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Approval Resolution Zoning Board of Appeals - Record of Resolution FILE COPY Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 FOLLOW - UP RESOLUTION March 19, 2009 TO: NPA II, LLC (Northway Plaza) PROJECT FOR: NPA II, LLC (Northway Plaza) 217 Montgomery St., Suite 7 820 State Route 9 Syracuse, NY 13202-1937 Your application, after review and consideration by the Zoning Board of Appeals, was: _X- Approved. 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 has expired. See section 179-14-090 A copy of the resolution is attached. Additional requirements and review for this project shall include: Zoninq Office -X- See approval conditions in resolution. -X- Submit three (3) copies of the approved plan depicting all changes and conditions of the approval as adopted by the Zoning Board of Appeals. Please bring the plans to the Zoning Office for the Zoning Administrator's signature. These plans will need to be reviewed and approved prior to issuance of a building permit. _X_ Please contact Bruce Frank, Code Compliance Officer at 761-8226 within 30 days of the ZBA approval date for a site inspection before any work is started. _X_ Area Variance required for proposed site configuration for 18 foot wide drive aisles in the parking lot area on the east side of the plaza. This variance will be necessary prior to the Planning Board completing their review of your current Site Plan Review application. See letter dated March 19, 2009 from C. Brown, Zoning Administrator. Page 1 of 2 .-e 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 • Continued Follow-Up Resolution Letter ZBA Meeting Date: Wednesday, March 18, 2009 Area Variance No. 77-2008, NPA II, LLC (Norfhway Plaza) Plannina Office _X_ Applicant to appear before the Planning Board for Site Plan Review on Tuesday, March 24, 2009. Building Department _X_ Application for a Building Permit Application for a Certificate of Occupancy Application for necessary Sign permits, if applicable No further discretionary review is necessary at this time • 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. Sin er ly, Craig Brown Zoning Administrator CB/sh Encl. cc: J. Lapper, Esq. BPSR 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.) • TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 March 19, 2009 Jonathan Lapper, Esq. Bartlett, Pontiff,Stewart & Rhodes, P.C. P.O. Box 2168 One Washington Street Glens Falls, NY 12801 Re: Tax Map No. 296.18-1-47 Northway Plaza - Parking lot drive aisles Dear Mr. Lapper: I am writing to you relative to the above referenced property in order to document our recent discussions regarding the some matters. As discussed, your proposal will require an additional Area Variance due to the proposed site configuration calling for 18 foot wide drive aisles in the parking lot area • on the east side of the plaza. This variance will be necessary prior to the Planning Board completing their review of your current Site Plan Review application. As discussed, we are planning on keeping your Site Plan Review application on our upcoming March 24, 2009 Planning Board meeting so that further discussion of your proposal might be accomplished. However, as noted, the Planning Board will not be able to complete their site plan review prior to the issuance of the drive aisle variance. Should you have any questions or comments please do not hesitate to contact this office. Sincerely, To o ueensbury Craig Brown Zoning Administrator CB/sh L:\Craig&own\2009 Letters\Denial NPA 3_19_09.doc Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 James Underwood, Chairman Roy Urrico, Secretary TO: NPA II, LLC (Northway Plaza) PROJECT FOR: NPA II, LLC (Northway Plaza) 217 Montgomery St., Suite 7 820 State Route 9 Syracuse, NY 13202-1937 The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Area Variance No. 77-2008 NPA ll, LLC (Northway Plaza) Meeting Date: Wednesday, March, 18, 2009 Approved X MOTION THAT BASED UPON THE SHORT FORM, WE FIND THAT WE WOULD MAKE A NEGATIVE DECLARATION IN REGARDS TO THIS PROJECT, AREA VARIANCE NO. 77-2008 NPA II I.I.C. I THINK IN ESSENCE, IF WE'RE GOING TO GO THROUGH WHAT'S BEING PROPOSED HERE THE STORMWATER INFILTRATION STRUCTURES AS PROPOSED ON SITE, AND THE 33,939 EXTRA SQUARE FEET OF IMPERMEABILITY THAT WILL BE ADDED BY THE CHANGES IN THE PROJECT THAT OUR BOARD FEELS THAT WE CAN MAKE A NEGATIVE DECLARATION AS FAR AS SEQRA GOES IN REGARDS TO THE PROJECT. THE MITIGATING FACTORS ARE ALSO THAT IN REGARDS TO THE PARKING THAT WAS GOING TO BE PROPOSED HERE IN THE BACK PART OF THE SITE HERE THAT WE'RE GOING TO HAVE A NATURAL FENCE PUT UP AND WE'RE ALSO GOING TO HAVE APPROXIMATELY 20 FEET OF PLANTINGS DONE BETWEEN THE CEMETERY AND WE FEEL THAT THAT LOWER UNDERSTORY WHICH PRESENTLY DOES NOT EXIST, WILL BE GREATLY IMPROVED FROM THE SITUATION AS IS ON SITE AT THE PRESENT TIME, AND OVER TIME IT SHOULD GIVE THE CEMETERY EVEN GREATER PROTECTION I THINK WE'VE GOT TO KEEP IN MIND HERE, TOO, THAT AS PRESENTLY NOW