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Staff Notes for 8/15/20230 0 0 0 0 MA k 0 STAFF NOTES AUGUST 15, 2023 Queensbury Planning Board Agenda First Regular Meeting: Tuesday, August 15, 2023 / Time 7 — 11 pm Queensbury Activities Center @ 742 Bay Road Approval of Minutes Dates- June 20, 2023 and June 22, 2023 Administrative Item: Site Plan 5-2023 Geraldine Eberlein- Table to October 17, 2023 meeting Tabled Items- Unapproved Development: Applicant(s) j STEVIN O'BRIEN & MACKENZIE Application Type Site Plan 1-2023 I BAERTSCHI t Owner (s) — Same as applicant — --- ---- --_ -- — _� SEQR Type---- - Type II_ A ent s ___ __Hutchins —neing .__.------.------.--—Lo—t s—iz-e- ----_�_.—a 5_._01 acrese—Location_ 1 454_Lockh_art Mountain Road ; _Ward: I j Zoning Classification: RR5A —Tax ID No. u I 252.-1-88 _ ` j Ordinance Reference 179-3-040, 147 Cross Reference ; RC 165-2021 SUB 1 2001 — _ t Warren Co. Referral _January 2023— Public Hearing January 17, 2023; May 16, 2023 (closed) a Site Information APA, LGPC, slopes -- Project Description: (Revised) The applicant is requesting after the fact approval for clearing limits of disturbance for construction of a single family home and site work. The major stormwater permit as built conditions indicates disturbance of 1.5 acres. The site work exceeds 15,000 sq ft triggering a major stormwater and site plan review. Approximately 33 evergreens have been planted and additional plantings are intended. The applicant has constructed a single family home on a lot of the Helen Mitchell Subdivision which meets setback and permeability requirements. Pursuant to chapter 179 4 040, 147, site plan review for major stormwater permit shall be subject to Planning Board review and approvals Recommendation- Unapproved Development: __._.., _..__....._ ..___.+. A._pPlication T e Site ._..___. YP _-to 53-023 Applicant(s) ELIZABETH HOGAN `p_an._._._ 2. Owner (s) j Same as a PPlicant SE R TyPe T e II __-- ._ __.__._Q_ .y-P_..___. Agent(s) n/a ! Lot size ` 2.42 acres Location _ 105 Fitzgerald Road —_ _ —� ——_ Ward: 1 — _Zoning Classification: WR Tax ID No 1 289 14 1-27 2 Ordinance Reference 1 179-3-040, 179-6-065 _ __. -_ ---------- _ _ _ _v Cross Reference AV 20 2015 SUB 8 2008. AV 27 2023 f Warren Co. Referral n/a Public Hearing ; n/a for recommendation Site Information CEA Project Description: Applicant requests to maintain a 42 sq. ft. sauna building and a 46 sq. ft. lean-to building both within 50 ft. of the shoreline. The sauna and lean-to were constructed as amenities to the lake. The existing 1,682 sq. ft. home to remain unchanged. The existing site conditions and steps are also to remain unchanged. Pursuant to chapter 179-3-040 & 179-6-065, site plan for new floor area in a CEA, and hard surfacing within 50 ft of the shoreline shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks. Planning Board shall provide a recommendation to the Zoning Board of appeals. Recommendation: Applicant(s) _ IBRAHIM JAMAL (CAMERON S DELI) Appliction_Type Site Plan 54-2023 Owner (s) ...... 1 Queensbury Avenue LLC ^— _ , ` SEQR Type �j Type II� _Agent(s) Bohler Engineering - _ _— -- . _.. _. __ _ -_ __ . Lot size _.___ __ __ . _ _�� . 1.35 acres Location ! 446 Dix Avenue I Ward 2 Zoning Classification. CM Tax ID No 303 16-1-58 ; Ordinance Reference 179 3-040 Cross Referenced SP 34-95, SP 60-2016, AV 31-2023`— — — Warren Co. Referral August 2023, Public Hearing i n/a for recommendation i Site Information Project Description: Applicant proposes a 1,818 sq ft single story convenience store addition to an existing 3,514 sq ft deli that will remain with access to each use internally. The existing building is for Cameron's deli and currently has a basement and garage with a second story. The project includes construction of a 1,458 sq ft gas canopy with 6 fueling stations. The site work included stormwater management, lighting and landscaping. Pursuant to chapter 179-3-040, site plan for a new commercial use in the CM zone shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks. Planning Board shall provide a recommendation to the Zoning Board of Appeals. New Business: Applicant(s) RACHAEL'S BREAD, COOKIES & MORE Application Type Site Plan 57-2023 _.---- � J..__-__._____—__.___.—_ _ _ _...-_ _---__-., ! Special Use Permit 4-2023 Owner (s) _j Rachel Lujbli SEQR Type.__i TY_2ell Agents) _ n/a Lot size 1 2.29 acres _-__- _ __.._---- _-_-�_.-- Location i 1135 Ridge Road _ i Ward: 1 �� Zoning Classification: NC Tax ID No. 279.18-1-6 Ordinance Reference 179-3-040, 179-10-040 Cross Reference SP 3-2013 Warren Co. Referral August 2023 Public Hearings August 15, 2023 Site Information Project Description: Applicant proposes to utilize a portion of the lower level of an existing two story building for a kitchen. The existing dance studio on the upper level will remain. The existing building, with a 2,432 sq ft footprint, will be altered with an awning over the loading area to minimize weather impact on product. The lower level kitchen area will be updated per the requirements to operate a bakery kitchen. All products made will be for delivery with no interior or exterior seating. Pursuant to chapter 179-3-040 & 179-10-040, site plan for new tenant and special use permit for food service in the NC zone shall be subject to Planning Board review and approval Applicant(s) [ NEW POTATO CREEK HOLDING LLC ( Application Type Site Plan 56-2023 _(TIDAL WAVE) Owner (s) �� Everest Enterprises, LLC _ SEQR Tape M — Type IIv Agent(s) Bohler Engineering Lot size ( 1.72 acres Location 1 900 State Route 9 j _ Ward: I � _Zoning Classification: Cl Tax ID No. 296.17-1-47 j Ordinance Reference 179-3-040 Cross Reference j SP 60-2007, SP 37-2018, AV 35-2018 uT Warren Co. Referral August 2023 Public Hearing August 15,-2023 _ j Site Information _ Project Description: Applicant proposes demolition of an existing building in order to construct a 3,910 sq ft car wash facility and a 2,730 sq ft canopy for 22 onsite vacuums. The project includes additional accessory buildings: a pay kiosk structure and two vacuum service buildings of 154 sq ft each. The building colors will be the blues associated with the Tidal Wave brand. The project includes associated site work for stormwater management, utilities and site landscaping. Pursuant to chapter 179-3-040, site work for new commercial use in the Cl district shall be subject to Planning Board review and approval. - Any further business which may be properly brought before the Board - Minutes for June 20 and June 22 Draft resolution- grant/deny minutes approval Administrative items: Site Plan 5-2023 @ 12 Seelye Road North Geraldine Eberlein Draft resolution- grant/deny further tabling >Town • '• Community •Development Town of Queensbury Planning Board RESOLUTION — TABLE SITE PLAN 5-2023 GERALDINE EBERLEIN Tax Map ID: 227.17-1-25 / Property Address: 12 Seelye Road North / Zoning: WR (Revised) Applicant proposes demolition of an existing home and guest cottage to construct a new home with a footprint of 2,411 sq. ft., an outdoor kitchen of 234 sq. ft. and a new floor area of 3,343 sq. ft. The project includes associated site work for new permeable driveway, stormwater management, and shoreline landscaping. The project includes installation of a new septic system on the adjoining property and moved to the East property line. MOTION TO TABLE SITE PLAN 5-2023 GERALDINE EBERLEIN. Introduced by who moved for its adoption, Tabled until the October 17, 2023 Planning Board meeting with information due by September 15, 2023. Duly adopted this 151h day of August 2023 by the following vote: AYES: NOES: Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Site Plan 1-2023 @ 454 Lockhart Mtn Road Stevin O'Brien & Mackenzie Baertschi Public Hearing scheduled SEAR II Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board Community Development Department Staff Notes August 15, 2023 Site Plan 1-2023 STEVIN O'BRIEN & MACKENZIE BAERTSCHI 454 Lockhart Mountain Road / Rural Residential 5A / Ward 1 SEQR Type II Material Review: site plan application, ,stormwater management, survey, house elevations and floor plans, site plans (existing and current conditions), revised planting plan Parcel History: RC 165-2021, SUB 1-2001 Warren Co Referral Sent: January 2023 / Comments: Concur w/local board. Requested Action Planning Board review of post construction and clearing approval. Resolutions 1. PB decision Project Description (Revised) The applicant is requesting after the fact approval for clearing limits of disturbance for construction of a single family home and site work. The major stormwater permit as built conditions indicates disturbance of 1.5 acres. The site work exceeds 15,000 sq ft triggering a major stormwater and site plan review. Approximately 33 evergreens have been planted and additional plantings are intended. The applicant has constructed a single family home on a lot of the Helen Mitchell Subdivision which meets setback and permeability requirements. Pursuant to chapter 179-4-040, 147, site plan review for major stormwater permit shall be subject to Planning Board review and approval. Staff Comments • Location -The project is located on at 454 Lockhart Mountain Road on a 5.01 ac parcel in the Rural Residential 5ac zone. • Site Design- The parcel was developed with a single family home with the driveway area. A septic system and well were installed as per the plans. The site disturbance is 0.98 ac includes cleared areas for the project. • Building -The single family home with garage and porches having a footprint of 2,935 sq ft. There are no changes proposed to the building. • Site conditions -The site is currently developed with a single family home and no further changes are proposed. • Grading and drainage plan, Sediment and erosion control -The applicant has indicated the stormwater measures where installed according to the project design. The disturbance proposed for project was less than 15,000 sq ft and after the site was developed it was found to have exceeded 15,000 sq ft. The information was provided to the Town Designated engineer for review and comment. • Revised -Landscape plan -The plans show the limits of disturbance less than an acre and the remaining site is to remain wooded. Approximately 33 evergreens have been planted and additional plantings are noted in three areas. Area 1- Four trees, Area 2 —Seven trees, Area 3 —Eight trees (confirm 11 trees total for area 3 or 10) • Site lighting plan -Lighting details were not provided and noted to be building mounted. The applicant is reminded lighting fixtures are to be down cast and cut off. • Utility details -The plans show the location of the septic system and