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Staff Notes for 1/17/2023STAFF NOTES JANUARY 17, 2023 Queensbury Planning Board Agenda 1 First Regular Meeting: Tuesday, January 17, 2023 / Time 7 — 11 pm -.. , Queensbury Activities Center @ 742 Bay Road Approval of Minutes Dates- November 15, 2022 and November 29, 2022 Administrative Items Site Plan 1-2022 Dan Slote- Request for a one year extension Site Plan 33-3021 333 Cleverdale LLC/San Souci- Table to February 14, 2023 Site Plan Modification 70-2021 Francis & Erin Steinbach- Request for a one year extension Old Business- Town Board Referral Applicant(s) JP GROSS PROPERTIES Application Type Site Plan 62-2022 Petition of Zone Change 4-2022 Owner (s) Same as applicant SEQR Type I Type I (completed 11/15/2022)- Neg. declaration Agent(s) EDP (Nick Zeglen) ) Lot size 6.03 acres, 9.38 acres _ Location 84 Eagan Road & 27 Silver Circle Ward: 4 Zoning Classification: WR, CLI -- - Tax ID No. 309.17-1-3, 309.17-1-17.2 Ordinance Reference 179-3-040 Cross Reference SP 39-2002, SP 138-2016, SP 72-2021, SP (M) 30- 2022 Warren Co. Referral I September 2022 Public Hearing September 27, 2022, November 15, 2022, January 17, 2023 �— Site Information Project Description: Applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel's size to 2.00 acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI parcel. The project includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter 179-3-040, site plan review for development of the 4.03 acre portion of the property for outside gravel storage and stormwater management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9-040, referral from the Town Board where the Planning Board is to complete the SEQR and provide a recommendation to the Town Board. Pursuant to chapter 179-3-040, site plan for new use in an industrial zone shall be subject to Planning Board review and approval upon completion of rezoning. The Planning Board to conduct site plan review. Recommendations Applicants) ASD SPARTAN NY2 SOLAR LLC Application Type Site Plan 3-2023 JFreshwater Wetlands 1-2023 Special Use Permit I-2023 Special Owner (s) Finch Paper LLC SEQR Type Unlisted } Agent(s) Terence Rasmussen Lot size 50.38 acres Location j 1096 State Route 149 Ward: 1 Zoning Classification: LC- l0A _ Tax ID No. j 279.-1-6.1, 279.-1-6.2 Ordinance Reference I 179-3-040, 179-5-140, 179-10-060, 179-10 070, Chapter _ Cross Reference AV 2-2023 ( Warren Co. Referral January 2023, Town of Ft. Ann j Public Hearing_] n/a for recommendation Site Information APA, LGPC, slopes, wetland Project Description: Applicant proposes to utilize 38.5 acres of a 100 acre area consisting of two parcels for a 5MW solar farm on an enclosed industrial landfill. The solar panels will be placed on a fixed ballast on top of the landfill cap. The existing 3, 156 sq ft building to remain as a maintenance garage I that is leased to others will remain unchanged. Project includes site work for improvements to access road, installation of concrete equipment pads and solar panels, and utility connections Pursuant to chapter 179-3-040, 179-5-140, 179-10-060, 179-10-070 and Chapter 94, site plan for renewable energy solar farm, freshwater wetlands permit for work with 100 ft of wetlands and special use permit for solar farm shall be subject to Planning Board review and approval. Variance: Relief is sought for permeability and solar farm in the front yard. Planning Board shall make a recommendation to the Zoning Board of Appeals. Applicant(s) ( MICHAEL ROZELL Application Type Site Plan 2-2023 — Owner (s) ( Same as applicant ( SEQR Type Type II A ent(s) Hutchins Engineering Lot size .34 acre Location 56 Reardon Road Ward: 1 ( Zoning Classification: WR — Tax ID No. 289.7-1-17 ( Ordinance Reference ( 179-3-040, 179-6-065, 179-8-040 Cross Reference AV 1-2023 i Warren Co. Referral n/a Public Hearin n/ for recommendation ( Site Information CEA, Glen Lake Project Description: Applicant proposes removal of an existing home, buildings & driveway to construct new home of 2,201 sq ft with porch areas of 274 sq ft and 158 sq ft. footprints. The new floor area is 3,819 sq ft. The project includes a new driveway area, septic, well and shoreline plantings. Pursuant to Chapter 179-3-040, 179-6-065, & 179-8-040, site plan for new floor area in a CEA shall be subject to Planning Board review and approval. Variance: Relief is requested for setbacks. The Planning Board shall provide a recommendation to the Zoning Board of Appeals. New Business- Unapproved Development Applicant(s) STEVIN O'BRIEN & MACKENZIE Application Type Site Plan 1-2023 BAERTSCHI Owner (s) ( Same as applicant ( SEQR Type Type II — _Agent(s) j Hutchins Engineering ( Lot size 5.01 acres Location ( 454 Lockhart Mountain Road Ward: 1 ( Zoning Classification: RRSA Tax ID No. ( 252.-1-88 Ordinance Reference 179-3-040, 147 _ Cross Reference ( RC 165-2021, SUB 1-2001 Warren Co. Referral ( January 2023 Public Hearing January 17, 2023 Site Information APA, LGPC, slopes Project Description: The applicant is requesting after the fact approval for clearing limits of disturbance for construction of a single family home and i site work. The major stormwater permit as built conditions for disturbance of 0.98 acres. The site work exceeds 15,000 sq ft triggering a major stormwater and site plan review. The applicant has constructed a single family home on a lot of the Helen Mitchell Subdivision which meets setback and permeability requirements. Pursuant to chapter 179-4-040, 147, site plan review for major stormwater permit shall be subject to Planning Board review and approval. New Business Applicant(s) TORREN MOORE Application Type j Site Plan 4-2023 � � � Special Use Permit Z-2023 _i__� Owner (s) ( Same as applicant SEQR Type ( Type II Agent(s) n/a ; Lot size 0.47 acre Location ( 69 Hanneford Road Ward: 1 Zoning Classification: WR Tax ID No. 227.18-1-41 Ordinance Reference ( 179-3-040, 179-5060, 179-4-090, 179-10-040 Cross Reference ( SP 62-96, AV 88-1996, SUP 6-2004 ( Warren Co. Referral January 2023, Town of Ft. Ann f Public Hearing January 17, 2023 Site Information ! APA, LGPC, CEA, slopes Project Description: Applicant proposes to add a rental slip to an existing Class A marina with 4 slips. The addition would increase it to 5 slips. The plans indicate 7 parking spaces available for the marina, location of restroom and trash collection area. There are no changes to the existing home and site. Pursuant to Chapter 179-3-040, 179-5060, 179-4-090, & 179-10-040, site plan and special use permit for increased number of rental slips shall be subject to Planning Board review and approval. Applicant(s) ( FOOTHILLS BUILDERS/MEADS Application Type J Petition of Zone Change 1-2023 Owner (s) Mead's Nursery Inc. ( SEQR Typ.�___J Type I Agent(s) ( Studio A (Matthew Huntington) Lot size 10.99 acres Location ( 361 Ridge Road Ward: 2 Zoning Classification: Cl — Tax ID No. 303.5-1-79 ( Ordinance Reference 179-3-040, 179-10-040, Chapter 94 Cross Reference ( SP 26-90 j Warren Co. Referral ( n/a Public Hearing n/a Site Information wetlands _ Project Description: Applicant proposes a zone change of a 10.99 acre parcel from CI to MDR. Project includes zoning language change for the MDR zone specific to the density (would allow up to 80 units), lot size, municipal water and sewer connection, and property access. The project work proposed includes demolition of Meads Nursery in order to construct 77 multi -family dwellings, in 4 unit structures, including associated site work, stormwater, landscaping, lighting etc. Pursuant to Chapter 179-9-040, referral from the Town Board where the Town has specifically requested _comment on four items: consistency, density, lot size, and access, shall be subject to Planning Board review. - Any further business which may be properly brought before the Board - Minutes for November 15 and November 29 Draft resolution- grant/deny minutes approval Administrative Items: Site Plan 1-2022 @ 20 Burnt Ridge Road Draft resolution- grant/deny extension request Site Plan 33-2021 @ 333 Cleverdale Road 333 Cleverdale, LLC/San Souci Draft resolution- grant/deny further tabling Site Plan Modification 70-2021 @ 211 Assembly Point Drive Francis & Erin Steinbach Draft resolution- grant/deny extension request ENVIRONMENTAL DESIGN PARTNERSHIP, LLP. Shaping the physical environment December 21, 2022 Attn: Stephen Traver, Planning Board Chairman Town of Queensbury 742 Bay Road Queensbury, New York 12804 Regarding: 20 Burnt Ridge — Slote Residence Extension Request Dear Mr. Traver: 900 Route 146 Clifton Park, NY 12065 (P) 518.371.7621 edpllp.com At the request of Dan Slote, owner of the property located at 20 Burnt Ridge Road, the applicant wishes to extend approvals on Queensbury Project #01-2022. The request for extension is due to contractor availability and potential for redevel "rpment options. Thank you for your consideration and we look forward to the meeting on January 17, 2022. Please let me know if you have any questions. Connor DeMyer Regards, Environmental Design Partnership cc: Dan Slote Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION — GRANT / DENY EXTENSION REQUEST SITE PLAN 1-2022 DAN SLOTE Tax Map ID: 239.16-1-19 / Property Address: 20 Burnt Ridge Road / Zoning: WR The proposal for Site Plan 1-2022 was to construct a 1,205 sq. ft. bunkhouse, two new septic tanks sharing a leach field area, retaining wall, and new stormwater management for bunk house area. The existing home is 804 sq. ft. Pursuant to Chapter 179-5-020, 179-3-040, 179-6-060, site plan review for a new floor area in a CEA and a new building within 50 feet of 15% slopes shall be subject to Planning Board review and approval. The Planning Board approved Site Plan 1-2022 on January 25, 2022. Applicant is requesting an extension of one year. MOTION TO APPROVE A ONE YEAR EXTENSION FOR SITE PLAN 1-2022 DAN SLOTE. Introduced by who moved for its adoption, Duly adopted this 17th day of January 2023 by the following vote: AYES: =613 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 — TABLE SITE PLAN 33-2021 333 CLEVERDALE, LLC/SAN SOUCI Tax Map ID: 226.12-1-43 / Property Address: 333 Cleverdale Road / Zoning: WR (Revised) Applicant requests approval of outdoor seating of 12 seats for three tables. Project includes installation of turf area and permeable pavers. The outdoor eating area also includes a 4 ft privacy fence. The lower floor remains as a waiting area with the main floor and outdoor seating being used for dining. Pursuant to Chapter 179-3-010, 179-4-090 & 179.10, food service in a WR zone shall be subject to Planning Board review and approval. MOTION TO TABLE SITE PLAN 33-2021 333 CLEVERDALE, LLC/SAN SOUCI. Introduced by who moved for its adoption, Tabled until the February 14, 2023 Planning Board meeting with information due by January 17, 2023. Duly adopted this 171h day of February 2023 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 January 2, 2023 Frank & Erin Steinbach 211 Assembly Point Rd. Lake George, NY 12804 erinsrealtor@gmail.com 518-222-6031 Dear Chairman of the Planning Board: Relative to Resolution SP 15-2020 Steinbach_616 20, and SITE PLAN MODIFICATION 70-2021, we respectfully request an extension for one year as we have replaced the foundation but still need to rebuild the structure. We have experienced many setbacks and delays with in respect to construction issues; our goal is to have the project completed by end of 2023. If you have any questions, please don't hesitate to reach out. Sincerely, tA� Erin Steinbach '4" Cc: Craig Brown Laura Moore Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 TOWN OF QUEENSBURY PLANNING BOARD RESOLUTION — GRANT / DENY EXTENSION REQUEST SITE PLAN MODIFICATION 70-2021 FRANCIS & ERIN STEINBACH Tax Map ID: 226.19-2-18 / Property Address: 211 Assembly Point Drive /Zoning: WR The applicant submitted Site Plan Modification 70-2021 which proposed to raise an existing 1,352 sq ft home footprint to install a full basement with a footprint of 1,550 sq ft. with a new floor area of 2,786 sq ft (30.5 %). The project includes a removal of a 444 sq ft rear deck to construct a 356 sq ft deck; site has previous approval for 154 sq ft addition. The front deck of 220 sq ft has been removed and the proposed new deck is 260 sq ft to coincide with the new entry landscape steps. The project also includes converting the driveway to permeable pavers. Pursuant to 179-3-040, 179-6-095, 179-13-010 site plan for new floor area in a CEA and hard surfacing within 50 feet of the shoreline shall be subject to Planning Board review and approval. The Planning Board approved Site Plan Modification 70-2021 on February 22, 2023. The applicant is requesting a one year extension. MOTION TO APPROVE A ONE YEAR EXTENSION FOR SITE PLAN MODIFICATION 70-2021 FRANCIS & ERIN STEINBACH. Introduced by who moved for its adoption, Duly adopted this 17th day of January 2023 by the following vote: AYES: NOES: Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 62-2022 & Petition of Zone Change 4- 2022 @ 84 Eagan Road & 27 Silver Circle JP Gross Properties Public Hearing scheduled SEAR Type I Draft Resolution- grant/deny site plan approval Town of Queensbury Planning Board Community Development Department Staff Notes January 17, 2023 Site Plan 62-2022 & JP GROSS PROPERTIES Petition of Zone Change 4-2022 84 Eagan Rd, 27 Silver Circle / Waterfront Residential, Commercial Intensive / Ward 4 SEQR Type I (Completed 11/15/2022) - Negative Declaration Material Review: petition of zone change application, site plan application, site drawings for lot line adjustment and site work, stormwater management, cultural resource survey Parcel History: SP 39-2002, SP 138-2016, SP 72-2021, SP (M) 30-2022 Warren Co Referral Sent: September 2022 / Comments: Concur w/local board. Requested Action Planning Board review and approval for development of the 4.03 acre portion of the property for outside gravel storage and stormwater management. Resolutions 1. PB decision Proiect Description Applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel's size to 2.00 acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI parcel. The project includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter 179-3-040, site plan review for development of the 4.03 acre portion of the property for outside gravel storage and stormwater management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9-040, referral from the Town Board where the Planning Board is to complete the SEQR and provide a recommendation to the Town Board. Pursuant to chapter 179-3-040, site plan for new use in an industrial zone shall be subject to Planning Board review and approval upon completion of rezoning. The Planning Board to conduct site plan review. Staff Comments • Location -The project involves two parcels at this time at 84 Eagan Rd and 27 Silver Circle. • Arrangement- The project includes a lot line adjustment with the parcel at 84 Eagan Road being reduce from 6.03 ac to 2.00 ac the remaining 4.03 ac is proposed to be rezone to CLI and merged with 27 Silver Circle at 9.38 ac for a total lot size for 27 Silver Circle 13.41 ac. • Site Design- 27 Silver Circle site work would include developing a gravel exterior storage area for materials and stormwater management. 