09-17-2024 (Queensbury Planning Board 09/17/2024)
Q UEENSBUR Y PTA NNING BOARD MEETING
FIRSTREGUTAR MEETING
SEPTEMBER I7Tr,2024
INDEX
Site Plan No.54-2024 Reece Rudolph 1.
Special Use Permit 5-2024 Tax Map No. 303.5-1-S5
ZBA RECOMMENDATION
Site Plan No.53-2024 Lauren Walker 6.
ZBA RECOMMENDATION Tax Map No. 239.E-1-27
Site Plan No.55-2024 Steve Rowe S.
ZBA RECOMMENDATION Tax Map No. 2S9.11-1-5
Site Plan No. 43-2024 True North Cannabis,LLC 11.
Special Use Permit 4-2024 Tax Map No. 2SS.-1-5S
Site Plan No.56-2024 Cerrone Builders(4 Berry Drive) 16.
Tax Map No. 2S9.12-1-9.14
Site Plan No.57-2024 Cerrone Builders(10 Berry Drive) 20.
Tax Map No. 2S9.12-1-9..15
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF
REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH'S MINUTES(IF ANY)AND
WILL STATE SUCH APPROVAL OF SAID MINUTES.
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QUEENSBURY PLANNING BOARD MEETING
FIRST REGULAR MEETING
SEPTEMBER 17TK,2024
7:00 P.M.
MEMBERS PRESENT
STEPHEN TRAVER,CHAIRMAN
ELLEN MC DEVITT,VICE CHAIRMAN
FRITZ STEFANZICK,SECRETARY
WARREN LONGACKER
DAVID DEEB
BRADY STARK
BRAD MAGOWAN
LAND USE PLANNER-LAURA MOORE
STENOGRAPHER-MARIA GAGLIARDI
MR.TRAVER-Good evening,ladies and gentlemen. Welcome to the Town of Queensbury Planning Board
meeting for Tuesday, September 17`h, 2024. This is our first meeting for the month of September and our
19th meeting thus far for the year. If we do have an emergency for some reason,please make note of the
illuminated exit signs. Those are the emergency exits,and we'd also ask if you have a cell phone or other
electronic device,if you would either turn it off or turn the ringer so as not to interfere with the recording
of the meeting and for the same reason we ask that if you wish to have a conversation amongst yourselves,
if you would just go to the outer lobby for that,aside from the public hearing,again,because we do record
the meeting for purposes of having the minutes and audio available on line, and with that we will begin
with the first item is an Administrative Item, and that is the approval of minutes for the August 0`h and
August 27`h,2024 meeting minutes.
APPROVAL OF MINUTES
August 20`h,2024
August 27`h,2024
MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES OF
AUGUST 20th AND AUGUST 27h, 2024, Introduced by Fritz Stefanzick who moved for its adoption,
seconded by Brad Magowan:
Duly adopted this 17`h day of September,2024,by the following vote:
AYES: Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr.Stark,Mr. Magowan,Mr. Stefanzick,Mr. Traver
NOES: NONE
MR. TRAVER-All right. Thank you. So now we move to our regular agenda. The first section of the
agenda is recommendations from the Planning Board to the Zoning Board of Appeals,and the first item is
Reece Rudolph. This is Site Plan 54-2024 and Special Use Permit 5-2024.
PLANNING BOARD RECOMMENDATIONS TO THE ZONING BOARD OF APPEALS:
SITE PLAN NO. 54-2024 SPECIAL USE PERMIT 5-2024 SEQR TYPE: UNLISTED. REECE
RUDOLPH. AGENT(S): NINA OLDENQUIST. OWNER(S): FALL LINE SKI SHOP INC.
ZONING: CI. LOCATION: 366 QUAKER ROAD. APPLICANT PROPOSES CONVERTING AN
EXISTING 3,000 SQ. FT. BUILDING FOR COMMERCIAL DISPENSARY USE. THE PROJECT
INCLUDES COSMETIC UPDATES TO THE BUILDING'S EXTERIOR, RE-PAVING THE
PARKING LOT AND NEW SIGNAGE. PURSUANT TO CHAPTERS 179-3-040&z 179-10-070,SITE
PLAN FOR NEW USE IN A CI ZONE AND SPECIAL USE PERMIT FOR DISPENSARY SHALL BE
SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT
FOR SEPARATION DISTANCES FROM SENSITIVE USES, PARKING AND SIGN LOCATION.
PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF
APPEALS. CROSS REFERENCE: AV 48-2024, SV 8-2024. WARREN CO. REFERRAL:
SEPTEMBER 2024. SITE INFORMATION: QUAKER ROAD DESIGN CORRIDOR. LOT SIZE:
0.55 ACRES. TAX MAP NO. 303.5-1-85. SECTION: 179-3-040,179-10-070.
NINA OLDENQUIST,REPRESENTING APPLICANT,PRESENT;REECE RUDOLPH,PRESENT
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MR. TRAVER-Laura?
MRS. MOORE-This application is to convert an existing 3, 000 square foot building for commercial
dispensary use. The relief that's being requested is to allow this use within less than 1,000 feet of specific
uses, a chiropractic business and the Capital District Disabilities Service property, a group home. The
project is 335 feet from the Group Home on Meadow Lane and then 525 feet from the health related facility
on Ridge Road.
MR. TRAVER-Okay. Thank you. Good evening.
MS. OLDENQUIST-I'm Nina Oldenquist from Oldenquist Design.
MR. RUDOLPH-I'm Reece Rudolph,the owner proposing to do the dispensary.
MR. TRAVER-Okay. When looking at your,and I should say that,and again for the Board's information
tonight we are here for the variance not for Site Plan Review, although when looking at your application,
it does appear that you have prepared to comply with variance regulations and the Special Use
requirements and so on for your proposed use. The issue that we have to consider this evening is your
request for the variance from distance to the, as Laura mentioned the two items. The Town, when it
recently passed the new regulations,required a 1,000 foot separation distance, and in one case it's only a
third of that distance, 335 feet, and the other is about half of that distance, 525 feet. Am I reading that
correctly?
MS. OLDENQUIST-Yes,you are. That's from property line to property line.
MR. TRAVER-Okay. Do you have any comment on the support that you have for that variance?
MS. OLDENQUIST-Yes. I think that it's absolutely true that we're within the zone of 1,000 feet for the
two uses. In one case the chiropractor business is at 357 Ridge Road and it's not on the same road as this
business. There is noway to get from one to the other unless you get in the car and drive. If you do that,
the actual distance is 1554 feet byroad. So in practical terms it isn't,from a transportation point of view,
within 1,000 feet. You also can't see the applicant's property from the chiropractor's office, and there are
no pedestrian paths in any way. So a person couldn't actually walk across and get to it without actually
getting on Quaker Road and hanging a left,or hanging a right. For the other use,it's the Capital District
Developmental Disabilities operation office, 40 Meadow Lane. So property line to property line, as the
crow flies,it's very close. I think it's underneath the additional information that's up there.
MR. TRAVER-335 feet.
MS. OLDENQUIST-Yes,right. That's across Quaker Road, and so to get from the proposed site to that
location you'd, again, have to get on Quaker Road, turn right on Meadow Lane, Meadowbrook Drive,
Meadowbrook Road and then turn right on Meadow Lane. That's even farther, 2,112 feet in terms of
transportation,in terms of actual travel distance. You cannot seethe property from that location and there
is no pedestrian way to travel the 335 feet as the crow flies in a safe way. It couldn't be done. So we feel
that the location in all other ways makes a lot of sense from a commercial point of view. It's on a busy
road. There are other businesses along there which is the restaurant, the equipment rental. In all other
ways zoning is approved for this district. I think that a business such as this does require traffic,and drive
by traffic, as well as you've got a parking lot. So that's convenient. It's sort of difficult to find locations
that aren't within some of the restricted use areas, 1,000 feet, and have off street parking that are self-
contained,that are set back from the road so that you don't have anyone looking through the windows. So
in all other ways we feel it is,from a commercial point of view,a good location.
MR.TRAVER-Okay. Well I do know that the Town Board spent a huge amount of time on this issue and
talking about the 1,000 foot is measured as a radius,not as a travel distance,but I understand what you're
saying. Questions,comments from members of the Planning Board on the variance request?
MRS. MOORE-Could I just also add that,I apologize,I didn't say it earlier. There's a parking relief also
being requested, fifteen spaces are required and fourteen are proposed. So that should be part of your
review as well.
MR. TRAVER-Okay.
MS. OLDENQUIST-I can speak to that. The Quaker Road right of way was established after the building
was built and so the right of way goes through parking lot, as it does for all of the other businesses along
there. It's fairly wide, and that puts three of the existing parking spaces within the right of way. We
applied to the Department of Public Works and asked for permission to use that portion of the parking lot
for this business. The proposal was to re-pave the parking lot and would do all of the other upgrades to
the building,and they said,yes,you may use those parking spaces. So we are asking relief from 14 spaces,
the required 15 spaces to 14 spaces and have permission to use the three more spaces in the right of way.
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MR. TRAVER-Okay. Thank you for that. Questions, comments from members of the Board on the
variances?
MR. STEFANZIK-Could you explain a little bit about this business? You list it as a dispensary. What's
the difference between a dispensary and a retail store?
MS. OLDENQUIST-A retail store? Well,it's a cannabis dispensary. Reece would have to have his license
from the Office of Cannabis Management from New York State which he's in the process of going through
those hoops. He's been given a proximity license already which means that New York will not approve
any other dispensaries within a certain radius. So it's retail sales of cannabis. You must be over 21. There
will be no consumption on site. That's a State regulation. The hours will be restricted to what
Queensbury has got in their Zoning Code. There will be an on-line pre-order app. So some people will
go there and make selections while they're at the store there. Some people will pre-order and basically
arrive and pick up. We have a plan of the building. I don't know if you've got it up there on one of the
other sheets,which shows that when customers enter the store,they're going to go into a vestibule where
their State ID is checked and only when they're approved will they get buzzed in to the main part of the
store.
MR. STEFANZIK-Approved to purchase?
MS. OLDENQUIST-Approved to purchase.
