Staff Notes for 11/15/2022STAFF NOTES
NOVEMBER 15, 2022
Queensbury Planning Board Agenda
First Regular Meeting: Tuesday, November 15, 2022 / Time 7 — 11 pm
...� Queensbury Activities Center @ 742 Bay Road
Approval of Minutes
Dates- September 20, 2022 and September 27, 2022
Administrative Item
Disc 2-2022 Cannabis Legislation Referral from Town Board- Pursuant to chapter 179-15-040, Planning Board to
provide recommendation
Old Business -Town Board Referrals
Applicant(s) JP GROSS PROPERTIES Application Type Site Plan 62-2022
J
— Petition of Zone Change 4-2022
Owner (s)� Same as applicant
Aent(s) ( EDP (Nick Zeglen) Lot size j 6.03 acres, 9.38 acres
Location ( 84 Eagan Road & 27 Silver Circle Ward 4 Zoning Classification: WR, CLI
Tax ID No. ( 309.17-1-3, 309.17-1-17.2 Ordinance Reference 179-3 040 f
Cross Reference SP 39-2002, SP 138-2016, SP 72-2021, SP (M) 30- Warren Co. Referral September 2022 j
j 2022 l
Public Hearing J September 27, 2022, November 15, 2022 Site Information
~Project Description: Applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel's size to 2.00 acres in the WR zone. i
The remaining 4.03 of the parcel would be merged with the adjoining CLI parcel. The project includes a request to rezone the 4.03 acre parcel from WR j
to CLI. Pursuant to chapter 179-3-040, site plan review for development of the 4.03 acre portion of the property for outside gravel storage and
stormwater management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9-040, referral from the Town Board where
the Planning Board is to complete the SEQR and provide a recommendation to the Town Board. Pursuant to chapter 179-3-040, site plan for new use in
an industrial zone shall be subject to Planning Board review and approval upon completion of rezoning. The Planning Board will accept lead agency,
review SEQR, and provide recommendation. '
Recommendations
Applicant(s) E _3 SONS AND HOLLY LLC. Application Tyke 1 Site Plan 76-2022
Owner (s) _ __Same as applicant SEQR Type __YP II 3
_—_—
Studio A Lot size _—.__..__ . -----38 acre__
Location _ 28 Holly Lane_ _ — _ � Ward: I � Zoning Classification: WR
Tax ID No. 239 12 2 57 1 Ordinance Reference j 179-3-040, 179-6-065, 147, 179-4-080
Cross Reference AV 63-2022 Warren Co. Referral November 2022 j
Public Hearing n/a for recommendation Site Information CEA
Project Description: Applicant proposes alterations to an existing home and site. The project includes a 416 sq ft addition to an existing home with a
1,275 sq ft footprint. There is to be a new 72 sq ft porch and a new 200 sq ft porch with a new floor area of 3,225 sq ft. Site work includes installation of
an on -grade paver patio area with stone slab patch and enlarging the fire pit area. Additionally, there is to be a raingarden and shoreline plantings added
to the site. There is no change to the existing 1,152 sq ft footprint of the garage and living space. Pursuant to chapter 179-3-040, 179-6-065, 147, and j
179-4-080, site plan for new floor area in a CEA, expansion of a non -conforming structure, and hard surfacing within 50 ft of the shoreline shall be 1j
subiect to Planning Board review and approval. Variance: Relief is sought for permeability, and setbacks__
Applicant(s) �LOREEN HARVEY/KASSELMAN SOLAR Application Type Site Plan 75-2022
Owner (s) Rory Russell Trust _ SEQR TY.P_e J Type II
Agen(s) OEeen Harvey Lot size
Location 1516 Ridge Road Ward: 1 —� Zoning Classification: MDR f
_...__.._ _ _ . -- _.._
Tax ID No. 266.3-1-76.1 i Ordinance Reference 179-5-140
Cross Reference AV 60-2022 (' Warren Co. Referral November 2022
Public Hearing J n/a for recommendation Site Information APA, LGPC —
Project Description: Applicant proposes a South facing ground mounted solar project for 25.92 kW (54 panels), approximately 1,348 sq ft. The existing
5,035 sq ft home is to remain unchanged. The project will be located on the North property line where no vegetation will be removed. Pursuant to
chapter 179-5-140, site plan for a residential ground mounted solar project shall be subject to Planning Board review and approval. Variance: Relief is
sought for setbacks. The Planning Board shall make a recommendation to the Zoning Board of Appeals.
Recommendation- Unapproved Development
Applicant(s) STEVE & TRACEY BUREAU Application Type { Site Plan 74-2022
Owner (s) Same as applicant SEQR Type Type II
_Agent(s) ( Rucinski Hall Architecture Lot size .16 acre
Location 5 Chestnut Road Ward: 1 _Zoning Classification: WR _
Tax ID No. ( 289.13-1-7 Ordinance Reference ! 179-3-040, 179-6-065, 179-5-020, 179-13-010 I
Cross Reference ( AV 59-2022 i Warren Co. Referral { n/a _
Public Hearing n/a for recommendation —� Site Information CEA, Glen Lake j
Project Description: Applicant has constructed a 45 sq ft mudroom and a 22.1 sq ft addition/closet to an existing home that has a footprint of 1,110 sq ft
and deck/porch of 463 sq ft. In addition, applicant replaced a garage with a 228 sq ft shed. The home has a floor area of 1,338 sq ft. Pursuant to chapter
179-3-040, 179-6-065, 179-5-020 & 179-13-010 site plan for new floor area in a CEA, shed installation and expansion of a non -conforming structure
shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks and expansion of a non -conforming structure. The
Planning Board shall make a recommendation to the Zoning Board of Appeals. J—
New Business
Applicant(s) MARK PRENDEVILLE Application Type Site Plan 72-2022
Owner (s) ( Same as applicant ( SEQR Type J Type II
—T�
Agent(s) Hutchins Engineering ( Lot size .59 acre
Location 102 Ash Drive Ward: 1 Zoning Classification: WR
Tax ID No. 289.13-1-58 Ordinance Reference 179-3-040, 179-6-065
Cross Reference f SP 48-2020, AV 37-2020, AV 17-2021 Warren Co. Referral n/a
Public Hearing November 15, 2022 Site Information CEA, Glen Lake
Project Description: Applicant proposes to demolish the existing home and construct a new 1,144 sq ft footprint with a deck of 396 sq ft and a 32 sq ft
porch. The new home is to be 2,440 sq ft floor area. Site work includes updating the driveway area, grading for the house site, new septic, shoreline
plantings and stormwater management. Pursuant to chapter 179-3-040 & 179-6-065, site plan for new floor area in a CEA and hard surfacing within 50
ft of the shoreline shall be subject to Planning Board review and approval _
Ap�licant(s) _ROCKHURST, LLC. Application Type J Subdivision Modification 13-2022
Owner (s) ( Same as applicant SEQR Tie Unlisted
Agent(s) EDP Lot size _1.13 acres
Location 10 Polk Drive ' Ward: I 1 Zoning Classification: WR
Tax ID No. 239.12-2-35.1 Ordinance Reference 183
Cross Reference SUB 12-1992, SUB 5-1993, AV 22-2020, AV 49- Warren Co. Referral n/a
2020, AV 20-2021
Public Hearing November 29, 2022 Site Information LGPC, CEA, APA
Project Description: Applicant proposes to modify a 2 lot subdivision (Subdivision 5-1993) to a 50 ft setback versus the 75 ft setback as noted on the
plat. The applicant has indicated that the Town code requirement has been revised from a 75 ft setback to a 50 ft setback. The Lot 1 site has construction `
of a previously approved single family home. The Lot 2 parcel would be proposed to be redeveloped with a single family home and associated site work
for septic, stormwater controls, shoreline plantings. Pursuant to chapter 183, subdivision modification shall be subject to Planning Board review and
- Any further business which may be properly brought before the Board -
Minutes for September 20 and September 27
Draft resolution- grant/deny minutes approval
Administrative Items:
Discussion 2-2022: Cannabis Legislation Referral
from Town Board
Draft resolution- Planning Board Recommendation
Town of Queensbury Planning Board
et Community Development Department Staff Notes
November 15, 2022
Disc 2-2022 Cannabis Regulation Legislation
SEQR — Type I Town Board is Lead Agency
Material Review: Proposed Local Law, map of potential locations for cannabis retail
Requested Action
Recommendation to Town Board
Resolutions
1. Recommendation
Project Description
The Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis
businesses and amend use requirements related to agriculture. The amendments are necessary and desirable to
protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway
for the cannabis industry consistent with state regulations, foster a healthy, diverse and economically viable
cannabis industry that contributes to the local economy, and ensure that environmental, public health, safety and
nuisance factors related to both the cannabis industry and agriculture are adequately addressed. Local law needs
to be reviewed pursuant to the State Environmental Quality Review Act (SEQRA) before adoption and
enactment. Town Board will act as lead agency to review proposal to amend Chapter 179 `Zoning' of
Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to
agriculture.
