02-20-2024 (Queensbury Planning Board 02/20/2024)
QUEENSBURYPTANNINGBOARD MEETING
FIRSTREGUTAR MEETING
FEBR UARY20Tr,2024
INDEX
Site Plan No. 69-2023 Foothills Builders/Mead's 1.
Petition of Zone Change 1-2023 Tax Map No. 303.5-1-79
FURTHER TABLING
Site Plan No. 61-2023 Schermerhorn Construction 2.
Freshwater Wetlands 11-2023 Tax Map No.296.7-1-2,296.7-1-3
RE-AFFIRM SEQR NEG. DEC.
Site Plan No.70-2023 Edward Ostberg 3.
Petition of Zone Change 4-2023 Tax Map No.290.-1-S,290.-1-7
Site Plan No. 6-2024 Francis&Cindy Steciuk 6.
ZBA RECOMMENDATION Tax Map No.2S9.10-1-46
Site Plan No. S-2024 Michael Shearer 10.
ZBA RECOMMENDATION Tax Map No.240.5-1-6
Site Plan No.7-2024 Quattro Development,LLC 13.
Tax Map No. 302.5-1-94
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 MEETING
FIRST REGULAR MEETING
FEBRUARY 20TK,2024
7.00 P.M.
MEMBERS PRESENT
STEPHEN TRAVER,CHAIRMAN
ELLEN MC DEVITT,VICE CHAIRMAN
FRITZ STEFANZICK,SECRETARY
BRAD MAGOWAN
WARREN LONGACKER
BRADY STARK
DAVID DEEB
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, February 20`h, 2024. This is our first meeting for the month of February and our
third meeting thus far for the year. If you have a cell phone or other electronic device,if you would either
turn the ringer off or turn it off all together, we would appreciate that so it doesn't interfere with the
recording of the meeting. Please make note of the illuminated red exit signs. If we have an emergency,
those are the exits. We also ask that, aside from public hearings, if you wish to have a conversation
amongst yourselves, if you would go to the outer lobby to do that, again, so it doesn't interrupt the
recording of the meeting for the purpose of the minutes. And with that we have a few Administrative
Items. The first being approval of minutes for December,that being December 12 and December 19. Do
Board members have any adjustments or corrections to be made on either of those minutes? Hearing none,
I think we have a draft resolution.
APPROVAL OF MINUTES
December 12,2023
December 19,2023
MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES OF
DECEMBER 12TK &z DECEMBER 19TH , 2023, Introduced by Fritz Stefanzick who moved for its
adoption,seconded by Ellen McDevitt:
Duly adopted this 20`h day of February,2024,by the following vote:
AYES: Mr. Deeb,Mrs. McDevitt,Mr. Longacker, Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Traver
NOES: NONE
MR.TRAVER-Thank you. Also we want to acknowledge and thank the Town of Queensbury and Warren
County Soil & Water for the training that we received before the meeting this evening. It was very
informative. We appreciate that every year on the part of Jim Liebrum. So we also have Site Plan 69-
2023,Petition of Zone Change 1-2023 for Foothills Builders.
ADMINISTRATIVE ITEMS:
SITE PLAN 69-2023&z PETITION OF ZONE CHANGE 1=2023 FOOTHILLS BUILDERS/MEAD'S
TABLE TO MARCH 19,2024
MR.TRAVER-This is a request to table until the March 19,2024 meeting. Do you have comments on that,
Laura?
MRS.MOORE-Right. So they had requested a tabling because they were still following upon their traffic
report,which I think is done at this point.
MR. TRAVER-Okay.
MRS. MOORE-And so they're okay to be placed on the March 19`h agenda.
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MR. TRAVER-Okay. Any questions,comments,concerns regarding that tabling request from the Board?
Okay. Hearing none,we have a draft resolution.
RESOLUTION TABLING SP#69-2023 PZ 1-2023 FOOTHILLS BUILDERS/MEAD'S
Applicant proposes a zone change of a 10.99 acre parcel from Commercial Intensive to Moderate Density
Residential. The project includes construction of 16 buildings with 4 units each as well as community
building and paths. Site Plan review pending Town Board and Planning Board Petition of zone change
review. Pursuant to chapter 179-3-040, 179-10-040 and chapter 94, site plan for construction of a new
multifamily building and work within 100 ft. of wetlands shall be subject to Planning Board review and
approval.Planning Board to complete SEQRA and provide a recommendation to the Town Board.
MOTION TO TABLE SITE PLAN 69-2023, PETITION OF ZONE CHANGE 1-2023 &z
FRESHWATER WETLANDS 12-2023 FOOTHILLS BUILDERS/MEAD'S. Introduced by Fritz
Stefanzick who moved for its adoption,seconded by Ellen McDevitt.
Tabled until the March 19,2024 Planning Board meeting.
Duly adopted this 20`h day of February 2024 by the following vote:
AYES: Mrs. McDevitt,Mr. Longacker,Mr. Stark,Mr. Deeb,Mr. Traver
NOES: Mr. Magowan,Mr. Stefanzick
MR. TRAVER-Okay. Thank you,and next is Site Plan 61-2023 and Freshwater Wetlands permit 11-2023
for Schermerhorn Construction.
SITE PLAN 61-2023 &z FRESHWATER WETLANDS 11-2023 SCHERMERHORN
CONSTRUCTION—REAFFIRM NEGATIVE SEQR DECLARATION
JON ZAPPER, REPRESENTING APPLICANT,PRESENT
MR. TRAVER-This is to re-affirm a Negative SEQR Declaration, as I understand because of a change in
materials or the statistics for the site?
MRS. MOORE-Right. Sothis project,the Board saw this as a 76 unit project,one building,and what had
happened,incoordination with New York State DEC,DEC took a look at it. There was additional project
work that needed to be done where it would raise the building so that the height would be higher than
what was allowed,and therefore this Board hadn't see that information,and it needed to come back to this
Board because it was a referral to the Zoning Board of Appeals. In the meantime the applicant has
proceeded and received, or completed the map plan and report. It should be going to the Town Board at
the,it's coming soon to go to the Town Board so that it can come back to the Planning Board for Site Plan
Review,but prior to us doing that,this Board recognizes that there was a height variance that was needed
and that needs to have our SEQR form re-affirmed.
MR. TRAVER-So with the change in height we need to take a look at SEQR again. Right?
MRS. MOORE-Yes.
MR. MAGOWAN-Mr. Chairman, I'd like to go on the record to say that Schermerhorn Construction is
my brother-in-law. I do not feel,well,that would be your choice if I should abstain from the SEQR vote.
MR. TRAVER-Yes. Thank you. I think as a family member you should probably recuse yourself on this
project.
MR. MAGOWAN-All right. Can I sit here or should I remove myself?
MR. TRAVER-You should remove yourself. Usually the procedure is that you go to the outer lobby until
we're through. Thank you. Do Board members have any environmental impact concerns with the change
in height that's reflected in the updated materials?
MR. DEEB-This has to go back to the Zoning Board for the variance.
MRS.MOORE-Correct. So the next step,so what happens now is that the Town Board has to take action,
and then from the Town Board action it'll go to the Zoning Board of Appeals,and then from there it'll come
back to the Planning Board for Site Plan Review.
MR. DEEB-What's the,how much are they asking for for relief?
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MRS. MOORE-I thought I had it,but I don't have it in front of me.
