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07-22-2014 (Queensbury Planning Board 07/22/2014) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING JULY 22,2014 INDEX Subdivision No. 6-2013 Dodge Watkins &Larry Clute 1. Tax Map No. 296.9-1-54, 55 Site Plan No. 32-2014 Wayne Mattison 7. Tax Map No. 303.19-1-40, 41 Site Plan No.40-2014 Paul Deslauriers 7. Freshwater Wetlands 3-2014 Tax Map No. 297.10-1-45 Site Plan No.46-2014 Russell Canterbury 8. Tax Map No. 289.17-1-25 Site Plan No.49-2014 Richard&Jill Long 9. Tax Map No. 240-1-16 Site Plan No.47-2014 Peter Aust; Noel Granger 12. Tax Map No. 252.-1-36.5 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 07/22/2014) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING JULY 22,2014 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN STEPHEN TRAVER THOMAS FORD BRAD MAGOWAN DAVID DEEB PAUL SCHONEWOLF GEORGE FERONE,ALTERNATE LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. HUNSINGER-I'll call to order the meeting of the Queensbury Planning Board on Tuesday, July 22, 2014. Members of the audience there are copies of the agenda on the back table. There's also a handout for public hearing procedures. I think all of our applications this evening do have public hearings scheduled. The first item on the agenda is Tabled Items. TABLED ITEMS: SUBDIVISION NO. 6-2013 SEQR TYPE II DODGE WATKINS & LARRY CLUTE OWNER(S) MATT STEVES ZONING MDR-MODERATE DENSITY RESIDENTIAL LOCATION 3 MAPLEWOOD DRIVE, 5 TWICWOOD LANE APPLICANT PROPOSES RELOCATION OF THE COMMON PROPERTY LINE BETWEEN 3 MAPLEWOOD DRIVE & 5 TWICWOOD LANE. ACCESS WILL BE BY TWO SEPARATE DRIVEWAYS - ONE EXISTING AND ONE PROPOSED. MODIFICATION TO AN APPROVED SUBDIVISION REQUIRES PLANNING BOARD REVIEW AND APPROVAL CROSS REFERENCE AV 64&65-13, BP 12-201,BP 08-438 LOT SIZE 0.59 ACRES AND 0.71 ACRES TAX MAP NO. 296.9-1-54, 55 SECTION CHAPTER A 183 MATT STEVES&LARRY CLUTE, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant proposes a lot line adjustment of an approved subdivision. The new lot lines will create a reduction in the Watkins parcel and an increase in the Clute parcel. The parcels are proposed to have separate driveways. The applicant has received variance relief for the reduction of the Watkins parcel to 0.50 acres. MR. HUNSINGER-Good evening. MR. STEVES-Good evening. I'm Matt Steves representing Dodge Watkins and Larry Clute on this application. I believe this was in front of you back in December, if you can remember that far back. I know I have problems,but it was for a modification to the lot line for the two driveways, and then we went subsequently from here, after the recommendation to the Zoning Board, and then the Zoning Board had some concerns with the kind of weird shaped lot line and so we went back to them last week and got the approval based upon straightening out the lot line and removing the shed that kind of ends up in the side yard, off of Maplewood Drive on the Watkins parcel. So there was an approved shed and it was built in a compliant location. We propose to move it, but it was kind of a seesaw so we decided to move the shed. We also, at the time, in the wintertime, there was another driveway that was installed out into, basically right at the intersection of Maplewood and Twicwood. You can see the line where it was extended out at some point, and that's my fault, but when we were up there in the wintertime there was a big snow pile there and I didn't know there was another driveway, and that wasn't part of the original application so we said that that was to be removed. Getting back to this,the Watkins parcel is Lot 90. The Clute parcel is Lot 89 of the Twicwood subdivision. As you can see in the original Twicwood file, most of those lots were 110 by 150 or 16,500 square feet, and ranged up to 31,000 square foot. So the Zoning Board was happy with the size and character of the neighborhood. As far as the driveway that we're here for for the Planning Board now, all the lots are compliant with setbacks. There is one shed that was on the Clute parcel that was not compliant with the setbacks and a Stop Work Order was placed on that. So we couldn't finish the shed. Now he can finish that shed, and he would also like to install 1 (Queensbury Planning Board 07/22/2014) the new driveway. Did you get photos that were submitted, as well as the Zoning Board, at capacities around, so you can look at where the proposed driveway location is in relation to looking north/south and into the approved parcel? What we did is we looked at that and in discussions also with the Zoning Board, Larry, myself looked at the optimal lcoation as far as sight distance going both north and south for visibility back up to Maplewood Drive and looking back down south on Twicwood, and also the location that would be suitable for grade, stormwater, and no disturbance of vegetation coming in off of Twicwood Lane. If you