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03-13-2019 (Queensbury Planning Board 03/19/2019) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING MARCH 19, 2019 INDEX Subdivision No. 1-2019 Jeremy Entwistle & Cassie Leonard 2. PRELIMINARY STAGE Tax Map No. 265.-1-73.1 ZBA RECOMMENDATION Site Plan No. 13-2019 Christian & Eustacia Sander 4. ZBA RECOMMENDATION Tax Map No. 226.15-1-19 Site Plan No. 2-2019 Stewart’s Shops Corp. 8. Tax Map No. 309.13-2-25 Site Plan No. 6-2019 New Beginnings Community Church 20. Tax Map No. 303.16-1-33 Site Plan No. 5-2019 Matthew J. Barrett 30. Tax Map No. 303.16-1-8 Site Plan No. 10-2019 Marilyn Otto 41. Tax Map No. 309.17-1-22 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH’S MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury Planning Board 03/19/2019) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING MARCH 19, 2019 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, CHAIRMAN CHRIS HUNSINGER, VICE CHAIRMAN DAVID DEEB, SECRETARY JOHN SHAFER JAIME WHITE BRAD MAGOWAN MICHAEL DIXON, ALTERNATE MEMBERS ABSENT MICHAEL VALENTINE LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. TRAVER-Good evening, ladies and gentlemen. Welcome to the Town of Queensbury Planning Board meeting for Tuesday, March 19, 2019. This is our first meeting for March and the fifth meeting so far in 2019. Please note the exit signs. If we have a power outage or other emergency those would be your exits out of the building. Also if you have an electronic device if you would either turn it off or turn the ringer off so that it would not interrupt us that would be appreciated. There are agendas on the table at the back of the room and also I believe some discussion about the public hearing policies that we follow, and with that we will begin our agenda. The first item is the approval of minutes for January thnd 15 and January 22, 2019. APPROVAL OF MINUTES th January 15, 2019 nd January 22, 2019 MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES OF THND JANUARY 15 & JANUARY 22, 2019, Introduced by David Deeb who moved for its adoption, seconded by Jaime White: th Duly adopted this 19 day of March, 2019, by the following vote: AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Dixon, Mr. Traver NOES: NONE ABSTAINED: Mr. Deeb, Mr. Magowan ABSENT: Mr. Valentine MR. TRAVER-Next we move on to our regular agenda. The first section of the agenda is Planning Board Recommendations to the Zoning Board, and the first item on the agenda is Jeremy Entwistle and Cassie Leonard, Subdivision Preliminary Stage 1-2019. 2 (Queensbury Planning Board 03/19/2019) PLANNING BOARD RECOMMENDATIONS TO THE ZONING BOARD OF APPEALS: SUBDIVISION PRELIMINARY STAGE 1-2019 SEQR TYPE: UNLISTED. JEREMY ENTWISTLE & CASSIE LEONARD. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING: RR-3A. LOCATION: 1434 BAY ROAD. APPLICANT PROPOSES A TWO LOT SUBDIVISION OF A 54.8 ACRE PARCEL INTO A 3 ACRE PARCEL FOR A NEW SINGLE FAMILY HOME AND A 51.8 ACRE PARCEL WITH AN EXISTING HOME TO REMAIN. APPLICANT PROPOSES SEVERAL WAIVERS AT PRELIMINARY STAGE INCLUDING CLEARING PLAN, GRADING AND EROSION CONTROL AND STORMWATER. PURSUANT TO CHAPTER 183 OF THE ZONING ORDINANCE, SUBDIVISION OF LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR LOT WIDTH. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: PUBLIC HEARING CLOSED 169-2015 SF HOME; BOTH 359-2015 GARAGE. WARREN CO. REFERRAL: N/A. SITE INFORMATION: APA, CEA, WETLANDS. LOT SIZE: 54.8 ACRES. TAX MAP NO. 265.-1-73.1. SECTION: CHAPTER 183. LUCAS DOBIE, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-So this applicant proposes a two lot subdivision on a 54.8 acre parcel into a three acre parcel for a new single family home, and a 51.8 acre parcel with an existing home to remain. The reason for the variance is in reference to lot frontage. They’re required to have 800 feet on Bay Road because it’s a collector road or a shared driveway. The applicant is requesting a variance to have less than the lot frontage required. He’s proposing 400 feet with a single driveway for the new single family home. MR. TRAVER-Okay. Thank you. Good evening. MR. DOBIE-Good evening and thank you, Board. For the record Lucas Dobie with Hutchins Engineering, representing Jeremy Entwistle and Dr. Cassie Leonard who aren’t able to be with us tonight but hopefully we’re successful with our variance tomorrow night and maybe we’ll see you next week, but pretty simple project than what we’re accustomed to quite frankly. We’ve got gentle slopes, decent soils. We did some test borings, and our client bought this property back in August. As you may recall the previous owner was before you folks three or four years ago for a Major Stormwater project, and like I said they bought the project and are finishing up the pole barn and everything and they’re just looking to sell a new building lot to help generate some revenue quite frankly and our variance, as Laura said, is for not having double the lot width on the arterial road, Bay Road. We can still provide our 400 feet of lot width typical to RR-3 zone, and we’ve looked at several ways of possibly gerrymandering the lot so the common lot line would be on their existing driveway but that would create an ugly lot where the new lot would encompass almost all of the road frontage. So we’d prefer not to do that. We could possibly move their existing driveway to the new lot line, but we would want to do that as a last resort to avoid more disturbance and modifying their approved Site Plan. We believe it’s a simple request and we’d be looking for your recommendation to the Zoning Board. So I thank you for having us. MR. TRAVER-Okay. Questions, comments from members of the Board? MR. HUNSINGER-I had a question. So how far away is the proposed driveway from the existing driveway? 3 (Queensbury Planning Board 03/19/2019) MR. DOBIE-Right now the existing driveway to the proposed property line is just over 500 feet, 515, and I would imagine the new lot, when we do the full design, the driveway will be approximately centered, so over 600 feet between the driveways. So it’s a significant distance. MS. WHITE-I know this is Preliminary, Laura, but it did seem like they asked for a lot of waivers. MRS. MOORE-Yes. MS. WHITE-Is that typical or is that acceptable? MRS. MOORE-It’s a little bit different, only, but the applicant has explained clearly that they will provide that information. They’re trying to get in front of the Zoning Board of Appeals and this is the only way to move their project to the Zoning Board of Appeals. MS. WHITE-Okay. So that would come before us. MR. DOBIE-Yes. Just to add to that, Ms. White, our goal is to have a shovel ready project, if you will. So if we’re successful with our variance we’re going to ask to table this to let us do a full design and come back for the Subdivision and Site Plan approval. So thank you. MR. TRAVER-Other Board questions regarding the variance? MR. SHAFER-Lucas, you’re confident the soils are fine for septics? MR. DOBIE-Yes, I am. When they were building the pole barn we had a skid steer on site with an auger and just before Christmas we had the three inches of rain we were out there and did about a dozen borings to four feet. So we’re comfortable with the soils and the good composition surprisingly. So we’re very happy with that. MR. TRAVER-Any concerns or anything that we would want to pass along to the ZBA? I’m not hearing anything but I just wanted to check. Okay. Then I guess we’re ready for a motion. RESOLUTION RE: ZBA RECOMMENDATION RE: Z-AV-11-2019 ENTWISTLE & LEONARD The applicant has submitted an application for the following: Applicant proposes a two lot subdivision of a 54.8 acre parcel into a 3 acre parcel for a new single family home and a 51.8 acre parcel with an existing home to remain. Applicant proposes several waivers at preliminary stage including clearing plan, grading and erosion control and stormwater. Pursuant to Chapter 183 of the Zoning Ordinance, subdivision of land shall be subject to Planning Board review and approval. Variance: Relief is sought for lot width. 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. 11-2019 JEREMY ENTWISTLE & CASSIE LEONARD. Introduced by David Deeb who moved its adoption, and 4 (Queensbury Planning Board 03/19/2019) a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal. th Motion seconded by Brad Magowan. Duly adopted this 19day of March, 2019 by the following vote: AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. TRAVER-You’re off to the ZBA. MR. DOBIE-Thank you very much. MR. TRAVER-Next item on our agenda also under Planning Board Recommendations, is Christian and Eustacia Sander, Site Plan 13-2019. SITE PLAN NO. 13-2019 SEQR TYPE: TYPE II. CHRISTIAN & EUSTACIA SANDER. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 98 BAY PARKWAY. APPLICANT PROPOSES A 632 SQ. FT. GARAGE ADDITION TO AN EXISTING HOME. PROJECT ALSO INCLUDES REMOVAL OF AN EXISTING DETACHED GARAGE AND SHED, AND INSTALLATION OF PERMEABLE PAVERS TO REPLACE A SLATE WALKWAY AT FRONT OF HOME. NEW SHORE REPLANTING IS ALSO PROPOSED. PURSUANT TO CHAPTER 179-13-010 OF THE ZONING ORDINANCE, EXPANSION OF A NONCONFORMING STRUCTURE IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR SETBACKS, FLOOR AREA AND PERMEABILITY. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: AV 5-1998, AV 55-1995, AV 14-2000, AV 86-2001, SP 1-2002, AV 1- 2002, 2000-417 SEPTIC ALT. WARREN CO. REFERRAL: N/A. SITE INFORMATION: APA, CEA, WETLANDS. LOT SIZE: 54.8 ACRES. TAX MAP NO. 226.15-1-19. SECTION: 179-13-010. TOM HUTCHINS, REPRESENTING APPLICANTS, PRESENT MR. TRAVER-Laura, can you brief us on this. MRS. MOORE-This applicant proposes to add a 632 square foot garage addition to an existing home. The relief sought is for setbacks, floor area and permeability. I did note on the nature of the variance that in 1998 when this house was actually constructed there was a different calculation for floor area. So it seems to be extensive, but they were granted the floor area at that time and that building was 2,670 square feet and it included the square footage of the lot at 10,200. So I just want to make sure the Board understands it was granted a previous floor area variance. MR. TRAVER-Okay. Thank you, Laura. Good evening. MR. HUTCHINS-Good evening, Board. Tom Hutchins with applicants Christian and Eustacia Sander. I hope you had a chance to read their cover letter. It kind of explains the situation pretty well I thought. They propose to remove an existing one car garage. It’s very close to the roadway. It’s about eight feet from the road, and they propose to construct a two car attached garage which would be further back from the road, 22 and a half feet. They 5 (Queensbury Planning Board 03/19/2019) feel the need to have a two car garage which I think is understandable. They’re year round residents and also we feel that it provides an aesthetic improvement to the property to get the small cabin looking garage further back and tie it in to the residence. We are requesting variances for side setback. We are increasing the side setback by removal of the existing shed, although nominally, and we are also asking for a front setback which we are also increasing from the current level, but we’re still not up to the Ordinance, and in addition to that we’re asking for FAR and Laura gave a little explanation of that prior, and that FAR and the numbers, it includes a basement area, which is, it’s truly a basement. It’s only accessible from a bilco door. There’s no inside door down to the basement. So you go outside and go down a bilco to get into the basement. It’s certainly not finished. It’s not able to be finished. It’s truly indeed a basement. However as we know by the procedures we must include that in that FAR and that does go to make the FAR look higher but we think it’s a fairly reasonable proposal. It’s very important to them and we’d ask your favorable recommendation so we can move on to the Zoning Board. Do you guys want to add anything? CHRISTIAN SANDER MR. SANDER-It sounds good. We have our neighbor, we talked to our neighbors. They’re all supportive. They actually stopped by to say they’re fine with it and we asked our direct neighbor who has the closest proximity and he provided an e-mail that said that he approved and supports us on the action. MR. TRAVER-Questions from members of the Planning Board? MR. SHAFER-I have a question on the size. Tom, why so large? When I was before the Planning Board I had a small lot and I did a 20 by 20 garage. This is 24 by 24 with a bump out toward the lake. So it’s more than ample for two cars. MR. HUTCHINS-Well, I don’t think it’s large, large. It’s, I think 24 by 24 would be a typical two car garage. It’s probably, you know, that’s what they want, that’s what they’ve been looking at. Could it be a little smaller? Perhaps. MR. SANDER-Yes, we want to tuck everything away, put everything in there, like snow blowers this time of the year, lawnmower. That way it’s all neat and tidy in the area. MR. DEEB-You’re getting rid of the shed, right? MR. SANDER-Yes. MR. DEEB- So you need more storage. MR. SANDER-The shed has the shovels. MR. DEEB-You said to tidy up the garage, when I was looking at the Site Plan, is the garage going to stay or are you going to tear it down and build a new one? MR. HUTCHINS-The existing one car detached garage, it will be removed, and the two car will replace that as well as the storage shed. MR. DEEB-That’s what I thought. MR. HUTCHINS-Yes, he meant tidy up his new garage. MR. SANDER-I meant like he said. 6 (Queensbury Planning Board 03/19/2019) MR. HUNSINGER-So is there any way to loop the garage more towards the road, slide it so that the side yard variance isn’t as great That was the only question I had. MR. HUTCHINS-We’re starting to encroach into where the septic system is. That’s the concern with moving it further north. So it would be more in front of the house. That’s the concern there because the septic system is in the open area. MR. MAGOWAN-When you look at the other adjoining garage on the north neighbor, I mean, you have six inches. MR. SANDER-It’s very common in that area to have it right on the line. MR. MAGOWAN-The