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04-30-2019 (Queensbury Planning Board 04/30/2019) QUEENSBURY PLANNING BOARD MEETING THIRD REGULAR MEETING APRIL 30, 2019 INDEX Site Plan No. 22-2019 Robert Spath 1. Tax Map No. 240.5-1-10 Subdivision No. 13-2018 Clear Brook, LLC 3. PRELIMINARY STAGE Tax Map No. 316.14-1-6 Freshwater Wetlands 6-2018 Site Plan No. 19-2019 Columbia Development 10. Tax Map No. 309.14-1-5 Site Plan No. 17-2019 Bernardo DeJesus 16. Tax Map No. 227.17-1-56 Site Plan No. 18-2019 AREC 10, LLC/UHAUL 18. Tax Map No. 309.14-1-81 Site Plan No. 15-2019 Kevin Quinn/Northeast Realty Dev. 22. Tax Map No. 277.4-1-4 Site Plan No. 27-2019 Faden Enterprises, Inc. 29. Tax Map No. 296.17-1-49 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 04/30/2019) QUEENSBURY PLANNING BOARD MEETING THIRD REGULAR MEETING APRIL 30, 2019 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, CHAIRMAN CHRIS HUNSINGER, VICE CHAIRMAN DAVID DEEB, SECRETARY JOHN SHAFER JAMIE WHITE BRAD MAGOWAN MICHAEL DIXON, ALTERNATE STEVEN JACKOSKI, ALTERNATE (SAT IN FOR M. DIXON ON COLUMBIA DEV.) LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. TRAVER-Good evening, ladies and gentlemen. Welcome to the Town of Queensbury th Planning Board meeting for Tuesday, April 30, 2019. This is actually our third meeting for the month of April and the ninth meeting for 2019. There are a number of projects that have public hearings this evening. At the back of the room there should be some agendas if you would like one for our meeting tonight, and there’s also information about how we conduct public hearings. We have one modification to our prior schedule due to a complication with a previous applicant and one tabled item that we will do first and that is Robert Spath, Site Plan 22-2019. TABLED ITEM: SITE PLAN NO. 22-2019 SEQR TYPE: TYPE II. ROBERT SPATH. OWNER(S): SAME AS APPLICANT. ZONING: .22 ACRE. LOCATION: CORNER WALKUP RD. & MOON HILL RD. APPLICANT PROPOSES TWO RESIDENTIAL ADDITIONS TO EITHER SIDE OF AN EXISTING HOME. ADDITION ONE ON THE SHORELINE SIDE IS TO RAISE THE EXISTING ROOF OF THE 240 SQ. FT. AREA, STILL TO REMAIN ONE STORY OPEN CEILING. THE SECOND ADDITION ON THE ROAD SIDE IS TO REMOVE 98 SQ. FT. AND REBUILD SAME LIVING AREA. PROJECT INCLUDES NEW 33 SQ. FT. ENTRY WITH COVER ON NORTH SIDE AND A 32 SQ. FT. AWNING ROOF ON THE SHORELINE SIDE OF THE HOME. PURSUANT TO CHAPTER 19-13-010 OF THE ZONING ORDINANCE, EXPANSION OF A NONCONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 57-2008 DORMER; 2006-599 ALT., 2007-232 DOCK & BOATHOUSE REPAIRS, 2011-042 DOCK REPAIRS. WARREN CO. REFERRAL: APRIL 2019. LOT SIZE: .22 ACRE. TAX MAP NO. 240.5-1-10. SECTION: 179-13-010. ROBERT SPATH, PRESENT MR. TRAVER-Laura? MRS. MOORE-Okay. So this applicant proposes two residential additions as discussed previously during the recommendation phase. Addition One on the shoreline side is to raise the existing roof of the 240 square foot area, still to remain one story open ceiling. The second addition’s on the road side. It’s approximately 98 square feet and re-build the same living area in kind. The project also includes a new a new 33 square foot entry with cover on north side and then a 32 square foot awning roof on the shoreline side. The applicant 2 (Queensbury Planning Board 04/30/2019) th was granted variances for these on April 17. This included setbacks for the awning and setbacks for the addition. MR. TRAVER-Okay. Thank you. Welcome back. MR. SPATH-Thank you. MR. TRAVER-So you received a recommendation with our initial review on the variance and it went to the ZBA and received approval for your variance. Correct? MR. SPATH-Correct. MR. TRAVER-Were there any changes to your project as a result of your conversation with the ZBA? MR. SPATH-No. MR. TRAVER-No. Questions, comments from members of the Planning Board? We do have a public hearing on this application. Is there anyone in the audience that wanted to discuss this application with the Planning Board? I’m not seeing any takers. Are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-No written comments. MR. TRAVER-Okay. Then we’ll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-If there are no questions or comments by members of the Planning Board we can go ahead, this is a SEQR Type II so no action under SEQR is required and we can entertain a motion. RESOLUTION APPROVING SP # 22-2019 ROBERT SPATH The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: The applicant has submitted an application for the following: Applicant proposes two residential additions to either side of an existing home. Addition one on the shoreline side is to raise the existing roof of the 240 sq. ft. area, still to remain one story open ceiling. The second addition on the road side is to remove 98 sq. ft. and rebuild same living area. Project includes new 33 sq. ft. entry with cover on North side and a 32 sq. ft. awning roof on the shoreline side of home. Pursuant to Chapter 179-13-010 of the Zoning Ordinance, expansion of a nonconforming structure 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 04/23/2019 and continued the public hearing to 04/30/2019, when it was closed, 3 (Queensbury Planning Board 04/30/2019) 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 04/30/2019; 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 22-2019 ROBERT SPATH. 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. th Motion seconded by Brad Magowan. Duly adopted this 30 day of April, 2019 by the following vote: MR. TRAVER-Are there any comments on the resolution? MS. WHITE-Just that I appreciate that, because of the small lot, you kept the changes and improvements very minimal and I would just say that that’s much appreciated in this area. AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Traver NOES: NONE MR. TRAVER-You are all set. MR. SPATH-Thank you very much. MR. TRAVER-So before we continue with our agenda I’m reminded that I neglected to mention a couple of items to the audience. One is if you have an electronic device if you would either turn it off or turn your ringer off so it doesn’t interrupt our meeting, and the other is if you would take note of the exit signs that are illuminated in the room. If we have an emergency, that is your way out. So now we can begin with our originally scheduled agenda for this evening. Under Old Business, the first application is Clear Brook, LLC, Subdivision Preliminary Stage 13-2018 and Freshwater Wetlands Permit 6-2018. OLD BUSINESS: SUBDIVISION PRELIMINARY STAGE 13-2018 FRESHWATER WETLANDS PERMIT 6- 2018 SEQR TYPE: UNLISTED. CLEAR BROOK, LLC. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): EXCESS LAND, LLC. ZONING: WR. LOCATION: BIG BOOM ROAD. APPLICANT PROPOSES REVISIONS TO HAVE A 12 LOT RESIDENTIAL SUBDIVISION (PREVIOUS SUBDIVISION WAS 14 LOTS) OF A 145.30 ACRE PARCEL. PROJECT IS WITHIN I-87 OVERLAY ZONE. PROJECT INCLUDES ASSOCIATED SITE WORK FOR LOT CLEARING, INSTALLATION OF SEPTIC, CONNECTION TO MUNICIPAL WATER AND CONSTRUCTION OF A SINGLE FAMILY HOME. PURSUANT TO CHAPTER 183 AND CHAPTER 94 OF THE ZONING ORDINANCE, SUBDIVISION OF LAND AND WORK WITHIN 100 FT. OF A WETLAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL CROSS REFERENCE: SUB SKETCH PLAN 4-2018; AV 54-2018. WARREN CO. REFERRAL: N/A. SITE INFORMATION: I-87 OVERLAY ZONE, 4 (Queensbury Planning Board 04/30/2019) WETLANDS. LOT SIZE: 145.3 ACRES. TAX MAP NO. 316.14-1-6. SECTION: CHAPTER 183, CHAPTER 94. TOM HUTCHINS & DAVID LIPINSKI, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-Okay. So this project has been through some revisions. We are now looking th at a 12 lot residential subdivision with one remaining lot which will be the 13 lot to remain vacant. There has been discussion with the Water and Wastewater Department and they’ve come to an agreement that this lot is to remain vacant at this time it’s not subject to the review of the Water Superintendent. MR. TRAVER-Okay. Well that clarifies things. Thank you. Welcome back. It looks like you’ve gotten some resolution to a number of the concerns we raised earlier. MR. HUTCHINS-Well we hope so, yes. After considerable thought and analysis we have revised the subdivision to 12 new building lots entirely within the Queensbury water district and we’re hoping that resolves a lot of the concerns that came up as far as the lower area. It’s down in this area that’s going to be vacant for the time being without any plans. We’re considering a number of things but it’s nothing concrete at this point. We want to do something that works for the applicant and something that works for the Town, and it may take some time to come to that. To re-cant a little bit, we’ve been through a fair number of regulatory steps here. We’ve been on site with the Army Corps of Engineers. We’ve had our wetland biologist and the Corps together and they’ve gone over our delineation, their delineation. They’ve been through our design and they’ve issued a letter that it’s non- jurisdictional as designed for the Corps of Engineers. We’ve been on site with DEC wetlands folks and they have, this was just after snow melt actually. They’ve clarified one of the DEC wetland boundaries and we are wrapping up that process with them with the intention that it’s non-jurisdictional with DEC. We don’t have that in writing just yet but we’re very close on that. We had an archeological consultant on site who did an extensive review and there’s a little area right there. There’s a little area right there, and a little area right there that contain archeologically sensitive findings, and the applicants have agreed to avoid those areas and that’ll be a deeded restriction in those areas, not that it can’t be used, but it can’t be disturbed. MR. TRAVER-Yes. I remember when you mentioned that before that was interesting to me because some of the materials found clearly indicated that there had been trade going on with early Americans I guess. There was somebody from clearly way out of the