01-15-2019
(Queensbury Planning Board 01/15/2019)
QUEENSBURY PLANNING BOARD MEETING
FIRST REGULAR MEETING
JANUARY 15, 2019
INDEX
Site Plan No. 69-2018 Addictions Care Center of Albany (ACCA) 1.
Freshwater Wetlands Permit 1-2019 Tax Map No. 296.19-1-42
Subdivision No. 13-2018 Clear Brook, LLC 14.
PRELIMINARY STAGE Tax Map No. 316.14-1-6
Freshwater Wetlands Permit 6-2019
Site Plan No. 1-2019 Lance Hillman 23.
ZBA RECOMMENDATION Tax Map No. 239.8-1-54
Site Plan No. 4-2019 Tracy Taylor 25.
ZBA RECOMMENDATION Tax Map No. 289.10-1-13
Site Plan No. 2-2019 Stewart’s Shops Corp. 27.
ZBA RECOMMENDATION Tax Map No. 309.13-2-25
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 01/15/2019)
QUEENSBURY PLANNING BOARD MEETING
FIRST REGULAR MEETING
JANUARY 15, 2019
7:00 P.M.
MEMBERS PRESENT
STEPHEN TRAVER, CHAIRMAN
CHRIS HUNSINGER, VICE CHAIRMAN
DAVID DEEB, SECRETARY
BRAD MAGOWAN
JAMIE WHITE
JOHN SHAFER
MICHAEL DIXON, ALTERNATE
LAND USE PLANNER-LAURA MOORE
STENOGRAPHER-MARIA GAGLIARDI
MR. TRAVER-Good evening, ladies and gentlemen. Welcome to the Town of Queensbury
Planning Board meeting for Tuesday, January 15, 2019. This is our first meeting for January
and also the first meeting for 2019. So welcome to a new year of Planning Board meetings.
Before we begin our administrative items, I do have a couple of things to report to the
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Board. One is on the 7 I was re-appointed as Chair. So with that after our annual meeting
that completes the selection of officers for this coming year. So to those that have
renewed their interest in serving, thank you very much. Also it should be noted that Mr.
Magowan was re-appointed to the Planning Board for another term. Thank you very much
for agreeing to serve. The other thing I wanted to report was last night at the Town Board
workshop I presented and discussed with the Town Board the report of the Unapproved
Development Committee. They were quite receptive. They took the three initial
recommendations that we made under advisement and may elect to act on them and I will
have further reports as they come along. The iPad project for the Planning and Zoning
Board has its first phase starting Friday when myself and the ZBA Chair are going to get
oriented and trained on the Town issued iPad, shortly to be followed by the co-Chairs and
the goal eventually is for all planning and zoning members to have Town issued iPads which
hopefully will reduce our paperwork and make things more efficient. So we’ll see how that
goes and maybe next Tuesday I can bring mine to the meeting and you can have a chance to
look at it. Any questions on any of that reporting? Okay. Well with that we’ll start our
regular agenda. The first item is approval of minutes for November 13 and November 27,
2018.
APPROVAL OF MINUTES
November 13, 2018
November 27, 2018
MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES OF
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NOVEMBER 13th & NOVEMBER 27, 2018, Introduced by David Deeb who moved for its
adoption, seconded by Brad Magowan:
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Duly adopted this 15 day of January, 2019, by the following vote:
AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Magowan, Mr. Dixon, Mr. Traver
NOES: NONE
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ABSTAINED: Mr. Hunsinger
MR. TRAVER-And before we begin our regular agenda, I neglected to mention just to remind
folks if you have an electronic device if you would either turn it off or turn the ringer off
so we’re not interrupted. Fortunately I remembered mine this time. The other thing I
wanted to point out is you’ll notice the illuminated exit signs. If there’s an emergency and
the lights go out or we have some other problem requiring an evacuation, those are your
exits. Please do so. Okay. So now we move to the next section of our agenda. The first
section being Tabled Items, and the first item being the Addictions Care Center of Albany,
Site Plan 69-2018 and Freshwater Wetlands Permit 1-2019.
TABLED ITEMS
SITE PLAN NO. 69-2018 FRESHWATER WETLANDS PERMIT 1-2019 SEQR TYPE:
UNLISTED. THE ADDICTIONS CARE CENTER OF ALBANY (ACCA). AGENT(S): BBL -
JOHN KELLOGG OWNER(S): PRIME GLENWOOD, LLC. ZONING: CI. LOCATION:
79 GLENWOOD AVENUE. APPLICANT PROPOSES TO USE AN EXISTING TWO STORY
STRUCTURE FOR A HEALTH RELATED FACILITY – A WOMEN’S RESIDENTIAL
SUBSTANCE USE DISORDER TREATMENT AND RECOVERY SERVICE. THE EXISTING
BUILDING IS 4,357 SQ. FT. (FOOTPRINT). THE APPLICANT PROPOSES NO EXTERIOR
CHANGES TO THE BUILDING OR SITE. REVISIONS TO SITE WORK INCLUDES NEW
GREEN SPACE AREA AND PRIVACY FENCING ON EITHER SIDE. PURSUANT TO
CHAPTER 179-3-040 OF THE ZONING ORDINANCE, NEW USE FOR HEALTH RELATED
FACILITY SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS
REFERENCE: SP 32-88; AV 1412-21815; 2006-439 & 2012-551 COMM. ALT.; MULTIPLE
SIGNS & PERMITS. WARREN CO. REFERRAL: NOVEMBER 2018. SITE INFORMATION:
WETLAND. LOT SIZE: .83 ACRE. TAX MAP NO. 296.19-1-42. SECTION: 179-3-040.
KEITH STACK, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-Okay. In this project the applicant proposes to update an existing two story
structure for a health related facility, and I’m just going to read through the revised
information that they provided to us. So in regards to arrangement, the site changes include
additional green spaces and fencing on the site. With regards to traffic, there’s 33 spaces
on the site and 32 are proposed. One is being lost to additional green space and arrangement
of the parking area, and under revised landscaping, the revised plans show 2,300 square feet
of hard surfacing to be removed and green space to be installed on the west side property
line west side of the building and to the rear of the property. In addition the entrance
area will have two green space areas added. Also revised the floor plans. The floor plans
include interior rooms to be completed for both the first and second floor. The plan now
indicates all bedrooms will include windows. In reference to the Freshwater Wetlands
Permit, I do, or I did receive an Army Corps Wetland letter indicating that they have no
jurisdiction and that project can move forward as described. The Army Corps did review
the Ingalls report on the wetlands and reviewed the information that the applicant was
adding green space close to the stream and indicated they don’t have jurisdiction.
MR. TRAVER-Okay. Thank you, and we did receive that letter from the Corps by e-mail so
we’ve had a chance to look at that.
MRS. MOORE-Yes.
AUDIENCE MEMBER –We can’t hear her very good.
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MRS. MOORE-Well, I do have some devices. Do you have hearing services because I do
have one.
AUDIENCE MEMBER-I have good hearing but she’s talking so low.
MRS. MOORE-This is the only mic I’ve got.
MR. TRAVER-Well, sir, the applicant is going to be coming up and will be reviewing the items
that were discussed and there’s also a public hearing that remains open from the first time
the applicant was before this Board. So there will be an opportunity for you to get more
information. Okay. Thank you. And with that if the applicant could come forward.
MR. DEEB-Mr. Chairman, I’m going to recuse myself from this project. A few of my
neighbors are out there.
MR. TRAVER-Sure. I believe you did the last time.
MR. DEEB-The last time also.
MR. TRAVER-So good evening. Welcome back.
MR. STACK-Thank you. My name is Keith Stack. I’m the Executive Director of the
Addictions Care Center of Albany.
MR. TRAVER-Okay, and when you were here the first time we had quite a discussion about
a number of items, and we had some public comment as well, and I see by your revised
application that you have responded to those comments and to the discussion with the Board.
Could you outline for us some of the changes that you made in response to our discussion
the last time we were here?
MR. STACK-Yes. I think most specifically there was concern about fencing on both sides
of the property, and the side that borders the Town Court property.
MR. TRAVER-That’s on the east side where the Town Court is where people are often outside
awaiting their appearance, and then on the west side there is a playground area for children.
MR. STACK-Correct. So we’ve added that to the Site Plan, the height, the type of fencing
that you had requested, and the other issue I think that one of the main issues was green
space. We had intended to add green space to the property. We wanted to get some
feedback on that from the Town Planning Board. It’s really the only alteration to the
property is adding additional green space. So we did identify that on the new Site Plan.
There was the issue with the brook that runs on the north side of the property. That was
a Federal designated wetland. Reached out to the Army Corps of Engineers and they
provided the documentation that you have. So I think those were some of the main issues.
We did identify the bedrooms.
MR. TRAVER-Yes, there was some concern, particularly on the second floor, there were
some interior rooms and you did provide us some additional detail.
MR. STACK-Yes, and you know the floor plans were very rudimentary. They were more just
to show how we layout the building. It really wasn’t a final design by any means, and the
Building Code nor the State regulatory agency wouldn’t allow a bedroom without windows,
but we did address that issue.
MR. TRAVER-Okay. Anything else that you wanted to mention?
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MR. STACK-No. I think we’re happy to make those amendments to the Site Plan. I think
it will strengthen the program, additional green space. It’s always good to have additional
privacy and I think we’re going to manage the traffic flow better, our own property traffic
flow, and the added green space should improve the appearance of the program.
