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05-19-2015 (Queensbury Planning Board 05/19/2015) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING MAY 19, 2015 INDEX Site Plan No. 27-2015 David Dawkins & Alyssa Barber-Dawkins 1. ZBA RECOMMENDATION Tax Map No. 296.13-1-67 Subdivision No. 5-2015 Lynne Fish & Wendy Schmidt 4. PRELIM & FINAL STG. Tax Map No. 279.17-1-1, 7 ZBA RECOMMENDATION Site Plan No. 31-2015 Thomas Kubricky 6. ZBA RECOMMENDATION Tax Map No. 227.13-2-24 Site Plan No. 23-2015 David R. Kelly; Sally Kelly 8. Tax Map No. 239.15-1-3 Site Plan No. 24-2015 William Rudenko 10. Tax Map No. 301.8-1-34 Site Plan No. 25-2015 C.R. Bard 13. Tax Map No. 302.8-1-3 Site Plan No. 26-2015 Martha's Dandee Cr6me 16. Tax Map No. 295.12-1-3 Site Plan No. 28-2015 James & Joan Meyer 27. Tax Map No. 227.17-1-9.4 Site Plan No. 30-2015 T. Craig Jenkin 31. Tax Map No. 290.14-1-7.1 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 05/19/2015) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING MAY 19, 2015 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN PAUL SCHONEWOLF, SECRETARY STEPHEN TRAVER BRAD MAGOWAN GEORGE FERONE DAVID DEEB THOMAS FORD LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. HUNSINGER-I'll call to order the meeting of the Town of Queensbury Planning Board on Tuesday May 19, 2015. For members of the audience, welcome. I'd like to remind everyone to turn off their cellphones or put them on vibrate so they won't interfere or interrupt during the meeting, and we had some complaints at the last meeting about noise from the audience. I would ask for you to keep the noise down and the chatter so that everybody that's in the audience can hear the discussion that's going on up here. We do have several public hearings scheduled tonight. There is a copy of the agenda on the back table and also a public hearing procedure if you plan to speak at the public hearing. We'll go over those procedures when we come to the first public hearing. First order of business is approval of minutes from March 17th and 24th, 2015. Would anyone like to make that motion? APPROVAL OF MINUTES March 17, 2015 March 24, 2015 MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES OF MARCH 17 & MARCH 24, 2015, Introduced by Brad Magowan who moved for its adoption, seconded by Stephen Traver: Duly adopted this 19th day of May, 2015, by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Deeb, Mr. Hunsinger NOES: NONE ABSTAINED: Mr. Ford, Mr. Schonewolf MR. HUNSINGER-We have three items for recommendation to the Zoning Board of Appeals. PLANNING BOARD RECOMMENDATIONS TO THE ZONING BOARD OF APPEALS SITE PLAN NO. 27-2015 SEAR TYPE UNLISTED DAVID DAWKINS & ALYSSA-BARBER DAWKINS AGENT(S) ETHAN HALL-RUCINSKI HALL ARCHITECTURE OWNER(S) JEFFREY SCHWARTZ ZONING CM LOCATION 980 STATE ROUTE 9 SITE PLAN APPLICANT PROPOSES TO REUSE AN EXISTING 3,458 SQ. FT. BUILDING FOR A DAY SPA & TREATMENT FACILITY. SITE AND EXTERIOR BUILDING MODIFICATIONS ARE ALSO PROPOSED. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE CHANGE OF TENANCY AND FAQADE ALTERATIONS SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF REQUESTED FROM THE SETBACK REQUIREMENTS OF THE CM ZONE. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 15- 15, SP 1-14, SV 22-14 WARREN CO. REFERRAL MAY 2015 LOT SIZE 0.86 ACRES TAX MAP NO. 296.13-1-67 SECTION 179-3-040 ETHAN HALL, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? 2 (Queensbury Planning Board 05/19/2015) MRS. MOORE-The applicant proposes to re-use an existing 3,458 sq. ft. building for a day spa and treatment facility. Site and exterior building modifications are also proposed. The nature of the variance is for a setback and fagade improvements and the Planning Board is to provide a recommendation to the Zoning Board in regards to the setback relief for fagade changes. MR. HUNSINGER-Okay. Good evening. MR. HALL-Good evening. My name is Ethan Hall. I'm a principle with Rucinski/Hall Architecture. With me tonight is Alyssa Barber Dawkins. The building that we're looking at is 980 Route 9. It's formerly the E-Spot was in here not too long ago for a Sign/Area Variance. The Dawkins are in the process of purchasing the building from Mr. Schwartz, and are going to do some fagade improvements, one of which is a highlight of the entry area to provide a small shade structure over that to kind of indicate where the main entry to the building is. Because it's kind of a blank fagade right now and kind of nondescript. So it's their intention to highlight that area. I know that Laura has our proposed site plan up on the board. The area in question is right where here arrow is indicating. It's just a very small area. We're actually extending the existing overhang of the building 18 inches to do that fagade. There'll be some ground mounted pillars with some stone on it. I have a rendered front elevation of what we intend to build to look like once it's all done. The colors depicted there are pretty indicative of the colors that they intend to use. So it'll be mostly a cultured stone and EIFS fagade. We're going to take some of those big single pane windows out which aren't very energy efficient and infill them with some panels, leave a few of the windows and the main entry door. That's about it. MR. HUNSINGER-Questions, comments from the Board? MR. FORD-So the coloration is pretty much the way you you've got it here? MR. HALL-Yes. MR. FORD-In the Staff Notes it mentioned that should be clarified. MR. HALL-Yes. MR. FORD-That's pretty much the way it's going to be. MR. HALL-Yes. There's going to be, it's going to be a three color brown and tan mix for the EIFS. The stone will be a tan stone and then we've got some green accents, mainly the ferns that are in the diamond shaped pieces and then the BR for the Body Relief is going to be green signage. MR. FORD-I'm particularly interested in the addition of lighting. Could you address that? MR. HALL-There won't be any additional lighting. We've got some lights that run down the south side of the building, just to light the sidewalk that are crown type fixtures that shine straight down. I know that Laura had mentioned in there about the way the bulb is attached. That bulb has an actual shield on the bottom of it so that the light shines up and that floats down. It's not a direct downlight. It's an indirect direct fixture. So the bulb has an actual shield at the bottom of the bulb so that it's not. MR. FORD-And will they be new? MR. HALL-Yes. MR. FORD-Okay. How many? MR. HALL-There's three along the south side of the building and then there's two more that are in, there's a serenity garden that they're going to have around the back of the building which is just a pavered, grass block pavered area that people can go and sit. It's kind of behind the building and away from traffic. MR. FORD-Which can only be accessed from the interior of the building? MR. HALL-From the exterior of the building. MR. FORD-The exterior of the building only? MR. HALL-Yes. There's no access to it from inside. MR. FORD-Okay. 3 (Queensbury Planning Board 05/19/2015) MR. HALL-It's just a place where people can go after they've had a treatment, they can go and sit and relax. MR. DEEB-Do you know when you're going to put that in, any idea, in the future? MR. HALL-It'll probably be next spring. It won't be this year because they're going to concentrate on getting the fagade done, the exterior of the building done, and then work on the interior of the building so they can get up and operational. I think you're planning to move. ALYSSA BARBER DAWKINS MRS. DAWKINS-Within a year. MR. HALL-Yes. Before end of this year. So there wouldn't be enough time to get that part done on the exterior this year. More than likely it will be next year. MR. FORD-Thank you. MR. HALL-Sure. MR. HUNSINGER-Any other questions or comments from the Board? MR. DEEB-The wooden fence around the garden? MR. HALL-The fence is just more or less a trellis with some plantings on it that can grow up through the trellis. It's not actually a real fence. It's something that, until the vine work grows through it, it would be able to be seen through. MR. DEEB-What about the height? MR. HALL-Eight feet. Yes. MR. DEEB-Thank you. MR. HUNSINGER-So the reason the applicant is before the Planning Board is because of the setback relief for the upgrades on the facade. Are there any specific concerns with that? MR. FORD-No. MR. FERONE-No. MR. DEEB-Eighteen inches is all he's added. MR. MAGOWAN-No, it's going to look beautiful. It does, it looks nice. MR. HUNSINGER-I mean, I just have to say I was surprised the E-Spot left. MR. HALL-With as much work as they went through to get their signage and everything approved, I was as well. MR. HUNSINGER-Yes. MR. HALL-But the building came for sale as opposed to a lease option. So I think that had a lot to do with it. MR. HUNSINGER-Okay. MR. MAGOWAN-It looks very common. How does that sound? I like it. MR. HALL-Thank you. MRS. DAWKINS-Well, we're currently located in the Mt. Royal Plaza. MR. MAGOWAN-Just across the street. MR. HALL-It's a move, but again, it's going from a lease for them to a purchase. So that's where they're headed, and an expansion. The site that they're in, they've just outgrown it. 4 (Queensbury Planning Board 05/19/2015) MR. HUNSINGER-So there's no public hearing scheduled for the project. This is an Unlisted action. I didn't see if there was a SEAR resolution. MRS. MOORE-You're not doing a SEAR this evening. You'll review for Site Plan at the Thursday meeting and do SEAR at that time. MR. HUNSINGER-Okay. With that, are there any questions or concerns? If not, would anyone like to make a recommendation? RESOLUTION RE: ZBA RECOMMENDATION FOR AV# 15-2015 DAWKINS The applicant has submitted an application for the following: Site Plan: Applicant proposes to reuse an existing 3,458 sq. ft. building for a Day Spa & Treatment facility. Site and exterior building modifications are also proposed. Pursuant to Chapter 179-3-040 of the Zoning Ordinance Change of Tenancy and Fagade Alterations shall be subject to Planning Board review and approval. Variance: Relief requested from the setback requirements of the CM zone. Planning Board shall provide a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J2b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 15-2015 DAVID DAWKINS & ALYSSA BARBER DAWKINS, Introduced by Paul Schonewolf who moved for its adoption, seconded by Thomas Ford: The Planning Board has not identified any significant adverse impacts that cannot be mitigated with the current proposal. Duly adopted this 19th day of May, 2015, by the following vote: AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Good luck. MRS. DAWKINS-Thank you. MR. HALL-See you Thursday. MR. HUNSINGER-The next item for recommendation to the Zoning Board is Subdivision 5- 2015. SUBDIVISION NO. 5-2015 PRELIMINARY& FINAL STAGE LYNNE FISH WENDY SCHMIDT AGENT(S) VAN DUSEN & STEVES; HUTCHINS ENG. OWNER(S) SAME AS APPLICANT ZONING RR-3A; WR LOCATION SUNNYSIDE RD. NORTH, DREAM LAKE ROAD SUBDIVISION: APPLICANT PROPOSES SUBDIVISION OF A 14.65 ACRE PARCEL INTO 3 LOTS OF 4.4, 5.8 & 4.5 ACRES. PURSUANT TO CHAPTER A-183 OF THE ZONING ORDINANCE SUBDIVISION OF LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF REQUESTED FOR LOT WIDTH AND ROAD FRONTAGE REQUIREMENTS OF THE RR-3A ZONE. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 21-15 LOT SIZE 14.65 ACRES (12.6 & 2.05) TAX MAP NO. 279.17-1-1, 7 SECTION CHAPTER A-183 TOM HUTCHINS, REPRESENTING APPLICANT, PRESENT; LYNNE FISH, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. This is another Planning Board recommendation. The applicant proposes a three lot subdivision of a 14.65 acre parcel. The Board did review the project at Sketch Plan, and at this time they've made a variance request. The applicant is seeking relief to 5 (Queensbury Planning Board 05/19/2015) maintain 400 foot for the average lot width and road frontage length is associated with Lot Two and Lot Three. MR. HUNSINGER-Good evening. MR. HUTCHINS-Good evening. I'm Tom Hutchins, Hutchins Engineering, here with co-owner Lynne Fish and we were here with a Sketch with this proposal a couple of months ago, maybe a few months ago. We felt it was well received. In the time since then we have improved it somewhat. We have updated our final topography. We re-located the building sites a little bit closer to the road. We revised the driveways we had shown. In the past, we seek your support for our variance requests from the 400 foot lot width. We had 320 and 2 something on two of the lots, and with that, we'll turn it over to questions. Lynne, anything to add? MS. FISH-No. MR. HUTCHINS-Okay. MR. HUNSINGER-Questions, comments from the Board? I saw that you were able to place the driveway for the lot? MR. HUTCHINS-We are, and it's also shorter than the shared. MR. HUNSINGER-Yes, right. MR. FORD-Has there been consideration given to the recommendation to provide at least 10 feet separation from the house foundation for the rain garden? MR. HUTCHINS-Yes, we can do that. MR. HUNSINGER-Other questions or comments from the Board? Any of the Board members have a specific concern with the variance request? Okay. This also is an Unlisted action, and I assume we would do the SEAR. MRS. MOORE-There's a SEAR after the Zoning Board meeting. MR. HUNSINGER-So unless there's any other questions or comments from the Board, a recommendation would be in order. RESOLUTION RE: ZBA RECOMMENDATION FOR AV#21-2015 FISH & SCHMIDT The applicant has submitted an application for the following: Subdivision: Applicant proposes subdivision of a 14.65 acre parcel into 3 lots of 4.4, 5.8 & 4.5 acres. Pursuant to Chapter A-183 of the Zoning Ordinance Subdivision of land shall be subject to Planning Board review and approval. Variance: Relief requested for lot width and road frontage requirements of the RR-3A zone. Planning Board shall provide a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 21-2015 LYNNE FISH & WENDY SCHMIDT, Introduced by Paul Schonewolf who moved for its adoption, seconded by Brad Magowan: The Planning Board has not identified any significant adverse impacts that cannot be mitigated with the current proposal. Duly adopted this 19th day of May, 2015, by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE 6 (Queensbury Planning Board 05/19/2015) MR. HUTCHINS-Thank you. MR. HUNSINGER-Yes, you're welcome. The next item for Recommendation to the Zoning Board is Site Plan 31-2015. SITE PLAN NO. 31-2015 SEAR UNLISTED THOMAS KUBRICKY AGENT(S) ERNEST STANLEY OWNER(S) SAME AS APPLICANT ZONING WR LOCATION 53 ROCKHURST ROAD SITE PLAN: APPLICANT PROPOSES INSTALLATION OF PARKING AND SIDEWALK AREAS ON A 5,587 SQ. FT. PARCEL. A PORTION OF THE INSTALLATION IS WITHIN 50 FEET OF THE SHORELINE. PURSUANT TO CHAPTER 179-6-050 OF THE ZONING ORDINANCE FILLING WITHIN 50 FEET OF THE SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF REQUESTED FROM PERMEABILITY REQUIREMENTS OF THE WR ZONE. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE AV 22-15, AV 1-15, SP 53-14, AV 67-14 WARREN CO. REFERRAL MAY 2015 APA, CEA, OTHER L G PARK CEA, APA WETLANDS, NWI WETLANDS LOT SIZE 0.14 ACRES TAX MAP NO. 227.13-2-24 TOM KUBRICKY, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant proposes the installation of parking areas and sidewalk areas. The parking area is already in place, 600 sq. ft., and the sidewalk area is 420 sq. ft. The requested relief is for permeability in that Waterfront zone. MR. HUNSINGER-Good evening. MR. KUBRICKY-How are you doing? MR. HUNSINGER-Good. If you could identify yourself for the record. MR. KUBRICKY-Tom Kubricky. MR. HUNSINGER-Okay. Could you tell us about your project? MR. KUBRICKY-Yes. What I did is I was unaware, I believe so were 24 neighbors on this place on Rockhurst that we didn't realize that you needed a permit for a sidewalk. So what I did is I called up Craig Brown and I asked him if I needed one and he told me I did and that's what brings me here before you guys tonight. I didn't do it yet, but I'm asking to do it. It's not, you know, I didn't realize you needed one for a sidewalk or I would have asked when I got a deck approval. I think you were all here. MR. MAGOWAN-Yes, we were all here. Hey, thanks, Tom, for asking for permission. Unfortunately you're so close to the lake there that you really can't do anything, and if you pull a weed, we're going to come after you. Okay? MR. KUBRICKY-Yes, I've been trying to follow protocol. MR. HUNSINGER-Any questions or comments? Any specific concerns with the variance request? MR. FORD-1 have a question about the width of the sidewalk. Is it necessary to be four feet? MR. KUBRICKY-You know, I could tighten it up if you want me to, but it's four feet. Five feet is like handicap. If I cut it down to four, that way at least two people could walk up it, you know, three's kind of tight if you're helping somebody or walking next to them. MR. SCHONEWOLF-Four's better if you've got a wheelchair. MR. KUBRICKY-Yes, I've got a pretty handicap accessible flat lot. I can tighten it up if it bothers you, but I'd ask for relief for four. MR. FORD-What about the issue of permeability? Has anything else been considered? MR. KUBRICKY-Have you seen it, what I've done up there? Have you seen what I did on the last exhibition? Yes. I did a lot of, I really don't see any runoff because what I did is I did that deck, and the deck I spaced my boards out so they're not tight. So I do, I know we're counting the deck as a solid surface, but it really isn't, and the sidewalk I've got it, I don't know if you've seen the sea wall I put in there? I drove a steel sheathing across the front. So the water's 7 (Queensbury Planning Board 05/19/2015) going to hit that and kick back. I mean, it's not going to dive into the lake like you'd think it would because I've got steel sheathing sticking up about four inches going across the front, the seawall. Did you go up there by any chance? MR. FORD-Yes. MR. KUBRICKY-I've got that wood thing in there and I can grade it where I can kick the boards back so, you know what I mean, when the water hits the concrete surface, instead of it going, it'll go back. MR. HUNSINGER-Other questions? MR. FORD-But to answer the question, did you consider permeability? MR. KUBRICKY-Well, I did. I didn't really want anything that, I did. I looked at a few different things and nothing really goes with my theme I'm trying to do up there, you know, you go pavers and stuff like that up there, they're kind of tacky looking, I feel. I'm more into smooth surfaces, saw cuts and, you know, I think for the area, you know, the area is so small, you know what I mean, it would runoff, so, you know, if it was like a parking lot at Target or something I could see your concern. I don't really see a lot of runoff affecting the lake there. MR. SCHONEWOLF-It's sodded around it, right? MR. HUNSINGER-Yes. MR. SCHONEWOLF-Yes. MR. SCHONEWOLF-That's where the water is going to go. MR. FORD-Thank you. MR. HUNSINGER-Other questions? Any concerns with the variance request that they're seeking? Okay. If there's no questions or concerns, a recommendation. RESOLUTION RE: ZBA RECOMMENDATION FOR AV# 31-2015 KUBRICKY The applicant has submitted an application for the following: Site Plan: Applicant proposes installation of parking and sidewalk areas on a 5,587 sq. ft. parcel. A portion of the installation is within 50 feet of the shoreline. Pursuant to Chapter 179-6-050 of the Zoning Ordinance Filling within 50 feet of the shoreline shall be subject to Planning Board review and approval. Variance: Relief requested from permeability requirements of the WR zone. Planning Board shall provide a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 22-2015 THOMAS KUBRICKY, Introduced by Paul Schonewolf who moved for its adoption, seconded by Brad Magowan: The Planning Board has not identified any significant adverse impacts that cannot be mitigated with the current proposal. Duly adopted this 19th day of May, 2015, by the following vote: MRS. MOORE-1 would ask you to either choose A or B, if there's any concerns, identify those concerns, or, A, if there's not, identify that. MR. SCHONEWOLF-Yes, I read that before and he gave me hell so I didn't read it this time. MR. HUNSINGER-He has A circled if that matters. MRS. MOORE-That's useful, but you should include that in your motion. 8 (Queensbury Planning Board 05/19/2015) MR. HUNSINGER-If we could amend the motion to include what he circled which is Item A. MR. SCHONEWOLF-What I circled. MRS. MOORE-Thank you. AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. KUBRICKY-Thank you guys very much. MR. HUNSINGER-You're welcome. MR. KUBRICKY-Thank you, Laura. MR. HUNSINGER-We have a total of six items under New Business. NEW BUSINESS: SITE PLAN NO. 23-2015 SEAR TYPE TYPE II DAVID R. KELLY; SALLY KELLY AGENT(S) CURTIS DYBAS OWNER(S) SAME AS APPLICANT ZONING WR LOCATION 8 ROCKY SHORE ROAD APPLICANT PROPOSES REMOVAL OF EXISTING GARAGE/CAR PORT AND CONSTRUCTION OF AN 810 SQ. FT. GARAGE WITHIN 50 FEET OF 15% SLOPES; INCLUDES 600 SQ. FT. ADDITIONAL GROSS FLOOR AREA SPACE - TOTAL FLOOR AREA RATIO FOR HOUSE WITH NEW GARAGE IS 2,972 SQ. FT. PURSUANT TO CHAPTER 179-3-040 & 179-6-060 OF THE ZONING ORDINANCE CONSTRUCTION WITHIN 50 FEET OF 15% SLOPES SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 4-06, AV 8-06, SP 9-06 WARREN CO. REFERRAL MAY 2015 APA, CEA, OTHER LG PARK CEA, NWI WETLANDS LOT SIZE 37.838.6 SQ. FT./0.89 ACRES TAX MAP NO. 239.15-1-3 SECTION 179-3-040; 179-6-060 CURT DYBAS, REPRESENTING APPLICANT, PRESENT DAVID KELLY, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant proposes removal of existing garage/carport building and construction of an 810 sq. ft. garage. This project occurs within 50 feet of 15% slopes. This includes a 600 sq. ft. additional gross floor area living space. So in turn the site including the garage would be a total floor area ratio for the house and garage is 2,972, and the only relief that's being requested, or there is no relief being requested. The only reason for this project is for Site Plan Review for building within 50 feet of 15% slopes. MR. HUNSINGER-Good evening. MR. DYBAS-Good evening. For the record Curt Dybas and David Kelly. What we are seeking tonight is a planning review for removal of an existing 480 sq. ft. garage/carport/shed and construction of a 600 sq. ft. footprint, an 810 gross sq. ft. area, and the only caveat here is the building just touches the 50 foot barrier of the toe of the 15% slope. So that's why we're here before you, and we'd be happy to entertain any questions. MR. HUNSINGER-It was nice to see the stakes and the tie, the area tied off so you could tell exactly where. MR. DYBAS-Well, part of the requirements was the16 foot height, and Mr. Brown required us to survey the property, and have the points with the eaves and everything staked out, and Mr. Kelly decided to mark it all out, because all the stakes were set. So we know where we were going, and the elevations, all the grades are tied to that. MR. HUNSINGER-That was really helpful. Questions, comments from the Board? Everyone's quiet tonight. MR. FORD-You don't have a problem with the recommendation, the engineering recommendation relative to the soil testing, where they note that if changes to the stormwater management system are required following testing, that the project may be subject to an additional Site Plan Review? 9 (Queensbury Planning Board 05/19/2015) MR. DYBAS-No, that should be no problem. I mean, it's, the amount of runoff, you know, the first half an inch of rainfall, is like nine cubic feet, and the infiltration rate is way off the chart as far as what we have to build, and in that particular side of the building, it's all virgin ground, and I don't see any problem with rock being an issue, since the trench is only a foot deep. MR. FORD-Thank you. MR. HUNSINGER-Any other questions or comments from the Board? Okay. We do have a public hearing scheduled this evening for this project. Is there anyone in the audience that wishes to address the Board? I don't see any hands. Any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-There is. I have a comment from the Lake George Water Keeper. I'll read that into the record, and it's dated May 13, 2015. It's addressed to Mr. Hunsinger. "The above referenced Site Plan Review application was personally reviewed in my capacity as a licensed professional engineer and the Lake George Water Keeper. The Water Keeper recognizes Low Impact Development measures incorporated such as locating the proposed building in the existing footprint (with modest enlargement) that appear to reduce disturbance and clearing. The site exhibits constraints that can magnify impacts from land use and was characterized as a "cliff" at previous application hearings. In light of this, the applicant should maximize the opportunity to install mitigation measures that will protect previous site improvements as well as water quality. The Lake George Water Keeper requests the Planning Board apply the Town's regulations, specifically § 179-9-070.H regarding the imposition of conditions to address mitigation of project impacts and Chapter 136, during your deliberations regarding the above referenced site plan application. The application proposes to add an additional bedroom/sleeping area and the existing onsite wastewater treatment system (OWTS) should be certified for any expansion to the system. The site plan was approved in 2007 for a 4 bedroom dwelling based on submitted plans. The proposed application references the installation of a new septic tank and connection to the existing septic field to handle wastewater. Regulations require the OWTS to be certified for any expansion. The Planning Board should condition any approval requiring the installation of stormwater management for the entire structure to maximum extent practicable and not for just the increased impervious cover. The Planning Board should take this opportunity to increase compliance with the Town Stormwater Code and improve water quality by requiring stormwater management controls for the entire redeveloped structure. Implementation of stormwater management will protect the existing wastewater treatment disposal field, reduce runoff towards the lake and increase capacity of existing stormwater controls. This can be achieved through Low Impact Development (LID) measures such as rain gardens or proposed vegetation and soils as part of a stormwater treatment plan. The Lake George Water Keeper looks forward to working with the Town of Queensbury Planning Board to defend the natural resources