Loading...
12-22-2016 ( ueenslbuiry Planning Board IMeeting 12/22/20,16) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING DECEMBER 22, 2016 INDEX Site Plan PZ 231-2016 Michael & Elaine Feeney 1. Freshwater Wetlands Permit PZ 232-2016 Tax Map No. 252.-1-21 Site Plan PZ 252-2016 Michael & Holly Dansbury 3. Tax Map No. 289.10-1-31 Site Plan PZ 258-2016 Brian Olesen 7. Special Use Permit PZ 259-2016 Tax Map No. 288.8-1-13, 288.8-1-14 Site Plan PZ 267-2016 Richard Mason 23. Tax Map No. 239.8-1-25 Site Plan PZ 265-2016 Glenn Durlacher 25. Tax Map No. 295.12-1-14 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 ( ueenslbuiry Planning Board (Meeting 12/22/20,16) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING DECEMBER 22, 2016 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN PAUL SCHONEWOLF, SECRETARY STEVEN TRAVER BRAD MAGOWAN GEORGE FERONE DAVID DEEB THOMAS FORD LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. HUNSINGER-Welcome to the meeting of the Town of Queensbury Planning Board on Thursday, December 22, 2016. Members of the audience, welcome. There are copies of the agenda on the back table. There's also a handout for public hearing procedures. I think every item has a public hearing associated with it this evening. All of the regular business is under Old Business. 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. 252.1-21 SECTION CHAPTER 94, 179-6- 060 DENNIS MAC ELROY, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura. MRS. MOORE-This applicant is here to construct a 2600 square foot single family home. The project requires Site Plan for construction within 50 ft. of 15% slopes and greater than an acre of stormwater disturbance. They did receive their Area Variance last night and that was in reference to locating stormwater devices within less than 100 feet of the wetlands. MR. HUNSINGER-Good evening. MR. MAC ELROY-Good evening. Thank you. I'm Dennis MacElroy with Environmental Design, here with Mike Feeney, the owner and applicant of this five acre parcel on Lockhart Mountain Road. We were here the other night for a recommendation. We've cleared that hurdle with the variance related to stormwater. This is a five acre lot, a single family residential development. As Laura indicated we're here because we're within 50 ft. of 15% slopes and the fact that we're disturbing more than an acre of stormwater project, and that triggers Site Plan Review. The house site is setback up the hill a little ways off the road 600 feet or so. We have a driveway accessing the house site. We will have a new wastewater system, a drilled well and the stormwater management system as required by the Town's regulations. They have updated you the other night, we have an application in to the APA. There's a restriction on this project. We're getting closer to that. We have had Town Engineer review on the Site Plan. We've responded to that. We haven't gotten feedback from that yet, but I think ultimately we'll 2 ( ueenslbuiry Planning Board IMeeting 12/22/20,16) be in good shape. I think we're going to satisfy Chazen's comments on the comments that they had issued. One thing I would mention that as a result of those comments one of the storm basins has been eliminated, the one on the north side of the driveway. They had made a comment that caused us to have to re-design something slightly, and we just created that volume elsewhere. So that eliminates that from the plan that you see in front of you. The final plan will eliminate that storm basin, assuming that Chazen is satisfied with that. MR. HUNSINGER-Okay. Questions, comments from the Board? MR. MAGOWAN-That's one long driveway. MR. TRAVER-Yes. MR. MAGOWAN-I hope you're not going to do it with a shovel. MIKE FEENEY MR. FEENEY-No, those days are gone. MR. TRAVER-We looked at this pretty carefully. MR. MAGOWAN-And you're the third person that's tried to do this. You're successful. MR. FEENEY-Hopefully. MR. MAGOWAN-Hopefully. No, it is up in that neck of the woods. Every time I drive up through there. It kind of reminds me of God's country. You're close enough to everything, but yet you're out there. MR. HUNSINGER-Okay. Not hearing any questions or comments from the Board, we do have a public hearing scheduled. Is here anyone in the audience that wishes to address the Board? No takers. This is a Type II SEQR so it's exempt from SEQR review. PUBLIC HEARING OPENED MR. HUNSINGER-If there's nothing else, do you want to make a motion. RESOLUTION APPROVING SP PZ 231-2016 FWW PZ 232-2016 MICHAEL & ELAINE FEENEY The applicant has submitted an application to the Planning Board: 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. 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 12/22/2016 and continued the public hearing to 12/22/2016, 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 12/22/2016; 3 ( ueenslbuiry Planning Board IMeeting 12/22/20,16) 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 231-2016 & FRESHWATER WETLANDS PERMIT PZ 232-2016 MICHAEL & ELAINE FEENEY; Introduced by Paul Schonewolf who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted; 2. Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff; b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; e) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. f) 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; g) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; h) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; i) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy. j) This resolution is to be placed in its entirety on the final plans Motion was seconded by Thomas Ford. Duly adopted this 22nd day of December, 2016 by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. MAC ELROY-Great. Thank you very much. SITE PLAN PZ 252-2016 SEAR TYPE TYPE II MICHAEL & HOLLY DANSBURY AGENT(S) CURTIS D. DYBAS OWNER(S) SAME AS APPLICANT ZONING WR LOCATION 9 HEMLOCK ROAD APPLICANT PROPOSES 572 SQ. FT. ATTACHED GARAGE AND 148 SQ. FT. ADDITION FOR KITCHEN AREA TO AN EXISTING 1,012 SQ. FT. (FOOTPRINT), 1,782 SQ. FT. (FLOOR AREA) HOME. THE GARAGE WILL HAVE A LOFT AREA FOR STORAGE AND STAIRS INSIDE GARAGE FOR ACCESS. PROJECT INCLUDES KITCHEN EXPANSION AND RENOVATION FOR A MASTER BEDROOM ON MAIN FLOOR. PURSUANT TO CHAPTER179-13-010 OF THE ZONING ORDINANCE, EXPANSION OF A NONCONFORMING STRUCTURE IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 4-2001 & AV 3- 4 ueenslbuiry Planning Board (Meeting 12/22/20,16) 2001 6X8 DORMER WARREN CO. REFERRAL N/A SITE INFORMATION CEA LOT SIZE .21 ACRE TAX MAP NO. 289.10-1-31 SECTION 179-13-010 CURT DYBAS, REPRESENTING APPLICANT, PRESENT MRS. MOORE-This applicant proposes a 572 square foot attached garage and a 148 square foot addition for kitchen area. An existing garage to be demoed. The applicant did receive variances last evening for setbacks. MR. HUNSINGER-Okay. Good evening. MR. DYBAS-Good evening. For the record, Curt Dybas representing Michael and Holly Dansbury. It seems great to be back in two nights again, but here we are. We went before the ZBA last night. Basically the Dansbury's wish to re-model this to be a year round house. The original camp is, I think it's 1950, but it may be older. The desire is to have a two car garage and flip inside, the renovation is to flip a bedroom and a kitchen so that the kitchen is adjacent to the garage, and make the master bedroom accessible to the existing bathroom. The rest of the existing house will remain as is. We have tried our best to allow for some more permeability on the property. We can handle one side of the garage roof with eaves drains. There is a 2001 new wastewater system that was installed. They added the bathroom back in that back area, and we are going to drill a new well and they figured they have a point in the basement. It just doesn't have the capacity. So the aim is to, we'd like to attempt to drill the well down by the shore after we tear the garage down. There's two massive trees there and I'm still waiting for the well driller to tell me if he can get through there. That'll be the question. We have an option. I'm also going to work with the Fasulo's to the west and we have Fasulo's permission, they're going to need a new well, is to we will take that right down their property and punch two wells down by the lake. So we'll be able to do this one way or the other, but we are going to have two wells. Mrs. Dansbury wants to do that for real estate reasons, and I don't understand and don't question. So that's where we're at, and the outside, we're going to leave it, match the siding. They just re-sided it a couple of years ago. We'll match the siding and hopefully once it's done you won't even know we did it. MR. HUNSINGER-Okay. Questions, comments from the Board? MR. FORD-The location you're proposing to drill the well is approximately how far from the nearest septic? MR. DYBAS-We're over 100 feet. MR. FORD-Okay. MR. MAGOWAN-Well, you did a nice job designing that garage to kind of fit right in, not an easy flip flop with the kitchen and the bedrooms. MR. DYBAS-It's a very tight site, and basically the question arose last night about the size of the garage, and that's about the smallest two car garage you can build, 22 by 22. There's the extra in the back because of the stairway. There's no storage. There's no basement. There's about 150 square feet of head knocking joists down there and trust me you wear a hat, but they need storage. There's nothing in the house, so we use attic trusses, and use the loft storage above the garage and when you reach a certain age pull down ladders don't work anymore. MR. MAGOWAN-Well, I can attest to that. I'm out at my parents' all the time now. MR. DYBAS-So am I. Mrs. Dansbury insisted that we put areal stair in. Said if we're going to use it for storage we need a real stair. MR. DEEB-So am I to understand that you're going to drill a well on somebody else's property? MR. DYBAS-No. MR. DEEB-It's going to be on your property. MR. DYBAS-It will be on this property, but the options are there's a, on the drawing it says one possibility is down between the trees right where she's got the arrow. The other possibility is to the west, and see where that hedgerow comes down between the lots? The hedgerow is on the neighbor's property, but we're going to drill a new well for the Fasulo's. So while we're down there we'll put the rig over across the property line and drill another well probably five to 5 ( ueenslbuiry Planning Board (Meeting 12/22/20,16) eight feet apart, but the new well will be on their property. Now we discussed one well, and we could do it, but. MR. HUNSINGER-Is there any concerns with capacity when you have wells that close together? No? MR. DYBAS-No. MR. HUNSINGER-Especially that close to the lake. MR. DYBAS-That's how they do it. They go deep enough, it's not groundwater. It's aquifer. MR. FORD-Aquifer. MR. HUNSINGER-Okay. Any other questions or comments? We have a public hearing scheduled on this project as well. Is there anyone in the audience that wishes to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-No comments? Any written comments? MRS. MOORE-There's written comments. They were read into the record the other evening. I also have spoken to this neighbor. I'll read his letter and then I'll explain. So this is addressed to myself. "Thanks for taking the time to speak with me today. I also spoke with Sue Hemingway. To follow up my review of the plans you directed me to on the Queensbury website, please note my items of interest with respect to this project are two-fold. On Page 15, the power and utility lines coming off my property (noted on the drawings as owned by Gordon Single, the previous owner who sold to me in 2004) are currently running across my driveway, in my line of sight from my home, and are dangerous as they are low hanging and running through my tree line. It is my belief that power and utility lines running to structures on the Dansbury lot should stay along the back of their property line and tie into their structures from the back of their lot and not across my lot. On Page 17, the septic is identified as being potentially relocated and the wastewater field is shown on the northeast corner of the lot. I would like to just note that my well is in a direct line behind the wastewater field and would like to ensure the required distances remain between our water source and any wastewater or septic discharges." So I've had a conversation with Don Brass. I explained that the tank is the only thing that is being moved, due to the garage location, and it's not the actual leach field being located. So they installed their septic in 2000. Dansbury's installed theirs in 2001. MR. DYBAS-This one was permitted by the Town of Queensbury in 2001. MRS. MOORE-So he understood that it wasn't a field that was changing the location. In reference to the utility lines I talked to Curt and the property owner and they will work that detail out prior to the construction time, but they're aware that this neighbor would like to have the utility lines drawn in a different way. MR. DYBAS-We've already discussed going into the eaves of the garage, which will raise this up considerably right now because it's on a stanchion off of the house, and hopefully we could work with Grid either to have them come off the secondary line and feed the house like they do with the Fasulo's. There's no chance of moving the pole because that's the main primary line that runs down through there, and that pole is, we're going to have to do something, working with Grid, to remedy the sight line, and it is low. I agree. The wire is very low, and I'm sure we could work it