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Staff Notes for 8/16/2022I - iD VON Ink STAFF NOTES AUGUST 16, 2022 Queensbury Planning Board Agenda 1 First Regular Meeting: Tuesday, August 16. 2022 / Time 7 - 11 pm \ -P� Queensbury Activities Center @ 742 Bay Road Approval of Minutes Dates- June 21, 2022 and June 23, 2022 Tabled Items -Appli_BRETT & PAMELA WEST (Main House)_-_] __Application Type_ _ I Site Plan 51-2021 & FWW 10-2022 Owner (s) _ ; Same as applicants^ _ ! SEQR Type - f Type II _ Agents) `� EDP _ J _- Lot size 0.91 acre Location 106 Bay Parkw�y - Ward: 1 I Zoning Classification: WR ! Tax ID No. -- 226.15-1-17 _ -Ordinance Reference 179-3-040, 179-6-065, 147 Cross Reference I 53-2017 septic var.; AV 47-2007 & SP 39-2007 - Warren Co. Referral August 2021, boathouse; SP PZ 89-2016 & SP PZ 210-2016 & February 2022 (stormwater device) AV 95-2016 - addition; SP 37-2009; AV 57-2021, July 2022 (FWW) SP 5_2-2021, AV 30-2022_ Public Hearing # -September 28, 2021, November 16, 2021, December j Site Information APA, CEA, LGPC 16, 2021, February 22, 2022, March 29, 2022, April ' 26, 2022, May 19, 2022 Project Description: (Revised 6/15/2022) Applicant proposes to demo existing home and shed to construct a new two story home with a 5,436 sq ft I footprint with a garage. Also included is installation of permeable pavers for patio, driveway areas and a covered walkway between the two properties. The new floor area will be 8,670 sq ft where the maximum allowed is 8,687 sq ft. The project includes site work for new landscaping shoreline and residential house, septic, and stormwater management. Additionally, work to be done is within 100 feet of a designated wetland. Pursuant to chapter 179-3-040, 179-6-065, Chapter 94, Chapter 147, site plan for a new floor area in a CEA, work adjacent to wetland, and hard surfacing within 50 ft of the shoreline shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks to wetland. Planning Board shall make a recommendation to the Zoning Board of Appeals. Applicants) ' j _FOOTHILLS BUILDERS (FHB APTS) �� Application Type Site Plan 27-2022 _ --�� Owner (s) --, Same as applicant ------_- _ -- } SEQR Type ___-_J Unlisted --- - --- - -__ Studio A (Matthew Huntington) - , - j Lot size _ I .76 acres Location 78-80 Main Street I Ward: 4 Zoning Classification: NC Tax ID No. - j 309.10-1-24 and 309.10-1-25 `j Ordinance Reference 1 179-3-040,_1.79-7-030, 179-7-070, 140_ Cross Reference Disc 6-2021 Warren Co. Referral May 2022 Public Hearing J_May 26, 2022, August 16, 2022 v�� Site Information Main Street Project Description: (Revised) Applicant proposes removal of existing structures and to construct a new building with a footprint of 8,663 sq ft and floor area of 25,989 sq ft. First floor office/retail with a second and third floor containing 24 apartment total. Site work to include parking/drive area, lighting, landscaping and stormwater. Site plan for new uses and multi -story building in the Main Street zone. Revised building elevations and traffic information. Pursuant to chapter 179-3-040, site plan for a new commercial use in a main street zone shall be subject to Planning Board review and Tabled Items- Unapproved Development Applicant(s) -MORGAN GAZETOS/GREG FRANCIS___- ] _Application Type `I Site Plan 35-2022 Owner (s) - _I Gregory R Francis Trustee -�_ , _ J SEQR Type_- _i JXRe II Agent(s) Morgan Gazetos Lot size j .92 acres Location 2930 State Route 9L _-� - _ Ward: 1 Zoning Classification: WR - A� Tax ID No. _ 239.20-1-19 _ �� Ordinance Reference 179-3-040, 179-13-010 - -_- - Cross Reference I SP 72-2014, AV 85-2014, AV 25-2022 Warren Co. Referral ( June 2022 _Public Hearing _I n/a for recommendation _ - � Site Information ( CEA, APA, LGPC -� Project Description: (Revised) 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 existing decking area today is 1,508 sq ft. where a previous approval was for 1,116 sq ft. The site work with the additional wooden walkway has an existing square footage of 2,384 where the proposed is { 2,074 sq ft. Updated plans show overlay of existing and previously approved. 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. Variance: Relief is I sought for setbacks. Planning Board shall make a recommendation to the Zoning Board of Appeals. Recommendations Applicant(s)_ _� _JAMES BROWN � Application Type Site Plan 54-2022 _Owner (s) i Same as applicant �� SEQR Type j Type Apent(s) Jarrett Engineering Lot size 15.75 acres Location 1918 Ridge Road, Shop Road Ward: 1 _] Zoning Classification: LC-10A—v Tax ID No. 253.4-23, 253.4-22 (access road) _ _ Ordinance Reference 1 _ 179=3-040, 179-4-050, Chapter 147, 179-6-060 — Cross Reference SP 32-2018, Disc 06-2021, AV 41-2022 Warren Co. Referral I August 2022 �— Public Hearing I n/a for recommendation _ I Site Information APA —____; Project Description: Applicant proposes to construct a new single family home with a 1,936 sq ft footprint. The access drive to the new home is from an existing private road ("Shop Road") through an adjoining property to the new home. The remaining driveway area is located on the applicant's property using some portions of previous logging roads. The project includes disturbance of an acre and will require a major stormwater permit. Pursuant to chapter 179-3-040, 179-4-050, Chapter 147, 179-6-060, site plan for construction of a new home within the LCI0 zone in the APA, a new structure within 15% slopes shall be subject to Planning Board review and approval. Variance: Relief is sought for access to a public right-of-way from the property. Planning Board shall make a recommendation to the Zoning Board of Appeals. I AApplicant(s) _JEFFREY RANDLES ___s AP�lication Type Site Plan 51-2022 Owner (s) — _� Same as applicant �_— T _y ___SEQR Type � Type II Agent(s) _ EDP : —_ _ _ Lot size -- `83 acres Location 42 Old Assembly Point Road Ward: 1 Zoning Classification: WR Tax ID No. _� 239.12-2-11 I Ordinance Reference 179-3-040, Chapter 147 _ —_ _ Cross Reference AV 36-2022 _ _ ..... J Warren Co. Referral E August 2022 Public Hearing n/a for recommendation � Site Information _APA, LGPC, CEA Project Description: Applicant proposes alterations to an existing single family home with a second story addition and an attached garage. New floor area to be 6,968 sq ft and the total footprint of the new house to be 3,348 sq ft. The additions include additional basement area. The main floor would alter the north side with a new dining area and.a new garage. The south side bedroom areas to be added to the footprint of the structure. The second floor would include additional living space and storage. The project includes stormwater management and shoreline plantings. Pursuant to chapter 179- i 3-040, 147, site plan review for a new floor area and alterations to the existing home 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. Applicants_ _DARK BAY LANE, LLC. i Application Type Site Plan 58-2022 Owner (s j Same as applicant _ _J SEQR Type J Type II Agents) EDP —� j Lot size —.43 acres Location —_ _j 40 Dark Bay Lane _ _ Ward: I _ ) Zoning Classification:_W_R v Tax ID No.�239.18-1-37 J Ordinance Reference 179-3`040, 179-6-050, 179-4_-010, 179-6-065 Cross Reference AV 43-2022 _Warren Co. Referral August 2022 Public Hearing n/a for recommendation � Site Information APA, LGPC, CEA Project Description: Applicant proposes to demolish an existing 2,000 sq ft home to construct a new home with a footprint of 2,658 sq ft. The new floor area is to be 4,378 sq ft. The project includes a new septic system, update to parking and shared access arrangement, shoreline planting areas, and stormwater management. Pursuant to chapters 179-3-040, 179-6-050, 179-4-010, 179-6-065, new floor area in a CEA and hard surfacing within 50 ft of shoreline shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks and floor area. Planning Board shall provide a recommendation to the Zoning Board of Anneals. New Business: N Applicant(s) TIM SCIALABBA/WEST MTN. SKI AREA Application Type Site Plan 49-2022 Special Use Permit 3-2022 Owner (s v Apex Capital, LLC. T _ SEQR Type _ 4 Type II �Agent(s _� Apex Capital, LLC. j Lot size _� 365.43 acres_ Location _j 59 West Mountain Road, Ward: 4 „— _1 Zoning Classification: RC� Tax ID No. 307_ 1-29 —�_ � _Ordinance Reference ; 179-3-040, 179-10-040 Cross Reference SP 16-2018, SP 53-2019 _Warren Co. Referral —j August 2022 i Public Hearing August 16, 2022 Site Information Slopes Project Description: Applicant proposes to utilize a portion of the existing 365 acre parcel to host outdoor events. The events include, but aren't limited to, community and family events for mountain biking, outdoor concerts/festivals, endurance races, and other outdoor recreational activities. The intent is to host 10 single day events and 8 multi -day events outside the normal operating season for a renewable 5 year period. Additionally, local, DOH, and f NYS approvals/services will be obtained as needed for each event, hours of music will be limited to be during 8 am to I I pm only, and all tents and/or stages will be temporary per event arrangement. Pursuant to Chapter 179-3-040, 179-10-040, site plan and special use permit for outdoor concerts shall 4 be subject to Planning Board review and approval. Applicant(s) SOUTHERN GATEWAY RENEWABLES Application Type Site Plan 55-2022 Special Use Permit 4-2022 _Owner (s) — County of Warren DPW � SEQR Type ___] _Unlisted Agent(s) EDP (Travis Mitchell) � Lot size 54.37 acres, 25.24 acres A , Location West Side of Qsby Ave, South of Airport Ward: 2 ! Zoning Classification: Tax ID No. 303.8-1-1, 303.12-1-3 Ordinance Reference 179-5-140, 179-10 040, 179-3-040 Cross Reference —) .__ _ � _ Warren Co. Referral August 2022 Public Hearings August 16, 2022 � Site Information Airport Project Description: Applicant proposes to utilize 27+ acres of an 80 acre parcel for a S.OMW solar farm of 8.25 acres of land at the Warren County Airport. Project work includes fencing, stormwater management, and equipment areas. The hard surfacing total with existing and proposed is 1.07 acres with equipment pads. Panel height is 16.5 to 19.5 ft. Pursuant to chapter 179-5-140, 179-10-040, 179-3-040, site plan and special use permit shall be subiect to Planning Board review and approval. Applicant(s) NORTHERN GATEWAY RENEWABLES Application Type Site Plan 56-2022 Freshwater Wetlands 11-2022 Sp__ecial Use Permit 5-2022 Owner (s) County of Warren DPW SEQR Type Unliste Agent(s)_JEDP (Travis Mitchell) Lot size 510.06 acres Location 443 Queensbury Avenue Ward: 2 �� Zoning Classification: CLI _— _Tax ID No. 297.15-1-1 ,— ( Ordinance Reference 179-5-140, 179-10-040, 179-3-040, 94 Cross LZeference_J Warren Co. Referral August 2022 Public Hearing August 16, 2022 Site Information i Airport wetlands _ __ ^ j Project Description: Applicant proposes to utilize 31 acres of a 510 acre parcel for a S.OMW solar farm of 8.3 acres on the Warren County Airport land. j Project site work is within 100 ft of designated wetland and there will be disturbance of existing wetland areas for the placement of solar panels. Project j work includes fencing, stormwater management and equipment areas. The increase in hard surfacing is 0.86 acre with equipment pads. Site work proposed in the wetland is in three specific areas and other site work is adjacent. Total site disturbance is 34.10 acres. Panel height is 16.5 to 19.5 ft. Pursuant to chapter 179-5-140, 179-10-040, 179-3-040, 94, site plan and special use permit, freshwater wetlands permit, and work on slopes greater than 15% shall be subiect to Planning Board review and approval. - Any further business which may be properly brought before the Board - Minutes for June 21 & June 23 Draft resolution- grant/deny minutes approval Site Plan 51-2021 & Freshwater Wetlands 10- 2022 @ 106 Bay Parkway Brett &Pamela West (Main House) No public hearing Draft resolution- Planning Board Recommendation to the Zoning Board of Appeals Town of Queensbury Planning Board Community Development Department Staff Notes August 16, 2022 Site Plan 51-2021 & Brett & Pamela West (Main House) Freshwater Wetlands 10-2022 106 Bay Parkway/ Waterfront Residential/ Ward 1 SEQR Type II Material Review: application, site plans, floor plans, elevations, deed, stormwater management report, freshwater wetland permit application, revised plans November, December, January, March, April, July 2022 Parcel History: AV 47-2007, SP 39-2007, SP 89-2016, SP 210-2016, AV 95-2016, AV 57-2021, SP 52-2021, AV 30-2022 Warren Co Referral Sent: July 2022 (FWW) /Comments: Concur w/local board. Informal staff comments relating to identifying wetlands area and compliance with DEC guidelines. Requested Action Recommendation to the Zoning Board of Appeals Resolutions 1. Recommendation Proiect Description (Revised 6/15/2022) Applicant proposes to demo existing home and shed to construct a new two story home with a 5,436 sq ft footprint with a garage. Also included is installation of permeable pavers for patio, driveway areas and a covered walkway between the two properties. The new floor area will be 8,670 sq ft where the maximum allowed is 8,687 sq ft. The project includes site work for new landscaping shoreline and residential house, septic, and stormwater management. Additionally, work to be done is within 100 feet of a designated wetland. Pursuant to chapter 179-3-040, 179-6-065, Chapter 94, Chapter 147, site plan for a new floor area in a CEA, work adjacent to wetland, and hard surfacing within 50 ft of the shoreline shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks to wetland. Planning Board shall make a recommendation to the Zoning Board of Appeals. Staff Comments • Location -The project is located at 106 Bay Parkway on a parcel of 0.91 acres. • Arrangement- The project involves a tear down and construction of a new home. The project includes installation of a new septic system, stormwater management, and drive -way area. The existing home is a log style home building approximately in 1941. The project plans show the location of hard -surfacing site work within 50 ft of the shoreline. • Building — The home to be constructed is 5,436 sq ft footprint includes a porte-cochere and an attached garage. The patio are to be installed is 1,800 sq ft. The project includes a covered walkway of 692 sq ft that is to extend from the proposed house to a new home on the adjoining property. The new floor area is 8,670 sq ft. Site conditions -The property is an odd configuration where most of the site will be disturbed for construction but minimal disturbance of the shoreline. Grading and drainage plan, Sediment and erosion control -The project includes 0.54 acres of disturbance and plans show the silt fence location on the property. The grading of the property is also shown between 323 to 325 for the finished floor. The project is subject to a major stormwater permit as the project consists of greater than 15000 sq ft of disturbance. The plans show the rain garden locations. The applicant has provided an updated response package for the Town Designated Engineer to review. Landscape plan- The project site is located on Lake George and is subject to the shoreline buffer