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02-27-2018 (Queensbury Planning Board 02/27/2018) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING FEBRUARY 27, 2018 INDEX Site Plan No. 6-2018 James Schneider 1. Tax Map No. 239.18-1-18 Site Plan No. 8-2018 RAN Entertainment, LLC 3. Tax Map No. 309.13-2-28 Site Plan No. 18-2018 Luzerne Holdings, Inc. 9. MODIFICATION Tax Map No. 308.12-1-7.13, 308.12-1-7.2 308.12-1-7.12 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING 1 (Queensbury Planning Board 02/27/2018) FEBRUARY 27, 2018 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, CHAIRMAN CHRIS HUNSINGER, VICE CHAIRMAN DAVID DEEB, SECRETARY JAMIE WHITE BRAD MAGOWAN MICHAEL VALENTINE MEMBERS ABSENT JOHN SHAFER 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 27th, 2018. This is the third meeting for the month of February, a little unusual for us, although we are going to have three more next month, and this is the fifth meeting for 2018. We have no administrative items. We have one item of Old Business. The first item on our agenda is James Schneider, Site Plan 6-2018. OLD BUSINESS: SITE PLAN NO. 6-2018 SEAR TYPE: TYPE II. JAMES SCHNEIDER. AGENT(S): JEFFREY DOAK. OWNER(S): 14 LADD LANE, LLC. ZONING: WR. LOCATION: 14 LADD LANE. APPLICANT PROPOSES RENOVATION OF A FRONT ENTRY AND IN-FILL PORCH. PROJECT INCLUDES A 58 SQ. FT. ADDITION TO DEVELOP KITCHEN AREA, THEN A 59 SQ. FT. FRONT ENTRY PORCH WITH A 46 SQ. FT. PORCH AREA. PURSUANT TO CHAPTER 179-3-040 & 179-6-050 OF THE ZONING ORDINANCE, EXPANSION OF A NON-CONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: 2017 SEPTIC ALT., RC- 000678-2017 ADDITION, AV 7-2018. WARREN CO. REFERRAL: FEBRUARY 2018. SITE INFORMATION: CEA, LGPC. LOT SIZE: .27 ACRE. TAX MAP NO. 239.18-1-18. SECTION: 179-3-040; 179-6-050. JEFF DOAK, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-Okay. The other evening the Zoning Board did grant the variance request. So the applicant received relief from a 75 foot setback requirement. The project includes the front entry and a front infill porch area. The project includes 58 sq. ft. addition to develop the kitchen area and a 59 sq. ft. front entry porch with a 46 sq. ft. porch area. MR. TRAVER-Thank you. Hello. MR. DOAK-Good evening. MR. TRAVER-1 remember we discussed this application before you went to the ZBA. Correct for the variances? MR. DOAK-Right. MR. DEEB-Can you identify yourself for the record. MR. DOAK-Jeff Doak. MR. TRAVER-And you received your variance. MR. DOAK-Correct. MR. TRAVER-And as a result of your discussion with the ZBA, were there any changes to your proposal? 2 (Queensbury Planning Board 02/27/2018) MR. DOAK-No changes. MR. TRAVER-No. Okay. All right. Well, are there any questions, comments from members of the Planning Board? MS. WHITE-It seemed to be pretty straightforward when we talked about it before. MR. TRAVER-Yes. We talked about this as a pre-existing structure. All right. We do have actually a public hearing on this application as well. So let's go ahead and open the public hearing. Is there anyone in the audience who wanted to address the Planning Board on this application? Okay. I'm not seeing anyone. Laura? PUBLIC HEARING OPENED MRS. MOORE-I do have a letter. MR. TRAVER-Okay. MRS. MOORE-This is addressed to our Secretary. I have no objection to James Schneider's proposed project." This is John Boomer, 23 Woods Point Lane. MR. TRAVER-Okay. Thank you. Then we will close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-This is a SEQR Type II. So there's no SEQR action required by the Board this evening. So I guess if there are no questions or further comments, we're ready for a motion. RESOLUTION APPROVING SP # 6-2018 JAMES SCHNEIDER 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 renovation of a front entry and infill porch. Project includes a 58 sq. ft. addition to develop kitchen area, then a 59 sq. ft. front entry porch with a 46 sq. ft. porch area. Pursuant to Chapter 179-3-040 & 19-6-050 of the Zoning Ordinance, expansion of a non-conforming structure shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 02/27/2018 and continued the public hearing to 02/27/2018, 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 02/27/2018; 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 6-2018 JAMES SCHNEIDER; Introduced by David Deeb who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers requestrg anted: 2) Adherence to the items outlined in the follow-up letter sent with this resolution. a) If application was referred to engineering, then engineering sign-off required prior to signature of Zoning Administrator of the approved plans; b) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor 3 (Queensbury Planning Board 02/27/2018) plans and elevation for the existing rooms and proposed rooms in the building and site