the well. • Elevations -The plans show the elevations of the new home. • Floor plans -The plans show the floor plans for the new home. • Waivers -Planning staff has reviewed the applicants request for waivers that include items, h. signage, n traffic, o. commercial alterations/ construction details, r. construction/demolition disposal s. snow removal. • The waivers requested —Staff finds it reasonable to request a waiver as these items are typically associated with commercial projects. The applicant has provided information in regards to g. site lighting j. stormwater, k. topography,1. landscaping, p floor plans, and q. soil logs • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Summary The applicant has completed a site plan application for and a major stormwater permit of an as -built condition disturbing more than 15,000 sq ft. The project includes a replanting plan for areas where vegetation had been removed. Meeting History: PB: 1/17/2023, 5/16/2023 owTown of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION — Grant / Deny Site Plan Approval SITE PLAN 1-2023 STEVIN O'BRIEN & MACKENZIE BAERTSCHI Tax Map ID: 252.-1-88 / Property Address: 454 Lockhart Mountain Road / Zoning: RR5A The applicant has submitted an application to the Planning Board: (Revised) The applicant is requesting after the fact approval for clearing limits of disturbance for construction of a single family home and site work. The major stormwater permit as built conditions indicates disturbance of 1.5 acres. The site work exceeds 15,000 sq ft triggering a major stormwater and site plan review. The applicant has constructed a single family home on a lot of the Helen Mitchell Subdivision which meets setback and permeability requirements. Pursuant to chapter 179-4-040, 147, site plan review for major stormwater permit shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 1/17/2023 and continued the public hearing to 5/16/2023, 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 5/16/2023; The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval, MOTION TO APPROVE / DISAPPROVE SITE PLAN 1-2023 STEVIN O'BRIEN & MACKENZIE BAERTSCHI; Introduced by who moved for its adoption. According to the draft resolution prepared by Staff with the following: 1) Waivers requested granted/denied; 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired. Page 1 of 2 Phone: 518.761.8220 1 Fax: 5i8.745.4437 1742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no -cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff, b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign -off required prior to signature of Zoning Administrator of the approved plans; e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements;- f) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) As -built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy. k) This resolution is to be placed in its entirety on the final plans Duly adopted this 151h day of August 2023 by the following vote: AYES: NOES: Page 2 of 2 Phone: 518.761.8220 I Fax: 5i8.745.44371742 Bay Road, Queensbury, NY 128041 www.queensbury.net Site Plan 53-2023 @ 105 Fitzgerald Road Elizabeth Hogan No public hearing Draft resolution- Planning Board Recommendation to the Zoning Board of Appeals Town of Queensbury Planning Board ow Community Development Department Staff Notes August 15, 2023 Site Plan 53-2023 ELIZABETH HOGAN 105 Fitzgerald Road / Rural Residential 5A / Ward 1 SEQR Type II Material Review: application, narrative, survey, photos of sauna and lean-to Parcel History: RC 165-2021, SUB 1-2001, SUB 8-2008, AV 20-2015 Requested Action Recommendation to the Zoning Board of Appeals for setbacks for a sauna and lean-to which have already been constructed. Resolutions 1. Recommendation Project Description Applicant requests to maintain a 42 sq. ft. sauna building and a 46 sq. ft. lean-to building both within 50 ft. of the shoreline. The sauna and lean-to were constructed as amenities to the lake. The existing 1,682 sq. ft. home to remain unchanged. The existing site conditions and steps are also to remain unchanged. Pursuant to chapter 179-3-040 & 179-6-065, site plan for new floor area in a CEA, and hard surfacing within 50 ft of the shoreline shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks. Planning Board shall provide a recommendation to the Zoning Board of appeals. Staff Comments • Location -The project is located at 105 Fitzgerald Road on a 2.42 ac parcel in the Waterfront Residential zone. • Arrangement- The project site has an existing single family home and access drive. There are no changes to the existing home. • Site Design- The site is a 2.42 ac parcel that is an odd shape. • Building — The existing home is 1068 sq ft with porches/deck area of 614 sq ft. The existing sauna is 56 sq ft and the existing lean-to is 42.6 sq ft. There are no changes to the existing sauna or lean-to. • Site conditions -The parcel is located on Glen Lake and has slope areas that are 15% or greater. • Grading and drainage plan, Sediment and erosion control -The applicant has requested a waiver from stormwater management. The applicant has indicated there are no changes to the site stormwater management. • Landscape plan -The applicant has provided photos of the shoreline vegetation and location of the Leanto and Sauna. There are no plantings to be removed