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07-21-2015 (Queensbury Planning Board 07/21/2015) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING JULY 21, 2015 INDEX Site Plan No. 75-14 McDonald's USA, LLC 1. Tax Map No. 302.6-1-48, 49 Site Plan No. 46-2015 Elizabeth Little Hogan, Trustee 2. ZBA RECOMMENDATION Tax Map No. 289.14-1-14 Site Plan No. 40-2015 1 Main Street Queensbury, LLC 4. Tax Map No. 309.11-2-17 Site Plan No. 41-2015 Ed & Ed Enterprises, LLC 7. Tax Map No. 288.12-1-17 Site Plan No. 42-2015 Kacey Mann 10. Tax Map No. 279.-1-10 Site Plan No. 43-2015 Jonathan DeMarco & Ernest Burnell 12. Special Use Permit No. 44-2015 Tax Map No. 278.-1-21.2, 21.1 Site Plan No. 45-2015 Russ Faden 20. Tax Map No. 288.-1-58 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 07/21/2015) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING JULY 21, 2015 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN STEPHEN TRAVER BRAD MAGOWAN THOMAS FORD DAVID DEEB GEORGE FERONE JAMIE WHITE, ALTERNATE LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. HUNSINGER-Good evening. I'll open the meeting of the Town of Queensbury Planning Board on Tuesday, July 21, 2015. For 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 the items do have a public hearing scheduled this evening. The first item on the agenda is approval of minutes from May 19th and 21St, 2015. Would anyone like to move them? APPROVAL OF MINUTES May 19, 2015 May 21, 2015 MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES OF MAY 19Th & MAY 21ST, 2015, Introduced by Brad Magowan who moved for its adoption, seconded by Thomas Ford: Duly adopted this 21St day of July, 2015, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-The next item is a tabling consideration for McDonald's. TABLED ITEM SP 75-14 MC DONALD'S - FOR FURTHER TABLING CONSIDERATION OR DENY WITHOUT PREJUDICE MR. HUNSINGER-Is there any new information, Laura? MRS. MOORE-There is new information. I've been in contact with the representative for the McDonald's and that is Bohler Engineering with Owen, and he has indicated that McDonald's does wish to move forward. I have information for August that they'll be before the Planning Board as well as the Zoning Board, but they have to go the Zoning Board first because that's who tabled them last, and they provided a little more information to the Zoning Board. The Zoning Board was looking for additional green space, and they've provided a little bit more. I don't know if that'll satisfy the Zoning Board's request. The Zoning Board also asked for information about the arrangement between the two parcels because one is not owned by McDonald's. So they wanted more information about that, and I'm waiting to hear about that, information such as the agreement or how the deed is written, and so I anticipate you seeing them in August. They have made a submission for you to review. MR. HUNSINGER-Okay. So should we table this to the 25th of August or September? MRS. MOORE-You're going to table it to the second meeting in August. MR. HUNSINGER-Which is the 25th. Now do we have enough business for two meetings in August? 2 (Queensbury Planning Board 07/21/2015) MRS. MOORE-Yes. MR. HUNSINGER-Okay. Would anyone like to table this to August 25 th? RESOLUTION TABLING SP # 75-2014 MC DONALD'S USA, LLC MOTION TO TABLE SITE PLAN NO. 75-2014 MC DONALD'S USA, LLC, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: Tabled to the August 25, 2015 Planning Board meeting. Duly adopted this 21St day of July, 2015, by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Ms. White, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-We have one item on the agenda for Recommendation to the Zoning Board of Appeals. PLANNING BOARD RECOMMENDATION TO ZONING BOARD OF APPEALS SITE PLAN NO. 46-2015 SEAR TYPE TYPE II ELIZABETH LITTLE HOGAN, TRUSTEE AGENT(S) MICHAEL J. O'CONNOR OWNER(S) SAME AS ABOVE ZONING WR LOCATION 11 PIONEER POINT SITE PLAN: APPLICANT PROPOSES REBUILDING AN EXISTING 420 SQ. FT. +/- COVERED BOATHOUSE WITH A SUNDECK. THE NEW BOATHOUSE WITH A SUNDECK WILL BE OPEN SIDED AND BE LOCATED IN THE SAME POSITION AND HEIGHT AS THE PREVIOUS ONE. A PORTION OF THE BOATHOUSE WILL BE A REAR 48 SQ. FT. STORAGE CLOSET. THE EXISTING CONCRETE DOCK IS TO REMAIN AS CURRENTLY LOCATED. PURSUANT TO CHAPTER 179-5-060 OF THE ZONING ORDINANCE SITE PLAN REVIEW IS REQUIRED FOR COVERED BOATHOUSE CONSTRUCTION. VARIANCE: RELIEF REQUESTED FROM MINIMUM SETBACK REQUIREMENTS FOR NEW CONSTRUCTION IN THE WR ZONE. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 40-15, BP 15-273 APA, CEA, OTHER GLEN LK. CEA, NWI WETLANDS LOT SIZE 0.21 ACRES TAX MAP NO. 289.14-1-14 SECTION 179-5-060 MICHAEL O'CONNOR, REPRESENTING APPLICANT, PRESENT MRS. MOORE-So the applicant proposes rebuilding an existing 420 square foot covered boathouse with a sundeck. The new boathouse with a sundeck will be open-sided and be located in the same position and height as the previous one. The variance relief requested is from minimum setback requirements for new construction in the Waterfront zone. MR. HUNSINGER-Okay. Good evening. MR. O'CONNOR-Good evening. Mike O'Connor for the applicant. I'd answer any questions you have. Basically it's replacing an existing boathouse that was enclosed with a sundeck that will not be enclosed. It encroaches upon the setback to the property line to the north. That's my property. I have no objections. MR. HUNSINGER-Any questions for the applicant? MR. FERONE-It looks like the dock is going to be the exact same size. MR. O'CONNOR-The wharf portion has not changed at all. All that's been changed is above the wharf. MR. FERONE-Mrs. Little's sister was there. She talked something about additional concrete going out further into the lake, and I wasn't sure what she was talking about. MR. O'CONNOR-Not that I'm aware, but I wasn't aware that my sister was going to tear the thing down either, and she had all the kids come and five out of the six kids with their families and she was afraid that somebody would get hurt because the roof was getting punky. So she decided that she would not have anybody up there by taking it down, which is what she did. She came over and got a demolition permit and talked in general about replacing it, didn't really touch on whether or not she would need a variance if she replaced it, and then came back and told me what she was doing and I said let's get the variance now, but there is no plan that I'm aware of. 3 (Queensbury Planning Board 07/21/2015) MR. FERONE-Thank you. MR. HUNSINGER-Any other questions or concerns from the Board? MR. FORD-Just a concern about materials to be used. I noted that some of it is, particularly on the upper portion, is pressure treated and some of it is calling for pine, unpressured treated. I'm just wondering, in terms of design and the longevity of the structure. MR. O'CONNOR-Most of the super structure will be pressure treated, but with the right chemicals. There is a pressure treated lumber that you can use that is water compatible, and I think, I'm not sure what the pine is, but that may be just the railings, if she doesn't use the same height railing that she has around her deck. Right now she has a plastic railing around her deck, white spindle rails, and she's, I think she's undecided as to what she'll