to hopefully everyone's satisfaction, possibly even go underground. I don't know. MR. SCHONEWOLF-If it's too low the power company's got to move it. I had that, and they'll move it. MR. HUNSINGER-Okay. Thank you. Any other comments? MRS. MOORE-There are no other comments. MR. HUNSINGER-Okay. Then we will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is also a Type II SEAR. So no SEQR review is required. Any other questions or comments from the Board? Should we put anything in the resolution regarding the utility lines? ueenslbuiry Planning Board (Meeting 12/22/20,16) MRS. MOORE-Utilities aren't really, I don't think the applicant or the neighbors have control of that. I think it's a utility issue. MR. HUNSINGER-That's what I was going to say as well, but I wanted to ask the question. MRS. MOORE-I do think that you want to discuss that right now there's two trees that are proposed to remain, and the well is being replaced, either additional landscaping if a tree has to come out or whether you want him to come back in case the trees, you've done that in other applications. I'm not suggesting that, but you should discuss that. MR. SCHONEWOLF-But if they come out they've got to replace them, right? MR. TRAVER-Well, I'm not sure that I heard they were going to come out. I heard that the alternate location would be by the neighbors. MRS. MOORE-Right. So I just want to make sure that it's clear that right now they're to remain. MR. DYBAS-They're huge. The oak I think is like 32 inch and the maple is like a 28 inch maple, and they are just massive trees. Just massive. The oak is just unbelievable. MRS. MOORE-So the idea is that in the waterfront zone we're talking about landscaping near the shoreline. So you, as a Board, you can discuss whether you need additional information, a condition in your resolution for that. You don't have to have it because they're on the plans to remain, but that also means that if they get torn down or they're to come out, then there's the potential that the applicant may have to come back to the Board. MR. DEEB-Why would they have to come out? What would cause them to have to come out? MR. DYBAS-Well, you take those trees at their age, you know, it's just a matter of time. They may be there through our lifetime but sooner or later they will die, and I just looked down. The oak is 38 inches. I mean it's just massive. MRS. MOORE-So I guess my concern is if the well drillers can't maneuver their equipment, one of the trees may have to come down for that. It wasn't an age issue. It was more of an issue about getting the well equipment to that location when they're drilling. MR. DYBAS-We talked to the neighbor, and the hedgerow that is the cedar hedgerow that you see on the drawing, the neighbor's willing to take part of that down to get the well driller down in there.. So we're able to make it work. MR. FORD-Without moving either tree. MR. DYBAS-Without removing either tree, and stay on the west side of the property rather than come down on the east side of the property. MR. DEEB-I think they should remain. MR. FORD-Absolutely. MR. TRAVER-Yes, and they are shown on the plan. MR. HUNSINGER-I was going to say, you know, my thought is they're shown on the plan. So if they come off the plan than it comes back here. MR. FORD-Before they come off the plan. Before they're taken down. MR. HUNSINGER-Exactly. MR. DEEB-Good point. MR. DYBAS-I came back for a big pine tree years ago. That was another mess. MR. HUNSINGER-Everyone all set? MR. FORD-Yes. RESOLUTION APPROVING SP PZ 252-2016 MICHAEL & HOLLY DANSBURY 7 ( ueenslbuiry Planning Board (Meeting 12/22/20,16) 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 572 sq. ft. attached garage and 148 sq. ft. addition for kitchen area to an existing 1,012 sq. ft. (footprint), 1,782 sq. ft. (floor area) home. The garage will have a loft area for storage and stairs inside garage for access. Project includes kitchen expansion and renovation for a master bedroom on main floor. Pursuant to Chapter 179-13-010 of the Zoning Ordinance, expansion of nonconforming structure in a CEA shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, 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 12/22/2016 and continued the public hearing to 12/22/2016, 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 12/22/2016; 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 251-2016 MICHAEL & HOLLY DANSBURY; 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) If application wall referred to engineering, then engineering sign-off required prior to signature of Zoning Administrator of the approved plans; b) 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; c) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; d) Dimensions and setbacks to be noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building site improvements. e) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; f) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; g) Resolution to be placed on final plans in its entirety and legible. Motion seconded by Brad Magowan. Duly adopted this 22nd day of December, 2016 by the following vote: AYES: Mr. Magowan, Mr. Ford, Mr. Ferone, Mr. Traver, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. DYBAS-Have a good holiday. 8 ( ueenslbuiry Planning Board (Meeting 12/22/20,16) MR. HUNSINGER-You, too. Good luck. SITE PLAN PZ 258-2016 SPECIAL USE PERMIT PZ 259-2016 SEAR TYPE UNLISTED BRIAN OLESEN AGENT(S) TODD GRIMM OWNER(S) FLINTLOCK CORP. ZONING CI LOCATION 1540 ROUTE 9 APPLICANT PROPOSES TO RENOVATE AN EXISTING 12,000 SQ. FT. BUILDING FOR INDOOR SHOOTING RANGE. INDOOR RANGE TO HAVE 3 BAYS, RETAIL SPACE, 2 CLASSROOM AREAS AND A STORAGE AREA. PROJECT INCLUDES NEW FACADE AND A 1,200 SQ. FT. ADDITION TO ASSIST WITH BAY LENGTH. PROJECT INCLUDES EXTERIOR RENOVATIONS — NEW LIGHTS, SIDING AND STONE FACADE. PROJECT SUBJECT TO SPECIAL USE PERMIT. PURSUANT TO CHAPTER 179-10-070 OF THE ZONING ORDINANCE, NEW COMMERCIAL USE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 49-89, SP 33-89, AV 51-89, AV 102-89 BP'S INTERIOR ALT., FREESTANDING SIGN, BUILDING DEMO WARREN CO. REFERRAL DECEMBER 2016 SITE INFORMATION TRAVEL CORRIDOR OVERLAY ZONE LOT SIZE 2.97 ACRES TAX MAP NO. 288.8-1-13, 288.8-1-14 SECTION 179-10-070, 179-3-040 TODD GRIMM, REPRESENTING APPLICANT, PRESENT; BRIAN OLESEN, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-This applicant proposes to renovate an existing 12,000 square foot building for an indoor shooting range. In addition they're proposing a new fagade along the front as well as a 1200 square foot addition to assist with the bay length. This project is also subject to the Special Use Permit criteria and the applicant has addressed that, and I won't go through each detail, but I'll just highlight the items that they've addressed. So under the general criteria it's Harmony with Comprehensive Plan, Compatibility, the access, circulation and parking, infrastructure and services, environmental and natural features and the long-term effects and that includes specifics as to the distance requirements. Indoor firing range shall not be located within 600 linear feet, measured from building to building, of an establishment licensed to dispense liquor, and then it goes further. The facility is 600 feet from a school, public park or place of worship. In addition the design and construction of the firing range shall completely confine all bullets and other projectiles within the building and in a controlled manner. So the applicant has addressed these items. Letter C it says no ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range. Letter D is fire arms stored on premises must be stored and secured under lock and key. Letter E is during organized shooting or training events, on-site supervision shall be supplied at all times by an adult with credentials as a firearms instructor or range safety officer. Letter F is on- site instruction shall be given only by certified firearms instructors. Letter G is an outside security plan for the general grounds, and the applicant has addressed that. Letter H is the transport of firearms on the premises, to the premises and from the premises, and the applicant has identified the State licenses, they have to follow those requirements. Letter I is in reference to minors shall not be allowed in the range and must be accompanied by an adult at all times. Letter J is indoor firing ranges shall not sell or dispense intoxicating liquors, and Letter K details the information about noise and the requirements in the Code that requires noise levels during certain, on an annual basis, and it's up to this Board, the applicant has provided some information, but this Board should detail that information, how it's going to be done on a yearly basis. That's all I have. MR. HUNSINGER-Okay. Thank you. Good evening. MR. GRIMM-Good evening. MR. OLESEN-Good evening. MR. HUNSINGER-So you made it through the Zoning Board. You're back. Did you have any new information to share? Was there anything that came up at the Zoning Board meeting last night that would be relevant to our discussion? There was a lot of discussion Tuesday evening, and I don't know if you're real familiar with the Staff Notes. Laura just summarized them, but there were several specific comments that were made. Staff would suggest the Board include the following as part of the review, and a lot of these things we talked about the other night. For example the sound measurements, the hours of operation, the soundproofing materials. It's kind of unusual to approve a project, and then to have the requirement for the sound readings, and so I just want to play devil's advocate for a second, since that is kind of unusual, what if the sound readings are higher than allowed? Do they then have to come back for additional Site Plan Review and talk about mitigation? 9 ueenslbuiry Planning Board (Meeting 12/22/20,16) MRS. MOORE-Mitigation or review, discussion with the Zoning Administrator. I think it's all triggered under the Planning Board review through the Special Use Permit, and maybe there's something else that the Zoning Administrator identifies that furthers additional review required. The applicant would have to come up with compliance. A Code Enforcement Officer would be out there also reading those values and I'm sure the applicant, if it's a noise issue, then they're going to identify new material that would need to be installed. MR. TRAVER-One thing that gives me some comfort with this is that it's based on an existing design that has met the sound. MR. HUNSINGER-Right. Yes. MR. TRAVER-So it's not a unique facility. MR. HUNSINGER-And I mean every question we asked you the other night you had a really good answer for. MR. GRIMM-Yes. Sound is one of those ones that can be, it's on a case by case. There's not a cookie cutter, here's what you've got to do. Every building has got to perform different between what it's made out of, how it's constructed, what's utilized inside of it, you know, to the firearms. A 22 is going to be less of a report than a 45. The owner of the, the president of Carey's who designs the range filtration system obviously has a lot of experience in other aspects of the range design, and I talked to him about, you know, particularly back in Green Island, what if we come up against issues with noise? What if we have a hard time with that, and his basic comment was, we can always add more. You'll always be able to get it under control. You would start with the basics, which are going to be your ballistic foam on your walls, on your safety ceiling, on your baffles, and from there you can always construct additional walls which we've already gone ahead with initially, you know, in our initial plan here to construct either a two by four or a two by six, whichever the architect decides to call for, outside of the range wall in that buffer zone from the Route 9 side of the building. So what would be the west side of the building. So we're already addressing, you know, obviously once we get to that point that we're testing for sound, we've bumped into a problem with the Code, I mean, we're already heavily invested at that point. We're all ready to start welcoming customers. So at that point it almost becomes whatever it costs we have to do. We can't get our permit or keep our permit unless we spend a lot of money. So it can always be solved to what level do we have to go. MR. OLESEN-He begged me not to speak tonight. However, looking at last night's approval, when you look at the ability for us to have that buffer between the building and the road itself, and because we were able to get approved last night, we're not supposed to guarantee, we will guarantee that it will meet the levels that we promise because we were granted that last night. That buffer right there will allow us very easily to control the sound between there and the front of the building by having that buffer, with the approval of the buildout in the rear. By having, what's that? MR. GRIMM-It's about 14 foot, and the architect labeled it as a lounge. It's really dead space. I mean, we really kind of lost 14 by 108 of any use to help address that. I mean, we could, I'm sure, have pushed that range all the way up against the outside wall and gone to 20 lanes and really created a super range, but, you know, that's always been a concern. That was the biggest concern I had when I went through the process in Green Island was the noise. People were afraid it was going to be like walking through a war zone. I would have to say as a compliment to the way it was constructed, there hasn't been a single complaint to the