TWO BEDROOMS AND KITCHEN (FLOOR AREA OF 1,408 SQ. FT., NEW OPEN DECK OF 440 SQ. FT. - WALKOUT AREA BELOW ; INTERIOR ALTERATIONS FOR 13 NUTLEY LANE EXISTING FLOOR AREA 2,134 WITH FOUR BEDROOMS. PROJECT INCLUDES GRASS DEPRESSION AREAS, SHORELINE PLANTINGS, CONSTRUCTION OF A RETAINING WALL OF 72 FT. IN LENGTH AT 1.8 FT. IN HEIGHT. PROJECT SUBJECT TO SITE PLAN FOR NEW FLOOR AREA FOR 7 NUTLEY LANE, EXPANSION OF NON-CONFORMING STRUCTURE FOR 9 NUTLEY LANE, HARD SURFACING WITHIN 50 FT. OF THE SHORELINE; PROJECT SUBJECT TO AREA VARIANCE FOR SETBACKS FOR 7 AND 9 NUTLEY LANE, EXPANSION OF NON- CONFORMING , STORMWATER DEVICES LESS THAN 100 FT. FROM THE SHORELINE, ADDING A THIRD DWELLING UNIT - KITCHEN, AND PERMEABILITY. PURSUANT TO CHAPTER 179-3-040,179-6-065,147,SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SEP 37-2021,AV 21-2022. WARREN CO.REFERRAL: MAY 2022. SITE INFORMATION: APA,LGPC,CEA. LOT SIZE: 0.53 ACRES. TAX MAP NO.239.17- 1-15. SECTION: 179-3-040,179-6-065,179-6-050,179-6-050,179-13-010,147. 4 (Queensbury Planning Board 07/26/2022) MR. TRAVER-Laura? MRS. MOORE-In regards to the Reds application, the applicant is going back and doing some amendments to this project and coming back before the Zoning Board. So it would be tabled to the second meeting in September for the Planning Board. MR. TRAVER-Which will be the 27`h. Okay. So again the Reds LG, LLC application will not be heard tonight, but we will open the public hearing and we'll keep it open for when they return on September 27`h. Any questions,comments on that? Okay. We have a draft resolution. RESOLUTION TABLING SP#26-2022 REDS LG,LLC (Revised) The applicant proposes to complete alterations to two existing dwelling units on the site and complete construction of third dwelling unit on the site. Site work had started on all three buildings prior to review.Alterations include 7 Nutley Lane new building of 540 sq.ft.of one bedroom and 1S4 sq.ft.open porch,24 sq. ft. covered entry area;Alterations to 9 Nutley Lane 704 sq. ft. footprint with two bedrooms and kitchen(floor area of 1,40E sq.ft.,new open deck of 440 sq.ft.-walkout area below,interior alterations for 13 Nutley Lane existing floor area 2,134 with four bedrooms. Project includes grass depression areas, shoreline plantings,construction of a retaining wall of 72 ft.in length at I.S ft.in height. Project subject to site plan for new floor area for 7 Nutley Lane, expansion of non-conforming structure for 9 Nutley Lane, hard surfacing within 50 ft.of the shoreline;Project subject to area variance for setbacks for 7 and 9 Nutley Lane,expansion of non-conforming,stormwater devices less than 100 ft.from the shoreline,adding a third dwelling unit-kitchen, and permeability. Pursuant to Chapter 179-3-040,179-6-065,147, shall be subject to Planning Board review and approval. MOTION TO TABLE SITE PLAN 29-2022 REDS LG,LLC. Introduced by Michael Dixon who moved for its adoption,seconded by Brad Magowan. Tabled until the September 27,2022 Planning Board meeting with information due by August 15,2022. Duly adopted this 26`h day of July 2022 by the following vote: AYES: Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon,Mr. Traver NOES: NONE MR. TRAVER-The next section of our agenda is Old Business, and the first item is Christopher Detmer, Site Plan 25-2022 and Freshwater Wetlands 9-2022. SITE PLAN NO. 45-2022 FRESHWATER WETLANDS 9-2022 SEQR TYPE: TYPE 11. CHRISTOPHER DETMER. AGENT(S): DAVID BOGARDUS. OWNER(S): SAME AS APPLICANT. ZONING: MDR. LOCATION: 70 BROWN'S PATH. THE APPLICANT PROPOSES TO CONSTRUCT A NEW SINGLE FAMILY DWELLING WITH AN ATTACHED GARAGE. THE HOME IS 2,200 SQ. FT. THE PROJECT SITE CONTAINS WETLANDS. THE PROJECT ALSO INCLUDES SITE WORK FOR RETAINING WALL, SEPTIC,AND DRIVEWAY AREA. PURSUANT TO CHAPTER 179-3-040,179-6-050,CHAPTER 94,A SITE PLAN FOR HARD SURFACE WITHIN 50 FT. OF THE SHORELINE AND FRESHWATER WETLANDS WORK WITHIN 100 FEET OF A WETLAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SUB 3-1998,AV 32-2022. WARREN CO.REFERRAL: N/A. SITE INFORMATION: FRESHWATER WETLANDS. LOT SIZE: 1.47 ACRES. TAX MAP NO. 296.11-1-9, SECTION: 179-3-040,179-6-050,CHAPTER 94. DAVID BOGARDUS,REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-So this applicant proposes to construct a new single family dwelling with an attached garage. The home is 2,200 square feet. The project site contains wetlands. The project work also includes retaining walls, new septic area and a driveway area and in regards to the variance, they received their variance for setback relief at last week's Zoning Board meeting and are back before the Board for Site Plan and Freshwater Wetlands. MR. TRAVER-Okay. Thank you. Welcome back. MR. BOGARDUS-Good evening and thank you for moving the agenda for me. I appreciate that very much. 5 (Queensbury Planning Board 07/26/2022) MR. TRAVER-All right. So, we looked at this last week and you went to the ZBA following our recommendation and your variances were approved. Were there any changes to your project as a result of the discussion with the ZBA? MR. BOGARDUS-Not with the ZBA, but you had discussed adding lighting, and we did that, there's a lighting note on the map. MR. TRAVER-Good. Thank you. All right. Anything else? MR. BOGARDUS-As a result, I got a letter a couple of days ago from the Town Designated Engineer regarding stormwater management. I had made some changes to this plan. I've added an infiltration trench. I've added gutter drains to drain the water off the roof into the infiltration ditch. We've added porous pavement on the driveway. So we're down to 2,000 square feet on the surface, and your engineer has asked for a full stormwater report. I don't believe that's necessary. I'd like to ask for a waiver for that. MR. TRAVER-Well,the way this works is you need to get a signoff basically from the Town Designated Engineer. So in your discussion with him,if you can get an agreement to that,that's fine. You don't need to get that from us. That would be from the engineer. MR.BOGARDUS-The reason I say that is it's such a small lot. If I do anything with this infiltration trench I'm just putting stormwater in. MR. TRAVER-Well, what you've described in your updated plans are all improvements to stormwater. So I would think they'd be well received by the engineer,but only the engineer can actually give you the engineering signoff. That does not come from us. MR.BOGARDUS-How do I do that? MRS. MOORE-So, yes, I'll just jump in here. The requirement to address the engineering response is providing this updated plan, two hard copies. You would have gotten information about this,two hard copies and any narrative you wish to explain to give back to the engineer. They take a look at that, and then they provide some comments back,but I think that you and I can discuss this a little bit further, so that we know that we're on the same page,when you provide information to the Town Engineer. MR.BOGARDUS-I only got this letter a couple of days ago. MRS. MOORE-And that's,there's a reason for that. We don't expect you to turn around and complete all this information quickly and get a signoff. We expect you to take your time and design this, and I agree, this project is not a very complex project. So in turn this information that you have already plus a narrative is probably what you'll end up submitting to the Town itself and then we turn around and provide a copy to the engineer. So you and I can discuss this further. MR.BOGARDUS-Can I get my Site Plan approval tonight contingent upon? MR. TRAVER-Well we're going to be discussing that as a Board shortly. I would say,my own feeling is, since you've made, the changes that you've made in the plan are all improvements to what we've already reviewed. So I would think that would be looked upon favorably. As to whether there's a formal Site Plan approval, that's up to a vote of the Board. I'll open it up now for questions, comments from members of the Board. Anyone have any concerns with,we did review this last week and that was prior to his making improvements to the stormwater management. MR. DIXON-I did not find anything. MR. TRAVER-Everybody comfortable moving forward,then? Okay. So normally as part of the approval process one of the conditions of the approval is a sign off by the Town Engineer and that you're going to be doing in any case. So it sounds as though there's support for a conditional approval of your plan,provided that you do get that signoff from the Town Designated Engineer. You would not have to come back to us. You can work with Laura and her staff to get the details to that. All right. Any questions,comments from members of the Board? There is a public hearing on this application. Is there anyone in the audience who wanted to address the Planning Board on this? Yes,sir. PUBLIC HEARING OPENED CHUCK BARTON MR.BARTON-Good evening. My name is Chuck Barton. I live next door at 66 Browns Path. That house in the picture there with the corner concrete closest to the proposed house is my house. My wife and I have lived there since 2005. I did send a letter to the Board yesterday. I don't know if you received it. It has some photos in it. 6 (Queensbury Planning Board 07/26/2022) MRS. MOORE-So it's been received. What I'll do is I'll pass this letter down. So are you going to read your letter into the record? MR.BARTON-I'll talk about the subjects of the letter and,yes,maybe it would be good for them. Is that in color by any chance? MRS. MOORE-That is in color. MR.BARTON-Thank you. MR. TRAVER-And that will be added to the record. MR. BARTON-Thank you. A couple of points. First let's start from stormwater. The stormwater, I do believe the Town Engineer should pass judgment on the situation. This is a small to irregular lot that receives all of the water down Browns Path from Country Club Road, and so it is subject to flooding. So I think we need the experts to pass judgment on it,what was recommended in the Staff Notes and I would concur with that. MR. TRAVER-And that is part of the requirement. MR.BARTON-So my next topic is,mind if I come up here? MR. TRAVER-Please do. Take the microphone with you to make sure we get you on the record. Okay. So if I could, in the diagram here it shows a wooded area. There is a lot of mature shrubbery in there including trees that are up to 15 inches in diameter and the diagram,the letter that's being passed around, on Page Two or Three,I'm sorry,will actually show pictures of mature vegetation. My concern is we know during construction with heavy equipment that with the vegetation which is right on the boundary line, the roots will be damaged if they're not protected. So I'm asking in the letter that there be enough protection for the drip zone around the trees so the trees aren't damaged. I'm also asking that if the trees are damaged and after two years if they die that they be replaced at the expense of the owner for the species and the size of the vegetation. MR. TRAVER-Excuse me one second. Are those trees on your property? MR.BARTON-They are. So the pictures that you'll see, as a matter of fact I have an extra if you'd like it. MR. TRAVER-Well they're being passed around. MR.BARTON-Okay. So I can wing it. I'll throw another copy out. MR. TRAVER-Okay. MR. BARTON-So the pictures you'll see on there are where I took the pictures of the trees and actually circled the trunks,all those trunks are on my property,and we can see where I put a red or orange dotted line showing the boundary. You can see how close the vegetation is to the boundary. So my concern is that those trees don't die. I also am asking that for this location here I'd like the developer to plant some shrubbery on the side. Right here is the master bedroom. This is the driveway. A car will be coming in, turning around,flashing lights right into our master bedroom. So we don't think it's unusual to ask that not only do we protect the existing trees that are here,but that the