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QUEENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
JANUARY 23, 2018
INDEX
Site Plan No. 62-2017 Errol Silverberg 2.
Tax Map No. 252.-1-38.1
Site Plan No. 67-2017 Gregory Teresi 4.
FURTHER TABLING Tax Map No. 239.18-1-27.2
Site Plan No. 1-2018 William Mason 5.
Tax Map No. 239.8-1-45
Site Plan No. 5-2018 Leonard Romeo 9.
Tax Map No. 226.16-1-40
Site Plan No. 3-2018 HWP Development, LLC (Johnny Rockets) 13.
Tax Map No. 295.8-1-5
Site Plan No. 4-2018 David Cohen & Michelle Kaplan 19.
Tax Map No. 239.15-1-9
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
SECOND REGULAR MEETING
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JANUARY 23, 2018
7:00 P.M.
MEMBERS PRESENT
STEPHEN TRAVER, CHAIRMAN
CHRIS HUNSINGER, VICE CHAIRMAN
DAVID DEEB, SECRETARY
BRAD MAGOWAN
JAMIE WHITE
JOHN SHAFER
STEVEN JACKOSKI, ALTERNATE
LAND USE PLANNER-LAURA MOORE
STENOGRAPHER-MARIA GAGLIARDI
MR. TRAVER-Good evening, ladies and gentlemen. Welcome to the Town of Queensbury
Planning Board meeting for Tuesday, January 23 d. This is the second meeting for the month
of January and also the second meeting for 2018. There should be some agendas on the table
at the rear of the room. If you have a cellphone like I do please turn the ringer off. The other
thing I would note. One of our agenda items, Site Plan 67-2017 for Gregory Teresi, has been
re-scheduled to the month of March. So if you're here to witness that application or take part in
that discussion that will not be occurring tonight. Also we have one business item I'd like to
take care of at the beginning of the meeting. It has been proposed by the Planning Staff, due
to the volume of business that we have to conduct, that we hold a third meeting in the month of
February, and the extra meeting is proposed to be Tuesday, February 13th. So we would thus
have meetings on the 13th, the 20th, and the 27th. The 20th and 27th have already been
scheduled, and so I'd like to poll the Board and find out if we have enough members available
that night who'd be able to attend so that we have a quorum.
MR. HUNSINGER-It's not Valentine's Day like last year. So yes.
MR. TRAVER-Yes, my favorite holiday.
MR. DEEB-Yes.
MR. TRAVER-Okay. Jamie?
MS. WHITE-1 can.
MR. TRAVER-You can. Okay.
MR. MAGOWAN-I believe I can.
MR. TRAVER-Okay.
MR. MAGOWAN-I don't like to miss too many of these.
MR. TRAVER-No, and we appreciate it. All right. So we're short one, Laura. We don't know
about Mike, of course.
MRS. MOORE-Right.
MR. MAGOWAN-And we've got that new guy, Steve.
MR. TRAVER-Yes.
MR. JACKOSKI-I can do it.
MR. TRAVER-You're available? Okay.
MRS. MOORE-You should make a motion to schedule a special meeting or an additional
meeting in the month of February, that being February 13th
MR. TRAVER-Okay.
MR. HUNSINGER-I'll make the motion.
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MOTION TO SCHEDULE A SPECIAL MEETING OF THE QUEENSBURY PLANNING
BOARD FOR FEBRUARY 13, 2018, Introduced by Chris Hunsinger who moved for its
adoption, seconded by Brad Magowan:
Duly adopted this 23d day of January, 2018, by the following vote:
AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr.
Traver
NOES: NONE
MR. TRAVER-All right. We next move to our regular agenda. We have no additional
administrative items tonight. First item is a tabled item, Site Plan 62-2017 for Errol Silverberg.
SITE PLAN NO. 62-2017 SEAR TYPE: TYPE II. ERROL SILVERBERG. AGENT(S): DALE
CLOTHIER & MICHAEL S. BORGOS. OWNER(S): SAME AS APPLICANT. ZONING:
RR-5. LOCATION: 230 LOCKHART MT. ROAD. APPLICANT PROPOSES A 2,304 SQ.
FT. SINGLE STORY ADDITION TO AN EXISTING 8,400 SQ. FT. PRIVATE GARAGE.
PROJECT IS IN RR-5 ZONE THAT DOES NOT LIST PRIVATE GARAGE AS AN ALLOWED
USE. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, NEW
CONSTRUCTION SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL
CROSS REFERENCE: SUB 8-1986; UV 79-1985; SUB 3-1994; UV 82-1990; 1994 SEPTIC;
91301-1598 BLDG. ALT. 1995; 095633-4555 COMM. ALT. & ADDITION 1995; UV 3-2017; AV
59-2017. WARREN COUNTY REFERRAL: SEPTEMBER 2017. SITE INFORMATION:
APA. LOT SIZE: 6.55 ACRES. TAX MAP NO. 252.1-38.1. SECTION: 179-5-020
MICHAEL BORGOS, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this applicant was before the Zoning Board last week. They received their
Use Variance and their Area Variance and it is now back before this Board to expand an
existing building that's currently will be considered a private garage and the building is to be
used for a private car collection.
MR. TRAVER-Yes. I remember we had quite a discussion about the automobiles that were
inside and so on. It's kind of interesting actually. So it was I believe reviewed by the Zoning
Board, right, to get the variance.
MR. BORGOS-That's correct. Just for the record Michael Borgos for the applicant here with
Tracy and Dale Clothier. We were before the Zoning Board last week and received the Use
and the Area Variances. You'll recall as referenced by the Chairman we were here discussing
it in September. Mr. Jackoski heard about it at the first go around at the Zoning Board. So I
think everybody is familiar with the project and you have in front of you and have reviewed
previously a rather straightforward site plan. It's a relatively small addition to the existing
structure. It's going to be located out of sight from the roadway and the neighbors so we think
it's a rather innocuous location. We think we've met all the criteria and we're happy to answer
any questions that you might have.
MR. TRAVER-Were there any changes to the application as a result of the ZBA review?
MR. BORGOS-No.
MR. TRAVER-So it's the same one that we've discussed and reviewed previously?
MR. BORGOS-Yes.
MR. TRAVER-Questions from members of the Planning Board?
MR. MAGOWAN-1 have to say I accidentally kind of stumbled upon it on purpose and I saw the
garage door open so I immediately threw it in reverse and backed up and had a wonderful view
of inside, and definitely we walked around the outside and I saw what he wanted to do, and I
think it would be a great improvement and I did not see where it would really be affecting
anyone up there. So I was kind of happy to have caught you at the right time that day with the
Sheriffs.
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MR. TRAVER-Very good. Any other comments? We do have a public hearing on this
application. Are there folks in the audience that would like to address the Planning Board on
this application? Are there any written comments, Laura?
PUBLIC HEARING OPEN
MRS. MOORE-No public, no written comments.
MR. TRAVER-Okay. Then we'll close the public hearing on this application.
PUBLIC HEARING CLOSED
MR. TRAVER-This is a SEQR Type II. So no need to go through SEAR. I guess if there are
no questions, additional questions for the applicant, we can entertain a motion.