area because there was some stone materials for tool making that aren’t found in this area. That’s kind of interesting. I guess it makes sense on the Hudson River, but still it was kind of neat. MR. LIPINSKI-They call it pre-contact. MR. TRAVER-Okay. MR. LIPINSKI-Is what they say, before they contacted the Europeans, the European Americans. MR. HUTCHINS-And we’ve done house sitings on each lot. Again we have two sets of two lots that utilize a shared driveway. Most, all of the building sites are a considerable distance from Big Boom Road. I don’t know if you had a chance to go over. Every building site is staked. There’s a stake at the center of every building site. Every driveway cut is staked, and they’re all a considerable distance from Big Boom Road, and some of them are quite a large distance from Big Boom Road. We’ve done wastewater designs. We’ve done stormwater design. I have recently corresponded back to your engineer with regard to 5 (Queensbury Planning Board 04/30/2019) some of their comments and I presume their review is in process. I haven’t heard back from them. So with that, I guess we’d turn it over to the Board for comments, questions. MR. TRAVER-Tonight you’re here for just Preliminary. Correct? MR. HUTCHINS-We have submitted Preliminary Subdivision application. Yes. MR. TRAVER-Questions, comments from members of the Board? I know we have discussed this project. We have walked the property. We’re aware of some of the issues that seem to have been resolved by the modifications that they’ve made. th MR. HUNSINGER-So I’m just a bit confused by the 13 lot. So if we’re approving a subdivision. MRS. MOORE-There’s 13 lots. Correct. MR. HUNSINGER-We’re approving that as a separate lot which implies that it’s buildable. MRS. MOORE-The applicant has indicated it’s to remain vacant. If the applicant chooses to not have that as vacant property, then they are subject to the review process with the Water Superintendent and if the Board wishes to have Site Plan Review on that lot if it were ever to be developed I would add that as a condition. MR. HUNSINGER-So, again, I’m looking for clarification. So in theory if we approved a th subdivision as presented, that 13 lot, the only approval they would require, unless we stipulate a condition, would be from the Water Department. MRS. MOORE-They could not develop that without your approval. I mean right now it’s considered vacant. MR. HUNSINGER-Right. Okay. MRS. MOORE-But to make it I guess a stronger comment would be to add that as part of your resolution as a condition. MR. TRAVER-Site Plan Review? MRS. MOORE-Yes. MR. LIPINSKI-So then if we want to make it buildable we have to come back to the Planning Board. MR. TRAVER-Pretty much anything that you want to do to it other than you’re saying tonight. MR. LIPINSKI-Yes, so that’s what we’re saying. MR. TRAVER-Come back for review. MS. WHITE-That would change it from vacant status. MR. LIPINSKI-To buildable status. MR. HUNSINGER-Well I guess my question is more theoretical, though. I mean can we approve a separate lot that’s not buildable? 6 (Queensbury Planning Board 04/30/2019) MRS. MOORE-You’re not saying it’s not buildable. You’re saying it’s to remain vacant as requested by the applicant. MR. HUNSINGER-Okay. MR. TRAVER-Yes. We’re approving what’s being applied for. MR. HUNSINGER-Okay. MR. TRAVER-But I understand. MR. HUNSINGER-I mean if you create a lot the implication is that that’s a buildable lot. MR. TRAVER-The closest thing I can remember to that is there’ve been times when we’ve approved subdivisions where we’ve said no further subdivision. MR. HUNSINGER-Yes, but we’re not saying that. MR. HUTCHINS-There’s a number of subdivisions in the Town that have leftover lots. MR. HUNSINGER-Yes. MR. TRAVER-Right. MR. HUTCHINS-We’re not intending on building on it, and usually it’s a little funny shaped triangle on a corner somewhere that becomes a problem someday. If you think about this piece and you really put your thinking caps on, there’s a whole lot of potential vision somebody could have for that. Maybe they could explore it a little bit more. MR. HUNSINGER-And I understand what you’re doing. You’re saying hey, it’s going to take time to sort that out. We want to move forward with the rest of the project, and I don’t have a problem with that. I’m just, again, to me the implication is it’s buildable, but if we put in the resolution that it shall remain vacant. MR. LIPINSKI-That is succinctly what we’re doing. MR. HUNSINGER-Okay. MR. TRAVER-There is a public hearing on this application. Is there anyone that wanted to address the Planning Board tonight on this application? I’m not seeing any hands. PUBLIC HEARING OPENED MR. SHAFER-I have a question. Tom, I saw test pit data for the plans. You mentioned the wastewater designs had been done, that implies perc test data as well. MR. HUTCHINS-I have some perc test data. I don’t have all the perc test data. MR. SHAFER-That’ll be done later? MR. HUTCHINS-That’ll be done, yes. MR. TRAVER-They’ll be back for Final. 7 (Queensbury Planning Board 04/30/2019) MR. HUNSINGER-I actually had a follow up question to that, too. As you look at the soils data, it’s kind of all over the place. Some you found no mottling at all. Others you found, you know, groundwater at 36 inches I think was one. MR. TRAVER-Well it’s all moraine. MR. HUTCHINS-I can explain that relatively clearly. Right about here on this property there’s a little drop off in slope, four to five feet, and it goes right across there, and, well you can see up here everything is very high and dry, deep, well drained sands. MR. HUNSINGER-Okay. MR. HUTCHINS-As the soils maps read for the whole parcel, there’s a distinct change right here. MR. HUNSINGER-Okay. MR. HUTCHINS-So out here you’re going to find shallower water tables, and again it’s right, well it actually goes right across there. So that’s the big difference, and the test pits aren’t sequential, in other words, they’re by lot number. So where you see groundwater table is further east. MR. HUNSINGER-Thank you. MR. TRAVER-No written comments, right, Laura? MRS. MOORE-No written comments. MR. TRAVER-All right. We’ll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-This is an Unlisted action under SEQR. So we do need to conduct a SEQR review. Do any Board members, based on the application thus far, have any environmental concerns that we need to recognize under SEQR? Hearing none, I guess we’re ready for a motion. RESOLUTION GRANTING A NEGATIVE SEQR DEC SUB # 13-2018 CLEAR BROOK The applicant proposes revisions to have a 12 lot residential subdivision (previous subdivision was 14 lots) of a 145.30 acre parcel. Project is within I-87 overlay zone. Project includes associated site work for lot clearing, installation of septic, connection to municipal water and construction of a single family home. Pursuant to Chapter 183 and Chapter 94 of the Zoning Ordinance, subdivision of land and work within 100 ft. of a wetland shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Long EAF has been completed by the applicant; 8 (Queensbury Planning Board 04/30/2019) 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 SUBDIVISION PRELIMINARY STAGE 13-2018 & FRESHWATER WETLANDS PERMIT 6-2018 CLEAR BROOK, LLC. Introduced by David Deeb who moved for its adoption. As per the resolution prepared by staff. 1. Part II of the Long EAF has been reviewed and completed by the Planning Board. 2. Part III of the Long EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. th Motion seconded by John Shafer. Duly adopted this 30 day of April, 2019 by the following vote: AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-Next we have a resolution for the Preliminary Stage and Freshwater Wetlands Permit. Are folks ready to entertain that motion? MR. SHAFER-At one time we discussed the Northway zoning line. Has that all been resolved? MR. HUTCHINS-Yes. What that was is. MR. TRAVER-They got a variance. MR. SHAFER-You did get a variance? MR. LIPINSKI-Yes. MR. HUTCHINS-We got a variance for that. MR. SHAFER-I didn’t see it on the drawings. MR. TRAVER-Any other questions before we entertain the resolution? I think we did have one condition. MR. DEEB-Do you want to do it now or do you want to do it at Final Stage? MR. TRAVER-We’re approving Preliminary and Freshwater Wetlands. We need to put it in the motion. Correct, Laura? MRS. MOORE-I would put it here. MR. HUNSINGER-You would put it here? MRS. MOORE-I don’t see why you wouldn’t. 9 (Queensbury Planning Board 04/30/2019) MR. TRAVER-I mean normally all these issues are in Preliminary. Correct? Yes. RESOLUTION APPROVING SUB # 13-2018 PRELIM. STG. FWW 6-2018 CLEAR BROOK A subdivision application has been made to the Queensbury Planning Board for the following: Applicant proposes revisions to have a 12 lot residential subdivision (previous subdivision was 14 lots) of a 145.30 acre parcel. Project is within I-87 overlay zone. Project includes associated site work for lot clearing, installation of septic, connection to municipal water and construction of a single family home. Pursuant to Chapter 183 and Chapter 94 of the Zoning Ordinance, subdivision of land and work within 100 ft. of a wetland shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-183, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration A public hearing was scheduled and held on 08/28/2018, 10/16/2018, 01/15/2019, 2/19/2019, 3/26/2019, 4/16/2019 & 4/30/2019; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SUBDIVISION PRELIMINARY STAGE 13-2018 & FRESHWATER WETLANDS PERMIT 6-2018 CLEAR BROOK, LLC. Introduced by David Deeb who moved for its adoption. With the condition that Lot 13 remain vacant but subject to Site Plan Review with any development. th Motion seconded by Brad Magowan. Duly adopted this 30 day of April, 2019 by the following vote: MR. DEEB-One, Lot 13 subject to Site Plan Review for future buildout plans. MS. WHITE-I thought we were saying any change other than the