84 Eagan Road would remain as is no changes to the site. • Building — There are no changes to buildings at either location. • Site conditions -A portion of the 4.03 acres is to be graveled with about 142,511 sq ft for storage and laydown area of materials and equipment. • Traffic- no additional parking is identified — There are pre existing14 spaces for each warehouse building and 25 spaces for the Office building (53 total). Staff would suggest confirmation of all buildings uses on site and parking for each of the uses. • Grading and drainage plan, Sediment and erosion control -The enter site is to be cleared and graded — the site is fairly level at this time. The project includes a modification to the existing Stormwater Pollution Prevention Plan. The applicant's materials have been provided to engineering for review and comment. • Landscape plan -The applicant proposes to install a 2 ft wide berm and an eight ft tall privacy fence on top of the berm on the south and West side of the property. This is a continuation of the berm, planting and fencing that was approved SP-Modification 30-2022. • Site lighting plan -There is no additional lighting proposed • Utility details -No change in utilities is proposed. • Signage-There are no new signs proposed on the site or buildings. • Elevations, Floor plans -There are no plans for additional buildings and future proposed buildings would trigger site plan review. • Waivers -Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. signage, n traffic, o. commercial alterations/ construction details, p floor plans, • The waivers requested —Staff finds it reasonable to request a waiver for this project as it is specific to 4.03 ac to be converted from a vegetated are to a gravel area for exterior storage of materials and equipment associated with the existing business on site. Applicant has provided items on j. stormwater, k. topography,1. landscaping, q. soil logs, r. construction/demolition disposal and s. snow removal. • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Summary The applicant has completed a Petition of Zone Change where the Town Board adopted the change of zone to allow a portion of the property to be zone CLI. The applicant has also completed a site plan application for the development of the CLI zone area to be gravel and allow outdoor storage. The outdoor storage is to be fenced with a 6 ft privacy fence on a 2 berm on the South and West side. Staff would suggest a condition that the CLI portion of the parcel to be merged with parcel 309.17-1-17.2 and final plans to reflect the merged portion. Tentative Schedule • September 2022 Town Board — referral to Planning Board and consent to Lead Agency (completed) • October 2022 Planning Board — seeks Lead Agency • November 2022 (30 days) May accept Lead Agency, Planning Board may conduct SEQR, may provide recommendation to Town Board, • December 2022 Meeting Town Board Public Hearing Change of Zone, • January 2023 Meeting Planning Board Meeting History: PB: 9/27/2022, 11/15/2022 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 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES Tax Map ID: 309.17-1-3, 309.17-1-17.2 / Property Address: 84 Eagan Rd, 27 Silver Cir. / Zoning: WR, CLI The applicant has submitted an application to the Planning Board: Applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel's size to 2.00 acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI parcel. The project includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter 179-3-040, site plan review for development of the 4.03 acre portion of the property for outside gravel storage and stormwater management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9-040, referral from the Town Board where the Planning Board is to complete the SEQR and provide a recommendation to the Town Board. Pursuant to chapter 179-3-040, site plan for new use in an industrial zone shall be subject to Planning Board review and approval upon completion of rezoning. The Planning Board to conduct site plan review. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board has reviewed the potential environmental impacts of the project, pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration — Determination of Non -Significance; The Planning Board opened a public hearing on the Site plan application on 9/27/2022 and continued the public hearing to 1/17/2023, 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 1/17/2023; 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 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES; Introduced by who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted/denied; 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired. Page i of 2 Phone: 518.761.8220 1 Fax: 5i8.745.4437 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 17th day of January 2023 by the following vote: AYES: NOES: Page 2 of 2 Phone: S18.76i.8220 I Fax: S18.745.44371742 Bay Road, Queensbury, NY 128041 www.queensbury.net Site Plan 3-2023, Freshwater Wetlands 1-2023 & Special Use Permit 1-2023 @ 1096 State Route 149 ASD Spartan NY2 Solar, LLC. No public hearing Draft resolution- Planning Board Recommendation to the Zoning Board of Appeals Town of Queensbury Planning Board Community Development Department Staff Notes January 17, 2023 Site Plan 3-2023, ASD SPARTAN NY2 SOLAR LLC. Freshwater Wetlands 1-2023 1096 State Route 9 / Land Conservation 10 A / Ward 1 & Special Use Permit 1-2023 SEQR Unlisted Material Review: narrative, site plan application, special use permit, stormwater pollution plan, freshwater wetland permit, decommissioning plan, short eaf, site plans Parcel History: AV 2-2023 Warren Co Referral Sent: January 2023 / Comments: Approve Requested Action Recommendation to the Zoning Board of Appeals Resolutions 1. Recommendation Project Description Applicant proposes to utilize 38.5 acres of a 100 acre area consisting of two parcels for a 5MW solar farm on an enclosed industrial landfill. The solar panels will be placed on a fixed ballast on top of the landfill cap. The existing 3,156 sq ft building to remain as a maintenance garage that is leased to others will remain unchanged. Project includes site work for improvements to access road, installation of concrete equipment pads and solar panels, and utility connections Pursuant to chapter 179-3-040, 179-5-140, 179-10-060, 179-10-070 and Chapter 94, site plan for renewable energy solar farm, freshwater wetlands permit for work with 100 ft of wetlands and special use permit for solar farm shall be subject to Planning Board review and approval. Variance: Relief is sought for permeability and solar in the front yard. Planning Board shall make a recommendation to the Zoning Board of Appeals. Staff Comments • Location -The project site is located at 1096 State Route 149 and consists of two parcels Parcel 6.1 50.38 ac and Parcel 6.2 58.23 ac for a total of 108.2 acres. • Arrangement- The site consists of a 42.1 ac of a landfill cap, 1.3 ac of asphalt/gravel road area. The panels will cover about 9.9 ac between both properties. • Site Design- The project includes installation of Solar panels to ballast structures on top of the existing landfill cap that extends on both properties. The project also has noted two areas for battery energy storage systems. The project is to maintain 20 ft buffers from manholes, 5 ft buffers from monitoring wells and 10 ft buffers from vents. There is an existing driveway area that is to be improved. • Building — The site has an existing 3,156 sq ft building on parcel 6.1 that is leased by others and no changes are proposed for the building. • Traffic- The solar arrays are to be spaced from 14 ft to 47 ft to allow light vehicles for routine maintenance after construction. Waiver requested for parking as there is minimal traffic once constructed only for maintenance. • Grading and drainage plan, Sediment and erosion control -The project work indicates stormwater management is to be handled by the existing vegetation and no devices to be installed. The project work includes sediment and erosion control during installation of the panels. • Landscape plan -The applicant has indicate the landfill area is existing vegetation meadow with the landfill cap beneath. The placement of the ballast and panel structures are designed to not disturb the cap and the existing vegetation is to remain. • Site lighting plan -Waiver requested as no new lighting is proposed • Utility details -Waiver requested for septic and water supply as the project doesn't require those services. • Signage-Waiver requested as no signage is proposed • Elevations -The plans show a typical panel arrangement. The Board may request an elevation profile or rendition of the panel arrangement as there are steep slopes on the site. • Floor plans -The site plans shows the locations of the panels