RESOLUTION APPROVING SP # 62-2017 ERROL SILVERBERG
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 2,304 sq. ft. single story addition to an
existing 8,400 sq. ft. private garage. Project is in RR-5 zone that does not list private garage as
an allowed use. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, new construction
shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the
Planning Board has determined that this proposal satisfies the requirements as stated in the
Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to
the Warren County Planning Department for its recommendation;
The Planning Board opened a public hearing on the Site plan application on 09/26/2017 and
continued the public hearing to 01/23/2018, 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
01/23/2018;
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 62-2017 ERROL SILVERBERG; Introduced by David
Deeb 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 was referred to engineering, then engineering sign-off required prior to
signature
of Zoning Administrator of the approved plans;
b) Final approved plans should have dimensions and setbacks noted on the site
plan/survey, floor
plans and elevation for the existing rooms and proposed rooms in the building and site
improvements,
c) 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;
d) The applicant must meet with Staff after approval and prior to issuance of
Building
Permit and/or the beginning of any site work;
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;
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g) Resolution to be placed on final plans in its entirety and legible.
Motion seconded by Brad Magowan. Duly adopted this 23 d day of January, 2018 by the
following vote:
AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb, Mr.
Traver
NOES: NONE
MR. TRAVER-All right. You're all set.
MR. BORGOS-Thank you.
DALE CLOTHIER
MR. CLOTHIER-What do you do with the extra plans?
MR. MAGOWAN-We just recycle them.
MR. TRAVER-We give them to you.
MR. CLOTHIER-Well, it's the drawings. I was just looking for the plans, or can I come in and
see you and get any extra plans?
MRS. MOORE-Well eventually you're going to get a letter that says you need to submit five
sets, actually in this case you'll need to submit six sets of plans. So you'll get a letter where we
actually ask for six sets.
MR. CLOTHIER-More plans?
MRS. MOORE-Yes. So the ones that you receive tonight you'll probably package together and
turn those in as part of your final plan sets.
MR. CLOTHIER-What happened to the ones at the ZBA? Do they need more plans, too?
MRS. MOORE-No, they already made their decision. So their plans have already been
recycled.
MR. CLOTHIER-Okay.
MR. TRAVER-There's another set here on the table, if you want another. I'm not sure if you've
collected any remaining ones from other members of the Board.
MR. CLOTH IER-All right. Thank you.
MR. TRAVER-You're very welcome.
MR. CLOTHIER-Save a few trees here.
MR. TRAVER-As I mentioned the next item on the printed agenda has been rescheduled to
March. So we move now to Old Business.
SITE PLAN NO. 67-2017 SEAR TYPE: TYPE II. GREGORY TERESI. AGENT(S):
HUTCHINS ENGINEERING; BARTLETT, PONTIFF, STEWART & RHODES. OWNER(S):
LAWRENCE DAVIS. ZONING: WR. LOCATION: STATE ROUTE 9L. APPLICANT
PROPOSES TO CONSTRUCT AN, 1,812 SQ. FT., 3 BEDROOM HOME AND ASSOCIATED
SITE WORK. PROJECT OCCURS ON 15% SLOPE AND INCLUDES STORMWATER
MANAGEMENT, PERMEABLE PAVERS, WITH SEPTIC SYSTEM ON ADJOINING LOT.
PURSUANT TO CHAPTER 179-6-060 OF THE ZONING ORDINANCE, NEW
CONSTRUCTION OCCURRING WITHIN 50' OF 15% SLOPES SHALL BE SUBJECT TO
PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 31-2017, SP
33-2017. WARREN CO. REFERRAL: NOVEMBER 2017. SITE INFORMATION: APA,
LGPC. LOT SIZE: .215 ACRE. TAX MAP NO. 239.18-1-27.2. SECTION: 179-6-060.
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MRS. MOORE-Did you make a resolution to move it to the second meeting in March? So you
need a resolution to move that to the second meeting in March.
MR. TRAVER-Okay.
MR. DEEB-What's the date?
MS. GAG LIARDI-That's the 27tH
MRS. MOORE-Okay. March 27tH
MR. DEEB-Okay. All right.
RESOLUTION TABLING SP # 67-2017 GREGORY TERESI
The applicant has submitted an application to the Planning Board: Applicant proposes to
construct a 1,812 sq. ft., 3 bedroom home and associated site work. Project occurs on 15%
slope and includes stormwater management, permeable pavers, with septic system on adjoining
lot. Pursuant to Chapter 179-6-060 of the Zoning Ordinance, new construction occurring within
50' of 15% slopes shall be subject to Planning Board review and approval.
MOTION TO TABLE SITE PLAN NO. 67-2017 GREGORY TERESI, Introduced by David
Deeb who moved for its adoption,
Tabled to the March 27, 2018 Planning Board meeting.
Motion seconded by Chris Hunsinger. Duly adopted this 23 d day of January, by the following
vote:
AYES: Mr. Magowan, Mr. Jackoski, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr.
Traver
NOES: NONE
MR. TRAVER-And I'm sorry, Laura, for the confusion. The information I had was it had already
been rescheduled. I didn't know that we were to table it. So that's what I had written down.
MRS. MOORE-Okay.
MR. TRAVER-In any case, we move now to Old Business, the first item being William Mason,
Site Plan 1-2018.
SITE PLAN NO. 1-2018 SEAR TYPE II. WILLIAM MASON. AGENT(S): SAME AS
APPLICANT. OWNER(S): SAMUEL LIGHTBODY. ZONING: WR-1A/ LOCATION: 13
TUSCARORA DRIVE. APPLICANT PROPOSES 256 SQ. FT. OF NEW SECOND FLOOR
AREA ON SOUTH SIDE AND INCLUDES RAISING ROOF AREA ON NORTH SIDE. ALSO
PROPOSED IS A 32 SQ. FT. ENTRY DECK. PURSUANT TO CHAPTER 179-3-040 & 179-
13-010 OF THE ZONING ORDINANCE, EXPANSION OF A NON-CONFORMING
STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL.
CROSS REFERENCE: SP 52-97, AV 52-97, AV 20191, BP 098010 ADDITION, BP 992567
ALTERATION, AV 1-2018. WARREN CO. REFERRAL: JANUARY 2018. SITE
INFORMATION: APA, LGPC. LOT SIZE: .05 ACRE. TAX MAP NO. 239.8-1-45.
SECTION: 179-3-040, 19-13-010.
BILL MASON, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-Okay. This applicant also received a variance in a previous month for a pre-
existing, nonconforming structure, floor area, permeability and setback relief, and so the
applicant is back before this Board for Site Plan.
MR. JACKOSKI-And, Mr. Chairman, I have to recuse myself because I'm part of the
homeowners association. Okay. So noted. Good evening.
MR. MASON-Good evening. I'm Bill Mason. I am the applicant representing the owner
Samuel Lightbody in this application. I have explained it last week to this Board.
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MR. TRAVER-Right.
MR. MASON-1 don't know if there's anything additional that I need to add onto the original
explanation. I'll remind you that it's part of this Takundewide Homeowners Association which
had a memorandum of understanding with the Town, and this kind of falls within all of that.
MR. TRAVER-Sure. Were there any changes by way of the ZBA review, or is it the exact
same application?
MR. MASON-The ZBA approved without any changes. Am I right?
MRS. MOORE-Correct.
MR. MASON-1 read it. It looked like a clean, no changes
MR. TRAVER-Okay.
