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12-16-2021 (Queensbury Planning Board 12/16/2021) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING TH DECEMBER 16, 2021 INDEX Subdivision No. 13-2021 David Howard/Brennan Estates 2. MODIFICATION Tax Map No. 315.10-1-35 FURTHER TABLING Site Plan No. 51-2021 Brett & Pamela West (Main House) 2. FURTHER TABLING Tax Map No. 226.15-1-17 Site Plan No. 52-2021 Brett & Pamela West (Guest House) 4. FURTHER TABLING Tax Map No. 226.15-1-16 Site Plan No. 74-2021 Fabian Hererra/The Landing 4. Tax Map No. 296.19-1-14.2 Subdivision No. 11-2021 Marc Awad 6. PRELIMINARY STAGE Tax Map No. 279.-1-52 Subdivision No. 12-2021 FINAL STAGE Site Plan No. 75-2021 Frank Sinatra, Jr. 10. Tax Map No. 227.9-1-4 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH’S MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury Planning Board 12/16/2021) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING DECEMBER 16, 2021 7:00 P.M. MEMBERS PRESENT STEPHEN TRAVER, CHAIRMAN CHRIS HUNSINGER, VICE CHAIRMAN DAVID DEEB, SECRETARY JOHN SHAFER MICHAEL DIXON BRAD MAGOWAN MICHAEL VALENTINE LAND USE PLANNER-LAURA MOORE MR. TRAVER-Good evening, ladies and gentlemen. Welcome to the Town of Queensbury Planning Board th meeting for Thursday, December 16, 2021. This is our second meeting for the month of December, our 25 and final meeting for 2021. If you’d take note of the illuminated exit signs. In the event of an emergency, those are the emergency exits. If you have a phone or other electronic device, if you would either turn it off or turn the ringer off so it won’t interrupt our proceedings. All of the projects as it happens on our agenda tonight have public hearings, and they will be announced individually as they arise. Other than during the public hearing, I would ask that if you wish to converse among yourselves, to please go to the outer room to do that. We do record minutes and it makes it difficult to transcribe those minutes when there are multiple conversations going on. So we appreciate that. December, as we stated, Tuesday, the first meeting of the month, December is also the annual meeting for the Planning Board and we do have a final process for our election procedure this evening. Tuesday we heard a report from Chris from the nominating committee and explained that tonight we would review that and take additional nominations and then vote. So we will do that now. I guess, Chris, if you maybe want to repeat the results of the nominating committee then we’ll ask for any additional nominations. MR. HUNSINGER-So the candidates proposed by the nominating committee are Stephen Traver for Chairman; David Deeb for Vice Chair; and then Michael Dixon for Secretary. MR. TRAVER-Okay. Thank you. Are there any additional nominations for any of those positions? Okay. Hearing none, then I will close the nominations, and, Mr. Secretary, if you’d like to make a motion to approve the slate of officers from the nominating committee, then we can vote on that. RESOLUTION TO APPROVE SLATE OF OFFICERS FOR QUEENSBURY PLANNING BOARD 2022 CHAIRMAN: MOTION TO NOMINATE STEPHEN TRAVER FOR CHAIRMAN OF THE PLANNING BOARD FOR 2022. Introduced by David Deeb who moved for its adoption, seconded by Brad Magowan: th Duly adopted this 16 day of December 2021 by the following vote: AYES: Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver NOES: NONE VICE-CHAIRMAN: MOTION TO NOMINATE DAVID DEEB FOR VICE-CHAIRMAN OF THE PLANNING BOARD FOR 2022. Introduced by David Deeb who moved for its adoption, seconded by Brad Magowan: th Duly adopted this 16 day of December 2021 by the following vote: AYES: Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver NOES: NONE SECRETARY: MOTION TO NOMINATE MICHAEL DIXON FOR SECRETARY OF THE PLANNING BOARD FOR 2022. Introduced by David Deeb who moved for its adoption, seconded by Brad Magowan: 2 (Queensbury Planning Board 12/16/2021) th Duly adopted this 16 day of December 2021 by the following vote: MRS. MOORE-So I just want to confirm. You’re not doing them separately. You’re doing them as one motion? MR. TRAVER-Yes. The way the By-Laws read, if there are no other nominations, the entire slate can be voted on by the Board. Unless, do the Board members want to vote on them individually? We can. I mean that’s the way we’ve done it the last couple of years. MR. VALENTINE-One vote, one slate. AYES: Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver NOES: NONE MR. TRAVER-All right. Thank you. The other administrative item we have this evening is Subdivision Modification 13-2021 for David Howard/Brennan Estates. ADMINISTRATIVE ITEM: SUB (M) 13-2021 DAVID HOWARD/BRENNAN ESTATES REQUEST FOR TABLING TO JANUARY 18, 2021 th MR. TRAVER-They’re requesting a tabling to January 18. Laura? MRS. MOORE- The other evening you understood they weren’t present. MR. TRAVER-Right. MRS. MOORE-I talked to