Staff Notes ZBA Mtg Wed May 17 2017 Staff
Includes Agen , T t ZBA Resolutions
ZA Meeting
Wednesday, May 17,, 1'
Queensbury Zoning Board of' Appeals Agenda
Meeting: Wednesday, May 17, 2017 Time: 7:DD- 11:00 pm
Quieensbury Activities Centel-742 Bay Road
Agenda subject to change end may,be found at: www.queensbury.net
Approval of mecting mioutes: Apx1l 19 and April 26,20117
Administrative item:
Z-A.V-17-2017 Fastract Markets, LLC (Brett Hughes)773 Quaker Road: Request to fitArtherrable.,
Z-SV-2-2017 Fastract Markets, LLC (Brett Hughes:)773 Quaker Road: Request to fitirther Table.
OLD OUS(NIft.
Applicangs) Gregory Teresi,Member Dark Ba Properties Area VRrianee No ZAV-3 I-i 11.7
Ownelw_ Lawrence DavisMM� II
_AgSqUs J.,Lap s En :i!1Sqj9Z Lot Size 1.5 aores& 0-23 acres
per,Esq.,BPSR/Hijtu�� ......
Location 3300 State Ro Lite 9L KiFiWj WR
Ward No, Ward I
Tax Ed No 239-18-1-2;7.1,239,18-1-27,2 Section, 179-4-040
Cross;Ret P-SP-33-2017 I Warren County Planning April 2,017
Public Hearin, April 26,,2017'Tabled to May 17.2017 Adi rondat k Parkw n,e ALI)
Project Description; Applicant proposes a boundary lot line adjustment to oonstruct a single family home with a shared cuibcut with
the adjacent parcel, Marcel 239.18-1-27.1 will reduce a 1,5 ac parcel to D.91 ac and increase parcel 23,9,19-27.2 to 0.81 ac. Project
also involves construction of single on parcel 239.18-1-27.2 and associated site workon both Parcels. Relief r"Uested for increasing
the nonconformity of an,existing non-conforming,parcel. Relief is also requested.for StOFM.Wator devivosotback, Planning Board:
eomtruction of within,50 1 of 15%slo2es and storrnwater for sloEes and location in a CEA,
W1 i—nrl.lcant s l anstranc Markets,—LLC (Brett Hughes) Sign Variance Na Z-SV-3-2017
Owner(s) Jerry Audi -SwitchCO UX SE .A Type Un I isted
Agent(s) Napicrala Consul ing-Matthew R.NapicTala,PE Lot Size 2,155 Acro(s)
Location I Ward No, 208 Corinth Road- Ward 4 Zoning CI-18
Tax Id No 3091.13-1-35 Section Ch@;qcr 140
Cross Ref P-SP22-2017;P-SUP-5-2017; Z-AV-1.8-2017; Warren County Planning March 2G 17
SP PZ 51-2016&AV PZ 64-2016h Hotel, DISC 2-
2017
.Public 2 17 Tabled,to May 17,2017 Adiron!a—ck-Park A - -,,Llkd�t
Project Description Applicant proposes,installation of revised signage including,a 45 sq. ft.freestanding sign,and 70.7 sq, ft.wall sign on
front of the building. Relief requested frorn number of allowable wall sips, 'I allowed; 3 are proposed- 32 sq.ft.wall sign to be installed
on the side of the building and as 22.2sq. 11.canopysign to be installed on the new gasoline canopy structure.
NEW RUSINUS:
Applicaflt(') Frank&Isobel Munoff Notice of Appeol No Z-NOA-1-2017
Owflels) 1-1 arp Id and Lyn Hal I iday SEQ,R-A Type n/a
-Agtlit-s No Lot Size ........— L.66
Location 1W a r(I leu.— 259 9—SitateRout" 9-L-Ward 1, - mm zon!v
WK
Tax Id No 240.5-1-12 S"tionn/a
Cross Rot STIP I-2017; SP 2-20,17 Warren County Planiflng nJa
Public Hen ring May 17,2017 Adirondack Park Ageng nJa
Project Ileseription Appellant isapptriling thc. onng 'mmstrators detcraninationastow ct era rJtiplenrJnrrnut-UrU ui ing,
consti Lutes more than one pd nuipal bui[ding., The appeal is directed at a speci fir,Planning Board approval on property owned by Harold and
Lyn li.alliday; parcel 240.5-1-32;2599 State Route 9L in the Town of'Queensbury fora construction and special use of boat storage building
on said parcel where the I-lal 11 dU's reside.
Page I of 2
10%
Queensbury Zoning Board of Appeals Agenda
Meefling. Wednesday, May 17, 2017 T"me7.00- 11,00 pm
Que ens bury A ctivities Cervi r-742 Boy Road
Agenda subject to change and m:oy be found at. wwwqueensbury.net
_APE James Beaty Area Variance No Z-AV-35-2017
Ownerq) Hars ParsInc. SE9.RA Type 11
Agent(s) ri�a Lot Size 10.69 Acre(s)
Location 1 Ward No. 1.68 Sunnyside Dead -'hard 1. Zoubig MDR
"Tay.Id No290,54-50 section 179-3-040
Cross Ref $I) 7-201.7'Prclim & SB 8-2017 r'i,nal Warren CoRaV 6aanin May 21317
Public Hearing May 17,2017 Adirondack Park Agency I rata
Project Description Applicant proposes subdivision of[and where existing golf Coarse bar/and 4-unit apartment complex are located into
two parcels. The apartment complex,Lot I will be 030 acres and the golf course, Lot 2 will be 1,0,56 acres. Relief requested from minimum
lot size I density,building setbacks,and permeability requirements of the MDR zoning district. Planning Board, Subdivision review is
tog aired for the creation of(lie now lots.