go to the north,if you look at that photo as it comes through,between the proposed driveway and the existing there's a large group of trees that we would like to reclaim, and in the area, as when you see the photos come through, looking back up toward Mr. Clute's house, on the north side of it, there is the vegetation needed to be removed to install this driveway. The grade there, if you can look when you see the photos again, it slopes to the south and the driveway will have a cross pitch and bring that into the yard area on the south, and what little bit,when you have to make your swale along the road,there is an existing Town SWPPP there,and I would leave it up to the Board for any questions. MR. FORD-How close to the lot line is that turnaround on the proposed drive? MR. STEVES-They're both approximately five feet. The existing, there is an existing concrete to be removed that looped right around. So cutting it back to a point where the fence can be installed and then have room to maintain on either side of the fence. MR. FORD-Thank you. MR. HUNSINGER-Other questions,comments from the Board? MR. MAGOWAN-It's been a heck of a process, hasn't it? I'll be happy to see that shed down, Larry. I mean,when I go to see my folks I go the long way now so I don't have to look at it. MR. HUNSINGER-Any other comments, questions? We do have a public hearing scheduled this evening. Is there anyone in the audience who wishes to address the Board? Did you wish to address the Board? If you could give up the table, please. The purpose of the public hearing is to provide comments to the Board. I would ask anyone wishing to address the Board to state their name for the record and to speak clearly into the microphone. We do record the meeting and the recording is used to transcribe the minutes. The recording is also available on the Town's website. Good evening. PUBLIC HEARING OPEN CHUCK MC NULTY MR. MC NULTY-Good evening. Chuck and Linda McNulty. We're at 14 Twicwood Lane. We've got some concerns, still, about this proposal, and I guess part of it is, that bothers, me is it's one more bit of eating away at a residential area. As you know, Mr. Clute's a contractor. From time to time he has several pieces of contractor equipment or pickup trucks and what not in his yard. The house that is just south of him now is owned apparently by another contractor who has dump trucks and pickup trucks parked in his yard. Mr. Clute has built what everybody's referring to as a shed which he now gets to finish because he's changed a lot line. Several years ago when I was on the Zoning Board that would be called clearly a garage and be prohibited because it's a second garage on the same piece of residential property. It's big enough to put a small car in. It's got an overhead door, and I know the temptation is to say that the applicant has made some compromises. They've agreed to remove the shed on the other property. The straight lot line is fine,but originally when the house that Mr. Clute lives in was built there,the entrance to his garage was from the front of the house, and the owner that had moved the entrance to that garage around to the end, at that time agreed that the lot that Mr.Watkins's house is on would never be separated from the other lot. Unfortunately that agreement,which all the residents of Twicwood remember was never put into a resolution or apparently never showed up in the minutes of the Planning Board meeting. So there's no official record of it to stand on, but, as years have gone on, things have been nickeled and dimed out of it. The lot was divided. A house was built. Various things have happened. At the time the house was built, there was an argument put forth that a shared driveway was the best solution because the entrance to that driveway was at the crest of the hill, and it was easier to see if somebody was coming out. Now the proposal is to move it halfway down the hill. School bus stop for that area is at the foot of Twicwood hill. So two to three times a day we have a flood of kids coming up Twicwood hill. Admittedly compounded by some of the parents who like to park their cars on both sides of Twicwood hill so they can pick their kids up and it just provides hiding places for kids to pop out from, but adding a driveway down there is going to be a problem, too, and I would be interested in knowing how the Town now considers that a shed,because it sure looks like 2 (Queensbury Planning Board 07/22/2014) a second garage, a small one,but it sure looks like a second separate garage on the property. Linda, do you have anything to add? MRS. MC NULTY-I really would like to see that brick faced shed taken out of there. It's not in keeping with the neighborhood. Back in '92 when there was a proposal before the Town, Mr. McDonough raised the point that there was supposed to be a 70 foot setback. I'm not sure that's in compliance with that, for