have up there. MR. FORD-1 was just concerned that the pine generally will not hold up as long. MR. O'CONNOR-1 think it'll be just in the railing if it is. It won't be something that somebody will be walking on. MR. FORD-Thank you. MR. HUNSINGER-Are there any specific concerns relative to the variance request? Any other comments or questions from the Board? MR. FORD-Do we want to explore the possibility of additional plantings? MR. HUNSINGER-It's always a question for discussion. MR. O'CONNOR-Across our beach? If you take a look at the picture, the area that is not planted is beach, and one of the few sandy beaches on the lake. Little kids can walk in from the beach right through. The plantings are back, or the lawn is back probably 25 feet from the lake itself. There's that rock wall. MR. MAGOWAN-1 mean, it's not disturbing anything on the land. I think we've talked about this before, you know, you're out on the, basically taking down a, you know, a deck and replacing it with a more secure and updated sundeck, and it's true, there's not too many sandy beaches out there. MR. FORD-I'm not advocating it. It was something that was mentioned in Staff Notes and I thought that it would be appropriate to raise the issue. I'm not advocating it. MR. HUNSINGER-Any other questions or comments? Would anyone like to make a recommendation to the Zoning Board of Appeals? RESOLUTION RE: ZBA RECOMMENDATION RE: AV # 40-2015 ELIZABETH LITTLE HOGAN The applicant has submitted an application for the following: Site Plan: Applicant proposes rebuilding an existing 420 sq. ft. +/- covered boathouse with a sundeck. The new boathouse with a sundeck will be open sided and be located in the same position and height as the previous one. A portion of the boathouse will be a rear 48 sq. ft. storage closet. The existing concrete dock is to remain as currently located. Pursuant to Chapter 179-5-060 of the Zoning Ordinance site plan review is required for covered boathouse construction. Variance: Relief requested from minimum setback requirements for new construction in the WR zone. Planning Board shall provide 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. 40-2015 ELIZABETH LITTLE HOGAN, TRUSTEE, Introduced by Brad Magowan who moved for its adoption, seconded by Thomas Ford: 4 (Queensbury Planning Board 07/21/2015) As per the draft resolution prepared by Staff. 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 21St day of July, 2015, by the following vote: AYES: Mr. Ford, Ms. White, Mr. Deeb, Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Hunsinger NOES: NONE MR. O'CONNOR-Thank you. MR. HUNSINGER-You're welcome. MR. O'CONNOR-I'm disappointed. I thought it was only going to take five minutes. MR. FORD-You will be back. MR. O'CONNOR-1 know I'll be back. MR. HUNSINGER-We have several items under New Business. NEW BUSINESS: SITE PLAN NO. 40-2015 SEAR TYPE TYPE II 1 MAIN STREET QUEENSBURY, LLC AGENT(S) CURTIS DYBAS OWNER(S) SAME AS ABOVE ZONING MS LOCATION 1 MAIN STREET APPLICANT PROPOSES TO ALTER THE PARKING AREA FOR AN EXISTING SITE INCLUDING RELOCATION OF CURB CUT. THE EXISTING SITE HAS 5 PARKING SPACES. THE PROPOSED SITE WILL HAVE 10 PARKING SPACES. APPLICANT PROPOSES TO ADD FILL TO SITE AND GRAVEL FOR 1,917 SQ. FT. NEW PAVED SURFACE. PURSUANT TO CHAPTER 179-9-120 OF THE ZONING ORDINANCE MODIFICATION TO AN APPROVED PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 3-14 WARREN CO. REFERRAL JULY 2015 LOT SIZE 0.34 ACRES TAX MAP NO. 309.11-2-17 SECTION 179-9-120 CURTIS DYBAS, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-This applicant proposes to alter the parking area for an existing site, including relocation of the curb cut. The existing site has five parking spaces. The proposed site will have ten parking spaces. This will include adding fill and gravel. The new area would be 1,917 square feet and the applicant has requested waivers from lighting, stormwater, topography, landscaping, traffic and soil logs, and I would note that it should be noted as an Unlisted, and the applicant did complete a SEAR Short Form. MR. HUNSINGER-Okay. Thank you. Good evening. MR. DYBAS-Good evening. For the record, Curt Dybas representing the Cavayero's. Cavayero's have, this is an odd piece of property. They've been here before for this. It's a very small piece of property on a very visible corner, and there was a left over parcel from when Cavayero's owned the chiropractic business next door, and basically no one wanted it so he has spent an awful lot of money trying to make it a rentable or salable piece of property. He's had a couple of people look at it. Two of the comments that come up, no parking, Number Two, the building's too small. So what he's trying to do is at least increase the parking so that it would be more attractive, and you get two, three employees, you've got two spots leftover. So he asked me to come before you and see if we could get approval for ten parking places. About 1900 square feet of additional gravel, about 100 cubic yards of fill, and the plan is, if approved, to let the gravel settle and then pave it, and the reconfiguration of it, in your plan he also said let's move the curb cut farther to the north and alleviate some of the, there's only about 40 feet to the corner right now. If anybody's waiting to take a right, you can't get out. MR. FORD-It's tight. MR. DYBAS-And this'll help also for the safety of the road. There's not too much you can do with it. We even looked at Luzerne. That doesn't help. So this looks like the best of all evils right here. There will be a couple of added trees to complete the row that's on Western Avenue. There's a beautiful stand of trees to the west of the property that separates from the 5 (Queensbury Planning Board 07/21/2015) CVS parking lot. So they're trying to improve and improve. The building looks, I think the building looks great. MR. MAGOWAN-It really did. It turned out nice. MR. DYBAS-It came out great. It's only about 700 square feet. So, you know, it is small. A two person office would be great, but no one seems to want to bite yet. Any questions from the Board, I'd be happy to address them. MR. HUNSINGER-Questions, comments from the Board? George? MR. FERONE-Well I think you answered one of my questions. You talked about trees, but it looked like there's a tree right where the new curb cut is going to be. That'll be relocated, I would assume? MR. DYBAS-It would probably be a new tree. By the time we try and move them, they usually don't make it. That was one of the two new trees because of the configuration. MR. FERONE-The other concern I just had was just about stormwater, because you're reducing the amount of green space you have there for runoff, if you're going to be paving that area. I'm just wondering, have you had that looked at? MR. DYBAS-The natural, there's a natural low spot in this parcel, and everything drains into that. It's like a big retention basin, including Luzerne Road, in heavy rain. MR. FERONE-And that's the north side? MR. DYBAS-On the north end of the property, of that bowl that's in there. It actually is like a retention basin. I've seen that fill right up with water coming down Luzerne, you know, in heavy thunderstorm, and everything was sloped that way. So we're not even close to, you know, the impermeability threshold