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10-25-2016 (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IlBp:w uY°°d IINfte t lii urns QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING OCTOBER 25, 2016 INDEX Site Plan PZ 230-2016 Legacy Land Holdings, LLC 1. Tax Map No. 296.11-1-48, 49, 54, 55, 60 Site Plan PZ 230-2016 Julie Jarvis & Mike Baird 2. Special Use Permit PZ 221-2016 Tax Map No. 308.15-1-44 Site Plan PZ 22-2016 Harold D. Gordon 16. Tax Map No. 239.12-2-88 Site Plan PZ 231-2016 Michael & Elaine Feeney 18. Freshwater Wetlands Permit PZ 232-2106 Tax Map No. 252.0-1-21 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. I (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IlBp:w uY°°d IIYfte t lii urns QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING OCTOBER 25, 2016 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, ACTING CHAIRMAN PAUL SCHONEWOLF, SECRETARY THOMAS FORD DAVID DEEB GEORGE FERONE BRAD MAGOWAN JAMIE WHITE, ALTERNATE LAND USE PLANNER-LAURA MOORE MR. TRAVER-Okay. Good evening, everyone. We'll call the Planning Board meeting of Tuesday October 25th at the Town of Queensbury to order. There are agendas of tonight's meeting at the table at the rear of the room. We have four items tonight on our agenda. Two of them are being tabled. So we're going to do an Administrative Item and then we're going to re-order our agenda a little bit by dealing with the first item to be tabled, Legacy Land Holdings. So those of you, if you are here for public comment for that application, that will be the first item of regular business on our agenda this evening, and the plan is to table that until next month. So, with that, we do have an Administrative approval of the Revised Site Plan application for the Town of Queensbury. RESOLUTION APPROVING REVISED SITE PLAN APPLICATION — TOWN OF QUEENSBURY MOTION TO APPROVE REVISED APPLICATION FOR SITE PLAN REVIEW FOR THE TOWN OF QUEENSBURY PLANNING BOARD; Introduced by Paul Schonewolf, who moved for its adoption, seconded by Thomas Ford. Duly adopted this 25th day of October, 2016 by the following vote: AYES: Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Deeb, Mr. Ferone, Ms. White, Mr. Traver NOES: NONE MR. TRAVER-All right, and then we're going to make a slight adjustment in our agenda tonight, and we're going to move to the third item on the agenda, Legacy Land Holdings. NEW BUSINESS: SITE PLAN PZ 230-2016 SEAR TYPE UNLISTED LEGACY LAND HOLDINGS, LLC AGENT(S) JARRETT ENGINEERS, PLLC OWNER(S) SAME AS APPLICANT ZONING O LOCATION BAYBRIDGE DRIVE APPLICANT PROPOSES A 3 STORY, 35 UNIT SENIOR HOUSING FACILITY WITH ASSOCIATED SITE WORK FOR PARKING, STORMWATER CONTROL AND LANDSCAPING. PROJECT INVOLVES MERGING LOTS 1, 2, 7, 8 & 13 ANDA PORTION OF LOT 17. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, SENIOR HOUSING MULTI-FAMILY HOUSING SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. PROJECT INCLUDES SUBDIVISION MODIFICATION FOR LOT LINE ADJUSTMENTS FOR CURRENT SITE PLAN AND SP 4- 2011. CROSS REFERENCE BAYBRIDGE SUBDIVISION SUB 15-2006, SP 4-2011, SP 4- 2008 WARREN CO. REFERRAL OCTOBER 2016 SITE INFORMATION WETLANDS LOT SIZE .84 ACRE; .61 ACRE; .89 ACRE; .70 ACRE; 1.23 ACRE. PORTION OF SOME LOTS TO BE MERGED - 3.41 ACRES TAX MAP NO. 296.11-1-48, 49, 54, 55, 60 SECTION 179-3-040 MR. TRAVER-Laura, do you want to give us a briefing on that? MRS. MOORE-Okay. This application is being tabled, but the project is a partial three story 27- unit senior housing facility. This includes site work for parking, stormwater control and landscaping. Part of the project is a subdivision modification of the Subdivision 15-2006 where there's lot line adjustments as well as Site Plan 4-2011. We're tabling it because there's a path (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IlBp:w uY°°d IIYfte t lii urns to the rear of the proposed project that has been requested by the Fire Marshall to be expanded as well as becoming paved so that it's an access issue with the Fire Marshall. MR. TRAVER-Right. So they're going to be modifying the design of the Site Plan and returning, hopefully next month, assuming they make the submission deadline, and this is also a SEQR Unlisted item. So we'll be addressing SEQR in November as well. Correct? MRS. MOORE-Correct. MR. TRAVER-So this item does have a public hearing, and we are going to open the public hearing this evening, although because the plan is being changed, I'm assuming that if there are members of the audience here that planned on addressing this item, you probably would want to wait until you've had an opportunity to look at the revised plans, because they are changing what is currently submitted, but that being said, we will open the public hearing. Are there folks here who want to comment, not about the plan, but perhaps in some way in general or? The public hearing is open, and we will hold the public hearing open with the tabling motion. So as we return to this item next month there will actually be opportunities for public comment both on the environmental quality review assessment that we need to do and also on the site plan itself. So there are going to be a couple of opportunities to comment on this application in November should they make the deadline for submitting the corrected or the updated site plan. So are there members of the audience tonight that want to address this tonight? No? Okay. Very good. Then we will leave the public hearing open on the application, and we will ask for a motion to table this item to November. PUBLIC HEARING OPENED MR. TRAVER-Laura, did you have a meeting in November that you wanted to move this to? MRS. MOORE-There may be one meeting in November. So a meeting in November. MR. TRAVER-That would be a surprise. All right. So that would be likely our first meeting in November. Correct? MRS. MOORE-Yes. MR. TRAVER-Which would be, I see now we had tentatively one on the 15th and one on the 17th. So you're thinking that we may only do the one on the 15th MRS. MOORE-Yes. MR. TRAVER-Okay. So in any case, we'd want to table this to that meeting. So November 15th, Mr. Secretary. MRS. MOORE-It'll be the 15th MR. TRAVER-November 15th of next month. RESOLUTION TABLING SITE PLAN PZ 230-2016 LEGACY LANDHOLDINGS, LLC MOTION TO TABLE SITE PLAN PZ 230-2016 LEGACY LAND HOLDINGS, LLC, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: Tabled until the November 15, 2016 Planning Board meeting. Duly adopted this 25th day of October, 2016 by the following vote: AYES: Mr. Ford, Mr. Magowan, Mr. Deeb, Mr. Ferone, Ms. White, Mr. Schonewolf, Mr. Traver NOES: NONE MR. TRAVER-Okay, and now we resume our agenda in its presented order. Starting with the first item of Old Business. SITE PLAN PZ 220-2016 SPECIAL USE PERMIT PZ 221-2016 SEAR TYPE UNLISTED JULIE JARVIS & MIKE BAIRD OWNER(S) MIKE BAIRD ZONING CLI LOCATION 414 CORINTH ROAD APPLICANT PROPOSES TO UTILIZE A 30 X 60 SQ. FT. PORTION OF AN EXISTING 2,530 SQ. FT. BUILDING FOR A DOG KENNEL. PROJECT INCLUDES A 454 SQ. FT. FENCED IN AREA WITH ACCESS TO BUILDING. PROJECT SUBJECT TO A 3 (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIBp:w uY°°d IINfte t lii urns SPECIAL USE PERMIT FOR KENNEL USE. PURSUANT TO CHAPTER 179-3-040 AND 179-10-040 OF THE ZONING ORDINANCE, KENNELS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 30-90, SP 62-90, AV PZ 219-2016 WARREN CO. REFERRAL OCTOBER 2016 LOT SIZE 1.4 ACRES TAX MAP NO. 308.15-1-44 SECTION 179-3-040 & 179-10-040 JULIE JARVIS & MIKE BAIRD, PRESENT MR. TRAVER-Laura? MRS. MOORE-Okay. This applicant proposes to utilize a 30 by 60 square foot portion of an existing 2,530 sq. ft. building for a dog kennel. Project includes a 454 sq. ft. fenced in area with access to building. The project is also subject to a Special Use Permit for the kennel use. The applicant did receive an Area Variance at the Zoning Board of Appeals and that included having a use less than 10 acres, having a use less than 200 feet from the property line, and having more than one principle use on a lot in the CLI zone. MR. TRAVER-Okay. Thank you. Good evening. You had your application before us before and we sent you off with a recommendation to the Zoning Board and I understand they approved the variances that you had requested. So now you're before us for Site Plan, and I'd ask that you give your names for the record, please. MS. JARVIS-I'm Julie Jarvis. MR. BAIRD-And Mike Baird, owner of the property. MR. TRAVER-Okay, and can you comment on your appearance before the Zoning Board? Did they request any modifications or changes to your application in any way? MR. BAIRD-Yes, without paper in front of me, it was pretty simple. The one thing which is a moot point for me is we reside out back, behind my sign shop, and, I think it was the Chair that said would you mind agreeing to a stipulation that if you ever moved away from the property as the owner of the house, that you would