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Staff Notes for 11/29/2022STAFF NOTES NOVEMBER 29 2022 Queensbury Planning Board Agenda Second Regular Meeting: Tuesday, November 29, 2022 / Time 7 - 11 pm Queensbury Activities Center @ 742 Bay Road REVISED Administrative Item Planning Board Vote for 2023 Calendar Meeting pates Tabled Item Applicant(s) ERIC CARLSON Application Type Site Plan 26-2022 Freshwater Wetlands 5-2022 Owner (s) Same as applicant A_ i SEQR Type_ _ -� Type II _ Agent(s) EDP (Chris Keil) Lot size ( 1.25 acres `- ! Location ( 67 Bra on Lane Ward: 1 Zoning Classification: WR j Tax ID No. 239.12-2-84 Ordinance Reference ( 179-3-040, 179-6-065, 147 chapter 94 j Cross Reference SEP 241-2019, AV 20-2022 Warren Co. Referral May 2022 Public Hearing May 26, 2022, July 26, 2022, November 29, 2022 E Site Information APA, LPGC, CEA _ Project Description: (Revised) Applicant proposes to demolish an existing home and detached garage to construct a new home with a footprint of 3,381 sq ft with an attached garage. New floor area to be 6,033 sq ft. The project includes stormwater management, alteration of a shared driveway and parking arrangement, as well as grading and erosion control. The house is to have 3 bedrooms. Pursuant to chapter 179-3-040, 179-6-065, 147 chapter 94, new floor area in a CEA, hard surfacing within 50 ft of the shoreline, a new structure within 50 ft of 15% slopes, work within 100 feet of wetlands, and driveway of 10% slope shall be subject to Planning Board review and approval. -j Tabled Item- Unapproved Development Applicant(s) _REDS LG LLC Application TXpeSite Plan 29-2022 - Owner (s) Same as applicant SEQR Tye -_J Type II _ Agent(s) EDP (Nick Zeglen) _ ---- j Lot size 0.53 acres j Location 7, 9 & 13 Nutley Lane Ward: 1I Zoning Classification: WR - Tax ID No. 239.17-1-15 Ordinance Reference ( 179-3-040, 179-6-065, 179-6-050, 179-13-010, 147 Cross Reference SEP 37-2021, AV 21-2022 Warren Co. Referral ( May 2022 Public Hearing May 26, 2022, July 26, 2022, September 27, I Site Information { APA, LPGC, CEA 2022, November 29, 2022 Project Description: (Revised) The applicant proposes to complete alterations to two existing dwelling units on the site and reduction of 7 Nutley Lane j to an accessory structure. Site work had started on all three buildings prior to review. Alterations include 7 Nutley Lane now reduced to 330 sq. ft. Alterations to 9 Nutley Lane 704 sq. ft. footprint with two bedrooms and kitchen floor area of 1,408 sq. ft., new open deck of 440 sq. ft. - walkout area j below; interior alterations for 13 Nutley Lane existing floor area 2,053 sq. ft. with four bedrooms. Project includes grass depression areas, shoreline I plantings, construction of a rock wall with steps and reduction of hard surfacing.. Project subject to site plan for new floor area for 7 Nutley Lane, expansion of non -conforming structure for 9 Nutley Lane, hard surfacing within 50 ft of the shoreline. Pursuant to Chapter 179-3-040, 179-6-065, 147, shall be subject to Planning Board review and approval. - New Business: Applicant(s) SCHERMERHORN RESIDENTIAL Application Type Site Plan 73-2022 HOLDINGS - Freshwater Wetlands 18-2022 --_ Owner (s) i Same as applicant - _ _ _ " { SEQR Type Ty ell _ Agent(s) j EDP Lot size { 15.25 Acres Location 67 Haviland Road _ � Ward: I__ _]__Zoning Classification: PUD Tax ID No. 289.16-1-5 ( Ordinance Reference 179-3-060, 179-6-050, 94 -- - Cross Reference SUB 7-2005 Warren Co. Referral 1 November 2022 Public Hearing November 29, 2022 _-� Site Information j Wetlands Project Description: Applicant proposes a 1,650 linear feet driveway at 18 ft width to be constructed on a 15.2 acre parcel. The project includes disturbance and work within 100 ft of a designated wetland and work in the wetland for driveway crossing. Stormwater management is also proposed for the project. Pursuant to chapter 179-3-060, 179-6-050, 94, site plan for development of a driveway and work within 100 ft of wetlands shall be subiect to Planning Board review and approval. Old Business: Applicant(s) iLOREEN HARVEY/KASSELMAN SOLAR_ Application Type J Site Plan 75-2022- Owner (s) Rory Russell Trust SEQR Tyke _] Tyke lI `Agent(s) Loreen Harvey Lot size ( 6.1 acres ------------- Location ( 1516 Ridge Road ( Ward: 1 _) Zoning Classification: MDR ------_ �_.J Tax ID No. 266.3-1-76.1 ( Ordinance Reference i 179-5-140 Cross Reference AV 60-2022 ( Warren Co. Referral November 2022 Public Hearing November 29, 2022 ( 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. I I lication T e �A plicant(s) (_3 SONS AND HOLLY LLC. A _Pp ' � � Site Plan 76-2022 Owner (s) ( Same as applicant i SEQR Type _J _Type II Agent(s) Studio A _ _ _ { Lot size .38 acre Location 28 Holly Lane —_ Ward_: 1 1 Zoning Classification: WR _ _— Tax ID No. 239.12-2-57 ( Ordinance Reference 179-3-040, 179-6-065, 147, 179-4-080 A Cross Reference AV 63-2022 ( Warren Co. Referral November 2022 Public Hearing November 29, 2022 Site Information j 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 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. _j Old Business- Town Board Referral Applicant(s) GARDEN WORLD ASSOCIATES Application Type I Site Plan 69-2022 Petition for Zone Change 5-2022 — Owner (s) ( Same as applicant SEQR Type Type I Agent(s) ( Hutchins Engineering Lot size j .32 acres, .76 acres i Location f 2 Carlton Drive/537 Aviation Road _Ward: 2 Zoning Classification: MDR, Cl Tax ID No. 302.5-1-49, 302.5-1-50 Ordinance References 179-3-040, 179-15-040 ! _ Cross Reference SP 49-2017, AV 44-2017, AV 50-2022 _Warren Co. Referral ! October 2022 Public Hearing November 29, 2022 Site Information j Travel Corridor Overlay_______ Project Description: Applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Dive identified as Parcel # 302.5-1-49 from Moderate Density Residential to Commercial Intensive. The project also includes a parking lot expansion of a 0.76 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The project includes associated site work to increase parking to 86 spaces. The project also includes a parcel merge. Pursuant to chapter 179-3-040, 179-15-040, petition of zone change, Town Board referral, SEQR for petition of zone change and parking expansion, Zoning Board of Appeals for variance relief and Planning Board recommendation shall be subject to Planning Board review and approval. The Planning Board may accent lead aeencv, review SEOR and provide recommendation. Variance: Relief is sought for permeability. Old Business- Unapproved Development: Applicant(s) ( STEVE & TRACEY BUREAU_ `� Application TySite Plan 74-2022 Owner (s) ( Same as applicant _� SEQR Type Type II Agents) ( Rucinski Hall Architecture Lot size _� i16 acre _ Location ( 5 Chestnut Road _� Ward: 1 _ � Zoning Classification: WR Tax ID No. 289.13-1-7 _ _ -- — Ordinance Reference J 179-3-040, 179-6-065, 179-5-020, 179-13-010 Cross Reference AV 59-2022 � `Warren Co. Referral J n/a Public Hearing November 29, 2022 _— _ { Site Information , CEA, Glen Lake —_ 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 li 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. - Any further business which may be properly brought before the Board - Administrative Items: Planning Board Vote to Approve 2023 Calendar Meeting Dates CUM h gal Na, Town of Queensbury "LCommunity Development Office l 742 Bay Road, Queensbury, NY 12804 TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION — APPROVAL OF CALENDAR YEAR 2023 MEETING DATES MOTION TO APPROVE CALENDAR YEAR 2023 PLANNING BOARD MEETING DATES. Introduced by who moved for