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2009.12.15 (Queensbury Planning Board 12/15/09) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING DECEMBER 15, 2009 INDEX Site Plan No. 46-2008 Angio Dynamics 1. Freshwater Wetlands 13-2008 Tax Map No. 290.-1-7, 8; 297.8-1-10 Site Plan No. 29-2009 Pyramid Co. of Glens Falls/NEWCO 3. Tax Map No. 302.5-1-92.4, 92.11, 93.1 Site Plan No. 59-2009 Jerry Brown’s Auto Parts 3. Tax Map No. 303.19-1-49 Subdivision No. 7-2009 Ernest Burnell 7. SKETCH PLAN Tax Map No. 278.-1-21 Site Plan No. 60-2009 The Golub Corporation 12. Tax Map No. 302.10-1-7 Site Plan No. 61-2009 Outback Steakhouse 25. Tax Map No. 296.13-1-17 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 0 (Queensbury Planning Board 12/15/09) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING DECEMBER 15, 2009 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN GRETCHEN STEFFAN, SECRETARY DONALD SIPP STEPHEN TRAVER DONALD KREBS THOMAS SEGULJIC THOMAS FORD LAND USE PLANNER-KEITH OBORNE STENOGRAPHER-SUE HEMINGWAY th MR. HUNSINGER-I’ll call to order the 27 meeting of the Town of Queensbury Planning Board on Tuesday, December 15, 2009. APPROVAL OF MINUTES October 20, 2009 October 27, 2009 MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES THTH OF OCTOBER 20 AND OCTOBER 27, 2009, Introduced by Gretchen Steffan who moved for its adoption, seconded by Donald Krebs: th Duly adopted this 15 day of December, 2009, by the following vote: AYES: Mr. Traver, Mr. Sipp, Mr. Seguljic, Mr. Ford, Mr. Krebs, Mrs. Steffan, Mr. Hunsinger NOES: NONE MR. HUNSINGER-The next item on the agenda is Election of Officers. At the pleasure of the Board, I would like to move that to last on the agenda. MRS. STEFFAN-Okay. MR. KREBS-Fine. ADMINISTRATIVE ITEM: SITE PLAN 46-2008: ANGIO DYNAMICS MR. HUNSINGER-Any further information, Keith, than what was in the Staff Notes? MR. OBORNE-Just what’s there. They have withdrawn their application. The world headquarters will not be in Queensbury. MRS. STEFFAN-Okay. MOTION TO DENY WITHOUT PREJUDICE SITE PLAN NO. 46-2008 & FRESHWATER WETLANDS PERMIT 13-2008 ANGIO DYNAMICS, Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: On November 18, 2008 the Planning Board passed a resolution seeking Lead Agency status for Site Plan 46-2008 and Freshwater Wetlands 13-2008 for Angio Dynamics; and There has been no activity associated with this application since that date; and On November 18, 2009 the Planning Office received a letter dated November 6, 2009 from US Army Corps of Engineers closing their files based on an e-mail received from Randy Bodkin of Angio Dynamics [see attached letter]; and 1 (Queensbury Planning Board 12/15/09) THEREFORE, LET IT BE RESOLVED, MOTION TO DENY WITHOUT PREJUDICE SITE PLAN NO. 46-2008 & FRESHWATER WETLANDS PERMIT 13-2008 ANGIO DYNAMICS, Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: According to the resolution prepared by Staff. th Duly adopted this 15 day of December, 2009, by the following vote: MR. FORD-I have a question. On both this one and the next one on our agenda. It’s just semantics, but is it appropriate to accept the withdrawal rather than deny without prejudice? MR. OBORNE-I think you can go either way. I think denying without prejudice is cleaner. MR. FORD-Is it? MR. OBORNE-Yes, that’s why we put it in the resolution. I mean, if you’re more comfortable to just accept the withdrawal, that’s fine. They’re not coming back either way. MR. FORD-Right. MR. HUNSINGER-Yes. MR. TRAVER-Although denying with prejudice gives him the opportunity to re-apply. MR. OBORNE-That’s true. MR. FORD-Well, couldn’t they do that anyway? MR. OBORNE-Well, they’d have to re-submit a new plan. MR. FORD-Sure. MR. OBORNE-Either way. MR. TRAVER-Yes. MR. OBORNE-Now, by denying without prejudice is a defacto accepting of their withdrawal. MR. FORD-It’s a matter of semantics. I just found both of these motions having a negative connotation, and I just would prefer to accept it, but I certainly can live with it either way. MR. HUNSINGER-Okay. Well, we really didn’t get a letter from Angio Dynamics requesting the withdrawal. MRS. STEFFAN-No, but they did send one to the DEC. MR. HUNSINGER-DEC. Was that the primary issue? MR. OBORNE-Yes. MR. HUNSINGER-That’s what killed the project. MR. OBORNE-No. I don’t think they were going to build it. I think the economy killed the project. MR. HUNSINGER-Okay. MR. KREBS-And I think they also, it was in the paper a couple of months ago, that they rented space for their world headquarters in Albany because they wanted to be closer to an active airport. MR. OBORNE-Correct. 2 (Queensbury Planning Board 12/15/09) MR. HUNSINGER-Okay. AYES: Mr. Sipp, Mr. Seguljic, Mr. Ford, Mrs. Steffan, Mr. Krebs, Mr. Traver, Mr. Hunsinger NOES: NONE SITE PLAN 29-2009: PYRAMID CO. OF GLENS FALLS MR. HUNSINGER-And then we have a similar motion for the Pyramid Company of Glens Falls, Site Plan 29-2009. The applicant has asked to withdraw their application. MRS. STEFFAN-Okay. Then I’ll make a motion. MOTION TO DENY WITHOUT PREJUDICE SITE PLAN NO. 29-2009 PYRAMID CO. OF GLENS FALLS/NEWCO, Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: 1.A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes construction of a 10,950 sq. ft. mixed use building. New Commercial construction in the ESC zone require Planning Board review and approval; and 2.A public hearing was advertised and held on 6/16/2009 and the application was tabled to 8/18/09; and 3.On 8/18/09 the application was tabled to 10/20/09 with a submission deadline of 9/15/09; and 4.There was no response by the applicant by 9/15/09 and Staff subsequently contacted the applicant/agent requesting a letter regarding the status of the project; and 5.Please see the attached letter dated 9/25/09 from Jonathan Lapper; and 6.Subsequent to that on October 20, 2009 the application was tabled to December 15, 2009 requesting information by November 16, 2009; to date no new information has been received; and 7.On November 23, 2009 a letter was received from Stefanie Bitter of Bartlett Pontiff Stewart & Rhodes withdrawing the application without prejudice; therefore, be it resolved; 8.MOTION TO DENY WITHOUT PREJUDICE SITE PLAN NO. 29-2009 PYRAMID CO. OF GLENS FALLS/NEWCO, Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: According to the resolution prepared by Staff. th Duly adopted this 15 day of December, 2009, by the following vote: AYES: Mr. Sipp, Mr. Seguljic, Mr. Ford, Mr. Krebs, Mrs. Steffan, Mr. Traver, Mr. Hunsinger NOES: NONE SITE PLAN NO. 59-2009 SEQR TYPE: II JERRY BROWN’S AUTO PARTS OWNER(S) SAME ZONING CLI LOCATION 26 LOWER WARREN STREET APPLICANT PROPOSES CONSTRUCTION OF A 900 SQ. FT. STORAGE BUILDING. CHANGES TO AN APPROVED SITE PLAN IN A CLI ZONE REQUIRE PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 54-05, SP 16-02, SP 19-92, UV 40-92 WARREN CO. PLANNING 12/9/09 APA, CEA, DEC, ACOE, OTHER NWI WETLANDS LOT SIZE 13.79 +/- TAX MAP NO. 303.19-1-49 SECTION 179-9 STEFANIE BITTER, REPRESENTING APPLICANT, PRESENT MRS. STEFFAN-Mr. Chairman, I need to recuse myself due to a professional business association with this applicant. 3 (Queensbury Planning Board 12/15/09) MR. HUNSINGER-Okay. Thank you. Keith, whenever you’re ready to summarize Staff Notes. MR. OBORNE-Site Plan 59-2009. This is a modification to Site Plan 54-2009, Jerry Brown’s Auto Parts. That is the applicant. Requested Action: Site Plan approval for new accessory structures in the CLI zone. The location is 26 Lower Warren Street. This is in the CLI, Commercial Light Industrial zone, in the Town of Queensbury. It’s a Type II SEQRA. No further review is necessary. Project Description: Applicant proposes construction of a 900 sq. ft. storage building. The applicant proposes to store site maintenance equipment and tools. No heating or electricity is proposed. Staff Comments: There currently exists a concrete pad located in the area that the storage shed will be placed. There will be no change to the permeability of the site. Plan Review, there’s really no immediate issues. Just maybe some clarification on which building is going to be going up, and then as you see in your plans, there’s seems to be a more of a rectangular building, but this is really a square building. Also, interior lighting should be considered for safety purposes as this is a 900 square foot storage structure, and again, the Planning Board may wish to direct the applicant to clarify the size of the building, which building is going to be erected. MR. HUNSINGER-Okay. Thank you. Good evening. MS. BITTER-Good evening. Stefanie Bitter on behalf of Jerry Brown’s Auto Parts as the applicant’s attorney. Mr. Brown is out of town this evening. This project moves with Larry Brown’s plan to make the site more attractive and to eliminate as much outdoor storage as he can. As you know, we’re proposing to construct a 900 square foot storage building which is essentially like a large carport as the plans demonstrate. The building will be constructed north of the existing garage and actually on an existing concrete pad. Visibility of the building will be protected by the existing gate, the existing garage and existing retaining walls. The height, as noted in the plan, is 30 feet. As you’re aware, 60 feet is allowed. The building will be used, as demonstrated, for storage, snow blowers, lawnmowers, equipment of the site, generators, Billie goats, maintenance equipment, and they have a great deal of palettes which they use for storage purposes as well. This will help protect them from the weather. No change in stormwater as Tom Jarrett, the project engineer, identified in an e-mail due to the fact that the concrete pad was already incorporated in the stormwater calculations from the previous plan. No impact on water and sewer. In response to Staff comments, the elevations are for a standard carport and some modifications had been made, as the invoice demonstrates. Relative to the doors, they’re proposing to have two overhead doors or roll up doors when viewing it from the front of the building, with a walk-in door in the middle of that front view, with another walk-in door in the back of the building as well, and the building is for daytime use only. Cold storage, so no lighting is being proposed. MR. HUNSINGER-Okay. Is that it? MS. BITTER-Yes. MR. HUNSINGER-Questions, comments from members of the Board? MR. TRAVER-I understand that the intent for daytime use only, although it would seem that you might want to consider some lighting, if only for safety purposes, particularly when you have heavy equipment in there and so on. I’m not sure if there are, if there’s a requirement for exit lights in the event of fire, something like that, but just, even, I can tell you from walking around in my own garage that, even in the daytime on a cloudy day, it can be, you know, a bit of an issue. MS. BITTER-I can definitely bring that to Larry’s attention. MR. HUNSINGER-Anything else from the Board? MR. SEGULJIC-No, it seems pretty straightforward to me. MR. HUNSINGER-Yes. MR. FORD-Yes. MR. HUNSINGER-Okay. We do have a public hearing scheduled. Is there anyone in the audience that wants to address the Board on this project? I’ll open the public hearing. 