Staff Notes • Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 77-2008
Project Applicant: Northway Plaza Association, LLC
Project Location: 820 State Route 9
Meeting Date: March 18, 2009
Description of Proposed Project:
Applicant proposes the construction of an approximate 14,820 square foot Walgreens
Pharmacy, 4,642 square foot Chili's Restaurant, reconfiguration of the former Travelers space to
include increased parking, and associated site work.
Relief Required:
Relief required from the minimum permeability requirements per 179-4-030. The project,
according to the plan submitted, proposes the reduction of permeability from 22.40 percent
down to 20.0 percent. The minimum permeability for the Highway Commercial intensive zone is
30.0 percent. Note: The Planning Board, on February 17, 2009 issued a recommendation
concerning the decrease in permeability associated with this project (see previous handout).
The new proposal calls for 18 foot drive aisles. Per §179-4-040, each space shall be reached
• by an access driveway at least 24 feet clear in width. This may require an area variance from
the Zoning Board of Appeals. If this is the case, the ZBA may wish to seek a recommendation
from the Planning Board concerning the width of the drive aisles as proposed.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
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.
Moderate to severe impacts on nearby properties may be anticipated as a result of this
proposal as the average size of the buffer between the Pine View Cemetery and proposed
parking expansion will drop from approximately 45 feet to 20 feet on average (see attached
letter dated March 10, 2009 from the Pine View Cemetery Commission).
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. The applicant could build in a more
compliant location and/or reduce the size of the project.
3. Whether the requested area variance is substantial. According to staff calculations, the
request for 35,471 square feet or 1.02 percent of additional impermeable area may be
considered moderate relative to the ordinance. This parcel received permeability relief in the
past (A.V. 54-2002) and is now seeking additional relief.
• 4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Moderate impacts on the physical
and environmental conditions of the neighborhood may be anticipated as green space will be
reduced. However, the plan calls for a stormwater management plan that may potentially
manage stormwater to a greater extent.
5. Whether the alleged difficulty was self created. The difficulty maybe considered self
created as the proposal calls for the removal of green space, an increase in parking and an
increase in the overall building footprints on site.
Parcel History (construction/site plan/variance, etc.):
A.V. 54-2002 Home Depot Permeability 6/26/2002
S.V.59-2002 Home Depot signs 7/24/2002
S.V. 83-2003 Empire Vision sign 10/22/03
S.V. 61-2004 Panera sign 8/25/04
S.P. Mod, Home Depot 2004
S.V. 95-2004 sign 12/15/04
Staff comments:
Note: New comments in bold.
Staff calculations do not include the Home Depot parcel, nor will staff include said parcel in their
calculations as this has lend itself to confusion. The Home Depot parcel is not owned by
Northway Plaza Association, LLC.
The calculations submitted on February 4, 2009 appear too accurately state the existing and
proposed changes to permeability.
On February 18, 2009 the Zoning Board of Appeals tabled this application (see attached
resolution). The applicant has submitted a new plan concerning the buffer area and the
parking associated with the decrease in permeability. The new plan appears to lessen the
encroachment on the buffer by an average of 20 feet as compared to the original proposal.
The Cemetery Commission and the applicant's agent met on March 4, 2009 to discuss a
potential compromise. The two parties could not reach an agreement and as a result, the
applicant has submitted the same material that what was before the Cemetery Commission
for Zoning Board consideration.
Review:
• Permeability calculations on revised plans appear erroneous. Please correct to reflect
calculations submitted on February 4, 2009.
• Has the amount of permeability requested changed due to the new proposal? Please
clarify and correct if necessary.
SEAR Status:
Unlisted-The Zoning Board of Appeals must make a SEQR Determination concerning this
application.
L:\Keith Oborne\2009 Staff Notes\Zoning\March 18\NPA Feb.Permeability A.V..doc