MR. ZAPPER-I can speak on that. The plans didn't change,but the grading changed, and because of the
way that Queensbury measures either from the highest of natural grade, or the cut, because it's a long
building,one part of it exceeded the height requirement by a few feet. I don't remember what the number
was, a few feet. It's not a massive change on the building. It's just the way it gets measured one corner of
it now requires a variance,but we're already on the agenda,as Laura said,for the first meeting,second meet
in March for the Town Board,for the sewer district,and because we're the SEQR Lead Agency on all of it,
you have to reflect that the SEQR included this Zoning Board action before the Town Board can do this.
MR. TRAVER-Understood. Thank you for that.
MRS. MOORE-So it's proposed to be 47.5.
MR. ZAPPER Just in one corner.
MRS. MOORE-In one corner,versus 40 feet. So seven and a half feet higher than allowed.
MR. ZAPPER-The building didn't change,just the way it got measured.
MR. TRAVER-So are you okay with the information for SEQR?
MR. DEEB-Yes.
MR. TRAVER-Okay. Anyone else have any concerns or comments regarding the SEQR re-affirmation?
Okay. Hearing none,we have a draft resolution to that effect.
RESOLUTION TO RE-AFFIRM SEQR NEGATIVE 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 includes work within 100 ft.
of wetlands.
The proposed action was classified by this Board as an Unlisted Action under the State Environmental
Quality Review Act and the regulations of the Town of Queensbury. This Board implemented coordinated
review and,serving as Lead Agency, adopted a Negative Declaration on October 24,2023.
Thereafter, it was discovered that the amount of fill which must be used in this Action will alter the
calculation of the height of the structure and results in the need for the Applicant to seek and receive an
Area Variance from the Town Zoning Board of Appeal.
MOTION TO REAFFIRM A NEGATIVE DECLARATION FOR SITE PLAN 61-2023 &z
FRESHWATER WETLANDS 11-2023 SCHERMERHORN CONSTRUCTION LLC, FINDING
THAT NO NEW OR DIFFERENT ENVIRONMENTAL IMPACTS WILL RESULT FROM THE
ADDITION OF FILL WHICH WERE NOT PREVIOUSLY ANALYZED. Introduced by Fritz
Stefanzick who moved for its adoption.
Motion seconded by Brady Stark. Duly adopted this 20`h day of February 2024 by the following vote:
AYES: Mr. Longacker,Mr. Stark,Mr. Stefanzick,Mr. Deeb,Mrs. McDevitt,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan
MR. TRAVER-Okay.
MR. ZAPPER-Thank you.
MR. TRAVER-The next section of our agenda is Old Business,and the first item is Edward Ostberg. This
is Site Plan 70-2023 and Petition of Zone Change 4-2023.
OLD BUSINESS:
SITE PLAN NO.70-2023 PETITION OF ZONE CHANGE 4-2023 SEQR TYPE: TYPE 1. EDWARD
OSTBERG. AGENT(S): SRA ENGINEERS. OWNER(S): SAME AS APPLICANT. ZONING:
CLI. LOCATION: 639 &z 0 COUNTY LINE ROAD. (REVISED) APPLICANT PROPOSES TO
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REUSE AN EXISTING 8,087 SQ. FT. BUILDING FOR A MICROBREWERY WITH ASSOCIATED
USES. THE PROJECT INCLUDES SITE ARRANGEMENT FOR AN OUTDOOR COOLER, A
TASTING AREA OF SIX TABLES, AND AN UPDATED SEPTIC SYSTEM WITH CONTROL
BUILDING. THE PROJECT ALSO INCLUDES A PETITION OF ZONE CHANGE TO ADD
MICROBREWERY TO THE ALLOWED USES IN THE COMMERCIAL LIGHT INDUSTRIAL
ZONE. PURSUANT TO CHAPTER 179-3-040 &z 179-5-100 SITE PLAN FOR MICROBREWERY
SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. THE TOWN BOARD HAS
ADOPTED THE PROPOSES ZONE CHANGE. THE PLANNING BOARD WILL REVIEW FOR
SITE PLAN APPROVAL. CROSS REFERENCE: SP 28-1998, SV 1-1990. WARREN CO.
REFERRAL: DECEMBER 2023. SITE INFORMATION: AIRPORT AREA. LOT SIZE: 3.00
ACRES&z 19.00 ACRES. TAX MAP NO.290.-1-8,290.-1-7. SECTION: 179-3-040,179-15-040.
ERIK SANDBLOM, REPRESENTING APPLICANT,PRESENT;EDWARD OSTBERG,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this application comes back to the Planning Board. The Town Board opted to include
that information in the Zoning Code. So now they're using an existing S,OS7 square foot building for
microbrewery and associated use. The project includes site arrangement for an outdoor cooler, a tasting
area with up to six tables,updated septic system with a control building,and so now it's back to this Board
for Site Plan Review.
MR. TRAVER-Okay. Thank you. Good evening. Welcome back.
MR. SANDBLOM-Good evening. Thank you. Erik Sandblom from SRA Engineers. With me is Ed
Ostberg.
MR. TRAVER-Okay. So we last saw your application when you were discussing the project and talking
about the necessity of a zone change to accommodate the microbrewery which has subsequently been
approved by the Town Board. So now we're looking at anything remaining for Site Plan Review. I think
we discussed this at some length previously,but I'll open it up for members of the Board for questions or
comments regarding the Site Plan for the Ostberg project.
MR. STEFANZIK-I just have one comment. Could you help clarify. You're saying you're going to clean
up the landscaping and propose new landscaping. Could you just clarify that?
MR. OSTBERG-Well we had a lot of invasive vines growing or growing up onto the roof and cleared that
out.
MR. STEFANZIK-And what's new about the landscaping that you're going to be putting in?
MR. OSTBERG-We're not changing landscaping.
MR. STEFANZIK-You're not putting any new landscaping?
MR. OSTBERG-No,we're not proposing any new landscaping.
MR. TRAVER-They're just cleaning it up.
MR.OSTBERG-Cleaning up the stuff that's been growing for the last few years. It's climbing up the trees
and killing the trees. So we've cleaned all that off the trees.
MR. TRAVER-What is that Virginia Creeper or something that does that?
MR. OSTBERG-It's creeping.
MR. TRAVER-So no other change to your project since we last discussed it?
MR. SANDBLOM-That's correct.
MR. TRAVER-Okay. Any other questions from members of the Board,comments?
MR. LONGACKER-Is your septic all going to be on the one property,or is it on the other property?
MR. SANDBLOM-There's two parcels there. So the disposal field is on the parcel that kind of wraps
around,the parcel that the building is on. They're both owned by Ed.
MR. LONGACKER-Okay. I saw a For Sale sign next door when I drove by it on that one lot.
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MR. OS TBE RG-Somebody wants to buy it,when we get the brewery going first,then it's for sale.
MR. LONGACKER-Understood. Okay.
MR. STEFANZIK-There's also a comment here about revising drawings for the width of the drive lanes
from the Fire Marshal.
MR. OSTBERG-I have no idea about that.
MR. STEFANZIK-They would like to see revised drawings showing width of drive lanes not less than 20
feet wide.
MR. TRAVER-That's just clarification on your final plans you submit to the Town because of emergency
vehicles. They need to be specifically labeled as to width.
MR. SANDBLOM-Yes,that's no restrictions.
MR. TRAVER-Okay. So we can put a condition on that.
MR. MAGOWAN-You get tractor trailers backing up around in the back and then you've got the circular
front.
MR. OSTBERG-Tractor trailers can do a U turn back there. So it's not an issue.
MR. TRAVER-Okay.
MR. MAGOWAN-I'd just like to bring up that I'm very pleased that you've made it this far and that now
we're going to have another hometown brewery right on the other side of Town. So it's been a little time
coming but I'm waiting for that tasting room.