4 (Queensbury Planning Board 12/15/09) PUBLIC HEARING OPENED MR. HUNSINGER-Are there any written comments, Keith? MR. OBORNE-No, sir. MR. HUNSINGER-Okay. Let the record show that there were no commentors, and I will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-Any other questions, concerns? How about the color, is it going to match the existing buildings? MS. BITTER-I believe so. I’m not exactly sure of the color. MR. HUNSINGER-Okay. MR. OBORNE-That was my understanding with discussions with the applicant that it will. MR. HUNSINGER-Okay. MR. OBORNE-I will admit, it’s a pretty tight site for what it is. It really is. Just clarification on what building’s going up is the main issue at this point. MR. HUNSINGER-Okay. It’s a Type II SEQRA. So I guess I would entertain a motion if there’s no questions or comments. MR. SEGULJIC-With regards to requesting waivers for stormwater management, grading, landscaping and lighting, right? I assume no one has a problem with that. MR. HUNSINGER-Yes, they’re not adding anything. MR. SEGULJIC-Okay. All right. MOTION TO APPROVE SITE PLAN NO. 59-2009 JERRY BROWN’S AUTO PARTS, Introduced by Thomas Seguljic who moved for its adoption, seconded by Thomas Ford: 1.A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes construction of a 900 sq. ft. storage building. Changes to an approved site plan in a CLI zone require Planning Board review and approval. 2.A public hearing was advertised and held on12/15/09; and 3.This application is supported with all documentation, public comment and application material in the file of record; 4.MOTION TO APPROVE SITE PLAN NO. 59-2009 JERRY BROWN’S AUTO PARTS, Introduced by Thomas Seguljic who moved for its adoption, seconded by Thomas Ford: According to the resolution prepared by Staff. Number Four A complies, Four B is a Type II action. That the following waivers will be granted for stormwater management, grading, landscaping, and lighting plans. a)Pursuant to relevant sections of the Town of Queensbury Zoning Code [Chapter 179], the Planning Board has determined that this proposal complies with the requirements as stated in the Zoning Code; and b)This is a Type II action-no further review needed; and 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. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. Subsequent issuance of 5 (Queensbury Planning Board 12/15/09) further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; and d)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; and e)If applicable, Item d to be combined with a letter of credit; and f)The Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; and g)Waiver requests granted: stormwater mgmt., grading, landscaping & lighting plans; and h)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. i)Engineering sign-off required prior to signature of Zoning Administrator. j)The applicant shall submit a copy of a NOI [Notice of Intent] SWPPP [Stormwater Pollution Prevention Plan] & NOT [Notice of Termination] - see staff. k)The applicant shall submit a copy of a NYS SPDES [State Pollution Discharge Elimination System]. l)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. th Duly adopted this 15 day of December, 2009, by the following vote: MR. HUNSINGER-Do we want to stipulate the building color or is it pretty clear that they intend to make it gold to match? MR. OBORNE-If the Board is more comfortable, you may want to direct them to match the color with the existing building, or some shade close. MR. HUNSINGER-Yes. MR. KREBS-From looking at the site personally myself, you can, I don’t even know if you’re going to be able to see the building. MS. BITTER-No. It’s really going to be in the closed in area. MR. HUNSINGER-Right. MR. KREBS-So the color is really not a major thing. MR. OBORNE-I was thinking of the airplanes. MS. BITTER-Well, if you’ve ever been in their store, they do have the aerials above. So I’m sure they’re concerned as well. MR. SEGULJIC-I can go either way on it. If the Board feels strongly about it. I think he’d want to make it look good. MR. HUNSINGER-Yes, absolutely. Okay. AYES: Mr. Traver, Mr. Krebs, Mr. Sipp, Mr. Seguljic, Mr. Ford, Mr. Hunsinger NOES: NONE ABSENT: Mrs. Steffan MS. BITTER-Thank you. 6 (Queensbury Planning Board 12/15/09) MR. HUNSINGER-You’re all set. Thank you. MS. BITTER-Did that motion include the color stipulation? MR. HUNSINGER-It did not. MS. BITTER-Okay. I just wanted to make sure I could communicate that to the client. Thank you. SUBDIVISION 7-2009 SKETCH PLAN SEQR TYPE N/A ERNEST BURNELL AGENT(S) VAN DUSEN & STEVES OWNER(S) SAME ZONING RR-3A LOCATION 419 STATE ROUTE 149 APPLICANT PROPOSES SUBDIVISION OF A 34.22 +/- ACRES INTO FOUR RESIDENTIAL LOTS RANGING IN SIZE FROM 3.0 TO 21.26 +/- ACRES. SUBDIVISION OF LAND REQUIRES PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE NONE FOUND LOT SIZE 34.22 +/- ACRES TAX MAP NO. 278.-1-21 SECTION A 183 MATT STEVES, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Keith, if you want to summarize your Staff Notes. MR. OBORNE-Subdivision 7-2009. This is a Sketch Plan, Ernest Burnell. This is, requested action is review for subdivision of land. Location is 419 State Route 149. The zoning is Rural Residential Three Acres. SEQRA, there is no SEQRA at this point. Parcel History, no recent history. Project Description: Applicant proposes subdivision of a 34.22 +/- acre parcel into four residential lots ranging in sizes from 3.0 to 21.26 +/- acres. Staff Comments: The parcel proposed for subdivision has approximately 750 feet of frontage on the north side State Route 149. The parcel has an existing single family dwelling on site and will be included in the proposed subdivision. The parcel has many steep slopes and wetlands as noticed on the survey. The applicant does not propose any clearing or grading within 100 feet of the identified wetlands. The parcel is predominantly wooded; however, there does appear to have been some logging on the parcel in recent years, and currently. I discuss the soils. I’m sure the Board’s familiar with these notes. I’ll move on to my Additional Comments. There seems to be a discrepancy with the size of the overall lot as indicated by the Queensbury property description reports that we have. We’d like to get clarification of that. The Sketch Plan indicates two driveways associated with this subdivision. Staff recommends that either the existing driveway be maintained for subdivision access or the existing driveway be decommissioned and access for Lot 1 be utilized from proposed new access drive, and Lot One is the one with the current house on it, and Preliminary Plans should be one to fifty. All steep slopes and wetlands should be qualified and quantified. Engineer of record should be denoted at Preliminary review, and as stated previously, all work appears to be outside of the 100 foot DEC wetland buffer. What follows is the application protocol, and with that I’d turn it over to the Board. MR. HUNSINGER-Okay. Thank you. Good evening. MR. STEVES-Good evening. Matt Steves. I represent Ernest Burnell on this application. As Staff has commented on, this is property on the north side of New York State Route 149. Their first question, as far as the area of the parcel, the tax map incorrectly had it like an “L” Shaped piece of property, and it is not. So there’s that difference of three and a half acres. It is a straight line back. It’s just that the tax mapping department didn’t have any record surveys in that area, and the description for the piece to the east didn’t describe their westerly line very well. MR. HUNSINGER-I saw that in the deed, yes. MR. STEVES-But in surveying it there is, as you can see on the map, there is a substantial tree hedgerow through there, wire fence that’s probably 100 years old, and that stone wall that’s probably 200 years old when it was an old pasture back in there, and there is no question that the property is not the 37 acres as indicated on the tax rolls. Sometimes when you get a survey done, you actually either end up with more or less land than the tax rolls are approximate for taxing purposes, but that is definitely, as you can see on the tax maps, it is not. That’s a straight line back through there. So that would answer that question. As far as the soils and comments that the Staff had, we agree with that. There’s no problem there. As far as the comment number two is the sketch plan for the driveways, again, I have no issues with either scenario. What we were trying to accomplish here is the three new lots off of a shared drive. If anybody’s 7 (Queensbury Planning Board 12/15/09) been to the property, I know Keith has, there’s a drive that exists up through there, and Mr. Burnell would like to use that, obviously just to improve that. Coming in off of the other, that road to the existing house, is not a problem. He’s going to maintain ownership of that house and live there. So that’s not an issue, as you can see coming in that’s not going to be an issue whatsoever. The only thing with that, I’d look at the Board for some direction, is if you go by New York State Realty law, more than three houses on a common drive, then you need to get into an HOA, which would be a simple CPS 7 in this scenario, but you still would have to accomplish that. So, look at some guidance with the Board. I mean, the one Lot Two has substantial enough frontage to have its own frontage on 149, but we’re not going to use that. We want to utilize the three new lots off of the existing road that’s there. Obviously Ernie would prefer just to keep his house separate from the other three, but, you know, looking at it, reviewing the site and going up there yourselves at Preliminary, if that is an issue, we’ll change it. That’s not going to be a stop for this subdivision. As far as the rest of the comments, we don’t have any issues at all. We’ve already done the full topography on the entire site. As you can see, we’re only developing the area short of the little drainage stream that runs through there. It is a seasonal stream. It is not year round, and there’s not DEC or APA wetlands. They’re actually small Army Corps, but we’re still maintaining the 100 foot setback from all of the wetlands that are on the property, and we actually, with Staff, when we first came in and discussed this, we actually re-located the proposed driveway on Lot Four to accommodate no grading anywhere near that area. As I