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02-16-2016 (Queensbury Planning Board 02/16/2016) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING FEBRUARY 16, 2016 INDEX Site Plan No. 10-2015 J.H. Land Development, LLC 1. EXTENSION OF APPROVAL Tax Map No. 278.-1-14 Site Plan PZ 73-2016; SUP PZ 68-2015 Faden Enterprises 2. SEQRA COORDINATION Tax Map No. 309.10-1-47, 48, 49 Site Plan PZ 51-2016 Switchco, LLC (Holiday Inn Express) 4. SEQRA COORDINATION Tax Map No. 309.13-1-73 Site Plan PZ 54-2016 Big Bay Lodging, LLC (Hilton Home2 Suites) 7. SEQRA COORDINATION Tax Map No. 309.13-2-2 through 9 Site Plan PZ 57-2016 Ronald & Cynthia Mackowiak 10. ZBA RECOMMENDATION Tax Map No. 289.11-1-33 Site Plan PZ 62-2016 Curtis D. Dybas 11. ZBA RECOMMENDATION Tax Map No. 289.17-1-35 Site Plan PZ 53-2016 Jason Southwood 12. ZBA RECOMMENDATION Tax Map No. 296.13-1-68 Subdivision No. 9-2015 Gordon & Cynthia Hoyt 19. PRELIMINARY STAGE Tax Map No. 290.-1-94 FINAL STAGE Site Plan PZ-0044-2015 Performing Asset Strategies 26. SUP PZ-0050-2015 Tax Map No. 309.10-1-37 Site Plan PZ 52-2016 Duke Concrete Products, Inc. 28. Tax Map No. 302.8-2-1; 302.8-2-2 &25 Site Plan PZ 58-2016 Elizabeth Miller 33. Tax Map No. 290.5-1-48 DISCUSSION ITEM Stan Dobert 37. Tax Map No. 309.10-1-10 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING 1 (Queensbury Planning Board 02/16/2016) FEBRUARY 16, 2016 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN STEPHEN TRAVER BRAD MAGOWAN GEORGE FERONE DAVID DEEB JAMIE WHITE, ALTERNATE MEMBERS ABSENT PAUL SCHONEWOLF LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. HUNSINGER-I'd like to welcome everyone to the Town of Queensbury Planning Board on Tuesday, February 16, 2016. Members of the audience, welcome. There are copies of the agenda on the back table. There's also handouts for public hearing procedures. We do have public hearings scheduled later in the agenda. The first item on the agenda is the approval of minutes from December 15th and 17th. Would anyone like to move those? APPROVAL OF MINUTES December 15, 2015 December 17, 2015 MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES OF DECEMBER 15TH AND DECEMBER 17TH, 2015, Introduced by Brad Magowan who moved for its adoption, seconded by George Ferone: Duly adopted this 16th day of February, 2016, by the following vote: AYES: Mr. Ferone, Mr. Magowan, Mr. Traver, Ms. White, Mr. Hunsinger NOES: NONE ABSTAINED: Mr. Deeb ABSENT: Mr. Schonewolf MR. HUNSINGER-We have one Administrative Item this evening which is Site Plan 10-2015 for J.H. Land Development, LLC. ADMINISTRATIVE ITEM: SITE PLAN 10-2015 J.H. LAND DEVELOPMENT, LLC, LEDGEVIEW R.V. PARK EXPANSION — REQUEST FOR EXTENSION OF APPROVAL MR. HUNSINGER-Any comments, concerns from the Board? Did they give any reason for the delay? There wasn't anything in the Staff Notes. I mean, they do plan to go forward with the project. Right? MRS. MOORE-Yes. MR. HUNSINGER-Okay. MRS. MOORE-1 don't have anything. MR. HUNSINGER-It also doesn't say how long of an extension they would like? Oh, one year to February 14tH MR. TRAVER-One year, yes, to February 14, 2017. 2 (Queensbury Planning Board 02/16/2016) MR. HUNSINGER-If anyone would like to make that motion, if there's no comments. MR. MAGOWAN-So you want to give them for a full year? MR. HUNSINGER-That's what they requested. MR. TRAVER-Yes. RESOLUTION APPROVING ONE YEAR EXTENSION SP 10-2015 J.H. LAND DEVELOPMENT MOTION TO APPROVE AN EXTENSION FOR SITE PLAN NO. 10-2015 J.H. LAND DEVELOPMENT, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: The extension will be until February 14, 2017, as per the draft resolution prepared by Staff. Duly adopted this 16th day of February, 2016, by the following vote: MR. MAGOWAN-The extension will be until February of 2017. MRS. MOORE-Could we have a specific date? MR. HUNSINGER-Specific date. A year from today? MR. MAGOWAN-A year from today. MR. HUNSINGER-How's that? MR. MAGOWAN-1 don't have next year's calendar on me. MR. HUNSINGER-Well, the 16tH MR. TRAVER-Well, I can look at my watch and say that a year from today would be February 16th MR. MAGOWAN-Well, okay, well, I was going for a Tuesday night, but okay. We'll go for the. MRS. MOORE-Actually it should be February 14th, 2017. MR. MAGOWAN-February 14th of 2017. 1 amend it. MR. TRAVER-I'll second the motion as amended. AYES: Mr. Deeb, Ms. White, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf MR. HUNSINGER-We have three projects where we are considering SEQR Lead Agency Status. SEQRA COORDINATION: SITE PLAN PZ 73-2016; SPECIAL USE PERMIT PZ 68-2016 SEAR TYPE UNLISTED FADEN ENTERPRISES AGENT(S) LANSING ENGINEERING OWNER(S) ROBERT GOODWIN ZONING MS LOCATION 75-79 MAIN STREET APPLICANT PROPOSES DEMOLITION OF THREE MAIN BUILDINGS, SHED AND SOME SITE GRADING TO CONSTRUCT THREE NEW BUILDINGS IN THREE PHASES. FIRST BUILDING TO BE 4,200 +/- SQ. FT. WITH PARKING FROM MAIN ST. TO PINE ST. PROJECT INCLUDES MERGING PARCELS CREATING TWO PARCELS. SECOND PHASE TO BE REMAINDER OF FIRST BUILDING 4,200 +/- SQ. FT., THEN THIRD PHASE IS TWO ADDITIONAL BUILDINGS 2,400 SQ. FT. AND 1,600 SQ. FT. WITH A DRIVE THROUGH. PROJECT INCLUDES LIGHTING AND LANDSCAPING IN PHASES ALSO. STORMWATER TO BE COMPLETED FOR WHOLE SITE IN PHASE ONE. SEQRA- PLANNING BOARD SEEKS LEAD AGENCY STATUS 2/16/16. PENDING SEQRA COORDINATION — PURSUANT TO 3 (Queensbury Planning Board 02/16/2016) CHAPTER 179-3-040 OF THE ZONING ORDINANCE, COMMERCIAL DEVELOPMENT ON MAIN STREET SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS REQUESTED FOR BUILDING SETBACKS, FREE STANDING SIGN SETBACK, DRIVE THROUGH. PLANNING BOARD SHALL PROVIDE RECOMMENDATIONS TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE BP 91252 SEWAGE ALT.; 2005-221 SIGN PERMIT; 2002-0208 WALL SIGN WARREN CO. REFERRAL FEBRUARY 2016 LOT SIZE 0.24, 0.42, .046, TOTAL 1.12 ACRES TAX MAP NO. 309.10-1-47, 48, 49 SECTION 179-3-040, 179-7-030, 179-7-070, 179-10-040, 140-7 RUSS FADEN, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. This applicant proposes demolition of three main buildings, a shed and some site grading to construct three new buildings in three phases. The first building is to be 4,200 sq. ft. with parking from Main Street to Pine Street installed. The project includes merging parcels only to create two parcels in the long run. The second phase is to build the remainder of the first building, another 4200 sq. ft. building. The third phase is to include two additional buildings on their own lot, 2,400 sq. ft. and 1600 sq. ft. with a drive thru. The project includes lighting and landscaping in phases as well. The stormwater is to be completed in the Phase I stage, and at this time the Board should be seeking Lead Agency Status and it will be referred to the Zoning Board to see if they will consent to the Planning Board being the Lead Agency. MR. HUNSINGER-Okay. Good evening. MR. FADEN-Good evening. MR. HUNSINGER-1 don't know if there was anything you wanted to alert us to? MR. FADEN-No. MR. HUNSINGER-1 mean, it's pretty pro forma at this point, what you're seeking to do. MR. FADEN-Yes, we'll be back tomorrow night. MR. HUNSINGER-Yes. Okay. Any questions of the Board? Any concerns about being the Lead Agency on this project? MR. TRAVER-None. It seems appropriate. MR. HUNSINGER-There is a draft resolution prepared by Staff, if anyone would like to move that. MR. MAGOWAN-1 didn't get one. MR. TRAVER-Here, it is. MR. MAGOWAN-Wait, maybe I do have it. Thank you. RESOLUTION SEEKING LEAD AGENCY STATUS SP PZ 73-2016; SUP PZ-68-2016; AV PZ- 71-2016; SV PZ-72-2016 FADEN ENTERPRISES WHEREAS, the Town Planning Board is in receipt of a Site Plan, Special Use Permit, Area Variance and Sign Variance applications for: Applicant proposes demolition of three main buildings, shed and some site grading to construct three new buildings in three phases. First building to be 4,200 +/- sq. ft. with parking from Main St. to Pine St. Project includes merging parcels creating two parcels. Second phase to be remainder of first building 4,200 +/- sq. ft., then third phase is two additional buildings 2,400 sq. ft. and 1,600 sq. ft. with a drive through. Project includes lighting and landscaping in phases also. Stormwater to be completed for whole site in Phase one. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, commercial development on Main Street shall be subject to Planning Board review and approval; WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review process under the State Environmental Quality Review Act (SEQRA); 4 (Queensbury Planning Board 02/16/2016) WHEREAS, the Planning Board of the Town of Queensbury has identified the project to be a Type Unlisted action for the purposes of SEQRA review pursuant to 6 NYCRR 617; WHEREAS, the Planning Board is the agency most directly responsible for approving the actions because of its responsibility for approving the land uses for the property; NOW THEREFORE BE IT RESOLVED, The Planning Board of the Town of Queensbury hereby indicates its desire to be Lead Agency for SEQRA review of this action and authorizes and directs the Zoning Administrator to notify any other potentially involved agencies of such intent. MOTION TO SEEK LEAD AGENCY STATUS IN CONNECTIONS WITH SITE PLAN PZ 73- 2016, SPECIAL USE PERMIT PZ 68-2016, AREA VARIANCE PZ 71-2016 & SIGN VARIANCE PZ72-2016 FADEN ENTERPRISES. Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver. According to the resolution prepared by Staff. Duly adopted this 16th day of February, 2016 by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Ms. White, Mr. Deeb, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf MR. HUNSINGER-You're all set. Good luck. MR. FADEN-Thank you. MR. HUNSINGER-The next one is Site Plan PZ-51-2016 for Switchco, LLC, Holiday Inn Express. SITE PLAN PZ 51-2016 SEAR TYPE UNLISTED SWITCHCO, LLC (HOLIDAY INN EXPRESS) AGENT(S) BOHLER ENGINEERING OWNER(S) SWITCHCO, LLC ZONING Cl LOCATION CORINTH RD. & 1-87 APPLICANT PROPOSES TO DEVELOP A PORTION OF A 16.38 ACRE PARCEL FOR A 13,800 SQ. FT. (FOOTPRINT) 4 STORY, 100 ROOM HOLIDAY INN EXPRESS HOTEL. SITE WORK INCLUDES CONSTRUCTION OF AN ACCESS ROAD, INSTALLATION OF PARKING SPACES, LANDSCAPING, LIGHTING AND STORMWATER MANAGEMENT. SEQRA — PLANNING BOARD SEEKS LEAD AGENCY STATUS 2/16/16. PENDING SEQRA COORDINATION — PURSUANT TO CHAPTER 179-3- 040 OF THE ZONING ORDINANCE, MOTELS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCES: RELIEF IS REQUESTED FROM HEIGHT. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE SP 28-2008; AV 41-2008 WARREN CO. REFERRAL FEBRUARY 2016 LOT SIZE 16.38 ACRES TAX MAP NO. 309.13-1-73 SECTION 179-3- 040 CHRIS BOYEA, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. This applicant proposes to develop a portion of a 16.38 acre parcel for a 13,800 sq. ft. footprint 4 story height, 100 room Holiday Inn Express Hotel. Site work includes construction of an access road, installation of parking spaces, landscaping, lighting and stormwater. Again, the Board is seeking Lead Agency Status. MR. HUNSINGER-Okay. Good evening. MR. BOYEA-Yes. Good evening. For the record my name is Chris Boyea. I'm with Bohler Engineering and here with me tonight is Josh O'Connor with Bohler Engineering, the design engineer that helped put this project together, and for those that have been on the Board for some time, I was here probably about seven years ago for another developer here to build a similar project which is a hotel that is located behind McDonald's, and so this is just an aerial exhibit showing the proposed driveway. It would come out next to Stewart's at the signalized intersection, and then it loops around and the hotel would sit in the rear of the property, stormwater basin between McDonald's and the hotel. We are here just for a SEQR to get the ball rolling. So we're excited to bring this project back. It is a new owner. The land is owned and controlled all by our client and he's hopeful to start construction before March 31St. That's 5 (Queensbury Planning Board 02/16/2016) taking the trees down. So we wouldn't be pushing dirt around, but we would like to get those trees taken down before April 1St, and the reason for that is that the site's been cleared from all environmental aspects of it, but there is a bat in this area, and they would like us to get the trees down prior to any mating seasons or things of that nature so that we don't disturb anything that's out there. So that's the general gist of the project. So back seven years ago we received full site plan approvals for something very similar to this, although we took all the trees down. So that was all cleared out for potential future development. There isn't any future development right now that this future landowner has planned. He just wants to do the hotel. Future development may come at a future point, but it's nothing in the works right now at this point. The only item that I kind of wanted to talk about, in addition to just getting the SEQR going, is a waiver. So this Board has the jurisdiction for waivers from buffers that are required, and so there is a 100 foot buffer along the Interstate that's in the Code, and that's a Planning Board waiver to work within that 100 foot buffer that's there. This is the same layout, generally speaking, same waiver, etc., that was received for the prior development seven years ago here. I just want to bring that to the Board's attention so that hopefully when we come back and we go to the Zoning Board and get back in front of you for full detailed Site Plan Review, it doesn't raise any red flags, and, whoa, we didn't know about waivers. So I just want to make sure the Board's okay with it at this early stage so that we can continue for the next month or so going through the reviewing the process, and with that, I'll turn it right back over to you. MR. HUNSINGER-Any questions? MR. FERONE-So with the positioning of the building and the additional space on the property going west, why would you need the waiver for the buffer to the, I'm assuming the buffer is for towards the highway, towards the Interstate? MR. BOYEA-That's correct. It's over here on this side. So this property is very expensive, and that's really one of the reasons why it didn't go through before. I was talking a little bit prior to that. So there was some contamination that the current owner had to clean up on this property, and it just drove, I mean, that's why the project didn't happen before. There was some heavy metals on site, and so the current owner footed the bill for that. It's been fully cleaned up. There is more development potential here on this site, and it's necessary to recoup some of the losses that were here, but the site is clean, and we want to keep the same waiver that was issued previously or general compliance. MR. TRAVER-And again with the waiver, just a clarification, you said that you wanted to mention it tonight to make sure that we were okay with it. I'm assuming that you mean that we're okay in the sense that you have notified us that the application, when we receive it, when we process it, will include a waiver, but we're not okay in that we approve it tonight, because we cannot do that. MR. BOYEA-Understood. MR. TRAVER-Okay. MR. BOYEA-Yes, I just didn't, if anybody sees a problem with the waiver, I'd rather just have those red flags raised now if there were any, because we are on a fast track. We are going to go to the Zoning Board. We have some variances. We have a height variance that we need to obtain, and we just didn't want to come back, a lot of good hard work done in the next couple of months, and then come back and find out that there was an issue that we could have avoided. MR. HUNSINGER-You're not asking for any waivers on the buffer between the property and the residences? MR. BOYEA-No, no. MR. HUNSINGER-Okay. Because I remember that was a concern from us. MR. BOYEA-Yes. It reflects what was approved previously with that note. MR. HUNSINGER-Okay. MS. WHITE-So what you're saying is that the future development on the land to the west, you just want to keep that as large as possible? MR. BOYEA-That's right. 