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03-30-2023 (Queensbury Planning Board 03/30/2023) QUEENSBURYPLANNINGBOARD MEETING THIRD REGULAR MEETING MARCH30Tr,2023 INDEX Site Plan No.24-2023 Schermerhorn Properties,LLC 1. SEEK LEAD AGENCY Tax Map No.296.11-1-23,24&25 Site Plan No. 69-2022 Garden World Associates 2. Petition for Zone Change 5-2022 Tax Map No. 302.5-1-49;302.5-1-50 Site Plan No.20-2023 Richard Selkow 4. Freshwater Wetlands 4-2023 Tax Map No.252.-1-20 Site Plan No.13-2023 Hospitality Syracuse/Binley 6. Tax Map No. 303.15-1-27 Site Plan No.14-2023 Hospitality Syracuse/Binley(Taco Bell) 11. Tax Map No. 303.15-1-27 Site Plan No.IS-2023 Hudson Headwaters Health Network 15. Tax Map No. 30S.16-2-4.3 Site Plan No.22-2023 Schermerhorn Real Estate Holdings 20. Tax Map No. 309.10-1-63 Site Plan No.25-2023 Foothills Builders/FHB Apartments 24. MODIFICATION Tax Map No. 309.10-1-25 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH'S MINUTES(IF ANY)AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury Planning Board 03/30/2023) QUEENSBURY PLANNING BOARD MEETING THIRD REGULAR MEETING MARCH 30TK,2023 7.00 P.M. MEMBERS PRESENT STEPHEN TRAVER,CHAIRMAN DAVID DEEB,VICE CHAIRMAN MICHAEL DIXON,SECRETARY WARREN LONGACKER BRADY STARK BRAD MAGOWAN FRITZ STEFANZICK,ALTERNATE MEMBERS ABSENT NATHAN ETU LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR.TRAVER-Good evening,ladies and gentleman. Welcome to the Town of Queensbury Planning Board meeting for Thursday, March 30`h, 2023. This is our third meeting for March and our seventh meeting thus far for 2023. Please make note of the illuminated exit signs. In the event of 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, and we also ask that, aside from the public hearing portion of our meetings,if you wish to have a conversation amongst yourselves,if you would move to the outer lobby for that conversation so as not to interfere with the minutes. We do record the meetings for the official minutes of the meeting. With that we will begin with one Administrative Item we have for Site Plan 24-2023 for Schermerhorn Properties. ADMINISTRATIVE ITEM: SITE PLAN 24-2023 SCHERMERHORN PROPERTIES,LLC,SEEK LEAD AGENCY MR. TRAVER-And that is for the Planning Board to Seek Lead Agency Status. Laura? MRS. MOORE-So this application is demolishing an existing home, shed, pool at 60 Walker Lane, and then the construction of two 20 unit apartment buildings with associated site work. The project includes merging three parcels and connection to municipal sewer and water. The reason for seeking SEQR Lead Agency is due to the district expansion of the sewer. So it needs to go through coordinated review with the Town Board. MR. TRAVER-Understood, and we're requesting to be that Lead Agency. MRS. MOORE-Yes,because there's a project associated with it. MR. TRAVER-Okay. Questions, comments about that referral from members of the Board? If not we have a motion to Seek Lead Agency. RESOLUTION TO SEEK LEAD AGENCY STATUS SP#24-2023 SCHERMERHORN PROPERTIES WHEREAS,the applicant proposes to demolish an existing home, shed and pool at 60 Walker Lane and construct two 20 unit apartment buildings with associated site work. Project includes merging 3 parcels and connection to municipal sewer and water. The project properties to be combined will be associated with the adjacent apartment complex on the West side property. The project is subject to a Town Board review for sewer district expansion. Pursuant to chapter 179-3-040,179-5-100&179-5-050, site plan for a multi-family dwelling project in the office zone shall be subject to Planning Board review and approval. WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review process under the State Environmental Quality Review Act(SEQRA). WHEREAS, the Planning Board of the Town of Queensbury has identified the project to be an unlisted action for purposes of SEQR review pursuant to 6 NYCRR 617. WHEREAS,the Planning Board is the agency most directly responsible for approving the action because of its responsibility for approving the land uses for the property. 2 (Queensbury Planning Board 03/30/2023) NOW,THEREFORE BE IT RESOLVED,the Planning Board of the Town of Queensbury hereby indicates its desire to be lead agency for SEQRA review of this action and authorizes and directs the Zoning Administrator to notify any other potentially involved agencies of such intent. That Part I of the SEQRA form will be sent to the following agencies: MOTION TO SEEK LEAD AGENCY STATUS IN CONNECTION WITH SITE PLAN 24-2023 SCHERMERHORN PROPERTIES, LLC, Introduced by Michael Dixon who moved for its adoption, seconded by Fritz Stefanzick. As per the draft resolution prepared by staff. Duly adopted this 30`h day of March 2023 by the following vote: AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Traver NOES: NONE ABSENT: Mr. Etu MR.TRAVER-Okay. Thank you,and next we move to our regular agenda. The first section being Tabled Items, and the first item being Garden World Associates. It's Site Plan 69-2022 and Petition for Zone Change 5-2022. TABLED: SITE PLAN NO. 69-2022 PETITION FOR ZONE CHANGE 5-2022 SEQR TYPE: TYPE I (NEG. DECLARATION 11/29/2022). GARDEN WORLD ASSOCIATES. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING: CI. LOCATION: 2 CARLTON DRIVE/537 AVIATION ROAD. (REVISED) APPLICANT PROPOSES A PARKING LOT EXPANSION ON A 1.09 ACRE PARCEL. THE PROJECT INCLUDES SITE WORK FOR ADDITIONAL HARD SURFACE, PERMEABLE ASPHALT. ADDITIONAL LANDSCAPING BUFFER HAS BEEN ADDED BETWEEN USES. THE EXISTING RESTAURANT WILL REMAIN AS IS. THE PROJECT SITE HAS COMPLETED A PETITION OF ZONE CHANGE WITH THE TOWN BOARD AND SEQR WITH THE PLANNING BOARD. PLANNING BOARD PROVIDED A RECOMMENDATION TO THE ZONING BOARD OF APPEALS FOR MARCH 28, 2023 PURSUANT TO CHAPTER 179-3-040,PARKING LOT EXPANSION IN THE CI ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 49-2017, AV 44-2017,AV 50-2022. WARREN CO. REFERRAL: OCTOBER 2022. SITE INFORMATION: TRAVEL CORRIDOR OVERLAY. LOT SIZE: .32 ACRES,.76 ACRES. TAX MAP NO. 302.5-1-49, 302.5-1-50. SECTION 179-3-040,179-15-040. JON ZAPPER&TOM CENTER, REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-So this application, in reference to a parking lot expansion for a 1.09 acre parcel.. The project includes site work for additional hard surfacing, permeable asphalt, an additional landscaping buffer to the adjoining property. The applicant received the variance last evening in increasing the permeability to 15.10/o where 300/o is required. So that was granted. MR. TRAVER-Okay. Thank you. Good evening. Welcome back. MR. ZAPPER-Good evening, everyone. For the record,Jon Lapper with Tom Center, project engineer, and Fred Troelstra on behalf of the applicant,is behind us. So as Laura mentioned,we've been here twice., You were SEQR Lead Agency,recommended the re-zoning to the Town Board and then recommended the variance.. We were at the Zoning Board for two meetings because we hadn't heard from the immediate neighbor until we were at the Zoning Board a month ago, and she came and said she's a tenant but she's going to buy the property next door and asked for a bigger buffer and the Zoning Board asked us to go back and re-consider that. So on that backside it's shown,and Tom will give you the details,instead of making them perpendicular,we made those spaces parallel. So now there's a 14 foot buffer,six foot vinyl stockade fence,arborvitaes and low perennials that they can,on top of. So it just created more of a buffer. The site slopes away from that fence. So she's protected, and with that the Zoning Board approved it last night. So we're here to seek site plan approval on that. We do have a LaBella signoff already on this. MR. TRAVER-All right. Thank you. Questions,comments from members of the Board? 3 (Queensbury Planning Board 03/30/2023) MR. MAGOWAN-I would just like to thank you for making the accommodations. I know you're trying to grab as much spot as you can because that's a hot spot. Everybody loves it there,but thank you. MR. TRAVER-We do have 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 takers. Laura,are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There are no public comments. MR. TRAVER-Okay. Then with that we will close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-Any final comments or questions from members of the Board? MR. DIXON-Two questions. On the plan there's a utility pole that's going to be re-located. Where is that going to be re-located to? I didn't see where it was going to be located. MR. CENTER-We're hoping to re-locate the power to one of the utility poles along the side,existing,one of the side utility poles to the east. MR. DIXON-Are you planning on putting utilities underground at that point? MR. CENTER-They may go underground. It depends. It's a guide wire and a pole. We're going to have to work with National Grid. MR.DIXON-And since last time you were visiting with us,any change to the lighting in that area? I don't think you had. MR. CENTER-No,no lighting. MR. TRAVER-Anyone else? All right. I guess we're ready to consider that motion. RESOLUTION APPROVING SP 69-2022 PETITION FOR ZONE CHANGE 5-2022 GARDEN WORLD The applicant has submitted an application to the Planning Board:(Revised)Applicant proposes a parking lot expansion on a 1.09 acre parcel. The project includes site work for additional hard surface,permeable asphalt. Additional landscaping buffer has been added between uses. The existing restaurant will remain as is. The project site has completed a petition of zone change with the Town Board and SEQR with the Planning Board.Planning Board provided a recommendation to the Zoning Board of Appeals for March 2S, 2023. Pursuant to chapter 179-3-040, parking lot expansion in the CI zone shall be subject to Planning Board review and approval.Variance: Relief is sought for permeability. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board has reviewed the potential environmental impacts of the project,pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration Determination of Non-Significance; The Planning Board made a recommendation to the Zoning Board of Appeals on 11/29/2022-1 the ZBA approved the variance requests on 2/29/2023-1 The Planning Board opened a public hearing on the Site plan application on 11/29/2022 and continued the public hearing to 3/30/2023,when it was closed, The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 3/30/2023; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN 69-2022&z PETITION OF ZONE CHANGE 5-2022 GARDEN WORLD ASSOCIATES;Introduced by Michael Dixon who moved for its adoption. 4 (Queensbury Planning Board 03/30/2023) According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted: g. site lighting, h. signage, o. commercial alterations/ construction details,p floor plans,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; 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 Brad Magowan. Duly adopted this 30`h day of March 2023 by the following vote: AYES: Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Magowan, Mr. Stefanzick,Mr. Deeb, Mr. Traver NOES: NONE ABSENT: Mr. Etu MR. TRAVER-You are all set. FRED TROELSTRA MR. TROELSTRA-Thanks very much. MR. TRAVER-All right. The next section of our agenda is Old Business and the first item is Richard Selkow. This is Site Plan 20-2023 and Freshwater Wetlands permit 4-2023. OLD BUSINESS: SITE PLAN NO.20-2023 FRESHWATER WETLANDS 4-2023 SEQR TYPE: TYPE II. RICHARD SELKOW. AGENT(S): EDP. OWNER(S): SAME AS APPLICANT. ZONING: RR-5A. LOCATION: 185 LOCKHART MOUNTAIN ROAD. APPLICANT PROPOSES TO REMOVE A SHED STRUCTURE TO BUILD A 768 SQ.FT.GARAGE. THE GARAGE WILL BE METAL SIDING WITH A GARAGE DOOR. THE EXISTING 1,375 SQ. FT. HOME IS TO REMAIN UNCHANGED. THE PROJECT OCCURS WITHIN 100 FT. OF A DESIGNATED WETLANDS AND IS WITHIN 15% SLOPES. SUBJECT TO CHAPTER 179-5-020 AND CHAPTER 94, SITE PLAN FOR WORK WITHIN 100 FT. OF WETLANDS AND POSSIBLE WORK WITHIN 50 FT. OF 15% SLOPES SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 82-1996, AV 33-1999, AV 12-2023. WARREN CO. REFERRAL: MARCH 2O23. SITE 5 (Queensbury Planning Board 03/30/2023) INFORMATION: WETLANDS, SLOPES. LOT SIZE: .882 ACRE. TAX MAP NO. 252.