03-26-2024 (Queensbury Planning Board 03/26/2024)
QUEENSBURYPTANNINGBOARD MEETING
SECOND REGULAR MEETING
MARCH26TH 2O24
INDEX
Site Plan No. 69-2022 Garden World Associates 1.
Petition of Zone Change 5-2022 Tax Map No. 302.5-1-49,302.5-1-50
REQUEST FOR ONE YR. EXTENSION
Subdivision No.1-2024 David Howard 2.
PRELIMINARY STAGE Tax Map No. 30S.7-1-4S.1
TABLING REQUEST
Site Plan No.IS-2023 Hudson Headwaters Health Network 2.
REQUEST FOR ONE YR. EXTENSION Tax Map No. 30S.16-2-4.3
Site Plan No.5-2023 Geraldine Eberlein 3.
FURTHER TABLING Tax Map No.227.17-1-25,227.17-1-24 (septic)
Site Plan No.13-2024 Redbud Development 4.
FURTHER TABLING Tax Map No.226.19-1-S2
Site Plan No.7S-2023 Mary Sicard 4.
Petition of Zone Change 5-2023 Tax Map No.297.20-1-2.1
Special Use Permit 5-2023
FURTHER TABLING
Subdivision No.2-2024 Mountain Vista Properties,LLC 5.
SKETCH PLAN Tax Map No. 315.6-2-12
PUD 1-2024 APEX Capital,LLC 9.
PZ 1-2024 Tax Map No. 307.-1-29
ACKNOWLEDGE RECEIVED APPLICATION
CONSENT TO TOWN BOARD LEAD AGENCY
Site Plan No. 61-2023 Schermerhorn Construction,LLC 16.
Freshwater Wetlands 11-2023 Tax Map No.296.7-1-2,296.7-1-3
Site Plan No.14-2024 AEC Solar Energy Corp. 20.
Tax Map No. 316.13-1-1
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
SECOND REGULAR MEETING
MARCH 26TK,2024
7.00 P.M.
MEMBERS PRESENT
STEPHEN TRAVER,CHAIRMAN
ELLEN MC DEVITT,VICE CHAIRMAN
DAVID DEEB
WARREN LONGACKER
MEMBERS ABSENT
BRAD MAGOWAN
BRADY STARK
FRITZ STEFANZICK
LAND USE PLANNER-LAURA MOORE
STENOGRAPHER-MARIA GAGLIARDI
MR. TRAVER-Welcome to the Town of Queensbury Planning Board meeting for Tuesday, March 26th,
2024. This is our second meeting for the month of March and our sixth meeting thus far for 2024. I
apologize for starting the meeting a few minutes late. We do have a few administrative items this evening.
Let's see,and before Igo through that,I want to remind you,if you notice the illuminated exit signs. Those
are the emergency exits in the event that we have to evacuate the building. If you have a cell phone or
other electronic device, if you would either turn it off or turn the ringer off so as not to interrupt our
proceedings, we would appreciate that. We also ask that, if during the meeting you wish to have a
conversation amongst yourselves, if you would just go to the outer lobby for that. We do record the
meeting for the minutes and if you're having a conversation the microphone can pick that up and it can be
confusing later when the minutes are trying to be transcribed. With that we'll begin with Administrative
Items. The first is Site Plan 69-2022 and Petition of Zone Change 5-2022,Garden World Associates.
ADMINISTRATIVE ITEMS:
SITE PLAN 69-2022&z PETITION OF ZONE CHANGE 5-2022 GARDEN WORLD ASSOCIATES
—REQUEST FOR A ONE YEAR EXTENSION
MR. TRAVER-They're requesting a one year extension Laura?
MRS. MOORE-So they're requesting a one year extension. They are still working on combining the lots
and then being able to start the project. So they've requested a one year extension.
MR. TRAVER-Okay. Any questions, comments, concerns regarding that request from members of the
Board? Hearing none I believe we have a draft resolution.
RESOLUTION GRANTING A ONE YEAR EXTENSION SP # 69-2022 &r PETITION OF ZONE
CHANGE 5-2022 GARDEN WORLD ASSOCIATES
Applicant proposed a parking lot expansion on a 1.09 acre parcel with included site work for additional
hard surface and permeable asphalt. The Planning Board approved this project on March 30, 2023. The
applicant is requesting a one year extension,valid until March 30,2025.
MOTION TO APPROVE A ONE YEAR EXTENSION FOR SITE PLAN 69-2022 &z PETITION OF
ZONE CHANGE 5-2022 GARDEN WORLD ASSOCIATES. Introduced by David Deeb who moved for
its adoption,seconded by Warren Longacker.
Duly adopted this 26`h day of March 2024 by the following vote:
AYES: Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark,Mr. Stefanzick
MR. TRAVER-The next administrative item is Subdivision Preliminary 1-2024 for David Howard.
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SUBDIVISION PRELIMINARY 1-2024 DAVID HOWARD—TABLE TO MAY 16,2024
MR. TRAVE R-They're requesting a tabling until May 16`h of this year. Laura?
MRS.MOORE-So they're still trying to evaluate the stormwater and they wanted to camera the pipes. It's
a little bit off, due to our weather. So he's waiting to be able to do that and hopefully he'll be able to do
that in early May.
MR. TRAVER-Okay. Understood. Any questions,concerns with that request? Okay. We have a draft
resolution.
RESOLUTION TABLING SUB#1-2024 PRELIMINARY STAGE DAVID HOWARD
WHEREAS, the applicant proposes a two lot subdivision of a 25.78 acre parcel. The parcel would be
divided into 24.70 acres and 1.08 acres. The project is located in the MDR zone which requires 2 acres for
lots without sewer and water together.
MOTION TO TABLE SUBDIVISION PRELIMINARY 1-2024 DAVID HOWARD. Introduced by
David Deeb who moved for its adoption,
Tabled to the May 16,2024 Planning Board meeting.
Motion seconded by Ellen McDevitt. Duly adopted this 26`h day of March 2024 by the following vote:
AYES: Mr. Longacker,Mr. Deeb,Mrs. McDevitt,Mr.Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark,Mr. Stefanzick
MR. TRAVER-Thank you,and next we have Site Plan 18-2023 for Hudson Headwaters Health Network.
SITE PLAN 18-2023 HUDSON HEADWATERS HEALTH NETWORK — REQUEST FOR A ONE
YEAR EXTENSION
MR. TRAVER-They're requesting a one year extension. Laura?
MRS. MOORE-So this applicant hasn't started this particular project yet and they're actually coming in
for anew project at that site. So they just wanted to preserve the right for the 2023 project before they go
before the Board for the 2024 project.
MR. TRAVER-So would that be a Site Plan modification,or would the old one go away?
MRS. MOORE-Right. It'll replace it.
MR. TRAVER-Replace it. Okay. All right. Any questions,concerns with that request? We have a draft
resolution,I believe.
RESOLUTION GRANTING A ONE YEAR EXTENSION SP # I8-2023 HUDSON HEADWATERS
HEALTH NETWORK
Applicant proposed a modification to the existing 7,132 sq. ft.building in order to construct 598 sq. ft. of
new entrance and stairwell area on the North and South side of the building. Applicant also proposed a
full second story addition to the existing 7, 132 sq. ft. building. The project includes additional parking,
updated stormwater management,landscaping and lighting.
The Planning Board approved this project on March 30,2023.
MOTION TO APPROVE A ONE YEAR EXTENSION FOR SITE PLAN 18-2023 HUDSON
HEADWATERS HEALTH NETWORK. Introduced by David Deeb who moved for its adoption,
seconded by Ellen McDevitt.
Duly adopted this 26`h day of March 2024 by the following vote:
AYES: Mrs. McDevitt,Mr. Longacker,Mr. Deeb,Mr.Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark,Mr. Stefanzick
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MR. TRAVER-The Administrative Item for the Apex Capital project we're going to hold on that. One of
their representatives is not here yet. So we've been asked to wait on that for a little bit. So we'll move on,
for now,to Old Business. The first item is Geraldine Eberlein,Site Plan 5-2023.
OLD BUSINESS:
SITE PLAN NO.5-2023 SEQR TYPE: TYPE 11. GERALDINE EBERLEIN. AGENT(S): STUDIO
A. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 12 SEELYE ROAD
NORTH. (REVISED) APPLICANT PROPOSES DEMOLITION OF AN EXISTING HOME AND
GUEST COTTAGE TO CONSTRUCT A NEW HOME WITH A FOOTPRINT OF 2,411 SQ.FT.,AN
OUTDOOR KITCHEN OF 234 SQ. FT. AND A NEW FLOOR AREA OF 3,343 SQ. FT. THE
PROJECT INCLUDES ASSOCIATED SITE WORK FOR NEW PERMEABLE DRIVEWAY,
STORMWATER MANAGEMENT AND SHORELINE LANDSCAPING. THE PROJECT
INCLUDES INSTALLATION OF A NEW SEPTIC SYSTEM ON THE ADJOINING PROPERTY.
PURSUANT TO CHAPTER 179-3-040,179-6-065,179-6-050,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,FLOOR AREA AND PERMEABILITY. THE PLANNING BOARD SHALL PROVIDE
A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: AV 70-
2007,AV 4-2023. WARREN CO.REFERRAL: FEBRUARY 2023. SITE INFORMATION: CEA,
APA,LGPC. LOT SIZE: 0.31 ACRE. TAX MAP NO.227.17-1-25,227-17-1-24(SEPTIC). SECTION:
179-3-040,179-6-065,179-6-050.
MR. TRAVER-I understand,Laura,that this is to be tabled to April 16`h
MRS. MOORE-Correct.
MR. TRAVER-Okay. Is there any additional comment regarding that tabling, or just waiting for
additional information?
MRS. MOORE-In regards to this one,they're waiting for a full Board.
MR.TRAVER-Okay. All right. Questions,comments from members of the Board regarding that request?
I believe we have a draft resolution. There's also a public hearing on this application. Although it's being
tabled,we will open the public hearing and we will leave it open until this application returns next month.