only question I have, I see crushed stone on here and then you have proposed permeable pavers to the walkway, and so I would, you know, if you ever got rid of the crushed stone, would you put permeable pavers there, too? MR. HUTCHINS-Yes that’s the plan. I didn’t mention that. We’ve incorporated the permeable paving in the apron to the driveway as well as in the walkway and the crushed stone would be removed and replaced with permeable materials. MR. MAGOWAN-I mean, I see it as really a functional purpose for you up there and I don’t have an issue encroaching on the lake. It kind of tucks it back in a little bit further and it gives you at least in front of the house, but I like the idea of the permeable and getting the garage off the road. Unfortunately it’s a little more plowing in the wintertime for you. MR. DIXON-Do you have gutters on this addition? And where is that water being routed to? MR. HUTCHINS-We have not planned any gutters on the new garage. There would be an eaves trench, a shallow eaves trench and stone. MR. MAGOWAN-Well I would probably foresee you putting them at least on the house side. MR. SANDER-That would be 100%. We have gutters all around the house now, and we’d 100% put gutters along that. MR. HUTCHINS-I was wrong. MR. MAGOWAN-And that’s not too often, Tom. MR. TRAVER-All right. Any other questions? Any concerns that we want to pass along to the ZBA as they review this? MS. WHITE-When you mentioned that basement is not enterable from inside the house, is there plumbing, bathroom in the basement? MR. SANDER-No, it’s just the utilities, the furnace and piping for upstairs. MS. WHITE-Just curious as to what was included as, there’s the potential, sometimes, of developing that further. MR. MAGOWAN-You said it wasn’t a full height basement anyway. Right? MR. HUTCHINS-Well, it’s reasonably high. You can stand up. MR. MAGOWAN-You can stand up without hitting your head? 7 (Queensbury Planning Board 03/19/2019) MR. SANDER-Yes. It’s right at the water table pretty much, too. So when we have a heavy rain and a melt, it does get wet. MR. TRAVER-The basement does get wet? MR. SANDER-Yes. MR. TRAVER-Anything else? I guess we’re ready for a motion. RESOLUTION RE: ZBA RESOLUTION RE: Z-AV-12-2019 SANDER The applicant has submitted an application for the following: Applicant proposes a 632 sq. ft. garage addition to an existing home. Project also includes removal of an existing detached garage and shed, and installation of permeable pavers to replace a slate walkway at front of home. New shore replanting is also proposed. Pursuant to Chapter 179-13-010 of the Zoning Ordinance, expansion of a nonconforming structure in a CEA shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks, floor area and permeability. 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. 12-2019 CHRISTIAN & EUSTACIA SANDER. Introduced by David Deeb 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. th Motion seconded by Brad Magowan. Duly adopted this 19day of March, 2019 by the following vote: AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Ms. White, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. TRAVER-You’re off to the ZBA. MR. HUTCHINS-Thank you. MR. SANDER-Thank you. MR. TRAVER-We next move on to the agenda under Old Business. The first item being Stewart’s Shops Corp., Site Plan 2-2019. OLD BUSINESS: 8 (Queensbury Planning Board 03/19/2019) SITE PLAN NO. 2-2019 SEQR TYPE: UNLISTED. STEWART’S SHOPS CORP. OWNER(S): SAME AS APPLICANT. ZONING: CI. LOCATION: 221 CORINTH ROAD. APPLICANT PROPOSES A REVISION TO BUILD NEW CONVENIENCE STORE WITH ATTACHED 5,139 SQ. FT. BANK AND A STORAGE SHED. THE EXISTING CONVENIENCE STORE AND BANK, 4,711 SQ. FT., WILL REMAIN OPEN DURING CONSTRUCTION AND THE EXISTING BUILDING AND GAS CANOPY WILL BE DEMOLISHED WHEN THE NEW BUILDING IS COMPLETE. THE PROJECT ALSO NOW INCLUDES TWO PROPOSED CURB CUTS ON BIG BAY ROAD AND SIDEWALKS TO ALIGN WITH THE CROSSWALK AT THE CORNER OF BIG BAY AND CORINTH ROAD. THE NEW CANOPY IS TO BE 4,656 SQ. FT. AND TO BE CONSTRUCTED WHEN THE ORIGINAL BUILDING IS DEMOLISHED. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, NEW CONSTRUCTION SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 5-2001 STEWART’S BLDG.; SP 45-2012 BANK W/DRIVE THRUS; SP 20-2013 FREEZER ADDITION; MANY OTHERS; AV 2-2019. WARREN CO. REFERRAL: JANUARY 2019. SITE INFORMATION: TRAVEL CORRIDOR. LOT SIZE: 2.87 ACRES. TAX MAP NO. 309.13-2-25. SECTION: 179-3- 040. CHRIS POTTER, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura, do you want to bring us up to speed on this? MRS. MOORE-Sure. So the application was tabled at our previous month’s meeting because we came across a few items that needed further discussion and evaluation and put on plans. The Number One reason why we did table it was for the 12 by 12 shed, and as you further discussed it we started talking about sidewalks and arrangement of how to access the site for the pedestrians. So the applicant did update those plans. There are sidewalks on both Corinth and Big Bay and so what happens with those two sidewalks, the Corinth Road side is manageable by the County. They are evaluating that. They understand that it is coming in. They don’t identify any concerns at this time. So the applicant’s been made aware that they need to get the permit and appropriate documents to them. On the Big Bay side, that’s the Town owned road and the Town does not maintain sidewalks, but I did talk to Highway. They requested to know who would be maintaining that. Chris identified that Stewart’s is familiar with that situation and that they would maintain that. So that was updated, or at least made me aware of how that would work, and then the last item that was added to this set of plans was a second curb cut on Big Bay, and this was specifically for the Bank so they would have their own access, so their traffic would not interfere with Stewart’s Shops, and so I think that was a good addition to that plan. I think that’s the main items that were addressed. Sorry, I will bring up one more is the lighting. So as you noted, I did not catch the fact that when I was reviewing it there was a proposed and existing lighting plan. So the proposed lighting plan remains still with higher light fixtures than what the guidance requires. Right now he’s at 23, and I’ll have to look at the Code to confirm what the lighting guidance is for under the canopy, and then I think the site was sufficient it was just mainly the canopy that was our issue. MR. TRAVER-Okay. So the numbers, under the fuel canopy, for example, we have revised 10.49 previously 22.63. So it was not revised. MRS. MOORE-Correct. MR. TRAVER-So where did the 10.49 come from? MRS. MOORE-Because that’s the existing condition of that canopy today. 9 (Queensbury Planning Board 03/19/2019) MR. TRAVER-Gotcha. Okay. So the question is do we want to bump it up to the 22.63, and the same with the site foot candle with the 1.28 existing to 2.43. Correct? Okay. Thank you. Good evening. MR. POTTER-Good evening. Chris Potter from Stewart’s. I think Laura pretty much touched on all the changes we made. We’ve also addressed all the engineering comments from Chazen. We did get additional comments based on this submittal, which we did give a comment letter based on that and revealed all the remaining I think four or five comments I think we addressed. As far as the lighting, I think with this site being right across from another gas station in competition that was approved with 33 foot candles under the canopy is why, the reason why we’re asking for a deviation to have brighter lights underneath the canopy. Other sites we’ve done in the Town we’ve done much less, but because of where we’re at and what’s around us, we just, we feel that being 10 foot candles under what they are to us would be acceptable and hopefully the Board feels the same way. MR. TRAVER-Well what I would comment on that is that the site that you speak of across the road sooner or later probably would be again in here for review and at that point we’ll be addressing the extra bright lighting I suspect because that is excessive. MRS. MOORE-I’m sorry. I apologize for interrupting but this Board already evaluated that. MR. TRAVER-What’s currently there, correct. MRS. MOORE-Yes, but you, the Board, already looked at that information is what Chris identified and you’ve already reviewed that and said that that was okay. MR. TRAVER-Right. All right. Questions, comments from members of the Board? MR. MAGOWAN-Well I guess my only question is we approved 32 foot candles for there across the street? Chris, you’re are lighting guy. MR. HUNSINGER-Don’t look at me. MR. MAGOWAN-That’s why I’m looking at you. That wouldn’t pass. MRS. MOORE-So I’ll just add to this. That canopy is much larger. There’s two larger canopies over there. I think that was maybe possibly one of the reasons why the Board allowed the applicant to maintain the current candle footage. Obviously this canopy is a bit smaller than that. So I don’t know what the Board is feeling. So under gas canopy pump island, it’s supposed to be, the guidance is 10. MR. TRAVER-So what’s there currently is above guidance, and we’d be doubling guidance if we go with what’s before us. MR. DEEB-It’s a larger canopy than across the street. What’s the lighting say on 149? MRS. MOORE-So that information’s in your notes. MR. POTTER-That one’s like 14 foot candles under the canopy. MRS. MOORE-Yes. MR. DEEB-Is that canopy bigger than this one? MR. POTTER-No, it’s half the size of what we’re doing here. 10 (Queensbury Planning Board 03/19/2019) MR. DEEB-So the one on Corinth Road would be twice the one on 149. MR. POTTER-Correct. MR. DEEB-I just have a, that increase in lighting is, I know you say it’s not fair, in comparison to across the street, but you’re asking for a lot. MR. TRAVER-Yes, myself I think it’s too much of an increase. I understand where the applicant’s coming from, but it’s a battle that we’re dealing with around Town and I think if we escalate this it’s just going to further sort of the light battle, if you will, and we’ll be faced with further and further, I mean at some point we have to draw the line. If a site or more than one site gets out of line, I don’t know what we can do about that, but we can certainly deal with the future proposals, and that’s my feeling. MR. MAGOWAN-Well, you know, if you also look at the spill out on the way out underneath that canopy, it drops pretty drastically on the edge of the canopy, you know, I mean the concentrated light it’s really in the center. I’m still a little baffled that, you know, it’s so bright, and like I said, the candle lights on the LED, they don’t spill out as far as the other light. I mean sometimes I hate to see a dark underneath the canopies. I mean that’s where everybody looks under the hood and stuff like that, but you look at the spill out out there and go all the way out to the edge of your lot, they’re concentrating their light underneath that canopy. MR. DEEB-That’s still bright, and I don’t think it’s going to be dark. It’s going to be less lit, but not dark. MR. SHAFER-Do we have a Code? MRS. MOORE-Yes. So the Code is the guidance is 10. It’s not a requirement, it’s a guidance. So the foot candle canopy should be about 10, and so the current situation is 10.49. So the applicant is asking for double that at this time. I mean, and as Brad pointed out, it is a concentration versus previously when we didn’t have LED being used as much, there was more spill off from the canopy. So Brad does make a good point that that LED light is focused underneath the canopy. MR. SHAFER-That argues for an even lower number than previous lighting systems. MRS. MOORE-Not necessarily. MR. SHAFER-Well if the LED cuts off quickly. MRS. MOORE-Right. MR. SHAFER-And they’re asking for 22 instead of 10. MRS. MOORE-But it still would be less bright I guess versus 20. MR. MAGOWAN-But also your fixtures are recessed up into the canopy, too. MR. POTTER-Yes, they are. MR. MAGOWAN-All right. They don’t hang down where the light shines out this way, you know. That also cuts down the, you know, I don’t have a problem with that. If it was spilling out further, but, I mean, now that I’ve become more aware of the different LED lights and all the other projects we’ve done and gone and checking, I mean, it’s different if it’s on a building and shining out at you or it’s hanging down below the soffit and it shines out this 11 (Queensbury Planning Board 03/19/2019) way, but yours are recessed up into the soffits which I’ve notice, and they’re bright, it looks clean, but it diffuses out quickly. MR. SHAFER-Is there consideration of changing the Code, Laura, for LED’s? MRS. MOORE-Not at this time. Not that I’m aware of. MR. MAGOWAN-It’s a guidance. MR. TRAVER-Yes, it’s not Code. MR. SHAFER-Whatever. MR. DIXON-Were these lights going to be like a soft light or are they almost iridescent blue? MR. TRAVER-Well they’re LED’s. MR. DIXON-Because I know you can get the soft light like a residential, so that yellow, lower on the Calvin scale I guess. MR. POTTER-Right, yes, there’s like a 5700 or 44. MR. TRAVER-Yes, the frequency. Well these are recessed. So I would think that they probably would not be the soft light because your eye is normally not exposed directly to the light which I think is what the soft effect is intended for. This is going to be directed down to illuminate, as Brad pointed out, the specific area around the pump so it’s probably a bright white. MR. MAGOWAN-Well is it like the other lights you have out on 149 and what you have up on Route 9? MR. POTTER-Yes. MR. HUNSINGER-I was just going to say that. I did pull up the lighting plan from the 149 project, which we often use as the example, and it looks like you’re using the exact same fixtures. MR. POTTER-The number of LED’s I think my guess, since that would be a lower foot candle, would be less or there’s different drivers that you can put in the fixture to lower the foot candles. So my guess is we did a special order light for the 149 location to get that down to those levels. So I think an average of 14. MR. HUNSINGER-I think it was less than what you had actually