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06-22-2021 (Queensbury Planning Board 06/22/2021) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING JUNE 22, 2021 INDEX Site Plan No. 21-2021 Ron & Ruth Jameson 1. Tax Map No. 289.11-1-24 Site Plan No. 9-2021 Trevor Flynn 4. Tax Map No. 239.18-1-48 Site Plan No. 34-2021 Laphatt Holdings 5. Tax Map No. 301.8-1-30.3 Site Plan No. 38-2021 David Liebetreu 5. Tax Map No. 289.14-1-4 Site Plan Mod. 39-2021 James Keller/Countryside Veterinary Hospital 8. 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 06/22/2021) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING JUNE 22, 2021 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, CHAIRMAN CHRIS HUNSINGER, VICE CHAIRMAN DAVID DEEB, SECRETARY JAMIE WHITE MICHAEL VALENTINE BRAD MAGOWAN MICHAEL DIXON, ALTERNATE MEMBERS ABSENT JOHN SHAFER LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI nd MR. TRAVER-Welcome to the Town of Queensbury Planning Board meeting for Tuesday, June 22, 2021. th This is our second meeting for June and our 13 meeting thus far this year. If you have an electronic device, a phone or other device, if you would turn it off or turn the ringer off so it’s won’t interrupt our proceedings we would appreciate that. Also note the illuminated red exit signs. In the case of an emergency that is the exit. There are a couple of items this evening which have public hearing that are, one is tabled already and the other is going to be tabled. So if you’re here to hear Trevor Flynn or Laphatt Holdings, those applications are to be tabled although the public hearing will be open and we will hear them I believe in July. So with that we’ll begin our agenda. Under Tabled Items, the first item is Ron and Ruth Jameson, Site Plan 21-2021. TABLED ITEMS SITE PLAN NO. 21-2021 SEQR TYPE: TYPE II. RON & RUTH JAMESON. AGENT(S): ETHAN HALL. OWNER(S): SAME AS APPLICANTS. ZONING: WR. LOCATION: 94 HALL RD. REVISED: APPLICANT PROPOSES TO DEMO AN EXISTING HOME AND GARAGE TO CONSTRUCT A NEW HOME WITH A 2,440 SQ. FT. FOOTPRINT AND A 3,478 SQ. FT. FLOOR AREA INCLUDING AN ATTACHED GARAGE AND A COVERED PATIO. THE PROJECT INCLUDES ASSOCIATED SITE WORK FOR GRADING, STORMWATER CONTROLS AND PLANTINGS. REVISION: NEW HOME IS TO BE LOCATED FURTHER FROM THE SHORELINE. PURSUANT TO CHAPTER 179-3-040 & 179-6-065 OF THE ZONING ORDINANCE, HARD SURFACING WITHIN 50 FT. OF SHORELINE AND NEW FLOOR AREA IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: 2002-453 DOCK, AV 21-2021 WARREN CO. REFERRAL: N/A. SITE INFORMATION: CEA – GLEN LAKE. LOT SIZE: .33 ACRE. TAX MAP NO. 289.11-1-24. SECTION: 179-3-040, 179-6-065. ETHAN HALL, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-So this applicant proposes a demo to an existing home and a garage to construct a new home with a 2,440 sq. ft. footprint and the floor area is going to be 3,478 including an attached garage and a covered patio. The applicant was tabled at the Zoning Board of Appeals previously. They went back to the Zoning Board last week and received their variance and that was for setbacks to the building and setbacks to the shoreline and that was granted by the Zoning Board of Appeals. MR. TRAVER-Okay. Thank you. Good evening. MR. HALL-Good evening. For your record, my name is Ethan Hall. I’m a principle with Rucinski Hall Architecture here tonight representing Ron and Ruth Jameson. The project had been in front of you for recommendation to the Planning and Zoning Boards and was a recommendation that this Board had made that they increase the setback to the lake. That was something they would look for. So we went to the Zoning Board and my reasoning at the Zoning Board was trying to avoid a height variance. If I moved it back, if I moved it up it would need a height variance. MR. TRAVER-Yes, you mentioned that to us as well. 2 (Queensbury Planning Board 06/22/2021) MR. HALL-And so I went to them and they said, well, we’d rather give you the height variance if you wanted to move it back. So I wound up compromising with them. We did move it back a little bit, and I moved it back to the point where it stayed just under needing a height variance. So we came to a compromise with them. They were happy with it. Now we’re back to you. MR. TRAVER-Very good. Any other changes? MR. HALL-We took Brad’s hot tub out. MR. MAGOWAN-Yes, thank you. MR. HALL-Much to the chagrin of the Jameson’s. Actually that was something that we had talked about. I wound up leaving it on the drawings and they decided it was something they could do without. MR. TRAVER-Very good. MR. MAGOWAN-I don’t mind. It’s just that close. Like I said without the system, people say just pump it out, you know, and thank you very much. I just want to know why you didn’t do that all from the beginning. It’s not like you to slip up like this and have to go through all that. MR. TRAVER-All right. Questions, comments from members of