improvements, c) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; d) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; e) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; f) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; g) Resolution to be placed on final plans in its entirety and legible. Motion seconded by Brad Magowan. Duly adopted this 27th day of February, 2018 by the following vote: AYES: Mr. Magowan, Ms. White, Mr. Deeb, Mr. Hunsinger, Mr. Valentine, Mr. Traver NOES: NONE ABSENT: Mr. Shafer MR. TRAVER-All right. You're all set. MR. DOAK-Thank you very much. MR. TRAVER-Well good luck with your project. MR. DOAK-Thank you very much. MR. TRAVER-All right. Next we have two items under New Business. The first being RAN Entertainment, LLC, Site Plan 8-2018. NEW BUSINESS: SITE PLAN NO. 8-2018 SEAR TYPE: UNLISTED. RAN ENTERTAINMENT, LLC. AGENT(S): NACE ENGINEERING, PC. OWNER(S): SAME AS APPLICANT. ZONING: CLI. LOCATION: 235 CORINTH ROAD APPLICANT PROPOSES TO ADD 34 NEW PARKING SPACES (7,513 SQ. FT.) NEW PAVEMENT AND A 375 SQ. FT. ACCESSORY STRUCTURE TO AN EXISTING TRAMPOLINE RECREATIONAL FACILITY. PROJECT INCLUDES UPDATE TO GRADING AND STORMWATER. PURSUANT TO CHAPTER 179- 3-040 OF THE ZONING ORDINANCE, NEW CONSTRUCTION SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 149-2016. WARREN CO. REFERRAL: FEBRUARY 2018. LOT SIZE: 3.86 ACRES. TAX MAP NO. 309.13-2-28. SECTION: 179-3-040. TOM NACE, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-Okay. The applicant proposes to construct 34 new parking spaces. This includes new pavement of approximately 7,513 sq. ft. In addition he proposes an accessory structure of 375 square feet to be used for maintenance of the site, a snow blower or snow removal, salt and things such as that. The 34 parking spaces are on the east side of the lot and they are on the opposite side of the building and tree removal is proposed. MR. TRAVER-Okay. Thank you. Good evening. MR. NACE-Good evening. For the record, Tom Nace with Nace Engineering. This is Rusty Saunders from RAN Entertainment. It's a fairly simple project. We'd like to add 34 new parking spaces to keep up with the demand of a growing business. MR. TRAVER-Yes, and I think when we first looked at this project I think we had a discussion that we anticipated that it might be possible that you would need some. 4 (Queensbury Planning Board 02/27/2018) RUSTY SAUNDERS MR. SAUNDERS-Yes, there was 10 future in there. Actually I did them at the time of construction just in case. MR. TRAVER-Well it's good that your business is doing well. MR. SAUNDERS-Yes. MR. TRAVER-Yes, I know we went over this, you know, you said you only needed 68 and I went out on a limb and said give them 68. Now you need more. That's great. I'm happy the business is booming, and this is one of the reasons why I hate to put more than you need, and then if you need to come back, it wasn't too difficult, was it? MR. SAUNDERS-No. MR. TRAVER-Not so far anyway. Okay, and then with regard to the storage shed, I understand for equipment and shovels and so on. MR SAUNDERS-1 have a loader there, a small loader. MR. TRAVER-Okay. So what were you doing with that equipment up to this point? MR. SAUNDERS-It just sits outside all day. MR. TRAVER-Okay. MR. SAUNDERS-So I just want to put it out of the weather. MR. TRAVER-Sure. It makes sense. Okay. MR. HUNSINGER-So did you buy that loader just to keep up with your parking lot? MR. SAUNDERS-Yes. MR. HUNSINGER-Wow. The only question I had was on the lighting. I saw the new light poles. It looks like the fixtures are the same as the existing fixtures. MR. SAUNDERS-We added some on that east wall that wasn't even on the plan. So we already have the wall packs on there, but I want to get poles around the rest. So however many it takes to go down through there, that's what we're going to do. MR. NACE-They're the same fixtures used up front. MR. SAUNDERS-Yes, they'll be the same pole. MR. NACE-Just a single arm instead of a double arm. MR. HUNSINGER-Okay. The only concern I have is the houses that are to the east, and if there's going to be any spillage because you didn't really give us the. MR. SAUNDERS-1 think everything's going to be coming back towards the building. It's only going the length of the building. MR. HUNSINGER-Okay. MR. VALENTINE-You're done with lighting? MR. HUNSINGER-Yes. MR. VALENTINE-Okay. In the Staff Notes we got, and I did ask Laura about this before, there was a note in here, and I was working without plans on it, and it says that existing trees are to be removed. MR. SAUNDERS-Yes. 5 (Queensbury Planning Board 02/27/2018) MR. VALENTINE-All right, and then on the next page it says no additional landscaping is proposed, and I didn't have a landscaping plan to work with. So you're removing but not replacing anything? MR. SAUNDERS-Well, I mean I think there's probably just enough for a parking lot there. There's no, it's just going to be parking lot, still behind the