for Queensbury with this additional parking. MR. FERONE-Thank you. MR. FORD-What type or size tree do you anticipate? MR. DYBAS-Probably another street, three inch caliper, you know, street tree. Anything beyond that you're into the logistics of building and planning it. Comparable to what's there. I mean, they're not that mature. Laura, you have the picture? They are not that large that's there right now, you know, basically replicate what's there. I think they're still wrapped. MR. FORD-Yes. MR. DEEB-Did you receive your approval or have you been to Glens Falls for your curb cut? MR. DYBAS-No, not as yet. He has not directed me to. That's going to be another interesting endeavor, because, you know, we have a parcel that's in Queensbury but the curb cut's in the City of Glens Falls. So that will be another interesting thing. I'm sure it won't be a problem as long as he's willing to pay for it. MR. MAGOWAN-Well, you know, if you went there first, they'd said, well, we can't make a decision until Queensbury makes a decision, and if you come here, we can't make a decision until they make a decision, but I'm not saying that we can't make the decision. MR. DYBAS-We'll get the curb cut. MR. MAGOWAN-I'm sure you will. MR. DEEB-It's in the best interest. MR. FORD-Getting it away from that intersection makes sense. MR. DYBAS-Yes, it does. MR. FORD-1 applaud that. MR. DYBAS-It does look better without the snow. 6 (Queensbury Planning Board 07/21/2015) MR. HUNSINGER-Any other questions, comments or concerns? We do have a public hearing scheduled on this. Is there anyone in the audience that wishes to address the Board on this project? PUBLIC HEARING OPENED MR. HUNSINGER-Any written comments, Laura? MRS. MOORE-There are no written comments. MR. HUNSINGER-We'll open the public hearing. Let the record show no comments were received. You had said this is an Unlisted action and they did submit the Short Form. Are there any concerns with any of the specific items on the Part 11 of the SEAR form? MR. FORD-No. MR. HUNSINGER-Would anyone like to make a motion for a Negative SEAR Declaration? We don't have a sample in the package. MR. MAGOWAN-Well, I'll make a motion. RESOLUTION RE: NEG DECLARATION SP #40-2015 1 MAIN STREET QUEENSBURY The applicant proposes to alter the parking area for an existing site including relocation of curb cut. The existing site has 5 parking spaces. The proposed site will have 10 parking spaces. Applicant proposes to add fill to site and gravel for 1,917 sq. ft. new paved surface. Pursuant to Chapter 179-9-120 of the Zoning Ordinance Modification to an approved 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 SEAR DECLARATION FOR SITE PLAN NO. 40-2015 1 MAIN STREET QUEENSBURY, LLC, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: Duly adopted this 21St day of July, 2015, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-And if anyone would like to make a motion. MS. GAGLIARDI-Excuse me, Mr. Chairman, you need to close the public hearing. MR. HUNSINGER-I'm sorry. I'll close the public hearing and let the record show no comments were received. PUBLIC HEARING CLOSED MR. HUNSINGER-Thank you. If anyone would like to make a motion to grant Site Plan approval or denial. RESOLUTION APPROVING SP #40-2015 1 MAIN STREET QUEENSBURY, LLC 7 (Queensbury Planning Board 07/21/2015) 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 alter the parking area for an existing site including relocation of curb cut. The existing site has 5 parking spaces. The proposed site will have 10 parking spaces. Applicant proposes to add fill to site and gravel for 1,917 sq. ft. new paved surface. Pursuant to Chapter 179-9-120 of the Zoning Ordinance Modification to an approved 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 opened a public hearing on the Site plan application on 7-21-2015 and continued the public hearing to 7-21-2015 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 7-21-2015; 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. 40-2015 1 MAIN STREET QUEENSBURY, LLC, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: Per the draft provided by staff conditioned upon the following conditions: 1. Waivers request granted: lighting, stormwater, topography, landscaping, traffic, soil logs. 2. This will only be approved if the City of Glens Falls allows a curb cut. 3. Adherence to the items outlined in the follow-up letter sent with this resolution. Duly adopted this 21St day of July, 2015, by the following vote: MRS. MOORE-1 had suggested you put a condition in about the curb cut. MR. HUNSINGER-The curb cut. Really can't do the Site Plan without it. MR. MAGOWAN-This will only be approved if the City of Glens Falls allows a curb cut. AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Ms. White, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Good luck. It looks great. I hope you can find a buyer. MR. MAGOWAN-If you need any help with the City of Glens Falls, you're welcome to e-mail me. SITE PLAN NO. 41-2015 SEAR TYPE TYPE II ED & ED ENTERPRISES, LLC AGENT(S) ETHAN P. HALL OWNER(S) SAME AS APPLICANT ZONING NC LOCATION 1470 RIDGE ROAD APPLICANT PROPOSES FAQADE CHANGES TO EXISTING OUTLET CENTER REMOVING SQUARE AREAS REPLACING WITH PEAKED ROOF-LIKE PIECES. PURSUANT TO CHAPTER 179-9-120 OF THE ZONING ORDINANCE MODIFICATION TO AN APPROVED SITE PLAN SHALL BE SUBJECT TOP PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 38-15/AV 33-15 WARREN CO. REFERRAL JULY 2015 LOT SIZE 4.56 ACRES TAX MAP NO. 288.12-1-17 SECTION 179-9-120 ETHAN HALL & CULLIN FULLER, REPRESENTING APPLICANT, PRESENT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. This applicant proposes to renovate 640 feet plus an area fagade along the existing Log Jam Outlet's frontage. The building fagade and face will be altered to have a wood trim siding. The applicant has indicated roof framing and shingles remain with no changes to those pieces of the fagade area. The existing lighting and signage areas will be removed during renovation but reinstalled on the new face. The structure towers will remain at 34 feet 8 inches and the new fagade peaked height will remain at 21 feet 6 inches. The applicant has requested waivers from stormwater, contours, traffic flow, construction, soil logs and snow removal. 