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05-29-2019 (Queensbury Planning Board 05/29/2019) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING MAY 29, 2019 INDEX Site Plan PZ 223-2016 The Fort Miller Company, Inc. 1. Special Use Permit PZ 224-2016 Tax Map No. 279.-1-59.2, -72, -73, -48 Site Plan No. 29-2019 Reece Rudolph 4. Tax Map No. 289.6-1-34 Site Plan No. 31-2019 Gary Hillert 6. Tax Map No. 289.10-1-53 Site Plan No. 28-2019 Richard Chase, Log Jam Restaurant 7. Tax Map No. 288.12-1-16 Site Plan No. 30-2019 Aldi, Inc. 10. Tax Map No. 302.6-1-27 Site Plan No. 32-2019 Bruce & Sarah Brown 16. Tax Map No. 239.7-1-30 Site Plan No. 33-2019 John & Ellen Verdi 20. Tax Map No. 240.-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) AN WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury Planning Board 05/29/2019) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING MAY 29, 2019 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, CHAIRMAN CHRIS HUNSINGER, VICE CHAIRMAN DAVID DEEB, SECRETARY BRAD MAGOWAN JAMIE WHITE JOHN SHAFER MICHAEL VALENTINE 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 Wednesday, May 29, 2019. This is our second meeting for this th month and our 11 meeting for 2019. Please note the illuminated exit signs above the doors in the building including the doors in the hallway. Those are the emergency exits in the event that we have an emergency. There are agendas at the back of the room on the table for those of you that would like them. We are going to make a minor change in the agenda. We have an applicant that was tabled from last week for purposes of drafting of an approval resolution and that’s the Fort Miller Company, Inc. We’re going to move that up to do that first. So with that we’ll begin our agenda, the first item being Fort Miller Company, Inc., application Site Plan PZ 223-2016 and Special Use Permit PZ 224-2016. OLD BUSINESS: SITE PLAN PZ 223-2016 SPECIAL USE PERMIT PZ 224-2016 SEQR TYPE: UNLISTED. THE FORT MILLER COMPANY, INC. AGENT(S): JONATHAN C. LAPPER, ESQ. OWNER(S): H. JOHN MARCELLE; JOHN KUBRICKY & SONS. ZONING: RR-5A. LOCATION: 39 DREAM LAKE ROAD & STATE RT. 9L. APPLICANT PROPOSES TO CONSTRUCT AN ACCESS ROAD FROM THE EXISTING SAND & GRAVEL OPERATIONS TO STATE ROUTE 9L. THE PROJECT INCLUDES FUTURE SAND & GRAVEL OPERATIONS. THE SAND & GRAVEL OPERATIONS HAVE BEEN REVIEWED BY NYSDEC – DOCUMENTATION HAS BEEN INCLUDED AS PART OF SUBMISSION. APPLICANT REQUESTS WAIVER FROM 1,000 FT. TO A RESIDENCE FOR OPERATIONS OF THE SAND & GRAVEL REMOVAL. PURSUANT TO CHAPTER 179-10-060 & 179-1-040 OF THE ZONING ORDINANCE, COMMERCIAL SAND, GRAVEL AND TOPSOIL EXTRACTION IN AN RR-5 ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 6-2015 & SUP 7-2015 FOR CONTINUED USE; (-48) SP 55-2015, UV 57-2015 CELL TOWER, LOCAL LAW 1, OF 2019 RE: ZONING. WARREN CO. REFERRAL: OCTOBER 2016/MAY 2019. SITE INFORMATION: APA & NWI WETLANDS, CEA. LOT SIZE: 102.77, 73.86, 52.26 & 9.18 ACRES. TAX MAP NO. 279.- 1-59.2, -72, -73, -48. SECTION: 179-10-060, 179-3-040. JON LAPPER & BUTCH MARCELLE, REPRESENTING APPLICANT, PRESENT MR. TRAVER-And, Laura, I understand our only business is review and passage of the resolution? MRS. MOORE-Yes. 2 (Queensbury Planning Board 05/29/2019) MR. MAGOWAN-Excuse me, Laura. Mr. Chairman, I’m going to recuse myself because I wasn’t here last Tuesday. I’ll let Mike take over. MR. TRAVER-Understood. Thank you, Mike. MRS. MOORE-So last week when we were going through the approval resolution we had to understand how that buffer would work, and so if you look at Item L, we had discussions about the type of buffer when it would occur and who would have authority over that. So working with Counsel we developed, from our own Code, a Type B buffer which would be a 20 foot width, three trees per 100. There’s some additional language in there about perennial shrubs and lawn area, and as you see we’ve noticed minus those items because we’re at the top of wherever they’re excavating. So this was really a tree planting exercise, not a perennials exercise. We’ve identified that information specifically and then we gave the opportunity in reference to the DEC permit, and in this case we’ve asked the applicant to amend the DEC permit. However that’s a statement. That’s something that the applicant can complete the Code requirements in the first half that are identified or the applicant can also request a DEC permit as well. There was other items in reference to no further removal of materials along Dream Lake Road and Bear Brook Road and then compliance with provisions and conditions of the Town Board resolution and then what wasn’t in there prior, we discussed this. The applicant’s request was that the Special Use Permit request be granted a permanent Special Use Permit. So that’s something that you as a Board should discuss, but the applicant has requested that. MR. TRAVER-Okay. Thank you, Laura. I know that you put a great deal of effort in drafting this for us and please express our appreciation to Attorney Schachner as well. MRS. MOORE-Thank you. MR. TRAVER-Thank you. Good evening. Welcome back. MR. LAPPER-Good evening. For the record, Jon Lapper and Butch Marcelle, and we’ve reviewed the proposed draft resolution and all the terms and conditions are acceptable to the applicant. MR. TRAVER-Okay. Very good. Any questions or comments from members of the Board? I know we discussed this at length. All right. Then I think we’re ready to hear the resolution. MR. DEEB-All right. RESOLUTION APPROVING SP PZ 223-2019 SUP PZ 224-2019 FORT MILLER COMPANY The applicant proposes to construct an access road from the existing sand & gravel operations to State Route 9L. The project includes future sand & gravel operations. The sand & gravel operations have been reviewed by NYSDEC – documentation has been included as part of submission. Applicant requests waiver from 1,000 ft. to a residence for operations of the sand & gravel removal. Pursuant to Chapter 179-10-060 & 179-3-040 of the Zoning Ordinance, commercial sand, gravel and topsoil extraction in an RR5 zone shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; 3 (Queensbury Planning Board 05/29/2019) Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-10-060 and 179-10-070 (G), 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 New York State DEC is Lead Agency for State Environmental Quality Review Act (SEQR) designated as Type I project by NYSDEC. NYS DEC issued a negative declaration on 01/19/2018. No further SEQR review is required by the Planning Board; The Planning Board opened a public hearing on the Site plan application on 10/18/2016 and continued the public hearing to 05/21/2019, 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 05/21/2019; 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 and Article 10 of the Zoning Ordinance for Special Use Permits, MOTION TO APPROVE SITE PLAN PZ223-2016 & SPECIAL USE PERMIT PZ224-2016 THE FORT MILLER COMPANY, INC.; Introduced by David Deeb who moved for its adoption. According to the draft resolution prepared by Staff with the following conditions: 1. Waivers requested granted –sand and gravel operations to occur 1,000 feet (horizontal distance) from any existing residence (to be less than 1,000 feet), g. lighting, h. signage, o. new constructions/alterations, p. floor plans, r. construction waste, and s. snow removal locations, 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) If applicable, 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; 4 (Queensbury Planning Board 05/29/2019) 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) Sand & Gravel operations Buffer to be 350 ft. from the nearest residence (parcel 279.