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02-24-2015 (Queensbury Planning Board 02/24/2015) QUEENSBURY PLANNING BOARD MEETING FEBRUARY 24, 2015 INDEX Site Plan No. 75-2014 McDonald's USA, LLC 1. Tax Map No. 302.6-1-48, 49 Site Plan No. 12-2015 Just Beverages 2. SEEK LEAD AGENCY STATUS Tax Map No. 294.-1-1 SET SPECIAL MEETING DATE APA PROJECT REFERRAL National Grid Pole Replacement 4. Site Plan No. 72-2014 Bill Oehler 5. Tax Map No. 239.20-1-19 Site Plan No. 11-2015 Michael Lia, The LIA Auto Group 7. FWW 1-2015 Tax Map No. 303.16-1-1.1 Subdivision No. 2-2015 Warren County 12. PRELIMINARY/FINAL STAGE Tax Map No. 288.-1-51, 49 Site Plan No. 10-2015 J.H. Land Development, LLC 15. Tax Map No. 278.-1-14, 18 Subdivision No. 3-2015 Joseph Gross 18. SKETCH PLAN REVIEW Tax Map No. 307.-1-22 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. 1 (Queensbury Planning Board 02/24/2015) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING FEBRUARY 24, 2015 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN PAUL SCHONEWOLF, SECRETARY DAVID DEEB GEORGE FERONE STEPHEN TRAVER JAIME WHITE, ALTERNATE MEMBERS ABSENT BRAD MAGOWAN LAND USE PLANNER-LAURA MOORE STENOGRAPHER-SUE HEMINGWAY MR. HUNSINGER-I'd like to welcome everyone to the Town of Queensbury Planning Board on Tuesday, February 24, 2015. For members of the audience, welcome. There are copies of the agenda on the back table. There will also be several public hearings this evening. There's a handout for public hearing procedures. You might want to familiarize yourself with that as well. We have several Administrative Items on the agenda. ADMINISTRATIVE ITEM: SP 75-2014 MC DONALD'S-FOR FURTHER TABLING CONSIDERATION MR. HUNSINGER-Any additional information than what was in our package, Laura? MRS. MOORE-The only information is in your packet and you can note that the Zoning Board asked t hem to submit information by March 4th so they could be on the agenda. So if the Planning Board could do the same. MR. HUNSINGER-Okay. MR. SCHONEWOLF-What's the tabling date? MR. HUNSINGER-March 24tH MR. SCHONEWOLF-Still? MRS. MOORE-Correct. RESOLUTION TABLING SP # 75-2014 MC DONALD'S The Planning Board made a recommendation to the Zoning Board of Appeals on 12-16-2014; On 12-17-2014 the Zoning Board of Appeals tabled the application to 2-18-2015; Chris Boyea of Bohler Engineering sent an e-mail dated 1-30-15 requesting to be tabled to a future date and that they have nothing further to submit at this time; The Zoning Board of Appeals further tabled the application to 3-18-2015 with a submission deadline of March 4, 2015 for revised information; MOTION TO TABLE SITE PLAN NO. 75-2014 MC DONALD'S, Introduced by Paul Schonewolf who moved for its adoption, seconded by Stephen Traver: Tabled to March 24th. Information to be submitted by March 4tH Duly adopted this 24th day of February, 2015, by the following vote: MRS. MOORE-So you're going to ask them to submit information by March 4th, as the ZBA has asked for? 2 (Queensbury Planning Board 02/24/2015) MR. SCHONEWOLF-Well, yes, you have to if you're going to do it on the 24tH MRS. MOORE-Okay. MR. TRAVER-Yes, and note that the draft resolution shows the 18th instead of the 24th. No, I'm sorry, that's the ZBA. MR. SCHONEWOLF-That's the ZBA, yes. MR. TRAVER-Okay. We're all set. AYES: Mr. Ferone, Ms. White, Mr. Deeb, Mr. Traver, Mr. Schonewolf, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-Still under Administrative Items. SP 12-2015 JUST BEVERAGES - PLANNING BOARD REQUEST FOR LEAD AGENCY FOR PURPOSES OF SEAR REVIEW& SCHEDULE SPECIAL MEETING MR. HUNSINGER-Laura? We talked about this a little bit last week. MRS. MOORE-We did. We talked about it and I know Tom Nace is here as well, if you have additional questions, but the idea here is to start the SEAR clock, as well as to schedule the Special Meeting, due to a response at their non-public hearing meeting that they held, where they had a lot of community input. MR. HUNSINGER-1 think the Board was pretty comfortable in scheduling a Special Meeting. Did you have a date or dates for us to consider? MRS. MOORE-Yes. I have, the date on here is scheduled to Tuesday, March 10tH MR. TRAVER-And that would be at 7 p.m.? MRS. MOORE-Correct. MR. HUNSINGER-That's right. You won't be here in March anyway. MR. SCHONEWOLF-Right. MR. HUNSINGER-Are you going to be here that night? MR. DEEB-I'm not sure. I can find out, but I'm not sure. It has to be on a Tuesday? MRS. MOORE-Right now the way it works on the schedule, having this room available, that was one of the dates it was available. MR. HUNSINGER-Yes. Paul won't be here for all of March, though. Right? Were there other dates in March that the room is available? MRS. MOORE-1 think maybe that Thursday. MR. HUNSINGER-Thursday the 12th. Does that work for you, Dave? MR. DEEB-Leave it Tuesday. I'll take care of it. MR. HUNSINGER-You sure? MR. DEEB-Yes. MR. SCHONEWOLF-Who's going to do the meeting? The City's, their engineer's going to do the meeting. MR. HUNSINGER-Right. MR. SCHONEWOLF-So they don't need us. 3 (Queensbury Planning Board 02/24/2015) MR. HUNSINGER-Well, it's Site Plan Review. MR. SCHONEWOLF-Okay. MR. HUNSINGER-It's on Town property. MR. TRAVER-We've got to take public comment. MR. HUNSINGER-Yes. MR. SCHONEWOLF-You're right. So we're going to go with the date of what? MR. HUNSINGER-Yes, I was going to say, there's actually two draft resolutions. The first one is for us to Seek Lead Agency Status. If anyone would like to comment or move that. RESOLUTION SEEKING LEAD AGENCY STATUS RE SP # 12-2015 JUST BEVERAGES The applicant proposes to install, operate and maintain a City-owned well and transport water from the well site to the company's water bottling facility in the City; The Town is considering amending the Town Zoning Code to define "Water Extraction" and provide for and regulate such land use within the Town of Queensbury; WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review process under the State Environmental Quality Review Act (SEQRA); WHEREAS, the Planning Board of the Town of Queensbury has identified the project to be one "Action" in a Coordinated review for purposes of SEAR review pursuant to 6 NYCRR 617; WHEREAS, the Planning Board is the agency most directly responsible for approving the action because of its responsibility for approving the land uses for the property; NOW, THEREFORE BE IT RESOLVED, the Planning Board of the Town of Queensbury hereby indicates its desire to be lead agency for SEQRA review of this action and authorizes and directs the Zoning Administrator to notify any other potentially involved agencies of such intent. That Part I of the SEQRA form will be sent to the following agencies: City of Glens Falls Water & Sewer; Town of Queensbury Town Board, NYS DEC, NYS DOH, Adirondack Park Agency, Warren Co. Planning Department; MOTION TO SEEK LEAD AGENCY STATUS IN CONNECTION WITH PROPOSED ZONING AMENDMENT AND SITE PLAN NO. 12-2015 JUST BEVERAGES, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: In accordance with the draft resolution prepared by Staff. Duly adopted this 24th day of February, 2015, by the following vote: AYES: Mr. Traver, Mr. Ferone, Ms. White, Mr. Deeb, Mr. Schonewolf, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-And did you want to? RESOLUTION SCHEDULING SPECIAL MEETING FOR SP # 12-2015 JUST BEVERAGES The Planning Board