shrubbery be added on their property line. MR. TRAVER-Okay. Anything else? MR.BARTON-Yes, and I can't remember it. MR. TRAVER-Well the letter is coming around. MR.BARTON-Can I borrow that letter back? MR. TRAVER-Certainly. MR.BARTON-Thank you. This is a suggestion by an engineer friend of mine. This driveway is very close to the boundary. Probably this distance right here is 21 feet. So you take half of that it's about 10 feet to the boundary, and there are all these trees along here. We don't know if it's possible for the driveway to be pushed back away from the boundary a little further. If it is,that will further protect the current mature trees. So that's a consideration for the Board. Also we noticed in the Staff Notes that there was a phrase that the plans do not indicate exterior lighting to the home. The applicant is to be reminded lighting fixtures to be downcast. We'd obviously appreciate that since our master bedroom is going to be very 7 (Queensbury Planning Board 07/26/2022) close to this house, and by the way this house distance which will be about 6S feet 5 inches is the closest house to any other house on our entire street. So it's sort of an awkward lot and unfortunately we're going to have this house closer than any other neighbor has to deal with. So we do ask that for the lighting,not only that it be downcast,but that it be shielded and ask for that to be specifically written into the plans. Finally our last point in the letter is that unfortunately our Town is dealing with some difficulties with short term rentals. So if it's possible to forbid this house from becoming a short term rental we would appreciate that. So in summary the main issue really is the privacy and just making sure that the existing mature trees are protected. Any questions? MR. TRAVER-No. Thank you. MR.BARTON-Okay. Thank you. MR. TRAVER-Is there anyone else that wanted to address the Planning Board on this application? Are there any written comments,Laura? MRS. MOORE-There are no additional written comments. MR. TRAVER-Okay. Then we'll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-And ask the applicant to return. MR. BOGARDUS-Regarding the lighting,number five, all yard lights to be lit, LED,100 watt equivalent, downcast, shielded. In regards to the driveway, the driveway is positioned so it does not interfere with the hard surface setback to the wetlands. MR. TRAVER-I think the concern is just to avoid damage to the trees. That's a matter of working with the contractor. They must have some experience with that. MR.BOGARDUS-And we can put up an orange construction fence two or three feet off the property line to protect. MR. TRAVER-To protect the trees. Okay. MR.BOGARDUS-And I'll make a note on the plans if you want. MR. TRAVER-And there was the question about the possibility of adding some shrubbery along that one line where the applicant's bedroom,this would I guess be in addition to the existing vegetation. MR.BOGARDUS-I'll speak to my client,but that's their front yard and we've only got a 21 foot front yard. So I don't want to close it in too much. So I would say we wouldn't want to do that. MR. TRAVER-Okay. MR. BOGARDUS-I would say we would strive to maintain what is there now on the adjoining property owner's land,but I'm not going to say we're going to plant more. MR. TRAVER-Okay. I think those were the main points of the public comment. Questions, comments from members of the Planning Board of the applicant? MR. BOGARDUS-One thing. I do see Mr. Barton's point about the driveway, and we could screen that one side. I don't mind doing that,where you back out of the garage and come forward. We could screen that with shrubbery. MR. TRAVER-Okay. MR. DEEB-Would you be willing to talk to Mr. Detmer and talk about the privacy issue at all, maybe a couple of trees? TOM KUBRICKY MR.KUBRICKY-He's going to put little cedars in there anyway. MR. TRAVER-Okay. Let's see,probably as far as the additional vegetation we want to be specific for our motion. How many,you said cedars or arborvitaes. MR.KUBRICKY-Either or. S (Queensbury Planning Board 07/26/2022) MR. TRAVER-How many would you be proposing to add? MR.KUBRICKY-Probably put like ten in there. MR. TRAVER-Could I ask you to come up to the table and get your name on the record,please. We want to make sure we have this for the minutes. MR.KUBRICKY-Tom Kubricky. We could put about 10 in there. MR. TRAVER-Ten? Okay. MR.KUBRICKY-Yes,to block it off. It's going to be blocked off. You won't even see this house from the house that's being built. It's going to be shrubbery around the whole length of the property line. And the trees that are there,that are on his property would be fine,but we're going to run a rack all the way down through there. You won't even be able to see our house from his house. MR. DEEB-I think that was the goal. MR. TRAVER-Yes,that's the concern. MR.KUBRICKY-And it's going to be real private. MR. DIXON-So it's on the south side of the driveway. MR.KUBRICKY-Right.Yes. MR. TRAVER-And you're going to put, well construction fencing is a normal part of the procedure anyway. MR. DIXON-So we don't have to worry about the construction fencing. We don't need to denote it. MR. TRAVER-Yes. MR.KUBRICKY-We'll make sure that everything's protected up through there. MR. TRAVER-And you understand the comment about not just the trunk of the tree but the roots themselves that provide the nutrients and the water and so on. MR.KUBRICKY-I think we're going to be roughly probably 20 feet from anything he's got growing. MR.TRAVER-Okay. Well different size trees obviously have a different size root than what,if during the construction they make note of that. MR.KUBRICKY-They will. MR.BARTON-If I could,I left that letter there for you. Those are the trees. Those trees are within a foot of the property line. MRS. MOORE-So if you want to talk outside of this meeting and handle that,you're more than welcome to, but in reference to the Planning Board, they cannot authorize protection of someone else's trees on someone else's property. If the two of you wish to work that deal out,that's up to you,between the two of you. MR. TRAVER-Yes,that's an agreement between you and Mr.Barton. MR.KUBRICKY-I'll talk to him after. MR. TRAVER-Okay. Good. We would ask that you do that. MRS. MOORE-You just want to make sure that the trees,or the Board,right now it sounds like opposite the turnaround there's going to be additional plantings of at least 10 trees. Is that pretty accurate? MR. TRAVER-Yes. MRS. MOORE-Okay. MR.TRAVER-All right. How does the Board feel? Are we ready to move forward on this? All set? Okay. Are you ready with your draft? 9 (Queensbury Planning Board 07/26/2022) MR. DIXON-I think so. We're only mentioning the arborvitaes? We're not mentioning the trees at this point? MR. TRAVER-Yes,we don't have to be specific. MRS. MOORE-You could either do arborvitae or cedar or vegetation of similar type. MR. TRAVER-There we go, and ten I think was the number that was mentioned. RESOLUTION APPROVING SP#65-2022 FWW 9-2022 CHRISTOPHER DETMER The applicant has submitted an application the Planning Board:The applicant proposes to construct a new single family dwelling with an attached garage.The home is 2,200 sq.ft.The project site contains wetlands. The project also includes site work for retaining wall, septic, and driveway area. Pursuant to chapter 179- 3-040, 179-6-050, chapter 94, a site plan for hard surface within 50 ft. of the shoreline and freshwater wetlands work within 100 feet of a wetland shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; The Planning Board made a recommendation to the Zoning Board of Appeals on 7/19/2022-1 the ZBA approved the variance on 7/20/2022-1 The Planning Board opened a public hearing on the Site plan application on 7/26/2022 and continued the public hearing to 7/26/2022,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 7/26/2022; 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 45-2022 &z FRESHWATER WETLANDS 9-2022 CHRISTOPHER DETMER;Introduced by Michael Dixon who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted: h. signage, 1. landscaping, n traffic, o. commercial alterations/ construction details,q. soil logs,r. construction/demolition disposal s. snow removal; 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1)year time frame has expired. 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) 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, b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval,permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; e) 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;- f) If required,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 from Construction Activity"prior to the start of any site work. b. The project NOT(Notice of Termination)upon completion of the project; c. The applicant must maintain on their project site,for review by staff: i. The approved final plans 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; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit,or an individual SPDES permit issued for the project if required. g) 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 and Codes personnel; 10 (Queensbury Planning Board 07/26/2022) h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) 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. k) This resolution is to be placed in its entirety on the final plans. 1) Project requires Town Engineer signoff prior to any site work. m) Exterior lighting to be Code compliant,downcast and shielded. n) Ten Arborvitaes or vegetation of similar type to be placed on the southern aspect of the driveway opposite of the turnaround adjacent to the neighbor. Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote: AYES: Mr. Stark,Mr. Magowan,Mr. LaSarso, Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Traver NOES: NONE MR. TRAVER-You're all set. MR.BOGARDUS-Thank you very much. MR.TRAVER-The next item on the agenda,also under Old Business,is Harley Griffiths,Site Plan 47-2022. SITE PLAN NO. 47-2022 SEQR TYPE: TYPE II. HARLEY GRIFFITHS. AGENT(S): ERIK SANDBLOM. OWNER(S): TIA&z HARLEY GRIFFITHS. ZONING: WR. LOCATION: 298 CLEVERDALE ROAD. APPLICANT PROPOSES A 200 SQ. FT. DECK ADDITION TO AN EXISTING BUNKHOUSE OF 740 SQ. FT. NO CHANGES ARE PROPOSED TO THE EXISTING HOME'S 1,300 SQ. FT. FOOTPRINT AND 1,300 SQ. FT. FOOTPRINT DECK/PORCH AREA. PURSUANT TO CHAPTER 179-3-040, 179-4-080, SITE PLAN FOR EXPANSION OF A NON- CONFORMING STRUCTURE IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 34-2022. WARREN CO.REFERRAL: JULY 2022. SITE INFORMATION: CEA,APA, LGPC. LOT SIZE: .24 ACRES. TAX MAP NO. 226.12-1-86. SECTION: 179-3-040,179-4-080. ERIK SANDBLOM, REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-This application is for a 200 square foot deck addition to the existing bunkhouse which is 740 square feet. The existing main house of 1300 square feet is to remain the same. The applicant did receive the setback variance from the Zoning Board of Appeals last week. MR. TRAVER-Okay. Thank you. Welcome back. MR. SANDBLOM-Thank you. Erik Sandblom from SRA Engineers. MR.TRAVER-Okay,and I see by our Staff Notes that you did receive your variance from the Zoning Board of Appeals. MR. SANDBLOM-Correct. MR. TRAVER-Were there any changes to your proposal as a result of that meeting? MR. SANDBLOM-No changes as a result of that meeting, but we did receive comments from the Town Engineer requesting some additional erosion and sediment control measures, which I sent Laura the revised plan showing,basically complying with their request. MR. TRAVER-Okay. Well a signoff from the Town Designated Engineer is part of our approval process in any event. So as long as you're able to work things out with him then you address the engineering concerns as far as we're concerned. I'll open it up to questions, comments from members of the Board. This was for the deck addition to the garage that turned into a bunkhouse. No questions? All right. I guess we're ready to move forward. MRS. MOORE-Did you do the public hearing? MR. TRAVER-I did not. Thank you. There is a public hearing on this application. Is there anyone in the audience that wanted to address the Planning Board on this application? I'm not seeing any takers in the audience. How about written comments? 