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11-14-2017 II,:°itaitaliituhTyY IBoard 11o14!k'". )I.�,� QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING NOVEMBER 14, 2017 INDEX Site Plan No. 29-2015 Garvey KIA 1. REQUEST FOR EXTENSION Tax Map No. 303.6-1-4 Site Plan No. 57-2015 Queensbury Partners (Fowler Square) 4. REQUEST FOR EXTENSION Tax Map No. 289.19-1-23 Site Plan No. 71-2014 David Hartman 6. REQUEST FOR EXTENSION Tax Map No. 239.12-1-15 APPROVAL RESOLUTION Planning Board Change in Elections Schedule 8. Site Plan No. 66-2017 Mike Badera 9. ZBA RECOMMENDATION Tax Map No. 226.16-1-20 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING II,:°it a it a li it uhTyY Board d I 1/14 k'" 1.�,� NOVEMBER 14, 2017 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, CHAIRMAN CHRIS HUNSINGER, VICE CHAIRMAN DAVID DEEB, ACTING SECRETARY BRAD MAGOWAN JAMIE WHITE JOHN SHAFER, ALTERNATE MICHAEL VALENTINE, ALTERNATE LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. TRAVER-All right. I apologize for running a little late tonight. We will call the meeting to order for the Town of Queensbury Planning Board for November 14th. We do have some Administrative Items before we begin tonight and for those in the audience, there should be some schedules on the, agendas on the back table, and the first order of business tonight will be the approval of minutes from the September 19th, 2017 and September 26, 2017 meetings, and if everyone is, unless anyone has any corrections to those minutes, I'll entertain a draft resolution. APPROVAL OF MINUTES September 19, 2017 September 26, 2017 MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES OF SEPTEMBER 19TH & SEPTEMBER 26, 2017, Introduced by David Deeb who moved for its adoption, seconded by Brad Magowan: Duly adopted this 14th day of November, 2017, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver NOES: NONE MR. TRAVER-All right, and then next we move to some Administrative Items that we have. The first one being Site Plan 29-2015 for Garvey KIA. ADMINISTRATIVE ITEMS: SITE PLAN NO. 29-2015 GARVEY KIA REQUEST FOR 18 MONTH EXTENSION TO MAY 2019 SEAN GARVEY, REPRESENTING APPLICANT, PRESENT MR. TRAVER-They're requesting an 18 month extension to their approval to May 2019. Laura, can you give us some background on that? MRS. MOORE-Yes. The applicant supplied information that indicated they're not ready to move forward yet and Mr. Garvey's here as well if you want to hear some information from him. MR. TRAVER-If you'd like to state your name for the record and tell us about your request. MR. GARVEY-My name's Sean Garvey. I'm one of the owners of Garvey Auto Group and this is for a Site Plan. We plan on building a KIA dealership. It's just north of the Volkswagen KIA store off of Quaker Road. I've just had a number of issues with another project I've been working on and they've all been resolved now. I honestly can give this full attention now. That's simplistically put. If I look a little older than I was last time I was here, it's your imagination. MR. TRAVER-All right. Anything else? Flll iruiruliirug Board I 1/14 2 1.�,� MR. GARVEY-That's it. I can answer a lot of questions but I don't think it's necessary. MR. TRAVER-But basically it's just you need the delay to be fully prepared to move ahead with the project. MR. GARVEY-Yes. MR. TRAVER-Okay. Any questions from members of the Board for the applicant? MR. VALENTINE-What was the original approval date for this project? I'm looking at it, and I know we had a discussion at a previous meeting about. MR. TRAVER-The length of the? MR. VALENTINE-Yes, and I'm looking at this, my first question going through this and writing notes for myself, what was that. MR. MAGOWAN-May 17th of 2016. MRS. MOORE-So actually to go back, it says originally approved in June 2, 2015. Sorry. MR. MAGOWAN-Was it that long ago? MRS. MOORE-Yes. 2015, yes. Your draft resolution has that information. MR. MAGOWAN-June 2, 2015. MR. TRAVER-So I think, not to speak for the applicant, and Sean you can correct me if I'm wrong, but I think some of it has to do with the time of year that they would commence. If we go 12 months they're going to be in November. So I suspect a lot of it has to do with the time of year. If you're going to get an extension, you might as well get it until spring. MR. DEEB-When do you plan on starting, Sean? MR. GARVEY-Basically like we need to get final plans from the architect, the site plans, but we're totally approved, obviously. MR. DEEB-Do you have a target