_AERLial r-YAOL Glann.Durlocher Area Vnriance No Z-AV-30-2017
OWr"eqS), Great Esca e Theme"Park,_LP SKWjjja1I
n/a Lot: i 10.48 acres; 175_th_aciv
(Usin
.......................
w.
LoC_ai Wit I Ward No,
1115 Rate Route,9 - Ward 2 Zoning
Tax Id No 295.12-1-4 Section 179-5-1020; 179-3-040
Cross 14f F- P"-3" Modification; SP PZ-265-2016 Warren County P�!IE_qiq A ril 017
...............
L JJJa::::
Public np!jrigMay 1,7,2017 Ad I rondack Park IA Ilia
Project Description Applirant proposes to relocate a 160 sq. ft.shed this includes a 50 sq.ftporch onthe shed. Project is for an outdoor
tree art business Where the slied would be closer than 75 ft.to the fiont propeaty line. Relief requested for travel corridor overlay and front
setback requirements of the C17,one. Planning Board: Site Plan triodi fication fur relocation of shed,and dis to Baa.
Chris Mackey Area Variance No. Z'-ACJ-36-2017
Mr ar,y &William.Ca SEQRA T PC 11
Agent(s) Dennis MacElroy, Environmental Design Lot Size 0.26 Acre(s)
Partnership
Location Ward No. Vacant parcel just west of 3 10 Corinth Road- zoning CLI
Ward 4
Tax i
No
I Section 179-3-040 179-4-030
—&—os's Ref n/a Wfirren,County l"Itanning a .7
Ra blic Hearing Mp17,1-017Adirondack Park Agenq W n/a
Project Description A ppI ican t.proposes construction of 2,450 sq., 11. storage structure on a vacant 0.26 acre parcel off 1,--,x i t 18, 1-87, Relief
requested from minimum Travel Conridor Overlay(TCO)district setback,r uirements and setbacks for the C'1�zonia� district.
Any further business that the C hai rman,determines many be properly brought before the Zoning Board of Appeals.
Revised.; 4.27.2017 Z-SV-3-2017 Address from 220 to,208 Corinth Rd
Final Version: 4.27.2017 CII/LMIsh
Page 2 of 2
(* Zening,Boand of Appeals— Record of Resolution
"I'own of Queensbury 742 Bay Road Queensbury, NY 12804
(518) 761-8238
W"
'Fu"'11 Of(ZWL"23-%JJEJJT DRAFT RESOLurim
Area Variance Resolution To: Table
Applicant Name: Fastract.Caf6 (Quaker Road)
File Num ber. Z-AV-17-2017
Location-. 773 Quaker Road
Tax Map Number: 303.15-1-27
ZBA.Meeting Date: Wednesday, May 17, 2017
The Zoning Board of Appeals of the Town of Queensbury has received an application from
Fastract CaCC
Applicant proposes 5,800 sq. fl. convenience store with 6,000 sq, ft. fuel canopy (8 gasoline
fueling dispensers) and 1,750, sq. ft. diesel station canopy (3 diesel fueling dispensers). Project
occurs on the existing Binle:y property. The greenhouse units to be removed and area to be re-
graded. Binley retail building to be reinoved; inade pad ready.
The applicant requests relief from setbacks in the C1 zone (Commercial Intensive).
'Section, 1,79-3-040 establish ent of dis,tricts-di mensional requi rements Cl Z e
Section 179-4-030 travel comdor overlay=Quaker Rd and Dix Avenue
The applicant proposes construction of a new 5, 800 sq. ft. convenience store with a 6000 sq. &
fuel canopy. The canopy to Quaker Rd side is to be 68 ft. where a 7ft. setback, is required.
MOTION TO TABLE ARE A VARIANCE Z-AV-1,7-2017 FASTRAC CAFf, QUAKER
ROAD , Introduced by who moved for its adoption, seconded by
Until
Duty adopted this 17th day of May, 2017, by the following vote:
,AYES-
NOESa
Zoning Board of Appeals—Record of Resolution
P Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Totol d(Lymps)ny DRAFT RESOLUTION
Sign Variance Resolution To. Table
Applicant Name: Fastrac Cafe
File Number; Z-S,V'-2-2017
Location: 773 Quaker Road at Dix Avenue intersection)
Tax Map Number: 303.15-1-27
ZBA Meeting Date- Wednesday, May 17, 2017
The Zoning Board of Appeals of the Town of Queensbury has received at) application, from
Fastrac Cafifor a variance from Chapter 140 of the Sign Code o°[ The Town,of"Queensbury.
Applicant proposes installation of a 76,5 sq. ft. freestanding sign on Quaker Road. Also,
proposed is the installation of a 7&7 sq, ft. wall sign on the front facing side of the new
convenience store /building.
The applicant requests relief from the maximum size restrictions for a freestanding:sign and from
the number ofAllo wable wall signs
Section. 140-6 Sier
s for which mits are re uixed
sp -----------q_
The applicant proposes 3 wall signs where only 2 are allowed,,,— 32 sq ft. wall. sign to be
installed on the side of the building, 78.7 sq. ft. wall sign to be installed on the, front of the
building; and a 22.2 sq. ft. canopy sign to 'be installed on the new gasoline canopy structure.
Also the size fear a wall sign is,proposed greater than 30 sq. ft. The applicant also proposes a free
standing sign of 76.5 sq. ft. where 45 sq:. ft. is the maximurn allowed.
MOTION TO TABLE SIGNVARIANCE ZS'V-2-2017 FA IR. CAFE (QUAKri,
ROAD , Introduced by Michael. McCabe who moved for its adoption, seconded by Harrison
Freer-
until ineeting with the material to be submitted by the deadline,.