MR. MASON-1 do have a change or hopefully. I'm not sure if it's all right. I went to the office
today. I spoke with the owner. He lives in Montana, and he is now starting to think that maybe
this is going to happen and so all of a sudden he took a look at the floor plan and decided he
wanted to make a little change in the floor plan. It does not impact the overall dimensions of
the building, any of the setbacks, any of the floor area ratio anything else. He wanted to move
some walls around and move a bathroom, or split his bathroom and put a shower and a sink on
one side of the hall and put a toilet and a sink on the other side of the hall. I said to him today
as he explained this, two o'clock today he explained it to me, I said I don't know, and I went
down to the Town office and spoke with everybody. I spoke with about eight different people,
ran over to Northern Design and had them draw some new plans showing what he wanted. I
have them with me right now. I'd love to, I don't know if this is a big deal or not since it doesn't
impact all of those things.
MR. TRAVER-Well, you mentioned, it sounded like you were adding an additional bathroom?
MR. MASON-Well, I don't know if you'd call it that or not. We're changing the bathroom which
had, the bathroom had a toilet, a tub, and a sink. That space has been decreased in size and
will now just have a shower and a sink.
MR. TRAVER-Okay.
MR. MASON-And on the other side of the hall he will have a toilet and a sink.
MR. TRAVER-So just to clarify, you're adding a sink but you're not adding another toilet?
MR. MASON-Correct.
MR. TRAVER-Okay.
MR. MASON-And we're changing from one full bath to two half baths sort of.
MR. TRAVER-Gotcha. '11 see what other Board members and Planning Staff have to say, but I
think the only concern would be raised if you were adding another toilet facility. Because that
could potentially impact on the septic capacity.
MR. MASON-1 understand, and I said this to the owner. I said I have no idea at this late date if
we can do this or not, and I'd be happy, I made copies of what he's proposing.
MR. DEEB-Is the square footage changing?
MR. MASON-We're right within the same square footage. The change doesn't affect any
setbacks or anything like that.
MR. TRAVER-It's just internal re-arrangement.
MR. MASON-It's the internal arrangement.
MS. WHITE-And an extra sink.
MR. MASON-In the second floor addition, that's correct.
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MR. TRAVER-So while he's handing those out, Laura, did you have any comment? You're
apparently aware?
MRS. MOORE-I'm aware of it. I told him it's a floor plan change. Sometimes we'll see them at
the administrative level, and that decision is reviewed by Craig. If he thinks it's a significant
change it may come back before the Board. In this case this applicant found the change prior
to having approval and I said please bring it to the Board tonight. If there's anything that you
see that this is significant they'll table it and come back before the Board for Site Plan, but in this
case it doesn't change the footprint. It doesn't change the floor area.
MR. TRAVER-Okay. Right, and it doesn't appear to change the demand on the existing septic.
MRS. MOORE-No.
MR. TRAVER-Okay. Those are the main things I guess that I would.
MR. MASON-And if the Board had a problem with it the owner said we'll skip it. I said it might
be a problem and that would delay things and he said no.
MR. TRAVER-All right. Well let's poll the Board and see. What do members pf the Board feel
about this interior change?
MR. MAGOWAN-Well there's no bathroom downstairs, correct?
MR. MASON-Yes, there is. There's an existing bathroom on the first floor. It should show on
your plans, that has got a shower, a toilet.
MR. MAGOWAN-1 see that on the second floor. Existing second floor plan, second floor.
MR. MASON-I'll pull out my plans. The first floor has a bathroom and the second floor has a
bathroom currently. And I'm going to pull up my plan.
MR. HUNSINGER-Yes, the existing first floor.
MR. MAGOWAN-Doesn't show a bathroom.
MR. MASON-You're right. The existing first floor, I'm sorry. I'm sorry. The existing first floor,
you're right, I don't know why I never noticed it. Right in this area, well that's all right. I just
want to be clear. I don't know why I never noticed this. Right in this area there's a bathroom
there. It's a shower, a toilet and a sink, in the center. Because this is what was originally, the
house had two bedrooms, a bathroom, living room, dining room kitchen combination and
screened in porch, that's the way we built all of them originally and that has never changed.
MR. TRAVER-And that's not part of the Site Plan.
MR. MASON-It's not. So maybe that's why I didn't show, I don't know why, though. We draw
on everything else and we didn't draw that bathroom and we should have put a wall and shown
a bathroom there.
MR. TRAVER-Okay. So the focus of our discussion this evening, since the ZBA review, is the
minor interior change to the second floor which you've distributed to us this evening that adds
one sink. To the, if I understand it, to the second floor.
MR. MASON-Correct.
MR. TRAVER-So my question is for members of the Planning Board, is there a concern that
that's a significant change?
MR. MAGOWAN-No. I don't feel it is.
MR. DEEB-They're adding one sink.
MR. TRAVER-Right. That's correct. I mean there's some interior re-arrangement, but the
infrastructure impact is to add one sink.
MS. WHITE-And going from a bathtub to a shower.
MR. MASON-That's correct.
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MR. TRAVER-Yes. Okay. All right. Well if people are comfortable with that in that context.
MR. HUNSINGER-There's no bathtub downstairs?
MR. MASON-There is not. There's a shower downstairs. He's going to have a shower in both
bathrooms and I said that's a mistake, but you know I'm just the builder. I said you need a tub.
You're going to need a tub. Everybody needs a tub. Now the house currently doesn't have,
yes it does. The current bathroom does have a tub. We're going to take that out and replace it
with a shower.
MR. TRAVER-All right. Questions, comments from members of the Planning Board?
MR. MAGOWAN-Yes, the only thing that I see is that you've still got to go out into the hallway
from the master bedroom to go to the bathroom.
MR. MASON-Both of these bathrooms are going to be off the hallway. That's correct. It's kind
of funny. I did this last year in the house that I was in front of this Board for, for my brother Dick
who he married a Japanese woman. They live in japan, and they have this arrangement, and I
nickname it our Japanese style bathroom because it makes no sense to me, and this guy in
Montana said to me today, does it make sense, and I said I didn't think it made sense when I
built it last year, but I haven't gotten any complaints from anybody. His family loves it, they all
seem to love it and this guy's wife seems to want it and I said well case closed. If you guys
want it, it'll work out fine. You end up, I always think if you want privacy with the toilet you
should make it as part of the bathroom off of the bathroom but a little separate room if you can.
Maybe this is the new thing and we're going to see this, I don't know.
MR. TRAVER-Yes.
MR. MASON-It doesn't make sense to this guy, but I'll build it.
MR. TRAVER-Okay. All right. Well if there are no other questions or concerns from Board
members, let's go ahead and entertain a motion.
MR. HUNSINGER-We need a public hearing.
MR. TRAVER-You're right. Thank you, Chris. So we do have a public hearing on this
application this evening. Is there anyone in the audience that would like to address the
Planning Board regarding this application? Not seeing anyone, Laura, is there any written
comments? This is also a SEQR Type 11.
PUBLIC HEARING OPENED
MRS. MOORE-There are no written comments.
MR. TRAVER-Okay. Then we'll close the public hearing and ready to entertain a motion.
PUBLIC HEARING CLOSED
MR. HUNSINGER-Doesn't the resolution say including any submissions made up until today?
MRS. MOORE-As part of the resolution you may include as per the updated floor plan as
submitted as of today.
