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12-12-2023 (Queensbury Planning Board 12/12/2023) QUEENSBURYPTANNINGBOARD MEETING FIRSTREGUTAR MEETING DECEMBER I21F;2023 INDEX Site Plan No.75-2022 Garvey KIA 1. REQUEST FOR 1S MONTH EXT. Tax Map No. 303.6-1-4 Site Plan No.75-2023 Mary Sicard 3. Petition for Change of Zone 5-2023 Tax Map No.297.20-1-2.1 Special Use Permit 5-2023 SEEK LEAD AGENCY Site Plan No.5-2023 Geraldine Eberlein 4. FURTHER TABLING Tax Map No.227.17-1-25,227.17-1-24 Site Plan No.79-2023 21 Baywood Drive,LLC 5. Tax Map No.296.11-1-37 Site Plan No. SO-2023 Nick Carlino 6. Tax Map No. 309.9-2-4 Discussion 1-2023 Richard Hughes 12. Tax Map No.296.19-1-35 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 12/12/2023) QUEENSBURY PLANNING BOARD MEETING FIRST REGULAR MEETING DECEMBER 12TK,2023 7.00 P.M. MEMBERS PRESENT STEPHEN TRAVER,CHAIRMAN DAVID DEEB,VICE CHAIRMAN MICHAEL DIXON,SECRETARY WARREN LONGACKER NATHAN ETU ELLEN MC DEVITT,ALTERNATE FRITZ STEFANZICK,ALTERNATE MEMBERS ABSENT BRAD MAGOWAN BRADY STARK 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, December 12`h, 2023. This is our first meeting for the month of December and our 25`h meeting thus far for 2023. If you would make note of the illuminated red exit signs. In the event of an emergency those lights identify the emergency exits. If you have a cell phone or other electronic device, if you would either turn it off or turn the ringer off, so as not to interrupt our proceedings, we would appreciate that,and we also ask that during the meeting,aside from the public hearing portion,we ask for silence because we do record the minutes,we record the meeting for the minutes and if you wish to have conversation amongst yourselves in the audience, if you would move to the outer lobby to have that discussion we'd appreciate that because. With that we have a couple of Administrative Items that we will begin with. The first being approval of minutes for the two October meetings, that is October 17 and October 24,2023, and we have a draft resolution to the effect,unless any members have any questions or concerns with those minutes. Okay. APPROVAL OF MINUTES October 17`h,2023 October 24`h,2023 MOTION TO APPROVE THE QUEENSBURY PLANNING BOARD MEETING MINUTES OF OCTOBER 17h &z OCTOBER 24`h, 2023, Introduced by Michael Dixon who moved for its adoption, seconded by Warren Longacker: Duly adopted this 12`h day of December,2023,by the following vote: AYES: Mr. Deeb,Mr. Dixon,Mr. Longacker, Mrs. McDevitt,Mr. Stefanzick,Mr. Etu,Mr. Traver NOES: NONE ABSENT: Mr. Magowan, Mr. Stark MR. TRAVER-Okay. Thank you. Next we have Site Plan 75-2022. This is for Garvey KIA. ADMINISTRATIVE ITEMS: SITE PLAN 78-2022 MARC GARVEY—REQUEST FOR AN 18 MONTH EXTENSION ETHAN HALL, REPRESENTING APPLICANT,PRESENT; SEAN GARVEY,PRESENT MR. TRAVER-They are requesting an 1S month extension to their approval, and they provided us with a letter of explanation as well. Laura? MRS. MOORE-Yes. So they've asked for a year and a half. They've explained that there's excessive cost in finding bids for jobs and the KIA,the new requirements for them. They've been trying to locate a builder. 2 (Queensbury Planning Board 12/12/2023) So they're at that stage where they would like a year and a half. We typically grant a year,but that is up to the Board. MR. TRAVER-Right. MRS. MOORE-And the applicant is present at the table if you want to hear any additional information. MR. TRAVER-Okay, and just to clarify, as you pointed out, it is normally a one year extension that we grant,but you're saying that it is within our purview to grant an 1S month extension? MRS. MOORE-Yes. MR. TRAVER-Okay. Thank you. Good evening. MR.HALL-Good evening. MR. GARVEY-I'm Sean Garvey and this is Ethan Hall. MR. TRAVER-Okay. MR.HALL-The project architect. So,yes,as Sean said and as Laura said,they are looking for an extension. When we were back before you to get the site plan re-approved, at that point we were re-designing the building to the new KIA standards. All of our drawings are at KIA right now being reviewed by their corporate. So it's kind of put us a little bit behind in the fact that they're doing their review before we can get final pricing and final quotes. Finding contractors to actually get to there and do the work has put us behind even further. We have done all of the site testing. We've been on site and done some clearing in the summertime. We got out there and did all of our test borings for the geotechnical work and that kind of stuff,but we're at the point where all of our drawings are being reviewed, and as soon as that gets done we'll be able to go out to bid with everything,and get a contractor on board. We're hoping to have,when the frost is in the ground, to be able to get out there and clear the lot. We've had our pre-construction meeting with Bruce Frank. Everything's done with that. He told us we have the go ahead to start doing the site work,but I think that's kind of where we stand at this point. MR. TRAVER-Okay. MR. HALL-So he's hoping we can get the extension so that once the ball gets rolling we can keep going and not have to come back and bother you again. MR. TRAVER-Well, to that, we generally grant twelve month extensions and it's not unheard of for projects to come back at the end of that time and say we're still not ready. We need another extension, but you're asking for 1S months,which is a bit unusual,but I will open it up for questions,comments from members of the Board regarding 1S month versus 12 month. MR. DEEB-I don't,have we ever given an 1S month? I don't think we have. MRS. MOORE-I can't remember which project,but I think we have. We have granted one at least. MR.HALL-Let me ask this question. As long as the project is under construction,that pretty much keeps us good with our site plan approval once the building permit's been issued? Is that correct? MRS. MOORE-Once you've started significant. MR.HALL-Once we've started significant work. I would think that 12 months would be,I mean by this time next year,we better be in the ground. MR. GARVEY-The ask for 1S was just to give us an additional buffer in case there were unforeseen delays. The re-design of the building, I should say the new requirements for the brand, the KIA franchise, is frustratingly expensive, and it's trying to re-design and trying to give us waivers. MR.HALL Just to give you an idea of what Sean's referring to,the lighting in the showroom alone,just the lighting package, to do the showroom, without being installed, the lights came back at $290 some odd thousand dollars,just for the light fixtures that KIA requires. MR. GARVEY-In boxes. MR.HALL-So we're doing a little bit of horse-trading with them right now trying to work out those things. MR. TRAVER-Right. It does sound as though there are a number of aspects to the project that you can get done in the meantime,though,right? 