8 (Queensbury Planning Board 07/21/2015) MR. HUNSINGER-Okay. Good evening. MR. HALL-Good evening. My name is Ethan Hall. I'm a principle with Rucinski-Hall Architecture. With me tonight is Cullen Fuller from our office. We're here representing Ed & Ed Enterprises. Since Cullin has done most of the work on this, I'm going to let him run the show. So I'll turn this over to him if you have any questions. MR. FULLER-1 guess basically I know the rendering is up there and it was part of the Site Plan we have here. Since it's just basically just a fagade renovation, there's really not going to be any type of difference in the actual Site Plan, storm runoff. There's no plantings or anything that are going to be removed or added to the actual Site Plan we have here. The renovation that we're going to do is we're going to enclose these open areas that we have here. Behind these step ups we have crickets that are going to remain. It is covered down in, you know, the drainage is not going to change at all, and the installation of these new peaks that we have here. The main reason why we're doing this right now is the look, basically the aesthetics of the building as it is now doesn't really correlate much with the Adirondack type of look and the remainder of the buildings along Route 9. So we're going to remove that efface and replace it with actual wood siding, much similar to the siding that's already on the building on the lower portion that is not going to be altered at all. A lot of this, a lot of the decorative work is going to be done with trim to not to protrude out at all, and we're going to just maintain, wherever we have one of these step ups, we're going to maintain that all the way down. The actual existing columns, they're actually the large decorative column, those will be removed and brought in our, I do not know for sure whether or not there's actual wood columns in there. Are those actually supporting, but they will be new columns replacing those columns in the location that they are with new wood columns to kind of bring the whole feel in there with the actual Adirondack look. That'll make it more aesthetically appropriate for the area. The only area that there will actually be a height change is the actual front elevation. The existing was 28' 8". We're just going to continue this gable end up and tie it back into the existing flattened area there. So there will be about 18 inches of actual height difference there, but we're still within our requirements. As you can kind of see here, the shaded area is where the actual facade is going to be. The diamond or the triangle shaped areas are the existing crickets that, you know, provide the runoff, and the rendering. So for the most part it's going to be very similar to say some of the other buildings around that area. We're not going to protrude on the actual building at all. These are actually only standing a couple of feet above the actual existing flat part of this roof here, and I believe that's about it. MR. HUNSINGER-Questions, comments from the Board? MR. FERONE-With the changing of the fagade, would there be any change in color of the building as it exists now? Are you just going to adopt that same color up? MR. FULLER-Are you referring to below here? MR. FERONE-Right. MR. FULLER-The shaded, it looks a little more shaded back there, just kind of giving it a feel, because it does step back a little bit. There's a cedar siding there right now. We're going to try to maintain that color as much as possible. Due to weather effects there might be a slight change in color, but we're going to try to maintain that all the way through. MR. FORD-Will it be the same material as original? The age differential is what will be apparent. MR. FULLER-Yes. MR. FORD-Aesthetically pleasing. MR. HALL-Trying to clean up some stuff that was done previously with the square and angles and things that are in there, and there was a little bit of a problem with ice jam behind some of them. So we're trying to take care of some of the ice runoff. MR. FERONE-Well, there seems to be an adoption of a theme there, as you mentioned, the various outlets where they all look consistently the same. MR. MAGOWAN-Yes, they were all square years ago and now they're going. MR. HUNSINGER-New and different, right? I mean, the only question I really had is why you didn't come. 9 (Queensbury Planning Board 07/21/2015) MR. HALL-Piggyback on with the other one? MR. HUNSINGER-Yes. MR. HALL-We tried. Didn't we, Laura? MRS. MOORE-Yes, we did. MR. HALL-We tried. We were two days late. MR. MAGOWAN-She doesn't budge, does she? MR. HALL-No, she does not. We did try, though. MR. HUNSINGER-Okay. MR. HALL-Unfortunately we were a couple of days behind Tom Hutchins, trying to get the application in. We did try and get it in there, but. MR. HUNSINGER-1 mean, the only thing you're really changing is the look. I mean, in terms of the Site Plan, there's really no. MR. HALL-It's just strictly fagade. There's really no changes to what was presented when Tom Hutchins presented this. MR. HUNSINGER-Any other questions or comments from the Board? We have a public hearing scheduled on this project as well. Is there anyone in the audience that wishes to address the Board? No takers. PUBLIC HEARING OPENED MR. HUNSINGER-Any written comments? MRS. MOORE-There's no written comments. MR. HUNSINGER-Okay. This time I'll remember to close the public hearing, and let the record show no comments were received. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type II SEAR. So unless there's any other questions or comments, if someone would like to make a motion to approve or deny. RESOLUTION APPROVING SP #41-2015 ED & ED ENTERPRISES, LLC 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 fagade changes to existing outlet center removing square areas replacing with peaked roof-like pieces. Pursuant to Chapter 179-9-120 of the Zoning Ordinance Modification to 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 opened a public hearing on the Site plan application on 7-21-2015 and continued the public hearing to 7-21-2015 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 7-21-2015; 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, 10 (Queensbury Planning Board 07/21/2015) MOTION TO APPROVE SITE PLAN NO. 41-2015 ED & ED ENTERPRISES, LLC, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: stormwater, two foot contours, traffic flow, new construction or alterations, soil logs, snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution Duly adopted this 21St day of July, 2015, by the following vote: AYES: Ms. White, Mr. Deeb, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Good luck. MR. HALL-Thank you very much. MR. FULLER-We appreciate it. SITE PLAN NO. 42-2015 SEAR TYPE TYPE II KACEY MANN OWNER(S) SAME AS APPLICANT ZONING NC LOCATION 1470 RIDGE ROAD APPLICANT PROPOSES TO USE AN EXISTING 128 SQ. FT. ROOM WITH A SEPARATE ENTRANCE AS A HAIR SALON IN HOME. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE PERSONAL SERVICE IN A NC ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE BP'S 13-181, 197, 071, 11-273 WARREN CO. REFERRAL JULY 2015 LOT SIZE 1.02 ACRES TAX MAP NO. 279.-1-10 SECTION 179-3-040, CHAPTER 160 KACEY MANN & ANTHONY CATONE, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. This applicant proposes to use an existing room in her home at 128 square feet to utilize as a hair salon. The plans submitted show the new location of a new entry door, a designated parking area and the new sign. The information about the sign indicates that it will be double-sided with no lighting. The applicant has indicated hours are during the week and some are appointment only. The floor plan is for one hair wash sink and a chair for hair styling, and the applicant has requested waivers from lighting, stormwater, topography, landscaping, traffic, new construction, floor plan, soil logs, construction demolition and snow removal. MR. HUNSINGER-Okay. Thank you. Good evening. MS. MANN-Good evening. MR. HUNSINGER-If you could identify yourselves for the record. MS. MANN-I'm Kacey Mann, property owner at 1470 Ridge Road. MR. CATONE-I'm Anthony Catone and I reside there, too. MR. HUNSINGER-Did you have anything else that you wanted to add? MS. MANN-No. MR. CATONE-We just have to put the access door in. It's just removing a