-1-72) and 295 ft. to the new access road (parcel 279-1-48) – the buffer of 350 ft. and 295 ft. to be placed on the final plans, l) Applicant to create a buffer similar to a Type B buffer on applicant properties per “Section 179-8-070”Description of Buffers Town of Queensbury Code (20 ft. width, 3 trees per 100 linear feet, minus perennials, shrubs and lawn area) at the edge of the affected area specifically at the 295 ft. and 350 ft. denoted buffer line for a visual and sound buffer when sand & gravel operations occur in affected area. This buffer area will be installed once the excavation limits are within 100 ft. of the 350 ft. and 295 ft. mark respectively, or the applicant’s NYSDEC Permit shall be amended to include the buffer requirements set forth immediately above. m) Applicant agrees no further removal of materials or trees or vegetation beyond the existing tree line of Dream Lake Road and Bear Brook Road along the West property line of parcel 279.-1-73 to be placed on the final plans, n) Compliance with all provisions and conditions of the Town Board Resolution #104- 2019, o) Access Road design to be submitted for engineering review and signoff for stormwater management, p) The Special Use Permit Application granted is a permanent special use permit, q) This resolution is to be placed in its entirety on the final plans th Seconded by Chris Hunsinger. Duly adopted this 29 day of May, 2019 by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Dixon, Mr. Valentine, Mr. Traver NOES: NONE MR. TRAVER-You’re all set. MR. MARCELLE-Thank you very much. MR. TRAVER-You’re welcome. MR. LAPPER-Much appreciated, everybody. MR. TRAVER-Continuing under Old Business, the next application we will hear is Reece Rudolph, Site Plan 29-2019. SITE PLAN NO. 29-2019 SEQR TYPE: TYPE II. REECE RUDOLPH. AGENT(S): DAVID HUTCHINSON. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 24 NACY RD. APPLICANT PROPOSES TO REMOVE HALF STORY ROOF AREA OF 392 SQ. FT. TO REPLACE WITH A SECOND STORY OF 715 SQ. FT. THE ADDITION IS TO HAVE 5 (Queensbury Planning Board 05/29/2019) TWO BEDROOMS AND BEDROOM DOWNSTAIRS TO BE CONVERTED TO OTHER LIVING SPACE. THE HOUSE IS A PRE-EXISTING NON-CONFORMING STRUCTURE. NO OTHER CHANGES TO THE SITE ARE PROPOSED. PURSUANT TO CHAPTER 179-3- 040 OF THE ZONING ORDINANCE, EXPANSION OF A NON-CONFORMING STRUCTURE IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: 91653-2495 SEPTIC ALT. 1991. WARREN CO. PLANNING: N/A. SITE INFORMATION: CEA, GLEN LAKE. LOT SIZE: .21 ACRES. TAX MAP NO. 289.6-1- 34. SECTION: 179-3-040. MR. TRAVER-Laura? MRS. MOORE-This application is to be tabled. We tabled the Planning Board thth Recommendation to June 18 and the Site Plan needs to be tabled to June 20 and the public hearing should be opened and left open. MR. TRAVER-Okay. Thank you. Then 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? PUBLIC HEARING OPENED MR. TRAVER-So we will leave the public hearing open for when it does return next month, and we’ll entertain a tabling motion. RESOLUTION TABLING SP # 29-2019 REECE RUDOLPH The applicant has submitted an application for the following: Applicant proposes to remove half story roof area of 392 sq. ft. to replace with a second story of 715 sq. ft. The addition is to have two bedrooms and bedroom downstairs to be converted to other living space. The house is a pre-existing non-conforming structure. No other changes to the site are proposed. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, expansion of a non- conforming structure in a CEA shall be subject to Planning Board review and approval. MOTION TO TABLE SITE PLAN 20-2019 REECE RUDOLPH. Introduced by David Deeb who moved for its adoption, seconded by Michael Valentine: Site Plan review tabled to the June 20, 2019 meeting. Applicant to provide septic certification. Duly adopted on this 29th day of May, 2019 by the following vote: MR. TRAVER-We have a motion and a second. Is there any discussion? Laura, question. th Do we first need to table this to the 18 so that we can review it prior to going to the ZBA? th MRS. MOORE-This one gets tabled to July 20, 2019, or July 16, for the Planning Board th Recommendation, and then July 17 they get to see the Zoning Board. th MR. DEEB-I have June 20. MR. TRAVER-Rudolph I have. MRS. MOORE-As June. We’re not on Hillert yet. MR. TRAVER-No, I’m sorry. I wanted clarification. That’s all. Because if I remember th correctly, we’re to hear it again for recommendation on the 18 and then for Site Plan on th the 20. So I guess my question is we now have a resolution to table the Site Plan to the thth 20. Do we need another resolution to table to the 18? 6 (Queensbury Planning Board 05/29/2019) MRS. MOORE-You already did that at the previous meeting. MR. TRAVER-All right. Thank you. MS. WHITE-We did the first one. Now we need to do the second part. MRS. MOORE-Correct. MR. TRAVER-Okay. All right. So we have a tabling resolution that’s been made and th seconded to June 20 for Site Plan. Is there any further discussion? Maria, can we have the vote, please. AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-And next we have a similar situation with the Gary Hillert application. Site Plan 31-2019. SITE PLAN NO. 31-2019 SEQR TYPE: TYPE II. GARY HILLERT. AGENT(S): VAN DUSEN & STEVES. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 366 GLEN LAKE ROAD. APPLICANT REQUESTS TO MAINTAIN A DECK ADDITION NEXT TO THE SHORELINE. PROJECT ALSO INCLUDES MAINTAINING A 60 FT. SECTION OF FENCE TO THE SHORELINE ON THE WEST SIDE OF THE HOME. PURSUANT TO CHAPTER 179-6-050 OF THE ZONING ORDINANCE, CONSTRUCTION WITHIN 50 FT. OF THE SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 9-2019; AV 18-1999; AV-21435; SP 15-1999; AST-0732-2018 DOCK; WARREN CO. REFERRAL: N/A. SITE INFORMATION: CEA, GLEN LAKE. LOT SIZE: .69 ACRE. TAX MAP NO. 289.10-1-53. SECTION: 179- 6-050. MR. TRAVER-Laura? th MRS. MOORE-So this application is to be tabled to July 16 for the Planning Board rd Recommendation and then table it to July 23 for the Site Plan. MR. TRAVER-So two tabling resolutions. th MRS. MOORE-I think you’ve already done the July 16. MR. TRAVER-Okay. Very good. MRS. MOORE-And you also need to open your public hearing and leave it open. MR. TRAVER-Thank you. Is there anyone in the audience that wants to address the Planning Board on this application? Gary Hillert. I’m not seeing anyone. So we will open the public hearing and we’ll leave it open so that it is open when we hear the application in July. PUBLIC HEARING OPENED MR. TRAVER-And with that if we could have a motion. RESOLUTION TABLING SP # 31-2019 REECE RUDOLPH 7 (Queensbury Planning Board 05/29/2019) The applicant has submitted an application for the following: Applicant requests to maintain a deck addition next to the shoreline. Project also includes maintaining a 60 ft. section of fence to the shoreline on the west side of the home. Pursuant to Chapter 179-6-050 of the Zoning Ordinance, construction within 50 ft. of the shoreline shall be subject to Planning Board review and approval. MOTION TO TABLE SITE PLAN 31-2019 GARY HILLERT. Introduced by David Deeb who moved for its adoption, seconded by Brad Magowan: Site Plan tabled to the July 23, 2019 Planning Board meeting with revised plans due by June 15, 2019. th Duly adopted this 29 day of May, 2019 by the following vote: AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Ms. White, Mr. Traver NOES: NONE MR. TRAVER-Next we go to New Business on our agenda and the first item is Richard Chase, Log Jam Restaurant, Site Plan 28-2019. NEW BUSINESS: SITE PLAN NO. 28-2019 SEQR TYPE: TYPE II. RICHARD CHASE, LOG JAM RESTAURANT. OWNER(S): DAVID WHITE. ZONING: CI. LOCATION: 1484 STATE ROUTE 9. APPLICANT PROPOSES A 624 SQ. FT. ADDITION TO AN EXISTING 8,002 SQ. FT. RESTAURANT BUILDING FOR COLD STORAGE AND ADDITIONAL WOOD STORAGE. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, COMMERCIAL CONSTRUCTION SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 15-1995, SP 17-1995, 2009-215 BATHROOM ALT., MANY ALT. IN THE 90’S. WARREN CO. REFERRAL: MAY 2019. LOT SIZE: 1.25 ACRES. TAX MAP NO. 288.12-1-6. SECTION: 179-3-040. RICK CHASE, PRESENT MR. TRAVER-Laura? MRS. MOORE-Okay. This applicant proposes a 624 square foot addition to an existing 8,002 square foot restaurant building for cold storage and additional wood storage. The cold storage, there’s one section that’s 176 square feet. I apologize, it is on the south side, and then that would be closed and then 176 square feet on the same side to be an open wood storage area and then to the east of that is a 306 square foot open storage area, again, also for wood storage. MR. TRAVER-Okay. Thank you. Good evening. Could you introduce yourself for the record and tell us about your project? MR. CHASE-Rick Chase, R.L. Chase Builders. Basically just a couple of small additions for cold storage and wood storage. MR. TRAVER-Okay. Well I know we share one concern with this project and application. Will it have any impact on the kitchen? MR. CHASE-Absolutely not. 8 (Queensbury Planning Board 05/29/2019) MR. TRAVER-Okay. Then I’ll open it up to questions, comments from members of the Planning Board. It seems fairly straightforward. It’s just keeping the fireplace going and adding some cold storage. MS. WHITE-No lighting in the area, additional lighting? MR. CHASE-In the cold storage? Not exterior. MS. WHITE-Not exterior. MR. CHASE-Nothing exterior, no. MR. VALENTINE-Laura, the only thing I had was making sure that on your notes, the square footage matches up with the resolution you have and the other materials. The notes recognizes 658 square feet. The resolution says 24 and on the front page of your notes, it’s just got that area, it’s eight by thirty-four feet. In the notes you’ve got it nine by. I’m just thinking if somebody comes back at some point. MR. CHASE-It’s eight. MR. VALENTINE-No, it is eight. It shows it on the plans, but I’m just saying the notes that would be in her records somewhere. MRS. MOORE-So that’s eight feet. That’s fine. MR. TRAVER-And what does the resolution say? MR. VALENTINE-The resolution’s got the right square footage. It’s just ‘m saying if she keeps records, has notes and stuff and goes back at some point. MR. TRAVER-Nice catch. Okay. Are there other questions, comments for the applicant? We do have a public hearing on this application. Is there anyone in the audience that wanted to address the Planning Board? Yes, sir. PUBLIC HEARING OPENED JEFF HOLBERG MR. HOLBERG-My name is Jeff Holberg. I own the property next door, Fish 307, and I just got this in the mail the other day. So I came up here to find out what it was, but based on the pictures there’s three areas that we’re adding to. Is that right? MR. TRAVER-Two. MR. HOLBERG-Two. Just the back and the south side, east side and the south side. Because I see the hatched marks. MR. CHASE-That’s the bathroom I did in ’95. MR. HOLBERG-Okay. That was pretty much, I just wanted to know if they were adding, going to the north because of the parking lot. That was it. MR. TRAVER-Okay. Thank you very much. Is there anyone else that wanted to comment on this application to the Planning Board? I’m not seeing any hands. Laura, are there any written comments? 9 (Queensbury Planning Board 05/29/2019) PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. Then we’ll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-And if there are no other questions from members of the Board, we’ll entertain a motion. RESOLUTION APPROVING SP # 28-2019 RICHARD CHASE, LOG JAM RESTAURANT 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 a 624 sq. ft. addition to an existing 8,002 sq. ft. restaurant building for cold storage and additional wood storage. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, 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 opened a public hearing on the Site plan application on 05/29/2019 and continued the public hearing to 05/29/2019, 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 05/29/2019; 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 28-2019 RICHARD CHASE, LOG JAM RESTAURANT, Introduced by David Deeb who moved for its adoption. Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted 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 th Motion seconded by Chris Hunsinger. Duly adopted this 29 day of May, 2019 by the following vote: AYES: Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Traver NOES: NONE 10 (Queensbury Planning Board 05/29/2019) MR. TRAVER-You’re all set. Good luck. The next item on our agenda under New Business is Aldi, Inc., Site Plan 30-2019. SITE PLAN NO. 30-2019 SEQR TYPE: TYPE II. ALDI, INC. AGENT(S): APD ENGINEERING & ARCHITECTURE OWNER(S): UPPER GLEN STREET ASSOCIATES ZONING: CI. LOCATION: 763 UPPER GLEN STREET. APPLICANT PROPOSES TO RE- USE AN EXISTING 31,754 SQ. FT. BUILDING FOR ALDI’S STORE USING 25,215 SQ. FT. AND A VACANT TENANT SPACE OF 6,539 SQ. FT. THE APPLICANT PROPOSES AN UPDATE TO THE PARKING AREA WITH NEW CURBING AND IMPROVED PARKING TO THE NORTH OF THE BUILDING. IN ADDITION, NEW FAÇADES AND COLOR SCHEME ARE PROPOSED. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE, COMMERCIAL CONSTRUCTION SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 9-1996 ALB. PUBLIC MARKET, 2002-365 TOYS R US ALT.; DEMO 0195-2019. WARREN CO. REFERRAL: MAY 2019. LOT SIZE: 3.249 ACRES. TAX MAP NO. 302.6-1-27. SECTION: 179-3-040. CHRIS KAMBAR & JONATHAN ECKMAN, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-The applicant proposes to re-use an existing 31,754 square foot building for an Aldi’s store, using 25,215 square feet and a vacant tenant space of 6,539 square feet. The applicant proposes an update to the parking area with new curbing and improved parking to the north and in addition new façade and color schemes are proposed. That’s it. MR. TRAVER-Okay. Good evening. MR. KAMBAR-Good evening. My name’s Chris Kambar. I’m with APD Engineering and Architecture and also with me is Jonathan Eckman with Aldi. We’re here tonight to talk about the re-model of the existing and vacant Toys R Us building located at 763 Upper Glen Street. Most of our improvements to the building will be to transfer the existing retail space or at least portion of the existing retail space into an Aldi food store with an adjacent tenant space. The Aldi food store is going to be close to 22,000 square feet and the adjacent tenant space is about 9800 square feet, the remainder. The building itself is about 25,000 plus or minus square feet. MR. SHAFER-Could you repeat those figures again? MRS. MOORE-Yes, I see that now. MR. DEEB-They aren’t the same. MR. KAMBAR-I’ve got the Aldi’s space is 21,926 square feet. It was inadvertently labeled as 25,215. MR. DEEB-So what’s the tenant space? MR. KAMBAR-The tenant space is 9,800. MS. WHITE-What’s the current Aldi’s space? MR. ECKMAN-About 22,000. MS. WHITE-Where it is right now? 11 (Queensbury Planning Board 05/29/2019) MR. ECKMAN-Currently? That’s about 15,500 I believe. The total building square footage is 31,754. MR. VALENTINE-Can you do one more repeat? MR. KAMBAR-Sure. MR. VALENTINE-Of the larger. MR. ECKMAN-Yes, 21,926. Okay. So most of the improvements are internal to the building. The entire façade is going to be re-done. The glass is going to be re-done. The elevation down at the bottom there. So that’s what we’re transforming the existing building into. Color scheme, the canopies and the tower itself. So you’ll have the main building Aldi, and the tenant space off to the left. The majority of the work outside the building, the site work, consists of re-aligning the parking area to have better traffic flow. Currently as you pull in the driveway people are able to make an immediate left in the side, and if they can’t they can stop. So we thought better traffic flow would be if we had people come all the way into the site before they can make a left and then the entrances to the Aldi parking lot are closer to the building. So that should help traffic circulation. As well as leaving the site to get to the red light and make a left hand turn, they’ll have more of a stacking distance for people to be able to make a left and get into that stack. We are revising the ADA parking. Currently the ADA parking does not meet ADA standards. The slopes are greater than two percent coming from the building and out to the parking area. So we’re going to do an overlay of the parking area and bring those up to Code, up to ADA standards. We’re going to have a cross walk and striping, and I believe ramps in the concrete area. We’re also adding additional landscaping and landscape area. Currently there’s 12.6 percent permeable area and we’re going to get that to about 12.7. It’s very minimal, but it’s a slight increase. Existing parking, there are 123 existing parking spaces and we’re proposing 135. So we’ll have more parking under proposed conditions based on the configuration, the parking layout and we’re meeting all of the setbacks, the front, side and rear building setbacks, as well as the height of the building. Maximum height allowed is 40 feet and we’re actually proposing 33.75 approximately. Loading area is to the rear of the building as well as the proposed dumpster area. So those will remain behind the building and hidden from public view. There’s two current loading docks side by side in the back of the building. Because of the way the building is being broken up we’re going to brick up one of them, so to speak, and move it over into the tenant space. So the tenant space will have their own loading dock. This way we can keep the two buildings separate, separate operations. There doesn’t need to be any hallways or anything. Signage, we’re proposing one new 10 by 12, 120 square foot Aldi’s logo sign on the building. The tenant space sign is approximately 51 square feet. There’s no sign proposed at this time. We’re just saying that based on the setback of the building and the allowable square footage per signage they’re allowed about 51 square foot sign for their tenant space. The freestanding sign, we’re going away from the large Toys R Us pylon sign and we’re going to put in a ground mounted sign with Aldi sign on the top and the tenant sign on the bottom. The Aldi sign is 42 square feet and we’ll give the tenant space about 12 square feet as a tenant. MR. VALENTINE-Same location? MR. ECKMAN-Same location. It would be 26 feet off the right of way. And I have pictures of that. The sign will be right behind the car down on the bottom picture in the center. That is the proposed ground mounted sign. Water, there’s an existing six inch water line that services the building. We’re going to be splitting off two domestic, two inch size domestic services to service the tenant space and the Aldi. There’s going to be a separate fire and sprinkler inside the building. Same for the tenant space. All new fire sprinkler system in the building interior. All the other utilities are proposed to be re-used. We’ll be splitting off between Aldi and the tenant space. At this point we’ve deferred to Town 12 (Queensbury Planning Board 05/29/2019) Staff. We’re informed no variances are required as part of this project. There’s a couple of pre-existing, nonconforming conditions, one being the permeability and the other being the parking, and at this time, after meeting with Staff, we don’t need any variances for t those. Lighting, currently we’re showing 29 foot tall poles there, 25 foot pole on a four foot base. We’re