vacant status? MR. TRAVER-Yes, any change at all. MR. DEEB-Okay. I’ll amend that. Lot 13 shall be subject to Site Plan Review with any changes. MR. LIPINSKI-Can I ask clarification on that? Any changes? MRS. MOORE-So I’m guessing maybe it would be cleaner if you just said remain vacant. Any future development would be subject to Site Plan Review. MR. DEEB-Okay. Then I will amend that. MR. LIPINSKI-One of the reasons was thinking of making a field in there, like a five acre field. MR. TRAVER-Sure. I understand it may not remain vacant forever. Yes. 10 (Queensbury Planning Board 04/30/2019) MR. LIPINSKI-But to make a field in there you can do that. Can’t you? MRS. MOORE-No. So if you were to do any sort of development on it, moving earth is considered development. MR. LIPINSKI-Okay. That’s why I wanted clarification. MRS. MOORE-Yes. MR. DIXON-So greater than one acre of clearing? MRS. MOORE-That’s a different requirement. If you did more than one acre it would be subject to stormwater, but we still have a provision in our Zoning Ordinance that starts with any development, any moving of earth could be reviewable by this Board. MR. TRAVER-Right. Perfect. MR. DEEB-All right. I’m going to read it over again. Motion to Approve Subdivision Preliminary Stage 13-2018 and Freshwater Wetlands Permit 6-2018, Clear Brook, LLC. One, Lot 13 to remain vacant but subject to Site Plan Review with any changes. Does that work? MRS. MOORE-I would use the word development. MR. DEEB-We’re going to be here all night. MRS. MOORE-No, just change the word changes to development. MR. DEEB-Okay. To remain vacant but subject to Site Plan Review with any development. MR. MAGOWAN-I’ll second it. MRS. MOORE-I would add there’s one more addition. A public hearing was scheduled for 4/16 and also for this evening. So 4/30/19 should be added to this resolution. That was just a clarification. It’s not on this resolution at this time. MR. DEEB-So do you want me to add it? MRS. MOORE-You don’t need to add it. I’m just letting you know. MR. DEEB-Gotcha. AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Ms. White, Mr. Traver NOES: NONE MR. HUTCHINS-Thank you. MR. TRAVER-All right. Next on our agenda is Columbia Development, this is also under Old Business. Site Plan No. 19-2019. SITE PLAN NO. 19-2019 SEQR TYPE: UNLISTED. COLUMBIA DEVELOPMENT. AGENT(S): GAVIN VUILLAUME. EDP. OWNER(S): SARATOGA HOSPITAL. ZONING: CI-18. LOCATION: 124 MAIN STREET. APPLICANT PROPOSES TO DEVELOP A 1.04 ACRE PARCEL AND 0.106 ROW AREA BY DEMOLISHING THE EXISTING RESTAURANT 11 (Queensbury Planning Board 04/30/2019) TO CONSTRUCT A TWO STORY 17,700 SQ. FT. (FAR) MEDICAL OFFICE BUILDING AND ASSOCIATED SITE WORK. THE NEW BUILDING IS 8,800 SQ. FT. (FOOTPRINT) WITH THE MAIN ENTRANCE ON BIG BOOM ROAD AND ASSOCIATED PARKING. PURSUANT TO CHAPTER 179-3-040 AND 179-7-050 OF THE ZONING ORDINANCE NEW COMMERCIAL CONSTRUCTION SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 11-1990, SP 18-1990; DISC 4-2018 SEVERAL BP’S. WARREN CO. REFERRAL: APRIL 2019. LOT SIZE: 1.14 ACRES. TAX MAP NO. 309.14-1-5 & T/O ROW. SECTION: 179-3-040, 179-7-050. GAVIN VUILLAUME, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-So this applicant proposes to develop a 1.04 acre parcel and a 1.06 right of way area by demolishing the existing restaurant to construct a two story medical office building and associated site work. So at the variance meeting, Zoning Board meeting, rather, they were granted their setback variances and I believe some permeability, and then they were not granted their Sign Variance at that time. So they’re going back for their Sign Variance. So as far as this Board in the review of signs, they’re granted two signs. You can talk about, he has some visual drawings as a representation of the sign, but ultimately the Sign Variance hasn’t been granted yet. MR. TRAVER-So at this point it would just be a conditioned on Code compliance. Correct? Okay. All right. Thank you. MR. DIXON-Mr. Chairman, I’m going to excuse myself. Actually I’ll recuse but Steve is here to sit in for me. MR. TRAVER-Okay. Understood. Mr. Jackoski will sit in. Thank you, Steven. Good evening. Welcome back. MR. VUILLAUME-Yes. Gavin Vuillaume with Environmental Design. Kevin Ronayne from Saratoga Hospital. Glad to be back. Yes, we were very successful with our variances. That went very well. We’re very happy that we received them. If you remember we really just needed the Area Variances for the building. There were two front yard setbacks that were necessary along with the green space or permeability variance. So we received those, and there are therefore no changes to the Site Plan. Again, with the signage, we’re willing to speak to the Board and give you more information on the signage. At the meeting there was some conversations about other projects that recently received variances similar to ours. So they really weren’t ready to vote on the variances, but I think they were, you know, in agreement that some variances could be granted. So we can talk about that. MR. TRAVER-But in regards to signs, we generally require signs to be Code compliant, and if you submit a new design that would require a variance then we would address that. MR. VUILLAUME-Okay. So, yes, if you want to approve it or keep us in mind as far as Code compliant for now. I think especially the monument sign. After looking at some other signs in Town, I believe Saratoga Hospital’s pretty comfortable with the 45 square feet I think it is. MR. TRAVER-Yes. I mean what we would do at this stage is we would add a condition to any theoretical approval that would indicate that any sign is subject to the Sign Code and you need a Sign Permit. So you would discuss that with Town Staff and they would handle that for you. 12 (Queensbury Planning Board 04/30/2019) MR. VUILLAUME-Great. Perfect. So I guess that’s really pretty much everything up to date. Right before our last meeting we did receive a letter from Chazen regarding the stormwater review that they typically do. We have successfully, I think, addressed all their comments. They have another letter that they just generated today. I believe Laura has a copy of that. MRS. MOORE-I have a copy and I gave a copy to the Board. MR. VUILLAUME-Yes, and those are just more housekeeping items. We’re very comfortable with those, being able to address those comments. MR. TRAVER-Okay. Can you talk about, there were some Staff comments about the two additional lights that you talked about and the landscaping in the Town right of way. MR. VUILLAUME-So if we want to go to the lighting plan, Laura, or the landscape plan probably would be the best. So we have two street lights here that are along the sidewalk. Again we had thought that that was something that the Town might want to have, being that we’re continuing the sidewalk around this intersection. If the Town doesn’t want those lights there, certainly we would take them out. It’s really up to you folks. MRS. MOORE-I can explain. I can clarify it a little bit. So on Main Street the Town lighting is handled by our Building and Grounds Department. MR. TRAVER-Right. MRS. MOORE-I did have a chat with the individual that reviews those or handles maintenance for that. He would rather avoid that, adding two additional lights, but that’s his opinion. MR. TRAVER-Sure. Okay. MRS. MOORE-So however the Board feels, if that’s necessary to add consistency on Main Street then they’d be subject to maintaining that. So it’s definitely open for discussion, and I don’t know if the Board feels strongly about it. MR. TRAVER-Well, I think you made the point for us that Building and Grounds handles that and they’re not recommending it at this time. So if they’re responsible for that, then I would rather this Board not get involved. MR. DEEB-Well what if they were responsible for the light, instead of the Town? MRS. MOORE-That would be up to the applicant. Typically they don’t handle stuff in the right of way of someone else’s property. MR. VUILLAUME-Yes, that might get a little messy. I would say just stay away from it for now. If some day you decide you want to put the lights up, we can put them up later. MR. TRAVER-Exactly. Yes. That was my thought. They may come back and say I know that we discouraged you from doing it, now we really want them. MR. VUILLAUME-No problem. MR. TRAVER-And then what about the landscaping? 13 (Queensbury Planning Board 04/30/2019) MR. VUILLAUME-Yes. So with the landscaping, the Big Boom right of way you can see it takes a very drastic bend along that curve, and we just had this one tree that was in the right of way. We’ve taken that out. MR. TRAVER-Okay. MR. VUILLAUME-It’s now no longer being proposed. MR. TRAVER-Okay. Questions from members of the Planning Board? MR. HUNSINGER-The color renderings, do they fairly accurately depict the color scheme? MR. VUILLAUME-With the building? Yes. I believe those are pretty far along now. I think that everything we’re representing on there will be very close to that. MR. TRAVER-We do have a public hearing on this application. Is there anyone in the audience that wanted to address the Planning Board on this application? I’m not seeing any takers. Laura, no written comments? PUBLIC HEARING OPENED MRS. MOORE-There’s no written comments. MR. TRAVER-Okay. In that case we will close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-This is an Unlisted Action under SEQR. So we do have a SEQR resolution that needs to be considered. Does anyone have any environmental impacts that they are concerned about that we should be considering beyond what we’ve already considered? No? Okay. I guess we’re ready for that motion. RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP # 19-2019 COLUMBIA DEV. The applicant proposes to develop a 1.04 acre parcel and 0.106 ROW area by demolishing the existing restaurant to construct a two story 17,700 sq. ft. (FAR) medical office building and associated site work. The new building is 8,800 sq. ft. (footprint) with the main entrance on Big Boom Road and associated parking. Pursuant to Chapter 179-3-040 & 179-7-050 of the Zoning Ordinance, new commercial 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. 