is in receipt of a letter dated 2-13-2015 from the applicant's agent -Michael S. Borgos, Esq. requesting a special meeting. MOTION TO SCHEDULE A SPECIAL MEETING FOR SITE PLAN NO. 12-2015 JUST BEVERAGES ON MARCH 10, 2015, Introduced by Paul Schonewolf who moved for its adoption, seconded by Stephen Traver: Duly adopted this 24th day of February, 2015, by the following vote: AYES: Mr. Deeb, Mr. Ferone, Ms. White, Mr. Schonewolf, Mr. Traver, Mr. Hunsinger NOES: NONE 4 (Queensbury Planning Board 02/24/2015) ABSENT: Mr. Magowan MR. HUNSINGER-And then finally, under Administrative Items, we have an APA project for utility pole replacement. APA PROJECT REFERRAL-POLE REPLACEMENT AND INSTALLATION ALONG ROUTE 9L BY NATIONAL GRID MR. HUNSINGER-Is there any other new information that we need to consider, Laura? MRS. MOORE-There's no new information, and the project, there's no further review necessary by this Board or any agency or department or anything like that by the Town of Queensbury. This is further to the APA and their review process. You can indicate in your resolution that there's no further review necessary at the local. MR. HUNSINGER-They're still looking for comment, though. Right? MR. SCHONEWOLF-There never was one. We never used to approve moving poles. MRS. MOORE-Well, this is an opportunity, they're giving you the opportunity to make comment If you have no comment. MR. SCHONEWOLF-It won't do any good. They put them where they want to. MRS. MOORE-They are public utilities. MR. FERONE-The one thing I could think of, and you don't have an answer to the question, is, when they replace these poles, are they all going to be on one side of the road? MR. SCHONEWOLF-Why do they? It's the way it's designed, that's all. Where's the usage going to be? The usage is going to be on the left side on this one. MS. WHITE-That's what it looks like when you look at it, so it's not crossing the road. MR. SCHONEWOLF-Right. MS. WHITE-The other question I had is, is there a time limit for the other parties to remove their equipment so they can take down the old poles? MR. SCHONEWOLF-Yes, but that's not our, that's, rules. MS. WHITE-1 was just curious because sometimes that can take a long time. MR. SCHONEWOLF-Well, you've got to move all utilities that are on the pole. MS. WHITE-Right. That was my question. MR. HUNSINGER-Yes, that was her question. MR. SCHONEWOLF-Well, what happens is power has the lead. So power can put it up and the other guys can leave theirs up. MS. WHITE-But then that's what I'm asking. Can we ask if there's any kind of time limit to make sure that those old poles come down? The other equipment has to get moved. MR. SCHONEWOLF-I can tell you, we do it, too, in our company. We have no say. MS. WHITE-Just curious. MRS. MOORE-So what I can do in the information sent to the APA is, the Board had questions, not necessarily concerns or comments, when are the other utilities required to remove their poles, so then it's all connected on one pole. MR. SCHONEWOLF-You'll see, as you drive through Town, you'll see half poles. Power takes theirs off and cuts it off. Phone takes theirs and cuts it off. Cable comes by in three years and replaces it, or something like that. MR. HUNSINGER-Well, I mean, it certainly would be nice to limit the amount of time that there's. So we do have a draft resolution where we can include that language. 5 (Queensbury Planning Board 02/24/2015) MR. SCHONEWOLF-It just says motion to provide the following comment. MR. HUNSINGER-Yes. MR. SCHONEWOLF-I don't have any comment. You guys can comment if you want. RESOLUTION TO PROVIDE COMMENT FOR APA PROJECT - POLE REPLACEMENT & INSTALLATION ALONG ROUTE 9L BY NATIONAL GRID The APA has requested Planning Board comments for a proposed project by National Grid that involves the replacement of 41 utility poles and installation of 25 new poles along Route 9L. The project involves wetlands that will be mitigated in the area of Stevenson Road. The Town has an APA approved Land Use plan where the project as proposed is considered a Class A regional project. The APA's review of the project includes receiving comments from the local board about the project. The Planning Board has been provided with the project summary and drawing for review. MOTION TO PROVIDE THE FOLLOWING COMMENT FOR APA PROJECT NUMBER 2014- 166 NATIONAL GRID, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: The Planning Board would like to ask when they intend to delete the old poles. Duly adopted this 24th day of February, 2015, by the following vote: MR. TRAVER-1 would ask to amend the resolution to include a comment from us querying the various entities when they intend to delete the old poles. MS. WHITE-Thank you. MR. HUNSINGER-We have an amendment. Is there any discussion? Would anyone like to second the amended resolution? MR. DEEB-Second. AYES: Mr. Ferone, Ms. White, Mr. Traver, Mr. Deeb, Mr. Hunsinger NOES: Mr. Schonewolf ABSENT: Mr. Magowan MR. HUNSINGER-We have two tabled items before us this evening. TABLED ITEM: SITE PLAN NO. 72-2014 SEAR TYPE II BILL OEHLER OWNER(S) GREGORY FRANCIS, SR. ZONING WR LOCATION 2930 STATE ROUTE 9L APPLICANT HAS REVISED PLANS FOR REMOVAL AND TO RE-BUILD A NEW 684 SQ. FT. ATTACHED PORCH AND DECK AREA WITH STAIRS. PURSUANT TO CHAPTER 179-6-050 OF THE ZONING ORDINANCE HARD SURFACING WITHIN 50 FEET OF TH SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE BP 14400; BP 02-647 WARREN CO. REFERRAL DECEMBER 2014 APA, CEA, OTHER L G PARK CEA, APA & NWI WETLANDS LOT SIZE 0.92 ACRES TAX MAP NO. 239.20-1-19 SECTION 179-6-050 BILL OEHLER, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-This applicant has revised the deck project to the rear of the property along the shoreline. It is now only a 684 square foot deck that is to be removed and replaced. Previously it was 1,238, and it included an enclosed porch to the rear, and again, the anchoring system is that same as was proposed before, to anchor it to the bedrock there, and we talked about plantings and the applicant has indicated that they'll be planting iris or flocks and something that has a strong root base. MR. HUNSINGER-Okay. Good evening. 6 (Queensbury Planning Board 02/24/2015) MR. OEHLER-Good evening. I'm Bill Oehler. I'm here for Greg Francis, the project we spoke about before. I spoke to the owner, he's decided that we would remove the porch roof, seeing that there was an issue with stormwater there. We also made the middle deck smaller by four foot by twelve foot, so that's much smaller, and the deck that's closest to the water is not being replaced. There's nothing going to be done with it. It's going to just stay the way it is. MR. HUNSINGER-Okay. Is there anything else you wanted to add? MR. OEHLER-We will be planting some, like Laura said, something that's going to hold back vegetation. We really shouldn't have any stormwater problems because we're not replacing, we're not doing anything different than what's there, so, and we've never had an issue with anything of stormwater there as it is, but we are going to put those in there, just to make sure that, you know, if there ever was any water coming down the backside of that house, there would be something to hold it back. MR. HUNSINGER-Okay. Questions, comments from the Board? We were pretty much okay with this when we recommended it to the Zoning Board. So, you know, what you've done is