of Lake George and its watershed. Thank you for your consideration. Sincerely, Christopher Navitsky, PE Lake George Water Keeper" MR. HUNSINGER-Okay. Thank you. If there are no other comments, we will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type II SEAR. He does raise an interesting point. I meant to ask that, and that is the capacity of the existing fields to handle the additional. MR. DYBAS-The existing field, when it was installed, was designed for four bedrooms, with the anticipation of this being constructed in the future. That was 2007. So the field capacity is there for the four bedrooms has three. So that's, and it's all documented. It's all in the permitting process. Tom Hutchins, who happens to be in the audience, is investigating it and designing the system to handle this project. In other words, a new tank, because obviously the tank for the house is 200 feet down the hill. So it would be a new septic tank and will tie into the distribution box up on top of the hill there where the field is. The field is over 200 feet from the lake. This was all done '07, '08 when the house was built. There's plenty of distance to the shoreline there. If you visited the site, I mean, there's quite a ways. MR. HUNSINGER-Okay. Any other questions or comments from the Board? This is a Type II SEAR. So no SEAR review is required. Unless there's an issue identified. With that, if there's no questions or comments, we'll entertain a motion, with waivers requested. MR. SCHONEWOLF-Right. RESOLUTION APPROVING SP #23-2015 DAVID R. KELLY; SALLY KELLY 10 (Queensbury Planning Board 05/19/2015) The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Removal of existing garage/car port and construction of an 810 sq. ft. garage within 50 feet of 15% slopes; includes 600 sq. additional gross floor area space -total floor area ratio for house with new garage is 2,972 sq. ft.. Pursuant to Chapter 179-3-040 & 179-6-060 of the Zoning Ordinance Construction within 50 feet of 15% slopes shall be subject to Planning Board review and approval. 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; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation -No County Impact (5-3-15) The Planning Board opened a public hearing on the Site plan application on 5-19-2015 and continued the public hearing to 5-19-2015 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 5-19-2015; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval: MOTION TO APPROVE SITE PLAN NO. 23-2015 DAVID R. KELLY; SALLY KELLY, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: As per the draft resolution prepared by Staff: 1) Waivers request granted: lighting, signage, landscaping, land use districts, traffic, commercial construction/alteration and snow removal. 2) Engineering sign-off required prior to signature of Zoning Administrator. 3) Adherence to the items outlined in the follow-up letter sent with this resolution. Duly adoption this 19th day of May, 2015, by the following vote: MRS. MOORE-Mr. Chairman, you should be referencing 23-2015. 1 thought I heard 31-2015. MR. SCHONEWOLF-Well, that's what it says on the engineering. MR. HUNSINGER-Yes. I'm sorry. Which is the correct number? MRS. MOORE-It should be 23-2015. Thank you. MRS. MOORE-Thanks. I'll talk to Sean. AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. KELLY-Thank you. MR. DYBAS-Thank you. SITE PLAN NO. 24-2015 SEAR TYPE TYPE II WILLIAM RUDENKO OWNER(S) QUEENSBURY CHURCH OF CHRIST ZONING NC LOCATION 357 AVIATION ROAD APPLICANT PROPOSES A SEASONAL PRODUCE STAND WITH A 20 X 20 SQ. FT. CANOPY. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE PRODUCE STAND IN AN NC ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 29-10, SP 30-09 LOT SIZE 1.54 ACRES (PORTION) TAX MAP NO. 301.8-1-34 SECTION 179-3-040 WILLIAM RUDENKO, PRESENT 11 (Queensbury Planning Board 05/19/2015) MR. HUNSINGER-Good evening. MR. RUDENKO-Good evening. I am William Rudenko, partner in Bull Hill Farm and Orchard, Hartford, NY. We are asking for a five year term to continue to operate our fresh farm seasonal produce stand at the Aviation Road location, 357 Aviation Road, the Queensbury Church of Christ. We have previously been there for a five year term. That would be, I was here in 2010, and prior to that I was here in 2009, and I had a one year term. So this is my third time here, and at the end of this five year term I'm going to be 73 years old. So I think that that time I'm probably going to go for a 20 year term instead of a five year, so I won't have to come back here in a wheelchair, but nothing has changed at the Aviation Church of Christ with regards to the Church itself, and for six years now we have placed our 20 by 20 canopy in this same place. We have ample parking. We have safe ingress and egress, and we're well received by the neighborhood and the community at large, and we'd like to go back for another five years. We have an agreement with the Church whereby they will let us be there for five years subject to Site Plan Review. Any questions? MR. FORD-Yes. You are currently approved through 2015, correct? MR. RUDENKO-It was 10, 11, 12, 13, 14. No, our last year was 2014. So I am seeking five years commencing in 2015 to 2019. MR. FORD-2019. Okay. Just checking the math. I was just checking the math. MR. RUDENKO-I never got away from using my fingers from the first and second grade. I'm sorry. MR. HUNSINGER-1 was surprised it had been five years already. MR. RUDENKO-That's what I was thinking. I see a lot of familiar faces here, and like I say, five years passes just like that. MR. HUNSINGER-Yes. Any questions or concerns from the Board? Any Staff concerns? We do have a public hearing scheduled. Is there anyone in the audience that wishes to address the Board? I don't see any hands. Any written comments? PUBLIC HEARING OPENED MRS. MOORE-1 have no written comments. MR. HUNSINGER-Okay. We will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-Let the record show no comments were received. Anyone have a problem with issuing the five year condition? MR. TRAVER-No. MR. FORD-No. MR. HUNSINGER-You know the only question I had was in your letter you talked about commencing operations as early as June 15th, and closing as late as October 1St MR. RUDENKO-Correct, for the Halloween season. MR. HUNSINGER-1 was going to say, it would seem to me like you would get a lot of business on Columbus Day weekend, or does it get too cold? MR. RUDENKO-After Labor Day, after September 1St, business drops off precipitously, and two or three weeks after that it just falls right off the cliff. We hope that Halloween and Indian corn and apples and pears will bring the people out. It's just enough volume to sustain us. MR. HUNSINGER-Right. MR. RUDENKO-We just kind of die off and wither away. So October 1St would probably be it. MR. HUNSINGER-You don't see any need to go later than that, then. 12 (Queensbury Planning Board 05/19/2015) MR. RUDENKO-I don't anticipate. Every location is different. We have some locations that stay open until the 15th of October, but that's not one of them, because business trails off there substantially. MR. HUNSINGER-Okay. That was the only question I had. This is also a Type 11 SEAR. So no SEAR review is required. If you're ready. RESOLUTION APPROVING SP #24-2015 WILLIAM RUDENKO The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Seasonal Produce Stand with a 20 x 20 sq. ft. canopy. Pursuant to Chapter 179-3-040 of the Zoning Ordinance Produce Stand in a NC zone shall be subject to Planning Board review and approval. 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; The Planning Board opened a public hearing on the Site plan application on 5-19-2015 and continued the public hearing to 5-19-2015 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 5-19-2015; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval approved as further discussed below MOTION TO APPROVE SITE PLAN NO. 24-2015 WILLIAM RUDENKO, Introduced by Paul Schonewolf who moved for its adoption, seconded by Brad Magowan: Per the draft resolution provided by staff conditioned upon the following: 1) Waivers request granted: lighting, sewage, septic, water supply, utilities & storm drainage, surface water, groundwater& erosion, 2 foot contour intervals, landscape plan, soil log, perc tests & stormwater, EAF. 2) Term of approval: 5 years to 2019 3) Adherence to the items outlined in the follow-up letter sent with this resolution Duly adopted this 19th day of May, 2015, by the following vote: MR. FORD-Could we change that slightly to not to 2019, but through 2019? Will that help clarify? Or isn't it necessary? MR. SCHONEWOLF-Well, five year term is, 15 to 2019. MR. MAGOWAN-Through 2019. MR. SCHONEWOLF-And his permit ends on 2019. MR. MAGOWAN-He'd have to come in 2020, that would be the sixth year. Right? MR. SCHONEWOLF-Right. MR. MAGOWAN-Wait, would you count it on your fingers again so he can see it? Tom needs to see it on his fingers again. MR. HUNSINGER-So it would expire on October 1St of 2019. MR. SCHONEWOLF-Correct. MR. HUNSINGER-Is what we're saying, yes, that's a good clarification. MR. FORD-Thank you. MR. HUNSINGER-Is everyone clear with that? Okay. 13 (Queensbury Planning Board 05/19/2015) AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. RUDENKO-Thank you very much. MR. HUNSINGER-You're welcome. MR. RUDENKO-So I'll be back in 2020. SITE PLAN NO. 25-2015 SEAR TYPE UNLISTED C.R. BARD AGENT(S) GARY CHAPMAN OWNER(S) C.R. BARD, USCI DIVISION ZONING CLI LOCATION 289 BAY ROAD APPLICANT PROPOSES INSTALLATION OF TWO NEW STRUCTURES - GENERATOR (40' X 12) AND SWITCHGEAR UNIT (33' X 15'). PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE MODIFICATION TO AN APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 73-14, OTHERS WARREN CO. REFERRAL MAY 2015 LOT SIZE 6.72 ACRES TAX MAP NO. 302.8-1-3 SECTION 179-3-040 RON GREENE & PAT GREENE, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant proposes to install two new structures. This includes a generator structure (40' x 12) and a switch gear unit (33' by 15'). This is a 2,000 watt generator with a switch gear. Both units are to be enclosed on concrete slabs. The site to be used is in the center area of the property. It's currently maintained as lawn area. The units will be placed so that access is limited to the area of the enclosures. The current structures are further from the bike trail and residential homes at over 630 feet. The generator is certified and compliant for emissions as required by EPA. The location of the generators does not interfere with onsite traffic or pedestrians. The landscape that surrounds the area will remain or replaced as a barrier to the units. The plans and photos show the location of the units and the surrounding area. MR. HUNSINGER-Okay. Thank you. Good evening. MR. GREENE-Good evening. Ron Greene, Plant Engineer, C.R. Bard. MR. P. GREENE-And Pat Greene, employee for C.R. Bard. MR. HUNSINGER-Did you have anything else that you wanted to add? MR. P. GREENE-It's a 2000 kw diesel generator. It was approved in 2007, and the corporation decided not to follow through with it. That's why it wasn't done back then. We had the Planning Board approval, building permit and everything all set. We just had to put a shovel in the ground and they halted it. The only big difference in this one is we're a little bit farther away from the residential, farther away from the bike trail. It's in a better location. Everything's further away, over 600 feet away from the nearest residential property. That's about it. MR. HUNSINGER-Okay. MR. MAGOWAN-Well, I'm glad you clarified a 2000 kw, because I'm like a 2000 watt, what are they running, a hair dryer? MR. FORD-What was the rationale for not following through back in 2007? MR. P. GREENE-Financial, I believe. It was $2.7 million back then. It's $2.5 now. Super storm Sandy, the corporate headquarters was in New Jersey. They got wiped out for five, six days. So they're kind of worried about storms, tornados, all that kind of stuff we have up here. MR. GREENE-They've made a statement that every manufacturing plant, every Bard facility, should have a backup generator. I mean, we make critical products for lifesaving. It would be devastating to be down for four or five days. MR. FORD-Wonderful facility in our community. Let me ask you a question about, what would be the decibel level of this when it kicks in and it's operational, at the residential level some 600 feet away? 14 (Queensbury Planning Board 05/19/2015) MR. GREENE-Residential, at 15 meters, there's a sound enclosure, attenuating enclosure, and the spec sheet on that, at 15 meters it's 72 decibels. That's equivalent to a car going down the Northway at 25 feet away, 65 miles an hour. That's at 15 meters, about 45 feet. We're at 630 from the nearest residential property. There's a building between that and then there's 50 foot of woods, at least 50 feet of woods in between that and the generator. So I don't know what that calculates out to. MR. SCHONEWOLF-Plus it's an enclosure. It's in an enclosure. MR. GREENE-A sound attenuating enclosure, yes. Plus the silencers on the generator and it's in an enclosure. MR. FORD-Good explanation. Thank you. MR. MAGOWAN-Yes, you really can't get any quieter than those. MR. SCHONEWOLF-I've got one of those next door to me. MR. FERONE-Do