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06-17-2014 (Queensbury Planning Board meeting 06/17/2014) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING JUNE 17,2014 INDEX Special Use Permit No. 3-2012 Robert Perkins 1. Tax Map No. 308.16-2-4.1 Site Plan No. 32-2014 Wayne Mattison 3. ZBA RECOMMENDATION Tax Map No. 303.19-1-40, 41 Site Plan No. 37-2014 Lisa&Ken Lambert 8. ZBA RECOMMENDATION Tax Map No. 309.18-1-25, 26 Site Plan No. 38-2014 Stephen O'Leary 10. ZBA RECOMMENDATION Tax Map No. 239.12-2-87 Site Plan No.40-2014 Paul Deslauriers 12. FWW No. 3-2014 Tax Map No. 297.10-1-45 ZBA RECOMMENDATION Site Plan No.43-2014 Michael Ringer 15. ZBA RECOMMENDATION Tax Map No. 309.14-1-11, 14 Site Plan No. 39-2014 Robert Stoya 21 Tax Map No. 308.16-2-2.2 Site Plan No.41-2014 Sascha Mehalick 24. Tax Map No. 303.16-1-30, 31 Site Plan No.42-2014 David Kenny 29. Tax Map No. 288.12-1-19, 20, 24 (portion) THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 0 (Queensbury Planning Board meeting 06/17/2014) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING JUNE 17,2014 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN STEPHEN TRAVER PAUL SCHONEWOLF DAVID DEEB THOMAS FORD JAMIE WHITE,ALTERNATE MEMBERS ABSENT BRAD MAGOWAN LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. HUNSINGER-I'll call to order the Queensbury Planning Board meeting of June 17, 2014. Members of the audience, thank you for being here. On the back table is a copy of the agenda if you want to follow along. There's a handout for public hearing procedures. Later in the agenda we do have items that have public hearings scheduled. The first item is approval of minutes from April 15th and 22nd, 2014. Would anyone like to make a motion? APPROVAL OF MINUTES April 15, 2014 April 22, 2014 MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES OF APRIL 15TH &APRIL 22ND, 2014, Introduced by Paul Schonewolf who moved for its adoption, seconded by Thomas Ford: Duly adopted this 17th day of June, 2014, by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr.Traver, Mr. Hunsinger NOES: NONE ABSTAINED: Ms.White ABSENT: Mr. Magowan MR. HUNSINGER-We do have an Administrative Item this evening. ADMINISTRATIVE ITEM: SUP 3-2012 ROBERT PERKINS: REQUEST FORA PERMANENT SPECIAL USE PERMIT MARK REHM, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-If you want to introduce it, Laura? MRS. MOORE-On June of 2013 the Planning Board approved the application with the term of validity be for one year as a renewable with a narrative supplied by the applicant. The narrative is project activities that occurred in the year and any issues that develop that have been brought up the Code Compliance Officer. Under Staff comments, I note that I did discuss this with the Code Compliance Officer and that the site is compliant and the applicant is now asking for a permanent Special Use Permit. MR. HUNSINGER-Is there anyone here from the applicant? 1 (Queensbury Planning Board meeting 06/17/2014) MRS.MOORE-Yes. MR. REHM-Yes. Mark Rehm, I represent the applicant. I just appeared to see if there were any questions from the Board for the applicant. MR. HUNSINGER-Sure. Okay. Any questions,comments from the Board? MR. TRAVER-Well, it appears that the site has been compliant with our conditions. So it seems fairly straightforward to me. MR. FORD-I concur. MR. HUNSINGER-Okay. We do have a draft resolution,if anyone would like to move that. RESOLUTION APPROVING PERMANENT SUP FOR SUP# 3-2012 ROBERT PERKINS A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes modification to an approved site plan to include additional paving along the warehouse approaches to rear of site as well as new pavement associated with front overhead doors. Further, accommodation to include tree clearing and hard-surfacing for the storage of up to 51 trailers located to the south and east on the parcel. Finally, the placement of an additional transformer and bollards proposed to the east. Changes to an approved site plan require Planning Board review and approval. On 6-25-2013 the Planning Board approved the application with the condition: "that the term of validity will be one year renewable with narrative supplied by the applicant, submitted to the Town Planning Board for a permanent approval in the future. The narrative is project activities that have occurred in the years, any issues that have developed that have been brought up by the Code Compliance Officer,the applicant or anyone else." Mark Rehm, Esq.submitted a narrative dated 5-8-2014 requesting a permanent special use permit. MOTION TO APPROVE PERMANENT SPECIAL USE PERMIT NO. 3-2012 ROBERT PERKINS, Introduced by Paul Schonewolf who moved for its adoption,seconded by Thomas Ford: As per resolution prepared by Staff. 1) Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; 2) Term of validity: Permanent 3) 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. 4) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 5) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. Duly adopted this 17th day of June, 2014,by the following vote: MR. HUNSINGER-And this is to approve the draft resolution prepared by Staff. AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Ms.White, Mr.Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MRS.MOORE-Just a note. It maybe useful to reaffirm SEQR as well, as part of that motion. 2 (Queensbury Planning Board meeting 06/17/2014) MR. HUNSINGER-Yes,and that's not on the draft resolution. MRS.MOORE-It's not on the draft resolution. MR. HUNSINGER-Usually it is. Well,we already moved the motion. I guess we would really need a second motion,then,to reaffirm the SEQR review that was made on the project. RESOLUTION REAFFIRMING SEQR FOR SUP# 3-2012 ROBERT PERKINS MOTION TO REAFFIRM THE SEQR FOR SPECIAL USE PERMIT NO. 3-2012 ROBERT PERKINS, Introduced by Paul Schonewolf who moved for its adoption,seconded by Thomas Ford: Duly adopted this 17th day of June, 2014,by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Ms.White, Mr.Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-Not exactly the right order,but good luck. MR. REHM-Thank you. MR. HUNSINGER-We have a number of items this evening for Recommendations to the Zoning Board of Appeals. The first one is Site Plan 32-2014 for Wayne Mattison. PLANNING BOARD RECOMMENDATIONS TO THE ZONING BOARD OF APPEALS: SITE PLAN NO. 32-2014 SEQR TYPE II WAYNE MATTISON AGENT(S) MICHAEL J. O'CONNOR, ESQ. OWNER(S) MICHAEL LARSON; SHARON WELLS ZONING CLI LOCATION LWR. WARREN ST.; GREEN AVE. APPLICANT PROPOSES CONSTRUCTION OF A ONE STORY AUTO USE FACILITY FOR REPAIR AND SALES OF AUTOMOBILES. AUTOMOBILE SERVICES IS AN ALLOWABLE USE IN THE CLI ZONE;AUTOMOBILE SALES IS NOT. SITE PLAN: PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE AUTOMOBILE SERVICE IN A CLI ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. USE VARIANCE: RELIEF REQUESTED FROM ALLOWED USES IN A CLI ZONE -AUTOMOBILE SALES. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE UV 33-14 WARREN CO. REFERRAL MAY 2014-NO COUNTY IMPACT LOT SIZE 0.11, 0.36 ACRES TAX MAP NO. 303.19-1-40,41 SECTION 179-3-040 MICHAEL O'CONNOR, REPRESENTING APPLICANT, PRESENT;WAYNE MATTISON, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-I'll highlight the area where it says Nature of Variance, under my Staff Notes. The proposed auto sale use is not a permitted use and subject to the use variance criteria.The applicant proposes a use of auto sales that is non-compliant commercial industrial use where the zone does allow for other auto uses through site plan review. Some of the uses that require site plan review include lumberyard, business service, light manufacturing, office, health related facility, retail, self- storage, and other activities such as warehouse and wholesale business. Permitted uses include mobile home in the overlay district and produce stand. The CLI zone does allow for mixed commercial and light industrial uses as well as a transitional area between older industrial uses and new commercial/retail uses. The intent is to ensure light industrial uses are the main focus of this area and non-industrial uses should not predominate but act as infill. Under my Summary, The board is to provide a recommendation to the Zoning Board based on the information submitted requesting to allow auto sales use. MR. HUNSINGER-Okay. Thank you. Good evening. MR. O'CONNOR-Thank you, Mr. Chairman. I'm Michael O'Connor from the law firm of Little & O'Connor. I represent the applicants who are here with me at the table. Basically we're just asking for your recommendation to the Zoning Board so that we can proceed. We need a Use Variance to go forward with this application and then we'll come back to you for site plan review. This is what I call my commonsense application, and I've gone to more probably the Chairman of the Zoning Board through Craig saying this is a small project. We don't want to spend $10,000 on 3 (Queensbury Planning Board meeting 06/17/2014) engineering and then find out that we aren't going to get a variance, and they pretty much have agreed with that. What I've told him and what I will tell you is that we will be fully compliant. We will not ask for any variances other than the Use Variance. It's a very small building that's going to be built on here. It's now down to the size of 30 by 44 to make it compliant with all the setbacks and has two frontages, one is one Warren Street and one is on Green Street. So we have two front yards that we have to maintain. We think that we can put a small business in there. It's a unique distinction in the Code. You can have auto service there, but you can't have auto service and sales. So if you have a small operation where you have I think six to ten cars that you want to sell, that you've repaired or what not,you can't do it on the lot where you've fixed them, but yet in the same zone you can have heavy equipment storage sales and services. If we had a bigger lot, we could put gigantic trucks on there and do the same thing that we're now doing. I don't think there's any idea that, from an environmental point of view,probably the sales portion of an auto service area is cleaner than the service area. So I would think that you would promote that. This is a unique lot. It's a very small lot. It's in the neighborhood of Taylor Welding,which was built some time ago, IBS Sanitary Septic and Sewer Service, and the Brown auto recycling yard, and it's immediately across the street and in the shadow of the Glens Falls Cement Company, or what is now Lehigh Northeast Cement Company. The lot has been vacant for years and years, and there are other lots in there that are vacant. There are a couple of houses in there, but I don't think anybody would think that somebody's going to build a new house on this lot that's going to be on Warren Street, directly across from the Cement Company,next to the septic system,or that type of business. It just is not a practical use, and the land's going to sit vacant, fallow, unless somebody comes along, and these people who own the property, which is not the applicant, have been trying to market it, and seriously market it, from 2002 to date. One record says 2004, the other says 2002, and they have not had anybody come along and say that they would purchase it. So I've got a little bit of an uphill battle with the Zoning Board as to proving the required lack of reasonable rate of return,but I think I can do it. So, environmentally, we're saying we're going to be fully compliant with all your rules and regulations. We're saying that we've got to come to your Board for approval, and we don't think that we're going to have any environmental impact. MR. HUNSINGER-Okay. Thank you. Questions,comments from the Board? MR. DEEB-Are you now a registered New York State dealer? MR. MATTISON-I'm not. MR. DEEB-So you have to apply for your license? MR. MATTISON-Yes. MR. DEEB-And you have to have a spot to do your business at. MR. MATTISON-Yes, correct. Like I said in my application, until I have a building, I'll buy another piece of property. MR. DEEB-Okay. So you're not a registered repair shop either. MR. MATTISON-No. MR. DEEB-Okay, and are you going to be a registered repair shop? MR. MATTISON-Yes. MR. DEEB-Are you going to do outside work for other people,besides your dealership? MR. MATTISON-Yes,small service center and sales. MR. O'CONNOR-Outside work,you mean outdoors? MR. DEEB-No, I'm talking about repairing other cars besides himself. MR. O'CONNOR-Off site. MR. MATTISON-Yes. So it'll be sales. MR. DEEB-But your garage is going to be pretty small,right? 