02-20-2018 (Queensbury Planning Board 02/20/2018)
QUEENSBURY PLANNING BOARD MEETING
FIRST REGULAR MEETING
FEBRUARY 20, 2018
INDEX
Site Plan No. 27-2017 Seaton Property Holdings 1.
Special Use Permit 7-2017 Tax Map No. 308.16-1-55, -56, -58, & -61
FURTHER TABLING
Site Plan No. 74-2017 Queensburywood, LLC 2.
Tax Map No. 296.17-1-35
Site Plan No. 12-2018 O'Reilly Auto Enterprise, LLC 11.
MODIFICATION Tax Map No. 302.7-1-28
Site Plan No. 15-2018 Six Flags Great Escape 19.
Tax Map No. 288.20-1-20
Site Plan No. 13-2018 Parker Hammond Dev., LLC 26.
Tax Map No. 309.17-1-18.4
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
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(Queensbury Planning Board 02/20/2018)
FEBRUARY 20, 2018
7:00 P.M.
MEMBERS PRESENT
STEPHEN TRAVER, CHAIRMAN
CHRIS HUNSINGER, VICE CHAIRMAN
DAVID DEEB, SECRETARY
JAMIE WHITE
BRAD MAGOWAN
JOHN SHAFER
MEMBERS ABSENT
MICHAEL VALENTINE
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, February 20th, 2018. This is the second meeting for the
month of February and the fourth meeting thus far for 2018. We have, there should be some
agendas on the table at the rear of the room. If you have, like I do, a cellphone, please turn it
off or silence it, and we'll get to our agenda. The first item being an Administrative Item. Site
Plan 27-2017, Special Use Permit 7-2017 for Seaton Property Holdings. Requesting further
tabling.
ADMINISTRATIVE ITEM:
SITE PLAN 27-2017 & SPECIAL USE PERMIT 7-2017 SEATON PROPERTY HOLDINGS
FURTHER TABLING
MR. TRAVER-Laura?
MRS. MOORE-Okay. So the applicant and the Town Board have not finalized the language
and the change of Code for the type of use that they're proposing. So that's still in the middle
of that gathering information and writing it down, and so at this time you can either table it to the
second May meeting or the second June meeting, and I don't have a preference. I just, there's
still working those details out and I don't know how long it's going to take.
MR. TRAVER-Yes. Well, the second May meeting would be May 17th. That's on the Thursday
this year because of the, I think that's because of the tax abatement issue that we have every
year in May. People get to, at least that's what I have on my calendar. We have a Tuesday
and a Thursday that week.
MR. DEEB-Steve, should we go with June just to be safe?
MR. TRAVER-Would you?
MRS. MOORE-I don't have, I really don't, once it gets through the process it'll move rather
quickly to set up the public hearings and things like that. It just hasn't been completed yet.
MR. TRAVER-Okay. Well, why don't we go with May 17. We can always table it again if we
need to.
MR. MAGOWAN-You don't want to push it to the 30th because they're both open? Gains you
another two weeks.
MR. TRAVER-Yes, but I mean they're looking at quite a bit of time between now and the second
meeting in May. Hopefully it's just an issue with language drafts with the Town Board. So
hopefully they'll be able to get that resolved and we can get it off our to do list. If not we can
table it again. So are we ready for a motion on that?
RESOLUTION TABLING SP #27-2017 & SUP 7-2017 SEATON PROPERTY HOLDINGS
MOTION TO EXTEND TABLING OF SITE PLAN 27-2017 & SPECIAL USE PERMIT 7-2017
SEATON PROPERTY HOLDINGS, Introduced by David Deeb who moved for its adoption.
Motion seconded by Brad Magowan.
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Tabled until the May 17, 2018 Planning Board meeting.
Duly adopted this 20th day of February, 2018 by the following vote:
AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Traver
NOES: NONE
ABSENT: Mr. Valentine
MR. TRAVER-All right. Now we move to our regular agenda. The first item being a previously
tabled item, Queensburywood, LLC. This is Site Plan 74-2017, Harbor Freight tools.
SITE PLAN NO. 74-2017 SEAR TYPE: UNLISTED. QUEENSBURYWOOD, LLC.
AGENT(S): KENNETH BROWNELL. OWNER(S): SAME AS APPLICANT. ZONING: CI.
LOCATION: 871 STATE ROUTE 9. APPLICANT PROPOSES TO REMOVE EXISTING
RAY SUPPLY BUILDING AND CONSTRUCT 16,000 SQ. FT. "HARBOR FREIGHT"
BUILDING WITH ASSOCIATED PARKING. PROJECT INCLUDES NEW PARKING
ARRANGEMENT, RETAINING WALL, LIGHTING, STORMWATER MANAGEMENT AND
LANDSCAPING. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE,
NEW COMMERCIAL USE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. APPLICANT HAS SUBMITTED UPDATED INFORMATION FOR SITE WORK
PER PREVIOUS PLANNING BOARD MEETING. CROSS REFERENCE: 2000-519 COMM.
ADDITION; 094171-3537 STORAGE & CAR STEREO INSTALLATION BLDG. WARREN
CO. REFERRAL: DECEMBER 2017. SITE INFORMATION: TRAVEL CORRIDOR
OVERLAY ZONE. LOT SIZE: 2.13 ACRES. TAX MAP NO. 296.17-1-35. SECTION: 179-
3-040
LUIGI PALLESCHI, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Good evening.
MRS. MOORE-1 have the applicant proposes a 16,000 square foot Harbor Freight building with
associated parking. At our last meeting we went over some items that the applicant was to
clarify and I'll just go through some of those highlights.
MR. TRAVER-Yes.
MRS. MOORE-So under Signage, the applicant did come up with the size of the wall sign, the
detail behind that and the size and alignment. The wall sign is 109 feet and is to face Route 9.
The monument sign is 40 square feet located 15 foot setback is required. Under Traffic his
revised site plan shows the north access point to have right hand turn entry and exit only, no left
hand turn, and the south access point allows for full movement, and under grading and drainage
plans we talked about the wall heights are shown for the building area and they are clarified for
the parking area. I apologize, but we did revise that information, and under Landscaping Plan
we note that along the Carlton Drive or the rear of the building that the northern spruce that are
being installed, there's 17 proposed at an 8 foot height, and then the retaining wall sections
along the back of the building and into the parking lot range from 8 feet to 13 and a half feet,
and then under Elevations, the applicant revised the plan showing the color scheme which is
browns and neutral colors with green awning elements and stone face edging at the building
base front.
MR. TRAVER-Okay. Very good. Thank you. Good evening.
MR. PALLESCHI-Good evening. Luigi Palleschi with ABD Engineers. Here tonight for a
project located at 871 Route 9. The project is about just over two acres, outlined in red.
There's an existing building that sits on there today known as Ray Supply. The project is
located on, it would be the west side of Route 9. You have the Pizza Hut on the south, a
couple of residential abutting properties on the west. Wal-Mart and their entrance would also
be on the west and the north of the project. The proposal is to remove the existing building to
make way for a 16,000 square foot proposed harbor Freight building. The 16,000 square foot
building would be a one story building situated in the southwest corner of the site. Access to
the site will be from Route 9, similar to what you see today. There are two ingress and egress
points on Route 9 currently, and our proposal is to keep the southernmost entrance a full access
curb and then the northern entrance would be a right in and right out. I know that was sort of
the discussion at the last meeting here in front of the Planning Board. The 16,000 square foot
building did not change since the last time. That's still situated in that area there. Also
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discussed at the last Planning Board meeting the islands within the parking lot area have been
adjusted slightly to increase the green space within the islands so that we meet the Town's
Code. We're at 80 parking spaces provided for the Harbor Freight. We are banking seven
parking spaces. So 73 of those spaces would be built up front and then seven reserved for
future. All the landscaping islands and along Route 9 will be heavily landscaped. Lighting will
be with wall packs and poles, light poles. A lot of them will have double heads. The height of
the pole lights will be about 20 feet. They're LED type lighting, all down type. That was
another item that was discussed at the last meeting. So all down type lighting. As far as
sidewalks, we are proposing a sidewalk along the front of the parking that would connect to the
existing sidewalk on Route 9. At the rear of the building we are proposing an eight foot vinyl
fence and also 17 northern spruces to help buffer the back wall building and, you know, help
buffer it from the adjoining neighbors, even though the neighbors are far away, and the existing
trees that they have in the backyard, this will only help the situation. Grading and drainage all
drains on site. If you recall the existing site does currently flow out to Route 9 right now and
what we're proposing is onsite infiltration, utilizing the sandy soils on site. There is a little bit
from the driveways that will go to DOT drainage system, but it'll certainly be significantly less
than what what's going there today. We've been working with DOT. I've provided a letter from
DOT and their letter wasn't earth shattering, nothing significant in regards to site plan changes,
just a few comments on crosswalks and sidewalks and radiuses coming in and out of the site.
At the southern driveway entrance we had proposed a wider curb cut and DOT came back and
commented to narrow it a little bit. However, in order to narrow it a little bit we're proposing a
mountable curb with a little additional asphalt so that we could get the tractor trailers into the site
from there. So we are narrowing the curb cut over the mountable curb. We'll certainly work
with DOT with the minor items that they had in regards to the site plan. We also received
stormwater comments from Chazen, the Town designated engineer. We've gone through
every one of those and again there was nothing significant. We were able to go through each
item and address each item that we feel they're minor technical comments. We'll certainly work
through that aspect of the stormwater design. Another item that we're requesting is a waiver
to remove an easement from the Wal-Mart to the site in itself. I believe years ago the Ray
Supply was granted an easement for Ray Supply to access Wal-Mart site. It wasn't so Wal-
Mart could come here and use anything on the Ray Supply site. It was really because they
thought they were going to have a lot of truck traffic through their back entrance in through the
site. So that's what the easement was set up for, and due to the grades and the retaining wall
we'd like to remove that easement, and then back to another waiver request here is, again, for
the buffer along the southwest rear of the building. Code requires a 50 foot buffer to a
residential property. Right now we're proposing 27.1 feet. However, as discussed previously,
you know, we're providing a greater buffer so that we will install an 80 foot solid vinyl fence an
also, you know, eight foot height Norway spruces. So, you know, we're here tonight for
hopefully final site plan approval with any conditions that you may have, and if you have any
questions, I'd be happy to answer them.
MR. TRAVER-The only question I had was with regard to the parking. You mentioned tonight
we had seven spaces banked and I think on the application it says five. So you're having more
real spaces and fewer banked spaces, and you've increased that by two from five to seven?
MR. PALLESCHI-Yes, I don't have the previous site plan here with me. However, even with
those two additional spaces, we still meet the green space requirements. So I don't think it's an
issue. I think having the extra two banked spaces.
MR. TRAVER-I just noted.
MR. PALLESCHI-Okay
MS. WHITE-The note in the letter says the number of planned parking spaces has been reduce
to 73 to accommodate landscaping to paving ratio.
MR. TRAVER-Okay. All right. Very good. All right. Questions, comments from other
members of the Planning Board?
MR. MAGOWAN-Yes. Do you know how many cubic yards you'll be pulling out of there to
lower that thing?
MR. PALLESCHI-I don't have that, but, you know, it is a, you know, a 13, 14 foot high retaining
wall specifically in this one site, and then it obviously tapers down. I don't have those
calculations.
MR. MAGOWAN-You're even lowering the front. There's a lot of fill coming out of there.
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MR. PALLESCHI-Yes, right. There is. It's a tough site, trying to balance the site and getting all
the parking lot rates to work, especially for handicap and so forth. So we're doing the best we
can with the, that we have that are challenging on the site.
MR. MAGOWAN-So one of the questions I've heard from the neighbors behind is the back, and
I believe I saw a picture somewhere. The back, you know, they're afraid they're going to be
looking at and hearing all the rooftop A/C's and that and the heaters. I told them that the buffer,
wait a minute, here it is. What is that height? Do you know the height of the back there, the
next one over, the last one?
MR. PALLESCHI-That's the side.
MR. MAGOWAN-All right. Well let's go up there to that top one, then. What's the white?