building. All the landscaping is still up front. MR. NACE-It's off to the east of the building. MR. SAUNDERS-To the east. I mean it's all woods right now. It's just scrub pines right now. MR. VALENTINE-Based on what we have up there? MR. SAUNDERS-It's behind that garage. The property line actually is six feet into that garage. So it's straight down that way. MS. WHITE-But there's nowhere else on that property you could put some more landscaping? Some more trees? Replace what's there now? MR. NACE-There's really no impact there. MR. SAUNDERS-Believe me. If you ask me it's kind of over-landscaped as it is, but there's 100's of plants there, and like I say down that side it's going to be a parking lot. It's not going to be. MR. NACE-There's no adjacent use to buffer, have landscaping to buffer. MR. VALENTINE-No existing use now? MR. NACE-That's correct. MR. VALENTINE-Vacant land, vacant lot? MR. NACE-Well it's the lot behind the house. MR. MAGOWAN-So how did the garage get on your property? MR. SAUNDERS-It was an encroachment issue from the beginning. It didn't get resolved, so I just bought it. MR. MAGOWAN-You bought the whole house? MR. SAUNDERS-No, the extra 30 feet through that garage. It wasn't ever going to get resolved. MR. MAGOWAN-What a nice neighbor. Do you have to do snow removal on that quarter part? MR. SAUNDERS-No, I don't get over that far. MR. MAGOWAN-All right. MR. TRAVER-Anything else before we open the public hearing? MS. WHITE-Yes. I have one more thing. We, you know, channeling Mr. Ford here, but we have requested some amount of permeable pavers. Is that, any kind of permeable? I mean this is a lot that we're, you know, it's already a lot of pavement and now we're increasing the pavement. What's the possibility of doing something? MR. SAUNDERS-It's not affecting any part of the look of the front of the building. MS. WHITE-It's not the look. It's the permeability. MR. NACE-One hundred percent of the stormwater now, even up to a 100 year storm, and with the addition of this additional pavement for the parking. MS. WHITE-And there's no landscaping being replaced and no permeability being replaced. 6 (Queensbury Planning Board 02/27/2018) MR. NACE-Can I finish, please? MS. WHITE-And we're adding to impervious. MR. NACE-We're also infiltrating 100% of the runoff from everything on site. MR. TRAVER-And there are good soils in that area. MR. NACE-Beautiful sandy soils and infiltrating everything. MR. TRAVER-So, bottom line for stormwater, I mean, nothing is leaving this site. It's all going into the ground. The only difference, I think, between the stormwater management system and, of course I'm not an engineer, but my observation would be the only difference between the water is how it would move from, when it falls and how it enters the ground, and the way they have their plan laid out it goes through stormwater management, whereas permeable pavers, it would be like a lawn where it would go basically straight through, but they've already got infrastructure to handle stormwater there so, you know, and they're within Code and they have to get approval for the engineer. So if it's just a matter of managing the stormwater, they've been able to do that. MS. WHITE-They've done that. MR. DEEB-That's what the permeable pavers help with the water going into the ground, which it's not necessary at this point because we have stormwater management already. MR. TRAVER-Well it's also effective in areas where it's difficult to have more robust stormwater management systems like rain gardens and that type of thing. MS. WHITE-1 guess it's just the concept. It just feels like we're taking away and we're not putting anything back. MR. TRAVER-Yes, understood. MR. DEEB-It's just in honor of Tom Ford. MS. WHITE-Correct. He's not here. MR. TRAVER-He definitely would be asking that question. You're absolutely right. All right. We do have a public hearing on this project. Is there anyone here that wanted to address the Planning Board on this application? I'm not seeing any. Laura, are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. Well, then we'll close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-This is an Unlisted application under SEAR. Now we did SEQR originally. So we should be able to re-affirm the previous SEAR. Is there any members of the Board that feel that the addition of these parking spaces has an environmental impact that would cause us to change our original findings? Okay. Then I guess we can entertain a motion to re-affirm the SEAR. RESOLUTION RE-AFFIRMING NEGATIVE SEQR DEC. SP # 8-2018 RAN ENTERTAINMENT The applicant proposes to add 34 new parking spaces (7,513 sq. ft.), new pavement and a 375 sq. ft. accessory structure to an existing trampoline recreation facility. Project includes update to grading and stormwater. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, new construction 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; 7 (Queensbury Planning Board 02/27/2018) 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; Whereas, the Planning Board adopted Resolution SP PZ 149-2016, on 07/19//2016 adopting SEQRA determination of non-significance, and Upon review of the information recorded on the EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency reaffirms 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 REAFFIRM NEGATIVE DECLARATION FOR THE PROPOSED SITE PLAN 8- 2018 RAN ENTERTAINMENT, LLC. Introduced by David Deeb who moved for its adoption, seconded by Michael Valentine. Duly adopted this 27th day of February, 2018 by the following vote: AYES: Ms. White, Mr. Deeb, Mr. Hunsinger, Mr. Valentine, Mr. Magowan, Mr. Traver NOES: NONE ABSENT: Mr. Shafer MR. TRAVER-All right. You're all set. Good luck. MS. WHITE-We've still got to do the Site Plan. MR. TRAVER-Sorry, one more motion to go. MRS. MOORE-Mr. Chairman, before you continue, if the applicant can provide information on the final plan set that shows the tree line because right now it doesn't appear there's any, there's not a tree line on here. You're removing one tree line, but there's still trees in between the parking lot and then adjoining the property. That physically doesn't disappear. So maybe we can just put the tree line on. MR. NACE-The clearing limits. MRS. MOORE-1 just was looking for the existing tree line that runs this way and you're going to do the tree line probably along here. MR. SAUNDERS-Right. MRS. MOORE-But if we just put that on the drawing, that that gives some guidance to the Board that there are existing trees that are remaining on that one line, or on the other side of the property. MS. WHITE-You have a note, too, that you're looking for the lighting also to be provided on the plans, the details? MRS. MOORE-The details of the lighting. MS. WHITE-So it needs to be re-done anyway, right? MRS. MOORE-Right. MS. WHITE-Okay. MRS. MOORE-Because right now they don't have the detail of the wall packs. MR. SAUNDERS-Well the wall packs are already there. MRS. MOORE-On the physical plan itself just those details. 8 (Queensbury Planning Board 02/27/2018) MR. MAGOWAN-We don't want you to sneak a couple of more in on us. Do you know what I mean? MR. TRAVER-Okay. Very good. If we have those additions, I guess we're ready for the actual. MR. DEEB-Okay. RESOLUTION APPROVING SP # 8-2018 RAN ENTERTAINMENT The applicant has submitted an application to the Planning Board. Applicant proposes to add 34 new parking spaces (7,513 sq. ft.), new pavement and a 375 sq. ft. accessory structure to an existing trampoline recreation facility. Project includes update to grading and stormwater. 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 02/27/2018 and continued the public hearing to 02/27/2018, 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 02/27/2018; 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 8-2018 RAN ENTERTAINMENT, LLC; Introduced by David Deeb who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted; 2. Adherence to the items outlined in the follow-up letter sent with this resolution. a) 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; 9 (Queensbury Planning Board 02/27/2018) 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 I) Tree line to be shown on the final site plan. m) Lighting details to be shown on the final site plan. Motion seconded by Brad Magowan. Duly adopted this 27th day of February, 2018 by the following vote: AYES: Mr. Deeb, Mr. Hunsinger, Mr. Valentine, Mr. Magowan, Ms. White, Mr. Traver NOES: NONE ABSENT: Mr. Shafer MR. TRAVER-Now you're all set. MR. NACE-Thank you. MR. TRAVER-And next under New Business we have Luzerne Holdings, Site Plan Modification 18-2018. SITE PLAN (MODIFICATION) 18-2018 SEAR TYPE: UNLISTED. LUZERNE HOLDINGS, INC. AGENT(S): NACE ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING: CLI. LOCATION: WEST DRIVE & LUZERNE ROAD. APPLICANT PROPOSES TO COMPLETE RIGHT OF WAY 40 FT. ACCESS ROAD FROM LUZERNE ROAD ON -7.12 THROUGH -7.2 TO HAVE ACCESS TO -7.13. PROJECT INCLUDES STORAGE BUILDING AND PARKING AREA PREVIOUSLY PROPOSED WIT H ASSOCIATED SITE WORK. RIGHT OF WAY WORK INCLUDES GRADING AND STORMWATER MANAGEMENT, 800 +/- FT. OF LANDSCAPING TO BE INSTALLED ALONG PROPERTY LINE OF STORAGE BUILDING PORTION. PURSUANT TO CHAPTER 179-9-120 OF THE ZONING ORDINANCE, MODIFICATION TO AN APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP PZ 93-2016 4800 SF COLD STORAGE, SUB MOD. PZ 110-2016; DKC SUB 4-2012 3 LOTS, LH SUB 18- 2005 2 LOTS, SP 10-2004 STORAGE BLDGS., SP 5-2012 MATERIAL STORAGE AREA; DISC. 2016; SP (M) 35-2017, SP 26-2017, AV 25-2017. WARREN CO. REFERRAL: N/A. LOT SIZE: 5.18 ACRES TAX MAP NO. 308.12-1-7.13, 308.12-1-7.2, 308.12-1-7.12. SECTION: 179-9-120. TOM CENTER, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura, can you give us some background? MRS. MOORE-This