Mayor's office, the director's office, or the police department about a concern over what am I hearing, why am I hearing it so loud. MR. OLESEN-How many feet is it between us and the strip mall? MR. GRIMM-We're only about 75 feet to the strip mall. MR. OLESEN-The end of it. MR. GRIMM-The far end of it? MR. OLESEN-Yes. MR. GRIMM-About 800 feet. 10 ueenslbuiry IPlanning Board (Meeting 12/22/20,16) MR. OLESEN-So almost the entire length of that strip mall, not one complaint. Our nearest neighbor is, what, I should say the neighbor that had a concern, was well over 75. MR. FERONE-One thing I was going to say is, you know, it's interesting. There's two type of environments here, where you are down near Albany. Almost in that environment it's a city type. You talked about a body shop and all of that and there might be like some white noise that's helping you in your situation. Here, where you're going to be, you're on Route 9. You keep talking about the noise coming out towards the road. What about the back of the building? I mean, you have, there's nobody back there. If you go far enough, there's a mountain back there. Is any sound going to be amplified by anything coming out of the back side of the building? MR. GRIMM-That's another good question. We'll be running the acoustic foam the entire length so that the east wall will have the acoustic foam around the whole length of it. Again, the walls are filled. The current construction of the building is a metal building with that white blanket type insulation, and that type of insulation ironically is the best insulation. It's very open. It's very fluffy, and that just helps to soak up the sound. Brian was mentioning last night that he was thinking of buying a spray foam machine for some of his other projects and this project. Spray foam actually, ironically, is the worst kind of insulation. It's dense, it's hard and sound just bounces off it. So any of that fluffy, fiberglass type insulation is actually the best sort, basically. You want air space, basically. You want light, fluffy things to help. MR. DEEB-Would you say you over-designed it? MR. GRIMM-Yes. MR. DEEB-I'm just curious. You're taking extra precautions. MR. GRIMM-Right, knowing what the concerns were going to be. I mean, I was thinking about it last night driving home. It's, the air filtration system, that part, to me, is zero concern. MR. DEEB-Yes, it's the noise that we're talking about. Well, when we do sound measurements, are we going to do them from both sides of the building or just from the west side? MR. GRIMM-Yes, there wasn't really any criteria set. MR. DEEB-I'm just curious as to what. MR. GRIMM-1 had suggested at the road. He had mentioned the white noise, the cars going by. MR. DEEB-Well, I'm just curious. Maybe we should do some on the other side also. I don't think, if there's nothing back there but that land, but again, err on the side of caution. MR. SCHONEWOLF-Well, you can always make the measurement. MR. OLESEN-As far as the entire building, the range itself is encapsulated so all areas are covered. We'd be very comfortable with that. MR. HUNSINGER-I was going to say, the Code actually does specify, I mean, you'd have to apply the Code to your site, but it does specify once a permit is issued, the noise level shall be measured at least annually from the closer of the property line or a point 100 feet as measured from the closest exterior point of the building to any adjacent property owner's residence or place of business, whichever is closer. So it does specify. MR. GRIMM-1 think what Laura was referring to is there are no other structures on our side of the road. The other side, yes, they're there. So I had suggested that, considering that, we need to do that monitoring closer to that point as the property line. I don't think it would do anybody any justice to say, you know, on the south end of the building let's test it there. It's not going to affect anybody. It's going to be those people in motels on the other side of the street. So my thought process was to just do that, initiate that test in there. MR. DEEB-I'd still like to see it tested even on the south side. I'm more concerned with the south side than I am the east side, just out of curiosity. MR. HUNSINGER-Well, again, the Code, you know, I just read the Code. It says the lesser of the property line or 100 feet. So, you know, if we want to do something different, then we would have to specify that in the resolution. 11 ueenslbuiry IPlanning Board (Meeting 12/22/20,16) MR. FORD-1 have a question for Laura. As we look at these criteria, if you have impact on any modification, my recommendation would be that the wording be changed on J, dispensing intoxicating liquors. I think the liquors should be changed to beverages, and I believe that there should also be included in that any other substance that might impair the judgment or functioning of individuals who participate. That goes beyond alcohol consumption. MR. SCHONEWOLF-How are you going to enforce that without identifying the substance? MR. TRAVER-They'd be in violation of their permit. MR. SCHONEWOLF-Yes. MR. GRIMM-There is that in the pistol permit about, I'd agree with you, with your take on it wholeheartedly, and that's part of the NRA construction is they do discuss a little bit about being able to recognize, and that's what we talk to our guys about working the counter checking people in is. MR. FORD-1 think it's a local regulation issue that I'm recommending be addressed, that I think it needs to be addressed in its entirety, not this, the way it is here. There are a lot of issues beyond intoxicating liquors that we want to take care of. MR. DEEB-This involves selling them. I don't think you're going to sell. I don't think they're going to be selling them in the building. One of the reasons I'm on this noise issue, and I hate to beat a dead horse, but the problem that they had in Fort Ann with that motor cross just stirred up a bee's nest, hornet's nest. So I would just like to cover that now and get that taken care of here and avoid any problems that are similar to that, but it sounds like you've really taken the measurements needed. MR. SCHONEWOLF-They're a step ahead of Fort Ann. That's why Fort Ann's not approved. MR. DEEB-Leaps and bounds, but like I said, like Chris said, it's in the regulation, but we have to make a stipulation. MR. MAGOWAN-Well the two facilities that I have visited with the out of state indoor ranges you wouldn't have even known what was going on inside unless you didn't know where you were going. I mean, I knew I was going there, but you would have never heard it, and I know the process of being involved with Dunham's Bay, because we looked into the indoor, and all the stuff, I mean, just the air purification alone was a killer, but, I mean, what you're doing with the sound and that, 1, being in the building trade, understand that, and absorbing sounds, you know, going in restaurants that have, you know, the floor and tint ceilings, I mean, it just, you hear everything inside but you hear it outside because it's so loud on the inside, but what you're doing is putting up sound absorbing materials with your, you know, your solid and your breaks and that, and, you know, like you said, you might get closer it would probably sound like a two by four dropping on the floor, you know, if that, but I don't even think you're going to have that. I mean, plus, I know a 45 is louder but it's the bigger caliber rifles, you know, at the gun club, even when I'm working there, that first shot, you know, but you know you get up there with those 22's and they're like little put, put, put, you know, it's like, no, I think everything you're doing here, being familiar with, you know, what we've looked into doing at Dunham's Bay years ago. MR. OLESEN-Yes, if we can be successful in an area as congested as Green Island, we can guarantee that we're not going to have any problems in an area like 1540. MR. FORD-1 think this will establish the standard for this region. MR. TRAVER-Yes. MR. DEEB-Yes, I commend you on the steps you've taken. MR. OLESEN-We're very excited about it. I think this region really needs one, too. MR. FORD-Yes. MR. FERONE-So in here it says Adirondack Environmental Service is going to conduct the noise tests. Do they establish a baseline for you? MR. GRIMM-Yes, that would be the purpose of their initial testing. I believe that's what the Town is looking to have us submit annually is he has basically looks like a microphone and he 12 ueenslbuiry Planning Board (Meeting 12/22/20,16) would set it up at the designated point or points, and, yes, he would establish a baseline of, you know, again, I think it's like an eight hour sample. It would be a good general idea of, you know, your morning rush hour, your midday lull, your afternoon rush hour. So it's going to kind of set, you know, a tone for establishing, he'll be able to give you a min, a max, the mean, you know, and us as well. MR. MAGOWAN-They've done that around Great Escape, you know. MR. GRIMM-Yes. MR. MAGOWAN-Even up at my folks' neighborhood there. I told them to point it the other way the more sound comes from the go karts than Great Escape. Except for firework night, but I like them. MR. OLESEN-What's nice is the ease of working with a ballistic foam. If there was a problem it could be answered immediately with more ballistic foam. So if we did have a problem, which I'm positive we're not going to, we could quickly remedy it, and fortunately it's not a deal killer. MR. GRIMM-It runs about a dollar per square foot for inch of thickness of the foam. MR. DEEB-That's good news for us to hear. MR. GRIMM-Yes, it's not NIU. NIU is two inch foam in Green Island. The difference between it there and not there, it's actually amazing when you look at it. There's not much to it. They're two by two panels and they're just, they're pyramid shaped ridges and they just run horizontally and then every other one until it runs perpendicular. So they catch and diffuse all of the soundwaves. MR. MAGOWAN-It's amazing, and it also even quiets down inside, the reverberation noise. Like I said, I was amazed, you know, thinking, because being at the gun club, you know, with the mountain and all that, it echoed, but then you go in there and you thought it was going to be piercing but it's actually quieter than the outdoors. MR. HUNSINGER-Any other questions or comments from the Board? We have a public hearing scheduled for this project as well. Is there anyone in the audience that wishes to address the Board? No comments. Any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-There's no written comments. I will identify that the neighbor to the north of the property was at the Zoning Board meeting last night, and they are a tenant and a property owner. A day care is potentially moving in to that location. Their concern was with the firearms being displayed, and the applicant explained that you're not allowed to do that. It's against the law. And the noise that would potentially occur. MR. HUNSINGER-Okay. Thank you. We will open the public hearing and we will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-Let the record show no comments were received. MR. FORD-It's possible the day care facility will be noisier than this facility. MR. HUNSINGER-Right. I think that will be quite true. This is an Unlisted action. The applicant has submitted the Short Form. Are there any environmental concerns identified by the Board that we haven't addressed that they feel could lead to a moderate to large impact? MR. FERONE-No. MR. DEEB-No. MR. HUNSINGER-Okay. Would you like to make a motion for SEAR? RESOLUTION GRANTING A NEGATIVE SEQR DEC SP PZ 258-2016 SUP PZ 259-2016 OLESEN 1 ueenslbuiry Planning Board (Meeting 12/22/20,16) The applicant proposes to renovate an existing 12,000 sq. ft. building for indoor shooting range. Indoor range to have 3 bays, retail space, 2 classroom areas and a storage area. Project includes new facade and a 1,200 sq. ft. addition to assist with bay length. Project includes exterior renovations — new lights, siding and stone facade. Project subject to special use permit. Pursuant to Chapter 179-10-070 of the Zoning Ordinance, new commercial use 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 258-2016 & SPECIAL USE PERMIT PZ 259-2016 BRIAN OLESEN, 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 22nd day of December, 2016 by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-We were talking a few minutes ago about the approval resolution and some of the Staff comments. My thought is maybe to reference into the resolution the Special Use Permit specific criteria. MR. FERONE-1 was going to ask that, yes. MR. HUNSINGER-Because I think that addresses the whole, how do you measure the noise and it also addresses many of the Staff comments. Some of the distance requirements, though, they did get the variances from the Zoning Board. So obviously the specific criteria won't apply on this project. MRS. MOORE-Are you suggesting K only or the other criteria? MR. HUNSINGER-No, all of them, A through K. Or maybe we leave out the distance and reference B through K. MR. SCHONEWOLF-Well, yes, A through J is here, part of the resolution. Right? MR. HUNSINGER-Correct. MR. SCHONEWOLF-So you just add K to it. MRS. MOORE-1 just want to clarify. They weren't granted a variance for the distance for location to location. It wasn't necessary. It wasn't applicable. MR. HUNSINGER-Right. They got variances on. 1 ueenslbuiry IPlanning Board (Meeting 12/22/20,16) MRS. MOORE-Just the building setback. MR. HUNSINGER-Building setback. Not