06-23-2022 (Queensbury Planning Board 06/23/2022)
QUEENSBURYPLANNINGBOARD MEETING
SECOND REGULAR MEETING
jUNE23RD12022
INDEX
Site Plan No.25-2022 3 Antigua Road,LLC 1.
Tax Map No.239.17-1-2
Site Plan No.40-2022 Joe Sheehan 4.
Tax Map No.227.13-2-42
Site Plan No. 36-2022 Alice&Jack Lynch 10.
Tax Map No.239,15-1-15
Site Plan No. 39-2022 Meghan Orban 14.
Tax Map No.226.16-1-7; 226.16-1-9 (secondary access road)
Site Plan No. 35-2022 Morgan Gazetos/Greg Francis 1S.
Tax Map No.239.20-1-19
Site Plan No.41-2022 Robert&Jean Tarrant 19.
ZBA RECOMMENDATION Tax Map No.226.12-1-S2
Site Plan No.42-2022 Daniel Zotto 21.
ZBA RECOMMENDATION Tax Map No.2S9.9-1-S6
Site Plan No. 37-2022 ACPOWER 31,LLC 23.
Special Use Permit 2-2022 Tax Map No. 303.20-2-50;303.20-2-4S.1(access road)
Freshwater Wetlands S-2022
Site Plan No. 34-2022 Par 27,LLC 30.
Petition for Zone Change 1-2022 Tax Map No.290.5-1-50.1;290.6-1-11
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.
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QUEENSBURY PLANNING BOARD MEETING
SECOND REGULAR MEETING
JUNE 23,2022
7.00 P.M.
MEMBERS PRESENT
STEPHEN TRAVER,CHAIRMAN
DAVID DEEB,VICE CHAIRMAN
MICHAEL DIXON,SECRETARY
JACKSON LA SARSO
BRAD MAGOWAN
WARREN LONGACKER
LAND USE PLANNER-LAURA MOORE
STENOGRAPHER-MARIA GAGLIARDI
MR. TRAVER-Good evening,everyone. Welcome to the Planning Board for the Town of Queensbury for
Thursday,June 23rd, 2022. This is our second meeting for June and our 14`h meeting thus far for 2022.
Please note the illuminated exit signs. In the event that we have an emergency of some kind,those are the
emergency exits. I would also ask if you have a cell phone or other electronic device, if you would either
turn it off or turn the ringer off so as not to interrupt our proceeding, we would appreciate that. Also,
aside from public hearings,which we do have a few this evening,if you wish to have conversations amongst
yourselves, if you would take that conversation to the outer lobby so it doesn't interfere with our
discussions or with the minutes that are recorded and taken for the meeting. I also want to let folks know
that we are one member short for this evening. We do have a quorum but we will be six votes instead of
the normal seven for this evening. With that we'll proceed with our agenda. The first section is table
items. The first item is 3 Antigua Road LLC, Site Plan 25-2022.
TABLED ITEM:
SITE PLAN NO. 25-2022 SEQR TYPE: TYPE 11. 3 ANTIGUA ROAD,LLC. AGENT(S): EDP.
OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 3&z 5 ANTIGUA ROAD.
(REVISED) APPLICANT PROPOSES TO CONSTRUCT A NEW 1,225 SQ. FT. HOME WITH AN
845 SQ. FT. COVERED PATIO;TOTAL FLOOR AREA IS 3,979 SQ. FT. THE NEW HOME WILL
BE GREATER THAN 28 FT. IN HEIGHT. THE DRIVEWAY AREA INCLUDES 7,483 SQ. FT. OF
HARD SURFACING AND 1,170 SQ. FT. OF PERMEABLE PAVERS. THE PARCEL THAT IS
LOCATED IN THE TOWN OF QUEENSBURY ADJOINS A PARCEL THAT IS IN THE TOWN OF
LAKE GEORGE THAT HAS FRONTAGE ON THE LAKE. THE PROJECT INCLUDES A NEW
AREA FOR THE OUTDOOR KITCHEN THAT IS LOCATED IN BOTH THE TOWN OF LAKE
GEORGE AND THE TOWN OF QUEENSBURY. PURSUANT TO CHAPTER 179-9-020,179-3-040,
179-6-065 AND CHAPTER 147, SITE PLAN FOR A NEW FLOOR AREA IN A CEA SHALL BE
SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT
FOR SETBACK, HEIGHT, AND PERMEABILITY. PLANNING BOARD SHALL PROVIDE A
RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS REFERENCE: AV 59-
2014,AV 22-2022. WARREN CO.REFERRAL: MAY 2022. SITE INFORMATION: APA,LGPC,
CEA. LOT SIZE: .74 ACRES. TAX MAP NO.239.17-1-2. SECTION: 179-9-020,179-6-065,179-3-
040,AND CHAPTER 147.
JON ZAPPER&BRANDON FERGUSON,REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS.MOORE-So this application is to construct a new home of 1,225 square feet with an 845 square foot
covered patio. The total floor area for this new home is 3,979 square feet. The applicant received a variance
from the Zoning Board yesterday for 29 feet 5 inches height,rear setback relief of 0 feet,and a stormwater
device less than 100 feet.
MR. TRAVER-Okay. Thank you. Welcome back.
MR. ZAPPER-Good evening, everyone. For your record, Jon Lapper with Brandon Ferguson,
Environmental Design Partnership,Joe Gross, the applicant, and Ethan Hall the architect. Because you
have along agenda and I'm on last,we'll be brief. I know that you remember this from two nights ago. So
the Zoning Board unanimously approved the variances last night as Laura said. So we're here for Site Plan
and because LaBella represents both Towns,we have one review letter and EDP has already responded to
LaBella,but it was nothing remarkable at all,just tweaking a couple of things. So we're hoping that we
can get to a conditional approval, conditioned on the LaBella signoff because we're back to Lake George
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next week and we'd like to say that we're all set in Queensbury now that we've got the variances. So with
that I'll ask Brandon to just walk you through the Site Plan/
MR. FERGUSON-As you guys probably recall from a couple of nights ago,this is a unique property that's
split over the Town line. On the Queensbury side we are proposing a new guest cottage to replace a
previously burned down guest cottage, in approximately the same location. We are proposing also a
building/outdoor patio area on the lakeside of that that would be split between the Town of Queensbury
and the Town of Lake George. Stormwater management on the site includes permeable gravel pavement.
We're going to have a shallow vegetative depression as well as permeable pavers on the lakeside. So right
now there's any stormwater management on the lakeside of the house. We are providing stormwater
management in accordance with the Town's Major stormwater permit requirements and as Jon said it's
being reviewed by LaBella. We've already responded to their first round of comments. Septic system
wise,we're actually using the existing septic system that's on site. It was inspected and it was originally
designed to meet the requirements for the bedroom count of the proposed guest cottage. We'll be using
the same location for that. Do you have any questions?
MR. TRAVER-Well,my first question is,as a result of your review with the ZBA,were there any changes
to your proposal?
MR. ZAPPER-Zero.
MR.TRAVER-Okay. And also,is there a maintenance plan for the permeable pavers that you can provide
us?
MR.FERGUSON-Yes,we have,we do have the maintenance requirements on the plans,the recommended
maintenance now and inspecting it on a regular basis. So that is on the actual plan set.
MR. TRAVER-Okay. So you have a requirement, you have a requirement on the plan, but is there a
procedure?
MR. FERGUSON-They'll enter into a maintenance agreement with the Town for that as well.
MR. TRAVER-Okay.
MR. FERGUSON-And Lake George also requires that.
MR. TRAVER-Questions,comments from members of the Board?
MR. LONGACKER-I see that your septic system is located underneath that permeable gravel driveway.
Are you going to extend risers up to the top so you can access that?
MR. FERGUSON-Yes,we typically call for risers on our details.
MR. TRAVER-There is a public hearing on this application. Is there anyone in the audience that wanted
to address the Planning Board on Site Plan 25-2022? Yes,sir.
PUBLIC HEARING OPENED
CHRIS NAVITSKY
MR. NAVITSKY-Good evening, Board. Chris Navitsky, Lake George Waterkeeper. I had a question
regarding a shoreline buffer. This property is located in the WR zoning district and has frontage on Lake
George, albeit on a contiguous property under the same ownership in a different municipality. So can the
Planning Board require a shoreline buffer to be planted as per 179-5-040? The proposed screening that they
have in front of the retaining wall is in the wrong location to be considered a shoreline buffer and falls short
of the shoreline buffering requirements. So it sounds like a pretty unique situation and ask,but I think it's
in the best interest of the lake to do that. Thank you.
MR. TRAVER-Yes,thank you. Is there anybody else that wanted to address the Planning Board on this
application? I'm not seeing any takers in the audience. Are there any written comments,Laura?
MRS. MOORE-No. There are no written comments.
MR. TRAVER-Okay. Thank you. So I'll go ahead and close the public hearing,then.
PUBLIC HEARING CLOSED
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MR.ZAPPER-I don't know if Chris saw it,but at the last Zoning Board meeting in Lake George they asked
us to do shore plantings on the lakeside. So we re-did what's in front of the wall. I mentioned that the
other night,but there were also some taller trees that we have that in Lake George because it's Lake George.
MR. TRAVER-They have a buffering requirement as well,do they not?
MR. ZAPPER-Yes,not as extensive Queensbury,but they sent us home to go back and re-do it.
MR. FERGUSON-I do not have the planting plan that we submitted to Lake George with us tonight.
MR. TRAVER-Let me just ask you if it comes with the Lake George?
MR. FERGUSON-Yes,and that's why we're working with the Zoning Board. They requested a few more
plantings,a little more landscaping to kind of beef it up even more just because of the nature of the project.
So that's how we're dealing with that with them.
MR. TRAVER-Okay.
MR. ZAPPER-We were actually tabled by them to come back with a planting plan next week.
MR. TRAVER-Okay, and question for Staff, Laura,interesting point. I mean I know we talked Tuesday
night about the fact that this is bifurcated between Lake George and Queensbury, but can Queensbury
require a buffering plan?
MRS. MOORE-Not specifically.
MR. TRAVER-No,I didn't think so because it's out of our jurisdiction.
MRS. MOORE-Right,there's no enforcement possibility.
MR. TRAVER-But we can certainly inquire that the property meets the requirements for Lake George.
MRS. MOORE-An adjoining community.
MR.TRAVER-All right. I suspected that was the case. I just thought I'd ask. Okay. Any other questions,
comments from members of the Board? All right. Then I guess we're ready to go forward.
RESOLUTION APPROVING SP#25-2022 3 ANTIGUA ROAD LLC
The applicant has submitted an application the Planning Board:(Revised)Applicant proposes to construct
a new 1,225 sq.ft.home with an S45 sq.ft.covered patio;total floor area is 3,979 sq.ft.. The new home will
be greater than 2S ft.in height. The driveway area includes 7,453 sq.ft.of hard surfacing and 1,170 sq.ft.of
permeable pavers.The parcel that is located in the Town of Queensbury adjoins a parcel that is in the Town
of Lake George that has frontage on the lake. The project includes new area for the outdoor kitchen that is
located in both the Town of Lake George and Queensbury.Pursuant to Chapter 179-9-020,179-6-065,179-
3-040 and Chapter 147, site plan for a new floor area in a CEA shall be subject to Planning Board review
and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, 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 6/21/2022-1 the ZBA
approved the variance on 6/22/2022-1
The Planning Board opened a public hearing on the Site plan application on 6/23/2022 and continued the
public hearing to 6/23/2022,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 6/23/2022;
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 25-2022 3 ANTIGUA ROAD,LLC;Introduced by Michael Dixon
who moved for its adoption.
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According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted: h. signage r. construction/demolition disposal s. snow removal as
these items are typically associated with commercial projects
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.
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;
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
1) Site work conditioned upon LaBella final signoff of identified items.
m) Maintenance plans for permeable pavers to be submitted prior to site work.
Motion seconded by Jackson LaSarso. Duly adopted this 23rd day of June 2022 by the following vote:
AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Magowan,Mr. LaSarso,Mr. Traver
NOES: NONE
MR. TRAVER-You're all set.
MR. ZAPPER-Thank you.
MR. TRAVER-The next section of our agenda is Old Business. The first item being Joe Sheehan,Site Plan
40-2022.
OLD BUSINESS:
SITE PLAN NO.40-2022 SEQR TYPE: TYPE 11. JOE SHEEHAN. AGENT(S): EDP. OWNER(S):
SAME AS APPLICANT. ZONING: WR. LOCATION: 80 ROCKHURST ROAD. APPLICANT
PROPOSES A 618 SQ. FT. GARAGE ADDITION TO AN EXISTING HOME AND A 500 SQ. FT.
DECK TO REPLACE AN EXISTING DECK. A PORTION OF THE NEW DECK WILL BE
COVERED AREA. UPDATES TO THE COVERED ENTRY WAY ARE ALSO PROPOSED. THE
PROJECT INCLUDES STORMWATER MANAGEMENT, SHORELINE PLANTINGS,
RETAINING WALL AND STEPS TO BE RECONSTRUCTED. THE NEW FOOTPRINT OF THE
HOME WILL BE 2,500 SQ.FT.AND A FLOOR AREA OF 3,728 SQ.FT. PURSUANT TO CHAPTER
179-3-040,147,179-5-020,179-6-065,179-13-010,SITE PLAN FOR NEW FLOOR AREA IN A CEA,
HARD SURFACING WITHIN 50 FT. OF THE SHORELINE, AND EXPANSION OF A NON-
CONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. CROSS REFERENCE: AV 27-2022. WARREN CO.REFERRAL: JUNE 2022. SITE
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INFORMATION: CEA,LGPC,APA. LOT SIZE: .22 ACRES. TAX MAP NO.179-3-040,147,179-
5-020,179-6-065,179-13-010. TAX MAP NO. 227.13-2-42. SECTION: 179-3-040,147,179-5-020,
179-6-065,179-13-010.
ETHAN HALL&BRANDON FERGUSON,REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-This application is for a 61S square foot garage addition to the existing home as well as a
500 square foot deck to replace an existing deck. The applicant received variances the other day from the
Zoning Board of Appeals in regards to the setback issue between the side setbacks as well as the garage
setbacks and floor area ratio.
MR. TRAVER-Okay. Thank you. Welcome back.
MR.HALL-Good evening. For your records,Ethan Hall,principle with Rucinski Hall Architecture. With
me is Brandon Ferguson with Environmental Design. We were here the other night and gave you a brief
synopsis of the program. We did go and receive a unanimous vote from the Zoning Board of Appeals. I
have a letter that Mr. Sheehan wrote that I read to the Zoning Board. He asked me to read it here tonight
also.
MR. TRAVER-Sure.
MR.HALL-It says,"Dear Members of the Board: Thank you for allowing me to submit this letter. I wish
I could be here in person but unfortunately, I am unable to. I realize your time as well as the time of the
attendees is valuable so I will make this as brief as possible. I realize my renovation exceeds the FAR
values but please consider the following in making your decision....All I desire is to achieve the finest
quality of life I can get! I have been going to Lake George my entire life! I always looked forward to my
vacations in Lake George! As I grew older I fell more in love with it and always dreamed that someday I
would retire there. Unfortunately I was forced into early retirement......but my dream can still come true.
Lake George has given me a lifetime of happy memories including learning how to water ski, snow
ski, scuba dive, power boating, sailing, attending Americade every year,hot air balloon rides, and
walks through the Village.....But......The greatest memory was when I proposed to my wife during the
Winter Carnival. Although my proposal didn't go as planned she said yes and we were married in August
2009. We even spent 2-weeks honeymooning enjoying the lake and house and celebrating with friends
and family. We are still happily married today and look forward to relocating to Lake George and
making it our PERMANENT HOME. Unfortunately in 2015 I was the victim of a tragic near-fatal
explosion that put me in the hospital for six months with severe burns over 730/o of my body. I had to learn
how to walk, talk, eat and go to the bathroom all over again and spent many agonizing hours in physical
therapy. So far I have undergone over 30 surgical procedures and am told I may need more. I have been
home now for several years adjusting to my new life being permanently disabled and coping with what
will be a lifetime of perpetual recovery. That said, I have accepted my physical disability which mostly
affects my hands and legs but the most challenging to live with is my difficulty en joj ft the outdoors.
