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01-24-2023 (Queensbury Planning Board 01/24/2023) QUEENSBURYPLANNINGBOARD MEETING SECOND REGULAR MEETING jANUARY24,2023 INDEX Site Plan No. 6S-2022 Faden Enterprises 1. Freshwater Wetlands 13-2022 Tax Map No.2SS.-1-5S Special Use Permit 6-2022 FURTHER TABLING REQUEST Site Plan No.76-2022 3 Sons&Holly LLC 2. Tax Map No.239.12-2-57 Site Plan No. 69-2022 Garden World Associates 2. Tax Map No. 302.5-1-49,302.5-1-50 Site Plan No.2-2023 Michael Rozell 3. Tax Map No.2S9.7-1-17 Site Plan No. 3-2023 ASD Spartan NY2 Solar LLC 6. Tax Map No.279.-1-6.1;279.-1-6.2 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH'S MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury Planning Board O1/24/2023) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING JANUARY 24TK,2023 7.00 P.M. MEMBERS PRESENT STEPHEN TRAVER,CHAIRMAN DAVID DEEB,VICE CHAIRMAN MICHAEL DIXON,SECRETARY NATHAN ETU BRADY STARK WARREN LONGACKER BRAD MAGOWAN LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR.TRAVER-Good evening,ladies and gentlemen. Welcome to the Town of Queensbury Planning Board meeting for Tuesday,January 24`h, 2023. This is the second meeting for January and also our second meeting for 2023. We do have several items that will be tabled this evening. So if you are here for a public hearing for 3 Sons and Holly or Garden World Associates,be advised that we anticipate those items to be tabled to February and March respectively. We have one administrative item, and that is Site Plan 68- 2022 for Faden Enterprises. ADMINISTRATIVE ITEM: SITE PLAN 68-2022 FADEN ENTERPRISES — TABLE TO FEBRUARY 21, 2023 PLANNING BOARD MEETING MR. TRAVE R-Requesting to table to the February 21",2023 Planning Board meeting. Laura? MRS. MOORE-So we're actually going to change that to March 28`h of 2023. They did not submit any additional information as of our deadline. MR.TRAVER-Okay. So it's going to be tabled to March 28`h. Okay. Any questions,comments,concerns about that tabling? Hearing none,Michael? RESOLUTION TABLING SP#68-2022 FADEN ENTERPRISES 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&z SPECIAL USE PERMIT FADEN ENTERPRISES. Introduced by Michael Dixon who moved for its adoption,seconded by Nathan Etu. Tabled until the March 28,2023 Planning Board meeting. Duly adopted this 24`h day of January 2023 by the following vote: AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Stark,Mr. Magowan,Mr. Etu,Mr. Traver NOES: NONE MR. TRAVER-That concludes our Administrative Items. The next section is tabled items. The first item is Unapproved Development,3 Sons&Holly,LLC. TABLED ITEMS UNAPPROVED DEVELOPMENT: 2 (Queensbury Planning Board O1/24/2023) SITE PLAN NO.76-2022 SEQR TYPE: TYPE II. 3 SONS AND HOLLY LLC. AGENT(S): STUDIO A. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 28 HOLLY LANE. (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 RAINGARDEN AND SHORELINE PLANTINGS ADDED TO THE SITE. THERE IS NO CHANGE TO THE EXISTING 1,152 SQ.FT.FOOTPRINT OF THE GARAGE AND LIVING SPACE. PURSUANT TO CHAPTER 179-3-040, 179-6-065, 147 AND 179-4-080, SITE PLAN FOR NEW FLOOR AREA IN A CEA, EXPANSION OF A NON-CONFORMING STRUCTURE, AND HARD SURFACING WITHIN 50 FT. OF THE SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 63-2022. WARREN CO. REFERRAL: NOVEMBER 2022. SITE INFORMATION: CEA LOT SIZE: .38 ACRE. TAX MAP NO. 239.12- 2-57. SECTION: 179-3-040,179-6-065,147,179-4-080. MR. TRAVER-This item to be tabled to the March 2S`h,2023 Planning Board meeting. Laura? MRS. MOORE-So this item was tabled at the Zoning Board of Appeals. The applicant is revising some plans. So that information will be submitted by February for a March meeting. MR. TRAVER-Okay. Any questions,comments regarding that tabling? RESOLUTION TABLING SP#76-2022 3 SONS&HOLLY LLC (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-OSO, 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 Michael Dixon who moved for its adoption,seconded by Brady Stark. Tabled until the March 2S,2023 Planning Board meeting with information due by February 15,2023. MR. TRAVER-Before we act on that,I think that,Laura,we opened the public hearing previously,did we not? So that remains open? MRS. MOORE-That remains open. MR. TRAVER-Okay. Thank you. MRS. MOORE-Thanks. Duly adopted this 24`h day of January 2024 by the following vote: AYES: Mr. Dixon, Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Etu,Mr. Deeb,Mr. Traver NOES: NONE MR. TRAVER-The next section is Old Business, Town Board Referral. This is for Garden World Associates. OLD BUSINESS—TOWN BOARD REFERRAL: SITE PLAN NO. 69-2022 PETITION FOR ZONE CHANGE 5-2022 SEQR TYPE: TYPE I (NEGATIVE DECLARATION 11/29/2022). GARDEN WORLD ASSOCIATES. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING: MDR, CI. LOCATION: 2 CARLTON DRIVE/537 AVIATION ROAD. APPLICANT PROPOSES A CHANGE OF ZONE FOR A 0.32 ACRE PARCEL AT 2 CARLTON DRIVE 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 3 (Queensbury Planning Board O1/24/2023) 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. CROSS REFERENCE: SP 49-2017,AV 44-2017, AV 50-2022. WARREN CO. REFERRAL: OCTOBER 2022. SITE INFORMATION: TRAVEL CORRIDOR OVERLAY. LOT SIZE: .32 ACRES,.77 ACRES. TAX MAP NO. 302.5-1-49, 302.5-1-50. SECTION 179-3-040,179-15-040. MR. TRAVER-This item also to be tabled,this to the,I have to the February 21,2023 meeting. Laura? MRS. MOORE-So last night the Town Board adopted the zone change. So this applicant has to go to the Zoning Board, which would be the first meeting in February. That's why the Planning Board meeting is the second meeting in February. So it's the 21" MR. TRAVER-And the public hearing for this item is also open, and will be heard on February 21. PUBLIC HEARING OPEN MR. TRAVER-Any questions,concerns regarding this tabling? MR. DIXON Just on the resolution. Are we leaving out Petition of Zone Change at this time, since it's been approved? MR. TRAVER-Correct. MRS. MOORE-That's fine. RESOLUTION TABLING SP#69-2022 GARDEN WORLD ASSOCIATES 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 GARDEN WORLD ASSOCIATES. Introduced by Michael Dixon who moved for its adoption,seconded by Brad Magowan. Tabled until the February 21,2023 Planning Board meeting pending Town Board decision. Duly adopted this 24`h day of February 2023 by the following vote: AYES: Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Etu,Mr. Deeb,Mr. Dixon,Mr. Traver NOES: NONE MR. TRAVER-And the next item is also under Old Business. This is Michael Rozell,Site Plan 2-2023. OLD BUSINESS: SITE PLAN NO. 2-2023 SEQR TYPE: TYPE II. MICHAEL ROZELL. AGENT(S): HUTCHINS ENGINEERING. OWNER(S): SAME AS APPLICANT. ZONING: WR. LOCATION: 56 REARDON ROAD. APPLICANT PROPOSES REMOVAL OF AN EXISTING HOME,BUILDINGS &z DRIVEWAY TO CONSTRUCT A 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,&z 179-8-040,SITE PLAN FOR ANEW AREA IN A CEA SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 1-2023. WARREN CO.REFERRAL: N/A. SITE INFORMATION: CEA,GLEN LAKE. LOT SIZE: .34 ACRE. TAX MAP NO.289.7-1-17. SECTION: 179-3-040,179-6-065,179- 8-040. 4 (Queensbury Planning Board O1/24/2023) LUCAS DOBIE,REPRESENTING APPLICANT,PRESENT; MIKE ROZELL,PRESENT MR. TRAVER-Laura? MRS.MOORE-So this applicant is demo'ing an existing home and cottage to construct a new single family home of 2,201 square feet as a footprint,274 sq.ft. as well as 15S square foot of porch areas. The new floor area is 3,SI9 square feet and the Zoning Board did grant the setback for the side yard north at 14.5 feet where 20 feet was required. MR. TRAVER-Thank you. Good evening. MR.DOBIE-Thankyou,Mr.Chairman. Good evening,Board. For the record,Lucas Dobie with Hutchins Engineering,with my client,Mike Rozell who's the landowner and project sponsor. I sat in the audience last week and discussed it with the boss,Tom Hutchins,pretty extensively,and what I took from that was the most significant part was the additional landscaping requested by the Board. So we've met this week. We've provided an updated plan which is on the screen, yesterday, which we feel is a very reasonable compromise,if you will,on Mr. Rozell's part,to bring most of the shoreline buffer to the 20 foot mark with a nice opening along the width of the dock. So he proposes 330 square feet south of the dock,750 square feet north of the dock, and then we applied the Town's formula, the number of trees, shrubs, and herbaceous