10-24-2023 (Queensbury Planning Board 10/24/2023)
QUEENSBURYPLANNINGBOARD MEETING
SECOND REGULAR MEETING
OCTOBER 24Tr;2023
INDEX
Site Plan No.72-2022 Mark&Julie Prendeville 1.
REQUEST FOR EXTENSION Tax Map No.2S9.13-1-5S
Site Plan No. 64-2023 Gary Higley 2.
Tax Map No.2S9.10-1-14
Site Plan No. 61-2023 Schermerhorn Construction, LLC 3.
ACCEPT LEAD AGENCY Tax Map No.296.7-1-2,296.7-1-3
SEQR
RECOMMENDATION TO TOWN BOARD
Site Plan No. 67-2023 Marc Garvey 9.
Tax Map No. 303.15-1-3
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF
REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH'S MINUTES(IF ANY)AND
WILL STATE SUCH APPROVAL OF SAID MINUTES.
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(Queensbury Planning Board 10/24/2023)
QUEENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
OCTOBER 24TK,2023
7.00 P.M.
MEMBERS PRESENT
STEPHEN TRAVER,CHAIRMAN
DAVID DEEB,VICE CHAIRMAN
MICHAEL DIXON,SECRETARY
NATHAN ETU
WARREN LONGACKER
BRADY STARK
FRITZ STEFANZICK,ALTERNATE
MEMBERS ABSENT
BRAD MAGOWAN
LAND USE PLANNER-LAURA MOORE
STENOGRAPHER-MARIA GAGLIARDI
MR.TRAVER-Good evening,ladies and gentlemen. Welcome to the Town of Queensbury Planning Board
meeting for Tuesday,October 24`h, 2023. This is our second meeting for October and our 22n1 thus far for
2023. In the event of an emergency,please make note of the illuminated exit signs.,those are the exits.
If you have a cell phone or other electronic device,if you would either turn it off or turn the ringer off,we
would appreciate that,so as not to interrupt our proceedings. We also ask that,aside from public hearings,
and actually each of our discussions this evening have a public hearing, if you wish to have a discussion
amongst yourselves, if you would please go to the outer lobby for that discussion, so, again, as to not
disturb our taking of the minutes because we do record the meeting. I wanted to mention also that on the
table in the back of the room there's a flier for a public hearing that is actually being held tomorrow night
at this time in this room regarding the update to the Comprehensive Plan which is underway for the Town
of Queensbury and we're very interested in any input that folks have on that. So there's a flier in the back.
If you can't be here in person,there is a link to a ZOOM connection and to the website and to the survey
that you can fill out and submit. So I wanted to make mention of that, and with that we will begin our
agenda with one Administrative Item. This is for Site Plan 72-2022 for Marc and Julie Prendeville.
ADMINISTRATIVE ITEM
SITE PLAN 72-2022 MARK&z JULIE PRENDEVILLE
MR. TRAVER-Request for a one year extension. Laura?
MRS. MOO RE-Before you begin that,apparently Brad's not here. Sol don't know if you want to have an
alternate site.
MR. TRAVER-Sure. I don't know who's turn it is.
MRS. MOORE-In regards to the Prendeville's application,they're requesting the extension. They're still
obtaining some estimates and to secure a builder.
MR. TRAVER-And I see the letter in our materials for Ash Drive. Does anyone have any questions
regarding that request for an extension? Okay. We have a draft resolution to that effect.
RESOLUTION GRANTING A ONE YEAR EXTENSION SP#72-2022 PRENDEVILLE
Applicant proposed to demolish an existing home and construct a new 1,144 sq. ft. footprint with a deck
of 396 sq.ft. and a 32 sq.ft.porch. The new home is to be 2,440 sq.ft.floor area.
The Planning Board approved this project on November 15, 2022. The applicant is requesting a one year
extension,valid until October 24,2024.
MOTION TO APPROVE A ONE YEAR EXTENSION FOR SITE PLAN 72-2022 MARK
PRENDEVILLE. Introduced by Michael Dixon who moved for its adoption,seconded by David Deeb.
Duly adopted this 241h day of October 2023 by the following vote:
AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark, Mr. Stefanzick,Mr. Etu,Mr. Traver
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(Queensbury Planning Board 10/24/2023)
NOES: NONE
ABSENT: Mr. Magowan
MR. TRAVER-Okay. Thank you, and now we move to our regular agenda. The first section is Old
Business. The first item is Gary Higley. This is Site Plan 64-2023.
