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05-27-2020 (Queensbury Planning Board 05/27/2020) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING MAY 27, 2020 INDEX Site Plan No. 19-2019 Columbia Development 1. REQUEST FOR EXTENSION Tax Map No. 309.14-1-5 Site Plan No. 29-2018 Mission & Montcalm RE, LLC 2. REQUEST FOR EXTENSION Tax Map No. 289.11-1-12.1 Site Plan/PUD 57-2015 Queensbury Partners 3. REQUEST FOR EXTENSION Tax Map No. 289.19-1-23 through 35 Site Plan No. 4-2020 AREC 34, LLC – U-Haul 4. Special Use Permit 1-2020 Tax Map No. 303.19-1-71 Site Plan No. 8-2020 Thomas Heinzelman 8. Tax Map No. 289.7-1-19 Site Plan No. 5-2020 Aftab (Sam) Bhatti 20. Tax Map No. 302.5-1-51 Site Plan No. 13-2020 R&P Realty II, LLC 13. Tax Map No. 303.15-1-4, 303.15-1-10 Site Plan (M) No. 17-2020 Kevin Goggins, Outback Steakhouse 13. Tax Map No. 296.13-1-17.2 Site Plan Mod. No. 16-2020 Adirondack Factory Outlet 15. Tax Map No. 288.12-1-22 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH’S MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury Planning Board 05/27/2020) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING MAY 27, 2020 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, CHAIRMAN CHRIS HUNSINGER, VICE CHAIRMAN DAVID DEEB, SECRETARY JOHN SHAFER MICHAEL VALENTINE JAMIE WHITE BRAD MAGOWAN LAND USE PLANNER-LAURA MOORE STENOGRAPHER-KAREN DWYRE MR. TRAVER-Good evening, everyone. Welcome to the Town of Queensbury Planning Board meeting th for Wednesday May 27. This is our first and I believe only meeting for May and our fifth meeting thus far for 2020. I’d like to express my appreciation to the Town and the Planning Staff on behalf of the Board for all of the careful arrangements that were made to enable us to hold this meeting this evening, and I assume that these arrangements or something similar, depending on how this meeting goes, will take place as we move forward pending the outcome of the pandemic. For those folks that are actually in attendance this evening I would have you first turn off your ringer or turn off your electronic device if you have one so it will not interrupt our meeting. I’d also point to the illuminated exit signs. In the event of an emergency, that is your way out. There were instructions from the Planning Staff sent out to folks regarding how to conduct the public hearing and how we were going to handle public comment that includes the coverage of this meeting on the Town’s YouTube channel which is occurring as we speak. There is a phone number for public comment for folks that would wish to call in at 518-761-8225 for the public comment portion of our meetings. We also have the ability to hear public comment in person and we have the podium with the microphone there. So if you wish to speak so indicate during that application and we will go from there. We would just ask that when you’re through speaking if you would take the cleaning tissue and wipe off the microphone for the next speaker we would appreciate that, and I think that’s all that I can think of. Laura, did I miss anything? MRS. MOORE-No. MR. TRAVER-All right. Very good. Well then with that we will proceed. We do have a few administrative items . Because of the delay in our ability to hold these meetings, there were some items that were, had requested postponement, extensions, and various things of that type. So we need to review those. They were given temporary extensions by myself as Chair that require review by the Planning Board and we’ll do that this evening. The first item is Site Plan 19-2019 Columbia Development, request for six month extension of approval. ADMINISTRATIVE ITEM: SITE PLAN 19-2019 COLUMBIA DEVELOPMENT REQUEST FOR SIX MONTH EXTENSION OF APPROVAL. MR. TRAVER-Laura, do you have any additional information on that? MRS. MOORE-They’re in the process of applying for their building permit and they didn’t want to miss the opportunity if the building permit didn’t get reviewed and then their process. So they’ve requested that extension. MR. TRAVER-Okay. MR. VALENTINE-Is that the Saratoga Hospital project? MRS. MOORE-Correct. MR. VALENTINE-Okay. MR. TRAVER-And I believe we have a draft resolution for that. MR. DEEB-Yes, we do. 2 (Queensbury Planning Board 05/27/2020) RESOLUTION GRANTING A SIX MONTH EXTENSION SP 19-2019 COLUMBIA DEVELOPMENT The applicant proposes to develop a 1.04 acre parcel and 0.106 ROW area by demolishing the existing restaurant to construct a two story 17,700 sq. ft. (FAR) medical office building and associated site work. The new building is 8,800 sq. ft. (footprint) with the main entrance on Big Boom Road and associated parking. Pursuant to Chapter 179-3-040 & 179-7-050 of the Zoning Ordinance, new commercial construction shall be subject to Planning Board review and approval. The Planning Board approved Site Plan 19-2019 Columbia Development on April 30, 2019. Applicant is requesting a second six month extension. Whereas, a temporary, six month extension was approved by the Planning Board Chairman on March 24, 2020; Now, therefore, be it resolved, that we find the following; MOTION TO REAFFIRM A SIX MONTH EXTENSION FOR SITE PLAN 19-2019 COLUMBIA DEVELOPMENT. Introduced by Mr. Deeb, who moved for its adoption, and th Motion seconded by Mr. Hunsinger. Duly adopted on this 27 day of May, 2020 by the following vote: AYES: Ms. White, Mr. Shafer, Mr. Magowan, Mr. Valentine, Mr. Hunsinger, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-The next administrative item is for Site Plan 29-2018 Mission & Montcalm RE, LLC. Request for additional one year extension of approval. SITE PLAN NO. 29-2018 MISSION & MONTCALM RE, LLC REQUEST FOR ADDITIONAL ONE YEAR EXTENSION OF APPROVAL. MR. TRAVER-Laura? MRS. MOORE-So this applicant is looking for an extension because they’re not quite ready to build yet. MR. TRAVER-Okay. MR. SHAFER-What project was that, Laura? MRS. MOORE-It’s on Hall Road. It’s a single family dwelling. MR. TRAVER-And I believe we have, is there any further discussion on that? I believe we have a draft resolution prepared by Staff. RESOLUTION GRANTING 1 YEAR EXTENSION SP 29-2018 MISSION & MONTCALM RE, LLC The applicant has submitted an application to the Planning Board: Applicant proposes to construct a 1,865 sq. ft. home at a 3,290 sq. ft. floor area on an existing 1.56 acre parcel. Site work includes grading and stormwater management. Pursuant to Chapter 179-6-060 of the Zoning Ordinance, construction within 50 ft. of 15% slopes shall be subject to Planning Board review and approval. The Planning Board approved Site Plan 29-2018 on April 17, 2018 and a one year extension of approval on April 16, 2019. Applicant is requesting an additional one year extension. Whereas, a temporary, six month extension was approved by the Planning Board Chairman on March 24, 2020; Now, therefore, be it resolved that we find the following; MOTION TO GRANT A ONE YEAR EXTENSION FOR SITE PLAN 29-2018 MISSION & MONTCALM RE, LLC. Introduced by Mr. Deeb, who moved for its adoption; th Motion seconded by Mr. Magowan. Duly adopted this 27 day of May, 2020 by the following vote: AYES: Mr. Shafer, Ms. White, Mr. Hunsinger, Mr. Valentine, Mr. Magowan, Mr. Deeb, Mr. Traver NOES: NONE 3 (Queensbury Planning Board 05/27/2020) MR. TRAVER-And the final administrative item we have is for Site Plan PUD 57-2015 Queensbury Partners request for six month extension of approval. SITE PLAN/PUD 57-2015 QUEENSBURY PARTNERS REQUEST FOR SIX MONTH EXTENSION OF APPROVAL. MR. TRAVER-And, Laura, I guess one of the questions I’ll ask before everybody else does. How many extensions have they received? MS. WHITE-My notes say one year. MRS. MOORE-I believe the request is for an additional year to 2021. It’s not necessarily six months. So they’re in the process, they have been, the property and applicant have purchased it. So they’re in the process of finalizing that, and so it’ll be, I don’t know if it’ll start shortly, but I know that a new owner has purchased it and plans to start the project. MR. HUNSINGER-That’s encouraging. MR. TRAVER-So do they need a year? I mean they’ve had quite a number