MR. TRAVER-Okay. Questions from members of the Planning Board?
MR. MAGOWAN-I just wanted to thank you for taking another look and making those
changes. It really, if you compare the before and afters I think it’s going to really look nice
and softening the entrance and the one way exit I think is a great idea. So thanks.
MR. STACK-Certainly.
MR. DIXON-I have a question actually for Laura. I forgot to look at this ahead of time,
but the six foot high solid fence that we had suggested and recommended out there, how
far, or how close to the road can that be? I thought there was a setback on that?
MRS. MOORE-There may be. I’d have to look at that. We’ll ask that to confirm that
distance.
MR. DIXON-But the plans are much improved.
MR. SHAFER-It’s usually to the highway right of way line, wherever that is.
MRS. MOORE-It potentially is, and so that’s why I’m not going to say exactly what it is
because I need to look into it.
MR. TRAVER-We do have a public comment that remains open on this project. If there’s
no other questions at this stage from other members of the Board then I guess I’ll ask the
applicant to leave the table and I’ll ask the audience, are there members of the audience
that wanted to address the Planning Board on this application? Yes, sir.
PUBLIC HEARING OPEN
ADAM GESSINGER
MR. GESSINGER-My name is Adam Gessinger. I went and got the original plans of that
building when it was put in, and I don’t know if it had a survey or not, but I don’t know if
they have enough property that they own.
MR. TRAVER-I’m not sure I understand your question.
MR. GESSINGER-Here’s the plans of the building. Okay.
MR. TRAVER-The original plans.
MR. GESSINGER-The original plans for the building showing the road going down through
there, which is owned by the Town of Queensbury. Now my question is did they survey so
that from the other fence line over here they have enough property before they get to that
road?
MR. TRAVER-Well, we can look into that. We’ll ask that question.
MR. MAGOWAN-Now what road are you talking about?
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MR. GESSINGER-The one that comes over from Quaker. That’s the road that comes over
from Quaker, plowed by the Town of Queensbury. Put in by the Town of Queensbury.
MS. WHITE-Glenwood Avenue.
MR. MAGOWAN-No, the access road between that and the Bank.
MS. WHITE-The right of way. It’s not a road.
MR. TRAVER-We asked for clarification on that the last time they were here. There were
some comments on that.
MR. MAGOWAN-Yes, but does Queensbury plow that?
MR. GESSINGER-They promised before that they were going to shut the road right off.
MR. TRAVER-Okay. So your question is who plows it?
MR. GESSINGER-No. I’m not questioning who plows it. I’m questioning who owns it.
MR. TRAVER-Who owns the easement.
MR. GESSINGER-Who owns the access through there. Now that was put in by a
professional contractor or a professional somebody that did it. I don’t know if the bank
had that put in or the accountants that owned that building at one time who had that done.
I’m just questioning whether they have the land that is shown to do everything. That’s the
question I’m asking.
MR. TRAVER-When you say to do everything, you mean to put in the fencing, put in the
additional green space?
MR. GESSINGER-No, I’m talking do they have enough, what their property is over here,
where their property lines are.
MR. TRAVER-Okay. That’s clear enough.
MR. GESSINGER-Where are they? Are they professionally surveyed to know where they
are?
MR. TRAVER-I think Laura’s putting up the official Town map as we speak. We should be
able to have that.
MR. SHAFER-Mr. Chairman, the deed is in our package.
MR. TRAVER-I’m sorry?
MR. SHAFER-The deed is in our package.
MR. TRAVER-Yes.
MR. GESSINGER-Okay the deed should say where it is.
MR. TRAVER-Right, but for our purposes I think it would be easier for us to simply look at
the property lines as indicated on the official Town map.
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MR. GESSINGER-I have the same thing. Now you go measure that out though. The
building’s 83, 84 feet long. There’s about 80 feet on this side of the road maybe.
MRS. MOORE-This is not a road.
MR. GESSINGER-No, not, the other side of the building.
MRS. MOORE-This side. To the Court?
MR. GESSINGER-So they only have 224 feet. I’ve got it right here.
MR. MAGOWAN-You’re saying that the west side of that building is a road? Not that side,
the other side.
MR. GESSINGER-It’s not a road. It’s their land. Between the building and the fence of
the playground. I’m talking about the frontage now. Okay. It’s 224 feet.
MR. TRAVER-Okay, and your concern is, what, that that’s inadequate road frontage?
MR. GESSINGER-Well I’m questioning it. I’m not concerned whether it is.
MR. TRAVER-Okay. Well you just gave a number. So assuming your number is accurate.
MR. GESSINGER-Well the 224 is on your map.
MR. TRAVER-I guess I’m still not, and I apologize. I’m not fully understanding what you’re
getting at.
MR. GESSINGER-Okay. Glenwood’s frontage is 224 feet.
MR. TRAVER-Okay. Let’s assume so.
MR. GESSINGER-Now my question only is where that line comes now.
MR. TRAVER-The east and west property lines?
MR. GESSINGER-Now they show the access road back when that building was built. Now
does their line go over that access road or is it before it? I want to know if it was surveyed.
That’s all I want to know.
MR. TRAVER-I’m sorry, you want to know what about the survey?
MR. GESSINGER-If they did a survey of the property. If a surveyor came in and said these
are the points. That’s all I’m asking. If that survey was taken where the line actually is.
MR. TRAVER-Okay. Well I’m reasonably confident that the property has been surveyed at
some point, and what would you want to do with that information?
MR. GESSINGER-I’m asking them or you, looking at this here, they will not go over from
that fence over to the Town building.
MR. MAGOWAN-They actually do. They own that property. That’s an easement. So it’s
in the agreement that that access road to be tied into, you know, for the Bank use and that.
MR. GESSINGER-When they built that building over there they said that this here is 224
feet. That’s the line.
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MR. MAGOWAN-Okay. Isn’t that from the playground over to the fence where the
Queensbury is correct?
MR. GESSINGER-Right.
MR. MAGOWAN-And what do you have across? Can you measure that?
MS. WHITE-She just did.
MRS. MOORE-I just did.
MS. WHITE-It’s 227.
MR. MAGOWAN-219.27 feet. What do you have?
MRS. MOORE-This is an estimate, 227, but that’s drawn on a scale.
MR. TRAVER-I guess my question would be, hypothetically, let’s say it was 200 or 250, what
would your question be?
MR. GESSINGER-My question is, is you said this was an easement, right, a right of way.
MR. TRAVER-Yes, I believe that’s the language, right, in the deed.
MR. GESSINGER-So they’re not doing anything on that right of way.
MR. TRAVER-I don’t believe that they have plans to do anything on the right of way, no.
That’s not part of their Site Plan.
MR. GESSINGER-So where are they getting the parking spaces over near the Town building?
MR. TRAVER-They are depicted on the Site Plan application that you see before you.
MR. GESSINGER-Yes, well if that’s the easement through there.
MR. TRAVER-No, that’s not the easement. The easement is where it goes over the
waterway. That’s the easement, not that property.
MR. GESSINGER-So for all these years that the Town of Queensbury has been plowing that,
and the map shows that going through there, all at once now it’s disappeared.
MR. TRAVER-I don’t know that history. I’m sorry.
MR. GESSINGER-There’s got to be an answer someplace.
MRS. MOORE-I mean it’s an easement that’s existing. It’s not going away. That easement
stays in the same length, same distance that it goes from Glenwood to Quaker. There’s no
change in this application. He’s not making any changes to it. It actually identifies and
clarifies it. It is actually an easement.
MR. GESSINGER-So the road is going to be there and everybody can still drive through it?
MRS. MOORE-There’s no cut off at this point, no.
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MR. GESSINGER-The only thing I was saying just looking at this drawing that I had there,
and I didn’t survey out there so I don’t know actually where the property lines are.
MR. TRAVER-All right. Understood.
MR. GESSINGER-But I’d like to see this brought up so it can be a note what was actually
put on this drawing when they built that building.
MR. TRAVER-Well you can go to the Town, queensbury.net, and look at the entire Site Plan.
MR. GESSINGER-This is from there right now. That’s what I’m looking at. They just sent
it to me.
MR. TRAVER-Okay, and your question is?
MR. SHAFER-Is that the survey done by MJ Engineering in October of 2018? We have
before us a survey done by MJ Engineering dated.
MR. GESSINGER-No, this is what I just took when they built the building.
MR. SHAFER-Well we have a survey that shows.
MR. TRAVER-It’s a more recent survey, and if you go to queensbury.net, you can download
and also review on line the actual application, all the application information including the
most recent survey.
MR. GESSINGER-Okay. As long as they have enough room on there, but I don’t want to
see, when the snows out, five cars parked out over on our Westwood Road because they can’t
get in their parking lot.
MR. TRAVER-Understood.
MR. GESSINGER-Because that’s a private road and that means that can be towed.
MR. TRAVER-Understood, and we’ll ask the applicant that question. Thank you.
MR. GESSINGER-Thank you.
MR. MAGOWAN-Would you like this one? It’s a little bit larger with some colors and
numbers?
MR. GESSINGER-Can I just look at it? I don’t want to take it.
MR. MAGOWAN-Sure.
MR. TRAVER-Was there anyone else that wanted to address the Planning Board? Yes, sir.
LIONEL LEMERY
MR. LEMERY-Do you need a name?
MR. TRAVER-Please, for the record.
MR. LEMERY-Lionel Lemery. Just to make sure I understood the previous conversation.