MR. STEFANZIK-So it's not open to the public?
MS. OLDENQUIST-It is open to the public,but you have to be over 21.
MR. STEFANZIK-Okay. So that's the ID you're talking about.
MS. OLDENQUIST-Absolutely.
MR. DEEB-I mean if I'm not mistaken a dispensary is where you can buy and purchase any of those
products.
MR. TRAVER-Yes,it's retail.
MR. DEEB-It's a retail store.
MR. STEFANZIK-So it's the same thing. That's what I was asking.
MS. OLDENQUIST-Yes,it's retail. In other words you don't have to have a prescription card any longer.
MR. TRAVER Just the language in the legislation.
MR. STEFANZIK-Okay.
MS. OLDENQUIST-Right.
MR. MAGOWAN-But there is a difference between medical marijuana and the dispensaries, because
medical you're able to get a card and it helps avoid being in a medical thing and helps on the taxes, but
you're retail where you bring in taxes.
MS. OLDENQUIST-Correct.
MR. MAGOWAN-And we have had this come up before, even when we were talking about when they
come to the Town,and I kind of reached out to Board members,at least you've got to go to a store or two,
you know,and I just had a trip to Massachusetts and Connecticut and you pass a lot of these stores,and I
have never seen parking. I've been in Colorado and seen a store and I have visited quite a few,just because
it totally amazes me because I grew up in an era, you know, and for the longest time I said we should
capitalize on this tax as a business. The 1,000 foot, you make good sense, because I understand the
circumference,the circle,you know, and that makes it tough in really any town. I was going to ask you
how many places that,you know,that 1,000 foot radius,it's tough to put it in there,but as the crow flies,
that's one thing,but to drive,but for anybody that hasn't been in a store,all right,there's usually two doors
and the first one you show an ID,to even enter into the dispensary. Then from there,you know,you can
browse or whatever,but then when you go to make your purchase, so I'm told,you have to show your ID
again. So really it's harder to get marijuana than it is to get cigarettes and beer.
MS. OLDENQUIST-Right You're not wrong. New York State has very,very stringent requirements,and
that even includes the type of signage you're allowed to have. You can't have a picture of a cannabis leaf
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anywhere on your signage. You can't have any sort of building decoration or signs that might attract
somebody under 21. So no use of animals. No fun font,nothing like that, and in fact if you were to look
at some smoke shops, they're vastly different from what a New York State approved retail cannabis
location would look like.
MR. DEEB-Reece, can I ask you this? My understanding is New York's not giving out anymore medical
licenses. Is that correct?
MR. RUDOLPH-I can't speak on that behalf. I was never pursuing a medical license,only for retail.
MR. DEEB-Well from what my understanding is there's several dispensaries all over and they're starting
to proliferate, and I understand that New York hesitates to give our medical licenses because they take
that on seven percent,whereas recreational is taxed at twenty-three percent. So you can probably seethe
motivation in that. giving out medical licenses.
MR. RUDOLPH-Right.
MR. DEEB-So you will not have a medical license. You'll have just the recreational license.
MR. RUDOLPH-Correct,recreational. Anyone over 21 is what we're.
MR. DEEB-Okay. Just so that that's clear.
MR. RUDOLPH-Correct.
MR. MAG OWAN-I have a question for you,Dave. Where did you come up with that seven percent?
MR. DEEB-That's for medical. The tax on medical is seven percent.
MR. MAGOWAN-Is it? I didn't know that. Well,what's the tax on retail?
MR. DEEB-Twenty-three percent.
MR. MAGOWAN-It's up there.
MR. DEEB-But most of the stores that I've seen,you compare them to the smoke shops,and,boy.
MS. OLDENQUIST-Contrasting them to the smoke shops.
MR. DEEB-Contrasting. Correction. They're all high end,very well maintained, and very well run with
professional staff. So we have a lot of smoke shops in Queensbury,which I think we won't see much of
anymore. They'll start to probably ebb in sales because of what's happening here. Recreational marijuana
in stores are proliferating, and you can see it in this area. We approved the growing farm_ This is our
second one coming in right now. That's within,what,a month?
MR. STEFANZIK-Two months.
MR. DEEB-Two months. So I wanted to ask you,what is the State limit to the next nearest dispensary?
How far do they have to be from each other?
MS. OLDENQUIST-If I remember correctly,because Glens Falls had two dispensaries applying very close
to each other,and I want to say it's 2,000 feet.
MR. RUDOLPH-It's based off the population. So with Queensbury it's 2,000 feet from our location.
MR. DEEB-Okay. I thought it would be more than that. I do agree with Brad that if you draw a dot on a
map, it would be tough to find a place to put a dispensary that isn't within somewhere of what's not
allowed.
MR. RUDOLPH-Correct. We've looked at many locations and had tons of challenges finding locations,
and ultimately we had to purchase our location. A lot of places that rent didn't want us in there or
wouldn't be suitable for the location. So it was extremely challenging, and we had Queensbury's map
when we selected this property and they deemed it that it would bean accepted location. When we went
further into this,we found out these were within the setbacks also.
MR. DEEB-Did you say you're purchasing the building or leasing?
MR. RUDOLPH-We're going to purchase the location.
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MR. DEEB-Okay.
MR. TRAVER-Concerns about the variances?
MR. DEEB-It's tough. I think I'm okay with it.
MR. TRAVER-Okay.
MR. STEFANZIK Just a question,the property behind it they re-zoned as a moderate density residential.
Is that correct?
MS. OLDENQUIST-I think it was recently re-zoned.
MR. STEFANZIK-Recently. I don't know if there's any restrictions, separations to a moderate density
residential.
MR. TRAVER-Not by zone.
MR. STEFANZIK-Not by zone,but there are public,I mean you could consider that property buildings in
there,there may be a park in there. I don't know.
MR. TRAVER-Well there's not a park currently.
MR. STEFANZIK-Not currently,but it's something that could come.
MR. TRAVER-It's possible.
MR. STEFANZIK-How would you address that,being right next to a?
MS. OLDENQUIST-An apartment complex,essentially, and I think,you know, Reece and I talked about
being a good neighbor, and if it means, for example, putting up a fence that prevents somebody from
walking through to the property, creating a little bit more of a separation, we do have all of those other
commercial businesses right along there, maintaining a buffer zone, and we are, in our site plan,
maintaining the existing buffer that's there,vegetation.
MR. STEFANZIK-I'm not sure if I saw a fence there,but that may be something you want to consider for
the site plan.
MS. OLDENQUIST-Right.
MR. STEFANZIK-If it's not on the plan.
MS. OLDENQUIST-There's sort of one that could stand replacing.
MR. STARK-I think that's kind of a reach,though. I mean you'd have to get in the car, specifically go to
this location. I don't really foresee many people walking to get there.
MS. OLDENQUIST-Our feeling is that it isn't as if one of these uses,like a church,playground,park,is on
the same road, and one could actually get to both of those locations that we're asking relief from without
actually driving down the section of Quaker Road.
MR. MAGOWAN-Well,also,too,I feel it's not a public parking,I think what you stated,in Queensbury,
you know,it's a residential park. That's just like me saying,you can't have it there because I have a swing
set and a slide in my backyard which could be considered the neighborhood park that everybody comes to,
but it's a private park,and plus I believe the thicket and the buffer to get over,through the back would be
pretty tough.
MR. DEEB-Also it is going to be,I think going forward it could be problematic,too,if this continues,and
depending on how many more application we see for dispensaries,because a lot of these may come before
us for variances, and we may have to look,I don't know if we have to look at the Code,but this,I can see
that happening. Also in Saratoga,the dispensary on Weible Avenue in Saratoga is very non-descript. You
couldn't tell if it was a dispensary, but right across the street is a huge apartment complex, huge. So I
don't think that that comes into play. I mean it's a retail store,like any other retail store. It's just that it's
going to be selling cannabis,which is strictly regulated and watched.
MR. TRAVER-Well, the Zoning Board that's going to consider this variance request is really just asking
for our input if we have any major concerns with this. I guess I'm not hearing any,and we do have a draft
resolution. So perhaps the thing to do is to send it along to the Zoning Board of Appeals.
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MR. STEFANZIK-Okay.
RESOLUTION RE: ZBA RESOLUTION RE: AV#45-2024 REECE RUDOLPH
The applicant has submitted an application for the following: Applicant proposes converting an existing
3,000 sq ft building for commercial dispensary use.The project includes cosmetic updates to the building's
exterior,re-paving the parking lot and new signage.Pursuant to chapters 179-3-040&r 179-10-070,site plan
for new use in a CI zone and special use permit for dispensary shall be subject to Planning Board review
and approval. Variance: Relief is sought for separation distances from sensitive uses, parking and sign
location. The Planning Board shall provide a recommendation to the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance,per Section 179-9-070 J 2 b. requires the Planning Board to
provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning
Board of Appeals&Planning Board approval;
The Planning Board has briefly reviewed and discussed this application,the relief request in the variance
application as well as the potential impacts of this project on the neighborhood and surrounding
community,and found that:
MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE
ZONING BOARD OF APPEALS FOR AREA VARIANCE 48-2024 REECE RUDOLPH.
Introduced by Fritz Stefanzick who moved for its adoption,and
a) The Planning Board,based on a limited review,has not identified any significant adverse impacts
that cannot be mitigated with current project proposal.
Motion seconded by Ellen McDevitt. Duly adopted this 17`h day of September 2024 by the following vote:
AYES: Mrs. McDevitt,Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Deeb,Mr. Traver
NOES: NONE
MR. TRAVER-You are off to the ZBA.
MS. OLDENQUIST-Thanks very much.
MR. RUDOLPH-Thank you for your time.
MR.TRAVER-The next item on our agenda,also under Recommendations to the Zoning Board of Appeals,
is Site Plan 53-2024 for Lauren Walker.
SITE PLAN NO.53-2024 SEQR TYPE: TYPE II. LAUREN WALKER. AGENT(S): BARTLETT,
PONTIFF, STEWART &z RHODES. OWNER(S): SAME AS APPLICANT. ZONING: WR.
LOCATION: 14 SENECA DRIVE. APPLICANT PROPOSES DEMOLITION OF AN 802 SQ. FT.