on the site. No floor plan for the existing building as there are no changes to the use of the building. • Waivers -Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. signage, n traffic, o. commercial alterations/ construction details, s. snow removal. • The waivers requested —Staff finds it reasonable to request a waiver of these items as the project is for installation of a solar farm that is not open to the public so the items would not be relevant to the operation of the solar farm. Applicant has provided information on j. stormwater, k. topography, 1. landscaping and q. soil logs p floor plans (arrangement of panels on the site), r. construction/demolition disposal (panel placement) • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Special Use Permit Criteria: A special use permit is required as outlined in Section 179-10-070. • Harmony with the Comprehensive Plan — The project will be located in the Land Conservation zone where the Town Code outlines the requirements of Solar Farms in the LCIOA zone. Also, the project is consistent with the Clean Energy Community Solar Campaign. • Compatibility- The project is located in an area of existing landfill, mining operations, commercial uses and residential uses. Solar projects on closed landfills are considered to be compatible land uses. • Access, circulation and parking — The project proposes to improve the existing road to the site and no vehicles will be allowed on the actual landfill cap. • Infrastructure and services- The project will not utilize sewer or water services. The applicant will coordinate with National Grid for service connection requirements. (Confirmation of underground utilities will need to be provided) • Environment and natural features —The applicant has indicate the project will occur on top of the existing landfill and will not disturb the cap. The existing natural vegetative area around the proposed solar farm will be remain. • Long-term effects -Project is to create clean renewable energy. The applicant has indicated the project is a carbon free electricity, lower greenhouse gas emission and will have no negative longterm effects. Specific Special Use Permit Criteria DD. Solar farms. • Solar farms shall require a minimum land area of five acres. -Parcels in total - 100plus acres. • Solar farms shall be enclosed by perimeter fencing to restrict unauthorized access at a height consistent with the current fence code. (See § 179-5-070.) However, the Planning Board shall have the discretion to vary or eliminate this requirement where the Planning Board has determined that safety and security at the site will be assured by alternate methods.- Project will have a gated entry and fencing around panel areas — additional fence detail for height needed. IVAM • The manufacturer's and installer's identification and appropriate warning signage and emergency contact information shall be posted at the site and clearly visible. Applicant has indicated appropriate warning signage to be installed — Detail will need to be included in plans. • Solar farm buildings and accessory structures shall, to the extent reasonably possible, use materials, colors and textures that will blend the facility into the existing environment. — The applicant has indicated the facility elements to blend into the existing environment. Details will need to be included in plans. • Appropriate landscaping and/or screening materials may be required to help screen the solar farm and accessory structures from major roads and neighboring residences pursuant to Article 8 of Chapter 179. The applicant has indicate the location of the project will meet the requirements of Article 8. • The average height of the solar panel arrays shall not exceed 12 feet. However, the Planning Board shall have the discretion to permit the solar panel arrays to exceed the height limitation of 12 feet to the extent necessary, as determined by the Planning Board, to achieve the intended purpose of the solar collectors. Such determination shall be made in consideration of the design of the solar collectors and the subject property's natural and proposed characteristics, including, but not limited to, topography, existing and proposed vegetative buffers, and proximity to residential and/or commercial uses. The site data sheet indicates the panel to be no higher than 12 ft but verification is required as the detail shows measurement of 1 S. 5 ft. • Solar farm and solar power plant panels and equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties, facilities, and roadways. The applicant has not indicated the solar surface to be anti -glare. Applicant will need to provide glare study and or panel design. • On -site power lines shall, to the maximum extent practicable, be placed underground. The plans indicated utility connection but it is not clear if it is underground • All applications for solar farms shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with the removal of the structure, which shall be reviewed and approved by the Town Board. The decommission plan has been provided and is to be reviewed. • The following requirements shall be met for decommissioning: The decommission plan has identified items a-d. The applicant has identified the desire to have an agreement/bond in place for decommissioning. The Town Board will need to be notified of the request for an agreement/bond. (a) Solar farms and solar power plants which have not been in active and continuous service for a period of one year shall be removed at the owners' or operators' expense within six months of the date of expiration of the one-year period. (b) All aboveground and below -ground equipment, conduits, structures, fencing and foundations shall be removed from the site to a depth of at least three feet below grade. (c) The site shall be restored to as natural a condition as possible within six months of the removal of all equipment, structures and foundations. Such restoration shall include, where appropriate, restoration of the surface grade and soil after removal of all equipment and revegetation of restored soil areas with native seed mixes. rIER (d) The Planning Board shall, as a condition of approval, require the posting of a removal bond of the solar farm's and solar power plant's equipment. In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period specified in Subsection DD(10)(a) above, and/or the restoration is not completed within the time period specified in Subsection DD(10)(c) above, the Town may, at its own expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction. Freshwater Wetland The plans indicate the wetlands areas to be disturbed and areas within 100 ft for site work. The applicant has indicated the wetland delineation is to be confirmed either by APA or Army Corp. Nature of Variance The applicant proposes permeability of 89.3% where 95% is required. Relief is also requested for having a solar project in the front yard for parcel 6.1 — noting the panels extend past the building towards Route 149. Summary The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for permeability and having a solar farm in the front yard The Planning Board may request the following items of the project to be clarified: A. What is the overall panel height? B. Will there be underground utility connection? C. What will the fence height be? D. Confirmation with the array spacing that vehicles are permitted on the cap to provide maintenance as needed? E. The board may request an elevation profile or rendition of the panels on the site due to slopes of the project area. F. Confirm the panels will be of antiglare material via study and or panel design cut sheet. G. Confirmation of wetland delineation by APA and or Army Corp. H. Confirmation of Special Use Permit Type permanent, temporary, renewable. I. Clarification of lot consolidation as it may not be possible due to school district boundary. Meeting History: lst Meeting �y 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 2-2023 ASD SPARTAN NY2 SOLAR, LLC. Tax Map ID: 279.