Now the easement across Halfway Brook will remain open and that will remain a public way,
open to the public across here. Correct?
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MRS. MOORE-There’s no interruption in that easement.
MR. LEMERY-Okay. Just so I understand. The only thing I would ask is if Mr. Stack would,
if you’d put the colored map up again, and if he would point out where that extra green area
is. We don’t have the advantage of getting the documentation you folks have. I’m just
curious as to where, you know, what changes to the layout are being proposed for my
information.
MR. TRAVER-Actually you have access if you go to the Town website. I figured I’d come
here and save myself a lot of computer time.
MR. TRAVER-Understood.
MR. MAGOWAN-Do you want to view this while he’s viewing the other one? It shows you
the changes and the highlights there.
MR. TRAVER-And there also on the projector is the plan. So did you have anything else?
MR. LEMERY-No, that’s it. Thanks. Just for clarification.
MR. TRAVER-Okay. Was there anyone else that wanted to address the Planning Board?
Yes, ma’am.
SUSAN ANDREWS
MS. ANDREWS-Susan Andrews, and I just wanted to thank you, Mr. Traver, as Chairman of
the Queensbury Town Planning Board and each individual committee member who
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participated in the November 13 meeting. You showed utmost courtesy, attention and
respect towards each of us who chose to express our individual concerns and it was very
apparent from your own initial questions that you had done a very thorough review of all the
proposals and accompanying documentation well in advance of that meeting and your ultimate
summarization of the key issues of concern and your appropriate taskings to Addictions Care
Center’s staff to ensure optimal attention to these concerns and their prompt actions in
responding to your suggestions has led to an outcome that I feel will benefit future patients
and their families, the staff who work at this treatment center, as well as our local
communities, and I’d also like to express gratitude, for the record, to John Strough and to
Catherine Atherden who met with Lionel Lemery and I on February 22, 2018 just a week
after that last year’s Post Star article that created a little eruption in our community. They
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subsequently set up the meeting on March 9 between Mr. Stack, the Director of Additions
Care Center, and he presented a more in depth program of information and he graciously
allowed more than an hour of questions from seven of us local homeowners, and I really feel
that Mr. Stack is to be commended for his consistent professionalism, his effective
management skills in dealing with the myriad of concerns which erupted last year and for his
willingness to make whatever concessions possible for the welfare of all parties involved in
this proposal. The big bonus that no one could have imagined and I never even dreamed of
is the proposed move of the Freedom Park’s handicap accessible playground setup over to
Hovey Pond which offers an environmentally safe and exciting site for children of all abilities
to experience nature at its finest through all the seasons ahead. I really feel like this has
been a true experience of democracy at its very best and we can only hope that it will serve
as a positive example for future issues affecting Queensbury, all of Warren County, our
State and our nation. I believe that hope is everything and it’s worth stepping up to the
plate for what’s right for all of us. Thank you so much.
MR. TRAVER-Thank you, ma’am.
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MR. MAGOWAN-Thank you.
MR. TRAVER-Was there anyone else that wanted to address the Planning Board on this
application?
MR. GESSINGER-Just one more question.
MR. TRAVER-Come up to the table again, please. Normally we don’t but I know that you had
to get some additional information. If you don’t mind, re-state your name for the record,
please, just to make sure that the minutes are accurate.
MR. GESSINGER-Adam Gessinger. I was going to ask, they’ve got delivery trucks now. The
new delivery trucks will be able to go around and exit out to Glenwood?
MR. TRAVER-There are no plans for additional curb cuts, no, but we will ask, your concern
is about delivery trucks? We will ask him.
MR. GESSINGER-Yes, because you know Glenwood is very, very narrow.
MR. TRAVER-Sure, we will ask the applicant to clarify that. Thank you. Was there anyone
else that wanted to address the Planning Board on this application? Laura, were there any
written comments?
MRS. MOORE-There were no written comments.
MR. TRAVER-Then we will close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-And ask the applicant to return to the table if you would, please. So you heard
some questions about clarification on the right of way. The information that I have is
essentially that right of way remains in effect unchanged.
MR. STACK-Right.
MR. TRAVER-That really doesn’t have anything to do, in a way, with your application but
there were questions about that. The other question that was raised was about snow
removal. You’re going to be plowing your parking lot one would assume and your parking lot
is not part of the right of way, but what’s your plan for snow removal?
MR. STACK-We typically have maintenance staff. We plow ourselves. That’s what we do
in Albany. We may subcontract that out here until we’re fully in place. We’re most likely
going to plow, move the snow behind that new green space.
MR. TRAVER-Okay.
MR. STACK-So we’ll be putting it there. We won’t be putting it towards the stream, and
obviously you’re not going to block the right of way, and frankly that’s one of the reasons
why we wanted to put green space on the side and not in the back. The mechanicals will be
back there. There’s actually roof shed back there. Probably a dumpster will go in the back.
So much of that back will be very functional for us.
MR. TRAVER-Okay. Another question that came up regarding delivery trucks. Now it’s to
be expected I think that when you, should you obtain approval and when you are doing your
final moving in and modification to the building there will be various items of equipment,
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furniture and so on, being delivered, but once your facility is considered operational, can you
discuss with us what you anticipate in terms of delivery truck traffic.
MR. STACK-Primarily it will be trash pickup, and based upon our programs in Albany, that’s
the regular delivery. We purchase our own food. So we have vans and they transport clients
as well as we pick up supplies. So we’re not purchasing from a big food service organization
that would come in with a tractor trailer. We’d have furniture delivery initially, you know,
probably at some point down the road if we have to replace furniture there’d be a furniture
truck delivery, but I mean generally we don’t have a lot of truck traffic. Trash pickup is
our main regular.
MR. TRAVER-So you have 10 passenger van type vehicles?
MR. STACK-We typically have a like mini-van and then a 12 passenger van.
MR. TRAVER-Okay, and you expect that for shopping you would probably use one of those
vehicles?
MR. STACK-Yes, typically what we do is we take the seats out of the 12 passenger van for
shopping, but we do that regularly. Part of the regulatory application is that we’re buying
fresh nutritious food, and we’re not feeding hundreds. It’s 18 women. So we don’t need to
store large quantities of food. So we typically buy on a regular basis.
MR. TRAVER-Right. Understood, and hopefully you buy locally, too. Right?
MR. STACK-We do.
MR. TRAVER-Good. Okay.
MR. MAGOWAN-Chances are the biggest thing that would really come in would be a box
truck for furniture.
MR. STACK-Yes, and again that would be initially, but we do replace furniture. If we have
the typical service vehicles. In Albany we use Family Danz for heating and cooling. Those
are small trucks or vans, but nothing excessive. Really as I think about it the trash pickup
is our big vehicle that comes in.
MR. TRAVER-And you’d be contracting that out to a local provider?
MR. STACK-Yes, we do.
MR. TRAVER-Okay. Do you have anything else? You heard the public comment. Was there
anything else you wanted to add?
MR. STACK-No, actually I’ve enjoyed my interactions with the neighborhood association,
with the Town, and coming here regularly now for over a year. I found it very welcoming
and supportive. I look forward to providing services here,
MR. TRAVER-Good. Any other questions or comments by members of the Board? We do
have on this application it is under SEQR this is an Unlisted application. We do have a SEQR
resolution which I’ll put on my secretary’s hat temporarily.
MR. HUNSINGER-I was going to say I can do that.
MR. TRAVER-Okay.
12
(Queensbury Planning Board 01/15/2019)
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP #69-2018 FWW 1-2019
The applicant proposes to use an existing two story structure for a health related facility –
a women’s residential substance use disorder treatment and recovery service. The existing
building is 4,357 sq. ft. (footprint). The applicant proposes no exterior changes to the
building or site. Revision to site work includes new green space area and privacy fencing on
either side. Pursuant to Chapter 179-3-040 and Chapter 94 of the Zoning Ordinance, new
use for health related facility shall and work within freshwater wetland area 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 69-2018 AND
FRESHWATER WETLANDS PERMIT 1-2019 THE ADDICTIONS CARE CENTER OF
ALBANY. Introduced by Chris Hunsinger who moved for its adoption.
As per the resolution prepared by staff.
1. Part II of the Short EAF has been reviewed and completed by the Planning Board.
2. Part III of the Short EAF is not necessary because the Planning Board did not identify
potentially moderate to large impacts.
th
Motion seconded by Brad Magowan. Duly adopted this 15 day of January 2019 by the
following vote:
AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Traver
NOES: NONE
ABSENT: Mr. Deeb
MR. TRAVER-All right, and next we move on to the Site Plan resolution. Are people prepared
to move forward on that? Okay.
MR. HUNSINGER-The one question I wanted to ask was lighting. Are there any changes in
the lighting?
MR. STACK-I’m going to let John Kellogg speak to that.
JOHN KELLOGG
13
(Queensbury Planning Board 01/15/2019)
MR. KELLOGG-We weren’t planning on changing the lighting.
MR. TRAVER-And again, sir, if you wouldn’t mind stating your name for the record.
MR. KELLOGG-John Kellogg of BBL. I’m helping the Addictions Care. We weren’t planning
on changing the lighting that’s in place now, other than upgrading the fixtures to an LED
light fixture.
MR. HUNSINGER-And you’re aware of the Town Code then?
MR. KELLOGG-Yes, and we had talked to Laura. We would submit that, once the engineer
designs that.
