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06-16-2015 (Queensbury Planning Board 06/16/2015) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING JUNE 16, 2015 INDEX Subdivision No. 6-2015 Maurice Combs 1. Tax Map No. 308.18-1-1 Site Plan No. 17-2015 Kimberlee Polunci 2. Special Use Permit No. 18-2015 Tax Map No. 289.15-1-1.1 Site Plan No. 33-2015 Harold & Patricia Taylor 2. ZBA RECOMMENDATION Tax Map No. 289.7-1-39 Site Plan No. 35-2015 Mark Ryan 5. Freshwater Wetlands 2-2015 Tax Map No. 227-13-2-58 ZBA RECOMMENDATION Site Plan No. 36-2015 Tabassum "Toby" Sheikh 7. ZBA RECOMMENDATION Tax Map No. 266.3-1-78, 79 Site Plan No. 38-2015 Ed & Ed T. Enterprises, LLC 11. ZBA RECOMMENDATION Tax Map No. 288.12-1-17, 19 Site Plan No. 39-2015 Concord Pools, Inc. & United Parcel Service 15. ZBA RECOMMENDATION Tax Map No. 309.17-1-24, 309.14-1-1, 309.17-1-23.21 Site Plan No. 32-2015 Cindy Trombley 18. Tax Map No. 279.-1-63 Site Plan No. 34-2015 Jered Holycross 19. Tax Map No. 296.9-1-10, 12 Site Plan No. 37-2015 Adirondack Factory Outlet Center 22. Tax Map No. 288.12-1-22, 23 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury Planning Board 06/16/2015) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING JUNE 16, 2015 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN PAUL SCHONEWOLF, SECRETARY THOMAS FORD BRAD MAGOWAN STEPHEN TRAVER GEORGE FERONE DAVID DEEB LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. HUNSINGER-I'll call to order the meeting of the Town of Queensbury Planning Board on Tuesday, June 16, 2015. Members of the audience, welcome. There are copies of the agenda on the back table. There's also a handout for public hearing procedures. Several of our projects do have public hearings scheduled, and before we open the first public hearing I'll go through those details. The first order of business is approval of minutes from April 21St and April 28th, 2015. Would anyone like to make a motion? APPROVAL OF MINUTES April 21, 2015 April 28, 2015 MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES OF APRIL 21ST & APRIL 28T", 2015, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: Duly adopted this 16th day of June, 2015, by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-We have two administrative items. ADMINISTRATIVE ITEM: SB 6-2015 MAURICE COMBS: FOR FURTHER TABLING CONSIDERATION MR. HUNSINGER-And this is for further tabling, and there was a draft resolution in your packets to table that to August 25tH MRS. MOORE-We're actually, I'm going to actually suggest that you change it to August 18tH and the reason is the applicant is in the process of coming up with a different proposal based on the discussion at the Zoning Board, so that information being a significant change or a change to the subdivision proposal would actually come back to the Planning Board for the SEAR and for the recommendation back to the Zoning Board. MR. HUNSINGER-Okay. Thank you. So table that to August 18th, if anyone would like to make that motion. RESOLUTION TABLING SB 6-2015 MAURICE COMBS MOTION TO TABLE SUBDIVISION NO. 6-2015 MAURICE COMBS, Introduced by Paul Schonewolf who moved for its adoption, seconded by Stephen Traver: Tabled to August 18th, 2015. Duly adopted this 16th day of June, 2015, by the following vote: 2 (Queensbury Planning Board 06/16/2015) AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-And then the other item for tabling is Special Use Permit 18-2015 and Site Plan 17-2015 for Kimberlee Polunci SP 17-2015& SUP 18-2015 KIMBERLEE POLUNCI: FOR FURTHER TABLING CONSIDERATION MR. HUNSINGER-And this is to table that until next Tuesday night. Pending review by the Zoning Board. If anyone would like to move that. RESOLUTION TABLING SUP # 18-2015 SP # 17-2015 KIMBERLEE POLUNCI MOTION TO TABLE SITE PLAN NO. 17-2015 & SPECIAL USE PERMIT NO. 18-2015 KIMBERLEE POLUNCI, Introduced by Paul Schonewolf who moved for its adoption, seconded by Stephen Traver: Tabled to June 23, 2015, pending review by the Zoning Board. Duly adopted this 16th day of June, 2015, by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-We have several items for recommendation to the Zoning Board of Appeals. PLANNING BOARD RECOMMENDATION TO THE ZONING BOARD OF APPEALS SITE PLAN NO. 33-2015 SEAR TYPE TYPE II HAROLD & PATRICIA TAYLOR AGENT(S) ETHAN HALL - RUCINSKI HALL ARCHITECTURE OWNER(S) TAYLOR FAMILY REVOCABLE TRUST & OTHERS ZONING WR LOCATION 27 REARDON ROAD EXTENSION APPLICANT PROPOSES TO RENOVATE AN EXISTING HOME ENCLOSING AN OPEN PORCH AND ALTERING INTERIOR LIVING AREA AND BEDROOMS WITH A 289 SQ. FT. ADDITION; NEW FLOOR AREA OF 589 SQ. FT., NEW HOME WILL HAVE 2,399 SQ. FT. FLOOR AREA. SITE PLAN: PURSUANT TO CHAPTER 179-3-040 179-6-050, 179-13- 010 OF THE ZONING ORDINANCE ALTERING SHORELINE WITHIN 50 FEET OF THE SHORELINE WITHIN 50 FEET OF THE SHORELINE AND EXPANSION OF A NON- CONFORMING STRUCTURE IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF REQUESTED FROM MINIMUM PROPERTY LINE AND SHORELINE SETBACKS, MAXIMUM ALLOWABLE HEIGHT AND FLOOR AREA RATIO REQUIREMENTS AND EXPANSION OF A NON-CONFORMING STRUCTURE IN A CEA. PLANNING BOARD SHALL MAKE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 27-15, BP'S APA, CEA, OTHER GLEN LAKE CEA LOT SIZE 0.24 ACRES TAX MAP NO. 289.7-1-39 SECTION 179-3-040, 179-6-050, 179-13- 010 ETHAN HALL, REPRESENTING APPLICANT, PRESENT; HAROLD TAYLOR, PRESENT MRS. MOORE-Okay. This applicant proposes to renovate an existing home, enclosing an open porch area and altering interior living area and this includes bedroom with a 289 sq. ft. addition. The new floor area would be 589 sq. ft., and the new home would have a total of 2,399 sq. ft. floor area ratio. Under this, the nature of the variance, the applicant will be requesting relief from shoreline setback, where 50 feet is required and 14 feet 8 inches is existing. Permeability, 70% is required and 60.6 is existing and to remain. The side yard setbacks, both north and south, and a request for relief for height and floor area. This applicant will not be appearing before the Zoning Board until a later date. At this time we only have a recommendation from the Planning Board being referred. MR. HUNSINGER-Okay. Thank you. Good evening. MR. HALL-Good evening. Ethan Hall, principal with Rucinski/Hall Architecture. With me tonight is Harold Taylor, owner of the property. Basically the idea here is that this has been a seasonal camp that's being converted to a year round. The way that they're planning to do that, 3 (Queensbury Planning Board 06/16/2015) there's an existing front porch and a front deck that's on the lower level and they're just going to come right straight up off of that, and there are two existing bedrooms that are really small, and they're going to expand that and make it a little bit larger. Make it into a year round residence and move up there full time. All the setbacks and all the relief that we're requesting is existing. The reason that we're not going to Zoning tomorrow is we have to get updated survey information for the two adjoining property owners that we weren't aware of. So we have to get that so we can determine what the actual setback request is because it's the average of the two, average of the three? MRS. MOORE-Average of the two, the side view. MR. HALL-So the two that are beside us are equally close to, this is right on the outlet of Glen Lake, and the two properties that are adjoining are equally close to the lake. So we're asking for a significant amount of setback relief from the lake. It's already existing, but compared to the two adjoining properties, it's not significant. MR. HUNSINGER-Okay. Questions, comments from the Board? MR. TRAVER-You're building a second kitchen. You're trying to make more living space, but you're adding a second kitchen. Are you making this a duplex? MR. HALL-No. Downstairs is just going to be the family room and they're just going to have a serving kitchen down there. It's just, there's already a refrigerator down there. There's a small sink, and it's just the serving area for the family room. In the summertime when a lot of us go up to the lake, there's, they don't really want everybody upstairs. It's easier to have everybody in the downstairs area coming up from the lake after swimming and such. So that's kind of the area where everybody congregates down there, and it's just easier to have a serving kitchen down there. That's really all it is. MR. TRAVER-Thank you. MR. MAGOWAN-You mean you don't make them take their suits off at the door? MR. SCHONEWOLF-Have them eat outside. MR. HUNSINGER-Other questions, comments? MR. MAGOWAN-So you're not changing any of the footprint out front? MR. HALL-No, we're going right straight up off of the deck that's there already. There's a full foundation underneath it that was put in when that deck was re-built. MR. FORD-Run by us again what the rationale is for checking the survey of the two adjoining properties? MRS. MOORE-It's a Code requirement. That in the Waterfront zone that if the two adjacent properties are further back, then you have to take the average setback of those two buildings on either side of you, and that would be the setback that is required in that zone. MR. FORD-Thank you. MRS. MOORE-So right now the setback requirement is 50. However, those two houses are further back. MR. MAGOWAN-Ethan, why didn't you say that like that? MR. HALL-I'm still trying to figure it out myself. MR. SCHONEWOLF-I want