say, he just wants a simple three additional lots, and you can see from the photos, you can see the path where the road goes in the back there. They have logged it I think about 35 years ago, and they have done some selective cutting in the recent I think year or two. That’s been a field there for a long time. If you looked at some of the older photos of the area and like the 40’s State photos, it was about 70% field. Now it’s quite a bit wooded, but as far as the soils and stuff, everything’s fine. Slopes, we have that data on the map but I will actually shade those areas so people can see them. That’s not an issue there. Engineer of record, that’ll either be Tom Nace or Tom Hutchins, depending on which one has the availability in my office to work on it with me next month, and at that point we’ll have one of those two sign the next step when we come in with any kind of stormwater and/or grading for the road, and septic systems. Real quick on the existing driveway, I did a quick profile on the bottom, just to kind of give you an indication of what the existing driveway does. It does come in off of 149 at roughly about five percent, and then if we just cleaned it up a little bit, you can see I think the steepest portion at any point would be just under 10%, and that’s just before the end at the hammerhead, but it does meet all the criteria for, whether it be a Town road, a private road or a driveway, and that’s where it exists right now. So obviously the least amount of impact for the property would be to leave it right where it is now. Yes, there would be some clean up, you know, some surface material put down, and possibly some type of ditch line or some type of stormwater management along that driveway, but the soils in this area are extremely suitable for any type of stormwater controls we wanted to use. I’ll leave it at that. MR. HUNSINGER-Questions, comments from the Board? MR. KREBS-Well, my only comment would be, you know, I would like to see one entrance way rather than two, just because that’s a fairly high speed area on that road, and you want to limit the number of accesses to the road. That would be my only comment. MR. TRAVER-Yes, that was my concern as well. MRS. STEFFAN-Are there any proposed changes on Route 149 in that section? MR. STEVES-They’ve already been completed. What you see on this plan is the appropriation and the construction that’s already taken place. MR. HUNSINGER-Any other questions, comments? MR. SEGULJIC-So you’re going to, in theory, use the existing roadway? MR. STEVES-Correct. MR. SEGULJIC-If I can call it that, and you’ve depicted the grade on that. MR. STEVES-Correct. MR. SEGULJIC-And this portion of 10% you said is past the last house? 8 (Queensbury Planning Board 12/15/09) MR. STEVES-It is just past the last driveway, right actually just coming in to the driveway on Lot Number Four, and then coming back down the hill just before the turnaround at that 1.9% or 2% grade is where the driveway comes in for Lot Three. MR. SEGULJIC-Okay. So you’d have to go up that 10% grade to get to Lot Three. MR. STEVES-Correct. MR. SEGULJIC-And then at the end of the road that’s a turn around, shall we say? MR. STEVES-That’s correct. Since it’s a driveway we just incorporated a “T” turn around. As you can see in the topography, I think there’s a three foot or, you know, maximum grade across it, 100 foot turn around at the end, and it’s basically one there right now where the log trucks had had a staging area. So it’s a perfect spot to leave it. Like I say, it’s the least impact possible for the site is to leave it just the way we have it, and actually the one driveway into which would be Lot Three is basically already cut in there from a path that was done for logging years ago. MR. HUNSINGER-I mean, that was going to be my question, do you even need to have the hammerhead, but if it’s already there, you might as well show it. MR. STEVES-There’s already a landing area there from the header for the skidding operation. So in case an emergency vehicle had to get in there and turn around, it is suitably wide enough for that, and then the hammerhead was there and like I say actually it’s a big, large cleared area. You might as well leave it there. MR. SEGULJIC-What is the grade? What’s the proposed grade look like for Lot Four’s driveway? MR. STEVES-Lot Four’s driveway, that is about a seven percent grade, overall. MR. SEGULJIC-And that does not exist at this point, correct? MR. STEVES-No. MR. SEGULJIC-Okay, and what would the elevation difference be between that proposed lot and 149? MR. STEVES-The house on that lot compared to 149? MR. SEGULJIC-Yes. MR. STEVES-Well, that contour basically runs parallel, you know, and it runs in a north/south direction, and you can see it runs all the way out to 149. That’s at about 275, I believe, 280, and 149 is 280 near the westerly edge, about 290, and about 265, 258 at the easterly edge. MR. SEGULJIC-So it wouldn’t be that great of a difference. MR. STEVES-No. MR. SEGULJIC-Okay. MR. STEVES-I was trying to preserve the area in the back for that, just that Lot Four to own the entire large piece in the back. Keith wants that, by the way. MR. SIPP-Is this driveway going to be paved eventually? MR. STEVES-Potentially it could be paved. I mean, we have to, you know, as far as non-permeable issues, we have to consider it non-permeable whether it be gravel or paved. We would rather see just a gravel road in there, but, you know, some of the people off of that may want to pave portions of their own driveway. We don’t anticipate paving the whole thing at this point, no. MRS. STEFFAN-It would likely be easier to plow in the wintertime. MR. STEVES-And depending on who buys these lots, that may be the first thing somebody does. If somebody buys Lot Four, for example, that may be the first thing 9 (Queensbury Planning Board 12/15/09) they want to have done, and then you’re going to have an Association there, with four lots, and they share in the maintenance of that. MR. FORD-It’ll be costly. MR. STEVES-It’ll be costly, but at the same time, in the long run it would probably be beneficial. MR. SEGULJIC-Now, the lots to the, I guess east and west, those are large lots right now, correct? MR. STEVES-Correct. Meaning to the east and west of this existing parcel? MR. SEGULJIC-Yes. MR. STEVES-To the west you have an 11 acre parcel and a 43 acre parcel. MR. SEGULJIC-Is it possible to have, in case they ever come before us for subdivision, instead of having all these individual roads going up there, some type of consideration that future, you know, loop that road around to either side, but then the problem is you go to the west, you’ve got to go over that stream which, for the east, would be an issue. MR. STEVES-Going to the west is not only the stream but you also have the bank going to the west. I mean, that’s the slope that you would have an issue with. Going to the east we could accommodate a right of way for future, like between Lots One and Three, but if you look to the, going to the east, there’s already a small lot of just over an acre, and a 2.71 acre, Dessicio. So you have to go north of that into Martindale’s property, which we could accommodate a potential right of way or easement to connect to that. I mean, it’s not going to be a Town road, so it wouldn’t have to be an ownership. It could just be another 50 foot wide easement along Lot Three line. MR. SEGULJIC-So if something ever came up in the future, at least we could connect two roads. MR. STEVES-Well, you’d have private driveways. It’s not a road. MR. SEGULJIC-Okay. MR. STEVES-That’s the difference from here. You could, you know, if it’s going to be an HOA they’d have to get permission from the HOA to connect and you’d have to go through the Attorney General’s, I’m sure, to modify the Offering Plan to allow other people to use the road. I think that gets awful complicated for three lots, but I mean, we could leave an access there and let somebody else deal with it down the road. MR. HUNSINGER-We’ve just seen so many instances where you have lots of this shape and you have these long cul de sacs, you know, and then a few years later the property next door comes in and says, well, there’s no, you know, there’s no way we can hook in to the property next door. MR. STEVES-I wholeheartedly agree, and like I say, the opportune location, if we have room, is to do it right on Lot Three along the northerly boundary of Lot One and just create a 50 foot easement, and I’m just saying it’ll be there. MR. SEGULJIC-Correct. That’s all we’re asking is just thinking that way. MR. STEVES-And we have no problem with that. MR. HUNSINGER-So you’re saying between Lots One and Three or between Lots Three and Four? MR. STEVES-Between, on the north property, north of the line dividing Lots One and Three. That way it would connect to the larger parcel that’s owned by Martindale, 37 acres, connecting to the two acre lot to the south of that, Desiscio, would not accommodate any benefit. MR. HUNSINGER-Right. MRS. STEFFAN-Plus you wouldn’t cross the stream that way. 10 (Queensbury Planning Board 12/15/09) MR. HUNSINGER-Good point. Yes, okay. MR. KREBS-And plus you’d keep that forever wild in the back that’s there. MR. OBORNE-Yes, there’s nothing going on in the back. Absolutely not. MR. STEVES-And also, to be honest with you, that would be the best spot, as far as the grade off the existing drive, and we have no problem with that. I agree, thank you. MR. HUNSINGER-Thanks, Tom. MR. OBORNE-Is there any preference that the Board may have on how they would want the driveway to be designed? Do you want it to go through the existing drive? Any thought given to that? As we move along to Preliminary, you want to give him all that information now. MRS. STEFFAN-It’s one of those areas where there is visibility, so, you know, two driveways would not be our preference, but there’s some other extenuating circumstances, you know, regarding the Homeowners Association for more than three homes. So that’s certainly a contributing factor. I don’t know how other Planning Board members feel about it, but I feel that the visibility is sufficient there so you could accommodate two driveways, but that’s just my feeling. MR. SEGULJIC-But on the other hand, maintaining a long road like this, I would assume they’re all going to share in there, right? MR. STEVES-Yes. MR. SEGULJIC-So in some ways, you’re almost forced to have one. MRS. STEFFAN-Right, but the three would. It’s just a question of whether the existing home on Lot One wants to reconfigure the driveway or whether it’s necessary. MR. STEVES-Correct. Any lot that would be sold, that would have to be a deed condition, as far as maintenance of the driveway, whether it be three or four. The difference is, you know, we’ve looked at it as well, and we agree