not be able to sell the kennel or keep it going, and I said absolutely no problem. That's the only stipulation that I was aware of. MR. TRAVER-So if you were to sell, let me see if I understand exactly what you're saying. MR. BAIRD-And I understood. It took me a minute to figure out, but. MR. TRAVER-Yes. So in other words, you have a residence there, in addition to this, and what they're essentially saying is that if you ever decide to move away, you sell your house but not the business? MR. BAIRD-No. I actually asked them about that. That's what I meant I didn't get it at first. Because of the live activity, with the specialty which is Julie who handles dogs, unlike my sign shop, for example, they would never make a clause on that. I could sell that tomorrow. It's already pre-approved. They just didn't want somebody who didn't know what they were doing being able, if we ever moved away from the house, to sell the property with that live thing running, and I said absolutely, because if we're not there, she's not there, it's not there. So we have no issue agreeing with that. MR. TRAVER-Okay. So in other words if you, let me try this again. So in other words, if you were to move away, and sell the property. MR. BAIRD-We'd have to shut the kennel down. MR. TRAVER-The kennel would have to be, if whoever acquired the property wanted to continue to operate as a kennel, they would have to appear before us again. MR. BAIRD-Right. They couldn't buy this business, and that is not our intent anyway. MR. TRAVER-Okay. Understood. All right. Thank you for that explanation. Do you have anything to add regarding your application? MR. BAIRD-The only thing I have to add is that, you know, it's been quite, Julie started like nine months ago seeking the Town Board's approval to make sure that everything was kosher, because you know making an amendment into the zoning and so forth. 4 (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIBp:w uY°°d IINfte t lii urns MR. TRAVER-Yes. MR. BAIRD-And I understand we have a letter tonight, and I'll just start that out, with our neighbor and so forth. We have no issues with anything as far as working. As a matter of fact, the Zoning Board mentioned the one contingency about what we just discussed. And I'll leave it with the Planning Board. There are things that can be discussed and so forth, presuming, whatever. I have a brand new facility some years ago with Site Plan Review. It was that building that we're doing this in. It's brand new construction, six inch walls, insulation, the whole thing, and we've got parking. MR. TRAVER-Okay. All right. Thank you, and, Julie, did you have anything you wanted to add? Okay. Well, we do have a public hearing on this application this evening. So it's possible that there may be folks in the audience that want to comment on the application, and I'd just ask, are there folks here who wanted to comment on this application? Okay. I see one gentleman. If you folks wouldn't mind giving up your seat at the table and we'll let this gentleman come up and address the Board on the public hearing section of the application. Good evening, sir. PUBLIC HEARING OPENED GARY BANTA MR. BANTA-Good evening. I'm Gary Banta. I want to read you a letter that's quite concerning. This is along with the letter that Raymond Butler sent, which we brought in this morning. I don't know if you all have copies of that or not yet or not. MR. TRAVER-A second letter by another individual? MR. BANTA-Yes. MR. TRAVER-Okay. Laura, did you receive that? MRS. MOORE-We have received a letter. MR. TRAVER-Okay. MR. BANTA-Okay. So have you read that? MR. TRAVER-We have not. MR. BANTA-Okay. Would you like me to read it to you or would you like to read it yourself? MR. TRAVER-If you'd like to. Sure. MR. BANTA-I'd rather you read it yourself. Let me just add my portion. And take it from there. It's not repetitious, but it is in conjunction to our situation. Ray Butler and I purchased that property 10 years ago from the Ball estate and had re-modeled with new wiring, insulation, plumbing, sheet rocking, plumbing, flooring. MR. TRAVER-Excuse me sir, forgive me for interrupting, but when you say "the" property, this property? The applicant's property? MR. BANTA-The property adjacent. MR. TRAVER-Okay. Next door? MR. BANTA-Yes. MR. TRAVER-Okay. MR. BANTA-We're the only two houses between Baird Signs and Webb Graphics. MR. TRAVER-Gotcha. MR. BANTA-On the west side. MR. TRAVER-It just wasn't clear from your initial comment. 5 (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IlBp:w uY°°d IINi ee t lii urns MR. BANTA-I'm sorry. I thought you would have read the other letter, which would make this letter a follow up. MR. FORD-It just came in today? MR. BANTA-Yes. MR. FORD-It will be read into the record, correct? MR. TRAVER-Yes, it will be part of the record for sure. MR. BANTA-So I'll start with this, and it tells you the majority of what I have to say. This building, the house, had everything done perfectly, new insulation, new roof, new septic system with an extra-large Ieachfield. The project amounted to many thousands of dollars and the value of the property was greatly approved. If the Baird sign business has a dog kennel so close to 416, if you saw how the properties ran, you would understand, and if we wanted to put a dog kennel there, Mr. Baird would be very upset because the dogs would be barking in his backyard, and right where he wants that kennel is as close from where I'm sitting to that wall over there. That's how close the house is that we own to the building that he wants that kennel in. They had attempted, so they told us, to buy 416 from Ray Butler and have the kennel there, which would have been okay because her mother lives on the other side, which as I read the letters explains a little more thoroughly. The re-modeling greatly improved the home, and I'll pick up where I left off. If the kennel were there and the dogs were outside, no one could enjoy their backyard, this house at 416. Because that's how close the properties are. They're right next door to one another, and anyone trying to reside in the house couldn't enjoy their backyard because it's a very, very large backyard. It's actually property very similar in size to Mr. Baird's, and, you know, you're going to have dogs barking. You're going to have odors. Kennels have odor, and it's just, you know, if they had her mom's house next door, then that would be her mom's and her brother's issue if this was possible or not, but coming from the perspective of us and the house next door, it just isn't too feasible. So anyway, what we want to say next is the 416 Corinth Road property has been rented from the time the re-modeling was completed to select tenants who were under orders of the rental agreement to respect the neighbor, which was Julie's mom, a very nice lady. The property is well kept, 416 Corinth Road property that's rented. Had we not waited, as asked by Julie Flansburg, to give them time to be getting approval from the Town of Queensbury and Mike Baird's bankers to close the sale of 416. They were trying to buy the house from us for the kennel, and just as recently as the beginning of this month I was told they were no longer interested in buying 416. They were going to put the kennel next door, and to sum it up, we were informed of Julie Jarvis Flansburg having the dog warden at her home in Herald Square when she lived here, causing the neighbors to be disturbed by the barking of many dogs. So that tells you, that was one incident, and this is residential lots because when we bought this house the only business was his sign shop next door, which is a quiet well run business, never dreaming that a dog kennel, between two homes. MR. TRAVER-So you're saying when you bought this house, you're referring to the property at 416? MR. BANTA-Yes, Raymond Butler. MR. TRAVER-And you mentioned that you had that property rented to a tenant, right? MR. BANTA-Yes. MR. TRAVER-1 guess until relatively recently and then you engaged in discussions about the possibility of the applicant purchasing that property and putting a kennel there. MR. BANTA-Julie contacted me. Yes. MR. TRAVER-Did you object to that idea? MR. BANTA-1 didn't object to it because it was only her mother who would be next door. There are no other residential property. MR. TRAVER-Okay. So you were negotiating with them to put a kennel in, in a building that you own at 416, and then they ultimately decided to make this application and put the kennel next door, and you now object to that plan. MR. BANTA-Yes, because we're the next door neighbor. Not her mother. 