Staff Notes for 12/14/2021 PLANNING BOARD -
STAFF NOTES
DECEMBER 14, 2021
Queensbury Planning Board Agenda
First Regular Meeting: Tuesday,December 14,2021 /Time 7—11 pm
Queensbury Activities Center @ 742 Bay Road
Approval of Minutes
Dates-October 19,2021 and October 26,2021
Administrative Items
Planning Board Elections
Site Plan 2-2021 James&Kim Ogden request for an extension
Site Plan 33-2021 &Special Use Permit 2-2021 San Souci request to table to February 15,2022 meeting
Site Plan 55-2021 &Freshwater Wetlands Permit 1-2021 Antonio&Maria Civitella request for tabling to January 18,
2022 meeting
Applicant(s) ___1__LUZERNE HOLDING INC. ( Application Type __J Recommendation(Rezoning)PZ 0811-2021
fi Owner(s) j SEQR Type ____] Type I(Town Board)
(` Agent(s) } Jonathan Lapper _ _ Lot size 1.12 acres split
f Location I 115 Everts Avenue ^� Ward: 2 Zoning Classification: split Cl/CLI
Tax ID No. 302.8-1-28 _v `! Ordinance Reference J 179-15-040
Cross Reference I Warren Co.Referral n/a
{ Public Hearing_I n/a _ —� Site Information -- —�
Project Description: Applicant proposes to change a portion of current parcel zoning Commercial Intensive to Commercial Light Industrial as existing
portion of property is already Commercial Light Industrial.The existing 3,600 sq ft building for HVAC service company to remain.No physical
I changes will be made to the property.Pursuant to Chapter 179-15-040,the Town Board may refer proposed zoning amendments to the Planning Board
for recommendation.
Recommendations:
Applicant(s) MARC AWAD Application Type I Subdivision Preliminary Stage 11-2021
f I Subdivision Final Stage 12-2021
Owner(s)— j Same as applicant _ — ) SEQR Type � Unlisted
1 Agent(s) —_ W—_�_Lot size j 6.72 acres
Location ; 936 State Route 149 _ Ward: 1 Zoning Classification: MDR
Tax ID No. 279.-1-52 —^ _ —� Ordinance Reference Chapter 183 —�
Cross Reference i AV 76-2021 —_— _ Warren Co.Referral n/a for subdivision
Public Hearing n/a for recommendation � Site Information i APA
Project Description: Applicant proposes a two lot subdivision of a 6.72 acre parcel. One lot with the existing residence is to be 2.04 acres and the
second lot of 4.68 acres is to be sold. There is no site work proposed at this time. Pursuant to Chapter 183 of the Zoning Ordinance,subdivision of
land shall be subject to Planning Board review and approval. Variance: Relief is sought for lot width.Planning Board shall provide a recommendation
to the Zoning Board of Appeals_
Ap�licant(s) FRANK SINATRA JR. �_Application Type Site Plan 75-2021
Owner(s) Same as applicant _ ___ — — _�� SEQR Type Type
Agent(s) �� Environmental Design Partnership— I Lot size—� 0.21 acres _
Location 105 Rockhurst Road Ward: 1 Zoning Classification:WR
Tax ID No. 227.9-1-4 Ordinance Reference 179-3-040, 179-4-080, 179-6-060 }
Cross Reference AV 79-2021,BOH 55-2021 _—_u� Warren Co.Referral December 2021 _
Public Hearing J n/a for recommendation — -- Site Inf6rmation_____J. CEA,LGPC,APA —
Project Description: Applicant proposes demolition of an existing 1,562 sq ft footprint home to construct a 1,553 sq ft footprint home with a floor area
of 2,338 sq ft.The new home has 3 levels:foundation area,first floor,and second floor.Pursuant to Chapter 179-3-040, 179-4-080, 179-6-060 of the
Zoning Ordinance,site plan review for a new floor area in a CEA,new hard surfacing within 50 feet of the shoreline,and construction of new building
within 50 feet of 15%slopes shall be subject to Planning Board review and approval.Variance:Relief is sought for setbacks,and floor area.Planning
Board shall make a recommendation to the Zoning Board of Appeals.
New Business:
Appl� icant(s) J_DAVID HOWARD/BRENNAN ESTATES _ _Application Type Subdivision_Modification 13-2021
Owner(s) Same as applicant SEQR Type 1 Unlisted(reaffirm)
Agent(s) Hutchins Engineering Lot size _j 22.72 acres
Location 23 Elsies Way __� Ward:4 Zoning Classification:MDR
Tax ID No. Road 315.10-1-35 �� Ordinance Reference Chapter 183
Cross Reference SUB 13-2006 _ ) Warren Co.Referral n/a for subdivision
Public Hearing _ December 14,2021 — �j Site Information
Project Description: Applicant proposes to modify a 16 lot subdivision to include removal of the boulevard entrance and revision of the stormwater
management plan.There is no change to the number or arrangement of the lots.Subdivision modification required for the update to the subdivision
entrance roadway and stormwater plan.Pursuant to Chapter 183 of the Zoning Ordinance,SEQR review for the updated project shall be subject to
Planning Board review and approval.