11 (Queensbury Planning Board 07/26/2022) PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. Thank you. Then we will go ahead and close the public hearing as well. PUBLIC HEARING CLOSED RESOLUTION APPROVING SP#47-2022 HARLEY GRIFFITHS The applicant has submitted an application the Planning Board: Applicant proposes a 200 sq. ft. deck addition to an existing bunkhouse of 740 sq. ft. No changes are proposed to the existing home's 1,300 sq. ft.footprint and 1,300 sq.ft.footprint deck/porch area.Pursuant to chapter 179-3-040,179-4-OSO,site plan for expansion of a non-conforming structure in a CEA shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, 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 made a recommendation to the Zoning Board of Appeals on 7/19/2022-1 the ZBA approved the variance on 7/20/2022-1 The Planning Board opened a public hearing on the Site plan application on 7/26/2022 and continued the public hearing to 7/26/2022,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 7/26/2022; 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 47-2022 HARLEY GRIFFITHS; Introduced by Michael Dixon who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted; 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1)year time frame has expired. 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) 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, b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval,permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; e) 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;- f) If required,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 from Construction Activity"prior to the start of any site work. b. The project NOT(Notice of Termination)upon completion of the project; c. The applicant must maintain on their project site,for review by staff: i. The approved final plans 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; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit,or an individual SPDES permit issued for the project if required. g) 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 and Codes personnel; 12 (Queensbury Planning Board 07/26/2022) h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) 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. k) This resolution is to be placed in its entirety on the final plans. Motion seconded by Warren Longacker. Duly adopted this 26`h day of July 2022by the following vote: AYES: Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Traver NOES: NONE MR. TRAVER-You're all set. MR. SANDBLOM-Thank you very much. MR. TRAVER-The next item on our agenda, also under Old Business, is Frank Parillo. This is a Subdivision Preliminary Stage 6-2022 and Final Stage 7-2022. SUBDIVISION PRELIMINARY STAGE 6-2022 SUBDIVISION FINAL STAGE 7-2022 SEQR TYPE: UNLISTED. FRANK PARILLO. AGENT(S): VAN DUSEN&z STEVES. OWNER(S): SAME AS APPLICANT. ZONING: CI-18. LOCATION: 199 CORINTH ROAD. APPLICANT PROPOSES A 2 LOT SUBDIVISION OF A 4.39 ACRE PARCEL. THE NEW PARCELS WILL BE 1.29 ACRES WITH THE EXISTING TACO BELL AND A 3.1 ACRE CORNER LOT THAT WILL BE VACANT. THE 1.29 ACRE PARCEL IS DEVELOPED FOR TACO BELL WITH ONE EXIT POINT TO CORINTH ROAD. WAIVERS ARE REQUESTED FOR LANDSCAPING, CLEARING, GRADING,AND EROSION CONTROL AND STORMWATER SINCE NO NEW DEVELOPMENT IS PROPOSED AT THIS TIME. THE TACO BELL BUILDING OF 2,863 SQ.FT.AND SITE REMAIN AS IS. PURSUANT TO CHAPTER 183, PROJECTS SUBJECT TO SUBDIVISION FOR 2 LOTS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR SITE ACCESS. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: SV 53-2011, SP 54-2011, SP 31- 2012, SP 2-2013,AV 74-2016, SP 54-2016,AV 33-2022. WARREN CO. REFERRAL: N/A. LOT SIZE: 4.38 ACRES. TAX MAP NO. 309.13-2-2. SECTION: 183. JON ZAPPER&r MATT STEVES,REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-This application is for a two lot commercial subdivision of a 4.39 acre parcel. The new parcels include 1.29 acres with the existing Taco Bell and the remaining 3.1 acre parcel will be a corner lot that is to remain vacant at this point. The applicant did receive the variance the other evening for actual access. The applicant will have a shared access through easement. The only item that I identified is that the applicant has requested waivers in the sense of stormwater and clearing limits and so on and so forth which typically comes about if they had a project on that site. MR. TRAVER-Right. MRS. MOORE-At this point they don't. So the only suggestion I have at this point is to condition it that they'll need site plan review no matter what is to happen to that site. MR. TRAVER-Okay. Good. Thank you for that. Welcome back. MR. ZAPPER-For the record Jon Lapper and Matt Steves. So we got to the Zoning Board. We said the Planning Board told us they thought it was good planning to have a shared driveway and the Zoning Board agreed. So that took five minutes and here we are. MR. STEVES-Obviously we have no issue with site plan on Lot Two. It's in the commercial district and we're going to require it anyway. MR. TRAVER-Yes. Okay. Well,we will clarify that in any motion we make just to make sure that's on the record,but,yes,we understand that. I think we did actually speak briefly about that last week. Are there any follow up questions,comments from members of the Board? MR. DEEB-So nothing in the wind,or are you just keeping it from us? MR. ZAPPER-No. It's for sale. So if you know anybody that wants it. 13 (Queensbury Planning Board 07/26/2022) MR. DEEB-It's a great spot. MR.TRAVER-There is a public hearing on this application and we'll be doing review under SEQR as well. So I'll ask is there anyone in the audience that wanted to address the Planning Board on this subdivision? I'm not seeing any. Are there any written comments,Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-I'll close the public hearing. PUBLIC HEARING CLOSED MR.TRAVER-And this is an Unlisted Action. So we need to look at SEQR. After reviewing the materials, does anyone have any environmental impact concerns regarding this? MR. DIXON-Not on this one. MR. TRAVER-Okay. All right. Well in that case then we can entertain that SEQR motion. RESOLUTION GRANTING A NEGATIVE SEQR DEC. SUB#6-2022 FRANK PARILLO The applicant proposes a 2 lot commercial subdivision of a 4.39 acre parcel. The new parcels will be 1.29 acres with the existing Taco Bell and a 3.1 acre corner lot that will be vacant. The 1.29 acre parcel is developed for Taco Bell with one exit point to Corinth Road. Waivers are requested for landscaping, clearing,grading, and erosion control and stormwater since no new development is proposed at this time. The Taco Bell building of 2,563 sq. ft. and site remain as is. Pursuant to chapter IS3, projects subject to subdivision for 2 lots 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; Part 2 of the Long EAF has been reviewed by the Planning Board; 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 PRELIMINARY 6-2022 FRANK PARILLO, Introduced by Michael Dixon who moved for its adoption, seconded by Warren Longacker; 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. Duly adopted this 26`h day of July 2022 by the following vote: AYES: Mr. LaSarso, Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Traver NOES: NONE MR. TRAVER-So next we consider the Preliminary Stage Subdivision motion for 6-2022. RESOLUTION APPROVING SUB#6-2022 PRELIMINARY STAGE FRANK PARILLO 14 (Queensbury Planning Board 07/26/2022) A subdivision application has been made to the Queensbury Planning Board for the following:Applicant proposes a 2 lot commercial subdivision of a 4.39 acre parcel. The new parcels will be 1.29 acres with the existing Taco Bell and a 3.1 acre corner lot that will be vacant. The 1.29 acre parcel is developed for Taco Bell with one exit point to Corinth Road. Waivers are requested for landscaping, clearing, grading, and erosion control and stormwater since no new development is proposed at this time.The Taco Bell building of 2,563 sq.ft. and site remain as is.Pursuant to chapter IS3,projects subject to subdivision for 2 lots shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-IS3,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/Positive Declaration This application is supported with all documentation,public comment,and application material in the file of record; MOTION TO APPROVE SUBDIVISION PRELIMINARY STAGE 6-2022 FRANK PARILLO, Introduced by Michael Dixon who moved for its adoption. Motion seconded by Brady Stark. Duly adopted this 26`h day of July 2022 by the following vote: AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Traver NOES: NONE MR.TRAVER-And lastly Subdivision Final Stage 7-2022,and here's where we would put that requirement for Site Plan Review on the site. MRS. MOORE-And you're also going to include the waiver requests. MR. TRAVER-Right. Yes,we want to acknowledge the waivers that were requested for stormwater. MRS. MOORE-You can just indicate waivers were granted. RESOLUTION APPROVING SUB#7-2022 FINAL STAGE FRANK PARILLO A subdivision application has been made to the Queensbury Planning Board for the following:Applicant proposes a 2 lot commercial subdivision of a 4.39 acre parcel. The new parcels will be 1.29 acres with the existing Taco Bell and a 3.1 acre corner lot that will be vacant. The 1.29 acre parcel is developed for Taco Bell with one exit point to Corinth Road. Waivers are requested for landscaping, clearing, grading, and erosion control and stormwater since no new development is proposed at this time.The Taco Bell building of 2,563 sq.ft. and site remain as is.Pursuant to chapter IS3,projects subject to subdivision for 2 lots shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-IS3,the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; This application is supported with all documentation,public comment,and application material in the file of record; MOTION TO APPROVE SUBDIVISION FINAL STAGE 7-2022 FRANK PARILLO. Introduced by Michael Dixon who moved for 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 granted: Topography plan, Landscape plan, Clearing plan, grading erosion control and stormwater plans; 3. The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1)year time frame has expired if you have not yet applied for a building permit or commenced significant site work. 4. 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 15 (Queensbury Planning Board 07/26/2022) 5. Engineering sign-off required prior to signature of Planning Board Chairman. 6. 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 aU site work. b) The project NOT(Notice of Termination)upon completion of the project; and 7. 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 b) The project NOI and proof of coverage under the current NYSDEC SPDES General Permit,or an individual SPDES permit issued for the project. S. 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. 9. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 10. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; It. 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; 12. Resolutions must be included on Final Subdivision mylar; 13. Site Plan review must take place upon development of the site. Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote: AYES: Mr. Dixon, Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Traver NOES: NONE MR. TRAVER-You're all set. MR. ZAPPER-Thank you. Mr. Chairman, the next application is being represented by architect Ethan Hall and he also has the last one. So he's graciously offered to let Matt and I go next because we have another one. If that's okay. MR. TRAVER-Which is your application? MR. ZAPPER-The second to last Frank Parillo on Route 9. MR. TRAVER-So he was gracious enough to let you do that. So I guess if I don't'hear any objections we will allow you to do that as well. So this is the other Parillo subdivision application. NEW BUSINESS: SUBDIVISION PRELIMINARY STAGE 8-2022 SUBDIVISION FINAL STAGE 9-2022 SEQR TYPE: UNLISTED. FRANK PARILLO. AGENT(S): VAN DUSEN &z STEVES. OWNER(S): SAME AS APPLICANT. ZONING: Cl. LOCATION: 1011 STATE ROUTE 9. APPLICANT PROPOSES A 3 LOT SUBDIVISION. LOT 1 WILL BE A 6.33 ACRE VACANT PARCEL,LOT 2 TO BE 3.15 ACRES WITH NO CHANGES TO THE 2 EXISTING BUILDINGS,AND LOT 3 TO BE 494 ACRES WITH NO CHANGES TO THE CURRENT EXISTING BUILDING. THE SITE HAS BEEN USED IN THE PAST FOR AUTO SALES AND SERVICE,BOAT STORAGE AND MOST RECENTLY FOR AUTO CARTS. THERE ARE NO PLANS AT THIS TIME FOR THE VACANT LOT. THE APPLICANT REQUEST WAIVERS FOR CONSTRUCTION PLAN,LANDSCAPING,CLEARING, GRADING, EROSION CONTROL AND STORMWATER. ADDITIONALLY, A WAIVER IS REQUESTED FOR DRIVEWAY SEPARATION LESS THAN 100 FT. PER ACCESS MANAGEMENT. PURSUANT TO CHAPTER 183, SUBDIVISION FOR THE CREATION OF THREE LOTS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS 16 (Queensbury Planning Board 07/26/2022) REFERENCE: SP 74-90; SUP 43=2009. WARREN CO. REFERRAL: N/A. LOT SIZE: 14.42 ACRES. TAX MAP NO.296.13-1-23. SECTION: 183. JON ZAPPER&MATT STEVES REPRESENTING APPLICANT,PRESENT MRS. MOORE-So this is an application for Subdivision Preliminary Stage 5-2022 and Subdivision Final Stage 9-2022. The applicant proposes a three lot subdivision. Lot One will be 6.33 acres to be vacant. Lot Two to be 3.15 acres with no changes to the two existing buildings. Lot Three to be 4.94 acres with no changes to the current existing buildings. The site has been used in the past for auto sales and service, boat and storage, and most recently for auto parts. There are no plans at this time for the vacant lot. The applicant requests waivers for construction plans, landscaping, clearing, grading, erosion control and stormwater. Additionally the Board would be looking at the waiver requested for driveway separation less than 100 feet per access management code,and then in regards to the final stage,again I would suggest that site plan review be required for any development on these lots. MR. TRAVER-Okay. Thank you. MR. ZAPPER-Good evening. Again for the record,Jon Lapper and Matt Steves. So this of course was the old Jeckel and Sons Honda, Sportline Power Products and Frank has owned this for probably 20 years as an investment. They knew that something would happen at some point so he leased the property out over the years and Smith Boys Boats was in therefor awhile. He now has a contract to sell the dealership. So we're here to subdivide it into three conforming parcels so that he can sell them separately. That's because they would be separate uses. The one that Laura's talking about is the one on the north which has the big piece in the back. The kind of use that would fit there, someone talked about indoor storage which isn't permitted now in that zone,but we talked with the Supervisor about it,not specifically about this piece, but in general because rather than those ugly single story with the garage doors like you drive down the Northway and you see really nicer three story. That's the kind of thing we're thinking on that north lot t that may or may not be, but if someone's interested in that. There wouldn't be visibility because it's a destination use for that kind of thing,but the purpose of us being here is that middle lot for a car dealership. So it's nothing proposed in terms of site changes. Anyone who purchases it would have to come in for site plan,but Frank's trying to sell that and that's really the whole story. MR. TRAVER-Okay. All right. Questions,comments from members of the Board? MR. MAG OWAN-The only thing I would like to see,I think you owe an apology to Mr. Chrys because he has storage right over there,ugly garage door things. That's all I wanted to say. I'm happy to hear this. It's been a long time. I remember Jeckel& Son Honda way back in the day. It is a large parcel, and I'm still amazed with all the Five Star golf carts. It just amazes me how many come in, and they seem to go, but I overall feel dividing this up is a good move and if we have something to bring that building back. I'm happy to see that. MR. DEEB-And you hit home with me,Jon,on the storage units. MR. TRAVER-There is a public hearing on this application as well. Is there anyone in the audience that wanted to address the Planning Board on this application? This is for the Parillo subdivision. Are there any written comments,Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments,but can I just point out that any activity on any of these lots is going to trigger site plan review. So even if that middle lot, whatever use that's proposed there is going to trigger site plan review because it hasn't had site plan review in seven years. MR. TRAVER-Right. MRS.MOO RE-We've already discussed this activity,but just so the Board is aware. If there's a future use in there,you're going to see it again. MR. TRAVER-Okay. Thank you for that clarification. We also have, this is an Unlisted Action under SEQR. So we have a SEQR review as well. Does anyone have any environmental concerns on this request for subdivision? If not,and you've looked at the submitted information,we can go ahead and do the SEQR resolution. RESOLUTION GRANTING A NEGATIVE SEQR DEC. SUB#5-2022 FRANK PARILLO The applicant proposes a 3 lot subdivision.Lot 1 will be a 6.33 acre vacant parcel,lot 2 to be 3.15 acres with no changes to the 2 existing buildings, and lot 3 to be 4.94 acres with no changes to the current existing building. The site has been used in the past for auto sales and service,boat storage and most recently for auto carts.There are no plans at this time for the vacant lot.The applicant request waivers for construction 17 (Queensbury Planning Board 07/26/2022) plan,landscaping, clearing, grading, erosion control and stormwater. Additionally, a waiver is requested for driveway separation less than 100 ft.per access management. Pursuant to chapter IS3, subdivision for the creation of three lots 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; Part 2 of the Long EAF has been reviewed by the Planning Board; 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 PRELIMINARY 8-2022 FRANK PARILLO,Introduced by Michael Dixon 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 Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote: AYES: Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon, Mr. Traver NOES: NONE MR. TRAVER-Next we consider the Preliminary Stage subdivision motion. This is for 5-2022. RESOLUTION APPROVING SUB# 5-2022 PRELIMINARY STAGE FRANK PARILLO A subdivision application has been made to the Queensbury Planning Board for the following:Applicant proposes a 3 lot subdivision. Lot 1 will be a 6.33 acre vacant parcel,lot 2 to be 3.15 acres with no changes to the 2 existing buildings, and lot 3 to be 4.94 acres with no changes to the current existing building. The site has been used in the past for auto sales and service,boat storage and most recently for auto carts.There are no plans at this time for the vacant lot. The applicant request waivers for construction plan, landscaping, clearing, grading, erosion control and stormwater. Additionally, a waiver is requested for driveway separation less than 100 ft.per access management. Pursuant to chapter IS3, subdivision for the creation of three lots shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-IS3,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/Positive Declaration A public hearing was scheduled and held on 7/26/20221- This application is supported with all documentation,public comment,and application material in the file of record; MOTION TO APPROVE SUBDIVISION PRELIMINARY STAGE 8-2022 FRANK PARILLO, Introduced by Michael Dixon who moved for its adoption. Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote: AYES: Mr. Stark,Mr. Magowan,Mr. LaSarso, Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Traver 1S (Queensbury Planning Board 07/26/2022) NOES: NONE MR. TRAVER-And last but not least the Subdivision Final Stage 9-2022, and here's where we want to include the requirement for any development on these sites to require site plan review. RESOLUTION APPROVING SUB#9-2022 FINAL STAGE FRANK PARILLO A subdivision application has been made to the Queensbury Planning Board for the following:Applicant proposes a 3 lot subdivision. Lot 1 will be a 6.33 acre vacant parcel,lot 2 to be 3.15 acres with no changes to the 2 existing buildings, and lot 3 to be 4.94 acres with no changes to the current existing building. The site has been used in the past for auto sales and service,boat storage and most recently for auto carts.There are no plans at this time for the vacant lot. The applicant request waivers for construction plan, landscaping, clearing, grading, erosion control and stormwater. Additionally, a waiver is requested for driveway separation less than 100 ft.per access management. Pursuant to chapter IS3, subdivision for the creation of three lots shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-1S3,the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; This application is supported with all documentation,public comment,and application material in the file of record; MOTION TO APPROVE SUBDIVISION FINAL STAGE PRELIMINARY 9-2022 FRANK PARILLO. Introduced by Michael Dixon who moved for 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 granted: Topography plan, Landscape plan, Clearing plan, grading erosion control stormwater plans, and the proposed curb cut for Lot 1 to the existing curb cut where the driveway spacing(179-19-010 Driveway Standards); 3. The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1)year time frame has expired if you have not yet applied for a building permit or commenced significant site work. 4. 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 5. Engineering sign-off required prior to signature of Planning Board Chairman. 6. 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 aU site work. b) The project NOT(Notice of Termination)upon completion of the project; and 7. 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 b) The project NOI and proof of coverage under the current NYSDEC SPDES General Permit,or an individual SPDES permit issued for the project. S. 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. 9. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 10. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; It. 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; 19 (Queensbury Planning Board 07/26/2022) 12. Resolutions must be included on Final Subdivision mylar; 13. Site Plan Review required prior to any development on the lots. Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote: AYES: Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Traver NOES: NONE MR. ZAPPER-Thanks,everybody. MR. TRAVER-The next item on our agenda under New Business, this is also Unapproved Development, this is Queensbury Taxi Cab and Limousine Services,LLC,Site Plan 43-2022. MRS. MOORE-Which one do you want to do first? MR.HALL-I'd like to do 543 Queensbury first. I know I have them both. MR. TRAVER-All right. So I've been instructed to instead go to 543 Queensbury Ave, LLC. This is Site Plan 44-2022. SITE PLAN NO. 44-2022 SEQR TYPE: TYPE II. 543 QUEENSBURY AVE., LLC AGENT(S): ETHAN HALL. OWNER(S): SAME AS APPLICANT. ZONING: CLI. LOCATION: 543 QUEENSBURY AVENUE. APPLICANT PROPOSES TO REUSE AN EXISTING 2,148 SQ. FT. BUILDING FOR A NEW TENANT SPACE AND TO CONSTRUCT A 3,000 SQ.FT.WAREHOUSE BUILDING ON THE 2.82 ACRE PARCEL. THE PROJECT IS LOCATED IN THE ADIRONDACK INDUSTRIAL PARK. THE PARCEL HAS TWO EXISTING BUILDINGS. ONE BUILDING IS 20,000 SQ. FT. WITH TENANT SPACES TO REMAIN AND THE OTHER IS 2,000 SQ. FT. PURSUANT TO CHAPTER 179-3-040. 