review. The applicant has indicated a new set of plantings to occur around the house. No plantings along the shoreline are to be removed. There are some new plantings on the east shoreline proposed. Below are the guidelines from the shoreline buffer code section o Shoreline Buffer - Section 179-8-040 -Minimum width 35 ft (Lake George) -For every 700 sgft of shoreline buffer area -one large tree minimum 3 inches in diameter -For every 350 sq ft of ground cover -7 - 24 in native shrubs; 14 herbaceous plants Project site -465 ft of shoreline per survey -Shoreline buffer 465 ft X 35 ft width is 16,275 sq ft -Shoreline buffer area-16,275 /700 = 23.25 round up to 24 -twenty-four large trees at 3 inch diameter -Ground cover-16,275/350 = 46.5 round up to 47 (X7) =329 native shrubs and 47 (X14) herbaceous plants=658 o Shoreline Cutting restrictions- Section 179-6-050 - Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75 ft whichever is less - 465 ft Shoreline X 30%= 139.5 feet of the shoreline buffer cut to allow a view, access and to reduce runoff (such as angled across the lot). - Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable within the 30%/75 ft cut area. • Site lighting plan -Lighting information was not provided and Staff suggests confirming residential light fixtures are downward cast cutoff. • Utility details -The plan shows anew holding tank system to be installed. Approved by the local BOH. The water supply is drawn from the lake. • Elevations -The elevations show the view of the home, an attached porte cochere (second garage), an attached garage and the covered open walkway. • Floor plans -The first floor plan shows, living room area, kitchen, dining room, the porte-cochere, media room, small office, game room, and a three car garage. Note the area labeled wet bar will have no kitchen elements. The second floor plan shows bathrooms, closets, bedrooms, and the garage area will be open with no second floor. • Waivers -Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. signage, n traffic, o. commercial alterations/ construction details, r. construction/demolition disposal s. snow removal. • The waivers requested -Staff finds it reasonable to request a waiver as these items are typically associated with commercial projects. The applicant has provided information on j. stormwater, k. topography,1. landscaping p floor plans, q. soil logs. • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Freshwater Wetland The applicant has provided an updated plan showing the location of the wetland area. The wetland area is about 1,019 sq ft as noted on the Freshwater wetland permit. The APA and the Army Corp have indicated the area as non- jurisdictional. Nature of Variance Granted 3/23/2022. The new home is to be located 46 ft. to the east shoreline, 35 ft. to the west shoreline where 50 ft. is required. The covered walkway is to be 0 ft. from the west side setback where a 20 ft. setback is required. The project proposes two garages where only one is allowed — the porte-cochere is considered a garage due to width of open sides allowing vehicles. Relief is also requested for setbacks for stormwater devices. Note: Permeability 77.9% is proposed where 75% is required- no permeability relief is requested. The floor area proposed is 8,670 sq ft where 8, 687 sq ft is the maximum size allowed —no floor area relief is requested. New Variance Applicant proposes the garage section of the home to be located 10 ft from the wetland area where 50 ft is required and relief from the shallow depression area is also being requested. Summary The applicant proposes a new variance requiring the recommendation from the Planning Board to the Zoning Board for setback relief for the building to the wetland and shallow depression area. Meeting History: PB: 9/28/2021, 11/16/2021, 12/16/2021, 2/22/2022, 3/29/2022, 4/26/2022, 5/19/2022; ZBA: 9/29/2021, 10/27/2021, 12/15/2021, 2/16/22, 3/23/2022 rI& Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to Zoning Board of Appeals Area Variance 30-2022 BRETT & PAMELA WEST (MAIN HOUSE) Tax Map ID: 226.15-1-17 / Property Address: 106 Bay Parkway / Zoning: WR The applicant has submitted an application for the following: (Revised 6/15/2022) Applicant proposes to demo existing home and shed to construct a new two story home with a 5,436 sq ft footprint with a garage. Also included is installation of permeable pavers for patio, driveway areas and a covered walkway between the two properties. The new floor area will be 8,670 sq ft where the maximum allowed is 8,687 sq ft. The project includes site work for new landscaping shoreline and residential house, septic, and stormwater management. Additionally, work to be done is within 100 feet of a designated wetland. Pursuant to chapter 179-3-040, 179-6- 065, Chapter 94, Chapter 147, site plan for a new floor area in a CEA, work adjacent to wetland, and hard surfacing within 50 ft of the shoreline shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks to wetland. Planning Board shall make a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE Introduced by who moved for its adoption, and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal. b) The Planning Board, based on a limited review, has identified the following areas of concern: 1) Duly adopted this 16t" day of August 2022 by the following vote: AYES: NOES Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 27-2022 @ 78-80 Main Street Foothills Builders/FHB Apartments Public hearing scheduled Unlisted SEAR Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board ax Community Development Department Staff Notes August 16, 2022 Site Plan 27-2022 FOOTHILLS BUILDERS/FHB APARTMENTS 78-80 Main Street/ Neighborhood Commercial/ Ward 4 SEQR Unlisted Material Review: application, elevation, site plans, floor plans elevations, stormwater management, traffic report Parcel History: Disc 6-2021 Warren Co Referral Sent: May 2022 / Comments: Concur w/local board. Informal staff comments: Request to consider safe access for pedestrians and vehicles. Requested Action Planning Board review and approval for removal of existing structures and construction of a three floor mixed office space/residential building. Resolutions 1. SEQR resolution 2. PB decision Proiect Description (Revised) Applicant proposes removal of existing structures and to construct a new building with a footprint of 8,663 sq ft and floor area of 25,989 sq ft. First floor office with a second and third floor containing 24 apartment total. Site work to include parking/drive area, lighting, landscaping and stormwater. Site plan for new uses and multi -story building in the Main Street zone. Revised building elevations and traffic information. Pursuant to chapter 179-3-040, site plan for a new commercial use in a main street zone shall be subject to Planning Board review and approval. Staff Comments • Location -The project is located on two parcels 78 and 80 Main Street. The lot size for 78 Main Street is 0.31 ac and for 80 Main Street is 0.45 ac. The project is located in the Main Street Zoning District that includes additional review criteria for the building details. • Arrangement- The applicant proposes to remove the existing buildings on the property to construct a multi use building with office on the bottom floor and the two upper floors to be apartments. • Site Design- The plans includes an entrance area on the west side of the property with parking and loading to the area to the rear. • Building — The building is to be 8,663 sq ft footprint with a floor area of about 25,989 sq ft. • Traffic- The applicant proposes 38 parking spaces for office use and apartment use (noting these are one and two bedroom units). Main Street allows for shared parking 179-7-070 in conjunction of 179-4-090. The required parking would be 58 spaces with the sharing factor 49.2 or 50 spaces would be required using 0.6 for office/residential. Further Main Street allows for 50% reduction in parking requirements or waive all or portions if the applicant can demonstrate how parking demands may be mitigated , based on trip generations. (Note if bottom floor was retail -33 spaces required — still less than apt (Calc 33 *. 6= 20spaces) 20 spaces+36 spaces =56 spaces then 50% Of 56 spaces is 28 spaces applicant still provides 38 spaces) o Traffic report — indicates building in 2024 of the site. The report suggests consideration of landscaping to be minimized to ensure site distance is available for traffic movements. The report indicates the apartment complex will have minor impacts. 0 • Grading and drainage plan, Sediment and erosion control- The applicant has indicated that 0.76 ac or the entire site is to be disturbed. Subsurface infiltration devices and catch basins are to be installed in the parking area. The project has been referred to the Town Designated Engineer for review and comment. The applicant will need to complete test pit information in location of the infiltration devices prior to final plans submission -include as part of resolution— per review of the engineering letter. • Landscape plan -The planting plan includes front of the building plantings then there are planting plans in the island for the rear parking area. The applicant has included a planting area for the rear property line that abuts neighboring properties. The applicant has also addressed the required percentage of landscaping where 10% would be required and the applicant proposes 12% of interior landscaping. • Site lighting plan -The lighting plan needs to be clarified. The bollard fixtures in the parking area at 42 inches in height provide foot candle light at 10, 5, 2, and 1.5 for a small area around the fixture itself. There doesn't appear to be any fixture in the courtyard or on the sides or back of the building. The plans show the front elevation to have 6 light sign fixtures to be installed on the building. Also included are fixtures under the canopy — not clear as there is no fixture noted in the plan set. In addition prior to work being started coordination with review of the light fixtures and sidewalk work with the Town (Building and Grounds Department) will be necessary. (include in resolution) • Utility details -Utility connections area shown on Sheet 3.10. They includes connection to municipal sewer and water. Electric utility to be coordinated with utility provider. Utilities for stormwater management are also provided and to be reviewed under stormwater. • Signage-The applicant has shown an area at the front of the building for signage that could be installed and to include down cast light fixtures. The sign areas should be defined by size. The sign materials are to be noted on the plans -All signs shall be made of durable materials, Wood, metal, stone, brick or similar traditional sign materials are recommended, Resin or composite materials that give the appearance of traditional materials may also be used. • Elevations -The elevations are shown noting the overall height and height between floors. The plans also note the color scheme blue spruce, windows to be aluminum panels dark bronze, Glass transparency 32% is noted however it should specify if it is the pedestrian level glass or the whole facade • Floor plans -The applicant has indicated the main floor has the ability to accommodate up to four tenants and the next two levels would accommodate the apartments. Noting the laundry appears to be only available on the first floor and only one elevator is proposed. • Waivers -There are Main Street waivers to consider as noted in summary • The applicant has provided information on site lighting, signage, stormwater, topography, landscaping; parking, floor plans, construction details, soils information. • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Main Street Code Sections 179-3-040 Main Street 1. Side yard setback — zero -foot side yard setbacks are preferred - The Planning Board may waive this requirement wherever this provisions would restrict rear yard access the applicant has placed the building so there is a 5 ft side setback on the east side adjacent to other buildings and 22 ft from the west property line. A waiver would be reasonable to grant one for access on the west side and second for the type of building to be constructed apartments on the second and third floor on the east side. 2. Rear Yard setback needs to be on drawing 179-7-030 specific design standards 1. The board may have further discussion for stipulating more than one tenant on the lower level to encourage pedestrian activity 179-7-020 design standards 1. Mechanicals appear to be located on the roof to be hidden by parapet — the board may request a roof plan to confirm roof mechanicals are hidden — Floor plan of the roof 179-7-070 Design standards 1. Applicant to confirm --Up to 50% of the front facade may include recesses at least 18 inches deep and three feet wide, but no more than 10 feet deep. Needs to be clarified. 2. Drawings should show Future interconnect to adjoining properties — with associated notes in regards to future interconnect to be on site plan drawing per condition. Needs to be addressed. 3. Parking see notes above on Traffic — additional information to be provided. Updated information provided for traffic report. The parking information needs to be clarified as only "office" has been defined for parking at this time any additional use including retail may need additional site plan review. 4. Buffer -adjacent uses have not been identified but appear to be residential. Updated information includes the rear property line area to have additional vegetation and a fence of 6 ft in height for about 99 feet. The uses that are adjacent to the property will need to be identified ie residential, the width of the vegation needs to be noted and clarification for the section marked 19.8 ft is also to have a stockade fence. Also, the fence on the side property lines are noted as 6 ft in height will need to note the length. 5. Lighting — lighting has been updated however additional clarification necessary for light fixture under the canopy, court yard and any other building lighting. Note the street decorative light fixture needs to remain any work done with the sidewalks and lighting need to be coordinated with the Town of Queensbury Building and Grounds prior to work starting. 6. Floor height —proposed is 12 ft for the first floor, 11 ft for the second floor and 9 ft 1 inch for the third floor. 