minimize the impact. MR. OEHLER-Greatly, we've greatly minimized the impact. I mean, by taking the roof system off that porch, and making that deck, the middle deck much smaller, it has minimized it greatly. MR. HUNSINGER-Yes. No questions or comments from the Board? MR. TRAVER-No. MR. HUNSINGER-Okay. We do have a public hearing scheduled this evening. Is there anyone in the audience who wishes to address the Board? PUBLIC HEARING OPEN MR. HUNSINGER-1 don't see any hands. Laura, any comments, written comments? MRS. MOORE-No written comments. MR. HUNSINGER-We will open the public hearing and we will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-And let the record show no comments were received. This is a Type 11 SEAR so no SEAR review is required, and unless there's anything else from the Board, a motion would be in order. RESOLUTION APPROVING SP # 72-2014 BILL OEHLER An application has been made to the Queensbury Planning Board for Site Plan approval: Applicant has revised plans for removal and to re-build a new 684 sq. ft. attached porch and deck area with stairs. Pursuant to Chapter 179-6-050 of the Zoning Ordinance hard surfacing within 50 feet of the shoreline shall be subject to Planning Board review and approval. As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation in December 2014 -No County Impact; SEAR Type 11 - no further review required; The Planning Board made a recommendation to the Zoning Board of Appeals on 12-18-2014; the ZBA approved the variance requests on 2-18-2015; The Planning Board opened a public hearing on the Site plan application on 12-18-2014 and continued the public hearing to 2-24-2015 when it was closed; The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 2-24-2015; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 179-9-080 of the Zoning Ordinance for Site Plan approval as further discussed below 7 (Queensbury Planning Board 02/24/2015) MOTION TO APPROVE SITE PLAN NO. 72-2014 BILL OEHLER FOR GREGORY FRANCIS, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: Per the draft provided by staff conditioned upon the following: 1) Waivers granted: g-lighting, k-contours, m-land use districts, n-traffic, o- construction/alteration, p-floor plans, and s-snow removal 2) 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. 3) Adherence to the items outlined in the follow-up letter sent with this resolution. Duly adopted this 24th day of February, 2015 by the following vote: MRS. MOORE-You should note whether you're granting or denying the waivers. MR. HUNSINGER-1 was going to say the same thing. Thank you. MR. SCHONEWOLF-I can't do both in the same motion? MR. HUNSINGER-Yes, it's right here, waivers granted. MR. SCHONEWOLF-Yes, I can do that, yes. We granted the waivers. MR. HUNSINGER-Okay. MR. TRAVER-I'll second the motion. AYES: Ms. White, Mr. Ferone, Mr. Traver, Mr. Deeb, Mr. Schonewolf, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-You're all set. Good luck. MR.OEHLER-Thank you, folks. MR. HUNSINGER-Thank you. The next item under Tabled Items is Site Plan 11-2015. SITE PLAN NO. 11-2015 FRESHWATER WETLANDS 1-2015 SEAR TYPE UNLISTED MICHAEL LIA, THE LIA AUTO GROUP AGENT(S) JOSHUA O'CONNOR, INGALLS & ASSOCIATES, LLP OWNER(S) WILLIAM LIA, SR. ZONING Cl LOCATION 373 DIX AVENUE APPLICANT PROPOSES TO CONSTRUCT A 17,785 SQ. FT. NEW AUTO DEALERSHIP WITH ASSOCIATED SITE WORK. SITE PLAN/FRESHWATER WETLANDS: PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE AUTO SALES & SERVICE AND HARD SURFACING WITHIN 50 FEET OF WETLAND AND FRESHWATER WETLAND FOR WORK WITHIN 100 FEET OF WETLAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 14-04, SB 2-04, SB 23-89 WARREN CO. REFERRAL FEBRUARY 2015 APA, CEA, OTHER NWI WETLANDS LOT SIZE 13.35 +/-ACRES TAX MAP NO. 303.16-1-11 SECTION 179-3-040 JOSHUA O'CONNOR, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant has provided us an updated size of the building and the updated information for the Board so you can see the color scheme on the front of the building. MR. HUNSINGER-Okay. Good evening. MR. O'CONNOR-Good evening, Mr. Hunsinger. As we discussed last week, I made the final revisions to the site plan, in light of the modification in the square footage of the footprint. Taking a closer look at it, just to give you an overview of what it was, like I said, the node on the side of the building increased by 10 feet in width, actually, and that expansion went to the east and the west. It decreased the setback on the side from 96 to 85 feet, pardon me, that's on the 8 (Queensbury Planning Board 02/24/2015) east side, and the building is three feet closer on the west side than it was previously. The increase in square footage is less than 1,000 square feet. It's now 18,622, versus what we had on the plan last week, 17,785. Aside from that, I revised the stormwater calculations and reports. That's all ready to go back to Chazen. Our comments are completed as far as that goes. I don't foresee any problems with that. Grading plans and other requisite plans have been updated. So we should be all set with the plans as they stand today. MR. HUNSINGER-Okay. Questions, comments from the Board? MR. DEEB-Can we just re-visit the traffic pattern solution? I'm really concerned about the traffic at that corner. MR. O'CONNOR-Okay. MR. DEEB-And maybe see if we can come up with something that, tell me what, I see you have the one ingress and egress at one spot, right across from McDonald's. Correct? MR. O'CONNOR-Yes, and which also, McDonald's shares its entrance with the adjacent plaza also, which is the beverage center. MR. DEEB-So on egress, you can turn right or left? MR. O'CONNOR-Yes. MR. DEEB-But traffic really backs up quite a bit from that light at all times during the day, and I'm thinking, how are they going to get out? MR. O'CONNOR-That may, at times, prove difficult or more difficult for somebody. We're all confronted with that dilemma. I don't think that, I guess our primary concern is whether or not we're increasing, in a significant way, we're increasing the peak hour traffic from an analysis standpoint. As far as making it simpler, the larger issue is, you know, you're, the options available to you for decreasing the time of service at that intersection, which would relieve the congestion problem, are, you know, they're significant projects, and they're not in the scope of, you know, you'd need a roundabout or an additional slip lane to the right. There are these, you know, there are significant projects you could undertake to relieve that issue. I don't, unless it was signalized, I don't see how there's anything in the scope of this type of development that would ease a right turn or a left turn out of that. Generally speaking a left turn should be more simple, simply because you have the light controlling from the intersection of Dix Ave. and 254 to the west. So you'll see breaks in traffic from that side. If there was a light controlling on the other side of Dix Ave., that would, you know, the other side of the intersection, that could be beneficial as well, but aside from that, I don't really have an answer for how that would be more, how that could be simplified. MR. DEEB-Did you discuss moving the entrance to the eastern end of the lot? MR. SCHONEWOLF-Yes, we talked about that, because that's right across from that other driveway. MR. DEEB-Which one? MR. TRAVER-Yes, I think