179-9-020, SITE PLAN REVIEW FOR A NEW COMMERCIAL BUILDING AND A SITE PLAN OLDER THAN 7 YEARS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 1-2009(2,000 SQ.FT. ADDITION). WARREN CO. REFERRAL: JULY 2022&z WASHINGTON COUNTY LOT SIZE: 2.82 ACRES. TAX MAP NO.297.8-1-26. SECTION: 179-3-040,179-9-020. ETHAN HALL, REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-So this application is to re-use the existing 2,148 square foot building for a new tenant space and to construct a 3,000 square foot warehouse building to be associated with that smaller building. The project does contain another building which is approximately 20,000 square feet with additional tenant spaces inside that one building. I had some notes in regards to items that needed to be clarified. The applicant to clarify the elevations and the floor plans of the existing 2,148 square foot building as well as landscaping and signage. The applicant did provide some photos which I do have and I can present in the laser fiche but that information should be updated in the final plan sets. MR. TRAVER-Okay. Thank you. So tell us about your project. MR. HALL-Good evening. For your records my name is Ethan Hall. I'm a principle with Rucinski Hall Architecture here tonight representing Cliff Nelson and 543 Queensbury Ave., LLC. So the parcel is up on Queensbury Ave up by the airport. It's one of the big block buildings. The 20,000 square foot building is the one that StoredTech is in currently. No changes being proposed to that building. StoredTech owns or is leasing approximately 2./3rl s of the property. MR. TRAVER-In front of it. MR. HALL-At the front, yes on Queensbury Avenue. The back portion is still being leased by Angio Dynamics for some storage of Finch products. No changes being proposed there. The building that we're talking about is the Orkin building right next to it, single story block building. What Cliff is looking to do is move his,he owns the All Star Systems which currently is out on Route 149 in Fort Ann. He owns that building out there but he's outgrown it and he needs a storage building for his electronic security monitoring and audio systems and video systems for different places. They've outgrown it. He owns the building currently and the lease with Orkin is up at the end of the year but in order to move there he would like to build a storage building out back. So we're proposing a 3,000 square foot single slope pre- engineered metal building that is, it won't be actually physically attached. There'll be about a 10 foot separation between the existing Orkin building and this new building. It'll have some overhead doors that actually face, I guess that's east. So they would face into what is the existing parking lot now and the single slope will go off the back and all the rainwater will be captured in trenches off the back. I know 20 (Queensbury Planning Board 07/26/2022) that we got a review letter that came from LaBella. I'm working with EDP. They've got the stormwater management done. It's a matter of you go up and dig some tests pits tomorrow and confirm all that. MR. TRAVER-Okay. So you don't see any issues with the engineer signoff? MR. HALL-No. We've pretty much responded to everything already. We were just waiting to get the test pits done before we finalized the stormwater management. They have it all done. They sent it to me this morning,but they said they'll confirm it once they dig the test pits tomorrow. MR. TRAVER-Okay. MR. DEEB-Is your client taking over the Orkin building? MR.HALL-He already owns the building. MR. DEEB-Is Orkin staying? MR. HALL-No, their lease is up. They're looking at moving to a different building. He's going to move All Star Systems over there. As far as signage goes,Orkin has a sign out there now. Cliff will use the same sign and just put his logo in where Orkin is. MR. TRAVER-Yes, as long as it's compliant. MR. HALL-Yes, and no real changes to,it's fairly well landscaped already along the front of the building. There's some large trees in the front and they've got a lot of shrubbery and stuff. So he doesn't intend to really make any modifications to that. The back portion that Orkin uses right now for the parking that's there, it's their company vehicles and the people that come and pick up the company vehicles and that's fenced in right now for security. Cliff intends to leave that fenced in the same way. The building that he's proposing goes a little bit beyond where the fencing is, and it kind of encircles that part now. So he will take down part of that fencing and move it back to incorporate where he's going to be and then his building will actually just be the fence line. So he won't need any additional fencing. He's just going to take down what's there and reposition it. MR. TRAVER-Okay. Questions,comments from members of the Board? MR. LONGACKER Just the two lights? MR.HALL-Yes,they'll be wall mounted fixtures with downcast pieces, and t hat's just going to go,they'll face east to light that little bit of the parking lot there by the doors. MR. TRAVER-There is a public hearing on this application as well. Is there anyone in the audience that wanted to address the Planning Board on this application? I'm not seeing any. How about written comments,Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. Then we will close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-This is SEQR Type II. Any other questions,comments for the applicant? Does the Board feel comfortable moving forward on this? MR. HALL-Laura, is the stuff that I sent for the existing site plan, I'll incorporate the existing building plan. Yes,that's there. I'll incorporate it all. We'll make it,now that,add the survey and I'll show where the doors and stuff are. We'll take care of that. MR. DIXON-So,Laura,do you need anything else incorporated then,or this is straightforward? MRS. MOORE-So the elevation and floor plans should be incorporated into the final plans. MR. DIXON-Okay. RESOLUTION APPROVING SP#44-2022 543 QUEENSBURY AVE,LLC The applicant has submitted an application the Planning Board:Applicant proposes to reuse an existing2, 14S sq. ft. building for a new tenant space and to construct a 3,000 sq. ft. warehouse building on the 21 (Queensbury Planning Board 07/26/2022) 2.S2acre parcel. The project is located in the Adirondack Industrial Park. The parcel has 2 existing buildings.One building is 20,000 sq.ft.with tenant spaces to remain and the other is 2,000 sq.ft..Pursuant to chapter 179-3-040,179-9-020,site plan review for a new commercial building and a site plan older than 7 years shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, 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 7/26/2022 and continued the public hearing to 7/26/2022,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 7/26/2022; 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 44-2022 543 QUEENSBURY AVE,LLC.Introduced by Michael Dixon who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted: h. signage, j. stormwater, k. topography, o. commercial alterations/ construction details,q. soil logs,r. construction/demolition disposal. 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1)year time frame has expired. 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) 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, b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval,permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; e) 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;- f) If required,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 from Construction Activity"prior to the start of any site work. b. The project NOT(Notice of Termination)upon completion of the project; c. The applicant must maintain on their project site,for review by staff: i. The approved final plans 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; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit,or an individual SPDES permit issued for the project if required. g) 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 and Codes personnel; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) 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. k) This resolution is to be placed in its entirety on the final plans. 1) Elevation and floor plans to be incorporated in final plans. Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote: AYES: Mr. Stark,Mr. Magowan,Mr. LaSarso, Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Traver NOES: NONE 22 (Queensbury Planning Board 07/26/2022) MR. TRAVER-You're all set. MR.HALL-Great. Thank you very much. MR.TRAVER-And the next item on our agenda is under Unapproved Development. It's Queensbury Taxi Cab and Limousine Services LLC, Site Plan 43-2022. SITE PLAN NO. 43-2022 SEQR TYPE: TYPE II. QUEENSBURY TAXICAB &z LIMOUSINE SERVICES,LLC. AGENT(S): ETHAN HALL. OWNER(S): SAME AS APPLICANT. ZONING: CM. LOCATION: 410 DIX AVENUE. APPLICANT PROPOSES TO REUSE EXISTING 2,256 SQ. FT. COMMERCIAL BUILDING TO OPERATE TAXI SERVICE. DESIGNATED USES ARE TO INCLUDE MAINTENANCE OF VEHICLES USED FOR TAXI SERVICE, OFFICE SPACE FOR DISPATCH AND OFFICE CLERKS, AUTO BODY AND MECHANICAL REPAIRS, AND AUTO SALES OF USED CARS. PURSUANT TO CHAPTER 179-3-040,179-9-020,SITE PLAN REVIEW FOR A PLAN OLDER THAN 7 YEARS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 48-1997,UV 76-1990. WARREN CO.REFERRAL: JULY 2022. LOT SIZE: .54 ACRE AND .19 ACRE. TAX MAP NO. 303.20-1-5, 303.20-1-4. SECTION: 179-3-040,179-9-020. ETHAN HALL, REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-The applicant proposes to re-use the existing 2,256 square foot commercial building to operate a taxi service as well as a facility for auto service and sales. It's noted that the facility has been operating as a taxi and auto services and sales without approvals. The applicant's been approached by the Fire Marshal as well as others in our office. I did note some items in regards to some information that would make this application clearer, and those are Items One through Six. The additional item is there was apparently a backhoe on the site. It's one of those things that falls under heavy equipment and this area is not in a zone for heavy equipment sales. MR. TRAVER-Okay. Thank you. Tell us about your project. MR.HALL-Good evening. Again for your records,Ethan Hall with Rucinski Hall Architecture. With me tonight is Vance Cohen,the owner of Queensbury Taxi. So the building is on Dix Avenue,410 Dix Avenue. It's formerly DuFour Construction. Vance has purchased the property from DuFour's and he's in the process of wanting to move his taxi and limousine service over to the property. They have got stuff on site. There are no real changes to the building per se. Outside we've proposed some new fencing to kind of screen from Dix Avenue where they would park any of the vehicles that are in for service. The cars that we have shown for sale would be along the horseshoe and then along the western property line. We are proposing a fence along there to separate between them and the building that's to the west of this. Other than that,there's no modifications to the building. They're going to use it as is. The loader that Laura spoke about is Vance's. That's moved from the property already. It's already been gone. So we understand that it's just for automotive vehicles,not for heavy equipment. MR. TRAVER-The screening that you mentioned,I mean I have received comments that the site is a bit of an eyesore,pretty disorganized. MR. HALL-He hasn't really done anything with it knowing that we had to come here anyway. It's his intent to go through and completely clean up the site but he didn't want to do that until we had approvals to do it and make it look like we're doing anything ahead of time. We wanted to make sure that we