3 (Queensbury Planning Board 12/12/2023) MR.HALL-Absolutely. Absolutely. MR. TRAVER-Right. All right. MR. DEEB-I wouldn't be against if you come back in a year. MR. GARVEY-I just chose 18 because I thought it would be easier for everyone involved. Dealing with the manufacturer is difficult. It's time consuming. That's why I asked for the 18 months. MR. TRAVER-Well my preference would be to keep with 12 like we normally do. MR. LONGACKER-I'm okay with IS. MR. STEFANZIK-I'm fine with IS,especially given some of the stuff that you may have to deal with. MR. DEEB-I'm either way. MR. TRAVER-Okay. MRS. MC DEVITT-I think once you go down that road of 18 months perhaps it gets harder to say no,but I don't have that much experience. MR. DEE&We've already gone down that road. MR. DIXON-1 thought we did a commercial project a while back that we approved and we gave a longer extension and it ended up having to do with the winter months that they were going. You have about three or four months,you just don't know what's going to happen in the winter. So you're idle for that period of time. MR. TRAVER-All right. I'm not hearing really any serious objections to 18 months. So we'll go ahead with that. We have a draft resolution to that effect. RESOLUTION GRANTING AN 18 MONTH EXTENSION SP#78-2022 MARC GARVEY Applicant proposed to the Planning Board constructing an 18,000 sq. ft. footprint building with a 21,000 sq.ft.floor area for auto sales and service facility. The Planning Board approved this project on December 13,2022. The applicant is requesting an 18 month extension,valid until June 12,2025. MOTION TO APPROVE AN 18 MONTH EXTENSION FOR SITE PLAN 78-2022 GARVEY KIA. Introduced by Michael Dixon who moved for its adoption,seconded by Nathan Etu. Duly adopted this 12`h day of December 2023 by the following vote: AYES: Mr. Dixon, Mr. Longacker,Mrs. McDevitt,Mr. Stefanzick, Mr. Etu,Mr. Deeb,Mr. Traver NOES: NONE ABSENT: Mr. Magowan, Mr. Stark MR. TRAVER-You're all set. MR.HALL-Great. Thank you very much. MR. GARVEY-Thank you. MR. TRAVER-The next administrative item is for Site Plan 78-2023. This is a Petition of Zone Change 5- 2023 and Special Use Permit 5-2023 Mary Sicard. This is our resolution to Request Lead Agency status. Laura? SITE PLAN 78-2023 PETITION OF ZONE CHANGE 5-2023 &z SPECIAL USE PERMIT 5-2023 MARY SICARD—SEEK LEAD AGENCY MRS.MOO RE-So this applicant proposes to use a portion of the 8.51 acres for a storage yard. There's two existing boat storage buildings and a residence to remain unchanged. The project includes plantings along the front yard. The zoning change is to add storage yard as an allowed use in the CLI zone through Site Plan and Special Use Permit. 4 (Queensbury Planning Board 12/12/2023) MR. TRAVER-Okay. Thank you. Any questions, comments regarding this? It's really just beginning the process by triggering the calendar on the Lead Agency status. Any questions, comments on that? Okay. We have a draft resolution to that effect. RESOLUTION SEEKING LEAD AGENCY STATUS SP 75-2023, PETITION OF ZONE CHANGE 5- 2023&SUP 5-2023 MARY SICARD WHEREAS, the applicant proposes to use a portion of an 5.51 acre parcel to continue use for a storage yard. The two existing boat storage buildings and residence to remain unchanged. The project includes a planting plan along the front yard area. The project also includes a zone change to add storage yard as an allowed use in the CLI zone as a site plan and special use permit. Pursuant to chapter 179-3-040,179-10- 040&179-5-100,site plan and special use permit shall be subject to Planning Board review and approval. This project is subject to coordinated SEQR review with the Town Board. The Planning Board will seek Lead Agency status. WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review process under the State Environmental Quality Review Act(SEQRA). WHEREAS,the Planning Board of the Town of Queensbury has identified the project to be a Type I action for purposes of SEQR review pursuant to 6 NYCRR 617. WHEREAS,the Planning Board is the agency most directly responsible for approving the action because of its responsibility for approving the land uses for the property. NOW,THEREFORE BE IT RESOLVED,the Planning Board of the Town of Queensbury hereby indicates its desire to be lead agency for SEQRA review of this action and authorizes and directs the Zoning Administrator to notify any other potentially involved agencies of such intent. That Part I of the SEQRA form will be sent to the appropriate agencies. MOTION TO SEEK LEAD AGENCY STATUS IN CONNECTION WITH SITE PLAN 78-2023, PETITION OF ZONE CHANGE 5-2023 &z SPECIAL USE PERMIT 5-2023 MARY SICARD, Introduced by Michael Dixon who moved for its adoption,seconded by Fritz Stefanzick. As per the draft resolution prepared by staff. Duly adopted this 12`h day of December 2023 by the following vote: AYES: Mr. Longacker,Mrs. McDevitt,Mr. Stefanzick, Mr. Etu,Mr. Deeb,Mr. Dixon,Mr. Traver NOES: NONE ABSENT: Mr. Magowan, Mr. Stark MR. TRAVER-The next administrative item is Site Plan 5-2023. This is Geraldine Eberlein. SITE PLAN 5-2023 GERALDINE EBERLEIN—TABLE TO JANUARY 16,2023 MR. TRAVER-They want to be tabled until next month,January 16`h. Laura? MRS. MOORE-So this application has gone a whole year being tabled. I apologize for that,but they have finally reached an agreement with neighbors and are going back to present information to the Town Board. My hope is that it's in the January meetings,and then they'll be ready to come to this Board for a Planning Board recommendation. MR. TRAVER-Okay. Questions, comments on that request? It's basically at this point a one month extension. Okay. Hearing none we have a draft resolution to the effect. RESOLUTION TABLING SP 5-2023 GERALDINE EBERLEIN 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.Pursuant to Chapter 179-3-040,179-6-065,179-6-050,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. 5 (Queensbury Planning Board 12/12/2023) MOTION TO TABLE SITE PLAN 5-2023 GERALDINE EBERLEIN. Introduced by Michael Dixon who moved for its adoption,seconded by Warren Longacker. Tabled until the January 16,2023 Planning Board meeting with information due December 15,2023. Duly adopted this 12`h day of December 2023 by the following vote: AYES: Mrs. McDevitt,Mr. Stefanzick,Mr. Etu,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mr. Traver NOES: NONE ABSENT: Mr. Magowan, Mr. Stark MR. TRAVER-Okay. Now we move to our regular agenda. The first section being New Business, and the first item 21 Baywood Drive LLC. This is Site Plan 79-2023. Laura? NEW BUSINESS: SITE PLAN NO. 79-2023 SEQR TYPE: TYPE 11. 