Staff Comments
The Town Board has provided a draft local law for the Planning Board to review in regards to the cannabis
industry operation in the Town. The Law has been reviewed by Town Counsel and the Senior Planner to meet
the New York State Law — Consolidated Laws of New York Chapter 7-A Cannabis. The Local Law is more
restrictive in some cases ie
• NYS LAW: No cannabis retail licensee shall locate a storefront within five hundred feet of a school
grounds as such term is defined in the education law or within two hundred feet of a house of worship.
• PROPOSED TOWN LAW: An On -Site Consumption Cannabis Business or Retail Cannabis Business shall not
be located within one thousand (1,000) feet from the following uses, such distance to be measured horizontally on
a straight line from the nearest property line of the lot to be occupied by the proposed On -Site Consumption
Cannabis Business or Retail Cannabis Business (refer to law for list of uses)
The Planning Board has been provided with the proposed local law and potential business location map. The
local law has proposed review occur as site plan and for some project includes special use permit review.
Summary
The Planning Board has been requested to review the law and provide a recommendation to the town board
Meeting History: 1st Meeting
LOCAL LAW NO.: OF 2022
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING"
OF QUEENSBURY TOWN CODE TO REGULATE SPECIFIC
CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS
RELATED TO AGRICULTURE
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS
FOLLOWS. -
Section 1. Intent — The Town Board wishes to amend Chapter 179 of Queensbury Town
Code to regulate specific cannabis businesses and amend use requirements related to agriculture.
The amendments are necessary and desirable to protect the public health, safety, welfare, and
environmental resources, provide a consistent regulatory pathway for the cannabis industry
consistent with state regulations, foster a healthy, diverse and economically viable cannabis
industry that contributes to the local economy, and ensure that environmental, public health,
safety and nuisance factors related to both the cannabis industry and agriculture are adequately
addressed.
Section 2. Enacting Authority — This local law is enacted pursuant to the New York
Municipal Home Rule Law, Section 131 of the New York Cannabis Law, and Chapter 179 of the
Code of the Town of Queensbury, as authorized by the New York State Constitution, the New
York Municipal Home Rule Law, and other relevant provisions of the Town Law of the State of
New York.
Section 3. Amendment of Zoning Law — Chapter 179 of the Queensbury Town Code,
entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as
follows:
A. Section 179-2-010, entitled "Definitions and word usage" is amended as follows:
Note: Language in bold italics is new language to be added;
Language with line draw thfough is old language to be deleted.
1
C. As used in this chapter or in the appendixes thereto, unless the context otherwise requires,
the following terms shall have the meanings indicated:
AGRICULTURAL RETAIL SALES: A small—scale retail facility for sales of agricultural
products grown or raised on the site or other properties owned or leased by the agricultural
use operator, and pre packaged goods processed from onsite agricultural production.
AGRICULTURAL SERVICE USE: Any storage or processing facility directly and customarily
related to an agricultural use. Agricultural Service Use may include an associated agricultural
retail sales business. Examples include milk processing, feed storage, crop storage, and crop
processing.
AGRICULTURAL USE: Any management of any land for agriculture: the raising and keeping of
cows, horses, pigs, poultry and/or other livestock; truck gardens; horticulture; silviculture or
orchards, including the sale of products grown or raised directly on such land and including the
construction, alteration or maintenance of fences, agricultural roads, agricultural drainage
systems and farm ponds. Agricultural Use may include greenhouses.
CANNABIS BUSINESS, ON -SITE CONSUMPTION. A cannabis related business requiring
a license from New York State to operate an Adult -use On -Site Consumption business. An on -
site consumption license authorizes the acquisition, possession, and sale of cannabis from the
licensed premises of the on -site consumption licensee to cannabis consumers for use at the on -
site consumption location.
CANNABIS BUSINESS, RETAIL: A cannabis related business requiring a license from New
York State to operate an Adult -use retail dispensary authorized to acquire, possess, sell and
deliver cannabis to consumers.
COMMERCIAL NURSERY. A nursery with one or more greenhouses totaling 300 square
feet or more of area.
GREENHOUSE: A building whose reef and sides are ---_de lafgely of glass ^r ether tr a nsparo„+
er + .,,,slueent ter-i , in which the temperature, lighting and or humidity can be regulated
for the cultivation of delie to or out of sense plants for subsequent sale or personal enjoyment.
Note: Language in bold italics is new language to be added;
Language vgth line dr-&,A% du-eugh is old language to be deleted.
2
A greenhouse in excess of 300 square feet shall be regulated as a commercial nursery. A
greenhouse under 300 square feet shall be considered accessory to a residential use.
PARK: A publicly owned tract of land designated and used by the public for active and/or
passive recreation.
B. Section 179-10-070, entitled "Specific Standards" is amended as follows:
Q. Nurseries and Commercial Nurseries.
(1) Nurseries must be on lots of at least 10 acres in size.
(2) Nurseries shall include a management plan for pesticides, herbicides, and fertilizers.
Such plans shall include application, usage, storage, and surface water and groundwater
quality protection details.