that lot. The other thing is I'm now hearing that there's going to be a fence there. Our covenants have strict regulations and one of them regards fences. So that's something that should be checked into, but that shed, which is a mini garage, is just not in keeping with the neighborhood, and I realize it's on a concrete slab, but concrete can be removed, just as they're planning on doing with that concrete. So he could just as easily have it done while they're doing that portion of the work. Thank you. MR. HUNSINGER-Thank you. Anyone else? Were there any written comments, Laura? MRS.MOORE-There were no written comments. MR. HUNSINGER-Okay. How big is the shed? MR. STEVES-Twelve by sixteen. MR. HUNSINGER-And when does a shed become a garage? MRS.MOORE-It's the width of the garage door,the door on it. MR.TRAVER-I'm sorry, I didn't hear that, Laura? MRS.MOORE-It depends on the width of that door that's accessing that. MR.TRAVER-The width of the door? MRS. MOORE-Yes, and that may be something, right now it's still under review at the Building Department. MR. HUNSINGER-Okay. MRS.MOORE-And I know it's on hold. MR. FORD-So we don't know the width of the door? MR. MAGOWAN-This is the problem I came across with my shed, and, you know, I couldn't put an overhead door in that was any bigger. So what I ended up doing was putting two 3 foot entry doors and butted them together so I could get my tractor in and out, because I couldn't find like a, you know, 54 inch door. So I wanted to put an overhead in but then they considered my shed being the size it was a second garage, but if you put doors up, so I was able to put two, you know, 36 inch doors, butted them together, plated them and hung them up as a unit now I can get my tractor in. I'm sure that's what it is. I mean, Larry, you don't have any collector cars you're going to use that second garage do you? MR. CLUTE-No. MR. STEVES-To get back to the shed, so you know, there have been discussions with the Building Department. There isn't a door on it because he needs to finish the shed and now this lot line adjustment the house and finish it, you can't go over six feet and that's what's going to be put on there is a six foot door. MR. HUNSINGER-Okay. MR. CLUTE-That's what the determination of the Building Department was, essentially what you just described. MR. MAGOWAN-So I went with doors, you know, double doors. It was cheaper than special ordering an overhead door. 3 (Queensbury Planning Board 07/22/2014) MR. STEVES-And I know because I have the same six foot overhead door on my shed so I can get my lawn tractor in and out. Definitely can't fit a car in six foot wide, but I can fit my lawn tractor in there. MR. CLUTE-But that's supposedly what the,just like Laura said, that's supposedly what determines garage to shed is width of the overhead door or access. MR. FORD-And it will be a six foot overhead door? MR. CLUTE-Yes,whatever Dave,it's a six foot opening,it'll be a six foot opening. Yes. MR. STEVES-Whether it be overhead door, swing door, whatever it may be, it can't go over six feet, and as far as, one other comment on that. In conformance with the existing home is what they're trying to do. The existing home has a brick face,and then wood on top of that. MR. CLUTE-When the shed is done,this is going to be much better looking than any,better than the one I'm taking out next door, that's for darn sure. I've got a brick face on that that matches my home. I mean, I like my brick face. So I'm not sure what the issue is with that, and then the cedar siding is going to go on the sides. So it's going to match my home design which is actually quite nice. So,it will be a very nice shed and a very nice addition to the property,no question about it. MR. STEVES-And just a couple of other comments, and then we don't really have much else to add on the shed. I don't know anything about the house to the south with construction equipment. Larry tells me that Donahue Construction I guess is in there doing some interior renovations so that's probably the reason for the equipment. MR. CLUTE-The home belongs to the cigar, the people who own the cigar bar out next to Sweet Basil's,or just up the road from Sweet Basil's. MR. MAGOWAN-Smokin'Joe's. MR. CLUTE-Yes, that's exactly, that's the owner, and they've had Donahue in there probably, so it looks like he's been living there. I mean, his trucks have been in the driveway probably three or four weeks, but they're doing work on the home. So that's why Donahue's trucks have been in the driveway, and it's pretty rare that I actually bring home a Clute truck, but every once in a while a Clute truck does come to my home, but it's a pickup truck with Clute on the side of it, but that's pretty rare. I usually keep my business vehicles at the shop and drive my personal vehicle, but every once in a while I do end up bringing a company truck home. MR. DEEB-No other