MR. PALLESCHI-That's the roof.
MR. MAGOWAN-The back of the roof.
MR. PALLESCHI-The back roof pitching.
MR. MAGOWAN-So what is the height of the back that's pitching from the ground, and then the
height of your units about five foot?
MR. PALLESCHI-Yes, so I believe it's 22 feet from the bottom first floor to the back of the roof,
okay, but as you come over into this corner here you're only going to see maybe eight feet of
the actual building because the retaining wall is the building, okay, and then so you have eight
feet and then plus another four or five feet for your units, you know, you're at like 12, 13 feet.
MR. MAGOWAN-So my question is when I'm checking it out, I mean, I just, what are the
neighbors going to see? I know it slopes up there.
MR. PALLESCHI-Yes, and by providing an eight foot solid fence, you know, and they're up here
looking down, you know, they're actually going to be looking at that solid fence, and then we're
going to put eight foot trees on top of that, you know, and in few years they're going to grow and
be taller than the fence, and then you also have the mature existing trees that are there on their
property. So we feel that, you know, looking through the back, we've got a lot of trees that are
currently there and we're adding to that buffer by providing the fencing and additional pine trees.
MR. MAGOWAN-So those eight foot trees, is that from the ground up or is that from the bottom
of the ball?
MR. PALLESCHI-That's from the ground up.
MR. MAGOWAN-All right. So they'd be like 10 foot, 10, 11 foot.
MR. PALLESCHI-And it could be a little deceiving as well because this land is going to be
sloping down towards the building.
MR. MAGOWAN-Yes, so that's what I'm wondering is, you know, how much higher are they
going to be looking at the back of the roof?
MR. PALLESCHI-Yes. They're going to be seeing the vinyl fence, and then over time those
pine trees will grow over the fence.
MR. TRAVER-So with the vinyl fence as proposed in place the neighbors will not see the
building at all. They'll see the vinyl fence. Right?
MR. PALLESCHI-Yes. It's hard to tell. I do have.
MR. MAGOWAN-Yes, see and that keeps going up to the neighbors' yard. So they're going to
be, you know, looking it over, looking over.
MR. PALLESCHI-Right, but if the fence, can I walk over?
MR. TRAVER-Yes, certainly.
MR. PALLESCHI-So at this location here, right, you've got that eight foot of exposed.
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MR. MAGOWAN-Right.
MR. PALLESCHI-Okay. And this continually slopes up, right, so the higher you put the fence,
you know, the higher your line of sight is cut off to view the building. So if that's eight feet and
you come up to here eight feet, right, and then you project a line down, you know, they might
just barely see the roof of the building, but not necessarily the back of the wall. If that makes
sense.
MR. MAGOWAN-And how many rooftops do you think are going to be up there, just two?
MR. PALLESCHI-I believe just the two as shown.
MR. MAGOWAN-Usually when they're, but when you're kind of higher than them, I'm just, you
know, worried about the, not that they make a heck of a lot of noise, but.
MR. PALLESCHI-Right, and if the rooftop units are positioned in the center of the building, you
know, you're, I don't know, I would say hundreds of feet away. So, you know, for every foot
away from the building or from a noise, you know, the decibel readings actually reduce
exponentially, and with the buffering, you know, the fencing, the trees also help reduce the
noise.
MR. MAGOWAN-Okay. Thank you.
MR. TRAVER-We do have a public hearing on this application. Are there folks in the audience
that wanted to address the Planning Board on this project?
PUBLIC HEARING OPENED
MR. SHAFER-Mr. Chairman, I have a question.
MR. TRAVER-Sure.
MR. SHAFER-It has to do with the access to Wal-Mart. If you drive up there now, that road
from Wal-Mart down to Ray Supply does not look very steep at all and I'm wondering if, are you
lowering the first floor elevation considerably from what is there now with the Ray Supply
building?
MR. PALLESCHI-Yes we are.
MR. SHAFER-How much and why? I'll get to the question in a minute.
MR. PALLESCHI-So here you can see the building, the existing building sits closer to Route 9,
okay, and you've got the same entrance coming in and out, and, you know, there's very little
parking up front. In order to build the required parking spaces for the site you need the parking
up front here and pushing the building back, right, and in order to keep the parking flat and still
have a reasonable slope back down on the south entrance is how we develop this site here.
MR. TRAVER-And you can see the intervals there.
MR. PALLESCHI-Yes. I'm going to read that right now to you.
MR. MAGOWAN-There's a substantial amount of fill coming out of there, John.
MR. SHAFER-Yes, I understand. It just seems such a shame to, you know people are going to
go to Wal-Mart and then to Harbor Freight, or to Harbor Freight and then to Wal-Mart and then
go out onto Route 9 when they don't have to now do that. It just seems like a terrible shame. A
detail question on the site plan, the retaining wall. If you start by the dumpster and you go to
the east, and then there's a right angle over to another right angle and the retaining wall goes
behind what I guess are the seven banked parking spaces.
MR. PALLESCHI-Yes.
MR. SHAFER-And that's the snow storage area. Could you have extended that retaining wall
straight down and yes you would give up the seven spaces, and you could slope the retaining
wall down to ground level, would that allow you to continue the access to Wal-Mart behind the
retaining wall?
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MR. PALLESCHI-If you look at these grades here, this is a one on three grade. That's 33%.
So even if you did that, it would be very steep to access around that retaining wall.
MR. SHAFER-So that's all driven by the huge amount of fill you're taking out of the site to lower
the building, it seems.
MR. PALLESCHI-I don't know what benefit having a connection here anymore anyway with the
right in, right out. It's not, like right now I can see people turning left in here to make the short
cut. Instead of going to this entrance, they make a left in here and come up through the back.
MR. SHAFER-Well there's a light in front of Wal-Mart. That would make sense.
MR. PALLESCHI-Yes, I guess I don't understand what the interconnection here would be, as
opposed to the back service area, right to Wal-Mart, come up through this entrance here, right.
If you come up through here, you're coming this way to Wal-Mart.
MR. SHAFER-Understood, but if somebody goes to Wal-Mart and then they want to go to your
place, they could simply go down that little access road.
MR. PALLESCHI-And they would come out here, right out. It's pretty convenient. I don't think
they're going to make a right out and then come around. I don't know.
MR. MAGOWAN-1 believe when they were in here the first time for discussion, I think we went
over that and we tried to figure it out and you'd have to build that ramp that would almost be
down pretty close to that first big 90 island there. And then you'd be losing all that parking.
And I'm sure they could do it but then they'd be eating up all their green space.
MR. PALLESCHI-And it would be an eight percent grade. If you just take the difference in
elevation from Route 9 to the back property.
MR. MAGOWAN-You said eight degree?
MR. PALLESCHI-Eight percent, eight to ten percent, depending, and then you're going to have
to come in here and possibly go a little steeper.
MR. SHAFER-What's the depth of the lot? How deep is the lot?
MR. PALLESCHI-243, I believe.
MR. SHAFER-So you'd be going from elevation 466 to 448, 18 feet, and past that distance, if
you were to use that retaining wall as a retaining wall. What does that work out as a slope? I
can't do it in my head.
MR. PALLESCHI-So what is it, 18 over.
MR. SHAFER-Half of the side dimension.
MR. PALLESCHI-So 120. That's a 15 percent slope.
MR. SHAFER-Fifteen? Okay.
MR. MAGOWAN-1 mean, if that's the case, I mean, we did go over that back and forth. I mean,
I see coming down Wal-Mart to make a right and a right back in. You're just doing kind of a U
turn. That's a lot safer. I mean, otherwise you'd have to have a connecting road right down
near the bottom of Route beforehand. So with that retaining wall and everything and banking
those, the parking lots, like I say we went over and over it. Putting that building back in there
and putting that huge retaining wall really puts a damper on using that access road.
MR. SHAFER-I'm okay, Brad.
MR. DEEB-Well, we discussed the utility of the access road last time. I think we were pretty
much decided that it wasn't needed because it wasn't going to be used very much anyway, and
the importance of it wasn't what was intended for originally. I thought that's what we discussed.
MR. TRAVER-Well, yes, we discussed it at length. All right. Well, we did open the public
hearing. Last call. Is there anyone in the audience that wants to address the Planning Board
on this application? Are there any written comments, Laura?
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MRS. MOORE-There's no written comments, but I do have a comment to talk about from
Chazen's letter. So I don't know if you want me to talk about it now.
MR. TRAVER-Sure.
MRS. MOORE-They did mention the issue about the retaining wall and there's a detail that they
suggested that the Board obtain, and I think that, there was a detail in reference to the retaining
wall being designed by an engineer, and the idea was that the applicant would be able to
provide that prior to the Building and Codes review of the application materials. It'll be brought
in as part of site plan. That's the only suggestion that I would encourage the Board or the
applicant either to explain what the detail is behind the wall and that we could probably use a
little more detail besides just a generic script.
MR. TRAVER-Okay. So we want detailed drawings of the proposed retaining wall to be
submitted as part of the building permit approval?
MRS. MOORE-No, as part of their site plan.
MR. TRAVER-Part of their site plan. Okay.
MR. DEEB-Then you want engineering plans. Right?
MRS. MOORE-1 don't know if you had any other information about the retaining wall?
MR. PALLESCHI-No, other than the retaining wall is part of the building structure. It's a
concrete, basically a foundation wall that has concrete in it. That would be designed by the
structural engineer and the building itself as well. It's not like your typical retaining wall where
it's like a segmental wall. It's part of the building structure.
MR. TRAVER-Well the wall does extend beyond the building, though, correct?
MR. PALLESCHI-Correct.
MR. TRAVER-And with that slope I can understand from the engineering standpoint wanting to
understand the structure and how it's.
MR. PALLESCHI-Right. So that would be designed by the same structural engineer, because,
you know, they would design this wall as they would along the entire back to retain the same
distance, pretty much the same slope that is being retained throughout this entire rear section,
and I think that's what we were thinking as far as, you know, during the building permit it would
be part of the building design that the building inspector would be reviewing the building plans
for the details of that wall.
MR. HUNSINGER-Is Chazen's concern that they want to review it and not leave it up to Staff?
Is that the issue?
MRS. MOORE-1 believe so. They just wanted to give us a little more feedback on how that wall
is constructed and if there's something else that we needed to be aware of.
MR. TRAVER-And that's Item 12 you're referring to?
MRS. MOORE-Yes.
MR. HUNSINGER-I just thought you did a really good job addressing all the concerns from the
last meeting.
MR. PALLESCHI-Thank you.
MR. HUNSINGER-And it was very clear, too, in your letter in your plans, too.
MR. TRAVER-All right. Aside from the issue of the retaining wall detail. Okay. We do have
a SEQR review on this project as well. This is SEQR Unlisted. We'll close the public hearing
on this application.
PUBLIC HEARING CLOSED
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MR. TRAVER-How does the Board feel about proceeding in the context of the Comment
Number 12 from Chazen?
MR. DEEB-I'll add it to the resolution.
MR. TRAVER-Okay, but we're kind of in a Catch 22.
MRS. MOORE-1 agree. I think you could include it as part of the resolution. I mean the
applicant's required to get engineering signoff. There's other elements of the comments that
they need to address. So I would include this.
MR. TRAVER-Okay.
MR. HUNSINGER-Did you see the most recent letter, the one dated February 15th?
MR. PALLESCHI-From Chazen? I did, yes.
MR. TRAVER-Yes, we're just receiving that this evening.
MR. DEEB-But that's the one you said you didn't have any problem with.
MR. PALLESCHI-Correct. Yes, we reviewed every one. Just to note, I guess if they're not
really requesting that they review the engineering of it.
MR. DEEB-They may not be, but we are.
MR. PALLESCHI-Yes. They're asking if it should be done at Site Plan or Building Permit
application, obviously the design of the wall isn't going to change the layout of the site.
MR. TRAVER-Right.
MR. PALLESCHI-The building permit application would be more applicable, but whatever the
Board wants to do.
MR. TRAVER-As with the other comments from Chazen, you need to get their signoff anyway
before there's final approval.
MR. PALLESCHI-Right. We would accept that as a condition.