Each time I go outside, regardless if it's sunny or overcast, I must wear long pants and long sleeve shirts.
T-shirts and shorts are no longer an option for me and are no longer part of my wardrobe as I need
maximum protection at all times. My body's natural chemistry has drastically changed where my ability
to sweat and deal with sunlight and heat is non-existent. Exposure to the sun&z UV becomes painful
and extremely uncomfortable. For the rest of my life,I cannot be exposed to sustained heat,sunlight,
or UV light for any period of time! I need permanent overhead protection to cover and shield me if I have
any chance of appreciating my home. In the end,I am fortunate to have this house and just want to the
same opportunity as anyone else....to appreciate being outside with friends & family and enjoying
everything Lake George has to offer. It is imperative for my well-being that my home serve me as I
need it to. I am hoping the Board may have some level of compassion and sympathy and try to comprehend
what it's like to live a day in my life. I fully understand the policies that are in place to protect the lake
and environment but I believe there are always extenuating circumstances and each case should be dealt
with accordingly and individually. All I desire is to achieve the finest quality of life I can get! Your
help and understanding in approving this project can provide that opportunity to me and would
make yet another Happy Lake George memory that would last for years to come. Thank you for your
time and consideration. Sincerely,Joseph Sheehan" So with all that being said, the variances that we
received were for the floor area ratio, which mainly dealt with the garage that we talked about here on
Tuesday night, and it is basically for the accessible van so that Joe can get from his van,under cover,into
the house, and then be in the house, and the front cover of the porch. Again,the deck goes the full length
of the house, and we're putting a roof over one-third of it. Two-thirds stay open for his guests and
whatever, the rest of it is just for him. So I know there were some things with the Site Plan. I'll let
Brandon talk to that I guess.
MR. FERGUSON-So for the Site Plan, as far as the septic system, he has a previous Board of Health
approval to put in holding tanks. So he will be putting in holding tanks along the road. So that will be
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the new system that will be installed. Stormwater management,this is a Minor stormwater project. So
we're doing a shallow grass depression on the lakeside to capture the runoff from the newly proposed
garage that will flow into there and infiltrate into the ground. Other site improvements include enhancing
the shoreline buffer. We're proposing a pretty substantial planting plan along the shoreline to enhance
not only the aesthetics but the protection of the lake with that as well, and we're also proposing, there's
an existing wall here now. We're proposing to extend it to allow for the stormwater management and
also to make this more of a useable area down here. It's pretty steep going down that bank. This would
make it more of a flat lawn, more usable area and allow for that stormwater device to be installed here
we're showing it. So overall that's kind of a summary of the Site Plan. If you've got any questions.
MR. TRAVER-Were there any changes to your plans as a result of your meeting with the ZBA?
MR. FERGUSON-No.
MR. TRAVER-Questions from members of the Planning Board?
MR. DIXON-1 have a question regarding the paved driveway area. So overall on the plan we've had a lot
of focus on the covered area,the garage. Is the driveway,are you going to keep the existing driveway that's
there today and use it with the garage,or are you tearing that up and putting a new driveway down?
MR.HALL-Well the existing driveway is actually the full length from the house all the way to the property
line, and it's in pretty tough shape. So that's all going to come up and we're putting down new blacktop.
MR. DIXON-Instead of blacktop,would you be open to permeable pavers here as well,too? That would
certainly improve the lot,if you would be open to that.
MR.HALL-Yes,I think we can do that.
MR. TRAVER-Other questions,comments?
MR. MAGOWAN-Well that would mean that we'd need a maintenance agreement.
MRS. MOORE-It's a Minor stormwater permit,but I mean you could ask for a maintenance agreement,
but it's on to the applicant to have that maintenance agreement,to do that.
MR.DIXON-1 know in this instance I would be comfortable without the maintenance agreement,because
it would already be an improvement over what's there.
MR. TRAVER-Well,we can ask,would you be willing to submit a maintenance agreement?
MR.HALL-I think that's part of the standard package.
MR. FERGUSON-Yes,that's pretty standard.
MR. TRAVER-Okay.
MR. MAGOWAN-I mean the only reason,if we're going to ask for it,it makes sense. If not,you know,
years down the road,you might just put down blacktop.
MR. TRAVER-Yes. Agreed. Well they're going to provide that. So that's going to be an improvement.
We do have a public hearing on this application as well. Is there anyone in the audience that wanted to
address the Planning Board on Site Plan 40-2022? Yes,sir.
PUBLIC HEARING OPENED
CHRIS NAVITSKY
MR. NAVITSKY-Hello again. Chris Navitsky,Lake George Waterkeeper. We had a couple of questions
on the Site Plan. First,hence for the reason for the retaining wall,and it doesn't seem that it's because they
need it for stormwater management because the soils reports show that the soils are good infiltrated. So
we don't see the reason to bring in the fill.
MR. TRAVER-I think what was offered by the representative was that it was to create a usable area with
the steep slopes,I guess.
MR.NAVITSKY-Then we question whether there's going to be a drain behind the wall. Usually it's a five,
five and a half foot retaining wall. We still,we raised the question last night whether that should require
a variance, but there's no details whether there's going to be a, usually there's a drain behind the walls.
That's going to be right where the stormwater is. So will the stormwater then be collected and discharged
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and really short-circuit any stormwater infiltration? The last thing is we heard about the,and appreciate
the love for the lake,but the stormwater basins are only sized for the new impervious, and we appreciate
the thought for the permeable paving,but the only way to improve Lake George water quality is to treat
the runoff from the existing. So now that we've got this large area,we would just encourage that they take
their enjoyment of the lake and try to treat some of that existing impervious and route that into an
expanded stormwater basin. Thank you.
MR.TRAVER-Thank you. Is there anyone else in the audience that wanted to address the Planning Board
on this Site Plan 40-2022 for Joe Sheehan? Yes,sir.
TOM BARBER
MR. BARBER-Good evening. My name is Tom Barber. I live right here in Queensbury. My wife and I
have a lake house right next to Joe just a little bit down the road,6S Rockhurst. I've known Joe for about
45 years. I've known his family. They've owned that house for as long as I can remember, and my wife
and I are in favor of this project. We know how important this project is, especially the garage, to
accommodate Joe's disabilities, and we just ask that the Board grant some relief. Thank you.
MR. TRAVER-Thank you. Is there anyone else in the audience that wanted to comment on this
application? Are there written comments,Laura?
MRS.MOO RE-There are written comments. This first one is addressed to the Board members. "We own
the home across the road from the Sheehan residence and have followed the Sheehan's thoughts regarding
improving their lake property for several years. We are pleased with their plans to improve the house on
the existing footprint and expect that the refurbished structure will enhance the neighborhood.
Rockhurst Rd. is a confined neighborhood and most home rebuilds have been the same size as their
predecessor, along with significant attention being given by the Town to on-site landscaping
improvements, storm water management and septic issues. Concerning septic, we would hope that the
Boards will consider the expectation of a"Community Sewer"for Rockhurst which is in the planning phase
and which has been grant funded by NYS DEC. The Sheehan's should only be expected to install minimal
holding tank capacity at this time,tankage which would be compatible with the proposed sewer. Thank
you for your consideration. Sincerely, Steve and Debbie Seaboyer S3 Rockhurst Rd" This is also
addressed to the Board. "My name is Stephen Kirshon and I own the property at S4 Rockhurst Road,
Cleverdale, NY. My property abuts the property owned by Joe Sheehan at SO Rockhurst Road and is
directly north of the Sheehan home. Mr. Sheehan has provided me with the proposed site plan for the
renovation he would like to have done on his property, which he intends to make his primary place of
residence. I have reviewed the proposed site plan and I am satisfied that the finished product will enhance
the neighborhood. It will also help protect Lake George by replacing an aging septic system with holding
tanks. I have known Joe Sheehan since I became a neighbor of his family back in 19ST Joe was,
unfortunately,involved in a boating accident which caused him to incur severe burns over a large percent
of his body. Due to the injuries he suffered,it is important that Joe limit his exposure to sunlight. Thus,
having a deck over the patio that faces the lake is essential to his well-being. Furthermore, even though
the proposed garage encroaches on the setback to my property,I have no objection should the zoning board
of appeals approve that variance. In summary I am happy to see that the Sheehan property is being
improved and I encourage the authorities to collaborate with Joe Sheehan and his team to achieve the best
possible outcome for the project. Very sincerely yours, Stephen Kirshon" "Hello, I am the owner of 77
Rockhurst Road, directly across the street from the Sheehan property. I fully support, as does my family,
the renovations that have been proposed for SO Rockhurst Road. Please note that we are in full agreement
with what has been proposed. Thank you for your consideration in this matter. Jeffrey Clark" 77
Rockhurst Road. This was addressed to our Town Clerk. "I hope you are doing well for the summer. Per
the SO Rockhurst Road project for the Sheehan Trust,we understand from Joe Sheehan that the variances
for the septic system were approved. This unfortunately was at a 2 ft. variance from the South property
line. As noted in our email in September(as we are the immediate next door neighbors) we request that
the variance of 5 ft.from the South property line be honored. The issue for us is that this area is supported
by a retaining wall for both the Sheehan's and our lot. We are concerned that the closeness to the property
line will compromise the retaining wall and cause higher costs and risks of water issues for the Lake. The
Sheehan's are in alignment with the 5 ft. request, and we would like the Town to honor this request to
provide the variance of 5 ft. to the South property line of SO Rockhurst Road. We understand there is a
review June 21-23 for this project. Please include this request to the Board. Thank you. Matt and Jeanne
Lucas 7S Rockhurst Road" And it is five feet from the property line.
MR. TRAVER-Are those the only letters?
MRS. MOORE-That's all of them.
MR.TRAVER-Okay. Thank you. All right. So we have some public comment,a couple of questions that
were very specific regarding the retaining wall.
S
(Queensbury Planning Board 06/23/2022)
MR.FERGUSON-Yes,so our stormwater device,we just set it 10 feet off the retaining wall,which is what
we look at to get away from foundations and retaining walls,in order to try to prevent any type of bypass
of the stormwater. The soils on site are quite good. They have a high infiltration rate. The bottom of
our infiltration device will be at existing grade. So it's not like we're putting in fill over top of poorly
drained soil that'll follow that poorly drained soil through the drain. It's going to be sitting on top of good
soil as well. So it will go into the ground and not get bypassed through the retaining wall. Also as far as
existing stormwater, existing impervious area,we're actually reducing the overall impervious area on the
site through this project,removing some of the concrete, and an existing stone driveway that were located
along this property line over here, and then as far as the existing house, this side of the existing house, it
all drains toward the road now. It does not drain toward the lake and we are doing some stone infiltration
for the new entryway which will pick up some of that runoff from the existing house roof as well. So the
portion that is going toward the lake is the lake half of the house and the deck, and actually by flattening
it out and creating more of a flatter lawn area here, we're actually slowing down the velocity of that
stormwater towards the lake and giving it a chance to filter through the grass instead of flowing down the
steeper slope and into the lake where it tends to get higher velocities and they tend to be a little more
erosive. So in creating that flatter lawn area on the lakeside it's actually going to be beneficial in filtering
that stormwater.
MR. TRAVER-But a flat lawn isn't a stormwater device. Right?
MR. FERGUSON-It's not a stormwater device. This is also a Minor stormwater project. So we're
required to handle the stormwater from the overall increase in impervious area on site.
MR. TRAVER-So there's impervious area, so as designed, and this project, once completed, there will be
impervious area that will;not be treated by a stormwater device. Is that correct?
MR. FERGUSON-Half of the existing roof is corrected.
MR. TRAVER-Is there a way that you can put something in to try to mitigate that,rather than just the
lawn? Even something like a raingarden?
MR.FERGUSON-Well the difficulty with that is just because of the size of the lot and the limited amount
of spa e you have in here, putting a, and it would be right next to the wall, you're kind of bypassing the
stormwater issue when you get that close,and you're kind of eating up the usable area here. The one thing
we could possibly do, we could do a stone reservoir,because they're re-doing the patio underneath here.
We could do a stone reservoir underneath that patio.
MR. TRAVER-And gutter it?
MR. FERGUSON-And gutter it into it.
MR. TRAVER-Okay. So you're willing to amend the plans to include that?
MR. FERGUSON-Yes.
MR. TRAVER-Okay.
MR. HALL-There's a concrete patio down there now anyway that we're pulling out. We can replace it
with a stone reservoir underneath and gutter it.
MR. TRAVER-It sounds good to me. I neglected to close the public hearing. So I will do that now.
PUBLIC HEARING CLOSED
MR. TRAVER-Other questions, comments from members of the Board? Okay. Well, with that I guess
we're ready to do a resolution,Mr. Secretary.
RESOLUTION APPROVING SP#40-2022 JOE SHEEHAN
The applicant has submitted an application the Planning Board: Applicant proposes a 61S sq. ft. garage
addition to an existing home and a 500 sq. ft. deck to replace an existing deck.A portion of the new deck
will be covered. Updates to the covered entryway are also proposed. The project includes stormwater
management, shoreline plantings, retaining wall and steps to be reconstructed. The new footprint of the
home will be 2,500 sq.ft.and a floor area of 3,72E sq.ft..Pursuant to chapter 179-3-040,147,179-5-020,179-
6-065, 179-13-010, site plan for new floor area in a CEA,hard surfacing within 50 ft. of the shoreline, and
expansion of nonconforming structure shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
9
(Queensbury Planning Board 06/23/2022)
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 6/21/2022-1 the ZBA
approved the variance on 6/21/2022-1
The Planning Board opened a public hearing on the Site plan application on 6/23/2022 and continued the
public hearing to 6/23/2022,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 6/23/2022;
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 40-2022 TOE SHEEHAN; Introduced by Michael Dixon who
moved for its adoption.
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted:h. signage,n traffic,o. commercial alterations/construction details,r.
construction/demolition disposal s. snow removal as these items are typically associated with
commercial project;
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;
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;
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
1) Area identified as paved drive will be replaced with permeable pavers.
m) Maintenance plan for the permeable pavers to be submitted to the Town prior to site work.
n) The existing patio will include a stormwater device with guttering from the existing house
directed to this device(patio area facing the shore).
Motion seconded by Brad Magowan. Duly adopted this 23rd day of June 2022 by the following vote:
MR. DIXON-Item N. Plans to be amended to include stone reservoir where existing patio is currently.
MR. TRAVER-Okay. Thank you. Any discussion?
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(Queensbury Planning Board 06/23/2022)
MR. DEEB-Did we include the gutter in that,in that resolution?
MRS. MOORE-In regards to that patio underneath the porch,you should say it's still a patio. It sounds
like it's just some stormwater device.
MR.HALL-The reservoir is under the actual patio.
MRS. MOORE-So it's a patio with a stormwater reservoir.
MR. TRAVER-So additional stormwater to be directed to a.
MRS. MOORE-So you can say patio with a stormwater device beneath that's guttering the roof water to
that device.
MR. DIXON-All right. Amend that last Item N. to read as patio with stormwater device, existing patio
with stormwater device guttering existing house directed to this device.
MR. DEEB-I think we've got to re-word that.
MRS. MOORE-How is it worded?
MR. DIXON-So amended. The existing patio will include a stormwater device with guttering from the
existing house directed to this device.
MRS. MOORE-That's okay. I understand it.
AYES: Mr. Dixon, Mr. Longacker,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Traver
NOES: NONE
MR. TRAVER-You're all set.
MR.HALL-Thank you very much. I appreciate your time.
MR. TRAVER-The next item under Old Business is Alice&Jack Lynch,Site Plan 36-2022.
SITE PLAN NO. 36-2022 SEQR TYPE: TYPE II. ALICE AND JACK LYNCH. AGENT(S):
REDBUD DEVELOPMENT. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION:
14 HIGHVIEW ROAD. APPLICANT PROPOSES TO CONSTRUCT A NEW OPEN DECK
ADDITION OF 563 SQ. FT., INSTALL A 123 SQ. FT. POOL, AND CONSTRUCT A 166 SQ. FT.