6 (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IlBp:w uY°°d IINfte t lii urns MR. TRAVER-Okay. So the tenant has moved out and you have moved in, and you're the next door neighbor. MR. BANTA-No, it's a rental house. MR. TRAVER-Okay. MR. BANTA-We do not live there, but no one would want to live there if there are going to be dogs barking right next door to them. The places are very close. You all ought to have a view of it to really understand. MR. TRAVER-Yes, I understand what you're saying. Anything else? MR. BANTA-That's about it. I mean, I just don't see how it could possibly be approved. I don't think an of you sitting here, if you owned a house that close to where a kennel is going to be, wouldn't object. MR. DEEB-Can I ask you a question, then? Were you in negotiations to sell the house? MR. BANTA-Yes. MR. DEEB-And now. MR. BANTA-They told us they were coming before the Board to get permits to have a dog kennel at 416, the house I'm discussing, which I had on this sheet the letter that I originally dropped off to you earlier today from Ray. In fact, I'll read the letter to you. MR. DEEB-We'll have it read. Laura will read it. MR. TRAVER-Yes. MR. BANTA-That would be great. MR. TRAVER-Let's have Staff read it. MR. DEEB-Now this Ray Butler, where does he live? MR. BANTA-Ray Butler lives on Corinth Road, 449 Corinth Road. MR. DEEB-Had the dog kennel gone into your property, would it have affected Ray Butler? MR. BANTA-Yes, it would. He owns the property at 416. He's not well. That's why he's not here tonight. MR. DEEB-He owns the property at 416? MR. BANTA-Yes. MR. TRAVER-1 thought you owned it? MR. DEEB-I thought you owned it? MR. BANTA-No, I told you I was his partner. MR. TRAVER-Okay, and his home is at 449 you say? MR. BANTA-449. MR. TRAVER-So it's not next door to this applicant property? MR. BANTA-No, but he owns this house as a rental house. MR. TRAVER-Understood. MR. BANTA-And he purchased it to improve it. MR. TRAVER-Which he did. (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIBp:w uY°°d IINfte t lii urns MR. BANTA-Which he did, and now he's at an age when he's thinking of selling it. Julie approached me. MR. DEEB-In essence, do you have anything to do with this? MR. BANTA-Yes. I do, I'm Ray Butler's partner. MR. DEEB-In this house? MR. BANTA-In this house. MR. DEEB-Okay. So you both own the house? MR. BANTA-Yes, we both own the house. My name is not on the deed, but I bought it with him together. His money was used but my name is not on the deed. I'm just part owner. I represent, he's had a stroke. He has speech aphasia. He isn't healthy. MR. DEEB-Okay, but you're not on the deed. MR. BANTA-I'm not on the deed, but I'm able to represent him. MR. TRAVER-He has an interest in the property. I think we understand. MR. DEEB-I understand now. I was a little confused. MR. FERONE-Can I ask you a question? When we look at the map up there, and we look at the property, there's two structures on there? MR. BANTA-Yes. One is a garage, and an additional storage area on the back of the garage. MR. FERONE-And that's the smaller of the two? MR. BANTA-Yes. MR. FERONE-Okay. MR. BANTA-And you see where Baird's property is? Do you see how close that it to the house? The house is right on the red line. MR. MAGOWAN-Is that the house or the garage. On the prints it says garage. MR. BANTA-Well, the garage is on the very edge of that. MR. TRAVER-Actually, if you don't mind, sir, would you take the microphone and go up to the map and show us, just to clarify for us? Thank you. MR. BANTA-The house. MR. TRAVER-So 414 is where you just put your hand, right? MR. BANTA-416. MR. TRAVER-Or 416, you're right. I'm sorry. 414 is the applicant's property. Okay. MR. BANTA-This is Mrs. Jarvis, Julie's mom. You see, she's a very nice lady and we always had very good tenants, who, if they were allowed to have a dog, were never allowed to bother her mom. When we purchased this property over here, we had known Mrs. Jarvis for years. Her son at one time used to mow the lawn for Ray, and, you know, we've been friends. So obviously whoever we rented this to we checked them out and made sure they were nice folks, not with a slew of kids, you know, we got good references, and the people that were there stayed. The last people kept it immaculate, and as you see, this is the house, and it's a little deceptive because this area here is another room, with a small garage right here. So this is all part of the house, but the one car garage, small one car garage, is right on this end right here. MR. TRAVER-Okay. Thank you very much. MR. BANTA-Yes, and this is very deceptive because it looks as though there's a lot of space, but her mom's house is as close as you'd want to be to another home, if you understand what 8 (Queeirtsl)uiY"y /'Ill p:w urni urns ui urnig II/;/ p:w uY°°d IINfte t lii urns I'm saying. This property over here, there's very little space. There's just a driveway that comes up this far, not even that far. It only comes this far. MR. TRAVER-Yes, we can see that from the map. Thank you, sir. MR. BANTA-And if you, you know, look at the actual footage, you'll realize it isn't as it appears. MR. TRAVER-Okay, and then one other question that I had, the property at 416 you've had for rent, you said you had someone living there for six years or something like that. Did they have pets? MR. BANTA-They had one dog. MR. TRAVER-They had a dog. Okay. Anything else? MR. BANTA-1 think that's it. The other letter, though, really explains it better. MR. TRAVER-And we're about to have that read into the record. MR. BANT-Should I sit here in case you have any other questions? MR. TRAVER-No, that won't be necessary. Thank you. MR. BANTA-Thank you. All right, Laura? MRS. MOORE-Okay. This is addressed to the Town of Queensbury for the public hearing. "Regarding the zoning appeal application, Raymond Butler who owns the adjacent property Tax Map # 52300308.-15-143, 1.5 acres, has a strong objection of the proposed usage for a dog kennel project adjacent to his 416 Corinth Rd. property. As dog kennels have dogs not accustomed to the facility and barking is always expected due to the nature of animals in a new environment of dogs. The value of Ray Butler's property would be extremely depreciated as to the very close distance to his property line. When Raymond Butler purchased his property he spoke with Mrs. Jarvis assuring her he would have only family and no dogs allowed to be barking or disturb her. Julie Flansburg and Mike Baird had approached Ray Butler to purchase his property for use as a kennel and he waited 4 months or more being told they were working with the Town zoning to have a kennel on this property. Apparently that maybe was not an option. Ray received knowledge early October 2016, that they were no longer interested in his property as they planned to create a kennel at Mike Baird sign shop. Thus creation of a kennel since it's not next to Julie's mom's property is going to be unacceptable as Ray's property is zoned residential as is Barbara Jarvis's. To go forward with this is very unfair of the residential ordinance of the Town of Queensbury affecting the use and value of Ray Butler's land and house as he has plans to sell it at fair market value according to the assessment and value he has been paying taxes on since he has owned the property. Raymond Butler 10/25/16" MR. TRAVER-Thank you, Laura. And just a bit of clarification. Our understanding from the paperwork we received is this is zoned Commercial Light Industrial. Is that true? MRS. MOORE-That's correct. MR. TRAVER-Thank you very much. Can the applicant return to the table? All right. So you've heard comment from one person's writing and the gentleman that discussed the situation with us at the table. Do you have any comment on any of the issues or concerns that were raised? MR. BAIRD-Mike Baird, Mike Baird Signs. I haven't worked for anybody in probably 38 years. That's how long I've been in business. I have resided at this location, 414, for 38 years. I've been through a site plan next to the same fence with Ray Ball as my neighbor. I survived. I did everything to Code. I'm totally worker friendly here. Totally. We're here tonight not to throw stones or have miscommunications. I've been before boards several times. I don't play games. I'm a little too honest, and I'm worker friendly. A few things just for the record. It was probably about nine months ago when Julie Jarvis decided to try to have an official kennel. She's a dog whisperer. She's very good at it. She knows more about dogs than anyone in this room. Not my expertise. All the questions that Gary or the Board could ask about dogs barking or whatever, she has told me, regardless. It's up to you guys. The facts are, I didn't even know Gary and Ray Butler as neighbors because (problems with the sound — voices incoherent) animal control or anything. So it was ironic apparently. MR. TRAVER-And that one tenant is gone now with the dog? (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIIm;/ p:w uY°°d IIYi ee t lii urns MR. BAIRD-The tenants have been gone, and I'm not trying to be a stickler or whatever, but I live there, I mean, I live there every day. I