MR. TRAVER-Well, yes, it is a condition.
MR. DEEB-It is a condition.
MR. TRAVER-So that's good.
MR. PALLESCHI-We're in agreement.
MR. TRAVER-Good. Thank you. So we now have, we now proceed, if the Board feels ready
to do so, we can move on to the SEQR review and resolution. Do members of the Board feel
comfortable moving ahead with the environmental review? Okay. Then I guess we're ready to
entertain a resolution.
RESOLUTION TO GRANT A NEGATIVE SEQR DEC. SP # 74-2017 QUEENSBURYWOOD,
LLC
The applicant proposes to remove existing Ray Supply building and construct 16,000 sq. ft.
"Harbor Freight" building with associated parking. Project includes new parking arrangement,
retaining wall, lighting, stormwater management and landscaping. Pursuant to Chapter 179-3-
040 of the Zoning Ordinance, new commercial use shall be subject to Planning Board review
and approval.
The Planning Board has determined that the proposed project and Planning Board action is
subject to review under the State Environmental Quality Review Act;
The proposed action considered by this Board is Unlisted in the Department of Environmental
Conservation Regulations implementing the State Environmental Quality Review Act and the
regulations of the Town of Queensbury;
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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 74-2017
QUEENSBURYWOOD, LLC, Introduced by David Deeb who moved for its adoption.
As per the resolution prepared by staff.
1. Part II of the Short EAF has been reviewed and completed by the Planning Board.
2. Part III of the Short EAF is not necessary because the Planning Board did not identify
potentially moderate to large impacts.
Motion seconded by Brad Magowan. Duly adopted this 20th day of February, 2018 by the
following vote:
AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Deeb, Mr. Traver
NOES: NONE
ABSENT: Mr. Valentine
MR. TRAVER-All right. Next we move on to the Site Plan itself. We spoke about the language
for the one condition which indicates that Chazen will have an opportunity to review. You've
got it already. Okay. All right. Go ahead/
RESOLUTION APPROVING SP # 74-2017 QUEENSBURY WOOD, LLC
The applicant has submitted an application to the Planning Board: Applicant proposes to
remove existing Ray Supply building and construct 16,000 sq. ft. "Harbor Freight" building with
associated parking. Project includes new parking arrangement, retaining wall, lighting,
stormwater management and landscaping. Pursuant to Chapter 179-3-040 of the Zoning
Ordinance, new commercial use shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the
Planning Board has determined that this proposal satisfies the requirements as stated in the
Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to
the Warren County Planning Department for its recommendation;
The Planning Board has reviewed the potential environmental impacts of the project, pursuant
to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative
Declaration — Determination of Non-Significance
The Planning Board opened a public hearing on the Site plan application on 12/19/2017 and
continued the public hearing to 02/20 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
02/20/2018;
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 74-2017 QUEENSBURYWOOD, LLC; Introduced by
David Deeb who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
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(Queensbury Planning Board 02/20/2018)
1) Waivers requested granted; including buffer to be set at 27.1 feet, instead of the required
50; the proposal for seven banked parking spaces; and removal of the 20 foot wide
interconnect to Wal-Mart.
2. Adherence to the items outlined in the follow-up letter sent with this resolution.
a) The limits of clearing will constitute a no-cut buffer zone, orange construction
fencing shall be installed around these areas and field verified by Community
Development staff;
b) If applicable, the Sanitary Sewer connection plan must be submitted to the
Wastewater Department for its review, approval, permitting and inspection;
c) If curb cuts are being added or changed a driveway permit is required. A building
permit will not be issued until the approved driveway permit has been provided to the
Planning Office;
d) If application was referred to engineering then Engineering sign-off required prior to
signature of Zoning Administrator of the approved plans;
e) 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;-
f) If required, the applicant must submit a copy of the following to the Town:
a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC
SPDES General Permit from Construction Activity" prior to the start of any site
work.
b. The project NOT (Notice of Termination) upon completion of the project;
c. The applicant must maintain on their project site, for review by staff:
i. The approved final plans that have been stamped by the Town Zoning
Administrator. These plans must include the project SWPPP (Storm
Water Pollution Prevention Plan) when such a plan was prepared and
approved;
ii. The project NOI and proof of coverage under the current NYSDEC
SPDES General Permit, or an individual SPDES permit issued for the
project if required.
g) 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;
h) The applicant must meet with Staff after approval and prior to issuance of
Building Permit and/or the beginning of any site work;
i) Subsequent issuance of further permits, including building permits is dependent on
compliance with this and all other conditions of this resolution;
j) 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.
k) This resolution is to be placed in its entirety on the final plans.
1) Town Engineering review of retaining wall to be included as part of the site plan.
Motion seconded by Brad Magowan. Duly adopted this 20th day of February, 2018 by the
following vote:
MRS. MOORE-So I have another comment. So the applicant, we have some of our standard
waiver requests that are generally granted. In this case the applicant has requested three
specific waivers and you should probably identify those in addition to the waivers that are
generally approved.
MR. DEEB-All right.
MRS. MOORE-And they're identified in the Staff Notes there. So the sections are already, and
then one of the things the applicant has pointed out is the buffer is now at 27.1 foot buffer, and
the banked parking spaces are seven. That's correct.
MR. TRAVER-Yes.
MR. DEEB-Waivers requested including buffer be set at 25 feet, and that the proposal for the
seven banked parking spaces and removal of the 20 foot wide interconnect to Wal-Mart.
MRS. MOORE-Just a note, it's 27. 1 feet not 25.
MR. TRAVER-27.
MRS. MOORE-One foot is the buffer that the applicant is proposing, versus 25.
MR. TRAVER-Okay.
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(Queensbury Planning Board 02/20/2018)
MR. HUNSINGER-We were reading it off the Staff Notes.
MR. DEEB-I read it off the Staff Notes.
MRS. MOORE-He mentioned during the, unless the applicant, unless you want to grant 25, the
applicant is proposing 27.1.
MR. PALLESCHI-Twenty-five gives us a little bit of wiggle room during construction.
MR. HUNSINGER-Hey we heard last week how they can construct a house site within an inch.
So we're not going to give up two feet when we know you can engineer.
MR. DEEB-Well, I'll try this again, the amended, amended resolution.
MRS. MOORE-You just need to identify the number. You don't have to go through the whole
thing.
MR. DEEB-All right. The buffer will now be at 27.1 feet instead of the required 50.
MR. TRAVER-Questions on that motion from members of the Board? If not, Maria, can we
have the vote, please.
AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Deeb, Mr. Traver
NOES: NONE
ABSENT: Mr. Valentine
MR. TRAVER-All right. You're all set.
MR. PALLESCHI-Thank you.
MR. HUNSINGER-Thank you.
MR. TRAVER-All right. The next item on our agenda is under New Business, and this is
O'Reilly Auto Enterprises, LLC, for a Site Plan Modification 12-2018.
NEW BUSINESS:
SITE PLAN (MODIFICATION) 12-2018 SEAR TYPE: UNLISTED. O'REILLY AUTO
ENTERPRISE, LLC AGENT(S): BOHLER ENGINEERING MA, LLC. OWNER(S): SAME
AS APPLICANT. ZONING: CI. LOCATION: 682 GLEN STREET. APPLICANT
PROPOSES MODIFICATION TO AN APPROVED SITE PLAN FOR A 7,453 SQ. FT. SINGLE
STORY BUILDING FOR AUTOMOTIVE PARTS. MODIFICATION IS A WAIVER REQUEST
FOR POST-CONSTRUCTION STORMWATER. PURSUANT TO CHAPTER 179-3-040 &
179-6-080 OF THE ZONING ORDINANCE, MODIFICATION TO AN APPROVED SITE PLAN
SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS
REFERENCE: DISC 5-2017, AV 41-2017, SP 44-2017. WARREN CO. REFERRAL:
FEBRUARY 2018. LOT SIZE: .76 ACRE. TAX MAP NO. 302.7-1-28. SECTION: 179-3-
040, 179-6-080.
JOSHUA O'CONNOR, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-Okay. So the applicant intends to, or this is a modification to the project
originally for a 7,453 square foot single story building for automotive parts sales, and so in this
request the applicant requests a waiver from the post construction stormwater requirements,
and so I've identified information under grading that the volumes are higher at certain design
points and the information has been shared with the Town Engineer. The Town Engineer
doesn't seem to think that this is a, seems to think that this is an okay request, however the
engineer has indicated that the Board could, as we've done in the past, ask for less, or
additional green space.
MR. TRAVER-More pervious.
MRS. MOORE-So it's up to the Board, but it's not impossible for the waiver to be granted.
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(Queensbury Planning Board 02/20/2018)
MR. TRAVER-Understood. All right. Thank you. Good evening. Welcome back.
MR. O'CONNOR-So it's been since July. I don't know. Do you want to hear the whole song
and dance for the sake of the Board?
MR. TRAVER-Well, I think all of us were here when we did the initial review, but if you want to
discuss the.
MR. O'CONNOR-I'll do the cursory.
MR. TRAVER-Yes, and then certainly the modifications and then members can ask whatever
additional detail they want.
MR. O'CONNOR-Understood. For the sake of the record, my name is Joshua O'Connor from
Bohler Engineering, an engineer in the State of New York. We're looking at the site at 682 Glen
Street. Currently the vacated Fit Fast Food facility, formerly a Friendly's Restaurant. As
discussed this past summer, we're proposing an O'Reilly Automotive Parts approximately 7500
square feet to be located in the center mass of the site here, and again, opposite the Price
Chopper. As discussed, the site included, like I said, a 7500 square foot retail auto parts
facility, reduction in curb cuts. As it stands today the site is generally open to Glendale and has
an opening on Glen Street which is being maintained. We've worked through the engineering
of that opening with DOT. We have a signoff from them. They've actually, pursuant to the
waiver issue they've reviewed our drainage and accepted the drainage shelf that's associated
with the permit application. That said, we're proposing landscaping around the site. Following
the meeting and a condition of the previous approval we provided a street tree on the front.
One of the other conditions of approval was the provision of signage along this roadway
widening here permitting parking, and additional signage demonstrating that it's a dead end and
directing people not to go down into the residential community.
MR. TRAVER-There was a resident that had some concerns.
MR. O'CONNOR-Right, and so the plan as we see it today has addressed all of those concerns,
has addressed all the conditions imposed by your Board when we had the approval, and again
as Laura mentioned, with the exception of one, and it's the absolute satisfaction of the
engineering review. I'd like to address kind of the nature of it and go over why we're in the
position that we're in. The site as it's configured today has no stormwater management
facilities at all, and that's just the way things were for a long time. It's graded generally from
Glendale to the south and it basically drains across the site onto the neighbor's parcel
Enterprise Rent-A-Car, and I do have a little bit of background information. My manager, Chris
Boyea, years back, had designed and approved a cut off swale around the back side of the
Enterprise Rent-A-Car to handle and divert that runoff.
MR. TRAVER-They did some modifications, too, a few years ago that included some
stormwater.
MR. O'CONNOR-And so it was a known issue there. So we're looking at dealing with the
regulations. So first and foremost the site's not eligible for coverage under the SPDES Permit.