of extensions I believe. Have they not? MRS. MOORE-Yes. MR. TRAVER-Okay. MRS. MOORE-It’s up to this Board. It looks like a year, and I apologize, I don’t have that letter in front of me. MR. TRAVER-Okay. I know the temporary one that I signed was six months, you know, pending a full review. So it could be this was intended to be an additional six months maybe. MR. HUNSINGER-Well the resolution reads for a year. MR. DEEB-It says to May 2021. MR. TRAVER-Okay. All right. Well that covers it then. All right. Is there any discussion on that? MS. WHITE-Just my continuing feeling that this is just, how many do we do? At some point we have to say, you know, it’s time to come back and review this. MR. TRAVER-Yes. Well you have a point. The only thing I guess I would say on their behalf is that it’s, if you will, under new management. It has a new owner, and from what Staff is reporting, the intention now that the ownership of the property has been taken care of, they plan to move ahead fairly quickly. MR. VALENTINE-Well within the resolution it says that in April there was, you had signed a six months. MR. TRAVER-Correct. MR. VALENTINE-Which takes them to October and they’ve got to go beyond October? MRS. MOORE-So in reference to the extension by the Chair, this overrides that, simply because it’s a full Board now. MR. VALENTINE-So it’s not a pick up from October on. It’s starting now. MR. TRAVER-This would in effect replace, the request for me to grant an extension was basically pending a full review by the Planning Board. This was during the height of the pandemic when we were not able to meet, and all three of these cases were examples of that. So that was my understanding, it would come to this Board as soon as the Board met for review of my temporary extension. MR. SHAFER-At what point in the approval process was this project now that it’s got a new owner? MR. VALENTINE-It sounds like they purchased the approved plan. Right? MR. TRAVER-Yes, well the acquired the property which along with the property came the approved plan. Correct? MRS. MOORE-Yes. 4 (Queensbury Planning Board 05/27/2020) MR. SHAFER-So the plan has been approved. MR. DEEB-Yes. MR. SHAFER-Okay. MR. TRAVER-Yes, the plan actually has been approved for some time. It went through some changes. They kept coming back and made at least one modification if not two that came back to us for review. They generally got approval for that. MR. SHAFER-So what do they need now that we’re extending one year? MRS. MOORE-They need to get a shovel in the ground and an actual building permit. This will give them an extension so that they can finalize their purchase and then the building permit potentially. MR. SHAFER-So they don’t need to come back on any substantive issues at all. MRS. MOORE-Not at this time. MR. SHAFER-Okay. MR. DEEB-I have to add, John, this was a problematic piece of property. You were not on the Board when this came in. We went through quite a process to get this through, and so I think that this one year extension is going to be beneficial. MR. SHAFER-Yes, I was just asking what needs to happen in that one year relative to the Planning Board process. MR. TRAVER-Provided they make no changes to what’s been approved, they’re all set. MR. DEEB-It will be a nice project once it comes to fruition. MR. MAGOWAN-Well said, Dave. It was a long process getting here. It’s not a normal project that we normally see. There’s a lot of variables to it and I think the whole point was for them to market it and they finally have. So hopefully we’ll move forward. MR. TRAVER-All right. I guess we’re ready for a motion. RESOLUTION GRANTING A ONE YR. EXTENSION SP/PUD 57-2015 QUEENSBURY PARTNERS The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town Zoning Ordinance for: a Planned Unit Development (PUD) consisting of office, business retail and multi-family uses. The proposed mixed use density is for 142 residential units and 56,180 sq. ft. of commercial space. Activities also include land disturbance for installation of a parking areas, parking garage, sidewalks and drive areas along with associated infrastructure and utilities for the project. Pursuant to Chapter 179.12 PUD of the Zoning Ordinance, Planned Unit Developments are subject to Planning Board review and approval. An extension was approved on November 19, 2019 for a six month extension to May, 2020. Request is made by the applicant for an additional one year extension to May 2021. Whereas, a temporary, six month extension was approved by the Planning Board Chairman on April 21, 2020. Now, therefore, be it resolved, that we find the following; MOTION TO GRANT A ONE YEAR EXTENSION TO MAY 2021 FOR SITE PLAN PUD NO. 57- 2015 QUEENSBURY PARTNERS, Introduced by Mr. Deeb, who moved for its adoption; th Motion seconded by Mr. Magowan. Duly adopted this 27 day of May, 2020 by the following vote: AYES: Mr. Hunsinger, Mr. Shafer, Mr. Valentine, Mr. Magowan, Mr. Deeb, Mr. Traver NOES: Ms. White MR. TRAVER-All right. That concludes our Administrative Items. We move next to the regular agenda, and the first applicant being AREC 34, LLC – U-Haul, Site Plan 4-2020, Special Use Permit 1-2020. SITE PLAN NO. 4-2020 SPECIAL USE PERMIT 1-2020 SEQR TYPE: UNLISTED. AREC 34, LLC – UHAUL. AGENT(S): ENVIRONMENTAL DESIGN PARTNERSHIP, LLP. OWNER(S): SAME AS APPLICANT. ZONING: CLI. LOCATION: 308 DIX AVENUE. SEQR: APPLICANT 5 (Queensbury Planning Board 05/27/2020) PROPOSES TO CONVERT 65,850 SQ. FT. OF AN EXISTING 170,130 SQ. FT. BUILDING INTO CLIMATE CONTROLLED SELF-STORAGE WITH 641 UNITS AND SOME RETAIL/RENTAL SPACE AND TO ADD 10 DRIVE-UP SELF-STORAGE BUILDINGS WITH A TOTAL OF 147 UNITS. OTHER SITE MODIFICATIONS INCLUDE REPAIRS TO EXISTING CURBING AND CATCH BASINS AND THE REMOVAL OF BRUSH FROM EXISTING STORMWATER MANAGEMENT AREAS. PETITION FOR ZONE CHANGE: PROJECT INCLUDES A TOWN BOARD REFERRAL FOR ZONING LANGUAGE CHANGE FOR ALLOWABLE USES IN THE COMMERCIAL LIGHT INDUSTRIAL ZONE TO INCLUDE INTERIOR SELF-STORAGE AND TO BE CONSISTENT WITH THE NEIGHBORHOOD COMMERCIAL THAT ALLOWS INTERIOR SELF-STORAGE PROJECTS, PROJECTS WOULD BE SUBJECT TO SITE PLAN AND SPECIAL USE PERMIT. PURSUANT TO CHAPTER 179-15-040, THE TOWN BOARD MAY REFER PROPOSED ZONING AMENDMENTS TO THE PLANNING BOARD FOR RECOMMENDATION AND PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, A NEW COMMERCIAL USE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. SITE PLAN & SPECIAL USE PERMIT: INTERIOR STORAGE, EXTERIOR STORAGE BUILDINGS, UHAUL STORE WITH CANOPY, ASSOCIATE TRUCK, TRAILER STORAGE WITH UHAUL STORE. PROJECT SITE WORK FOR LIGHTS, PARKING AREA UPDATE AND STORMWATER MAINTENANCE . (SEQR REAFFIRM RECOMMENDATION FOR TYPE I) CROSS REFERENCE: SP 33-1993, UV 59-1994, PZ 798-2019 PETITION FOR ZONE CHANGE. WARREN CO. REFERRAL: TOWN BOARD REFERRAL. LOT SIZE: 29.35 ACRES. TAX MAP NO. 303.19-1-71. SECTION: 179-3-040. JON LAPPER, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-So this application is before this Board because of an error in publishing, in the publication of it. It had it listed as an Unlisted Action and since it’s a Type I it has to go to the Town Board as well as the Planning Board. So the application is back before the Board to re-affirm the SEQR and then also the positive recommendation that you did the last time. Please note in the resolution I did add information that was discussed but not clarified in reference to the exterior doors. Those doors, in an interior storage facility are to not lead to the storage unit, and so the way the interior storage language reads it may need to be modified and this indicates the Board is aware of that information. MR. TRAVER-Okay. Thank you, Laura. Good evening. MR. LAPPER-Hi. For those of you who don’t recognize me, I’m Jon Lapper. I just want to comment on that point. We had a full discussion that last time we met in February I guess about the garage doors that when the Town Board last addressed indoor self-storage it was in a Neighborhood Commercial zone which is different than a Commercial Light Industrial and you all were comfortable with it as described as accessing the