the representative Tom Center. The other day I saw him in the office. He was dropping off another application, and he apologizes. He had messed up the scheduling on his calendar. He had it scheduled for next week to come in. I’m glad I stopped him when he did come in and so he would like to be tabled to the first meeting in January for the Planning Board. MR. TRAVER-Okay. Very good. Thank you. Any questions or discussion on that? Okay. MRS. MOORE-For the record, you’re going to leave the public hearing open. MR. TRAVER-Yes, thank you. We’ll leave the public hearing open for that and re-hear that application th on January 18. PUBLIC HEARING OPENED RESOLUTION TABLING SUB MOD. # 13-2021 DAVID HOWARD/BRENNAN ESTATES 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. MOTION TO TABLE SUBDIVISION MODIFICATION 13-2021 DAVID HOWARD/BRENNAN ESTATES. Introduced by David Deeb who moved for its adoption, Tabled to the January 18, 2022 Planning Board meeting. th Motion seconded by Michael Valentine. Duly adopted this 16 day of December 2021 by the following vote: AYES: Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Traver NOES: NONE MR. TRAVER-Okay. Thank you. Next we move to our regular agenda and we have two tabled items that are actually going to be tabled again this evening. SITE PLAN NO. 51-2021 SEQR TYPE: TYPE II. BRETT & PAMELA WEST (MAIN HOUSE). AGENT(S): EDP. OWNER(S): SAME AS APPLICANTS. ZONING: WR. LOCATION: 106 BAY PARKWAY. (REVISED 11/22/2021) APPLICANT PROPOSES TO DEMO EXISTING HOME 3 (Queensbury Planning Board 12/16/2021) PLUS SHED AND CONSTRUCT A NEW HOME WITH A 5,004 SQ. FT. FOOTPRINT WITH A GARAGE. ALSO, INCLUDED IS INSTALLATION OF 1,649 SQ. FT. OF PERMEABLE PATIO AREA, A COVERED WALKWAY BETWEEN THE TWO PROPERTIES AND CONSTRUCTION OF A 500 SQ. FT. BARN. THE NEW FLOOR AREA WILL BE 8,764 SQ. FT. WHERE THE MAXIMUM ALLOWED IS 8,687 SQ. FT. THE PROJECT INCLUDES SITE WORK FOR NEW LANDSCAPING SHORELINE AND RESIDENTIAL HOUSE, SEPTIC, STORMWATER MANAGEMENT, DRIVEWAY AREA, A COVERED WALKWAY BETWEEN THE MAIN HOME AND A PROPOSED HOME ON THE ADJOINING PARCEL. PROJECT INCLUDES A LOT LINE ADJUSTMENT BUT NO CHANGE TO LOT SIZE. SITE PLAN FOR NEW FLOOR AREA IN A CEA AND HARD SURFACING WITHIN 50 FT. OF THE SHORELINE. CROSS REFERENCE: 53-2017 SEPTIC VAR.; AV 47-2007 & SP 39-2007 – BOATHOUSE; SP PZ 89-2016 & SP PZ 210-2016 & AV 95-2016 – ADDITION; SP 37-2009; AV 57-2021; SP 52-2021. WARREN CO. REFERRAL: AUGUST 2021. SITE INFORMATION: APA, CEA, LGPC. LOT SIZE: 0.91 ACRE. TAX MAP NO. 226.15- 1-17. SECTION: 179-3-040; 179-6-065. MR. TRAVER-If anyone is here for the Brett & Pamela West application, either for the Main House or the Guest House, and this is Site Plan 51-2021 or Site Plan 52-2021, both of those applications are going to be tabled until February. Laura, do you have additional information on that? MRS. MOORE-So at last night’s Zoning Board meeting the Board tabled it and gave direction to the applicant to come up with some different alternatives to the plan that they presented. They sort of gave them some guidance that they didn’t feel that they did exactly what they had asked for. MR. TRAVER-Okay. All right. MR. SHAFER-Can I ask, Mr. Chairman, what that guidance was? MRS. MOORE-They wanted to see a different change on the site. They thought that the setback and the floor area were still an issue, and it wasn’t consistent throughout the Board. So not everyone thought the same thing. MR. SHAFER-For both lots? MRS. MOORE-They only primarily discussed the main lot, but they ultimately tabled both of them. MR. TRAVER-That will probably have sort of a trickle-down effect on the guest house as well I would assume. MRS. MOORE-I think so. MR. TRAVER-Okay. Well, we’ll table them one at a time. The first one is Brett and Pamela West, the main house, Site Plan 51-2021. We’ll go ahead and open the public hearing on that and we’ll leave that nd open until the requested, the planned tabling date, which is February 22. PUBLIC HEARING OPENED MRS. MOORE-Yes, it’s the second Planning Board meeting. MR. TRAVER-The second Planning Board meeting in February. Okay, and I didn’t see a draft tabling motion. MR. DEEB-We’re all set. RESOLUTION TABLING SP # 51-2021 BRETT & PAMELA WEST (MAIN HOUSE) The applicant has submitted an application to the Planning Board: (Revised 11/22/2021) Applicant proposes to demo existing home plus shed and construct a new home with a 5,004 sq. ft. footprint with a garage. Also, included is installation of 1,649 sq. ft. of permeable patio area, a covered walkway between the two property and construction of a 500 sq. ft. barn. The new floor area will be 8,764 sq. ft. where the maximum allowed is 8,687 sq. ft. The project includes site work for new landscaping shoreline and residential house, septic, stormwater management, driveway area, a covered walkway between the main home and a proposed home on the adjoining parcel. Project includes a lot line adjustment but no change to lot size. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. MOTION TO TABLE SITE PLAN NO. 51-2021 BRETT & PAMELA WEST (MAIN HOUSE), Introduced by David Deeb who moved for its adoption, nd Tabled to the Town of Queensbury Planning Board meeting of February 22, 2022. 4 (Queensbury Planning Board 12/16/2021) th Motion Seconded by Brad Magowan. Duly adopted this 16 day of December, 2021, by the following vote: AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Dixon, Mr. Traver NOES: NONE MR. TRAVER-Next we have Brett & Pamela West, the Guest House, which is Site Plan 52-2021. SITE PLAN NO. 52-2021 SEQR TYPE: TYPE II. BRETT & PAMELA WEST (GUEST HOUSE). AGENT(S): EDP. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 108 BAY PARKWAY. APPLICANT PROPOSES CONSTRUCTION OF A NEW HOME WITH 3,437 SQ. FT. OF FLOOR AREA AND 2,250 SQ. FT. FOOTPRINT. THE HOME IS TWO STORY WITH AN ATTACHED GARAGE. THE PROJECT INCLUDES A COVERED WALKWAY FROM THE HOME TO THE PROPOSED ADJOINING HOME AND INSTALLATION OF PERMEABLE PAVER AREAS. SITE WORK INCLUDES STORMWATER MANAGEMENT WITH A RAIN GARDEN, NEW SITE PLANTINGS, NEW SEPTIC AND NEW LINE FOR DRINKING WATER. PROJECT INCLUDES A LOT LINE ADJUSTMENT BUT NO CHANGE TO LOT SIZE. SITE PLAN FOR NEW FLOOR AREA IN A CEA AND HARD SURFACING WITHIN 50 FT. OF THE SHORELINE. CROSS REFERENCE: DEMO 803-2019; AV 52-2009 & SP 54-2009; PT 802-2019 SEPTIC; 2010-184 ADDITION; SEPT 343-2021 SEPTIC ALT.; AST 433-2020 BOATHOUSE; SP 51-2021, AV 58-2021. WARREN CO. REFERRAL: AUGUST 2021. SITE INFORMATION: APA, CEA, LGPC. LOT SIZE: .34 ACRE. TAX MAP NO. 226.15-1-16. SECTION: 179-3-040, 179-6-065. MR. TRAVER-This also is scheduled to be tabled pending additional ZBA review, and again, as with the first application, we will open the public hearing on this and leave it open until we re-hear the application in February. So we’ll entertain a motion. RESOLUTION TABLING SP # 52-2021 BRETT & PAMELA WEST (GUEST HOUSE) The applicant has submitted an application to the Planning Board: (Revised 10/04/2021 – no revision for Dec.) Applicant proposes construction of a new home with 3,437 sq. ft. floor area and 2,250 sq. ft. footprint. The home is two story with an attached garage. The project includes a covered walkway from the home to the proposed adjoining home and installation of permeable paver areas. Site work includes stormwater management with a rain garden, new site plantings, new septic, and new line for drinking water. Project includes a lot line adjustment but no change to lot size. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. MOTION TO TABLE SITE PLAN NO. 52-2021 BRETT & PAMELA WEST (GUEST HOUSE), Introduced by David Deeb who moved for its adoption, nd Tabled to the Town of Queensbury Planning Board meeting of February 22, 2022. th Motion Seconded by Brad Magowan. Duly adopted this 16 day of December, 2021, by the following vote: AYES: Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Traver NOES: NONE MR. TRAVER-All right. Next we move to the next section of our agenda which is New Business. The first item being Fabian Hererra/The Landing, Site Plan 74-2021. NEW BUSINESS: SITE PLAN NO. 74-2021 SEQR TYPE: TYPE II. FABIAN HERERRA/THE LANDING. OWNER(S): 27 WOODVALE ROAD, LLC. ZONING: OFFICE. LOCATION: 27 WOODVALE ROAD. APPLICANT PROPOSES TO REMOVE 310SQ. FT. OF EXISTING SMALL SHEDS O INSTALL A 16X32 SQ. FT. METAL SHED. THE APPLICANT INTENDS TO USE IT FOR MAINTENANCE EQUIPMENT FOR THE FACILITY. THE SHED WILL BE ACCESSED FROM THE EXISTING PAVED AREA AND WILL BE LOCATED TO THE REAR OF THE PROPERTY ON THE NORTHEAST SIDE. PURSUANT TO CHAPTER 179-9-120, 179-5-020, MODIFICATION OF AN APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SP 50-1998, SUB 8-1998. WARREN CO. REFERRAL: DECEMBER 2021. LOT SIZE: 7.38 ACRES. TAX MAP NO. 296.19-1-14.2. SECTION: 179-9-120, 179-5-020. FABIAN HERERRA, PRESENT 5 (Queensbury Planning Board 12/16/2021) MR. TRAVER-Laura? MRS. MOORE-So this applicant proposes to remove an existing 310 square foot existing shed and other small sheds on the property to install a 16 by 32 square foot metal shed. It’s a maintenance building. The shed will be accessed from the existing paved area and will be located to the rear of the property on the northeast side. MR. TRAVER-Okay. Thank you. Is there someone here to represent The Landing? Good evening. MR. HERERRA-Good evening. I’m Fabian Hererra. I’m with MCG Architecture. I’m here representing The Landing in Queensbury, and I wanted to be here if you have any questions on the proposed storage shed. MR. TRAVER-So there’s a 310 square foot maintenance shed there now and they want to get rid of that and put up a 512 square foot maintenance shed. Correct? MR. HERERRA-Correct. MR. TRAVER-All right. Well that seems fairly straightforward. Are there questions or comments from members of the