the Board? We didn’t look at this, other than moving it back a little bit further from the lake. I guess it’s essentially the same. No questions? All right. Well that’s fairly straightforward. MRS. MOORE-You need to do the public hearing. MR. TRAVER-Thank you. So we do have a public hearing on this application. Is there anyone here that wanted to address the Planning Board on this application? Okay. Laura, are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-I do have a written comment. It says addressed to the Zoning Board and Planning Board. “First, Ron and Ruth have been good neighbors. However there are a couple of points/questions that are appropriate at this time. The primary access to our properties is through a private easement over one of my two lots. Construction parking is not allowed on this easement. Unfortunately other neighbors have willingly allowed construction crews to trespass on my property at their convenience and to damage my property. Past construction activity destroyed newly planted trees and bulldozed cultivated garden plants. Also, I rent my property and I want to advise my renters as to what are allowable construction hours and days. I also want to advise them of the number/person to contact if there are problems or construction outside of these hours. Thank you in advance Vicki Johnson” MR. HALL-And we did address that at the Zoning Board. Obviously the hours of construction are what the Town has already set for us. So that’s been addressed. She does have Ron’s cell phone number. So she can get in touch with him any time. So we’ve taken care of that, and as far as the right of way goes, we know they can’t do that, but the problem has been with Ron and Ruth that she does rent that. It is an air b and b. It’s listed on an air b and b. They’ve had problems with their guests parking in their driveway. So it’s been kind of back and forth. I think we’ve got it pretty well squared away. MR. TRAVER-Any other written comments, Laura? MRS. MOORE-There are no other written comments. MR. TRAVER-Okay. Then we’ll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-After hearing the written comments, do the Board members have any comments or questions for the applicant? Okay. Then now we’re ready to hear that motion. RESOLUTION TO APPROVE SP # 21-2021 RON & RUTH JAMESON The applicant has submitted an application to the Planning Board: Applicant proposes to demo an existing home and garage to construct a new home with a 2,440 sq. ft. footprint and a 3,478 sq. ft. floor area including an attached garage and a covered patio. The project includes associated site work for grading, stormwater controls and plantings. Pursuant to Chapter 179-3-040 & 179-6-065 of the Zoning Ordinance, hard surfacing within 50 ft. of shoreline and new floor area in a CEA shall be subject to Planning Board review and approval. 3 (Queensbury Planning Board 06/22/2021) 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 04/20/2021; the ZBA approved the variance requests on 06/16/2021; The Planning Board opened a public hearing on the Site plan application on 04/27/2021 and continued the public hearing to 06/22/2021, 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 06/22/2021; 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 21-2021 RON & RUTH JAMESON; Introduced by David Deeb who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted; g. site lighting, h. signage, n traffic, o. commercial alterations/ construction details, q. soil logs, r. construction/demolition disposal s. snow removal. The waivers requested are reasonable to request a waiver as these items are typically associated with commercial projects. The applicant has provided information in regards to j. stormwater, k. topography, l. landscaping p floor plans 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired if you have not yet applied for a building permit or commenced significant site work. 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff; b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements;- f) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy. k) This resolution is to be placed in its entirety on the final plans nd Motion seconded by Brad Magowan. Duly adopted this 22 day of June 2021 by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Dixon, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver NOES: NONE 4 (Queensbury Planning Board 06/22/2021) ABSENT: Mr. Shafer MR. HALL-Great. Thank you very much. I appreciate that. MR. TRAVER-Okay. MR. MAGOWAN-Ethan, one quick question. Is that air b and b registered in Queensbury? MR. HALL-I do not know if it’s registered. MS. WHITE-And that’s not pertinent to this application. MR. TRAVER-Next on the agenda is Trevor Flynn, Site Plan 9-2021. SITE PLAN NO. 9-2021 SEQR TYPE: TYPE II. TREVOR FLYNN. AGENT(S): BRANDON FERGUSON, EDP; JON LAPPER. OWNER(S): DANIEL GRASMEDER. ZONING: WR. LOCATION: 