Duly adopted this 17'h day of May, 2017, by the following vote:
AYES,
OE a:
Town of Queensbury Zoning Board of Appeals
Communiiy Development Department Staff Notes
Area Variance No.: 31-2017
Project Applicant. Gregory Teresi,Dark Bay Properties
Project Location: 330,0 State Route 9L
Parcel History- P-SP 33-2017
SEQR'Typc: Type II
Meeting Date. April 2h,2017 tabled, May 17,201.7"
Iimtipfion of Proposed Project:I
Applicant proposes a boundary lot fine adjustment,to construct a single family home with, a shared curbeut with
the adjacent parcel. Parcel 239.18-1-27.1 will reduce a 1.5 ac parcel to 1.0 ac and increase parcel 239.18- 7.2 to
0:80 ac, Project also involves construction of single on parcel 239.18-1-27.2 and associated site work on both
parcels. Relief requested for increasing the nonconformity of an existing,non-conforming parcel. Refiefisalso
requested for stormwater device setback. Planning Board: construction of single family home within 50 ft. of
15% slopes and stormwater for slopes and, location in a CEA.
Relief R09,
The applicant requests relief for installation of s,tormwate:r devices less than 100 ft.. from the septic and fin-cher
reduction of a non-conforming parcel. Parcel is located in the' zone.
9 tion 147-11 Stortrwater Mgnggpme t—Stu dement ry add,itionalo emits orge P
g within Lake Geark
-REj
The applicant propose.s stormwater infi Itration devices closer than 100 ft to the septic area where 22 ft is proposed.
179-3-040 Establishment of Districts—dimensional uirernent 'l Sarre
The:project proposes to reduce a non conforming parcel from 1.5 ac to 1.0 ac where 2 ac is required.,
Fc-r iteria for considerman Area Va riance accordin to Chapter 267 of To
In making a determination, the board shall consider.
1, Whether an undesirable change will be produced in, the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the:
neighborhood may be anticipated.
,2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than anarca variance. Feasible alternatives may be; limited due to the lot
configuration along the shoreline and the neighboring property request for the proposed home to,be located
as described on the parcel.
3. Whether the requested area, variance is substantial. The relief may be considered substantial relevant to
the code. The relief requested is 78 ft,
4. Whether the proposed variance will have an adverse effcvt or impact on, the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or,
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty was self'created. 'I"he difficulty may be considered sell'created.,
staff Comments=
The project includes a lot lineadjustment between two existing parcels where both parcels are to be non
conforrning parcels, The plans show the new home-will have on site septic and a lake drawn water line. Other
utilities will be communications and electric will be providedfirorn existing connections, The plans also show
the septic and lake drawn drinking water location for the adjoining lot. The plans show extensive grading where
the new home will be located that extends to the adjoining lot. The project area for the new home shows a
vegetation plan for the cast side of the home including white pine, spruce and hemlock. The elevations show a
28 ft in height building. The lake side area contahis the walk out basement doors and above is an open deck
area.
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals – Record of Resolution
Town of Queensburyr 742 Bay Road Queensbury, N'Y 12804 (518) 761-8238
Tom DRAFT RESOLUTION
Area Variance Resolution To: Approve / Disapprove
Applicant Name- GregoryTeresi, Dark Bay Properties
File Number: Z-AV-31-2017
Location: 3300 State Route 9L
Tax Map Number: 239.18-1-27.1; 239.18-1-27.2
ZBA Mecting Date. Wednesday, May 17, 201'7
The Zoning Board of Appeals of the Of Queensbury has received an application from Gregory Teresi,
Dark Bay Properties. Applicant propose s a boundary lot line adjustment to construct a single family home with
a shared curticut with the adjacent parcel,, Parcel 239-18-1-27.1 will,reduce a 1.5 ac parcel to 1.0 ac and
increase parcel 239.18-27.2 t0.80 ac. Project also involves construction of single on parcel 239.184-27.2 and
associated site work on both parcels. Relief requested ffor increasing the nonconformity of an existing non-
conforming parcel. Relief is also requested for stoirnwater device! setback Planning Board: construction of
single family home within 5,0 ft., of 15% slopes and stormwater for slopes and location in a CEA.
The applicant requests relief fdr installation of stormwater devices less than 100 ft–from the septic and fiirther
reduction of a non-conforming parcel. Parcel is located in the VVR zone.
' colon 14 Managomeml–$upplq
The applicant proposes stormwater infiltration devices doser than 1.00 ft:to the septic arca whre 22 ft is,proposm.
179-3-040 Establishinerg of Districts --dimensional mquirement WR zone
The project proposes to reduce a non conforming parcel from 1.5 ac to 1.0 ac where 2 ac is required,.
SEQR Type 11–no further review required;
A public hearing was advertised and held, on April 26, 2017 &Tabled to May 17, 2017
Upon review of the application materials,, information supplied, during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
1. There is is not an undesirable c1tange in, the character of the neighborhood not a detriment to nearby
properties laecause
2. Feasible alternatives are and have been considered by the Board, are , easonable and,have been
included to minirniz;-t—he request OR are not possible.
3. "'rile requested variance is / is not substantial because
Page 1 of 2
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. is the alleged difficulty, is /is, notself-created because
6. In addition the Board finds that the benefit, to the applicant from rauting the requcsted variance woLdd
_LaMroXW)_Lwqu d be outweighed Denial)denial) the resulting, detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minfinuin necessary;
8. The Board also proposes the following conditions:
a)
b)
c) Adherence to the items outlined in the follow-up letter sent.with this,resolution.