4 (Queensbury Planning Board meeting 06/17/2014) MR. MATTISON-Yes. MR. DEEB-So you're not going to be able to have a lot of cars at one time. MR. MATTISON-No,not at all. It'll be small,just brakes and tires,small items. MR. DEEB-Are you going to have a lift? MR. MATTISON-Yes, I'll have one lift. It'll be a two bay garage with one lift in it. MR. DEEB-Which, I mean, there are a lot of environmental concerns with repair shops today. You know that. So, I mean, you're going to have to make sure, I mean, it's not a cheap undertaking today to do it. MR. MATTISON-I know. MR. DEEB-I'm sure you're aware of that. Okay. So then, once you get, if you get all your approvals, you're going to go ahead and apply for your franchise dealer. MR. MATTISON-Yes,for my dealer and to be a repair shop as well. MR. DEEB-That's not an easy task,either. MR. MATTISON-I know,it's going to be a long process for all of us. MR. DEEB-I've been a non-franchise dealer for 40 years. MR. O'CONNOR-He hasn't found this to be an easy task,either. MR. HUNSINGER-Yes. MR. DEEB-Okay. So you really aren't going to have a lot of cars for repair sitting on your lot at one time,is what I'm asking. MR. MATTISON-No,not at all. I'd really like to focus more on the sales part than the service work. MR. DEEB-And that's not easy, either, but Mr. O'Connor's right, this is a lot cleaner than the repair work. MR. MATTISON-It's a lot cleaner. MR. DEEB-Are you going to do the repair work yourself? MR. MATTISON-Yes. MR. DEEB-God bless you. You're going to be a salesman and. MR. MATTISON-Well,that's what I'd like to do,a lot on sales and not a ton of service. MR. HUNSINGER-Where's the money, Mr. Deeb? MR. DEEB-Let me tell you something,after 40 years,there's not a lot of it. Don't want to discourage you,though. We always look for entrepreneurial ship. MR. MATTISON-I understand. It's a passion of mine,so I'm trying to pursue it. MR. HUNSINGER-Any other comments from the Board? MS.WHITE-Just that, I mean,it does look like an appropriate use for that area. MR. HUNSINGER-Yes, and I think I certainly tend to agree with your comments, your opening statements about, you know, just following along the Staff comments, I certainly see this as a good transitional use between,you know,the heavier industrial zone across the street and the residential zone behind it, and when I was reading the Staff Notes I was kind of surprised that we would allow service but not sales,because sales really is a lesser use than,at least I think. 5 (Queensbury Planning Board meeting 06/17/2014) MR. O'CONNOR-Last night we went over the terms with the Town Board. No Zoning Ordinance is perfect. MR. HUNSINGER-Yes. MR. SCHONEWOLF-No Town Board is perfect. MR. DEEB-The other thing,too, is keep it sightly. It's really a hard job, especially in the automotive industry. I mean, I think the neighbors would have problem with, so it's something you have to be aware of that to keep it neat. MR. MATTISON-Keep it clean and nice. Yes. MR. HUNSINGER-Yes. MR.TRAVER-There's a note in the packet from the Wastewater Department about the project being connected to public sewer. MR. O'CONNOR-And we understand it is not. It was listed as being connected to public sewer. We will put our own private septic in. And we haven't gone to an engineer yet,but I can't imagine it's a very big system for a 1300 or 1400, 1320 square feet. MR. HUNSINGER-Well you've got a service provider right there in the neighborhood that could put it in for you. MR. MATTISON-I stopped there last week for a quote. MR. TRAVER-I guess the other question I have is with regards to process. You indicate that the waiver requests are temporary. You want to get before the ZBA, but then if we're going to be getting additional information for site plan,that's going to have an impact on the scheduling of the. MR. O'CONNOR-You're going to have a full packet for site plan. If we get the variance, you will have a full packet. MR. TRAVER-Right, understood, but the way the application protocol is listed, it would be for our review next week. MR. O'CONNOR-That's not going to happen. MR.TRAVER-Okay. MR. O'CONNOR-I've got to see what Van Dusen and Steves and Hutchins'schedules are. MR.TRAVER-Sure,okay. MR. O'CONNOR-I'm going to push hard to see if they can give me the backup piece so I can file by July 15th. MR.TRAVER-Yes,understood. Well,that's what I thought. I just was questioning the protocol. MR. O'CONNOR-I think that we talked a little bit about whether or not you could put it on a July agenda and give me a date, a definite date that I've got to sign, if you don't do that,that's fine, or I've got to file. MRS.MOORE-Let me provide some comment back. MR. HUNSINGER-Yes. What's the volume look like? MRS. MOORE-Currently our July agenda, it may be possible to place this item on, however, I won't know until after the Zoning Board meeting. MR. HUNSINGER-Right. MRS. MOORE-And determining when I'll need a complete package by, but at your next Thursday's meeting when you go to review some of this information,you'll be able to make that decision either 6 (Queensbury Planning Board meeting 06/17/2014) to table it to an August meeting with a July 15th deadline or whether there's an opportunity to place it on the July agenda. MR. HUNSINGER-Okay. So we have this on the agenda for next week. MRS.MOORE-Yes. MR.TRAVER-Yes. MR. HUNSINGER-Okay. MR.TRAVER-That's what I was asking about,what can we do in a week. MR. HUNSINGER-Yes. Right. MR.TRAVER-Okay. That clarifies that. Thank you. MR. HUNSINGER-That makes sense,yes. MRS.MOORE-Okay. MR. HUNSINGER-Is it possible to get a complete submission by the end of the month? MR. O'CONNOR-I'm going to try. VanDusen and Steves actually has done some of the survey work. There was a question from Staff whether or not we were within a wetland that was on the north side,within the distance to a wetland that was on the north side of Green Avenue, and so we had to, they had to do some survey work, and it turned out I think the setback is 100 feet and we actually are 193 feet. MR. HUNSINGER-Okay. MR. O'CONNOR-I don't know how much work they actually did or didn't do to get that thing done, but we've had five or six different versions of what was going to be built. So we have a pretty good idea of the site disturbance and everything else. You're not talking, again, you're talking a total of .44 acres. MR. HUNSINGER-So this, would you be just proposing a standard steel industrial style kind of building? MR. MATTISON-Yes. MR. HUNSINGER-Would it be block concrete steel? MR. MATTISON-Yes,it's a steel,one of the steel kits. MR. HUNSINGER-Pretty standard,modest. MR. MATTISON-Yes, it'll just be high enough, I need 12 foot ceilings for a lift in there and that's about the height it would be. MR. HUNSINGER-Any other questions or comments? Would anyone like to make a? MR. FORD-I think it's an appropriate, at this stage, it seems appropriate and I'm supportive of it and would look forward to it hopefully coming back to us. MR. MATTISON-Thank you. RESOLUTION RE: ZBA RECOMMENDATION FOR UV# 33-2014 WAYNE MATTISON The applicant has submitted an application for the following: Applicant proposes construction of a one story Auto Use facility for repair and sales of automobiles. Automobile Services is an allowable use in the CLI zone; Automobile Sales is not. Site Plan: Pursuant to Chapter 179-3-040 of the Zoning Ordinance Automobile Service in a CLI zone shall be subject to Planning Board review and approval. Use Variance: Relief requested from allowed uses in a CLI zone - Automobile Sales. Planning Board shall provide a recommendation to the Zoning Board of Appeals. 7 (Queensbury Planning Board meeting 06/17/2014) 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 UV 33-2014 WAYNE MATTISON, Introduced by Stephen Traver who moved for its adoption,seconded by Thomas Ford: The Planning Board, based on a limited review, has not identified any significant adverse impact that cannot be mitigated with the current project proposal. Duly adopted this 17th day of June, 2014,by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Ms.White, Mr.Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. O'CONNOR-Thank you very much. MR. MATTISON-Thank you. MR. HUNSINGER-You're all set. Good luck. Thank you. SITE PLAN NO. 37-2014 SEQR TYPE II LISA & KEN LAMBERT OWNER(S) SAME AS APPLICANT ZONING MDR LOCATION 36 TWIN CHANNELS ROAD APPLICANT PROPOSES TO COMPLETE A 473.76 SQ. FT. SHED CURRENTLY UNDER CONSTRUCTION. SITE PLAN: PURSUANT TO CHAPTER 179-5-020 & 179-6-060 OF THE ZONING ORDINANCE ACCESSORY STRUCTURES AND CONSTRUCTION WITHIN 50 FEET OF 15% SLOPES SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCES: RELIEF FROM SIDE & REAR SETBACK REQUIREMENTS OF THE MDR ZONE. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 45-14; BP 14-149 WARREN CO. REFERRAL JUNE 2014 LOT SIZE 0.10 & 0.14 ACRES TAX MAP NO. 309.18-1-25,26 SECTION 179-3-040, 179-5-020,and 179-6-060 LISA&KEN LAMBERT, PRESENT MRS. MOORE-I'll detail the Nature of the Variance. The proposed garage structure is to be located 3.3 ft. from the north property line and 17.4 ft. from the south side property lines where a 25 ft. setback is required. The structure is to be 22.1 ft. from the rear property line where a 30 ft. setback is required, and again, the applicant proposes a 473.76 sq. ft. building, a portion of it having a six foot high garage door. The garage door actually triggers it to be a garage portion and a shed portion. So they're aware of that. It's just that size,it triggers it because it's that door size. MR. HUNSINGER-Yes. Good evening. MR. LAMBERT-Good evening. MR. HUNSINGER-If you could identify yourselves for the record. MR. LAMBERT-I'm Ken Lambert. MRS. LAMBERT-And I'm Lisa Lamberts. MR. HUNSINGER-Do you want to tell us about your project? MR. LAMBERT-Well, I lived there as a kid and I bought the place from my mother and there was a bank in back that I've been battling pretty much the whole time I've been there. There was a retaining wall there that failed. So I built another one that wouldn't fail. 8 (Queensbury Planning Board meeting 06/17/2014) MR. LAMBERT-And the way the property lines run, there's really no other place to put the building except where it is, and where the 3.3 is behind our neighbor, and there's also dirt that would fall on his side. So he was aware of it and agreed that, yes, it's going to help me out, too, where this is, because the retaining wall needed to be where it is, and so what we did was when we put the shed in, well, garage it's really, he had no other place to put, there's no other place on the building, or on our lot to put a building like that, a shed or anything because they all run at an angle. So we just incorporated it in the support walls of the retaining wall, and,you know,just tapered all the bank as best we could in the back so there would be no more erosion or anything like that. MR. HUNSINGER-So what kind of retaining wall was there before that failed? It was wooden? MR. LAMBERT-It was wood. MR. HUNSINGER-And you put up the concrete one. MR. LAMBERT-Yes. MR. HUNSINGER-And when was that? MR. LAMBERT-Last year. MR. HUNSINGER-And has it stabilized that bank? MR. LAMBERT-Yes. MRS. LAMBERT-Yes,that's not going to move again. MR. HUNSINGER-Was there anything else you wanted to add? Questions, comments from the Board? MR.TRAVER-It seems fairly straightforward and a benefit to the neighbor to boot. MR. HUNSINGER-Yes, I thought so,too. MR. HUNSINGER-No other questions or comments? MR. SCHONEWOLF-No, I think it's fine. MR. HUNSINGER-Okay. Would anyone,then,like to make a recommendation? RESOLUTION RE: ZBA RECOMMENDATION FOR AV#45-2014 LISA&KEN LAMBERT The applicant has submitted an application for the following: Applicant proposes to complete a 473.76 sq. ft. shed currently under construction. Site Plan: Pursuant to Chapter 179-5-020 & 179- 6-060 of the Zoning Ordinance accessory structures and construction within 50 feet of 15% slopes shall be subject to Planning Board review and approval. Variances: Relief from side&rear setback requirements of the MDR zone. 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 AV#45-2014 LISA&KEN LAMBERT, Introduced by Stephen Traver who moved for its adoption,seconded by David Deeb: The Planning Board, based on a limited review, has not identified any significant adverse impact that cannot be mitigated with the current project proposal. Duly adopted this 17th day of June, 2014,by the following vote: 9 (Queensbury Planning Board meeting 06/17/2014) AYES: Mr.Traver, Ms.White, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-You're all set. Good luck. MR. LAMBERT-Thank you very much. MR. HUNSINGER-You're welcome. That was one of those you just had to go see. SITE PLAN NO. 38-2014 SEQR TYPE II STEPHEN O'LEARY AGENT(S) CARL SCHRODER, P.E. OWNER(S) SAME AS APPLICANT ZONING WR LOCATION 77 BRAYTON LANE APPLICANT PROPOSES CONSTRUCTION OF A 768 SQ. FT. RESIDENTIAL ADDITION. SITE PLAN: PURSUANT TO CHAPTER 179-13-010 & 179-6-060 OF THE ZONING ORDINANCE SITE PLAN REVIEW SHALL BE REQUIRED FOR ANY ENLARGEMENT OF A LAWFUL NON-CONFORMING STRUCTURE IN A CRITICAL ENVIRONMENTAL AREA &ACTIVITIES WITHIN 50 FEET OF 15% SLOPES. VARIANCES: RELIEF REQUESTED FROM THE MINIMUM SHORELINE & SIDELINE SETBACK REQUIREMENTS OF THE WR ZONE; ADDITIONALLY RELIEF FROM EXPANSION OF A NON-CONFORMING STRUCTURE IN A CEA. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. AV 47-14, BP 14-031, BOH 9-14 (5-5-14) WARREN CO. REFERRAL JUNE 2014 APA, CEA, OTHER L G PARK CEA LOT SIZE 0.32 ACRES TAX MAP NO. 239.12-2-87 SECTION 179-3-040, 179-13-040,and 179-6-060 CARL SCHODER, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. The Nature of the Variance, the renovations to the structure are expansion of a non-conforming structure relief is requested as well as setbacks where a 50 ft. setback from the shore is required and 27 ft. is proposed,the side property line east is 3.7 ft.where 12 ft. is required and the side property line on the west is 8.8 ft.where 12 ft.is required as well. MR. HUNSINGER-Okay. Thank you. Good evening. MR. SCHODER-Good evening. I'm Carl Schoder, Schoder River Associates, representing the owner. Would you like me to describe the project a little bit more in depth? MR. HUNSINGER-I would,please. MR. SCHODER-All right. Basically what this project is, or the history of it, the current owner, Mr. O'Leary and his wife Miss. Iarocci, have purchased this piece of property about a year ago. It's a very small lot, probably a third of an acre. It's on Assembly Point. It lays on the very end of Brayton Lane. If you take that road all the way through,this would be the last property where the land is discontinued. The existing house is a very small single story structure. It is a camp, I think might be a good description for it at this juncture. It is a seasonal residence at this point, and basically when they bought it, it has some docks. It has some boat slips and I think that was a very major draw for them to be able to be on the lake, but as they purchased the property, they realized they would have to do some renovations and upgrades to make this house basically a little bit less dated than it was before. They also discovered that they had a deficient septic system. Hence the engineer gets involved with the$10,000 attendant fee. They hired us to try and solve that problem, and as we were moving along, and as they anticipated doing the renovation to the house, they also of course discovered that they needed an area variance because they have an existing nonconforming structure. The proposed project, basically, let's take it from the structure point of view first. The proposed project does not anticipate increasing the footprint of this building at all. What is anticipated is converting what is currently an enclosed porch into part of a great room on the first floor, the only floor, really, at this point, and constructing a loft area to provide a little bit better sleeping arrangement than what there is currently. The septic system, as I noted a moment ago, needed to be replaced. When we got involved in that,we discovered very quickly that the one third acre of property that these folks bought was primarily bedrock, very shallow or exposed bedrock throughout. There was indeed one area that, with some variances from the Town of Queensbury Board of Health, could be utilized for a septic system, if we utilized a system that was a bit high tech or higher tech than a conventional stone and trench or bed system. We applied for a variance from the Board of Health for the construction of basically what is an aerated type of a 10 (Queensbury Planning Board meeting 06/17/2014) system, aerated sand filter system, and were granted that variance I believe in May. I don't have it in front of me at the moment,but recently. MR. SCHONEWOLF-May Stn. MR. SCHODER-May 5th. Thank you very much. The next step in the process, of course, now that we have that technical solution as far as the wastewater in place, is to apply to you folks for recommendation to the Zoning Board of Appeals to be able to obtain variances for three issues. First modifications of a nonconforming structure, secondly the work to be done on the structure which is deficient in side line setbacks on both the north and south side. Now those setbacks, again, we're not changing the outside footprint of the building, nothing here has changed, and thirdly, setback variance from the lake. That, again, will not change. That is going to remain the same as it is currently. I anticipate that after, hopefully, we are successful with obtaining a variance we would come back to you folks with a, for site plan review, and I think we've got sufficient information submitted in the package to be able to have you consider the project. That in a nutshell. MR. HUNSINGER-Thank you. MR. SCHONEWOLF-If that's not the smallest site on Assembly Point,it's darn close to it. MR. SCHODER-Well,yes, I would tend to agree. MR. SCHONEWOLF-And it has the best view of Assembly Point. MR. SCHODER-It has a wonderful view. Very protected spot. MR. HUNSINGER-Yes. MR. SCHONEWOLF-And having a septic system there is worth everything, instead of the one that's there. So I hope you carry it through. MR. SCHODER-I would agree with you. I think it's a pretty significant improvement from an environmental point of view. There is property that's there and there's a building that's there. It's going to be used,but putting a good septic system in that's a very efficient system. MR. SCHONEWOLF-Gradually people up there are trying to clean up all their septic systems. I just saw another one going in today. MR. SCHODER-I think the neighbors are also,have also expressed that point of view. MR. DEEB-It's a good situation. MR. HUNSINGER-Other questions,comments from the Board? MR. FORD-Just a comment. When we can improve a lake setting like that, that counts for a great deal in my book,and this is an improvement. MR. SCHODER-Thank you. MR. HUNSINGER-Anything else? RESOLUTION RE: ZBA RECOMMENDATION FOR A V#47-2014 STEPHEN O'LEARY The applicant has submitted an application for the following: Applicant proposes to renovate an existing home building footprint of 980 sq. ft.with an addition of loft area of 384 sq. ft. The project includes the conversion of the porch area (8 x 24) towards the shore to a great room area. Site Plan: Pursuant to Chapter 179-13-010 & 179-6-060 of the Zoning Ordinance Site Plan review shall be required for any enlargement of a lawful non-conforming structure in a Critical Environmental Area & activities within 50 feet of 15% slopes. Variances: Relief requested from the minimum shoreline & sideline setback requirements of the WR zone; additionally relief from expansion of a non-conforming structure in a CEA. Planning Board shall provide a recommendation to the Zoning Board of Appeals. 11 (Queensbury Planning Board meeting 06/17/2014) 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 AV 47-2014 STEPHEN O'LEARY, Introduced by Stephen Traver who moved for its adoption,seconded by David Deeb: The Planning Board, based on a limited review, has not identified any significant adverse impact that cannot be mitigated with the current project proposal. Duly adopted this 17th day of June, 2014,by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Ms.White, Mr.Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-You're all set. Good luck. MR. SCHODER-Thank you very much. We'll see you next week. MR. HUNSINGER-You're welcome. SITE PLAN NO. 40-2014 FRESHWATER WETLANDS 3-2014 SEQR TYPE II PAUL DESLAURIERS OWNER(S) SAME AS APPLICANT ZONING MDR LOCATION WINCOMA DRIVE APPLICANT PROPOSES CONSTRUCTION OF A 2,475 SQ. FT. SINGLE FAMILY DWELLING. SITE PLAN: PURSUANT TO CHAPTER 179-6-050 OF THE ZONING ORDINANCE FILLING AND HARD SURFACING WITHIN 50 FEET OF A SHORELINE (WETLAND) SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. APPLICANT HAS OBTAINED A.C.O.E. PERMIT AUTHORIZATION FOR DISTURBANCE WITHIN 100 FEET OF A REGULATED WETLAND. VARIANCES: RELIEF REQUESTED FROM THE SHORELINE SETBACK & HEIGHT REQUIREMENTS OF THE MDR ZONE. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 46-14, SEPTIC VARIANCE PENDING, SB 5-65, SECT. 3/4 WARREN CO. REFERRAL JUNE 2014 APA, CEA,OTHER DEC&NWI WETLANDS LOT SIZE 1.15 ACRES TAX MAP NO. 297.10-1-45 PAUL&LINDA DESLAURIERS, PRESENT MRS. MOORE-This application, the Nature of the Variance is the proposed home is to be located within the wetland where a 75 shoreline setback is required and an Army Corp permit has been issued allowing the disturbance. The home is to be 40.7 ft. in height this includes a walk-out basement where 40 ft. is the maximum building height allowed. The Board should be aware that the Town Board did table the septic variance and our process this evening a recommendation so that can move forward to the Zoning Board of Appeals. MR. HUNSINGER-Okay. Thank you. Good evening. MR. DESLAURIERS-Good evening. Essentially my wife and I, Linda, bought the property in 2005 with the intention of building a house on it. In 2013 we hired Doug Adams of Saratoga Engineering and Design to design,well,he drew the plans for the house we designed, and once we had that done we hired Tom Hutchins of Hutchins Engineering to design the septic system, placement of the house, where the water's going to go, and where the well is going to go. We went with the DEC. They delineated the line on the back, or on the east side of our property. When that was done,we went to the U.S.Army Corps of Engineers. They delineated a finger of the wetlands that comes up into the property. We asked for a permit to allow us to fill a certain portion of that which would allow us to place the house and give us space to put landfill to backfill a foundation. We are here now to answer any questions you've got for me. MR. HUNSINGER-What was the reason for the Town Board to table the? 12 (Queensbury Planning Board meeting 06/17/2014) MR. SCHONEWOLF-That was going to be my question. MRS. MOORE-They requested additional information and that the application for the septic variance,the details behind that be sent to the Town Engineer. MR. HUNSINGER-Okay. So basically information requests signoff from the engineer and the item be okay. Okay. MRS.MOORE-That's correct. MR. FORD-Where are you in that process? MR. DESLAURIERS-Well,it happened last night. MRS.MOORE-It just occurred last evening. MR. FORD-Okay. MR. DESLAURIERS-We're still kind of spinning. MR. HUNSINGER-I mean,that is a tough site. There's a pretty good slope going into the property. MR. DESLAURIERS-Yes. We hope that, actually we've got to put a lot of fill in there, but in putting that fill, it will leave a lot of area for the water to go down through the fill before it actually gets to the wetlands. It'll be filled with some six or seven feet of fill, which isn't there right now. It just goes right straight down in. MR. HUNSINGER-Right. Other questions,comments from the Board? MR.TRAVER-A question for Staff, I guess. It's listed as a Type II SEQR. Is that possible in a CEA? MRS.MOORE-Yes. MR.TRAVER-Yes? MRS. MOORE-Single Family house is a Type II. You can't change it to Unlisted just because it's in a CEA. It doesn't do that. A Single Family house is a Type II. It stays Type II. MR. HUNSINGER-Wow. MR.TRAVER-Thank you. That's all I had. MR. HUNSINGER-That's interesting. MR.TRAVER-Yes. I guess if there was more than,what, 15,000 square feet of disturbance. MRS.MOORE-Still a Single Family house. MR.TRAVER-Okay. MR. HUNSINGER-It is a nice site,though. MR. DESLAURIERS-It is. We have been looking at that site for the last nine years,waiting for other things to happen so that we can build on it, and last year we made the decision, and then we met with Doug and eventually we met with Tom, and he's done a lot of work on putting where we can put, we're restricted by where the well is or where the septic system is for our neighbor to the north, and the property lines as far as how far we can get, how close we can get to the road, which doesn't allow us to have space to put the septic system up there, so we had to put it off to the right, off to the south side. It is a good system. I asked to have it designed by the Presby system. It's a, I think is a good up to date method of handling sewage. I've had a fair amount to do with that in the last 60 years. MR. SCHONEWOLF-So you decided to put the best one in your place, right? MR. DESLAURIERS-Yes,actually. 13 (Queensbury Planning Board meeting 06/17/2014) MR. SCHONEWOLF-Good move. MR. DESLAURIERS-I've been, I taught industrial arts and house design as well as engineering for 30 years and building trades and such, and when we designed this house, we designed it with the idea it's going to be engineered properly so that we have as little heat loss as possible. The septic system I have always been, since I've been on the repair end of a lot of septic systems, I didn't want to repair my own, so we went with a good system, and should it ever have to be replaced, it can be replaced right on site, just by pulling out the material around the pipes, replacing that material, replacing the pipes right in the same place. It does not require a secondary site,which is one of the things that I liked about it. MR. HUNSINGER-Wow,interesting. Any other questions,comments or concerns? MS.WHITE-It's a beautiful house. MR. DESLAURIERS-Thank you. It's a conglomeration of three houses that we've lived in. MR. FORD-Did you construct each of the others? MR. DESLAURIERS-I reconstructed each of. MR. FORD-I kind of figured that. MR. DESLAURIERS-I am through with updating and tearing apart and cleaning up. This is the first house that I built in 40 years that is new construction. MRS. DESLAURIERS-I learned everything I ever wanted to know about renovation when we lived on Ridge Street. It's like ripping out and tearing. MR. FORD-Has it done anything to expand your vocabulary,those years of doing that? MRS. DESLAURIERS-Yes. You don't want to know that. MR. HUNSINGER-I was going to say,do you mean in a good way or a bad way? MR. DESLAURIERS-A good way. She now is beginning to be able to visualize what I design and what I see. MRS. DESLAURIERS-And I own some of my own tools. MR. SCHONEWOLF-That's dangerous. MRS. DESLAURIERS-It could be,yes. MR. DESLAURIERS-No,not with her. MR. HUNSINGER-Any other questions or comments? If not, anyone want to make a recommendation? RESOLUTION RE: ZBA RECOMMENDATION FOR AV#40-2014 PAUL DESLAURIERS The applicant has submitted an application for the following: Applicant proposes construction of a 2,475 sq. ft. single family dwelling. Site Plan: Pursuant to Chapter 179-6-050 of the Zoning Ordinance filling and hard-surfacing within 50 feet of a shoreline (wetland) shall be subject to Planning Board review and approval. Applicant has obtained A.C.O.E. permit authorization for disturbance of a portion of the wetland. FWW: Per Chapter 94 of the Zoning Ordinance FWW review required for disturbance within 100 feet of a regulated wetland. Variances: Relief requested from the shoreline setback&height requirements of the MDR zone. 