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Staff NotesStaff Notes g •1 December 14,2022 Administrative Items: Approval of Meeting Minutes for November 16, 2022 and November 3 0, 2 022 AV 49-2022 (Faden Enterprises) request to be Tabled to January 18, 2023 Tabled Items: AV 63-2022 3 Sons and Holly LLC (Michael Carey Jr.) New Business: AV 54-2022 Paul Nasrani AV 64-2022 Adirondack Retirement Specialists SV 7-2022 Immunotek Bio Centers Queensbury Zoning Board of Appeals Agenda Meeting: December 14, 2022 Time: 7:00- 1 1:00 pm Queensbury Activities Center— 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Administrative Items: Approval of Meeting Minutes for November 16, 2022 & November 30, 2022 AV 49-2022 (Fades Enterprises) Request to be Tabled to January 18, 2023 TABLED ITEMS: Applicant(s) 3 Sons and Holly, LLC (Michael Carey Area Variance Number AV 63-2022 Jr. Owner(s) 3 Sons and Holly, LLC SEQRA Type Type II Agent(s) Studio A Landscape, Arch. & Eng.; Jon Lot Size 0.38 acres Lapper, Esq. Location & Ward 28 Holly Lane Ward 1 Zoning WR Tax Id No 239.12-2-57 Section 179-3-040; 179-6-065; 179-4-080; 147 Cross Ref SP 76-2022 Warren County Planning November 2022 Public Hearing November 16, 2022; December 14, 2022 Adirondack Park Agency ALD Proiect Description: (Revised) Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition to the existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to construct a new 72 sq. ft. porch and a 200 sq. ft. porch. The new floor area is 3,225 sq. ft. Site work includes installation of an on -grade paver patio area, stone slab path, enlarging the fire pit area, and reduction of hard surfacing also proposed. In addition, there is to be a rain garden and shoreline plantings added to the site. There are no changes to the existing 1,152 sq. ft. floor area garage with living space. Site plan for new floor area in a CEA, expansion of nonconforming structure, and hard -surfacing within 50 ft. of the shoreline. Relief is requested for permeability, expansion of a nonconforming structure, and setbacks. NEW BUSINESS: Applicant(s) Paul Nasrani Area Variance Number AV 54-2022 Owner(s) Paul Nasrani SEQRA Type Type II Agent(s) Jarrett Engineers, PLLC Lot Size 6.48 acres Location & Ward 790 Bay Road Ward 1 Zoning MDR Tax Id No 289.15-1-47 Section 183; 179-3-040; Chapter 94 Cross Ref FWW 17-2022; SUB 12-2022; SUB 14- 2021 Warren County Planning December 2022 Public Hearing December 14, 2022 Adirondack Park Agency n/a Project Description: Applicant proposes a 3-lot subdivision: Lot 1 at 2 acres with house; Lot 2 at 2.05 acres; and Lot 3 at 2.23 acres. Two new houses are to be constructed on the remaining lots with shared driveway (Lots 2 & 3). On site septic and connection to existing municipal water. Site plan for subdivision and freshwater wetlands for work within 100 ft. Relief is requested for lot frontages. Applicant(s) Adirondack Retirement Specialists Area Variance Number AV 64-2022 Owner(s) ARS RE Holdings Inc. SEQRA Type Type II Agent(s) Rucinski Hall Architecture Lot Size 1.08 ac 16 Location & Ward 310 Bay Rd. Ward 2 Zoning Cl Tax Id No 302.8-1-16 & 302.8-1-17 Section 179-3-040 Cross Ref SP 77-2022; SV 11-2002; AV 136-1992; SP 62-99; SP 57-92 Warren County Planning December 2022 Public Hearing December 14, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes to complete access renovations and other alterations to an existing 2-story building. The plans indicate there are two south side entry porches to be renovated, a new entryway to be created on the north side, and a renovation of the first story on the west side. The building will maintain a 3,215 sq. ft. footprint. The existing porch areas of 249 sq. ft. will be improved with 360 sq. ft. total of new porch areas. Site plan for alterations and new construction to a building in the CI zone. Relief is requested for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: December 14, 2022 Time: 7:00- 1 1:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Immunotek Bio Centers Sign Variance Number SV 7-2022 Owner(s) 176 Quaker Road LLC SEQRA Type Unlisted A ent s Erik Sandblom (SRA Engineers) Lot Size 2.32 acres Location & Ward 176 Quaker Rd. Ward 2 Zoning Cl Tax Id No 302.7-1-42 Section 140 Cross Ref SV 5-2022; SP 63-2022; SV 21-2000; SV 66- 1996; UV 112-1992; UV 88-1992; SP 44-1996; SP 48-92 Warren County Planning December 2022 Public Hearing December 14, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes a freestanding sign of 47.25 sq. ft. panel to replace the existing panel. The existing building of 15,500 s . ft. remains the same. The wall signs were previously approved. Relief is requested for size of sign and setback of sign. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Office\ZBA Monthly 2022\December 14, 2022\ZBA Final Agenda December 14, 2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 63-2022 Project Applicant: 3 Sons and Holly, LLC Project Location: 28 Holly Lane Parcel History: SP 76-2022 SEQR Type: Type II Meeting Date: December 14, 2022 Description of Proposed Project: (Revised) Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition to the existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to construct a new 72 sq. ft. porch and a 200 sq. ft. porch. The new floor area is 3,225 sq. ft. Site work includes installation of an on -grade paver patio area, stone slab path, enlarging the fire pit area, and reduction of hard surfacing also proposed. In addition, there is to be a rain garden and shoreline plantings added to the site. There are no changes to the existing 1,152 sq. ft. floor area garage with living space. Site plan for new floor area in a CEA, expansion of nonconforming structure, and hard -surfacing within 50 ft. of the shoreline. Relief is requested for permeability, expansion of a nonconforming structure, and setbacks. Relief Required: The applicant requests relief for permeability, expansion of a nonconforming structure, and setbacks for residential additions and site work. The project site is on a 0.34 ac parcel in the VWR zone. Section 179-3-040 dimensional Relief is requested for permeability where 71.6% is proposed and 75% is required. The deck to be setback 39 ft. where a 50 ft. setback is required. Stormwater device proposed to be 35 ft. where 100 ft. is required. 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. Minor to no impacts to the neighborhood may be anticipated. The applicant proposes alterations to an existing home and site. 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 the location of the existing home near the shoreline. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested for permeability is 3.4% and setback relief is 11 ft. for the deck and 65 ft. for stormwater device. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal to no impact on the physical or the environmental conditions of the area. Stormwater controls are proposed. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes alterations to the existing home to create a new entryway. The additional work includes a new deck to the back of the home and patio area improvement. The plans show the new addition entry elevation and the floor print area of the new deck. The revised information provided indicates the site was at 75% permeable when an additional paved area was completed prior to the proposed project. 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 town of Queensburp Area Variance Resolution To: Approve / Disapprove Applicant Name: 3 Sons and Holly, LLC (Michael Carey, Jr.) File Number: AV 63-2022 Location: 28 Holly Lane Tax Map Number: 239.12-2-57 ZBA Meeting Date: November 16, 2022; December 14, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from 3 Sons and Holly, LLC (Michael Carey Jr.). (Revised) Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition to the existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to construct a new 72 sq. ft. porch and a 200 sq. ft. porch. The new floor area is 3,225 sq. ft. Site work includes installation of an on -grade paver patio area, stone slab path, enlarging the fire pit area, and reduction of hard surfacing also proposed. In addition, there is to be a rain garden and shoreline plantings added to the site. There are no changes to the existing 1,152 sq. ft. floor area garage with living space. Site plan for new floor area in a CEA, expansion of nonconforming structure, and hard -surfacing within 50 ft. of the shoreline. Relief is requested for permeability, expansion of a nonconforming structure, and setbacks. Relief Required: The applicant requests relief for permeability, expansion of a nonconforming structure, and setbacks for residential additions and site work. The project site is on a 0.34 ac parcel in the WR zone. Section 179-3-040 dimensional Relief is requested for permeability where 71.6% is proposed and 75% is required. The deck to be setback 39 ft. where a 50 ft. setback is required. Stormwater device proposed to be 35 ft. where 100 ft. is required. SEQR Type II — no further review required; A public hearing was advertised and held on November 16, 2022 and December 14, 2022. 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: • K a fttin N�:7_10111UR60` "1 a17:3ii.