units. It’s coming back for clarification so that the Town Board knows you’re in favor of that. MR. TRAVER-Okay. I see in the Staff comments there were some items to be updated and additional information to be provided. Did you note that? MR. LAPPER-That’s going to be when we, after we get through the re-zoning we’ll be back to you for Special Use Permit and Site Plan. MR. TRAVER-Okay. MR. LAPPER-And we were aware you wanted additional plantings along the road. There’s a list of stuff. MR. TRAVER-So you’ll address those as we, you are aware of them I guess is my point. MR. LAPPER-Yes, absolutely. MR. TRAVER-All right, and I know we’ve certainly spent some time discussing this project in the past, in February. Questions comments from members of the Planning Board? MR. VALENTINE-Jon, one question. I think I brought it up before. I just want to make sure. This plan right here was going to be for March presentation. This, with the renderings, does not replicate this? MR. LAPPER-Right. MR. VALENTINE-All right. Because this shows an extra self-storage area. MR. LAPPER-We had that discussion in February and we didn’t make another submission. So for the next appearance here we’ll update that. 6 (Queensbury Planning Board 05/27/2020) MR. VALENTINE-All right. So that’s out then. MR. LAPPER-It’ll be different than what you see. Plantings along the road. MR. DEEB-The comments on the exterior. MR. LAPPER-The plantings along the road. Yes, we’ve been delayed. We’ll be all over that. MR. DEEB-All right. MR. TRAVER-Other questions, comments? MR. VALENTINE-We’re looking at this now and there’s zone change and stuff in there and we have before us, we have the building and then we have 10 individual self-storage things scattered around the site. Future, it says RV boat storage. When we come through for approval of this, are we approving a site plan that includes something that’s future but undefined or are we approving, were we looking at that Site Plan and approving a boat storage area of so much square footage or so many boats? MR. LAPPER-We’ll be asking for that specificity to get back here. Until the Town re-zones it so that it’s a permitted use it’s only conceptual, but once we get through the Town Board we’ll be back to talk about the details. MR. VALENTINE-All right. So this future will be part of the site plan. MR. LAPPER-Yes. They may not build it in the first phase, but they definitely want it. MR. VALENTINE-All right, but we will define? MR. LAPPER-Yes. MR. VALENTINE-Okay. And there’s a reduction on self-storage buildings I believe that comes down from 161 units to 147 now. Is that correct? I’m looking, it says the chart up here shows buildings, the square foot and it says number of units and on here that’s 161, but in the reading material, I remember reading somewhere it says 147 units. So I don’t know if, this plan here is August. So this is a dated plan. MR. LAPPER-You’re not passing on anything, but recommending re-zoning. MR. VALENTINE-No, I know, and I have a chance to ask questions so I’m just using that now. MR. LAPPER-And thanks for focusing us. We’ll be back with those answers. MR. VALENTINE-Okay. MR. TRAVER-So our focus this evening is SEQR and the referral to the Town Board for the re-zoning. Correct? MRS. MOORE-There is a public hearing scheduled.. MR. TRAVER-Right. Okay. Any other questions, comments at this point? We do have a public hearing on this application as noted. We do take public hearing through the phone number provided by the Town which is 518-761-8225. We also take public comment in person and in writing and also by e-mail as I understand it. Is there anyone in the audience here tonight that wanted to address the Planning Board on this application? I’m not seeing anyone. Laura, are there any written comments? PUBLIC HEARING OPEN MRS. MOORE-There are no written comments. MR. TRAVER-That includes e-mails? MRS. MOORE-Correct. MR. TRAVER-Okay, and I’m not hearing the phone ring thus far. MRS. MOORE-What we did at our previous meeting was we waited approximately two minutes. MR. TRAVER-Okay. All right. Well we’ll wait a few minutes. We have to re-affirm SEQR. There is a change in the SEQR Type as Laura explained in the beginning from Unlisted to a Type I. It doesn’t really 7 (Queensbury Planning Board 05/27/2020) impact on the environmental impacts that we reviewed the first time, but we do need to review and possibly approve, re-affirm the SEQR resolution that we made before. So we can open up the SEQR discussion. Does anyone have any concerns regarding SEQR on this project that have changed since the last time we discussed SEQR? Okay, and I think we’ve had our two minutes, Laura, for the public hearing. MRS. MOORE-Yes. MR. TRAVER-So I’ll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-We do have a re-affirmation SEQR resolution provided by Staff. If we’re ready for that we can hear that. RESOLUTION RE-AFFIRMING SEQR NEG. DEC SP # 4-2020 & SUP # 1-2020 U-HAUL The applicant proposes: SEQR: Applicant proposes to convert 65,850 sq. ft. of an existing 170,130 sq. ft. building into climate controlled self-storage with 641 units and some retail/rental space and to add 10 drive-up self-storage buildings with a total of 147 units. Other site modifications include repairs to existing curbing and catch basins and the removal of brush from existing stormwater management areas. Petition for Zone Change: Project includes a Town Board referral for zoning language change for allowable uses in the Commercial Light Industrial zone to include interior self-storage and to be consistent with the Neighborhood Commercial that allows interior self-storage projects, projects would be subject to site plan and special use permit. Pursuant to Chapter 179-15-040, the Town Board may refer proposed zoning amendments to the Planning Board for recommendation and pursuant to Chapter 179-3-040 of the Zoning Ordinance, a new commercial use shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Type I in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; Part 1 of the Long EAF has been completed by the applicant; Whereas, the Planning Board adopted SEQRA determination of non-significance on 02/25/2020, and Upon review of the information recorded on the EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency reaffirms that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO REAFFIRM NEGATIVE DECLARATION FOR THE PROPOSED SITE PLAN_4-2020 & SPECIAL USE PERMIT 1-2020 AREC 34, LLC / UHAUL. Introduced by Mr. Deeb who moved for its adoption, seconded by Mr. Hunsinger; th Duly adopted this 27 day of May, 2020 by the following vote: AYES: Mr. Magowan, Mr. Valentine, Mr. Shafer, Ms. White, Mr. Hunsinger, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-All right. The next item before us on this applicant is the recommendation to the Town Board for the zoning change that the applicant is requesting. It’s changing the zoning language for allowable uses in a Commercial Light Industrial zone. I know we’ve talked about this previously. We do need to make a, we need to re-affirm our recommendation to the Town Board as favorable, again, because of the change in SEQR classification. Does anyone have any questions or comments regarding the request for zoning change that we would want to pass along to the Town Board? Okay. Likewise we have a draft resolution for that as well. RESOLUTION RE: TOWN BOARD RECOMMENDATION: RE: SP # 4-2020 & SUP # 1-2020 Whereas, an application has been made to the Town of Queensbury Town Board for a zoning change. The Town Board referred this application to the Planning Board for an advisory recommendation pursuant to Section 179-15-020; 8 (Queensbury Planning Board 05/27/2020) Whereas, the applicant proposes a zoning language change for allowable uses in the Commercial Light Industrial zone to include interior self-storage and to be consistent with the Neighborhood Commercial zone that allows interior self-storage. Whereas, the Planning Board will review the applicant’s site plan for parcel 303.19-1-71 pursuant to the requirements of Section 179-9-020, and special use permit Section 