date? MR. GARVEY-We're reducing the size of the footprint, we believe, of the building, and then that modification has to require KIA national approval. So it's an arduous process, but I honestly have not been giving it the attention that it deserves. MR. DEEB-Do you have a target date to start? MR. GARVEY-Oh it would be very nice to break ground as soon as we can in 2018. Possibly in the winter because that's the best time to do site work. MR. VALENTINE-All right. So you're saying winter or spring? MR. GARVEY-Yes, we would like to start. MR. VALENTINE-So you've got an expiration of May of 2019 though? MR. GARVEY-Yes, it was 18 months. I've had so much bad luck with this other project I was on, I've asked for the maximum basically. I imagine you could ask for more, but I thought that was very reasonable. MR. TRAVER-And this is the first request for an extension on this project. Correct? MR. GARVEY-1 believe that you've given me one extension before. MRS. MOORE-Yes. MR. TRAVER-You've already had one extension? Okay. 3 II,:°it a it a li it uhTyY Board d I 1/14 k'" 1.�,� MR. VALENTINE-I'm not going to sit here and pound questions at you and make it look like a bad guy. It's just we've had this discussion before and people have talked about one year, and now we've got two of them coming back with 18 month extensions. MR. TRAVER-Yes. MR. DEEB-The one that we didn't approve, was it last week, last month. MR. TRAVER-Last month I think. MR. DEEB-Last month, and we didn't approve it, was that an extension for two years or 18 months? MR. TRAVER-1 think it was three years and we extended it for one year and of course thinking that they could come in and extend it yet further if they wanted to. We felt that three years was excessive. MR. MAGOWAN-Yes. MR. TRAVER-They're asking, Garvey is asking for a year and a half. MR. DEEB-If it's a precedent that we're going to set, would it be a problem to come back in a year and ask for another extension if you needed it? MR. TRAVER-Well, technically we can't set precedent because we're not an adjudicative body. MR. DEEB-I understand. MR. TRAVER-We can set a practice, though. So a future applicant could come in, hypothetically, and say well you approved one for 18 months so you should at least consider ours. Of course we would have to consider it anyway to make an application. So really what we do with the application doesn't really have an impact on what we might do. MR. DEEB-Okay. Is there a problem to go for a year and then come back if you needed it? MR. MAGOWAN-Well, no, I don't think that's fair, because if it was just up to Sean, you know, it would be one thing, but, you know, Mr. Garvey's got to go up against KIA and they're downsizing. So that's going to tie up, you know, probably three, four months right there. So, I mean, that's not fair to say, you know, 18 months, I don't have a problem with 18 months. MR. GARVEY-Yes, I felt comfortable with that. I would feel comfortable with a year if the Board decided that I would have to come back. I would hope to be started by then. MR. DEEB-I know you're anxious to get going, and we're anxious to see it, too. MR. TRAVER-Well my own feeling is I would feel comfortable with the 18 month extension under these circumstances. It's not a residential project. It's a commercial. Obviously they want to get it up and running. It's not likely that they're going to sit on it for 18 months before they begin construction. MR. DEEB-If everybody's comfortable with 18 months, I'm not going to be a naysayer. MR. MAGOWAN-I'm comfortable with it. MR. DEEB-That's fine. MR. SHAFER-If you start construction in the Spring of 2018, how long will it take you to finish the building? MR. GARVEY-Normally within a year, sometimes as little as six months. MR. SHAFER-Six months gives you twelve. A year gives you eighteen. MR. GARVEY-1 felt more comfortable. There's been many things that have delayed my previous project that I was on originally. Let me tell you, as an aside. I've built a number of buildings and upgraded a few over the years, and I initially thought that Queensbury was tough. Then when I built in Plattsburgh I said, Queensbury's a cake. Let me tell you. The Planning Department, everyone there has always leaned over backwards to help. They've always been 4 II,:°it a it a li it uhTyY Board d I 1/14 k'" 1.