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; 14 (Queensbury Planning Board meeting 06/17/2014) 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 AV 46-2014 PAUL DESLAURIERS, Introduced by Stephen Traver who moved for its adoption,seconded by Thomas Ford: The Planning Board, based on a limited review, has not identified any significant adverse impact that cannot be mitigated with the current project proposal. Duly adopted this 17th day of June, 2014,by the following vote: AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr.Traver, Ms.White, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-You're all set. Good luck. MR. DESLAURIERS-Thank you very much. MRS. DESLAURIERS-Thank you very much. MR. HUNSINGER-Thank you. SITE PLAN NO. 43-2014 SEQR TYPE II MICHAEL RINGER AGENT(S) NACE ENGINEERING OWNER(S) SAME AS APPLICANT ZONING MS LOCATION 104 MAIN STREET, 1 LINDA AVE. APPLICANT PROPOSES TO MODIFY AN EXISTING APPROVED SITE PLAN WITH CURRENT AS- BUILT CONDITIONS THAT WERE NOT PART OF THE APPROVED PLAN. SITE PLAN: PURSUANT TO CHAPTER 179-9-120 OF THE ZONING ORDINANCE ALTERATION TO SITE WITH APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF REQUESTED FROM PERMEABILITY REQUIREMENTS OF THE MS ZONE. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. AV 44-14, SP 22-10, BP 10-048, SP 10-01 WARREN CO. REFERRAL JUNE 2014 LOT SIZE 0.32 &0.14 +/-ACRES TAX MAP NO. 309.14-1-11, 14 SECTION 179-9- 120 TOM CENTER, REPRESENTING APPLICANT, PRESENT; MICHAEL RINGER, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Under the Nature of the Variance,the project requires relief from permeability where 10% is required and 5.2% is proposed, and under my Summary, the Board is to provide a recommendation to the Zoning Board based on the information submitted requesting relief from the permeability. The board may consider encouraging additional landscaping or green infrastructure approach to the stormwater measures and to improve the permeability. This may include reducing the access to Linda Ave with a defined curb-cut area. MR. HUNSINGER-Okay. Good evening. MR. CENTER-Good evening. Tom Center with Nace Engineering representing Mr. Ringer who's here this evening also with me. I will let Mr. Ringer kind of explain how this project went through the process. Previous application that was before you I believe was before the Main Street corridor was completed at that time. He has more information in regards to that. As far as the plan in front of you, what we have done is provided stormwater management for that rear parking area, the impervious surface graded to a low spot and into two drywells. As far as the engineer's request to do an infiltration test, when we install the deep drywells, if this project does go forward, that's not an issue at all. We can do that and coordinate that with your office. I will leave the explanation of how the project developed to where it is today to Mr. Ringer. He can fill you in on that. MR. RINGER-Can I say help? I mean, this short story has turned into a novel. Back when I was making this from a pool store to a doctor's office, okay,it was sort of, it was funny actually because I actually went to Dave Hatin, Craig Brown, Mike Palmer and everybody and I said, and they were all laughing,he's going to ask us what to do first for once? I did, and they told me what I needed to go process. Craig Brown said I did not need site plan, okay, and Mike Palmer said this is what you 15 (Queensbury Planning Board meeting 06/17/2014) need. So when I drew my lease, okay, I incorporated everything that I needed. Well, one nice day I'm on my backhoe plowing snow at the place and I get a call from Craig Brown. He says I made a mistake. I said excuse me? He said we don't know if you can have a doctor there. Now about$30, $40,000 already changed hands. I was in the middle of the project. I was pretty outward when I went up to his office, and we went through and there was a gentleman here, Keith, and, you know, it's like, all right, we made a mistake, let's deal with it, because I remember I got all my stuff ready because I have done site plans for other properties that I've had, and I got in front of here and nobody knew what was going on. I was sort of humiliated, and when I explained it, so I actually said so what have I got to do,get Matt Steves here and shut my mouth? I was more or less told yes, $8,000 later. Well, the Board wanted to give me just a temporary, okay, site plan until Main Street corridor was done, okay. Keith said, no, let's get it done. Well, I turned out to be a very good victim of this whole project, me and Mr. Stec,who I don't care, I call him the boot. He won't talk to me anymore when he was in the office. They took, what happened is I rented to the people that did the buyout at Warren County, at my door company on another piece of property. They came in with like $120,000 buyout with me into my office one day because I rented them an office for a year and a half while they were doing the buyouts, and at the time I did not own the trailer out in back, or the piece of property. They were going to have one way in, and that was it, and they cut down the parking in the front, and it's nice, said you can't do it. So they re-engineered it, okay. They came back with, I believe it was a $7,000 offer, but they give me two curb cuts and supposedly the parking in the building. Okay. But then they gave me additional money to cut the tree down out in back, which I got in trouble for, but they gave me the money to cut it down. It's in the buyout, and to make room for parking. Well what happened,the whole project didn't go accordingly. Then one day they're going to set this switch gear in my driveway,and that became a very big issue. I got involved with Stec. He didn't want nothing to do with it. They turned it over, his girl in the office was very great. So they turned it over to Elias the engineer, but if you look in the front piece of my property off to Merrill Shoe Repair, there's switch gear there that was never supposed to be but nobody, the engineer never got switched back around to take, because when they had just one way in there, I mean, this is pretty good because I told them we're going to be on Channel 6 News because I unloaded my excavator and I go, you put that in the middle of my driveway, I'm going to dig it out, and so Elias was very good. We got switch gear over here, but in the meantime, everybody wanted perennials in the front,well they paved to the front,you know what I mean, and it turned out to be such a farce with me that in the back, where the trailer was, the grade was high and they took all my parking in the front which I was supposed to be left some, but, look, are we buying, I owned the piece of property,was it the big deal. It came to the point, I tore the trailer out of there. I'll cut the tree down. I had to,you know, it was a mess back there trying to park. I just had to do it. Nothing that they said would work. The parking that we needed on the side didn't work. Just nothing worked with what they did. So I went ahead, okay, and I was getting $500 a month for the trailer. It's not a lot of money, but it helps pay property taxes. So I just cleaned everything up, cleaned the trailer, cut the grade down, and just made parking. I need it. It just needed to be done. The plan didn't work from the beginning. Well, then as time goes, me and my wife are getting a divorce. So I'm consolidating properties, and it was this winter, and the lawyers were getting ready to sign the papers so I can get her her money,some of it,and they sent a letter to the Town that says I don't comply. There's no way I could comply because I think the original way was the right way to give me a temporary site plan, than try to come to a plan afterwards, because nobody knew the impact of the construction. So now I'm another $10,000 in the hole where I had to pay my lawyer more money because she thought I was lying to her. Sothis is good,so I just kind of,this is where I stand with this project. I just,you know,so they've got a nice parking lot out back there now,the tree's gone. Like I said, I got paid by the County to take that tree down. You know what I mean, Adirondack Tree Surgeons gave me the quote back in when they were doing the buyout. So it isn't like I maliciously was doing anything wrong. As far as green stuff and this and that, I don't know. After this winter when I was done plowing snow, I had a mountain out back there,you know what I mean, but in turn it made it a real nice place because in that doctor's office, I've got to admit, that he's got some people in pain management that, whoo, sometimes, I don't know, I don't think they know where they're at sometimes with the pills they take, and they have some very unique parking. I had to put signs up against the side of the building because they wouldn't do what I said and they were blocking parking. So that's why I got the no parking signs on the side of the buildings,just to try to get everybody out in the back and the handicap up in front. I do not have a one way sign. I do need to do that,but I've been trying. That's it. MR. HUNSINGER-Questions,comments from the Board? MR.TRAVER-I'm not sure I followed a whole lot of that. MR. HUNSINGER-Yes. 16 (Queensbury Planning Board meeting 06/17/2014) MR. CENTER-If you can go to the first, the drawing that you had up there first. If you look in that upper left hand corner of the parcel,that's where the switch gear is, and that has made it difficult to allow for that parking along what would be the west side of the building. I believe that's what Mr. Ringer is discussing, that the layout that they worked out with the two curb cuts and the buyout, if you will, with the company that was doing the Main Street project. When they did the two curb cuts,they came in with a design of the one way in, one way out, and the parking with the parcel. So that, when they actually put the switch gear in, that necked down that western portion of the entrance causing him to have to have the parking in the rear portion of the lot, along with just not working as far as getting vehicles in and out with the doctor's office, individuals trying to parallel park or get into any of those slots alongside the building. It's very tight,very narrow and needing to park in the rear of the building. We do have well drained sands. We have a grade that we can work with to re-grade. In regard to the permeability issues,we're requesting to be able to go to the Zoning Board and we'd be back to the Planning Board to discuss any further issues in regards to what we can do for landscaping or any other improvements. At this time, knowing how it is for snow removal, it's going to be very difficult to put green space anyway. It's a very narrow lot, a very small lot, and any snow that's going to be up there it would be moved from one spot to another. You're going to destroy most of the green space you try to put in there. We've talked about possibly, up in front where it was paved,through the Main Street project,you know,we have talked and discussed,you know, street trees or planters, something that would be able to survive in that type of environment. I mean, you're in the front. You're in the full sun. Again, you have a very narrow strip between the sidewalk and the road. Very difficult to do anything up in the front area there. MR. HUNSINGER-So that blacktop between the building and the sidewalk, that was paved during the construction of the Main Street project? MR. CENTER-That's my understanding. MR. RINGER-Yes. MR. HUNSINGER-Wow. That's kind of hard to believe because that really runs contrary to the whole Main Street plan. MR.TRAVER-Yes, I'll say. MR. SCHONEWOLF-The switch gear is on? MR. CENTER-Yes,the switch gear,if you look at this drawing,you can see the switch gear right here. So you've got this switch gear right up in here,which,you know,you have bollards all the way down alongside of it,which makes that a very narrow entrance. MR. SCHONEWOLF-Is that,has that got a transformer in there,too,or I that just switch gear? MR. CENTER-Transformer/switch gear,it's both. MR. SCHONEWOLF-It's both. Okay. MR. RINGER-May I say something, that from what I gathered, that they said that it was unheard of that that switch gear being located in position. MR. FORD-Sir,who's they? MR. RINGER-Elias,the engineer. MR. CENTER-Would be National Grid, I mean,that kind of folds into the whole underground utilities versus above ground utilities. I mean, there is every other parcel going all the way down Main Street you have one of these transformers with bollards and they're, you know, they take up a fair amount of space. MR. HUNSINGER-Yes,they do. MR. CENTER-And they stick way, quite a bit above grade, not hidden. Most of them are paved all the way around them. MR. HUNSINGER-I mean, the question I have, you talk about parking, I mean, granted I was only there once, so it's not like I was there a number of times over different hours of the day or anything, 17 (Queensbury Planning Board meeting 06/17/2014) I believe there were eight cars there,when I was there today,and they were all parked basically in a U shape on the outside of your property line. There wasn't a single car parked out back. So my question