-1-20. SECTION: 179-5-020,CHAPTER 94. CLARK WILKINSON,REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-This application is to remove an existing shed to construct a 76S square foot garage and it's within 100 feet of a designated wetland. The applicant did receive their variance last evening for setbacks and a reminder that it's 56 feet from the wetlands. MR. TRAVER-Okay. Thank you. Good evening. Welcome back. MR. WILKINSON-Good evening. My name is Clark Wilkinson of Environmental Design Partnership. I'm here to represent the client. Connor DeMyer who was here on Tuesday night for you,couldn't make it tonight. I had to be here anyway. So based on that again it's a relatively simple project. They're taking down the existing barn and shed and trying to re-build a new one. There's some restrictions on the site that basically leave it with really no other place to put this,and by trying to keep it as far as we could away from all the wetlands and setbacks and everything else,and we did get approval last night for the variances. So we're here tonight to seek Site Plan. At this time I'll turn it over to the Board for any questions or comments. MR. TRAVER-Okay. In your discussion with the ZBA,were there any changes to your design,your plan? MR.WILKINSON-No,there weren't. MR. TRAVER-No. All right. Questions, comments from members of the Board? We do have a public hearing on this application tonight as well. Is there anyone in the audience that wanted to address the Planning Board on the Selkow application? Laura,were there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. Then we can close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-If there are no other questions or comments,we will entertain that motion. RESOLUTION APPROVING SP#20-2023 FRESHWATER WETLANDS 4-2023 SELKOW The applicant has submitted an application to the Planning Board: Applicant proposes to remove a shed structure to build a 76 S sq.ft.garage. The garage will be metal siding with a garage door. The existing 1,375 sq. ft. home is to remain unchanged. The project occurs within 100 ft. of a designated wetlands and is within 150/o slopes. Subject to chapter 179-5-020 and chapter 94, site plan for work within 100 ft. of wetlands and possible work within 50 ft. of 150/o slopes 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 3/2S/2023; the ZBA approved the variance requests on 3/29/2023-1 The Planning Board opened a public hearing on the Site plan application on 3/30/2023 and continued the public hearing to 3/30/2023,when it was closed, The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 3/30/2023; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN 20-2023 &z FRESHWATER WETLANDS 4-2023 RICHARD SELKOW;Introduced by Michael Dixon who moved for its adoption. 6 (Queensbury Planning Board 03/30/2023) 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; 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 Fritz Stefanzick. Duly adopted this 30`h day of March 2023 by the following vote: AYES: Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Stefanzick, Mr. Deeb,Mr. Dixon,Mr. Traver NOES: NONE ABSENT: Mr. Etu MR. TRAVER-You're all set. MR.WILKINSON-Thank you for your time. MR. TRAVER-The next section of our agenda is New Business, and the first item is Hospitality Syracuse/Binley Florist. This is Site Plan 13-2023. NEW BUSINESS: SITE PLAN NO.13-2023 SEQR TYPE: TYPE II. HOSPITALITY SYRACUSE/BINLEY AGENT(S): BOHLER ENGINEERING. OWNER(S): BINLEY FLORIST, INC./WALLACE HIRSCH. ZONING: CI. LOCATION: 773 QUAKER ROAD. APPLICANT PROPOSES MINOR SITE MODIFICATIONS TO THE EXISTING BINLEY FLORIST AND GARDEN CENTER PARCEL FOR THE PROPOSED RESTAURANT ON THE ADJOINING PARCEL. THE PROJECT PARCEL IS PART OF A TWO LOT SUBDIVISION. THE 7.18 ACRE PARCEL WILL BE SUBDIVIDED INTO A 5.83 ACRE PARCEL FOR BINLEY FLORIST AND GARDEN CENTER AND A 1.35 ACRE PARCEL FOR A PROPOSED RESTAURANT. THE MODIFICATIONS ARE PRIMARILY FOR THE ACCESS AREAS THAT ADJOIN THE TWO LOTS. THE EAST PROPERTY LINE AREA WILL BE RE-STRIPED FOR PARKING AND ACCESS BETWEEN THE TWO PARCELS. A PORTION OF THE CURB CUT OF THE RESTAURANT DRIVE-THRU AISLE WILL BE LOCATED ON THE 7 (Queensbury Planning Board 03/30/2023) BINLEY FLORIST LOT. PURSUANT TO CHAPTER 179-3-040, SITE PLAN MODIFICATIONS FOR ACCESS AND PARKING IN THE CI ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 14-2005,SP 44-2014,AV 17-2017,DISC 3- 2017, SP 21-2017. WARREN CO. REFERRAL: MARCH 2O23. LOT SIZE: 7.21 ACRES. TAX MAP NO. 303.15-1-27. SECTION: 179-3-040. CARYN MLODZIANOWSKI&SAM BURDEN,REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-So this application is minor site modifications of the existing Binley Florist and garden center parcel for the proposed restaurant on the adjoining parcel. The applicant improves certain aspects with landscaping,new parking lot striping and ways to get,blocking off what currently is sort of existing curb cut areas,even though he's blocked it off. This is now permanently blocked off with landscaping. MR. TRAVER-Okay. Thank you. Good evening. Welcome. MS. MLODZIANOWSKI-Good evening. For the record I'm Caryn Mlodzianowski and Sam Burden from Bohler Engineering and we're here to represent Michael McCracken with Syracuse,Inc.this evening. The first portion of our agenda items this evening is for the Binley Florist property, We did subdivide the property. We received approval for that. So 5.35 acres will remain with the property. As Laura mentioned,we will have a cross connection between both the newly created parcels of the subdivision and in this area here which is closer to the intersection, we are closing both of those curb cuts permanently. So there will be curb and a landscaped area and we will be re-striping the parking in that area to supplement the parking. We're also proposing landscaping between the two properties as well here. Other than that,everything else,operationally and site wise,pretty much remain the same. So we would like to request that site lighting, signage, stormwater, topography, landscaping, traffic, commercial alterations,construction details,floor plans,soil logs,construction demolition disposal and snow removal be waived. MR. TRAVER-This is for the Binley project. MS. MLODZIANOWSKI-For the Binley project. Correct. MR. TRAVER-We did receive a comment from the County Planning Board inquiring about a walkway that is considered a hazard for pedestrians and there's going to be some increased potential for pedestrian traffic with the proposal for the restaurant area. So is that something that you could consider as part of your plan? MS. MLODZIANOWSKI-We did look at that. So within this area here, the drainage is handled by a roadside ditch that goes through the area. So that may be one of the reasons the area doesn't have any sidewalks at all today is that frontage is pretty tight and does have the stormwater management that's there. Realistically I'm not sure there's going to be much more foot traffic than there is. We're next to Dunkin Donuts,but other than that,there's really not a walkable area as it is today. So I'm not sure that this would generate that need so much other than potentially our adjacent neighbor. MR. TRAVER-Okay. Questions,comments from members of the Board? MR. MAGOWAN-I have one. I mentioned last time when we subdivided making sure that there's,since you're having the access road and the parking on the side from the restaurant over to Binley's and since I do travel that,I know cars back up a lot of times up on Dix, and there can be a lot of traffic there. What I'm afraid,people will use that access road to cut that corner, cut that light,cut through Binley's and get back out onto Quaker Road. I wanted to make sure that,in looking at this picture here, and from what I could see from visually being up there,that there is enough room to get around and do that cut through. MS. MLODZIANOWSKI-So as far as? MR. MAGOWAN-People coming on that access road there, and then they can cut across and go around the front of Binley's and then come back out onto Quaker Road. MR. STEFANZIK-So even people who are purchasing products at say Taco Bell can purchase and also drive through Binley's to get onto Quaker if they want to. I think that's what Bill's saying. MR. TRAVER-Maybe you can put some signage or something there. MS. MLODZIANOWSKI-Yes, we'd be happy to look at adding signage there. Obviously the cross connection is important for the two properties with the situation with the intersection access,but if a sign was requested,that's something we could entertain. S (Queensbury Planning Board 03/30/2023) MR. MAGOWAN-I'm not asking for a sign. I'm asking for a diagonal blockage across that corner. Signs are not even a deterrent. We had them at McDonald's that you could come by, come through the back side of Aviation Road. You had to seethe traffic there,and they had to re-design everything to make it just a royal pain in the neck to do it. So, signage,no. I'm not asking for a sign. I asked in the other meeting when you do that make sure that it can't happen because it will happen. I can guarantee you. So whatever we can do to eliminate that,you know,because they can still get to Binley's,you know,by parking on the side, coming across and parking on the side of the building where you have all those parking spots. Correct? Am I looking at this correctly? MS. MLODZIANOWSKI-Yes,they can. MR. BURDEN Just to note, though,the driveway we're proposing, there's a driveway there already. So that action could be potentially already happening. And you're saying? MR.MAGOWAN-Yes,and no,okay. For one it's just one property now. So most people that go in there, you know, and it can be tight,but now I'm thinking people getting into the Taco Bell and they've got to pull back out,all right. There's going to be a line of traffic and the light there. So I'm asking that. MS. MLODZ IANOWSKI-Rather than it be a straight across,if there's some way to jog it maybe? MR. MAGOWAN-Yes. Some way to jog it so people can get close enough to Binley's. I don't want to interrupt anything,but I just know what's going to happen. I've seen it allover. MS. MLODZIANOWSKI-So if there's something we could do to jog it kind of on this end? MR. MAGOWAN-No. You see here on this picture, you see where that propane tank is? That's, you know, and then the space between that and the road. Do you see what I'm saying? There's enough. Because what I'm looking at is the parking lot along Dix Avenue is right here, okay, and then that access road comes over to those parking lots. Is that what I'm seeing,right,on the sign? MS. MLODZIANOWSKI-You'd be heading towards the propane tank from Taco Bell. Yes. MR. MAGOWAN-So right there where that tank is on that corner, I mean, so if you cut that corner off right at the corner of the Binley building,back out to the corner of the Binley building out to the corner of Quaker and Dix,make sure that they can't get around that,all right. MRS. MOORE-So they're adding this use to it, but they also need to disperse the traffic. So I don't understand your cut through idea,but if you're trying to, so,yes,there may be a buildup on Dix. So you also want to disperse the traffic so you minimize that buildup on Dix. So a person who's exiting Taco Bell could maneuver to get to Quaker because that's where they're going. MR. MAGOWAN-That's what I'm trying to eliminate. MRS. MOORE-But why? MR. MAGOWAN-Why? MRS. MOORE-Yes,sorry. MR.MAGOWAN-Because there's not a whole lot of room there and it's going to become a huge,and once people see the people are doing it from Taco Bell,you're going to get people pulling off Dix Avenue. It's going to become a road. It's going to become another nightmare like McDonald's was. MR. STARK-Can I just step inhere for one second. I mean I don't think traffic is going to be a huge issue with this. We literally have a traffic study that says,you know,it's not