per square foot, to those respective areas. So that's our proposed plantings for there, which we feel is very reasonable, a nice concession on Mr. Rozell's part. Again,just to recap the project,there's two existing cabins that'll be coming down and the shed near the shoreline, and a new ranch style with a walkout basement, very attractive house, and we only needed one variance which was to the northerly property line setback, which we received unanimously from the Zoning Board. So we'll also have a new well,stormwater management and a new wastewater system in addition to the shoreline buffering. We're here to ask for your approval so we can get everything taken care of. We'd be happy to answer any questions that the Board may have. Thank you. MR. TRAVER-Other than the updated landscaping, were there any changes to the project as a result of your discussion with the ZBA? MR. DOBIE-No,there was not,Mr. Chairman. MR. TRAVER-We did get the engineering comments and they look fairly straightforward. I didn't see anything that can't be reconciled between your Staff and Town Engineer. I thought it was interesting that under Item Two there was a note. Please note that the proposed work results in a net decrease in overall impervious. I haven't seen that very often on an engineering report. So I thought that was interesting. MR. DOBIE-Yes,I think it's 394 square feet more green space with this project,which is, again,very rare. MR. TRAVER-Questions,comments from members of the Board. MR.MAGOWAN-I just want to welcome you back,Lucas. You did a nice job,and you pulled the planting around. I want to thank the Rozells for putting the heat on him and getting that back here. So that was a nice turnaround. MR.DIXON-On the engineering comments,there were a couple of items that stood out a little bit. Erosion and sediment control plan. It stated that it did not appear that one was provided. However,in the plans I saw a sediment control fence on there. MR. DOBIE-Yes, it's worked into Sheet S-4, the grading and drainage plan has our standard notes and schedules for erosion control. MR. TRAVER-It sounds like they might be looking for a narrative,which I'm sure you can provide. MR. DOBIE-Certainly. MR. DIXON-Then there was the issue as far as enforceable maintenance agreement between the landowner and the Town. So really maintenance plan and a maintenance agreement. MR. DOBIE-How we've handled that before, Mr. Dixon, is that comes out of the Lake George Park Commission program which was adopted by the Town for major projects. Typically we'll file a maintenance agreement at the County. For a small project like this,our response to that is we write the letter back to the Zoning Administrator. We'll defer to his judgment if he requires that or not, which I don't think we've ever done that on Glen Lake,especially for a simple project,just a couple of dry wells. MR.DIXON-I guess the question is to the Board as far as,do we want any verbiage in the resolution at this point? 5 (Queensbury Planning Board O1/24/2023) MR. TRAVER-Well, I think that should be covered by the engineering signoff which we already require per the resolution. Any other questions, comments,concerns from members of the Board? Okay. We do have a public hearing on this application. Is there anyone in the audience that wanted to address the Planning Board on this application? PUBLIC HEARING OPENED MRS. MOORE-I'll read this one into the record. "I own 70 Reardon Road and I recommend approval of Mr. Rozell's application." This is Mike Siedel. MR. TRAVER-Is that it? MRS. MOORE-Yes,that's it. MR. TRAVER-Okay. Thank you. Then we'll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-I think the Board is ready to go ahead,so we can entertain that motion. RESOLUTION APPROVING SP#2-2023 MICHAEL ROZELL 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 15S sq.ft.footprints.The new floor area is 3,SI9 sq.ft.The project includes a new driveway area,septic, well and shoreline plantings. Pursuant to Chapter 179-3-040, 179-6-065, & 179-5-040, 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-OSO, 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 1/17/2023-1 the ZBA approved the variance requests on 