or installed. Photos show more than three trees larger than 3 inch diameter, and sporadic ground cover type plantings. Below are the guidelines from the shoreline buffer code section o Shoreline Buffer - Section 179-8-040 -Minimum width 20 ft (Glen Lake) -For every 700 sgft of shoreline buffer area —one large tree minimum 3 inches in diameter -For every 350 sq ft of ground cover -7 — 24 in native shrubs; 14 herbaceous plants Project site -101 ft of shoreline per survey -Shoreline buffer 101 ft X 20 ft width is 2020 sq ft -Shoreline buffer area -2020 /700 = 2.9 round up to 3 -three large trees at 3 inch diameter -Ground cover-2020/350 = 5.8 round up to 6 (X7) =42 native shrubs and 6 (X14) herbaceous plants=84 o Shoreline Cutting restrictions and Cutting Plan- Section 179-6-050 - - within 35 ft lakes or ponds & 75 ft streams, wetlands and rivers no vegetation within the first 6 ft and no woody vegetation greater than one inch dbh removed from 6 ft to 35ft/75 ft area to be maintained as natural buffer -A cutting plan allowing greater may be permitted by the Planning Board Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75 ft whichever is less - 101 ft Shoreline X 30%= 30.3 feet of the shoreline buffer cut to allow a view, access and to reduce runoff (such as angled across the lot). A cutting plan allowing greater may be permitted by the Planning Board - Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable within the 30%/75 ft cut area. • Site lighting plan -There are no changes to the residential lighting. • Utility details -There are no changes to the existing utilities. • Elevations and Floor plans -The applicant has provided photos of the sauna and lean-to. The Sauna is existing and is 7 ft in diameter and 8 ft long. The Lean-to is 12X4X10 and is built into the hill as an open structure with no doors. • Waivers -Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. signage, j. stormwater, 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. The applicant provided information for k. topography, and 1. landscaping. • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Nature of Variance The Sauna is 24.5 ft from the shoreline and the Lean-to is 17 ft from the shoreline where a 50 ft shoreline setback is required. Summary The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for setbacks. Meeting History: 1 St Meeting Town of Queensbury j Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to Zoning Board of Appeals Area Variance 27-2023 ELIZABETH HOGAN Tax Map ID: 289.14-1-27.2 / Property Address: 105 Fitzgerald Road / Zoning: WR The applicant has submitted an application for the following: Applicant requests to maintain a 42 sq. ft. sauna building and a 46 sq. ft. lean-to building both within 50 ft. of the shoreline. The sauna and lean-to were constructed as amenities to the lake. The existing 1,682 sq. ft. home to remain unchanged. The existing site conditions and steps are also to remain unchanged. Pursuant to chapter 179-3-040 & 179-6-065, site plan for new floor area in a CEA, and hard surfacing within 50 ft of the shoreline shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks. Planning Board shall provide a recommendation to the Zoning Board of appeals The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE 27-2023 ELIZABETH HOGAN. Introduced by who moved for its adoption, and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal. K' b) The Planning Board, based on a limited review, has identified the following areas of concern: 1) Duly adopted this 15"' day of August 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 54-2023 @ 446 Dix Avenue Ibrahim Jamal (Cameron's Deli) No public hearing Draft resolution- Planning Board Recommendation to the Zoning Board of Appeals The Town of Queensbury Planning Board Community Development Department Staff Notes August 15, 2023 Site Plan 54-2023 IBRAHIM JAMAL (Cameron's Deli) 446 Dix Avenue / Commercial Moderate / Ward 2 SEQR Type II Material Review: site plan application, stormwater management, floor plans, elevations, lighting, landscaping Parcel History: SP 34-95, SP 60-2016, AV 31-2023 Warren Co Referral Sent: August 2023 / Comments: Requested Action Recommendation to the Zoning Board of Appeals for setbacks of a proposed fuel canopy. Resolutions 1. Recommendation Project Description Applicant proposes a 1,818 sq ft single story convenience store addition to an existing 3,514 sq ft deli that will remain with access to each use internally. The existing building is for Cameron's deli and currently has a basement and garage with a second story. The project includes construction of a 1,458 sq ft gas canopy with 6 fueling stations. The site work included stormwater management, lighting and landscaping. Pursuant to chapter 179-3-040, site plan for a new commercial use in the CM zone shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks. Planning Board shall provide a recommendation to the Zoning Board of Appeals. Staff Comments • Location -The project site is located at 446 Dix Avenue on a 1.35 ac parcel in the Commercial Moderate Zone • Arrangement -The site currently contends a building of 3,514 sq ft operating a deli and convenience store that is to remain. A 2 story building is attached to the building and included in the footprint of the existing building. • Site Design- The project is a convenience