Staff Notes for 1/24/2023ip Vas
Ink
STAFF NOTES
JANUARY 24, 2023
Queensbury Planning Board Agenda
Second Regular Meeting: Tuesday, January 24, 2022 / Time 7 — 11 pm
Queensbury Activities Center @ 742 Bay Road
Administrative Item
Site Plan 68-2022 Faden Enterprises- Table to February 21, 2023 Planning Board meeting
Tabled Items- Unapproved Development
Applicant(s) _3 SONS AND HOLLY LLC. { Application TypS_J Site Plan 76-2022 i
Owner (s) ( Same as applicant { SEQR Type { Type II
_Agent(s) { Studio A Lot size .38 acre v—
Location { 28 Holly Lane _ Ward: I Zoning Classification: W
Tax ID No. ; 239.12-2-57 { Ordinance Reference ( 179-3-040, 179-6-065, 147, 179-4-080 {
Cross Reference { AV 63-2022 { Warren Co. Referral { November 2022
Public Hearing November 29, 2022, December 15, 2022, January Site Information CEA
24, 2023
Project Description: (Revised) Applicant proposes alterations to an existing home and site. The project includes a 416 sq ft addition to an existing home j
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 path enlarging the fire pit area and reduction of hard surface is also proposed. Additionally,
there is to be a rain garden and shoreline plantings added to the site. There is no change to the existing 1,152 sq ft floor area of the garage and living
space. Site permeability was reduced prior to submission as part of parking arrangement on the site. 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.
Old Business- Town Board Referral
Applicant(s) GARDEN WORLD ASSOCIATES Application Type Site Plan 69-2022
Petition for Zone Change 5-2022
Owner (s) { Same as applicant T
{� SEQR Type pe I (Negative declaration 11/29/2022)
Agent(s) { Hutchins En ineerin Lot size { .32 acres, .77 acres
— --
Location { 2 Carlton Drive/537 Aviation Road ( Ward: 2 { Zoning Classification: MDR, CI j
Tax ID No. { 302.5-1-49, 302.5-1-50 { Ordinance Reference { 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, January 24, 2023 { Site Information { 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 0.77 acre parcel at 537 Aviation Road with the 0.32
acre parcel. The project includes associated site work to increase parking to 84 spaces. The project also includes a parcel merge. Pursuant to chapter j
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 i
Appeals for variance relief and Planning Board recommendation shall be subject to Planning Board review and approval. The Planning Board may
conduct site plan review pending Zoning Board of Appeals decision.
Old Business
_Applicant(s) { _MICHAEL ROZELL { Application Type I Site Plan 2-2023
Owner (s) { Same as applicant { SEQR Type Type II
Agent(s) { Hutchins Engineering { Lot size { .34 acre
Location { 56 Reardon Road { Ward: I { Zoning Classification: WR _ J
Tax ID No. ( 289.7-1-17 { Ordinance Reference { 179-3-040, 179-6-065, 179-8-040
Cross Reference { AV 1-2023 { Warren Co. Referral { n/a
Public Hearing January 24, 2023 { 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.
Applicants) ASD SPARTAN NY2 SOLAR LLC Application Type Site Plan 3-2023
Freshwater Wetlands 1-2023
_ Special Use Permit 1-2023
Owner (s) _� Finch Paper LLC SEQR Type Unlisted
AA ent(s) E Terence Rasmussen Lot size 50.38 acres
Location 1096 State Route 149 j Ward: 1 Zoning Classification: LC-10A i
Tax ID No. 279.-1-6.1, 279.-1-6.2 Ordinance Reference 179-3-040, 179-5-140, 179-10-060, 179-10-
070, Chapter 94 —
Cross Reference AV 2-2023 ( Warren Co. Referral (' January 2023, Town of Ft. Ann
Public Hearing January 24, 2023 ! 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
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.
- Any further business which may be properly brought before the Board -
Administrative Items:
Site Plan 68-2022,
Freshwater Wetlands
13-2022 &
Special
Use
Permit
6-2022 @ 1471
State
Route 9
Faden Enterprises
Draft resolution- grant/deny further tabling
Town of Queensbury
Community Development Office
u - 742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION — TABLE SITE PLAN 68-2022, FRESHWATER WETLANDS 13-2022 &
SPECIAL USE PERMIT 6-2022 FADEN ENTERPRISES
Tax Map ID: 288.4-58 / Property Address: 1471 State Route 9 / Zoning: Cl
Applicant proposes removal of an existing building on the site to construct 3 new buildings and associated
site work. The project includes one building of 8,355 sq ft that is designated as 3 tenant spaces: 2,000 sq ft
for a drive-thru, 2,500 sq ft for a restaurant, and 3,855 sq ft for retail space. The second and third buildings
will contain a total of 24 units of self -storage in 3,480 sq ft. Each building will be 1,740 sq ft and have 12
units. Pursuant to chapter 179-3-040, 179-10-040, & 94, site plan for new commercial development and self -
storage facility, hard surfacing within 50 ft of a shoreline/wetlands, freshwater wetlands permit, and special
use permit for self -storage facility shall be subject to Planning Board review and approval.