that would add to the. MR. SCHONEWOLF-That would just make the problem worse. MR. TRAVER-I'm looking in your application narrative here, and you speak about, your analysis says that you envision a total of 48 trips generated with 22 of those entering and 26 exiting, and I'm quoting here, it's anticipated that the additional traffic would be a small percentage of the peak hour traffic. MR. O'CONNOR-Yes. That's peak hour trip generation. MR. TRAVER-Right. MR. SCHONEWOLF-Which is not enough to generate a traffic light, or a roundabout. Not even close. MR. O'CONNOR-No. You may have a need there, but the increase that we're proposing doesn't generate that. There may, honestly I can't disagree that there is a congestion problem in that intersection, and, you know, at this point, the LIA's are aware of it and they're proceeding 9 (Queensbury Planning Board 02/24/2015) at their risk. I don't see it causing a problem with, you know, there isn't a traffic accident issue there and the cars aren't moving fast enough where they'd be significant an increased risk of collision or that sort of thing. It may be frustrating for the LIA's. It may motivate them to do something or attempt to do something about it in the future, but as it stands, that's the way it is, and they're willing to take that risk. MR. SCHONEWOLF-Well, it's not their risk. MR. O'CONNOR-As far as the impact on. MR. SCHONEWOLF-Business. MR. O'CONNOR-Right, their venture. MR. SCHONEWOLF-Most of the accidents are at the corner, coming up that road. MR. DEEB-We seem to be at an impasse there, but what about your deliveries with the big tractor trailers bringing in inventory? Are they going to come in at a specific time of day, or are they, would they do it at night? MR. O'CONNOR-Generally speaking, they're going to be evening deliveries. They want off hour deliveries. MR. DEEB-That's what I was wondering. MR. O'CONNOR-Yes, there's a liability issue there, and they're on loading, offloading trucks and vehicles, you know, during business hours. They don't want that. MR. DEEB-Well, yes, and I think that's a good idea. I notice when deliveries are made on Quaker Road to some of those franchises, those tractor trailers park on Quaker Road to on load and offload, which is very dangerous, and I know you're not doing that here. You've made provisions where they'd come in, go around and come out. MR. O'CONNOR-We've made provisions for that. MR. DEEB-As long as they could do it at off hours where it wouldn't impact, because getting out, those big trucks trying to get out, it could be difficult, but if traffic is less. MR. O'CONNOR-Right. Part of the reason, and you ask about, you know, moving the entrance to the other side of the site. It was discussed. Frankly, I didn't have a preference, per se, aside from, it makes more sense to align those entrances. But that said, at the end the LIA's made the call, and their reason is they anticipate future development to the east of the site, and if they put their entrance on the east of the site, we're looking at a conflict in the future. They don't expect a significant conflict with the Dunkin Donuts, but that's a really large site that's also zoned commercial, currently used residential and agriculture there, and they anticipate that turning into a larger problem for them in the future than what they would deal with with the Dunkin Donuts, and that was really what framed their decision to go to that side. MR. HUNSINGER-Okay. MR. FERONE-Have you spent any time at the site? I haven't spent any extensive time, but have you ever observed like how people are getting in and out of the Dunkin Donuts parking lot that's already there? MR. O'CONNOR-I've been there, again, I've done work, I'm relatively recently employed by Ingalls. I worked for Bergman Associates for five years. I worked extensively on the Wal-Mart project that's right in the backyard of this project. I did the stormwater, the wetland mitigation monitoring wells project there. I was on that site weekly to bi-weekly for three and a half years. So I've spent some time there, and, yes, there is a traffic issue. It tends to be at lunch. It tends to be first thing in the morning, and it tends to be in the evening, and you know that's your peak hour generators. That's when it happens. Aside from that, you know the last time I was there we had a tractor trailer, a low boy parked on the side of the road. We delivered a piece of heavy equipment to the site. We dug eight test pits and did perc tests, loaded the equipment back on and left without any issue. So, you know, I think for the, you know, nine of the ten hours that the site's going to be in operation, and of course today there aren't going to be any perceptible traffic problems, but, yes, a couple of hours of the day there potentially are, you know, and seasonally, too. MR. FERONE-Is there going to be a stop sign on there? 10 (Queensbury Planning Board 02/24/2015) MR. O'CONNOR-Generally speaking there's, you know, we don't, for a commercial business, we don't usually put one there, but it certainly can happen. MR. FERONE-1 don't know if it would be helpful or not. MR. O'CONNOR-Well, we can put a stop sign. Actually, did I show one? I don't recall if I did. MR. SCHONEWOLF-It would be good for business if they just run out on the road, then you can sell another car. MR. DEEB-Yes. MR. TRAVER-Unless they're taking a test drive. MR. SCHONEWOLF-Yes, unless they're taking a test drive. MR. O'CONNOR-Generally for commercial development I wouldn't put one, unless we're dedicating it, part of the intersection, part of the roadway or utilities in the intersection. Usually not subject to those requirements. We can do that. I don't have an issue. DOT would require that we put a stop bar and sign if there was a DOT right of way. MR. HUNSINGER-Right. Any other questions, comments from the Board? I appreciated the color scheme. MR. O'CONNOR-And that's what is going to happen. It is as accurate as my printer will print, anyway, but I mean you specify the actual colors. MR. O'CONNOR-Yes, the swatch number. MR. SCHONEWOLF-You're working with aluminum. You're limited. MR. HUNSINGER-Any other questions, comments? Any Staff concerns? MRS. MOORE-No, just noting in your resolution to make sure you change the square footage to 18,622. MR. SCHONEWOLF-Where is that? MRS. MOORE-On the resolution when you get to it. MR. O'CONNOR-And just to draw your attention to one other thing, in the interest of full disclosure, we did add an oil/water separator, which is required for the trench drains in their maintenance area, floor drains. So I added an oil/water separator and a holding tank. They don't tie into any other utilities. They're just, and we made them as large as we could, bearing in mind the typical size of a pumping truck. So they're two 2,000 gallon tanks. So hopefully they only have to pump once or twice a year. MR. HUNSINGER-Any other comments, concerns? We also have a public hearing scheduled on this project. Is there anyone in the audience that wishes to address the Board? PUBLIC HEARING OPEN MR. HUNSINGER-1 see no takers. Any written comments? MRS. MOORE-No written comments. MR. HUNSINGER-Okay. Let the record show no comments were received. We'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is an Unlisted action. Were there any environmental concerns that anyone identified that we have not discussed? MR. TRAVER-No, I don't think so. MR. HUNSINGER-Okay. Would anyone like to make a SEAR motion? 