anticipated to have a significant impact on the traffic. I don't think that the traffic's going to be an issue to be honest. I understand it's a tricky intersection. I just don't think that,just my two cents. MR. MAGOWAN-Fine with me. MR. DEE&Well,I'm concerned,the exit from Taco Bell,it's going to be two ways,you can go either right or left. That could be a problem. Whereas if we leave that opening there, and somebody's leaving Taco Bell,instead of going to Dix Avenue to turn right,if they go through the Binley's lot and go to Quaker Road, then they can turn right there. That might alleviate some of the problem, instead of exacerbating it. I think that,I agree with you,Laura. I think that,you know. MR.MAGOWAN-I agree,it will alleviate the problem,but it's going to be creating a problem in that,look at the McDonald's on Route 9,what happened there with that cut through,and then,you know,it started with a couple of people, and then the next thing you know people were turning at that light on Greenway 9 (Queensbury Planning Board 03/30/2023) and then coming through the back of McDonald's to pull out, you know, so they were eliminating two lights. I'm just putting my opinion out. I'm not abetting man,but I'm going to hunch down on this one. MR. DEEB-I think the traffic patterns are different between McDonald's and here. I think we need to compare apples to apples in this situation. I really think there really isn't much of a problem with people coming east on Dix to turn right on Quaker. There's never really been a real problem. MR. MAGOWAN-All right. How about this. If it does become a problem, can we have a condition in there that it's addressed? MR. DEEB We already have a traffic study. MR. MAGOWAN-We can't do that,can we? MRS. MOORE-Well there's no,you would have to have a reason for that. You're offering your opinion. MR. MAGOWAN-It's an opinion. I'm not wrong too often. MR. TRAVER-If the traffic study showed a big change in the traffic loading, I could see that being a potential problem because people would notice the dramatic change in traffic flow, but with the traffic study and our engineer agreeing that there doesn't seem to be a major traffic,I don't think the traffic pattern would necessarily change for that corner,but I don't think it would hurt to put a no drive thru sign there or something there to keep people that might be thinking about going that way would see a sign saying, you know,no thru traffic or no exit or something to that effect. Determined people are not going to pay any attention to that, but you see that historically no matter where you are anyway, but I think that it might nip it in the bud,so to speak,but I think that the main issue that would drive that behavior would be a dramatic change in the traffic where before people maybe didn't have to wait a really long period of time. Now suddenly with this project there's a big change in the traffic study. That would tend to make people, I think, more likely to try to bypass the problem, but with the study reflecting that they don't anticipate a problem being created beyond what is already there. We already know that there are times when there's definitely, as Mr. Magowan said,there is definitely traffic backups on that corner. MR. MAGOWAN-Would Taco Bell get tied in with Dunkin Donuts,too? MR. TRAVER-Does it what? MR. MAGOWAN-Is the Taco Bell going to get,the access drive,get tied into the Dunkin Donuts? MRS. MOORE-No,they will not be tied together. And there's,and you can explain this further. There's a drainage channel that falls between the two. MR. MAGOWAN-I'm just worried about the people at Binley's,that,you know,because that could be a busy spot and,you know, or whatever it eventually down the road becomes, and you're going to get that cut through,all right. I've got a hunch. MRS. MOORE-You could potentially put a speed bump in that area. MR. MAGOWAN-All right. Well I just thought we were here on planning and like I said I've gone up against the engineers before in the studies but I see a problem here,but that's okay. I voiced my opinion. MR. TRAVER-Other questions,comments,concerns? MR. DEEB-This is a much different use than the last one that was proposed for that corner. The last one was a traffic disaster. MR. TRAVER-Yes. MR. DEEB-And that got squelched. They didn't come back to see us, but I think a good use for the property,this is a better use for the property. MR. TRAVER-And we're getting rid of the curb cuts. MR.DEEB-And we're getting rid of the curb cuts. Wally's 75. He's ready to get out. I think it fits pretty well. MR. TRAVER-Okay. 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 hands. Are there written comments,Laura? 10 (Queensbury Planning Board 03/30/2023) PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-All right. Then we will close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-If there are no other questions or comments,we'll entertain a motion. MR. DIXON-Before I read the motion,were we interested in any speed bumps,signage, addition? MR. DEEB-Signage. MR. TRAVER-Signage. Yes. MR. DIXON-Okay. MR. MAGOWAN-How about signage and a speed bump? MR. STARK-I'd be in favor of just the sign. MR. MAGOWAN-If anything it's going to slow people coming around that corner and not wipe anybody out going to Binley's. MR. STEFANZIK-I agree with Bill. MR. TRAVER-So am I hearing people want speed bumps? Would you be amenable to putting some kind of a speed bump? MR.BURDEN-One speed bump and a sign. MR. MAGOWAN-Three foot high. MR.TRAVER-All right. So conventionally designed speed bump and no drive thru signage. We'll include that as part of the conditions. MR. MAGOWAN-I do have to say while they're drawing this up I will be giving a yes to the vote because I really do believe this is a good project for that corner,but I did voice my concerns, and I've got a hunch. MS. MLODZIANOWSKI-We appreciate that. RESOLUTION APPROVING SP#13-2023 HOSPITALITY SYRACUSE/BINLEY The applicant has submitted an application to the Planning Board: Applicant proposes minor site modifications of the existing Binley Florist and Garden Center parcel for the proposed restaurant on the adjoining parcel. The project parcel is part of a two lot subdivision. The TIS acre parcel will be subdivided into a 5.S3 acre parcel for Binley Florist and Garden Center and a 1.35 acre parcel for a proposed restaurant. The modifications are primarily for the access areas that adjoin the two lots. The east property line area will be re-striped for parking and access between the two parcels. A portion of the curb cut of the restaurant drive-thru aisle will be located on the Binley Florist lot.Pursuant to chapter 179-3-040,site plan modifications for access and parking in the CI zone shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 3/30/2023 and continued the public hearing to 3/30/2023,when it was closed, The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 3/30/2023; 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, 11 (Queensbury Planning Board 03/30/2023) MOTION TO APPROVE SITE PLAN 13-2023 HOSPITALITY SYRACUSE/BINLEY; Introduced by Michael Dixon who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted:g.site lighting,h.signage,j.stormwater,k.topography,1.landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal; 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) The addition of a no thru (traffic) sign and the addition of a conventionally designed speed bump to be installed between the connection between Taco Bell and Binley's. Motion seconded by Brad Magowan. Duly adopted this 30`h day of March 2023 by the following vote: AYES: Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Traver NOES: NONE ABSENT: Mr. Etu MR. TRAVER-Also under New Business, the next application is Hospitality Syracuse/Binley/Taco Bell. This is Site Plan 14-2023. SITE PLAN NO. 14-2023 SEQR TYPE: TYPE II. HOSPITALITY SYRACUSE/BINLEY (TACO BELL). AGENT(S): BOHLER ENGINEERING. OWNER(S): BINLEY FLORIST,INC./WALLACE HIRSCH. ZONING: Cl. LOCATION: 773 QUAKER ROAD. APPLICANT PROPOSES TO USE A 1.35 ACRE PARCEL TO CONSTRUCT A 2,650 SQ. FT. FAST FOOD RESTAURANT. THE PROJECT SITE WILL MAINTAIN THE EXISTING BINLEY'S FLORIST ON THE REMAINING PROPERTY. SITE WORK INCLUDES STORMWATER MANAGEMENT, LIGHTING AND LANDSCAPING FOR THE NEW BUILDING. THE PROJECT LOT IS PART OF A TWO LOT SUBDIVISION THAT DIVIDES A 7.18 ACRE PARCEL INTO A 5.83 ACRE PARCEL FOR BINLEY FLORIST AND GARDEN CENTER AND A 1.35 ACRE PARCEL FOR THE PROPOSED RESTAURANT. THE SUBDIVISION PROCESS WILL NEED TO BE COMPLETED PRIOR TO SITE PLAN PROJECT. PURSUANT TO CHAPTER 179-3-040,SITE PLAN FOR ANEW USE IN A Cl ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS 12 (Queensbury Planning Board 03/30/2023) REFERENCE: SP 14-2005, SP 44-2014, AV 17-2017, DISC 3-2017, SP 21-2017. WARREN CO. REFERRAL: MARCH 2O23. LOT SIZE: 7.21 ACRES. TAX MAP NO. 303.15-1-27. SECTION: 179- 3-040. CARYN MLODZIANOWSKI&SAM BURDEN,REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-So the applicant proposes to use the 1.53 acre parcel to construct a 2,650 square foot fast food restaurant. The project site will maintain the existing Binley Florist on the adjoining parcel. Site work includes stormwater management, lighting, landscaping for the new building. They do have an updated lighting plan. They have that with them tonight, and then in reference to signage the applicant has already submitted information for a Sign Variance because there's multiple wall signs and I think the freestanding sign is the correct signage. I apologize. I can't remember. Slightly larger than allowed. MR. TRAVER-So that's just a Sign Variance,not something that has to go to the ZBA? MRS. MOORE-It will go to the ZBA. MR. TRAVER-So are we also making a recommendation? MRS. MOORE-So because they can operate independently, there's no recommendation, but if you have comments about the signage,you can share that with the applicant at this time. MR. TRAVER-Very good. Thank you. All right. So again state your name for the record,if you would, and tell us about the Taco Bell project. MS.MLODZIANOWSKI-For the record,Caryn Mlodzianowski and Sam Burden with Bohler Engineering here representing Mike McCracken from Hospitality Syracuse Inc. this evening. As Laura mentioned we're proposing a 2,650 square foot quick serve restaurant proposed tenant to be Taco Bell. That would have an associated drive thru with it. This is just east of the Binley Florist property that was subdivided that we just discussed, and would maintain the furthest access from the intersection on Dix Avenue with a cross connection to the adjacent property that would be maintained. The restaurant would have 42 seats and about 31 parking spaces. The building is situated here facing Dix Avenue, two lane driveway through here with a parking lot into the drive thru,the bypass lane as well where people would exit and head in either direction. Freestanding sign would be out by the road in the middle of the property. As far as landscaping goes, we did propose removing the street trees and we thought we could maintain one within this area. However due to our existing electrical plus our new pole, it won't be feasible to keep that tree,but we are proposing street trees,maple trees, along the remainder portion on the Binley side. We also did look at landscaping within this area over here. There are at least six mature trees along this property line today, a mix of evergreen and deciduous trees. We're also proposing a row of spruce trees along this edge of our parking lot and then our stormwater management area is the green space between. As far as utilities go,we do have municipal water here, and would have an on-site septic system. It's the large area that's preserved within the back of the property to serve that. We do have an expansion area proposed as well for that. However,we do have the rights and possibility,if we ever need an expansion, to the back of Binley's property as well where there's extra area for that. We did receive engineering signoff. So we worked through all the technical items that are there,and did receive that as well,and we're happy to discuss any questions,as mentioned,on lighting and signage as well,or architecture this evening. MR. TRAVER-Okay. Questions,comments from members of the Board? MR. DIXON-Laura,did you say there was updated lighting? MRS. MOORE-Yes. So I'm just going through. MS. MLODZIANOWSKI-And while that's being pulled up, as far as lighting goes, we did entertain the comment that we had received initially about some more pedestrian scale lighting along kind of the road there. So in the green space between Dix Avenue and our property we did add more of a traditional kind of Main Street style light fixture that's throughout that area between Dix Ave. and the property. So that was one lighting thing. MR. DIXON-Now the sign. So we had some of the dimensions on the sign,and I know that's going to go in front of the ZBA. Is that a lighted sign you said that's going to be out there that says Taco Bell? MS. MLODZIANOWSKI-It is. MR. DIXON-Internal lighting or is that up lighting? MS. MLODZIANOWSKI-Internal. 