07-26-2022 (Queensbury Planning Board 07/26/2022)
QUEENSBURYPLANNINGBOARD MEETING
SECOND REGULAR MEETING
JULY26Tr,2022
INDEX
Site Plan No.16-2019 Alex&Michelle Wilcox 1.
REQUEST 1 YR. EXTENSION Tax Map No.27S.20-1-3
Site Plan No.26-2022 Eric Carlson 2.
Freshwater Wetlands 5-2022 Tax Map No.239.12-2-S4
Site Plan No.51-2021 Brett&Pamela West 3.
Freshwater Wetlands 10-2022 Tax Map No.226.15-1-17
Site Plan No.29-2022 Reds LG,LLC 3.
Tax Map No.239.17-1-15
Site Plan No.45-2022 Christopher Detmer 4.
Freshwater Wetlands 9-2022 Tax Map No.296.11-1-9
Site Plan No.47-2022 Harley Griffiths 10.
Tax Map No.226.12-1-S6
Subdivision No. 6-2022 Frank Parillo 12.
PRELIMINARY STAGE Tax Map No. 309.13-2-2
Subdivision No.7-2022
FINAL STAGE
Subdivision No. S-2022 Frank Parillo 15.
PRELIMINARY STAGE Tax Map No.296.13-1-23
Subdivision No. 9-2022
FINAL STAGE
Site Plan No.44-2022 543 Queensbury Ave,LLC 19.
Tax Map No.297.E-1-26
Site Plan No.43-2022 Queensbury Taxicab&Limousine Services,LLC 22.
Tax Map No. 303.20-1-5,303.20-1-4
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 07/26/2022)
QUEENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
JULY 26TK,2022
7.00 P.M.
MEMBERS PRESENT
STEPHEN TRAVER,CHAIRMAN
DAVID DEEB,VICE CHAIRMAN
MICHAEL DIXON,SECRETARY
BRAD MAGOWAN
WARREN LONGACKER
BRADY STARK
JACKSON LA SARSO
LAND USE PLANNER-LAURA MOORE
STENOGRAPHER-MARIA GAGLIARDI
MR. TRAVER-Good evening, ladies and gentlemen. Welcome to the Town of Queensbury Planning
Board meeting for Tuesday,July 26`h. This is our second meeting for July and our 16`h meeting thus far for
2022. Please observe the illuminated exit signs. In the event that we have an emergency, those are the
emergency exits. If you have a cell phone or other electronic device if you would either turn it off or turn
the ringer off so as not to interrupt our proceedings, we'd appreciate that. If during the meeting, aside
from public hearing,if you want to have a conversation amongst yourselves,we'd appreciate it if you would
move to the outer room for that conversation so as not to, again,to interrupt our meetings, and with that
we have a few administrative items and some tabling items that we will announce. The first is an
administrative item for Site Plan 16-2019 for Alex and Michelle Wilcox.
ADMINISTRATIVE ITEM:
SITE PLAN 16-2019 ALEX&z MICHELLE VVILCOX REQUEST FOR A ONE YEAR EXTENSION
MR. TRAVER-This is a request for a one year extension. Laura?
MRS. MOORE-This is addressed to the Zoning Administrator. "We are reaching out to you in regards to
seeking an extension for our approved area variance and site plan. We were planning on breaking ground
on our project this summer of 2022. We have been working hard getting all of the subcontractors lined
up to work on our project but have gotten the same answer from most of them. They are all booked for
this year. Also we are still seeing large supply chain issues with getting building materials. We are looking
to break ground in the spring/summer of 2023. Thank you,Alex Wilcox"
MR. TRAVER-Okay. So they're asking for a one year extension. Any questions or comments on that?
Any members have any issues with that request?
MRS. MOORE-The applicant is in the audience if you do have additional questions.
MR. TRAVER-Okay. I guess we have a draft resolution.
RESOLUTION GRANTING A ONE YEAR EXTENSION SP#16-2019 ALEX&r MICHELLE WILCOX
Project site plan 16-2019: Applicant proposed construction of a 2,616 sq. ft. single family home with
associated site work. The house to be constructed is located within 50 ft.of 150/o slopes. The site includes
grading,lot clearing for house,septic and well.
The Planning Board approved site plan 16-2019 on August 20,2019.
A one year extension was granted on July 21,2020.
A one year extension was granted on August 17,2021.
Applicant requests an additional one year extension to August 2023 due to supply chain issues and
decreased contractor availability caused by COVID.
MOTION TO APPROVE A ONE YEAR EXTENSION FOR SITE PLAN 16-2022 ALEX&z MICHELLE
\"LCOX. Introduced by Michael Dixon who moved for its adoption,seconded by Jackson LaSarso.
Duly adopted this 26`h day of July 2022 by the following vote:
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AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Magowan,Mr. LaSarso,Mr. Traver
NOES: NONE
ABSENT: Mr. Stark
MR.TRAVER-Let's see. We have some tabled items,the first being Eric Carlson,this is Site Plan 26-2022
and Freshwater Wetlands 5-2022.
TABLED ITEMS:
SITE PLAN NO. 26-2022 FRESHWATER WETLANDS 5-2022 SEQR TYPE: TYPE II. ERIC
CARLSON. AGENT(S): EDP (CHRIS KEIL). OWNER(S): SAME AS APPLICANT. ZONING:
WR. LOCATION: 67 BRAYTON LANE. APPLICANT PROPOSES TO DEMOLISH AN
EXISTING HOME AND DETACHED GARAGE TO CONSTRUCT A NEW HOME WITH A
FOOTPRINT OF 2,381 SQ. FT. WHICH INCLUDES PORCH/DECK AREAS AND LIVING SPACE
OF DETACHED BUILDING. THE PROJECT INCLUDES 873 SQ. FT. FOOTPRINT AREA WITH
DETACHED GARAGE. NEW FLOOR AREA TO BE 6.,194 SQ. FT. THE PROJECT INCLUDES
STORMWATER MANAGEMENT, ALTERATION OF A SHARED DRIVEWAY AND PARKING
ARRANGEMENT, AS WELL AS GRADING AND EROSION CONTROL. THE HOUSE IS TO
HAVE 3 BEDROOMS. PURSUANT TO CHAPTER 179-3-040,179-6-065,147 CHAPTER 94,NEW
FLOOR AREA IN A CEA, HARD SURFACING WITHIN 50 FT. OF THE SHORELINE, A NEW
STRUCTURE WITHIN 50 FT.OF 15%SLOPES,WORK WITHIN 100 FEET OF WETLANDS,AND
DRIVEWAY OF 10% SLOPE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. CROSS REFERENCE: SEP 241-2019,AV 20-2022. WARREN CO. REFERRAL:
MAY 2022. SITE INFORMATION: APA,LGPC,CEA. LOT SIZE: 1.25 ACRES. TAX MAP NO.
239.12-2-84. SECTION: 179-3-040,179-6-065,147 CHAPTER 94.
MR. TRAVER-I understand,Laura,this is to be tabled to the September 27 meeting?
MRS. MOORE-It will be the second meeting in September, and I don't have that right in front of me,but
it's most likely September 27`h
MR. TRAVER-I'll see if I can confirm that. Yes. It's September 27`h
MRS.MOORE-Yes. The Zoning Board had asked for additional information about the house location and
such. So the applicant is going back and doing some amendments and they will submit that information
by August 15`h for a September meeting.
MR. TRAVER-Okay. We do have a public hearing on this application as well and we won't be doing a
Site Plan review on it this evening, but we will open the public hearing and keep it open so when they
return in September that will be available for the public hearing portion.
PUBLIC HEARING OPENED
MR. TRAVER-Any questions,comments on this tabling? I think we have a draft resolution.
RESOLUTION TABLING SP#26-2022 FRESHWATER WETLANDS 5-2022 ERIC CARLSON
(Revised)Applicant proposes to demolish an existing home and detached garage to construct a new home
with a footprint of 3,3S1 sq. ft. with an attached garage. New floor area to be 6,033 sq. ft. The project
includes stormwater management, alteration of a shared driveway and parking arrangement, as well as
grading and erosion control. The house is to have 3 bedrooms. Pursuant to chapter 179-3-040,179-6-065,
147 chapter 94,new floor area in a CEA,hard surfacing within 50 ft.of the shoreline,a new structure within
50 ft. of 150/o slopes, work within 100 feet of wetlands, and driveway of 100/o slope shall be subject to
Planning Board review and approval.
MOTION TO TABLE SITE PLAN 26-2022 &z FRESHWATER WETLANDS 5-2022 ERIC
CARLSON. Introduced by Michael Dixon who moved for its adoption,seconded by Brad Magowan.
Tabled until the September 27,2022 Planning Board meeting with information due by August 15,2022.
Duly adopted this 26`h day of July 2022 by the following vote:
AYES: Mr. Dixon, Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Traver
NOES: NONE
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MR. TRAVER-The next item on our agenda is Brett&r Pamela West for the Main House.
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 611 512 0 2 2)APPLICANT PROPOSES TO DEMO EXISTING HOME
AND SHED TO 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, AND 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 AND STORMWATER MANAGEMENT.
ADDITIONALLY WORK TO BE DONE IS WITHIN 100 FEET OF A DESIGNATED WETLAND.
PURSUANT TO CHAPTER 179-3-040,179-6-065,CHAPTER 147,SITE PLAN FOR NEW FLOOR
AREA IN A CEA,WORK ADJACENT TO WETLAND,AND HARD SURFACING WITHIN 50 FT.
OF THE SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL.
VARIANCE: RELIEF IS SOUGHT FOR SETBACKS TO WETLANDS. PLANNING BOARD SHALL
PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. 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, AV 30-2022.
WARREN CO.REFERRAL: AUGUST 2021,FEBRUARY 2022 (STORMWATER DEVICE);JULY
2022(FWW). SITE INFORMATION: APA,CEA,LGPC. LOT SIZE: 091 ACRE. TAX MAP NO.
226.15-1-17. SECTION: 179-3-040;179-6-065,147.
MR. TRAVER-Folks should be aware that this application was before us last week for a Zoning Board
recommendation and they actually requested to be tabled until August and they have been tabled until
August. So normally this would have comeback to us after review by the ZBA this evening,but they have
yet to go to the ZBA. So we will be tabling this,I'm sorry we won't be tabling this. It's already been tabled
until the August 25`h,2022 meeting and we will hold the public hearing in abeyance until they come back
from the ZBA. So we don't need a motion on that. It's already done. Any questions from members of the
Board on that? Okay.
MRS. MOORE-Do you want to mention the public hearing?
MR. TRAVER-I did,that we would hold it in abeyance until it comes back from the ZBA.
MRS. MOORE-You did? I didn't catch it. So just to clarify, the West application will be tabled to the
first meeting in August which would be the 16`h?
MR. MAGOWAN-The 16`h. That's what I wrote.
MRS. MOORE-Thank you. Because it actually has to go through the Planning Board recommendation,
but it hasn't done that officially yet. That's part of it.
MR. TRAVER-Which may be next month. We'll see. Next we have an Unapproved Development item
which was also tabled. This is Reds LG,LLC.
SITE PLAN NO. 29-2022 SEQR TYPE: TYPE II. REDS LG LLC. AGENT(S): EDP (NICK
ZEGLEN). OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 7, 9 &z 13
NUTLEY LANE. (REVISED) THE APPLICANT PROPOSES TO COMPLETE ALTERATIONS TO
TWO EXISTING DWELLING UNITS ON THE SITE AND COMPLETE CONSTRUCTION OF
THIRD DWELLING UNIT ON THE SITE. SITE WORK HAD STARTED ON ALL THREE
BUILDINGS PRIOR TO REVIEW. ALTERATIONS INCLUDE 7 NUTLEY LANE NEW BUILDING
OF 540 SQ. FT. OF ONE BEDROOM AND 184 sq. ft. open porch, 24 sq. ft. covered entry Area;
ALTERATIONS TO 9 NUTLEY LANE 704 SQ. FT. FOOTPRINT WITH TWO BEDROOMS AND
KITCHEN (FLOOR AREA OF 1,408 SQ. FT., NEW OPEN DECK OF 440 SQ. FT. - WALKOUT
AREA BELOW ; INTERIOR ALTERATIONS FOR 13 NUTLEY LANE EXISTING FLOOR AREA
2,134 WITH FOUR BEDROOMS. PROJECT INCLUDES GRASS DEPRESSION AREAS,
SHORELINE PLANTINGS, CONSTRUCTION OF A RETAINING WALL OF 72 FT. IN LENGTH
AT 1.8 FT. IN HEIGHT. PROJECT SUBJECT TO SITE PLAN FOR NEW FLOOR AREA FOR 7
NUTLEY LANE, EXPANSION OF NON-CONFORMING STRUCTURE FOR 9 NUTLEY LANE,
HARD SURFACING WITHIN 50 FT. OF THE SHORELINE; PROJECT SUBJECT TO AREA
VARIANCE FOR SETBACKS FOR 7 AND 9 NUTLEY LANE, EXPANSION OF NON-
CONFORMING , STORMWATER DEVICES LESS THAN 100 FT. FROM THE SHORELINE,
ADDING A THIRD DWELLING UNIT - KITCHEN, AND PERMEABILITY. PURSUANT TO
CHAPTER 179-3-040,179-6-065,147,SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. CROSS REFERENCE: SEP 37-2021,AV 21-2022. WARREN CO.REFERRAL: MAY
2022. SITE INFORMATION: APA,LGPC,CEA. LOT SIZE: 0.53 ACRES. TAX MAP NO.239.17-
1-15. SECTION: 179-3-040,179-6-065,179-6-050,179-6-050,179-13-010,147.