Discussion Items:
App�licant(s)) DANIEL MANNIX_v -- Application Type ( Subdivision Sketch Plan 15-2021 1
Owner(s) — 1 Same as applicant — I—SEQR Type 1 Unlisted 1
Agent(s) f Lot size ! 7.49 acres
Location�—_ 1 552 Bay Road _ _— _ Ward_2 Zoning Classification: Office —i—�
Tax ID No. 1 296.12-1-23.1 1 Ordinance Reference 18341 — v�
Cross Reference AV 48-2006 _Warren Co.Referral 1 n/a for discussion
Public Hearing— I n/a for discussion _ 1 Site Information Wetlands
Project Description: Applicant proposes a 3 lot subdivision with lot 1 to be 1.1 acres and lot 2 to be 1.3 acres,both for future office use.Lot 3 to be 4.5
1 acres with existing residential use and buildings to remain;for Subdivision Sketch plan review.Lots would have access to Bay Road and Bayberry
Drive.Site has existing wetlands with some project work for parking area to occur.Project activities may be subject to future review for site plan,
freshwater wetlands,and variances.Pursuant to Chapter 1341,Subdivision Sketch Plan shall be subject to Planning Board review and approval. y
— ---- -- ---- ----- —
Applicant(s) 1 PAUL NASRANI Application Type vj Subdivision Sketch Plan 14-2021 I
Owner(s) i Same as applicant _� SEQR Tyke i Unlisted —
j Agent(s)�— i —� Lot size —� 6.29 acres
Location _ _790 Bay Road —� Ward: 1 _J Zoning Classification: MDR
Tax ID No. 1 289.15-1-47 Ordinance Reference ( 1833-11
Cross Reference 1 BP 179-1968 — Warren Co.Referral 1 n/a for discussion
Public Hearing _n/a for discussion �— 1 Site Information
Project Description: Applicant proposes a 3 lot subdivision with lot 1 to be 2 acres with existing residential use and buildings to remain.Lot 2 will be
2.05 acres and lot 3 will be 2.23 acres,both for future residential house;for Subdivision Sketch Plan review.Lot 1 would maintain existing driveway
access to Bay Road and both of the other 2 lots would have access to an existing separate driveway with improvements on Bay Road.Site drawings
indicate existing wetlands in lots 2 and 3 where some work will occur within 100 feet of the wetlands.Project activities may be subject to future review
for freshwater wetlands with subdivision and variances.Pursuant to Chapter 183-11,Subdivision Sketch Plan shall be subject to Planning Board review
and approval.
-Any further business which may be properly brought before the Board-
Minutes for October 19 and October 26
Draft resolution- grant/deny minutes approval
Administrative Items:
Planning Board Elections
-----------------------------------------------------------------
Site Plan 2-2021 @ 17 Fitzgerald Road
James & Kim Ogden
Draft resolution- grant/deny extension request
----------------------------------------------------------------
Site Plan 33-2021 & Special Use Permit 2-2021 @
333 & 337 Cleverdale Road
San Souci
Draft resolution- grant/deny further tabling
-----------------------------------------------------------------
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
TOWN OF QUEENSBURY PLANNING BOARD
RESOLUTION—GRANT/DENY EXTENSION REQUEST FOR ONE YEAR
SITE PLAN 2-2021 JAMES &KIM OGDEN
Tax Map ID: 289.18-1-13 &289.18-1-45/Property Address: 17 Fitzgerald Road/Zoning: WR
Applicant proposes to merge two parcels to construct a two story addition to the existing home. The existing
home is 1,286 sq. ft. footprint with deck area of 336 sq. ft. Pursuant to Chapter 179-5-020 & 179-13-010 of
the Zoning Ordinance, expansion of a nonconforming structure shall be subject to Planning Board review
and approval.
The Planning Board approved this application on January 26, 2021.
MOTION TO APPROVE A ONE YEAR EXTENSION FOR SP 2-2021 JAMES & KIM OGDEN.
Introduced by who moved for its adoption, seconded by
Duly adopted this 14th day of December 2021 by the following vote:
AYES:
NOES:
Phone: 518.761.8220 ( Fax: 518.745.4437 1 742 Bay Road,Queensbury,NY 12804(www.queensbury.net
Town of Queensbury
Community Development Office
�-- 742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION—Table Site Plan 33-2021 & Special Use Permit 2-2021
333 CLEVERDALE, LLC/SAN SOUCI
Tax Map ID: 226.12-1-43 &44/Property Address: 333 &337 Cleverdale Road/Zoning: WR
MOTION TO TABLE SITE PLAN 33-2021 AND SPECIAL USE PERMIT 2-2021333 CLEVERDALE,
LLC/SAN SOUCI.Revised: Applicant requests approval of outdoor seating area of 24 seats for the restaurant
but occurring on the adjacent parcel (337 Cleverdale Rd.). The restaurant (333 Cleverdale Rd.)had previous
approvals for 105 seats—that is to remain with no changes. Seating location to occur on the main floor and
outdoors—area on the first floor to be used for waiting area of 10 people maximum—no seating on first floor.
Restaurant parcel subject to area variance for permeability (333 Cleverdale Rd.). Adjacent parcel (337
Cleverdale Rd.) subject to area variance for permeability, density and setbacks. Pursuant to Chapter 179-3-
040, 179-4-090 & 179.10 of the Zoning Ordinance, food service in a WR zone shall be subject to Planning
Board review and approval.
Introduced by who moved for its adoption, seconded by
Tabled until the February 15, 2022 Planning Board meeting with information due by January 18,2022.
