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1 Main Street 2014 Final Approved Plans Please keep the approved plans on-site PB & ZBA Approved Plan Site Plan 3-2014; Area Variance 5-2014 Applicant: 1 Main Street ueensbur Q Y, LLC Plans reviewed/approved by Craig Brown, Zoning Administrator on a-)if- JJ} and copies distributed as follows: Applicant, File, Building Permit via Sue Hemingway, B. Frank, Code Compliance Officer Applicant(s) 1 MAIN STREET QUEENSBURY, Application Type Site Plan 3-2014 LLC Owners Same as applicant i SEAR Type I II Agent(s) Bartlett Pontiff Stewart& Lot size 0.33 acres Rhodes Location 1 Main Street I Zoning Classification MS-Main Street Tax ID No. 309.11-2-17 Ordinance Reference 179-3-040 Cross Reference AV 5-14 Warren Co. Referral January 2014 Public Hearing 1/28/2014 l ` - I Project Description: Applicant proposes to renovate an existing 768 sq. ft.single family dwelling for specific uses—Food Service,Gallery, Health Related facility, Office-small, Personal Service. Renovation includes 41 sq. ft. porch entry for total 78 sq. ft. porch; 784 sq. ft. new hard surface for total of 3,140 sq.ft. of hard surface to include access onto Western Avenue with five(5)parking spaces. Site Plan: Specified uses in the MS zone requires Planning Board review and approval. Applicant(s) 1 Main Street Queensbury, LLC Area Variance No 5-2014 Owner(s) 1 Main Street Queensbury, LLC SEQRA Type Unlisted Agent(s) Jonathan C. Lapper, Esq. BPSR Lot Size 0.33 Acre(s) Location 1 Main Street Zoning MS Tax Id No 309.11-2-17 Section 179-3-040 Cross Ref SP 3-2014;Year 2009 Discussion Item Warren County Planning January 2014 Public Hearing January 22,2014 Adirondack Park Agency n/a Project Description: Applicant proposes redevelopment of a 792 sq.ft.+1-single story residence with new 41 sq.ft. porch for entryway and 784 sq. ft. new hardsurfacing for parking. Project activities area for allowable uses with Main Street (MS) zoning district that is limited to 5 parking sapces proposed. Relief requested from the minimum setback requirements and from the two story building requirement of the MS district. Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Steven Jackoski, Chairman Roy Urrico, Secretary TO: 1 Main Street Queensbury, LLC PROJECT FOR: 1 Main Street Queensbury, LLC 1 Main Street 1 Main Street Queensbury, NY 12804 ZBA Meeting Date: Wed., January 22, 2014 _X_SEQRA UNLISTED ACTION - NEGATIVE DECLARATION APPLICATION Area Variance No. 5-2014, 1 Main Street Queensbury, LLC, for the project at 1 Main Street Introduced by Richard Garrand who moved for its adoption, seconded by Michael McCabe: Upon review of the information recorded on this EAF, as noted, it is the conclusion of the Town of Queensbury Zoning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental statement need not be prepared. Accordingly, this negative declaration is issued. AYES: Mr. Urrico, Mr. Henkel, Mr. Noonan, Mr. Kuhl, Mr. Garrand, Mr. McCabe, Mr. Jackoski NOES: None RESOLUTION TO: Approve Area Variance No. 5-2014, 1 Main Street Queensbury, LLC , Tax Map No. 309.11-2-17; The Zoning Board of Appeals of the Town of Queensbury has received an application from 1 Main Street Queensbury, LLC for a variance from Section(s): 179-3-040 of the Zoning Code of The Town of Queensbury; SEQR Type II - no further review required; A public hearing was advertised and held on Wednesday, January 22, 2014; 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: Page 1 of 3 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ZBA Decision Resolution (continued) ZBA Meeting Date: Wednesday, January 22, 2014 Area Variance Application No. 5-2014, 1 Main Street Queensbury, LLC The applicant proposes redevelopment of a 792 sq. ft. +/- single story residence with new 41 sq. ft. porch for entryway and 784 sq. ft. new hardsurfacing to the existing parking lot to the rear of the building. Project activities are for allowable uses within the Main Street (MS) zoning district which is limited to 5 parking sapces - proposed. Relief required for the front of the building is built to 20 ft.; proposed is 24 ft.; the relief requested is 4 ft. In the rear, the required is 20 ft.; proposed is 3.2 ft.; the relief requested is 16.8 ft. The second story-there is a requirement of two-stories; proposed is one; relief requested is a single-story. 