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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