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09-26-2017 09/26/2017) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING SEPTEMBER 26, 2017 INDEX Subdivision Prelim. Stg. 7-2017 James Beaty 1. Subdivision Final Stg. 8-2017 Tax Map No. 290.5-1-50 Subdivision Prelim. Stg. 14-2017 Michael & Karen LeBlanc 2. Subdivision Final Stg. 15-2017 Tax Map No. 308.6-1-67 ZBA RECOMMENDATION Site Plan No. 59-2017 Wal-Mart Real Estate Business Trust 4. Tax Map No. 303.15-1-25.1 Site Plan No. 60-2017 Wal-Mart Real Estate Business Trust 7. Tax Map No. 296.17-1-36 Site Plan No. 61-2017 Mike Lewis 13. Tax Map No. 290.14-1-20 Site Plan No. 62-2017 Errol Silverberg 15. Tax Map No. 252.-1-38.1 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. QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING 09/26/2017) SEPTEMBER 26, 2017 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, CHAIRMAN CHRIS HUNSINGER, VICE CHAIRMAN GEORGE FERONE, SECRETARY DAVID DEEB THOMAS FORD JAMIE WHITE BRAD MAGOWAN LAND USE PLANNER-LAURA MOORE TOWN COUNSEL-FITZGERALD, MORRIS, BAKER, FIRTH-MIKE CROWE STENOGRAPHER-MARIA GAGLIARDI MR. TRAVER-Good evening, ladies and gentlemen. Welcome to the Town of Queensbury Planning Board meeting for Tuesday, September 26, 2017. This is the second meeting for September and the 19th meeting thus far for 2017. We have no administrative items this evening. We have a tabled item, James Beaty, Subdivision Preliminary Stage 7-2017 and Subdivision Final Stage 8-2017 which I understand is to be tabled. SUBDIVISION PRELIMINARY STAGE 7-2017 & SUBDIVISION FINAL STAGE 8-2017 SEAR TYPE: UNLISTED. JAMES BEATY. OWNER(S): HARS PARS INC. d/b/a SUNNYSIDE PAR 3. ZONING: MDR. LOCATION: 168 SUNNYSIDE ROAD. APPLICANT PROPOSES SUBDIVISION (REVISED) OF A 10.86 PARCEL INTO TWO LOTS — ONE 0.30 ACRE AND ONE 10.56 ACRES. WAIVER REQUESTED FROM SKETCH PLAN. THE APARTMENT BUILDING WILL BE ON THE 0.30 ACRE PARCEL AND THE GOLF COURSE AND ASSOCIATED BUILDINGS TO BE ON THE 10.56 ACRE PARCEL. PURSUANT TO CHAPTER 183 OF THE ZONING ORDINANCE, SUBDIVISION OF LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: 1991 3 CAR DETACHED GARAGE; 1995 ADDITION TO APT. BLDG.; 2004 SEPTIC ALT.; SP 42-93; SP 13-2005 ELEC. INSTALLATIONS FOR NIGHT USE; AV 35- 2017. WARREN CO. REFERRAL: N/A. LOT SIZE: 10.69 ACRES. TAX MAP NO. 290.5- 1-50. SECTION: CHAPTER 183 MRS. MOORE-Correct. You're going to table this one to the second October meeting. MR. TRAVER-Okay. That would be October 24th by my calendar. MRS. MOORE-Yes, and just so you understand that it's tabled. They tabled it at the Zoning Board. The Zoning Board didn't have a full Board. The applicant wanted a full Board, and they pushed it to the October agenda. MR. TRAVER-Okay. Very good. All right. RESOLUTION TABLING SUB PRELIM STG. 7-2017 & FINAL STG. 8-2017 JAMES BEATY MOTION TO TABLE SUBDIVISION PRELIMINARY STAGE 7-2017 & FINAL STAGE 8-2017 JAMES BEATY, Introduced by George Ferone who moved for its adoption, seconded by Thomas Ford: Tabled until the October 24th Planning Board meeting. Duly adopted this 26th day of September, 2017 by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Ford, Mr. Hunsinger, Mr. Magowan, Mr. Ferone, Mr. Traver NOES: NONE MR. TRAVER-All right, and next we have Michael & Karen LeBlanc, Subdivision Preliminary Stage 14-2017 & Subdivision Final Stage 15-2017. This is a referral to the Zoning Board. So there is no public hearing on this, and this was delayed to tonight because of a misunderstanding on the schedule I guess. 09/26/2017) SUBDIVISION PRELIMINARY STAGE 14-2017 SUBDIVISION FINAL STAGE 15-2017 SEAR: TYPE UNLISTED. MICHAEL & KAREN LE BLANC. OWNER(S): SAME AS APPLICANTS. ZONING: MDR W/MOBILE HOME OVERLAY. LOCATION: 34 WARREN LANE. APPLICANT PROPOSES A TWO LOT SUBDIVISION OF A 2.8 ACRE PARCEL INTO 2.57 ACRES AND 0.23 ACRE (100' X 100'). MAIN LOT, 2.57 ACRES, HAS AN EXISTING HOME TO REMAIN. NEW LOT, 0.23 ACRE, HAS AN EXISTING GARAGE THAT WILL BE REMOVED TO PLACE A DOUBLE-WIDE MOBILE HOME. NO CHANGES TO SITE PROPOSED, A SLAB AND SEPTIC TO BE INSTALLED. PURSUANT TO CHAPTER 183 OF THE ZONING ORDINANCE, SUBDIVISION OF LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW. VARIANCE: RELIEF IS SOUGHT FOR LOT LESS THAN 2 ACRES. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: 1992 SEPTIC ALT.; SUB SKETCH 13- 2017, AV 55-2017. WARREN CO. REFERRAL: N/A. LOT SIZE: 2.8 ACRES. TAX MAP NO. 308.6-1-67. SECTION: CHAPTER 183 MICHAEL & KAREN LE BLANC, PRESENT MRS. MOORE-So I'll explain. The applicant wasn't able to be here at the last meeting where a typical Planning Board recommendation occurs, and so the Planning Board tabled it to this week, and actually because we've already advertised the public hearing you're going to do two things with this project. You're going to do the Planning Board recommendation and you can open the public hearing but it's going to be tabled to the October meeting. MR. TRAVER-Okay. So that's going to be tabled to the first or second meeting? MRS. MOORE-It's going to be the first October meeting. MR. TRAVER-The first which I think is the 17th. It is October 17th. So is the applicant here tonight to present? MRS. MOORE-Yes. MR. TRAVER-Yes. Okay. Good evening. MRS. MOORE-I'll give you the overview. MR. TRAVER-Sure. MRS. MOORE-It's a 2.8 acre parcel. It's being subdivided into 2.57 and .23, 100 by 100 lot so that the applicant can place a mobile home on the smaller lot for their daughter, and it's to be a double wide mobile home. MR. TRAVER-Okay. Thank you, and I remember we discussed this once before. Did we have a sketch plan? MRS. MOORE-We did. MR. TRAVER-Yes, okay. Welcome back. Please state your