project is in reference to the right of way component, access from, so on Luzerne Road there's a current access drive that was constructed not according to plans. The applicant's back before this Board, is modifying his application so it only includes the two front lots. So we're only talking about the road construction area and a proposed storage building that was supposed to be located back here, okay. There's another application that when we first talked about the access road was going to occur back here. That's all pending. This applicant that owns this property still has to go through engineering review and complete their SWPPP. In this sense for this application that's before us it's these two lots, and we're only talking about the storage building that's here, and the access drive onto Luzerne Road. MR. TRAVER-Gotcha. Okay. Thank you. Good evening. MR. CENTER-Good evening. Tom Center representing Luzerne Holdings, Mr. Steves and Mr. Clute. Like Laura explained, to give you a little background, when we were initially here before you before Luzerne Holdings, the storage building, the access and the building was all off of 10 (Queensbury Planning Board 02/27/2018) West Drive. We had that approved. We had engineering signoff for all the stormwater management for the storage building and the driveway access. Then Mr. Steves and Mr. Clute decided to subdivide the parcel and there was some discussion that based on what happened with West Drive and the traffic and the access and the neighbors that had come out, listening to them, to access these parcels, we developed the easement across which would be Lot Two, that would go across Lot Two onto Luzerne Holdings' parcel and then out to Lot Three that was being created, so that vehicle traffic could enter on the more industrial side as opposed to the neighborhood side on the other side, and originally at that time when we proposed that, we left the design of the road to the person that was going to purchase this, the rear lot, Lot Three. So we didn't get in, the design wasn't part of Luzerne Holdings' application at the time. It was going to be developed by the person that bought the rear lot. Since then that person had started constructing the road, as Laura said, went through engineering comments. Mr. Steves and Mr. Clute have taken the responsibility for the road back onto themselves, and tied it into the Luzerne Holdings parcel. Mr. Clute also owns the DKC. He still owns Lot Two, but it's under, you know, they're working on a contract to sell it to someone. So in order to facilitate that sale, they took responsibility for creating this road in its location as was approved, the center of the easement, 20 foot wide road What we're proposing here is our grading plan, and grading the road so it drains towards the Luzerne Holdings parcel into an infiltration trench, and then if that infiltration trench ever were to over fill, it would go into the stormwater drainage that we already have on Luzerne Holdings. I know we have several engineering comments. They did not tie in Luzerne Holdings' site plan, and we had explained that. I really don't think they saw the stormwater plan that I did submit. I did submit a stormwater plan for this, and it referenced the Luzerne Holdings one that was already approved. We're just discharging into it. So we added the area for this road into the Luzerne Holdings' stormwater plan. It's going to, I'll just have to work it out with the Town Engineer to explain how the two projects mesh together. I don't foresee any issue here. Well drained sands over here. There really isn't a problem. The issue is getting this road in the right location. Stormwater is not going to be a problem, if this design is approved allowing it to go from one parcel to another. He owns both parcels right now. It'll be an agreed upon thing with the easement right when the parcel is sold. It's also, this easement is also owned by multiple entities. The people on Lot Two can use this easement to get to their parcel, to this parcel if they ever develop it. It's one entrance. So they can come off here and access this parcel. Mr. Steves and Luzerne Holdings and Mr. Clute can also use it to access their parcel if need be and then for Lot Three. So all of them maintain the right to use this road. So they also share in the stormwater management, but we've directed it towards the existing facilities that were, since there are none. MS. WHITE-So it'll be part of any future contracts if it's sold. MR. CENTER-Part of any future contracts, part of any future development with regard to this stormwater for the road going in that way. Anything else would have to be developed on their own parcels, and there's no other comment access or easement. MR. HUNSINGER-You're proposing to re-do your site plan for Lot Two, though. MR. CENTER-That is correct. We are not re-doing the site plan. Still