is,why do you need all this parking out back when there wasn't a single car there? MR. RINGER-Well, can I say something? Monday,Wednesday and Friday is when he sees patients. Go there on Monday and Wednesday. MR. HUNSINGER-Okay. MS.WHITE-But there was,there's nothing in the back to even indicate parking There's no signage. There's no, I guess I was just curious because I must have been there at a similar time. I was there this afternoon, and there was nobody parked there, but there was also nothing to say this is where you should park,no indicators. MR. RINGER-Well, can I say something, this is all unfolded, and I will go under any recommendation. You've got to take in hand with the problem, you know what I mean, and the way the role played out with me. I did what I had to,you know what I mean, because it was very frustrating to try to, I mean, because the way they were, the grade where the trailer sat was a good foot and a half higher than it where it was in the beginning, a good foot. So, you know, and it just sloped up because you couldn't take it down because of where the tree was. Okay. So it was very unique,okay. MR. SCHONEWOLF-What's that got to do with the parking signs? MR. RINGER-Well, look, I own Adirondack Overhead Doors. I'm not, you know, I don't know a whole lot about parking signs. MR. SCHONEWOLF-Well, somebody could put parking signs there if they're needed. They weren't needed today. MR. RINGER-That's something that I didn't even think of. They all just park out in back and park and use it, and like I said the switch gear wasn't even supposed to be there in the beginning, and this is where all your electrical lines connect underneath, and what happened is that when they re- engineered the drawing, to give me another curb cut, they never connected with the electrical engineer, and then the guy from the Town of Queensbury that bought out for the phone company, there was supposed to be nothing there. It was supposed to be over to the neighbors, and if you look,they've got their little box there,too. MR. SCHONEWOLF-They usually do. MR. RINGER-So there's nothing on my part that's been maliciously done. I've had to do what I've been dealt with. MR. TRAVER-So I guess we're hearing that there will be some effort made to address some kind of landscaping in the front,maybe? MR. RINGER-Yes, well, you know what I did down on my property down on Western Avenue, I've got these, I own the old Curtis Lumber here, so we got some wine barrels and put plants and stuff in there, and they lasted up until two weeks ago a woman hit them and she actually called up and said she hit it. Because what happens is they all park there from Little Caesars. Little Caesars they park, you know, whatever, but anyway. I was just thinking maybe some of those planters or something because they paved, you know, right up in front. So, as a matter of fact, my place was the only one they had a broken sewer line that they had to dig up. So it is what it is. I just need a little help with this. MR.TRAVER-And then you'd be willing to do something to designate some parking in the rear? MR. CENTER-Is your plan to pave the rear parking lot at some point in time? MR. RINGER-You know, I'm going to tell you what, in the next three or four years, I will have, I'm going to do the two sides now. I'm going to. MR. FORD-Pave them? MR. CENTER-With the intent of the potential that he's going to pave that rear parking area, we can, once we go through the Zoning Board, before we come back for Site Plan Review for a final review, 18 (Queensbury Planning Board meeting 06/17/2014) if we get that far, we can provide a layout for parking, for striped parking in that back area. That would answer your question, and show a layout. It's difficult to show a parking layout on crushed stone and say that it's going to be followed because,you know,it just becomes more of a problem. MR.TRAVER-And you can show the planters in front as well? MR. CENTER-Yes. MR. RINGER-But I just can't,financially can't afford it. MR. HUNSINGER-How about, though, some, is there any way to get some green space and maybe just,you know,one egress onto Linda Avenue? Because right now that's just wide open,right? MR. RINGER-Yes, but like I said, we're dealing with humans, okay, it's like it's bad enough like the kids were out there sliding this year. I couldn't tell them no. I had one of the tenants tell them they couldn't do it because what are you going to do,you know? MR. CENTER-With the information that you've given us, what we can do is we'll go before the Zoning Board and between now and that point I'll speak with the client and we'll see, with the parking layout, what we can do for the curb cut issues in the rear of the lot, for Linda Avenue, and try to layout something where we can try to find an area that we can show some separation for entrance. The one thing,it may be,too,where you have something in the middle,between the road and the property line, back in that area, depending on the how parking lays out. It may be an in and an out or something in that. MR. HUNSINGER-That would be fine. MS.WHITE-That makes sense,yes. MR. FORD-Some sort of signage would help. MR. CENTER-With a green space in the middle,that would separate the two. MR. HUNSINGER-I mean, you've got a nice looking building. You've got an easy site to work with, you know. You just need a little bit of green space, and cut down the curb cut on Linda Avenue. MR. CENTER-Okay. We'll lay something out and I'll take it back to the client and we'll,you know, if we do get that far to come back to the site plan with a final, we'll make sure that we try to address those issues. MR. HUNSINGER-Yes. I mean, it's really too bad the front didn't get built as proposed with the landscaping and sidewalk stuff. MR. RINGER-I had no control over that. I mean, that's the Town. I imagine you guys have had more complaints over this at this point. I mean, it was pretty, I don't think the left hand ever really talked to the right hand, you know, between the Town and the County and a lot of things. The project went very well. I thought that it was very speedy. They were very nice to me, the engineers and contractor was very good. I got a little ornery when they were, I see the spray paint in my driveway. If you go down in front of Dunkin Donuts,they've got one, and I said to Elias,what are you putting there,and he said,like Dunkin Donuts. I said no you're not. MR. CENTER-Originally there was a layout that the gentleman doing the buyout, when they were going to lay this out, only have one curb cut for this parcel, for parking in the rear, and from the explanations and talking to Mr. Ringer,that may be where some of the,the engineer that laid out all the transformers had the plan that had a single entrance, and that was before he owned the parcel that had the trailer on it. So they had one curb cut and they had parking, they had vehicle traffic coming in and out of the same location, coming around in and out the same location. So when they went and located the switch gear,they did not know that it had changed to one way in, one way out two curb cuts, and then that precipitated the move to the west of that existing transformer. So it does sound like there was some miscommunications in there. MR. HUNSINGER-Yes, I mean, I think the two curb cuts on Main Street work fine. MR. CENTER-Yes,it's a short,very small site. Very tight. 19 (Queensbury Planning Board meeting 06/17/2014) MR. RINGER-It cost me $100,000, because they offered me $117,000, but I made them do the curb cut and I didn't own the trailer, but when I bought the trailer, I said, can we talk. He said, no, we already had an engineer, I got$17,000. I just need your help,that's all. MR. HUNSINGER-Any other questions, comments from the Board? Would anyone like to make a recommendation to the Zoning Board? I mean, we talked a little bit about green space. It's probably not possible to get it within the compliance,though. MR. CENTER-No. MR. HUNSINGER-You're still going to need the variance. MR. CENTER-Even,we'd still be out of compliance because of the size of the lot. MR. HUNSINGER-Yes,okay. MR. CENTER-The requirement is 10%. It would be very difficult, you know, because you're only going to get a very small area in the rear. If,you know, even if you made it two curb cuts in the rear and tried to get a small green space, some of that green space is actually going to be in the right of way between the road and the property line. MR. HUNSINGER-Good point. MR. CENTER-So technically it's not on the lot because when we start to layout some parking back there, it's going to eat up quite a bit of space to try to layout parking and get some kind of traffic rotation through there. MR. HUNSINGER-Right. Do you have cars cutting through now? MR. RINGER-Not really. It's been maintainable. MR. HUNSINGER-Yes,because I mean the side street is just as easy to use because it's so close by. MR. SCHONEWOLF-Do they park on the side street? MR. CENTER-I think that's pretty narrow, Linda Avenue is pretty. MR. RINGER-No, Linda is,there's really no parking out there. MR. HUNSINGER-How wide the right of way is. MR. CENTER-Yes,the right of way is pretty extensive back there. MR. HUNSINGER-Yes. MR. CENTER-In the back side. That's the trouble with the green space,trying to get green space on the lot. MR. RINGER-If you see my neighbor that owns most of the corner on the other side, actually, well, there's a trailer right there. Until that trailer was there,he let me park over on his piece. MR. FORD-When we talk about green space, it's relative. So maybe we ought to be referring to it as greener space. MR. CENTER-Duly noted. MR. HUNSINGER-Would anyone like to put forward a recommendation? RESOLUTION RE: ZBA RECOMMENDATION FOR A V#44-2014 MICHAEL RINGER The applicant has submitted an application for the following: Applicant proposes to modify an existing approved site plan with current as-built conditions that were not part of the approved plan. Site Plan: Pursuant to Chapter 179-9-120 of the Zoning Ordinance alteration to site with approved site plan shall be subject to Planning Board review and approval. Variance: Relief requested from permeability requirements of the MS zone. Planning Board shall provide a recommendation to the Zoning Board of Appeals. 20 (Queensbury Planning Board meeting 06/17/2014) 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 AV 44-2014 MICHAEL RINGER, Introduced by Stephen Traver who moved for its adoption,seconded by Paul Schonewolf: The Planning Board, based on a limited review, and with the applicant's offer to add some designated parking and some landscaping to the project proposal, we feel that there are no significant adverse impacts that cannot be mitigated. Duly adopted this 17th day of June, 2014,by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Ms.White, Mr.Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-Good luck. MR. CENTER-Thank you. MR. RINGER-Thank you very much. MR. HUNSINGER-You're welcome. We have three items under New Business. NEW BUSINESS: SITE PLAN NO. 39-2014 SEQR TYPE II ROBERT STOYA AGENT(S) WINCHIP ENGINEERING OWNER(S) SAME AS APPLICANT ZONING CLI LOCATION 27 CAREY ROAD APPLICANT PROPOSES CONSTRUCTION OF A 3,840 SQ. FT. OPEN SIDED FRONT AND THREE SIDED COVERED TRUCK GARAGE AND ASSOCIATED SITE WORK. PURSUANT TO CHAPTER 179-9- 120 OF THE ZONING ORDINANCE ALTERATION TO SITE WITH APPROVED SITE PLAN AND ASSOCIATED SITE WORK SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 52-06; BP 07-046 WARREN CO. REFERRAL JUNE 2014 LOT SIZE 1.71 ACRES TAX MAP NO. 308.16-2-2.2 SECTION 179-9-120 ZACHARY MONROE, REPRESENTING APPLICANT, PRESENT; ROBERT STOYA, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. The applicant proposes to construct a 3,840 sq. ft. garage structure to store vehicles and equipment associated with the Signworks business. The building elevations indicate the elevation to be 17 ft. 11 in to the eave at the front with slope to the rear of the building to 15 ft. 10 in. The narrative for the stormwater details the expansion of one of the grass retention areas. The roof area will allow runoff to sheet flow from the roof and driveway area to those retention areas. The Board may consider the applicant's waiver requests during the review of the application. MR. HUNSINGER-Okay. Good evening. MR. MONROE-Hello. Zachary Monroe from Winchip Engineering,and I'm joined with Robert Stoya the owner. The project, Bob is proposing to build a garage to house his trucks for his sign business. Basically he's sick of shoveling snow off of them in the winter. So the proposal is to build an open,essentially open on one side,kind of like a pole barn structure,mono pitch roof to the back. The location that it's going on the site is the access to the garage would be right over where one of the existing retention areas is on the property that deals with stormwater for the existing structure and parking. So we're proposing to re-grade that area and provide additional retention all around behind the building to collect runoff from the building and the drive,to deal with all that additional stormwater runoff,and that's it. Questions? 