-1-6.1, 279.-1-6.2 / Property Address: 1096 State Route 149 / Zoning: LC- l0A The applicant has submitted an application for the following: Applicant proposes to utilize 38.5 acres of a 100 acre area consisting of two parcels for a 5MW solar farm on an enclosed industrial landfill. The solar panels will be placed on a fixed ballast on top of the landfill cap. The existing 3, 156 sq ft building to remain as a maintenance garage that is leased to others will remain unchanged. Project includes site work for improvements to access road, installation of concrete equipment pads and solar panels, and utility connections Pursuant to chapter 179-3-040, 179-5-140, 179-10-060, 179-10-070 and Chapter 94, site plan for renewable energy solar farm, freshwater wetlands permit for work with 100 ft of wetlands and special use permit for solar farm shall be subject to Planning Board review and approval. Variance: Relief is sought for permeability and solar farm in the front yard. Planning Board shall make a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE 2-2023 ASD SPARTAN NY2 SOLAR, LLC. Introduced by who moved for its adoption, and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal. b) The Planning Board, based on a limited review, has identified the following areas of concern: 1) Duly adopted this 171" day of January 2023 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 2-2023 @ 56 Reardon Road Michael Rozell No public hearing Draft resolution- Planning Board Recommendation to the Zoning Board of Appeals Town of Queensbury Planning Board Community Development Department Staff Notes January 17, 2023 Site Plan 2-2023 MICHAEL ROZELL 56 Reardon Road / Waterfront Residential / Ward 1 SEQR Type II Material Review: site plan application, stormwater management, elevations, floor plans, survey, site plans Parcel History: AV 1-2023 Requested Action Recommendation to the Zoning Board of Appeals Resolutions 1. Recommendation Project Description Applicant proposes removal of an existing home, buildings & driveway to construct new home of 2,201 sq ft with porch areas of 274 sq ft and 158 sq ft. footprints. The new floor area is 3,819 sq ft. The project includes a new driveway area, septic, well and shoreline plantings. Pursuant to Chapter 179-3-040, 179-6-065, & 179-8- 040, site plan for new floor area in a CEA shall be subject to Planning Board review and approval. Variance: Relief is requested for setbacks. The Planning Board shall provide a recommendation to the Zoning Board of Appeals. Staff Comments • Location -The project is located at 56 Reardon Road on a 0.41 acre parcel in the WR zone. • Arrangement- The site has two existing dwellings that are to be removed. • Site Design- The project includes a new home, septic and new well. The driveway will be altered to accommodate the new home and still allow access to the adjoining parcel. • Building — The new home is 2,201 sq ft footprint that includes the garage and porches. The new floor area is 3,819 sq ft. • Site conditions -The site is located on Glen Lake. The site may be located within 50 ft of an area of 15% slopes. • Grading and drainage plan, Sediment and erosion control -The project is shown to have two drywells on the property and roof leaders are directed to the drywells. The information has been provided to the Town Designated engineer for review and comment. • 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 existing buffer and a new 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 -117 ft of shoreline per survey -Shoreline buffer 117 ft X 20 ft width is 2340 sq ft -Shoreline buffer area -2340 /700 = 3.3 round up to 4 —four large trees at 3 inch diameter -Ground cover-2340/350 = 6.7 round up to 7 (X7) =49 native shrubs and 7 (X14) herbaceous plants=98 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 117 ft Shoreline X 30%= 35.1 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 plans have indicated all exterior lighting to be shielded, down casting "dark sky compliant" fixtures. • Utility details -The project proposes a new well and new septic system as part of the development on the site. • Elevations- The elevations indicate the views from all sides of the new home. • Floor plans -The first floor plans indicate garage area, bedrooms, kitchen, dining, living and laundry area. Also on the first floor, an open deck area and a 3-season room. The foundation plan indicates an open basement area. • Waivers -Planning staff has reviewed the applicants request for waivers that include items, h. signage, jn 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 for: g. site lighting. stormwater, k. topography,1. landscaping, and p floor plans • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Nature of Variance The new home is proposed to be located on the side yard north 14.5 ft proposed where 20 ft is required. Summary The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for setbacks Meeting History: 1"Meeting 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 1-2023 MICHAEL ROZELL Tax Map ID: 289.7-1-17 / Property Address: 56 Reardon Road / Zoning: WR The applicant has submitted an application for the following: Applicant proposes removal of an existing home, buildings & driveway to construct new home of 2,201 sq ft with porch areas of 274 sq ft and 158 sq ft. footprints. The new floor area is 3,819 sq ft. The project includes a new driveway area, septic, well and shoreline plantings. Pursuant to Chapter 179-3-040, 179-6-065, & 179-8-040, site plan for new floor area in a CEA shall be subject to Planning Board review and approval. Variance: Relief is requested for setbacks. The Planning Board shall provide a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE 1-2023 MICHAEL ROZELL, 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 171h day of January 2023 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 1-2023 @ 454 Lockhart Mountain Road Stevin O'Brien & Mackenzie Baertschi Public Hearing Scheduled SEAR II Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board Ow Community Development Department Staff Notes January 17, 2023 Site Plan 1-2023 STEVIN O'BRIEN & MACKENZIE BAERTSCHI 454 Lockhart Mountain Road / Rural Residential 5A/ Ward 1 SEQR Type II Material Review: site plan application, stormwater management, survey, house elevations and floor plans, site plans (existing and current conditions) Parcel History: RC 165-2021, SUB 1-2001 Warren Co Referral Sent: January 2023 / Comments: Concur w/local board. Requested Action Planning Board review and approval for after the fact tree clearance. Resolutions 1. PB decision Proiect Description Applicant is requesting after the fact approval for clearing limits of disturbance for construction of a single family home and site work. The major stormwater permit as built conditions for disturbance of 0.98 acres. The site work exceeds 15,000 sq ft triggering a major stormwater and site plan review. The applicant has constructed a single family home on a lot of the Helen Mitchell Subdivision which meets setback and permeability requirements. Pursuant to chapter 179-4-040, 147, site plan review for major stormwater permit shall be subject to Planning Board review and approval. Staff Comments • Location -The project is located on at 454 Lockhart Mountain Road on a 5.01 ac parcel in the Rural Residential 5ac zone. • Site Design- The parcel was developed with a single family home with the driveway area. A septic system and well were installed as per the plans. The site disturbance is 0.98 ac includes cleared areas for the project. • Building -The single family home with garage and porches having a footprint of 2,935 sq ft. There are no changes proposed to the building. • Site conditions -The site is currently developed with a single family home and no further changes are proposed. • Grading and drainage plan, Sediment and erosion control -The applicant has indicated the stormwater measures where installed according to the project design. The disturbance proposed for project was less than 15,000 sq ft and after