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05-22-2014 (Queensbury Planning Board 05/22/2014) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING MAY 22,2014 INDEX Site Plan No.9-2014 Ron and Cindy Mackowiak 1. Tax Map No. 289.11-1-33, 59.122 Site Plan No. 29-2014 Chris Abele 4. Tax Map No. 227.9-1-12 Site Plan No. 30-2014 Adirondack Mechanical- Bob Kladis 7. Tax Map No. 252.-1-36.7 Site Plan No. 31-2014 Dennis LaFontaine 9. Tax Map No. 295.12-1-3 Subdivision No. 1-2014 Mario DiSiena 12. PRELIMINARY STAGE Tax Map No. 296.9-1-10.1 FINAL STAGE Site Plan No. 34-2014 Mario DiSiena 15. Tax Map No. 296.9-1-10.1 Site Plan No. 35-2014 Mario DiSiena 16. Tax Map No. 296.9-1-10.1 Site Plan No. 22-2014 Vance I. Cohen 18. Tax Map No. 295.8-1-2 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 0 (Queensbury Planning Board 05/22/2014) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING MAY 22,2014 7:00 P.M. MEMBERS PRESENT CHRIS HUNSINGER, CHAIRMAN PAUL SCHONEWOLF DAVID DEEB THOMAS FORD BRAD MAGOWAN JAMIE WHITE,ALTERNATE MEMBERS ABSENT DONALD KREBS LAND USE PLANNER-LAURA MOORE STENOGRAPHER-MARIA GAGLIARDI MR. HUNSINGER-I'd like to welcome everyone to the Town of Queensbury Planning Board meeting on Thursday, May 22nd. For members of the audience,welcome. There are copies of the agenda on the back table. There's also a public hearing handout. I think all of the items have a public hearing scheduled this evening. The first item on the agenda is under Old Business. OLD BUSINESS REQUIRING PUBLIC HEARING: SITE PLAN NO. 9-2014 SEQR TYPE II RON &CINDY MACKOWIAK AGENT(S) CURTIS DYBAS OWNER(S) SAME AS APPLICANT ZONING WR-WATERFRONT RESIDENTIAL LOCATION 9 GLEN HALL DRIVE APPLICANT HAS REVISED PLANS WITH A 310 SQ. FT. SINGLE STORY ADDITION. ALSO INCLUDED WITH REVISION IS STORMWATER MANAGEMENT. PURSUANT TO SECTION 179-3-040, 179-6-060, AND 179-13-010 EXPANSION OF A NON-CONFORMING STRUCTURE IN A CEA AND WORK WITHIN 50 FEET OF SLOPES IN EXCESS OF 15% REQUIRES PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 8-14,AV 4-13, SB 8-07 APA, CEA, OTHER GLEN LAKE CEA, NWI WETLANDS LOT SIZE 0.24 ACRES, 0.62 ACRES TAX MAP NO. 289.11-1-33, 59.122 SECTION 179-3-040, 179-6-060, 179-13-010 CURT DYBAS, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura,whenever you're ready? MRS. MOORE-The applicant has completed a site plan application for alterations to an existing home, where expansion of a non-conforming structure in a CEA construction within 50 ft. of 15% slopes requires planning board review. The applicant has requested waivers from landscaping and stormwater however the applicant has provided details about stormwater on the site including a plan prepared by an engineer of 4/18/14. The plan also includes a shoreline planting area of 21 ft. by 4 ft. and indicates native plants to be installed. The board may consider that the waivers have been addressed with the current submitted information, and it is something to note that the Zoning Board did approve the variance last evening and that was based on the revision that the addition is now only 310 square feet and not an entire overhaul of the house. MR. HUNSINGER-Okay. Thank you. Good evening. MR. DYBAS-Good evening. Curt Dybas representing Ron and Cindy Mackowiak. They could not be here this evening, and my engineer, Tom Hutchins, has a conflict. He's up in Bolton Landing this evening because they've changed their schedule. So they threw me to the wolves. So here I am. Laura's filled you in pretty much on where this project has transpired. The addition is now 310 sq. ft., minus the porch that was about 250. We have incorporated anew septic system. The permit is in, I do believe, for review, and that system will be going in this summer because it is a four bedroom house existing, and the system is for a four bedroom. So whatever transpires with the new home, it will be, that system will be used, and we have incorporated stormwater that not only picks up the addition roof but takes care of both the west and the south sides of the house. We could not incorporate the north side because of the existing well, but most of the roof is also, is 1 (Queensbury Planning Board 05/22/2014) going to be remediated on site, and we have also, as Laura said, put a four by twenty-one foot buffer down by the shoreline. So from that point, I'll entertain questions. MR. HUNSINGER-Okay. Questions,comments from the Board? MR. MAGOWAN-I'm just reading up on what the Zoning Board. So what, I guess I'm a little confused to what the Zoning Board said last night to shrink it down? MR. DYBAS-No,we went before the Zoning Board back in February,and at the polling of the Board, I elected to table the proposal back then. They were not in favor of the expansion of the house toward the lake in any shape, form or manner. So what we did was we went back to the drawing board and the two bedroom addition,to encompass two bedrooms on the rear of the house, there's nothing toward the lake, and,you know, we downsized the project by about 60%, and they seemed very,they passed it last night unanimously. There's no,from the lake there's really no impact. You cannot see this expansion from the lake at all. MR. MAGOWAN-Well, I mean, at the time all you were doing is just bringing it out to the edge of the family room,right? You were still leaving big tree there,if I remember. MR. DYBAS-That is correct. MR. MAGOWAN-Okay. MR. DYBAS-And we were taking the second floor out in line with the first floor, and that's what they objected to is that 10 foot expansion. MR. MAGOWAN-Okay. All right. MR. DYBAS-So we eliminated that and went to the back. We were going to the rear before, but we downsized everything to come back with a proposal last evening, and also at the time they wanted us to address stormwater, which we have, and since that time the two properties have been joined. I know in some of the comments talking about hooking and I saw something about a paper street. There is no paper street. The parcels are hooked, I mean, not, the parcels are joined, they're not hooked. MRS.MOORE-And I do have a deed for that. MR. DYBAS-And there is a deed for that in your packet. So the FAR ratio comes to, I think it's, if I can find my notes here,the FAR ratio is now.042,which hardly registers. MR. HUNSINGER-Any other questions? A small addition for stormwater improvements and a new septic. It seems like a good deal to me. MR. MAGOWAN-Well it is quite a bit smaller, isn't it. MR. DYBAS-Considerably smaller. MR. FORD-Yes. MR. DYBAS-I mean,the entire living area of the home is 1500 square feet for a four bedroom house. MR. FORD-The new square footage? MR. DYBAS-The total square footage is about 1500 square feet for four bedrooms. MR. HUNSINGER-Yes, 1496 you have. MR. DYBAS-1496. MR. DEEB-What would it have been with the old plans? Do you remember what it would have been with the old plans? That's all right,just an approximation. MR. DYBAS-No, it's not even, on the FAR ratio for the existing, it wouldn't read properly because we have removed the two temporary structures that are up in the parking lot also. That was another objection of the Zoning Board back in February. So we removed those from the site also. To give you an answer, it's a four bedroom house. It's probably in the neighborhood of 12, 1250, but the 2 (Queensbury Planning Board 05/22/2014) bedrooms are basically non-compliant. There's one in particular that's not bigger than a closet,and it has a twin bed in it. MR. HUNSINGER-Any other questions or comments? We do have a public hearing scheduled this evening. Is there anyone in the audience that wants to address the Board on this project? PUBLIC HEARING OPEN MR. HUNSINGER-I don't see any commenters. Any written comments, Laura? MRS.MOORE-No written comments. MR. HUNSINGER-Okay. I'll open the public hearing and I will close the public hearing, and let the record show no comments were received. PUBLIC HEARING CLOSED MR. HUNSINGER-This is a Type II SEQR. So unless there's any additional questions or comments, a motion would certainly be in order. MRS.MOORE-The packets that you received this evening do have a prepared resolution in them. MR. HUNSINGER-Yes. RESOLUTION APPROVING SP#9-2014 RON&CINDY MACKOWIAK A site plan application has been made to the Queensbury Planning Board for the following: Applicant has revised plans with a 310 sq. ft. single story addition. Also included with revision is stormwater management. Pursuant to Section 179-3-040, 179-6-060,and 179-13-010 expansion of a non-conforming structure in a CEA and work within 50 feet of slopes in excess of 15% requires Planning Board review and approval. SEQR Type II -no further review needed; PB made a recommendation to the ZBA on 2-25-14; the ZBA approved the variance request on 5- 21-14; A public hearing was advertised and held on 5-22-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO. 9-2014 RON &CINDY MACKOWIAK, Introduced by Brad Magowan who moved for its adoption,seconded by Thomas Ford: As per the resolution prepared by Staff: 1) 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. 