MR. TRAVER-Okay. Thank you. All right. Anything else?
MR. STACK-I thought that was going to be more technical. Sorry about that.
MR. DIXON-Steve, do we want to add any verbiage in there as far as the fencing on the
east side, since we’re not sure of the setbacks right now? Just that the fencing that’s
going in be in accordance with Town guidelines, something of that nature.
MR. TRAVER-Okay. Yes, that’s fine. So we’ll put a condition that the fencing be in
compliance with Town guidelines. Anything else? I guess we’re ready for that motion.
MRS. MOORE-I’m sorry, did you close your public hearing?
MR. TRAVER-I believe we did.
MS. GAGLIARDI-Yes.
MRS. MOORE-Maria says yes. Thank you.
RESOLUTION APPROVING SP # 69-2018 & FWW 1-2019 ADDICTIONS CARE CENTER
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 use an
existing two story structure for a health related facility – a women’s residential substance
use disorder treatment and recovery service. The existing building is 4,357 sq. ft.
(footprint). The applicant proposes no exterior changes to the building or site. Revision to
site work includes new green space area and privacy fencing on either side. Pursuant to
Chapter 179-3-040 and Chapter 94 of the Zoning Ordinance, new use for health related
facility and work within freshwater wetland area shall be subject to Planning Board review
and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080
and Chapter 94, 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
14
(Queensbury Planning Board 01/15/2019)
The Planning Board opened a public hearing on the Site plan application on 11/13/2018 and
continued the public hearing to 01/15/2019, when it was closed,
The Planning Board has reviewed the application materials submitted by the applicant and all
comments made at the public hearing and submitted in writing through and including
01/15/2019;
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 69-2018 AND FRESHWATER WETLANDS PERMIT 1-
2019 THE ADDICTIONS CARE CENTER OF ALBANY. Introduced by Chris Hunsinger who
moved for its adoption.
Per the draft provided by staff conditioned upon the following conditions:
1) Waivers request granted:
2) Adherence to the items outlined in the follow-up letter sent with this resolution.
3) The fencing shall be in compliance with the Town guidelines.
4) The change in the lighting fixtures shall be Code compliant.
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Motion seconded by Jamie White. Duly adopted this 15 day of January, 2019 by the
following vote:
AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Ms. White, Mr. Traver
NOES: NONE
ABSENT: Mr. Deeb
MR. TRAVER-You’re all set.
MR. STACK-Great. Thank you very much.
MR. TRAVER-All right. Continuing under Tabled Items, the next item on our agenda is Clear
Brook, LLC, subdivision Preliminary Stage 13-2018 and Freshwater Wetlands Permit 6-2018.
SUBDIVISION PRELIMINARY STAGE 13-2018 FRESHWATER WETLANDS PERMIT 6-
2018 SEQR TYPE: UNLISTED. CLEAR BROOK, LLC. AGENT(S): HUTCHINS
ENGINEERING. OWNER(S): EXCESS LAND, LLC. ZONING: WR. LOCATION: BIG
BOOM ROAD. APPLICANT PROPOSES A 14 LOT RESIDENTIAL SUBDIVISION OF A
145.30 ACRE PARCEL. PROJECT IS WITHIN I-87 OVERLAY ZONE. APPLICANT
REQUESTS WAIVER FOR CONSTRUCTION DETAILS, LANDSCAPE PLAN, CLEARING
PLAN, GRADING AND EROSION AND STORMWATER. PURSUANT TO CHAPTER 183 &
CHAPTER 94 OF THE ZONING ORDINANCE, SUBDIVISION OF LAND AND WORK
WITHIN 100 FT OF A WETLAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW
AND APPROVAL. CROSS REFERENCE: SUB SKETCH PLAN 4-2018; AV 54-2018.
WARREN CO. REFERRAL: N/A. SITE INFORMATION: I-87 OVERLAY ZONE,
WETLANDS. LOT SIZE: 145.3 ACRES. TAX MAP NO. 316.14-1-6. SECTION:
CHAPTER 183, CHAPTER 94.
TOM HUTCHINS & DENNIS PHILLIPS, REPRESENTING APPLICANT, PRESENT
15
(Queensbury Planning Board 01/15/2019)
MR. TRAVER-Laura?
MRS. MOORE-Okay. Previously the Board reviewed this application as a 15-lot subdivision.
This has been reduced to 14 lots. Under Construction Details I note that Lots One through
Thirteen show a water line connection and Lot Fourteen does not show a water line
connection, and I think we’re going to get potentially an update from a discussion they may
have had with the Superintendent of Water, the Director of Wastewater. The applicant
provided some revised information. You all now have a 14 lot subdivision that shows location
of the wetlands, new shared driveway information, and some archeological spots where they
are not to be disturbed, and I think the applicant can go over other information about any
new information that has come up. So I think there has been but I don’t know what it all is.
MR. TRAVER-Okay. Thank you. Good evening. Welcome back.
MR. HUTCHINS-Good evening, Board. Dennis Phillips, Tom Hutchins, and owner/applicant
Dave Lipinski with Clear Brook, LLC. As Laura stated we were here in August and we have
Preliminary submission before you when you were requesting some variances and one had to
do with the Northway overlay district and one had to do with utilizing shared driveways thus
not having each driveway accessing the parcel through its own road frontage, and you may
recall we did receive those variances. We’ve done a whole lot of work since that time and
submitted an updated plan which outlines 14 lots. You may recall the previous application
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was 15 and we’ve decided to eliminate one of those lots and make our 14 lot a very large 66
acre parcel. We’ve also had our wetlands filed. Deb Roberts has been on site and done a
whole lot of work and located all the wetlands. She’s met there with Corps of Engineers and
the Corps has all of her paperwork and it is under review right now with them. We expect,
or we’ve requested a determination from the Corps that a permit is not required as we’re
not impacting the wetlands. We’ve laid out the property to avoid any wetland impacts. You
may recall our initial SEQR evaluation indicated that we were near an archeologically
sensitive area. We have reviewed with an archeological consultant who has done a Phase
One A and Phase One B archeological survey and has submitted that to the Office of Parks
Recreation and Historic Preservation. They found some items of archeological interest and
we have outlined some areas that we plan to avoid for that reason and that was the
recommendation of our consultant which we followed. We did modify our plan substantially
in order to accommodate that. Again we’ve submitted their full report as well as a plan of
action to maintain the protection and avoidance plan which involves deed restrictions on the
lots impacted by the three areas and those areas are, the really dark shading, this area
here, this area here and this area here the archeologists found items of interest. There
were fire charred rocks and chert which to them was evidence of potential Indian camping
areas.
MR. TRAVER-Chert is used in tool making.
MR. HUTCHINS-Okay.
MR. TRAVER-Not anymore. Just to clarify.
MR. HUTCHINS-At their recommendation we are avoiding those areas and we’ve revised the
plan accordingly. We’ve had numerous discussions with the Water Department. You may
recall most of our project is within the Queensbury Consolidated Water District. The
bounds of the Water District are right about here. This portion is all within the Water
District. The Water District boundary comes right up this line and cuts across our furthest
lot that way. Well it comes across here and then it runs across to that.
AUDIENCE MEMBER-No, down further. To the right. Down near the end of Big Boom
Road.
16
(Queensbury Planning Board 01/15/2019)
MR. HUTCHINS-The Water District encompasses, completely encompasses 12 of our
proposed lots, partially encompasses Lot 13 and Lot 14 is not part of the Water District.
We’ve met with the Water Department. I’ve had numerous discussions with them. We met
with them as recently as today. We’re agreeable to request an extension of the Water
District such that our entire parcel is within the Water District and as you know the process
goes before the Town Board. We’re agreeable to do that and then we will have the ability
to serve all of our project with Town water and we will be able to meet the requirements of
both the Subdivision Regulations and the Town’s water ordinance in that respect. We’ve
also had discussions with, on and off, but we’ve had discussions with Water Department with
regard to, there’s an easement granted from the owner of this parcel to the Town of
Queensbury to allow the installation of a 12 inch water line which runs right down through
here.
MR. TRAVER-Right.
MR. HUTCHINS-And ultimately sends water to the Town of Moreau across the river. Chris
had expressed some concerns with regard to the restrictions within that easement as they
impact the Town and we are agreeable to re-writing that easement and Dennis is working on
some suggested terms to re-write that easement to lessen some of the liability that’s on
the Town and of course those guys will have to work that out to all satisfaction.
MR. TRAVER-And there was concern about the little bridge that goes over the waterway
there. Are you addressing that as well?
MR. HUTCHINS-We are, we propose to utilize that for access to one of the parcels. Yes,
Chris had some safety concerns with regard to guardrails and that could easily be solved
with some guardrails on either side and we’re certainly agreeable to that.
MR. TRAVER-Okay.
MR. HUNSINGER-Can we just clarify that when you say Chris, it’s not me. It’s Chris
Harrington.
MR. HUTCHINS-I’m sorry. I shouldn’t say that. Chris Harrington, the Director of the
Water Department.
MR. TRAVER-Yes, thank you, Chris, for clarifying that.
MR. HUTCHINS-And we’ve submitted, again we’ve submitted what we feel is a much more
complete plan and we’re here to advance the process as far as we can. I understand our
SEQR status may be impacted, in discussions with Laura, due to the requirement to extend
the Water District, but we can clarify that here and hopefully we can make some progress
and have a path to make even more. So with that, Dennis, do you want to add anything?
Dave?