have everything here and have the approvals before we move forward with doing anything on the site. MR. TRAVER-Understood. Okay. Questions comments from members of the Board? There is a public hearing on this application as well. Is there anyone in the audience that wanted to comment? PUBLIC HEARING OPENED CECELIA TANNER MRS. TANNER-I'm Cecelia Tanner. I submitted a letter, and I live on the corner of Phillips and Lynn Avenue,which if they're blocking off Dix Avenue,they're proposing using Phillips Avenue as their in and out. We've already asked the councilman for a four way stop on the corner of Lynn and Phillips Avenue, due to the amount of traffic that uses that cut through to avoid the traffic lights,and there are children in that neighborhood,plus the noise that's going to come from there. I don't have air conditioning and I don't plan on putting it in,and we sleep and live with our windows open and we shouldn't have to change that because somebody wants to put an automotive repair shop or whatever in there. MR. TRAVER-Hours of operation would of concern to you. 23 (Queensbury Planning Board 07/26/2022) MS. TANNER-It would be of concern to a lot of people. We have neighbors that work overnights and my husband goes to bed at six to seven o'clock at night because he gets up between 3:30 and 4:00 o'clock every morning for work. MR. TRAVER-Really? Wow. MRS. TANNER-Yes. MR. TRAVER-Okay. They are intending to put in some screening. That should also help with noise. We'll ask them about traffic. Anything else? MRS. TANNER-But they're planning on putting that in on Dix Avenue according to what they just said. I'm on the other side with the driveway they're going to use. At that part I am on the property just below where their driveway is. And I believe I'm not the only person that submitted something. So,okay. MR. TRAVER-Thank you very much. MRS. TANNER-Thank you. MR. MAGOWAN-One question before you go,ma'am. On this picture,what one is your house? MRS. TANNER-Down on the corner of Phillips and Lynn. It's a red house. I've got like a shed in the backyard. MR. MAGOWAN-This is Dix,the fire department. MRS. TANNER-Then I would be. MR. MAGOWAN-Way down? MRS. TANNER-No,I'm across from their driveway over here. This probably is my roof. This is a shed. MR. MAGOWAN-All right. Your driveway's down here. MRS. TANNER-My driveway's down here,but my door is right here. MR. MAGOWAN-All right. Thank you. MRS. TANNER-Thank you. MR. TRAVER-Is there anyone else in the audience that wanted to make a comment about this Site Plan 43-2022? Laura,are there written comments? MRS. MOORE-The only written comment is from Cecelia Tanner and I believe she's highlighted all the items that were in that letter. Do you want me to read it into the record? MR. TRAVER-This is the lady that just spoke? MRS. MOORE-Correct. MR. TRAVER-Yes,then I think we've covered her points. We'll add her letter to the record. So a couple of concerns. One is hours of operation. Can you tell us what the hours of operation would be,particularly what time in the afternoon you'd be closing? VANCE COHEN MR. COHEN-Vance Cohen here. We're basically right now, we dispatch from within the building, we will be dispatching from within the building. Right now we have an office in Glens Falls. Our hours right now are five a.m.until eleven p.m. However we've been scaling back more towards the 7 p.m. hour with the lack of business that's in the area for the evenings. MR. TRAVER-Okay. I think the concern is not so much office work, but vehicles, traffic, coming and going,that type of thing. What about that? MR. COHEN-So we're basically just looking to use the building to do our basic maintenance on vehicles. That should be during our regular business hours. MR. TRAVER-So that would be up until eleven o'clock at night? 24 (Queensbury Planning Board 07/26/2022) MR. COHEN-No. MR. TRAVER-Okay. Well this is what I'm asking. What would be the end of your regular business hours? MR. COHEN-Nine to five garage work. MR. TRAVER-Around five p.m.? Okay. MR. DEEB-What about the taxi business? MR. COHEN-The taxi business is five a.m.until. MR. DEEB-I mean you can get calls all night. MR. COHEN-Right,but we're not operating overnight anymore since the Pandemic. MR.HALL-And the thing,I've spoken with Vance about this before. This isn't a taxi stop. Their cars are on the road. They're cars are on the road. A call comes in to them and the dispatch tells the car that's on the road,go to X,Y,Z and pick this person up and take them whenever they want. MR. TRAVER-So they're not coming and going from this site? MR.HALL-They're not coming and going from this. They make one in and one out a day. At the beginning of the shift and the end of the shift. The rest of the time those vehicles are on the road. MR. TRAVER-Okay. MR.HALL-If they're not on the road,they're not making money. MR. TRAVER-That was going to be my next question, is the traffic volume increase as a result of this project. MR.HALL-I don't see there being a huge amount,in terms of something was said about closing off the Dix Avenue portion. We have no intention of closing off Dix Avenue. We have a fence that goes along that side, along the western side, but that driveway that's on Dix Ave stays. There is a significant opening along Phillips Ave,but that's where most of the vehicles will be parked. Those aren't in and out through there. Everything that comes in will be on the western end of the site. MR. TRAVER-So that's a curb cut but you don't plan on using it as a curb cut. MR.HALL-Correct. MR. TRAVER-Okay. All right. MR. DEEB-So when you're done with the taxi business,you say it slows at night. Where do those cars go? MR. COHEN-They park at the lot. MR. DEEB-So they will come into the lot. MR.HALL-At the end of the shift. MR. DEEB-I understand, and how many do you have? MR. COHEN-Right now we have eight vehicles on the road. MR. DEEB-And how many are on the lot now? MR. COHEN-Roughly 20. We go through,we put 75,000 miles a year on the cars. MR. DEEB-I understand that,you're going to be working on them, and if you have an emergency, would you be working on a taxi in the middle of the night? MR. COHEN-Our mechanic only would work nine to five. 25 (Queensbury Planning Board 07/26/2022) MR. DEEB-I'm just wondering, if the lot's big enough, I mean you've got 20 you said there, eight on the road. So you've got almost 30 cars. I just didn't see where there's going to be room for the taxis and a used car business and a repair business. MR.COHEN-The used car business is a byproduct of the taxi service. So it will be cars that we no longer use. We can only use a car that's 10 years old or newer. MR.HALL-Anything beyond 10 years old is not. MR. COHEN-I'd have to take it off the fleet. MR. TRAVER-So those would be the vehicles that would be for sale? MR. COHEN-Correct. MR. DEEB-Do you have a non-franchise New York State Dealer's license? MR. COHEN-Not yet. MR. DEEB-Are you applying for one? MR.COHEN-I haven't'yet. I'm waiting for this to go through. I've had one in the past in New York State. MR. DEEB-So you apply for that and that's how you'll sell your taxis through the dealership. Is that correct? MR.COHEN-Right. Mostly I'm looking to do that so I can get access to purchase vehicles at a reasonable price. MR. DEEB-Yes,for the taxi service. MR. COHEN-Correct. MR. DEEB-It just seems like there's a lot of clutter. When I went up and looked at the site. MR. COHEN-I do that with a few cars that I'm waiting on a motor to put in. MR. DEEB-A lot of them are wrecks. MR. COHEN-There's no wrecks. MR. DEEB-Not wrecks,but physical damage. MR. COHEN-There's no wrecks on the lot at all. I have some cars that the front end is off because I had to remove the motor. I'm just waiting on a motor to be able to put them back. MR. DEEB-I'm just concerned about the density of what's going to happen on that lot. MR. COHEN-We're not going to put any more cars than we're proposing on here. Those vehicles will be screened behind the fence that are being worked on. MR. DEEB-You've got a lot of cars on this diagram. MR. TRAVER-Well, I believe we could restrict the number of vehicles that could be on the lot. Is that not within our purview,Laura? MRS.MOORE-You can. I think some of the issue is just defining some of that space so that we know that there's that amount. Right now they're not lined or anything but just doing rough calculations that site could accommodate those vehicles that are outlined on the site plan. MR. DEEB-Forty-six vehicles? MRS. MOORE-A nine by eighteen space,twenty-two feet within the drive aisle. So,yes. MR. COHEN-I'm not sure that I'll ever use that capacity. It's just,we're looking to have an option. The sales part of it is something that's down the way. MR. DEEB-So you're immediate concern is? 26 (Queensbury Planning Board 07/26/2022) MR. COHEN-Putting the taxi business on this. MR. DEEB-Where are you dispatching from now? MR. COHEN-Sixty South Street. MR. DEEB-In the plans here it said that there wasn't going to be a dispatch coming out of there. MRS. MOORE-No,I'm saying like the traditional dispatch area where they come and hang out,where the taxi drivers hang out at the site,this is not that case. This is, as I explained, each of the drivers come in, they pick up their vehicle and they leave,versus hanging out until a call comes in. They're actually on the road when a call comes to them. MR. TRAVER-So they get their vehicle,they leave basically for the whole shift. MRS. MOORE-For the whole shift. MR. TRAVER-Okay. MR. DEEB-So you have eight currently on the road? MR. COHEN-Correct. MR. MAGOWAN-Question, maybe some clarifications. You said right now you're operating in Glens Falls? MR. COHEN-Where in Glens Falk? MR. COHEN-Sixty South Street. MR. MAGOWAN-There's a lot of parking space over there. MR.HALL-Zero. It's just across from. MR.MAGOWAN-That's where I thought it was. That's why I wanted to bring it up. So what do you do with the cars over there? MR.COHEN-We have a parking lot. We only have eight cars,and two of my drivers take them home. So I only have to park six cars. MR. MAGOWAN-I understand that and I see that. You have 46 cars. MR.HALL-Showing. MR. MAGOWAN-In this picture showing. MR.HALL-That's what could be there. MR.MAGOWAN-I mean,I'm just looking at this picture,I'm thinking once we get everything out of there and now you've got the backhoe out of there, and I'm going to see 46 cars. MR. HALL-I included the picture of DuFour's on purpose, because that's what it was. Prior to, before construction was in there that place was a disaster area. MR. MAGOWAN-I don't want to go on the record saying that,but I think you're right. That's all right. Forty-six cars,that's just scary,and I understand what you're trying to do and I see the point is when you're doing with a car,hey,if you can get a couple of extra hundred bucks for it,it all goes in the purse, and I understand that. My concern is 46 cars plus,well,you know,and then you've got the ones you're working on. Are those will be the ones you're working on, and I understand now days it's a lot easier just to disassemble the front of the car and work on it then it is to pull an engine. I just have a concern with that many cars. Can we reduce that? MR.HALL-Would you want to put a limit on 32? MR. DEE&Well, I think we should put a limit on it,but before we do that, are you going to have a New York State repair shop license? MR. COHEN-I'm only working on our fleet vehicles. 