HOME TO CONSTRUCT A 809 SQ. FT. FOOTPRINT HOME. THE NEW 2 STORY HOME WIL
HAVE A BASEMENT AND A FLOR AREA OF 2,324 SQ.FT. PROJECT ALSO INCLUDES A 21 MR.
TRAVER-. FT. PORCH,A 26 SQ. FT. WALKWAY FROM THE COVERED ENTRY PORCH AND
470 SQ. FT. OF PERMEABLE PAVER PATIO AREA. THE PROJECT IS LOCATED IN THE
TAKUNDEWIDE DEVELOPMENT. THE PROJECT IS ON ITS OWN SEPTIC AND HAS WATER
SUPPLY FROM THE LAKE. PURSUANT TO CHAPTER 179-3-040&z 179-6-065,SITE PLAN FOR
NEW FLOOR AREA IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR SETBACKS,PERMEABILITY,AND FLOOR
AREA. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING
BOARD OF APPEALS. CROSS REFERENCE: AV 47-2024. WARREN CO. REFERRAL:
SEPTEMBER 2024. SITE INFORMATION: CEA, LGPC, APA. LOT SIZE: .05 ACRES. TAX
MAP NO.239.8-1-27. SECTION: 179-3-040,179-6-065.
STEFANIE BITTER,REPRESENTING APPLICANT,PRESENT;LAUREN WALKER,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this application is demolition of a S02 square foot home to construct an S09 square foot
footprint home. The new two story home will have a basement and floor area of 2,324 square feet. The
project will be on its own septic and water supply from the lake. There is to be a 470 square foot permeable
paver patio area. Relief is being requested for setbacks,permeability and floor area.
MR. TRAVER-Okay. Thank you. Good evening.
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MS. BITTER-Good evening. Stefanie Bitter here with Lauren Walker. Her parents are also in the
audience because this has been her family home since 19ST Lauren was just taking title for estate planning
purposes, and they are trying to improve the home as the family takes this into the next chapter. This is
in Takundewide. Most of you have served on this Board for some time. You're familiar with the fact that
Takundewide is a Homeowners Association that in 2003 entered into a Memorandum of Understanding
with the Town of Queensbury. The Homeowners Association owns IS.7 acres,although this cottage is on
a small parcel of land,they also get to enjoy all of the open space that is Takundewide. That Memorandum
of Understanding that the Town entered into was for the purposes of understanding that with the new
zoning regulations that anybody who wanted to improve their cottage would be in this predicament. The
Town obviously understood it was optimal to keep that acreage and to keep this as a cluster subdivision,
but also appreciated that as the years went by those cottages would have to be improved just as what we're
proposing tonight. Sothis is the 1S`h request from the 32 cottages. These are the same variances that their
neighbors have all obtained and received for the purposes of making a second story and a basement to give
the family a little room to enjoy the lake. When you're looking at these variance requests,we do not believe
they're substantial because of the fact that it is part of the Homeowners Association. So we still have the
1S acres that we get to enjoy as a homeowner member. It is a brand new compliant septic system that
we're going to be incorporating. There are going to be new stormwater features that aren't there today,
and this property,in and of itself,is 266 feet from the lake.
MR. TRAVER-Okay. Thank you,and you're right. We've seen quite a few of these come our way from
the Takundewide properties. Questions,comments from members of the Board?
MR. STEFANZIK-It looks like the design of the two story house that you're proposing is very similar to
the other ones.
MS. BITTER-Yes.
MRS. MC DEVITT-My question is about, and I realize it's permeable pavement,but in walking around
Takundewide,to me,one of the loveliest parts of it is the grass,and so I'm not sure why there needs to be,
and that grass is kept short all the time. I'm not sure I understand why there needs to be such a big patio?
MS. BITTER-Well, all of those pavers are permeable, and we have a details sheet that we'll show you
during the site plan as to the actual method that is utilized.
MRS. MC DEVITT-I'm not concerned about it being permeable or not. I'm concerned more about the size
of the patio in and of itself,without any kind of relationship to it being permeable.
MS. BITTER-Well in this case I would assume that's the only kind of outdoor area that you're going to
have to recreate at, and obviously if it's wet the grass is a great feature,but not so much if you're going to
be able to sit. You wouldn't be able to sustain the chairs or any of the patio furniture. What I was starting
to say about the paving features is they're not regular pavers. I mean they even have a heating feature
associated with them. So they're going to obviously assist with stormwater drainage,which,although the
grass is great,for purposes of drainage and keeping it sustainable and,you know,within their area,these
pavers will also assist with that.
MRS. MC DEVITT-How many other places have as big a patio as that?
MS. BITTER-Nine other patios,but that's her estimate.
MRS. MC DEVITT-That big? In walking around ii hadn't noticed that.
MS.BITTER-We can get you pictures if that's helpful,Ellen. I'm only taking her word for it because she's
been there her whole life.
MR. TRAVER-Presumably they would be back for site plan.
MS. BITTER-Yes.
MR. TRAVER-So perhaps you could look into that and have a comparative patio size you're requesting
versus the majority of the homes that have been updated.
MS. BITTER-Yes.
MR. TRAVER-It would be helpful. Yes, Anything else from the Board?
MR. MAGOWAN-If anybody is familiar,I know Bill used to do this for the longest time,a really great guy,
and I want to thank you.. This is a very unique parcel in the allowances that it's given. So I applaud you
for keeping the square footage. I think that was a great idea to be able to go up and down,and I understand
chair legs and grass just don't mix. I think we've all been to a few birthday and graduation parties where
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they've sank. So a great comparison would be nice to have,but I admire what you've all done over there
to really not increase anything,just to go up and to be able to share with the family I think is admirable.
So thank you.
MR. TRAVER-Any other questions, comments from the Board regarding the variance requests? I think
we have a draft resolution.
RESOLUTION RE: ZBA RESOLUTION RE: AV#47-2024 LAUREN WALKER
The applicant has submitted an application for the following:Applicant proposes demolition of a S02 sq
ft home to construct a S09 sq ft footprint home. The new 2 story home will have a basement and a floor
area of 2,324 sq ft. Project also includes a 21 sq ft porch, a 26 sq ft walkway from the covered entry porch
and 470 sq ft of permeable paver patio area. The project is located in the Takundewide development. The
project is on its own septic and has water supply from the lake. Pursuant to chapter 179-3-040 &179-6-
065,site plan for new floor area in a CEA shall be subject to Planning Board review and approval.Variance:
Relief is sought for setbacks,permeability, and floor area. Planning Board will provide a recommendation
to the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance,per Section 179-9-070 J 2 b. requires the Planning Board to
provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning
Board of Appeals&Planning Board approval;
The Planning Board has briefly reviewed and discussed this application,the relief request in the variance
application as well as the potential impacts of this project on the neighborhood and surrounding
community,and found that:
MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE
ZONING BOARD OF APPEALS FOR AREA VARIANCE 47-2024 LAUREN WALKER.,Introduced
by Frtiz Stefanzick who moved for its adoption,and
a) The Planning Board,based on a limited review,has not identified any significant adverse impacts
that cannot be mitigated with current project proposal.
Motion seconded by Brad Magowan. Duly adopted this 17`h day of September 2024 by the following vote:
AYES: Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Deeb,Mrs. McDevitt,Mr. Traver
NOES: NONE
MS. BITTER-All right. Thank you very much.
MR. TRAVER-The next item on our agenda under recommendations to the Zoning Board of Appeals is
Steve Rowe. This is Site Plan 55-2024.
SITE PLAN NO. 55-2024 SEQR TYPE: TYPE 11. STEVE ROWE. AGENT(S): AJA
ARCHITECTURE. OWNER(S): STEVE ROWE &z KATHLEEN ROWE. ZONING: WR.
LOCATION: 59 BARBER ROAD. APPLICANT PROPOSES ALTERATIONS TO AN EXISTING
HOME TO INCLUDE A NEW 60 SQ. FT. COVERED ENTRYWAY ON THE LOWER LEVEL,
ENCLOSING AN EXISTING PORCH FOR A PANTRY ON THE MAIN LEVEL WITH PET DOOR
ACCESS. ALTERATIONS TO THE SHORELINE FACING PORTION OF THE HOME INCLUDE
ENCLOSING A PORCH, ADDING A NEW OPEN PORCH WITH EXTERIOR LANDING AND
STEPS FROM THE MAIN LEVEL TO THE LOWER LEVEL. A NEW 120 SQ.FT.SHED WILL BE
INSTALLED ON THE NORTH SIDE AS WELL AS A NEW 320 SQ. FT. DOCK. SITE WORK
INCLUDES TREE REMOVAL,NEW SHORELINE PLANTINGS,STONE TRENCH,GUTTERS ON
THE HOME, AND REMOVAL OF AN EXISTING STONE WALL ON THE NORTH SIDE THAT
WILL BE RE-GRADED. PURSUANT TO CHAPTER 179-3-040 &z 179-6-065, SITE PLAN FOR
NEW FLOOR AREA IN A CEA AND HARD SURFACING WITHIN 50 FT. OF THE SHORELINE
SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF
IS SOUGHT FOR SETBACKS AND FLOOR AREA. PLANNING BOARD SHALL PROVIDE A
RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: AV 50-
2024. WARREN CO.REFERRAL: N/A. SITE INFORMATION: CEA,GLEN LAKE. LOT SIZE:
0.15 ACRES. TAX MAP NO.289.11-1-5. SECTION: 179-3-040,179-6-065.
JON ZAPPER,ANDY ALLISON&SARA HAYNES, REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
9
(Queensbury Planning Board 09/17/2024)
MRS.MOORE-So this application is for alterations to an existing home. Includes a 60 square foot covered
entryway on the lower level,enclosing an existing porch for pantry on the main level with pet door access
and then completing an enclosed porch area on the shoreline facing portion, and to install a new dock of
320 square feet. Relief is being requested for setbacks for the new roof areas, an enclosure of the lower
porch area, the setback to the shoreline. The proposed dock to be 12 feet from the west property line
where 20 foot is required. The floor area ratio has been exceeded and then the privacy fence location within
50 feet of the shoreline.
