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QUEENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
SEPTEMBER 25, 2018
INDEX
Site Plan No. 10-2018 Joseph & Cynthia Didio 1.
Tax Map No. 239.20-1-7
Site Plan No. 58-2018 John R. Buchanan 2.
Tax Map No. 289.11-1-38
Subdivision No. 16-2018 Daniel Hajeck
4.
PRELIMINARY STAGE Tax Map No. 308.15-1-2
Subdivision No. 17-2018
FINAL STAGE
WITHDRAWN
Subdivision Modification 20-2018 Gregory Garafalo 4.
Tax Map No. 308.11-1-49.21, -49.22
Subdivision No. 18-2018 John Kokoletsos
6.
PRELIMINARY STAGE Tax Map No. 296.13-1-26
Site Plan No. 57-2018 Brian Kendrick, N&D Restaurants, LLC
8.
Tax Map No. 302.6-1-51.2
Site Plan No. 60-2018 APEX Capital 14.
Tax Map No. 307.-1-29, 315.5-1-3.2, 315.5-1-2
Site Plan No. 61-2018 Glens Falls Brewing Co., LLC
34.
Tax Map No. 296.9-1-2
Site Plan No. 46-2018 Rasheed Bhatti
42.
Tax Map No. 288.8-1-11.2
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.
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QUEENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
SEPTEMBER 25, 2018
7:00 P.M.
MEMBERS PRESENT
STEPHEN TRAVER, CHAIRMAN
CHRIS HUNSINGER, VICE CHAIRMAN
DAVID DEEB, SECRETARY
BRAD MAGOWAN
JOHN SHAFER
MICHAEL DIXON, ALTERNATE
STEVEN JACKOSKI, ALTERNATE
LAND USE PLANNER-LAURA MOORE
STENOGRAPHER-MARIA GAGLIARDI
MR. TRAVER-Good evening, ladies and gentlemen. Welcome to the Planning Board meeting
for the Town of Queensbury for Tuesday September 25th. This is the second meeting for the
month of September and the 20th meeting thus far this Year 2018. A couple of notes for the
public. If you have an electronic device, if you would either turn it off or at least turn the ringer
off so we're not interrupted by that. Also you'll notice in the room there are illuminated Exit
signs that hopefully will stay illuminated even if the power goes off, which we have had happen,
and in case of emergency please leave the building in a safe and orderly way. There should be
agendas on the table at the back of the room if any of you want one and you don't have one.
One other item of note, two applications this evening that may impact you if you are here for a
public hearing. One is Daniel Hajeck. That application has been withdrawn. So we will no
longer be hearing that application and it will not be reviewed any further this evening. The
other is Joseph & Cynthia Didio. That is actually the first item on our agenda. We anticipate
that to be tabled until November. So if you're affected by either of those, please take note, and
with that we'll begin our meeting, and the first item is just that, Joseph & Cynthia Didio, Site Plan
10-2018.
TABLED ITEM:
SITE PLAN NO. 10-2018 SEAR TYPE: TYPE II. JOSEPH & CYNTHIA DIDIO.
OWNER(S): SAME AS APPLICANT ZONING: WR. LOCATION: 2966 STATE ROUTE
9L. APPLICANT PROPOSES A 525 SQ. FT. SECOND STORY ADDITION TO AN EXISTING
1,096 SQ. FT. (FOOTPRINT) HOME. HOME IS 2,056 SQ. FT. FAR PROPOSED IS 2,581
SQ. FT. PURSUANT TO CHAPTER 179-13-010 OF THE ZONING ORDINANCE,
EXPANSION OF A NON-CONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING
BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS REQUESTED FROM
SETBACK, HEIGHT, AND FLOOR AREA. PLANNING BOARD SHALL PROVIDE A
RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE:
2003-112 DOCK, 2003-347 DECKS, 2007-537 WOODEN WALKWAY, AV 26-2007, AV 34-
2003 DOCK, AV 14-2018. WARREN CO. REFERRAL: FEBRUARY 2018. SITE
INFORMATION: CEA, APA, LGPC LOT SIZE: .17 ACRE. TAX MAP NO. 239.20-1-7.
SECTION: 179-13-010.
MR. TRAVER-Laura?
MRS. MOORE-So this application is to be tabled to the second November meeting because the
Zoning Board of Appeals could not move forward the other evening. So they tabled it also to
their first meeting. So the Planning Board is to table it to the second meeting.
MR. TRAVER-Okay, and that would be November 27th. So we need a motion to table to that
date.
RESOLUTION TABLING SP # 10-2018 JOSEPH & CYNTHIA DIDIO
MOTION TO TABLE SITE PLAN 10-2018 JOSEPH & CYNTHIA DIDIO, Introduced by David
Deeb who moved for its adoption, seconded by Bad Magowan:
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Tabled until the November 27, 2018 Planning Board meeting with information due by October
15, 2018.
Duly adopted this 25th day of September by the following vote:
AYES: Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr.
Traver
NOES: NONE
MR. TRAVER-The next application is under Old Business, and that is John R. Buchanan, Site
Plan 58-2018.
OLD BUSINESS:
SITE PLAN NO. 58-2018 SEAR TYPE: TYPE II. JOHN R. BUCHANAN. AGENT(S):
JARRETT ENGINEERS, PLLC. ZONING: WR. LOCATION: 66 REARDON ROAD.
APPLICANT PROPOSES TO CONVERT AN EXISTING 92.5 SQ. FT. OPEN PORCH TO A
SCREENED PORCH. PROJECT INCLUDES CONSTRUCTION OF A WHEELCHAIR RAMP
FROM THE HOME TO THE BOAT HOUSE OF 34 FT. 2 IN. IN LENGTH. PURSUANT TO
CHAPTER 179-3-040 & 179-6-050 OF THE ZONING ORDINANCE, HARD SURFACING AND
CONSTRUCTION WITHIN 50 FT. OF SHORELINE SHALL BE SUBJECT TO PLANNING
BOARD REVIEW AND APPROVAL. CROSS REFERENCE: 91167-1983 ALTERATIONS;
AV 61-2018. WARREN CO. REFERRAL: N/A. SITE INFORMATION: CEA. LOT SIZE:
.75 ACRE. TAX MAP NO. 289.11-1-38. SECTION: 179-3-040. 179-6-050.
TOM JARRETT & BILL DEAN, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura, can you give us a briefing on that?
MRS. MOORE-So this applicant proposes to convert an open porch to a screened porch that's
92.5 square feet, and also to construct a wheelchair ramp from the house parking area to the
boathouse a the shoreline, and they did receive their variance the other evening, and this also
includes an alteration to the home entrance, raising the roof a bit and removing a portion of the
deck near the house to enclose the screened in porch.
MR. TRAVER-Okay. Thank you. Good evening.
MR. JARRETT-Good evening, all. Tom Jarrett of Jarrett Engineers and Bill Dean of Creative
Construction. Neither of the Buchanans could make it tonight. By way of recap this is a two-
pronged project. One is the enclosed porch, replacing the existing deck, no closer to the lake,
and the other is a wooden ramp and walkway that would allow better access for the senior
Buchanan to get to the lake. As Laura mentioned we reviewed it with the Zoning Board last
week and once we went through the variances required they realized that they were pretty
straightforward and there were no concerns and no conditions imposed from my perspective
that I recall. I can go through more detail if you wish. Otherwise I'll open it up to questions and
comments.
MR. TRAVER-1 would just start by asking, as a result of your discussion with the ZBA, were
there any changes to the project other than what we reviewed with you previously?
MR. JARRETT-No.
MR. TRAVER-I'll open it up for questions, comments from members of the Planning Board.
MR. MAGOWAN-1 feel pretty comfortable how we went over it before last Tuesday. Unless
Tom wants to do it all over again.
MR. TRAVER-All right. I will note there is a public hearing on this application. Is there anyone
in the audience that wanted to address the Planning Board on this application? I'm not seeing
any hands. Laura, are there are any written comments?
PUBLIC HEARING OPENED
MRS. MOORE-There are three written comments. The first one is addressed to Mr. Deeb.
"We are owners of the parcel at 70 Reardon Rd., the immediate adjacent west side neighbor to
John R. Buchanan. We urge approval of Mr. Buchanan's Area Variance Request. We are
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personally aware Mr. Buchanan faces a great hardship due to personal physical limitations as
well as disabled parents. His proposed project is important to alleviate disabilities arising from
his situation. Respectfully submitted, Michael Seidel" at 30 Sheridan Street, and Elizabeth
Giblan. The next one is from 60 Reardon Road. "No objections whatsoever. It's Patricia
Pietropaolo. And then the third one, sorry it's just a repeat of the Seidel letter of support.
MR. TRAVER-Okay. Very good. Well, with that then we will close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-This is a SEQR Type II. So no need to do SEQR review. Is there any further
discussion before we move to a motion? I guess we're ready for a motion.
RESOLUTION APPROVING SP # 58-2018 JOHN R. BUCHANAN
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 to convert an
existing 92.5 sq. ft. open porch to a screened porch. Project includes construction of a
wheelchair ramp from the home to the boat house of 34 ft. 2 in. in length. Pursuant to Chapter
179-3-040 & 179-6-050 of the Zoning Ordinance, hard surfacing and construction within 50 ft. of
shoreline shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the
Planning Board has determined that this proposal satisfies the requirements as stated in the
Zoning Code;
The Planning Board opened a public hearing on the Site plan application on 09/25/2018 and
continued the public hearing to 09/25/2018, 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
09/25/2018;
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 58-2018 JOHN R. BUCHANAN. Introduced by David
Deeb who moved for its adoption;
Per the draft provided by staff conditioned upon the following conditions:
1) Waivers request granted:
2) Adherence to the items outlined in the follow-up letter sent with this resolution.
a) If application was referred to engineering, then engineering sign-off required prior to
signature
of Zoning Administrator of the approved plans;
b) Final approved plans should have dimensions and setbacks noted on the site
plan/survey, floor
plans and elevation for the existing rooms and proposed rooms in the building and site
improvements,
c) Final approved plans, in compliance with the Site Plan, must be submitted to the
Community Development Department before any further review by the Zoning Administrator
or Building
and Codes personnel;
d) The applicant must meet with Staff after approval and prior to issuance of
Building
Permit and/or the beginning of any site work;
e) Subsequent issuance of further permits, including building permits is dependent on
compliance
with this and all other conditions of this resolution;
f) As-built plans to certify that the site plan is developed according to the approved plans to
be
provided prior to issuance of the certificate of occupancy;
g) Resolution to be placed on final plans in its entirety and legible.
Motion seconded by Brad Magowan. Duly adopted this 25th day of September, 2018 by the
following vote:
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AYES: Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb, Mr.
Traver
NOES: NONE
MR. TRAVER-You're all set.
MR. JARRETT-Thank you very much.
MR. TRAVER-Next on the agenda is Daniel Hajeck.
SUBDIVISION PRELIMINARY STAGE 16-2018 & SUBDIVISION FINAL STAGE 17-2018
SEAR TYPE: UNLISTED. DANIEL HAJECK. AGENT(S): DONALD PIDGEON.
OWNER(S): DANIEL & BETH HAJECK. ZONING: MDR. LOCATION: 520 CORINTH
ROAD. APPLICANT PROPOSES A TWO LOT SUBDIVISION WHERE LOT 1 (0.61 ACRE)
WILL HAVE A SHARED DRIVEWAY WITH LOT 2 (0.73 ACRE). LOT 1 IS TO MAINTAIN
AN EXISTING HOME AND LOT 2 IS TO BE DEVELOPED FOR ONE NEW SINGLE FAMILY
HOME. PURSUANT TO CHAPTER 183 OF THE ZONING ORDINANCE SUBDIVISION OF
LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS
REFERENCE: AV 58-2018; 96427-5123 POOL; WARREN CO. REFERRAL N/A SITE
INFORMATION TRAVEL CORRIDOR OVERLAY ZONE. LOT SIZE: 1.48 ACRES. TAX
MAP NO. 308.15-1-2. SECTION: CHAPTER 183.
MR. TRAVER-As I mentioned earlier that application has been withdrawn. So we move along
to Gregory Garafalo, Subdivision Modification 20-2018.
SUBDIVISION MODIFICATION 20-2018 SEAR TYPE: UNLISTED. GREGORY
GARAFALO. AGENT(S): JONATHAN LAPPER. OWNER(S): SAME AS APPLICANT.
ZONING: MDR. LOCATION: LUZERNE ROAD. APPLICANT PROPOSES TO MODIFY
AN APPROVED SUBDIVISION. REDUCING LOT SIZE ON PARCEL -49.21 FROM 1.74
ACRES TO 1.23 ACRES AND TO INCREASE PARCEL -49.22 FROM 1.74 ACRES TO 2.25
ACRES. PURSUANT TO CHAPTER 183 OF THE ZONING ORDINANCE, SUBDIVISION OF
LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS
REFERENCE: SUB 9-2010, ADMIN. 3-2006; AV 62-2018; WARREN CO. REFERRAL:
N/A. LOT SIZE: 3.48 ACRES TOTAL. TAX MAP NO. 308.11-1-49.21, -49.22. SECTION:
CHAPTER 183.
GREG GARAFALO, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this applicant proposes to modify an approved subdivision, reducing lot size
on Parcel -49.21 from 1.74 acres to 1.23 acres and this also causes the increase in Parcel -
49.22 from 1.74 acres to 2.25. The applicant did receive a variance the other evening for lot
size.
MR. TRAVER-Okay. So they did get approval by the ZBA?
MRS. MOORE-Yes, they did.
MR. TRAVER-Okay. Good evening.
MR. GARAFALO-Hi. Greg Garafalo. As Laura mentioned I went to the Zoning Board and
presented what I presented to you for adjusting, just a lot line adjustment to make the two
houses have similar yards and more usable.
MR. TRAVER-So no changes as a result of your review with the ZBA from what we reviewed
previously?
MR. GARAFALO-No.
MR. TRAVER-Okay. Thank you. Okay. Questions, comments from members of the Planning
Board?
MR. HUNSINGER-No, when we talked about this before we pretty much said it was just a lot
line adjustment.
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MR. TRAVER-Yes, exactly. All right. Well this also has a public hearing and I'll ask again, is
there anyone in the audience that wants to address the Planning Board on Gregory Garafalo,
Subdivision Modification 20-2018? I'm not seeing any interest in that. Laura, do you have 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-This does require a SEQR review, and in this case it appears that we can re-
affirm, this is merely a lot line adjustment, we can re-affirm the prior SEQR Negative Declaration
for the original subdivision. Anyone have any questions or comments regarding that? All right.
Then we're ready for a motion for that.
RESOLUTION RE-AFFIRMING NEGATIVE SEQR DEC. SUB MOD 20-2018 GARAFALO
The applicant proposes to modify an approved subdivision. Reducing lot size on parcel -49.21
from 1.74 acres to 1.23 acres and to increase parcel -49.22 from 1.74 acres to 2.25 acres.
Pursuant to Chapter 183 of the Zoning Ordinance, subdivision of land 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;
Whereas, the Planning Board adopted Resolution SUB 9-2010, on 08/17/2010 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 SUBDIVISION
MODIFICATION 20-2018 GREGORY GARAFALO; Introduced by David Deeb. who moved for
its adoption, seconded by Brad Magowan;
Duly adopted this 25th day of September, 2018 by the following vote:
AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb, Mr. Dixon, Mr.
Traver
NOES: NONE
MR. TRAVER-You're all set.
MR. GARAFALO-All right. Thank you.
MRS. MOORE-Did you just do SEQR only?
MR. MAGOWAN-That was just the SEQR only. We've got one more to go.
MR. TRAVER-Sorry about that. All right. So does anyone have any questions or concerns
prior to doing a resolution for the Modification? No, then we're ready to go.
RESOLUTION APPROVING SUB MOD. 20-2018 GREGORY GARAFALO
A subdivision application has been made to modify an approved subdivision. Reducing lot size
on parcel -49.21 from 1.74 acres to 1.23 acres and to increase parcel -49.22 from 1.74 acres to
2.25 acres. Pursuant to Chapter 183 of the Zoning Ordinance, subdivision of land shall be
subject to Planning Board review and approval.