2) Waiver requests granted: landscaping&stormwater. 3) 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. 4) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 5) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. 6) 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. 3 (Queensbury Planning Board 05/22/2014) Duly adopted this 22nd day of May, 2014, by the following vote: AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Ms.White, Mr. Magowan, Mr. Hunsinger NOES: NONE ABSENT: Mr. Krebs MR. HUNSINGER-You're all set. Good luck. MR. DYBAS-Thank you. SITE PLAN NO. 29-2014 SEQR TYPE II CHRIS ABELE AGENT(S) DENNIS MAC ELROY OWNER(S) J. ARTHUR NORTON ZONING WR-WATERFRONT RESIDENTIAL LOCATION 102 ROCKHURST APPLICANT PROPOSES CONSTRUCTION OF A 2,021 SQ. FT. (FOOTPRINT) SINGLE FAMILY DWELLING WITH DRIVEWAY, WASTEWATER SYSTEM, STORMWATER SYSTEM AND LAKE WATER SUPPLY SYSTEM. PURSUANT TO CHAPTER 179-6-050 OF THE ZONING ORDINANCE FILLING AND HARD-SURFACING WITHIN 50 FEET OF SHORELINE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE TBOH SEPTIC VAR.,AV 35-14, BP 07-236 WARREN CO. REFERRAL MAY 2014 APA, CEA, OTHER L G PARK CEA, APA WETLANDS LOT SIZE 0.34 ACRES TAX MAP NO. 227.9-1-2 SECTION 179-6-050 DENNIS MAC ELROY, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant proposes to construct a 1,750 sq. ft. (footprint) home with a 271 sq. ft. deck area, and a 330 sq. ft. permeable patio area an additional site work including a new septic system, plantings, and green infrastructure to handle the stormwater on site. Last evening the Zoning Board did grant the variance. However, they have requested the applicant to move the garage so is 19 feet from the front property line, and the applicant agreed with that, and that's what the resolution that was passed. MR. HUNSINGER-Okay. Good evening. MR. MAC ELROY-Good evening. I'm Dennis MacElroy with Environmental Design representing applicant Chris Abele on this project at 102 Rockhurst Road. The owner of the property is Art Norton who is in the audience again this evening. Chris has, as I explained two nights ago, Chris is under contract for the purchase of this lot and he proposes a single family residence with a new wastewater, state of the art wastewater system, stormwater management system, permeable pavers, all the design elements that we like to see around the lake these days. So we have been, as Laura indicated, to the Zoning Board. There was a slight adjustment of what we requested versus what they wanted to approve was a little bit further pushing of the garage back two feet, gave a little bit more room for parking and what not in front,but the applicant was in agreement with that. So the final plan will represent that slight modification from the plan that you see in your packet. I think we'll probably take a foot out of the garage and a foot out of the deck and achieve that setback that the Board was looking for. So other than that,open to questions. MR. HUNSINGER-Okay. Questions,comments from members of the Board? What's the dimensions of the garage currently? MR. MAC ELROY-Twenty-two feet deep, approximately 22 by 22. So it'll be 21 feet and we'll take a foot out of the deck basically is what we'll do and gain those two feet that gets us from a 17 foot setback to a 19 foot. MR. MAGOWAN-So it's going to be 21 foot for the garage deep,and,what, 11 on the deck? MR. MAC ELROY-I believe that's the way it works out, Brad,yes. MR. HUNSINGER-So one of the questions that I had, I guess I should have asked it on Tuesday night, you know, these site plans are always deceiving because the line of the road isn't the property line. So is there enough room between the existing pavement and the garage to park a car in the driveway? MR. MAC ELROY-Yes. 4 (Queensbury Planning Board 05/22/2014) MRS.MOORE-Yes. MR. HUNSINGER-I mean,it shows 17 feet,but I mean there's at least. MR. MAC ELROY-Seventeen feet to the property line, and then to the pavement there's a couple more feet, and now adding two more. MR. HUNSINGER-Right. Now there'll be plenty of room to park a car there. MR. MAC ELROY-Well,there'll be more room,yes. MR. HUNSINGER-Yes. MR. MAC ELROY-There'll be about 22 feet. That'll fit most standard cars. MR. HUNSINGER-Sure,yes. MR. MAGOWAN-So we go from a compact to a mid-size. MR. HUNSINGER-Yes, right. Any other questions or comments from the Board? We do have a public hearing scheduled on this project as well. Is there anyone in the audience that wishes to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-I don't see any hands going up. Are there any written comments? MRS.MOORE-There are no written comments. MR. HUNSINGER-Okay. We'll open the public hearing and also close the public hearing. Let the record show no comments were received. PUBLIC HEARING CLOSED MR. HUNSINGER-Are there any other issues or concerns that anyone on the Board has? MR. FORD-No. MR. HUNSINGER-So in terms of the final design,you weren't real positive about the exact change. MR. MAC ELROY-No,we would effectively push the garage portion of the house back one foot. MR. HUNSINGER-One foot,okay. MR. MAC ELROY-And then lessen the dimension of it one foot in order to achieve the two foot addition that the Zoning Board wanted to see in the setback. MR. HUNSINGER-Okay. MR. MAC ELROY-And that's, I mean, their requirement was to have a 19 foot setback. So how we do that isn't so important,whether it's garage and deck or all garage or all deck. MR. HUNSINGER-Right,but just in terms of. MR. MAC ELROY-It was suggested to me that we take a foot out of the garage and a foot out of the deck. MR. HUNSINGER-I mean,just in terms of our approval, though, if,you know, if we were to approve one thing and then you were to do another,that could cause a problem. MR. MAC ELROY-Well,at this point we'd be taking a foot out of the garage and a foot out of the deck. MR. HUNSINGER-Okay. 5 (Queensbury Planning Board 05/22/2014) MR. MAC ELROY-And I would say that that will minimally effect the numbers on the Floor Area Ratio. MR. HUNSINGER-Sure. MR. MAC ELROY-It would be a little less garage area. MR. HUNSINGER-Right. MR. MAC ELROY-So that there may be a little bit more Floor Area allowable in the walk out basement area. It still will come out at 22%. MR. HUNSINGER-Okay. Is everyone comfortable with that? MR. FORD-Yes,good clarification. MR. DEEB-That's fine. MR. SCHONEWOLF-He's making a two foot adjustment. MR. HUNSINGER-This, too, is a Type II SEQR. So unless there's any other questions or comments, would anyone like to put forward a motion? RESOLUTION APPROVING SP# 29-2014 CHRIS ABELE A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes construction of a 2,021 sq. ft. (footprint) single family dwelling with driveway, wastewater system, stormwater system and lake water supply system. Pursuant to Chapter 179-6- 050 of the Zoning Ordinance filling and hard-surfacing within 50 feet of shoreline shall be subject to Planning Board review and approval. Project also requires a Septic Variance from Town BOH. SEQR Type II-no further action required; Town BOH 12-2014 septic variance granted on 5-5-2014; PB made a recommendation to the ZBA on 5-20-14; the ZBA approved the variance requests on 5- 21-2014; A public hearing was advertised and held on 5-22-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO. 29-2014 CHRIS ABELE, Introduced by Brad Magowan who moved for its adoption,seconded by Paul Schonewolf: As per the resolution prepared by Staff, 1) 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; 2) 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, 3) We'll be adding that the garage will have a foot taken out of the 22 foot depth to 21 foot,and the deck will be shrunk from 12 feet down to 11 feet, to satisfy the Zoning Board approval, for the 19 foot setback,per the revised plans. 4) Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; 5) 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. 6 (Queensbury Planning Board 05/22/2014) 6) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 7) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution 8) 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. Duly adopted this 22nd day of May, 2014 by the following vote: MRS.MOORE-Just as part of the resolution,with revised plans to be submitted. MR. HUNSINGER-Sure. MR. MAGOWAN-I second that. AYES: Mr. Schonewolf, Mr. Deeb, Mr. Ford, Mr. Magowan, Ms.White, Mr. Hunsinger NOES: NONE ABSENT: Mr. Krebs MR. HUNSINGER-You're all set. Good luck. MR. MAC ELROY-Thank you. SITE PLAN NO. 30-2014 SEQR TYPE II ADIRONDACK MECHANICAL-BOB KLADIS AGENT(S) DENNIS MAC ELROY OWNER(S) SAME AS APPLICANT ZONING RR-5A, LC-10-RURAL RESIDENTIAL, LAND CONSERVATION LOCATION 260 LOCKHART MOUNTAIN RD. APPLICANT PROPOSES CONSTRUCTION OF A 2,910 SQ. FT. (FOOTPRINT) SINGLE FAMILY DWELLING. PROJECT INVOLVES THREE (3) GARAGES - 264 SQ. FT. ATTACHED GARAGE, 1,200 SQ. FT. DETACHED GARAGE, 380 SQ. FT. PORTE COCHERE WITH DISTURBANCE OF 43,200 SQ. FT. PURSUANT TO CHAPTER 147-11 & 179-6-060 OF THE ZONING ORDINANCE THE PROJECT IS CONSIDERED TO BE A MAJOR STORMWATER PROJECT AS DISTURBANCE LIMITS APPEAR TO BE IN EXCESS OF 15,000 SQ. FT.; CONSTRUCTION WITHIN 50 FEET OF SLOPES IN EXCESS OF 15% AND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 36-14, SB 4-99 APA, CEA, OTHER STREAM OVERLAY WARREN CO. REFERRAL MAY 2014 LOT SIZE 24.86 ACRES TAX MAP NO. 252.4-36.7 SECTION CHAPTER 147-11, 19-6-060 DENNIS MAC ELROY, REPRESENTING APPLICANT, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-Okay. The applicant proposes to construct the 2,910 square foot (footprint) home with a 264 attached garage, 1,200 sq. ft. detached garage, and 380 sq. ft. porta cochere, and the Zoning Board did grant the variance last evening for having more than one garage on the site, and the information submitted shows the location of the new home,the stormwater and erosion control measures,septic system and elevations. MR. HUNSINGER-Okay. Thank you. Good evening. MR. MAC ELROY-Good evening. Again, Dennis MacElroy representing Bob and Angela Kladis for this application for a single family residence on Lockhart Mountain Road. This is a 25 acre parcel. The lot, part of the original Granger subdivision from several years ago, and Mr. Kladis has owned the property for about 10 years, and is now finally getting to this stage of proposing the house development. It's a single family residence with a detached garage along the long driveway that leads to the house site. As Laura indicated there was a variance granted for the attached garage which is a single car garage within the house and the port a cochere which is the architectural feature which falls under the definition of garage. So that was successfully achieved last night. The design includes a wastewater system for the main house, and a small wastewater system for a bathroom, a simple toilet sink bathroom in the detached garage. Also stormwater management, because of the size of the property or the amount of disturbance, it falls under the category of a Major Project and we've provided all the documentation for a stormwater control report that's been reviewed and commented on by Chazen. There were minor comments that we've responded 7 (Queensbury Planning Board 05/22/2014) back to them and I feel confident that that will be signed off on by the Town's Engineer. There is, again,wastewater, stormwater, all grading and what not associated with the project is proposed on the site plan provided. MR. HUNSINGER-Okay. Questions,comments from the Board? Everyone's quiet tonight. MR. FORD-I spent my wad on Tuesday. MR. HUNSINGER-Yes, right. We do have a public hearing scheduled on this project. Is there anyone in the audience that wishes to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-Again,no commenters. Were there any written comments, Laura? MRS.MOORE-There were no written comments. MR. HUNSINGER-Okay. I will open the public hearing and will close the public hearing and let the record show no comments were received. PUBLIC HEARING CLOSED MR. HUNSINGER-There weren't any conditions on the Zoning Board approval? MRS.MOORE-Not on this application,no. MR. HUNSINGER-Okay. Are there any outstanding concerns about any of the engineering comments that we haven't talked about? MR. FORD-I don't believe so. MR. HUNSINGER-Okay. This is also a Type II SEQR. So no SEQR review is necessary. If there's no other comments. MR. FORD-We'll just need the engineering signoff. MR. HUNSINGER-Yes,which is Item Three of the standard resolution. MR. FORD-Right. MR. HUNSINGER-I guess you're filling in tonight, Brad. MR. MAGOWAN-Yes. RESOLUTION APPROVING SP# 30-2014 ADIRONDACK MECHANICAL- BOB KLADIS A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes construction of a 2,910 sq. ft. (footprint) single family dwelling. Project involves three (3) garages -264 sq. ft. attached garage, 1,200 sq. ft. detached garage, 380 sq. ft. porte cochere with disturbance of 43,200 sq.ft. Site Plan: Pursuant to Chapter 147-11 & 179-6-060 of the Zoning Ordinance the project is considered to be a Major Stormwater project as disturbance limits appear to be in excess of 15,000 sq. ft.; construction within 50 feet of slopes in excess of 15% and shall be subject to Planning Board review and approval. SEQR Type II PB made a recommendation to the ZBA on 5-20-14; the ZBA approved the variance requests on 5- 21-2014; A public hearing was advertised and held on 5-22-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO. 30-2014 ADIRONDACK MECHANICAL - BOB KLADIS, Introduced by Brad Magowan who moved for its adoption,seconded by Thomas Ford: 8 (Queensbury Planning Board 05/22/2014) As per the resolution prepared by Staff: 1) 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; 2) 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, 3) Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; 4) 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. 5) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 6) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. 7) As-built plans to certify that the site plan is developed according to the approved plans to be provide prior to issuance of the certificate of occupancy. Duly adopted this 22nd day of May 2014,by the following vote: AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Ms.White, Mr. Magowan, Mr. Hunsinger NOES: NONE ABSENT: Mr. Krebs MR. HUNSINGER-Good luck. MR. MAC ELROY-Thank you very much. SITE PLAN NO. 31-2014 SEQR TYPE II DENNIS LA FONTAINE AGENT(S) ETHAN HALL OWNER(S) 1133 STATE ROUTE 9, LLC ZONING CI-COMMERCIAL INTENSIVE LOCATION 1133 STATE ROUTE 9 APPLICANT PROPOSES 1,852 SQ. FT. RENOVATION/EXPANSION OF EXISTING ICE CREAM BUSINESS TO INCLUDE OUTDOOR FOOD GRILLE, GIFT SHOP, COVERED OUTDOOR SEATING (800 SQ. FT.) AND UPGRADE TO BATHROOM. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE EXPANSION OF THE USE SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 41-14, SP 51-13,AV 68- 11, SP 71-11, OTHERS. WARREN CO. REFERRAL MAY 2014 LOT SIZE 2.21 ACRES TAX MAP NO. 295.12-1-3 SECTION 179-3-040 ETHAN HALL, REPRESENTING APPLICANT, PRESENT; DENNIS LA FONTAINE, PRESENT MRS. MOORE-The applicant proposes a new 1,852 sq.ft.addition to an existing ice cream store with an 800 sq. ft. detached covered patio area for an outdoor eating area. The new addition will include renovations to the building that include new bathrooms, a grille area and a gift shop. The project will included re-grading the northern portion of the property with new parking and landscaping with ornamental plantings. There's an existing cold storage building, and I also describe parking within the Staff comments,and the variance was approved last evening in regards to setback issues, and the applicant has revised the permeability information where the northern portion of the parking lot is now considered all permeable. So there's a requirement for 30% green space. The applicant actually provides 37. MR. HUNSINGER-Okay. Thank you. Good evening. MR. HALL-Good evening. For the record, Ethan Hall principle with Rucinski Hall Architecture, and Dennis LaFontaine, the owner of Martha's. We were in front of the Zoning Board last night. We obtained the area variances required for the project. One of the items that was brought up, one of 9 (Queensbury Planning Board 05/22/2014) the members of the Zoning Board asked us to include a couple of bike racks for bicycle storage on site,which Mr. LaFontaine agreed to MR. HUNSINGER-Sounds like a great idea. MR. HALL-Yes. It was something that kind of got overlooked in our minds. MR. FORD-I wish I'd thought of it the other night. MR. HALL-We always think about the cars and how are we going to deal with those, and being as close to the bike path as they are and getting a lot of bike traffic in there,that's really a good idea to get brought up. So that's going to be incorporated into the plan as well. Otherwise, the area variance, as Laura said, we did not need the permeability because we changed, as we discussed on Tuesday, we changed everything that's in pink to permeable paving. So we now meet the requirements. The letter from Chazen Associates, Mr. Nace put together a draft response to it. I have that here. He's going to provide that to Laura's office. Did you get a copy of it as well? MRS.MOORE-I did not yet. MR. HALL-You did not. Okay. He put that together this afternoon. I didn't get it until about three o'clock this afternoon, but that'll be submitted to the Town Planning Office this week. There was no major things. The biggest thing was the DOT coordination, and Tom had started discussions with DOT as far as moving the curb cut farther north on Route 9. So they are aware of it and they're working on it. MR. HUNSINGER-Questions,comments from the Board? MR. DEEB-Where are you going to put the bike racks? MR. HALL-Haven't really thought about where they're going to be yet, but I think the best place, obviously we've got some space back here behind the shade structure, we've got some space here. We've also got,this is all the outdoor seating space on the other end. So I'm thinking maybe one on each end of the building would be good spots for them. MR. DEEB-With traffic/bikes comingling,just be careful. MR. HALL-Yes,no,we wouldn't have them where they would be mingling,because most of them are going to come up on this end where all the queuing aisles are out in front. So we'll put one on that end of the building down there and then another one out by the new shade structure up on the other end. I think those are the best spots for them as well. MR. FORD-Can you give us an overview of the other topics? You said that DOT area. MR. HALL-Yes, most of them dealt with the stormwater management report. There's a detailed list of installation maintenance requirements that Chazen brought up, and Tom talks about those. Regarding the permeable pavement specification, they changed well used aggregate gradiation and believe that 16 to 20% air void ratio is more than realistic,equal to 18%. They talked about the 30 parking spaces in the back, which we talked about on Tuesday night. The test pits at the start of construction, when Dennis and Tom were out there doing the test pits, they were done in this general area which takes place where there's a lot of grading that's going to take place and the machine that Dennis had couldn't really dig deep enough to get down as far as they needed to once they knocked three feet of the grading plan. So one of Chazen's questions was, when you're out there getting ready to do that, just excavate a little bit farther down, and Tom said the test pits they'll do that. They'll dig an additional three foot separation to the north end of the parking lot where the existing grades are being cut down. The hydro CAD calculations were changed to a zero to twenty-four hour timeframe. The hydro CAD analysis has been revised to properly account for the void space in the stone eaves trenches at the back of the building. There was a discrepancy there. They've raised the bottom elevation of the sediment trap to be a minimum of one foot above the future infiltrative surface, allowing material and any trapped sediment to be removed and providing a clean infiltrative surface for the permeable asphalt and the last one was the DOT coordination. MR. FORD-Thank you. MR. HALL-Sure. 10 (Queensbury Planning Board 05/22/2014) MR. HUNSINGER-Any other questions or comments from the Board? MR. FORD-We have a sheet here that indicates there'll be, and I can't remember if we've gone over this or not,but their requirement for the installation of a grease trap? MR. HALL-Of a grease trap? Before it goes into the sewer, yes, we have to put a grease trap between the building and the sewer for the kitchen. Absolutely. MR. FORD-Thank you. That's all I have. MR. HUNSINGER-No other questions? We also have a public hearing scheduled for this project tonight. Is there anyone in the audience that wishes to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-Quiet Board,quiet audience. Any written comments? MRS.MOORE-There were no written comments. MR. HUNSINGER-Okay. I'll open the public hearing and we will close the public hearing, and let the record show no comments were received. PUBLIC HEARING CLOSED MR. HUNSINGER-This also is a Type II SEQR. So no further SEQR review is necessary, and if there's no other questions or comments, I guess you're on deck. MR. MAGOWAN-Well,we want to mention the bike racks on either end? MR. HUNSINGER-Yes,we should. MR. MAGOWAN-And the test pits, once you're down to grade, and do I have to say anything about the grease traps? MR. SCHONEWOLF-No,that was in the. MR. HUNSINGER-That was in the correspondence. MR. HALL-It's worth putting in, that we have to put a grease trap in between the kitchen and the sewer connection,absolutely. MR. HUNSINGER-That's pretty much standard operating procedure,though,isn't it? Yes. RESOLUTION APPROVING SP# 31-2014 DENNIS LA FONTAINE A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes 1,852 sq. ft. renovation/expansion of existing ice cream business to include outdoor food grille, gift shop, covered outdoor seating (800 sq. ft.) and upgrade to bathroom. Pursuant to Chapter 179-3-040 of the Zoning Ordinance expansion of the use shall be subject to Planning Board review and approval. SEQR Type II; PB made a recommendation to the ZBA on 5-20-2014; the ZBA approved the variance requests on 5-21-2014; A public hearing was advertised and held on 5-22-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO. 31-2014 DENNIS LA FONTAINE, Introduced by Brad Magowan who moved for its adoption,seconded by David Deeb: As per the resolution prepared by Staff: 11 (Queensbury Planning Board 05/22/2014) 1) 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; 2) There will be bike racks on either end of the building; 3) Finish up of the test pits when able to be dug during grading; 4) Grease traps to be put in between the kitchen and the sewer. 5) Engineering sign-off required prior to signature of Zoning Administrator of the approved plans; 6) 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. 7) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 8) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution 9) 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. Duly adopted this 22nd day of May, 2014,by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Ms.White, Mr. Magowan, Mr. Hunsinger NOES: NONE ABSENT: Mr. Krebs MR. HALL-Thank you very much. MR. HUNSINGER-Good luck,you're welcome. SUBDIVISION NO. 1-2014 PRELIMINARY STAGE & FINAL STAGE SEQR TYPE UNLISTED MARIO DISIENA AGENT(S) BARTLETT PONTIFF STEWART & RHODES OWNER(S) SUTTON'S PROPERTIES, LLC ZONING CM - COMMERCIAL MODERATE LOCATION 11 SUTTON TERRACE; 1066 STATE ROUTE 9 APPLICANT PROPOSES SUBDIVISION OF A 5.95 ACRE PARCEL INTO 2 LOTS OF 2.8 AND 3.2 ACRES. PURSUANT TO CHAPTER A-183 OF THE ZONING ORDINANCE SUBDIVISION OF LAND SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 37-14, AV 38-14, SP 34-14, SP 35-14, SB 7- 11,ETC. LOT SIZE 5.90 ACRES TAX MAP NO. 296.9-1-10.1 SECTION CHAPTER A-183 JON LAPPER, REPRESENTING APPLICANT, PRESENT; MARIO DI SIENA, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-The applicant proposes the subdivision of a 5.95 acre parcel into two lots. One is to be 2.8 acres and the other is to be 3.2 acres. One of these lots will contain the current furniture store business and the other lot will contain the existing residence and the retail cafe building, and last evening the Board did grant the variance relief request for parking on each lot so that they now have permission to park the number of spaces that they have existing on the site. MR. HUNSINGER-Okay. Thank you. Good evening. MR. LAPPER-Good evening. For the record, Jon Lapper with the same cast of characters from two nights ago, Mario DiSiena and Jared Holycross from Sutton's. We had a fully discussion with the Zoning Board and we were very pleased with how that went and we're here to talk about site plan and subdivision. I think you guys are fully familiar with what we're doing. So we're here to answer any questions. MR. SCHONEWOLF-There's not much to it. 12 (Queensbury Planning Board 05/22/2014) MR. HUNSINGER-Okay. Were there any issues that came up from the Zoning Board meeting last evening? MR. LAPPER-No. MR. HUNSINGER-No conditions or anything? MR. LAPPER-No. MR. HUNSINGER-Any questions,comments from the Board? MR. FORD-Not that I haven't expressed already. MR. HUNSINGER-We do have a public hearing on this project. Is there anyone that wanted to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-Any written comments, Laura? MRS.MOORE-There are no written comments. MR. HUNSINGER-Okay. In terms of procedure. MRS. MOORE-You can close the public hearing for the subdivision. Complete your subdivision review, and then when you move forward into the site plan applications do them individually, and you reaffirm SEQR from the subdivision process. MR. HUNSINGER-Okay. All right. So we will, if no one wants to address the Board on the subdivision, I will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-And this is an Unlisted Action. I believe they submitted a Long Form. MR. LAPPER-You did the SEQR for the whole project. MR. HUNSINGER-Right. We already did the SEQR. So,okay. MR. LAPPER-It's a simple project,but a procedural nightmare. MR. HUNSINGER-Yes. MRS. MOORE-You'll do a subdivision,you'll do Preliminary and Final separately. Your resolutions are one for Preliminary, one for Final. RESOLUTION APPROVING PRELIM. STG. SUB # 1-2014 MARIO DI SIENA A subdivision application has been made to the Queensbury Planning Board for the following: Applicant proposes subdivision of a 5.95 acre parcel into 2 lots of 2.8 and 3.2 acres. Pursuant to Chapter A-183 of the Zoning Ordinance subdivision of land shall be subject to Planning Board review and approval. PB made a recommendation to the ZBA on 5-20-2014; the ZBA approved the variance request on 5- 22-2014 A public hearing was scheduled and held on 5-20-2014&5-22-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE PRELIMINARY STAGE SUBDIVISION NO. 1-2014 MARIO DI SIENA, Introduced by Brad Magowan who moved for its adoption,seconded by Thomas Ford: As per the resolution prepared by Staff. 13 (Queensbury Planning Board 05/22/2014) 1. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-183, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; 2. The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration. Duly adopted this 22nd day of May, 2014,by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Ms.White, Mr. Hunsinger NOES: NONE ABSENT: Mr. Krebs MR. HUNSINGER-Okay. Would you like to make a motion for the Final Stage? MR. MAGOWAN-I sure can. RESOLUTION APPROVING FINAL STG. SUB # 1-2014 MARIO DI SIENA A subdivision application has been made to the Queensbury Planning Board for the following: Applicant proposes subdivision of a 5.95 acre parcel into 2 lots of 2.8 and 3.2 acres. Pursuant to Chapter A-183 of the Zoning Ordinance subdivision of land shall be subject to Planning Board review and approval. A public hearing was scheduled and held on 5-22-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE FINAL STAGE SUBDIVISION NO. 1-2014 MARIO DI SIENA, Introduced by Brad Magowan who moved for its adoption,seconded by Thomas Ford: As per the resolution prepared by Staff: 1. Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter A-183, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code; 2. The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration; 3. Waiver requests granted: erosion&sediment control,stormwater mgmt.,grading,contours landscaping&lighting plans; 4. Final approved plans, in compliance with the Subdivision, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and Codes personnel. 5. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 6. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. Duly adopted this 22nd day of May, 2014,by the following vote: AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Mr. Magowan, Ms.White, Mr. Hunsinger NOES: NONE ABSENT: Mr. Krebs 14 (Queensbury Planning Board 05/22/2014) SITE PLAN NO. 34-2014 SEQR TYPE UNLISTED MARIO DISIENA AGENT(S) BARTLETT PONTIFF STEWART & RHODES OWNER(S) SUTTON'S PROPERTIES, LLC ZONING CM - COMMERCIAL MODERATE LOCATION 11 SUTTON TERRACE; 1066 STATE ROUTE 9 LOT 1 SUTTON'S BUSINESS AND RESIDENCE. PURSUANT TO SECTION 179-9-120 OF THE ZONING ORDINANCE ALTERATION TO SITE WITH APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 37-14,AV 38-14,SB 1- 14, SP 35-14, SB 7-11, OTHERS WARREN CO. REFERRAL MAY 2014 LOT SIZE 5.90 ACRES TAX MAP NO. 296.9-1-10.1 SECTION 179-9-120 JON LAPPER, REPRESENTING APPLICANT, PRESENT; MARIO DI SIENA, PRESENT MR. HUNSINGER-Are there any questions or comments from the Board? There's no changes. So. We also have a public hearing scheduled for each of the site plans. Is there anyone in the audience that wants to address the Board on the site plan? PUBLIC HEARING OPENED MR. HUNSINGER-I see no takers. Were there any written comments? MRS.MOORE-There's no written comments on this. MR. HUNSINGER-Okay. So I will open the public hearing and close the public hearing. Let the record show no comments were received. PUBLIC HEARING CLOSED MR. MAGOWAN-Laura,there's only one draft on this one? MRS. MOORE-No, there are two drafts. There's one that is referenced under Area Variance 37- 2014,which is associated with the Site Plan of 34-2014. MR. MAGOWAN-I've got 34. Have you got 37? We have 34 and 35. MR. HUNSINGER-Yes. It's Site Plan 34 and 35. It's Area Variance 37. MRS.MOORE-Do you want me to give you my copy so you have it? MR. HUNSINGER-They're with the Zoning Board minutes, Brad. MR. MAGOWAN-All right. So we're starting off with 34? MR. HUNSINGER-Site Plan 34,yes. RESOLUTION APPROVING SP# 34-2014 MARIO DI SIENA A site plan application has been made to the Queensbury Planning Board for the following: Lot 1 Sutton's Business & Residence. Pursuant to Section 179-9-120 of the Zoning Ordinance alteration to site with approved site plan shall be subject to Planning Board review and approval. PB made a recommendation to the ZBA on 5-20-2014; ZBA approved the variance request on 5-22- 2014; A public hearing was advertised and held on 5-20& 5-22-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO. 34-2014 MARIO DI SIENA, Introduced by Brad Magowan who moved for its adoption,seconded by David Deeb: As per the resolution prepared by Staff: 1) 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; 15 (Queensbury Planning Board 05/22/2014) 2) The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration; 3) Waiver requests granted: erosion & sediment control, contours, stormwater mgmt., grading,landscaping&lighting plans; 4) 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. 5) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 6) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. 7) 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. Duly adopted this 22nd day of May, 2014,by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Ms.White, Mr. Hunsinger NOES: NONE ABSENT: Mr. Krebs SITE PLAN NO. 35-2014 SEQR TYPE UNLISTED MARIO DISIENA AGENT(S) BARTLETT PONTIFF STEWART & RHODES OWNER(S) SUTTON'S PROPERTIES, LLC ZONING CM - COMMERCIAL MODERATE LOCATION 11 SUTTON TERRACE; 1066 STATE ROUTE 9 LOT 2 SUTTON'S FURNITURE STORE. PURSUANT TO SECTION 179-9-120 OF THE ZONING ORDINANCE ALTERATION TO SITE WITH APPROVED SITE PLAN SHALL BE SUBJECT TO PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE AV 37-14,AV 38-14,SB 1- 14, SB 7-11, OTHERS WARREN CO. REFERRAL MAY 2014 LOT SIZE 5.90 ACRES TAX MAP NO. 296.9-1-10.1 SECTION 179-9-120 JON LAPPER, REPRESENTING APPLICANT, PRESENT; MARIO DI SIENA, PRESENT MRS. MOORE-In this particular lot, it abuts a residential neighborhood, and there was discussion at the last meeting in regards to what the buffer was, and in the Ordinance that I'm looking at, I have commercial or retail, retail is a buffer of B, which is 20 feet, and a commercial would be buffer C, which would be a 50 foot buffer, and that way, what I've asked and talked to the applicant about is placing, at least identifying the line on the drawing, so that whoever looks at this in the future will understand that there is a buffer that is to be in place. MR. HUNSINGER-Okay. MR. FORD-And the width of that is? MRS. MOORE-Well, right now you can be between 20 and 50 feet at the one point. Right now it would be considered a retail or commercial building,and retail is a 20 foot buffer and commercial is a 50 foot buffer. So you,as a Board,can make that recommendation between that. MS.WHITE-So we can specify the 50 feet. MR. SCHONEWOLF-Why don't we just say it's a buffer. MR. HUNSINGER-Well,we're asking them to identify it on the site plan. MR. SCHONEWOLF-I know. MR. FORD-Let's refer to it as a 50 foot buffer and be done with it. MR. HUNSINGER-Yes,that's what we talked about. MS.WHITE-That's what we talked about on Tuesday. 16 (Queensbury Planning Board 05/22/2014) MR. MAGOWAN-Yes,that's what we talked about on Tuesday. MR. LAPPER-And we have no problem with putting the buffer on that. Absolutely. It's hard to distinguish between retail and commercial since they're the same thing. MR. MAGOWAN-Thanks for clarifying that,Jon. I kind of had the same thought. MR. HUNSINGER-Okay. Thanks, Laura. Any other comments or discussion from the Board? There is a public hearing scheduled on this site plan as well. Is there anyone in the audience that wishes to address the Board? PUBLIC HEARING OPENED MR. HUNSINGER-Any written comments? MRS.MOORE-There's no written comments. MR. HUNSINGER-Okay. Let the record show no comments were received. We will open and close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-I mean,we did have comments when we were here Tuesday night. MR. LAPPER-Mario had a nice discussion with the McNulty's afterwards, and we're happy to show the buffer. That's the right answer. MR. HUNSINGER-Okay. MR. FORD-Good. Thank you. MR. MAGOWAN-She said we're going to state in our resolution that there will be a 50 foot buffer. MR. HUNSINGER-And it will be shown on the site plan. MR. MAGOWAN-And it will be shown on the site plan. That's the Code. It's either 20 or 50. So we went with 50. MR. HUNSINGER-Any other discussion? MR. FORD-No. MR. HUNSINGER-Are we ready? MR. MAGOWAN-Yes. RESOLUTION APPROVING SP# 35-2014 MARIO DI SIENA A site plan application has been made to the Queensbury Planning Board for the following: Lot 2 Sutton's Furniture Store. Pursuant to Section 179-9-120 f the Zoning Ordinance alteration to site with approved site plan shall be subject to Planning Board review and approval. PB made a recommendation to the ZBA on 5-20-2014; the ZBA approved the variance request on 5- 21-2014 A public hearing was advertised and held on 5-20-2014&5-22-2014; This application is supported with all documentation, public comment, and application material in the file of record; MOTION TO APPROVE SITE PLAN NO. 35-2014 MARIO DI SIENA, Introduced by Brad Magowan who moved for its adoption,seconded by David Deeb: As per the resolution prepared by Staff. 17 (Queensbury Planning Board 05/22/2014) 1) 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; 2) The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Negative Declaration; 3) Waiver requests granted: erosion & sediment control, contours, stormwater mgmt., grading,landscaping&lighting plans; 4) Also there will be an identification on to the site plans for the 50 foot buffer for the commercial use of the property on the back line. 5) 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. 6) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. 7) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution 8) 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. Duly adopted this 22nd day of May, 2014,by the following vote: AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Mr. Magowan, Ms.White, Mr. Hunsinger NOES: NONE ABSENT: Mr. Krebs MR. HUNSINGER-You're all set. Good luck. MR. LAPPER-Thank you so much. It's nice to have a simple one for a change. It's funny, Martha's and Sutton's are both important, home grown businesses and I think they'll both be improved. So this is all good stuff. So thanks very much. MR. HUNSINGER-You're welcome. Good luck. SITE PLAN NO. 22-2014 SEQR TYPE UNLISTED VANCE I. COHEN OWNER(S) MITCHELL COHEN ZONING CI-COMMERCIAL INTENSIVE LOCATION 1161 STATE ROUTE 9 APPLICANT PROPOSES TO DEMO A 2,149 SQ. FT. BUILDING AND CONSTRUCT A 6,280 SQ. FT. PARKING LOT. PURSUANT TO CHAPTER 179-3-040 OF THE ZONING ORDINANCE PARKING LOT IN A CI ZONE REQUIRE PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE SP 3-07 WARREN CO. REFERRAL APRIL 2014-NCI LOT SIZE 0.60 ACRES TAX MAP NO. 295.8-1-2 SECTION 179-3-040 VANCE COHEN, PRESENT MR. HUNSINGER-Laura? MRS. MOORE-At our last meeting the applicant was tabled and was to present the project at the Planning Board meeting for May 22nd, and please note that I'm going to read directly from the Staff Notes that were updated. Staff has discussed with the Zoning Administrator and the Code Compliance Officer about the project including the non-compliance issues, and I have provided that Code violation information. Those are included in that packet for you to review. The applicant was informed that the addition of site lighting and graveling of the area was done without the appropriate approvals including site plan. The applicant has complete the site plan application for request for approval of the as built conditions and has requested the remaining items of the site plan to be implemented at a specific time schedule. At this time the applicant has indicated that the building that was to be removed this summer will not occur until next year as well as the remaining items to be implemented will occur next year as well. The applicant has indicated and an on-site visit that the stone has now been racked/moved to not be on the Great Escape property and the 18 (Queensbury Planning Board 05/22/2014) applicant intends to leave the stone berm in place to provide a barrier so vehicles are only allowed in the area of the gravel surface-the area that had the gravel will be seeded and hayed. Staff would suggest the board include a condition with the review that the existing gravel berm be straightened