1 . Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested area variance? There will be no undesirable change produced to the character of the neighborhood or detriment to nearby properties. 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an area variance? There is no other method feasible for this applicant to pursue. 3. Is the requested area variance substantial? It's moderate. 4. Will the proposed area variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? We think that's minor. 5. Is the alleged difficulty self-created? It is but we still think the project is worthy, therefore recommend that we approve this variance. Based on the above findings I make a MOTION TO APPROVE Area Variance No. 5-2014, 1 Main Street Queensbury, LLC Introduced by Michael McCabe, who moved for its adoption, seconded by Kyle Noonon: As per the resolution prepared by staff with the following: A. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; Page 2 of 3 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ZBA Decision Resolution (continued) ZBA Meeting Date: Wednesday, January 22, 2014 Area Variance Application No. 5-2014, 1 Main Street Queensbury, LLC B. 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; C. Subsequent issuance of further permits, including building permits are dependent on receipt of these final plans; D. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a building permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or The Adirondack Park Agency, Lake George Park Commission or other State agency or department. Duly adopted this 22nd day of January 2014, by the following vote: AYES: Mr. Urric:o, Mr. Henkel, Mr. Garrand, Mr. Kuhl, Mr. Noonan, Mr. McCabe, Mr. Jackoski NOES: None Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh cc: Jonathan C. Lapper, Esq. 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BARON & BERKSHIRE — QUEENSBURY, LLC DATED: MARCH 26, 1996 LAST REVISED: MAY 2, 1996 BY: VAN DUSEN & STEVES MAP OF A SURVEY MADE FOR BERKSHIRE— QUEENSBURY LLC DATED: APRIL 22, 1997 LAST REVISED: JULY 11, 1997 BY: VAN DUSEN & STEVES �0 SIRS ev eu:c. eox V7 O TCLE. PPA. { . i%tl � O .� 06..1ci D us e..j.� St,eves Land Surveyors 169 Haviland Road Queensbury, New York 12804 '518) 792 -8474 New York Lie. No. 50135 WOOD BUILDING WA- SIGNAL LEGEND: OIRS = IRON ROD SET /TO BE SET X02 = UTILTIY POLE ® = TRAFFIC SIGNAL POLE Tse Im = TRAFFIC SIGNAL BOX 0801 = CATCH BASIN G= SANITARY MANHOLE (D = TELECOMMUNICATIONS MANHOLE * = LIGHT POLE WV N= WATER VALVE = FIRE HYDRANT q�f = WATER SHUTOFF A'59tiP1.'( pplwllG CRUSHED STONE PARKING .MME i •UWLMO = &MOA W A tp TO A sU YAP BFAW10 A UCf = U � s iS A NIXAINW W Ks 7201. sLB� SI 7. 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NO. 90226 -17 C2059 b c 97 MAP REFERENCES: MAP OF A PROPOSED SUBDIVISION MADE FOR KEITH CAVAYERO, ELYSA H. BARON & BERKSHIRE - QUEENSBURY, LLC DATED: MARCH 26, 1996 LAST REVISED: MAY 2, 1996 BY: VAN DUSEN & STEVES MAP OF A SURVEY MADE FOR BERKSHIRE- QUEENSBUR Y LLC DATED: APRIL 22, 1997 LAST REVISED: JULY 11, 1997 BY: VAN DUSEN & STEVES m � �> 2 covc PD ftOOP IRS rLr __ -_ 0 vim-• T[2 KD. ,a _. 96 R.: LEGEND: OIRS = IRON ROD SET /TO BE SET �s J _. 96 R.: LEGEND: OIRS = IRON ROD SET /TO BE SET ro� = UTILTIY POLE ® = TRAFFIC SIGNAL POLE TS9 ® = TRAFFIC SIGNAL BOX CB ❑ = CATCH BASIN OS = SANITARY MANHOLE (D= TELECOMMUNICATIONS MANHOLE * = LIGHT POLE WV = WATER VALVE = FIRE HYDRANT 4& = WATER SHUTOFF ASi' A`( PARKING N06 °52 27'W s� WOOD FRAME • PBUILDING Bkco,. D =',G 4 ��L�.,�• PAiWNG WAL� 1 _. 259.46 / TRAFFIC s1GNAL eox. n.' (AL S-teves Land Surveyors 169 Haviland Road Queensbury, New York 12804 ;518) 792 -8474 New York Lic. 