COVERED PORCH. THE PROJECT INCUDES INSTALLATION OF STORMWATER CONTROL
MEASURES,SITE LANDSCAPING,AND SHORELINE PLANTINGS. THERE IS AN EXISTING 169
SQ. FT. SHED THAT REQUIRES REVIEW FOR AFTER-THE-FACT WORK. THE EXISTING
HOUSE HAS A 2,775 SQ. FT. FOOTPRINT AND AN EXISTING FLOOR AREA OF 4,773 SQ. FT.
PURSUANT TO CHAPTER 179-3-040, 179-6-065, 179-6-050, 179-5-020, 147, SITE PLAN FOR A
NEW FLOOR AREA IN A CEA AND HARD SURFACING WITHIN 50 FT. OF THE SHORELINE
SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE:
AV 45-1996,SP 42-1996(ADDITION TO BACK AND DECK). WARREN CO. REFERRAL: JUNE
2022. SITE INFORMATION: CEA,LGPC,APA. LOT SIZE: 0.69 ACRES. TAX MAP NO.239.15-
1-15. SECTION: 179-3-040,179-6-065,179-6-050,179-5-020,147.
GEFF REDICK, REPRESENTING APPLICANT,PRESENT;ALICE LYNCH,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this applicant proposes to construct a new open deck addition of 563 square feet and
install a 123 square foot pool area, and construction a 166 square foot covered porch. The project includes
stormwater control measures, site landscaping as well as shoreline plantings and relief already installed
was this 169 square foot shed. Last evening with the Zoning Board, the Zoning Board granted setback
variances as well as the pool location.
MR. TRAVER-Okay. Thank you. Welcome back.
MRS. LYNCH-Thank you.
MR. REDICK-Good evening. Jeff Redick with Redbud Design and Alice Lynch the owner. I'm not sure
if you want me to go through a long review,but in essence we were approved last night before the Zoning
Board for the application, and again, we're pleased with the design of the project and we are providing a
lot of privacy screening to the shed. It's on the shoreline. We're introducing a significant amount of
11
(Queensbury Planning Board 06/23/2022)
shoreline plantings. We're obviously also introducing a stormwater management device on the property
that's not currently there and capturing a lot of additional stormwater from the roofs and what not from
the house that is currently not being managed. And then with the approval from the ZBA last night with
regards to what we're referring to more as a therapy spa/pool,we understand technically by Town Code it
is considered a pool, and the fact that we went to great extent to make sure that that didn't have a view
from the lake so it's not necessarily advertised. So in essence if you have any questions for us,we're happy
to answer them.
MR. TRAVER-Were there any changes to your proposal based on your discussion with the ZBA?
MR. REDICK-No,there were not.
MR. TRAVER-Questions,comments from members of the Board?
MR. MAGOWAN-I know we talked about the pool and the chemicals and changeover. Did you come up
with a plan on that?
MR.REDICK-We don't have a definitive solution to that yet,but we are proposing,we want to review the
option of either putting in a drywell or some other type of device that can keep it away from the lake.
MR. TRAVER-So we can condition approval on presenting some type of a plan to deal with that.
MR. REDICK-Correct. We have to do that.
MR. TRAVER-We do have a public hearing on this application this evening. Is there anyone in the
audience that wanted to address the Planning Board regarding Site Plan 36-2022? Yes,sir.
PUBLIC HEARING OPENED
CHRIS NAVITSKY
MR.NAVITSKY-Chris Navitsky,Lake George Waterkeeper. I actually didn't have comments until I heard
a saltwater pool. We do a lot of work around the lake and invest with Towns to reduce putting chlorides
into this watershed and it just concerns me that there maybe another source. So I just don't know if,what
level they could have, what level of review they could have to put those in. The other thing is a chlorine,
saltwater pool, would be kind of similar to a water softener, and there's some big restrictions on water
softeners,about separations from septic systems,because,you know,what makes a septic system work is
bacteria, and what does salt do,kills bacteria. So I did not have a comment until I heard that and it just
brings up some significant concerns. Thank you.
MR.TRAVER-Okay. Thank you. Is there anyone else in the audience that wanted to address the Planning
Board on this application? Are there written comments,Laura?
MRS. MOORE-There are no written comments.
MR. TRAVER-Okay. We will close the public hearing,then.
PUBLIC HEARING CLOSED
MR. TRAVER-And call you back. So, as you recall on Tuesday we did spend a bit of time on the pool and
specifically the nature of the chemicals that were going to be in it. As Mr. Magowan pointed out, it is
important that those, you know, that periodic recycling or cleaning of the spa is part of the process of
owning one, and it's important that we have a plan that excludes that from going into,I think you already
said you would be putting it into the septic system and this evening you've represented that you are
developing a plan for how it would be pumped out and disposed of in a way that would not either go into
the septic or into the lake. Correct?
MR. REDICK-Correct.
MR. TRAVER-And we will be conditioning approval upon providing that plan. Mr. Magowan, did you
have any other concerns that you wanted to discuss?
MR. MAGOWAN-No, and I want to thank Mr. Navitsky for bringing that up. It is a combination. It's
more salt than chlorine. But that was a good point. So I can see the need for a design separate drywells,
and I really appreciate you going to those lengths to do that.
MR. DEEB-I have concerns about the salt. From what I understand,it is detrimental to the lake, and we
don't know what can happen. I had a spa in my house at one point and I used what they call an ozinator.
12
(Queensbury Planning Board 06/23/2022)
It took ozone and injected it into the water. There's no chemicals whatsoever. I think
it's the same cause as it would be if you used chemicals in the spa itself. I'd suggest that
you look into that. They're not cheap.
MR. TRAVER-What is it called?
MR. DEEB-It's called an ozinator. It takes ozone and injects it into the water. It worked beautifully. It
worked,I had to replace the UV light,the light that was in it.
MR. TRAVER-So it doesn't alter the chemical nature of the water.
MR. DEEB-No,and it cleans it very well. It keeps bacteria out and everything,and I think that would be
the safest way to go if you're going to use that on the lake,but I agree with the Waterkeeper on that.
MR. TRAVER-Yes. We talked about that Tuesday,yes. So that could bean alternative.
MR. DEEB-But it still has to be disposed of. I agree. When you dispose of it,you're disposing something
that's a lot safer. Would you consider having it removed from the property? There was a second one that
wanted a spa also, and they were going to have the water taken off. That's another alternative also.
MR. REDICK-Which I think is potentially very feasible.
MR. DEEB-And you know it's safe. It's not going to harm the lake. You're going to get rid of it.
MR. TRAVER-Or this ozone device.
MR. DEEB-I would use the ozone anyway. I mean,no chemicals. It's the greatest thing. You don't have
to worry about chemicals going into your spa.
MR. TRAVER-The bottom line is, whatever you decide to do, whether it be this ozone device, which
sounds like a great alternative,or the salt or whatever,if you would submit the specifics of that plan with
your final plans you submit to the Town as part of the approval process,then that would be good.
MR. REDICK-We'd be happy to do that.
MR. DEEB-Good. Thank you.
MR. TRAVER-Anything else from the Board?
MR.DIXON-Mr.Chairman,I have a question. So I've heard either removing the water from the property,
but I also heard a separate drywell for it,or are we just going to leave it as they provide the plans?
MR.TRAVER-Yes,there's a variety of options they have. What's important,I think,to us is that whatever
methodology they decide,they're going to submit that plan to the Town,prior to, as part of the approval
process. So we'll know what that plan is and how it affects the lake and so on.
MR. REDICK-Correct.
MR. TRAVER-Because the ozone,it clears the water very well. It could be,I'm not saying that it is,but it
could be suitable for the drywell because there would be nothing in it that would harm it,but I would
check that thoroughly before I decided.
MR. TRAVER-Yes,I think if it was salt,they wouldn't be able to use the drywell anyway.
MR. MAGOWAN-Yes,they're becoming big on water treatments,too,so you're not using the salts.
MR. TRAVER-So they're going to look into that. All right.
RESOLUTION APPROVING SP#36-2022 ALICE&JACK LYNCH
Town of Queensbury
Community Development Office
742 Bay Road,Queensbury,NY 12SO4
Town of Queensbury Planning Board
RESOLUTION—Grant Site Plan Approval
13
(Queensbury Planning Board 06/23/2022)
SITE PLAN 36-2022 ALICE&JACK LYNCH
Tax Map ID:239.15-1-15/Property Address:14 Highview Road/Zoning:WR
The applicant has submitted an application the Planning Board: Applicant proposes to construct a new
open deck addition of 563 sq. ft., install a 123 sq. ft. pool, and construct a 166 sq. ft. covered porch. The
project includes installation of stormwater control measures, site landscaping, and shoreline plantings.
There is an existing 169 sq. ft. shed that requires review for after-the-fact work. The existing house has a
2,775 sq. ft. footprint and an existing floor area of 4,773 sq. ft.. Pursuant to chapter 179-3-040,179-6-065,
179-6-050, 179-5-020, 147, site plan for a new floor area in a CEA and hard surfacing within 50 ft. of the
shoreline shall be subject to Planning Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, 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 6/21/2022-1 the ZBA
approved the variance on 6/22/2022-1
The Planning Board opened a public hearing on the Site plan application on 6/23/2022 and continued the
public hearing to 6/23/2022,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 6/23/2022;
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 36-2022 ALICE&z TACK LYNCH;Introduced by Michael Dixon
who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
4) Waivers requested granted: g. site lighting, h. signage, n traffic, o. commercial alterations/
construction details, q. soil logs,r. construction/demolition disposal s. snow removal as they are
typically for commercial projects and the work is primarily for an outdoor deck on a residential
home
5) 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.
6) Adherence to the items outlined in the follow-up letter sent with this resolution.
a) The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall
be installed around these areas and field verified by Community Development staff,
b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater
Department for its review, approval,permitting and inspection;
c) If curb cuts are being added or changed a driveway permit is required. A building permit will not
be issued until the approved driveway permit has been provided to the Planning Office;
d) If application was referred to engineering then Engineering sign-off required prior to signature of
Zoning Administrator of the approved plans;
e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor
plans and elevation for the existing rooms and proposed rooms in the building and site
improvements;-
f) If required,the applicant must submit a copy of the following to the Town:
a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES
General Permit from Construction Activity"prior to the start of any site work.
b. The project NOT(Notice of Termination)upon completion of the project;
c. The applicant must maintain on their project site,for review by staff:
i. The approved final plans that have been stamped by the Town Zoning
Administrator. These plans must include the project SWPPP (Storm Water
Pollution Prevention Plan)when such a plan was prepared and approved;
ii. The project NOI and proof of coverage under the current NYSDEC SPDES General
Permit,or an individual SPDES permit issued for the project if required.
g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building and
Codes personnel;
h) The applicant must meet with Staff after approval and prior to issuance of Building Permit
and/or the beginning of any site work;
14
(Queensbury Planning Board 06/23/2022)
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.
1) A maintenance plan for the spa/pool water removal to be submitted to the Town prior to site
work.
Motion seconded by Jackson LaSarso. adopted this 23rd day of June 2022 by the following vote:
AYES: Mr. Longacker,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon, Mr. Traver
NOES: NONE
MR. TRAVER-You're all set.
MRS. LYNCH-Thank you very much.
MR. TRAVER-The next item on our agenda, also under Old Business,is Meghan Orban. This is Site Plan
39-2022.
SITE PLAN NO. 39-2022 SEQR TYPE: TYPE II. MEGHAN ORBAN. AGENT(S): STEFANIE
BITTER. OWNER(S): MEGHAN&z STEPHEN ORBAN. ZONING: WR. LOCATION: 21 &z
25 DUNCAN COVE ROAD. APPLICANT PROPOSES DEMOLITION OF AN EXISTING HOME
AND OUT BUILDINGS TO CONSTRUCT A NEW 2,539 SQ. FT. HOME AND PORCH AREA OF
447 SQ. FT. WITH A FLOOR AREA OF 4,584 SQ. FT. THE PERMEABLE PATIO FACING TH E
LAKE WILL ALSO INCLUDE A HOT TUB, WHICH IS CLASSIFIED AS A POOL PER TOWN
CODE. PROJECT INCLUDES SITE WORK FOR STORMWATER MANAGEMENT,SHORELINE
AND SITE PLANTING PLAN, DEVELOPMENT FOR PERMEABLE PATIO, DRIVEWAY AREA.
PROJECT INCLUDES A NEW ONSITE SEPTIC SYSTEM AND WATER SUPPLY DRAWN FROM
THE LAKE. PURSUANT TO CHAPTER 179-3-040, 147, 179-6-050, 179-6-065, SITE WORK FOR
NEW FLOOR AREA IN A CEA AND HARD SURFACE WITHIN 50 FT. OF THE SHORELINE
SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE:
AV 82-1992,AV 29-2022. WARREN CO.REFERRAL: JUNE 2022. SITE INFORMATION: CEA,
LGPC, APA. LOT SIZE: .5 ACRES, .66 ACRES. TAX MAP NO. 226.16-1-7, 226.16-1-9
(SECONDARY ACCESS ROAD). SECTION: 179-3-040,147,179-6-050,179-6-065.
STEFANIE BITTER&r BRANDON FERGUSON,REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS.MOORE-This application is proposal of demolition of existing homes and outbuildings to construct
anew 2,539 square foot home and porch area of 447 square feet. The total new floor area is 4,554. The
project includes permeable patio areas facing the lake as well as new stormwater management for the site
that didn't exist previously,shoreline and site plantings. The project includes an access drive from Duncan
Cove through an adjoining lot that they own to 233 Cleverdale Road,and at last night's meeting they were
granted stormwater setback relief and the applicant removed the pool because during polling of the ZBA,
they were not in favor of the pool.
MR. TRAVER-Okay. Thank you. Good evening. Welcome back.
MS. BITTER-Stefanie Bitter. I'm here together with Brandon Ferguson from EDP as well as Andy Allison
and Sarah Tuttle from AJ Architecture. The discussion you just had before us is a little bit of salt in the
wound,no pun intended,but we're moving forward. Our proposal is to remove all the structures that are
on the property. As you recall when we were here Tuesday night, there are two homes that are
immediately adjacent to the lake as well as a fairly large garage, all of which are being removed as part of
this development project, and the applicants are constructing a new home which is set back and zoning
compliant. The variance obtained last night was relative to the stormwater systems, and with that I'm
going to turn it over to EDP to go over the details.
MR. FERGUSON-So as Stefanie said, all the structures which are between five and twelve feet from the
lake right now will be removed. The house is being pulled back past the shoreline setback and it meets
all zoning requirements. As far as permeable area on the site, we're actually increasing it, and all paved
areas on the site are going to be permeable as well. So we're going to have a permeable paver driveway as
well as permeable patio areas. Stormwater management will be handled with grass depressions along the
side and they'll be handled with the roof runoff. We're also doing a brand new septic system there. We
don't even know exactly what the existing septic system is,but we're pretty sure it's not compliant. So
this will be a new Elgin system that will be installed,well over 100 feet from the lake. So it would be a big
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(Queensbury Planning Board 06/23/2022)
improvement to the property and to the lake. As part of this plan we're also doing a pretty extensive
planting around the lake. Since those houses around the lake now are all going to be disturbed, they're
going to do a lot of planting to increase that buffer, and so the last thing is last night we did lose the hot
tub here, but they still want to keep this patio area here. They're just going to kind of re-purpose it as
kind of like a sitting area for a fire pit and stuff like that. But that will be permeable as well.
MS. BITTER-Do you want to hear from the architect?
MR. TRAVER-Sure.