3222 RT. 9L. REVISED: APPLICANT PROPOSES A SINGLE STORY 884 SQ. FT. LIVING ROOM/KITCHEN ADDITION TO BE ON THE WEST SIDE OF THE EXISTING HOME, A 436 SQ. FT. SINGLE STORY BREEZEWAY/MUDROOM ADDITION TO THE SOUTH SIDE OF THE HOME CONNECTING THE EXISTING 1,315 SQ. FT. GARAGE TO THE MAIN HOME. THE PROJECT INCLUDES INTERIOR ALTERATIONS ON THE SECOND FLOOR FOR THE MASTER BEDROOM THEN ALTERATIONS TO THE THIRD FLOOR TO INCLUDE A 48 SQ. FT. STUDY NOOK AND A NEW ROOF OVER THE EXISTING BATHROOM AREA. THE PROJECT ALSO INCLUDES CONSTRUCTION OF A DETACHED GARAGE WITH THE UPPER LEVEL GARAGE AREA OF 576 SQ. FT., LOWER LEVEL OF GARAGE AREA 644 SQ. FT., AND WORKSHOP AREA OF 644 SQ. FT. (GARAGE 1,220 SQ. FT.) AND HEIGHT TO BE 18 FT. 11 ½ INCHES. EXISTING BUILDING FOOTPRINTS: 2,172 SQ. FT. HOUSE. EXISTING FLOOR AREA 3,388 SQ. FT., NEW FLOOR AREA TO BE 6,458 SQ. FT. PURSUANT TO CHAPTER 179-3-040, 179-13-010 AND 179-6- 060 OF THE ZONING ORDINANCE, NEW FLOOR AREA IN A CEA, NEW BUILDING WITHIN 50 FT. OF 15% SLOPES AND EXPANSION OF A NON-CONFORMING STRUCTURE AND MAJOR STORMWATER SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 43-2002, AV 27-2002, AV 76-2002, ALL RE: GARAGE/GUEST COTTAGE; AV 8-2021; AV 29-2021. WARREN CO. REFERRAL: FEBRUARY 2021. SITE INFORMATION: APA, LGPC, CEA. LOT SIZE: 3.27 ACRES. TAX MAP NO. 239.18- 1-48. SECTION: 179-3-040, 179-13-010, 179-6-060, CHAPTER 147. MR. TRAVER-This item is to be tabled as I understand it, Laura? MRS. MOORE-This one needed to go to the Zoning Board of Appeals and they will be doing that th tomorrow night and then they will be back before this Board on July 20. MR. TRAVER-Okay. Would the public hearing still be open? This is like the seventh or eighth tabling I believe. MRS. MOORE-Correct. So you would still leave the public hearing open. MR. TRAVER-I wasn’t sure if I had to open it or if it stays perpetually open. This is unusual to have this many tablings. Somewhat. MRS. MOORE-Correct. Somewhat. th MR. TRAVER-All right. So then I believe we have a draft motion to table this to July 20. RESOLUTION TO TABLE SP # 9-2021 TREVOR FLYNN The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Applicant proposes a single story 884 sq. ft. living room/kitchen addition to be on the west side of the existing home, a 436 sq. ft. single story breezeway/mudroom addition to the south side of the home connecting the existing 1,315 sq. ft. garage to the main home. The project includes interior alterations on the second floor for the master bedroom then alterations to the third floor to includes a 48 sq. ft. study nook and a new roof over the existing bathroom area. The project also includes construction of a detached garage with the upper level garage area of 576 sq. ft., lower level of garage area 672 sq. ft. and workshop area of 572 sq. ft. (total floor area 1,820 sq. ft.) and height to be 21 ft. 4 inches. Existing building footprints: 2,172 sq. ft. house and 1,315 sq. ft. detached garage. New floor area to be 6,390 sq. ft. Pursuant to Chapter 179-3-040, 179-13-010 and 179-6-060 of the Zoning Ordinance, new floor area in a CEA, new building within 50 ft. of 15% slopes and expansion of a non- 5 (Queensbury Planning Board 06/22/2021) conforming structure and major stormwater shall be subject to Planning Board review and approval. Request for further tabling to July 20, 2021. MOTION TO TABLE SITE PLAN 9-2021 TREVOR FLYNN (D. GRASMEDER). Introduced by David Deeb who moved for its adoption, Tabled until the July 20, 2021 Planning Board meeting. nd Motion seconded by Michael Valentine. Duly adopted this 22 day of June 2021 by the following vote: AYES: Ms. White, Mr. Dixon, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Traver NOES: NONE ABSENT: Mr. Shafer MR. TRAVER-All right. Next we move on to Old Business. The first item under Old Business is Laphatt Holdings, Site Plan 34-2021. OLD BUSINESS: SITE PLAN NO. 34-2021 SEQR TYPE: UNLISTED. LAPHATT HOLDINGS. AGENT(S): TOM CENTER. OWNER(S): SAME AS APPLICANT. ZONING: NR. LOCATION: MANOR DRIVE. SEQR: PLANNING BOARD ACCEPTS LEAD AGENCY STATUS, CAN PROCEED WITH SEQRA REVIEW. APPLICANT PROPOSES TO CONSTRUCT TWO FOUR-UNIT BUILDINGS. EACH BUILDING IS TO BE 3,200 SQ. FT. WITH EACH UNIT TO HAVE A GARAGE, TWO BEDROOMS AND A DRIVEWAY ONTO MANOR DRIVE. THE SITE IS TO HAVE TWO ON-SITE SEPTIC SYSTEMS AND EACH BUILDING IS TO BE CONNECTED TO WATER. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, CONSTRUCTION OF NEW MULTI- FAMILY BUILDINGS IN THE NR ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR DENSITY. PLANNING BOARD MAY CONDUCT SEQRA AND MAY MAKE RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: AV 33-2021. WARREN CO. REFERRAL: N/A. LOT SIZE: .87 ACRE. TAX MAP NO. 301.8-1-30.3. SECTION: 179-3-040. MR. TRAVER-This I believe we’ve already tabled . Correct? MRS. MOORE-You have tabled it already. You would need to open the public hearing and that’s already been advertised and then you would, you can re-table this again. It’s fine. However you wish to handle it. th MR. TRAVER-Okay. I think we tabled originally to July 20. So would we have to table it again or would the original tabling stand? MRS. MOORE-You can say it this way. The original tabling at last week’s meeting and we are simply opening the public hearing tonight. MR. TRAVER-Okay. Thank you. Okay. So this application was tabled at our Planning Board meeting th last week. It was tabled to July 20. We will open the public hearing and leave it open through the th tabling, and we will be hearing this application next on July 20. PUBLIC HEARING OPENED MR. TRAVER-I believe we have a draft, or no, we don’t need to do it we did it already last week. I’m sorry. Next we move on to, also under Old Business is Unapproved Development, David Liebetreu, Site Plan 38- 2021. OLD BUSINESS – UNAPPROVED DEVELOPMENT: SITE PLAN NO. 38-2021 SEQR TYPE: TYPE II. DAVID LIEBETREU AGENT(S) CLARK WILKINSON, EDP. OWNER(S): KATHERINE M. LIEBETREU LIVING TRUST. ZONING: WR. LOCATION: 57 FITZGERALD DRIVE. APPLICANT PROPOSES TO INSTALL NEW SHORELINE PLANTING PLAN, CREATE A DESIGNATED LAWN AREA AT THE SHORELINE, INSTALL A STORMWATER MANAGEMENT AREA FOR THE EXISTING DRIVEWAY, REPLACE BRICK PATIO AREA WITH PERMEABLE PATIO AREAS, INCREASE PERMEABLE PATIO AREAS AT THE SHORELINE, CREATE A NEW HOT TUB AREA AND INSTALL SLAB STEPS. THE CABANA IS PRE-EXISTING AND NEEDS REVIEW FOR LOCATION. PURSUANT TO CHAPTER 179-3-040, 179-4-010, 179-6-050, 179-6-060 & 179-8-040 OF THE ZONING ORDINANCE, WATERFRONT AREA WORK, HARD SURFACING, FILLING, SLOPES/CUT 6 (Queensbury Planning Board 06/22/2021) ACTIVITIES AND SHORELINE BUFFERS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 38-1995, PC 91-2017, ALT./ADDITION, AV 37-2021. WARREN CO. REFERRAL: N/A. SITE INFORMATION: GLEN LAKE CEA. LOT SIZE: .74 ACRE (PER SURVEY). LOCATION: 57 FITZGERALD DRIVE. SECTION: 179-3-040, 179-4-010, 179-6-050, 179-6-060, 179-8-040. JON LAPPER & CLARK WILKINSON, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-So the application proposes to install new shoreline planting plan, create a designed lawn area at the shoreline, install a stormwater management area for the existing driveway, and install some patio areas for the grilling area as well as the hot tub area. At the Zoning Board meeting the Zoning Board requested that they remove anything to the south of the cabana, there was proposed to be a grill area. The Zoning Board requested that be removed and be kept as the cabana area that’s existing now. So the applicant has provided revised drawings showing that there’s no patio to the south, and I do have a Chazen letter. I have hard copies here if you need them. MR. TRAVER-Okay. Thank you, Laura. MR. LAPPER-Good evening. For the record Jon Lapper with Clark Wilkinson from EDP. Laura pretty much said everything. Just like with Ethan, we compromised at the Zoning Board to keep it even farther from the neighbor to the south so the grilling area is on the other side of the cabana. This was the issue with the 20 year old plus cabana that our client was worried about. It never got approvals. So the Zoning Board, as the Planning Board represented, was fine with all that and they asked us to move the grilling area and it was fine, and what’s left are all making permeability better, doing a lot of plantings and just spending some money on the site to upgrade it and the Chazen letter was all really minor stuff. MR. TRAVER-Yes, actually late today we got the most recent Chazen letter and it’s kind of interesting. I don’t remember ever seeing a notation in an engineering comment that the permeability was improved and, you know, all of that. MR. LAPPER-They didn’t have any issues. MR. TRAVER-Yes, that was kind of different. Question for the Board. Laura did send us that information today. Did everyone get an opportunity to see that? She has some hard copies, a few hard copies this evening. There is a modified site plan that was submitted included in her e-mail today and we do have hard copies, although the amended site plan really just references I think what we would consider an improvement to the original plan that we looked at before. And again the engineering comments, again, obviously I’m not an engineer, but I didn’t see anything that, I don’t think, that can be addressed by the applicant, and we require a signoff anyway. MR. LAPPER-Right. MR. TRAVER-So if the Board is comfortable moving forward. We do have a public hearing on this application tonight so we’ll be opening that, but I’ll open it up by asking if there are members of the Board that have any questions or comments for the applicant. PUBLIC HEARING OPENED MR. HUNSINGER-I just wanted to comment on the planting scheme that was pretty robust. Nice job. MR. TRAVER-Is there anyone in the audience that wanted to address the Planning Board on this application tonight? Are there are any written comments, Laura? MRS. MOORE-There are no written comments. MR. TRAVER-Okay. All right. Thank you. Well, if there are no additional questions from members of the Board, I guess we can move to a resolution. MS. GAGLIARDI-Excuse me, Mr. Chairman, did you close the public hearing? MR. TRAVER-I did not. Thank you, Maria. All right. So we’ll close the public hearing. PUBLIC HEARING CLOSED MR. DEEB-On the resolution, there’s no need to make any additions because everything’s taken care of, even though it was changed at the Zoning Board. 