distance. All right. Okay. So if we reference this specific criteria in the resolution, then it's implicit how to do the noise readings and the requirements. Or should we be more detailed than that? MR. DEEB-I'd like to make sure we get a test of the whole building. That's the way it reads. MR. HUNSINGER-Well, it reads the closer of either, A, the property line or, B, a point 100 feet as measured from the closest exterior point of the building to any adjacent property owners residence or place of business, whichever is closer. So it only references the closest. MR. DEEB-Which would be the west side. MR. HUNSINGER-Yes, it probably would be. MR. GRIMM-The property goes much farther north. MRS. MOORE-But the building itself is, building to building would be the west side. MR. DEEB-The west side, but I would like to see the east side. MR. HUNSINGER-It would be the south side. MR. GRIMM-The only structure that's there is the billboard and then there's nothing I believe until the intersection of 149 where there's that ice cream. That was why I suggested. MR. MAGOWAN-The Loft. MR. GRIMM-Yes. MR. MAGOWAN-It's going to be a neighbor. It's The Loft. MR. GRIMM-Yes, that was why I suggested at Route 9. It made the most sense. MR. DEEB-I agree, but I'd still like to know just out of curiosity the east side also. MR. HUNSINGER-So if you look at the site plan, sheet one of one, if I'm reading the noise criteria correctly, it would be this point that's labeled on the site plan it's 6.8 inches from the proposed addition to the property line. So it would be that southeastern point of the building to the property, which is only seven feet. It would be this point right here. MR. DEEB-Southeastern or southwestern? MRS. MOORE-Southwest. MR. HUNSINGER-I'm sorry, southwest. MR. FORD-1 thought you said 6.8 inches. MR. HUNSINGER-Six point eight feet. Yes. MR. FORD-Right. MR. DEEB-I'm the only one that's worried about the other side. MR. OLESEN-Yes, the other side of the property is a void. It drops down, and the mountain itself is probably, what did we say, 250 yards from the building, and we will be doing a retail business there in this building. So I would say no the noise concern there. Can you imagine what would happen to us if there were noise and we had a retail establishment and classrooms within that building? That's why we're so confident that we won't' have any problems because, and this retail store is two and a half times the size of Green Island's. So it's much more open space. That's how, we're not concerned, I'm not concerned about the sound because obviously we wouldn't make that much investment into the retail or the classrooms if we were going to have any type of disturbance there. 15 ueenslbuiry Planning Board IMeeting 12/22/26,16) MRS. MOORE-So my suggestion would be, and this is for the Board to review, is the baseline readings could potentially, just baseline only, the west property line, the south property line and the east property line, and that would cover the baseline, and then annually at the southwestern. MR. DEEB-Yes, I'd be fine with that. MR. HUNSINGER-Okay. MR. FORD-That makes sense. MR. FERONE-Agreed. MR. FORD-Good solution. MR. DEEB-Thank you, Laura. MR. HUNSINGER-Yes, no, that's a great suggestion, and if you read in Item Two, it does say the Planning Board shall designate testing times for the ambient noise levels. So, okay. What I was referring to was where you tested annually. So that would totally make sense. How are we going to put that in the motion? MR. SCHONEWOLF-Tell me what you want. MRS. MOORE-So if you're going to include Letters A through K in your motion, you're going to add an additional condition to Letter 3 B. MR. SCHONEWOLF-I don't have K in here. MR. HUNSINGER-Well, no, we're creating a new Letter K. Resolution subject to the Special Use Permit. MR. SCHONEWOLF-Yes, I know, I got that part. MR. HUNSINGER-And then what you're suggesting, Laura, is where? MRS. MOORE-So to the resolution that's been prepared you're going to add a new K, but you're also going to say A through K, and then. MR. HUNSINGER-Right, I think that's the confusion. MRS. MOORE-And so Letter 3 B would have an additional condition that you're going to have baseline tests. MR. TRAVER-So under K, part 3, adding to b, the baseline testing at the property lines. MRS. MOORE-At the west, south and east property line. MR. TRAVER-Okay. MR. GRIMM-And that's the baseline or is that annually? MRS. MOORE-That's the baseline. And then annually thereafter would be on the southwest corner. MR. HUNSINGER-Here, I wrote it down if you can read my writing. MR. FERONE-Mr. Chairman, we talked, Tuesday night, about hours of operation. Are we going to put that in the resolution as well? MRS. MOORE-I'm sorry? MR. HUNSINGER-He was asking about hours of operation. MRS. MOORE-The only thing that I have, are you looking at my notes? Because mine are about noise, not hours of operation. MR. FERONE-I'm looking at sound measurements to be done daytime, evening hours. Okay. So do we want to have anything in there about hours of operation? 1 ueenslbuiry Planning Board (Meeting 12/22/20,16) MR. HUNSINGER-1 haven't heard anyone raise any concerns about hours of operation. MR. FORD-We talked about that. It was rather non-specific. MR. DEEB-But in the summertime up here it could get busy with tourists. MR. OLESEN-We're not capitalists. Is the Board asking for 10 to 8? It's probably easier to do that now, and not utilize the eight. MR. HUNSINGER-Is anyone concerned with the hours of operation from 10 to 8? MR. FERONE-No. MR. DEEB-No. MR. OLESEN-Put it this way. The system costs $41 an hour to run. So obviously you want to limit your hours of operation. You can't afford to run that system when you don't have participation. So that's why we generally have that 10 to 6, but obviously if it did get busy, I don't, I would want the business plan to be covered, also. MR. FORD-Yes. MR. OLESEN-Where we're not doing something outside of approvals. MR. DEEB-So 10 to 8. MR. GRIMM-Yes, 10 to 8. MR. FORD-If that works for you. MR. GRIMM-It works for us. MR. HUNSINGER-Anything else that members feel we need to add to the resolution? MRS. MOORE-Can I suggest? So under K in Number Two, discussing that you, the Planning Board would like testing on, so we identified the testing location but we didn't identify the testing span. MR. HUNSINGER-Well, they had said the other night that it would be at eight hours. MR. GRIMM-Yes, eight or more. I would say if we were to try to do it all during rush hour, that wouldn't be an accurate representation as opposed to, you know, if we did it. MR. DEEB-You'd get skewed results. MR. GRIMM-Exactly. MR. GRIMM-Doing it over an eight or twelve hour period is common. MR. FORD-So maximum time would be 10 a.m. to 8 p.m. MR. HUNSINGER-Yes. MR. DEEB-Yes, and you're open 10 hours. MR. HUNSINGER-Ten to eight is 10 hours. MR. DEEB-Why don't we use that as a base. MR. HUNSINGER-Ten hours. MRS. MOORE-So I just want to cover this. So annually you're going to do a 10 hour test. MR. GRIMM-During the hours of operation, 10 to 8. MR. DEEB-Yes. ,17 ( ueenslbuiry Planning Board (Meeting 12/22/20,16) MRS. MOORE-So the question here is it's 10 hours. So do you want to do 10 hours annually and that's your expense. MR. GRIMM-1 think the hours of operation is representative. That's a 10 hour span. MRS. MOORE-So is it reasonable to say that 10 hours is going to give you the sample, or would five hours give you the same sample? MR. GRIMM-No, I think you would want the full gamut. MR. HUNSINGER-Okay. MR. DEEB-Somebody's cringing up there. MR. GRIMM-He's worried about the hourly cost of the guy testing. MR. HUNSINGER-Anything else? MR. DEEB-I think we covered it. MR. HUNSINGER-1 think we're ready. Okay. MR. SCHONEWOLF-I hope you guys are. RESOLUTION APPROVING SP PZ 258-2016 & SUP PZ 259-2016 BRIAN OLESEN The applicant has submitted an application to the Planning Board to renovate an existing 12,000 sq. ft. building for indoor shooting range. Indoor range to have 3 bays, retail space, 2 classroom areas and a storage area. Project includes new facade and a 1,200 sq. ft. addition to assist with bay length. Project includes exterior renovations — new lights, siding and stone facade. Project subject to special use permit. Pursuant to Chapter 179-10-070 of the Zoning Ordinance, new commercial use 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 12/22/2016 and continued the public hearing to 12/22/2016, 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 12/22/2016; 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 258-2016 & SPECIAL USE PERMIT PZ 259-2016 BRIAN OLESEN; Introduced by Paul Schonewolf who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted; 2. Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff; b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; 18 ( ueenslbuiry Planning (Board IMeeting 12/22/20,16) c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; e) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. f) 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; g) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; h) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; i) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy. j) This resolution is to be placed in its entirety on the final plans Special Use Permit Specific Criteria: Sportsman's clubs/firing ranges. (1) Indoor firing ranges. (a) Distance requirements. [1] Indoor firing ranges shall not be located within 600 linear feet, measured from building to building, of an establishment licensed to dispense intoxicating or nonintoxicating beverages, nor shall it be in a building that dispenses liquor.-The facility is greater than 600 ft. from nearest entity of liquor sales and has stated in the application no liquor will be dispensed. [2] Indoor firing ranges shall be not be permitted within 600 linear feet, measured from building to building, of a school, public park or place of worship. The facility is greater than 600 ft. from the nearest building, of a school etc. (b) The design and construction of the firing range shall completely confine all bullets and other projectiles within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered engineer in the State of New York. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls and floors. The certified plans shall state what type, maximum caliber, and power of ammunition the range is designed to totally confine. The project when constructed will be required to have an engineering sign-off for the specifications identified. Staff would include this item as a condition as part of the review. The applicant has indicated the design is based on the criteria of the MRA's Range Source Manual. (c) No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range. The applicant has indicated only pistol caliber firearms to be used and only with ammunition sold at the facility. (d) Firearms stored on the premises must be stored and secured under lock and key when not in use and when the range is closed for business. The applicant has indicated the Federal Firearms License requires secure storage —where the facility will store items in glass cabinets. The facility will also be monitored by Centrally Monitored Alarm System. (e) During organized shooting or training events, on-site supervision shall be supplied at all times by an adult with credentials as a firearms instructor or range safety officer. This individual shall be responsible for the conditions of safety and order on the firing line and the premises. The applicant has indicated Range Staff will have NRA Range Safety Officer or a comparable State or federally issued certification. 