6 (Queensbury Planning Board 02/16/2016) MS. WHITE-And that's why you're asking for the waiver. MR. BOYEA-That's correct, yes. MS. WHITE-Okay. MR. HUNSINGER-Any further questions? MR. FERONE-Any thoughts or indications on what that future development might be? Are we talking about commercial industrial park, that type of thing? MR. BOYEA-A lot of things have been talked about. We are hopeful, the property is currently listed. So if somebody is interested in leasing or buying a pad site or something like that, there's somebody that has the listing for this property. There hasn't been a lot of interest in it right at the given moment, but the current owner feels that once we start this and people see the activity there, I think they're going to, you know, it'll increase. Industrial, I doubt it, just because, again, the cost of the clean out, things of that nature, there's plenty of industrial land. I think as you go down a little bit further down towards West Mountain, you're going to find some land that's probably suitable for that. So I think that you're probably looking at, I'm guessing, but I would have to imagine that you're looking at retail orient or office or something of that nature. MR. HUNSINGER-Any other questions? MR. FERONE-Well, the other thing was, I don't know if you or the owner of the property was approached on this, but there was an article in the paper about, with the amount of development that there'd be some type of commitment to looking at, you know, infrastructure, you know, if there were turning lanes or if the road had to be widened or whatever, and there's a lot of activity. As you know there's another hotel going in across the street. Any kind of traffic study or anything that's going to be done to see if there's some type of improvements that have to be made there. MR. BOYEA-Yes. So the good news is that the Town Planning Department, and Laura is very astute to that exact item. So we had actually fleshed that out and she had recommended that we be proactive, and so we actually hired a traffic engineering firm to look at this, at this time, and we've provided that information to the Town. Currently with the proposal as it is there really isn't any need, I mean, the hotel here and we included the one across the street, because potentially they're both built together, you know, the room count is not high enough and there isn't enough demand over there during those hours to really warrant anything. That's kind of a sleepy use, but if we are to get into some other development on this piece of property where, you know, we're looking at a retail store or maybe a restaurant or something of that nature, we now have a base to work off of. So we would probably go back to the same traffic engineer and have them update the study and if that was to trigger any, some sort of a turning lane or something like you had mentioned, then we would cross that at that point, depending on the use that's there. Absolutely, and it could just be an office, right? If that's the case, then it might not need it, but it would be use dependent. MR. FERONE-Yes, but even with an office you have people all coming and going at the same time, you could have a problem. MR. BOYEA-That's true. MR. HUNSINGER-Yes, if it's peak hour, yes. MR. FERONE-Yes. MR. HUNSINGER-I would imagine that peak hour for a hotel is different than the peak hour for traffic on Main Street currently. MR. BOYEA-Yes. You get people like me that check-in at midnight, and then you get people that want to use the pool and check-in at four. So, you know, it is a mix. MR. HUNSINGER-Yes, right. Any other questions, comments? MR. MAGOWAN-Yes, what about this bat thing? MR. BOYEA-Yes. So that was all submitted, that there's no bats on the property, but it was a suggestion of the report that, try to do all clearing prior to April 1St if possible. We don't see a need why it couldn't be possible. At worst we would just take the trees down and leave the 7 (Queensbury Planning Board 02/16/2016) stumps in through here, but again, we want to just make sure everybody's, you know, we're being as proactive as we possible so that this can be a this year project. MR. MAGOWAN-And plus the ground being still frozen makes it a little easier, too. MR. BOYEA-Yes, although this is phenomenal soil over here. MR. MAGOWAN-Sandy? MR. BOYEA-Yes. I think we went down 30, 40 feet and didn't hit water. MR. HUNSINGER-Any other questions, comments? Any concerns with requesting the Lead Agency Status? Would anyone like to make the motion? RESOLUTION SEEKING LEAD AGENCY STATUS SP PZ 51-2016; AV PZ-0069-2016 SWITCHCO WHEREAS, the Town Planning Board is in receipt of Site Plan & Area Variance applications for: Applicant proposes to develop a portion of a 16.38 acre parcel for a 13,800 sq. ft. (footprint) 4 story, 100 room Holiday Inn Express hotel. Site work includes construction of an access road, installation of parking spaces, landscaping, lighting and stormwater management. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, motels shall be subject to Planning Board review and approval. WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review process under the State Environmental Quality Review Act (SEQRA); WHEREAS, the Planning Board of the Town of Queensbury has identified the project to be an unlisted action for the purposes of SEQRA review pursuant to 6 NYCRR 617; WHEREAS, the Planning Board is the agency most directly responsible for approving the actions because of its responsibility for approving the land uses for the property; NOW THEREFORE BE IT RESOLVED, The Planning Board of the Town of Queensbury hereby indicates its desire to be Lead Agency for SEQRA review of this action and authorizes and directs the Zoning Administrator to notify any other potentially involved agencies of such intent. MOTION TO SEEK LEAD AGENCY STATUS IN CONNECTIONS WITH SITE PLAN PZ 51- 2016 & AREA VARIANCE PZ 69-2016 SWITCHCO, LLC. Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: According to the resolution prepared by Staff. Duly adopted this 16th day of February, 2016 by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Ms. White, Mr. Deeb, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf MR. BOYEA-Thank you. MR. HUNSINGER-Now I understand you represent the next applicant as well? MR. BOYEA-That's correct. SITE PLAN PZ 54-2016 SEAR TYPE UNLISTED BIG BAY LODGING, LLC (HILTON HOME2 SUITES) AGENT(S) BOHLER ENGINEERING MA OWNER(S) FRANK J. PARILLO ZONING Cl LOCATION BIG BAY RD., SE CORNER OF CORINTH RD. APPLICANT PROPOSES TO CONSTRUCT A 15,095 SQ. FT. (FOOTPRINT), FOUR STORY HILTON HOME2 SUITES HOTEL BUILDING WITH 89 ROOMS, ASSOCIATED PARKING AND INTER-CONNECT BETWEEN CORINTH AND BIG BAY ROADS. PROJECT INCLUDES SITE WORK FOR STORMWATER MANAGEMENT AND CONNECTION TO MUNICIPAL WATER AND SEWER. SEQRA — PLANNING BOARD SEEKS LEAD AGENCY STATUS 2/16/16. PENDING SEQRA COORDINATION — PURSUANT TO CHAPTER 179-3- 040 OF THE ZONING ORDINANCE, MOTELS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS REQUESTED FROM HEIGHT, FAR, 8 (Queensbury Planning Board 02/16/2016) PHYSICAL ACCESS. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV WARREN CO. REFERRAL FEBRUARY 2016 LOT SIZE 2.3 ACRES PORTION OF 6.70 ACRES TAX MAP NO. 309.13-2-2 THROUGH 9 SECTION 179-3-040 CHRIS BOYEA, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-This applicant proposes to construct a 15,095 sq. ft. footprint, 66 foot high four story Hilton Home2 Suites Hotel building. This is to have 89 rooms. Project includes associated parking and inter-connect between Corinth and Big Bay Roads. The project includes site work for stormwater management and connection to municipal water and sewer. Again, the Planning Board is seeking Lead Agency Status. MR. HUNSINGER-Okay. Thank you. MR. BOYEA-Okay. Again for the record my name is Chris Boyea. I'm with Bohler Engineering and with me tonight is Josh O'Connor with Bohler as well as, actually the property sponsor Bobick who would be the hotel owner and operator for this facility, and this is pretty exciting. Bobick has got other hotels and is a well-established operator, and actually I think we do have one other person in the audience. I'll just make sure that you're aware, is Frank Parillo who is the owner of the land, all that land that's over there by Taco Bell, and so we're fairly familiar with this area. I should tell you that Bohler did the Taco Bell there as well as the hotel that was across the street as well as the McDonald's. So we know the soil and the traffic and things of that nature fairly well up in this area, and what we have here is the aerial showing, McDonald's is here. This is the Taco Bell is here, and then there is vacant land here that Mr. Parillo owns here, and then this is the Curtis Lumber facility that's visible there from the Interstate that's there. So what they're proposing to do is create this lot and divide it off. So Bobick will actually own the dirt and build the hotel here. That's different than the Taco Bell which is a lease site. All of our minimum lot criteria is met, so that we have all that in place, and what we're going to do, again, based on some comments from Town Staff and Planning and what we've done with the Taco Bell is we're not going to really create any more curb cuts or driveways out onto Corinth Road. So that kind of was all thought out when we did the Taco Bell, and we've got one centralized drive that's right between everything here. So we're just going to continue to use that as it was designed for, and then we would have the access out here to Big Bay to get to the light. This is a very nice product that's coming in to this market. This is going to be the Hilton Home2 Suites that's here. Give you a glimpse into that, I know we're not going to look at that until next time we're here, but just so that you can get an idea of what we're looking at. This project, all we're looking for, again, this is similar to the last, which is we just want to start the SEQR process, but I also want to talk, just so that if there's any questions, comments or concerns about, again, a waiver, that this falls under the jurisdiction of this Board, which is a landscape buffer between uses. So we're in the same zone. There's no issues with zoning. Curtis Lumber, I believe, is an existing nonconforming use in this zone here. So it's the same zone as we are. We are providing a landscaped. Let me see this board here, well, it doesn't have the landscaping on it, it's just green, but we're providing a small strip of green through here, which will have a fence and some shrubs that's in there. We felt that the buffer is more for our Hilton guests than it would be for Curtis Lumber that's there. So we wanted to make sure that we provide a fence and some shrubs back there to achieve that, although the buffer doesn't meet the full criteria, and we think that that buffer in case it backs up to a residence or if it backs up to a use that would be non-compliant that wouldn't co-habitat good together. So we don't think necessarily its full intent was probably meant for this situation where we have a Hilton and then we have a Curtis Lumber, which is literally just goes, it goes back to those buildings. It's a parking and then storefront that's there. So pretty high traffic area for Curtis Lumber right there. Again, that's it. I just wanted to bring those two things up and then we're going to continue to go forward with Zoning Board and then be back here for the Site Plan approval. MR. MAGOWAN-What is the minimum buffer there? JOSH O'CONNOR MR. O'CONNOR-It's 50 for all the buffers between uses. MR. BOYEA-Yes, 50. MR. MAGOWAN-That's 50 feet that little green space? 9 (Queensbury Planning Board 02/16/2016) MR. HUNSINGER-That's what's required. MR. BOYEA-No, no, that's what's required. MR. MAGOWAN-So I want to know how much is there. MR. BOYEA-So what we have here, as you can see here, this is going to be about six feet that we have here, 6.5 that' there, and then there's a fence. That line with the X's in it is our symbol for a fence that's there. MR. MAGOWAN-Well, I look at it this way. It's too long a ways for snow removal, for both sides, from Curtis, you know, it's a long straight shot into Curtis and those. That's not much, you know, six feet is not that much distance between parking lots. MR. BOYEA-Yes, if we break this area into two, it would probably be about a 100 foot run for snow removal, but the truck would have to drive in there, so it would have to be planned out. MR. MAGOWAN-Well, you know, I'm thinking of both sides. I mean, you've got Curtis on one side so you've got all that snow that's got to go, you know, they've got to bring their snow this way and Curtis has got to go to the back, but, you know, I'm just, you're asking for things we might see and I'm, six feet's not a whole lot there. MR. HUNSINGER-You were out plowing today. MR. MAGOWAN-Yes, and when it's wet and heavy, you know, it goes where it wants to. I mean, I know we're just here for SEQR, but I mean, you're asking for some things that might pop up down the road. AUDIENCE MEMBER-Could I add something? MRS. MOORE-No. MR. HUNSINGER-Yes. Sorry, sir, there's no public hearing. MR. MAGOWAN-Sorry, Glen. MR. HUNSINGER-Any other questions, comments from the Board? Since I have the opportunity tonight, I just want to thank Mr. Parillo for the clearing that he did on those sites, because I don't know if you had represented him or not, but it was quite a while ago he came before the Board to clear a lot of the brush and trees and he promised to leave the big trees and, you know, a lot of times we kind of feel like people are telling us what we want to hear, but I really thought they did a good job. MR. MAGOWAN-They really did. I agree with you. MR. HUNSINGER-It opened it up. You could see what was there. I just wanted to commend you on that. MR. MAGOWAN-It was pretty thick, but once it was all done, and I was just over there the other day, going to Kamco there and you know you look over, now I'm picturing, you know. MR. BOYEA-You can't picture the old house with the garage with the collection of stuff that was out front. MR. HUNSINGER-1 mean, personally the only comment that I would make about the waiver is, you know, as you pointed out, it's really more for your guests than it is for Curtis, but I don't know if you have any conversations with any of the Curtis Lumber, or if they have any issues or concerns. MR. BOYEA-1 haven't had any conversations with Curtis, but we can certainly reach out there. Yes, I mean, as far as snowplowing for Curtis goes, I don't think that they've piled the snow there today. They don't own the land. I mean, at the property line is Mr. Parillo's MR. HUNSINGER-Right. MR. BOYEA-But we can certainly reach out to them. 10 (Queensbury Planning Board 02/16/2016) MR. MAGOWAN-Well, I'm just not saying, I think snowplowing is one thing. The other thing is six feet is not a whole lot of difference in between. That, to me, almost sounds like you're stacking it on top of each other, and, you know, and the poor people on the back side of the hotel are going to be looking out onto, you know, the roofs of Curtis Lumber there and, you know, you've got a little strip there of buffer. It's not just snow removal. I'm just wondering if you can get a little bit more green so maybe you could put a tree up there or two with the, you know, bring some color back in. MR. BOYEA-Okay. We'll take a look at that. MR. HUNSINGER-Any other questions, comments? Any concerns with the Lead Agency request? MR. TRAVER-No. MR. MAGOWAN-Are you seeking a motion? MR. HUNSINGER-Are you ready? RESOLUTION SEEKING LEAD AGENCY STATUS SP PZ 51-2016; AV PZ-0074-2016 BIG BAY LODGING, LLC WHEREAS, the Town Planning Board is in receipt of Site Plan & Area Variance applications for: Applicant proposes to construct a 15,095 sq. ft. (footprint), four story Hilton Home2 Suites hotel building with 89 rooms, associated parking and inter-connect between Corinth and Big Bay Roads. Project includes site work for stormwater management and connection to municipal water and sewer. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, motels shall be subject to Planning Board review and approval. WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review process under the State Environmental Quality Review Act (SEQRA); WHEREAS, the Planning Board of the Town of Queensbury has identified the project to be an unlisted action for the purposes of SEQRA review pursuant to 6 NYCRR 617; WHEREAS, the Planning Board is the agency most directly responsible for approving the actions because of its responsibility for approving the land uses for the property; NOW THEREFORE BE IT RESOLVED, The Planning Board of the Town of Queensbury hereby indicates its desire to be Lead Agency for SEQRA review of this action and authorizes and directs the Zoning Administrator to notify any other potentially involved agencies of such intent. MOTION TO SEEK LEAD AGENCY STATUS IN CONNECTIONS WITH SITE PLAN PZ 54- 2016 & AREA VARIANCE PZ 74-2016 BIG BAY LODGING, LLC, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver. According to the resolution prepared by Staff. Duly adopted this 16th day of February, 2016 by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf MR. HUNSINGER-You're all set. MR. BOYEA-Thank you so much. MR. HUNSINGER-Yes, you're welcome. MR. BOYEA-We'll see you hopefully soon. MR. HUNSINGER-Yes. We have three projects for Recommendations to the Zoning Board of Appeals. PLANNING BOARD RECOMMENDATION TO THE ZONING BOARD OF APPEALS: 11 (Queensbury Planning Board 02/16/2016) SITE PLAN PZ 57-2016 SEAR TYPE TYPE II RONALD & CYNTHIA MACKOWIAK AGENT(S) HUTCHINS ENGINEERING OWNER(S) SAME AS APPLICANT ZONING WR LOCATION 9 GLEN HALL DRIVE APPLICANT PROPOSES A NEW 530 SQ. FT. GARAGE TO BE 23.6 FT HIGH WITH A TWO CAR GARAGE ON THE MAIN LEVEL AND THE SECOND FLOOR TO BE AN OPEN STORAGE AREA, LOCATED ON EXISTING GRAVEL AREA. PURSUANT TO CHAPTER 179-6-060 OF THE ZONING ORDINANCE, WORK WITHIN 50 FEET OF 15% SLOPES SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS REQUESTED FOR HEIGHT, SECOND GARAGE AND SETBACK. PLANNING BOARD SHALL PROVIDE RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE HOUSE RENOVATIONS SP9-14; SP 74-14, AV 8-14, AV 58-15 WARREN CO. REFERRAL N/A LOT SIZE .81 ACRES TAX MAP NO. 289.11-1-33 SECTION 179-6-060 MR. HUNSINGER-And it's my understanding that they have requested that we table their application? MRS. MOORE-Yes. It's my understanding that we should table them until the first meeting in June, which is June 21St MR. HUNSINGER-Wow. Why so far? Down in Florida for the winter? MRS. MOORE-1 don't know. I'm assuming it's in the spring. MR. HUNSINGER-Yes. So June 21St? MRS. MOORE-Yes. We did not have a public hearing scheduled. So if anyone would like to make that motion? RESOLUTION TABLING SP PZ 57-2016; AV PZ-0059-2016 RONALD & CYNTHIA MACKOWIAK MOTION TO TABLE SITE PLAN PZ 57-2016 & AREA VARIANCE PZ-0059-2016 RONALD & CYNTHIA MACKOWIAK, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: Tabled until the June 21, 2016 Planning Board meeting at the request of the applicant. Duly adopted this 16th day of February, 2016, by the following vote: AYES: Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Deeb, Ms. White, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf SITE PLAN PZ 62-2016 SEAR TYPE TYPE II CURTIS D. DYBAS OWNER(S) DOMINICK & KATHLEEN DI MARTINO ZONING WR LOCATION 97 BIRDSALL ROAD APPLICANT PROPOSES CONSTRUCTION OF 100 SQ. FT. BREEZEWAY BETWEEN THE GARAGE AND HOUSE AT THE SECOND FLOOR. PURSUANT TO CHAPTER 179-13-010 OF THE ZONING ORDINANCE, EXPANSION OF NONCONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS REQUESTED FOR FLOOR AREA RATIO. PLANNING BOARD SHALL PROVIDE RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE BP 2002-334 REPLACE DOCK; BP 93658 DWELLING ALTERATIONS, AV 64-2016 WARREN CO. REFERRAL FEBRUARY 2016 LOT SIZE 0.179 ACRE TAX MAP NO. 289.17-1-35 SECTION 179-13-010 CURT DYBAS, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-This applicant proposes construction of a 100 sq. ft. breezeway between the garage and house. The Board is doing this as a Planning Board recommendation. The applicant requests relief from floor area ratio where 22% is allowed and the applicant proposes 47%. The existing floor area is 45%. MR. HUNSINGER-Good evening. 12 (Queensbury Planning Board 02/16/2016) MR. DYBAS-Good evening. For the record, Curt Dybas representing the DiMartinos. It's fairly straightforward. The DiMartino's have owned this property for 20 years. As you know, the aging process. They have a very dangerous situation, concrete area between a garage and a house with a lot of steep drops around it and they come up on weekends, and with snow and ice they would like to cover it and have an open area, open both sides, a roof between the garage and the house. Unfortunately the property is overdeveloped, and it was when they bought it and it has not changed, and we're trying to resolve a problem and also build some new railings around it. If anyone's been down there, it's very interesting. We want to rail off some of these canyon drops, but it's quite a site. MR. MAGOWAN-There's a lot of steps, that's for sure. MR. DYBAS-A lot of steps, and there's also some eight, ten foot drops, drop-offs and no railings. We stared this project in the summer, and I don't think I'd want to go down there right now. So I'm before you for a recommendation to go to the ZBA. MR. HUNSINGER-Questions, comments from the Board? MR. TRAVER-It's only a two percent increase in overall floor area. So it seems like a sensible project to me. MR. MAGOWAN-It's all concrete in between so really all you're doing is just building it up to give them a walkway across and a covered roof to make it easy. The access, what, between the garage and the house there. MR. HUNSINGER-Any other comments from the Board? Would anyone like to make a recommendation? RESOLUTION RE: ZBA RECOMMENDATION RE: AV PZ-0064-2016 CURTIS D. DYBAS The applicant has submitted an application for the following: Applicant proposes construction of 100 sq. ft. breezeway between the garage and house at the second floor. Pursuant to Chapter 179-13-010 of the Zoning Ordinance, expansion of nonconforming structure shall be subject to Planning Board review and approval. Variance: Relief is requested for floor area ratio. Planning Board shall provide 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. PZ-0064-2016 CURTIS D. DYBAS: Introduced by Brad Magowan who moved its adoption, seconded by Stephen Traver; and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal - Duly adopted this 16th day of February, 2016 by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf MR. HUNSINGER-You're all set. Good luck. MR. DYBAS-See you soon. SITE PLAN PZ 53-2016 SEAR TYPE UNLISTED JASON SOUTHWOOD OWNER(S) JACK & GAIL DE GREGORIO ZONING CM LOCATION 974 STATE ROUTE 9 APPLICANT PROPOSES TO REFACE AN EXISTING 2040 SQ. FT. BUILDING WITH A NEW 13 (Queensbury Planning Board 02/16/2016) FACADE WITH PEAKED ROOFS OVER THE DOORS. ALSO INCLUDES A NEW FRONT STONE FACING. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, MODIFICATION TO AN EXISTING BUILDING SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS REQUESTED FROM FRONT SETBACKS. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 65-2015, SP 25-90 RETAIL WARREN CO. REFERRAL FEBRUARY 2016 LOT SIZE .66 ACRES TAX MAP NO. 296.13-1-68 SECTION 179-3-040 JASON SOUTHWOOD, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-This applicant proposes to re-face an existing 2,040 sq. ft. building with a new facade with peaked roofs over the doors. It also includes a new front stone facing. The applicant is before the Board for a Planning Board recommendation to the ZBA, and relief requested is for the roof overhang. The requirement is a 75 foot setback. The applicant proposes 35.4, and currently the overhang is 35.7 feet. MR. HUNSINGER-Okay. Thank you. Good evening. MR. SOUTHWOOD-Good evening. How are you? MR. HUNSINGER-Good. If you could identify yourself for the record. MR. SOUTHWOOD-Jason Southwood. MR. HUNSINGER-Do you want to tell us a little bit about your project? MR. SOUTHWOOD-Sure. We purchased this building, we closed on it on Friday, actually, and we would, it's 974 Route 9, almost right across from the drive-in movie theater on Route 9 there. To the north they're re-doing a new building. It's going to be a day spa. So we're trying to keep up with the neighborhood here. Cumberland Farms right next door has also been recently re-done. So the plans here that you guys have is the front of the building. We're looking to do a stone facade up to a small overhang roof that currently exists and has cedar shake shingles on. It does not continue the whole length of the building, as you can see on the drawing here by this red dotted line here is where it currently ends right now. We're looking to tear that off, extend it and keep it the same distance between the building and the road. The only thing that would come out I believe that's almost four inches further would be the small gable roofs over the two doors. If you look at, I believe it's A 3 in the drawings you can see the four inches of the gable roof over on the left hand side that comes out past the existing overhang roof. MR. MAGOWAN-That's just a gutter, isn't it? MR. SOUTHWOOD-Whatever you want to call it, a gutter works for me. So that's what we're looking to do, a stone facade, most likely a metal green roof, keep it an Adirondack style, new windows, new doors, black frames, display windows, and this window, the window currently in A-1 is smaller than the other two windows, and we're looking to make them all the same size. MR. MAGOWAN-It would really dress up the front of that, and like you said, with the series of buildings. MR. SOUTHWOOD-Yes, it's not very pretty now. MR. MAGOWAN-I don't have an issue with the four inches there. Because the gables really break that up, too. MR. SOUTHWOOD-I think it'll give it some depth. It's just a flat front now. I think it'll give it some nice depth to it and that's the reason we're doing it. MR. MAGOWAN-And also if you're going to have two businesses in there, you'd have a separation. MR. SOUTHWOOD-Well, that was another thing I wanted to bring up was actually I just discussed it with Craig today on the phone he told me bring it up. He said you guys would most likely want me to come back, but I'll throw it out there, just so you're aware of it. Currently my wife and I were going to make this entire space one retail store. After purchasing it on Friday 14 (Queensbury Planning Board 02/16/2016) from Steve, he was the realtor on the deal, being in there and looking at it, I think we'd want to split it up. We were going to do a retail store on the larger area to the right here, and if you look on the drawing you can see somebody had busted through that wall at one time. It must have been two separate businesses at one time. I'd like to put that wall back up and separate it into two separate spots, and I would like to do on the left side here, the north side, probably a deli, a small deli in there, deli counter, meats, sandwiches. No restaurant, no hood system, no ovens, no fryers. Just a deli counter. Come and get your sandwich, your soup and you're out of there. I've proposed on this side a retail shop. I don't know if anybody cares, but we were proposing a gun store, rifles, handguns, shotguns, ammunition and accessories. MS. WHITE-What about the little building in the back? MR. SOUTHWOOD-The little building in the back I have no current plans for. I'm not going to change it. I'm not going to do anything into it right now. Just doing storage. MR. MAGOWAN-It's more of a shed though, isn't it, a big shed? MR. SOUTHWOOD-It's 53 feet by 12 feet wide, 53 feet long by 12 feet wide. It does have a propane heater in it, but. MS. WHITE-1 used to quilt in there, when it was the Quilting Bee. MR. SOUTHWOOD-Yes, I think they used it as a spin room. They had spin bikes in there recently. MS. WHITE-It was the workout place. MR. SOUTHWOOD-Apparently the last few businesses that were in there, I think there was a fireworks shop and a gym and maybe a gym before that. Apparently nobody really went through the proper channels of doing what they were supposed to do with the Town. So my wife and I are trying to do everything right and bring it all up to par so we don't have any problems in the future and even future tenants don't have any problems. The Town's aware of everything we want to do there and if it doesn't work out then somebody else is ready to go in and we're ready to lease this space out. MR. MAGOWAN-Now you're currently running a gun shop? MR. SOUTHWOOD-No, this will actually be our first retail venture. My wife and 1, we own, we flip houses for a living and our main business is we own two bar/taverns in Saratoga on Caroline Street. We've been in the bar/restaurant business