7 (Queensbury Planning Board 06/22/2021) MRS. MOORE-You can identify that the applicant submitted a revised plan as of today which was 6/22/2021.. Say it’s been revised around the cabana area. RESOLUTION APPROVING SP # 38-2021 DAVID LIEBETREU The applicant has submitted an application to the Planning Board: Applicant proposes to install new shoreline planting plan, create a designated lawn area at the shoreline, install a stormwater management area for the existing driveway, replace brick patio area with permeable patio areas, increase permeable patio areas at the shoreline, create a new hot tub area and install slab steps. The cabana is pre-existing and needs review for location. Pursuant to Chapter 179-3-040, 179-4-010, 179-6-050, 179-6-060 & 179-8-040 of the Zoning Ordinance, waterfront area work, hard surfacing, filling, slopes/cut activities and shoreline buffers shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; The Planning Board made a recommendation to the Zoning Board of Appeals on 06/15/2021; the ZBA approved the variance requests on 06/16/2021; The Planning Board opened a public hearing on the Site plan application on 06/22/2021 and continued the public hearing to 06/22/2021, 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 06/22/2021; 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 38-2021 DAVID LIEBETREU; Introduced by David Deeb who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted h. signage, n traffic, o. commercial alterations/ construction details, q. soil logs, r. construction/demolition disposal s. snow removal. The waivers requested are considered reasonable to request a waiver as these items are typically associated with commercial projects. The applicant has provided information for g. site lighting, j. stormwater, k. topography, l. landscaping, p floor plans. 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired if you have not yet applied for a building permit or commenced significant site work. 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff; b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements;- f) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; 8 (Queensbury Planning Board 06/22/2021) j) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy. k) This resolution is to be placed in its entirety on the final plans. l) Includes revised plan submitted today, 6/22/2021, to Staff for the cabana area. nd Motion seconded by Michael Valentine. Duly adopted this 22 day of June 2021 by the following vote: MR. MAGOWAN-The only thing I’d like to say is thank you. I mean this was really a different unapproved job that you had to do. I was really impressed with the planting at the beginning for sure and a good compromise on really just moving the grill to the other side. It’s really a shorter walk to the steaks now. So thank you. MR. TRAVER-And it will result in an improvement in terms of environmental. So good. Anything else? Maria can you call the vote for us, please. AYES: Mr. Dixon, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Ms. White, Mr. Traver NOES: NONE ABSENT: Mr. Shafer MR. TRAVER-You’re all set. MR. LAPPER-Thank you very much. MR. TRAVER-The next section of our agenda is under New Business. The application under New Business is James Keller/Countryside Veterinary Hospital, Site Plan Modification 39-2021. NEW BUSINESS: SITE PLAN MODIFICATION 39-2021 SEQR TYPE: TYPE II. JAMES KELLER/COUNTRYSIDE VETERINARY HOSPITAL OWNER(S) SAME AS APPLICANT. ZONING: NR. LOCATION: 270 QUEENSBURY AVENUE. APPLICANT PROPOSES TO INSTALL 1,000 SQ. FT. LINEAR FENCE TO ALLOW FOR OUTDOOR ANIMAL WALKING AREA OF ABOUT 40,000 SQ. FT. THE FENCE IS TO BE CONNECTED TO THE EXISTING 5,752 SQ. FT. BUILDING. THE FENCE ALLOWS FOR AN ENCLOSED AREA TO SAFELY WALK ANIMALS THAT ARE IN THE CARE OF THE FACILITY. THE PROJECT INCLUDES MAINTAINING FOUR SHEDS ON THE PROPERTY. PURSUANT TO CHAPTER 179-9-120, 179-5-020 & 179-5-060 OF THE ZONING ORDINANCE, SHEDS AND FENCES FOR COMMERCIAL PROPERTIES REQUIRE SITE PLAN REVIEW AND MODIFICATIONS TO AN APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 316-1973 FOR VETERINARY (NOA 3-2009), SP 79-2011 ADDITION. WARREN CO. REFERRAL: JUNE 2021 & TOWN OF KINGSBURY LOT SIZE: 10.27 ACRES. TAX MAP NO. 303.8-1-6. SECTION: 179- 9-120, 179-5-020, 179-5-070. JAMES KELLER, PRESENT