going to reduce those to 20 feet per Town comment letter that we did receive. So we’re working with our lighting vendor to meet the min/max ratios and to try to maintain one foot candle in the parking area, but keeping the light poles at a maximum height of 20 feet. The new light poles will be downcast LED lights. MR. HUNSINGER-So, sorry to interrupt. So the lighting plan as submitted will be changed? MR. ECKMAN-I think the light poles themselves are pretty close to the location. They’ll just be 20 feet tall. MR. HUNSINGER-You don’t foresee any change in the numbers that are provided in lumens, for the ratios? MR. TRAVER-Well the fixtures aren’t changing, just the height. Correct? MR. ECKMAN-Correct. The location of all the fixtures will remain the same. We’ll reduce it to a 16 foot pole with a four foot base. MR. KAMBAR-With the building lighting on the exterior of the building having been factored into that. So the illumination on the site will be sufficient. MR. HUNSINGER-Yes, usually when you reduce the height of the pole you have to put in more poles to cover the parking area. MR. ECKMAN-Yes. Based on our analysis, there’s small pockets where the crossover doesn’t quite hit. Not quite what we would want to see necessarily but again the lighting plan does not take into account the street lighting nor does it take into account the building wall mounted lighting which would be substantial. The illumination in those areas would be sufficient. Just being in a city you get a lot of ambient light. MR. HUNSINGER-Yes. MR. DEEB-What are your hours? MR. ECKMAN-The hours are going to be maintained the same. They are, depending on, I believe operations is nine a.m. to eight p.m. currently. Some stores stay open later. MS. WHITE-I’m pretty sure it closes at eight. MR. ECKMAN-I’m pretty sure Queensbury does, yes. MR. TRAVER-You’re going to be continuing existing operations at the current store? MR. ECKMAN-We would be. We would simply close one night and be open in that facility the next morning. MR. TRAVER-I wouldn’t want to be working for you that day. MR. ECKMAN-My hope is that I can start construction a week from Monday, which would put me on track for a November opening. I would love to get open in the new facility before kind of that holiday rush. So that’s where I’m at timewise. 13 (Queensbury Planning Board 05/29/2019) MR. HUNSINGER-I think what you’re proposing is a major improvement over what’s there. I really didn’t see anything I had a problem with. Traffic circulation, the layout that you’ve proposed is such a dramatic improvement. MS. WHITE-Signage as well. MR. VALENTINE-Can you tell me, back on the one sheet, the signage, the pylon sign that you mentioned before, one sheet says remove pylon sign, and yet you said you’re going to keep that pylon sign. MR. ECKMAN-We’re going to remove the post pylon sign with the Toys R Us on it, and that’s quite tall. The sign that we are proposing is considered a monument sign. So it’s ground mounted. It will have two brick columns and a brick base with a small tenant panel and the Aldi panel above that. MR. KAMBAR-Yes, the existing signs are going to be removed and that will be in place of them in relatively the same location. MR. VALENTINE-There’s no need to be able to see underneath that. Obviously you’re at a signalized intersection. MR. ECKMAN-No, it’s set back 26 feet. MR. VALENTINE-I’m just thinking there’s usually a line of traffic there. I’m just wondering, but the turning movements will be taken care of by the signals. We figure with the building signage and being able to see under the trees that sign will be sufficient. MRS. MOORE-Do you have an idea what’s going to happen to the vacant space, then? MR. ECKMAN-I don’t. It’s currently listed by my brokers. So we’re shopping it on the market for sale or lease. So I haven’t heard anything from them yet. MR. DEEB-It’s a pretty good location. MR. ECKMAN-It is. We were trying our best to work within the means of that, but the sales floor square footage and the size that we’re being asked to get our buildings up to, the parking constraints were just too much there. MR. TRAVER-Any idea what the disposition of the old building will be after? MR. ECKMAN-Don’t know yet. We’re working on multiple options for sale or lease. MR. MAGOWAN-I was going to say, Trader Joe’s, isn’t that part of you guys? MR. ECKMAN-They are, but they’re kind of like, we’re like cousin that don’t talk. MR. SHAFER-Chris, the northerly driveway, is that going to be continued the way it is now? MR. KAMBAR-Yes. MR. SHAFER-Is that a right turn in, right turn out? MR. KAMBAR-Yes. MR. SHAFER-Did you by any chance look at the trip generation for this new store and compare it to Toys R Us? Do we expect a little more traffic? 14 (Queensbury Planning Board 05/29/2019) MR. KAMBAR-We did not. We didn’t run this by a traffic engineer. What we found, I can say in general, Aldi is more of a quick trip. We’ve found by getting various parking studies and my parking study is just going out to the site and reviewing what happens peak hours during the day, that their trips per hour are anywhere from 25 to 60 in their busier stores. With a typical Aldi store you’re in and out in about an hour. So their store will change over customers in about an hour. Whereas you have a larger grocer or a larger retail facility people may be in there multiple hours and then you have overlapping trip generation. So I don’t, at certain peak hours I think Toy R Us would be busier, especially around the holiday season, but I think in general you just see a consistent flow of cars go in. 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 anyone. Laura, are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-I have no written comments. MS. WHITE-I did want to note the one statement that there will be a net increase in landscaping. MR. ECKMAN-Permeability, yes. We’ll update the plans. MR. TRAVER-So we’re going to close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-This is a Type II SEQR. So no further review under SEQR is required. Other questions, comments for the applicant? MRS. MOORE-Just clarification, can we just go over the square footage again? So I just want to make sure. On the agenda I have 31,754 total building size. Aldi is only using 25,215, but that sounds like. MR. ECKMAN-So the overall building is correct, 31,754. The Aldi’s space is 21,926 and the southerly space is 9,800. MRS. MOORE-Thank you. MR. MAGOWAN-That’s a little bit of a change. MR. TRAVER-We’re ready for a motion. RESOLUTION APPROVING SP # 30-2019 ALDI, 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: Applicant proposes to reuse an existing 31,754 sq. ft. building for Aldi’s store using 21,926 sq. ft. and a vacant tenant space of 9,800 sq. ft. The applicant proposes an update to the parking area with new curbing and improved parking to the north of the building. In addition, new facades and color scheme are proposed. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, commercial construction shall be subject to Planning Board review and approval. 15 (Queensbury Planning Board 05/29/2019) 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 05/29/2019 and continued the public hearing to 05/29/2019, 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 05/21/2019; 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 30-2019 ALDI, INC. Introduced by David Deeb who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted j. stormwater, k. topography, 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. Motion seconded by Jamie White. Duly adopted this 29th day of May, 2019 by the following vote: AYES: Mr. Magowan, Mr. Valentine, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Traver NOES: NONE MR. TRAVER-You’re all set. Good luck. MR. KAMBAR-Thank you. MR. ECKMAN-Thank you very much. 16 (Queensbury Planning Board 05/29/2019) MR. TRAVER-The next item on our agenda is Bruce & Sarah Brown, Site Plan 32-2019. SITE PLAN NO. 32-2019 SEQR TYPE: TYPE II. BRUCE & SARAH BROWN. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 159 ASSEMBLY POINT ROAD. APPLICANT PROPOSES A NEW SINGLE FAMILY HOME WITH A 6,475 SQ. FT. FLOOR AREA AND A 3,025 SQ. FT. FOOTPRINT. PROJECT REQUIRES SITE PLAN FOR NEW DRIVEWAY WITH GREATER THAN 10% SLOPE AND MAJOR STORMWATER FOR SITE DISTURBANCE GREATER THAN 15,000 SQ. FT. PROJECT INCLUDES NEW SEPTIC, AREAS ON SITE FOR SITE DRAINAGE AND EAVE TRENCHES. PURSUANT TO CHAPTER 179-3-040 & 179-6-060 & CHAPTER 147 OF THE ZONING ORDINANCE, DRIVEWAY SLOPES GREATER THAN 10% AND LGP MAJOR STORMWATER SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: 2000326-8562 REPLACE DOCK; 95504-4400 CARPORT; WARREN CO. REFERRAL: MAY 2019. SITE INFORMATION: CEA, APA. LOT SIZE: .99 ACRE. TAX MAP NO. 239.7-1-30. SECTION: 179-3-040, 179-6-060, CHAPTER 147 TOM HUTCHINS, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-Okay. The applicant proposes a new single family home with 6,475 square feet of floor area and 3,025 square foot footprint. The applicant has proposed a driveway that has a 10% slope or greater. Major stormwater for disturbance greater than 15,000 square feet. The plan shows a new septic area as well as new stormwater for the site. MR. TRAVER-Thank you. Good evening. MR. HUTCHINS-Good evening, Board. My name is Tom Hutchins. I do business as Hutchins Engineering. With me tonight are Sarah Brown and Luke Michaels from the Michaels Group who is working on designs for this residence and owner Bruce Brown. We submitted an application for the re-construction at their residence on Assembly Point Road. It’s a .99 acre parcel and there’s an existing, the home with the red log cabin I presume if you’ve been there. It’s proposed to remove the red cabin and construct a new four bedroom residence. The new residence will actually be about at the rear line of the existing cabin. So we’re locating about 26 further away from the road and further away from the lake. We will be re-grading the driveway, we’re going to keep the driveway in its current location but there’s a, I don’t know if you’ve tried to drive in or not, but there’s a pretty good hump pulling in to that driveway and we’re going to knock that hump down from 18% to 12% or so, which will be a nice improvement on the drive, but it will be right in the same footprint and the buffer areas you see with the trees and such off primarily to the left of the driveway are going to remain untouched. The layout is compliant with all of our setbacks, FAR, permeability. We’re not requesting any variances. We believe we’ve laid it out entirely in a compliant manner. We’ve proposed a Presby enhanced wastewater treatment system and it will be slightly crowned. It will be technically a shallow system, and that’s to maintain our required separation to groundwater table and of course stormwater controls have been included in the form of infiltration areas, predominantly to the south and east side of the residence. Luke and his design team have designed a marvelous residence and Luke, anything you want to add? LUKE MICHAELS MR. MICHAELS-Regarding the plans as you see them, if you had any questions regarding finishes or anything like that, I’m happy to answer those questions tonight. Otherwise in our sets itself you have elevations from every angle of the house including the first and 17 (Queensbury Planning Board 05/29/2019) second floor plans for what is proposed there. We have some square footages there. Any other questions. MR. TRAVER-One of the things I noticed that I thought was rather unusual, and it speaks to your planning is the comments from the Town Engineer actually came out and said that in our opinion the proposed driveway is an improvement, and I don’t think I’ve ever seen that before. MR. HUTCHINS-That’s something I can’t take credit for. Actually Lucas in my office did these plans. MR. TRAVER-Questions, comments from members of the Planning Board? MR. SHAFER-Tom, I notice there’s a room off the screened in porch. What is that room? MR. HUTCHINS-I’m going to turn that one over to Lucas. MR. MICHAELS-This is, are you referring to the weight room? MR. SHAFER-Yes. MR. MICHAELS-The weight room was just something that we had come together on this design wise, it’s almost like a getaway room, library of sorts. Some place to shut the doors, close off the noise, just a place to escape. A lot of times, a plan like this, it’s very open, floor plan. A lot of times it’s nice just to have a separate place just to get away, separate from the bedroom and all that. That’s the idea behind that room. MR. SHAFER-We always raise the question because of the issue of the number of bedrooms and the impact on the wastewater treatment system and so on. MR. MICHAELS-And we wouldn’t intend on having any closets in here, any bedroom of any sort, more so of a reading room. It’s actually attached to the master suite. So it’s fully intended to be a room for both Bruce and Sarah to break away to. MR. VALENTINE-That’s what my wife would call a man cave. MR. MICHAELS-Something like that. MR. SHAFER-Tom, talk a little bit about the Presby wastewater system. When I go on their website there’s a sheet that says you’re supposed to be certified to both design and install this system. MR. HUTCHINS-Yes, and we are certified to design and we’ve worked with a number of local installers to do the installation. It’s technically an enhanced sand filtration system. You use concrete sand around the perimeter. MR. SHAFER-Have you done many of these before? MR. HUTCHINS-We’ve done many. MR. MICHAELS-We’ve done one on Cleverdale as well. MR. SHAFER-I noticed