its adoption, Duly adopted this 29th 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 26-2022 & Freshwater Wetlands 5-2022 @ 67 Brayton Lane Eric Carlson Public hearing scheduled SEAR II Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board et Community Development Department Staff Notes November 29, 2022 Site Plan 26-2022 & ERIC CARLSON Freshwater Wetlands 5-2022 67 Brayton Lane / Waterfront Residential / Ward 1 SEAR Type II Material Review: application, FWW permit, site plans, floor plans, elevation, stormwater, survey, revised plans Parcel History: SEP 241-2019, AV 20-2022 Warren Co Referral Sent: May 2022 / Comments: Concur w/local board. Requested Action Planning Board review and approval to demolish existing home and garage to construct new home with attached garage. Resolutions 1. PB decision Project Description (Revised) Applicant proposes to demolish an existing home and detached garage to construct a new home with a footprint of 3,381 sq ft with an attached garage. New floor area to be 6,033 sq ft. The project includes stormwater management, alteration of a shared driveway and parking arrangement, as well as grading and erosion control. The house is to have 3 bedrooms. Pursuant to chapter 179-3-040, 179-6-065, 147 chapter 94, new floor area in a CEA, hard surfacing within 50 ft of the shoreline, a new structure within 50 ft of 15% slopes, work within 100 feet of wetlands, and driveway of 10% slope shall be subject to Planning Board review and approval Staff Comments • Location -The project is located at 67 Brayton Lane on a 1.25 acre parcel. • Arrangement- The project includes demolition of the existing home and out buildings. The existing home was about 43 ft to the shoreline where the new home is to be 50 ft from the home. • Building — The new home is to be 3,381 sq ft with an attached garage area. • Grading and drainage plan, Sediment and erosion control -The plans indicate 6 depression areas and 2 rain gardens to be installed. The plans have been provided to the Town Engineer for review and comment. • Landscape plan -The plans shows vegetation removal and a new planting plan for the shoreline area. The project site is located on Lake George and is subject to the shoreline buffer review. The applicant proposes no changes to the existing shoreline area. Below are the guidelines from the shoreline buffer code section o Shoreline Buffer - Section 179-8-040 -Minimum width 35 ft (Lake George) -For every 700 sq ft 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 -126 ft of shoreline per RPS information -Shoreline buffer 126 ft X 35 ft width is 4410 sq ft -Shoreline buffer area -4410 /700 = 6.3 round up to 7 -seven large trees at 3 inch diameter -Ground cover -4410 /350 = 12.6 round up to 13(X7) =91 native shrubs and 13 (X14) herbaceous plants=182 o Shoreline Cutting restrictions- Section 179-6-050 - Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75 ft whichever is less - 126 ft Shoreline X 30%= 37.8 ft (if greater than 75 ft) would be reduced to maximum of 75 ft feet of the shoreline buffer cut to allow a view, access and to reduce runoff (such as angled across the lot).Noting if in excess of 30%/75 ft site plan review for cutting plan. - 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 note typical residential lighting to be installed - all down cast fixtures • Utility details -The plans show the septic field to be used. A septic certification letter has been provided. • Elevations -The home is to be 27ft 5 inches at the highest point of the home. There will be bed rooms and storage areas near and above garage area space. • Floor plans -The first floor plans indicate a master bedroom and great room in the main home, a changing room and garage area in the detached building. The second floor has two bedrooms in the main home. • Waivers -Planning staff has reviewed the applicants request for waivers that include items, h. signage, n traffic, o. commercial alterations/ construction details, 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 g. site lighting j. stormwater, k. topography,1. landscaping, p floor plans, q. soil logs, r. construction/demolition disposal • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Freshwater Wetlands Permit The project work for the driveway area occurs within 100 ft of a wetland area. Nature of Variance Granted I l/16/2022. Revised with the garage being attached to the proposed home which removes the height variance. The portion of the home with the garage is located 14 ft. from the property line where a 25 ft. setback is required. The stormwater device is to be 50 ft. from the lake and 50 ft. from the wetland where 100 ft. setback is required. Summary The applicant has completed a site plan application for the construction of a new home and site work to include a new driveway and other work associated with the house. Meeting History: PB: 5/26/2022, 7/26/2022; ZBA: 5/18/2022, 7/20/2022 LaBella i Powered by partnership. November 14, 2022 Mr. Craig Brown Zoning Administrator and Code Compliance Officer Town of Queensbury 742 Bay Road Queensbury, New York 12804 Delivered via email only: CraigB@queensbury.net Re: Carlson Residence Town of Queensbury, Warren County, New York LaBella Project # 2220706.17 Queensbury Ref #SP 26-2022 Dear Mr. Brown: LaBella has received a submission package from your office for the above referenced project. The Applicant is proposing to demolish the existing four -bedroom home and then replace it with a three -bedroom home with outdoor covered porches. It appears the site plan has been revised since our most recent letter dated July 26, 2022. The latest submission revised plan set is dated September 26, 2022. As an overview, the project is a considered a "Major" stormwater project per 147-11 of the town code, however proposed disturbances do not exceed one acre and therefore coverage under GPO-20-001 is not required. Based on the changes presented in this submission, we have no further technical comments. It should be noted that the revised plans include a new infiltration stormwater facility, stormwater management area 8. In accordance with 147-111(3)(c)[4] that states in part: "Infiltration devices for major projects shall be located a minimum of 100 feet from Lake George..." SMA 8 is within 50 feet of Lake George. Sheet 4 indicates the project sponsor is seeking a variance for the infiltration device setback. If the variance is not granted, additional site plan review may be required. Conclusion & Recommendation 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, . r/Z­ Richard Adams, PE Senior Civil Engineer 20 Elm Street Suite 110 Glens Falls, NY 128o1 I p (518) 812-0513 vjwvi.lubel.lapc.com cc: Shauna Baker, Town Planning Office Administrator (via email) Laura Moore, Town Land Use Planner (via e-mail) File B:\Chazen\2022Projects\Queensbury, Town of\2220706.17-Eric Carlson\05_Design\Civil\Muni\REV\2220706.17-Carlson Residence-SP26-2022 Mcloa 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 26-2022 & FRESHWATER WETLANDS 5-2022 ERIC CARLSON Tax Map ID: 239.12-2-84 / Property Address: 67 Brayton Lane / Zoning: WR The applicant has submitted an application the Planning Board: (Revised) Applicant proposes to demolish an existing home and detached garage to construct a new home with a footprint of 3,381 sq ft with an attached garage. New floor area to be 6,033 sq ft. The project includes stormwater management, alteration of a shared driveway and parking arrangement, as well as grading and erosion control. The house is to have 3 bedrooms. Pursuant to chapter 179-3-040, 