MOTION TO TABLE SITE PLAN 68-2022, FRESHWATER WETLANDS 13-2022 & SPECIAL USE
PERMIT FADEN ENTERPRISES. Introduced by who moved for its adoption,
Tabled until the February 21, 2023 Planning Board meeting.
Duly adopted this 241h 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 76-2022@ 28 Holly Lane
3 Sons and Holly, LLC.
Public hearing scheduled
SEAR II
Draft resolution- grant/deny site plan approval
Town of Queensbury Planning Board
Community Development Department Staff Notes
January 24, 2023
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, revised
plans, updated floor plans for main house and living area above garage.
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 March 281h pending Zoning Board of Appeals.
Resolutions
Tabling Resolution
Project Description
(Revised) 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 path enlarging the fire pit area and reduction of hard surface is also proposed. Additionally, there is to be a
rain garden and shoreline plantings added to the site. There is no change to the existing 1,152 sq ft floor area of
the garage and living space. Site permeability was reduced prior to submission as part of parking arrangement
on the site. 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. The revised plans indicate the site work for the road side of
the project is reduce hard -surface areas.
• 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. The applicant has explained prior to site plan the parking area was redone and as part of the site
plan process it was determined the permeability was reduced from 75% to 71.6%.
• 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 preexisting 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
Tabled 1/18/2023. Relief is requested for permeability where 71.6% is proposed and 75% is required. The
revised information provided indicates the site was at 75% permeable when an additional paved area was
completed prior to the proposed project. The proposed project verified the existing is 71.6% and prior was at
75%. 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 March 28th pending Zoning Board of Appeals.
Meeting History: PB: 11/15/2022, 11/29/2022, 12/15/2022; ZBA: 11/16/2022; 12/14/2022
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
(Revised) 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 path enlarging the fire pit area and reduction of hard surface is also proposed.
Additionally, there is to be a rain garden and shoreline plantings added to the site. There is no change to the
existing 1,152 sq ft floor area of the garage and living space. Site permeability was reduced prior to
submission as part of parking arrangement on the site. 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 March 28, 2023 Planning Board meeting with information due by February 15, 2023.
Duly adopted this 241h day of January 2024 by the following vote:
AYES:
NOES:
Phone: 518.761.8220 1 Fax: 518.745.4437 1742 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
IM �M-2-W
Public Hearing Scheduled
SEAR Type I
Draft resolution- grant/deny site plan approval
Town of Queensbury Planning Board
Community Development Department Staff Notes
January 24, 2023
Site Plan 69-2022 & GARDEN WORLD ASSOCIATES
Petition of Zone Change 5-2022 2 Carlton Dr/537 Aviation Rd / Moderate Density 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
Application to be tabled to February 2 1 " pending Town Board and Zoning Board of Appeals review.
Resolutions
Tabling Resolution
Proiect 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 0.77 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The project includes associated site work
to increase -parking to 84 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 conduct site plan review pending Zoning Board
of Appeals decision.
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
Tabled 1/18/2023.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
Application to be tabled to February 21St pending Town Board and Zoning Board of Appeals review.
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,
• January 2023 Meeting: Town Board Public Hearing Change of Zone
• February 2023 Meeting: Planning Board and Zoning Board
Meeting History: PB: 10/18/2022, 11/29/2022; ZBA: 1/18/2023
7�
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION — TABLE 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
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 0.77 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The project includes
associated site work to increase parking to 84 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 conduct
site plan review pending Zoning Board of Appeals decision.
MOTION TO TABLE SITE PLAN 69-2022 & PETITION OF ZONE CHANGE 5-2022 GARDEN
WORLD ASSOCIATES. Introduced by who moved for its adoption,
Tabled until the February 21, 2023 Planning Board meeting pending Town Board decision.
Duly adopted this 241" 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
Site Plan 2-2023 @ 56 Reardon Road
Michael Rozell
Public Hearing Scheduled
SEAR II
Draft resolution- grant/deny site plan approval
Town of Queensbury Planning Board
Ot Community Development Department Staff Notes
January 24, 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
Planning Board review and approval for removal of existing home, buildings & driveway in order to construct a
new home and porches.
Resolutions
1. PB decision
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.
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 drywelis 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
Granted 1/18/2023. The new home is proposed to be located on the side yard north 14.5 ft proposed where 20 ft
is required.
Summary
The applicant has completed a site plan application for the construction of a new home and associated site work.
Meeting History: PB: 1/17/2023; ZBA: 1/18/2023
LaBeLLa
Powered by partnership.