BASED ON THE ABOVE-FINDIMS I MAKE A.11 OTIO l TOAPPROVE /DENTY AREA, VARIANCEZ-
AV-31-2017. Gregory Teresi, Member Dglk_Ba Pro, erfies, Introduced by
who movedfor its adoption,
seconded by
Duly adopted this 171' day of M.ay 2017 by the following vote:
AYE&:
NOES:
Page 2 of',
Town of Queensbury Zoning Board of Appeals
Commu�n'ity Development Department Staff Notes
Sign Variance,No..' 3-2017
Project Applicant: Fog rac—Corinth. Road
Project Location: 220 Corintb Road/Ward 4
Parcel History., P-SP 22-2017; P_SUP_5_20 17; Z-AV-19-201,7', SP PZ 51-2016& AV PZ 69-2016 Htee,,
DISC 2-201.7
SEQR T' pc: Unlisted
Meeting Date: March 22,2017 tabled, May 17,20,17
Description of Proposed Project:I
Applicant proposes installation of revised signage including a 45 sq.ft. freestanding sign and 70.7 sq. ft. wall sign on front of the
building. Relief requested from number of allow4blc:wall signs; 1. allowed; 3 are Proposed-32,sq, ft. wall sign to be installed on the
side of the building and a 22.2 sq. ft.,canopy sign to be installed on the new gasoline canopy structure,
Relief Re!qu I
The applicant requests relief from the rnammurn size restrilotions for a freestanding sign and from the numbor of allowable"I signs
Section-Ug--§—,�ij,n L r which permits,are required
The applicant proposes 3 wal I sips Where only I is allowed at,30 sq ft. (or two wall sips no larger than 3O sq ft total and no free
standing sign). The main building sign is proposed to be 78,13 sq it,,fuel canopy sign at 22.2 sq ft, and wall sign west side of building,
,32 sq ft, The proposed free standing sign at 42.2 sq ft.
Criteria for c*nsiderilng a Sign Variance according to Chapter 267 of
In making it determination, the board sitall consider-.
1. Whether an undesirable cliange will be produced in the character of the neighborhood or a detriment to
nearby properties will be created ,lyy the granting of this sign variance. Minor impacts to the neighborhood may
be anticipated as signs along the corridor are required to be coinpliant.
2. Whether the benefit sought by the applicant can be achieved by some methad, feasible for the applicant to
pursue,other than a sign variance. Feasible alternatives maybe, considered to adjust the number of signs.,
3. Whether the requested sign variance is substantial. The relief requested may be considered moderate to relevant
to the, code, The refief requested for the number of wall signs is 3 and only I is allowed and may be larger than 30 sq
ft based on sabacks.
4. Wr hetber the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district. The project as proposed may have mini nal impact on the
environrncntal conditions of the district.
5. Whether the alleged difficulty was self-created. The,diffloulty may be considered.self-created.
Staff Comments,
J
The applicant proposes the sign package that is associated with the construction of the Fastrac convenience store and fuel.
service. The applicant har, indicated the signage is utilized too for customers traveling from the North ay and the west
towards the North way.
Zoning Board of Appeals—Record of Resolution
Town c&Queensbury742 Bay Road Queenskiry,NY 12.804 (518) 761-8238
DRAFT RESOLUTION
Ikani o((tqLvY?dnjxy
Sign Variance Resolution To: Approve /Disapprove
Applicant Name- Fastrac Cafd
File Number: -Sia'- -x.017
Location: 220 Corinth Road
Tax Map Number- 309.13-1-35
ZBA Meeting Date- Wednesday, May 17, 2017
'The Zoning Board of Appeals of the Town of Queensbury has received an applicationfrom Fastrac Cafe
fora variance from Chapter 1.40 of the Sign Code of The Town of Queensbury.
Applicant proposes in,stal,lation of revised signage including a 45 sq, fi-freestanding sign and 70.7 sq. it,
wall sign on front of the building. R.e.fiefrequested from number of allowable wall signs;, I allowed; 3
are proposed - 32 sq. ft. wall sign to be installed on the side of the building and a 22.2 sq. ft. canopy sign.
to be installed on the new gasoline canopy structure.
The applicant requests relief from the maximum size restrictions for a freestanding sign and from the
number of allowable wall signs.
Section 1,40-6 Signs for which permits are required
The applicant proposes 3 wall signs,where only I is allowed at 30 sq ft. (or two wall signs no larger than
3f sq tI total and no 'free standing sign). The main building sign is proposed.to be 78.1 sq ft, fuel
canopy sign at 22.2 sq I.I., and wall sign west side of building 32 sq 0, The proposed free standing sign at
42.2 sq ft.