179-6-065, 147 chapter 94, new floor area in a CEA, hard surfacing within 50 ft of the shoreline, a new structure within 50 ft of 15% slopes, work within 100 feet of wetlands, and driveway of 10% slope shall be subject to Planning Board review and approval Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board made a recommendation to the Zoning Board of Appeals on 5/17/2022; the ZBA approved the variance on 7/20/2022; The Planning Board opened a public hearing on the Site plan application on 5/26/2022 and continued the public hearing to 11/29/2022, 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 11/29/2022; 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 26-2022 & RESHWATER WETLANDS 5- 2022 ERIC CARLSON; Introduced by who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted/denied; 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired. Page 1 of 2 Phone: S18.76i.8220 I Fax: 518.745.4437 (742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no -cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff; b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign -off required prior to signature of Zoning Administrator of the approved plans; e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements;- f) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) As -built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy. k) This resolution is to be placed in its entirety on the final plans Duly adopted this 29t" day of November 2022 by the following vote: Myd NOES Page 2 of 2 Phone: 53.8.763..82201 Fax: 53.8.745.4437 1742 Bay Road, Queensbury, NY 3.28041 www.queensbury.net Site Plan 29-2022 @ 7, 9 & 13 Nutley Lane Red's LG, LLC. Public hearing scheduled SEAR II Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board Community Development Department Staff Notes November 29, 2022 Site Plan 29-2022 RED' S LG, LLC. 7, 9 & 13 Nutley Lane / Waterfront Residential / Ward 1 SEQR Type II Material Review: application, survey, floor plans, elevations, site plans, revised plans Parcel History: SEP 37-2021, AV 21-2022 Warren Co Referral Sent: May 2022 / Comments: NCI Requested Action Planning Board review and approval to complete alterations to existing dwellings and reduction of 7 Nutley Lane to an accessory structure. Resolutions 1. PB decision Project Description Applicant proposes to complete alterations to two existing dwelling units on the site and reduction of 7 Nutley Lane to an accessory structure. Site work had started on all three buildings prior to review. Alterations include 7 Nutley Lane now reduced to 330 sq. ft. Alterations to 9 Nutley Lane 704 sq. ft. footprint with two bedrooms and kitchen floor area of 1,408 sq. ft., new open deck of 440 sq. ft. - walkout area below; interior alterations for 13 Nutley Lane existing floor area 2,053 sq. ft. with four bedrooms. Project includes grass depression areas, shoreline plantings, construction of a rock wall with steps and reduction of hard surfacing. Project subject to site plan for new floor area for 7 Nutley Lane, expansion of non -conforming structure for 9 Nutley Lane, hard surfacing within 50 ft of the shoreline. Pursuant to Chapter 179-3-040, 179-6-065, 147, shall be subject to Planning Board review and approval. Staff Comments • Location -The project is located on one parcel with 3 addresses for each building at 7, 9, 13 Nutley Lane. The parcel 0.53 acres. • Arrangement- The site has three buildings on the property with parking and access toward the east property line near Route 9L. • Site Design- The applicant proposes stormwater management and shoreline plantings as part of the project. • Building - 7 Nutley Lane has been reduced to an accessory structure of 330 sq ft where the deck, bathroom, a portion of the building have been removed. 9 Nutley Lane already constructed 440 sq ft open deck with a 704 sq ft footprint and 1,408 sq ft floor area. • Grading and drainage plan, Sediment and erosion control -The plans show a rip rap area and shallow depressions to be installed near the shoreline. The site has areas that are 15% or greater. Landscape plan -The plans show additional shoreline plantings to be installed and the existing plantings are to remain. 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 -78 ft of shoreline per RPS -Shoreline buffer 78 ft X 35 ft width is 2730 sq ft -Shoreline buffer area -2730 /700 = 3.9 round up to 4-four large trees at 3 inch diameter -Ground cover-2730/350 = 7.8 round up to 8 (X7) =56 native shrubs and 8 (X14) herbaceous plants=112 o Shoreline Cutting restrictions- Section 179-6-050 - Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75 ft whichever is less - 78 ft Shoreline X 30%= 23.4 feet of the shoreline buffer cut to allow a view, access and to reduce runoff (such as angled across the lot). - Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable within the 30%/75 ft cut area. • Site lighting plan -The applicant has indicated site lighting to be residential and down cast. • Site details -The previous survey for the site did note three buildings however not as described in the current proposal. • Utility details -The three units are on one septic system and have water drawn from the lake. • Elevations -The elevations are provided for all three buildings. The applicant has provided photos indicating the height of the 7 Nutley Lane to be 13 ft 8 inches. • Floor plans -The floor plans for all three buildings are provided. The 7 Nutley Lane building is to remove the kitchen, bathroom, deck and to reduce the building size. • Waivers -Planning staff has reviewed the applicants request for waivers that include items, h. signage, n traffic, 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 for g. site lighting, j. stormwater, k. topography,1. landscaping, o. commercial alterations/ construction details, 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 Granted 11/16/2022. Revised - 7 Nutley Lane would be reduced with no kitchen, bathroom or deck and the building size reduced 330 sq ft. No height variance requested as the photos indicate 13 ft 8 inches. 9 Nutley Lane building work would be 4 ft to the north property line where a 20 ft setback is required; and 12 ft to the south property line where a 20 ft setback is required. Expansion of non -conforming for 7 and 9 Nutley Lane. Permeability existing is 67.78% and improved to 69.60% proposed where 75% is required- noting no relief is required as the site is improving the permeability on site. Summary The applicant has completed a site plan application for the alterations to existing buildings where 7 Nutley Lane has been reduced to 330 sq ft with no kitchen, bathroom, or deck. The project includes site work for stormwater management and plantings. Meeting History: PB: 5/26/2022, 9/27/2022; ZBA: 5/18/2022, 9/21/2022 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 29-2022 REDS LG, LLC. Tax Map ID: 239.17-1-15 / Property Address: 7, 9 & 13 Nutley Lane / Zoning: WR The applicant has submitted an application the Planning Board: (Revised) The applicant proposes to complete alterations to two existing dwelling units on the site and reduction of 7 Nutley Lane to an accessory structure. Site work had started on all three buildings prior to review. Alterations include 7 Nutley Lane now reduced to 330 sq. ft. Alterations to 9 Nutley Lane 704 sq. ft. footprint with two bedrooms and kitchen floor area of 1,408 sq. ft., new open deck of 440 sq. ft. - walkout area below; interior alterations for 13 Nutley Lane existing floor area 2,053 sq. ft. with four bedrooms. Project includes grass depression