to see the guy that came up with that. MR. HUNSINGER-It doesn't often apply. MRS. MOORE-Right, but you can see in this image, that's what happened. MR. HALL-The good news is that the neighbor on one side is the daughter of Pat and Bud. MR. FORD-Does that change the survey? MR. HALL-No, she was the hardest one to get. 4 (Queensbury Planning Board 06/16/2015) MR. HUNSINGER-Were there any concerns specific to the variance requests? MR. MAGOWAN-1 guess you seem to be doing a lot of work down there. How's the septic? MR. HALL-It was re-built in 2008. It was re-done by Jarrett Engineer. It was done with two bedrooms fully designed for that. So it's all set. It's got a pumped up system that goes up to the septic tank and then it's got infiltrators out back. So we're all set. MR. HUNSINGER-So this is an interesting situation, though, because the setback really is already existing. MR. HALL-Yes. MR. HUNSINGER-So even if you do the surveys. MR. HALL-It doesn't change the existing. MR. HUNSINGER-It doesn't change the existing, and he's not proposing to encroach closer to the lake than what already exists. MRS. MOORE-Correct, but the Code requires a survey. MR. HUNSINGER-Okay. So it's not going to make any difference to the plan. MR. HALL-Well, we're pretty close to getting it. Just waiting on them to get out there and finish up the final, the one next door, get that finished up. MR. HUNSINGER-Any other questions, comments, concerns from the Board? MR. FORD-No. MR. HUNSINGER-There is a draft resolution in our packets, if anyone would like to move that. RESOLUTION RE: ZBA RECOMMENDATION RE: AV#27-2015 TAYLOR The applicant has submitted an application for the following: Applicant proposes to renovate an existing home enclosing an open porch and altering interior living area and bedrooms with a 289 sq. ft. addition; New floor area of 589 sq. ft., new home will have 2,399 sq. ft. floor area. Site Plan: Pursuant to Chapter 179-3-040, 179-6-050, 179-13-010 of the Zoning Ordinance altering shoreline within 50 feet of the shoreline and expansion of a non-conforming structure in a CEA shall be subject to Planning Board review and approval. Variance: Relief requested from minimum property line and shoreline setbacks, maximum allowable height and floor area ratio requirements and expansion of a non-conforming structure in a CEA. Planning Board shall make a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 27-2015 HAROLD & PATRICIA TAYLOR, Introduced by Paul Schonewolf who moved for its adoption, seconded by Thomas Ford: The Planning Board based on a limited review has not identified any significant adverse impacts that cannot be mitigated with the current project proposal. Duly adopted this 16th day of June, 2015, by the following vote: AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Hunsinger NOES: NONE 5 (Queensbury Planning Board 06/16/2015) MR. HUNSINGER-So do we know when this might be coming back? MR. HALL-As soon as I submit the survey. MRS. MOORE-1 would guess an August review. MR. HALL-I mean, as soon as we get the updated survey, we'll get everything back up to Laura and get the submitted so we can get in front of the Zoning Board, and then we'll be back to see you. MR. HUNSINGER-Okay. MR. HALL-Thank you very much. MR. HUNSINGER-The next project is also a recommendation to the Zoning Board of Appeals. SITE PLAN NO. 35-2015 FRESHWATER WETLANDS 2-2015 SEAR TYPE TYPE II MARK RYAN OWNER(S) SAME AS APPLICANT ZONING WR LOCATION 28 ROCKHURST ROAD APPLICANT PROPOSING TO MAINTAIN 90 FOOT SHED AND 24 SQ. FT. TRASH UNIT ON SITE IN EXISTING LOCATION. SHED IS WITHIN 50 FEET OF THE WETLAND. SITE PLAN: PURSUANT TO CHAPTER 179-6-050 OF THE ZONING ORDINANCE HARD SURFACING WITHIN 50 FEET OF THE SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. FRESHWATER WETLANDS: DISTURBANCE/DEVELOPMENT ON LAND WITHIN 100 FEET OF A WETLAND. VARIANCE: RELIEF REQUESTED FOR ACCESSORY STRUCTURE SETBACK REQUIREMENTS. PLANNING BOARD SHALL MAKE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 30-15, AV 47-01, SP 30-99 WARREN CO. REFERRAL JUNE 2015 APA, CEA, OTHER L G PARK CEA, APA& NWI WETLANDS LOT SIZE 0.52 ACRES TAX MAP NO. 227.13-2-58 SECTION 179-6-050 MARK RYAN, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. The applicant is proposing to maintain an existing 90 square foot shed and a 24 square foot trash unit on the site in existing location. The shed is within 50 feet of the wetland. The variance request for this one is the existing shed on the west side of Rockhurst is actually within the wetland area where you're supposed to maintain a 75 foot setback, and on the other side of the road, the 24 sq. ft. trash unit is located 8.5 feet, and in this particular case, no matter what this applicant proposes to do on this lot, it most likely would need a variance and reviews by this Board at any point in time. So it's just the configuration of the parcel. MR. HUNSINGER-Understood. Good evening. MR. RYAN-Hi. MR. HUNSINGER-If you could tell us about your project. I'm sorry, if you could identify yourself for the record first. MR. RYAN-My name is Mark Ryan, owner of 28 Rockhurst Road. The project is in 2001 1 put in a 90 sq. ft. shed on the west side of Rockhurst, and then last year replaced some plastic Rubbermaid trash containers that kept on getting ripped apart. There was a wooden 24 sq. ft. shed or box or whatever you want to call it, to try and keep the animals from getting to them. So I'm asking to keep it. MR. HUNSINGER-You put the shed there in 2001? Okay. MR. SCHONEWOLF-Yes, well it's not exactly overrunning the wetland. That's the way it's drawn, but it's just a little piece of it. MR. RYAN-Well, actually I made that section. MR. SCHONEWOLF-Did you? MR. RYAN-National Grid put a, moved the telephone pole from the east side to the west side, and when they cut down all the trees and so on they kind of just kind of left them piled up there and the previous owner had dozed a bunch of, that whole lot cleared, and Craig Brown came up and asked me what he was doing and I said I didn't know, I wasn't there, but discovered that there's stumps and trees and things. So when we were doing the flow of that whole area for 6 (Queensbury Planning Board 06/16/2015) water, one of the State representatives was there and tagged some trees to save and suggested that clear all that out. So I took the excavator and just scraped out all the, on the west south side in that section there, pulled it all out. Some people took the wood for firewood or whatever, others went to the dump. So I kind of made that spot over there. MR. SCHONEWOLF-We have a couple of those in our neighborhood, too. Where people just drew the lines. One girl drew it for a master's degree project. MR. FERONE-Is the unit on the back of the house, is that actually connected to the home? MR. RYAN-No. Actually there's a picture that shows when they stained the back of the house last year. MR. FERONE-It kind of looks so close. MR. RYAN-Well, I pushed it against it. MR. FORD-But it's not attached? MR. RYAN-That's correct. MR. SCHONEWOLF-And they're on both sides of the road. I mean, there's one on one side of the road and one on the other side of the road. MR. RYAN-Right. MR. HUNSINGER-Anyone have any specific concerns relative to the variance request? MR. SCHONEWOLF-No, I don't. MR. FORD-No. MR. HUNSINGER-There is a draft recommendation in your packets. Would anyone like to put that forward? RESOLUTION RE: ZBA RECOMMENDATION RE: AV#30-2015 MARK RYAN The applicant has submitted an application for the following: Applicant proposes to maintain 90 foot shed and 24 sq. ft. trash unit on site in existing location. Shed is within 50 feet of the wetland. Site Plan: Pursuant to Chapter 179-6-050 of the Zoning Ordinance Hard surfacing within 50 feet of the shoreline shall be subject to Planning Board review and approval. Freshwater Wetlands: Disturbance/development on land within 100 feet of a wetland. Variance: Relief requested for accessory structure setback requirements. Planning Board shall make a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 30-2015 MARK RYAN, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: The Planning Board based on a limited review has not identified any significant adverse impacts that cannot be mitigated with the current project proposal. Duly adopted this 16th day of June, 2015, by the following vote: AYES: Mr. Schonewolf, Mr. Deeb, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. Do you go before the Zoning Board tomorrow? 