Our total site disturbance is under an acre. So we're not subject to the preparation of a
SWPPP. When we do that we're left with working with the Town's regulation. Generally
speaking our charge is not to increase the runoff rate during the various design storms, and this
gets heavy technical stuff here, but for us to achieve that on this site, it basically means the site
has to match the existing drainage pattern. So first of all if we match the existing drainage
pattern, we're maintaining the discharge of all of that runoff to the neighbor's property, which
from an engineering standpoint isn't desirable either way. The only way for us to reduce that
runoff without changing the drainage pattern is to lose the water somehow and we can do that
with a number of different methods. We could do it with infiltration practices, and that was our
intention when we came to the Board back in July. I've done, as you know, plenty of work in
Queensbury and I have a pretty good understanding of the types of soils and the types of
infiltration rates we've got, and we kind of took it as an article of faith here that in Queensbury
we have good sandy soils and we have a good capacity for infiltration. Turns out we have a
very high groundwater table here, and because of that high groundwater table, we can't do an
infiltration practice per the State guidelines. They require a certain separation from the bottom
of your infiltration practice to the resistive layer of the ground, seasonal high groundwater in this
case. So infiltration went out the window for us once we completed our detailed analysis of the
soils. When you consider that we're left with, as Sean mentioned in the letter, potential
reduction in the pervious. We do actually manage a slight reduction in the impervious versus
the existing condition today. Noting also we have a variance for a reduction in the number of
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(Queensbury Planning Board 02/20/2013)
parking stalls we required. So we've already reduced the number of parking stalls we would
normally do for a, that the Code would require normally for this type of development. My client
doesn't feel it's necessary for this use and that was the basis for the waiver, the variance, which
as stated was granted, but that said, we're only really left with the ability to re-apportion the
drainage on the sites. We have to take more of it to the rear and discharge it to the neighbor's
property to meet that requirement. So what we've done instead, we've provided a detention
facility on the side, and that detention facility provides storage so that we can decrease the rate
of discharge during all but I think the 50 year, the volume of discharge during all but the 50 year
event. Another point that I really want to draw your attention to here. There's a subjective
issue of analysis here that we've gone back and forth with Sean at Chazen over, and basically
the way the Code is written it's required that you analyze the site from each discrete discharge
point. So we take this side of the site as a discharge point and we're taking the right of way as
a discharge point. But those discharge points both go ultimately to the Halfway creek not even
200 feet up the road. So our charge when we're analyzing for rate and volume of discharge is
the impact to the receiving waters, and the impact to the downstream condition. So I think it's a
very fair argument that if we take them as a single analysis point, the Halfway creek, which was
stated is within a couple of hundred feet of the project, we're decreasing both rate and volume in
all events. What it comes down to is that when we get into that granular detail where Sean's
asking us to analyze at this point and this point, we show an increase to the State right of way in
volume not rate, and that's simply because we have no way of losing that water. We can't lose
it to the ground because of the high groundwater, but when you take the whole site during all of
the rainfall events, we decrease the discharge to our neighboring site so dramatically that even
adding that in, the total volume and the total rate is still less than the existing condition. So
considering all of those things, considering that the site isn't eligible for a SWPPP design,
considering that DOT has accepted the design as it stands, because DOT's reg matches the
State reg. They only consider rate. They don't consider volume. So since DOT's willing to
accept it, it meets the requirements for the State. It meets the requirements for the Federal
government for discharge, for a reg we're not subject to in this case, it really comes down to this
fine detail in your Code, which is the reason we're asking for a waiver today and what we're
asking for is a nominal increase in discharge to the State right of way which has been accepted
by the State. I'd be more than happy to bore you further with further technical details if you
want.
MR. HUNSINGER-So when I looked at this I got real confused because I can't comprehend how
you can reduce the rate while at the same time increasing the volume.
MR. O'CONNOR-Well the volume isn't increasing. So basically the drainage pattern today, and
I guess it's probably better to show on the aerial here. Really from this corner of the curb back,
this all goes to the neighbor's property. Okay, all of it does. For us to effectively grade the
site, we need to send a portion of the front forward. You can't get it around the building, but
even if we could get it around the building, we're still outletting it on our neighbor's property.
MR. TRAVER-It would be even worse because that's into the residential area.
MR. O'CONNOR-Right. So that said, the volume only increases because there's such a small
portion that goes to the right of way today. It's just this little bit in the front.
MR. TRAVER-So it's the change in volume not the volume itself.
MR. O'CONNOR-Right.
MR. HUNSINGER-Right.
MR. O'CONNOR-Right. So because we have to shift that, because the drainage pattern
changes, so that this larger front parking lot goes to the right of way versus just this small bed,
that's really where the volume increases, and that said, we've gone through just design
permutation over and over again with Sean. I mean we've really banged our heads against the
wall with this. There's no real effective way to get the water to disappear. We're not sprinkling
the site. So you could store it and sprinkle it, but if you look at the Town reg, that still gets
spread on the site. So over the course of that sprinkling activity technically we're still
discharging the same volume. It doesn't actually, I mean we need groundwater infiltration.
That said, you know, given that limitation, there's really no practical way to achieve it, and even
speaking to Sean's point about decreasing the impervious cover, it may help, but it would take a
dramatic change, and really what it comes down to is we are matching and slightly improving
the impervious cover in the drainage area. So it went from 32.1 to 32.4% green. We would
then, I mean we'd have to, I believe almost a third of the store we would lose, and that's just not
an effective site and it doesn't operate.
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(Queensbury Planning Board 02/20/2018)
MR. TRAVER-Okay, and we did get the report this evening and he states, as we talked about
re-using the, as a possibility of reducing the impervious as you have said yourself, it says it is
noted this may result in parking, access way, or building size reductions that may make the site
not feasible for the proposed development.
MR. O'CONNOR-So as stated we already have a variance for the parking, down from the
required I believe 38 to 25. A reduction in building square footage in kind to get to that number.
So our project dies on the vine at that point.
MR. TRAVER-Well, again, getting back to the Chazen letter he states, because of these factors
and in this unique circumstance only (whereas the non-compliant discharge is going to
NYSDOT's systems who approved said discharge to the same) our office does not take
exception to the requested waiver. So they're basically saying it's not an ideal situation, but
they're not going to object on that basis.
MR. O'CONNOR-Well, and that said, this is the way codes work all over the State of New York
and wherever we have a zoning code. We try to write a code that encompasses the condition
all across your community, and let's be frank. You have low groundwater and good infiltrating
soils all over Queensbury. This is probably one of the few sites where this is a condition that
you're going to encounter, and it truly is unique in that regard. So, you know, a waiver for that
reason, it's not setting a precedent. It really is an oddball kind of site.
MR. TRAVER-Yes. Understood. Okay.
MR. MAGOWAN-But you're improving what is existing there now.
MR. O'CONNOR-Right, and that is, that's key, too, because there is in the Code some
subjectivity, and Sean is making, and I'm not arguing whether it's the right choice or not, but he
is making a call in how he's asking us to analyze it. He's asking us to analyze it here and at the
road. I think you could make a very strong engineering argument that the analysis point could
be the Halfway creek as the ultimate receiving body and we would then be assessing the impact
to that ultimate receiving body as one analysis point, and if you do do that we meet the Town
reg., as it stands.
MR. HUNSINGER-But in your table in your stormwater report, you do show a total discharge
volume going up for the 50 year storm, the combined, discharge runoff volume. It goes up.
MR. O'CONNOR-I'm sorry. I haven't looked at it in.
MR. HUNSINGER-This is why, in the narrative, in the table, the combined total discharge
volume does go up in the one year and ten year storm.
MR. O'CONNOR-Right, but it's percentage based, and that is the issue. Okay so the combined
discharge volume for the one and ten year storm.
MR. HUNSINGER-So I guess the question is, you're only identifying two points, two discharge
points. If you were to analyze the entire site, would that change?
MR. O'CONNOR-Well, the entire site is routed through those points. So, you know, we look at
the two downstream discharge points, one's to the road. One's to the neighbor. I mean we
could do a number of analysis points along the adjacent property, but. That said, I'm not sure,
I'd have to review the number again as it appears in the table. Technically if we're not
increasing the volume of impervious cover, or the area of impervious cover, the runoff volume
shouldn't change. Then it just becomes a characteristic of maybe it's because when I
generated the table I did it for a 36 hour rainfall event versus a 24. There's something technical
there that does that, but on general, on a general basis the runoff co-efficient for the soil doesn't
change and the runoff co-efficient of 99 to 98 for impervious cover doesn't change. So if the
green space number doesn't go down significantly. It shouldn't change the volume of
discharge. So I'm kind of perplexed myself on that one.
MR. HUNSINGER-Well that was part of the reason why I was so confused how the rate could
go down fairly dramatically 39, 43 percent, but then the actual volume went up.
MR. O'CONNOR-Well the rate goes down because we're detaining it. Right now it just sheets
off the end of the site and it goes off fast. Because we provide storage and a small opening,
we go from the whole side of the parking lot discharging on the neighbor's property to a two inch
orifice in the bottom of an outlet control structure. So it can only leave our pond at the speed
that that two inch orifice allows it to. So it's really easy to get rate low. Volume low is another
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(Queensbury Planning Board 02/20/2016)
issue. I mean we capture that whole volume and it has to leave the site. I think what's
throwing you there is the percentages. Since so much goes through the front, I'd have to review
the table again. I felt pretty good about it when I put it together. With that said, and 1, yes, I'm
going to hold off on it. I'd have to look at it a lot closer than I can right now, but that said, the
basics stay the same. We are not increasing the amount of impervious cover in the analysis
area, and we are basically just shifting our drainage, and here's what it really, I mean, we went
back and forth with this a number of times. We had smaller openings on our discharge pipe so
that we could detain the event longer, and allow it to overflow onto the neighbor's property, and
it worked, because our pond would flood out on the neighbor's property during some rainfall
events, which, you know, mimics the existing condition. As undesirable as that is, that's what
we have to do, I guess, per the Code. Sean had an issue with the size of the openings. We
basically had a number of drill holes in the side of our pond, had it designed so it's rapid fabric
that piled up with stone so that it wouldn't clog over time, so that we could get such a low
volume out to the right of way and still find a way to get it to leave the property. What it really
comes down to is there's no way for us to daylight. We can't do a conventional design because
there's no way for us to send, like if there was an existing culvert that went out to the wetland in
the rear, we could tie into that existing pipe. We could send a whole volume out there to the
wetland, but because we're high above the site and there's nowhere for a new culvert to
discharge, all we can do is run it off the site, and because of that, there's really nothing we can
do about it. I mean, you could, you know, as I said, you could sprinkle this minimal lawn.
MR. TRAVER-Well at least by putting in the pond you have, in effect, I suppose, some tertiary
treatment before.
MR. O'CONNOR-Well, and that's a good point, too, you know, it does, we can't call anything an
infiltration basin because of the seasonal high groundwater, but the fact remains it still is good
high perking sands and a good portion of the year the groundwater is not high there. We can't
take any credit for infiltration because of that seasonal high, but it doesn't mean it's not going to
infiltrate. We're not providing an impediment to that happening. So, you know, in reality when
this is built, constructed and operational, it's going to comply with all of those standards and
chances are it's not going to increase a higher volume, but again, we can't take credit for that.
MR. TRAVER-Okay. Other questions from members of the Planning Board?
MR. MAGOWAN-Yes, I have one. This Halfway creek, where do you find that name?
MR. O'CONNOR-It's on the USGS Quad map and what they call stream status. It's another
Federal program, and that's just what it lists it as.
MR. MAGOWAN-Well, we call it Halfway Brook.
MR. O'CONNOR-Halfway Brook? Okay.
MR. MAGOWAN-And the funny thing is is when they did the bridge down here on Ridge, they
put up Halfway creek.
MR. O'CONNOR-Yes.
MR. MAGOWAN-Us locals threw our arms up and the next thing you know they changed the
sign to Halfway Brook.
MR. O'CONNOR-So now when you go on the USGS Stream Stats GIS Viewer it gives a name
for the waterbody.
MR. MAGOWAN-So that's where they came up with the name and had the sign made originally
I'm sure. We'll have to get that changed.
MR. SHAFER-Josh, did we, the previous applicant, Harbor Freight, we had a lot of impact on
the look of that building. Have we seen an elevation of this building the last time out?
MR. O'CONNOR-Yes we did.
MR. SHAFER-Okay.
MR. O'CONNOR-1 did bring it back for reference.
MR. SHAFER-Good.
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(Queensbury Planning Board 02/20/2018)
MR. O'CONNOR-It's actually a fine looking building for this type of retail, and frankly it's one of
the nicer ones O'Reilly does.
MR. SHAFER-It wasn't in the recent packet and I just didn't remember. Thank you.
MR. O'CONNOR-Yes.
MR. TRAVER-Yes, it should be quite an improvement over what's there today. Okay.
Anything else from the Board before we go to public hearing? All right. We do have a public
hearing on this application. Is there anyone in the audience this evening that wanted to
address the Planning Board on this application? I'm not seeing any hands. Laura, are there
any written comments?