179-10; The proposed action considered by this Board is Type I in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; Whereas, the State Environmental Quality Review Act has been completed by the Queensbury Planning Board and has issued a negative declaration; Whereas, the Planning Board adopted a resolution to make a recommendation to the Town Board as favorable for Zoning request on 02/25/2020; Now, therefore, be it resolved, that we find the following: MOTION TO REAFFIRM RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING REQUEST; 1)The recommendation now includes a recommendation in regards to exterior overhead doors where (may be limited to no more than three) in the Commercial Light Industrial zone not to be used to directly access storage units –purpose to unload or load items from a storage unit located in the building and brought to the exterior overhead doors. Introduced by Mr. Deeb who moved its adoption, and th Motion seconded by Mr. Magowan. Duly adopted this 27 day of May, 2020 by the following vote: AYES: Mr. Valentine, Mr. Shafer, Mr. Hunsinger, Ms. White, Mr. Magowan, Mr. Deeb, Mr. Traver NOES: NONE MR. LAPPER-Thank you, everybody. MR. TRAVER-You’re off to the Town Board. All right. Thank you. Next on our agenda we move to Tabled Items, and our first item is Thomas Heinzelman, Site Plan 8-2020. TABLED ITEMS: SITE PLAN NO. 8-2020 SEQR TYPE: TYPE II. THOMAS HEINZELMAN. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 52 REARDON ROAD. APPLICANT PROPOSES TO REMOVE AN EXISTING 740 SQ. FT. HOME AND 715 SQ. FT. PORCHES FOR CONSTRUCTION OF A NEW HOME – 1,510 SQ. FT. FOOTPRINT AND 2,604 SQ. FT. FLOOR AREA. SITE WORK INCLUDES GRADING, NEW WELL AND NEW SEPTIC (SEPTIC ON ADJOINING PROPERTY). PROJECT PROPOSES ADDITIONAL SHORELINE PLANTING AREA. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, CONSTRUCTION IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 26-2004 DECK. WARREN CO. REFERRAL: N/A SITE INFORMATION: GLEN LAKE. LOT SIZE: .30 ACRE. TAX MAP NO. 289.7-1-19. SECTION: 179-3-040. LUCAS DOBIE & CURT DYBAS, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-The applicant proposes to remove a home of 740 sq. ft. and 715 sq. ft. of porches for construction of a new home of approximately 1,510 sq. ft. with a 2,604 sq. ft. floor area. Site work includes grading, new well and new septic system. The applicant did receive variances from the Zoning Board of Appeals last Wednesday. MR. TRAVER-Okay. Thank you. Good evening. MR. DOBIE-Thank you. It’s good to see you, Board. Glad to get the processes going again. I appreciate you being here, and thanks to Staff. For the record, Lucas Dobie with Hutchins Engineering. With me is Curt Dybas the architect and Thomas Heinzelman the landowner and project sponsor. We discussed this in February for our Zoning Board recommendation and we got tabled in February at the Zoning Board for the public hearing deal and we were able to get back last week to the Zoning Board and received our 9 (Queensbury Planning Board 05/27/2020) variances which are to reconstruction the new deck basically at the same plane as it sits today and for a slight increase in site. We’ve received our relief and other than the zoning compliant, we’re very comfortable with the project. We’re proposing a new well down by the shore. Right now there’s a dug well, certainly not used for drinking water, so this will bring that up to a modern standard and then the applicant is the co-owner of the property to the south. So we’re going to put the septic system up there, a good distance off the lake so that it’s very compliant up there and a much improved sanitary situation. We propose some stormwater mitigation through some infiltration trenches throughout the drive and then along our eave lines. Again we’re very comfortable with the project. Not excessively steep for Glen Lake. We know our soils are very good over there. I’m here to ask for your approval. I’d be glad to answer any questions that the Board or the public may have. Thank you. MR. TRAVER-Thank you, and I know this is, again, one of the projects we were reviewing during the winter that sort of got sidetracked with the COVID-19. So we did review this in February. Questions, comments from members of the Planning Board? MR. SHAFER-I may have asked you this before, Lucas, but does there need to be a legal agreement between the owner and the property owner next door for the septic system? MR. DOBIE-That is my understanding. Yes, an easement so if one of the parties did move out of the property or something. MR. SHAFER-Is that underway? MR. DOBIE-That will be. We just don’t want to jump the gun on it. Yes, we’ve discussed that/ MR. TRAVER-Any other questions or comments before we go to a public hearing? MR. MAGOWAN-I just wanted to say you really did a nice job and it’s a little different, just taking a fresh look now that it’s greened back up again, from February, but I think you did a nice job of pulling this together and I know Peter Rozell was here earlier and I have to admit I told him to go home because we didn’t want any more people than we really needed, but I think it’s a good project and you did a nice job. MR. DOBIE-Thank you, sir. MR. TRAVER-Okay. Well we do have a public hearing on this application. Is there anyone present in the audience that wanted to address the Planning Board on this project? I’m not seeing any hands. I will start my timer for calls in from the public, and again, if you are watching this meeting and you wish to comment on this project, the number to call is 518-761-8225. And I will give people a few minutes to do that and ask are there any written comments, Laura? PUBLIC HEARING OPEN MRS. MOORE-Yes,, there is a written comment. This is addressed to Secretary Deeb. “We are nearby neighbors of Thomas Heinzelman and we urge approval of the above referenced Site Plan. Thank you for your attention in this matter.” And this is Rachel Murray and Elizabeth Giblin. They’re trustees. MR. TRAVER-No other written comments? MRS. MOORE-No other written comments. MR. TRAVER-Okay. We’ll wait another minute or so to give the public an opportunity to call in on our line. This is a SEQR Type II. All right. I have not received any phone calls for public comment. So we’ll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-Are there any additional questions or comments for the applicant before we go to a resolution on this application? Okay. I guess we’re ready for a resolution. RESOLUTION APPROVING SP # 8-2020 THOMAS HEINZELMAN 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 remove an existing home 740 sq. ft. home and 715 sq. ft. porches for construction of a new home - 1,510 sq. ft. footprint and 2,604 sq. ft. floor area. Site work includes grading, new well and new septic (septic on adjoining property). Project proposes additional shoreline planting area. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, construction in a CEA shall be subject to Planning Board review and approval. 10 (Queensbury Planning Board 05/27/2020) 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 made a recommendation to the Zoning Board of Appeals on 02/18/2020; the ZBA approved the variance requests on 05/20/2020; The Planning Board opened a public hearing on the Site plan application on 02/25/2020 and continued the public hearing to 05/27/2020, 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 05/27/2020; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN 8-2020 THOMAS HEINZELMAN. Introduced by Mr. Deeb who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: g. site lighting, h. signage, j. stormwater, , n traffic, o. commercial alterations/ construction details, q. soil logs, r. construction/demolition disposal s. snow removal. 