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11-19-2015 (Queensbury Planning Board 11/19/2015) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING NOVEMBER 19, 2015 INDEX Site Plan No. 75-2014 McDonald's USA, LLC 1. FURTHER TABLING Tax Map No. 302.6-1-48, 49 Site Plan No. 59-2015 Stewart's Shops Corp. 3. TABLING Tax Map No. 288.00-1-54 Subdivision No. 22-2005 Townhouses at Haviland HOA, Inc. 4. Subdivision No. 3-2014 Mod. Tax Map No. 290.17-2-39 Site Plan No. 33-2015 Harold & Patricia Taylor 4. Tax Map No. 289.7-1-39 Site Plan No. 58-2015 Fritz & Mary Stefanzick 6. Tax Map No. 240.6-1-11 Site Plan No. 60-2015 Jeffery Hamilton 12. Tax Map No. 239.12-2-19 DISCUSSION ITEM Joseph Leuci 16. Tax Map No. 295.15-1-6 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. QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING 1 (Queensbury Planning Board 11/19/2015) NOVEMBER 19, 2015 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN PAUL SCHONEWOLF, SECRETARY THOMAS FORD GEORGE FERONE STEPHEN TRAVER WILLIAM MAGOWAN DAVID DEEB LAND USE PLANNER-LAURA MOORE STENOGRAPHER-SUE HEMINGWAY MR. HUNSINGER-Good evening, everyone. I'd like to call the Town of Queensbury Planning Board meeting on Thursday, November 19th to order. For members of the audience, welcome. There are copies of the agenda on the back table. There's also copies of the public hearing procedures. All of our items do have public hearings scheduled this evening. Before we get into the regular agenda, there are three Administrative Items for us to consider. The first one is a further tabling motion for McDonald's USA. ADMINISTRATIVE ITEMS: FURTHER TABLING/DENY WITHOUT PREJUDICE: SITE PLAN 75-2014 MCDONALD'S USA, LLC DEMOLITION OF CURRENT BUILDING AND CONSTRUCTION OF NEW BUILDING RENEE REARDON, REPRESENTING APPLICANT, PRESENT MRS. MOORE-Mr. Chairman, I do have someone in the audience that can speak, give us an update, if you would like to hear that. MR. HUNSINGER-That would be great. MRS. MOORE-1 thought you would. MR. HUNSINGER-1 did see that we got a new letter in our package this evening from Bohler Engineering. MRS. MOORE-There's additional information that she can share about where the project's at. MR. SCHONEWOLF-Good. MS. REARDON-Hello. MR. HUNSINGER-Good evening. MR. FORD-Welcome back. MR. HUNSINGER-If you could identify yourself for the record. MS. REARDON-Sure. I'm Renee Reardon. I'm the owner/operator for McDonald's franchisee. I don't know who's been here in the last year. So I'll just give you the update from my perspective. First, that whole company was re-districted. I'm sure you're seeing a lot of things are being changed. So we used to be serviced out of Boston here, and now we're being serviced by a development director out of New York City. So they came up to the restaurant and met with me last week. So we talked about where we were at with the building and you guys, etc., etc. So some things are changing on the menu. So they're going to take a look at the building plan and look at re-sizing it or re-shaping it based on some new menu developments. So before they submit again you'll see a different plan, actually I think it's a little bit smaller. So that's probably the biggest thing that's happening. I was going to tell you they're not excited about closing the back exit, and I know that's been an issue on previous times and I will speak to that as the person who works there on a regular basis. The back exit, there's a lot of customers that come in the back to go to the drive thru. That's a business entrance. The other piece of it is I need it, you know, whether it's snowplowing or the fire 2 (Queensbury Planning Board 11/19/2015) department or whatever, we need the back exit. I know there's issues or concerns with the neighbors about the traffic that goes out the back or down the back, but the plans are going to move it way down towards the other end of the lot, and then the restaurant, when it gets approved, will be closed for almost 115 days, and 115 days those people that cut through and go up and down that street are going to change their behavior because they won't be able to get through when it's under construction. So I think that that will get rid of a lot of that naturally cutting through traffic, but I worked there this morning for about three hours planting the bulbs for next spring since it's going to still be there next spring, and I can honestly tell you that at least 30 of the customers that came in the back came in to use the drive thru. So I would hate to take that kind of business away from the local folks who are doing that. So I don't think you'll see a plan with the back entrance closed. I do think you'll see at the very end of the lot. I think there was one other thing Laura talked about was exploring permeable pavement, and that is one of the things they're going to do a bunch of work on in the next six weeks, eight weeks or whatever. So when you do see the plan, they will talk about it. I will tell you I don't think the whole lot will be that way. I also know that it's relatively expensive and the person who pays for the pavement is me. So I know what I paid to re-do Exit 18. So if it's a huge financial burden, I don't think it's going to happen, but if it's a piece of the lot it may happen, and I also think they want a little bit more research on what happens to permeable pavement in our environment. I mean, seriously that's not been tested in the Northeast a lot. So those are the things I can tell you. I can also tell you that they are, they have spoken to a local attorney who does a lot of work with them, who's doing a couple of the buildings down south and is familiar with the corporation. Since they're not as local as they were, they're going to have an attorney help expedite the process, if you will. So that's my uptake. MR. HUNSINGER-Okay. Great. Thank you. MS. REARDON-Okay. MR. HUNSINGER-Any questions for the applicant while she's here? MR. DEEB-You said you counted 30 customers come in this morning? MS. REARDON-Yes, I was there, I got there about quarter after eight and planted flowers until 11. There was at least 30 cars that cut through the back just to come to the drive thru. MR. DEEB-Did any of them cut through? Thirty out of how many cars came through? MS. REARDON-About 45. MR. DEEB-So 15 drove through? MS. REARDON-Yes. There's a lot that drive through. MR. DEEB-Yes, I know. MS. REARDON-Well, because you think of how long it's been there. Well, I've been doing this for 38 years, and it's been there as long as I have, and the restaurant was 51 years old in August. So originally that Old Aviation Road was open and that's the way you came down, and I think just a lot of local people do that, and even though we've re-shaped the back so you can't get out, people still go out that way, too. MR. DEEB-Yes. MR. SCHONEWOLF-School teachers. It's hard to change their minds. MS. REARDON-School teachers and cabs. That's the other one that's a killer. MR. MAGOWAN-You used to be able to cut through True Value. Then they put that up there. MS. REARDON-Right. MR. MAGOWAN-That was another big spot, and then once they did that. MS. REARDON-I'm willing to shut it off for a day or two just to see what happens and put a little sign out there that says you guys asked me to, just for a litmus test to see what happens. So if there's anything else you want me to find locally, I can do whatever, but you'll probably see us like in February maybe. 