04-26-2022 (Queensbury Planning Board 04/26/2022)
QUEENSBURYPLANNINGBOARD MEETING
SECOND REGULAR MEETING
APRIL 261r,2022
INDEX
Site Plan No. S-2020 Thomas Heinzelman 1.
ONE YEAR EXTENSION Tax Map No.2S9.7-1-19
Site Plan No.17-2022 Foothills Builders(Terre Majestic Holdings,LLC) 2.
Tax Map No.296.5-1-17
Site Plan No.51-2021 Brett&Pamela West(Main House) (Cont'd Pg.14) 4.
Tax Map No.226.15-1-17
Site Plan No.23-2022 Queensbury Square,LLC 5.
Tax Map No.296.17-1-3S
Site Plan No.22-2022 Great Escape Theme Park,LLC S.
Tax Map No.2SS.20-1-20
Site Plan No.20-2022 Nicholas&Kerry Giumarra 11.
Tax Map No. 316.14-1-11
Discussion 1-2022 Faden Enterprises 15.
Tax Map No.2SS.-1-5S
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.
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(Queensbury Planning Board 04/26/2022)
QUEENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
APRIL 26TK,2022
7.00 P.M.
MEMBERS PRESENT
STEPHEN TRAVER,CHAIRMAN
MICHAEL DIXON,SECRETARY
JACKSON LA SARSO
WARREN LONGACKER
JOHN MOLLOY
MEMBERS ABSENT
DAVID DEEB
BRAD MAGOWAN
ZONING ADMINISTRATOR-CRAIG BROWN
STENOGRAPHER-MARIA GAGLIARDI
MR.TRAVER-Good evening,ladies and gentlemen. Welcome to the Town of Queensbury Planning Board
meeting for Tuesday,April26`h,2022. This is our second meeting for April and our ninth meeting,believe
it or not,for 2022. If you have an emergency event,these illuminated exit signs are the way out. So please
make note of those. If you have an electronic device, a cell phone or other electronic device,if you would
either turn it off or turn the ringer off we would appreciate it,so as not to interrupt our proceedings. Also
we do record the minutes for these meetings, and we'd appreciate it if the audience would remain silent,
other than during the public hearing process. If you do wish to converse among yourselves,if you would
just remove yourself to the outer room to do that and then return when you're finished. Thank you very
much. We want to give our appreciation to Craig Brown,our Zoning Administrator,who is sitting in for
Laura tonight for us,actually the next couple of weeks I guess,as she recovers from a minor procedure,and
with that we'll begin. The first item on our agenda tonight is an administrative one. It's Site Plan 8-2020,
for Thomas Heinzelman. A request for a one year extension.
ADMINISTRATIVE ITEM:
SITE PLAN 8-2020 THOMAS HEINZELMAN REQUEST FOR A ONE YEAR EXTENSION
MR. TRAVER-Craig,did you have any comments on that?
MR. BROWN Just to summarize the letter from the applicant's agent just seeking some additional time
to get the project started. I think you guys have done this once in the past. This will be a second
extension.
MR. TRAVER-Yes. So it looks like we've granted an extension in May of 2021. So they're asking for
another extension. They just say for several reasons. They're not specific. It's only the second extension.
I don't,myself,have a problem with it. Are there any questions or concerns from members of the Board on
this extension? Then I guess we have a motion.
RESOLUTION TO GRANT A ONE YEAR EXTENSION SP 8-2020 THOMAS HEINZELMAN
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.
The Planning Board approved site plan 8-2020 on May 27,2021.A one year extension request was granted
on May IS,2021.
MOTION TO APPROVE A ONE YEAR EXTENSION FOR SITE PLAN 8-2020 THOMAS
HEINZELMAN. Introduced by Michael Dixon who moved for its adoption,seconded by John Molloy.
Duly adopted this 26`h day of April 2022 by the following vote:
AYES: Mr. Dixon, Mr. Longacker,Mr. Molloy,Mr. LaSarso, Mr. Traver
NOES: NONE
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ABSENT: Mr. Deeb,Mr. Magowan
MR. TRAVER-Thank you,and now we move to the regular section of our agenda. The first section being
Tabled Items. The first item being Foothills Builders,Terre Majestic Holdings,LLC. This is Site Plan 17-
2022.
TABLED ITEMS:
SITE PLAN NO. 17-2022 SEQR TYPE: TYPE II. FOOTHILLS BUILDERS (TERRE MAJESTIC
HOLDINGS, LLC) AGENT(S): HUTCHINS ENGINEERING (T. CENTER). OWNER(S):
RUSSELL THOMAS. ZONING: MDR. LOCATION: HIGHPOINT DRIVE. THE APPLICANT
OWNER OF LOT 9 OF HIGHPOINT DRIVE PROPOSES TO INSTALL A 3,200 SQ.FT.DRIVEWAY
WITHIN THE DEEDED EASEMENT AREA ON THE PARCEL OF 23 HIGHPOINT DRIVE,LOT 10.
THE DRIVEWAY TO BE 10% PLUS GRADE. THERE WILL BE TWO DRIVEWAYS LOCATED
AT 23 HIGHPOINT DRIVE, LOT 10, THE PROPOSED DRIVEWAY TO BE ADJACENT TO THE
EXISTING DRIVEWAY. LOT 9 IS CURRENTLY UNDER CONSTRUCTION FOR A SINGLE
FAMILY HOME. THE PROJECT INCLUDES STORMWATER MANAGEMENT ALONG THE
NEW DRIVEWAY AREA. PURSUANT TO CHAPTER 179-3-040, 179-9-020, 179-6-060
DEVELOPMENT OF THE DRIVEWAY AT A 10% GRADE SHALL BE SUBJECT TO PLANNING
BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SUB 4-1993,SUB 4-1993 MOD.(2006).
WARREN CO. REFERRAL: MARCH 2O22. LOT SIZE: 1.17 ACRES (LOT 10),1.39 ACRES (LOT
9). TAX MAP NO. 296.5-1-17. SECTION: 179-3-040,179-9-020,179-6-060.
MR. TRAVER-Craig,do you want to comment on this?
MR.BROWN Just a little. This has been before the Board a couple of times. You guys are familiar with
this. It's the plan for the construction of a driveway that exceeds 100/o,which is our maximum driveway
slope. They've been back and forth to the Board a couple of times. They're working on the arrangement
and location of some stormwater controls and they're back with their latest iteration.