`111I_ 0 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 included to minimize the request 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 environmental conditions in the neighborhood or district? S. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by 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 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 63-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 14th Day of December 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 54-2022 Project Applicant: Paul Nasrani Project Location: 790 Bay Road Parcel History: FWW 17-2022; SUB 12-2022; SUB 14-2021 SEQR Type: Type II Meeting Date: December 14, 2022 Description of Proposed Project: Applicant proposes a 3-lot subdivision: Lot 1 at 2 acres with house; Lot 2 at 2.05 acres; and Lot 3 at 2.23 acres. Two new houses are to be constructed on the remaining lots with shared driveway (Lots 2 & 3). On site septic and connection to existing municipal water. Site plan for subdivision and freshwater wetlands for work within 100 ft. Relief is requested for lot frontages. Relief Required: The applicant requests relief for lot frontages and flag lots for the proposed 3 lot subdivision. The project is located in the MDR zone on a 6.48 ac parcel Section 179-4-050-frontage, 179-4-010- flag, 179-19-020 road frontage Relief is being requested for lot frontage for Lot 1 where 132 ft. is proposed and 200 ft. is required. Relief is requested for creation of two flag lots. Relief is also requested for Lot 2 lot frontage of 78 ft. proposed and Lot 3 frontage proposed of 26 ft. where 100 ft. is required. 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. The project may be considered to have little to no impact on the neighboring properties. 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 feasible alternatives may include reducing the number of lots. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Lot frontage for Lot 1 relief of 68 ft. Relief for creation of two flag lots. Lots 2 lot frontage of 22 ft and Lot 3 frontage of 74 ft. 4. Whether 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 be considered to have minimal to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The project proposed is a 3-lot subdivision where Lot 1 will be 2.13 acres with an existing house, lot 2 will be 2.08 acres and lot 3 would be 2.27 acres. Two new houses to be constructed on the remaining lots. The project includes a new shared driveway for the second and third lots. The new sites will have onsite septic and connect to the existing municipal water. The project includes site work within 100 ft of freshwater wetlands. The plan shows the 3 lots with locations for the house septic and water connection. The wetlands are also noted on the site. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 a Town of Qucensbur}, Area Variance Resolution To: Approve / Disapprove Applicant Name: Paul Nasrani File Number: AV 54-2022 Location: 790 Bay Rd. Tax Map Number: 289.15-1-47 ZBA Meeting Date: December 14, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Paul Nasrani. Applicant proposes a 3-lot subdivision: Lot 1 at 2 acres with house; Lot 2 at 2.05 acres; and Lot 3 at 2.23 acres. Two new houses are to be constructed on the remaining lots with shared driveway (Lots 2 & 3). On site septic and connection to existing municipal water. Site plan for subdivision and freshwater wetlands for work within 100 ft. Relief is requested for lot frontages. Relief Required: The applicant requests relief for lot frontages and flag lots for the proposed 3 lot subdivision. The project is located in the 1MR zone on a 6.48 ac parcel Section 179-4-050-frontage, 179-4-010- flag, 179-19-020 road frontage Relief is being requested for lot frontage for Lot 1 where 132 ft. is proposed and 200 ft. is required. Relief is requested for creation of two flag lots. Relief is also requested for Lot 2 lot frontage of 78 ft. proposed and Lot 3 frontage proposed of 26 ft. where 100 ft. is required. SEQR Type II — no further review required; A public hearing was advertised and held on December 14, 2022. 