areas, shoreline plantings, construction of a rock wall with steps and reduction of hard surfacing.. Project subject to site plan for new floor area for 7 Nutley Lane, expansion of non -conforming structure for 9 Nutley Lane, hard surfacing within 50 ft of the shoreline. Pursuant to Chapter 179-3-040, 179-6-065, 147, shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board made a recommendation to the Zoning Board of Appeals on 5/17/2022; the ZBA approved the variance on 7/20/2022; The Planning Board opened a public hearing on the Site plan application on 5/26/2022 and continued the public hearing to 11/29/2022, 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 11/29/2022; 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 29-2022 REDS LG, LLC; Introduced by who moved for its adoption. According to the draft resolution prepared by Staff with the following: Page 1 of 2 Phone: 53.8.761..82201 Fax: 53.8.745.44371742 gay Road, Queensbury, NY 12804 1 www.queensbury.net 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; 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 291h day of November 2022 by the following vote: " M-3 NOES: Page 2 of 2 Phone: 518.761.82201 Fax: 53.8.745.44371742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 73-2022 & Freshwater Wetlands 18-2022 @ 67 Haviland Road Schermerhorn Residential Holdings Public hearing scheduled SEAR II Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board OL Community Development Department Staff Notes November 29, 2022 Site Plan 73-2022 & SCHERMERHORN RESIDENTIAL HOLDINGS Freshwater Wetlands 18-2022 67 Haviland Road/ Planned Unit Development / Ward 1 SEQR Type II Material Review: site plan application, DEC & Army Corp permit information, wetland site plan, Parcel History: SUB 7-2005 Warren Co Referral Sent: November 2022 / Comments: Concur w/local board. Informal staff comments: Identify excavation time frame of driveway and decreasing runoff for wetland protection measures. Requested Action Planning Board review and approval for construction of an 18 ft long, 1,065 linear feet driveway. Resolutions 1. PB decision Project Description Applicant proposes a 1,065 linear feet driveway at 18 ft width to be constructed on a 15.2 acre parcel. The project includes disturbance and work within 100 ft of a designated wetland and work in the wetland for driveway crossing. Stormwater management is also proposed for the project. Pursuant to chapter 179-3-060, 179-6-050, 94, site plan for development of a driveway and work within 100 ft of wetlands shall be subject to Planning Board review and approval. Staff Comments • Location -The project is located at 67 Haviland Road on a parcel of 15.2 ac. • Arrangement- The parcel is currently vacant, contains wetlands and stream designated area. • Site Design- The project involves constructing a driveway that is to be 1065 ft in length connecting to an existing driveway spur • Building — There are no buildings at this time. The applicant has indicated a single family house may be constructed in the future. • Grading and drainage plan, Sediment and erosion control -The application has indicate grassed depressions are to be installed along the driveway. The materials have been provided to the engineer for review and comment. • Landscape plan- The plans indicate clearing areas for the driveway installation and stormwater management areas. • Site lighting plan -no lighting details were not indicated • Utility details -There are no proposed utilities at this time • Elevations- The plans do include a road profile indicating the proposed driveway does not have steep slope • Floor plans -There are no plans at this time. Waivers -Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. signage, 1. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, , r. construction/demolition disposal s. snow removal. • The waivers requested —Staff finds it reasonable to request a waiver for these items specific to the development of the driveway additional review may be required for the house development (note the house as proposed would not trigger any additional review at this time). The applicant has provided information for j. stormwater, k. topography, q. soil logs • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Freshwater Wetland The driveway construction includes work within 100 ft. The plans show two specific areas of the driveway within 100 ft. The project breaks down the amount of disturbance of these areas where Area 1 would disturb 3,040 sq ft and Area 2 would disturb 4,482 sq ft. In addition the applicant has received the permit from DEC and received a letter from Army Corp indicating no permit is needed. Summary The applicant has completed a site plan application for the development of a driveway that involves work within 100 ft of the wetland areas, limited clearing for the driveway only Meeting History: lst Meeting LaBeLLa Powered by oartnershir). November 16, 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@aueensbury.net Re: Schermerhorn Residential Holding, LLP Town of Queensbury, Warren County, New York Labella Project # 2220706.49 Queensbury Ref #SP73-2022 Dear Mr. Brown: LaBella Associates has received a submission package from your office for the above referenced project. The Applicant intends to construct anew driveway for future single-family residence. Information submitted to our office for review includes the following: • Stormwater Design Report, Prepared by EDP, dated September, 2022 • Site plan application, prepared by EDP, dated October 6, 2022; • Freshwater Wetlands Permit Application, prepared by EDP, dated October 2022 • Freshwater Wetlands Approval, prepared by DEC, August 1, 2022 • Letter from the Department of the Army, dated July 2022 • Deed dated July 2005; • Survey, prepared by Van Dusen & Steves, dated July 13, 2022 • Town Wetland Application Disturbance Plan, prepared by EDP, revised dated October 5, 2022 Your office has requested that we limit our review to the design of the stormwater system as it relates to compliance of local, state, or relevant codes and regulations. Based upon our review, LaBella offers the following comments for the Town's consideration: Stormwater Management and Erosion and Sediment Control Comments 1. According to the site plan review application and stormwater narrative, the proposed site improvements will disturb less than one (1) acre (0.99 acres) and thus the project is not typically required to obtain coverage under the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-20-001). The submission includes disturbances associated only with the new driveway but makes references to a future single-family residence that will be accessed by the new driveway. Further, the Town Wetland Application Disturbance Plan appears to depict an approximate location of future development area for single-family residence. A Larger Common Plan of Development or Sale is defined in GP-0-20-001 as: 20 Elm Street 1 Suite 1io ; Glens Falls, NY 128o11 P (518) 812-0513 vwww.LabeLLapc.coni Larger Common Plan of Development or Sale - means a contiguous area where multiple separate and distinct construction activities are occurring, or will occur, under one plan. The term "plan" in "larger common plan of development or sale" is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, marketing plan, advertisement, drawing, permit application, State Environmental Quality Review Act (SEQRA) environmental assessment form or other documents, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating that construction activities may occur on