to confirm conformance with location on applicant's property not the neighboring property; the existing non-compliant light units be adjusted to be compliant or removed and compliant lighting be installed, that the as built conditions are limited at this time to only the gravel surface location and the lighting, and the remaining implementation of the site -grading, stormwater measures, lighting,building removal etc.be completed by May of 2015. MR. HUNSINGER-Okay. Thank you. Good evening. MR. COHEN-Hello. MR. HUNSINGER-If you could identify yourself for the record. MR. COHEN-I'm Vance Cohen. MR. HUNSINGER-So tell us about your project. MR. COHEN-Well, in 2007 I had previously been approved to take down the one building and expand the parking lot. Over the last few years, some work has been done on the property. Last year our landscaper went over the line for The Great Escape's property boundary and so that was part of what I have to remove to be compliant. So I guess at this point what I'm looking to do is just get approval on the, being compliant with the Town's request and not looking to take down the building and do the other work on the property at this point. MR. HUNSINGER-So do you have any kind of timeline when the balance of the work would be completed? MR. COHEN-I'm trying to work out some of those details. I'm not quite sure. So I'm not sure, am I to withdraw that part of it or for a future date to discuss? MRS. MOORE-No. Right, the Staff Notes include the timeline that was proposed, but since our last, since Tuesday's meeting that appears to have changed for the applicant. So I've suggested the Board implement a time limit by May of 2015 of next year that it be completed, and if it's not completed by that time, then the applicant would come back before the Board and explain what's happening at that point with a new site plan or explain that he needs and extension or some sort of process so it doesn't expire. I want to make sure the applicant comes back and follows the process through. MR. HUNSINGER-So the only thing we're really approving is the gravel? MR. COHEN-Yes. MRS.MOORE-Yes. MR. HUNSINGER-And then he's going to have to adjust the lights to make sure they're Code compliant. MRS.MOORE-Yes. MR. COHEN-Well,that lighting that was connected between the other buildings I had added lighting on to the blue and white building,so that's been disconnected. So that's already been taken care of. MR. HUNSINGER-Okay. MR. COHEN-And the gravel's been racked off. The line may not be exactly straight, I guess, but I'll pull it back,whatever's not right on the line. MR. DEEB-So you're almost completed,then. MR. COHEN-It's, I'd say,98%. MR. HUNSINGER-But there's still a lot of work to do with the,to meet what was approved in 2007. MR. COHEN-If Igo that route. At this point, I'm just looking to take care of the Town's. 19 (Queensbury Planning Board 05/22/2014) MR. HUNSINGER-So are you looking, I noticed there was a For Sale sign on the, in front of the building. Are you trying to sell the building,too? MR. COHEN-Always. Everything's always For Sale. MR. HUNSINGER-Okay. Other questions from the Board? MR. MAGOWAN-That time limit was until what, May 15th you said? MR. HUNSINGER-May 2015. It's on the Staff Notes,bottom of Page Two. MR. SCHONEWOLF-Is there a time limit on it? MR. HUNSINGER-Right at the very end of the bottom of Page Two on Staff Notes,the ones that were handed out tonight. MR. FORD-Is the rationale for not addressing this building because it is part of the property For Sale? MR. COHEN-That and a few other things, but that's not relevant to the Town's issues that they had on there. MR. HUNSINGER-We'd talked, the other night, about the cars that are there on the site. What's the plan for those? MR. COHEN-Right. Well, I have one vehicle for sale, and I have two vehicles that I have parked there. One of them I was in an accident. I'm waiting for the insurance guy to come and take a look at it and take care of that end of it. MR. FORD-How long has that been hanging out there? MR. COHEN-It's been there maybe just a little over a month. It's a process. I'm not sure why that's taking so long. MR. FORD-Not the car hanging out there. I meant the issue with the insurance company. MR. COHEN-Yes, I don't know. I don't know why it's taking so long. I was on the phone with them again today trying to resolve it. MR. HUNSINGER-So what other questions or concerns does the Board have? MR. SCHONEWOLF-Well,there's not much left. MR. HUNSINGER-Yes. MS.WHITE-So the demolition of the building is off the table for tonight? MR. FORD-Yes. MS.WHITE-Okay. I just wanted to be clear. MRS. MOORE-But it is, in the time schedule that was given,he indicated that that building would be demolished by the summer of this year, of 2014, and now this extended to the Summer of 2015, not only to demolish that building,but to also implement the site plan activities from the 2007 plan,and if that doesn't occur then the applicant has the opportunity to come back in May of 2015 to explain what the next steps are for the site. Because right now he's working on,the 2007 plan expired and he didn't come in to renew or extend or things like that. So now for this site plan the opportunity again exists that if something doesn't work to the applicant to proceed with what's been proposed, he can come back in and explain that and get his extension. So it's a continuous process. MR. HUNSINGER-Okay. That makes sense. We do have a public hearing scheduled this evening. Is there anyone that wants to address the Board? Did you want to address the Board, sir? The purpose of the public hearing is for members of the audience to provide comment to the Board. I would ask anyone who wishes to address the Board to state their name for the record and to speak 20 (Queensbury Planning Board 05/22/2014) clearly into the microphone. We do tape the meeting. The tape is used to transcribe the minutes and the tape is also made available on the Town's website. Good evening. PUBLIC HEARING OPENED DON DANIELS MR. DANIELS-Hi. My name is Don Daniels. I own Glens Falls Realty, and about 10 years ago I entered into a contract. I was actually made the bank and I hold the mortgage on this property. MR. HUNSINGER-Okay. MR. DANIELS-Not with Vance Cohen but with his father. He's not here this evening for whatever reason, but the demolition of that larger restaurant building I would, which seems to have been taken off the program tonight, I would prefer that it's not demolished unless I have some new arrangements with the Cohens. My mortgage, obviously, which you're not aware of, but my mortgage is for land and buildings, and there's two buildings on that property. At one time they were both restaurant buildings. I operated both of the restaurants for 25 years or so, and the smaller building on the north side, I actually built that over two or three years. So my purpose tonight is to follow up with what has already been discussed about taking the demolition of the larger building on the south side off the table at this point. Whether something was to happen a year from now, that's a possibility, but obviously my contract and my mortgage papers would have to be changed. So the expansion of the parking lot,over the years I've worked very closely with the Cohens as they expanded this and expanded that and, you know, made it viable as a parking lot. Obviously there's parking lots all over the area, and the Cohens have been before you, I think, to have this as a paved parking lot where some of the others never came before any Boards and they still park cars. Myself, I always parked cars. Back in the 70's and 80's I was always parking cars on that property, before it became fashionable to park cars and make money. Anyway, so that's what my comments are for tonight. So thank you very much. MR. HUNSINGER-Thank you. Anyone else? MRS. MOORE-I do have a written comment, and I understand from Mr. Daniels that I should read that into the record as well. MR. HUNSINGER-Okay. MRS. MOORE-So this is dated May 21St of 2014, and it's