1/1S/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 SITE PLAN 2-2023 MICHAEL ROZELL;Introduced by Michael Dixon who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted:h. signage,n traffic,o. commercial alterations/construction details,q. soil logs,r.construction/demolition disposal s.snow removal the waivers are reasonable as these items are typically associated with commercial projects; 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; 6 (Queensbury Planning Board O1/24/2023) 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 Motion seconded by Brad Magowan. Duly adopted this 24`h day of January 2023 by the following vote: AYES: Mr. Stark,Mr. Magowan,Mr. Etu,Mr. Deeb, Mr. Dixon,Mr. Longacker, Mr. Traver NOES: NONE MR. TRAVER-You are all set. MR. DOBIE-Thank you. MR. ROZELL-Thank you very much for your time. MR.TRAVER-The next item on our agenda,also under Old Business,is ASD Spartan NY2 Solar LLC. This is Site Plan 3-2023,Freshwater Wetlands 1-2023 and Special Use Permit 1-2023. SITE PLAN NO. 3-2023 FRESHWATER WETLANDS 1-2023 SPECIAL USE PERMIT 1-2023 SEQR TYPE: UNLISTED. ASD SPARTAN NY2 SOLAR LLC. AGENT(S): TERENCE RASMUSSEN. OWNER(S): FINCH PAPER LLC. ZONING: LC -10A. LOCATION: 1096 STATE ROUTE 9. 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 WITHIN 100 FT. OF WETLANDS AND SPECIAL USE PERMIT FOR SOLAR FARM SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: AV 2-2023. WARREN CO. REFERRAL: JANUARY 2023, TOWN OF FT. ANN. SITE INFORMATION: APA,LGPC,SLOPES,WETLAND. LOT SIZE: 50.38 ACRES. TAX MAP NO. 279.-1-6.1,279.-1-6.2. SECTION: 179-3-040,179-5-140,179-10-060,179-10-070 AND CHAPTER 94. TERRY RASMUSSEN,REPRESENTING APPLICANT(ASD SPARTAN),PRESENT MR. TRAVER-Laura? MRS.MOORE-So again this application is to utilize approximately 38.5 acres of a 100 acre area consisting of two parcels for a 5 Megawatt solar farm on enclosed industrial landfill. The existing 3,156 square foot building is to remain. The applicant did address some of the questions that were provided from Staff Notes,and the applicant has also updated their site plan information as part of that,and their variance was granted for their permeability with the Zoning Board of Appeals. MR. TRAVER-Okay. Thank you. Welcome back. MR. RASMUSSEN-For the record,this is Terry Rasmussen with AMP Energy. Nice to see you all again. Would you guys like me to go through everything again? MR. DEEB Just what you've changed. 7 (Queensbury Planning Board O1/24/2023) MR. RASMUSSEN-Yes. So we did address most of the comments made by the engineering departments. So we changed our site plan to include the fence heights. I had said at the last meeting seven and a half feet of barbed wire,but on consultation with the construction staff, it is seven feet with no barbed wire. We've added signage detail. We provided a cut sheet from our panels showing the anti-glare or anti- reflection within the glass, and the panel, or rocking has been updated and the note that connection properly our equipment pad to the road would lead underground as required by National Grid. We also received an engineering review by LaBella which was very detailed but very well done in my opinion. They have a lot of technical questions,with the SWPPP plan mainly, and as well as request for some additional details, all of which,in my mind, are very,very, I don't want to say minor because they're not necessarily minor, but things that are best addressed with the final engineering plans and in discussion, not only because the landfill is under the jurisdiction of DEC as well. So there's going to have to be some three way conversations on the SWPPP because of that. A few other things. There's a stormwater maintenance plan agreement that was standard,too. I'm in total agreement with that,would be fine with that. Comments on our decommissioning plan and again,it's a decommissioning agreement which we would negotiate with the Town Board and the number for that would be approved by the Town Board. We're definitely open to re-visiting the number we have and supplying a more detailed engineering estimate. I think that is the bulk of the questions. I think there's one more. We have for the wetland delineation,for the small wetland