for 24 years, and we've had those places down there for a little over five years. We had three. We actually just sold one, all right on Caroline Street, and then, it's great, but we actually live up here and we live on Cleverdale. It's a little bit nicer to be a little bit closer to home than to do something here, and personally I like taking properties that don't look great and make them look better. MR. MAGOWAN-It's all part of flipping. MR. SOUTHWOOD-It is, you know, it's really perception. I mean, you know. MR. HUNSINGER-So the one obvious thing I see that you'd need to do, if you wanted to have two tenants in here, is you'd need to have another bathroom. MR. SOUTHWOOD-Well, this, it doesn't show it in the drawing, but there actually, where this opening is between the two buildings, there was a hallway there that extended own to pick up that bathroom, and this, actually this storage room over here at one time was another bathroom. Currently the red box in there is a shower. I don't know why there's shower in there. MR. HUNSINGER-Yes, I saw that on the plans. MR. SOUTHWOOD-Yes. It's not a very nice shower, but I plan on getting rid of it. So, but I would still like to continue to use that as storage, possibly put in a slop sink, you know, for the mop and stuff, and I think if 1, 1 can build a 36 to 40 inch hallway down here that would be enough to get, you know, a wheelchair down there comfortably and the bathroom is definitely handicap accessible, has enough turnaround space in it. It's got grab bars already. I mean, it's basically a handicap bathroom. MR. MAGOWAN-You've got a seven ten by nine? 15 (Queensbury Planning Board 02/16/2016) MR. SOUTHWOOD-Yes, five foot turnaround I think is ADA. MR. MAGOWAN-Yes. MR. FERONE-Mr. Southwood, is the building sprinklered or anything like that? MR. SOUTHWOOD-It is not. It's one floor. There is no sprinkler system at all. It's gas forced hot air. There currently is no even central air which I will be putting in. MR. MAGOWAN-Are they roof mounts? MR. SOUTHWOOD-No. The connectors are out back. Right now outside this mechanical room here. MR. FERONE-So with having munitions and stuff like that on site, that's not a requirement? MR. SOUTHWOOD-I'm sorry? MR. FERONE-For having munitions on site and stuff, that's not a requirement because you're storing that type of material? MR. SOUTHWOOD-The only thing, I actually met with the ATF this morning. The only thing that they have a problem with is black powder, and that's not, there's smokeless black powder which is fine. You can basically just put it in a cabinet and nobody has a problem with it, ATF, fire department or New York State. If you go with the traditional black powder, that's a little more heavy duty. They want to see fireproof rooms, nowhere near any electrical, fire ratings, but I don't plan on carrying that. MR. FERONE-I was going to say, stay away from that. MR. SOUTHWOOD-Yes. It's just easier, you know. MR. TRAVER-Pyrodex. MR. SOUTHWOOD-Yes. So, yes, I plan to stay away from that. MR. HUNSINGER-What other information do we need from him if he wanted to have two separate uses in there? MRS. MOORE-Right. So to move forward on two separate uses, that information needs to be presented to the Board, right now you only have information on the retail store. MR. HUNSINGER-Right. MRS. MOORE-So we would need to table the application, if we were to proceed in that direction, and then that information would be forwarded to you to make the Planning Board recommendation. MR. HUNSINGER-That wouldn't impact the variance request that he has, though. MRS. MOORE-Well, the whole project goes together. MR. HUNSINGER-Right. MRS. MOORE-So it would table both of those items, if we were to proceed. MR. HUNSINGER-We'd need to table both of them? MRS. MOORE-Right. MR. HUNSINGER-That's too bad. MR. SOUTHWOOD-Yes, my goal is to, I submitted my building permit and the inside is approved, but the outside is what the holdup is, and the outside, whether it's one or two, is going to remain the same. MR. HUNSINGER-Right. 16 (Queensbury Planning Board 02/16/2016) MR. SOUTHWOOD-I'm not changing that. The windows, door size, roof height, everything is the same, lighting, everything. Basically on the inside it would be putting up one partition wall about eight feet long. MR. HUNSINGER-Almost would have been better if you'd have said this at Site Plan Review. MRS. MOORE-Right. So, I mean, the applicant could, if he proceeded forward now, just as a retail store, would be a site plan modification, in the future. So there is an avenue to look at. MR. HUNSINGER-1 assume you want to get started right away? MR. SOUTHWOOD-Yes. I have all my materials ready to go, basically, and as soon as we get nicer weather I'm going for it, and Craig just told me to bring it up to you guys tonight, just to throw it out there. He said you might want me to come back next month. I don't think he thought it was going to hold up the front of the building, but I'm not sure. MR. MAGOWAN-Basically how Laura explained it is if you want to proceed with just the singular store right now, for your proceedings to get the ball rolling and keep it moving, and then if you decide, as you've already decided, and you can start on your paperwork to do a, what did you call it? MRS. MOORE-A Site Plan modification. MR. MAGOWAN-Yes, a Site Plan modification. MR. SOUTHWOOD-Okay. Sure. MR. MAGOWAN-Is that something that, am I correct? So you understand that this way? Because by bringing this up you're changing the project, by making it two, and that's not what we have, and we're here to approve this. Even though it's not going to change the front, you know, it's all part of your package deal here. MR. TRAVER-On the other hand, if you want to do all the construction for the two sites now, it wouldn't be that difficult to modify the application and resubmit it, and then you'd have approval, at least theoretically, to move ahead without the wall. MR. SOUTHWOOD-So just leave it as is now and deal with separating it at a later date? MR. TRAVER-Well, if you leave it as it is now, the advantage is you can theoretically get started with the approval. The downside is then you're not going to be able to split it up into two, as I interpret it, you won't be able to do two separate facilities. So you're wall that you wanted to put up and all that stuff would have to wait until. MR. SOUTHWOOD-Until the next. MR. TRAVER-Until you submitted an updated site plan and said I want to modify it and now I want to change the interior and put two stores in it. MR. SOUTHWOOD-Right MR. TRAVER-If you go back and you change what you submitted tonight and say from the beginning and say I want to do two stores, then you only have to go through this process once. MR. SOUTHWOOD-Right. MR. TRAVER-But it means that rather than forwarding it to the zoning, to the ZBA tonight, we would have to re-look at a not significantly changed, but a changed application and deal with that. MR. SOUTHWOOD-Right. So why don't we just leave it alone and I'll just. MR. MAGOWAN-1 mean, you really just want to work on the outside. Correct? MR. SOUTHWOOD-Yes, I just want to get my, they already have these drawings in the Building Department and they were just waiting for approvals to okay them. They already approved the inside, the interior one, for what I propose so far. I'd probably still have to give them an updated drawing with that wall in there pretty much. 17 (Queensbury Planning Board 02/16/2016) MR. MAGOWAN-Well, like I said, it's a little bit more of a process now because you're going to have to come back to us for your review because you're changing. So you're going to have to re-submit a. MRS. MOORE-1 do have one other thought that might work as well. If the Board chooses to table the application until next Tuesday, and you would submit revised information. The Zoning Board could table their piece on Wednesday. The Planning Board sees the entire new application or at least the new drawing that says that we're modifying the proposal for Planning Board recommendation, and then the applicant would be seen at the Zoning Board on Wednesday and then come back in March for the Planning Board. MR. DEEB-I mean, you're still going to have to go to the Zoning Board anyway. MRS. MOORE-Correct. MR. DEEB-So I'm thinking why not go to the Zoning Board tonight, and then, it doesn't make any difference. It would delay him. MR. SOUTHWOOD-1 think I was scheduled for tomorrow and I've got to be here next week, too. MRS. MOORE-For the Planning Board, three meetings total. MR. SOUTHWOOD-Three meetings, yes. MR. DEEB-But, I mean, you want to get going. I would, if you want to submit it to the Zoning Board, I'd say we go ahead and do that. MR. HUNSINGER-1 see what you're saying. MR. DEEB-It's going to have to happen anyway. MR. HUNSINGER-Yes. MR. DEEB-Either way it's going to have to happen. So if you try and say come back again, you're going to delay them out a little farther. MR. HUNSINGER-You sure you want two stores? MR. SOUTHWOOD-It's not me, trust me. It's my wife who conveniently couldn't make it. MR. DEEB-I mean, the modification doesn't require him to go back to the Zoning Board. It just requires him to come back here. MR. HUNSINGER-Yes, it just requires him to come back here. MR. DEEB-So, I mean, I think that's the more efficient way. MR. MAGOWAN-Yes, that keeps him going and he can work on the front, but I'm just going to have to warn you, I wouldn't be doing anything on the interior because we're watching you now. MR. DEEB-We act on this tonight. If he wants to do a Site Plan modification, he's going to have to come back anyway, and he can do that. MR. MAGOWAN-Like I said, you'd have to be back, he'd have to file by when? MRS. MOORE-By March 15th for April. MR. FERONE-But you'll get your approval as far as right now. MR. SOUTHWOOD-Yes, and 90% of the work inside is painting anyway. So it's not, the only thing is that wall actually. That's the only thing I want to build. MR. HUNSINGER-So only a couple of members commented on the variance request. Are there any other comments or concerns about that? MR. TRAVER-No, I don't have a problem with that. 18 (Queensbury Planning Board 02/16/2016) MR. FERONE-It's pretty clear. I think the work you're doing in the front and the design and everything really makes that building look very nice. MR. SOUTHWOOD-Thank you. MR. HUNSINGER-1 drive by that building almost every day, and it's so funny. Just the other day when I was driving by I'm like, you know, I wonder why no one has bought this building and fix it up. MR. SOUTHWOOD-I've seen a lot of businesses come and go. I hope it's not cursed. MR. MAGOWAN-The Quilting Bee was here for a long time. It just has to be the right business, and like I said, I think your first proposal there is very nice. MR. HUNSINGER-The only site plan issue I have is on the drawings that were submitted. You really didn't lay out the parking. You didn't really talk about the parking requirements. MR. SOUTHWOOD-The only parking I did was on the worksheet there. MR. HUNSINGER-Right. MR. SOUTHWOOD-1 believe that there's currently 13 spots, one handicap and 13 spots currently. If you go around the back of that building, they didn't pave it or anything. So we are actually connecting to the Town septic system because there's currently septic system there, and we talked to Chris over at Wastewater, and he's happy, as long as it's connected before, I think, the 31St of May, which my plumber's already talked to him and he's ready to submit the stuff for tomorrow. So we've basically got to dig up a lot of that parking lot anyway to get out to the road, is my point, so we're going to end up paving a lot of it. So we'll probably end up adding spaces. MR. HUNSINGER-Well, you need to show that on your site plan. MR. SOUTHWOOD-Okay. All right. MR. HUNSINGER-Yes, and you can just work with Laura to make sure you submit all that. MR. SOUTHWOOD-Yes. MR. HUNSINGER-But I certainly don't have any problems with the variance request. MR. MAGOWAN-No, I'm good. So everybody good? MR. HUNSINGER-Yes, we're good. RESOLUTION RE: ZBA RECOMMENDATION RE: AV PZ-0065-2016 JASON SOUTHWOOD The applicant has submitted an application for the following: Applicant proposes to reface an existing 2040 sq. ft. building with a new facade with peaked roofs over the doors. Also includes a new front stone facing. Pursuant to Chapter 179-3-04 of the Zoning Ordinance, modification to an existing building shall be subject to Planning Board review and approval. Variance: Relief is requested from front setbacks. 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. PZ 0065-2016 JASON SOUTHWOOD: Introduced by Brad Magowan who moved its adoption, seconded by Stephen Traver; and 19 (Queensbury Planning Board 02/16/2016) a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal - Duly adopted this 16th day of February, 2016 by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Ms. White, Mr. Deeb, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf MR. HUNSINGER-Good luck. MR. SOUTHWOOD-Thank you guys. MR. HUNSINGER-Yes. OLD BUSINESS: SUBDIVISION NO. 9-2015 PRELIMINARY & FINAL STAGE GORDON & CYNTHIA HOYT AGENT(S) BARTLETT, PONTIFF, STEWART & RHODES, PC OWNER(S) GORDON & CYNTHIA HOYT ZONING MDR LOCATION CHESTNUT RIDGE ROAD APPLICANT PROPOSES A TWO LOT SUBDIVISION OF A 4.7 ACRE PARCEL INTO ONE LOT OF 2.361 ACRES AND ONE LOT OF 2.342 ACRES. APPLICANT DOES NOT PROPOSE ANY DEVELOPMENT AT THIS TIME BUT INTENDS IT FOR SALE FOR SINGLE FAMILY HOMES. PURSUANT TO CHAPTER A-183 OF THE ZONING ORDINANCE, SUBDIVISION OF LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 68-2011, SUB 4-2008M WARREN CO. REFERRAL N/A LOT SIZE 4.7 ACRES TAX MAP NO. 290.-1-94 SECTION CHAPTER A-183 GORDON HOYT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-This applicant proposes a two lot subdivision of a 4.7 acre parcel. One lot is to be 2.361 acres and the other lot is to be 2.342 acres. Under Preliminary Review I've noted that an additional plan was submitted, and that shows the location of the stone walls and the wooded areas and the existing field. The survey that was provided to us earlier in December didn't have the initial information. It showed the pre-existing conditions. So I just wanted to make sure the Board was aware that some portion of the stone wall has been moved and the applicant at this time doesn't propose any septics or wells or house locations, and that in the past this application has been put forth in reference to those things are to be developed and they would come back for site plan review. That's how the applicant wanted to proceed. MR. HUNSINGER-Okay. Good evening. MR. HOYT-Good evening. My wife and myself live on Chestnut Ridge Road, and across from our house we have a parcel of land that we own between four and five acres, and we're coming to the Board to get permission to divide that into two building lots, and I refer to the Staff comments which I think pretty much describe it. The applicant proposes a two lot subdivision of a 4.7 acre parcel. The lots are to be, Lot One is to be 2.361 acres and Lot Two at 2.342 acres. There are no new streets or lots with access to Chestnut Ridge Road. The applicant proposes to sell the land with no improvements to either lot, and I would emphasize there we have no plans to build anything on there or develop it in any way. It's just vacant land which we have for sale for someone to buy and build on. MR. HUNSINGER-Just for the record, you're Mr. Hoyt? MR. HOYT-Yes. MR. HUNSINGER-Okay. Questions, comments from the Board? MR. MAGOWAN-Yes, we've had this before. MR. HOYT-You had it before on the moving of the stone wall. MR. MAGOWAN-Right. 