MR. DEEB-We'll add that as part of the resolution.
MR. TRAVER-Okay. Very good. All right.
RESOLUTION APPROVING SP # 1-2018 WILLIAM 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 256 sq. ft. of new second floor area on
south side and includes raising roof area on north side. Also proposed is a 32 sq. ft. entry deck.
Pursuant to Chapter 179-3-040 & 179-13-010 of the Zoning Ordinance, expansion of a non-
conforming structure shall be subject to Planning Board review and approval.
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Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the
Planning Board has determined that this proposal satisfies the requirements as stated in the
Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to
the Warren County Planning Department for its recommendation;
The Planning Board opened a public hearing on the Site plan application on 01/23/2018 and
continued the public hearing to 01/23/2018, 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
01/23/2018;
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 1-2018 WILLIAM MASON; Introduced by David Deeb who
moved for its adoption;
Per the draft provided by staff conditioned upon the following conditions:
1) Waivers requestrag nted;
2) Adherence to the items listed in the follow-up letter sent with this resolution;
a. If application was referred to engineering, then engineering sign-off required prior to
signature of Zoning Administrator of the approved plans;
b. Final approved plans should have dimensions and setbacks noted on the site
plan/survey, floor plans and elevation for the existing rooms and proposed rooms
in the building and site improvements,
c. 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;
d. The applicant must meet with Staff after approval and prior to issuance of
Building Permit and/or the beginning of any site work;
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.
h. The floor plan alteration as per the draft submitted by the applicant be included in the
site plan.
Motion seconded by Brad Magowan. Duly adopted this 23 d day of January, 2018 by the
following vote:
AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Deeb, Ms. White, Mr. Traver
NOES: NONE
ABSENT: Mr. Jackoski
MR. TRAVER-You're all set. Good luck.
MR. MASON-Thank you.
MR. TRAVER-All right. Next we have Site Plan 5-2018 for Leonard Romeo.
SITE PLAN NO. 5-2018 SEAR TYPE II. LEONARD ROMEO. AGENT(S): JIM GIRARD
LANDSCAPE MAINTENANCE CORP. OWNER(S): SAME AS APPLICANT. ZONING:
WR. LOCATION: 282 CLEVERDALE ROAD. APPLICANT PROPOSES TO REMOVE A
PORTION OF EXISTING PATHWAY & PATIO AREAS TO REPLACE WITH PERMEABLE
PAVERS ALONG PATH & PATIO AREAS OF 654 SQ. FT. PURSUANT TO CHAPTER 179-
3-040 & 179-6-050 OF THE ZONING ORDINANCE, HARD SURFACING WITHIN 50' OF
SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL.
VARIANCE: RELIEF IS SOUGHT FOR PERMEABLE PAVER SQUARE FOOTAGE.
PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF
APPEALS. CROSS REFERENCE: 612-207 SEPTIC ALT.; 190-2017 SUNDECK; 191-2017
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DOCK; AV 6-2018. WARREN CO. REFERRAL: JANUARY 2018. SITE INFORMATION:
APA, LGPC. LOT SIZE: .3 ACRE. TAX MAP NO. 226.16-1-40. SECTION: 179-3-040,
179-6-050.
DAVE LINEHAN, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura?
MRS. MOORE- Okay. So he received an Area Variance last week also in reference to
permeability. We did go through the same issue in describing what had occurred on the site
with the DEC and the applicant has also brought in information that explains the landscaping
plan and some of the information about what's happening on the site with DEC. So I'll let him
continue.
MR. TRAVER-Okay. Thank you. Good evening.
MR. LINEHAN-Good evening. I'm Dave Linehan with Jim Girard Landscape Maintenance and
I'm representing the Romeo family. We were successful in getting the Area Variance, but the
ZBA wants us to address the buffering as per the Town standard. So I think before you you've
got some sketches that I've prepared. If you go to the one that shows the area where the
regulated regulation is for the shoreline buffer, it's Page One of Two. If you go to the second
page first I can update you on what's happening down there. There was an oil spill. I think it
came from an oil tank, previous oil tank. They heat now with propane, and it founds its way
towards the lake and so Precision Environmental is the contractor to oversee this particular
work, and you'll see the location of three monitoring wells. Those aren't to scale. They're only
about four inch wells, and then there's also a de-watering hole. When they were excavating
they got down as far as they could go, probably four or five feet, they actually got a water line so
there's still more work to be done up there. They're going to put the water line back so that's
that, but on the front page is kind of my sketch plan and the answer to the shoreline buffer. As I
understand it, the best I can understand for a site that's 61 feet wide, a property that's 61 feet
wide, this particular situation on Sandy Bay with this boat dock in the middle, and it had no
vegetation. There was no clearing or anything done. It was turf. So what I'm suggesting is to
put kind of a berm, two berms to raise the area a little bit closer to the shoreline next to this
existing seawall. It's about six foot offset from the wall, and what that will do is actually create
like a one-sided retention area. The other thing I supplied tonight was a cross-sectional detail
for a rain garden. This particular detail comes from the University of New Hampshire the
Stormwater Center. In previous years there's been the stormwater conferences for
professionals, engineers and those working around the lake, and the University of New
Hampshire I think is one of the innovators. Their staff, professors and also grad students have
presented at these conferences, and this was one of the details that was discussed was a detail
for the rain garden. Now in the original application I did mention, there's a list of rain garden
plants. That was to help expand a plant list that's already listed in your Code itself, but it didn't
really necessarily mean that I was going to put a rain garden in and I think in this particular
instance rather than going down, well you can see if you added up the recommended depths for
the soil filter, and it's crushed stone underneath and a filter blanket of pea gravel that's in there.
You're looking at three and a half feet which puts you below the water line and there's really no
need for that, and I think the better idea would be to keep the infiltration up as high as you can
and then use the existing soil as it percolates through as the filter to go into the existing water
level which is, when it intersects becomes a lake of course. So hopefully that sketch helps
illustrate what's going on there. You do have this seven percent slope from the top of the wall
back all the way up pretty much at least to the middle retaining wall that you looked at at the last
meeting. So the other thing I did was to pick out some plants and the other handout that I gave
you was a Pinelands wholesale catalogue. The reason I'm sharing this with you is the second
page. It talks about zonal plant selections for stormwater management. In a retention area, a
retention basin or a retention area, you have zones where plants might be in the water all the
time. It might be up a little bit higher and higher yet. There's like these four zones, not
hardiness but the zones where the feet of the plant might get wet. So I though this little
paragraph there on Page Two, it talks about the unique challenges that you have when you do a
stormwater basin, because a lot of times a dry swale, there's not enough water to keep the
plants alive. Staff asked me if I planned to water these plants. When you're dealing with native
plant materials the idea is to choose the plant for the right site. In this particular case they're
going to be higher, and the plant I selected was the rhus aromatica, and I think they'll do quite
well after they're watered in. They might need a little bit from time to time if you go through a
drought, but that's what you're looking for. You're trying to match the plant with the site
situation. So it's a nice little paragraph. It explains the unique challenges that these rain
gardens might, actually create, and then the last page of that handout is a key to the symbols,
and what I'm looking at is the upland species or a combination of upland and one that might see
water. So that's why that's there is to help you understand what I do when I try to pick out plant
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materials. As far as sizes go, it would be a two gallon or three gallon container, but I'll be doing
the shopping. What I like to see is a plant that's not root bound in the containers. Sometimes
it's best to get bare root material and pot it up and then once it's sweated and started, that's
good enough actually to achieve what we want and that's the stabilization of the banks. I've
also specked, in order to meet the specification that was looking for a small shrub, a tree or a
shrub, and I've included three, it's probably be a cornus sibirica which is on the list, which is on
the Town plant recommended list, and those three are off to the right hand side. I think Mr.