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MR. TRAVER-Laura?
MRS. MOORE-In regards to the Reds application, the applicant is going back and doing some
amendments to this project and coming back before the Zoning Board. So it would be tabled to the second
meeting in September for the Planning Board.
MR. TRAVER-Which will be the 27`h. Okay. So again the Reds LG, LLC application will not be heard
tonight, but we will open the public hearing and we'll keep it open for when they return on September
27`h. Any questions,comments on that? Okay. We have a draft resolution.
RESOLUTION TABLING SP#26-2022 REDS LG,LLC
(Revised) The applicant proposes to complete alterations to two existing dwelling units on the site and
complete construction of third dwelling unit on the site. Site work had started on all three buildings prior
to review.Alterations include 7 Nutley Lane new building of 540 sq.ft.of one bedroom and 1S4 sq.ft.open
porch,24 sq. ft. covered entry area;Alterations to 9 Nutley Lane 704 sq. ft. footprint with two bedrooms
and kitchen(floor area of 1,40E sq.ft.,new open deck of 440 sq.ft.-walkout area below,interior alterations
for 13 Nutley Lane existing floor area 2,134 with four bedrooms. Project includes grass depression areas,
shoreline plantings,construction of a retaining wall of 72 ft.in length at I.S ft.in height. Project subject to
site plan for new floor area for 7 Nutley Lane, expansion of non-conforming structure for 9 Nutley Lane,
hard surfacing within 50 ft.of the shoreline;Project subject to area variance for setbacks for 7 and 9 Nutley
Lane,expansion of non-conforming,stormwater devices less than 100 ft.from the shoreline,adding a third
dwelling unit-kitchen, and permeability. Pursuant to Chapter 179-3-040,179-6-065,147, shall be subject
to Planning Board review and approval.
MOTION TO TABLE SITE PLAN 29-2022 REDS LG,LLC. Introduced by Michael Dixon who moved
for its adoption,seconded by Brad Magowan.
Tabled until the September 27,2022 Planning Board meeting with information due by August 15,2022.
Duly adopted this 26`h day of July 2022 by the following vote:
AYES: Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon,Mr. Traver
NOES: NONE
MR. TRAVER-The next section of our agenda is Old Business, and the first item is Christopher Detmer,
Site Plan 25-2022 and Freshwater Wetlands 9-2022.
SITE PLAN NO. 45-2022 FRESHWATER WETLANDS 9-2022 SEQR TYPE: TYPE 11.
CHRISTOPHER DETMER. AGENT(S): DAVID BOGARDUS. OWNER(S): SAME AS
APPLICANT. ZONING: MDR. LOCATION: 70 BROWN'S PATH. THE APPLICANT
PROPOSES TO CONSTRUCT A NEW SINGLE FAMILY DWELLING WITH AN ATTACHED
GARAGE. THE HOME IS 2,200 SQ. FT. THE PROJECT SITE CONTAINS WETLANDS. THE
PROJECT ALSO INCLUDES SITE WORK FOR RETAINING WALL, SEPTIC,AND DRIVEWAY
AREA. PURSUANT TO CHAPTER 179-3-040,179-6-050,CHAPTER 94,A SITE PLAN FOR HARD
SURFACE WITHIN 50 FT. OF THE SHORELINE AND FRESHWATER WETLANDS WORK
WITHIN 100 FEET OF A WETLAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. CROSS REFERENCE: SUB 3-1998,AV 32-2022. WARREN CO.REFERRAL: N/A.
SITE INFORMATION: FRESHWATER WETLANDS. LOT SIZE: 1.47 ACRES. TAX MAP NO.
296.11-1-9, SECTION: 179-3-040,179-6-050,CHAPTER 94.
DAVID BOGARDUS,REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this applicant proposes to construct a new single family dwelling with an attached
garage. The home is 2,200 square feet. The project site contains wetlands. The project work also includes
retaining walls, new septic area and a driveway area and in regards to the variance, they received their
variance for setback relief at last week's Zoning Board meeting and are back before the Board for Site Plan
and Freshwater Wetlands.
MR. TRAVER-Okay. Thank you. Welcome back.
MR. BOGARDUS-Good evening and thank you for moving the agenda for me. I appreciate that very
much.
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(Queensbury Planning Board 07/26/2022)
MR. TRAVER-All right. So, we looked at this last week and you went to the ZBA following our
recommendation and your variances were approved. Were there any changes to your project as a result
of the discussion with the ZBA?
MR. BOGARDUS-Not with the ZBA, but you had discussed adding lighting, and we did that, there's a
lighting note on the map.
MR. TRAVER-Good. Thank you. All right. Anything else?
MR. BOGARDUS-As a result, I got a letter a couple of days ago from the Town Designated Engineer
regarding stormwater management. I had made some changes to this plan. I've added an infiltration
trench. I've added gutter drains to drain the water off the roof into the infiltration ditch. We've added
porous pavement on the driveway. So we're down to 2,000 square feet on the surface, and your engineer
has asked for a full stormwater report. I don't believe that's necessary. I'd like to ask for a waiver for that.
MR. TRAVER-Well,the way this works is you need to get a signoff basically from the Town Designated
Engineer. So in your discussion with him,if you can get an agreement to that,that's fine. You don't need
to get that from us. That would be from the engineer.
MR.BOGARDUS-The reason I say that is it's such a small lot. If I do anything with this infiltration trench
I'm just putting stormwater in.
MR. TRAVER-Well, what you've described in your updated plans are all improvements to stormwater.
So I would think they'd be well received by the engineer,but only the engineer can actually give you the
engineering signoff. That does not come from us.
MR.BOGARDUS-How do I do that?
MRS. MOORE-So, yes, I'll just jump in here. The requirement to address the engineering response is
providing this updated plan, two hard copies. You would have gotten information about this,two hard
copies and any narrative you wish to explain to give back to the engineer. They take a look at that, and
then they provide some comments back,but I think that you and I can discuss this a little bit further, so
that we know that we're on the same page,when you provide information to the Town Engineer.
MR.BOGARDUS-I only got this letter a couple of days ago.
MRS. MOORE-And that's,there's a reason for that. We don't expect you to turn around and complete all
this information quickly and get a signoff. We expect you to take your time and design this, and I agree,
this project is not a very complex project. So in turn this information that you have already plus a narrative
is probably what you'll end up submitting to the Town itself and then we turn around and provide a copy
to the engineer. So you and I can discuss this further.
MR.BOGARDUS-Can I get my Site Plan approval tonight contingent upon?
MR. TRAVER-Well we're going to be discussing that as a Board shortly. I would say,my own feeling is,
since you've made, the changes that you've made in the plan are all improvements to what we've already
reviewed. So I would think that would be looked upon favorably. As to whether there's a formal Site Plan
approval, that's up to a vote of the Board. I'll open it up now for questions, comments from members of
the Board. Anyone have any concerns with,we did review this last week and that was prior to his making
improvements to the stormwater management.
MR. DIXON-I did not find anything.
MR. TRAVER-Everybody comfortable moving forward,then? Okay. So normally as part of the approval
process one of the conditions of the approval is a sign off by the Town Engineer and that you're going to be
doing in any case. So it sounds as though there's support for a conditional approval of your plan,provided
that you do get that signoff from the Town Designated Engineer. You would not have to come back to us.
You can work with Laura and her staff to get the details to that. All right. Any questions,comments from
members of the Board? There is a public hearing on this application. Is there anyone in the audience who
wanted to address the Planning Board on this? Yes,sir.
PUBLIC HEARING OPENED
CHUCK BARTON
MR.BARTON-Good evening. My name is Chuck Barton. I live next door at 66 Browns Path. That house
in the picture there with the corner concrete closest to the proposed house is my house. My wife and I
have lived there since 2005. I did send a letter to the Board yesterday. I don't know if you received it. It
has some photos in it.
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MRS. MOORE-So it's been received. What I'll do is I'll pass this letter down. So are you going to read
your letter into the record?
MR.BARTON-I'll talk about the subjects of the letter and,yes,maybe it would be good for them. Is that
in color by any chance?
MRS. MOORE-That is in color.
MR.BARTON-Thank you.
MR. TRAVER-And that will be added to the record.
MR. BARTON-Thank you. A couple of points. First let's start from stormwater. The stormwater, I do
believe the Town Engineer should pass judgment on the situation. This is a small to irregular lot that
receives all of the water down Browns Path from Country Club Road, and so it is subject to flooding. So
I think we need the experts to pass judgment on it,what was recommended in the Staff Notes and I would
concur with that.
MR. TRAVER-And that is part of the requirement.
MR.BARTON-So my next topic is,mind if I come up here?
MR. TRAVER-Please do. Take the microphone with you to make sure we get you on the record. Okay.
So if I could, in the diagram here it shows a wooded area. There is a lot of mature shrubbery in there
including trees that are up to 15 inches in diameter and the diagram,the letter that's being passed around,
on Page Two or Three,I'm sorry,will actually show pictures of mature vegetation. My concern is we know
during construction with heavy equipment that with the vegetation which is right on the boundary line,
the roots will be damaged if they're not protected. So I'm asking in the letter that there be enough
protection for the drip zone around the trees so the trees aren't damaged. I'm also asking that if the trees
are damaged and after two years if they die that they be replaced at the expense of the owner for the species
and the size of the vegetation.
MR. TRAVER-Excuse me one second. Are those trees on your property?
MR.BARTON-They are. So the pictures that you'll see, as a matter of fact I have an extra if you'd like it.
MR. TRAVER-Well they're being passed around.
MR.BARTON-Okay. So I can wing it. I'll throw another copy out.
MR. TRAVER-Okay.
MR. BARTON-So the pictures you'll see on there are where I took the pictures of the trees and actually
circled the trunks,all those trunks are on my property,and we can see where I put a red or orange dotted
line showing the boundary. You can see how close the vegetation is to the boundary. So my concern is
that those trees don't die. I also am asking that for this location here I'd like the developer to plant some
shrubbery on the side. Right here is the master bedroom. This is the driveway. A car will be coming in,
turning around,flashing lights right into our master bedroom. So we don't think it's unusual to ask that
not only do we protect the existing trees that are here,but that the shrubbery be added on their property
line.
MR. TRAVER-Okay. Anything else?
MR.BARTON-Yes, and I can't remember it.
MR. TRAVER-Well the letter is coming around.
MR.BARTON-Can I borrow that letter back?
MR. TRAVER-Certainly.
MR.BARTON-Thank you. This is a suggestion by an engineer friend of mine. This driveway is very close
to the boundary. Probably this distance right here is 21 feet. So you take half of that it's about 10 feet to
the boundary, and there are all these trees along here. We don't know if it's possible for the driveway to
be pushed back away from the boundary a little further. If it is,that will further protect the current mature
trees. So that's a consideration for the Board. Also we noticed in the Staff Notes that there was a phrase
that the plans do not indicate exterior lighting to the home. The applicant is to be reminded lighting
fixtures to be downcast. We'd obviously appreciate that since our master bedroom is going to be very
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(Queensbury Planning Board 07/26/2022)
close to this house, and by the way this house distance which will be about 6S feet 5 inches is the closest
house to any other house on our entire street. So it's sort of an awkward lot and unfortunately we're going
to have this house closer than any other neighbor has to deal with. So we do ask that for the lighting,not
only that it be downcast,but that it be shielded and ask for that to be specifically written into the plans.
Finally our last point in the letter is that unfortunately our Town is dealing with some difficulties with
short term rentals. So if it's possible to forbid this house from becoming a short term rental we would
appreciate that. So in summary the main issue really is the privacy and just making sure that the existing
mature trees are protected. Any questions?
MR. TRAVER-No. Thank you.
MR.BARTON-Okay. Thank you.
MR. TRAVER-Is there anyone else that wanted to address the Planning Board on this application? Are
there any written comments,Laura?
MRS. MOORE-There are no additional written comments.
MR. TRAVER-Okay. Then we'll go ahead and close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-And ask the applicant to return.