vehicles on the property besides your company truck? MR. CLUTE-Well,my son's and myself. MR. DEEB-Yes. No, exactly, Dave, exactly, and like I said, I don't like having my company trucks at the house. It is very rare that I have a company truck at home. MR. FORD-Any other equipment stored around there? MR. CLUTE-No,sir. MR. FORD-Invisible? MR. CLUTE-Not unless we're doing work. If I'm doing some work and then I'll bring in a small piece of equipment to dig this or dig that,but just like any other homeowner,but,no, I like my home being my home and my business. So,no, I truly do not have equipment around my house. MR.TRAVER-There was some comment about the fence? MR. STEVES-Again, I said we would leave room for a proposed fence. That's up to Mr. Clute what type of fence he wants to put in, and then it obviously has to be compliant with any Town regulations and/or any deed covenants within the subdivision. MR. MAGOWAN-Well you have a vinyl fence on one of the sheets here. MR. STEVES-There is an existing fence back there. 4 (Queensbury Planning Board 07/22/2014) MR. CLUTE-There's actually vinyl on both sides. My neighbor on the one road has their vinyl fence, essentially I inherited the white vinyl fence, and it's six foot,and then the new stuff that I just put up is white vinyl fence, too. So the addition of it will be white vinyl, it'll be finishing that white vinyl fencing, and if I'm accurate, I believe the covenants really mimic the Town Code,which is to say you can't exceed six foot fencing in the backyard,and this will be restricted to the backyard. MR. MAGOWAN-Have you staked out your proposed driveway, Larry? MR. CLUTE-I've staked it out,yes,but some of the stakes are gone. This has been years. MR. MAGOWAN-Well, it is, I mean,why do you have it coming down so far? I mean,just a question, I mean, it was brought up in one of the things, and I'm looking at it, and I know how steep that hill is. MR. CLUTE-The mature trees. If you drive Twicwood Lane,the opening that Matt has drawn on the map, it's pre-existing. It's right there. There's small cluster of baby hemlocks. That's the only tree, and I'm literally moving that. I'm not taking them down. I'm just going to move it,but it's the mature trees, and, to be honest with you, the sloping on that, because it is on a hill. So to be cautious of the stormwater,the lot is already very well managed to the south. So the incorporation of the driveway would be double pitched, as Matt said, and still keeping that stormwater heading south. So the location is ideal for that particular situation, but in any hill application you have a runoff,and so my house is on a hill. MR. MAGOWAN-Well, I'm not worried about the runoff, it's just it's so far down, but, you know, instead of eliminating some mature trees,you know, for the Twicwood, I can understand that,but it was just brought up,and I just wanted to follow through with it. MR. CLUTE-Absolutely. Matt had some pictures, too. The line of sights are actually very, very good. I mean, Mr. McNulty's accurate, but just like any other neighborhood, wherever there's a school bus stop, make no mistake, it's inundated with kids, and we know that, and so you're cautious during the bus stop times, but other than that, the line of sight is actually very, very good on that hill, and the other nice thing about it is it's only developed on my side. It's not developed on the opposite side. So you don't have to worry about a driveway on the opposite side. So it works out really quite well. It's designed well. MR. MAGOWAN-Well I have to say I like the lot line adjustment much better on this one than the last one there. I got really dizzy following that. MR. STEVES-Again that was one where they asked for the least amount of variance. MR. CLUTE-On the square footage adjustments. MR. STEVES-You try to adjust it,but then that's what you get, and that's what we're trying to avoid, but we got back to the straight line and everybody's happy. MR. CLUTE-If this all comes to fruition and I can get the fence, it's not just fencing. I'm going to put back trees. Literally, because any of the, like a Bedford or a Twicwood, the houses are the houses, but the maturity of the growth around you is really amazing, and so more trees would actually go back into my, once I get the fencing on it and then more trees will actually be in there, too, because I'd prefer natural buffer, even though fencing has its purpose. So there's going to be more trees involved, too, which we don't really have a landscaping plan, but there's no question I'll end up doing that. MR. HUNSINGER-Any other questions or comments from members of the Board? Is the Board comfortable with the proposal? MR. FORD-Yes. MR. DEEB-Yes. MR. HUNSINGER-Then I will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type II SEQR. Are there any outstanding environmental concerns? 