window and putting a door. MR. HUNSINGER-Okay. Questions, comments from the Board? MR. MAGOWAN-It's nice and convenient to have it that close to home. MS. MANN-Yes. MR. MAGOWAN-I don't want you to go stir crazy, now. 11 (Queensbury Planning Board 07/21/2015) MS. MANN-I'll try not to. MR. CATONE-The chore list will be huge. MR. HUNSINGER-No questions? MR. FERONE-It's pretty straightforward. MR. HUNSINGER-Yes. MR. DEEB-Pretty straightforward. There's not much to it. MR. MAGOWAN-What about the sign there, it's six foot by six foot? Or is that six by six posts? MR. CATONE-Six by six posts holding it up, but I believe the sign is five by five or something. MR. FORD-Four by four? MR. CATONE-Four by four? MR. FORD-1 read it. MR. FERONE-Do you have any concerns with, not with traffic, but like when I was there parked looking at the home, it seems like people coming down Ridge at a pretty good clip to that light, just people getting in and out. MR. CATONE-We haven't had a problem with it yet. MR. FERONE-No? MR. CATONE-It's just the kids that come off of 149 and think it's a racetrack. MS. MANN-You're not going to stop that. MR. DEEB-Unless we do enforcement. MR. CATONE-Put in speed bumps. That would slow them down. MR. HUNSINGER-Any other questions from the Board? MR. FORD-The sign, according to this, is six feet by six feet. MR. CATONE-It's well under the size requirement that, I called Craig Brown and asked him. I think it could be like seven by seven, 50 square feet the sign could be. It's underneath the size. We have a friend with a sign company. He's designed different types of signs to put in this footprint. So when I talked to Craig about it, he said I could go, draw it up a little bit bigger because I could always go down. The sign's probably going to be smaller than that. We're not sure yet. MR. MAGOWAN-You're calling for pretty much a 36 square foot sign at the biggest. MR. CATONE-Yes, it's just underneath what Craig said the biggest could be. I don't want to go, you know, big where it's kind of awkward. MR. MAGOWAN-And you have no lights on it. MR. CATONE-No. My dog would be going nuts if there was lights on the sign. MR. HUNSINGER-Anything else from the Board? MR. FORD-1 have nothing. MR. HUNSINGER-We do have a public hearing scheduled for this project as well. Is there anyone that wishes to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-Written comments? 12 (Queensbury Planning Board 07/21/2015) MRS. MOORE-There's no written comments. MR. HUNSINGER-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 as well. So no SEAR review is required, and with that, if there's no other questions, I'll enter a motion to grant or deny the site plan. RESOLUTION APPROVING SP #42-2015 KACEY MANN 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 use an existing 128 sq. ft. room with a separate entrance as a Hair salon in home. Pursuant to Chapter 179-3- 040 of the Zoning Ordinance Personal Service 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 7-21-2015 and continued the public hearing to 7-21-2015 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 7-21-2015; 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. 42-2015 KACEY MANN, Introduced by Brad Magowan who moved for its adoption, seconded by Thomas Ford: Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: lighting, stormwater, topography, landscaping, traffic, new construction /alteration details, floor plan, soil logs, disposal of construction/demolition waste, snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution. Duly adopted this 21St day of July, 2015, by the following vote: AYES: Mr. Ford, Mr. Magowan, Ms. White, Mr. Ferone, Mr. Deeb, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MS. MANN-Thank you. MR. HUNSINGER-You're welcome. SITE PLAN NO. 43-2015 SPECIAL USE PERMIT 44-2015 SEAR TYPE UNLISTED JONATHAN DE MARCO & ERNEST BURNELL OWNER(S) ERNEST BURNELL ZONING RR-3A LOCATION ST. RT. 149, WEST OF PARCEL AT 419 ST. RT. 149/419 ST. RT. 149 APPLICANT PROPOSES BOAT AND TRAILER STORAGE FACILITY ON A 0.5 ACRE PORTION OF A 6 ACRE PROPERTY. PROJECT INCLUDES 52+ SPACES FOR STORAGE. PURSUANT TO CHAPTER 179-3-040 & 179-10 OF THE ZONING ORDINANCE BOAT STORAGE FACILITY IN AN RR ZONE AND SITE PLAN REVIEW FOR ALL USES THAT REQUIRE A SPECIAL USE PERMIT SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SB 7-09, AV 43-10 WARREN CO. REFERRAL JULY 2015 LOT SIZE 6 ACRES, 3 ACRES TAX MAP NO. 278.-l-21.2, 21.1 SECTION 179-3-040, 179-10 13 (Queensbury Planning Board 07/21/2015) JONATHAN DEMARCO, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant proposes to utilize a portion of an existing six acre parcel for boat and trailer storage. The area will be 0.5 acres and will have about 52 spaces for storage. The operations are to occur as appointments only for storing for both winter boat storage and summer usage storage. The entrance to the site will utilize an existing driveway for pick up and drop off of boats and trailers. The applicant has indicated for winter storage all boats will be brought to the site prewrapped and contain no fluids. The winter storage area will be plowed if needed. During the boating season some boats and trailers will be stored on-site as well. The applicant has explained in the additional information sheet how summer storage will be handled similar to winter storage -where all client's boats and trailers are transported from the driveway to the storage area by the applicant with a specific towing vehicle, and I did outline the criteria for the Special Use Permit, and under the Special Use Permit standards for review, boat storage facilities must be on lots equal to or greater than two acres. This parcel is six acres in size, and then the second item is all lots used for boat storage facilities must have fencing along any property line visible from nearby public streets. The applicant is requesting a waiver from this as the fencing on the front property line is over 40 feet from, or rather the area is over 40 from the road and the elevation of the road extends gradually above the site, where a fence would not provide screening of the boats that we would anticipate if we were to put up a fence. MR. HUNSINGER-Okay. Thank you. Good evening. MR. DEMARCO-Hi. Jonathan Demarco. This is just basically a parking lot for boats, you know, we're not putting up any wiring or any buildings. We're going to meet people there when they're available and they'll drop their boat off and we'll put it in a spot until they're ready to come get it. It's really simple. No garbage, no lighting. It's a small sign. I don't anticipate any damage to the environment. MR. FORD-You're only using half an acre of the five? MR. DEMARCO-Yes. MR. FORD-What happens if you, instead of requiring 52 spaces, you need 100, based upon the demand? MR. DEMARCO-1 guess we've got to turn them away. If we only have enough room for 52. 