14 (Queensbury Planning Board 04/30/2019) MOTION TO GRANT NEGATIVE DECLARATION FOR SITE PLAN 19-2019 COLUMBIA DEVELOPMENT. 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 has been reviewed is not necessary because the Planning Board did not identify potentially moderate to large impacts. th Motion seconded by Jamie White. Duly adopted this 30 day of April, 2019 by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Traver NOES: NONE MR. TRAVER-All right. Is the Board comfortable moving on to the Site Plan resolution? Okay. RESOLUTION APPROVING SP # 19-2019 COLUMBIA DEVELOPMENT The applicant has submitted an application to the Planning Board: The applicant proposes to develop a 1.04 acre parcel and 0.106 ROW area by demolishing the existing restaurant to construct a two story 17,700 sq. ft. (FAR) medical office building and associated site work. The new building is 8,800 sq. ft. (footprint) with the main entrance on Big Boom Road and associated parking. Pursuant to Chapter 179-3-040 & 179-7-050 of the Zoning Ordinance, new commercial 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 04/30/2019 and continued the public hearing to 04/30/2019, 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 04/30/2019; 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 19-2019 COLUMBIA DEVELOPMENT. Introduced by David Deeb who moved for its adoption. According to the draft resolution prepared by Staff with the following: 15 (Queensbury Planning Board 04/30/2019) 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) All signage to be Code compliant. m) The two lights in the Town right of way and the tree to be removed from the plan. Motion seconded by Jamie White. Duly adopted this 30th day of April, 2019 by the following vote: MS. WHITE-The two lights and the tree. MR. DEEB-Okay. The two lights in the Town right of way and the tree. MR. VUILLAUME-One tree. MR. DEEB-In the same right of way to be removed from the site. AYES: Mr. Hunsinger, Mr. Magowan, Mr. Jackoski, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Traver 16 (Queensbury Planning Board 04/30/2019) NOES: NONE MR. TRAVER-Okay. You’re all set. MR. VUILLAUME-Thank you very much. MR. RONAYNE-Thank you very much. MR. TRAVER-The next area of our agenda is under New Business and the first item under New Business is Bernardo DeJesus, Site Plan 17-2019. NEW BUSINESS: SITE PLAN NO. 17-2019 SEQR TYPE: TYPE II. BERNARDO DE JESUS. AGENT(S): DENNIS MAC ELROY. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 135 SEELYE ROAD. APPLICANT PROPOSES TO REMOVE AN EXISTING SHORE AREA PATIO TO INSTALL A 350 SQ. FT. PERMEABLE PATIO WITH RETAINING WALLS. PROJECT INCLUDES PLANTINGS, RAIN GARDENS, AND VEGETATIVE SHORELINE. PURSUANT TO CHAPTER 179-6-050 OF THE ZONING ORDINANCE HARD SURFACING WITHIN 50 FT. OF SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 19-2014 GABLE ROOF, AV 21-2014, P2014-412 DOCK, 2013-581 RES. ALT., DEMO 124-2018, PC 125-2018 SF RES. WARREN CO. REFERRAL: APRIL 2019. SITE INFORMATION: LAKE GEORGE, APA. LOT SIZE: .50 ACRE. TAX MAP NO. 227.17-1-56. SECTION: 179-6-050. DENNIS MAC ELROY, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-Okay. So this applicant proposes to remove an existing shoreline area patio and then to install a 350 square foot permeable patio with retaining walls and re-location of a fire pit within the area of the permeable patio, and this is considered hard surfacing within 50 feet of the shoreline subject to Site Plan Review. The Planning Board was previously before this Board in reference to construction of the house, which also included an extensive landscaping plan. However, as they moved along they got into the extensive landscaping plan and wanted to do the hard surfacing for the patio so they’re back in for Site Plan Review. MR. TRAVER-Okay. Thank you. Good evening. MR. MAC ELROY-Good evening. I’m Dennis MacElroy with Environmental Design representing the applicant and owner Bernardo DeJesus for this Site Plan application and I was confused with something Laura said. This was before the Board? MRS. MOORE-Maybe not. It may not have been. MR. MAC ELROY-I don’t think it was. MR. TRAVER-I thought this was part of a, sort of an almost like a modification in a way. It’s part of a bigger plan for development. MR. MAC ELROY-I wasn’t involved at that point with the project, but my understanding was that it met all setbacks and heights and floor area ratios and it was simply a building permit application. MRS. MOORE-It could have been. 17 (Queensbury Planning Board 04/30/2019) MR. TRAVER-Well what we have before us is what we have before us. MR. MAC ELROY-That’s correct, and as Laura indicated the reason it is involved with the Board review now is that it’s work within 50 feet of the lake, hard scaping. So that hadn’t come up in their previous thoughts. If you’ve been by the site you’ll see that the house is well under construction and this is a last step of cleaning up the shoreline area. There was quite an extensive planting plan that was developed by Studio A and we included that within our application package. So the work here really is cleaning up that shoreline area and having a little bit location of what is an existing patio area that the owner felt it was a little too close to the neighbors to the north. The house is real close to the property line. It was felt for both parties’ benefits we’d move that little patio area more central to the lot. So this resulted in some other site work, grading, retaining wall, patio surface which would be pervious. They’re going to use pervious block pavers in that area. So relatively simple, straightforward, but it does require your review. MR. TRAVER-Understood. Thank you. Questions from members of the Planning Board? This is SEQR Type II so no action under SEQR is required. We do have a public hearing, however. Is there anyone in the audience that wanted to address the Planning Board on this project? I’m not seeing anyone. Laura, are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There’s no written comment. MR. TRAVER-Okay. Then we’ll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-If there are no, I see the County, they don’t see any significant impacts. If there are no questions from the Planning Board, I guess we’re ready to entertain a resolution. RESOLUTION APPROVING SP # 17-2019 BERNARDO DE JESUS The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: Applicant proposes to remove an existing shore area patio to install a 350 sq. ft. permeable patio with retaining walls. Project includes site grading, new plantings on site and shoreline area. Pursuant to Chapter 179-6- 050 of the Zoning Ordinance hard surfacing within 50 ft. of shoreline 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 04/30/2019 and continued the public hearing to 04/30/2019, 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 04/30/2019; 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, 18 (Queensbury Planning Board 04/30/2019) MOTION TO APPROVE SITE PLAN 17-2019 BERNARDO DEJESUS. Introduced by David Deeb who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: g. site lighting, h. signage, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution. a) If application was referred to engineering, then engineering sign-off required prior to signature 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. th Motion seconded by Michael Dixon. Duly adopted this 30 day of April, 2019 by the following vote: AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-You’re all set. MR. MAC ELROY-Thank you very much. MR. TRAVER-All right. Let’s see. Next under unapproved development we have AREC 10, LLC/UHAUL, Site Plan 18-2019. SITE PLAN NO. 18-2019 SEQR TYPE: UNLISTED. AREC 10, LLC/UHAUL. AGENT(S): ENVIRONMENTAL DESIGN PARTNERS: OWNER(S): SAME AS APPLICANT. ZONING: CI-18. LOCATION: 112 MAIN STREET. APPLICANT REQUESTS APPROVAL OF TREE CLEARING ON SITE AND TO UPDATE CONDITIONS INCLUDING PARKING AND ACCESS TO BIG BOOM ROAD. PURSUANT TO CHAPTER 179-9-120 OF THE ZONING ORDINANCE, MODIFICATION TO EXISTING SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 4-2015 OPEN CANOPY STRUCTURE. WARREN CO. REFERRAL: APRIL 2019. LOT SIZE: 2.41 ACRES. TAX MAP NO. 309.14-1-81. SECTION: 179-9-120. GAVIN VUILLAUME, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? 