going to enter off West, but because it crosses the parcel they retain the right to, if they ever needed to, access their parcel from that road. MR. TRAVER-Interesting. MR. HUNSINGER-Will Lot Three ever have access from West? MR. CENTER-No. It has road frontage, but the subdivision for that was based on this easement. If they ever were to, they'd have to come back before the Planning Board. MR. MAGOWAN-Is that a paper road, too? MR. CENTER-Excuse me? MR. MAGOWAN-Is that a paper road? MR. CENTER-What's that, West, or the one that we're? MR. MAGOWAN-No, all the way down there Lot Three. Doesn't that end somewhere? MR. CENTER-Right now it's shown to end at the property line. Mr. Howard who owns that lot who was in contact with me earlier this week, we're finalizing for us to take over stormwater management design for what's there and bring back to Craig an Laura whatever corrections 11 (Queensbury Planning Board 02/27/2018) need to occur so that that project can move forward, but this access road is something that Mr. Steves and Mr. Clute need to get resolved so that Lot Two can be sold. MR. VALENTINE-So that's just an access road? That's not a road that would be? MR. CENTER-It's not. It's a Town road. It's just a road that is accessed and eased by three different parcels. Actually in stormwater management terminology it's shared access and you're not creating three different entrances. It's really a shared entrance to Luzerne Road. MR. TRAVER-Okay. This project also has a public hearing. Are there any other questions or comments from members of the Board before we go to the public hearing? Then we'll open a public hearing on this application. Is there anyone here that wanted to address the Planning Board on this project? Are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There's no written comments. MR. TRAVER-Okay. Then we will close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-This is also a SEQR Unlisted. So we do have a SEQR review that is required. And we did look at part of this property with the previous application, but not this aspect of the access road. We do have a draft resolution. Are there any members of the Planning Board that feel that there are environmental impacts that would require us or advise us to go through a detailed SEQR review? No? Okay. Then I guess we can entertain a SEQR resolution. RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP MOD # 18-2018 LUZERNE HOLDINGS The applicant proposes to complete right of way 40 ft. access road from Luzerne Road on -7.12 through -7.2 to have access to -7.13. Project includes storage building and parking area previously proposed with associated site work. Right of way work includes grading and stormwater management, 800 +/- ft. landscaping to be installed along property line of storage building portion. Pursuant to Chapter 179-9-120 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 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 MODIFICATION 18- 2018 LUZERNE HOLDINGS, INC. 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 27th day of February, 2018 by the following vote: AYES: Mr. Valentine, Mr. Magowan, Ms. White, Mr. Deeb, Mr. Hunsinger, Mr. Traver 12 (Queensbury Planning Board 02/27/2018) NOES: NONE ABSENT: Mr. Shafer MR. TRAVER-All right, and next we move on to the Site Plan motion. MRS. MOORE-1 would suggest adding language as a potential condition that the easement language be included on the site plan drawing itself, so that whoever picks up this property next knows that there's an easement and that language should be clear on that site drawing. MR. VALENTINE-Well that brings me to the question that I was going to ask in the same regard, in that the site plans are going to get filed and recorded, right, the maps will. The site plans? MR. CENTER-The plat will be. MRS. MOORE-The subdivision plat if it modifies the plat. That's the only time it gets filed. The site plans are filed with the Town itself. MR. VALENTINE-Right, but the question I was going to say, not only that, is that we're saying, okay, you have some kind of a subdivision maps and you have shared access drive. MR. CENTER-1 believe that was on the approved subdivision that went through. MRS. MOORE-1 believe it was also, and I'm not, I'd have to double check on the subdivision plat as well. MR. VALENTINE-1 think the point is saying okay you have three different owners going to be using that same access, and then is there a maintenance agreement? Is there anything in that like that? You're dealing with stormwater and you're looking at three lots saying we're going to take care of it, but if there's something in Lot Two, in the middle of this that's unknown right now. MR. CENTER-Right. Well, Lot Two, when it becomes developed, will have to come back before the Planning Board to have its stormwater management reviewed. Similar to Lot Three, it has to have its