OLD BUSINESS:
SITE PLAN NO. 64-2023 SEQR TYPE: TYPE 11. GARY HIGLEY. AGENT(S): HUTCHINS
ENGINEERING. OWNER(S): HIGLEY LAKE PROPERTY,LLC. ZONING: WR. LOCATION:
23 JAY ROAD. APPLICANT PROPOSES TO CONSTRUCT A 137 SQ. FT. PORCH ADDITION
ONTO AN EXISTING HOME. THE FOOTPRINT OF THE EXISTING HOME IS 2,448 SQ. FT.
WITH A 1,218 SQ. FT. DECK. A PORTION OF THE DECK WILL BE REPLACED WITH THE
SCREEN PORCH. THE CURRENT FLOOR AREA IS 4,306 SQ. FT. WITH THE NEW FLOOR
AREA TO BE 4,443 SQ. FT. NO CHANGES TO EXISTING SITE CONDITIONS. PURSUANT TO
CHAPTER 179-4-080&z 179-3-040,SITE PLAN FOR NEW FLOOR AREA SHALL BE SUBJECT TO
PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 77-2019,AV 57-2019,
SP 30-2020,AV 23-2020. WARREN CO.REFERRAL: N/A. SITE INFORMATION: GLEN LAKE,
CEA. LOT SIZE: .23 ACRE. TAX MAP NO.289.10-1-14. SECTION: 179-4-080,179-3-040.
GARY HIGLEY,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this applicant proposes to construct a 137 square foot porch addition onto an existing
home. The applicant appeared before the Zoning Board last week and that variance was granted for a
shoreline setback, and I note under waivers that I would accept the waivers as submitted.
MR. TRAVER-Okay. Thank you. Good evening. Welcome back. So after our discussion with you the
other day,you went to the Zoning Board of Appeals for your variance and that variance was approved. As
a result of your meeting with the ZBA,were there any changes to your plans?
MR.HIGLEY-No,there were not.
MR. TRAVER-So it's unchanged from what we saw previously.
MR.HIGLEY-It was approved unanimously.
MR. TRAVER-Okay. Questions,comments from members of the Board?
MR. DIXON-It's pretty straightforward.
MR. TRAVER-Okay. This is a Type II under SEQR. So no SEQR review is required. We have a draft
resolution.
MRS. MOORE-You need to open your public hearing.
MR. TRAVER-I'm sorry. Yes. There is a public hearing on this application. My apologies. Is there
anyone in the audience that wanted to discuss this application with the Planning Board? Seeing none,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-Thank you for that,and with that we will hear that motion.
RESOLUTION APPROVING SP#64-2023 GARY HIGLEY
The applicant has submitted an application to the Planning Board:Applicant proposes to construct a 137
sq.ft.porch addition onto an existing home. The footprint of the existing home is 2,448 sq.ft.with a 1,218
sq.ft.deck.A portion of the deck will be replaced with the screen porch. The current floor area is 4,306 sq.
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(Queensbury Planning Board 10/24/2023)
ft. with the new floor area to be 4,443 sq. ft.. No changes to existing site conditions. Pursuant to chapter
179-4-OSO&179-3-040,site plan for new floor area shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
The Planning Board made a recommendation to the Zoning Board of Appeals on 10/17/2023-1 the ZBA
approved the variance requests on 10/1S/2023;
The Planning Board opened a public hearing on the Site plan application on 10/24/2023 and continued the
public hearing to 10/24/2023 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 10/24/2023;
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 64-2023 GARY HIGLEY, Introduced by Michael Dixon who
moved for its adoption;
Per the draft provided by staff conditioned upon the following conditions:
1) Waivers request granted: items g. site lighting, h. signage, j. stormwater, k. topography, 1.
landscaping, n traffic, o. commercial alterations/ construction details, , q. soil logs, r.
construction/demolition disposal s.snow removal these are reasonable to request a waiver of these
items as the project occurs on a portion of the existing deck and no other changes to the site are
proposed. Items provided included p floor plans.
2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for
requesting an extension of approval before the one (1)year time frame has expired.
3) Adherence to the items outlined in the follow-up letter sent with this resolution.
a) If application was referred to engineering, then engineering sign-off required prior to signature of
Zoning Administrator of the approved plans;
b) Final approved plans should have dimensions and setbacks noted on the site plan/survey,floor
plans and elevation for the existing rooms and proposed rooms in the building and site
improvements,
c) Final approved plans, in compliance with the Site Plan, must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building and
Codes personnel;
d) The applicant must meet with Staff after approval and prior to issuance of Building Permit
and/or the beginning of any site work;
e) Subsequent issuance of further permits,including building permits is dependent on compliance
with this and all other conditions of this resolution;
f) As-built plans to certify that the site plan is developed according to the approved plans to be
provided prior to issuance of the certificate of occupancy;
g) Resolution to be placed on final plans in its entirety and legible.