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Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-183, the
Planning Board has determined that this proposal satisfies the requirements as stated in the
Zoning Code;
The requirements of the State Environmental Quality Review Act have been considered and the
Planning Board has adopted a SEQRA Negative / Positive Declaration
A public hearing was scheduled and held on 09/25/2018;
This application is supported with all documentation, public comment, and application material
in the file of record;
MOTION TO APPROVE SUBDIVISION MODIFICATION 20-2018 GREGORY GARAFALO;
Introduced by David Deeb who moved its adoption.
Per the draft provided by staff conditioned upon the following where the property owner is
responsible for the following:
Motion was seconded by Brad Magowan. Duly adopted this 25th day of September, 2018 by the
following vote:
AYES: Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr.
Traver
NOES: NONE
MR. TRAVER-Now you're good. Sorry about that. All right. So next we have John
Kokoletsos. Subdivision Preliminary Stage 18-2018.
SUBDIVISION PRELIMINARY STAGE 18-2018 SEAR TYPE: UNLISTED. JOHN
KOKOLETSOS. AGENT(S): HUTCHINS ENGINEERING; BARTLETT, PONTIFF,
STEWART & RHODES, P.C.; VANDUSEN & STEVES. OWNER(S): SAME AS
APPLICANT. ZONING: MDR. LOCATION: 132 MONTRAY ROAD. APPLICANT
PROPOSES A TWO LOT SUBDIVISION OF A 4.28 ACRE PARCEL. ONE LOT TO BE 2.28
ACRES AND TO MAINTAIN EXISTING HOME AND DRIVEWAY ACCESS TO MONTRAY
ROAD. THE SECOND LOT IS TO BE 2.0 ACRES FOR A PROPOSED NEW HOME TO
HAVE ACCESS FROM PINECREST. PURSUANT TO CHAPTER 183 OF THE ZONING
ORDINANCE, SUBDIVISION OF LAND SHALL BE SUBJECT TO PLANNING BOARD
REVIEW AND APPROVAL. CROSS REFERENCE: AV 60-2018 WARREN CO.
REFERRAL: N/A LOT SIZE: 6.28 ACRES. TAX MAP NO. 296.13-1-26. SECTION:
CHAPTER 183.
TOM HUTCHINS, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this applicant proposes a two lot subdivision of a 4.28 acre parcel. One of
the lots is to be 2.28 acres and maintain existing home and driveway access to Montray. The
second lot is to be 2.0 acres and to have access on Pinecrest. The applicant did receive the
Area Variance to have access on Pinecrest the other evening.
MR. TRAVER-Okay. Thank you. Good evening. Welcome back.
MR. HUTCHINS-Good evening. Tom Hutchins with Mike Kokoletsos who is son of applicant
John Kokoletsos and the new parcel of the two lot subdivision will allow Mike to build a house
behind his father's house, and we did indeed receive, we requested a variance for 50 feet of
road frontage in lieu of 100 feet of road frontage for the parcel. Otherwise we believe we're
compliant in all respects and we did receive that variance. So we're here asking your support.
MR. TRAVER-Okay, and no changes as a result of the ZBA discussion?
MR. HUTCHINS-No changes.
MR. TRAVER-Thank you. Questions, comments from members of the Planning Board?
MR. HUNSINGER-I still say it's the strangest subdivision I've ever seen.
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MR. TRAVER-Yes.
MR. HUNSINGER-The shape of the lot.
MR. HUTCHINS-Yes, it's strange.
MR. SHAFER-Tom, is Pinecrest a Town road?
MR. HUTCH INS-Pinecrest is a Town road.
MR. TRAVER-We do have a public hearing on this application. Are there any other questions
from members of the Board before we go to public hearing? Is there anyone in the audience
that wanted to address the Planning Board on this application this evening? I'm not seeing
anyone. Laura, are there any written comments?
PUBLIC HEARING OPENED
MRS. MOORE-There's no written comments.
MR. TRAVER-Okay. Then we'll close the public hearing. This, too, is an Unlisted SEAR. So
this is a basically a lot line adjustment, a modification of a subdivision. So I don't have any
environmental impact concerns. Do any of the other members of the Planning Board?
MR. MAGOWAN-Not I.
MR. TRAVER-Why don't we go ahead and hear that SEQR resolution.
RESOLUTION GRANTING A SEQR NEG. DEC. SUB # 18-2018 JOHN KOKOLETSOS
The applicant proposes a two lot subdivision of a 4.28 acre parcel. One lot to be 2.28 acres and
to maintain existing home and driveway access to Montray Road. The second lot is to be 2.0
acres for a proposed new home to have access from Pinecrest. Pursuant to Chapter 183 of the
Zoning Ordinance, subdivision of land 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 Long EAF has been completed by the applicant;
Part 2 of the Long EAF has been reviewed by the Planning Board;
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 SUBDIVISION PRELIMINARY
STAGE 18-2018 JOHN KOKOLETSOS, Introduced by David Deeb who moved for its adoption;
As per the resolution prepared by staff.
1. Part II of the Long EAF has been reviewed and completed by the Planning Board.
2. Part III of the Long EAF is not necessary because the Planning Board did not identify
potentially moderate to large impacts.
Motion seconded by Brad Magowan. Duly adopted this 25th day of September, 2018 by the
following vote:
AYES: Mr. Magowan, Mr. Jackoski, Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr.
Traver
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NOES: NONE
MR. TRAVER-And before we congratulate the applicant, why don't we go ahead and look for a
motion as well. So does anyone have any concerns with going ahead with this resolution? All
right.
RESOLUTION APPROVING SUB PRELIM. STG. 18-2018 JOHN KOKOLETSOS
A subdivision application has been made to the Queensbury Planning Board for the following:
Applicant proposes a two lot subdivision of a 4.28 acre parcel. One lot to be 2.28 acres and to
maintain existing home and driveway access to Montray Road. The second lot is to be 2.0
acres for a proposed new home to have access from Pinecrest. Pursuant to Chapter 183 of the
Zoning Ordinance, subdivision of land shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-183, the
Planning Board has determined that this proposal satisfies the requirements as stated in the
Zoning Code;
The requirements of the State Environmental Quality Review Act have been considered and the
Planning Board has adopted a SEQRA Negative Declaration
A public hearing was scheduled and held on 09/25/2018;
This application is supported with all documentation, public comment, and application material
in the file of record;
MOTION TO APPROVE SUBDIVISION PRELIMINARY STAGE 18-2018 JOHN
KOKOLETSOS, Introduced by David Deeb who moved its adoption.
Motion seconded by John Shafer. Duly adopted this 25th day of September, 2018 by the
following vote:
AYES: Mr. Jackoski, Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Magowan, Mr. Traver
NOES: Mr. Hunsinger
MR. TRAVER-All right. You're all set. The next application is Rasheed Bhatti, Site Plan 46-
2018. Laura?
MRS. MOORE-Mr. Bhatti's not here at the moment. I don't know if there's anybody in the
audience to represent him, and I'm not seeing anyone. So I would move that towards the end
of the agenda.
MR. TRAVER-I'd love to. All right. Moving right along, under New Business we have Brian
Kendrick, N & D Restaurants, LLC.
NEW BUSINESS:
SITE PLAN NO. 57-2018 SEAR TYPE: UNLISTED BRIAN KENDRICK, N&D
RESTAURANTS, LLC. AGENT(S): NEIL TERWILLIGER, NUNNCO, INC. OWNER(S):
QUEENSBURY PLAZA I, LLC. ZONING: CI. LOCATION: 756 GLEN STREET (OLIVE
GARDEN). APPLICANT PROPOSES A NEW EXTERIOR ENTRYWAY FEATURE AND A
NEW PAINTING SCHEME OF THE FACADE TO THE OLIVE GARDEN RESTAURANT.
PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, NEW BUILDING
FACADE WORK SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL.
CROSS REFERENCE: SV 72-93; SP 35-92; WARREN CO. REFERRAL: SEPTEMBER
2018. LOT SIZE: 12.23 ACRES. TAX MAP NO. 302.6-1-51.2. SECTION 179-3-040.
NEIL TERWILLIGER, REPRESENTING APPLICANT, PRESENT
MRS. MOORE-So the applicant proposes a new exterior entryway feature and a new painting
scheme of the fagade to the Olive Garden Restaurant, and I've outlined the information in
regards to the elevation drawings that you have in front of you, and included in your Staff Notes
I took the Google image so you understood what it was and what it's going to be and I'll pull that
information up on the screen.
MR. TRAVER-Okay. Great. Thank you. Good evening.
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MR. TERWILLIGER-Good evening. My name's Neil Terwilliger. I'm representing N & D
Restaurants, LLC which owns Olive Garden. This particular application is part of a re-branding
that Olive Garden's doing across the country. In some cases the full tower has been added.
In this particular case, because of setbacks as I believe it, this has been sort of limited to putting
it on the front of the building. Everything will be pretty much attached to the building. There's
be no penetration down into the setback area. I do, since the application was submitted, Olive
Garden would like to propose what they feel is a minor change to two aspects of things. I'd like
to present that to the Board. I only have the one small thing. I can walk it across in front of
you. The application calls for the coping on the top of all the parapets to be this particular color.
They'd like it to be the darker color as shown in this application. That is one of the changes,
and then the other one is the, as you can see up there, fa the signage is shown over the door
window facade.
MR. TRAVER-Right.
MR. TERWILLIGER-Which actually puts it a little further back from I guess it's Route 9 if I have
my directions correct. We'd like to take the awning down, leave the awning here the way it is,
take the awning down here and put the sign in that particular location.
MR. TRAVER-Okay. A couple of questions. First with the sign. Are there any dimensional
changes or changes in the size of the lettering, anything other than the placement on the
building itself?
MR. TERWILLIGER-No, no dimensional changes other than placement of the sign.
MR. TRAVER-Okay. Thank you, and with regard to the proposal for the color change, no
physical change to the structure. It is merely a change in basically the paint?
MR. TERWILLIGER-In terms of this area here. This is being added. This particular stone
facade. It's being added to the front.
MR. TRAVER-And is that not part of the?
MR. TERWILLIGER-Yes, that's part of the application.
MR. DEEB-You're just changing the color.
MR. TERWILLIGER-Yes, the only change is the color.
MR. TRAVER-That was my only question. All right.
MR. TERWILLIGER-Yes, none of that changes from the original application that was submitted.
MR. T RAVE R-Understood. All right. Thank you. Thanks very much. One question that
came up, and it's also in the Staff Notes, in regards to the lighting plan. The application says
there's no change to the lighting plan for the project?
MR. TERWILLIGER-Right. No, there is not.
MR. TRAVER-Was there any discussion about changing the fixtures from what's there now to
something different, for example LED? There wasn't any note of that on the application but that
would be a change.
MR. TERWILLIGER-I can't answer that question.
MR. TRAVER-Okay.
MR. TERWILLIGER-I don't know, to be honest with you.
MR. TRAVER-Okay. Thank you very much.
MR. DEEB-There's nothing on the Site Plan that changes that.
MR. TERWILLIGER-No.
MR. TRAVER-No.
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MR. TERWILLIGER-My guess is that it would be LED, just because of the fact that everything,
the Darden Restaurants, the parent company for N & D Holdings, it has had a significant effort
for the last five or six years to do as much green development as possible, whether it's lighting,
it's plumbing fixtures and water usage and so forth. So any opportunity they get, they try to do
that. I can't honestly tell you that that's what was told to me, but I do know that as a matter of a
course of their business.
MR. TRAVER-That's been their practice. Okay.
MR. TERWILLIGER-Yes.
MR. TRAVER-And just out of curiosity, I know at least at one time, or I believe I understood at
one time that Red Lobster was also a part of that organization. Is that still the case?
MR. TERWILLIGER-They were. No, they're not.
MR. TRAVER-They're not.
MR. TERWILLIGER-When the two of them were initially built, and I was telling Laura this, I was
responsible for those when they were built initially as well as this re-model for Olive Garden.
Back in 2015 1 believe it was, Red Lobster was spun off from Darden Restaurants and they're
their own, they're owned by a venture capital company, but they're their own company.
MR. TRAVER-1 thought I heard that, but I wasn't sure.
MR. TERWILLIGER-Yes.
MR. TRAVER-Thank you for that. Questions, comments from members of the Planning Board?
MR. MAGOWAN-Mr. Chairman, it does say on the front page on divisional lighting, it says other
light fixtures see Sheet A-2.1. And there isn't one.
MR. TRAVER-Okay.
MR. MAGOWAN-So, I mean, they don't have a lighting plan so they really can't change
anything on the lighting. Correct?
MR. TRAVER-Well, that's what we're going to talk about. So, Laura, I know that you were
curious about that and the fact that there might be something going on with LED's as we've
seen at other projects.
MRS. MOORE-So I would suggest, so our building standard for a foot candle average of your
building can't exceed one foot candle. So if the applicant is proposing, whether they know or
don't know at this time, the Board could condition if LED light fixtures are changed out on the
building to not exceed one foot candle, and that way the applicant can talk to their client and
then they're covered. If they need to change it they can add it to their final sets of plans.
MR. TRAVER-Okay. That sounds agreeable.
MR. TERWILLIGER-That's acceptable to me. Thank you.
MR. TRAVER-Okay.
MR. HUNSINGER-Thanks, Laura.
MR. DEEB-Changing the lights, not adding.
MR. TERWILLIGER-Right.
MRS. MOORE-Changing the fixture type I think is what, you used a good terminology.
MR. TRAVER-If the number of fixtures were to change, if it were beyond simply changing the
fixture from one to another, then they would need to submit a formal plan. Correct?
MRS. MOORE-Yes.
MR. TRAVER-Okay.
18)Fll l Board �::u�)1'4` 511'4`".�::u I<�iruiruuiru,h.Y
MR. TERWILLIGER-Yes, and this particular elevation, I don't know if you can see it on that, but
I can point it out. There are two small light fixtures mounted over, there's a manager's placard
and then an hour of operations placard flanking the sides of the doors. Those will have small,
probably something in the neighborhood of this particular coffeepot type shape lighting fixture
that'll shine down on those placards.
MR. TRAVER-And those are not there now? These are being added?
MR. TERWILLIGER-No, they would be replacing what was there. I believe there are lighting
fixtures outside.
MR. TRAVER-All right. Well that's something that we will.
MRS. MOORE-To be reviewed by the Zoning Administrator.
MR. TRAVER-Yes, to be reviewed by the Zoning Administrator. If they're changing type, then it
needs to go to the Planning Staff. If they're changing not just type but also the number.
MRS. MOORE-It may have to comeback. I don't know for sure. So it may have to comeback
if he's adding fixtures.
MR. TRAVER-Right.
MR. DIXON-There's two fixtures on the entryway.
MR. TRAVER-Right. They're just updating them. They're there now. They're just replacing
them with something different, but the total number isn't changing. Then as long as they don't
exceed the one foot candle we're okay, but if they get into anything more elaborate than that
then they're going to need to submit the information to Laura and it will be judged at that point
whether anything further needs to be done.
MRS. MOORE-So there are two placards up front now.
MR. TRAVER-Right, but I don't see any lights.
MR. TERWILLIGER-You're right I don't see any lighting there. It's probably up underneath the
awning which you can't see.
MR. TRAVER-Okay. Well that's something if you could work with Laura and her staff on that
and she'll make a judgement as to whether anything needs to be concerned. Our main
concern in terms of planning is really in regards to the foot candles and so on and light pollution
is a problem that's growing and we're very concerned about it. If you start adding a lot of
fixtures, even if individually they don't seem to be brighter than what is there now, it could still
add cumulatively to the lighting.
MR. TERWILLIGER-Yes. Understood.
MR. TRAVER-So if you would work with Laura on what's going on with the lighting, just clarify
that for us that would be a condition.
MR. TERWILLIGER-Okay, and I'm sure there's a cut sheet already picked out.
MR. TRAVER-I'm sure there is.
MR. TERWILLIGER-Unfortunately I don't have it with me, but I can have it sent up. I'll e-mail
back to Orlando and we'll get it sent up here tomorrow.
MR. TRAVER-Okay. All right. With regard to the other, the paint scheme and so on, do
members of the Planning Board have any concerns with that?
MR. DEEB-I think it's subdued. I like it. It's not garish.