Board? MR. MAGOWAN-What took you so long? My aunt was there for 13 years. So I know the building very well. MR. HERERRA-Yes, they need the storage out there. They do. MR. TRAVER-There is a public hearing on this application as well. Is there anyone in the audience that wanted to address the Planning Board on this application? I’m not seeing any. Are there any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. We’ll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-Is there any further discussion or questions for the applicant? I guess we’re ready for the motion. RESOLUTION APPROVING SP # 74-2021 FABIAN HERERRA/THE LANDING The applicant has submitted an application to the Planning Board: Applicant proposes to remove 310 sq. ft. of existing small sheds to install a 16x32 sq. ft. metal shed. The applicant intends to use it for maintenance equipment for the facility. The shed will be accessed from the existing paved area and will be located to the rear of the property on the northeast side. Pursuant to Chapter 179-9-120, 179-5-020, modification of an approved site plan shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board made a recommendation to the Zoning Board of Appeals on December 14, 2021; the ZBA approved the variance requests on December 15, 2021; The Planning Board opened a public hearing on the Site plan application on December 16, 2021 and continued the public hearing to December 16, 2021 when it was closed, The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including December 16, 2021; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN 74-2021 FABIAN HERRERA/THE LANDING; Introduced by David Deeb who moved for its adoption; 6 (Queensbury Planning Board 12/16/2021) Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: g. site lighting, h. signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction details, , q. soil logs, r. construction/demolition disposal s. snow removal. The Board finds it reasonable to request a waiver for these items as there are no changes to purpose of the existing building and the proposed shed is to be used for site maintenance. The applicant has provided p. floor plans. 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired if you have not yet applied for a building permit or commenced significant site work. 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) If application was referred to engineering, then engineering sign-off required prior to signature of Zoning Administrator of the approved plans; b) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements, c) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; d) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; e) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; f) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; g) Resolution to be placed on final plans in its entirety and legible. th Motion seconded by John Shafer. Duly adopted this 16 day of December 2021 by the following vote: AYES: Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Traver NOES: NONE MR. HERERRA-Is there anything in writing that I would get of that approval? MR. TRAVER-Yes. You’ll get a letter. You’ll get a letter from the Planning Office, and reach out to the Planning Office via Laura if you have any questions. MRS. MOORE-So you’ll receive a notice probably tomorrow via e-mail, but give me a call because you’ll also have to submit final plan sets with the resolution. MR. HERERRA-Would I just submit them directly? MRS. MOORE-You’ll end up submitting them. You’ll end up submitting hard copies as well as an e-mail about what we call a compliance letter, and then you’ll also get a copy of the resolution. MR. HERERRA-Thank you. MR. TRAVER-Next on our agenda is Old Business. The first item being Marc Awad, Subdivision Preliminary Stage 11-2021 and Final Stage 12-2021. OLD BUSINESS: SUBDIVISION PRELIMINARY STAGE 11-2021 SUBDIVISION FINAL STAGE 12-2021 SEQR TYPE: UNLISTED. MARC AWAD. OWNER(S): SAME AS APPLICANT. ZONING: MDR. LOCATION: 936 STATE ROUTE 149. 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. CROSS REFERENCE: AV 76-2021. WARREN CO. REFERRAL: N/A FOR SUBDIVISION. SITE INFORMATION: APA. LOT SIZE: 6.72 ACRES. TAX MAP NO. 279.-1-52. SECTION: CHAPTER 183 MARC AWAD, PRESENT MR. TRAVER-Laura? 