we discovered on site, we have submitted it to both the DEC and the Adirondack Park Agency for confirmation,and the Army Corps,three places. The DEC has not,we have not heard back from the Army Corps or DEC yet. The Adirondack Park Agency does not want to address this at this at this time because we're going to see them after our permit here for the Adirondack Park Agency permit. And if you have any questions,I'm more than happy to answer them. MR. TRAVER-I think you've answered most of the questions that I had. I see that you got the variances on the IS". I'll open it up for questions,comments from members of the Board. MR.ETU-Can you describe how you're going to connect to the grid when it's so far away from the existing substation? MR.RASMUSSEN-So as per our application,we applied to connect to the three phase lines on 149 in front of it, and then National Grid did a study to determine the feasibility of this and what happens is right up front of our spot is a long feet across from the substation,about 300 yards to the west of there is the end of another feeder. They that little bit of one to the other and they studied that. We're paying the upgrade c cost for all of that as well as the little bit of substation work, and they've determined that that will be usable and it will not have a negative impacts on the area. MR. ETU-What substation does it go to? MR. RASMUSSEN-Actually it's the Queensbury substation. I think I drove by it on Country Club Road. MR. DIXON-As far as this project goes,if I break it down,so the first component is SEQR,and I don't see any issues that are of concern. I know we've talked about the pond that's on the property,but given the nature of the use,I don't have any concerns,and they can't do anything about the APA's. MR. TRAVER-Right. It actually struck me that,you know,utilizing the land of a landfill is not exactly an improvement,but certainly in terms of environmental quality,it's a good use of such a facility. MR. DIXON-I don't know what else you could do with it. MR. TRAVER-Right. MRS. MOORE-So in regards to SEQR for solar projects,they do exempt them if they're less than 25 acres. They become a Type II. This application happens to be more than 25 acres. So that's why it went into the Unlisted, and it's not very much over the 25 acres. MR. TRAVER-Right. Okay. MR.MAC OWAN-I have a question. Did you say you're going to be bringing your power all the way up to Country Club? MR. RASMUSSEN-I believe that's the substation,yes. MR. MAGOWAN-So how are you going to bring that power here? MR.RASMUSSEN-Through the existing feeder lines that are there on the side of the road,the three phase lines. MR. TRAVER-So they're only going out to 149. S (Queensbury Planning Board O1/24/2023) MR. MAGOWAN-They're just going to clip onto their lines out there. MR. RASMUSSEN-Yes. There's a little bit of upgrade they need to do to connect the two feeders that were separate before,but beyond that the existing wires are sufficient to support it. MR. MAGOWAN-Because,you know,there was a project in New Hampshire I followed and,you know, it was the windmills, and they look so peaceful on the mountains, and they really do. They don't bother me at all. Something I didn't think about are the transmission lines that came down and these clump trunks that they,you know,now those are ugly. So when you said you were bringing it all the way over here to Country Club. So you're just clipping on to the transmission lines. All right,because it doesn't really have to be near a substation,but where the power is going to the substation. MR. RASMUSSEN-Yes. MR. MAGOWAN-Okay. MR. RASMUSSEN-So,just,if you're interested. Each wind generates like its own generation station,but they have to run their own lines to their separate substations. So each one of those things has their own line feeding in. We're like a single power plant that connects to existing lines. MR. MAGOWAN-All right, and there's multiple. There's a lot of windmills up there. So that's so interesting. Like I said,the windmills are peaceful. It's just a lot of lines down near the road you see,that to me are. MR. RASMUSSEN-I used to do wind development a long time ago. MR. MAGOWAN-And I think this is a