Motion seconded by Brady Stark. Duly adopted this 24`h day of October 2023 by the following vote:
AYES: Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Stefanzick,Mr. Etu,Mr. Deeb,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan
MR. TRAVER-You are all set.
MR.HIGLEY-Thank you very much.
MR. TRAVER-The next item under Old Business is Schermerhorn Construction LLC. This is Site Plan
61-2023 and Freshwater Wetlands permit 11-2023.
SITE PLAN NO. 61-2023 FRESHWATER WETLANDS 11-2023 SEQR TYPE: UNLISTED.
SCHERMERHORN CONSTRUCTION, LLC. AGENT(S): EDP. OWNER(S): HOLDINGS,L.P.
SCHERMERHORN RESIDENTIAL. ZONING: O. LOCATION: 575 BAY ROAD. APPLICANT
PROPOSES TO CONSTRUCT A 41,201 SQ. FT. FOOTPRINT BUILDING FOR 76 UNITS. AN
EXISTING 3,200 SQ. FT. BUILDING WILL REMAIN AS A MAINTENANCE BUILDING. THE
PROJECT INCLUDES SITE WORK FOR STORMWATER, LANDSCAPING, LIGHTING AND
PARKING. PROJECT WORK ALSO INCLUDES DEMOLITION OF SOME EXISTING
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(Queensbury Planning Board 10/24/2023)
OUTBUILDINGS WITH OTHER OUTBUILDINGS AND EXISTING HOUSE TO REMAIN
UNCHANGED. THE PROJECT HAS WORK WITHIN 100 FT.OF WETLANDS AND IS SUBJECT
TO A COORDINATED REVIEW THE TOWN BOARD FOR THE EXTENSION OF THE SEWER
DISTRICT. PURSUANT TO CHAPTER 179-3-040,179-5-100 AND CHAPTER 94,SITE PLAN FOR
A MULTIFAMILY BUILDING IN THE OFFICE ZONE AND WORK WITHIN 100 FT. OF
WETLANDS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL.
PLANNING BOARD MAY ACCEPT LEAD AGENCY,CONDUCT ENVIRONMENTAL REVIEWS
AND PROVIDE RECOMMENDATION. WARREN CO. REFERRAL: SEPTEMBER 2023. SITE
INFORMATION: WETLANDS. LOT SIZE: 1499 ACRES/1.3 ACRES. TAX MAP NO. 296.7-1-2,
296.7-1-3. SECTION: 179-3-040,179-5-100,CHAPTER 94.
JON ZAPPER&JOE DANNIBLE,REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this application is to construct a 41,201 square foot footprint building for 76 units. The
project has work within 100 feet of wetlands and is subject to coordinated review with the Town Board
for the extension of the sewer district. This evening the Board can accept Lead Agency. They can conduct
SEQR review and they can provide a recommendation to the Town Board if they wish.
MR. TRAVER-Okay. Thank you. Good evening. Welcome back.
MR. ZAPPER-Good evening, everyone. For the record,Jon Lapper with Joe Dannible, project engineer
from Environmental Design,and so Rich purchased this property earlier this year, about 16 acres, and he's
proposing a conforming building, a single building, in the Office zone, adjacent to two multi-family
projects that already exist. We submitted a traffic report which showed that there was peak hour,
morning and evening was less than one car per minute on a County Road with a designated left turn lane,
very good sight distance. The Town Engineer comments were just very few and very straightforward
about stormwater and Joe responded to all of that and submitted that to Laura a while ago. I don't think
we have a,it was very straightforward stuff. As she said,we can't have Site Plan and Freshwater Wetlands
permit tonight because we have to go to the Town Board first. We're connecting to the sewer district. So
we need you to complete SEQR before they can act on that. Pretty straightforward project that's setback
far from Bay Road as required because of the 600 foot zoning for multifamily, and as I mentioned multi-
family on both sides,north and south, and it doesn't have access to Country Club on the west side. So a
very ancillary project. One driveway. There's actually already an Army Corp permit for the stream
crossing which we need the Freshwater Wetlands permit for disturbance within 100 feet but no impact
on wetland at all. With those general comments,I'll ask Joe to walk you through the Site Plan.
MR. TRAVER-Okay. Thank you.
MR. DANNIBLE-Again, good evening. So the site plan, we have a single point of access onto Bay Road.