Duly adopted this 14th day of December 2021 by the following vote:
AYES:
NOES:
Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury,NY 128041 www.queensbury.net
Site Plan 55-2021 & Freshwater Wetlands 1-2021
@ 104 Knox Road
Antonio & Maria Civitella
Draft resolution- grant/deny further tabling
-----------------------------------------------------------------
Recommendation/Rezoning PZ 0811-2021 @ 115
Everts Avenue
Luzerne Holding, Inc.
Draft resolution- grant/deny SEQRA consent for
Town Board to act as lead agency
-----------------------------------------------------------------
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION—Table Site Plan 55-2021 and Freshwater Wetlands 1-2021
ANTONIO &MARIA CIVITELLA
Tax Map ID: 239.7-1-20/Property Address: 104 Knox Road/Zoning: WR
MOTION TO TABLE SITE PLAN 55-2021 & FRESHWATER WETLANDS 1-2021 ANTONIO &
MARIA CIVITELLA. Applicant proposes a tear-down of an existing home to construct a new home with a
footprint of 2,924 sq. ft. and a floor area of 5,465 sq. ft. The project includes installation of a patio area on the
lake side,new driveway area of permeable patio product,new steps to future sundeck and dock,retaining walls
for patio and driveway, new septic, new well, new site plantings and new shoreline plantings. Pursuant to
Chapter 179-3-040 & 179-6-065 of the Zoning Ordinance, new floor area in a CEA,hard-surfacing within 50
ft. of shoreline, shoreline vegetation removal, steep slopes within 50 ft. and work within 100 ft. of wetland
shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks, floor area,
permeability and infiltration practice setback. Planning Board shall provide a recommendation to the Zoning
Board of Appeals.
Introduced by who moved for its adoption, seconded by
Tabled until the January 18, 2022 Planning Board meeting with information due by December 15, 2021.
Duly adopted this 141h day of December 2021 by the following vote:
AYES:
NOES:
Phone: 518.761.8220 1 Fax: 518.745.4437 ( 742 Bay Road, Queensbury,NY 12804 1 www.queensbury.net
Town of Queensbury Planning Board
Community Development Department Staff Notes
December 14, 2021
PZ 0811-2021 LUZERNE HOLDING, INC.
115 Everts Avenue/Commercial Intensive & Commercial Light Industrial/Ward 2
SEQR Type I (Town Board)
Material Review: Petition of Zone Change Application
Parcel History: CO in review
Requested Action
Recommendation to the Town Board
Resolutions
1. Consent to Town Board Lead Agency
2. Recommendation
Proiect Description
Applicant proposes to change a portion of current parcel zoning Commercial Intensive to Commercial Light
Industrial as existing portion of property is already Commercial Light Industrial. The existing 3,600 sq ft
building for HVAC service company to remain.No physical changes will be made to the property. Pursuant to
Chapter 179-15-040, the Town Board may refer proposed zoning amendments to the Planning Board for
recommendation.
Staff Comments
The proposal is to change about a 45,000 +/- sq ft portion of property from Commercial Intensive to
Commercial Light Industrial so the entire 1.11 ac parcel is Commercial Light Industrial. Information in the
RPS files indicates a building was constructed about 1970. The existing business is non compliant and will be
subject to site plan when the zone change occurs or relocate if the change does not occur.
The existing parcel is adjacent to a parcel zone Moderate Density Residential, Commercial Intensive, and
Commercial Light Industrial. The parcel is split zone where a small portion is currently zone Commercial Light
Industrial and has frontage on Homer Avenue adjacent to residential homes on either side. The survey shows
the property has a shared access to Everts Avenue with parcel 302.8-1-33.1 Ill Everts Ave. In addition, the
plans show a drainage easement and a delineated wetland on the North west side of the property.
CLI Zoning Code Excerpt
Commercial-Light Industrial. The purpose of the Commercial-Light Industrial (CLI) District is to provide for
mixed commercial and light industrial uses in order to maximize utilization of this area of the Town that will
enhance the Town's tax base and provide quality jobs,particularly those areas that are in transition between
older industrial uses and newer commercial warehousing and retail uses.
Summary
Staff would recommend Planning Board consent Lead Agency to the Town Board and provide a positive
recommendation to the Town Board
Meeting History: 1st Meeting
Town of Queensbury
742 Bay Road, Queensbury,NY 12804
Town of Queensbury Planning Board
RESOLUTION—TOWN BOARD LEAD AGENCY STATUS AND RECOMMENDATION
PZ 0811-2021 LUZERNE HOLDING, INC.
Whereas the applicant proposes to change a portion of current parcel zoning Commercial Intensive to
Commercial Light Industrial as existing portion of property is already Commercial Light Industrial. The
existing 3,600 sq ft building for HVAC service company to remain.No physical changes will be made to the
property. Pursuant to Chapter 179-15-040,the Town Board may refer proposed zoning amendments to the
Planning Board for recommendation.