21 (Queensbury Planning Board meeting 06/17/2014) MR. HUNSINGER-Questions,comments from the Board? MR.TRAVER-It seems fairly straightforward. MR. FORD-With a winter like we just had,is there any concern about the pitch of the roof? MR. STOYA-The building that I'm in now,it holds,it would be the same exact building. I mean, I can see the steel building,the pitches on them are so low,but we felt safe in there. MR. SCHONEWOLF-It's a flat roof. Right? MR.TRAVER-It does have a pitch. MS.WHITE-A slight pitch. MR. FORD-It is pitched,but not much. MR. MONROE-Yes, I mean, the buildings are, you know, they're engineered package, steel building that he buys. So I assume it's properly engineered for the site. MR. DEEB-And you didn't have any problems last year. Right? MR. STOYA-No,the building's been good. MR. DEEB-Okay. Same building. MR. STOYA-I don't know. I think this one I have to get from a different steel company unless I can find Jim Minnick around still. I think he moved out. MR. HUNSINGER-The only question I had was when I went to the site today I saw some materials that were stored kind of off in the woods almost. Are those going to be put into the new building as well? Is that part of the,like some steel girders and looked like signposts. MR. STOYA-I could put them in there. I don't know if it would be a good idea to. I just want to keep the vehicles in there because they're in the parking lot now. MR. HUNSINGER-Right. MR. STOYA-And after this winter, all these vehicles are crane and bucket trucks. They have ladders and if they fill up with ice and stuff, it's a four or five hour job just shoveling all this off. This is where it becomes a problem. It's not as simple as just brushing a car off. So that's mostly what this is for. The steel pipes and things I have in there, I think some of those are from Glens Falls street lights. I could take them down, but we don't store any of that stuff inside. It's just to keep vehicles covered because especially this past winter was very,very tough on them with the ice and stuff. So that's about it. MR. HUNSINGER-Any other questions or comments? We do have a public hearing scheduled this evening. Is there anyone in the audience that wants to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-No takers. Any written comments? MRS.MOORE-There's no written comments. MR. HUNSINGER-Okay. I will open the public hearing and will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-Let the record show no comments were received. This is a Type II SEQR. So no SEQR review is necessary, and with that discussion on a resolution. There were a number of waivers requested. Are there any comments or discussion about any of the waivers requested? Is there any concern with the existing lighting? MRS.MOORE-No,they're wall packs now,if I'm correct. They're wall packs now. 22 (Queensbury Planning Board meeting 06/17/2014) MR. HUNSINGER-Okay. MR.TRAVER-Yes. MR. HUNSINGER-Okay. Well, if there's no concerns with any of the waiver requests,would anyone like to make a motion? RESOLUTION APPROVING SP# 39-2014 ROBERT STOYA A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes construction of a 3,840 sq. ft. open sided front and three sided covered truck garage and associated site work. Pursuant to Chapter 179-9-120 of the Zoning Ordinance alteration to site with approved site plan and associated site work shall be subject to Planning Board review and approval. SEQR Type II; A public hearing was advertised and held on 6-17-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO. 39-2014 ROBERT STOYA, Introduced by Stephen Traver who moved for its adoption,seconded by Thomas Ford: According to the draft resolution prepared by Staff. 1) Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; 2) Waiver requests granted: g.lighting-no new lighting proposed,h. signage-no new signage proposed, i. utility -no new utility services, m. districts -surrounding area is commercial light industrial, o. alterations/construction -no changes and r material disposal -any materials will be transported off site to an approved facility.; 3) 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, 4) Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; 5) 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. 6) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 7) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution 8) 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. Duly adopted this 17th day of June, 2014,by the following vote: AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr.Traver, Ms.White, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. M0NROE-Thank you very much. 23 (Queensbury Planning Board meeting 06/17/2014) MR. HUNSINGER-Good luck. You're all set. MR. M0NROE-Thank you. MR. HUNSINGER-Thank you. SITE PLAN NO. 41-2014 SEQR TYPE II SASCHA MEHALICK OWNER(S) SASCHA MEHALICK,WILLIAM &CHRISTY BENNETT ZONING CM LOCATION 467 DIX AVENUE,473 DIX AVENUE APPLICANT PROPOSES TO UTILIZE AN EXISTING 396 SQ. FT. BARN STRUCTURE FOR AUTO SERVICE; SHARED PARKING WITH NEIGHBORING AUTO SALES OPERATION AS WELL AS COMMERCIAL FENCE ON NEIGHBORING PROPERTY. PURSUANT TO CHAPTER 179- 3-040 & 179-5-070 OF THE ZONING ORDINANCE AUTOMOTIVE SALES AND SERVICE AND FENCING IN A CM ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE NONE FOUND WARREN CO. REFERRAL JUNE 2014 LOT SIZE 1.29 ACRES&1.29 ACRES TAX MAP NO. 303.16-1-30, 31 SECTION 179-3-040, 179-5-070 SASCHA MEHALICK, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant proposes to allow a tenant to utilize an existing barn structure to have an auto service use. The tenant will be operating services such as auto starters and similar services. The applicant also has requested approval for shared parking for the adjoining parcel auto sales and service operation. The existing house on the main project site is not to be used at this time,and under Summary, The Board may consider the request for waivers from, I have K, N and Q, and the Board may discuss the lighting as some of the lights are currently noncompliant, specifically the spotlights. MR. HUNSINGER-Okay. Good evening. If you could tell us about your project. MR. MEHALICK-I have two properties next to each other. That's why it's one shared parking lot, and there's a barn, used to be a barn but it's all, you know, been re-done, and we just want to be able to use the barn for like, you know, I've got a kid that wants to do like auto starters and car alarms and stereos and things like that. The parking lot would be shared between both properties. The other side currently has a car dealership and a service garage, and, you know, sometimes the cars kind of go back and forth. For the last eight or nine months we've been having to keep everything off the gravel as much as I can, and I've coned it all off to try to keep people off it until we get this approved. MR. HUNSINGER-Okay. Anything else? MR. MEHALICK-That's it. MR. HUNSINGER-Questions,comments from the Board? MR. TRAVER-You saw the comment on the lighting, I think. Are you prepared to make the lighting compliant? MR. MEHALICK-I can make whatever lighting changes need to be done. I don't know what it compliant and what's not,but I can make whatever changes need to be done. MR.TRAVER-Well,the spotlights particularly, I mean,they need to be downcast and Staff can assist you with. MR. MEHALICK-Which ones are those? Because I know the garage has two like commercial lights that shine down. I think those should be okay. They've been there forever. Spotlights. I know there's two spotlights on the sign facing back away from the road. Are those the ones you're talking about? MR.TRAVER-I believe so. MR. MEHALICK-And then the barn itself has a spotlight on it. I think it's just pointing down,but. MR.TRAVER-Okay. MRS.MOORE-That spotlight may need to have some shield around it. 24 (Queensbury Planning Board meeting 06/17/2014) MR. MEHALICK-So the one on the barn? MRS.MOORE-I believe it's the one on the barn. MR. MEHALICK-Okay. I can even take it down and put a commercial light, like the shop has. You know what I'm talking about,it's the big ones that shine down to the ground. MR.TRAVER-Yes. MR. MEHALICK-They're not that expensive. MR.TRAVER-Okay. That's all I had. MR. FORD-Is it Code compliant,that's the main thing. MR. DEEB-Are you going to be a repair shop,are you going to be a registered repair shop? MR. MEHALICK-I don't think he's required to. MR. DEEB-No,you're not going to get one either,though. You don't want one,right? MR. MEHALICK-I mean, I would like to be able to have the option to. I mean,it's zoned for it. MR. DEEB-Yes,but you're not doing it at this time? MR. MEHALICK-Not right now. No. MR. DEEB-I was just wondering if you were going to do it. MR. MEHALICK-Because I think the type of service he's doing does not fall under repair shops. MR. DEEB-No. Who's next to you,is that Auto Brokers next to you? Who's next to you? MR. MEHALICK-Auto Brokers rents it from me, and he's kind of subletting. I don't know what's going on over there,but it is Auto Brokers,as far as I know. MR. DEEB-You never do with Terry. MR. MEHALICK-No comment. MR. DEEB-So you're glad to get back in the business? MR. MEHALICK-I'm just the landlord. So I'm not in the business. MR. HUNSINGER-Any other questions,comments,concerns? MR. FORD-No. MR. MEHALICK-There was something on here about fencing,too. I mean,that wasn't talked about. I just want to add,there's already existing fencing behind the shop now,and I just want to be able to extend it back a little bit and close it in with a gate. You can't see it from the road anyway. It's just behind the shop. MR. HUNSINGER-It's on the plan,you mean? MS.WHITE-Yes. MR. SCHONEWOLF-It's on the plan. MR. HUNSINGER-So the fencing that would be added to would be similar? MR. MEHALICK-It's the same. It's just stockade fencing. MR. HUNSINGER-Okay. 25 (Queensbury Planning Board meeting 06/17/2014) MR. MEHALICK-And, you know, it just kind of goes back now and I want to go maybe two or three panels more and then close it in from the back and put a gate. MR. HUNSINGER-Okay. Anything else? We do have a public hearing scheduled on this project. Is there anyone in the audience who wants to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-Any written comments? MRS. MOORE-I do have written comment, and I do have pictures for the Board to view from one of the neighbors. MR. HUNSINGER-Okay. MRS. MOORE-This is dated received on June 17th. This is, "Regretfully we will be unable to attend the public comment meeting scheduled for Tuesday, June 17, 2014, because of prior commitments. We would appreciate it, however, if our comments could be read into the public record. We have no opposition to Mr. Mehalick's desire to have the Planning Board approve this proposal. But, we would like to express a few concerns. We own the adjacent property to the west of Mr. Mehalick's property. Keeping our land well maintained is a priority for us. It has been our experience with Mr. Mehalick's employees that they encroach on our property by mowing way over on our side in the summer, and plowing snow mixed with driveway stones on our property in the winter. We have asked that this practice cease and that the stones from the winter be cleaned up, but this has not happened. We feel that the solution to these issues would be for Mr. Mehalick to construct a fence on the boundary line between the properties. This would prevent any future intrusion upon our property. Thank you for your consideration. Dean F. Romer Pamela S. Romer" And there's a CD enclosed,included. MR. SCHONEWOLF-What's the name, Dean? MRS.MOORE-Yes, Dean Romer and Pamela Romer. MR. SCHONEWOLF-There's trees on half the property, and the snow storage is in the middle, between the middle and the trees. MR. MEHALICK-I'm pretty sure if a fence went up, it would just get knocked down by the snow. I mean, unfortunately there's no place to put snow sometimes. You just push it and it goes,we go to our property line, and I understand some gravel gets on his lawn and we do our best to clean it up, you know, it's just part of the nature of the beast,you know, I mean, not much I can really do about it. MR. SCHONEWOLF-Where does it get on his property? You can't plow through the trees. Right? MR. MEHALICK-No, I pretty much plow as far as I can,you know, I don't go plowing onto his lawn, you know, I mean. MRS. MOORE-So here's the barn that is currently used, and then this is where the Romer's property line is. MR. SCHONEWOLF-On the front of the property,okay. MR. MEHALICK-Yes,right in front of the barn,basically. MR. HUNSINGER-Well, according to your map you've got 12 feet between the edge of the barn and their property. MR. MEHALICK-I honestly don't even know exactly where the property line is. I mean, he mows and then I mow and we just,you know, I've been there the last two days. It looks nice. It's all been cleaned up and mowed and stuff. I mean, I own another business that I just closed and I'm going to have a lot more time to spend over there doing yard work that I didn't have time before, but I do plan on it. MR. HUNSINGER-I mean, looking at that, certainly the taller grass to the right,there's not 12 feet of taller grass. There's about three or four feet of taller grass. 