PUBLIC HEARING OPENED
RESOLUTION TABLING SP#5-2023 GERALDINE EBERLEIN
(Revised)Applicant proposes demolition of an existing home and guest cottage to construct a new home
with a footprint of 2,411 sq. ft., an outdoor kitchen of 234 sq. ft. and a new floor area of 3,343 sq. ft. The
project includes associated site work for newpermeable driveway,stormwater management,and shoreline
landscaping. The project includes installation of a new septic system on the adjoining property. Pursuant
to Chapter 179-3-040,179-6-065,179-6-050,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,floor area and permeability. The Planning Board shall provide a recommendation to the Zoning
Board of Appeals.
MOTION TO TABLE SITE PLAN 5-2023 GERALDINE EBERLEIN. Introduced by David Deeb who
moved for its adoption,seconded by Warren Longacker.
Tabled until the April 16,2024 Planning Board meeting.
Duly adopted this 26`h day of March 2024 by the following vote:
AYES: Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark,Mr. Stefanzick
MR. TRAVER-The next item on our agenda is AEC Solar Energy Corp. This is Site Plan 14-2024. Laura?
MRS. MOORE-Is someone here for the solar project? They're not.
MR. TRAVE R-They're not. Okay. Then we will wait on that one as well. We'll move onto the next
application which is Redbud Development. This is Site Plan 13-2024.
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SITE PLAN NO.13-2024 SEQR TYPE: TYPE II. REDBUD DEVELOPMENT. AGENT(S): REDBUD
DEVELOPMENT. OWNER(S): LAKE PARKWAY RETREAT,LLC. ZONING: WR. LOCATION:
226 LAKE PARKWAY. APPLICANT PROPOSES TO CONSTRUCT A 565 SQ. FT. PAVILION
ADDITION TO AN EXISTING HOME AND TO ALTER TWO OF THE HOME'S DORMERS.
PROJECT WORK INCLUDES IMPROVING THE SITE'S PERMEABILITY, A NEW PLANNING
PLAN, UPDATED PATIO WALKWAY AREAS, RETAINING WALL, AND NEW BOULDER
WALLS. THE PROJECT ALSO INCLUDES EXISTING AND NEW STORMWATER
MANAGEMENT. THE SHORELINE AREA WILL BE IMPROVED WITH A PLANTINGS AND A
RETAINING WALL. PURSUANT TO CHAPTERS 179-3-040, 179-6-065, 179-6-080 &z 179-6-050,
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.
CROSS REFERENCE: AV 72-2005, SP 53-2005, AV 16-2024. WARREN CO. REFERRAL:
MARCH 2O24. SITE INFORMATION: CEA,L G P C,APA. LOT SIZE: 0.62 ACRES. TAX MAP
NO.226.19-1-82. SECTION: 179-3-040,179-6-065,179-6-080,179-6-050.
MR. TRAVER-They're also requesting to be tabled to the April 16`h Planning Board meeting. Laura?
MRS. MOORE-Yes. They weren't able to show up to their Zoning Board meeting last week. So they're
showing up to this week's Zoning Board meeting. So that pushes the Planning Board item off to April.
MR. TRAVER-Interesting. Okay. Questions regarding that request? Okay. We have a draft resolution
somewhere.
RESOLUTION TABLING SP#13-2024 REDBUD DEVELOPMENT
Applicant proposes to construct a 565 sq. ft.pavilion addition to an existing home and to alter two of the
home's dormers. Project work includes improving the site's permeability, a new planting plan, updated
patio walkway areas, retaining wall, and new boulder walls. The project also includes existing and new
stormwater management. The shoreline area will be improved with plantings and a retaining wall.
Pursuant to chapters 179-3-040, 179-6-065, 179-6-080 &r 179-6-050, 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.
MOTION TO TABLE SITE PLAN 13-2024 REDBUD DEVELOPMENT. Introduced by David Deeb
who moved for its adoption,seconded by Ellen McDevitt.
Tabled until the April 16,2024 Planning Board meeting.
Duly adopted this 26`h day of March 2024 by the following vote:
AYES: Mr. Longacker,Mrs. McDevitt,Mr. Deeb,Mr.Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark,Mr. Stefanzick
MR. TRAVER-The next item on our agenda is Mary Sicard, which is Site Plan 78-2023, Petition of Zone
Change 5-2023 and Special Use Permit 5-2023.
SITE PLAN NO.78-2023 PETITION OF ZONE CHANGE 5-2023 SPECIAL USE PERMIT 5-2023
SEQR TYPE: TYPE I. MARY SICARD. AGENT(S): RU HOLMES ENGINEERING, PLLC.
OWNER(S): SAME AS APPLICANT. ZONING: CLI. LOCATION: 340 AND 366 QUEENSBURY
AVENUE. APPLICANT PROPOSES TO USE A PORTION OF AN 8.51 ACRE PARCEL TO
CONTINUE USE FOR A STORAGE YARD (I.E.BOATS AND VEHICLES). THE TWO EXISTING
BOAT STORAGE BUILDINGS AND RESIDENCE TO REMAIN UNCHANGED. THE PROJECT
INCLUDES A PLANTING PLAN ALONG THE FRONT YARD AREA. THE PROJECT ALSO
INCLUDES A ZONE CHANGE TO ADD STORAGE YARD AS AN ALLOWED USE IN THE CLI
ZONE AS A SITE PLAN AND SPECIAL USE PERMIT TO INCLUDE PREPARING ITEMS FOR
STORAGE. PURSUANT TO CHAPTER 179-3-040, 179-10-040, &z 179-5-100, SITE PLAN AND
SPECIAL USE PERMIT SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL.
THIS PROJECT IS SUBJECT TO COORDINATED SEQR REVIEW WITH THE TOWN BOARD.
THE PLANNING BOARD TO ACCEPT LEAD AGENCY, CONDUCT SEQR, AND PROVIDE A
RECOMMENDATION TO THE TOWN BOARD. CROSS REFERENCE: N/A. WARREN CO.
REFERRAL: JANUARY 2024. SITE INFORMATION: AIRPORT AREA. LOT SIZE: 8.51 ACRES.
TAX MAP NO. 297.20-1-2.1. SECTION: 179-3-040,179-10-040,179-5-100.
MR. TRAVER-This application is also be tabled to the April 16 Planning Board meeting. Laura?
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MRS. MOORE-So we're going to table until April 25`h,which is our third Planning Board meeting.
MR. TRAVER-April 25`h. Okay.
MRS. MOORE-And they still need receive their approvals from the Town Board, and that is scheduled for
April,there's two meetings in April for them and for the Town Board and then they'll be before the Planning
Board at the third meeting.
MR. TRAVER-Okay. All right. So tabled to April25. Any questions, concerns regarding that request?
We have a draft resolution.
RESOLUTION TABLING SP # 78-2023 PETITION OF ZONE CHANGE 5-2023 & SPECIAL USE
PERMIT 5-2023 MARY SICARD
Applicant proposes to use a portion of an 8.51 acre parcel to continue use for a storage yard(i.e.boats and
vehicles). The two existing boat storage buildings and residence to remain unchanged. The project
includes a planting plan along the front yard area. The project also includes a zone change to add storage
yard as an allowed use in the CLI zone as a site plan and special use permit to include preparing items for
storage. Pursuant to chapter 179-3-040,179-10-040 &r 179-5-100, site plan and special use permit shall be
subject to Planning Board review and approval. This project is subject to coordinated SEQR review with
the Town Board.The Planning Board to accept lead agency,conduct SEQR,and provide a recommendation
to the Town Board.
MOTION TO TABLE SITE PLAN 78-2023,PETITION OF ZONE CHANGE 5-2023&z SPECIAL USE
PERMIT 5-2023 MARY SICARD. Introduced by David Deeb who moved for its adoption, seconded by
Warren Longacker.
Tabled until the April25,2024 Planning Board meeting.
Duly adopted this 26`h day of March 2024 by the following vote:
AYES: Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark,Mr. Stefanzick
MR. TRAVER-All right. Thank you, and Schermerhorn Construction,we're still waiting for one of their
representatives to arrive. So we'll move on to New Business and this is for Mountain Vista Properties,
LLC. This is actually the Sketch Plan 2-2024.
NEW BUSINESS:
SUBDIVISION SKETCH PLAN 2-2024 SEQR TYPE: UNLISTED. MOUNTAIN VISTA
PROPERTIES,LLC. AGENT(S): EDP. OWNER(S): SAME AS APPLICANT. ZONING: MDR.
LOCATION: 3-21 FOOTHILLS ROAD. APPLICANT PROPOSES TO CONSTRUCT THREE 4-
PLEX BUILDINGS FOR A TOTAL OF 12 UNITS. THE SITE HAS 8 EXISTING UNITS. THE
PARCEL HAS A CUL-DE-SAC THAT IS TO REMAIN. THE PROJECT WOULD INCLUDE
INSTALLATION OF SEPTIC AND CONNECTION TO MUNICIPAL WATER. PURSUANT TO
CHAPTER 179-9-040, DISCUSSION WITH THE PLANNING BOARD MAY BE REQUESTED BY
THE APPLICANT. CROSS REFERENCE: AV 15-1989, SP 64-1988. WARREN CO. REFERRAL:
N/A. LOT SIZE: 5.5 ACRES. TAX MAP NO. 315.6-2-12. SECTION: 179-9-040.
CLARK WILKINSON&r CHRIS RACICOT, REPRESENTING APPLICANT,PRESENT
MRS. MOORE-Is someone here for that?
AUDIENCE MEMBER-We're waiting for him.
MRS.MOO RE-You're waiting for him. If you want to take a five minute recess then I can try to get a hold
of the AEC solar project folks.
MR. TRAVER-Okay. All right. So we'll stand in recess for a few minutes to allow Staff to contact the
applicants. Thank you,Laura.
MRS. MOORE-Mountain Vista is ready now. So unfortunately it still has the word subdivision in there,
but it's not a subdivision. It's a requested discussion regarding construction of three four-plex buildings
for a total of 12 units. The site has an existing 8 units. The parcel has a cul de sac that is to remain. Their
project would include installation of septic and connection to municipal water. I've identified, as well as
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(Queensbury Planning Board 03/26/2024)
discussed with the applicant, that there are some variances in regards to density. So right now the
applicant is getting some feedback from you folks about what that design is.