(3) Any Planning Board approval may require annual surface water and groundwater quality
testing.
EE. On -Site Consumption Cannabis Business & Retail Cannabis Business. On -site
Consumption and Retail Cannabis businesses are subject to the New York State Cannabis
Law with the following specific standards:
(1) Such businesses shall not be located within one thousand five hundred (1,500) feet of
any other On -Site Consumption Cannabis Business or Retail Cannabis Business, such
distance to be measured horizontally on a straight line from the nearest property line of
any other existing On -Site Consumption Cannabis Business or Retail Cannabis
Business to the nearest property line of the lot to be occupied by the proposed On -Site
Consumption Cannabis Business or Retail Cannabis Business.
(2) An On -Site Consumption Cannabis Business or Retail Cannabis Business shall not be
located within one thousand (1,000) feet from the following uses, such distance to be
measured horizontally on a straight line from the nearest property line of the lot to be
occupied by the proposed On -Site Consumption Cannabis Business or Retail Cannabis
Business.
Note: Language in bold italics is new language to be added;
Language with line ,a,.,,<,.., +h,.,,u is old language to be deleted.
3
(a) Addiction Treatment Providers certified by the New York State Office of Addiction
Services and Support
(b) Amusement Center
(c) Campground
(d) Day-care Center
(e) Day-care Home
(/) Health -related facility
(g) Parks
(h) Place of Worship
(i) Playground
0) Public or Semi-public building
(k) School
(l) Pharmacies licensed under Title 8, Article 137, Section 6805 of the New York State
Education Law and/or Part 63 of the Rules of the Regents and Regulations of the
New York State Commissioner of Education
(3) Hours of Operation: On -Site Consumption Cannabis Business or Retail Cannabis
Business shall not open before 9AM nor remain open after 9pm Monday through
Saturday, and shall not open before 12pm nor remain open after 6pm on Sunday.
(4) Lighting and Security: Motion detectors or timers should be considered as part of any
lighting plan. Fencing that may be required should include materials and aesthetics
that provide security but do not create a negative visual impact.
(5) Application requirements.
(a) Applicant must submit a plan to ensure compliance with §179-6-030 (Odor) of the
zoning code.
(6) All special use permits issued under this Subsection shall contain a condition that the
Retail Cannabis Business or On -Site Consumption Cannabis Business shall not
operate, and the special use permit shall not be valid, until the applicant has obtained
all licenses and permits issued by the State of New York and any of its agencies for the
dispensary.
Note: Language in bold italics is new language to be added;
Language with line a,..,.,.,, thr-oug is old language to be deleted.
4
(7) A special use permit granted under this Subsection shall have a term limited to the
duration of the applicant's use of the premises as a Retail Cannabis Business or On -
Site Consumption Cannabis Business. A special use permit may be transferred only
with the approval of the Planning Board in the form of an amendment to the special
use permit.
(8) Revocation of Special Use Permit.
(a) Any violation of this Subsection shall be grounds for revocation of a special use
permit issued under this Subsection.
(b) Revocation or expiration of a license by New York State shall be grounds for
revocation of the special use permit.
FF. Agricultural Service Use
(1) All special use permits issued under this Subsection shall contain a condition that the
use shall not operate, and the special use permit shall not be valid, until the applicant
has obtained any licenses and permits required by the State of New York and any of its
agencies for such use.
(2) Revocation of Special Use Permit.
(c) Any violation of this Subsection shall be grounds for revocation of a special use
permit issued under this Subsection.
(d) Revocation or expiration of any license that may be required by New York State for
the Agricultural Service Use shall be grounds for revocation of the special use
permit.
(3) A special use permit granted under this Subsection shall have a term limited to the
duration of the applicant's ownership and use of the premises as an agricultural
services use. A special use permit may be transferred only with the approval of the
Planning Board in the form of an amendment to the special use permit.
(4) Application requirements.
(a) Applicant must submit a plan to ensure compliance with §179-6-030 (Odor) of
the zoning code.
Note: Language in bold italics is new language to be added;
Language withF line ,a,.aw thfa g is old language to be deleted.
5
C. Table 2, entitled "Summary of Allowed Uses in Residential Districts" is amended as
follows:
Land
Moderate Density
Neighborhood
Parkland
Rural
Waterfront
Conservation
Residential
Residential
Recreation
Residential
Residential
Residential Use
LC-10
PR-10
RR-3
Table
LC-42
MDR
NR
PR-42
RR-5
WR
AgrieultuFal
man
SPR
SPR
Agricultural Retail
SPR
SPR
Sales
D. Table 3, entitled "Summary of Allowed Uses in Commercial Districts" is amended as
follows:
Commercial
Commercial
Commercial
Intensive—
EnclosedMain
Shopping
Neighborhood
Office
Recreation Commercial
Commercial
Moderate
Intensive
Exit 18
Center
Street
Commercial
Use Table
CM
Cl
CI-18
ESC
MS
NC
O
RC
< 600 feet
>600 feet
from arterial
from arterial
Cannabis
business, on -site
SUP
consumption
Cannabis
SUP
business, retail
E. Table 4, entitled "Summary of Allowed Uses in Industrial Districts" is amended as
follows:
Industrial Use Table
Veteran's Field
Light Industrial
Commercial Light
Industrial
Heavy
Industrial
VF-LI
CLI
HI
Agricultural service use
&PR SUP
Commercial Nursery
SUP
Section 3. Severability — The invalidity of any clause, sentence, paragraph or
provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part
thereof.
Note: Language in bold italics is new language to be added;
Language with line dr-a.A% flffe "'' is old language to be deleted.
6
Section 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this
Local Law is specifically intended to supersede the amended provisions of the current Town of
Queensbury Zoning Law.
Section 5. Effective Date — This Local Law shall take effect upon filing by the office of
the New York State Secretary of State or as otherwise provided by law.
Note: Language in bold italics is new language to be added;
Language with line dr-a ,,., th,.o is old language to be deleted.
7
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION -Planning Board Recommendation to the Town Board for Cannabis Legislation
WHEREAS, The Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific
cannabis businesses and amend use requirements related to agriculture. The amendments are necessary and
desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent
regulatory pathway for the cannabis industry consistent with state regulations, foster a healthy, diverse and
economically viable cannabis industry that contributes to the local economy, and ensure that environmental,
public health, safety and nuisance factors related to both the cannabis industry and agriculture are adequately
addressed. Local law needs to be reviewed pursuant to the State Environmental Quality Review Act (SEQRA)
before adoption and enactment. Town Board will act as lead agency to review proposal to amend Chapter 179
`Zoning' of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements
related to agriculture;
WHERAS, The Town Board referred this proposed change to the Planning Board for an advisory
recommendation pursuant to Section 179-15-020, resolution number 389-2022 dated onl0/22/2022;
MOTION FOR RECOMMENDATION TO THE TOWN BOARD TO PROVIDE
FAVORABLE/UNFAVORABLE RECOMMENDATION FOR LEGISLATION APPROVAL; AS
WELL AS CONSENTS TO THE TOWN BOARD TO BE LEAD AGENCY FOR THIS MATTER
The Planning Board, based on limited review, has not identified any significant adverse impacts that cannot be
mitigated with this proposal.