Romeo will want to keep the view of the 54 boats that are moored in Sandy Bay. He might
want to, you know, in a few years want to come up with a visual for cedars all around his
property to make it more private, but he does have some views of the mountain in the distance,
but they're very limited because of the boathouse and the adjacent boathouse and the neighbor
to the north. So the plantings, the rhus aromatica fragrant is lower growing, probably only two
to three feet at maximum height, Echinacea or the rudbekia they might get two to three feet tall
and they will add a little color. The idea was to kind of keep it simple and make sure we
stabilize that slope. The other thing which is an option, and I've got that on the cross sectional
detail, would actually create a French drain in front of the berm where water coming down the
turf areas on both the left and the right side of the structure as it goes across the lawn could be
intercepted with using a water drainage composite material we can actually kind of create a
French drain where the water would go in and find its way a little bit easier, and then I've left two
turf areas to go down to the paver that's between the seawall and the storage area, and
hopefully the grade will be such that it will go to that reservoir that's going to be created in the
paver system itself, and we talked about that at the last meeting how these permeable pavers
actually have a structure or a system underneath and we'll hopefully make sure that there's
enough reservoir underneath there that the water can actually go there down into the
groundwater behind the retaining wall. Are there any questions?
MR. TRAVER-Well, I'm wondering, Laura, are you seeing this for the first time this evening the
same as we are?
MRS. MOORE-No, I'm not. I saw this earlier today and I was comfortable with the description
that's been provided, that it meets the intent of the shoreline buffering and I said, explained that
this is where there's a discussion with the Planning Board. If the Planning Board finds that the
planting arrangement and the types of plants are in agreement or you also feel that they're
consistent then that's where the discussion comes in to move forward.
MR. TRAVER-Okay.
MR. LINEHAN-I gave you pictures of what's going on up there. Chris brought up the fact that
there was a lot of activity and I didn't know and there was a similar question at the Zoning Board
of Appeals meeting so I said I better get up there. So I did. I took some pictures. I also
contacted the project manager from this Precision Environmental. I also talked to Chris
Crandall. So there is some work to be done. They've got to fix the water line, and then my
question was on the monitoring wells how long they were going to stay. They don't bother me.
I think with this particular approach to capturing the water, this dike type system keeping it from
going into the lake it will be fine and they can cut those at a certain level and actually
camouflage them and I don't see any need why they need to be taken out ever. DEC put them
in. They'll get some baseline information at this particular point and there might be some
valuable information down the road. So I don't know what DEC is with these particular wells,
but I don't think they're going to affect what we need to do to retain the water on site.
MR. HUNSINGER-How deep are the wells, do you know?
MR. LINEHAN-I think they're probably about four or five feet because they were taking out muck
to get these wells so that they were getting clear water from the ground. So they were below
lake level.
MR. HUNSINGER-I was going to say if they're more than three or four feet deep they'd be into
the lake water.
MR. LINEHAN-They were. Lake water was coming in.
MR. HUNSINGER-Well conversely if there was any solvents left over it would be going into the
lake. Right? Yes. Wow. You don't think that an oil tank in your basement is going to cause
that much.
MR. LINEHAN-Well, I guess my understanding is it followed the conduit of the water line. So
that's how it got into the lake. So there's clean fill in there. Now I looked at the soil types.
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MR. HUNSINGER-That was my only question, yes.
MR. LINEHAN-I looked at the soil types for the area. Now the soil that they've backfilled I'm
not sure, but it looks like a sandy loam, something similar. When I looked at the soil type it's, I
forget the name, Sutton, it's Sutton Fine Sandy loam. I think what they replaced is probably
something similar. It looked like a sandy loam. I didn't feel it, feel the texture or anything, but,
and I don't know if it was specified. I didn't ask that question of the project manager and I
made no contact with the DEC.
MR. MAGOWAN-Well they're closely monitored by the DEC and all that.
MR. HUNSINGER-1 was going to say on some level you've got to expect that DEC would be
doing their job.
MR. LINEHAN-Yes. They were on site.
MR. HUNSINGER-They were there on site when I was there last week. I didn't talk to the guy,
but the DEC truck was right there. I didn't see the person, but.
MR. LINEHAN-And the last point is, you saw how Chris got down and everything. There's a
temporary road. I believe there's going to be some new septic put in. Right now it's kind of a
nice route for me to get materials in, base materials or pavers and get it set up for when it's time
to do it rather than me making mud pies come April, March or April, and I think a window is, my
window is April or May for my construction time, and I'm not even sure, looking in the
application, but there's kind of an advantage for me right now with the road built and I might like
to get some materials down there, base materials, like Number Two stone that we use for the
base and maybe some of the soil. One of the reasons I gave you this cross section, this detail
from the University of New Hampshire was the soil filter media itself that's specified, sand,
topsoil, mulch, no compost, but they use mulch and the percentages are there and maybe I can
mimic that kind of thing, too, if I put the French drain in if you like that kind of idea, but if I can
get some of the soil piled up down there protected, add some, Chris was using hay bales for the
protection, and if I could do the same, just do the other side. It might be advantageous to get
that down rather than, because he's got ground protection and everything. So I'm thinking of
that. I discussed it briefly with Jim today, but we're plowing snow at this point. We're fighting
snow this time of year. That's all I have really.
MR. TRAVER-Okay.
MR. MAGOWAN-This EJP drain system there, it's quite impressive.
MR. LINEHAN-That sample, yes.
MR. MAGOWAN-How long has it been out there?
MR. LINEHAN-Quite a while. They use it in athletic fields. They use it in golf courses, if you
have, Moreau softball field which grades up, you know, more level. It helps you make a French
drain.
MR. MAGOWAN-1 mean, I'm saying what a great idea.
MR. LINEHAN-Horizontal and vertical, and my thinking is, I've sketched it out on the plan there
before, there's a downspout and there's a picture of the back of the excavator. That's the area
that's the area that I wanted to build up as a reservoir where the deck was. The deck's gone.
We excavate it and I got some stone in there, that's, you know, that's a volume of water that we
can capture even with the downspout and use that type of material to make sure that I can get
in underneath the paver system. So, yes, the work pretty well.
MR. MAGOWAN-1 think that's a great idea. When we were looking at College's we went to
look at the University of New Hampshire and we looked at, at the time it was their latest new
dorm, that just amazed me of all, everything how it was recycled from the roof, from the toilets,
from the showers to, I mean, it was blue jeans blown in for the insulation. I mean, I was just
totally amazed and how they did skirting for the windows and positioned so that you maximize
the heat, but then for the winter, but the shade for the summer. So it's a great department
there that they have for the engineering.
MR. TRAVER-Any other comments from members of the Planning Board? We do have a
public hearing on this application. Is there anyone here that wants to address the Planning
Board on this application? Laura, are there any written comments?
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PUBLIC HEARING OPENED
MRS. MOORE-There's no written comments.