MOTION TO CONSENT TO THE QUEENSBURY TOWN BOARD AS THE LEAD AGENCY FOR
CHANGE OF ZONE FOR PZ 0811-2021 LUZERNE HOLDING, INC. Introduced by , who
moved for its adoption;
Duly adopted this 14th day of December 2021, by the following vote:
AYES:
NOES:
MOTION TO PROVIDE A POSITIVE RECOMMENDATION FOR CHANGE OF ZONE FOR PZ
0811-2021 LUZERNE HOLDING,INC. Introduced by ,who moved for its adoption;
Duly adopted this 141h day of December 2021 by the following vote:
AYES:
NOES:
Phone: 518.761.8220 I Fax: S18.745.4437 1742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net
Subdivision (preliminary) 11-2021 & Subdivision
(final) 12-2021 @ 936 State Route 149
Marc Awad
No public hearing
Draft resolution- Planning Board Recommendation
to the Zoning Board of Appeals
Town of Queensbury Planning Board
Community Development Department Staff Notes
December 14, 2021
Subdivision Preliminary 11-2021 MARC AWAD
& Subdivision Final 12-2021 936 State Route 149/Moderate Density Residential/Ward 1
SEQR Unlisted
Material Review: application, survey, test pit information
Parcel History: AV 76-2021
Requested Action
Recommendation to the Zoning Board of Appeals
Resolutions
1. Recommendation
Project Description
Applicant proposes a two lot subdivision of a 6.72 acre parcel. One lot with the existing residence is to be 2.04
acres and the second lot of 4.68 acres is to be sold. There is no site work proposed at this time. Pursuant to
Chapter 183 of the Zoning Ordinance, subdivision of land shall be subject to Planning Board review and
approval. Variance: Relief is sought for lot width, and road frontage. Planning Board shall provide a
recommendation to the Zoning Board of Appeals.
Staff Comments
Preliminary Review—
• Layout plans—The project outlines the two lots proposed where one lot will maintain an existing house and
the another lot will be developed at a later time for a single family home
• Construction details—The plans show the new proposed lot and the test pit locations
• Landscape plans—The project is less than 10 lots so a landscape plan is not required.
• Clearing plan —The applicant requests a waiver to showing a clearing plan. The intent is to develop the lot
after it is sold.
• Grading and erosion plans—The applicant requests a waiver. The intent is to develop the lot after it is sold.
• The Environmental report — The applicant has completed an updated Long Environmental assessment
review for the 2 lots.
• Stormwater management —The applicant has requested a waiver. The intent is to develop the lot after it is
sold.
• Fees—per application.
• Waivers—the applicant has requested waivers
• Open Space—there is no proposal for open space
• Streets—the plans show no new streets.
Final Stage Review—
• Final Plat-subdivision for 2 lots.
• State/County agency—Planning and Zoning Board, and APA
• Other plans reports—Waiver requested for stormwater, clearing,
• Protected open space—none proposed.
Nature of Variance.
The proposed two lot subdivision has less than 200 ft average lot width for the one lot and less than 100 ft of
road frontage for the proposed lot. Relief for physical access is requested as the applicant intends to use the
existing driveway to access the new lot as described in the narrative.
Summary
The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for lot width,
access, and road frontage. The planning board should considered discussion of the waivers.
Meeting History: 1st Meeting
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION-Planning Board Recommendation to Zoning Board of Appeals
Area Variance 76-2021 MARC AWAD
Tax Map ID: 279.-1-52/Property Address: 936 State Route 149/Zoning: MDR
The applicant has submitted an application for the following: Applicant proposes a two lot subdivision of a
6.72 acre parcel. One lot with the existing residence is to be 2.04 acres and the second lot of 4.68 acres is to be
sold. There is no site work proposed at this time. Pursuant to Chapter 183 of the Zoning Ordinance,
subdivision of land shall be subject to Planning Board review and approval. Variance: Relief is sought for lot
width. Planning Board shall provide a recommendation to the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to
provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board
of Appeals &Planning Board approval;
The Planning Board has briefly reviewed and discussed this application, the relief request in the variance
application as well as the potential impacts of this project on the neighborhood and surrounding community,
and found that:
MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE
ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 76-2021 MARC AWAD
Introduced by who moved for its adoption, and
a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that
cannot be mitigated with current project proposal.
OR
b) The Planning Board, based on a limited review,has identified the following areas of concern:
1)
Duly adopted this 141h day of December 2021 by the following vote:
AYES:
NOES:
Phone: 518.761.8220 I Fax: 518.745.4437 (742 Bay Road,Queensbury,NY 12804 1 www.queensbury.net
Site Plan 75-2021 @ 105 Rockhurst Road
Frank Sinatra Jr.
No public hearing
SEAR II
Draft resolution- grant/deny site plan approval
Town of Queensbury Planning Board
et Community Development Department Staff Notes
December 14, 2021
Site Plan 75-2021 FRANK SINATRA JR.
105 Rockhurst Road/Waterfront Residential/Ward 1
SEQR Type II
Material Review: application, narrative, elevations, floor plans, site plans,revised information(size of lot)
Parcel History: AV 79-2021, BOH 55-2021
Requested Action
Recommendation to the Zoning Board of Appeals
Resolutions
1. Recommendation
Project Description
Applicant proposes demolition of an existing 1,562 sq ft footprint home to construct a 1,553 sq ft footprint
home with a floor area of 2,338 sq ft. The new home has 3 levels: foundation area, first floor, and second floor.
Pursuant to Chapter 179-3-040, 179-4-080, 179-6-060 of the Zoning Ordinance, site plan review for a new floor
area in a CEA,new hard surfacing within 50 feet of the shoreline, and construction of new building within 50
feet of 15% slopes shall be subject to Planning Board review and approval. Variance: Relief is sought for
setbacks, and floor area. Planning Board shall make a recommendation to the Zoning Board of Appeals.