name for the record and give us an update on your proposal. MR. LE BLANC-Michael and Karen LeBlanc. The update I guess is just trying to get through all these meetings. We're not the hold up. MR. TRAVER-Okay. We're in much the same situation. So we're anxious to hear about your project, and we understand, we looked at this when you were here at Sketch. Has anything changed in your plan since then? MR. LE BLANC-No. MR. TRAVER-No. Okay. MR. LE BLANC-1 do have somebody obviously working on drawings and getting the measurements of our home that's already on the one parcel, just to make sure that everything's where it's supposed to be. MR. TRAVER-Sure. Okay. So, Laura, you said we can proceed on a referral, but also. 31 09/26/2017) MRS. MOORE-You're going to proceed on the referral as you normally do, and because this application was advertised for a public hearing. MR. TRAVER-Even though that's not normally the procedure we're going to do it anyway? MRS. MOORE-Correct. MR. TRAVER-1 see. Okay. All right. Well maybe we should do that first before we do our referral recommendations, if any. So we are having a public hearing on this project this evening. Is there anyone in the audience here tonight that wishes to address the board on this project? MR. MAGOWAN-1 think the bus just pulled in now. MR. TRAVER-Are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There's no written comments. MR. TRAVER-No written comments. Okay. Well, then I guess we will leave the public hearing open and we'll proceed to discuss a referral to the ZBA. And again, I know that we talked about this, the idea of the double wide and so on on the property. Do any members of the Board have any concerns that we want to include in our referral to the ZBA? MR. FERONE-1 mean I vividly remember going over that in Sketch Plan. MS. WHITE-We talked about how it's appropriate to the area. MR. TRAVER-Yes, it's in the overlay for mobile homes. They're looking for relief because the one lot's going to be less than two acres. And I do remember discussion about adjoining area lots being less than two acres. So okay. MR. FERONE-And it's in the family. It's for their daughter. MR. TRAVER-That's right. Okay. Well then I guess we're ready for a motion, then, on a recommendation. RESOLUTION RE: ZBA RECOMMENDATION RE: Z-AV-55-2017 MICHAEL & KAREN LE BLANC The applicant has submitted an application for the following: Applicant proposes a two lot subdivision of a 2.8 acre parcel into 2.57 acres and 0.23 acre (100' x 100'). Main lot, 2.57 acres, has an existing home to remain. New lot, 0.23 acre, has an existing garage that will be removed to place a double-wide mobile home. No changes to site proposed, a slab and septic to be installed. Pursuant to Chapter 183 of the Zoning Ordinance, subdivision of land shall be subject to Planning Board review. Variance: Relief is sought for lot less than 2 acres. Planning Board shall provide a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 55-2017 MICHAEL & KAREN LEBLANC. Introduced by George Ferone who moved its adoption, and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal. Motion seconded by Brad Magowan. Duly adopted this 26th day of September, 2017 by the following vote: AYES: Mr. Magowan, Mr. Ferone, Mr. Hunsinger, Mr. Ford, Ms. White, Mr. Deeb, Mr. Traver 4 09/26/2017) NOES: NONE MR. TRAVER-All right. You're off to the ZBA. Good luck. All right, and next under Old Business we first have Wal-Mart Real Estate Business Trust, Application Site Plan 59-2017, which is coming back to us after review by the ZBA. SITE PLAN NO. 59-2017 SEAR TYPE: TYPE II. WALMART REAL ESTATE BUSINESS TRUST. AGENT(S): LAURA LEWALLEN. OWNER(S): SAME AS APPLICANT. ZONING: CI. LOCATION: 24 QUAKER RIDGE BOULEVARD. APPLICANT PROPOSES TO RE-PAINT 500 PLUS LINEAR FEET OF EXISTING BUILDING FACADE WITH A NEW COLOR SCHEME AND ADDITION OF AN INTERNALLY LIT ("PICKUP") SIGN. PURSUANT TO CHAPTER 179-7-050 OF THE ZONING ORDINANCE FACADE COLOR CHANGE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 61-2007 CONSTRUCTION OF WALMART; SV 9-2017. WARREN CO. REFERRAL: SEPTEMBER 2017. LOT SIZE: 33.27 ACRES. TAX MAP NO. 303.15-1-25.1. SECTION: 179-7-050 JIM GALLAGHER, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-So the applicant proposes re-painting 520 feet of an existing building fagade with a new color scheme and addition of, attempting to put a sign in. The Zoning Board on this one denied it, and the applicant is back before the Planning Board for the color scheme only, and so we have this scheme that I have up on the PowerPoint, and then I have additional pictures that the applicant has provided me of the stores in Clifton Park and in Saratoga Springs. MR. TRAVER-Okay. So to be clear, we're looking at the two elements of this application. One is for the proposed changes in color and the other was for the additional sign, and the additional sign is now off the table for this particular project so we're looking at the color changes. Good evening. Welcome back. MR. GALLAGHER-Good evening. As you know I'm Jim Gallagher with Pb2 Architecture and Engineering. Here representing Wal-Mart on this matter. MR. TRAVER-Okay. So we're here to discuss the change from the current approved design of earth tone to the blue, and with the denial of the sign, are you still proposing the orange area where the sign was to be highlighted? MR. GALLAGHER-No. MR. TRAVER-No. Okay. So we're just looking at the blue area. MR. FORD-Good. MR. TRAVER-That's good. MR. GALLAGHER-Yes, blue and gray. MR. TRAVER-Blue and gray. Okay. All right. Well we did look at this last week. Questions, comments from members of the Planning Board? MRS. MOORE-Do you want me to pull these up? MR. TRAVER-These are other stores in the region? MRS. MOORE-This is Clifton Park. MR. TRAVER-Okay. Now hold that picture there, Laura. Now is this, this is for the Quaker Ridge Boulevard store. So architecturally, and forgive me. I haven't been to this particular store locally in a while, but architecturally is this accurate as well as the color scheme? MR. GALLAGHER-I'm sorry. It's accurate for that store, but you need to pull up the other one. MS. WHITE-1 think that's what Laura is trying to do is show us the Quaker Road store in comparison. 