MR. TRAVER-Okay. Thank you. Good evening.
MR. ZAPPER-Good evening, everyone. For the record,Jon Lapper with Andy Allison and Sara Haynes
from AJA Architecture and Steve Rowe the applicant is right behind us. Sothis is a bunch of very modest
variances to upgrade a house that needs to be upgraded. Steve and Kathy bought it as their year round
permanent home. It had previously been used as an Air B N B,which didn't make the neighbors too happy.
What they're doing to make this their permanent home, and I'm sure that maybe you've seen it. It's got
mold on the siding. It's very dated. They're adding 72 square feet of floor area ratio. Yes,it's over,just
very minor to make the front entrance on the lower level,rather than walking up these steep stairs to the
second level. There's an awful looking garage door in that area. So the first floor gets renovated. On the
lakeside they're adding doors to enclose what's an existing open porch, and that is within the 50 feet.
That's not going to change anything other than make the building look a lot better and a lot more usable.
Just in general,besides that,on the southside the setbacks that are being requested are existing setbacks,
but they're ripping off this terrible looking roof on the front of the house and replacing it with a new roof
in the same place,but of course that requires a variance because it's anew roof,but it's not any closer. The
fence covers up a house upon the north side which really needs to be covered up. There's three big propane
tanks sitting out thereon the side of the neighbor's house. Then on the dock,which is another interesting
story, this would be completely compliant where they want the dock, but the neighbor to the north,
previously,before the applicants owned it,built an extension of this little deck. I don't know how they
got approval for it,but it goes into the lake and changes the projection of their property onto the lake. So
even though we would be 20 feet on both sides because of this dock structure, deck structure that the
neighbors built. It's 12 feet at one point out, and you draw the line out to the end of the dock. So really
minor stuff,plenty of room for a boat,but then beyond that,they just got approval for a new septic system
from the Town Board,and there's stormwater and a whole bunch of landscaping being proposed that the
site really needs. So really cleaning up something and making it attractive with,you know,yes,a number
of variances but really minor stuff, and mostly it's not getting any different than it is now, except for 72
square feet. So with that,let me just ask the architects to just quickly show you on the maps.
MR. TRAVER-Sure.
MR. ALLISON-For the record it's Andy Allison with AJA Architecture. I can just give you a quick run
through of the whole project layout if you'd rather that. I don't know if you can go to the one that shows
the Slide 4 there. The Rowes came to us and their main goal was to really just improve the way the house
looks from the outside,and they wanted to re-do the inside. Currently it's a four bedroom house. They're
converting it to a three bedroom house,and there's an existing garage that's under the house. That garage
is being gotten rid of. We're converting that into what's basically an entry/mudroom area and then we're
creating a downstairs like living room and office area. Those are the big changes inside, along with,you
know, completely gutting the house, making it energy efficient and all those fun things. What Jon
mentioned on this,you know,about the lakeside addition is that porch underneath the three season porch
that we're enclosing,that's now going to be part of the enclosed space in the basement. You can see the
landscaping around the backside. Those are three rather mature pine trees,you know,for years it's never
looked anything other than hardpan dirt and soil. So the trees are coming out. We met with the Town.
We had an arborist look at the trees. They kind of all agreed that they kind of have to go, and then that,
in removing those trees, it also enables us to put in some stormwater retention on this backside to help
deal with any of the runoff that is now going into the lake,we can now retain in our landscape beds,things
like that. So the front of the house,the upper right hand corner,you know,it's in good shape,the house
is in good shape structurally. It's just kind of a little bland. The Rowes really wanted to make it more
cottage feeling, more something in keeping with the lake house and helping improve the neighborhood.
So those were the main driving things that we were trying to go after. I don't know if you have our
elevation drawings or just the overall site plan. There are a couple like contributing things about this
project that I'd like the Board to kind of understand that are happening,outside of what we've discussed,
and one of the main things,this neighborhood is kind of a dead end road. There's no turnaround,and we
have some documents that show, that we can give you guys, that show the numerous vehicles that have
shown up there. I think there's a,we have some photos here that show on one day in the winter there's
probably eight different service vehicles that use their driveway to turn around in, and maybe if we can
pull up that site plan again. Part of this project is to improve that driveway out front. Originally the idea
was to do all permeable pavers,even making the pervious part of that site less,but we've decided to keep
the front of the driveway hard surface so that the service vehicles can still have a place to turn around.
Plow truck is one of the big things that comes through there. The plows constantly takeout a small rock
retaining wall that's there, which we're getting rid of as part of this project. So, you know, the Rowes
were really sensitive to the fact that their driveway needs to be maintained in a way that the whole
10
(Queensbury Planning Board 09/17/2024)
neighborhood can benefit. So we initially went for a bigger reduction in impervious to the whole thing,
but we ended up stepping back on that. Overall we are improving the impervious of the site with no
variances needed for that,but we are making it more impervious,more pervious,sorry,yes. The little roof
addition that we're adding is really just to protect what is now going to be the front door of the house,you
know,it's North Country. We have to worry about that stuff. By moving that entrance down to the lower
level,we were able to eliminate a set of concrete stairs and sidewalks that circled up around the hill and
brought you in the side door of what is now going to be the pantry of the house. So it's a much safer way
to get in and out of the house,better for aging in place,and in the Staff Notes,too,there's a lot of talk about
this new pantry that's being added on that's really just converting what was the old entrance into a pantry,
and the only thing substantive that we're doing to that is we're re-building that roof so that it's not a shed
but it's a,has two pitches on it,which reduces the overall scale of that thing. We thought that was a nicer
look for the community. Those are really the major, I would say things that I would like to have as a
takeaway. Everything else is pretty straightforward.
MR. TRAVER-Okay. Well tonight we're here for the variances. There are, I think there will be some
questions when it comes to Site Plan. I know that you're removing,there's four trees,you're taking three
of them out,and one is to be planted. You mentioned the arborist made a recommendation about the tree
removal. Is there any documentation? I didn't see any of that in the?
MS. HAYNES-In the application at the end,there should be a letter from A-1 Tree Services.
MR. TRAVER-Okay. I must have missed that. I apologize.
MS. HAYNES-No worries.
MR. ZAPPER-We expected that would be something that the Board would want to talk about at Site Plan
and we think that a lot of landscaping is going in to make up for it,but we're ready to talk about that.
MR. TRAVER-Right. That's a site plan issue. All right. Questions, comments from members of the
Board?
MR. STEFANZIK-I think it's a nice project. I'm happy to see that you're renovating the home and
improving the character,maintaining the character,versus demolishing it and building too big of a house.
MR. TRAVER-And eliminating a short term rental.
MR. STEFANZIK-True.
MR. MAGOWAN-I just want to say, what a transformation on the same footprint. You did a really
excellent job. I'm really impressed. I'm familiar with a lot of the pine trees on the front of the lake, and
there comes a point in time where they become more of a danger than anything else, and you're
supplementing the removal of the pines with the good plantings, and if you're able to plant some other
trees maybe behind,you know,because I don't think people really realize how much water a tree absorbs,
but I was really impressed with your renderings of keeping the same footprint and really changing the
house around. I don't have a problem understanding the rooflines and what you did there.
MR. STARK-Yes,I agree. It's a great project.
MR. DEEB-The only thing I would add on your site plan is you're removing three trees,putting one back
in.
MR. ZAPPER-You'd want that. We talked about that last week. We've got some more trees going in.
MR. DEEB-One on one.
MS. HAYNES-We already revised.
MR. DEEB-That's great. Thankyou.
MR.TRAVER-All right. It sounds like we're ready to send this to the ZBA and we have a draft resolution.
RESOLUTION RE: ZBA RESOLUTION RE: AV#50-2024 STEVE ROWE
The applicant has submitted an application for the following: Applicant proposes alterations to an
existing home to include a new 60 sq ft covered entryway on the lower level,enclosing an existing porch
for a pantry on the main level with pet door access.Alterations to the shoreline facing portion of the home
include enclosing a porch,adding a new open porch with exterior landing and steps from the main level to
the lower level. A new 120 sq ft shed will be installed on the North side as well as a new 320 sq ft dock.
Site work includes tree removal,new shoreline plantings, stone trench,gutters on the home,and removal
11
(Queensbury Planning Board 09/17/2024)
of an existing stone wall on the North side that will be regraded. Pursuant to chapter 179-3-040&179-6-
065, 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 fence
location. The Planning Board shall provide a recommendation to the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance,per Section 179-9-070 J 2 b. requires the Planning Board to
provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning
Board of Appeals&Planning Board approval;
The Planning Board has briefly reviewed and discussed this application,the relief request in the variance
application as well as the potential impacts of this project on the neighborhood and surrounding
community,and found that:
MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE
ZONING BOARD OF APPEALS FOR AREA VARIANCE 50-2024 STEVE ROWE,Introduced by Fritz
Stefanzick who moved for its adoption,and
a) The Planning Board,based on a limited review,has not identified any significant adverse impacts
that cannot be mitigated with current project proposal.
Motion seconded by Ellen McDevitt. Duly adopted this 17`h day of September 2024 by the following vote:
AYES: Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr.Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Traver
NOES: NONE
MR. TRAVER-You're off to the ZBA.
MS. HAYNES-Thank you so much.
MR. TRAVER-The next section of our agenda is Old Business, and the first item is True North Cannabis,
LLC. This is Site Plan 43-2024 and Special Use Permit 4-2024.
OLD BUSINESS:
SITE PLAN NO. 43-2024 SPECIAL USE PERMIT 4-2024 SEQR TYPE: UNLISTED. TRUE
NORTH CANNABIS, LLC. AGENT(S): BARTLETT, PONTIFF, STEWART &z RHODES OON
LAPPER). OWNER(S): 1471 ST.RT.9 LLC. ZONING: CI. LOCATION: 1471 STATE ROUTE
9. APPLICANT PROPOSES TO USE AN EXISTING 2,000 SQ. FT. UNIT IN AN 11,835 SQ. FT.
BUILDING WITHIN A NEWLY CONSTRUCTED SHOPPING PLAZA FOR USE AS A RETAIL
CANNABIS BUSINESS. PURSUANT TO SECTIONS 179-2-010, 179-3-040, 179-10-040 &z 179-10-
070 (EE), SITE PLAN AND SPECIAL USE PERMIT FOR NEW USE IN A CI ZONE SHALL BE
SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 68-
2022, SUP 6-2022, FWW 13-2022, AV 49-2022, AV 41-2024. WARREN CO. REFERRAL:
AUGUST 2024. SITE INFORMATION: OUTLETS PLAZA. LOT SIZE: 199 ACRES. TAX MAP
NO.288.-1-58. SECTION: 179-2-010,179-3-040,179-10-040,179-10-070 (EE).