proposed. MR. POTTER-Absolutely. Yes. We originally came in with more and then revised it and we went down to 14. MR. HUNSINGER-Okay. MR. POTTER-Yes. MR. DEEB-Is that something you could do with this one? MR. POTTER-We would like not to just because of, you know, what’s across the street. You have a 33 foot candle canopy across the street and we’re only asking for a 22, and that was 12 (Queensbury Planning Board 03/19/2019) just approved within the last couple of years. So it’s not like it’s something that’s been there, but we’re going to be dimmer than what our competition is across the street and then, you know, to go down to that 10, which is the recommended foot candles, they’re three times higher than what we would be. I don’t think that’s fair. In other locations where we’re at, 149, you know, we’re in for re-development our Aviation Road site. Those levels we decreased because of where we’re at. I think just because of this location in particular, with the competition across the street being just approved recently with 33 foot candles, I think it’s fair for us to have that. MR. TRAVER-We do have a public hearing on this application. Do we want to listen to any public comment that might be offered? MS. WHITE-Sure. MR. TRAVER-We’ll open the public hearing and ask is there anyone in the audience tonight that wanted to address the Planning Board on this application? I’m not seeing any. Laura, are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-No written comments. MR. TRAVER-Okay. Well, we’ll close the public hearing. PUBLIC HEARING CLOSED MR. SHAFER-Would you open to Page 9 and 9A please. MR. POTTER=Sure. MR. SHAFER-There appear to be six different scenarios there on vehicle routing, truck traffic. Would you walk me through those? MR. POTTER-Certainly. The first one on the left side of the page is our fuel tanker. So that would be the movement that that fuel tanker would make. It would come in from Corinth Road, come in that driveway, and exit out onto Big Bay. MR. SHAFER-And he’d fuel the tanks over on the west side? MR. POTTER-Yes. MR. SHAFER-Okay. MR. POTTER-The middle one is like a larger truck that would potentially fuel up or circulate through the lot like the trucks that are down on Big Bay Road, you know, the Curtis Lumber or the other commercial. MR. SHAFER-So the fueling station is on the north edge of the property? MR. POTTER-Correct. MR. SHAFER-Okay. MR. POTTER-So that’s that movement for that vehicle, and then same movement for the other, the last one on the sheet, S-9, it’s just coming in from the other direction, to show that that larger truck can make those movements around the canopy. 13 (Queensbury Planning Board 03/19/2019) MR. SHAFER-What is the third one, the one on the right hand side? MR. POTTER-That one is entering in from Big Bay and exiting out onto Corinth Road. MR. SHAFER-Entering from Big Bay and exiting out onto Corinth. MR. POTTER-Correct. MR. SHAFER-So going out onto Corinth you’d have to go over into the opposite lane in order to make that turn. MR. POTTER-Correct. MR. SHAFER-Is there no way to change the radii of the island there as the truck comes out so they don’t have to do that? MR. POTTER-That’s an existing driveway and there’s the pole there. MR. SHAFER-You’re going to re-do the whole site. MR. POTTER-Right, but there’s poles on each side of our driveway. There’s a pole on the left side and the right side, all within a few feet. MR. SHAFER-What kind of a pole? MR. POTTER-A utility pole, for overhead wires. MS. WHITE-National Grid. MR. POTTER-Right. MR. SHAFER-All right. How about the other three, though, on the next page? MR. POTTER-So the first one it would be, if there’s a fuel tanker next to the tanks dropping for a delivery, that shows vehicles being able to get around and also our delivery truck circulating around, that would be the middle one, and then for some reason the last one is indicated, that’s the same one as the third one that’s on the first page. MR. SHAFER-The middle one is? MR. POTTER-Is our, what would be the Stewart’s delivery truck which would deliver out behind the store. MR. SHAFER-So there’s just the one instance where you encroach on Corinth Road by trucks coming out? MR. POTTER-Correct. MR. SHAFER-What about the idea of making sure they always come in the other way? MR. POTTER-We don’t do that. What would be additional driveway addition on to Big Bay, our delivery trucks would most likely exit out that, towards the rear. MR. SHAFER-I was thinking of the right hand graphic on Page 9. That’s the one I have a problem with where the truck has to go in the opposite direction on Corinth Road. 14 (Queensbury Planning Board 03/19/2019) MS. WHITE-Which it sound like is what’s currently happening. That’s what’s happening now. MR. POTTER-Yes. Correct. I don’t know that there would be a way to say trucks could only enter here versus there. MR. MAGOWAN-If the trucks on that S-9, all right, or WB 40, and the Stewart’s truck is a WB 40. MR. POTTER-Correct. MR. MAGOWAN-Why can’t you just circle around the back side of the building in the back and come out the upper, the south side entrance on Big Bay? If they’re both the same size truck, why can’t they go around the building and go back out to the light? MR. POTTER-They could. I think they’re going to take the easiest path would be my guess. MR. MAGOWAN-That’s a pretty busy road. So that would be up to them. MR. POTTER-Right, and I think the people that frequent the store would kind of know what the best route to take would be, I would guess. MR. MAGOWAN-I mean how many semi-trucks do you plan on coming in there? MR. POTTER-Not a lot. We were told that Curtis would like to frequent us more than what they do because of the additional space. MR. MAGOWAN-Chances are they’re going to come out and be coming back. MR. POTTER-And their trucks are actually smaller than a WB 40 anyway. It’s a straight truck. So their movement is, you know, this is a worst case scenario. The chances of WB 40 size trucks frequenting our lot I think is slim. MR. MAGOWAN-I see a bigger entrance and easier for them and I see trying to turn, they might try it once and say, oops, you know, it’s easier to go over there. I see Curtis fueling up on the way back at the end of the day with their trucks ready to go out first thing in the morning and they’d just be going back to the shop. So my question is how many semi-trucks do you think are actually going to do that, and if not, they’d see that line of traffic and everything else and that tight turn and I would say that they would say well just go behind the building and go out here. So you could always put up a sign no big trucks turning this way, go that way. MR. TRAVER-I think a truck that size typically is driven by a more experienced and perhaps more professional driver. MR. MAGOWAN-I agree with you. MR. TRAVER-So they will assess the traffic, you know, at that particular time and make the appropriate decision I would think, but at least they have more than one option. MR. DIXON-Yes, and on the one plan, the S-9A, in the middle there, that tractor trailer, WB 40, going around the Bank side, I just don’t see how that tractor trailer will clear that canopy. MR. MAGOWAN-And why wouldn’t you just go out straight? 15 (Queensbury Planning Board 03/19/2019) MR. DIXON-Well that’s what I would presume that they would do. MR. POTTER-Well these movements were made I guess essentially they weren’t revised from when we added the additional driveway onto Big Bay. MR. MAGOWAN-All right. Thank you. MR. POTTER-So if they’re going to go around the back of the building and it’s a straight shot, they’re not going to make the turn to keep circulating. MR. MAGOWAN-Being the professional that they are, that’s the route I would go. MR. POTTER-And when we met with the Bank, that’s why we came up with that. We looked at all this, after we looked at all these trucks, and we realized it made sense to add that additional driveway out to Big Bay for them and to separate out the Bank customers from us. MR. DIXON-I did want to make one comment on the lighting plan. I appreciated what looks like on the new plan that there’s residential, or residences to the southern end and you’ve dropped it down to zero pretty much across the board where currently you are showing some light intrusion in its current state. So you are showing an improvement. MR. POTTER-Yes we do have a new fixture with a back shielding capability on the pole lights. So it literally pretty much throws all the light forward. It’s a very sharp cut off from behind. MR. TRAVER-Any other questions, comments from members of the Board? How do we feel about the lighting issue? Obviously we’ve heard the argument from the applicant. They would like to have the increased numbers, the 2.43 and the 22.63 based on significant measure because of the competition directly across the street that has a bigger, brighter site. How do we feel about that? Do we need to poll the Board? Do we have a majority comfortable with that or uncomfortable with it? MR. DIXON-I don’t have any issues. MR. MAGOWAN-I don’t have any issues. MS. WHITE-I’m comfortable with approving it. MR. TRAVER-Okay. MR. DEEB-I’m still uncomfortable with it. MR. HUNSINGER-Yes, I still think there could be some compromise. MR. TRAVER-Okay. MR. HUNSINGER-It sounds like you’ve got a majority that are in favor of it. MR. TRAVER-It does. MR. HUNSINGER-So if I vote no, Brad, you can’t point to me down the road. MR. MAGOWAN-That’s fine. I just can’t believe that we allowed the 32, and like I said, but I’m actually, I don’t just look at the big number. I actually look at the spill out, and like 16 (Queensbury Planning Board 03/19/2019) I said the big number is right in the middle, and the spill out is nil. So the light going out, so I don’t have a problem with that. MR. DEEB-I think that’s more than adequate, though, and even though they have a larger brightness across the street, I don’t think we can use that as a criteria to allow us to approve lighting that above what’s recommended. I mean, I can go a little bit, but I don’t think we should use that as a basis because I think that’s a slippery slope. MS. WHITE-So they’re request is actually a compromise. The request that they’re making tonight is actually a compromise. They’re not asking for 33. They’re asking for 22. In my mind, that is a compromise. MR. SHAFER-I still have a problem with the truck routes. MR. DEEB-I think that other curb cut should alleviate a lot of that. That second curb cut will alleviate that. MR. SHAFER-I just have not heard any willingness on the part of the applicant to respond at all to the issue. MR. TRAVER-The issue being the vehicle having to leave their lane under certain circumstances. MR. SHAFER-What are we going to say if there’s a head on accident in the west bound direction on Corinth Road with a tanker truck? MR. TRAVER-I suspect the driver will get a ticket and stern letter. MR. SHAFER-And somebody may come back to the Planning Board and say you guys approved that drawing. MR. DEEB-Why not use some signage. MR. SHAFER-There’s a pole there, well poles can be moved. MR. TRAVER-Well, except the applicant doesn’t have control over, I don’t believe, control over the utility pole. MR. MAGOWAN-Not there because those are major phone lines. They had a problem widening that road because of the amount of phone that’s on that. Yes, that’s a major contender over there. MR. TRAVER-Yes. MR. DEEB-There must be some way to come up with some signage. MR. POTTER-We could put signage up. Whether people obey the signage. I don’t think signage really works. MR. TRAVER-I don’t think it’s necessary for this specific instance that we’re talking about. MR. POTTER-We are there today. There’s a Bank. There’s a Stewart’s. There’s gas. There’s fuel tankers. There are larger trucks currently there today. To my knowledge I don’t believe there’s been any accidents there. It is what it is today, and I think we’re making it better with the additional access point onto Big Bay for vehicles to be able to circulate around. Right now it’s very difficult for trucks to get around the back of the 17 (Queensbury Planning Board 03/19/2019) building and around the Bank that’s currently there. We’re going to have a lot more pavement for vehicles to be able to circulate around. So I think we could certainly do signage if that’s what the Board wants. I don’t know that that’s really going to do anything, but if it’s something that. MR. DEEB-It at least gives you an outlet. There’s something that can be put up and at least looked at. MR. TRAVER-What signage would you suggest? MR. POTTER-No trucks right turn, no right turn for trucks. I don’t know. MR. SHAFER-No exit through trucks if they’re stopped there. MR. DEEB-Truck exit on that southbound curb cut on Big Bay. MR. TRAVER-Would you feel more comfortable with signage there? And would you have a specific recommendation that we could? MR. SHAFER-Well the issue is if a truck is stopped fueling, not to take the right out of Corinth Road because he can’t make that swing. So he’s got to go back to the left out Big Bay. MR. MAGOWAN-So all you need is a sign up there with a big truck in it with a circle and an “X” across and they should understand that. MR. TRAVER-Okay. With an icon of a large truck. Is that something you could do? MR. MAGOWAN-Yes, because some trucks might want to go left and up Corinth Road. So have an arrow with a sign, you know, and then some sign language and everything else saying you can go that way. MR. DEEB-What about truck exit sign at that, like I said, at the south curb cut at Big Bay. MR. POTTER-We could. I just don’t know that somebody that would be fueling there would necessarily see that sign. I think one at the exit to where you may be headed towards that you see, that now instead of making the right movement to go to that exit, they could then make the left, go circulate around the back. MR. DEEB-I don’t know if they’d do that. MR. POTTER-No, and that’s what I’m saying. I don’t think that people are going to obey the signs. They’re going to do the movement that they want to do. It’s just like right in and right out. People still make the left out if they’re able to do it, you know, on a restricted right in and right out. I’m saying that when you do like a center island there and you restrict it to right turns only, you still get people that make left hand movements out of it when they’re able to. So it’s the same situation here. If there’s not a lot of traffic, you’re going to get people that are going to make that right hand turn with a truck, sign or no sign. MR. TRAVER-True, but I think the sign lessens your exposure in the case of a bad accident, to whatever degree. All right. So you’re willing to add signage to reflect those concerns. MR. POTTER-Sure. MR. TRAVER-Anything else? All right. I think we’re ready for a motion. We have to do SEQR review on this. So looking at, under SEQR, I think the environmental impacts have 18 (Queensbury Planning Board 03/19/2019) been addressed, but I’ll ask the Board members if they feel there are any concerns, after reviewing this plan, that need to be addressed, or are we comfortable moving forward with SEQR? Okay. RESOLUTION GRANTING A NEGATIVE SEQR DEC SP # 2-2019 STEWART’S CORP. The applicant proposes a revision to build new convenience store with attached 5,139 sq. ft. bank and a storage shed. The existing convenience store and bank, 4,711 sq. ft., will remain open during construction and the existing building and gas canopy will be demolished when the new building is complete. The project also now includes two proposed curb cuts on Big Bay Road and sidewalks to align with the crosswalk at the corner of Big Bay and Corinth Road. The new canopy is to be 4,656 sq. ft. and to be constructed when the original building is demolished. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, new construction shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Short EAF has been completed by the applicant; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 2-2019 STEWART’S SHOPS CORPORATION. Introduced by David Deeb who moved for its adoption. As per the resolution prepared by staff. 1. Part II of the Short EAF has been reviewed and completed by the Planning Board. 2. Part III of the Short EAF is not necessary because the Planning Board did not identify Potentially moderate to large impacts. th Motion seconded by Brad Magowan. Duly adopted this 19 day of March, 2019 by the following vote: AYES: Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. TRAVER-Next we move on to Site Plan resolution. I know we had at least one condition. RESOLUTION APPROVING SP # 2-2019 STEWART’S CORP. 19 (Queensbury Planning Board 03/19/2019) The applicant has submitted an application to the Planning Board: Applicant proposes a revision to build a 5,139 sq. ft. new convenience store with attached bank and a storage shed. The existing convenience store and bank, 4,711 sq. ft., will remain open during construction and the existing building and gas canopy will be demolished when the new building is complete. The project also now includes two proposed curb cuts on Big Bay Road and sidewalks to align with the crosswalk at the corner of Big Bay and Corinth Road. The new canopy is to be 4,656 sq. ft. and to be constructed when the original building is demolished. Pursuant to Chapter 179-3-040 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 has reviewed the potential environmental impacts of the project, pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration – Determination of Non-Significance The Planning Board opened a public hearing on the Site plan application on 01/22/2019 and continued the public hearing to 03/19/2019, 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 03/19/2019; 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 2-2019 STEWART’S SHOPS CORPORATION. Introduced by David Deeb who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) No waivers have been requested. (note lighting as submitted was approved with 22.63 foot candle avg. for fuel canopy and 2.43 foot candle avg. for the site) 2. Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff; b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; e) 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;- f) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. 20 (Queensbury Planning Board 03/19/2019) b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. g) 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; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) 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. k) This resolution is to be placed in its entirety on the final plans. l) A sign to be erected indicating no right turn for trucks exiting east bound on Corinth Road. th Motion seconded by John Shafer. Duly adopted this 19 day of March, 2019 by the following vote: AYES: Mr. Magowan, Mr. Dixon, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Traver NOES: Mr. Hunsinger ABSENT: Mr. Valentine MR. TRAVER-You’re all set. All right. Moving on. The next section of our agenda is New Business. The first application being New Beginnings Community Church, Inc. Site Plan 6- 2019. NEW BUSINESS: SITE PLAN NO. 6-2019 SEQR TYPE: UNLISTED. NEW BEGINNINGS COMMUNITY CHURCH, INC. OWNER(S): SAME AS APPLICANT. ZONING: CM. LOCATION: 487 DIX AVENUE. APPLICANT PROPOSES TO UTILIZE A PORTION OF AN EXISTING 9,323 SQ. FT. CHURCH FOR A RESTAURANT. THE PROJECT INCLUDES LEASING 475 SQ. FT. KITCHEN SPACE AND 625 SQ. FT. OF DINING SPACE FOR 45 SEATS. NO ADDITIONAL SITE WORK IS PROPOSED, AS THE NEW RESTAURANT WILL USE THE EXISTING PARKING AND ACCESS USED FOR THE CHURCH. THE RESTAURANT AND CHURCH ARE PROPOSED TO OPERATE ON THE SITE. PURSUANT TO CHAPTER 179-3- 040 OF THE ZONING ORDINANCE, NEW FOOD SERVICE USE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SUB 19-2005, SP 10-2008M SO 25-2009, SP 21-2010, SP 17-2011, 2008-615 CHURCH; WARREN CO. REFERRAL: MARCH 2019 & TOWN OF KINGSBURY. LOT SIZE: 15.45 ACRES. TAX MAP NO. 303.16-1-33. SECTION: 179-3-040. RANDY GROSS, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? 21 (Queensbury Planning Board 03/19/2019) MRS. MOORE-Okay. The applicant proposes to utilize a portion of the existing Church. The current Church size is 9,323. The project for leasing space includes lease of 475 square foot kitchen space and a 625 square foot dining space for 45 seats. I’ve noted a couple of items that I’ll just briefly go over. In reference to signage, the applicant needs to update the information on signage so we know where it’s located and to confirm what material and the size of it. In reference to the Site Plan overall I identified the previous site plan, Site Plan 25-2009. There are additional items that have yet to be completed as Staff, and I spoke to the applicant about this. We would recommend that the applicant close out those items as part of this application and if they were to come about in a future application and new site plan would have to be filed. MR. TRAVER-So to just clarify on that item, Laura. So then the unfinished, any unfinished items from the 2009 Site Plan would be excluded, removed, discontinued and if they wanted to re-visit any of those earlier plans, they would return with a new site plan. MRS. MOORE-With a new site plan for those items. MR. TRAVER-Okay. Thank you for that. Good evening. State your name for the record, if you would, and tell us about your project. MR. GROSS-Randy Gross. We are going to move forward to put in a diner and which definition do you want or information? Should I answer questions? MR. TRAVER-Well you presented your plan to us. I guess if you have nothing further to offer at this stage, I’ll just open it up to members of the Planning Board for any questions they might have after looking at your application. MS. WHITE-It will be continued to be owned and operated by the Church? MR. GROSS-Yes. MS. WHITE-So it’s not a separate. MR. GROSS-Yes, it is a separate. It’s a separate LLC. MS. WHITE-LLC, but still part of the Church operations. It’s an LLC as a separate entity from the Church. MR. GROSS-For profit and it’s separate in that the Church is a not for profit 501 C-3 versus a corporation for profit and the building is being leased to the LLC for a dollar, and so the clarification, motive for that is that in the course of my being the pastor there for 14 years and I was the main contractor and laborer for the building project during these 14 years of service, a lot of these years I’ve not taken any salary and the Board of Directors felt that it would be very appropriate to lease the building to this LLC for a dollar. So I guess that was maybe more information than you were seeking. MS. WHITE-So you are the owner of the LLC? MR. GROSS-Yes. MS. WHITE-So the LLC is under your name. MR. GROSS-Yes. MS. WHITE-Okay. 22 (Queensbury Planning Board 03/19/2019) MR. DEEB-It’s a novel concept. MR. GROSS-To go half a million dollars in the hole? MR. DEEB-No. The church runs bazaars, and now you’re actually going to run a diner. What are your hours of operation of the diner going to be? MR. GROSS-I’m pretty sure we’re going to do seven to three p.m. MR. DEEB-Every day of the week. MR. GROSS-Except for Sunday. MR. DEEB-I guess Sunday you have services. MR. GROSS-I have to work. MS. WHITE-Background and experience in dining? Is that okay if I ask that? MR. GROSS-I’ve always been hungry. MS. WHITE-In operating a dining business. MR. GROSS-I come from a family of entrepreneurs, although I’ve never run a restaurant, I have talent around me. MR. DEEB-I was going to say, do you have cooks? I’m sure your congregation must have quite a few in there. MR. GROSS-We have different types. MR. TRAVER-Are you also I guess the Chief Financial Officer for the Church as well? MR. GROSS-Well I would be the President of that corporation. MR. TRAVER-Okay. Because my, and this is not my area of expertise, but my thinking is that there’s going to be a tax liability for, and I forget, there’s an acronym for it, incidental income from business activity or something like that, I believe, on the part of your 501 C-3. MR. GROSS-Yes, I’ve done a full due diligence with CPA’s and attorneys and because the Church is not going to monetarily benefit from the lease, there shouldn’t be exposure for tax liability. MR. TRAVER-I see. Interesting. Okay. MR. SHAFER-Do you have any employees or will it all be operated by? MR. GROSS-The LLC will be employing the public, you know, so it’s not like we’re targeting employing people from the Church. I have an elderly congregation who aren’t interested. MR. TRAVER-They all eat, but they don’t want to cook. MR. GROSS-They want to come and eat. MR. TRAVER-Okay, and you had a conversation with Staff regarding the earlier Site Plan, the incomplete items. So you understand that those items are now going to be, that Site 23 (Queensbury Planning Board 03/19/2019) Plan is going to be closed, effectively incomplete. Should you wish to re-visit those earlier plans, you could certainly come back with another application to re-visit those projects. Do you understand that? MR. GROSS-Well my reading of the language was that that was a part of the discussion tonight, not that it was a foregone conclusion that that’s how it was going to go. It was the Staff’s recommendation. MR. TRAVER-Well these are items that have been open for 10 years now. Right? 2009. MR. GROSS-Well, yes. It took us two years to build the building. So I guess I’m not thinking in terms of. MR. TRAVER-It’s certainly not the Town’s practice or a common situation where you have a site plan that goes 10 years incomplete. Generally it’s, the idea is to have it completed within a relatively short period of time, and it’s certainly, for a variety of reasons, these sub projects if you will with the large site plan you had in 2009, there are a variety of reasons I’m sure why they were not undertaken at the time that it was approved, but we cannot keep these just out there, open indefinitely. What we need to do is, and the recommendation has been, that we close those items. There has been no movement on those items in terms of undergoing those projects, and you do have the benefit in that in 2009 those items were approved ultimately. So it wouldn’t appear, unless you make major changes in those projects, as though you would expect to have a great deal of difficulty, should you come back in the future and say I now want to remove this house or I’m going to change this driveway or these various other items that you had previously planned. So that is a discussion item for members of the Board, but I would suspect that most would consider it very appropriate to, after 10 years, to say, you know, we’re going to close that and move on and look towards the future and we’d be happy to re-entertain those projects should you decide to undertake them in the future, and you would just need to come back to us and let us know that and go through the process with Staff again. MR. MAGOWAN-I’m a little confused here. MR. TRAVER-Okay. MR. MAGOWAN-There’s open items on the 2009 that haven’t been closed out, and we’re just going to close them out? MR. TRAVER-Correct. MR. MAGOWAN-Approve this project and just close them out and if he comes back again he has to? MR. TRAVER-Yes. If he wants to, in other words there were items on the 2009 plan that after they got approval they decided not to do, okay, and they haven’t done them for 10 years. So what we’re going to do is say, okay, let’s just not leave that hanging out there. You completed what you completed. You never undertook these various items. MR. MAGOWAN-I see that part. So are any of them in violation? MRS. MOORE-No. MR. MAGOWAN-Because I know we had like lighting issues and we had, you know, buried stumps or whatever. I know there were many issues long ago. All right. Like I said, I wouldn’t think it would be fair because now, to me, this is another application. 