3 (Queensbury Planning Board 11/19/2015) MR. HUNSINGER-So you'll submit by January 15th. MS. REARDON-Yes. Actually the guy who's handling the development for McDonald's is not local, but he worked out of the Albany office. So I have a pretty good relationship with him, and he's on the Board of Directors at SUNY Albany. So he is sort of a local guy. MR. HUNSINGER-Is that the Bohler Engineering? MS. REARDON-No. He's the one who works for McDonald's Corporation. MR. HUNSINGER-Okay. MS. REARDON-Who's the contact with Bohler. So, yes, Bohler is going to re-draw, because the building's changed again. MR. HUNSINGER-1 mean, we see Bohler's work quite often. MS. REARDON-Yes. Yes, still Bohler, but the new guy's name is John. MR. HUNSINGER-Great. So we have a draft resolution in our package that was given to us this evening. RESOLUTION TABLING SP# 75-2014 MC DONALD'S USA, LLC MOTION TO FURTHER TABLE UNTIL FEBRUARY 23, 2016 SITE PLAN NO. 75-2014 MC DONALD'S USA, LLC, Introduced by Paul Schonewolf who moved for its adoption, seconded by David Deeb: Tabled to February 23, 2016. Duly adopted this 19th day of November 2015, by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Well, happy holidays and we'll see you after the first of the year. We also have a tabling resolution for us for Site Plan 59-2015 for Stewart's Shops Corp. TABLING: SITE PLAN 59-2015, AV 60-2015, SV 61-2015 STEWART'S SHOPS CORP. REQUEST TO CONFIRM PUBLIC HEARING TO BE LEFT OPEN AS PART OF PUBLIC RECORD. MR. HUNSINGER-The public hearing will be left open, and is there anyone in the audience that was here for that project? Okay. We will table the public hearing, and we have a draft resolution in our package for that one as well. That will be tabled to January 19tH RESOLUTION TABLING SP# 59-2015 STEWART'S SHOPS CORP. The applicant has submitted an application for the following: Applicant proposes demolition of existing gas service station/convenience store and replace with a new 3,897 sq. ft. Stewart's Shop with three self-serve multi-product dispensers under a 1,500 sq. ft. canopy (6 pumps). Pursuant to Chapter 179-3-040 of the Zoning Ordinance. New convenience store with fuel shall be subject to Planning Board review and approval. Variance: Area Variance for setbacks and permeability. Also sign variance for size and set back. MOTION TO TABLE SITE PLAN NO. 59-2015 for Stewart's Shops Corp.: Introduced by Paul Schonewolf who moved its adoption, seconded by Thomas Ford; and Tabled to the January 19th 2016 Planning Board meeting for planning board recommendation to the zoning board of appeals for AV60-2015 & SV 61-2015 so the applicant will address the sign size, as well as provide building color samples and color schemes. Duly adopted this 19th day of November 2015 by the following vote: AYES: Mr. Deeb, Mr. Ferone, Mr. Magowan, Mr. Traver, Mr. Ford, Mr. Schonewolf, Mr. Hunsinger 4 (Queensbury Planning Board 11/19/2015) NOES: NONE MR. HUNSINGER-And finally we have a tabing resolution for Subdivision 22-2015 the Townhouses at Haviland HOA, Inc. FURTHER TABLING: SUBDIVISION 22-2015 & 3-2014 TOWNHOUSES AT HAVILAND HOA, INC. REQUEST TO TABLE TO THE DECEMBER 15, 2015 MEETING. MR. HUNSINGER-And they've requested that we table that to the December 15th meeting, and again there's a draft resolution in your package. RESOLUTION TABLING SUB #22-2015 & 3-2014 TOWNHOUSES AT HAVILAND HOA, INC. MOTION TO TABLE SUBDIVISION NO. 22-2005 & 3-2014 MODIFICATIONS TOWNHOUSES AT HAVILAND HOA, INC, to the December 15, 2015 Planning Board Meeting. Introduced by Paul Schonewolf who moved for its adoption, seconded by George Ferone: Per email dated November 4, 2015 from Sanford Searleman, President of Townhouses at Haviland HOA, Inc. to Laura Moore to present to the Queensbury Planning Board. Duly adopted this 19th day of November, 2015, by the following vote: AYES: Mr. Traver, Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Ferone, Mr. Magowan, Mr. Hunsinger NOES: NONE MR. HUNSINGER-And the public hearing on that will be left open. And our regular agenda under Old Business. The first project is Site Plan 33-2015. SITE PLAN NO. 33-2015 SEAR TYPE TYPE II HAROLD & PATRICIA TAYLOR AGENT(S) ETHAN HALL — RUCINSKI HALL ARCHITECTURE OWNER(S) TAYLOR FAMILY REVOCABLE TRUST & OTHERS ZONING WR LOCATION 27 REARDON ROAD EXTENSION APPLICANT PROPOSES TO RENOVATE AN EXISTING HOME ENCLOSING AN OPEN PORCH AND ALTERING INTERIOR LIVING AREA AND BEDROOMS WITH A 289 SQ. FT. ADDITION; NEW FLOOR AREA OF 589 SQ. FT., NEW HOME WILL HAVE 2,399 SQ. FT. FLOOR AREA. REVISED PLANS SUBMITTED WITH REMOVAL OF 109 SQ. FT. PATIO REPLACED WITH GRASS AND SHRUBS ALONG SHORELINE. PURSUANT TO CHAPTER 179-3-040 179-6-050, 179-13-010 OF THE ZONING ORDINANCE ALTERING SHORELINE WITHIN 50 FEET OF THE SHORELINE WITHIN 50 FEET OF THE SHORELINE AND EXPANSION OF A NON-CONFORMING STRUCTURE IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 27-15, BP'S APA, CEA, OTHER GLEN LAKE CEA LOT SIZE 0.24 ACRES TAX MAP NO. 289.7-1-39 SECTION 179-3-040, 179-6-050, 179-13-010 ETHAN HALL, REPRESENTING APPLICANT, PRESENT; HAROLD TAYLOR, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. This applicant proposes to renovate an existing home, enclosing an open porch and altering interior living area and bedrooms with a 289 sq. ft. addition. What has changed or been revised is that the applicant met with the Zoning Board and the applicant proposed to remove a 109 sq. ft. patio to replace with grass and shrubs along the shoreline, and last evening the Zoning Board approved that application. MR. HUNSINGER-Okay. Thank you. Good evening. MR. HALL-Good evening. Ethan Hall, principle with Rucinski-Hall Architecture. With me tonight is Harold Taylor, the owner of the property. As Laura said we were at Zoning last night and received our zoning variances that were required. So we're back in front of you tonight for Site Plan Review. As Laura indicated, Mr. Taylor has proposed to remove 109 plus or minus sq. ft. of hard surfacing down in front of the camp on the lakefront and replace that with grass and shrubs so it's more permeable, to increase the permeability of the site, as requested by the Zoning Board. That's actually already been done. So we're one step ahead of the game here. Here we are, ready to go. MR. HUNSINGER-Okay. Questions, comments from the Board? 5 (Queensbury Planning Board 11/19/2015) MR. FORD-My compliments on that move you've already accomplished. MR. HALL-His grandson's actually hiked them up the hill. MR. HUNSINGER-I'm just looking for the date to see when we did actually review this. It was June 16th. So it's been a little while. MR. HALL-We went to the Zoning Board, after your initial recommendation, which went to the Zoning Board, and they requested additional items from us and we went back and got that done for them, and of course with a 60 day turnover. So once we got it all in front of them and got back in front of them last night. MR. HUNSINGER-I know there was an issue with the setback of the building. That was resolved as well? MR. HALL-There's no changes to the setback of the building. The building footprint is right where it is. Nothing's moving. We're just going straight up off of the existing foundations that are already there. Yes, there was an Area Variance for setback and setback from the lake and everything else. So those things all got taken care of. MR. HUNSINGER-Yes, it was the setback from the lake that they had asked for more information on. MR. HALL-Yes. Because of the two adjoining properties. It's the, Laura, correct me if I'm wrong. It's the median distance between the two adjoining. We didn't have that information. So we had to get the surveyors back out to locate the two adjoining. MR. HUNSINGER-Yes, exactly. Any other questions or comments from the Board? Comments from Staff? MRS. MOORE-You can open the public hearing. There are public comments. MR. HUNSINGER-Okay. If there's no questions from the Board, we will open the public hearing. Do you want to read the public comments, Laura? PUBLIC HEARING OPEN MRS. MOORE-Yes. These are dated back on June 12, 2015. So this is addressed to Mr. Brown. "Please accept this letter as an approval of Mr. and Mrs. Taylor moving forward with the addition to their home located next door to us. We have seen the plans and understand how the changes to the house would change the landscape. We were asked to provide this letter as proof that we were in agreement." And this is from Dennis DeFayette and Nancy DeFayette. Another one also dated June 12th, addressed to Mr. Brown. "I live at 25 Reardon Road Extension and I have reviewed the drawings of the proposed changes to the property. I have no objection to the project." This is from Smith, 25 Reardon Road. MR. HUNSINGER-Is there anyone in the audience that wishes to address the Board on this project? Okay. Then I will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-It's a Type II SEQR so no SEQR review is required. Unless there's any other questions or comments from the Board, we have a draft resolution in our package. There were a number of waivers that were requested. MR. SCHONEWOLF-They're granted, right? MR. HUNSINGER-Yes. RESOLUTION APPROVING SP# 33-2015 HAROLD & PATRICIA TAYLOR 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 to renovate an existing home enclosing an open porch and altering interior living area and bedrooms with a 289 sq. ft. addition; New floor area of 589 sq. ft., new home will have 2,399 sq. ft. floor area. Revised plans submitted with removal of 109 sq. ft. patio replaced with grass and shrubs along shoreline. Site Plan: Pursuant to Chapter 179-3-040, 179-6-050, 179-13-010 of the Zoning 6 (Queensbury Planning Board 