09/26/2017) MR. GALLAGHER-So we get the one we're actually using. MR. TRAVER-Okay. All right. MS. WHITE-Would that answer your question if you saw the 24 Quaker Road actual physical location and then compared a color scheme from? MR. TRAVER-Yes. MR. FORD-That would be helpful. MR. FERONE-Didn't the request change a little bit? I thought we were only talking about blue and orange, and now there's gray? MR. GALLAGHER-No, the gray has always been a part of this. MRS. MOORE-The gray has always been a part of this. MR. FORD-The orange is gone. MR. FERONE-Right. MR. TRAVER-Okay. And there's the orange which is off the table. Okay. MRS. MOORE-Saratoga Springs. MR. MAGOWAN-Have you done Lake Placid yet? MR. GALLAGHER-Not that I'm aware of. There are a number of companies doing these projects. So I'm not. MR. MAGOWAN-You didn't have the opportunity for like Lake Placid? MR. GALLAGHER-Well, I don't know. I mean, we may still. They just come to us in groups, and there may be a project next month or next year that is for Lake Placid, but then again there may be another company that has already done it. MR. TRAVER-Can I ask, were you a part of the process when this store was first proposed? MR. GALLAGHER-No, I was not. MR. TRAVER-Okay, because I know that for some time until it was left on one of the plans we didn't even know that it was going to be a Wal-Mart, but as I recall, we went through a similar process in that when we reviewed the issue of colors and decided on the earth tones it was suggested that Wal-Mart be allowed to use the branded colors. I don't know if these same stores were shown. I don't recall, but I know that there was an effort to, rather than do the, sort of the earth tones that we've tended toward in Queensbury, there were pictures of other stores and there was some interest on the part of Wal-Mart to making a similar design of course, and looking at the notes which are the minutes which are actually included in our packet, it was decided, somewhat pointedly, that we wanted the earth tone design. So that's my recollection, and I know there are at least a couple of other members that were a part of the Board at that time. MR. MAGOWAN-Well, I did read last week when it was said that those were the colors that people want to see. MR. TRAVER-Right. MR. MAGOWAN-They didn't want to see grays and blues. MR. TRAVER-Right. Exactly. MR. MAGOWAN-But times would change, you know, when to me I see it as more of a marketing thing, a change of sign, let's refresh and let's get back to Wal-Mart, you know, it looks a little different but that's all the marketing stuff. MR. TRAVER-Okay. 6 09/26/2017) MR. DEEB-I don't see how we can say what other people want to see. We don't know what people want to see. I think that's an arbitrary statement. MR. TRAVER-Right. MR. MAGOWAN-Well, Dave, if you answer those 1-800 numbers that come across your phone all the time, there's surveys in there that say what colors would you like to see. MR. TRAVER-Yes, well I have to admit I'm not very good with colors. I mean, my wife has to pick my ties, but I kind of like the earth tones as originally designed myself. MR. FORD-1 agree. MR. DEEB-I don't think the blue is overly repulsive. MR. TRAVER-Okay. So you don't have a problem with what they're proposing? MR. DEEB-I don't have a problem. MR. TRAVER-Okay. How do other members feel? MR. FORD-1 like the earth tones. MR. TRAVER-The way it is. MR. FORD-The way it is. MR. TRAVER-Okay. MR. FERONE-Driving around Town, I mean, if you look at the Lowe's store, it has a blue with the name Lowe's behind it which is somewhat similar to this blue on this building.. So I mean there's a precedent that it's out there. Or other big box stores have that. MR. TRAVER-Okay. MR. MAGOWAN-And also Lowe's kind of sits up higher. This is flat, stands out more. This actually sits up a little higher and way back. MR. FERONE-Well there's sort of a peak there where it says Lowe's, but they wanted it to look like a little house. MR. MAGOWAN-But, you know, 1, these colors don't offend me, you know. MR. TRAVER-Okay. MR. MAGOWAN-1 like the earth tone, but if this is what Wal-Mart's doing then, you know, like I said, I could go either or. MR. DEEB-It's not purple. MR. TRAVER-It's not purple, no. MR. MAGOWAN-Yes, and it's not orange. MR. HUNSINGER-I would reiterate some of the comments that have already been made. I mean, I like the browns better, personally, but when you look at the big box stores that are around Town, Lowe's I think is a perfect example where they used the blue, the K-Mart of course. The other larger stores, we haven't put them under so much scrutiny with respect to colors. Even some of the more recent projects like projects in Northway Plaza. Those are more of an earth tone color. We didn't really hold them to any sort of standard. We just said that's okay. MR. TRAVER-Yes, okay. So I'm not hearing any overwhelming opposition to this. Any other questions, comments for the applicant? Okay. Well, I guess we're ready to hear a motion. MR. FORD-Is there public participation? 