13 (Queensbury Planning Board 03/30/2023) MR. TRAVER-We do have a public hearing on this application as well. Is there anyone in the audience that wanted to address the Planning Board on the Hospitality Syracuse Taco Bell project? I'm not seeing any. Are there written comments,Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. DEEB-The entrance and exit is directly across from the Stewarts. MR. TRAVER-One second,Dave. I will close the public hearing,then. PUBLIC HEARING CLOSED MR. TRAVER-I'm sorry. Go ahead. MR. DEEB-The entrance and exit is right across from Stewarts entrance and exit,if I'm not mistaken. MS. MLODZIANOWSKI-Correct. MR.DEEB-I'm just questioning whether that could be a problem,because you're going to come out,people coming out,if you turn right or left,turning left could be problematic somewhat. I know the study was done,but I think about them. You've got traffic backed up there and they're trying to get out to go left, I'm just wondering if there's any way to alleviate some of the problems that could result? MS. MLODZIANOWSKI-We did have the County review that and they've essentially signed off on our plans and design as far as that goes with the site and the use and we just have to apply for a permit from hereafter site plan approval. I will say it's a small snapshot in time but I did goat rush hour and have been able to take a left out. I know I'm not doing it every day,but. MR. DEEB-What time were you there? MS. MLODZIANOWSKI-Six o'clock. MR. DEEB-And you had no problem going left? Going right won't be a problem. MS. MLODZIANOWSKI-No. And you have that plus the cross connection. MR. DEE&We have the study. So I know. MS. MLODZIANOWSKI-Yes,there's, again there's a lot more intense uses that could be here that I think could draw a concern,but,you know, at 20 some or so trips generated an hour,it's a lot less intense. MR. MAGOWAN-How many? MS. MLODZIANOWSKI-There's about 60 or so trips and new about 500/o of that. MR.MAGOWAN-I know the Taco Bell on Route 9,and I've actually seen it backed out onto Route 9. I've actually seen them stack up in the parking lot. Something about that food that people just crave, and the more I think about it, I'm not even speaking about, when I was speaking about the cut through, I'm not even thinking about people leaving. I'm thinking of people that are sitting over on Quaker Road and wanting to go to Taco Bell and then going to pull off if they can and cut through Binley's,you know. MR. DEEB-You're still on that. MR. MAGOWAN-I'm just going on the record since we're talking about,now we're talking about. I'm just looking at the traffic review now. MR. DEEB Just like Brad,I expressed my opinion. MR. TRAVER-Well,and also coming from Quaker there is an arrow there for people turning left. MR. STARK-Look,I know everyone's concerned about the traffic. I will say this says,in the conclusions part, the additional traffic generated by the proposed Taco Bell development will have no notable or significant impact on the traffic operations on Dix Avenue or at the adjacent Quaker Road intersection. I just wanted to put that out there. MR. TRAVER-Yes, and I our engineer signed off in agreement with the study. 14 (Queensbury Planning Board 03/30/2023) MR. DIXON-1 guess if traffic gets bad we can go after the County. Maybe they'll put a roundabout there. MR. TRAVER-Other questions,comments from the Board? Let's see. We did the public hearing. I guess we're ready for a resolution. MR. MAGOWAN-Excuse me, Mike. I just wanted to let you know, to put a roundabout there, that's a County Road, Town road and City road. You get three identities together for a roundabout. MR. TRAVER-Good luck with that. MR. DIXON-We've got our work cut out for us. RESOLUTION APPROVING SP#14-2023 HOSPITALITY SYRACUSE/BINLEY/TACO BELL The applicant has submitted an application to the Planning Board: Applicant proposes to use a 1.35 acre parcel to construct a 2,650 sq. ft. fast food restaurant. The project site will maintain the existing Binley's Florist on the remaining property. Site work includes stormwater management,lighting,and landscaping for the new building. The project lot is part of a two lot subdivision that divides a TIS acre parcel into a 5.53 acre parcel for Binley Florist and Garden Center and a 1.35 acre parcel for the proposed restaurant. The subdivision process will need to be completed prior to site plan project. Pursuant to chapter 179-3- 040,site plan for a new use in a CI zone shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 3/30/2023 and continued the public hearing to 3/30/2023,when it was closed, The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 3/30/2023; 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 14-2023 HOSPITALITY SYRACUSE/TACO BELL; Introduced by Michael Dixon who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted:no waivers requested; 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. 15 (Queensbury Planning Board 03/30/2023) g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy. k) This resolution is to be placed in its entirety on the final plans Motion seconded by Brady Stark. Duly adopted this 30`h day of March 2023 by the following vote: AYES: Mr. Magowan,Mr. Stefanzick,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Traver NOES: NONE ABSENT: Mr. Etu MR. TRAVER-You're all set. MS. MLODZIANOWSKI-Thankyou. MR. TRAVER-The next item on our agenda is Hudson Headwaters Health Network. This is application Site Plan 18-2023. SITE PLAN NO. 18-2023 SEQR TYPE: UNLISTED. HUDSON HEADWATERS HEALTH NETWORK. AGENT(S): ENGINEERING VENTURES, P.C. OWNER(S): SAME AS APPLICANT. ZONING: CLI. LOCATION: 44 CAREY ROAD. APPLICANT PROPOSES A MODIFICATION TO THE EXISTING 7,132 SQ. FT.BUILDING IN ORDER TO CONSTRUCT 598 SQ. FT.OF NEW ENTRANCE AND STAIRWELL AREA ON THE NORTH AND SOUTH SIDE OF THE BUILDING. APPLICANT ALSO PROPOSES A FULL SECOND STORY ADDITION TO THE EXISTING 7,132 SQ. FT. BUILDING. THE PROJECT INCLUDES ADDITIONAL PARKING, UPDATED STORMWATER MANAGEMENT, LANDSCAPING AND LIGHTING. PURSUANT TO CHAPTER 179-3-040,SITE PLAN FOR NEW CONSTRUCTION ON AN EXISTING BUILDING AND UPDATED SITE WORK SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 20-2020, WARREN CO. REFERRAL: N/A. SITE INFORMATION: CAREY INDUSTRIAL PARK. LOT SIZE: 2.62 ACRES. TAX MAP NO. 308.16- 2-4.3. SECTION: 179-3-040. MIKE DUSSAULT, REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-This application is for a modification to the existing 7,132 square foot building in order to construct a 598 square foot new entrance area, stairwell area,on the north and south side of the building. The applicant also proposes a full second story addition. Updates include additional parking, updated stormwater management,landscaping and lighting. MR. TRAVER-Thank you. Good evening. MR.DUSSAULT-Mike Dussault. As Laura said,this is a modification to an existing pre-engineered metal building for Hudson Headwaters. Their IT team is what's going to be placed in the building. They also will have a large conference room,conference area for large events,employees and larger meetings for the Board. It's an existing 7,132 square foot pre-engineered building with a one story only right now. No second story built out. We're proposing to build out the second story. The first story will have a large conference room,receiving for deliveries for an IT group through the existing overhead door in the rear of the building, a data center and storage area on the first. On the second floor there'll be offices and unfinished space for a future fit up. The new building area will be 15,200 square feet. As Laura said there's the proposed additions to existing building footprint is a 250 square foot two story stair tower on the south side. Currently there's an overhead door on that side of the building. That's going to come out,get built in and then the stair tower will be placed on that side. On the north side of the building there will be another stair tower, 350 square foot stair tower, with an elevator on the north side, and that'll be the total of about 600 square foot building addition. For the IT there's about 30 employees per day at the facility. When they have special events it can grow to 74 employees for the meetings and that kind of stuff that they have. So the Code requires 46 parking spaces. We're proposing 66 to accommodate those larger meetings that they're having on site. Since it is a pre-engineered metal building,they're usually not designed for much additional capacity. So with the rooftop units instead of placing them on the roof or within the building,there's going to be a,on the back side building at the northeast corner about four feet 16 (Queensbury Planning Board 03/30/2023) high and the equipment will be placed on that with ducts going into the building. The thought of putting it in that location is that the stair tower,the north stair tower will kind of hide that from visibility in the front parking area. There's a standby generator proposed on the south side of the building,just west of the stair tower. The trash enclosure is going to be in the southwest corner with a white vinyl fence to hide that, with an entrance on the side. We are proposing site lighting will be around the perimeter of parking area. We are proposing two different locations for electric vehicle charging stations.. There's four out in the front along the north property line and two at the rear and there's a new freestanding sign proposed at the entrance with the Hudson Headwaters logo. Two stormwater infiltration basins we're proposing. One is at the front of the property and one's at the rear of the property, splitting the flow between front and rear to those areas. That's about it, and we'll be upgrading the water service to the building. Currently it's not sprinklered. It's an inch and a half line. It'll be upgraded to a six inch line to provide fire protection for the building and a new pump station for the sewer connection. MR. TRAVER-Okay. Questions,comments from members of the Board? MR. MAGOWAN-There's been some conversations up at the County of the traffic that's being created from Carey Road and Hudson Headwaters, I'm not singling you guys out,but you guys have really grown immensely over there with everything you're doing. The traffic study to the sense of,it was brought to the attention that we have to look into some form of lighting or turning lanes and stuff like that, and unfortunately we probably should have looked at this sooner. Carey Road sat empty for years and now all of a sudden it's filling up like this,and now we're in a situation where the trips,the accidents are starting to become. I was actually thereon a meeting with Bay Road or West Glens Falls Fire Department and the County Highway Superintendent,and some other officials,and it was brought up,well,Brad,you're on the Planning Board, you know, you didn't see this. And now I see another project coming in. So is that something you guys have