5 (Queensbury Planning Board 07/22/2014) MR. MAGOWAN-I don't see any. MR. HUNSINGER-Any other issues or concerns that we need to address? MR. FORD-Could we just go back to the trees you plan on planting there, and without landscape plan,are you planning on hardwood,softwood? Are shrubs a part of that? MR. CLUTE-Shrubbery is actually going to happen along the new driveway. There's extensive shrubbery to the face of this house as there is, which, again, really makes the neighborhood, makes the houses. The maturity is what it's about. Hardwoods, I like hardwoods,but I don't like the idea that they take longer than my lifetime to mature. So I'll actually probably stick with the evergreens, which will give us some substance really fast. I've also found that river birch, which I've already bought, I have some already in the lawn, I have to re-locate them. The river birch also grow rather rapidly. So I'll stick with the rapidly growing trees,if that answers your question. MR. FORD-Thank you. MR. HUNSINGER-Anything else? Would anyone like to make a motion? MRS. MOORE-Could I interrupt? Prior to making your motion, that draft resolution, Item Number Two is not applicable. MR. MAGOWAN-Scratch it? MRS.MOORE-Scratch it. RESOLUTION APPROVING SUB # 6-2013 DODGE WATKINS&LARRY CLUTE A subdivision application has been made to the Queensbury Planning Board for the following: Applicant proposes relocation of the common property line between 3 Maplewood Drive & 5 Twicwood Lane. Access will be by two separate driveways - one existing and one proposed. Modification to an approved subdivision requires Planning Board review and approval. Area Variance 64-2013 was approved on 7-16-2014; A public hearing was left open for 7-22-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SUBDIVISION NO. 6-2013 DODGE WATKINS & LARRY CLUTE, Introduced by Brad Magowan who moved for its adoption,seconded by Stephen Traver: As per the resolution prepared by Staff. 1. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-183, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code. 2. Final approved plans, in compliance with the Subdivision, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel. 3. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. Duly adopted this 22nd day of July, 2014,by the following vote: AYES: Mr.Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. CLUTE-Thank you very much. 6 (Queensbury Planning Board 07/22/2014) MR. HUNSINGER-Thank you. 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. 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. 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 MR. HUNSINGER-And we have, in our Staff Notes, that is to be tabled. The public hearing will be held open. And we are, it's suggested that we table this to the September 16th. If anyone would like to make that motion. RESOLUTION TABLING SP# 32-2014 WAYNE MATTISON A site plan application has been made to the Queensbury Planning Board 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. 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. SEQR Type II -no further review required; PB made a recommendation to the ZBA on 6-17-2014; the ZBA approved the variance request on 6- 18-2014; A public hearing was advertised and held on 6-26-2014 tabled to 7-22-2014; no new information has been received; MOTION TO TABLE SITE PLAN NO. 32-2014 WAYNE MATTISON, Introduced by Paul Schonewolf who moved for its adoption,seconded by Thomas Ford: Tabled to the September 16, 2014 Planning Board meeting. Duly adopted this 22nd day of July, 2014,by the following vote: AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Magowan, Mr. Ferone, Mr.Traver, Mr. Hunsinger NOES: NONE MR. MAGOWAN-You said the 16th? MR. HUNSINGER-The 16th of September,yes. SITE PLAN NO. 40-2014 FRESHWATER WETLANDS 3-2014 SEQR TYPE II PAUL DESLAURIERS OWNER(S) SAME AS APPLICANT ZONING MDR-MODERATE DENSITY RESIDENTIAL LOCATION WINCOMA DRIVE APPLICANT PROPOSES CONSTRUCTION OF A 2,475 SQ. FT. SINGLE FAMILY DWELLING. PURSUANT TO CHAPTER 179-6-050 & CHAPTER 94 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. 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 SECTION 179-6-050,CHAPTER 94 MR. HUNSINGER-And this one also will be tabled pending the Zoning Board decision, and it is suggested that we table that to August 19th. When's the Zoning Board hearing that? Are they hearing it in August? MRS.MOORE-They'll hear it tomorrow evening. 