you have the separate enclosure for your switch gear, is that like your automatic transfer switch? MR. GREENE-Yes. It's separate. MR. FERONE-Is there any reason why it can't be all together? MR. GREENE-It's the size. MR. FERONE-It's that large? MR. GREENE-The switch gear enclosure is 16 by 30 feet. The generator is 12 by 40 feet. MR. HUNSINGER-Yes, one of the things you said in your application is that it's similar to the generators that the County has. MR. GREENE-1 think that's a little smaller generator, the picture in there. I put that in there to show what it would look like, the enclosure. That's the enclosure on it. I'm not sure if that's a sound attenuating enclosure or not, but that's the enclosure, it's similar to what we have. It's probably a little bit bigger than the Warren County. MR. HUNSINGER-1 mean, one of the things that we don't know, I mean, after it was approved in 2007, 1 didn't realize until I saw the notes that it wasn't built. MR. GREENE-Right. MR. HUNSINGER-So I was a little surprised to see that. MR. FERONE-Does the structure with the switch gear require any environmental, like do you have to have air conditioning on that or anything? MR. P. GREENE-No. MR. GREEN E-Enclosures are pre-built. They're built by Pritchard Brown and Company. They make these enclosures for the switch gears and the generators that are pre-manufactured. MR. MAGOWAN-It's amazing the way they do that, to bring it in so that it's self-contained and is all computerized and it just starts things in a series so you're not overloading anything because you've got so much wattage there. A 2,000 watt hair dryer there takes a lot to, you know. MR. HUNSINGER-Any other questions, comments from the Board? We do have a public hearing scheduled on this project as well. Is there anyone in the audience that wishes to address the Board? Any written comments? PUBLIC HEARING OPENED MRS. MOORE-1 have no written comments. MR. HUNSINGER-1 know we had a number of comments back in 2007 from neighbors that were concerned about the noise. 15 (Queensbury Planning Board 05/19/2015) MR. FORD-We've had so little noise since 2007. They didn't install it. MR. HUNSINGER-We'll close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-Let the record show no comments were received. This is an Unlisted action. There is a SEAR resolution in your package. Were there any issues with SEAR that anyone on the Board feels that we need to address? MR. FORD-1 don't find any. MR. TRAVER-The only conceivable issue I could see would be noise and it's mitigated even further by the new application. MR. HUNSINGER-Right. Yes. Okay. Would anyone like to move that? RESOLUTION APPROVING A NEG DECLARATION SP #25-2015 C.R. Bard The applicant proposes Applicant proposes installation of two new structures -generator (40' x 12) and switchgear unit (33' x 15'). Pursuant to Chapter 179-3-040 of the Zoning Ordinance Modification to an approved site plan 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; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN NO. 25-2015 C.R. BARD, Introduced by Paul Schonewolf who moved for its adoption, seconded by Brad Magowan: As per the draft resolution prepared by Staff. Part 11 of the EAF has been reviewed and Part III has been reviewed and completed by the Planning Board. Duly adopted this 19th day of May, 2015, by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Any other outstanding questions or concerns anyone wants to express? If not, a motion would be in order. RESOLUTION APPROVING SP #25-2015 C.R. Bard The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Applicant proposes installation of two new structures -generator (40' x 12) and switchgear unit (33' x 15'). Pursuant to Chapter 179-3- 040 of the Zoning Ordinance Modification to an approved site plan shall be subject to Planning Board review and approval. 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; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation -No County Impact (5-3-15), 16 (Queensbury Planning Board 05/19/2015) The Planning Board has reviewed the potential environmental impacts of the project, pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration - Determination of Non-Significance, The Planning Board opened a public hearing on the Site plan application on 5-19-2015 and continued the public hearing to 5-19-2015 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 5-19-2015; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval approved as further discussed below MOTION TO APPROVE SITE PLAN NO. 25-2015 C.R. BARD, Introduced by Paul Schonewolf who moved for its adoption, seconded by Thomas Ford: As per the draft resolution prepared by Staff: Adherence to the items outlined in the follow-up letter sent with this resolution. Duly adopted this 19th day of May, 2015, by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-1 just want to compliment you on the nice package. It's very thorough. MR. GREENE-Thank you. MR. HUNSINGER-Thank you. Good luck. SITE PLAN NO. 26-2015 SEAR TYPE REAFFIRM PREVIOUS SEAR MARTHA'S DANDEE CREME AGENT(S) ETHAN HALL - RUCINSKI HALL ARCHITECTURE OWNER(S) 1133 STATE ROUTE 9, LLC ZONING CI LOCATION 1133 STATE ROUTE 9 APPLICANT PROPOSES TO MODIFY TWO PREVIOUSLY APPROVED SITE PLANS: SOUTH END) LANDSCAPING, LIGHT POLES, ACCESS GATE, TREE CHANGE, LIGHTING FIXTURES; NORTH END) LIGHT POLES, 30 GRAVEL PARKING SPACES TO PERMEABLE, HANDICAP RELOCATION, LIGHT POLE HEIGHT. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE MODIFICATION TO AN APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 31-14, AV 41- 14, SP 51-13, AV 68-11, SP 71-11 WARREN CO. REFERRAL MAY 2015 LOT SIZE 2.22 ACRES TAX MAP NO. 295.12-1-3 SECTION 179-3-040 ETHAN HALL, REPRESENTING APPLICANT, PRESENT; DENNIS LA FONTAINE, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. The applicant proposes to modify two previously approved site plans. The first one is the south end. This includes landscaping, light poles, the access gates, lighting fixtures, tree change, and then the north end includes light poles, gravel parking area and handicap re-location as well as the light pole height. And I'll just highlight some of the concerns I had, and I know the applicant's aware of them. Staff has concerns with the south end parking area where the plantings were to occur along the parking area and now are along the fence. There was observed that there's two rows of parking that occur on weekends and busy times where customers are parking close to the fence and others parked in spaces. In addition, the other concern is with the view observed from Round Pond Road looking towards the cold storage building. The original planting plantings would have provided a screen view of the building and now there is opening, and Staff suggests that there be some sort of plantings. MR. HUNSINGER-Okay. Thank you. Good evening. MR. HALL-Good evening. Again, Ethan Hall, a principle with Ruciniski/Hall Architecture. With me tonight is Dennis LaFontaine from Martha's. Kind of combining and getting the whole project finalized, boiled off, sugared off, finished up. I'll address the south end parking first. The items that Laura mentioned, the initial layout of the cold storage building that was done initially as this first phase of the project, the paving was realigned so that it was easier to get into the cold storage building with the stuff that they have delivered in the off hour. Laura, I did 17 (Queensbury Planning Board 05/19/2015) check with Dennis. The parking that's back here along the fence line that you observed is really his staff. It's not general public parking. It's the staff who's parking back there to free up some additional parking in the back for the people that are there. Martha's does have a cross lot agreement with Six Flags. That's this cross lot here, for shared parking. So that there is a fence there in that gate. So that part of what Dennis can do is in his busy times people can park back there, so that the overflow can go into there, and I believe the same holds true with Six Flags only your space during the day. MRS. MOORE-1 guess, it sounds like we're not talking about the same thing. I'm seeing people parking against the fence line and parking in the appropriate spots. They're parking on the grass that's supposed to be lawn area. So that wasn't part of the previous application. MR. HALL-Yes, and basically all of the parking that takes place, I think the confusion between the people that may be doing that, all the parking that's back on The Great Escape property are, they're on the Six Flags property, is grass parking. I mean, there's no defined parking area. It's the old Animal Farm that's back in there. So it's, you know, the gate gets opened up for people. MRS. MOORE-That's occurring on Dennis' lot. I think you understand what I'm talking about. MR. HALL-Right, and at that point, you know, once parking becomes a premium for them, parking becomes wherever they can grab it, and that's the other reason that we're looking at. This space that's along the back back here currently is a gravel parking area. It's crushed stone. It's kind of a mix of everything, especially when the big addition was added for the grill, a lot of this got disturbed back here and got brought in as crushed stone, and what they excavated out and things like that. If it's already counted as permeable surface, so in an effort just to make it, just to clean everything up and make it a little nicer around back, they're just going to peel back some of that and pave over the top of it so that it becomes less tracking out onto, especially less tracking out onto the north side of the lot which is all permeable pavement, and we're trying to keep that gravel and sand out of the permeable pavement. So that's kind of the reason for that. The light poles and the arrangement, Dennis has a couple of pictures of looking at the cold storage building from the end of Round Pond Road which I can pass out. MR. HUNSINGER-Yes, you can start it down there. MR. HALL-The trees that we put in there are rather quick growing. They are deciduous trees. They're honey locust trees and they grow rather quickly. That was Dennis' choice to put in a different species of trees, and the lights that we put in are downcast LED fixtures. They're the same fixtures that Stewarts is using at all their shops now. So that was the change there. I think the only other change that was made, and this was a change that was made by the contractor. Nobody caught it until the very last pole was going up. The poles that are on the north end of the lot were specified to be 12 foot poles. Somehow when the contractor was buying them he misread the 12 as 20. So he ordered 20 foot poles and put 20 foot poles up instead of 12 foot poles. The lights are the correct lights that are in that area, but they're just a little higher than what they were meant to be. So in talking with Dennis and looking at it, what it's done is it's changed the average to min. It's gotten rid of the hot spots that were out there with the lower poles. So the light is more even all the way around. He's still one of the less intense areas of lighting as far as parking goes. We're not even close to what the neighbor has. It doesn't flood any farther. It's just, it's less intense and has less hot spots from what it was on our original plan. MR. MAGOWAN-That might work out in your favor with all the traffic flow and that, too. You're not getting the blinding to be focusing, because it is busy. I mean, you could put a cliff wall there and people would have climbed over it to get your creme. Because I live across the street, practically, from it. MR. HALL-The other thing, the last item that was done is when we had this originally approved we had three handicap spaces that were on this north end up here, and as the grading got going and pulling out the old entryway, this is where the old entryway was, and if you remember we moved this up to the north end of the lot to avoid that traffic tie up that would happen right in here. These got put in prior to the concrete curb and everything else going in. The grading didn't come out exactly the way we intended it to and it was a little steeper than what we wanted for the handicap accessible lots or parking areas. So to take care of that we combined them all, put them on the south end right next to the windows, combined all the accessible parking in one area rather than have them spread out, and it's the flattest slope. MR. FORD-Could you address the permeability on the back side of the building, please. MR. HALL-This part back here? 18 (Queensbury Planning Board 05/19/2015) MR. FORD-Yes. MR. HALL-It's already considered non-permeable because it's a crushed stone area. It has been all along and that's part of our original calculations. That was considered non-permeable by the Town standard. So it's a direct swap as far as non-permeable crushed stone to non- permeable pavement. MR. HUNSINGER-Other questions, comments from the Board? George? MR. FERONE-Talking about permeability, there was a note here that said that there was some permeable pavement that was changed to regular pavement? MR. HALL-Yes. All of this area up here, everything on the north end, is all permeable pavement. That was all put in during that initial phase when the old house was torn down and