SEAR 'I'ype: Unlisted [ Resolution/Action Required for SE
Motion regarding Sign Variance Z-SV-3-2017 F,astrac based upon the information and the analysis
of the above supporting documentation provided by the applicant, this Board finds that this will not
result in any significant adverse environmental impact., So we give it a Negative Declaration,
Introduced by who moved for,its adoption, seconded by
Duly adopted 17t6 day of May 2017, 'ley the following vote:
AYES;
NOES:
A public hearing was advertised and held on March Z2, 2017, and Tabled to May 17,2017
Upon review of the application materials, information supplied during the public hearing, and 'upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and
Chapter 267 of N YS To wn Law and after discussion and deliberation, we find as follows:
Page 1 of 2
L 'W ill an undesirable change be produced i n the:character of the neighborhood or will a detr inient to the
nearby properties be created, by the granting ofthe requested sign variance? INSERT RESPONSE
2. Can the benefit sought by the applicant be achieved, by some method, feasible for the applicant to
pursue, other than a sign variance? INSER]"'RESPONSE
3. Is the requested sign,variance substantial? INSERT RESPONSE
4, Will the proposed sign variance have an adverse impact on,the physical or environmental conditions
in the neighborhood or district? INSEWl" RESPONSE
5. is(be alleged difficulty self-created? INS'ERT RESPONSE
6. In addition the Board finds that the benefit to the applicant from granting the requested variance
would o1uq)Lqigh/ would be outweighed by the resulting detriment to the health, safety and welfare of
i e-n-e—ighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary';
Based on the above findings I inake a MOTION TO APPROVE/DENY Sign Variance Z-SV-3-2017,
Fa4rac of Introduced by_,. who moved for its adoption, seconded,by
As per the resolution prepared by staff with the following
A, <insert conditions /cornments>' .,
B. The variance approval, is valid or one (1) year from the date of approval; you may request an
extension of approval before the one (1) year time frame expires;
C. If the property is located,within the Adirondack Park, the approved variance is subject to review by
the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the
APA's review is completed;
D. Final approved plans in compliance with an approved variance must be submitted to the Community
Development Department before any further review by the Zoning,Administrator or Building& codes
Personnel,
E. Subsequent issuance of further permits, including sign permits are dependent on receipt of these rinal
plans,
F. Upon approval of the application; review anil.approval of final plans by the Community Development
Department the applicant can apply for a sign perni,it unless the proposed project requires review,
approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George
Park Commissiori or other State agency or department.
Duly adopted this 1.7"' day of May 2017, by the following vote:
AYES:
NOES:
Page 2 of 2
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Appeal No.: 1-2017
Appellant: Frank & Isobel Munoff
Project Location: Halliday- SP2-2,017, SUP 1-2,017
Meeting Dote: May 17, 2017
Information re uested:
Appellant is appealing to the Zoning Board of Appeals as to whether a
duplex or multi-unit building constitutes more than, one principal building and
relative to the approvals issued by the Planning Board for the project.
JStoff comments:,,
First, Standing:
Was the appeal taken within the appropriate 60 day time frcme and is fhe
appealing party aggrieved?
The appeal was filed 'within the required timeframe.
0 The Zoning Administrator letter to the appellant was dated March 24,
2017'. The Notice of Appeal appl[cation/letter was, filed with the Town
on April 4, 2017.
a While the appellant has not offered any information regarding a d1rect
damage or harm to them that differs from that of the general publ[c,
or an explanation of how they are aggrieved they are a nearby
property owner.
Second, Merits of the argument if the appellant is found to have standing.,,
The appellant is appealing to the Zoning Board of Ap peals. as to whether a
duplex or multi-unit building constitutes more than one principal building and
relative to the approvals Issued by the Planning Board for the project.
The appellant asserts that a Boat Storage Facility is: required to be on parcels
no less, than two acres., This Is, correct, howeyer, the project at hand has not
been classified as cr Boat Storage facility, as such uses are not allowable, byr
definition, within the, Lake George Park. The use has been correctly identified
as a Commercial Boat Sales IS'ervicelStorage Factlit,' and the appropritate
Y
approvals have been applied for andgranted.
The appellant asserts that there is a duplex or mu f%-farrnily dwelling on the
property pan l' that such a structure constitutes, multiple principal buildings.
Wether the building is ca single family dwelling, duplex or 10 unit
apartment building, it Is considered one principal building. While other
zoning districts call for ca minimum amount of toad to be allotted for
density calculation purpposes, the Waterfront Residential, (WR) zone does
not. its such the argument that a rrauttt-famil''y dwelling requires 2 acres of
land per unit is not valid in the current WR zoning.
The appellant asserts that Halliday identified the dwelfing unit on the
property as a Single Family Dwelling and therefore was m aterI ally
misrepresented to the Town. The application to the Planning Board' clearly
indicates an existing two-family dwelling.
The appellant assorts that a "stay" should apply to any furtherance of the
development of the project pending the outcome of this appeal. The
appellants appeal to the Zonings Board of Appeals is considered a "third
peter" app e l and as su tr, the stuffy provisions, do not apply.
Subsequently, in a letter dated Mays ; , 2017 and presented to the Town on
May d, 2017 the appellont has attempted to odd/amend/clarify their
appeal by making several assertions that they are appealing the fact that
the Zoning Administrator has not acted. Omissions of the Zoning
Administrator are not appealable to the, Zoning Board of Appeals. Curare
cannot appeal something that has not yet been, done or decided.
Page 2 of
L:\Lcuri3 Moofe\Staff G` oIe5\ZBAN201 x"1.'05 17 2017\Staff Y oteS NOA 1-2011 munoff.do
Zoning hoar e l
Community ty l evelopment Department Staff Notes
General Information � ° 17
Tai: Parcel ICS: 240.5-1-32
Zoning District: Wterfront Residential idential INR FILI
Let
1
ie ;: .6r acres
Current Use: Existing two family residential home
Proposed Use: Exiating two family residential home withcommercial boat
sales/'service/storage facility.,
Proje ct Location 2.599 Ridge e Road Queensbu12804
Applicant Name Address,
Hamra Halliday,d,b;a, HallIdAY COPi181, ILS 2599 Ridge e Road ueensbu J '1200
Home Phone Cell:
Work Rhone Fax
1 B-200-1193
E-MaiL
haul Tje trnana er mall. r
Agents Name? w Corinna. Martino, PE Addr 's' :MarUi Iharry.enginaeringarodLandscapeAftt cWr@,CA,P,C.