from the design, from the table you used the minimum amount of laterals, 143 feet or 146. Typically we always feel more comfortable if there’s a little extra. MR. HUTCHINS-I haven’t looked at it specifically but I will. 18 (Queensbury Planning Board 05/29/2019) MR. SHAFER-Okay. It’s right under minimum amount of laterals, on the tables. MR. HUTCHINS-Well it’s a four bedroom design. That’s what’s required for a four bedroom and if it comes out even we usually break them in to 10 foot, even 10 foot lengths. MR. TRAVER-Can you talk about the shoreline buffering? When you’re done. MR. HUTCHINS-Sure. Yes, length required 163 feet, length provided 168 feet. I mean we’ve met the minimums. MR. SHAFER-And having done them before you’re comfortable with that? MR. HUTCHINS-And having done them before we’re comfortable in this situation considering. Shoreline buffering. There’s a great buffer in place that we’re essentially not touching except to do just a little bit of work on the driveway. If you went there, there’s at least 20 feet between the edge of the road and any turf in the building that has just natural vegetation and there’s some boulders in there and there’s trees and it’s un- manicured natural buffer. There’s also buffer on the other side of the road, although there’s only about six feet from the edge of the road to the lake, but there’s cedar trees, there’s dense natural buffer vegetation on that side that they certainly don’t plan to cut because it provides a buffer from dock activity as well. MR. TRAVER-Okay. There is a public hearing on this application. Is there anyone in the audience that wanted to address the Planning Board on this Site Plan? I’m not seeing anyone. Are there any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-There’s no written comments. MR. TRAVER-Okay. Then we will close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-Other questions, comments from members of the Planning Board? nd MR. VALENTINE-I just had one. Tom, on Chazen’s letter, that was dated May 2, and your plans are dated 4/15, and they made a note, possible re-design for an infiltration area. Is that going to be necessary? MR. HUTCHINS-They made a note, which number are you referring to? MR. VALENTINE-Number Four, the second page. MR. HUTCHINS-No. I can address that with them. We have a test hole in the back of the existing house. Then we have a test hole in the front of the existing house, which is lower in elevation than the back of the existing house. We have a stormwater device that’s going in the area of where the existing house, where we didn’t dig a test hole because there’s a house there. We interpolated groundwater elevations between those two pits and your engineer took exception to our interpolation, which we will address with them. Worst case we have to dig another test hole, but we’re confident that we don’t have an issue with groundwater table separation. MR. TRAVER-Other questions, comments from members of the Board? 19 (Queensbury Planning Board 05/29/2019) MR. HUNSINGER-As you pointed out, your Site Plan meets all the required setbacks and thresholds. The big concern up there, of course, is with stormwater, and I mean, I don’t live up there. I don’t go up there except for site plan visits, and there’s been many times when I’ve seen water sheeting down the lawns across the road and into the lake. So I’m glad to see that you’re addressing those concerns and the engineer’s reviewed the plans, because to me that’s really the biggest issues. MR. HUTCHINS-Yes, and we’ve addressed those as best we can. If you read stormwater regulations letter by letter, you can’t have any stormwater device that serves a driveway within 100 feet of the lake. Well we’ve got a driveway that’s about 30 feet from the lake. So we’ve done something here that I think passes the commonsense test and that’s good that they’ve acknowledged that, I think. MR. TRAVER-Anything else? I guess we’re ready to hear a motion. RESOLUTION APPROVING SP # 32-2019 BRUCE & SARAH BROWN The applicant has submitted an application to the Planning Board: Applicant proposes a new single family home with a 6,475 sq. ft. floor area and a 3,025 sq. ft. footprint. Project requires site plan for new driveway with greater than 10% slope and major stormwater for site disturbance greater than 15,000 sq. ft. Project includes new septic, areas on site for site drainage and eave trenches. Pursuant to Chapter 179-3-040 & 179-6-060 & Chapter 147 of the Zoning Ordinance, driveway slopes greater than 10% and LGP major stormwater 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 and continued the public hearing to, 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; 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 32-2019 BRUCE & SARAH BROWN. Introduced by David Deeb who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1. Waivers requested granted g. site lighting, h. signage, n traffic, o. commercial alterations/ construction details, r. construction/demolition disposal s. snow removal; 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; 20 (Queensbury Planning Board 05/29/2019) 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 th Motion seconded by Jamie White. Duly adopted this 29 day of May, 2019 by the following vote: AYES: Mr. Valentine, Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Traver NOES: NONE MR. TRAVER-You’re all set. MR. HUTCHINS-Thank you. MR. MICHAELS-Thank you. MR. TRAVER-The next item on our agenda is John & Ellen Verdi, Site Plan 33-2019 and Freshwater Wetlands Permit 2-2019. SITE PLAN NO. 33-2019 FRESHWATER WETLANDS PERMIT 2-2019 SEQR TYPE: TYPE II. JOHN & ELLEN VERDI. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING: RR-5A & LC-10A LOCATION: RIDGE ROAD – STATE RT. 9L APPLICANT PROPOSES A NEW SINGLE FAMILY HOME APPROXIMATELY 4,800 SQ. FT. FOOTPRINT. PROJECT INVOLVES WORK WITHIN 100 FT. OF WETLANDS. THE PROJECT IS A MAJOR STORMWATER FOR SITE DISTURBANCE GREATER THAN 15,000 SQ. FT. PURSUANT TO CHAPTER 147 & CHAPTER 94 OF THE ZONING 21 (Queensbury Planning Board 05/29/2019) ORDINANCE, MAJOR STORMWATER WORK WITHIN 100 FT. OF A WETLAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 48-2005, SB 18-2004, SB 2-2005 – ALL FOR 4 LOT SUBDIVISION OF PARCEL. WARREN CO. REFERRAL: MAY 2019. LOT SIZE: 555.74 +/- ACRES. TAX MAP NO. 240.