work there. My house is out back. I go out front, I get picked on for driving to work 30 feet. So I know what goes on next to me. MR. MAGOWAN-Excuse me, Mike. You drive that 30 feet? MR. BAIRD-And that's why I get picked on. I do, but then I go to Stewarts. So anyway, the truth is, and I want Gary to know I'm worker friendly. I have no, and that's genuine. I've been in business 38 years. I was told 10 is amazing, 20 is incredible, 30 is brain-dead. I know how to talk with people and I will, and I mean that sincerely. We've come a long way. Julie started nine months ago. She's got the Town Board's approval and obviously somebody in here obviously picked it up. Our zone is Light Industrial 1 A. It is not residential. First and foremost. Number Two, I wasn't aware of the owners of the property that bought it from my long living friends next door, which is Ray Butler and Gary. Very nice gentlemen, and I only know them because when I met Julie she was looking at their house for boarding. She wanted to do it from there, the whole thing. We ended up being together, ironically. I met her and she came in for a sign for 9 Diamond Plaza. She had a day boarding business in 9 Diamond. So it's just there's so many places up and down in the whole corridor. We read the statement last time, and Julie did, and that's our whole objective is not to have anything over the fence, whatever. Now a couple of things that I want to reiterate that the Board might not have heard and for our neighbor Ray, even though they don't reside there, there hasn't been anyone in there probably roughly around for two years, I know as a neighbor, and honestly it's cool. I don't have to worry about kids running across the lawn or whatever, getting in the way of traffic. So it's been quiet. So nobody's resided there, rented in a couple of years. I didn't even meet Ray and Gary until about this spring or so when Julie started talked about looking at that house and I was like, okay, what are you going to do. I guess she knew them through her mother or whatever. I said, well, what are you thinking, I'm thinking of purchasing. We met. And the conversation went, this summer we invited them over to my shop and just to kind of straighten it out a little bit here. I was kind of listening in, making sure that it was reasonable, and there were some prices discussed and this and that. I said, you know, we don't want to hold you up from renting, and they said they weren't in a hurry and renting it anyway, and I said would you be interested in waiting until we check to see if the financing was realistic if we, in fact, went with the project. How long you talking, and I said a couple of month's maybe. They said that's fine. Then finally it got to a couple of months and we're wondering what you're doing and, you know what, we just can't touch the financing, the real estate and the whole thing, and basically it was one day, to be honest with you, I said, you know what, what do you think about the back area I've got? It's an already approved structure, new everything, two by six, you get the idea. So this is no reflection against our neighbors. We weren't able to afford the property. MR. TRAVER-Sure, okay. MR. BAIRD-And Julie started nine months ago with the approval with the Town Board and we briefly saw this Board and the really nitty gritty was last week with the Zoning Board which we did well and we answered a lot of questions and we agreed to stay there and not do the kennel if we ever left, and we've put a lot of effort, a lot of time, and a little bit of money into this and we're willing to talk with the Board. MR. TRAVER-Okay. Well, I had a couple of questions for Julie and then there may be other members of the Board that have questions as well. Julie, the one concern seemed to be that presumably the property next door since apparently it's not going to be a kennel will be rented. They did some work on it to make it viable as a rental property. So as a, if you can envision someone living there, what would be your concerns about your kennel and what are you prepared to do to try to minimize that impact? Even though it's a Light Industrial area, there's a residence next door that will be presumably occupied some time soon. So can you speak a bit about how you're going to mitigate noise and barking and those kinds of things? MS. JARVIS-Yes. Like I was telling the Zoning Board the other day, what I'm proposing is not a traditional kennel. The dogs, I don't think that Ray Butler and Gary are really aware that the dogs are not going to be outside. The way most kennels run it they have indoor/outdoor runs. The dogs go outside, they bark. I am not going to do that. Just like Mike, I do not like barking. They're going to be inside, just in the fenced in area when they go outside to relieve themselves a minute or two, and that's it. They're going right back inside. To a building that doesn't have any windows and no sound. It won't be an issue because they're going to be indoors. MR. TRAVER-All right. So basically your response is that the dogs are going to be almost entirely inside. They will go outside for short periods of time, and plus that section of the 10 (Queeirts!)uiY"y /'Ill p:w urni urns ui urnig II/;/ p:w uY°°d IINfte t lii urns building is structured in such a way that you think sound is going to be contained and so on, is that correct? MS. JARVIS-Yes. MR. TRAVER-Okay. MR. MAGOWAN-Mike, are the walls already sheet rocked? MR. BAIRD-Dave Hatin gave us a CO 20 some years ago on the building we're talking about. The walls are sheet rocked, and everything is insulated. It's six inches. Everything is to Code. MR. MAGOWAN-1 mean, it's already sheet rocked. MR. BAIRD-Yes. It is. MR. MAGOWAN-Because what I was going to suggest is a soundboard and then a sheet rock, you know. Just for an absorption of any noise, but I mean, six, you have six inches in the walls, and I'm sure you have, what, 12, what did you say, 10 years ago? You probably have at least 12 in the ceiling. MR. BAIRD-1 think it's 18, to be honest with you, in the ceiling. MR. MAGOWAN-All right. MR. BAIRD-It was fairly new construction. MR. MAGOWAN-All right, and how high are the ceilings? MR. BAIRD-The ceilings inside go from nine to a cathedral. So there's a truss in the back half of that, which is 10 foot overhead. I mean, it might actually be close to 15 feet, in the truss part of it. As far as the noise goes and so forth, I'm aware of other kennels and animal hospitals and small daycares in the Town of Queensbury. The building is built, meticulous, it's done. Sheet rocked, insulated and approved. I understand the conversation. There was something mentioned at the Zoning Board level about noise to recommend even your Board which we're aware and ready to talk about it. The one thing I wanted to mention that was mentioned you do, but I want for Ray, for his benefit, to realize. We have a five to a six foot fence for the area where the dogs would be let out. Even at that it's momentarily. As far as in the summertime, and I agree with Gary 100% as far as being a neighbor. With all due respect, Gary's renting it and I care about the neighbor. My deck on my house usually is in the back of your house. Mine is in the front, with a permit, of course, because I'm right on Corinth Road. I made a joke, I think in front of your Board, and in front of the Zoning Board, which is true. I care more than most people. First and foremost, I live right there. I sit on that deck and I have a griddle, and we've had some talks, and the thing is, unlike if you permit us, we're not a factory or a motel where cement goes in the ground, and I'm being honest with you. A dog kennel, they're not our dogs. They come and they go daily. This thing doesn't work, and I mean between her and I with dogs, there's no cement in the ground. With that being said, the Zoning Board, I think I have a really cool proposal, if I may. This is between myself, Julie and Gary. We talked and see what you think. The Zoning Board already hit on it. They brought up the possibility, there's like three different things that are called approvable by way of renewals. Is that a topic that I heard, a renewal or a permanent or whatever, and you have what you call contingencies and/or stipulations? We're talking about noise first and foremost. My building, which I put a lot of money into 38 years ago, isn't in any kind of mood to be ripped apart inside hopefully and soundproof walls. Now it doesn't mean that I wouldn't entertain it possibly in the future. When people say, and I say people in general, that own dogs are going to bark, they don't handle dogs like Julie. First of all they're not staying outside. Secondly, when they're inside they're not just going to go and bark. I've seen her take care of this stuff. MR. TRAVER-Right. No, we understand. MR. BAIRD-You know, and so we're willing to work with you people. Now, the Zoning