great idea. It looks like you also applied to the IDA for some fundings I noticed,too. MR. RASMUSSEN-Yes,it'll be to do a pilot program with the Town,County and two,that we're in. MR. MAGOWAN-Thank you. MR. TRAVER-There is a public hearing on this application. Is there anyone in the audience that wanted to comment on this project? No takers? Okay. Are there written comments,Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. So then we will go ahead and close the public hearing. PUBLIC HEARING CLOSED MR.TRAVER-The first action we need to take is regarding,under the SEQR. We have a SEQR resolution that we discussed briefly already,but does anyone have any environmental concerns with this project? I'm not hearing any. I think we can entertain a motion. RESOLUTION GRANTING A NEGATIVE SEQR DEC. SP#3-2023 ASD SPARTAN NY2 SOLAR LLC The applicant proposes to utilize 35.5 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 9 (Queensbury Planning Board 01/24/2023) environment,and,therefore, an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 3-2023, FRESHWATER WETLANDS 1-2023 &z SPECIAL USE PERMIT 1-2023 ASD SPARTAN NY2 SOLAR, LLC. Introduced by Michael Dixon 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 is not necessary because the Planning Board did not Identify potentially moderate to large impacts. Motion seconded by Warren Longacker. Duly adopted this 24`h day of January 2023 by the following vote: AYES: Mr. Magowan,Mr. Etu,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Traver NOES: NONE MR. TRAVER-Then next we can go on to the Site Plan resolution and this is also the Freshwater Wetlands. There's a Special Use Permit issue to be considered. I'm thinking that we probably want to approve a permanent Special Use Permit. Does anyone disagree? Okay. RESOLUTION APPROVING SP#3-2023 FWW 1-2023 SUP 1-2023 ASD SPARTAN NY2 SOLAR LLC The applicant has submitted an application to the Planning Board:Applicant proposes to utilize 35.5 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-OSO, 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 1/17/2023-1 the ZBA approved the variance requests on 1/1S/2023; The Planning Board opened a public hearing on the Site plan application on 1/24/2023 and continued the public hearing to O1/24/2023,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 Ol/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 SITE PLAN 3-2023,FRESHWATER WETLANDS 1-2023&z SPECIAL USE PERMIT 1-2023 ASD SPARTAN NY 2 SOLAR,LLC; Introduced by Michael Dixon who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted:g.site lighting,h.signage,n traffic,o.commercial alterations/construction details,s. snow removal a waiver of these items is reasonable 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; 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; 10 (Queensbury Planning Board O1/24/2023) 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 permanent. Motion seconded by Nathan Etu. Duly adopted this 24`h day of January 2024 by the following vote: MR. MAGOWAN-That Special Use Permit to be permanent. Is that just for this project. I'm looking down the road when they decommission that. Does that keep that open,or would that be the end of this Special Use Permit? MR. TRAVER-If another use were proposed because this one was decommissioned, we would have an opportunity to consider that. MR. MAGOWAN-Another use. A different use or the same use? MR. TRAVER-A different use. If there were a modification to this, let's say they were going to make it smaller or make it bigger,that would be a site plan modification. We would see that as well. MRS. MOORE-And we would look at the Special Use Permit at that time. MR. TRAVER-Yes, so basically any change, whether it be a change in use, a change in the nature of this use,or a new owner, a new project or any type,we're going to have a look at it. MR. MAGOWAN-All right. Because I don't have a problem with that,but we're giving a Special Use. MR. TRAVER-For this specific application. MR. MAGOWAN-For this specific application. All right. Thanks. MR. RASMUSSEN-I didn't really know the difference and now I do. So thank you. AYES: Mr. Etu,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Stark,Mr. Magowan,Mr. Traver