MR. TRAVER-There is a public hearing on this application as well. Is there anyone in the audience that
wanted to address Site Plan 70-2023 with the Planning Board? I'm not seeing any takers in the audience.
Laura's checking for written comments.
PUBLIC HEARING OPENED
MRS. MOORE-There's no written comments.
MR. TRAVER-Okay. Thank you. Then we'll go ahead and close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-Anything remaining for Board members, or are we ready to proceed? Okay. I think we
have a draft approval resolution with the one condition that we added.
MR. STEFANZICK-That's,there are no drive lanes less than 20 feet wide.
MR. TRAVER-Right.
RESOLUTION APPROVING SP#70-2023 PZ 4-2023 EDWARD OSTBERG
(Revised)Applicant proposes to reuse an existing S,OS7 sq.ft.building for a microbrewery with associated
uses. The project includes site arrangement for an outdoor cooler,a tasting area of 6 tables,and an updated
septic system with control building. The project also includes a petition of zone change to add
microbrewery to the allowed uses in the Commercial Light Industrial zone.Pursuant to chapter 179-3-040
&179-5-100 site plan for microbrewery subject to Planning Board review and approval. The Town Board
has adopted the proposed zone change. The Planning Board will review for site plan 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;
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The Planning Board opened a public hearing on the Site plan application on 12/19/2023 and continued the
public hearing to 2/20/2024 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 2/20/2024;
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 70-2023&z PETITION OF ZONE CHANGE 4-2023 EDWARD
OSTBERG;Introduced by Fritz Stefanzick who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted j. stormwater,o. commercial alterations/construction;
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 year expiration date of 2/20/2025-1
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) There are no drive lanes that are less than 20 feet wide.
Motion seconded by Brad Magowan. Duly adopted this 20`h day of February 2024 by the following vote:
AYES: Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Traver
NOES: NONE
MR. TRAVER-You are all set. Good luck.
MR. SANDBLOM-Thank you.
MR.TRAVER-The next section of our agenda is Recommendations from the Planning Board to the Zoning
Board of Appeals on variances, and the first item is Francis&r Cindy Steciuk. This is Site Plan 6-2024.
PLANNING BOARD RECOMMENDATIONS TO THE ZONING BOARD OF APPEALS
SITE PLAN NO. 6-2024 SEQR TYPE: TYPE II. FRANCIS &z CINDY STECIUK. AGENT(S):
ENVIRONMENTAL DESIGN PARTNERSHIP, LLC. OWNER(S): FRANCIS J. STECIUK REV.
LIVING TRUST. ZONING: WR. LOCATION: 374 GLEN LAKE ROAD. APPLICANT
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PROPOSES EXTENSIVE HOUSE RENOVATIONS INCLUDING REMOVAL OF THE HOME,
CONSTRUCTING ADDITIONS AND A NEW ROOF. THE EXISTING HOME HAS A
FOOTPRINT OF 1,162 SQ.FT.,171 SQ.FT. OF DECK/PORCH AREAS AND A DETACHED 783 SQ.
FT. GARAGE. THE GARAGE TO REMAIN UNCHANGED. THE ADDITION WILL BE 242 SQ.
FT. INCREASING THE CURRENT 1,945 SQ. FT. FLOOR AREA TO 2,357 SQ. FT. THE PROJECT
WORK INCLUDES NEW PATIO AREAS,SEPTIC SYSTEM,SHORELINE MODIFICATIONS FOR
ACCESS, EROSION CONTROL AND IMPROVED VEGETATED BUFFER. PURSUANT TO
CHAPTER 179-3-040 &z 179-6-065, SITE PLAN FOR NEW FLOOR AREA AND HARD
SURFACING WITHIN50 FT. OF THE SHORELINE AND EXPANSION OF A NON-
CONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR SETBACKS AND PERMEABILITY.
PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF
APPEALS. CROSS REFERENCE: AV 5-2024. WARREN CO. REFERRAL: N/A. SITE
INFORMATION: CEA, GLEN LAKE. LOT SIZE: 0.65 ACRE. TAX MAP NO. 289.10-1-46.
SECTION: 179-3-040,179-6-065.
CONNOR DE MYER, REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-This application,the applicant proposes extensive house renovations including removing
portions of the home, constructing an addition and a new roof. The existing footprint is 1,162. It has a
deck area of 171 square feet and a detached garage of 7S3 that remains unchanged. They're adding an
addition of 242 square feet. I'll just skip to the variances. The master bedroom addition is to be 37.6 feet
from the shoreline where a 50 foot shoreline setback is required, and then the permeability is changing.
It's proposed to be at 71.60/o where 750/o is required.
MR. TRAVER-Okay. Thank you. Good evening.
MR.DE MYER-Good evening. Connor DeMyer with Environmental Design Partnership,representing the
Steciuks. Tonight we're looking for a Planning Board recommendation to the Zoning Board for tomorrow
night's meeting. We're doing the house renovations,kind of making the house from a cabin to a year round
residence for the owners. There's on-site wastewater, stormwater management devices and some
shoreline enhancements as well.
MR. TRAVER-Okay. Could you talk in a little bit more detail about the shoreline buffering,how you're
improving that?
MR. DE MYER-Yes. So, Laura, if you want to go to Sheet Four. So currently the shoreline buffer
vegetation on there is kind of vague and it's dying and stuff. So we're representing some stone walls and
a nice beach area with a lot of new plantings,kind of get it up to Code per the regulations.
MR. TRAVER-Okay. Questions,comments from members of the Board?
MR. STEFANZIK-I did see there is a comment about the private well,the distance to the absorption field.
I couldn't find it on the map. Is it listed and is it greater than 100 feet away from it?
MR. DE MYER-It's well over 100 feet. The well kind of sits, if you see on the map there where it says
flagpole. It's right on the bottom. That's where the well is. It's 150 feet away. It's kind of right on the,
almost on the shoreline,the well,it's stuck right in there,right on the"G"flag.
MR. STEFANZIK-The other question I have is the permeable pavers that you're going to be putting in
right by the shoreline. You've got to dig down a couple of feet, right towards the, I couldn't tell the
elevation,but it is that going to end up being the base below the high water mark of the lake?
MR. DE MYER-It should be pretty much right at the base of the high water mark. We're allowed to have
some sort of hard scape within that separation from the lake.
MR. STEFANZIK-It just seemed like from the configuration it's very close to the lake,just looking at the
level of disturbance that's created at the base there. You couldn't put just grass there instead of pavers?
MR. DE MYER-There are a couple of steps down and there's a landing area. That's the permeable, the
landing is permeable so the steps can have some sort of stormwater device so that it doesn't run right in.
MR.MAGOWAN-Do you have a maintenance program for the permeable pavers? Because the pollen and
especially the,the next thing you know those permeable pavers don't do anything.
MR. DE MYER-Yes, I believe there's a stormwater maintenance agreement in the stormwater narrative,
and that received signoff from the engineer. They don't need to review it anymore.
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(Queensbury Planning Board 02/20/2024)
MR. MAGOWAN-Well,I just want to make sure that's going to be maintained.
MR. DE MYER-Yes,of course.
MR. MAGOWAN-That's a lot of work and a lot of people don't want to blast them out, and the other
question I have is you talk about that well. Isn't that on the neighbor's yard?
MR. DE MYER-No,it's on our parcel.
MRS. MOORE-I didn't come out. It's not visible.
MR. MAGOWAN-I see kind of a purplish well over here.
MRS. MOORE-Yes, so he's saying where the letter "G" is on the flag, that's where the actual well is for
them. So I would somehow just make it clear.
MR. DE MYER-And then there's a well casing on the other property.