MR. PHILLIPS-The only thing I have to add, my name is Dennis Phillips, I’ve got a raspy voice
tonight, but as far as the concerns of the Water Department I think that we can work out
all of those concerns and what we are working on is an amendment to the existing water line
agreement that will reflect the change of ownership from Finch Pruyn to another LLC to
Clear Brook which now is the owner of the property by the way in this application. Excess
Land is named as the owner, but Clear Brook closed on this property in December and now it
is the owner and the applicant, but we’re working on language that will protect both the Town
and the landowner, provide for insurances, indemnification provisions so that there is a
shared responsibility relative to the easement area where the Town accepts responsibility
for what it does. The ultimate landowner accepts responsibility for what it does and I think
that I’ll be working with the Town Attorney relative to that agreement.
17
(Queensbury Planning Board 01/15/2019)
MR. TRAVER-Okay, and I think we’re looking at a tabling this evening and just to clarify that
those issues should be resolved prior to returning to continue the discussion on the
application. Anything else?
DAVID LIPINSKI
MR. LIPINSKI-I just wanted to say a little bit.
MR. TRAVER-Just state your name for the record.
MR. LIPINSKI-My name’s David Lipinski the owner of Clear Brook and the owner of this land
and when we initially submitted this application we thought that there weren’t any of these
wetlands and we didn’t know about the archeology and we initially thought that we were going
to have lots that basically would go from the road down to the river, but because we found
these isolated wetlands and then a couple of spots where the archeological stones were
found, we’ve had to modify the plan accordingly and reduce the number of waterfront lots
and pushed more of the lots closer to Big Boom Road and it’s reflected on there. So a lot
of work has gone into this plan from the last time we were here. I just want to reiterate
that, from topo to wetlands to the archeology to different land plans, etc. A lot of thought
and work and effort has gone into it and as you know it just doesn’t happen overnight.
MR. TRAVER-We do know that. Yes, we appreciate that it’s a big project. The archeological
find is quite significant. The presence of chert indicates a trading activity going on since
that material isn’t available locally. So that’s pretty interesting actually. Okay. Anything
else? Yes, sir?
MR. LIPINSKI-You do know about that archeological study. There’s over 1,000 holes that
were dug on this site. It’s not a minor endeavor.
MR. TRAVER-No, it isn’t. That’s prime country.
MR. MAGOWAN-I was trying to figure out. I mean that’s a lot of property. It’s not like
you just walk up and put a shovel in.
MR. LIPINSKI-There’s over 1,000 holes.
MR. TRAVER-Questions, comments from members of the Planning Board on where we’re at
this evening?
MS. WHITE-Just going back to that crossing over the canal. I know you mentioned the
guardrails, but they were also concerned about some lighting in place. Is that also doable?
MR. HUTCHINS-We’ve discussed it, in fact we discussed that today with Chris, I’m sorry,
with the Water Department and we’ve concluded, and I believe he will agree, that lighting
per se is not necessary in there, the guardrails is protection.
MS. WHITE-But it’s part of the discussion that you’re talking about.
MR. HUTCHINS-Yes.
MR. HUNSINGER-It’s a long driveway.
MR. TRAVER-Some of us have visited the site so we’re.
18
(Queensbury Planning Board 01/15/2019)
MR. MAGOWAN-I’m sure they’ll have some reflectors on the guardrails there, I mean just
so you realize that you’re coming up to, I mean like you said it’s a driveway. It’s not like it’s
a main road, but every now and then you get that straggler guest that might not know.
MR. HUTCHINS-We’ll do the guardrails in conformance with generally recognized consensus
Code for transportation devices.
MR. LIPINSKI-I did ask them to make it aesthetically appealing, though, and not some steel
concrete guardrail. If we could use something like logs that’s engineered properly it would
be a lot nicer.
MR. TRAVER-Yes. What’s there now certainly is not all that terribly, although it wasn’t
intended to be. So, okay. So was there anything else at this stage from members of the
Planning Board? Okay. We did keep the public hearing open from the first time this
application was heard, and so the public is aware we will be tabling this application again so
there will not be a resolution to this application this evening because we’re looking for,
there’s some additional discussions that need to take place, additional information to be
provided to make the application complete, but is there anyone in the audience that wanted
to comment on what we have thus far with this application? Understanding that what we
have before us is subject to change. We do not have a final submission yet. I’m not seeing
any hands. Laura, was there any written comment since the last time?
PUBLIC HEARING OPEN
MRS. MOORE-There’s no comments.
MR. TRAVER-Okay. Then we will keep the public hearing open. Yes, ma’am. I’m sorry, I
didn’t see your hand. Did you want to make a public comment?
LORRIE MATUSAK
MRS. MATUSAK-Yes. I can talk loud from here.
MR. TRAVER-No, no. We’ll have you come up to the table, if you don’t mind.
MRS. MATUSAK-Hi, Lorrie Matusak, 420 Big Boom Road. My only concern is they’re talking
about the expansion of the Water District.
MR. TRAVER-Yes.
MRS. MATUSAK-I live at 420. I am not in the Water District. I’m not a Water District
person. So I don’t want to be shoved into the Water District because of their development.
So I would have to contact Chris at the Water Department. Correct?
MR. TRAVER-Well, if you are not in the District you would have to apply to the Town to be
added to the District.
MRS. MATUSAK-No, I don’t want to be.
MR. TRAVER-Right, but I’m simply saying if you do nothing, you are not going to be added to
the District. It’s not automatic that you would become part of that, but the applicant can
answer that for you in additional detail.
MRS. MATUSAK-Okay, and the only other question I had was the last house on the south
side is going to be across from ours. How far does that sit back? That one right there.
19
(Queensbury Planning Board 01/15/2019)
MR. TRAVER-You address your questions to us and when the applicant returns we would
engage with them again.
MRS. MATUSAK-Yes, that was the only question I had was how far back that sets from the
road.
MR. TRAVER-We will get clarification on that. Also be aware that at the queensbury.net
website you can have access to all of these plans at the Town website, and as they are
amended or as the project evolves all that information will continue to be available to you
anytime. Is that it?
MRS. MATUSAK-Yes.
MR. TRAVER-Okay. Thank you. Yes, sir.
KEVIN MATUSAK
MR. MATUSAK-Kevin Matusak, 420 Big Boom Road. I have some questions about the right
of way going across the canal. We built it as the taxpayers for the right of way for the
water to go over to the Town of Moreau. So how are they going to, why are we giving them
the right to use our right of way that we paid for to have built?
MR. TRAVER-What they’re proposing is to be added to the Water District, which means
that they would be contributing to the funding of the Water District.
MR. MATUSAK-Okay. Here’s my second question. When that water line breaks, how’s
that person in that house going to get off that island?
MR. TRAVER-Well, that’s an engineering question.
MR. MAGOWAN-Boat.
MR. TRAVER-Yes, that’s an engineering question that will have to be addressed in any
contingency plans for an emergency, but we would anticipate that that would not happen.
This is not that large a water pipe, okay, that would likely cause the entire.
MR. MATUSAK-It is a big pipe.
MR. TRAVER-It is a big pipe. I’m not saying it’s not a big pipe, but the idea that it would
happen so quickly and without any warning and result in that household being totally cut off
and isolated with no means of egress highly unlikely.
MR. MATUSAK-Don’t say that.
MR. TRAVER-I’m sorry, it is.
MR. MATUSAK-Thirdly, the historical society when they did their digs and stuff, now I
worked at Finch Pruyn for many years and I’ve looked at their maps as well, and I know that
they used to float logs down through that canal. Have they done the digs around the canal
for the historical society?
MR. TRAVER-The only requirement for this application is to do a historic survey of the
property that we’re looking at, not the entire canal. So the answer to that is we don’t know.
We can tell you, and again, the information is available on the Town website what was done
for this property, for this application, but as to the surrounding land, we don’t have that
information in front of us.
20
(Queensbury Planning Board 01/15/2019)
MR. MATUSAK-Now do they have setbacks from the canal that they have to maintain.
MR. TRAVER-I believe that they own, well, we’ll have the applicant address that question.
MR. MATUSAK-Thank you.
MR. TRAVER-Sure. Thank you. Was there anyone else? Yes, ma’am. Just by way of
explanation it’s important not only that you comment but that your comments are part of
the record of this conversation.
SANDRA JARVIS
MS. JARVIS-Okay.
MR. TRAVER-That’s why we have you come forward and get on the record and start with
your name first if you would.
MS. JARVIS-Okay. My name is Sandra Jarvis and I live at 343 Big Boom Road. I’m directly
adjacent to this proposed development, and the first lot I noticed was undersized on the
original plan. Has that been changed? According to the zoning?
MR. TRAVER-Is your question whether they require a variance for size?
MS. JARVIS-My question is Number One have they changed the size in the updated
drawings or did they get a variance or is that something that’s undersized for the zoning?
MR. TRAVER-We will ask the applicant to clarify that for you.
MS. JARVIS-Okay. I see, and there’s three shared driveways. Is that correct?
MRS. MOORE-There’s only two shared driveways.
MR. TRAVER-It appears in the current plan there are two shared driveways.
MS. JARVIS-Okay, and before the decisions are made, you will wait for the Army Corps of
Engineers’ report?
MR. TRAVER-We will have a complete application before us before any decisions are taken.
So that includes clarification of any issues regarding the Town, the various easements, the
issues regarding the Water District that you heard discussed, and all that information will
be on the public record at the Town website prior to our hearing the application again.