that there’s sufficient sight distance there, and it’s a single family home. It’s not like it’s a huge amount of traffic. He drives a school bus, and for him to access off the very beginning, he’d be utilizing 100 feet, if that, of the proposed driveway or the shared driveway I should say, but then all of a sudden now you’re throwing him into the mix of maintaining 600 feet of it. That’s all we’re looking at. I mean, I understand. If we wanted to share it, we discussed at the beginning we could. We can accommodate and show you the sight distances for both if that would help with your decision. MR. SIPP-Is there any proposal here for erosion control between, especially in the area of Lot Two, Lot Three and Four? MR. STEVES-Yes. MR. SIPP-What are you going to use? MR. STEVES-That’s what I’m going to allow the engineer to look at when he does his test pits, but again, it’s all suitable soils here for any kind of stormwater. MR. SIPP-Ask him to take a Ph test, too. So if you put anything in there that’s going to hold, it’s going to have to be probably a legume. MR. STEVES-Yes, unless you modify the soil. MR. OBORNE-Correct. If I may, there are other issues besides just sight line issues with this. You do have refuse pick up. You do have emergency vehicles. It does make it easier, and, you know, I just want to make sure the Board is aware of that. I would prefer to be as one. End of the world, no, obviously, but from a planning perspective, it is the way to go, in my mind, and sight distances, yes, they’re fine. I mean, they really are. MR. SEGULJIC-Can you just expound, when you said refuse pick up? The truck having to come in and off the road twice, you’re saying? MR. OBORNE-Exactly. 11 (Queensbury Planning Board 12/15/09) MR. SEGULJIC-Okay. No, I would agree. To me, I mean, 149 is, it’s a fast road. MR. HUNSINGER-Absolutely. MR. SEGULJIC-And I think it just makes sense to me, because all these people are going to get together and maintain the road. So in some ways it’s just going to formalize all this for me. MR. SIPP-I think there should be a pull off here, too, because you can get two cars on a 10 foot wide road and they’re not going to pass one another. MR. SEGULJIC-On the driveway side. MR. SIPP-On the driveway side. MR. STEVES-That is not an issue. There’s plenty of room to do that. MR. FORD-We were talking about maintenance of, if you used the new drive for the existing house, what if you were to “Y” off that existing driveway. MR. STEVES-That’s what I was just going to suggest. MR. FORD-And bring it in there, using the current driveway, “Y” off it very early on that property, stay away from that existing structure and go over and tie it in with the proposed road. MR. STEVES-Yes, I was just going to suggest that, and leaving the property line where it is so that we don’t interfere with, well, to be honest with you, it doesn’t make any difference, because if you look at the setback from 149, because of the taking in there, the setback line is behind his existing house anyway, the 100 foot from the road, his house is completely, so it really won’t make any. MR. FORD-That would be my recommendation. MR. STEVES-And I agree. We’ll do that, because that grade there, you can see on the photo that Keith had up, and that’s right across the existing open field. So that’s not an issue. MR. HUNSINGER-Okay. MR. STEVES-That’s what we’ll do. I just was drawing that in. MR. FORD-I think we’re on the same page. MR. STEVES-You can see he has kind of like a horseshoe driveway. We’ll just use it, right when you come in on this road we’ll just branch off to the left hand edge of it, and bring it right back into that road that you see on the left hand side of the photo. MR. HUNSINGER-Okay. Anything else from the Board? MR. STEVES-Thank you. MR. HUNSINGER-Other than that, it looks good. Thank you. SITE PLAN 60-2009 SEQR TYPE UNLISTED THE GOLUB CORPORATION AGENT(S) MICHAEL KOPCHIK, MARCHAND JONES ARCHITECTS OWNER(S) GLEN STREET, LLC [BRIAN FIELDING] ZONING CI LOCATION 677 GLEN STREET APPLICANT PROPOSES REMOVAL OF EXISTING BACK UP GENERATOR AND INSTALLATION OF NEW LARGER CAPACITY BACK-UP GENERATOR, INCLUDING ASSOCIATED FUEL TRANSFER/RETENTION AREA. CHANGES TO AN APPROVED SITE PLAN IN A CI ZONE REQUIRE PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 42-09, SP 22-98, SP 69-05, SP 65-95 WARREN CO. PLANNING 12/9/09 APA, CEA, DEC, ACOE, OTHER DEC & NWI WETLANDS LOT SIZE 18.79 +/- ACRES TAX MAP NO. 302.10-1-7 SECTION 179-9 MICHAEL KOPCHIK, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Keith, whenever you’re ready to summarize Staff Notes. 12 (Queensbury Planning Board 12/15/09) MR. OBORNE-Site Plan 60-2009, Golub Corporation. This is a Site Plan Review for a change to approve Site Plan. 677 Glen Street is the location. Commercial Intensive is the zoning. This is an Unlisted SEQRA. Project Description: Applicant proposes removal of existing back up generator and installation of new larger capacity back-up generator, including fuel transfer / retention area. Staff Comments: The Price Chopper is currently undergoing renovations both internally and externally. The façade changes appear to be complete and the internal upgrades are well underway. Approval for these renovations where obtained at the August 25, 2009 Planning Board meeting. The purpose of the current request before the Planning Board is for a generator upgrade to allow for the entire location to remain open and operational during power outages. Currently, the existing 100 kW generator is undersized in regards to meeting the power needs during outages. The request is for a 1000 kW generator capable of supporting all the functions of the store during outages. The existing generator will be removed. The proposed generator will be located to the west of the existing generator and will have a spill containment area component that is required under the Code of Federal Regulations Part 112, Oil Pollution Prevention. I do want to have the Planning Board take a look at potential snow removal issues for the delivery location, assurances that the sluice gate valves are operational during winter months, and snow and ice removal should be considered for the sluice gate, and erosion and sedimentation controls should certainly be part of this plan, either if this was to be tabled at a future submittal, or at final submittal, if this is approved with conditions, and with that I’d turn it over to the Board. MR. HUNSINGER-Okay. Thank you. Good evening. If you could identify yourself for the record. MR. KOPCHIK-Hi. Yes, Mike Kopchik, Marchand Jones Architects, agent for Golub Corporation, Price Chopper. MR. HUNSINGER-Okay. Did you have anything else you wanted to add? MR. KOPCHIK-The only other thing I wanted to mention is in the narrative we describe the construction of the fuel transfer retention area as being primarily out of asphalt. The Golub Corporation is, to do that at this point in time obviously, they would have to wait until Spring to do the work. They are looking into an alternative design. It would look exactly the same, but it would be built out of concrete as opposed to asphalt. That would allow them to do the work in the winter, and the final design work, and design drawings, are underway right now, and would actually be done shortly. There was no way we could get them done prior to making a submission, but we do have, this is intended to indicate where we’re putting it, how it’s going to work, give a general feel for how it would function and the fact that it doesn’t impact, significantly, any of the other area. We do have full construction drawings that are being prepared and would be submitted, obviously. I assume we’d need a building permit to actually do the work, and those will be done shortly, probably within two weeks. MR. HUNSINGER-Okay. Questions, comments from the Board? MR. TRAVER-Can you address the snow removal concern raised by Staff? MR. KOPCHIK-Yes. The reason we’ve actually located where it is right now, as opposed to in the vicinity existing generator, is particularly because of the whole transfer station and the ability for traffic to move through there, and with snow removal. This transfer station would essentially have a very low four inch curb around the perimeter of it. It actually drops down into the transfer station, as opposed to rising above the adjacent area. So they would simply plow it right straight through to the back, just like they do now. If you go over there now, you’ll see the snow is plowed to the end of the pavement. It would essentially keep going, just beyond the end of the transfer area itself. Also in the narrative you may have noted that we have indicated that that gate valve would be located either on the west side where it’s shown now or possibly on the north end. It looks like it’s more likely to end up on the north end, just because of the topography in that area. That’s where actually the drainage goes and moves around the actual transfer station itself. That makes it even easier to plow it because they would simply go straight off the end. That gate valve is essentially a manual wheel that projects up, you know, above the curbing, and they would have a couple of bollards around it to protect it, and you would just manually open or close it depending on whether they’re transferring any fuel. MR. TRAVER-Thank you. 13 (Queensbury Planning Board 12/15/09) MR. HUNSINGER-So let me understand. It would only be closed when fuel’s being transferred? MR. KOPCHIK-That’s right. Normally, obviously if it’s raining, water would fall in that transfer area, and it would exit out of that gate valve and essentially drain away exactly the same way it does now. The path of the site drainage is essentially right around the north side of this proposed area. When they were transferring fuel, they would close it, in the event that anything were spilled, so it would be contained within that curve, and then it would be cleaned and removed before they would open it again. It’s a fairly simple arrangement. MR. HUNSINGER-Keith had a picture there of the puddle. MR. OBORNE-The puddle? MR. HUNSINGER-Yes. That puddle today is really big. MR. KOPCHIK-Yes. What happens is this entire site drains without any catch basins. It’s all surface runoff from the pavement out to the perimeter of the property, and that happens to be somewhat of a low spot. We would be building the transfer area literally just beyond that, and what we would end up doing is re-grading that area to take water around the north side of the transfer area. Essentially helping that problem. MR. HUNSINGER-Okay. That was my question. MR. KOPCHIK-Right. We would fix that by placing this facility. MR. FORD-Well, fix it in that location, but that water’s going to go some place. MR. KOPCHIK-Yes, and where it’s going to go, if you walk the site