PO Box 70,SoroWga SpOngs,W 1225
Home Phoma ell:
Work Phone i518-832-4005'32-4005 Fax
cmartino@marflnoandanthony.com
owner's Name: Address
Same as Applicant
Home Phone Cell
Work Phone Fax
E-mail
Site Plan.Review Revised OctQ aer 2016
Town ofQueensbuiry Planning Office.742 Bey Road r0ueensbury, MY "1:2104,518-761-822
2
Zoning Board of"Appeals —Record of'Resolution
Town of'Queensbury 742 Bay Road Queensbury,NY 1.2804 (518) 761-8238
Town of Qye w�arrly
DRAFT REsmurm
Notice of Appeal Resolution
RE SOLUTION TO: Appiove or Deny
Notice of Appeal: Z-NO A-1- 01
Appellant Name: Frank and Isobel Munoff
Tax.Map No. 240.5-1-32
Pi-operty Location. 2599 State Route 9L, Property Owner: Harold & Lyn Halliday
RESOLUTION' TO; Approve , Disapprove Appeal Z- OA-1-2017'. Appellant Frank and Isobell Munoff,
reg ardin g prop rty owned by Harold a n d Lyn Halliday at 2599 State Route 9L;Tax M ap No. 240.5-11- 2.
The 10,ning Board of Appeals of'theTown of Queensbury has received an Appeal application from Prank
and Isobell Muno�ff. Appellant Is appealing to the Zoning Board of Appeals as to whether a duplex or
rnuitt-unit building constitutes �more than one principal building and relative to the approvals ISSrued by the
Planning Board for the project.
A public hearing was advertised and held on Wednesday, May 17, 2017;
Upon review of the application materials, information supplied during the public hearing, and upon
cons[deraflon of the applicable criteria of the Queensbury Town Code, and Chapter 267 of the NYS Town
I aw and altar discussion and deliberation, we find as follows:
1. The Appeal was filed, was not filed Within the required 60-day timefrorne.
2. The A ppe alling Party is, is not as ggrieved an dwe re found to hay e, not have standing.
3. The merits of the argument as provided by the appellant with responses from the Zoning
Administrator have been considered. it is our finding that the positi'ans offered by the appellant
are, are not sufficient to warrant overturnIng the Zoning Administrator's decision at hand.
Based on the above findings I make a MOTION TO APPROVE / DENY Appea] Z-NOA-1-2D1 7 Appellant
Prank and Isobell Munoff' , infroduced by_, who moved for its adoption, seconded by
Duly adopted this 17th day of May, 2Q1,7, by the following vote:
AYES.
NOES,
'Town ofQueensbury Zoning Board of Appeals
Community Development Department Staff Notes
ArcR Variance No.. 35-2017
Project Applicant. James Beaty
Project Location- .168 Sunnyside Road
Parcel History: 5117"- 017 Prelim & SB 8-2017 Final
SEQR Type: Type 11
Meeting Date. May. 17,2.1117
Description"of Pry sed
Applicant proposes subdivision of land her existing golf course bW and 4-unit apartment complex are
Located into two Parcels. The apartment complex, Lot I will be 0.30 acres and the golfcourse, Lot 2 will. be
10.56 acres. Relief requested from minimum lot size/ density,building setbacks, and permeability requirements
of'the MDR zoning district. Planning Board. Subdivision review is required. for the creation of the new lots.
Relief Req a]red:
The applicant requests relief for 2 lot subdivision to reduce one parcel less than the allowed lot size, density,
building setbacks and permeability requirements of the MDR zoning district.
179-3-040 Establishment of Districts —dimensional requirement, MDR zone
'rile project proposes to create a non. conforming parcel of 0.30 ac where 2 ac: is required on lot 1. Density
requires 8 ac for a4unit comp],ex on lot 1. SetbacksJor lot I --side 17A ft west where 25 ft is required then
113 ft for garage where 25 R setback is required—Rear setback is proposed at 13.5 11 where 30 ft is required.
Lot I permeability is 26 % where 50% is required. Setbacks for Lot 2 side setback proposed at 83 ft where a 25
ft setback is required.
Criteria for considering an Area Variance according to Chaeter 267 of Town La,w:
In making a determination, the board shall consider-
I. Whether,an undesirable change will be produced in, the character of the neighborhood or a, detriment
to nearby properties will be created by the granting of this, area variance. Minor to no,impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some -method, feasible for the
applicant to pursue, other than an. area variance. Feasible alternatives may be limited due to location of
the existing buildings ori the parcel and the intent,to separate the apartment building,from the golf wurse.
3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to
the code. The relief for lot one includes 1.7 ac for let size,. 7.7 ac 'for lot density, side setback west T6 ft, east
garage 13.7 ft. Lot one permeability relief is 24 % Relief for Lot 2 setback side 163 ft.,
4. Whether the proposed variance will, have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to, no irnpact to the physical ot
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
8,01T comments:
The Applicant proposes subdivision of a 10.8 6 acre parcel into two lots— one 0.33 acre and one I O.5 3 acres.
The apartment building will be on the 0.33 acre parcel and the golf course and associated buildings to be o�n the
10.53 acre parcel,. There are no changes to the site or buildings on either proposed parcel.
Zoning Board, of Appeals
CommunIty Development Department Staff Notes
Zoning Board, of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
DRAITTRESOLUTION
Area Vr ariance Resolution To- Approve / Disapprove
Applicant Nae: James Beaty
File Number: Z-AV-35-2017
Location: '168 Sunnyside Road
Tax Map Number. 290,5-1-510
ZBA Meeting Date: Wednesday,. May, 17, 201 17
The Zoning Board of Appeals of the Town of Queensbury has received an application from James Beaty,
Applicant proposes subdivision of land where existing, golf course bar/ and, 4-unit apartment wmplex are
located into two parcels. The apartment complex, Lot '1 will be 0.30 acres and the golf course, I,ot 2 will be
10.56 acres. Relief requested from minimum lot size /Aensity, building setbacks, and permeability requirements
of the MDR zoning district., Planning Board: Subdivisionieview is required for the creation,of the new lots.