MR. TRAVER-Okay. So, again, this application was reviewed a couple of times by this Board,received
some engineering analysis. We did take public comment,a significant amount of public comment,closed
the public hearing. The last time the applicant was here we actually had counsel present to give us some
additional guidance on this application and with counsel's support Staff developed a draft resolution for
us to look at shortly,but I will welcome back the applicant and just ask if you have anything further to add
this evening?
MR. MEYER-Thank you. Again, for the record, my name is Jeff Meyer. I'm an attorney appearing on
behalf of the applicant. With me is Tom Center. We don't have anything to add. I had asked for the
adjournment because I was on vacation last week. I appreciate your consideration.
MR. TRAVER-I understand that. Okay. Well in that case,we have the resolution. The next step would
be to, Mr. Secretary,if you would go ahead and read that.
RESOLUTION TO APPROVE SP#17-2022 FOOTHILLS BUILDERS(TERRE MAJESTIC HOLDINGS)
The applicant has submitted an application to the Planning Board: The applicant owner of lot 9 of
Highpoint Drive proposes to install a 3,527 sq.ft. driveway within the deeded easement area on the parcel
of 23 Highpoint Drive,lot 10. The driveway to be 100/o plus grade. There will be two driveways located at
23 Highpoint Drive,lot 10,the proposed driveway to be adjacent to the existing driveway.Lot 9 is currently
under construction for a single family home. The project includes stormwater management along the new
driveway area.Pursuant to chapter 179-3-040,179-9-020,179-6-060,development of the driveway at a 100/o
grade shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code, 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 approved as further discussed below,
A. The project (a driveway of 100/o +/-grade) is a permitted use in the MDR zoning district and the
driveway has been designed to be as compatible as practicable with the existing driveway on the
same parcel and the surrounding area.
B. The project will be capable of adequately handling the residential traffic generated by the
proposed residential uses and existing residential subdivision uses in the area.
C. The project is designed to handle standard residential traffic for delivery and pick up of typical
residential items i.e. UPS Amazon,Fed Ex, refuse container etc.
D. The project's stormwater management and drainage design are adequate and meet the
requirements for development of the driveway during construction and when construction is
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(Queensbury Planning Board 04/26/2022)
completed as the soil is deep well drained sands and the proposed new pavement will be graded
to direct runoff to the infiltration trench only at the edge of the pavement. This proposed work is
located within an easement and all attempts are being made to limit disturbance as much as
possible for site plan approval.
E. Adequacy of water supply and sewage disposal facilities. The house as related to the project will
be served by Town water and on-site septic and there is adequate capacity to provide these
services.
F. The project will not interfere with existing emergency vehicle trips and will provide adequate
access to the project for emergency vehicles.
G. The project's stormwater management system, as described in paragraph d above, will eliminate
any potential ponding or flooding on paved surfaces. As noted in paragraph H. below exposed
soils will be covered to prevent erosion
H. These measures will be adequate to prevent sediment and erosion during and after construction.
I. The proposed project is in compliance with the other provisions of the Zoning Ordinance and no
other actions are required by Town Board,Planning Board or Zoning Board of Appeals.
J. No new services or facilities will need to be created due to the project.
Furthermore the project has been designed with stormwater management to prevent an increase of post-
development drainage flows as compared to predevelopment drainage flows and the design of the driveway
will minimize or avoid such impacts to the maximum extent practicable;
Furthermore the driveway area as identified in the Subdivision 4-1993 and described by deed to be a
common drive is shown on the plans where the existing driveway has portions not located in the easement
area and the proposed driveway is located in the easement area indicating the cross in areas where the
easement exists;
As required by General Municipal Law Section 239-m the site plan application was referred to the Warren
County Planning Department for its recommendation and received a the recommendation, Concur with
Local Board;
The Planning Board opened a public hearing on the Site plan application on 3/22/2022 and continued the
public hearing to 3/29/2022,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 3/29/2022;
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 17-2022 FOOTHILLS BUILDERS (TERRE MAJESTIC
HOLDINGS,LLC.);Introduced by Michael Dixon who moved for its adoption.
According to the draft resolution prepared by Staff with the following: The project will include the details
agreed to at the meeting of the Planning Board on March 29`h,2022;
1) Waivers requested granted: g. site lighting, h. signage, 1. landscaping, n traffic, o. commercial
alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s.
snow removal as the waivers requested are reasonable as the project is for the construction of a
driveway. The applicant has provided information j. stormwater,k. topography. Also noting the
application materials for the house and the driveway;
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;
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;
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e) 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.
f) 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;
g) The applicant must meet with Staff after approval and prior to issuance of Building Permit
and/or the beginning of any site work;
h) Subsequent issuance of further permits, including building permits is dependent on compliance
with this and all other conditions of this resolution;
i) 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.
j) This resolution is to be placed in its entirety on the final plans
k) The driveway is to be constructed within the easement area
Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of April2022 by the following vote:
MR. TRAVER-Any further discussion?
MR. DIXON-I would just like to make a comment that there's been a great deal of discussion on this. I
think the easement was of great concern. The Town Attorney had stepped in,and I think he made it very
clear that that is not within our purview. The engineering comments all pretty much state that the
driveway is conducive to going into that location. So I just wanted to throw those comments out there
before the vote.
MR. TRAVER-Okay. Thank you. Anything else? Okay. Maria,can you call the vote for us,please.
AYES: Mr. Longacker,Mr. Molloy,Mr. LaSarso,Mr. Dixon,Mr. Traver
NOES: NONE
ABSENT: Mr. Deeb,Mr. Magowan
MR. TRAVER-All right. You're all set. Thank you.
MR. CENTER-Thank you very much. The next application on our agenda is Brett&Pamela West. This
is for the Main House, Site Plan 51-2021.
SITE PLAN NO. 51-2021 SEQR TYPE: TYPE II. BRETT &z PAMELA WEST (MAIN HOUSE).
AGENT(S): EDP. OWNER(S): SAME AS APPLICANTS. ZONING: WR. LOCATION: 106
BAY PARKWAY. (REVISED I/1812022)APPLICANT PROPOSES TO DEMO EXISTING HOME
PLUS SHED AND CONSTRUCT A NEW HOME 2 STORY HOME WITH A 5,436 SQ. FT.