24 (Queensbury Planning Board 03/19/2019) MR. TRAVER-It is. MR. MAGOWAN-All right. MR. TRAVER-Well, what we’re trying to do is clean up the record a little bit because there’s an existing application that’s incomplete from 2009. So what we want to do is end that. I’m not sure we have to take any formal action to do that, but basically acknowledge for the record that that application is closed, incomplete, essentially, and we’re now looking at this application. MR. MAGOWAN-So I guess my question is, do we want to do this again? How do we know we’re not going to have the same problems as we did on building the first time that we’re going to have these issues that will linger on this particular application? And I’m really concerned with the fact that you have a nonprofit tied in with an LLC profit and is that even legal? MRS. MOORE-That’s not the purview of the Board. MR. MAGOWAN-Well I know it’s not, but I’m really confused. MRS. MOORE-That’s not, honestly he was very generous to offer that information to us. That’s not the purview of the Board. MR. MAGOWAN-All right. No offense. This just doesn’t sound right to me. MR. TRAVER-Over my career I have been involved with nonprofits and there have been occasions when there’s been consideration of assuming a partial for profit operation. That’s how I have a little bit of peripheral knowledge about it. The only thing I do know is that there is some potential for merely tax liability. It doesn’t impact the, if it’s done correctly, it sounds like it is, they’re on the same property but they’re operating under separate purviews, if you will, and as Laura pointed out, our concern is with the site, not the revenue, but rest assured the revenue and the taxes and so on will be watched and will be addressed. MRS. MOORE-So I’ll just offer some other items in reference to this. The applicant did go through, when we first met there was going through the Site Plan from 25-2009, the applicant did have the information updated to show the condition existing today. So that’s why this plan is so important. It shows some of the things that I think Brad was concerned about was that there was a parking area that had some gravel in it, and so now that plan has been updated. So it really does show what the condition are today. So the applicant has completed those items satisfactorily to what needed to be accomplished for the site at this time. MR. TRAVER-So there aren’t any enforcement concerns or anything at this time with what has been accomplished thus far. MRS. MOORE-Correct. MR. TRAVER-So all we’re doing is we’re basically saying what I think we’ve said already this evening, but we’re basically saying we’re acknowledging that the 2009 application, although not all of the items, and in some ways they could be considered individual projects, some of them. MRS. MOORE-They actually can, yes. MR. TRAVER-But as a whole we’re saying it’s closed incomplete. 25 (Queensbury Planning Board 03/19/2019) MRS. MOORE-I wouldn’t necessarily use the word incomplete. I think it would just be closed. Those items that remain not completed yet could be evaluated in the future as separate applications. MR. TRAVER-Okay. MR. GROSS-The language is clear. It’s a phased program that, you know, which Phase I was warranted. Then Phase II would cause the kicking in, removing the house in the front and then building a house in the back. MR. TRAVER-Sure. MR. GROSS-And other buildings would be a part of Phase III. MR. TRAVER-And we would certainly consider those. MR. GROSS-So if I understand correctly, and I hope the record will reflect, that these are approved plans, but for carrying them out, we would come back for another site plan review, but it’s not really altering those plans. It should be pretty much a formality. MR. TRAVER-If you submit them as originally proposed, then there wouldn’t be any change in those plans. It may require another review. As I mentioned earlier, since earlier you were approved for those plans, you should not face any major obstacles in getting them re- approved at some point in the future unless there’s changes to regulations or your plans or something causes some impact that we’re not aware of at this time. So you understand where we’re at this evening with regard to that? MR. GROSS-Yes. I do understand. MR. TRAVER-All right. Then can you address the issue of the sign, location, and the design? MR. GROSS-Okay. I spoke with Craig Brown regarding the zoning allowance for the sign that will be placed at the road and what we’re planning for is a double sided sign that would be four foot by eight, thirty-two square feet, the size of the one that’s currently up at the road. It’ll be set back according to the proper distance, and it’ll be a sign that we included pictures in the application of what we’re going to put there, and then there was another sign, as this develops, that we’re going to place like a billboard on the roof of the building that would be cut out of metal and it would be within the Code of 200 square feet. So it would be under that square footage to be attached to the roof. So that’s another future sign that I’ve already gone over with Craig. MR. TRAVER-Okay. MRS. MOORE-So in reference to the sign that’s at the road, the final plans that you’re submitting, that location needs to be noted and then the other question is the type of sign. So is it a monument sign, or is it similar? I mean all I have is the image of the sign itself. I don’t have the structure of how it’s being, if it’s on posts or things like that. MR. GROSS-Initially what I was going to do is just put up a sign over the Church sign, just initially, and then later it would have its own place, but, yes, it would be just like that sign. MR. TRAVER-Okay. So I think if we indicate in our resolution that the sign be Code compliant and that the plan be submitted to you prior to the sign being erected. Would that be sufficient? MRS. MOORE-Yes. 26 (Queensbury Planning Board 03/19/2019) MR. TRAVER-And the sign that’s, you heard him describe a billboard on top of the roof? MRS. MOORE-Yes, and I understand he’s communicated with Craig and there are opportunities in our Code for a roof sign I believe it’s called. MR. GROSS-It’s 450 feet from the road at the point we would place it on the roof. It allows for like a four foot high letter, and it could be 50 feet long at that 200 square foot number. MR. TRAVER-All right. So that would be Code compliant, too? MRS. MOORE-Potentially. It has to be submitted to be reviewed. In reference to the roof sign, do you believe it will be lighted or you don’t know yet? MR. GROSS-Yes, I would assume so. MRS. MOORE-Okay. So those plans are going to need to be submitted in advance for review and approval by the Town. You understand that. Correct? MR. GROSS-I believe that was through Craig’s office if I understand correctly. MR. TRAVER-Well I would communicate with Laura initially. MRS. MOORE-So there’s a sign permit process. I just wanted to confirm that the freestanding sign would be Code compliant and what type of structure. So when we look at the final plans we should probably have some sort of image of what it could potentially look like. So if you’re just recopying the current sign that you have there, then that would be something that we’d have in our final plans for this project now. So I was trying to obtain that information and now I understand. MR. TRAVER-Sure. Okay. And then there was a question about, oh the square footage of the roof sign. Okay. So that’s going to be Code compliant and that would be submitted to you. So we have those items. Do we have other questions, comments from members of the Planning Board? MR. DIXON-I just have a quick question. When I was out there doing the site visit, the parking lot that’s on the east side, it was still covered with snow. So is that a crushed stone or is it paved? MR. GROSS-Yes it’s a full Item Four base put in according to the plan so it’s ready to receive asphalt. Yes. MR. DIXON-All right, and the road that accesses it, you’ve got it listed as a gravel drive. I know there were quite a few ruts that were starting to go in there and I don’t know if there’s any concern over drainage, as far as the water running through the ruts and heading towards the main road. I don’t know if you’re planning in bringing in additional stone to correct that? MR. GROSS-I’ll address that. That’s, you know I’ve been on the property for 10 years and this year our rainfall has been extraordinary and we’re coming in to the spring thaw. The property is such that you can drive over the property anywhere at any time of year in general terms in general conditions and never have a rut, but this year has been just extraordinary in our water. MR. DIXON-And this diner, it’s going to operate all season long? It’s not just through the summer? 27 (Queensbury Planning Board 03/19/2019) MR. GROSS-Yes, sir. MR. DIXON-Okay. MR. TRAVER-Anything else? All right, and I’ll note, too, for the audience that on the agenda for this evening this and actually the remaining plans on, items on the agenda are listed as Unlisted but actually under SEQR there was some revisions to the Code this year and actually as of now these are all Type II actions. So I’ll just note that if you have an agenda that you’re looking at, and that includes this application as well. We need not do a SEQR resolution on this, and we can move to the Site Plan. Okay. MS. GAGLIARDI-Excuse me, Mr. Chairman, did you do a public hearing? MR. TRAVER-Actually no, I didn’t. Thank you for reminding me. We’ll open a public hearing on this application and ask if there’s any one in the audience that wanted to address the Planning Board with regards to this application. I’m not seeing anyone. Are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-No written comments. MR. TRAVER-Okay. With that, then, we will close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-And now we’re ready for a motion. RESOLUTION APPROVING SP # 6-2019 NEW BEGINNINGS COMMUNITY CHURCH The applicant has submitted an application to the Planning Board. Applicant proposes to utilize a portion of an existing 9,323 sq. ft. church for a restaurant. The project includes leasing 475 sq. ft. kitchen space and 625 sq. ft. of dining space for 45 seats. No additional site work is proposed, as the new restaurant will use the existing parking and access used for the church. The restaurant and church are proposed to operate on the site. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, new food service use 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 has reviewed the potential environmental impacts of the project, pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration – Determination of Non-Significance The Planning Board opened a public hearing on the Site plan application on 03/19/2019 and continued the public hearing to 03/19/2019, 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 03/19/2019; 28 (Queensbury Planning Board 03/19/2019) 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 6-2019 NEW BEGINNINGS COMMUNITY CHURCH, INC. Introduced by David Deeb who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) No waivers were requested. 2. Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff; b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; e) 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;- f) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. g) 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; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) 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. k) This resolution is to be placed in its entirety on the final plans l) Sign design and construction to be clarified and Code compliant. m) Remaining items of Site Plan 25-2009 will need to be re-submitted for Site Plan Review. th Motion seconded by Chris Hunsinger. Duly adopted this 19 day of March, 2019 by the following vote: 29 (Queensbury Planning Board 03/19/2019) MR. TRAVER-Any discussion on the motion? I guess the only question I would have, Laura, and I think I know the answer, but do we need to, we don’t need to put anything on this motion with regard to the 2009? MRS. MOORE-You should do that. MR. TRAVER-We should? MR. DEEB-Okay. All right. Then we’ll add, not really a condition. We’ll add an acknowledgement or a, how would you phrase that exactly? It’s not really a condition. Maybe it is a condition. MRS. MOORE-I think it is a condition, that the close out of Site Plan of 25-2009. MR. HUNSINGER-Can we acknowledge the survey map that was submitted? Because that shows what was completed. MRS. MOORE-The existing condition. MR. TRAVER-Well, yes, except that there’s still open items on that 2009. So why don’t we say this approval is conditioned upon the. MR. HUNSINGER-The survey map I’m talking about shows what’s existing. So it doesn’t show any uncompleted items. MRS. MOORE-But there’s other drawings in his packet that show the previous items that were to be done. MR. GROSS-I think what Chris is saying is that we removed from the documents the pending items, the phases, Craig asked that they be removed, or Staff did, and so that what was reflected on the document that you see is what was completed, completed conditions of Phase I. MR. HUNSINGER-I’m looking at the drawing that was labeled issued for Site Plan Review and dated 1/29/2019. MRS. MOORE-I understand now. So there should be maybe a note in there saying that the drawing of that date acknowledges the existing conditions and any future review for those items identified in Site Plan 25-2009 would come under a different site plan. MR. GROSS-A lot of language. MR. TRAVER-Yes. MRS. MOORE-It’s just a through. MR. TRAVER-If I may make a suggestion, why don’t we say that a condition is that with the approval of this application the acknowledgement that the 2009 application is closed complete. MR. GROSS-Complete wouldn’t be right, though. MRS. MOORE-Right. MR. TRAVER-Well earlier I had said closed incomplete. 30 (Queensbury Planning Board 03/19/2019) MRS. MOORE-Right. So the remaining items of Site Plan 25-2009 would need further review. MR. GROSS-Would need further review. MR. TRAVER-Okay. AYES: Mr. Dixon, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. TRAVER-Good luck. MR. GROSS-Thank you. MR. HUNSINGER-So when do you hope to open? MR. GROSS-Pending our permit with the Town, a week from Friday. MR. TRAVER-All right. The next item on our agenda under New Business is Matthew J. Barrett, Site Plan 5-2019, and as noted correction to the agenda, this is a SEQR Type II. SITE PLAN NO. 5-2019 SEQR TYPE: UNLISTED: MATTHEW J. BARRETT. AGENT(S): JARRETT ENGINEERS. PLLC. OWNER(S): JAMES E. BARRETT. ZONING: CM. LOCATION: 437 DIX AVENUE. APPLICANT PROPOSES TO MAINTAIN AND EXPAND AN OUTDOOR STORAGE AREA FOR BARRETT VEHICLES RENTED AND OWNED. THE SITE AND BUILDING BUSINESS INCLUDES HERTZ RENTAL AND TOWAWAY THAT HAS AUTO SALES AND SERVICE FOR VEHICLES. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, OUTSIDE STORAGE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 59-2011 AUTO SALES; SP 27-2013 CONSIGNMENT SHOP; WARREN CO. REFERRAL: MARCH 2019. LOT SIZE: 1.72 ACRES. TAX MAP NO. 303.16-1-8. SECTION: 179-3-040. TOM JARRETT, REPRESENTING APPLICANT, PRESENT; MATTHEW BARRETT, PRESENT MR. TRAVER-Good evening. MR. JARRETT-Good evening. Tom Jarrett of Jarrett Engineers, Matt Barrett, owner of Barrett Auto. This project is pretty straightforward and I’m hoping it’s simple. The Barrett family has owned it since the mid 50’s, operated it at this location intermittently and the area that we’re proposing is on the western portion of the site we’re proposing to use what was formerly used for storage. We want to now formally get it approved for open storage of vehicles. We’re not changing the grades. We’re not changing the configuration of the site. We’re merely putting gravel down to give it stability especially in the spring when it’s very muddy, and as a result of that site improvement we are putting in a drainage interceptor across the lower edge of this proposed storage area, routing it to a detention basin. And you’ll note in our application we’re proposing detention because we have very shallow ground water at bedrock and we have a wastewater system directly downgradient of it so I don’t want to infiltrate a lot of water in it. We’re detaining water, slowing it down, and releasing it very slowly to the location that it routes to now in Queensbury Avenue. No change in drainage patterns. Just improving the quality and improving the rate of runoff. We are adding a buffer area to the rear and a fence along the rear to protect the neighbor. We’re adding the landscaping on the property and Matt plans to potentially add lighting in 31 (Queensbury Planning Board 03/19/2019) the future, just to disclose it to the Board. We’ll be back with details on that. We just wanted to acknowledge to you that we may add lighting in the future. Laura had asked f or some clarification on a few items. MR. TRAVER-I’m doing this a bit out of order, but if I could I’d like to ask Laura to review her Staff Notes as well. Sorry, Laura. MRS. MOORE-That’s fine. He was right into it. I was just going to skip it. Right now the applicant proposes to maintain and expand an existing outdoor storage area for Barrett vehicles. I have rented and owned, and the reason why this is identified as rented and owned by Barrett is because it can’t be, it’s like a storage lot for other tenants to come in and store their items there. It has to be for the applicant’s stuff. So I just want to make sure and clarify that. I did identify some items. I believe Tom was just going through them and I’m skimming through their notes. I think most of the things will be addressed in reference to site lighting and floor plans and the only thing that probably needs some clarification is probably the signage and then stormwater and stormwater responses to Chazen’s comments. MR. TRAVER-Yes, I would tend to agree. Okay. Thank you, Laura. Sorry for the confusion on the process here. MRS. MOORE-That’s fine. MR. JARRETT-So the letter’s in draft form, and if you’re willing to address those items, if I may clarify things and I put it in writing, and I’ve summarized all the comments from Laura, from the Fire Marshal, and from Chazen in one draft letter. Depending on how we leave his meeting tonight, I’ll finalize it in whatever form is appropriate. As Laura said I think a lot of these items were clarifications and I think you agree that we’ve got a lot of them clarified. MRS. MOORE-A lot of them are narrowed down now, and I apologize. So the one question I had was in reference to Barrett Auto and Hertz Rental. They’re the same unit apparently so it’s not like there’s two separate office spaces, and that’s what I wanted to clarify. MR. BARRETT-Yes, to clarify, the company name is Barrett Transportation Services Incorporated. We are a Hertz franchisee. So we operate as Hertz car rental, and we are also a Penske agency, but all of that operates under that corporation. MR. TRAVER-Okay. If I could get back to the engineering comments, Tom, for a second. Do you have the draft maintenance agreement? MR. JARRETT-We don’t have it prepared but we will follow the Town standard for that. We’ve agreed to do that in that letter. In fact depending on how we leave this meeting we’ll include it with the finalized letter. MR. TRAVER-Okay. MR. JARRETT-Two big issues were raised by Chazen. One is related to topographic information. For design purposes we didn’t need to shoot any topo on the site because we’re not changing the site at all, and our interceptor swale is downgradient of all of our improvements so it actually will collect all that water and route it to our stormwater system. The Planning Office asked us to run topo of the storage area, which we did do, and that’s on your plan. Chazen has now asked for topo on the entire site, and I’m asking for relief from that because I don’t think we need it. We’re not modifying anything below that storage area meaning east of the storage area limit. I don’t think there’s any benefit to that. 32 (Queensbury Planning Board 03/19/2019) MR. TRAVER-So on that basis you feel that you can get a signoff from the engineer on that item? MR. JARRETT-With some support from this body I think I can, but on my own I may not. MR. TRAVER-Okay. We don’t normally specifically address engineering issues. MR. JARRETT-I understand. I’m asking you to dip your toe in the water here. MR. TRAVER-I’m not sure that’s a practice we want to start. MR. JARRETT-Well the next one’s probably going to be an even bigger lift. We used simplified calculations which are not used very often anymore, and that’s probably why Chazen challenged them. They are old school calculations that were used exclusively 20 years ago, 30 years ago, I’m dating myself, but they are still applicable to small sites and I was trying to save money and time for Matt, and I still think the calculations are appropriate. What we’ve used here is a modified rational method which is explained on the back of your letter, and depending on what the Board is willing to weigh in on, I know you have no major expertise in this area. Maybe some of you have some expertise in this area. You probably can’t weigh in on it but I’d like support for the simplified method because it is a very simple project. MR. TRAVER-Sure. Well certainly, obviously one of the requirements is you need a signoff from the Town Engineer and typically when there are open questions regarding engineering, and you’re familiar with this process as well. Generally if an applicant comes in and feels confident that they have or can address all of the issues that are presented by the engineer, then we will sometimes feel comfortable by simply stipulating that requirement that you continue to do what you need to do to get that signoff. MR. JARRETT-Well by default, if we have to provide topo on the entire site, we can do it. It’s expensive. It’s unnecessary in my opinion. If we have to modify our stormwater calculations I can do it. It’s expensive, it’s time consuming and it’ll cost Matt, but that’s where we stand. MR. TRAVER-Right. Understood. MR. MAGOWAN-I have a question. That building’s been there as long as I’ve lived here and in doing a site visit I noticed that there was gravel amongst a lot of gravel spots over there. Wasn’t that a parking lot at one time? MR. BARRETT-Yes. So the history on our site, you know, our grandfather started the business in 1954 as a Hertz franchise. We operated out of that building until 1995. When that land was acquired by my father, I believe in the late 60’s, that’s when it was used as storage for our rental vehicles. Basically with rental you have expanding kind of flows, in and out flows. So if I’m doing my job right my lot’s empty, but when we rent trucks during the holiday season and FedEx and UPS rents from us, once the holidays are over, you know, 25 trucks come in and they’ve got to go back out. So that had always been gravel, and then we had an environmental issue with gas tanks that were on the site. So we worked with the New York State DEC spill coordinators and we used. MR. TRAVER-That was one of the concerns that was in the engineering as well. Correct? MR. BARRETT-Yes. So Steve Pasco was the coordinator. We were working with him since early 2000 and what we did was we used that existing gravel hill and we threw down protective tarp and remediated the soil on top of that hill and then we got the signoff from him that the soil was good to go and he actually recently is closing the spill so we’re getting 33 (Queensbury Planning Board 03/19/2019) a no further action letter on the site. We’re just waiting for Jeff Wink and Northeastern Environmental to verify in the springtime that all the wells that they did throughout that testing project have been certified closed and then Steve had already said that he’s willing to close the case. He’s fine with the remediation that we’ve done. So I believe two site plans ago because we left the site in ’95 and leased the site out to different tenants, I think Nutech had a site plan that was approved where that area was still gravel being used as storage for their equipment. What I’m trying to address here is bringing it back to true, the latest site plan that was on file, two tenants, basically my uncle signed off on that area classifying it as snow removal area. So unfortunately he should have never done that. It’s still useable gravel space and area. It just wasn’t being used by the tenant we were renting the building out to. So what we’re trying to do here is get this back to what it historically was and is. We want to maintain it, update it, make the site, you know, to Code and clean up the site plan and get it workable. MR. TRAVER-Sure. Okay. Questions, comments from members of the Board? MR. MAGOWAN-Well after explaining that, Matt, I could see why Tom is saying it is rather a small project and all you’re doing is just really cleaning up something that was preexisting. So I don’t have a problem with it. MR. TRAVER-And do you feel comfortable with regards to the engineering, our typical, and the requirement is that they receive a signoff. MR. MAGOWAN-Tom’s reputable and like he said he’s been around a long time, no offense, Tom, you know, if he feels confident I feel confident. I mean like I said, knowing what the site looked like before and after my site visit and looking at the plans, I mean it actually would be I think an improvement to even what was there before. MR. TRAVER-Yes. Okay. MR. HUNSINGER-So the question is begged by some of the discussion about the runoff and such. You have these proposed detention basins, and you say in the notes eight inches deep, three inches required. So is that the calculation that is under discussion? MR. DIXON-It’s just three required. So it’s going to be three eight inch basins. MR. BARRETT-There’s three basins, I think. MR. JARRETT-There’s a step down. There’s three basins stepped down. MR. HUNSINGER-Okay. All right. MR. DIXON-And the area that’s going to be a rental area, just so I’m perfectly clear, in some of my notes it kind of indicates it’s rental units or boats, RV’s that are owned by you, but that can’t be the case. I’m assuming that you’re providing space for rental. Let me back up, space rental for RV’s, boats. They’re not yours. MRS. MOORE-They are his. They have to be. He can’t rent out space to someone that owns an RV. He has to be the owner of that. MR. BARRETT-So all the vehicles that are going to be on that space will be owned by myself, and what our business model is, and what I’m trying to do is make it as broad as possible to give us, to have approval for the flexibility, you know, we rent stuff. Right. So we’re renting cars. We rent trucks. When we used to be over on Quaker Road, and were Barrett RV’s, we rented RV’s. So if I start to rent pop up tent campers, again, I need to park those campers somewhere when they’re not being rented. So that’s the intent of that language. 34 (Queensbury Planning Board 03/19/2019) There’s no plans to rent out that as storage space for the winter for somebody’s boat. If a boat’s stored up there it’s because it’s our boat. If there’s an RV up there or a trailer it’s ours. In essence, you know, there’s other rental places where, you know, you can see all the stuff check in on the weekends. They’re spilling over with vehicles everywhere, right, so you need that extra space for that spillover when we do have the stuff returning and wait for it to go back out. MR. TRAVER-Okay. MR. SHAFER-I have a question about process. Laura, the two issues that Tom raised, is there an employee of the Town of Queensbury that can adjudicate those issues or do we rely solely on Chazen’s opinion? MRS. MOORE-We do rely on Chazen, but we also have staff discussion about those items. MR. SHAFER-Okay. MRS. MOORE-My first reaction to that is that it would still need to be a 50 year storm because that’s what our Code requires. I understand the rational method. MR. JARRETT-That is a 50 year storm. MRS. MOORE-Okay. So you’re responding to Chazen with that comment, and then the reference to actually doing topography for the entire site, I do think that’s a discussion between the applicant and Chazen and ourselves as staff. MR. TRAVER-Which typically it is. MRS. MOORE-Right, and so just to confirm that those are spot elevations and to confirm what Chazen is looking for so that they can complete their review. MR. JARRETT-Those are contours that we drew. That’s a topographic survey that we completed. MRS. MOORE-I know. So that is a discussion between the applicant and Chazen that, you know, we can look at. If Chazen’s going to come back and say how do you feel about that, that’s a discussion with our Zoning Administrator. MR. BARRETT-I have a quick question. I know because the site topography wise really hasn’t changed over the years, I know looking at some of the prior site plans when I was researching this project that Nutech did an extremely thorough site plan. Were there topographical measurements done then? MRS. MOORE-I mean you might want to share, I don’t have that information MR. TRAVER-So you may already have the topographic information that they’re seeking. MR. BARRETT-We’re trying to address the hill itself, because we have photos of the property if people aren’t familiar with it. Where the pavement already is and the structures is, we don’t feel that there needs to be a topographical survey done of that area. MRS. MOORE-So the question from there, and this is why I think Chazen is looking for it, and this is why we discussed whether the spot elevations would work, is you now have a new drainage pattern that you’ve created. MR. JARRETT-No, we do not. Chazen’s totally misunderstood our design. 