and if you even look at the Site Plans, the partial Site Plans that I have, you can see on the contours that the water actually right now naturally follows out the north side of that area, once you get over this edge, and then it gets lower and lower and there’s basically a small little ravine that runs right out the back, to, you know, beyond the area that we’re intending to build a transfer station. So we feel that the transfer station itself is having almost no impact on the natural progression of drainage that occurs now. If anything, it’ll help it out a little bit, because we’re going to move it around that north side, and out into its natural path, rather than having it congregate right there. MR. HUNSINGER-Any questions, comments from the Board? MR. SIPP-Does that eventually drain towards Halfway Brook? MR. KOPCHIK-Yes. Eventually that goes way out to the back of the site. Again, I think I’ve got the small ones there. If you look at the larger overall plan, you can see there’s a huge area on this property. MR. SIPP-It doesn’t impact the apartments back there, the townhouses or whatever they are? MR. KOPCHIK-In terms of the drainage? MR. SIPP-Yes. MR. KOPCHIK-No. We don’t think there’s going to be any change to the drainage. The same amount of water, I mean, we’ve got a .01% permeability change. It’s really insignificant, and we also have equipment in that area. There’s a switchgear station, a Niagara Mohawk switchgear box which was just in the general vicinity of the planned generator itself. MR. SEGULJIC-My only comment is that’s a big generator. MR. KOPCHIK-Well, the reason for it is they would like to provide power so that that store in an outage can remain fully functional. Obviously it allows them to sell product. It also allows customers to shop, to eat dinner, be in heated, lighted space. Right now the generator that’s there is barely enough to keep their coolers operating. 14 (Queensbury Planning Board 12/15/09) MR. SEGULJIC-Is there any discussion about getting them into the demand reduction program? In other words, besides emergency, for peak shavings and things of that nature? Because I would, because you could make some money that way. MR. KOPCHIK-Well, there was a discussion at one time about possibly using a fuel cell at this site, which would be enormous energy savings. The problem is to incorporate that equipment they have to replace almost everything in the building itself. The renovations that are taking place there, I assume you’ve seen the outside, that I think came out fairly nice. The inside has some renovations in some departments, partial renovations. It’s not a complete re-do of the whole store. We’re not replacing all of the equipment and all of the mechanical equipment, refrigeration equipment. So the generator is really, the intention is just to allow them to keep that one. MR. SEGULJIC-So there’s no intention to get into the demand reduction program? MR. KOPCHIK-I honestly don’t know for sure what their overall plans are in terms of, I mean, lighting, we use all the reduced level lighting. MR. SEGULJIC-Do you know what the demand reduction program is? MR. KOPCHIK-Not in terms of the store. MR. SEGULJIC-I mean, obviously you want to use it to power the store. MR. KOPCHIK-You want to sell the power back? MR. SEGULJIC-Yes. In the times when the (lost words) you can take the power and sell it back to the Grid. My only comment there is, it’s one thing to run it in an emergency. It’s another thing when you run it in demand reduction, because you could run it for hours at a time when there is no need to run it, other than to get into demand reduction. MR. KOPCHIK-I understand. I don’t know what the Golub Corp’s position is on that. MR. SEGULJIC-So my only concern is the potential for noise, which I can understand when the power is down there’s no problem. I don’t know how the Board feels. MR. KOPCHIK-Well, the comment I would make relative to noise is, and it’s published in the material on the generator itself, really it’s an 80 decibel at 23 feet noise rating. That is actually, because it’s a new piece of equipment, despite the size of it, it’s actually quieter than the unit that is there at this time. MR. FORD-Eighty db is good. MR. SEGULJIC-I missed the 80 decibels. Eighty decibels is really nothing. MR. KOPCHIK-It’s better than what it already there. MR. SEGULJIC-Talk to your client and tell them to get the generator into the demand reduction program and make some money. They’ll make money. MRS. STEFFAN-Well, it certainly is a change. I mean, they’re going from natural gas to diesel, but obviously they’re putting in all the environmental controls that are required by the State, and the other thing when I thought about, you know, the way diesel burns and smells and this is for times when the power goes out. How often does that happen in a year, you know, even in some of the worst years we’ve had with ice storms and snow storms, maybe three, four times will we go without power. So, you know, when you look at the utilization of it, it won’t be all that traumatic, by the way, the exterior of the store does look very nice. I wish we’d been able to give you more signs because I think more signs actually would have looked more attractive, but. MR. KOPCHIK-I don’t disagree, with all due respect. MR. HUNSINGER-Well, it wasn’t this Board. MRS. STEFFAN-Yes. MR. KOPCHIK-The generator will also be run occasionally because they have to test it. MR. HUNSINGER-Yes, is that like once a week or something? 15 (Queensbury Planning Board 12/15/09) MR. KOPCHIK-I don’t believe it would be once a week. MR. SEGULJIC-Well, typically you’ve got to do it once a week, just for a start up, and then do once a month load test. MR. KOPCHIK-Yes, once a month was what I was going to suggest. Yes, that’s a very quick, right, the load test they have to transfer the power and make sure it’s running. You also have to cycle the fuel. You have to mix the fuel a little bit. MR. HUNSINGER-I would just make sure that you do that during the daytime and not during the night when it could bother the neighbors. MR. FORD-I think it’s a fine improvement. It certainly will cut down on some nice sales for the public of perishables during the shutdown time. MR. HUNSINGER-There were some engineering comments. Did you have any response to any of those? MR. KOPCHIK-These were the Town Engineer, VISION Engineering? MR. HUNSINGER-Yes, VISION Engineering. MR. KOPCHIK-Well, my comments, what I can offer is that we do have final design that will be prepared shortly. When he first began this process, I think we were struggling to try to get under the gun weather wise to see if he could get this in before winter hit. Obviously winter has hit, and that’s why we’re looking at possibly building out of concrete rather than asphalt. Otherwise we’d have to wait until April essentially to do this, and the best way for me to answer these questions is probably to provide final design which would show, it would show contours, stormwater management, hay bale fencing, all those particular items are going to be included. C.T. Male is actually producing the design of the transfer station. They do all of Price Chopper’s generator permitting work and that sort of thing. MR. HUNSINGER-Okay. Anything else from the Board? MR. FORD-It looks good to me. MR. HUNSINGER-We do have a public hearing scheduled this evening. Is there anyone in the audience that wants to address the Board on this project? PUBLIC HEARING OPENED MR. HUNSINGER-I will open the public hearing. Are there any written comments, Keith? MR. OBORNE-No, sir. MR. HUNSINGER-Okay. Let the record show that there were no commenters. I will thereby close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-This is an Unlisted action. I believe they submitted a Short Form. MR. OBORNE-If I could. MR. HUNSINGER-Yes, Keith. MR. OBORNE-Are you, now all the plans have not been submitted. I mean, they have a change to what was submitted for this. Are you leaning towards approving with conditions or tabling? And the only reason I ask is because you closed the public hearing. That’s the only reason. MR. HUNSINGER-What’s the will of the Board? MR. FORD-Table until they get the final plans. MR. TRAVER-Well, we certainly need the engineering signoff. 16 (Queensbury Planning Board 12/15/09) MR. HUNSINGER-Sure. MR. TRAVER-And without the final plans, as VISION has indicated, you know, they need to see that. I don’t know that the result of that analysis would lead to our needing to re- hear the applicant, but I suppose it might. I guess that’s kind of we don’t know the answer to that. MR. KOPCHIK-If I may, wouldn’t those final plans require submission to the Building Department before we could, were able to proceed? MR. HUNSINGER-Yes. MRS. STEFFAN-Yes. MR. KOPCHIK-So that if we had a, to me it sounds like a conditional approval based on the engineering department’s approval of the final construction drawings. MR. HUNSINGER-I think that’s where I saw us going. MR. SIPP-Yes. Under Number Two from VISION Engineering, the last line, for us a to complete a full review we require details and specifications. So we could make it contingent on. MR. HUNSINGER-I had it highlighted, too, yes. MR. KOPCHIK-Right. We obviously are proceeding with all that and will have it shortly. We’re hoping that the general design could be approved conditional upon the engineering department also verifying all our details and additional submissions were correct before we could begin any work. MR. HUNSINGER-Okay. MR. OBORNE-That certainly is, that’s a requirement. I mean, you have to get VISION’s signoff on it. MR. KOPCHIK-Right. MR. HUNSINGER-Is the Board comfortable with that? MR. FORD-Yes. MR. HUNSINGER-Do we feel we have enough information to move forward with SEQRA? MR. SEGULJIC-Yes. MR. HUNSINGER-Okay. MRS. STEFFAN-Okay. “Does the action exceed any Type I threshold in 6 NYCRR Part 617.4?” MR. HUNSINGER-No. MR. KREBS-No. MRS. STEFFAN-“Will the action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.6?” MR. HUNSINGER-No. MR. SEGULJIC-No. MRS. STEFFAN-“Could the action result in any adverse effects associated with the following: C1. Existing air quality, surface or ground water quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems?” MR. HUNSINGER-No. 17 (Queensbury Planning Board 12/15/09) MR. SEGULJIC-No. MRS. STEFFAN-“C2. Aesthetic, agricultural, historic, or other natural or cultural resources; or community or neighborhood character?” MR. HUNSINGER-No. MR. SEGULJIC-No. MR. FORD-No. MRS. STEFFAN-“C3. Vegetation, fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species?” MR. HUNSINGER-No. MR. SEGULJIC-No. MR. FORD-No. MRS. STEFFAN-“C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources?” MR. HUNSINGER-No. MR. SEGULJIC-No. MRS. STEFFAN-“C5. Growth, subsequent development or related activities likely to be induced by the proposed action?” MR. SEGULJIC-No. MR. FORD-No. MR. HUNSINGER-No. MRS. STEFFAN-“C6. Long term, short term, cumulative or other effects not identified above?” MR. HUNSINGER-No. MR. FORD-No. MRS. STEFFAN-“C7. Other impacts (including changes in use of either quantity or energy)?” MR. SEGULJIC-No. MR. HUNSINGER-No. MRS. STEFFAN-“Will the project have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area?” MR. HUNSINGER-No. MR. SEGULJIC-No. MR. KREBS-No. MRS. STEFFAN-“Is there or is there likely to be controversy related to potential adverse environmental impacts?” MR. HUNSINGER-No. MR. SEGULJIC-No. MRS. STEFFAN-Okay. Then I’ll make a motion for a Negative Declaration. 