7 09/26/2017) MR. TRAVER-Yes. Of course. There is a public hearing on this project. Are there folks in the audience that are hereto discuss this project with the Board tonight? I should correct it. This is the Quaker Ridge Boulevard store. So are there any folks that want to discuss this with the Board? I'm not seeing any. Laura, are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. All right. Then we'll close the public hearing and we're ready to entertain a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING SP 59-2017 WALMART REAL ESTATE BUSINESS TRUST 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 re-paint 500 plus linear feet of existing building facade with a new color scheme and addition of an internally lit ("Pickup") sign. Pursuant to Chapter 179-7-050 of the Zoning Ordinance fagade color change 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 09/26/2017 and continued the public hearing to 09/26/2017, 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 09/26/2017; 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 59-2017 WALMART REAL ESTATE BUSINESS TRUST, Introduced by George Ferone who moved for its adoption. Per the draft provided by staff conditioned upon the following conditions: 1) Waivers were not requested. 2) Adherence to the items outlined in the follow-up letter sent with this resolution Motion seconded by David Deeb. Duly adopted this 26th day of September, 2017 by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Ford, Mr. Hunsinger, Mr. Magowan, Mr. Ferone, Mr. Traver NOES: NONE MR. TRAVER-All right. You're all set with that one. MR. GALLAGHER-Thank you. MR. TRAVER-And next we have essentially the other store, which is the Route 9 facility up on Miller Hill. SITE PLAN NO. 60-2017 SEAR TYPE: TYPE II. WALMART REAL ESTATE BUSINESS TRUST. AGENT(S): LAURA LEWALLEN. OWNER(S): SAME AS APPLICANT. ZONING: CI. LOCATION: 891 STATE ROUTE 9. APPLICANT PROPOSES TO REPAINT 600+ LINEAR FEET OF EXISTING BUILDING FACADE WITH A NEW COLOR SCHEME AND ADDITION OF AN INTERNALLY LIT ("PICKUP") SIGN. PURSUANT TO CHAPTER 179-7-050 OF THE ZONING ORDINANCE, FACADE COLOR CHANGE SHALL 8 09/26/2017) BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR ADDITIONAL SIGN. CROSS REFERENCE: 1995 CONSTRUCTION; SP 25- 2003 ADDITION; AV 38-2003 RELIEF PARKING/PERMEABILITY; SP 21-2011 EXT. COLOR CHANGES, MANY SIGNS; SV 8-2017. WARREN CO. REFERRAL: SEPTEMBER 2017. LOT SIZE: 17.74 ACRES. TAX MAP NO. 296.17-1-36 SECTION 179-7-050 JIM GALLAGHER MR. TRAVER-And this project was handled a little differently, right, by the ZBA, Laura? The sign issue was tabled, not denied. MRS. MOORE-It was tabled for a SEQR question. So the Planning Board can still proceed. MR. TRAVER-Okay. All right. So I guess my initial question is the same on this particular project. Even though the sign is tabled, not denied, are you also withdrawing the orange color on this site for now? MR. GALLAGHER-No, we'd like to leave that on there pending the ZBA's action. MR. TRAVER-Okay. So again to the Board, questions or comments for the applicant on this project? Which is the same coloring scheme except that they want to retain the orange spot in anticipation or in the hope that they will get the sign approved at some point. MR. FORD-Can I ask why? MR. FERONE-Do we want to wait to see if the sign gets approved before approving the orange? MS. WHITE-Does it make sense for us to table our decision until after the ZBA? MRS. MOORE-Theirs was a SEQR question. I will give you the feedback from the Board at that time was that there were not enough to support the signage. So theirs was a procedural question, not necessarily an action question. MR. TRAVER-So are they going to re-hear this then at a re-scheduled date? MRS. MOORE-They are hearing it in October at their first meeting. MR. TRAVER-Okay. Well, then there's something to be said for at least considering a tabling motion, but we do have a public hearing on this project as well this evening. Are there folks in the audience that want to address the Planning Board on the Route 9 Wal-Mart project? Yes, sir. PUBLIC HEARING OPENED JON LAPPER MR. LAPPER-You go sit down, that's how it works. I was kidding in my tone, but you have to go sit down. MR. TRAVER-It is pretty much the practice, sir, if you don't mind giving up the table. Thank you. MR. LAPPER-For the record, Jon Lapper with Jim Valenti. Jim and his family own Whispering Pines, the project, multi-family project to the west. We all appeared in 2004 when this was being considered by the Planning Board, and there's really a serious safety issue that has to do with that north side on Weeks Road, and because the customer pick up is on that side, we thought, the proposed sign, this was a good opportunity to bring it before the Town because there's really been an enforcement issue for all these years, and weeks road is 20 feet wide at Route 9 and for that reason this Board made it an absolute condition and made a vote for no truck traffic on Weeks Road. The trucks had to come in, deliveries through the two traffic lights and avoid Weeks Road. What my clients tell me is that doesn't happen at all, that there are constantly tractor trailers and other trucks, and you've got the kids on Weeks Road, all of the apartments. You've got the kids getting dropped off on the corner of Route 9 and walking on both sides of the road because they're kids. And what happened here, apparently what Wal- Mart was able to convince everybody at the time, the curb cut on the east side of Weeks Road behind the liquor store is 70 feet wide, and that's only designed for trucks because you don't need a 70 foot wide curb