7. Building transparency and interior lighting is important at the street level; consequently, ground floor levels facing major or internal access roads shall have a minimum of 60% of transparent glass surface that is oriented vertically, beginning within 24 inches from above the sidewalk. Where full shopfront area is expressed architecturally utilizing framing and infill panels of wood or other approved shopfront materials, a minimum clear glass area of at least 40% is required, starting within 36 inches from above the sidewalk. Dark or reflective tinted glass is prohibited along Main Street frontage. The board should have further discussion about the transparency at pedestrian level Summary The board should consider review of the following items. • The board will need to consider the request for waivers -Waiver for side setbacks not at zero feet, buffer between residential and office use. A roof floor plan is necessary to confirm the mechanical units are hidden - should include location of mechanicals and roof elements The board should request additional information for the following — o Site lighting — information was provided for the parking area lighting but additional information is needed for courtyard lighting and building lighting ie the canopy fixture ie roof eaves etc. Also to be noted there will be a need for coordination with Building and Grounds for sidewalk and decorative light fixture near the front of the building. o Fence length — information has been updated for the rear fence however additional information for each section should be shown on the plan -need length and clarification o Additional parking calculations for retail use as office use is the only identified use any future use may require additional review o Building design front faced recess depth value, - needs to be addressed o Traffic assessment — traffic report provide o Interconnect with adjoining properties —will need to be addressed or shown on plans o Windows at pedestrian level may need additional transparency glass,- transparent glass needs to be addressed The board should have further discussion about the transparency at pedestrian level. Front street elevation indicates the lower halve to be aluminum panels — the access doors indicate black glass. The Main Street view is important to have clear glass guidance is at 60% - applicant has indicated 32% but it is not clear that is pedestrian level or the entire front facade — Clarification is needed. o Documentation for merged parcels. o Use of parking spaces in winter months for snow storage. o Test pit information to be provided for location of the infiltration devices prior to final plans submission -include as part of resolution— per review of the engineering letter. The applicant has completed a site plan application for the construction of 3 story structure with office use for the main floor and 24 apartments for the two floors. Meeting History: 5/26/2021 Town of Queensbury Community Development Office Qwi 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board SEQR RESOLUTION — Grant Positive or Negative Declaration SITE PLAN 27-2022 FOOTHILLS BUILDERS/FHB APTS Tax Map ID: 309.10-1-24, 309.10-1-25 / Property Address: 78-80 Main Street / Zoning: NC The applicant proposes removal of existing structures and to construct a new building with a footprint of 8,663 sq ft and floor area of 25,989 sq ft. First floor office/retail with a second and third floor containing 24 apartment total. Site work to include parking/drive area, lighting, landscaping and stormwater. Site plan for new uses and multi -story building in the Main Street zone. Pursuant to chapter 179-3-040, site plan for a new commercial use in a main street zone 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 Short 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 POSITIVE DECLARATION OR NEGATIVE DECLARATION FOR SITE PLAN 31-2022 KASSELMAN SOLAR/LOREEN HARVEY. Introduced by who moved for its adoption. As per the resolution prepared by staff. 1. Part II of the Short EAF has been reviewed and completed by the Planning Board. 2. Part III of the Short EAF has been reviewed and completed by the Planning Board. Or Part III of the Short EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. Duly adopted this 161h day of August 2022 by the following vote: AYES NOES Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 35-2022 @ 2930 State Route 9L Morgan Gazetos/Greg Francis No public hearing Draft resolution- Planning Board Recommendation to the Zoning Board of Appeals Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION — Grant / Deny Site Plan Approval SITE PLAN 27-2022 FOOTHILLS BUILDERS/ FHB APARTMENTS Tax Map ID: 309.10-1-24, 309.10-1-25 / Property Address: 78-80 Main Street / Zoning: NC The applicant has submitted an application the Planning Board: Applicant proposes removal of existing structures and to construct a new building with a footprint of 8,663 sq ft and floor area of 25,989 sq ft. First floor office/retail with a second and third floor containing 24 apartment total. Site work to include parking/drive area, lighting, landscaping and stormwater. Site plan for new uses and multi -story building in the Main Street zone. Pursuant to chapter 179-3-040, site plan for a new commercial use in a main street zone shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; 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 has reviewed the potential environmental impacts of the project, pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration — Determination of Non -Significance; The Planning Board opened a public hearing on the Site plan application on 5/26/2022 and continued the public hearing to 5/26/2022 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 5/26/2022; 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 / DISAPPROVE SITE PLAN 27-2022 FOOTHILLS BUILDERS/FHB APARTMENTS; Introduced by who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted/denied; 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. Page 1 of 2 Phone: 518.761.8220 I Fax: 518.745.44371742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net 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 Motion seconded by . Duly adopted this 161h day of August 2022 by the following vote: AYES: NOES: Page 2 of 2 Phone: 518.761.8220 I Fax: 53.8.745.4437 1742 Bay Road, Queensbury, NY 3.2804 1 www.queensbury.net Town of Queensbury Planning Board ao- Community Development Department Staff Notes August 16, 2022 Site Plan 35-2022 MORGAN GAZETOS/GREG FRANCIS 2930 State Route 9L / Waterfront Residential / Ward 1 SEQR Type II Material Review: application, survey, deck drawings, pictures, updated survey Parcel History: SP 72-2014, AV 85-2014, AV 25-2022 Warren Co Referral Sent: June 2022 / Comments: Concur w/local board. Requested Action Recommendation to the Zoning Board of Appeals Resolutions 1. Recommendation Project Description (Revised) 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 1,306 sq ft to remain the same. The existing decking area today is 1,508 sq ft. where a previous approval was for 1,116 sq ft. The site work with the additional wooden walkway has an existing square footage of 2,384 where the proposed is 2,074 sq ft. Updated plans show overlay of existing and previously approved. 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. Variance: Relief is sought for setbacks. Planning Board shall make a recommendation to the Zoning Board of Appeals. Staff Comments • Location -The project is located at 2930 State Route 9L on a 0.93 acre parcel • Arrangement- The existing home per survey is 1,306 sq ft footprint with a deck area of 1,508 sq ft. The applicant is attempting to correct errors made during the 2014 proposed deck addition to now. • REVISED for August .... Site Design- The applicant has proposed to remove 310 sq of deck area which primary is the walking path (198 sq ft) deck to the adjoining boathouse, then deck on the boathouse to be removed (64 sq ft), and the shoreline deck at the dock reduced (48 sq ft). The applicant has had the surveyor overlay the approved decking on the existing deck where the primary issues are for the work at the shoreline. The applicant proposes to maintain the 46 sq ft shed in the current configuration, remove the shoreline deck pathway and replace with mulch, stone landscape areas with native plantings. Also to be removed is a portion of the lower deck to dock area, and a portion of the boathouse deck area. • Building — The house will remain the same as no work has been proposed on the house. The existing shed at the shoreline has been converted to a changing room for the applicant's elderly parents so to minimize the walking to and from the house. The shed is now located closer to the deck area. • Grading and drainage plan, Sediment and erosion control -The applicant proposes no changes to the existing conditions on the site in regards to grading, drainage. The applicant will install erosion control as necessary when removing the deck path area. Revised for August Landscape plan- The project site is located on Lake George and is subject to the shoreline buffer review. The applicant has indicated the shoreline deck path is to be removed and replaced with mulch (permeable walkway) and to install rock rimmed landscape areas with native plantings to be planted. All existing shoreline vegetation is to remain no other disturbance is proposed. Below are the guidelines from the shoreline buffer code section o Shoreline Buffer - Section 179-8-040 -Minimum width 35 ft (Lake George) -For every 700 sgft of shoreline buffer area -one large tree minimum 3 inches in diameter -For every 350 sq ft of ground cover -7 - 24 in native shrubs; 14 herbaceous plants Project site -195 ft of shoreline per survey -Shoreline buffer 195 ft X 35 ft width is 6825 sq ft -Shoreline buffer area -6825 /700 = 9.75 round up to 10 -ten large trees at 3 inch diameter -Ground cover-6825/350 = 19.5 round up to 20 (X7) =140 native shrubs and 20 (X14) herbaceous plants=280 o Shoreline Cutting restrictions- Section 179-6-050 - Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75 ft whichever is less - 195 ft Shoreline X 30%= 58.5 feet of the shoreline buffer cut to allow a view, access and to reduce runoff (such as angled across the lot). - Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable within the 30%/75 ft cut area. • Site lighting plan -There is no lighting proposed or changes to the lighting on the site. • Site details -The applicant has indicate some of the additional decking was to assist with elderly parents and since the dock is complete some of the decking can be removed. • Utility details -There are no changes to the septic or water source for this site. • Elevations -The applicant has provided photo narrative of before 2014 of deck area and shed. In addition there are photos for the deck area and the shed after 2014. This shows the shed and shoreline decking were altered after the original approvals. • Floor plans- • Upper Deck and Lower Deck - the deck plans for the as -built survey shows the existing conditions as of 2022 of 901 sq ft. The 2014 approval the upper and lower indicates 828 sq ft was approved (includes stair areas). o Shoreline Deck -The shoreline wood deck area on the as built survey indicates the size is 409 sq ft where the 2014 shoreline deck was to be 288 sq ft • Waivers -Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. signage, j. stormwater, k. topography, 1. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal. • The waivers requested -Staff finds it reasonable to request a waiver as these items are typically associated with commercial projects. • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Nature of Variance 1. Upper Deck — The as -built for the upper deck addition indicates is 24 ft from the shoreline where the 2014 approval was for 24.4 ft from the shoreline. Relief needed 25.6 ft for shoreline. Relief is also required for the side setback where 14.3 ft furthest extent, is proposed and 25 ft is required. The deck addition at the house 11.2 ft to the side setback where 25 ft is required. 2. Lower Deck -The as -built survey shows the Deck addition to the house the closest point is 22 ft where the 2014 approval was for this portion of the deck to be 22 ft (built as approved) 3. Shoreline Deck — The as built indicates 0 ft from the shoreline for the landing connection to the dock and 6 ft from the shoreline dock to the shoreline. The 2014 approval was for the shoreline deck to be 12 ft from the shoreline. Relief needed for the landing of 50 ft and the shoreline dock of 46 ft 4. Shoreline Shed — As built indicates the shed of 46 sq ft is 2 ft from the property line. The 2014 approval indicates an unlabeled square near the shoreline. Relief need for 48 ft. 5. Wooden walkway path from shoreline deck to covered boathouse; length 198 ft and 5 ft to the shoreline where 50 ft is required. Relief need of 45 ft. Note the 2014 approval does not identify a wooden walkway. Not subject to variance but additional hard surfacing review under site plan —permeability is greater than 75% even with the deck additions - 6. Upper and lower deck size 73 sq ft of additional decking — approved was 828 sq ft existing is 901 sq ft 7. Shoreline deck size 121 sq ft of additional decking- approved was 288 sq ft and existing is 409 sq 8. The decking is 392 sq ft in excess of what is approved- specific to the deck elements at the house and shoreline. 9. Total existing for decking and includes boathouse deck areas and wooden walk existing 2384 sf and proposed 2074 sf. The applicant has proposed to removed 310 sq ft of deck area; this includes 64 sq ft of boathouse rear deck, 48 sq ft of the shoreline deck at the dock, and 198 sq ft of the wooden path. (noting the boathouse decking and the wooden walking path were not in the 2014 calcs). 10. The proposed 310 sq ft removal from the existing unapproved 392 sq ft leaves 82 sq ft over built Summary The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for as built conditions of the Upper Deck location, Lower Deck location, Shoreline deck location, Shoreline shed location. The applicant has indicated the wooden path and some other decking components are also to be removed. Meeting History: PB: 6/21/2022; ZBA: 6/22/2022 MW Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to Zoning Board of Appeals Area Variance 25-2022 MORGAN GAZETOS/GREG FRANCIS Tax Map ID: 239.20-1-19/ Property Address: 2930 State Route 9L / Zoning: WR The applicant has submitted an application for the following: (Revised) 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 existing decking area today is 1,508 sq ft. where a previous approval was for 1,116 sq ft. The site work with the additional wooden walkway has an existing square footage of 2,384 where the proposed is 2,074 sq ft. Updated plans show overlay of existing and previously approved. 