20 (Queensbury Planning Board 02/16/2016) MR. HOYT-Yes. MR. MAGOWAN-So it's been moved? MR. HOYT-About 200 feet of it has been. MR. MAGOWAN-Any good findings between all those rocks? MR. HOYT-No. MR. TRAVER-Wasn't there some local historical concern relating to the dismantling of the wall? MR. HOYT-Well, it's a myth that a Methodist minister came through here in the 1890's and built stone walls all over. I've never found anybody to substantiate that. So like I say, the Board did give prior approval to the moving of the stone wall to the north boundary of the property and we have moved maybe 200 feet of the wall. Beyond that, are there questions? MR. TRAVER-So portions of the walls have already been moved? MR. HOYT-Well, the one wall runs diagonally across the property as you can see if you look at the plan. It makes it very difficult to build upon. MR. TRAVER-Right. MR. HOYT-And also if you look at the wall itself, you can see in places it's probably 12 feet wide at the base. The base is probably six, eight feet wide. The height varies. It's really not the historical monument that some people build it up to be. MR. TRAVER-So, just to clarify, did I understand that you're proposing to move a portion of the walls or that you have already moved a portion? MR. HOYT-We have moved approximately 200 feet of the wall. MR. TRAVER-You have already done that? MR. HOYT-Yes. MR. MAGOWAN-It says 75 feet moved. Have you gone farther? MR. HOYT-Pardon? MR. MAGOWAN-It says 75 feet removed. MR. HOYT-Well, I would accept that. MR. MAGOWAN-That's a lot of rocks. It probably felt like 200 feet, didn't it? MR. HOYT-It's a lot of rocks. MR. TRAVER-Well, we have a public hearing on this. MR. HUNSINGER-Any other questions, comments from the Board? We do have a public hearing scheduled for this project. Is there anyone in the audience that wishes to address the Board? Okay. If you could give up the table, please, sir, so we could have the public hearing. The purpose of the public hearing is for members of the audience to comment on the project. I would ask anyone who wishes to address the Board to state their name for the record and to speak clearly into the microphone. The microphone is used to tape the meeting. The meeting tape is posted on the Town website and the tape is also used to transcribe the minutes. Good evening. PUBLIC HEARING OPENED SHARON MULL MS. MULL-Good evening. I'm Sharon Mull. I'm the property directly north of this subdivision, and only a couple of concerns I do have. Yes, it did say that the stormwater was to be re- located, which would be up against my property. It's supposed to be this nice, so high, so wide perfectly established stone wall. Haven't seen it yet, but, and then just north of me there is 165 21 (Queensbury Planning Board 02/16/2016) foot road frontage with a nice house on it, and all the property starts at the same level, at the road, but by the time it gets behind my garage, with the amount of fill that's been brought in, the driveway is actually built up on about a seven foot rock wall. So, I mean, all the water was diverted. They had to stop that. All the water then had to go down into a drain pipe to go along the edge of a pre-existing stone wall, which because of all the fill that was brought in at that point it's three feet above the stone wall. So the water obviously is going to go to the lowest point, which was on to me, so they had to run it all through an eight inch pipe. I want to make sure that there are precautions in this other edge, on the 100 foot wide lot, that my property is going to be protected from any future runoff, water shed off the roofs, because the one north of me, it sheds right towards me, and that's not 165 foot. So I want to make sure my property is protected, at least that the stone wall is built so if they have to put a drain in to make sure the water's not diverted to me that it stays on their own property, and that's not asking for much. MR. TRAVER-Have there been any issues with that portion of the wall that's already been re- located? MS. MULL-You mean it's been picked up and just dumped? It's not been established. It's just been dumped in a semi, you know, it's supposed to be a foot off the property line. I forget the height, 30, 40 inches, whatever, however many wide it is. It's not. It's just dumped there. That's where it started four years ago on Mother's Day weekend, and that's the way it stayed. Nothing has been built, but I do want to make sure that my property is protected from, because you know there's going to be fill brought in on it for a 100 foot wide lot. MR. HUNSINGER-Is fill necessary to build on the area? MS. MULL-Well, there's quite the taper from the road all the way down, but if you look, if you went behind my house and you looked at all the other houses, yes, everybody's property goes up like that and diverts. So if that one is built and it has to, you know, to go up to the foundation, I have virgin land, not touched. So where's the water going to go? MR. HUNSINGER-Right. It goes to the low spot. MS. MULL-To the lowest point. So I just want to make sure, I don't object to a subdivision, but I'm going to make sure I'm protected, because I've gone through this before. MR. HUNSINGER-Sure. MS. MULL-And with the neighbor to the north of me, exactly, I mean, the driveway's elevated seven feet above my property, behind my garage. You're right, they have no place to put their snow. Where does it go? It goes on to me. So I just want to make sure my property's protected from any future, okay. MR. HUNSINGER-Thank you. MS. MULL-Thank you. MR. MAGOWAN-So how much lower is your property now to the proposed lots? MS. MULL-It's all virgin soil as it stands right now. MR. TRAVER-So you're saying elevation difference. MS. MULL-No, it was all originally, the one graded field. MR. MAGOWAN-It was probably farmland at one time. MS. MULL-Yes. I've got almost 600 feet of road frontage right there, but yes, it does just all go down, well, quite the slant, quite the slope. MR. MAGOWAN-All the way down to Sanford Ridge. That's where. MS. MULL-Actually, no. I own from Chestnut Ridge directly down to County Line Road. So I go from one road to the other. MR. MAGOWAN-County Line Road, sorry, not Sanford Ridge. County Line Road. MS. MULL-Correct. 22 (Queensbury Planning Board 02/16/2016) MR. MAGOWAN-There was a gentleman, Bill, that converted a, I think there was a house and a barn. MS. MULL-He converted the barn into a house, yes. Mike Crayford, yes and his goes out and T's to the back behind the two houses to my. Actually he doesn't, he T's off behind me, the two properties north of me, and then two properties north of him. MR. MAGOWAN-Okay. MS. MULL-So, yes, he doesn't actually go down to County Line. You can't quite see it. He's got a big T. Actually that might be. MR. MAGOWAN-Up a little further? MS. MULL-No, that's the one he wants to subdivide. The next one is me, and the next one is me, and then the next one is the 165 foot lot that, yes, and then of course both of those properties they go into like a valley between the two properties for all the water to run and the one just north of me had to put it through, drain all the way down, and then the one right next to it, the big T, that's the one, the barn, that's Crayford. I think it's because he's got wetlands behind him, he couldn't. MR. HUNSINGER-Okay. Thank you. MS. MULL-Okay. Thank you. MR. HUNSINGER-Anyone else? MRS. MOORE-I do have a letter to read into the record. MR. HUNSINGER-You can come back to the table, sir. MRS. MOORE-Okay. This is addressed to the Planning Board and Zoning Board. "This is concerning the subdivision for applicants Gordon and Cynthia Hoyt on Chestnut Ridge Road. My issues are as follows: There has already been a large subdivision of farmland on Chestnut Ridge Road resulting in many many new homes, which has affected the surrounding older homes water supply. Our home has had water issues ever since the new houses were built. Bill Barrett, who lives a few houses down from me, has just recently had to have well drillers at his home. Before these homes in the new development area were built there was never any problem with the older homes water supply. I have talked to the town on many occasions through the years about having water lines going the full length of Chestnut Ridge Road. The water runs up Ridge Road beyond Chestnut Ridge and there is a fire hydrant right at the entrance to Chestnut Ridge Road. If this application is approved for more new homes to be built, I am requesting that town water pipes be laid down the entire length of Chestnut Ridge Road to alleviate any further water problems. If this does not happen, I am against any more building and subdivisions on Chestnut Ridge Road. Also I am requesting this letter be read out loud at the next Planning Board and Zoning Board and accepted into the records concerning this application before anything is approved. Sincerely Susan Clements Kozak 118 Chestnut Ridge Road" MR. HUNSINGER-Okay. Thank you. Any other written comments? MRS. MOORE-No. MR. HUNSINGER-Okay. Comments, concerns from the Board? MR. TRAVER-I just had a question for Staff. There's indication that there was a previous application and approval on this property. Do we know if the conditions of that approval were complied with or if that was verified? It had to do with moving of the stone walls. MRS. MOORE-As explained, the entire wall has not been moved yet. So it is still an open site plan. MR. TRAVER-Still an open. MRS. MOORE-It hasn't been completed. So it's still open. MR. TRAVER-Okay. So does that need to be completed before we look at this? 23 (Queensbury Planning Board 02/16/2016) MRS. MOORE-In this case the applicant has stated that a portion of the wall has been moved, and that you still have that pending piece, yes. MR. TRAVER-I'm hearing that it wasn't moved, that it was dismantled and put in a pile, which is different than moving. MR. HOYT-Can I make a comment? MR. TRAVER-Sure. MR. HOYT-The rocks have been moved a distance of maybe 125 feet, and another wall has been built on the north boundary of the property. So, if that helps. MR. TRAVER-Okay. MR. MAGOWAN-Were they built or were they dumped? Does it look like the stone wall that was kind of there? Or does it just look like a pile of rocks that were dumped out of a dump truck? MR. HOYT-They haven't been laid up artistically, no. MR. MAGOWAN-Okay. Because I know that was, I remember the project and I know it was a, you know, a big content of moving them up into the north one. MR. TRAVER-Yes. I remember that, too. I don't remember the details, but I thought that it was, they were to be re-built in another location so the walls themselves would in effect be moved, but they would be preserved, because there was a lot of discussion. I remember a lot of local people talking about the history of the whole thing. MR. HUNSINGER-Yes, there were newspaper articles. MR. TRAVER-Yes, so, I mean, myself personally, I would just like to verify that that is completed before we talk about another project, because of that importance. I remember all the discussion and planning that went into that first. So if that hasn't been done, let's finish Plan A before we go to Plan B, is my feeling. MR. HUNSINGER-Any other comments? MS. WHITE-1 agree with Steve. I would like to see the progress and really take a look and see if, you know, because we're kind of hearing two different things here. MR. TRAVER-If we get a report from the Town saying, okay, they've finished, you know, we've looked at it, they've moved the wall. They've set up a new wall over here, whatever, whatever the original, and I don't remember the details of the original proposal, but I do remember there was one, and myself I'd like to start that, because I would hate to see something happen with this property. We had an application not long ago, and I don't remember which one, you might remember it, where there was a site plan for a piece of property. The site plan was never completed, and then the property was sold, and the new owner had a problem because we were questioning, well, why wasn't this done the way it was supposed to be, and as I understand it that's the potential problem we have here, that we have a wall that's been not re- located, but dismantled, destroyed, and if we sell it, then the new seller's going to come in with a site plan proposal for a new house, and somebody's going to go up there and say, you know, you ruined the wall, what's supposed to be re-located, and they're going to say, you know, it's too late now because the Town didn't require the previous plan to be completed. So that's just my, without looking at the original material, which I think we should look at, or I'd like to look at, I would like to see that verified by the Town, that that first portion is done before we look at this. MR. HOYT-We have had a person out there looking at the property, an employee of the Town. MR. MAGOWAN-Still but that site plan is still open, you know, it's not closed. So it's not complete. So now you're asking, you came in and you asked for permission to do this before we got into, well, we have to move the stone walls to do this, before we can move to the next step, and that step is not completed yet. MR. TRAVER-Transferring the property to somebody else who might have a. 24 (Queensbury Planning Board 02/16/2016) MR. MAGOWAN-So, you know, if we approve it, and you end up sell it, and the people buy that, and we say, well, you've got to move the rocks over there, they'll say, well, that wasn't our deal. MR. TRAVER-Yes, exactly. So, you know, we can't approve one thing until the agreement we had before is completed. MR. HOYT-What was our prior agreement? MR. MAGOWAN-Moving the stone wall to the north side. MR. HOYT-Yes, we agreed it could be done. It's been partially done. MR. MAGOWAN-But it's not completed. MR. HOYT-You're talking a wall of several hundred feet. MR. MAGOWAN-Well, like I said, I can't remember the details that we had and Steve, so. MR. TRAVER-Yes, I would like to see those, and of course I don't have any of that paperwork. I would like to see that submitted to all of us so that we can take a look, and perhaps we can get some understanding, versus whatever the proposal was. MR. HOYT-I suggest, Mr. Traver, you take a few minutes someday, just go out and look at the wall that's there. You'll