thought about,you know,safety for your employees and with your clientele and your patients for Hudson Headwaters? I'm not trying to put you on the spot or anything,but,you know, this is what we're supposed to be doing at planning,and you could come up to the table. CHRIS TOURNIER MR. TOURNIER-For the record,my name is Chris Tournier. I'm the CFO for Hudson Headwaters. So I think,yes, we've had those conversations. What I would tell you is this project in and of itself may not really expand a whole lot in terms of that traffic. The people who are coming really already come to the building and we're moving them over to just create more room,and it's IT as I think Mike said expand our IT room because it's just too congested in the current building. It's a hot room. I mean we're trying to get it so it's appropriate for what we're doing and the expansion and multiple areas across the region. So those people,those 30 or so people, are really already working for us there. So we're not,this isn't like a health center where,you know,we have so many people come in a day and expand,but to answer your question, yes,we've had some of those discussions around I think the safety. I don't think we're the only ones that are growing there. There's been a lot of other,you know, development in the last few years throughout there. Granted we're one of them,but we're not the only one. MR.MAGOWAN-And I'm not trying to pin it on you,but I'm just,I,you know,we're not really supposed to share this talk amongst ourselves,because that would be like against the law. So that's why I'm kind of bringing it up, something,you know, so the other Planning Board members,you know, something has to be done there,you know,there's been a great growth over there and I heard conferences. You're going to have conferences. Now where are those people coming from? MR. TOURNIER-Well, a lot of that actually, and part of it is he Board meetings that we have, and those are like,you know,obviously we have a Board of like roughly 21 people. That's actually even more people come in the fourth Thursday of the month. MR. MAGOWAN-See you're taking these 30 people out of the building because it's been a little crowded. So you'll say,gee,now we've got a little extra room so let's put another,you know,like I said it's kind of a rolling effect, and I'm not pin pointing you. I'm just putting it out there. I'm not quite sure what we're doing. Well what we're doing kind of is expanding, the people that are already there, we're giving them more room to work. MR. MAGOWAN-Right. So you're pulling t hem out of one building and putting them in another. MR. TOURNIER-Yes,but the people that are left are also a little. MR.MAGOWAN-You're giving them a bigger room and office with a window then maybe? I don't know. Like I said, I'm just trying to put it out there and let everybody know that we're going to have to do something there. It's a great park but unfortunately it was a little late. We probably should have foreseen that,but you don't see it as they dribble in and the next thing you know it becomes a huge safety issue for everyone and unfortunately people just drive fast on Corinth Road. I'm not quite sure,maybe because it's 17 (Queensbury Planning Board 03/30/2023) flat, straight,but that is becoming a major hub and there's a lot of other businesses there and it's not just you. It just seems like you're taking over most of the space. MR. STARK-I just don't think the exist 30 employees moving to another part of the building warrants a traffic study. It's already existing. MR. TRAVER-Well,and they have no authority to introduce any traffic control devices in any case. MR. DEEB-Are the 30 IT people already in Carey park? MR. TOURNIER-They have been. We recently moved them because we're,part of the construction that we're doing. MR. DEEB-So you're going to move them into the new building? MR. TOURNIER-Well when they're done. We actually ended up moving them to our building for the temporary space. We have another project where I talked about expanding offices and giving people who are already there more space, and so those IT people have actually shifted out,but we're there,you know, as of like last month. MR. DEEB-So there shouldn't be a huge impact on traffic. I think what Brad's saying, it's probably something we're going to have to look at in the future. MR. MAGOWAN-Yes. I'm not pinning it on you guys. I'm just bringing it up. I'm not here to stop or make you get a traffic study,but I'm making aware really to the Planning Board and the public that we've got everybody in mind. MR. TOURNIER-I understand exactly what you're saying. MR. MAGOWAN-And unfortunately it's something that we didn't see ahead of time as the growth came in. Because really a lot of these are just 30 employees, 15 employees,just tractor trailers going in and out. The Hudson Headwaters,it's a busy spot. I was over there,had to go to the Adirondack. Isn't that part of you guys, Radiology? MR. TOURNIER-That isn't part of us. MRS. MOORE-So I'll offer that there has been a traffic study that has been done for Corinth Road or in the process of being reviewed. There wasn't much coming from the Town of Queensbury itself,but I know the individuals that were part of that study reached out to Queensbury. We offered and identified all the projects and new projects that were happening that would exit onto Corinth Road. So I know there's a traffic study out there. I'm assuming it's an A/GFTC one, and I'm assuming that's what. MR. MAGOWAN-Thank you. MR. DIXON-So I do have a couple of comments based on what Mr. Magowan is saying down there. So first of all, as far as the SEQR, I'm not seeing an environmental impacts that are of concern to me. Since we're touching a little bit on site plan at the same time,as we're looking at the property and it's a nice thing to see Hudson Headwaters grow. Your campus is getting much larger now. It's starting to cross roads. Have you given consideration to putting in a sidewalk along Carey Road that's heading back towards your main campus? Knowing that you're going to have your staff. They are going to be traversing. Right now they have to go out to the road,walk up,and I always think if we dialed back five weeks ago when we were still in the middle of winter. It's dark. There's no lights. There's no sidewalks. I would like to see consideration of sidewalks, and lighting,again,similar to what's on Main Street. I think that ties in nice. MR.DUSSAULT-To be honest with you,we have talked about it. It wasn't part of this plan. It's certainly come up and it's funny,you know,side note. We have,we kind of promote,you know,we're in the health care business and we promote people walking and take a 15 minute break while you go make a loop, get some exercise,get a little break,whatever. So we will,if you're over there during the day,you'll see people walking,but we can put in a sidewalk,but it doesn't make the whole entire loop. MR. DIXON-No,it doesn't,but I'm just thinking if Hudson Headwaters continues to expand,this is one piece. I think you have to start somewhere. MR. DUSSAULT-It isn't directly across the street from,we own the lot directly across the street,but that lot isn't developed. So I guess we could go down the strip there. So this property isn't directly across from another developed lot. MR. DIXON-No. I'm thinking if you were to give thought to a sidewalk that goes from the entrance and goes to the northernmost point of your property. 18 (Queensbury Planning Board 03/30/2023) MR. TOURNIER-On this side? MR.DIXON-On this side,for this project in particular. In the future if you decide on your other properties or if they get developed,then we may ask you to put in additional sidewalks at that time. If you want to be progressive you can certainly do something else with the Town or after discussion with the Town,but this project in itself, and since that's what we're here for, I would recommend that there be sidewalks placed from the entrance to the northernmost point with at least two to three pole lights similar to what's on Main Street. MR. TOURNIER-I guess if that's what it takes,we'll do it. I don't know what that does to this,the water retention. MR.TOURNIER-The sidewalk would need to be located in the right way,not on the Hudson Headwaters property. MR. DIXON-So the grassy area,that's all Hudson Headwaters property,though,correct? That's all that I'm looking at is your parcel right now. MRS. MOORE-So the stormwater basins are probably within the area where you would propose a sidewalk. So it makes it,the drop off from the sidewalk to the stormwater basin may not be what,may be too extensive. I don't know. MR.DUSSAULT-As Laura said the stormwater basins are close to the property line and we have plantings along that to screen. MRS. MOORE-I mean the Board could consider having them evaluate it in conjunction with the Town so that there is some sort of management and agreement. Typically the Town doesn't like to take over sidewalks. So that would be the only,that would be on them to maintain it,but I don't know what that arrangement would be potentially,but it doesn't hurt to start asking those questions. MR. TRAVER-So we could just request that there be a discussion regarding sidewalks with the Town about that. There is a public hearing on this application as well. Is there anyone in the audience that wanted to address the Planning Board on the Hudson Headwaters application? I'm not seeing any. Are there 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-We do have, as Mike reminded us, we do have a resolution under SEQR to consider, and we have a SEQR resolution in our paperwork. There are a number of engineering comments. I didn't see anything that I didn't feel couldn't be resolved,but there are quite a number of them,that have to do with stormwater and test pits and so on. MR. DUSSAULT-Yes,we had a call with the Town and LaBella and I think we've got those under control, and there's nothing there we can't resolve. MR. TRAVER-You're not concerned about addressing any of those? MR. DUSSAULT-No,not at all. MR. TRAVER-Okay. Do any Board members feel that there are any environmental concerns regarding a SEQR resolution? RESOLUTION RE: GRANTING A NEGATIVE SEQR DEC. SP#IS-2023 HUDSON HEADWATERS The applicant proposes a modification to the existing 7,132 sq.ft.building in order to construct 59S sq. ft. of new entrance and stairwell area on the North and South side of the building.Applicant also proposes a full second story addition to the existing 7, 132 sq. ft. building. The project includes additional parking, updated stormwater management,landscaping and lighting. Pursuant to chapter 179-3-040, site plan for new construction on an existing building and updated site work shall be subject to Planning Board review and approval. 19 (Queensbury Planning Board 03/30/2023) The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Short EAF has been completed by the applicant; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment,and,therefore, an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 18-2023 HUDSON HEADWATERS HEALTH NETWORK.Introduced by Michael Dixon who moved for its adoption. As per the resolution prepared by staff. 1. Part II of the Short EAF has been reviewed and completed by the Planning Board. 