21 BAYWOOD DRIVE, LLC. AGENT(S): RUCINSKI-HALL ARCHITECTURE. OWNER(S): SAME AS APPLICANT. ZONING: O. LOCATION: 21 BAYWOOD DRIVE. APPLICANT PROPOSES TO UPGRADE AN EXISTING PARKING AREA,INCREASING NUMBER OF SPACES FROM 15 TO 18. SITE WORK INCLUDES GRADING AND PAVEMENT FOR NEW PARKING. THE EXISTING 2,368 SQ.FT.FOOTPRINT BUILDING TO REMAIN WITH INTERIOR ALTERATIONS HAVING BEEN STARTED ON PATIENT AND OFFICE AREAS. PURSUANT TO CHAPTER179-3-040 &z 179-6-050, NEW PARKING ON EXISTING SITE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE: SUB 1-1989 WARREN CO. REFERRAL: N/A. SITE INFORMATION: WETLANDS. LOT SIZE: 0.63 ACRE. TAX MAP NO. 296.11-1-37. SECTION: 179-3-040,179-6-050. ETHAN HALL, REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS.MOORE-So this is a parking lot expansion,increasing the number of spaces from 15 to I8. Site work includes grading and paving of new parking area. The existing 2,368 square foot footprint building is to remain with no changes,exterior. MR. TRAVER-Good evening. MR.HALL-Good evening. For your records,Ethan Hall,principle with Rucinski Hall Architecture,here tonight representing Dr. Diane Sandu and 21 Baywood LLC. As Laura explained, it's an existing dental office. There's 15 parking spaces there now. It's proven that it's a fairly congested parking area and she'd like to get a few more parking spaces. We've looked at different options. Our issue that we have at expanding at the back of the lot is we start bumping up against the wetlands. There's some wetlands in the back of the lot. We'd be encroaching into that. So at this point we're looking to just put three parking spaces across the front,right by the front entryway. That will alieve here for a short period. She's hoping that that'll at least help not having cars having to park along the edge of Baywood Drive which is what she's experiencing right now. MR. TRAVER-Okay. Questions,comments from members of the Board? MR.ETU-I'm a patient of Dr.Sandu and it definitely could use a little extra parking. Is that double parking in the back,is that already happening? MR. HALL-Yes. They double stack back there. One car kind of parks behind it and then somebody else. Mostly it's staff back there. She's hoping to be able to alleviate people parking on the street. Actually she's gone and spoken to some of the neighbors, the neighboring properties. There's a cleaning service across the street. The Maid's cleaning service is across the street. They're not typically there during the day. So what she's trying to work out with them is maybe her staff could park in their parking lot, hopefully alleviate some of that. MR. TRAVER-Okay. There is a public hearing on this application. Is there anyone in the audience that wants to address the Planning Board regarding this application? I'm not seeing any. Are there written comments,Laura? PUBLIC HEARING OPENED MRS. MOORE-There's no written comments. 6 (Queensbury Planning Board 12/12/2023) MR. TRAVER-Okay. Then we'll go ahead and close the public hearing. PUBLIC HEARING CLOSED MR. TRAVER-Any discussion questions from members of the Board? We have a draft resolution. RESOLUTION APPROVING SP#79-2023 21 BAYWOOD DRIVE,LLC Applicant proposes to upgrade an existing parking area, increasing number of spaces from 15 to 1S. Site work includes grading and pavement for new parking. The existing 2,36E sq. ft. footprint building to remain with interior alterations having been started on patient and office areas. Pursuant to chapter 179- 3-040&179-6-050,new parking on existing site 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 opened a public hearing on the Site plan application on 12/12/2023 and continued the public hearing to 12/12/2023 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 12/12/2023; 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 79-2023 21 BAYWOOD DRIVE LLC, Introduced by Michael Dixon who moved for its adoption; Per the draft provided by staff conditioned upon the following conditions: 1) Waivers request granted: 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; 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. Motion seconded by Nathan Etu. Duly adopted this 12`h day of December 2023 by the following vote: AYES: Mr. Stefanzick,Mr. Etu,Mr. Deeb, Mr. Dixon,Mr. Longacker,Mrs. McDevitt,Mr. Traver NOES: NONE ABSENT: Mr. Magowan, Mr. Stark MR. TRAVER-You're all set. MR.HALL-Great. Thank you very much. Have a great holiday. MR. TRAVER-The next application under New Business is Site Plan SO-2023 for Nick Carlino. SITE PLAN NO. 80-2023 SEQR TYPE: UNLISTED. NICK CARLINO. AGENT(S): ABD ENGINEERS. OWNER(S): CARLINO MANAGEMENT LLC. ZONING: CLI. LOCATION: 170 LUZERNE ROAD. APPLICANT PROPOSES TO CONSTRUCT 10 SELF-STORAGE BUILDINGS OF 4,500 SQ. FT. EACH FOR A TOTAL OF 340 UNITS AND 45,000 SQ. FT. THE PROJECT 7 (Queensbury Planning Board 12/12/2023) INCUDES MAINTAINING THE EXISTING 4,670 SQ. FT. BUILDING TO BE USED FOR NEW OFFICE AREA AND THE SHOP AREA WILL REMAIN FOR MAINTENANCE. THE SITE WORK INCLUDES A DISTURBANCE OF 3.64 ACRES,ASSOCIATED STORMWATER MANAGEMENT AND EROSION CONTROL,BUILDING LIGHTING AND A SECURITY GATE FOR THE UNITS. PURSUANT TO CHAPTER 179-3-040, SITE PLAN FOR NEW COMMERCIAL USE IN THE CLI ZONE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. WARREN CO. REFERRAL: N/A. LOT SIZE: 9.11 ACRES. TAX MAP NO. 3099-2-4. SECTION: 179-3-040. JON ZAPPER&LUIGI PALLESCHI, REPRESENTING APPLICANT,PRESENT MR. TRAVER-Laura? MRS. MOORE-So this application is to construct 10 self-storage buildings of 4,500 square feet each,for a total of 340 units. The project includes maintaining an existing 4,670 square foot building to be used for new office area for a moving business. The site work includes disturbance of 3.65 acres. Associated site work includes stormwater management,erosion control,building lighting and security gate for the units. MR. TRAVER-Okay. Thank you. Good evening. MR. ZAPPER-Good evening, everyone. For the record, Jon Lapper with Luigi Palleschi from ABD Engineering,the project engineer. So Nick Carlino,the applicant,is a Queensbury guy,2011 graduate from Queensbury High. He built this business himself,Adirondack Moving& Storage, and he's been looking for a couple of years to find a place to re-locate and expand in a zone that allows that use. So this was a perfect lot, automobile repair and also a junkyard in the back. So this is cleaning up what's there. We closed on the purchase a few months ago. So the self-storage units in the back and the front for interior storage for the moving business,moving houses,people's houses, and for his office. Before we get into the site plan,we just got the Town Engineer review letter a fewhours ago and have been talking to Laura about it. We view it as technical and no big deal,but not something that we can address tonight on a couple of hours. We'd have to do a few more soil tests,but it's all sand and nothing that we're concerned about. So what we're hoping,after we get through the discussion,is because there's sort of two parts to this,that the Board tonight could approve the change in the use from the automobile servicing use to the moving and storage use,and then we'll come back next month and address the site plan issues. For example,it can be prettied up with some landscaping in the front that was mentioned in the LaBella notes and certainly there's room to do that and address everything that's there. They were asking for distances to adjacent well and septic and those are combined systems for the trailer park