11 (Queensbury Planning Board 02/24/2015) RESOLUTION APPROVING SEAR FOR SP # 11-2015 FWW 1-2015 MICHAEL LIA The applicant proposes Applicant proposes to construct an 18,622 sq. ft. new auto dealership with associated site work. Site Plan/Freshwater Wetlands: Pursuant to Chapter 179-3-040 of the Zoning Ordinance Auto Sales & Service and Hard surfacing within 50 feet of wetland and Freshwater Wetland for work within 100 feet of wetland shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Short EAF has been completed by the applicant; Part 2 of the Short EAF has been reviewed by the Planning Board; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO APPROVE A NEGATIVE DECLARATION FOR SITE PLAN 11-2015 AND FRESHWATER WETLANDS 1-2015 MICHAEL LIA-LIA AUTO GROUP, Introduced by Paul Schonewolf who moved for its adoption, seconded by Stephen Traver: Correcting the resolution by Staff, it's an 18,622 square foot dealership. Duly adopted this 24th day of February, 2015, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Schonewolf, Mr. Traver, Mr. Ferone, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-Are there any other questions or comments that the Board wanted to provide? If not, are you ready for a motion for approval? RESOLUTION APPROVING SP # 11-2015 FWW 1-2015 MICHAEL LIA AUTO GROUP An application has been made to the Queensbury Planning Board for Site Plan approval for construction of an 18,622 sq. ft. new auto dealership with associated site work. Site Plan/Freshwater Wetlands: Pursuant to Chapter 179-3-040 of the Zoning Ordinance Auto Sales & Service and Hard surfacing within 50 feet of wetland and Freshwater Wetland for work within 100 feet of wetland shall be subject to Planning Board review and approval. As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 2-17-2015 and continued the public hearing to 2-24-2015 when it was closed; The Planning Board has reviewed the potential environmental impacts of the project, pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration - Determination of Non-Significance; The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 2-17-2015; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 179-9-080 of the Zoning Ordinance for Site Plan approval approved as further discussed below 12 (Queensbury Planning Board 02/24/2015) MOTION TO APPROVE SITE PLAN NO. 11-2015 & FRESHWATER WETLANDS 1-2015 MICHAEL LIA - THE LIA AUTO GROUP, Introduced by Paul Schonewolf who moved for its adoption, seconded by Stephen Traver: Per the draft provided by staff conditioned upon the following: 1) Recognizing that the size of the dealership is 18,622 square feet; 2) Waivers request granted: maintain a 15 ft. buffer on the east property line versus a 50 ft. as the adjoining use currently is an existing house; 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; 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) As-built plans to certify that the subdivision is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; 9) Adherence to the items outlined in the follow-up letter sent with this resolution Duly adopted this 24th day of February, 2015, by the following vote: AYES: Ms. White, Mr. Deeb, Mr. Ferone, Mr. Traver, Mr. Schonewolf, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-You're all set. Good luck. MR. O'CONNOR-Thank you very much. MR. HUNSINGER-Thank you. We have two items under Old Business Requiring a Public Hearing. OLD BUSINESS REQUIRING A PUBLIC HEARING: SUBDIVISION NO. 2-2015 PRELIMINARY/FINAL STAGE SEAR TYPE UNLISTED WARREN COUNTY OWNER(S) SAME AS APPLICANT ZONING RR-5A LOCATION GURNEY LANE APPLICANT PROPOSES SUBDIVISION OF A 39.85 ACRE PARCEL INTO TWO LOTS OF 8.18 & 31.67 ACRES. PURSUANT TO CHAPTER A-183 OF THE ZONING ORDINANCE SUBDIVISION OF LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REF AV 6-15 APA, CEA, OTHER STREAM OVERLAY LOT SIZE 39.85 +/-ACRES TAX MAP NO. 288.-l-51, 49 SECTION CHAPTER A-183 MARTIN AUFFREDOU, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-1 just want the record to show that I am a full time employee of Warren County, and as such I will be abstaining from any discussion or vote on this project, and I will turn the floor over to our Vice Chairman, Mr. Traver. MR. TRAVER-Thank you, Mr. Chairman. Good evening, gentlemen. Laura? 13 (Queensbury Planning Board 02/24/2015) MRS. MOORE-So this applicant has requested a subdivision of a 39.85 acre parcel into two lots, 8.18 and 31.67. The Zoning Board did approve the variance request, and under Planning Board Review, the applicant has requested waivers from items such as two foot contours, construction details, landscape plan, clearing plan, etc. MR. TRAVER-All right. Thank you. Good evening. MR. AUFFREDOU-Good evening. MR. TRAVER-1 see we did the environmental review, SEAR, and the last time you were here and we issued a Negative Declaration. You went to the ZBA and got your variance. Do you have anything to add? MR. AUFFREDOU-At this point, no. I think we are here to answer any questions that the Board may have. It's our understanding you have a public hearing this evening on this. MR. TRAVER-So we're looking at Preliminary and Final stage approval for the subdivision. Do Board members have any comments or questions on this? I know we looked at it prior to making our recommendation to the ZBA. MR. FERONE-1 think we reviewed it pretty thoroughly last week. So I have no questions. MR. DEEB-Is there any way we could bring the airport issue in on this or no? And see what we can do. MR. AUFFREDOU-We're hoping the answer to that is no. MR. TRAVER-All right. Well, not hearing any, well, let's see, we have a public hearing that is still open, I believe. Is there anyone in the audience that would like to comment on this application? PUBLIC HEARING OPEN MR. TRAVER-All right. Hearing none, do we close the public hearing before Preliminary or before Final, or does it matter? MRS. MOORE-You can close it now. MR. TRAVER-Okay. Then we will close the public hearing and will consider a resolution on Preliminary Stage. RESOLUTION APPROVING SUB #2-2015 PRELIMINARY STAGE WARREN COUNTY A subdivision application has been made to the Queensbury Planning Board for the following: Applicant proposes subdivision of a 39.85 acre parcel into two lots of 8.18 & 31.67 acres. Pursuant to Chapter A-183 of the Zoning Ordinance subdivision of land shall be subject to Planning Board review and approval. 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; The requirements of the State Environmental Quality Review Act have been considered and the Planning Board adopted a SEQRA Negative Declaration on 2-17-2015; A public hearing was scheduled and held on 2-17-2015 & left open for 2-24-2015; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SUBDIVISION NO. 2-2015 PRELIMINARY STAGE WARREN COUNTY, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: Per the draft provided by staff conditioned upon the following: 1. Waiver requests: two foot contours, construction details, Landscape plan, clearing plan, grading & sediment control plan, stormwater management & SWPPP. 