Introduced by
who moved for its adoption.
Duly adopted this 151h day of November 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 62-2022 & Petition of Zone Change 4-
2022 @ 84 Eagan Road & 27 Silver Circle
JP Gross Properties
Public Hearing scheduled
SEAR Type I
Draft Resolution- Accept Lead Agency, SEAR, & TB
recommendation
Town of Queensbury Planning Board
Community Development Department Staff Notes
- November 15, 2022
Site Plan 62-2022 & JP GROSS PROPERTIES
Petition of Zone Change 4-2022 84 Eagan Rd, 27 Silver Circle / Waterfront Residential, Commercial
Intensive / Ward 4
SEQR Type I
Material Review: petition of zone change application, site plan application, site drawings for
lot line adjustment and site work, stormwater management
Parcel History: SP 39-2002, SP 138-2016, SP 72-2021, SP (M) 30-2022
Warren Co Referral Sent: September 2022 / Comments: Concur w/local board.
Requested Action
Planning Board review and approval for SEQR and recommendation.
Resolutions
1. SEQR
2. Recommendation
Project Description
Applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel's size to 2.00 acres
in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI parcel. The project
includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter 179-3-040, site plan
review for development of the 4.03 acre portion of the property for outside gravel storage and stormwater
management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9-040, referral
from the Town Board where the Planning Board is to complete the SEQR and provide a recommendation to the
Town Board. Pursuant to chapter 179-3-040, site plan for new use in an industrial zone shall be subject to
Planning Board review and approval upon completion of rezoning. The Planning Board will accept lead agency,
review SEQR, and provide recommendation.
Staff Comments
• Location -The project involves two parcels at this time at 84 Eagan Rd and 27 Silver Circle.
• Arrangement- The project includes a lot line adjustment with the parcel at 84 Eagan Road being reduce
from 6.03 ac to 2.00 ac the remaining 4.03 ac is proposed to be rezone to CLI and merged with 27 Silver
Circle at 9.38 ac for a total lot size for 27 Silver Circle 13.41 ac.
• Site Design- 27 Silver Circle site work would include developing a gravel exterior storage area for materials
and stormwater management. 84 Eagan Road would remain as is no changes to the site.
• Building — There are no changes to buildings at either location.
• Site conditions -A portion of the 4.03 acres is to be graveled with about 142,511 sq ft for storage and
laydown area of materials and equipment.
• Traffic- no additional parking is identified — There are pre existing14 spaces for each warehouse building
and 25 spaces for the Office building (53 total). Staff would suggest confirmation of all buildings uses on
site and parking for each of the uses.
• Grading and drainage plan, Sediment and erosion control -The enter site is to be cleared and graded — the site
is fairly level at this time. The project includes a modification to the existing Stormwater Pollution
Prevention Plan. The applicant's materials have been provided to engineering for review and comment.
• Landscape plan -The applicant proposes to install a 2 ft wide berm and an eight ft tall privacy fence on top of
the berm on the south and West side of the property. This is a continuation of the berm, planting and
fencing that was approved SP-Modification 30-2022.
• Site lighting plan -There is no additional lighting proposed
• Utility details -No change in utilities is proposed.
• Signage-There are no new signs proposed on the site or buildings.
• Elevations, Floor plans -There are no plans for additional buildings and future proposed buildings would
trigger site plan review.
• 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, p floor plans,
• The waivers requested —Staff finds it reasonable to request a waiver for this project as it is specific to
4.03 ac to be converted from a vegetated are to a gravel area for exterior storage of materials and
equipment associated with the existing business on site. Applicant has provided items on j. stormwater,
k. topography,1. landscaping, q. soil logs, r. construction/demolition disposal and s. snow removal.
• 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.
Summary
The Planning Board may conduct an environmental review and provide a recommendation to the Town Board.
Tentative Schedule
• September 2022 Town Board — referral to Planning Board and consent to Lead Agency (completed)
• October 2022 Planning Board — seeks Lead Agency
• November 2022 (30 days) May accept Lead Agency, Planning Board may conduct SEQR, may provide
recommendation to Town Board,
• December 2022 Meeting Town Board Public Hearing Change of Zone,
• January 2023 Meeting Planning Board and Zoning Board
Meeting History: PB: 9/27/2022
LaBeLLa
u Powered by partnership.
October 25, 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@ctueensbury.net
Re: 27 Silver Circle - JP Gross Properties
Town of Queensbury, Warren County, New York
Labella Project # 2220706.40
Queensbury Ref #SP62-2022
Dear Mr. Brown:
LaBella has received the latest submission responding to comments offered by LaBella on September 16,
2022 Based upon our review, LaBella offers the following comments for the Town's considerations:
Stormwater Management and Erosion and Sediment Control Comments
1. In response to comment 6 of the September 16, 2022 LaBella comment letter, the Applicant states,
"the HydroCAD model and site plans have been updated for consistency."
The plans show the overflow spillway as having an invert in HydroCAD as 380.25', while the spot
grades depict an elevation of 379.25'. Further, the basin details show the base of the infiltration
basin labeled as 376.00'. The Applicant to revise accordingly.
2. In response to comment 8 of the September 16, 2022 LaBella comment letter, the Applicant stated
thatthe grass filter strip is 15 foot minimum. However, accordingto Section 6.3.3 of the NYS SMDM,
grass filter strips must have a minimum of 20 feet and can only be used if sheet flow is established
and maintained. The Applicant to clarify the length of the grass filter strip and confirm sheetflow will
be established and maintained. The Applicant should depict the grass filter strip on the grading plan
for clarity and long term maintenance identification and protection of the filter strip.
3. In response to comment 9 of the September 16, 2022 LaBella comment letter, the Applicant states,
"A request has been submitted to New York Natural Heritage; additional documentation will be
provided once it is received." The Applicant to provide the documentation to the Town once it
becomes available.
4. In response to comment 10 of the September 16, 2022 LaBella comment letter, the Applicant
states, "A request for more information has been submitted to NYS Office of Parks, Recreation and
Historic Preservation; additional documentation will be provided once it is submitted." The Applicant
to provide the documentation to the Town once it becomes available.
Conclusion & Recommendation
20 Elm Street I Suite 110 ( Glens Falls, NY 128011 p (518) 812-0513
w wwir.tabettapc.com
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.
Sincerely,
_ 11
Richard Adams, PE
Senior Civil Engineer
cc: Shauna Baker, Town Planning Office Administrator (via email)
Laura Moore, Town Land Use Planner (via e-mail)
File
Town of Queensbury
Community Development Office
"I , 0-W 742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION —ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH
SITE PLAN 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES
Tax Map ID: 309.17-1-3, 309.17-1-17.2 / Property Address: 84 Eagan Rd, 27 Silver Circle/ Zoning: WR, CLI
WHEREAS, the applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel's
size to 2.00 acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI
parcel. The project includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter 179-
3-040, site plan review for development of the 4.03 acre portion of the property for outside gravel storage and
stormwater management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9-
040, referral from the Town Board where the Planning Board is to complete the SEQR and provide a
recommendation to the Town Board. Pursuant to chapter 179-3-040, site plan for new use in an industrial zone
shall be subject to Planning Board review and approval upon completion of rezoning. The Planning Board will
accept lead agency, review SEAR, and provide recommendation.
WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review
process under the State Environmental Quality Review Act (SEQRA).
WHEREAS, in connection with the project, the Town of Queensbury Planning Board, by resolution, previously
authorized the Community Development Office to notify other involved agencies of the desire of the Town
Board to conduct a coordinated SEQR review;
WHEREAS, the Zoning Administrator has advised that other involved agencies have been notified and have
consented to the Town of Queensbury Planning Board being lead agency;
NOW, THEREFORE BE IT RESOLVED:
MOTION TO ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH SITE PLAN 62-
2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES, Introduced by
who moved for its adoption,
As per the draft resolution prepared by staff.
Duly adopted this 15a' day of November 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
SEQR RESOLUTION — Grant Positive or Negative Declaration
SITE PLAN 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES
Tax Map ID: 309.17-1-3, 309.17-1-17.2 / Property Address: 84 Eagan Rd, 27 Silver Circle / Zoning: WR, CLI
The applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel's size to 2.00
acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI parcel. The
project includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter 179-3-040, site
plan review for development of the 4.03 acre portion of the property for outside gravel storage and stormwater
management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9-040, referral
from the Town Board where the Planning Board is to complete the SEQR and provide a recommendation to the
Town Board. Pursuant to chapter 179-3-040, site plan for new use in an industrial zone shall be subject to
Planning Board review and approval upon completion of rezoning. The Planning Board will accept lead agency,
review SEQR, and provide recommendation.
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 151h day of November 2022 by the following vote:
W AIR ]
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 -Planning Board Recommendation to the Town Board for Zoning Change
Change from Waterfront Residential to Commercial Light Industrial
SITE PLAN 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES
Tax Map ID: 309.17-1-3, 309.17-1-17.2 /Address: 84 Eagan Rd, 27 Silver Circle / Zoning: WR, CLI
WHEREAS, the applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel's
size to 2.00 acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI
parcel. The project includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter 179-
3-040, site plan review for development of the 4.03 acre portion of the property for outside gravel storage and
stormwater management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9-
040, referral from the Town Board where the Planning Board is to complete the SEQR and provide a
recommendation to the Town Board. Pursuant to chapter 179-3-040, site plan for new use in an industrial zone
shall be subject to Planning Board review and approval upon completion of rezoning. The Planning Board will
accept lead agency, review SEQR, and provide recommendation.
WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to commercial light industrial.
The Town Board referred this proposed change to the Planning Board for an advisory recommendation pursuant
to Section 179-15-020, resolution number 359, 2022 dated on September 26, 2022;
MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE/UNFAVORABLE
FOR ZONING CHANGE FROM WATERFRONT RESIDENTIAL TOCOMMERCIAL LIGHT
INDUSTRIAL;
The Planning Board based on limited review has not identified any significant adverse impacts that cannot be
mitigated with this proposal.
Introduced by
who moved for its adoption.
Duly adopted this 151h day of November 2022 by the following vote:
AYES:
NOES:
Phone: 518.761.8220 1 Fax: 518.745.4437 1742 Bay Road, Queensbury, NY 128041 www.queensbury.net
Site Plan 76-2022 @ 28 Holly Lane
3 Sons and Holly, LLC.
No public hearing
Draft resolution- Planning Board Recommendation
to the Zoning Board of Appeals
Town of Queensbury Planning Board
at Community Development Department Staff Notes
November 15, 2022
Site Plan 76-2022 3 SONS AND HOLLY, LLC.
28 Holly Lane / Waterfront Residential / Ward 1
SEQR Type II
Material Review: site plan application, survey, photos, stormwater, elevations and floor plans
Parcel History: AV 63-2022
Warren Co Referral Sent: November 2022 / Comments: Concur w/local board. Informal staff comments:
Encourage discussion about protecting shoreline, stormwater measures, and fertilizer
seepage into lake.
Requested Action
Recommendation to the Zoning Board of Appeals
Resolutions
1. Recommendation
Project Description
Applicant proposes alterations to an existing home and site. The project includes a 416 sq ft addition to an
existing home with a 1,275 sq ft footprint. There is to be a new 72 sq ft porch and a new 200 sq ft porch with a
new floor area of 3,225 sq ft. Site work includes installation of an on -grade paver patio area with stone slab
patch and enlarging the fire pit area. Additionally, there is to be a raingarden and shoreline plantings added to
the site. There is no change to the existing 1,152 sq ft footprint of the garage and living space. Pursuant to
chapter 179-3-040, 179-6-065, 147, and 179-4-080, site plan for new floor area in a CEA, expansion of a non-
conforming structure, and hard surfacing within 50 ft of the shoreline shall be subject to Planning Board review
and approval. Variance: Relief is sought for permeability, and setbacks.
Staff Comments
• Location -The project site is located at 28 Holly Lane on a 0.34 ac parcel in the Waterfront Residential zone
• Arrangement- The site has an existing home, detached garage, storage shed and other residential related
items ie steps to the lake.
• Site Design- The plans indicate there is to be a new residential addition to the front of the existing home and
new patio area on the shoreside of the home.
• Building — The existing home is 1,275 sq ft footprint with a porch of 72 sq ft and a deck of 365 sgft. The
existing floor area is 2,809 sq ft. The addition is to be 416 sq ft and new floor area is to be 3,225 sq ft
• Grading and drainage plan, Sediment and erosion control -The plan indicates rain gardens to be installed and
a planted depression area to manage stormwater. The materials have been referred to the Town Engineer for
review and comment.
• Landscape plan- The project site is located on Lake George and is subject to the shoreline buffer review.
The plans indicate existing plantings and trees to remain. The plans also show an area of proposed buffer
plantings, shrubbery and perennials. The plans also show plantings along the north property line. 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
-129 ft of shoreline per site plan
-Shoreline buffer 129 ft X 35 ft width is 4515 sq ft
-Shoreline buffer area -4515 /700 = 6.5 round up to 7 -seven large trees at 3 inch diameter
-Ground cover-4515/350 = 12.9 round up to 13 (X7) =91 native shrubs and 13 (X14) herbaceous
plants=182
o Shoreline Cutting restrictions and Cutting Plan- Section 179-6-050 -
within 35 ft lakes or ponds & 75 ft streams, wetlands and rivers no vegetation within the first 6 ft
and no woody vegetation greater than one inch dbh removed from 6 ft to 35ft/75 ft area to be
maintained as natural buffer - A cutting plan allowing greater may be permitted by the Planning
Board
- Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75
ft whichever is less
- 129 ft Shoreline X 30%= 38.7 feet of the shoreline buffer cut to allow a view, access and to reduce
runoff (such as angled across the lot). A cutting plan allowing greater may be permitted by the
Planning Board
Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable
within the 30%/75 ft cut area.