SARAH TUTTLE
MS. TUTTLE-Good evening. My name is Sarah Tuttle from AJ Architecture and Planning. I'm just going
to walk you through some of the architecture quickly and then we can carry on with any questions. So,
Laura,can you actually go to the last page where the elevations are,please. It should be in the same packet
where all the other drawings are. So as previously mentioned,the Orbans wanted to design the house to
be as compliant as possible. So they're under the floor area ratio for the house. We've also set the closest
point of the house back past the 50 foot setback line. The Orbans have organized their house on the main
floor that the primary living spaces are facing the lake obviously to enjoy the views of the lake from their
primary living spaces. All the secondary living spaces are tucked back towards the garage, and also we
tried to keep some of the quieter areas on the north side of the house, which is closest to the adjacent
neighbor that we actually heard from last night as well, but then that gives the closest neighbor to the
north a little bit more privacy on that side of the house. We also limited the amount of windows on that
side as well to further increase that privacy as well as Brandon said by introducing some buffer planting
on that side of the house. Laura, can you go to the next page, please. Upstairs they have their main
sleeping areas which includes a master suite, two bathrooms, one serving public and guests who will be
staying,as well as the Orbans two children who will also be utilizing the bedrooms. Laura,can you go to
the elevations,please. And then finally the house on the lake,they wanted to kind of keep the house feeling
like a more modern lake house type aesthetic. So they're using a lot of natural materials such as western
red cedar,natural veneer stone and some painted vertical siding. They wanted to keep everything natural
and clean while opening up all views to the lake. They also want to incorporate dark sky compliant
lighting. I know there was a Staff Note mentioning a flood light. At this time we're not planning any
flood lights. It's just going to be dark sky compliant lighting. I think that was a slip somewhere. Also as
Brandon had mentioned, there will be some guttering that happens on the house that's directed to these
stormwater devices or into planted areas and gardens, and the main outdoor living space, as Brandon also
said,happens on the lakeside of the house,behind the living room space and with the outdoor patio that
we are keeping for a fire pit outer dining. I will open it back up to you guys for any questions.
MR. TRAVER-Questions,comments from members of the Board?
MR. MAGOWAN-You designed this?
MS. TUTTLE-Partially,but it was a team idea. We designed it.
MR. MAGOWAN-It's kind of a really unique design.
MS. TUTTLE-Thankyou.
MR. TRAVER-We do have a public hearing on this application. Is there anyone in the audience that
wanted to address the Planning Board on this application? Yes,sir.
PUBLIC HEARING OPENED
CHRIS NAVITSKY
MR.NAVITSKY-Chris Navitsky,Lake George Waterkeeper. We just really appreciate the effort to make
a compliant house. It's something new. Something that we do support. We did have one question on
the,it's the driveway coming off of Duncan Cove, and hopefully Brandon can address that,but permeable
pavers, we support that,you know, on all the driveway surfaces,but it seems like that's steep coming off
of the Duncan Cove which,you know,you shouldn't put those in areas greater than five percent. It seems
like it's 150/o. So just maybe,we'd love to see the permeable pavers,but we don't want to see them fail. So
that just may be a comment.
MR. TRAVER-So a functional question on, with the slope, how functional will they be is what you're
saying?
MR. NAVITSKY-Yes, and we don't want to see,because a lot of times the water will infiltrate in and hit
the stone gravel and then flow just like it's on the surface and then it can kind of settle and move the gravel
and then kind of create potholes. So we just don't want to see a device fail. We like the project.
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(Queensbury Planning Board 06/23/2022)
MR.TRAVER-Okay. Thank you. Is there anyone else in the audience that wanted to address the Planning
Board on this application? How about written comments,Laura, are there any?
MRS. MOORE-There are no written comments.
MR. TRAVER-Okay.
MR. DEEB-A quick comment before you get going. Years ago when permeable pavers were introduced,
we used to have to fight like heck,please use permeable pavers, and now it seems a lot of the projects,the
maintenance plans are coming back and it is much better for all of us, and I think that it's evolved to this
point.
MR. TRAVER-Yes. So we'll go ahead and close the public hearing on this application.
PUBLIC HEARING CLOSED
MR. TRAVER-You heard the one comment, you know, from the physics standpoint, that makes sense,
about the permeable pavers on a slope. What do you do to make sure that that?
MR.FERGUSON-So I mean there is,when it first comes off the road here,there's a little bit steeper section
right here where it flattens out. We have it modeled so that this is actually an infiltration area down here,
but it is the same materials. It does extend all the way up. When you put in these permeable pavers,there
is a fabric put underneath them as well so that the fabric does go down before the stone in order to keep
the sub base in place.
MR. TRAVER-I wondered if in such a case where there's a slope,can you maybe,when you're putting the
stone down,can you put some kind of buffering or something in so that you don't get a flow started?
MR. FERGUSON-In the gravel underneath?
MR. TRAVER-Yes.
MR. FERGUSON-You can,I mean,I'd have to talk to the contractor about it,but I'm sure you could put
like a little berm every once in a while in there and just wrap the fabric over top of it. That way it would
slow any flows down coming downhill.
MR. TRAVER-Maybe as you get into the detail, the construction detail, with the contractor,you could
review that and just see if there's anything that can be done to mitigate the chances of,particularly with a
heavy rainfall,you know,where you'll still end up with the same problem,even though,and you don't want
to overload the infiltration at the bottom either. Right?
MR. FERGUSON-Yes, and the infiltration on the bottom was designed to handle all of it, but we can
definitely throw out a detail. It would probably be like a little berm every like 10 feet or so just to kind of
slow down flows. That would be no problem.
MR. DEEB-Do you know what percentage the slopes are?
MR. FERGUSON-I don't know off the top of my head. Where that short section where it first comes off,
I was looking at the plans quick to see if we had anything on it. Offhand I don't,
MR. TRAVER-The contour lines are,it's not a long.
MR. FERGUSON-Yes, we usually try not to go over 12 on most driveways. So I would say it's probably,
it might be 12 in that spot right there.
MR. DIXON-Well,on the driveway itself,if there's no berms,one other alternative, and again,it's not our
project,but they make the guttering that can go in that's set down into the driveway,whether it's concrete
pavers,blacktop,but then you'd have to have catch basins or something off to the side. You're re-directing
it,catching it.
MR. FERGUSON-Yes, and those tend to kind of break up over time with the traffic as well. I think
putting a little berm underneath in the gravel underneath the pavers will work fine.
MR. DEEB-I think it will solve the problem.
MR. TRAVER-Yes,I think so.
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(Queensbury Planning Board 06/23/2022)
MR.FERGUSON-Well,we've done projects where we've done them on 120/o grades before and we haven't
had an issue with them.
MR. TRAVER-Anything else from the Board?
MR.LONGACKER Just careful with your force main on the driveway so that it doesn't crack or anything.
I see it's a PVC. You've got a pump chamber right there. So you can probably get a deep.
MR. FERGUSON-Yes, and again we can change it to polyethylene as well just to give it a little more of a
heavy duty pipe material.
MR. DIXON-I do have one question out of curiosity,because it's come up on some of our other projects.
As far as the windows that are on the lakeside,is there any anti-reflective material that's being used? This
is starting to become a more common question.
MR. TRAVER-Anti-glare,basically.
MS. TUTTLE-So right now on those back windows we do have some tinted glazing,but that's more a part
of the solar heating gain values for the house to make sure we're compliant with Res Check and actually
being more than compliant with Res Check, and previous projects we have explored some tinted and
reflective glazing,but really in the end the difference between doing a gray tinted glass which is something
similar to what we're looking at for this project,and that reflective glazing,in terms of the testing studies,
they are essentially the same thing. So we are considering that at this time.
MR. TRAVER-Good. If there's nothing else,I guess we can entertain a motion.
RESOLUTION APPROVING SP#39-2022 MEGHAN ORBAN
The applicant has submitted an application the Planning Board: Applicant proposes demolition of an
existing home and out buildings to construct a new 2,54E sq. ft.home and porch area of 463 sq. ft. with a
floor area of 4,554 sq.ft.. b
as a poolper- To.,,,-, G Project includes site work for stormwater management, shoreline and site
planting plan,development for permeable patio,driveway area.Project includes anew onsite septic system
and water supply drawn from the lake.Pursuant to chapter 179-3-040,147,179-6-050,179-6-065,site work
for new floor area in a CEA and hard surface within 50 ft.of the shoreline shall be subject to Planning Board
review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, 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 6/21/2022-1 the ZBA
approved the variance on 6/22/2022-1
The Planning Board opened a public hearing on the Site plan application on 6/23/2022 and continued the
public hearing to 6/23/2022,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 6/23/2022;
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 39-2022 MEGHAN ORBAN;Introduced by Michael Dixon who
moved for its adoption.
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted:h. signage,n traffic,o. commercial alterations/construction details,r.
construction/demolition disposal s. snow removal as these items are typically associated with
commercial projects
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.
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,
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(Queensbury Planning Board 06/23/2022)
b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater
Department for its review, approval,permitting and inspection;
c) If curb cuts are being added or changed a driveway permit is required. A building permit will not
be issued until the approved driveway permit has been provided to the Planning Office;
d) If application was referred to engineering then Engineering sign-off required prior to signature of
Zoning Administrator of the approved plans;
e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor
plans and elevation for the existing rooms and proposed rooms in the building and site
improvements;-
f) If required,the applicant must submit a copy of the following to the Town:
a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES
General Permit from Construction Activity"prior to the start of any site work.
b. The project NOT(Notice of Termination)upon completion of the project;
c. The applicant must maintain on their project site,for review by staff:
i. The approved final plans that have been stamped by the Town Zoning
Administrator. These plans must include the project SWPPP (Storm Water
Pollution Prevention Plan)when such a plan was prepared and approved;
ii. The project NOI and proof of coverage under the current NYSDEC SPDES General
Permit,or an individual SPDES permit issued for the project if required.
g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building and
Codes personnel;
h) The applicant must meet with Staff after approval and prior to issuance of Building Permit
and/or the beginning of any site work;
i) Subsequent issuance of further permits, including building permits is dependent on compliance
with this and all other conditions of this resolution;
j) As-built plans to certify that the site plan is developed according to the approved plans to be
provided prior to issuance of the certificate of occupancy.
k) This resolution is to be placed in its entirety on the final plans.
1) Maintenance plan for the permeable pavers to be submitted to the Town prior to site work.
m) Driveway to include berms(or like item)to slow the flow of stormwater.
(Project was approved withoutpool as the pool was removed from area variance AV29-2022)
Motion seconded by Jackson LaSarso. Duly adopted this 23rd day of June 2022 by the following vote:
AYES: Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Traver
NOES: NONE
MR. TRAVER-You're all set.
MR. FERGUSON-Thank you.
MR. TRAVER-The agenda has an item that's actually been tabled already.
SITE PLAN NO. 35-2022 SEQR TYPE: TYPE II. MORGAN GAZETOS/GREG FRANCIS.
AGENT(S): MORGAN GAZETOS. OWNER(S): GREGORY R.FRANCIS TRUSTEE. ZONING:
WR. LOCATION: 2930 STATE ROUTE 9L. APPLICANT REQUESTS APPROVAL FOR
CONSTRUCTION OF A DECK ADDITION NOT CONSTRUCTED PER APPROVAL.
ADDITIONALLY, THE APPLICANT HAS COMPLETED ADDITIONAL WORK WITHOUT
APPROVAL INCLUDING DECK AREA NEAR SHORELINE,SHORELINE PATHWAY DECKING,
AND A RECONSTRUCTED SHED/CHANGING ACCESSORY STRUCTURE NEAR THE SHORE.
THE EXISTING HOUSE FOOTPRINT OF 1,285 SQ.FT.TO REMAIN THE SAME. THE DECKING
AREAS OF 2,270 SQ. FT. TO BE REDUCED TO 1,930 SQ. FT.; ORIGINAL APPROVAL WAS FOR
1,408 SQ. FT. PURSUANT TO CHAPTER 179-3-040, 179-13-010, SITE PLAN FOR HARD
SURFACING WITHIN 50 FT. OF THE SHORELINE AND EXPANSION OF A NON-
CONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. CROSS REFERENCE: SP 72-2014, AV 85-2014, AV 25-2022. WARREN CO.
REFERRAL: JUNE 2022. SITE INFORMATION: CEA,APA, L G P C. LOT SIZE: .92 ACRES.
TAX MAP NO. 239.20-1-19. SECTION: 179-3-040,179-13-010.
MR. TRAVER-This is Morgan Gazetos/Greg Francis. This is under Old Business, Unapproved
Development. This project, Site Plan 35-2022,is being tabled to the August 16`h,2022 meeting. So we'll
be seeing a revised project at that time. Pending that outcome, we will open the public hearing, and we
will keep it open because we will be tabling it until August. So we will be taking public comment at that
time.
PUBLIC HEARING OPENED
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(Queensbury Planning Board 06/23/2022)
MR. TRAVER-The next section of our agenda is Recommendations to the Zoning Board of Appeals, and
the first item is Robert and Jean Tarrant. This is Site Plan 41-2022.
PLANNING BOARD RECOMMENDATIONS TO THE ZONING BOARD OF APPEALS
SITE PLAN NO. 41-2022 SEQR TYPE: TYPE 11. ROBERT &z JEAN TARRANT. AGENT(S):
HUTCHINS ENGINEERING. OWNER(S): ROBERT AND JEAN TARRANT. ZONING: WR.
LOCATION: 308 CLEVERDALE ROAD. APPLICANT PROPOSES TO DEMOLISH AN EXISTING
HOME AND TO CONSTRUCT A NEW HOME WITH A FOOTPRINT OF 1,005 SQ. FT.
INCLUDING THE PORCH/DECK AREAS. THE NEW FLOOR AREA IS TO BE 2,266 SQ.FT. THE
PROJECT INCLUDES A NEW SEPTIC SYSTEM, SITE WORK FOR STORMWATER AND
LANDSCAPING. THE EXISTING GARAGE OF 365 SQ. FT. AND 220 SQ. FT. SHED ARE TO
REMAIN. SITE PLAN FOR NEW FLOOR AREA IN A CEA,HARD SURFACING WITHIN 50 FT.
OF THE SHORE. PURSUANT TO CHAPTER 179-3-040,179-6-065,147,SHALL BE SUBJECT TO
PLANNING BOARD REVIEW AND APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR
SETBACKS. PLANNING BOARD SHALL PROVIDE A RECOMMENDATION TO THE ZONING
BOARD OF APPEALS. CROSS REFERENCE: AV 28-2022. WARREN CO.REFERRAL: JUNE
2022. SITE INFORMATION: APA,LGPC,CEA. LOT SIZE: 0.24 ACRES. TAX MAP NO.226.12-
1-82. SECTION: 179-3-040,179-6-065,147.
LUCAS DOBIE&r CURT DYBAS, REPRESENTING APPLICANTS,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this application is to demolish the existing home and construct a new home. It will
have a footprint of 1,005 square feet and this includes porch and deck areas. The new floor area is to be
2,266 square feet. The project includes new septic system,site work for stormwater and landscaping. The
existing garage and shed are to remain. This project is in for site plan for new floor area in a CEA and in
reference to the variances,there is the porch stairs are 37.5 feet from the shoreline where 50 feet is required.
And there is side setback requirements for the north and south as well as a garage setback to the front
where 30 feet is required.
MR. TRAVER-Okay. Thank you. Good evening.
MR. DOBIE-Good evening. Thank you,Mr. Chairman and Board. Glad to be here tonight. Lucas Dobie
with Hutchins Engineering with the project architect, Curt Dybas,representing our clients Bob and Jean
Tarrant and Mrs. Tarrant is in the second row with us. Just a brief background on that parcel. It's been
in the family since the 1940's. It's my understanding that it's one of the oldest still standing houses on
Cleverdale. It's barely standing. It has somewhat of a stone or block pier foundation that's in terrible
shape. So it's not feasible to rehab this home. We looked at that initially about a year ago,for just doing
a new septic and some patch work on the house and decided it's not financially viable to try and jack the
house and do a new foundation. So the Tarrants have worked with Mr. Dybas last summer to develop
actually a smaller footprint which I believe this is the first project I've ever done with a smaller footprint
on the lake. It's actually a reduction of 435 square feet in the house and porch size when put together. So
we're on Sandy Bay at 308 Cleverdale and the parcel is just over 60 feet in average width,which kicks us
up into the more restrictive side setback. So if we were a foot narrower we would not need the north and
south side setbacks. So it's a function of the geometry of the lot, and in summary we're pulling the home
three feet farther back from the home that's there from the shoreline,a foot further back from the northerly
property line and seven feet further from the southerly property line. So we're squaring up the smaller
building further away from the shore and we received our septic variances last month because you can't do
a compliant septic on the lot. We did an enhanced treatment unit called Fuji Clean,with a shallow stone
absorption bed up near the middle portion of the parcel.