MR. TRAVER-Laura? MRS. MOORE-So this applicant proposes to install a 1,000, I’m sorry it say square feet. It’s actually just linear feet of fencing to allow for outdoor animal walking area associated with the Veterinary Hospital and also to establish that there are four existing sheds on the site that the applicant intends to maintained. MR. TRAVER-Okay. Thank you. DR. KELLER-Good evening. James Keller with Countryside Veterinary Hospital. Pretty straightforward request here, and we’ve been at operation at Countryside for 14 plus years. We use the back area of the Hospital, we own about 20 acres up there, we use that back area for walking pets. We do boarding, day boarding. We do long term boarding, and that back area where we walk pets has been, although functional, at times it’s been a risk. You’ve got sometimes smaller staff members walking Great Danes and we’ve had a handful of times where a dog has either pulled a staff member down and fortunately we haven’t had a dog escape from us in the 14 years we’ve been there. We’re also on a busy main road. So basically I’m requesting putting up a fence in this area so that we don’t lose somebody’s pet. MR. TRAVER-Okay. One question I had, I believe you indicated in your application that the animals would be brought into this area by an employee. DR. KELLER-Correct. 9 (Queensbury Planning Board 06/22/2021) MR. TRAVER-And would never be left unattended. DR. KELLER-No, never. At all times there’s always a staff member with pets. So there never is leaving these dogs outside for any period of time without the staff member being present. MR. TRAVER-So you wouldn’t object to make that a condition of a potential approval? DR. KELLER-No, I would not allow that of my staff. MR. TRAVER-Okay. Questions comments from members of the Board? MR. HUNSINGER-So I remember when you were here for original site plan review and there were some issues with one of the neighbors. DR. KELLER-That neighbor is gone. MR. HUNSINGER-And I think it was the neighbor to the south. DR. KELLER-Yes. MR. HUNSINGER-And so my question was you’re putting up the privacy slats on the west side, but not on the south side. DR. KELLER-Yes, and you know to be honest as I thought about that and after the application, I’d be more than happy to put them along that south side on that neighbor’s side. Because the way I look at the fence, if you look at the drawing I provided, you know, if you’re driving down Queensbury Avenue and you’re looking up at the practice, if I’m putting the slats on the west side it’s almost obtrusive. You almost kind of notice the fence, in my opinion, a little bit more. So I’d be more than happy to flip that and do that along the south side. I actually was contacted by the neighbor here just a week ago after she received the letter and she had asked would you like me to come up and speak in favor of this, and I said honestly I don’t see this as being an issue and if I have an issue then, you know, please send a letter. So that would be fine. There used to be actually a small privacy fence that flanked the two properties at that time. She actually took it down and she said she wasn’t planning on putting it up. So there hasn’t been any issues with this neighbor. MR. HUNSINGER-Good. DR. KELLER-But I don’t mind putting it up, and I can ask her too if she wants it on that side. I have no problem putting it up. MR. HUNSINGER-I would tend to agree with you, though, on the west side, because that was part of the comment as well. DR. KELLER-Yes, and I agree. After I kind of drew this and I submitted the picture of it, I felt like it was going to be, because I don’t want to take away from the property itself because I feel it’s a beautiful property and having a big slatted fence through there, I’d rather not to be honest with you. So, but I’d be more than happy to do it on her side if she’d like that. MR. MAGOWAN-You call the west side the side towards Queensbury Avenue. DR. KELLER-Yes, looking out towards West Mountain. MR. MAGOWAN-So but I mean you did mention, you just mentioned you do live on a busy road and you were afraid the dogs would run down. So I mean take that out. DR. KELLER-No, no, not the actual fence, but the slats in the fence. MR. MAGOWAN-Okay. DR. KELLER-So I was considering putting, you know, the vinyl that goes through the fence as a stuff kind of so you couldn’t see through it. MR. MAGOWAN-Right. DR. KELLER-So Mr. Hunsinger I think was requesting potentially that on the south side facing the neighbor so the neighbor wouldn’t have to look through the fence. MR. DEEB-That’s the fence. 