Staff Comments
• Location-The project site is located at 105 Rockhurst Road on Lake George. The parcel is 9,336 sq ft.
• Arrangement- The site has an existing home to be removed and a new home with associated site work is be
constructed.
• Site Design- The site work includes a retaining wall and steps to be installed to assist with access from the
house to the shoreline. The parking area is to be permeable pavers
• Building—The new home is to be 1,553 sq ft with a new floor area of 2,338.
• Site conditions-The plans indicate the site contains slopes 15%or greater.
• Grading and drainage plan, Sediment and erosion control-The plans indicate there are two shallow
depression areas. There is also to be permeable block paver for the driveway area. The plans have been
forwarded to the Town engineer for review and comment.
• Landscape plan- The project site is located on Lake George and is subject to the shoreline buffer review.
The applicant provided a plan of the shoreline landscaping to meet the shoreline buffer. Below are the
guidelines from the shoreline buffer code section
o Shoreline Buffer- Section 179-8-040
-Minimum width 35 ft(Lake George)
-For every 700 sgft of shoreline buffer area—one large tree minimum 3 inches in diameter
-For every 350 sq ft of ground cover-7—24 in native shrubs; 14 herbaceous plants
Project site
-82 ft of shoreline per survey
-Shoreline buffer 82 ft X 35 ft width is 2,870 sq ft
-Shoreline buffer area-2,870/700=4.1 round up to 5 -five large trees at 3 inch diameter
-Ground cover-2,780/350=7.9 round up to 8 (X7) =56 native shrubs and 8 (X14)herbaceous
plants=112
o Shoreline Cutting restrictions- Section 179-6-050
- Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75
ft whichever is less
- 82 ft Shoreline X 30%=24.6 feet of the shoreline buffer cut to allow a view, access and to reduce
runoff(such as angled across the lot).
- Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable
within the 30%/75 ft cut area.
• Site lighting plan-The plans indicated typical residential lighting. The applicant is reminded that fixtures
should be down cast.
• Utility details-The plans indicate a new septic system is to be installed. The water supply will be drawn
from the lake.
• Elevations-The elevations show the views of the building from each side.
• Floor plans-The floor plans show the lower level, the main floor and a second floor
• Waivers-Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h.
signage, n traffic, o. commercial alterations/construction details, s. snow removal.
• The waivers requested-Staff finds it reasonable to request a waiver as these items are typically
associated with commercial projects. The applicant has provided information on j. stormwater, k.
topography, 1. landscaping, p floor plans, q. soil logs, r. construction/demolition disposal
• Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the
written request of an applicant. The Board is to review the waivers and to determine if they are to be
granted.
Nature of Variance
The proposed home is to be 48 ft from the shoreline where a 50 ft setback is required. The floor area proposed
is 25% -2,338 sq ft where 22%or 2,054 sq ft is the maximum allowed.
Summary
The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for setbacks
and Floor Area
Meeting History: 1 St Meeting
E-MAILED
Cha vn r� 2 �aoai NORTH COUNTRY OFFICE
_ 20 Elm Street,Suite 110
A LaBeRa Company Glens Falls,NY 12801
P:518.812.0513 or 888.539.9073
www.chazencompanies.com
December 9,2021
Mr.Craig Brown
Zoning Administrator and Code Compliance Officer
Town of Queensbury
742 Bay Road
Queensbury, New York 12804
Delivered via email only:CraigB@queensbury.net
Re: Frank and Laura Sinatra
Town of Queensbury, Warren County, New York
Chazen Project#92100.52
Queensbury Ref#SP75-2021
Dear Mr. Brown:
The Chazen Companies (Chazen) has received a submission package from your office for the above referenced
project. The Applicant is proposing to tear down and rebuild the existing house within the existing footprint.
The applicant is proposing to build a new wastewater system as well.
• Site Plans, prepared by EDP, November 15, 2021;
• Architectural Plans, prepared by Williams and Williams,October 20, 2021;
• Site Plan Review Application,signed and dated November, 16,2021
• Deed, provided by Warren County Clerk, dated July 7, 2021
Your office has requested that we limit our review to the design of stormwater system as it relates to compliance
of local,state or relevant codes and regulations. Based upon our review,Chazen offers the following comments
for the Town's consideration:
Stormwater Management and Erosion and Sediment Control Comments
1. According to the site plan review application,the proposed site improvements will disturb less than one(1)
acre and thus the project is not required to obtain coverage under the NYSDEC SPDES General Permit for
Stormwater Discharges from Construction Activity(GP-0-20-001).However,this project falls within the Lake
George watershed and therefore is subject to the stormwater management requirements set forth in
Section 147-11 of the Town Code for projects within the Lake George Park. Comments related to the
stormwater management and erosion and sediment control features proposed for the site are offered
below:
According to the site plans, this project proposes land disturbance of 8,000 (+/-) square feet and may be
classified as a minor project for stormwater management by Town Code Section 147-11.E(1)(a).
With the minor project classification,the Applicant has opted to use the alternative stormwater calculation
method described in Town code section 147-11.1(2)(a),which allows a flat rate of 1.5 gallons of stormwater
HUDSON VALLEY•CAPITAL DISTRICT® NORTH COUNTRY®WESTCHESTER•TENNESSEE
Chazen Engineering, Land Surveying&Landscape Architecture Co.,D.P.C.(New York)
Chazen Engineering Consultants,LLC(Tennessee)
Town of Queensbury
Frank and Laura Sinatra
December 9,2021
Page 2 of 2
to be used for every square foot net increase in impervious area, where net increase is the difference
between predevelopment and post development conditions.