MR. TRAVER-Okay. Thank you,Laura. Good evening.
MR. WILKINSON-For the record my name is Clark Wilkinson with the Environmental Design
Partnership. With me tonight is Chris Racicot,who's the applicant. We're here,as Laura said,we're here
tonight to discuss this project that Mr. Racicot has. We are proposing, or the existing project, as Laura
said, actually was approved back in 19SS with a total of nine units,and only eight have been built. There
is also a single family that was never built on that project. Also Foothill Drive has been built. The water's
been in. There's a hydrant at the end and cul de sac and that road has been dedicated to the Town.
Foothills Drive also accesses directly onto Corinth Road which as you guys know is a collector road. A
general need for multi-family housing in the Town, I believe there's a need. I lived in this Town for a
number of years,recently moved out,and I believe that this fills a need. The MDR zone that this is in is a
two acre zone and it's classified as Moderate Density Residential and in my opinion two acre lots are not
moderate density. That's fairly low density,but again that's only an opinion. This proposal on the board
has three separate buildings of four units each,townhouse style apartments,similar to a recent project that
Mr. Racicot was involved in on Newcomb Street, same style. The plan is to appear as though it's
continuing the existing project of the duplexes. Because the cul de sac is constructed and is in place there's
literally eight units on that whole cul de sac and the cul de sac makes it look like this whole property hasn't
been fully developed yet. So we're proposing to try to fill that out. We are proposing,again,12 units. The
density of those units would be about two per acre on the average. Again there's public water. We have
adequate soils to do septics. We propose to do one septic system for each of the two units. So there'd be
two septic systems per building. The project also has, is surrounded by more or less developed property.
To the rear,which is the east,is Hudson Point and the lots that abut this area,there's a small little buffer
in there that the Hudson Pointe Homeowners Association,but the lots in general are.3S to.42 acres that
are around there. So a little over two per acre or a little under two per acre. I'm sorry. Then the other
development to the south,which is on the bottom of this sheet ,that is the Inspiration Park development.
The average lot size in there is about a quarter acre lot. So again it would be,they would be four lots per
acre. Again,I took under consideration the whole area owned by the Homeowners Association as well as
the lots and the average density in there is roughly a half acre. When you take all that into consideration,
it's a half acre lot,so in other words two lots per acre. So again the whole idea in this proposal is to try to
fit within the neighborhood, to try to fit the same general density that's in the neighborhood and that's
why we wanted to present to the Planning Board and get some feedback, see what you guys think. We
will need an Area Variance in order to do it,but we think it's a good project and it fits a need for the Town.
So at this time I'd turn it over for questions and consideration.
MR. TRAVER-Sure. Thank you. Yes, well I mean the first thing in looking at sort of the big picture of
the project is the,you know,on paper the 12 units require 24 acres. So it really is,you know,you're looking
at 9.17 acres. So it is quite a significant change from the MDR Code. Since there are some of that type of
housing already existing on the property I suppose that, like you say, it could be interpreted as a
continuation,I guess of a similar development on that property,but I'll open it up to members of the Board
for comments,questions for the applicant.
MRS. MC DEVITT-I've walked that road many times and it seems it's a small road, and density, what
you're proposing,I think is quite a lot.
MR.WILKINSON-What do you mean by small? I don't understand.
MRS. MC DEVITT-The road is not long at all.
MR.WILKINSON-No,it's not.
MRS.MC DEVITT-And it's not even that wide,and it just seems like that's a lot going on in a small space.
MR. TRAVER-So hypothetically would any expansion, do you see any expansion being appropriate,
maybe six units instead of twelve? This is all hypothetical.
MRS. MC DEVITT-Right. Yes,I would prefer it to be substantially less.
MR. TRAVER-Fewer number.
MRS. MC DEVITT-Yes.
MR. LONGACKER-The size of the buildings,this footprint here is probably just a schematic,but just to
compare to the existing duplexes, the new ones there look almost twice the size per unit of the existing
ones. Are you looking to do like a one story,two story?
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(Queensbury Planning Board 03/26/2024)
MR. WILKINSON-They're two story, and the footprint of the four unit complex is about equal to what,
it's actually about 200 square feet bigger than two of the duplexes would be. So it's similar in size to
combining two duplexes. It's similar in size to that.
MR. LONGACKER-Okay. And a gable roof on top of that,too?
MR.WILKINSON-Yes.
MR. LONGACKER-I just drove down the road. I did not walk it. I guess I just wanted to,I don't know
if that parade goes behind here,I just see that one contour information here.
MR.WILKINSON-It's pretty flat.
MR. LONGACKER-It's pretty flat?
MR.WILKINSON-Yes.
MR. LONGACKER-Okay.
MR. WILKINSON-Again on this particular one we're proposing a 100 foot no cut buffer to the rear
towards Hudson Point,and a 75 foot no cut buffer towards the Inspiration Park and to the north it would
be a 25 foot no cut buffer.
MR. LONGACKER-That was a question I had. You have two tree lines here. You have the one that's
shaded dark green which does say the deeded.
MR.WILKINSON-That would be deeded. The other one is what we are currently proposing to disturb.
MR. LONGACKER-On top of that buffer. Understood.
MR. WILKINSON-Exactly-
MR. LONGACKER-Because that is pretty dense in there when I drove by the cul de sac.
MR.WILKINSON-Yes.
MR. TRAVER-David, any comment,question?
MR. DEEB-Can you go over the buffers again,Clark? Can you go over the buffers again?
MR. WILKINSON-Sure. The buffer towards Inspiration Park to the south,which is the bottom of this
sheet,is 75 foot no cut. The buffer to the east,which would be towards Hudson Point,would be 100 foot,
and the buffer to the north would be 25 feet.
MR. DEEB-Okay. Thanks.
MR.WILKINSON-And again that would be deeded no cut.
MR. TRAVER-Well,Warren,what do you think about the number of units?
MR.LONGACKER-I guess I'd like to see what they kind of look like,you know,in relation. I just wouldn't
want something huge there, people behind it, that's all, they'd be able to see through the trees, lighting
behind the buildings,you know,lights back there,but density wise, and these are rentals?
MR.WILKINSON-Yes.
MR. LONGACKER-The current ones rentals,too,or are they townhouses?
MR.WILKINSON-The current ones are rentals as well.
MR. LONGACKER-The currents are rentals,too.
MR. DEEB-And how big are they,the duplexes?
MR. RACICOT-They're about 1,000 square feet a unit.
MR. DEEB-And how many square feet for the new one?
MR.WILKINSON-About 1200,1100,in that range. There's a garage,too.
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MR. RACICOT-The duplexes now have the garages in the middle. The new ones will have the garage
underneath.
MR. DEEB-Nowyou're talking 2,000 square feet,to 4,000. Is that right?
MR.WILKINSON-But again,with the garages included in the unit,the actual appearance of the footprint
for the same,what you're getting,is virtually the site.
MR. DEEB-I see what you're saying. You've got the garage as separate.
MR. WILKINSON-Exactly-
MR. DEEB-Because over here you incorporate it in the building,underneath.
MR.WILKINSON-Yes.
MR. LONGACKER-I'm not 1000/o opposed to it,but I'm not 1000/o for it, either, again,just depending on
the layout of everything,how everything works. I'd like to see that buffer increased,too. If you're going
to leave that buffer,maybe take that 100 foot no cut deeded buffer and make that 150 and make the other
one 100,just to leave more of a buffer on the residential side.
MR. TRAVER-So more buffering?
MR. LONGACKER Just a little more buffering,maybe,you know if they're going to leave that,obviously
it depends on your septic,you know, what you could fit in there size wise,but if we could get more of a
buffer,that would be great.
MR. WILKINSON-The required buffer between multi-family and residential is 25 feet. That's the
required,and we're above that on two sides. Again,we were going for more density. That's why I wanted
to increase that.
MR. DEEB-So what's the capacity of your wastewater,septic?
MR.WILKINSON-It's all sand there. So wastewater would be in ground septics and again two units per
system.
MR. DEEB-How many gallons? Because you're going to have two units per each one.
MR.WILKINSON-Six bedrooms at 110,so 660 each. They're sized according to what we have for.
MR. DEEB-You've got to have them sized properly.
MR.WILKINSON-They're shown on the drawing sized properly.
MR. DEEB-You're talking six separate systems.
MR.WILKINSON-Yes.
MR. LONGACKER-Do you know the size of the water line that's going in there currently?
MR. RACICOT-The waterline that's in there is currently an eight inch with a hydrant at the end of it. So
there's no capacity issues with that. I talked to Chris Harrington about it this morning to make sure.
MR. TRAVER-There's adequate room for septic in addition to what's there already?
MR.WILKINSON-The septics are what's shown in red on the plan,that's the septics,drawn to size based
on the preliminary perks and sizing per two units.
MR. TRAVER-Okay. Questions for us? It sounds generally,in my opinion,as though 12 units might be a
bit much.
MR.WILKINSON-A bit of a stretch.
MR. TRAVER-I'm hearing marginal support for that. I think there may be general support to expand
what's there,but perhaps not 12 units.
MR. DEEB-I'm on the fence with the number of units,but maybe the size of them, I'm not sure. There's
just a lot of pros and cons.
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MR. WILKINSON-Yes, and again with the full application we'd have to present our architecture and
everything else too, as well. I mean it's going to be very similar to what we've had in the past with the
Newcomb Street project. Very residential looking,not a lot of lights on that. I remember going through
that a few times with lighting. We've got the downward lights over top of the garage units, and then in
the back we've got sconces over top of the doors.
MR. DEEB-Okay. I don't know what else we can say.
MR. WILKINSON-1 took away that you're not opposed to it, but the number is what really has to be
looked at,as well as looking at the architecture,too,if I'm not mistaken.
MR. TRAVER-Yes.
MR.WILKINSON-To make sure that it's not too ostentatious.