FOOTPRINT WITH A GARAGE. ALSO, INCLUDED IS INSTALLATION OF PERMEABLE
PAVERS FOR PATIO AND DRIVEWAY AREAS,A COVERED WALKWAY BETWEEN THE TWO
PROPERTIES. THE NEW FLOOR AREA WILL BE 8,670 SQ. FT. WHERE THE MAXIMUM
ALLOWED IS 8,687 SQ.FT. THE PROJECT INCLUDES SITE WORK FOR NEW LANDSCAPING
SHORELINE AND RESIDENTIAL HOUSE,SEPTIC,STORM WATER MANAGEMENT. PROJECT
INCLUDES A LOT LINE ADJUSTMENT BUT NO CHANGE TO LOT SIZE. PURSUANT TO
CHAPTER 179-3-010,179-6-065,147,SITE PLAN FOR NEW FLOOR AREA IN A CEA AND HARD
SURFACING WITHIN 50 FT. OF THE SHORELINE ARE SUBJECT TO PLANNING BOARD
REVIEW AND APPROVAL. CROSS REFERENCE: 53-2017 SEPTIC VAR.;AV 47-2007&z SP 39-
2007— BOATHOUSE; SP PZ 89-2016 &z SP PZ 210-2016 &z AV 95-2016 — ADDITION; SP 37-2009;
AV 57-2021; SP 52-2021. WARREN CO. REFERRAL: AUGUST 2021, FEBRUARY 2022
(STORMWATER DEVICE). SITE INFORMATION: APA,CEA,LGPC. LOT SIZE: 0.91 ACRE.
TAX MAP NO. 226.15-1-17. SECTION: 179-3-040;179-6-065,147.
MR. TRAVER-Craig,did you have any comments?
MR.BROWN-I don't. Are there applicants here for this?
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MR.TRAVER-There may not be. I did not see them,and I can only observe that at the last meeting where
they appeared,I think it was,was it our last meeting in March? Yes,thank you,they had,they were going
to come back last week and they said that they requested to be tabled because they wanted to address the
engineering comments which are significant and I was inquiring today,I think you and I e-mailed briefly,
as to whether or not we had received an update. As far as I know we have not. So I think it would be
likely that,in the event they were here we would probably have to table them again anyway because if we
did get updated comments we'd want to look at them obviously.
MR.BROWN-Maybe do them last,in case they show up late and want to speak?
MR. TRAVER-Yes,that's a good idea. Why don't we do that. So what we'll do is we'll move this to the
end of the agenda. Yes,thank you for that. All right. So then the next section of our agenda,we will hold
the West property until the end if need be. The next section of our agenda is Old Business. The first item
being Queensbury Square LLC. This is Site Plan 23-2022.
OLD BUSINESS:
SITE PLAN NO.23-2022 SEQR TYPE: UNLISTED. QUEENSBURY SQUARE,LLC. AGENT(S):
HUTCHINS ENGINEERING(LUCAS DOBIE). OWNER((S): SAME AS APPLICANT. ZONING:
CI. LOCATION: 909 STATE ROUTE 9 APPLICANT PROPOSES A 9,220 SQ.FT.ADDITION TO
AN EXISTING 7,000 SQ.FT.LIQUOR STORE WHERE A 5,460 SQ.FT.FOUNDATION HAS BEEN
CONSTRUCTED. THE TOTAL BUILDING WILL BE 16,220 SQ. FT. THE FACADE HAS BEEN
UPDATED TO REFLECT ON BUILDING ENTRANCE FOR THE ADDITION. THE MAIN
BUILDING IS TO REMAIN THE SAME. PROJECT INCLUDES SITE WORK FOR LIGHTING,
LANDSCAPING AND STORMWATER. PURSUANT TO CHAPTER 179-3-040, 179-9-120, SITE
PLAN FOR COMMERCIAL CONSTRUCTION IN THE COMMERCIAL INTENSIVE ZONE
SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE:
SP 76-2017,AV 78-2017, SP 1-2020,AV 1-2020,AV 13-2022. WARREN CO. REFERRAL: APRIL
2022. SITE INFORMATION: TRAVEL CORRIDOR. LOT SIZE: 1.41 ACRES. TAX MAP NO.
296.17-1-38. SECTION: 179-3-040,179-9-120.
LUCAS DOBIE,REPRESENTING APPLICANT,PRESENT, MONTY LIU,PRESENT
MR. TRAVER-Craig,do you have any updates on this?
MR.BROWN-I think you have some updated comments from,are they Laura's updated Staff Notes?
MR. TRAVER-Yes. We did receive updated Staff Notes reflecting the interaction with the ZBA. Thank
you for that.
MR.BROWN-So they received their variances last week? They can talk a little bit about that. It's just an
addition off the existing business,it's a little expansion. Big expansion.
MR. TRAVER-Thank you very much. Good evening. Welcome back.
MR.DOBIE-Thank you,Mr.Chairman. Good evening,Board. For the record,Lucas Dobie with Hutchins
Engineering,representing Queensbury Square LLC. Managing member Monty Liu is with me at the table.
We discussed the project pretty decent last week I believe, and it's basically take the foundation that's
there,extend it into the existing liquor store building to build one comprehensive business for Monty and
we received unanimous approval for our variances last week and the Site Plan Modification from our 2020
approvals,just, again, to connect the buildings, expand the parking, to review the existing parking area,
and the most significant is the new green space along Route 9,taking out the parking that's there,and from
the previous Site Plan approval we had a delivery service road if you will along the north side of the building
which is no longer proposed. So that will be green space. We do propose to keep our loading dock off of
Weeks Road as it presently is, because it's the perfect height for the delivery trucks and it matches the
floor elevation of the liquor store and it's in close proximity to the storage areas. So there was some
discussion at the Zoning Board,could you re-locate that to the south side, and we just don't see how that
would work with the internal flow of the building and the elevation differentials from the parking. So
we're very comfortable with the plan and the lighting is pretty much in conformance with what was
previously approved, other than the connector road towards the Wal-Mart parking. We just flopped
them on the other side of the road,the two fixtures and we added one more at Route 9 just to illuminate
that area a little better. With that,we're hereto ask for your approval. We'd like to get the project going
and we'd be happy to answer any questions the Board may have. So thank you for having us tonight.
MR.TRAVER-Well,thank you for that update. In your discussions with the ZBA,were there any changes
to the plan other than what we looked at as a Board?
MR. DOBIE-No,there were none,Mr. Chairman.
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MR. TRAVER-Any questions, comments from members of the Board? We do have a public hearing on
this application. Is there anyone in the audience that wanted to address the Planning Board on the
Queensbury Square LLC application? I'm not seeing any takers. Do you know if there are any written
comments?
PUBLIC HEARING OPENED
MR.BROWN-I don't,but I'll look. I have a question in the meantime,if you don't mind.
MR.BROWN-Sure. Did you guys talk to the Highway Department about the grading in the right of way,
in this area right here on the plan?
MR. DOBIE-We have not. No,sir.
MR.BROWN Just trying to avoid that issue when you guys start and the Highway Department asks that
question.