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. th Motion seconded by Mr. Hunsinger. Duly adopted this 27 day of May, 2020 the following vote: AYES: Mr. Valentine, Mr. Magowan, Mr. Shafer, Ms. White, Mr. Hunsinger, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-You’re all set. MR. DOBIE-Thank you very much. MR. TRAVER-The next item on our agenda, also under Tabled Items, is Sam Bhatt, application 5-2020. SITE PLAN NO. 5-2020 SEQR TYPE: TYPE II. AFTAB (SAM) BHATTI. OWNER(S): SAME AS APPLICANT. ZONING: CI. LOCATION: 547 AVIATION ROAD. APPLICANT PROPOSES TO UPDATE AN EXISTING “QUALITY INN” TO ENCLOSE AN EXISTING 288 SQ. FT. PORCH TO CREATE A SUNROOM OFF OF NATATORIUM (ENCLOSED SWIMMING POOL). ALSO IS A NEW 240 SQ. FT. COVERED PORCH TO REAR OF THE BUILDING FOR GUESTS. THE EXISTING SITE HAS TWO LODGING ESTABLISHMENTS THAT SHARE PARKING AND ACCESS TO AVIATION ROAD. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE COMMERCIAL CONSTRUCTION SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 20-2003, AV 85-2002, AV 55-2002 HOTEL; SP 1-2011, AV 3-2011 CANOPY; SP 82-2019, MANY OTHERS WARREN CO. REFERRAL: FEBRUARY 2020. SITE INFORMATION: TRAVEL CORRIDOR OVERLAY. LOT SIZE: 2.19 ACRES. TAX MAP NO. 302.5-1-51. SECTION: 179-3-040. SAM BHATTI, PRESENT MR. TRAVER-Laura? 11 (Queensbury Planning Board 05/27/2020) MRS. MOORE-So this applicant proposes to enclose an existing 288 square foot porch to create a sunroom off of the enclosed swimming pool area, as well as to construct a 240 square foot covered porch to the rear of the building for the guests. The applicant received variances at the Zoning Board of Appeals last week, this includes setback requirements as well as floor area on the site. MR. TRAVER-Okay. Thank you. Good evening. Welcome back. MR. BHATTI-Good evening, everyone. MR. TRAVER-This is another application that we looked at back in February. I think you had explained your project to us at that time and we have the plans before us. Do you have anything to add to your presentation? MR. BHATTI-No. MR. TRAVER-Okay. Questions, comments from members of the Planning Board? MR. DEEB-I did look at it. It looks pretty good. MR. VALENTINE-What, the fencing? MR. DEEB-No, he’s going to build out back in his pool area. MR. VALENTINE-The only thing I had a question on was the snow, the snow coming off of the new porch in the wintertime, and it’s going to wind up coming down, you’re going to occupy, that snow is going to take up some of the parking spaces there. I didn’t know if you had looked at that or not or were concerned with that. MR. BHATTI-Where the back porch is? MR. VALENTINE-Yes. MR. BHATTI-Yes, snow will be there. MR. VALENTINE-How does that effect your parking in the back? I don’t know how, are you filled back there? MR. BHATTI-Not in the wintertime, in the summertime, yes, between May to September it’s pretty full. Winter is like half full. MR. VALENTINE-Okay. MR. TRAVER-Any other questions before we go to public comment? Okay. We do have a public comment period on this application as well. So we’ll go ahead and open that and I’ll ask is there anyone in the audience that wanted to address the Planning Board on this application? We do have a phone in line for public comment for this application. It is 518-761-8225, for those in the YouTube audience who may wish to comment on this application. We will give you a couple of minutes to call. MR. VALENTINE-While we’re waiting, can I ask another question? MR. TRAVER-Please. MR. VALENTINE-On this plan here it shows this existing storm drain, the grate, and on this plan, porch, it shows two grates, but it looks like one of them has been paved over on here, and I don’t know if this is a functional storm collection area and it needs to be exposed there, opened up for drainage. If you look at this plan you have here on the eight and a half by eleven, it’ll show two grates off that new porch area, the new enclosed. MR. BHATTI-Yes, you’re right. The drawing does show that, but I for almost 15 years there’s only been one there. So I don’t know how that got in there, and I copied it from the old survey. There’s only one there for a long time. MR. VALENTINE-So it’s not effecting your drainage back there, then. MR. BHATTI-No, it’s not because it’s not there. MR. VALENTINE-It’s not there so it’s not effecting it. Okay. MR. DEEB-Sam, how many years you said it hasn’t been there? 12 (Queensbury Planning Board 05/27/2020) MR. BHATTI-Fourteen or fifteen years. It was built in 2004. MR. TRAVER-All right. Well, we have not received any phone calls. So we’ll go ahead and close the public hearing on this application. MRS. MOORE-There are no written comments on this application. MR. TRAVER-There are no written comments. Thank you, Laura. PUBLIC HEARING CLOSED MR. TRAVER-And this is a Type II SEQR action. So we can move to a draft resolution provided by Staff. RESOLUTION APPROVING SP # 5-2020 AFTAB (SAM) 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: Applicant proposes to update an existing “Quality Inn” to enclose an existing 288 sq. ft. porch to create a sunroom off of natatorium (enclosed swimming pool). Also is a new 240 sq. ft. covered porch to rear of the building for guests. The existing site has two lodging establishments that share parking and access to Aviation Road. Pursuant to Chapter 179-3-040 of the Zoning Ordinance 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; 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 made a recommendation to the Zoning Board of Appeals on 02/18/2020; the ZBA approved the variance requests on 05/20/2020; The Planning Board opened a public hearing on the Site plan application on 02/25/2020 continued the public hearing to 05/27/2020, 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 05/27/2020; 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 5-2020 AFTAB BHATTI. Introduced by Mr. Deeb, who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: g. site lighting, h. signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal. 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. th Motion seconded by Mr. Magowan. Duly adopted this 27 day of May, 2020 by the following vote: AYES: Mr. Hunsinger, Ms. White, Mr. Shafer, Mr. Valentine, Mr. Magowan, Mr. Deeb, Mr. Traver 13 (Queensbury Planning Board 05/27/2020) NOES: NONE MR. TRAVER-You’re all set. Thank you. MR. BHATTI-Thank you. MR. TRAVER-The next section of our agenda is under New Business, and as I mentioned at the onset of our meeting the R&P Quaker Realty application has been withdrawn. NEW BUSINESS: SITE PLAN NO. 13-2020 SEQR TYPE: TYPE II. R&P QUAKER REALTY II, LLC. AGENT(S): DANIEL W. RYAN, PE. OWNER(S): SWITCHCO, LLC. ZONING: CI. LOCATION: 281 DIX AVENUE. APPLICANT PROPOSES TO REUSE AN EXISTING 24,850 SQ. FT. BUILDING WHERE TENANT # 1 IS AN EXISTING ELECTRIC SUPPLY BUSINESS, TENANT #2 SPACE IS VACANT AND THE APPLICANT TO USE 11,270 SQ. FT. FOR AUTO REPAIR AND DETAILING INCLUDING LIFTS AND OTHER AUTO RELATED EQUIPMENT STORAGE. SITE WORK INCLUDES INTERCONNECT TO ADJACENT PROPERTY AND NEW LAWN AREA. PURSUANT TO CHAPTER 179-9-020 OF THE ZONING ORDINANCE, NEW COMMERCIAL USE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 50-1999, SP 52-2000 ADDITION. WARREN CO. REFERRAL: MARCH 2020. LOT SIZE: 2.0 ACRES. TAX MAP NO. 303.15-1-4, 303.15-1-10. SECTION: 179-9-020. MR. TRAVER-So we move next to Kevin Goggins, Outback Steakhouse, Site Plan Modification 17-2002. SITE PLAN (M) 17-2020 SEQR TYPE: TYPE II. KEVIN GOGGINS, OUTBACK STEAKHOUSE. OWNER(S): QUEENSBURY HOLDINGS, LLC. ZONING: CI. LOCATION: 925 STATE ROUTE 9. APPLICANT PROPOSES TO REPAINT THE EXISTING OUTBACK STEAKHOUSE RESTAURANT FROM A TWO-TONE BROWN AND YELLOW SHADES AND GREEN ROOFING TO A TWO-TONE BROWN & BEIGE SHADES WITH A DARK BROWN ROOF. PURSUANT TO CHAPTER 179-9-120 OF THE ZONING ORDINANCE, NEW COLOR SCHEME ON COMMERCIAL BUILDING SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 4-2005, SP 61-2009, SUB 2-2011. WARREN CO. REFERRAL: MARCH 2020. SITE INFORMATION: TRAVEL CORRIDOR. LOT SIZE: 1.13 ACRES. TAX MAP NO. 296.13-1-17.2. SECTION: 179-9-120. KEVIN GOGGINS, PRESENT MR. TRAVER-Laura? MRS. MOORE-The applicant proposes a façade change, color only. So the façade of the roof changes in color and the face of the building changes in color as well as signage on the building will change. MR. VALENTINE-Laura, I want to thank you for including past minutes into the discussion because it gives a good history to go back and forth and see what the conversation was before. MR. TRAVER-Yes. MR. TRAVER-Good evening. MR. GOGGINS-Hi, how are you. MR. TRAVER-Very good thanks. Do you want to tell us about your project? MR. GOGGINS-Yes. My name’s Kevin Goggins from Outback Steakhouse. It’s just a brand refresher. We’re doing this in multiple stores across the country. It’s just to update the colors. MR. TRAVER-Okay. Anything else? MR. GOGGINS-No. MR. TRAVER-Just basically a color change. No structural changes. MR. GOGGINS-No. MR. TRAVER-Questions, comments from members of the Planning Board? 