MRS. MOO RE-Right. So I mean it's sort of logical that the wells are in proximity of each other. It's just
not labeled right now.
MR. TRAVER-Should we have that clarified on the final plans,Laura?
MRS. MOORE-Yes.
MR. MAGOWAN-I'm trying to think,is it a shared well? Are you getting it from the lake?
MRS. MOORE-No,it's not labeled,or if it was labeled,it's covered up.
MR. DE MYER-Also on Sheet Three it's on there with the radius and setbacks.
MR. MAGOWAN-It is?
MR. DE MYER-It is on my sheet. It's right on the"G".
MRS. MOORE-Yes,so something's overlaid on top of it.
MR. MAGOWAN-Thank you.
MR.STEFANZIK-There's also a comment here about protection of water's permit required from the DEC.
Can you talk about that? There's a comment in here, jurisdictional determination. It's just saying a
protection of water's permit from the DEC will be required because the project is going to occur below the
high water mark of the lake.
MR. DE MYER-I'm not too familiar with that exactly. I can look into it,though.
MR. STEFANZIK-Yes,maybe we can talk about that at Site Plan.
MRS. MC DEVITT-That would have an impact on exactly what you were talking about.
MR. STEFANZIK-That's why I brought it up.
MRS. MC DEVITT-And I have to say it does seem like that's a big permeable paver area and then you're
decreasing the permeability.
MR. TRAVER-Even with permeable pavers.
MRS. MC DEVITT-Right,right.
MR. STEFANZIK-Which is why I asked is it possible just to make that one area out of grass.
MR. DE MYER-I can look into it.
MRS. MC DEVITT-Or even if you decreased the size of it.
MR. TRAVER-Well, we can mention, as we refer this to the ZBA, that we're concerned about the
permeability,especially with proximity to Glen Lake.
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(Queensbury Planning Board 02/20/2024)
MRS. MC DEVITT-Right.
MR. DE MYER-Is that where the issue is,proximity to the lake for permeability?
MRS. MC DEVITT-Proximity and the decrease in permeability,yes.
MR. TRAVER-Yes, I think permeability is always an issue,but especially concerning the lake, close to a
significant water body. Anything else from the Board? Okay. So in our recommendation to the ZBA,the
one concern that I've heard about is the significance of the permeability variance being requested? Is that
what I'm hearing from the Board?
MR. STEFANZIK-Also the action required for protection of water supply.
MR.TRAVER-Well that's going to be a requirement. So that's not really regarding the variance. Because
if that's a requirement,they're going to have to comply with that before they can go forward, and we can
also double check that they've looked into that when they come back for Site Plan.
MR. STEFANZIK-Okay.
MR. TRAVER-So just permeability I guess. Does anyone have any other concerns that we want to
communicate to the ZBA? Okay. I guess we're ready for that motion.
RECOMMENDATION RE: ZBA RECOMMENDATION RE:: AV#5-2024 STECIUK
Applicant proposes extensive house renovations including removing portions of the home, constructing
additions and a new roof. The existing home has a footprint of 1,162 sq. ft., 171 sq. ft. of deck/porch areas,
and a detached 7S3 sq. ft. garage. The garage to remain unchanged. The addition will be 242 sq. ft.,
increasing the current 1,945 sq. ft. floor area to 2,357 sq. ft.. The project work includes new patio areas,
septic system,shoreline modifications for access,erosion control and improved vegetated buffer.Pursuant
to chapter 179-3-040 &r 179-6-065, site plan for new floor area and hard surfacing within 50 ft. of the
shoreline and expansion of a non-conforming structure shall be subject to Planning Board review and
approval. Variance: Relief is sought for setbacks and permeability. Planning Board shall provide a
recommendation to the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance,per Section 179-9-070 J 2 b. requires the Planning Board to
provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning
Board of Appeals&Planning Board approval;
The Planning Board has briefly reviewed and discussed this application,the relief request in the variance
application as well as the potential impacts of this project on the neighborhood and surrounding
community,and found that:
MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE
ZONING BOARD OF APPEALS FOR AREA VARIANCE 5-2024 FRANCIS&z CINDY STECIUK.
Introduced by Fritz Stefanzick who moved for its adoption,and
b) The Planning Board,based on a limited review,has identified the following areas of concern:
1) Concerns for permeability associated with this project.
Motion seconded by Warren Longacker. Duly adopted this 20`h day of February 2024 by the following
vote:
MRS. MOORE-So I'm just going to re-word it, instead of reading Letter A,you're going to read Letter B.
So just amend the motion to read Letter B.
MR. STEFANZIK-Okay. Do you want me to read the whole thing over again,then?
MRS. MOORE-You can,yes,just amend the whole resolution. Okay.
AYES: Mr. Magowan,Mr. Stefanzick,Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Stark,Mr. Traver
NOES: NONE
MR. TRAVER-You're off to the ZBA.
MR. DE MYER-Thankyou,guys.
MR. TRAVER-The next item on our agenda, also under a referral to the Zoning Board of Appeals, is
Michael Shearer, Site Plan 5-2024.
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(Queensbury Planning Board 02/20/2024)
SITE PLAN NO.8-2024 SEQR TYPE: TYPE II. MICHAEL SHEARER. AGENT(S) RU HOLMES
ENGINEERS. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 52 RUSSELL
HARRIS ROAD. APPLICANT PROPOSES TO DEMOLISH AN EXISTING HOME TO
CONSTRUCT A NEW 1,358 SQ. FT. FOOTPRINT HOME WITH A FLOOR AREA OF 1, 752 SQ.
FT. THE EXISTING 548 SQ. FT. GARAGE AND 164 SQ. FT. SHED TO REMAIN UNCHANGED.
NO CHANGES ARE PROPOSED FOR THE EXISTING GARDEN BEDS AND TREES. THE
PROJECT INCLUDES UTILIZING THE CURRENT SEPTIC SYSTEM AND MINIMAL
DISTURBANCE AS THE NEW HOME'S PLACEMENT WILL BE SIMILAR TO THAT OF THE
PREVIOUS HOME. PURSUANT TO CHAPTERS 179-3-040, 170-6-050, 179-6-065 &z 147, SITE
PLAN FOR NEW FLOOR AREA IN A CEA AND HARD SURFACING WITHIN 50 FT. OF THE
SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL.
VARIANCE: RELIEF IS SOUGHT FOR SETBACKS AND STORMWATER DEVICE. PLANNING
BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS.
CROSS REFERENCE: AV 33-2011,SP 36-2011,AV 30-2019,SP 42-2019,AV 7-2024. WARREN CO.
REFERRAL: FEBRUARY 2024. SITE INFORMATION: CEA, APA, LGPC. LOT SIZE: 0.27
ACRES. TAX MAP NO.240.5-1-6. SECTION: 179-3-040,179-6-050,179-6-065,147.
BOB HOLMES, REPRESENTING APPLICANT,PRESENT; MICHAEL SHEARER,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-This application is to demolish an existing home to construct a new home that will have a
footprint of 1,358 square feet, a floor area of 1,752 square feet, an existing garage of 548 and a shed of 164
square feet are to remain unchanged. No changes are proposed to the existing gardens and beds. The
project includes utilizing the current septic system and minimal disturbance as the new home will be in a
similar position of the previous home. The variances that are being requested include a bedroom addition,
and it's 33 feet, 9 inches from the shoreline where a 50 foot setback is required. The home on the south
side is 8 feet 3 inches where a 12 foot setback is required. Permeability is proposed at 65.430/o where 750/o
is required and the elevated terrace is treated as a stormwater device and is less than 35 feet from the lake.