2. Part III of the Short EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. Motion seconded by Warren Longacker. Duly adopted this 30`h day of March 2023 by the following vote: AYES: Mr. Stefanzick,Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Stark,Mr. Magowan,Mr. Traver NOES: NONE ABSENT: Mr. Etu MR. TRAVER-Do members feel comfortable moving forward with the Site Plan? Okay. RESOLUTION APPROVING SP#IS-2023 HUDSON HEADWATERS HEALTH NETWORK The applicant has submitted an application to the Planning Board: Applicant proposes a modification to the existing 7,132 sq.ft.building in order to construct 59S sq.ft.of new entrance and stairwell area on the North and South side of the building. Applicant also proposes a full second story addition to the existing 7, 132 sq. ft. building. The project includes additional parking, updated stormwater management, landscaping and lighting. Pursuant to chapter 179-3-040, site plan for new construction on an existing building and updated site work 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 has reviewed the potential environmental impacts of the project,pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration Determination of Non-Significance; The Planning Board opened a public hearing on the Site plan application on 3/30/2023 and continued the public hearing to 3/30/2023,when it was closed, The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 3/30/2023; 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 18-2023 HUDSON HEADWATERS HEALTH NETWORK,- Introduced by Michael Dixon who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted:no waivers were requested; 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. 20 (Queensbury Planning Board 03/30/2023) 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) Discussions between Hudson Headwaters and Town of Queensbury Planning to include sidewalks from entrance to northernmost part of property if viable. Motion seconded by Brady Stark. Duly adopted this 30`h day of March 2023 by the following vote: AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Traver NOES: NONE ABSENT: Mr. Etu MR. TRAVER-You're all set. MR. DEEB-Good luck. MR. DUSSAULT-Thankyou. MR. TRAVER-The next item on our agenda is Schermerhorn Real Estate Holdings. This is Site Plan 22- 2023. SITE PLAN NO. 22-2023 SEQR TYPE: UNLISTED. SCHERMERHORN REAL ESTATE HOLDINGS. AGENT(S): EDP. OWNER(S): L.P. SCHERMERHORN RESIDENTIAL HOLDINGS/ROBERT GOVER. ZONING: MS. LOCATION: 18 1/2 NEWCOMB STREET. APPLICANT PROPOSES TO CONSTRUCT 2 STORY,6 UNIT APARTMENT BUILDING WITH A FOOTPRINT OF 5,030 SQ. FT. AND A FLOOR AREA OF 10,060 SQ. FT. BUILDINGS. THE PROJECT WILL INCLUDE ONE GARAGE STORAGE SPACE AND AN OUTDOOR PATIO PAD WITH ASSOCIATED SITE WORK. THE PROJECT WIL BE SIMILAR TO THE EXISTING APARTMENT BUILDINGS. THE PROJECT WILL INCLUDE THE MERGER OF THE 1.04 ACRE APARTMENT PROJECT UNDER CONSTRUCTION AND THE 0.43 ACRE PROPOSED APARTMENT PROJECT. PURSUANT TO CHAPTER 179-9-040,179-3-040,179-7-070,179-5-100, 179-8-080,SITE PLAN FOR NEW CONSTRUCTION IN THE MS ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: DIS 1-2021,SP 35-2021. WARREN CO. REFERRAL: MARCH 2O23. LOT SIZE: 1.04 ACRES/.43 ACRE. TAX MAP NO. 309.10-1-63. SECTION: 179-9-040,179-3-040,179-7-070,179-5-100,179-8-080. JON ZAPPER&CLARK WILKINSON,REPRESENTING APPLICANT,PRESENT 21 (Queensbury Planning Board 03/30/2023) MR. TRAVER-Laura? MRS.MOORE-So this application is I would say probably wrapping up this property that's on Newcomb Street. This is a proposal to construct a two story six unit apartment building. The footprint is 5,030. The floor area is 10,060. These include a garage space, one garage storage space, an outdoor patio with associated site work. It will also be merged with the adjoining property that already contains two six units and one two unit building. MR. TRAVER-Okay. Thank you. Good evening. MR. ZAPPER-Good evening, everyone. For the record Jon Lapper with Clark Wilkinson from Environmental Design,project engineer. So you approved the adjacent property for Mountain Vista about two years ago and Rich Schermerhorn purchased it from them.. They were going to build it when it was approved, but he had the opportunity to buy it. So that's under construction. Those are the green buildings with Tyvek when you drive by and then once that got going he had the opportunity to buy this lot and kind of clean this up,take down the older house and merge it as Laura said. So it's a pretty simple addition. The access, everything goes through the other project and we did have, Clark will go through the site plan with you,but we had some limited comments from LaBella,but they really just wanted us to show how this was merging with the other site. EDP made all those responses and sent to Laura today and it doesn't change the site plan at all. With that I'll hand it over to Clark. MR. WILKINSON-For the record, Clark Wilkinson with Environmental Design Partnership. This project is the extension of,as Jon had said,the original site plan that was approved a year and a half to two years ago and this piece that we're talking about was a landlocked piece at the time,and there's easements. That hatched area was the existing easement for access to the rear. As part of that original project, we extended the sewer district. The sewer district extension,the site is served by public water. So we have public water and sewer to this project. Again, there's three pages of comments from LaBella,but they're very,very similar to the exact same,or almost the exact same comments as the first one, and again, as Jon said,it's really merging and making sure that we look at the project as a whole instead of individually. We did make those adjustments. We're ready to re-submit tomorrow. I had the draft letter and I sent that to Laura on what we've got. So with that I'd turn it over to the Board for questions,comments and discussion. MR.TRAVER-Okay. Questions,comments from members of the Board? We would like,on the site plan, to have a parking plan,snow removal plans,lighting. MR. WILKINSON-Yes,we had a large discussion about lighting on the first project,if you recall, and it's exactly the same and we can show that the same way,the downward underneath the soffits for the garages and the back has those sconces. MR. DEEB-It just has to be put on the plan. MR.WILKINSON-Yes,we'll make sure,just like the last one,we'll make sure it's on the plan,and it's going to be exactly the same. MR. ZAPPER-It's a good place for multi-family,just because there's buses and convenient to Main Street and certainly a need for this kind of housing. MR. DEEB-That was the Main Street promotion was to try and get walking distance. MR. TRAVER-There is a public hearing on this application as well. Is there anyone in the audience that would like to comment to the Planning Board on the Schermerhorn Real Estate Holdings application? I'm not seeing any takers. Are there 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-We do have to consider a SEQR resolution under SEQR for this. MR.MAGOWAN-Before we move on,Mr.Chairman,I'm happy to see,I remember when the project came and the house was back there and this really makes so much more sense,but I did hear snow removal. Not much room to put the snow, and I know he's got the equipment to pull it up and get it out of there. MR. ZAPPER-If it has to come off site,it'll come off site. 22 (Queensbury Planning Board 03/30/2023) MR. MAGOWAN-Okay. I just wanted that on the record. MR. WILKINSON-And we'll reflect that on the plan as well. The snow removal plan will show here's where we'll store it if it exceeds six,eight inches,whatever it is,then it'll be hauled off site. MR. MAGOWAN-Thank you. MR.TRAVER-So in consideration of our SEQR resolution,do any Board members feel that they are aware of any environmental impacts or concerns that we need to make note of? MR. DEEB-I just have a question on Number Twenty. Clark,you've got, as a site the proposed action or adjoining property has been the subject of remediation. You checked yes,and I think you meant to check no on that? MR.WILKINSON-Yes,I believe I did. MR. DEEB-It's checked yes. MR.WILKINSON-You're right. As I recall,we went through this again on the first one that the existing site was an old auto place and that's why we checked yes on that to make sure everybody was aware that that was an old auto. MR. DEEB-It says if yes describe. Okay. You just want to have it right. You don't want any problems down the road. MR.WILKINSON-They stored vehicles and everything else. So because of that. MR. TRAVER-All right. I guess we're ready for that resolution. RESOLUTION RE: GRANTING A NEGATIVE SEQR DEC. SP#22-2023 SCHERMERHORN The applicant proposes to construct 2 story,6 unit apartment building with a footprint of 5,030 sq.ft.and a floor area of 10,060 sq.ft. Each unit will include one garage storage space and an outdoor patio pad with associated site work. The project will be similar to the existing apartment buildings. The project will include the merger of the 1.04 acre apartment project under construction and the 0.43 acre proposed apartment project.Pursuant to chapter 179-9-040,179-3-040,179-7-070,179-5-100,179-S-OSO,site plan for new construction in the MS zone shall be subject to Planning Board review and approval. The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Short EAF has been completed by the applicant; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment,and,therefore, an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 22-2023 SCHERMERHORN REAL ESTATE HOLDINGS. Introduced by Michael Dixon who moved for its adoption. As per the resolution prepared by staff. 1. Part II of the Short EAF has been reviewed and completed by the Planning Board. 2. Part III of the Short EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. Motion seconded by Brady Stark. Duly adopted this 30`h day of March 2023 by the following vote: AYES: Mr. Dixon, Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Deeb,Mr. Traver NOES: NONE ABSENT: Mr. Etu 23 (Queensbury Planning Board 03/30/2023) MR. TRAVER-Okay. We can consider the Site Plan resolution. RESOLUTION APPROVING SP#22-2023 SCHERMERHORN REAL ESTATE HOLDINGS The applicant has submitted an application to the Planning Board:Applicant proposes to construct 2 story, 6 unit apartment building with a footprint of 5, 030 sq. ft. and a floor area of 10,060 sq. ft. Each unit will include one garage storage space and an outdoor patio pad with associated site work. The project will be similar to the existing apartment buildings. The project will include the merger of the 1.04 acre apartment project under construction and the 0.43 acre proposed apartment project. Pursuant to chapter 179-9-040, 179-3-040,179-7-070,179-5-100,179-S-OSO, site plan for new construction in the MS zone shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board has reviewed the potential environmental impacts of the project,pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration Determination of Non-Significance; The Planning Board opened a public hearing on the Site plan application on 3/30/2023 and continued the public hearing to 3/30/2023,when it was closed, The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 3/30/2023; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN 22-2023 SCHERMERHORN REAL ESTATE HOLDINGS,- Introduced by Michael Dixon who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted: g. site lighting, h. signage, k. topography, 1. landscaping, n traffic, o. commercial alterations/construction details,p floor plans, 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; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; 24 (Queensbury Planning Board 03/30/2023) 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) Code compliant lighting to be included on final site plans prior to any site work. m) Snow removal plan will also be included on the final site plan. Motion seconded by Brady Stark. Duly adopted this 30`h day of March 2023 by the following vote: AYES: Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Stefanzick, Mr. Deeb,Mr. Dixon,Mr. Traver NOES: NONE ABSENT: Mr. Etu MR. TRAVER-You're all set. MR. ZAPPER-Thank you. MR.TRAVER-The next item on our agenda is Foothills Builders,FHP Apartments. This is a modification to Site Plan 25-2023. SITE PLAN MODIFICATION 25-2023 SEQR TYPE: UNLISTED. FOOTHILLS BUILDERS/FHB APARTMENTS. AGENT(S): STUDIO A. OWNER(S): 78-80 MAIN STREET, LLC. ZONING: MS. LOCATION: 80 MAIN STREET. APPLICANT PROPOSES A MODIFICATION TO AN APPROVED PLAN FOR THE CONSTRUCTION OF AN 8,663 SQ. FT. FOOTPRINT BUILDING WITH 3 FLOORS AND A FLOOR AREA OF 25,622 SQ. FT. THE MODIFICATION INCLUDES LOCATING THE BUILDING 47 FT.FROM THE CENTERLINE OF THE ROAD AND INCLUDING A DAYCARE