stormwater management approved by the Town Engineer and his engineering comments signed off. So anything new that would occur there is going to be before the Planning Board. MR. VALENTINE-There are two other lots that could have the same concern. Is there something in One or Three that does something that somehow impacts that stormwater management or impacts the use of the access easement? MR. CENTER-Well, no, it's developed. We are showing with this application that we are taking care of the stormwater from this road. It is being treated on this parcel. If it were go overflow, the direction of its overflow is the direction that it would normally go, which would be in the direction of Luzerne Holdings and Luzerne Holdings already has stormwater management that has enough capacity to manage it. So there's not a real issue with stormwater management in these soils, but I mean we're talking about well drained soils. MR. TRAVER-Any additional development is going to come with stormwater management. MR. CENTER-Any additional development is going to have to come before you with stormwater management. I don't take any objection if we need to show the easement clearly on here. We can put some language on here that shows the easement, or its access, or a note. MR. TRAVER-Well I would think that would be to your advantage. MRS. MOORE-For everyone's comfort level. MS. WHITE-Is the public hearing closed? MRS. MOORE-It is. MS. WHITE-Because we obviously have some comments to acknowledge. MRS. MOORE-I'm assuming it's just a clarification. 13 (Queensbury Planning Board 02/27/2018) MR. CENTER-For a level of comfort, I understand Mr. McDonald is looking to purchase Lot Two. They have to complete the contract. They have a contract on the table between the two parties. They're working through that. We will work with them to put a note on the drawing that shows who's responsible. I mean Mr. O'Connor was actually filling me in on that all three of them have access to that. So we were discussing that. So whatever language the two parties can agree on, or three parties. Mr. Howard already knows he has an easement across it. He doesn't own it. It's an easement. It's a use easement. So whatever language that would have to occur, we'll work with them. MR. TRAVER-Okay. So, Laura, just to clarify, what you're recommending in that we ensure that the final submitted plans include a statement to the effect that this road is an easement to access the properties? Is that right? MRS. MOORE-Something to that effect. MR. TRAVER-Okay. MR. MAGOWAN-Should we ask Mr. O'Connor up to the table? Obviously he might be able to clarify Number Two a little for us. MS. WHITE-But is that part of what we're talking about tonight? MRS. MOORE-It's not, but I think what Tom Center's saying is that they'll end up working with the applicant. I don't have a problem with Mr. O'Connor speaking. MR. TRAVER-Okay. MR. CENTER-There's surveyor and lawyer language that this engineer probably doesn't have correct. So we'll let them figure it out, and as long as it's agreeable to the others. MR. TRAVER-Well, if you have something to add, we won't call it public comment because you're going to be a party. MICHAEL O'CONNOR MR. O'CONNOR-I'm Michael O'Connor. I represent Coby McDonald who is the contract vendee of Lot Number Two. He has reviewed the plans and understands it and doesn't have an objection to it. My suggestion would be that, I don't believe that the original subdivision showed this right of way because the issue of the right of way arose after the subdivision. So I think it would be to the benefit of everybody that the final map be filed in the County Clerk's Office with notation that the roadway shown on there is actually on Lot, and maybe for your benefit it is actually on Lot Two. That's why I feel that I should speak. It's not on the other properties. It is a non-exclusive right of way that serves Lots Two and, well it serves, for the owners, it serves Lots One, Two and Three. It's as simple as it could be. MR. TRAVER-Okay. So is it your recommendation that an updated subdivision map be filed? MR. O'CONNOR-1 don't think that's required or should be required. MR. TRAVER-Well you mention an updated map submitted to the County. So that's beyond the purview of a site plan. MR. O'CONNOR-You could file a site plan map and it's public notice to anybody that's looking at the property. MRS. MOORE-So you're suggesting file that site plan map. MR. O'CONNOR-Just make a mylar of this map and file it with notation on there that it is a non- exclusive easement serving Lots One, Two and Three. MR. VALENTINE-You can do it. Subdivision maps are required to be filed. Site Plan could be done. It's not a requirement. It's a recommendation. MRS. MOORE-I've never had them done. So that's, I mean. MR. TRAVER-We can look into that. 14 (Queensbury Planning Board 02/27/2018) MRS. MOORE-It's up to the