MR. TRAVER-Okay. Thank you. Good evening.
MR.HOLMES-Good evening. I'm Bob Holmes with Holmes Engineers. I'm joined by Mike Shearer next
tome and his wife Gabby behind me. Just a quick rundown. Laura obviously gave a quick synapsis,but,
Laura,I have one quick question. You said something about a bedroom addition?
MRS. MOORE-Sorry. That was why I was thinking I pulled the wrong sheet out. I could be wrong. I
did.
MR. HOLMES-Yes,because we have a current three bedroom residence. The plan is to replace it with a
new three bedroom residence. The place that we're working with on the property, the footprint of the
proposed residence is going to largely mimic what is there presently. If anything the existing home falls
within some of the setback. So it's not zoning compliant. Going forward we are going to be able to
improve our setbacks,but we're not going to eliminate the need for the zoning variances. As Laura pointed
out,our existing residence,we're going from 1309 square feet to 1358 square feet. So just to give you a brief
idea. We're really not increasing the size. We're trying our best to provide some more compliant setbacks
than what currently exist. I know one item that is not presently reflected on your drawings, and this is
from a discussion that Laura and my office had,with regards to the presence of a stormwater device within
the 35 foot setback. We went back and forth a little bit. Laura disagrees I think a little bit with our
terminology. In our position it's really not a stormwater device that we're putting there. It's really just a
terraced area that,in which our overflows from our stormwater devices will discharge to. Our thought
was let's put it in to a little landscape feature as opposed to just let the pipe discharge directly,you know,
running down right towards the lake, and part of that,we do have a small reduction in impervious cover
just from the modification of our walkways, sidewalks into that. The existing on-site septic system was
installed,was permitted in 2015,installed in 2018. So we have a current system that meets present Code.
So we're comfortable with that. I guess I'll open it up for questions,Mr. Chairman.
MR. TRAVER-Sure. The concern I have,in terms of going to the ZBA with this project,is the number of
engineering comments that are raised that are referred to by our Town Engineer as significant and may
result in substantial design changes and the recommendation from our Designated Engineer is that the
Board require the applicant to update their application to address these comments. Now I don't know
that all of these,and it's been our common experience that not all of these,in addressing these engineering
comments, don't always end up with the design change, but because there's the concern and some
information,apparently,is lacking that the engineer is seeking to do a proper analysis of this application.
MR.HOLMES-Correct. We did receive the February 7`h comments. Mr. Chairman,I'm prepared to walk
you through what we have, and at your discretion I have some copies for the members if you wish of some
11
(Queensbury Planning Board 02/20/2024)
of our draft responses. It's not a formalized letter,but if you're willing,I'd like to walk you through what
our approach is and how to address these comments.
MR. TRAVER-Have you had discussions with the Town Engineer?
MR.HOLMES-Yes,we have had a conversation with Paul Guillett,the TDE for the Town, and he has not
seen our updated plans yet, but in our phone conversation we've made revisions to the drawings and
obviously verbally he was amenable to our revisions.
MR. TRAVER-Yes. Well normally many of these items would be a matter for site plan, but my own
concern,and I'll reach out to the other Board members in a minute,but primarily because this is in a Critical
Environmental Area, and,you know, anything that is regarding wastewater or stormwater or setbacks or
permeability, any of that nature,is of great concern to us, and so if the engineer has questions, and it may
very well be that the information that you have updated to the engineer has resolved a lot of those issues,
and I'm sure at some point they will be for this project to go forward. The issue I guess forme,as I sit here,
what I have is kind of what I have,not what I might have,and what we're dealing with this evening, as far
as our responsibility is concerned, is a recommendation or communication with the Zoning Board of
Appeals. We're not doing site plan or any of that this evening. We're just addressing any concerns we
have regarding the variances, and because the variances that you're looking at have to do with stormwater
devices and setbacks and so on,my own feeling would be to communicate to the Zoning Board of Appeals
that before an evaluation of variances in a Critical Environmental Area is considered that you perhaps
should have a signoff from the engineer that all of your design materials and so on are in compliance,just
to make sure that everything is approved. It sounds like you may have already addressed that and really
all you're looking for is the engineer to respond and say,okay,we're all right.
MR. HOLMES-Correct. I know that I can walk you through the comments that we have if you'd like
tonight or we can save that for site plan.
MR. TRAVER-You're welcome to do that,but you're not the Town Engineer.
MR. HOLMES-That's right. I know. Mr. Chairman,you picked up on a note that I think the language
was of significant concern.
MR. TRAVER-Yes, and that's not my language.
MR. HOLMES-No,that's right. That's the TDE's language,but the interesting part on mine and is I read
his comments and I was like, these are not items of significant concern. Yes, we can readily make
adjustments to make these, you know, to meet these criteria or concerns that he raised, but I kind of
question the term significant is my only comment in that regard.
MR. TRAVER-Well this is one of the reasons that the Town hires an engineer for us to work with,but let
me open it up to other members of the Board. Maybe I'm the only one that's really concerned about this
specific issue prior to our looking at this for site plan. Other comments, questions from members of the
Board?
MR. STEFANZIK-I think I'd feel pretty comfortable as long as we have the engineer come back with an
approval at site plan,for us to go ahead,that it gets addressed at site plan.
MR. DEEB-Me,too. You can't get final approval until it gets engineer's signoff.
MR. TRAVER-Right. I think that what makes, and it's not unusual for us to have at this stage, in an
application that's going to the ZBA,to have comments from the engineer. What sort of grabbed me a little
bit was there was an implication that the plans might need to be changed, and if that's the case.
MR. DEEB-Then it has to come back again.
MR.HOLMES-They are minor changes. In my opinion they are minor changes.
MRS. MOORE-But you don't think the comments are triggering any new setbacks at this point.
MR.HOLMES-No,I do not.
MRS. MOORE-Okay.
MR. TRAVER-Okay. Well then on that point it sounds as though the Board is not concerned, at this
stage,that there are unresolved engineering comments.
MR.MAGOWAN-I'd like to point out,I'm really impressed how you've tried to stay within your footprint
and you made some minor changes to improving. So I'm giving you kudos for engineering. Now for my
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(Queensbury Planning Board 02/20/2024)
sake I haven't done a lot of work with you and knowing your engineering. So I will ask how you feel
comfortable about the engineering comments,if you can satisfy them without doing this,but the way that
you have laid out the house and what you have done to stay within the footprint and to keep things going,
I am impressed with that and I don't have a problem sending you on to the variance to keep the project
moving, with the understanding that when you come back for the final site plan, don't make me have to
bring the hammer down.
MR. HOLMES-I will say this, that we do have, well we've got a letter in draft form. We do have, and
already we have updated our set of plans. Obviously it was not in sufficient time to have them prepared
for the Board,but we are ready to go and get them back to the TDE here within the next couple of days.
Once we do that, convey it, I would plan on having a direct conversation with Mr. Guillett at LaBella to
figure out what his input is,whether or not he wants a formal response or an informal conversation with
Laura saying,you know,things have been satisfied. Again,that becomes the prerogative of the Board.
MR. TRAVER-What we're looking for is a letter basically saying that the engineer approves your plan.
MRS. MOORE-Yes. So in timing, so the Zoning Board typically looks at it tomorrow and then a week
back,the applicant's back here. That's usually not enough time for the TDE to take that review,but I'm
sure there's probably some informal comments that can be provided,but I don't know if the Board.
MR. TRAVER-It's conditioned on final signoff anyway.