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. Variance: Relief is sought for setbacks. Planning Board shall make a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE Introduced by who moved for its adoption, and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal. b) The Planning Board, based on a limited review, has identified the following areas of concern: 1) Duly adopted this 161h day of August 2022 by the following vote: AYES NOES: Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 54-2022 @ 1918 Ridge Road James Brown No public hearing Draft resolution- Planning Board Recommendation to the Zoning Board of Appeals Town of Queensbury Planning Board Community Development Department Staff Notes August 16, 2022 Site Plan 54-2022 JAMES BROWN 1918 Ridge Road / Land Conservation / Ward 1 SEAR Type II Material Review: site plan application, survey, floor plan, elevation, stormwater management Parcel History: SP 32-2018, DISC 06-2021, AV 41-2022 Warren Co Referral Sent: August 2022 / Comments: Concur w/local board. Requested Action Recommendation to the Zoning Board of Appeals Resolutions 1. Recommendation Proiect Description Applicant proposes to construct a new single family home with a 1,936 sq ft footprint. The access drive to the new home is from an existing private road ("Shop Road") through an adjoining property to the new home. The remaining driveway area is located on the applicant's property using some portions of previous logging roads. The project includes disturbance of an acre and will require a major stormwater permit. Pursuant to chapter 179- 3-040, 179-4-050, Chapter 147, 179-6-060, site plan for construction of a new home within the LC10 zone in the APA, a new structure within 15% slopes shall be subject to Planning Board review and approval. Variance: Relief is sought for access to a public right-of-way from the property. Planning Board shall make a recommendation to the Zoning Board of Appeals. Staff Comments • Location -The project is located at 1918 Ridge Road and portion of property at 104 Shop Road for access. The 1918 Ridge 15.75 ac and the 104 Shop Road is 66.67 ac. • Arrangement- The existing Shop Road site has an existing house that is to remain. The proposed driveway is in line with the parcel to be used for the proposed new home. • Site Design- The driveway area to be developed is part of an existing logging trail/road. • Building — The proposed home would be have a footprint of 1,336 sq ft with a porch/deck area of 600 sq ft. • Grading and drainage plan, Sediment and erosion control -The project has been referred to the Town Designated engineer for review and comment. The project includes disturbance of about 1 acre. The additional driveway area for the Brown lot through the neighbor lot would be 8,000 sq ft. • Landscape plan -The plans show a clearing plan for the house, septic, well and other associated items for house development. The applicant has indicated the trees and vegetation are to mostly to stay intake • Site lighting plan -The applicant is reminded lighting should be down cast fixtures. • Utility details -The new home will be serviced by a new well and new septic system. • Elevations- The applicant has provided a rendition of the house proposed for the site. • Floor plans- The floor plan provided indicates a one —story home • Waivers -Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. signage, n traffic, o. commercial alterations/ construction details, q. soil logs, r. construction/demolition disposal s. snow removal. Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to Zoning Board of Appeals Area Variance 41-2022 JAMES BROWN Tax Map ID: 253.4-23, 253.4-22 (access road) / Property Address: 1918 Ridge Road/ Zoning: LC- l0A The applicant has submitted an application for the following: Applicant proposes to construct a new single family home with a 1,936 sq ft footprint. The access drive to the new home is from an existing private road ("Shop Road") through an adjoining property to the new home. The remaining driveway area is located on the applicant's property using some portions of previous logging roads. The project includes disturbance of an acre and will require a major stormwater permit. Pursuant to chapter 179-3-040, 179-4-050, Chapter 147, 179-6-060, site plan for construction of a new home within the LC10 zone in the APA, a new structure within 15% slopes shall be subject to Planning Board review and approval. Variance: Relief is sought for access to a public right- of-way from the property. Planning Board shall make a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE Introduced by who moved for its adoption, and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal. b) The Planning Board, based on a limited review, has identified the following areas of concern: 1) Duly adopted this 161h day of August 2022 by the following vote: AYES: NOES: Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 51-2022 @ 42 Old Assembly Point Road Jeffrey Randles No public hearing Draft resolution- Planning Board Recommendation to the Zoning Board of Appeals Town of Queensbury Planning Board Community Development Department Staff Notes August 16, 2022 Site Plan 51-2022 JEFFREY RANDLES 42 Old Assembly Point Road / Waterfront Residential / Ward 1 SEQR Type II Material Review: site plan application, site plans, elevations, floor plans, narrative Parcel History: AV 36-2022 Warren Co Referral Sent: August 2022 / Comments: Concur w/local board. Requested Action Recommendation to the Zoning Board of Appeals Resolutions 1. Recommendation Project Description Applicant proposes alterations to an existing single family home with a second story addition and an attached garage. New floor area to be 6,968 sq ft and the total footprint of the new house to be 3,348 sq ft. The additions include additional basement area. The main floor would alter the north side with a new dining area and a new garage. The south side bedroom areas to be added to the footprint of the structure. The second floor would include additional living space and storage. The project includes stormwater management and shoreline plantings. Pursuant to chapter 179-3-040, 147, site plan review for a new floor area and alterations to the existing home 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. Staff Comments • Location -The project is located at 42 Old Assembly Point Road on a 0.83 ac parcel • Arrangement- The site has an existing home to remain and the additions will be consistent with the home. • Building — The existing home has a footprint of 1,630 sq ft with 450 sq ft of deck/porch area. The new footprint will be 2,680 sq ft with 488 sq ft of deck/porch area and a floor area of 6,968 sq ft. The project includes a garage addition, a second floor addition, screen porch, updated driveway area. • Grading and drainage plan, Sediment and erosion control -The plans indicate there is to be drip edge infiltration areas for the new construction and stone reservoir for the screen porch. There are to be shallow grass depressions on the site as well. The project was referred to the Town Designated Engineer for review and comment. • Landscape plan- The project site is located on Lake George and is subject to the shoreline buffer review. The plans indicate existing plantings and trees to remain as well as plantings to be installed. • Below are the guidelines from the shoreline buffer code section o Shoreline Buffer - Section 179-8-040 -Minimum width 35 ft (Lake George) -For every 700 sgft of shoreline buffer area —one large tree minimum 3 inches in diameter -For every 350 sq ft of ground cover -7 — 24 in native shrubs; 14 herbaceous plants Project site -68.47 ft of shoreline per survey -Shoreline buffer 195 ft X 35 ft width is 2937 sq ft -Shoreline buffer area -2397 /700 = 3.4 round up to 4 —four large trees at 3 inch diameter i j•� !Site' •, , � Utih� • Elev, :i I''�'•� � Floor • Wai) i signs tj ;I I Nature. i Applidai is to be if !iitlie sYn Summai ThedF}ar Meeting ;;LJ 11V1 V1111V VIALLlll� 1VJL11V L1VLIJ- IJVVL1V11 1 / /V V✓V Shoreline lots are; allowed water access and beaches where 30% of the shoreline or maximum of 75 '"fit whichever is less ,'68:4:7 ft Shoreline X:30%o= 20.5 feet of the shoreline buffer cut to allow a view, access and to reduce I runoff (such as angled across the lot). ! Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable within the, 30%/75 ft cut area. ghtmg plan -A reminder lighting should be down cast fxitures. y details=The applicant proposes to use the 2016 system and has provided an engineering certification tions- he elevations show the additions to the home with the height where the maximum height is at ;plans -The project plans show the existing basement and new basement area. Then the first floor with reen,porch, alterations interior and the garage addition. Then the second floor with a bedroom areas. ers=Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. ge; I n traffic, o. commercial alterations/ construction details, q. soil logs, r. construction/demolition,JI sal's: snow removal:: he waivers , requested=Staff finds it reasonable to request a waiver as these items are typically sociated with commercial projects. The applicant has provided information for: j. stormwater, k. pography,1. landscapinOr g, p floor plans zrsuantAo Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the. ritten request of an applicant. The Board is to review the waivers and to determine if they are to be anted. f Variance t proposes a garage -addition, second story and alterations to the existing home. The side yard setback Ift iwhere 20 ft, is required. The stormwater infiltration device setback is proposed to be 88 ft for one ; for;,another where 1I00.ft is required. The building setback is proposed to be 51 ft where 56.71 ft from Zg is required due to the average building setback of the adjoining homes. i� Board is to provide a recommendation to the ZBA in regards to the relief requested for setbacks. Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to Zoning Board of Appeals Area Variance 36-2022 JEFFREY RANDLES Tax Map ID: 239.12-2-11/ Property Address: 42 Old Assembly Point Road/ Zoning: WR The applicant has submitted an application for the following: Applicant proposes alterations to an existing single family home with a second story addition and an attached garage. New floor area to be 6,968 sq ft and the total footprint of the new house to be 3,348 sq ft. The additions include additional basement area. The main floor would alter the north side with a new dining area and a new garage. The south side bedroom areas to be added to the footprint of the structure. The second floor would include additional living space and storage. The project includes stormwater management and shoreline plantings. Pursuant to chapter 179-3-040, 147, site plan review for a new floor area and alterations to the existing home 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 Introduced by who moved for its adoption, and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal. b) The Planning Board, based on a limited review, has identified the following areas of concern: 1) Duly adopted this 161h day of August 2022 by the following vote: AYES NOES: Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 58-2022 @ 40 Dark Bay Lane Dark Bay Lane, LLC. No public hearing Draft resolution- Planning Board Recommendation to the Zoning Board of Appeals Town of Queensbury Planning Board Ow Community Development Department Staff Notes August 16, 2022 Site Plan 58-2022 DARK BAY LANE, LLC. 40 Dark Bay Lane / Waterfront Residential / Ward 1 SEQR Type II Material Review: application, site plans, floor plans, elevations, stormwater Parcel History: AV 43-2022 Warren Co Referral Sent: August 2022 / Comments: Concur w/local board. Requested Action Recommendation to the Zoning Board of Appeals Resolutions 1. Recommendation Proiect Description Applicant proposes to demolish an existing 2,000 sq ft home to construct a new home with a footprint of 2,658 sq ft. The new floor area is to be 4,378 sq ft. The project includes a new septic system, update to parking and shared access arrangement, shoreline planting areas, and stormwater management. Pursuant to chapters 179-3- 040, 179-6-050, 179-4-010, 179-6-065, new floor area in a CEA and hard surfacing within 50 ft of shoreline shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks and floor area. Planning Board shall provide a recommendation to the Zoning Board of Appeals. Staff Comments • Location -The project is located at 40 Dark Bay Lane off of State Route 9L. The parcel is 0.44 acres on Lake George. • Arrangement- The applicant had a similar project with additions to an existing home and at this time the project is to demolish the existing home and construct a new home in a similar configuration and location that includes the previous improvements. • Site Design- The project includes the construction of a new home of 2295 sq foot print with 363 sq ft foor print porch/deck areas. The improvements include the driveway area to be altered to meet the garage with retaining walls to be constructed. The driveway area includes permeable pavers. • Building — There home to be constructed is to be in a similar location as the current home. The existing floor area of 2,650 sq ft and the new floor area to be 4,378 sq ft. The height is to be 27.92 ft • Site conditions -The applicant proposes to the hard surfacing and driveway area of 1,498 sq ft hard surface area with a permeable paver. • Grading and drainage plan, Sediment and erosion control -The applicant has indicated the project is a minor stormwater project. The project includes rain garden, shallow grassed depression and permeable pavers to assist with stormwater management. The materials have been provided to the Town Designated engineering for review and comment. • Landscape plan- Landscape plan -The plans indicate there is vegetation to remain and improvements to the patios near the shoreline would be permeable paver type patio area. Below are the guidelines from the shoreline buffer code section o Shoreline Buffer - Section 179-8-040 -Minimum width 35 ft (Lake George) -For every 700 sgft of shoreline buffer area —one large tree minimum 3 inches in diameter -For every 350 sq ft of ground cover -7 - 24 in native shrubs; 14 herbaceous plants Project site -105 ft of shoreline per site drawing existing conditions -Shoreline buffer 105 ft X 35 ft width is 3,675 sq ft -Shoreline buffer area-3675/700 = 5.25 round up to 6 -six large trees at 3 inch diameter -Ground cover-3675/350 = 10.5 round up to 11 (X7) =77 native shrubs and 11 (X14) herbaceous plants=154 o Shoreline Cutting restrictions- Section 179-6-050 - Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75 ft whichever is less - 105 ft Shoreline X 30%= 31.5 feet of the shoreline buffer cut to allow a view, access and to reduce runoff (such as angled across the lot). - Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable within the 30%/75 ft cut area. • Site lighting plan —Three lamp poles are proposed with a notation these lights and building lights will be downward facing and dark sky compliant. • Utility details -a new septic system is proposed to be installed. The plans show a new well location to be drilled. Plans should probably show the 100 ft separation to ensure there is no other wells or septic systems located to the proposed. • Elevations -The plans submitted show the elevations of the existing conditions and the proposed conditions of a new garage, new fagade features, raised roof areas and other site improvements. • Floor plans -The plans submitted show the existing and proposed floor plans. • Waivers -Planning staff has reviewed the applicants request for waivers that include items, h. signage, n traffic, r. construction/demolition disposal s. snow removal. • The waivers requested -Staff finds it reasonable to request a waiver as these items are typically associated with commercial projects. The applicant provided information on the following items -g. site lighting, j. stormwater, k. topography, 1. landscaping, o. commercial alterations/ construction details, p floor plans q. soil logs. Additional information may be requested for the landscaping and lighting. • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Nature of Variance The new deck is to be located 22.8 ft from the shoreline and the proposed main house is to be 31.3 ft setback where a 75 ft setback is required. North office/study side is to be 19.4 ft to the side and South main house side proposed 16.5 ft setback where a 20 ft setback is required. Floor area is proposed to be 4,378 sq ft or 22.75% where the maximum allowed is 4,233 sq ft or 22%. Permeability - no variance is required but should be noted the existing is 57.5% and the proposed is 60.1 % where a 75% is required - the project improves site permeability and not subject to a variance. Summary The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for setbacks and floor area. Meeting History: 1st Meeting aTown of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 _m_.