cut if it's only two cars. And we really want to take this opportunity to 9 09/26/2017) ask that the Town look at that again because it's up before you again for site plan review and to require that that curb cut be reduced in size because they're not supposed to have trucks. They have a sign that says no trucks, but Jim will show you with the sign. It's kind of hard to understand if you're a truck driver I guess it sort of shows that trucks are going towards Weeks Road on that side when they're not supposed to be, but it's very likely that there's going to be a conflict at some time between a car and a truck or a pedestrian and a truck just because trucks are using that all the time and that was never the plan, so I hope that you can use this site plan as an opportunity to fix something. It's an absolute condition and it hasn't been followed and Whispering Pines has been constantly over the years calling, not the Town but Wal-Mart, but nothing happens. So we want to use this to get in front of you. MR. TRAVER-If I could just ask a question regarding the curb cut. Was the width of the curb cut part of the original plan? Forgive me I don't remember that. MR. LAPPER-It was and they had some arguments for why they needed it but it just seems like it facilitates trucks. MR. TRAVER-But was it part of the approval that the curb cut was to be a certain width? It was not the width that it ended up being I guess. MR. LAPPER-It was approved at 70 feet, but because it's before you at Site Plan, you have the right to condition it. MR. TRAVER-1 understand. Sure. JIM VALENTI MR. VALENTI-Over the years, since 2004, trucks have been going down there, and they get into the end towards Route 9 it is, they are in the middle, okay, to turn, going, it's only 20 feet 6 inches, I measured the curb, and if a car is looking to turn into Weeks Road, it's bottlenecked. A truck can't go because he needs to have that space to make that turn, nor can the car, okay, so then it's a Catch 22 who's going to go. First of all, with the approvals, the conditions back in 2004, they're not even supposed to be on the road. Okay. They're ingress and egress is off of Route 9, and then that 70 foot curb cut, that is made for tractor trailers to go out. So Wal- Mart wasn't friendly as a neighbor on that curb cut. What I'm asking is, let's shorten that curb cut to two cars, put an island in the middle between those two lanes so the right lane, if you're on Weeks Road going in, the left lane is going out. This way trucks cannot exit onto Weeks Road, okay, and it's a problem. We've called the Town. I don't like to call Craig Brown's office all the time with trucks. There's trucks on there every day, okay. MR. TRAVER-1 can envision that the drivers making deliveries that are driving a particular truck, you know, they pull in there once and it becomes pretty much a habit. I mean, they may or may not know what the conditions are, but once they go in that way, they think well that's the way you go in. So they don't. MR. VALENTI-Well, they're coming in through Route 9. They're exiting through Weeks Road. That's the way Wal-Mart was before it became the Super Center, okay, and they destroyed that road with their tractor trailers. When we went with Dan Stec and we were part of the Route 9 Sewer District, okay, we brought that sewer down Weeks Road. We asked Dan to put a new road in. The trucks are off it. They're on it. The edges are crumbling up. So there was reasons, a lot of reasons why these trucks don't belong on a residential road, Weeks Road. So what we're asking is let's, right now, correct this problem. That's why we're here. MR. TRAVER-And did you have this discussion with the ZBA as well? MR. LAPPER-No. We viewed it as a planning issue. MR. HUNSINGER-So one of the other issues I remember one of the last times, and I don't know if it was you or one of the other neighbors, there were complaints about trucks idling, and I remember talking about that issue as one of the conditions of Site Plan Review. MR. VALENTI-There is noise out there. MR. HUNSINGER-I thought I'd bring it up to see. MR. VALENTI-There is idling going on out there all the time, you know, even when they come to my Agway store, I tell them to turn it off. They have five times to get unload otherwise they've got to turn that truck off, New York State law. We were fortunate enough to work with the °10 09/26/2017) Planning Board back 2003 which secured 1000 feet of property line that we have with the next. There is idling I haven't had as many complaints, you know, I'd have to ask the office on that as far as the complaints on that. I'm not really familiar with the idling, okay, but I know the tractor trailers are around. MR. HUNSINGER-Okay, because that was part of the discussion, you know, the way the trucks come in and go out, and, you know, the idling was all part of it. MR. VALENTI-Exactly, because they're supposed to, New York State laws says they have to turn them off. MR. HUNSINGER-Yes. MR. VALENTI-A refrigeration truck can stay running, okay, but an actual truck, only five minutes and it has to be off. MR. MAGOWAN-And they're all GPS monitored anyway, right back to the main hub. So they know when they're idling. The driver is reprimanded for that. MR. FERONE-I'm trying to think, is there any signage like for truck traffic or anything like that? MR. VALENTI-There is MR. LAPPER-Jim has a picture of it. MR. VALENTI-Yes, there's signage, and the signage actually is terrible because it's right in front of the stop sign on Weeks Road. MR. TRAVER-So by the time they see the sign there they've already. MR. VALENTI-Right in front of the stop