Board if they think the map, the site plan with the notation should be a filed map and you would have to make that recommendation as part of your motion. MR. TRAVER-Well, there's really two steps. One is that we make the notation. We make a condition that that notation be on the site plan, and then we recommend that a copy of the site plan be filed with the County. MRS. MOORE-1 mean recommend versus making them do it. MR. TRAVER-Well, it's a recommendation not a requirement. MR. DEEB-Then we can't put it on the resolution. MR. TRAVER-We can just make a note it's not a requirement of the resolution, but we can, well, it's part of the record. MR. DEEB-You can't put it on the resolution if it's not a requirement. Right? MR. TRAVER-We don't need to. It's part of the record. It's part of the discussion. Any other questions or comments on this application from members of the Board? Yes? MR. VALENTINE-Tom, will there be a response letter to Chazen's? MR. CENTER-Yes. MR. VALENTINE-All right. I'm just saying there just seemed to be a timing issue as far as your letter versus when they were talking about the other stuff there. MR. CENTER-Right. I don't think they referred to the Luzerne Holdings project when they were trying to bring it all together and they might have gotten confused with the letter that was sent to Howard's for that parcel, because that access road was originally, for them its most recent was on the Howard parcel. MR. TRAVER-So you're confident, once you put this in context, the engineer will understand the scope. MR. CENTER-Yes because we already have the NOI. We just have to add this road to the NOI for Luzerne Holdings. We've already got that in draft. We're just adding this disturbance to that. The cleared area goes on there and the stormwater management was just an extension of what we had approved for Luzerne Holdings just for this road and what we're doing here. MR. TRAVER-Gotcha. Okay. All right. Anything else from members of the Board? All right. I guess we're ready for a draft motion. RESOLUTION APPROVING SP MOD # 18-2018 LUZERNE HOLDINGS, INC. The applicant has submitted an application to the Planning Board. Applicant proposes to complete right of way 40 ft. access road from Luzerne Road on -7.12 through -7.2 to have access to -7.13. Project includes storage building and parking area previously proposed with associated site work. Right of way work includes grading and stormwater management, 800 +/- ft. landscaping to be installed along property line of storage building portion. Pursuant to Chapter 179-9-120 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; 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 02/27/2018 and continued the public hearing to 02/27/2018, 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 02/27/2018; 15 (Queensbury Planning Board 02/27/2018) 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 18-2018 LUZERNE HOLDINGS, INC.; Introduced by David Deeb who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted; 2. Adherence to the items outlined in the follow-up letter sent with this resolution. a) 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 I) Easement language details be included on the site plan. m) Easement right of way to serve Lots One, Two, and Three also be included on the site plan. Motion seconded by Jamie White. Duly adopted this 27th day of February, 2018 by the following vote: AYES: Ms. White, Mr. Deeb, Mr. Hunsinger, Mr. Valentine, Mr. Magowan, Mr. Traver NOES: NONE ABSENT: Mr. Shafer MR. TRAVER-All right. You're all set. MR. CENTER-Thank you. MR. TRAVER-Is there any other business before the Board this evening? Laura, do you have anything for us? MRS. MOORE-I don't have anything, just a reminder that there are three meetings next month. 16 (Queensbury Planning Board 02/27/2018) MS. WHITE-It will be the same dates. MR. TRAVER-And when we laid out our calendar we actually, in anticipation of our workload, we set three meetings for March and actually three for April. We don't know yet if we're going to need three in April, but Laura did confirm last week that we are going to be required to meet three times in March and those dates are already on our draft calendar. They're the 13tH 20th and 27th MRS. MOORE-The packets will be ready next week some time. So I'm assuming by Wednesday they'll be ready. MR. TRAVER-Okay. Good. Thank you. All right. I guess we're ready for our motion to adjourn. MR. DEEB-So moved. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF FEBRUARY 27, 2018, Introduced by David Deeb who moved for its adoption, seconded Brad Magowan: Duly adopted this 27th day of February, 2018, by the following vote: AYES: Ms. White, Mr. Deeb, Mr. Valentine, Mr. Hunsinger, Mr. Magowan, Mr. Traver NOES: NONE ABSENT: Mr. Shafer MR. TRAVER-We stand adjourned. Thank you, everybody. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver, Chairman 17