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NO. 90226 -17 C2059 C I N I Cn r7 Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Date: January 29, 2014 Re: I Main Street Queensbury, LLC Your application, after review and consideration by the Planning Board, was APPROVED (resolution attached). The approval is valid for one (1) year from the date of approval. You may request an extension of approval before the one (1) year time frame has expired (see section 179 -14 -090). Before any further review takes place the following items need to be addressed. 1. Approved Plans Submit four (4) copies of the final approved plans to the Planning Office with the resolution copied on the final plans in its entirety; include a signature block for the Zoning Administrator's approval stamp. One (1) copy of the plans will be returned to you to be posted on site. 2. Before any work is started Once the approved plans have been submitted to the Planning Office please contact Bruce Frank, Code Compliance Officer at 761 -8226 for site inspection before any work is started. Mr. Frank will inspect the project at various stages to ensure the project has been built as approved. This office will be performing necessary inspections related to Site issues, not Building Code issues, throughout the duration of the project. Completion of and continued compliance with all details and conditions of approval are required in order to receive and maintain approvals. Please contact the Building & Codes office at 518- 761 -8256 for their requirements regarding submission of a building permit. Sincerer Craig Brown, Zoning Administrator C B /pw Cc: Bartlett Pontiff Stewart & Rhodes Phone: 518 -761 -82201 Fax: 518- 745 -4437 1742 Bay Road, Queensbury, NY 128041 www.queensbury.net CONTINUED PLANNING BOARD RESOLUTION 1.28.2014 SITE PLAN 3 -2014 1 MAIN STREET, QUEENSBURY LLC Tax Map ID 309.11 -2 -17 / Property Address: 1 Main Street, Queensbury 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. 7) With the following conditions: 7a. Any changes to the plans / site design such as parking or building alterations need Site Plan Review•, 7b. Any uses not specified in the application need Site Plan Review; 7c. Exterior lighting to be Code Compliant; 7d. Colors to be earth tones. Duly adopted this 28th day of January 2014 by the following vote: AYES: Mr. Shonewolf, Mr. Deeb, Mr. Traver, Mr. Ferrone, Mr. Magowan, Mr. Ford, Mr. Hunsinger NOES: None Cc: Bartlett Pontiff Stewart & Rhodes Page 2 of 2 TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY. 12804 -5902 Town of Queensbury Planning Board RESOLUTION TO APRROVE -! SITE PLAN 3 -2014 1 MAIN STREET, QUEENSBURY LLC Tax Map ID 309.11 -2 -17 / Property Address: 1 Main Street, Queensbury A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes to renovate an existing 768 sq. ft, single family dwelling for specific uses —Food Service, Gallery, Health Related facility, Office- small, Personal Service. Renovation includes 41 sq. ft. porch entry for total 78 sq. ft. porch; 784 sq. ft. new hard surface for total of 3,140 sq. ft. of hard surface to include access onto Western Avenue with five (5) parking spaces. Site Plan: Specified uses in the MS zone requires Planning Board review and approval. SEQR Type II — no further review required; The PB has provided a recommendation to the ZBA on 1- 21 -14; the ZBA approved the variance requests on 1- 22 -14; A public hearing was advertised and held on 1/28/2014; This application is supported with all documentation, public comment, and application material in the file of record; rUEENSBURY LLC, Introduced by Mr. Magowan who moved for its adoption, seconded by Mr. Ford: 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 grante d: design guidelines, lighting, utility plan, stormwater mgmt., topography, landscaping & soil info. 