the site was developed it was found to have exceeded 15,000 sq ft. The information was provided to the Town Designated engineer for review and comment. • Landscape plan -The plans show the limits of disturbance less than an acre and the remaining site is to remain wooded. • Site lighting plan -Lighting details were not provided and noted to be building mounted. The applicant is reminded lighting fixtures are to be down cast and cut off. • Utility details -The plans show the location of the septic system and the well. • Elevations -The plans show the elevations of the new home. • Floor plans -The plans show the floor plans for the new home. • Waivers -Planning staff has reviewed the applicants request for waivers that include items, h. signage, n traffic, o. commercial alterations/ construction details, r. construction/demolition disposal s. snow removal. • The waivers requested —Staff finds it reasonable to request a waiver as these items are typically associated with commercial projects. The applicant has provided information in regards to g. site lighting j. stormwater, k. topography,1. landscaping, p floor plans, and q. soil logs • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Summary The applicant has completed a site plan application for major stormwater permit requesting approval of an as - built condition disturbing more than 15,000 sq ft. Meeting History: 1st Meeting IVAC 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 1-2023 STEVIN O'BRIEN & MACKENZIE BAERTSCHI Tax Map ID: 252.-1-88 / Property Address: 454 Lockhart Mountain Road / Zoning: RR5A The applicant has submitted an application to the Planning Board: The applicant is requesting after the fact approval for clearing limits of disturbance for construction of a single family home and site work. The major stormwater permit as built conditions for disturbance of 0.98 acres. The site work exceeds 15,000 sq ft triggering a major stormwater and site plan review. The applicant has constructed a single family home on a lot of the Helen Mitchell Subdivision which meets setback and permeability requirements. Pursuant to chapter 179-4-040, 147, site plan review for major stormwater permit shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 1/17/2023 and continued the public hearing to 1/17/2023, 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 1/17/2023; 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 1-2023 STEVIN O'BRIEN & MACKENZIE BAERTSCHI; Introduced by who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted/denied; 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired. Page i of 2 Phone: 518.763..82201 Fax: 518.745.4437 (742 Bay Road, Queensbury, NY 3.28041 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 171h day of January 2023 by the following vote: AYES: NOES: Page 2 of 2 Phone: 53.8.761.82201 Fax: 518.745.44371742 Bay Road, Queensbury, NY 3.2804 1 www.queensbury.net Site Plan 4-2023 & Special Use Permit 2-2023 @ 69 Hanneford Road Torren Moore Public Hearing Scheduled Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board Community Development Department Staff Notes January 17, 2023 Site Plan 4-2023 & TORREN MOORE Special Use Permit 2-2023 69 Hanneford Road / Waterfront Residential / Ward 1 SEQR Type II Material Review: Site Plan application, special use permit, LGPC supplemental information, site plans Parcel History: SP 62-96, AV 88-1996, SUP 6-2004 Warren Co Referral Sent: January 2023 / Comments: NCI. Informal Staff Comments: Defer to LGPC permitting process. Requested Action Planning Board review and approval for an additional marina slip. Resolutions 1. PB decision Project Description Applicant proposes to add a rental slip to an existing Class A marina with 4 slips. The addition would increase it to 5 slips. The plans indicate 7 parking spaces available for the marina, location of restroom and trash collection area. There are no changes to the existing home and site. Pursuant to Chapter 179-3-040, 179-5060, 179-4-090, & 179-10-040, site plan and special use permit for increased number of rental slips shall be subject to Planning Board review and approval. Staff Comments • Location -The project is located at 69 Hanneford Road on the Lake George side of the parcel. The project site is 0.47 ac and located in the WR zone. • Arrangement- The site has an existing home and a preexisting Special Use Permit for a Class A Marina with four slips. • Site Design- The applicant proposes to use 51h slip as rental for the marina. • Building — There are no changes to the existing home or boat house. • Traffic- The applicants plans show the parking spaces for 1- 7 for Marina and two spaces for the owner. • Grading and drainage plan, Sediment and erosion control -The applicant requests a waiver as there are no changes to the site. • Landscape plan- The applicant requests a waiver as there are no changes to the site. • Site lighting plan -There is no existing lighting for the marina and none are proposed. • Site details- The applicant requests a waiver from topography information as there are no changes to the site. • Utility details -The plans provided indicate a septic system was install in 2016. The water is shown as drawn from the lake. • Elevations, Floor plans- The applicant requests a waiver as there are no changes for the project site, building, boathouse, parking so elevations and floor plans are not part of the application — • 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 for these items as the site remains the same, no construction only allowing use of a 5 slips for rental as a Class A Marina. • 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. General Criteria for a Special Use Permit listed below: A. Harmony with the Comprehensive Plan: Class A Marina is an allowed use in the Waterfront Zone through a special use permit. The applicant is working with the Lake George Park Commission to modify the existing permit to include 5 slips. B. Compatibility: The proposed Class A Marina is an existing dock and boathouse. The plans identify 4 rental spaces and a 51" slip to be added to the existing dock space. This is similar to the neighboring docks and boat houses on site design and access to the main home. C. Access, circulation and parking: The project plans show the parking area that can be used by the homeowner and dock tenants. There are existing pathways on the waterfront for the tenants to access the docks. D. Infrastructure and Services: The applicant does not propose any changes to the existing conditions on the site or marina. The applicant notes there are pimp out services at full service marinas on the lake. There is a written agreement with Castaway marina. E. Environment and natural features: The dock and boathouse are pre-existing and no changes to the existing rental spaces just adding the existing dock to the rental usage. No changes are proposed natural environment of the area. F. Long-term effects: The applicant has indicated the Class A Marina would allow for enjoyment of the lake and be in compliance with the Town and LGPC. Specific criteria for Class A marinas. All marinas shall comply with the standards for Class A and Class B marinas as adopted by the Lake George Park Commission in 6 NYCRR Part 646, as may be amended. Lake George Park Commission Excerpt.....Section 646-1.2 Class A Marinas. In addition to the requirements of other sections of this Subpart, all Class A marinas servicing the waters of Lake George shall comply with the following: (a) General requirements. (1) No person shall construct, expand, or operate a Class A marina servicing the waters of Lake George, or alter or expand the number or type of services or recreational activities offered without obtaining a permit from the commission, or if a permit has been issued for the subject facility, a modification to the permit for that facility which authorizes the new or expanded services or recreational uses. Permits shall be issued for a maximum of five years. Applicant is working with the Park Commission and has submitted the