MR. TRAVER-So that's even newer than the Elgin system.
MR. DOBIE-That's the latest and greatest that the Town Board seems to be their preferred system. We
did revisions with the Town Board based on their feedback and we're very happy with how the project is
coming together. There's a lot of pieces to fit it onto this parcel with the septic and all the zoning setbacks,
and we think we have the best balance for their needs and for the parcel, and just in closing, again, the
enhance wastewater treatment system, stormwater management on the lakeside of the house and then
shoreline buffering we're proposing as well, and the final point I'd like to make is the main body of the
house,which has the gable side on the lake,that is setback the 50 foot setback. So the shoreline setback,
which gives people some heartburn, I understand that,that's just for the porch at the first floor level. So
we'd be happy to answer,ask for your recommendation to the Zoning Board. We're scheduled next week
for that,and we'll get our variances and come back to you.
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(Queensbury Planning Board 06/23/2022)
MR. TRAVER-So basically you have a really,really tiny lot and you're re-building an old house and trying
to do the best you can but you still need all these variances is the bottom line.
MR. DOBIE-That's correct. Not a re-build,a teardown and new construction. It's more conforming.
MR. DEEB-That's a lot to put on that.24 acre lot. You did a good job.
MR. DYBAS-It's a very small residence as you can see from the drawing, and some of it's driven by
economics and some of it's driven by the site. One of the things that the owners expressed was if we re-
build this thing and you're in the bay in your boat and you don't even know it's re-built. When I first
working on it all the neighbors came out and asked what's going on and telling me some of the history. It's
kind of neat, and I understand the original house is ISSO's. I see on the original survey of Cleverdale, I
believe it was IS6S was the original plot divisions in Cleverdale in that survey. That's why moistly 60 foot
lots, and once in a while you'll see a 90 because two neighbors got together and bought one and split it.
Mainly 60 foot lots,and it's difficult to work on those.
MR. TRAVER-Yes.
MR. DEEB-Well it's refreshing to see a teardown and a modest house put up,rather than a teardown and
a mansion trying to be fit on a lot that size.
MR. TRAVER-That's true.
MR. DEEB-And we appreciate that.
MR. DOBIE-Could I just add to that,Mr. Deeb,that this project will bring the lot into conformance with
the floor area ratio,where it is not now, and also the permeability.
MR. TRAVER-And possibly with stormwater and septic,too. Right?
MR. DOBIE-Correct.
MR. TRAVER-Other questions,comments?
MR. MAGOWAN-I just want to thank you for really doing this and sacrificing some square footage to
make it more reasonable. Very honorable.
MR.DYBAS-The porch drove a lot of square footage. And it was the clients'request to have that screened
porch. It's gorgeous.
MR. TRAVER-Sure. So this evening we're asked to make a recommendation regarding the various
variances to the ZBA. Does anyone have any concerns or comments that we want to put forward in our
referral to the ZBA on this? Okay. All right. I guess we're ready for that motion. We'll see it when it
comes back for Site Plan.
RESOLUTION RE: ZBA RECOMMENDATION RE: AV#25-2022 ROBERT&JEAN TARRANT
The applicant has submitted an application for the following:Applicant proposes to demolish an existing
home and to construct a new home with a footprint of 1,005 sq.ft.including the porch/deck areas.The new
floor area is to be 2,266 sq. ft.. The project includes a new septic system, site work for stormwater and
landscaping. The existing garage of 365 sq.ft.and 220 sq.ft.shed are to remain. Site Plan for new floor area
in a CEA,hard surfacing within 50 ft. of the shore. Pursuant to Chapter 179-3-040,179-6-065,147,shall be
subject to Planning Board review and approval. Variance: Relief is sought for setbacks. 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 28-2022 ROBERT &z JEAN TARRANT,
Introduced by Michael Dixon 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.
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(Queensbury Planning Board 06/23/2022)
Motion seconded by Brad Magowan. Duly adopted this 23rd day of June 2022 by the following vote:
AYES: Mr. LaSarso, Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Magowan,Mr. Traver
NOES: NONE
MR. TRAVER-You're off to the ZBA.
MR. DEEB-Good luck.
MR. DYBAS-Thank you.
MR. TRAVER-The next item on our agenda, also under Recommendations to the ZBA, is Daniel Zotto,
Site Plan 42-2022.
SITE PLAN NO. 42-2022 SEQR TYPE: TYPE II. DANIEL ZOTTO. OWNER(S): DANIEL
ZOTTO &z CARRIE HEDDERMAN. ZONING: WR. LOCATION: 306 GLEN LAKE ROAD.
APPLICANT PROPOSES A 400 SQ. FT. DECK TO BE ADDED TO AN EXISTING HOME. THE
FOOTPRINT IS 798 SQ. FT.AND THE TOTAL FLOOR AREA IS 1,326 SQ. FT. THE DECK IS TO
BE LOCATED FACING THE SHORELINE. THERE ARE NO OTHER PROPOSED CHANGES.
PURSUANT TO CHAPTER 179-3-040, 179-4-080, 179-13-010, SITE PLAN FOR NEW HARD
SURFACING WITHIN 50 FT. OF THE SHORELINE AND EXPANSION OF A NON-
CONFORMING STRUCTURE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND
APPROVAL. VARIANCE: RELIEF IS SOUGHT FOR SETBACKS. PLANNING BOARD SHALL
PROVIDE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS. CROSS
REFERENCE: AV 30-2022. WARREN CO. REFERRAL: N/A. SITE INFORMATION: CEA.
LOT SIZE: .28 ACRES. TAX MAP NO. 2899-1-86. SECTION: 179-3-040,179-4-080,179-13-010.
CARRIE HEDDERMAN,REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-So this application is proposing a 400 square foot deck to be added to an existing home.
The footprint is 79S square feet. The total floor area of the existing home is 1,326 square feet. The deck is
to be located facing the shoreline. Variance relief is requested for side setbacks as well as shoreline. It
triggers Site Plan Review because it's an expansion of a non-conforming structure.
MR. TRAVER-Okay. Thank you. Good evening.
MS. HEDDERMAN-I'm Carrie Hedderman. I'm co-applicant. I'm the only one here without re-
enforcements tonight. So I don't know if that's good or bad,but just here requesting,as Laura mentioned,
a deck addition to the shoreline side of our house on Glen Lake. We do understand that we need setback
variance for shoreline and also I think it's the east side of the house from our neighbor's boundary line.
MR. TRAVER-So it appears that this is another one of the very tiny lots that there are on Glen Lake as
well, and that,in a way, kind of triggers your need,because almost anything you do is impinging on the
setbacks.
MS.HEDDERMAN-It's very narrow. It's a deep lot,but it's very narrow. So if it was reversed,an honestly
the house is 90 some odd years old. If we were to build this house we would probably have built it further
back from the lake. So we have a lot of room on what we call the back of the house,but I think you guys
refer to it as the front. Right? Because Glen Lake Road is the front.
MR. TRAVER-Actually as we learned the other night, we have, you know, if it's a lakeside house, we
actually have two front yards,one on the lakeside and one on the opposite side of the lake.
MS. HEDDERMAN-All right. So our lakefront is very, is not very deep, and so we're requesting that
variance for that setback.
MR. TRAVER-All right, and so it's 21 and a half feet, and 50 feet is normally required. Then you have an
east side setback as well where it's eight and it should be fifteen. Questions,comments from members of
the Board?
MR. DEEB-I'm looking at the general information, and the shoreline setback under general information
says required 50,existing 39. Proposed 23. That's 16 feet. Am I missing something?
MS. HEDDERMAN-My paperwork says nature of the variance is to be 21 and a half feet from shoreline.
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MRS. MOORE-Yes.
MS. HEDDERMAN-Where 50 is required.
MR. DEEB-What am I missing here?
MRS. MOO RE-Sorry,let me just check. I may have written it down wrong.
MS. HEDDERMAN-So right now the setback where we have eight feet from the east side of the property
and fifteen is required,that's already where the house is. So we're not going beyond.
MR. DEEB-I understand. I'm just looking at the site development data sheet.
MRS. MOORE-On the application itself.
MR. MAGOWAN-It's kind of a unique lot, due to the contour of the front yard. So one side looks a lot
more favorable than the other side of the deck. So I mean it's six of one half dozen of another,a catch.
MR. DEEB-This is a tough one to work with.
MR. TRAVER-Yes. And there are a lot of those.
MR. DEEB-Do you see what I'm saying,Laura?
MRS. MOORE-Yes,so those are estimated averages,like an estimated,so 21 and a half.
MR. DEEB-Okay. That's fine. You've got to work with what you've got.
MR. TRAVER-So does anyone have any concerns that we want to express to the ZBA regarding the
waivers that are being requested?
MR. DIXON-I don't. These older camps they're so difficult to work with.
MR. TRAVER-Yes. Okay.
MR. MAGOWAN-And it's a porch,not a complete teardown.
MR. TRAVER-A deck.
MR. MAGOWAN-I think they're trying. Like I said,if they had a choice,then they could always flip the
house and move it back. I think it's a moderate addition that I think is really nice.
MR. LONGACKER-Any stairs coming down from it at all?
MS. HEDDERMAN-I think,no,because it's going to be right to the ground.
MR. LONGACKER-At grade
MS. HEDDERMAN-We're not even going to need that,no. So no footings of any sort.
RESOLUTION RE: ZBA RECOMMENDATION RE: AV#30-2022 DANIEL ZOTTO
The applicant has submitted an application for the following:Applicant proposes a 400 sq. ft. deck to be
added to an existing home. The footprint is 79S sq.ft. and the total floor area is 1,326 sq.ft.. The deck is to
be located facing the shoreline area. There are no other proposed changes. Pursuant to chapter 179-3-040,
179-4-OSO, 179-13-010, site plan for new hard surfacing within 50 ft. of the shoreline and expansion of a
non-conforming structure shall be subject to Planning Board review and approval. Variance: Relief is
sought for setbacks.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:
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(Queensbury Planning Board 06/23/2022)
MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE
ZONING BOARD OF APPEALS FOR AREA VARIANCE 30-2022 DANIEL ZOTTO,Introduced by
Michael Dixon 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.
Motion seconded by Jackson LaSarso. Duly adopted this 23rd day of June 2022 by the following vote:
AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Magowan,Mr. LaSarso,Mr. Traver
NOES: NONE
MR. TRAVER-You're off to the ZBA.
MR. DEEB-Good luck.
MS. HEDDERMAN-Thank you so much.
MR. TRAVER-The next section of our agenda is New Business and the first item is ACPOWER 31, LLC.
This is Site Plan 37-2022. There's a Special Use Permit 2-2022 and a Freshwater Wetlands Permit 5-2022.
NEW BUSINESS:
SITE PLAN NO. 37-2022, SPECIAL USE PERMIT 2-2022, FRESHWATER WETLANDS 8-2022
SEQR TYPE: TYPE 11. ACPOWER31, LLC. AGENT(S): TETRA TECH. OWNER(S): CIBA
SPECIALTY CHEMICALS CORP. ZONING: HI. LOCATION: 89 LOWER WARREN STREET.
APPLICANT PROPOSES TO UTILIZE 44.1 ACRES BETWEEN LOWER WARREN AND THE
HUDSON RIVER OF A 62.72 ACRE PARCEL FOR A NEW SOLAR FARM OF 5MW AC WITH
FIXED PANELS. THE PROJECT PROPOSES DISTURBANCE LESS THAN 25 ACRES. THE
NUMBER OF PANELS WOULD BE 11,804 TO BE INSTALLED OVER 9 ACRES OF PROPERTY.
THE PROJECT INCLUDES PREPARATION OF THE PROPERTY FOR INSTALLATION OF THE
PANELS, ACCESS DRIVE AREAS ON THE SITE AND ACCESS THROUGH AN ADJOINING
PARCEL TO THE EAST. STORM WATER MANAGEMENT,LANDSCAPING AND FENCING TO
BE INCLUDED AS WELL. PURSUANT TO CHAPTER 179-3-040,179-10-040,179-5-140,94,SITE
PLAN, SPECIAL USE PERMIT AND FRESHWATER WETLANDS PERMIT SHALL BE SUBJECT
TO PLANNING BOARD REVIEW AND APPROVAL. WARREN COUNTY PLANNING: JUNE
2022. LOT SIZE: 62.72 ACRES. TAX MAP NO. 303.20-2-50, 303.20-2-48.1 (ACCESS ROAD).
SECTION: 179-3-040,179-10-040,179-5-140,CHAPTER 94.
GINA WOLFMAN&ALEX CAVEN,REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-Okay. So this applicant proposes to utilize 44.1 acres between Lower Warren and the
Hudson River of a 62.72 acre parcel for a new solar farm of five megawatts ac with fixed panels. The
project proposes to disturb less than 25 acres and the number of panels is approximately 11,504 to be
installed over the nine acres. And again,it's going through the process of Special Use Permit because it
triggers,solar farm triggers Special Use Permit. It's adjacent to wetlands that are designated and so that's
what's triggering the Freshwater Wetlands.
MR. TRAVER-Understood. Okay. Thank you. Good evening.
MS. WOLFMAN-Good. My name's Gina Wolfman and I'm a Senior Director of Project Development for
ACPOWER, and we're based down in New York and down in the City and we're a specialized solar
developer, focusing solely on landfills,brownfield and superfund sites, quarries previously disturbed and
typically highly regulated sites versus greenfield development.
MR. TRAVER-Well it certainly is exciting to see something positive come out of this site which has been
an issue for many,many years now. So this is intriguing.
MRS.MOORE-You could offer,I know you've worked with the site owners for numerous months,maybe
years.
MS. WOLFMAN-We have.
MRS. MOORE-So in reference to this particular project, the actual property owner is out of state, out of
the country basically. So it's been a bit difficult to re-work this property. I know there's been a proposed
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and didn't work out. It was sort of like an open space use. There was apparently too much risk. So this
applicant was able to work with the property owner to see if this project would move forward.
MR. TRAVER-Okay. Very good.
MR. DEEB-Congratulations.
MS. WOLFMAN-Thank you. Solar is really,it's not only the best end use for a property,it is a regulated
inactive waste site,part of it's a RCRA site, although we're staying off that portion of the property. The
RC RA cap ends generally it's,I'm not sure if it means a whole lot to you,4.95 megawatt community solar
project,fully ballasted foundation system. We're using 5S5 watt solar modules at this point,and we have
a correction that we wanted on the record. It's actually 9,955, not 11,000 plus. That can all change
depending on the final electrical design. We're working with National Grid and also what's available
during procurement when the time comes.
MR. TRAVER-And it does appear your application is pretty complete, meaning you have a
decommissioning plan. You did a glare study, although I know there'll be some questions about that. It
seems fairly straightforward. What is the normal lifespan for these panels?
MR.WOLFMAN-Typically 30 years, and I should have brought it with me,but there's like a degradation
formula and they typically maintain, I think it's S001o, don't quote me, I couldn't find that, but they last
pretty far out,like out close to 20 years, 15 to 20 years, very slow degradation beyond. So they're sort of
warranted or the manufacturer's hold them out for up to 30 years of use.
MR. TRAVER-Is there any supply issue? I mean I know a number of these panels are made in China. Is
that,some of the recent issues with China,is that causing any issues as far as obtaining the panels for you
for the project?
MS. WOLFMAN-Well we actually aren't the direct EPC. ACPOWER 31 would work with the EPC
partner down the road. So I'm not directly involved in the procurement, but I know the tariffs have
impacted the industry for sure.
MR. TRAVER-Right, and that doesn't really apply to your Site Plan anyway. I was just curious. There's
so many panels that you need. Okay. Well I'll open it up for members of the Planning Board for questions.