Coming in there's an existing crossing there. We're simply widening that crossing to allow for better
emergency access to the site. We come into the site, we have a three story building with 76 units, 140
parking spaces scattered around the building, each close and proximate to the main entrances of that
building. We are providing for some ancillary recreational space. We're taking the existing driveway
that's there,turning it into a trail system,a linear park if you will. We also have additional out to the rear
of the site near the pond that could be used for passive recreational uses. In addition to that, there are
some existing structures on site. The running sheds will be removed from the site. There are some
buildings out in the back. Those will be re-purposed as maintenance facilities for the equipment associated
with the maintenance of the property. As we said,we need to connect to municipal sewer for which we're
seeking a district extension. We will be connecting to municipal water and we've prepared a full
compliant stormwater pollution prevention plan for the site.
MR. TRAVER-Okay. Thank you. For the Board,our first business tonight will be to accept Lead Agency.
As you might recall we had requested Lead Agency Status and that has been granted. So the first item of
business for us is to Accept that Lead Agency. So I believe we have a draft resolution. Does anyone have
any concerns or comments regarding the acceptance of Lead Agency on this? Okay.
RESOLUTION ACCEPTING LEAD AGENCY SP#61-2023 FWW 11-2023 SCHERMERHORN
WHEREAS,the applicant proposes to construct a 41,201 sq.ft.footprint building for 76 units.An existing
3,200 sq.ft.building will remain as a maintenance building. The project includes site work for stormwater,
landscaping, lighting and parking. Project work also includes demolition of some existing outbuildings
with other outbuildings and existing house to remain unchanged. The project has work within 100 ft. of
wetlands and is subject to a coordinated review with the Town Board for the extension of the sewer
district. Pursuant to chapter 179-3-040,179-5-100 and Chapter 94, site plan for a multifamily building in
the Office zone and work within 100 ft.of wetlands shall be subject to Planning Board review and approval.
Planning Board may accept lead agency,conduct environmental reviews and provide recommendation.
5
(Queensbury Planning Board 10/24/2023)
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, in connection with the project, the Town of Queensbury Planning Board, by resolution,
previously authorized the Community Development Office to notify other involved agencies of the desire
of the Town Board to conduct a coordinated SEQR review,
WHEREAS, the Zoning Administrator has advised that other involved agencies have been notified and
have consented to the Town of Queensbury Planning Board being lead agency;
NOW,THEREFORE BE IT RESOLVED:
MOTION TO ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH SITE PLAN
61-2023 &z FRESHWATER WETLANDS 11-2023 SCHERMERHORN CONSTRUCTION, LLC.
Introduced by Michael Dixon who moved for its adoption,seconded by Warren Longacker.
As per the draft resolution prepared by staff.
Duly adopted this 24`h day of October 2023 by the following vote:
AYES: Mr. Longacker,Mr. Stark,Mr. Stefanzick,Mr. Etu,Mr. Deeb,Mr. Dixon,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan
MR. TRAVER-And,let's see,the next order of business is under SEQR to do the SEQR review,and I think
we have a public hearing which we open first, Laura, prior to SEQR? So we'll go ahead and open the
public hearing. Is there anyone in the audience that wanted to comment to the Planning Board on Site
Plan 61-2023 or the Freshwater Wetlands application 11-2023? I'm not seeing anyone. Are there written
comments,Laura?
PUBLIC HEARING OPENED
MRS. MOORE-I'll acknowledge that the DEC has provided response and the applicant is corresponding
back and forth with them. So there is a DEC permit that's involved,but that doesn't impact our SEQR
review.
MR. TRAVER-Right. Okay. All right. Well then we will go ahead and close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-We can look at the environmental impacts here as mentioned by the applicant. The main
impacts are the wetlands and stormwater both of which have been addressed in the application I believe.
Does anyone have any environmental impact concerns?
MRS. MOORE-Mr. Chairman, they provided a Full Environmental Assessment. Do you want me to go
through the assessment questions?
MR. TRAVER-I'll ask the Board. Does the Board want Laura to review the whole SEQR application?
MR. DIXON-1 could go either way. It maybe nice to have it on the record since it is a large project.
MR. TRAVER-Okay. Well it is, the written part is part of the record already. Go ahead, Laura,if you
don't mind. That would be good.
MR.ZAPPER-Before you get started,I apologize I didn't mention. We did get a SHPO signoff letter which
has also been submitted.
MR. TRAVER-Good. Thank you.
MRS. MOORE-So the first question is Impact on Land The proposed action may involve construction
on,or physical alteration of,the land surface of the proposed site.
MR. DIXON-No.
MRS. MOORE-And so I can go through the sample questions. The proposed action may involve
construction on land where depth to water table is less than 3 feet.
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(Queensbury Planning Board 10/24/2023)
MR. TRAVER-No.