7 (Queensbury Planning Board 06/16/2015) MR. RYAN-Yes. Thank you. MR. HUNSINGER-You're welcome. Our next project is also for a recommendation to the Zoning Board of Appeals. SITE PLAN NO. 36-2015 SEAR TYPE UNLISTED TABASSUM "TOBY" SHEIKH AGENT(S) ZACH MONROE - WINCHIP ENGINEERING OWNER(S) ASAD PETROLEUM, INC. ZONING NC LOCATION 985 STATE ROUTE 149 APPLICANT PROPOSES TO DEMOLISH A 261 SQ. FT. EXISTING BUILDING W/GAS FACILITY TO CONSTRUCT A NEW 6,120 SQ. FT. CONVENIENCE STORE WITH GAS AND DIESEL CANOPIES. ALTERATIONS TO SITE INCLUDE CURB CUT ADJUSTMENTS, NEW LANDSCAPING, LIGHTING AND NEW SIGNAGE. SITE PLAN: PURSUANT TO SECTION 179-3-040 RETAIL USE IN A NC ZONE REQUIRES PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF REQUESTED FROM TRAVEL CORRIDOR OVERLAY ZONE REQUIREMENTS. PLANNING BOARD SHALL MAKE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 29-15 WARREN CO. REFERRAL JUNE 2015 LOT SIZE 2.66 ACRES, 0.98 ACRES TAX MAP NO. 266.3-1-78, 79 SECTION 179-3-040 ZACH MONROE, REPRESENTING APPLICANT, PRESENT MR. MONROE-Zach Monroe from Winchip Engineering. MRS. MOORE-So the applicant proposes to remove the existing fuel, there's a building there. He's proposing to remove that and construct a new 6,126 sq. ft. convenience store with gas islands and diesel canopy. Alterations to the site include curb cut adjustments, new landscaping, lighting and new signage. In reference to the variance required, it is only for the one canopy off of 149. A canopy is to be 42 feet from the property line where a 75 foot travel corridor is required, and if you notice, some of your Staff Notes say Bay Road. That's obviously incorrect. It's just Ridge and 149. MR. HUNSINGER-Yes, I thought maybe the roads moved, just for this project. MRS. MOORE-So, yes. MR. HUNSINGER-Good evening. MR. MONROE-Good evening. Zach Monroe, Winchip Engineering. I think Laura pretty well summed up the project, but I'll go through it a little more. Yes, the proposal is to demolish the existing building, clear the site, construct a new 90 by 60 convenience store with an eight foot covered porch in the front. Within the convenience store there'll also be a Dunkin Donuts and another food establishment, Subway or something similar to that. There will be a drive thru window for the Dunkin Donuts. The proposal also calls for a 114 by 26 foot gas canopy which will have eight fueling stations, also a 62 by 26 foot diesel canopy with eight fueling stations. The gas canopy is proposed at 42 and a half feet from the right of way of 149. The requirement in that zone, because it's a travel corridor, is 75 feet. So we will be asking for a 32 and a half foot variance there. Any questions? MR. SCHONEWOLF-Are you combining two lots? MR. MONROE-Yes. MR. SCHONEWOLF-Okay. The back lot was a separate lot, right? MR. MONROE-It's actually, if you're standing on 149, they were split side to side that way. MR. SCHONEWOLF-Yes, that's what I mean. I'll tell you, it would clean up that corner so mu9ch I won't recognize it. TABASSUM "TOBY" SHEIKH MR. SHEIKH-It will actually. MR. MAGOWAN-Toby, I'm heartbroken. It won't be the same. But I definitely agree that that will really dress up the corner, and I'm happy to see you're doing that, and I also saw a SUNCO sign there. MR. SHEIKH-Yes, it will be a SUNOCO gas station with Dunkin Donuts, and I'm trying to get a food corner working with Subway and Little Caesar's Pizza actually. So hopefully one of the two will come in, and the way we are asking for the variance, actually the size of the lot it's not 8 (Queensbury Planning Board 06/16/2015) deep enough. If we put the canopy further away there's not enough room for the underground tank and stuff. So that's why we are asking. It's only minimum to moderate, 32.5, and actually next door gas station actually their canopy is only 10 feet maybe 15 feet from the right of way. So mine is already like 42.5 feet. MR. FORD-Will there be any liquid propane gas on site? MR. MONROE-Yes. MR. SHEIKH-Yes. We have right next to the right side of the building from 149 we have a propane re-fuel station, which is according to the Code keep it far enough, and then it will be underground tank. MR. SCHONEWOLF-So you got rid of Getty. MR. SHEIKH-Yes. Getty is down actually. They are selling all their stations and I bought this one, because I've been there for the last 20 years, plus it's a very good corner. I think it will boost up the traffic and it will clear up the corner, too, again, and it will look nice, and more businesses maybe will come, too. MR. SCHONEWOLF-The new gas pumps, it won't look the same. MR. SHEIKH-Yes, and they're also, I'm giving them more products, because right now nobody has the diesel over there. So I will have diesel. I will have kerosene also, and there is a demand for non-ethanol gas, and I'm putting that in, too, as well. So the whole lot is 3.5 acres and I'm using only an acre and a half. The rest will be, in the future I will make maybe a strip mall. It will still have a 32,000 sq. ft. construction. I can do more, but right now money issues. MR. HUNSINGER-So a few years ago we approved a site plan to re-build this site. Were you involved with that project? Did you find that in the file? MR. MAGOWAN-It wasn't Stewarts was it? No, you know what, that was the other corner. MRS. MOORE-1 think it was the other corner. MR. HUNSINGER-No, it was this corner. MR. MAGOWAN-Are you sure? Dale Baldwin's on the opposite, across from Stewarts. MR. HUNSINGER-Maybe not. MR. SCHONEWOLF-The restaurant. MR. MAGOWAN-Yes. The restaurant. MR. SCHONEWOLF-That was the Adirondack. MR. MAGOWAN-The Dale Baldwin property. Well, I think there was going to be a gas station in there, in that, too, but it wouldn't be Toby. No, it was on the Adirondack, across the street from Stewarts. MR. HUNSINGER-You answered one of my questions, which was how does your variance request compare to Stewarts across the street. I did have a couple of site plan comments that really aren't relative to the variance request, and one is the lighting plan. I mean, you did submit one, but I couldn't read it. We got a lot of positive feedback from Stewarts across the street. So, you know, my comment is to make it no brighter than Stewarts, and I don't know how yours compares to theirs, but I know we have the Stewarts plan on file so you can compare that. MR. MAGOWAN-Are they LED's? MR. HUNSINGER-Yes. Yes, it's all new LED's. That was one of the first sort of lower impact lighting plans that we approved. MR. SHEIKH-1 believe I submitted this lighting plan. MR. HUNSINGER-Yes, I just couldn't read. MR. SHEIKH-1 have one you can see better. 9 (Queensbury Planning Board 06/16/2015) MR. HUNSINGER-Okay. MR. SHEIKH-Which I submitted today. So if you want. MR. HUNSINGER-I mean, I tried to get a magnifying glass. MR. SHEIKH-No, this is more like you can read it. MR. HUNSINGER-Yes, that one you can read, even without glasses. I like this one. MR. SHEIKH-Yes. MR. HUNSINGER-Okay. MR. MAGOWAN-Toby, you only made one copy? MR. HUNSINGER-Yes. MR. DEEB-Toby, you have a drive thru restaurant, right? MR. SHEIKH-Yes. MR. DEEB-Are they going to serve food inside? MR. SHEIKH-There is an inside counter, also they have a drive thru. MR. DEEB-Do you know what the seating is going to be in the Dunkin Donuts? MR. SHEIKH-We have at least 20 sitting tables which is five sitting tables, each has four sitting inside, and also I have outside covered porch. So we have a sitting arrangement outside, too. MR. DEEB-And what about the Subway? MR. SHEIKH-Subway, they have the same, you know, the seating. MR. MONROE-The seating would be shared, shared seating. MR. DEEB-So it's like the one at Exit 19? MR. MONROE-Yes. MR. DEEB-Okay. Same principal. MR. SHEIKH-Yes. Actually Exit 19 is the example of my store, but the gas station part of it, mine is bigger a lot. MR. DEEB-Yes, you're going to sell. MR. SCHONEWOLF-You don't have any trouble with that 20 foot, how he changed that 20 foot driveway coming in, do you? There was a note on that that I first read, I guess one of your original plans you didn't have it quite wide enough, and you widened it out to 20 feet, and you said you were going to make them one way. MR. MONROE-Out back? MR. SCHONEWOLF-Yes. MR. MONROE-Yes, we have a 24 foot width out there, beyond the drive thru. MR. SCHONEWOLF-Okay. I thought it was 24 foot back there but there was 20 feet coming in off the road. No? MR. MONROE-No, I think my opening coming off the road is like 57 feet wide. MR. HUNSINGER-Yes, it's pretty wide. MR. MONROE-Yes. MR. HUNSINGER-It's four lanes. 10 (Queensbury Planning Board 06/16/2015) MR. MONROE-Yes. It's really two or three I mean, I made it wider because that's primarily going to be where tractor trailers are going to come through. MR. SCHONEWOLF-There was something in here about 20 feet. I think maybe Laura's notes. Anyway 20 foot is compliant. MR. MONROE-Yes. There's a part from, between the back of the diesel canopy and the back of the property line it's about 20.3 feet off that line. Maybe that's what you're thinking. So it's only about 16 feet wide back there, but really that's all they come around behind the canopy and get through there, but that's going to be you primary route. MR. SCHONEWOLF-You're going to have a new gas pump? MR. SHEIKH-Yes, it will be all new. MR. FERONE-Are you re-using tanks that are going to be in the ground now? MR. MONROE-No. They're all new tanks. MR. SHEIKH-It will be all new tanks. Whatever the existing tanks were, and they already took it out, but they didn't do the contamination removal. I just spoke with the DEC inspector this morning actually. They've got a plan to do it this month of June, but he said Getty sent him the information and it will be happening in July. So they're going to come down and dig out all the contamination and haul it away. So that's what they're working on. MR. FORD-Will you be using the same LPG tanks? MR. SHEIKH-No, mine is a different area and then also, this is above ground. All my tanks will be underground. MR. MONROE-They'll be new tanks, too. MR. FORD-New tanks. MR. SHEIKH-New tanks. MR. TRAVER-You say you're going to have non-ethanol fuel? MR. SHEIKH-Yes. MR. TRAVER-Right across the street from the main snowmobile system. You should do some business there, I think. MR. SHEIKH-Yes, it is increasing because ethanol is very, not good for the small engines, and that's why it's coming back right now, but they are just making like a premium gas which is the 91 octane and above. So that's all they can use, and they can use it in the small engines. It's coming back in the area again. MR. SCHONEWOLF-One of your competitors has it up the street, the Country Store. Stewarts has it. MR. SHEIKH-No, Stewarts doesn't have it. MR. HUNSINGER-That Stewarts doesn't. MR. SHEIKH-Yes, that Stewarts doesn't because it's a brand new. The non-ethanol, they don't have that and they don't carry it, and all other Stewarts where they have non-ethanol gas, that's where they can go. So they won't have it. SUNOCO does not. MR. HUNSINGER-You gave us these nice elevation drawings, but you didn't give us any color schemes. Do you know what the color's going to be? MR. SHEIKH-The colors basically, actually the building color will be off white, and the canopy is a Navy Blue color, just like the SUNOCO sign. Then gray, we have light poles that will be gray. MR. HUNSINGER-Who's doing the solar panels for you? MR. SHEIKH-1 called, but they don't call back. So hopefully I will get somebody on the phone. They're all moving parts, but hopefully they'll come together. 