MR. TRAVER-Well, we will close the public hearing on this application, noting that this is SEQR
Type 11.
PUBLIC HEARING CLOSED
MR. TRAVER-If there are no further questions or comments, I guess we're ready for the motion.
RESOLUTION APPROVING SP # 5-2018 LEONARD ROMEO
The applicant has submitted an application to the Planning Board for Site Plan approval
pursuant to Article 9 of the Town zoning Ordinance to remove a portion of existing pathway &
patio areas to replace with permeable pavers along path & patio areas of 654 sq. ft. Pursuant to
Chapter 179-3-040 & 179-6-050 of the Zoning Ordinance, hard surfacing within 50' of shoreline
shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the
Planning Board has determined that this proposal satisfies the requirements as stated in the
Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to
the Warren County Planning Department for its recommendation;
The Planning Board opened a public hearing on the Site plan application on 01/23/2018 and
continued the public hearing to 01/23/2018, 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
01/23/2018;
The Planning Board determines that the application complies with the review considerations and
standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval,
MOTION TO APPROVE SITE PLAN NO. 5-2018 LEONARD ROMEO; Introduced by David
Deeb 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.
3) A compliant shoreline buffer will be installed.
Motion seconded by Brad Magowan. Duly adopted this 23rd day of January, 2017 by the
following vote:
AYES: Mr. Magowan, Mr. Hunsinger, Mr. Shafer, Ms. White, Mr. Deeb, Mr. Jackoski, Mr.
Traver
NOES: NONE
MR. TRAVER-Good luck.
MR. ROMEO-Thanks everybody.
MR. TRAVER-The next item on our agenda is Site Plan 3-2018, HWP Development, Johnny
Rockets.
SITE PLAN NO. 3-2018 SEAR TYPE: UNLISTED. HWP DEVELOPMENT, LLC (JOHNNY
ROCKETS). AGENT(S): JARRETT ENGINEERS, PLLC. OWNER(S): HWP
DEVELOPMENT, LLC. ZONING: CI. LOCATION: 89 SIX FLAGS DRIVE. APPLICANT
PROPOSES A 2,280 SQ. FT. OUTDOOR EATING AREA ADDITION TO THE "JOHNNY
ROCKETS" RESTAURANT. THE DECK IS TO ACCOMMODATE 120 SEATS AND 1,080
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SQ. FT. OF THE DECK IS TO BE COVERED. PURSUANT TO CHAPTER 179-4-080 OF
THE ZONING ORDINANCE, NE OUTDOOR DECK FOOD SERVICE SHALL BE SUBJECT
TO PLANNING BOARD REVIEW AND APPROVAL CROSS REFERENCE: SV 70-2005, SP
61-2004 & 61-2004(M) PEDESTRIAN BRIDGE; SP 4-2004 HOTEL; AV 6-2018. WARREN
CO. REFERRAL: JANUARY 2018 SITE INFORMATION: TRAVEL CORRIDOR
OVERLAY. LOT SIZE: 10.73 ACRES. TAX MAP NO. 295.8-1-5. SECTION: 179-4-080.
CHARLES DUMAS & CASEY KLINGBEIL, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-This applicant received a variance last week also for Floor Area Ratio, and so
they're back before this Board for Site Plan. Again, it's a 2,280 square foot outdoor eating
area. It accommodates 120 seats. Approximately 1,080 square feet of the deck is to be
covered. Part of their application for the Site Plan is also asking for the waiver of the parking
requirements. So they have room obviously for six additional spaces. At this time they
propose to not construct them.
MR. TRAVER-Right. Okay. Thank you. Hello again.
MR. DUMAS-Yes, good evening. Charles Dumas with Lemery Greisler for the applicant HWP
Development. To my immediate left here is Mr. Robert Holmes, P.E. of Jarrett Engineering and
Casey Klingbeil of the Six Flags operation. We were here a week ago. Nothing much has
changed except we got our variance for Floor Area Ratio which was an increase of a half a
percent from 57.5 to 58, and that's as a consequence of the.
MR. TRAVER-The partial covering of the.
MR. DUMAS-Yes, the partial covering, about 40%, 2280 square feet will be covered porch.
MR. HUNSINGER-C-3.
MR. DUMAS-Additionally we talked when we were here last time we talked about the potential
impacts. We don't anticipate any material impact of any nature from parking or noise. The
stormwater drainage has been designed and taken care of. There's a drywell at this end and
water will collect and be fed into that area. This is a seating plan for the deck, about 120
people. There'll be two entry points into Johnny Rockets by sliding glass doors. The main
entry, to orient you, is over here, and the bar area is in here.
MR. TRAVER-Okay, and no changes to your proposal from the ZBA review?
MR. DUMAS-No. There was one question that the Board had last time about signage. We are
going to be changing the face of the sign but not increasing the size of it. That application is
before the Board. The exact nature of the sign may change from what we're presently
proposing, but what we're presently proposing is an LED sign that has a lumen value of I
believe about 880 lumens, approximately, which is the equivalent of a 60 watt light bulb.
MR. TRAVER-Okay, and I remember we did discuss the six additional spaces that on paper
would be required but with the parking that's already available.
MR. DUMAS-There's about 1400 spaces between the Lodge and Waterpark and the adjacent
parking area for The Great Escape.
MR. TRAVER-I was there last week for an event and actually parked in the Johnny Rockets and
there were plenty of spaces.
MR. DUMAS-Did you have a milkshake?
MR. TRAVER-I did not, no. It was in the ballroom in the back. It wasn't, no, unfortunately.
MR. DEEB-One comment, we've discussed that maybe there would be a big impact on extra
patrons coming in, and I mean this in a positive manner. I think that having the deck there will
bring more patrons in, and I think that's a good thing. Not just guests, I think you'll get all sorts
of people coming in.
MR. DUMAS-1 think Staff's sense of it is that this is an enhancement to the existing users
primarily for the Hotel Waterpark and also for people visiting the theme park, but when those
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facilities are closed you're right. It may draw more patronage in when those facilities are
closed.
MR. DEEB-I look at The Docksider which is a huge draw for the deck. People love sitting
outside, and I think that will attract some of those people.
MR. DUMAS-Yes.
MR. DEEB-That's good obviously for you.
MR. DUMAS-Yes, it should.
MR. MAGOWAN-Now you mention on your sign, I thought you said before it was going to be
backlit?
MR. KLINGBEIL-Yes.
MR. MAGOWAN-And is that where you said the LED bulb inside?
MR. KLINGBEIL-Inside.
MR. MAGOWAN-1 kind of caught LED, and I get nervous when I hear LED signs in Queensbury.
MR. DUMAS-1 have some depictions that I can show you. These are not exactly the signs, but
they are similar to what would be provided. I think Laura has a couple of, I also have some
prints.
MR. MAGOWAN-If you have them, we love paper.
MR. KLINGBEIL-That's just the sign itself.
MR. TRAVER-So this is the original?
MR. KLINGBEIL-That's the original. Correct.
MR> DUMAS-It appears to us that it would be probably less by way of ambient lighting than the
new sign.
MR. KLINGBEIL-That would be similar to what we're looking to put up.
MS. WHITE-On the building?
MR. DUMAS-No, it's a freestanding sign out by the road.
MS. WHITE-But it will be similar to this on the freestanding?