store addition and construction of a canopy for a fuel island for 6 pumps. The site will retain the two existing access points one on Dix Avenue and one on Queensbury Avenue. The project includes an exterior patio for outdoor eating and other hard surfacing for the gas canopy and parking. • Building — The project includes a one story 1,818 sq ft addition to the existing building that will have internal access between both. The construction of a 1,458 sq ft gas canopy is also proposed for 6 fueling stations. • Traffic- The applicant proposes 48 parking spaces where currently there is 43 parking spaces. • Grading and drainage plan, Sediment and erosion control -The plans show the existing stormwater management with a drainage basin along Dix Avenue. In addition there are catch -basins on site to remain. The plans indicate a new basin is to be added to the west north corner area. The information has been provided to the Town Designated Engineer for review and comment. • Landscape plan -The plans show areas of disturbance to be hydro seeded along the east property line area. Additional plantings to be installed at the Dix Avenue access west side then also along the sidewalk area of the addition. On the south border is an addition 25 summer sweet container plantings. The applicant has noted there are existing fences adjoining between the residential use and commercial use property lines. A review of the plan indicates there are some gaps in the existing fencing and all fencing appears to be on the adjoining properties. The applicant has requested waivers for the buffer. The board may have further discussions as the buffer guidance is 50 ft from commercial use to residential use — buffer types can be landscaped with berm or fencing. • Site lighting plan -The plans provided are for the existing conditions and the proposed light poles. The applicant has requested a waiver for the Canopy lighting as a gas supplies has not been selected. The lighting average indicates 1.17 foot candles. The board may have further discussions about the site lighting. • Utility details -The plans indicate a new connection to the water line on Dix Avenue. The plans have been provide to the Town Water Department for review and comment. • Signage-The plans indicate there is to be at least one sign of 27 sq ft with Cameron's Deli words and price information for Regular and Diesel. The plans do not indicate if this will be a wall sign or a free standing sign. The board may have further discussion about signage. • Elevations -The elevations indicate the top of the addition is to be 29 ft 8 inches. The addition is to match the existing beige siding and dark brown trim. • Floor plans -The floor plan shows the interior of the deli and convenience store arrangement. • Waivers- The applicants request a waiver for 1. landscaping —related to the buffer o Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Nature of Variance The project as proposed places the canopy at 56.9 ft from the front property line where a 75 ft setback is required. Summary The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for setbacks. Meeting History: 1" Meeting FIRE MARSHAL'S OFFICE Tozvn of Queensbury 742 Bay Road, Queensbury, NY 12804 "Home of Natural Beauty... A Good Place to Live" PLAN REVIEW (site) Cameron's Deli 446 Dix Avenue SP — 54 - 2023 7/28/2023 The following comments are based on a review of submittals: • FM has no issues at this time Michael J Palmer Fire Marshal 742 Bay Road Queensbury NY 12804 firemarshal@queensbury.net Fire Marshal's Office - P h o 1t e: 518-761-8206 - Fax: 518-745-4437 {itetattnsltal@gtteettsbttnl.net - 7MMqueensbumnet Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to Zoning Board of Appeals Area Variance 31-2023 IBRAHIM JAMAL Tax Map ID: 303.16-1-58 / Property Address: 446 Dix Avenue / Zoning: CM The applicant has submitted an application for the following: Applicant proposes a 1,818 sq ft single story convenience store addition to an existing 3,514 sq ft deli that will remain with access to each use internally. The existing building is for Cameron's deli and currently has a basement and garage with a second story. The project includes construction of a 1,458 sq ft gas canopy with 6 fueling stations. The site work included stormwater management, lighting and landscaping. Pursuant to chapter 179-3-040, site plan for a new commercial use in the CM zone shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks. Planning Board shall provide a recommendation to the Zoning Board of Appeals. The Town of Queensbury Zoning Ordinance, per Section 179-9-070 J 2 b. requires the Planning Board to provide a written recommendation to the Zoning Board of Appeals for projects that require both Zoning Board of Appeals & Planning Board approval; The Planning Board has briefly reviewed and discussed this application, the relief request in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community, and found that: MOTION TO MAKE A RECOMMENDATION ON BEHALF OF THE PLANNING BOARD TO THE ZONING BOARD OF APPEALS FOR AREA VARIANCE 31-2023 IBRAHIM JAMAL. Introduced by who moved for its adoption, and a) The Planning Board, based on a limited review, has not identified any significant adverse impacts that cannot be mitigated with current project proposal. b) The Planning Board, based on a limited review, has