they put the new parking area out there as part of Phase I. We initially looked at doing all of this piece as permeable as well, and the price that Dennis got back to put that in, probably if we had done all of that initially it wouldn't have been as bad, but now it's come back and tear all that out and go down the two and a half feet and put in the crushed stone and the under draining and stuff wound up being over $100,000, just to do this one strip in the back. It was significantly less to just run straight pavement. It's already considered non-permeable. MR. FERONE-Any issues with stormwater runoff in regards to that? MR. HALL-No, because everything is contained on this backside here and it's going to go right where it is. When we dug this, they were 16 feet. There's an elevator hoist way in there to get product downstairs, and they were 16 feet in the ground and didn't hit a pebble. There's nothing, and no water. I mean, it was as far as the bucket that Ellsworth and Son had would reach. They were 16 feet right at the very end of the bucket down in there to get to the bottom of the elevator shaft, and there wasn't a drop of water anywhere. As far as stormwater runoff, it doesn't go anywhere. MR. HUNSINGER-Other questions, comments? MR. DEEB-What about the plantings on the cold storage shed Laura addressed? MR. HALL-Those are the areas, the picture that Dennis handed out to you, you can see where we've got those. The stuff that's there, it's immature right now, and it will grow to be a more, you know, we used a fast growing, you know, the Little Leaf Linden is a very fast growing tree, and the honey locust, those things grow like crazy. So we've tried to put those in there to kind of screen as best we can from that area. Anything that we put in there I think is going to, you know, do the same issue. So I think given that these things may grow a little quicker, if we put in the smaller trees, I just don't think they're going to grow as quickly. Again, this was a choice that Dennis made to put these in and that's what he preferred. MR. HUNSINGER-Going back to the lighting, my concern was the higher poles. Your comments were, you know, it wasn't over lit. My concern would be, is it lit enough? MR. HALL-I think that we're finding that it really is. That was a concern that I had as well, and having been up there a few nights when they've had a lot of people there, it actually is fairly well lit. Again, there's no real hot spots anymore and it's more even light all the way around the lot. There is some light that spills over from one of the parking areas that's a little bit farther to the north of us, and then you get everything that's across the street, all the lights that are out on the street. MR. HUNSINGER-The streetlights, yes. MR. MAGOWAN-So, Ethan, did you have the black cherry or did you go with the swirl on those nights? MR. HALL-I go with a twist. My preference. MR. HUNSINGER-Any other questions, comments from the Board? MR. MAGOWAN-No. I think it's coming together nice there. As I said, I'm just amazed at the amount of people that just pour in there. MR. LA FONTAINE-Yes, we're excited by everything that's going on, too, what's going on with the property and just the Martha's branding and stuff. Right now we've got 48 employees now, and we're looking for more. Right now I'm four to five people short of just, you know, we're 19 (Queensbury Planning Board 05/19/2015) hiring, and just a lot of good things are going on with Martha's and just the Martha's branding and stuff, and we're excited about everything. MR. FORD-How would that compare with a year ago? MR. LA FONTAINE-I've doubled the staff since last year. We've doubled staff since last year and sales have been phenomenal. So I would just, and Newsweek was up last week. They came up from Manhattan, the senior writer, writing a whole article on Martha's and doing, you know, so we've gotten a lot of good press lately, a lot of good things happening. MR. SCHONEWOLF-It must be the cook. MR. LA FONTAINE-Yes, let's go with that. It's a family run business for sure. My two older boys are averaging 60 to 70 hours a week in there. I'm up there a couple of hours a week. MR. MAGOWAN-What was that, you go home just a couple of hours a week? MR. LA FONTAINE-A couple of hours, that's pretty much it. I start at seven in the morning. By the time I walk in the door it's midnight. I'm loving every minute of it. MR. HUNSINGER-We do have a public hearing scheduled this evening. Is there anyone in the audience that wishes to address the Board? Any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-There's no written comments. But could I ask for a clarification on the, currently with The Great Escape, do you have continuous access or is there at some point going to be some sort of gated or chain linked fence? Because right now it appears that there's free access at any time. MR. LA FONTAINE-No, there's limited access actually. We have a gentleman's agreement between each other, and the way the agreement works is during the day when they're open, when they're Park is open, shut the gate, and that's the slower period of my time. We really don't ramp up and going until five, six o'clock at night. That's when we really get going busy, and so during that time the gate is shut. Then when they stop taking their paid parking, we open up the gate and then we have access to their parking over there. It's a gentleman's agreement. It's been working out phenomenal, really well since I've been back, and we have really good relations between each other, you know, every once in a while they're get spillage over during the day, and they'll call me up and say Dennis, can we use some of your, can we take some of your spots, and I'll open up my gates and let them come in. It's just, it's a gentleman's agreement between us two that works really well. MR. HUNSINGER-So is this the area by the motel or? MR. HALL-There's an area right here at the south, right at the very south end of Dennis' lot. MR. HUNSINGER-So the only access into that lot is through your property? MR. HALL-No, it comes all the way out and around back. MR. HUNSINGER-That's what I thought. MR. HALL-There's an access road that comes in from their back lot. MR. LA FONTAINE-Yes, I give them, we have, I give them, we have an agreement also with the back property in the back of the motel. So in case they have a fire or something like that, they have an access through a big wide open gate, so a fire truck can get through. MR. HUNSINGER-That's what I thought you were asking about. MR. LA FONTAINE-But that always stays closed. MR. HUNSINGER-Okay. MR. LA FONTAINE-Unless that's there for emergency purposes for them to get emergency vehicles back to the property back there. MR. FORD-Good neighbors working together. 20 (Queensbury Planning Board 05/19/2015) MR. LA FONTAINE-Absolutely. MR. HALL-It brings up one other point that had been brought up before about plowing around the building in the wintertime. Dennis does maintain and will maintain an access way all the way around this building for wintertime access around there. He's in and out during the winter. Obviously he's in there just to make sure things are going on. The business itself isn't open, but that's his home away from home anyway. MR. DEEB-Dennis, is the motel part of your business? MR. LA FONTAINE-No. When I bought the property back Six Flags kept it and they use that for student housing for their employees. MR. DEEB-Do you ever utilize that parking lot for your employees? MR. LA FONTAINE-In the spring I do. When they're not open for business, when they're not open for business my employees will park in that lot, when they're not open for business. That's pretty much in the spring. MR. DEEB-But do they use them as motel rooms in the summer or just for their? MR. HALL-Just for their staff. MR. DEEB-So there still must be plenty of parking. MR. LA FONTAINE-There is, but they, again, they use that. That's their access road to get to the zoo property. So when they're open for business, what they don't want happening is cars coming in through my lot, getting into their lot. They're getting, I don't know what, $20 a car to come in and park. So they don't want the cars coming in through my lot getting in to their lot. MR. DEEB-Well, there's a big opening there between your lot and the motel. MR. LA FONTAINE-Yes, it's got a yellow chain. MR. HALL-It's got a safety chain across it that's just there to keep people from driving through it on a constant basis. JAIME WHITE MS. WHITE-Chris, since I'm not sitting, I'd like to make a public comment if that's possible. MR. HUNSINGER-Sure. MS. WHITE-1 thought you opened the public hearing. I apologize. MRS. MOORE-It's open. It's still open. MR. HUNSINGER-It's still open, yes. MS. WHITE-For the record, I'm Jaime White and I just had a question, concern. At a previous meeting of the Planning Board I had thought that we had discussed no traffic to come through where the lines are, that there would be a permanent restriction, and when I was there last week, two cars went right through the orange cones, and so my concern is that as people are standing in line here there's nothing permanent to prevent people from still kind of driving where they used to. So I just wanted to mention that. MR. HUNSINGER-Thank you. It's a good question. MR. HALL-Yes, we can address that as well. The water features that are currently being constructed along the front, there will be three permanent planter barrels that are going to be put in there to prevent people from driving back and forth through there. It's on a temporary basis now, so that they can get the water features finished. Once the water features are finished, the permanent blockades will be set up there so you can't drive through, but they're still working on that part, trying to get that finished up. MR. LA FONTAINE-The first of June we'll be done. MR. HALL-Yes, the intention is those features get finished by June 1. The first week of June. 21 (Queensbury Planning Board 05/19/2015) MR. HUNSINGER-Any other questions or comments from the Board? I will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is an Unlisted SEAR. Are you ready? RESOLUTION APPROVING NEG DECLARATION SP # 26-2015 MARTHA'S DANDEE CREME The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: To modify two previously approved site plans: South end) landscaping, light poles, access gate, tree change, lighting fixtures; North end) light poles, 30 gravel parking spaces to permeable, handicap relocation, light pole height. Pursuant to Chapter 179-3-040 of the Zoning Ordinance Modification to an approved site plan 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; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN NO. 26-2015 MARTHA'S DANDEE CREME, Introduced by Paul Schonewolf who moved for its adoption, seconded by Brad Magowan: Note that Part II and Part III of the EAF have been reviewed and completed by the Planning Board. Duly adopted this 19th day of May, 2015, by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Are there any other questions or comments from the Board? MR. DEEB-Dennis, when you made those changes, did you talk to anybody on Staff first? MR. LA FONTAINE-1 did. I had conversations back, you know, we were going back and forth, the Staff and 1. Basically the big issue started when I moved the tree. I moved the tree about 15 feet back toward the property line. When I bought the property back, I moved the property line back, the property moved from where the original trees were. So I was going back and forth with the Town, you know, and I need to move the trees 15 feet because I don't want them sitting right in the middle of that area, and they said that should be fine. Submit it on final site plan, or final as built. Submit it on your as built, and I got the impression that was going to be fine. It was okay. I was coming to the end of the planting season. So I went and planted the trees. I planted the trees really late in the fall last year. I wanted to get them up and going, and so there was conversation going back and forth with that, and I assumed that it was okay. Maybe I shouldn't have done that. So that's why we're here. MR. DEEB-That's a little concern I have about changing plans on site plan. The lights, when did you discover that they were not part of the site plan? MR. LA FONTAINE-The lights were part of the site plan. MR. DEEB-I mean, not the 20 feet. 22 (Queensbury Planning Board 05/19/2015) MR. HALL-No, no, no. That one no one caught until the very last one was being installed and it was actually Bruce Frank that caught it. He pulled in and went, those are a lot taller than what were supposed to be, and they were literally lifting the last one into place before anybody realized it. MR. DEEB-It was a fortuitous mistake. It seems to have turned out better, but if it had been the opposite way, you might have had to change those back to what the, I mean, depending on what the Board felt, but that was my only concern about changing part of the site plan without talking to Staff. MR. HALL-Right, and to be honest, I have no idea how the contractor purchased a light pole that was different than what was specified on the plan. MR. FORD-He probably had them in stock. MR. DEEB-I've been up there a few times, and you've done a