MRS. MOORE-Typically you have done that. So if you want to let it proceed through the variance and
then still have the applicant come back on Tuesday, and if there's additional supporting information that
the applicant can provide at that time,whether it is a signoff or not,at least you can have that conversation.
MR. TRAVER-Yes,I'm not asking for signoff before they can come back.
MRS. MOORE-Okay.
MR. TRAVER-And that's certainly not the Board's feeling. So I think we're fine where we are, after the
discussion. We'll have more discussion at site plan.
MR. DEEB-What's the current permeability?
MR. HO LMES-Currently permeability, let me make sure I get that. Current permeability required by
zoning, 750/o. We have 64.530/o currently permeable, and our adjustment will actually increase it a little
bit to 65.40/o.
MR. DEEB-Because it's a pretty big permeability variance.
MR. TRAVER-It's an improvement.
MR. DEEB-It's an improvement.
MR. TRAVER-It's better than the existing condition. So, okay. Question for Mr. Magowan. You said
you had done a lot of work on this? Have you done any work on this?
MR. MAGOWAN-No,not knowing this engineer. That's what I meant.
MR. HOLMES-Can I just say one caveat for the Board. Our firm has been around awhile. I purchased
the firm from Tom Jarrett. So Jarrett Engineers is now RU Holmes Engineers. You've seen me before this
Board before. My face is not as present as Tom has been in history.
MR. TRAVER-He's been threatening to retire for about three or four years.
MR.HOLMES-Yes.
MR.MAGOWAN-Nowyou say that,it's coming back to me,and I've known Tom Jarrett for 40 plus years.
I feel even more comfortable now.
MR.HOLMES Just a little background. I worked for Tom for 27 years.
MR. TRAVER-Okay. Anything else from the Board? Are we ready to make our recommendation to the
ZBA?
RESOLUTION RE: ZBA RECOMMENDATION RE: AV#7-2024 MICHAEL SHEARER
13
(Queensbury Planning Board 02/20/2024)
Applicant proposes to demolish an existing home to construct a new 1,35E sq. ft. footprint home with a
floor area of 1,752 sq.ft..The existing 54 S sq.ft.garage and 164 sq.ft.shed to remain unchanged.No changes
are proposed for the existing garden beds and trees.The project includes utilizing the current septic system
and minimal disturbance as the new home's placement will be similar to that of the previous home.
Pursuant to chapters 179-3-040,179-6-050,179-6-065&147,site plan for new floor area in a CEA and hard
surfacing within 50 ft. of the shoreline shall be subject to Planning Board review and approval. Variance:
Relief is sought for setbacks and stormwater device. Planning Board shall provide a recommendation to
the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance,per Section 179-9-070 J 2 b. requires the Planning Board to
provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning
Board of Appeals&Planning Board approval;
The Planning Board has briefly reviewed and discussed this application,the relief request in the variance
application as well as the potential impacts of this project on the neighborhood and surrounding
community,and found that:
MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE
ZONING BOARD OF APPEALS FOR AREA VARIANCE 7-2024 MICHAEL SHEARER.,Introduced
by Fritz Stefanzick who moved for its adoption,and
a) The Planning Board,based on a limited review,has not identified any significant adverse impacts
that cannot be mitigated with current project proposal.
Motion seconded by Brad Magowan. Duly adopted this 20`h day of February 2024 by the following vote:
AYES: Mr. Stefanzick,Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Stark,Mr. Magowan, Mr. Traver
NOES: NONE
MR. TRAVER-You are off to the ZBA.
MR.HOLMES-Mr. Chairman,would you allow one question?
MR. TRAVER-Sure.
MR. HOLMES Just to make sure. Obviously, the plan,provided we go through the ZBA tomorrow, the
plan right now is to next week, I just want to make sure, if we can't see an official letter back from the
TDE,is some form of unofficial e-mail or acknowledgement amenable to the Board to proceed? With the
condition that we get signoff?
MR. TRAVER-Yes,that will be a condition of any site plan approval, and I think with the discussion that
we've already had this evening when you come back next week,you'll have had further discussion with the
engineer, and I think your comments,unless something dramatic changes between now and next week,I
think that a follow up discussion that you will have with us as to where you stand with the engineering
comments that we're looking at this evening should be fine.
MR. HOLMES-Okay. Very good. The new plan we come back with, I can point you to every instance
where we've made a modification.
MR. MAGOWAN-All right.
MR. DEEB-Good luck.
MR.HOLMES-Thank you.
MR. TRAVER-The next section of our agenda is New Business, and the item under New Business is
Quattro Development,LLC. This is Site Plan 7-2024.
NEW BUSINESS:
SITE PLAN NO.7-2024 SEQR TYPE: TYPE 11. QUATTRO DEVELOPMENT,LLC. AGENT(S):
ABD ENGINEERS. OWNER(S): NORTH COUNTRY DEVELOPMENT. ZONING: C1.
LOCATION: 538 AVIATION ROAD. APPLICANT PROPOSES TO REMOVE AN EXISTING 1,500
SQ. FT. BUILDING TO CONSTRUCT A 1,720 SQ. FT. AUTOMOBILE OIL CHANGE FACILITY
WITH ASSOCIATED SITE WORK. PROJECT INCLUDES GRADING, STORMWATER
MANAGEMENT, LIGHTING AND LANDSCAPING. PLANS ALSO INCLUDE CLOSING ONE
CURB CUT AND IMPROVING THE OTHER CURB CUT TO ALLOW FOR TWO WAY TRAFFIC
TO USE ONE ENTRANCE AND TWO EXITS. PURSUANT TO CHAPTER 179-3-040,SITE PLAN
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(Queensbury Planning Board 02/20/2024)
FOR A NEW COMMERCIAL USE IN A CI ZONE SHALL BE SUBJECT TO PLANNING BOARD
REVIEW AND APPROVAL. CROSS REFERENCE: SV 31-2002,AV 84-1993, SP 12-2015, SP 54-
2015. WARREN CO. REFERRAL: FEBRUARY 2024. SITE INFORMATION: TRAVEL
CORRIDOR. LOT SIZE: 0.65 ACRE. TAX MAP NO. 302.5-1-94. SECTION: 179-3-040.
CASEY MC MANNIS&MIKE HAIGH, REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this applicant proposes to remove the existing 1500 square foot building to construct a
1,720 square foot automobile oil change facility with associated site work. Project includes grading,
stormwater management, lighting, landscaping, includes closing one curb cut and improving the other
curb cut to allow for two way traffic,use of the one entrance and two exit areas. I had identified some
items that the applicant now has submitted,such as floor plans as well as some building elevations on each
side of the building, and then I indicated some additional information for lighting and snow removal that
we needed and I'm sure that information will be shared with us this evening.
MR. TRAVER-Okay. You say you have received those things?
MRS. MOORE-I've received them electronically. I don't know,were you able to print them and provide
them? So we now have them in hard copy as well.
MR. TRAVER-Okay. Gotcha. Okay. Thank you.
MR. HAIGH-And just to introduce ourselves. I'm Mike Haigh with Quattro Development,representing
the developer.
MR. MC MANNIS-And I'm Casey McMannis with ABD Engineers.
MR. TRAVER-Okay. Welcome. Tell us about your project.