see that some places the wall is as wide as this table, the base of it, and in other places it might be half, and it's obviously a farmer clearing his land who threw them up there to get them out of the way. MR. TRAVER-Yes, I mean, I think that's the history behind all the stone walls in the area, yes. So I think it's just, you know, let's understand exactly where we are and we can move forward with this application. MR. HUNSINGER-So would you suggest we table this? MR. TRAVER-Yes, I guess so. I would like to look at the, I'd like a report on what the original site plan was and what is the current status, what needs to be completed, so that we don't, we're not selling property as that previous, which I apologize I can't remember the applicant, but I remember having, feeling sorry for an applicant that came in and we were kind of complaining about unresolved issues with site plan, and they were saying, well, you know, what am I going to do, sue the, there was some talk about a lawsuit. MR. HUNSINGER-That was right across the street. MS. WHITE-Yes, across from The Glen. MR. HUNSINGER-Yes. MS. WHITE-Right down in that area. MR. TRAVER-That sounds familiar now. Yes. MR. MAGOWAN-Yes, the Amedores. MR. TRAVER-So 1, you know, I mean, if we can avoid that, here's a case where maybe we can avoid a lot of problems for this applicant and potential landowners. So why don't we get it, let's get it straightened out now rather than try to do it at some point down the road, and then we'll be square. MR. HUNSINGER-Do you want to table this to next month? MR. TRAVER-Well, yes, I guess we could. MRS. MOORE-You could table it to potentially an April meeting, but our March meeting, the deadline has already passed for March. MR. TRAVER-And again, could we, or at least 1, could I request that the paperwork from that original application, just so, to refresh my memory of what was. 25 (Queensbury Planning Board 02/16/2016) MRS. MOORE-So I'll give you a synopsis plus the resolution plus I'll have a conversation with Bruce Frank who handles open sites, and ask him if he can provide some information back to myself or directly to the Board. MR. TRAVER-Perfect. Yes. MR. HUNSINGER-Yes, I guess my feeling is we're not asking the applicant to submit information, but we're asking to review the Town's files. So I don't, I guess I wasn't thinking this was a. MRS. MOORE-Well, potentially, there's a potential thought that there's this previous site plan, Site Plan 68 of 2011, that was specifically for the re-location of the rock wall. If the applicant's not going to continue relocation, then it's a modification of that site plan. So that might be coming back before the Board, and once you have that information or once we work with the applicant and Staff in the office, look, we need to amend your previous site plan if you're not going to continue, so that the Board knows the full, the whole picture. MR. TRAVER-A lot of it, to me, though, again, because of the walls themselves, it has to do with the language of the original site plan. I mean, yes, we can modify the site plan and say we're not going to move anymore walls, but even what little or whatever amount has been moved, was the approval to re-locate or to destroy? That to me makes a big difference. MR. HOYT-How do you destroy a rock wall? MR. TRAVER-Well, you start with a rock wall I think everybody can identify, and if you destroy it, it's no longer a wall. It is a simple pile of boulders, right? I guess that, to me, is what. MR. HOYT-It's a simple pile of boulders now. If you could tell me exactly what I can do or what I can't do. I don't really understand the conversation. MR. TRAVER-Well, that's what we're going to look at is what is the status of the previous application for the re-location of, as I, my recollection is re-location of the walls, and you might get a recommendation for a modification of that because it sounds like maybe you're not going to move as much as you originally thought. So we want to first take a look at what plans you have to fulfill that original site application. If you don't plan on completing it, then you can just modify it and say, I've changed my mind. I'm not going to do the whole thing and here's where we're at, and then we can move on to the second project. MR. HOYT-There was an editorial in the Post Star which might make interesting reading for you that, on the limitation of someone moving rocks on a property he owns. I have a copy I can make for you. MR. TRAVER-That might be helpful for Staff. MR. HUNSINGER-That would be helpful. Yes, thank you. MR. TRAVER-Absolutely. MR. HOYT-In the Post Star a few months ago now. MR. HUNSINGER-I sort of remember it. MR. HOYT-Yes. MR. HUNSINGER-So you're suggesting we would have to table this to April. MRS. MOORE-Correct. MR. HUNSINGER-Okay. MR. MAGOWAN-19th or the 26 th?. MRS. MOORE-The April meetings would be the 26th or the 28tH MR. TRAVER-Are you looking for the meeting dates in April? MR. HUNSINGER-Yes. 26 (Queensbury Planning Board 02/16/2016) MR. TRAVER-1 have the 20th and the 27th is what I have on my, no, I'm sorry, I have the 20th and the 28th for some reason. MR. FERONE-In April there's a primary. So this room is not available. MR. HUNSINGER-On the 19th, yes. MRS. MOORE-Correct. MR. MAGOWAN-So 19th out. Then we're going on the 28 th? MR. TRAVER-The 26th or the 28tH MR. MAGOWAN-Okay. MR. HUNSINGER-The 26th, April 26tH MR. MAGOWAN-The 26th. All right. RESOLUTION TABLING SUB# 9-2015 GORDON & CYNTHIA HOYT MOTION TO TABLE SUBDIVISION NO. 9-2015 GORDON & CYNTHIA HOYT, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: Tabled to the April 26, 2016 Planning Board meeting for which the Planning Board will get the previous Site Plan resolutions of the stone wall and to determine if we're going to be doing any modifications to that site plan. The Planning Board is also going to get a report from Staff on the status of the previous project. Duly adopted this 16th day of February, 2016, by the following vote: MR. HOYT-And we're postponing the site plan for two months? MR. HUNSINGER-Yes. April 26tH MR. HOYT-And what will you be doing in the two month period? MR. HUNSINGER-Well, you're going to give some information to Staff and Staff is going to get some information for us. MR. TRAVER-They will work with you to clarify where we're at with all of this, because there's some loose ends still apparently, and they will work with you to ascertain what if anything we need to do move forward. It sounds like there will need to be some clarification of your project. MR. DEEB-Mr. Hoyt, Laura will work with you so you know exactly what we're doing. I know you're confused, but we'll get it straightened out so that you'll know what's going on. MR. HOYT-I hope so. MR. DEEB-And Laura will help you with that. MR. HOYT-Okay. We would like to get the property sold and we will do whatever you tell us to do, but if you would just tell us what you want done. MR. HUNSINGER-Okay. Any further discussion? Call the vote, please. AYES: Mr. Deeb, Ms. White, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf MR. HUNSINGER-And just for the record, we left the public hearing open. We will take public comments at the April 26th meeting as well. NEW BUSINESS: SITE PLAN PZ-0044-2015, SPECIAL USE PERMIT PZ-0050-2015 SEAR TYPE UNLISTED PERFORMING ASSET STRATEGIES OWNER(S) PERFORMING ASSET STRATEGIES 27 (Queensbury Planning Board 02/16/2016) ZONING MS LOCATION 87 MAIN STREET APPLICANT PROPOSES TO CONSTRUCT TWO COMMERCIAL BUILDINGS WITH AN EXISTING SINGLE CURB CUT. BUILDING ONE PROPOSED TO BE TWO STORY 76' X 48 . A PROPOSED SECOND STORY BUILDING MAY BE CONSTRUCTED IN THE FUTURE. POSSIBLE USES INCLUDE RESTAURANT, COFFEE SHOP, DELI, WINE STORE, MEDICAL OFFICE, TO PROMOTE PEDESTRIAN AND MIXED USE BUSINESSES. PURSUANT TO CHAPTER 179-10-040 OF THE ZONING ORDINANCE, COMMERCIAL DEVELOPMENT ON MAIN STREET SHALL BE SUBJECT TO A SPECIAL USE PERMIT. ALSO, PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, COMMERCIAL DEVELOPMENT ON MAIN STREET SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 72-2000; SP 63-2000 7 MOD.; SP 2-2003 & MOD. WARREN CO. REFERRAL JANUARY 2016 LOT SIZE 43,200 SQ. FT. TAX MAP NO. 309.10-1-37 SECTION 179-3-040, 179-10- 040 MR. HUNSINGER-They have asked that we table this until the March meeting, and I believe there's a resolution in your package. MRS. MOORE-Just for Board reference, I did talk to, I shared an e-mail with the applicant and I said it may be possible we may not be able to do it in March, but I just want to make sure that that opportunity is open to you, if you'd like to make your decision if you want to table that applicant to the first meeting in March or to a different time. MR. HUNSINGER-There was really no explanation in the package as to why they asked to be tabled? MRS. MOORE-He has a family conflict. MR. HUNSINGER-Okay. Does that exist in March? MRS. MOORE-The first meeting in March he said was okay with him. It's the second meeting in March that I don't think he's able to make. MR. HUNSINGER-Okay. MR. MAGOWAN-So what are we talking? Let me make sure I have the right dates. MR. HUNSINGER-Are you here to represent the applicant? AUDIENCE MEMBER-No, I'm here as a neighbor right behind this property. This property buts up to mine. MR. HUNSINGER-Okay. AUDIENCE MEMBER-And so she's saying they're not going to present it tonight. MR. HUNSINGER-No. We're not going to hear the project this evening. Would you be available to come back in March? AUDIENCE MEMBER-Depends on when in March. MR. HUNSINGER-It would be the 15tH MR. TRAVER-It would be the 15th or the 22 nd AUDIENCE MEMBER-I'll be out of town the 22 nd MR. MAGOWAN-So the 15th it is. AUDIENCE MEMBER-What day is the 15th. MR. HUNSINGER-It's a Tuesday. The third Tuesday. AUDIENCE MEMBER-Okay. I should be able to come. MR. MAGOWAN-Is the 15th open? MR. HUNSINGER-That was the date they suggested, right? 28 (Queensbury Planning Board 02/16/2016) MRS. MOORE-That is the day that is suggested. MS. WHITE-But will that work on your schedule? MRS. MOORE-We'll make arrangements. I know that, due to the fact that we have SEQR coordination with other projects, those projects end up filtering into March. So your agenda in March becomes very full as well. I can make, today was the deadline day, so I'll be adjusting applications now. MR. HUNSINGER-Okay. MR. MAGOWAN-Okay. RESOLUTION TABLING SP PZ-0044-2015 & SUP PZ 0050-2015 PERFORMING ASSET MOTION TO TABLE SITE PLAN PZ-0044-2015 & SPECIAL USE PERMIT PZ-0050-2015 PERFORMING ASSET STRATEGIES, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: Tabled to the March 15, 2016 Planning Board meeting. Duly adopted this 16th day of February, 2016, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf MR. HUNSINGER-Ma'am, if you want, you can also submit written comments that would be read into the record the night of that meeting. AUDIENCE MEMBER-Well, I assumed that this was the time when he was going to be explaining his project. MR. HUNSINGER-Yes. AUDIENCE MEMBER-And so I wanted to listen to that conversation. So I can still go on to the website and see the order of what it will be? MR. HUNSINGER-Yes. MRS. MOORE-Actually, you could actually see the plans that are presented. So you can either visit the office and I can show you the plans they submitted or you can look on line at those plans that are on line already. AUDIENCE MEMBER-Okay. Will we get a new notice as a neighbor in the neighborhood? MRS. MOORE-No, because that public hearing is now open, it's been tabled, or you can call the office or check the website. AUDIENCE MEMBER-Okay. Thank you. MR. HUNSINGER-Okay. Thank you. SITE PLAN PZ 52-2016 SEAR TYPE UNLISTED DUKE CONCRETE PRODUCTS, INC. AGENT(S) THE FORT MILLER GROUP OWNER(S) SAME AS APPLICANT ZONING Cl LOCATION 50 DUKE INDUSTRIAL PARK APPLICANT PROPOSES TO MAINTAIN AN EXISTING CONSTRUCTION/STORAGE YARD (BUILDING SUPPLY) FOR MATERIALS AND FINISHED PRODUCT. PROJECT IS AN EXPANSION OF USE ALLOWED IN 1975 TO ADJOINING PARCELS. SITE WILL MAINTAIN EXISTING MANUFACTURE BUILDING, OFFICE AND ASSOCIATED PARKING. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, A BUILDING SUPPLY YARD SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SUP 58-1975 WARREN CO. REFERRAL FEBRUARY 2016 LOT SIZE 3.93 ACRES & 1.45 ACRES TAX MAP NO. 302.8-2-1, 302.8-2-2 & 25 SECTION 179-3-040 JOHN HEDRICK, REPRESENTING APPLICANT, PRESENT 29 (Queensbury Planning Board 02/16/2016) MR. HUNSINGER-Laura? MRS. MOORE-This applicant proposes to maintain an existing construction/storage yard for materials and finished product. Project is an expansion of the use allowed in 1975 to the adjoining parcels. The site will maintain an existing manufacture building, an office and associated parking. There are items indicating that waivers are requested, and there's nothing that actually changes on the site other than that it's for storage, adding it to the 1975 project. MR. HUNSINGER-Okay. Thank you. Good evening. MR. HEDRICK-I'm John Hedrick. I'm President of the Fort Miller Group and Fort Miller owns Duke Concrete. We're under concrete to sell Duke Concrete on March 4th and part of the due diligence of the new owners was to get a letter from the Planning Board that the property was in compliance. So when we did that we found out that on these two parcels we may not be in compliance. It's going to age me, but 1 1982 1 was involved in the original purchase of Duke from Joan Kubricky, and there's three parcels. There's the main parcel where the office and building is, where the block manufacturing is. There is also a small parcel behind about 1.5 acres that was a rail siding, and we purchased that because at that point in time they were bringing brick in by rail. Since that time that's now a bike path and we still use it for stocking aggregates, basically from our Dream Lake operation, and in the fall and going into the winter we're going to store aggregates there to fill the aggregate bins, and then on the other side, the larger property, about three and a half acres. When we bought the property there were some septic tanks, pre-cast concrete septic tanks being stored there that they were re-selling. There was also equipment, truck equipment and trailers that were stored on that property. So as they are doing now, we asked for a letter of compliance from the Planning Board, and we received one which I think is in your packet, and it was zoned M-2 at that point, which is heavy industrial. In fact it said in there you could even build a cement plant, which is like Glens Falls Cement, which was not our interest, and it went from Everts Road over to Bay Road, the M-2 zone did. So we thought that was sufficient for all three parcels and went ahead and made the purchase and here we are 30 some years later. Somebody asking to see if we're compatible use to those two parcels, which I guess were never built into, which I've never seen, but they had a 1975, there was a special permit that was issued to build the plant and these two parcels were not part of that