14 (Queensbury Planning Board 02/24/2015) Duly adopted this 24th day of February, 2015, by the following vote: AYES: Mr. Ferone, Ms. White, Mr. Deeb, Mr. Schonewolf, Mr. Traver NOES: NONE ABSENT: Mr. Magowan, Mr. Hunsinger MR. TRAVER-And next we have Final Stage. RESOLUTION APPROVING SUB #2-2015 FINAL STAGE WARREN COUNTY A subdivision application has been made to the Queensbury Planning Board for the following: Applicant proposes subdivision of a 39.85 acre parcel into two lots of 8.18 & 31.67 acres. Pursuant to Chapter A-183 of the Zoning Ordinance subdivision of land shall be subject to Planning Board review and approval. 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. The requirements of the State Environmental Quality Review Act have been considered and the Planning Board adopted a SEQRA Negative Declaration on 2-17-2015; The Planning Board made a recommendation to the Zoning Board of Appeals on 2-17-2015; the Zoning Board of Appeals approved the variance requests on 2-18-2015; A public hearing was scheduled and held on 2-17-2015 & 2-24-2015; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SUBDIVISION NO. 2-2015 FINAL STAGE WARREN COUNTY, Introduced by Paul Schonewolf who moved for its adoption, seconded by George Ferone: Per the draft provided by staff conditioned upon the following: 1. 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. 2. Adherence to the items outlined in the follow-up letter sent with this resolution. Duly adopted this 24th day of February, 2015, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Ferone, Mr. Schonewolf, Mr. Traver NOES: NONE ABSENT: Mr. Magowan, Mr. Hunsinger MR. TRAVER-Good luck gentlemen. MR. AUFFREDOU-Thank you, and our thanks to your Staff as well for all of their excellent assistance. MR. SCHONEWOLF-You guys have had a big week. MRS. MOORE-Does this Board want me to provide information about the next application? MR. DEEB-Yes. MS. WHITE-Yes, please. SITE PLAN NO. 10-2015 SEAR TYPE UNLISTED J.H. LAND DEVELOPMENT, LLC AGENT(S) NACE ENGINEERING OWNER(S) SAME AS APPLICANT ZONING MDR; LC- 10A LOCATION 321 STATE ROUTE 149 APPLICANT PROPOSES AN ADDITIONAL 72 CAMPSITES ON A 42 ACRE PARCEL. THE APPLICANT PROPOSES TO COMBINE LOTS, 15 (Queensbury Planning Board 02/24/2015) ETC. PURSUANT TO CHAPTER 179-3-040 & 179-10-020 OF THE ZONING ORDINANCE SITE PLAN REVIEW IS REQUIRED FOR ALL SPECIAL USE PERMITS & CAMPGROUND REQUIRES A SPECIAL USE PERMIT AND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 7-15, UV 98-92 WARREN CO. REFERRAL FEBRUARY 2015 APA, CEA, OTHER STREAM OVERLAY LOT SIZE 98.89 ACRES TAX MAP NO. 278.-l-14, 18 SECTION 179-3-040, 179-10-020 TOM NACE, REPRESENTING APPLICANT, PRESENT MRS. MOORE-The application for the RV campsites was approved by the Zoning Board in reference to the permeability. It was at 89.94 percent and the Code requires 95%. This application the Board may consider clarification on the site landscaping and the Board may also consider the validity for the special use permit-permanent, temporary or renewable. MR. TRAVER-Is the applicant here for J.H. Land Development? Go ahead. MR. NACE-Sorry, we were waiting for your Chairman. MR. TRAVER-Well, we are, too, but we only have so much patience. MR. SCHONEWOLF-And so much time. MR. TRAVER-I'm sure he'll be right in. MR. HUNSINGER-Good evening. MR. NACE-Good evening. Tom Nace of Nace Engineering, Lucas Dobie and Richard Hughes, owner. We're proposing a 72 site RV campground addition to an existing campground Ledgeview that has 150 sites. The water and sewer are all on site. Sewer will be a series of small systems serving several sites with each system. Water will be an extension to the existing water distribution and supply for the existing campground, and stormwater will be handled on site. The soils are good, and we'll be collecting stormwater as close to the point where it falls on the ground as possible, putting into small swales serving each site or combination of sites, and letting infiltrate into the good sandy soil, and we'll be glad to answer any questions you have. MR. HUNSINGER-Okay. Questions, comments from the Board? Nothing? MS. WHITE-They were pretty much asked last week. MR. HUNSINGER-The only question I had was on landscaping. On your site plan, you do a pretty good job of showing where the existing trees are. MR. NACE-Correct. MR. HUNSINGER-But there was a comment in here, clearly some of them will be removed. Is there any plans to replace any trees or to add any new trees? MR. NACE-John Hughes has done a good job, as you can see in the old part, of replanting and filling up the buffers and landscaping, and I'm sure he'll try and do the same type of thing with the new addition. Trying to plan out exact landscaping until you get there and see it, or grade it off and scrubbed it, I'd kind of like to leave that up to his purview to make the park nice. I don't know if you have anything to add to that. RICHARD HUGHES MR. HUGHES-We typically, once we get all our sites set and stuff, we'll replant. We've got probably a five acre plot where we've got some good pine saplings that are probably about four to five foot tall right now that we're planning on transplanting once we get our sites set up. So it will give us some buffers and, you know, just some nice appearance as you go through. So we're constantly transplanting new growth from the property into different locations at all times. MR. HUNSINGER-Are those mostly white pine? MR. HUGHES-Yes. MR. HUNSINGER-It's amazing how the white pines have grown up across the street. 16 (Queensbury Planning Board 02/24/2015) MR. HUGHES-Overnight they showed up. I don't know what happened. They just keep replenishing. MR. NACE-1 grew up on a tree farm, and they're the fastest growing of all our evergreens. MR. HUNSINGER-Anything else? We do have a public hearing scheduled this evening. Is there anyone in the audience that wishes to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-No hands. Any written comments? MRS. MOORE-There are no written comments. MR. HUNSINGER-Okay. So we will open the public hearing. Let the record show no comments were received. And we will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is an Unlisted action. There is a draft SEAR resolution in the package. Are there any SEAR concerns? MR. TRAVER-1 don't think so. MR. HUNSINGER-Are you ready, Mr. Secretary? RESOLUTION APPROVING SEAR FOR SP # 10-2015 J.H. Land Development, LLC The applicant proposes an additional 72 campsites on a 42 acre parcel. The applicant proposes to combine lots, etc. Pursuant to Chapter 179-3-040 & 179-10-020 of the Zoning Ordinance Site Plan Review is required for all Special Use Permits & Campground requires a Special Use Permit and shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Short EAF has been completed by the applicant; Part 2 of the Short EAF has been reviewed by the Planning Board; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO APPROVE A NEGATIVE DECLARATION FOR SITE PLAN NO. 10-2015 J.H. LAND DEVELOPMENT, LLC, Introduced by Paul Schonewolf who moved for its adoption, seconded by Stephen Traver: As per the draft provided by Staff. Duly adopted this 24th day of February, 2015, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Traver, Mr. Schonewolf, Mr. Ferone, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-The only other discussion that we need is the term of validity. I don't know if anyone wants to jump right in with a comment. It can either be permanent, temporary, or renewable. 