• Site lighting plan -The plans include the recessed lighting to be installed for the new addition.
• Site details -The project include a patio area to be installed that is hard surfacing within 50 ft of the
shoreline.
• Utility details -The plans show the septic system on the site.
• Elevations -The plans show the elevation of the new addition area
• Floor plans -The floor plans include the existing garage with residential use above - noting the garage with
residential use has been there since 1958 pre existing structure and use. The floor plans for the main home
show the addition, the arrangement of the living space and the deck addition.
• 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
Relief is requested for permeability where 68.14% is proposed and 75% is required. Existing is 71.6%. The
deck to be setback 39 ft where a 50 ft setback is required. Relief is requested for stormwater device where 35 ft
is proposed and 100 ft setback is required.
Summary
The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for
permeability and setbacks
Meeting History: 1" Meeting
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION -Planning Board Recommendation to Zoning Board of Appeals
Area Variance 63-2022 3 SONS AND HOLLY, LLC.
Tax Map ID: 239.12-2-57 / Property Address: 28 Holly Lane / Zoning: WR
The applicant has submitted an application for the following: Applicant proposes alterations to an existing home
and site. The project includes a 416 sq ft addition to an existing home with a 1,275 sq ft footprint. There is to be
a new 72 sq ft porch and a new 200 sq ft porch with a new floor area of 3,225 sq ft. Site work includes
installation of an on -grade paver patio area with stone slab patch and enlarging the fire pit area. Additionally,
there is to be a raingarden and shoreline plantings added to the site. There is no change to the existing 1,152 sq
ft footprint of the garage and living space. Pursuant to chapter 179-3-040, 179-6-065, 147, and 179-4-080, site
plan for new floor area in a CEA, expansion of a non -conforming structure, and hard surfacing within 50 ft of
the shoreline shall be subject to Planning Board review and approval. Variance: Relief is sought for
permeability, and setbacks.
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 63-2022 3 SONS AND HOLLY, LLC,
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 151h day of November 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 75-2022 @ 1516 Ridge Road
Loreen Harvey/Kasselman Solar
No public hearing
Draft resolution- Planning Board Recommendation
to the Zoning Board of Appeals
Town of Queensbury Planning Board
Community Development Department Staff Notes
November 15, 2022
Site Plan 75-2022 LOREEN HARVEY/KASSELMAN SOLAR
1516 Ridge Road / Moderate Density Residential / Ward 1
SEQR Type II (less than 4,000 sq ft)
Material Review: site plan application, subdivision, site plan drawing, solar panel details
Parcel History: AV 60-2022
Warren Co Referral Sent: November 2022 / Comments: Concur w/local board. Informal staff comments:
Encourage discussion regarding reduction of glare through panel placement and/or
surface treatment.
Requested Action
Recommendation to the Zoning Board of Appeals
Resolutions
1. Recommendation
Project Description
Applicant proposes a South facing ground mounted solar project for 25.92 kW (54 panels), approximately 1,348
sq ft. The existing 5,035 sq ft home is to remain unchanged. The project will be located on the North property
line where no vegetation will be removed. Pursuant to chapter 179-5-140, site plan for a residential ground
mounted solar project shall be subject to Planning Board review and approval. Variance: Relief is sought for
setbacks. The Planning Board shall make a recommendation to the Zoning Board of Appeals.
Staff Comments
• Location -The project is located at 1516 Ridge Road on 6.10 ac parcel zoned Moderate Density residential.
• Arrangement- The site has existing home and associated residential elements.
• Site Design- The plan is to install a 54 panel ground -mounted solar array on the north property line.
• Building — The existing home of 5,035 sq ft, a porch area of 1,227 sq and a shed of about 240 sq ft is to
remain with no changes.
• Grading and drainage plan, Sediment and erosion control -The plans show the location of the panels with
disturbance of about .25 ac. The plans indicate a fairly level area for placement.
• Landscape plan -The applicant does not indicate any tree removal. The ground mount solar guidance on
vegetation is ..."Ground -mounted and freestanding solar collectors shall be screened as much as practicable
from adjoining lots and street rights -of -way through the use of architectural features, earth berms,
landscaping, fencing or other screening which will harmonize with the character of the property and
surrounding area. The proposed screening shall not, however, interfere with the normal operation of the
solar collectors...." The Board may request additional information in regards to screening.
Site lighting plan -The plans do not indicate if there will be site lighting.
Utility details -There are no changes proposed for the existing utilities.
Elevations, Floor plans -The applicant has provided details on the panel arrangement.
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
The solar array is proposed to be located at 0 ft setback where 75 ft setback is required.
Summary
The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for setbacks
Meeting History: 1"Meeting
Gws
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 60-2022 LOREEN HARVEY/KASSELMAN SOLAR
Tax Map ID: 266.3-1-76.1 / Property Address: 1516 Ridge Road / Zoning: MDR
The applicant has submitted an application for the following: Applicant proposes a South facing ground
mounted solar project for 25.92 kW (54 panels), approximately 1,348 sq ft. The existing 5,035 sq ft home is to
remain unchanged. The project will be located on the North property line where no vegetation will be removed.
Pursuant to chapter 179-5-140, site plan for a residential ground mounted solar project shall be subject to
Planning Board review and approval. Variance: Relief is sought for setbacks. The 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 60-2022 LOREEN HARVEY/KASSELMAN
SOLAR
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 151" day of November 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 74-2022 @ 5 Chestnut Road
Steve & Tracey Bureau
No public hearing
Draft resolution- Planning Board Recommendation
to the Zoning Board of Appeals
Town of Queensbury Planning Board
Community Development Department Staff Notes
November 15, 2022
Site Plan 74-2022 STEVE AND TRACEY BUREAU
5 Chestnut Road / Waterfront Residential / Ward 1
SEQR Type II
Material Review: site plan application, site drawings, photos, elevation
Parcel History: AV 59-2022
Requested Action
Recommendation to the Zoning Board of Appeals
Resolutions
1. Recommendation
Project Description
Applicant has constructed a 45 sq ft mudroom and a 22.1 sq ft addition/closet to an existing home that has a
footprint of 1,110 sq ft and deck/porch of 463 sq ft. In addition, applicant replaced a garage with a 228 sq ft
shed. The home has a floor area of 1,338 sq ft. Pursuant to chapter 179-3-040, 179-6-065, 179-5-020 & 179-13-
010 site plan for new floor area in a CEA, shed installation and expansion of a non -conforming structure shall
be subject to Planning Board review and approval. Variance: Relief is sought for setbacks and expansion of a
non -conforming structure. The Planning Board shall make a recommendation to the Zoning Board of Appeals.
Staff Comments
• Location -The project site is located at 5 Chestnut Road on a 0.19 ac parcel in the Waterfront Residential
zone.
• Arrangement- The site has an existing home with a deck and a shed.