MS. WOLFMAN-This is Alex Caven,our project manager,engineer.
MR. TRAVER-Okay. Did you have something you wanted to present as well?
MR. CAVEN-I mean Gina gave a pretty good overview of the project and the site. We've been working
with Gina and ACPOWER for the past several months to develop the Site Plan and everything associated
with that,the glare study and decommissioning plan. We did receive some comments in advance of this
meeting we have to address. I believe the majority of them only arrived in my inbox in the past couple of
days. I think the best way to handle those is just to open it up to any conversation you guys would like to
have.
MR. TRAVER-Sure.
MR. DEE&Well there are 21 comments. Quite a few comments that in the end are going to have to be
addressed. One of the things I'm just curious about,we've had other solar projects come before us, and
they use an anti-glare on your panels. You're not using anti-glare,if I'm not,unless I read it wrong.
MS.WOLFMAN-Typically we have a coating. They have different types,and we don't know at this point
exactly which one will be speced,but typically it's a rough surface.
MR.DEE&Well,I was going through the glare study and there are certain points where the glare lasts like
30 minutes,sometimes two minutes,but if I remember the one we had,that's going on at Wal-Mart,they
used anti-glare.
MR. TRAVER-Well they were right approximate to the airport. I think that was the main issue. That
was pilot interference with approaches and landings and takeoffs.
MR. DEEB-Obviously they couldn't have any interference with the airport, with flights, but can you
discern the different, describe the difference for me about the glare and anti-glare. I mean, my
understanding is the anti-glare would have no glare.
MR. CAVEN-I don't believe that's the case, actually.
MR. DEEB-I mean I'm not an expert. I have no idea.
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MR. CAVEN-And I'm not actually an expert on this particular subject, either, but my general
understanding is that, you know, any solar panels are going to be reflecting sunlight and the anti-glare
coatings that go on them are essentially a textured coating that disperses light rather than directly reflects
it.
MR. MAGOWAN-I was going to say,it's like a matt finish instead of a sheet of glass. It's like a matt of
film texture. That's a good way to put it.
MR. CAVEN-Quickly,you know, specific to this site,the glare study that we performed showed that the
worst glare was shown on the railroad tracks between the two portions of the site,which we thought that
through and figured,well,the train itself is on tracks and there's not much opportunity for the brakes to
be steered off course.
MR. TRAVER-Hopefully not.
MS. WOLFMAN-The rail line is below to the upper part of the site anyway and they'd be looking at the
downside because the panels are oriented towards south. So they would be south of the tracks.
MR. DEEB-So the glare problem was pretty much taken care of. That study was an interesting study to
look at. The panels don't rotate.
MS. WOLFMAN-No,they're not tracking.
MR. TRAVER-The one on Quaker does track.
MR. DEEB-And the other thing is,will there be buffering or shielding of the panels from the road?
MR. CAVEN-So what we looked at in regard to that is that there's a substantial elevation drop from the
road to the site and all of the panels are facing away from the road. So the main places where you would
see glare be essentially on the river,which the worst glare we saw on the river was yellow glare,which is,
the differentiations between green,yellow and red,red being a problem,and yellow being not so much an
issue.
MR. DEEB-Well, I'm referring to the sight line of seeing the panels themselves from the road. Will they
be visible from the road?
MR. CAVEN-I believe we included that in the analysis and they would not be visible from the road.
MR. DEEB-Is there going to be fencing?
MR. CAVEN-We'll mostly use existing fencing around the site. There'll be one big fence on the southern
portion of the site to separate the panel array from a series of existing monitoring wells.
MR. DEEB-Okay. So it won't be that visible from the road I guess is my concern.
MR. CAVEN-No,as a matter of fact.
MS.WOLFMAN-They'd be visible but they're angled,again,away because they're angled north/south. So
the surface isn't facing the road. It's the opposite.
MR. DEEB-I mean I'm sure it's fine. You come up Quaker Road and there's a body shop there that has
panels that are very visible and on Quaker Road.
MR. TRAVER-Yes.
MR. CAVEN-Laura,are you able to pull up the site plan by any chance?
MRS. MOORE-I was looking,I had thought you had done that angle.
MR. CAVEN-We did a visual cross-section of the site.
MRS. MOORE-So this is the original.
MR. CAVEN-It might even be useful just to look at Page Two or Three of this. You can see that between
the road and the site is the Glens Falls Feeder Canal and the associated bike path and between even that
and the site there's some existing vegetation in that space,as well as a,I would say probably maybe almost,
the grade drops between the Canal and the site.
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MR. DEEB-It's an exciting project. It's generated a lot of excitement.
MR. DIXON-I just wanted to comment also what Mr. Deeb had identified as far as what you see from the
road, what you see from that bike path as well. Would there be opportunities for some plantings on the
north side? Deciduous trees that are capable of getting 30,40,50 feet tall,I think it could certainly dress
up,and being on the north side it would have no impact to your solar array.
MR. CAVEN-So one thing that we considered in looking at that exact question is the nature of the site,
which is a historically,you know,the RCRA cap itself is isolated to the northwest and we're not building
in that area,but the remainder of the site where the panels will be placed is on top of a permeable cover
area, which is regulated by the State and there's specific restrictions about what can be done with that
space and how planting on the site can be handled. So our approach at this time has been to disturb the
surface as little as possible,including, at this time at least,not proposing any additional screening there.
MR.MAGOWAN-I have a question. You have a guarantee block with National Grid. Don't they put out.
MS. WOLFMAN-You mean the interconnection?
MR. MAGOWAN-Right.
MS. WOLFMAN-When we submitted for the interconnection we received the report back, the impact
study. We've had a preliminary phone call and site visit with them as well as paid 250/o of the deposit for
the interconnection, and it's the Burgoyne Avenue substation. They switched feeders. They were
planning on using the Burgoyne feeder there,13.2 kv,but they switched to cedar because it would be more
efficient and less costly and they worked with us on that,and they would be doing the final design.
MR. MAGOWAN-Because we have a slew of them coming up in Warren County Airport, and we just
approved one there for Wal-Mart,and learning in the process,you know,between the land leases and the
purchasing,it's a lot of power coming in in just a little bit of area. This is a daytime power,which seems
to be really the peak time that the power is being used. It's really interesting. One the things I want to
say is I heard this was coming down,this project was moving forward. It's great. I remember when the
building was there, it was an excellent building, but it employed a lot of people during the day, but
unfortunately the contaminants were major. So this is very admirable of your company working with
these types of properties where we can re-use them,and really to be able to put some electricity back into
our lives, because with all these electric cars coming down the road, we don't even have enough power
right now to keep the City going in the hot summer days. It's very interesting. I know it's sloping as it
goes down to the river. I would really make sure you're comfortable with,the Airport,if you're looking at
this project,looking west,you know,the Airport is kind of off there to the east,or would it be north?
MR. DEEB-North.
MR. MAGOWAN-North.
MRS. MOORE-Northeast.
MR.MAGOWAN-So it is kind of above. So usually the approach is the come in,circle around,but I know
a lot of times they take off heading in the south. So I would just confirm on the anti-glare,because that
was one of the things on all the other farms that we've worked on that were covered that way,just because
I know the Airport is getting busier.
MR. CAVEN-Yes. We've already gone through the process of checking with the FAA and confirm that
there's no issue with the glare.
MR. MAGOWAN-All right. Good. Thank you.
MR. TRAVER-There is a public hearing on this application. Is there anyone in the audience that wanted
to address the Planning Board on the ACPOWER 31 application? I'm not seeing any. Are there any
written comments?
PUBLIC HEARING OPENED
MRS. MOORE-I have no written comments.
MR. TRAVER-Then we'll go ahead and close the public hearing.
PUBLIC HEARING CLOSED
MRS.MOORE-I did want to point out that there was a visual cross section,and if you look at this drawing
that I have up,it sort of details where the Glens Falls Feeder Canal is and the vegetation,it looks like either
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a six foot or an eight foot fence in there, and then you can see another panel,what the slope is in this area,
specifically. So it's definitely a steep slope. Those riding will probably see more of a structure versus a
panel.
MR. CAVEN-And I'll point out,in relation to those figures,the maximum height,that will be worked out
later.
MR. TRAVER-And I think that's the regulation height.
MR. CAVEN-Right.
MR. DEEB-Seven to ten,they won't reach the 12 feet.
MR. CAVEN-Probably most won't. Yes.
MR. DIXON-And currently when we look down that area we're just seeing a vacant area waiting to be
treated with a little interest.
MS.WOLFMAN-And I have a couple of revisions or corrections to the application,if I could just get those
on the record. In the comment,the Staff comments,Bullet Four of the comments,there's a shed that was
a generator shed. That's actually outside the project area and not associated with the project at all. So I
wanted to point that out.
MR. DEEB-Eliminate that.
MS. WOLFMAN-IN Bullet Six, we're using existing drains for stormwater. We're not installing any
French drains. Under Elevations and Floor Plans,I don't think we need one for the little shed,the generator
building,because it's outside the project area.
MR. TRAVER-Right.
MS.WOLFMAN-Under the Environment and Natural Features,I think Alex already referred to the cover
as a permeable cover area and not a real cap. That's just a correction. And then there was a new article
that was published as well,and they stated that TetraTech,I'm not sure where that came from. They said
that TetraTech was. ACPOWER 31 is the developer and EC Company would be the one building it.
MR.TRAVE R-Thank you for that clarification. You seethe comments from the Fire Marshal. The driving
surfaces to comply with IFC Section 503.2.3 in relationship to the imposed load of a fire apparatus. Do
you have any issues with that/
MR. CAVEN-I haven't seen that yet,but I assume that that won't be an issue.
MR. TRAVER-Yes. It has to do with the weight loading, you know, if for some reason, I mean I can't
imagine a fire would be an issue with these panels,but that's,the Fire Marshal did note that. He also,they
have a knox padlock which is kind of a master key that you put on the access gates. You don't have any
issue with that?
MS. WOLFMAN-No issue.
MR. TRAVER-It's only the emergency services that would have that access.
MS. WOLFMAN-Yes.
MR. TRAVER-All right. Other questions,comments from the Planning Board?
MR.DIXON-Mr.Chairman,would you like a comment on there,on the resolution regarding Fire Marshal
comments being complied with prior to site work,or are we good?
MR. TRAVER-No, I think they've noted them and they're generally addressed as part of the process. I
think we're fine. If there's nothing else,I think we're ready to move forward.
MRS. MOORE-Did you want to go over,was there any particular items in the engineering letter that you
wanted to just address? I know there's things,obviously there's 20 plus comments,but is there anything
that you've found that you can address quickly? Or is it?
MR. CAVEN-Well,you're referring to the Town LaBella. We have a response letter.
MRS.MOORE-You do have a response letter. That's handled a little bit different,but I didn't know if you
wanted to give the Board just a quick overview of what your response might be.
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MR.CAVEN-Yes. So essentially the first couple of comments on here were regarding whether or not there
will need to be a formal general permit associated with the project for the site. Our contention is that there
will not be a need for that because several reasons,mainly because this site is regulated under a different
portion of the State. This is a materials management site that's handled by that specific office.
MR. TRAVER-Because of the brownfield?
MR.CAVEN-Correct,and there's never been a general permit that says look at the site before,and this site
use is consistent with what the State would be looking for with this sort of thing. They've issued several
guidance documents that refer to this exact use being ideal for these types of sites. We will wait for,you
know, it sounds like LaBella reached out to the State for clarification on that. So we'll be awaiting any
additional input that they receive. Most of these comments were minor,related to making updates to the
plans or the high grass modeling, which we have done. Clarification about the concrete ballasts. They
will not require any excavation. They will be placed directly on grade.
MR. TRAVER-And again that's because of your concern about the cap. Right?
MR. CAVEN-Yes.
MS. WOLFMAN Just to mention that we recently submitted an application to the State DEC for post
closure use modification of the site so it can be placed on it,and that was our initial submission last week,
and that will be under review,but that's all regulated by DEC.
MR. CAVEN-There was a question about restrictions to work on the hazardous waste site. As Gina
mentioned,we're not actually doing on the hazardous waste portion of the site. It's all on the permeable
cap. The question about the French drains on the site,these are existing infrastructure that was associated
with the site historically to capture stormwater or groundwater and pump it off site, and we're proposing
to use that existing infrastructure for this project as well. The overall new impervious associated with
this project is less than an acre,confined to the concrete ballasts for the solar panels and a small equipment
back in the northeast corner of the site.
MR. TRAVER-Part of the approval process does require signoff by the Town Designated Engineer.
MR. DEEB-You have to have signoff.
MR. CAVEN-I see no problem addressing these comments.
MR. DEEB-That's why I think we don't really need to do this.
MR. CAVEN-Okay. I'm sorry.
MRS. MOORE-No, I just wanted to get a little bit of information so that the Board knew that you had
started addressing those, and if there was anything that stood out, and the fact that it's covered under a
different sort of review process at DEC. Then that may clarify it. I just wanted to make sure that the
Board was aware of. Sometimes when there's 20 plus comments there's a little bit of concern.
MS. WOLFMAN-And how would you like this response organized,just a letter?
MRS. MOORE-So typically what happens is you respond to the engineering comments. You provide our
office with two copies. We actually take the copy down to Chazen/LaBella and deliver that that way. In
this case if you have the electronic copy you'll do both. That's how that works.
MS. WOLFMAN-So it should be directed to you at the Planning Department?
MR. CAVEN-Do you want these hard copies?
MRS. MOORE-Do you have plans to go with it?
MR. CAVEN-I do not have the updated copies.
MRS. MOORE-Okay. Thank you.
MR. DIXON-Does this project require any SEQR? Or is it falling under a?
MR. TRAVER-Under a different regulation.
MRS. MOORE-Yes. So the applicant has already addressed that and we discussed that at length in our
preliminary discussions because SEQR has some new solar information in it, when it goes under review,
but this particular project doesn't require us to evaluate under SEQR.
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MR. DIXON-Are we all set?
MR. TRAVER-I believe so.
RESOLUTION APPROVING SP#37-2022 SUP 2-2022 FWW 5-2022 ACPOWER 31,LLC
The applicant has submitted an application the Planning Board: Applicant proposes to utilize 44.1 acres
between lower Warren and the Hudson River of a 62.72 acre parcel for a new solar farm of 5MW AC with
fixed panels. The project proposes disturbance less than 25 acres. The number of panels would be 11,504
to be installed over 9 acres of property. The project includes preparation of the property for installation of
the panels, access drive areas on the site and access through an adjoining parcel to the east. Stormwater
management,landscaping and fencing to be included as well. Pursuant to Chapter 179-3-040,179-10-040,
179-5-140, 94, site plan, special use permit and freshwater wetlands permit shall be subject to Planning
Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-OSO, the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to the Warren
County Planning Department for its recommendation;
The Planning Board opened a public hearing on the Site plan application on 6/232022 and continued the
public hearing to 6/232022,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 6/232022;
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 PLAN37-2022, SPECIAL USE PERMIT 2-2022 &z FRESHWATER
WETLANDS 8-2022 ACPOWER 31,LLC;Introduced by Michael Dixon who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted g. site lighting,o. commercial alterations/construction details, q. soil
logs, r. construction/demolition disposal s. snow removal as these items are typically associated
with projects with building and requirements for public access as the project is described as a solar
farm with no public access;
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;
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;
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;
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(Queensbury Planning Board 06/23/2022)
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.
1) Permit to become a permanent permit(Special Use Permit—to be permanent).
Motion seconded by Jackson LaSarso. Duly adopted this 23rd day of June 2022 by the following vote:
MRS. MOORE-One other item that you should address is because Special Use Permits have those three
criteria, and I don't remember them off the top of my head,but I'm assuming that you would like to grant
a permanent.
MR. TRAVER-Permanent. Yes,good point.
MR. DIXON-Amend that to include Item L,that permit to become a permanent permit.
AYES: Mr. Longacker,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon, Mr. Traver
NOES: NONE
MR. TRAVER-Good luck.
MR. DEEB-Good luck.
MS. WOLFMAN-Will receive a resolution or something?