18 (Queensbury Planning Board 12/15/09) RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE RESOLUTION NO. 60-2009, Introduced by Gretchen Steffan who moved for its adoption, seconded by Thomas Ford: WHEREAS, there is presently before the Planning Board an application for: THE GOLUB CORPORATION, and WHEREAS, this Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED: 1. No Federal agency appears to be involved. 2. The following agencies are involved: NONE 3. 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. 4. An Environmental Assessment Form has been completed by the applicant. 5. Having considered and thoroughly analyzed the relevant areas of environmental concern and having considered the criteria for determining whether a project has a significant environmental impact as the same is set forth in Section 617.11 of the Official Compilation of Codes, Rules and Regulations for the State of New York, this Board finds that the action about to be undertaken by this Board will have no significant environmental effect and the Chairman of the Planning Board is hereby authorized to execute and sign and file as may be necessary a statement of non-significance or a negative declaration that may be required by law. th Duly adopted this 15 day of, December, 2009, by the following vote: AYES: Mr. Sipp, Mr. Seguljic, Mr. Traver, Mr. Krebs, Mrs. Steffan, Mr. Ford, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Okay. Would anyone like to put forward a resolution? MRS. STEFFAN-I guess I just need another couple of things that we talked about. Obviously the applicant would have to obtain a VISION Engineering signoff. That we talked about monthly cycle testing will take place during daytime hours only, and then there’s Keith notes here, snow removal plans. It says snow removal should be considered for fuel delivery locations. Do we want to put that snow removal plans need to be noted on the plat, or what’s the right way to deal with that? MR. OBORNE-Are you satisfied with the explanation given? Because as drawn, it appears to not work very well. MR. KOPCHIK-I think that when you see the final design, which I understand has moved the gate to the north side, that the description and explanation I gave early would be fairly obvious, that we’ll push it straight back over. I can certainly modify these preliminary drawings to reflect that as well, but you will actually have, or at least the Building Department will have the full set of construction drawings that show that change. MR. FORD-Gretchen, why don’t you insert so that it reads both weekly and monthly start up to be done during daylight hours. MRS. STEFFAN-Okay. MR. HUNSINGER-I guess I misunderstood your comments, Keith, when I first saw it. Your concern is whether or not the sluice gate will operate properly during the winter. 19 (Queensbury Planning Board 12/15/09) MR. OBORNE-That has something to do with it, too, sure. MR. HUNSINGER-Yes. MR. OBORNE-If you’re piling snow up there, I mean, it’s the conditions up here, I’m not exactly sure how it works. It’s not heated. Right, Mike? MR. KOPCHIK-No, that’s a maintenance issue. MR. OBORNE-That is a maintenance issue. MR. KOPCHIK-It would have to be kept clear. MR. OBORNE-Clean. MR. SEGULJIC-And I agree, because whenever you put those speed bumps in there, it’s going to be tough to plow it there, but my attitude is it’s your issue, not the Planning Board’s. MR. KOPCHIK-That’s true. They are very minimal on the non transfer area side. They actually are more of drop as opposed to a rise. So that was why we didn’t really want it in the middle of the parking lot where the unit is now, because they’d have to cross it and hit the other side, and obviously you could easily break it out. It’s a little simpler to push it across the end and then off of the end of the transfer area. So we’ll still have to be careful. You’re not going to have a big highway plow running through there. MR. SEGULJIC-And be careful and the gate could freeze up, and those are concerns, but I have to look at those are Price Chopper’s issues to make sure it’s operating properly because New York State regulations say they have to have it in place. MR. KOPCHIK-Right, and there will also be bollards around the generator itself to protect the truck from hitting the generator. So there’s going to be snow removal and plowing that’s going to have to be done with us, smaller than the big units they use to take care of the whole parking lot. MR. SEGULJIC-Maybe even someone shoveling out that area. MR. KOPCHIK-Well, it’ll probably, most likely be some sort of front loader, as opposed to a plow, which they have there now, which will go back and clean it off, dump it over the back. MR. OBORNE-Yes. I imagine some individual or two or three would get out there with pick axes and stuff during the ice storms, but. MR. KOPCHIK-Yes. If they don’t do that obviously it’ll pond, and then it will overflow it’s perimeters, I’m sure. Yes, no, that’ll have to be kept clear, and they’ll have to close it whenever they’re filling the tank obviously, or doing anything with the tank. MR. OBORNE-Yes, and that is my main concern is during the filling operations, if that sluice gate is stuck open. MR. KOPCHIK-My understanding is that’s very controlled, and if that’s ever done, there’s severe penalties. I mean, it has to function. I don’t believe the fill company is really allowed to make that transfer. MR. OBORNE-Okay. MR. SEGULJIC-How big is the tank going to be on site? MR. KOPCHIK-Eighteen hundred gallons. MR. SEGULJIC-Yes. So you’re going to be subject to a lot of regulations, PBS, SPCC, you’re going to have to have plans. MR. KOPCHIK-That size has to do with having the unit run long enough to work through the power outage. I believe it’s 1180, 1120 is the turning point where you need all of this. So we’re far in excess of that. 20 (Queensbury Planning Board 12/15/09) MR. SEGULJIC-Yes. So if it makes the Board feel any better, they have to come up with an SPCC plan that’s driven by the EPA that has to have a plan how they’re going to handle all of this, and then PBS, New York State has a say in this. So it’s their issue. MR. OBORNE-Yes, and I will say that I’m leaning on Dan Ryan heavily to review this, obviously, and I wanted him to look at the HazMat aspect of it, the Hazard Materials aspect of it. He feels he doesn’t have enough information at this point. MR. HUNSINGER-So I think it’s implicit in satisfying engineering comments that the sluice gate’s going to have to work in the winter. MR. OBORNE-It is. It’s going to have to work in the winter. Exactly, yes. MR. HUNSINGER-So I don’t know if we need to say anything. MR. OBORNE-I don’t think that we can use Code compliance to make sure the sluice gate is working. I don’t think that’s an enforceable issue at this point. It has to be done. MR. HUNSINGER-Right. Exactly. So I think we’re okay in just what you had prepared in terms of engineering comments. MRS. STEFFAN-Okay. Well, I did just add something to modify the snow removal scenario plan just so that it heightens the awareness and that they obtain signoff on that, too. Erosion and sediment control plan would be part of the final plan. I don’t have to add that. I mean, that’s required. MR. OBORNE-Yes. I think Dan talks about that. MR. HUNSINGER-Yes, it’s in Dan’s comments. MRS. STEFFAN-Yes, that’s a requirement, and what about waivers, certainly for, they requested waivers for lighting, stormwater and landscaping. How does the Board feel about that? I don’t think landscaping, I mean, waiver, that’s a no brainer. I think we can do that. Lighting. The back of the building is lit. I would imagine most of the fuel deliveries will be during the day, but even so, there are wall packs on the back of the building, and then stormwater. Is that a concern? MR. HUNSINGER-Well, just to the extent that we’ve been discussing. I don’t think, we’re not going to ask them for a complete stormwater plan for the whole site. MR. TRAVER-And we’re going to get signoff. MR. HUNSINGER-Right, but we want to, you know, stormwater on the addition. MR. KOPCHIK-Right. It’s also less, it’s far less than an acre of development, which usually allows you to not have to comply with all of that regulation. MR. OBORNE-Well, I mean, you still have to comply with Town 147. You still have to comply with the Town Code, and that’s basically the stormwater you’re waiving. There’s no SWPPP needed for this. It’s under an acre. MR. HUNSINGER-Right. MRS. STEFFAN-Let me go with this. Okay. I’ll make a motion to approve Site Plan No. 60-2009 for The Golub Corporation, according to the resolution prepared by Staff. Paragraph Four A complies. Paragraph Four B, a Negative Declaration. The applicant has requested waivers for stormwater, landscaping, and lighting. The Board will be granting waivers for landscaping and lighting. This is approved with the following conditions: Number One, that weekly and monthly cycle testing will take place during daytime hours. Number Two, that the applicant will modify the snow removal scenario plan so that the sluice gate valves are accessible and operational during winter and will obtain a VISION Engineering signoff, and then overall, with the final plans submitted, the applicant will have to obtain VISION Engineering signoff. So there are three conditions. MR. HUNSINGER-Okay. We have a motion. MR. OBORNE-You’re directing the applicant to provide a stormwater plan? Because you only gave them landscaping and lighting. 