MR. DUMAS-That's correct. Yes.
MS. WHITE-Gotcha.
MR. DUMAS-And it's simply replacing one face for another face.
MR. TRAVER-Okay. There's also a public hearing on this application. Is there anyone that
wanted to address the Planning Board on this application in the audience? Yes, sir. If you
don't mind giving up the table, we have one person who would like to speak.
PUBLIC HEARING OPENED
PAUL DERBY
MR. DERBY-Good evening. Paul Derby, 6 Ash Drive. I live on Glen Lake. I have no problem
with this project. It looks like a good project. I just have one question about noise generated
from the activities. I know you're talking about music, potential music. I was just wondering if
they could tell me if there's any kind of concerts planned or anything from that facility. Because
we've had issues in the past, there've been large concerts coming from The Great Escape, and
I see that they are covered under the Findings of the Environmental Impact Statement for The
Great Escape. So just questions about speakers and events and if they anticipate anything like
that in the future.
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MR. MAGOWAN-They did mention that it wouldn't be AC/DC or Motley Crew.
MR. TRAVER-We discussed that with the applicant last week, but it's very appropriate. Yes.
MR. DUMAS-I'm pleased to speak to that. The idea is that there would be some speakers on
the deck for ambient background music which is, you know, common I think in most dining
settings. In terms of the noise generation it would be that light ambient background music,
conversation, plates clinking, glasses clinking. I wouldn't expect that to be a problem. I think
the program would include some occasions when there would be live music, but not of a rock
band nature. It would be of an acoustic nature, and my understanding is that it would be just a
couple of times a year, and Casey can talk about the frequency with which that would be.
MR. KLINGBEIL-Yes, we're looking more Fourth of July, Memorial Day, stuff like that, but we're
like a carhop theme. It's not going to be anything that's going to be obnoxious or loud, and
quiet time is 10 o'clock at the Hotel.
MR. TRAVER-In looking at your seating plan, I don't see any dance floor.
MR. KLINGBEIL-There is no dance floor.
MR. TRAVER-So that to me would indicate that any music is going to be ambient background
music and not, people are there to eat and have a conversation. They're not there to watch or
listen to a concert.
MR. DUMAS-Correct.
MR. DEEB-And we discussed the closing hours last week at 10 o'clock if I remember correctly.
MR. KLINGBEIL-Yes.
MR. DEEB-So ten o'clock it shuts down. So there would be no music after that then.
MR. JACKOSKI-And there's no likelihood of using, clearing off the tables and using the deck as
a stage so to speak and having a dance party in the parking lot?
MR. KLINGBEIL-I would hope not. No I don't believe that would even be an option.
MR. TRAVER-Were there any written comments, Laura?
MRS. MOORE-Not for this application, no.
MRS. MOORE-In reference to SEAR, I know the resolution is one of our boilerplate resolutions,
but I have some language that I'd like to have added to that when you get to the SEQR
resolution.
MR. TRAVER-Okay. It's not added to the draft that we have before us?
MRS. MOORE-No, it is not.
MR. TRAVER-Okay. All right. Well we can discuss that. Any other questions, comments from
members of the Planning Board? We'll close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-And we can discuss the SEQR resolution under SEQR and what was your
language, Laura, that you wanted to add?
MRS. MOORE-So you're also going to add into this language that it's consistent with the 2001
Impact Statement and the 2004 Supplemental.
MR. TRAVER-Okay, and that's in our packet.
MRS. MOORE-Yes. So if you look under the traffic it identifies the two dates, the bullet under
Traffic actually identifies those two years of Supplemental and the EIS. So that should be just
added to that resolution.
MR. TRAVER-Okay. I see a notation for sound as part of the 2001 EIS.
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MRS. MOORE-I'm just identifying the year. So you're identifying that it's consistent with the
EIS of 2001 and the Supplemental of 2004 for this proposed application.
MR. DEEB-This is going on the Site Plan resolution, not the SEAR?
MRS. MOORE-It's going on the SEQR resolution.
MR. DEEB-So what we're talking about then, how do you want to word it, Laura, again?
MR. TRAVER-As part of our SEQR review we would note, if it's approved by the Board, we
would note that this is in compliance with the 2001 EIS and the 2004 Supplemental. All right,
well then we are ready to review our SEQR resolution. Are there any questions or concerns
that Board members have with regard to environmental impacts of this specific application?
Okay. I'm not hearing any. So then we can entertain a SEQR motion.
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP # 3-2018 HWP DEVELOPMENT,
LLC
The applicant proposes a 2,280 sq. ft. outdoor eating area addition to the "Johnny Rockets"
restaurant. The deck is to accommodate 120 seats and 1,080 sq. ft. of the deck is to be
covered. Pursuant to Chapter 179-4-080 of the Zoning Ordinance, new outdoor deck food
service 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 3-2018 HWP
DEVELOPMENT, LLC, Introduced by David Deeb 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.
3. The plan is compliant with the 2001 EIS and the 2004 Supplemental EIS.
Motion seconded by John Shafer. Duly adopted this 23 d day of January, 2018 by the following
vote:
AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb, Mr.
Traver
NOES: NONE
MR. TRAVER-All right. Let's see. So now we move on to the Site Plan approval. Do we
want to note that we're not going to have any concerts and that this will close at 10 p.m.? How
do Board members feel about those conditions?
MS. WHITE-1 guess you have to define concert.
MR. DEEB-Yes.
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MS. WHITE-Because they are going to have some occasions where there's live music, but it's
going to be at a level that still enables dinner conversation. So I guess we have to be careful
about the word concert.
MR. DEEB-I'm not sure we can say they have to close at 10 o'clock.
MR. TRAVER-Well, that's what they offered.
MR. DEEB-That's what they do, but that doesn't mean.
MR. DUMAS-That's a present condition. I would hate to have to come back for a modification
of Site Plan approval if they wanted to stay open until 10:30.
MR. TRAVER-Okay.
MS. WHITE-What I heard was quiet time at 10 o'clock.
MR. KLINGBEIL-Johnny Rockets itself closes at 10, but then we try to put the Hotel into a quiet
time because we do have a lot of children there. So it's time to start getting everybody to bed
and all the adults.
MS. WHITE-And that's already in place.
MR. KLINGBEIL-Correct.
MS. WHITE-And there's no, so.
MR. TRAVER-Okay. Well if Board members are not feeling as though we need to add those
conditions then we're ready for the draft motion.
RESOLUTION APPROVING SP # 3-2018 HWP DEVELOPMENT, LLC
The applicant has submitted an application to the Planning Board. Applicant proposes a 2,280
sq. ft. outdoor eating area addition to the "Johnny Rockets" restaurant. The deck is to
accommodate 120 seats and 1,080 sq. ft. of the deck is to be covered. Pursuant to Chapter
179-4-080 of the Zoning Ordinance, new outdoor deck food service 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 01/23/2018 and
continued the public hearing to 01/23/2018, 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
01/23/2018;
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 3-2018 HWP DEVELOPMENT, LLC; Introduced by David
Deeb 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) If application was referred to engineering, then engineering sign-off required prior to
signature
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of Zoning Administrator of the approved plans;
b) Final approved plans should have dimensions and setbacks noted on the site
plan/survey, floor
plans and elevation for the existing rooms and proposed rooms in the building and site
improvements,
c) 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;
d) The applicant must meet with Staff after approval and prior to issuance of
Building
Permit and/or the beginning of any site work;
e) Final approved plans must receive stormwater engineering signoff;
f) Subsequent issuance of further permits, including building permits is dependent on
compliance
with this and all other conditions of this resolution;
g) 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;
h) Resolution to be placed on final plans in its entirety and legible.