Board didn't really go anywhere with it because you guys know more about it. They said would you be willing to, like in a year, come back, some kind of renewal thing, and see if everything was cool and then it just gives them a provision of being able to say, hey, we got a couple of calls or whatever. Is there something about that? MR. TRAVER-Well, certainly if there are noise complaints, if people call to the Town, you know, we would be aware of that. I mean, typically that could become a problem, but it sounds as II (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIBp:w uY°°d IINfte t lii urns though you don't intend that there be that kind of an issue, but certainly, you know, as with any neighbor, residential zone or commercial or any situation, they can always complain about noise. So, yes, you know, we can see if that becomes an issue. We also have an environmental quality review to perform on this application as well, which in part addresses noise. So, okay. Well, you've answered my questions. Are there other members of the Board that have questions? MR. FORD-Yes. Julie, how many dogs do you anticipate servicing in your kennel? MS. JARVIS-If we were approved, we would have up to 35. That's the maximum. MR. FORD-Thirty-five? MS. JARVIS-That's at maximum capacity, but whether I'm going to have 35 or not. MR. BAIRD-Inside. They would be inside. These are boarded dogs. She had to sell me to it. These dogs are living in all the homes in between Aviation Road and Corinth Road. They're going somewhere. MR. SCHONEWOLF-I know, but you did say the other night that those dogs that you've got there are inside. MR. BAIRD-They're all inside. MR. TRAVER-Yes. MR. BAIRD-Yes, they don't stay outside. There's no runs outside. MR. SCHONEWOLF-I understand that. I just wanted to make sure. MS. JARVIS-It's not like your typical kennel where you would walk into the SPCA or whatever and they have cages, dogs, individual runs, they're by themselves, they bark. They're loud. That's not how I do it. The plan and diagram I think I showed you there's like eight pens, four dogs in a pen. They play. They're together. They're having fun. They're not sitting there just barking. It doesn't work like that. I've done it. That's not how it works. MR. TRAVER-Well, we certainly hope you're right. You understand that's not our area of expertise. So it's not something that we can really judge. We can judge noise. We certainly have to address residents of the Town when they have concerns or complaints about something, but what you're presenting to us tonight it's not going to be any issue because they're going to be indoors and you have experience and your plan for managing the animals is such that they're not going to be upset. They're not going to be barking and so on and so forth. MS. JARVIS-Correct. MR. FORD-Do you anticipate boarding any other type of animal. MS. JARVIS-No. MR. BAIRD-Absolutely not. MS. JARVIS-Just dogs. MR. DEEB-Then the idea of putting soundboard up is something that you can't do at this point is what you're saying? MR. BAIRD-Well, we're not saying that we won't do anything. What I'm saying, I kind of, there was a cool gentleman at the Zoning Board last week that kind of said, well, Tails Wag did that and this and that, but they had 140 people against the project and they still got approved and they did soundboard. My building's done. It's already sheet rocked as you politely asked and insulated and fairly soundproof. I cut metal in there with saber saws, skill saws. Those things are noisy, and the truth is, to be honest with you, I don't know what they were talking about or suggesting that could be done, because I've been to a lot of meetings. The Zoning Board mentioned something like would you be willing, if the Planning Board brought up like. MR. DEEB-We can conditionally approve it. If you're saying you want a condition. MR. BAIRD-All I'm saying to you is that I live out back, to be quite frank. (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIBp:w uY°°d IINfte t lii urns MR. DEEB-I understand that. MR. BAIRD-We had a lot of discussions, even before I had looked at animals. MR. DEEB-What we're saying is if possible we could probably put a conditional approval on this to look at it again in a year. If that's. MR. BAIRD-I'll be very forward with you and I'll even top one for you. I trust in her with barking a lot. She sold me. I've seen her. The sound boarding thing, to be frank. MR. DEEB-I understand that you believe in her, but we have to go by what we have. MR. BAIRD-No, I know, and I'm not trying to talk anything now, but this sound boarding thing, if I could be relieved from that now, with the contingency the way you just worded it. MR. DEEB-With a condition that if it doesn't work, you might have to put some sound boarding in. MR. BAIRD-Absolutely, I'm a fair person. MR. MAGOWAN-And then, Mike, another thing, too is that you don't even have to have it behind there. I mean, like Leroux restaurant up there on the corner of Bay and 149. It was very echoy in that because you've got the hard floors and the vaulted ceiling. Actually all you have to do is, they're acoustical ceilings, things that you hang down, you know, and they're like fabric. They just absorb the sound. They stop the bouncing and that, and that's all they are. I was just wondering if, it would have been easier, but since you're already sheet rocked, with probably five-eighths, too. So you're a little denser. So I'm not trying to scare you, you have to rip down the sheet rock. MR. BAIRD-I understand. MR. MAGOWAN-But you can put up absorption panels on the walls and hang some down from the ceilings and all they are is just absorption, you know, like I say if we come to the point where a year from now there's too much noise, if things move forward. MR. BAIRD-I'm saying in layman's terms, based on the conversation, just so that, you know, I'm more than willing, as the building owner, if we were allowed to start the business and it went well and there was some kind of issue with noise, first and foremost, I'm going to hear it. I live in back. MR. TRAVER-Right, we understand that. MR. SCHONEWOLF-We know that. MR. BAIRD-I would be more than willing to put the contingency that we get, say whoever, say you or Dave or whoever say, it's time to start talking about the soundboard, whatever, I have no issue. MR. MAGOWAN-You know, like an option, and the other thing I would like to suggest, like at the relieving area, putting up a vinyl stockade fence type, you know, instead of the wooden board. MR. BAIRD-It's in the drawing. MR. MAGOWAN-Right, but what I'm saying, do you say vinyl? MR. BAIRD-Yes. MR. MAGOWAN-Okay. That's another sound absorbing, you know, and being in the back you can get up to six foot, you know. MR. BAIRD-It's AFSCO fence all priced out. MR. MAGOWAN-I missed that, but like I say, I'm just throwing suggestions out there, and I understand. I mean, I knew Gary Ball very well with his countertop business, you know, and cabinetry out back. That router's a little loud. I know what your saws all sound like. MR. TRAVER-Yes. 13 (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIIm;/ p:w uY°°d IINfte t lii urns MR. TRAVER-Yes, it's quite a bit louder than the barking. MR. MAGOWAN-Yes. MR. BAIRD-Yes, and the tractor trailers waiting out for my neighbor Gary Ball at three in the morning. MR. TRAVER-Are there any other questions of the applicant before we move on? MR. DEEB-Another thing I was wondering is, the dogs obviously go out to relieve themselves. Could you have a schedule to make sure everything is clean as possible, so that you can mitigate any odor problems that would arise? MS. JARVIS-Yes, I would take them out a few times a day and I am very adamant about cleaning up right away. Automatically clean up. I know that. MR. DEEB-Okay. MR. FORD-An additional question or two. How frequently do you anticipate the dogs being dropped off and picked up? MR. BAIRD-This is a boarding business. What the Town Board provided me for is a 24/7. Now these are dogs that come and go. Unlike children, they don't ever have to stay there. So they drop them off, pick them up. I would imagine, Julie can answer a lot more in particular, if you have a dog, you're going to go to work in the morning and you need them to be watched so many days a week or a weekend, you're going out of town. Most of them I would imagine, we've talked about it, it might be six in the morning before somebody goes to work. Sometimes in the 38 years I've owned the shop I open at three in the morning, people drop vehicles off to get them lettered and, Friday night, Saturday night, the whole thing. We have ample parking, the whole bit. Every single customer who would come to drop off or pick up a dog will be pre- scheduled. No one just drives and comes and goes. Actually my customers do. They catch me out back sometimes. MR. FORD-What are you going to do if