sign it says truck exit to the right. It sounds like they're going to be leaving n Weeks Road. You just need to make sure that the trucks can't go on Weeks Road, and that's the problem. And then I mean 70 feet they've got a stop sign and the blacktop that's six foot letters of stop made for trucks to look down and see. It was designed for tractor trailers to exit. Okay. MR. TRAVER-Okay. Anything else? MR. VALENTI-No. MR. LAPPER-No. MR. TRAVER-Okay. Thank you very much. Anyone else here to comment on this application from the public? Are there any written comments, Laura? MRS. MOORE-There's no written comments. MR. TRAVER-Okay. Sir, you can come back to the table, if you would. You heard the discussion on the truck traffic. I know it's not directly related to the color scheme. You understand what they're saying about the Site Plan process. Do you have any awareness of the issue of which they're discussing? MR. GALLAGHER-No. I have no idea. I think there was some brief mention of trucks on Weeks Road, but other than that I have not heard any discussion about it. MR. TRAVER-And this, the sign, this application in total is again before the ZBA on the 18th of October? Would that be correct, Laura? MRS. MOORE-That's correct. So it's their next. MR. TRAVER-Okay, and do you know if this issue is related in any way to the tabling by the ZBA? MRS. MOORE-Traffic? MR. TRAVER-Yes. MRS. MOORE-No. It is not. 09/26/2017) MR. TRAVER-Okay. MR. HUNSINGER-Yes, I guess I'm a little confused as to the tabling motion by the ZBA. If it's a SEQR issue, then I don't know how we can take an action? MRS. MOORE-Sign Variances for the Town of Queensbury have always been Unlisted. You do not have SEAR. This is a Type 11 action for this Board. It is facade color. MR. HUNSINGER-Okay. Understood now. MR. TRAVER-Okay. Well, it sounds as though, for one thing, the applicant is in hopes that after they are re-heard by the ZBA they may get their sign approved. So perhaps it would be worthwhile to hold this until, that would be that second meeting in October which as I recall looking at the draft Laura is a little thin. Right? We could probably put this on, and that would be the 24th MRS. MOORE-The 24th, yes. MR. TRAVER-Okay. MR. GALLAGHER-May I make a suggestion? MR. TRAVER-Sure. MR. GALLAGHER-Would you be interested in continuing the discussion about the colors on this and given that you would be willing to approve it, either deny the orange or make the orange conditional upon approval of the sign? MR. TRAVER-Well, first of all we haven't approved it. We talked about the other store. MR. GALLAGHER-That's what I said. If you would be willing to approve it, would you consider approving it, either denying the orange period or only approving the orange in the event that the ZBA approves the sign itself? As opposed to tabling it. MR. TRAVER-Well, my only feeling is I would rather wait until the ZBA has seen it and so, but I'll put it out to members of the Board? MR. DEEB-I don't think we should put the cart before the horse. MR. TRAVER-Yes. MR. FORD-1 don't mind denying the orange tonight. MR. MAGOWAN-Yes, I don't mind denying the orange tonight either, but now I'm, but while it's here and there's a change, is this the time that we can address the truck issue? MR. TRAVER-Well, I guess I'm, it's a little bit of an odd situation because we do have, even though it's Type 11 for us, there is, you know, we've been informed that there's a SEQR issue out there. So I don't know, Laura. MR. MAGOWAN-There's a change in the original site plan so that he's back here with the change. So now there's something else that's been brought up that needs to be addressed which is all part of the Site Plan that wasn't discussed at the beginning. MR. TRAVER-1 see you're point and I agree that the exit issue is a site plan issue and I do think it's appropriate for us to address it. I'm just wondering whether we want to address it in October after the. MR. MAGOWAN-Well now that it's been brought up I think it would be the best time for this to be brought back to Wal-Mart for them to change. So I'd be, you know, looking for the tabling action to the 24th with coming right out from the beginning and saying no orange. MR. FERONE-But it also gives this gentleman an opportunity to go back and make them aware that there's an issue. MR. MAGOWAN-Well, yes, in all fairness. 09/26/2017) MR. TRAVER-Yes, so you're saying communicate to the applicant our feelings on the orange, regardless of the sign, and the concern expressed by the public hearing and by this Board regarding the traffic issue with the truck traffic and then re-hear the application formally on the 24th MR. FORD-Right. There's two issues for tabling. MR. TRAVER-Right. MR. DEEB-My feeling is blue's fine. I'm okay with blue, but I think from the attitude of the Board, we don't want the orange. MR. MAGOWAN-Right. MR. DEEB-So at least he'll know that blue is going to be acceptable. MR. MAGOWAN-Blue and gray. MR. DEEB-Blue and gray. MR. DEEB-But I think the orange is out, and then hopefully you can bring back the issue of the trucks. MR. TRAVER-Okay. MR. DEEB-Then consolidate all that at one time. MR. TRAVER-Okay. So then we would have a tabling motion. MR. FERONE-Did you say 24th or 28th MR. TRAVER-24th. I'm sorry. Yes. The ZBA is hearing it apparently on the 18th. So we could see it on the 24th. So then we have the two issues, the two issues that are tabling this application on. One is the orange and the other is the adjustment in the curb cut for the traffic issue that dates back to the original application. MR. FORD-Do we need to table the orange? Why can't that be addressed