10 ( ueenslbuiry Planning Board (Meeting 12/22/20,16) (f) On-site instruction shall be given only by certified firearms instructors. Current certificates for firearms instructors shall be made available for inspection upon request. The applicant has indicated that instructors must be certified as an NRA Pistol Instructor. In addition, Law Enforcement are certified to provide instruction NYS Dept of Criminal Justice to provide instruction. (g) An outside security plan for the general grounds shall be submitted to the Planning Board or designee for review and approval. The applicant has indicated an alarm system is to be installed on site. This will include motion sensors, glass break sensors, panic buttons and a CCTV system for interior and exterior monitoring. (h) The transport of firearms on the premises, to the premises and from the premises shall conform to applicable state laws and regulations. Both State and Federal licenses have requirements for transportation that will be met as indicated by the applicant. (i) Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor. The applicant has indicated minors under are allowed under supervision of a parent or legal guardian that meet the requirements of the facility. Q) Indoor firing ranges shall not sell or dispense intoxicating liquors, nor shall they be in a building which contains a business that sells or dispenses nonintoxicating or intoxicating liquors. The applicant has indicated no alcohol will be provided and if believed to be under the influence will not be allowed use of the facility. (k) Noise: [1] No indoor firing range shall be permitted or operated in such a manner which causes the exterior noise level to exceed the ambient noise level by more than five decibels during daytime hours nor more than three decibels during nighttime hours. The indoor firing range shall be designed, engineered and constructed so as to ensure compliance with this section. All soundproofing shall comply with accepted industry standards. [2] The permit applicant shall be responsible for establishing and reporting to the Town the ambient noise level of the proposed site before the issuance of an indoor firing range permit. The Planning Board shall designate testing times for the ambient noise levels based on approved hours of operation. Such testing shall be conducted to include an average of multiple readings taken over the prescribed period of time. [3] Once a permit is issued for the indoor firing range, the noise level at the facility while guns are being discharged shall be measured at least annually from the closer of: [a] The property line; or [b] A point 100 feet, as measured from the closest exterior point of the building, to any adjacent property owner's residence or place of business, whichever is closer. [Southwest corner] [4] The sound level meter used in the conducting noise evaluations shall meet the American National Standard Institute's standard for sound meters or an instrument and associated recording and analyzing equipment which will provide equivalent data. The applicant has indicated they will be using the services of Adirondack Environmental Services to conduct noise sampling. The applicant has suggested the following: 1) An 8 hour sample at the site to establish a baseline to be conducted at the property line due to the closest affected structure is across the street on Route 9 a. The Baseline should be conducted prior to tourist season and then during tourist season due to the large seasonal fluctuation of traffic on Route 9. b. The baseline test shall be conducted at the west, south and east property line. Testing time shall be 10 hours, 10 a.m. to 8 p.m. c. Testing shall be conducted based on the recommendation of the testing agency. [k. Noise2] L) That the hours of operation be a maximum of 10 a.m. to 8 p.m. 20 ( ueenslbuiry Planning IBoard IMeeting 12/22/20,16) Sheet: SP-2 Compliance with Zoning Requirements This sheet is intended to show how we will abide by the requirements set forth in the recently revised zoning law.Attached is a copy of the revised law. Indoor Firing Range (A)The facility meets all criteria for distance from liquor dispensing establishments, schools,parks or places of worship. (B) The range design criteria are based on the Specifications set fourth in the NRA's Range Source Manual. Wall construction will be concrete block filled solid with grout. Ceiling protection will be 3/16 plate steel(one thickness higher than the NRA's minimum). (C) We will only allow pistol caliber firearms to be used on the range and will also only allow ammunition we sell to be used on the range, further insuring we control exactly what is used on our range. (D)Our Federal Firearms License requires this of us and our facility.Fireanns will be stored in glass cabinets and the entire facility will be monitored by a Centrally Monitored Alann System. (E) As we do at our Green Island Facility all our Range Staff will have at a minimum either NRA Range Safety Officer certification or a comparable State or Federally issued certification.This individual oversees all activities occurring on the range and is ultimately the person in charge of the range. They have the authority to address,correct or remove someone from the range as they see fit. (F) Currently, any instructor who provides instruction at the range must be certified as an NRA Pistol Instructor. We do also allow Law Enforcement Officials certified by The New York State Department of Criminal Justice Services(NYS DCJS)to provide instruction.All instructors are covered under our General Business Insurance under the Professional Liability coverage endorsement. (G)We will have a professionally installed and maintained centrally monitored alarm system on premise. This system will utilize door contacts,motion sensors and glass break sensors and be fully armed during non business hours. It will also be equipped with"panic"buttons as well as fire and smoke detection. Additionally,we will have a CCTV system installed which will cover both the interior and exterior of the facility. Motion was seconded by George Ferone. Duly adopted this 22nd day of December, 2016 by the following vote: MR. SCHONEWOLF-Testing time shall be 10 hours, from 10 a.m. until 8 p.m. MR. FORD-Are we going to specify that those will be the hours of operation? MR. SCHONEWOLF-No, I said the testing time. MR. DEEB-It should also be the hours of operation. 21 ueenslbuiry IPlanning IBoard (Meeting 12/22/20,16) MR. SCHONEWOLF-Well, it could be different. He could change his hours. He could close early. MR. TRAVER-Yes, I agree, and it's already part of the record. MR. FORD-I'd feel more comfortable if it specified that as. I believe, typical of many commercial establishments, we establish the maximum hours of operation, and I think that should be specified here. There's already agreement. MR. HUNSINGER-So would you like to make an amendment to the motion? MR. FORD-That the hours of operation be a maximum of 10 a.m. to 8 p.m. MR. HUNSINGER-Okay. We have an amendment. Is there a second to the amendment? MR. DEEB-Second. MR. HUNSINGER-Second. Any further discussion? MRS. MOORE-Mr. Chairman, that would be considered Letter L for reference. MR. HUNSINGER-Yes. MRS. MOORE-And then my second comment is the sample time that you're testing for annually. Right now you don't have a designated time, whether that's done every September or every October. One of the things that it could be is non-tourist versus tourist season. MR. HUNSINGER-Good point. MRS. MOORE-So it would be twice a year. MR. DEEB-What about Memorial Day weekend? MR. HUNSINGER-There you go. It's really loud then. MRS. MOORE-So right now he's going to establish a baseline with a non-tourist and tourist season, but he's also going to be operating year round. What you could do, if it's done annually, do you want one taken during tourist season, a second taken during non-tourist season. MR. HUNSINGER-Well, I guess my thought is, and I guess this is not scientifically correct. If they're adding to the ambient noise level, it really wouldn't matter if it were tourist season or non-tourist season. That's just my own thought. I could be wrong. I mean, let's say, for argument's sake, their operation, and I'll just pick a number, we don't really know, I guess I could see where it would be different. Maybe their noise levels are 60 decibels, but maybe background noise during the tourist season is 70 and during non-tourist it's 50. MR. OLESEN-It depends how many Canadians are present. MR. TRAVER-Yes, I mean, sound is sound, you know, it's a physical thing. MR. FERONE-Are we talking about the interior sound? MR. HUNSINGER-No, the exterior. MR. DEEB-The ambient noise. MR. TRAVER-1 would perhaps say at times of the year to be recommended by the testing organization. I mean, that's their business. So let them recommend it. MR. HUNSINGER-Yes, right. Or maybe the Town Engineer? MR. TRAVER-Well, but the Town Engineer isn't an acoustic engineer. The testing agency is. So they would probably say, here's when, because I mean they're the ones that are going to be certifying the results. MR. HUNSINGER-Right. 22 ueenslbuiry IPlanning Board (Meeting 12/22/20,16) MR. TRAVER-So I would just say at times recommended by the testing procedure. MR. FORD-We could do an on or about July 15th and January 15tH MR. TRAVER-How about 9:30 p.m. on the 4th of July? MR. SCHONEWOLF-I like recommended by the testing company. MR. FERONE-How about this, I mean, it's done upon the launch of the operation, and then six months after that? We don't know when they're going to be starting their business. MR. HUNSINGER-Right. MR. FERONE-Based on the construction that they have to go through. MR. SCHONEWOLF-That's why I would word it to the testing company. They can't test when they're not here, I mean when they're not around. MR. HUNSINGER-Do you have any thoughts? MR. TRAVER-How did you do it in Green Island? MR. GRIMM-They just did it when we opened, and again Green Island is very laid back. I mean, I think I could have written out what I was going to do on one of these tissues and they would have been good with it. They literally had a sound meter on their cell phone that they downloaded as an app. MR. OLESEN-And most of the testing that we do in Green Island is on our own, it's our own responsibility to qualify for the OSHA stamp. MR. GRIMM-1 guess to the discussion I would maybe add is we discussed the other night that, you know, what if there's seven people at once shooting. It's not necessarily that there's, that noise is multiplied by a specific multiplier. A car driving down the street. MR. TRAVER-It's going to be the frequency not the volume. MR. GRIMM-Exactly. If it's in February it's going to make the same noise on the road as it is if it's in August. I don't know if there really is theoretically a better or worse time to do it. MR. TRAVER-1 would submit that if there is a better or worse time, the people to ask, if they were here, would be the people doing the testing and they would probably tell us. MR. SCHONEWOLF-That's right. MR. GRIMM-1 mean, we know what the goal is, is to try to, for us to stay within the limits. MR. TRAVER-They're going to want to get a balanced sample. MR. SCHONEWOLF-That's right. MRS. MOORE-So your suggestion is to utilize the time suggested by the company. MR. DEEB-The testing company. MR. TRAVER-Because they're probably familiar with this procedure, and I'm sure that they go to other businesses where testings are required once a year and they go through a procedure to establish based on what they anticipate that ambient noise to be and the business generated noise to be. They probably have, just like the environmental engineers have, a formula for the, you know, stormwater. Those guys probably say, okay, here are your hours of operation. Here's what you're doing. Here's the times and dates that we would do it. I mean, that's their job. That's their business. MR. OLESEN-What about submitting two tests to you folks for the first year of business and then we'll go once annually? That way you'll at least have two tests within the first physical year where you can reflect on and see that we're within the agreed noise ordinance. MR. DEEB-So you're saying one in the height of the summer and then one in? 23 ( ueenslbuiry IPlanning IBoard (Meeting 12/22/2016) MR. OLESEN-Correct. MR. GRIMM-And then one around the time that we're opening, and then six months later. MR. FORD-Six months later. MR. GRIMM-We're really trying to shoot for the June timeframe so that that would get you that. MR. OLESEN-And we would have two tests within the six month span in which we give, obviously these are certified results. You would know immediately that we're within the realm of acceptable noise, and then we can go annually and just submit the reports to the Town from then on. MR. DEEB-I was also going to say the testing company could consult with our engineer, just to consult. All right. Never mind. I like your idea. MR. HUNSINGER-So we're making a new item. So would someone like to make a second amendment? MRS. MOORE-It would be K 2. MR. DEEB-The number of hours in the resolution, I was going to say maximum number of hours. So if they want to open earlier they're going to have to come back. Right? MR. HUNSINGER-Yes. No, we already covered that. Let's worry about the testing. Would anyone like to make an amendment to clarify the testing? MR. TRAVER-Well, I'd like to suggest that the language be that testing shall be conducted based on the recommendation of the testing agency. MR. HUNSINGER-Okay. We have an amendment to the motion. Do we have a second to the amendment? MR. FERONE-Second. MR. HUNSINGER-Second. Okay. MR. DEEB-So we're not going to do it twice a year? MRS. MOORE-You are doing it twice a year. It's just getting it annually. MR. DEEB-The first year do two tests recommended by the testing company. MR. HUNSINGER-Right. MR. HUNSINGER-Okay. Any further discussion? We have an amended motion. Call the vote, please. AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. OLESEN-Thank you. MR. GRIMM-Thank you very much. MR. DEEB-We wish you the best and congratulations. MR. OLESEN-We appreciate your time. SITE PLAN PZ 267-2016 SEAR TYPE TYPE II RICHARD MASON AGENT(S) WILLIAM MASON OWNER(S) SAME AS APPLICANT ZONING WR-1A LOCATION 10 SENECA DRIVE, CLEVERDALE APPLICANT PROPOSES 768 SQ. FT. SECOND STORY ADDITION, 56 SQ. FT. TWO LANDINGS TO AN EXISTING 768 SQ. FT. (FOOTPRINT/FLOOR AREA) HOME. PROJECT OCCURS WITHIN CEA. PROJECT IS PART OF TAKUNDEWIDE 2 ( ueenslbuiry Planning Board (Meeting 12/22/20,16) MASTER PLAN. PURSUANT TO CHAPTER 179-3-040 & 179-13-010 OF THE ZONING ORDINANCE, EXPANSION OF A NONCONFORMING STRUCTURE WITHIN A CEA ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE 94572-3917 SEPTIC WARREN CO. REFERRAL DECEMBER 2016 SITE INFORMATION CEA, APA, LGPC LOT SIZE .05 ACRE TAX MAP NO. 239.8-1-25 SECTION 179-3-040, 179-13-010 BILL MASON, REPRESENTING APPLICANT, PRESENT MRS. MOORE-This applicant proposes a 768 square foot second story addition, also two entryway decks, one of 32 square feet on the west side and 24 square feet on the south side. The applicant received an Area Variance in reference to the Floor Area and the second. MR. HUNSINGER-Okay. Good evening. MR. MASON-Good evening. Bill Mason here. I'm the agent. The applicant is my brother Richard Mason. He isn't here tonight. MR. HUNSINGER-Is there anything that came up last night that you want to share with the Board? MR. MASON-1 think that they spoke to all of the same issues that you spoke to two nights ago. It seemed to