26 (Queensbury Planning Board meeting 06/17/2014) MR. MEHALICK-So you're saying that my property line's bigger than I thought? MR. HUNSINGER-Well,if this map is correct. MR. FORD-To the left side of the trees,it would appear. MR. MEHALICK-Probably,yes,so he's mowing my lawn. MS.WHITE-So he's mowing on your space. MR. MEHALICK-I'm easy to get along with. He's not so easy to get along with. MR. HUNSINGER-I'm not trying to escalate this argument. MRS. MOORE-Yes, but not necessarily. My understanding is that we're, and I can't, on another picture I can show it, but apparently there's the telephone pole that has a stake into it, and this is where he takes that, Mr. Romer, if you drew the line down, that's why he's mowing on this side of the property because of where the actual. MR. MEHALICK-I mean, I can understand his complaint about the gravel. I think putting a fence up is not a good idea. MR. SCHONEWOLF-Put a bagger on your lawnmower. MR. MEHALICK-I'll go and rake all the gravel off. He and I have had some problems in the past. If I step on his lawn he runs right over and starts yelling at me. So we've had some issues in the past. So it doesn't surprise me that he would make a complaint, or that's not really a complaint,but I will definitely take care of the gravel. MS.WHITE-It sounds like you're willing to work on. MR. MEHALICK-Yes,absolutely. MR. HUNSINGER-Can you blow that one up, Laura,that view? Does that give us abetter idea of the property line? MR. SCHONEWOLF-You see all those trees there? MR. HUNSINGER-Well,that's out back. MR. MEHALICK-Yes, that's out back. He's talking about when I'm plowing in the winter. I'm plowing a gravel parking lot, and some of the gravel ends up in the snow,and it ends up on the lawn in the spring, and I honestly haven't been very good about cleaning up in the past, but I definitely will. MR. FORD-Find out where the line is,work with that. MR. HUNSINGER-Okay. Is that the only written comment? MRS.MOORE-That was the only written comment. MR. HUNSINGER-Okay. Then I will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-Any other questions or comments from the Board? MR. DEEB-You'll work with him,then, Sascha? MR. MEHALICK-Absolutely. I'm going out of town for the next couple of days, but Monday I'll be there all next week doing yard work. I'll go rake up the gravel. MR. DEEB-He is your neighbor. All right. 27 (Queensbury Planning Board meeting 06/17/2014) MR. HUNSINGER-Any other questions or concerns? This is a Type II SEQR. So no SEQR review is required, and would anyone like to make a motion? I think the only condition would be that the lighting be made compliant. MR.TRAVER-Right. MR. MEHALICK-Now are we talking just the one on the barn? MS.WHITE-Just work with Staff to determine which lights need to be replaced. MR.TRAVER-The lights just need to be made compliant with the current. MS.WHITE-So just work with Laura. MR. HUNSINGER-There's just the one light there now,right? MRS.MOORE-I believe it's the one light that's on the barn that's considered not compliant. MR. HUNSINGER-Yes. MR. MEHALICK-Okay. MRS.MOORE-So if you could make that specific that it be compliant. MR. HUNSINGER-The light on the barn? MRS.MOORE-Correct. MR. HUNSINGER-Okay. Would anyone like to make that motion? RESOLUTION APPROVING SP#41-2014 SASCHA MEHALICK A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes to utilize an existing 396 sq. ft. barn structure for auto service; shared parking with neighboring auto sales operation as well as commercial fence on neighboring property. Pursuant to Chapter 179-3-040 & 179-5-070 of the Zoning Ordinance Automotive Sales and Service and fencing in a CM zone shall be subject to Planning Board review and approval. SEQR Type II; A public hearing was advertised and held on 6-17-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO. 41-2014 SASCHA MEHALICK, Introduced by Stephen Traver who moved for its adoption,seconded by Thomas Ford: According to the draft resolution prepared by Staff. 1) Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code. 2) Waiver requests granted: two ft. contours K,traffic flow N, Soil Logs Q and waste R. and include stormwater mgmt.J,and landscaping L. 3) We're adding a condition that any lighting on the property be made Code compliant. We're specifically concerned with the spotlight on the barn. 4) 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. 5) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 28 (Queensbury Planning Board meeting 06/17/2014) 6) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. Duly adopted this 17th day of June, 2014,by the following vote: AYES: Mr. Schonewolf, Mr. Deeb, Mr. Ford, Mr.Traver, Ms.White, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-Good luck. You're all set. MR. MEHALICK-Thank you. MR. HUNSINGER-Thank you. SITE PLAN NO. 42-2014 SEQR TYPE TYPE UNLISTED DAVID KENNY AGENT(S) NACE ENGINEERING OWNER(S) DAVID KENNY,JOHN MC CORMACK ZONING CI LOCATION 1468 STATE ROUTE 9 APPLICANT PROPOSES A SECOND MODIFICATION TO AN APPROVED SITE PLAN - MODIFICATIONS INCLUDE CHANGING THE THREE SMALL BUILDING SHAPES, SLIGHT REDUCTION IN SQUARE FOOTAGE AND PARKING ALTERATIONS FOR SOME SPACES TO BE LOCATED FROM FRONT TO REAR. PURSUANT TO CHAPTER 179-9-120 OF THE ZONING ORDINANCE ALTERATION TO SITE WITH AN APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 58-13, SP 13-11, SP 40- 94, SUP 60-04, SP 25-05, SP 18-99, SV 5-90 WARREN CO. REFERRAL JUNE 2014 LOT SIZE 3.49 & 7.90, 43.13 +/-ACRES TAX MAP NO. 288.12-1-19, 20, 24 (PORTION) SECTION 179-9- 120 TOM MACE, REPRESENTING APPLICANT, PRESENT, DAVID KENNY, SR.&JR., PRESENT MR. HUNSINGER-Is there anyone here for Mr. Kenny,are they out in the lobby? MRS.MOORE-I think he's out in the lobby. MR. HUNSINGER-Laura? MRS. MOORE-The applicant has completed a site plan application for the proposed construction of 61,395 sq. ft. of building space with an arrangement of Pod 1-3 connected retail spaces and three separate retail space buildings with an interior courtyard. The site work involves creating a predominately rear parking area with a drive access road directing traffic to the rear of the buildings with some parking in the front. The Board may reaffirm the previous environmental assessment as part of the site plan review. MR. HUNSINGER-Okay. Thank you. Good evening. Whenever you're ready. MR. MACE-Okay. For the record, Tom Nace, Nace Engineering. Dave Kenny and Dave Kenny are with me tonight. What we're asking for is a modification of a modification that was approved back in September, and in front of you here is the modification that was approved back then. What we've done now, as you notice, the three buildings on the southern part of the site are trapezoidal. It was after consultation with the potential tenants it was decided there really needed to be rectangular buildings. So this is what you have in front of you now with rectangular buildings, and one of the things that happened when we rotated the buildings and squared them off, we ended up losing some parking up in here. So when we lost that, we also had to lose some square footage of retail space to make up for that lost parking. So the building in back here became smaller to make up for that. So really the changes we're talking about is changing the buildings to rectangular and changing this parking up front slightly from what was previously approved. There are some minor changes to stormwater. You'll notice the buildings now are surrounded by a sidewalk that's underneath a canopy. That area had been permeable pavers before. So we had to go back and recalculate and make sure that the remaining permeable pavers in the courtyard areas were adequate to take the stormwater and they are. That's it in a nutshell. The plan you have in front of you is this one. We have, subsequent to submission, we've made, or we're recommending one small change, and that is, instead of having the entrance to this parking lot be up here, where it comes into a dead end alley,we've made the entrance to the parking lot so it lines up with the main parking area. We think that'll be better circulation for the site. So we're asking that that be considered part of our requested modification. 29 (Queensbury Planning Board meeting 06/17/2014) MR. HUNSINGER-Questions,comments from the Board? MR. SCHONEWOLF-Have you got any tenants? MR. KENNY, SR.-Presently? MR. SCHONEWOLF-Yes. MR. KENNY, SR.-We're talking to tenants and tenants are talking to us. MR. SCHONEWOLF-You told me that two years ago. MR. KENNY, SR.-And guess what,it's still happening. MR. SCHONEWOLF-Just give me one? MR. KENNY, SR.-Supposedly there's two new tenants that have agreed to come to go next door, only two. There's four or five we're talking to. They're not crazy about the market, some of the bigger, you know,we're going after some big tenants. MR. HUNSINGER-Yes. MR. KENNY, SR.-And they're not that easy to deal with. We had one up last week, they've been putting it off for a year. MR. HUNSINGER-That was the mistake. They need to come in the summertime when it's really busy,when the place is mobbed. MR. KENNY, SR.-The tenants just aren't sure. They like the big centers, 300, 400,000 sq. ft., and the competition is,you know,but it's still very successful,but eventually,there's a lot of activity coming up to look,to re-visit the site. MR. FORD-Isn't it critical to get that first one? MR. KENNY, SR.-Well, we've got a couple. We've got one that, it was 15,000 square feet, big box store that's really interested, but until the ink is signed, until everything else is done, it's always talk. I mean, I think there's two tenants I think everybody knows that's coming in. I think there's two or three tenants moving from the Lake George Plaza across the street. Other than that, that I know of,but,you know,we have brokers working all the time. That's why we only built the 20,000, but this one building up front, we do have two tenants really interested in it, and they'd much rather have it squared off rather than that triangular. MR. SCHONEWOLF-The 12,500? MR. KENNY, SR.-Yes. MR. HUNSINGER-You know we've joked about how many times you've been back with the project, but I think every time you come back,it's improved. So I see that as a good thing. MR. KENNY, SR.-Now we feel it's important to get that front parking lot, get all that landscaping done right now with the building that's there. So even if it's not leased, there's still parking to connect right to the Log Jam. So we're connecting this property and the Clarion and the Adirondack. All that parking will be connected. But we noticed this winter even during construction we had it open and people would just drive through the parking lot. MR. HUNSINGER-Yes. MR. KENNY, SR.-It was ridiculous. So I said we might as well get that parking lot in and get that paving done. What they're working on now is to put new water lines in and get the whole front parking lot. MR. HUNSINGER-Just in terms of your design, those three pods that you've changed, it looks like you changed the distance between the buildings. Can you talk about that a little bit? 30 (Queensbury Planning Board meeting 06/17/2014) MR. KENNY, SR.-Well,we're getting more room now for pavers and for picnics or,you know, people who walk around. What we want to do is have them walk from store to store, and that's what the bigger centers look like. The bigger centers you walk in it has a lot of walking space and the parking. We have parking in front and back, and the interior will be all walking,which is a little bit, five or six feet wider,that interior walkway,which is just the way it worked out. MR. FORD-In the past, both you and the Board have expressed concerns about both pedestrian and vehicular traffic. I'd like to have your views on the current proposal. MR. KENNY, SR.-This one? I think we've left enough room on the front, I know we've left enough room for the extended turning lane from 149 all the way down to the front of all these, and connecting all the parking lots I'm hoping that once the cars are either in the Log Jam center or the Adirondack Outlet mall,they'll never go back out on 9. We're discussing something right now with the Town, hopefully in the future, a service road to eliminate left hand turns totally out of parking lots. If something else happens. Eventually something. MR. SCHONEWOLF-Has got to happen. The original road you had in there would have been nice. MR. KENNY, SR.-We have to leave enough room between the buildings and the road to widen that. MR. SCHONEWOLF-They could one entry and exit for Exit 20, too, instead of two, but they're using up all that room. I mean,you've got to wait in line to get up. MR. KENNY, SR.-That's a State issue. MR. SCHONEWOLF-I know it is. That's why it won't get done. Tom, what's the Town Code for water mains for hydrants? MR. MACE-What's that? MR. SCHONEWOLF-Eight inch? What's the Code for? MR. MACE-For hydrants? MR. SCHONEWOLF-Yes. MR. MACE-Six inch. Six inch is the minimum,yes. MR. SCHONEWOLF-These are eights. These are six? MR. MACE-Yes. MR. SCHONEWOLF-The Fire Marshal said it's okay,though. So it's okay. MR. MACE-It's all sprinklered buildings. MR. SCHONEWOLF-I know. That's what I mean. Any one of them flown,and that's it. MR. MACE-It's a sprinklered building because it's more efficient,takes less volume. MR. SCHONEWOLF-If the fire's inside,that's true,but if it's on the roof like that last one we had over there,good bye. MR. KENNY, SR.-We're putting two fire hydrants. MR. MACE-Yes. MR. SCHONEWOLF-You've got three hydrants. You've got enough. MR. HUNSINGER-Any other questions,comments,concerns from the Board? MR. SCHONEWOLF-No. MR. FORD-I have no more. 31 (Queensbury Planning Board meeting 06/17/2014) MR. DEEB-So you're going to be talking to more tenants, then, pretty soon? Does that mean you'll be back for another modification later? It's a good modification. You've got to do what you've got to do to lease. MR. KENNY, SR.-The problem is that building is designed for two major tenants. The one has since said they're not going to do anything until next year. MR. HUNSINGER-Okay. MR. DEEB-Well,when's it going to be ready? MR. KENNY, SR.