11 (Queensbury Planning Board 06/16/2015) MR. HUNSINGER-Other questions, comments from the Board? Any concerns specific to the variance request? MR. TRAVER-1 don't think so. MR. HUNSINGER-Staff comments? MRS. MOORE-No. MR. HUNSINGER-There is a draft resolution in your packets. Would anyone like to move it? RESOLUTION RE: ZBA RECOMMENDATION RE: AV#29-2015 SHEIKH The applicant has submitted an application for the following: Applicant proposes to demolish a 261 sq. ft. existing building w/gas facility to construct a new 6,120 sq. ft. convenience store with gas and diesel canopies. Alterations to site include curb cut adjustment, new landscaping, lighting and new signage. Site Plan: Pursuant to Section 179-3-040 Retail use in a NC zone requires Planning Board review and approval. Variance: Relief requested from Travel Corridor Overlay zone requirements. Planning Board shall make a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 29-2015 TABASSUM "TOBY" SHEIKH, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: The Planning Board based on a limited review has not identified any significant adverse impacts that cannot be mitigated with the current project proposal. Duly adopted this 16th day of June, 2015, by the following vote: AYES: Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. MONROE-Thank you. MR. HUNSINGER-Thank you. Our next project is also a recommendation to the Zoning Board of Appeals. SITE PLAN NO. 38-2015 SEAR TYPE UNLISTED ED & ED T. ENTERPRISES, LLC AGENT(S) HUTCHINS ENGINEERING OWNER(S) SAME AS APPLICANT & 1468 STATE ROUTE 9, LLC ZONING CI LOCATION 1476 STATE ROUTE 9, 1468 STATE ROUTE 9 APPLICANT PROPOSES PARKING EXPANSION OF 71 SPACES TO THE EXISTING LOG JAM OUTLET CENTER. SITE PLAN: PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE MODIFICATION TO AN EXISTING APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF REQUESTED FROM PERMEABILITY REQUIREMENTS OF THE CI ZONE. PLANNING BOARD SHALL MAKE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 33-15 WARREN CO. REFERRAL JUNE 2015 LOT SIZE 4.56 ACRES, 11.27 ACRES TAX MAP NO. 288.12-1-17, 19 SECTION 179-3-040 TOM HUTCHINS, REPRESENTING APPLICANT, PRESENT MRS. MOORE-This is for the Log Jam Outlets. The parking is to be expanded to 71 spaces. The applicant proposes to install 22,310 sq. ft. of new parking. This will be located to the rear of the buildings. The application includes nine light poles and eight drywells, and the back of the building will include three new wall packs. There will be landscaping on the edge of the parking 12 (Queensbury Planning Board 06/16/2015) lot, eastern white pine, white spruce and eastern hemlock, and the request for the variance is required is 30% permeable, the Commercial Intensive zone requires 30% and the applicant proposes 23.9. MR. HUNSINGER-Thank you. Good evening. MR. HUTCHINS-Good evening. Tom Hutchins, Hutchins Engineering here on behalf of Ed & Ed T. Enterprises, and this is the Log Jam Outlet Center. They've been in a situation for a while where they could really use some more parking. According to the Code, they should have 250 spaces. They actually have 139 spaces, and this proposal allows us to add 71 spaces in essentially the only area, I mean, you look at the parcel, there's really only one area to be able to place a significant amount of parking. This would be predominantly employee parking. It will be to the rear. It will be difficult to see from the road. It won't be a visible thing. There will be lighting back there because it's employee parking. We're requesting relief from permeability from 30% to 23.9, and I'd turn it over for questions. MR. HUNSINGER-Okay. Questions comments from the Board? MR. FORD-Why the differential in permeability? MR. HUTCH INS-Because we're limited by the constraints of the site, and in order to add some parking we need to reduce, we'd be reducing the permeability, and in reducing the permeability were going to go from over 30 to under 30 which would require a variance. MR. SCHONEWOLF-You have a significant safety problem the way they jam cars in there, and then with that building behind you, or to the side of you, you have to do this. He really does. He's got to do something to have more parking. MR. HUTCHINS-Well, yes, he needs more parking. It will be interconnected with the facility to the south which is under construction. There will be vehicular connect access in the rear. MR. SCHONEWOLF-That's good. MR. HUTCHINS-And in order to add parking on this site, that's really the area that's available. We looked at a number of options, and depending upon how many spaces you've got, you disturb more, get more spaces, and we're comfortable that this number will certainly help in the problem and be workable. MR. SCHONEWOLF-You can only go so far back, too. MR. HUTCHINS-We can only go so far back. It's steep back there. It's going to require fill. MR. FERONE-That's what's going to happen, you're going to fill that steep? MR. HUTCHINS-We're going to fill a portion of that, yes. A portion of it has been filled, and we're going to fill a portion of that, push it back somewhat, not the entire area. There is an access way that Boats By George has a storage area down there, and we can't encroach on that access. That does go across this parcel but it's a righted access. So we're not going to go through that, but we're just filling in the triangular area there. It'll actually blend up to the site to the south, and the owners of the site to the south have seen the application and our owners have been coordinating as best we can. MR. FERONE-Stormwater, is that a concern? You just made a comment. I was there today in the midst of the heaviest rain. Everything was just coming off of that roof and running down that driveway that runs behind the stores. MR. HUTCHINS-Yes, there's a storm sewer there. There are structures along that drive to the south of our building, and there's a pipe that comes out and open ends. MR. FERONE-I know there was one towards Route 9 which didn't seem it was taking a lot of water, and most of it just seemed to be running down the driveway to the back, and I'm just wondering. MR. HUTCHINS-We've got a network of drywells in there and we will be picking up that pipe. I don't know if you saw the actual discharge, but it runs pretty good in an intense storm event. In a severe storm it would have been running pretty good. We're going to pick all that up and treat it within the system and drywells that will also serve this parking lot. That's why there's so many of them. There's nine, I believe, and it looks like they're all over, but that picks up a considerable portion of the roof runoff as well as from that access drive. 13 (Queensbury Planning Board 06/16/2015) MR. FORD-Permeable pavement has been considered? MR. HUTCHINS-We talked about it, and the disadvantage there is it doesn't allow us to be able to pick up that existing drainage that's coming down. I mean, there's a discharge pipe up there, and with drywells, we're infiltrating it and we're able to pick up that existing drainage and treat that as well, where with permeable pavement that wouldn't be as easy of a solution. Yes, we talked about it, but at this point we're proposing the drywells because we can combine that. MR. FORD-It's a question I continue to raise because I'm concerned that we're blacktopping some of the areas, and there are too many of them, I believe, that, where permeable surfaces could be used instead of traditional blacktop. MR. SCHONEWOLF-Yes, some of them. That water eventually ends where, underneath 149 and over to that water on the other side? Where does the excess water go? MR. HUTCH INS-There's a discharge pipe, there's a drainage channel that runs pretty much due east until there's a, just about to our property line there's a culvert that goes to the, that runs to the north underneath the Boats By George access road, and then it open channels around their storage area and down toward the bike path and ultimately the brook that's on the other side of the bike path. MR. SCHONEWOLF-I've never seen that. MR. HUTCHINS-No, but within our site it runs significantly. MR. SCHONEWOLF-I know. MR. HUTCHINS-We are going to have a drastic reduction on the structure. There will be an overflow for ultimate