addressed To Whom It May Concern, "Our office represents Donald J. Daniels in a pending foreclosure action in Warren County Supreme Court. Mr. Daniels seeks to foreclose on the above referenced property, for which he holds a note and mortgage. The foreclosure action was filed with the Warren County Clerk on April 10, 2014. As indicated in the prior correspondence submitted to Town of Queensbury Planning Board, Mr. Cohen has filed an application requesting permission to demolish the building located on the aforementioned property. Mr. Daniels' security interest in the real property includes the building for which demolition has been requested. We respectfully request that during the pendency of the foreclosure action the application be placed on hold. Mr. Cohen has failed to file an answer to the aforementioned complaint. Our office will file a motion for default judgment. We respectfully request that the application be delayed until the foreclosure matter can be resolved. If you have any questions in the interim, please feel free to contact our office. Very truly yours, Thomas R. Knapp" MR. HUNSINGER-Okay. Thank you. Any other comments, Laura? MRS.MOORE-No. MR. HUNSINGER-Okay. If there are no other comments, I will close the public hearing. PUBLIC HEARING CLOSED MR. HUNSINGER-I mean, typically we don't get involved in a legal issue between, you know, essentially the bank and the property owner. MR. COHEN-I understand. Right. That's why I defaulted on looking to take down the building until all those other issues are resolved,at this point,just to make everything compliant. MR. HUNSINGER-And,again,the only thing we're really acting on this evening is the. 21 (Queensbury Planning Board 05/22/2014) MRS.MOORE-As built,the current conditions on the site. MR. HUNSINGER-Right. Okay. Any other questions or comments from the Board? MR. FORD-As long as we can get the property into compliance with what is being called for by the Town. Correct? MRS. MOORE-What happened in the court proceedings, in reading through that information, is that once the applicant has completed the site plan application process, then there's no longer a court issue. The idea was that he got through the process. MR. HUNSINGER-Right. Okay. MR. MAGOWAN-So do I have to state anything in the resolution,then? MRS. MOORE-The thing that you may wish to describe in the resolution, either as a condition, is in reference to the lighting, that the applicant has indicated that it is disconnected and not working. Right now there's still fixtures up there. So whether he has the opportunity to remove them, you know,that may come,that may be a discussion,but I'm satisfied that if they're disconnected,they're not in operation. Bruce,who does our Code compliance,may have a different thought on that. MR. MAGOWAN-And do you want me to say anything for the as built condition, to make the property compliant? MRS.MOORE-Yes,please. MR. MAGOWAN-Is that all right as I said,the as built condition to make the property compliant? MRS.MOORE-Yes. MR. HUNSINGER-I think if you just read into the record the Staff comments at the bottom of Page Two where it,you know, starts with Staff would suggest the Board include a condition, I think then we'd be good. MR. MAGOWAN-Okay. MR. HUNSINGER-Before we do that, though, we do need to consider SEQR. It's an Unlisted action. We previously did SEQR when we approved the site plan in 2007. So do we need to, I mean, we need to re-visit SEQR,obviously,but can we just affirm the SEQR findings? MRS.MOORE-Yes. MR. HUNSINGER-Okay. So we can do that in the motion? MRS.MOORE-Yes. MR. HUNSINGER-Okay. MR. MAGOWAN-We're good? MR. HUNSINGER-Yes. MR. MAGOWAN-Okay. RESOLUTION APPROVING SP# 22-2014 VANCE I. COHEN A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes to demo a 2,149 sq. ft. building and construct a 6,280 sq. ft. parking lot. Pursuant to Chapter 179-3-040 of the Zoning Ordinance Parking Lot in a Cl zone require Planning Board review and approval. A public hearing was advertised and held on 5-20-14&5-22-14; This application is supported with all documentation, public comment, and application material in the file of record; 22 (Queensbury Planning Board 05/22/2014) MOTION TO APPROVE SITE PLAN NO. 22-2014 VANCE I. COHEN, Introduced by Brad Magowan who moved for its adoption,seconded by Thomas Ford: As per the resolution prepared by Staff: 1) 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; 2) The application is a modification, the requirements of the State Environmental Quality Review Act have been considered, and the proposed modification[s] do not result in any new or significantly different environmental impacts, and, therefore, no further SEQRA review is necessary; 3) Waiver requests granted: stormwater mgmt.,grading,landscaping&lighting plans; 4) The board includes a condition with the review that the existing gravel berm be straightened to confirm conformance with location on applicant's property not the neighboring property; 5) The existing non-compliant light units be adjusted to be compliant or removed and compliant lighting be installed; 6) The as-built conditions are limited at this time to only the gravel surface location and the lighting, 7) The remaining implementation of the site-grading, stormwater measures, lighting,building removal etc.be completed by May of 2015; 8) 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; 9) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work; 10) Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution Duly adopted this 22nd day of May, 2014,by the following vote: MR. MAGOWAN-For additional, we would like the Staff comments to be put on Page Two, also included in this resolution, the disconnecting the lighting, and as the as built condition of the, to make the property compliant. MR. HUNSINGER-Yes, Brad, I think you should just read the. MR. MAGOWAN-Do you want me to read the whole thing? All right. I'll back up. MR. FORD-Not all of Page Two. MR. HUNSINGER-Just that highlighted part. MR. MAGOWAN-Yes, all right. Make a condition with the review that the existing gravel berm be straightened to confirm conformance with the location on applicant's property not the neighboring property; the existing non-compliant light units be adjusted to be compliant or removed and compliant lighting be installed,that the as built conditions are limited at this time to only the gravel surface location and the lighting, and the remaining implementation of the site -grading, stormwater measures,lighting,building removal etc.be completed by May of 2015. AYES: Mr. Deeb, Mr. Schonewolf, Mr. Ford, Ms.White, Mr. Magowan, Mr. Hunsinger NOES: NONE ABSENT: Mr. Krebs 23 (Queensbury Planning Board 05/22/2014) MR. HUNSINGER-Good luck. Mr. Daniels, I'm no lawyer,but I'm glad to hear that you have a lawyer involved with this to protect your interest. I'd be remiss if I didn't say that. MR. COHEN-I do have a quick question on the Martha's project. I'm not very familiar with it, but since they're adding bike racks and entertaining the bike path, I'm assuming that DOT's also putting a crosswalk in right there to allow the bike path to cross over? MR. HUNSINGER-No crosswalk. MR. COHEN-How do you recommend the folks from the bike path cross the road to Martha's? MS.WHITE-Up and over the bridge. MR. COHEN-That's how they're recommending it? MS.WHITE-Yes. MR. COHEN-Okay. MR. HUNSINGER-Is there any other business to be brought before the Board? MRS.MOORE-There is none. MR. HUNSINGER-Would you like to make a motion, Brad? MR. MAGOWAN-I'll make a motion to adjourn tonight's meeting. MOTION TO ADJOURN THE QUEENSBURY PLANNING BOARD MEETING OF MAY 22, 2014, Introduced by Brad Magowan who moved for its adoption,seconded by Thomas Ford: Duly adopted this 22nd day of May, 2014, by the following vote: AYES: Mr. Ford, Mr. Schonewolf, Mr. Deeb, Ms.White, Mr. Magowan, Mr. Hunsinger NOES: NONE ABSENT: Mr. Krebs MR. HUNSINGER-Our meetings in June are the 17th and the Thursday the 26th. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Chris Hunsinger, Chairman 24