they just drive up and want to drop off their dog? MR. BAIRD-Well, it would have to be during business times like I'm saying, it's a 24/7 dog kennel but I'm not sure if you're all aware, and this was new to me. Julie explained to me, plus we live out back, there's not a person there 24/7. So the business in the front would be shut down and it wouldn't be opened for people to drive in 24/7. MR. FORD-So, Julie, what will be your hours or operation? MS. JARVIS-Well, I haven't figured out exactly what the hours would be in the morning. I was kind of going to do some research around to the local businesses, see what time that people go to work, you know, I was going to set times for drop off and pick up. So there wouldn't be people coming all day long constantly back and forth. Most of the other kennels do. They'll have certain hours. I'm just throwing out an example, like say 6:30 in the morning to 8, drop off or pick up, and then a two hour schedule or a three hour schedule later on in the day. So the hours would be posted and people would know that those are the only times that they can do that. MR. SCHONEWOLF-When we approved the kennel across the street, I don't know, a year ago, two years ago, that's exactly what they did. They had drop off periods and pick up periods, and that's it. MS. JARVIS-And that's it. Right. MR. SCHONEWOLF-That's what I'd recommend to you. MS. JARVIS-Yes. MR. TRAVER-That's the only practical way to do it. MR. MAGOWAN-Well, like I say, if you want six to nine, say, eleven to one, you know, in case you have the half day people that, you know, some might use it as a daycare to give their dogs a little energy, a little play. 14 (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IlBp:w uY°°d IINi ee t lii urns MR. TRAVER-1 think for our purposes it's good enough to know that they're going to have a designated period in the morning for drop off and a designated period in the afternoon for pick up. MR. SCHONEWOLF-Right. That's what we've approved before. MR. TRAVER-Yes. All right. Any other questions for the applicant before we consider SEAR? MR. BANTA-The man was speaking about the problem over on Blind Rock Road. My question is how far is the nearest home in that area? MR. SCHONEWOLF-You can go over and ask them if you want. MR. BANTA-Well I know. MR. SCHONEWOLF-Well then why bring it up? We're not talking about that project. We're talking about this project. MR. BANTA-You're allowing the kennel, a second business, to go so close to this house. MR. TRAVER-Sir, you've expressed your concern about the distance of the kennel, and at this point, did I close the public hearing before? I don't think I did. MRS. MOORE-You did not close the public hearing. MR. TRAVER-All right. So we will go ahead and close the public hearing now. We've taken the comment. We understand the concern that we've received during public comment. PUBLIC HEARING CLOSED MR. TRAVER-With regard to SEAR, Laura, this is an Unlisted? MRS. MOORE-Correct. MR. TRAVER-So at this point we need to consider the State Environmental Quality Review. We received a Short Form. Are there any environmental impacts that the Board is aware of that they have concerns regarding this project that would have a medium or large impact? MR. SCHONEWOLF-No. MR. TRAVER-Then are there any questions regarding SEQR prior to considering the SEQR resolution? Hearing none, Mr. Secretary, do you want to do that? RESOLUTION GRANTING A NEGATIVE SEQR DEC. JARVIS & BAIRD The applicant proposes to utilize a 30 x 60 sq. ft. portion of an existing 2,530 sq. ft. building for a dog kennel. Project includes a 454 sq. ft. fenced in area with access to building. Project subject to a special use permit for kennel use. Pursuant to Chapter 179-3-040 and 179-10-040 of the Zoning Ordinance, kennels 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. 15 ) . . a � g 1 g ml�'��Y��5/Y 1)"Ifs) /����� urns, Ili���uY°° IIIm'Ill p:w urni urns ui urni�„ Illm;/ p:w uY°°�i IIYi���lii urns MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN PZ 220-2016 & SPECIAL USE PERMIT PZ 221-2016 JULIE JARVIS & MIKE BAIRD, Introduced by Paul Schonewolf who moved for its adoption. As per the resolution prepared by staff. 1. Part II 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. Motion seconded by Brad Magowan. Duly adopted this 25th day of October, 2016 by the following vote: AYES: Mr. Magowan, Mr. Deeb, Mr. Schonewolf, Mr. Ferone, Ms. White, Mr. Ford, Mr. Traver NOES: NONE MR. TRAVER-Okay. So now we move onto the Site Plan itself. (Problems with the sound— voices incoherent) So with that I think we have a draft motion. RESOLUTION APPROVING SP PZ 220-2016 & SUP PZ 221-2016 JULIE JARVIS & MIKE BAIRD 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 utilize a 30 x 60 sq. ft. portion of an existing 2,530 sq. ft. building for a dog kennel. Project includes a 454 sq. ft. fenced in area with access to building. Project subject to a special use permit for kennel use. Pursuant to Chapter 179-3-040 and 179-10-040 of the Zoning Ordinance, kennels 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 10/25/2016 and continued the public hearing to 10/25/2016, 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 10/25/2016; 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 SITE PLAN PZ 220-2016 & SPECIAL USE PERMIT PZ 221-2016 JULIE JARVIS & MIKE BAIRD; Introduced by Paul Schonewolf who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers requestrg anted: 2) Adherence to the items outlined in the follow-up letter sent with this resolution. a) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; b) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; c) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; d) Resolution to be placed on final plans in its entirety and legible. 16 Nueeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIBp:w uY°°d IINfte t lii urns e) 35 dog maximum and a vinyl relief fence of six feet f) Renewable Special Use Permit with an 18 month term Motion seconded by Thomas Ford. Duly adopted this 25th day of October, 2016 by the following vote: MRS. MOORE-So you're granting those waivers that were requested? MR. TRAVER-Yes. MR. SCHONEWOLF-Yes. MRS. MOORE-Confirm that you grant them. AYES: Mr. Deeb, Mr. Ferone, Ms. White, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Traver NOES: NONE MR. TRAVER-All right. We'll see you in 18 months. Good luck. MR. BAIRD-Thank you. SITE PLAN PZ 228-2016 SEAR TYPE TYPE II HAROLD D. GORDON AGENT(S) MORGAN GAZETOS OWNER(S) SAME AS APPLICANT ZONING WR LOCATION 2780 STATE ROUTE 9L APPLICANT REQUESTS APPROVAL OF AN ALREADY CONSTRUCTED 120 SQ. FT. DECK ATTACHED TO A DOCK. PROJECT REPLACES CONCRETE PAD AREA WITH NEW DECK CONFIGURATION. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, HARD SURFACING FOR A DECK ON SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP PZ 228-2016, BOTH 133-2016 (BOATHOUSE WITH SUNDECK; LEGACY BP 2014-059 AND SP 34-2013); BP 2004-363 DECK; BP 92-645 CARPORT; BP 88-412 SUNROOM ADDITION; BP 85-356 SFD; BP 91-847 ADDITION WARREN CO. REFERRAL OCTOBER 2016 SITE INFORMATION APA, CEA LOT SIZE 1.69 ACRES TAX MAP NO. 239.12-2-88 SECTION 179-3-040, 179-6-050 MORGAN GAZETOS, REPRESENTING APPLICANT, PRESENT; HAROLD D. GORDON, PRESENT MRS. MOORE-This applicant proposes approval of an already constructed 120 sq. ft. deck attached to a dock. The applicant has met with Park Commission staff and has found a plan that they're going to adjust the dock to, to make sure that it meets the requirements of the 20 foot setback. The applicant has provided an updated survey. It needs to be updated to the 120 square foot size, but all the setbacks were granted the other day for the shoreline and the two side setbacks. MR. TRAVER-Okay. So all those issues have been addressed and resolved. MR. GORDON-Yes, sir. I'm Harold Gordon, the applicant. This is Morgan Gazetos who is the agent. Yes, obviously you had recommended it on last week to the Zoning Board. We went there and received the variance and we're back here tonight for Site Plan Review. MR. TRAVER-Okay, and you also received approval from the Park Commission, correct, for a sticker for your dock. I guess I would say are there any other outstanding permits or concerns? MR. GAZETOS-Well, yes and no. A bit of an explanation. During the construction of this I transposed a number. So it was built a little kicked. We reached an agreement with the Park Commission to correct it. We forwarded the information on to Laura. I got my order of consent from the Park Commission. So as soon as we hear, as soon as all goes well here, I can get cracking on making everything compliant. MR. TRAVER-Bringing it into compliance. MR. GAZETOS-Yes, sir. MR. TRAVER-Okay. I understand. All right. Anything else to add then at this point? MR. GAZETOS-No, sir. (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IlBp:w uY°°d IINi ee t lii urns MR. TRAVER-No. Okay. Are