MR.DOBIE-Okay. We could certainly reach out to them. Because that's a really wide right of way there.
So it's kind of deceiving that.
MR. TRAVER-Yes, I see the dotted line there. It looks like it's in that. Hopefully the beautification in
that area will be pleasing to them and not cause a problem.
MR.BROWN-But my only concern is it looks like it's a bit of a slope down this stormwater drainage area.
You've got this bank nearing the edge of the road.
MR. TRAVER-Those are,what,10 foot contour intervals?
MR.BROWN-No,I think they're one's.
MR. TRAVER-One's. Okay.
MR. DOBIE-They are one foot contours.
MR. TRAVER-That makes it look a little denser.
MR.BROWN-I do not see any additional public comment.
MR. TRAVER-Okay. Thank you. Then we'll go ahead and close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-Any other comments or discussions from the Board? We do have,under a SEQR. We do
have a SEQR resolution. This is an Unlisted action. Does anyone have any environmental impact concerns
from the application materials that one should consider? Any concerns with SEQR? Okay. Then we have
a SEQR resolution I believe.
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP#23-2022 QUEENSBURY SQUARE LLC
The applicant proposes a 9,220 sq.ft. addition to an existing 7,000 sq.ft.liquor store where a 5,460 sq.ft.
foundation has been constructed. The total building will be 16,220 sq. ft. The facade has been updated to
reflect one building entrance for the addition. The main building is to remain the same. Project includes
site work for lighting,landscaping and stormwater.Pursuant to chapter 179-3-040,179-9-120,site plan for
commercial construction in the Commercial Intensive zone shall be subject to Planning Board review and
approval.
The Planning Board has determined that the proposed project and Planning Board action is subject to
review under the State Environmental Quality Review Act;
The proposed action considered by this Board is Unlisted in the Department of Environmental
Conservation Regulations implementing the State Environmental Quality Review Act and the regulations
of the Town of Queensbury;
No Federal or other agencies are involved;
Part 1 of the Short EAF has been completed by the applicant;
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Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury
Planning Board as lead agency that this project will result in no significant adverse impacts on the
environment,and,therefore, an environmental impact statement need not be prepared. Accordingly,this
negative declaration is issued.
MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 23-2022 QUEENSBURY
SQUARE,LLC.Introduced by Michael Dixon who moved for its adoption.
As per the resolution prepared by staff.
1. Part II of the Short EAF has been reviewed and completed by the Planning Board.
2. Part III of the Short EAF is not necessary because the Planning Board did not identify potentially
moderate to large impacts.
Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of April2022 by the following vote:
AYES: Mr. Molloy,Mr. LaSarso, Mr. Dixon,Mr. Longacker,Mr. Traver
NOES: NONE
ABSENT: Mr. Deeb,Mr. Magowan
MR. TRAVER-Next we consider a Site Plan approval.
RESOLUTION APPROVING SP#23-2022 QUEENSBURY SQUARE LLC
The applicant has submitted an application to the Planning Board: Applicant proposes a 9,220 sq. ft.
addition to an existing 7,000 sq.ft.liquor store where a 5,460 sq.ft.foundation has been constructed. The
total building will be 16,220 sq. ft. The facade has been updated to reflect one building entrance for the
addition. The main building is to remain the same.Project includes site work for lighting,landscaping and
stormwater. Pursuant to chapter 179-3-040, 179-9-120, site plan for commercial construction in the
Commercial Intensive zone shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to the Warren
County Planning Department for its recommendation;
The Planning Board has reviewed the potential environmental impacts of the project,pursuant to the State
Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration
Determination of Non-Significance;
The Planning Board made a recommendation to the Zoning Board of Appeals on 4/19/2022-1 the ZBA
approved the variance requests on 4/20/2022-1
The Planning Board opened a public hearing on the Site plan application on 4/26/2022 and continued the
public hearing to 4/26/2022,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 4/26/2022;
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 23-2022 QUEENSBURY SQUARE,LLC;Introduced by Michael
Dixon who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted: o. commercial alterations/ construction details, q. soil logs, r.
construction/demolition disposal s. snow removal as the waivers requested are reasonable as the
project is for fill-in to areas under construction and already constructed liquor store,the applicant
has provided information for g. site lighting, h. signage, j. stormwater, k. topography, 1.
landscaping,n traffic 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;
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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
Motion seconded by John Molloy. Duly adopted this 26`h day of April2022 by the following vote:
AYES: Mr. LaSarso, Mr. Dixon,Mr. Longacker, Mr. Molloy,Mr. Traver
NOES: NONE
ABSENT: Mr. Deeb,Mr. Magowan
MR. TRAVER-You're all set. Good luck.
MR. DOBIE-Thank you very much for your time,Board.
MR. TRAVER-The next section of our agenda is New Business, and the first item under New Business is
Great Escape Theme Park,LLC. This is Site Plan 22-2022.
NEW BUSINESS:
SITE PLAN NO. 22-2022 SEQR TYPE: TYPE II. GREAT ESCAPE THEME PARK, LLC.
AGENT(S): JARRETT ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING: LC-
42A. LOCATION: 1172 STATE ROUTE 9. APPLICANT PROPOSES TO INSTALL A 3,381 SQ.
FT. GRAVEL AREA FOR PLACEMENT OF 8 STORAGE CONTAINERS FOR A TOTAL OF 2,560
SQ.FT. THE PROJECT WOULD INCLUDE A STOCKADE FENCE MATCHING THE EXISTING
FENCE ALREADY IN PLACE. THE PLACEMENT IS IN THE AREA OF THE DEMOLISHED
GHOST TOWN TRAIN TUNNEL. PURSUANT TO CHAPTER 179-3-040, 179-9-020,
DEVELOPMENT OF A NEW STORAGE AREA SHALL BE SUBJECT TO PLANNING BOARD
REVIEW AND APPROVAL. CROSS REFERENCE: SP 5-2017,SP 15-2018,SP 28-2017,SP 3-2019,
SP 54-2019, SP 67-2019, SP 3-2020, SP 3-2022, FWW 1-2022, AV 6-2022. WARREN CO.
REFERRAL: APRIL 2022. SITE INFORMATION: TRAVEL CORRIDOR. LOT SIZE: 237.64
ACRES. TAX MAP NO.288.20-1-20. SECTION: 179-3-040,179-9-020.
BOB HOLMES, REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Craig,do you have anything you wanted to report on that?
MR.BROWN-I have nothing on this one.
9
(Queensbury Planning Board 04/26/2022)
MR. TRAVER-Okay. Good evening.
MR.HOLMES-Good evening. Bob Holmes with Jarrett Engineers and Duncan Millard with Great Escape.