JON ZAPPER,REPRESENTING APPLICANT,PRESENT;JOSH SILVER,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So the applicant proposes to use an existing 2,000 square foot unit of an 11,835 square foot
building within a newly constructed shopping plaza. The applicant received the variance from the setback
separation distance from Gurney Lane and the mini-golf course and then the applicant,at this meeting,is
requesting waivers for stormwater, topography, and in this case the Board will have to make a decision
whether it's a temporary,renewable or permanent.
MR. TRAVER-Okay. Thank you. Good evening. Welcome back.
MR.ZAPPER-Good evening,everyone. For the record,Jon Lapper with Josh Silver. So after we were here
with you last month, as Laura said,we went to the Zoning Board and they approved those two variances,
and this is a funny situation because you just approved this whole site plan for the Subway developer about
a year ago, made it a very good time for Josh to come and sign a lease because it was under construction.
We think it's a totally appropriate place, at the Outlets,close to Lake George where cannabis is not legal
and it would be convenient so not a lot of people driving through Town to get to here,being on the north
end of Town,but in terms of parking and landscaping,the stormwater was all part of what was approved
for that site plan. So we're just taking an existing interior retail space, but we're here to answer any
questions.
12
(Queensbury Planning Board 09/17/2024)
MR. TRAVER-Okay. Thank you. Questions, comments from members of the Board? Follow up
questions? One of the things we need to consider,as Laura pointed out,is the Special Use Permit. Laura,
I understand, I'm not seeing it in front of me right now, but I understand that the Special Use Permit is
automatically terminated should the cannabis business go away.
MRS. MOORE-Right.
MR. TRAVER-So that's one thing to consider on the Board. I don't know how we would classify that.
Would that be considered a permanent or temporary?
MRS. MOORE-So it would be permanent. You the Board would be granting potentially a permanent
status. If it fails to maintain the license from the State,then it would,you know,dissipate.
MR. TRAVER-Right.
MRS. MOORE-And the whole project goes away.
MR. TRAVER-Okay. All right. Thank you.
MRS. MOORE-And so a new person would have to re-apply because they have the same restrictions of
applying to the State for a license.
MR. TRAVER-Right. Understood. Okay. Thank you for that clarification. Questions,comments from
members of the Board?
MR. DEER-So you saw before us we had another dispensary. Do you anticipate the kind of burgeoning of
this industry in Queensbury?
MR. SILVER-Well,so this will be dispensary number eight for me.
MR. DEEB-For you. You're in Vermont.
MR. SILVER-Vermont, Massachusetts, Maine. That Weibee Avenue dispensary that you referenced
earlier. That was mine. So there's a lifecycle,you know,to how State's roll out these types of programs
and how the markets react to it. I think we're on the front edge of it where there's a lot of excitement,and
there's a lot of applications. Eventually it becomes harder, and harder to find compliant retail locations,
and that kind of shrinks the pool of applicants that are coming in,and then the market matures a little bit
and not everybody makes it,just like if there were 10 liquor stores on the same block,maybe one or two of
them would survive. That's, you know, we see that in Massachusetts where we fought off a lot of our
competitors. You see it in Maine. These are States that legalized in 2016,had dispensaries there for four,
five years now. So every market that I've really taken a close look at has kind of followed that trajectory
and I would expect something similar here.
MR. DEEB-You have a proven track record. Do you have any in Pittsfield?
MR. SILVER-No.
MR. DEEB-I understand there's like eight dispensaries in Pittsfield.
MR. SILVER-Yes,there's several.
MR. DEEB-And that's a large city.
MR. SILVER-Yes, so we went to Portland, Maine right after COVID in 2020 and we thought there was
really restrictive zoning at the time. Once we got approved,the Town changed their zoning and it totally
got flooded and now we're one of maybe 50 in Portland,and it's a tough,it's a great town. Absolutely some
of the best food around. However,it is tough sledding.
MR. DEEB-It must be affecting your bottom line.
MR. SILVER-For sure,but,you know,we do a very good job. We've kept all the employees we've hired.
We've continued to grow our revenue. It's a business,just like any other.
MR. DEEB-Your store on Weibel Avenue is a great store.
MR. SILVER-I appreciate that.
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(Queensbury Planning Board 09/17/2024)
MR. DEEB-Then you have The Rise in Clifton Park,which I looked at, too, and it's just amazing what's
going on out there.
MR. SILVER-Yes. The Rise is owned by Green Thumb, which is probably the second or third largest
multi-State operating dispensary company in the country.
MR. DEEB-What about High Peaks in Saratoga? Has that affected you at all? They just started,right?
MR. SILVER-Yes. They just opened. So it's hard to tell because,you know,we opened right when the
track season opened, and then they opened right when the track season closed. So,yes, of course their
numbers are down from this summer,but it's impossible to know why exactly.
MR. DEEB-Thank you.
MR. MAGOWAN-Well let's talk about your strand. I want to know all about your strand. I think it's a
great location. You're among other retail stores. I think it's a, I hope Queensbury,with our 1,000 foot
circles and some of our legislation, that we, I wouldn't look forward to seeing too many more stores. It's
nice to have a few,but I travel a lot to Vermont,Massachusetts,Maine,and,you know,it's a shame when
they get flooded.
MR. SILVER-Yes, I would agree, and in fact, you know, about two years ago I was invited to give a
presentation to the Town Council, because at that time there was a State law but there was no zoning
ordinance. So I reached out to Stuart and I said,hey,you know, if you guys get caught flat-footed,you
could have these on every block. So I came in. I talked to the Town Council about my experience,
particularly in Portland, Maine where there was that, where we did get flooded, and the Town came up
with this Zoning Ordinance,which I think is doing a really good job about making it difficult, making it
so you don't end up in that result where there's one on every block,because it's not good for anybody. It's
not good for the Town. It's not good for the operators. So I think the Town's done a good job, and I say
this knowing that I've had to apply for a variance to get to this place,but I think this Board and the Zoning
Board looked a it very rationally in the context of a larger zoning ordinance and I do think we have a good
location.
MR. DEEB-You have a store in Bennington,too.
MR. SILVER-Yes,we do,yes,we have a store in Bennington.
MR. DEEB-Compare Vermont to New York. I know you have to purchase your product within the State.
MR. SILVER-Yes.
MR. DEEB-It has to come from within the State.
MR. SILVER-That's correct. So,you know, and I think it's an important distinction, too,between what
you see at like gas stations,you know,when you go in there and they have like Delta 9,THC products. It's
all made in China. It's all made overseas,and it comes over here.
MR. DEEB-That's scary.
MR. SILVER-Regulated adult use, New York State licensed dispensaries all purchase from in-State
cultivators and product manufacturers, and that's the case in every State, and that's the case in Vermont.
That's the case in Massachusetts and that's the case in Maine,and I think understanding that really helps
you understand how the market dynamics change over time because when you think about the cost to set
up one of these operations,setting up a retail is very different than setting up a 300,000 square foot indoor
cultivation facility,both in time and in money,but they'll come. I've toured some in the Hudson Valley.
PharmaCam invited us in. We viewed that they could potentially put out more from that one facility than
basically all of Vermont. So when you look at a State like Vermont,the wholesale market's developed very
differently because there's just been a lot less attention from some of the larger operators that built out
these really massive facilities, and as a result the prices, the wholesale prices have been very stable, not
super strong,but stable. Whereas Massachusetts,I think there's continuing price compression as a result
of kind of more and more of these larger cultivators coming on line,but I don't know if we're going a little
too deep right now.
MR.STEFANZIK-In the future there's going to be a cultivation facility off of Aviation Road in Queensbury.
So is that someone you would do business with?
MR. SILVER-Yes, 1000/o. So we've,you know, we have, at our store right now in Saratoga, we've got a
pretty good mix about,you know,on our wholesale vendor list. We buy from some of the larger cultivators
and we're,you know,careful to buy from the local ones,too. Now this is going to be a local one and a big
one. So I imagine that they're going to be moving their product all over the State.
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(Queensbury Planning Board 09/17/2024)
MR. DEEB-Fritz,you said Aviation Road? Queensbury Avenue.
MR. STEFANZIK-I'm sorry,Queensbury Avenue. I'm thinking about the airport.
MR.DEEB-Well,it really sounds like you're on top of this whole situation. It probably has a curve because
of the amount of work and effort you put into it. So I applaud your effort.
MR. SILVER-Thank you.
MR. TRAVER-There is a public hearing on this application as well. Is there anyone in the audience that
wants to address the Planning Board on this application,Site Plan 43-2024 or Special Use Permit 4-2024?
Not seeing any. Laura's checking for written comments for us.
PUBLIC HEARING OPENED
MRS. MOORE-There are none.
MR. TRAVER-Okay. Then we will go ahead and close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-Anything further from members of the Board?
MR. DEEB-When do you anticipate to be open?
MR. SILVER January.
MR. DEEB-That soon?
MR. SILVER-Yes,so I was just up there today,and it looks like I could probably,you know,I've got to pull
a building permit, but if I could do that in the next 30, 45 days, I've got about two months work of
construction and then about a month worth of State licensing.
MR. DEEB-Do you purchase from Chestertown?
MR. SILVER-I actually,I don't think I am,but I'd have to take a look to see. I mean I just don't know if
they've made it onto our list yet.
MR. DEEB-Thank you.
MRS. MOORE-You're going to do a SEQR resolution first.
MR. TRAVER-Yes. Okay. My apologies. We'll do SEQR first. Okay. Do any Board members have any
environmental impact concerns with this prior to considering SEQR resolution? Okay.
RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP#43-2024 SUP 4-2024 TRUE NORTH
The applicant proposes to use an existing 2,000 sq It unit in an 11,535 sq It building within a newly
constructed shopping plaza for use as a retail cannabis business.Pursuant to sections 179-2-010,179-3-040,
179-10-040&r 179-10-070(EE),site plan and special use permit for new use in a CI zone shall be subject to
Planning Board review and approval.
The proposed action considered by this Board is Unlisted in the Department of Environmental
Conservation Regulations implementing the State Environmental Quality Review Act and the regulations
of the Town of Queensbury;
No Federal or other agencies are involved;
Part 1 of the Short EAF has been completed by the applicant;
Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury
Planning Board as lead agency that this project will result in no significant adverse impacts on the
environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this
negative declaration is issued.
MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 43-2024 &z SPECIAL USE
PERMIT 4-2024 TRUE NORTH CANNABIS, LLC. Introduced by Fritz Stefanzick who moved for its
adoption.
15
(Queensbury Planning Board 09/17/2024)
As per the resolution prepared by staff.
1. Part II of the Short EAF has been reviewed and completed by the Planning Board.
2. Part III of the Short EAF is not necessary because the Planning Board did not identify potentially
moderate to large impacts.
Motion seconded by Ellen McDevitt. Duly adopted this 17`h day of September 2024 by the following vote:
AYES: Mr. Magowan,Mr. Stefanzick,Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Stark,Mr. Traver
NOES: NONE
MR. TRAVER-Site Plan next.
RESOLUTION APPROVING SP#43-2024 SUP 4-2024 TRUE NORTH CANNABIS,LLC
Applicant proposes to use an existing 2,000 sq It unit in an 11,535 sq It building within a newly constructed
shopping plaza for use as a retail cannabis business. Pursuant to sections 179-2-010,179-3-040,179-10-040
&r 179-10-070 (EE), site plan and special use permit for new use in a CI zone shall be subject to Planning
Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO,the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to the Warren
County Planning Department for its recommendation. The County Planning Department issued a
recommendation of No County Impact on S/13/24.
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 S/27/2024; the ZBA
approved the variance requests on S/2S/2024;
The Planning Board opened a public hearing on the Site plan application on 9/17/2024 and continued the
public hearing to 9/17/2024 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 9/17/2024-1
The Planning Board determines that the application complies with the review considerations and
standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval,
MOTION TO APPROVE SITE PLAN 43-2024 &z SPECIAL USE PERMIT 4-2024 TRUE NORTH
CANNABIS,LLC. Introduced by Frtiz Stefanzick who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted for stormwater plans [§179-9-0500)] and topography [§179-9-050(K)]
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 expiration date of 9/17/2025-1
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.
16
(Queensbury Planning Board 09/17/2024)
b. The project NOT(Notice of Termination)upon completion of the project;
c. The applicant must maintain on their project site,for review by staff:
i. The approved final plans that have been stamped by the Town Zoning
Administrator. These plans must include the project SWPPP (Storm Water
Pollution Prevention Plan)when such a plan was prepared and approved;
ii. The project NOI and proof of coverage under the current NYSDEC SPDES General
Permit,or an individual SPDES permit issued for the project if required.
g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building and
Codes personnel;
h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or
the beginning of any site work;
i) Subsequent issuance of further permits, including building permits is dependent on compliance
with this and all other conditions of this resolution;
j) As-built plans to certify that the site plan is developed according to the approved plans to be
provided prior to issuance of the certificate of occupancy.
k) This resolution is to be placed in its entirety on the final plans.
1) Special use permit will be permanent,subject to the conditions listed below:
a. Hours of operation.The retail cannabis business shall not open before 9:00 a.rn_nor remain
open after 9:00 p.m. Monday through Saturday and shall not open before 12:00 noon nor
remain open after 6:00 p.m.on Sunday. [§179-10-070(EE) (3)]
b. The retail cannabis business shall not operate,and the special use permit shall not be valid,
until the applicant has obtained all licenses and permits issued by the State of New York
and any of its agencies for the dispensary. [§179-10-070(EE) (6)]
c. The special use permit granted shall have a term limited to the duration of the applicant's
use of the premises as a retail cannabis business. A special use permit may be transferred
only with the approval of the Planning Board in the form of an amendment to the special
use permit. [§179-10-070(EE) (7)]
d. Revocation of special use permit:
i. Any violation of this subsection shall be grounds for revocation of a special use
permit issued under this subsection. [§179-10-070(EE)(S)(a)]
ii. Revocation or expiration of a license by New York State shall be grounds for
revocation of the special use permit. [§179-10-070(EE)(S)(b)]
Motion seconded by Brady Stark. Duly adopted this 17`h day of September 2024 by the following vote:
AYES: Mr. Stefanzick,Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Traver
NOES: NONE
MR. TRAVER-You are all set.
MR. DEEB-Good luck.
MR. ZAPPER Josh educated us all in this process. Thanks,everybody.
MR.TRAVER-The next section of our agenda is New Business and the first item is Cerrone Builders. This
is Site Plan 56-2024.
NEW BUSINESS:
SITE PLAN NO.56-2024 SEQR TYPE: TYPE II. CERRONE BUILDERS. AGENT(S): HUTCHINS
ENGINEERING. OWNER(S): REVIVAL DESIGNER HOMES, LLC. ZONING: MDR.
LOCATION: 4 BERRY DRIVE. APPLICANT PROPOSES CONSTRUCTION OF ANEW 2,565
SQ. FT. FOOTPRINT HOME WITH ASSOCIATED SITE WORK. THE PROJECT INCLUDES
ONSITE SEPTIC AND WELL AND THE SITE WILL NEED TO BE GRADED TO ACCOMMODATE
THE HOME. THIS GRADING IS PART OF A SIMILAR PROJECT ON THE ADJOINING LOT.
THIS LOT IS LOCATED ON THE CORNER OF BAY ROAD AND BERRY DRIVE WITH THE
DRIVEWAY ACCESS LOCATED ON BERRY DRIVE. PREVIOUS SUBDIVISION APPROVAL
INCLUDED PLANTING REQUIREMENTS ALONG BAY ROAD. WAIVERS ARE BEING
REQUESTED FOR LIGHTING, SIGNAGE, LANDSCAPING, TRAFFIC, CONSTRUCTION
DISPOSAL, AND SNOW REMOVAL. PURSUANT TO CHAPTER 179-6-060, SITE PLAN FOR
WORK WITHIN 50 FEET OF 15%SLOPES SHALL BE SUBJECT TO PLANNING BOARD REVIEW
AND APPROVAL. CROSS REFERENCE: SUB 13-2005,AV 77-2005. WARREN CO.REFERRAL:
SEPTEMBER 2024. SITE INFORMATION: SLOPES. LOT SIZE: 1.00 ACRE. TAX MAP NO.
289.12-1-9.14. SECTION: 179-6-060.
TOM CENTER,REPRESENTING APPLICANT,PRESENT;GIANNI SIMONE,PRESENT
17
(Queensbury Planning Board 09/17/2024)
MR. TRAVER-Laura?
MRS. MOORE-So this application is construction of a 2,565 square foot footprint home and associated
site work. The project includes on-site septic and well and the site will need to be graded to accommodate
the home. Site Plan Review is required for a project within 50 feet of 150/o slopes and fill in excess of six
feet. What I handed out was the engineering comments for this project,for 4 Berry,and then I have follow-
up for the next project. Engineering just sent that information today. So I apologize forgetting it to you
late.
MR. TRAVER-All right. Thank you. Good evening.
MR. CENTER-Good evening. Tom Center with Hutchins Engineering along with Gianni Simone from
Cerrone Builders. I'm not sure,both of these lots are owned by the Cerrones,both 4 Berry and 10 Berry.
So they're joined together,even though they're two separate projects. So if it's all right with you folks,I'll
kind of talk about them both together rather than separately and then we can go forward.
MR. TRAVER-Yes.
MR. CENTER-All right. So 4 Berry is this lot right here. Originally this is the Burke subdivision that was
approved in October of 2005. Both lots had individual driveways off of Berry Drive. They require fill,
obviously that's why we're here, for 150/o slopes,work within 50 feet of 150/o slopes. As a package,with
both of these projects,we brought them together in the grading plan because Cerrone plans to bring in the
material at the same time for both lots, and develop them. One lot is already under contract,which is 10
Berry,the lower lot,but we do plan to bring in the fill at the same time. When the lots were developed in
2005 we were notified, actually 10 Berry,right here,we were notified last week by a neighbor that's three
lots down on Berry Drive that they have a small sliver of property that goes up Berry Drive onto,in front of
10 Berry. We did not see that at the time. Both Laura and I both missed it. I did some research with
VanDusen and Steve sand the owner was correct. He does own that property. It comes along here. It's
a small sliver. Lot 10 Berry has a 40 foot road frontage. On the drawings that I just handed out,I showed
that. I called that 40 foot road frontage. That was an SR-IA at the time in 2005,which only required 40
feet minimum of road frontage. So it has the required road frontage under that subdivision. So what we
tried to do,in developing these lots,is to get the houses about 12 to 1S inches higher than the road so they
present themselves and front them off the road. So we're limiting our disturbance, trying to limit our
disturbance as much as possible as far as fill, and get into the houses and keep them on grade with the
existing road. The soils,the underlying soils,are decently drained sands with good perc rates. We know
we're bringing in a lot of fill and we'll have to re-do the test pits and perc tests once the fill is in place,and,
you know, Mr. Cerrone is, the Cerrones are bringing in Services Unlimited and they understand that we
need some compaction as we bring in the fill. Four Berry Drive, right here, is a spec house right now.
We've got fill that's being brought in for that area. Septic system to the rear. We have an area for
stormwater management in the southern southeast corner and we provided the stormwater management
for that. As far as 10 Berry Drive,we've done pretty much the same thing,brought it up closer to the west
and provided infiltration trenches for the driveways and then the house roofs and rear parcels will drain to
the stormwater devices. We went through the engineering comments, didn't see anything in there that
we can't respond to. We know that with 10 Berry Drive we're going to be providing deeper frost walls so
those footings will be on existing soil. Four Berry Drive we plan on bringing the material, allow it to sit
through a winter freeze/thaw, then do compaction testing before we put the foundations in. So we've
kind of covered those bases.