MR. MC MANNIS-We're seeking Site Plan approval for a Take Five Oil Change building to be located at
53S Aviation Road,right across from the Silo Restaurant. It's on the south side of Aviation Road. The site
is .65 acres and is located within the Commercial Intensive zoning district. A half-acre of disturbance is
planned. The site is currently occupied by the Lake George Baking Company building with a parking lot
and two DOT curb cuts. The applicant is proposing a single, one story, approximately 1700 square foot
automotive service facility,providing strictly express oil changes. Parking will be roughly the same as the
existing site,and we're proposing 11 spaces plus three banked spaces. The west curb cut will remain with
modifications. The east curb cut will be removed and will be replaced with green space along Aviation
Road. The site plan's been submitted to the DOT and we're awaiting plan response from those. One
dumpster is proposed at the rear of the building. Lights will all be LED down type lighting. Lighting on
the building will be decorative sconce style lighting. The building will connect to existing sewer and
water. Green space will be increased overall and most of that will take place along Aviation Road.
Stormwater management consists of two drywells and infiltration practice which will take advantage of
Queensbury's sandy soils. The proposed design meets Town of Queensbury standards. Do you have
anything,Mike?
MR.HAIGH-I do. I think just to further that. One of the benefits of this use for this site is its low traffic
impact. I know that can be a very busy interchange on Aviation Road,specifically with the grade changes.
Take Five Oil Change averages about 40 customers a day. A good location's 50, which is significantly
lower than any type of food use or typical retailers. So from a traffic impact standing,I believe that's a net
benefit,and then I think I just also wanted to highlight our stormwater discharge,our runoff will decrease
on Aviation Road in that right of way. I just drove the site today for the first time in six months, since I
was out here last,and I didn't realize how steep that,I guess it would be the eastern curb cut is.
MRS. MOORE-It is.
MR.HAIGH-I think closing that off significantly helps the safety of that intersection there also.
MR. DEEB-I agree with that.
MR.HAIGH-I was in a rental car,luckily,because it bottomed out when I went down it.
MR. MAGOWAN-You ought to see cars come down that when it's icy.
MR.HAIGH-Yes,exactly. Exactly.
MR. MAGOWAN-A quick question while we're on that. Did you ever look into being able to access the
Aviation Mall Service Road?
15
(Queensbury Planning Board 02/20/2024)
MR. HAIGH-We did. There's a cost benefit analysis with regards to, it's a pretty steep grade change
heading south to meet up with that ring road, and we decided, and our client did not want us to push for
that at this time, from an engineering standpoint, and also, they didn't need it for their use. I think we
would have proposed a food use,they're much more,just talking as a retail developer here. They're much
more concerned about like full access. Oil change is a little bit less off the cuff type of use.
MR. MAGOWAN-I'm just really thinking more of exiting, especially for that going left. Obviously you
don't live in the area,but I can tell you times on that road,you have four lanes, all right, and even though
you've got two lights,we seem to race from light to light,and I always get concerned, and that was one of
the things that I always,I love to go to the Bakery,but I always made sure I was going right,but one of the
things that we did in Queensbury,and I'm sorry,I didn't mean to take over,Mr. Chairman,but was when
we were developing a little to the west there,we made that,the Aviation Mall put in this access road and
a shared access, and,you know,it wouldn't be hard just to go back, I don't know what the process was,
but really even if you added for a convenience,because I will tell you, cars will back up all the way to the
other light sometimes,especially school times and rush hours.
MR.HAIGH-Yes,I mean our client and us,we decided not to pursue that on this site plan application from
both a tenant operating standpoint. They didn't feel like they needed that extra access,but I definitely
understand your concern.
MR. MAGOWAN Just for egress,you know.
MR.HAIGH-No,I totally understand that. I mean,you know,I think the,taking a left out,I guess one of
the things I think would help is that Take Five, and this is more of an internal operations thing,they're a
little countercyclical in terms of rush hour. Most people don't get their oil changed between five and seven
p.m. It's actually,their peak hour of the day is three p.m. and ten a.m. That's what they find.
MR. TRAVER-Yes,that makes sense.
MR.HAIGH-So,you know,but anyway,I definitely understand your concerns.
MRS. MOORE-Can you go over just quickly the process,because it's a bit different than a traditional oil
change facility.
MR. TRAVER-Yes,I guess so. Yes.
MR. HAIGH-Yes. So this is,you know,we are showing on this plan 11 parking stalls with three I believe
set aside for future. This is a little bit different than almost any other national quick service lube in that
you don't leave your car at all, and they only offer basically three services, which is oil changes, cabin air
filters, and wiper blades. So no tire rotations,no transmission fluids,no brakes,no mufflers,no anything
like that. So really they look between five and ten minutes total time from when you enter and the time
when you leave. As just a side note, I personally use Take Five because I hate going to those weird little
waiting rooms to get my oil changed. That's always been like the daytime t.v. So it appeals to at least my
demographic of not having to leave their car. That is a little bit different. There's no extra noise from any
other ancillary service.
MR. DEEB-You stay in the car?
MR. HAIGH-Yes,you stay in your car. They don't have a lift. It's a slit trench. So you'll see in the floor
plan. They go underneath and change your oil. So you just pull in.
MR. DEEB-Now that's interesting.
MR. STEFANZIK-So is there a pit? Is there going to be a pit?
MR.HAIGH-There is,I think they call it a slit trench.
MR. MAGOWAN-Kind of like Valvoline.
MR.HAIGH-It's a little bit different than Valvoline in that Valvoline has a much deeper basement. We've
done a project for Valvoline before in Indiana.
MR. STEFANZIK-So when you do renovate this property,you're going to knock down what's there now
and renovate this property.
MR.HAIGH-Yes.
MR. STEFANZIK-You're going to,in that existing foundation,dig holes,or the whole foundation?
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(Queensbury Planning Board 02/20/2024)
MR.HAIGH-The foundation will be demolished.
MR. STEFANZIK-Demolished and then a new foundation with those.
MR. HAIGH-New footings, and in the slab they cut in I think what they call a slit trench,but it's where
the employee gets on some sort of OSHA approved thing and goes under your car. It's not a full basement
like some of the others.
MR. MAGOWAN-It's not a full standup.
MR.HAIGH-It's not a full standup.
MR. TRAVER-So do you guys change the oil filter as well,or just literally just the oil?
MR.HAIGH-That's a great question that I should know but I don't because I don't do that.
MR. MAGOWAN-Probably the filter and the oil at the same time.
MR. TRAVER-A lot of them the filter is actually on top. Anyway,it doesn't matter,I guess,for purposes
of the site plan.
MR. STEFANZIK-So is there a foundation plan?
MR. HAIGH-I don't know if that would be within the site plan materials. That might be more of a
building. I think that's typically later on when we submit for a full permit.
MR. TRAVER-There is a public hearing on this application as well. Is there anyone in the audience that
wishes to comment to the Planning Board on Site Plan 7-2024? Yes,sir.
PUBLIC HEARING OPENED
DON DANIELS
MR. DANIELS-I'm Don Daniels. I live on Aviation Road. Most of you aren't as old as when I came up
here in 1960, and that spot was a gas station, and they did oil changes there. Mechanics worked. They
changed, they did tires and everything in there, and over the years it turned into a C store and now it's
selling bakery goods,but it did oil change there and if you give these fellows an approval of that for oil it's
going to go back to doing oil changes again.
MR. TRAVER-The original purpose,yes.
MR. DANIELS-And I think when I graduated from college my friend's father bought him a new car for his
graduation for$3,000 and now all the cars are 50 and 60 and$50,000.
MR. TRAVER-And that's just the tax.
MR. DANIELS-And people are seeing the importance of changing the oil. I had 15 gas stations of my own
and we sold a lot of oil to people that probably did it in their backyard,all over the State,all over our Town.