7 (Queensbury Planning Board 12/16/2021) MRS. MOORE-So the applicant proposes a two lot subdivision of the 6.72 acre parcel. The applicant did receive the variances last evening. One lot would be 2.04 acres. The house to remain, and then the second lot 4.68 acres, and this time it’s either going to be sold or be developed by the applicant. MR. TRAVER-Okay. Thank you. Good evening. So at last night’s meeting you received your variance. MR. AWAD-Yes. MR. TRAVER-No changes, I would assume, as a result of last night’s variance. So it’s the same as we looked at it on Tuesday. MR. AWAD-Exactly. MR. TRAVER-Okay. Questions, comments from members of the Board? Fairly straightforward I guess. So we have Preliminary Stage first. I’m sorry. We have a public hearing on this as well. Did anyone want to comment to the Planning Board on this application, anyone from the audience? Are there any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. So we will then open and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-And we can entertain the Preliminary Stage resolution. MR. DEEB-We have a draft resolution for a Positive or Negative Declaration. MR. HUNSINGER-Right Yes. We have to do SEQR. Unlisted SEQR. Correct. My apologies. So does anyone have any environmental concerns on the creation of this Subdivision? I’m not hearing any. So go ahead and process the SEQR. RESOLUTION GRANTING A NEGATIVE SEQR DEC. SUB. PRELIM. STAGE 11-2021 MARC AWAD The applicant proposes 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 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; Part 2 of the Long EAF has been reviewed by the Planning Board; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO GRANT A NEGATIVE DECLARATION FOR SUBDIVISION PRELIMINARY 11-2021 MARC AWAD. Introduced by David Deeb who moved for its adoption, seconded by Brad Magowan; As per the resolution prepared by staff. 1. Part II of the Long EAF has been reviewed and completed by the Planning Board. 2. Part III of the Long EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. 8 (Queensbury Planning Board 12/16/2021) th Duly adopted this 16 day of December 2021 by the following vote: AYES: Mr. Valentine, Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Traver NOES: NONE MR. TRAVER-All right, and now we can do the Preliminary Stage draft resolution. RESOLUTION APPROVING SUB. PRELIM. STAGE 11-2021 MARC AWAD A subdivision application has been made to the Queensbury Planning Board 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. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-183, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration A public hearing was scheduled and held on December 16, 2021; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SUBDIVISION PRELIMINARY STAGE 11-2021 MARC AWAD. Introduced by David Deeb who moved for its adoption. th Motion seconded by Michael Dixon. Duly adopted this 16 day of December 2021 by the following vote: AYES: Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver NOES: NONE MR. TRAVER-And last but not least, Final Stage. RESOLUTION APPROVING SUB. FINAL STAGE 12-2021 MARC AWAD A subdivision application has been made to the Queensbury Planning Board 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. 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; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SUBDIVISION FINAL STAGE 12-2021 MARC AWAD. Introduced by David Deeb who moved for its adoption. 1. The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration; and if the application is a modification, the requirements of the State Environmental Quality Review Act have been considered, and the proposed modification\[s\] do not result in any new or significantly different environmental impacts, and, therefore, no further SEQRA review is necessary; 2. Waiver requests granted: stormwater and site development 3. The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired if you have not yet applied for a building permit or commenced significant site work. 9 (Queensbury Planning Board 12/16/2021) 4. 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 5. If provided to engineering then Engineering sign-off required prior to signature of Planning Board Chairman. 6. The applicant must submit a copy of the following to the Town: a) The project NOI (Notice of Intent) for coverage under the current NYSDEC SPDES General Permit or for coverage under an individual SPDES prior to the start of any site work. b) The project NOT (Notice of Termination) upon completion of the project; and 7. The applicant must maintain on their project site, for review by staff: a) The approved final that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; and b) The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project. 8. Final approved plans, in compliance with the Subdivision, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel. 9. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 10. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; 11. As-built plans to certify that the subdivision is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; 12. Site Plan application to be submitted when property is to be developed. th Motion seconded by Brad Magowan. Duly adopted this 16 day of December 2021 by the following vote: MRS. MOORE-I had pointed out that the applicant had requested some waivers. So you should identify some of the waivers and whether you’re going to do anything in regards to making a condition in the resolution, I probably should have interrupted you before you made your motion. So in regards to, the applicant requested waivers from stormwater and some of the site development because it doesn’t show the actual house location. The applicant did show the test pit which was beneficial to show you that they could put a house and a septic there, and it’s up to you whether you actually request site plan for the house when it gets developed, requesting that information. MR. TRAVER-Yes, good point. Yes, I think we would like to do site plan when that is eventually developed so we have the opportunity to review all of that. So we’ll make that. MR. MAGOWAN-We didn’t discuss that Tuesday? MRS. MOORE-We discussed it, but now is the time to put it into your resolution. MR. MAGOWAN-All right. AYES: Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Traver NOES: NONE MR. AWAD-So, Laura, can I ask you one question. So now I would get a hold of the surveyor to create the mylar? MRS. MOORE-Yes. MR. AWAD-And then I can work with the attorney to separate the deed? MRS. MOORE-To separate the deed and then with the surveyor there will be information about the resolution that needs to go on the mylar. MR. AWAD-Okay. 10 (Queensbury Planning Board 12/16/2021) MRS. MOORE-You will get a compliance letter and a resolutions via e-mail, and that information we can share with the surveyor in the format that he needs so that it fits on the mylar. MR. AWAD-Do you need a copy of this mylar? MRS. MOORE-You’ll have to turn it in so that it gets signed by the Chairperson, and then you’ll end up submitting a certain amount of paper copies to our office. MR. AWAD-Okay. I appreciate that. MR. TRAVER-The next item on our agenda is Frank Sinatra, Jr., Site Plan 75-2021. SITE PLAN NO. 75-2021 SEQR TYPE: TYPE II. FRANK SINATRA, JR. AGENT(S): ENVIRONMENTAL DESIGN PARTNERSHIP. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 105 ROCKHURST ROAD. 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 50FEET OF THE SHORELINE, AND CONSTRUCTION OF NEW BUILDING WITHIN 50 FEET OF 15% SLOPES SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 79- 2021, BOH 55-2021. WARREN CO. REFERRAL: DECEMBER 2021. SITE INFORMATION: CEA, LGPC, APA. LOT SIZE: 0.21 ACRES. TAX MAP NO. 227.9-1-4. SECTION: 179-4-030, 179-4-080, 179-6-060. CHRIS KEIL, REPRESENTING APPLICANT, PRESENT MR. TRAVER-Laura? MRS. MOORE-So this applicant proposes to demo an existing building and construct a new home. The new home has three levels of foundation area, a first floor and a second floor. The foundation area is a walkout basement. The applicant did receive their variances from the other night, which is a setback and a floor area. MR. TRAVER-Okay. Thank you. Good evening. Welcome back. MR. KEIL-Good evening. Chris Keil. There’s not much to really report to you. We had talked to you recently. I’d be happy to answer any questions. MR. TRAVER-You did receive your variances. Were there any changes to your project as a result of the ZBA review? MR. KEIL-No. MR. TRAVER-So it’s the same as we looked at on Tuesday. MR. KEIL-Absolutely. I did provide, I know Mr. Magowan had questions about the wastewater system. So we looked into that a little more. It’s a State of the Art secondary level treatment. The force goes up to the drain field. That was one thing I remember from our discussion last time. MR. TRAVER-Okay. Brad, is that what you were looking for? MR. MAGOWAN-I appreciate that. Thank you for looking into it. MR. TRAVER-Other questions from members of the Board? MR. SHAFER-Just one. The Town Engineer letter talks about locating adjacent wells and the septics. Has that been done? MR. KEIL-Yes. The adjacent properties are all lake water. So that is not something. It’s not shown on the plans. MR. TRAVER-So there are no adjacent wells. MR. KEIL-Exactly. Yes. 11 (Queensbury Planning Board 12/16/2021) MR. DIXON-Just to refresh my memory. You had talked about it at the last meeting. There are four bedrooms now, and they’re going to remain four bedrooms or are you three now and you’re going to four? MR. KEIL-It’s four and remaining at four. MR. TRAVER-Are there other questions, comments from members of the Board? So we do have a public hearing on this application. We had no audience. So I’m assuming there’s no questions from anyone there. Are there any written comments, Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. Then we will open and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-SEQR Type II. If there’s nothing further we can entertain a motion. RESOLUTION APPROVING SP # 75-2021 FRANK SINATRA, JR. The applicant has submitted an application to the Planning Board: 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. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board made a recommendation to the Zoning Board of Appeals on December 14, 2021; the ZBA approved the variance requests on December 15, 2021; The Planning Board opened a public hearing on the Site plan application on December 16, 2021 and continued the public hearing to December 16, 2021, when it was closed, The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including December 16, 2021; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE SITE PLAN 75-2021 FRANK SINATRA JR.; Introduced by David Deeb who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted; g. site lighting, h. signage, n traffic, o. commercial alterations/ construction details, s. snow removal. The Board 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, l. landscaping, p floor plans, q. soil logs, r. construction/demolition disposal 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired if you have not yet applied for a building permit or commenced significant site work. 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff; b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; 12 (Queensbury Planning Board 12/16/2021) e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements;- f) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy. k) This resolution is to be placed in its entirety on the final plans th Motion seconded by Brad Magowan. Duly adopted this 16 day of December 2021 by the following vote: AYES: Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Dixon, Mr. Traver NOES: Mr. Deeb MR. TRAVER-You’re all set. All right. Well that concludes our agenda. I just wanted to take a minute just to thank everyone for all the work that everyone did in 2021. I think we had an interesting year, a successful year. I look forward to 2022. Hopefully we could maybe get this Pandemic behind us, but I did want to make a special thanks to John and Chris for their service to the Planning Board. You gentlemen will certainly be missed, and we thank you for your service, and again, thanks to Chris for taking on the nominating committee role, and we will re-convene in January for our organizational meeting. MR. SHAFER-Mr. Chairman, and I would like to just say thank you to the Planning Staff. It’s been both pleasurable and rewarding to work with the Staff and with the Planning Board, and a special thanks to you and David and Chris for providing the leadership during the time I’ve been serving on the Board. Between the Staff and you and the leadership, it’s made it much easier, both enjoyable and rewarding. Thank you very much. MR. TRAVER-Yes, well that’s nice to know. Thank you. MR. HUNSINGER-I just want to say similar thoughts, and I enjoy it. For me it’s been a few more years than most. It goes by fast, and I mean I certainly enjoyed it. We have a good Board now. As you mentioned the other night, to have seven people apply to be a member of the Planning Board really is a testament to the professionalism and the good job the Staff does. It’s really interesting how it has evolved since I’ve started. The Staff comments, for example. We used to kind of go through those one at a time because those are all the site plan review criteria that are listed in Staff comments. We’d go through those one at a time and ask for comments from Board members. It took us a while to come up with the format that we have now which makes things so much easier. Of course having good Staff helps. MR. TRAVER-Absolutely. MR. SHAFER-One concern I’ve always had on the Board, Steve, is that FAR. MR. TRAVER-Yes. MR. SHAFER-Fifty foot lot on Glen Lake or the instance of the West properties on Assembly Point. Because of the strange shape of that lot, the FAR comes out much more favorable to the applicant than I think it should. MR. TRAVER-Well there’s no question, and traditionally it’s one of the issues that we’ve had as a Town that, you know, these lots mainly were camps, and so people are buying them and then they’re wanting to put year round homes on them and a year round home is different than a weekend retreat. So they’re trying to put a normal size lot in an undersized lot in a CEA or whatever. 13 (Queensbury Planning Board 12/16/2021) MR. SHAFER-One way to do it would be to remove the square footage that is included in the setbacks. So you only include the square footage of the buildable portion of the lot in the FAR calculation. That would be another way to do it. Just drop the number to 15% or something like that. MR. TRAVER-Yes. MR. HUNSINGER-I like that idea, you know, I mean on subdivisions you take out the unusable land when you try to figure out how many lots you can do. So I think that’s a good idea. And I don’t know if Laura knows the status of it, but the Town did put out an RFP to consultants to re-do the Comprehensive Land Use Plan and Zoning Code. I can’t remember when they were due. MRS. MOORE-I thought it was towards the middle of January . MR. HUNSINGER-Yes, I didn’t think the date had come up yet. MR. TRAVER-So that’s on the plan for 2022. MR. HUNSINGER-But it is in the works to have the Plan re-done