MR. BOGARDUS-Regarding the lighting,number five, all yard lights to be lit, LED,100 watt equivalent,
downcast, shielded. In regards to the driveway, the driveway is positioned so it does not interfere with
the hard surface setback to the wetlands.
MR. TRAVER-I think the concern is just to avoid damage to the trees. That's a matter of working with
the contractor. They must have some experience with that.
MR.BOGARDUS-And we can put up an orange construction fence two or three feet off the property line
to protect.
MR. TRAVER-To protect the trees. Okay.
MR.BOGARDUS-And I'll make a note on the plans if you want.
MR. TRAVER-And there was the question about the possibility of adding some shrubbery along that one
line where the applicant's bedroom,this would I guess be in addition to the existing vegetation.
MR.BOGARDUS-I'll speak to my client,but that's their front yard and we've only got a 21 foot front yard.
So I don't want to close it in too much. So I would say we wouldn't want to do that.
MR. TRAVER-Okay.
MR. BOGARDUS-I would say we would strive to maintain what is there now on the adjoining property
owner's land,but I'm not going to say we're going to plant more.
MR. TRAVER-Okay. I think those were the main points of the public comment. Questions, comments
from members of the Planning Board of the applicant?
MR. BOGARDUS-One thing. I do see Mr. Barton's point about the driveway, and we could screen that
one side. I don't mind doing that,where you back out of the garage and come forward. We could screen
that with shrubbery.
MR. TRAVER-Okay.
MR. DEEB-Would you be willing to talk to Mr. Detmer and talk about the privacy issue at all, maybe a
couple of trees?
TOM KUBRICKY
MR.KUBRICKY-He's going to put little cedars in there anyway.
MR. TRAVER-Okay. Let's see,probably as far as the additional vegetation we want to be specific for our
motion. How many,you said cedars or arborvitaes.
MR.KUBRICKY-Either or.
S
(Queensbury Planning Board 07/26/2022)
MR. TRAVER-How many would you be proposing to add?
MR.KUBRICKY-Probably put like ten in there.
MR. TRAVER-Could I ask you to come up to the table and get your name on the record,please. We want
to make sure we have this for the minutes.
MR.KUBRICKY-Tom Kubricky. We could put about 10 in there.
MR. TRAVER-Ten? Okay.
MR.KUBRICKY-Yes,to block it off. It's going to be blocked off. You won't even see this house from the
house that's being built. It's going to be shrubbery around the whole length of the property line. And the
trees that are there,that are on his property would be fine,but we're going to run a rack all the way down
through there. You won't even be able to see our house from his house.
MR. DEEB-I think that was the goal.
MR. TRAVER-Yes,that's the concern.
MR.KUBRICKY-And it's going to be real private.
MR. DIXON-So it's on the south side of the driveway.
MR.KUBRICKY-Right.Yes.
MR. TRAVER-And you're going to put, well construction fencing is a normal part of the procedure
anyway.
MR. DIXON-So we don't have to worry about the construction fencing. We don't need to denote it.
MR. TRAVER-Yes.
MR.KUBRICKY-We'll make sure that everything's protected up through there.
MR. TRAVER-And you understand the comment about not just the trunk of the tree but the roots
themselves that provide the nutrients and the water and so on.
MR.KUBRICKY-I think we're going to be roughly probably 20 feet from anything he's got growing.
MR.TRAVER-Okay. Well different size trees obviously have a different size root than what,if during the
construction they make note of that.
MR.KUBRICKY-They will.
MR.BARTON-If I could,I left that letter there for you. Those are the trees. Those trees are within a foot
of the property line.
MRS. MOORE-So if you want to talk outside of this meeting and handle that,you're more than welcome
to, but in reference to the Planning Board, they cannot authorize protection of someone else's trees on
someone else's property. If the two of you wish to work that deal out,that's up to you,between the two
of you.
MR. TRAVER-Yes,that's an agreement between you and Mr.Barton.
MR.KUBRICKY-I'll talk to him after.
MR. TRAVER-Okay. Good. We would ask that you do that.
MRS. MOORE-You just want to make sure that the trees,or the Board,right now it sounds like opposite
the turnaround there's going to be additional plantings of at least 10 trees. Is that pretty accurate?
MR. TRAVER-Yes.
MRS. MOORE-Okay.
MR.TRAVER-All right. How does the Board feel? Are we ready to move forward on this? All set? Okay.
Are you ready with your draft?
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(Queensbury Planning Board 07/26/2022)
MR. DIXON-I think so. We're only mentioning the arborvitaes? We're not mentioning the trees at this
point?
MR. TRAVER-Yes,we don't have to be specific.
MRS. MOORE-You could either do arborvitae or cedar or vegetation of similar type.
MR. TRAVER-There we go, and ten I think was the number that was mentioned.
RESOLUTION APPROVING SP#65-2022 FWW 9-2022 CHRISTOPHER DETMER
The applicant has submitted an application the Planning Board:The applicant proposes to construct a new
single family dwelling with an attached garage.The home is 2,200 sq.ft.The project site contains wetlands.
The project also includes site work for retaining wall, septic, and driveway area. Pursuant to chapter 179-
3-040, 179-6-050, chapter 94, a site plan for hard surface within 50 ft. of the shoreline and freshwater
wetlands work within 100 feet of a wetland 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;
The Planning Board made a recommendation to the Zoning Board of Appeals on 7/19/2022-1 the ZBA
approved the variance on 7/20/2022-1
The Planning Board opened a public hearing on the Site plan application on 7/26/2022 and continued the
public hearing to 7/26/2022,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 7/26/2022;
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 45-2022 &z FRESHWATER WETLANDS 9-2022
CHRISTOPHER DETMER;Introduced by Michael Dixon who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted: h. signage, 1. landscaping, n traffic, o. commercial alterations/
construction details,q. soil logs,r. construction/demolition disposal s. snow removal;
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.
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;
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(Queensbury Planning Board 07/26/2022)
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) Project requires Town Engineer signoff prior to any site work.
m) Exterior lighting to be Code compliant,downcast and shielded.
n) Ten Arborvitaes or vegetation of similar type to be placed on the southern aspect of the
driveway opposite of the turnaround adjacent to the neighbor.
Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote:
AYES: Mr. Stark,Mr. Magowan,Mr. LaSarso, Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Traver
NOES: NONE
MR. TRAVER-You're all set.
MR.BOGARDUS-Thank you very much.
MR.TRAVER-The next item on the agenda,also under Old Business,is Harley Griffiths,Site Plan 47-2022.
SITE PLAN NO. 47-2022 SEQR TYPE: TYPE II. HARLEY GRIFFITHS. AGENT(S): ERIK
SANDBLOM. OWNER(S): TIA&z HARLEY GRIFFITHS. ZONING: WR. LOCATION: 298
CLEVERDALE ROAD. APPLICANT PROPOSES A 200 SQ. FT. DECK ADDITION TO AN
EXISTING BUNKHOUSE OF 740 SQ. FT. NO CHANGES ARE PROPOSED TO THE EXISTING
HOME'S 1,300 SQ. FT. FOOTPRINT AND 1,300 SQ. FT. FOOTPRINT DECK/PORCH AREA.
PURSUANT TO CHAPTER 179-3-040, 179-4-080, SITE PLAN FOR EXPANSION OF A NON-
CONFORMING STRUCTURE IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW
AND APPROVAL. CROSS REFERENCE: AV 34-2022. WARREN CO.REFERRAL: JULY 2022.
SITE INFORMATION: CEA,APA, LGPC. LOT SIZE: .24 ACRES. TAX MAP NO. 226.12-1-86.
SECTION: 179-3-040,179-4-080.
ERIK SANDBLOM, REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-This application is for a 200 square foot deck addition to the existing bunkhouse which is
740 square feet. The existing main house of 1300 square feet is to remain the same. The applicant did
receive the setback variance from the Zoning Board of Appeals last week.
MR. TRAVER-Okay. Thank you. Welcome back.
MR. SANDBLOM-Thank you. Erik Sandblom from SRA Engineers.
MR.TRAVER-Okay,and I see by our Staff Notes that you did receive your variance from the Zoning Board
of Appeals.
MR. SANDBLOM-Correct.
MR. TRAVER-Were there any changes to your proposal as a result of that meeting?
MR. SANDBLOM-No changes as a result of that meeting, but we did receive comments from the Town
Engineer requesting some additional erosion and sediment control measures, which I sent Laura the
revised plan showing,basically complying with their request.
MR. TRAVER-Okay. Well a signoff from the Town Designated Engineer is part of our approval process
in any event. So as long as you're able to work things out with him then you address the engineering
concerns as far as we're concerned. I'll open it up to questions, comments from members of the Board.
This was for the deck addition to the garage that turned into a bunkhouse. No questions? All right. I
guess we're ready to move forward.
MRS. MOORE-Did you do the public hearing?
MR. TRAVER-I did not. Thank you. There is a public hearing on this application. Is there anyone in the
audience that wanted to address the Planning Board on this application? I'm not seeing any takers in the
audience. How about written comments?
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(Queensbury Planning Board 07/26/2022)
PUBLIC HEARING OPENED
MRS. MOORE-There are no written comments.
MR. TRAVER-Okay. Thank you. Then we will go ahead and close the public hearing as well.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING SP#47-2022 HARLEY GRIFFITHS
The applicant has submitted an application the Planning Board: Applicant proposes a 200 sq. ft. deck
addition to an existing bunkhouse of 740 sq. ft. No changes are proposed to the existing home's 1,300 sq.
ft.footprint and 1,300 sq.ft.footprint deck/porch area.Pursuant to chapter 179-3-040,179-4-OSO,site plan
for expansion of a non-conforming structure in a CEA 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 made a recommendation to the Zoning Board of Appeals on 7/19/2022-1 the ZBA
approved the variance on 7/20/2022-1
The Planning Board opened a public hearing on the Site plan application on 7/26/2022 and continued the
public hearing to 7/26/2022,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 7/26/2022;
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 47-2022 HARLEY GRIFFITHS; Introduced by Michael Dixon
who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted;
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.
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;
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(Queensbury Planning Board 07/26/2022)
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 Warren Longacker. Duly adopted this 26`h day of July 2022by the following vote:
AYES: Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Traver
NOES: NONE
MR. TRAVER-You're all set.
MR. SANDBLOM-Thank you very much.
MR. TRAVER-The next item on our agenda, also under Old Business, is Frank Parillo. This is a
Subdivision Preliminary Stage 6-2022 and Final Stage 7-2022.
SUBDIVISION PRELIMINARY STAGE 6-2022 SUBDIVISION FINAL STAGE 7-2022 SEQR
TYPE: UNLISTED. FRANK PARILLO. AGENT(S): VAN DUSEN&z STEVES. OWNER(S):
SAME AS APPLICANT. ZONING: CI-18. LOCATION: 199 CORINTH ROAD. APPLICANT
PROPOSES A 2 LOT SUBDIVISION OF A 4.39 ACRE PARCEL. THE NEW PARCELS WILL BE
1.29 ACRES WITH THE EXISTING TACO BELL AND A 3.1 ACRE CORNER LOT THAT WILL BE
VACANT. THE 1.29 ACRE PARCEL IS DEVELOPED FOR TACO BELL WITH ONE EXIT POINT
TO CORINTH ROAD. WAIVERS ARE REQUESTED FOR LANDSCAPING, CLEARING,
GRADING,AND EROSION CONTROL AND STORMWATER SINCE NO NEW DEVELOPMENT
IS PROPOSED AT THIS TIME. THE TACO BELL BUILDING OF 2,863 SQ.FT.AND SITE REMAIN
AS IS. PURSUANT TO CHAPTER 183, PROJECTS SUBJECT TO SUBDIVISION FOR 2 LOTS
SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF
IS SOUGHT FOR SITE ACCESS. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION
TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: SV 53-2011, SP 54-2011, SP 31-
2012, SP 2-2013,AV 74-2016, SP 54-2016,AV 33-2022. WARREN CO. REFERRAL: N/A. LOT
SIZE: 4.38 ACRES. TAX MAP NO. 309.13-2-2. SECTION: 183.
JON ZAPPER&r MATT STEVES,REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-This application is for a two lot commercial subdivision of a 4.39 acre parcel. The new
parcels include 1.29 acres with the existing Taco Bell and the remaining 3.1 acre parcel will be a corner lot
that is to remain vacant at this point. The applicant did receive the variance the other evening for actual
access. The applicant will have a shared access through easement. The only item that I identified is that
the applicant has requested waivers in the sense of stormwater and clearing limits and so on and so forth
which typically comes about if they had a project on that site.
MR. TRAVER-Right.
MRS. MOORE-At this point they don't. So the only suggestion I have at this point is to condition it that
they'll need site plan review no matter what is to happen to that site.
MR. TRAVER-Okay. Good. Thank you for that. Welcome back.