MR. TRAVER-That's my assessment as well.
MR. DEEB-You are astute.
MR. TRAVER-All right. Thank you. If there's nothing further we'll perhaps look forward to seeing some
more detail from you.
MR. DEEB-I'm sure we'll see you again.
MR.WILKINSON-Thank you.
MR. RACICOT-I appreciate it.
MR. WILKINSON-1 appreciate your time.
MR. TRAVER-Do you want to do Schermerhorn first or West Mountain first? All right. Then we will
next be hearing an Administrative Item. This is Planned Unit Development 1-2024 and PZ 1-2024,Apex
Capital,LLC.
ADMINISTRATIVE ITEM:
PUD 1-2024&z PZ 1-2024 APEX CAPITAL,LLC —ACKNOWLEDGE RECEIVED APPLICATION,
CONSENT TO TB LEAD AGENCY
JON ZAPPER,JEFF ANTHONY&SPENCER MONTGOMERY, REPRESENTING APP.,PRESENT
MR. TRAVER-We have a couple of resolutions to deal with. One is we have to acknowledge that we
received the application, the initial application materials. Although in complete we did receive quite a
packet on this project and we also need to consent to Town Board Lead Agency,which I think probably is
the first thing we should do. Correct,Laura? So,let's see,we have a resolution.
MR. DEEB-I've got it.
MR. TRAVER-You have it. Okay. Well why don't we do that first.
RESOLUTION TO CONSENT TO THE TOWN BOARD AS LEAD AGENCY APEX CAPITAL,LLC
WHEREAS, Apex Capital/Mountain Top Ventures submitted a zone change application to the
Queensbury Town Clerk's office on or about February 12, 2024 to change the zoning from Residential
Commercial to a Planned Unit Development and;
WHEREAS, the applicant submitted an application proposing a planned resort development on an
existing 365.43 acre parcel that currently contains West Mountain, a multi-season recreational facility
that provides winter sports,summer camps,mountain biking,a variety of festivals,and facility site rentals.
The project includes the following major components "Base Area Alpine Village" —mixed use retail and
residential use, Town House Development-56 units, "Hotel/Banquet/Spa Complex/Athletic Club" — SO
room hotel and amenities, "Day- Use Lodge Area"- existing Northwest Mountain Lodge to be renovated
and site amenities include an outdoor amphitheater, and "Single Family Home Development -65 single
family homes.
NOW,THEREFORE BE IT RESOLVED:
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MOTION TO CONSENT TO THE QUEENSBURY TOWN BOARD AS THE LEAD AGENCY FOR
PLANNED RESORT DEVELOPMENT 1-2024 FOR APEX CAPITAL/MOUNTAIN TOP
VENTURES. Introduced by David Deeb,who moved for its adoption.
Motion seconded by Ellen McDevitt. Duly adopted this 26`h day of March 2024 by the following vote:
AYES: Mr. Longacker,Mrs. McDevitt,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark,Mr. Stefanzick
MR. TRAVER-And next we want to acknowledge that we did receive an initial application packet from
the applicant. We have a draft resolution to that effect.
RESOLUTION ACKNOWLEDGING RECEIPT OF APPLICATION APEX CAPITAL,LLC
WHEREAS, the applicant proposes a Planned Resort Development of an existing 365.43 ac parcel that
currently contains West Mountain, a multi-season recreational facility including winter sports, summer
camps,mountain biking,variety of festivals,and facility site event rentals. The proposal includes rezoning
the parcel from Recreation Commercial Zone to a Planned Resort Development. The project includes the
following major components"Base Area Alpine Village"—mixed use retail and residential use,Town House
Development- 56 units, " Hotel/Banquet/Spa Complex/Athletic Club" — SO room hotel and amenities,
"Day- Use Lodge Area"- existing Northwest Mountain Lodge to be renovated and site amenities include
an outdoor amphitheater, and "Single Family Home Development -65 single family homes. Pursuant to
Article 179-12B-050 Planning Board received referral from the Town Board and Town Board Seeks Lead
Agency,Article 179-12B-050(A)(3)Planning Board to acknowledge receipt of application.
WHEREAS, the Planning Board acknowledges receipt of an application submitted by Apex Capital
LLC/Mountain Top Ventures LLC;
NOW,THEREFORE BE IT RESOLVED:
MOTION TO ACKNOWLEDGE RECEIPT OF APPLICATION FOR PUD 1-2024 APEX CAPITAL
/MOUNTAIN TOP VENTURES., Introduced by David Deeb who moved for its adoption, seconded by
Warren Longacker.
As per the draft resolution prepared by staff.
Duly adopted this 26`h day of March 2024 by the following vote:
AYES: Mrs. McDevitt,Mr. Deeb,Mr. Longacker,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark,Mr. Stefanzick
MR. TRAVER-All right,and then we are to receive an overview of your project.
MR. ZAPPER-Yes. I spoke with Laura and since you're accepting the application we thought we'd take
the opportunity to spend a few minutes and just give you the big picture of what's going on here.
MR. TRAVER-Sure.
MR. ZAPPER-So for the record,Jon Lapper with Spencer Montgomery on behalf of the applicant group,
and Jeff Anthony from Studio A, landscape architect engineering. Coincidentally Jeff worked on the
Hiland Park PUD some 30 years ago. This is a planned resort development. So that's why I mentioned
Hiland. It doesn't happen all the time in Queensbury. Like a PUD, a PRD, and Spencer will get into a
little bit of the detail about just how important this is for the Mountain,which is a big source for the Town.
All of our kids learned to ski here. It's a tough time to be a ski mountain,low altitude ski mountain, and
climate change, but we think that this is going to put them on the map more than it is, and he's got a
powerful group of investors and planners behind him that they've been working for a while to put together.
So we're pretty excited about this. We've been working with the Town Board for about a year to get the
application to where it was accepted as complete for review so we could get it to you,but in terms of the
procedure,we come to you first to get a recommendation that goes to the Town Board for public hearing
and a vote and there'll be a lot of tweaking,but to vote on the zone change, and then back to you for Site
Plan Review for the different phases which we'll talk about,but you might remember we had this,over the
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summer,Luizzi Brothers did a re-paving of Quaker Road which was like the best paving job I've ever seen
where they did it at night and it didn't really bother us during the busy season. I thought that was pretty
remarkable. So besides being a large paving contractor, they're a big community developer. They did
Starbuck Island just off, in the Hudson off of Troy which has been very popular, very well received, and
they're working on others in Colonic. So that's who Spencer has as his principle investor in this as a
partner in this and we're excited about that because they're used to doing communities.
MR. DEEB-Can I have that name again?
MR. ZAPPER-Luizzi Brothers. So the most interesting part of this Planned Resort Development is just
like it sounds,to plan out the different phases of this,the different components. Jeff will go into the details,
but it's all on the northwest side. So when you're looking at the Mountain it's on the right which is all
pretty quiet right now,but the development area is all on the flat plain at the bottom which is 1S feet of
sand. We dug test holes which is great for stormwater. We'll talk about the utilities as well.,but just in
terms of the location,it's a very quiet part of the Mountain and this is to turn a quiet part of the Mountain
into something that's going to be a village center with some retail,some outdoor amphitheater,small,but
just an exciting component, a hotel partly up the Mountain, single family, multi-family, condos,
townhouses, some apartments,just to make that lively. We've done traffic analysis, economic analysis.
The book is pretty thorough because we certainly got put through the paces to get to this point to make
this complete and here we're just starting to talk about it. The other interesting thing is we're asking the
Town Board to change the underlying zoning in one respect. There's lots of lots of acreage here,but under
standard Queensbury zoning, you don't build on anything over 200/o, but you don't count that towards
density,and that works great with the golf course which is flat,but when you're building on a ski mountain
it doesn't work at all because the whole thing is over 200/o, except for the area where we're building,but
that's the whole point of this that we want to be,you know,some ski on,ski off and to make it a ski resort
project. So the Town Board's been very open to that. We've had a lot of discussions,but that's also part
of your recommendation as this goes forward. We certainly don't think this is too dense, a dense project,
but in terms of this part of Town can handle it, this Mountain can handle it, and that's what this whole
process will be about,to show you how we planned it. So that's my introduction and I'm going to ask Jeff
to walk you through some of the details of the uses and then Spencer will talk about the big picture.
MR. TRAVER-Thank you.