a specific plot. For discrete construction projects that are located within a larger common plan of development or sale that are at least 1/4 mile apart, each project can be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same "common plan" is not concurrently being disturbed. The future single-family residence area appears to be within a 1/4 mile of the driveway as depicted on the Town Wetland Application Disturbance Plan and the driveway is intended to provide direct access to a future single-family residence. Also, the stormwater narrative and site plan application acknowledge the future single-family home that will gain access from the driveway. Based on this understanding, it appears that the single-family residence and driveway would be considered a larger common plan of development or sale. As such, the site plan application and stormwater design/permitting shall consider land disturbances associated with the single-family home unless there are other considerations that have not been provided yet. There are additional questions to fully understand the permitting requirements as it appears the project is part of a previously approved PUD (Highland Park). 2. The Applicant shall clarify if the subject parcel is covered under an existing SPDES Permit for construction activities. 3. Section 179-6-080.B and C state that the stormwater drainage plan shall analyze the impacts of the project using at least a twenty -five-year return interval storm for residential projects and all stormwater management plans shall be designed so that post -development run-off rates and volumes are equal to or less than pre -development runoff. The Applicant has provided a 25-year storm analysis for review. 4. Section 179-6-080.A states that a stormwater pollution prevention plan consistent with the requirements of Town Code Chapter 147, Stormwater Management, shall be required as part of the site plan approval process. Chapter 147-7.E (Exemptions) states Any part of a subdivision if a plat for the subdivision has been approved by the Planning Board on or before the effective date of this chapter. According to e-code, Chapter 147 was adopted by the Town Board of the Town of Queensbury on February 23, 2009 by L.L. No 2-2009. The Applicant to clarify if the subject lot meets the requirements of 147-7. E. 5. There does not appear to be soil test pits or infiltration test results provided in support of the proposed infiltration devices. Applicability to 147-9 of the town code will be understood once clarifications are provided for town code section 147-7.E. 6. The Applicant shall depict the proposed overflow weirs in plan view. 7. It does not appear that pretreatment is provided prior to entry to the infiltration practices. Applicability to 147-9 of the town code will be understood once clarifications are provided for town code section 147- 7.E. 8. The Applicant should provide a detail for the silt fence. Conclusion & Recommendation It is our opinion that the applicant should provide clarification for the above items and incorporate changes in subsequent plan submissions. In the event the Planning Board or Town staff have any questions or require additional information, please do not hesitate to contact me at (518) 824-1932. Sincerely, 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 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION — Grant / Deny Site Plan Approval SITE PLAN 73-2022 & FRESHWATER WETLANDS 18-2022 SCHERMERHORN RESIDENTIAL HOLDINGS Tax Map ID: 289.16-1-5 / Property Address: 67 Haviland Road / Zoning: PUD The applicant has submitted an application to the Planning Board: Applicant proposes a 1,650 linear feet driveway at 18 ft width to be constructed on a 15.2 acre parcel. The project includes disturbance and work within 100 ft of a designated wetland and work in the wetland for driveway crossing. Stormwater management is also proposed for the project. Pursuant to chapter 179-3-060, 179-6-050, 94, site plan for development of a driveway and work within 100 ft of wetlands shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 11/29/2022 and continued the public hearing to 11/29/2022, 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 11/29/2022; 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 73-2022 & FRESHWATER WETLANDS 18- 2022 SCHERMERHORN RESIDENTIAL HOLDINGS; Introduced by who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted/denied; 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired. Page 1 of 2 Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no -cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff; b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign -off required prior to signature of Zoning Administrator of the approved plans; e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements;- f) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) As -built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy. k) This resolution is to be placed in its entirety on the final plans Duly adopted this 291h day of November 2022 by the following vote: AYES NOES: Page 2 of 2 Phone: 53.8.761.82201 Fax: 518.745.44371742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 75-2022 @ 1516 Ridge Road Loreen Harvey/Kasselman Solar Public hearing scheduled Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board OL Community Development Department Staff Notes November 29, 2022 Site Plan 75-2022 LOREEN HARVEY/KASSELMAN SOLAR 1516 Ridge Road / Moderate Density Residential / Ward 1 SEQR Type II 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 Planning Board review and approval for a southern facing ground mounted solar project. Resolutions 1. PB decision 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. 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 Tabled 11/16/2022. The solar array is proposed to be located at 0 ft setback where 75 ft setback is required. Summary The applicant was tabled at the ZBA meeting to November 30t" it is noted the applicant may withdraw the area variance if the panels are relocated to be 75 ft setback. The Planning Board could then complete the site plan review. Meeting History: PB: 11/15/20222; ZBA: 11/16/2022 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 75-2022 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 to the Planning Board: 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. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board made a recommendation to the Zoning Board of Appeals on 11/15/2022; the ZBA approved the variance requests on 11/16/2022; The Planning Board opened a public hearing on the Site plan application on 11/29/2022 and continued the public hearing to 11/29/2022 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 11/29/2022; 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 75-2022 LOREEN HARVEY/KASSELMAN SOLAR; Introduced by who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted/denied: 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired. 