MR. ZAPPER-For the record Jon Lapper and Matt Steves. So we got to the Zoning Board. We said the
Planning Board told us they thought it was good planning to have a shared driveway and the Zoning Board
agreed. So that took five minutes and here we are.
MR. STEVES-Obviously we have no issue with site plan on Lot Two. It's in the commercial district and
we're going to require it anyway.
MR. TRAVER-Yes. Okay. Well,we will clarify that in any motion we make just to make sure that's on
the record,but,yes,we understand that. I think we did actually speak briefly about that last week. Are
there any follow up questions,comments from members of the Board?
MR. DEEB-So nothing in the wind,or are you just keeping it from us?
MR. ZAPPER-No. It's for sale. So if you know anybody that wants it.
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(Queensbury Planning Board 07/26/2022)
MR. DEEB-It's a great spot.
MR.TRAVER-There is a public hearing on this application and we'll be doing review under SEQR as well.
So I'll ask is there anyone in the audience that wanted to address the Planning Board on this subdivision?
I'm not seeing any. Are there any written comments,Laura?
PUBLIC HEARING OPENED
MRS. MOORE-There are no written comments.
MR. TRAVER-I'll close the public hearing.
PUBLIC HEARING CLOSED
MR.TRAVER-And this is an Unlisted Action. So we need to look at SEQR. After reviewing the materials,
does anyone have any environmental impact concerns regarding this?
MR. DIXON-Not on this one.
MR. TRAVER-Okay. All right. Well in that case then we can entertain that SEQR motion.
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SUB#6-2022 FRANK PARILLO
The applicant proposes a 2 lot commercial subdivision of a 4.39 acre parcel. The new parcels will be 1.29
acres with the existing Taco Bell and a 3.1 acre corner lot that will be vacant. The 1.29 acre parcel is
developed for Taco Bell with one exit point to Corinth Road. Waivers are requested for landscaping,
clearing,grading, and erosion control and stormwater since no new development is proposed at this time.
The Taco Bell building of 2,563 sq. ft. and site remain as is. Pursuant to chapter IS3, projects subject to
subdivision for 2 lots shall be subject to Planning Board review and approval.
The Planning Board has determined that the proposed project and Planning Board action is subject to
review under the State Environmental Quality Review Act;
The proposed action considered by this Board is Unlisted in the Department of Environmental
Conservation Regulations implementing the State Environmental Quality Review Act and the regulations
of the Town of Queensbury;
No Federal or other agencies are involved;
Part 1 of the Long EAF has been completed by the applicant;
Part 2 of the Long EAF has been reviewed by the Planning Board;
Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury
Planning Board as lead agency that this project will result in no significant adverse impacts on the
environment,and,therefore, an environmental impact statement need not be prepared. Accordingly,this
negative declaration is issued.
MOTION TO GRANT A NEGATIVE DECLARATION FOR SUBDIVISION PRELIMINARY 6-2022
FRANK PARILLO, Introduced by Michael Dixon who moved for its adoption, seconded by Warren
Longacker;
As per the resolution prepared by staff.
1. Part II of the Long EAF has been reviewed and completed by the Planning Board.
2. Part III of the Long EAF is not necessary because the Planning Board did not identify potentially
moderate to large impacts.
Duly adopted this 26`h day of July 2022 by the following vote:
AYES: Mr. LaSarso, Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Traver
NOES: NONE
MR. TRAVER-So next we consider the Preliminary Stage Subdivision motion for 6-2022.
RESOLUTION APPROVING SUB#6-2022 PRELIMINARY STAGE FRANK PARILLO
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(Queensbury Planning Board 07/26/2022)
A subdivision application has been made to the Queensbury Planning Board for the following:Applicant
proposes a 2 lot commercial subdivision of a 4.39 acre parcel. The new parcels will be 1.29 acres with the
existing Taco Bell and a 3.1 acre corner lot that will be vacant. The 1.29 acre parcel is developed for Taco
Bell with one exit point to Corinth Road. Waivers are requested for landscaping, clearing, grading, and
erosion control and stormwater since no new development is proposed at this time.The Taco Bell building
of 2,563 sq.ft. and site remain as is.Pursuant to chapter IS3,projects subject to subdivision for 2 lots shall
be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-IS3,the Planning Board
has determined that this proposal satisfies the requirements as stated in the Zoning Code;
The requirements of the State Environmental Quality Review Act have been considered and the Planning
Board has adopted a SEQRA Negative/Positive Declaration
This application is supported with all documentation,public comment,and application material in the file
of record;
MOTION TO APPROVE SUBDIVISION PRELIMINARY STAGE 6-2022 FRANK PARILLO,
Introduced by Michael Dixon who moved for its adoption.
Motion seconded by Brady Stark. Duly adopted this 26`h day of July 2022 by the following vote:
AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Traver
NOES: NONE
MR.TRAVER-And lastly Subdivision Final Stage 7-2022,and here's where we would put that requirement
for Site Plan Review on the site.
MRS. MOORE-And you're also going to include the waiver requests.
MR. TRAVER-Right. Yes,we want to acknowledge the waivers that were requested for stormwater.
MRS. MOORE-You can just indicate waivers were granted.
RESOLUTION APPROVING SUB#7-2022 FINAL STAGE FRANK PARILLO
A subdivision application has been made to the Queensbury Planning Board for the following:Applicant
proposes a 2 lot commercial subdivision of a 4.39 acre parcel. The new parcels will be 1.29 acres with the
existing Taco Bell and a 3.1 acre corner lot that will be vacant. The 1.29 acre parcel is developed for Taco
Bell with one exit point to Corinth Road. Waivers are requested for landscaping, clearing, grading, and
erosion control and stormwater since no new development is proposed at this time.The Taco Bell building
of 2,563 sq.ft. and site remain as is.Pursuant to chapter IS3,projects subject to subdivision for 2 lots shall
be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-IS3,the Planning Board
has determined that this proposal satisfies the requirements as stated in the Zoning Code;
This application is supported with all documentation,public comment,and application material in the file
of record;
MOTION TO APPROVE SUBDIVISION FINAL STAGE 7-2022 FRANK PARILLO. Introduced by
Michael Dixon who moved for its adoption.
1. The requirements of the State Environmental Quality Review Act have been considered and the
Planning Board has adopted a SEQRA Negative Declaration; and if the application is a
modification, the requirements of the State Environmental Quality Review Act have been
considered, and the proposed modification[s] do not result in any new or significantly different
environmental impacts, and,therefore,no further SEQRA review is necessary;
2. Waiver requests granted: Topography plan, Landscape plan, Clearing plan, grading erosion
control and stormwater plans;
3. 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.
4. 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
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(Queensbury Planning Board 07/26/2022)
5. Engineering sign-off required prior to signature of Planning Board Chairman.
6. 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 or for coverage under an individual SPDES prior to the start of aU site
work.
b) The project NOT(Notice of Termination)upon completion of the project; and
7. The applicant must maintain on their project site,for review by staff:
a) The approved final 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; and
b) The project NOI and proof of coverage under the current NYSDEC SPDES General
Permit,or an individual SPDES permit issued for the project.
S. Final approved plans,in compliance with the Subdivision,must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building and
Codes personnel.
9. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or
the beginning of any site work.
10. Subsequent issuance of further permits, including building permits is dependent on compliance
with this and all other conditions of this resolution;
It. As-built plans to certify that the subdivision is developed according to the approved plans to be
provided prior to issuance of the certificate of occupancy;
12. Resolutions must be included on Final Subdivision mylar;
13. Site Plan review must take place upon development of the site.
Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote:
AYES: Mr. Dixon, Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Traver
NOES: NONE
MR. TRAVER-You're all set.
MR. ZAPPER-Thank you. Mr. Chairman, the next application is being represented by architect Ethan
Hall and he also has the last one. So he's graciously offered to let Matt and I go next because we have
another one. If that's okay.
MR. TRAVER-Which is your application?
MR. ZAPPER-The second to last Frank Parillo on Route 9.
MR. TRAVER-So he was gracious enough to let you do that. So I guess if I don't'hear any objections we
will allow you to do that as well. So this is the other Parillo subdivision application.
NEW BUSINESS:
SUBDIVISION PRELIMINARY STAGE 8-2022 SUBDIVISION FINAL STAGE 9-2022 SEQR
TYPE: UNLISTED. FRANK PARILLO. AGENT(S): VAN DUSEN &z STEVES. OWNER(S):
SAME AS APPLICANT. ZONING: Cl. LOCATION: 1011 STATE ROUTE 9. APPLICANT
PROPOSES A 3 LOT SUBDIVISION. LOT 1 WILL BE A 6.33 ACRE VACANT PARCEL,LOT 2 TO
BE 3.15 ACRES WITH NO CHANGES TO THE 2 EXISTING BUILDINGS,AND LOT 3 TO BE 494
ACRES WITH NO CHANGES TO THE CURRENT EXISTING BUILDING. THE SITE HAS BEEN
USED IN THE PAST FOR AUTO SALES AND SERVICE,BOAT STORAGE AND MOST RECENTLY
FOR AUTO CARTS. THERE ARE NO PLANS AT THIS TIME FOR THE VACANT LOT. THE
APPLICANT REQUEST WAIVERS FOR CONSTRUCTION PLAN,LANDSCAPING,CLEARING,
GRADING, EROSION CONTROL AND STORMWATER. ADDITIONALLY, A WAIVER IS
REQUESTED FOR DRIVEWAY SEPARATION LESS THAN 100 FT. PER ACCESS
MANAGEMENT. PURSUANT TO CHAPTER 183, SUBDIVISION FOR THE CREATION OF
THREE LOTS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS
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(Queensbury Planning Board 07/26/2022)
REFERENCE: SP 74-90; SUP 43=2009. WARREN CO. REFERRAL: N/A. LOT SIZE: 14.42
ACRES. TAX MAP NO.296.13-1-23. SECTION: 183.
JON ZAPPER&MATT STEVES REPRESENTING APPLICANT,PRESENT
MRS. MOORE-So this is an application for Subdivision Preliminary Stage 5-2022 and Subdivision Final
Stage 9-2022. The applicant proposes a three lot subdivision. Lot One will be 6.33 acres to be vacant.
Lot Two to be 3.15 acres with no changes to the two existing buildings. Lot Three to be 4.94 acres with
no changes to the current existing buildings. The site has been used in the past for auto sales and service,
boat and storage, and most recently for auto parts. There are no plans at this time for the vacant lot. The
applicant requests waivers for construction plans, landscaping, clearing, grading, erosion control and
stormwater. Additionally the Board would be looking at the waiver requested for driveway separation less
than 100 feet per access management code,and then in regards to the final stage,again I would suggest that
site plan review be required for any development on these lots.
MR. TRAVER-Okay. Thank you.
MR. ZAPPER-Good evening. Again for the record,Jon Lapper and Matt Steves. So this of course was the
old Jeckel and Sons Honda, Sportline Power Products and Frank has owned this for probably 20 years as
an investment. They knew that something would happen at some point so he leased the property out over
the years and Smith Boys Boats was in therefor awhile. He now has a contract to sell the dealership. So
we're here to subdivide it into three conforming parcels so that he can sell them separately. That's because
they would be separate uses. The one that Laura's talking about is the one on the north which has the big
piece in the back. The kind of use that would fit there, someone talked about indoor storage which isn't
permitted now in that zone,but we talked with the Supervisor about it,not specifically about this piece,
but in general because rather than those ugly single story with the garage doors like you drive down the
Northway and you see really nicer three story. That's the kind of thing we're thinking on that north lot t
that may or may not be, but if someone's interested in that. There wouldn't be visibility because it's a
destination use for that kind of thing,but the purpose of us being here is that middle lot for a car dealership.
So it's nothing proposed in terms of site changes. Anyone who purchases it would have to come in for site
plan,but Frank's trying to sell that and that's really the whole story.
MR. TRAVER-Okay. All right. Questions,comments from members of the Board?
MR. MAG OWAN-The only thing I would like to see,I think you owe an apology to Mr. Chrys because he
has storage right over there,ugly garage door things. That's all I wanted to say. I'm happy to hear this.
It's been a long time. I remember Jeckel& Son Honda way back in the day. It is a large parcel, and I'm
still amazed with all the Five Star golf carts. It just amazes me how many come in, and they seem to go,
but I overall feel dividing this up is a good move and if we have something to bring that building back. I'm
happy to see that.
MR. DEEB-And you hit home with me,Jon,on the storage units.
MR. TRAVER-There is a public hearing on this application as well. Is there anyone in the audience that
wanted to address the Planning Board on this application? This is for the Parillo subdivision. Are there
any written comments,Laura?
PUBLIC HEARING OPENED
MRS. MOORE-There are no written comments,but can I just point out that any activity on any of these
lots is going to trigger site plan review. So even if that middle lot, whatever use that's proposed there is
going to trigger site plan review because it hasn't had site plan review in seven years.