MRS. MOORE-The proposed action may involve construction on slopes of 150/o or greater.
MR. TRAVER-No.
MRS. MOORE-The proposed action may involve construction on land where bedrock is exposed, or
generally within 5 feet of existing ground surface.
MR. TRAVER-No.
MRS. MOORE-The proposed action may involve the excavation and removal of more than 1,000 tons of
natural material.
MR. TRAVER-No.
MRS. MOORE-The proposed action may involve construction that continues for more than one year or in
multiple phases.
MR. TRAVER-No. That's certainly not the hope.
MRS. MOORE-The proposed action may result in increased erosion, whether from physical disturbance
or vegetation removal(including from treatment by herbicides).
MR. TRAVER-No.
MRS. MOORE-The proposed action is,or may be,located within a Coastal Erosion hazard area.
MR. TRAVER-No.
MRS. MOORE-And then other impacts, and if there are no other impacts,you checked all as small or no
impact may occur,so I would check no for Impact on Land.
MR. TRAVER-Right.
MRS. MOORE-Question Two, Impact on Geological Features The proposed action may result in the
modification or destruction of,or inhibit access to,any unique or unusual land forms on the site(e.g.cliffs,
dunes,minerals,fossils,caves).
MR. TRAVER-No.
MRS. MOORE-Impacts on Surface Water The proposed action may affect one or more wetlands or other
surface water bodies(e.g. streams,rivers,ponds or lakes).
MR. TRAVER-No.
MRS. MOORE-Impact on Groundwater The proposed action may result in new or additional use of
ground water,or may have the potential to introduce contaminants to ground water or an aquifer.
MR. TRAVER-No.
MRS. MOORE-Impact on Flooding The proposed action may result in development on lands subject to
flooding.
MR. TRAVER-No.
MRS. MOORE-Impacts on Air The proposed action may include a state regulated air emission source.
MR. TRAVER-No.
MRS. MOO RE-Impact on Plants and Animals The proposed action may result in a loss of flora or fauna.
MR. TRAVER-No.
MRS.MOO RE-Impact on Agricultural Resources The proposed action may impact agricultural resources.
MR. TRAVER-No.
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(Queensbury Planning Board 10/24/2023)
MRS.MOO RE-Impact on Aesthetic Resources The land use of the proposed action are obviously different
from, or in sharp contrast to, current land use patterns between the proposed project and a scenic or
aesthetic resource.
MR. TRAVER-No.
MRS. MOORE-Impact on Historic and Archeological Resources The proposed action may occur in or
adjacent to a historic or archaeological resource
MR. TRAVER-No, and as commented by the applicant,I think we have a SHPO signoff.
MRS. MOORE-Number Eleven Impact on Open Space and Recreation The proposed action may result
in a loss of recreational opportunities or a reduction of an open space resource as designated in any adopted
municipal open space plan.
MR. TRAVER-No.
MRS.MOO RE-Impact on Critical Environmental Areas The proposed action may result be located within
or adjacent to a critical environmental area(CEA)
MR. TRAVER-No.
MRS. MOORE-Thirteen Impact on Transportation The proposed action may result in a change to
existing transportation systems.
MR. TRAVER-No.
MRS. MOORE-Impact on Energy The proposed action may cause an increase in the use of any form of
energy.
MR. TRAVER-No.
MRS. MOORE-Impact on Noise, Odor and Light The proposed action The proposed action may result
in an increase in noise,odors,or outdoor lighting.
MR. TRAVER-No.
MRS. MOORE-Number Sixteen Impact on Human Health The proposed action may have an impact on
human health from exposure to new or existing sources of contaminants.
MR. TRAVER-No.
MRS. MOORE-Consistency with Community The proposed action is not consistent with adopted land
use plans.
MR. TRAVER-No.
MRS. MOORE-Consistency with Community Character The proposed project is inconsistent with the
existing community character.
MR. TRAVER-No. Laura, since I'm the only one answering,you're going to have to repeat this for each
member of the Board.
MRS.MOORE-I'm just going back to Impacts on Surface Water,only because it talks about wetlands and
I just want to make sure that we haven't checked it. Either need or don't need to check a box. So the only
question,back on Impacts on Surface Water "The proposed action may involve construction within or
adjoining a freshwater or tidal wetland, or in the bed or banks of any other water body." It does,but it's
only a crossing.
MR. TRAVER-Right.
MRS. MOORE-So that can be checked as no.
MR. TRAVER-Correct..
MRS. MOORE-And that's the only one I identified. So that finishes SEQR. So since they're all no you
can move for a negative declaration.