11/19/2015) Ordinance altering shoreline within 50 feet of the shoreline and expansion of a non-conforming structure in a CEA 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; The Planning Board opened a public hearing on the Site plan application on 11/19/2015 and continued the public hearing to 11/19/2015 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 11/19/2015; 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 33-2015 HAROLD & PATRICIA TAYLOR, Introduced by Paul Schonewolf who moved for its adoption, seconded by Brad Magowan: Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request rg anted: The applicant has requested waivers from the following: g. lighting, h. signage, j. stormwater, k. topography, I. landscaping, m. land use districts, n. traffic, o. commercial alterations or constructions details, q. soil logs, s. snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution Duly adopted this 19th day of November 2015 by the following vote: AYES: Mr. Traver, Mr. Ferone, Mr. Ford, Mr. Deeb, Mr. Magowan, Mr. Schonewolf, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. MR. HALL-Thank you very much. Appreciate it. MR. HUNSINGER-You're welcome. MR. HALL-Thank you very much. MR. HUNSINGER-Thank you. Our next project is also under Old Business. SITE PLAN NO. 58-2015 SEAR TYPE TYPE II FRITZ & MARY STEFANZICK OWNER(S) SAME AS ABOVE ZONING WR LOCATION 43 HANNEFORD ROAD APPLICANT PROPOSES TO CONSTRUCT A SECOND FLOOR 1,025 SQ. FT. ADDITION, TO A ONE STORY 1,410 SQ. FT. FRAME HOUSE UTILIZING CURRENT HOUSE FOOTPRINT THROUGHOUT. FLOOR AREA EXISTING 2,562 SQ. FT. AND PROPOSED 3,587 SQ. FT. PURSUANT TO CHAPTER 179-13-010 OF THE ZONING ORDINANCE EXPANSION OF A PRE-EXISTING NON-CONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 58-2015, AV 69-2014, SP 61-2014 WARREN CO. REFERRAL NOVEMBER 2015 APA, CEA, OTHER CEA, APA, LGPC LOT SIZE 0.42 ACRES TAX MAP NO. 240.6-1-11 SECTION 179-13-010 FRITZ STEFANZICK, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant proposes to construct a second story addition to a one story wood frame home utilizing the current house footprint. Last evening the Zoning Board did grant setback relief on the south side for the new construction on the second floor closest to the property line. 7 (Queensbury Planning Board 11/19/2015) MR. HUNSINGER-Okay. Good evening. MR. STEFANZICK-Hello, again. I met with you on Tuesday evening. My name is Fritz Stefanzick, and, you know, I was here Tuesday looking for approval to enhance my one story house. I did have a variance to go five feet away from the setback boundary versus the 30 feet. I went to the Zoning Board yesterday and they did approve that. They liked the way the project looks and the concept. They thought it fit very nicely with the rest of the neighborhood. Also compliments the garage upgrade I did last year. Also putting in a new septic system, an enhanced septic system. Minimum disturbance to the property because I'm going to go straight up. The Board liked that, and also I had three formal letters of support from my neighbors. All in all a pretty good evening last night. MR. HUNSINGER-Great. Questions, comments from the Board? MR. FORD-Could you just briefly describe the enhanced septic system? MR. STEFANZICK-It's a Presby eco, environmentally advanced system. It uses up a much smaller footprint for the Ieachfield. Basically the way it works is it uses a lot more air filtration and circulation to do a better job with, you know, disintegrating and breaking down the waste. So I worked with Tom Hutchins engineer, and according to the Board of Health this is a system that they really like. It is a more environmentally sound system. MR. FORD-Thank you, and thank you for your explanation and for going with that kind of system. MR. SCHONEWOLF-That's actually an improvement on the Elgin system, isn't it? MR. STEFANZICK-It sure is. Yes, and, you know, I did have the system checked, the tank and the water and all that, and it is fine, however, I thought it would be a great thing to do, even though we have a very small part of the land. It's right next to the water. It's definitely beyond 100 feet from the water, but it is waterfront. So I wanted to do the right thing. MR. FORD-Cuts down on future concerns, hopefully. MR. HUNSINGER-Hopefully, yes. Any other questions or comments from the Board? We do have a public hearing scheduled this evening. Is there anyone in the audience who wishes to address the Board? We have one taker. The purpose of the public hearing is for members of the public to provide comment to the Planning Board. I would ask anyone who wishes to address the Board to state their name for the record clearly into the microphone. We do tape the meeting and the tape is used to transcribe the minutes. JOHN SALVADOR MR. SALVADOR-For the record my name is John Salvador, resident of North Queensbury. The gentleman mentioned the fact that there was a proposal to put in an enhanced treatment system. The only portion of the treatment system that is enhanced is the filter bed. The Presby system is an in-ground filter, and it's a variation of some of the others that you've seen before. At the Town Board meeting I brought up the issue that this is a filled system. You dig a hole in the ground in the natural system. You dig a hole in the ground and you fill it with the Presby soils and the filter medium. That's a filled system, and our sanitary code requires that it be setback from the lake 200 feet. The Town Board didn't pay too much attention to that, and as you know that Town Board variance approval must go to the APA to be approved. The APA has 30 days to look at this, and I have brought this issue to the APA. So that you're aware of that. Looking at your agenda for tonight, this property has a zoning classification of Waterfront Residential. There's another classification that attaches to this property, and it's the classification that the Town Assessor puts on property. This property has a property classification code of 283, and 283 has a definition of residential with commercial use. The commercial use on this property is a Class A Marina, and for this they have a Special Use Permit No. 1-2002, a Special Use Permit from the Town. The importance of this is that that Special Use Permit requires that they furnish certain sanitary facilities for that marina. This is a six slip marina. Okay. I'll get to that a little bit later, but first that property classification code is very important. That goes to explaining, if you will, that the assessed valuation of this property is $663,000 and some dollars. Now a property a quarter of an acre, a third of an acre, with a failing septic system has no value except for those boat docks. So, and they are compelled, under the permit from both the Town and the Park Commission, to furnish sanitary facilities for those boaters, and I'll get to that in a moment. So in the cross reference box you should have SUP 1-2002. As such, this is an expansion of a special use. They have a special use permit and they are planning to expand this building. The building is a very, very important part of the 8 (Queensbury Planning Board 11/19/2015) Special Use Permit because it houses the sanitary facilities. Okay. So there's an inseparable link between what's being expanded and that Special Use Permit. So I think they need either a modification to the Special Use Permit or special use variance. Looking at the drawing that was submitted for the wastewater, they showed dimensions of that lot, and it calculates to much less than 0.42 acres. It's only about a third of an acre. Now what they've calculated here, as you know, this lot has a steep cliff, if you will, and then a flat area to the road. It appears that this .42 acres includes the highway right of way, plus the cliff and that small little piece of land between the highway and the lake. I might add also that we're very concerned in North Queensbury about the nutrient enrichment of the lake, and it's been reported recently that those people who are active in removing milfoil, hand pulling milfoil, have removed about 22,000 pounds of milfoil from Warner Bay. Now milfoil doesn't grow unless it's fed. Gotta have nutrients. MR. SCHONEWOLF-You can kill milfoil in six months if you wanted to do it and did it right, but they don't want to do that here. MR. SALVADOR-I'm not hearing you. I'm sorry. MR. SCHONEWOLF-I said you can kill milfoil, six months, six months to a year, if you do it right, and they don't want to do it here. MR. SALVADOR-With the use of sonar. MR. SCHONEWOLF-Sonar, exactly, and