January 12, 2023
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: Michael Rozell
Town of Queensbury, Warren County, New York
LaBella Project #2220706.50
Queensbury Ref # SP 2-2023
Dear Mr. Brown:
LaBella has received a submission package from your office for the above referenced project. The
Applicant is proposing the removal of their existing homes/buildings and driveway area to construct a
new single-family residence that includes a new on -site wastewater system and stormwater
management practices. Submitted information includes the following:
Compiled Rozell submission, prepared by Hutchins Engineering PLLC, dated September
15, 2022, including:
o Project Narrative
o Site Plan Review Application
o Stormwater Management summary
o Deed
o Architectural Renderings
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 at least a 25-year return storm with regards to both runoff rate and
volume for residential projects. The Applicant has provided a 25-year storm analysis. Please note,
that the proposed work results in a net decrease in overall impervious.
3. It does not appear that subcatchment maps were provided in support of the HydroCAD model. The
Applicant to provide subcatchment boundary maps for existing and proposed conditions in support
of a review of the stormwater analysis.
20 Elm Street 1 Suite lio I Glens Falls, NY 128o1; p (518) 812-0513
ww\dx .LabeLLapc.com
4. There does not appear to be soil test pits nor infiltration tests in support of the proposed infiltration
devices. The Applicant to perform soil test pits and infiltration testing in support of the proposed
design.
5. It appears that both drywells discharge from the primary overflow, which are routed directly to the
Glen Lake design point. However, it appears that the northern -most drywell may discharge to the
northerly adjoining parcel first. The Applicant to clarify or revise the design point(s) accordingly.
Further, it does not appear there is a grate elevation for DW-2 on the drywell schedule. The
Applicant to revise or clarify accordingly.
6. The Applicant should provide spot grades around the driveway landing area to support the
assumption that all driveway runoff is tributary to drywell 1.
7. It does not appear that an erosion and sediment control plan was provided. The Applicant to
provide an erosion and sediment control plan in accordance with the NYS SSESC. The erosion and
sediment control plan shall include devices/techniques to protectthe drywells during construction.
8. Section 6.3.3 of the NYS SMDM and good engineering practice suggests that pretreatment should
be provided for infiltration practices. LaBella understands that for small sites involving projects
disturbing less than an acre, it is not necessarily always feasible to provide standard pretreatment
facilities. The Applicant to clarify what is the intended pre-treatment practices for the proposed
infiltration devices.
9. A legally binding and enforceable maintenance agreement may 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.
10. Section 6.3.1 of the SMDM states, in part, "Infiltration trenches and basins shall be setback 25
feet downgradient from structures and septic systems." The proposed drywell with grate is within
15 feet of the proposed absorption field. The Applicant to revise the infiltration practice location
to accordingly.
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 Specialist (via email)
Laura Moore, Town Land Use Planner (via email)
File
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION — Grant / Deny Site Plan Approval
SITE PLAN 2-2023 MICHAEL ROZELL
Tax Map ID: 289.7-1-17 / Property Address: 56 Reardon Road / Zoning: WR
The applicant has submitted an application to the Planning Board: 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.
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 1/17/2023; the ZBA
approved the variance requests on 1/18/2023;
The Planning Board opened a public hearing on the Site plan application on 1/24/2023 and continued the
public hearing to 1/24/2023, 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 1/24/2023;
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 2-2023 MICHAEL ROZELL; Introduced by
who moved for its adoption.
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted/denied;
2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting
an extension of approval before the one (1) year time frame has expired.
Page 1 of 2
Phone: 518.761.8220 I Fax: 518.745.44371742 Bay Road, Queensbury, NY 1.28041 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 241h day of January 2023 by the following vote:
AYES:
NOES:
Page 2 of 2
Phone: 518.761.82201 Fax: 518.745.4437 1742 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.
Public Hearing Scheduled
SEAR Type I
Draft resolution- SEQR, grant/deny site plan
approval
Town of Queensbury Planning Board
Community Development Department Staff Notes
Et January 24, 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
Planning Board review and approval to utilize a portion of a parcel for a solar farm.
Resolutions
1. SEQR decision
2. PB decision
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
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 - 100 plus acres.
• Solar farms shall be enclosed by perimeter fencing to restrict unauthorized access at a height consistent with
the current fence code. (See § 179-5-070.) However, the Planning Board shall have the discretion to vary or
eliminate this requirement where the Planning Board has determined that safety and security at the site will
be assured by alternate methods.- Project will have a gated entry and fencing around panel areas —
additional fence detail for height needed.
• 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.
(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
Granted 1/18/2023. 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 applicant has completed a site plan application, special use permit and Freshwater Wetlands permit for the
development of a Solar Farm project and associated site work. The Town Designated Engineer has not
provided comment as of yet.