17 (Queensbury Planning Board 02/24/2015) MR. TRAVER-Well, I think in this case it makes sense to make it permanent. MS. WHITE-1 agree. MR. HUNSINGER-1 agree. I mean, consistent with the rest of the uses on their property. MR. DEEB-Yes, it makes sense. MS. WHITE-And considering the investment that they're making. MR. TRAVER-Right. MR. HUNSINGER-Understanding that if the use is discontinued for six months or more I think a special use permit does, but that's in the Code. We don't need to specify that. I agree. I felt the same way that in this case it makes sense to make it permanent. MR. TRAVER-Sure, that's' actually unusual. MR. HUNSINGER-Yes, it is unusual. Any other comments or concerns from the Board? Are you ready? MR. SCHONEWOLF-Yes. RESOLUTION APPROVING SP # 10-2015 J.H. Land Development, LLC An application has been made to the Town of Queensbury Planning Board for Site Plan approval for an additional 72 campsites on a 42 acre parcel. The applicant proposes to combine lots, etc. Pursuant to Chapter 179-3-040 & 179-10-020 of the Zoning Ordinance Site Plan Review is required for all Special Use Permits & Campground requires a Special Use Permit and shall be subject to Planning Board review and approval. As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; received a recommendation of No County Impact dated 2-11-2015; As required by the Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. the Planning Board made a recommendation to the Zoning Board of Appeals on 2-17-2015; the Zoning Board of Appeals approved the variance requests on 2-18-2015; The Planning Board opened a public hearing on the Site Plan application on 2-24-2015 and continued the public hearing to 2-24-2015 when it was closed; The Planning Board has reviewed the potential environmental impacts of the project, pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration - Determination of Non-Significance; The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 2-24-2015; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 179-9-080 of the Zoning Ordinance for Site Plan approval approved as further discussed below MOTION TO APPROVE SITE PLAN NO. 10-2015 J.H. LAND DEVELOPMENT, LLC, Introduced by Paul Schonewolf who moved for its adoption, seconded by Stephen Traver: Per the draft provided by staff conditioned upon the following: 1) Term of Validity: Permanent; 2) 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; 3) Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; 4) 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 18 (Queensbury Planning Board 02/24/2015) 5) 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. 6) 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. 7) Adherence to the items outlined in the follow-up letter sent with this resolution. Duly adopted this 24th day of February, 2015, by the following vote: AYES: Mr. Deeb, Mr. Ferone, Ms. White, Mr. Traver, Mr. Schonewolf, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. NACE-Thank you. MR. HUNSINGER-You're all set. Good luck. We have one item under New Business this evening. NEW BUSINESS: SUBDIVISION 3-2015 SKETCH PLAN REVIEW SEAR TYPE UNLISTED JOSEPH GROSS AGENT(S) VAN DUSEN & STEVES, HUTCHINS ENGINEERING OWNER(S) JP GROSS PROPERTIES, LLC ZONING LC-10A, RR-5A, MDR LOCATION 748 LUZERNE ROAD APPLICANT PROPOSES SUBDIVISION OF A 52.07 ACRE PARCEL INTO 14 LOTS RANGING IN SIZE FROM 2.0 TO 9.66 ACRES. PURSUANT TO CHAPTER A-183 OF THE ZONING ORDINANCE SUBDIVISION OF LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE NONE FOUND APA, CEA, OTHER APA WETLANDS, STREAM OVERLAY LOT SIZE 52.07 ACRES TAX MAP NO. 307.-1-22 SECTION CHAPTER A-183 LUCAS DOBIE, REPRESENTING APPLICANT, PRESENT; JOE GROSS, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant is proposing subdivision of a 52 acre lot with 14 lots with lot sizes ranging from 2.0 to 9.66 acres, and Staff comments, the project does contain areas of steep slopes, and a possible wetland that would be used to determine the number of lot. There a potential for variances on this subdivision. MR. HUNSINGER-Good evening. MR. DOBIE-Thank you, Mr. Chairman. Good evening. For the record, Lucas Dobie with Hutchins Engineering with the landowner Joe Gross. You may know him. He's done quite a bit of work over on Silver Circle, redeveloping that neighborhood, and we're branching out a little bit, if you will, towards West Mountain. Joe picked up a 50 acre parcel on the, just headed up Luzerne Road, before it starts to get really twisty and steep, and we're mostly in the MDR zone for two acre zoning. That's where we're concentrating the residential development. We propose a connector road from the end of Lilac Lane, horseshoeing, doing a half a horseshoe back out to Luzerne Road near the existing residence which has the driveway that's a little bit overgrown now and it's not plowed. So it's a little difficult to see it but it's over the lower slope portion of the site, just below the water tower. We have approximately 24 acres in the MDR zone for our two acre zoning to the way our rough calculations we're allowed 12 lots in there, and we meet all the minimum lot size, so no variances are going to be requested there at this point, and where the property gets steeper up along Luzerne Road, that turns into the 10 acre zoning and then back to the five acre near Tuthill Road and we're proposing two large rural forested lots, if you will, with one lot accessing off of Tuthill Road, and one off of Luzerne Road, and our road length is approximately 1300 feet we'll have for Town water and then onsite sewer systems, and I'll keep it simple at that and be happy to entertain any questions from the Board. 19 (Queensbury Planning Board 02/24/2015) MR. HUNSINGER-Okay. Questions, comments from the Board? I think the most obvious comment has already been pointed out by Staff. Depending upon the slopes, you know, that may reduce the ability to put in as many lots as you propose, but until you get to that calculation, it's kind of hard to know, if it's going to result in that or not. MR. DOBIE-Certainly VanDusen and Steves overlaid the USGS topography and as I understand the plan is to do the field topo in the spring and we'll re-visit our slopes for taking the 20% slopes out of our density per the subdivision code and we'll pack in our numbers and see where we are. We feel this is a, particularly over the lower portion, a very reasonable layout, to have 100 feet of road frontage. We're at about 175 per lot, and we feel it's in general conformance with the neighborhood. Actually the lot sizes are about twice the. MR. HUNSINGER-1 was going to say, they're actually bigger than what's there. I think the road layout that you propose makes sense, too. MR. FERONE-Even though Lot 11 has some frontage on Luzerne Road, you would push the entrance to be on your new road, right, your, and you wouldn't have it come out on Luzerne Road? MR. DOBIE-That's correct. MR. FERONE-Even Lot 13. 