14 (Queensbury Planning Board 05/27/2020) MR. HUNSINGER-Question and a comment. How accurate are these color schemes? Because a lot of times on the prints and stuff they’re a little off. MR. GOGGINS-That’s exactly. MR. HUNSINGER-No I really like the color scheme. So that was the comment. MS. WHITE-Absolutely. MR. HUNSINGER-It’s a huge improvement. MR. GOGGINS-You have to go by the Clifton Park one. It’s already done. MR. HUNSINGER-Okay. MS. WHITE-I appreciate it. I appreciate that color scheme in that area. MR. TRAVER-We have a public hearing on this application as well. Are there any additional comments from the Planning Board before we go to the public hearing? Okay. We’ll open the public hearing on this application for Outback Steakhouse, Site Plan 17-2020, and for those watching us on t.v. and you wish to call in on this application, our number is 518-761-8225, and, Laura, are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. MR. MAGOWAN-Mr. Chairman, can I make a comment while we’re waiting? MR. TRAVER-Absolutely. MR. MAGOWAN-How are they going to do that roof? It’s a metal roof. Do they edge it? MR. GOGGINS-Prime it and then paint it. MR. MAGOWAN-Really? MR. GOGGINS-It’s just paint, yes. It’s expensive paint, but it’s just paint. MR. TRAVER-They must have to pre-treat the roof, don’t they? MR. GOGGINS-Yes. They put a primer. MR. MAGOWAN-Some kind of edging. They’ve got to do some kind of edging to get a good bond on that. MR. GOGGINS-That’s above my pay grade, but I know it looks really good when it’s done. It’s very expensive by the gallon. Can I ask a question? When you get approval, how long is that good for? MR. TRAVER-Generally a year. Right, Laura? MRS. MOORE-Yes, and if you feel that you haven’t acted on the project, you come in a month prior to ask for an extension. MR. GOGGINS-Just under the current conditions, we want to make sure we have time. MR. TRAVER-Understood. Yes. All right. Well we don’t seem to have any takers by phone for public hearing, and there are no written comments. Is there anyone in the audience that wanted to address the Planning Board on this application? I’m not seeing anyone. So we’ll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-This also is SEQR Type II. So no additional SEQR action is required, and I believe we have a draft resolution ready, Mr. Secretary. MR. DEEB-That we do. RESOLUTION APPROVING SP MOD # 17-2020 KEVIN GOGGINS, OUTBACK STEAKHOUSE 15 (Queensbury Planning Board 05/27/2020) 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 repaint the existing Outback Steakhouse restaurant from a two-tone brown and yellow shades and green roofing to a two-tone brown & beige shades with a dark brown roof. Pursuant to Chapter 179-9-120 of the Zoning Ordinance, new color scheme on commercial building shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 05/27/2020 and continued the public hearing to 05/27/2020, 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 05/27/2020; 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 KEVIN GOGGINS, OUTBACK STEAKHOUSE. Introduced by Mr. Deeb who moved for its adoption. Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: g. site lighting, h. signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution th Motion seconded by Ms. White. Duly adopted this 27 day of May, 2020 by the following vote: AYES: Mr. Magowan, Mr. Valentine, Mr. Shafer, Mr. Hunsinger, Ms. White, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-Good luck. MR. GOGGINS-Thank you all very much. MR. TRAVER-Next under New Business we have Adirondack Factory Outlet for a Site Plan Modification 16-2020. SITE PLAN MODIFICATION 16-2020 SEQR TYPE: TYPE II. ADIRONDACK FACTORY OUTLET AGENT(S): HUTCHINS ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING: CI. LOCATION: 1444 STATE ROUTE 9. APPLICANT PROPOSES TO MODIFY AN EXISTING APPROVED SITE PLAN FOR NEW FAÇADE FEATURES ON NORTH AND SOUTH SIDES OF BUILDING MAINTAINING 12,505 SQ. FT. BUILDING (PREVIOUS APPROVAL INCLUDED REMOVAL), CONVERT 12,206 +/- SQ. FT. AREA FROM PROPOSED BUILDING TO NEW GREEN SPACE. ADDITIONAL SITE WORK FOR PARKING IMPROVEMENTS, NO NEW SIGNAGE. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, MODIFICATIONS TO AN APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 30-2018 (EXPIRED), SP 64-2019. WARREN CO. REFERRAL: MARCH 2020. LOT SIZE: 6.93 ACRES TOTAL. TAX MAP NO. 288.12-1-22. SECTION: 179-3-040 LAURA KOHLS & DAVE KENNY, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-So this applicant is before the Board. They’re going to maintain the 12,205 square foot building. They’re going to convert an area that was 12,206 square feet to green space, and then they’re proposing new façade features on the north and south sides. MR. TRAVER-Okay. Thank you, Laura. Good evening. 16 (Queensbury Planning Board 05/27/2020) MRS. KOHLS-Hi. Laura Kohls and Dave Kenny of the Adirondack Factory Outlet mall. If you have any additional questions, Dave Kenny, the owner is here, as well as Ethan Hall. He does a lot of our drawings for us, and, yes, we have been here several times over the last couple of years trying to figure out what the economic conditions will allow us to do. Things are in flux. The upshot is that Under Armour is now no longer interested in moving. So that is why we’re no longer taking down that front building and moving that to the front corner with the green space. That’s off the table because they cannot justify moving at this time. So the good news, though, is that as you know we were here last week. The Starbuck’s did move forward. They’ll actually be up next week to inspect and hopefully be taking possession shortly thereafter that. The building is almost done. I’m assuming everybody has driven by at some point and seen the colors. So then as you know also at Adirondack Outlet mall the retail industry is hurting. Dress Barn, Corning and the Kitchen Collection have all closed and I think you all know that other stores in the Queensbury market, J. Crew, Tuesday Morning, and J.C. Penney’s are all in bankruptcy. So there’s going to be some significant retail. We are trying to work with bringing some new tenants to the market. We have one current tenant that is currently in our center that is interested in re-locating and updating their store. We have another tenant that is possibly interested in coming into the market. I was actually surprised I got their call two weeks ago. So that was actually a really pleasant surprise given all this , but they want an upgraded look to the center as part of coming or putting in funds. So what we’d like to do is simply at this time work on upgrading the façade which is what you have in front of you. So we would take out the smaller glass window on the north side where the Dress Barn, Corning, Kitchen Collection have moved out and replace that glass with what you see in some of the other outlet centers that have upgraded or been built in the last few years. Upgrade the color schemes to the more modern cream color which would match the siding that you saw us put in on Starbuck’s. So at this time all we’re looking for is to do some façade work. And of course all this would move forward as we get tenants to say yes we’re coming and it’s worth putting the money in and of course all this facade work would work its way around the entire building as Children’s Place and Famous Footwear would allow us to do there. That’s it. MR. TRAVER-Very good. Thank you. Questions, comments from members of the Board? MS. WHITE-It appears to be very straightforward. It makes sense. MR. TRAVER-Yes, and