paperwork pending the Town of Queensbury review. (2) No permit shall be issued for the construction, operation or expansion of a quick launch facility which was not in existence and operating, or for which no permit was issued, prior to the effective date of these regulations. The applicant does not propose a quick launch facility and the site does not have the means for quick launch. (3) Permits issued pursuant to Section 646-1.2 (a) (1) of this Title may be issued only to the owner of the facility or in the alternative to a lessee of the facility and shall authorize activities and uses at that facility. A permit may not be relocated to other facilities unless a permit for the different facility has been issued by the Commission. Marina permits will be modified to reflect a sale or transfer of the facility to another owner subject to a determination by the Commission that the facility is in accordance with the requirements of this ;Wll� Subpart and permits issued in accordance with this Subpart. Lakefront marina facilities at separate locations under common ownership shall require separate permits pursuant to Section 646-1.2 (a) (1) of this Title. Applicant proposes to operate a 5 slip marina. (4) Special Permits. A special permit is a permit granted by the Commission to operate any new recreational activity as defined in Section 646-2.4 (1) of this Title or the recreational activities or uses contained in Section 646-1.4 of this Subpart. Special permits are not transferrable to another location and shall not be leased or transferred to another location, facility or operator. (b) Specific Requirements: No Class A marina shall be constructed, expanded or operated without providing the following: (1) Restrooms, including toilet facilities, for the use by customers, which shall be available at all times from May 1 to October 31 of each year. The applicant proposes a restrooms interior to the home —each tenant will have access to the restrooms. (2) One on -site parking space or adequate off -site parking for each vessel berthed. Where the Class A marina offers rides, instruction or water -based recreation for a fee, adequate parking must be provided for customers of the Class A marina. The applicant has shown on the plans the area for tenant and homeowner parking. (3) An adequate storage area for trailers or the storage of trailers shall be prohibited. The applicant does not propose the storage of trailers on the site. (4) Where applicable, proof of compliance with New York State fire code standards and DEC bulk storage standards for the storage of gasoline and hazardous materials. If applicable, no permit application shall be complete until proof of compliance is submitted to the Commission. The applicant does not propose bulk storage or the storage of gasoline or hazardous materials (5) For each Class A marina with a petroleum sales facility, a plan relative to the inspection and maintenance of petroleum storage facilities and all associated equipment, and appropriate measures relative to spill prevention and countermeasures. Such plan shall include: (i) The inspection of all plumbing and related pumping equipment, not less than daily, to guard against leakage of petroleum products into the waters of the Park; (ii) The training of each person pumping motor fuels in procedures to guard against the spillage of such motor fuels into the waters of the park and procedures to respond to a spill; and (iii) The maintenance, in close proximity to the pumping facilities, of such equipment as is necessary to respond to any spill of petroleum products into the waters of the Park or on to land or structures where it may flow into the waters of the Park. i-iii... not applicable to the applicants proposal for five slips (6) Adequate garbage and debris disposal facilities with leak proof containers, which must be properly maintained. The applicant has indicated the garbage and recycling are located near the parking area and at the boathouse/dock area and emptied regularly. (7) Facilities for the disposal of sanitary wastes from vessels with on -board sanitary equipment including: (i) On -site pump out facilities, or proven access to pump out facilities, for use by vessels which use the services of the Class A marina; and (ii) Facilities for the disposal of waste from portable marine toilets, or proven access to such facilities, for use by vessels which use the services of the Class A marina. Such facilities shall be designed, installed, operated and maintained to prevent the discharge of contaminants from marine toilets to the waters of the Park or the ground from which they may flow into the waters of the Park. For the purposes of this paragraph, vessels using the services of the Class A marina shall include vessels which moor, dock or are quick launched by the marina. Written proof of access to disposal facilities for a period equal to the life of the permit shall be required. Off -site facilities must be located within a reasonable distance from the Class A marina. i-ii... Applicant has indicated there are pimp out services at full service marinas throughout the lake. Also there is a written agreement for pump out services in place at the Castaway Marina (8)A boat cleaning area that is designed, operated and maintained in such a manner to prevent contamination of the waters of the Park shall be provided, or boat cleaning shall be prohibited. No boat cleaning is proposed on site. MM (9) All Class A marina owners or operators engaged in the rental of personal watercraft (PWC) as that term is defined in Section 646- 2.3 (a) (3) of this Title upon the waters of Lake George shall in addition to the regulations governing PWC contained in Subpart 646-2 of this Title comply with the following regulations: (i) The owner or operator of a PWC shall ensure that prior to operation all users of PWC have read the rules and regulations governing their operation as contained in this Subpart, as well as Subpart 646-2 of this Title. All users shall sign a form prepared by the owner or operator that indicates the user has read said rules and regulations. The owner or operator shall maintain written records that the above requirements have been complied with. The records are subject to inspection by the Commission upon reasonable notice. (ii) If the PWC is part of a rental fleet or group of PWCs, a tour guide shall operate a vessel with the fleet or group. (iii) A fleet or group shall not consist of more than six (6) PWC. The tour guide shall guide the operations and behavior of the fleet or group. The tour guide shall not be in charge of more than one (1) fleet or group at any time. i-iii... No PWC rentals are permitted. Summary The applicant has completed a site plan application and special use permit for the operation of a 5 slip Class A Marina. Section 179-3-040 (5) Waterfront Residential (a) uses ...marinas, 179-10-070 F Class A Marina. The applicant has requested the Marina Special Use Permit is permanent. Meeting History: I" Meeting Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION — Grant / Deny Site Plan Approval SITE PLAN 4-2023 & SPECIAL USE PERMIT 2-2023 TORREN MOORE Tax Map ID: 227.18-1-41 / Property Address: 69 Hanneford Road / Zoning: WR The applicant has submitted an application to the Planning Board: Applicant proposes to add a rental slip to an existing Class A marina with 4 slips. The addition would increase it to 5 slips. The plans indicate 7 parking spaces available for the marina, location of restroom and trash collection area. There are no changes to the existing home and site. Pursuant to Chapter 179-3-040, 179-5060, 179-4-090, & 179-10-040, site plan and special use permit for increased number of rental slips 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 1/17/2023 and continued the public hearing to 1/17/2023 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 1/17/2023; 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 4-2023 & SPECIAL USE PERMIT 2-2023 TORREN MOORE; 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; Pagel