MR. ANTHONY-Like Jon said, the concept of this is a destination resort. When we say a destination
resort,we don't mean a destination ski area. This is planned as a destination four season resort. So there'll
be amenities for all seasons. Obviously skiing is the prime season for the use, but there'll be spring,
summer, shoulder season and other and summer and winter and other activities planned here. So as a
destination resort,what does that mean? Well first off there are none in New York State. I mean it might
be one on Holiday Mountain towards the western part of the State, six hours away, but that's probably
the closest thing New York State has to a destination resort. A destination resort is a place where a family
can come,skiers can come,recreationists can come,four seasons and get to the resort,stay there,drop their
keys, park their car, have everything they need for amenities, and it doesn't mean they're going to be
trapped there. It means that they can go on to day trips to other ski areas, day trips to other boating
opportunities,hiking opportunities,other opportunities in the area. So it's really,I hate to use the word,
but it's trapping your visitor into Queensbury so they can do other things in the area, not only on this
mountain,but in the area. Why are we proposing this? Well we noticed that there's a,we've noticed this
for years, I've done work throughout upstate New York for 50 years. West Mountain is a day use area
right now. Gore Mountain,Whiteface Mountain,is a day use area. People go there. When they go there
they ski. At the end of the day they've got to get back in their car,pack up all their stuff,go back to a hotel
or motel or home and then they go back there the next day. This is a convenience for attracting long-term
users, short-term users, for a weekend,people for a week,people for a month or whatever, to stay in the
area. So this is a destination resort that's planned. It's quite different from anything other than what you
find in Vermont. What's one of the reasons why we're doing this? Well everybody knows this. New York,
Connecticut,Rhode Island,New Jersey,the skiers come up by S7 and they get to Glens Falls,and what do
they do? Well they make that big right hand turn and hop on that road that goes to Vermont and they go
to the destination resorts in Vermont. So they go to Stratton. They go to Killington. They go to places
like that where they can drop their keys, drop their family,have a great time and just be there. So this is
meant to replace that. This is meant to attract those users to stay in this area. So what are we proposing
here? We're proposing an alpine resort. Alpine resort,the first and key component of this resort is a base
village. A base village is the most important part of this project, and that is the area right, at the lowest
elevation of the Mountain right in here, and in that base village we have a complex of buildings which are
these buildings right in here which center around an outdoor piazza,an outdoor space,and those buildings
surround an outdoor space, and on the first floor are retail components,shops,other things like that. I'm
sure Spencer's planning on putting in a great ski shop in there, to accommodate the users. There'll be a
brand new base village,pardon me,a base lodge,which will be the attraction of the whole village,and then
on the second and third floors will be apartments for short term rentals. So that complex right here of
buildings will be what we call the Alpine Village. Attached to that Alpine Village will be a series of
apartments on that area. This will be four freestanding buildings. Those freestanding buildings will be
on top of a parking deck. The parking deck will have parking below level. The deck will support those
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four buildings,and on that deck will be a concourse which will let people walk into the Alpine Village. So
it'll all be one complex. Parking will be provided for that complex over in this area, and that will supply
parking for the day users and the apartments and the Alpine Village. Now there are also three more
apartment buildings planned. There are these two up there,and one over there,which also are three story
tall apartment buildings,rental obviously, and they'll have outdoor parking for those. In addition to that,
the base area village has four condominium buildings right in that area. Those four condominium buildings
will be for sale. Obviously they would be in a rental pool if need be,and they will be owner occupied and
the owner can then put them into the rental pool. They'll have indoor and outdoor parking. So that
basically is the Phase I Alpine Village project. Now as amenities to that project,we have things called the
beach. The beach for the rental and ownership units is right there. The beach is the area between the
building and the runout of the ski area. That area has things like outdoor amenities like an outdoor
swimming pool,fire pits,hot tubs,outdoor sitting areas,you know, a little bit of kiosks for people buying
a drink, buying a hot dog or something like that, and that's restricted and confined to people who are
renting and living in those units. We also have a beach proposed at the new base lodge. The base lodge
beach will be available to anyone who's skiing. It's like at any ski area,you go out the front door toward
the ski slope,you can sit at a fire pit. You can sit in the chair. You can have hot dog or something like
that. You can buy a glass of wine. There'll be no swimming pool in that area and there'll be no other
amenities other than amenities for skiers. That basically constitutes the Alpine Village part of the project,
which is the Phase I project,which as I believe it right now we're planning,the developers are planning on
building that in its entirety right away, as Phase I. Phase II starts to climb up the Mountain a little bit.
Phase I,by the way,is at the very bottom of the Mountain. It's the best soils. When we did test pits there
we hit 1S, 20 feet of deep sands before we ever hit anything. We never hit groundwater. Stormwater
practices will be fantastic in that area and that's what we're relying on for stormwater basically. Just for
orientation,that's the existing Northwest Mountain Lodge. The existing Northwest Mountain Lodge will
remain. It would be renovated as a continuing use as a day lodge. We think that it also is needed to
supplement the existing West Mountain day lodge at the existing ski area. So people,it may take overflow
traffic. There's the overflow parking lot for it right there which will accommodate visitors who might not
be going to the Village but might still get on the Mountain. It'll be supplemental to the existing parking
and day lodge at the West Mountain Ski area. So Phase II incorporates a cluster of duplex townhouses,
an SO or so unit room boutique hotel, a conference center/wedding reception building, and a health lodge,
and that complex has duplex townhouses,oriented around this cluster,and up in this area. If you'll notice
we also have taken the parking area right here out for the existing Northwest Mountain, and we've
extended the ski trail all the way down to the base village to the Alpine Village. That will allow skiers to
ski all the way back down to the Village without having to get off their skis or anything like that,and we've
incorporated some of the duplex townhouses on either side and a cluster of them up here,and those are all
ski in,ski out townhouses. People can get up in the morning,put their skis on,go skiing,go ski for a while,
ski back, come back off the trails and ski right back directly into their units. That's what sells today.
That's what people want today. All of the units in the base village,Alpine Village,are essentially the same
thing. You can hop on a lift,ski up. You can go and ski down and you never have to go back to your car.
Phase III and IV of the projects are located higher on the Mountain. This is a cluster of single family homes
which basically traverse the slope. The roadway traverses the slope, and basically follows the roadway
that's there now. If you went to visit the Mountain with Spencer,you'd see that you can drive up most of
this Mountain up to here by normal vehicle, on a pretty rough road,it's unimproved,but you can still get
there, and those are single family lots. Those single family lots will be ski in/ski out. Again, that's what
sells today. People want to buy on a mountain where they can put their skis on in the morning,go ski,go
ski for a while, and on the way back come back to the house and never have to get in the car. The last
phase of the project is quite remote, and it's going to be the very final last phase of the project which is up
at the top of the Mountain. It's accessible only from Luzerne Mountain Road, and it will be Phase V, or
the end of the project. It'll be 15 single family lots. We've been cautioned by your planners and everybody
not to break the skyline,the ridgeline with the ridgeline of our houses. So these houses have been carefully
sited so that if this is the ridgeline,houses on this side look toward Vermont. The rooflines are below the
ridgeline. The houses on this side look toward the west, toward the Adirondack Mountains. Their
rooflines are below the ridgeline. So we've been careful in planning that complex,which is very far in the
future, but it's the last phase of the project. Now what are we doing for utilities? Okay. Water, no-
brainer,comes from the municipal water system from Queensbury. They have a big water line right down
West Mountain Road which we'll tap and use for water service. Wastewater. Wastewater we're putting
our own individual tertiary treatment plant on the site. It'll be located on the corner of the property. It
will collect all the sewage from the site, other than from this last phase, and will treat it,move it through
the project site, and move it through County Route, through the right of ways on County roads and
discharge into the Hudson River. It'll all been planned. We've all been talking to the discharge point,
we've been talking with the DEC and the other regulatory agencies, and that's the plan is to put the
discharge into the river, fully treated, tertiary. Stormwater management, we have a stormwater
management plan that we included in your booklet. It deals with complete, total compliance with the
stormwater management for the entire project. I don't know what else I can say, other than there's one
amenity I forgot to mention. Down at the Alpine Village we're building what we call a visual or a visual
amenity. It's going to be a man-made pond at the Alpine Village which will be lined. It will be
supplemented with water and it'll be used as an amenity for people sitting around and looking out at this
water. It'll have fountains in it,but it will not be part of a normal,natural flow drainage system. It will
be fully enclosed as a visual amenity,sort of like a swimming pool basically, and so that is an amenity that
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we're going to create right there. It will be basically in place or in the location of what Mike Brandt tried
to dig a pond there a long time ago,failed. It dries up every summer. That's gone. That will be a refined
and re-built amenity for the project. So that's what the project is. We have enough parking on the site to
accommodate all cars in all different areas. Obviously the major parking lot here is for the Village. We
have parking underground for the apartments. We have surface parking for the other apartments. We
have parking for the condos either on grade or within the buildings. Each townhouse gets two parking
spots in the garage,two parking spots on the site. Each single family home gets their two parking spots
and so,you know,parking is totally accommodated on site. We don't anticipate any off flow of parking,
and as Mr. Lapper said we've done a traffic study, physical impact analysis, breakdown of all kinds of
environmental analysis on this. It's all in your booklets and hopefully you will be bored to death reading
it all. That's my part. I'll turn it over to Spencer.
MR.DEEB-Is there going to be a restaurant in the Alpine Village? Are you going to build anew restaurant
up there?