NOES: NONE MR. TRAVER-You are all set. Good luck. MR. RASMUSSEN-Thank you very much. I appreciate your time. it (Queensbury Planning Board 01/24/2023) MR. TRAVER-Are there any other issues before the Planning Board this evening? Just a note that the conference in Saratoga is February I". So I hope to see all of you or some of you there. It's an excellent conference. If nothing else,we'll entertain a motion to adjourn. MR.MAGOWAN-I just have a quick question. Inputting my paperwork together,I did come across this, the letter that was given us last week from Paul and Deborah Davidson for the garage over there on Pickle Hill, and I remember that project and kind of remember what he was saying. MR. TRAVER-Did you see the e-mail that I sent out in response? MR. MAGOWAN-No. My e-mail is goofed up. MR. TRAVER-What I did, when I looked at that I consulted with Staff,but I also went back and found our deliberations back in 2021. There was a variance. We looked at it. We made a positive motion for the ZBA. They looked at it. They did propose some changes to what they had looked at,basically limiting the project somewhat,and then it came back to us and we issued a conditional approval for the residential use. The allegation is basically that there is unapproved development that has taken or is taking place, and I did reach out to Laura and inquire,you know, if there was any status update or whatever on that, and what I was told was that this was an issue that is under investigation,and that should it be determined that it's unapproved development or something other than what was approved is taking place,we would, whatever variances or whatever would be required would be called for. MR. MAGOWAN-Because I remember the application. I remember talking about the garage and if I remember correctly,the garage was really what they stated. It was supposed to be just for storage. MR. TRAVER-Yes,just residential. MR. MAGOWAN-They weren't going to keep it any kind of use or commercial or anything. MR. TRAVER-It was previously a pre-existing,non-conforming use. It was a commercial structure that didn't meet the setbacks and so on, and part of their proposal was to eliminate the commercial use, and convert, they were doing some improvements to the garage. If you have an opportunity to look at the research that I did, it goes back,you can see all of the minutes of all of our discussions and all the ZBA discussions about that all the applicant's representations and it was very clearly intended to remove the commercial use, make some improvements to the building, but the building would only be used for residential use,storage use,non-commercial use. So like you,I found that letter alarming. Basically what they're alleging is unapproved development. We know that that takes place,but we have no confirmation. We're awaiting a report back on what Building and Codes, and, Laura,I don't know if you have anything to add. Basically it's something that's being looked into. MRS.MOO RE-It's being looked into. The project was to improve that building and whether that's being reviewed by John and Craig. I mean it was always intended to be improved. MR. MAGOWAN-Yes,it was just for siding,facade,just to clean it up,but what really concerns me is the time factor and nothing was sent back to the person who wrote it. That's what concerns me. MRS. MOORE-You're disregarding, that's what they're indicating. It doesn't mean that things are not occurring. Please be aware of that. MR.MAG OWAN-I just know my phone rings a lot of times on the same situation. So,all right. I'll follow through with it. Thank you. MR.TRAVER-Any other business before the Planning Board this evening? If not,we'll entertain a motion to adjourn. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF JANUARY 24Tx 2023,Introduced by Nathan Etu who moved for its adoption,seconded by Warren Longacker: Duly adopted this 24`h day of January,2023,by the following vote: AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mr. Stark,Mr. Magowan,Mr. Etu,Mr. Traver NOES: NONE MR. TRAVER-We stand adjourned,everyone. Thank you very much. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver,Chairman 12