1 drove up there on a snowy day. I couldn't get halfway up the road, had to turn around, but that's a rough stretch of road to get in and out of. MR. DOBIE-Yes, I was up there today, and it's a little tricky up on the top end, no doubt about it. So we're going to certainly look really hard at that one and find a good point of access for our sight distance and driveway slope, that sort of thing. JOE GROSS MR. GROSS-Ideally from the top half it's pretty, you know, it's a Town road. It's definitely the road we all probably stay away from in the wintertime, coming down that hill, you hope you're going to stop, but there are some beautiful views at the top. MR. HUNSINGER-Yes. MR. GROSS-Because I live over on Thunderbird Drive. It's the same plateau, per say, and it's just beautiful, it's absolutely beautiful. We've got some really beautiful land in Queensbury. I think these two lots are probably two of them. MR. HUNSINGER-Any other questions or comments? MR. GROSS-1 would even think Lot 12 and 2 we would push them to, everything would access off of the new road. So that would probably be the only Luzerne, well, I take that back. Most likely you would try to promote Lot One to come off of Twin Mountain. The way it's laid out, that might be one where they might request, that person might want to come off of Luzerne Road. That's the flattest part. MR. FERONE-But that's a manageable piece of road. MR. HUNSINGER-Yes, well, and it does make sense to have, most of the new lots to have access off the new road. MR. GROSS-It will give it a nice curb appeal, too. MR. HUNSINGER-Yes. MR. GROSS-Two acre lots in an area where most people are working with quarter acre, half acre, definitely one acre at the most. So that would give it a nice curb appeal, the new road. MR. HUNSINGER-Yes. Any other concerns from Staff that weren't identified in the notes? MRS. MOORE-No, it was primarily slopes. MR. HUNSINGER-Yes. MR. DOBIE-Could I ask a question for Staff and possibly for the Board? MR. HUNSINGER-Absolutely. 20 (Queensbury Planning Board 02/24/2015) MR. DOBIE-I'm just trying to work through the SEAR Lead Agency status, how that works in the process. Generally, as I understand it, the Planning Board likes to be the Lead Agent. MR. HUNSINGER-Right. MR. DOBIE-And we've gotten caught on a few of these where we lose a month or there declaring Lead Agency, back and forth. My question is is it feasible for us to, or how much information do you need to become, to declare yourselves the Lead Agent? Do you need, can we submit a request, a formal request, to hear just that resolution at one meeting while we're working through our topo and engineering, that sort of thing, so we, because we're going to be a couple of months out before we're ready to come back with the full blown Preliminary submission. I didn't know if that was somewhat of a preliminary thing that could be done before we come in with the full blown plans so we could streamline the process at all. I'm just asking that question. MR. HUNSINGER-There's really no other review, is there? Just the Town subdivision. MRS. MOORE-Well, it'll be, it's potentially possible it would be with the Zoning Board. MR. HUNSINGER-Right. MRS. MOORE-Your review process. So, yes, you lose a month if you do the request for Lead Agency status from the Planning Board to the Zoning Board. You lose a whole month because you typically wait 30 days. Again, if all agencies return the responses prior to 30 days, then there's no need to wait for the 30 days. It is something we talked about at Staff level. Sol think we can possibly discuss it further and provide the applicant with an answer. MR. HUNSINGER-Yes. I mean, at this point in time, though, you're not looking for anything from the Zoning Board. That's why I was saying what other approvals are necessary? MR. DOBIE-And we'll have Department of Health will be one of the agencies, too. MR. HUNSINGER-Right. MR. DOBIE-1 was just wondering if we could get that time clock going. MR. HUNSINGER-Sure. MR. DOBIE-If you will, while we're doing our fieldwork, that sort of thing. We'll discuss that further with Staff certainly. MR. HUNSINGER-1 mean, we typically don't have an issue with requests for Lead Agency status, even with limited information. MRS. MOORE-Right. So it is possible maybe that's something we'll discuss through March. MR. HUNSINGER-Yes, so you can work that through with Laura, but, I mean, I can't speak for the whole Board, but typically we like to be the Lead Agent. So I don't think you can anticipate any issue there. MR. FERONE-Does any of this property fall in the Adirondack Park? I know someplace up there, the mountain. MR. DOBIE-Yes. The entire parcel's in the Adirondack Park, yes, just by a few hundred feet to the south of the blue line, but, yes, so we have to do our jurisdictional with them, certainly. MR. FERONE-With them. MR. HUNSINGER-Any other thoughts, concerns from Board members? MR. SCHONEWOLF-You've got a lot of work to do. MR. DOBIE-That we do. MR. HUNSINGER-It's a nice project, though. I was quite surprised to see that there was that much land still available at the Town. MR. GROSS-It's almost like it was meant to be with Lilac Lane just ending there with the circle. 21 (Queensbury Planning Board 02/24/2015) MR. HUNSINGER-Yes, right. MR. GROSS-It seems like a natural. MR. HUNSINGER-Almost like it was planned. MR. GROSS-It was planned but nobody ever, they didn't follow through, you know. I would presume the Town Highway Department would like it for plowing. MR. HUNSINGER-Yes. MR. GROSS-It's a straight shot right through. MR. HUNSINGER-Okay. Unless there's anything else. MR. TRAVER-No. MR. HUNSINGER-1 guess we're all set. MR. DOBIE-All right. Thank you very much for your time. MR. HUNSINGER-So, I mean, you're clear on deadlines and when things need to be submitted, and if you have any questions just work them out with Laura and we'll see you when you're ready. Okay. MR. DOB IE-We'll get our stuff together. Thank you. MR. HUNSINGER-Thank you. Is there any other business to be brought before the Board? MR. FERONE-1 have a question. So on this special meeting coming up on March 10tH MR. HUNSINGER-March 10th, yes. MR. FERONE-That's just for public comment? MR. HUNSINGER-No, it'll be, well, go ahead, Laura. MRS. MOORE-Due to the fact that it includes a zoning change of the ordinance language, you will open your public hearing and leave it open, take your public comment. The Town Board. MR. FERONE-They have to make their decision on the zoning change. MRS. MOORE-Well, we also need to wait, get your 30 days completed or receive all your responses from those other agencies prior to you completing SEAR. So within that timeframe you complete SEAR in March at some point with this project. So then it would go back to the Town Board for them to finish up their project, but at some point during March you'll complete SEAR on this project. The first meeting, the 10th, you'll probably take public comment, but another meeting within March you'll complete the SEAR. MR. FERONE-So in another meeting in March they'll be on the agenda again. MRS. MOORE-Yes. MR. HUNSINGER-Okay. MR. SCHONEWOLF-So Tom Center's going to make the presentation, right? MRS. MOORE-It's possible. MR. HUNSINGER-Well, he was here the other night. MRS. MOORE-Yes, but there's obviously other representatives also. MR. HUNSINGER-Sure. Okay. Would someone like to make a motion to adjourn? MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF FEBRUARY 24, 2015, Introduced by Paul Schonewolf who moved for its adoption, seconded by George Ferone: 22 (Queensbury Planning Board 02/24/2015) Duly adopted this 24th day of February, 2015, by the following vote: AYES: Mr. Deeb, Mr. Ferone, Ms. White, Mr. Traver, Mr. Schonewolf, Mr. Hunsinger NOES: NONE ABSENT: Mr. Magowan MR. HUNSINGER-Thank you, everybody. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman. 23