The applicant requests relief for 2 lot subdivision to reduce one parcel less than the allowed lot size, density,
building setbacks and, permeability requirements of the MDR zoning,district.
179-3-040 Establishment of DistrioAimensional requirement MDR, .one
The project proposes to create a non confo-rming parcel of 030 ac where 2 ac is required on lot 1. Density,
requires 8 ac for a 4 unit complex on,lot 1. Setbacks for lot I —side 17.4 ft west where 25 ft is required they,
11,3 ft for garage where 25 ft setback is required. Rear setback is proposed at 13.,5 11 where 30 It is required.
Lot I permeability is 26 %where 50% is required. Setbacks for Lot 2 side setback proposed at 8.7 ft where a 255
ft setback is required.
SEQ R Type 11.—no further review required;
A public hearing was advertised and held on Wednesday, May 17, 2017;
Uponreview of t1le application materials, inrfOrMatiOn' supplied during the public hearing, and, upon
consideration of the criteria.specified in Section 17 -1 4-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows.
1:111"R 'ITIV", DRAFT PTZ,()V1DF'I[), I'VY S'"I'AH.'
1. "I'here is is not anundesirable change in tl-,Le, character of the neighborhood nor a detriment to nearby
properties 'because
2. Feasible alternatives, are and have been considered by the Board, are reasonable and have been.
included to rninitni7x the request OR are not noris ible.
3. The requested variance is / is not substantial because
Page 1 of 2
4, The is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. is the alleged difficulty is/ is not self-created because
& In addition the Board finds that the benefit to the applicant from granting the requested, variance would,
outweigh (Uproval), / would be outweighed by (denial the resulting detriment to the healtb,, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the mininium necessary;
S. The Board also proposes the following conditions:
a)
b)
c) Adherence to the items outlined in the follow-up letter sent with this resolution,.
BASED ON :HEl E FINDINGS,I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO, Z-AV-35-2017, .lames Be , Introduced by_, who moved,for its, adoption, seconded by
Duty adopted this 17"" day of May 2017 by the following.vow
AYES:
NOES:
Page 2 of 2
Town of Que,ensbury Zoning Board of Appeals
Community Development Department Staff of
Area Variance No.: 30-2017
Project Applieant. Glenn Ptirlacher
Project Location: 1115 State Rola te 9
Parcel History: P- P-' Modification; SP PZ-265-2016
SE QR Type- TyPe H
Meeting Date. ,May 17,2017
Description of Proposed
Applicant proposes to relocate a 160 sq. ft. shed this includes a 40 sq. ft. porch r on the shed. Project is for an
outdoor tree art business where the shed would be closer than 75 fL to the front property line. Relief requested
for travel corridor overlay and front setback requirements. of the C1 zone. Planning Board; Site Plan
modificationfor relocation of shed and landscape lighting to shine on sculptures/displays.
Relief Req u,
The applicant requests relief from setbacks, in,the Clzone (Com, tnercial Intensive).
Section 179-3-040 establishment.of districts-dimensional requirements, (11 zon
Section, 179-4-030 travel corridor overlgy.-Route 9
The applicant proposes to locate 160 sq ft shed to 3'8.41'''t from the front property line where a 75 ft setback is
required.
Criteria for consid ering,an A rea Variance accordi ng,to Chff ter 267 of Town Law:
In making a determination, the board shall consider-
I. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood ,nay be anticipated.
2. Whether the benefitsought by the: applicant can, be achieved by some method, feasible for the
applicant to pursue, other than an area variance,. Feasible alternatives may be considered to locate the
shed at 75 ft .
3. Whether,the requested area variance is, substantial, The relief requested may be considered moderate
relevant to the code. Reliefis requested for front setback of 36.6 ft for the setback.,
4. Whether the proposed variance will have an adere effOct os-impact onthe physical or
environmental conditions in the neighborhood or district Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty wa,s self-created. The difficulty may be considered self-created
Staff corn ments'd
The applicant propenes to maintain an exterior wood carving business and relocate a 160 N.ft. shed,which includes a 40
g4. ft. porch on the shed. The project includes display areas and to add landscape lighting to shine on
sc,ulptares/displays. in addition the chain link fence along Route 9 is to be rernowd and mpla�d with a rope and wood
post fencing along with use of a portion of the barn arCar(11',2 ft x,7-ft) for storage,, The shed is used for storage of
materials, equipynent and is part of the display area. The sculpture display areas art;to include 2 flood lights per display
area. The signage will have darn nfight,
Zoning Board of Appeals —Record, of.Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
DTRESOLUTION
circa Variance Resolution To: Approve/Disapprove
Applicant Name: Glenn Durlocher
File Number: Z-AV-30-2017
Location- 1115 State Route 9 (Great Escape Theme Park. LP)
Tax Map Number: 29,5 12-1-4
ZRA Meeting Date; Wednesday, May 17, 2017
The.Zoning Board, of Appeals of the Town of Qu,eensbury has received an application from Glenn Durlocher.
Applicant proposes to relocate a 160 sq. ft. shed this includes a 40 sq. ft., porch on the shed. Project is for an
outdoor tree art biWness where the shed would be closer than 75 ft.,to the front property line. Relief requested
for travel, corridor averlay and front setbaokrequirements of the Clzone. Planning Board: Site Plan
niodification 'for relocation of shed and landscape lighting to shine on sculptures/displays.
The applicant requests relief from setbacks in the Cl zone (!Commercial Intensive).
Section 179-3-040 establishment of districts-dimerisional requirement$ C1 zQn
Section 179-4-030 travel, corridor overlay—Route 9
The applicant proposes to locate 1.60 sq ft shed to 38.4 ft:fiIn the fhmt property line where a 75 ft setback is
required.