MR. TRAVER-Okay.
MR. HUNSINGER-No I think it's very attractive.
MR. DIXON-1 think overall it's a big improvement on the building.
Board 0�;)1:.51"'"C::u 1 8)
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MR. TERWILLIGER-Yes, it looks very nice.
MR. TRAVER-Okay. Well we do have a public hearing on this. So if there are no other
questions at this point from members of the Board, we'll go to the public hearing and I'll ask if
there's anyone in the audience that wanted to address the Planning Board on this application
this evening? I'm not seeing anyone, and, Laura, are there any written comments that you're
aware of?
PUBLIC HEARING OPENED
MRS. MOORE-There are no written comments.
MR. TRAVER-Okay. Then we'll close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-This also has us doing a SEQR review and resolution. They're really just
changing the fagade, the colors and so on. The lighting plan sounds like it will take care of
itself if they're actually going to LED's then from an environmental standpoint they would
actually be less of an impact. So I don't have any environmental concerns, but I'll ask if other
members do? All right. Then we can proceed with a SEQR resolution.
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP # 57-2018 BRIAN KENDRICK
The applicant proposes a new exterior entryway feature and a new painting scheme of the
fagade to the Olive Garden restaurant. Pursuant to Chapter 179-3-040 of the Zoning
Ordinance, new building fagade work 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 57-2018 BRIAN
KENDRICK, N&D RESTAURANTS, LLC. Introduced by David Deeb who moved for its
adoption.
As per the resolution prepared by staff.
1. Part 11 of the Short EAF has been reviewed and completed by the Planning Board.
2. Part III of the Short EAF is not necessary because the Planning Board did not identify
potentially moderate to large impacts.
Motion seconded by Brad Magowan. Duly adopted this 25th day of September, 2018 by the
following vote:
AYES: Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr.
Traver
NOES: NONE
MR. TRAVER-Next we have the Site Plan resolution, and I know you've added some conditions.
So if you would read that for us.
RESOLUTION APPROVING SP # 57-2018 BRIAN KENDRICK, N & D RESTAURANTS, LLC
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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 exterior
entryway feature and a new painting scheme of the fagade to the Olive Garden restaurant.
Pursuant to Chapter 179-3-040 of the Zoning Ordinance, new building fagade work 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 09/25/2018 and
continued the public hearing to 09/25/2018, 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
09/25/2018;
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 57-2018 BRIAN KENDRICK, N&D RESTAURANTS,
LLC. Introduced by David Deeb who moved for its adoption.
Per the draft provided by staff conditioned upon the following conditions:
1) Waivers request granted:
2) Adherence to the items outlined in the follow-up letter sent with this resolution.
a. If light fixtures are changed to LED bulbs, the bulbs are not to exceed an average of
one foot candle.
b. If light fixtures are altered or changed, including the number of fixtures, then Planning
Department review is needed.
c. Site Plan changes as presented at the meeting are acceptable to the Board. (Color
of top building border to a darker brown color and south sign relocation.)
Motion seconded by Brad Magowan. Duly adopted this 25th day of September, 2018 by the
following vote:
MR. SHAFER-Should that one foot candle be average?
MRS. MOORE-Yes.
MR. TRAVER-Yes.
MR. DEEB-Not to exceed an average of one foot candle.
MRS. MOORE-Just confirm, the application has changed in its visual. So you're also
approving what the applicant described this evening, that the upper fagade is changing to this
Clinton Brown color scheme and that the south side sign has been moved to a different location.
MR. TRAVER-Right.
MR. DEEB-So that has to be in the conditions?
MRS. MOORE-That you're aware that he's changed.
MR. TRAVER-We're acknowledging that, yes.
MRS. MOORE-You're acknowledging it. It's not a condition, but you need to be clear that the
application has changed this evening from what was submitted.
MR. TRAVER-I think we just made it so. Right?
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MR. DEEB-Well I could add, C, Site Plan changes are acceptable.
MRS. MOORE-Yes.
MR. TRAVER-Yes, why don't you do that.
MR. DEEB-All right, and C, Site Plan changes are acceptable to the Board.
AYES: Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb, Mr.
Traver
NOES: NONE
MR. TRAVER-You're all set.
MR. TERWILLIGER-Thank you very much.
MR. TRAVER-Moving on. Also under New Business. The next application is Apex Capital,
Site Plan 60-2018.
SITE PLAN NO. 60-2018 SEAR TYPE: UNLISTED. APEX CAPITAL. AGENT(S):
STUDIO A LANDSCAPE ARCH. DPC. OWNER(S): SAME AS APPLICANT ZONING:
RC/MDR. LOCATION: 43, 47 & 59 WEST MOUNTAIN ROAD. APPLICANT PROPOSES A
MULTI-PHASE PROJECT FOR UPGRADES AND NEW PROJECTS FOR WEST MT.
FACILITY. PHASE L PROJECT I INCLUDES A 782 SQ. FT. ADDITION TO THE EXISTING
KITCHEN AREA WITH TWO CONCRETE SLABS — 105 SQ. FT. FOR COOLER
CONDENSERS AND 58.5 SQ. FT. FOR DELIVERY ENTRANCE AREA. PROJECT 2 IS TO
BE 60 X 100 (6,000 SQ. FT.) ADDITION TO AN EXISTING 3,000 SQ. FT. METAL BUILDING
TOWARDS THE SOUTH SIDE OF THE BUILDING. PROJECT 3 IS TO BE A CANOPY
WALK TO COVER 5 ACRES WITH 5 CANOPY PATHWAYS IN THE TREES (NOTE PHASE
2A). PURSUANT TO CHAPTER 179-9-1-101 OF THE ZONING ORDINANCE, EXPANSION
OF A RECREATION CENTER SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. CROSS REFERENCE: AV 92-2002 CREATE 2 NONCONFORMING LOTS,
SP 22-2008 ADDITIONS & DECK, SP 34-2011 ALPINE SLIDE & ZIP FLYER, SP 61-2011
SHED ADDITION; WARREN CO. REFERRAL: SEPTEMBER 2018. LOT SIZE: 365.43
ACRES/1.13 ACRES/3.41 ACRES. TAX MAP NO. 307.4-29, 315.5-1-3.2, 315.5-1-2.
SECTION: 179-3-040.
SPENCER MONTGOMERY & JEFF ANTHONY, REPRESENTING APPLICANT, PRESENT
MRS. MOORE-So this applicant proposes a multi-phased project for an upgrades and new
projects for the West Mountain facility. I'm going to read through Project One and Two
because they're the easiest. Project One is the addition to the existing main lodge to the
kitchen area, south side of the building. There are no site changes associated with that portion
of the project. Project Two is an addition to an existing maintenance building and the project
includes changing an existing gravel drive area and re-working that to go around the proposed
maintenance building. Project Three is a canopy walk to be installed at the top of the mountain
on the southwest side. I did identify some questions for the applicant to address. The
applicants reviewed my Staff Notes. They do have some information and the applicant has the
individual that actually installs the canopy walk here and I have some videos that they have
provided to me.
MR. TRAVER-Okay. Good. Good evening. Well, first congratulations on your project. It
wasn't that long ago that everyone was quite concerned about West Mountain and here we are
now continuing to make improvements in it. So that's wonderful news. It's better for the Town
and congratulations. So tell us about your project.
SPENCER MONTGOMERY
MR. MONTGOMERY-There's a couple of phases.
MR. TRAVER-The Secretary has reminded me that you need to identify yourself for the record.
We do record the minutes here.
MR. MONTGOMERY-Yes. I'm Spencer Montgomery. I'm one of the co-owners of the ski area
with three other partners, and I'm also the on-site operator.
MR. TRAVER-Okay, and the gentleman with you?
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MR. MONTGOMERY-This is Chris Jones. He's from AJA Architecture. They're the ones who
are doing the layout, and the Jeff Anthony who is doing basically the site
MR. ANTHONY-Site planning, architecture, engineering.
MR. TRAVER-Good. Okay. Thank you very much. Sorry to interrupt.
MR. MONTGOMERY-Yes, no problem. I'll just do a brief overview and these guys will speak
some. Basically there's a few things going on. One thing that we're addressing is the need to
renovate the cafeteria. A lot of parts of the Ski Center have been fixed up over the last five
years, and primarily we've done a lot of infrastructure as far as snow making pipeline. A lot of
the stuff is very visible. It's replacing stuff in the Ski Center. It opened in 1962, Christmas Day
and I won't say the stuff dates to back there, but some of it does, and as someone likes to say
it's the Eisenhower era. So we've been basically just, our game plan from the beginning was
not really to re-invent the wheel. It was basically to keep a family ski center and fix what we
had. Really it's large enough as it were. The ski area has about 120 skiable acres. It's on a
370 acre footprint. There's plenty of trails. There's plenty of vertical drop to appeal even to
people coming up from Downstate, put us in the same category with like an Okemo Mountain.
Maybe Holiday Valley, Jiminy Peak. The Ski Center itself had really shrunk, not in footprint but
in operations. One of the lifts that we replaced had been installed in 1963 originally as a used
lift then believe it or not, and so that's what we've been attempting to do is basically take the
exact same footprint, the same trails, and just bring them back on line. The Ski Center itself
was in decent condition. So we've spent a lot of years working on that. Now the next sort of
area that we're moving into is two phase. One is to create summer business at the ski area.
Right now I mean basically we operate for all intents and purposes about three solid months,
and there's wings on either side of the operating season that we stay open but really aren't
revenue generating. So that puts you in a position of a poor winter. Potentially really
adversely putting you out of business or also just.
MR. TRAVER-You do have some music events, right, during the summer?
MR. MONTGOMERY-We haven't. We've been doing the fall festival. We applied for like multi
permits to do stuff, but to be honest with you we've been doing so many projects it's been very
difficult to do any type of business. We did the fall festival last year, and the year before, '15
we skipped it because we were doing the chair lift and that does bring in some revenue, but in
the grand scheme of things we're a ski center. So if you look at it on a revenue basis I think the
fall fest brought in gross revenues of around $40,000. The Ski Center brought in close to $2.3
million last year, which is, you know, not enough to sustain the ski area. I mean the investors
have been putting money in every summer. So at the end of the year the doors close and then
sort of the nightmare starts figuring out how we're going to get open the next season which
always involves me, you know, dialing for dollars basically. So if we can get the summer
business to round that out, to give us a hedge against winter, that's one facet to make it, you
know, a viable venture, and secondly we've been basically operating half the Ski Center. Even
though the entire Ski Center's there, you know, we had very, very old snow making technology
and pipelines that couldn't sustain high pressure. We had plenty of water, you know, thank
goodness from the Town of Queensbury. So that wasn't an issue. So we started with the
least common denominator which was replacing old pipe lines so that the new high efficiency
guns can run on our system, which require, you know, at least north of 300 PSI in the pipelines,
and so we run now between 300 and close to 700 PSI to cross the Mountain. So you're not
necessarily talking more volume, just higher pressure. You can run a higher efficiency gun,
make more snow with the same amount of water. It's just a little more efficient. So that's what
we've been concentrating on. Now doing the summer business, many ski areas like
Camelback, Jiminy Peak are starting to do higher visits in the summer than in the winter. I'm
not anticipating that for us, but definitely we're in a market where if we were a Tenney Mountain
in New Hampshire, you know, this would all be over because we wouldn't have the location.
So my pitch to the investors has been we have probably the best location in New York State for
any ski area, maybe outside of Hunter, but we just have to build it, you know, people are
expecting more than two trails open in December, three trails, five trails, six trails open, and
then by February we get the other side of the Mountain open and we're close to closing. So we
want to get the entire Ski Center open early. I think that'll take the revenues up somewhere
over to four and a half million and I think really to break even for the Ski Center is about three
million dollars, any way you cut it, every dollar north of there has some portion of profit baked
into it. So that's one plan, and then the other is to add the summer business to it, and so we
have a few million dollars maybe higher than that coming in in the summer so that we're not
running on fumes for eight months a year, and that sort of protects the Ski Center. So part of
that is what we're here to talk about today which is the Aerial Adventure and the Canopy Zip
Line Tour, and then in the same breath we're still upgrading the actual ski area, and the one
1
Iairuiruuiru,
thing that had not been touched yet was the cafeteria which was the same cafeteria that's been
there as long as, you know, I used to hang out there a lot when I was four or five years old and
nothing's changed. So that hadn't been gutted yet and re-done. And it's a fairly large project
but that's a big part of our business, especially with the school programs. So we're going to re-
model the cafeteria and then the addition on the back is strictly for the coolers so it gives us
more of a footprint and we can make line Windom has or even Gore so we have a ski area, as
you're walking in you can see like the entire cafeteria. It's lit, fresh food options. Ours was old
that's all. It was outdated.
MR. TRAVER-And that's the concrete pads and so on that you're talking about.
MR. MONTGOMERY-Correct, for the back. So that's kind of the overview. We also, one issue
that we've had, and you'll see it in one of the projections here. One issue we've had is parking.
Now that we're starting, and this is an issue growing pains, which if they didn't exist, I mean, we
wouldn't even be having this conversation, but fortunately people are starting to come. The Ski
Center was down to about $1.8 million in gross revenue and we took over, and like I said it's
about 3.2 now, and that doesn't do it. Once the other side of the ski area is open, then I think it
becomes a profitable venture, but the parking issue, and people have seen this where we
currently, the main base, and then we have the other base which we haven't had any of the
amenities at. We got a building permit with the Town. We re-modeled the old lot and fixed
that up. We're going to add ticket selling over there, and hopefully replace that lift next
summer. Then we'll have two bases which will take a lot of pressure off. The other issue
we've had is parking, you know, like say fire on the mountain, or not every night of the week but
like Christmas week we'll have people parked a quarter mile down West Mountain Road on both
sides of the road and obviously that doesn't create a good experience for the patrons. We get
a lot of complaints about that. A lot of those people probably never come back, plus it's a very
difficult situation to manage. So we annexed about a three and a half acre piece of property on
the south end of our parking lot. There's a small house out on West Mountain Road. We
bought that, and we also bought the old Brandt house which is right on the corner of the parking
lot. So all in that's about four to four and a half acres of additional space that we were hoping
to use for overflow parking and I met with Craig Brown about it just to go over the rules and regs
with that we're zoned for recreational use, including where the Treetop Adventure is planned
and all that's currently zoned for recreation. We would be changing the zoning on that piece of
property and as he explained it to me that would require a 50 foot buffer between that piece of
property and the next piece which was zoned differently, and then do some sort of break with a
berm and trees and that type of stuff. So that's kind of just the basic overview. You guys
probably want to speak more in-depth about it.
CHRIS JONES
MR. JONES-So the first portion of this is really going to be that renovation and addition. This is
actually a pretty simple renovation and addition. We're just renovating the existing cafeteria
that's there, and then the addition portion, like Spencer said, is just for the two coolers. There'll
be a small office and a little storage room, and we're really not changing the roofline at all. It
would just be extended out for the addition. The existing color of the building, the brown, we're
proposing that you include some new board and batten siding that would wrap the addition two
walls that would be seen and then would wrap the brick, not brick but the block wall that is the
cafeteria just to dress the whole thing up. The existing West Mountain sign that's there would
just come off during construction and go right back up at the end. So there would be no
change there as well. That's pretty much it for the addition and renovation.
MR. TRAVER-Okay, and then, I'm sorry, I forgot your name, but as far as the site plan.
MR. ANTHONY-Yes, you had a, planning had a comment that we did not address stormwater
for that addition. We looked at that in more detail since the comment came in. It's the addition
plus the cooler pad and pad for the entrance area comes to about 945 square feet. That'll
generate about 109 cubic feet of stormwater. We're proposing to add to the site plan a 26 foot
by 5 foot by 4 foot deep area to accommodate that volume of stormwater, which would take
about 218 cubic feet, so we could add that to that south end of the building and accommodate
stormwater with a basically drip edge irrigation, stormwater management facility. We'll add that
to the stormwater plan.
MR. TRAVER-Okay. Thank you. Laura, a question regarding procedure. We have three
phases to the project now, and so, you know, we want to make sure we're not worried about
segmentation. We've got to move forward with Site Plan and all that. Procedurally how do you
see with the Phases One, Two, Three our proceeding as far as the Site Plan Review?