1 don't want to get in a position where we have to start moving boats all around the property to get to someone else's boat, and we have layouts where the boats are parked around the perimeter. You see that light bald spot right there? Because this property is mostly hill. So right there, basically that bald spot is, we're going to put boats on the perimeter of that so we have access to pull out whatever boat whenever we need to, without having to move a lot of other stuff, and we have 52 spots. That's all we have. MR. DEEB-With 52 spots on a half-acre for boats, it's going to be tight. MR. DEMARCO-Well, we have a small vehicle to pull them out. MR. DEEB-Well, what's the largest size boat you're going to put in there? MR. DEMARCO-Well, I was under the impression that we were only allowed to have an 18 foot boat. MR. DEEB-Well, I don't know, just for storage. MR. DEMARCO-Yes. MR. DEEB-Well, I'm just thinking on a half-acre plot, 52 vehicles, it's like having 52 vehicles, and it can get tight. I mean, you said you didn't want to have to be moving other boats. MR. DEMARCO-Well, that's why, you know, we're putting a line of boats from that red line, basically, yes, you can see where the lines are there on that, right there. MR. DEEB-Yes, I see it. Just a comment. You must know what you're doing. MR. FORD-Question about the shrink wrapping. That will be done offsite? 14 (Queensbury Planning Board 07/21/2015) MR. DEMARCO-It will all be done, they should be able to bring the boat pre-shrink wrapped and ready to be just put there. MR. FORD-You won't be doing that? MR. DEMARCO-No. MR. TRAVER-Will boat owners be allowed to do maintenance on their boats on the site? MR. DEMARCO-Not there. We don't want anybody roaming around on the property, in case we have someone trip and fall. MR. FORD-In Staff Notes, I would like to have you react to this. The applicant has indicated for winter storage all boats will be brought to the site pre-wrapped and contain no fluids. I'm interested in the containing no fluids. MR. DEMARCO-We don't want oil and whatever else is in the boat. MR. FORD-It will contain none of that? The oil will be drained and gasoline will be drained? MR. DEMARCO-No gasoline, no oil. MR. FORD-Really? MR. DEMARCO-That's the way, my family's had a marina on the lake for a while, and that's the way they've done it. I mean, I don't want to have those kind of fluids on that property. MR. FORD-1 don't object to that, I just wanted you to clarify that you're going to be draining the oil out of those engines and the gasoline out of those engines before you're going to store them? MR. MAGOWAN-The lower units. MR. DEMARCO-There's oil in the lower units. MR. TRAVER-Yes, you may have an issue with some owners. 1, myself, am a boat owner, and when my boat is winterized, the condition is exactly the opposite of that. The engine is filled with fresh oil. I take the oil out and so it sits in clean oil all winter, the same with the lower unit, is really a high point grease rather than an oil, and the fuel tank, in my case it's a four stroke motor so it's gasoline, it does not have oil added to it, but it is treated and filled right up to the top so there's no air space or, you know, contamination of fuel intake. MR. FORD-1 also am a boat owner and I follow the same protocol Steve just mentioned. That's why I raised the issue. MR. TRAVER-Yes, and now that I think about it, on top of that, the cylinder of the, the engine block of my boat is also full of antifreeze. So there are fluids. Actually there's more fluids in it in the wintertime than there is when it's sitting in my yard in the summer because the engine is normally fluid free. The coolant has leaked out of it during the summer, but in the winter it's full of antifreeze. So I don't think that you will find that, I mean, you're certainly free to have whatever policy you want. I don't think it effects our concerns, whether you use conventional fluids in the boat. MR. DEMARCO-We just want to make it safer. MR. TRAVER-Understood. You certainly have your own requirements for storage. MR. DEMARCO-If we have to change and we get a problem, you know, with that, we'll have to change. MR. TRAVER-Yes. You just may find with some owners, that's all. I mean, it all depends on their style. You can certainly, it's certainly not unheard of to winterize a boat in the manner you describe. I'm just saying I'm not sure how common it is. It's not the way I was taught growing up to keep a boat stored in the winter, but, you know, you're certainly free to make that clear to your customers. MR. MAGOWAN-Yes, the main thing is they remove the water from the block. MR. DEMARCO-Yes. 15 (Queensbury Planning Board 07/21/2015) MR. MAGOWAN-Some add antifreeze, and some don't, but usually the lower unit, you hate to expose that to air all winter long, you know, because it will pit, especially with the shrink wrap on there because you're going to get the temperature changes, you know, from the sun and the heat inside the boat, but as per, you know, for coming for approval, I mean, I'm with Steve on this. I mean, if that's your rule, that's your rules. MR. HUNSINGER-Any other comments? The question that I had is, I'm confused as to exactly where the boats would be located on the site. If you could pull back up that, that picture right there. MRS. MOORE-They're right here. MR. DEMARCO-They're right in that bald area. You see that tree line right there to the left? There'll be a row of boats there, right about where that red line is, there's a riprap ditch. So we're going to be about 10 or 15 feet the other way of that, away from the road and the other row of boats, and then right where the red line curves there'll be another row, making almost like a triangle. MR. HUNSINGER-I guess I'm confused. You felt that the boats wouldn't be visible from the road. MRS. MOORE-No, not that they wouldn't be visible, that there's no possible, if the individual were to put a fence up. MR. TRAVER-A fence would be ineffective because the road is so much higher than the property. MRS. MOORE-Yes, that's what I was trying to say. MR. HUNSINGER-I misunderstood. MRS. MOORE-It's not the issue that. MR. HUNSINGER-That's what lead to the confusion. MRS. MOORE-I don't know, a fence wouldn't provide what we would anticipate. So I guess, and if the applicant or the Board, right now currently the application says no fluids, but it sounds like it may change over time, so maybe that's what the applicant, in the application would be saying, that the fluid, when the boat would be winterized, whether that's no fluids or with fluids, the term is winterized. MR. DEMARCO-See, I don't winterize. They're going to either winterize it themselves or have someone do it and they're going to bring it to me and put it here, whether it has fluids in it or not, I would rather it have no gas. If there's a problem, I just want to keep it. MR. TRAVER-My main concern was, with regards to fluids that are, changing oil or doing other services on the boat, then you're going to have the potential for oil leaking on the ground, essentially is what your concern is. I think if it's worded that the, the boats will only be stored on the site if they're properly winterized, I think, will be fine. It will be done, presumably, by somebody that knows what they're doing. MR. DEMARCO-Yes. MR. TRAVER-Otherwise they won't be a repeat customer. MR. DEMARCO-I just don't want somebody in there with a couple of two by fours and a tarp. MR. TRAVER-Yes. MR. MAGOWAN-You can ask, like I said, that they be shrink wrapped. MR. DEMARCO-Yes. MR. DEEB-Are they all going to be shrink wrapped, your boats? Is that a requirement for you to have them shrink wrapped? MR. DEMARCO-Yes, I mean, that's why, I