MRS. MATUSAK-Since they changed the Laser Fiche I have trouble getting into it. I don’t
know why I can’t access it. They updated Laser Fiche.
MR. TRAVER-What I would suggest is go to the Town website and call, I don’t have the
number right in front of me. I don’t want to mention Laura’s name, but she would be glad
to help you if you call the Planning Office and she can help you get into the information that
you’re looking for.
MRS. MATUSAK-Do I have to FOIL it if I come in?
MRS. MOORE-I believe if you’re going to ask for hardcopies, we discussed this, those that
wish to look at the files now need to do a FOIL request.
21
(Queensbury Planning Board 01/15/2019)
MR. TRAVER-There is a process.
MS. JARVIS-Now, I had sent a letter initially to this Board stating my concerns. Because
I’m directly adjacent, and my property, the second lot is lower, and there’s a ravine with a
culvert that discharges groundwater into me and I have concerns that this would be
increased due to the development. So I wanted to make sure that all reports and DEC and
Army Corps reports are made available.
MR. TRAVER-Certainly. Yes, they’re required to have stormwater management on the site
and it’s also subject to review by our Town employed engineer who generates a report and
has any follow up questions, and they do, before final approval, they are required to obtain
the Town Engineer to signoff that all of the engineering requirements for this application
have been met.
MS. JARVIS-Okay. Thank you.
MR. TRAVER-You’re welcome. Thank you. Is there anyone else that wanted to address the
Planning Board on this application this evening? Not seeing anyone, I’d ask the applicant to
return to the table. So we are, as we discussed, we are going to be tabling, and I see that
we have a draft motion that we received this evening for a tabling until March. You’re
suggesting that you feel that you’d be prepared to re-visit this application at the March
Planning Board meeting. Is that correct?
MR. HUTCHINS-Yes, and I’d like to discuss that a little bit because there’s a little bit of a
process that, and, Laura, maybe you can help me here, that has to go between, when we,
because we have to go to the Town Board as well the SEQR becomes a coordinated review,
and there has to be some coordination between this Board and the Town Board.
MR. TRAVER-That’s why I was asking about the date.
MRS. MOORE-Can I offer? So there may be a request, or the Planning Board may need to
do a request for Lead Agency or the Town Board may make referral for the SEQR process.
So maybe in February maybe we could be specific that to review SEQR issues at February
meetings because they may be more administrative in nature because they have to go back
and forth between the Town Board and the Planning Board. That way we’re not holding the
whole process off until March.
MR. HUNSINGER-I was wondering the same thing. If all we’re doing is accepting Lead
Agency Status, we could do that in February.
MRS. MOORE-Right. So maybe you could, and I apologize for asking. So with the process
of giving that to the Town Board, that would probably be the first February meeting for the
Town Board?
thth
MR. TRAVER-That would be the 12. For the Town Board, I’m sorry. So possibly the 4.
th
The 11, a week later.
MR. HUTCHINS-Our intention is to have that submission done fairly quickly for the Board
to go to the Town Board. We can’t address the SEQR issues I don’t think but we can get
that submission in.
MR. TRAVER-Right, and you know what the issues are going to be. So you can be prepared
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for them at least. So, Laura, are you thinking maybe the 19 of February?
MRS. MOORE-Yes.
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(Queensbury Planning Board 01/15/2019)
MR. TRAVER-Okay. So why don’t we amend that from March 19th. We’re going to table it
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to the 19 of February instead of March.
MR. HUTCHINS-Do they have to first request Lead Agency Status?
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MRS. MOORE-Why don’t you table it to the February 12 meeting, and if I need to table it
further then we’ll do it at that time.
MR. TRAVER-And the night before possibly the Town will be requesting Lead Agency. Okay.
MRS. MOORE-Or referring it, and I apologize. I don’t know which way it’ll go at that point,
but I’m hedging bets.
thth
MR. TRAVER-All right. So we’ll do, my apologies. We’ll make it February 12 not the 19.
MRS. MOORE-And you could put a comment in there it’s to address any SEQR issues that
need to be addressed. To address SEQR.
MR. TRAVER-All right. I guess we’re ready for that motion.
RESOLUTION TABLING PRELIM. STG. SUB # 13-2018 & FWW 6-2018 CLEAR BROOK
A subdivision application has been made to the Queensbury Planning Board for the following:
Applicant proposes a 15 lot residential subdivision of a 145.30 acre parcel. Lots 2, 3 & 4
shared driveway, lots 8, 9 & 10 shared driveway and lots 14 & 15 shared driveway. Project
is within I-87 overlay zone. Applicant requests waiver for construction details, landscape
plan, clearing plan, grading and erosion and stormwater. Pursuant to Chapter 183 and Chapter
94 of the Zoning Ordinance, subdivision of land and work within 100 ft. of a wetland shall be
subject to Planning Board review and approval. Project was tabled on 8/28/18 to 10/16/18.
Tabled on 10/16/18 to 12/18/18. Tabled on 12/18/18 to 1/15/19. Request by applicant to
table to 02/12/19.
MOTION TO TABLE SUBDIVISION PRELIMINARY STAGE 13-2018 & FRESHWATER
WETLANDS PERMIT 6-2018 CLEAR BROOK, LLC. Introduced by David Deeb who moved
for its adoption.
Tabled to the February 12, 2019 Planning Board meeting. To address any additional SEQR
issues.
th
Motion seconded by Brad Magowan. Duly adopted this 15day of January, 2019 by the
following vote:
AYES: Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Ms. White, Mr. Shafer,
Mr. Traver
NOES: NONE
MR. TRAVER-All right. We’ll see you next month.
MR. PHILLIPS-Thank you very much.
MR. TRAVER-Sure. Thank you. So we move to the next section of our agenda this evening
which tonight is Planning Board Recommendations to the ZBA. And the first application is
Lance Hillman, Site Plan 1-2019.
PLANNING BOARD RECOMMENDATIONS TO THE ZONING BOARD OF APPEALS:
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(Queensbury Planning Board 01/15/2019)
SITE PLAN NO. 1-2019 SEQR TYPE: TYPE II LANCE HILLMAN. AGENT(S): DENNIS
MAC ELROY. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 48
HILLMAN ROAD. APPLICANT PROPOSES A NEW BAY WINDOW FEATURE FACING THE
SHORELINE. ALSO INCLUDED ARE AN ADDITION TO THE FIRST FLOOR OF 623 SQ.
FT. WHICH INCLUDES FRONT ENTRYWAY ADDITION, WEST ROADSIDE COVERED
PORCH, WEST SHORELINE EXPANSION OF INTERIOR SPACE AND EAST SIDE
SUNROOM WITH PATIO. PURSUANT TO CHAPTER 179-13-010 OF THE ZONING
ORDINANCE, EXPANSION OF A NON-CONFORMING STRUCTURE IN A CEA SHALL BE
SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS
SOUGHT FOR ADDITION OF A BAY WINDOW, INCREASED FAR AND EXPANSION OF
A NON-CONFORMING STRUCTURE. PLANNING BOARD SHALL PROVIDE A
RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: SEP
739-2017 SEPTIC ALT., AV 1-2019; WARREN CO. REFERRAL: JANUARY 2019. SITE
INFORMATION: APA, CEA. LOT SIZE: .70 ACRES. TAX MAP NO. 239.8-1-54.
SECTION: 179-13-010.
DENNIS MAC ELROY, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-Okay. This applicant proposes a new bay window feature facing the
shoreline. Also included are additions to the first floor of 623 square feet. This includes
a front entryway addition, a west side road side covered porch, west shoreline expansion of
interior space and east side sunroom with a patio. The variance relief is sought for the
addition of the bay window, increased floor area and the expansion of a nonconforming
structure. The bay window is located 47 feet to the shoreline where a 50 foot setback is
required and the request for floor area is 6,458 square feet is allowed and 6,716 is proposed.
MR. TRAVER-Thank you. Good evening.
MR. MAC ELROY-Good evening. Thank you. Dennis MacElroy with Environmental Design,
representing Lance and Judy Hillman in this application which involves a variance request.
We’re seeking a recommendation to move on to the ZBA tomorrow night. The project is
the expansion and renovation of an existing, lawful nonconforming structure, and it’s
nonconforming, as Laura indicated, based on the existing shoreline setbacks. The
configuration of the house, it’s an A-frame house that’s a prominent projection of the
roofline and an existing deck. The existing deck is the closest point to the shoreline at 40
feet. That deck will be removed. The roofline will remain as it is, and that’s at 47 feet
basically. The addition and renovation of the house will include a new bay window. Now
that bay window projects into the 50 foot setback but it’s at 47 feet. The existing roof,
I’m sorry, is at 44 feet. I’m sorry to confuse you with the numbers. So while there is a
variance request, it is less than what currently exists. It is less than what currently exists
and is being removed with the deck. In addition there is a very slight floor area ratio, less
than one percent that will be requested relief from that as well. So this all comes in an
effort of trying to renovate an older home that, if you look at the architectural details, I
think the architect has done a nice job in trying to bring this up to speed with current times
and it would be a nice addition to the neighborhood.
MR. TRAVER-Okay. Anything else?
MR. MAC ELROY-No.
MR. TRAVER-Okay. Questions or comments from Board members? It is a, it does require
a variance, but as the applicant mentioned it’s a net reduction.