MR. TRAVER-Right.
MRS.MOO RE-We've already discussed this activity,but just so the Board is aware. If there's a future use
in there,you're going to see it again.
MR. TRAVER-Okay. Thank you for that clarification. We also have, this is an Unlisted Action under
SEQR. So we have a SEQR review as well. Does anyone have any environmental concerns on this request
for subdivision? If not,and you've looked at the submitted information,we can go ahead and do the SEQR
resolution.
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SUB#5-2022 FRANK PARILLO
The applicant proposes a 3 lot subdivision.Lot 1 will be a 6.33 acre vacant parcel,lot 2 to be 3.15 acres with
no changes to the 2 existing buildings, and lot 3 to be 4.94 acres with no changes to the current existing
building. The site has been used in the past for auto sales and service,boat storage and most recently for
auto carts.There are no plans at this time for the vacant lot.The applicant request waivers for construction
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(Queensbury Planning Board 07/26/2022)
plan,landscaping, clearing, grading, erosion control and stormwater. Additionally, a waiver is requested
for driveway separation less than 100 ft.per access management. Pursuant to chapter IS3, subdivision for
the creation of three lots shall be subject to Planning Board review and approval.
The Planning Board has determined that the proposed project and Planning Board action is subject to
review under the State Environmental Quality Review Act;
The proposed action considered by this Board is Unlisted in the Department of Environmental
Conservation Regulations implementing the State Environmental Quality Review Act and the regulations
of the Town of Queensbury;
No Federal or other agencies are involved;
Part 1 of the Long EAF has been completed by the applicant;
Part 2 of the Long EAF has been reviewed by the Planning Board;
Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury
Planning Board as lead agency that this project will result in no significant adverse impacts on the
environment,and,therefore, an environmental impact statement need not be prepared. Accordingly,this
negative declaration is issued.
MOTION TO GRANT A NEGATIVE DECLARATION FOR SUBDIVISION PRELIMINARY 8-2022
FRANK PARILLO,Introduced by Michael Dixon who moved for its adoption,
As per the resolution prepared by staff.
1. Part II of the Long EAF has been reviewed and completed by the Planning Board.
2. Part III of the Long EAF is not necessary because the Planning Board did not identify potentially
moderate to large impacts.
Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote:
AYES: Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon, Mr. Traver
NOES: NONE
MR. TRAVER-Next we consider the Preliminary Stage subdivision motion. This is for 5-2022.
RESOLUTION APPROVING SUB# 5-2022 PRELIMINARY STAGE FRANK PARILLO
A subdivision application has been made to the Queensbury Planning Board for the following:Applicant
proposes a 3 lot subdivision. Lot 1 will be a 6.33 acre vacant parcel,lot 2 to be 3.15 acres with no changes to
the 2 existing buildings, and lot 3 to be 4.94 acres with no changes to the current existing building. The
site has been used in the past for auto sales and service,boat storage and most recently for auto carts.There
are no plans at this time for the vacant lot. The applicant request waivers for construction plan,
landscaping, clearing, grading, erosion control and stormwater. Additionally, a waiver is requested for
driveway separation less than 100 ft.per access management. Pursuant to chapter IS3, subdivision for the
creation of three lots shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-IS3,the Planning Board
has determined that this proposal satisfies the requirements as stated in the Zoning Code;
The requirements of the State Environmental Quality Review Act have been considered and the Planning
Board has adopted a SEQRA Negative/Positive Declaration
A public hearing was scheduled and held on 7/26/20221-
This application is supported with all documentation,public comment,and application material in the file
of record;
MOTION TO APPROVE SUBDIVISION PRELIMINARY STAGE 8-2022 FRANK PARILLO,
Introduced by Michael Dixon who moved for its adoption.
Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote:
AYES: Mr. Stark,Mr. Magowan,Mr. LaSarso, Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Traver
1S
(Queensbury Planning Board 07/26/2022)
NOES: NONE
MR. TRAVER-And last but not least the Subdivision Final Stage 9-2022, and here's where we want to
include the requirement for any development on these sites to require site plan review.
RESOLUTION APPROVING SUB#9-2022 FINAL STAGE FRANK PARILLO
A subdivision application has been made to the Queensbury Planning Board for the following:Applicant
proposes a 3 lot subdivision. Lot 1 will be a 6.33 acre vacant parcel,lot 2 to be 3.15 acres with no changes to
the 2 existing buildings, and lot 3 to be 4.94 acres with no changes to the current existing building. The
site has been used in the past for auto sales and service,boat storage and most recently for auto carts.There
are no plans at this time for the vacant lot. The applicant request waivers for construction plan,
landscaping, clearing, grading, erosion control and stormwater. Additionally, a waiver is requested for
driveway separation less than 100 ft.per access management. Pursuant to chapter IS3, subdivision for the
creation of three lots shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-1S3,the Planning Board
has determined that this proposal satisfies the requirements as stated in the Zoning Code;
This application is supported with all documentation,public comment,and application material in the file
of record;
MOTION TO APPROVE SUBDIVISION FINAL STAGE PRELIMINARY 9-2022 FRANK PARILLO.
Introduced by Michael Dixon who moved for its adoption.
1. The requirements of the State Environmental Quality Review Act have been considered and the
Planning Board has adopted a SEQRA Negative Declaration; and if the application is a
modification, the requirements of the State Environmental Quality Review Act have been
considered, and the proposed modification[s] do not result in any new or significantly different
environmental impacts, and,therefore,no further SEQRA review is necessary;
2. Waiver requests granted: Topography plan, Landscape plan, Clearing plan, grading erosion
control stormwater plans, and the proposed curb cut for Lot 1 to the existing curb cut where the
driveway spacing(179-19-010 Driveway Standards);
3. 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.
4. 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
5. Engineering sign-off required prior to signature of Planning Board Chairman.
6. 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 or for coverage under an individual SPDES prior to the start of aU site
work.
b) The project NOT(Notice of Termination)upon completion of the project; and
7. The applicant must maintain on their project site,for review by staff:
a) The approved final 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; and
b) The project NOI and proof of coverage under the current NYSDEC SPDES General
Permit,or an individual SPDES permit issued for the project.
S. Final approved plans,in compliance with the Subdivision,must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building and
Codes personnel.
9. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or
the beginning of any site work.
10. Subsequent issuance of further permits, including building permits is dependent on compliance
with this and all other conditions of this resolution;
It. As-built plans to certify that the subdivision is developed according to the approved plans to be
provided prior to issuance of the certificate of occupancy;
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(Queensbury Planning Board 07/26/2022)
12. Resolutions must be included on Final Subdivision mylar;
13. Site Plan Review required prior to any development on the lots.
Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote:
AYES: Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Traver
NOES: NONE
MR. ZAPPER-Thanks,everybody.
MR. TRAVER-The next item on our agenda under New Business, this is also Unapproved Development,
this is Queensbury Taxi Cab and Limousine Services,LLC,Site Plan 43-2022.
MRS. MOORE-Which one do you want to do first?
MR.HALL-I'd like to do 543 Queensbury first. I know I have them both.
MR. TRAVER-All right. So I've been instructed to instead go to 543 Queensbury Ave, LLC. This is Site
Plan 44-2022.
SITE PLAN NO. 44-2022 SEQR TYPE: TYPE II. 543 QUEENSBURY AVE., LLC AGENT(S):
ETHAN HALL. OWNER(S): SAME AS APPLICANT. ZONING: CLI. LOCATION: 543
QUEENSBURY AVENUE. APPLICANT PROPOSES TO REUSE AN EXISTING 2,148 SQ. FT.
BUILDING FOR A NEW TENANT SPACE AND TO CONSTRUCT A 3,000 SQ.FT.WAREHOUSE
BUILDING ON THE 2.82 ACRE PARCEL. THE PROJECT IS LOCATED IN THE ADIRONDACK
INDUSTRIAL PARK. THE PARCEL HAS TWO EXISTING BUILDINGS. ONE BUILDING IS
20,000 SQ. FT. WITH TENANT SPACES TO REMAIN AND THE OTHER IS 2,000 SQ. FT.
PURSUANT TO CHAPTER 179-3-040. 179-9-020, SITE PLAN REVIEW FOR A NEW
COMMERCIAL BUILDING AND A SITE PLAN OLDER THAN 7 YEARS SHALL BE SUBJECT TO
PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 1-2009(2,000 SQ.FT.
ADDITION). WARREN CO. REFERRAL: JULY 2022&z WASHINGTON COUNTY LOT SIZE:
2.82 ACRES. TAX MAP NO.297.8-1-26. SECTION: 179-3-040,179-9-020.
ETHAN HALL, REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this application is to re-use the existing 2,148 square foot building for a new tenant
space and to construct a 3,000 square foot warehouse building to be associated with that smaller building.
The project does contain another building which is approximately 20,000 square feet with additional
tenant spaces inside that one building. I had some notes in regards to items that needed to be clarified.
The applicant to clarify the elevations and the floor plans of the existing 2,148 square foot building as well
as landscaping and signage. The applicant did provide some photos which I do have and I can present in
the laser fiche but that information should be updated in the final plan sets.
MR. TRAVER-Okay. Thank you. So tell us about your project.
MR. HALL-Good evening. For your records my name is Ethan Hall. I'm a principle with Rucinski Hall
Architecture here tonight representing Cliff Nelson and 543 Queensbury Ave., LLC. So the parcel is up
on Queensbury Ave up by the airport. It's one of the big block buildings. The 20,000 square foot building
is the one that StoredTech is in currently. No changes being proposed to that building. StoredTech owns
or is leasing approximately 2./3rl s of the property.
MR. TRAVER-In front of it.
MR. HALL-At the front, yes on Queensbury Avenue. The back portion is still being leased by Angio
Dynamics for some storage of Finch products. No changes being proposed there. The building that we're
talking about is the Orkin building right next to it, single story block building. What Cliff is looking to
do is move his,he owns the All Star Systems which currently is out on Route 149 in Fort Ann. He owns
that building out there but he's outgrown it and he needs a storage building for his electronic security
monitoring and audio systems and video systems for different places. They've outgrown it. He owns the
building currently and the lease with Orkin is up at the end of the year but in order to move there he would
like to build a storage building out back. So we're proposing a 3,000 square foot single slope pre-
engineered metal building that is, it won't be actually physically attached. There'll be about a 10 foot
separation between the existing Orkin building and this new building. It'll have some overhead doors that
actually face, I guess that's east. So they would face into what is the existing parking lot now and the
single slope will go off the back and all the rainwater will be captured in trenches off the back. I know
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(Queensbury Planning Board 07/26/2022)
that we got a review letter that came from LaBella. I'm working with EDP. They've got the stormwater
management done. It's a matter of you go up and dig some tests pits tomorrow and confirm all that.
MR. TRAVER-Okay. So you don't see any issues with the engineer signoff?
MR. HALL-No. We've pretty much responded to everything already. We were just waiting to get the
test pits done before we finalized the stormwater management. They have it all done. They sent it to me
this morning,but they said they'll confirm it once they dig the test pits tomorrow.
MR. TRAVER-Okay.
MR. DEEB-Is your client taking over the Orkin building?
MR.HALL-He already owns the building.
MR. DEEB-Is Orkin staying?
MR. HALL-No, their lease is up. They're looking at moving to a different building. He's going to move
All Star Systems over there. As far as signage goes,Orkin has a sign out there now. Cliff will use the same
sign and just put his logo in where Orkin is.
MR. TRAVER-Yes, as long as it's compliant.
MR. HALL-Yes, and no real changes to,it's fairly well landscaped already along the front of the building.
There's some large trees in the front and they've got a lot of shrubbery and stuff. So he doesn't intend to
really make any modifications to that. The back portion that Orkin uses right now for the parking that's
there, it's their company vehicles and the people that come and pick up the company vehicles and that's
fenced in right now for security. Cliff intends to leave that fenced in the same way. The building that he's
proposing goes a little bit beyond where the fencing is, and it kind of encircles that part now. So he will
take down part of that fencing and move it back to incorporate where he's going to be and then his building
will actually just be the fence line. So he won't need any additional fencing. He's just going to take down
what's there and reposition it.
MR. TRAVER-Okay. Questions,comments from members of the Board?
MR. LONGACKER Just the two lights?
MR.HALL-Yes,they'll be wall mounted fixtures with downcast pieces, and t hat's just going to go,they'll
face east to light that little bit of the parking lot there by the doors.
MR. TRAVER-There is a public hearing on this application as well. Is there anyone in the audience that
wanted to address the Planning Board on this application? I'm not seeing any. How about written
comments,Laura?
PUBLIC HEARING OPENED
MRS. MOORE-There are no written comments.
MR. TRAVER-Okay. Then we will close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-This is SEQR Type II. Any other questions,comments for the applicant? Does the Board
feel comfortable moving forward on this?