S
(Queensbury Planning Board 10/24/2023)
MR. TRAVER-Okay. Does anyone have any questions or comments regarding SEQR? Okay. We have a
resolution.
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP#61-2023 FWW 11-2023
SCHERMERHORN
The applicant proposes to construct a 41,201 sq.ft.footprint building for 76 units.An existing 3,200 sq.ft.
building will remain as a maintenance building. The project includes site work for stormwater,
landscaping, lighting and parking. Project work also includes demolition of some existing outbuildings
with other outbuildings and existing house to remain unchanged. The project has work within 100 ft. of
wetlands and is subject to a coordinated review with the Town Board for the extension of the sewer
district. Pursuant to chapter 179-3-040,179-5-100 and Chapter 94, site plan for a multifamily building in
the Office zone and work within 100 ft.of wetlands shall be subject to Planning Board review and approval.
Planning Board may accept lead agency,conduct environmental reviews and provide recommendation.
The proposed action considered by this Board is Unlisted in the Department of Environmental
Conservation Regulations implementing the State Environmental Quality Review Act and the regulations
of the Town of Queensbury;
No Federal or other agencies are involved;
Part 1 of the Long EAF has been completed by the applicant;
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 61-2023&z FRESHWATER
WETLANDS 11-2023 SCHERMERHORN CONSTRUCTION LLC.Introduced by Michael Dixon who
moved for its adoption.
As per the resolution prepared by staff.
1. Part II of the Long EAF has been reviewed and completed by the Planning Board.
2. Part III of the Long EAF is not necessary because the Planning Board did not identify potentially
moderate to large impacts.
Motion seconded by Warren Longacker. Duly adopted this 24`h day of October 2023 by the following vote:
AYES: Mr. Stark,Mr. Stefanzick,Mr. Etu,Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan
MR. TRAVER-All right, and so now we move to the Recommendation to the Town Board. Now this is
because the applicant is seeking an extension for the connection to the sewer system. I think the only
question that commonly arises with regards to that is the capacity, and I know you've had discussions
regarding that and I believe, I'm not sure that I saw specific documentation, but I remember seeing
somewhere that you have been assured that we have the capacity to withstand that expansion. Is that
correct?
MR. DANNIBLE-Yes.
MR. TRAVER-Do members of the Board have any questions, comments, concerns regarding providing a
positive recommendation to the Town Board for that? Okay. Then we can hear that.
RESOLUTION RE: TOWN BOARD RECOMMENDATION RE: SP#61-2023 FWW 11-2023
WHEREAS,the applicant proposes to construct a 41,201 sq.ft.footprint building for 76 units.An existing
3,200 sq.ft.building will remain as a maintenance building. The project includes site work for stormwater,
landscaping, lighting and parking. Project work also includes demolition of some existing outbuildings
with other outbuildings and existing house to remain unchanged. The project has work within 100 ft. of
wetlands and is subject to a coordinated review with the Town Board for the extension of the sewer
district. Pursuant to chapter 179-3-040,179-5-100 and Chapter 94, site plan for a multifamily building in
the Office zone and work within 100 ft.of wetlands shall be subject to Planning Board review and approval.
Planning Board may accept lead agency,conduct environmental reviews and provide recommendation.
9
(Queensbury Planning Board 10/24/2023)
MOTION FOR RECOMMENDATION TO THE TOWN BOARD TO GRANT SEWER DISTRICT
EXTENSION FOR SITE PLAN 61-2023 &z FRESHWATER WETLANDS 11-2023
SCHERMERHORN CONSTRUCTION,LLC.
The Planning Board based on limited review has not identified any significant adverse impacts that cannot
be mitigated with this proposal.
Introduced by Michael Dixon who moved for its adoption.
Motion seconded by Nathan Etu. Duly adopted this 24`h day of October 2023 by the following vote:
AYES: Mr. Stefanzick,Mr. Etu,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan
MR. ZAPPER-Thanks,everybody. We're off to the Town Board
MR. TRAVER-The next section of our agenda is New Business,and before us we have Marc Garvey. This
is Site Plan 67-2023.
SITE PLAN NO. 67-2023 SEQR TYPE: UNLISTED. MARC GARVEY. OWNER(S): GARVEY
SISTERS, LLC. ZONING: CI. LOCATION: 257 DIX AVENUE. APPLICANT PROPOSES
CONSTRUCTION OF A 72,00 SQ. FT. BUILDING FOR AUTO DETAILING AND BODY WORK.