PUBLIC HEARING OPENED
MRS. MOORE-There's no written comments.
MR. TRAVER-Okay. Then we can close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-And we also have a SEQR Unlisted review on this application as well, and bear
in mind this is only for the modification. Correct, Laura?
MRS. MOORE-It is, but I would propose or request instead of a full SEQR that you're going to
do a re-affirm the previous SEAR, seeing it hasn't changed.
MR. TRAVER-The only change being this.
MRS. MOORE-This requested waiver for the stormwater.
MR. TRAVER-The discharge which has already been reviewed by the engineer. Okay. Very
good. Is everyone comfortable with that?
MS. WHITE-Yes.
MR. SHAFER-Yes.
MR. TRAVER-Okay. Then I guess we're ready for a SEAR.
MR. DEEB-We're going to re-affirm the previous SEAR.
MR. TRAVER-Re-affirm the previous, yes, finding, which was Negative.
MR. DEEB-Okay.
RESOLUTION RE-AFFIRMING PREVIOUS SEQR NEG DEC SP # 12-2018 MOD O'REILLY
AUTO
The applicant proposes modification to an approved site plan for a 7,453 sq. ft. single story
building for automotive parts. Modification is a waiver request for post-construction stormwater.
Pursuant to Chapter 179-3-040 & 179-6-080 of the Zoning Ordinance, modification to an
approved site plan 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
17
(Queensbury Planning Board 02/20/2018)
impacts on the environment, and, therefore, an environmental impact statement need not be
prepared. Accordingly, this negative declaration is issued.
MOTION TO RE-AFFIRM PREVIOUS NEGATIVE DECLARATION FOR SITE PLAN
MODIFICATION 12-2018 O'REILLY AUTO ENTERPRISE, LLC. Introduced by David Deeb
who moved for its adoption.
As per the resolution prepared by staff.
1. Part II of the Short EAF has been reviewed and completed by the Planning Board.
2. Part III of the Short EAF is not necessary because the Planning Board did not identify
potentially moderate to large impacts.
Motion seconded by Jamie White. Duly adopted this 20th day of February, 2018 by the following
vote:
AYES: Mr. Hunsinger, Mr. Magowan, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Traver
NOES: NONE
ABSENT: Mr. Valentine
MR. TRAVER-All right. So now we can move on to the Site Plan.
MR. DEEB-Before we do that, you said you wanted to review those figures.
MR. TRAVER-Well, he needs to get the, it'/s already in the conditions that he get the Town
Engineer to sign off on it.
MR. O'CONNOR-And Sean also requested another change to our model that's a minor clerical.
It is in the letter. We just had a discrepancy between a couple of elevations in the system.
Again, it is clerical in this case. It doesn't change the design.
MR. TRAVER-That's not unusual.
MR. O'CONNOR-We do need to re-submit to him regardless, and that said, I'm pretty sure the
table's right, but I'm not effectively communicating it. I would need to go through my numbers
again, but your question, I don't know how you can decrease rate and increase volume, well
technically you can't, well you can, the volume should not change total. It can't. We're not
getting more rain. The site doesn't change. The disturbance area doesn't change. So if the
table that I provided indicates that, the table's wrong, and I'll have to look at it again, but we're
not making the lot larger. So the volume discharge during rainfall event pre and post, can't be
different.
MR. TRAVER-And again, all of that is subject to engineer's signoff.
MR. O'CONNOR-Right. I'll review it again with Sean, but, yes, I am puzzled.
MR. HUNSINGER-Good. It wasn't just me then.
MRS. MOORE-There is one more item. In Chazen's letter they also asked for the DOT letter of
signoff that you received.
MR. O'CONNOR-We'll provide that. Sure. So they are doing a Perm 33 review, not a Com.
We have a conceptual approval from Guy Tedesco who's the reviewing engineer. Since we're
not doing the Com review, the big detailed review, it's a little more informal than that, but I do
have that e-mail. We can provide that.
MR. TRAVER-Okay. So we can note that as a condition.
MR. DEEB-I've got that.
MR. TRAVER-Good. Then I guess we're ready for that motion.
MR. DEEB-Okay.
RESOLUTION APPROVING SP # 12-2018 MOD. O'REILLY AUTO ENTERPRISE, LLC
18
(Queensbury Planning Board 02/20/2018)
The applicant has submitted an application to the Planning Board: Applicant proposes
modification to an approved site plan for a 7,453 sq. ft. single story building for automotive parts.
Modification is a waiver request for post-construction stormwater. Pursuant to Chapter 179-3-
040 & 179-6-080 of the Zoning Ordinance, modification to an approved site plan 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 02/20/2018 and
continued the public hearing to 02/20/2018, 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
02/20/2018;
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 MODIFICATION 12-2018 O'REILLY AUTO
ENTERPRISE, 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; Waiver requested is having design points with higher
volume than pre-site condition.
2. Adherence to the items outlined in the follow-up letter sent with this resolution.
a) The limits of clearing will constitute a no-cut buffer zone, orange construction
fencing shall be installed around these areas and field verified by Community
Development staff;
b) If applicable, the Sanitary Sewer connection plan must be submitted to the
Wastewater Department for its review, approval, permitting and inspection;
c) If curb cuts are being added or changed a driveway permit is required. A building
permit will not be issued until the approved driveway permit has been provided to the
Planning Office;
d) If application was referred to engineering then Engineering sign-off required prior to
signature of Zoning Administrator of the approved plans;
e) 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;-
f) If required, the applicant must submit a copy of the following to the Town:
a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC
SPDES General Permit from Construction Activity" prior to the start of any site
work.
b. The project NOT (Notice of Termination) upon completion of the project;
c. The applicant must maintain on their project site, for review by staff:
i. The approved final plans that have been stamped by the Town Zoning
Administrator. These plans must include the project SWPPP (Storm
Water Pollution Prevention Plan) when such a plan was prepared and
approved;
ii. The project NOI and proof of coverage under the current NYSDEC
SPDES General Permit, or an individual SPDES permit issued for the
project if required.
g) 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;
h) The applicant must meet with Staff after approval and prior to issuance of
Building Permit and/or the beginning of any site work;
i) Subsequent issuance of further permits, including building permits is dependent on
compliance with this and all other conditions of this resolution;
19
(Queensbury Planning Board 02/20/2018)
j) 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.
k) This resolution is to be placed in its entirety on the final plans.
1) DOT signoff letter to be submitted with the full site plan.
Motion seconded by Jamie White. Duly adopted this 20th day of February, 2018 by the following
vote:
MRS. MOORE-In reference to the waiver, do you want to include the specific waiver that the
applicant's requested for this design requirement?
MR. TRAVER-For post construction stormwater is the waiver.
MR. DEEB-All right. Waiver requested is having design points with higher volumes than pre-
site conditions.
MR. TRAVER-All right. We have an amended motion. Do we have a second on that?
MS. WHITE-I'll second the amended motion.
MR. TRAVER-Any questions on that motion? Maria, can we have the vote, please.
AYES: Mr. Magowan, Mr. Hunsinger, Mr. Shafer, Ms. White, Mr. Deeb, Mr. Traver
NOES: NONE
ABSENT: Mr. Valentine
MR. TRAVER-All right. You're all set.
MR. O'CONNOR-Thanks. Yes, Chris and Rob always tell me make sure you don't get into the
technical stuff.
MR. TRAVER-All right. The next item on our agenda is also under New Business, and this is
for Six Flags Great Escape, Site Plan 15-2018.
SITE PLAN NO. 15-2018 SEAR TYPE: UNLISTED. SIX FLAGS GREAT ESCAPE.
AGENT(S): FRANK PALUMBO, C.T. MALE ASSOCIATES. OWNER(S): SAME AS
APPLICANT. ZONING: RC LOCATION: 1172 STATE ROUTE 9. APPLICANT
PROPOSES A NEW RIDE "PANDEMONIUM" NEAR THE "SCREAMING EAGLE" AREA
AND "SKILLET" EATING AREA. THE NEW RIDE IS APPROXIMATELY 48 FT. WIDE AND
REACHES 22 FT. IN HEIGHT. THE PROJECT INCLUDES REGRADING OF THE RIDE
AREA (5,724 SQ. FT.) LANDSCAPING AND STORMWATER MANAGEMENT. TWO NEW
PATIO EATING AREAS FOR THE "SKILLET" ARE PART OF THE PROJECT— 680 SQ. FT.
AND 979 SQ. FT. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE,
NEW CONSTRUCTION SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. CROSS REFERENCE: SP 66-2014 SUPER NOVA RIDE, SP PZ-23-2015
GREEZED LIGHTNIN RIDE, SP 5-2017 BONZAI PIPELINE RIDE; SEVERAL MORE.
WARREN CO. REFERRAL: FEBRUARY 2018. LOT SIZE: 237.64 ACRES. TAX MAP
NO. 288.20-1-20. SECTION: 179-3-040.
CHARLES DUMAS & FRANK PALUMBO, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-The applicant proposes a new ride called the "Pandemonium". It's near the
Screaming Eagle and the Skillet eating area. The ride is approximately 48 feet wide and
reaches 22 feet in height. The project also includes additional work areas. Surrounding the
two areas where the Skillet is they're proposing new eating areas and then across from the
bridge entryway into the Park and into this area is proposed a new island re-configuration.
MR. TRAVER-All right. Thank you. Good evening.
MR. DUMAS-Good evening. For the record I'm Charles Dumas with Lemery Greisler and I
have with me Frank Palumbo from C.T. Male who's the civil engineer. I think you have a visual
image of the ride that's being proposed.
20
(Queensbury Planning Board 02/20/2015)
MR. TRAVER-We do.
MR. DUMAS-Yes. This is being proposed to be located just sort of southeast of the Screaming
Eagle. This is the Skillet area here where food is served, and the idea here is to replace a very
similar ride. The Pandemonium is a trivant style ride and that's spinning on one plane and then
it takes a decrease in change of plane. It'll accommodate roughly, I think, 24 riders at a time.
MR. TRAVER-1 think I've seen, if not the same, a similar.
MR. DUMAS-Yes. It's to replace what was there back in 2012 I think it was removed, and it's
really the same style ride and the purpose here of course is to freshen the location. It's not
anticipated to be a substantial attraction for additional people, but the course of disturbance
would include this Work Area A right here and then Work Area B which would be a freshening of
the seating area for the Skillet which is located here to service this facility, and then Work Area
C which is the upper seating area, then also there's another area of disturbance which is
proposed over here to create a landscaping effect.
MR. TRAVER-Okay.
MR. DUMAS-The civil engineering Frank will talk about in a minute, but by in large in terms of
stormwater the idea here is that there would be a decrease in impermeable surface. There
would be introduction of some permeable pavers in this area and this area. So there would be
a decrease in potential stormwater consequence. The GEIS which was done in 2001 was
designed to a 50 year storm level and also 100 year storm level, and at that point in time a
series of measures of detentions and drywells and so forth were put in place which substantially
improve the runoff, and it's our sense and our feeling, and I think the history of this Board's
approval of various rides, that there's a reduction in the impermeable surface. That it's not
really necessary to go through a full stormwater drainage study. So that's one of the benefits of
what it is we're doing, the introduction of these permeable pavers in this area. The ride is going
to be located, it is proposed to be located within the 200 foot area which is the area, the Park is
divided into four different areas in terms of height. The height, fully extended, of this ride would
be 22 feet. So it wouldn't even come close to the threshold limit that's subscribed to this
particular area by the GEIS. In terms of traffic impact, there's a bi-annual monitor that is done
and it was submitted to the Board. We talked a little bit about it, of course in relation to the
Johnny Rocket's project. We're well within the thresholds that would cause a trigger for the
next bit of remediation. We're well beneath those thresholds.
MR. TRAVER-Okay, and I think the same is with, concern with noise. Right?
MR. DUMAS-Yes. There's an annual monitor that's done and we've just concluded that in
August, and it's substantially in compliance with the threshold established by the GEIS. A
couple of curious facts about that. The monitor shows that when the Park is closed the L 90
levels are equal to or greater than when the Park is open. So that's just an interesting fact.