assume that they would, all winter long they would want to keep their boat. 16 (Queensbury Planning Board 07/21/2015) MR. MAGOWAN-Some people like to park the boat and put the tarp over them, but you don't want, they're going to drop the boat and you're going to park it. Correct? MR. DEMARCO-Yes. MR. MAGOWAN-So you might want to state that all boats have to be properly winterized and professionally shrink wrapped. MR. TRAVER-And I think we're starting to get into the area of his business management and not the Site Plan. MR. HUNSINGER-My only concern is the visual impacts, you know, seeing a lot full of stored boats, which currently is open field and woods. MR. TRAVER-Yes. I mean, there are, we all know, areas around where you drive by, 149 or whatever, and there's, I see that, I think spring, and I'm a boater so to me it's not an eyesore, but I can understand how it would be to some people, and it isn't there in the summer. There may be some empty trailers, but the impact would be primarily during the winter months, and shrink wrap is probably most commonly white. Sometimes it's blue, but, you know, when there's snow on the ground, that would help mask the site somewhat. MR. HUNSINGER-Yes. I remember getting into this discussion at length up on 9N. MR. TRAVER-Yes, I remember that as well. I think, too, with these, the key is requiring a consistent, you know, the other area where it can become an eyesore is if you have a mix and match of some boats covered with brown tarp, some wood in some with blue tarps and some white, you know, if he's saying they all need to be shrink wrapped and prepared professionally, they will at least be pretty consistent in appearance, and when the snow arrives then you should be not terrible, and at a minimal in the summer. MR. MAGOWAN-So properly winterized and shrink wrapped. MRS. MOORE-I can point out, the Board, I did not put in the Staff Notes, but there's the term of validity. MR. HUNSINGER-Right. MRS. MOORE-So temporary or permanent. MR. HUNSINGER-I'm trying to remember what we did on the last one. It was a while ago. MRS. MOORE-On John Matthews, that one? MR. HUNSINGER-Yes. MR. MAGOWAN-Well, we know, Steve, you're the first out on the lake after the ice thaws and the last out there when the ice comes in. So you can't go in January. MR. TRAVER-Sometimes I'm on the lake before the ice is completely out. That's the goal, try to get out there when there still is. MR. MAGOWAN-Usually boating starts wrapping up the 1St of October? MR. DEMARCO-Columbus Day. MR. MAGOWAN-Columbus Day? MR. TRAVER-For me it's closer to Thanksgiving. MR. MAGOWAN-Yes, you're an extremist, though. MR. DEMARCO-I know people who wear wet suits on their jet skis. MR. MAGOWAN-So we go Columbus Day to? MR. TRAVER-Well, he's got to be operating year round. MR. DEMARCO-It's going to be a year round operation. 17 (Queensbury Planning Board 07/21/2015) MRS. MOORE-Yes, so a year from now or a permanent solution. MR. HUNSINGER-Yes, that's what she meant by the term of validity, how long the Special Use Permit will last. MR. DEEB-Well, on your sheet here, in your letter you say if we find a leak, we remove the tainted soil. MR. DEMARCO-Yes. MR. DEEB-It looks like you might have been anticipating, I'm concerned about the environment. MR. DEMARCO-Well, I mean, we're not anticipating these boats to leak. MR. DEEB-But you're entertaining the thought. MR. DEMARCO-Well, I have to. If it does happen, we have a plan, remove that dirt and get rid of it and put something in new and re-seed. I have to maintain the property so it doesn't get all potholed and look terrible after a couple of years. MR. TRAVER-And I think I can represent, with the business plan he describes having the boats professionally prepared and no maintenance allowed on site. The chance that there would be any significant spills is absolutely minimal. MR. FORD-1 would concur with that. MR. DEEB-That's fine. MR. FORD-The question now is duration. MR. HUNSINGER-You have a good memory if you remembered that project. MRS. MOORE-This is the one, but the second page didn't scan. MR. HUNSINGER-Well, while we're waiting for Laura to look up that other project, term of validity, we do have a public hearing scheduled for this project this evening. Is there anyone in the audience that wishes to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-Any written comments, Laura? MRS. MOORE-There was no written comments. MR. HUNSINGER-No written comments? Okay. I will open the public hearing and let the record show no comments were received, and we will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-1 guess my only thought is, in terms of the term of validity, is I'm not sure I feel comfortable with a permanent. Maybe something three to five year duration would be acceptable. MR. TRAVER-Yes. MR. FORD-Yes. MR. HUNSINGER-1 don't know what your thinking was, if Staff had talked to you about the length of the Special Use Permit. So Special Use Permits are a little different than Site Plan Review. Again, it's a special permit so typically it would have a time period when it would expire, and so you'd have to come back to the Board for an extension, and as long as there's no issues, problems, concerns with the operation, typically a Special Use Permit would be extended by the Board, and probably more often than not, after we've granted a, you know, three or four or five year term, when applicants come back, we then make it a permanent. MR. DEMARCO-Okay. MR. TRAVER-1 would say it should be greater than, at least greater than two years because he's going to need to build up a clientele, and we're going to want to have the impact of the 18 (Queensbury Planning Board 07/21/2015) project with the yard full, which, again, may take a couple of years to build up that. So maybe four? MR. FORD-1 was thinking three, but I could live with four. MR. TRAVER-Okay. MR. MAGOWAN-Well, I have some dice right here. It's got a four and three on it. MR. DEEB-I'm okay with four. I think in fairness to him. MR. FORD-Yes. MR. HUNSINGER-We do need to do SEAR on this project as well. On Page 10 of his application is the Part 11 of the Short Form. Any member of the Board have any specific concerns or items that they feel could be a moderate to large impact? MRS. MOORE-Mr. Chairman, you did a modification for the J & D Marina and you granted permanent status, but prior to that it was a one year. MR. HUNSINGER-A one year. Yes, okay. Like I said, I remember we had an extensive discussion with neighbors about the visual impacts of the shrink wrapped boats and what it would look like on that. MR. TRAVER-And as I recall, that was not a new facility. That was an expansion of an existing marina. MR. HUNSINGER-It was, but it was on a new site, yes, the other side of the road. Well, I think longer than a one year term would be appropriate for this one. MRS. MOORE-Okay. MR. MAGOWAN-Still sticking with four? MR. FORD-Three or four. I could live with either one. MR. TRAVER-Yes. I could as well. MR. HUNSINGER-1 was on the SEAR. MR. MAGOWAN-I'm taking notes. I just want to make sure I'm caught up. MR. HUNSINGER-Flip back one page. MR. MAGOWAN-So we're going to do SEAR. MR. HUNSINGER-1 heard a bunch of noes. MR. DEEB-I think we're fine. RESOLUTION RE: NEGATIVE DEC SP # 43-2015 & SUP # 44-2015 DEMARCO & BURNELL The applicant proposes boat and trailer storage facility on a 0.5 acre portion of a 6 acre property. Project includes 52+ spaces for storage. Pursuant to Chapter 179-3-040 & 179-10 of the Zoning Ordinance Boat Storage facility in an RR zone and Site Plan review for all uses that require a special use permit 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; 19 (Queensbury Planning Board 07/21/2015) 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 SEAR DECLARATION SITE PLAN NO. 43-2015 & SPECIAL USE PERMIT NO. 44-2015 JONATHAN DEMARCO & ERNEST BURNELL, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: As per the draft resolution prepared by Staff. 