-Well, I'm not going to build it until someone says they want it. I do want to get the parking lot out in front and the landscaping out in front. We do have two major tenants that are talking to us about that existing space, but until. I'll tell you, they're looking at us and they're looking at across the street. MR. SCHONEWOLF-You can always put a hotel in there. MR. KENNY, SR.-Where does the traffic come from. MR. HUNSINGER-Right. MR. KENNY, SR.-Tenants think everything comes off the exit. MR. HUNSINGER-Right. MR. KENNY, SR.-Well,you know,we're in competition with each other. The traffic comes from 149. MR. HUNSINGER-Lake George. MR. SCHONEWOLF-You can't get through 149 if it rains. MR. KENNY, SR.-You can't get through 149 and you can't get down 9 from Lake George. That's where the traffic's coming from. The tenants all think they want to be first to the customer, but really across the street, as far as I'm concerned, they're last to the customer. The traffic's coming from the other direction, but that being said, I do think we all have to work together. Both buildings are there. They're going to fill up. They're going to fill up with probably some better tenants. Whether we get them or not, I think eventually what will happen is, all the tenants are afraid about traffic. All the tenants are afraid about what's going to happen. They're all saying, well,let's see what. MR. HUNSINGER-Okay. Understood. MR. KENNY, SR.-People over there,they want to see what develops. MR. HUNSINGER-Yes. MR. KENNY, SR.-And they all play the same game of who's going to go where. What's going to happen, and I'm just a little concerned about the other site being so close to the exit there and the crosswalk. You can't get in and out of there now on a Sunday when traffic backs up. There's an apex in the road there. MR. DEEB-You mean traffic going north? MR. KENNY, SR.-Traffic going north. MR. DEEB-On the Northway. MR. KENNY, SR.-You know,the tenants issues are bus parking,the major issue,which we're going to have the bus parking. The other issue is we're going to have 1,000, we're going to have close to 1500 cars on the east side of the road, all interconnected from the Log Jam to this property, the hotel and the Adirondack Outlet mall. So 1500 cars,once they come to the site,can stay on the site, whereas the other sites are 200 cars, they can't go to another site without going back out into traffic. Two hundred cars,it's not like. MR. SCHONEWOLF-Well,they're going to interconnect the one on the other side of the street,too. 32 (Queensbury Planning Board meeting 06/17/2014) MR. KENNY, SR.-They're not. MR. SCHONEWOLF-The guy said he was when he was here. MR. MACE-The pedestrian. MR. SCHONEWOLF-The pedestrian. MR. HUNSINGER-The pedestrian,yes. MR. SCHONEWOLF-So you can park in either place and walk to the stores. You can't get across the street. MR. HUNSINGER-Right. MR. KENNY, SR.-It's not like a parking lot in an airport. You go to the airport, the first level's full. When there's 250 cars which isn't a lot in that parking lot with shoppers in there, what happens to the 251St car? Pulls in,can't find a spot,can't get out into traffic. MR. SCHONEWOLF-I don't think either one of you have an advantage there. MR. KENNY, SR.-Well,you need,we need 40 cars for our staff alone. One store. MR. SCHONEWOLF-You can park over at George's. MR. FORD-That's why we have Glens Falls Transit. MR. KENNY, SR.-Well, the issue is, you go to a mall, Aviation Mall, and they have 2,000 cars, 2500 car parking lot. It's still five per thousand,the same thing,but there's enough parking. There may be three or four or five tenants that need, like Coach. Coach is one of the busiest stores in America. They need a lot of parking, but then you have the store next to them that doesn't need a lot of parking because you have the tenant mix. MR. HUNSINGER-Right. MR. KENNY, SR-When you get two or three that need a lot of parking, 200 car parking lot is not a lot of parking. MR. HUNSINGER-Yes. MR. KENNY, SR.-So there will be, but we're hoping to get 1500 cars in one parking lot, and then walking, and the other issue up there the tenants all talk about, which we don't have, which we're looking at doing now, is one of our tenants will probably hopefully get a restaurant, because you can't have 250,000 square feet of shopping and then people have to go down the road to a restaurant. The only restaurant left up there is really,we have the one in front of the Clarion which we're looking at doing something with,but is the Log Jam. MR. FORD-And it's improved their business. MR. HUNSINGER-No kidding. MR. DEEB-I think a restaurant would be a great idea. MR. KENNY, SR.-You can have lunch and not have to get back out on the road and go somewhere. What's going to help a little bit is across the street. They're putting in a. MR. HUNSINGER-Well,what's the little pod there, 6,000 square feet? MR. KENNY, SR.-Subway's going in,and the car hop. MR. DEEB-Mr. Bill's,in South Glens Falls. MRS.MOORE-Yes. MR. KENNY, SR.-Right,he's going across the street in that Lickitt's place. 33 (Queensbury Planning Board meeting 06/17/2014) MRS.MOORE-It's not pending before you. It's already a previous site plan for a restaurant related. MR. KENNY, SR.-It's the old cheese shop. MR. HUNSINGER-Well,you've got that 6,000 square foot building right there. Yes. MR. KENNY, SR.-We've got to find somebody. MR. HUNSINGER-What was it,the Texas steakhouse that was going to go there? MR. KENNY, SR.-That, and the other one like it,TGI Friday's. The question is, and I think in a short period of time they, the businesses there, somebody's got to realize, you know, it doesn't fit their demographics,though. MR. HUNSINGER-Yes. MR. KENNY, SR.-Their demographics is Exit 19. MR. HUNSINGER-Yes,you're right. MR. KENNY, SR.-They like the fact that three miles, there's so many people. They don't take into consideration the fact that there's $100,000,000 in shopping, and I think eventually they will. It's inevitable. They go to all the big outlet centers because it's one developer, everything is designed. It's all designed. I mean,it's an education. They don't like the fact that there's four centers. MR. DEEB-Why don't you buy them all? MR. KENNY, SR.-Premium came in and bought the McCormack property and wanted to do something big. MR. SCHONEWOLF-How are you doing with the hotel,APA approval? MR. KENNY, SR.-July 10th. MR. SCHONEWOLF-Good. We won't have it for next summer,though,will we? We'll have it for the summer after. MR. KENNY, SR.-Yes,if it gets approved. If it gets approved. MR. HUNSINGER-Any other comments? Did we do the public hearing? MRS.MOORE-You did not do the public hearing. MR. HUNSINGER-We do have a public hearing scheduled. Did you want to comment, sir? Okay. Did you have any written comments? PUBLIC HEARING OPENED MRS.MOORE-I do have written comment. MR. HUNSINGER-Go ahead. MRS. MOORE-This is dated June 13, 2014. "Dear Planning Board members: I am writing to you in regards to David Kenny/John McCormack public hearing on June 17th, 2014. I am concerned with what the applicant is proposing for part of his request. I am looking at the future with the 43.13 acres that is attached to this proposal which borders my property. I have 17 acres of vacant residential lots at 50, 37, 34 Gloria's Way in the Town of Queensbury. I currently have paid for a subdivision on this property since 2011 and have been planning to build my family's dream home on that property along with the possibility of my children. I am concerned that there is a plan by Mr. McCormack/Kenny for some commercial buildings in the future to be put on that 43.13 acres property that is currently near my residential area close to my land and court house estates. I do not want a back of a shopping mall or parking lot near my vacant lots for a view. Mr. McCormack some years ago asked to purchase my lots but I refused. When I said No his exact comment to me was 'well that's okay I am going to put an infrastructure so close to your lots that you're not going to be able to build or want to build your dream home.' I then proceeded to say that my land has 34 (Queensbury Planning Board meeting 06/17/2014) been in my family 5 generations and that I was keeping it and I choose to talk from a loving heart not a mean one. I encouraged things to be friendly as of that day as we have been neighbors through the woods. I have been kind always to him and have had numerous occasions since then that we have seen each other. I have no bad feelings personally towards Mr. McCormack; however that exact comment from the past worries me and sits in the back of my head when I saw this plan. When I see what he is asking for now on your application, I am not sure what the future plan for his 43.13 acres attached to this? He currently has approval of a road to his 43.13 acres from Rte. 9 from this project? I am voicing my concerns now that I am against any commercial malls, parking lots; being built on those 43.13 acres Mr. McCormack owns which is so close to a residential housing area. We have enough shopping malls and parking lots on State Route 9 and that is where it should stay only. I would hope that the Queensbury Planning Board would not allow any more commercial properties to be built on his 43.13 acres that borders this project of so many of our residential properties. These 43.13 acres should strictly be used for a residential single home housing for future families only. Sincerely yours, DAWN HLAVATY-STARRATT 154 Glen Lake Road, Lake George, NY 12845" MR. HUNSINGER-Okay. Thank you. Was there any other? MRS.MOORE-No. MR. HUNSINGER-Okay. MR. SCHONEWOLF-Moving right along. MR. HUNSINGER-No other comments,then I'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is an Unlisted action. We can probably just affirm the previous SEQR? MRS.MOORE-In the draft resolution there's a reaffirmation statement. MR. HUNSINGER-Okay. Are there any other remaining questions or comments from Board members? MR. TRAVER-Do you want to make a note that the final plan shows a minor change in the entrance to the parking? MR. HUNSINGER-Yes. Has that revised plan been submitted? MR. MACE-No. I can Xerox it and I can give you that particular area. MR.TRAVER-Well,it's not so much for us, I don't think,as it is for. MR. HUNSINGER-Yes. If you have one for everybody, that's kind of helpful to see what the change is. MS.WHITE-A very positive change. MR. HUNSINGER-Yes. I think it's a positive change,too. MR.TRAVER-Yes. Thank you. MR. FORD-Thank you. MR. HUNSINGER-So your handicap parking is kind of off by itself,which is a good thing. MR. KENNY, SR.-It's in the front. MR. HUNSINGER-Yes. Okay. I'm sorry, Steve,you were making a motion. MR.TRAVER-Yes. RESOLUTION APPROVING SP#42-2014 DAVID KENNY 35 (Queensbury Planning Board meeting 06/17/2014) A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes a second modification to an approved site plan -modifications include changing the 3 small building shapes, slight reduction in square footage and parking alterations for some spaces to be located from front to rear. Pursuant to Chapter 179-9-120 of the Zoning Ordinance alteration to site with an approved site shall be subject to Planning Board review and approval. A public hearing was advertised and held on 6-26-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO. 42-2014 DAVID KENNY, Introduced by Stephen Traver who moved for its adoption,seconded by Thomas Ford: The site plan notes that there will be a final plan submitted which includes a minor change to the ingress to the front area parking. 1) Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code. 2) The requirements of the State Environmental Quality Review Act have been considered and the Planning Board reaffirms the adopted a SEQRA Negative Declaration 5/19/2011, SP 13- 2011. 3) 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. 4) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 5) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. 6) 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. Duly adopted this 17th day of June, 2014,by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Ms.White, Mr.Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-Good luck. MR. KENNY, SR.-Thank you. MR. HUNSINGER-You're all set. Thank you. You made a comment about a bowling alley. MR. KENNY, SR.-We're re-doing the bowling alley. MR. HUNSINGER-Okay. MR. KENNY, SR.-We're putting a big handicap ramp in it,elevator. MR. KENNY,JR.-The front entrance wasn't handicapped. There was aback side door that you could get a wheelchair in. MR. KENNY, SR.-We're re-doing it all two stories, making it look like, the bowling alley, additional three additions, the old OTB, that was the big building out front. So we're making a whole new front,two stories. MR. HUNSINGER-Is there any other business to be brought before the Board this evening? 36 (Queensbury Planning Board meeting 06/17/2014) MR. SCHONEWOLF-I move we adjourn. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JUNE 17, 2014, Introduced by Paul Schonewolf who moved for its adoption,seconded by Thomas Ford: Duly adopted this 17th day of June, 2014, by the following vote: AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Ms.White, Mr.Traver, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-Next Thursday,a week from Thursday. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman 37