MR. TRAVER-Okay. So question about the sliver of land in front of both lots.
MR. CENTER-It's only in front of 10 Berry.
MR. TRAVER-Is it like a flag lot or something?
MR. CENTER-It's not a flag lot. I'm not sure,Laura,if you can pull up the tax map so that everybody can
see that.
MR. TRAVER-Are you going to buy it from this person?
MR.CENTER-We spoke with the gentleman that owns it. He is not interested in selling it. We discussed
the issues.. I laid out everything where the minimum we would need was 600 square feet. If we wanted
to square it off at our property corner was 1500 square feet. He was not interested. He wasn't against the
project. He's actually, we both know the gentleman,had some conversations with him. He just is not
interested in selling the finger of land. It's probably something that should have been addressed way back
during the subdivision approval, but there was three different subdivisions that were done here. There
was Phase I of Berry Patch down on this side, and then Phase II of,I think it might have been Berry Drive
first and then Berry Patch, and then after those two subdivisions were developed, Mr. Burke subdivided
his parcel.
1S
(Queensbury Planning Board 09/17/2024)
MR. TRAVER-So again,as you've said,you feel confident you can address the engineer concerns and get a
sign off?
MR. CENTER-Yes, and we will work with the Building Department also. That's something that we
worked with John O'Brien before.
MR. TRAVER-Yes.
MR. STEFANZIK-How do you think you'd respond to Item Four about reconsidering the regrading or
moving the house?
MR. TRAVER-Well that's the settling I was asking about.
MR. CENTER-Well,we're trying to,we also have I believe on the Bay Road side,we have 100 foot setback
there. So we're trying to keep the house there away from Bay Road. The closer I go to Bay Road,we get
into the side hill and get closer to Bay Road. So we've kind of got it into a sweet spot right there where
we're grading into the side hill in that area, and being able to bring the fill in and allow it to go through a
freeze/thaw cycle is also going to help us.
MR. STEFANZIK-And I'm not sure if I'm missing something,but I don't see any floor area ratio numbers,
parcel numbers,house numbers in the application.
MRS. MOORE-It doesn't trigger it. It doesn't trigger floor area.
MR. CENTER-These are single story ranch with walk out basements.
MR.TRAVER-There's a public hearing on this application as well. This is,again,we'll start with Number
Four Berry Drive. Is there anyone in the audience that wants to address the Planning Board on Site Plan
56-2024? Written comments,Laura?
PUBLIC HEARING OPENED
MRS.MOORE-I do have one written comment. This is,I'll read it first. This is"I would like my comments
above regarding Leonard Lane on record. 1. Were there surveys completed for the property? It seems as
the markers are being move and the work they are performing has expanded into/towards my property..
2. Are there any plans to put up a natural or live barrier between the properties? Previously there were
woods behind my property, which is one of the reasons that I purchased the property. Now there is a
"road" and there are no trees remaining. I would expect that there be trees or plants planted in order to
somewhat restore what was there previously. Thank you. Stephanie DiLaurenzio" And I took a look at
this,just because I wanted to know where her property was located,and if I'm correct it's this one. So,yes,
so this is her current property,and the project actually is these two lots up here. So it's within 500 feet of
notification,but not adjacent to the actual property work.
MR. TRAVER-So the tree removal that she speaks about has nothing to do with this project.
MRS. MOORE-Correct.
MR. MAGOWAN-But isn't there two more lots on the other side that also has the Berry Drive name in it?
MR. CENTER-There are two other lots,but they're off of Bay Road. Lot One and Two I believe.
MR. MAGOWAN-I was wondering maybe she got confused, because I was kind of confused at the
beginning,too,because that's what I saw right off the bat was,you know,those two lots that back up to
that,and I saw some clearing.
MR. CENTER-Those two lots only required a building permit. They did not have 150/o slopes on them.
MR. MAGOWAN-Even getting down to it?
MR. CENTER-Right,it's not within 50 feet of the structure.
MR. TRAVER-No other written comments,Laura?
MRS. MOORE-No, but I did want to point out that in the original subdivision, along Bay Road for this
particular lot, there was supposed to be additional landscaping and I just wanted to see if the applicant
could clarify if that's occurring or if they're proposing something different.
MR. TRAVER-Okay. Thank you,and we will close the public hearing.
19
(Queensbury Planning Board 09/17/2024)
PUBLIC HEARING CLOSED
MR. TRAVER-So can you address the landscaping?
MR. CENTER-Yes,we will provide the trees along Bay Road as per the original subdivision approval.
MR. TRAVER-And that's for Number Four and for Number 10?
MR. CENTER-It's just for Number Four. It's four or five additional trees along Bay Road was in the
original subdivision approval,which will provide screening for the lot.
MRS. MC DEVITT-Will the trees along Berry Drive that are right along those properties stay?
MR. CENTER-I believe most of them. We've re-located the driveway on 10 Berry Drive and I believe we
missed the tree that's further to the east. I don't know,we don't have a 20 foot driveway at 4 Berry Drive,
but I think we can try to work around any existing trees.
MR. TRAVER-Any other questions, comments for the applicant on the first of the two applications,
Number Four?
MR. DEEB-Well that sliver of land won't be a problem that the guy owns?
MR. CENTER-We have 40 foot road frontage there, and it will be explained to the future owners. And
that spot is a treed buffer predominantly. Most of it already has trees on it. So that's good screening. It
doesn't need to be touched. The original driveway was right in here, right where the single tree is now
we've moved further up in this area closer to the property.
MR. TRAVER-Do we have a draft resolution? This is for Number Four.
RESOLUTION APPROVING SP#56-2024 CERRONE BUILDERS
Applicant proposes construction of a new 2,565 sq ft footprint home with associated site work.The project
includes onsite septic and well and the site will need to be graded to accommodate the home.This grading
is part of a similar project on the adjoining lot.This lot is located on the corner of Bay Road and Berry Drive
with driveway access located on Berry Drive. Previous subdivision approval included planting
requirements along Bay Road, Waivers are being requested for lighting, signage, landscaping, traffic,
construction disposal,and snow removal.Pursuant to chapter 179-6-060,site plan for work within 50 feet
of 150/o slopes shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO,the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to the Warren
County Planning Department for its recommendation;
The Planning Board opened a public hearing on the Site plan application on 9/17/2024 and continued the
public hearing to 9/17/2024 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 9/17/2024-1
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 56-2024 CERRONE BUILDERS;Introduced by Frtiz Stefanzick
who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted:items g. site lighting,h. signage,1.landscaping,n traffic,o.commercial
alterations/ construction details, p floor plans, 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 expiration date of 9/17/2025;
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,
20
(Queensbury Planning Board 09/17/2024)
b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater
Department for its review,approval,permitting and inspection;
c) If curb cuts are being added or changed a driveway permit is required. A building permit will not
be issued until the approved driveway permit has been provided to the Planning Office;
d) If application was referred to engineering then Engineering sign-off required prior to signature of
Zoning Administrator of the approved plans;
e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor
plans and elevation for the existing rooms and proposed rooms in the building and site
improvements;
f) If required,the applicant must submit a copy of the following to the Town:
a. The project NOI (Notice of Intent) for coverage under the current 'NYSDEC SPDES
General Permit from Construction Activity"prior to the start of any site work.
b. The project NOT(Notice of Termination)upon completion of the project;
c. The applicant must maintain on their project site,for review by staff:
i. The approved final plans that have been stamped by the Town Zoning
Administrator. These plans must include the project SWPPP (Storm Water
Pollution Prevention Plan)when such a plan was prepared and approved;
ii. The project NOI and proof of coverage under the current NYSDEC SPDES General
Permit,or an individual SPDES permit issued for the project if required.
g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building and
Codes personnel;
h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or
the beginning of any site work;
i) Subsequent issuance of further permits, including building permits is dependent on compliance
with this and all other conditions of this resolution;
j) As-built plans to certify that the site plan is developed according to the approved plans to be
provided prior to issuance of the certificate of occupancy.
k) This resolution is to be placed in its entirety on the final plans.
1) Four additional trees (to be planted)as part of the original subdivision approval plan.
Motion seconded by David Deeb. Duly adopted this 17`h day of September 2024 by the following vote:
MRS. MOORE-Before you call the vote,so I would think that you would add a Condition L about planting
the trees along Bay Road. You said five trees?
MR. CENTER-Yes,some of them are planted. I believe we only need to do four more,but I was going to
work that out with Bruce Frank in the field in regards to the number,because there's already some trees
that have grown up there,because this has been almost 20 years now there's been some tree growth that
has occurred naturally. So there is a smaller area that actually needs to be buffered. So if we could agree
on four additional trees,if we have additional growth there.
MR. STEFANZIK-That's additional trees beyond.
MR. CENTER-The existing.
MR. STEFANZIK-The subdivision approval?
MR. CENTER-No.
MRS. MOORE-It's to be compliant with the subdivision approval.
MR. STEFANZIK-So that's basically the statement you want to add,to be compliant with the subdivision
approval.
MRS. MOORE-Of four additional trees.
MR. STEFANZIK-Adding Item L to the resolution to include four additional trees as part of the original
subdivision approval plan.
AYES: Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Traver
NOES: NONE
MR. TRAVER-All right. So next we consider the other lot. This is Number 10 Berry Drive.
SITE PLAN NO 57-2024 SEQR TYPE: TYPE II. CERRONE BUILDERS AGENT(S): HUTCHINS
ENGINEERING. OWNER(S): REVIVAL DESIGNER HOMES, LLC. ZONING: MDR.
LOCATION: 10 BERRY DRIVE. APPLICANT PROPOSES CONSTRUCTION OF ANEW 1,974
21
(Queensbury Planning Board 09/17/2024)
SQ. FT. FOOTPRINT HOME WITH ASSOCIATED SITE WORK. THE PROJECT INCLUDES
ONSITE SEPTIC AND WELL AND THE SITE WILL NEED TO BE GRADED TO ACCOMMODATE
THE HOME. THIS GRADING IS PART OF A SIMILAR PROJECT ON THE ADJOINING SITE.