MR. MONTGOMERY-Yes,the Village itself will be, so as if you were to go to Veil Village or you were to
go over to Stratton,like Jeff mentioned. The concept is to have a ski and stay resort with a self-contained
village that may have a smoothie bar,you know,coffee shop,a restaurant,salon,Peter's put salons in some
of his other developments and basically, you know, I'll speak a little bit about the interest in that self-
contained unit with walking paths. There may be an exercise loop like you see out in Boulder, Colorado
or I used to live, there'll be a loop within,you'll have a pull up bar and different things you can do. Now
we kind of, it's really two-fold. There's going to be people coming to the area that would I would say
qualify as tourists and there would also be,it would be a locals kind of watering hole where people could
come,you know,by bicycle hopefully someday. There's been a little talk about a bike path system down
West Mountain Road. I've discussed it a little. There may be some impediments to that,but where the
people could come,have coffee in the morning, go for a hike, and so it has two-fold, and a lot of interest
that I've gotten in the community are people looking to downsize that, you know, are in single family
homes which are in short supply in Queensbury and where they can buy a townhome or a condominium,
downsize, stay in the area,but have a self, a village with maybe a small organic grocery store, an athletic
club with steam room facilities and whirlpool facilities like you would find at some of the higher end
resorts. Maybe that could be incorporated into our season passes. You could upgrade to have an athletic
club membership. So that's sort of the local take on it,and then just,you know,sheer economics for West
Mountain. You could talk to Mike Brandt. I think he would tell you the same thing I've told you. I mean
he tried a water slide. He tried soft ice cream. He tried a driving range. They did some logging across
the top of the Mountain. It's a struggle running a ski business, especially with some of the large, local
competition we have in pretty close proximity,about 45 miles north,or 45 minutes north. So when I got
involved in West Mountain,I mean I grew up on West Mountain. My family all worked there,but I never
envisioned the Mountain being like a standalone ski area. So if you look at ski and stay,which people love,
and you do not have it in New York State. Like Jeff said, Holiday Valley, which is six hours north, gets
some flow from Canada. They get some flow from Pennsylvania. It's one of the most profitable ski areas
in the State. They do have some on mountain amenities,but it's not a true ski village like if you went over
to Stratton and you were there to ski village or Veil village or you went out to Copper Mountain, and
people really enjoy that because you can get out of your car, unpack, you know, it's basically a built-in
babysitter until nine o'clock at night until we turn the lights off. The kids are skiing. We have a thousand
vertical mile long trail. So it's enough vertical for serious skiers to enjoy it, especially with the new
proposed high speed chairlift,you know,it takes your lift ride to about four minutes,versus about ten,and
you can ski your legs off on a thousand vertical. We also have a large race program now with about 140
kids in it,and a lot of those families were starting,you know,since hiring Thomas Vaughn,we have one of
the most competitive,maybe one of the top ranked fifths programs in the east coast now,competing with
Burke, competing with Holderness, competing with Proctor, competing with the Stratton Mountain
School, the $65,000 a year academies and we're a fraction of that cost. A lot of those families that are
starting to come to our race team are used to be able to buy a place or rent a place on site. So there would
be some demand from that as well,plus the race team,we hosted 51 races. Those are normally two to four
day events. The fifth events are always four day. Some of the USSA at the masters,high schools are usually
just one day,but that creates a lot of natural demand for a house. Then just sheer economics. This year
will be a loss for West Mountain of about,operating loss of around a half a million dollars,just due to the
weather. It's been a grind. The first six,seven seasons of West Mountain,you know,the money it went
all one direction,which was either paying off old debt,upgrading the three chairlifts,putting in 300 new
snow guns,40,000 feet of pipeline,new maintenance building,four new snow cats,new cafeteria, all the
with end goal of doing this development,and that's the pitch that I gave to the financial backers who have
stepped in and done this, and there's been a lot of support, obviously, from the community and people
who've worked on the projects. So that sort of goes hand in hand,but it really is a necessity to ensure the
future of West Mountain,and I don't think it's just going to like help West Mountain limp along. I think,
you know, we've talked to some,you know, Peter uses a major PR firm, Bicker PR in Albany, and their
feeling is that it will change not just the dynamic of skiing in Queensbury,but it'll change the dynamic of
skiing in New York State because there is no ski and stay. So if you talk to Stewart Winchester who does
Storm Team Journal, it's a very big publication, big following, I've had a lot of talks with him, he said
without exception,he lives in New York City,if someone says to him where do I go ski and stay,100%of
the time he says Vermont, and like Jeff was saying, we are on Exit 1S on the way to Hudson Falls to grab
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Route 4 or we grab them at Exit 20 before the get on 149,and we don't have to siphon off all of Vermont's
business,but I mean if you look at skier visits at Okemo of another 700,000,versus our 100,000, and you
look at Killington where about 1.2 million,and then you look at Pico and Bromley and Stratton,the amount
of flow that's heading that direction on Route 4 is just enormous, and we did a plot of where our visitors
come from and where everybody else's visitors,not everybody. I used Killington,Okemo and Stratton,and
you can see their dots all over the east coast,Connecticut,New Jersey,and you see West Mountain's dots,
primarily in the Capital District. I think there'll be a lot of flow from the Capital District, people just
coming up for two or three days to have the ski and stay experience. I think they'll utilize it,but our reach
is pretty limited because we're not viewed as a destination resort. So our lift tickets right now are kind of
our bread and butter. They account for about 60010 of our revenue after you factor in ski lessons and food
that we sell obviously and rentals and that type of thing, and there's only so much you can do with lift
tickets. I mean we have a major competitor right now right up the road, and it's a struggle. If you were
just going to make your living selling lift tickets,I don't think anybody would do this,and,you know,you
have years like this year come along and knock you out,but,you know,furthermore,that takes probably
the lift ticket portion of West Mountain's revenue to about 50/o. I don't have exact numbers,but this is a
true partnership with Peter Luizzi. This isn't a developer coming in here and saying, hey, I'm going to
carve off your right arm. I'll give you whatever kind of money for your right arm and then, you know,
you've got one arm the rest of your life and it doesn't go to supporting the ski area. So I was uninterested
in doing any of those type of deals. Peter's offer was to do a true partnership with the ski area so that the
residual income from the resort, from property management, the lodge, rentals, all that type of stuff, the
Mountain will be,in almost all cases,a 500/o partner. So then skiing just becomes an amenity at that point,
and then there's other things that can be done,and like I've often said there will be people that want to ski
at Gore,that want 3,000 vertical,and we may run tourist buses up there.
MR. DEEB-That's my next question. You're going to compete with Vermont,and they've been around for
a while. There's pretty big ski areas over there. You think you can compete with them?
MR. MONTGOMERY-Well,I do,because let's look at the average family coming up from Long Island or
New York City or Brooklyn, most of those people are not, you know, extreme skiers looking for 3,000
vertical. Those people want a good sized mountain,you know, we're a 365 acre mountain. We've got
about 130 acres of skiable terrain,but,you know,we're a learning mountain,and if you're coming up with
a family,it's a perfect scenario, and,you know,you can go to the spa,you can go to the steam room,you
can go work out,you can ski,and your kids,you know,we're open from eight in the morning until nine at
night, we've got a, you know, you've got a 13 hour babysitter, and I don't think most of those people are
looking to ski 3,000 vertical.
MR. DEEB-I think it's a great concept myself.
MR. MONTGOMERY Just the whole experience of the resort, I think, we've been told, it's anticipated
that this would sell out,potentially,before it was built,because there's that type of demand for,and we've
got a pretty good location,right off S7,too,you don't have to take any backroads.
MR. DEEB Just to go back to the site itself, are the condos and the individual residences going to have
garages?
MR. MONTGOMERY-Yes,they will have garages.
MR. DEEB-And then you'll have parking on top of that for people that are coming in.
MR. ZAPPER-The apartments will have parking underneath.
MR. DEEB-Underneath,but you'll also have parking,people are going to come and want to use the resort,
and people locally,they're going to probably drive before they, at this point. Do you have enough parking
for them when they come in?
MR. ZAPPER-Yes
MR. ANTHONY-Yes, we have other on-site parking, surface parking, at the very entrance to the project
off of West Mountain Road we have a 300 to 400 car parking lot for the Alpine Village. All of the housing
has its own self-contained parking. The day lodge, which we're maintaining, which is the existing
Northwest Mountain Lodge,has its own parking lot and parking lot and area there which has probably
140 or 50 spaces there, too, for that, which are reserved for parking at the day lodge for people who may
want to come and just not park at West Mountain but avoid that traffic and come in using Northwest. So
we've accommodated for parking for not only the housing,which all the housing has adequate parking for
all the housing,but we've also accommodated for the day use traffic which may happen,occur and want to
come here and enjoy some of the amenities. So we believe that there's enough parking. Yes,we've thought
about that heavily.
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(Queensbury Planning Board 03/26/2024)
MR. DEEB-One more question, this is a tough year for you,but I knew it had to be a tough year. I hope
this last snowfall helped you a little bit. Did you open up?
MR. MONTGOMERY-Yes, we're open. We'll be open through this weekend and probably be open the
weekend of the 6`h and 7`h,but we stayed open,luckily. We didn't have to call people back. We grounded
out.
MR. DEEB-There's a real possibility that we're going to have more winters like this, and how will that
affect this development?
MR. MONTGOMERY-I have a pretty good answer for that, and I had to give this same answer to Peter
Luizzi. Obviously if you're going to have a resort that focuses on skiing and he always likes to have a theme
to his resorts, and he's doing that in Niskayuna resort, Malta, and he did the Starbuck Island, and he said
this is the first time he didn't have to come up with a theme, I mean,the theme is skiing and the area. So
let's say the snow making windows continue to get smaller,right,and we don't get to 24 hour period. So
right now I get 3,000 gallons a minute from the Town of Queensbury, and we have about 200 mounted
guns,about 100 sticks and 100 fans. The problem that I have is that I still have enough windows to get the
entire Mountain open, it's just in a year like this they're much narrower. So if you go to a Wachusettes,
outside of Boston,which is kind of a model we're following,they just have a lot more water capacity. So
let's say that I can run approximately 200/o of my guns wide open when it's bitter cold, and we want 5,10,
15 degrees for snowmaking. I can run about 200/o of my guns with 3,000 gallons in it. I still use the exact
same amount of water to make snow on the Mountain, whether I start and it takes me four months, or
whether I do it in three weeks. So the amount of water, which is about 110 million gallons, is static. I
need to get it up the hill quicker. So I met with Tim McNulty and John Strough and Chris Harrington at
the Mountain and I had gone down and met with Chris and spent a couple of hours with him,and this was
about two years ago,and I just said,listen,you know,I appreciate everything the Town does for the water.
I mean we wouldn't be in business without them. Is there any way that I can increase my capacity, and
what we spoke about was having a separate water main to the Hudson. So John came over and where I'm
going with this is if I had 9,000 gallons a minute, even in a year like this,I would have the Mountain fully
open,maybe not every trail,but all of our primary trails open by Christmas week because instead of 3,000
gallons a minute I'm going up the hill with 9,000, and I don't need treated and you don't want treated
because,you know,you want a little particulate in the water. That's what the snowflakes form around.
It's very clean. So what we came up with, and it was great, was two solutions. One was more money
than the other. One is to put our own brown line into the Hudson, and what we would do is we would
grab the 24 inch Town line as it comes up out of the Hudson. I mean that's more water than the Town
could ever use. That's the main 24. We would tap into it before it went to the filtering plant, and we
would put in our own pump house and run our own,let's say,14 inch main to West Mountain. So I'm no
longer putting any tax on the Town filtering systems. The reason I can't draw more than 3,000 gallons a
minute is because in the winter it slows down the flow rate through the filters. Everything just moves
slower, and that's all they can give me while holding back enough,if there was an emergency,you know,
so there's a cushion above what I draw. If I'm drawing straight from the Hudson, then there's no issue,
and I could do 10,000 gallons a minute, and I have the guns in place on the Mountain and I have all the
pipeline in place. I'd have to add pumps. So that's one solution. The second solution, which is not as
good,but more cost effective,is the pond that's shown there isn't areal pond. It was dug to make the berm
for the tubing hill over at the other side of the Mountain, and there's no inlet to it or outlet to it. It does
fill up with water in the winter,not to the brim, and then it leaches out in the summer. You could walk
across the bottom of it. It's probably about 30 feet deep. Lining that creates an amenity for the resort,but
it also gives me a storage reserve for snowmaking, and we're the only mountain that I'm aware of that
doesn't have a storage reserve. We have the old pond that Mike put in,but that's filled in with sediment
over 50 years. So it's,you know,it's about six feet deep. It used to be 17. So I could dredge that,but the
most I'd get out of that is about two million gallons,which is about what we use in one day. The other
pond would hold,you know,roughly 12 to 15 million gallons. So I'd have about a seven day supply. So I
could take and air drop the Town water into that pond and it would shut off automatically if it came up to
the top,obviously,but then when it got really cold at night I could pull from that capacity to make snow.