there's a lot of lakes in the Adirondacks that don't have any milfoil because they use sonar. Sonar is perfectly safe. I've seen people drink it, but we've got some people here that say because we drink the water out of Lake George, we can't use sonar. That's baloney. MR. SALVADOR-That is baloney, but we have another thing called the Lake George law, and the Lake George law does not permit putting deleterious material in the lake. MR. SCHONEWOLF-That's more baloney. MR. SALVADOR-And that's where that prohibition comes from. MR. SCHONEWOLF-And it's also, if you don't kill the milfoil, it's a good thing to go out and ask people to contribute money to get rid of the milfoil, and you know that as well as I do. MR. SALVADOR-All right. Fine. I do believe that these plans that are before you, because of the characteristic of the lot, should have contour lines on it. You've got slopes here that you're dealing with and setbacks, if you will, and you really can't tell in just a plan view without contours. As I said, the Assessor's record shows the property to be classified 283, which is commercial use, and includes commercial use in a Waterfront zone. Now, a lakefront lot must have a primary use before it is allowed to have docks. You can't just have a vacant piece of land and build docks off of it. You've got to have a primary use on the land, and this dwelling we're talking about is that primary use, and without this dwelling, those docks could never have been permitted. MR. SCHONEWOLF-How faraway are you from this facility? Your docks? MR. SALVADOR-About a mile. MR. SCHONEWOLF-You don't know, but you know all the other numbers. MR. SALVADOR-I'll say a mile. The Assessor's records also show that this dwelling was built in 1923. Now I ask you what is the practicality of erecting a second story on top of a structure that is that old. Those load bearing members are nothing but popcorn. They're not going to support anything, let alone you've got a second floor bedroom facility. You're going to have a full bath up there. So I just don't see any engineer being able to design, any designer being able to put together a design that's going to be acceptable. Not only that, this structure is a slab on grade, and to meet the energy code you've got to insulate it. How are you going to insulate it without tearing it up? I theorize that this is going to be another one of those attempts to do some work, and that after they remove the roof, the building's going to collapse. It's just going to collapse, and what they did previously other applicants have come in and because the structural integrity of the building was compromised, they were allowed to destroy it and build a new first floor and then the second floor. This has happened before, but in any case, I just don't see the practicality of being able to do this and meet the Code, particularly the energy code with respect to insulating the slab on grade. It's not going to work. 9 (Queensbury Planning Board 11/19/2015) MR. SCHONEWOLF-Do you think for one moment the Town didn't consider these factors? MR. SALVADOR-Pardon me? MR. SCHONEWOLF-I said do you think for one moment that the Town didn't consider these factors? We've had cases like this all around the lake, okay. This isn't new. Your objection isn't new, and they don't agree with you. MR. SALVADOR-Continue, then, when I'm finished. MR. SCHONEWOLF-I thought you were. MR. SALVADOR-With the claim of installing a new septic system, the plan shows that the 1,000 gallon concrete septic tank is existing. It exists there now. I searched the Town records for the permit that allowed that to be put in. There is none. MR. SCHONEWOLF-When was it put in? MR. SALVADOR-1 don't know. MR. SCHONEWOLF-Well, then maybe it didn't need one then. MR. SALVADOR-A concrete septic, 1,000 gallon concrete septic tank, probably sometime after 1970 they started fabricating those, and it needed a permit. You needed a permit. What this site probably had was a cess pool. It's on the drawing. It was probably just a cess pool and they put a 1,000 gallon tank between the dwelling and the cess pool, and now they want to put a Ieachfield on the end of that. New systems require permitting, okay, and this is not, that septic system exists there. This is not entirely a new system. This is a modification. There's requests for, there are requests for variances from stormwater. There's an inseparable link between the treatment of stormwater on a site and the treatment of wastewater. You can't separate them. You've got to address them both, and this is a small site. It says an exemption from the topography. That's one I'm suggesting that it should have contour lines on it to make an adequate evaluation of this site. That variance should not, waiver should not be granted. Land use districts, I don't know what is meant by that. They're asking for a waiver from it. MRS. MOORE-It's relevant to, it's Waterfront Residential zoning, and anything within 500 feet is, in this particular area, is Waterfront Residential zoning. So showing a map would sort of be irrelevant. MR. SALVADOR-Commercial alterations or construction details. I don't know what that waiver's from, and then they want a waiver from snow removal. It's a small lot, a lot of driveway. Where are you going to put the snow? MR. SCHONEWOLF-Over the bank. MR. SALVADOR-You can't get there by that driveway. MR. SCHONEWOLF-I know. MR. SALVADOR-In any case, those are some comments I had, and we're still awaiting the APA approval. MR. HUNSINGER-We've received that. MR. FORD-We've received that. MR. DEEB-We've received that, John. MR. FORD-That's tough to come by, isn't it, John? And we've received that. MR. DEEB-We've got that. MR. SALVADOR-You have it? MR. HUNSINGER-Yes, a letter dated November 17th. That was given to us this evening. MR. SALVADOR-Okay. 10 (Queensbury Planning Board 11/19/2015) MR. DEEB-John, so what you've said is, and if I can quote you, you theorize, see, you're speculating a lot of those statements that you've made. Is that correct? MR. SALVADOR-Which one are you suggesting? MR. DEEB-Some of them. You said I theorize, which means you're not quite sure. MR. SALVADOR-Well, there's no question that the Town does not have any record of a 1,000 gallon concrete tank. MR. DEEB-That's concrete. That's okay, but you said some of them I don't see how it could be built on top of that structure. Okay. Did you look at it? Are you an engineer? Did you go and look at it? MR. SALVADOR-Yes. MR. DEEB-Did you go look at it? MR. SALVADOR-1 didn't have to look at it. A 1923 building I know. MR. DEEB-But do you know if any enhancements were made to it? You don't know that stuff. MR. MAGOWAN-Well, John, I brought it up Tuesday, you know, that, you know, about the foundation, which he said is four feet down. It's not on an Alaskan slab. He did say it was four foot footings and that the engineer did sign off that it would be able to hold a second floor. MR. SALVADOR-The Assessor's records show slab on grade. That's all I can tell you. MR. SCHONEWOLF-We know about Assessor's records, don't we? MR. FORD-For the record, the final paragraph from the APA, based on the information presented in the record and demonstrated in the wastewater replacement plan received by the Agency on November 12, 2015, no further Agency review is required for this variance as the project does not vary provisions of the Adirondack Park Agency Act. MR. SALVADOR-So there was no basis for us to send the application to the APA. MR. SCHONEWOLF-We didn't say that. MR. FORD-They've reviewed it and approved it. MR. SALVADOR-Okay. MR. SCHONEWOLF-They just didn't send you a copy, John. MR. SALVADOR-All right. Thanks. MR. DEEB-Thank you, John. MR. HUNSINGER-Did anyone else wish to comment? MRS. MOORE-I do have public comment. MR. HUNSINGER-Okay. Do you want to read the public comment, Laura? MRS. MOORE-This is dated, received in our office on October 16th. It says, "Dear Board Members: As the owner of the property across from Stefanzick's home, I offer my full support of their requested Area Variance as well as associated wastewater replacement plan. In the few years that the Stefanzick's have lived here they have significantly enhanced the property and made a positive impact on the overall appearance and character of our community. All of their improvements have been made with consideration to both the surrounding environment and neighbors. We believe their future renovation plans will further enhance and add to the overall desirability of our community." This is from James Valastro, 48 Hanneford. The