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MRS. MOORE-So under the Environmental Quality Review you are aware that there's three
phases. You would identify that there's three phases, and that each application that comes
before us you will evaluate SEQR again. So at this point we don't have enough information in
reference to say the zip line that's being proposed in the future or the parking area that's being
modified and the potential re-zone change that's coming. So right now we're only talking about
the three projects that are presented, the kitchen, the maintenance and the tree walk or the
Canopy Walk.
MR. TRAVER-The Canopy Walk. Okay. So the zip line and the parking expansion will be on
hold pending more information.
MRS. MOORE-More information through another site plan application process.
MR. TRAVER-Okay. All right. Do members of the Board understand that phasing aspect?
Okay. All right. So we'll open it up for questions, comments from members of the Board.
MR. DEEB-I think that was the Kennedy era.
MR. MONTGOMERY-Yes. Okay. Well that's what somebody said to me.
MR. MAGOWAN-He is a little young.
MR. DEEB-Your modification to the kitchen, will that improve kitchen productivity so you'll be
able to put more food out and more?
MR. MONTGOMERY-Yes, I'm anticipating probably doubling it. I think the cafeteria last year
did about$280,000 in gross revenue. It's got pretty good margins obviously. As a comparison
the restaurant bar upstairs did about $340,000. So without the bar business, I mean, and that's
school programs. We have, once they tail off the end of February, but yes the flow will
increase. Right now you come in through a door and you go down a long plywood counter that
we've all walked down for 50 years.
MR. DEEB-It'll be an improvement I'm sure.
MR. MONTGOMERY-It'll open it. You'll be able to, there's going to be a beam across the front.
So when you're sitting in the lodge now, there used to be just two old swinging doors and you
couldn't go in those. You would go around the back out to the lobby and come in. Now that's
going to be completely opened. We've hired Mike Rozell to come in and put a large steel beam
across the front and that cafeteria was built, the Brandts built it in a way with these what are
called T's and pretension joists basically, cabled tension and then the pour the concrete around
them, you know, they'd probably hold up, that's the way the Brandts built things, but the nice
thing about it is the span the entire cafeteria and it's an enormous space. So once that beam is
replaced that'll hit that load and you'll be able to look in from the lodge directly to this big open
horseshoe. So we're going to have coolers and grab and go. Then we're going to have pizza,
a big pizza oven, and then we're going to have a grill to order center and then we're going to
have hot foods and pastries and then we're going to have a sandwich bar on the other side and
more grab and go coolers. So people will, it should really, right now it's very difficult and it's
amazing how much we sell, to be honest with you, because it's not set up very well.
MR. TRAVER-Skiing generates a lot of calories.
MR. MONTGOMERY-Yes, no those kids all come in with twenty dollar bills.
MR. DEEB-It sounds like a really good improvement
MR. MONTGOMERY-Yes. It'll be one of the bigger upgrades. It'll be right up there with
replacing a chairlift to be honest with you.
MR. TRAVER-One of the more noticeable ones to the public.
MR. MONTGOMERY-Yes.
MR. TRAVER-Other questions and comments? We do have a public hearing as well. So we'll
be going to that.
MR. DIXON-1 do have a quick question. In the application that you had filled out does any
portion of this site, proposed action or lands adjoining proposed action contain wetlands. So is
that a manmade pond that's?
18
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MR. MONTGOMERY-It is.
MR. DIXON-All right, and what are you planning on doing with it?
MR. MONTGOMERY-Well the pond we used to use for snowmaking. As recently as about
three years ago we did, and the older snow guns required a little bit of particulate in the water, in
fact they used to put this stuff called Snow Max in, and because if you're going to make a crystal
of snow, the snowmaking technology is basically spraying the water out similar to spraying a
garden hose up in the air when it's cold out and it freezes, but that's not snow. So when
snowmaking technology came around they had these things called nuculators. That's why
there's those compressors on every gun. They inject tiny beads of water at high pressure into
the water that's coming out and the snowflakes form around them. So the pond water used to
assist in that, because it's kind of dirty, you know, it had silt in it.
MR. TRAVER-The technical term is condensation nuclei I found out.
MR. MONTGOMERY-It is? Okay. Duly noted.
MR. TRAVER-1 was doing some homework, yes.
MR. MONTGOMERY-And so that pond water we used to mix, and it wasn't really a savings.
There's not a ton of water in that pond. We don't have the use for it anymore because with the
snowmaking technology it's just not as important, like the new guns run fine on straight Town
water, and they don't have, the particulate also wears the nozzles of the guns. So to answer
your question we don't have any plans right now for that pond. We've just cleaned it up around
there, and it's largely filled itself in. It has a plastic liner. We have about 15 feet deep of sand
in the parking lot. We put a new water main in last year with the Town of Queensbury and just
for about as far as you can dig it's beach sand, and it was explained to me by John Strough
that's because that was the edges of Lake Albany when it used to be dammed up in Albany and
that was the shorelines were the mountains. So it's all sand. So if you took the liner out of that
pond, it would empty itself. So if we don't maintain the bladder it'll eventually just go away on
its own. We've thought of filling it in, where we but up against Ery Fowler's property there,
Erv's worked at the Mountain his entire life, or did. He's retired now, and we thought we would
go the other way to expand the parking lot, and we could fill that pond and pick up some parking
there, but it's not really, I mean it's kind of an amenity to the property so it looks nice. So no
plans right now on that.
MR. DIXON-Okay. So it is manmade. It's not natural at all?
MR. MONTGOMERY-That's correct. There's a spillway on the other end of it that goes out and
goes under the road. That basically only runs in the spring and there's spillways other places
on the property as well that I don't think are defined as creeks because they're completely dry
most of the year except in the spring runoff in the mountain. So there is water that goes
through the pond and comes out the other side through a culvert system and then in the spring,
you know, a pretty serious flow, a couple of feet wide, but most of the times of the year, like this
time of the year, you don't have any flow.
MR. DIXON-All right, and you intend on maintaining that at least?
MR. MONTGOMERY-Yes. You'd have a problem if you didn't. The parking lot would be
flooded. Gerhardt Clemenda is here. He's the gentleman, he's done a lot of treetop parks.
He's done the Bronx Zoo, and may not be now, but at some point he could talk a little bit about.
The Treetop Aerial Adventure is similar to other ones that they have, and that is going to be, it's
an event that's suspended in the trees literally, and there's no footings. There's no
construction. Everything is friction fitted in the trees. These are big clamps they put on the
trees. These are all wooden and they do adjust it from time to time. The zip line is a little
different. The zip line is actually a canopy zip line tour that will have five sections of cabling
coming down the mountain that you'll drop 1,000 feet in elevation and those will vary in length
somewhere from 2,000 feet to 800 feet. Those will require directing towers at each one of the
platforms, and I was speaking to Craig Brown about it he said he didn't believe there was a
height variance required because it would be part of our Site Plan Review but similar to Great
Escape, you know, they put a new ride in, they let you know, but, you know, the height thing is
under the recreational. So that would be a more involved project and I think that'll differentiate
us from a lot of other places that just have treetop tours. I think that would work on its own as a
standalone but the real draw will be kind of this, it's a, Gerhardt can explain it, but it's not one of
these big zip lines one and done where you get on and race to the bottom at 100 miles an hour.
It's an interactive ride that takes, you know, an hour and a half to two hours you do as a group
of people and you're going literally through the trees.
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MR. DEEB-The zip line?
MR. TRAVER-No, that's the canopy.
MR. MONTGOMERY-It's sections of zip line all the way down, not the Treetop Adventure.
That's just ladders and ropes and climbing stuff for fun.
MR. TRAVER-And that's going to be one of the pieces in the separate site plan, correct?
MRS. MOORE-My understanding is they were going to talk about the canopy walk tonight, as
part of their approval for one of the three projects tonight. So that's one of them.
MR. TRAVER-Okay, but not the zip line.
MRS. MOORE-Not the zip line.
MR. SHAFER-We're doing the building and the tree walk tonight.
MRS. MOORE-There's two additions, one's the maintenance building, and I don't know if we've
talked about the maintenance building.
MR. JONES-Yes, so we're talking about the addition to the kitchen building. Then you're also
talking about an addition to their current maintenance building. That would be a new metal
building that would be attached to the end. Then you're talking about the canopy walk up top.
MR. MONTGOMERY-Yes, and just so there's no confusion, up top is called the Treetop Aerial
Adventure. So that you're in the treetops, and then the confusion is the zip line is actually
referred to as a canopy, it's a canopy zip line tour. So you're going down these zips, but you're
in the canopy of the trees.
MR. TRAVER-Okay. So as far as process, the zip line and the parking are what are going to
be on a separate thing.
MRS. MOORE-Future.
MR. TRAVER-Okay. Very good. Then, sir, if you would like to tell us about the canopy walk,
and take the microphone if you would because we do record the meeting and also transcribe
the minutes. So state your name for the record and tell us about the project.
GERHARDT CLEMENDA
MR. CLEMENDA-So my name is Gerhardt Clemenda and I'm originally an Austrian forester and
I have worked with trees for most of my life and the company that I started is called Tree-
mendous because we build aerial adventures mostly in trees, and we have done so throughout
the country and actually outside of the country as well. We are a certified LEED corporation so
a green company. We don't use pressure treated wood. We use only cedar and Black
Locust. The cedar is actually the Eastern White Cedar so we keep our carbon footprint low.
We don't drill into trees at all. We don't screw into trees. It's all friction locks and gravity locks,
and we have done that in very prestigious places. So the San Diego Zoo has the Jungle Rope
Safari, one of our attractions, and last year we built a very big part for the Bronx Zoo along the
Bronx River and it's entirely built in trees and every tree belongs to New York City so we said
that's not going to happen, and luckily because of my bid they agreed to it, but it's doing very,
very well. And the mountain is, this mountain is extremely beautiful and has relatively short
hardwood trees up there because of the wind and the weather. They're short but very strong,
very sturdy, slow growing, and we will be able to put a series of aerial trails in that are kind of
mimicking what the ski resort already does. So you have trails that are really easy and then we
go all the way up to a double black diamond. Very, tricky, very hard to do, but that's kind of an
incentive for people to come back and they're like well, I'm going to work out until I manage to
do that. Many, many mountains have put them in. So we have worked for Berkshire East
Mountain Resort. We have worked for a number of them and they're all really, really happy that
they did what they did because it's, not only does it generate revenue but it's an absolutely
healthy ingredient to the tree. It's pretty stunning to come, if you come to a park and you sit in
the parking lot and you watch people peeling out of cars, I wouldn't say aggressive, but nerved
and stressed from the long drive from the City and after half an hour they're helping each other.
They're talking to other people. There's socially something really significant that's happening.
Also part of our mission. That particular attraction self-guided so we have safety gear that
does not allow people to accidentally unclip. So the gear things for people and the staff. So
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human error is virtually eliminated. We use the gear from Germany where you have two clip in
devices and once you have one open the other one will not open anymore. So once you're on
the line you're on the line. The only way you can take that off is by clicking that one in, and now
you can take that one off. So that has been around the world for a long time, those devices,
and knock on wood flawless track record. Also the harnesses are full body harnesses. So
bigger people have a tendency to invert when they fall and invert and fall out. It can't happen
with this. So this has been a really well thought through improvement process that went
through the Risk Management Departments all around the country, and so as Spencer said, the
terminology, we call it an Aerial Adventure park. There is no official term yet in the U.S. for it,
and Europe, they're all called in every language more or less an adventure park. Here it's from
tree to tree or Treetop Adventure, but that's what is meant by that. When one speaks about a
canopy tour, the traditional canopy tour would be like in Costa Rica in the jungle you have
suspension bridges literally going through the canopy. However in the zip line industry adapted
that if your zip lines are not just a thrill ride where you have one line coming down an open
space, but if it meanders through the trees along the mountain, then it becomes a zip line
canopy tour. So just to get the terminology clear.
MR. TRAVER-Okay. Thank you for that explanation.
MRS. MOORE-Do you want me to run the video? There's two videos.
MR. TRAVER-By all means.
MR. DEEB-Before you do that, how many acres does this encompass, this whole thing?
MR. JONES-The portion up top would encompass five acres across.
MR. SHAFER-If I want to do the blue trail I have to go to Hub A. How do I get there?
MR. MONTGOMERY-So everything up top is going to be accessed by going up the chairlift and
you'll get off at the top and it'll be just a walking path with woodchips. You'll come down and
then you'll be able to sort of pick your difficulty level but it's all on foot.
MR. SHAFER-So if I do the blue trail I go down to the end. Do I then go back to the hub?
MR. MONTGOMERY-You go down and then you have to traverse back or you can go to a
different hub.
MR. CLEMENTA-So it's really similar to the ski resort. You pick your trail and you can ask the
staff and there will be maps that explain to you that one is really easy. That's for beginners.
You want to try this first. This one is intermediate, etc. So that's clearly depicted, and once
you complete a course it's up to you how fit you feel to take the double black diamond next.
MR. TRAVER-Okay. Thank you.
MR. DEEB-Do you have a weight limit?
MR. CLEMENTA-Yes, 275 pounds, and that has mostly to do with not so much the weight
because the cables are rated for 30,000 pounds. It's more of a certain nimbleness and fitting
through the elements without causing a traffic jam.
MR. TRAVER-All right. Well let's look at the video, Laura.
MR. CLEMENTA-We also build suspension bridges. So that's one of the hubs in another part
with three access ladders there. There's actually eight trails going from that particular hub.
That's up in Massachusetts. Those are the clipping devices I talked about. So you clip on the
same device. You see one of the clamps on the trees. We also build treehouses. We do a
lot of work for children's camps.
MR. DEEB-Did you ever build one from tree to tree? Have you heard of that?
MR. CLEMENTA-Yes, I've heard of that.
MR. TRAVER-All right. So what is this that we're about to see, Laura?
MRS. MOORE-So this is the Bronx Zoo.
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MR. CLEMENTA-That's from the Bronx Zoo. The Wildlife Conservancy made that video, the
tree to tree attraction and also across the Bronx River.
MR. TRAVER-So the elements that we're seeing here are going to be part of this as well?
MR. CLEMENTA-Similar. Yes.
MR. TRAVER-Okay.
MR. CLEMENTA-Yes. It's beautiful piece of land. It hasn't been used for 150 years.
MR. TRAVER-Very good. Thank you, Laura.
MR. MAGOWAN-You know you talk about those safety clips. I walked the Sidney bridge
where you shoot up and you put the clip in and then once you get to your station this thing locks
on and you literally do the whole bridge and all the way back down, stairs, and you never, and it
goes around and it's amazing and the guy that designed it did something on a sailboat I think,
sailing solo, and this is how he got around the sailboat with a cable and never came, it was the
most amazing thing, and you didn't even know it was on. It just kind of followed you along,
click, click. So the safety factors of these have come so far, and how you can click one on and
not get the other one off. I have to say, Mr. Montgomery, that all that you have done to this
mountain, all of you that the investors, it looks great and I'm so happy that you're doing us and
bringing this to us, and the kitchen, what an improvement that will be. I just went up to a
funeral, Hickory, that's where I grew up skiing. It's just, you know, the change is always good.
So I'm happy for you.
MR. MONTGOMERY-Thanks. It's been a good experience so far. I do have some investors.
I'm not the capital partner. I'm the working partner. They've taken on some incredible risks.
MR. MAGOWAN-But there's so much potential.
MR. MONTGOMERY-Yes, and that speaks to the potential of West Mountain. I mean it's
bizarre that Queensbury could possibly be in the category of, Sara's back there, my wife, and
we've been to Stowe and some other places, and they're really kind of branded as a ski town,
and that's a big enough mountain. Family's coming up from down south or wherever don't want
to chase their kids around a three, four thousand foot mountain. That's very manageable. You
know where your kids are. So, yes, it's location. Otherwise I'm sure it would be a different
story.
MR. MAGOWAN-And I have to say that would definitely help you out for the summer because
that mountain has so much potential and you're opening it up.