Not a seven day supply, but it's recharging itself. Mike Brandt built a,you know, a water reclamation
system across the Mountain with water bars. It all goes to the other side now in a stream that runs behind
my house that he has agate on. He used to shut the gate and run the water. So that pond would,that's a
short-term solution and it may be a good solution because we could have a pump house on that side and
when it went down very cold I could go up the hill with six to nine thousand gallons a minute. The perfect
solution is to have my own water main,but that's,you know,three million dollars. I am talking maybe the
State would help us do something like that. They've given grants to other small ski areas and this really
falls under sort of a tourism umbrella and it also falls under an infrastructure umbrella, and,you know, I
think Chris Harrington,I don't want to speak for people who aren't here,but John Strough and Chris and
Tim I felt we had a really productive meeting and it killed two birds with one stone. It solves my problem
and it gets me off the Town filters. Because we had to shut down the water this winter for the first time
in the history of West Mountain because of those massive floods that hit. So all the particulate in the
Hudson got so high that,you know, Chris,not intentionally,he had to turn us off for a period of a couple
of days because the water was so dirty they couldn't treat it. Now that's never happened before,maybe a
16
(Queensbury Planning Board 03/26/2024)
bad example,but I mean things are happening now that didn't used to happen. So the pond would solve
the short-term dilemma for me to be able to make snow on both sides of the Mountain at the same time.
MR. DEEB-But the pipe would be the best solution.
MR. MONTGOMERY-The pipe just solves it.
MR. DEEB-If you could get into that,that would be great.
MR. MONTGOMERY-Yes.
MR. DEEB-Are you going to go over on the Luzerne side of the Mountain?
MR. MONTGOMERY-We don't have any plans to.
MR. ZAPPER-Nothing's been proposed at this point.
MR. MONTGOMERY-When Mike was doing the top it was all in Luzerne.
MR. DEEB-Yes,that's what I remember.
MR. MONTGO MERY-Maybe the next guy or someone's kids down the line can take that up. No,it's not
in Luzerne. It's all within the Town of Queensbury.
MR. DEEB-I think it's a good project, and I think being one of only two in the State would be a real
advantage and it would really make this area shine to have something like that around here. So I think it's
a great project.
MR. MONTGOMERY-Thank you.
MR. TRAVER-All right. Well we're off to the races I guess.
MR. ZAPPER-Thank you.
MR. TRAVER-So we have, Staff has laid out a preliminary schedule for us to go about analyzing and
preparing to review all the elements of this project. It is pretty involved, as you know, I mean you guys
came up with the idea. So there are a lot of elements,but we take them one at a time, away we go.
MR. ZAPPER-We've got the right Planning Board with detail,because you guys are used to this. So it's
just going to take a little longer because it's a big one. So thank you.
MR. TRAVER-Yes,thank you. Thank you very much for your presentation.
MR. DEEB-Thank you guys,take care.
MR. TRAVER-Well, let's see. We have, under Old Business we still have Schermerhorn Construction,
LLC,Site Plan 61-2023 and Freshwater Wetlands Permit 11-2023.
OLD BUSINESS:
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
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. CROSS REFERENCE: N/A. WARREN CO.REFERRAL:
SEPTEMBER 2023. SITE INFORMATION: WETLANDS. LOT SIZE: 14.99 ACRES/1.3 ACRES.
TAX MAP NO. 296.7-1-2,296.7-1-3. SECTION: 179-3-040,179-5-100,CHAPTER 94.
17
(Queensbury Planning Board 03/26/2024)
JON ZAPPER&BRANDON FERGUSON,REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this project was before the Zoning Board in regards to a height variance. The Town
Board granted the sewer district extension recently. So it's back to the Planning Board for Site Plan
Review.
MR. TRAVER-Okay. Thank you. Good evening. Welcome back.
MR. ZAPPER-For the record, again, Jon Lapper with Brandon Ferguson from Environmental Design
Partnership. Brandon and I were both in Lake George with Rich and I left early to make it. As Laura said
we've been working on this for a bit. This required a sewer district extension. Rich had actually put in a
line just south of this,but this requires a sewer district extension. So we had to come to you for SEQR
first and then go to the Town Board for that,and then it turned out,because of the cut and fill,because of
how we measure the height in Queensbury from the,you know,the worst of the pre-existing or the post-
construction,we can't really get a flat building that holds 76 apartments,but the Zoning Board was happy
with that. So we're here for Site Plan Review, and Laura's notes were pretty thorough.
MR. TRAVER-Yes,and we have quite a number of times looked at this I think over the life of the planning
for this project. I'm not really sure how much more there is left for us to look at.
MR. FERGUSON-I'll note that we did get Town Engineering signoff on this.
MR. TRAVER-Well,questions,comments from members of the Board?
MR.LONGACKER-I just had one. Remember I asked last time,too. Did you have a gate at the road going
out towards the back,so it's not like a cut through road? Back in there. I know there's a couple of existing
buildings back there.
MR. FERGUSON-The agricultural buildings on the site, they're going to maintain those, use them for
storage and stuff. Are you talking about just the road that continues out?
MR. LONGACKER-Yes, I was just wondering for the public not to go through there. That's not the
intention,correct?
MR. FERGUSON-No,no. That's definitely not the intention.
MR. ZAPPER-That's off site.
MR. FERGUSON-Yes,that goes off site.
MR. LONGACKER-Okay. So it doesn't cut all the way through then. Okay.
MR. FERGUSON-I don't see any reason not to put up a gate on a portion of that driveway. There's no
intention of people driving through there.
MR. ZAPPER-Yes,we don't have any rights to.
MR. FERGUSON-Yes.
MR. LONGACKER-Understood.
MR. TRAVER-If you do put in a gate, you'll need to put in a lock that the fire, emergency services can
access. They have a term for that.
MRS. MOORE-Knox box.
MR. FERGUSON-Knox box.
MR. TRAVER-Thank you. Knox box,yes. So bear that in mind. Any other questions? I know we've
looked at this quite a bit over the months. There is a public hearing on this application as well. Is there
anyone in the audience that wanted to comment on this? Yes,sir.
PUBLIC HEARING OPENED
HARRISON FREER
is
(Queensbury Planning Board 03/26/2024)
MR. FREER-Hi, my name's Harrison Freer. It's my understanding that the access to this will be on
Walker. Is that,will the people be coming down Walker at all?
MR. ZAPPER-This is on Bay Road.
MR. FREER-Okay. Because the street lights are the topic that I keep getting beat up on. We should try
to figure out how to make sure that there's a good street light where they are coming on to Bay. I don't
know if you guys do that or not,but it's a complaint that I get all the time. So I just wanted to bring it up,
that it may be something that you guys can think about with Site Plan Review. Thank you.
MR. TRAVER-Thank you. Is there anyone else that wants to address the Planning Board on this
application? I'm not seeing anyone in the audience. Are there written comments,Laura?
MRS. MOORE-There are no written comments, but I did note that the Board could request additional
information about a recreational plan and I did mention lighting fixtures.
MRS. MC DEVITT-There is one comment.
MR. TRAVER-Yes,sir. I'm sorry,I didn't see you raise your hand.
MIKE DIER
MR. DIER-My name's Mike Dier, and I live on Browns Path and I've said this a couple of times. You can't
control what they do with the property,but I don't want to see it and I don't want to hear it. So the idea
for me is the lighting. I just hope the lighting goes down,doesn't go out. This is different than the project
that is south of us that Schermerhorn has south of Browns Path. The parking's inside of the building, or
on the outside, so the lighting is on the inside. My concern here is the road that goes all the way around
and all the lighting that would be involved in that. So I would just hope there would be some consideration
for that light disturbing the local area.
MR. TRAVER-Yes, it is required to be downcast and there is a limit on the number of foot candles for a
project for the lighting.
MR. DIER-Okay.
MR. DEEB-So there is control.
MR. DIER-Okay. Just so I can give you my opinion on that.
MR. TRAVER-Thank you very much.
MR. DIER-Thank you.
MR.TRAVER-Is there anyone else that wants to comment to the Planning Board on this application? You
said there were no written comments,Laura?
MRS. MOORE-There are no written comments.
MR. TRAVER-Do you have any response to the question about the lighting at the intersection?
MRS. MOORE-It's the first I've heard of that.
MR.TRAVER-Yes,I didn't see any,I don't believe there's any specifically on the plan. Is there any concern
about sight distance at night?
MR. FERGUSON-No. I guess, are we talking about a light pole down there just to illuminate it? We're
not talking about traffic lighting,right?
MR. TRAVER-Not a traffic light. Just to, I think to identify that as drivers are going down the road. It
sort of signifies that there's an intersection coming up.
MR. FERGUSON-Yes, we do have a light that's near the intersection on our property. There is going to
be a light fixture there to illuminate pulling on and off there. Yes.
MR. TRAVER-I haven't looked at the lighting plan in a while.
MR. FERGUSON-Yes,right off of Bay,outside right of way on our property we have the first light.
MR. TRAVER-All right. Is there anything else from members of the Board?
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(Queensbury Planning Board 03/26/2024)
MR. DEEB-What was the other thing,Laura? You had one other thing?
MRS. MOORE-They had recreational. All the recreational, they had some walking paths and some
amenities interior. I didn't know if the Board was looking for some additional or if this satisfies the
recreational component,as multi-family dwellings are required to have some recreational plan in place.