27 (Queensbury Planning Board 07/26/2022) MR. DEEB-So you're not going to do outside work? MR. COHEN-No. MR. DEEB-For some reason I thought you were going to do that. MR.HALL-No,no. This is just for their services. If they have a vehicle that has. MR. DEEB-Right. Then you won't need a New York State repair license,then. MR.HALL-No. MR. DEEB-You will get a non-franchise so you can sell your cars. MRS. MOORE-So I guess in that sense maybe something that wasn't clear in the application is that that could be a condition of this application if it ever goes to auto repairs outside of his fleet,then it would come back in for review. So he's already limited it to his own services, and it's tough to police. I'm going to be honest with you. It'll be tough to police. If someone says, yes, my friend's over there right now, it is, Bruce will probably not be happy,but you can put that in. MR. DEEB-All right. So I was concerned about. MR.LONGACKER Just a question. You mentioned purchasing cars at an auction. I mean do you intend to purchase cars at auction,bring them here,repair them,fix it and not use them in your fleet? MR. COHEN-It may happen, based on what the quality of the car is. I don't know what the scenario necessarily would be. I've bought cars and found that I couldn't use it on my fleet and then I've had to turn around and sell them. MR. TRAVER-So we're already talking about potential for repairing and selling vehicles that are not part of the taxi service. MR. COHEN-Which would be part of the sales of the cars. So any service on those would naturally be part of the. MR. TRAVER-Yes,that concerns me. MR. DEEB-I'm just wondering if the property can support two businesses,two separate businesses. MR.DIXON-And I have a question also,because we ran into this when there was a garage on the same site as sales. This was on Route 9 over by the drive-in,that there had to be a barrier between the two services. MR. MAGOWAN-A retail shop and a car. The rope didn't work. They ended up changing that and cementing poles in. MR. DEEB-Because you're going to have two separate businesses. MR. COHEN-Well, I'm the same owner of both . I understand, but you're going to have two separate businesses. One's going to be Queensbury Taxi and I don't know what you're going to call your used car dealership. You're going to have to have another name for that. So you're going to need two signs. I don't know if that can support two businesses is my concern. MR. COHEN-Okay. So my main concern is the taxi business. I don't care about the sales. I was just looking at that as a byproduct. MR. DEEB-I'm fine with the taxi business. I'm absolutely fine with the taxi business. MR. TRAVER-Question for Laura. Our approval can be conditioned on, hypothetically conditioned on taxi service only without sales unrelated to taxis? MRS. MOORE-Yes. MR. TRAVER-Okay. MRS. MOORE-And then he would have to come in for review. MR. COHEN-This was going to be a byproduct. So I don't care. MRS. MOORE-Let me just,I'll just double-check the Code section. 2S (Queensbury Planning Board 07/26/2022) MR. TRAVER-So sales of vehicles,doesn't that require a permit or license of some kind? MRS. MOORE-In Planning and Zoning,if they need a separate license that's up to them to obtain. That's not something,but in reference to Building and Codes,he still needs to follow through whatever building and Code requirements as well as the Fire Marshal. So I personally don't have knowledge of it,but they would end up being required,on their own,to obtain that necessary. MR. DEE&Well,what little knowledge I have. MR. DIXON-Mr. Chairman, I have taken copious notes here. So a couple of comments. It sounds like we're trying to identify the hours of operation,which you're stating is five a.m. to eleven p.m. for the taxi service. Garage hours of operation. MR. TRAVER-Yes, I think the concern is the servicing of the vehicles which operates no later than five p.m. MR. DIXON-Yes,I've got a note here on that. MR.HALL-So all the service takes place inside the building. It's not,they're not working on them outside. MR.DIXON-So knowing that some of the cars,and I know that we're having a conversation regarding cars that are coming up for sale. I mean I've jotted a note here that the cars listed to be for sale would be limited to those vehicles being removed from active service. MR. COHEN-Right, which is what Queensbury Taxi owns. It would be a Queensbury Taxi type of vehicle. MR. DEEB-Yes, and you could sell it,you don't need a used car business to sell that. The only issue,then, is how you acquire your cars. MR.HALL-Right. MR. DEEB-Because you're not going to be able to go to an auction and buy a car. MR. COHEN-We will have to look at additional property. MR. DIXON-So then we were talking about limiting the number of vehicles. So there's really two categories,the number of taxis and potentially those for sale. We want to look at both of those. MR.HALL-Can I offer this? We show a loop on the top that says vehicles for sale. There's nine vehicles that are listed there. If those are gone away from the plan,the rest of them on the site,they're all right in a row. So we're a regular parking lot. MR. TRAVER-Yes. MR.HALL-If those nine that go out of there,that takes us down,what did you count,46,Dave? MR. DEEB-Yes. MR.HALL-That'll take us down to 37. Would that be amenable? MR. DEEB-Actually I don't see you getting 37 taxis at one point. MR. COHEN-This area operated 50 taxis before COVID. MR. DEEB-You did? MR. COHEN-No,between the different cab companies. Right now there's 16 cabs. MR. DEEB-Are you familiar with the fellow that died? MR. COHEN-Yes. George. MR. DEEB-No. Randy Bray. MR. COHEN-Randy,yes. MR. DEEB-He did the same thing. 29 (Queensbury Planning Board 07/26/2022) MR.HALL-White cab. MR.DEEB-White cab. I used to be in the used car business. So I used to see him all the time and he used to go out and by his cars and bring them back and put them into service. He didn't have a lot of luck. MR. COHEN-In the last five years I've purchased brand new cars, been operating brand new cars, and most of the other cars are my older fleet vehicles that I'd like to use at some point,but as long as the age. MR. DEEB-Yes. I imagine new cars have fewer headaches. MR. TRAVER-All right. MR.MAGOWAN-I see your business plan. I look at it it's Queensbury Taxi and Limousine Service,LLC. All right,but in the description it does say mechanical repairs and auto sales of used cars. I'm not trying to pull your business plan away. I understand what you're trying to do is, you know, you have an opportunity that you can buy cars at an auction,I think that's a great deal. It's a benefit for your business, instead of going out and buying new ones right now to put people into do taxi services. My main concern is 46 is way too many. Thirty-seven is peaking my interest to maybe looking this way. I would like to see more in like the 30 factor. Since you're talking eight cars,ten cars right now on the road for you,you know, for service wise, and then you can have,you know,four or five. MR. TRAVER-The 37 includes employee vehicles. MR. HALL-Yes, that's what I'd like to point out, you know, we're showing this is maximum. So an employee comes in with a car, their own personal car, parks it, grabs their taxi and leaves. That's a net zero. Because there's only one car involved. MR. TRAVER-And how many employees are involved? MR. COHEN-Well,right now I have 15 drivers,but I only have eight cars running right now. MR. MAGOWAN-So your employees are going to park on the Phillips side,Phillips Avenue? MR.HALL-That's the way we have it right now. Yes. MR. TRAVER-So if you have thirty-seven vehicles,total, and you have eight that are going out as drivers, then you're only going to have twenty-nine vehicles that are there. MR.HALL-Any given time. MR. TRAVER-So 29. MR. MAGOWAN-That's still a lot of vehicles. I mean look what we have here. MRS. MOORE-So you're using the aerial photo, which is not representative of the plan that Ethan submitted. MR. MAGOWAN-Well,no,I'm just trying to say look at the picture,you know, and you take the trucks and everything else and you throw in all the pins. I mean this is pretty cluttered with 30 vehicles. MR. TRAVER-So how many vehicles would you like to see? . MR. MAGOWAN-Well I was hoping a total of 30 with the employees. MR.HALL-Yes,we would be 29 with the employee cars. MR. MAGOWAN-That's 30. Then the employees take off the eight or ten. That brings you down to 20 cars. MR.HALL-Right,at any given time. Sitting on that lot. MR. DIXON-So you're proposing limiting the site to 29 vehicles on the lot. MR. MAGOWAN-And I'm not counting the ones that go out. I'm not looking at your net zero. That's a numbers game and I'm not looking at your net zero. MR.HALL-I know what you're saying. 30 (Queensbury Planning Board 07/26/2022) MR. TRAVER-So the maximum number of vehicles on the lot would be, at anyone time,would be 29. Is that what you're saying? MR. HALL-Yes,that's basically what we're looking at. At any given moment there would be 29 vehicles. This one comes in,this one leaves. MR. DEEB-I'm fine with that. I'm okay with that. MRS. MOORE-So it is,physically what he's describing is the taxi and the employee are the same number. MR.HALL-Correct. MR. TRAVER-Because they pick up a taxi when they park. MR.HALL-Right/ MRS. MOORE-I just want to make sure that. MR. MAGOWAN-It's a numbers game. Don't get caught up in it. MR. TRAVER-We don't have to get caught up in it. We just have to put a limit on it. MR. MAGOWAN-And I don't want to affect his business model and I think what he's going to do to the building and make that area nicer with the fencing,some planting and that,and I really,I understand. Just 46 I just couldn't do. MR.HALL-That's okay. MR. TRAVER-Well we're not talking about 46 now. We're talking about 29. MR. MAGOWAN-Are you going to clear any of those trees out of there? MR.HALL Just the brush. MR. DEEB-It was overgrown. MR.HALL-It's overgrown,yes. The building's been vacant for about five or six years and when a building's vacant like that and nobody's taking care of it,it doesn't take long for the shrubbery to grow up and the weeds to grow and everything else. Once they get in there and they're there on a regular basis,it will be a lot better maintained than what it is currently. MR. DEE&Well, I mean once you get it cleaned up and you get the cars neatly put in there, I think it'll improve the property and the fencing,you know, the white vinyl stockade fence that's running from the corner of the building out is going to hide two-thirds of that that's back there anyhow. MR. DEEB-Okay, and no used car sales at that property? MR. COHEN-That's fine. MR.TRAVER-And so there would not be any vehicles on the site that would not be registered for the road. Correct? In other words any vehicle that would be, of the 29 vehicles, all of them,if they're on the site, they would have a license plate and they would be current. MR. COHEN-Not necessarily. If it's something that's being processed to be put back on the road. MR. DEEB-If it replaces a cab with another cab,you'll transfer that plate. MR.HALL-They'll be viable. They may not be all ready. They're livery titled cars. MR. TRAVER-I guess in my head I'm just thinking trying to avoid like junk vehicles,they're not. MR.HALL-Right. MR. TRAVER-Okay. MR. MAGOWAN-Now what about traffic use? What can we do for Phillips Avenue? MR.HALL-Well that's one of the things that I was looking at. We've got this massive opening on Phillips Avenue,and really all we need is the front part of it to come in to the lot,because you can come in this way. 31 (Queensbury Planning Board 07/26/2022) We could actually cut that down by a significant amount and make an in at the top and an out at the bottom for the use of that. So right now,Laura,can you pull up the aerial picture again? It's open from the grassed area on the top up there by the landscape area. It's a complete curb cut all the way down. We could close off part of it between, because there's an overhead door that's centered on the peak of the building. So we could get rid of some of that,like where Laura's drawing. Where she's got that yellow we could cut that down so that there's just an in and out up top and an in and out for the overhead door portion of it. MR. TRAVER-Okay. Yes. So that would cut down on the vehicles going in and out. MR. HALL-Absolutely. And