great job up there. MR. LA FONTAINE-Thank you very much. MR. HUNSINGER-Any other comments or concerns from the Board? MRS. MOORE-Can I just summarize some things that I think maybe you should be considering. MR. HUNSINGER-Yes, go ahead. MRS. MOORE-Maybe one or two evergreens planted on that one border. So it would be on the south side of the property along Route 9, towards the fence area that's facing Route 9 itself. The second item is in reference to the agreement. I know it's a gentleman's agreement. It would be nice to have it in writing. You can place that on the plan. That would be even better so I don't have to ask it if there's another project coming before us. That information's on the site plan. It will always be there, and that would describe exactly the information you provided. So it would be useful to have it on file. MR. HUNSINGER-Yes, and I guess I'm still a little confused. The concern that I'm hearing from Laura is people parking on your grass between the edge of the pavement and the fence, and it was really bizarre, in fact there was one morning, you know, I drive by your place every day on the way to work, and there was one car, and they parked on the grass. MR. HALL-It's employees. MR. LA FONTAINE-Employee. MR. HUNSINGER-Okay. MR. LA FONTAINE-What the employees are trying to do is trying to leave the parking spots available for the customers. It's more convenient for the customers to park closer to the building. We're trying to not take away the customers, the customer spots, so they have easier access to our building. So, you know, employees have been parking on the grass, as all the other businesses that are around me are doing, they're parking on the grass. If you guys don't want me to park on the grass, I won't park on the grass, but I don't, you know, I don't see what the issue is, but if you don't want them to park on the grass, I'll tell them not to, but it's just, for me, as a business sense, as a businessman, you know, I hate it when I go to Wal-Mart and I see all the employees' cars parked right up against the, in the first 20 spots. It bothers me, it really bothers me. MR. MAGOWAN-I'm glad you brought that up. That really irks me, too. MR. LA FONTAINE-I mean, they're all sitting there taking their breaks, in all the cars in the first 20 spots against Wal-Mart, and that's always bothered me as a businessman. So all my employees I say you take the furthest spot away from, you have to walk the furthest so the customer doesn't have to walk. So that's the reason I do that. In regards to the evergreens up against the fence line, you know, I'd rather not put more trees there. I mean, the building that they're trying to shade structure, it's a good looking building, and there's some old buildings in this Town that I wish had trees up there that I wouldn't have to look at, but to me it's a good looking building, and, you know, the tree we're doing there, it'll shade it, but I mean, is there a law saying that I have to, when I put up buildings that I have to put trees so people don't see them? I don't know that, but I'd just rather not put them, you know, if you want me to. 23 (Queensbury Planning Board 05/19/2015) MR. MAGOWAN-Well, Laura, what are you worried about, coming up Round Pond Road and seeing the? MRS. MOORE-Right. I mean, most, the way the original plan was presented was that there was some sort of filtered screen. I'm not saying blocking it, but it would be some sort of filter. MR. LA FONTAINE-But if you look at the picture, those trees that originally where the original plants were, they will be to the right side of the building. That picture I gave you, it's coming right on Round Pond Road. It would literally be to the right side. So you would still see the building to the left of those trees. MRS. MOORE-So I'm just suggesting one additional evergreen tree, one to two evergreen trees to the right of that, looking at this photo, it would be to the right of it, but that's up to the Board. I'm just suggesting that, and in reference to parking, that particular grass area would be turned into part of your paved surfaces, and that would trigger that other item about permeability. So in turn maybe there's an opportunity, now that you'll be paving that rear part of the building, that employees park to the back of the building. MR. LA FONTAINE-Customers are parking back there right now. Right now I've resurfaced it to gravel and it's, customers are already parking there. I mean, I could put the employees back there, too, but it's, it all gets used for parking. MR. DEEB-So then your employees are closest to the building again. MR. LA FONTAINE-Exactly, and they're literally, they're right behind the seating area and my employees are right there. MR. SCHONEWOLF-Do they provide you with a certificate of insurance when they park on your lot? MR. LA FONTAINE-What do you mean? MR. SCHONEWOLF-The people across the way that work for another company. MR. LA FONTAINE-You mean The Great Escape? MR. SCHONEWOLF-Yes. MR. LA FONTAINE-The Great Escape employees don't park on my lot. MR. SCHONEWOLF-Okay. MR. LA FONTAINE-My employees do. MR. SCHONEWOLF-Okay. I thought you said that you were switching off, though. MR. LA FONTAINE-No, their customers might come and park on my lot. It rarely ever happens. I mean, I think it's happened twice in the last six years that they've called me up and said. MR. SCHONEWOLF-But you're covered if they do that, your insurance covers that? MR. LA FONTAINE-Yes. MR. DEEB-Well, what about Laura's concern about the trees being in the original site plan? If you take that sight line out. I mean, that could be done. MRS. MOORE-Well, right now this is the as built plan showing those trees where they're planted even in this photo. So I'm just asking for one to two evergreens. MR. HALL-That was the original, that's the original. Those were those 70 foot pine trees that were there. MRS. MOORE-That were taken out. MR. HALL-That were taken out to put the cold storage building in. That was the original photo. What year is that? MR. SCHONEWOLF-In the back of the lot, right? MR. HALL-That's on the south end. 24 (Queensbury Planning Board 05/19/2015) MR. DEEB-That's on the south end. MR. HALL-The south end, right where she's pointing. If you remember back three years ago there was a whole row of white pines. MR. SCHONEWOLF-Yes, when you built that building. MR. HALL-Those had to come out to be able to get back there to build that. They were right in the way. So those all came down and the idea was to put plantings back up along that fence line, along that south end of the lot. We originally showed them right next to where the pavement was, and then we re-aligned the pavement to get better access so that they could, Dennis has a big truck that he backs down in there to load and unload stuff into that dry storage area. MR. SCHONEWOLF-Which is parked at the side of the building. MR. HALL-Right, and in order to get down in there, putting the trees where we had them, right along the edge of the pavement, would have meant running the truck right up against those trees and eventually. MR. HUNSINGER-I'm just looking at the site plan to see if there's a better place for your employees to park without parking on the lawn. MR. DEEB-I think they've looked that over pretty good. MR. HALL-There's not really any place. I mean, it remains grass. MRS. MOORE-If you're using it for parking, it won't remain grass. MR. LA FONTAINE-I'm watering it, I water it twice a day. I mean, it's still permeable. No matter whether cars park on it or not, it's still permeable. MRS. MOORE-It's not. Once you start using it as a parking area, it's considered impermeable. Something to consider. MR. HUNSINGER-Any other comments or concerns? MR. DEEB-I think we've got to resolve this, I think we have to find some resolution to it, as far as the, I don't know about the trees or the. MR. LA FONTAINE-Do you want me to put a couple of pine trees up, is that what you're saying? MR. DEEB-Actually I don't know if you want pine trees. MR. FORD-You've heard the concerns. Do you have a solution in mind that would address the concerns? MR. LA FONTAINE-I don't understand why I would need to put, why I need to put a tree up to block the building. MR. DEEB-I really don't have a problem with that because I agree with your comment about the building. There's a lot of dilapidated buildings that need to be covered up in this Town and yours is a brand new building. I don't have a problem with that. MR. LA FONTAINE-So you have an issue with my employees parking on the grass? MR. DEEB-I think that's what Laura is saying. MRS. MOORE-It's the Code. MR. HUNSINGER-Yes. MR. LA FONTAINE-Okay. There's a lot of enforcing you're going to have to do in the Town of Queensbury. I'll absolutely do it, but every single person around me is parking on the grass. Every single person. So everybody around me is out of Code then. MR. SCHONEWOLF-Including all the private parking lots that are up and down the street. 25 (Queensbury Planning Board 05/19/2015) MR. LA FONTAINE-Exactly. MR. SCHONEWOLF-You better tell Mr. Baertschi that. MR. LA FONTAINE-Every single person's out of Code then. MR. DEEB-And I see your dilemma and I see what you're saying about the rest of the, you know. MRS. MOORE-You would pursue another review process through a variance to do that, because you're going would be decreasing the permeability on site. That's up to you. That's the Code. MR. HUNSINGER-Yes, I think Laura would be negligent if she didn't point that out. MRS. MOORE-And it's something you could do. I'm not saying you couldn't do that. MR. HUNSINGER-Right. MRS. MOORE-But it's another review process. MR. MAGOWAN-Ethan, what's that, just throwing it out there, it's the blocks that go in that allows the grass to grow up around and make it a parking lot so it doesn't kill the parking lot but the grass, and you still get to mow it. What do they call them? MR. HALL-It's a grass block or a grass paver system. MR. MAGOWAN-Yes. MR. HALL-There's several different kinds. There's one that's got a whole plastic under bed and it goes underneath it. You have to, it's very similar to the permeable paving. You have to put down a fairly substantial base underneath it. It's rather costly. I mean, either one of those it going to be a rather costly thing to put down. MR. LA FONTAINE-This is my dilemma, you know, I'll instruct all my employees not to park there, not to park on the grass area, but that's what happens, as I mentioned before. When we get busy, people look for any place they can find to park. So when they go back there, they're going to look at that spot and they're going to look to park, and I can put up barriers to block that, but then it creates another hazard on the property. That's going to make me create a curve or creating a structure, and that's where I put all my snow in the winter. The whole area stores snow. So now I'm going to have to move those structures, whatever they do to block the thing. MR. MAGOWAN-Well, Dennis, the only thing I'd see is you're going to have to shuttle your employees in. MR. LA FONTAINE-1 know. MR. MAGOWAN-It's a tough situation. MR. FERONE-How many of your 48 employees are there, are they all there at the same time? MR. LA FONTAINE-No, there's, I have 24 employees on any given shift. That's 24 cars, and again, it's just my business philosophy, my personal philosophy that I want them to park as far as they can away. MR. HUNSINGER-We do the same thing at my office. MR. SCHONEWOLF-You can put cones up and they can drive right by them. MR. LA FONTAINE-That's what happens. Thank God it happens very, very frequently that somebody is walking, going through those cones, but it happens, and that'll get fixed as soon as. I'll abide by what the Board wants me to do, but personally I'd like to just leave it as is. I mean, it's. MR. HUNSINGER-Did we close the public hearing? MR. SCHONEWOLF-Yes. MR. HUNSINGER-Did we do SEAR? 26 (Queensbury Planning Board 05/19/2015) MR. SCHONEWOLF-Yes. MR. HUNSINGER-Yes. Are there any other comments or concerns? MR. DEEB-I'd say put cones up for now. MR. SCHONEWOLF-I would, too, but I wouldn't put it in the resolution. MR. DEEB-Right. I'm not saying we're going to do that. It's not considered parking. MR. LA FONTAINE-So where do I put the cones up? Because that whole side, there's parking spots all in there. Am I supposed to put cones along that whole side? So what happens, people park in the normal parking spots along there. Then there's that access to The Great Escape property. They come into that access and then they go down the fence line, because I see there's a big area there and they park cars there. Do you want cones along that access road? MR. SCHONEWOLF-They'll last a day or so, yes. They'll get the point. Put signs on the fence that say don't park on the grass. I've seen that done. I don't think he needs to do that, but it'll keep Laura happy. MRS. MOORE-It's the Code. MR. DEEB-Our hands are tied. MR. HALL-Here's what would be my suggestion. We'll put up the signage that says, you know, no parking on the grass. We'll put that out there, and if it becomes a problem where there's still people parking on the grass, we'll investigate. I mean, I just don't know how to enforce it. I mean, it's a private business. I mean, we've got parking areas all up