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. Page I of 2 I Zoning Board of Appeals - Record of Resolution Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761 -8238 Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761 -8238 Continued Follow -Up Resolution Letter FOLLOW - UP RESOLUTION ZBA Meeting Date: Wed., January 22, 2014 January 23, 2014 Area Variance No. 5 -2014, 1 Main Street Queensbury, LLC TO: I Main Street Queensbury, LLC PROJECT FOR: 1 Main Street Queensbury, LLC 1 Main Street I Main Street 1 Main Street TO: 1 Main Street Queensbury, LLC PROJECT FOR: 1 Main Street Queensbury, LLC The applicant proposes redevelopment of a 792 sq. ff. +/- single story residence with new 41 sq. 1 Main Street 1 Main Street ff. porch for entryway and 784 sq. ff. new hardsurfacing to the existing parking lot to the rear of Queensbury, NY 12804 ZBA Meeting Date: Wed., January 22, 2014 Building Department Area Variance No. 5.2014 X_ Application for a Building Permit Your application, after review and consideration by the Zoning Board of Appeals, was: Application for a Certificate of Occupancy APPLICATION Area Variance No. 5.2014, 1 Main Street Queensbury. LLC, for the project at I Application for necessary Sign permits, if applicable _X_ Approved. _ No further discretionary review is necessary at this time McCabe: The variance approval is valid for one (1) year from the date of approval. I . Will an undesirable change be produced in the character of the neighborhood or will a You may request an extension of approval before the one (1) year time frame has expired. See This office will be performing necessary inspections related to Site issues, not Building Code section 179- 14-090 issues, throughout the duration of the project. Completion of and continued compliance with prepared. Accordingly, this negative declaration is issued. all details and conditions of approval are required in order to receive and maintain approvals. I. A copy of the resolution is attached. Additional requirements and review for this project shall include: Sincere , Zoning Office applicant to pursue, other than an area variance? There is no other method feasible for See approval conditions in resolution. Craig Brown _X_ Zoning Administrator ' _X_ Submit four (4) copies of the approved plan depicting all changes and conditions 3. Is the requested area variance substantial? It's moderate. of the approval as adopted by the Zoning Board of Appeals. Please bring the CB /sh'., plans to the Zoning Office for the Zoning Administrator's signature. These plans will environmental conditions in the neighborhood or district? We think that's minor. '�,, need to be reviewed and approved prior to issuance of a building permit. Encl. The Town of Queensbury; 5. Is the alleged difficulty self- created? It Is but we still think the project is worthy, therefore I Please contact Bruce Frank, Code Compliance Officer at 761 -8226 within 30 days cc: Jonathan C. Lapper, Esq. BPSR _X_ of the ZBA approval date for a pre - construction meeting before any work is - started. Page 2 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Plannina Office _X_ Site Plan Review Application and review required by the Planning Board. Applicant to appear before the Planning Board on Tuesday, January 28, 2014. Page 1 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Zoning Board of Appeals - Record of Resolution Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761 -8238 Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761 -8238 ZBA Decision Resolution (continued) Steven Jackoski, Chairman Roy thrice, Secretary ZBA Meeting Date: Wednesday, January 22, 2014 Area Variance Application No. 5 -2014, 1 Main Street Queengbury, LLC TO: I Main Street Queensbury, LLC PROJECT FOR: 1 Main Street Queensbury, LLC I Main Street 1 Main Street Queensbury, NY 12804 ZBA Meeting Date: Wed., January 22, 2014 The applicant proposes redevelopment of a 792 sq. ff. +/- single story residence with new 41 sq. ff. porch for entryway and 784 sq. ff. new hardsurfacing to the existing parking lot to the rear of the building. Project activities are for allowable uses within the Main Street (MS) zoning district _X_ SEQRA UNLISTED ACTION - NEGATIVE DECLARATION which is limited to 5 parking sapces - proposed. Relief required for the front of the building is built to 20 ff.; proposed is 24 ff.; the relief requested is 4 ff. In the rear, the required is 20 ff.; APPLICATION Area Variance No. 5.2014, 1 Main Street Queensbury. LLC, for the project at I proposed is 3.2 ff.; the relief requested is 16.8 ff. The second story -there is a requirement of Main Street Introduced by Richard Garrand who moved for its adoption, seconded by Michael two - stories; proposed is one; relief requested is a single -story. McCabe: Upon review of the information recorded on this EAF, as noted, it is the conclusion of the Town I . Will an undesirable change be produced in the character of the neighborhood or will a of Queensbury Zoning Board as lead agency that this project will result in no significant adverse detriment to the nearby properties be created by the granting of the requested area impacts on the environment, and, therefore, an environmental statement need not be variance? There will be no undesirable change produced to the character of the prepared. Accordingly, this negative declaration is issued. neighborhood or detriment to nearby properties. AYES: Mr. Urrico, Mr. Henkel, Mr. Noonan, Mr. Kuhl, Mr. Garrand, Mr. McCabe, Mr. Jackoski 2. Can the benefit sought by the applicant be achieved by some method, feasible for the __ NOES: None applicant to pursue, other than an area variance? There is no other method feasible for this applicant to pursue. RESOLUTION TO: Approve Area Variance No. 5 -2014, 1 Main Street Queensbury, LLC, Tax Map 3. Is the requested area variance substantial? It's moderate. No. 309.11- 2 -17;. 4. Will the proposed area variance have an adverse impact on the physical or The Zoning Board of Appeals of the Town of Queensbury has received an application from environmental conditions in the neighborhood or district? We think that's minor. 1 Main Street Queensbury, LLC for a variance from Section(s): 179 -3 -040 of the Zoning Code of The Town of Queensbury; 5. Is the alleged difficulty self- created? It Is but we still think the project is worthy, therefore I recommend that we approve this variance. SEAR. Type II - no further review required; A public hearing was advertised and held on Wednesday, January 22,2014; Based on the above findings I make a MOTION TO APPROVE Area Variance No. 5 -2014, 1 Main Street Queensbury, LLC Introduced by Michael McCabe, who moved for its adoption, Upon review of the application materials, information supplied during the public hearing, and seconded by Kyle Noonan: 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 As per the resolution prepared by staff with the following: follows: A. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; Page 2 of 3 Page 1 of 3 Approval of the application means that the applicant can now apply for a Building Permit unless Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) by the Queensbury Planning Board.) Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761 -8238 ZBA Decision Resolution (continued) ZBA Meeting Date: Wednesday, January 22, 2014 Area Variance Application No. 5- 2014,1 Main Street Queensbury, LLC B. 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; C. Subsequent issuance of further permits, . including building permits are dependent on receipt of these final plans; D. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a building permit unless the proposed project requires review, approval, or permit from the Town Planning Board and /or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Duly adopted this 22nd day of January 2014, by the following vote: AYES: Mr. Urrico, Mr. Henkel, Mr. Garrand, Mr. Kuhl, Mr. Noonan, Mr. McCabe, Mr. Jackoski NOES: None Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ /sh cc: Jonathan C. Lapper, Esq. BPSR Page 3 of 3 Approval of the application means that the applicant can now apply for a Building Permit unless your landvare Adirondack Park Jurisdictional of other approvals are necessary (such as review by the Queensbury Planning Board.)