Obviously we're here. We're looking to get the Site Plan approval for the construction or placement of
some storage containers on the property to facilitate a greater storage for parks and ride pieces,things of
that nature. I'm willing to entertain questions,or what more do you wish at this point? It's really pretty
simple.
MR. TRAVER-Yes.
MR. HOLMES-We're just in the area at the top of the hill behind the Northland Sports Outfitters, at the
north end of the parking lot.
MR. TRAVER-Isn't this like the tunnel area for the old Ghost Town?
MR. HOLMES-Yes. This the old Ghost Town tunnel has been removed. We received a demo permit
back,I think around the first of the year it was. That work has taken place and we're now looking to put
the storage back in its place.
MR. TRAVER-I think Ghost Town was the last time I ever fired a cap gun. Okay. Well this does seem
fairly straightforward. You did receive engineering comments as well. There was some mention of a little
bit of concern about erosion and sediment controls,although it appears also in the report that the changes
are not significant and it appears to be in harmony with Park practices.
MR.HOLMES-Correct.
MR. TRAVER-It doesn't appear that there should be much of an issue getting a signoff,but you are aware
that you do need engineering approval?
MR.HOLMES-Yes. We did receive the comments from Staff,from LaBella. To me they're pretty simple,
straightforward. There was one,Comment Three,as you mentioned,they talk about erosion and sediment
control. We're just going to put an additional section of erosion and sediment control along the north side
of the proj ect. That was probably an oversight on our part,but just real quick,to follow upon it. It is less
than one acre disturbance. So we are not jurisdictional to a SPDES permit for construction. We are
reducing the overall impervious cover within our project area by about nine percent as LaBella had pointed
out. And then we are making no changes to any of the current drainage courses there. So we really,that's
why we did not provide any full documentation or calculations for the stormwater design because we are
reducing impervious cover. We're not going to be changing any drainage courses.
MR. TRAVER-Well I think he's going to be aware of that,and as long as you get,you know,converse and
get a signoff,you should be in good shape.
MR.HOLMES-Yes.
MR. TRAVER-There is a public comment period for this application as well. Is there anyone in the
audience that wanted to address the Planning Board on the application for the Great Escape Theme Park?
I'm not seeing any takers. Do you know if there are any written comments?
PUBLIC HEARING OPENED
MR.BROWN-I do not believe there are any. I'm not finding any.
MR. TRAVER-All right. Thank you. All right. We'll go ahead and close the public hearing,then.
PUBLIC HEARING CLOSED
MR. TRAVER-Any other questions or comments for the applicant from members of the Board?
MR. DIXON-I'm just sad to see some of the old Story Town going away.
MR.HOLMES-Well,for the old tunnel it was time. It was time.
MR. TRAVER-All right. Then I guess we're ready to entertain that motion.
RESOLUTION APPROVING SP#22-2022 GREAT ESCAPE THEME PARK,LLC
The applicant has submitted an application to the Planning Board:Applicant proposes to install a 3,3S1 sq.
ft. gravel area for placement of S storage containers for a total of 2,560 sq. ft. The project would include a
stockade fence matching the existing fence already in place. The placement is in the area of the demolished
10
(Queensbury Planning Board 04/26/2022)
ghost town train tunnel.Pursuant to chapter 179-3-040,179-9-020,development of anew storage area shall
be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, 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 4/26/2022 and continued the
public hearing to 4/26/2022,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 4/26/2022;
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 22-2022 GREAT ESCAPE THEME PARK,LLC;Introduced by
Michael Dixon 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,j.stormwater,k.topography,1.landscaping,
n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r.
construction/demolition disposal s. snow removal as the waivers requested are reasonable as the
project is specific to a storage building units in an area that was previously disturbed;
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
Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of April2022 by the following vote:
AYES: Mr. Dixon, Mr. Longacker,Mr. Molloy,Mr. LaSarso, Mr. Traver
NOES: NONE
11
(Queensbury Planning Board 04/26/2022)
ABSENT: Mr. Deeb,Mr. Magowan
MR. TRAVER-You're all set.
MR.HOLMES-Okay. Thank you.
MR. TRAVER-The next section of our agenda is New Business, Unapproved Development. This is
Nicholas&Kerry Giumarra.
SITE PLAN NO. 20-2022 SEQR TYPE: TYPE II. NICHOLAS &z KERRY GIUMARRA.
OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 373 BIG BOOM ROAD.
APPLICANT AS DEVELOPED A PATHWAY OF APPROXIMATELY 650 FT. ON A 5.34 ACRE
PARCEL THAT IS CURRENTLY VACANT. PROJECT FOR LAND DISTURBANCE WITHOUT
REVIEW,TREE/VEGETATION REMOVAL WITHIN A WETLAND. PURSUANT TO CHAPTER
179-9-020, 179-6-050, CHAPTER 94 OF THE ZONING ORDINANCE, LAND DISTURBANCE,
WETLANDS CUTTING AND CHAPTER 94 WETLANDS WORK WITHIN 100 FT. OF
SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS
REFERENCE: SUB 4-2019. WARREN CO.REFERRAL: APRIL 2022. LOT SIZE: 5.34 ACRES.
TAX MAP NO. 316.14-1-11. SECTION: 179-9-020,179-6-050,CHAPTER 94.
NICHOLAS GIUMARRA,PRESENT
MR. TRAVER-Good evening. Tell us about your project.
MR. GIUMARRA-My wife and I purchased one of the lots off of Big Boom Road, 373 I believe. It's 5.34
acres. It's approved for a single family residential home,mid-way through the property and we would like
to add a foot path,maybe a recreational vehicle path,that from the water,it's somewhere around 650,700
feet. Currently there is, the developer left three of the owners with a shared easement that crosses back
and forth between the properties and it seems like not a very good solution for that. So we're hoping to
create our own path. So I've been working since I was informed I should not be working on that yet. I've
been working with the DEC and their engineers to get the approvals from them to go through this. I have
gotten them. So now I'm coming to you to ask approval from the Town of Queensbury.
MR. TRAVER-Okay. Well,we do appreciate,even if it's after the fact,you obtaining the help of the DEC
and the Army Corps on this. There's more and more concern about protecting the environment, as you
know,and one of the valuable things we have in Queensbury is the wetlands environments,and that's what
raised our eyebrows when we saw this development happening right through the middle of the wetlands.
And I do see in your information you did provide us with some, I guess you would say supporting
information, as far as the, again, reaching out for additional support. I note that the County Planning
states that there should be some re-planting and seeding of the areas in order to stabilize soils and reduce
erosion towards the river.