more green space. MR. KENNY-The green space is on the south side. We’re not doing anything over there. That was going to be a big building there. So Tom just said we’ll leave it as green space, but I may need more parking there. The front building is coming down. Right now what we’re asking for is on the north side where all the tenants left. MR. TRAVER-Understood. Thank you. Questions from members of the Board? MR. HUNSINGER-Yes, I appreciate that clarification. I was a little confused. MR. TRAVER-We do have a public hearing on this project as well. So I will let people know who may be watching this on the Town YouTube channel that if they wish to telephone this Board at this time to make public comment on this application they can do so at 518-761-8225. We’ll give people a couple of minutes to do that, and in the meantime, Laura, are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay, and that includes no e-mails received and so on. MRS. MOORE-Correct. MR. TRAVER-Okay. MR. DEEB-Are you getting tired of all these changes you have to make? MR. TRAVER-It’s the name of the game unfortunately. MR. DEEB-You’ve got to go with the flow, don’t you. MRS. KOHLS-Well, and so don’t we all. Right? MR. TRAVER-Yes. MRS. KOHLS-Come up with a new game plan. MR. DEEB-You’ve done pretty well with it. 17 (Queensbury Planning Board 05/27/2020) MRS. KOHLS-Every year. MR. TRAVER-While we give folks a couple of minutes to call in, I’d just mention to the Board that for next month we have draft agendas that we’re looking at and we do expect and hope to return with the same or very similar meeting format to our normal agenda, which would mean we’d be meeting on June thrd 16, Tuesday night, and June 23, a Tuesday night. We do have, we had a little discussion earlier that because of the fact that we were essentially shut down for a little bit of time we have a bit of a backlog, but Laura has been managing that for us in the meantime and feels that we will be back on track within a couple of months. So we are getting there. MR. SHAFER-Will it be similar in terms of the arrangements? MR. TRAVER-Yes. I think if this process seems to work and, you know, we will see if, the public hearing part was the main concern. If people have problems I’m sure we’ll hear about it, but we certainly have provided a variety of means for people to issue public comment. So I’m assuming, unless there’s some issues with that, I, personally feel, I don’t know how the rest of the Board feels, but it seems to me that this is an excellent arrangement under the circumstances. MR. VALENTINE-It works out well. MS. WHITE-Can I just extend my appreciation to Laura. I think she’s been very patient with my questions and I’m sure everybody else’s questions as well. MR. TRAVER-Yes, I mean it’s been quite an effort by Laura and the Staff to put this together in such a way, including meeting with the Town Supervisor obviously to review what was proposed for conducting these meetings and it’s all been done with our safety and that of the Town and of course we have to consider public hearing regulations and all that type of thing. So, so far so good, and with that I have not received any phone calls. So I think we’re ready to entertain the draft motion that Staff has prepared for us for this application. MRS. MOORE-Mr. Chairman, I have questions in reference to the idea of not converting that space to green, simply because it affects your permeability. The understanding was that you were going to convert that to green space, and that affects your permeability. MR. KOHLS-Well the building was going to be converted to green space pending the front building coming down. Then that would become, it was this whole version. So at this point now that that’s actually. MR. KENNY-According to that Site Plan that was approved, it did increase all that green space there and it cut out the building, but the building is not going anywhere. Now they were saying well that rest of that will be green space, too. Now we’ve got no parking. That was all, if you go up there you can see the whole front. MRS. MOORE-I understand that. I’m just saying that’s affecting your green space and that’s not the project that was presented to us. So you’re changing it at the meeting, and that’s something that we could table and have further discussions. MR. KENNY-We will have to table it, because that was never designed, that was designed for a building. The front building was coming down. MR. TRAVER-All right. MR. KENNY-It wasn’t designed as green space. It was designed as a building. MRS. MOORE-So here’s the suggestion. Moving forward with the project as presented and if you wish to make a modification then you can come back. MR. KENNY-We’ll table it. Let’s table it to the next meeting. Would that be? ETHAN HALL MR. HALL-That’s what I wondered. When would it be, if we tabled it. MR. TRAVER-Could you come and get on the microphone and state your name for the record. MR. HALL-Absolutely. Ethan Hall. I’m a principle with Rucinski-Hall Architecture. Laura, if I understand what you’re saying, we could go forward with it as it is, and if we decide to modify it to make that into the hard surface that it was prior to, it’s just re-applying, or making an amendment to. 18 (Queensbury Planning Board 05/27/2020) MRS. MOORE-And it’s potentially a variance, and I don’t know if that’s a process that you’d want to start. MR. HALL-Yes, I don’t think so. I think we’d prefer to table that part. MR. KENNY-We’ll table it and come back with what that space is going to be. We’d definitely need a variance for parking because without parking with the other building that is coming down. MR. TRAVER-Okay. If I could ask you guys to give Laura an opportunity to clarify this for us without interrupting her for a second. Laura, go ahead and just explain so everybody’s on the same page. MRS. MOORE-Right. So right now the way the application is presented, there was not an issue with green space. MR. TRAVER-Right. MRS. MOORE-As the project is presented now, the green space is adequate. It works, because he increased the green space. It was only by three percent I think. It wasn’t very much but it was improved. In reference to the way the project is presented, if that space is now converted to hard scape and we’re not removing that front, then the green space becomes an issue. MR. TRAVER-And what you’re saying is that the application that we have before us is different than what the applicant is stating, not what’s being presented, but what he’s reporting he intends to do this evening. MRS. MOORE-Correct. MR. TRAVER-So you’re clarifying for the applicant that if he goes with the project as presented and potentially approved this evening he’s okay, but if he’s not increasing the green space as presented, then we need to either do another modification or table the project and have him come back with another corrected application. Is that what you’re saying? MRS. MOORE-Correct, and the tabling would be not be, it would be for either July or August. It wouldn’t be on the Board until July or August. MR. TRAVER-And you understand that by tabling that by the nature of our agenda it’s going to be a while before you can get on the agenda again. MR. MAGOWAN-Or we could do a modification here tonight. MRS. MOORE-No. MR. KENNY-The issue is for 20 years the site plan has been approved. We said we’ll take that building down over here. So if you go back to the one before the one that was approved before, we haven’t changed green space, we haven’t changed parking we haven’t changed anything. MR. TRAVER-But those plans don’t, those approved plans don’t exist anymore because they’ve been superseded by an application that you requested. MR. KENNY-Right, but we do meet the green space, if this application wasn’t here, I meet the green space of the original building. MR. TRAVER-Okay. All right. So then you’re requesting that we table the application. MRS. MOORE-I’ll work with Ethan. MR. TRAVER-Okay MR. SHAFER-We’re tabling it because of an issue with green space? I mean they came. MR. TRAVER-We’re tabling it because the applicant has