high intensity rainfalls, but we're going to have a significant reduction in discharge from that area. MR. SCHONEWOLF-Push the snow right back there and let it melt? MR. HUTCH INS-Probably, yes. MR. FORD-Let me go back to the previous question I asked. Is the main deterrent in this case, and I've got to focus on just this one, the cost of a different type of pavement? MR. HUTCHINS-For a permeable asphalt? And we've considered it on a number of projects. It is, it's more expensive primarily because of the sections you need to build it, because you need to put storage underneath it in terms of stone, the section of asphalt needs to be thicker. The big concern is how well does it hold up? MR. SCHONEWOLF-That's right. MR. HUTCHINS-And to make asphalt permeable you take out some of the fine aggregate and you use less liquid asphalt. So you've got bigger aggregate and you've got less glue, and particularly with turning movements, it can tend to, the big aggregate can come out and when that happens, you can't just re-seal it. MR. FORD-But for employee parking this would perhaps be an ideal time to use it, as compared to the turnover customers. MR. HUTCHINS-Okay. MR. SCHONEWOLF-Where I've heard they've had problems with it when you put it on a road. Because especially heavy trucks keep going through it and do exactly what you said. They push the blacktop through and then the thing crumbles and breaks. Of course you get a little bit of it on the road in the winter, too. MR. MAGOWAN-Well, go over to Hudson Headwaters on Corinth Road and check out their parking lot. I was amazed of how much stone was on top just because of the turning. You're actually better on a road, without heavy traffic because you're straight, but once you start turning, I was just amazed at how much, because now you've got bigger pits of holes, which the sand sits in more and, you know, not that, I'm all for it, but I think they have to work on the, it's coming along, right. 14 (Queensbury Planning Board 06/16/2015) MR. HUTCHINS-Well, I think it's coming along, it's enhancing, and the asphalt producers are considering it now and they're coming up with pretty decent mixes for permeability. MR. DEEB-So hopefully out of necessity they'll improve the permeable paving so that it can be used a lot more in the future, and there won't be so much hesitation to use it now, but the quality of it now is a deterrent to using it, and it's very costly to have to repair it. MR. HUTCHINS-Well, yes. MR. DEEB-That's the thing. MR. HUTCHINS-That's the thing. MR. DEEB-Regular pavement will hold up a lot longer. So it's got to be a balancing act. MR. HUTCHINS-And again, we're infiltrating everything, except for the most intense storm events, we're infiltrating, and we're able to treat some of that existing runoff that would be a little more of a challenge. MR. DEEB-Well, yes, you've mitigating it, but. MR. MAGOWAN-Well, I'd say you're making an effort to try. MR. FORD-1 appreciate that. MR. FORD-We'll have a discussion. MR. SCHONEWOLF-It'll get there. MR. MAGOWAN-1 hope it's soon. MR. HUNSINGER-You were talking about the Hudson Headwaters parking lot. I was there a couple of years ago in the pouring rain, and you step out onto the parking lot, and it was dry. MR. MAGOWAN-Right, and it was dry. Well, it's true. MR. HUNSINGER-No puddles at all, but like I said, that was a couple of years ago. Any other questions, comments or concerns? We do have a draft resolution in our packets if anyone would like to put forward a resolution. RESOLUTION RE: ZBA RECOMMENDATION RE: AV # 33-2015 ED & ED T. ENTERPRISES The applicant has submitted an application for the following: Applicant proposes parking expansion of 71 spaces to the existing Log Jam Outlet Center. Site Plan: Pursuant to Chapter 179-3-040 of the Zoning Ordinance modification to an existing approved site plan shall be subject to Planning Board review and approval. Variance: Relief requested from permeability requirements of the Cl zone. Planning Board shall make a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 33-2015 ED & ED T. ENTERPRISES, LLC, Introduced by Paul Schonewolf who moved for its adoption, seconded by Thomas Ford: The Planning Board based on a limited review has not identified any significant adverse impacts that cannot be mitigated with the current project proposal. Duly adopted this 16th day of June, 2015, by the following vote: 15 (Queensbury Planning Board 06/16/2015) AYES: Mr. Schonewolf, Mr. Deeb, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. The next project is also a Recommendation to the Zoning Board of Appeals. SITE PLAN NO. 39-2015 SEAR TYPE UNLISTED CONCORD POOLS, INC. & UNITED PARCEL SERVICE AGENT(S) NACE ENGINEERING OWNER(S) CONCORD POOLS, INC., BT-NEWYO, LLC, 60 BIG BOOM, LLC, GIAVANONE REAL ESTATE PARTNERS ZONING CLI LOCATION 60 BIG BOOM ROAD APPLICANT PROPOSES TO REUSE AN EXISTING 2,400 SQ. FT. BUILDING TO OPERATE A POOL DISPLAY, SALES AND STORAGE FACILITY. DISPLAY SPACE IS +/- 25,000 SQ. FT IN THREE AREAS - NORTH, SOUTH AND ALONG PROPERTY AT NORTHWAY. PROJECT INCLUDES FRONT OF BUILDING POOL INSTALLATION. SITE WILL BE FENCED IN ON ALL THREE SIDES WITH A FENCE AT PARKING AREA. PROJECT INCLUDES GRADING ON UPS PARCEL, PROPERTY SOUTH ALSO INCLUDED FOR SHARED DRIVEWAY. SITE PLAN: PURSUANT TO CHAPTER 179-3-040 NEW RETAIL USE - POOL AND SALES DISPLAY IN A CLI ZONE REQUIRES PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF REQUESTED FROM POOL LOCATED IN FRONT YARD AND ROAD FRONTAGE REQUIREMENTS. PLANNING BOARD SHALL MAKE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 28-15, SP 69-11 WARREN CO. REFERRAL JUNE 2015 LOT SIZE 1.93 ACRES, 2.43 ACRES, 2.53 ACRES TAX MAP NO. 309.17-1-24, 309.14-1-1, 309.17-1-23.21 SECTION 179-3-040 TOM NACE, REPRESENTING APPLICANT, PRESENT; MIKE GIAVANONE, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. The applicant proposes to re-use an existing 2,400 sq. ft. building to operate a pool display, sales and storage facility. The display space is 25,000 sq. ft. in three areas north, south and along the property of the Northway. In reference to the variance request, the one is for placing a pool in the front yard. The other is for a site not having direct access onto the public road, and then the third is to install the new stair entranceway which requires a front setback relief. MR. HUNSINGER-Okay. Good evening. MR. NACE-Good evening. For the record, Tom Nace of Nace Engineering and Mike Giavanone, the owner of Concord Pools, and Mike also owns the adjacent site to the south, the one under construction now, with permeable pavement. MR. FORD-That is appreciated. MR. NACE-For Boat N RV Storage. What Mike is proposing now is to take the property to the north where there used to be an old truck shop, convert that building into a pool, swimming pool sales building, put a display pool out in front with plenty of landscaping, fencing, and use the rear of the lot for storage of fiberglass, these are all fiberglass pool units, rigid storage units, and the back of the lot would all be used for storage for those. We're asking for three variances. One for, we want to take the existing entrance which is the existing driveway, which is directly off Big Boom Road, and swing it around so it comes off of the entrance road for the Boat N RV site. So we're combining, we're getting rid of a driveway, but it goes against the Code. The second variance is for having the pool in the front yard. This is not the normal residential swimming pool application where it's required to be in the rear yard. It's a display. It's part of the sales, part of the business. So we'd like to have in front there where it's visible, and the third variance is for a deck that is, we're taking the entrance to the building now in front and making the main entrance to the south facing the new parking lot and a driveway, and the existing front entrance will become a small deck that we use down to the display pool in front, and that deck is 1.8 feet too close to the property line. So we're asking for a minor variance there. MR. SCHONEWOLF-That's at 50 feet is it? MR. NACE-Fifty feet. MR. SCHONEWOLF-Yes, so you're 1.2 short of it? MR. NACE-Yes, I believe that's correct, but the building exists. The property line exists. We can't make them any smaller. 