MRS.MOORE-Yes. So typically you'll probably receive it in the next two days. It'll be electronic. Along
with it will come a Code Compliance letter explaining some of the requirements after that.
MS. WOLFMAN-Okay. Thank you very much. So the revised plans would just go with the response to
the engineering comments?
MRS. MOORE-At this point,yes.
MS. WOLFMAN-All right. Thank you.
MR.TRAVER-The next item on our agenda,also under New Business,is Par 27 LLC. This is Site Plan 34-
2022 and Petition for Zoning Change 1-2022.
SITE PLAN NO. 34-2022 PETITION FOR ZONE CHANGE 1-2022 SEQR TYPE: TYPE I. PAR
27, LLC. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): PAR 27, LLC &z LISA &z
WHITNEY RUSSELL. ZONING: MDR. LOCATION: 170 SUNNYSIDE RD.,0 SUNNYSIDE RD.
APPLICANT PROPOSES A CHANGE OF ZONE FOR A 10.56 ACRE PARCEL AT 170 SUNNYSIDE
ROAD AND A 2.44 ACRE PARCEL AT 0 SUNNYSIDE ROAD(VACANT)FROM MDR TO RR-3A.
THE PROJECT INCLUDES CONSTRUCTION OF AN ADDITION OF 1,613 SQ. FT. TO THE
EXISTING 2,300 SQ. FT. BUILDING. PURSUANT TO CHAPTER 179-3-040, 179-15-040, SITE
PLAN REVIEW, PETITION OF ZONE CHANGE, TOWN BOARD REFERRAL, SEQR FOR
PETITION FOR ZONE CHANGE AND BUILDING EXPANSION, AND PLANNING BOARD
RECOMMENDATION TO TOWN BOARD, SITE PLAN SHALL BE SUBJECT TO PLANNING
BOARD REVIEW AND APPROVAL. WARREN CO. REFERRAL: JUNE 2022. LOT SIZE: 10.56
ACRES,2.44 ACRES. TAX MAP NO.290.5-1-50.1,290.6-1-11.
JON ZAPPER, TOM CENTER&WHITNEY RUSSELL,REPRESENTING APPLICANT,PRESENT
MR. TRAVER-Laura?
MRS. MOORE-In this regard this Board is evaluating two things in reference to Site Plan as well as a
recommendation. The first part of this process is the accepting of lead agency status because the Town
Board already released their, they already consented at a previous resolution and then this Board can go
through SEQR as well as provide a recommendation to the Board,and then after that,once the Town Board
makes their decision,it most likely will come back to this Board for Site Plan itself.
MR. TRAVER-Okay. Thank you. Good evening.
MR. ZAPPER-Good evening, everyone. Jon Lapper with Tom Center, project engineer, and Whitney
Russell on behalf of the owners. So we have admittedly a prop,which Whitney will get into,which shows
that Sunnyside has been there for over SO years,but it is nevertheless a nonconforming use. So Whiney
needed to, after buying it three years ago,getting through COVID,he needed to make an investment,and
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make it a year round,more of a year round business and add an indoor golf simulator,which should do the
trick, and won't affect parking because it's really quiet in the winter or on days when it's raining, but
because it is a non-conforming use,it would require a Use Variance and we can't prove a hardship because
it's not like he's not making money. He's just not building a business. So we went to the Town Board and
told them the story and brought the prop and everyone knows Sunnyside and thinks golf courses are a
good thing and we ought to do that. So there's spot zoning across the street,it was an RR-3A zone, and
the resolution was for the golf courses to be added as a permitted use under RR-3 zone,you know, a full
size golf course on these 100 acres. This is smaller,but the Town Board was happy to do that,to start the
process for your recommendation and then because we also have a site plan component, which is a
Planning Board issue. So what's before you tonight is that you have to get through SEQR and then
recommendation so we can get back to the Town Board,get the re-zoning done and then come back here
for the Site Plan. Just jumping ahead, we have a Chazen letter, LaBella,very,very minor comments that
we can make minor changes on the stormwater to address and we don't think that anything's a SEQR level.
We're hoping to get through the SEQR review knowing that we'll ultimately make minor changes and
satisfy LaBella and just directing stormwater away from the wastewater system,little things like that. So
that's the big picture. I'm going to turn it over to Whitney to tell you the story so you can appreciate why
he needs the re-zoning.
MR. TRAVER-Sure.
MR. RUSSELL-Thanks. Thank you for your time tonight. I appreciate it. My name is Whitney Russell.
I am originally a Tupper Lake boy. Moved down here 33 years ago,30 some years ago,met my wife,raised
three kids and have been a permanent fixture here for all that time. You may recognize my name a little
bit. We've made a pretty good splash a few years ago. We started our re-claimed lumber business called
Storied Boards and a big part of what we do is take down old barns and mills and factories that are falling
down and re-purpose those materials,but a big part of what we do that nobody else does is we document
the history, who built the building, what it was used for and we pass that information along to our
customers,and that's allowed us to do amazing things,like a lady in Texas who lost her house in a fire,and
everything she had growing up in Vermont burned up in the fire. She wanted a mantle for her fireplace.
We were not only able to provide her a mantle from Vermont,but it was from Ryegate,Vermont,the town
she grew up in from an 1SS0's barn. So the history to me is really important, and to add to the idea of
history,seven years ago now my wife and I bought a house on upper Ridge Road. It's an IS40 brick house
that the Starks owned,and we have been lovingly trying to put this thing back to as original as we can. So
history is pretty important,and that gets me to what we have here. This is the trophy for the Open Bucket
league that is one of the longest running men's leagues in New York State. It was started right at Sunnyside
Par 3. My son and I bought Sunnyside about three and a half years ago. We're starting our fourth season
now, and we bought it with two things in mind. One of them was to save the history of this area. I mean
there've been people playing golf there literally since the 40's and we bought it for an investment. We
wanted to see the business grow, and the previous owners were very concerned that we weren't going to
develop it. We were going to keep it a golf course, and that was my commitment to keep it a golf course.
We've got 10 and a half acres of the most pristine land you're ever going to see,and our idea is to keep that.
So the golf course was built in the late 30's,opened in the early 40's. Bob Sheerer was the local gentleman
who built the golf course. As I said Open Bucket league. This trophy has plaques on it that go back to
the Ws. A few years after the golf course opened, a group of ladies went to the owner and said we would
like to start a ladies league. Some of those ladies worked at Hercules chemical company on the Quaker
Road,and one of their teams was called Herculites and they started a golf league that just started their 61"
season, consecutive season at Sunnyside Par 3. In the 50's there were lights added to the golf course and
today it is one of the only lighted golf courses within hundreds of miles. There's nobody around that has
anything like it. So that's just some of the history. Let me get down to the brass tacks. Before we bought
it, they had not made improvements there for probably 20 years because the place would be open in the
summer. They'd make just about enough money to keep the place open,put a little bit of money in their
pocket, and then close it up, and then the chipmunks would move in and you'd have to come in in the
spring and evacuate them. So the previous owners had gotten it to the point where it could maintain year
round business, but in the winter it does not pay for itself. It just can't, and we've slowly made
improvements. We've invested over$200,000,completely re-modeled the interior of the building,which
ironically did not need approvals because we were all contained within the building. We didn't do
anything to change the building,but we did a complete interior re-model. We've added a golf pro who
does lessons there. We just had 120 kids come out from the Junior Adirondack league and play golf a
couple of weeks ago,and so we're doing really great things over there. We changed out all our lighting to
LED's. We worked with our neighbors. We had a couple of neighbors that commented that they wanted
to make sure that we weren't going to have lights shining in their houses. With LED's we can direct the
light. It solved anything like that. So we've done a lot of good things,but it really comes down to we need
to be able to make money in the winter,keep this place viable to keep it operating, and I don't want to use
the word pandemic, but over the last couple of years, one of the things we've learned is you've got to be
able to re-invent yourself. You've got to be able to jump when somebody says jump. We had to take one
of our front windows and turn it into a to go window because that was the only way we could serve food
and we did not layoff one employee during the whole time that we went through shutdowns and
everything else because I wanted to keep the people there and we've actually added employees and we plan
on continuing to add employees. So what we're asking you for tonight is to get our zoning in a position
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where if I need to fix something or repair something or make an adjustment that I'm in a zone that allows
me to do that. That I have an approved use. So that's really the big part, and then as Jon said we'll come
back and we'll talk about the actual project that we're looking to do after that. So if you've got any
questions,I can answer those.
MR. TRAVER-So all this time it's been a golf course but it was never approved as a golf course?
MR. ZAPPER-It was there before there was Town zoning.
MR. TRAVER-Before the zoning.
MR. ZAPPER-Yes, and now it's a residential zone. So like Whitney said, they could turn it into multi-
family, that's fine, and it would be a nice use in that part of Town,but it's not what he wants to do. So
we had to go to the Town Board and talk about making a permitted use. Because this whole project is an
1500 square foot, you know, the simulator on a 10 acre site. It's a pretty small building, but it's really
important to him,but he couldn't get an approved Use Variance,hardship. So this is the best way to go.
MR. TRAVER-And this is,I'm trying to think. I've driven by it an infinite number of times,but I've never
actually stopped. I'm not really, when I play golf it's actually golf spelled backwards,it's flog,right,but
anyway,this is, if I remember right,it's,from what I understood,it's really like a chip and putt. Right?
MR.RUSSELL-It's an executive Par 3,nine hole. Our shortest hole is,plays between 50 and 5S yards. Our
longest hole could be up to 175 yards.
MR. TRAVER-Okay.
MR. RUSSELL-There's a natural pond in the back. We have one hole that goes over the pond. So we
collect golf balls in large quantity because that's just what people do.
MR. TRAVER-Yes,I'll bet.
MR. RUSSELL-It's a little gem. My wife and I used to go there years ago and they used to do seafood
specials or something like that and we'd go there,clam bakes or something and we'd go there for that,but
we kind of stumbled across it, and I looked at this place and I said, it's got potential. This place has
potential. It just needs somebody to spend money,and that's the hard part. You put money into it. Now
I've got to try and make it pay for itself and right now it doesn't. So I tell people all summer long I fill
coffee cans with money and bury it in the yard and then all winter I dig them up to pay the bills, and I just
want to get it on an even keel where I can keep my employees working. Our average salary is$1S an hour.
We're not a minimum wage kind of place. We've got people making very good money, and they're good
jobs,year round jobs. We're looking to expand.
MR. TRAVER-And you have like a bar and restaurant in there,too,right?
MR.RUSSELL-There is a bar and restaurant. If you have ever tried Talk of the Town pizza or the Harvest
pizza,please come and try ours,you'll have a new place to go for pizza, and we do a pub menu like clubs
and things like that. So it's very good food. We've got a great chef. She does an excellent job and our
food business is doing very well.
MR. TRAVER-Okay. So procedurally, Laura, as I understand it, our first order of business is to
acknowledge Lead Agency status.
MRS. MOORE-Correct.
MR. TRAVER-And then we can look at the environmental review under SEQR, and then would be
specifically for the change in zoning.
MRS.MOORE-So there's two things that are happening. There's a change from MDR to Rural Residential,
and then adding golf courses to Rural Residential land use list.
MR. DEEB-Is this going to be specific to this parcel?
MR. ZAPPER-It's not because golf courses will now be permitted uses anywhere in the Town in RR-3A,
but the RR-3A is on a big open space,you know,woodland parcels.
MRS. MOORE-So, yes, the Rural Residential zones, and I can pull the map up to show you the Rural
Residential zone so you can see where it impacts,but that would add this as a listed use,but right now
Rural Residential will allow numerous things,numerous large item things,and I can point those out if you
want me to go through that.
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MR. DEEB-Maybe. Jon,you said like the bigger golf courses,they're about 100 acres?
MR. ZAPPER-It means you have to have a lot of land.
MR. TRAVER-And from a practical standpoint, it's not likely that somebody, if they had a residential
property for development,it's not likely that they would use it for a golf course.
MR. DEEB-Golf course,slim,slim chance.
MR. ZAPPER-In general a golf course is just a stormwater management project. The whole thing is
directing it and treating it
MR. DIXON-How many acres did you say the Par 3 is?
MR. RUSSELL Just over 10.
MR. MAGOWAN-This kind of sounds like the same kind of application we had with the child care at the
Masonic that instead of spot zoning,we had to zone that whole area. Correct?
MRS. MOORE-For Neighborhood Residential you added daycare use.
MR. MAGOWAN-Right. So this is kind of the same thing,but we're adding.
MR. ZAPPER-Adding it to Rural Residential.
MR. MAGOWAN-And why aren't we spot zoning this?
MR. CENTER-You're not spot zoning it because the RR-3 is right next to it. You're expanding RR-3
across the road into these 10 acres. So spot zoning would be something where everything around it is
MDR and you take one parcel and you change it to RR-3. That's spot zoning. This way we actually have
RR-3 across the street. We're just expanding the RR-3 zone.
MR. MAGOWAN-All right. So this particular.
MR. CENTER-This is the path of least resistance in talking with the Town Board to go in this direction.
MR.MAGOWAN-Well,I don't want to come on the record and say that I've spent a lot of hours over there
in that restaurant/bar,but,Whitney,you've done a really excellent job of upgrading it and moving forward,
and the plan for a year round business is really needed,and I know so many people over there that go there
golfing and there's actually guests I know that come into Town and they prefer to go there and it's been a
fun family spot for many,many years. It's changed hands and I admire you for taking it over and bringing
it to the next gen I should say. I know and your son work hard over there. I think this is a great move for
really a year round employment and he can maintain those employees. I feel this is a good move for the
Town for Sunnyside.
MR. DEEB-Tom,you said this is the path of least resistance. I'm pretty thick.
MR.CENTER-Well,like Jon was explaining,the Use Variance and the steps you would,let's say that they
had a problem with the garage and the roof was coming down and they needed to replace the garage,you'd
have to go through the Use Variance process. When it's an allowed use,you can go through the Site Plan
Review process. Anything in here, any addition, any change has to go through a Site Plan Review if this
re-zoning and allowed use is approved. The way it is now, it's a non-conforming use. Anything would
have to go through that Use Variance process and all those steps to get to Site Plan Review because it's not
an allowed use. That's kind of the path of least resistance term where I was going with that.
MR. TRAVER-It's a pre-existing,non-conforming use.
MR. CENTER-That's not even an allowed use.
MR. ZAPPER-So it can be maintained,but it can't be expanded or changed.
MR. TRAVER-Right.
MR. DEEB-And how many parcels?
MRS.MOORE-I don't know the exact number of parcels,but Rural Residential is throughout the majority
of, above Sunnyside going north are those parcels.
MR. MAGOWAN-So the Queensbury,that's up north,it's upper Ridge.
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MR. DEEB-That's a different story because that's over 100 acres.
MR. MAGOWAN-Okay.
MR. DIXON-Bay Meadows. I don't know how big that is.
MRS. MOORE-So Bay Meadows is in a PUD if I'm correct.
MR. CENTER-I believe you're correct.
MR. TRAVER-So,David, are you thinking that now we're going to have large numbers of golf courses?
MR. DEEB-I don't think that's going to happen. But it could. The thing is it could happen. You'd get a
lot of competition.
MR. RUSSELL-I welcome the competition and I also welcome anybody that's crazy enough to invest in a
golf course.
MR. DEEB-I'll tell you, when I was a teenager, and that's a lot of years ago, I rode my bike to Sunnyside,
we called it Sunnyside then, to play golf. I used to carry two clubs with me, and I remember playing at
night. What a thrill it was to play at night with the lights.
MR. RUSSELL-Now we have glow in the dark golf balls. So when you strike them they glow in the dark,
and that makes it even better. We go through hundreds of glow in the dark golf balls every summer.
MR. TRAVER-At least they're easy to see when they go in the pond. Right?
MR. RUSSELL-Yes.
MRS. MOORE-So if you wanted numbers,I don't have it. I'd have to ask our GIS person to calculate you
a number.
MR. DEEB-What would be the minimum acreage?