35 (Queensbury Planning Board 03/19/2019) MRS. MOORE-But you’re installing drainage. You’re installing drainage items. MR. JARRETT-Correct. MRS. MOORE-So we want to make sure that works with the topography that’s out there. MR. TRAVER-I think we’re getting out of our purview. This is a discussion that you need to have with Chazen, and certainly to me your points seem right on, but I’m not Chazen. So it’s been my experience that generally applicants and Chazen are able to, or our Town Engineer is able to work out these issues. Has that not been your experience? Okay. All right. MR. JARRETT-It’s classically one sided. MR. SHAFER-Which is why I asked the question is there a Town employee that can adjudicate the difference of opinion. MR. JARRETT-That’s very appropriate. MRS. MOORE-That’s our Zoning Administrator. MR. TRAVER-Yes. I mean that’s why we hire a Town Engineer. It sounds like there will be more discussion on these issues. As far as this body is concerned, our requirement is approval by the Town Engineer. How that process evolves, I mean, I’ve seen very, very lengthy processes to get that done and I’ve seen more often than not, you know, counter responses to their letter and that’s the end of it. MR. JARRETT-I don’t think Matt can afford a lengthy process. I’ll have to capitulate if we can’t make the argument. MR. MAGOWAN-But he was able to use an older set of tops? MRS. MOORE-I mean, if there are different topography lines, then. MR. JARRETT-Yes, classically you accept only recent surveys. We have to be careful as to what the vintage of that survey is. MR. TRAVER-But if the topography hasn’t changed, and you haven’t installed. MR. JARRETT-Somebody has to certify that, and that’s where you ask for surveyors to do that. So we’ll look at it and see if we can make it work. MR. TRAVER-Yes. Okay. We also have, before I forget, we have a public hearing on this application. Is there anyone in the audience that would like to address the Planning Board on this application? I’m not seeing anyone. Do we have any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments, and in reference to SEQR, this project is one of the ones that still triggers the Unlisted. So this one’s a little bit different. There’s no language currently in the SEQR regs that address work on a site that is not a building. If it were just in reference to the building, utilizing an existing commercial building. Type II, but there’s no language in the Type II at this time that discusses work outside, on a site that isn’t a building. MR. TRAVER-So we should consider this Unlisted for our purposes this evening. 36 (Queensbury Planning Board 03/19/2019) MRS. MOORE-Yes. MR. TRAVER-Okay. All right. Then we’re lucky because we’re provided with a SEQR resolution in our material. MRS. MOORE-Your public hearing should be closed. MR. TRAVER-Okay. So we’ll close the public hearing. There are no requests from the audience and no written comments. PUBLIC HEARING CLOSED MR. TRAVER-With regard to SEQR, there are some outstanding engineering comments. It sounds like there will be a discussion taking place and I personally am not concerned with any environmental impacts related to any unresolved engineering issues, and we are requiring a signoff, but I’ll open it up to members of the Board. Does anyone feel uncomfortable with a SEQR resolution at this stage? MR. SHAFER-No. MR. TRAVER-Okay. Then we can do the SEQR. RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP # 5-2019 BARRETT The applicant proposes to maintain and expand an outdoor storage area for Barrett vehicles rented and owned. The site and building business includes Hertz Rental and Towaway that has auto sales and service for vehicles. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, outside storage shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Short EAF has been completed by the applicant; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 5-2019 MATTHEW J. BARRETT. Introduced by David Deeb who moved for its adoption. As per the resolution prepared by staff. 1. Part II of the Short EAF has been reviewed and completed by the Planning Board. 2. Part III of the Short EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. 37 (Queensbury Planning Board 03/19/2019) th Motion seconded by Brad Magowan. Duly adopted this 19 day of March, 2019 by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. TRAVER-All right. So are Board members comfortable moving forward on this application after hearing the. MR. JARRETT-Impassioned plea. MR. TRAVER-Yes, the discussion and the understanding. MR. HUNSINGER-What I find interesting is I never would have picked up on some of those points of friction from Chazen’s letter. To me that looked real minor. MR. JARRETT-They acknowledge that the rational method is a reasonable method, but then they said go do the calculations. Go do the more sophisticated calculations. I’m not sure they understood what we were doing. MR. DEEB-I just feel that, you know, I know there are two sides to every story. I think we as a Town have to recognize this too and that maybe some undue burdens are placed on our applicant sometimes, and a little bit of commonsense would go a long way. MR. HUNSINGER-Well said. MRS. MOORE-So before you proceed. We didn’t talk about signage. Can we talk about signage? MR. JARRETT-Yes, good point. Let’s talk about that. Matt may be able to elaborate a little better than I can, well, go ahead, you start. MR. BARRETT-Yes. So when that topic came up, I’m okay with the signage as permitted on the site. The tenant that we have was out of regs and I’ve had communications with Craig Brown about that, and I asked him to notify them that they are out of compliance with their signage. So there are two signs that were permitted on the building. As far as that’s concerned, I don’t want to deviate from that at this time. So if there’s extra signage on the building, it’s, you know, it’s out of compliance as far as I’m concerned, and if we want to expand the signage or review signage I’ll come to this Board and get approval for that at that time. MR. JARRETT-I had to show those street views overhead, but I did pass out a set of the street views for everybody to look at. This is what the site looks like. This is a Google Earth photo. MR. TRAVER-Google street view? MR. JARRETT-Google street view. MRS. MOORE-So I guess if you’re preparing the resolution, there should be a condition about signs being compliant, Code compliant. 38 (Queensbury Planning Board 03/19/2019) MR. TRAVER-Code compliant. Okay. MR. DIXON-Do we also have to mention anything regarding the lighting? I was under the impression that we were going to vote on approval of the lighting, but that would have to come back for, or they would have to present. MR. TRAVER-They’ve modified the lighting. MR. JARRETT-Well you could just acknowledge the lighting and handle the approval any way you wish. We’ve got to come back with details, if Matt wants to do that, with the location of poles, height of poles, fixtures, that kind of thing. It’s really not asking for much in the way of approval now. We’re just disclosing that we want to do some lighting. MR. TRAVER-And that would be Code compliant as well. MR. JARRETT-Right. MR. BARRETT-Yes. MR. TRAVER-Okay. MR. JARRETT-Matt took note of the discussion on the prior application. MR. BARRETT-I got an education on lighting today. MRS. MOORE-Okay. So this would be a waiver for a future light pole. So it makes it a bit difficult, when the applicant does decide 10 years from now, to put a light fixture. MR. TRAVER-We can’t do a waiver on a plan that hasn’t been submitted. MRS. MOORE-Right. So in that point then the applicant would be coming back for a site plan for adding five light poles, and I don’t necessarily think that’s good planning either. I’d rather see the applicant give me. MR. TRAVER-A proposal whether or not it’s ultimately built. MRS. MOORE-Correct. MR. TRAVER-Okay. MRS. MOORE-That would be helpful. MR. TRAVER-Can you do that? MR. BARRETT-So either, A, we can move the light poles out of the drawings. Is that what you’re saying? MRS. MOORE-Right, or he can take them off the plan completely, but I don’t want to preclude you, because otherwise you’d have to come back to the Board. MR. JARRETT-Well let’s decide right now. Are you going to delete the poles from the plans, or do you want to put some details together now that you might use? MR. BARRETT-Just delete the poles from the plan. I don’t know what that’s going to look like and I don’t want to put something in there and not do it for two or three or four years. Let’s do something that’s relevant. 39 (Queensbury Planning Board 03/19/2019) MR. JARRETT-If he decides to do it in a year I didn’t want the Board to say well why didn’t you present the lighting at the time you came in for site plan. MR. TRAVER-Yes. MR. JARRETT-I said let’s get it introduced. MR. TRAVER-Yes. MRS. MOORE-Okay. MR. TRAVER-All right. Thank you for that. MR. DEEB-So we’re not going to consider lighting. MR. TRAVER-Right. The applicant’s removing the light poles. MRS. MOORE-You want to put that in the resolution, the applicant has removed those light poles around the storage area. MR. BARRETT-Yes, when we’re ready for lighting we’ll come with a proper proposal, Code compliant proposal. MR. JARRETT-And just to clarify, the Fire Marshal was at the site today. MR. BARRETT-Yes, Mike signed off on everything. MRS. MOORE-So now you have the approval of you as the tenant in there and Towaway. MR. BARRETT-Yes, that’s all cleaned up. MRS. MOORE-Okay. I hadn’t had a chance to talk to Mike. MR. JARRETT-I think we narrowed it down just to my issues. MR. TRAVER-Okay. All right. MR. JARRETT-Matt’s done his homework. I’ve got my issues. MR. DEEB-Can we just say that lighting has to be removed? MRS. MOORE-I would say storage area. I would be specific. MR. JARRETT-The potential new poles will be deleted. MR. BARRETT-From the storage area. MR. TRAVER-You’re not turning off the lights permanently. MR. JARRETT-You can see from the photos it’s really just soffit lighting on the building right now and then there’s lighting from Dix Avenue and Queensbury Avenue. There’s quite a bit of light on the site. He may not do what he needs to do in the future, but it’s suffice to date. 40 (Queensbury Planning Board 03/19/2019) MR. TRAVER-All right. So we’ve done a public hearing. We even did SEQR. Does anyone have any other final questions or concerns? Okay. I guess we’re ready for a resolution. RESOLUTION APPROVING SP # 5-2019 MATTHEW J. BARRETT 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 maintain and expand an outdoor storage area for Barrett vehicles rented and owned. The site and building business includes Hertz Rental and Towaway that has auto sales and service for vehicles. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, outside storage 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 has reviewed the potential environmental impacts of the project, pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration – Determination of Non-Significance The Planning Board opened a public hearing on the Site plan application on 03/19/2019 and continued the public hearing to 03/19/2019, 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 03/19/2019; 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 SITE PLAN 5-2019 MATTHEW J. BARRETT. Introduced by David Deeb who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: 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 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. 41 (Queensbury Planning Board 03/19/2019) h) All signage to be Code compliant. i) Lighting poles to be removed from the Site Plan (for the storage area). th Motion seconded by Brad Magowan. Duly adopted this 19 day of March, 2019 by the following vote: MRS. MOORE-So the other one is that there needs to be a sign off from the Town Engineer because that’s not in this reso. MR. TRAVER-That’s not in the draft? MRS. MOORE-No, it’s not. MR. DEEB-Okay, and J., engineering sign off is needed for completion of the Site Plan. MR. JARRETT-Laura didn’t think we’d get this far. That’s why. MR. TRAVER-All right. MR. DEEB-It is on there, Laura. MRS. MOORE-Am I not looking at the right one? MR. DEEB-Yes, Item A, If application was referred to engineering, then engineering sign- off required prior to signature of Zoning Administrator of the approved plans; MR. TRAVER-So he’s not only going to have to get it signed off, he’s going to have to get it signed off twice. MR. DEEB-So I amend my resolution to take out Item J. MR. TRAVER-All right. MR. MAGOWAN-I’ll second the amended motion. AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. JARRETT-Thank you all for your patience. MR. BARRETT-Thank you very much. MR. TRAVER-Good luck. MR. TRAVER-And the next item on our agenda, also under New Business, is Marilyn Otto, Site Plan 10-2019. SITE PLAN NO. 10-2019 SEQR TYPE: UNLISTED. MARILYN OTTO. OWNER(S): DOUGLAS MABEY, INC. ZONING: CLI. LOCATION: 94 BIG BOOM ROAD. APPLICANT PROPOSES TO REUSE AN EXISTING 5,600 SQ. FT. BUILDING AT THE EXIT 18 BUSINESS PARK FOR OPERATING AN AUTO ACCESSORIES AND BED LINERS BUSINESS. THE BUILDING FLOOR PLAN INCLUDES A 375 SQ. FT. SHOWROOM, AN 42 (Queensbury Planning Board 03/19/2019) OFFICE AREA AND THREE BAYS FOR AUTO SERVICE. BUILDING IS PART OF EXISTING EXIT EIGHTEEN BUSINESS PARK THAT INCLUDES SELF-STORAGE AND WAREHOUSE BUSINESS OPERATIONS. APPLICANT PROPOSES NO EXTERIOR CHANGES AND NO SITE CHANGES. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, NEW COMMERCIAL USE IN A PRE-EXISTING BUILDING SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 30-2000; (SP 62-89, SB 4-97, SP 23-97). WARREN CO. REFERRAL: N/A. LOT SIZE: .34 ACRE. TAX MAP NO. 309.13-2-16. SECTION: 179-3-040. MARILYN OTTO, PRESENT MR. TRAVER-Laura. MRS. MOORE-Okay. So this applicant proposes to re-use an existing 5,600 square foot building at the Exit 18 Business Park for operating an auto accessory and bed liners business. The information that’s been submitted to you shows the showroom area, an office area, and three bays for auto services, and that’s it. MR. TRAVER-Okay. Thank you. Good evening. MS. OTTO-Good evening. Marilyn Otto, and Joy Elender of Adirondack Off Roader, LLC, my partner. It is a woman owned business. A little bit about our business. We are a LINE- X franchisee. So if you see the spray in bed truck, bed liners, that’s what LINE-X is, but it’s also a protective coating. MR. TRAVER-Undercoat, too? MS. OTTO-No, not undercoating. It is only in the truck beds, but we can do other applications. So we do anything that people want coated with a protective coating. We also do after-market sales and installation. So thinks like tunnel covers, the step bars on your trucks, pretty much a full stop, if someone is driving a truck or trailer that needs accessories put on to it. Our sister company is Capital Tint and Graphics, also d/b/a LINE-X of Albany. We’ve been operating that business for two years. We’ve had the LINE-X franchise there for just a year and our current revenues down there are over a half a million a year. So we are not a small business mom and pop. MR. TRAVER-Is that gross or net? MS. OTTO-That is gross. I’m not telling you my net, and we’re estimating our Queensbury revenue in Year One will be, and this is going to be a 12 month run rate, not necessarily the remainder of 2019, would be somewhere between $275 and $350,000, again gross. We would start with four employees. We may need to grow. It just depends on business and the dealers. We do service a lot of dealers, not only retail. So their customers will come in, buy a truck, they will call us and say, hey, can we schedule a bed liner and they either drop it off to us or we go pick it up. So we have a business going pretty much continually. What we’re proposing to do is to, we have a lease in place for 94 Big Boom Road. As Laura said, it’s a 5600 square foot building that’s been used for storage. So not generating revenue for the County. We’re looking to change that and put our business into it. The owner is Doug Mabey. We would be the lessee, Adirondack Off Road, LLC, and we feel that the business fits with the existing businesses along Big Boom Road. There’s a lot of industrial there, UPS is just up the road from us. There’s a big hotel going in. You have an aerial plan that shows that building. As far as the exterior building, we would have no changes to the building exterior, the site conditions or the exterior lighting. We’re going to take the building as is. The only thing we would do is retrofit the inside of it and as part of that retrofit we will be putting a vent system with an exhaust that would go out the side of the building. So we would have to get that put into the building. There is an existing 43 (Queensbury Planning Board 03/19/2019) well and septic and Doug has said he would test that to make sure that the well is potable as well as the septic system will handle what we do, basically flush toilets and wash our hands. There really is no heavy water usage of our building, and there’s adequate parking around that site for anything that we bring in. We typically do four to five trucks a day if business is going well. So you move them in and out pretty quickly. It’s a two hour spray, you know, they come in. The truck is 80% cured by the time they drive out and it’s 100% within 24 hours. So it’s not like we have to do, it doesn’t take a long time to do this. As far as the interior of the building, it has an office/showroom area that’s about 600 square feet. Within that 600 it has two bathrooms. We’ve already had someone from the Town come out and say that the bathrooms were approved as is. We don’t have to make modifications to them. There is one office in there which will be the area that I work in, a showroom of approximately 375 square feet where we would show our tunnel covers and the other items that we will sell to the public. There’s a storage area and a mechanical closet. So within the larger garage space area, this is where we will do most of the additional construction. We’re going to put a truck bed liner booth, and I have an example in your packet. It’s going to be 16 feet high, 20 feet wide, 40 feet long. So we can pull the trucks in, spray them without any overspray getting into any other part of the building. It has a full venting system in the back of it, with a vent that can move 34,000 cfm’s. It’s a lot, and it’s got special filters in there. I actually had a presentation that would have shown those, but. MR. TRAVER-Sorry about our IT problem. MS. OTTO-That’s okay. So it’s going to be full walls and a ceiling. So it is a completely contained unit in there. We have one in our shop in Albany. So it does not go anywhere else, and in the garage area we’re going to install a two post lift and a four post lift. They won’t be installed originally. We’re going to transition into them. One of them might go in right away but we might wait a little bit for the other one. MR. TRAVER-Now what would you need that for, for side bars and things like that? MS. OTTO-Yes, lift kits, leveling kits. You want to get that vehicle up off the ground. Anything it all. MR. MAGOWAN-I don’t blame you for not wanting to work on the concrete. MS. OTTO-No, and the little slider thing. I don’t do it. I’m way too old. We have people that do that. MR. MAGOWAN-My man garage is going to have one, don’t you worry. MS. OTTO-So anyway I did have pictures of the booth, the configuration and what it looks like, and it literally is a bank of filters. The entire back wall is a bank of filters. We have a drop down 10 mil plastic with a PVC pipe. You cut a hole out of it. The truck backs in, your plastic comes down. It keeps you from having to put plastic all the way around the vehicle which is an environmental concern. MR. TRAVER-Yes. MS. OTTO-We generate enough stuff already so we try to minimize that kind of trash. We’re going to have two dumpsters outside. One is going to be a recycle dumpster for our cardboard and the other is going to be for the trash that cannot be recycled. So basically that is the overview of what we’re doing. We feel that it fits within the site. Our business is not new. In fact when we went to LINE-X a year ago, we asked for this territory as well. They said not until you’ve operated a store for a year. That was their, because it’s a lot to take on, and we have learned a lot in a year. We’ve sophisticated what we’ve done. We’ve already purchased our spray machine. We’re in the process, as soon as we get the approval, 44 (Queensbury Planning Board 03/19/2019) to purchase the manufactured booth. So this is going to come in panels already done. We have to bolt them together. So it’s not like we’re going to cobb it together with plaster board and two by fours. We’re buying almost a $40,000 booth. So we’re putting some investment into this good clean business. So that is my summary. MR. TRAVER-Very good. Well thank you for that. Questions, comments. MS. WHITE-Who provides oversight for that type of booth? Are there inspections or State agency? MS. OTTO-There could be OSHA that comes in. We pretty much function by OSHA standards. We have guidelines that LINE-X requires. Once we set up and we have everything done, one of the requirements of a franchisee is to have their technical person come in, make sure you set up to meet the specs that they need, make sure that the spray machine is running, adequately make sure our venting system is going well. So we do have a technical person that’s been at LINE-X, I don’t know how long Gene’s been there, but he used to be an owner. Now he’s a technical inspector. MR. TRAVER-Good. That makes sense. MR. SHAFER-Do you have to wash the trucks before you do your work? MS. OTTO-No. We do sand them down. So when you get a truck that’s got that nice shiny paint on it, stuff doesn’t stick. So you want to go in there with a DA Sander or a regular sander, you scuff it all down because that’s how the LINE-X adheres to the inside of the bed. MR. SHAFER-So there’s no issue with water runoff? MS. OTTO-No, and if something comes filthy, we go to a car wash and wash it there, and that would be mostly, we will possibly be doing some vinyl detailing, so decals on trucks, we have a six foot printer down at the Albany shop, laminator/printer. We do full car wraps. You may have seen my pink truck roaming around the area just once. It’s a full color change wrap. So if we have a truck that comes that they want decaled and it’s dirty, we’re going to take it out to the car wash, wash it, bring it back in so that the vinyl sticks adequately. MR. TRAVER-Do you do the magnetic signs as well? MS. OTTO-We do. MR. TRAVER-Good to know. I might have some business for you. MS. OTTO-Great. I’ll give you a card. I’m always selling. MR. MAGOWAN-You’ll be using the entrance for maybe storage? MS. OTTO-Yes. MR. MAGOWAN-And the other question I have is you just have a star with a well and then the septic on the side. I’m not seeing the 100 foot separation if the building’s 82 foot long. MS. OTTO-I know. BOB SEARS 45 (Queensbury Planning Board 03/19/2019) MR. SEARS-This is the documentation that was done when the site plan was originally done. That’s the information they had. It says that the well and the septic system would be 100 feet apart per Code and that basically that sums it up. MRS. MOORE-Okay. Bob, can you just put your name on the record so we know who spoke. MR. SEARS-My name’s Bob Sears. I’m a broker and I’m here. MR. TRAVER-Thank you. MR. DIXON-Laura, they are on Town water there, as well? MRS. MOORE-So that’s the question that Douglas Mabey needs to come up with, whether, this particular building sounds like it’s serviced by the well and the septic. DOUGLAS MABEY MR. MABEY-It is still on the well. The front buildings are service by the Town currently. MRS. MOORE-Okay. MR. MAGOWAN-Interesting. Well, if you’re going to drink the water, I’m sorry but it does say 100 foot minimum, but that well’s in the far corner. If you look at it, and I’m not questioning it. I’m just looking out for your safety. I wouldn’t drink the water but you can wash your hands in it, but don’t rub your eye afterwards. MS. OTTO-I’ll bring down bottled water for the coffee machine. MR. MAGOWAN-But I would definitely get it tested just so you know. I mean, but to be honest with you, if there are any issues with it, a UV light system, they’re inexpensive to install. MR. SEARS-We’ll get something from somebody saying that the well was tested or engineered, the well was tested and the water is potable. MR. MAGOWAN-I’m not worried about it. MR. SEARS-There was a new pump, new grinder for the well, everything else. MR. TRAVER-Laura, am I correct in interpreting the new SEQR regs that this goes from Unlisted to Type II? MRS. MOORE-Correct. This is a Type II. MR. TRAVER-Okay. All right, and we have a public hearing on this application. I don’t see anybody in the audience that wants to address the Planning Board. Are there any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-No, there are no written comments. MR. TRAVER-Okay. Then we will close the public hearing. PUBLIC HEARING CLOSED 46 (Queensbury Planning Board 03/19/2019) MR. TRAVER-As discussed we have no SEQR action to be taken. Are there any more questions for the applicant or comments by members of the Board before we move to a resolution? Okay. I guess we’re ready to go. RESOLUTION APPROVING SP # 10-2019 MARILYN OTTO 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 reuse an existing 5,600 sq. ft. building at the Exit 18 business park for operating an auto accessories and bed liners business. The building floor plan includes a 375 sq. ft. showroom, an office area and three bays for auto services. Building is part of existing eighteen business park that includes self-storage and warehouse business operations. Applicant proposes no exterior changes and no site changes. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, new commercial use in a pre-existing building 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 30/19/2019 and continued the public hearing to 03/19/2019, 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 03/19/2019; 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 10-2019 MARILYN OTTO. Introduced by David Deeb who moved for its adoption. Per the draft provided by staff conditioned upon the following conditions: 1) No waivers were requested. 2) Adherence to the items outlined in the follow-up letter sent with this resolution th Motion seconded by Jaime White. Duly adopted this 19 day of March, 2019 by the following vote: AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Ms. White, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. TRAVER-You’re all set. MS. OTTO-Thank you. 47 (Queensbury Planning Board 03/19/2019) MR. MAGOWAN-Thanks for a wonderful presentation. The energy was felt. MR. TRAVER-Is there any other business before the Board this evening? If not, I will entertain a motion to adjourn. MR. SHAFER-So moved. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF MARCH h 19, 2019, Introduced by John Shafer who moved for its adoption, seconded by David Deeb: th Duly adopted this 19 day of March, 2019, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Traver NOES: NONE ABSENT: Mr. Valentine MR. TRAVER-We stand adjourned. Thank you everyone. See you next week. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver, Chairman 48