CENTER ON THE FIRST FLOOR. MODIFICATION ALSO INCLUDES FACADE ALTERATIONS, COURTYARD, PARKING,LANDSCAPING,BUFFER AND SIDEWALKS. THE 24 APARTMENT UNITS WILL BE ON THE SECOND AND THIRD FLOORS. PURSUANT TO CHAPTER 179-3-3-040,MODIFICATION TO AN APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: DISC 6-2021,SP 27-2022. WARREN CO.REFERRAL: MARCH 2O23. SITE INFORMATION: MAIN STREET. LOT SIZE: .76 ACRES. TAX MAP NO. 309.10-1-25. SECTION: 179-3-040. ETHAN HALL,MATT HUNTINGTON&JOE LEUCI,JR.,REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-So this application is a modification of a previously approved plan. The applicant still intends to build an 5,663 square foot building,three floors,and floor area is 25,000 plus. The modification includes locating the building at 47 feet from the centerline of the road. Project includes,on the first floor, opportunity to place a daycare center. The applicant will discuss further that to maintain daycare as well as potentially other uses depending on who they sign with. At this point they're weighing their options for the first floor. The project includes the facade, courtyard area, parking and landscaping as well as buffer and sidewalks. MR. TRAVER-Okay. Thank you. Good evening. MR. HUNTINGTON-Good evening. Matt Huntington here with Studio A with Joe Leuci of Foothills Builders and Ethan Hall of Rucinski Hall Architecture. You guys are familiar with this plan. We were here not too long ago when it was officially approved. What's happened since then is there was an unrecorded National Grid easement at the front of the property that encroached their utility ball that encroached into where the building footprint was going to go. The project's essentially the same project that was here prior. We just shifted the building back by approximately eight feet, and what that did in the back is at the very back we had kind of a landscape curb strip on the back property line at the bottom of the page,and essentially we recouped the landscaping grid space requirements within a few islands that we modified that. We removed that. So now the parking goes back to the fence line and we'll have parking, curbed wheel stops there. Stormwater wise nothing changes at all. All the same drainage patterns that were maintained, stormwater structures exactly the same. Really everything site wise stayed the same aside from that building shift back. The whole parking just kind of shifted back with it. We were able to add a little bit more landscaping in front of the building and that's really the summary of what happened with that change, and then as Laura mentioned we're also here because they believe they have a tenant for the first floor which is a daycare center. MR. TRAVER-A daycare program. 25 (Queensbury Planning Board 03/30/2023) MR.HUNTINGTON-Yes. MR. TRAVER-Have you thought about traffic impacts of having such a program on the first floor,parking and traffic? MR. HALL-We think it will be less than what it could be with any of the other retail spaces.. The way we look at it, so the person who's looking at doing this also runs the one that just opened in Glens Falls just over the border there next to Steve's Place. So Melissa is the one that runs that,and she finds that the turnover it's basically a drop off. The parents come and drop the kids off and go and there's really no,you know,there's really no,you know,there's an influx that comes in in the morning rush and then an influx that comes in in the afternoon rush,but during the day there's just her staff that parks there. So we think this will be less than what it would be if it were retail or any of those other items that's a constant during the day. The traffic this will be a little bit of influx in the morning and a little bit in the afternoon. The rest of the day it won't be anything. MR. DEEB-What's the maximum occupancy of the daycare center? MR.HALL-That's a good question,Dave. The way we're looking at it right now she has seven classrooms and they range from, there's three infant rooms that would hold eight children a piece. There are three toddler rooms that would hold 10 children a piece and then there are classrooms for three year olds, four and five year olds and school age kids. Now the school age obviously won't be there until after school is over. It's kind of a latchkey thing. They come from the school to the project and then they go from there. MR. DEEB-You're up to 60 to 70 people, kids. So you're going to have parents dropping them off in the morning and the afternoon. Where are they going to drop the kids off? MR.HALL-In the spaces out back. MR. DEEB-You're hoping that the people will be working I assume,the people that are living there? Are you going to have designated spaces for the daycare in the back? MR.HALL-I don't know if we've discussed. MR. HUNTINGTON-So we've looked at the daycare loading requirements in the Code and it's actually less than the retail. Obviously there's going to be parents that,the pickup train sort of coming through the parking lot. They'll pull up to the circle,grab their kid and be on their way. MR. DEEB-That's a lot. So they're going to occupy the whole first floor? MR.HUNTINGTON-Yes. MR.HALL-At certain times. MR. LEUCI-There's no other tenants on the first floor. MR. DEEB-So are you locked in yet,or are you still negotiating? MR.LEUCI-Well that's part of our conversation today is we're still negotiating so we're hoping that if it's approved that it's kind of a conditional or optional approval. If that fell through we want to be able to go back to the retail option. MR. TRAVER-If that were to fall through,you'd come back with another modification. MR.HALL-We would have to come back here. Yes. MR. DEEB-Ethan,you feel that there'll be less traffic,less with the daycare? Because I was envisioning the retail centers,two or three or four businesses. MR. HALL-We had it set up for a maximum of four. MR. DEEB-A maximum of four,and I was just envisioning a small type of retail office. MR. HALL-If it wound up being anything, it could be personal care, I mean it could be nail salons are everywhere. It could be a barbershop. It could be any of those types of things where that's a constant turnover throughout the day. MRS. MOORE-So in reference to coming back in front of the Board,so the Board previously approved the space for retail and office and apartment. The applicant provided information showing they had enough parking at that point with a shared parking factor because Main Street allows that, and in reference to 26 (Queensbury Planning Board 03/30/2023) doing daycare and apartments, we're still at the maximum number of spaces that are on the site of 3S spaces. So it doesn't change the requirement of parking for any one of these uses at this point. So it wouldn't necessarily have to come back in front of this Board,unless this Board decided otherwise. But at the moment parking wise it doesn't trigger it to come back because if the Board approves this project,you would be noting that retail office apartments or daycare apartments would be a function of the operations of the site. MR. DEEB-Which leads to another question. I'm sorry. How many employees are going to be there, are they going to need for that many kids? MR.HALL-She has it set right now at probably 12. MR. DEEB-That's 12 parking spots for the employees. MR. LONGACKER-Six actually,I wondered the same thing because the Code requires,but that's six and I agree with Dave. I did the analysis,too, and just based on the square footage,you have nine classrooms and you have over 5,000 square feet of classroom space. You take a look at the ITE trip generation manual, and it's based on 11 trips per your peak hour for 1,000 square feet. So you're looking at 57 vehicles per hour I know it's just drop off. You're going to have possibly 57 vehicles circulating through there, dropping people off and you're going to need an additional,like Dave mentioned, another six spaces just for the staff alone back there and this is a daycare and I would think that people that work the daycare are going to have to be there before the people in the apartments leave,just to get ready for the people that bring their kids in there. The same thing in the afternoon. They might be there a little bit later. On the coversheet you only had just the one space there or two spaces,but I think you're going to need a lot more,I really do. That much classroom space,I think it's great,but I personally like the idea of retail space down below,too. MR. HALL-We worked through it with Melissa and what she has at her current facility and they've got the same,it's the same basic layout as we've got here. MR. DEEB-They have apartment buildings? MR. HALL-It's at 1S6 Broad Street. It's the new Broad Street building. It's right next door to Steve's Place. MR. DEEB-How many units are there? MR.HALL-That's 76 units. MR. DEEB-And I think it's a larger area. MR.HALL-Yes,it's got the same number of parking areas,the same one space per apartment. So what she found with the turnover in that 6,000 square foot space she has there,so she found that with her turnover it's literally a two minute drop off. MR. LONGACKER-Does she have 12 employees at that one,too,roughly? MR.HALL-Yes. MR. LONGACKER-For that size. The same ages? MR.HALL-Yes. She runs infant through school age. Kindergarten,first grade,second grade. MR. DEEB-It just sounds tight. MR. STEFANZIK-Do you have any provisions for outdoor playgrounds? MR.HALL-Yes. In the back area of that building,in the notch that's in the back,the fenced in area there. MR. STEFANZIK-And that's fenced off so they can't get into the parking lot? MR.HALL-Correct. MR. DIXON-And that was where the green space was going to be for the residents? MR. HALL-Yes,it was a paved courtyard with pavers and stuff around it and we looked at what it was, what it was approved for originally with circles and things like that versus this. It actually works out within a few feet. MR. DEEB-Originally it was a residence. 27 (Queensbury Planning Board 03/30/2023) MR.HALL-It was just a courtyard. MR. STEFANZIK-My grandson gets dropped off at daycare via a bus. Any thoughts about, are buses going to stop in the middle of Main Street to drop off kids? MR.HALL-I don't know if they would stop on Main Street to drop them off or if they would pull into the yard and drop them off in the yard. MR. DEEB-What time do you think they'll be dropping them off? MR.HALL-She opens I believe at 5:30. MR. DEEB-So how many parking spots in the front? MR.HALL-On Main Street? I don't believe there's any on Main Street. MR. MAGOWAN-You can't park there. You'd stop traffic. I don't see really much of a difference. You're going to have the trips at certain hours. My question would be,Joe,I'm happy. One of the things we really do need is daycare in our community. That's one of the things we've been talking about in economic development,but you haven't talked to the neighbors here, the Kellys or anything of possibly needed an expansion for parking,the neighbor to what would be the west. MR.HALL-The west,the lands of Andrea Kelly,Putnam and Katherine Kelly. Just a thought. MR. LEUCI-I haven't spoken to anybody yet. MR. MAGOWAN-I mean,you know, it is Main Street and probably big money,but get your building up and they might say we want out. You never know, but I think,you know, I'm really pleased to see the daycare. I kind of like the idea,you know,you have the 12 employees possibly more. It's going to be tight, but it was going to be tight before with the retail and that, and that was part of the zone. Joe, I have to say I'm on your side on this one. MR. LEUCI-I appreciate it. MR.TRAVER-There are some questions about the lighting plan. There's apparently a mix of candle power and wattage in the display and there's also a notation, Staff provided us with some notes on this,that the, prior to the work being started,you need to coordinate review of the light fixtures and the sidewalk work with the Town Building and Codes,I'm sorry,Building and Grounds. MR. HALL-We've already been over that. That was really with the fire department. They were looking for a rollover curb. MR. TRAVER-This is for the lighting. MRS. MOORE-Yes. So there's the light in the front. So Chuck Rice brought it up. I don't think this project interferes with that,but when you go through,that's on the sidewalk area,existing sidewalk area. So when you go to do your project work at the front of the building there's,you need to contact, I would just discuss it with Chuck Rice in reference to making sure that you're not interfering with that,you don't need to remove it or anything like that. MR.HALL-The street light you're talking? MRS. MOORE-The street light,which is owned by the Town. MR. HALL-This will make it even less likely now because we're having to move back eight feet or whatever. MRS. MOORE-Okay. MR. MAGOWAN-I've got question. What's this,a light bar for a truck? MR. HALL-Those are going to be light bars that are going to be across the front where the signage was. With it only being one tenant,there will likely only be one bar over their single sign. MR. MAGOWAN-All right. So am I looking at that this way or this way? Is the light shining up or shining down? MR.HALL-It's on an arm that shines to the back of the building. 