MR. MONTGOMERY-Yes, Camelback is now doing more ski visits in the summer than they do
in the winter, which would have been hard to imagine years ago, and I believe Jiminy Peak is
also doing more summer visits now, and Gerhardt ran projections for us looking at other
mountains that they've built, and, you know, if those, I know it takes a while for word to get out,
but if those come to fruition, we would be equally balanced, the ski area probably comes up
maybe another 50 to 70% from where it is. That summer business might end up being an
equally weighted component and then we're really out of the woods as far as.
MR. MAGOWAN-Well we've got to be because we're built on tourism and our summer really
cranks in. That is, I mean John's already mentioned that he wants to start right off with the
double diamond with me.
MR. TRAVER-So notice, and you're aware that in the Staff Notes there are a number of
questions or details that we need. Does the walk operate during all seasons? I wouldn't think
you'd be operating during the winter.
MR. MONTGOMERY-So, yes, the walk will be primarily, the Treetop Aerial will run summer and
I imagine fall as well. I mean fall is kind of a good time, and then maybe weekends only. The
tourist season sort of pares off, and we really have to be conscious of staffing. The ski area
staffing component is, it's almost 50% of our gross revenue. What we did in payroll is about
$1.3 million last year, which is fine, but I mean it is labor intensive. So it may tail off some in
the summer, but summer and fall, maybe some in the spring and what we're thinking of doing is
I guess some people in the spring do group bookings, school programs. Once the school
programs stop for skiing, corporate events, school programs. So there may be someone that
reserves the park. So, yes, that's the answer to that question. Not to step outside of that, but
the zip line, that's a little different. That runs, many of those do operate in the wintertime.
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MR. TRAVER-Right, but we're not discussing that at this time.
MR. MONTGOMERY-Right. Yes.
MR. TRAVER-And then this would be, again, talking about the canopy walk, this would be
daytime? You wouldn't be operating at night?
MR. MONTGOMERY-Initially it would be daytime. There are parks that do operate at night, so I
definitely think that this, I mean obviously we would have to wait and see if there was demand to
do it, but I definitely anticipate probably a Friday and Saturday night.
MR. TRAVER-So for planning purposes we should consider the approval in the context of
operating both day and night, whether or not you've initially asked for both or not?
MR. MONTGOMERY-Yes.
MR. TRAVER-Okay. Thank you for that.
MR. DEEB-I'm confused. You're not going to open during the winter?
MR. MONTGOMERY-Not on the treetop, no.
MR. TRAVER-And I think you answered this, the walk only accessible from the chairlift, right?
Everyone that uses that is going to access it by the chairlift?
MR. MONTGOMERY-Yes and they'll go down by the chairlift as well.
MR. TRAVER-Okay, and there's trails, obviously, with signage that are for the third one, patrons
will be driven to the walk or will they be guided to the walk. I'm assuming that the chip trails
that you mentioned will have signage directing them to the black diamond or the double black
diamond or whatever?
MR. MONTGOMERY-Yes, they'll be well denoted with paths and there'll be a lot of signage and
then in some areas there'll be, we use just the stakes with the little loop on top with the rope and
that's primarily to keep people from going off the trail. I mean that area up there looks like
something out of Lord of the Rings. I mean, it's really a lot of blowdowns, and none of that's
touched. This will all be in the air and that's kind of a whole element coming up from the City.
MR. TRAVER-And then what about tree Iimbing to accommodate the areas where the walk is
going to go?
MR. MONTGOMERY-It's fairly limited. It's just where the walk is in the trees, obviously you
have to have a clear path, but you're not taking and scalping a tree.
MR. CLEMENTA-Yes, the whole idea is to really create a forest experience for people. So
we're not trying to recreate a park situation.
MR. TRAVER-So there'll be a minimum amount.
MR. CLEMENTA-Very minimum. So it's an adventure park. If somebody has to duck under a
branch to get over a bridge that's totally fine. I don't even need to necessarily take that limb
down. So it's not like we're cutting alleyways where the elements go. It's more like the trees
actually determine where we can go and will go. Sometimes we go through the effort to, you
come into one deck and then you take a ladder up because there's other stuff in the way to gain
another eight feet and now suddenly the path is clear. So debris on the ground we want to
leave the wood there, and if it's not a hazard tree to have trees full of woodpecker holes so that
there's an educational aspect to it. It's like, look, that was a pileated woodpecker, and the staff
will be trained in that and there will be signage also for that.
MR. TRAVER-Okay. And there was a question about the concrete pad, 288 square feet. Is
that the one for the refrigeration unit?
MR. MONTGOMERY-No, that would be a pad up at the adventure park. Basically it would be
used as a staging area just for the tour.
MR. TRAVER-As a staging area.
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MR. MONTGOMERY-We wanted to include it as a concrete pad. More likely it will probably be
something that is gravel. We wanted to include it as a concrete pad just in case they decided
to do something with it.
MR. TRAVER-Okay. There are questions about how many people can be on the canopy walk
at the same time and when people are waiting their turn, if they're riding up a chairlift. I assume
they're going to be waiting at the time, just waiting to have an access to a harness to get on the
system, and the number of people will be determined by testing and how many harnesses you
have I would assume, right?
MR. MONTGOMERY-That's correct.
MR. TRAVER-Okay. Do you have any idea what that number will be? I guess you may not
know until you're almost finished with the design.
MR. CLEMENTA-Right, but I think one could anticipate somewhere around 250.
MR. TRAVER-Okay. Wow, that many? Okay.
MR. CLEMENTA-Well that's once it's really full grown and full blown and is comparable to parks
that have been operating for years. In the beginning you'll be fine with 150, 180. Personally I
would think here it's 200, but to be determined.
MR. MONTGOMERY-Is that at the same time on the course?
MR. CLEMENTA-Pretty much, yes. You have enough trails.
MR. TRAVER-What would be the highest point on the course that a person would be from the
ground?
MR. CLEMENTA-Still to be determined, but preliminarily there's a couple of trees that are
picked out. I think on the double black diamond again that would be a 50 to 60 foot jump so.
MR. TRAVER-So let's say 60 feet maximum.
MR. CLEMENTA-Yes.
MR. TRAVER-Okay.
MR. CLEMENTA-The trees are not that tall. So in other locations we've built poplars that were
120 feet, 140 feet.
MR. TRAVER-Okay. We've talked about the safety equipment and so on. What happens if
somebody, how are you, what kind of response plan are you going to have if someone, for
some reason, gets stuck or freezes up or gets a snag on the rope or there's some kind of a, I
won't say an emergency, but some kind of a problem on the system? You'll have support staff
that are trained and ready to respond all the time?
MR. CLEMENTA-So part of our job, from the Tree-mendous side, is to train the staff and we
have one of the most comprehensive operation manuals that includes quote unquote a rescue
plan. We don't like to call it rescue because of the radios. We have assists, and we have three
levels of assists. The first one is the staffer goes there and talks the person through. Often it's
just really I'm scared of heights. I don't dare to do the step. A little encouragement for them to
make it through. Level Two is that the staff actually goes up and helps the person through.
Sometimes it's only in one element that they freeze up because they really don't like ladders,
they don't like climbing up or don't, and the next one is fine again. So that would be that, and
then level three is they say I'm exhausted. I'm done. I don't want to do this anymore. Then
we belay people down. So the park has rescue bags that contain a rescue device that the
staffer needs to just clip on to the line, the safety line. There's a carabiner that gets clipped to
the person. There's a rope. It has a reduction gear in it and a brake. So I can, A, hoist
somebody up. So if they're hanging in their gear, they're heavy, like just imagine hanging on
that line. You first need to lift me up in order to unclip me and then you can let me down. So
that little device, it's no bigger than this, with plenty of rope, is used for that. You can get people
down within less than a minute and even if the staffer would make a mistake and accidentally let
go of the rope, it has a maximum speed that is slow enough that nobody will break their foot or
anything else. Nobody will get hurt. So again, safety first.
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MR. TRAVER-And you have detailed plans on this equipment, design and specification that you
can submit?
MR. CLEMENTA-Yes, but again a lot is in the training and we, I don't know a single park that
has a plan where the fire department has to come in. So all the on-site staff is trained and
certified in those rescues. You still will call the first responders if someone has heat stroke or a
heart attack or whatever, but getting them out of the trees is park staff, also for severe
thunderstorms. They monitor the weather and if lightening starts moving, the park will be
evaced, and a park of this size the way it is planned can be, when well trained, be emptied
within six minutes, six to seven.
MR. TRAVER-Okay. Thank you for that. Length of the different trails. I think that's outlined, I
believe it's outlined on the plans. Laura, did you want more details than what's on the plans?
MRS. MOORE-So these are sketches that I see, and again, they're not exactly clear in the
plans that we have.
MR. TRAVER-Their general area but not the specifics.
MRS. MOORE-Not the specifics. I was, and I think that they're still in the planning stage of
that, and I guess, when do you decide that you have the route and the paths? When does that
happen, I guess, and how does that function?
MR. CLEMENTA-So the way the process and such goes is that there is no survey like with a
house, right? So nobody's going to go up there and say this tree is here and that tree is there,
etc. So it's really walking through and designing the course, putting tape on the trees, playing
around with that, because it's like three dimensional chess, right? Those trails have to intersect
each other and go on different levels, and even once that phase is completed, once we start
building, the guys often find a hole up at 30 feet in the tree and then they look and the tree is
actually hollow up there, we can't use it. So we have to re-route. We use another tree that is
safe to use. So it's a very fluid design that can never really be pinpointed. I mean even in
places that are so highly regulated like the Bronx Zoo we had a sketch, that's all it was, and
everybody understood that's subject to change. That can go left or right or straight.
MR. SHAFER-But Drawing S-4 shows specific trails and locations. Is that just for schematic?
MR. CLEMENTA-Yes, that's for schematic. So that can, as I said, that can change.
MR. MONTGOMERY-but roughly the length, though.
MR. CLEMENTA-The length, yes.
MR. MONTGOMERY-The length is within a five acre.
MR. CLEMENTA-It won't be bigger than that.
MR. MONTGOMERY-Perimeter. So each course would be how long do you estimate? I know
it goes back and forth but feet wise?
MR. CLEMENTA-That's again a little tricky because some, they're not linear, right? It's not like
they start here and they run in a line from here to there. Some elements are very short
because the trees are close to each other. So they can be as short as 10 feet and they can be
for a rolling element, like you saw the skateboard or the weight board, they can be 100 feet, and
they're mix and mingle. So it's very hard to pre-determine to say that trail is exactly 685 feet.
It depends on what wants to live there. I often also have to deal with the elevations. So if it's
something that's too steep I can't really use an element that is slippery or hard to climb or too
steep for a rolling element.
MR. TRAVER-So it's a fluid system that may change over time but the area or the dimensional
area that it's contained within will be these five acres. That essentially won't change.
MR. CLEMENTA-Yes. That will not change.
MR. TRAVER-But you might have a tree that's damaged and you might move one at both ends
of the trail or whatever, and you would expect that there would be design changes over time for
various purposes but it's going to be within this area that we're describing.
MR. CLEMENTA-Yes.
Board 0�)1:.51"'"C::u 1 8)
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MR. DEEB-The dimension adjustment won't be, if you find one tree that's hollow, the
adjustment won't be that many feet. You'll just find the nearest.
MR. CLEMENTA-Correct.
MR. DEEB-So it's not like you're going to change it drastically.
MR. CLEMENTA-No. IT's like if this one doesn't work, let me use this one.
MR. MONTGOMERY-Make a curve or just go around a corner.
MR. TRAVER-What about lighting and music, sound?
MR. CLEMENTA-No music.
MR. TRAVER-What about lighting?
MR. MONTGOMERY-So we're saying that we're doing nighttime. So the lighting, the nighttime
courses are on LED strand lighting. Is that right?
MR. CLEMENTA-One watt bulbs, a golden glow kind of light. So nothing harsh, nothing really
bright. It's more like a Tolkien-esk setup. So you want to have it more hobbit like, and some
parts don't even use that. They use headlamps. So that's a question of preference.
MR. MONTGOMERY-So this actual, if you look at the mountain, the ridgeline is where the
chairlift unloads, and all this would be behind that ridge. So you would see none of this from
anywhere. I don't think you could, unless you weren't playing you wouldn't be able to notice that
except from, you know, anywhere outside of the West Mountain property. That's where the
ridge occurs is where the chairlift lands and then you sort of start doing these valleys back
towards, you know, the Hudson River gorge. So none of that would protrude and obviously
nothing like the ski trails are lit if people were skiing down it.
MR. CLEMENTA-That's also one of the reasons why it's restricted more or less to those five
acres because it's almost like a ditch and there the trees are a bit bigger and higher so nicer to
use. So that's why I kind of picked that area, because again I want the trees to dictate the
design and the experience. So that's where those five acres come from.
MR. TRAVER-Okay.
MR. MAGOWAN-It's a real art to do this. I mean you really don't know until you start. You've
got the canvas to work with but it's intriguing here.
MR. CLEMENTA-Yes, and it goes even further like which element goes with which, because I
can tire you out the whole time. If I have three or four elements in a sequence that all require
upper body strength you're done. You want out. So I have to balance it with core strength and
upper body, lower body. So all that plays into it, and tree location matters because can
somebody do, you know, like the monkey bars for 50 feet? No, you can't. So I've got to find
trees that are close to each other. So it's a big gigantic puzzle, but I love it. I love designing
parks.
MR. TRAVER-So other questions, comments from members of the Board before we go to public
hearing?
MR. SHAFER-How would you handle injuries? We all know how you handle it on the ski
slopes, but injury is going to happen. How would you handle an injury from here?
MR. MONTGOMERY-Well, within the top piece we would use a vehicle like a four wheeler with
some sort of system if we had to get people out, trailer system. Depending on the injury they
could go back down the chairlift. We do have a road that's continuous from basically where the
west express lands out to Glens Falls Mountain Road. So if you're coming up, we have two
easements. We have one if you were to go down Cormus Road and we come across
Newberry and Washburn, there's an easement there, and then we have our own road that goes
all the way out to West Mountain Road. So you could get an ambulance in through there.
Obviously you'd have to drive and then go down the mountain. So I'm assuming if you had
something that was, you would probably opt to use the chairlift in most cases, you know, if it
was someone with a hurt ankle or something they could ride the lift we could give them a ride
down in one of our side by sides. We have mountain vehicles that are four wheel drive that go
"6
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up and down there very easily. If it was something beyond that you'd have to have somebody
come in on the road system.
MR. DIXON-Just another quick question. So for this part of the project, the northwest parking
lot, if I've got that correct, would not be used, it would just be your primary, your southern?
MR. MONTGOMERY-Correct. It would be the primary parking lot that we currently use for
skiing and like I said this is the next phase, and not to talk out of school but we're looking to
expand that parking lot. We don't have issues with that and ski season is ten times a year
probably. I doubt that we'd ever have an overflow issue with this type of business with parking.
MR. DIXON-Yes, I was just looking at the parking, the northwest one is more in a residential
area, but coming up through there versus your primary parking lot.
MR. MONTGOMERY-Yes, the northwest side, I actually live over there. Right next to that
chairlift there's a northwest development that Brandt put in and then our northern border
fortunately is the APC and that's our entire northern border except where we have the
grandfather to go through to the road, and that's undeveloped land in there. It's all wooded.
MR. TRAVER-Other questions before we go to public hearing? Okay. Well let's open the
public hearing on this application. Are there members of the audience that are here to address
the Planning Board on this application? Yes, sir. I see at least one hand. If you could give
the public the table for the public hearing.
PUBLIC HEARING OPENED
STEVE BISHOP
MR. BISHOP-Steve Bishop, 37 West Mountain Road, next door. I'll preface what I'm going to
say is that we've always been supporters of West Mountain. We like what they do there. The
other side of that coin is when I built my house there next door to 43, the lot which is part noted
in here, I didn't imagine I'd have a parking lot in my side yard. That's my concern. I know we
can talk briefly about the mounds and things like tht, and I just wanted to be sure, under this
application, because 43 and 57 are included in this notice that they will be separately and that
we'll be notified when that change comes forward. It's that simple. Thank you.
MR. TRAVER-Okay. All right. Thank you. Is there anyone else that would like to address the
Planning Board on this application? Laura, are there any written comments?
MRS. MOORE-There's no written comments.
MR. TRAVER-Okay. Then we'll close the public hearing for this evening, although I imagine
we'll keep it open for the remainder of the project, right?