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(Queensbury Planning Board 01/15/2019)
MR. DIXON-The stone patio that you’re going to be putting on, is that going to be set in
gravel? It’s not going to be on a concrete slab is it?
MR. MAC ELROY-No, it’s not part of the house foundation.
MR. MAGOWAN-I like the dining hall up near the road. It’s a long way for dinner.
MR. MAC ELROY-Well I think there’s some history to that. I don’t know. That name came
off of the survey, the dining hall. Lance would understand better, be able to explain that
better what the history is there. It’s used as a storage and recreation room.
MR. MAGOWAN-That just caught my eye there. I figured it had to be something that goes
back in the history.
MR. TRAVER-Yes, it was probably part of a bigger.
MR. MAGOWAN-Estate.
MR. TRAVER-Compound, yes.
MR. DEEB-When was the house built, Lance?
LANCE HILLMAN
MR. HILLMAN-My name is Lance Hillman, property owner. The house was started in the
summer of 1962 and finished sometime in early 1964.
MR. MAGOWAN-Very unique design.
MR. TRAVER-Not so much for the early 60’s, though.
MR. HILLMAN-No. That’s correct.
MR. TRAVER-Any other questions, comments? This is a referral. We’re not doing Site
Plan tonight. We’re doing a referral regarding the variances. So there is no public hearing.
This is a SEQR Type II. So if there aren’t any additional questions and no one has expressed
any specific concerns, we’ll entertain a referral motion.
RESOLUTION RE: ZBA RECOMMENDATION RE: Z-AV-1-2019 LANCE HILLMAN
The applicant has submitted an application for the following: Applicant proposes a new bay
window feature facing the shoreline. Also included are an addition to the first floor of 623
sq. ft. which includes front entryway addition, west roadside covered porch, west shoreline
expansion of interior space and east side sunroom with patio. Pursuant to Chapter 179-13-
010 of the Zoning Ordinance, expansion of a non-conforming structure in a CEA shall be
subject to Planning Board review and approval. Variance: Relief is sought for addition of a
bay window, increased FAR and expansion of a non-conforming structure. Planning Board
shall provide a recommendation to the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the
Planning Board to provide a written recommendation to the Zoning Board of Appeals for
projects that require both Zoning Board of Appeals & Planning Board approval;
The Planning Board has briefly reviewed and discussed this application, the relief request in
the variance application as well as the potential impacts of this project on the neighborhood
and surrounding community, and found that:
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(Queensbury Planning Board 01/15/2019)
MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO
THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 1-2019 LANCE HILLMAN.
Introduced by David Deeb who moved its adoption, and
a) The Planning Board, based on a limited review, has not identified any significant
adverse impacts that cannot be mitigated with current project proposal.
th
Motion seconded by Chris Hunsinger. Duly adopted this 15 day of January, 2019 by the
following vote:
AYES: Mr. Magowan, Mr. Dixon, Mr. Deeb, Mr. Shafer, Mr. Hunsinger, Mr. Traver
NOES: Ms. White
MR. TRAVER-All right. You’re off to the ZBA.
MR. MAC ELROY-Thank you very much.
MR. TRAVER-Okay. The next application we have before us, this is also a recommendation
to the ZBA. This is Tracy Taylor, Site Plan 4-2019.
SITE PLAN NO. 4-2019 SEQR TYPE: TYPE II. TRACY TAYLOR. OWNER(S): WILLIAM
J. ROURKE, SR. ZONING: WR. LOCATION: 21 JAY ROAD. APPLICANT PROPOSES
TO REMOVE A 161.60 SQ. FT. PORCH AND TO CONSTRUCT A NEW 161.60 ENCLOSED
PORCH WITH A 64 SQ. FT. COVERED BALCONY ABOVE. MR. O'CONNOR- OTHER SITE
WORK OR ALTERATIONS ARE TO OCCUR. THE NEW PORCH IS NO CLOSER THAN
EXISTING PORCH. 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 SOUGHT FOR SETBACKS
AND EXPANSION OF A NON-CONFORMING STRUCTURE. PLANNING BOARD SHALL
PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS
REFERENCE: SP 40-2017 & AV 38-2017 1,935 SF ADDITION; 93702-3453 SEPTIC ALT.;
AV 3-2019. WARREN CO. REFERRAL N/A. SITE INFORMATION: CEA LOT SIZE:
.29 ACRE. TAX MAP NO. 289.10-1-13. SECTION: 179-13-010.
TRACY TAYLOR, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-Okay. This applicant proposes to remove an existing 161.60 square feet
enclosed porch and to construct a new porch of the same size, to include a 64 square foot
balcony above that. The variance sought is for setbacks and for the expansion of a
nonconforming structure. The addition or re-do of the porch is 41.6 feet from the shoreline
where a 50 foot setback is required.
MR. TAYLOR-Good evening. My name is Tracy Taylor and I’m the applicant on a
nonconforming project on 21 Jay Road and I’m in the process of purchasing from Bill Rourke.
I’m proposing to remove a relatively small deck that is kind of on its last legs. It’s 31.6 feet
from the lake and I’m proposing to basically take the deck down, re-build a four-season,
proper four-season porch and put a small eight by eight deck above it that would be attached
to the master bedroom on the second floor and, yes, relatively simple project that I think
hopefully will enhance the neighborhood I think. Just quickly I actually did this for the
neighbors so they understood what was going on. This is basically the deck here. So we’ll
take that deck out, put in proper footings, build a new deck. Laura, if you could just kind of
keep hopping through here. This is very tough to see. I’m sorry about that, but this is
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(Queensbury Planning Board 01/15/2019)
basically the building inspector’s report that said that either remove it or repair it. It was
kind of recommended by the building inspector. This is the proposed view of it. I’ve got a
contractor that I’ve hired, provided that we can move forward with the variance from the
Zoning Board, and, you know, as I said I think it’ll be a huge improvement to the
neighborhood. No obstructions to either neighbor on either side.
MR. TRAVER-And although the building, the house is nonconforming as it exists, it’s a pre-
existing nonconforming structure.
MR. TAYLOR-Correct.
MR. TRAVER-And what you’re proposing does not further encroach on that nonconforming
status.
MR. TAYLOR-Correct. It’s the exact same footprint, which is 161 and change square feet.
Twenty by eight.
MR. TRAVER-Yes.
MS. WHITE-Which is appreciated. You’re not making that more nonconforming.
MR. TAYLOR-Correct. What I’m proposing to do is take something that really looks bad and
improve it a lot.
MR. TRAVER-All right. Anything else?
MR. TAYLOR-That’s it.
MR. TRAVER-Members of the Planning Board have questions for the applicant? Again, this
is a recommendation for the variance for the nonconforming structure. No additional
encroachment. If approved they’d be back for Site Plan. I’m not hearing anything. There
is no public hearing on this. This is SEQR Type II so there’s no action under SEQR. Io
guess we’re ready for a motion.
RESOLUTION RE: ZBA RECOMMENDATION RE: Z-AV-3-2019 TRACY TAYLOR
The applicant has submitted an application for the following: Applicant proposes to remove
a 161.60 sq. ft. enclosed porch and to construct a new 161.60 enclosed porch with a 64 sq.
ft. covered balcony above. No other site work or alterations are to occur. The new porch
is no closer than existing porch. 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 sought for setbacks and expansion of a non-conforming
structure. Planning Board shall provide a recommendation to the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the
Planning Board to provide a written recommendation to the Zoning Board of Appeals for
projects that require both Zoning Board of Appeals & Planning Board approval;
The Planning Board has briefly reviewed and discussed this application, the relief request in
the variance application as well as the potential impacts of this project on the neighborhood
and surrounding community, and found that:
MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO
THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 3-2019 TRACY TAYLOR.
Introduced by David Deeb who moved its adoption, and
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(Queensbury Planning Board 01/15/2019)
a) The Planning Board, based on a limited review, has not identified any significant
adverse impacts that cannot be mitigated with current project proposal.
th
Motion seconded by Brad Magowan. Duly adopted this 15 day of January, 2018 by the
following vote:
AYES: Mr. Dixon, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan,
Mr. Traver
NOES: NONE
MR. TRAVER-All right. You’re off to the ZBA.
MR. TAYLOR-I would like to point out and thank Laura. She did a fabulous job guiding me
through the process, not having dealt with this Town. So thank you.
MR. TRAVER-Okay. Thank you for mentioning it. The next item on our agenda is also as a
referral to the ZBA. This is for Stewart’s Shops Corp., Site Plan 2-2019.
SITE PLAN NO. 2-2019 SEQR TYPE: UNLISTED. STEWART’S SHOPS CORP.
OWNER(S): SAME AS APPLICANT. ZONING: CI. LOCATION: 221 CORINTH ROAD.
APPLICANT PROPOSES TO BUILD NEW CONVENIENCE STORE WITH ATTACHED 5,139
SQ. FT. BANK. EXISTING CONVENIENCE STORE AND BANK, 4,711 SQ. FT., WILL
REMAIN OPEN DURING CONSTRUCTION AND THE EXISTING BUILDING AND GAS
CANOPY WILL BE DEMOLISHED WHEN THE NEW BUILDING IS COMPLETE. THE NEW
CANOPY IS TO BE 4,656 SQ. FT. AND TO BE CONSTRUCTED WHEN THE ORIGINAL
BUILDING IS DEMOLISHED. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING
ORDINANCE, NEW CONSTRUCTION SHALL BE SUBJECT TO PLANNING BOARD
REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR BUILDING AND
CANOPY SETBACKS. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO
THE ZONING BOARD OF APPEALS. CROSS REFERENCE: SP 5-2001 STEWART’S BLDG.;
SP 45-2012 BANK W/DRIVE THRUS; SP 20-2013 FREEZER ADDITION; MANY OTHERS;
AV 2-2019. WARREN CO. REFERRAL: JANUARY 2019. SITE INFORMATION: TRAVEL
CORRIDOR. LOT SIZE: 2.87 ACRES. TAX MAP NO. 309.13-2-25. SECTION: 179-3-
040.