THE BUILDING WILL BE 16 FT. +/- IN HEIGHT AND HAVE 4 BAY DOORS. THE EXISTING
21,425 SQ. FT. SALES AND SERVICE BUILDING TO REMAIN UNCHANGED. THE PROJECT
INCLUDES INCREASING PARKING, NEW TRAVEL LANE AREA, CONNECTION OF SEWER
AND WATER SERVICES, LANDSCAPING, LIGHTING FOR NEW BUILDING, AND
STORMWATER MODIFICATION. PURSUANT TO CHAPTER 179-3-040,SITE PLAN FOR NEW
CONSTRUCTION OF AN AUTO DETAILING AND BODY WORK BUILDING IS SUBJECT TO
PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 75-2000,SP 44-2003,
SP 55-2018,SP 10-2022. WARREN CO. REFERRAL: OCTOBER 2023. LOT SIZE: 697 ACRES.
TAX MAP NO. 303.15-1-3. SECTION: 179-3-040.
BRANDON FERGUSON,REPRESENTING APPLICANT,PRESENT;MARC GARVEY,PRESENT
MR. TRAVER-Laura?
MRS.MOORE-So this application is to construct a separate 7,200 square foot building which will be used
for auto detailing and body work. The building will be about 16 feet in height and have four bay doors.
The existing 21,425 square foot sales and service building is to remain. The project includes increasing
parking, new travel lane area, connection of sewer and water for that particular building. I do note that
on a site visit by Bruce Frank,there were some site issues that need to be resolved, and the applicant can
explain. There was a reasoning why they were, like the entry lane was changed and that was due to a
requirement by the manufacturer company. So I'll let them explain that,but those are some details that
need to be worked out. Potentially the Board could table it this evening and hear it in November.
MR. TRAVER-Okay. Good evening. Tell us about your project.
MR.FERGUSON-Brandon Ferguson from Environmental Design with Marc Garvey here tonight. Sothis
is about a seven acre parcel in a CI zone. I think it was maybe about a year ago we were in here,maybe a
little more,for modifications to the existing dealership building with the expansion of that,re-working of
the parking lot area. That was the requirements of Hyundai for their upgrades. So now we're in here
because we're looking to construct a detail/auto body building kind of behind the existing car dealership.
So we have frontage on Dix Ave and then on the rear and the east side we have Bennett Drive. On the west
side we have Triangle Park Road. So these are private roads. We're not really abutting any other projects,
or any other development, but the proposed auto detail and auto body shop will go behind that. So it
would be to the rear off of Dix Ave and we're going to have a little bit of additional impervious area, some
parking,some travel for that structure. Water is going to be connected through the existing building. So
there's no new water service for this. It's going to be connected on site,and the same with sewer. We're
going to connect to the existing sewer connection. So we're not making anew lateral as well. Stormwater
management, we are enhancing the stormwater on site, kind of increasing the sizes of the existing
infiltration area. There's an existing infiltration basin on site. That's been functioning for years. We
analyzed it. We're adding some more area to that as well. That was reviewed by the Town Engineer.
They came back with some comments and we responded to those a little over a week ago. So hopefully by
November we'll have signoff. There was nothing major in there that we weren't able to overcome. As far
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as the additional stuff that Laura was talking about. So there were a few changes, as Marc was going
through kind of the final stuff on his dealership building. So for the parking lot,and actually this is shown
on your current plans here. He had to make some changes to the drive aisles. Hyundai required that
there's direct access to the auto shop or the service center on the building. So when you come in,you used
to have to kind of go around all the display cars to get to the service center. So what we had to do was
kind of create direct access to that service area.
MR.TRAVER-And in doing that you did not request a site plan modification. That's why it's unapproved
development for November?
MR. FERGUSON-Yes, is my understanding, and that does only impact the display cars really. So this
parking area is really where he keeps his inventory of his cars. It didn't change the dimensions of the
parking lot. It just changed the striping in that area in order to allow that access. The other thing was
that he had a few sheds on the previous site before that building was re-done, and when he was going
through the modification he added a little stone pad near the dumpster area. It was Number Two crushed
stone,clean crushed stone, and one of those sheds was moved to that area, and we didn't have that on the
original approved plans.
MR. TRAVER-Okay.
MR. FERGUSON-So what we're going to do is we're getting an as built of that and coming back in next
month to show that on there. It meets all the setbacks and everything. We're not going to be over
impervious area,floor area or anything like that.
MR. GARVEY-Actually we'll move the shed,remove a couple of containers.
MR. TRAVER-Okay. So prior to your return in November, we will have an accurate and complete site
plan so we'll be prepared to be able to do Site Plan Review with an accurate depiction of what it is that
you're now proposing. Is that correct?
MR. FERGUSON-Yes.
MR. TRAVER-Okay. Questions,comments from members of the Board?