and stuff we're not concerned about that, but we just have to address it and perhaps Laura was very effective in pushing them to get us the letter today and I think part of it because your meeting is on the 12`h,which is why Nick's not here because we told him that he'd need to be in Town the second,or third or fourth Tuesday and that didn't work out. So we're just glad that we got the letter today and we can address it. We don't see any problems. So with that I'm just going to ask Luigi to walk you through the site plan here. MR. PALLESCHI-As Jon mentioned,Luigi Palleschi with ABD Engineers and Surveyors. So the property here, as you can see,it goes beyond this,Laura,if you go to Page Two over on the left hand side,you'll see the majority of the entire property,that's 9.15 acres. It does not include this existing building here that's the former owner of his property's residence. So he retained that and Nick purchased this 9.15 acre parcel. It is zoned in the CLI zoning district, and what Nick would like to do, as Jon briefed on it, is construct these self-storage units. There's 10 of them, totaling about 45,000 square feet. In the front here, this existing building would be converted to his moving business. The pavement and curb cut that you see in the front here would remain and there's a gate right about there. That gate would remain,and that would allow access in and out to this back facility. We've talked to the Fire Marshal fire chief,and reviewed the plan with them as far as circulation,getting their vehicles in and out of the site,and the pavement that you see here, stormwater wise, drains in between these buildings to catch basins. Those catch basins would be piped to an infiltration stormwater basin,but it's just a graded out infiltration basin. We're utilizing the great soils here in Queensbury, all sandy soils, and we performed out, did our analysis for the stormwater,meeting the New York State DEC stormwater requirements,and just to give you an example, we're always conservative from something like this as far as infiltration rates. So an inch in ten minutes is what we use as opposed to the actual inch in two minutes. So we have plenty of volume here. I know one of the comments from the TDE mentioned a 50 year storm event. We're actually holding the 100 year storm event. We're not releasing anything off site. We're keeping everything on site. So all the increase in impervious that you see here will drain to this infiltration basin area and actually hold back and allow the water to infiltrate right back down. So that it won't impact any of the neighbors. The buildings themselves fit within the side setbacks. So no variances are requested. The entire property is surrounded by existing fencing. That fencing ranges from six to eight feet in height and it ranges in materials. There's some,it's all solid and it's been there for as long as the auto body repair shop was operating this facility, and I know it's hard to see on this here,but what I tried to do is overlay the existing conditions where you had all the scrap yards and vehicles. Everything that,you know, what we're trying to propose is within the bounds of where the junk cars were sitting. Okay. So we think that,you know,with this proposal, cleaning up the site and having such a low usage compared to what was there before will certainly be a betterment to the neighbors on both sides of this property. There's an existing fence line, if you've been S (Queensbury Planning Board 12/12/2023) out to the site here,beyond that is,like there's a tree line that ends about here. Everything here that you see is wide open with what used to be the junk cars and then everything from here back will remain as treed for now. There could be a potential, we wanted to leave that rear portion for future development. Obviously we would have to come back before this Board if that ever were to come to fruition, but in talking with the applicant, Nick, his goal is obviously to operate his moving business in this existing building and he would like to build two buildings, pretty much, at a time and by the time he gets to building these 10 buildings it may take sometime. Sothis future plan maybe three to five or however many years beyond what you see here tonight,if at all, and then as far as utilities go,there is a water lateral that serves the existing building that we wouldn't touch that and there is an existing septic system back in here for that building. All these other proposed buildings will not have water or sewer. Lighting will be all building mounted, down type lighting, LED, similar to the other storage facilities that we've done, in particular on Corinth Road. So those are building mounted,and then landscaping Jon touched upon that. We do have some green space around the perimeter and we're willing to add some shrubbery,foundation shrubs along the front to help soften in front of the existing building there,and the parking,you know,the Code requires a certain amount of parking spaces for this type of facility, from an experience, number of parking spaces required don't appear realistic,but we did provide parallel parking on the site plan,just to show that there can be that there can be that many parking spaces available,but we're lucky if we'll see 10 cars a day here throughout the entire day. So as far as traffic to the road and everything,I think this is the perfect use for the site. So if I've missed anything,I'll certainly,I'm here to answer them. MR. TRAVER-Okay. Well thank you for that,and,Jon,thank you for the overview of the project as well. I think,I was going to suggest the strategy that you brought up, actually,because this is an Unlisted site under SEQR, so to do the environmental review, I think we're going to need to see the engineering information complete, and a project of this size is one where it's not unusual for us to suggest that you work with the engineer and basically come back with a signoff. It sounds like you feel comfortable in doing that. With regards to the site plan, and again, we'll wait until we see the engineering to see if anything changes. It doesn't sound as if anything would,but certainly as far as the landscaping,if you can provide us some information on what you propose for that and also, and again,because we're looking at SEQR, that section of property in the back that you're talking about developing in the future, we would like to have,to avoid segmentation,we'd want to have some idea if what you might have in mind for that. MR. ZAPPER-Luigi just really was saying that we're staying away from it now. Nick,he doesn't have any idea. It could be a building for his moving company. There's nothing that's proposed anytime soon. It's going to take him years to build this. So at this point there's just nothing on the table for that. MR. TRAVER-Okay. MR. DIXON-1 know we've had a similar project to this, and as far as the SEQR goes, when we started a conversation with one of the other projects, we started taking into there