and I think those were some of the issues that we’re really struggling with is FAR, lot coverage. MRS. MOORE-So it’ll be both the Comprehensive Plan and the Planning and Zoning Codes. What the RFP was put out for was both the Comprehensive Plan and the Planning and Zoning Code. MR. HUNSINGER-Right. MR. TRAVER-Interesting. So that’s on the agenda for 2022 to complete that? MRS. MOORE-No, I don’t know if it’s completed. The RFP went out to review a firm that would assist us with that. MR. HUNSINGER-Yes, it will probably take more than a year to do both. MR. TRAVER-I was thinking it wouldn’t since it’s modifying instead of creating one. It’s already. All right. Well, if there’s no other business. MRS. MOORE-Thank you so much. MR. MAGOWAN-I would like to jus, one, start off by saying thank you, Chris. Twenty-one years. I can see an end game now. Twenty-one we’re out. I’ve seen all sides come together, from Building and Codes to our Planning and our Zoning, you know, being in the trade for so many years, the word was out, you know, we’re awful to deal with, blah, blah, blah, and, you know, we did, we pulled a good Board together and a lot of that was under your leadership at the time, Chris. MR. TRAVER-That’s right. MR. MAGOWAN-You’ve always been fair, and I’ve only seen you crack once under temper which was really shocking. I’ll never forget that. MR. DEEB-I remember that. MR. MAGOWAN-Someone pushed the envelope too far, but, you know, I respect, though, what you have brought to the Town of Queensbury for 21 years. That’s quite an honor. You’re going to greatly be missed and again thank you. MR. DEEB-Hear, hear, Chris. Thank you so much. MR. TRAVER-John, thank you so much. MR. MAGOWAN-John, I really enjoyed sitting next to you for so long. It was so nice. I want to thank you and what you have brought to the road cuts and the traffic. Each one of us I think brings something to the Board in a unique fashion, and you really have brought a unique point of view to the Board in some of your questions, and that’s one of the things I love as we go through the different things. I mean Chris was always lighting. MR. HUNSINGER-By default. No one else wanted to talk about it. MR. MAGOWAN-But thank you really for your service and I hope you have a great holiday both of you and I hope to see you next year. I also want to congratulate the members who are joining us, one our new alternate. Mike, I welcome you. I enjoyed sitting next to you, too. I want to welcome you, and, Steve, I 14 (Queensbury Planning Board 12/16/2021) just want to say I really enjoy you. We sat next to each other for the longest time, and I always used to look over at you and say, are you all right, because when you didn’t say anything, I was nervous. Now you’re Chair and we can’t even get a shout out, but you run a great Board and the only thing I miss is at the beginning of the report, you don’t tell us how many meetings we had during COVID, but I really respect your position. You do a great job. You’re always prepared and you control things very well. Really, this is a great Board and it’s good to see we have seven applicants. I remember we couldn’t find anybody, and we get really one and now seven. So that goes to show you that people really want to get involved, and I think it’s the work that we do. MR. TRAVER-Yes, I mean I think it’s a respect for the Town and the sense of legitimacy, the Planning Department I think has the respect. People see that it’s, you know, it’s a functional thing, and I think like any organization, if it’s not perceived to be, I mean if it’s perceived to be dysfunctional, who wants to be part of that, but on the other hand, if it’s considered a responsible, professional body, I’d like to be part of that, maybe even look good on my resume. So maybe I’ll look into that. So, yes, I think it’s a reflection on everybody. MR. DEEB-I want to add to that, too, one more thing, and I won’t go long, but it’s the professionalism of John and Chris that really stood out to me on this Board. I think that kept the level of our Board at a high, high mark. So thank you both for your professionalism. I’m done. MR. MAGOWAN-I just want to also thank Laura. Laura, you really do a phenomenal job and really all you do, and if it wasn’t for you making us all look so darn good, we probably wouldn’t be so darn good. MR. DEEB-Motion to adjourn. MR. HUNSINGER-So moved. MR. TRAVER-All right. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF DECEMBER 16, 2021, Introduced by David Deeb who moved for its adoption, seconded by Chris Hunsinger: th Duly adopted this 16 day of December, 2021, by the following vote: AYES: Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Traver NOES: NONE MR. TRAVER-We stand adjourned. Thank you, everyone. MR. DEEB-Have a great holiday, everybody. See you next month. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver, Chairman 15