MS. WHITE-So there will be no special noise, new noise with this ride?
MR. DUMAS-No, and you know, there's a couple of interesting facts. First off the ride itself is
electric motor, which tends to be quiet by its very nature. The second thing is that there's a pit
right here that all of the mechanicals will go in. So any noise that would be generated or
potentially generated by that are located in this mechanical pit in the center of the ride. So in
many ways, I hate to use the expression, it's kind of self-mitigating. The other factor is in these
newer rides, these updated rides, there's fewer metal parts, and a lot of the moving parts tend to
be rubber or nylon as opposed to steel on steel. So the ride in and of itself, it's modern and it's
quiet. The other factor, of course, too, is that it's located substantially forward toward Route 9
as opposed to being buried further back in the Park. So those are the comments I have about
noise. There was a comment letter that was supplied by Chazen Engineering and there were
some points on there of a relatively minor nature, but just to sort of backtrack to the earlier point
that I made about stormwater. The one comment Number Two in the Chazen letter talked
about a 50 year stormwater development model, and I submit that that really isn't necessary in
view of the criteria that was established by the GEIS and the procedures that were invoked and
put in place at that time. I'm going to let Frank talk about the rest of the items there. I would
point out on Item Five that there is a protocol established in the GEIS for the installation and
maintenance of permeable surface. So that is something that's already contemplated and it's
already part of the effective protocols in place that the Park has. They're already obligated to
maintain their surfaces and they do have a program for doing that. So, Frank, did you want to
talk about certain things I've missed?
21
(Queensbury Planning Board 02/20/2013)
MR. PALUMBO-Sure. So as was just discussed, the sort of minor issues are the ones three
through six that we have in the letter from Chazen, and the other thing is we wanted to just sort
of hit those so you know that we have the full capability to address those. So Number Three
where they were asking about the pipe that we show going from the pit area that ultimately
connects to an existing catch basin. So as Charles indicated, there is the center of the pit, four
feet down, mechanical equipment and the M bed plates for the ride structure itself are in that
area, and there is a pipe which comes down to an oil water separator here, and then crosses to
an existing catch basin here. Chazen's question was about the tributary area and the sizing of
that pipe. What we have is that area is about 173 square feet. Anything above that, the
decking, concrete decking, slows, so nothing else is going into that pit area. So it's only the
rainfall that we get directly in there. So a very, very small amount. We honestly believe that a
two inch pipe might cover it, but we would never use a two inch pipe. So the six inch pipe that's
going there for the purposes of anything that might get caught in a smaller opening, but that's
going to the oil water separator which again Six Flags management there realized that they
don't want to take any chances. These are moving parts and mechanical parts. So the oil
water separator is not by a health department standard or anything like that that you might have
at a restaurant or the likes. This was their own good practice to place that there. So it's a
standard Fort Miller Oil/Water separator. Very capable of handling the flow from this small
area, and we'll provide Sean with the details of that if he didn't understand exactly what we're
doing there, but I don't know if they thought maybe more of this decking was going into that
area, but it's very, very concentrated to just the central pit area. The other Question Number
Four was the raingarden. The raingardens, we have one here on this side of the path and one
here on the other side of the path. Just to give you a past history, you may know that this was,
this is all asphalt right now, that whole entire run there. By changing that to just the pathway up
to the ride here and exit for Screaming Eagles here, all of that is being transferred to green
space. The raingardens were not traditionally, they weren't being designed as stormwater
features. They happened to be good planting medias and the Park has adapted them wherever
they can because, A, it means some less watering of landscaped areas. So it was really a
landscape feature, not really subject to detail that is called for and pointed out in the Code for
that 12 inches versus the 9 inches. I think that we will explain that to Sean, but we didn't really
want to get bogged down in the details of that, and then the, as Charles had already pointed
out, the paver areas. So this area here where Bob's Fishing Hole is now is 100% concrete in
that area underneath where the Fishing Hole is. We are using the permeable pavers there.
These are just indicators of the seating tables in that area. Again, here's the Skillet. So an
eating area here. Here's the Skillet, an eating area here. This is the area where the Funbrella
is. So there's shade up in that area, but additional seating near the restaurants is handy, and
the mannering to do that because you can use the pavement surface there to sort of
differentiate that that's a sitting and eating area. It also works very well for us to make that
permeable. We'll put on our plans the notes regarding the porous pavers, you know,
permeable pavers there, so that, you know, any maintenance plan, which has already been
referenced, is identified that that's what's happening there. And then the last comment, erosion
and sediment control. We already got this on Friday, drafted one now that we'll send to Sean.
It's very, very simple in terms of where the placement of erosion and sediment control measures
are, but again, not as much towards the technical side because as we've pointed out, if we
decrease the impervious surface based on the GEIS that we should not really be moving into
those area. We will show something because we do think it's good detailing to address and we
don't take any exception with the fact that it was asked. So we'll address it, but I don't think it
has to, you know, go into the nature of, well this must be achieved in a manner just like the
applicant was talking about. They don't want to get into a philosophical difference with Sean on
this, and I think that the fact that the overall Park stormwater management was handled at that
time and has been continually looked at from that vantage point, we think we've got everything
covered here.
MR. TRAVER-Okay. There were a couple of questions in reference to Staff Notes. One was
the ride lighting. There are lights on the ride itself, but is there additional lighting besides what
is on the ride that you plan on installing?
MR. PALUMBO-No. There may be some re-location of a couple of lights as we said. This is in
an area where it already had lighting, and just because of the new parts, some may need to be
re-located, but there's not additional lighting in this area.
MR. TRAVER-So the re-locating of existing?
MR. PALUMBO-Yes.
MR. TRAVER-Okay. And then the other had to do with the operator booth. There's an
operator booth and ride access fencing and gates.
22
(Queensbury Planning Board 02/20/2018)
MR. PALUMBO-That's where I'll call your attention to the third page that I just gave you.
MR. TRAVER-That you just handed out.
MR. PALUMBO-And I really have to thanks the folks from Six Flags who worked diligently in
getting the comment. This is our actual plan. They incorporated that into their visual
simulation, and if I can sort of go to the, this image here on this upper corner, I'll go from here
first. That is right here at the operator booth. So you're looking at this here, in this direction,
from the corner of the Skillet right towards the operator's booth there. Then we have, and you
can see what looks like the blue and the yellow fencing in that same image. That's the fencing
here that extends down to separate the whole ride area and the queuing line, and then the
yellow fencing that you can make out through there is a little bit here and then some, then in the
back going around the ride, obviously for the ride safety and the safety of the passengers and
the people in the queuing line is a high priority. So if you go to the one to the right of that,
upper, the right upper, that's looking in a direction sort of from here, actually from right about
here, you know, looking into the ride here. So what you can tell is happening there is that from
the entry of the operating booth is in the upper part of that picture, we slope down and keep
continuing down here, that fencing is only going to be four feet high. That's enough to keep
people separated from the ride but the fencing around, if you look at the bottom image here, you
can see what they show in yellow here all the way around. That fencing you want to have at
least six foot. Now let me explain that. The ride itself, there's a wall around here. Up here
we're level, and this is indicated on our grading plan. We're up at the upper level here where
people are entering and exiting the ride. That's all at the same level as this pavement right
outside of it. As you get around to here, the wall starts to get about one foot high and
everything is sloping down in this direction naturally or existing, but at this point that wall is two
foot high. So that fencing on top of the two foot high can be four feet high, so 48 inches high.
So around the clock here, about there to there, that's going to be 48 inches high because you
have six foot of safety there for somebody who would be trying to, if they were trying to get into
the ride from the outside. We also have, for aesthetic purposes on the landscaping plan in our
set, landscaping around this side of the wall. So you're not just looking at the wall. So we think
we have an attractive view point, and that was something that was very important to Six Flags
that when you come across the bridge here you're going to be looking up in this direction.
There's a new ride. There's a sign image on one of the other pages there, will be placed right
here so that people when they come across they know there's a new ride, the Pandemonium
sign is there and there was also a question about signage. We have a policy that you have to
have the ride indicating, you know, basically the safe procedures that the people should be
using when they're going to the rides. So it's two very small signs. One sign is for the ride
attraction and one that's really a safety measure there. So that's from this direction. So as
you look up here towards this, you'll have landscaping in this area. You'll have landscaping in
that raingarden again, you know, so it can really do some nice things in that foreground, but
above you're going to see the ride and you'll see only the four foot high fence, and then on the
backside here, where it needs to be, like right around here, you know, to the exit ramp here and
to the operator booth and then around here where people would be standing in this line, it will
be six foot high there so that nobody can reach across and try to reach in to their friend who's
on the ride. So all of that has been thought out really with Six Flags giving us a lot of direction
on the rides, helping out with that as well. So what you see in this image is really what the
aerials will look like, and I think it addressed the questions that the Staff had had.
MR. TRAVER-Okay. Other questions, comments from members of the Planning Board before
we go to public hearing?
MR. DEEB-That's the actual color? That's going to be the color?
MR. PALUMBO-It is bright.
MR. DEEB-It's quite colorful.
MR. DUMAS-It increases the enjoyment level.
MR. DEEB-Yes, it does. Visual.
MR. PALUMBO-Brings you right to it.
MR. TRAVER-There is a public hearing on this project. Is there anyone in the audience that
wanted to address the Planning Board on this? Yes, sir. If you would give up the table for
public comment for a minute.
PUBLIC HEARING OPENED
23
(Queensbury Planning Board 02/20/2018)
PAUL DERBY
MR. DERBY-Good evening. Paul Derby, 86 Ash Drive. I just have a couple of questions. If
there are going to be any additional speakers that go along with this ride that they pipe music,
wherever they're going to be, microphones with announcements, and if there are speakers
which way they're going to point. So that's an added noise issue, and then I just had a
question also because it does look like a very bright ride. So I'm just curious if they could talk a
little more about the intensity of those lights. I think there's something about strobing in the site
plan that they talk about how far away you can see those lights. That's it. Thank you.
MR. TRAVER-Okay. Thank you. Laura, are there any written comments?
MRS. MOORE-There's no written comments.
MR. TRAVER-Okay. Then we'll close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-And if you want to address those comments.
MR. PALUMBO-So there will be speakers associated with the ride. They will be pointed in
toward the ride which actually would be more in the direction towards Route 9.
MR. TRAVER-So away from the back of the Park, toward the front of the Park.
MR. PALUMBO-Yes.
MR. TRAVER-Okay.
MR. SHAFER-What will the speakers have, music?
MR. PALUMBO-There'll be music for the ride.
MR. SHAFER-Okay.
MR. DUMAS-Yes. I would just add, relative to speaker placement and direction, that was
provided by the GEIS. When new music was contemplated for rides and so forth it was to be
directed away from the Glen Lake area, which I believe is Mr. Derby's concern.
MR. TRAVER-Right.
MR. DUMAS-Also, too, relative to lighting and visual, the GEIS provides that if it's less than 20
feet from the threshold, the 200 foot, it's not really deemed to be something reviewable at site
plan. If it comes within the 20 feet of the threshold.
MR. TRAVER-Which would be 180 feet.
MR. DUMAS-Which would be 180 feet. This is 22 feet. It's low to the ground, and, yes, there
will be lighting associated with it because that's, you know, part of an amusement park ride, but.
MR. TRAVER-And to the comment about strobe lights, is that how you would describe the
flashing? I know there's mention of flashing or something. I don't know about strobe, but is
that how you would describe the lighting as well, that there are strobe features?
MR. DUMAS-1 haven't been on the ride, but I suspect that the lights would flash, and maybe
flash in combination with some of the music.
MR. TRAVER-Okay.
MR. DUMAS-Because it's designed to give both a physical and a stimulation for the senses.
MR. TRAVER-Are there other rides in the Park that have similar type lights, flashing lights?
MR. DUMAS-Yes, I believe so, yes.