• Building — The existing home has a 1110 sq ft footprint home, 463 sq ft open deck, and a 228 sq ft shed.
The improvements to the shed occurred shortly after the 2016 purchase where it was a replacement of
garage with the shed.
• Grading and drainage plan, Sediment and erosion control -The project has already been constructed so there
is no grading proposed at this time. The plans indicate roof and pavement drainage are handled with stone
infiltration trenches at the eaves, parking and walking areas.
• Landscape plan- The project site is located on Glen Lake and is subject to the shoreline buffer review. The
plans indicate existing plantings and trees to remain. The plans also show an area of proposed buffer
plantings, shrubbery and perennials. Below are the guidelines from the shoreline buffer code section
o Shoreline Buffer - Section 179-8-040
-Minimum width 20 ft (Glen Lake)
-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
-57 ft of shoreline per survey
-Shoreline buffer 57 ft X 20 ft width is 1140 sq ft
-Shoreline buffer area -1140 /700 = 1.6 round up to 2 —two large trees at 3 inch diameter
-Ground cover-1140/350 = 3.3 round up to 4 (X7) =28 native shrubs and 4 (X14) herbaceous plants=56
o Shoreline Cutting restrictions and Cutting Plan- Section 179-6-050 -
within 35 ft lakes or ponds & 75 ft streams, wetlands and rivers no vegetation within the first 6 ft
and no woody vegetation greater than one inch dbh removed from 6 ft to 35ft/75 ft area to be
maintained as natural buffer —A cutting plan allowing greater may be permitted by the Planning
Board
Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75
ft whichever is less
57 ft Shoreline X 30%= 17.1 feet of the shoreline buffer cut to allow a view, access and to reduce
runoff (such as angled across the lot). A cutting plan allowing greater may be permitted by the
Planning Board
Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable
within the 30%/75 ft cut area.
• Site lighting plan- The existing lighting is recessed downcast fixtures with cut-off lenses at the entrances
and ground mounted fixtures at the walkways as noted on the submitted materials.
• Utility details -The applicant has updated the sept system as of May 2022 with Board of Health approval 23-
2022. Water source is drawing from the lake.
• Elevations -The applicant has provided photos of the existing home and shed as current conditions
• Floor plans -The floor plans show the existing configuration with the mudroom and the closet space.
• Waivers -Planning staff has reviewed the applicants request for waivers that include items, h. signage, n
traffic, o. commercial alterations/ construction details, 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. The applicant has provided information on g. site lighting, j.
stormwater, k. topography,1. landscaping, p floor plans.
• 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 existing shed is located 17 ft from the front setback where a 30 ft setback is required and 5 ft 9 inches from
the north side setback where 15 ft is required. The closet addition is 8 ft 7 inches from the south side setback
where a 15 ft setback is required.
Summary
The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for setbacks
Meeting History: lst Meeting
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION -Planning Board Recommendation to Zoning Board of Appeals
Area Variance 59-2022 STEVE & TRACEY BUREAU
Tax Map ID: 289.13-1-7 / Property Address: 5 Chestnut Road / Zoning: WR
The applicant has submitted an application for the following: Applicant has constructed a 45 sq ft mudroom and
a 22.1 sq ft addition/closet to an existing home that has a footprint of 1,110 sq ft and deck/porch of 463 sq ft. In
addition, applicant replaced a garage with a 228 sq ft shed. The home has a floor area of 1,338 sq ft. Pursuant
to chapter 179-3-040, 179-6-065, 179-5-020 & 179-13-010 site plan for new floor area in a CEA, shed
installation and expansion of a non -conforming structure shall be subject to Planning Board review and
approval. Variance: Relief is sought for setbacks and expansion of a non -conforming structure. The 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 59-2022 STEVE & TRACEY BUREAU
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.
1'
b) The Planning Board, based on a limited review, has identified the following areas of concern:
1)
Duly adopted this 15" day of November 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 72-2022 @ 102 Ash Drive
Mark Prendeville
Public hearing scheduled
Draft resolution- grant/deny site plan approval
Town of Queensbury Planning Board
Community Development Department Staff Notes
November 15, 2022
Site Plan 72-2022 MARK PRENDEVILLE
102 Ash Drive / Waterfront Residential / Ward 1
SEQR Type II
Material Review: site plan application, stormwater report and survey
Parcel History: SP 48-2020, AV 37-2020, AV 17-2021
Requested Action
Planning Board review and approval for demolition of an existing home in order to construct a new home with
deck/porch areas.
Resolutions
1. PB decision
Project Description
Applicant proposes to demolish the existing home and construct a new 1,144 sq ft footprint with a deck of 396
sq ft and a 32 sq ft porch. The new home is to be 2,440 sq ft floor area. Site work includes updating the
driveway area, grading for the house site, new septic, shoreline plantings and stormwater management. Pursuant
to chapter 179-3-040 & 179-6-065, site plan for new floor area in a CEA and hard surfacing within 50 ft of the
shoreline shall be subject to Planning Board review and approval.
Staff Comments
• Location -The project site is on a 0.62 ac parcel in the Waterfront Residential zone
• Site Design- The existing home is to be removed and the new home with associated site work ie septic. The
driveway is to be remain with a portion towards the new to be adjusted and one shed to be removed.
• Building — The new home is to be 3- bedrooms with a floor area of 2,440 sq ft with a ground floor and main
floor (2 floor structure)
• Grading and drainage plan, Sediment and erosion control -The plans indicate there will be gutter system for
the roof,
• Landscape plan- The project site is located on Glen Lake and is subject to the shoreline buffer review. The
plans indicate existing plantings and trees to remain. The plans also show an area of proposed buffer
plantings, shrubbery and perennials. Below are the guidelines from the shoreline buffer code section
o Shoreline Buffer - Section 179-8-040
-Minimum width 20 ft (Glen Lake)
-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
-101 ft of shoreline per survey
-Shoreline buffer 101 ft X 20 ft width is 2020 sq ft
-Shoreline buffer area -2020 /700 = 2.8round up to 3 -three large trees at 3 inch diameter
-Ground cover-2020/350 = 5.7 round up to 6 (X7) =42 native shrubs and 6 (X14) herbaceous plants=84
o Shoreline Cutting restrictions and Cutting Plan- Section 179-6-050 -
- within 35 ft lakes or ponds & 75 ft streams, wetlands and rivers no vegetation within the first 6 ft
and no woody vegetation greater than one inch dbh removed from 6 ft to 35ft/75 ft area to be
maintained as natural buffer -A cutting plan allowing greater may be permitted by the Planning
Board
- Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75
ft whichever is less
- 101 ft Shoreline X 30%= 30.3 feet of the shoreline buffer cut to allow a view, access and to reduce
runoff (such as angled across the lot). A cutting plan allowing greater may be permitted by the
Planning Board
- 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 was not noted and the applicant is reminded lighting fixtures are to be down cast
cut office fixtures.
• Utility details- There is to be a new septic system installed and water will be taken from an existing well.