go longer last night, but everything did, but I don't think that there was anything in particular that bothered them when we got all through. We talked about septic systems, but there were no conditions. I believe they were satisfied by my explanation. MR. SCHONEWOLF-That's because they live over there. MR. HUNSINGER-Okay. Questions comments from the Board? MR. FORD-1 have none. MR. FERONE-1 think we covered everything the other night. MR. HUNSINGER-We do have a public hearing scheduled. Is there anyone in the audience that wishes to address the Board? Any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-No. MR. HUNSINGER-We'll open the public hearing and let the record show no comments were received, and we'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type 11 SEQR so no SEQR review is required, and unless there's something else to add, a motion is in order. RESOLUTION APPROVING SP PZ 267-2016 RICHARD MASON 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 768 sq. ft. second story addition, 56 sq. ft. two landings to an existing 768 sq. ft. (footprint/floor area) home. Project occurs within CEA. Project is part of Takundewide master plan. Pursuant to Chapter 1793-040 & 179-13-010 of the Zoning Ordinance, expansion of a nonconforming structure within a CEA 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 has reviewed the potential environmental irnpaGtS of the prc)jeGt, pursuant to the State Environmental Quality Review AGt (SEQRA) and adopted a SEQRA Negative DeGlaration Determination of Nen_Sionifinanno �li ��T TffGG�T"fG�i 25 ( ueenslbuiry Planning Board (Meeting 12/22/20,16) The Planning Board opened a public hearing on the Site plan application on 12/22/2016 and continued the public hearing to 12/22/2016, 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 12/22/2016; 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 267-2016 RICHARD MASON; 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) If application wall referred to engineering, then engineering sign-off required prior to signature of Zoning Administrator of the approved plans; b) 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; c) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; d) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; e) Dimensions and setbacks to be noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements. f) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; g) Resolution to be placed on final plans in its entirety and legible. Motion seconded by Thomas Ford. Duly adopted this 22nd day of December, 2016 by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. MASON-Thank you. SITE PLAN PZ 265-2016 SEAR TYPE UNLISTED GLENN DURLACHER AGENT(S) GREAT ESCAPE THEME PARK OWNER(S) GREAT ESCAPE THEME PARK ZONING CI LOCATION 1115 STATE RT. 9 APPLICANT PROPOSES AN EXTERIOR WOOD SCULPTING BUSINESS USING 4,500 SQ. FT. AREA (1,200 SQ. FT. WORK SPACE & 3,300 SQ. FT. FOR DISPLAY. PROPOSED AREA HAS PREVIOUSLY BEEN USD FOR GREAT ESCAPE OVERFLOW PARKING. PROJECT INCLUDES 120 SQ. FT. SHED FOR STORAGE OF MATERIALS. SITE WILL USE EXISTING CURB CUT ON ROUTE 9. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, NEW RETAIL BUSINESS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE MULTIPLE AND SP PZ 24-2015 TRAFFIC DISCUSSION WARREN CO. REFERRAL DECEMBER 2016 SITE INFORMATION TRAVEL CORRIDOR OVERLAY ZONE LOT SIZE 10.48 ACRES/1/5T" ACRE (USING ONLY A 4,500 SQ. FT. PORTION) TAX MAP NO. 295.12-1-4 SECTION 179-3-040 GLENN DURLACHER, PRESENT MR. HUNSINGER-Laura? 26 ueenslbuiry IPlanning IBoard (Meeting 12/22/20,16) MRS. MOORE-So this applicant proposes a wood sculpting tree art business that uses 4,500 square foot of area that he's going to lease from The Great Escape and 1200 square feet is going to be a work space with 3,300 square feet for display. The applicant has met with our office a couple of times and had discussions on the phone and my Staff Notes identify that the storage building was not for the application. It has now been moved to a different location on the property, and the only issue with this is that the final plans should note where that location is because it's greater than 75 feet then he needs another distance variance, and I will also add that the Fire Marshal and I have had discussions in reference to the potential use of a storage building that's owned by The Great Escape of this applicant and the Fire Marshal has explained to Staff and The Great Escape that that building needs to be compliant, up to Code, and at this time the applicant, Glenn, cannot store materials in there until that building's brought up to Code. MR. HUNSINGER-Okay. Thank you. Good evening. MR. DURLACHER-I'd like to hand out these other two things. They kind of just give you more detail as to my plan, if I could do that. MR. HUNSINGER-Okay. Yes, sure. MR. FERONE-While you do that, I just had a question. Laura, when you said the Fire Marshall said the storage building needed to be compliant, did he specify what that was? MRS. MOORE-I think there's many items. So this is the building, not his unit that he has moved there, but there's a red building that needs to come into compliance. MR. DEEB-So they've moved it? MRS. MOORE-There's two buildings that we're talking about, the building that is the 120 square feet that Glenn has brought to the site and then there's an existing building on the site that the applicant would like to use, but right now the applicant cannot use that building until it is brought into compliance. MR. SCHONEWOLF-Yes, that's the one that's got the problem. MR. HUNSINGER-Okay. The floor is yours. MR. DURLACHER-My name's Glenn Durlacher. I'm a sculptor, and my location was at 1084 State Route 9. I've been there for four years and my landlord, I have a great relationship with him, but he's doing something different with the property. So I've come to an agreement with Great Escape to try and move to 1172 State Route 9. This I'm proposing is going to be similar. The difference between locations is going to be I'm proposing more of a sculptured garden, and this here, the top location really shows where the sculptures would be in planters, like eight by ten oval round planters with the large, let's say 10 foot sculptures in the center with smaller like 3 foot sculptures encircling those, and then beds of rocks, and I showed you, in another piece of paper there, to kind of diagram how that would look. There's a separate area. I'll have like three, actual four planters, one around the center and the other planters, and also it shows the difference. I'm going to take down the front fence, and then wood posts around them so it looks a lot better and do carvings on those posts. MRS. MOORE-You're not going to take down the chain link fence? MR. DURLACHER-Yes, I'm going to take the chain link off, off all the way off, take the chain off, and then in the center, I'll see if there's the other one there. See the center looking straight back would have two posts. Yes, right here is, this is the planters that are existing right now, and there's a big old maple tree right here. What I'm proposing, this is currently 10 foot metal pipes. I'm taking one out in the center and encircling these with pieces of wood with carvings on top straight down, and again the main difference between the first drawing that I have was my idea that I want to encircle more decorative planters right here, surrounded by stones about this big that I can get from the Hudson, and then there would be mulch in through here. This is where my wood be and this is where the wood area, work area would be. MR. TRAVER-So those elements that you're describing would not be for sale. They would be part of the permanent display? And then your work area would be behind that. MR. DURLACHER-Everything's going to be for sale. A lot of what I do is custom work. So these large sculptures, like I have a horse head, as you can see there, I use for kind of like 27 ueenslbuiry IPlanning Board (Meeting 12/22/20,16) marketing. So a people come by they don't just see bears. I do all kinds of sculpture. I'll be doing, a do a lot of animals, wildlife, dogs, religious sculptures. I'm actually also going to be selling, doing some marble. I was just in Carrera, Italy in May. I'm taking a class. So I'll actually have smaller sculptures in a display around the big wooden planter, like that existing wooden planter here, near that big tree. MR. FERONE-Mr. Durlacher, so when you refer to work area, is that where you would actually be doing the sculpting with the saw and all of that? MR. DURLACHER-Yes, this work area is where I would be doing the, if I were going to be doing, yes, that's where I would be doing the work. MR. SCHONEWOLF-Where's the storage shed? MR. DURLACHER-I'm sorry? MR. SCHONEWOLF-Where's the storage shed that you want? MR. DURLACHER-The storage shed would be right here, 75 feet. MR. SCHONEWOLF-Okay. Can you work without that until it's approved? MRS. MOORE-That's not the shed that I'm talking about. So the shed that Mr. Durlacher has placed on the property just needs to be at the certain distance. It's an existing building that's on the site. MR. FERONE-On this drawing it says barn. Would that be it? MRS. MOORE-Yes. MR. FERONE-Okay. MR. SCHONEWOLF-But you can work without having access to that? MR. DURLACHER-Yes. During the summer it's going to be necessary, but initially I wouldn't need it. MR. SCHONEWOLF-Have you applied for, does the Town know that they have to certify that? MRS. MOORE-So I'm talking about the barn that needs to meet Code requirements. The shed itself, that's an issue with the Building and Codes Department whether that needs a permit or not. So that's something that happens at the Building and Codes level but the barn itself is a separate issue. MR. TRAVER-Well, whatever structures you plan on using, if you decide you're going to use the shed or the barn, you're going to make sure that it's Code compliant. MR. DURLACHER-Yes, all of it. MR. FERONE-Are you limited, it's a rather large area. Are you limited to just specific spot there in regards to how you're going to operate your business? MR. DURLACHER-Right. The other barn, yes, this is where I'm going to be operating the business, right here. This area. The planter, the existing planter where the tree is, right in front of it. MR. FERONE-So you're going to be close to the property line that is the property line where Martha's operation is? MR. DURLACHER-Yes, I'll be a good 10 feet from the property line, from here to here. This is also an existing fence. This is going to be, the actual metal fence I'm going to take off, and then decorate these posts, those like metal posts, with wood, about six inches in diameter by about three and a half feet tall, and then attach a rope to them so that it doesn't look like just regular chain link fence. MRS. MOORE-1 guess the purpose of removing the fence, is that for pedestrian access? 28 ueenslbuiry IPlanning Board (Meeting 12/22/20,16) MR. DURLACHER-Yes, pedestrian access and also to make it, I'm going to have a rope there so there's still a fence but it's not so intrusive. MR. FERONE-1 know in previous years you've been here, when you moved to your last location where you are right now. We always talk about noise because you use a chainsaw for some of the work that you do in that. In your course of a week and during the day, how many hours have you actually got a chainsaw going where you're working on a certain project? MR. DURLACHER-At this location, well, I use a lot more than just chainsaws anyway, a lot of hand tools. At this location I'll probably use the chainsaw like from probably say 10 until 1 or 2. 1 can't hold on to a chainsaw that long. Nor do I like to. MR. FERONE-You'll be vibrating at the end of the day without it. MR. DURLACHER-Yes, but so what I'm going to be doing is saving, working say from two o'clock on with more hand tools. It's easier to talk with customers also, like electric grinders and chisels and, yes, and chisels and more, less noisy. MR. HUNSINGER-Were there any noise complaints from the old location? MRS. MOORE-Bruce and I talked about the previous site location and he didn't bring that up to me. MR. HUNSINGER-Okay. MR. DURLACHER-No, I had no, I had a good relationship with Adirondack Video and the Smoke Shop right next door. MR. SCHONEWOLF-Didn't you demo that chainsaw in here one night out in the parking lot? And we couldn't even hear it. MR. DURLACHER-Yes, it was out in the parking lot. Yes, it's a small saw. MR. DEEB-We discussed that before. MR. TRAVER-1 remember that. MR. DEEB-The question I've got, and first of all I wanted to know if you were going to bring that gorilla back that was there years ago when it was Animal Land. Could you sculpt a gorilla and put it there for old time's sake? MR. DURLACHER-1 actually just did a carving of one of those sasquatches, a bust up in Whitehall. MR. DEEB-Do you remember the gorilla? Does anybody remember the gorilla that was out there? MR. TRAVER-1 remember the gorilla. MR. DEEB-It was pretty intimidating. It scared the heck out of me as a kid, but it was pretty intimidating. The other question was what about parking? MR. DURLACHER-Right now I have maybe on Saturday say six customers a day, six to eight customers a day. Usually one or two at a time. I have four parking spaces here, and I'll be parking my car in the back when Great Escape is not busy. MR. DEEB-I guess you're in a different location here, in a much more open commercial location than you were down at the Smoke Shop. I think you probably might attract a few more people coming, especially coming out of Great Escape. MR. DURLACHER-Right. MR. DEEB-I just want to make sure you have adequate parking. I mean, I don't think that Dennis is going to let him park in his spot. He never has enough over there, and I don't think The Great Escape is going to let you use their spot. I'm just a little worried about only four spots. 