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) If application was referred to engineering, then engineering sign -off required prior to signature of Zoning Administrator of the approved plans; Page 1 of 2 Phone: 518.761.8220 I Fax: 518.745.4437 1742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net b) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements, c) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; d) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; e) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; f) As -built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; g) Resolution to be placed on final plans in its entirety and legible. Duly adopted this 29"' day of November 2022 by the following vote: AYES: NOES: Page 2 of 2 Phone: 518.761.8220 1 Fax: 518.745.44371742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 76-2022@ 28 Holly Lane 3 Sons and Holly, LLC. Public hearing scheduled SEQR II Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board at Community Development Department Staff Notes November 29, 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 Application to be tabled to December 151h pending ZBA. Resolutions 1. PB decision 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. 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 Application to be tabled to December 15th pending ZBA. Meeting History: PB: 11/15/2022; ZBA: 11/16/2022 LaBeLLa Powered by partnership. November 11, 2022 Mr. Craig Brown Zoning Administrator and Code Compliance Officer Town of Queensbury 742 Bay Road Queensbury, New York 12804 Delivered via email only: CraigB@aueensbury.net Re: 3 Sons and Holly, LLC Residence Town of Queensbury, Warren County, New York Labella Project # 2220706.48 Queensbury Ref #SP76-2022 Dear Mr. Brown: LaBella Associates has received a submission package from your office for the above referenced project. The Applicant is proposing a 416 SF residential addition to the existing residence, in addition to re- landscaping the lakeside portion of the property. Information submitted to our office for review includes the following: • Cover letter, prepared by StudioA, dated October 18, 2022; • Site Plan Application, prepared by StudioA, dated June 7, 2022; • Site Plans, prepared by StudioA, dated September 27, 2022; • Narrative, prepared by StudioA, undated; • Photos, prepared by StudioA, dated April 8, 2022; • Survey, prepared by Van Dusen & Steves Land Surveyors, dated March 15, 2004, and; • Deed, prepared by Warren County, undated. Your office has requested that we limit our review to the design of stormwater system as it relates to compliance of local, state, or relevant codes and regulations. Based upon our review, LaBella offers the following comments for the Town's consideration: Stormwater Management and Erosion and Sediment Control Comments 1. According to the site plan review application, the proposed site improvements will disturb less than one (1) acre and thus the project is not required to obtain coverage under the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-20-001). However, this project falls within the Lake George watershed and therefore is subject to the stormwater management requirements set forth in Section 147-11 of the Town Code for projects within the Lake George Park. Comments related to the stormwater management and erosion and sediment control features proposed for the site are offered below: 2. According to the site plans, this project proposes land disturbance of 3,222 square feet (according to the site plan calculations and site plan application) and 417 square feet of new impervious surface. The project appears to be exempt from 147-11 per town code section 147-11D(2). The Applicant has 20 Elm Street ( Suite 110 ( Glens Fatts, NY 128oi 1 p (518) 812-0513 www.Labell.apc.com classified the project as "Minor Project" per town code section 147-11 and provided stormwaterfeatures and calculations in support of 147-11 for "Minor Projects". The intent of town code section 179-6-080 is that all residential, commercial, or industrial projects include a stormwater drainage plan to mitigate the increase in runoff rate and volume at each design point. If a project is exempt from the stormwater management requirements set for in Section 147-11 of the Town Code for projects within the Lake George Park, the project would be subject to the requirements in town code section 179-6-080. However, since the Applicant designed the site per the 147-11 "Minor Project" standards our office does not take exception to that approach. 3. The Applicant proposes a 2" wide slot drain to outlet to the rain garden on the site plans, and references detail 9 on sheet L-3.10. However, detail 9 on sheet L-3.10 is not yet included. The Applicant to revise accordingly. 4. In regard to separation distances from the rain garden to water wells and absorption fields, sheet 1-1.10 states: All neighboring wells and wastewater absorption fields are confirmed to be at least 20' away from the proposed rain gardens as well as at least 100' away from neighboring wells." The statement is somewhat unclear as the first part of the sentence states neighboring wells are at least 20 feet away but the second part of the sentence says neighboring wells are at least 100 feet away. The Applicant to clarify. 5. The Applicant to clarify the water source for the subject parcel. 6. There does not appear to be soil test pits nor infiltration test results provided for the rain garden. Section 147-11.1(2)(a) states that the "Location of infiltration devices shall be determined based upon soil test results." Additionally, Section 147-11.1(2)(e) states, "The bottom of any infiltration device shall be a minimum of two feet above seasonal high groundwater mark and two feet above bedrock." The Applicant to perform soil testing and infiltration testing in support of the rain garden. 7. A legally binding and enforceable maintenance agreement shall be executed between the landowner and the Town ensuring that proper maintenance measures will be implemented for all proposed stormwater management practices in accordance with Section 147-10.D. of the Town Code. Erosion and Sediment Control 8. Section 6.3.6 of the NYS SMDM states "Infiltration practices shall never serve as a sediment control device during site construction phase. In addition, the Erosion and Sediment Control plan for the site shall clearly indicate how sediment will be prevented from enteringan infiltration facility."The Applicant shall revise the plans to clearly indicate how sediment will be prevented from entering the infiltration facility during the site construction phase. 9. The standard and specifications for winter stabilization of the NYS SSESC requires "A temporary site specific, enhanced erosion and sediment control plan to manage runoff and sediment at the site during construction activities in the winter months to protect off -site water resources. This standard applies to all construction activities involved with ongoing land disturbance and exposure between November 15th to the following April 1st." The Applicant shall provide a separate, temporary site specific, enhanced erosion and sediment control plan, if construction activities with ongoing land disturbance and exposure is planned after November 15th. This erosion and sediment control plan shall conform to all requirements of the winter stabilization specification referenced above. Conclusion & Recommendation It is our opinion that the applicant should provide clarification for the above items and incorporate changes in subsequent plan submissions. In the event the Planning Board or Town staff have any questions or require additional information, please do not hesitate to contact me at (518) 824-1932. Sincerely, 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 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION — TABLE SITE PLAN 76-2022 3 SONS AND HOLLY, LLC. Tax Map ID: 239.12-2-57 / Property Address: 28 Holly Lane / Zoning: WR 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. MOTION TO TABLE SITE PLAN 76-2022 3 SONS AND HOLLY, LLC. Introduced by who moved for its adoption, Tabled until