identified the following areas of concern: 1) Duly adopted this 151" day of August 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 57-2023 & Special Use Permit 4-2023 @ 1135 Ridge Road Rachael Lujbli Public Hearing scheduled SEAR II Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board Community Development Department Staff Notes .......... August 15, 2023 Site Plan 57-2023 & RACHAEL'S BREAD, COOKIES & MORE Special Use Permit 4-2023 1135 Ridge Road / Neighborhood Commercial / Ward 1 SEQR Type II Material Review: site plan application, special use permit responses, survey, site plan, floor plan Parcel History: SP 3-2013 Warren Co Referral Sent: August 2023 / Comments: Requested Action Planning Board review and approval to use a lower level of an existing two story building for a bakery kitchen. Resolutions 1. PB decision Project Description Applicant proposes to utilize a portion of the lower level of an existing two story building for a kitchen. The existing dance studio on the upper level will remain. The existing building, with a 2,432 sq ft footprint, will be altered with an awning over the loading area to minimize weather impact on product. The lower level kitchen area will be updated per the requirements to operate a bakery kitchen. All products made will be for delivery with no interior or exterior seating. Pursuant to chapter 179-3-040 & 179-10-040, site plan for new tenant and special use permit for food service in the NC zone shall be subject to Planning Board review and approval. Staff Comments • Location -The project is located at 1135 Ridge Road on a 2.21 ac parcel in a Neighborhood Commercial zone. • Arrangement- There is an existing building and parking arrangement that is to remain with no changes. • Site Design- There are no changes to the site. • Building — The applicant proposes to reuse an existing 2432 sq ft building with the first floor to remain as a dance, exercise studio and the basement area is to be updated for a bakery kitchen. The applicant proposes an awning to be installed over the loading dock to protect products during inclement weather. • Traffic- The parking area is paved but not stripped. The previous site plan indicates 45 spaces could be arranged in the parking area. The previous survey showed 7 parking spaces and large area of asphalt parking lot area. The applicant has included 4 additional spots on the plan for employees of the food service. The project is only for bakery and no seating interior or exterior is proposed. • Grading and drainage plan, Sediment and erosion control -The applicant proposes no changes to the existing site. • Landscape plan -The applicant proposes no changes to the existing site. • Site lighting plan- The applicant proposes no changes to the existing lighting. • Utility details -The applicant proposes to no changes to the site utilities. The plans show the sewage disposal field and tank. 0 Signage-There are no changes to the signage at this time. • • Elevations -The applicant has indicated the only change is the awning • Floor plans -The applicant has shown the upstairs for studio usage. The basement area is broken down to the large area and then the smaller area dedicated to kitchen area. • Waivers -Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. signage, j. stormwater, k. topography, 1. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal. • The waivers requested —Staff finds it reasonable to request a waiver for these items as there are no changes to the site. • 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 Food Service use in the Neighborhood Commercial Zone requires a Special Use Permit. The following criteria is outlined in 179-10-060 general criteria. • Harmony with the Comprehensive Plan — There are no exterior changes and the use will allow for two useable floors for business use. • Compatibility — there are neighboring business operations as the parcel is on a corner and consistent with the Neighborhood commercial zone. • Access, circulation and parking — There are no changes to the parking area — it is noted the site may accommodate up to 45 vehicles if necessary. Only four spaces are anticipated for the new food use. There is no seating as the business is just for kitchen not an eating establishment. • Infrastructure and services — There are no changes to the existing utilities. There will be delivery vehicles to the site for products needed for the bakery. • Environment and natural features — There are no changes to the site. The building and parking area to remain as is. • Long-term effects- The economic benefit is for a business to expand from a home kitchen to a commercial building. • The applicant requests a permanent special use permit. Summary The applicant has completed a site plan application and special use permit to operate a commercial kitchen for a bakery Meeting History: 1 st Meeting arm FIRE MARSHAL'S OFFICE Town of Queensbunj 742 Bay Road, Queensbuny, NY 12804 "Houle of Natural Beauty... A Good Place to Live" PLAN REVIEW (site) Rachels Bread and Cookies 1135 Ridge Road SP — 57 - 2023 7/31/2023 The following comments are based on a review of submittals: • FM has no issues at this time ,t\k�---S E:a Michael J Palmer Fire Marshal 742 Bay Road Queensbury NY 12804 firemarshal@queensbury.net Fire Marshal's Office • P h o u e: 518-761-8206 • Fax: 