next one is, "Dear Board Members: As the owner of the property across from Stefanzick's home, I offer my full support of their requested Area Variance as well as associated wastewater replacement plan. In the few years that the Stefanzick's have lived here they have significantly enhanced the property and made a positive impact on the overall appearance and character of our 11 (Queensbury Planning Board 11/19/2015) community. All of their improvements have been made with consideration to both the surrounding environment and neighbors. We believe their future renovation plans will further enhance and add to the overall desirability of our community." This is from Harold Smith, 44 Hanneford. And then the last one also reads the same, and this is from Mr. and Mrs. Rooney, 47 Hanneford Road, with regards to Stefanzick's. MR. HUNSINGER-Okay. Thank you. Were there any other comments from the audience? Okay. Then we will close the public hearing. PUBLIC HEARING CLOSED MR. STEFANZICK-Could I respond to that? MR. HUNSINGER-Yes, I was just about to ask. MR. STEFANZICK-1 think I counted 12 comments. So I'd like to just go through them really quick. MR. HUNSINGER-Sure. MR. STEFANZICK-First of all, about the fill, this was brought up in the Board of Health. There is no fill being brought into this system. It's going to be some topsoil that goes, that's part of the Presby system itself. Bringing in fill is not part of this project, and that was clearly described to the Board of Health by the engineer. The other comment about the sanitary facility, it's the same as it's been with the marina that I have, so called marina because I have six slips. It's been the same for all these years with the bathroom that I have, with the bathroom that's going to be there. Nothing is going to change there. I just had the marina permit renewed and approved. So nothing changes there. The .32 acres is not going to the shore. It goes to the east and part of Pilot Knob Road. So that's different than what the gentleman said. Nutrient enrichments. I don't see how anything is going to be changing from now to, from pre- development versus post development. I think it will be the same. He talked about the contour lines. I do have topography map and I got it from the offices here. It was used and is part of the package for the Area Variance. That topography map was used to determine the height of the house. It was accepted by the Zoning Board. It's true that the house was built in 1923, but another part of the house was built in 2004, fully permitted, and that's where the bathroom's going to be. The main house is not a slab. What's on a slab is the sunroom, and the sunroom is not part of this project. There's one part of this project that is not part of the renovation. That's the sunroom. So no work is going to be done on that. All the work is going to be done on a four foot foundation, and I'm an engineer. I feel very confident about this house. So that's the slab. Stormwater, once again, I'm going straight up. I'm not changing anything, in terms of how much water's coming off the roof because it's going to go straight up. Nothing's going to change pre-development versus post development. Once again, topography lines. I have that. I've provided that to the Board. Construction details are there in the package and the real details for building will be part of the building permit and snow removal is me with my snowplow, and it goes to the south, it goes to the side of the driveway like everybody else on Hanneford Road. So I think I covered all the comments. MR. SCHONEWOLF-And you say you're going to live there longer. That's one of the reasons you did this project. MR. STEFANZICK-Yes., I'm looking to be a full time resident there. We have our house in Saratoga up for sale and we're looking to move here full time, but we need a bigger house to do that. MR. HUNSINGER-Any comments from the Board? This is a Type 11 SEQR. No SEQR review is required, and with that, if anyone would like to put forward a motion. RESOLUTION APPROVING SP# 58-2015 FRITZ & MARY STEFANZICK 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 to construct a second floor 1,025 sq. ft. addition to a one story 1,410 sq. ft. frame house utilizing current house footprint throughout. Floor area existing 2,562 sq. ft. and proposed 3,587 sq. ft. Pursuant to Chapter 179-13-010 of the Zoning Ordinance. Expansion of a pre-existing non-conforming structure shall be subject to Planning Board review and approval. 12 (Queensbury Planning Board 11/19/2015) 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; The Planning Board opened a public hearing on the Site plan application on 11/19/2015 and continued the public hearing to 11/19/2015 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 11/19/2015; 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 58-2015 FRITZ & MARY STEFANZICK, Introduced by Paul Schonewolf who moved for its adoption, seconded by Thomas Ford: Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request rg anted: The applicant has requested waivers from the following: g.. lighting, h. signage, j. stormwater, k. topography, I. landscaping, m. land use districts, n. traffic, o. commercial alterations or constructions details, q. soil logs, s. snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution. Duly adopted this 19th day of November 2015 by the following vote: AYES: Mr. Deeb, Mr. Magowan, Mr. Ferone, Mr. Traver, Mr. Ford, Mr. Schonewolf, Mr. Hunsinger NOES: NONE MR. STEFANZICK-Thank you very much. I appreciate it. MR. HUNSINGER-You're all set. Good luck. SITE PLAN NO. 60-2015 SEAR TYPE TYPE II JEFFERY HAMILTON AGENT(S) DEVIN DICKINSON/DEAN HOWLAND OWNER(S) SAME ZONING WR LOCATION 61 ASSEMBLY POINT RD. SITE PLAN: APPLICANT PROPOSES TO REMOVE EXISTING SINGLE STORY HOME OF 1,135 SQ. FT., SIDEWALKS AND PATIOS TO REPLACE WITH A TWO STORY SINGLE FAMILY HOME. PROJECT ALSO INCLUDES RE-GRADING A PORTION OF PROPERTY AND REMOVAL OF PLANTING OF SOME TREES ON SITE. ALSO PROPOSING NEW SEPTIC SYSTEM AND STORMWATER MANAGEMENT. PROJECT INCLUDES DISTURBANCE OF GREATER THAN 5,000 SQ. FT., FLOOR AREA OF 2,188 SQ. FT. PURSUANT TO CHAPTER 179-6-060 OF THE ZONING ORDINANCE, PROJECTS WITHIN 50 FT. OF 15% SLOPES AND CHAPTER 147 PROJECTS WITH DISTURBANCE OF MORE THAN 5,000 SQ. FT. SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 63-2015 WARREN CO. REFERRAL NOVEMBER 2015 LOT SIZE 21+ ACRES TAX MAP NO. 239.12-2-19 SECTION 179-3-040, 179-6-060; CHAPTER 147 LAKE GEORGE STORM WATER DEAN HOWLAND & DEVIN DICKINSON, REPRESENTING APPLICANT, PRESENT MRS. MOORE-The applicant proposes to remove an existing single family home of 1,135 sq. ft., sidewalks and patios, and replace it with a two story single family home. The application was granted relief from the setbacks from the north and south side and floor area ratio. MR. HUNSINGER-Okay. Thank you. MR. DICKINSON-My name is Devin Dickinson. I did the engineering work on the site. I'm here with Dean Howland who's the designer. We got approval last night at the Zoning Board, and based on some comments from the Board and the public I've made some minor tweaks to the plan, and if you guys don't mind, I could pass out these revised prints and we can go over them briefly, the changes. 13 (Queensbury Planning Board 11/19/2015) MR. HUNSINGER-Do you have them already, Laura? MRS. MOORE-1 do have them. MR. DICKINSON-Did you print them out, Laura? MRS. MOORE-1 did not print them out. MR. DICKINSON-Can I pass these out to the Board members? MR. HUNSINGER-Is the Board okay with that? MR. DEEB-Yes. MR. DICKINSON-What you have now is the landscaping plan. MR. HOWLAND-The reason that we re-did this, last night during the variance meeting, the Water Keeper was here and he thought that the project should have stormwater, and so we added that today. MR. HUNSINGER-Okay. MR. HOWLAND-In doing so, you'll see where the stormwater is going to be on that. We'll put those underneath the ground, and I'm going to gutter the whole thing. That's why you're getting these now. It wasn't a requirement of the variance. MR. DICKINSON-Yes, the only changes that were made were to Sheets One and Three. We've increased the stormwater measures. We've added some more trenching, and then Sheet Three I've just made some tweaks to a couple of the calculations there to reflect the additional devices. So now we actually have a slight surplus in storage. MR. HUNSINGER-Great. MR. FORD-By slight, how much do you mean? MR. DICKINSON-We're required, I think, 276 cubic feet, and I have 292 cubic feet of storage. MR. FORD-Thank you. MR. DICKINSON-Not much. Other than that, they propose to remove the existing home. You guys already know that. Replace with a new home. We have grass parking, new septic system. The landscaping plan as well. MR. SCHONEWOLF-That septic system that you're putting in, is that just for that house, or is that connect to the one next door? MR. DICKINSON-This is just for this house and this parcel. MR. SCHONEWOLF-Really? Because there's a lot of stuff piled up there. MR. DICKINSON-With the system itself you mean? MR. SCHONEWOLF-Yes. MR. DICKINSON-Yes, the lot's pretty small. It's only 50 feet wide. MR. SCHONEWOLF-Yes, it is. MR. DICKINSON-It kind of gives you the appearance that it's larger than it is. That is a four bedroom system, too. MR. SCHONEWOLF-You've got a lot of house on a small lot. MR. DICKINSON-We actually increased the footprint of the house, I believe, like 70 or 80 sq. ft. MR. SCHONEWOLF-Probably putting the garage where you did it. MR. DICKINSON-It actually doesn't have a garage. 