the December 15, 2022 Planning Board meeting. Duly adopted this 291" 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 69-2022 & Petition of Zone Change 5- 2022 @ 2 Carlton Drive, 537 Aviation Road Garden World Associates Public Hearing Scheduled SEAR Type Draft resolution- Accept Lead Agency, SEAR, and TB recommendation Town of Queensbury Planning Board Community Development Department Staff Notes November 29, 2022 Site Plan 69-2022 & GARDEN WORLD ASSOCIATES Petition of Zone Change 5-2022 2 Carlton Dr/537 Aviation Rd / Moderate Densite Residential/Commercial Intensive / Ward 2 SEQR Type I Material Review: petition of zone change, site plan, area variance, site plan, Parcel History: SP 49-2017, AV 44-2017, AV 50-2022 Warren Co Referral Sent: October 2022 / Comments: Concur w/local board. Informal staff comments: Encourage discussion regarding stormwater runoff, snow removal, parking, and natural vegetative barriers. Requested Action Planning Board review and approval for SEQR and recommendation. Resolutions 1. SEQR 2. Recommendation Project Description Applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Dive identified as Parcel # 302.5-1-49 from Moderate Density Residential to Commercial Intensive. The project also includes a parking lot expansion of a 0.76 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The project includes associated site work to increase parking to 86 spaces. The project also includes a parcel merge. Pursuant to chapter 179-3-040, 179- 15-040, petition of zone change, Town Board referral, SEQR for petition of zone change and parking expansion, Zoning Board of Appeals for variance relief and Planning Board recommendation shall be subject to Planning Board review and approval. The Planning Board will request to be Lead Agency. Variance: Relief is sought for permeability. Staff Comments • Location -The project is located at 2 Carlton Drive and 537 Aviation Road where the two properties are to be merged for a parcel area of 1.09 ac. • Arrangement- The site has an existing residence at 2 Carlton and a Restaurant & Store at 537 Aviation Road. • Site Design- The project work is for the removal of the residence at 2 Carlton and associated elements then to pave a portion of the 0.32 ac parcel for 32 spaces. The remaining portion of 0.32 ac is to be used for ,plantings and stormwater management. • Building - The residence at 2 Carlton is to be removed and the Restaurant & Store 6,450 sq ft footprint. • Traffic- The applicant has indicated with the new parcel being converted to parking area there is to be 55 parking spaces on site where 50 are required. • Grading and drainage plan, Sediment and erosion control -The applicant has indicated the existing Silo restaurant site will not change the existing stormwater management. The plans have been provided to engineering for review and comment. • Landscape plan -The Plans show the new landscaping around the new parking area. The board should discuss the 50 ft buffer requirement between uses as the adjoining property is MDR. The change in Zone of the parcel from MDR to Cl. • Site lighting plan -No additional lighting is proposed • Utility details -There are no changes to the utility connections for the Silo for the proposed project • Signage-There are no changes to the signs on site for free standing or wall. • Elevations and Floor plans -There are no changes to the existing Silo building. • Waivers -Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. signage, 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 for these items as there are no changes to the existing building site and the new parking area includes stormwater management and landscaping as part of the project review. The applicant has included the following information j. stormwater, k. topography,1. landscaping, n traffic • 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 Applicant proposes additional hard -surfacing for parking associated with the Silo Restaurant. The relief requested where 30% permeable is required and 13.9% is proposed. Summary The board may accept lead agency status, may complete environmental review, may provide recommendation to the Town Board and to the ZBA. 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, May provide recommendation to Zoning Board • December 2022 Meeting Town Board Public Hearing Change of Zone, • January 2023 Meeting Planning Board and Zoning Board Meeting History: PB 10/18/2022, 11/29/2022 LaBeRa Powered by oartnership. October 12, 2022 Mr. Craig Brown Zoning Administrator and Code Compliance Officer Town of Queensbury 742 Bay Road Queensbury, New York 12804 Delivered via email only: CraigB@queensbury.net Re: Gardenworid Associates Town of Queensbury, Warren County, New York Labella Project # 2220706.45 Queensbury Ref #SP60-2022 Dear Mr. Brown: LaBella Associates has received a submission package from your office for the above referenced project. The Applicant is proposing the demolition of the existing residential home and accessory buildings. Construction of a new parking area with sections of permeable asphalt and a subsurface infiltration chamber for management of stormwater runoff is proposed. • Stormwater Management Report, prepared by Hutchins Engineering PLLC, dated August 31, 2022; • Site Plan Application, prepared by Hutchins Engineering PLLC, dated July 10, 2022, and; • Survey, prepared by Van Dusen & Steves Land Surveyors, dated Hall Architecture, dated April 24, 2017. Your office has requested that we limit our review to the design of stormwater system as it relates to compliance of local, state, or relevant codes and regulations. Based upon our review, LaBella offers the following comments for the Town's consideration: Stormwater Management and Erosion and Sediment Control Comments 1. According to the site plan review application, the proposed site improvements will disturb less than 1 acre and therefore this project does not require the preparation of a SWPPP in accordance with the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-20-001). Comments related to the proposed stormwater management and erosion and sediment control features proposed for the site are offered below: 2. Section 179-6-080 of the Town Code, states that stormwater drainage plans shall analyze the impacts of a project using a 50-year return storm with regards to both runoff rate and volume for commercial projects. The Applicant has provided a 50-year storm analysis in this submission. 3. Section 6.3.1 of the SMDM states "Infiltration practices cannot be placed in locations that cause water problems to downgradient properties. Infiltration trenches and basins shall be setback 25 feet downgradient from structures and septic systems. Dry wells shall be separated a minimum of 10 feet from structures." Portions of the proposed porous pavement appear to be within 25 feet of the existing house to the north of the proposed parking area. The Applicant to revise accordingly. 20 Elm Street I Suite 110 i Glens Falls, NY 12801 p (518) 812-0513 vtw%,,/.iabetlapc.com 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 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION —ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH SITE PLAN 69-2022 & PETITION OF ZONE CHANGE 5-2022 GARDEN WORLD ASSOCIATES Tax Map ID: 302.5-1-49, 302.5-1-50 / Property Address: 2 Carlton Dr, 537 Aviation Rd / Zoning: MDR, Cl WHEREAS, the applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Dive identified as Parcel # 302.5-1-49 from Moderate Density Residential to Commercial Intensive. The project also includes a parking lot expansion of a 0.76 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The project includes associated site work to increase parking to 86 spaces. The project also includes a parcel merge. Pursuant to chapter 179-3-040, 179-15-040, petition of zone change, Town Board referral, SEQR for petition of zone change and parking expansion, Zoning Board of Appeals for variance relief and Planning Board recommendation shall be subject to Planning Board review and approval. The Planning Board may accept lead agency, review SEQR and provide recommendation. Variance: Relief is sought for permeability. 