being any RV storage, boat storage. There's no piece of land like that,and that would have to be taken into consideration. MR. ZAPPER-So right now we're leaving the trees. So anything would require coming back,but there's no plan for anything like that. So we'll put that on the record. MR. TRAVER-So theoretically we could consider no further development for purposes of this project on that segment of the property. You'd have to come back anyway. MR. ZAPPER-Yes. MR. TRAVER-So that might address that. MR. DIXON-And on the site plan,it's only showing that section. So do we even have to worry about the undeveloped area at all,Laura? MR. ZAPPER-We're going to commit to just keeping it as trees and if something changed we'd be back at the Planning Board years from now to talk about it. MR.DIXON-If we could touch on site plan a little bit so we have it as discussion purposes,as far as buffer between residential and this property here. So it looks like there's existing fence up. I don't know if we would want to consider fencing be moved to all eight foot or six foot. If we got into how we make sure that the neighbors aren't seeing into that area,just to obscure it a little bit better,as well as plantings along the, I guess it would be the west and east side. So it would be a planting design that demonstrates something with a buffer there I guess. MR. ZAPPER-On the inside of the fence? MR. DIXON-Yes. MR. ZAPPER-Okay. We'll come back with that. 9 (Queensbury Planning Board 12/12/2023) MR.DIXON-I don't know if you have room on the outside of the fence. That fence is right on the property line. MR. ZAPPER-We don't,and it's people that have been there for a long time with that existing fence. So we'll propose something on the inside of the fence when we come back as well. MR. TRAVER-One of the reasons that comes up is for the folks living, surrounding the property, is that with the junkyard there probably wasn't lighting there,and now you're going to have at least some form of lighting with these buildings. So that's an impact that wasn't there before. So that adds to the benefit to the neighbors. MR.ZAPPER-And that's totally fair. I think that they've been,you know,having cars and all sorts of noise and stuff and they'll be happy,but that's totally fair. MR.TRAVER-It's a different impact. It's something they may ironically notice even more and they'll have to get used to. MR. DEEB-Is that old Pete Mosher's yard? MR. ZAPPER-Kent is who they bought it from. I don't know who owned it before that. MR. DEEB-One of the things with storage sheds in the Town of Queensbury, they've just, exploded, mushroomed. Those old steel buildings are so,they just don't blend into the neighborhood. I've been an advocate of making the buildings look better on the outside,but if you look at this plan here,with all the protection on the side, if you put the arborvitae in and the fence and you've got the trees, that would be okay,but what about the front? Is there any way you can shield it from the front? MR. ZAPPER-We'll come back with a planting plan. We'll certainly do foundation plants, shrubs, all along, soften it up. Nick mentioned to me that on the building he wants to add a stone facade for the bottom three feet. He didn't mention it to Luigi so we don't have a drawing of that,but we'll talk about that when we come back next time. He's going to pretty it up. It's going to be his main office for his business. MR. STEFANZIK-Back on the site plan, the fencing that exists now. I go by there today. I think I remember that it's a sheet metal fence,but when I looked at it I saw more vertical planks. MR.PALLESCHI-That's correct. It's a mixture of things. MR. STEFANZIK-It's a mixture. So that belongs to the property,not to the neighbors. MR.PALLESCHI-Correct. MR. STEFANZIK-That type of fence,I think you had mentioned,it looks pretty old and kind of rundown. It's a big fence. I don't know if it's going to be economical to do something completely around it. MR. ZAPPER-We'll talk to Nick. Maybe we can start at the front and replace it to start with,and maybe as he goes back putting these buildings in,we'll talk to him about that. MR. STEFANZIK-The other comment I have, there is a comment in here from the Fire Marshal about providing details for the access control. Has that been taken care of? MR.PALLESCHI-Yes,that's not a problem. MR. STEFANZIK-That's taken care of. Okay. MR. ZAPPER-Did you talk to them yet about that? MR.PALLESCHI-As far as the gate,I haven't talked to them,but the circulation within the site I have. MR. STEFANZIK-Okay,because the comment is access control for the entry gate. MR.PALLESCHI-It's from the fire department. MR. TRAVER-Yes,they probably want a Knox Box or something like that. MR.PALLESCHI-Yes,we can certainly provide that. Yes,that's not a problem. That's pretty typical. MR. TRAVER-So you want to address that with him so we have a signoff from the Fire Marshal as well. 10 (Queensbury Planning Board 12/12/2023) MR.PALLESCHI-Okay. MR. DEEB-What's the estimated completion date of the 10 buildings? MR. ZAPPER-A few years. MR. PALLESCHI-I would say. Yes,I know he wants to build the first two buildings right upfront. MR. DEEB-And then how many,two years? MR. ZAPPER-A couple of years. He's going to do them two at a time overtime. He's a young guy. MR. DEEB-I thought you were talking about future development three to five years down the road. MR. ZAPPER-No,it's going to take time. MR. DEEB-Okay. MR. DIXON-You said as far as the construction you're going to start from the front and work your way back instead of the back moving forward. MR.PALLESCHI-Yes. That's correct. MR. TRAVER-So then they're going to work with the engineer,the Fire Marshal and update the plans to reflect the other things that we discussed,but in the meantime they would very much like us to review and approve the change of use from the automotive to a moving business. Right? Does anyone have any issues with that? MR. STEFANZIK-I don't have an issue. I just have another question. It's kind of SEQR related. You mentioned that it is or was a junkyard, cars. I was not able to look over the fence. Are the cars and everything still in there? Do they have to be cleaned up? MR. ZAPPER-When we closed on the purchase„everything was moved a few months ago in the fall. MR. STEFANZIK-So do you know if there's any issues with hazardous materials? MR.ZAPPER-That is an excellent question,and that is the same question that the bank asked. So we got an environmental site review and soil test before, this was an SBA and a local bank. So before we could get to the closing we had to do that. MR. STEFANZIK-Okay. So as part of SEQR then that would be addressed. MR. TRAVER-I think I saw as well there was a question,was it in this,about SHPO. MR. ZAPPER-The engineers mentioned that so Luigi will get those right out. MR. TRAVER-Okay. Good. All right. So do members of the Board understand that what they're proposing is to wait on site plan? So we'd also wait on SEQR. Question on public hearing. This has got a public hearing,Laura. Should we open it and leave it open? MRS. MOORE-You can open it and leave it open. Yes. MR. TRAVER-Okay. All right. So we do have a public hearing on this application, Nick Carlino, Site Plan SO-2023. Is there anyone in the audience that wants to address the Planning Board on this application? Are there any written comments,Laura? PUBLIC HEARING OPENED MRS. MOORE-There are no written comments. MR. TRAVER-Okay. Then the public hearing is open and we will leave the public hearing open,pending further review, and, Laura, they're asking for a change of use. We don't have a draft resolution for that. How do we go about? MRS. MOORE-Correct. So you can handle it one of two ways. You can specifically address the change of use in one resolution, or you can combine it as you're going to table the site plan for additional information,but allow the change of use of the building so that can move forward with Building and Codes. 