MR. STEFANZIK-Do you currently do auto detailing and body work in your existing building?
MR. GARVEY-This facility is also part storage. So we do auto detailing now,but in the industry things
are changing. Now you're going to ceramic coating and paint protection,which requires a really dust free
area, and so that's what we're moving towards in that facility.
MR. STEFANZIK-So are we introducing any hazardous material that you haven't been using before?
MR. GARVEY-No.
MR. DIXON-I notice in the Staff Notes here under the summary, it just talks about discussion for site
landscaping. Is there anything extra that you could do a little bit just to?
MR. FERGUSON-1 mean that area along the road there, I mean that was kind of re-landscaped, I don't
know, not that long ago, and obviously he needs some kind of visibility in there for the cars. That's an
important part of a car dealership, and then this building right now is kind of pushed so far to the back
and off the road, it's not going to be that visible from Dix Ave. As far as landscaping around it, I don't
know. Right on the pavement I wouldn't want to do anything. Right off the pavement,just because of
plowing activities when they come in with their plow. That's a landscaping bed in front of the existing
dealership building now. The new building where we have pavement up to it,is because that's where the
bays are.
MR.DIXON-I mean even on the back side. It doesn't even have to be ornamental,but if you add anything.
MR. FERGUSON-Yes,I'm sure we could add something on the back side.
MR. DIXON-If you find something to put on there,I would certainly be happy.
MR. TRAVER-Yes,if you could think about that for next month,that would be appreciated.
MR. GARVEY-Visual of the store is important so we're that kind of people we want to make sure it looks
great.
MR. DIXON-And when I went to the site,your new traffic pattern,it's actually much nicer.
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MR. GARVEY-It is,plus it's much safer also.
MR. DIXON-Yes. It's easier to get around. My wife and I go out there and a lot and look at cars. It's a
nice dealership.
MR. TRAVER-So we will be tabling this to next month. Laura,I did not bring the draft agendas for next
month. I forgot which meetings.
MR. FERGUSON-I think you had the 14`h on the Staff Notes.
MR. TRAVER-The 14`h? Okay. That's the first meeting. All right. Also there is a public hearing on this
application, and because we are tabling this application I think what we would normally do, and correct
me if I'm wrong,Laura,would be to open the public hearing and just leave it open until they come back.
MRS. MOORE-And this one needs to be re-advertised. So it doesn't.
MR. TRAVER-So it really doesn't matter. All right.
MR. DIXON-Laura,is the 14`h our next meeting? That's the second week in November.
MR. TRAVER-That's because of the holiday I think. That's what I have is the 14`h
MR. DIXON-All right.
MR. TRAVER-I have for next month the 14`h and the 2S`h. It's a little different than normal. Okay. All
right. So the public hearing is not open. We will open it in November. Any additional comments or
questions from members of the Board? If not,we'll entertain a tabling motion.
RESOLUTION TABLING SP#67-2023 MARC GARVEY
Applicant proposes construction of a 7,200 sq.ft.building for auto detailing and body work. The building
will be 16 ft. +/-in height and have 4 bay doors. The existing 21,425 sq. ft. sales and service building to
remain unchanged. The project includes increasing parking,new travel lane area,connection of sewer and
water services,landscaping,lighting for new building, and stormwater modification. Pursuant to chapter
179-3-040,site plan for new construction of an auto detailing and body work building is subject to Planning
Board review and approval.
MOTION TO TABLE SITE PLAN 67-2023 MARC GARVEY. Introduced by Michael Dixon who moved
for its adoption,seconded by Brady Stark.
Tabled until the November 14,2023 Planning Board meeting with information due by October 27,2023.
Duly adopted this 24`h day of October 2024 by the following vote:
AYES: Mr. Etu,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Stefanzick,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan
MR. TRAVER-We'll see you next month.
MR. FERGUSON-Thank you.
MR.TRAVER-That concludes our regular agenda. I did want to ask,how are members of the Board doing
on the employee,what is it,the Workplace Violence and sex discrimination or something like that? Okay.
Well if there is anyone who has not submitted that,if you would please try to address that so that we can
get that taken care of,and with that,I think we're done for this evening. I'll entertain a motion to adjourn.
MR. DEEB-So moved.
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF OCTOBER 24TK
2023,Introduced by David Deeb who moved for its adoption,seconded by Nathan Etu:
Duly adopted this 24`h day of October,2023,by the following vote:
AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Stark,Mr. Stefanzick,Mr. Etu,Mr. Traver
NOES: NONE
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ABSENT: Mr. Magowan
MR. TRAVER-We stand adjourned,everyone. Thank you very much. See you next month.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Stephen Traver,Chairman
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