MRS. MOORE-If you're moving on this project then you can close it. For the remaining
projects you would open up a new public hearing.
MR. TRAVER-Okay. Well we'll leave it open for now and we'll determine later if we're going to
need to leave it open. The applicant can come back to the table if you would. One of the
aspects of this project that the Board will need to consider next is the environmental impacts,
and we do need some additional information regarding the stormwater issue that you raised and
submitting some updated information for that and erosion control plans. So I think we need that
information first, correct, before we can?
MRS. MOORE-Well this application did not go to Town engineering because it's a, the
maintenance building it's a drip edge, there's basic calculations for stormwater and also with the
kitchen addition. I'm comfortable with saying that it's a basic calculation to accommodate, and
he described, which is what I thought it was. It's 945 square feet of new service. So he's
handling it by some sort of drainage trench. That's typical. It just wasn't noted on the plans.
So now it is, that'll be part of the plan, so now it will be.
MR. TRAVER-Okay. So they'll be submitting that as part of the ongoing process.
MRS. MOORE-Yes.
MR. TRAVER-Okay. So we should be able to, theoretically, if the Board agrees, we should be
able to consider SEAR, then, this evening.
Board 0�)1:.51"':H:u 1 8)
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MRS. MOORE-You could, yes.
MR. TRAVER-Okay. All right. Well then I'll open that question with the Board. We need to,
before we can consider the first part of the site plan, we need to consider SEAR. Do members
of the Board feel comfortable moving on SEQR at this stage?
MR. HUNSINGER-So just so that everyone's clear that the three projects that we're reviewing
under this Site Plan are just the expansion of the kitchen, the addition to the maintenance
building, and then the canopy walk.
MR. TRAVER-Correct.
MR. HUNSINGER-So it would not include the parking lot expansion.
MR. TRAVER-Correct.
MR. HUNSINGER-Because that needs to be re-zoned for starters.
MRS. MOORE-Correct. They need to go to the Town Board, ask for the request to re-zone. If
the Town Board refers it to the Planning Board you would see it. They may not, and then after
it's potentially re-zoned if the Town Board makes that decision then it would come back to this
Board in Site Plan and my assumption would be for the entire parking lot.
MR. TRAVER-Right, and then of course the zip line would be the other piece. That would also
be part of the next phase.
MRS. MOORE-Right, if they choose to do that at that time.
MR. TRAVER-Okay. So you're correct in your interpretation.
MR. HUNSINGER-Okay.
MR. TRAVER-And that would be the case for SEQR as well. We would only be considering
those elements.
MR. HUNSINGER-Well, would we?
MR. TRAVER-We would because we're not reviewing, at this stage, we're not reviewing, they're
talking about doing those things but they haven't proposed them yet. Correct?
MRS. MOORE-Correct, but you can acknowledge that there is, as part of your SEQR review
you can acknowledge that these elements, you have three phases, and that you're moving
forward on Phase One and Phase Two A in SEQR and you can note that there are other
elements that need to be reviewed by SEAR.
MR. TRAVER-That will be reviewed in the future should they be submitted as another plan.
MRS. MOORE-And that's similar to what you've done with Great Escape. Different project.
MR. HUNSINGER-Well, sort of.
MRS. MOORE-Sort of.
MR. TRAVER-But why would we, when we're doing SEQR for this part, this phase, if you will, of
the project, why would we talk about something hypothetically that's coming along in this SEQR
resolution? Why wouldn't we just take that as it came? It's going to be a separate SEQR
anyway. Right?
MRS. MOORE-You can but the applicant has stated that they have future plans and, I mean as
part of SEQR you don't want, as you've said, segmentation. So I would acknowledge them.
Whether they come to fruition or not, at least you're aware and you've acknowledged them.
MR. TRAVER-Fair enough.
MR. HUNSINGER-Well, and in any future Site Plan we're going to make sure they address
stormwater and erosion and all of the other SEQR related items that we would consider.
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MR. TRAVER-Right. Okay. How do members feel? Are we comfortable moving ahead with
SEQR on these?
MR. DEEB-It's a pretty green project.
MR. TRAVER-Yes, I'm just making sure that everyone's comfortable. All right. So then let's
go ahead and consider that motion, then.
MR. DEEB-I need to word this so that we consider future SEQR for Phase.
MR. TRAVER-Well we're not considering it. We're acknowledging it.
MR. HUNSINGER-Just acknowledging it.
MR. DEEB-Acknowledging.
MR. TRAVER-We are, that it's a three phase project and we are looking at Phase One and Two
for purposes of this specific review.
MRS. MOORE-Two A, right. Just Two A.
MR. DEEB-One and Two A.
MR. TRAVER-One and Two A.
MR. DEEB-And do we want to acknowledge that we're going to be going to the next phase?
MRS. MOORE-If those come to fruition, then you'll be completing.
MR. TRAVER-We're just acknowledging that the applicant has represented that there is further
phased development that would be presented in the future. Right?
MRS. MOORE-That's fine.
MR. TRAVER-Tonight they're talking about one more phase, but we don't know how they're
going to, all we need to acknowledge I think for the environmental impact is that.
MR. DEEB-Phase One and Two A.
MR. TRAVER-Yes, and that the applicant has represented that there's at least one more phase
that will be considered in the future.
MR. DEEB-Has been completed by the Planning Board for Phase One and Two and the
applicant represents additional phase for the future, and that includes everything. All right.
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP # 60-2018 APEX SOLAR
The applicant proposes a multi-phase project for upgrades and new projects for West Mt.
facility. Phase 1: Project 1 includes a 782 sq. ft. addition to the existing kitchen area with two
concrete slabs — 105 sq. ft. for cooler condensers and 58.5 sq. ft. for delivery entrance area.
Project 2 is to be a 60 x 100 (6,000 sq. ft.) addition to an existing 3,000 sq. ft. metal building
towards the south side of the building. Project 3 is to be a canopy walk to cover 5 acres with 5
canopy pathways in the trees (note Phase 2A). Pursuant to Chapter 179-9-101 of the Zoning
Ordinance, expansion of a recreation center 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;
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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 60-2018 APEX
CAPITAL. 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 for Phase
1 & 2A
and the applicant represents an additional phase for the future.
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 25th day of September, 2018 by the
following vote:
AYES: Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr.
Traver
NOES: NONE
MR. TRAVER-All right. So now we deal with the Site Plan and again this is covering Phase
One and Two A. We have additional information that we're going to want to condition on this,
too. Right? Laura? Additional information for the canopy walk, safety equipment and training
to be provided. Lighting. Electrical utility connections, Laura?
MRS. MOORE-No, I would, the lighting fixture type that they're proposing, so lighting
information.
MR. TRAVER-Okay.
MRS. MOORE-You've identified that the canopy walk would be summer and fall hours. That
information should show up in the final Site Plan as either noted on the plans.
MR. TRAVER-The seasonal nature of the walk. We want to acknowledge that it's going to be
operated potentially both day and night. You don't plan on doing it to start, but you want to be
able to.
MR. DEEB-Maybe we should stipulate hours, then.
MR. TRAVER-Why do we need to stipulate hours? I mean it's going to be the hours that
operation is. Do you have an idea what your hours are going to be, for the canopy walk?
MR. CLEMENTA-Unless it's a very special event like with a concert and like a real event, night
climbing usually stops around 10, 10:30. Anything beyond that people are too tired and not
really interested. There would not even be an economic incentive.
MR. TRAVER-And what about in the morning? What time would it start in the morning?
MR. CLEMENTA-Everybody would like to start at eight as an operator to make more money.
MR. TRAVER-Eight a.m. to ten p.m. potentially.
MR. CLEMENTA-Yes.
MR. JACKOSKI-Why do we need hours? This is so far into the forest. You won't even know
anybody's going to be up there.
MR. CLEMENTA-You wouldn't know.
MR. TRAVER-Well you'll know that there'll be up there because there'll be other parts of the
facility that will need to be up and running, you know. For example at night there'll need to be
lights in the lodge. The lodge would be running and that type of thing. This isn't going to be
running in isolation. It's going to be operating with the support of the rest of the facility.
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MR. MAGOWAN-Well what do you run in the wintertime?
MR. HUNSINGER-That's what I was going to ask.
MR. MONTGOMERY-The restaurant and bar will stay open. The actual mountain closes at 9
p.m. and the restaurant and bar stays open, you know, 10, 11.
MR. MAGOWAN-Yes, and what time do you open?
MR. MONTGOMERY-Eight thirty.
MR. TRAVER-So why don't we just keep the same hours as the restaurant?
MR. MAGOWAN-Does that sound fair?
MR. MONTGOMERY-Yes. So nine o'clock is when we close. It used to be ten at West
Mountain. I can't imagine operating the Treetop after 10 unless you had like an event. So
what would be the impact down below? You wouldn't see anything up top, and I imagine if
someone was up there at 10 it would be a very small crowd.
MRS. MOORE-Does the chairlift need to be lit at that time as well?
MR. MONTGOMERY-Not to ride. In fact the lights that we use for skiing won't be the lights that
we use, you know, none of those would be on. In fact they'd probably prefer to be in the dark.
So the lift would still be spinning. There would be, the bar restaurant may stay open. When
people come down they might get a drink or something, but it's hard to envision people up
there.
MR. TRAVER-1 mean if I was going to be going on a rope belay at night I'd probably want my
eyes to get used to the dark. I wouldn't want to be illuminated by the lights that you would
normally have at nighttime skiing with the yellow glasses on.
MR. MONTGOMERY-Yes.
MR. DEEB-I would rather more clarification. I think we're winging it here.
MR. DIXON-1 guess there's a possibility, is there going to be a Halloween run?
MR. MONTGOMERY-Well I think we can say eight in the morning until ten at night comfortably
and say we would come back if we wanted to operate outside of those hours.
MR. TRAVER-Okay.
MR. MONTGOMERY-If that needs to be defined.
MR. MAGOWAN-You're running the same ski hours as the summer. I have no problem with
that. If you need to put hours on it. I'd like to see it go until midnight.
MR. DEEB-I would, too, but I don't know if the neighbors would.
MR. TRAVER-Yes.
MR. MONTGOMERY-1 don't think the neighbors would be impacted by it but they may have a
different opinion obviously. I live at the base of the mountain and I kind of look at it that way.
The other gentleman's comment here is duly noted. I wouldn't want my life changed in an
adverse way. So we got rid of all those heavy base concerts that used to go on there, or
anything that, you know.
MR. MAGOWAN-That was techno.
MR. DEEB-We had the discussion on the noise prior to this, at a prior meeting, and we resolved
that anyway.
MR. MONTGOMERY-We did. We got rid of the snowmobile drag racing and all the stuff that
used to be, you know, sort of I think tough to live next to. That doesn't occur.
MR. DEEB-I'm just thinking of the neighbors.
31
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MR. MONTGOMERY-Sure. Absolutely.
MR. DEEB-All right. So let's see, stormwater management included in the final Site Plan.
MRS. MOORE-So I have a suggestion. I know I identified a series of questions. If the
applicant can respond in narrative as far as this application, the final application. That way it's
addressed.
MR. TRAVER-So a narrative response to the questions outlined in the Staff Notes.
MRS. MOORE-Yes.
MR. DEEB-So I can cross all this off?
MRS. MOORE-1 just don't want you to get bogged down with all these conditions.
MR. TRAVER-So just put narrative response to questions outlined in the Staff Notes.
MRS. MOORE-Were there any other questions that the Board had that the applicant should be
addressing?
MR. JACKOSKI-What is the lighting? We just went through this whole history with the Olive
Garden as to all the little details of all their lighting. I don't even know what the lighting is here.
MR. TRAVER-Well that's one of the questions we just talked about.
MR. JACKOSKI-I get it but I'm not comfortable knowing right now to say yes to this project if I
don't know what the lighting is for the whole project.
MR. TRAVER-Well what was described by the applicant was sort of the rope cable LED lighting.
MR. JACKOSKI-Or some projects had helmet lighting.
MR. MAGOWAN-He said no more than one foot candle.
MR. JACKOSKI-They did? What are the bulbs you use?
MR. CLEMENTA-The light bulbs are one watt.
MR. MAGOWAN-One watt.
MR. CLEMENTA-And they're spread out six feet usually. So it's a special outdoor string light
with LED bulbs on it.
MR. TRAVER-1 have it on my deck. It's like a rope, a plastic rope.
MR. CLEMENTA-Exactly, correct.
MR. MAGOWAN-Very minimal illumination. I mean enough for you but nothing, the spill off is,
it's just slight illumination.
MR. CLEMENTA-Two hundred feet away you'd be hard pressed to see it if you're outside of the
park area.
MR. JACKOSKI-And the rest of the lighting, that'll be auxiliary lighting that you've got at the
base of the mountain, that's existing lighting.
MR. CLEMENTA-Right.
MR. JACKOSKI-There is no upgrades to that whatsoever?
MR. MONTGOMERY-No, that wouldn't change, and the Treetop, the lighting up top would not
emanate beyond, I mean I guess if it was cloudy it would reflect, but I can't imagine, I mean this
is down in a hollow. If you go over the ridge, we have 1200 acres up there and about 300 in
the ski area, 1700 total, and we are well within our footprint. So I can't imagine the lighting
emanating outside of our own property.
Iairuiruuiru,
MR. TRAVER-Well, again, people participating in this at night, I would think, I mean if they're
experienced or well-trained I would think they would be if they're going to be up there at night,
they're not going to want a lot of light.
MR. MONTGOMERY-Yes, you wouldn't be able to tell what was going on up there I don't think.
It's very different. Nothing like the ski area.
MR. CLEMENTA-No, and you have a good point. It's not about illuminating the place to create
a party space.
MR. TRAVER-Right.
MR. CLEMENTA-It's to give you enough light that you see kind of what you're doing but it's still
the unknown. That's the special thrill of climbing at night, right, is that it's not as clear and as
bright. I've never seen a park that was really lit up with halogen lamps and, you know.
MRS. MOORE-So you could suggest that it's, again, the average candle width in that area
would be less than, it would be one or less. If he were able to provide enough information
about the fixture type and as you mentioned you know the length that it runs, the Board could
suggest that that five acres is no more than one foot candle, or they can raise it. It's fine.
They can raise it to be no more than two foot candles as an average for the site.
MR. TRAVER-Yes, okay.
MR. DEEB-I thought we were going to answer that in the narrative, because the narrative says
lighting.
MRS. MOORE-Yes, but you have a Planning Board that has a question about the extent.
MR. JACKOSKI-That's fine.
MR. TRAVER-How are we doing?
MR. DEEB-Not well. So do you want to have just one statement that the narrative will be
submitted, and in that narrative it will include the lighting?
MRS. MOORE-You could add a condition that says it's no, it can't be any greater than five
candle width, any greater than, I just, I don't know the product and I don't know, I can't imagine
it being greater than five as average over five acres.
MR. TRAVER-Yes, a couple of additional items we might want to have in addition to answering
the narrative questions. One of them would be the hours, and one would be the lighting no
greater than one candle power, one foot candle rather.
MR. DEEB-And lighting not to exceed one foot candle.
MR. TRAVER-Correct.
MR. HUNSINGER-Average of one foot candle.
MR. MAGOWAN-1 mean do you think that's enough?
MR. CLEMENTA-Honestly I have no idea what one foot candle is.
MR. TRAVER-It's more than what you would get with one watt. So if you're saying that what
you'd be proposing would be one watt, that's not going to generate one foot candle of
illumination.
MR. CLEMENTA-Okay. So the foot refers to distance between bulbs or?
MR. MAGOWAN-No. It's a measurement of light.
MR. CLEMENTA-One foot candle.
MR. TRAVER-You're going to be coming back for the next thing. So if you really, after you
follow up and you look into that or some of these other aspects, if you need to modify the Site
Plan you can do that, come in with a modification to this, and then also present the next phase
33
Iairuiruuiru,
at the same time. That would be the easiest way to clear it up. We need to have something for
the resolution this evening to give you a starting point at least.
MR. HUNSINGER-1 mentioned to the Secretary that they answered all the questions verbally.
So all we really need to stipulate is that they provide written response to what was discussed
this evening.
MR. TRAVER-Yes, a narrative.