- li Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to Zoning Board of Appeals Area Variance 43-2022 DARK BAY LANE, LLC. Tax Map ID: 239.18-1-37 / Property Address: 40 Dark Bay Lane / Zoning: WR The applicant has submitted an application for the following: Applicant proposes to demolish an existing 2,000 sq ft home to construct a new home with a footprint of 2,658 sq ft. The new floor area is to be 4,378 sq ft. The project includes a new septic system, update to parking and shared access arrangement, shoreline planting areas, and stormwater management. Pursuant to chapters 179-3-040, 179-6-050, 179-4-010, 179-6-065, new floor area in a CEA and hard surfacing within 50 ft of shoreline shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks and floor area. 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 Introduced by who moved for its adoption, and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal. W b) The Planning Board, based on a limited review, has identified the following areas of concern: 1) Duly adopted this 16th day of August 2022 by the following vote: AYES: NOES: Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 49-2022 & Special Use Permit 3-2022 59 West Mountain Road Tim Scialabba/West Mtn Ski Area Public hearing scheduled SEAR II Draft resolution- grant/deny site plan approval , Town of Queensbury Planning Board Community Development Department Staff Notes August 16, 2022 Site Plan 49-2022 & TIM SCIALABBA/WEST MTN SKI AREA 'SpeciAl Use,Perrnit 3-2022 59 West Mountain Road / Residential Commercial / Ward 4 SEQR Type II Material Review ; Application, Short EAF, deed, site plan layout Parcel History: .SP 16-2018, SP 53-2019 Warren Co; Referral Sent: August 2022 / Comments: Concur w/local board. Informal staff comments 4 Proposed discussion w/applicant regarding parking, music volume, and emergency care. `Regu'ested'Action Planning �oard reviewiand.approval for utilization of a portion of current parcel to host outdoor events. Resolutions decision i Protect Description Applicant proposes to utilize a portion of the existing 365 acre parcel to host outdoor events. The events include, but; aren:'t limited to, community and family events for mountain biking, outdoor concerts/festivals, endurance races, an other outdoor recreational activities. The intent is to host 10 single day events and 8 multi- ' dy'events outside the normal operating season for a renewable 5 year period. Additionally, local, DOH, and NYS14.pprdvals/services will'be obtained as needed for each event, hours of music will be limited to be during 8 i to' 1 il m only, and all tents and/ stages will be temporary per event arrangement. Pursuant to Chapter 179- 1,3 0�41{ V79-70-040, site plan and special use permit for outdoor concerts shall be subject to Planning Board I re�lew and; approval. StafflComments' • I 'Location The project occurs at 59 West Mountain Road in an area and including the base lodge of West Mountain Winter Sports' Facility. •' (A ran�gement- The information submitted shows the location of a temporary stage of 480 sq. ft., vendor areas,l tent, parking area. • ' Site Design- The applicant proposes to utilize the West Mountain during the off season for outdoor concert l l 'events ..The applicant is `requesting a special use permit to operate for 5 years; this would include 10 single { li ,day events and 8 multiday_ events per year —outside normal operating season (November to April). The us;of!the events would include community and family events such as mountain biking, outdoor I;till�I I I cp eeAs/festivals, endurance races and other outdoor recreational activities. i : IBunlding The base -lodge 16,000 +/-sq ft would be available dependent on needs of the event it Sx� j in The; existing site is a winter sports facility where the site during the summer has areas near the base ,that are suitable ;for venues such as concerts or craft fairs, etc. Tr`affxc ;The applicant has indicated the main site can accommodate 750 vehicles a second parking site is I! i Ivailable on the Northwest side. Will I • Site plan overall -The operations of off season events will be handled by West Mountain Staff for things such as property clean up, security; during larger events portable restrooms and hand washing stations will be brought in. Some events will utilize an existing large fire pit and no other fires will be permitted on the property. West Mtn. will maintain the previous curfew where no outdoor music, outdoor concert event will occur outside of 8am to 1 1pm • Grading and drainage plan, Sediment and erosion control -no changes to the site are proposed. • Landscape plan —no changes to the site are proposed • Site lighting plan- lighting should also be addressed are additional generator lights being brought in and removed at the end of the event. There are no changes to the existing lighting • Utility details -there are no changes to the existing utilities • Signage-no changes to the site are proposed • Elevations, Floor plans- The plans include use of the existing base lodge as needed, an outdoor stage also as needed. • Waivers -Planning staff has reviewed the applicants request for waivers that include items h. signage, j. stormwater, k. topography, 1. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal. o The waivers requested —Staff finds it reasonable to request a waiver for these items as the project site will remain as a winter sports facility with no changes to the site. o Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Criteria for a Special Use Permit listed below: Harmony with Comprehensive Plan -The Comprehensive Plan does not specifically discuss outdoor music festivals in this zone. The property is identified as a ski facility in Appendix A Inventory and Analysis map Cultural and Recreation Resources of the Comprehensive Plan. The proposed off-season use of the West Mountain facility as a venue for concert, craft/art show may be considered consistent with the Comprehensive Plan concept as a tourism recreational activity and or part of the Town's economic development vitality. Compatibility -Utilizing the site on a year round basis can be compatible with the neighborhood by ensuring the off season venues are held to a minimum number of events and does not overshadow the primary function of the facility as a traditional snow sports area. Site activities relation to traffic including access, circulation and parking -The site has an existing parking area that will be utilized for customer parking, vendor parking, staff promotion parking, and west mountain staff parking. The applicant has indicated there are 500 plus parking spaces available within the area denoted as parking on the site plan drawing. Infrastructure and services on site that are to be used for the project -The application materials indicate they are handling services for the site with the following: Sanitation units (bathrooms) portable units will be used on site all maintained through contract as needed. The onsite bathrooms will also be used. 2. Outdoor lighting -parking area entry and the venue entry; exterior building lights, and indoor tent lighting. Any tent requirements will be coordinated with the Town Fire Marshal and permits obtained as needed. Hours of Music if applicable is proposed to be from Sam to 1 1pm outside; inside music will play from 11 am to 4pm 4. DOH and NYS Liquor license Agency will also be notified and appropriate permit will be completed by West Mountain. Firework paperwork and associated permits will be completed by West Mountain and submitted to the Fire Marshal. 5. Food service to use West Mountain kitchen facility. 6. West Mtn. will utilize existing refuse containers on site but will need to be responsible for their usage as well to determine if more will be needed for all events. Current and proposed site conditions as they relate to the Environment and natural features of the property The site is an existing snow sports facility with multiple trails on the property and associated equipment with traditional winter sports —skiing, snowboarding, and snow tubing. The existing buildings and parking area will not be altered in anyway. The site will be used as is with the addition of non -permanent placement of a stage, vendor booths, sanitation units, tents for beer, performance and food. All anticipated Ion, --term effects associated with the project. -The purpose of holding off-season single day and multiple day events will assist with the financial stability of the primary function as a snow sports facility. The off-season events will also aid in promoting the area, increase additional traveler/visitors to the area, provide additional recreational opportunities to the existing residence of the area. Overall it will encourage additional spending in the area. Summary The applicant has completed a site plan and special use permit for seasonal outdoor concerts and events to be held at the West Mountain Facility. The applicant is requesting a renewable 5 year special use permit to operate outdoor concert events and associated events in the offseason. Meeting History: 1" Meeting Town of Queensbury Community Development Office r 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION — Grant / Deny Site Plan Approval SITE PLAN 49-2022 & SPECIAL USE PERMIT 3-2022 TIM SCIALABBA/WEST MTN SKI AREA Tax Map ID: 307.4-29 / Property Address: 59 West Mountain Road / Zoning: RC The applicant has submitted an application to the Planning Board: Applicant proposes to utilize a portion of the existing 365 acre parcel to host outdoor events. The events include, but aren't limited to, community and family events for mountain biking, outdoor concerts/festivals, endurance races, and other outdoor recreational activities. The intent is to host 10 single day events and 8 multi -day events outside the normal operating season for a renewable 5 year period. Additionally, local, DOH, and NYS approvals/services will be obtained as needed for each event, hours of music will be limited to be during 8 am to 11 pm only, and all tents and/or stages will be temporary per event arrangement. Pursuant to Chapter 179-3-040, 179-10-040, site plan and special use permit for outdoor concerts shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 8/16/2022 and continued the public hearing to 8/16/2022 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 8/16/2022; 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 / DISAPPROVE SITE PLAN 49-2022 & SPECIAL USE PERMIT 3-2022 TIM SCIALABBA/WEST MTN SKI AREA; Introduced by who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted/denied: 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) If application was referred to engineering, then engineering sign -off required prior to signature of Zoning Administrator of the approved plans; Page 1 of 2 Phone: 518.761.82201 Fax: 53.8.745.4437 1742 Bay Road, Queensbury, NY 128041 www.queensbury.net b) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements, c) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; d) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; e) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; f) As -built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; g) Resolution to be placed on final plans in its entirety and legible. Duly adopted this 16t" day of August 2022 by the following vote: AYES: NOES: Page 2 of 2 Phone: 518.761.82201 Fax: 53.8.745.44371742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 55-2022 &Special Use Permit 4-2022 @ West Side Queensbury Ave/South of Airport Southern Gateway Renewables Public hearing scheduled SEAR II Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board Community Development Department Staff Notes ' August 16, 2022 Site Plan 55-2022 & SOUTHERN GATEWAY RENEWABLES Special Use Permit 4-2022 West Side Qsby Ave, South of airport / Commercial Light Industrial / Ward 2 SEQR Unlisted Material Review: site plan application, special use permit, decommissioning plan, site plans, stormwater, lease arrangement, narrative Parcel History: none known Warren Co Referral Sent: August 2022 / Comments: Approve. Informal staff comments: Applicant must meet requirements and maintenance agreements for wetlands, stormwater management and placement of solar panels. Requested Action Planning Board review and approval for use of a portion of a parcel for a 5.OMW solar farm. Resolutions 1. SEQR 2. PB decision Project Description Applicant proposes to utilize 27+ acres of an 80 acre parcel for a 5.OMW solar farm of 8.25 acres of land at the Warren County Airport. Project work includes fencing, stormwater management, and equipment areas. The hard surfacing total with existing and proposed is 1.07 acres with equipment pads. Panel height is 16.5 to 19.5 ft. Pursuant to chapter 179-5-140, 179-10-040, 179-3-040, site plan and special use permit shall be subject to Planning Board review and approval. Staff Comments • Location -The project is located on the property of the Warren County Airport on Queensbury Avenue/County Route 52. There are two parcels as part of this project 25.24 ac and 54.37. The majority of the work and panels are on the larger parcel . • Arrangement- The solar panels grids will run north and south where the project will encompass 27 acres of the 80+ acre area. • Site Design- The solar panels themselves would cover approximately 8.25 ac • Building — no buildings are proposed. The plan shows equipment pad and transformer locations to be designed by others. The applicant should be aware if these become equipment shelters additional review may be necessary • Site conditions -The area is an open meadow with some areas of brush. • Traffic- The site will be accessed from a new curb cut on Queensbury Avenue/County Route 52. • Grading and drainage plan, Sediment and erosion control -The stormwater management will include swales, filter strips, and pond areas. The project includes a SWPPP that has been forwarded to the Town Designated Engineer for review and comment. • Landscape plan -The project includes maintaining vegetation along Queensbury Avenue and installation of a chain link fence around the project site. The plans indicate areas of disturbance will be reseeded as necessary. • Site