19 (Queensbury Planning Board 04/30/2019) MRS. MOORE-Okay. Applicant proposes to maintain a tree clearing area on the site and to update site conditions including parking and access to Big Boom Road. Additional modification to the site includes stormwater and additional green space. MR. TRAVER-Okay. Thank you. Good evening. MR. VUILLAUME-Good evening. Gavin Vuillaume again with Environmental Design, here this evening with Ben Mackevorne with U-Haul. So with this project again this is a fully developed site. Most of you are probably very familiar with the U-Haul. Very close to the last project that I presented off of Big Boom Road. Currently they’ve been operating with an area here that’s been re-graveled for many years. Over time they’ve been storing a lot of their equipment and U-Haul vehicles in that area. It really needs to be a little bit better defined and that’s what we’re hoping to achieve with this Site Plan is a re-configuration of those gravel parking areas, make them more permanent. Those would be now paved. Along the, I guess it would be to the south of that, we’ve also got some additional areas here, 14 spaces, and another 14 spaces that we would like to add as additional parking spaces. Again, to help organize the site, make it function a little better. There is a rather large gravel access off to Big Boom. We would like to formalize that entrance as a full access to help patrons get in and out of the site a little easier, as opposed to coming out onto the Main Street now they can hopefully utilize the traffic light that’s there, but we’re hoping that these improvements will help the site function better and appear more attractive. MR. TRAVER-Okay. Questions from members of the Planning Board? MR. MAGOWAN-Well I think the access off of Big Boom Road, I like that idea. It’s safer for really everyone and it will bring more people to the light instead of trying to. MR. VUILLAUME-Get in and out in front of the light which is difficult. MS. WHITE-And while it makes sense I do see the statement there are no plans to replace plantings in the area that has been cleared. Is there any place else that plantings can be replaced? MR. VUILLAUME-Yes. Ben just had mentioned to me this evening that they are willing to do some landscaping. MR. MACKEVORNE-So our plan was kind of this area, kind of behind the parking within our fence to add some more community standard like landscaping. What was there was old pine trees that needed help so add some here as well as up front here we could also add some shrubbery or something to bring up the community standard. MS. WHITE-Do we need to be specific in numbers and types or can we just say? MRS. MOORE-You need some definition. So I know it’s something that you need to update the site plan with the specifics. I guess it could be somewhat made but I’m comfortable that you have a representative that understands what our landscaping standards are. So I’m sure that we could come up with a plan between Staff and the representative that would work. I’m just trying to think of some language off the top of my head and I can’t. MR. TRAVER-Additional landscaping as offered by the applicant and in coordination with Staff. MRS. MOORE-Yes. MR. TRAVER-Okay. 20 (Queensbury Planning Board 04/30/2019) rd MR. SHAFER-Have the April 23 Chazen comments been addressed? MR. VUILLAUME-Yes. I talked to Brandon Ferguson from our office who was working on that. He has addressed those. I don’t know. Do you have the sheet that shows the utilities, Laura, or not? I think that’s it except it’s a little crooked. Yes, that’s okay. Actually I have a plan here that kind of shows it maybe even better, because I knew that question might come up. So if you look at the plan here, what we’re doing for stormwater management, they do have an area here reserved for a small stormwater management area. There’ll be a slight depression with a drywell here, and also another drywell in this vicinity to capture any drainage from any new pavements in that area and I do believe Brandon has addressed the comments from Chazen. Did you get anything? MRS. MOORE-I don’t have anything new. MR. VUILLAUME-Okay. MRS. MOORE-I’m comfortable with what the applicant has said and the questions that were asked from Chazen were not. MR. VUILLAUME-Yes, I don’t think there was a real lot of comments with it. MR. TRAVER-There is a condition to any approval that requires a signoff by the Town Engineer. MR. VUILLAUME-That’s typical. Yes. MR. TRAVER-Anything else? MR. DIXON-Were there any adjustments to your lighting at all? Since you’re clearing more areas, are you planning on putting in anything additional? MR. RONAYNE-The way we have it now is fine. MR. TRAVER-This is an Unlisted action under SEQR. So we are required to perform a SEQR resolution. Does anyone have any environmental concerns after review of the application? Hearing none I guess we can go ahead with that motion. RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP # 18-2019 UHAUL The applicant requests to maintain tree clearing area on site and to update site conditions including parking and access to Big Boom Road. Pursuant to Chapter 179-9-120 of the Zoning Ordinance, modification to existing site plan shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Short EAF has been completed by the applicant; 21 (Queensbury Planning Board 04/30/2019) 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 18-2019 AREC 10, LLC /UHAUL. 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 30 day of April, 2019 by the following vote: AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Mr. Traver NOES: NONE MRS. MOORE-And just to confirm, you opened and closed the public hearing? MR. TRAVER-Yes. PUBLIC HEARING OPENED PUBLIC HEARING CLOSED MR. TRAVER-All right. Next we can move on to the Site Plan resolution. Does anyone have any further questions, concerns for the applicant regarding the Site Plan? Okay. I guess we’re ready to hear that. RESOLUTION APPROVING SP # 18-2019 AREC 10, LLC/UHAUL The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: The applicant requests to maintain tree clearing area on site and to update site conditions including parking and access to Big Boom Road. Pursuant to Chapter 179-9-120 of the Zoning Ordinance, modification to existing site plan shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; 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 04/30/2019 and continued the public hearing to 04/30/2019, when it was closed, 22 (Queensbury Planning Board 04/30/2019) 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 04/30/2019; 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 18-2019 AREC 10. LLC / UHAUL. Introduced by David Deeb who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: g. site lighting, h. signage, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution. a) If application was referred to engineering, then engineering sign-off required prior to signature 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. h) Additional landscaping to be added to the Site Plan subject to Staff approval. Motion seconded by Brad Magowan. Duly adopted this 30th day of April, 2019 by the following vote: AYES: Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Traver NOES: NONE MR. TRAVER-You’re all set. MR. VUILLAUME-Great. Thank you very much. MR. TRAVER-Next we have Kevin Quinn, Northeast Realty Dev. Site Plan 15-2019. SITE PLAN NO. 15-2019 SEQR TYPE: UNLISTED. KEVIN QUINN/NORTHEAST REALTY DEV. AGENT(S): NAOMI POLITO. OWNER(S): SAME AS APPLICANT. ZONING: CI. LOCATION: 1648 STATE ROUTE 9. APPLICANT PROPOSES TO USE 0.5 ACRES OF AN EXISTING 1.11 ACRE VACANT PARCEL FOR DISPLAY OUTSIDE OF RETAIL ITEMS ASSOCIATED WITH EXISTING BUSINESSES ON ADJOINING LOTS. APPLICANT ALSO PROPOSES TO USE PROPERTY AS TRANSIENT MERCHANT SITE DURING AMERICADE. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, NEW COMMERCIAL DISPLAY AREA SHALL BE SUBJECT TO PLANNING 23 (Queensbury Planning Board 04/30/2019) BOARD REVIEW AND APPROVAL. CROSS REFERENCE: ADJACENT PARCEL HAS SIMILAR REVIEW FOR OUTSIDE DISPLAY AND FOR TRANSIENT MERCHANT MARKET. WARREN CO. REFERRAL: APRIL 2019. LOT SIZE: 1.11 ACRES, TAX MAP NO. 277.4-1-4. SECTION: 179-3-040. KEVIN QUINN, PRESENT MR. TRAVER-Laura? MRS. MOORE-So the applicant proposes to use a portion of an existing vacant property to clear the brush, establish an area for outdoor sales and display. I know there’s information in the packet that identifies Transient Merchant, but it’s not a Transient Merchant market at this time. If the applicant pursues that they will do that at a future time. However the properties to the north are an existing Transient Merchant, are in operation, goes through the Town Board approval on a yearly basis. I think it does. I don’t follow that process too much anymore because it’s been taken out of some of the aspects of the review for me, but this particular parcel that we’re going to talk about is only for outdoor sales and display. MR. TRAVER-Understood. Thank you. Good evening. MR. QUINN-Hi, how are you doing. My name is Kevin Quinn. I own the Leather Outlet on Route 9, and basically what we’re looking to do is just add more space. The lot came available. It’s been sitting for 26 years that I’ve been there. The price was right. We said we’ll buy it. We’re not looking to add any more entrances or parking or anything for that nature because we already own over a quarter mile of road frontage. So we have plenty of parking. We bought the north end last year to alleviate a lot of parking for us for the Americade, and basically we just want to clean it up. We don’t want to look any more at a bunch of scraggly trees that are, you know, blocking the view of our property, and we didn’t want to just take it down and not use it and we didn’t want to buy it and not have a purpose. There’s two parcels. The one parcel is level to my parcel that I already own. The other one is set down next to the Colonel Williams monument. So after we our approval, if we get approval, or if not, whatever way it rolls, I’m pretty sure our family’s going to contact them to donate that to them. Because we don’t believe that should be filled anymore and they’ve done a nice job and I think the property, they need the room. If I kept filling that I would fill very close to that monument, and the people that I bought it from they stopped after a while just because they didn’t want to fill it anymore. It wasn’t that they couldn’t I don’t think, and it would look better if it was just left the way it is. The slope is pretty well there. It’s taken the trees. It’s a natural look now. It doesn’t look like a land filled full of dirt anymore, and living next to it for 26 years I have to tell you I was tired of looking at that after the first couple of years I lived there. It was very discouraging to buy that property and have two people on each side of you just constantly dumping dirt, dumping dirt, you know, without a purpose. Well I guess in the end the purpose was that I would buy it. So, you know, that’s it. We’re not looking to park on it. We’re not looking to do any night sales or anything of that nature. The wood carver that I already have, he’s already approved. We’re just looking to give him more room to put out some bigger pieces. He does carve some really big stuff for resorts and stuff like that. Sometimes it takes him a while to finish a piece. He likes to stage them out and just more room in general. We’re not looking to sell anything else over there at this time. When it comes to the Americade, next year we would come back to you and ask you if we can use some of that for vending space next year, after we’ve cleaned it up, after we think that it’s appropriate for our vendors to use. Unfortunately the vending business is going down not going up. I don’t get as many vendors as I used to. So I’m not lacking space like I was 10 years ago, 15 years ago, and besides that, if you have any questions. MR. TRAVER-Thank you. Questions from members of the Board? 