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 21St day of July, 2015, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Okay. MR. MAGOWAN-Are we ready for a motion for the Site Plan approval? MR. HUNSINGER-Yes, so I think we had already talked about this condition about the boats being winterized and shrink wrapped. MR. TRAVER-Yes, prior to arrival. MR. MAGOWAN-All right. MR. TRAVER-And no maintenance on site. MR. MAGOWAN-All right. RESOLUTION APPROVING SP #43-2015 SUP #44-2015 DEMARCO & BRUNELL 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 boat and trailer storage facility on a 0.5 acre portion of a 6 acre property. Project includes 52+ spaces for storage. Pursuant to Chapter 179-3-040 & 179-10 of the Zoning Ordinance Boat Storage facility in an RR zone and Site Plan review for all uses that require a special use permit 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 7-21-2015 and continued the public hearing to 7-21-2015 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 7-21-2015; 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. 43-2015 SPECIAL USE PERMIT NO. 44-2015 JONATHAN DEMARCO & ERNEST BURNELL, Introduced by Brad Magowan who moved for its adoption, seconded by Thomas Ford: Per the draft provided by staff conditioned upon the following: 20 (Queensbury Planning Board 07/21/2015) 1) Waivers request granted: Waiver from the fencing as the front property line is over 40 feet from the road and the elevation of the road extends gradually above the site where a fence would not provide screening of the boats. 2) Term of Validity: 4 Years 3) Boats will be properly winterized and shrink wrapped. 4) There will be no maintenance on the site. 5) Adherence to the items outlined in the follow-up letter sent with this resolution. Duly adopted this 21St day of July, 2015, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. DEMARCO-Thank you very much. SITE PLAN NO. 45-2015 SEAR TYPE TYPE II RUSS FADEN OWNER(S) SARATOGA PRIME PROPERTIES LLC ZONING CI LOCATION 1471 STATE ROUTE 9 APPLICANT PROPOSES TO MAINTAIN 2 EXISTING PARKING LOT FIXTURES THAT HAVE A 6 DEGREE ANGLE. PURSUANT TO CHAPTER 179-9-120 OF THE ZONING ORDINANCE MODIFICATION TO AN APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 59-14, SV 48-14 WARREN CO. REFERRAL JULY 2015 LOT SIZE 1.92 ACRES TAX MAP NO. 288.-1-58 SECTION 179-9-120 JERRY LA BARR, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. The applicant proposes to maintain two existing parking light fixtures at a six degree angle, and I have identified that the foot candle width does go up, but it doesn't exceed the overall average requirement for foot candles in the parking lot. MR. HUNSINGER-Thank you. Good evening. MR. LA BARR-Yes. I'm Jerry LaBarr and I own Mr. Bill's. MR. HUNSINGER-Did you have anything else that you wanted to add about the project? MR. LA BARR-No. MR. HUNSINGER-Any questions, comments from the Board? I'll bet you were happy for the summer to arrive. MR. LA BARR-Yes. It's not bad. It's picking up. MR. HUNSINGER-No questions, comments, concerns? MRS. MOORE-The applicant hasn't installed the light fixtures on the building yet. So he included that in his packet. MR. HUNSINGER-Okay. MR. FERONE-So it looks like the side of the building where those little squares are. MR. LA BARR-Goosenecks. MR. FERONE-That's where the goose necks are going. MR. LA BARR-I haven't done them yet. See how the first year comes. MR. HUNSINGER-No comments or concerns from the Board, we do have a public hearing. Did you want to comment, sir? PUBLIC HEARING OPENED MR. HUNSINGER-Any written comments? 21 (Queensbury Planning Board 07/21/2015) MRS. MOORE-There were no written comments. MR. HUNSINGER-Okay. I'll open the public hearing and let the record show no comments were received. I'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type II SEAR. So unless there's any other questions or comments from the Board, a motion would be in order. RESOLUTION APPROVING SP #45-2015 RUSS FADEN 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 maintain 2 existing parking lot fixtures that have a 6 degree angle. Pursuant to Chapter 179-9-120 of the Zoning Ordinance Modification to 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 opened a public hearing on the Site plan application on 7-21-2015 and continued the public hearing to 7-21-2015 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 7-21-2015; 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. 45-2015 RUSS FADEN, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: Per the draft provided by staff conditioned upon the following: 1) Waivers request granted: stormwater, two foot contours, landscaping, traffic, construction/alteration details, floor plans, soil logs, demolition waste, snow storage. 2) Adherence to the items outlined in the follow-up letter sent with this resolution Duly adopted this 21St day of July, 2015, by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Ms. White, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. LA BARR-Thank you very much. MR. DEEB-Aren't you glad you were last? MR. LA BARR-Where's the McDonald's going? MR. HUNSINGER-Well, it's the existing one down on Route 9, yes, they want to re-build it. MR. FERONE-So are we coming back for just one project, then? MR. FORD-Yes. MR. HUNSINGER-We are? MR. MAGOWAN-Next week? 22 (Queensbury Planning Board 07/21/2015) MR. DEEB-We're not meeting next week, are we? MRS. MOORE-You do have one item on next week's agenda, and that's the boathouse. MR. FERONE-The boathouse. MR. DEEB-So we have to come back for that? I wasn't going to show up. I thought it was going to be next month. MRS. MOORE-I'm so glad you all asked. MR. TRAVER-That was the original plan, and then this other one was added kind of at the last minute. MR. FERONE-Right, the last minute, exactly. MRS. MOORE-It's one project next week. I'm sorry. MR. HUNSINGER-Is there any other business to come before the Board? We all got a letter this evening. Obviously it's something that came after the project was approved. MR. MAGOWAN-1 mean, we did discuss. MR. TRAVER-The bottom line, the only official action that was taken was by the Planning Board. End of story. MR. FORD-1 move we adjourn. RESOLUTION ADJOURNING THE TOWN OF QUEENSBURY PLANNING BOARD MEETING MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JULY 21, 2015, Introduced by Thomas Ford who moved for its adoption, seconded by Stephen Traver: Duly adopted this 21St day of July, 2015, by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Ms. White, Mr. Deeb, Mr. Hunsinger NOES: NONE On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman 23