there questions or comments from the Planning Board at this stage? I know we looked at this the other night. Hearing none at this point we do have a public hearing on this application. So are there members of the audience that are here to comment on this application? I'm not seeing any. Laura, are there any written comments? MRS. MOORE-There's no written comments, but I can add information from the Zoning Board of Appeals. They were concerned about the shoreline and plantings. MR. TRAVER-And buffer? MRS. MOORE-And buffering. So if you looked at the shoreline regulations, the applicant can clear up to 30% of their shoreline, which would give them 18 feet, and so 20 feet is the actual width of that dock. So it's two feet, but he's also included, explained previously, that there are existing plantings in that area, and planter boxes. MS. WHITE-So those will be left. MRS. MOORE-As is. There's no tree cutting proposed. MR. GORDON-Yes, that had come up at the Zoning Board. We have three large white pines. There's a planting area and then a smaller planting area that we actually added, and the question was do you have any intent or would you ever want to cut the pines down or clear, and I don't want to make a joke of it, but I don't think my wife would stay with me if we cut any of the trees down or cleared anything, and we have absolutely no intent, absolutely not. We love it the way it is. MR. MAGOWAN-How close are they to the lake? MR. GORDON-The white pines are anywhere from I would say 10 feet to 15 feet. The planting goes right, one of the plantings goes right to the shoreline on one side, the large one, and then the small planting is probably three, four feet off of the high watermark. MR. MAGOWAN-You couldn't even cut down those pines unless you had an arborist come and say they were diseased. MR. GORDON-Well, hopefully they won't be. It looks like they've been there 100 years and they're beautiful. MR. MAGOWAN-And they're a great absorption. They love water, even though they can get plenty from the lake. MR. TRAVER-All right. Any other concerns or comments? And, Laura, you said there were no written comments? MRS. MOORE-There were no written comments. MR. TRAVER-Okay. So we'll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-And this is a SEQR Type 11. So no SEQR action is required by this Board. I guess we're ready to look at a resolution. RESOLUTION APPROVING SP PZ 228-2016 HAROLD D. GORDON 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 requests approval of an already constructed 120 sq. ft. deck attached to a dock. Project replaces concrete pad area with new deck configuration. Pursuant to Chapter 179 3-040 of the Zoning Ordinance, hard surfacing for a deck on shoreline shall be subject to Planning Board review and approval. A building permit was issued and determined that a variance and site plan review are necessary after the fact. 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; 18 Nueeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIIm;/ p:w uY°°d IINi ee t lii urns 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 10/25/2016 and continued the public hearing to 10/25/2016, 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 10/25/2016; 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 228-2016 HAROLD D. GORDON, Introduced by Paul Schonewolf who moved for its adoption; 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. a) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; b) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; C) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; d) Resolution to be placed on final plans in its entirety and legible. Motion seconded by Jamie White. Duly adopted this 25th day of October, 2016 by the following vote: AYES: Mr. Ferone, Ms. White, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-You're all set. MR. GORDON-Thank you very much. SITE PLAN PZ 231-2016 FRESHWATER WETLANDS PERMIT PZ 232-2016 SEAR TYPE TYPE II MICHAEL & ELAINE FEENEY AGENT(S) DENNIS MAC ELROY OWNER(S) SAME AS APPLICANT ZONING RR-3A LOCATION LOCKHART MOUNTAIN ROAD APPLICANT PROPOSES TO CONSTRUCT A 2,600 SQ. FT. (FOOTPRINT) SINGLE FAMILY HOME WITH ATTACHED GARAGE ON A 5.6 ACRE +/- LOT WHERE THE PROJECT OCCURS WITHIN 50 FT. OF 15% SLOPES. THE PROJECT INCLUDES A STREAM CROSSING AND WORK WITHIN AN APA WETLAND. PROJECT IS SUBJECT TO DEC FOR STREAM CROSSING AND APA JURISDICTION FOR A PREVIOUS ENFORCEMENT ACTION FOR WETLAND DISTURBANCE. PROJECT DISTURBS GREATER THAN 1 ACRE AND A STORMWATER REPORT AND SWPPP ARE PART OF THE SUBMISSION. PURSUANT TO CHAPTER 94, 179-6-060 OF THE ZONING ORDINANCE, CONSTRUCTION WITHIN 50 FT. OF SHORELINE AND WITHIN 50 FT. IN 15% SLOPE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE N/A WARREN CO. REFERRAL OCTOBER 2016 SITE INFORMATION APA, WETLANDS, STREAM, LGPC LOT SIZE 5.6 ACRES TAX MAP NO. 252.0-1-21 SECTION CHAPTER 94, 179- 6-060 DENNIS MAC ELROY, REPRESENTING APPLICANT, PRESENT MR. TRAVER-And we understand that this application is to be tabled as well, although. MRS. MOORE-I believe Dennis is in the back, in the other room. I") (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIBp:w uY°°d IINi ee t lii urns MR. TRAVER-Okay. Let him know that we're here. This also has a public hearing. And this is a Type II SEAR. So no SEQR action is required, and this is going to be tabled, we anticipate, to a later meeting, but the agent, Mr. MacElroy wanted to, you wanted to talk to us about the Feeney application? MR. MAC ELROY-Correct. MR. TRAVER-Okay. Good evening. MR. MAC ELROY-Thank you. We were out in the hall so I didn't understand the transition here. It ended quickly. I'm Dennis MacElroy with Environmental Design, representing the owner and applicant, Mike and Elaine Feeney on this project. It's located on Lockhart Mountain Road. It's currently a vacant 5.6 acre lot that became a lot back in the mid-80's, and at that time it somehow, it was subdivided. Perhaps the Town, it was a Minor Subdivision. So it didn't have to go through a Planning Board action, whatever the regulations were at that time. That's an opinion of probably what happened, but it also didn't go through any APA action at that time. So at some point in the history, Mike happens to be the fourth or fifth owner of this lot over the years, one of the owners installed a driveway access, and if you drove by the lot there's a little frontage on Lockhart Mountain Road. There's a driveway that has, it goes down first and then back up to the building site which is located about 600 feet or so off the road. So there's a bit of a driveway, but that driveway crosses down through what has become a wetland area. So we're involved with APA in terms of getting permitting through that, through APA, and one of APA's requirements to get a complete application is to have made application to any other involved agencies. Well, in this situation, it involves APA, obviously. It involves DEC. It involves Army Corps and it involves the Town Planning Board. So we've made this application to be able to be compliant with that comment so that we can get our complete application from APA and they will then move forward on issuing that permit hopefully. So we're here to start that process. One other thing came up in the review of this was that a stormwater management device that we've proposed for capturing runoff and handling runoff from the driveway is within 100 feet of the wetland area. That then requires a variance. So we'll be before the Town Zoning Board of Appeals in the subsequent month, and it looks like it won't be until December. We got that determination through the Town after the 15th. So we didn't get in for November. It'll be a December situation where we're here for a recommendation to the Zoning Board for a variance and then back for Site Plan Review for this. This subject to Site Plan Review because the development area is within 50 feet of slopes 15% or greater. It also happens to be a Major Stormwater project because of the amount of disturbance. It fits that requirement. So all those things, you know, lead into a lot of paper and red tape, so to speak, and Mike's trying to be patient with the process. MR. TRAVER-So you're thinking you're going to be next before us in December? MR. MAC ELROY-December. MR. TRAVER-Is the goal. MR. MAC ELROY-Yes. MR. TRAVER-So they would have until the 15th of November to submit for that? MRS. MOORE-Correct. MR. TRAVER-And then so we'd be looking to table this to a December 20th MRS. MOORE-Actually there's the whole process of the referral. So you're going to see it the first meeting in December and the second meeting in December. So you'll see them both. MR. TRAVER-Right, but I mean for the tabling motion. Should we table it to the first meeting in December? MRS. MOORE-Yes. MR. TRAVER-I mean, that would seem likely. I mean, if we don't end up hearing it then, we can always table it again, but that way if