MR. GIUMARRA-I'm really only disturbing what I'm going to be covering with gravel.
MR. TRAVER-Right. Understood.
MR. GIUMARRA-Other,where I disturbed wetlands,one section,where I put the bridging over,that will
be cleared of fill and re-seeded.
MR. TRAVER-Right. They're recommending, it makes sense to me, that you reach out to the Warren
County Soil and Water Conservation Service and what they will do, and I did this myself as a landowner.
I own property in Queensbury. You get someone who's called a cooperator and they will come,at no cost
to you,and walk your property with you and give you information,well in this case it would be about how
to preserve that walkway without incurring any damage on the surrounding wetlands. So it's just an
additional step. It doesn't cost anything. It's just a matter of reaching out to them and that is something
that the County Planning Board, when they looked at your application, was quite concerned that we
encourage you to do. Other questions,comments from members of the Board?
MR. LA SARSO-I would just disclose that Mr. Giumarra was my teacher in ninth grade. I don't think it's
really going to influence anything,but I'm just going to disclose that for the record.
MR. TRAVER-So what subject?
MR. GIUMARRA-1 teach high school technology.
MR. TRAVER-Okay. Well Mr. LaSarso has acknowledged a potential conflict of interest and I take it
from your comment that you do not feel that it would prevent you from voting.
MR. LA SARSO-No,I do not.
12
(Queensbury Planning Board 04/26/2022)
MR. TRAVER-Okay. Thank you.
MR. DIXON-Mr. Chairman,I will also disclose that I have one child out of school and one in school, and
I'm sure Mr. Giumarra sees a lot of children. No conflict here,but there's a disclosure there.
MR.TRAVER-All right. Well we do have a public comment on this application. Is there anyone here that
would like to address the Planning Board on the issue of Nicholas and Kerry Giumarra, Site Plan 20-2022
and Freshwater Wetlands Permit 3-2022? I'm not seeing any takers. Do you know if there are any written
comments?
PUBLIC HEARING OPENED
MR.BROWN-No written comments.
MR. TRAVER-No written comments. Thank you. All right. Then we'll go ahead and close the public
hearing on this application.
PUBLIC HEARING CLOSED
MR. DIXON-Mr. Chairman, I would like to ask a question. So in the application you've put down you
would like to excavate a six foot wide by eighteen foot long slope at the shore to gain access.
MR.GIUMARRA-That must have been left in from a previous permit that got denied me. Laura dissuaded
me from that path. We're going to try to do something different at the shore. I tried feverishly to take
any mention of those things out.
MR. TRAVER-And that is not in your current depicted plan.
MR. GIUMARRA-That is not in the current depicted plan.
MR. TRAVER-Okay.
MR. DIXON-All right. Yes,there was that discrepancy because it was talking about a 16 foot drop off.
MR. GIUMARRA-And using that 50 foot wide, or the third clearance, slope down to the river and down
to the bank,trying to figure out a way to access it.
MR.DIXON-And as you progress,especially on that piece of property,because when this did come in front
of the Board last year or the year before we discussed at great length the property so there's a great deal of
wetlands through that section and there were potentially some archeological areas that were identified,
too. So you should be aware of where all of those are.
MR. GIUMARRA-I don't have any of those on my property.
MR. DIXON-Okay.
MR. GIUMARRA Just wetlands.
MR. DIXON-You're probably seeing them right now.
MR. TRAVER-All right. Anything else?
MR. LONGACKER=Some place in the application,too,I see Army Corps language is a little bit confusing.
I see 15 inch culverts being used, a three and a half foot culvert being used and a 24 inch diameter culvert
being used, and the detail's for 24 inch. It looks like the Army Corps has wetlands crossing two 16 feet
long and it says by two wide. I'm assuming that means two foot wide.
MR. GIUMARRA-Two feet.
MR. LONGACKER-And the other one is in Crossing A,which is 32 foot long by S foot wide wetland path
with two 3 and a half inch HTPE. I'm assuming that is a three and a half foot diameter culvert? Or should
that be something else?
MR. GIUMARRA-No, that's something else. So that three and a half inches, a small amount of upland
wetlands to allow that.
MR. LONGACKER-Gotcha. Thanks.
13
(Queensbury Planning Board 04/26/2022)
MR.BROWN-So just for clarification we may want to,before the final plans come in,have,just make sure
that this plan that's on the screen right now matches the language that Mr. Longacker just referred to
about that Army Corps. Because these all call for a 15 inch diameter culvert.
MR. GIUMARRA-So that's what I originally put in there, and then in talking with the Army Corps they
said how about. I don't see why not.
MR. BROWN-So if they've upped them or downed them, if you could just revise this to match, then
everything will be together.
MR. GIUMARRA-Okay.
MR. TRAVER-Okay. Anything else? Okay. I guess we're ready to entertain that motion,then.
RESOLUTION APPROVING SP#20-2022 FWW 3-2022 NICHOLAS&r KERRY GIUMARRA
The applicant has submitted an application to the Planning Board:Applicant has developed a pathway of
approximately 650 ft. on a 5.34 acre parcel that is currently vacant. Project for land disturbance without
review,tree/vegetation removal within a wetland. Pursuant to Chapter 179-9-020,179-6-050 and chapter
94 of the Zoning Ordinance, land disturbance, wetlands cutting and Chapter 94 wetlands work within
100 ft.of shoreline shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, 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 4/26/2022 and continued the
public hearing to 4/26/2022,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 4/26/2022;
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 20-2022&z FRESHWATER WETLANDS 3-2022 NICHOLAS
&z KERRY GIUMARRA;Introduced by Michael Dixon 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,j.stormwater,k.topography,1.landscaping,
n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r.
construction/demolition disposal s. snow removal, as the waivers requested are reasonable as the
project is specific to the development of a residential recreational path through wetlands and
shoreline work for access to the shoreline;
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:
14
(Queensbury Planning Board 04/26/2022)
i. The approved final plans that have been stamped by the Town Zoning
Administrator. These plans must include the project SWPPP (Storm Water
Pollution Prevention Plan)when such a plan was prepared and approved;
ii. The project NOI and proof of coverage under the current NYSDEC SPDES General
Permit,or an individual SPDES permit issued for the project if required.
g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building and
Codes personnel;
h) The applicant must meet with Staff after approval and prior to issuance of Building Permit
and/or the beginning of any site work;
i) Subsequent issuance of further permits, including building permits is dependent on compliance
with this and all other conditions of this resolution;
j) As-built plans to certify that the site plan is developed according to the approved plans to be
provided prior to issuance of the certificate of occupancy.
k) This resolution is to be placed in its entirety on the final plans
1) That final plans submitted shall match the Army Corps of Engineers comments.