tonight? I think we should table the other, the curb cut. MR. TRAVER-Well, I don't know that we can split, I don't think we can split the Site Plan Review. In other words, we can't partially approve it tonight. If we communicate, I mean, I think the applicant, the representative of the applicant, understands that when they come back on the 24th what the feeling of the Board is on the two issues that we're expressing, and that will be outlined in the reasons for the tabling, is the orange and the curb cut issue. So I'm fine with that. How do other members of the Board feel? The tabling mentioning those two specific issues. MR. MAGOWAN-That's what I like. MR. TRAVER-All right, well let's go ahead and hear that motion, then. RESOLUTION TABLING SP 60-2017 WALMART REAL ESTATE BUSINESS TRUST 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 repaint 600+ linear feet of existing building facade with a new color scheme and addition of an internally lit ("Pickup") sign. Pursuant to Chapter 179-7-050 of the Zoning Ordinance, fagade color change 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 MOTION TO TABLE SITE PLAN NO. 60-2017 WALMART REAL ESTATE BUSINESS TRUST, Introduced by George Ferone who moved for its adoption, seconded by Brad Magowan: Tabled to further review the issue of the request for orange color on the building and also the issue of the curb cut and truck traffic brought up by members of the public. '13 09/26/2017) Duly adopted this 26th day of September, 2017, by the following vote: MR. TRAVER-Okay. We have a motion made and seconded. Any questions on that motion? MRS. MOORE-Do you want to maybe use the word curb cut, but it's a traffic issue in relation to the curb cut, just to add a little additional clarification? Because right now the word curb cut shows up in the motion and I think. MR. FORD-Curb cut is excessive, currently excessive. MR. TRAVER-Yes, I think the curb cut is what causes the traffic issue. MRS. MOORE-You want to use the word traffic some way. MR. MAGOWAN-Truck traffic. MR. FERONE-Motion amended to include curb cut and truck traffic. MR. MAGOWAN-Second the amended motion. MR. TRAVER-All right. We have an amended motion that's been made and seconded. Any further discussion on that motion? Can we have the vote please, Maria? AYES: Ms. White, Mr. Ford, Mr. Hunsinger, Mr. Magowan, Mr. Ferone, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-All right. We will see you after the ZBA next hears your project. MR. LAPPER-Thanks everybody. MR. TRAVER-Next on the agenda is Mike Lewis, Site Plan 61-2017 and Freshwater Wetlands Permit 5-2017. SITE PLAN NO. 61-2017 FRESHWATER WETLANDS PERMIT 5-2017. SEAR TYPE: TYPE II. MIKE LEWIS. OWNER(S): DEREK SWIFT. ZONING: MDR. LOCATION: 43 MARTELL ROAD. APPLICANT PROPOSES TO CONSTRUCT A 192 SQ. FT. ADDITION AND REBUILD 576 SQ. FT. HOME THAT WAS DESTROYED BY FIRE (2017). PROJECT INCLUDES HARD SURFACING WITHIN 50 FT. OF A WETLAND. PURSUANT TO CHAPTER 179-3-040 & CHAPTER 94 OF THE ZONING ORDINANCE NEW CONSTRUCTION SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: 1990 GARAGE; 1993 SEPTIC ALT.; 2011-82 SHED ATTACHED TO GARAGE; 2016 CARPORT; JULY 2017 DEMOLITION OF BURNED HOUSE; AV 58-2017. WARREN CO. REFERRAL: N/A. LOT SIZE: 2.39 ACRES. TAX MAP NO. 290.14-1-20 SECTION: 179-3-040, CHAPTER 94, 179-6-050 MIKE LEWIS, PRESENT MR. TRAVER-Laura? MRS. MOORE-The applicant proposes to construct a 192 sq. ft. addition and rebuild the 576 sq. ft. home that was destroyed by fire. The applicant did receive a variance for building a structure within 50 feet of a wetland the applicant is back before the Board for hard surfacing and work within the 100 foot buffer. MR. TRAVER-Okay. Thank you. Good evening. MR. LEWIS-Good evening. MR. TRAVER-Welcome back. We first heard your application last week I believe and I see a variance was approved by the ZBA. Are there any changes in your project following that discussion with the ZBA? MR. LEWIS-No. MR. TRAVER-Okay. So again this is to replace a home that was destroyed by fire. You're making some modifications to it, and I think, is this the one where the garage is actually 09/26/2017) currently closer to the wetland than the modified? Okay, yes, I remember that and your variance was approved last week. Any questions for the applicant from members of the Board? MR. FERONE-1 noted in Staff comments it said landscape plan, that it would be some residential plantings. Do we need to provide any specifics or just leave it at that? MR. TRAVER-Residential plantings, is that as in shoreline buffer? MR. FERONE-They didn't specify. MRS. MOORE-So when you go through site plan for a residential project I have asked applicants to indicate if they're going to do residential plantings, because on the list of requirements it's listed landscaping. So applicants have addressed it by saying landscaping, and I have never had them specify, unless it's in relation to something that would be necessary to provide a buffer or something like that. I think typical residential plantings is acceptable. MR. FERONE-Okay. MR. TRAVER-Okay. Any other questions? There is a public hearing on this application this evening. Are there folks in the audience that want to address the Planning Board on this project? Are there any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. Then we'll close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-Then I guess we're ready for a motion. RESOLUTION APPROVING SP 61-2017 & FWW 5-2017 MIKE LEWIS 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 192 sq. ft. addition and rebuild 576 sq. ft. home that was destroyed by fire (2017). Project includes hard surfacing