24 (Queensbury Planning Board 04/30/2019) MR. MAGOWAN-Yes, I have one. Can you say one of your commercials? MR. QUINN-That’s okay. You know we are a public, you know, we’re out for the people. I have so many people come every day and ask us to give them something for their charity. There’s not a lot of small businesses left, and I ask you this in a nice way. When I guy like me comes up, I don’t knock the guys back here with all the, we can’t always afford it. We can’t afford the engineers and everything else. Sometimes we’re just simple people that came here 25, 30 years ago and started a business to raise our families here. I’ve raised two sons. They’re both very educated and both of them are almost gone from here. So at some point I probably won’t be doing my crazy commercials anymore. MR. MAGOWAN-No, keep it up. The energy that comes off of them. MR. QUINN-And we’ll do one for the Town Board the next time. MR. MAGOWAN-I appreciate the motorcycles. I’m in your shop quite a bit. I see that you had the statute of the Magic Forest guy pull in today. MR. QUINN-Yes, we bought the Indian. We didn’t want to see that Indian go anywhere else. That’s why I really want to give that property to the College, I really do. I want to give that lower piece, I don’t want them to buy it. I just want to give it to them. MS. WHITE-And that’s what my question is. I apologize, I did not get a chance to do a site visit, but is there access to the property from that? MR. QUINN-Well they have access because they punched a paved walkway down in when they re-built everything. I have only access by, I guess through them, or if I wanted to my access would be just keep filling and I would access my property as I filled along, but I have no intention. MS. WHITE-So there’s no access to it through your property? MR. QUINN-No, not anymore. To that lower piece. That’s why I want to do it, too. I mean that’s a great question. I’m glad you asked that because I don’t want to seem like I’m giving away a million dollars. I mean I’m sure Williams College could afford to buy anything. They have a billion dollars in their war chest I’m sure like any other great university. MS. WHITE-My concern is just maintaining that type of historical. I think it’s very important. MR. QUINN-I think it’s important. I don’t think they should have ever filled the lot I own, if you want my honest opinion. I don’t think they should have filled a lot of those lots up on Route 9 when they did back in the day. They just, you know, moved in. MR. MAGOWAN-They’ve been filling those for a long, long, long time. Even where you’re building, wasn’t that? MR. QUINN-I’m actually, not to say it, but there used to be a big corner there and there used to always be a bar or something on that corner, back in the 20’s, from what we can gather, and when they straightened out the road, if you look at my map, part of the right of way, the State, is through my parking lot because the road used to hook way out, and they blew that whole, and made it straight like a dead man’s corner I guess back in the 20’s and nobody every acquired that, who bought my land, and the State has come to me. I went to the State and asked them to buy the right of way because there’s a little space between my property and the actual right of way, and I’m actually thinking about going back to them now and saying, look, if I give this to Williams College will you give me this, and I’m not lying when 25 (Queensbury Planning Board 04/30/2019) I say that. I don’t want you to think that I don’t have a little bit of a motive to maybe re- gather some of my property frontage, the right of way. MR. MAGOWAN-And that’s all scrub stuff anyway. MR. QUINN-Five or six years ago somebody went in there with a bull dozer and they leveled it right off. We’re not going to go back that far either. I don’t know if you saw on the little map we left a 20 foot buffer, 25 foot buffer all the way around it, and no matter what, whether you approve me or not, I wouldn’t knock that down. I’ll always leave that, because then it just looks like, and I don’t want that. It makes my property look bad. It always has. That dirt pit next door to me has not been a pleasure. I just want to make it grass, I guess, a little better, and that’s it. MR. TRAVER-We do have a public hearing on this application. Is there anyone in the audience that wanted to address the Planning Board? I’m not seeing anyone. Laura, are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-All right. Then we will close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-This is an Unlisted action under SEQR. So we have a SEQR resolution in our packet. After reviewing the application, does anyone have any environmental concerns? MR. DEEB-I don’t have a concern, but I notice Question 14 wasn’t answered, on mine anyway. MR. QUINN-I don’t even know what it is honestly. MR. DEEB-Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply. MR. TRAVER-Is it multiple guess? MR. DEEB-You’ve just got to check one. I don’t want to leave it blank. MRS. MOORE-Right. So I would say forest and Early mid-successional, and you can check all that apply. So there’s two of them there. I would work on the word forest and Early mid-successional. MR. TRAVER-And that just has to do with the evolution. MR. QUINN-Okay. Sorry about that. MR. DEEB-That’s okay. MR. QUINN-I probably didn’t know which one to check. MR. DEEB-Yes, they can be confusing. MR. TRAVER-All right. So clarification on the SEQR form. Are there any other concerns regarding SEQR? We’re ready for a resolution, then. 26 (Queensbury Planning Board 04/30/2019) RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP # 15-2019 KEVIN QUINN The applicant proposes to remove some vegetation –small trees on a portion of an existing 1.11 acre vacant parcel for display outside of retail items associated with existing businesses on adjoining lots such as wood carvings and outdoor furniture (no parking). Project includes site grading to place topsoil and to seed to install a lawn area. Pursuant to Chapter 179-3- 040 of the Zoning Ordinance, new commercial display area 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 15-2019 KEVIN QUINN/NORTHEAST REALTY DEVELOPMENT. 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 30 day of April, 2019 by the following vote: MR. HUNSINGER-Should we just say for the record that we noticed that the site is proximate to the Colonel Williams monument? Because that is historically significant. It doesn’t really have any impact. MR. QUINN-There’s actually a lot between us, which we own. MS. WHITE-Which is noted. MR. TRAVER-But it’s not part of this application. MR. DEEB-I don’t see where that would have any bearing on this. MR. HUNSINGER-Okay. MRS. MOORE-That’s fine. MR. DEEB-I mean it is there. 27 (Queensbury Planning Board 04/30/2019) MR. QUINN-We recognize that with the conversation. I’m not saying that but there is actually a building lot between us, about an acre and a quarter. MR. DEEB-Are you okay? MR. HUNSINGER-Yes, I’m okay. MR. TRAVER-Any other questions or comments on the SEQR? Maria, can we have the vote, please. AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Ms. White, Mr. Traver NOES: NONE MR. QUINN-Okay. MR. DEEB-We’re not done. We’ve got one more. MR. TRAVER-So now we actually move to the resolution regarding the Site Plan approval. Does anyone have any questions, comments, concerns? MRS. MOORE-So I’m going to interject with this one. So we’ve been in discussion with Kevin and Naomi in regards to the area that’s supposed to be cleared and re-vegetated or lawn area. We came up with, as you see this aerial photo has some contours on it, and what I would suggest is that there be some specificity to it that he can clear up to the level of Contour 620. That’s really the top of the bank. We don’t recognize it, but that way if Bruce goes out and needs to look at where this site starts and ends he has something to, has a concrete point to look at. MS. WHITE-I appreciate that. MRS. MOORE-Okay. MR. TRAVER-So we’re asking for topographic? MRS. MOORE-No, no. Using the aerial photo, you can use it as part of the condition, saying using the aerial photograph that was submitted, that the applicant has indicated they wouldn’t clear past the point, the Contour 620, and that way it gives the applicant adequate area to clear and to grub. He’s also mentioned he may not even clear that whole area. MR. QUINN-No, I’m not. I hear what you’re saying. MS. WHITE-We’re being specific. MRS. MOORE-Yes. MS. WHITE-And we have something to go back and look at, what we approved. MRS. MOORE-Yes. MR. TRAVER-All right. Thank you, Laura. Any other discussion? MR. DIXON-I’d just like to make a quick comment. Once that area is cleared, I know there’s, it looks like you’re using behind the building a little bit of storage area. 28 (Queensbury Planning Board 04/30/2019) MR. QUINN-It’s gone. It’s all going to be cleaned up. MR. DIXON-Okay. MR. QUINN-Everything will be out of there. MR. DIXON-Beautiful. Thank you. MR. TRAVER-Anything else? Maria, can we have the vote, please. MR. DEEB-I haven’t even read the motion yet. MR. TRAVER-I’m sorry. MR. MAGOWAN-Who’s rushing who here? MR. TRAVER-My apologies. RESOLUTION APPROVING SP # 15-2019 KEVIN QUINN The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: The applicant proposes to remove some vegetation –small trees on a portion of an existing 1.11 acre vacant parcel for display outside of retail items associated with existing businesses on adjoining lots such as wood carvings and outdoor furniture (no parking). Project includes site grading to place topsoil and to seed to install a lawn area. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, new commercial display area 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 04/30/2019 and continued the public hearing to 04/30/2019, 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 04/30/2019; 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 15-2019 KEVIN QUINN/NORTHEAST REALTY DEVELOPMENT. Introduced by David Deeb who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 29 (Queensbury Planning Board 04/30/2019) 1) Waivers request granted: g. site lighting, h. signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal. 2) Adherence to the items outlined in the follow-up letter sent with this resolution. a) If application was referred to engineering, then engineering sign-off required prior to signature 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. h) Clearing to stop at Contour Number 620. Motion seconded by John Shafer. Duly adopted this 30th day of April, 2019 by the following vote: AYES: Mr. Hunsinger, Mr. Magowan, Mr. Dixon, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Traver NOES: NONE MR. QUINN-Thank you. I have to say one other thing. Without this young lady over here, I tell you she makes life very easy. Thank you very much. MR. TRAVER-All right. Next on the agenda we have Faden Enterprises, Inc., Site Plan 27- 2019. SITE PLAN NO. 27-2019 SEQR TYPE: UNLISTED. FADEN ENTERPRISES, INC. AGENT(S): LANSING ENGINEERING. OWNER(S): 894 REALTY, LLC. ZONING: CM. LOCATION: 894 STATE ROUTE 9. APPLICANT PROPOSES TO MODIFY AN EXISTING APPROVED SITE PLAN INCLUDING BUILDING AND SITE CHANGES. THE PROPOSED BUILDING IS TO BE 11,793 SQ. FT. (PREVIOUSLY 11,400 SQ. FT.) AND 75 FOOT SETBACK (PREVIOUSLY 93 FT.) TO THE BUILDING OVERHANG. PROJECT STILL INCLUDES SITE WORK ON ADJOINING LOT FOR ACCESS DRIVE AND PARKING SPACES, ALSO OTHER ON SITE WORK FOR GRADING, STORMWATER, WATER AND SEWER CONNECTION. PURSUANT TO 179-3-040 OF THE ZONING ORDINANCE, MODIFICATIONS TO AN APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 37-2018; AV 34-2018, SP 36-2018; WARREN CO. REFERRAL: APRIL 2019. LOT SIZE: 1.3 ACRE. TAX MAP NO. 296.17-1-49. SECTION: 179-3-040. SCOTT LANSING, REPRESENTING APPLICANT, PRESENT; RUSS FADEN, PRESENT MR. TRAVER-Laura? MRS. MOORE-Okay. So this application is a modification of the previous project. The current proposal is for the building to be 11,793 square feet. Previously it was 11,400. The 30 (Queensbury Planning Board 04/30/2019) setback is at 75 feet. Previously it was 93 feet. Everything else remains the same in reference to having a retail business operation. He has removed a retaining wall on Montray Road. The building now, when you actually look at it, it goes with the contour of the property and that’s it. MR. TRAVER-Less fill, right? MRS. MOORE-Less fill. MR. TRAVER-Okay. Thank you. Good evening. MR. LANSING-Good evening. My name is Scott Lansing with Lansing Engineering. I’m also here this evening with Mr. Russ Faden, applicant for the project. I think that was a great re-cap of the project. Basically the main thrust of the application is to try to reduce the amount of fill that it brought onto site. Originally the applicant had a possibility of importing some fill from a site close by on the site. He was not able to get as much fill as he wanted from that site so we did some adjustments, and also adjustments to the building that works better with the tenants that he has for the structure. So what I’ll do is just kind of go through and re-iterate the changes. As far as the structure itself it was changed from 11,400 square feet to 11,800 square feet roughly. So small change in the structure. This evening we have, on the left hand side is the original plan that was approved by the Planning Board and on the right hand side is the amended plan that we are proposing to you this evening. So the building did get a little bit narrower and a little bit deeper but it’s roughly the same size as far as square footage. Parking on the site did increase by one space to accommodate the extra parking with the building size. It increased from 60 spaces to 61 spaces. As far as revisions to the site to try to reduce the fill, the building was moved forward a slight bit. The finished floor elevations are stepped. On the bottom you can see it is basically the front elevation of the building. We show the step up of that building. So it works with the grade a little bit better. It matches it as opposed to a building going straight across and needing more fill basically on the right hand side of that front elevation. With that we were able to eliminate the retaining wall on the south side of the site down by Montray Road and also in the back of the site I think you can see with the reduced fill we were able to save more of the trees in the back of the site. On the right hand side you can see the existing tree line is a little thinner than the one on the right hand side. As far as parking, as I did mention we did add one space. We did move the parking also down towards the south. So originally we had the parking directly adjacent to the parking on the Pizzeria Uno site. As you can see now we have basically a grass strip between those two in that area. Once again we over stepped the grades and worked with the existing grades a little better. As far as the overall green space it does remain consistent over all the parcel. On our particular site we did go down in green space. We went from 52.3% green space on the old plan to 42.8% green space. Thirty percent’s required so we meet it either way. As far as impervious area we have the exact same impervious area. By removing some of the parking from the Pizzeria Uno area, moving it down, we have within 100 square feet the same amount of impervious area from site to site. For the most part we think it’s a pretty straightforward adjustment and we’re here tonight for questions and comments from the Board. We would like to ask for consideration of approval contingent upon addressing the comments both from Chazen and Planning Staff. We went through those comments. We think they’re all relatively straightforward and we’re more than happy to address those as a condition of the approval. Thank you very much. MR. TRAVER-Okay. Thank you. Questions from members of the Planning Board? MR. MAGOWAN-Well, I would like to thank Russ. You’re getting really good at this. I was watching the fill and I know you were hoping more was coming across the street because it would have been easier just to truck it across, and then it did. It seemed to, it stopped a little quicker than I would have thought, too. I mean it looked like a lot of fill was coming 31 (Queensbury Planning Board 04/30/2019) out there, but I like what you did here and conforming it, and I just want to thank you for really trying to make your projects. Because I know Downtown has really turned out nice and I hear speculations maybe a bank someday, but that’s great and I just wanted to thank you and of course your engineer really, with the presentation and the work and I know it’s not cheap but I do thank you for doing that extra step. MR. FADEN-You’re welcome. MR. HUNSINGER-I think it’s a better project. MR. FADEN-So do I, and hindsight’s 20/20, but I think it’s better having it not so high and it blends in a little more with the topography and features of Montray Road. You’re not going to see a huge retaining wall or it’s not going to stand so high. So I think it does blend in better with what’s currently there. MR. HUNSINGER-I mean we have pictures of something similar to what you have proposed there in the Comprehensive Plan on how to build on hill sites and you were kind of creating a hill, if you will, with fill. This is way more visually appealing. I think it’s a better project. MS. WHITE-I have to go back to my concern in the original plan which is that there was landscaping and there was a historical monument and we agreed very specifically that that not to be removed and it’s gone, and I don’t see anything on the plans to have that replaced. Am I missing it or? MR. FADEN-We never had any intentions of removing that. MS. WHITE-It’s gone. It has been gone, and the three trees that were there are also gone. Cleared. All the landscaping that was agreed upon that that would stay is gone. MR. FADEN-The monument itself is gone? MR. MAGOWAN-There was a sign. MS. WHITE-But below the sign there were ties and landscape as part of that historical marker and it’s gone. So I’m curious why that was completely removed and there’s no plan to replace it. MR. FADEN-I’m sorry. I’m not even familiar with what you’re referring to. What was removed? MR. MAGOWAN-It was right on the corner of Montray and I remember it’s actually it was. MS. WHITE-Okay there was a sign with a historical, because there’s a, past your property there’s a historical site. So up near Route 9 on Montray there was a historical marker and right below it was a fully landscaped area and three pretty major trees. The trees are cut down and that landscaped area is gone. MR. TRAVER-What’s there now, just the marker? MS. WHITE-No, I think the marker is still there just right up by the street. Basically there’s just bare dirt. Trees, everything is gone. MR. DEEB-That can be remedied. MR. FADEN-Yes. 32 (Queensbury Planning Board 04/30/2019) MS. WHITE-But I didn’t see anything on the plan and so I wanted to note that the original intention was that that was supposed to stay there. MR. FADEN-Yes, well when we do the landscaping I just have to see what exactly is missing, but we can dress that corridor up, put some more, you know, shrubs around it because I know before it wasn’t really well maintained but we will clean all that up. MS. WHITE-Okay. I’d just like to note that that