Motion seconded by Warren Longacker. Duly adopted this 26`h day of April2022 by the following vote:
AYES: Mr. Longacker,Mr. Molloy,Mr. LaSarso,Mr. Dixon,Mr. Traver
NOES: NONE
ABSENT: Mr. Deeb,Mr. Magowan
MR. TRAVER-You're all set.
MR. GIUMARRA-Thank you.
MR. TRAVER-The next item is a Discussion Item, Craig. So maybe we should deal with the West. It's
been quite a while.
MR.BROWN-Yes.
SITE PLAN NO.51-2021 BRETT&z PAMELA WEST(CONT'D)
MR. TRAVER-And we know that the engineering apparently is not complete. So what would you say,
one month maybe? Just put them on next month?
MR. BROWN-Yes, kind of a control date, and if they're ready by then, that's great. If not, table them
further.
MR.TRAVE R-Right. Okay. Then,let's see,I heard a rumor from Laura that we might have three meetings
next month.
MR.BROWN-Yes,next month is,I think in your calendar at the beginning of the year we put three dates
in in May for you.
MR. TRAVE R-Right. We did that for a few months for the growing season.
MR.BROWN-Especially because May is Grievance month and that messes with one of your dates.
MR. TRAVER-Yes.
MR. BROWN-So if you pick the first meeting or the second meeting without being specific to a number,
we'll make it work. I think the first meeting is a Tuesday. The second meeting is a Thursday.
MR. TRAVER-Yes. The first meeting is the 17`h. The second meeting is the 19`h. Do you think that date
may change?
MR.BROWN-I don't think it'll change. So you can go with that if you want to.
MR. TRAVER-Okay. Yes,we usually do a specific date.
MR.BROWN-Okay.
MR. TRAVER-Let's do the second one. The first one is usually busy.
MR. DIXON-So the 19`h
15
(Queensbury Planning Board 04/26/2022)
MR. TRAVER-So that would be May 19`h Right. So that would just be a tabling motion.
RESOLUTION TABLING SP#51-2021 BRETT&PAMELA WEST
Applicant proposes to demo existing home plus shed and construct a new 2 story home with a 5,436 sq.ft.
footprint with a garage. Also,included is installation of permeable pavers for patio and driveway areas, a
covered walkway between the two properties. The new floor area will be 5,670 sq.ft.where the maximum
allowed is S,6S7 sq.ft. The project includes site work for newlandscaping shoreline and residential house,
septic,stormwater management.Project includes a lot line adjustment but no change to lot size.Pursuant
to chapter 179-3-040,179-6-065,147,site plan for new floor area in a CEA and hard surfacing within 50 ft.
of the shoreline are subject to Planning Board review and approval.
MOTION TO TABLE SITE PLAN 51-2021 BRETT&z PAMELA WEST(MAIN HOUSE). Introduced
by Michael Dixon who moved for its adoption,seconded by Jackson LaSarso.
Tabled until the May 19,2022 Planning Board meeting.
Duly adopted this 26`h day of April 2022 by the following vote:
AYES: Mr. Dixon, Mr. Longacker,Mr. Molloy,Mr. LaSarso, Mr. Traver
NOES: NONE
ABSENT: Mr. Deeb,Mr. Magowan
MR. TRAVER-Now we move to a section of our agenda which we call Discussion Items. We have Faden
Enterprises. This is Discussion Item 1-2022.
DISCUSSION ITEM:
DISCUSSION 1-2022 SEQR TYPE: TYPE IL FADEN ENTERPRISES. AGENT(S): LANSING
ENGINEERING. OWNER(S): SARATOGA PRIME PROPERTIES, LLC. ZONING: CI.
LOCATION: 1471 STATE ROUTE 9. APPLICANT PROPOSES A MIXED USE SITE PLAN
CONSISTING OF TWO BUILDINGS. ONE MIXED USE BUILDING WITH A FOOTPRINT OF
8,950 SQ. FT. THAT WILL CONSIST OF A 2,000 SQ. FT. DRIVE THRU RESTAURANT,A 2,500
SQ.FT. INDOOR RESTAURANT,AND 4,450 SQ.FT. RETAIL SPACE. THE SECOND BUILDING
WOULD BE A 3,422 SQ.FT.OUTDOOR SELF-STORAGE STRUCTURE CONTAINING 24 UNITS.
PURSUANT TO CHAPTER 179-9-040,A DISCUSSION WITH THE PLANNING BOARD MAY BE
REQUESTED BY THE APPLICANT. CROSS REFERENCE: SP 43-2002,SP 34-2004,SP 8-2006,
SP 52-2011,SP 59-2014,SP 45-2015. WARREN CO. REFERRAL: N/A FOR DISCUSSION. LOT
SIZE: 199 ACRES. TAX MAP NO.288.-1-58. SECTION: 179-9-040.
PAUL LUBERA,REPRESENTING APPLICANT,PRESENT; RUSS FADEN,PRESENT
MR. TRAVER-Craig,did you have a summary for this? Just Staff Notes?
MR.BROWN-Not much more. Yes,just Staff Notes. He's got some things that will explain.
MR. TRAVER-Sure. All right. Thank you. Good evening.
MR. LUBERA-Good evening. My name is Paul Lubera from Lansing Engineering. I'm representing Russ
Faden,Faden Enterprises. Our project sits at 1471 State Route 9. It's Tax Map No.2SS.-1-55.. The current
zoning is Commercial Intensive. There's currently a 3700 square foot commercial building on site that
will be removed as part of this project. The surrounding uses are all commercial with the Northway
backing up to the back of it. We propose a one building,5,950 square foot building to include a restaurant,
a fast food restaurant, and retail space, along with a smaller building out back of 3,422 square feet for self
storage units. We're going to modify the existing curb cuts to meet DOT. We'll have to work with DOT
to facilitate that. There are small impacts expected,but not more than a tenth of an acre. We're currently
getting delineation for that now.
MR. TRAVER-Impacts in terms of encroachment?
MR.LUBERA-Small,yes. We're here tonight to address your comments and describe further engineering
design.
MR. TRAVER-Okay. So this is mixed use. One is a drive thru restaurant. There may be another fast
food restaurant coming into that neighborhood as well.
MR. LUBERA-Possibly.
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MR. TRAVER-So the wetland area is in the back?
MR. LUBERA-Right around the back,possibly on the side there. Like I said,we have a wetland scientist
out there delineating it. Once we have that delineation we will know the impacts,but we anticipate they'll
be minor.