MR. PALUMBO-And also because of the centralized location of this, there is a lot around
buildings, like this ride, when it's tipped up, really won't be that much higher than the Skillet
24
(Queensbury Planning Board 02/20/2018)
building right next to it. You do still have trees in the area where, between us and the
Screaming Eagles ride. A lot of the natural trees are there. So still a good amount of wooded
area. The other side here, they are lower buildings but you still have mass there and you have
a lot of trees that are along various parts of the Park that are shade, but they also provide light
blockage. So really this centralized location where there has always been a ride and most of
those rides, I won't say that they've all looked like this in the past, but they were very, you know,
very close. In the environmental sense, a sensory type of ride, they will have that, but we, by
no means would that have an impact on neighboring properties.
MR. TRAVER-Okay. All right. Thank you. Any other follow up questions from members of
the Planning Board before we consider the SEAR?
MR. SHAFER-One other question. Do the other rides within the Park have their own individual
sign, and if so are they about the same height, 15 feet?
MR. DUMAS-Well, I believe it's a legal requirement. Each of the rides have to have some
signage in terms of advising the public as to who is eligible to go on the ride and on what
conditions, and then of course there's also the sign identifying the ride, and again, I believe
that's all sort of contemplated within the context of the GEIS in terms of identifying and also the
compliance with the legal requirements.
MR. SHAFER-The 13 foot height is fairly typical?
MR. PALUMBO-1 think yes when you think of it in the context of the Park. If that 13 foot high
sign was say out on Route 9, it's a different feel. Inside the Park here where you have a lot of
other features there, that 13 foot high sign is not going to be as much of an impact. Is it similar,
some other rides may have the sign up on the ride. There's all different ways that that occurs
based on the ride. So I think it's very much in the context of its location and so I think, you
know, just saying 32 feet high may be a little more, I think in the place where we're going to
have it it's going to be very, it's going to be identifiable for people to know where they're going,
but it's not going to be something that's going to be obtrusive.
MR. TRAVER-Okay. Anything else? Okay. Well, then we are ready to look at our.
MS. WHITE-Was the public hearing closed?
MS. GAGLIARDI-Yes.
MR. TRAVER-1 think so. If not I'll close the public hearing.
MR. PALUMBO-Yes, I think it was.
MR. TRAVER-Good question, though. We do have a SEQR resolution which is basically
because we have a GEIS in effect and it's been determined that this application does not
exceed those thresholds, we don't need to repeat that review, and there is a resolution to that
effect. I guess we're ready for that.
RESOLUTION RE-AFFIRMING PREVIOUS SEQR NEG. DEC. SP # 15-2018 SIX FLAGS
The applicant proposes a new ride "Pandemonium" near the "Screaming Eagle" area and
"Skillet" eating area. The new ride is approximately 48 ft. wide and reaches 22 ft. in height. The
project includes regrading of the ride area (5,724 sq. ft.), landscaping and stormwater
management. Two new patio eating areas for the "Skillet" are part of the project — 680 sq. ft.
and 979 sq. ft. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, new construction shall
be subject to Planning Board review and approval.
Whereas, The Planning Board has determined there's no need for site specific or separate
specific SEQRA review because the proposal falls within the thresholds previously approved as
part of the Generic Environmental Impact Statement.
The Planning Board has determined the proposed Site Plan does not result in any new or
significantly different environmental impacts from the previous Final General Environmental
Impact Statement of 7/11/2001 and the Supplemental Draft Environmental Impact Statement of
4/10/2004.
MOTION THAT NO FURTHER SEAR REVIEW IS NECESSARY FOR SITE PLAN 15-2018
SIX FLAGS GREAT ESCAPE, Introduced by David Deeb who moved for its adoption,
seconded by Chris Hunsinger.
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(Queensbury Planning Board 02/20/2018)
As per the resolution prepared by staff.
Duly adopted this 20th day of February, 2018 by the following vote:
AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Deeb, Mr. Traver
NOES: NONE
ABSENT: Mr. Valentine
MR. TRAVER-All right. Then we can move on to the Site Plan resolution.
RESOLUTION APPROVING SP # 15-2018 SIX FLAGS GREAT ESCAPE
The applicant has submitted an application to the Planning Board for Site Plan approval
pursuant to Article 9 of the Town zoning Ordinance for: Applicant proposes a new ride
"Pandemonium" near the "Screaming Eagle" area and "Skillet" eating area. The new ride is
approximately 48 ft. wide and reaches 22 ft. in height. The project includes regrading of the ride
area (5,724 sq. ft.), landscaping and stormwater management. Two new patio eating areas for
the "Skillet" are part of the project—680 sq. ft. and 979 sq. ft. 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 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 02/20/2018 and
continued the public hearing to 02/20/2018, 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
02/20/2018;
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 15-2018 SIX FLAGS GREAT ESCAPE, 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) The limits of clearing will constitute a no-cut buffer zone, orange construction
fencing shall be installed around these areas and field verified by Community
Development staff;
b) If applicable, the Sanitary Sewer connection plan must be submitted to the
Wastewater Department for its review, approval, permitting and inspection;
c) If curb cuts are being added or changed a driveway permit is required. A building
permit will not be issued until the approved driveway permit has been provided to the
Planning Office;
d) If application was referred to engineering then Engineering sign-off required prior to
signature of Zoning Administrator of the approved plans;
e) If required, the applicant must submit a copy of the following to the Town:
a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC
SPDES General Permit from Construction Activity" prior to the start of any
site work.
b. The project NOT (Notice of Termination) upon completion of the project;
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(Queensbury Planning Board 02/20/2018)
c. The applicant must maintain on their project site, for review by staff:
i. The approved final plans that have been stamped by the Town Zoning
Administrator. These plans must include the project SWPPP (Storm
Water Pollution Prevention Plan) when such a plan was prepared and
approved;
ii. The project NOI and proof of coverage under the current NYSDEC
SPDES General Permit, or an individual SPDES permit issued for the
project if required.
f) Final approved plans, in compliance with the Site Plan, must be submitted to the
Community Development Department before any further review by the Zoning
Administrator or Building and Codes personnel;
g) The applicant must meet with Staff after approval and prior to issuance of
Building Permit and/or the beginning of any site work;
h) Subsequent issuance of further permits, including building permits is dependent on
compliance with this and all other conditions of this resolution;
i) As-built plans to certify that the site plan is developed according to the approved
plans to be provided prior to issuance of the certificate of occupancy.
Motion seconded by Brad Magowan. Duly adopted this 20th day of February, 2018 by the
following vote:
MR. PALUMBO-Can I ask a question, the conditions a. through i?
MR. DEEB-I can read them, but they're all the conditions that are.
MR. PALUMBO-Were they in the Staff Notes?
MR. TRAVER-They're in the draft approval resolution.
MR. PALUMBO-Okay.
AYES: Mr. Hunsinger, Mr. Magowan, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Traver
NOES: NONE
ABSENT: Mr. Valentine
MR. TRAVER-All right. You're all set.
MR. DUMAS-Thank you.
MR. PALUMBO-Thank you very much.
MR. TRAVER-All right. The next item we have under New Business on our agenda is Site Plan
13-2018, Parker Hammond Development, LLC.
SITE PLAN NO. 13-2018 SEAR TYPE: UNLISTED. PARKER HAMMOND DEV., LLC.
AGENT(S) HUTCHINS ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING:
CLI. LOCATION: SILVER CIRCLE. APPLICANT PROPOSES CLEARING 6.4 ACRE
VACANT PARCEL FOR MARKETING. PROJECT PLAN SHOWS AREA OF CLEARING,
BUFFER AREAS AND STOCKPILE OF MATERIALS. PURSUANT TO CHAPTER 179-6-010
OF THE ZONING ORDINANCE, CLEARING OF VEGETATION SHALL BE SUBJECT TO
PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SUB 20-199
(THREW). WARREN CO. REFERRAL: N/A. LOT SIZE: 7.86 ACRES. TAX MAP NO.
309.17-1-18.4. SECTION: 179-6-010.
LUCAS DOBIE, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So the applicant proposes clearing a 6.4 acre vacant parcel for marketing. The
site is approximately 7.86 acres, and the applicant has identified areas that will be used for
stockpiling and temporary drainage basin and an area of the property that will retained as a 30
foot buffer and match properties along the Carey Industrial Park.
MR. TRAVER-All right. Thank you. Good evening.
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(Queensbury Planning Board 02/20/2018)
MR. DOBIE-Good evening. Thank you, Mr. Chairman and Planning Board. For the record
Lucas Dobie with Hutchins Engineering. I'm actually the B Team on this one where I didn't do
the Site Plan. So I'm just a touch out of the loop but trying to get up to speed because the boss
is in Switzerland. It's a pretty straightforward project, a little boring compared to what we've
had tonight with the other nice commercial projects. Our firm did, as you may recall, the Kamco
building and also the Parker Hammond building on the smaller parcel in the middle of 2010,
2012. Parker Hammond's been, a gentleman bought the vacant parcel to their west, of the
future industrial development which I'm glad to see we're starting to see pretty well in this
neighborhood, and it's my understanding we'll have the pressure sewer system in some time
this year and as you may recall we did the parcel to the south for the selective clearing probably
two or three years ago and we also did behind the Taco Bell parcel for Mr. Parillo some years
ago. So that's what they're hoping for here is to do the same kind of deal, and hopefully we'll
have a nice good sized industrial project and we can get going this summer. And as Laura
said, we're proposing a 30 foot buffer along, a no cut buffer at this point along the north on the
west, which are the other neighbors, and then it's pretty straightforward. It's mostly what I call
the scrub pine, generally six to ten inch pine and a little bit of oak in there, and they'll log what
they can salvage, probably mostly chips for the mulch businesses and other than that it's pretty
straightforward and I'd be happy to answer any questions that the Board may have. Thank you.
MR. TRAVER-Okay. Questions from members of the Planning Board?
MR. MAGOWAN-The only one I have is, I mean you look on Page Two here, I mean you're
basically clear cutting it for the buffer and then piling up the material.
MR. DOBIE-Yes, material storage will be the topsoil from the grubbing area. I believe the
stumps and slash and everything get shaken out, chipped and hauled away for the mulch. So,
yes.
MR. MAGOWAN-1 just hate to see all that go just for marketing. What do you think about
clearing up the lot, kind of doing what you did, you know, down at the end of the road there,
leaving some nice mature trees and that and getting rid of some of the scrubs so they can
actually see the lay of the land and that way, I just hate to see clear cut, taking all of that
beautiful forestry out of there and, you know.
MR. DOBIE-Yes, I could certainly, from my perspective it makes sense to leave something like
maybe over 15 or 18 inch mature and then grub the rest of it down. I think that's what we did
on the Taco Bell parcel. They did 15 inch.
MR. HUNSINGER-Yes, that's the one I was thinking of. I think you guys did a really good job
with that in leaving the valuable trees.
MR. DEEB-And I agree with Brad, too. Some of those trees could be marketable if you sell that
property. Let's not waste them.
MR. DOBIE-Sure. I'm in concurrence with that. I can speak for the applicants in saving those
mature trees there. If we want to put a dbh diameter on them, I'm comfortable with 18 inch if
that works for the Board or something like that.
MR. MAGOWAN-Well, not knowing the size of the trees in there, and I wasn't going to go
trekking back there and measure them, how about four inch?
MR. DOBIE-You can't set foot on the property there.
MR. MAGOWAN-1 mean, I don't know what size, and you don't, you know what I'm saying? I
mean 18 inch, that's a pretty good size tree.
MR. DEEB-I'm comfortable with that.
MR. TRAVER-Yes, and you mentioned some hardwoods in there, too.
MR. DEEB-Especially the oak. I hate to see those going.
MR. DOBIE-Like the whole thing, I went in two, three hundred feet today and most of the pine I
saw was eight to ten inch probably. It's all stacked on top.
MR. DEEB-Scrub pine.
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(Queensbury Planning Board 02/20/2018)
MR. TRAVER-So what if you just tried to set aside, you know, spare the life of the hardwood
trees that are in there?
MR. DOBIE-The hardwoods, say over four inch hardwood, something like that. There is a little
bit of small oak, a little clump along, right along Silver Circle that would be tough to, when
they're mobilizing.
MR. MAGOWAN-1 mean basically you want to just get it so there's a visual, people can drive up
and kind of look in between the trees. You know what I'm saying?