special permit. So we are using exactly the same reason we're using it for the same purpose that was being used back then. We're just storing product across the street. Two changes that we made. We put a fence around the area, just for reliability purposes, when we store products. We also, at the request of the neighbors back in 1985, closed off the Duke Road that's a private road that goes through the property. We don't own that. We have a lease for perpetuity to be able to use that road because when the permit was issued it was issued to come in to the industrial park off of Bay Road. So that's the road we access the park now, and that's the way it was accessed back in 1982. So that's kind of where we are. We need, in order to go through with the sale, we need to have a letter from the Planning Board that we're in compliance with zoning. Zoning now has been changed. It was M-2. It's been changed to CLI. Everything we're doing is within the CLI. We're just basically warehousing. So we haven't changed. We haven't built. We're just using it for the same purpose. The zoning has been changed from M-2 to CLI. MR. HUNSINGER-1 thought it was just me because I had no idea why you were here. MR. HEDRICK-1 really didn't either. MR. HUNSINGER-Now I understand. So you can sell the property. MR. HEDRICK-Exactly, yes. That's why. Just for information, it's a good sale. It's going to help Queensbury. It's going to help the Town because we're selling to a block manufacturer out of Oneonta. Very long established family business and combining the two of them makes sense and we weren't interested in acquiring a business in Oneonta so we sold. MR. HUNSINGER-It was interesting when, you know, we typically go on site visits, I haven't been in there in years, and I didn't know that you had driveway pavers there. MR. HEDRICK-We have for years. MR. HUNSINGER-Yes. MR. HEDRICK-We both manufacture and we re-sell them. MR. HUNSINGER-Wow, interesting. I knew you sold blocks, but I didn't know. 30 (Queensbury Planning Board 02/16/2016) MR. HEDRICK-Basically anything that's used for masonry supplies we sell. MR. HUNSINGER-Okay. Any questions, comments from the Board? MR. FERONE-It doesn't look like they're doing anything different than what they've already been doing. MR. HUNSINGER-No, yes, right. MR. HEDRICK-That's correct. MR. HUNSINGER-Were there any Staff concerns, Laura, any things that need to be clarified? MRS. MOORE-No. Due diligence was used. MR. HUNSINGER-Like I said, I don't know if you heard me, as you were coming up to the table, I was saying why are they here? MR. MAGOWAN-Yes, I was kind of confused, but now that you've really spelled it out perfectly. MR. TRAVER-Yes. MR. HUNSINGER-Yes, it makes total sense. Well, I'm not hearing any questions or comments from the Board. We do have a public hearing scheduled this evening. Is there anyone in the audience that wishes to address the Board on this project? PUBLIC HEARING OPENED MR. HUNSINGER-Any written comments? MRS. MOORE-There are no written comments. MR. HUNSINGER-Okay. All right. Let the record show no comments were received. We'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is an Unlisted action. MRS. MOORE-Yes, because the storage area would be the disturbance. So you'd want to clarify that those areas currently being used as storage weren't part of the original application are described in the environmental review piece. MR. MAGOWAN-Hang on, I better write that down. MR. FERONE-1 just have one comment. There were some documents that were attached here. I don't know if they dated them incorrectly. It says 1/7/2015. I'm betting that was supposed to be 1/7/2016. The Short Environmental Assessment Form. MRS. MOORE-Yes. If that's what it says then it's a typo. MR. FERONE-Okay, but I mean this was with signature it was dated that way. MS. WHITE-It's Page Three of Four, the signature for Gallo. MR. HEDRICK-It's something that we submitted? MR. FERONE-1 don't know if that's something that needs to be corrected. MRS. MOORE-You can correct it as part of your SEQR resolution. MR. FERONE-Okay. MS. WHITE-It's the actual application. MR. HUNSINGER-Okay. 31 (Queensbury Planning Board 02/16/2016) MRS. MOORE-1 see. It's actually, it's on Page 9 of the Site Plan, and it looks like Rosario dated it as 2015. MS. WHITE-Correct. MRS. MOORE-It should be 2016. MR. HEDRICK-Do you want me to change that and initial it? MS. WHITE-Well, it was in the first week of the New Year. It can be forgiven. MR. DEEB-We can amend that. MR. FERONE-I'd hate to have you in the middle of selling and have that come up as a problem. MR. HEDRICK-That's true. MR. HUNSINGER-Other than the typo that George caught, is there any environmental concerns that anyone has identified? MR. FERONE-No. MR. TRAVER-No. MR. HUNSINGER-We do have a draft SEQR resolution if anyone would like to make a motion. RESOLUTION GRANTING A NEGATIVE SEQR DECLARATION SP PZ 52-2016 DUKE CONCRETE The applicant proposes to maintain an existing construction/storage yard (building supply) for materials and finished product. Project is an expansion of use allowed in 1975 to adjoining parcels. Site will maintain existing manufacture building, office and associated parking. Pursuant to Chapter 179-3-40 of the Zoning Ordinance, a building supply yard 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 PZ 52-2016 DUKE CONCRETE PRODUCTS, INC., Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver; As per the resolution prepared by staff. 1. Part 11 of the Short EAF has been reviewed and completed by the Planning Board. 2. Part III of the Short EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. Duly adopted this 16th day of February, 2016 by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE 32 (Queensbury Planning Board 02/16/2016) ABSENT: Mr. Schonewolf MR. MAGOWAN-Now on the next thing, Laura, what were you asking for? MRS. MOORE-There is, the applicant will take care of that. It's a dating the actual application. So it's not necessarily an item for your resolution. The applicant should just re-date that application. MR. MAGOWAN-Do you want that in the resolution? MRS. MOORE-No, I do not. MR. MAGOWAN-But what did you ask for before? MR. TRAVER-1 don't think it was in the resolution. She wasn't proposing to amend the resolution, I don't believe. MR. MAGOWAN-No, I thought you said something about storage clarifying or? MRS. MOORE-No, that's why you completed the SEQR, the environmental review. MR. MAGOWAN-Okay. All right. Because I wanted to write that down. I wasn't going to be able to remember it all. Okay. MR. HEDRICK-Can I change that now and just initial it, or do we need to? MRS. MOORE-You can change that now. MR. HUNSINGER-Are there any concerns with the waivers requested? MR. TRAVER-No. MR. MAGOWAN-No. MS. WHITE-No. MR. HUNSINGER-All right. It's all you. MR. MAGOWAN-All right. RESOLUTION APPROVING SP PZ 52-2016 DUKE CONCRETE 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 an existing construction/storage yard (building supply) for materials and finished product. Project is an expansion of use allowed in 1975 to adjoining parcels. Site will maintain existing manufacture building, office and associated parking. Pursuant to Chapter 179-3-40 of the Zoning Ordinance, a building supply yard 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 2/16/2016 and continued the public hearing to 2/16/2016, 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 2/16/2016; 33 (Queensbury Planning Board 02/16/2016) 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 PZ 52-2016 DUKE CONCRETE PRODUCTS, INC. 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 rg anted: 2) Adherence to the items outlined in the follow-up letter sent with this resolution Duly adopted this 16th day of February, 2016, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf MR. HUNSINGER-You're all set. Good luck. Congratulations on your sale. MR. HEDRICK-Thank you. SITE PLAN PZ 58-2016 SEAR TYPE TYPE II ELIZABETH MILLER AGENT(S) HAL BAIN OWNER(S) ELIZABETH MILLER ZONING MDR LOCATION 1099 RIDGE ROAD APPLICANT PROPOSES TO MAINTAIN AN EXISTING PRODUCE STAND OF 288 SQ. FT. PREVIOUSLY APPROVED IN 2010 AND LIMITED TO 2015 SO APPLICANT IS RE- APPLYING AND WOULD LIKE TO OPERATE INDEFINITELY. SEASONAL OPERATION MEMORIAL DAY WEEKEND OR EARLIER UNTIL OCTOBER/NOVEMBER. PURSUANT TO CHAPTER 179-9 OF THE ZONING ORDINANCE, PRODUCE STAND IN MDR ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE BP2009-404 HOUSE DEMO; BP2009-256 DEMO STORAGE BLDGS; SP54-2010 PRODUCE STAND WARREN CO. REFERRAL FEBRUARY 2016 LOT SIZE 9.47 ACRES TAX MAP NO. 290.5-1-48 SECTION 179-9 HAL BAIN, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-The applicant is proposing to maintain an existing produce stand of 288 sq. ft. It was previously approved in 2010 and limited to 2015. Applicant is re-applying and would like to operate indefinitely. Seasonal operation, Memorial Day weekend or earlier, until October/November. Pursuant to Chapter 179-9 of the Zoning Ordinance, Produce Stand in MDR zone shall be subject to Planning Board review and approval. MR. BAIN-Good evening. My name is Hal Bain. I'm the manager of Sunset Farm and I represent Elizabeth Miller in this application. Elizabeth apologizes she couldn't be here this evening, but I'd be happy to try to answer any questions that you may have. Sunset Farm has operated there on and off since 1927. I believe it's the oldest farm stand in the Town of Queensbury and maybe in Warren County, and the history that I checked, that's as far back as I was able to determine. Elizabeth bought the property around five years ago. We discussed opening it as a farm stand and at the time we hired a gentleman to come in who has the experience of doing that. We opened it up. I got involved from coming from 40 years of sales, coming to be a farmer. I'm not quite sure how that happened, but I went over. He needed help on the weekend, and once he got me in in the dirt over there, there's nothing I'd rather do than to work at that farm stand over there. It's amazing to put a seed in the ground, water it, feed it, pray over it, the sun comes out, the rain comes out and all of sudden you've got something like that coming up out of the ground. It's a great experience and I'm sure you probably have all been there at one time or another, and we'd like to continue that. What we grow there, we grow vegetables, probably 26, 27 different types of varieties. They're all organic. We adhere to all natural and organic procedures at that farm. We give back to that land every year, every fall, we till something back in, whether it's composting or whatever it might be to enrich that soil, that earth that has been very good to us, and we just want that to continue. So what we're asking is for your approval to be able to continue operating the stand, and we plan on operating this for a long time. So we'd like to see if we can get an indefinite approval from you instead of coming before you every five years to do this. So if you have any questions, I'll do my best to answer them for you. MR. HUNSINGER-Okay. Thank you. Questions from the Board? 34 (Queensbury Planning Board 02/16/2016) MR. DEEB-Indefinite's a long time. MR. BAIN-It is a long time. MR. HUNSINGER-So, I mean, personally I don't have a problem with your request. One of the comments I had, though, there seemed to be a discrepancy in the hours of operation. I thought it said, the prior approval, that it was until seven in the evening. Where did I read that? MR. FERONE-That's on the first page. MR. MAGOWAN-The first page. Yes. MR. HUNSINGER-The first page, but then in the application you said from ten until five. MR. BAIN-We operate ten to six. MR. HUNSINGER-Okay. MR. BAIN-Is what we operate, seven days a week. We operate from, normally from Memorial Day to the second or third week in October, is what we do. So those are the hours of operation that we're open. MR. HUNSINGER-Okay. I was just wondering why, in the application, you would limit yourself to a five o'clock closing time. MR. BAIN-I'm not sure how that got in there, to be honest with you, but it's ten to six, and normally if someone is there, if they're pulling in at five of six or something like that and if they want, you know, something we have, then, you know, we'll help them out, but normally ten to six is the hours of operation. I'm normally there from six thirty to six thirty, you know, doing various things, but that's the hours that we're open. MR. HUNSINGER-I guess I was just wondering why we had to specify that. MRS. MOORE-This was the previous approval. I don't know the reasoning behind that. MR. HUNSINGER-Yes. MRS. MOORE-1 couldn't find any information when I looked it up. MR. HUNSINGER-Okay. Do you understand what I was saying? MR. BAIN-I do. MR. HUNSINGER-Okay. Any other questions or comments from the Board? MR. DEEB-I'm a little hesitant to go indefinitely. MR. HUNSINGER-Really? MR. DEEB-Yes. MR. MAGOWAN-It's been there since 1929. MR. DEEB-'27. MR. MAGOWAN-What have you got a problem with vegetables? MR. DEEB-No. MR. FERONE-Do you want to set a precedent because everyone that comes in could want the same thing. MR. DEEB-Yes. I don't mind ten years, from five to ten. MR. MAGOWAN-Well, one of the difference I see here the most is we actually have an established. 