MRS. MOORE-Yes.
MR. TRAVER-And that's what she suggested and that's what we're putting in the resolution.
MR. HUNSINGER-They're just going to acknowledge what they've already said.
MRS. MOORE-Prior to you reading your resolution, I don't believe you closed your public
hearing.
MR. TRAVER-We did not. Good point. We decided to wait on that, but it appears that we're
going to be considering an approval motion. So we will close the public hearing on this
application this evening, but that public hearing will stay closed.
PUBLIC HEARING CLOSED
MR. TRAVER-So we're ready for that motion.
MR. DEEB-All right.
RESOLUTION APPROVING SP # 60-2018 APEX CAPITAL
The applicant has submitted an application to the Planning Board: Applicant proposes a multi-
phase project for upgrades and new projects for West Mt. facility. Phase 1: Project 1 includes a
782 sq. ft. addition to the existing kitchen area with two concrete slabs — 105 sq. ft. for cooler
condensers and 58.5 sq. ft. for delivery entrance area. Project 2 is to be a 60 x 100 (6,000 sq.
ft.) addition to an existing 3,000 sq. ft. metal building towards the south side of the building.
Project 3 is to be a canopy walk to cover 5 acres with 5 canopy pathways in the trees (note
Phase 2A). Pursuant to Chapter 179-9-101 of the Zoning Ordinance, expansion of a recreation
center 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 09/25/2018 and
continued the public hearing to 09/25/2018, 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
09/25/2018;
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 60-2018 APEX CAPITAL. 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.
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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) A narrative response to the questions in Staff Notes to be submitted to the Planning
Staff.
m) Hours of operation to be 8 a.m. to 10 p.m.
n) Lighting not to exceed an average of one foot candle.
Motion seconded by Brad Magowan. Duly adopted this 25th day of September, 2018 by the
following vote:
AYES: Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb, Mr.
Traver
NOES: NONE
MR. TRAVER-AII right. Well you're all set with this phase. Congratulations.
MR. MONTGOMERY-Thank you very much.
MR. TRAVER-All right. So the next application we have is Site Plan 61-2018 for Glens Falls
Brewing Company, LLC.
SITE PLAN NO. 63-2018 SEAR TYPE: UNLISTED. GLENS FALLS BREWING CO., LLC.
AGENT(S): ROBERT I CRAVEN. OWNER(S): TRIBALS, LLC. ZONING: CI.
LOCATION: 1043 STATE ROUTE 9. APPLICANT PROPOSES TO PLACE A FOOD
TRUCK IN A 224 +/- SQ. FT. AREA TO OPERATE A FOOD SERVICE IN CONJUNCTION
WITH THE EXISTING BREWERY/TASTING ROOM OPERATION. THE FOOD TRUCK WILL
BE PARKED DIRECTLY ADJACENT TO BUILDING (TASTING ROOM). FOOD TRUCK IS
SPECIFICALLY FOR PATRONS OF THE BREWERY. PURSUANT TO CHAPTER 179-9-010
OF THE ZONING ORDINANCE, NEW COMMERCIAL DEVELOPMENT SHALL BE SUBJECT
TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 57-2014
1,125 ADDITION SP 36-2003 (+M) CHG. OF USE & 24,000 ADDITION, SP 16-2010 3RD
TENANT, SP 15-2013 CHG. OF USE, AV 51-2013 UNDERGROUND UTILITIES; WARREN
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CO. PLANNING: SEPTEMBER 2018. LOT SIZE: 3.73 ACRES. TAX MAP NO. 296.9-1-2.
SECTION: 179-9-010.
SHANE EAGAN & BOB CRAVEN, REPRESENTING APPLICANT, PRESENT
MRS. MOORE-So this applicant proposes a 224 square foot food truck to be placed on the
outside area of the existing Glens Falls Brewing Company and the idea is to have access for the
patrons that are coming into the Brewery property to pick up snacks that they can eat outside or
inside.
MR. TRAVER-And there it is. Good evening.
MR. CRAVEN-Good evening. My name's Bob Craven. I'm the Brewery manager of the facility
and Shane Eagan is the tasting manager.
MR. TRAVER-Okay. Good evening. Tell us about your project.
MR. CRAVEN-All right. If any of you have been in the tasting room, basically you can taste
beer. We have bags of potato chips. People are welcome to bring their own food in, which
isn't always so convenient. In the brewing industry the tasting room is a very important part of
your gross profits. You can go to a full restaurant, a huge, huge facility. So we've noticed, you
know, since we've taken this over, the tasting room has grown very nicely and we've been
happy since we've added our new local brand, Northway Brewing, to the Cooper's Time brand.
So things have been going well. One thing that many, many people say is can I grab
something to eat, you know, not necessarily a full dinner but more than some potato chips. So
it just turned out our parent company in Oneonta, Northern Eagle Distributing who actually owns
the Cooper's Time brand had a food truck that they bought about three, four years ago. It was
an $80,000, 1 use the word pimped out, you know, food truck. I guess they buy old UPS
vehicles. So they decked it out, all stainless steel very nice. So they used it one year,
Cooper's Time, and then they just put it in a warehouse. So our suggestion was, we own it, so
let's get it up here. Let's get it in motion. Our goal isn't to be a full service restaurant.
Basically four items on a menu. I mean Shane has been in the food service and worked in the
business a long time.
MR. EAGAN-Basic food items that you see at most bars, pretzels, maybe nachos, quesadilla.
Like Bob had stated, no haute cuisine. Not going crazy. Just something to keep patrons there
and give them something enjoyable to snack on while they're in there.
MR. DEEB-Hot dogs and hamburgers?
MR. EAGAN-Possibly some dogs, yes. Burgers. We still have to hire a chef. We didn't want
to get that forward ahead of ourselves before anything, you know, we have a couple of people in
mind, but at the moment I think for winter run it maybe three days a week and then as summer
comes.
MR. CRAVEN-Yes, even this year through tourist season we just stayed open Wednesday
through Sunday. I mean we had some people coming to the door on Mondays and Tuesdays
sometimes. If I was there we'd let them in and try to take care of them, but it didn't seem like.
Now maybe with food that could change, but we're going to continue with the Wednesday
through Sunday through the fall and winter.
MR. TRAVER-So do you envision this more or less permanently located in the same spot? For
example would you jack it up off of its tires so it was, you know?
MR. CRAVEN-W haven't really looked at anything. I mean our plan is not to become a move it
to some event up in Lake George or go anywhere with it.
MR. TRAVER-1 guess that's kind of what I was wondering. It's more or less going to be staying
there.
MR. EAGAN-It's for the tasting room.
MR. TRAVER-So you probably would lift it up just to save the wear and tear. You'd probably
jack it up off the tires.
MR. EAGAN-Yes, get it off the tires.
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MR. CRAVEN-We'd want to move it around during the winter for plowing, but the plan isn't to
use it off site. I mean I don't know if any part of this would tie into that, but we don't really, in
fact even though it looks new and it's got a Mercedes engine in it, my boss didn't feel safe even,
or comfortable driving it up here. So we actually had it put onto a flatbed. I mean, I don't know
how many miles the thing has. It's probably like a 25 year old truck that I don't know what they
did to the engine.
MR. TRAVER-It was bought used and then modified. All right.
MR. CRAVEN-1 don't know if this was a UPS truck or some other kind of bread delivery truck it
looks like.
MR. TRAVER-Okay.
MR. DEEB-And it looks like it's a quick and easy solution to your problem rather than a building.
And what you do with your truck, hours of operation it's up to you. We have no say over that.
MR. TRAVER-It might be intriguing for the public, too, because in some more metropolitan
areas food trucks are pretty common. They're used to them, but around here there isn't that
much of that. So it might be kind of a, in a way, kind of an odd attraction for folks, too.
MR. CRAVEN-Yes. We'll advertise it on social media. Like I said, we've started to build a nice
local following, you know, people in communities nearby. In fact some of the people that were
here today are some of my regular customers.
MR. TRAVER-I'm sure.
MR. CRAVEN-So I think it will be nice that they know that.
MR. DEEB-Also Thursday night at the Troy Shirt Factory they have food trucks come in and
they're very, very, very successful.
MR. EAGAN-I used to run the Tap Room at the Schmaltz Brewery where Bob had been the GM
before as well and we used to have food truck rodeos there where we'd get five or six food
trucks to all put in there at the same time. We'd have games outside and such.
MR. DEEB-What I'm saying is this could be, standalone itself. You'd probably have people
come in just for the food truck.
MR. CRAVEN-It depends on how good Shane is, the food that he's going to be cooking.
MR. EAGAN-It's just a nice little addition to keep patrons happy.
MR. TRAVER-Yes.
MR. CRAVEN-If somebody said, hey, they've got great tacos and they didn't want any beer I
guess we would sell them a taco, but I mean our plan isn't to try to make it, I mean in our
description, if you look at the, if you know the front of the building, there's a main entrance in the
center, then there's like kind of doors at either end that are all exits. Our plan is to put it down
at the far door so if you're in the tasting room, you can just go right out that door and the window
to the truck is right there. You walk like two steps. You can order and go right back in. I mean
our plan, it's going to be a little trickier in the winter. It's close. I mean if it's zero out we'll have
to see how that all works out, but I mean the plan was to try to keep it going 12 months a year.
MR. DEEB-We had a food truck in the French Mt. Commons.
MR. DIXON-So are you going to connect the utilities to the building?
MR. CRAVEN-The only utility I think would be electrical. I mean it has its own generator.
MR. EAGAN-It has a generator. It runs on propane, but you can hook it in, and we do have
power right outside that.
MR. MAGOWAN-All you need it probably a 50 amp plug.
MR. EAGAN-Yes, and then everything else is self-contained. There's a water tank. There's
propane tanks. The waste is collected and then we take it out and bring it into the brewery and
clean things out. So there's no drains or anything going into the parking lot.
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MR. MAGOWAN-1 think it's a great idea. I mean, a lot of times with the craft beers people get
the munchies.
MR. CRAVEN-Like I said we serve potato chips and always invite people to bring food in. On
occasion we'll order pizzas from Liberty or our friends right here at the Farmstead,
MR. EAGAN-Yes, the Farmstead. We do a ton of business with Farmstead. People, you
know, in fact Queensbury just did their solar thing and they ordered pizzas.
MR. TRAVER-Yes, Southern Adirondack for Solar.
MR. EAGAN-So we work well, they know, I've talked to Jane there and she knows we're not
competing with their nice restaurant.
MR. HUNSINGER-And you still do the farmer's market in the parking lot?
MR. EAGAN-No, I've been here two years. Last year people came asking about it. I didn't
have any connection to it. Nobody has approached us. So we haven't done that since 2016.
MR. HUNSINGER-1 wonder where it went?
MR. CRAVEN-We'd love to. We've got the room. We'd love to figure out ways to utilize the
parking lot more. It's a 160 space parking lot.
MR. MAGOWAN-Go to some of the farmer's markets and just start talking to people, like I said,
because that was nice when it was there. It's a good hit.
MR. HUNSINGER-It was never very big. I think it was Monday nights. Right?
MR. MAGOWAN-1 think it was Mondays.
MR. CRAVEN-If you guys have any ideas for any exciting events. It's interesting because Greg
Garafalo, I know him personally, he has a 1963 Ford Fairlane and he was asking about would
we be interested in doing like a classic car. Because Mr. Bill's stopped doing it in South Glens
Falls.
MR. EAGAN-And I've been in contact with people who are in car clubs and the one thing they
always say, because they're not going to drink a lot of beer, but they do want to have something
to snack on while they're walking around checking out things.
MR. DIXON-So you're planning on having picnic tables as well, then?
MR. CRAVEN-We have a couple of tables out there right now.
MR. EAGAN-But mostly we have indoor seating.
MR. CRAVEN-We're not looking to expand anything outdoors at this point. I mean if we had a
lot of wheels turning and ideas to make some more interesting stuff outside, but that's for future.
The new owners have put a lot of money inside. I mean last year we spent $600,000 in new
equipment. Canning line, new tanks. So now we're finally starting to make a go of it. This year
we're very close to profitable.
MR. DIXON-Are you proposing changing the color of the truck at all, any designs?
MR. CRAVEN-I'm not sure. I guess that's an interesting question. Would anything on that
truck be considered a sign? We don't have any signs on the building at this point. I mean I
know we're looking at, at some point we will come to the Department to look at the signage.
We did the sign out by the road and that was through the Town.
MR. TRAVER-That's, we've never considered that before, but this being mobile, Laura, that
would kind of fall between the cracks so to speak, right?
MRS. MOORE-Well, if this is permanent then it would be considered a sign.
MR. TRAVER-Yes, but it's not going to be permanent.
MR. DEEB-So if they write food on the truck, is that a sign?
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MRS. MOORE-Right.
MR. EAGAN-There are companies that wrap your trucks. I mean that's something that we
might consider.
MR. TRAVER-1 imagine you probably will once you get going and you get to see the response,
you're going to want to do something with it.
MR. CRAVEN-1 guess when we do that, if we have a design we can get an artist's rendering,
bring it to you guys and say.
MR. TRAVER-Well, what I would do is contact Laura's office and see if it's something that
requires anything further. I'm not sure that we've dealt with that scenario. Have we, Laura,
where there's a?
MRS. MOORE-1 believe we have.
MR. TRAVER-Really? Okay. All right. Well when you get to that point, and you probably will,
just reach out to Laura and she'll guide you through the steps.
MR. CRAVEN-Yes, because I remember when we did our main sign, because of our distance
from the road, the calculation told you how much, we could have quite a bit of signage on the
building because we're 250 feet back from the road. So we haven't used any of that yet. So
we'll be looking at that, whether this is part of it or not.
MR. TRAVER-Okay.
MR. JACKOSKI-Where will you do all the cooking from?
MR. CRAVEN-Basically just bring it inside the brewery where we have floor drains and
everything inside. We have.
MR. EAGAN-You mean like doing dishes and stuff? Yes, that's all done right on the truck. It's
a self-contained unit.
MR. JACKOSKI-So where does the wastewater go?
MR. EAGAN-There are holding tanks.
MR. JACKOSKI-If you've got it jacked up, are you going to have to remove it from site to empty
the holding tanks?
MR. EAGAN-No, we would just pump it in.
MR. JACKOSKI-Pump it where?
MR. CRAVEN-Into the brewery.
MR. JACKOSKI-Right. So are there grease traps? Most food services places have to have
grease traps.
MR. EAGAN-Yes. Grease traps.
MR. CRAVEN-Yes, there's grease, it's all mounted. It's all fitted on the grease traps.
MR. EAGAN-On the truck itself you're talking.
MR. JACKOSKI-That's what I'm asking.
MR. CRAVEN-Yes. So on the flat top it's got its own built in grease trap right there you just pull
that out.
MR. JACKOSKI-But most restaurants and food services from what I understand have grease
traps in their lines before the septic.
°r)
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MRS. MOORE-So my guess is if you're taking it inside to dispose of it then the interior of your
existing business probably has a grease trap that Chris Harrington probably required at some
point, but my question is, I mean is it evaluated by the Department of Health or anything?
MR. CRAVEN-Yes, we're working with the Department of Health to get that.
MR. MAGOWAN-1 mean you're not really doing any dishes. You're going to have plates and
utensils things like that.
MR. EAGAN-Paper plates.
MR. MAGOWAN-1 mean the amount of grease that you're going to be, this is not like a
restaurant that everything goes through the huge dishwasher and goes, you know.
MR. EAGAN-We're not doing fryers and heavy duty, you know.
MR. MAGOWAN-And most of your plates are probably going to be plastic and paper.
Disposable stuff.
MR. EAGAN-Yes, disposable. Yes.
MR. MAGOWAN-I've seen the food trucks, and like I said, I'm quite impressed sometimes what
they can put in these trucks.
MR. TRAVER-Yes.
MR. MAGOWAN-And that's a pretty good size unit.
MR. EAGAN-It has its own refrigeration.
MR. TRAVER-Other questions, comments? We do have a public hearing this evening, but
there isn't any public. Do we have any written comments, Laura?
PUBLIC HEARING OPENED
MRS. MOORE-There's no written comments.
MR. TRAVER-Okay. Then we'll open the public hearing and close the public hearing.