518-745-4437 ireratarshal@queensbunl.iiet - zvzvzv queensbun .f� let owTown of Queensbury l Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION — Grant / Deny Site Plan Approval SITE PLAN 57-2023 & SPECIAL USE PERMIT 4-2023 RACHAEL'S BREAD, COOKIES & MORE Tax Map ID: 279.18-1-6 / Property Address: 1135 Ridge Road / Zoning: NC The applicant has submitted an application to the Planning Board: Applicant proposes to utilize a portion of the lower level of an existing two story building for a kitchen. The existing dance studio on the upper level will remain. The existing building, with a 2,432 sq ft footprint, will be altered with an awning over the loading area to minimize weather impact on product. The lower level kitchen area will be updated per the requirements to operate a bakery kitchen. All products made will be for delivery with no interior or exterior seating. Pursuant to chapter 179-3-040 & 179-10-040, site plan for new tenant and special use permit for food service in the NC zone shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 8/15/2023 and continued the public hearing to 8/15/2023 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 8/15/2023; 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 57-2023 & SPECIAL USE PERMIT 4-2023 RACHAEL'S BREAD, COOKIES & MORE; Introduced by who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted/denied: 2) The approval is valid for one (1) year from the date of approval. Applicant is responsible for requesting an extension of approval before the one (1) year time frame has expired. 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) If application was referred to engineering, then engineering sign -off required prior to signature of Zoning Administrator of the approved plans; Page 1 of 2 Phone: 518.761.8220 1 Fax: 518.745.4437 1742 gay Road, Queensbury, NY 12804 1 www.queensbury.net b) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements, c) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; d) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; e) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; f) As -built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy; g) Resolution to be placed on final plans in its entirety and legible. h) Special use permit is temporary / renewable / permanent. Duly adopted this 15t" day of August 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 56-2023 @ 900 State Route 9 New Potato Creek Holding LLC (Tidal Wave) Public Hearing scheduled SEAR II Draft resolution- grant/deny site plan approval Town of Queensbury Planning Board Community Development Department Staff Notes August 15, 2023 Site Plan 56-2023 NEW POTATO CREEK HOLDING, LLC. 900 State Route 9 / Commercial Intensive / Ward 1 SEQR Type II Material Review: site plan application, survey, floor plans, elevations, signage, stormwater management Parcel History: SP 60-2007, SP 37-2018, AV 35-2018 Warren Co Referral Sent: August 2023 / Comments: Requested Action Planning Board review and approval to demolish an existing building and construct a car wash and vacuum area with canopy. Resolutions 1. PB decision Project Description Applicant proposes demolition of an existing building in order to construct a 3,910 sq ft car wash facility and a 2,730 sq ft canopy for 22 onsite vacuums. The project includes additional accessory buildings: a pay kiosk structure and two vacuum service buildings of 154 sq ft each. The building colors will be the blues associated with the Tidal Wave brand. The project includes associated site work for stormwater management, utilities and site landscaping. Pursuant to chapter 179-3-040, site work for new commercial use in the Cl district shall be subject to Planning Board review and approval. Staff Comments • Location -The project is located at 900 State Route 9 on a 1.66 ac parcel in the Commercial Intensive zone. • Arrangement- The site has an existing building to be demolished. The site has access to an existing traffic light and has existing interconnection to the adjoining properties that is to remain. • Site Design- The site will have one building for car wash and one canopy for vacuum. The drive aisle allows for access to the structures separately. The site includes landscaping on border of the property and some interior areas. • Building — The car wash structure is to be 3,910 sq ft and the vacuum canopy is to be 2730 sq ft. Both structures will be greater than 75 ft from the front property line. • Site conditions -The site currently exists as a Pizzeria Uno Restaurant with associated parking, lighting and stormwater. • Traffic- The carwash & vacuum operation requires 20 spaces and proposed is 28 spaces. • Grading and drainage plan, Sediment and erosion control -The stormwater plan includes drainage system with catch basins. The north property line appears to have a drainage channel but it is not labeled. The board may request additional information for stormwater management on the site. • Landscape plan -The plans indicate the site will contain a variety of plantings and include lawn areas. There about 11 trees proposed. The board may request additional trees or additional landscaping on the site. • Site lighting plan -The plans call for 5 wall lights. The pole lights include single and double head fixtures at 20 ft in height. There are to be 10 pole lights total. The