within 50 ft. of a wetland. Pursuant to Chapter 179-3-040 & Chapter 94 of the Zoning Ordinance new construction 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 09/26/2017 and continued the public hearing to 09/26/2017, 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 09/26/2017; 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 61-2017 & FRESHWATER WETLANDS PERMIT 5-2017 MIKE LEWIS; Introduced by George Ferone who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers requestrg anted: site lighting, signage, topography, soil logs and snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution. a) If application was referred to engineering, then engineering sign-off required prior to signature '115 09/26/2017) of Zoning Administrator of the approved plans; b) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements, c) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; d) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; e) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; f) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; g) Resolution to be placed on final plans in its entirety and legible. Motion seconded by Thomas Ford. Duly adopted this 26th day of September, 2017 by the following vote: AYES: Mr. Ford, Ms. White, Mr. Deeb, Mr. Hunsinger, Mr. Magowan, Mr. Ferone, Mr. Traver NOES: NONE MR. TRAVER-You're all set. MR. FERONE-Good luck. MR. TRAVER-Okay, and the last item on our agenda this evening is Errol Silverberg, Site Plan 62-2017. SITE PLAN NO. 62-2017 SEAR TYPE: TYPE II. ERROL SILVERBERG. AGENT(S): DALE CLOTHIER. OWNER(S): SAME AS APPLICANT. ZONING: RR-5. LOCATION: 230 LOCKHART MT. ROAD. APPLICANT PROPOSES A 2,304 SQ. FT. SINGLE STORY ADDITION TO AN EXISTING 8,400 SQ. FT. PRIVATE GARAGE. PROJECT IS IN RR-5 ZONE THAT DOES NOT LIST PRIVATE GARAGE AS AN ALLOWED USE. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, NEW CONSTRUCTION SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR SIZE, SETBACKS AND GARAGE WITHOUT PRINCIPLE USE. CROSS REFERENCE: 1994 SEPTIC; 91301-1598 BLDG. ALT. 1995; 095633-4555 COMM. ALT. & ADDITION 1995; UV 3-2017; AV 59-2017. WARREN COUNTY REFERRAL: SEPTEMBER 2017. LOT SIZE: 6.55 ACRES. TAX MAP NO. 252.1-38.1. SECTION: 179-5-020 MR. TRAVER-My information is that this application is also to be tabled until November 28th pending ZBA review, Laura? MRS. MOORE-Yes, that is correct. MR. TRAVER-Okay. Is there any other information that we need to be aware of? MRS. MOORE-The Zoning Board was struggling, going through the application review in reference to having it be a Use Variance that had been in operation as other uses that were not allowed in that zone. So they asked the applicant to provide additional information such as competent financial information and describing the self-created hardship, and so the applicant is going back to obtain those items and share those items again with the Zoning Board at their first meeting in November. MR. TRAVER-Interesting. Okay. So we have a tabling motion. Any questions on that motion to table? Any issues with tabling this to November? Okay. I guess we're ready for a motion. RESOLUTION TABLING SP 62-2017 ERROL SILVERBERG MOTION TO TABLE SITE PLAN 62-2017 ERROL SILVERBERG, Introduced by George Ferone who moved for its adoption, seconded by Chris Hunsinger; '16 09/26/2017) Tabled until the November 28, 2017 Planning Board meeting with information due by October 15, 2017. Duly adopted this 26th day of September, 2017 by the following vote: MR. FERONE-Now the motion provided by Staff says tabled until November 14 and I heard November 28th MRS. MOORE-It should be November 28th. Yes, it has to be November 28th because it has to be the first Zoning Board meeting which is 11/15. MR. TRAVER-Yes, that's why I wrote down the 28th MR. FERONE-Okay. AYES: Mr. Deeb, Ms. White, Mr. Ford, Mr. Hunsinger, Mr. Magowan, Mr. Ferone, Mr. Traver NOES: NONE MR. TRAVER-All right. Any other business before the Board this evening? I would like to thank Laura and the Planning Staff for preparing and distributing to us the updated Town of Queensbury By-Laws, Policies and Procedures that we, that this Board updated in July. Thank you very much for doing that. MR. HUNSINGER-I just wanted to alert the Board, I had mentioned to Mike the other day, I won't be here for the first meeting in October. I'll be out of town for business. MR. TRAVER-Okay. Thank you for letting us know. You'll be missed. Thank you, Mike, for filling in for that. MRS. MOORE-So I have one other additional announcement, just to make sure, there's a training that the EDC is putting on. It is on Tuesday, October 3rd, and it runs from 8 to 12. Tom had sent out an e-mail to the Board asking who wanted to attend, and I still only have myself, Tom, and Chris that are attending, and Mike. MR. TRAVER-Wait a minute, I responded that I wanted to go. MRS. MOORE-Okay. I'll have you signed up. MR. FERONE-I sent you my e-mail. MRS. MOORE-I know. I got it. All right. That's why I asked. MR. TRAVER-All right. Thank you, Laura. MRS. MOORE-Thank you. MR. TRAVER-If that's all, I guess we'll entertain a motion to adjourn. MR. HUNSINGER-So moved. MR. FORD-Second. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF SEPTEMBER 26, 2017, Introduced by Chris Hunsinger who moved for its adoption, seconded by Thomas Ford: Duly adopted this 26th day of September, 2017, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Ford, Mr. Hunsinger, Mr. Magowan, Mr. Ferone, Mr. Traver NOES: NONE MR. TRAVER-We stand adjourned. Thank you, ladies and gentlemen. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, 09/26/2017) Stephen Traver, Chairman '18