I don't think that's a side of the building that you intend to use that much anyway? MR. DEEB-No,I don't think it's going to be a huge impact to traffic. MR.HALL-No. MR. MAGOWAN-No,but it would help maybe some of the people maybe thinking of it as a cut through. MR. TRAVER-Right. MR. MAGOWAN-And I'm sure a lot of the people that are doing the cut through are coming off of Dix Avenue because sometimes that light does get a little backed up. MR. TRAVER-So that's on the west side of the property? MR.HALL-East. MR. MAGOWAN-East. MR. DIXON-So on Phillips. MR. TRAVER-Right. Okay. MR. DIXON-So applicant is going to reduce the curb cut on Phillips Avenue. I don't know how else you want to describe that. MRS. MOORE-I think that's sufficient. They're providing maybe two car lengths to reduce the curb cut access. So at least two car lengths. That's 1S feet. MR. TRAVER-So reduce it by two car lengths. MR.HALL-No,we'd reduce it two,two car lengths on the top and two car lengths on the bottom. MR. TRAVER-Okay. MR.HALL-Currently it's about a,I want to say it's about a 65 foot I'm just going by scale of this. This at 100 feet is pretty close to what that is across here. So if we cut it down to an 1S foot or 20 foot we'll cut about 40 feet out of it. MR. TRAVER-Okay. MR.HALL-So we would reduce it to two 20 foot openings. MR. TRAVER-Two 20 foot openings. Okay. MR.HALL-On the Phillips Avenue side. MRS. MOORE-So in terms of sales and things like that, so I just want to be clear that if you remove, the applicant and the Board agreed to remove that auto sales,but remember passenger and limousine service is,this is the way it's defined is establishment with taxis,passenger cars for hire and limousines are stored, serviced and dispatched. So the service still maintains there. MR. DEEB-So how many limousines do you have? MR.COHEN-I have zero limousines. It was something that we did down the road,but it's not something I`m currently looking into. That whole market's changing. MR. DEEB-Because you'll have to store them in there if you get one or two. 32 (Queensbury Planning Board 07/26/2022) MR. MAGOWAN-You did them at the Deli? MR.HALL-No,that's a different guy. MR. COHEN-We had them in Vermont. MR.TRAVER-So,hypothetically then,for this site,we could approve,the only business would be taxi and limousine service. MRS.MOORE-That's the site plan review title of it,is called a passenger limousine service. And it includes taxis. MR. TRAVER-So not sales. Okay. MR. DEEB-So no current plans to buy limos? MR. COHEN-No. MRS. MOORE-It would be, at that point, so if he wishes to use a limousine,it wouldn't change what the definition of this project is. MR. DEEB-Right. I understand,but what if we,if we excluded the limousine. MR.HALL-That's the LLC. MR. COHEN-At the time when we started. MR.HALL-And this was prior to the Schoharie accident and as Vance says,that has completely changed. That market, I had two people who I knew that were in that market who owned stretch Humvee's, sold them as soon as that accident happened. MR. TRAVER-Yes. MR. COHEN-'We don't even operate our 12 passenger vans anymore. Insurance companies won't cover them. MR.HALL-The insurance companies will not touch them anymore. MR.DIXON-1 know one of the concerns,though,that the applicant has brought up,if we limit that there's no sales,however he's going to be removing some taxis from service. MR. TRAVER-No sales on this site. MR.HALL-Right. MR. TRAVER-But they can be sold elsewhere. MRS.MOORE-So this applicant could potentially come back to this Board and say now I want to add auto sales. He can do that at any time as part of a new site plan application. MR.HALL-That would be a completely new site plan application. MR. TRAVER-Yes. MR. DIXON-Okay. MR. TRAVER-So I think we've covered everything. MR. DIXON-Does the Fire Marshal have to look at this? MRS. MOORE-Yes. MR.HALL-Yes. MR. TRAVER-And this time we even did the public hearing I think. Right? MRS. MOORE-You did not close the public hearing,though. MR. TRAVER-Okay. So we'll go ahead and close the public hearing. 33 (Queensbury Planning Board 07/26/2022) PUBLIC HEARING CLOSED MR. DIXON-Mr. Chairman,I have two more questions. MR. TRAVER-Yes,sir. MR. DIXON-First, on your plan you show the white vinyl fence which I like the vinyl fence. You're showing it as being six feet high. I thought Code compliant was four from the beginning of the building. MRS. MOORE-So it's a good thing it's on the plan. So commercial fence is required for site plan review. There's no height limit. It just has to be within reason. So six feet is part of the site plan review for a commercial project as part of the review process. MR. DIXON-All right,and on the west side it's a four foot chain link fence I believe. MR.HALL-Yes. MR. DIXON-Do you own the residence next door to that,or is that private property? MR. COHEN-I tried to buy it at a tax auction recently. MR.HALL-Vance tried to be the owner of it. MR. DIXON-Okay. So one of my thoughts and potential concerns,since these are taxis,especially during the winter hours as people are pulling in,the headlights. Instead of being a chain link, I wondered if you would be open to considering vinyl on that side as well,too. I'm just concerned that during those evening hours,because you're going to have traffic until It p.m.,eventually,if it should be a house. MR.HALL-Is it okay at four feet,or do you want us to make that taller as well? MR. DIXON-I'm comfortable with the four feet. MR. TRAVER-Four feet would be above the headlights. MR.HALL-Yes. Okay. MR. TRAVER-All right. Well I think we're about ready for a. MRS. MOORE-So you want to make sure in your motion that you include that auto sales and service,the title auto sales and service is removed from the application,and it's strictly the passenger limousine service. MR. TRAVER-Okay. MR. DIXON-Let me get the exact wording on that. MR. MAGOWAN-Does that mean he can still sell his cars? MR. TRAVER-Not on that site. On another site. MR.HALL-Not on that site. He can still service his taxi fleet there,but you can't sell from there. MR. DIXON-I don't even see,what were you proposing for the sign? I don't even see the sign? MR.HALL-The existing sign is,there's four trees in the middle there. There's an existing well there with a sign over it and there's a roof and a sign that goes underneath it,that's the same spot that you're looking to have that. MR. TRAVER-Existing sign. MRS. MOORE-Mike, I noted there's items one through six on the end of my Staff Notes. So Item Six, that's already been taken care of. That was removal of the backhoe, and Five is now, we've reduced that to 30 parking spaces. MR. DIXON-Thirty or twenty-nine? MR. TRAVER-Twenty-nine. 34 (Queensbury Planning Board 07/26/2022) MR. COHEN-As far as the removal of the backhoe, I took it off the property. I was never selling it, intentionally selling it. Somebody had called and said is it for sale. MRS. MOORE-And it was brought to my attention. MR. COHEN-That's why we moved it,but I do use it for snow removal. MR. TRAVER-So it wouldn't be there all winter,though? It would just be there during the snow removal process. Right? MR. COHEN-It can come in and out just to be serviced. MR. DEEB-Otherwise it will sit in the garage. MR.HALL-Yes. DuFour's was running all their backhoes and stuff in and out of there on trailers. I think that's a 20 foot overhead door. I think there's 10 panels. It's pretty good sized,big enough that a tractor trailer will fit in. MR.LONGACKER-Do you know where your septic is? Plans from 1990 show it in the front and the plan that you provide shows it in the back. MR.HALL-Yes,I think it's in the front. MR. LONGACKER-You just don't want to drive on it. MR. HALL-We had assumed it was in the back and then I FOIL'd the stuff from Laura and they all of a sudden came up with a septic as built that shows it in the front. I'll buy it. MR. LONGACKER-Are you going to move it,though,since you can't drive on it? MR.HALL-It's not even a drive area. I'm sure that that was over constructed. MR. MAGOWAN-But if that's something that you can actually locate while you're cleaning everything out that would be nice,just so we know. MR.HALL-We'll make sure that the final as built gets added to the site plan. MR. TRAVER-Are you all set? MR. DIXON-1 think I'm ready. MR. TRAVER-Okay. Well let's hear it. RESOLUTION APPROVING SP#43-2022 QUEENSBURY TAXICAB&LIMOUSINE SERVICE,LLC The applicant has submitted an application to the Planning Board: Applicant proposes to reuse existing 2,256 sq. ft. commercial building to operate taxi service. Designated uses are to include maintenance of vehicles used for taxi service,office space for dispatch and office clerks,auto body and mechanical repairs, and auto sales of used ear Pursuant to chapter 179-3-040,179-9-020,site plan review for a plan older than 7 years shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, 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 7/26/2022 and continued the public hearing to 7/26/2022 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 7/26/2022; 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 43-2022 QUEENSBURY TAXICAB &z LIMOUSINE SERVICES,LLC,Introduced by Michael Dixon who moved for its adoption; 35 (Queensbury Planning Board 07/26/2022) Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: j. stormwater, k. topography, n traffic, o. commercial alterations/ construction details,q. soil logs,r. construction/demolition disposal. 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1)year time frame has expired. 3) 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 and 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; f) 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. h) Taxi hours of operation will be limited to 5 a.m.to 11 p.m. i) Garage work hours of operation will be limited to 9 a.m.to 5 p.m. j) No car sales will be allowed at this location. k) Site will be limited to 29 vehicles on the lot. 1) Service garage limited to repair of existing fleet only. Any change to this requires Site Plan approval. m) Applicant to reduce curb cut on Phillips Avenue to the equivalent of two 20 foot openings. n) Applicant to replace four foot chain link fence on the western side of the property with a four foot vinyl fence. o) Existing sign will only indicate taxi and limo service versus automotive sales and services. p) Final plans should reference current floor plans. q) Project description should remove the phrase"and auto sales of used cars". Motion seconded by Brad Magowan. Duly adopted this 26`h day of July 2022 by the following vote: MRS. MOORE-So I just have,in reference to final plans,final plans should reference the floor plan of the building,the correct floor plan from the previous application, and the fence length needs to be noted, and the other item simply to be updated. MR. DIXON-So final plans should reference the original floor plans. MR.HALL-Floor plans as they are. MR. TRAVER-The current,not proposed floor plan. MRS. MOORE-And then finally "and auto sales of used cars" needs to be removed from the project description. MR. DIXON-Okay. AYES: Mr. Stark,Mr. Magowan,Mr. LaSarso, Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Traver NOES: NONE MR. TRAVER-You're all set. MR.HALL-Thank you very much. We appreciate your time this evening. MR. TRAVER-Is there any other business before the Planning Board this evening? Hearing none, I'll entertain a motion to adjourn. MR. DEEB-So moved. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JULY 26TK,2022, Introduced by David Deeb who moved for its adoption,seconded by Michael Dixon: 36 (Queensbury Planning Board 07/26/2022) Duly adopted this 26`h day of July, 2022, by the following vote: AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Traver NOES: NONE MR. TRAVER-We stand adjourned. Thanks,everybody. See you next month. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver,Chairman 37