• Elevations -The plans indicate the new home is to be 27.8 ft in height. The elevation views show all four
sides of the home
• Floor plans -The floor plans indicate there are two bedrooms at the foundation level and one bedroom at the
main floor. The kitchen, dining and living area on the main floor. The foundation floor plan indicates there
is a sitting area, storage and mechanical.
• 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 for j. stormwater, k.
topography,1. landscaping, p floor plans, and 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.
Summary
The applicant has completed a site plan application for the removal of an existing home and construction of a
new home and associated site work.
Meeting History: 1"Meeting
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 72-2022 MARK PRENDEVILLE
Tax Map ID: 289.13-1-58 / Property Address. 102 Ash Drive / Zoning: WR
The applicant has submitted an application the Planning Board: Applicant proposes to demolish the existing
home and construct a new 1,144 sq ft footprint with a deck of 396 sq ft and a 32 sq ft porch. The new home
is to be 2,440 sq ft floor area. Site work includes updating the driveway area, grading for the house site, new
septic, shoreline plantings and stormwater management. Pursuant to chapter 179-3-040 & 179-6-065, site
plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline shall be subject to Planning
Board review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
The Planning Board opened a public hearing on the Site plan application on 11/15/2022 and continued the
public hearing to 11/15/2022, 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 11/15/2022;
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 72-2022 MARK PRENDEVILLE; 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.
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;
Page i of 2
Phone: 518.761.8220 I Fax: 518.745.4437 1742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net
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 15th day of November 2022 by the following vote:
AYES:
NOES:
Page 2 of 2
Phone: 518.761.8220 ( Fax: S18.74S.4437 1742 Bay Road, Queensbury, NY 128041 www.queensbury.net
Subdivision Modification 13-2022 @ 10 Polk Drive
Rockh u rst, LLC.
Public Hearing scheduled
Unlisted SEAR
Draft resolution- Reaffirm SEAR, grant/deny
subdivision modification
Town of Queensbury Planning Board
Community Development Department Staff Notes
November 15, 2022
Subdivision Modification 13-2022 ROCKHURST, LLC.
10 Polk Drive / Waterfront Residential / Ward 1
SEQR Unlisted
Material Review: final stage application, survey, site plan
Parcel History: SUB 12-1992, SUB 5-1993, AV 22-2020, AV 49-2020, AV 20-2021
Requested Action
Planning Board review and approval for modification of a previously approved 2 lot subdivision.
Resolutions
1. reaffirm seqr
2. PB decision
Proiect Description
Applicant proposes to modify a 2 lot subdivision (Subdivision 5-1993) to a 50 ft setback versus the 75 ft
setback as noted on the plat. The applicant has indicated that the Town code requirement has been revised from
a 75 ft setback to a 50 ft setback. The Lot 1 site has construction of a previously approved single family home.
The Lot 2 parcel would be proposed to be redeveloped with a single family home and associated site work for
septic, stormwater controls, shoreline plantings. Pursuant to chapter 183, subdivision modification shall be
subject to Planning Board review and approval.
Staff Comments
Modification of Final Stage Review —
Layout plans —The project area was an approved subdivision in SUB 5-1993 for a two lot subdivision. There is
one existing home that was recently constructed on Lot 1 which received an area variance for setback. The
applicant proposes to modify the subdivision for lot 2 for a shoreline setback of 50 ft to be consistent with
current shoreline setback standards..
Construction details — The plans show proposed house location on lot 2 and the existing home on lot 1, with
septic, and water source.
Landscape plans —The project for a two lot subdivision is not subject to landscaping requirement however when
the new home is proposed the project will be subject to site plan review and related items such as shoreline
buffer as part of the review process..
Clearing plan —There is no proposed clearing plan at this time
Grading and erosion plans —There is no proposed grading or erosion control plans at this time
The Environmental report — The previous SEQR negative declaration completed in 1993 is to be reaffirmed.
Stormwater management —The modification to the setback to be consistent with the Town's requirements does
not trigger sormwater management, however as previously noted Lot 2 will be subject to site plan review dues
Fees —per application.
Waivers —the applicant has not requested waivers
Open Space —there is no proposal for open space
Streets —the plans show no new streets.
Summary
The applicant has completed a final stage application to complete the modification of the subdivision. The
project is to amend the shoreline setback line from 75 ft to 50 ft on Lot 2.
Meeting History: 1 sc Meeting
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
SEQR RESOLUTION — Reaffirm Previous SEQR
SUBDIVISION MODIFICATION 13-2022 ROCKHURST, LLC.
Tax Map ID: 239.12-2-35.1 / Property Address: 10 Polk Drive/ Zoning: WR
The applicant proposes to modify a 2 lot subdivision (Subdivision 5-1993) to a 50 ft setback versus the 75 ft
setback as noted on the plat. The applicant has indicated that the Town code requirement has been revised from
a 75 ft setback to a 50 ft setback. The Lot 1 site has construction of a previously approved single family home.
The Lot 2 parcel would be proposed to be redeveloped with a single family home and associated site work for
septic, stormwater controls, shoreline plantings. Pursuant to chapter 183, subdivision modification shall be
subject to Planning Board review and approval.
Whereas, the Planning Board approved a resolution on February 23, 1993 adopting SEQRA determination of
non -significance (SEQR REVIEW 4-1993), and
Upon review of the information provided, it is the conclusion of the Town of Queensbury Planning Board as
lead agency reaffirms that this project will result in no significant adverse impacts on the environment, and,
therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is
issued.
MOTION TO REAFFIRM NEGATIVE DECLARATION FOR THE PROPOSED SUBDIVISION
MODIFICATION 13-2022 ROCKHURST, LLC. Introduced by who moved for its adoption,
seconded by
Duly adopted this 151h day of November 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 —Approve / Deny SUBDIVISION MODIFICATION 13-2022 ROCKHURST, LLC.
Tax Map ID: 239.12-2-35.1 / Property Address: 10 Polk Drive / Zoning: WR
A subdivision application has been submitted. Applicant proposes to modify a 2 lot subdivision (Subdivision
5-1993) to a 50 ft setback versus the 75 ft setback as noted on the plat. The applicant has indicated that the
Town code requirement has been revised from a 75 ft setback to a 50 ft setback. The Lot 1 site has
construction of a previously approved single family home. The Lot 2 parcel would be proposed to be
redeveloped with a single family home and associated site work for septic, stormwater controls, shoreline
plantings. Pursuant to chapter 183, subdivision modification shall be subject to Planning Board review and
approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter A-183, the Planning Board
has determined that this proposal satisfies the requirements as stated in the Zoning Code;
The requirements of the State Environmental Quality Review Act have been considered and the Planning
Board has adopted a SEQRA Negative / Positive Declaration
A public hearing was scheduled and held on November 15, 2022.
This application is supported with all documentation, public comment, and application material in the file of
record;
MOTION TO APPROVE / DISAPPROVE SUBDIVISION MODIFICATION 13-2022
ROCKHURST, LLC. Introduced by who moved for its adoption,
Per the draft provided by staff conditioned upon the following where the property owner is responsible for
the following:
Duly adopted this 15t1i day of November 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