average site foot candle is to be 3.17 fc. • Utility details -The sewer and water connections will be municipal. The Water and Wastewater Department are reviewing plans. • Signage-The plans show a free standing internally lit monument sign of 41 sq ft. The plans show a wall sign of 19.01 sq ft with illuminated letters. Directional sign poles — proposed is 3 at 6 ft in height and 4.5 sq ft each o The following signs are subject to variance —more than one wall sign 3 additional wall signs proposed (4 proposed total), more than one free standing sign 3 additional free standing (4 proposed total) ■ Tunnel entrance wall sign 19.01 sq ft with illuminated letters — variance more than one wall sign ■ Dumpster wall sign gate panels — one panel 21.7 sq ft, one panel 18.3 sq ft — variance more than one wall sign ■ 2- Menu board -vinyl applied to acrylic face — each 26.5 sq ft — variance more than one free standing sign ■ Entrance sign — proposed at 3 ft in height at 6 sq ft. Variance more than one free standing sign Elevations -The elevations show the fagade of the carwash building with brick -like features in brown -grey colors, the roof and some trim to be blue, the wall features to be a quinoa color. The Vacuum canopy is open sided with a roof of blue color. Floor plans -The carwash building is arranged for the wash tunnel, mechanical room, equipment room, electrical room and rest room. The Vacuum Canopy is to have 22 stalls with vacuum units within the divider areas between vehicles. Waivers -No waivers have been requested at this time • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Summary Applicant proposes a new car wash business with a car wash and vacuum operations. The board may request additional information for stormwater and landscaping. Meeting History: 1st Meeting FIRE MARSHAL'S OFFICE T071717 of Queensbury 742 Bay Road, Queensbury, NY 12804 "Home of Natural Beauty... A Good Place to Live" PLAN REVIEW (site) New Potato Creek (Tidal wave) 900 Route 9 SP — 56 - 2023 7/28/2023 The following comments are based on a review of submittals: • FM has no issues at this time Michael J Palmer Fire Marshal 742 Bay Road Queensbury NY 12804 firemarshal@queensbury.net Fire Marshal 's Office • PItoite: 518-761-8206 - Fax: 518-745-4437 Crelltat•shal@gtteeltsbttl7t.rcet - zvz Mqueensbulll.net Town of Queensbury Community Development Office oIw e 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION — Grant / Deny Site Plan Approval SITE PLAN 56-2023 NEW POTATO CREEK HOLDING, LLC. (TIDAL WAVE) Tax Map ID: 296.17-1-47 / Property Address: 900 State Route 9 / Zoning: CI The applicant has submitted an application to the Planning Board: Applicant proposes demolition of an existing building in order to construct a 3,910 sq ft car wash facility and a 2,730 sq ft canopy for 22 onsite vacuums. The project includes additional accessory buildings: a pay kiosk structure and two vacuum service buildings of 154 sq ft each. The building colors will be the blues associated with the Tidal Wave brand. The project includes associated site work for stormwater management, utilities and site landscaping. Pursuant to chapter 179-3-040, site work for new commercial use in the Cl district shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of Queensbury Zoning Code -Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation; The Planning Board opened a public hearing on the Site plan application on 8/15/2023 and continued the public hearing to 8/15/2023, 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 8/15/2023; 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 56-2023 NEW POTATO CREEK HOLDING LLC (TIDAL WAVE); 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. Pagel of 2 Phone: 518.76i..8220 I Fax: 518.745.4437 1742 gay Road, Queensbury, NY 128041 www.queensbury.net 3) Adherence to the items outlined in the follow-up letter sent with this resolution. a) The limits of clearing will constitute a no -cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development staff; b) If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection; c) If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office; d) If application was referred to engineering then Engineering sign -off required prior to signature of Zoning Administrator of the approved plans; e) Final approved plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building and site improvements;- f) If required, the applicant must submit a copy of the following to the Town: a. The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work. b. The project NOT (Notice of Termination) upon completion of the project; c. The applicant must maintain on their project site, for review by staff: i. The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan was prepared and approved; ii. The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required. g) Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel; h) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; i) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution; j) As -built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy. k) This resolution is to be placed in its entirety on the final plans Duly adopted this 151h day of August 2023 by the following vote: AYES: NOES: Page 2 of 2 Phone: 518.761.8220 I Fax: 518.745.4437 1742 Bay Road, Queensbury, NY 128041 www.queensbury.net