THE LOT IS LOCATED ON BERRY DRIVE. WAIVERS ARE BEING REQUESTED FOR
LIGHTING, SIGNAGE, LANDSCAPING, TRAFFIC, CONSTRUCTION DISPOSAL, AND SNOW
REMOVAL. PURSUANT TO CHAPTER 179-6-060, SITE PLAN FOR WORK WITHIN 50 FEET
OF 15%SLOPES SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS
REFERENCE: SUB 13-2005,AV 77-2005. WARREN CO.REFERRAL: SEPTEMBER 2024. SITE
INFORMATION: SLOPES. LOT SIZE: 1.00 ACRE. TAX MAP NO.289.12-1-9.15. SECTION: 179-
6-060.
TOM CENTER,REPRESENTING APPLICANT,PRESENT;GIANNI SIMONE,PRESENT
MR. TRAVER-Questions,comments from members of the Board? We have a draft resolution.
MRS. MOORE-So I am adding the engineering comments and you will need to open a public hearing for
this as well.
MR.TRAVER-Okay. All right. Thank you. So there is a public hearing on this application as well. This
is Site Plan 57-2024. Is there anyone in the audience that wants to address the Planning Board on this
application? I'm not seeing any. Are there written comments,Laura?
PUBLIC HEARING OPENED
MRS. MOORE-So this is the same comment. It just wasn't clear which one to put it in. So this is,again,
a reference to Leonard Lane and surveys, natural live barrier and no trees remaining adjacent to our
property,and this is from Stephanie DiLaurenzio.
MR. TRAVER-Who is not adjacent to this application. All right. Then we will close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-Any other questions,comments from members of the Board on Number 10 Berry Drive?
MR. STEFANZIK-No landscaping questions on this one relative to the subdivision?
MRS. MOORE-To the subdivision,no.
MR. TRAVER-All right. I guess we're ready for that resolution.
RESOLUTION APPROVING SP#57-2024 CERRONE BUILDERS
Applicant proposes construction of a new 1,974 sq It footprint home with associated sitework.The project
includes onsite septic and well and the site will need to be graded to accommodate the home.This grading
is part of a similar project on the adjoining site. The lot is located on Berry Drive. Waivers are being
requested for lighting,signage,landscaping,traffic,construction disposal,and snow removal. Pursuant to
chapter 179-6-060,site plan for workwithin 50 feet of 150/o slopes shall be subject to Planning Board review
and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO,the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to the Warren
County Planning Department for its recommendation;
The Planning Board opened a public hearing on the Site plan application on 9/17/2024 and continued the
public hearing to 9/17/2024 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 9/17/2024
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 57-2024 CERRONE BUILDERS;Introduced by Fritz Stefanzick
who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
22
(Queensbury Planning Board 09/17/2024)
1) Waivers requested granted: g. site lighting, h. signage, 1. landscaping, n traffic, o. commercial
alterations/ construction details, p floor plans, 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 expiration date of 9/17/2025;
3) Adherence to the items outlined in the follow-up letter sent with this resolution.
a) The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be
installed around these areas and field verified by Community Development staff,
b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater
Department for its review,approval,permitting and inspection;
c) If curb cuts are being added or changed a driveway permit is required. A building permit will not
be issued until the approved driveway permit has been provided to the Planning Office;
d) If application was referred to engineering then Engineering sign-off required prior to signature of
Zoning Administrator of the approved plans;
e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor
plans and elevation for the existing rooms and proposed rooms in the building and site
improvements;
f) If required,the applicant must submit a copy of the following to the Town:
a. The project NOI (Notice of Intent) for coverage under the current 'NYSDEC SPDES
General Permit from Construction Activity"prior to the start of any site work.
b. The project NOT(Notice of Termination)upon completion of the project;
c. The applicant must maintain on their project site,for review by staff:
i. The approved final plans that have been stamped by the Town Zoning
Administrator. These plans must include the project SWPPP (Storm Water
Pollution Prevention Plan)when such a plan was prepared and approved;
ii. The project NOI and proof of coverage under the current NYSDEC SPDES General
Permit,or an individual SPDES permit issued for the project if required.
g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building and
Codes personnel;
h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or
the beginning of any site work;
i) Subsequent issuance of further permits, including building permits is dependent on compliance
with this and all other conditions of this resolution;
j) As-built plans to certify that the site plan is developed according to the approved plans to be
provided prior to issuance of the certificate of occupancy.
k) This resolution is to be placed in its entirety on the final plans.
1) To include the drawing that was provided today,showing updated site plan for the location
of driveway for 10 Berry Drive.
Motion seconded by Ellen McDevitt. Duly adopted this 17`h day of September 2024 by the following vote:
MRS. MOORE-So I'm going to add a condition as well. In reference to the site plan that was provided
today. So because of the driveway changing,so,I'm trying to think of a simple way to say that,is per the
drawing that was provided today showing the new location of updated plan for the location of the
driveway for 10 Berry. I know that wasn't simple either.
MR. STEFANZICK-Amendment to resolution adding Item L,to include drawing provided at today's site
plan meeting for location of the driveway.
AYES: Mrs. McDevitt,Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Deeb,Mr. Traver
NOES: NONE
MR. TRAVER-You are all set.
MR. CENTER-Thank you.
MR.TRAVER-And I think before we adjourn,Laura,you have some Staff Notes for us for the next meeting.
So a reminder to the Board that we're having actually an extra meeting just to consider the West Mountain
project. So it's only the one item. There's not going to be any resolutions. There's no public hearing. It's
a very complicated project as you know. We all got that information. These are Staff Notes from the
Staff that we need to consider prior to Thursday night. Although don't be startled when you read the 45
pages because we're not going to tackle it all at once. The point of the meeting on Thursday night is really
just to talk about the density request,right?
MRS. MOORE-Yes.
MR. TRAVER-Which is several times what the Code currently allows for.
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(Queensbury Planning Board 09/17/2024)
MRS. MOORE-Right.
MR. TRAVER-We'll have quite a bit of discussion about that. So there's a lot of information provided by
Staff in here. It's 45 pages long. So look at it if you have the chance,at least look at the density. There's
a special section Staff provided in here addressing the density concern,and we'll begin,we'll have to have
a number of special meetings to process this project. So we're going to do it piecemeal,and Thursday night
we'll talk about the density.
MR. STEFANZIK-So this is just a discussion. No resolutions.
MR. TRAVER-No resolutions. We're not taking any formal action. It's just a discussion with the
applicant.
MR. MAGOWAN-Mr. Chairman,I have a question. Really it's a huge,huge project and undertaking. If
it becomes unsuccessful.
MR. TRAVER-You mean the application unsuccessful or the business unsuccessful.
MR. MAGOWAN-Well let's say the business,you know, and I'm not trying to say. I just,it's a lot. The
climate's changing. I'm just concerned. I think the concept is a phenomenal idea. This is something that
Mike Brandt wanted to do on the backside of the mountain now for so many years.
MR. TRAVER-Right.
MR. MAGOWAN-Is this something that we should think about,if it doesn't? What happens?
MRS. MOORE-So can I interject with this. So this is in reference to changing,you're looking at this
change of zone, and so that's the first step. So the details of if the project doesn't pan out,which is no
different than a subdivision not being fulfilled or the industrial park not being fulfilled, that's the same
process. If it doesn't happen,it doesn't happen So your first step is actually changing the zone from its
Recreational Commercial to this Planned Resort Development. So don't focus on what you don't know.
MR. MAGOWAN-I understand that.
MR. TRAVER-So hypothetically.
MR. MAGOWAN-Well,hypothetically we're not talking a flat land. We're talking a mountainside,you
know,and that's my concern.
MR. TRAVER-I think in your scenario should, for whatever reason, let's say the skiing business doesn't
pan out or something, I think most likely, this is purely hypothetical,but I think with all of the housing
and all of the other amenities proposed in this project,besides skiing,I think what would likely happen is
the facility would be sold to another owner and they might change up. For example they might make it
like an Alpine slide type of thing,more of a summer type thing. I don't know,but one of the things that
this does, as I envision it, and we'll see as it goes on,it's almost certainly not going to be exactly as they
have,we've seen two full presentations on it now,and when it's done,it's not likely to be that. It's going
to be something, some of the things will have changed,but in any case,but one of the things that they're
doing is right now it's just skiing,and one of the things they're doing with this is they're making skiing just
one part of a much larger recreational facility. So I think if they were to fail because of poor management
or whatever reason,I think someone else would come in and take it over,buy it,perhaps, and they would
just address the issue that failed,which might be, as you say,you know, suddenly now it's summer year
round and we don't have anymore snow or something,somebody would make it a summer resort and have
some other summer activity.
MR. MAGOWAN-Well I think Apex has in mind of making it a year round destination.
MR. TRAVER-Yes,exactly.
MR. MAGOWAN-I just hope so. It was just something that popped up in my mind,you know,thinking
about it.
MR. TRAVER-Yes,well and I'm sure that any investors are having that same question. Because there's
obviously a lot of money in it.
MR. STEFANZIK-But at the end of the day,Laura,I think to your point,we're going to have a number of
these discussions,at the end of the day,this is all to provide a recommendation to the Town Board.
MRS. MOORE-Correct.
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(Queensbury Planning Board 09/17/2024)
MR. TRAVER-The Town Board is Lead Agency,which means they're doing the SEQR review.
MRS. MOORE-Yes.
MR. TRAVER-Yes. Does anyone have any other formal business in front of the Board this evening? I'll
entertain a motion to adjourn.
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF SEPTEMBER
17",2024,Introduced by Brad Magowan who moved for its adoption,seconded by Fritz Stefanzick:
Duly adopted this 17`h day of September,2024,by the following vote:
AYES: Mr. Deeb,Mrs. McDevitt,Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Stefanzick,Mr. Traver
NOES: NONE
MR. TRAVER-We stand adjourned. Thank you,everybody.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Stephen Traver,Chairman
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