29 ueenslbuiry IPlanning Board (Meeting 12/22/20,16) MR. FERONE-Another question I had is on this drawing you indicate you're going to have some type of signage there. Would you explain what that is going to be/ MR. DURLACHER-Yes. Is there a photograph of my existing sign? Yes, there it is there. Here it is right here. That sign is six by eight, and it stands up 16 feet, and this is it right here, and what I'm going to be doing, instead of up lighting it, it's going to be down lit from the top. All the power already exists right here. So I'll just have to run a line to the sign. MRS. MOORE-I'll just note that the sign will need to be reduced to 45 square feet unless you want to pursue a Sign Variance. Forty-five square feet is the maximum size sign. MR. DURLACHER-Okay. MRS. MOORE-So if you're going to keep it larger than 45, it's a separate application and that would be before another Board. MR. DURLACHER-Okay. MRS. MOORE-That's why I'm asking. MR. DEEB-Is there a minimum requirement for parking? MRS. MOORE-Yes, so the applicant is required to have six spaces. He's explained that there's four that he has on site. I believe, and I understand from the pre-application that if he needed additional parking to the rear of that planter box, that that could be made available. MR. DEEB-So you need two more spaces. MRS. MOORE-Right. I mean, he has it available. He's only marking four on site. MR. DEEB-But they're there just in case. MR. DURLACHER-Yes. MR. HUNSINGER-So one of the questions I have, you just talked about power. Staff has indicated that you've said you might use a power generator. MR. DURLACHER-I'm sorry, I didn't understand? MR. HUNSINGER-Do you plan to use a power generator? MR. DURLACHER-No. MR. HUNSINGER-You have power on the site. MR. DURLACHER-Yes, power will be on site. MR. HUNSINGER-Okay. Any other questions from the Board? MR. FERONE-1 know we talked earlier about your hours of using the chainsaw and all that. What's your general hours of operation? MR. DURLACHER-Generally, like general hours are 11 to 6. Whether, yes, my general hours are 11 to 6 say Wednesday through Sunday. I do a lot of work, custom work on location. So on those days I'll just be closed. MR. FERONE-Thank you. MR. HUNSINGER-Is there any other lighting on the site, other than your sign? MR. DURLACHER-That is pretty much, I might have a couple lights by the, by my shed just coming down, like a night light so, you know, motion detector light. MR. MAGOWAN-More for security. MR. DURLACHER-Yes, for security. 30 ueenslbuiry IPlanning IBoard (Meeting 12/22/20,16) MR. HUNSINGER-So when I hear the word security light, I think of, you know, great big lights that hang on barns that are very bright and shed a lot of light out. So when you say security light, can you be more specific? MR. DURLACHER-Yes. Just a flood light, a regular, I don't know what the 100 watt, you know, flood lights on either corner. I was thinking of like at Christmas decorating these, you know, the front, with some lights. MR. MAGOWAN-But basically what you're talking is a household, you know, flood light sensor. MR. DURLACHER-Correct. MR. TRAVER-As opposed to a big commercial site. MR. DURLACHER-Yes, just a flood light. Yes. I don't need, you know, it's just more for like security. MR. TRAVER-So could we say not more than 100 watts? MR. DURLACHER-Correct, and that's down lit. MR. MAGOWAN-Is that per fixture, Steve? MR. TRAVER-Well, I think you're only talking about one security light. MR. MAGOWAN-He said two, one on either corner. MR. DURLACHER-Yes, probably one on either corner. MR. TRAVER-Okay, so then it would be, yes. MR. MAGOWAN-Or you get the one with the two heads there that, you know, and point either way. MR. DURLACHER-Right, yes, either way. MR. MAGOWAN-Put it up at the peak of the shed or something. MR. DURLACHER-Yes. MR. MAGOWAN-So that would be up to two 100 watts. MR. DEEB-And they'll be down lit. MR. DURLACHER-Yes, they'll be down lit. MR. DEEB-You just don't want them to shine out on the road. MR. DURLACHER-Yes, right. They'll be down lit. I want to utilize this existing planter if I can for little small carvings, and also I'll be doing marble, I'm going to be putting some pieces out in through here also, but I just can't make them that heavy, because then you have to lift them. I don't want anybody stealing them. MR. DEEB-Do you need special tools for marble other than chainsaws? You must have special tools. MR. DURLACHER-There's no chainsaw work with marble. MR. DEEB-What kind of tools would you use? MR. DURLACHER-Let's see. MR. MAGOWAN-Cutting wheels on a grinder? MR. DURLACHER-Yes, it's a grinder. It's one of those big, massive grinders, and you have a wheel about like this big and you just saw, basically saw areas and hit it with the chisel, I mean a sledgehammer and knock the pieces off, mostly large removal. 1 ueenslbuiry Planning Board (Meeting 12/22/20,16) MR. DEEB-Would that be noisier than a chainsaw? MR. DURLACHER-Not even. MR. MAGOWAN-Dave, when's the last time you cut a rock with your chainsaw? MR. DEEB-That's not what I'm saying. You people aren't listening to me. Nobody's listening. That's not what I asked him. MR. DURLACHER-Well, I noticed when you're cutting rocks with a chainsaw, you have to hold on tight. MR. SCHONEWOLF-Before it flies. MR. MAGOWAN-And wear a spark guard. MR. DEEB-I was curious as to the comparison of the noise level of the grinder to the chainsaw. Now do you understand? MR. MAGOWAN-Well you didn't say that. MR. DEEB-Because you weren't listening. MR. DURLACHER-Actually if you could hit, you know you really have to wear protective gear so you don't get hit with a rock when you're working with marble. If you get hit, you definitely know it. MR. MAGOWAN-No, he's got a picture in there with a small hand grinder with his fine carvings there, and like you said, you're probably going to go up what is it like a 10 inch grinding wheel? MR. DURLACHER-Yes, it's a 10, 1 think it's a 10 inch. MR. MAGOWAN-That's a tad bit of an expensive diamond blade, isn't it? MR. DURLACHER-Yes. I have small diamond blades now. MR. MAGOWAN-1 mean, that's just an electric motor and really, you know, marble is softer. So you really don't get the twine if you were cutting into a granite without. MR. DURLACHER-Another thing, too, here, just to kind of give you an explanation, is like this is a detail of one of the four planters. So that horse head that I have say, and for instance, would be in the center, there would be marble all around it with the stones and then each of these would be like different, because I do a lot of dogs and other equestrian carving and maybe some Indian, Native American carvings, but they would be low. There would be say three or four feet, and so five or six sculptures around each one of those. So basically you'd be looking at three large sculptures. These would be kind of medium sculptures here, and then small sculptures on that existing vent around the tree, and I just think it's a pretty location for what I want to do, and, you know especially with me being here only a quarter of a mile down the road from where I was. MR. DEEB-I think it's more visible. MR. DURLACHER-Yes, more visible. MR. MAGOWAN-Yes, you're going to have all the people coming off of Blind Rock Road looking straight at your carving. MR. DURLACHER-Well, I've been talking with Ray and Eric at The Great Escape. I'm going to be doing some work with them, ice work also at the Lodge, and so the kind of work where I'll be making the sculptures. People will be able to see me making the sculptures for Great Escape. So I think it would be a good partnership. MR. HUNSINGER-Okay. Anymore comments, questions from the Board? MR. FORD-We addressed the curb cut. MR. SCHONEWOLF-It's already there. 2 ueenslbuiry IPlanning Board (Meeting 12/22/20,16) MR. TRAVER-He's going to use the existing curb cut. MR. SCHONEWOLF-He's going to use the existing one, because that's a parking lot, overflow parking lot. MR. DURLACHER-Yes, I'll use the curb cut right here. MR. FORD-No additional, no expansion of that? MR. DURLACHER-No. MR. FORD-That's all I wanted to clarify. MRS. MOORE-I'll ask one more question. In reference to the barn, if it becomes a compliant barn, are you proposing to use the entire barn for storage or half? MR. DURLACHER-Half. It's under 2600, 25 square feet, I believe. MR. HUNSINGER-Any other questions? We do have a public hearing scheduled this evening. Is there anybody in the audience that wishes to address the Board? Any written comments? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. HUNSINGER-Okay. We will open the public hearing and let the record show no comments were received. We'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is an Unlisted action. The applicant has submitted a Short Form. Are there any environmental concerns that any of the Board members have identified? MR. FORD-No. MR. HUNSINGER-Would you like to make a motion for SEAR? MRS. MOORE-Before you make a motion or consider that. The fence that you're proposing to modify, is that owned by The Great Escape? MR. DURLACHER-No. MR. HUNSINGER-I'm sorry, Laura? MRS. MOORE-So just to clarify the applicant has proposed to remove the fencing from the corner of where Martha's is to the curb cut. MR. HUNSINGER-He's modifying the fence. MR. DURLACHER-I'm just modifying it. MRS. MOORE-Well, he's removing it to the point where he's removing the chain link itself. MR. HUNSINGER-Right. MR. FORD-Right. He's replacing it with rope and posts, wooden posts. MR. MAGOWAN-He's basically going to sleeve the metal posts. MR. DURLACHER-Right. MR. MAGOWAN-So all he's doing is removing the link, sleeving the metal posts and then putting some rope, decorative rope along and then possibly Christmas lights during the Christmas holiday season. MRS. MOORE-But that wasn't part of the original proposal, so I just want to make sure it is now. MR. FORD-Thank you. ( ueenslbuiry Planning Board (Meeting 12/22/20,16) MR. DURLACHER-Well, I just thought it would look nicer, from a road visibility, you know, going down the road. MR. MAGOWAN-1 just want to make sure you can use your shed because I really like shed, and with two different colored doors, that's like an Australian. MR. DURLACHER-Those doors, they're going to be one color eventually, but those doors are 150 years old. MR. MAGOWAN-Don't make them one color. That shed is awesome. Your cookie truck looks nice there too, now, all dolled up. Really, you've done a nice job with the site that you had and I'm sorry you've got to move down, but I believe that's a nice venture with Great Escape and I think you'll do well down there. MR. DURLACHER-Thank you. 1 believe so also. MR. MAGOWAN-And you do nice work, like I said. MR. DURLACHER-Thank you. MR. MAGOWAN-It's always nice to see you start and see the finish. It's amazing. MR. DURLACHER-Thank you. MR. HUNSINGER-Are you ready? MR. SCHONEWOLF-Yes. RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP PZ 265-2016 GLENN DURLACHER The applicant proposes an exterior wood sculpture business using 4,500 sq. ft. area (1,200 sq. ft. work apace & 3,300 sq. ft. for display. Proposed area has previously been used for Great Escape overflow parking. Project includes 120 sq. ft. shed for storage of materials. Site will use existing curb cut on Route 9. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, new retail business 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 265-2016 GLENN DURLACHER, Introduced by Paul Schonewolf, who moved for its adoption. 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. Motion seconded by Thomas Ford. Duly adopted this 22nd day of December, 2016 by the following vote: 34 ueenslbuiry Planning Board (Meeting 12/22/20,16) AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-So we had a lot of comments, a lot of clarifications. A lot of them are on the plans that were submitted this evening. I don't know how many of these we want to include in the motion. The hours of operation, site lighting. MR. TRAVER-Site lighting probably should be, the security lights. That should probably be limited to two fixtures, maximum of 100 watts at least. MR. DEEB-I think you need to mention the fence is being taken down, also. MR. HUNSINGER-Well, it is shown on the plan. MRS. MOORE-As long as, you're going to reference the plans as submitted this evening, location of sculptures or location of where it says Number Five on my list of things, numbered displays of sculptures, some of your wording should include some of the drawings he submitted tonight. I don't know it off the top of my head to rattle them off. MR. SCHONEWOLF-Well, you don't know how many display sculptures he's going to have there at one time. MRS. MOORE-But he has a potential layout of where those sculptures are setting up. MR. SCHONEWOLF-Yes, he does, but he can change it. MRS. MOORE-So right now if this plan is approved as submitted, then that's the locations, approximate locations, where they would be located and the number of display areas that he would have. If you want to grant another or less, the Board has the opportunity now. If Code Enforcement, is there going to be an outstanding issue if there's four display rings? I don't know, but right now there's only two or three display rings. MR. DURLACHER-Actually one will be around the sign. So there will be four. MRS. MOORE-Four plus the planter. So there's five. MR. DEEB-Five display rings. MRS. MOORE-1 don't have a preference I just want to make sure you're aware what's on his plans is what's going to be evaluated. MR. HUNSINGER-Does everyone understand that? MR. TRAVER-Yes. MR. HUNSINGER-It's sort of implicit that we're reviewing what's been submitted and what's been submitted is what is expected. MR. TRAVER-Yes, I would agree with that. If there's a significant change, we can look at it again. MR. HUNSINGER-Right. Okay. MRS. MOORE-I've got, for site storage, knowing that the barn specifically needs to be upgraded to Code. I have the suggestion that if the barn is to be used and it's brought up to Code then the applicant's indicated that he's only using half of that building for storage, and at the moment we didn't have that information until now. That should be included as part of the applicant's presentation tonight. MR. HUNSINGER-Does it matter if he uses half or all of it or a quarter of it? MRS. MOORE-You should be aware of what it is as part of your Site Plan Review. MR. HUNSINGER-Well, it's all inside the building. 