11 (Queensbury Planning Board 12/12/2023) MR. TRAVER-Okay. Yes,that will work. In other words we have a tabling motion for the site plan and SEQR, and we'll work out a date,but in the meantime also we can approve,if the Board approves,we can approve the change of use in the meantime. So next we talk about change of use. There's an existing building and office that's been used for the automotive business and they would like us to approve and acknowledge a change from that to a moving company. Does anyone have any issues with that? Okay. What we can do then,we'll have a tabling motion, and you're asking to come back next month? Do you think you can get all that done by next month? MR. ZAPPER-If we could have maybe a couple of weeks to make the submission and be back in January? MRS. MOORE-So this coming Friday is submission deadline date. So I was looking at the calendar. I'll look at it again. So we want to do, is December 22,d which is that Friday. That's only a week, for submission of information. MR. ZAPPER-Yes. MRS. MOORE-Okay. MR. DIXON-Would we be looking, as far as tabling,to the second meeting of January? Because we don't have our calendar. MRS. MOORE-You can table to the first or second meeting. You can table to the first meeting. I don't have anything set up yet. MR. ZAPPER-We'll take the second if we could. Just so we can get the SHPO letter. So the fourth Tuesday of January is the 23rd MR. TRAVER-So that would be the 30`h,Laura,would be the second meeting? MS. GAGLIARDI-I believe it's the 23rd MR. TRAVER-Would be the second meeting? MS. GAGLIARDI-Yes. MR. TRAVER-Okay. All right. So we'll table for updating the plans and engineering signoff. MR.ZAPPER-You know what,Steve,I'm sorry,could we ask for the 16`h instead of the 23rd for the meeting? MR. TRAVER-You can always ask,yes. Same submission deadline. MR. DIXON-Do you want to approve the change of use first or the tabling? MR. TRAVER-Let's do it all as part of the same resolution, tabling and change of use. If that's all right. We can do it separately. MR. DIXON-All right. No that's okay. MR. TRAVER-Does anyone have any additional questions, comments regarding either the change of use or the tabling? Okay. RESOLUTION TABLING SP#SO-2023 NICK CARLINO Applicant proposes to construct 10 self-storage buildings of 4,500 sq. ft. each for a total of 340 units and 45,000 sq. ft. The project includes maintaining the existing 4,670 sq. ft.building to be used for new office area and the shop area will remain for maintenance. The site work includes a disturbance of 3.65 acres, associated stormwater management and erosion control,building lighting and a security gate for the units. Pursuant to chapter 179-3-040, site plan for new commercial use in the CLI zone shall be subject to Planning Board review and approval. MOTION TO APPROVE CHANGE OF USE FROM CURRENT USE OF AUTOMOTIVE TO A MOVING COMPANY BUSINESS. IN ADDITION,MOTION TO TABLE SITE PLAN 80-2023 NICK CARLINO. Introduced by Michael Dixon who moved for its adoption,seconded by Nathan Etu. Tabled until the January 16,2024 Planning Board meeting with updated information due by December 22, 2023. Duly adopted this 12`h day of December 2023 by the following vote: 12 (Queensbury Planning Board 12/12/2023) MS. GAGLIARDI-The 16`h,I believe is the first meeting. MR. DIXON-Did I say the 16`h. MR.TRAVER-Yes,you said the 16`h,although what's confusing is I think you said the second meeting,but you did say the 16`h MR. DIXON-1 did. So let's just do a quick addendum. AYES: Mr. Etu,Mr. Deeb,Mr. Dixon,Mr. Longacker,Mrs. McDevitt,Mr. Stefanzick, Mr. Traver NOES: NONE ABSENT: Mr. Magowan, Mr. Stark MR. TRAVER-We'll see you next month. MR. ZAPPER-Thanks,everybody. MR. TRAVER-The next item we have is actually just a discussion item, and this is for Richard Hughes. This is Discussion Number 1-2023. DISCUSSION ITEM: DISCUSSION 1-2023 SEQR TYPE: TYPE 11. RICHARD HUGHES. OWNER(S): SAME AS APPLICANT. ZONING: CI. LOCATION: BAY ROAD. APPLICANT REQUESTS A DISCUSSION FOR DEVELOPMENT OF VACANT PROPERTY LOCATED ON BAY ROAD. THE PARCEL CONTAINS WETLANDS THROUGH IT,WHICH HAS IMPACTED THE SALE OF THE LOT. THE APPLICANT IS SEEKING POSSIBLE SOLUTIONS TO MAKE THIS PARCEL MARKETABLE. PURSUANT TO CHAPTER 179-3-040&z 179-9-040,A DISCUSSION WITH THE PLANNING BOARD MAY BE REQUESTED. CROSS REFERENCE: SP 37-88, SP 07-95. WARREN CO.REFERRAL: N/A FOR DISCUSSION. SITE INFORMATION: WETLANDS. LOT SIZE: 3.52 ACRES. TAX MAP NO.296.19-1-35. SECTION: 179-3-040,179-9-040. STEVE BORGOS, REPRESENTING APPLICANT,PRESENT;DR. RICHARD HUGHES,PRESENT MR. TRAVER-Laura? MRS. MOORE-So this applicant is asking for some comments on further development of this vacant parcel. They have wetlands on it and they would like to use the front half of the parcel potentially for some allowed use in the CI zone and they just wanted to get some feedback from the Board. MR. TRAVER-Sure. All right. Thank you. Good evening. MR. BORGOS-Good evening. I'm Steve Borgos. I'm an Associate Real Estate broker with Hannah Commercial Real Estate with Dr. Richard Hughes, the owner of the property we're talking about. The expression that comes to mind before we get into this is, Houston we have a problem. He's got a really nice piece of property,almost four acres,a little more than three and a half. Laura,could you switch to the first picture that shows the DEC wetlands on the map. I think it's two more back. MRS. MOORE-So this shows the DEC wetlands right there. MR. BORGOS-One more. There we go. That's the property outlined in green. The Bay Road on the right. You can see that little toe that sticks down there. When we put this property on the market, we went over these maps,DEC wetland maps. They said that's not too bad. There's a lot of room there,you could do something along there. A lot of people have looked at this,and amazingly,you just heard one of them tonight,most interest has been in storage buildings. MR. TRAVER Just what we need,more storage buildings. MR. BORGOS-Or the indoor storage. You see some of that on Aviation Road. It's