7 (Queensbury Planning Board 07/22/2014) MR. HUNSINGER-Okay. I'm sorry. MR. FORD-And then the Board of Health as well. MR. FERONE-Mr. Chairman,is that Site Plan 39 or 40? Because I had a conflict with some notes. MRS.MOORE-I have Site Plan 40 of 2014. MR.TRAVER-The agenda says 40. MR. HUNSINGER-Yes. On the Staff Notes it says 39. You're right. MR. FERONE-So which is it? MRS.MOORE-That's my error. It's 40. MR. MAGOWAN-You have 40 and we all have 39. How is this possible? MRS.MOORE-Thanks. MR. MAGOWAN-You're the boss. Okay. Forty it is. MR. HUNSINGER-The agenda and the flysheet are 40 and the Staff Notes say 39. Would anyone like to make that motion? RESOLUTION TABLING SP#40-2014 FWW 3-2014 PAUL DESLAURIERS A site plan application has been made to the Queensbury Planning Board 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. SEQR Type II -no further review required; Town Board of Health has tabled the septic variance to 7-21-14; PB made a recommendation to the ZBA on 6-17-14; the ZBA tabled the variance request to 7-16-14 and to 7-23-14; MOTION TO TABLE SITE PLAN NO. 40-2014 FRESHWATER WETLANDS 3-2014 PAUL DESLAURIERS, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: Tabled pending the Zoning Board of Appeals decision. Tabled to the August 19, 2014 Planning Board meeting. Duly adopted this 22nd day of July, 2014,by the following vote: AYES: Mr.Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE OLD BUSINESS: SITE PLAN NO. 46-2014 SEQR TYPE II RUSSELL CANTERBURY AGENT(S) ETHAN HALL OWNER(S) RM CANTERBURY REALTY, LLC ZONING WR-WATERFRONT RESIDENTIAL LOCATION 39 CANTERBURY DRIVE APPLICANT PROPOSES DEMOLITION OF EXISTING HOME TO CONSTRUCT A 2,247 SQ. FT. (FOOTPRINT) SINGLE FAMILY DWELLING. SITE PLAN: PURSUANT TO CHAPTER 179-6-050 & 179-6-060 OF THE ZONING ORDINANCE CONSTRUCTION OF NEW HARD SURFACING WITHIN 50 FEET OF A SHORELINE AND CONSTRUCTION OF A FREESTANDING STRUCTURE WITHIN 50 FEET OF SLOPES IN EXCESS OF 15% SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCES: RELIEF REQUESTED FROM PERMEABILITY; SIDE, REAR, SHORELINE SETBACKS; HEIGHT, ROAD FRONTAGE AND FAR REQUIREMENTS OF THE WR ZONE. THE PLANNING BOARD 8 (Queensbury Planning Board 07/22/2014) SHALL MAKE A RECOMMENDATION TO THE ZBA. CROSS REFERENCE AV 49-14, SP 19-13, SB 3-06 WARREN CO. PLANNING JULY 2014 APA, CEA, OTHER NWI WETLANDS, GLEN LK. CEA LOT SIZE 0.20 ACRES TAX MAP NO. 289.17-1-25 SECTION 179-3-040, 179-6-050, 060. MR. HUNSINGER-This one has not yet been heard by the Zoning Board. So we're going to table that one as well, and we will table that one, it's been suggested, to September 23rd, and that's pending the ZBA decision. MRS.MOORE-You'll need to open the public hearing as well. MR. HUNSINGER-Yes. RESOLUTION TABLING SP#46-2014 RUSSELL CANTERBURY A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes demolition of existing home to construct a 2,247 sq. ft. (footprint) single family dwelling. Site Plan: Pursuant to Chapter 179-6-050 & 179-6-060 of the Zoning Ordinance construction of new hard surfacing within 50 feet of a shoreline and construction of a freestanding structure within 50 feet of slopes in excess of 15% shall be subject to Planning Board review and approval. Variances: Relief requested from permeability; side, rear, shoreline setbacks; height, road frontage and FAR requirements of the WR zone. The Planning Board shall make a recommendation to the ZBA. SEQR Type II -no further review required; PB made a recommendation to the ZBA on 7-15-2014; the ZBA tabled the variance requests on 7- 16-2014 to 9-17-2014; A public hearing was advertised and held on 7-22-2014 and will be left open MOTION TO TABLE SITE PLAN NO. 46-2014 RUSSELL CANTERBURY, Introduced by Thomas Ford who moved for its adoption,seconded by Stephen Traver: Tabled to the September 23, 2014 Planning Board meeting, Pending the ZBA decision. Duly adopted this 22nd day of July, 2014,by the following vote: AYES: Mr.Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Yes,we'll open the public hearing and we'll leave it open. PUBLIC HEARING OPENED SITE PLAN NO. 49-2014 SEQR TYPE II RICHARD & JILL LONG OWNER(S) SAME AS APPLICANT ZONING LC-42A-LAND CONSERVATION 42 ACRES LOCATION 2407 RIDGE ROAD APPLICANT PROPOSES A 284 SQ. FT. POOL IN THEIR FRONT YARD WITH A 206 SQ. FT. DECK. SITE PLAN: PURSUANT TO CHAPTER 179-3-040, 179-5-020, & 179-13-010 OF THE ZONING ORDINANCE EXPANSION OF A NON-CONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF REQUESTED FROM REQUIREMENT THAT DOES NOT ALLOW POOL PLACEMENT IN FRONT YARD AND SETBACKS FOR DECK. CROSS REFERENCE A V 51-14, SP 49-13, AV 46-13, BP 14-201 WARREN CO. REFERRAL JULY 2014 APA, CEA, OTHER CEA LOT SIZE 0.44 ACRES TAX MAP NO. 240-1-16 SECTION 179-3-040, 179-5-020, 179-13-010 RICHARD LONG, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant has completed the site plan application for the construction of a pool deck that is an expansion of the non-conforming structure. The applicant has requested waivers from items that do not apply to the project. This includes lighting, signage, utilities, etc., and to note, the Zoning Board did grant the variance for the project with the condition that plantings are placed for the length of the pool in the front yard. 9 (Queensbury Planning Board 07/22/2014) MR. HUNSINGER-Okay. Thank you. Good evening. If you could identify yourself for the record. MR. LONG-Richard Long. MR. HUNSINGER-Did you have