14 (Queensbury Planning Board 11/19/2015) MR. HOWLAND-There's no garage. MR. SCHONEWOLF-So where is he going to put his car? MR. DICKINSON-We have four slips in the grass paver parking area. It's in the southeast corner. MR. SCHONEWOLF-Okay. Proposed parking grass paver. Right. MR. DICKINSON-Correct. That's a permeable grass system. MR. SCHONEWOLF-And hopefully he'll join to the driveway to the other side of him. Because if they both come out the back, that's a great thing. MRS. MOORE-1 think that's a different project. MR. DICKINSON-Yes, no, I was confused. Yes, this is just a single family house here. It's only one lot. MR. SCHONEWOLF-That's right. This is 61. MR. MAGOWAN-1 didn't say anything. MR. SCHONEWOLF-I know you didn't. That's twice I've screwed up. I was right the first time. Well he keeps moving his equipment up and down the street. Right? MR. HOWLAND-Right, yes. MR. HUNSINGER-Thank you for the landscaping plan. I'm not familiar with these blue beard spires? MR. HOWLAND-What happened is the landscape architect, or designer, Charlie Spinelli, is Gould Landscaping, and they left last night to go to a meeting in Pennsylvania. So they sent me the drawings. So I had to do it. So I'm not sure what they are either. I can look at it and say, yes, that's a bush, but I don't know what they are. MR. DICKINSON-Yes, and I'm not familiar with the plant. MR. TRAVER-Yes, there are some invasives, that are not allowed. MR. HUNSINGER-1 was going to say, we just need to make sure they're allowed. MR. HOWLAND-Yes, we do this all the time. He does a lot of work on the lake, and it's all usually, everything's non-invasive. He knows everything. It's the same thing where he said he's putting up, last night they wanted to have a buffer zone, and actually what's there, according to Laura, is a buffer zone, but we're going to add all the native plants in there and stuff. He does this for me all the time, and every one is native to the area. MR. HUNSINGER-Are you familiar with that plant? MRS. MOORE-1 am not. MR. HUNSINGER-Okay. MR. DICKINSON-This is the first time that we've had Charlie. MR. SCHONEWOLF-Could you make this easier for me and do all three houses? I get confused all the time. MR. HOWLAND-There's only going to be two. MR. SCHONEWOLF-I know but there's going to be a third one, right? MR. HOWLAND-No, this will be the second one. There's only one on that lot. MR. SCHONEWOLF-No, I mean, down at the other end of the street. 15 (Queensbury Planning Board 11/19/2015) MR. HOWLAND-No, I'm not doing that one. MR. SCHONEWOLF-That's too bad, because I can't keep them straight. MR. HOWLAND-The rhododendron plants are the ones that I know, and spirea and stuff like that. I was trying to look them up, but I had to re-do this, and Devin had to send me a print so that I could delete all that part, so I could put the plants on them he had drawn. MR. HUNSINGER-Okay. Any other questions or comments from the Board? This is a nice landscaping plan. Thank you. MR. HOWLAND-He does nice work. I showed him the septic and Ieachfields, but I spoke earlier to Devin, I told him I would put them underground and then pipe to them. I've found in the past that if you do something like a retention pond that's in the way where people walk or an infiltration that they're gone once you leave, and so if we do it this way it's there forever. It works all the time. MR. SCHONEWOLF-But now that I see Brayton Lane, I could probably figure it out. MR. HUNSINGER-Any other questions or 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? No takers? Any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-1 do have one comment that came in late this afternoon. This is, "Dear Sir or Madam: This letter is to oppose the request of Jeffery Hamilton. Site Plan 60-2015. The lot size is small; less than a quarter of an acre. The small lot slopes toward the shoreline. The property is already compromised by the building that exists. If one is to more than double the floor area ratio, remove existing trees, and find room for a new efficient septic system, one must consider: size of the lot, absorption surfaces, basic rain and roof runoff, the septic system, and land use (parking, patio, walkway) always remembering the lot slopes toward the shoreline. The impact is overwhelming. This application is yet another request to the Town of Queensbury to stress the Eastside shoreline. What occurs on Assembly Point property ultimately affects all the water of Lake George. I oppose this request. The lot is too small to accommodate the proposal while protecting the entirety of the lake which is the ultimate aim. Lake George is our real investment. We must continue to protect it. Sincerely yours, Florence E. Connor 6 Holly Lane Lake George, NY 12845 MR. HUNSINGER-Okay. If there's no other takers, I will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type 11 SEQR as well. Any additional comments or questions from the Board? Hearing none, if you want to make a motion. RESOLUTION APPROVING SP #60-2015 JEFFERY HAMILTON 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 to remove existing single story home of 1,135 sq. ft., sidewalks and patios to replace with a two story single family home. Project also includes re-grading a portion of property and removal and planting of some trees on site. Also proposing new septic system and storm water management. Project includes disturbance of greater than 5,000 sq. ft., floor area of 2,188 sq. ft. Pursuant to Chapter 179-6-060 of the zoning ordinance, projects w/in 50 ft. of 15% slopes and Chapter 147 projects with disturbance of more than 5,000 sq. ft. 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; The Planning Board opened a public hearing on the Site plan application on 11/19/2015 and continued the public hearing to 11/19/2015 when it was closed, 16 (Queensbury Planning Board 11/19/2015) 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 11/19/2015; 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 60-2015 JEFFREY HAMILTON, Introduced by Paul Schonewolf who moved for its adoption, seconded by Thomas Ford: Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request rg anted: The applicant has requested waivers from the following: g. lighting, h. signage, j. stormwater, k. topography, I. landscaping, m. land use districts, n. traffic, o. commercial alterations or constructions details, q. soil logs, s. snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution 3) All plants should be non-invasive. 