lighting plan -The lighting for the equipment area will be motion activated and be compliant with the FAA/Airport regulations. • Utility details -The site doesn't require septic or well access • Signage-any signage is to be code compliant and as required for site safety. • Elevations- The applicant has provided an elevation for the panels to be installed. The applicant is requesting to have a panel height of 16.5 feet to 19 .5 feet. The code indicate an applicant can exceed the 12 ft height panel by request of the Planning Board. • Floor plans- There are no buildings and no floor plans • Waivers -Planning staff has reviewed the applicants request for waivers that include items, h. signage, o. commercial alterations/ construction details, p floor plans, s. snow removal. • The waivers requested —Staff finds it reasonable to request a waiver of these items as there are no buildings on the site. The applicant provided the information on the following: g. site lighting j. stormwater k. topography,1. landscaping, n traffic, q. soil logs, r. construction/demolition disposal • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Special Use Permit Criteria: A special use permit is required as outlined in Section 179-10-070. • Harmony with the Comprehensive Plan — The project will be located in the Commercial Light Industrial zone where the Town Code outlines the requirements of Solar Farms in the CLI zone. • Compatibility- The project is located on land of the Warren County Airport that is not in use for the airport There are other industrial designated parcels and will be compatible with the uses in the area. The Town has encouraged solar farms as outline in the Town Code. • Access, circulation and parking — The project has an interior road for maintenance of the facility. • Infrastructure and services- The project will not utilize sewer or water services. The applicant will coordinate with National Grid for service connection requirements. • Environment and natural features —The applicant plans have accounted for the adjacent wetland and will not be within 100 ft for this part of the project to the wetland area. The existing natural vegetative area around the proposed solar farm will be remain. • Long-term effects -Project is to create clean renewable energy. The applicant has indicated existing and potential new business uses and residents will have economic benefits of the solar facility. Specific Special Use Permit Criteria DD. Solar farms. • Solar farms shall require a minimum land area of five acres.- Parcels in total is 80 plus acres. • Solar farms shall be enclosed by perimeter fencing to restrict unauthorized access at a height consistent with the current fence code. (See § 179-5-070.) However, the Planning Board shall have the discretion to vary or eliminate this requirement where the Planning Board has determined that safety and security at the site will be assured by alternate methods.- Project will have a 8 ft high gated entry and fencing around panel areas. Gate to have knox box noted for emergency access • The manufacturer's and installer's identification and appropriate warning signage and emergency contact information shall be posted at the site and clearly visible. Applicant has indicated appropriate warning signage to be installed — Detail will need to be included in plans. • Solar farm buildings and accessory structures shall, to the extent reasonably possible, use materials, colors and textures that will blend the facility into the existing environment. — The applicant has indicated the facility elements to blend into the existing environment. Details will need to be included in plans. • • Appropriate landscaping and/or screening materials may be required to help screen the solar farm and accessory structures from major roads and neighboring residences pursuant to Article 8 of Chapter 179. The applicant has indicate the location of the project will meet the requirements of Article 8. • The average height of the solar panel arrays shall not exceed 12 feet. However, the Planning Board shall have the discretion to permit the solar panel arrays to exceed the height limitation of 12 feet to the extent necessary, as determined by the Planning Board, to achieve the intended purpose of the solar collectors. Such determination shall be made in consideration of the design of the solar collectors and the subject property's natural and proposed characteristics, including, but not limited to, topography, existing and proposed vegetative buffers, and proximity to residential and/or commercial uses. The applicant has indicated the height is to be 16.5 feet to 19.5 feet tall and exceeding 12 ft. Board may have further discussion. The applicant has indicted the height to optimize energy capture. • Solar farm and solar power plant panels and equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties, facilities, and roadways. The applicant has provided a Glare Hazard report. The report indicates there is to be no glare on aviation receptors — it is noted there is no guidance for analysis for airports without an air traffic control tower. • On -site power lines shall, to the maximum extent practicable, be placed underground. The applicant has indicated there are utility connects will be underground • All applications for solar farms shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with the removal of the structure, which shall be reviewed and approved by the Town Board. The decommission plan has been provided and is to be reviewed. Ga%]Q The following requirements shall be met for decommissioning: The decommission plan has identified items a-d. The applicant has identified the desire to have an agreement in place for decommissioning. The Town Board will need to be notified of the request for an agreement. (a) Solar farms and solar power plants which have not been in active and continuous service for a period of one year shall be removed at the owners' or operators' expense within six months of the date of expiration of the one-year period. (b) All aboveground and below -ground equipment, conduits, structures, fencing and foundations shall be removed from the site to a depth of at least three feet below grade. (c) The site shall be restored to as natural a condition as possible within six months of the removal of all equipment, structures and foundations. Such restoration shall include, where appropriate, restoration of the surface grade and soil after removal of all equipment and revegetation of restored soil areas with native seed mixes. (d) The Planning Board shall, as a condition of approval, require the posting of a removal bond of the solar farm's and solar power plant's equipment. In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period specified in Subsection DD(10)(a) above, and/or the restoration is not completed within the time period specified in Subsection DD(10)(c) above, the Town may, at its own expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction. Summary The applicant has completed a site plan application and a special use permit for the development of an 80 acre area for a solar farm. Meeting History: 1St Meeting LaBella Powered by partnership. August 11, 2022 Mr. Craig Brown Zoning Administrator and Code Compliance Officer Town of Queensbury 742 Bay Road Queensbury, New York 12804 Delivered via email only: CraigB@queensbury.net RE: Southern Gateway Renewables, LLC Town of Queensbury, Warren County, New York LaBella Project # 2220706.37 Queensbury Ref # SP55-2022 Dear Mr. Brown: LaBella has received a submission package from your office for the above referenced project. The Applicant is proposing 8.2 acres of ground mounted solar array area. Submitted information includes the following: • Site Plan review application, prepared by Southern Gateway Renewables, dated July 15, 2022 • Project Narrative, prepared by EDP, dated July 14, 2022 • Full Environmental Assessment Form, prepared by EDP, dated June 2, 2022 • Town of Queensbury Freshwater Wetland Permit, prepared by EDP • Site Plans, prepared by Nexamp and EDP, dated July 14, 2022 • Core Project Info Packet, prepared by EDP, dated June 18, 2022 • Stormwater Management Narrative, prepared by EDP, dated July 2022 • SWPPP, prepared by EDP, dated May 2022 Your office has requested that we limit our review to the design of the stormwater system and decommissioning plan as it relates to compliance of local, state, or relevant codes and regulations. Based upon our review, LaBella offers the following comments for the Town's consideration: Stormwater Management and Erosion and Sediment Control Comments 1. According to the site plan application, the proposed project plans to disturb an area of approximately 24.7 acres and thus requires the preparation of a Stormwater Pollution Prevention Plan (SWPPP) in accordance with GP-0-20-001 that includes erosion and sediment controls, as well as post construction stormwater management practices. A SWPPP has been provided. 2. The draft NOI, Full EAF, and stormwater narrative appear to provide differingtotal land disturbance and impervious area information. The Applicant to revise or clarify accordingly. 3. Section 179-6-080 of the Town Code states, "the stormwater drainage plan shall analyze the impacts of the project using at least ... a fifty-year return interval storm for commercial or industrial projects," and, "All stormwater management plans shall be designed so that post -development run-off rates and volumes are equal to or less than pre -development run-off." The Applicant has not provided a 50-year storm post -development model in HydroCAD for review. The applicant to provide in subsequent submissions to support a full review of the town's rate and volume standards. 20 Elm Street Suite 110 Glens Falls, NY 12801 p (518) 812-0513 'l,��\Yl.l4al�E3ll�i3C.C`J1^,'i 9 4. It appears that the 10-year and 100-year design storm rate increases in the post -development condition when compared to the pre -development condition at design point 3. This does not meet the sizing criteria of the General Permit and the Applicant to revise accordingly. 5. The boundaries of the subcatchments within the subcatchment map are difficult to discern as the line types for the subcatchments are too similar to the line types for the site features. The applicant to revise for support a full review of the HydroCAD model. 6. On Sheet C-501, detail 2, the pocket pond elevations are labeled at TBD. However, these inverts and information appear in the HydroCAD model. The Applicant to fill out the table to support a review of the plans and the HydroCAD model. 7. It appears that certain stormwater management practices ponds have a raised outlet, such that not all of the volume leaves the practice. The Applicant to clarify how the practice dewater, such that the full capacity is available for the next storm. 8. It does not appear that the proposed ponds and detention facilities have accounted for groundwater in their storage capacity analysis. For instance, for stormwater management practice SMA1, test pit #7 (elevation 374') appears to be depicted to have been conducted within the bounds of the aforementioned stormwater practice. The results of the test pit depict groundwater was observed at 373.5'. The starting elevation of the HydroCAD model is 372.4. The detail does not depict an impermeable liner, so the practice shall be modeled with a permanent pool based on the groundwater conditions. Similar issues appear to be present in other proposed stormwater practices on the site plan. The Applicant to revise the site plans accordingly. 9. The standards and specifications for winter stabilization of the NYS SSESC requires "A temporary site specific, enhanced erosion and sediment control plan to manage runoff and sediment at the site during construction activities in the winter months to protect off -site water resources. This standard applies to all construction activities involved with ongoing land disturbance and exposure between November 15th to the following April 1st."The Applicant to clarify if construction will occur during the winter months. If so, the Applicant shall provide a separate, temporary site -specific enhanced erosion and sediment control plan if construction activities with ongoing land disturbance and exposure is planned between November 15th to the following April 1st. This erosion and sediment control plan shall conform to all requirements of the winter stabilization specification referenced above. 10. The project phasing plan does not appear to include acres to be disturbed in each phase. The Applicant to revise accordingly to better understand if more than 5 acres will be disturbed at one time. 11. It is assumed that the area surrounding the solar arrays are to be undisturbed vegetation and re- established vegetation, however it does not appear that any detail pertaining to the same is provided. The Applicant to provide more detail regarding area under the solar arrays. 12. The Applicant should show SMA#3 on the associated sheet in plan view. 13. It does not appear that a detail is provided for the racking system such that a review of the underlying ground conditions can be reviewed. The Applicant to revise accordingly. 14. The Applicant to clarify that the AHJ of the subject wetlands has validated the wetland boundaries. 9 15. In general, the pocket ponds do not appear to meet all of the requirements as specified in Section 6.1 of the SMDM and further detail 2 on sheet C-501 does not appear to provide sufficient information to support a full review of Section 6.1. General comments regarding this are offered below: a. The proposed pocket ponds do not appear to have forebays. b. Section 6.1.3 of the SMDM states "The forebay shall be sized to contain 10% of the water quality volume (WQv)..." c. Section 6.1.4 of the SMDM states "The minimum length to width ratio for the pond is 1.5:1 (i.e., length relative to width)." d. Section 6.1.5 of the SMDM states "Incorporate an aquatic bench that generally extends up to 15 feet inward from the normal shoreline, has an irregular configuration, and a maximum depth of 18 inches below the normal pool water surface elevation. The slope proceeding from the aquatic bench to the pond basin floor shall not exceed 2:1 ftv)." It is difficult to discern the aquatic bench on the site plans and details. e. Section 6.1.5 of the SMDM states "A landscaping plan fora stormwater pond and its buffer shall be prepared to indicate how aquatic and terrestrial areas will be vegetatively stabilized and established." and "Aquatic vegetation must be established in the aquatic and safety benches before the Pond is rendered in-service." It is difficult to discern a landscaping plan. f. There does not appear to be a pond drain or adjustable gate valve proposed as required in Section 6.1.6 of the SMDM. g. Section 6.1.6 of the SMDM states "Warning signs must be posted prohibiting swimming, wading, and skating, warning of possible contamination or pollution of pond water, and indicating maximum depth of pond." There do not appear to be warning signs proposed in the area of the pocket pool. h. Section 6.1.7 of the SMDM details the considerations for cold climate conditions. The Applicant to clarify if this section was considered in the design of the pocket pond and associated appurtenances. Decommissioning Plan 16. The Applicant shall provide evidence (MSDS sheet) to support claim that all panel interior materials are non -hazardous. 