MR. HALL-Laura, is the stuff that I sent for the existing site plan, I'll incorporate the existing building
plan. Yes,that's there. I'll incorporate it all. We'll make it,now that,add the survey and I'll show where
the doors and stuff are. We'll take care of that.
MR. DIXON-So,Laura,do you need anything else incorporated then,or this is straightforward?
MRS. MOORE-So the elevation and floor plans should be incorporated into the final plans.
MR. DIXON-Okay.
RESOLUTION APPROVING SP#44-2022 543 QUEENSBURY AVE,LLC
The applicant has submitted an application the Planning Board:Applicant proposes to reuse an existing2,
14S sq. ft. building for a new tenant space and to construct a 3,000 sq. ft. warehouse building on the
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(Queensbury Planning Board 07/26/2022)
2.S2acre parcel. The project is located in the Adirondack Industrial Park. The parcel has 2 existing
buildings.One building is 20,000 sq.ft.with tenant spaces to remain and the other is 2,000 sq.ft..Pursuant
to chapter 179-3-040,179-9-020,site plan review for a new commercial building and a site plan older than
7 years 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 7/26/2022 and continued the
public hearing to 7/26/2022,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 7/26/2022;
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 44-2022 543 QUEENSBURY AVE,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: h. signage, j. stormwater, k. topography, o. commercial alterations/
construction details,q. soil logs,r. construction/demolition disposal.
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.
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.
1) Elevation and floor plans to be incorporated in final plans.
Motion seconded by Jackson LaSarso. Duly adopted this 26`h day of July 2022 by the following vote:
AYES: Mr. Stark,Mr. Magowan,Mr. LaSarso, Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Traver
NOES: NONE
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(Queensbury Planning Board 07/26/2022)
MR. TRAVER-You're all set.
MR.HALL-Great. Thank you very much.
MR.TRAVER-And the next item on our agenda is under Unapproved Development. It's Queensbury Taxi
Cab and Limousine Services LLC, Site Plan 43-2022.
SITE PLAN NO. 43-2022 SEQR TYPE: TYPE II. QUEENSBURY TAXICAB &z LIMOUSINE
SERVICES,LLC. AGENT(S): ETHAN HALL. OWNER(S): SAME AS APPLICANT. ZONING:
CM. LOCATION: 410 DIX AVENUE. APPLICANT PROPOSES TO REUSE EXISTING 2,256 SQ.
FT. COMMERCIAL BUILDING TO OPERATE TAXI SERVICE. DESIGNATED USES ARE TO
INCLUDE MAINTENANCE OF VEHICLES USED FOR TAXI SERVICE, OFFICE SPACE FOR
DISPATCH AND OFFICE CLERKS, AUTO BODY AND MECHANICAL REPAIRS, AND AUTO
SALES OF USED CARS. PURSUANT TO CHAPTER 179-3-040,179-9-020,SITE PLAN REVIEW
FOR A PLAN OLDER THAN 7 YEARS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. CROSS REFERENCE: SP 48-1997,UV 76-1990. WARREN CO.REFERRAL: JULY
2022. LOT SIZE: .54 ACRE AND .19 ACRE. TAX MAP NO. 303.20-1-5, 303.20-1-4. SECTION:
179-3-040,179-9-020.
ETHAN HALL, REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-The applicant proposes to re-use the existing 2,256 square foot commercial building to
operate a taxi service as well as a facility for auto service and sales. It's noted that the facility has been
operating as a taxi and auto services and sales without approvals. The applicant's been approached by
the Fire Marshal as well as others in our office. I did note some items in regards to some information that
would make this application clearer, and those are Items One through Six. The additional item is there
was apparently a backhoe on the site. It's one of those things that falls under heavy equipment and this
area is not in a zone for heavy equipment sales.
MR. TRAVER-Okay. Thank you. Tell us about your project.
MR.HALL-Good evening. Again for your records,Ethan Hall with Rucinski Hall Architecture. With me
tonight is Vance Cohen,the owner of Queensbury Taxi. So the building is on Dix Avenue,410 Dix Avenue.
It's formerly DuFour Construction. Vance has purchased the property from DuFour's and he's in the
process of wanting to move his taxi and limousine service over to the property. They have got stuff on site.
There are no real changes to the building per se. Outside we've proposed some new fencing to kind of
screen from Dix Avenue where they would park any of the vehicles that are in for service. The cars that
we have shown for sale would be along the horseshoe and then along the western property line. We are
proposing a fence along there to separate between them and the building that's to the west of this. Other
than that,there's no modifications to the building. They're going to use it as is. The loader that Laura
spoke about is Vance's. That's moved from the property already. It's already been gone. So we understand
that it's just for automotive vehicles,not for heavy equipment.
MR. TRAVER-The screening that you mentioned,I mean I have received comments that the site is a bit of
an eyesore,pretty disorganized.
MR. HALL-He hasn't really done anything with it knowing that we had to come here anyway. It's his
intent to go through and completely clean up the site but he didn't want to do that until we had approvals
to do it and make it look like we're doing anything ahead of time. We wanted to make sure that we have
everything here and have the approvals before we move forward with doing anything on the site.
MR. TRAVER-Understood. Okay. Questions comments from members of the Board? There is a public
hearing on this application as well. Is there anyone in the audience that wanted to comment?
PUBLIC HEARING OPENED
CECELIA TANNER
MRS. TANNER-I'm Cecelia Tanner. I submitted a letter, and I live on the corner of Phillips and Lynn
Avenue,which if they're blocking off Dix Avenue,they're proposing using Phillips Avenue as their in and
out. We've already asked the councilman for a four way stop on the corner of Lynn and Phillips Avenue,
due to the amount of traffic that uses that cut through to avoid the traffic lights,and there are children in
that neighborhood,plus the noise that's going to come from there. I don't have air conditioning and I don't
plan on putting it in,and we sleep and live with our windows open and we shouldn't have to change that
because somebody wants to put an automotive repair shop or whatever in there.
MR. TRAVER-Hours of operation would of concern to you.
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(Queensbury Planning Board 07/26/2022)
MS. TANNER-It would be of concern to a lot of people. We have neighbors that work overnights and my
husband goes to bed at six to seven o'clock at night because he gets up between 3:30 and 4:00 o'clock every
morning for work.
MR. TRAVER-Really? Wow.
MRS. TANNER-Yes.
MR. TRAVER-Okay. They are intending to put in some screening. That should also help with noise.
We'll ask them about traffic. Anything else?
MRS. TANNER-But they're planning on putting that in on Dix Avenue according to what they just said.
I'm on the other side with the driveway they're going to use. At that part I am on the property just below
where their driveway is. And I believe I'm not the only person that submitted something. So,okay.
MR. TRAVER-Thank you very much.
MRS. TANNER-Thank you.
MR. MAGOWAN-One question before you go,ma'am. On this picture,what one is your house?
MRS. TANNER-Down on the corner of Phillips and Lynn. It's a red house. I've got like a shed in the
backyard.
MR. MAGOWAN-This is Dix,the fire department.
MRS. TANNER-Then I would be.
MR. MAGOWAN-Way down?
MRS. TANNER-No,I'm across from their driveway over here. This probably is my roof. This is a shed.
MR. MAGOWAN-All right. Your driveway's down here.
MRS. TANNER-My driveway's down here,but my door is right here.
MR. MAGOWAN-All right. Thank you.
MRS. TANNER-Thank you.
MR. TRAVER-Is there anyone else in the audience that wanted to make a comment about this Site Plan
43-2022? Laura,are there written comments?
MRS. MOORE-The only written comment is from Cecelia Tanner and I believe she's highlighted all the
items that were in that letter. Do you want me to read it into the record?
MR. TRAVER-This is the lady that just spoke?
MRS. MOORE-Correct.
MR. TRAVER-Yes,then I think we've covered her points. We'll add her letter to the record. So a couple
of concerns. One is hours of operation. Can you tell us what the hours of operation would be,particularly
what time in the afternoon you'd be closing?
VANCE COHEN
MR. COHEN-Vance Cohen here. We're basically right now, we dispatch from within the building, we
will be dispatching from within the building. Right now we have an office in Glens Falls. Our hours right
now are five a.m.until eleven p.m. However we've been scaling back more towards the 7 p.m. hour with
the lack of business that's in the area for the evenings.
MR. TRAVER-Okay. I think the concern is not so much office work, but vehicles, traffic, coming and
going,that type of thing. What about that?
MR. COHEN-So we're basically just looking to use the building to do our basic maintenance on vehicles.
That should be during our regular business hours.
MR. TRAVER-So that would be up until eleven o'clock at night?
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MR. COHEN-No.
MR. TRAVER-Okay. Well this is what I'm asking. What would be the end of your regular business
hours?
MR. COHEN-Nine to five garage work.
MR. TRAVER-Around five p.m.? Okay.
MR. DEEB-What about the taxi business?
MR. COHEN-The taxi business is five a.m.until.
MR. DEEB-I mean you can get calls all night.
MR. COHEN-Right,but we're not operating overnight anymore since the Pandemic.
MR.HALL-And the thing,I've spoken with Vance about this before. This isn't a taxi stop. Their cars are
on the road. They're cars are on the road. A call comes in to them and the dispatch tells the car that's on
the road,go to X,Y,Z and pick this person up and take them whenever they want.
MR. TRAVER-So they're not coming and going from this site?
MR.HALL-They're not coming and going from this. They make one in and one out a day. At the beginning
of the shift and the end of the shift. The rest of the time those vehicles are on the road.
MR. TRAVER-Okay.
MR.HALL-If they're not on the road,they're not making money.
MR. TRAVER-That was going to be my next question, is the traffic volume increase as a result of this
project.
MR.HALL-I don't see there being a huge amount,in terms of something was said about closing off the Dix
Avenue portion. We have no intention of closing off Dix Avenue. We have a fence that goes along that
side, along the western side, but that driveway that's on Dix Ave stays. There is a significant opening
along Phillips Ave,but that's where most of the vehicles will be parked. Those aren't in and out through
there. Everything that comes in will be on the western end of the site.
MR. TRAVER-So that's a curb cut but you don't plan on using it as a curb cut.
MR.HALL-Correct.
MR. TRAVER-Okay. All right.
MR. DEEB-So when you're done with the taxi business,you say it slows at night. Where do those cars
go?
MR. COHEN-They park at the lot.
MR. DEEB-So they will come into the lot.
MR.HALL-At the end of the shift.
MR. DEEB-I understand, and how many do you have?
MR. COHEN-Right now we have eight vehicles on the road.
MR. DEEB-And how many are on the lot now?
MR. COHEN-Roughly 20. We go through,we put 75,000 miles a year on the cars.
MR. DEEB-I understand that,you're going to be working on them, and if you have an emergency, would
you be working on a taxi in the middle of the night?
MR. COHEN-Our mechanic only would work nine to five.
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(Queensbury Planning Board 07/26/2022)
MR. DEEB-I'm just wondering, if the lot's big enough, I mean you've got 20 you said there, eight on the
road. So you've got almost 30 cars. I just didn't see where there's going to be room for the taxis and a used
car business and a repair business.
MR.COHEN-The used car business is a byproduct of the taxi service. So it will be cars that we no longer
use. We can only use a car that's 10 years old or newer.
MR.HALL-Anything beyond 10 years old is not.
MR. COHEN-I'd have to take it off the fleet.
MR. TRAVER-So those would be the vehicles that would be for sale?
MR. COHEN-Correct.
MR. DEEB-Do you have a non-franchise New York State Dealer's license?
MR. COHEN-Not yet.
MR. DEEB-Are you applying for one?
MR.COHEN-I haven't'yet. I'm waiting for this to go through. I've had one in the past in New York State.
MR. DEEB-So you apply for that and that's how you'll sell your taxis through the dealership. Is that
correct?
MR.COHEN-Right. Mostly I'm looking to do that so I can get access to purchase vehicles at a reasonable
price.
MR. DEEB-Yes,for the taxi service.
MR. COHEN-Correct.
MR. DEEB-It just seems like there's a lot of clutter. When I went up and looked at the site.
MR. COHEN-I do that with a few cars that I'm waiting on a motor to put in.
MR. DEEB-A lot of them are wrecks.
MR. COHEN-There's no wrecks.
MR. DEEB-Not wrecks,but physical damage.
MR. COHEN-There's no wrecks on the lot at all. I have some cars that the front end is off because I had
to remove the motor. I'm just waiting on a motor to be able to put them back.
MR. DEEB-I'm just concerned about the density of what's going to happen on that lot.
MR. COHEN-We're not going to put any more cars than we're proposing on here. Those vehicles will be
screened behind the fence that are being worked on.
MR. DEEB-You've got a lot of cars on this diagram.
MR. TRAVER-Well, I believe we could restrict the number of vehicles that could be on the lot. Is that
not within our purview,Laura?