16 (Queensbury Planning Board 06/16/2015) MR. SCHONEWOLF-I know. MR. DEEB-Make the pool smaller. MR. NACE-It's not the pool. It's the stairs that come down off the existing building to get down to the pool. I don't know, Mike if you want to add anything more. MR. GIAVANONE-The reason that we want to bring the new entrance on the side facing the south is there's really no way we could put a handicap ramp up the front of the building without coming into the middle of the parking lot. The idea of adjoining the common drives is that when you come in the main road that'll lead to Boat N RV Storage, it'll be fenced. It'll be a coated fence. The traffic that would be going into the pool store would not be able to enter, you know, the facility. They would go to the right. We felt it's much safer and I think more green space with one curb cut versus two that are approximate to each other. I think it's a big safety issue. We're going to have a distribution center there for one piece fiberglass pools manufactured by Viking Pools. They're the largest pool manufacturer in the world. They're owned by Latham International who is my manufacturer down in Latham, and we would like to have a first class, obviously, display pool in the front. Now it's very important, if you've ever seen that building, the reason we want to put it in the front is obviously for traffic and for just the exposure, but safety's also a huge issue. Now what we're going to have there is we're going to have, we're proposing to have there is a pool fence, which will be a simulated wrought iron on stone columns. We will have a small display pool, approximately 14 by 28, with an auto cover. Now what an auto cover does, an auto cover covers a swimming pool and the entire Board could stand on that cover. You've seen them advertised with elephants on them, so on and so forth. It's an auto cover that is controlled electronically. It also sends notices to your smart phone or your tablet if there's any movement of it, so on and so forth. So this is not, by any means, a pool that's going to be left open after hours, even though it is legally fenced. It is going to be videoed 24/7, and well lit out front. So it's going to not only be a display pool, but we're trying to show the average consumer how to build a safe pool. As far as the parking lot goes, we're going to re-pave the, we're proposing to re-pave the parking lot and just make that whole building flow a little bit better. MR. HUNSINGER-Thank you. Questions, comments from the Board? MR. FORD-The re-paving is permeable? No? MR. NACE-No, there's existing pavement there that we're going to leave. We're going to mill the bad sections of it and pave over top of it, put a new top. MR. GIAVANONE-There'll actually be less pavement when we're done than. MR. SCHONEWOLF-You're removing some of the pavement. MR. NACE-Yes, we are removing some of it. MR. GIAVANONE-And what we're proposing to do in the rear with where we border UPS, when we did our grading, it created basically the need for a wall, small wall, but nevertheless a wall. So I contacted the owners to UPS who, they are in dire straits for parking over there. They have a lot of parking shortage over there. If we grade that down, it solves not only their problem, but it eliminates the need for a wall, and creates the increased green space. It allows us to increase the green space without putting anymore hard scape in. MR. SCHONEWOLF-So you're going to grind it down flush to theirs. MR. NACE-We're going to grade out from the edge of the pavement, gradually down to our site, rather than have a mound. MR. DEEB-I like the idea of one ingress and egress. That's a good safety feature. I think that's much better than the confusion with two exits and entrances. MR. NACE-Yes, the driveways would be fairly close together with both of them. MR. GIAVANONE-Which one are you talking about? MR. NACE-The main driveway on Big Boom. 17 (Queensbury Planning Board 06/16/2015) MR. FERONE-And the other thing I just wanted to say is I appreciate your going through the whole issue of the security of the pool. That was something I was going to bring up, and you thought of it already, that it was going to be covered and no one could get in there. MR. DEEB-And no public swimming in your pool. You're not charging to get in. MR. MAGOWAN-You crashed my night parties. I can see it right now. MR. HUNSINGER-You can tell we were all thinking the same thing. MR. MAGOWAN-Didn't you come in a few years or so ago and propose putting in a building? MR. DEEB-A few months ago. MR. GIAVANONE-It's sort of evolved. We had Boat N RV going up front on the three parcels, and when this building became available and already built, obviously, we moved Boat N RV back to towards the Northway and felt it was just a smarter move to move into the existing building and move Boat N RV back, and that left us with a future lot, which has the frontage on Big Boom Road. Basically we're on the Northway and any exposure that we can get, as any other business, in a tasteful manner, would help. So that's why we sort of stopped in our tracks. MR. MAGOWAN-Well, I really like the improvements to the lot. You've gotten it cleaned up. MR. GIAVANONE-Yes, it's coming out well. MR. MAGOWAN-Put a little fire under Don's but th4ere to get things rolling, and I think it's going to look great over there. MR. NACE-Go back some time and look at the old aerial photographs from five, six years ago, just a sea of trailer beds. MR. FORD-The improvement is very visible. MR. DEEB-I commend you on your meticulousness and how thorough you are. MR. FORD-The quality of this project seems to be the hallmark of your presentations before us. The concern and consideration to doing it right and having a rationale for whatever you do is appreciated. I mean, I don't always agree with the type of pavement used, but at least I appreciate the consideration. MR. MAGOWAN-And I also like the idea of a shared driveway, since, one, it's not going to be used all the time, but it gives it the access, which I think it's going to look sharp and like I said, the whole project, your whole proposed project, really the improved parking, looks great. MR. HUNSINGER-So are there any concerns from the Board on the specific variance requests for the nature of the variances? MR. FERONE-No. MR. FORD-1 don't have any. MR. HUNSINGER-Are there any site plan issue that you want to bring up to alert him to so when he comes back for Site Plan Review? I really appreciate the landscaping plan, especially around the front of the building. Okay. RESOLUTION RE: ZBA RECOMMENDATION RE: AV#28-2015 CONCORD POOLS, INC. The applicant has submitted an application for the following: Applicant proposes to reuse an existing 2,400 sq. ft. building to operate a pool display, sales and storage facility. Display space is +/- 25,000 sq. ft. in three areas - north, south and along property at Northway. Project includes front of building pool installation. Site will be fenced in on all three sides with a fence at parking area. Project includes grading on UPS parcel, property south also included for shared driveway. Site Plan: Pursuant to Chapter 179-3-040 new retail use- Pool and sales display in a CLI zone requires Planning Board review and approval. Variance: Relief requested from pool located in front yard and road frontage requirements. Planning Board shall make a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; 18 (Queensbury Planning Board 06/16/2015) The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 28-2015 CONCORD POOLS, INC. & UNITED PARCEL SERVICE, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: The Planning Board based on a limited review has not identified any significant adverse impacts that cannot be mitigated with the current project proposal. Duly adopted this 16th day of June, 2015, by the following vote: AYES: Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Hunsinger NOES: NONE MR. NACE-Thank you. MR. HUNSINGER-You're all set. Good luck. Thank you. We have three projects under New Business. NEW BUSINESS: SITE PLAN NO. 32-2015 SEAR TYPE TYPE II CINDY TROMBLEY AGENT(S) LESTER CHASE, III OWNER(S) J & D MARINA, LLC ZONING NC LOCATION 1212 BAY ROAD APPLICANT PROPOSES TO REUSE AN EXISTING 1,629 SQ. FT. BUILDING TO OPERATE A DOG GROOMING/RETAIL BUSINESS. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE RETAIL AND DOG GROOMING IN AN NC ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 6-10, AV 5- 10, SP 51-01 WARREN CO. REFERRAL JUNE 2015 LOT SIZE 6.89 ACRES TAX MAP NO. 279.-1-63 SECTION 179-3-040 CINDY TROMBLEY, PRESENT MRS. MOORE-The applicant proposes to re-use an existing 1,029 sq. ft. building to operate a retail business and dog grooming service. The applicant proposes to utilize the five parking spaces adjacent to the building and then four additional spaces from the J.D. Marina boat building. I do have an agreement in the package that indicates that they can use the parking on that particular business. These two buildings are actually located on the same lot, and the applicant has indicated that the signage will be re-located from the adjacent site or kitty corner across the street to this site. That's all I have. MR. HUNSINGER-Okay. Good evening. MRS. TROMBLEY-Hi. Cindy Trombley. My husband Michael Trombley. MR. HUNSINGER-Do you want to tell us about your project? MRS. TROMBLEY-I'm just looking to re-locate to a larger facility, better usable space. MR. HUNSINGER-Okay. Questions, comments from the Board? MR. MAGOWAN-I'm happy to see that business is booming and you need a larger space now. That's excellent. MR. FERONE-The parking you're going to share possibly. So there's kind of like a thin little piece of grass between the driveway and your parking lot. Are they going to fill that in or how is that going to work? MRS. TROMBLEY-1 think there's existing gravel. MICHAEL TROMBLEY MR. TROMBLEY-Around the back it connects. 