2. Town Code Section 147-11.1(2)(c)states, "Infiltration devices shall not be installed up gradient within 20 feet
of the subsurface treatment system of a wastewater treatment system." It appears that the permeable
paver system is within 20 feet of the septic drain field. The Applicant shall revise to meet this separation
requirement, and provide neighboring septic drain fields on the site plan for review of setback
requirements.
3. The applicant is to show neighboring water wells on adjacent properties.
4. The test pits for SMA#1 do not appear to be performed deep enough to confirm 2'separation. It does not
appear that test pits were performed for the permeable pavers. However, it does not appear that SMA#1
& #3 are required to meet stormwater regulations as SMA #2 is sufficient to meet the stormwater
requirements.
Conclusion&Recommendation
It is our opinion that the applicant should provide clarification for the above items and incorporate changes in
subsequent plan submissions.
In the event the Planning Board or Town staff have any questions or require additional information, please do
not hesitate to contact me at(518)824-1926.
Sincerely,
,C-,— 141 7n3�s--
Sean M. Doty, P.E., LEED AP,CPMSM
Principal
Director, Municipal Engineering Services
cc: Shauna Baker,Town Planning Office Administrator(via email)
Laura Moore,Town Land Use Planner(via e-mail)
File
Z:\projects\92100-92199\92100.00-Town of Queensbury\92100.52-T.Queensbury-SP75-2021-Frank Sinatra Jr\ENG\REV\92100.52_Sinatra_Stormwater_Review.docx
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury,NY 12804
Town of Queensbury Planning Board
RESOLUTION-Planning Board Recommendation to Zoning Board of Appeals
Area Variance 79-2021 FRANK SINATRA JR.
Tax Map ID: 227.9-1-4/Property Address: 105 Rockhurst Road/Zoning: WR
The applicant has submitted an application for the following: Applicant proposes demolition of an existing
1,562 sq ft footprint home to construct a 1,553 sq ft footprint home with a floor area of 2,338 sq ft. The new
home has 3 levels: foundation area, first floor, and second floor. Pursuant to Chapter 179-3-040, 179-4-080,
179-6-060 of the Zoning Ordinance, site plan review for a new floor area in a CEA, new hard surfacing within
50 feet of the shoreline, and construction of new building within 50 feet of 15% slopes shall be subject to
Planning Board review and approval. Variance: Relief is sought for setbacks, and floor area. Planning Board
shall make a recommendation to the Zoning Board of Appeals.
The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to
provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board
of Appeals &Planning Board approval;
The Planning Board has briefly reviewed and discussed this application, the relief request in the variance
application as well as the potential impacts of this project on the neighborhood and surrounding community,
and found that:
MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE
ZONING BOARD OF APPEALS FOR AREA VARIANCE NO. 79-2021
Introduced by who moved for its adoption, and
a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that
cannot be mitigated with current project proposal.
OR
b) The Planning Board, based on a limited review, has identified the following areas of concern:
1)
Duly adopted this 14th day of December 2021 by the following vote:
AYES:
NOES:
Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road,Queensbury,NY 12804 1 www.queensbury.net
Subdivision Modification 13-2021 @ 23 Elsies Way
David Howard (Brennan Estates)
Public hearing scheduled
Unlisted SEAR
Draft resolution- grant/deny site plan approval
Town of Queensbury Planning Board
Q--w Community Development Department Staff Notes
December 14, 2021
Subdivision Modification 13-2021 DAVID HOWARDBRENNAN ESTATES
23 Elsies Way/Moderate Density Residential/Ward 4
SEQR Unlisted (Reaffirm SEQR)
Material Review: application, subdivision drawings approved and modified, stormwater
Parcel History: SUB 13-2006
Requested Action
Planning Board review and approval for modification of an existing 16 lot subdivision entrance and stormwater
management plan.
Resolutions
1. PB decision
Proiect Description
Applicant proposes to modify a 16 lot subdivision to include removal of the boulevard entrance and revision of
the stormwater management plan. There is no change to the number or arrangement of the lots. Subdivision
modification required for the update to the subdivision entrance roadway and stormwater plan. Pursuant to
Chapter 183 of the Zoning Ordinance, SEQR review for the updated project shall be subject to Planning Board
review and approval.
Staff Comments
Preliminary Review—
Layout plans —The project area was an approved subdivision in 2006. There is one existing home and then 15
new building lots.
Construction details — The plans show proposed house locations, with septic, and water connections. The
applicant has started with clearing for the street and grubbing out the lots.
Landscape plans—The original subdivision had included a boulevard at the entrance way are of the subdivision.
The boulevard had street trees and lampposts to be installed. In addition, the culdesac was to be planted as well.
The proposed project is to remove the boulevard and appears to have less trees in the culdesac.
Clearing plan —The applicant has indicated clearing will occur for each house, site septic and well installation
as lots are sold.
Grading and erosion plans —The plans show topography for each lot area to be developed. The proposed
grading of each lot is also shown.
The Environmental report — The applicant has completed an updated Long Environmental assessment review
for the 16 lots.