MRS.MOORE-You can. I think some of the issue is just defining some of that space so that we know that
there's that amount. Right now they're not lined or anything but just doing rough calculations that site
could accommodate those vehicles that are outlined on the site plan.
MR. DEEB-Forty-six vehicles?
MRS. MOORE-A nine by eighteen space,twenty-two feet within the drive aisle. So,yes.
MR. COHEN-I'm not sure that I'll ever use that capacity. It's just,we're looking to have an option. The
sales part of it is something that's down the way.
MR. DEEB-So you're immediate concern is?
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MR. COHEN-Putting the taxi business on this.
MR. DEEB-Where are you dispatching from now?
MR. COHEN-Sixty South Street.
MR. DEEB-In the plans here it said that there wasn't going to be a dispatch coming out of there.
MRS. MOORE-No,I'm saying like the traditional dispatch area where they come and hang out,where the
taxi drivers hang out at the site,this is not that case. This is, as I explained, each of the drivers come in,
they pick up their vehicle and they leave,versus hanging out until a call comes in. They're actually on the
road when a call comes to them.
MR. TRAVER-So they get their vehicle,they leave basically for the whole shift.
MRS. MOORE-For the whole shift.
MR. TRAVER-Okay.
MR. DEEB-So you have eight currently on the road?
MR. COHEN-Correct.
MR. MAGOWAN-Question, maybe some clarifications. You said right now you're operating in Glens
Falls?
MR. COHEN-Where in Glens Falk?
MR. COHEN-Sixty South Street.
MR. MAGOWAN-There's a lot of parking space over there.
MR.HALL-Zero. It's just across from.
MR.MAGOWAN-That's where I thought it was. That's why I wanted to bring it up. So what do you do
with the cars over there?
MR.COHEN-We have a parking lot. We only have eight cars,and two of my drivers take them home. So
I only have to park six cars.
MR. MAGOWAN-I understand that and I see that. You have 46 cars.
MR.HALL-Showing.
MR. MAGOWAN-In this picture showing.
MR.HALL-That's what could be there.
MR.MAGOWAN-I mean,I'm just looking at this picture,I'm thinking once we get everything out of there
and now you've got the backhoe out of there, and I'm going to see 46 cars.
MR. HALL-I included the picture of DuFour's on purpose, because that's what it was. Prior to, before
construction was in there that place was a disaster area.
MR. MAGOWAN-I don't want to go on the record saying that,but I think you're right. That's all right.
Forty-six cars,that's just scary,and I understand what you're trying to do and I see the point is when you're
doing with a car,hey,if you can get a couple of extra hundred bucks for it,it all goes in the purse, and I
understand that. My concern is 46 cars plus,well,you know,and then you've got the ones you're working
on. Are those will be the ones you're working on, and I understand now days it's a lot easier just to
disassemble the front of the car and work on it then it is to pull an engine. I just have a concern with that
many cars. Can we reduce that?
MR.HALL-Would you want to put a limit on 32?
MR. DEE&Well, I think we should put a limit on it,but before we do that, are you going to have a New
York State repair shop license?
MR. COHEN-I'm only working on our fleet vehicles.
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MR. DEEB-So you're not going to do outside work?
MR. COHEN-No.
MR. DEEB-For some reason I thought you were going to do that.
MR.HALL-No,no. This is just for their services. If they have a vehicle that has.
MR. DEEB-Right. Then you won't need a New York State repair license,then.
MR.HALL-No.
MR. DEEB-You will get a non-franchise so you can sell your cars.
MRS. MOORE-So I guess in that sense maybe something that wasn't clear in the application is that that
could be a condition of this application if it ever goes to auto repairs outside of his fleet,then it would come
back in for review. So he's already limited it to his own services, and it's tough to police. I'm going to be
honest with you. It'll be tough to police. If someone says, yes, my friend's over there right now, it is,
Bruce will probably not be happy,but you can put that in.
MR. DEEB-All right. So I was concerned about.
MR.LONGACKER Just a question. You mentioned purchasing cars at an auction. I mean do you intend
to purchase cars at auction,bring them here,repair them,fix it and not use them in your fleet?
MR. COHEN-It may happen, based on what the quality of the car is. I don't know what the scenario
necessarily would be. I've bought cars and found that I couldn't use it on my fleet and then I've had to turn
around and sell them.
MR. TRAVER-So we're already talking about potential for repairing and selling vehicles that are not part
of the taxi service.
MR. COHEN-Which would be part of the sales of the cars. So any service on those would naturally be
part of the.
MR. TRAVER-Yes,that concerns me.
MR. DEEB-I'm just wondering if the property can support two businesses,two separate businesses.
MR.DIXON-And I have a question also,because we ran into this when there was a garage on the same site
as sales. This was on Route 9 over by the drive-in,that there had to be a barrier between the two services.
MR. MAGOWAN-A retail shop and a car. The rope didn't work. They ended up changing that and
cementing poles in.
MR. DEEB-Because you're going to have two separate businesses.
MR. COHEN-Well, I'm the same owner of both . I understand, but you're going to have two separate
businesses. One's going to be Queensbury Taxi and I don't know what you're going to call your used car
dealership. You're going to have to have another name for that. So you're going to need two signs. I don't
know if that can support two businesses is my concern.
MR. COHEN-Okay. So my main concern is the taxi business. I don't care about the sales. I was just
looking at that as a byproduct.
MR. DEEB-I'm fine with the taxi business. I'm absolutely fine with the taxi business.
MR. TRAVER-Question for Laura. Our approval can be conditioned on, hypothetically conditioned on
taxi service only without sales unrelated to taxis?
MRS. MOORE-Yes.
MR. TRAVER-Okay.
MRS. MOORE-And then he would have to come in for review.
MR. COHEN-This was going to be a byproduct. So I don't care.
MRS. MOORE-Let me just,I'll just double-check the Code section.
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MR. TRAVER-So sales of vehicles,doesn't that require a permit or license of some kind?
MRS. MOORE-In Planning and Zoning,if they need a separate license that's up to them to obtain. That's
not something,but in reference to Building and Codes,he still needs to follow through whatever building
and Code requirements as well as the Fire Marshal. So I personally don't have knowledge of it,but they
would end up being required,on their own,to obtain that necessary.
MR. DEE&Well,what little knowledge I have.
MR. DIXON-Mr. Chairman, I have taken copious notes here. So a couple of comments. It sounds like
we're trying to identify the hours of operation,which you're stating is five a.m. to eleven p.m. for the taxi
service. Garage hours of operation.
MR. TRAVER-Yes, I think the concern is the servicing of the vehicles which operates no later than five
p.m.
MR. DIXON-Yes,I've got a note here on that.
MR.HALL-So all the service takes place inside the building. It's not,they're not working on them outside.
MR.DIXON-So knowing that some of the cars,and I know that we're having a conversation regarding cars
that are coming up for sale. I mean I've jotted a note here that the cars listed to be for sale would be limited
to those vehicles being removed from active service.
MR. COHEN-Right, which is what Queensbury Taxi owns. It would be a Queensbury Taxi type of
vehicle.
MR. DEEB-Yes, and you could sell it,you don't need a used car business to sell that. The only issue,then,
is how you acquire your cars.
MR.HALL-Right.
MR. DEEB-Because you're not going to be able to go to an auction and buy a car.
MR. COHEN-We will have to look at additional property.
MR. DIXON-So then we were talking about limiting the number of vehicles. So there's really two
categories,the number of taxis and potentially those for sale. We want to look at both of those.
MR.HALL-Can I offer this? We show a loop on the top that says vehicles for sale. There's nine vehicles
that are listed there. If those are gone away from the plan,the rest of them on the site,they're all right in a
row. So we're a regular parking lot.
MR. TRAVER-Yes.
MR.HALL-If those nine that go out of there,that takes us down,what did you count,46,Dave?
MR. DEEB-Yes.
MR.HALL-That'll take us down to 37. Would that be amenable?
MR. DEEB-Actually I don't see you getting 37 taxis at one point.
MR. COHEN-This area operated 50 taxis before COVID.
MR. DEEB-You did?
MR. COHEN-No,between the different cab companies. Right now there's 16 cabs.
MR. DEEB-Are you familiar with the fellow that died?
MR. COHEN-Yes. George.
MR. DEEB-No. Randy Bray.
MR. COHEN-Randy,yes.
MR. DEEB-He did the same thing.
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MR.HALL-White cab.
MR.DEEB-White cab. I used to be in the used car business. So I used to see him all the time and he used
to go out and by his cars and bring them back and put them into service. He didn't have a lot of luck.
MR. COHEN-In the last five years I've purchased brand new cars, been operating brand new cars, and
most of the other cars are my older fleet vehicles that I'd like to use at some point,but as long as the age.
MR. DEEB-Yes. I imagine new cars have fewer headaches.
MR. TRAVER-All right.
MR.MAGOWAN-I see your business plan. I look at it it's Queensbury Taxi and Limousine Service,LLC.
All right,but in the description it does say mechanical repairs and auto sales of used cars. I'm not trying
to pull your business plan away. I understand what you're trying to do is, you know, you have an
opportunity that you can buy cars at an auction,I think that's a great deal. It's a benefit for your business,
instead of going out and buying new ones right now to put people into do taxi services. My main concern
is 46 is way too many. Thirty-seven is peaking my interest to maybe looking this way. I would like to see
more in like the 30 factor. Since you're talking eight cars,ten cars right now on the road for you,you know,
for service wise, and then you can have,you know,four or five.
MR. TRAVER-The 37 includes employee vehicles.
MR. HALL-Yes, that's what I'd like to point out, you know, we're showing this is maximum. So an
employee comes in with a car, their own personal car, parks it, grabs their taxi and leaves. That's a net
zero. Because there's only one car involved.
MR. TRAVER-And how many employees are involved?
MR. COHEN-Well,right now I have 15 drivers,but I only have eight cars running right now.
MR. MAGOWAN-So your employees are going to park on the Phillips side,Phillips Avenue?
MR.HALL-That's the way we have it right now. Yes.
MR. TRAVER-So if you have thirty-seven vehicles,total, and you have eight that are going out as drivers,
then you're only going to have twenty-nine vehicles that are there.
MR.HALL-Any given time.
MR. TRAVER-So 29.
MR. MAGOWAN-That's still a lot of vehicles. I mean look what we have here.
MRS. MOORE-So you're using the aerial photo, which is not representative of the plan that Ethan
submitted.
MR. MAGOWAN-Well,no,I'm just trying to say look at the picture,you know, and you take the trucks
and everything else and you throw in all the pins. I mean this is pretty cluttered with 30 vehicles.
MR. TRAVER-So how many vehicles would you like to see? .
MR. MAGOWAN-Well I was hoping a total of 30 with the employees.
MR.HALL-Yes,we would be 29 with the employee cars.
MR. MAGOWAN-That's 30. Then the employees take off the eight or ten. That brings you down to 20
cars.
MR.HALL-Right,at any given time. Sitting on that lot.
MR. DIXON-So you're proposing limiting the site to 29 vehicles on the lot.
MR. MAGOWAN-And I'm not counting the ones that go out. I'm not looking at your net zero. That's a
numbers game and I'm not looking at your net zero.
MR.HALL-I know what you're saying.
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(Queensbury Planning Board 07/26/2022)
MR. TRAVER-So the maximum number of vehicles on the lot would be, at anyone time,would be 29. Is
that what you're saying?
MR. HALL-Yes,that's basically what we're looking at. At any given moment there would be 29 vehicles.
This one comes in,this one leaves.
MR. DEEB-I'm fine with that. I'm okay with that.
MRS. MOORE-So it is,physically what he's describing is the taxi and the employee are the same number.
MR.HALL-Correct.
MR. TRAVER-Because they pick up a taxi when they park.
MR.HALL-Right/
MRS. MOORE-I just want to make sure that.
MR. MAGOWAN-It's a numbers game. Don't get caught up in it.
MR. TRAVER-We don't have to get caught up in it. We just have to put a limit on it.
MR. MAGOWAN-And I don't want to affect his business model and I think what he's going to do to the
building and make that area nicer with the fencing,some planting and that,and I really,I understand. Just
46 I just couldn't do.
MR.HALL-That's okay.
MR. TRAVER-Well we're not talking about 46 now. We're talking about 29.
MR. MAGOWAN-Are you going to clear any of those trees out of there?
MR.HALL Just the brush.
MR. DEEB-It was overgrown.
MR.HALL-It's overgrown,yes. The building's been vacant for about five or six years and when a building's
vacant like that and nobody's taking care of it,it doesn't take long for the shrubbery to grow up and the
weeds to grow and everything else. Once they get in there and they're there on a regular basis,it will be a
lot better maintained than what it is currently.
MR. DEE&Well, I mean once you get it cleaned up and you get the cars neatly put in there, I think it'll
improve the property and the fencing,you know, the white vinyl stockade fence that's running from the
corner of the building out is going to hide two-thirds of that that's back there anyhow.