�,� very professional, extremely friendly and irreproachable when it comes to anything. They have just done their jobs right, and I admire then for that. They've also, because they ask you to follow the rules, so they make you follow the rules, it makes things easier. What I've gone through in Vermont, trying to build a dealership, it's honestly been a nightmare. I mean, anyone else would have given up. I just am stubborn. MR. HUNSINGER-Did you have to get into ACT 250? MR. GARVEY-Yes. Beyond that. I could bend your ear for hours. MR. HUNSINGER-I've been there. MR. GARVEY-So instead of dealing with a department of 12 people or whatever, you're dealing with a corporation of 5,000 employees. MR. TRAVER-Yes, and they're attorneys. MR. HUNSINGER-ACT 250 is Vermont's APA basically. MR. TRAVER-Okay. MR. HUNSINGER-So it's land use control as well. MR. TRAVER-So it's like ours squared. MR. HUNSINGER-Yes. MR. GARVEY-I'm talking about septic tanks, everything. They micromanage. MR. HUNSINGER-It's unbelievable. Yes. MR. GARVEY-So thank you to those who have spoken in my support. MR. TRAVER-Sure. MR. GARVEY-It's really my fault. I did not give this the attention it needed. MR. DEEB-We want to get those delivery trucks off Quaker Road. That's what we want. MR. HUNSINGER-Yes, that's right. MR. TRAVER-Why don't we go ahead and do the motion and see if we can get approval. RESOLUTION GRANTING AN 18 MONTH EXTENSION SP 29-2015 GARVEY KIA The Planning Board approved this application on June 2, 2015. An 18 month extension to November 17, 2017 was granted on May 17, 2016. MOTION TO APPROVE AN ADDITIONAL 18 MONTH EXTENSION FOR SITE PLAN 29-2015 GARVEY KIA. Introduced by David Deeb who moved for its adoption, seconded by Brad Magowan: Duly adopted this 14th day of November, 2017 by the following vote: AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-All right. MR. GARVEY-Thank you. Thank you for your time. MR. TRAVER-All right. Next we have Site Plan 57-2015 for Queensbury Partners. This is the Fowler's Square project you are all familiar with. SITE PLAN 57-2015 QUEENSBURY PARTNERS (FOWLER SQUARE) REQUEST FOR EXTENSION THROUGH JUNE 30, 2018 5 II,:°it a it a li it uhTyY Board d I 1/14 k'" 1.�,� MICHAEL O'CONNOR, REPRESENTING APPLICANT, PRESENT MR. TRAVER-They're requesting an extension through June 30, 2018. Laura, do you want to give us some background on that? MRS. MOORE-Yes. Mr. O'Connor is here representing the applicant, but he also says that they're very close to beginning and they're asking to extend the Site Plan approval for the project to June 30, 2018. MR. TRAVER-Okay. Good evening. MR. O'CONNOR-Good evening. Thank you. For your record I'm Mike O'Connor from the firm of Little, O'Connor and Borie and representing the applicant Queensbury Partners and we're asking for a six month extension of the Site Plan approval. We are very close to being in a position where we can make a significant announcement. We can't do it now. I can't give you a lot of information because I'm under a confidentiality agreement, but we are, they've been working at this for a year, year and a half to get to this point. So they think that they're ready to go. MR. TRAVER-Well it's been a long time coming, that's for sure. MR. O'CONNOR-Ten years. MR. TRAVER-Okay. So our draft resolution says eight months, Laura. Is it eight or six? MR. O'CONNOR-1 think it's through, the existing was extended to December 31St of 2017. MR. TRAVER-So it'll be eight from tonight but six from the expiration of your current? MR. O'CONNOR-Yes. MR. TRAVER-Okay. So that we'd want to clarify, yes. MR. MAGOWAN-That'll be enough? MR. O'CONNOR-1 think so. If it's not I will come back. We're into the fine details at this point. MR. TRAVER-Good. MR. DEEB-You're on the 99 yard line. Are you going to score? MR. O'CONNOR-Sometimes you do and sometimes you don't. MR. TRAVER-Keep the momentum going right? All right. Questions, comments from members of the Planning Board? All right. I guess we're ready for a motion on that. MR. DEEB-Motion to approve a six month extension for Site Plan No. 57-2015 for Queensbury Partners, introduced by myself and seconded by. MR. MAGOWAN-I'll second it. MR. TRAVER-Okay. We have a motion made and seconded, any questions on that motion? MR. VALENTINE-Do you mind me throwing in six month extension until June 30, 2018, rather than somebody's reading the minutes in November and they think six months goes from there. MR. TRAVER-Yes, good point. MR. MAGOWAN-June 30th, yes. MR. TRAVER-You can normally say by the draft provided by Staff. In this case you've amended it. MR. DEEB-So you want us to move a motion to approve a six month extension to June 30th MR. MAGOWAN-2018. MR. DEEB-2018 for Site Plan No. 57-2015 for Queensbury Partners. 