10 (Queensbury Planning Board 06/22/2021) MR. HUNSINGER-If your neighbor’s not here and they’re not asking for it. DR. KELLER-Yes, and if she does, and I’ll ask her. I mean we have a good relationship. So if she’d like me to put it up, I’ll put it up. MR. DEEB-I’m sure she’d be happy to hear from you. MR. TRAVER-You could perhaps ask her once the fence is corrected so she can see sort of before and after. DR. KELLER-Yes, I mean that would be fine. That’s easy. MR. TRAVER-Okay. Anything else? Any other questions or comments? MR. HUNSINGER-Just to follow up, though. I’m perfectly okay with you not putting the privacy on the west side. DR. KELLER-Okay. Yes, I would rather not to be honest, but if you’re requiring it then I would. I feel like it just makes the fence more noticeable. MR. HUNSINGER-That’s what I thought, too. MRS. MOORE-So that should be part of your motion, the fence, where it’s to be located and where it’s not to be located, so the application is accurate. MR. MAGOWAN-I’m happy you’re not putting up the razor barbed wire to keep those varmints in. DR. KELLER-Absolutely. MR. DIXON-There was a comment on the sheds. The sheds were staying, but there’s one shed to the north, and I used Google maps and I don’t see that shed on Google maps. Has that been there? MR. MAGOWAN-On the other side of the fence. MR. DIXON-Yes. Or is that a new shed? That one there. DR. KELLER-Yes. So that is there. Is that what you’re asking? MR. DIXON-Yes. DR. KELLER-So that one is there, but it does sit, it would sit outside the fence line. It’s still on the property. The property goes all the way to the Town water road. MR. DIXON-When was that shed installed? DR. KELLER-I want to say it’s probably been there now for eight to ten years. MR. TRAVER-Do you still use it? DR. KELLER-I considered moving it to my other location at 454 Queensbury. I basically keep my Balloon Festival stuff in it. So we do the Balloon Festival party now across the street rather than up at the barn. So I considered moving it. I may still. Yes, believe it or not at the 454. MR. MAGOWAN-The big building? DR. KELLER-Yes. MR. MAGOWAN-That’s what I thought when I came in, I said no. So I’m glad you’re operating out of both. DR. KELLER-Yes, I’m using both. MR. MAGOWAN-How’s it going at 454? DR. KELLER-Really well. MR. MAGOWAN-It was really loud at the beginning when you got in there. 11 (Queensbury Planning Board 06/22/2021) DR. KELLER-The whole place is, we gutted everything. We did a full renovation of the building there. It’s been a home run for us up there. MR. MAGOWAN-Good for you. DR. KELLER-And we do basically our boarding, our grooming and our minor medical procedures. So, yes, we use them both. MR. MAGOWAN-Well that’s why I was confused because I’ve always seen traffic up there, you know, at the old place. DR. KELLER-Yes, it’s both. We’re utilizing both. MR. MAGOWAN-So that’s great. I like the idea of keeping the fence up in the front. It’ll be a little less, because it is a beautiful driveway up and path up there. It’s a nice looking piece of property. DR. KELLER-It is. I was really hesitant, my kids love riding their four wheelers up there, and I was like I don’t think we’re going to be able to ride four wheelers up here. MR. TRAVER-We do have a public hearing on this application. I see no one in the audience. I’ll ask Laura, are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. Then I will close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-Any other questions, comments from members of the Board before we entertain a motion? All right. I guess we’re ready. RESOLUTION APPROVING SP MODIFICATION # 39-2021 JAMES KELLER The applicant has submitted an application to the Planning Board: Applicant proposes to install 1,000 sq. ft. linear fence to allow for outdoor animal walking area of about 40,000 sq. ft. The fence is to be connected to the existing 5,752 sq. ft. building. The fence allows for an enclosed area to safely walk animals that are in the care of the facility. The project includes maintaining four sheds on the property. Pursuant to Chapter 179-9-120, 179-5-020 & 179-5-070 of the Zoning Ordinance, sheds and fences for commercial properties require site plan review and modifications to an approved site plan shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 06/22/2021 and continued the public hearing to 06/22/2021, 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 06/22/2021; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN MODIFICATION 39-2021 JAMES KELLER; Introduced by David 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. The waivers requested are reasonable to request a waiver as these items for this specific project as there are no site changes and the project is in regards to a fence to allow animals to be walked in an enclosed space behind the existing veterinarian building.. 