MRS. MOORE-Right now there's no minimum acreage. It's going to be a listed use that would require
Site Plan Review to come to this Board. If you propose an acreage, like you did with the daycare, you
could do that,but I apologize. I don't have a number.
MR. DEEB-We did that with two acres.
MRS. MOORE-That was a fairly easy one.
MR. DEEB-That was an easy one. This is a little harder.
MRS. MOORE-Yes,this one I don't know,because a golf course could be any size acreage. I don't know.
MR. DEEB-You can't have a one acre golf course.
MR. CENTER-And it's not like they could just build something there like you would build a house. A
subdivision has lots. It doesn't have to come to Site Plan Review. This requirement is for Site Plan Review
for any golf course. They have to come before the Board and prove that they can do the golf course, that
they have enough land and they can manage everything and come through that. So it's not like you're
approving it so anybody can go out and just start building golf courses. They still have to come back for
Site Plan Review as required.
MR.DEEB-I like that clarification. Okay. I'm just thinking I'm going to go home and put a golf course on
my property.
MRS. MOORE-So at this point, this particular parcel, this one parcel is part of this proposal. There is
another parcel. This particular parcel is 10.56 acres. So if you were looking at a,you know,it has to be
more than 10 acres, this would meet that definition. I don't feel comfortable with that as reasoning.
Because I can't validate it. I can't give you a reason why 10 acres is, I can't say it's just because of this
parcel. I don't think that's a valid way to vet it.
MR. TRAVER-Well the first thing we need to do is acknowledge Lead Agency status. Correct?
MR. DIXON-Do we have to open the public hearing just for that?
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(Queensbury Planning Board 06/23/2022)
MR. TRAVER-No.
MRS. MOORE-You can acknowledge Lead Agency. You can acknowledge it first.
MR. TRAVER-Yes. We have a draft,and then we'll do SEQR for that.
RESOLUTION ACKNOWLEDGING LEAD AGENCY STATUS SP#34-2022 PZ 1-2022 PAR 27,LLC
WHEREAS, the applicant proposes a change of zone for a 10.56 acre parcel at 170 Sunnyside Road and a
2.44 acre parcel at 0 Sunnyside Road(Vacant) from MDR to RR3A and to add Golf course to the list of
allowed uses in the Rural Residential zone with site plan review. The project includes construction of an
addition of 1,613 sq.ft.to the existing 2,300 sq.ft.building.Pursuant to chapter 179-3-040,179-15-040,site
plan review,petition of zone change, Town Board referral, SEQR for petition of zone change and building
expansion, and Planning Board recommendation to Town Board. Site plan shall be subject to Planning
Board review and approval.
WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental
review process under the State Environmental Quality Review Act(SEQRA).
WHEREAS,the Town of Queensbury Planning Board has been determined to be Lead Agency as granted
by consent from the Town Board and there are no other agencies involved;
NOW,THEREFORE BE IT RESOLVED:
MOTION TO ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH SITE PLAN
34-2022 AND PETITION OF ZONE CHANGE PZ-1-2022 FOR PAR 27,LLC ,Introduced by Michael
Dixon who moved for its adoption,seconded by Jackson LaSarso:
As per the draft resolution prepared by staff.
Duly adopted this 23rd day of June 2022 by the following vote:
AYES: Mr. Longacker,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon, Mr. Traver
NOES: NONE
MR. TRAVER-So we'll go on to review SEQR and make a referral to the Town Board,but first let's open
the public hearing. Is there anyone in the audience that wanted to address the Planning Board on this?
Yes,sir.
PUBLIC HEARING OPENED
DWIGHT OLSEY
MR. OLSEY-Hi. My name's Dwight and the paperwork that I have says that there are two parcels,one
of them you made reference to. The other one is referenced as 0 Sunnyside, and I had trouble finding 0
Sunnyside.
MRS. MOORE-So I'll explain that. It's a 911 addressing issue. So if it hasn't been, when 911 addressing
systems went into place there was an existing 0,like you'll find it all over. They weren't numbered. So
that is why it's the adjacent parcel,and it's technically labeled as 0. That's the technical address.
MR. OLSEY-Could you put it up here and show me?
MRS. MOORE-Yes.
MR. OLSEY-That is the one that's zero?
MRS.MOO RE-This is the parcel. Yes. Let me just throw up the aerial so you can see that and take down
the zoning districts. So this may help.
MR. OLSEY-And the one you had highlighted before is the one?
MRS. MOORE-Yes.
MR. OLSEY-That was my question,is just where is 0. Thank you.
MR. DEEB-You waited all this time.
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MR. OLSEY-I was hoping it was the one right around the corner where that building is.
MR. TRAVER-Is there anyone else that wanted to address this project with the Planning Board? Yes,sir.
DAVE LUNDY
MR. LUNDY-Dave Lundy,10 Brookwood Drive. I built my house 16 years ago. So I've been fortunate the
last few years. Full disclosure I'm a club member. The reason I'm here is to support the application, and
moreover is to emphasize how much I appreciate all the hard work this team does. You mentioned that
you used to create memories with the old one. Well,we need to create memories today. Those two chaps
I brought in,they're members of the Adirondack Golf tour and they're golfers. It's important I think we
support. I run a business. If I can support them,it's important. So please take this application in hand
and knowing what he's going to accomplish and the lights. I live about SO yards from him. So I have no
complaints. Thank you for your time.
MR. TRAVER-Thank you. Are there written comments,Laura?
MRS. MOO RE-I do have one written comment that I found. Sothis is addressed to the Board. "I would
like to make some serious statements to be considered as concerned home owners in the immediate vicinity
of the Par 3 golf course&bar(Par 27 LLC). We have also spoken with our neighboring residents. They
too express concern after receiving notice in the mail. While it's understood that small businesses are
trying to keep afloat in these crucial times,an addition to the said bar square footage&zone change is not
ideal for the neighboring properties. This is a fairly quiet,peaceful residential area which should remain
so. With exception to the current business having a serious inadequate parking situation for the current
size of the facility. Adding to the square footage of the building will not only bring a greater parking issue,
not all the neighbors approve of the public parking in and/or blocking their private driveways and on their
front lawns. This has already brought several nuisances such as loitering, littering of empty beer cans
garbage, etc., deep tire ruts across the front lawns, making it almost impossible to get out of your own
driveway during their events and live entertainment at the Par especially on the weekends. The"overflow
parking"is always over full(an issue,and poorly marked)which leads the customers to start parking along
both sides of the road, above and below the Par. Which also creates problems for emergency personnel
getting to calls especially with Ridge/Bay Road detours which is bringing more than normal traffic in the
residential area. This is a huge traffic concern as several of us residents have small children playing outside.
It's also tiring to keep asking Par customers to not park in our yards repeatedly. It's sad you have to park
at the very end of your own driveway to be able to use it due to these current problems. The 2.44 acres
with only an access right-of-way should not be adding to excessive backyard traffic as it has started to
disrupt the comfort of our own private properties. It's becoming a dump site for trees cutting and
equipment storage etc. With no privacy fencing. Traveling of Oversized vehicles from tree companies,
etc. have been currently traveling to it. This brings great discomfort, and concern for homeowners
especially if the Par try to start directing their customers to park everywhere and anywhere with no real
designated areas that have been approved by the Town and becoming abundantly overflowing. We love
our homes, and would like to not have the constant worry and confrontations with the Par's customers
over these issues it's not just an isolated incident it's been a constant problem. May we suggest they place
their focus on improving the current parking lot, and the over flow parking area first. They can't
accommodate adequately for current square footage they are currently operating. Therefore we object to
the idea of the expanding and zone changes proposed. Respectfully submitted, Rebecca Gagnon and
Justin Davidson" And that's it.
MR. TRAVER-Okay. Thank you.
MR. DEEB-One of my concerns was the parking,but we're addressing that now.
MR. TRAVER-All right. So we'll go ahead and close the public hearing.
PUBLIC HEARING CLOSED
MR. TRAVER-You heard public comment, generally supportive, but there was concern about parking.
Did I not see something in the plans about adding some parking?
MR. CENTER-It's just inclusion of the parcel next door for potential future development, which would
have to come back for Site Plan Review if they did anything.
MR. TRAVER-Okay. All right. So,Laura,next would be under SEQR and then referral. Correct?
MRS. MOORE-Correct.
MR. TRAVER-Okay, and the SEQR review is unusual because we have a pre-existing function,but we're
looking at SEQR in terms of the zoning change.
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(Queensbury Planning Board 06/23/2022)
MRS. MOORE-Right. So you want to consider you're adding this use to all of Rural Residential zoning.
It's the entire Town,wherever Rural Residential zoning is allowed. That's where you're adding it to.
MR. TRAVE R-Right. As David had pointed out before. All right. So with that,in reviewing SEQR,we
have to consider the environmental impacts not only of this individual site,but also adding this use to RR-
3. So how do we feel about that?
MR.LA SARSO-I don't see how it's any more intense than any of the other existing uses that are approved.
MR. TRAVER-Actually a golf course would be less intense.
MR. LA SARSO-Exactly.
MR. TRAVER-As Mr. Lapper pointed out it's essentially a giant stormwater management.
MR. DIXON-And they have to come before a Site Plan Review regardless. So if we identify any issues. So
knowing that this one is already existing,I mean would this be a Part III Long EAF?
MRS. MOORE-So because it has to go through Petition of Zone Change it already triggers the Type I
action. It's up to you. You can identify it through this resolution or you could have me go through the
Long EAF form. Obviously we've done some Long EAF forms where I've read through those comments on
the SEQR form. There's particular reasons for that. I'm not certain that's necessary in this case,but I'll
read it if you wish me to.
MR. DIXON-I don't think it's necessary.
MR. TRAVER-No.
MR.DIXON-It's pre-existing,but it's not a Part III is not necessary because we're talking about the zoning
change. So when we vote on the SEQR here we've got an option,Part III Long EAF has been reviewed.
MRS. MOORE-You've only reviewed Part II. You don't need to include Part III,similar to what we do for
the Short Form.
MR. TRAVER-Does anyone else have any concerns regarding the SEQR motion? I'm not hearing any. All
right. We have a draft resolution.
RESOLUTION GRANTING A NEGATIVE SEQR DECLARATION SP#34-2022 PZ 1-2022 PAR 27 LLC
The applicant proposes a change of zone for a 10.56 acre parcel at 170 Sunnyside Road and a 2.44 acre parcel
at 0 Sunnyside Road(Vacant)from MDR to RR3A and to add Golf course to the list of allowed uses in the
Rural Residential zone with site plan review. The project includes construction of an addition of 1,613 sq.
ft.to the existing 2,300 sq.ft.building.Pursuant to chapter 179-3-040,179-15-040,site plan review,petition
of zone change, Town Board referral, SEQR for petition of zone change and building expansion, and
Planning Board recommendation to Town Board. Site plan shall be subject to Planning Board review and
approval.
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;
Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury
Planning Board as lead agency that this project will result in no significant adverse impacts on the
environment,and,therefore, an environmental impact statement need not be prepared. Accordingly,this
negative declaration is issued.
MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 34-2022 AND PETITION
OF ZONE CHANGE PZ-1-2022 FOR PAR 27, LLC. Introduced by Michael Dixon who moved for its
adoption.
As per the resolution prepared by staff.
1. Part II of the Long EAF has been reviewed and completed by the Planning Board.
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(Queensbury Planning Board 06/23/2022)
2. Part III of the Long EAF is not necessary because the Planning Board did not identify potentially
moderate to large impacts.
Motion seconded by Jackson LaSarso. Duly adopted this 23rd day of June 2022 by the following vote:
MRS. MOORE-So I'm just going to identify that if you look at that Number Two,you would just identify
Part III of the Long EAF is not necessary. You would read that into part of your resolution,and I see where
originally it says Short. It should really say Long.
MR. DEEB-What about,parking has nothing to do with this.
MRS. MOORE-You can review that as part of Site Plan. In regards to SEQR,I'd have to look at it,I can
pull it up,but golf courses already require a certain amount of parking per our Code.
MR. TRAVER-So that's Site Plan.
MR. DEEB-Okay.
MR. DIXON-So,Laura,you'd like to include Part III of the EAF is not necessary,in addition.
MRS. MOORE-Correct,but change the word Short to Long.
AYES: Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Traver
NOES: NONE
MR. TRAVER-All right. So now we come to the recommendation to the Town Board as favorable or
unfavorable for the zoning change. Change would be for a medium density residential to rural residential
three acre.
MRS. MOORE-And to add golf course to the allowed uses.
MR. TRAVER-Yes, and the recommendation would be adding the golf course as an allowed use within
that RR-3A zone. So are members comfortable moving forward with a positive recommendation on that?
MR. LA SARSO-Yes.
MR. DEEB-Yes.
MR. MAGOWAN-Yes.
MR. TRAVER-Okay.
MRS. MOORS Just before you read that,I can see it sort of got cut off from Zoning Change from MDR to
RR-3 and I would add,adding golf course use to rural residential through Site Plan Review. I can see that,
I apologize,it got cut off.
MR. DIXON-And at this point did we want to make any recommendations regarding acreage or are we
going to just stay away from that animal for right now?
MR. DEEB-You were uncomfortable with acreage,weren't you?
MRS. MOORE-Yes,I am. Because I can't vet it. If I could vet it then I would give you that answer,but I
don't have it.
MR. TRAVER-And the Town Board during their review could also choose to do that.
MRS. MOORE-They could.
MR. TRAVER-So just a straight positive recommendation.
RECOMMENDATION RE: TB RECOMMENDATION RE: SP#34-2022& PZ 1-2022 PAR 27,LLC
WHEREAS, the applicant proposes a change of zone for a 10.56 acre parcel at 170 Sunnyside Road and a
2.44 acre parcel at 0 Sunnyside Road(Vacant) from MDR to RR3A and to add Golf course to the list of
allowed uses in the Rural Residential zone with site plan review. The project includes construction of an
addition of 1,613 sq.ft.to the existing 2,300 sq.ft.building.Pursuant to chapter 179-3-040,179-15-040,site
plan review,petition of zone change, Town Board referral, SEQR for petition of zone change and building
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(Queensbury Planning Board 06/23/2022)
expansion, and Planning Board recommendation to Town Board. Site plan shall be subject to Planning
Board review and approval.
WHEREAS,the Town of Queensbury Town Board is proposing the following zoning changes: Changing
Moderate Density Residential to Rural Residential and adding golf course use by site plan review to be
added to the Rural Residential Zone.The Town Board referred this proposed change to the Planning Board
for an advisory recommendation pursuant to Section 179-15-020,resolution number 210,2022 dated May
16,2022;
MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING
CHANGE FROM MDR TO RR3A AND TO ADD GOLF COURSE TO RURAL RESIDENTIAL USE
LIST WITH SITE PLAN REVIEW;
The Planning Board based on limited review has not identified any significant adverse impacts that cannot
be mitigated with this proposal.
Introduced by Michael Dixon who moved for its adoption.
Motion seconded by Jackson LaSarso. Duly adopted this 23rd day of June 2022 by the following vote:
AYES: Mr. Dixon,Mr. Longacker,Mr. Magowan,Mr. LaSarso,Mr. Deeb,Mr. Traver
NOES: NONE
MR. TRAVER-You're off to the Town Board.
MR. RUSSELL-Thank you very much.
MR. DIXON-Good luck.
MR. TRAVER-Is there any other business before the Board this evening?
MRS. MOORE-I'll just let the Board know that the first July Zoning Board meeting Jim Liebrum will be
back in front of the Zoning Board giving a training presentation about stormwater. If you're interested in
joining that you're more than welcome.
MR. TRAVER-Okay. So noted. If there's nothing else,we'll entertain a motion to adjourn.
MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF TUNE 23RD
2022,Introduced by Stephen Traver who moved for its adoption,seconded by Brad Magowan:
Duly adopted this 23rd day of June,2022,by the following vote:
AYES: Mr. LaSarso, Mr. Magowan,Mr. Dixon,Mr. Deeb,Mr. Longacker,Mr. Traver
NOES: NONE
MR. TRAVER-We stand adjourned. Thank you,everyone.
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Stephen Traver,Chairman
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