35 (Queensbury Planning Board 02/16/2016) MR. HUNSINGER-There's a building. MR. MAGOWAN-Building, you know, it's not a tent, but, you know, I agree, indefinitely. I mean, 10 years is a little bit more reasonable, but if it's going to be a farm stand, you know, and you're never going to change the use, but 10 years from now, you know, I don't know, you're going to end up with Knick knacks and wood things out there. The next thing you know you're going to have the tree carver there, you know, and bee hives and Queensbury honey. MR. TRAVER-That would be a change of use. MR. BAIN-Well, we've been approached by different craft people that would like us to display their products there and sell products there, and it's not something that we're interested in doing. Our focus is the vegetables and the flowers that we have there, and that's, believe me, that's enough. MR. MAGOWAN-The cut flowers are a big thing, too. MR. BAIN-Yes, and we're concentrating more on those, and we do a farm stand over at The Glen at Hiland Meadows for their residents over there every Thursday also that we're approached to sell. We're not looking to add in that, you know, in that direction. Our focus is the vegetables and flowers is what we're going to do, and to say indefinitely. We have some plans, you know, I mean, I'm 70. I'm hoping for another 20 years. I'd be more than happy to do that, but we have some plans with other people, a part-timer that's working with us now in the summertime that maybe down the road that he may want to carry this on also, okay. So we're looking to carry that legacy on is what we're looking to do. So if you're uncomfortable with indefinitely, you know, then that's not a problem. If 10 years is more amenable to you, that's fine with us, and I'll come back in 10 years and we'll go for another 10, if that is easier for you. MR. DEEB-You probably won't see most of us in 10 years. MR. HUNSINGER-Since they have a building, does it really meet the definition of a farm stand? MRS. MOORE-It's a produce stand, yes. MR. TRAVER-It's more of a use, I guess. MR. HUNSINGER-It was worth asking the question. MR. TRAVER-Yes. MR. DEEB-Hal, you're okay with the 10 years? MR. BAIN-Yes, I don't have a problem with that, that's fine. MR. HUNSINGER-It's more than five. MR. DEEB-Less than 20. MR. BAIN-Yes. We just want to maintain the character of that operation that we have there now. So we're not looking to add anything else to that. We sell local maple syrup. The vendors that we sell products that we don't produce is maple syrup. We sell local honey there, pure honey, you know, it hasn't been pasteurized or anything, and we sell Battenkill Valley milk. So we try to do as much locally with anybody that we possibly can, and we appreciate our customers, you know, coming to us. There's tons of options, there's other farm stands, there's, you know, Hannaford, Price Chopper. Wherever you shop, God bless you, that's great. Our clientele each year gets bigger and bigger and it's become sort of like a meeting point for a lot of people where they'll come in and, gee, Jack, I haven't seen you since last year. So it's kind of a gathering place in that respect, you know, on there, and we just want to keep the character of that area. So we're not looking to put another building up. We're not looking to, you know, add on selling antique products or something like that. MR. HUNSINGER-Okay. MR. MAGOWAN-What do you think of that Battenkill milk? There's a big difference, isn't there? MR. BAIN-It is the best. We cannot keep it on the stand. 36 (Queensbury Planning Board 02/16/2016) MR. HUNSINGER-1 didn't know you sold it there. MR. BAIN-Yes, we sell it, and we sell it in the glass bottles also, and it's unbelievable. That chocolate milk is like a Stewart's milkshake. It really is. MR. MAGOWAN-And I'll tell you, you go down to the 1% or even the skim, it still tastes thick, like the regular whole milk that you'd get from the other places. MR. BAIN-Yes, well, that's the type of products that we sell. We sell quality products there, you know, that we grow, and the products that we sell from the other vendors are all quality products, too. So please feel free to stop over at any time. MR. MAGOWAN-So 10 years is good? MR. BAIN-Ten years is fine. I don't have any problem with that. MR. HUNSINGER-Okay. We have a public hearing scheduled this evening. Is there anyone in the audience that wishes to address the Board? Any written comments? PUBLIC HEARING OPENED MRS. MOORE-There were no written comments. MR. HUNSINGER-Okay. Let the record show no comments were received. We'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type 11 SEQR. So if there's no other questions or comments from the Board, a motion would be in order. RESOLUTION APPROVING SP PZ 58-2016 ELIZABETH MILLER 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 an existing produce stand of 288 sq. ft. Previously approved in 2010 and limited to 2015 so applicant is reapplying and would like to operate indefinitely. Seasonal operation Memorial Day weekend or earlier until October/November. Pursuant to Chapter 179-9 of the Zoning Ordinance, produce stand in MDR 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 2/16/2016 and continued the public hearing to 2/16/2016, 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 2/16/2016; 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 PZ 58-2016 ELIZABETH MILLER, 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: 2) Adherence to the items outlined in the follow-up letter sent with this resolution 3) The approval will be granted for 10 years. 37 (Queensbury Planning Board 02/16/2016) Duly adopted this 16th day of February, 2016, by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Ms. White, Mr. Deeb, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf MR. HUNSINGER-You're all set. Good luck. MR. MAGOWAN-See you this summer. MR. HUNSINGER-Yes. MR. BAIN-Thank you very much. MR. HUNSINGER-What time do they deliver? MR. BAIN-They deliver normally around eight in the morning. We open up at ten o'clock. MR. HUNSINGER-So when do you run out, by noon? You said you can't keep it in stock. MR. BAIN-No, we have a pretty good cooler we keep everything in, but I'd just like to thank the Board for your approval tonight. MR. HUNSINGER-Yes, you're welcome. MR. BAIN-But I'd also like to thank the Board for all the work that you do the rest of the year. I don't know if anybody realizes how much work that you put in with the pre-planning and the site visits and listening to people here, you know, all the time and I appreciate it and I hope the rest of the community appreciates it. So thank you very much. MR. HUNSINGER-Thank you. MR. MAGOWAN-Well, thank you. MR. DEEB-We appreciate that. DISCUSSION ITEM: DISCUSSION ITEM SEAR TYPE UNLISTED STAN DOBERT AGENT(S) JARRETT ENGINEERS, PLLC OWNER(S) BENJAMIN ARONSON ZONING MS LOCATION 64 MAIN STREET DISCUSSION ITEM: APPLICANT PROPOSES TO IMPROVE 0.5 +/- ACRE ON THE WEST SIDE OF THE BUILDING FOR PARKING REARRANGEMENT. PROJECT INCLUDES FRONT FACADE CHANGES, INTERIOR CHANGES. CROSS REFERENCE SP64-2015, SUP64-2015, SP21-2002, AV 10-02, SP 49-99, AV 83-99, SP 22-97, AV 19-97, AV 19-97, UV 18-97, UV 14-94, AV 15-94, AV 94-92, AV 29-92, AV 1287 VAR. 777 WARREN CO. REFERRAL ALD LOT SIZE 1.73 ACRES TAX MAP NO. 309.10-1-10 SECTION 179- 9; 179-7 TOM JARRETT & SARA TUTTLE, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. The applicant proposes to alter the west side parking to create 34 parking spaces to assist with company vehicles, customer parking and employee parking. The plans show the Main Street access for the west side is in only. The east side parking was approved previously with two way traffic. In addition, the plans show the defined curb cut areas on the Second street access that was previously a wide open curb cut. The front area of the building is to contain a new facade with transparent window treatments for two floors. The interior floor space will also be amended with office area and meeting space and as part of the application there will also be a new landscaping installed along Second Street and Main Street. MR. HUNSINGER-Good evening. MR. JARRETT-Good evening. With me tonight are Stan Dobert, the owner, and Sara Tuttle, the project architect, and myself, Tom Jarrett of Jarrett Engineers. We saved the best for last, 38 (Queensbury Planning Board 02/16/2016) at least I hope. What you have on the screen in front of you, well, you did have it, was the facade of the building, and I'll let Stan and Sara brag a little bit about the building upgrades that they're proposing. Literally, no offense to the current owner, but they're going to turn a sow's ear into a silk purse here and really enhance Main Street I think. Do you want to do a little bragging on it? MS. TUTTLE-So really what we were going for when we were doing this design was trying to bring a little more life back to the building, re-use it. We actually have not changed the existing footprint of the building. We have enclosed a loading dock, which you can see right there, in the front there, that's conference rooms. We tried to get as much glazing into the front of the building as possible to kind of bring it up to the new design standards. I believe we included an exterior code review in that packet that you have. Although we do not meet the 60% glazing, we did not touch the whole warehouse side of the building, and the most recent addition to the building, which you can see on the left hand side, we've only re-cladded the outside of the building to give it a facelift, and the rest of it is pretty much 90% changed. Other than that, we think that it's going to really brighten up Main Street a lot. It keeps in the same size and scale with some of the new construction going on down that way and think it'll really jazz up that corner more than it is now. MR. MAGOWAN-Well, may I say that I think you did a fantastic job, because that's got to be the ugliest building on the street. MS. TUTTLE-It was hard, trust me. MR. MAGOWAN-No offense on buying such an ugly building, but I have to say, I am just amazed, and I love the idea of the conference room and being able to see people, which I know it's going to be filled with meeting after meeting and selling panel after panels, but I think it's going to look spectacular there. So I can see all the parking and all that, it all come together now. I'm going to want to park there. MR. HUNSINGER-Growth is a good problem. MR. JARRETT-Getting into the mundane part of this project, the site upgrades, in 2012, and then again last fall, you approved upgrades to the eastern portion of the site. We put parking there. We set aside a footprint for a future building on Main Street and set that to the build to line, and that is right there. This parking was designed and approved by this Board, again, last fall, with landscaping strips, landscaping in the front, and an entrance here where that existing driveway is. What we're proposing now is to upgrade the west side of the site, and right now there's a wide open driveway along the front. We're proposing to close that down to a one way in entrance right here, and then traffic would flow along the side of the building and exit here on Second Street. So all the traffic on the west side of the building would exit on Second and none of it would exit onto Main Street. Some customers, but employees especially would park in here, and then equipment, service vehicles and the like would be parking back here near the loading docks. We are proposing lighting on the side of the building to amend, not only the Main Street lighting but the Second Street lighting, and that's downcast, shielded dark-sky compliant lighting, and the site plan that we submitted today shows that there's no spillage off site. We're including landscaping along the perimeter of the site to help buffer the neighbors and buffer drivers on Main Street and Second Street, and coupled with that landscaping strip is stormwater management. That system is designed back to virgin conditions, as if that was a wooded site, not the pre-existing site, because there were runoff concerns on Second Street. So we assumed that the site was wooded and designed it back to that condition. Essentially there's no runoff during a 50 year storm. MR. HUNSINGER-Wow. That'll make your neighbors happy. MR. JARRETT-We hope, yes. We're here for discussion. We know that Main Street is a sensitive corridor. There's a lot going on on Main Street. Stan is anxious to wrap this up in the spring if he can. Business is booming. We thought it made sense to get in front of you tonight, get some comments, get some feedback, and then even though our application is already in for March, hopefully March, if you have major concerns we'll try to address them as best we can. MR. MAGOWAN-I would just like to make a comment, Tom. I have to say that you did a spectacular job of laying out. MR. JARRETT-I didn't do the building. MR. MAGOWAN-No, but the parking. I like the flow. I like you're closing off what you have and you already have, the curbs are there. You really can't do too much with the curbs there. 39 (Queensbury Planning Board 02/16/2016) MR. JARRETT-We've closed them down to make them much more controlled. MR. MAGOWAN-1 just, I like that, that flow looks like it would work, and I like the idea that you're protecting Second Street runoff. MR. HUNSINGER-Yes, it's a major improvement. MR. MAGOWAN-With these two things tonight, I'm tickled. MR. FERONE-You're putting just regular asphalt here? MR. JARRETT-Yes. The sub-soils are so compacted over the years that we felt it would be too expensive to try and put in porous asphalt. MR. FERONE-It looks good. MR. HUNSINGER-Yes. I think it's a major improvement. MR. DEEB-I think it looks good. I think everybody here thinks it looks good. STAN DOBERT MR. DOBERT-Good. MR. HUNSINGER-Where's the solar panels? MR. JARRETT-Well, I'm glad you asked. Solar panels will be all on the roof for sure, and then this parking lot is going to see solar panels along this strip. We're going to have a gap in the middle so that vegetation survives, get sunlight and rain in there, but there'll be a canopy over that. In fact, I have it on the new site plan application, but you don't see it on this. MS. TUTTLE-It's also in the rendering. MR. HUNSINGER-1 think that's, there's very few places where they've done that. I think that's one of the greatest applications is to put it over parking lots. Because you create covered parking so your car's not too hot or snowed on or whatever. MR. MAGOWAN-And you have some small panels in the front of the building there. MR. HUNSINGER-1 saw those, yes. MR. TRAVER-Yes, it's pretty neat. MR. DEEB-So the site plan's been submitted. MR. JARRETT-Today. MR. DEEB-Today. Hopefully it will be on next month. MR. JARRETT-We'll find out soon. MR. DEEB-She's smiling. So I'm not going to say anymore. MR. HUNSINGER-So, I guess the only sort of logical question to ask is the future building footprint on the northern/western/eastern, sorry. MR. JARRETT-Well, when we set that aside four years ago, we had no plans to build there. We just wanted to show the Board that that site, which was a separate parcel at the time, when it was built, we were promising that it would be built to the build to line in front, and that we had enough parking and green space to support that, and by the way, we're increasing green space on the site now with this landscaping plan. MR. HUNSINGER-Yes, I'm sure. MR. TRAVER-It looks nice. 40 (Queensbury Planning Board 02/16/2016) MR. JARRETT-So that's all that's intended there. I don't know what Stan wants to do with it in the future, and with the business doing what it's doing in six months or a year he may sort that out. MR. HUNSINGER-Expand the building probably. MR. JARRETT-It's really just a commitment to the Main Street. MR. HUNSINGER-Yes, understood. Okay. MR. TRAVER-Very nice. MR. FERONE-We look forward to you coming back. MR. JARRETT-We look forward to being back here. The soonest we can get on an agenda. Thank you for your time. MR. HUNSINGER-Yes, thank you. MR. DEEB-Thanks for waiting. MR. MAGOWAN-Thanks for waiting so long. MR. HUNSINGER-Is there any other business to be brought before the Board? Did you have anything else, Laura? MRS. MOORE-I don't have anything else. MR. HUNSINGER-Would anyone like to make a motion? MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF FEBRUARY 16, 2016, Introduced by David Deeb who moved for its adoption, seconded by George Ferone: AYES: Mr. Traver, Mr. Deeb, Ms. White, Mr. Magowan, Mr. Ferone, Mr. Hunsinger NOES: NONE ABSENT: Mr. Schonewolf MR. HUNSINGER-See everyone next week. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman 41