MR. TRAVER-I think we talked about that at a prior meeting.
MRS. MOORE-Okay.
MR. TRAVER-Do you want to review that again real quickly?
MR.FERGUSON-We have a community walking path kind of to make it a little bit,to make it so you can
kind of walk a loop. We're maintaining some of the,there's some apple trees and stuff,we're maintaining
those. We'll have the walking path, and then he does have a community rec area, so kind of an area that
could be decided on in the future, but for right now it would be kind of an area where people can get
together.
MR. ZAPPER-All the big projects have that,like Willowbrook.
MR. TRAVER-And those features are indicated on one of the pages of the plan.
MR. FERGUSON-Yes,it's on the site plan. We indicate the recreation area.
MR. DEEB-Where's the pickle ball court?
MR. TRAVER-That will be a site plan modification down the road probably. Okay. Anything else from
the Board? From Staff? All right. I guess we have a draft resolution,then.
MS. GAGLIARDI-Excuse me,Mr. Chairman,you need to close your public hearing.
MR.TRAVER-Thank you. So we'll go ahead and close the public hearing on this application and consider
the resolution.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING SP#61-2023 FWW 11-2023 SCHERMERHORN CONSTRUCTION,LLC
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 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.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to the Warren
County Planning Department for its recommendation;
The Planning Board has reviewed the potential environmental impacts of the project,pursuant to the State
Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration
Determination of Non-Significance;
The Planning Board opened a public hearing on the Site plan application on 10/24/2023 and continued the
public hearing to 3/26/2024 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 3/26/2024;
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 61-2023 &z FRESHWATER WETLANDS 11-2023
SCHERMERHORN CONSTRUCTION;Introduced by David Deeb who moved for its adoption.
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(Queensbury Planning Board 03/26/2024)
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted—no waivers were requested;
2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for
requesting an extension of approval before the one year expiration date of 3/26/2025-1
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
Motion seconded by Warren Longacker. Duly adopted this 26`h day of March 2024 by the following vote:
AYES: Mrs. McDevitt,Mr. Deeb,Mr. Longacker,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark,Mr. Stefanzick
MR. TRAVER-You are all set.
MR. ZAPPER-Thanks,everybody.
MR. FERGUSON-Thank you.
MR. TRAVER-The next item on our agenda, also under Old Business,is AEC Solar Energy Corp. This is
Site Plan 14-2024.
SITE PLAN NO.14-2024 SEQR TYPE: TYPE II. AEC SOLAR ENERGY CORP. AGENT(S): AEC
SOLAR ENERGY CORP. OWNER(S): HUDSON ORIGINS,LLC. ZONING: WR. LOCATION:
119 BIG BAY ROAD. APPLICANT PROPOSES TO INSTALL 1,118 SQ. FT. GROUND MOUNTED
SOLA ARRAY OF 20.8KW DC. THE EXISTING HOME AND DETACHED GARAGE TO REMAIN
UNCHANGED. THE PANELS ARE TO BE INSTALLED ON A RACK SYSTEM AND CONNECT
TO THE HOUSE VIA TRENCH. PURSUANT TO CHAPTER 179-3-040 &z 179-5-140, SITE PLAN
FOR GROUND MOUNTED SOLAR ARRAY SHALL BE SUBJECT TO PLANNING BOARD
REVIEW AND APPROVAL. CROSS REFERENCE: AV 17-2024. WARREN CO. REFERRAL:
MARCH 2O24. SITE INFORMATION: HUDSON RIVER. LOT SIZE: 5.00 ACRES. TAX MAP
NO. 316.13-1-1. SECTION: 179-3-040,179-5-140.
LEE EVANS, REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
21
(Queensbury Planning Board 03/26/2024)
MRS. MOORE-So this application is to install a ground mounted solar system approximately 1,11E square
feet, and the applicant did receive variances at the Zoning Board for having the solar mounted project in
the front yard as well as the setback distance to a property line.
MR. TRAVER-Okay. Thank you. Good evening.
MR. EVANS-Hi. I'm Lee Evans with AEC Solar, and I want to apologize to the Board. The gentleman,
my colleague,got sick today and I was put in at the last minute. I got here as fast as I could.
MR. TRAVER-Did you come up from Albany?
MR. EVANS-Yes.
MR. TRAVER-Wow. Well at least we don't have terrible weather tonight.
MR. EVANS-Thank goodness.
MR. TRAVER-I did see, and understand that you weren't here when we last reviewed this proposal,but I
did see that the material did include an update as requested,the decommissioning plan for that.
MR. EVANS-Yes.
MR. TRAVER-So that's very good. We appreciate that.
MR. EVANS-That's correct.
MR. TRAVER-You did receive your variance. We did review the location and had some discussion with
the applicant previously. It seemed like a good compromise in terms of the visibility of the array and also
its performance versus shadowing and soon. So are there any initial questions from members of the Board?
There is a public hearing,but since we don't have any public,I guess I'll ask Laura if we have any written
comments.
PUBLIC HEARING OPENED
MRS. MOORE-There's no written comments.
MR. TRAVER-No written comments? Okay. Then we will both open and close the public hearing on
this application,and does the Board feel comfortable moving forward? Okay. We have a draft resolution.
MR. DEEB-Yes,we do.
MRS. MOORE-You have two resolutions. You have a SEQR resolution, as well as a Site Plan resolution.
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP#14-2024 AEC SOLAR ENERGY CORP.
The applicant proposes to install 1,11E sq.ft.ground mounted solar array of 20.Skw de. The existing home
and detached garage to remain unchanged. The panels are to be installed on a rack system and connect to
the house via trench. Pursuant to chapter179-3-040&179-5-140,site plan for ground mounted solar array
shall be subject to Planning Board review and approval.
The proposed action considered by this Board is Unlisted in the Department of Environmental
Conservation Regulations implementing the State Environmental Quality Review Act and the regulations
of the Town of Queensbury;
No Federal or other agencies are involved;
Part 1 of the Short EAF has been completed by the applicant;
Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury
Planning Board as lead agency that this project will result in no significant adverse impacts on the
environment,and,therefore, an environmental impact statement need not be prepared. Accordingly,this
negative declaration is issued.
MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 14-2024 AEC SOLAR
ENERGY CORP.Introduced by David Deeb who moved for its adoption.
As per the resolution prepared by staff.
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(Queensbury Planning Board 03/26/2024)
1. Part II of the Short EAF has been reviewed and completed by the Planning Board.
2. Part III of the Short EAF is not necessary because the Planning Board did not identify potentially
moderate to large impacts.
Motion seconded by Warren Longacker. Duly adopted this 26`h day of March 2024 by the following vote:
AYES: Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr.Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark,Mr. Stefanzick
MR. TRAVER-And then next we have the Site Plan resolution.
RESOLUTION APPROVING SP#14-2024 AEC SOLAR ENERGY CORP.
Applicant proposes to install 1,11E sq.ft.ground mounted solar array of 20.Skw de. The existing home and
detached garage to remain unchanged. The panels are to be installed on a rack system and connect to the
house via trench.Pursuant to chapter179-3-040&179-5-140,site plan for ground mounted solar array shall
be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to the Warren
County Planning Department for its recommendation;
The Planning Board has reviewed the potential environmental impacts of the project,pursuant to the State
Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration
Determination of Non-Significance;
The Planning Board made a recommendation to the Zoning Board of Appeals on 3/19/2024-1 the ZBA
approved the variance requests on 3/20/2024 1-
The Planning Board opened a public hearing on the Site plan application on 3/26/2024 and continued the
public hearing to 3/26/2024 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 3/26/2024;
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 14-2024 AEC SOLAR ENERGY CORP. Introduced by David
Deeb who moved for its adoption;
Per the draft provided by staff conditioned upon the following conditions:
1) Waivers request granted:include items g. site lighting,h. signage,j. stormwater,k. topography,1.
landscaping,n traffic, o. commercial alterations/construction details,p floor plans, q. soil logs,r.
construction/demolition disposal s. snow removal;
2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for
requesting an extension of approval before the one year expiration date of 3/26/2025-1
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;
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(Queensbury Planning Board 03/26/2024)
g) Resolution to be placed on final plans in its entirety and legible.
Motion seconded by Warren Longacker. Duly adopted this 26`h day of March 2024 by the following vote:
AYES: Mr. Longacker,Mrs. McDevitt,Mr. Deeb,Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan, Mr. Stark,Mr. Stefanzick
MR. TRAVER-You are all set.
MR. EVANS-Thank you very much. What is the next step? Is this the final approval?
MRS. MOORE-So the Planning Board members have packets of your information. You'll get a notice, or
someone will get a notice,most likely via e-mail,that you'll need to submit final plans. Since there were
no changes, we might be able to work with you and take the plans that they have and use them. If not,
then what typically happens is that you, the applicant, would submit those three sets of final plans with
the resolution attached to them,but either you or the other individual can communicate with me,once you
receive that letter,if you have other questions.
MR. EVANS-Very good, and about how long will that take?
MRS. MOORE-Probably within the next 24 hours,4S hours.
MR. EVANS-That's pretty quick.
MR. DEEB-So you'll want to take these with you. We'll give you these back.
MR. EVANS-Okay. Very good.
MR. TRAVER-The most important thing is keep in contact with Laura. She will guide you through the
rest of the process.
MR. EVANS-Very good. Thank you.
MR. TRAVER-Thank you. Is there any other business before the Planning Board this evening? Anything,
Laura,from Staff?
MRS. MOORE-I didn't have anything,no.
MR. TRAVER-All right. Then we'll entertain a motion to adjourn.
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF MARCH 26Tx
2024,Introduced by David Deeb who moved for its adoption,seconded by Warren Longacker:
Duly adopted this 26`h day of March,by the following vote:
AYES: Mr. Deeb,Mr. Longacker,Mrs. McDevitt,Mr.Traver
NOES: NONE
ABSENT: Mr. Magowan,Mr. Stark,Mr. Stefanzick.
MR. TRAVER-We stand adjourned. Thank you,everybody.
On motion meeting was adjourned.
Stephen Traver,Chairman
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