6 II,:°itaitaliituhTyY IBoard 11o14!k'". )I.�,� RESOLUTION APPROVING 6 MONTH EXTENSION SP # 57-2015 QSBY PARTNERS The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town Zoning Ordinance for: a Planned Unit Development (PUD) consisting of office, business retail and multi-family uses. The proposed mixed use density is for 142 residential units and 56,180 sq. ft. of commercial space. Activities also include land disturbance for installation of a parking areas, parking garage, sidewalks and drive areas along with associated infrastructure and utilities for the project. Pursuant to Chapter 179.12 PUD of the Zoning Ordinance, Planned Unit Developments are subject to Planning Board review and approval. MOTION TO APPROVE A SIX MONTH EXTENSION TO JUNE 30, 2018 FOR SITE PLAN NO. 57-2015 QUEENSBURY PARTNERS, Introduced by David Deeb who moved for its adoption, seconded by Brad Magowan: Duly adopted this 14th day of November, 2017 by the following vote: AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Ms. White, Mr. Traver NOES: NONE MR. O'CONNOR-Thank you very much. MR. HUNSINGER-You're welcome. Good luck. MR. TRAVER-All right. Next we have a draft calendar in your packet for 2018. MRS. MOORE-I'm sorry, there's one amendment to that that was handed out. I do have one addition. We have Mr. Hartman who's here this evening also asking for a one year extension. SITE PLAN 71-2014 DAVID HARTMAN REQUEST FOR ONE YEAR EXTENSION TO NOVEMBER, 2017 DAVID HARTMAN, PRESENT MR. TRAVER-Okay. MR. DEEB-We don't have a resolution for it. MRS. MOORE-There should be a resolution attached to it (the revised agenda). MR. DEEB-I've got it. MR. TRAVER-You've got it? Okay. Yes, he's got it. I didn't have it, but that's all right. Good evening. MR. HARTMAN-I'm David Hartman. I'm the homeowner. This is partly my oversight of waiting too long to get started, get the ball rolling, some learning curve on how long the design process takes, but I've got sketches. I've got, the building drawings, construction drawings are more or less done but they're reviewed by an engineer and we don't know how long that's going to take, or if it's going to take changes, and that's why I'm asking for this. MR. TRAVER-And what is this? MR. DEEB-It's a one year extension. MR. TRAVER-And when does it expire? MR. HARTMAN-Like tomorrow. MRS. MOORE-Yes. MR. HARTMAN-It's this month, and I don't want to just force a building permit. I want to do tis the right way, and it is some oversight on my part. I mean, I can't say, this is all my fault. MR. TRAVER-Okay. Thank you. II,:°it a it a li it uhTyY Board d I 1/14 k'" 1.�,� MR. HARTMAN-This is the second extension for me. MRS. MOORE-This is your second extension. MR. TRAVER-Okay. Any questions or comments on this request for another extension? MR. MAGOWAN-No, I think Dave came up and swallowed deeply and admitted his mistakes and you're absolutely right. Doing it right and not rushing it. MR. HARTMAN-Well, I could have started earlier on, too, but I figured in July it would be easy to get this, that's when I started getting the, when I did the design work, I got the sketches. MR. MAGOWAN-You had me at I'm sorry. MR. HARTMAN-How about I'm looking forward. MR. TRAVER-Okay. Any other questions, comments or concerns about this request? I guess we're ready to entertain a draft resolution. RESOLUTION GRANTING A ONE YEAR EXTENSION SP # 71-2014 DAVID HARTMAN The Planning Board approved Site Plan 71-2014 on November 20, 2014. A one year extension was granted on November 15, 2016. MOTION TO APPROVE A ONE YEAR EXTENSION FOR SITE PLAN 71-2014 DAVID HARTMAN. Introduced by David Deeb who moved for its adoption, seconded by Brad Magowan: Duly adopted this 14th day of November, 2017 by the following vote: AYES: Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Traver NOES: NONE MR. TRAVER-All right. You're all set. MR. HARTMAN-Thanks. MR. MAGOWAN-Good luck MR. HARTMAN-Thank you. MR. TRAVER-All right. And next we have to look at our 2018 Planning Board calendar and see if we are prepared to approve that. It looks fairly straightforward to me. I didn't see anything. It looks as though we, I know we have traditionally that one issue in May, Laura, with the tax. MR. HUNSINGER-Grievance day. MRS. MOORE-So we actually, we did a couple of things different this time. So you've asked for three meetings. In March you get three meetings and in April you get three meetings. May is your traditional Grievance. MR. TRAVER-Hopefully we'll cancel one of those, but it's good to schedule them. MRS. MOORE-Okay. Yes. So May is your traditional Grievance issue so we have the 17th and the 30th, and then, other than that, everything else is pretty much the same. I tried not to do the three in a row if I can help it, or two in a row if I can help it. Other than the December there's the row in a row, but that's the only month that that occurs in. MR. TRAVER-Okay. It looks all right to me. MRS. MOORE-Okay. MR. TRAVER-Does anyone have any questions? MR. SHAFER-Laura, what's the pink in May, the 15th 8 II,:°it a it a li it uhTyY Board d I 1/14 k'" 1.