anything else that you wanted to add? You were just here last week. MR. MAGOWAN-You wish that you had it in today and tomorrow,right? MR. LONG-Yes. Definitely. MR. HUNSINGER-Any questions,comments from the Board? MR.TRAVER-You understand what the Zoning Board's asked as far as plantings and so forth? MR. LONG-Yes. MR.TRAVER-Do you have an idea of what plantings? Do you have something in mind? MR. LONG-That's all my wife. MR. MAGOWAN-Get her on the cell phone right now, give her a call and let's get this hashed out tonight. MR. HUNSINGER-Did the Zoning Board say how tall the plantings needed to be? MRS. MOORE-No, they didn't. They just wanted some sort of screening between the road and the pool. MR. HUNSINGER-Right. MRS.MOORE-And I believe she mentioned it was an evergreen of some sort. She wanted thick. MR. DEEB-It's an above ground pool. MR. LONG-Yes. MR. SCHONEWOLF-It's quite a distance. MR. MAGOWAN-So all you need is a four foot shrub. MRS.MOORE-You can identify that in your resolution if you wish. MR. HUNSINGER-I was thinking all we would really need to do is reference the Zoning Board condition. MRS.MOORE-That's fine. MR. HUNSINGER-Any other questions or comments from the Board? MR. FORD-I have none. MR. HUNSINGER-We do have a public hearing scheduled for this project as well. Are there any written comments, Laura? MRS.MOORE-No there are no written comments. MR. HUNSINGER-And there's no one left in the audience, other than the next applicant. Unless you want to comment. I'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type II SEQR. So no SEQR review is necessary. Unless there's anything else, a motion would be in order. RESOLUTION APPROVING SP#49-2014 RICHARD&JILL LONG 10 (Queensbury Planning Board 07/22/2014) A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes pool in their front yard with a deck. Pursuant to Chapter 179-3-040, 179-5-020 of the Zoning Ordinance expansion of a non-conforming structure shall be subject to Planning Board review and approval. PB made a recommendation to the ZBA on 7-15-2014; ZBA approved the variance request on 7-16- 2014; SEQR Type II -no further review required; A public hearing was advertised and held on 7-22-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO.49-2014 RICHARD&JILL LONG, Introduced by Brad Magowan who moved for its adoption,seconded by Stephen Traver: As per the 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 requested granted: G,lighting, H signage, I utilities,J stormwater, K topography, M land use districts, N traffic, 0 new construction/ alteration details, P floor plans, Q soil logs, R construction disposal,and S snow removal. 3) We will be following the Zoning Board conditions for the planting in front of the pool in between the pool and the road. 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. 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 22nd day of July, 2014,by the following vote: MR. MAGOWAN-We will be following the Zoning Board conditions for the planting in front of the pool along the road. MRS. MOORE-Do you just want to clarify that, that it's not along the road, it's in between the pool and the road. MR. MAGOWAN-In between the pool and the road. MRS.MOORE-Okay. Thank you. MR. LONG-It'll be closer to the pool than the road. MR. MAGOWAN-Well, I was hoping,that's what it looked like in the picture. MR. LONG-Yes. MR. MAGOWAN-Sorry,pardon me. AYES: Mr.Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE 11 (Queensbury Planning Board 07/22/2014) MR. HUNSINGER-You're all set. Good luck. MR. LONG-Thank you. MR. HUNSINGER-Thank you. NEW BUSINESS: SITE PLAN NO. 47-2014 SEQR TYPE II PETER AUST; NOEL GRANGER AGENT(S) DENNIS MAC ELROY OWNER(S) SAME AS APPLICANT ZONING RR-5A/LC-10A LOCATION LOCKHART MOUNTAIN ROAD APPLICANT PROPOSES CONSTRUCTION OF A 1,915 SQ. FT. (FOOTPRINT) SINGLE FAMILY DWELLING. PURSUANT TO CHAPTER 179-6-060 OF THE ZONING ORDINANCE CONSTRUCTION WITHIN 50 FEET OF SLOPES IN EXCESS OF 15% SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SB 4-99 LOT SIZE 7.97 ACRES TAX MAP NO. 252.4-36.5 SECTION 179-6-060 DENNIS MAC ELROY, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant proposes to construct a new 1,915 square foot single family, this was the footprint of that building. It's on an existing vacant lot of 7.97 acres, and the applicant has completed the site plan application for the construction of the home where the project activities occur within 50 feet of 15%slopes. MR. HUNSINGER-Okay. Good evening. MR. FERONE-Could I add something for the record? MR. HUNSINGER-Yes. MR. FERONE-Okay. I'm a sitting member of the Board of Directors for Adirondack Regional Chamber of Commerce. Peter Aust is President of the ARCC, and based on discussion, there's no perceived conflict of interest. MR. MAC ELROY-Okay. Thank you. I'm Dennis MacElroy with Environmental Design,representing Peter Aust and Noel Granger, applicants and