-1-49. SECTION: CHAPTER 147 & CHAPTER 94. LUCAS DOBIE, REPRESENTING APPLICANT, PRESENT; JOHN VERDI, PRESENT MR. TRAVER-Laura? MRS. MOORE-The applicant proposes a new single family home approximately 4,800 square feet. The project involves work within 100 feet of a wetlands. The project is a major stormwater for site disturbance greater than 15,000 square feet. The applicant has shown two driveway accesses and the home is to be built into the topography of the site. The applicant indicated that there’s previous logging on the site, so that’s why those driveway areas were existing logging or skidder trails. MR. TRAVER-Okay. Thank you. Good evening. MR. DOBIE-Good evening, thank you, Mr. Chairman, Board. For the record Lucas Dobie with Hutchins Engineering. Landowners and applicants John and Ellen Verdi and their daughter Jessie. They presently live downstate. They do own a home near Lake George Village, and they’re looking to build their year round home on the 105 plus acre parcel that they bought in 2014, which is 55 acres plus in Queensbury and approximately 48 in Washington County, basically up to the summit of the mountains there. So our quick little color rendering pretty much tells the story. It’s a very simple project for the size of the parcel, a good size home and basically re-development of a logging road and walking trail to their driveways, and why two driveways is the obvious question. With a driveway with the main truck road from, the previous owner logged the parcel extensively, but it does not provide very good sight distance to the south. We’re not comfortable using that as the permanent driveway for safety reasons and the southerly driveway is proposed to be gravel surfaced and brought up to the driveway standards. Minimal clearing to bring the driveway up to standards, and Mr. Verdi did work with DOT in 2014 for the southerly driveway which presently has installed a 36 inch culvert and an apron. So obviously we’ll have to go back to DOT to get their blessing to update it for the proper sub basin, and finally as you may recall, I believe Mr. Hunsinger may recall and possibly Mr. Chairman, from the 2005 previous proposed a four lot subdivision of the parcel, which made it to two or three meetings and ran out of steam or what not, but they had to shift. The site work is pretty straightforward to bring the roads up to standard, provide stormwater management. For those driveways with basins out in the woods, perm basins like we typically do to minimize clearing and disturbance. Due to the shallow bedrock, pretty significant filling around the house so you’re aware of that. Fair amount of truck traffic. The sand pits are just below 149 on Brayton Road. So there’s a fair amount of trucking. Mr. Verdi is aware of the cost of that. We have a nice project and we’re here to ask for your approval so we can get this going this summer, and thank you. MR. TRAVER-Questions from members of the Planning Board? MR. SHAFER-I have a question about how many bedrooms. I guess I counted them. JOHN VERDI MR. VERDI-Just two bedrooms. MR. DOBIE-Two bedrooms and I believe we were upsized to at least three possibly four on our septic. Three bedroom design we upsized it to an upsized septic tank. 22 (Queensbury Planning Board 05/29/2019) MR. MAGOWAN-That would be a nice slice of heaven in the woods. MR. VERDI-I’m hoping. MR. MAGOWAN-Welcome to the north. MR. SHAFER-The house either to the south or to the north has a driveway sign on 9L? Have you talked to DOT about that possibility for your driveways? MR> VERDI-The south side? That’s where I put the apron in, the 36 inch culvert. MR. SHAFER-No, my point is there is a driveway sign on 9L approximately where your property is, maybe for the house to the north or to the south, I’m not sure. MS. WHITE-You mean alerting traffic that there’s potential people coming out? MR. SHAFER-Yes. MR. VERDI-Well there was a serious accident north of me. The wife was t-boned there and actually he came over and spoke to me about that and when I backed in that day I went to back out and it’s a short turn coming around that corner. That’s why we came up with the other driveway. That was on the original plans for the four lot subdivision. MR. SHAFER-My point is there’s a manual of uniform traffic control device’s sign. It has a vertical black side bar and underneath it it says driveway to alert motorists that there’s a driveway ahead that might not have the proper sight distance. Did you talk to DOT about the possibility of a driveway sign? MR. DOBIE-They didn’t see any issues. MR. VERDI-And I didn’t notice any sign on the road. MR. SHAFER-There’s one either to the house to the north or to the south. I noticed it today. MR. VERDI-I would imagine it would be south because the northbound lane is the one that’s the problem. Someone should be warned before coming around. . MR. TRAVER-There is 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 anyone. Laura, are there any written comments? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-All right. Then we’ll close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-This is also a SEQR Type II so no SEQR is required. Other questions, comments from members of the Board? All right. Then I guess we’re ready for a motion. RESOLUTION APPROVING SP # 33-2019 JOHN & ELLEN VERDI 23 (Queensbury Planning Board 05/29/2019) The applicant has submitted an application to the Planning Board: Applicant proposes a new single family home approximately 4,800 sq. ft. footprint. Project involves work within 100 ft. of wetlands. The project is a major stormwater for site disturbance greater than 15,000 sq. ft. Pursuant to Chapter 147 & Chapter 94 of the Zoning Ordinance, major stormwater 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 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 05/29/2019 and continued the public hearing to 05/29/2019, 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 05/29/2019; 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 33-2019 & FRESHWATER WETLANDS PERMIT 2-2019 JOHN & ELLEN VERDI. Introduced by David Deeb who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1. Waivers requested granted- g. site lighting, h. signage, n traffic, o. commercial alterations/ construction details, 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) 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; 24 (Queensbury Planning Board 05/29/2019) 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 th Motion seconded by Brad Magowan. Duly adopted this 29 day of May, 2019 by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver NOES: NONE MR. TRAVER-You’re all set. MR. DOBIE-Thank you very much. MR. VERDI-Thank you. MR. TRAVER-Do we have any other business before the Planning Board this evening? I’m not hearing anything. I’ll entertain a motion to adjourn. MR. DEEB-Motion to adjourn. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF MAY 29, 2019, Introduced by David Deeb who moved for its adoption, seconded by John Shafer: th Duly adopted this 29 day of May, 2019, by the following vote: AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver NOES: NONE MR. TRAVER-We stand adjourned. Thanks, everybody. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver, Chairman 25