CHRIS POTTER, REPRESENTING APPLICANT, PRESENT
MR. TRAVER-Laura?
MRS. MOORE-Okay. This applicant proposes to build a new convenience store with an
attached bank. The existing convenience store will be removed and this one will also involve
removal of the gas canopy and building a new gas canopy and the orientation on the road will
be different than its current proposal. It will be aligned with Corinth Road, and the setback,
I’m sorry, the variances that are involved are to locate the canopy 62 feet from Big Bay
Road where a 75 foot setback is required, and then the bank building on Big Bay Road also
is proposed to be 26 feet where a 75 foot setback is required, or 25 feet. So there’s some
corrections that needed to be done to the setbacks because it’s a corner lot.
MR. TRAVER-Okay. Thank you. Good evening.
MR. POTTER-Good evening. Chris Potter from Stewart’s. As Laura stated we’re looking to
develop our current site on Corinth Road. We would be staying open during the construction
we would be proposing. Right now our current shop is about 3400 square feet so that would
increase by about 500 and what we would do is increase the amount of seating and as well as
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expand our food line, a beverage bar, just more stuff inside. We’ve already taken over part
of the space from a rental that was there previously. Now that it’s a bank it has the drive
thru area. It limits us on any more expansion. We can’t obviously add on to the back
because that would cut off the drive thru, and then I’m sure a lot of you are aware that just
the wait time to get gas there is some times quite long. So we’d be proposing to increase
the number of gas dispensers there from six to twelve fueling points so that would hopefully
alleviate the wait time and congestion that happens on the lot because of that. Back when
we originally built this store back in 2001 it really wasn’t laid out to have a bank. It was
originally a liquor store but that went over to a bank. So the Bank doesn’t really have the
best visibility on the orientation the way it is, either, you know, the drive thru’s kind of
hidden. So by spinning it it makes it more prominent and should help them out a lot. Also
our deliveries they impact the Bank. So by this layout we’re going to have a lot more blacktop
behind the building. So if our delivery truck is there and a Bank customer needs to get
through, there should be no conflict as sometimes there is today. Parking spaces we’re
going to increase by 10 spaces, which should help out quite a bit. We’ll have the parallel
spaces out along the canopy for the trucks and trailers and stuff like that that frequent our
store. We will be adding diesel. So that’s something that we don’t have today. As far as
access the Corinth Road driveway will remain the same. Big Bay does move slightly towards
the intersection just to line up for that drive aisle between the building and the canopy. As
far as the architecture, similar to the one that we just built on Route 9, or 149 and 9L with
the addition of the Bank. The Bank building itself they really remain about the same square
footage now. They’re roughly 1300 square feet. The only thing they will reduce is their
drive thru lanes. That will be reduced by one. That’s pretty much it.
MR. TRAVER-Okay. Well as you’re aware this evening you’re really here not for Site Plan
but for the variance request, but be prepared for some discussion about the site plan issues.
I know one of them probably will be a concern about the lighting. The lighting is a bit high
relative to what the normal recommendation is. You probably saw that in the Staff Notes.
MR. POTTER-I did, yes.
MR. TRAVER-So think about that. Other comments, questions from members of the
Planning Board?
MR. MAGOWAN-What I have to say is I’m just amazed how you keep that store open and
build another one and then bingo and then all of a sudden you drive by and the new one’s
open. You don’t miss a beat.
MR. POTTER-This one’s going to be a little bit longer than the one that we did on 149. This
would be like 18 weeks, just because there’s a lot more with the Bank, you know, it’s s larger
building so we have some more time because of that and then their finishes inside take a
little longer. So a little bit longer. Probably another four, five weeks longer than the other.
MR. MAGOWAN-Did you work on the project out there in Galway, the corner of 67 and, the
one that you moved across the street?
MR. POTTER-Yes.
MR. MAGOWAN-That really came out nice. I have to say even Ridge and 149 really just,
they really look nice. I’m a little shocked that your lighting was a little high because you’ve
done so many in Queensbury.
MR. POTTER-Actually I did miss that. I forgot we reduced the lighting on 149 there when
I saw the Staff Notes, but, yes, it’s something we could do. What we propose is our
standard light that we have and there are other options out there obviously what we’ve done
in the past. I think the canopy is definitely something doable. I know the Bank does have
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(Queensbury Planning Board 01/15/2019)
certain requirements for their ATM and stuff like that that we have to meet, but other
than that.
MR. HUNSINGER-I mean we hold you guys as the gold standard.
MS. WHITE-Exactly.
MR. HUNSINGER-For you to come in high.
MR. DEEB-We compare everybody else to Stewart’s when they come in.
MR. TRAVER-Yes. That was my first comment going through the plan.
MR. POTTER-Tried to slip one by you.
MR. MAGOWAN-Is this like your second year? Because the other guy retired that we
usually saw.
MR. TRAVER-Tom.
MR. MAGOWAN-Tom, yes.
MR. MAGOWAN-Because I remember I think you came in for your first one there.
MR. POTTER-I did the 149 and 9L. I’ve been around for almost 20 years now.
MR. MAGOWAN-Twenty years. So you’ve moved your way up into this business.
MR. POTTER-I worked with Tom for quite a while.
MR. MAGOWAN-He was always a nice presenter. I mean I remember the one night he came
in and said, we’re going to be changing it, I’ll be back. I decided I don’t like this one.
MR. TRAVER-Never a dull moment.
MR. DIXON-Have you already had conversations with the adjacent neighbor? It looks like
you’ve already taken some steps as far as it looks like there’s fencing, some plantings.
MR. POTTER-We haven’t had any discussions with them, just kind of assuming, you know,
that’s something that’s going to be requested. So we just went ahead and put it in up front.
There is a fence there now with some trees, but the fence is, it’s a wooden fence that’s kind
of on its last legs. So we’d be proposing to replace that and then add some additional
plantings to help screen it, too.
MR. DIXON-It looked like for your snow removal you’re going to be piling it up more towards
that the house, that part of the property there. As we dig into it I would just be concerned
in the spring as far as things melting if they’re at a lower elevation if anything, the basement
for the homeowner.
MRS. MOORE-So they have an odd-shaped lot so if you notice they have an “L” behind that.
So they have more, not just the property residential but they have some towards the Sky
Zone side.
MR. DIXON-Yes, I just saw the plans. They were demonstrating where the snow removal
would be placed.
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(Queensbury Planning Board 01/15/2019)
MR. TRAVER-All right. Anything else before we discuss the recommendation? Okay. I
guess we’re ready for that motion.
RESOLUTION RE: ZBA RECOMMENDATION RE: Z-AV-2-2019 STEWART’S SHOPS
The applicant has submitted an application for the following: Applicant proposes to build
new convenience store with attached 5,139 sq. ft. bank. Existing convenience store and
bank, 4,711 sq. ft., will remain open during construction and the existing building and gas
canopy will be demolished when the new building is complete. The new canopy is to be 4,656
sq. ft. and to be constructed when the original building is demolished. Pursuant to Chapter
179-3-040 of the Zoning Ordinance, new construction shall be subject to Planning Board
review and approval. Variance: Relief is sought for building and canopy setbacks. Planning
Board shall provide a recommendation to the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the
Planning Board to provide a written recommendation to the Zoning Board of Appeals for
projects that require both Zoning Board of Appeals & Planning Board approval;
The Planning Board has briefly reviewed and discussed this application, the relief request in
the variance application as well as the potential impacts of this project on the neighborhood
and surrounding community, and found that:
MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO
THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 2-2019 STEWART’S
SHOPS CORP. Introduced by David Deeb who moved its adoption, and
a) The Planning Board, based on a limited review, has not identified any significant
adverse impacts that cannot be mitigated with current project proposal.
th
Motion seconded by Jamie White. Duly adopted this 15 day of January, 2019 by the
following vote:
AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon,
Mr. Traver
NOES: NONE
MR. TRAVER-All right. You’re off to the ZBA.
MR. POTTER-Thank you. I will pass it along. I am not going to be able to make it if we get
nd
through the ZBA on the 22 here. So you will be blessed with somebody else.
MR. TRAVER-Okay.
MR. POTTER-I’ll make sure they bring some revised lighting.
MR. TRAVER-All right. Thank you.
MR. POTTER-Thank you.
MR. TRAVER-Let’s see. I gave my report at the beginning of the meeting. I don’t think I
forgot any of my homework to report. Is there any other business before the Board this
evening? All right. Then I’ll entertain a motion to adjourn.
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(Queensbury Planning Board 01/15/2019)
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JANUARY
th
15, 2019, Introduced by David Deeb who moved for its adoption, seconded by Brad
Magowan:
th
Duly adopted this 15 day of January, 2019, by the following vote:
AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr.
Traver
NOES: NONE
MR. TRAVER-We stand adjourned. Thanks, everybody.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Stephen Traver, Chairman
32