�,� MRS. MOORE-The 15th, those are the deadline dates that people have to submit their information by. MS. WHITE-It says and Planning Board meeting. So the one in May is just the deadline, it's not a Planning Board meeting as well? MRS. MOORE-Correct. MS. WHITE-There's not three meetings in May. MRS. MOORE-There's not three meetings in May, and what happened is. MS. WHITE-So why is that on the 17th MRS. MOORE-1 want to say Grievance day is one of these days. MR. HUNSINGER-Grievance day is usually on Tuesday the 29th, the last Tuesday of the month. MR. MAGOWAN-Is that May? MR. HUNSINGER-Yes, that's why we have it on Wednesday instead. MRS. MOORE-You know what, I'll go visit May again. So let's not vote on this one. MR. TRAVER-Okay. So we'll hold this as draft, and we may have a deadline day which really is a Staff function, a Planning Board function. It has to do with, if everybody understands, the deadline for applicants to submit new or revised materials in order to get on the agenda for the following, potentially for the following month. So it's not unusual to have both on the same day, but we will then table this item and just not move on this this evening and address it later. Let's see. All right, and then the last Administrative Item that we have is something that I had requested the Planning Board to look at. APPROVAL FOR PLANNING BOARD CHANGE IN ELECTIONS SCHEDULED IN DECEMBER, 2017 MR. TRAVER-When we revised the Bylaws and Procedures this summer, and that's with a small W not a capital W, somebody put it in there that the annual meeting would be the last meeting in December, which normally is fine. This year we have meetings on Thursday the 21St and Tuesday the 19th. I would like to ask that we approve a motion to move the election meeting, the annual, what's called in technical terms the annual meeting, from Thursday to Tuesday because on Thursday we will not have all of our members present. Basically that's the only reason. And I think we have a draft resolution. MR. MAGOWAN-I'm okay with that, Mr. Chairman. MR. TRAVER-Okay. MR. HUNSINGER-Except the meeting date's the 19th MR. DEEB-The 19th MR. TRAVER-Yes, we've made that change in the secretary's resolution. So anyone have any questions about that? MR. VALENTINE-So what date is that in December then? MR. DEEB-The 19th MR. TRAVER-Tuesday the 19th. That's the week before Christmas, and we have two meetings that week, both Tuesday and Thursday, and Tuesday the 19th we're going to have a full Board, and on that Thursday there's at least one member of the Board that will be unable to attend and I just thought for election purposes it would make sense to move it to that Tuesday. It didn't seem like there would be any harm. We'll know the slate by the end of this month. So anyone have a problem with that? Okay. Then let's go with the motion. RESOLUTION RE: APPROVAL FOR PLANNING BOARD CHANGE IN ELECTIONS II,:°it a it a li it uhTyY Board d I 1/14 k'" 1.�,� Current policies and procedures call for Planning Board elections to be held at the second meeting in December. Due to scheduling conflicts not all members are able to attend that second meeting so elections need to be moved to the first meeting in December 2017. MOTION TO HOLD PLANNING BOARD ELECTIONS AT THE DECEMBER 19, 2017 MEETING. Introduced by David Deeb, who moved for its adoption, seconded by Brad Magowan: Duly adopted this 14th day of November, 2017, by the following vote: AYES: Mr. Magowan, Mr. Valentine, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Traver NOES: NONE MR. TRAVER-All right, and now we move to our regular agenda. The one and only item on our agenda this evening under regular business is a recommendation request from the ZBA for Mike Badera, Site Plan 66-2017. PLANNING BOARD RECOMMENDATION TO THE ZONING BOARD OF APPEALS SITE PLAN NO. 66-2017 SEAR: TYPE II. MIKE BADERA. OWNER(S): M DREAM, LLC — MICHAEL BADERA. ZONING: WR. LOCATION: 55 MASON ROAD. APPLICANT PROPOSES TO INSTALL ADDITIONAL 85 SQ. FT. ON SOUTH SIDE OF AN EXISTING 569 SQ. FT. DECK TO AN EXISTING 6,611 SQ. FT. HOME. PROJECT INCLUDES 95 SQ. FT. OF NEW DECK AND HARD SURFACING ON THE NORTH SIDE. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, EXPANSION OF EXISTING DECK WITHIN 50 FT. OF SHORELINE AND EXPANSION OF NON-CONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS REQUESTED FOR SHORELINE SETBACK LESS THAN 50 FT. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: SP 46-95, SP 59-96, AV 83-96, AV 55-96, AV 41-95, SP 50-2017, AV 74-2017. WARREN CO. REFERRAL: NOVEMBER 2017. SITE INFORMATION: APA, LGPC. LOT SIZE: .45 ACRES. TAX MAP NO. 226.16-1-20. SECTION: 179-3-040, 179- 13-010 MIKE BADERA, PRESENT MR. TRAVER-Laura? MRS. MOORE-So Mr. Badera proposes to install 85 square feet on the south side of an existing 569 square foot deck as well as a portion of the deck will also be extended on the north side of the deck of 95 square feet. The concern with the 85 square feet on the south side is that it needs to meet the setback and at this time it doesn't meet the setback due to the cove that's on that property on the south side. MR. TRAVER-Okay. The beach area I see. MRS. MOORE-Yes. MR. TRAVER-Good evening. Do you want to introduce yourself for the record and tell us about your project? MR. BADERA-Yes, hi. Mike Badera. First time here, so I'll probably say something silly or wrong. We bought the house about a year and a half ago. In fact we'd been looking for almost a year to find the perfect house on the lake, and of course fell in love with the house and the wife's closet goes on for miles so it's a done deal, and I went out on the deck and looked at the lake and I went my God it's beautiful but I never really looked down at the deck and said, boy, this is a small deck. It goes around back half, the lakeside of the house, but it's only about five and a half feet deep at most, and you put a couple of chairs out there and you can't walk past the chairs. There's only one access to the deck. The only wide section is over where the access is, and you really can't do any entertaining. You can't put a picnic table out there or anything to enjoy the lake, and so what I'm looking to do is put on a small extension to the existing deck off the kitchen so that there's room for an eating area out there. Unfortunately the existing deck is one foot inside the 50 foot zone to begin with, which I guess was either missed or whatever when the house was built, and then on top of that, the extension I want to make, about half of that 85 to 90 square feet falls in the 50 foot zone from the little beach that's down there. 10 II,:°it a it a li it uhTyY Board d I 1/14 k'" 1.�,� MR. TRAVER-And the size of the deck as it exists is probably related to that setback issue. MR. BADERA-1 wouldn't know for sure. MR. TRAVER-How old is the house? MR. BADERA-Twenty-one. It was built in '96 1 think. I know the main lakefront side of the deck, that showed up on the survey at 52 feet. So they seemed to be concerned about the main frontage and not the little piece in the corner that goes out toward the little beach. It's the same size deck all the way around the house and it's just not very workable. MR. TRAVER-Yes. MR. BADERA-We're nowhere as, let me re-phrase that. We're further away from the water than either neighbors north or south of us, and just basically looking for four and a half feet more. MR. TRAVER-Gotcha. Okay. Questions from members of the Planning Board? MR. MAGOWAN-Yes. All you're doing is straightening it out. MR. DEEB-Yes, taking the bend out and bringing it straight out. MR. BADERA-Yes. There'll still be an angle on the side so it has a little bit of. MR. MAGOWAN-And if your house were actually perpendicular with the lake, you wouldn't have an issue at all. MR. BADERA-Exactly. Thank you. The big concern when I talked to the architect at first wasn't that corner. It was the opposite corner, because it's not perpendicular, or parallel to the lake. On the north side the extension ends up being 50 feet, 50 feet and a half, 50 feet 6 inches. Where he didn't even think about the beach on the south side. MR. SHAFER-1 have a couple of questions, Mr. Chairman. In the text it talks about 85 square feet to an existing deck. MR. BADERA-Yes. MR. SHAFER-And then I notice on Page Two, building footprint, it says proposed additional square feet 180. MR. BADERA-That includes the north side. It doesn't require a variance. MR. SHAFER-Okay. That explains it. MR. BADERA-There's a step on the deck