2S (Queensbury Planning Board 03/30/2023) MR. MAGOWAN-All right. So it would kind of hang down? MR.HALL-Correct. MR. MAGOWAN-All right. MR.HALL-It's the way the catalogue puts it out here. Basically there's two arms that come out,hold the light out away from the building. It's almost like a picture light. If you see a picture on a wall,it's got a little light above it. MRS. MOORE-So is there wattage information about that light? MR.HALL-I think it's on that sheet. MRS. MOORE-Okay. Is it sort of, so it's easier for us to look at it as foot candles, and I'm not sure if it's on wattage versus foot candles. MR.HALL-I think it was wattage. MR. MAGOWAN-Yes,it's 112 LED's,36 watts or 120 volt lamps included. MRS. MOORE-So if you can convert that back to foot candles so we understand what's going on with it and make sure that it's included with the light package that's already in the process. Because right now all I have is the cut sheet and that's difficult to work with. It needs to be on the plan. MR. TRAVE R-There's also a question about the rooftop mechanicals. That we should have a plan for the mechanicals so that we know that they're. MR. HALL-Yes,they will be. There is a five foot parapet wall that runs all the way around the top of the building and they're just the cassette units. So they're only that tall. So they'll certainly be lower than the top of the parapet. MR. TRAVER-I remember we discussed that in the original. MR.HALL-So there'll be 24 of those units spread throughout the roof. MR. STEFANZIK-Water from the roof,where will that go? MR.HALL-It's all internally drained. They would go out the side of the building. MR. STEFANZIK-It drains into the road or the side of the property? MR. HALL-The internal roof drains come right down and they go out into the stormwater management that's in the parking lot and all that. MR. TRAVER-What about showing the interconnect with adjoining properties on the site plan? MR. HUNTINGTON-So that,on the original approval we left it that there's certainly the opportunity to interconnect it on either side of it. That was just kind of a written description. I believe it's on the plans. That was part of the original. It may not be. MR. TRAVER-And then in the engineering letter there's some questions about test pits and soon. If you can address that. MR.HUNTINGTON-That was actually completed and they provided a signoff letter as part of the original application. Yes,we went out and did the test pits prior. MR. TRAVER-There is a public hearing on this application as well. Is there anyone in the audience that wants to address the Planning Board on the Foothills Builders application? I'm not seeing any takers. Written comments,Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Then we will close the public hearing. PUBLIC HEARING CLOSED 29 (Queensbury Planning Board 03/30/2023) MR. TRAVER-This is an Unlisted action as well. So we do need to consider a SEQR review under SEQR. Does anyone have any environmental impact concerns for consideration of our SEQR resolution? MR. DEEB-I don't know about the traffic. MR. TRAVER-Well I think in our discussion with the applicant I think that the traffic is likely to be reduced by going to daycare versus. MR. LONGACKER-I agree with Dave. MR. TRAVER-Or at least not greater. MR. DEEB-It could be a minor SEQR. MR. TRAVER-Minor impact. Traffic. MR. DEE&Was there a traffic study done? MR.HUNTINGTON-Yes. There was a traffic assessment done as part of the original application. MR. DEEB-But that wasn't with the daycare. MR. TRAVER-Right. As written it doesn't include the daycare, but I think in our discussion, to my satisfaction anyway,I don't think that the daycare is going to impact negatively on traffic. MR. DEE&We'd have to be there at 5:30 in the morning to see how those cars are going to drop off those kids. MR. MAGOWAN-Now how are the kids going to come over from the school? They're not walking, are they. MR.HALL-I don't believe so. I believe that what they do now is they have a van that they have that they run around to all the different ones,pick them up and take them to the different ones. MR. DEEB-Who has the vans? MR. TRAVER-The daycare. MR.HALL-The daycare has them. MR. MAGOWAN-I'm just concerned on Main Street. I don't see too many crosswalk guards on Main Street. MR.HALL-No,there aren't and most of them I think would be coming from,you know,other schools. MR. MAGOWAN-The elementary schools. Kensington is a little bit further. MR. HALL-And if that was the case they'd be coming by school bus,getting dropped off there. I mean I follow the school bus in coming off IS. It makes multiple stops as it goes down that road. Similar to the daycare that's down here on Bay Road. That bus comes through,it stops and they greet them out there at the road. MR. DEEB-But parents can drive down in the back and drop kids off. This should only be just a minute. MR. MAGOWAN-And I'm sure if it becomes filled up or a backup, Melissa will say, all right, we need, because the parents say I want to make sure my child gets in the building. So she might have a couple of people out there to greet and bring the group in together. MR.HALL-Wait for two or three of them to get there. MR. DIXON-Laura,I have a question for the Town essentially. We always talk about Main Street at the structure you can't have any parking there. Now that they've moved the building back eight feet, would they be eligible to have? They've got eight feet now that they could have a pull over for drop off. MRS. MOORE-I don't have any idea. MR.HALL-I think that that's,isn't that a County road? MRS. MOORE-It's a County road. You would have to have that conversation with the County. 30 (Queensbury Planning Board 03/30/2023) MR. TRAVER-I don't think that they would support that. MR. MAGOWAN-No. That would not flow with the Main Street corridor as it's been established. MR. TRAVER-So does anyone have any problems with the SEQR resolution? Okay. We're ready to hear that motion. RESOLUTION RE-AFFIRMING A NEGATIVE SEQR DEC. SP MOD 25-2023 FOOTHILLS BUILDERS The applicant proposes a modification to an approved plan for the construction of an 5,663 sq.ft.footprint building with 3 floors and a floor area of 25,622 sq. ft. The modification includes locating the building 47 ft. from the centerline of the road and including a daycare center on the first floor. Modification also includes facade alterations,courtyard,parking,landscaping,buffer and sidewalks.The 24 apartment units will be on the second and third floors. Pursuant to chapter 179-3-040, modification to an approved site plan shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Short EAF has been completed by the applicant; Whereas, the Planning Board adopted a SEQR Resolution on S/16/2022 adopting SEQRA determination of non-significance, and Upon review of the information recorded on the EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency reaffirms that this project will result in no significant adverse impacts on the environment, and,therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO REAFFIRM NEGATIVE DECLARATION FOR THE PROPOSED SITE PLAN MODIFICATION 25-2023 FOOTHILLS BUILDERS/FHB APARTMENTS. Introduced by Michael Dixon who moved for its adoption,seconded by Brad Magowan. Duly adopted this 30`h day of March 2023 by the following vote: AYES: Mr. Stark,Mr. Magowan, Mr. Stefanzick,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Traver NOES: NONE ABSENT: Mr. Etu MR. TRAVER-Are we comfortable moving forward on Site Plan? RESOLUTION APPROVING SP MOD 25-2023 FOOTHILLS BUILDERS/FHB APARTMENTS The applicant has submitted an application to the Planning Board: Applicant proposes a modification to an approved plan for the construction of an 5,663 sq.ft. footprint building with 3 floors and a floor area of 25,622 sq. ft. The modification includes locating the building 47 ft. from the centerline of the road and including a daycare center on the first floor. Modification also includes facade alterations, courtyard, parking,landscaping,buffer and sidewalks. The 24 apartment units will be on the second and third floors. Pursuant to chapter 179-3-040,modification to an approved site plan shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board has reviewed the potential environmental impacts of the project,pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration Determination of Non-Significance; 31 (Queensbury Planning Board 03/30/2023) The Planning Board opened a public hearing on the Site plan application on 3/30/2023 and continued the public hearing to 3/30/2023,when it was closed, The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 3/30/2023; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN MODIFICATION 25-2023 FOOTHILLS BUILDERS/FHB APARTMENTS;Introduced by Michael Dixon who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted:side setbacks not at zero feet,buffer between residential and daycare; 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) Project is not to interfere with any existing Town lighting on Main Street. m) Lighting plan to be approved by Town Planning prior to site work. n) Interconnect with adjoining property must be indicated on final plans prior to any site work. o) This is approved for retail space,office space,daycare and apartments. Motion seconded by Brady Stark. Duly adopted this 30`h day of March 2023 by the following vote: MR. TRAVER-Any discussion? MRS. MOORE-So I would just offer that,I would put it probably in the resolution,this includes approval of,so in regards to allowing for an office,retail,office, apartments or day care and apartments. MR. TRAVER-Okay. MR. STEFANZIK-Add day care. MRS. MOORE-That way, unless the Board has a different opinion, this way the applicant can move forward with any one of those uses. 32 (Queensbury Planning Board 03/30/2023) MR. MAGOWAN-I'm comfortable with that. MR. TRAVER-Yes. MR. DIXON-Please amend that,then,to add Item O. This is approved for retail space, office space, and daycare and apartments. AYES: Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Stefanzick, Mr. Deeb,Mr. Dixon,Mr. Traver NOES: NONE ABSENT: Mr. Etu MR. TRAVER-You're all set. MR.HALL-Thank you very much. MR.HUNTINGTON-Thank you very much. MR. TRAVER-Is there any other business to come before the Planning Board this evening? If not we'll entertain a motion to adjourn. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF MARCH 30TH 2023,Introduced by Michael Dixon who moved for its adoption,seconded by Brad Magowan: Duly adopted this 30`h day of March, 2023,by the following vote: AYES: Mr. Deeb,Mr. Dixon,Mr. Stefanzick, Mr. Magowan,Mr. Stark,Mr. Longacker,Mr. Traver NOES: NONE ABSENT: Mr. Etu MR. TRAVER-We stand adjourned. Thank you,everybody. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver,Chairman 33