and down that whole area that are selling parking spaces on a daily basis. MR. SCHONEWOLF-And you're just trying to provide them for your employees. Right, what's wrong with that? MR. HALL-All Dennis is trying to do is put his employees there. MR. HUNSINGER-And I think all we're saying is you have a site plan, and your site plan shows grass. MR. LA FONTAINE-Right. MR. SCHONEWOLF-We could take it out of the site plan. Nothing says gravel spaces have to be permanent. MR. HUNSINGER-Well, that's to the west. That's not to the south. MR. HALL-Yes, that's to the west. This is the area down here. MR. MAGOWAN-As long as he's got grass there, it doesn't look like a parking lot. I mean, you have certain days that are probably busier than others, right? MR. LA FONTAINE-Yes. MR. SCHONEWOLF-Yes, turn the sprinklers on they won't park there. MR. LA FONTAINE-Yes, the sprinklers just got hooked up Sunday. MR. SCHONEWOLF-Yes, just change the timing on them a little bit. MR. LA FONTAINE-I've been having issues growing grass over there because I couldn't get water to it, but now I can get water to it, and I'll re-seed it. I'll get grass growing there. MR. MAGOWAN-Put a tough turf down. MR. SCHONEWOLF-Get some AstroTurf. MR. MAGOWAN-1 mean, like I said, I agree. I mean, they're parking everybody around there for a buck, you know, at all the different places all around him, and, you know, like he said, he's 27 (Queensbury Planning Board 05/19/2015) trying to put something for the employees. I understand that we have to follow a Code, but as long as it still looks like grass, and it doesn't look like a parking lot. So if you see the grass starting to die. MR. LA FONTAINE-Re-seed it. MR. MAGOWAN-Re-seed it and have your employees park off it for a little bit. MR. SCHONEWOLF-Fertilize it heavily. MR. HUNSINGER-Any other comments from the Board? Are you ready for a motion? MR. SCHONEWOLF-Yes. RESOLUTION APPROVING SP #26-2015 MARTHA'S DANDEE CREME The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: To modify two previously approved site plans: South end) landscaping, light poles, access gate, tree change, lighting fixtures; North end) light poles, 30 gravel parking spaces to permeable, handicap relocation, light pole height. Pursuant to Chapter 179-3-040 of the Zoning Ordinance Modification to an approved site plan shall be subject to Planning Board review and approval. 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; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation -No County Impact (5-3-15); The Planning Board has reviewed the potential environmental impacts of the project, pursuant to the State Environmental Quality Review Act and issued a Negative Declaration; The Planning Board opened a public hearing on the Site plan application on 5-19-2015 and continued the public hearing to 5-19-2015 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 5-19-2015; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval approved as further discussed below MOTION TO APPROVE SITE PLAN NO. 26-2015 MARTHA'S DANDEE CREME, Introduced by Paul Schonewolf who moved for its adoption, seconded by Thomas Ford: Per the draft resolution provided by staff conditioned upon the following: 1) Include the gentleman's parking agreement; 2) Adherence to the items outlined in the follow-up letter sent with this resolution. Duly adopted this 19th day of May, 2015, by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. LA FONTAINE-Thank you. MR. HALL-Thanks. MR. HUNSINGER-Thank you. SITE PLAN NO. 28-2015 SEAR TYPE-TYPE II JAMES & JOAN MEYER OWNER(S) SAME AS ABOVE ZONING WR LOCATION 27 SUNNYFIELDS LANE APPLICANT PROPOSES TO DEMOLISH SEASONAL RESIDENCE AND CONSTRUCT A 2,450 SQ. FT. (FOOTPRINT) 28 (Queensbury Planning Board 05/19/2015) SINGLE FAMILY DWELLING (3,649 SQ. FT. FLOOR AREA). PURSUANT TO CHAPTER 179- 6-060 OF THE ZONING ORDINANCE CONSTRUCTION WITHIN 50 FEET OF 15% SLOPES SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SB 8-95, SB 14-99, AV 60-99, SP 39-00, AV 49-90 WARREN CO. REFERRAL MAY 2015 APA, CEA, OTHER APA & NWI WETLANDS, L G PARK CEA LOT SIZE 1.01 ACRES TAX MAP NO. 227.17-1-9.4 SECTION 179-6-060 JIM & JOAN MEYER, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. This applicant proposes demolition of a seasonal residence and construction a 2,450 sq. ft. footprint single family dwelling, and the Floor Area is 3,649 sq. ft. This applicant is also proposing a project within 50 feet of 15% slopes. MR. HUNSINGER-Good evening. MR. MEYER-Good evening. MR. HUNSINGER-If you could identify yourselves for the record. MR. MEYER-I'm Jim. This is Joan Meyer. Devin Dickinson. We live at 24 Queens Lane in Queensbury. This review is for a second property we own at 27 Sunnyfields Lane on Cleverdale. The project site is currently developed with a single family seasonal home drive and onsite septic system. The proposed development will remain consistent with the character of the site and the neighborhood. The new home will meet all required setbacks and bulk requirements and the size of the home is consistent with other homes in the surrounding area. Furthermore, the project has been designed to minimize impact to the project site by limiting ground disturbance and tree cutting. Additionally, the nonpermeable area is increasing by less than 1,000 square feet. The onsite septic system will be over 400 feet from the lake, and I guess even though it's technically not required, we've added a bio filter rain garden at the home site and a shallow infiltration basin near the road to handle stormwater. Stormwater runoff will be decreased by this development. The home will have brown siding, dark green trim and a green roof and we feel that the project is consistent with the vision, goals, and policies of the Town Comprehensive Plan. MR. HUNSINGER-Anything else? MR. MEYER-No. MR. HUNSINGER-Questions, comments from the Board? MR. FORD-You've had a chance to look over the Chazen? MR. MEYER-Yes, the Chazen report is actually. Yes, do you want to do that? DEVIN DICKINSON MR. DICKINSON-Devin Dickinson from Dickinson Associates. I did all the surveying and engineering for this project. I actually spoke with Craig Brown and Sean Doty from Chazen. There was a miscommunication about the stormwater. He thought we were increasing the impervious by more than 1,000. So I actually, on Sean Doty's recommendation, wrote a letter in response to that, that we were under 1,000 and that those comments did not apply. MR. FORD-How about Number Two, it's unclear how runoff will be directed to these devices, talking about the shallow infiltration basin and bio filter. MR. DICKINSON-Sure. The bio filter will get natural runoff from the roof. The shallow infiltration basin we'll slope the drive towards that shallow swale. MR. FORD-1 also starred the area here under Number Two, all water from newly created impervious areas which would otherwise runoff the parcel shall be directed to an infiltration device. As such the applicant shall update the plans as necessary to meet this provision of the Code. MR. DICKINSON-These comments don't apply anymore. We're actually not required to provide any stormwater on that site. We have provided some controls, offered some treatment, but by the Code we actually don't have to provide any stormwater, because we're increasing the impervious area by less than 1,000 square feet. 29 (Queensbury Planning Board 05/19/2015) MRS. MOORE-1 do have a letter from the engineer that explains the same thing, and it's basically. Do you want me to read it into the record? MR. FORD-Yes, please. MRS. MOORE-And it's addressed to Mr. Brown. The Chazen Companies has received the latest submission responding to technical comments offered by Chazen on May 18th. Based on the information provided by the applicant's engineer, we understand that this project will disturb less than 1,000 square feet and create less than 1,000 square feet of impervious area. As such this project is exempt from the requirements set forth in Section 147, Stormwater Management, per Section 147-11 D(2) of the Town Code. Based on the information, all technical comments offered have been addressed satisfactorily. MR. HUNSINGER-Good. Thank you. MR. FORD-Thank you. MR. DEEB-But you've already said you're going to add that anyway. MR. MEYER-Yes. MR. DEEB-Which shows you're trying to do the right thing. MR. MEYER-We're also going to do stormwater up above. MR. DICKINSON-We've offered some infiltration. MR. MEYER-To catch the road. MR. SCHONEWOLF-That's a nice house. MR. MAGOWAN-Yes, really nice looking house. MR. MEYER-Thanks. MR. MAGOWAN-1 mean, it's going to fit nice on that lot, too. MR. MEYER-Yes, we're fortunate to have a nice lot, and there's plenty of land and we're trying to do the right thing. MR. HUNSINGER-And it's one of those projects where you can't really appreciate it until you go and visit the site and really see what the site's like. MR. MEYER-Plenty of land. Very fortunate. MR. FORD-Yes. MR. MAGOWAN-You're going to start this in the fall to get the summer out of it, or are you going to do it? MR. MEYER-Yes, we're tearing it down now. No, it's a definite fall into spring project. MR. HUNSINGER-Any other questions or comments from the Board? MR. FORD-1 have none. MR. HUNSINGER-We do have a public hearing scheduled this evening. Is there anyone in the audience that wishes to address the Board on this project? I don't see any hands. Any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-1 do have one from the Lake George Water Keeper. Addressed to Mr. Hunsinger. "The above referenced Site Plan Review application was personally reviewed in my capacity as a licensed professional engineer and the Lake George Water Keeper. The Water Keeper acknowledges the benefits from the new onsite wastewater treatment system that incorporates peat filter treatment with a maximum setback to the shoreline. However, the proposed stormwater management plan should be revised to meet the requirements of the Town Code and to provide water quality improvements. The Lake George Water Keeper requests the Planning Board apply the Town's regulations, specifically Chapter 147 and § 179- 30 (Queensbury Planning Board 05/19/2015) 9-070.H regarding the imposition of conditions to address mitigation of project impacts, during your deliberations regarding the above referenced site plan application. The proposed project fails to provide stormwater management in the area of the increased impervious cover as required under §147-11.1.2.a. The project proposes to increase impervious cover within 150 feet of the shoreline. However, an infiltration basin, which provides the majority of the stormwater management, will be located over 400 feet from the shoreline and will be ineffective at reducing the increased runoff. The applicant should be required to provide stormwater management in the area that can maximize water quality benefits and reduce runoff impacts to Lake George as required by Town Code. The proposed bio filter does not meet the volume and treatment requirements of the Town Code. An underdrain, which discharges directly to Lake George, is provided in the bio filter that will effectively eliminate the ability for infiltration and compliance with the Town Code. The underdrain should be eliminated should be eliminated to maximize stormwater management. The applicant should provide soil testing for stormwater management controls to demonstrate required separations and verify percolation rates. The Planning Board should condition any approval requiring the installation of stormwater management for the entire structure to maximum extent practicable and not for just the increased impervious cover. The Planning Board should take this opportunity to increase compliance with the Town Stormwater Code and improve water quality by requiring stormwater management controls for the entire structure. This can be achieved through Low Impact Development (LID) measures such as rain gardens or proposed vegetation and soils as part of a stormwater treatment plan. The OWTS should be designed to accommodate expansion bedroom(s) in the future as recommended in the New York State Department of Health Design Handbook. The proposed floor plans include an unfinished "bonus" room with bathroom and office that could reasonably be converted to a bedroom and should be incorporated as such for system sizing. A note should be included on the plans to indicate the extent of clearing and to protect existing mature vegetation, especially in the shoreline buffer area. The Lake George Water Keeper recommends the Town of Queensbury Planning Board table the application and requests: 1) Compliance with the Town Code regarding infiltration requirements and soil testing; 2) Consider a condition to provide stormwater management for the entire proposed structure. 