Stormwater management —The applicant has provided an updated stormwater management reportwhich has
been provided to the engineer for review and comment
Fees per application.
Waivers—the applicant has not requested waivers
Open Space—there is no proposal for open space
Streets—the plans show no new streets.
Summary
The applicant has completed a preliminary stage application to complete the modification of the subdivision.
The project is to remove the boulevard and update the stormwater management plan.
Meeting History: 1"Meeting
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
SEQR RESOLUTION—Reaffirm Previous SEQR
SUBDIVISION MODIFICATION 13-2021 DAVID HOWARD/BRENNAN ESTATES
Tax Map ID: 315.10-1-35 /Property Address: 23 Elsies Way/Zoning: MDR
The applicant proposes to modify a 16 lot subdivision to include removal of the boulevard entrance and revision
of the stormwater management plan. There is no change to the number or arrangement of the lots. Subdivision
modification required for the update to the subdivision entrance roadway and stormwater plan. Pursuant to
Chapter 183 of the Zoning Ordinance, SEQR review for the updated project shall be subject to Planning Board
review and approval.
The Planning Board has determined that the proposed project and Planning Board action is subject to review
under the State Environmental Quality Review Act;
The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation
Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of
Queensbury;
No Federal or other agencies are involved;
Part 1 of the Long EAF has been completed by the applicant;
Whereas, the Planning Board adopted Resolution SUB 13-2006, on 8/21/2007 adopting SEQRA determination
of non-significance, and
Upon review of the information recorded on the EAF, it is the conclusion of the Town of Queensbury Planning
Board as lead agency reaffirms that this project will result in no significant adverse impacts on the environment,
and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration
is issued.
MOTION TO REAFFIRM NEGATIVE DECLARATION FOR THE PROPOSED SUBDIVISION
MODIFICATION 13-2021 DAVID HOWARD/BRENNAN ESTATES. Introduced by who moved
for its adoption,
Duly adopted this 141" day of December 2021 by the following vote:
AYES:
NOES:
Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road,Queensbury,NY 12804 1 www.queensbury.net
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury,NY 12804
Town of Queensbury Planning Board
RESOLUTION—Approve/Deny Subdivision Modification 13-2021 DAVID HOWARDBRENNAN
ESTATES
Tax Map ID: 315.10-1-35 /Property Address: 23 Elsies Way/Zoning: MDR
A subdivision modification application has been made where the applicant proposes to modify a 16 lot
subdivision to include removal of the boulevard entrance and revision of the stormwater management plan.
There is no change to the number or arrangement of the lots. Subdivision modification required for the
update to the subdivision entrance roadway and stormwater plan. Pursuant to Chapter 183 of the Zoning
Ordinance, SEQR review for the updated project shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-183, the Planning Board
has determined that this proposal satisfies the requirements as stated in the Zoning Code;
The requirements of the State Environmental Quality Review Act have been considered and the Planning
Board has adopted a SEQRA Negative/Positive Declaration
A public hearing was scheduled and held on December 14, 2021
This application is supported with all documentation, public comment, and application material in the file of
record;
MOTION TO APPROVE / DISAPPROVE MODIFICATION FOR SUBDIVISION 13-2021 DAVID
HOWARDBRENNAN ESTATES. Introduced by who moved for its adoption; seconded by
Per the draft provided by staff conditioned upon the following where the property owner is responsible for
the following:
Duly adopted this 14th day of December 2021 by the following vote:
AYES:
NOES:
Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road,Queensbury,NY 12804 1 www.queensbury.net
Subdivision Sketch Plan 15-2021 @ 552 Bay Road
Daniel Mannix
No hearing scheduled
Discussion only
Town of Queensbury Planning Board
_ Community Development Department Staff Notes
December 14, 2021
Subdivision Sketch Plan 15-2021 DANIEL MANNIX
552 Bay Road/Zoning Classification—O, Office/Ward 2
SEQR Unlisted
Material Review: application, draft subdivision plan
Parcel History: AV 48-2006
Requested Action
No action required.
Project Description
Applicant proposes a 3 lot subdivision with lot 1 to be 1.1 acres and lot 2 to be 1.3 acres,both for future office
use. Lot 3 to be 4.5 acres with existing residential use and buildings to remain; for Subdivision Sketch plan
review. Lots would have access to Bay Road and Bayberry Drive. Site has existing wetlands with some project
work for parking area to occur. Project activities may be subject to future review for site plan, freshwater
wetlands, and variances. Pursuant to Chapter 183-11, Subdivision Sketch Plan shall be subject to Planning
Board review and approval.
Staff Comments
The plans show a 3 lot subdivision. One of the lots is an existing home to remain; the other two lots would be
sold for uses allowed in the Office zone where additional review is required.
Code excerpts for review purpose:
Office.
The Office District encompasses areas where professional offices are encouraged. These are located along
arterials adjoining residential areas where compatibility with residential uses is important. The Town desires to
see development of high-quality offices where structures and facilities are constructed with particular attention
to detail, including but not limited to architecture, lighting, landscaping, signs, streetscape,public amenities,
and pedestrian connections. The Office District can function as a transition zone protecting residential zones
from more intensive commercial uses, while providing convenient professional services to residential
neighborhoods. Office and residential facilities should be sited and built to demonstrate compatibility with
adjoining uses and to minimize any negative impacts on adjoining land uses.