they get in the pipeline that would get them as soon as practicable before us again. Correct? MRS. MOORE-Correct. MR. MAGOWAN-Would it be easier to do a bridge? "0 (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIBp:w uY°°d IINfte t lii urns MR. TRAVER-That's what they're going to find out. MR. MAC ELROY-Well, this is a classic case of where a property owner has been beat up over certain regulations. Unfortunately it takes some time to weave through the process. Not that it won't happen, but one of the things I will say about, you know, when APA provided their first edict on this driveway, they really didn't even consider what the slopes would be, you know, the grade of the driveway down through there. So they limited how much, if you take a picture of the driveway going down reaching the low point and coming back up. They limited the amount of height that the driveway could be, fill in the wetland, which had already occurred anyway, but they limited it without really thinking of the limitations, and therefore it's a situation where we'd like to raise that some, but that caused a whole other set of issues. MR. TRAVER-So they're creating their own stormwater management system. MR. MAC ELROY-Well, in a way. This is the other frustrating thing from my standpoint was that the driveway itself was the thing that probably helped create the wetland. MR. TRAVER-Yes, right. It's now a stormwater management device. MR. MAC ELROY-Right, yes, but you can't touch it. MR. TRAVER-Okay. So theoretically will December 20 work for you? MR. MAC ELROY-Yes. MR. TRAVER-Assuming that the wheels move forward. MR. MAC ELROY-The 20tH MR. TRAVER-Tuesday, the 20tH MRS. MOORE-And then the 22nd, it's that Tuesday and Thursday of that week. MR. MAC ELROY-Right, so it'll be a Tuesday, Wednesday, Thursday situation. MR. TRAVER-Yes. MRS. MOORE-Yes, you'll get it all done in one week. MR. TRAVER-If all goes well, by the end of that week, theoretically you could have your site plan. MR. MAC ELROY-The 20tH 21St and 22na MR. TRAVER-Yes. MR. MAC ELROY-Okay. I don't know what opportunity you had to look things over. Because it was only discussed that we would be tabling. MR. TRAVER-Right. MR. MAC ELROY-So I don't know if you have any questions or comments at this point, or any concerns that you thought there might be. It's a single family residence site with a new wastewater system. MR. TRAVER-It seemed to me fairly straightforward. It's just a matter of accessing it, and so we'll see if for any reason the plan is needed to change or details change or your stormwater device has to be moved, or that kind of thing, but otherwise, I mean, and I'm only speaking for myself, but it seemed pretty straightforward with the various parts that are needed to get it to work. All right. Well, then we'll entertain a motion to table to the December 20 meeting. I think there's a tabling motion in our packet. MRS. MOORE-There wasn't for this one, but I will remind you that there is a public hearing. MR. TRAVER-Yes. Thank you. MRS. MOORE-And you're going to leave that open. (Queeirts!)uiY"y /'Ill p:w urni urns ui urnig II/;/ p:w uY°°d IINfte t lii urns MR. TRAVER-Yes. So we'll open the public hearing, and although there's no one here. There is no public comment to make comment tonight. I'm sorry. PAUL KELLY MR. KELLY-I'm public. MR. TRAVER-Okay. Then the public hearing is open. PUBLIC HEARING OPENED MR. TRAVER-We don't know what the final application will look like, or, you know, we're making some assumptions about the project this evening, but did you want to comment anyway, even not knowing what? MR. KELLY-Please. MR. TRAVER-Okay. Then if you don't mind giving up the table. Thank you, Laura, for reminding me of that. Good evening. MR. KELLY-Good evening. My name is Paul Kelly, and I live at 185 Lockhart Mountain Road. So if the site and the project gets approved, he'd be my neighbor. MR. TRAVER-Okay. MR. KELLY-I've met Mike through living on Lockhart Mountain Road. I've lived very close to the wetland that is described in the plan. I did work as a naturalist for the EPA so I am pretty familiar with wetlands. I'm a teacher. I've been living here my whole life. So I would just like to say for the record that I am in favor of the project. I do understand the restrictions. Any time you get into a wetland of course it causes all kinds of scrutiny. So I just want to make it known for the record, I wanted to be here to support Mike and Elaine and we'd love to have them as neighbors up on Lockhart Mountain Road. We love it. It would certainly enhance the neighbor, so to speak. It would be great to have them in our backyard. So I would just like to make that known. And thank you for letting me speak. MR. TRAVER-Sure. Well that is now part of the record, and thank you very much for your input. MR. MAGOWAN-Just one question for you, are you doing this so the kids don't have to walk far for trick or treat or what? MR. KELLY-At this point we don't get any trick or treaters. MR. MAGOWAN-That's what I was thinking. MR. KELLY-1 just wanted to make it known that we feel for them. They've been kind of put through the ringer and I know how it goes, so I appreciate what you folks do as well. I'd like to make that known as well. You guys work hard and sometimes it can be a thankless job. So thank you. MR. TRAVER-All right. Thank you very much. All right. So we're going to be entertaining a tabling motion. We will leave the public hearing open, and this is, we believe the proposal will be to table this to a December 20th, Tuesday, December 20th Planning Board meeting. RESOLUTION TABLING SP PZ 231-2016 & FWW PZ 232-2016 MICHAEL & ELAINE FEENEY 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 construct a 2,600 sq. ft. (footprint) single family home with attached garage on a 5.6 acre +/- lot where the project occurs within 50 ft. of 15% slope. The project includes a stream crossing and work within an APA wetland. Project is subject to DEC for stream crossing and APA jurisdiction for a previous enforcement action for wetland disturbance. Project disturbs greater than 1 acre and a stormwater report and SWPPP are part of the submission. Pursuant to Chapter 94, 179-6-060 of the Zoning Ordinance, construction within 50 ft. of shoreline and within 50 ft. in 15% slope shall be subject to Planning Board review and approval. (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IIIm;/ p:w uY°°d IINfte t lii urns MOTION TO TABLE SITE PLAN PZ 231-2016 & FRESHWATER WETLANDS PERMIT PZ 232-2016 MICHAEL & ELAINE FEENEY, Introduced by Paul Schonewolf who moved for its adoption, seconded by Brad Magowan: Tabled to the Tuesday, December 20th Planning Board meeting. Duly adopted this 25th day of October, 2015, by the following vote: MR. FERONE-Did we also need to mention Freshwater Wetlands PZ 232-2016? MR. SCHONEWOLF-Well we're not tabling that. MR. TRAVER-Actually I guess we are. We're tabling the application and the Wetlands permit. MR. SCHONEWOLF-Well, we're tabling the application but the permit will be later. MRS. MOORE-You're tabling all items that are under review/ MR. SCHONEWOLF-Okay. MR. TRAVER-Thank you, Laura, for that clarification. All right. AYES: Ms. White, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Deeb, Mr. Ferone, Mr. Traver NOES: NONE MR. DEEB-Good luck, you guys. MR. TRAVER-See you in December. MR. MAGOWAN-I'd think about that bridge. MR. TRAVER-All right. That concludes the last item on our agenda for tonight. Is there any further business that needs to be brought before the Board? MRS. MOORE-You did approve the Site Plan application, is that correct, at the beginning of the meeting? MR. DEEB-I don't remember. MR. TRAVER-Yes, we approved. MRS. MOORE-Yes. Thank you. So that's the only remaining item. I did give you a handout for a Saratoga conference in January. I have heard from a few of you. MR. FORD-I'm not going to that. I'm not going to be back for that. MRS. MOORE-Okay. MR. TRAVER-So you're going to be in Florida, right? MR. FORD-Cocoa Beach. MRS. MOORE-All right, that's all I have. MR. TRAVER-All right, Laura. MR. FERONE-Did you say earlier right now just one meeting in November? MRS. MOORE-Correct. MR. SCHONEWOLF-The first one. MR. DEEB-Unless we demand. MR. TRAVER-Yes, we might insist on having a second meeting anyway. All right. Then can we have a motion to adjourn? "3 (Queeirts!)uiY"y Im'Ill p:w urni urns ui urnig IlBp:w uY°°d IINfte t lii urns MR. SCHONEWOLF-So moved. MR. FERONE-Second. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF OCTOBER 25, 2016, Introduced by Paul Schonewolf who moved for its adoption, seconded by George Ferone: Duly adopted this 25th day of October, 2016, by the following vote: AYES: Mr. Ferone, Mr. Magowan, Mr. Schonewolf, Ms. White, Mr. Deeb, Mr. Ford, Mr. Traver NOES: NONE MR. TRAVER-We are adjourned. Thank you, everybody. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver, Acting Chairman