on both sides. The step on the north side, the north side I can put the 90-ish square foot extension on, to square it off, but on the south side it runs into that 50 foot zone. MR. SHAFER-Second question. On the picture it shows two very large trees. Those will remain? MR. BADERA-Yes, those are all staying. MR. SHAFER-All right. MR. BADERA-I've done all my tree work. We're not doing anything really major as far as disrupting the existing ground. We need to put the two holes for footings, but other than that it's very minor disruption to the ground. It's all above ground and it's fairly level, and any runoff and what not would be going into the terraced flower beds. So we're not really changing anything to do with the runoff or affecting it I should say. MR. TRAVER-Okay. And again, our discussion with the applicant tonight is specifically for a recommendation to the ZBA on the relief requested which is the shoreline setback for this one part of the project for less than 50 feet. So do we have any concerns that we want to express to the ZBA as they look at this? I'm not hearing any. Go ahead and do the motion. II Flll iruiruliirug Board I 1/14 2 1.�,� RESOLUTION RE: ZBA RECOMMENDATION RE: Z-AV-74-2017 MIKE BADERA The applicant has submitted an application for the following: Applicant proposes to install additional 85 sq. ft. on south side of an existing 569 sq. ft. deck to an existing 6,611 sq. ft. home. Project includes 95 sq. ft. of new deck and hard surfacing on the north side. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, expansion of existing deck within 50 ft. of shoreline and expansion of non-conforming structure shall be subject to Planning Board review and approval. Variance: Relief is requested for shoreline setback less than 50 ft. Planning Board shall provide a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 74-2017 MICHAEL BADERA: Introduced by David Deeb who moved its adoption, and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal. Motion seconded by Brad Magowan. Duly adopted this 14th day of November, 2017 by the following vote: AYES: Mr. Valentine, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Traver NOES: NONE MR. TRAVER-All right. You're all set. Good luck at the ZBA. MR. BADERA-Thank you very much. MR. HUNSINGER-Did you get through the acquisition? MR. BADERA-Yes. I did my one year when the contractor said that's enough. MR. HUNSINGER-Yes. MR. BADERA-They talk nice in the upfront when we want to buy phase but once they bought, did we say that? We didn't say that. MR. HUNSINGER-That's too bad. MR. BADERA-It's okay. Business is still doing well. They're still hiring people. We're still planning on bringing more work in and I don't have to deal with the day to day mess anymore. So all is good. MR. TRAVER-All right. That concludes our regular business agenda for this evening. We do have stormwater training to be offered to us next. MRS. MOORE-1 can do a couple of things. I have laptop display of the presentation. Unfortunately I can't get the projector to work at the moment. I can run down and get it for you, or if you want to see the presentation on the small laptop we can do it that way. I can put the laptop right there if you wish to. MR. TRAVER-Whatever. MRS. MOORE-I'm a little frustrated, but I can't do anything about it other than go down and get the projector. So I can start with, you can start with Jim with doing it this way and I can run down and get it and see how it goes. MR. TRAVER-Whatever you would like to do. II,:°it a it a li it uhTyY Board d I 1/14 k'" 1.�,� MR. DEEB-It's up to you, Laura. MRS. MOORE-Mr. Chairman, do you want Maria to tape the presentation? MR. TRAVER-What's protocol? What did we do last time? MRS. MOORE-The last time we did tape it, but there's no requirement to tape it. MR. DEEB-Does that mean Maria can go MR. TRAVER-Yes, so I would say thank you for your service, Maria, but we'll proceed on our own. MS. GAGLIARDI-Were you going to adjourn the regular meeting? MR. TRAVER-Good point. Yes. All right. Let's entertain a motion to adjourn the formal Planning Board meeting. MR. HUNSINGER-So moved. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF NOVEMBER, 14, 2017, Introduced by Chris Hunsinger who moved for its adoption, seconded by Brad Magowan: Duly adopted this 14th day of November, 2017, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver NOES: NONE MR. TRAVER-We stand adjourned. Thank you, Ladies and Gentlemen. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver, Chairman 13