very successful right now. We put a price on it and it looked pretty good. Everybody looked at it and said,yes, we can build around it. Then somebody made an offer that was good enough,about a year and a half ago, and we went to contract. Said this is great,but his attorney looked at it and said,well,they just checked on all the rules and regulations. Nobody can build anything on it. Well I know the history of that property. That was filled in approximately 1970. I started teaching at ACC in'67 here and Bay Road was being reconstructed. The County needed a place to dump all their fill, and that was a lowland. Decided to, the attorney said they can't build anything on it, so they cancelled the contract. We refunded the deposit. It was a nice deposit. It was a good deal. We did a little more research and I actually went to DEC up in Warrensburg 13 (Queensbury Planning Board 12/12/2023) and the man I was supposed to talk to wasn't there and I left him a letter. Laura has a copy of the letter. I explained that we just want to know from DEC what their concerns might be, and they said,well,we'll allow you to do things if you're at least 100 feet from a boundary as flagged by somebody appropriately certified to flag them. You can tell us what you want to do. If you could go one or two more ahead. It shows a picture of the property just after it was filled. The topo lines are marked on there clearly. Right there. That's a pretty good one. The part that looks like, I don't know what it looks like, on the upper left hand side, that main section there. That's property that right this minute is not designated as a wetland. Everything else is cross hatched down below and down the east side where the property's been cross hatched. The narrowest piece on the east side of the property it's acting as a drainage ditch right now. It looks like when they filled it they were careful not to encroach on the properties on either side so they could stay back anywhere from two to six feet. DEC says that's wetland. You have to stay 100 feet away from that. The exposure on Bay Road is 200 feet. If you take 100 feet off side,off either side,it comes to zero. MR. TRAVER-Well I very much appreciated the letter that you included with your application materials and I can appreciate the difficulty you have with this particular piece of property. I hope you appreciate the difficulty that we have. MR.BORGOS-Yes,I do. MR. TRAVER-Because we can't make this our project. So we can't,for example, say well if you wanted to build X you could get approval for that. We can't do that. Number One we couldn't do it. Number Two, we always need to avoid taking on a project that, taking from the applicant and saying, well here's how you can do this or here's how you can do that. That's how Planning Board's get into trouble. So we can't really tell you specifically might be approved. On the other hand,the good news is,if you submit an application, we're very happy to look at it. So taking into account what you can and considering potentially an application that requires variances,you're certainly entitled to submit that. Now, again, that's not planning. That's zoning for variances if you will,but I guess it seems to me, and I'll open it up for other members to comment,but I think that we're in a position where the only thing we can really tell you is that we will take a look at any application that you submit. We just can't tell you what you could submit that would get approved, and I hope you can appreciate that. MR. BORGOS-Right, and we were asked to present something that might possibly work here, and there are two possibilities, each one about 10,000 square feet, which is far below what could be built on three and a half acres. The concern here is that even the State regulations say that narrow ditches like,it looks like a drainage ditch, don't count when you consider a wetland, and I think I sent Laura a little piece of that. Our thought was if we could just get those two side pieces cutoff,the drainage ditch,then we've got quite a bit of land to work with,without knowing exactly what,the zoning regulation authorized use is is pretty large. So you can do a bunch of things. The question becomes,are you in a position where you can determine if those are drainage ditches or if they're something else? MR. TRAVER-We're not. MR. DEEB-That would have to go through the DEC,wouldn't it? MRS. MOORE-Correct. MR. DEEB-That wouldn't be our decision. That has to be DEC. MR. ETU-DEC or Army Corps. They're listed on here as Army Corps. MR. DEEB-And they could change that designation. I think. MR.BORGOS-Okay. Or,what I was told by DEC is that they won't tell us what to do or what use to look for,but I read through the whole. It's possible to propose filling in and we don't want to fill in. We don't care what the new owner does. We don't want to fill anything,a wetland,fill a wetland permit out. That's a long expensive project. No buyer is going to say, all right, we're going to buy this and we're going to spend$100,000 getting permission to build. We can't do that. Are you saying if we do have a potential buyer who wants to use,let's say cut off one of those. MR. TRAVER-We wouldn't be reviewing potential buyers. We would be reviewing a site plan application. MR. BORGOS-Correct, and you'd be willing to do that, even though it says right now that you can't do anything. MR. TRAVER-Well if you submit a plan that requires variances, all I'm saying is that we would review it. We have applications that require variances on a fairly regular basis. So I don't want to sit here and say we're not going to consider an application for this piece of property, because we can't do that, Number 14 (Queensbury Planning Board 12/12/2023) One,because you have a right to apply, all right,but the opposite of that is we can't tell you what we're going to approve. We only can look at what you submit. MR.BORGOS-Correct,but you can't approve variances. That's the Zoning Board of Appeals. MR. DEEB-You come in with a site plan. You'd ask for variances, and then we look at it and then we pass it along to the Zoning Board and they grant the variances or deny the variances. That's how the process would work. MR.BORGOS-Typically,if they suggest a variance,you tend to go along with them? MR. TRAVER-Well they don't suggest. They either approve or deny. If they grant a variance. MR.BORGOS-You take it. MR. TRAVER-Then it becomes part of the application. That variance has been approved. MR.BORGOS-Okay. MR. DEEB-And then it comes back to us to get the final site plan approval if the Zoning Board approves the variances. Then it would come back to us and we would look at the site plan,maybe with a couple of minor modifications. We don't know,but. MR. BORGOS-Who do we spend the most time arguing with, which side, with the Zoning Board of Appeals or with the State? That's the kind of discussion we need to know. MR. TRAVER-The first thing at this stage that I would suggest is keep in contact with the Staff,with