was something that was agreed upon and so when it’s finalized. MR. TRAVER-We did talk about that. MR. HUNSINGER-The sign is shown. MR. MAGOWAN-Well it is on AC D1 it does say existing historical marker to be preserved and protected, which is on the outside of the dark line on your print. MR. TRAVER-I think the issue is the marker was not removed but the landscaping was. MS. WHITE-There was more than just the sign. There was an area that was kind of, you know, dedicated. MR. MAGOWAN-Right. MR. TRAVER-So the applicant is amenable to restoring some specific landscaping to delineate that sign. Would that be sufficient? MS. WHITE-Sure. MR. TRAVER-Okay. MS. WHITE-Equal to what was taken away. MR. FADEN-It will most likely be better than what was there. MR. LANSING-If I could ask, what landscaping was taken away? I’m looking at Google Earth on the street view and it looks like around the sign there wasn’t anything. MS. WHITE-I have photographs prior to them being taken away. MR. LANSING-Okay. MR. FADEN-We did clear some trees, but we were in our property the entire time. MS. WHITE-I’d have to go back, historically, and find the pictures. Because it’s been a while. MR. TRAVER-Okay. If you have them, would it be possible for you to e-mail them to Staff. MS. WHITE-I can forward them. MR. TRAVER-Okay. That would help give them some guidance. MS. WHITE-And it doesn’t have to be anything specific, but it just feels like it was a conversation was had and I didn’t see anything noting that that would be put back to its previous state. That’s all. 33 (Queensbury Planning Board 04/30/2019) MR. SHAFER-The arrow from the note on the plans goes to, off the right of way, off your property line. MR. LANSING-The sign is off, in the right of way. It’s not on the applicant’s property. MS. WHITE-The sign is in the right of way. The little, I don’t know, dedicated space was within their property. Yes. MR. TRAVER-Well it sounds like the applicant is ready to address it and if you can supply photographs so they can have something that’s very similar. MS. WHITE-Yes. So the space I’m talking about was, see now where those trees are cleared? And next to that tree is where it’s all dirt there now. There was an area of. MRS. MOORE-It was railroad ties. MS. WHITE-Railroad ties, shrubs, you know, just a little landscaped kind of designated monument type thing. Not a big deal, but just something. I’ll look back and see what I can find for photos. MR. LANSING-And on our landscaping plan we do outline some plantings in that area. MR. TRAVER-Great. Thank you. We do have a SEQR resolution, although if we don’t feel that there are environmental impacts that have changed with this modification to the Site Plan we can re-affirm the pre-existing SEQR resolution. Correct, Laura? MR. DIXON-Mr. Chairman, just a quick comment. Chazen had a comment that said it appears that the proposed stormwater collection system at the site entrance along Route 9 has been removed. The applicant to clarify if the amended site plan has been submitted to New York State DOT for review and comment. Would that have any impact on the SEQR review? MR. TRAVER-No because it’s, the engineer’s going to have to sign off on it. So they’re going to have to resolve that issue to the satisfaction of the Town. MR. DIXON-All right. MR. LANSING-And if I could address that comment. This is the existing plan here, we h had a couple of catch basins in the DOT right of way. Because of the grade of the site there was some drainage going out towards the roadway and DOT doesn’t like to have water being shed onto their roadway. So with the revised plan the driveway actually slopes in so therefore we don’t need catch basins at the high point. So just for the Board’s understanding and we’ll address that with Chazen. MR. MAGOWAN-Thank you. MR. TRAVER-Anything else on the environmental front? Is the Board comfortable moving forward with a re-affirmation of the SEQR resolution from June? Okay. Go ahead. MS. GAGLIARDI-Excuse me, Mr. Chairman. You need to open the public hearing. MR. TRAVER-Thank you. We do have a public hearing on this application. I don’t see anyone in the audience, but I will invite that would like to address the Planning Board to do so and ask, Laura, do we have any written comments? PUBLIC HEARING OPENED 34 (Queensbury Planning Board 04/30/2019) MRS. MOORE-There are no written comments. MR. TRAVER-Okay. Then we will close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-And then I guess we’re ready for a SEQR motion. RESOLUTION RE-AFFIRMING SEQR NEG. DEC. SP # 27-2019 FADEN ENTERPRISES The applicant proposes to modify an existing approved site plan including building and site changes. The proposed building is to be 11,793 sq. ft. (previous 11,400 sq. ft.) and 75 ft. setback (previously 93 ft.) to the building overhang. Project still includes site work on adjoining lot for access drive and parking spaces, also other on site work for grading, stormwater, water and sewer connection. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, modifications to an approved site plan shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Short EAF has been completed by the applicant; Whereas, the Planning Board adopted Resolution SP 36-2018 on 07/17/2018 adopting SEQRA determination of non-significance, and Upon review of the information recorded on the EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency reaffirms 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 REAFFIRM NEGATIVE DECLARATION FOR THE PROPOSED SITE PLAN 27- 2019 FADEN ENTERPRISES, INC. Introduced by David Deeb who moved for its adoption, seconded by Brad Magowan; th Duly adopted this 30 day of April, 2019 by the following vote: AYES: Mr. Magowan, Mr. Dixon, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Traver NOES: NONE MR. TRAVER-And next we can move on to the approval resolution for the modified Site Plan. Does anyone have any further questions or concerns? MR. HUNSINGER-Color schemes? MR. FADEN-Still working on that. We’ll probably go with, probably like browns and greens. 35 (Queensbury Planning Board 04/30/2019) MR. HUNSINGER-Should we specify earth tone in the resolution? MR. TRAVER-Yes, we can do that. It sounds like their intent is earth tones. Right? MR. FADEN-Yes. MR. TRAVER-Good. Anything else before we consider a resolution? MR. HUNSINGER-I would just further add there are some archeological design guidelines in the Town Comprehensive Plan that I’m sure Laura could point to. It also does talk about color schemes. Just for reference. MR. TRAVER-All right. I guess we’re ready. RESOLUTION APPROVING SP # 27-2019 FADEN ENTERPRISES, INC. The applicant has submitted an application to the Planning Board for Site Plan approval pursuant to Article 9 of the Town zoning Ordinance for: The applicant proposes to modify an existing approved site plan including building and site changes. The proposed building is to be 11,793 sq. ft. (previous 11,400 sq. ft.) and 75 ft. setback (previously 93 ft.) to the building overhang. Project still includes site work on adjoining lot for access drive and parking spaces, also other on site work for grading, stormwater, water and sewer connection. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, modifications to an approved site plan shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; 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 04/30/2019 and continued the public hearing to 04/30/2019, 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 04/30/2019; 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 27-2019 FADEN ENTERPRISES, INC. 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. a) If application was referred to engineering, then engineering sign-off required prior to signature of Zoning Administrator of the approved plans; 36 (Queensbury Planning Board 04/30/2019) 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. h) Historical marker and sign with landscaping to be replaced in the southwest corner. i) Color scheme to be earth tones. Motion seconded by Brad Magowan. Duly adopted this 30th day of April, 2019 by the following vote: MR. DEEB-Historical marker and sign with landscaping to be replaced in the southwest corner, and it’s off, in the right of way or out of the right of way. MRS. MOORE-The applicant to address the landscaping that has been removed. The applicant either, I don’t know whether that’s the Town right of way or the State. The applicant would, I don’t know if the State’s going to get all upset with you putting plantings in there that weren’t already there, but the applicant needs to work that out. MR. DEEB-So the landscaping to be replaced in the southwest corner. AYES: Mr. Dixon, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Traver NOES: NONE MR. TRAVER-You’re all set. MR. LANSING-Thank you very much. MR. TRAVER-Is there any other business to come before the Planning Board this evening? MRS. MOORE-Can I remind the Board that next month in May that your meetings are a little st off schedule. So you are on the 21, which is a regular scheduled meeting, but the following th week you would normally have it on the 28. However, it’s Grievance Day so it’s moved to th the 29, which is Wednesday. MR. HUNSINGER-It happens every year. MRS. MOORE-It happens every year, but just as a reminder. MR. DEEB-Can you remind us again at the first meeting next month? MRS. MOORE-Yes, I will do that. MR. TRAVER-If there’s nothing else, I’ll entertain a motion to adjourn. MR. HUNSINGER-So moved. 37 (Queensbury Planning Board 04/30/2019) MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF APRIL 30, 2019, Introduced by Chris Hunsinger who moved for its adoption, seconded by John Shafer: th Duly adopted this 30 day of April, 2019, by the following vote: AYES: Mr. Shafer, Mr. Hunsinger, Ms. White, Mr. Magowan, Mr. Dixon, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-We stand adjourned. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver, Chairman 38