5 ( ueenslbuiry Planning Board (Meeting 12/22/20,16) MR. MAGOWAN-Well, he might be only renting half of it off of Great Escape, but The Great Escape has the other half for stuff that they need. He said that he's only going to use half of it. MRS. MOORE-That's fine with me, but you need to identify that. MR. MAGOWAN-Glenn, isn't it easier just to sculpt, just to design and sculpt things? MR. DURLACHER-Well, I can't draw. MR. MAGOWAN-It's amazing what you can do with a chainsaw but you have a problem with a pencil? MR. DURLACHER-Yes. It's a different skill. MR. MAGOWAN-No, you do nice work. MR. DURLACHER-Thank you. MR. HUNSINGER-Okay. MR. MAGOWAN-No, I think you did a nice job with your drawing. I like to see it. MR. HUNSINGER-Okay. RESOLUTION APPROVING SP PZ 265-2016 GLENN DURLACHER 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 an exterior wood sculpture business using 4,500 sq. ft. area (1,200 sq. ft. work apace & 3,300 sq. ft. for display. Proposed area has previously been used for Great Escape overflow parking. Project includes 120 sq. ft. shed for storage of materials. Site will use existing curb cut on Route 9. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, new retail business 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 12/22/2016 and continued the public hearing to 12/22/2016, 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 12/22/2016; 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 265-2016 GLENN DURLACHER; 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) If application wall referred to engineering, then engineering sign-off required prior to signature of Zoning Administrator of the approved plans; 36 ueenslbuiry Planning Board (Meeting 12/22/20,16) b) 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; c) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; d) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; e) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; f) Resolution to be placed on final plans in its entirety and legible. g) Sign to be Code compliant. h) Hours of operation are generally 11 a.m. to 6 pm. i) Lighting will be limited to two security lights of no more than 100 watts each, downcast; and five display rings k) Storage barn must be brought up to Code before use. Planned use by Mr. Durlacher is 50% of the existing storage barn. Motion seconded by Brad Magowan. Duly adopted this 22nd day of December, 2016 by the following vote: MR. SCHONEWOLF-And we have added to it signage dimensions are 6 x 8 x 16. MR. HUNSINGER-Well, that would be noncompliant though. MR. SCHONEWOLF-What did you suggest when you were talking about it? MRS. MOORE-The sign needs to be 45 square feet or less. MR. SCHONEWOLF-Okay. So sign will be Code compliant. MR. DEEB-Code compliant unless he wants a variance. AYES: Mr. Magowan, Mr. Ford, Mr. Traver, Mr. Ferone, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. DURLACHER-Thank you, fellows. MR. HUNSINGER-The by-laws for our Board specify that we follow Roberts Rules of Order, and since I intend to make a motion, I will assign a temporary Chairman of Mr. Schonewolf. I will make a motion to nominate Steve Traver for Chairman of the Planning Board for 2017. MR. SCHONEWOLF-Is there a second? MR. FORD-I'll second. MR. SCHONEWOLF-Anymore nominations? If not, somebody make a motion to close the nominations. MOTION TO CLOSE THE NOMINATIONS FOR CHAIRMAN OF THE QUEENSBURY PLANNING BOARD FOR 2017, Introduced by Chris Hunsinger who moved for its adoption, seconded by Thomas Ford: Duly adopted this 22nd day of December, 2016, by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Hunsinger NOES: NONE ABSTAINED: Mr. Traver 37 ueenslbuiry Planning Board (Meeting 12/22/20,16) RESOLUTION TO NOMINATE STEVEN TRAVER 2017 PLANNING BOARD CHAIRMAN MOTION TO NOMINATE STEVEN TRAVER FOR CHAIRMAN OF THE PLANNING BOARD FOR 2017. Introduced by Chris Hunsinger who moved for its adoption, seconded by Thomas Ford: Duly adopted this 22nd day of December, 2016 by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Hunsinger NOES: NONE ABSTAINED: Mr. Traver MR. TRAVER-I'd like to make a motion to nominate Chris Hunsinger for Vice Chairman. MR. FORD-I'll second it. MR. SCHONEWOLF-Anymore nominations? Does somebody want to make a motion to close the nominations? MOTION TO CLOSE THE NOMINATIONS FOR VICE CHAIRMAN OF THE QUEENSBURY PLANNING BOARD FOR 2017, Introduced by Chris Hunsinger who moved for its adoption, seconded by George Ferone: Duly adopted this 22nd day of December, 2016, by the following vote: AYES: Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Deeb, Mr. Hunsinger NOES: NONE RESOLUTION TO NOMINATE CHRIS HUNSINGER 2017 PLANNING BOARD VICE CHAIRMAN MOTION TO NOMINATE CHRIS HUNSINGER FOR VICE-CHAIRMAN OF THE PLANNING BOARD FOR 2017. Introduced by Steven Traver who moved for its adoption, seconded by Thomas Ford: Duly adopted this 22nd day of December, 2016 by the following vote: AYES: Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-I'd like to make a motion to nominate George Ferone for Secretary of the Planning Board for 2017. MR. FORD-Second. MR. SCHONEWOLF-Any other nominations? If not, does somebody want to make a motion to close the nominations? MOTION TO CLOSE THE NOMINATIONS FOR SECRETARY OF THE QUEENSBURY PLANNING BOARD FOR 2017, Introduced by Chris Hunsinger who moved for its adoption, seconded by Thomas Ford: Duly adopted this 22nd day of December, 2016, by the following vote: AYES: Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Deeb, Mr. Hunsinger NOES: NONE RESOLUTION TO NOMINATE GEORGE FERONE 2017 PLANNING BOARD SECRETARY 38 ueenslbuiry Planning Board (Meeting 12/22/20,16) MOTION TO NOMINATE GEORGE FERONE FOR SECRETARY OF THE PLANNING BOARD FOR 2017. Introduced by Chris Hunsinger who moved for its adoption, seconded by Thomas Ford: Duly adopted this 22nd day of December, 2016 by the following vote: AYES: Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-The floor is yours. MR. SCHONEWOLF-Thank you. You guys bear with me just for a few minutes. There's just a couple of thoughts I want to leave with you, before I leave. Seriously, first I do thank you for your consideration and cooperation in the 10 years that I've been here. It's been quite an experience, and I want you to know that in my job with the cable business I've probably visited 35, 40 of these types of Planning Board meetings to get franchises and so forth, plus I do quite a few in Schenectady County, and I can honestly say, as of this time, there were none that were any better than this Board. This Board has come a long way in the last seven years. This all started when I moved up here 10 years ago and Stec had called myself and a couple of other guys in and I told him I didn't want anything to do with politics and he said, good, you're on the Planning Board. So I said what's the problem, and he said I've had so many complaints from people in this Town about the Planning Board and the Zoning Board that we've got to make some changes. So I said all right, I'll give you three years and I'll be in Albany. So while I was doing that, I came across the fact that we had a person serving on the Planning Board whose term had expired a year ago and somehow the Town Attorney missed that. So then there was another appointment and we were able to change out two people on the Planning Board right away, and then Dan finally did the Zoning Board and that's how it all got started. When I got to the Planning Board, it became obvious, being an outsider, not being as close to it as some of you people were, that this was an unusual Planning Board. There was a, I don't want to call it a click, but there was a group of four people, or sometimes five, that had a different agenda than what you normally have on a Planning Board. Their agenda was I've got mine, I don't want anybody else to have theirs, and therefore when things came up for new homes and new this and new that, there was a ready group to come up here and vote it down, and they did, and the Chairman and the Vice Chairman can't do anything about that, you know, they're, it happens it happens. I thought the people were very selfish and we went along and made more changes and more changes, and as we did, things changed. If you notice in the last four or five years, this Board asks more questions, good questions, visits the site, pays attention to what's going on, and because they do that, the people that are taking care of the applicants, the engineers, who you've got some of the finest ones here, they suddenly decided to help their people find solutions to the problem so they could build, and the people that were causing us the trouble, the Water Keeper and his people and some of these people on Assembly Point and so forth, they don't come to the meetings anymore because they know that this Board is not preconceived to any idea. They take things as they come, and that's what makes this Board such a good Board, and there's a couple of other things that you've got going for you that most Planning Board's don't have. One of them is you've got a staff second to none as far as preparing you. I mean, I walk in here and any idiot can be secretary because it's all done. The work is done for you. We used to sit here and the secretary used to write them out with a pencil, erase them, write some more, erase them. It would be a half hour for one resolution. Right? MR. HUNSINGER-Yes. MR. SCHONEWOLF-It was terrible, and the only way it was going to work is if the Town stepped in and Laura and others did and now you've got it made because they do a ton of the work, and they do a great job. MR. HUNSINGER-They do. MR. SCHONEWOLF-And you won't find this with any other Planning Board and I thought Niskayuna was good, but it's not this good. Other things that happened is the professional leadership remained, thank God. You have a good project engineering company. I was always against that. I always thought the engineer had to be on staff, but these guys have convinced me they can do the work. You'll always have a timing problem. They'll never get it there when you want it sometimes, but they do a good job, and you can bank on what they submit to you, and that's what keeps you going. The other thing is you have good legal representation. A lot of Planning Board's use a house lawyer, nothing against those, and, or 39 ueenslbuiry Planning Board (Meeting 12/22/20,16) the Boards have their own lawyers, but you've done very well without having a lawyer by your side every moment. You don't need it because you're so well prepared by the Staff, and when you do have a dicey one, you've got one of the best guys in the State to come in here and advise you, and he does. So, you know, it's, you've got it made. You really do, and some guy asked me the other day, he said what was your favorite project, your favorite case from the Planning Board. I said I'll just mention just one before I leave, and that is that there was a case, some of you will remember it, that really made this Board look good. It was the Kitchens. The people wanted to build a house where some guy with a lot of money and a lot of influence had come in and clear cut the area, which was illegal, and then was going to not let them buy the lot, and that erupted into a lot of problems on the north, for the Town because a lot of people up there have a lot of money, too and they felt it was wrong, but this Board approved the house, and it went through five challenges. That's as many as you can go through in this State, four was legal and one was the Bureau of Municipal Affairs, and every single challenge this Board one, and they didn't win by just one or two votes. They won almost a majority vote. That shows what kind of Board you have and how good you are and how you can stick to your guns. So my message is keep it up, goodbye and, you know, God speed. MR. MAGOWAN-Thank you, Paul. MR. DEEB-Thank you, Paul. MR. FORD-You will be missed. MR. DEEB-Very sorely. MR. FORD-Thank you. MR. SCHONEWOLF-Well, Laura won't miss me because I was always around causing trouble. MR. HUNSINGER-I'd like to make a motion to adjourn. MR. FORD-I'll second it. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF DECEMBER 22, 2016, Introduced by Chris Hunsinger who moved for its adoption, seconded by Thomas Ford: Duly adopted this 22nd day of December, 2016, by the following vote: AYES: Mr. Magowan, Mr. Ferone, Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Traver, Mr. Hunsinger NOES: NONE On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman 0