THERE'S NO FENCE THERE WITH THE PREVAILING WESTERLY WINDS YOU GET A LOT OF STUFF PROBABLY BLOWING ONTO THE CEMETERY, AND THAT'S GOING TO MITIGATE THAT ALSO SO THE CEMETERY SHOULD BECOME MORE SACROSANCT THAN WHAT IT IS AT THE PRESENT TIME., Introduced by James Underwood who moved for its adoption, seconded by George Drellos: Duly adopted this 18'h day of March, 2009, by the following vote: AYES: Mr. Drellos, Mrs. Jenkin, Mr. Urrico, Mrs. Hunt, Mr. Garrand, Mr. Clements, Mr. Underwood NOES: NONE MOTION TO APPROVE AREA VARIANCE NO. 77-2008 NPA II LLC, Introduced by James Underwood who moved for its adoption, seconded by Joan Jenkin: 820 State Route 9. The applicant is proposing construction of an approximate 14,820 square foot Walgreens Pharmacy and a 4,642 square foot Chili's Restaurant, as well as reconfiguration 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 • Continued resolution ZBA Meeting Date: Wednesday, March 18, 2009 Area Variance No. 77-2008, NPA, II LLC by Debra Schiebel of the former Traveler's space to include increased parking and associated site work. Under the relief required from the minimum permeability requirements, and that's in Section 179-4-030, the project, according to the plans submitted, proposes the reduction of permeability from 22.40% down to 20%. The minimum permeability for the Highway Commercial Intensive Zone is 30%, and the Planning Board, we can recognize that the Planning Board issued a recommendation to us concerning the decrease in permeability associated with this project, and they basically signed off on that permeability issue. In granting this relief, we're going to be creating approximately 33,939 more square feet of impermeability within the site of the whole Plaza there. We're going to recognize that in working out the parking in the back part of the Plaza there that the new proposal calls for 18 foot drive aisles and that at some point in the future you're going to have to come back for relief in regards to that, but at the present time, having given a Negative Declaration under SEQRA, the Board does not feel that any real undesirable changes will be produced in the character of the neighborhood. The impacts are moderate in the changes, because we are going to be increasing parking there, but, because we've shrunk the size of the buffer between Pineview Cemetery down from 45 feet to about 20 feet on • average, but at the same time we're mitigating that with a wooden fence to be constructed towards the parking side as well as 20 feet of plantings that will increase the understory between there and the cemetery. Whether the benefit sought by the applicant could be achieved by some other means feasible. Some other plans have been put forward, and I think that we all recognize that we could have, we tried to work out the parking up in.the other part of the Plaza there, but that did not seem that that was going to work out, due to the distance from Per Se in the back, and that's in regards to the parking that we just spoke of. Whether the Area Variance is substantial. According to Staff calculations, the request for this additional 33,939 square feet is approximately one percent, plus or minus. We're pretty close to one percent. We can call it that, of additional impermeable area could be considered moderate to the Ordinance, based upon the 30% that we're supposed to have on site, but I think that we recognize that the effect of the infiltrators on the stormwater pollution protection plan is going to be a positive. Whether the variance would have an adverse effect on the physical or environmental conditions. The Board does not feel that the impacts will be negative. In fact, they feel that they will be positive based upon the planting plan as agreed to in the back part 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 • Continued resolution ZBA Meeting Date: Wednesday, March 18, 2009 Area Variance No. 77-2008, NPA, II LLC by Debra Schiebel of the Plaza, and whether the alleged difficulty is self-created, it could be considered self- created, but in addition, we recognize also that the mall is in sort of dire circumstances and this is going to help their bottom line and perhaps revive things and get things rolling again back the other direction, and we recognize that you are going to go in for Site Plan Review with the Planning Board going forward. Duly adopted this 181h day of March, 2009, by the following vote: AYES: Mrs. Jenkin, Mr. Urrico, Mr. Drellos, Mrs. Hunt, Mr. Garrand, Mr. Clements, Mr. Underwood NOES: NONE Sincerely, • James Underwood, Chairman Queensbury Zoning Board of Appeals JU/sh cc: J. Lapper, Esq. BPSR 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 has expired. See section 179-14-090 Final, approved plans in compliance with this variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & Codes personnel. Subsequent issuance of further permits, including building permits are dependent on receipt. Page 3 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.)