21 (Queensbury Planning Board 12/15/09) MRS. STEFFAN-Correct, but the discussion was that they needed to do some stormwater submission. So we can’t give them a waiver. If we give him a waiver, then he doesn’t have to submit a stormwater plan at all. MR. OBORNE-Okay. Now the stormwater plan specifically for the new impervious area, to account for that? New impervious area? It’s kind of nebulous, and I apologize. MRS. STEFFAN-That’s okay. So let’s rescind the motion because we can start that again. What does the Planning Board want to direct the applicant to do on stormwater specifically? MR. HUNSINGER-Well, we did have discussion, and VISION did talk about remedying the ponding condition that exists, and the applicant did say that they were going to make some improvements that would make that situation better. So I tend to agree. We can’t really say we’re going to give them a waiver on stormwater when we’ve asked them to address at least a portion of. MR. KREBS-Address the concerns of VISION Engineering. MR. HUNSINGER-Yes, and it’s only on the area where you’re doing work. It’s not the whole site. MR. KOPCHIK-Right. I believe we intend to do that. I think our design is going to solve that problem. We can certainly highlight some of that design verbally, notes or whatever on the drawing to indicate that, path of water, you know, the moving around the north side. MR. FORD-We want it appropriately addressed, so we’re not going to waive it. MR. HUNSINGER-So I’m not sure how we. MR. OBORNE-Well, you’re not giving a waiver for grading either. So, you know, you’re going to want to see a grading plan, and that. MRS. STEFFAN-But according to your Staff Notes, they didn’t ask for grading. So that’s why, I mean, it’s in the motion, but. MR. OBORNE-Okay. That’s right, because that’s the template. Okay. MRS. STEFFAN-Okay. So that’s why I didn’t include that. MR. OBORNE-So grading plan is required. MRS. STEFFAN-Okay. All right. Let’s try this again. MR. SEGULJIC-The one with the sluice gate in it, could you just read that one. MRS. STEFFAN-The applicant will modify the snow removal scenario plan so that the sluice gate valves are accessible and operational during winter. They will also need to obtain a VISION Engineering signoff on that plan. MR. SEGULJIC-I guess my only comment there is if they come back without a sluice gate there, in their final design, does that mean they’d have to come back before us again if they change their design? MR. OBORNE-Yes, but I don’t anticipate them coming back without a sluice gate because water’s got to run through that. MR. SEGULJIC-Right, and I was just going to say something like, that they come back with a properly designed petroleum transfer secondary containment area. Because then it gives them more incentive. They don’t have a sluice gate, then all of a sudden they’ve got to come back. MR. OBORNE-Well, if you’re going down that path, this is just my recommendation, you ought to table it and get all this information in at this point, if you’re not comfortable with it. MR. SEGULJIC-All right. Then we’ll go with the sluice gate. It’s just my recommendation. 22 (Queensbury Planning Board 12/15/09) MR. SEGULJIC-Because, I mean, my concern is we’re starting to tread on EPA’s and DEC’s regulations, and having a say in that, you know, and it’s not really our purview. MR. KOPCHIK-No, I think your engineer is the one who’s going to sign off on that. MRS. STEFFAN-Right. MR. KOPCHIK-Based on our final construction and design construction drawings. MRS. STEFFAN-We’re asking Dan. MR. HUNSINGER-Yes, we’re asking him to look at it. MRS. STEFFAN-Yes. We’re asking Dan Ryan to do that for us as our agent, and based on his technical review, and his recommendations, he’ll be looking at that. For a complete review we require full details and specifications for the concrete pads, elevations, storage tank, filling containment area. Recommended a ponding condition, and. MR. SEGULJIC-All right. Well, then run with what you had. MR. HUNSINGER-Yes. I think we’re okay with what we had. MR. KREBS-And the last sentence of his Paragraph Two definitely covers it. It says that for us to complete a full review, which we’re saying has to be done, we require details, specifications for the concrete pads, the elevations, the storage tank, filling containment area, and, etc., be submitted. So I think that covers pretty much. MR. TRAVER-And the applicant has indicated that they’ve prepared those things. MR. HUNSINGER-Yes. I think we’re good. MR. KOPCHIK-I think my question would be whether that information is brought back before this Board or whether it is provided to the Town’s. MR. OBORNE-It will be provided for my department and we’ll move it forward to VISION. That’s pretty much how the protocol works. MR. KOPCHIK-Okay. MR. HUNSINGER-Yes. MR. KREBS-The only way it would ever come back here is if he couldn’t satisfy the engineering department. MR. TRAVER-And they needed a change. MR. HUNSINGER-Or if there’s a dramatic change. Yes. MR. OBORNE-Knowing Mike, I’m pretty sure that he will make all attempts to satisfy our engineer. MRS. STEFFAN-All right. I will make a motion. MOTION TO APPROVE SITE PLAN NO. 60-2009 THE GOLUB CORPORATION, Introduced by Gretchen Steffan who moved for its adoption, seconded by Thomas Ford: 1.A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes removal of existing back up generator and installation of new larger capacity back-up generator, including associated fuel transfer / retention area. Changes to an approved site plan in a CI zones require Planning Board review and approval; and 2.A public hearing was advertised and held on12/15/09; and 3.This application is supported with all documentation, public comment and application material in the file of record; 23 (Queensbury Planning Board 12/15/09) 4.MOTION TO APPROVE SITE PLAN NO. 60-2009 THE GOLUB CORPORATION, Introduced by Gretchen Steffan who moved for its adoption, seconded by According to the resolution prepared by Staff. Paragraph Four A complies. Paragraph Four B, this is a Negative Declaration. Paragraph Four G regarding waivers, the applicant had requested waivers for stormwater, landscaping and lighting. The Planning Board will grant waivers for landscaping and lighting. a)Pursuant to relevant sections of the Town of Queensbury Zoning Code [Chapter 179], the Planning Board has determined that this proposal complies with the requirements as stated in the Zoning Code; and b)The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration; and 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. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; and d)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; and e)If applicable, Item d to be combined with a letter of credit; and f)The Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; and g)Waiver requests granted: landscaping & lighting plans. h)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. i)Engineering sign-off required prior to signature of Zoning Administrator. j)The applicant shall submit a copy of a NOI [Notice of Intent] SWPPP [Stormwater Pollution Prevention Plan] & NOT [Notice of Termination] - see staff. k)The applicant shall submit a copy of a NYS SPDES [State Pollution Discharge Elimination System]. l)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. m)The applicant will need to provide a stormwater plan, specifically to remedy the ponding conditions and address the stormwater conditions in the area of construction. n)This application is approved with the following conditions: 1. That the applicant will perform weekly and monthly cycle testing only during the daytime hours. 2. That the applicant will obtain VISION Engineering signoff on their final submission. 3. Further, that the applicant will modify the snow removal scenario plan so that the sluice gate valves are accessible and operational during winter. That must also obtain a VISION Engineering signoff. 24 (Queensbury Planning Board 12/15/09) th Duly adopted this 15 day of December, 2009, by the following vote: AYES: Mr. Sipp, Mr. Traver, Mr. Krebs, Mr. Seguljic, Mr. Ford, Mrs. Steffan, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You’re all set. Good luck. MR. KOPCHIK-Thank you. MR. HUNSINGER-And again, the front looks great. MRS. STEFFAN-Yes, it does. It’s a very nice improvement. MR. KOPCHIK-Thanks. SITE PLAN NO. 61-2009 SEQR TYPE TYPE II OUTBACK STEAKHOUSE AGENT(S) JUSTIN WICKART, OSI RESTAURANT PARTNERS, LLC OWNER(S) BABAJANI & MAMA, LLC ZONING CI LOCATION 925 STATE ROUTE 9 APPLICANT PROPOSES MODIFICATION TO AN APPROVED SITE PLAN WITH A CHANGE IN BUILDING COLOR SCHEME. CHANGES TO AN APPROVED SITE PLAN REQUIRE PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 4-05, AV 6-05, SV 58- 04, AV 67-04, SP 7-93, AV 7-93, SP 70-89, UV 114-89 WARREN CO. PLANNING 12/9/09 LOT SIZE 3.49 +/- ACRES TAX MAP NO. 296.13-1-17 SECTION 179-9 JUSTIN WICKART, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Keith, whenever you’re ready to summarize Staff Notes. MR. OBORNE-Site Plan 61-2009, modification to Site Plan 4-2005, the applicant is Outback Steakhouse. The requested action is Site Plan Review and approval for changes to an approved Site Plan, 925 State Route 9 is the location. This is in the Commercial Intensive zone. SEQRA Status is Unlisted for this color change. Applicant proposes modification to an approved Site Plan with a change in building color scheme and the addition of white trim to the exterior walls. Staff comments: The applicant has changed the site plan approved outside wall color of the structure from the Benjamin Moore Brushed Aluminum to a two tone color scheme of brown and yellow shades. Further, a strip of white trim has been added around the building in order to separate the two colors. Additional comments: If approved, the Planning Board may wish to direct the applicant to provide the color pallet designation for future reference. Site Plan 4- 2005 approval resolution and minutes are attached, and with that, I’d turn it over to the Board. MR. HUNSINGER-Thank you. Good evening. KEVIN COOK MR. COOK-Good evening. MR. HUNSINGER-If you could identify yourselves for the record. MR. COOK-My name’s Kevin Cook. I’m the joint venture partner for Upstate New York for Outback Steakhouse. MR. WICKART-And Justin Wickart, managing partner of this location. MR. HUNSINGER-Okay. Do you have anything else to add, any comments? MR. WICKART-Yes. Obviously, I wanted to apologize to the Board for moving forward with painting the building without your approval. There was no intention behind it. We were unaware. We thought landlord approval was all that we needed. If we knew that we had to come before the Board, we certainly would have. We were not, there was no intention to do anything mischievous. It was just we were trying to improve the appearance of the restaurant, freshen it up, make it look better so that, to improve the community in general. So, at this point, we’re just looking to possibly see what we can do to resolve the situation as quickly as possible. 