requested to be tabled because he wants to amend his Site Plan. MR. SHAFER-In what way? MR. TRAVER-We don’t know. We’re going to have to wait and see what he presents. MR. SHAFER-But the conversation started with green space and the applicant was simply trying to make some minor modifications to the façade of the north side. 19 (Queensbury Planning Board 05/27/2020) MR. TRAVER-We don’t have an application to review before us this evening that represents what the applicant intends. That’s the problem, and he’s not interested any longer in. MR. SHAFER-I thought she explained he was just going to do a façade on the north. MR. TRAVER-He’s not going to do the application that we reviewed this evening. So that’s, it’s not relevant any longer. MR. SHAFER-By what measure? I don’t understand what’s changed. MR. TRAVER-He’s making changes to what he originally proposed. MR. SHAFER-Orally at the mic? MR. TRAVER-Well, we don’t know because we haven’t seen what he’s now proposing. What h e’s proposing now is different than what we have before us. It needs to go through the same process as everyone else. MR. SHAFER-But we finished the discussion of the application. Laura spoke up and raised a green space issue. MR. TRAVER-Well the applicant clarified that their intent is not to follow the application that we reviewed this evening, but to do something different, and Laura recognized that and commented that that hasn’t been subject to review yet and it’s different than what we were told we were reviewing, which is fine, but there needs to be a process followed in order to accomplish that, and the applicant has agreed to that and asked to be tabled. MR. SHAFER-I would raise the question why the applicant was even before us, then, tonight at all. MR. HALL-Because the application was originally filed back in January when it was the intent of Under Armour to move. They’ve since changed their mind. MR. SHAFER-But that was explained by the young lady here and described some minor modifications that were going to be made to the north side of the building. MR. KENNY-That’s still going to happen. The existing Adirondack Outlet mall was built in 1989. That site plan is still there. We modified that site plan two years ago to put Under Armour over here, take down the front building, move parking in the front and actually have more green space for the building there. What happened was Under Armour changed their mind. No one wants to move. No one wants to put any money into new stores at all, and so we said we’ll go back to the original site plan, but the application said that was all pavement before because we needed it for parking. I didn’t understand. He put it down now as we’re going to make it green space and it was never meant to be green space. You count the parking spaces. It was meant to go back to the original plan that was approved that we’ve lived with for 30 years. MR. DEEB-So a mistake was made and we’re trying to rectify it now. MR. KENNY-A lot of it is that we’ve increased the green space a lot there. MR. TRAVER-I think the biggest factor here in this particular case is that the application that we have before us was filed some time ago and as the applicant stated there’s been changes going on and the changes have occurred since this application was filed. So as the applicant sits here tonight saying I don’t intend to make all the changes that you have before you. So he wants to be tabled so he can make the correct plan. MR. KENNY-Also this site plan what happened originally, I didn’t realize, it was my mistake, it went over a year. So this application as it exists today was null and void because we didn’t renew it within the year, and Under Armour said they didn’t want to move. So we said there’s no sense in renewing the application now because they’re not going to take it anyway. So we went back to the original site plan and said we’re just going to modify the existing building to make it more. MR. DEEB-It’s all moot anyway. You have every right in the world to table your application if you want. We can’t stop you. If you want to table it, table it. MR. SHAFER-My only point was it could have been done a month ago and we would not have wasted our time. MR. DEEB-Things change. Things changed on their end. 20 (Queensbury Planning Board 05/27/2020) MR. SHAFER-Right here tonight? MR. TRAVER-Between when they filed the application. MR. DEEB-When they filed the application until now. MR. KOHLS-I think what’s happened is unfortunately the plan that’s in front of them still shows, instead of that being parking which it’s been for 30 years, it shows as green space on there and it can’t necessarily stay as green space because then we don’t have the parking. So we were focusing on let’s change the façade of the building, not realizing before all this had happened that Tom had left that, and so you guys can’t, and we understand that you guys can’t move forward because of that green space issue. Fine, we’ll have to wait. MR. SHAFER-I’m trying to think of a way to salvage some part of this application. We’re in the worst economic climate in this country in the last 100 years, and we’re sitting here talking about green space. Does that not trouble anybody but me? MR. TRAVER-The most important thing at this point is to communicate with Laura and make sure she’s up to speed on all the things that you’re doing and make sure that when you’re ready to submit that you have reflected all of these changes that you want to make,= whether it be green space or anything else, and then we’ll move forward. MR. KENNY-Okay. Thank you very much. I appreciate it. MR. TRAVER-Thank you. MR. MAGOWAN-Thank you, Dave. MR. DEEB-What are we looking at, Laura? MRS. MOORE-We’re looking at a meeting in August. th MR. TRAVER-All right. August, so that would be the 18. th MR. DEEB-The 18. MR. TRAVER-All right. So the applicant has requested a tabling and we have a resolution prepared. RESOLUTION TO TABLE SP MOD # 16-2020 ADIRONDACK FACTORY OUTLET 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 modify an existing approved site plan for new façade features on North and South sides of building maintaining 12,505 sq. ft. building (previous approval included removal), convert 12,206 +/- sq. ft. area from proposed building to new green space. Additional site work for parking improvements, no new signage. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, modifications to an approved sit plan shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 05/27/2020 and continued the public hearing to 05/27/2020, 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 05/27/2020; 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 TABLE SITE PLAN MODIFICATION 16-2020 ADIRONDACK FACTORY OUTLET; Introduced by Mr. Deeb who moved for its adoption; Application tabled to the first meeting for Planning Board in August of 2020. th Motion seconded by Mr. Magowan. Duly adopted this 27 day of May, 2020 by the following vote: 21 (Queensbury Planning Board 05/27/2020) AYES: Ms. White, Mr. Hunsinger, Mr. Valentine, Mr. Magowan, Mr. Deeb, Mr. Traver NOES: Mr. Shafer MR. DEEB-So, Ethan, you’re going to get all new ones, right? So we can chuck these. MR. HALL-Yes. Well, the architectural drawings aren’t going to change. MR. TRAVER-But the site plan will change. MR. HALL-The site plan. MR. DEEB-Well that’ll be reflected on new plans. Right? MR. TRAVER-Right. MR. HALL-Correct. MR. DEEB-So I might as well just get rid of these. MR. TRAVER-Right. Is there any other business before the Planning Board this evening? All right. Then I guess we can entertain a motion for adjournment. TH MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF MAY 27, 2020, Introduced by John Shafer who moved for its adoption, seconded by Brad Magowan: th Duly adopted this 27 day of May, 2020, by the following vote: AYES: Ms. White, Mr. Hunsinger, Mr. Magowan, Mr. Shafer, Mr. Deeb, Mr. Valentine, Mr. Traver NOES: NONE MR. TRAVER-We stand adjourned. Thank you, everyone. Thank you, ladies and gentlemen for participating tonight. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver, Chairman 22