12 (Queensbury Planning Board 06/22/2021) 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired if you have not yet applied for a building permit or commenced significant site work. 3) 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. h) Animals are not to be left unattended when in the exercise yard. i) Privacy slats to be erected on the south side if needed and the privacy slats on the west side are removed. nd Motion seconded by Brad Magowan. Duly adopted this 22 day of June 2021 by the following vote: MR. DEEB-Condition H, Staff members is to accompany all animals in the outside exercise area, and I, privacy slats to be erected on the south side if needed. DR. KELLER-I have one question. This doesn’t require a permit, I believe, to put up a fence. Correct? MRS. MOORE-It doesn’t require a permit, but it requires site plan review because it’s a commercial use. DR. KELLER-Right. So this is where we’re actually at. MRS. MOORE-This is where we’re at. DR. KELLER-So I don’t actually have to apply for a permit. MRS. MOORE-There’s no permit for that. So in reference to the slats, you didn’t remove the west. So it’s only on the south side. MR. HUNSINGER-Well that’s what he said, south side only. MRS. MOORE-I wasn’t sure. MR. DEEB-Privacy fence to be erected on the south side if needed. MRS. MOORE-If needed. MR. MAGOWAN-Those slats he wants on the west. MR. DEEB-No, he doesn’t want them on the west. DR. KELLER-The west is going to go away and the south is optional. MS. WHITE-There you go. He said it very succinctly. What he just said. MR. DEEB-Right. Do you want me to put that in the resolution? Privacy fence be erected, amended resolution, on south side if needed and the privacy slats on the west side are removed. MR. MAGOWAN-I’ll second the amended motion. MR. TRAVER-All right. We have an amended motion. MR. DEEB-Wait a second. Laura’s thinking. MRS. MOORE-And the other items is I would add the words animals outside are not to be left unattended. MR. DEEB-I did that. 13 (Queensbury Planning Board 06/22/2021) MR. VALENTINE-That’s in there. MRS. MOORE-But it was sort of unclear. MR. DEEB-A staff member is to accompany all animals in the exercise yard area. MR. VALENTINE-At all times, while the animals are outside. MR. MAGOWAN-They will never be left unattended. MR. DEEB-All right. At all times. Is that better? MRS. MOORE-Okay. MR. DEEB-No, tell me what you’re thinking. Come on, Laura. I can tell. I know you by now. MR. TRAVER-I think the wording that she’s looking for is the animals will not be left unattended in the fenced in area. MR. DEEB-I like that better. MRS. MOORE-Okay. MR. DEEB-Is that okay? MRS. MOORE-Yes. MR. DEEB-All right. MR. TRAVER-That also leaves the option that it may not necessarily be a staff member that’s observing them, but they are being observed. MR. DEEB-Well who’s going to observe them? MR. TRAVER-What’s that? MR. DEEB-Who would observe them if it’s not a staff member? MR. HUNSINGER-The owner. MR. DEEB-He’s a staff member. MS. WHITE-A friend, a family. MR. TRAVER-Just say not to be attended. MR. DEEB-All right. Amended resolution. H. Animals are not to be left unattended when in the exercise yard. MR. TRAVER-Good. MR. MAGOWAN-I’ll second the amended, amended motion. MR. TRAVER-Yes, I feel better now. So we have an amended motion made and seconded. Are there any questions remaining on that motion? Maria, can you call the vote for us, please. AYES: Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Ms. White, Mr. Dixon, Mr. Traver NOES: NONE ABSENT: Mr. Shafer MR. TRAVER-You’re all set. DR. KELLER-Thank you very much. MR. VALENTINE-On the diagram., it showed the things going down and usually you see them this way. Can you get them to go down that way? 14 (Queensbury Planning Board 06/22/2021) DR. KELLER-I don’t know the answer to that. I’d have to ask the fence guys, but I believe on my dumpster enclosure at 454 I think they go straight down to be honest with you. MR. VALENTINE-I’m just looking at the way they’re angled there. MR. MAGOWAN-They have both options. They can go straight up and down or you can go diagonal. DR. KELLER-Okay. MR. MAGOWAN-You have a lot of deer up there. This might help so you don’t have to check all the dogs an animals that come in with ticks. DR. KELLER=Yes. Hopefully. We keep it pretty mowed down, though, that whole back area. We’ve been fortunate in that regard, but out in the woods it’s heavy with ticks. MR. TRAVER-So that concludes our agenda for tonight. Is there any other business before the Planning Board? MRS. MOORE-So I’ll give you a hint. For next month it’s a full agenda on both nights. MR. TRAVER-We just added a couple to the first meeting. All right. If there’s nothing else before the Board tonight, I’ll entertain a motion to adjourn. MR. HUNSINGER-So moved. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JUNE 22, 2021, Introduced by David Deeb who moved for its adoption, seconded by Michael Valentine: nd Duly adopted this 22 day of June, 2021, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Dixon, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver NOES: NONE ABSENT: Mr. Shafer MR. TRAVER-We stand adjourned. Thank you, everybody. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver, Chairman 15