MR.TRAVER-Okay,and I note that you did send us some updated information today. To be honest,I did
not have much of an opportunity to look at that, but this seems fairly straightforward to me. There's
certainly more development in that area. I guess I'd open it up for questions, comments from the Board.
He's looking for feedback.
MR. MOLLOY-You said self storage units. So I assume that's the storage lockers.
MR. FADEN-Correct.
MR. MOLLOY-And the fast food joint. The last one you said was retail space.
MR. LUBERA-Yes. The fast food will have a drive thru on the Subway side there.
MR. MOLLOY-Thank you.
MR. DIXON-1 know that the storage units,we've had several applicants in front of us, and we're usually
really honing in on what the design looks like. So be prepared to answer those questions. We're looking
for something that will fit in with the community,not just square boxes and metal siding.
MR. TRAVER-Yes,they do tend to be a bit ugly. So anything that can be done to pretty them up would
be appreciated.
MR. DIXON-And I can only assume, I can't really tell on this, but I would imagine all sidewalks will
remain. We'll be looking at plantings.
MR. LUBERA-We did submit a rendering.
MR. FADEN-Mostly the self storage you won't even be able to see from the main road.
MR. LONGACKER-I just had a question on that,too. You said the wetlands before. Are the wetlands in
the back of the property? Because it looks like on the rendering here it looks like you put trees.
MR. LUBERA-It's covered with trees right now,possibly there are going to be trees,yes.
MR.LONGACKER-Okay. Maybe push it back further. Ii know it would be more pavement,but it would
be something for you to consider,just push it back. I don't know if it would fit the building envelope or
not. If there's a possibility to just push it back further.
MR.DIXON-And I think the permeability,so when we look at what appears to be all blacktop there,that'll
be one thing that'll just kind of jump off the page that there may be the need for additional green space in
there if you can.
MR. LUBERA-We currently meet the required green space.
MR. DIXON-Okay.
MR. LUBERA-Stormwater will be managed on the site. It is a re-development. Like I said there's an
existing building there and pavement.
MR.DIXON-And I guess when I read through the notes,I must have missed it. Is it going to be a complete
teardown?
MR. LUBERA-Of the existing building? Yes.
MR. DIXON-Okay. I didn't have really any other questions.
MR. TRAVER-I didn't really at this stage. Did you have any specific questions for us?
MR. LUBERA-No. We were just looking for feedback before we got preliminary engineering. That way
we're all on the same page an everybody's in agreement that it's a good project and we want to move
forward with it.
MR. TRAVER-Yes.
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MR. FADEN-We should have some renderings probably at the next meeting to go with it.
MR. TRAVER-Okay.
MR. DIXON-It is a busy corridor and obviously that's probably why you're looking there. There's peak
traffic patterns. I can't foresee that being an issue with the drive thru.
MR. LONGACKER Just maybe any cars coming into the other shared entrance there at the building next
to it. Just keep that in mind.
MR.BROWN-Chairman,so procedurally from the approval side,I think somebody touched on this at the
beginning,this is a mixed use, a multi-use property. One of the uses,the self-storage use,is a Special Use
Permit use under the Zoning Code. So it's a little bit different animal. We looked at the performance
criteria you have for self-storage facilities that all self-storage facility components need to be screened with
some sort of fencing from areas that are visible from the right of way. So keep that in mind. It says must
have fencing. I think there's probably some flexibility to have some screening. Maybe it's landscaping
that does that,maybe it's the physical orientation of where the building is,far enough back from the road,
maybe that works,but just keep in mind what we review this from the building permit side,that's really
the only thing that's different than just a regular site plan application.
MR. TRAVER-Yes,thank you. That's very helpful.
MR. TRAVER-So in addition to your self-storage,in addition to being pretty,these need to be screened.
MR. LUBERA-I believe between the plantings and the building,it will good.
MR. TRAVER-Okay. Well those are the kind of details that we work out, you know, generally in site
plan, but as Craig points out,just to eligible for that Special Use Permit that will be required for this
property,you do have to meet the criteria to be eligible.
MR. BROWN-And the last question I had, did you guys talk to Water and Sewer? Is this property
connected to the sewer?
MR. LUBERA-Yes. It will be public water,public sewer.
MR.BROWN-Okay. I'm just trying to carry the water for them,make sure it's going to get connected.
MR. TRAVER-One of the things I want to suggest, and I know Mr. Faden knows from previous projects,
maintain a high level of communication with the Planning Office during this whole process. That will
help you not waste any time before you provide all the information that they and in turn we need to look
at your project as it goes along. It's really,really important. You'll find it extremely helpful.
MR. TRAVER-Anything else?
MR. DIXON-just make sure you have your lighting plan ready to submit as well. I know we had an item
that came up that the incorrect lighting was placed on one of the buildings and we just want to make sure
that gets taken care of.
MR.MOLLOY-It looks like we have two entrances. Did I hear somebody say,correct me if I'm wrong,did
I hear somebody say one of them is shared with the business next door?
MR. LUBERA-Yes,the northern entrance.
MR.MOLLOY-Okay. The only thing I'd say is that previously we've had very,very long discussions with
maybe neighboring businesses aren't wholly in agreement with how it's being used. So I would just
communicate well with them as well so that you guys don't have a busy public comment session.
MR. LUBERA-Will do.
MR. TRAVER-Anything else?
MR. MOLLOY-That's all I had.
MR. LA SARSO-I would just say it looks like a great project you guys are doing and I'm glad to see
something being done with that site.
MR. TRAVER-Very good. Any last questions for us?
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(Queensbury Planning Board 04/26/2022)
MR. LUBERA-No,I guess we're all set. We appreciate your time.
MR. TRAVER-It sounds like you're in the lane. So it's just a matter of going through the motions and
getting the information that we all need to look at your application. We will see you soon.
MR. LUBERA-Thank you.
MR. TRAVER-Thank you. Is there any other business before the Board this evening? I guess not. If
there's nothing further,Craig,did you have anything further for us tonight?
MR.BROWN-I do not.
MR. TRAVER-Okay. In that case,we'll entertain a motion to adjourn.
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF APRIL 26Tx
2022,Introduced by Stephen Traver who moved for its adoption,seconded by Michael Dixon:
Duly adopted this 26`h day of April,2022,by the following vote:
AYES: Mr. Dixon, Mr. Molloy, Mr. Longacker,Mr. LaSarso, Mr. Traver
NOES: NONE
ABSENT: Mr. Deeb,Mr. Magowan
MR. TRAVER-We stand adjourned. Thank you,everybody. See you next month.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Stephen Traver,Chairman
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