PUBLIC HEARING CLOSED
MR. DIXON-Steve, I do have a concern. So with this, and maybe I missed it in here. So if we
give approval, it could stay on that property for the next 100 years? Or are we going to restrict
it to a three year approval with a renewal?
MR. TRAVER-Well it's not a Special Use Permit. So it would be, yes, hypothetically it would be
a permanent. I suspect that if they find that the response is overwhelming they'll probably
move to more of a conventional, I mean if there's that much demand for food, you probably will
go from the truck to a more permanent solution.
MR. CRAVEN-1 guess it's possible, if we could figure out a way to have it comfortable in the
winter, if it works. I mean we own it.
MR. TRAVER-Yes, they're not going to stay with the truck forever if there's a lot of demand.
You should know that after a season or two.
MR. CRAVEN-Right. I mean if we don't have to retrofit a kitchen. I mean the one area we
could make a kitchen we're going to make it into a private room for, you know, if somebody
wants to do a wedding shower or, you know, we've had some people requesting.
MR. TRAVER-No, my point is, for the Board's consideration, is the truck isn't going to last
forever. So if at some point in the relatively near future you're either going to have to replace
the truck with something more permanent or get another truck. Right?
MR. CRAVEN-Which at that point if the truck for some reason totally failed, I would imagine we
would just try to put something inside.
MR. TRAVER-Right.
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MR. CRAVEN-Now are you saying if we did that, now it's not a change of use anymore. Would
we have to come back?
MR. TRAVER-Well it would be a change to your Site Plan, yes. You would have to come back
if you were getting rid of your truck and doing a small.
MR. CRAVEN-Sure. Part of this was I apologize we were confused. We weren't changing the
building we were just parking our food truck, and Craig just explained that basically when
Davidsen Brothers had it it wasn't approved for food service, and whether it's inside or outside,
that's why we.
MR. HUNSINGER-There used to be a food truck up at the Outlets that was before this Board for
site plan.
MR. DEEB-Did they have a conditional approval?
MR. HUNSINGER-I don't remember. I don't think so.
MR. TRAVER-No, because it would only be a Special Use Permit that would have potentially a
time limit. Right?
MR. HUNSINGER-Yes. There's no time limit on a regular site plan.
MR. TRAVER-So to answer your question, this would not be time limited.
MR. DIXON-Okay.
MR. TRAVER-But it would be I think functionally time limited. I mean because the truck, in
effect, is not going to last, Number One it's not going to last forever, and Number Two, if there's
a lot of demand they're going to find that it's not an adequate solution.
MR. DIXON-Is there a way for us to incorporate all of that? I mean I'm still thinking after five
years, I mean, if we used five years as a time limit or even ten years for that matter.
MR. TRAVER-I mean I'll leave it up to other Board members to comment, but my comment
would be this is going to limit itself because of the nature of the beast. I mean the truck is not
going to last too long I wouldn't think, and if they get a big response to this, to the limited
amount of food that they have available, and perhaps people asking about something else to
eat, they may find that they want to go from the truck to a more permanent solution. In which
case they would be back before us.
MR. DEEB-Well we can't conjecture what's going to happen.
MR. TRAVER-Yes, I mean that's what Mike's saying.
MR. CRAVEN-What's the concern?
MR. DIXON-1 guess my concern would be, let's say you operate this for the next ten years.
You decide that you don't want to put any money into it. It starts rusting out along the outsides,
the front, and it starts to become an eyesore.
MR. TRAVER-I mean that wouldn't be good for business. That would, again, be a situation
where they'd have to find an alternative.
MR. CRAVEN-We don't want to go backwards. I mean, I could see that if it worked for a while
and we wanted a more expansive kitchen that we might just sell the food truck. Sell it to
somebody.
MR. DEEB-Upgrade the truck and get a better one.
MR. JACKOSKI-Why not just condition it to say that it can stay on site in that location as long as
it's being used for food service. Because you're right.
MR. TRAVER-Well that's the application. The application is for food service, but if they wanted
to change the truck and use it for something else they'd have to come back.
MR. JACKOSKI-What happens if they just stopped using it and leave it there?
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MR. MAGOWAN-If it's anything like my 1970 P-30 bread truck that I have it's all aluminum,
except for the frame, you know. So I can go with, when your tires are dry rotted that's it, you
know, you can't put another set for your time limit, but, no, I think if this takes off for you I
foresee you moving something into like Long Trail in Vermont.
MR. TRAVER-So let's add a condition that the truck is on site as long as it's used for food
service.
MR. MAGOWAN-Okay.
MR. TRAVER-How's that? Any other discussion? This is an Unlisted SEAR, believe it or not.
I don't think I've ever done a SEQR on a vehicle.
MRS. MOORE-It doesn't fall into, there's no Type 11 category that I could fit it into.
MR. TRAVER-So it's literally Unlisted. So do we see any, I mean they've addressed the
environmental concern in terms of, you know, there's not going to be anything coming out of the
vehicle that isn't cycled through the appropriate facility in the building. I don't imagine you
would tolerate it if it started leaking oil or something. You'd probably want that repaired so it
wouldn't do damage to your parking lot. So I guess I'm not seeing any environmental concerns
with it, but I'll open it up to other members of the Board. Does anyone feel this is a SEQR issue
potentially? Okay. Then let's do the SEQR resolution if we could first.
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP # 61-2018 GLENS FALLS
BREWING
The applicant proposes to place a food truck in a 224 +/- sq. ft. area to operate a food service in
conjunction with the existing brewery/tasting room operation. The food truck will be parked
directly adjacent to building (tasting room). Food truck is specifically for patrons of the brewery
Pursuant to Chapter 179-9-010 of the Zoning Ordinance, new commercial development 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 61-2018 GLENS FALLS
BREWING CO., LLC. Introduced by David Deeb who moved for its adoption.
As per the resolution prepared by staff.
1. Part 11 of the Short EAF has been reviewed and completed by the Planning Board.
2. Part III of the Short EAF is not necessary because the Planning Board did not identify
potentially moderate to large impacts.
Motion seconded by Chris Hunsinger. Duly adopted this 25th day of September, 2018 by the
following vote:
AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb, Mr. Dixon, Mr.
Traver
NOES: NONE
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MR. TRAVER-So now moving on to Site Plan, I think the only addition to the draft was the
condition that the truck is, it's approved provided it's used for food service. Right?
MR. DEEB-Yes.
MR. TRAVER-So I guess we're ready for that motion.
RESOLUTION APPROVING SP # 61-2018 GLENS FALLS BREWING, CO, LLC.
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 to place a food truck
in a 224 +/- sq. ft. area to operate a food service in conjunction with the existing brewery/tasting
room operation. The food truck will be parked directly adjacent to building (tasting room). Food
truck is specifically for patrons of the brewery Pursuant to Chapter 179-9-010 of the Zoning
Ordinance, new commercial development 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 09/25/2018 and
continued the public hearing to 0/25/2018, 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
09/25/2018;
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 61-2018 GLENS FALLS BREWING CO., LLC.
Introduced by David Deeb who moved for its adoption.
Per the draft provided by staff conditioned upon the following conditions:
1) Waivers request granted:
2) Adherence to the items outlined in the follow-up letter sent with this resolution.
a. The truck will remain on site only as a food service business.
Motion seconded by Brad Magowan. Duly adopted this 25th day of September, 2018 by the
following vote:
AYES: Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr.
Traver
NOES: NONE
MR. TRAVER-You're all set.
MR. DEEB-What's the length of the truck?
MR. EAGAN-I thought it was 12 by 24.
MR. HUNSINGER-Eight by twenty-eight.
MR. EAGAN-Eight by twenty-eight.
MR. CRAVEN-Thanks for your help.
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SITE PLAN NO. 46-2018 SEAR TYPE: UNLISTED. RASHEED BHATTI. OWNER(S):
SAME AS APPLICANT. ZONING: CI. LOCATION: 1602 STATE ROUTE 9. (1)
APPLICANT REQUESTS TO MAINTAIN EXISTING IMPROVEMENTS TO CABIN 1 AT 270
SQ. FT. WITH A 132 SQ. FT. DECK, AND CABIN 2 AT 294 SQ. FT. WITH A 144 SQ. FT.
DECK. PROJECT WORK FOR CABINS 1-7 INCLUDE EXTENDING ROOF AREA OVER
PORCH AREA OF THE CABINS. (2) PROJECT ALSO INCLUDES REMOVAL OF A 75 SQ.
FT. STORAGE AREA AT THE REAR OF THE MAIN MOTEL UNIT BUILDING TO
CONSTRUCT A 420 SQ. FT. STORAGE BUILDING ADDITION. PROJECT ALSO
MAINTAINS PREVIOUS SITE PLAN TO CONSTRUCT 4 ADDITIONAL CABINS SP PZ 153-
2016 AND ASSOCIATED SITE WORK. APPLICANT HAS ACTIVE PERMITS FOR CABINS
3, 4, & 5RENOVATIONS IN SAM FOOTPRINT. PURSUANT TO CHAPTER 179-3-040 OF
THE ZONING ORDINANCE, NEW COMMERCIAL CONSTRUCTION SHALL BE SUBJECT
TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: CABIN 2 REQUIRES
SETBACK RELIEF. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE
ZONING BOARD OF APPEALS. CROSS REFERENCE: SP PZ 153-2016, AV 33-2017,
ASSORTED BLDG. PERMITS. WARREN CO. REFERRAL: JULY 2018. SITE
INFORMATION: TRAVEL CORRIDOR OVERLAY. LOT SIZE: 3.95 ACRES. TAX MAP
NO. 288.8-1-11.2. SECTION: 179-3-040.
MR. TRAVER-So, Laura, Mr. Bhatti did not comply with coming in for his unapproved
development and so should we table it until November?
MRS. MOORE-You can table it to November.
MR. TRAVER-So let's table it until November 2025.
MRS. MOORE-You can table it to the October meeting. Our first meeting is not a, there's three
items on the first meeting if you remember.
MR. TRAVER-Right, but do we have to table it to October?
MRS. MOORE-No, but you have all the information.
MR. TRAVER-Okay. Does it have to be October of this year? All right. So we can entertain a
tabling motion, then.
MR. DEEB-Okay.
RESOLUTION TABLING SP #46-2018 RASHEED BHATTI
The applicant has submitted an application to the Planning Board for Site Plan approval
pursuant to Article 9 of the Town zoning Ordinance for: (1) Applicant requests to maintain
existing improvements to Cabin 1 at 270 sq. ft. with a 132 sq. ft. deck, and Cabin 2 at 294 sq. ft.
with a 144 sq. ft. deck. Project work for Cabins 1-7 include extending roof area over porch area
of the cabins. (2) Project also includes removal of a 75 sq. ft. storage area at the rear of the
main motel unit building to construct a 420 sq. ft. storage building addition. Project also
maintains previous site plan to construct 4 additional cabins SP PZ 153-2016 and associated
site work. Applicant has active permits for cabins 3, 4 & 5 renovations in same footprint.
Pursuant to Chapter 179-3-040 of the Zoning Ordinance, new commercial 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;
MOTION TO TABLE SITE PLAN NO. 46-2018 RASHEED BHATTI, Introduced by David
Deeb who moved for its adoption, seconded by Michael Dixon:
Tabled to the October 16, 2018 Planning Board meeting.
Duly adopted this 25th day of September, 2018, by the following vote:
AYES: Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb
NOES: Mr. Traver
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MR. TRAVER-All right. So that concludes the regular agenda. I did want to mention a couple
of things that impact our activity next month. So the first meeting in October, October 16tn
we're going to convene at six instead of seven because we have training, right?
MRS. MOORE-We have MS-4 training.
MR. MAGOWAN-And that's for?
MR. TRAVER-Soil and Water Conservation.
MRS. MOORE-Soil and water.
MR. TRAVER-Will be providing that training and we have a relatively light agenda, except that
we just added one, but also note on the 23 d we only have one item on the agenda for that
evening. So our current plan is, once we have concluded the Planning Board meeting, we're
going to remain and we're going to open the committee meeting on unapproved development.
MR. DEEB-And that's the second meeting?
MR. TRAVER-On the 23rd. So hopefully if we have one item we may be done with the regular
Planning Board meeting by say 7:30 or so and between now and then we'll be inviting
representatives from the ZBA, the Town Board. We thought about Chris Navitsky the Lake
George Water Keeper I know is concerned about unapproved development. Let's see, who
else were we talking about?
MRS. MOORE-1 think you had suggested Kathy Bozony.
MR. TRAVER-Kathy Bozony. Okay. And I'll open it up for discussion. Are there other folks
that Board members feel we should invite? This is basically for subject matter experts or to get
not public comment but rather, although it will be open to the public but we won't be taking
public comment at that meeting. We'll schedule another meeting for that. This is basically to
get input to the issue. We're going to try to do a bit of scoping and talk about the nature of the
issue, reflect on the various impacts to zoning, environment, Lake George and so on and so
forth, but I certainly welcome any suggestions that anyone has for additional people to be
invited to provide us with information on the impact of unapproved development. If you don't
think of anyone this evening maybe you could reach out to myself and Laura and she will extend
an invitation.
MR. DEEB-Is John going to be invited, John Strough?
MR. TRAVER-The Town Supervisor would be invited?
MRS. MOORE-Yes.
MR. TRAVER-As other members, but now Laura you had a concern about the number of Board
members that conceivably?
MRS. MOORE-I'll work that detail out if it comes to be.
MR. TRAVER-Okay, and the same with the ZBA. I know that Mr. Freer, the Chairperson,
would like to attend.
MRS. MOORE-And he suggested I believe it would be Mr. Freer and Mr. McCabe.
MR. TRAVER-Okay.
MR. HUNSINGER-What about Tom Hutchins?
MR. TRAVER-Well, we're not going to be, I mean, what do you think?
MRS. MOORE-We can invite them. I mean they're aware of the committee.
MR. TRAVER-Yes, I mean we're not taking any action. At some point we'll be advocating for, I
would hope that we'd be advocating for some action on the part of the Town Board in terms of
Code changes, but we're not going to be doing that now.
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MR. MAGOWAN-Mr. Chairman, didn't we talk about asking, so we didn't get into this situation of
having a representative, you know, one representative and that, you know, so they can go back
and talk. So we're not like having a quorum.
MR. TRAVER-Well that's the issue that Laura's going to be looking at for us.
MRS. MOORE-If it comes to fruition that there's enough to make quorum, I'll work with Counsel
and determine if there's something that we're supposed to advertise, and I think that would be
the only thing I could think of.
MR. HUNSINGER-Yes. You would think it would be an open meeting and you'd have to
advertise it.
MR. TRAVER-Well, it's going to be advertised anyway. Isn't it?
MRS. MOORE-Correct, but I may have to advertise it in the sense that there's a quorum, but I'd
have to look into that detail. I don't know for sure.
MR. TRAVER-So currently it's just going to be advertised as a committee meeting of the
Planning Board that's to discuss unapproved development.
MRS. MOORE-Correct.
MR. TRAVER-Okay. I mean I would like that information out there in the public anyway, just so
people are aware, because I would like to see this generate some interest. Because I know
we've had complaints often inaccurate of, you know, why did this guy next door to me get to do
this, that and he didn't get a permit. So it's something that.
MR. HUNSINGER-It's an issue that's not going to go away.
MR. TRAVER-Right, but if we, with the tremendous increase in, at least what I perceive to be a
big increase in the number of previously unapproved applications, I think any steps we can take
to mitigate it. For example there was a problem that we recognized one day where there was
fertilizer going into the lake. So what did we do? We changed the Code, and I think we can do
the same thing with some elements I suspect with unapproved development that will make an
impact such that there will be less, it will be discouraged. So anyway. You're all invited to
that. Is there any other business before the Planning Board this evening? Then I'll entertain a
motion to adjourn.
MR. HUNSINGER-Motion to adjourn.
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF
SEPTEMBER 25t", 2018, Introduced by Chris Hunsinger who moved for its adoption, seconded
by David Deeb:
Duly adopted 25th day of September, 2018, by the following vote:
AYES: Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr.
Traver
NOES: NONE
MR. TRAVER-We stand adjourned. Thanks, everybody.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Stephen Traver, Chairman
46