4) Engineering signoff required. Duly adopted this 19th day of November 2015 by the following vote: MR. SCHONEWOLF-Per the resolution, adding that all plants be non-invasive. One question. Do you need a waiver for soil logs now? MR. DICKINSON-The soil testing? MR. SCHONEWOLF-No, logs. MRS. MOORE-Soil testing, and he does not need a waiver. MR. SCHONEWOLF-That kind of log. Well, he's got these green logs and I hadn't seen them. Okay. MRS. MOORE-1 would add engineering signoff. MR. HUNSINGER-Isn't that already in the motion? MRS. MOORE-It is not in the motion. AYES: Mr. Traver, Mr. Ferone, Mr. Magowan, Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You're all set. Good luck. MR. HOWLAND-Thank you. MR. DICKINSON-Thank you very much. MR. HUNSINGER-Thank you. The last item on our agenda is a discussion item. DISCUSSION SEAR TYPE N/A JOSEPH LEUCI AGENT(S) NACE ENGINEERING, P.C. OWNER(S) EXCESS LANDS, LLC ZONING MDR LOCATION END OF JOHN CLENDON RD. APPLICANT PROPOSES A DISCUSSION FOR DEVELOPMENT OF A 24 LOT SUBDIVISION CROSS REFERENCE SUB 11-1992 WARREN CO. REFERRAL N/A LOT SIZE 66.4 ACRES TAX MAP NO. 295.15-1-6 SECTION CHAPTER 183 TOM CENTER, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-This applicant proposes a discussion development of a 66.4 acre parcel for a 24-lot subdivision. Lots which range in size from 0.72 acres to 1.84 acres. The lots would be accessed from John Clendon Road. The applicant is considering a conservation subdivision 17 (Queensbury Planning Board 11/19/2015) where an existing 37 to 40 acres of the property would be set aside for open space. The current zoning in this area is Moderate Density Residential (MDR) MR. HUNSINGER-Good evening. MR. CENTER-Good evening. Tom Center with Nace Engineering representing the Leuci's. Mrs. Leuci is here this evening in the audience. As Laura went over, we're proposing 24-lot subdivision with the 25th lot being sold or given to the Town to attach to the Town property that's located on either side of it, which has the Town trails and is adjacent to Rush Pond. The lots would range in size from .72 plus or minus to 1.84 acres. We have a total permissible lots between 30 to 33 lots. We have not surveyed the stream. We've located the stream. Spoke with DEC in an e-mail and they have said it's a classified stream. There are no classified DEC wetlands on the parcel, but once we delineate that stream, we'll be able to determine exactly the permissible calculation for the number of lots, the density. We're still proposing less than any density that would be permitted on a two acre lot the size of the entire parcel. We've currently started the process with SHPO and they've requested a Phase I. We're in the process of that, getting that done for SHPO. We went out with Department of Health last week and did test pits in the area where the septic systems would be. We've done six to eight test pits across the lots. Very good soils for the stormwater management. We do understand, we've had discussions with Town Highway regarding the length of the dead end road. Talking with Mr. Vanness, one of the things, you know, he said this would alleviate his issue he has when the plow trucks you know, currently go in there, they plow to the end of John Clendon, have to back out, and they have to back down in and plow out. This would allow him, having a cut de sac at the end, would allow them to drive straight through and come back out. The best I can do at this point, in looking at the Warren County GIS and measuring from the corner, the closest intersection on John Clendon Road, to another road to the throat of the cut de sac is about 1700 feet. So it would be somewhere in that distance. At the same time it would be a Town standard width road with a cut de sac. Just wanted to get this on the agenda to have a discussion before we went and surveyed the 67, 68 acre parcel and spent the money. We wanted to see if there were any comments, concerns from the Planning Board regarding this project so that we can address those during the Sketch phase if we do decide to go out and have the parcel surveyed and prepared for Sketch. MR. HUNSINGER-Questions, comments from the Board? MR. FORD-What was the rationale for coming down John Clendon? You've got 1.07 acres, 1.06, and then it drops off to .72 and .81 and .83 and .83. MR. CENTER-Well, at this point we had the boundary. We tried to get something in, when the Leuci's did come to us, we tried to get something in with the surveyor working together. Those numbers will be evened out, if you will. We were trying to create as many lots as we thought we could in the area that we wanted to stay to the west of that existing stream. We did not want to cross it, and we wanted to look at the number of lots that we need versus the length of road and the cost that it would be to construction a road. I think the road itself would be approximately 1300 feet of road. So trying to factor in. MR. FORD-What establishes need? MR. CENTER-In regards to the buyer of the parcel and construction of the road and the cost. MR. HUNSINGER-So I went out there to walk the site today. I mean, it's beautiful forest and trails and such, and I followed the existing trail. It goes down and then comes back around. So where would this cut de sac be in terms of this topography? Is it when you go back down the other side of the hill? MR. CENTER-Yes. When you go back down, you make that turn, all of the hillside is further to the north, the north edge of the parcel. So the cut de sac would sit closer to this side. It lines up right on that trail. As you go down, if you take that trail all the way down in, it does come to the stream where it makes the turn. MR. HUNSINGER-Yes, I didn't quite go that far. MR. CENTER-Yes. If you follow that trail, the cut de sac is just to the west of where the stream makes some changes. MR. HUNSINGER-Yes, I was wishing I had my hiking boots and more time. 18 (Queensbury Planning Board 11/19/2015) MR. CENTER-It is a very nice parcel and I think that's one of the reasons we're trying to keep the development all on to the side of that stream and not try to cross it and get into any of those low areas. MR. HUNSINGER-Other questions from the Board? MR. SCHONEWOLF-Time wise, how long a project is this going to be? MR. CENTER-How long a project is it going to be? We hope to be able to construct the road and do the lot similar to where they're at with the Peggy Ann subdivision that's currently under construction. There's four or five lots already sold in that. That's a 16 lot subdivision. MR. MAGOWAN-So what's the average width? MR. CENTER-They'd be, I believe, 120 feet. MR. FORD-At the street. MR. CENTER-At the street, yes. MR. HUNSINGER-So have you had any conversations with the Town Board, Town Board members about the value of the land that would be conveyed to the Town? MR. CENTER-We didn't discuss the value, but we did discuss the usefulness, yes. MR. HUNSINGER-Well, I meant the usefulness. MR. CENTER-Mr. Strough and Mr. Vanness were in that meeting. They were very receptive to acquiring that, and the trails there currently, you know, people are going through the parcel to access the trails and get to the other trails that are on the other side of the parcel, and they feel that it would be an excellent parcel to attach to the current lands, and lock those lands up, so to speak, in Town ownership and continue the trail system that's already back there that quite a few people are using and that truthfully there's probably some parties. There's probably some kids out there. You can see some things, and I guess what Mr. Strough had said at what I believe was the entrance to Mr. Schermerhorn's parcel further on West Mountain Road. There's some folks there that had been against the project previously now were using the trails and felt that it was an asset and a benefit to the project that they didn't see when it was constructed. So he's looking at from that perspective also, that this has those same benefits, and that's why we've left that opening at the cut de sac so that folks would have access to the trails. They wouldn't have to cross any other property. Because there's some areas in the current land that are owned where folks would really like to get to the trails but there's private property that abut them that they can't get from the street to the trails. This one in particular offers that connection to the parcel, to the trails off of the Town road. So you're going from a Town road to a Town parcel directly. MR. MAGOWAN-Any of those party remnants maybe look like from the late 70's? MR. CENTER-Probably. I believe the Department of Health gentleman that I was out there with that had a friend that had a small hermitage out there for some time back in that day. MR. HUNSINGER-I'm always concerned when we see a dead end street that's that long. MR. CENTER-Correct. MR. HUNSINGER-Are there any feasible alternatives? MR. SCHONEWOLF-Whose fire district is this in? MR. CENTER-1 believe it's Central. MR. SCHONEWOLF-So it's got hydrants. MR. CENTER-Yes. I believe we would be connecting to the Town water and extending the Town water out to the cut de sac. So you're looking at hydrants. You know, I tried to, Mr. Nace and I were discussing this earlier. Whether it's a 500 or a 1,000 foot cut de sac or a 1700 foot cut de sac, if a tree falls across it you've still got to get around it. MR. SCHONEWOLF-You've got to get around it. 19 (Queensbury Planning Board 11/19/2015) MR. CENTER-In the modern age of the fire service, there's saws. There's ways to get around things. We're also, you know, you have people that are using trails that are deeper into the woods than