Motion seconded by Jamie White. Duly adopted this 23 d day of January, 2018 by the following
vote:
AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb, Ms. White, Mr.
Traver
NOES: NONE
MR. TRAVER-You're all set.
MR. KLINGBEIL-Thank you.
MR. TRAVER-The next item on our agenda is Site Plan 4-2018 for David Cohen and Michelle
Kaplan.
SITE PLAN NO. 4-2018 SEAR TYPE: TYPE II DAVID COHEN & MICHELLE KAPLAN.
AGENT(S) JARRETT ENGINEERS, PLLC. OWNER(S): SAME AS APPLICANT.
ZONING: WR. LOCATION: 18 CROOKED TREE DRIVE. APPLICANT PROPOSES TO
RENOVATE A 352 SQ. FT. SHED TO A GAME ROOM WITH A BATHROOM, 192 SQ. FT.
SCREENED-IN PORCH, 168 SQ. FT. FRONT PORCH AND TO RAISE A PORTION OF THE
ROOF. PURSUANT TO CHAPTER 179-13-010, 179-5-020 & 179-3-040 OF THE ZONING
ORDINANCE, EXPANSION OF A NON-CONFORMING STRUCTURE SHALL BE SUBJECT
TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: BP 088355
RES. ALT. (SUMMER KITCHEN); 428-2016 SEPTIC ALT.; AV 3-2018. WARREN CO.
REFERRAL: JANUARY 2018. SITE INFORMATION: APA, LGPC. LOT SIZE: 1.41
ACRES. TAX MAP NO. 239.15-1-9. SECTION: 179-13-010, 179-5-020, 179-3-040.
TOM JARRETT, REPRESENTING APPLICANT, PRESENT; MICHELLE KAPLAN, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this applicant did receive the variance last week also for expansion of an
existing 352 square foot shed into a game room. They did condition it that there be no living
quarters and that there not be a kitchen in the building, and so relief was granted for the height
and expansion of a nonconforming structure.
MR. TRAVER-Okay. Very good.
MR. SHAFER-Condition, could you repeat that, Laura?
MRS. MOORE-I'm sorry. No living quarters and no kitchen.
MR. TRAVER-Not to be used for living quarters and there is no kitchen. Good evening.
MR. JARRETT-Good evening. Tom Jarrett of Jarrett Engineers and Michelle Kaplan, owner.
As Laura mentioned, we did receive variances from the Zoning Board last week. They took
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note of your concerns regarding living quarters and as you can see they requested and we
offered to put a note on the drawing to that effect. We already had a note on the drawings and
we're going to modify it. To clarify how it's going to be done we're going to consult with the
Building Department and get some exact language that locks us into a condition to that effect.
We didn't note any concerns with site design last week. So I'll open it up to any questions that
you might have that arose since last week.
MR. TRAVER-And no changes were as a result of the ZBA review?
MR. JARRETT-No, other than the note we're going to modify on the drawings, no changes.
MR. TRAVER-Okay. Good. Thank you. Questions, comments from members of the
Planning Board? I know we spent quite a bit of time discussing it last week.
MS. WHITE-1 think that increases my comfort with the project.
MR. TRAVER-That was really the one issue that we spent some time discussing. There is a
public hearing on this application as well. There's not anyone left. So are there any written
comments, Laura?
PUBLIC HEARING OPENED
MRS. MOORE-There is a written comment for this application, and it's addressed to myself.
Hello, Ms. Moore. "I live at 14 Crooked Tree Drive, next door to Michelle Kaplan and David
Cohen, who live at #18. 1 wanted to let you know that I fully support their project to convert
their shed to a small living area. This will only enhance their lovely property. Please let me
know if you have any further questions. Thank you, Kit Seelye"
MR. TRAVER-All right. Then we will close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-This is a SEQR Type 11. So we need no further SEQR resolution on that. Are
there any comments or further questions for the applicant from members of the Board?
MR. SHAFER-So the bathroom stays, but no kitchen?
MR. TRAVER-Correct, and they're offering to include notations on the plans to so state, and
that it cannot be used as living quarters.
MS. WHITE-So the second story addition will not have abed in it. It will be for storage.
MR. JARRETT-Just a storage loft.
MS. WHITE-A storage loft.
MR. JARRETT-And just for the record that's a half bath, not a full bath or a three-quarter. Not
Japanese style.
MR. TRAVER-All right. Well I guess we're ready to entertain a motion, then.
RESOLUTION APPROVING SP #4-2018 DAVID COHEN & MICHELLE KAPLAN
The applicant has submitted an application to the Planning Board for Site Plan approval
pursuant to Article 9 of the Town zoning Ordinance to renovate a 352 sq. ft. shed to a game
room with a bathroom, 192 sq. ft. screened-in porch, 168 sq. ft. front porch and to raise a
portion of the roof. Pursuant to Chapter 179-13-010, 179-5-020 & 179-3-040 of the Zoning
Ordinance, expansion of a non-conforming structure 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;
�Qa.ueeir.n,ruba.uir.y II::II irnirnliirn,� IBciard 01/23/2018)
The Planning Board opened a public hearing on the Site plan application on 01/23/2018 and
continued the public hearing to 01/23/2018, 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
01/23/2018;
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 4-2018 DAVID COHEN & MICHELLE KAPLAN;
Introduced by David Deeb who moved for its adoption;
Per the draft provided by staff conditioned upon the following conditions:
1) Waivers requestrag nted;
2) Structure not to be used as living quarters and not to contain a kitchen;
3) Adherence to the items listed in the follow-up letter sent with this resolution;
a. If application was referred to engineering, then engineering sign-off required prior to
signature of Zoning Administrator of the approved plans;
b. Final approved plans should have dimensions and setbacks noted on the site
plan/survey, floor plans and elevation for the existing rooms and proposed rooms
in the building and site improvements,
c. 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;
d. The applicant must meet with Staff after approval and prior to issuance of
Building Permit and/or the beginning of any site work;
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 23 d day of January, 2018 by the
following vote:
AYES: Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb, Ms. White, Mr. Shafer, Mr.
Traver
NOES: NONE
MR. TRAVER-Good luck.
MR. JARRETT-Have a good night.
MR. TRAVER-And we discussed the third meeting next month. So we've established that.
We just need to, Staff will contact Mike and find out if he will be able to be there. Is there any
other business before the Board this evening? Not hearing any, we can entertain a motion to
adjourn.
MR. HUNSINGER-So moved.
MS. GAGLIARDI-Did somebody second that?
MS. WHITE-I'll second it.
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JANUARY
23, 2018, Introduced by Chris Hunsinger who moved for its adoption, seconded by Jamie White:
Duly adopted this 23 d day of January, 2018, by the following vote:
AYES: Mr. Hunsinger, Ms. White, Mr. Magowan, Mr. Shafer, Mr. Jackoski, Mr. Deeb, Mr.
Traver
NOES: NONE
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On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Stephen Traver, Chairman