MR. DOBIE-Sure.
MR. TRAVER-It actually might be more attractive if you had some hardwoods in there anyway.
MR. SHAFER-Does the owner have any potential buyers for the property?
MR. DOBIE-Not that I know of.
MR. SHAFER-Because one of my thoughts was you could clear a much lesser area, including a
driveway, in addition to what the rest of the Board's suggesting, and not the whole property.
MS. WHITE-1 mean that's a big area, and when you hear clear cut, that's harsh, six acres.
MR. HUNSINGER-And then the flipside of that is, I mean it is an industrial park. I mean look at
the lots that have been developed.
MR. TRAVER-Yes.
MR. HUNSINGER-And you may end up taking it all out anyway, but why take it out in the
beginning if you don't know.
MS. WHITE-Yes, on spec, you know.
MR. HUNSINGER-Exactly.
MR. DEEB-You can always clear more later.
MS. WHITE-Yes. So I don't think what we're asking is unreasonable.
MR. DOBIE-No. I agree entirely.
MR. HUNSINGER-So we just need to come up with a criteria.
MR. DOBIE-We'll proceed with that, and if that doesn't fly then we'll come back for a
modification if they're uncomfortable with our discussions.
MR. TRAVER-So if it stands, you're talking about clear cutting and seven acres out of basically
about eight acres. So we've already talked in terms of sparing the hardwoods of larger than,
what did you say, six inches?
MR. DOBIE-1 think six is a fair number, Mr. Chairman.
MR. TRAVER-Six inches? Okay, and then does the Board feel that we want to ask the
applicant to consider reducing the number of acres that are being cleared?
MS. WHITE-Well they also said anything over 18 inches as well, even if it's pines.
MR. DOBIE-Pines, some softer woods.
MS. WHITE-Yes, so keep some of those bigger ones.
MR. TRAVER-Okay. So hardwoods over 6 and anything over 18. So what about the
discussion regarding the amount of clearing that's being done at this phase?
MR. SHAFER-If they happen to get an owner that's going to put something in there that's going
to require clearing a whole lot, then those trees would stay, in other words you only clear cut
what you have to for the business at hand.
29
(Queensbury Planning Board 02/20/2013)
MR. TRAVER-Right, but I'm talking about in terms of the application before us tonight. They
want it cleared so they can show it. So we're already leaving quite a number of trees behind.
So we're no longer talking about clearing it completely. So do we want to reduce the area of
impact from seven acres to something less than that?
MR. MAGOWAN-Yes.
MR. TRAVER-Well, what's the number?
MR. HUNSINGER-Yes, what's the number?
MR. MAGOWAN-One, starting our negotiations here.
MR. HUNSINGER-Or would it be to increase the depth of the buffer, you know, instead of 30
feet maybe, I don't know, bigger.
MR. TRAVER-That would be a good way of doing it. Yes, because I could understand that the
applicant would want to have potential purchasers see visually the size of the lot, and if it's only
partially cleared, they're not going to get.
MR. MAGOWAN-They want a 30 foot buffer.
MS. WHITE-So increase that to 50?
MR. TRAVER-How about if we did that?
MR. HUNSINGER-I was thinking more.
MS. WHITE-More?
MR. MAGOWAN-Yes, I would say more like 60 feet.
MR. TRAVER-Sixty feet?
MR. HUNSINGER-I don't know what a good number would be.
MS. WHITE-What were you thinking?
MR. MAGOWAN-Just double the size of it. They want 30. We say 60 and then leave some
trees in the center.
MR. TRAVER-Okay. Well we're already talking about leaving quite a number of trees. So I
guess I would ask the applicant's rep.
MS. WHITE-1 was happy with keeping the trees.
MR. TRAVER-Yes. That's a big improvement over clear cutting it. So how do you feel about
increasing, at least for now, the buffer?
MR. DOBIE-I think that's fine. Visibly when you're walking the property, 60 you're starting to
see the borders of your property.
MR. TRAVER-And when it's sold you'll be coming in any way for something, presumably some
kind of development and we can re-evaluate everything at that time.
MR. HUNSINGER-Yes, we're not saying keep the 60 foot buffer forever. We're just saying for
now, for the purposes of marketing.
MR. TRAVER-Okay.
MR. HUNSINGER-Okay.
MR. TRAVER-All right. Anything else?
MR. MAGOWAN-Well 60 feet's about the width of this room. Right?
MR. TRAVER-Close. Maybe a little less. Any other questions for the applicant?
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(Queensbury Planning Board 02/20/2018)
MR. MAGOWAN-The width of this room is 60 feet, give or take a few inches.
MR. TRAVER-Okay.
MR. HUNSINGER-Okay.
MR. TRAVER-We do have a public hearing on this application. There aren't any folks left in the
audience, but I didn't know if we have any written comments, Laura?
PUBLIC HEARING OPENED
MRS. MOORE-There's no written comments.
MR. TRAVER-All right. Then we'll close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-And we can move on to the SEQR process. There is a draft SEQR resolution in
our materials. They are talking about cutting. We've done some modification to that. Do
members of the Board feel that there's environmental impacts that require us to do anything
other than a Negative Declaration?
MS. WHITE-No.
MR. TRAVER-1 guess we're ready for that motion, then.
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP # 13-2018 PARKER HAMMOND
The applicant proposes clearing 6.4 acre vacant parcel for marketing. Project plan shows areas
of clearing, buffer areas and stockpile of materials. Pursuant to Chapter 179-6-010 of the
Zoning Ordinance, clearing of vegetation 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 13-2018 PARKER
HAMMOND DEV., LLC, Introduced by David Deeb who moved for its adoption.
As per the resolution prepared by staff.
1. Part II of the Short EAF has been reviewed and completed by the Planning Board.
2. Part III of the Short EAF is not necessary because the Planning Board did not identify
potentially moderate to large impacts.
Motion seconded by Brad Magowan. Duly adopted this 20th day of February, 2018 by the
following vote:
AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Deeb, Mr. Traver
NOES: NONE
ABSENT: Mr. Valentine
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(Queensbury Planning Board 02/20/2018)
MR. TRAVER-All right. Now we can move on to the Site Plan resolution. We've added, I
think, two conditions to what's there already regarding the cutting of trees and the buffering.
Does anyone feel that we need any additional conditions? I think we discussed that pretty
thoroughly.
MRS. MOORE-May I just get clarification? The buffer that's currently proposed is only on the
north and the west side. That's the only portion that's going to be increased. I just want to
clarify that.
MR. TRAVER-Well, but on the east side is the existing.
MR. HUNSINGER-That was my intent in the suggestion.
MRS. MOORE-Okay. I don't want it to be it comes back and it was supposed to be for the
entire site.
MR. TRAVER-Right. No, we're just increasing the buffer that's proposed.
MR. DEEB-On the north and the east?
MR. HUNSINGER-North and west.
MR. TRAVER-North and west. We could really say increase the proposed buffer.
MR. HUNSINGER-Right.
MRS. MOORE-Yes, that's fine. I just wanted to make sure the Board understood that there
was only two sides that were proposed for a buffer.
MR. TRAVER-Good point.
MR. HUNSINGER-Yes, that was certainly my intention.
MR. TRAVER-That's a good idea, a good solution. All right. As soon as that's ready, we're
ready for that motion, then, I guess.
MR. DEEB-All right.
RESOLUTION APPROVING SP # 13-2018 PARKER HAMMOND DEV., LLC
The applicant has submitted an application to the Planning Board: Applicant proposes clearing
6.4 acre vacant parcel for marketing. Project plan shows areas of clearing, buffer areas and
stockpile of materials. Pursuant to Chapter 179-6-010 of the Zoning Ordinance, clearing of
vegetation 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 02/20/2018 and
continued the public hearing to 02/20/2018, 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
02/20/2018;
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 13-2018 PARKER HAMMOND DEV., LLC; Introduced by
David Deeb who moved for its adoption.
32
(Queensbury Planning Board 02/20/2018)
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted;
2. Adherence to the items outlined in the follow-up letter sent with this resolution.
a) The limits of clearing will constitute a no-cut buffer zone, orange construction
fencing shall be installed around these areas and field verified by Community
Development staff;
b) If applicable, the Sanitary Sewer connection plan must be submitted to the
Wastewater Department for its review, approval, permitting and inspection;
c) If curb cuts are being added or changed a driveway permit is required. A building
permit will not be issued until the approved driveway permit has been provided to the
Planning Office;
d) If application was referred to engineering then Engineering sign-off required prior to
signature of Zoning Administrator of the approved plans;
e) 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;-
f) If required, the applicant must submit a copy of the following to the Town:
a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC
SPDES General Permit from Construction Activity" prior to the start of any site
work.
b. The project NOT (Notice of Termination) upon completion of the project;
c. The applicant must maintain on their project site, for review by staff:
i. The approved final plans that have been stamped by the Town Zoning
Administrator. These plans must include the project SWPPP (Storm
Water Pollution Prevention Plan) when such a plan was prepared and
approved;
ii. The project NOI and proof of coverage under the current NYSDEC
SPDES General Permit, or an individual SPDES permit issued for the
project if required.
g) 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;
h) The applicant must meet with Staff after approval and prior to issuance of
Building Permit and/or the beginning of any site work;
i) Subsequent issuance of further permits, including building permits is dependent on
compliance with this and all other conditions of this resolution;
j) 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.
k) This resolution is to be placed in its entirety on the final plans.
1) Hardwoods more than six inches dbh are to remain.
m) Any tree over 18 inches dbh is to remain.
n) Increase the size of the proposed buffer to 60 feet.
Motion seconded by John Shafer. Duly adopted this 20th day of February, 2018 by the following
vote:
AYES: Mr. Hunsinger, Mr. Magowan, Mr. Shafer, Ms. White, Mr. Deeb, Mr. Traver
NOES: NONE
ABSENT: Mr. Valentine
MR. TRAVER-All right. You're all set. Good luck.
MR. DOBIE-Very good. Thank you, Board.
MS. WHITE-Appreciate your compromise.
MR. MAGOWAN-Lucas, thanks for being so accommodating.
MR. TRAVER-Is there any other business to come before the Board this evening?
MS. WHITE-Laura, the clearing on Country Club Road? Awfully big trees coming down. I just
didn't know what that's for. My old friend's property.
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(Queensbury Planning Board 02/20/2018)
MRS. MOORE-1 haven't heard anything lately.
MR. HUNSINGER-Yes, I saw they were doing logging in there.
MS. WHITE-Yes. Big, big, big trees.
MR. HUNSINGER-Yes, I drove by there yesterday.
MR. TRAVER-Well you can clear, what, up to an acre without a permit. Right? If it's your own
property.
MRS. MOORE-1 can let the Board know that March we have applications for three scheduled
meetings and I have enough projects in that you will have three meetings in March.
MR. TRAVER-Okay, and they're already scheduled?
MRS. MOORE-Potentially, yes.
MR. MAGOWAN-The cutting on Country Club?
MS. WHITE-Do you know anything about it, Brad?
MR. MAGOWAN-You know, I'm glad you brought that up, because you know what's really
bothered me. It was done on Saturday and Monday, and I didn't see anything going on today.
MR. SHAFER-Are we adjourned?
MR. TRAVER-We haven't adjourned yet.
MR. SHAFER-Laura, is there any way we can get the Chazen comments as part of the Staff
Notes so we can read them beforehand?
MRS. MOORE-It was an odd month because we had three meetings right in a row. So, yes I
normally try to get them in as quickly as I can.
MR. TRAVER-All right. We're ready to adjourn then, I guess. We have a motion to adjourn?
MR. HUNSINGER-So moved.
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF FEBRUARY
20, 2018, Introduced Chris Hunsinger who moved for its adoption, seconded by Brad Magowan:
Duly adopted this 20th day of February, 2018, by the following vote:
AYES: Mr. Magowan, Mr. Hunsinger, Ms. White, Mr. Deeb, Mr. Shafer, Mr. Traver
NOES: NONE
ABSENT: Mr. Valentine
MR. TRAVER-We stand adjourned. Thanks, folks.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Stephen Traver, Chairman
34