that. If you had to go out to do, to effect a rescue, here's another avenue to get back to those trails, to access them. So we're, you know, yes, are we longer than the normal 1,000 foot cul de sac? Yes, but not by a lot. At least in our thoughts we're also providing access to a large parcel of land that doesn't have a lot of access to it that we're encouraging people to go and recreate on that there is a potential to have an accident that now the fire service, the EMS service can access. MR. SCHONEWOLF-They can handle that easy. MR. HUNSINGER-Have you talked to any of the neighbors? I mean, when you drive down in there, there's a couple of houses on Moorwood that are going to be pretty close. Once you get further in, the houses are further away, the existing houses are further away, plus the road moves away from. MR. CENTER-Yes, the road does move away. MR. HUNSINGER-Has there been any conversations or discussions with any of the neighbors? MR. CENTER-We did discuss with some of the neighbors. I believe they lived on John Clendon, were opposed to the project. They felt that it should remain forever wild. Some of the folks, I've discussed it with other folks that were back there while we were doing test pits and explained to them what we were doing, you know, just explained, you know, the project itself, and they were concerned for what were we doing, to that effect, but nothing other than that, other than the folks that did live on John Clendon were opposed to any work on the land at all. MR. HUNSINGER-I was kind of surprised there was a piece of property that big that was still undeveloped. MR. CENTER-Yes, well, the original, it does have an approved subdivision from back in the 70's that had several roads that lead to dead ends. They were much smaller lots, maybe quarter acre lots. I believe it might have been 50 plus, some in the back corner that were dotted that weren't approved but that were shown as possible future. A road came in similar to this, hooked back around and also had a small road that came to a cul de sac and several lots up here, but they were much smaller quarter acre lots, but it was approved for I believe it was the first 50 lots that came back in around and in here and across that stream area, but it's, you know, to today's standard it is not a workable design. That's why we're proposing to modify and go with something a little bit different, and preserve the lands in the back and convey it to the Town. MR. HUNSINGER-Any other questions or comments? Do you have any comments from Staff, Laura? MRS. MOORE-No. I did, as I said, the information in our records indicates the project was reviewed back in the 70's, and said 50 lots here or there. So I did take a look at that information. I didn't have anything else, other than identifying the outline for conservation subdivision. MR. CENTER-Speaking with Craig, this does really meet the definition of a conservation subdivision under the DEC regulations, take a section of land, developing the lots closer to the road, developing closer to the area that's not, that's to be preserved and preserving an area of the stream and i.e. everything to the east being preserved meets the definition in every sense of the word as a conservation subdivision where you're going with maybe less lot size. Not more density. This is less dense than would be approvable with a two acre minimum, but going with the smaller lots and moving them to the east away from an area which you want to try to preserve and conserve. This does meet the definition of a conservation subdivision, and then that land would actually be conveyed to the Town which would be protected in perpetuity from that point on. We also did try, back to Mr. Ford's question, we tried to keep the acreage closer to that .85 where we met at the Peggy Ann Road subdivision when we had that before you. So those numbers are going to change. This was something that was thrown together so that we could get something on paper, but I believe we probably could get much closer to .85 minimum lot size, down the road, once we have it surveyed and know our constrains and know exactly where the road is going to go. MR. DEEB-With the same number of lots? 20 (Queensbury Planning Board 11/19/2015) MR. CENTER-The same number of lots, yes. The same number of lots with the .85 minimum. MR. FORD-And one thing I see as positive and that as you're coming in John Clendon, those two lots on the right, they are larger and they have the closest proximity to the homes on Moorwood Drive. MR. CENTER-Correct. MR. FORD-So that there isn't going to be a greater concentration of homes in there. So I would encourage you to maintain those lot sizes. MR. CENTER-Yes, and I think, as far as the folks on Moorwood, the general consensus, this is going to be the same price point as the Peggy Ann Road subdivision and trying to keep the houses closer to the front setback so that the backs of the lots, so the development is closer to the road, which is going to keep them further away from the folks where they've developed their lots on Moorwood. So there's still going to be some buffer between the two. MR. HUNSINGER-Yes, when you walk in you can clearly see the one house. MR. CENTER-Yes, and then we tried to take the road as far away as we could and bring it back down and work with the land and the trail, actually it was, when Matt went out and used some GPS coordinates and located the trail and laid it in, it really did fall along where we thought the proposed road would go. MR. HUNSINGER-Okay. Anything else from the Board? MR. SCHONEWOLF-That'll keep you busy for a while. MR. CENTER-1 guess the one question with the road, the dead end road, that would be a waiver from the Planning Board. Correct? MR. HUNSINGER-Right. MR. CENTER-Would it help if when we did come for Sketch we had a letter from the Highway Superintendent regarding the road? MR. HUNSINGER-It would help, yes. MR. CENTER-Anything else that you see for the Sketch Plan that, you know, you'd like us to try to incorporate when we come back? MR. HUNSINGER-Well, I mean, there certainly are hills and some natural barriers, and those haven't been calculated or included in the site development data. I don't know if that's going to, I mean, you're well under what the maximum number of lots would be. MR. CENTER-Correct. Even if, you know, looking at it, even if it was, you know, three or four acres, that still puts us at 20, 29 lots. MR. HUNSINGER-Yes, right. MR. CENTER-And we're still, you know, at 24 we're still below that. MR. HUNSINGER-Yes, you're still below, but you look at something on paper and then you go out in the field, you kind of expect it to be flat, and so when you start to see the topography. MR. CENTER-And walking that trail and looking to where that hillside was and how it goes off that, that was a concern initially, but having Matt go out and survey that. MR. HUNSINGER-1 don't think the slopes are steep. MR. CENTER-No, I don't think so, either. They're just slopes that are going to have to be dealt with, and there are different ways. Some of those houses on those narrow lots can be dealt with with walkout basements, different configurations, but again, keep them close to the road, we can terrace the lots and keep them to a minimum. You could work with those slopes, and the soils are all well drained, deep well drained soils. MR. HUNSINGER-Yes, it looks like it's all sand. 21 (Queensbury Planning Board 11/19/2015) MR. CENTER-Yes. MR. FORD-Any idea of the style of the homes you plan on putting in there? MR. CENTER-Again, similar to the ones on Peggy Ann Road, the same style. MR. SCHONEWOLF-Who built those? MR. CENTER-Mr. Leuci. MR. HUNSINGER-Okay. Anything else? MR. DEEB-You said four of those on Peggy Ann have sold? MR. CENTER-1 believe five of those lots have been sold, and that's since the road was dedicated this spring. Thank you. MR. HUNSINGER-Thank you. Is there any other business to be brought before the Board? So we'll have two meetings in December? MRS. MOORE-There'll be two meetings. I don't think it'll be a full agenda, but you'll have at least two to four. MR. HUNSINGER-All right. MR. FORD-1 move we adjourn. MR. TRAVER-Second. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF NOVEMBER 19, 2015, Introduced by Thomas Ford who moved for its adoption, seconded by George Ferone: Duly adopted this 19th day of November, 2015, by the following vote: AYES: Mr. Ford, Mr. Ferone, Mr. Schonewolf, Mr. Deeb, Mr. Magowan, Mr. Traver, Mr. Hunsinger NOES: NONE On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman 22