25 (Queensbury Planning Board 12/15/09) MR. HUNSINGER-Okay. Anything else? MRS. STEFFAN-I know that you were required to come back to paint it, but I have to admit, I really liked it after you did it. I was never thrilled with the original color scheme of the location, and so I think it looks remarkably better. That’s my opinion. MR. COOK-Well, we’re very happy to hear that. I mean, the intention was to, we used, you know, some earthy tones and some colors that were a little brighter, and we felt the (lost word) was a little plain and a little outdated. Our brand is over 20 years old now, and our intention, like I said, was just to kind of reinvigorate, you know, let people know that we’re here and that we have changed a little bit as a company, and that, you know, we have a new logo and some new colors, and we just wanted to make people aware of it. MR. HUNSINGER-Any other comments from the Board? I have to admit, I mean, I was on the Board when we approved the gray, and I was never that happy with it. It’s one thing to look at a palette, to see how it would look, but it’s another thing to see it on the building, and I would echo the earlier comments that it does look better. The only negative comment that I really have though, is, you know, when we reviewed the restaurant, it was also in the context of the hotel next door. So I was concerned with how the, you know, the new colors would look together, and, you know, I think the burgundy color that’s on the hotel is so close to the brown that’s on the restaurant that I think it looks actually pretty good together. MR. COOK-We appreciate that. MR. KREBS-Plus the fact my wife did comment to me, right after you painted it, that, gee, they did a great job. MRS. STEFFAN-It was funny, when I read the minutes, I had forgotten about the relationship between the Outback building and the hotel next to it. I mean, it was a long time ago, but there was supposed to be a connection at some point, but is the ownership still the same? MR. COOK-Well, the landlord is still the same, I believe, from the original. MR. WICKART-Yes. He, Schoky is still currently there, and he does the hotel, but there’s been no talk about us ever joining together. MRS. STEFFAN-Well, the new colors, I think, look great. MR. COOK-Thank you. MR. WICKART-It was intended as just an improvement to freshen up the building, and make ourselves stand out a little bit. MRS. STEFFAN-And according to the package, it’s working. Your numbers are up? MR. WICKART-Yes. Our patrons’ immediate feedback from, even before when it was done being painted, the feedback came in right away. So the response was good. MR. COOK-It’s been a positive, not only in this community, but we’ve kind of moved in that direction as a company. I oversee 12 restaurants in Upstate New York. Justin’s, the th Queensbury location, was the 10 one that I painted, and the feedback that we’ve gotten from e-mails and just, you know, in the restaurant, the patrons, in most communities, has been pretty positive. MRS. STEFFAN-Good. MR. COOK-So we’re hoping you guys feel the same way. MRS. STEFFAN-And when your numbers are up, our sales tax revenue is up. So we like it. MR. HUNSINGER-So are these the new sort of standard colors if you will? MR. COOK-Yes. MR. HUNSINGER-Okay. 26 (Queensbury Planning Board 12/15/09) MR. COOK-If you travel throughout the country, that’s what you’ll be seeing. MR. HUNSINGER-One of the Staff comments was the color chart references. Is that something that you can easily provide? MR. COOK-The color chart references? MR. HUNSINGER-The color names and the brand? MR. COOK-Yes, the actual specs from Sherwin Williams? Chocolate Brown? MR. HUNSINGER-Yes. MR. COOK-Yes. We can provide all that. MR. WICKART-Yes, we can provide that. MR. COOK-And we will know, going forward, if we’re ever going to do anything, we will be in front of you guys. MR. HUNSINGER-We do have a public hearing scheduled this evening. Is there anyone in the audience that wants to address the Board? I will open the public hearing. PUBLIC HEARING OPENED MR. HUNSINGER-Any written comments, Keith? MR. OBORNE-No, sir. MR. HUNSINGER-I will close the public hearing, since there were no comments. PUBLIC HEARING CLOSED MR. HUNSINGER-And this is a Type II action. So if anyone would like to move this. MRS. STEFFAN-Okay. MOTION TO APPROVE SITE PLAN NO. 61-2009 OUTBACK STEAKHOUSE, Introduced by Gretchen Steffan who moved for its adoption, seconded by Donald Krebs: 1.A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes modification to an approved site plan with a change in building color scheme. Changes to an approved site plan require Planning Board review and approval. 2.A public hearing was advertised and held on12/15/09; and 3.This application is supported with all documentation, public comment and application material in the file of record; 4.MOTION TO APPROVE SITE PLAN NO. 61-2009 OUTBACK STEAKHOUSE, Introduced by Gretchen Steffan who moved for its adoption, seconded by Donald Krebs: Which is a modification to Site Plan 4-2005. According to the resolution prepared by Staff. Paragraph A complies. Paragraph B, this is a Type II action. a)Pursuant to relevant sections of the Town of Queensbury Zoning Code [Chapter 179], the Planning Board has determined that this proposal complies with the requirements as stated in the Zoning Code; and b)This is a Type II action-no further review is needed; and 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. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. Subsequent issuance of 27 (Queensbury Planning Board 12/15/09) further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; and d)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; and e)If applicable, Item d to be combined with a letter of credit; and f)The Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; and g)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. h)Engineering sign-off required prior to signature of Zoning Administrator. i)The applicant shall submit a copy of a NOI [Notice of Intent] SWPPP [Stormwater Pollution Prevention Plan] & NOT [Notice of Termination] - see staff. j)The applicant shall submit a copy of a NYS SPDES [State Pollution Discharge Elimination System]. k)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. l)This is approved with the following condition: 1. That the applicant will provide the Town with the color palette designation or specifications reflecting the building’s color scheme for future reference. th Duly adopted this 15 day of December, 2009, by the following vote: AYES: Mr. Traver, Mr. Ford, Mr. Seguljic, Mr. Krebs, Mrs. Steffan, Mr. Sipp, Mr. Hunsinger NOES: NONE MR. HUNSINGER-You’re all set. Thank you. MR. WICKART-Thank you very much. MR. COOK-We appreciate your time. Thank you very much. MR. HUNSINGER-Our last scheduled item of business is the Election of Officers for 2010. MR. SEGULJIC-Well, my term is up. I’ve put in for a re-appointment. MR. HUNSINGER-Okay. MR. OBORNE-That doesn’t preclude you, and I’ve had discussions with Craig about this. That doesn’t preclude you from being nominated for anything, and obviously it’s all dependent on Town Board approval. MR. SEGULJIC-Right. MR. OBORNE-Now, the Town Board only approves the Chairman, okay, but obviously the Town Board approves your re, basically, appointment, seven year appointment, but the only reason I’m saying that is if Tom is to be elected by this Board for one of the officer positions, it’s contingent upon the Town Board extending it. MR. HUNSINGER-Okay. 28 (Queensbury Planning Board 12/15/09) MR. KREBS-Is there any reason why we can’t just wait until the first meeting in January when we know? MR. OBORNE-Well, yes, there is, actually. The Chairman has to be designated and approved by the Town Board at the first Town Board meeting, which will be after, or before your first meeting. You want all three officers now, we want to have that in place. MR. SEGULJIC-I nominate Chris to be Chairman of the Board. MR. KREBS-Second. MOTION TO NOMINATE CHRIS HUNSINGER FOR CHAIRMAN OF THE QUEENSBURY PLANNING BOARD, Introduced by Thomas Seguljic who moved for its adoption, seconded by Donald Krebs: th Duly adopted this 15 day of December, 2009, by the following vote: AYES: Mr. Seguljic, Mr. Krebs, Mr. Traver, Mr. Sipp, Mrs. Steffan, Mr. Ford, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Okay. Vice Chairman? MRS. STEFFAN-I’ll nominate Tom Seguljic for Vice Chairman. MR. KREBS-Second. MOTION TO NOMINATE THOMAS SEGULJIC FOR VICE CHAIRMAN OF THE QUEENSBURY PLANNING BOARD, Introduced by Gretchen Steffan who moved for its adoption, seconded by Donald Krebs: th Duly adopted this 15 day of December, 2009, by the following vote: AYES: Mr. Seguljic, Mr. Krebs, Mr. Traver, Mr. Sipp, Mrs. Steffan, Mr. Ford, Mr. Hunsinger NOES: NONE MR. HUNSINGER-And Secretary? Any nominations for office of Secretary? MR. KREBS-Yes. I’ll nominate Gretchen. MR. TRAVER-I’ll second. MOTION TO NOMINATE GRETCHEN STEFFAN FOR SECRETARY OF THE QUEENSBURY PLANNING BOARD, Introduced by Donald Krebs who moved for its adoption, seconded by Stephen Traver: th Duly adopted this 15 day of December, 2009, by the following vote: AYES: Mr. Sipp, Mr. Krebs, Mr. Traver, Mr. Ford, Mrs. Steffan, Mr. Seguljic, Mr. Hunsinger NOES: NONE MR. HUNSINGER-Okay. MR. SEGULJIC-So on Thursday? MR. HUNSINGER-Thursday we’re meeting at 6:30 in the Supervisor’s Conference Room. Right? MR. OBORNE-That is correct. MR. HUNSINGER-Supervisor’s Conference Room at 6:30 to discuss the lawsuit, Fedorowitz, and then we’ll have our regular meeting here at 7:00. MR. OBORNE-And then we have a meeting at 7:00. 29 (Queensbury Planning Board 12/15/09) MR. SIPP-She’s just going to discuss that one item? MR. OBORNE-Which item is that? Yes, the Fedorowitz. MR. HUNSINGER-Well, certainly, I mean, if there’s any other outstanding legal issues that we have questions on, you know, feel free to bring questions. MR. OBORNE-Obviously you’re going to want to wrap it up about five ‘til. MR. HUNSINGER-Yes. I mean, we can do all that in Executive Session, I assume, right? MR. OBORNE-Yes. MR. HUNSINGER-Since we’re discussing lawsuits. So if there’s any other, I mean, the only other one that comes to mind is the boat dock, Hoffman. MR. OBORNE-You also have Glandon. MR. HUNSINGER-Right. Yes. MR. OBORNE-Which is all now under the Provident Batavia. MR. SEGULJIC-Now that was the suit about the new or the old? MR. OBORNE-Yes. Correct, and that’s to be heard tomorrow night. So, on Thursday we’ll know what the deal is with that. MR. HUNSINGER-Okay. MR. SEGULJIC-Because Craig decided it’s under the old. MR. OBORNE-Right. Well, he didn’t decide. It just remained. MR. SEGULJIC-Okay. MR. SIPP-It falls under the old rule. MR. OBORNE-Yes. MR. SIPP-That’s good. MR. HUNSINGER-Any other business? I’ll entertain a motion to adjourn. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF DECEMBER 15, 2009, Introduced by Donald Krebs who moved for its adoption, seconded by Thomas Seguljic: th Duly adopted this 15 day of December, 2009, by the following vote: AYES: Mr. Segulijc, Mr. Ford, Mr. Krebs, Mr. Traver, Mrs. Steffan, Mr. Sipp, Mr. Hunsinger NOES: NONE On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman 30