19 (Queensbury Planning Board 06/16/2015) MR. FERONE-So it's connected MRS. TROMBLEY-Yes, it's all connected. MR. FERONE-Okay. MR. HUNSINGER-Other questions? MR. MAGOWAN-You have a phenomenal landlord, very good man, a little quiet, but he's a good man. MR. HUNSINGER-Okay. Well, if there's no other questions or comments from the Board, we do have a public hearing scheduled this evening. Is there anyone in the audience who wishes to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-Any written comments, Laura? MRS. MOORE-There are no written comments. MR. HUNSINGER-Okay. I will open the public hearing and let the record show no comments were received. We'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type II SEAR, so no further SEAR review is necessary, and unless there's any other questions or comments, I'll entertain a motion for approval. RESOLUTION APPROVING SP # 32-2015 CINDY TROMBLEY The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Applicant proposes to reuse an existing 1,629 sq. ft. building to operate a dog grooming / retail business. Pursuant to Chapter 179-3-040 of the Zoning Ordinance Retail and Dog Grooming in a NC zone shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 6-16-2015 and continued the public hearing to 6-16-2015 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 6-16-2015; 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 NO. 32-2015 CINDY TROMBLEY, Introduced by Paul Schonewolf who moved for its adoption, seconded by Brad Magowan: As per the draft resolution prepared by Staff conditioned upon adherence to the items outlined in the follow up letter sent with this resolution. Duly adopted this 16th day of June, 2015, by the following vote: AYES: Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MRS. TROMBLEY-Thank you very much. 20 (Queensbury Planning Board 06/16/2015) MR. HUNSINGER-Thank you. SITE PLAN NO. 34-2015 SEAR TYPE TYPE II JARED HOLYCROSS OWNER(S) SUTTON PROPERTIES, LLC ZONING CM LOCATION 1066 STATE ROUTE 9 APPLICANT PROPOSES A SEASONAL PRODUCE STAND. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE PRODUCE STAND IN A CM ZONE SHALL REQUIRE PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE MANY WARREN CO. REFERRAL JUNE 2015 LOT SIZE 2.92 ACRES (PORTION) TAX MAP NO. 296.9-1-10.12 SECTION 179-3-040 JERED HOLYCROSS, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. The applicant proposes to locate a 120 sq. ft. produce stand at the back corner of the store building. The stand is about 160 feet from the property line. The parking spaces adjacent to the space would be available to the produce stand and additional handicap spaces would be re-located to the brick patio area for a total of three to be available for the produce stand. The applicant has requested some waivers including lighting, signage, sewer and water, stormwater, landscaping, land use boundaries and snow removal, soil logs, etc. That's all I have. MR. HUNSINGER-Okay. Thank you. Good evening. Jered Holycross. We're just proposing a seasonal produce stand. It's a temporary structure. I can remove it every fall. We just want to support local farms, bring in some business and I think it'll be good for the community as far as the locals. Everybody can get fresh local produce. We've been working with about five, six different farms, and we have everything set up just pending this review. MR. FORD-Jered, would you change that can to will, relative to the removal? MR. HOLYCROSS-Yes, will. Sorry. MR. TRAVER-Can you talk about the signage that you plan to have? MR. HOLYCROSS-We don't really plan on any signage. I notice Route 9 has kind of become like a strip of Schenectady with all the signs and everything else. I mean, we've put out an A frame sign. That's all we've put out. We might put out another A frame. We're not going to do anything other than that. MR. TRAVER-So an A frame sign? MR. HOLYCROSS-Yes, possibly. MRS. MOORE-It would need to be a compliant sign. MR. HOLYCROSS-It would be. MRS. MOORE-1 apologize for interrupting, but I don't believe an A frame sign, the A frame signs are not, it's something that we'll discuss because certain signs are permittable or temporary signs are allowed and there's produce stand signs that are allowed. So it's something that we would address when the applicant came in with that information. MR. HOLYCROSS-Okay. MR. TRAVER-Thank you. MRS. MOORE-1 apologize, because A frame signs are not allowed, and I just want to clarify that it would have to be a compliant sign. MR. HUNSINGER-So usually when we consider produce stands, don't we usually consider them as a special use permit with a certain term? MR. SCHONEWOLF-Yes. MRS. MOORE-This is under, in this zone it's Site Plan. MR. HUNSINGER-Okay. I just wanted to make sure, because usually we give them so many years. 21 (Queensbury Planning Board 06/16/2015) MRS. MOORE-No, that's an applicant's request. That was his request because he does a leasee for that particular applicant that comes in regularly. So that's his, it's not necessarily a special use permit all the time. MR. HOLYCROSS-If I may interrupt, we're basically just trying to bring the business, I mean, you all know the history. We're just trying to bring our business back to its roots. That's how it started, and I think that would be good for us. MR. HUNSINGER-So in terms of the seasonal nature of it, when would you take it down? MR. HOLYCROSS-October, October 31St. Because I would sell pumpkins. MR. HUNSINGER-So we wouldn't even need to specify that. This is why I was asking these questions to see. MR. HOLYCROSS-1 need to have it gone so they can move the snow. MR. HUNSINGER-Okay. Yes, I certainly have no problem with it. The use of produce stands is something that's actually recommended in the Comprehensive Land Use Plan. It's something that we have generally always supported. I just want to make sure I ask all the administrative logistical questions. MR. HOLYCROSS-Yes, I just want to make sure we're doing everything right. MR. HUNSINGER-Exactly, and I like the design of the building. MR. HOLYCROSS-Yes, I built it. MR. HUNSINGER-Did you really? MR. HOLYCROSS-Yes. MR. HUNSINGER-So are there any other questions or comments from the Board? So you'd have it in the same location each year? MR. HOLYCROSS-We'd have it in the same exact location each year. Right now I just set it up on top of the hill because I need to take pictures. So we'll bring it down and set it up. Take it down and bring it back up, store it then bring it back down the following year. MR. HUNSINGER-Is there any lighting or electricity inside the structure? MR. HOLYCROSS-There's an outlet right next to it so we can power our register, you know, everything like that, but as far as lighting, no, there's no lighting. It's going to be closed at the same time as the store. MR. FORD-How long does it take to assemble or disassemble that structure? MR. HOLYCROSS-1 think it took about a half an hour. Yes, with the bobcat to lift it. It works out. MR. SCHONEWOLF-And you can still use it again next year. MR. HOLYCROSS-Absolutely. It's only two pieces. MR. HUNSINGER-Any other questions from the Board? We do have a public hearing scheduled this evening. Is there anyone in the audience that wishes to comment? PUBLIC HEARING OPENED MR. HUNSINGER-Any written comments, Laura? MRS. MOORE-There were no written comments. MR. HUNSINGER-Let the record show no comments were received. We open the public hearing and close the public hearing. PUBLIC HEARING CLOSED 22 (Queensbury Planning Board 06/16/2015) MR. HUNSINGER-This is a Type II SEAR so no SEAR review is required. Are there any issues with any of the waiver requests? MR. FERONE-Do we need to address the signage issue we just talked about? MR. HUNSINGER-Well, he's aware that it needs to be Code compliant. MR. FORD-We'll specify that. MR. HUNSINGER-Well, he didn't really have a sign. MR. HOLYCROSS-Yes, I'm not really worried about the signage. I mean, northbound traffic will see it. Plus we have our current customers. MR. DEEB-There's plenty of traffic in there. MR. HOLYCROSS-It'll speak for itself. MR. HUNSINGER-Well, if there's no other questions or comments, if anyone would like to put forward a motion. RESOLUTION APPROVING SP # 34-2015 JERED HOLYCROSS The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Applicant proposes a Seasonal Produce Stand. Pursuant to Chapter 179-3-040 of the Zoning Ordinance Produce Stand in a CM zone shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 6-16-2015 and continued the public hearing to 6-16-2015 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 6-16-2015; 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 NO. 34-2015 JERED HOLYCROSS -SUTTON PROPERTIES, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: As per the draft resolution prepared by Staff conditioned upon the following: 1. Note the condition -Signage -the site signage is not changing but the board should request clarification of the produce signage to be compliant 2. Waivers request granted: G -Lighting -no lighting is changing on the site, I -sewer and water -site is connected to town water, J -stormwater no changes are proposed to the site, K -topography -there are no grading or site work proposed, L -landscaping -there is no new plantings proposed, M -Land use boundaries -property is surrounded by Commercial Intensive, Moderate Density Residential and Rural Residential 3 ac, O - new/alterations of construction -no new/alteration construction proposed, Q -soil logs, and S -Snow removal -no change. 