MR. DEEB-Okay, and no used car sales at that property?
MR. COHEN-That's fine.
MR.TRAVER-And so there would not be any vehicles on the site that would not be registered for the road.
Correct? In other words any vehicle that would be, of the 29 vehicles, all of them,if they're on the site,
they would have a license plate and they would be current.
MR. COHEN-Not necessarily. If it's something that's being processed to be put back on the road.
MR. DEEB-If it replaces a cab with another cab,you'll transfer that plate.
MR.HALL-They'll be viable. They may not be all ready. They're livery titled cars.
MR. TRAVER-I guess in my head I'm just thinking trying to avoid like junk vehicles,they're not.
MR.HALL-Right.
MR. TRAVER-Okay.
MR. MAGOWAN-Now what about traffic use? What can we do for Phillips Avenue?
MR.HALL-Well that's one of the things that I was looking at. We've got this massive opening on Phillips
Avenue,and really all we need is the front part of it to come in to the lot,because you can come in this way.
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(Queensbury Planning Board 07/26/2022)
We could actually cut that down by a significant amount and make an in at the top and an out at the
bottom for the use of that. So right now,Laura,can you pull up the aerial picture again? It's open from the
grassed area on the top up there by the landscape area. It's a complete curb cut all the way down. We
could close off part of it between, because there's an overhead door that's centered on the peak of the
building. So we could get rid of some of that,like where Laura's drawing. Where she's got that yellow
we could cut that down so that there's just an in and out up top and an in and out for the overhead door
portion of it.
MR. TRAVER-Okay. Yes. So that would cut down on the vehicles going in and out.
MR. HALL-Absolutely. And I don't think that's a side of the building that you intend to use that much
anyway?
MR. DEEB-No,I don't think it's going to be a huge impact to traffic.
MR.HALL-No.
MR. MAGOWAN-No,but it would help maybe some of the people maybe thinking of it as a cut through.
MR. TRAVER-Right.
MR. MAGOWAN-And I'm sure a lot of the people that are doing the cut through are coming off of Dix
Avenue because sometimes that light does get a little backed up.
MR. TRAVER-So that's on the west side of the property?
MR.HALL-East.
MR. MAGOWAN-East.
MR. DIXON-So on Phillips.
MR. TRAVER-Right. Okay.
MR. DIXON-So applicant is going to reduce the curb cut on Phillips Avenue. I don't know how else you
want to describe that.
MRS. MOORE-I think that's sufficient. They're providing maybe two car lengths to reduce the curb cut
access. So at least two car lengths. That's 1S feet.
MR. TRAVER-So reduce it by two car lengths.
MR.HALL-No,we'd reduce it two,two car lengths on the top and two car lengths on the bottom.
MR. TRAVER-Okay.
MR.HALL-Currently it's about a,I want to say it's about a 65 foot I'm just going by scale of this. This at
100 feet is pretty close to what that is across here. So if we cut it down to an 1S foot or 20 foot we'll cut
about 40 feet out of it.
MR. TRAVER-Okay.
MR.HALL-So we would reduce it to two 20 foot openings.
MR. TRAVER-Two 20 foot openings. Okay.
MR.HALL-On the Phillips Avenue side.
MRS. MOORE-So in terms of sales and things like that, so I just want to be clear that if you remove, the
applicant and the Board agreed to remove that auto sales,but remember passenger and limousine service
is,this is the way it's defined is establishment with taxis,passenger cars for hire and limousines are stored,
serviced and dispatched. So the service still maintains there.
MR. DEEB-So how many limousines do you have?
MR.COHEN-I have zero limousines. It was something that we did down the road,but it's not something
I`m currently looking into. That whole market's changing.
MR. DEEB-Because you'll have to store them in there if you get one or two.
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MR. MAGOWAN-You did them at the Deli?
MR.HALL-No,that's a different guy.
MR. COHEN-We had them in Vermont.
MR.TRAVER-So,hypothetically then,for this site,we could approve,the only business would be taxi and
limousine service.
MRS.MOORE-That's the site plan review title of it,is called a passenger limousine service. And it includes
taxis.
MR. TRAVER-So not sales. Okay.
MR. DEEB-So no current plans to buy limos?
MR. COHEN-No.
MRS. MOORE-It would be, at that point, so if he wishes to use a limousine,it wouldn't change what the
definition of this project is.
MR. DEEB-Right. I understand,but what if we,if we excluded the limousine.
MR.HALL-That's the LLC.
MR. COHEN-At the time when we started.
MR.HALL-And this was prior to the Schoharie accident and as Vance says,that has completely changed.
That market, I had two people who I knew that were in that market who owned stretch Humvee's, sold
them as soon as that accident happened.
MR. TRAVER-Yes.
MR. COHEN-'We don't even operate our 12 passenger vans anymore. Insurance companies won't cover
them.
MR.HALL-The insurance companies will not touch them anymore.
MR.DIXON-1 know one of the concerns,though,that the applicant has brought up,if we limit that there's
no sales,however he's going to be removing some taxis from service.
MR. TRAVER-No sales on this site.
MR.HALL-Right.
MR. TRAVER-But they can be sold elsewhere.
MRS.MOORE-So this applicant could potentially come back to this Board and say now I want to add auto
sales. He can do that at any time as part of a new site plan application.
MR.HALL-That would be a completely new site plan application.
MR. TRAVER-Yes.
MR. DIXON-Okay.
MR. TRAVER-So I think we've covered everything.
MR. DIXON-Does the Fire Marshal have to look at this?
MRS. MOORE-Yes.
MR.HALL-Yes.
MR. TRAVER-And this time we even did the public hearing I think. Right?
MRS. MOORE-You did not close the public hearing,though.
MR. TRAVER-Okay. So we'll go ahead and close the public hearing.
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PUBLIC HEARING CLOSED
MR. DIXON-Mr. Chairman,I have two more questions.
MR. TRAVER-Yes,sir.
MR. DIXON-First, on your plan you show the white vinyl fence which I like the vinyl fence. You're
showing it as being six feet high. I thought Code compliant was four from the beginning of the building.
MRS. MOORE-So it's a good thing it's on the plan. So commercial fence is required for site plan review.
There's no height limit. It just has to be within reason. So six feet is part of the site plan review for a
commercial project as part of the review process.
MR. DIXON-All right,and on the west side it's a four foot chain link fence I believe.
MR.HALL-Yes.
MR. DIXON-Do you own the residence next door to that,or is that private property?
MR. COHEN-I tried to buy it at a tax auction recently.
MR.HALL-Vance tried to be the owner of it.
MR. DIXON-Okay. So one of my thoughts and potential concerns,since these are taxis,especially during
the winter hours as people are pulling in,the headlights. Instead of being a chain link, I wondered if you
would be open to considering vinyl on that side as well,too. I'm just concerned that during those evening
hours,because you're going to have traffic until It p.m.,eventually,if it should be a house.
MR.HALL-Is it okay at four feet,or do you want us to make that taller as well?
MR. DIXON-I'm comfortable with the four feet.
MR. TRAVER-Four feet would be above the headlights.
MR.HALL-Yes. Okay.
MR. TRAVER-All right. Well I think we're about ready for a.
MRS. MOORE-So you want to make sure in your motion that you include that auto sales and service,the
title auto sales and service is removed from the application,and it's strictly the passenger limousine service.
MR. TRAVER-Okay.
MR. DIXON-Let me get the exact wording on that.
MR. MAGOWAN-Does that mean he can still sell his cars?
MR. TRAVER-Not on that site. On another site.
MR.HALL-Not on that site. He can still service his taxi fleet there,but you can't sell from there.
MR. DIXON-I don't even see,what were you proposing for the sign? I don't even see the sign?
MR.HALL-The existing sign is,there's four trees in the middle there. There's an existing well there with
a sign over it and there's a roof and a sign that goes underneath it,that's the same spot that you're looking
to have that.
MR. TRAVER-Existing sign.
MRS. MOORE-Mike, I noted there's items one through six on the end of my Staff Notes. So Item Six,
that's already been taken care of. That was removal of the backhoe, and Five is now, we've reduced that
to 30 parking spaces.
MR. DIXON-Thirty or twenty-nine?
MR. TRAVER-Twenty-nine.
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MR. COHEN-As far as the removal of the backhoe, I took it off the property. I was never selling it,
intentionally selling it. Somebody had called and said is it for sale.
MRS. MOORE-And it was brought to my attention.
MR. COHEN-That's why we moved it,but I do use it for snow removal.
MR. TRAVER-So it wouldn't be there all winter,though? It would just be there during the snow removal
process. Right?
MR. COHEN-It can come in and out just to be serviced.
MR. DEEB-Otherwise it will sit in the garage.
MR.HALL-Yes. DuFour's was running all their backhoes and stuff in and out of there on trailers. I think
that's a 20 foot overhead door. I think there's 10 panels. It's pretty good sized,big enough that a tractor
trailer will fit in.
MR.LONGACKER-Do you know where your septic is? Plans from 1990 show it in the front and the plan
that you provide shows it in the back.
MR.HALL-Yes,I think it's in the front.
MR. LONGACKER-You just don't want to drive on it.
MR. HALL-We had assumed it was in the back and then I FOIL'd the stuff from Laura and they all of a
sudden came up with a septic as built that shows it in the front. I'll buy it.
MR. LONGACKER-Are you going to move it,though,since you can't drive on it?
MR.HALL-It's not even a drive area. I'm sure that that was over constructed.
MR. MAGOWAN-But if that's something that you can actually locate while you're cleaning everything
out that would be nice,just so we know.
MR.HALL-We'll make sure that the final as built gets added to the site plan.
MR. TRAVER-Are you all set?
MR. DIXON-1 think I'm ready.
MR. TRAVER-Okay. Well let's hear it.
RESOLUTION APPROVING SP#43-2022 QUEENSBURY TAXICAB&LIMOUSINE SERVICE,LLC
The applicant has submitted an application to the Planning Board: Applicant proposes to reuse existing
2,256 sq. ft. commercial building to operate taxi service. Designated uses are to include maintenance of
vehicles used for taxi service,office space for dispatch and office clerks,auto body and mechanical repairs,
and auto sales of used ear Pursuant to chapter 179-3-040,179-9-020,site plan review for a plan older than
7 years 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 7/26/2022 and continued the
public hearing to 7/26/2022 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 7/26/2022;
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 43-2022 QUEENSBURY TAXICAB &z LIMOUSINE
SERVICES,LLC,Introduced by Michael Dixon who moved for its adoption;
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(Queensbury Planning Board 07/26/2022)
Per the draft provided by staff conditioned upon the following conditions:
1) Waivers request granted: j. stormwater, k. topography, n traffic, o. commercial alterations/
construction details,q. soil logs,r. construction/demolition disposal.
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.
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) Taxi hours of operation will be limited to 5 a.m.to 11 p.m.
i) Garage work hours of operation will be limited to 9 a.m.to 5 p.m.
j) No car sales will be allowed at this location.
k) Site will be limited to 29 vehicles on the lot.
1) Service garage limited to repair of existing fleet only. Any change to this requires Site Plan
approval.
m) Applicant to reduce curb cut on Phillips Avenue to the equivalent of two 20 foot openings.
n) Applicant to replace four foot chain link fence on the western side of the property with a
four foot vinyl fence.
o) Existing sign will only indicate taxi and limo service versus automotive sales and services.
p) Final plans should reference current floor plans.
q) Project description should remove the phrase"and auto sales of used cars".
Motion seconded by Brad Magowan. Duly adopted this 26`h day of July 2022 by the following vote:
MRS. MOORE-So I just have,in reference to final plans,final plans should reference the floor plan of the
building,the correct floor plan from the previous application, and the fence length needs to be noted, and
the other item simply to be updated.
MR. DIXON-So final plans should reference the original floor plans.
MR.HALL-Floor plans as they are.
MR. TRAVER-The current,not proposed floor plan.
MRS. MOORE-And then finally "and auto sales of used cars" needs to be removed from the project
description.
MR. DIXON-Okay.
AYES: Mr. Stark,Mr. Magowan,Mr. LaSarso, Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Traver
NOES: NONE
MR. TRAVER-You're all set.
MR.HALL-Thank you very much. We appreciate your time this evening.
MR. TRAVER-Is there any other business before the Planning Board this evening? Hearing none, I'll
entertain a motion to adjourn.
MR. DEEB-So moved.
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JULY 26TK,2022,
Introduced by David Deeb who moved for its adoption,seconded by Michael Dixon:
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(Queensbury Planning Board 07/26/2022)
Duly adopted this 26`h day of July, 2022, by the following vote:
AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Stark,Mr. Magowan,Mr. LaSarso,Mr. Traver
NOES: NONE
MR. TRAVER-We stand adjourned. Thanks,everybody. See you next month.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Stephen Traver,Chairman
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