17. The Town should consider requesting that the Applicant to remove access road and utilities under ownership of National Grid, as it does not seem possible for the Town to compel National Grid to adhere to the decommissioning requirements imposed by the Town on the project applicant. 18. The Applicant shall revise the decommissioning plan to include the conditions under which decommissioning would commence, i.e. a period of one year of discontinued service. 9 19. The Applicant shall revise the decommissioning plan to include a plan for what is to become of the proposed ponds. For instance, will the pocket ponds be filled to restore the existing grade lines, or will they be left "as -is"? 20. The Applicant should revise the decommissioning plan to include mention of any additional means and methods appropriate for removal of site components within the wetlands on site. For instance: a. How will the ground be protected from truck traffic? b. How will the surface be restored? c. Can the same seed mix be used to restore both the wetlands and upland areas? Conclusion & Recommendation It is our opinion that the applicant should provide clarification for the above items and incorporate changes in subsequent plan submissions. In the event the Planning Board or Town staff have any questions or require additional information, please do not hesitate to contact me at (518) 824-1932. Respectfully submitted, LaBella Associates Richard Adams, PE Senior Civil Engineer cc: Shauna Baker, Town Planning Office Specialist (via email) Laura Moore, Town Land Use Planner (via email) File Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board SEAR RESOLUTION — Grant Positive or Negative Declaration SITE PLAN 55-2022 & SPECIAL USE PERMIT 4-2022 SOUTHERN GATEWAY RENEWABLES Tax Map ID: 303.8-1-1, 03.12-1-3 / Property Address: West Side Queensbury Ave / Zoning: CLI The applicant proposes to utilize 27+ acres of an 80 acre parcel for a 5.OMW solar farm of 8.25 acres of land at the Warren County Airport. Project work includes fencing, stormwater management, and equipment areas. The hard surfacing total with existing and proposed is 1.07 acres with equipment pads. Panel height is 16.5 to 19.5 ft. Pursuant to chapter 179-5-140, 179-10-040, 179-3-040, site plan and special use permit 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 POSITIVE DECLARATION OR NEGATIVE DECLARATION FOR SITE PLAN. Introduced by 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. 2. Part III of the Long EAF has been reviewed and completed by the Planning Board. Or Part III of the Short EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. Duly adopted this 16th day of August 2022 by the following vote: AYES: NOES: Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION — Grant / Deny Site Plan Approval SITE PLAN 55-2022 & SPECIAL USE PERMIT 4-2022 SOUTHERN GATEWAY RENEWABLES Tax Map ID: 303.8-1-1, 303.12-1-3 / Property Address: West Queensbury Ave, South of Airport/ Zoning: CLI The applicant has submitted an application the Planning Board: Applicant proposes to utilize 27+ acres of an 80 acre parcel for a 5.OMW solar farm of 8.25 acres of land at the Warren County Airport. Project work includes fencing, stormwater management, and equipment areas. The hard surfacing total with existing and proposed is 1.07 acres with equipment pads. Panel height is 16.5 to 19.5 ft. Pursuant to chapter 179-5-140, 179-10-040, 179-3-040, site plan and special use permit shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 8/16/2022 and continued the public hearing to 8/16/2022, 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 8/16/2022; 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 / DISAPPROVE SITE PLAN 55-2022 & SPECIAL USE PERMIT 4-2022 SOUTHERN GATEWAY RENEWABLES; Introduced by who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted/denied; 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. Page 1 of 2 Phone: S18.76i.8220 ( Fax: 518.745.4437 (742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net 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 Duly adopted this 161h day of August 2022 by the following vote: AYES: NOES: Page 2 of 2 Phone: S18.76i.8220 I Fax: 5i8.745.44371742 Bay Road, Queensbury, NY 1.28041 www.queensbury.net Site Plan 56-2022, Freshwater Wetlands 11-2022 & Special Use Permit 5-2022 @ 443 Queensbury Ave Northern Gateway Renewables Public hearing scheduled Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board Community Development Department Staff Notes August 16, 2022 Site Plan 56-2022, NORTHERN GATEWAY RENEWABLES Special Use Permit 5-2022 443 Queensbury Avenue / Commercial Light Industrial / Ward 2 & Freshwater Wetlands 11-2022 SEQR Unlisted Material Review: site plan application, special use permit, decommissioning plan, site plans, stormwater, lease arrangement, narrative, wetland details Parcel History: none known Warren Co Referral Sent: August 2022 / Comments: Approve. Informal staff comments: Applicant must meet requirements and maintenance agreements for wetlands, stormwater management and placement of solar panels. Requested Action Planning Board review and approval for use of a portion of a parcel for a 5.OMW solar farm. Resolutions 1. SEQR 2. PB decision Project Description Applicant proposes to utilize 33 acres of a 510 acre parcel for a 5.OMW solar farm of 8.3 acres on the Warren County Airport land. Project site work is within 100 ft of designated wetland and there will be disturbance of existing wetland areas for the placement of solar panels. Project work includes fencing, stormwater management and equipment areas. The increase in hard surfacing is 0.86 acre with equipment pads. Site work proposed in the wetland is in three specific areas and other site work is adjacent. Total site disturbance is 34.10 acres. Panel height is 16.5 to 19.5 ft. Pursuant to chapter 179-5-140, 179-10-040, 179-3-040, 94, site plan and special use permit, freshwater wetlands permit, and work on slopes greater than 15% shall be subject to Planning Board review and approval. Staff Comments • Location -The project is located on the property of the Warren County Airport on Hicks Avenue. The parcel as part the project occurs on a 510 ac parcel of which 33 acres is to be used. • Arrangement- The solar panels grids will run north and south where the project will encompass 27 acres of the 80+ acre area. • Site Design- The solar panels themselves would cover approximately 8.3 ac • Building — no buildings are proposed. The plan shows equipment pad and transformer locations to be designed by others. The applicant should be aware if these become equipment shelters additional review may be necessary • Site conditions -The area is has meadow vegetation, areas of brush and wetland area vegetation. • Traffic- The site will be accessed from a new curb cut on Hicks Road. • Grading and drainage plan, Sediment and erosion control -The stormwater management will include swales, filter strips, and pond areas. The project includes a SWPPP that has been forwarded to the Town Designated Engineer for review and comment. • Landscape plan -The project includes maintaining vegetation along Hicks Road and installation of a chain link fence around the project site. The plans indicate areas of disturbance will be reseeded as necessary. • Site lighting plan -The lighting for the equipment area will be motion activated and be compliant with the FAA/Airport regulations. • Utility details -The site doesn't require septic or well access • Signage-any signage is to be code compliant and as required for site safety. • Elevations- The applicant has provided an elevation for the panels to be installed. The applicant is requesting to have a panel height of 16.5 feet to 19 .5 feet. The code indicate an applicant can exceed the 12 ft height panel by request of the Planning Board. • Floor plans- There are no buildings and no floor plans • Waivers -Planning staff has reviewed the applicants request for waivers that include items, h. signage, o. commercial alterations/ construction details, p floor plans, s. snow removal. • The waivers requested —Staff finds it reasonable to request a waiver of these items as there are no buildings on the site. The applicant provided the information on the following: g. site lighting j. stormwater k. topography,1. landscaping, n traffic, q. soil logs, r. construction/demolition disposal • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Special Use Permit Criteria: A special use permit is required as outlined in Section 179-10-070. • Harmony with the Comprehensive Plan — The project will be located in the Commercial Light Industrial zone where the Town Code outlines the requirements of Solar Farms in the CLI zone. • Compatibility- The project is located on land of the Warren County Airport that is not in use for the airport The area has mix use with residential and other industrial designated parcels. The project will be compatible with the uses in the. area. The Town has encouraged solar farms as outline in the Town Code. • Access, circulation and parking — The project has an interior road for maintenance of the facility. • Infrastructure and services- The project will not utilize sewer or water services. The applicant will coordinate with National Grid for service connection requirements. • Environment and natural features —The applicant plans have accounted for the adjacent wetland and will not be within 100 ft for this part of the project to the wetland area. The existing natural vegetative area around the proposed solar farm will be remain. • Long-term effects -Project is to create clean renewable energy. The applicant has indicated existing and potential new business uses and residents will have economic benefits of the solar facility. Specific Special Use Permit Criteria DD. Solar farms. • Solar farms shall require a minimum land area of five acres.- Parcels in total is 80 plus acres. • Solar farms shall be enclosed by perimeter fencing to restrict unauthorized access at a height consistent with the current fence code. (See § 179-5-070.) However, the Planning Board shall have the discretion to vary or eliminate this requirement where the Planning Board has determined that safety and security at the site will be assured by alternate methods.- Project will have a 8 ft high gated entry and fencing around panel areas. Gate to have knox box noted for emergency access • The manufacturer's and installer's identification and appropriate warning signage and emergency contact information shall be posted at the site and clearly visible. Applicant has indicated appropriate warning signage to be installed — Detail will need to be included in plans. 1VM • Solar farm buildings and accessory structures shall, to the extent reasonably possible, use materials, colors and textures that will blend the facility into the existing environment. — The applicant has indicated the facility elements to blend into the existing environment. Details will need to be included in plans. • Appropriate landscaping and/or screening materials may be required to help screen the solar farm and accessory structures from major roads and neighboring residences pursuant to Article 8 of Chapter 179. The applicant has indicate the location of the project will meet the requirements of Article 8. • The average height of the solar panel arrays shall not exceed 12 feet. However, the Planning Board shall have the discretion to permit the solar panel arrays to exceed the height limitation of 12 feet to the extent necessary, as determined by the Planning Board, to achieve the intended purpose of the solar collectors. Such determination shall be made in consideration of the design of the solar collectors and the subject property's natural and proposed characteristics, including, but not limited to, topography, existing and proposed vegetative buffers, and proximity to residential and/or commercial uses. The applicant has indicated the height is to be 16.5 feet to 19 .S feet tall and exceeding 12 ft. Board may have further discussion. The applicant has indicted the height to optimize energy capture. • Solar farm and solar power plant panels and equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties, facilities, and roadways. The applicant has provided a Glare Hazard report. The report indicates there is to be no glare on aviation receptors — it is noted there is no guidance for analysis for airports without an air traffic control tower. • On -site power lines shall, to the maximum extent practicable, be placed underground. The applicant has indicated there are utility connects will be underground • All applications for solar farms shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with the removal of the structure, which shall be reviewed and approved by the Town Board. The decommission plan has been provided and is to be reviewed. • The following requirements shall be met for decommissioning: The decommission plan has identified items a-d. The applicant has identified the desire to have an agreement in place for decommissioning. The Town Board will need to be notified of the request for an agreement. (a) Solar farms and solar power plants which have not been in active and continuous service for a period of one year shall be removed at the owners' or operators' expense within six months of the date of expiration of the one-year period. (b) All aboveground and below -ground equipment, conduits, structures, fencing and foundations shall be removed from the site to a depth of at least three feet below grade. (c) The site shall be restored to as natural a condition as possible within six months of the removal of all equipment, structures and foundations. Such restoration shall include, where appropriate, restoration of the surface grade and soil after removal of all equipment and revegetation of restored soil areas with native seed mixes. (d) The Planning Board shall, as a condition of approval, require the posting of a removal bond of the solar farm's and solar power plant's equipment. In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period specified in Subsection DD(10)(a) above, and/or the restoration is not completed within the time period specified in Subsection DD(10)(c) above, the Town may, at its own expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction. Freshwater Wetland The plans indicate the wetlands areas to be disturbed and areas within 100 ft for site work. The project area contains about 20.04 acres of wetlands. The access area at Hicks Road and then two other areas that include access roads and panel locations. The board may request supporting information for the type of product panel and support used in the wetland areas. Summary The applicant has completed a site plan application, freshwater wetlands permit and a special use permit for the development of a 33 acre area for a solar farm. The board may request clarification of work within the wetland and to include a condition compliance with the appropriate agency be part of the final plan record of the submission. Meeting History: 1 sc Meeting yw LaBeLLa powered by partnership. August 11, 2022 Mr. Craig Brown Zoning Administrator and Code Compliance Officer Town of Queensbury 742 Bay Road Queensbury, New York 12804 Delivered via email only: CraigB@queensbury.net RE: Northern Gateway Renewables, LLC Town of Queensbury, Warren County, New York LaBella Project # 2220706.38 Queensbury Ref # SP56-2022 Dear Mr. Brown: LaBella has received a submission package from your office for the above referenced project. The Applicant is proposing approximately 33 acres of ground mounted solar panels and supporting infrastructure. Submitted information includes the following: • Site Plan review application, prepared by Northern Gateway Renewables, dated July 15, 2022 • Project Narrative, prepared by EDP, dated July 14, 2022 • Full Environmental Assessment Form, prepared by EDP, dated June 2, 2022 • Town of Queensbury Freshwater Wetland Permit, prepared by EDP • Site Plans, prepared by Nexamp and EDP, dated July 14, 2022 • Core Project Info Packet, prepared by EDP, dated June 18, 2022 • Stormwater Management Narrative, prepared by EDP, dated July 2022 • SWPPP, prepared by EDP, dated May 2022 Your office has requested that we limit our review to the design of stormwater system and decommissioning plan as it relates to compliance of local, state, or relevant codes and regulations. Based upon our review, LaBella offers the following comments for the Town's consideration: Stormwater Management and Erosion and Sediment Control Comments 1. According to the site plan application, the proposed project plans to disturb an area of approximately 33 acres and thus requires the preparation of a Stormwater Pollution Prevention Plan (SWPPP) in accordance with GP-0-20-001 that includes erosion and sediment controls, as well as post construction stormwater management practices. A SWPPP has been provided. 