the Planning Office of your different ideas and if you have a,even on a napkin,you have a rough plan. You say well what variances would we need to do if we did X or Y or Z? That's well before it would reach the stage where we would look at a formal,where you would be required to submit a formal do all of the engineering and all that stuff. Get something in a general concept that is at least within the realm of reasonable possibility of getting the variances. But to be clear, as the owner, their goal is to market the property, to maximize the property and sell the property, not to ever develop it as, you're not trying to develop the property at all ever. Right? You're trying to market it to sell it. So you'd like to be able to say this is what's possible. MR.BORGOS-Right. MR. ETU-But they're not in a position in that case to provide the site plan for some fictional site development. MR. TRAVER-Well there have been cases where a site plan is approved and then marketed. The most common of that is like a housing development. That way the buyer knows what they're buying. MR. DIXON-But this is also a commercial piece of property,too. So that's going to fall under the SEQR review,depending on how many square feet it is. So that's another oddity. So if somebody wants to open up a quick lube shop where they're dealing with lots of oils and we're near wetlands that may not fly. MR. TRAVER-That's a step beyond these gentlemen. They want to sell it. MR. DIXON-That's so many variables. I don't think anybody would commit to. MR.TRAVER-Yes,that's the difficulty that we have sitting here tonight is it's so totally hypothetical that, I mean, the only thing that we can tell you, with any assurance, is that we will certainly consider any application that you want to submit,but beyond that we can't really give you any guidance. MR.BORGOS-That's the problem we had trying to market it,what can be done or what can go there. This young man sitting next to me is paying huge taxes, somewhere in the range of$10,000 or $12,000 a year, and the best we can offer is a piece of land where he can continue to pay$10,000 or$12,000 a year. MR. DEEB-Who did you talk to at DEC? MR.BORGOS Jed Hayden. MRS. MOORS Jed Hayden. MR.BORGOS-He said it's not our business to tell you what you can or can't do. 15 (Queensbury Planning Board 12/12/2023) MR.TRAVER-Well because he's not the Zoning Board. Right? You need a variance for basically anything you want to do. MR.BORGOS-Exactly. MR. DEEB-You don't want to develop the land. You just want to sell it. You don't want to submit a site plan. Right? MR.BORGOS-We don't want to do anything. MR. DEEB-So I would think you would go to the DEC and say show me your position on the narrow corridor. MR. BORGOS-The DEC requires detailed application about specifically what you want to do. So all the engineering,everything done,and nobody's going to invest that kind of money. So what we've done now, we've made application to the Assessor to try to reduce the assessment. MR. TRAVER-The only other thing that might work would be like developers do with housing for example,would be to come up with an approved site plan for something that could be built and then you might get somebody that might be willing to buy it. Now you would have to do the additional investment of coming up with that process and getting those approvals,but that way you would have something that you could show a potential buyer,other than wetlands. MR.BORGOS-Right. MR. TRAVER-So that's the only thing I can think of that might be viable. MR. ETU-Do we have wetland mitigation processes that for more than an acre you have to re-build an acre? MR.BORGOS-That's another thing in the lawyou can do that,but there's no assurance that it can be done. There's nobody investing the money. If I had the engineering drawings,the estimated cost,all those things, that's what you will ask for. MR. TRAVER-Yes. The other problem with that is that typically requires additional land that isn't wetland. You can make a wetland to replace a wetland,but they're in a position where it's all wetland. MR. ETU-Yes,but if they could just get rid of these two fingers on the sides, then they could build a lot more square footage because they're going to be at the 75 feet. They'd get half of the property back. MR.BORGOS-To dig a pond out there,that nobody will say that if you do that we'll give it to you. That's where we are. MR. TRAVER-Right. Yes,and that's where we are. MR. DEE&We're between a rock and a hard place. MR.BORGOS-That's exactly how I expected the meeting to go. MR. TRAVER-The only assurance we can give you is that, you know, we're happy to look at whatever application you want to submit. We're not going to say you can't do anything here because that's absurdly hypothetical. So if you submit something we will certainly look at it,and I'm sure the Zoning Board would say the same thing. You can always make an application, and one of the things that I personally object to is variance requests in a Critical Environmental Area,and yet people are entitled to request those variances and the Zoning Boards will look at them,whether anyone thinks they should be approved or not. So you may have people that don't think you should be able to build anything here. That doesn't mean you can't ask for permission to do so. MR.BORGOS-As we look at the map,look at the property,the development just to the south of that,south and west of that, shows buildings actually fit in the DEC wetlands. They're all there. So I don't know if that's going to help me. I appreciate your time. MR. DEEB-How long did you have your practice there? DR. HUGHES'72 until'15. So probably 35 years. MR. DEE&Was that building on the property when you took over? 16 (Queensbury Planning Board 12/12/2023) DR. HUGHES-That building was built right at the time they did construction of, I believe it was Cronin Road and Bay Road at the same time. They were filling in and the building was built at that time. MR. DEEB-Okay. So before all of these changes. I wish we could offer you more. MR.BORGOS-It's not easy. It looks easy,but it's not. Thank you very much. MR.TRAVER-Sure. You're very welcome,and,you know,you can comeback and have another discussion if you get a little closer to something. MR.BORGOS-We won't bother you unless we have something that's pretty solid. Thank you. MR. TRAVER-That concludes our agenda for this evening. Is there anything, other business before the Board this evening? If not we'll entertain a motion to adjourn. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF DECEMBER 12TI,2023,Introduced by David Deeb who moved for its adoption,seconded by Warren Longacker: Duly adopted this 12`h day of December,2023,by the following vote: AYES: Mr. Deeb,Mr. Dixon,Mrs. McDevitt,Mr. Longacker, Mr. Stefanzick,Mr. Etu,Mr. Traver NOES: NONE ABSENT: Mr. Magowan, Mr. Stark MR. TRAVER-We stand adjourned. Thanks,everybody. See you next week. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Stephen Traver,Chairman 17