SEER Type II —no further review required;
A public hearing was advertisedand held on Wednesday, May 17, 2017;
Upon review of the application materials, information supplied during the public hearing, and upon
considetation of the criteria specified, in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and, deliberation,we find as follows:
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2., Feasible alternatives are and have been considered by the: Board, are reasonable and have been
inchided to minitnize the reguesl OR,are, not possible.
3. The requested variance is /is not substantial because:
4. There is / is not an adverse impact on the physical or environmenuil. conditions in, the neighborhood or
district?
5. Is the alleged difficulty is / is not self-created because
Page I of 2
6. In. addition the Board finds that the benefit to the applicant from granting the requested variance 'would
outweigh proval) / would be gutweighed by (denial' the resulting detriment to, the health, safety and
welfare of the neighborhood or communily';
7. The Board also finds that the variance request under consideration.is the minimum necessary,
8. The Board also proposes the following conditions:
a)
b)
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE IFINDINGS, I MAKE A MOTION TO APPROVE S DERIANCE Z-
AV-3fib-2017, Glenn Durloch Introduced by.........._,who moved for its adoption, seconded by
Duty adopted this 17"'day of May 2017' by the following vote;
AYES:
NOES:
Pe 2 of' ,
Town, of' Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 36-2017
Project Applicant: Claris, Maekey
Project Locaflion, Wcst of#310,Conntli Road
Parcel History. n/a
SEQR Type- Type 11
Meeting Date. May 1"7,2017
Description of Proposed
Applicant proposes construction of 2,450 sq. ft. storage structure on a vacant 0.26 acre parcel off Exit 18, 1787.
Relief requested from minimum Travel Corridor Overlay, (TCO) district setback requirements and setbacks for,
the CLI zoning district.
Relief Required:I
The applicant requests,relieffrorn setback's in the CLI zone (Commercial Light Industrial) on Corinth Rd.
Section 179,-.3-040 establishment of districts-dimensional requirements Q zone:
Section l79-4-03 0 travel corridor overly y&orinth Rd
The applicant proposes an individual self storage building that will be 50 ft where a 75 ft setback is required.
Also requested is side setbacks where 20 ft is proposed on the East and West side of the property where a.30 ft
setback is required.
Criteria for considering an Area,Variamv,according to Chapter 267 of Toga Laa�rr;
In malcing a determination, the board shall consider.
1. Whether an undesirable change will be produced in the character ofthe neighborhood or a detriment
to nearby properties will be created by the ;ranting of this area,variance.. Minor to no impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method,feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due:to
the size of the parcel.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief is requested for 25 It for the /travel, corridor overlay. Side setback relief is 1,0 ft
for the East and,West side.
4. Whether the proposed variance will have ,an adverse effect or impact on the physical. or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environt,nental conditions in the neighborhood may be anticipated.
5. Whether,the alleged difficulty was self-created. The difficulty inay be considered self-created
The applicant proposes construction of a 2,450, sq. ft. storage building. The project includes a single drive aisle
around building with one access to Corinth Road. The site will be cleared to install storm.,%varter, drive aisle and
phantings.
Zoning Board of Appeals —Reeord of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 X 18 761-8238
DRAFT RESOLUTION
Area Variance Resolution To- Approve/Disapprove
Applicant Name: Chris Mackey
File Number: Z-AV-36-2017
Location; vacant parcel just west of 3 10 Corinth Road
Tax Map Number. 308,16-1-54
ZBA Meeting Date: Wednesday, May 17, 2017
The Zoning,Board of Appeals of the Town of Queensbury has received an.application frorn Chrikey.
Applicant proposes construction of 2,450 sq, ft, storage structure on a vacant 0.26 acre parcel off Exit 18, 1-87,
Relief requested from minimunirravel Corridor Overlay (TCO) district setback requirements and setbacks for
the CLI. zoning district.
The applicant requests relief ftorn setbacks in the CU one (Commercial Light Industrial) on Corinth Rd.
Section 179-3-040 establishment of districts-dirnensional requirements (J zone
Section 179-4-030 travel corr.ido.r 2ygrlay—Corinth Rd
The applicant proposes an individual self-storage building that will be 50 ft rhere a 75 ft setback is required.
Also reVested is side setbacks where 20 ft is proposed, an the:East and West side of tire,property where a 30 ft
setback.is required.
SEQR Type Il —no further review required;
A public hearing was,advertised and held on Wednesday, May 17, 2017;
Upon review of the application, inaterials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows'
PER. TIM,J),RAFTPROV[DED 13Y STAF!"
I. There is / is net an undesirable change in the character, of the neighborhood nor a, detriment to nearby
properties because
2. Feasible alternatives are and have been consideredby the Board, are reasonable and have been
included to minimize the reques t OR are no(possible,
3. The requested variance is,/ is not substantial because
4, There is / is not an adverse impact on the physical or environmental, conditions in the neighborhood or
district?
Page 1 of 2
5Is the alleged difficolty, is js not self-created because,
6. In addition the Board finds that the beriel�it to the: applicant from granting the requested variance would
outwei g[1-CappX,,ap ,?A
by (denial) the testiffing detriment to the health, safety and
welfare of the neighborhood or corninunity;
T The Boatd also finds that the vatiance request under consideration is theminimurn necessary;
& The Board also pr poses the following conditions:
a) ......
b)
c), Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS,I'MAKE A MOTION TO APPROVE / DENY AREA VARJANCE Z-
AV-36-2017, Chris,Macke , Introduced by _, who moved for its adoption, seconded by,
Duly adopted this 17"u' day of May 2017 by the Boll in vote:
AYES:
NOES-
Page 2 of 2