The Planning Board may request the following items of the project to be clarified:
A. What is the overall panel height?- The panels are to be 9.5 ft due to supply issues the applicant has indicated
the panel may be up to 12 ft.
B. Will there be underground utility connection? The applicant has indicate there are pole at the front of the
property required by National Grid and the remaining utility connection to be underground
C. What will the fence height be? The fence is 7.5 feet and will contain barbed wire.
D. Confirmation with the array spacing that vehicles are permitted on the cap to provide maintenance as
needed? The applicant is to confirm the spacing between the panels would allow maintenance vehicles on the
cap.
E. The board may request an elevation profile or rendition of the panels on the site due to slopes of the project
area. The applicant explained the site is heavily vegetated and the angle of the panels would be to the sky due
to the slope of the site. The panels will be facing south in a fixed position.
F. Confirm the panels will be of antiglare material via study and or panel design cutsheet. The applicant has
indicate the panels will be coated with antiglare material — a cutsheet is still needed.
G. Confirmation of wetland delineation by APA and or Army Corp. The applicant has indicate the project has
been referred to APA and Army Corp — the project disturbance is within 100 ft of the mapped wetland
triggering the Town's Freshwater Wetland Permit
H. Confirmation of Special Use Permit Type permanent, temporary, renewable. The Board would review the
Type of permit.
I. Clarification of lot consolidation as it may not be possible due to school district boundary. The parcels are
not being combined due to the school district boundary, the documentation in the application materials for
consolidation are no longer applicable.
Meeting History: PB: 1/17/2023; ZBA: 1/18/2023
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 3-2023, FRESHWATER WETLANDS 1-2023 & SPECIAL USE PERMIT 1-2023
ASD SPARTAN NY2 SOLAR, LLC.
Tax Map ID: 279.-1-6.1, 279.-1-6.2 / Property Address: 1096 State Route 149 / Zoning: LC-10A
The 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.
The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation
Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of
Queensbury;
No Federal or other agencies are involved;
Part 1 of the Short EAF has been completed by the applicant;
Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning
Board as lead agency that this project will result in no significant adverse impacts on the environment, and,
therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is
issued.
MOTION TO GRANT A POSITIVE DECLARATION OR NEGATIVE DECLARATION FOR SITE
PLAN 3-2023, FRESHWATER WETLANDS 1-2023 & SPECIAL USE PERMIT 1-2023 ASD SPARTAN
NY2 SOLAR, LLC. Introduced by who moved for its adoption.
As per the resolution prepared by staff.
1. Part II of the Short EAF has been reviewed and completed by the Planning Board.
2. Part III of the Short EAF has been reviewed and completed by the Planning Board.
Or
Part III of the Short EAF is not necessary because the Planning Board did not identify potentially
moderate to large impacts.
Duly adopted this 24th day of January 2023 by the following vote:
AYES
NOES:
Phone: 518.761.8220 1 Fax: 518.745.4437 ( 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION — Grant / Deny Site Plan Approval
SITE PLAN 3-2023, FRESHWATER WETLANDS 1-2023 & SPECIAL USE PERMIT 1-2023
ASD SPARTAN NY2 SOLAR, LLC.
Tax Map ID: 279.4-6.1, 279.4-6.2 / Property Address: 1096 State Route 149 / Zoning: LC- l0A
The applicant has submitted an application to the Planning Board: 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.
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 made a recommendation to the Zoning Board of Appeals on 1/17/2023; the ZBA
approved the variance requests on 1/18/2023;
The Planning Board opened a public hearing on the Site plan application on 1/24/2023 and continued the
public hearing to 01/24/2023, 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 01/24/2023;
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 3-2023, FRESHWATER WETLANDS 1-2023
& SPECIAL USE PERMIT 1-2023 ASD SPARTAN NY 2 SOLAR, LLC; Introduced by who
moved for its adoption.
Page 1 of 2
Phone: 518.761.8220 I Fax: S18.74S.44371742 Bay Road, Queensbury, NY 128041 www.queensbury.net
According to the draft resolution prepared by Staff with the following:
1) Waivers requested granted/denied;
2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting
an extension of approval before the one (1) year time frame has expired.
3) Adherence to the items outlined in the follow-up letter sent with this resolution.
a) The limits of clearing will constitute a no -cut buffer zone, orange construction fencing shall
be installed around these areas and field verified by Community Development staff;
b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater
Department for its review, approval, permitting and inspection;
c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be
issued until the approved driveway permit has been provided to the Planning Office;
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.
1) This Special Use Permit will be considered temporary/permanent/renewable.
Duly adopted this 24t" day of January 2024 by the following vote:
AYES:
NOES:
Page 2 of 2
Phone: 518.761.8220 ( Fax: 518.745.44371742 Bay Road, Queensbury, NY 3.2804 1 www.queensbury.net