owners of the property on Lockhart Mountain Road. It's about an eight acre lot, and Peter and Noel are proposing a single family residence, and as Laura indicated,we're here because there are areas of 15%slope, and that's what qualifies us for Site Plan Review. So we've prepared a Site Plan showing the house location and driveway, the wastewater system location and the stormwater. Any landscaping will be typical residential landscaping around the house. Lighting, the same thing, wall mounted type. There may be a post light along the driveway, very standard location. Items on a relatively large lot in a rural area, RR-5 zoning. It's really simple and tastefully done. MR. HUNSINGER-Okay. Thank you. Any questions,comments from the Board? MR. FORD-Proximity to the road,please? MR. MAC ELROY-The front setback is 78 feet. This is in conformance with the setbacks that were in place at the time of the creation of the subdivision,the Granger subdivision,back in'99. MR. HUNSINGER-Brad? MR. MAGOWAN-I have to say,there's a lot of lots out there that have the,you know, 15%grade,but I have to say,when I was looking to build houses for myself at one time, I always liked the design of building in and utilizing that whole front and so you, you know, pretty much can take a one story, make it a two story,and I think what you're trying to do to this lot is commendable. I do like it. MR. MAC ELROY-Thank you. MR. HUNSINGER-You didn't mention stormwater at all. MR. MAC ELROY-There is a stormwater design, as well as wastewater. It's shallow grass swales, basically, receiving, through grading, the runoff from the driveway, and then also from the roof 12 (Queensbury Planning Board 07/22/2014) pitches. It's basically as simple as you can get with shallow grass swales. It's just, as the name implies,a graded depression. MR. HUNSINGER-Okay. You don't expect thereto be any standing water in the retention area? MR. MAC ELROY-No, all good soils in that area. Because we did a few test pits in that area, and I know from working on the property two doors away,there's great soils up there. MR. HUNSINGER-Any other questions? MR. SCHONEWOLF-Good to have another house in the district. MR. HUNSINGER-Any Staff comments? MRS.MOORE-No. MR. HUNSINGER-Well, we do have a public hearing scheduled. No one is here. Are there any written comments, Laura? MRS.MOORE-There are no written comments. PUBLIC HEARING OPENED MR. HUNSINGER-All right. Let the record show no comments were received. We will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type II SEQR. So no SEQR review is necessary, and unless there are any other questions or comments,a motion would be in order. RESOLUTION APPROVING SP#47-2014 PETER AUST; NOEL GRANGER A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes construction of a 1,915 sq. ft. (footprint) single family dwelling. Pursuant to Chapter 179-6-060 of the Zoning Ordinance construction within 50 feet of slopes in excess of 15% shall be subject to Planning Board review and approval. SEQR Type II -no further review required; A public hearing was advertised and held on 7-22-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO. 47-2014 PETER AUST: NOEL GRANGER, Introduced by Brad Magowan who moved for its adoption,seconded by Stephen Traver: As per 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: H -signs, N-traffic, 0 -alterations/construction. 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) If required,the applicant must submit a copy of the following to the Town: a) The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity"prior to the start of any site work. b) The project NOT (Notice of Termination) upon completion of the project; 13 (Queensbury Planning Board 07/22/2014) 6) The applicant must maintain on their project site,for review by staff: a) The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; b) The project NOI and proof of coverage under the current NYSDEC SPDES General Permit,or an individual SPDES permit issued for the project. 7) 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. 8) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 9) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. 10) 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 22nd day of July, 2014,by the following vote: AYES: Mr.Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Congratulations. MR. MAC ELROY-Thank you. MR. HUNSINGER-So is there anything else to be brought before the Board? MRS.MOORE-I have nothing else. MR. HUNSINGER-If not,a motion is in order. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JULY 22, 2014, Introduced by Paul Schonewolf who moved for its adoption,seconded by Thomas Ford: Duly adopted this 22nd day of July, 2014,by the following vote: AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Magowan, Mr. Ferone, Mr.Traver, Mr. Hunsinger NOES: NONE On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman 14