3) Consider compliance with the recommendations of the NYSDOH Design Handbook regarding bedrooms conversions; and, 4) Require a note regarding the extent of clearing and the protection of existing mature vegetation. The Lake George Water Keeper looks forward to working with the Town of Queensbury Planning Board to defend the natural resources of Lake George and its watershed. Thank you for your consideration. Sincerely, Christopher Navitsky, PE Lake George Water Keeper" MR. SCHONEWOLF-If you hadn't mentioned rain garden I'd have thought that's the same letter you read an hour ago. MR. HUNSINGER-Is that the only comment? MRS. MOORE-Correct. MR. HUNSINGER-We will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type 11 SEAR. Are there any SEAR issues, concerns from the Board? Any remaining issues or concerns anyone wants to address? If not, if you'd like to make a motion. RESOLUTION APPROVING SP #28-2015 JAMES & JOAN MEYER The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: To demolish seasonal residence and construct a 2,450 sq. ft. (footprint) single family dwelling (6,234 sq. ft. floor area). Pursuant to Chapter 179-6-060 of the Zoning Ordinance Construction within 50 feet of 15% slopes shall be subject to Planning Board review and approval. 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; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation -No County Impact (5-3-15); The Planning Board opened a public hearing on the Site plan application on 5-19-2015 and continued the public hearing to 5-19-2015 when it was closed, 31 (Queensbury Planning Board 05/19/2015) 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 5-19-2015; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN NO. 28-2015 JAMES & JOAN MEYER, Introduced by Paul Schonewolf who moved for its adoption, seconded by Stephen Traver: Per the draft provided by staff conditioned upon the following: 1) Waivers request granted: traffic, commercial construction/alteration; 2) Adherence to the items outlined in the follow-up letter sent with this resolution Duly adopted this 19th day of May 2015 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. MEYER-Very good. Thank you. SITE PLAN NO. 30-2015 SEAR TYPE-TYPE II T. CRAIG JENKIN OWNER(S) SAME AS ABOVE APPLICANT PROPOSES CONSTRUCTION OF AN 816 SQ. FT. HORSE BARN AND FENCE. PURSUANT TO CHAPTER 179-3-060 OF THE ZONING ORDINANCE AGRICULTURAL USE IN AN RR ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AD 1-04 WARREN CO. REFERRAL MAY 2015 LOT SIZE 28.78 ACRES TAX MAP NO. 290.14-1-7.1 SECTION 179-3-040 LISA HEINZEN JENKIN & CRAIG JENKIN, PRESENT MRS. MOORE-The applicant proposes construction of an 816 sq. ft. horse barn and fence area. The applicant has explained the property was re-zoned in 2014 from MDR to RR-3A. The information submitted shows the location of the existing area that has been cleared to include the barn, gravel access drive and fenced in pasture area. MR. HUNSINGER-Good evening. If you could identify yourselves for the record. MRS. JENKIN-I'm Lisa Heinzmen Jenkin. MR. JENKIN-And Craig Jenkin. MR. HUNSINGER-Did you want to tell us about your project? MR. JENKIN-Sure. We own 28 acres over on Rockwell Road, and bought the property back in 1999. Originally we had plans, at some point in our lives, to have horses. My wife is a horsewoman and we've owned a couple of horses at different times. Not keeping them on our property. Over the years we've had a family, haven't had quite the means to do what we wanted to do, and in 2007 the zoning for our property was changed from SR-1A to MDR. A few years subsequent to that, we started looking into having the horses and we found out that in MDR that was not allowed in the Town of Queensbury. My wife decided to go to the Town Board and we started to look at our different options to be able to have the horses and we went to the Town Board and we spoke with them, received quite a bit of support to change it to RR-3A which allows agricultural use with the Planning Board review and approval, and in January 2014, the Town Board approved the changed of zoning in that area around Rockwell Road to RR-3A, and that brings us to where we're at now, where we're now looking for approval for an agricultural use which requires the Planning Board review and approval. MR. HUNSINGER-Anything else? MR. JENKIN-No. MR. HUNSINGER-Questions, comments from the Board? MR. DEEB-Your neighbor down the road has horses, right? 32 (Queensbury Planning Board 05/19/2015) MR. JENKIN-Yes, actually our next door neighbor. MRS. JENKIN-Roger Brassell. MR. JENKIN-Has, which is our closest neighbor and we have the most contiguous property frontage with has a number of horses on his property. MR. DEEB-Not new to the area. MR. JENKIN-No, they've had horses forever. MR. FORD-And just a little further north on the opposite side of Rockwell there are also horses. MR. JENKIN-That's correct. The Monahan's have horses up there as well. MR. FORD-1 have a question about the water source that you talk about. What is the source of that water? MR. JENKIN-We have a well on our property. MR. FORD-Okay. MR. JENKIN-So we'll tie into that. MR. FORD-With the barn that's being proposed, how many horses conceivably could be housed there? How many stalls will you have? MRS. MOORE-There's no more than two horses based on the acreage. MRS. JENKIN-So no more will be allowed. MR. FORD-That isn't what I asked. MRS. JENKIN-Technically there would be potentially three stalls, but because we can't with the Town's Ordinances have more than two, we probably would never have more than two. MR. DEEB-You can't. MRS. JENKIN-We can't. Right. MRS. MOORE-Unless they go through a variance process. MR. DEEB-Right. MR. MAGOWAN-Yes, watch your wording tonight, okay. MR. FORD-How about hay and other feed storage? MRS. JENKIN-That's a good question. The third stall could actually be used for hay. It's preferred to not store it above. There may be a loft in this barn where we could put the hay, but it's actually for horse's health it's better to keep it on ground level. . So we would probably use that third stall, rather than having it above, because then the dust comes down on top of the horses and it's not as healthy. So probably just that, it's a 12 by 12 stall where we'll probably put the hay, and with one horse you wouldn't go through that very quickly. MR. SCHONEWOLF-You're just going to have one horse? MRS. JENKIN-Yes. Actually I inherited, there's a little, I think a little message in your packet. I actually inherited this mare from my cousin. She passed away from cancer a couple of years ago and her mare came to me. I told her I would take care of her. So, I didn't go out and buy her, but. It's a bit of a heart story. MR. DEEB-How old is the horse? MRS. JENKIN-She's 14. MR. FORD-1 think we're going to help you. MRS. JENKIN-That would be great. 33 (Queensbury Planning Board 05/19/2015) MR. HUNSINGER-Any other questions, comments or concerns from the Board? We do have a public hearing scheduled for this project as well. Did you want to say anything? PUBLIC HEARING OPENED ROGER BRASSELL DR. BRASSELL-No. In fact, we're in agreement that it's a good idea. MR. HUNSINGER-Were there any written comments, Laura? MRS. MOORE-There's no written comments. MR. HUNSINGER-I will open the public hearing and then close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-Let the record show no comments were received. My only concern with your proposal is if one of your neighbors showed up to complain or show concern, and I mean, I know you have one neighbor that already has horses. So you certainly have plenty of land. MR. JENKIN-Yes, we have lots of land and really the Brassells are the only one that can see our house. MR. FORD-And I am one of your neighbors, and I'm not complaining. MR. HUNSINGER-I mean, I knew that red house was there. I really didn't know your property was back down in there. MR. JENKIN-Yes, it's not visible from the road. MR. HUNSINGER-Right. MR. JENKIN-I guess the people on Clearview, during the wintertime, can see our house, but they wouldn't even be able to see in the back. MR. HUNSINGER-Are there any other questions or concerns from anyone on the Board? This is a Type II SEAR so no SEAR review is necessary, and unless there's something else from any of the Board members, a motion would be in order. Are you ready? MR. SCHONEWOLF-Yes. The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Applicant proposes construction of an 816 sq. ft. horse barn and fence. Pursuant to Chapter 179-3-040 of the Zoning Ordinance Agricultural Use in a RR zone shall be subject to Planning Board review and approval. 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; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation -No County Impact (5-3-15); The Planning Board opened a public hearing on the Site plan application on 5-19-2015 and continued the public hearing to 5-19-2015 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 5-19-2015; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN NO.30-2015 T. CRAIG JENKIN, Introduced by Paul Schonewolf who moved for its adoption, seconded by Thomas Ford: Per the draft resolution provided by staff conditioned upon the following: 34 (Queensbury Planning Board 05/19/2015) 1) Waivers request granted: topography, traffic, commercial construction/alteration, soil logs; 2) Adherence to the items outlined in the follow-up letter sent with this resolution. Duly adopted this 19th day of May, 2015, by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Good luck. You're all set. MR. JENKIN-All right. Thank you. MR. HUNSINGER-Thank you. MR. HUNSINGER-So as everyone knows we have another meeting on Thursday evening. Laura, I just want to ask a question if you need to talk to Counsel. Jaime raised a really good question on the Dandee Creme ice cream project. It seems to me like she should be able to ask the question from the table without having to step out into the audience. I mean, that's pretty awkward. So I give you credit for having the guts to do that. MS. WHITE-1 debated. MR. HUNSINGER-But could you ask Counsel? MRS. MOORE-1 will ask them how that process, but I think that's correct, what she did was the correct process. MR. HUNSINGER-You think so? MR. SCHONEWOLF-Absolutely. MRS. MOORE-She wasn't sitting. She was observing, and if one of you had stepped down during that meeting, she would have had to step in. MR. HUNSINGER-Right. MRS. MOORE-Or not to. MR. HUNSINGER-1 guess my own feeling is, you know, we often will ask if there are Staff concerns. So, I mean, I would feel comfortable if an alternate that was sitting in the meeting, you know, were to just have the ability to ask, but if you could clarify with Counsel. MR. DEEB-It's an interesting question. That's the first time that ever came up. MR. FORD-Good point, Chris. MS. WHITE-What was the comment, Chris? MR. HUNSINGER-Paul thinks you do need to step away from the table. MR. SCHONEWOLF-Which she did. MS. WHITE-And I conferred with Mr. Traver before I asked that question as well and he suggested. MR. HUNSINGER-Okay. It just seemed awkward. That's all. There has to be an easier way to do that. MR. TRAVER-1 think potentially for an applicant, particularly if there were a denial or there were a number of conditions on an application, they might. MR. SCHONEWOLF-Be confused. MR. TRAVER-Well, they might say that we have an eighth member. MR. SCHONEWOLF-That's what 1, that's why you step away. 35 (Queensbury Planning Board 05/19/2015) MR. SCHONEWOLF-Good point. Okay. MR. TRAVER-Right. MR. HUNSINGER-Okay. MRS. MOORE-1 have just a letter from the APA. If you're familiar, Brian Grisi has stepped down. He retired. The person that takes his place is Robin Burgess. She's been there for quite a while, and so you'll interact with her, if you have other questions about planning projects and things like that, or from me, I will communicate to her and relate it back to the Board. MR. SCHONEWOLF-That's too bad. I was hoping for John Salvador. MR. HUNSINGER-Yes, and speaking of John Salvador, we got a letter from him this evening. Was the Hoffman case settled? MR. SCHONEWOLF-Yes, the judge settled it and we're just regarding it. MR. TRAVER-It became a jurisdictional issue, but what he's talking about is the fact that there may have been some fraud. MR. HUNSINGER-There was fraud. MR. TRAVER-Yes, I don't think that was ever adjudicated. So, I mean, the fraud is alleged, but I don't think we can say there was fraud. MR. HUNSINGER-I'm shocked. I had no idea the case was settled. Yes. MR. TRAVER-1 only scanned his letter briefly, but I think that's what he's pointing out is that issues remain that haven't been adjudicated related to the potential fraud. MR. SCHONEWOLF-Well, I have a problem when somebody comes up and asks us to approve their dock and if we ask them if they got a permit from the Lake George Park Commission I have no problem with that, but if we're just giving them the approval and nobody else is, and the Lake George Park Commission has got charge of the water, and the water's in another Town, and you go down and ask the Assessor, well then my assessment comes off, right? She goes, no. So it's going to take an Article 78, like we did a few years ago from a homeowner's group. The problem with doing that is the assessment might be worse than ours, but it's going to happen. MRS. MOORE-That's all I had. MR. HUNSINGER-Okay. MR. FORD-1 move we adjourn. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF MAY 19, 2015, Introduced by Thomas Ford who moved for its adoption, seconded by Paul Schonewolf: Duly adopted this 19th day of May, 2015, by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Traver, Mr. Ferone, Mr. Deeb, Mr. Ford, Mr. Hunsinger NOES: NONE MR. HUNSINGER-I'll see everyone but Steve Thursday night. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman 36