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 69- 2022 & PETITION OF ZONE CHANGE 5-2022 GARDEN WORLD ASSOCIATES, Introduced by who moved for its adoption, As per the draft resolution prepared by staff. Duly adopted this 291h 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 69-2022 & PETITION OF ZONE CHANGE 5-2022 GARDEN WORLD ASSOCIATES Tax Map ID: 302.5-1-49, 302.5-1-50 / Property Address: 2 Carlton Dr, 537 Aviation Rd / Zoning: MDR, CI The applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Dive identified as Parcel # 302.5-1- 49 from Moderate Density Residential to Commercial Intensive. The project also includes a parking lot expansion of a 0.76 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The project includes associated site work to increase parking to 86 spaces. The project also includes a parcel merge. Pursuant to chapter 179-3- 040, 179-15-040, petition of zone change, Town Board referral, SEQR for petition of zone change and parking expansion, Zoning Board of Appeals for variance relief and Planning Board recommendation shall be subject to Planning Board review and approval. The Planning Board may accept lead agency, review SEQR and provide recommendation. Variance: Relief is sought for permeability. The proposed action considered by this Board is Type I 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 69-2022 & PETITION OF ZONE CHANGE 5-2022 GARDEN WORLD ASSOCIATES. 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 29th 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 -Planning Board Recommendation to the Town Board for Zoning Change from Moderate Density Residential to Commercial Intensive SITE PLAN 69-2022 & PETITION OF ZONE CHANGE 5-2022 GARDEN WORLD ASSOCIATES Tax Map ID: 302.5-1-49, 302.5-1-50 /Address: 2 Carlton Dr, 537 Aviation Rd / Zoning: MDR, Cl WHEREAS, the applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Dive identified as Parcel # 302.5-1-49 from Moderate Density Residential to Commercial Intensive. The project also includes a parking lot expansion of a 0.76 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The project includes associated site work to increase parking to 86 spaces. The project also includes a parcel merge. Pursuant to chapter 179-3-040, 179-15-040, petition of zone change, Town Board referral, SEQR for petition of zone change and parking expansion, Zoning Board of Appeals for variance relief and Planning Board recommendation shall be subject to Planning Board review and approval. The Planning Board may accept lead agency, review SEQR and provide recommendation. Variance: Relief is sought for permeability. WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to Commercial Intensive. The Town Board referred this proposed change to the Planning Board for an advisory recommendation pursuant to Section 179-15-020, resolution number 334, 2022 dated on September 12, 2022; MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE/UNFAVORABLE FOR ZONING CHANGE FROM MODERATE DENSITY RESIDENTIAL TO COMMERCIAL INTENSIVE; 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 291h day of November 2022 by the following vote: AYES: 10 NMI 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 Zoning Board of Appeals Area Variance 50-2022 GARDEN WORLD ASSOCIATES Tax Map ID: 302.5-1-49, 302.5-1-50/ Property Address: 2 Carlton Dr, 537 Aviation Rd/ Zoning: MDR, Cl The applicant has submitted an application for the following: Applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Dive identified as Parcel # 302.5-1-49 from Moderate Density Residential to Commercial Intensive. The project also includes a parking lot expansion of a 0.76 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The project includes associated site work to increase parking to 86 spaces. The project also includes a parcel merge. Pursuant to chapter 179-3-040, 179-15-040, petition of zone change, Town Board referral, SEQR for petition of zone change and parking expansion, Zoning Board of Appeals for variance relief and Planning Board recommendation shall be subject to Planning Board review and approval. The Planning Board may accept lead agency, review SEQR and provide recommendation. Variance: Relief is sought for permeability. 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 50-2022 GARDEN WORLD ASSOCIATES 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 29th 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 Public hearing scheduled SEAR II Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board ei, Community Development Department Staff Notes November 29, 2022 Site Plan 74-2022 STEVE & 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 Planning Board review and approval for an addition made to existing home and deck/porch area. Resolutions 1. PB decision 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. 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 Granted 11/16/2022. 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 applicant has completed a site plan application for the work completed on replacement of a garage with a shed, mudroom and closet alterations. Meeting History: PB: 11/15/2022; ZBA: 11/16/2022 owTown of Queensbury l Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION — Grant / Deny Site Plan Approval SITE PLAN 74-2022 STEVE & TRACEY BUREAU Tax Map ID: 289.13-1-7 / Property Address: 5 Chestnut Road / Zoning: WR The applicant has submitted an application to the Planning Board: 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. 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 made a recommendation to the Zoning Board of Appeals on 11/15/2022; the ZBA approved the variance requests on 11/16/2022; The Planning Board opened a public hearing on the Site plan application on 11/29/2022 and continued the public hearing to 11/29/2022, 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 11/29/2022; 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 74-2022 STEVE & TRACEY BUREAU; Introduced by who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted/denied; 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired. Page 1 of 2 Phone: 518.763..8220 I Fax: 53.8.745.4437 (742 Bay Road, Queensbury, NY 128041 www.queensbury.net 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no -cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff, b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign -off required prior to signature of Zoning Administrator of the approved plans; e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements;- f) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the. project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) As -built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy. k) This resolution is to be placed in its entirety on the final plans Duly adopted this 29`h day of November 2022 by the following vote: AYES: NOES: Page 2 of 2 Phone: S18.763..8220 I Fax: 53.8.745.44371742 Bay Road, Queensbury, NY 128041 www.queensbury.net