§ 179-7-060 Bay Road Office District
This district includes all parcels having road frontage on Bay Road that are within the Office Zoning District as
well as those adjacent parcels as shown on the official Town Zoning Map.
• Site Organization
• Site Design
• Site Lighting
• Sidewalks
Chapter 94 Freshwater Wetlands and Article 9 -Site Plan
The project identifies wetland areas of 0.67 ac. Site Plan review will be triggered for work within 100 ft of the
wetland. Area Variance will also be triggered for setbacks to the buildings to the wetlands where a 75 ft
setback would be required. This appears to be on both proposed lots. The board may consider discussion due
to the trigger of variances.
Summary
Chapter 183 Article 4 provides an outline of the review procedures for sketch plan—
The Planning Board shall study the sketch plan in conjunction with the maps and information as may be
appropriate to determine if the proposed subdivision includes areas where there are severe limitations to
development. The Planning Board shall make advisory recommendations which shall be applicable to the
proposed subdivision.
Meeting History: I"Meeting
Subdivision Sketch Plan 14-2021 @ 790 Bay Road
Paul Nasrani
No hearing scheduled
Discussion only
Town of Queensbury Planning Board
6-t- Community Development Department Staff Notes
December 14, 2021
Subdivision Sketch Plan 14-2021 PAUL NASRANI
790 Bay Road/Zoning Classification—MDR, Moderate Density
Residential/Ward 1
SEQR Unlisted
Material Review: sketch plan application, draft subdivision plan
Parcel History: BP 179-1968
Requested Action
No action required.
Project Description
Applicant proposes a 3 lot subdivision with lot 1 to be 2 acres with existing residential use and buildings to
remain. Lot 2 will be 2.05 acres and lot 3 will be 2.23 acres, both for future residential house; for Subdivision
Sketch Plan review. Lot 1 would maintain existing driveway access to Bay Road and both of the other 2 lots
would have access to an existing separate driveway with improvements on Bay Road. Site drawings indicate
existing wetlands in lots 2 and 3 where some work will occur within 100 feet of the wetlands. Project activities
may be subject to future review for freshwater wetlands with subdivision and variances. Pursuant to Chapter
183-11, Subdivision Sketch Plan shall be subject to Planning Board review and approval
Staff Comments
The plans provided show a three lot subdivision. One of the lots would have an existing house remain and the
other two lots would be sold for new housing.
Code excerpts for review purpose:
Moderate-density residential.
The Moderate Density Residential (MDR) District is intended to protect the character of Queensbury's low-,
medium- and high-density, strictly single-family neighborhoods and to create more walkable neighborhoods.
Subdivision requirements.
1. Minimum area for conservation subdivision: two acres with 50% of subdivided property remaining as
meaningful open space.
2. Design standards and requirements are set forth in § 179-4-010 of Article 4.
Residential Design requirements 179-4-010
Moderate-density residential design.New residential construction and/or development in the Moderate-Density
Residential Zoning Districts shall comply with the following design requirements:
(1) Subdivisions.
(a)Existing stone walls, established hedgerows and/or mature tree lines shall be preserved and utilized for
establishment of lot lines and considered in the lot layout for design of subdivisions.
(b)Flag lots are not allowed.
(c)Private roads are not allowed.
(d)All subdivisions shall include connector streets with existing adjacent residential developments and/or the
reservation of fifty-foot-wide rights-of-way or strips of land (paper streets) to allow for future connecting streets
to lands that are as yet undeveloped but may be utilized in the future for residential development.
(e) Easements with a minimum of 10 feet shall be required along the fronts of lots for provision of off-street
sidewalks or pedestrian paths as well as lighting and utilities where applicable.
(f)Pedestrian and bicycle paths shall be provided to any common facilities and common open space within the
subdivision as well as leading to any schools,playgrounds,parks, and/or public open space or recreational areas
that are located in the vicinity of the subdivision. Bicycle circulation shall be accommodated on streets via a
separate striped four-foot-wide lane on the street and/or on dedicated off-street bicycle paths that may or may
not be shared as a pedestrian path. Where feasible, any existing bicycle routes through the site shall be
preserved and enhanced.
(g) Street layouts shall provide for blocks that are generally in the range of 200 feet to 800 feet deep by 500 feet
to 1,500 feet long. For large subdivisions, a variety of block and lot sizes shall be provided to facility housing
diversity and to avoid uniformity of layout design.
(h) (Reserved)
(i) All common areas, including but not limited to stormwater drainage areas, detention ponds, parks,
playgrounds and open space areas, shall be subject to written maintenance, ownership and usage arrangements
that must be approved by the Planning Board and recorded against each lot in the subdivision.
Chapter 94 Freshwater Wetlands and Article 9 -Site Plan
The project identifies wetland areas of 0.26 ac. Site Plan review will be triggered for work within 100 ft of the
wetland. Area Variance will also be triggered for setbacks to the buildings to the wetlands where a 75 ft
setback would be required. This appears to be on both proposed lots. The board may consider discussion due
to the trigger of variances.
Summary
Chapter 183 Article 4 provides an outline of the review procedures for sketch plan—
The Planning Board shall study the sketch plan in conjunction with the maps and information as may be
appropriate to determine if the proposed subdivision includes areas where there are severe limitations to
development. The Planning Board shall make advisory recommendations which shall be applicable to the
proposed subdivision.
Meeting History: 1st Meeting