3. Adherence to the items outlined in the follow-up letter sent with this resolution Duly adopted this 16th day of June, 2015, by the following vote: AYES: Mr. Ferone, Mr. Traver, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE 23 (Queensbury Planning Board 06/16/2015) MR. HUNSINGER-You're all set. Good luck. MR. HOLYCROSS-Thank you very much. SITE PLAN NO. 37-2015 SEAR TYPE ADIRONDACK FACTORY OUTLET CENTER AGENT(S) BARTLETT PONTIFF STEWART & RHODES OWNER(S) SAME AS APPLICANT ZONING CI LOCATION 1444 STATE ROUTE 9 APPLICANT PROPOSES TO MODIFY THE NORTH END OF THE ADIRONDACK FACTORY OUTLET STORES FAQADE AND ADD 4 TOWER ENTRYWAY FEATURES - THERE WILL BE ONE PEAKED ROOF ENTRYWAY. PROJECT ALSO INCLUDES ANEW PLANTING AREA ALONG NORTH SIDE TO DIRECT PEDESTRIANS TO ENTRYWAY AREA. PURSUANT TO CHAPTER 179-3- 040 AND 179-9-070 OF THE ZONING ORDINANCE ALTERATIONS TO BUILDING OF AN APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 3-09, BP 09-117 WARREN CO. REFERRAL JUNE 2015 LOT SIZE 4.64 ACRES, 2.29 ACRES TAX MAP NO. 288.12-1-22, 23 SECTION 179-3-040, 179-9-070 ETHAN HALL, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant proposes to modify the north end of the Adirondack Factory Outlet Center store's fagade and add four tower entryway features. There will be one peaked roof entry. Project also includes new planting area along the north side to direct pedestrians to the entryway. And the only thing that I suggested as Staff was to provide a color scheme, and actually I apologize. He did provide a photo of the south side and it will be the same on the north side. So that has been addressed. MR. HALL-Good evening. Ethan Hall with Rucinski-Hall Architecture. With me is Dave Kenny and John Wright from Bartlett, Pontiff. Basically what Dave is intending to do here at the Mall is the work that was done on the south side of the Mall, all the fagade changes that were done on the south side, we're just going to mirror it on the north side. That was the intention all along, is that once this side got done and we started looking at the north side of the building we will put the same tower scheme. The updated drawing that I just handed you updates a lot of the stuff that we've been talking with the tenants about. So it's really not a whole lot of change to the plans that we had before. We've just gone into a little bit more depth. The color scheme will be exactly the same as the color scheme that's on the south side of the building. The towers and everything will be exactly the same. Laura, do you have those pictures? MRS. MOORE-1 do. MR. HALL-And I have the set of pictures of what's there now. So the color scheme will be exactly the same. So all the sign boards will be inside those rectangles that are up on the front part of the fagade and on the towers that are up there, just exactly the way they are now. MR. HUNSINGER-Okay. Questions, comments from the Board? MR. FERONE-1 can see why you want to do that work. Your stores on the north side felt like they were second class citizens. I never thought about it before I looked at it today, that's quite a bit of difference. MR. HALL-There really is, and the gutter system that comes along with this fagade, right now the water that comes down off the roof hits those flat roofs and then drips off the front of the building. These facades actually stick up a little bit higher and there's an integral gutter system that goes along, we capture all that roof water, get it into downspouts and get it down into the green space that's provided between the walkway and the parking. So it takes care of a lot of that. When we did the south side, that's exactly what happens. There's a gutter system that runs the full length of it. It picks up all the roof water, gets that down into the ground without it dripping off the edge. MR. FERONE-Well, today it was raining pretty good, but I noticed the gutters right where. MR. HALL-Right where somebody walks in there's little pieces of gutter there sticking there, but other than that it just drops off the side. MR. HUNSINGER-Other questions or comments from the Board? I didn't expect any. We have a public hearing. Are you here for the public hearing? AUDIENCE MEMBER-I'll make a comment. 24 (Queensbury Planning Board 06/16/2015) MR. DEEB-You've got to come to the table. MR. HUNSINGER-You have to come to the microphone. I'll open the public hearing. PUBLIC HEARING OPENED ART BELDEN MR. BELDEN-Hello. My name is Art Belden. I'm an employee of French Mountain Commons Outlet Center. As you can see by the pictures of what Dave and his Staff have done to the south side of the building, it's beautiful. I'm sure they'll do that with the rest of it. They're really adding to our business up there and bringing things up to the next level. I see no reason to go against it. MR. HUNSINGER-Okay. Thank you. Any written comments, Laura? MRS. MOORE-There are no written comments. MR. HUNSINGER-With that, I'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-So this is actually an Unlisted SEAR. Are there any other questions or comments from the Board? This is an Unlisted SEAR so we do have a draft SEAR resolution in our package. MRS. MOORE-Before you go to SEAR, the drawing that I have up on the board is a bit different than the drawing that was handed to you. I just want to clarify, the front view rear building elevation. MR. HALL-On the site plan is if you're sitting on Route 9 looking back at that corner. So that level piece is looking at this end of the building, all the way at the back of the lot. It showed on the other drawing it's just that it didn't represent well because it turned the corner. MRS. MOORE-Right. MR. HALL-It was really hard to pick that up. It showed on the other end, this one down here. Like I said, we changed this tower. This came all the way down and then turned and we flattened it out. So I put a break line in here and just set that off to the other side. MRS. MOORE-So it won't overlap the current vegetation, like there'll be a planting and then the tower. MR. HALL-The tower actually goes right to the edge of the existing planter. MRS. MOORE-Okay. MR. HALL-Which is right on the property line, or right on the property line setback. MRS. MOORE-Thank you. MR. HALL-Well, that's a travel path to get out back and we can't extend out through there any farther, we cut down that traffic in back. MRS. MOORE-Okay. MR. HUNSINGER-Okay. MR. FORD-Thank you for that clarification. MR. HALL-Yes. MR. HUNSINGER-We have a draft SEAR resolution. RESOLUTION GRANTING NEG DECLARATION SP # 37-2015 ADK. FACTORY OUTLET The applicant proposes Applicant proposes to modify the north end of the Adirondack Factory Outlet stores fagade and add 4 tower entryway features - there will be one peaked roof 25 (Queensbury Planning Board 06/16/2015) entryway. Project also includes a new planting area along north side to direct pedestrians to entryway area. Pursuant to Chapter 179-3-040 and 179-9-070 of the Zoning Ordinance Alterations to building of an approved site plan 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 Short EAF has been completed by the applicant; 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 SITE PLAN NO. 37-2015 ADIRONDACK FACTORY OUTLET CENTER, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: Part II has been reviewed and completed. We did not need to do a Part III. Duly adopted this 16th day of June, 2015, by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-And if anyone would like to make a motion. RESOLUTION APPROVING SP # 37-2015 ADIRONDACK FACTORY OUTLET CENTER The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Applicant proposes to modify the north end of the Adirondack Factory Outlet stores fagade and add 4 tower entryway features - there will be one peaked roof entryway. Project also includes a new planting area along north side to direct pedestrians to entryway area. Pursuant to Chapter 179-3-040 and 179-9-070 of the Zoning Ordinance Alterations to building of an approved site plan shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board has reviewed the potential environmental impacts of the project, pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration - Determination of Non-Significance The Planning Board opened a public hearing on the Site plan application on 6-16-2015 and continued the public hearing to 6-16-2015 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 6-16-2015; 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 NO. 37-2015 ADIRONDACK FACTORY OUTLET CENTER, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: 26 (Queensbury Planning Board 06/16/2015) Per the draft provided by staff conditioned upon the following: 1) With all the waivers granted: land use districts, traffic pattern, new construction /alteration, soil logs, location of demolition waste, and snow removal 2) This is for the plan that was submitted this evening. The current plan that was submitted this evening. 3) Adherence to the items outlined in the follow-up letter sent with this resolution Duly adopted this 16th day of June, 2015, by the following vote: MRS. MOORE-Just to clarify, this plan is a bit different than the other one. So verify it's the one that was submitted this evening. MR. HALL-That's the one I'll submit for the file. MR. SCHONEWOLF-The current plan. MR. HALL-Yes, the current plan. MR. MAGOWAN-That was submitted this evening. MRS. MOORE-That's fine. AYES: Mr. Schonewolf, Mr. Deeb, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HALL-Okay. Thank you very much. MR. HUNSINGER-Okay. You're all set. Good luck. Is there any further business to be brought before the Board? Does anyone want to make a motion to adjourn? MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JUNE 16, 2015, Introduced by David Deeb who moved for its adoption, seconded by Thomas Ford: Duly adopted this 16th day of June, 2015, by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Schonewolf, Mr. Deeb, Mr. Ford, Mr. Hunsinger NOES: NONE On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman 27