There's pollution in people's backyards, changing their own oil. So I think it's important to have places
that can,I don't know if this is a good idea. I had no idea you can drive in and get done in five minutes or
ten minutes. I think the nice thing about that is the car is driving in and the oil in the car is warm,so the
oil comes out a little bit easier. It's been moving, as opposed to taking it to one of the auto dealers and
leaving your car and then tomorrow,like this morning it was seven degrees and they pull your car in and
change the oil and half of it stays in the car. So this might be a good idea. I don't know. You're going to
have to make that decision. Anyway,those are my comments.
MR. TRAVER-Thank you very much. I'm not seeing anyone else in the audience. Are there other written
comments,Laura?
MRS. MOORE-There are no written comments.
MR. TRAVER-All right. Then we will close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-Are there additional questions,comments from the Planning Board?
MRS. MOORE-So did they cover snow removal?
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(Queensbury Planning Board 02/20/2024)
MR. DEEB-It's a three bay?
MR.HAIGH-Yes.
MR. DEEB-So you've got 12 cars per bay.
MR. HAIGH-Yes, and then typically three to five employees depending on, I think typically on the
weekends they staff a little bit higher just because it's typically a little bit busier on the weekends.
MR. DEEB-And you're going to do windshield wipers.
MR.HAIGH-Wiper blades and air filters.
MR. MAGOWAN-No window washer fluid?
MR. HAIGH-I guess when I say services, that's typically thrown in for free at most places. They might
have some washer fluid. I can throw some in for you.
MR. DEEB-It's pretty expensive today,washer fluid.
MR. HAIGH-I live in Chicago. I understand when it's salty that's the most important thing is washer
fluid.
MR. DEEB-You're going to change the air filter. They have cabin filters inside the car. Are you going to
do those,too? Those can take time.
MR. TRAVER-That's an optional service,right?
MR. HAIGH-I would believe that would be an optional service on the low end of the list of what their
typical revenues are derived from.
MR.TRAVER-They can be a pain to change,though,that's for sure. On my vehicle I had to practically get
a Ph.D.to figure out how to change the filter.
MR. MAGOWAN-Then you've got to get into positions that our bodies just don't like anymore.
MR. TRAVER-Right.
MR. MAGOWAN-What about snow removal?
MR. MC MANNIS-We're anticipating enough green space and room to be able to just push everything to
the side without impacting any of the stormwater management practices or devices.
MR. MAGOWAN-Are you from this area?
MR. MC MANNIS-Yes.
MR. MAGOWAN-Okay. Here in Queensbury we don't like to hear,we just push it wherever we can get
it,you know. We like to have an area where we know where. We count on like this year was nothing,
knock on wood.
MR. TRAVER-Laura,you had something to add. You started to say something.
MRS.MOORE-Yes. So I agree,in reference to snow removal,you just need to label the location that you're
going to put snow removal on.
MR. MC MANNIS-Sure.
MR. TRAVER-On the final plans.
MRS. MOORE-On the final plans. You mentioned there was some, again, I don't think there's enough
detail about the lighting, you know, pole lights, the light fixture that you're using as well as the wall
sconces. I'll need those actual fixture types that you're using.
MR. TRAVER-Cut sheets.
MRS. MOORE-Yes, and the only reason why is because the wall sconce sometimes has two way lighting
and they all have to.
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(Queensbury Planning Board 02/20/2024)
MR. TRAVER-Right,they have to be downcast.
MRS.MOO RE-They all have to be downcast. It's better just to provide the fixture. Then we're all on the
same page.
MR.HAIGH-No problem.
MRS.MOORE-For the Board,in reference to the interconnect,you should include that in your resolution.
If the Board's willing to grant them that they don't have to do the 20 foot interconnect,you should explain
that you're granting them a waiver for not providing the 20 foot interconnect, and you can give a reason,
you know,it's not.
MR. TRAVER-Can the interconnect just be on paper? In other words they can just put it on.
MRS.MOO RE-They can put it on,but usually you want to make it plausible. I don't disagree that there's
definitely a height issue or an elevation issue if they were to do it between the ring road and that. There's
definitely a height constraint right there.
MR. MAGOWAN-Does it dip down?
MRS. MOORE-It's just a very strange curvature there and then for either direction I think you're running
into, again,this height elevation. It just drops, and I'm not sure that's a safe issue to include. That's just
my personal opinion,looking at the grades. I'm not sure that it's a doable item without extra,extra work.
MR. TRAVER-Anything else from the Board? Do we have a prepared resolution?
MR. STEFANZIK-So we're going to add about the location of the snow removal and the lighting?
MR. TRAVER-And the cut sheets for the lighting.
MRS. MOORE-Then I'm just going to add one more sheet in there is the foundation plan. I do need that
for Site Plan. So if you developed a foundation plan,that should be part of the set.
MR.HAIGH-Yes. Okay.
MR. TRAVER-So foundation plan must be submitted to the Town. All right. So we have snow removal,
lighting. Cut sheets for light fixtures and foundation design specs for the Town. That's it,I guess.
MR. STEFANZIK-What about the 20 foot interconnect?
MR. TRAVER-Was that a waiver that was requested?
MRS. MOORE-It's a waiver that they identified tonight.
MR. TRAVER-All right. So we'll add that to the approved waivers..
MR. MAGOWAN-I'm picking up what you said about the,I didn't realize,I mean I take the road,but I'm
paying attention.
MR.HAIGH-It's a little tricky because our site plan kind of cuts off there,but if we were to show the full
topography survey it's real steep. It's probably over,is it 15 feet.
MR. MAGOWAN-That much?
MR.HAIGH-Yes,it goes,it's pretty steep.
MR. STEFANZIK-Okay.
MR. TRAVER-All right. We're ready to hear that resolution.
RESOLUTION APPROVING SP#7-2024 QUATTRO DEVELOPMENT LLC
Applicant proposes to remove an existing 1,500 sq. ft. building to construct a 1,720 sq. ft. automobile oil
change facility with associated site work.Project includes grading,stormwater management,lighting and
landscaping.Plans also include closing one curb cut and improving the other curb cut to allow for two way
traffic to use one entrance and two exits. Pursuant to chapter 179-3-040, site plan for a new commercial
use in the CI zone shall be subject to Planning Board review and approval.
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(Queensbury Planning Board 02/20/2024)
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 2/20/2024 and continued the
public hearing to 2/20/2024 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 2/20/2024;
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 7-2024 QUATTRO DEVELOPMENT,LLC.Introduced by Fritz
Stefanzick who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted; including the waiver for the 20 foot interconnect (not to be
provided).
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 year expiration date of 2/20/2025-1
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) Location of snow removal is to be identified.
m) Cut sheets for lighting fixtures are to be identified.
n) Foundation plans are to be submitted to the Town.
Motion seconded by Warren Longacker. Duly adopted this 20`h day of February 2024 by the following
vote:
AYES: Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Traver
NOES: NONE
MR. TRAVER-You're all set. Good luck.
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(Queensbury Planning Board 02/20/2024)
MR.HAIGH-Thank you.
MR. MC MANNIS-Thank you.
MR. TRAVER-Is there any other business before the Board this evening? Do you have anything for us,
Laura?
MRS. MOORE-No,I don't.
MR. TRAVER-In that case,we're off until next week, and I'll entertain a motion to adjourn.
MR. MAGOWAN-So moved.
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF FEBRUARY
20TI 2024,Introduced by Brad Magowan who moved for its adoption,seconded by Warren Longacker:
Duly adopted this 20`h day of February,2024,by the following vote:
AYES: Mr. Magowan,Mr. Stefanzick,Mrs. McDevitt,Mr. Stark,Mr. Deeb,Mr. Longacker,Mr. Traver
NOES: NONE
MR. TRAVER-We stand adjourned. Thanks,everybody.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Stephen Traver,Chairman
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