2. As stated in site plan application, the proposed project plans to disturb an area of approximately 33 acres and an increase of impervious of 0.86 acres, howeverthe increase in impervious is stated to be 1.06 acres in the stormwater narrative and EAF. The Applicant to revise accordingly. 3. Section 179-6-080 of the Town Code states, "the stormwater drainage plan shall analyze the impacts of the project using at least ... a fifty-year return interval storm for commercial or industrial projects," and, `All stormwater management plans shall be designed so that post -development run-off rates and volumes are equal to or less than pre -development run-off." The Applicant has provided a 50-year storm analysis. 20 Elm Street Suite 110 Glens Falls, NY 12801 p (518) 812-0513 y It appears that the volume for design point OFF2 increases in the 50-year storm as the pre - development volume is 6.377 acre-feet and the post -development is 6.441 acre-feet. The Applicant to revise accordingly. 4. The boundaries of the subcatchments within the subcatchment map are difficult to discern as the line types for the subcatchments are too similar to the line types forthe site features. The applicant to revise for support a full review of the HydroCAD model. 5. Vegetated depressions 213 and 5P have a raised outlet, such that not all of the volume leaves the practice. The Applicant to clarify how the practice will dewater, such that the full capacity is available for the next storm. 6. In general, the pocket ponds do not appear to meet all of the requirements as specified in Section 6.1 of the SMDM and further detail 2 on sheet C-501 does not appear to provide sufficient information to support a full review of Section 6.1. General comments regarding this are offered below: a. The proposed pocket ponds do not appear to have forebays. b. Section 6.1.3 of the SMDM states "The forebay shall be sized to contain 10% of the water quality volume (WQv)..." It is difficultto discern if 10% of the WQv volume is provided within the forebay because the forebay is not modeled separately. c. Section 6.1.4 of the SMDM states "The minimum length to width ratio for the pond is 1.5:1 (i.e., length relative to width)." The proposed pocket pond 8P does not appear to meet this requirement. d. Section 6.1.5 of the SMDM states "Incorporate an aquatic bench that generally extends up to 15 feet inward from the normal shoreline, has an irregular configuration, and a maximum depth of 18 inches below the normal pool water surface elevation. The slope proceeding from the aquatic bench to the pond basin floor shall not exceed 2:1(h:v)." It is difficult to discern the aquatic bench on the site plans and details. e. Section 6.1.5 of the SMDM states "A landscaping plan fora stormwater pond and its buffer shall be prepared to indicate how aquatic and terrestrial areas will be vegetatively stabilized and established." and "Aquatic vegetation must be established in the aquatic and safety benches before the Pond is rendered in-service." It is difficult to discern a landscaping plan. f. There does not appear to be a pond drain or adjustable gate valve proposed as required in Section 6.1.6 of the SMDM. g. Section 6.1.6 of the SMDM states "Warning signs must be posted prohibiting swimming, wading, and skating, warning of possible contamination or pollution of pond water, and indicating maximum depth of pond." There do not appear to be warning signs proposed in the area of the pocket pool. 2 h. Section 6.1.7 of the SMDM details the considerations for cold climate conditions. The Applicant to clarify if this section was considered in the design of the pocket pond and associated appurtenances. 7. The standards and specifications for winter stabilization of the NYS SSESC requires "A temporary site specific, enhanced erosion and sediment control plan to manage runoff and sediment at the site during construction activities in the winter months to protect off -site water resources. This standard applies to all construction activities involved with ongoing land disturbance and exposure between November 15th to the following April 1st."The Applicant to clarify if construction will occur during the winter months. If so, the Applicant shall provide a separate, temporary site -specific enhanced erosion and sediment control plan if construction activities with ongoing land disturbance and exposure is planned between November 15th to the following April 1st. This erosion and sediment control plan shall conform to all requirements of the winter stabilization specification referenced above. 8. The project phasing plan does not appear to include acres to be disturbed in each phase. The Applicant to revise accordingly to better understand if more than 5 acres will be disturbed at one time. 9. It is assumed that the area surrounding the solar arrays are to be undisturbed vegetation and re- established vegetation, however it does not appear that any detail pertaining to the same is provided. The Applicant to provide more detail regarding area under the solar arrays. 10. It does not appear that a detail is provided for the racking system such that a review of the underlying ground conditions can be reviewed. The Applicant to revise accordingly. 11. It does not appear that there is a limit of disturbance on the site plans. The Applicant to revise the site plans accordingly. 12. While the stormwater device 4P is described as the "low point near wetlands" on the routing diagram, the exact location and size of stormwater device 4P is hard to discern. Further, the aforementioned stormwater device does not appear to be depicted on the post -development subcatchment map. 13.It does not appear that the proposed ponds and detention facilities have accounted for groundwater in their storage capacity analysis. For instance, for stormwater management practice 5P, test pit #6 (elevation 345') appears to be depicted to have been conducted within the bounds of the aforementioned stormwater practice. The results of the test pit depict that mottling was found at 12" (elevation 344'), and groundwater was observed at 18" (343.5'). The drainage plan for the proposed stormwater management depicts the bottom elevation of the practice to be at 342 feet. The detail does not depict an impermeable liner, so the practice shall be modeled with a permanent pool based on the groundwater conditions. Similar issues appear to be present in other proposed stormwater practices on the site plan. The Applicant to revise the site plans accordingly. 14.On Sheet C-501, detail 2, the pocket pond elevations are labeled at TBD. However, these inverts and information appear in the HydroCAD model. The Applicant to fill out the table to support a review of the plans and the HydroCAD model. a 15. In the HydroCAD model, pocket pond 8P models a broad -crested weir with an invert of 327.00'. However, the site plans do not appear to depict a weir at the aforementioned pocket pond. The Applicant to revise accordingly. 16. Detail 1 on Sheet C501(Overland Flow Dispersion Device) appears to depict 4 options and has a note stating "Overland Flow Dispersion Device Type to be per contractor preference or approved equal." Further, the overland flow dispersion device types all have a maximum slope of 15% for existing grade upstream and downstream areas. However, it appears on the grading plan that there is spot grading to keep slopes below 20% throughout the project area. The Applicant shall clarify if the dispersion devices will be used on areas of the site with grades that exceed a 15% slope. If so, the Applicant shall revise the overland flow dispersion device details accordingly. 17. The Applicant to clarify that the AHJ of the subject wetlands has validated the wetland boundaries. Decommissioning Plan 18. The Applicant shall provide evidence (MSDS sheet) to support claim that all panel interior materials are non -hazardous. 19. The Town should consider requesting that the Applicant to remove access road and utilities under ownership of National Grid, as it does not seem possible for the Town to compel National Grid to adhere to the decommissioning requirements imposed by the Town on the project applicant. 20. The Applicant shall revise the decommissioning plan to include the conditions under which decommissioning would commence, i.e. a period of one year of discontinued service. 21. The Applicant shall revise the decommissioning plan to include a plan for what is to become of the proposed ponds. For instance, will the pocket ponds be filled to restore the existing grade lines, or will they be left "as -is"? 22. The Applicant should revise the decommissioning plan to include mention of any additional means and methods appropriate for removal of site components within the wetlands on site. For instance: a. How will the ground be protected from truck traffic? b. How will the surface be restored? c. Can the same seed mix be used to restore both the wetlands and upland areas? Conclusion & Recommendation It is our opinion that the applicant should provide clarification for the above items and incorporate changes in subsequent plan submissions. In the event the Planning Board or Town staff have any questions or require additional information, please do not hesitate to contact me at (518) 824-1932. Respectfully submitted, LaBella Associates M 9 / . f �i., .�L ! fib � •, j� .�_,.--r,... Richard Adams, PE Senior Civil Engineer cc: Shauna Baker, Town Planning Office Specialist (via email) Laura Moore, Town Land Use Planner (via email) File Town of Queensbury Community Development Office a 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board SEQR RESOLUTION — Grant Positive or Negative Declaration SITE PLAN 56-2022, FRESHWATER WETLANDS 11-2022 & SPECIAL USE PERMIT 5-2022 NORTHERN GATEWAY RENEWABLES Tax Map ID: 297.15-1-1/ Property Address: 443 Queensbury Avenue / Zoning: CLI The applicant proposes to utilize 31 acres of a 510 acre parcel for a 5.OMW solar farm of 8.3 acres on the Warren County Airport land. Project site work is within 100 ft of designated wetland and there will be disturbance of existing wetland areas for the placement of solar panels. Project work includes fencing, stormwater management and equipment areas. The increase in hard surfacing is 0.86 acre with equipment pads. Site work proposed in the wetland is in three specific areas and other site work is adjacent. Total site disturbance is 34.10 acres. Panel height is 16.5 to 19.5 ft. Pursuant to chapter 179-5-140, 179-10-040, 179-3- 040, 94, site plan and special use permit, freshwater wetlands permit, and work on slopes greater than 15% 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 POSITIVE DECLARATION OR NEGATIVE DECLARATION FOR SITE PLAN. Introduced by 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. 2. Part III of the Long EAF has been reviewed and completed by the Planning Board. Or Part III of the Short EAF is not necessary because the Planning Board did not identify potentially moderate to large impacts. Duly adopted this 18th day of August 2022 by the following vote: AYES: NOES Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Town of Queensbury Community Development Office ' 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION — Grant / Deny Site Plan Approval SITE PLAN 56-2022, FRESHWATER WETLANDS 11-2022 & SPECIAL USE PERMIT 5-2022 NORTHERN GATEWAY RENEWABLES Tax Map ID: 297.15-1-1 / Property Address: 443 Queensbury Ave / Zoning: CLI The applicant has submitted an application the Planning Board: Applicant proposes to utilize 31 acres of a 510 acre parcel for a 5.OMW solar farm of 8.3 acres on the Warren County Airport land. Project site work is within 100 ft of designated wetland and there will be disturbance of existing wetland areas for the placement of solar panels. Project work includes fencing, stormwater management and equipment areas. The increase in hard surfacing is 0.86 acre with equipment pads. Site work proposed in the wetland is in three specific areas and other site work is adjacent. Total site disturbance is 34.10 acres. Panel height is 16.5 to 19.5 ft. Pursuant to chapter 179-5-140, 179-10-040, 179-3-040, 94, site plan and special use permit, freshwater wetlands permit, and work on slopes greater than 15% shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 8/16/2022 and continued the public hearing to 8/16/2022, 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 8/16/2022; 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 / DISAPPROVE SITE PLAN 56-2022, FRESHWATER WETLANDS 11- 2022 & SPECIAL USE PERMIT 5-2022 NORTHERN GATEWAY RENEWABLES; Introduced by who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted/denied; 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. Page i of 2 Phone: 518.761.8220 ( Fax: 518.745.4437 ( 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net 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 Duly adopted this 161" day of August 2022 by the following vote: AYES: NOES: Page 2 of 2 Phone: 518.761.8220 1 Fax: 518.745.4437 1742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net