of 2 Phone: 518.761.82201 Fax: 518.745.44371742 Bay Road, Queensbury, NY 3.2804 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. h.) This Special Use Permit will be temporary/ permanent / renewable. Motion seconded by . Duly adopted this 171h day of January 2023 by the following vote: AYES NOES: Page 2 of 2 Phone: 518.761..8220 I Fax: 518.745.44371742 gay Road, Queensbury, NY 12804 1 www.queensbury.net Petition of Zone Change 1-2023 @ 361 Ridge Road Foothills Builders/Mead's Public Hearing scheduled SEAR Type Draft Resolution- grant/deny Town Board recommendation Town of Queensbury Planning Board Community Development Department Staff Notes _ January 17, 2023 Petition of Zone Change 1-2023 FOOTHILLS BUILDERS/MEAD'S 361 Ridge Road / Commercial Intensive / Ward 2 SEQR Type I Material Review: project narrative, site plans, zoning amendment, site plan application, not stamped survey, freshwater wetland permit Parcel History: SP 26-90, Disc 8-2021 Requested Action Planning Board review and provided recommendation on proposed zoning language specific to density, lot size, municipal connections, and access. Resolutions 1. PB Recommendation Project Description Applicant proposes a zone change of a 10.99 acre parcel from CI to MDR. Project includes zoning language change for the MDR zone specific to the density (would allow up to 80 units), lot size, municipal water and sewer connection, and property access. The project work proposed includes demolition of Meads Nursery in order to construct 77 multi -family dwellings, in 4 unit structures, including associated site work, stormwater, landscaping, lighting etc. Pursuant to Chapter 179-9-040, referral from the Town Board where the Town has specifically requested comment on four items: consistency, density, lot size, and access, shall be subject to Planning Board review. Staff Comments • Location -The project site is located at 361 Ridge Road. The parcel is 10.99 ac and zoned Commercial Intensive. • Arrangement- The site is the preexisting Mead's Nursery site with associated buildings and driveway area. The parcel is situated on Ridge Road and Meadowbrook Road. • Site Design- The existing plan is to renovate the entire site to accommodate multifamily units and a separate community center building. The Community center building will be associated with a recreation area. There will be access from Ridge Road and Meadowbrook Road. The Meadowbrook Road would be a new access. • Building — The existing buildings are to be removed. The project consists of 76 units as a multi -family project where there are to be 19 building with 4 units in each. • Site conditions -There is an existing pond on the site that is identified as a NWI wetland. • Traffic- The site plan application indicates there is to be two spaces per unit or 152 spaces plus 16 additional spaces for a total of 168 spaces on the site. Unclear is this includes the garages that are shown on the floor plan& elevation drawings. The plans show a stabilized turf area for parking overflow. • Grading and drainage plan, Sediment and erosion control -The applicant has provided a stormwater prevention plan that has not been provided to the Town Designated Engineer at this time pending further Town Board review. • Landscape plan -There is no landscape plan proposed at this time. • Site lighting plan -There is no lighting plan proposed at this time. • Utility details -The site would be connected to municipal water and sewer. • Signage-There is no signage proposed at this time. Elevations -The plans show the elevations of typical 4 unit building with a garage for each unit. Floor plans -The plans show the floor plans of a building with 4 units. 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, s. snow removal • Staff would suggest further discussion during site plan review for a lighting plan, signage information, landscaping, traffic, and snow removal. The applicant has provided j. stormwater k. topography, p floor plans, q. soil logs, r. construction/demolition disposal (building elevations of residential only) • 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 The applicant proposes work within 100 ft of the designated wetland area. The plans do not indicate if the wetland has been delineated or been verified by the Army Corp. The proposed buildings located near the wetland do not indicate the setback distance — buildings are to be 75 ft from wetland or a variance may be required. Town Board Referral: The project has been referred to the Planning Board from the Town Board to address four specific items: (1) Are multifamily dwellings consistent with the purpose of the MDR zoning district? Per Town Code multifamily units are an allowed use and are limited in number to the lot size (2) Would six units per acre be more in accord with the intent of the MDR zoning district? Per Town code the density would be exceeded; the board may review the zoning language the applicant has provided to address the density proposed. (3) Would a minimum lot size of 10 acres for multifamily dwelling projects be more appropriate in the MDR zoning district? Per Town code one acre per unit is required if water and sewer are connected —the project site would require at least 77 acres and other lands for recreation, roads, and utilities. (4) Should access be required from two arterial or roads for such large multifamily dwelling projects? Per Town code roads are to be meet Town Standards for public roads, avoiding dead -ends or cul-de-sac. Noting Pedestrian walkways shall be provided connection to housing units, recreation areas etc. For reference only ... during discussion Disc-8-20211111812021 the following Code Sections for review where noted below: Section 179-3-040 Moderate Density Residential Moderate -density residential. The Moderate Density Residential (MDR) District is intended to protect the character of Queensbury's low-, medium- and high -density, strictly single-family neighborhoods and to create more walkable neighborhoods. This area of the Town is described in the "Neighborhoods" section of the Comprehensive Plan, adopted on August 6, 2007. 179-5-100 Multiple -family dwelling • Density • Access, traffic • Water and Sewer facilities • Recreation facilities 179-8-050 Multi amily and nonresidential landscaping requirements • Landscape strips • Visibility • Interior & Exterior Parking • General Landscaping Summary The Board may provide a recommendation to the Town Board in regards to the specific questions and an additional information the Planning Board feels is important during the Town Board's discussion Meeting History: 1st Meeting 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 PETITION OF ZONE CHANGE 1-2023 FOOTHILLS BUILDERS/MEAD'S Tax Map ID: 303.5-1-79 / Property Address: 361 Ridge Road / Zoning: Cl WHEREAS, the applicant proposes a zone change of a 10.99 acre parcel from Cl to MDR. Project includes zoning language change for the MDR zone specific to the density (would allow up to 80 units), lot size, municipal water and sewer connection, and property access. The project work proposed includes demolition of Meads Nursery in order to construct 77 multi -family dwellings, in 4 unit structures, including associated site work, stormwater, landscaping, lighting etc. Pursuant to Chapter 179-9-040, referral from the Town Board where the Town has specifically requested comment on four items: consistency, density, lot size, and access, shall be subject to Planning Board review. WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to Moderate Density Residetial (MDR). The Town Board referred this proposed change to the Planning Board for an advisory recommendation pursuant to Section 179-15-020, resolution number 438, 2022 dated on 12/5/2022; MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE/UNFAVORABLE FOR ZONING CHANGE FROM COMMERCIAL INTENSIVE (CI) TO MODERATE DENSITY RESIDENTIAL (MDR); 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 171h day of January 2023 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