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: PER THE DRAFT PROVIDED BY STAFF 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 included to minimize the request 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 environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by (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 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 54-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 14th Day of December 2022 by the following vote: AYES NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 64-2022 Project Applicant: Adirondack Retirement Specialists Project Location: 310 Bay Road Parcel History: SP 77-2022; SV 11-2002; AV 136-1992; SP 62-99; SP 57-92 SEQR Type: Type II Meeting Date: December 14, 2022 Description of Proposed Project: Applicant proposes to complete access renovations and other alterations to an existing 2-story building. The plans indicate there are two south side entry porches to be renovated, a new entryway to be created on the north side, and a renovation of the first story on the west side. The building will maintain a 3,215 sq. ft. footprint. The existing porch areas of 249 sq. ft. will be improved with 360 sq. ft. total of new porch areas. Site plan for alterations and new construction to a building in the CI zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks of commercial additions and building improvements. The project is located in the Commercial Intensive zone on a 1.08 ac parcel. Section 179-3-040 dimensional The 46 sq ft porch is located 59 ft 3 inches from the road, the 169 sq ft porch is located 33 ft 9 inches from the road where a 75 ft setback is required. The 46 sq ft porch is located 17 ft 5 inches from the north property line where a 20 ft setback is required. The front fagade area building improvements is 11 ft 10 inches where a 75 ft setback is required. 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. 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 existing building location and lot shape. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief for the north porch is front 15 ft 9 inches, side 2 ft 7 inches; west porch front is 41 ft 3 inches; Front fagade relief is 63 ft 2 inches. 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 environmental conditions in the neighborhood may be anticipated. The applicant proposes new planting beds around the foundation of the building 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes alterations to an existing building for access entry areas with new porches and a lift. The plans indicate the interior arrangement is modified for the entryway areas and interior alteration upstairs for the restroom. The plans show the existing conditions and the proposed conditions. 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 Town of QZeensbun, Area Variance Resolution To: Approve / Disapprove Applicant Name: Adirondack Retirement Specialists File Number: AV 64-2022 Location: 310 Bay Rd. Tax Map Number: 302.8-1-16 & 302.8-1-17 ZBA Meeting Date: December 14, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Adirondack Retirement Specialists. Applicant proposes to complete access renovations and other alterations to an existing 2-story building. The plans indicate there are two south side entry porches to be renovated, a new entryway to be created on the north side, and a renovation of the first story on the west side. The building will maintain a 3,215 sq. ft. footprint. The existing porch areas of 249 sq. ft. will be improved with 360 sq. ft. total of new porch areas. Site plan for alterations and new construction to a building in the CI zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks of commercial additions and building improvements. The project is located in the Commercial Intensive zone on a 1.08 ac parcel. Section 179-3-040 dimensional The 46 sq ft porch is located 59 ft 3 inches from the road, the 169 sq ft porch is located 33 ft 9 inches from the road where a 75 ft setback is required. The 46 sq ft porch is located 17 ft 5 inches from the north property line where a 20 ft setback is required. The front fagade area building improvements is 11 ft 10 inches where a 75 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on December 14, 2022. 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: PER THE DRAFT PROVIDED BY STAFF 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 included to minimize the request 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 environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b 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 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 64-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 1411 Day of December 2022 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 7-2022 Project Applicant: Immunotek Bio Centers Project Location: 176 Quaker Road Parcel History: SV 5-2022; SP 63-2022; SV 21-2000; SV 66-1996; UV 112-1992; UV 88-1992; SP 44-1996; SP 48-92 SEQR Type: Unlisted Meeting Date: December 14, 2022 Description of Proposed Project: Applicant proposes a freestanding sign of 47.25 sq. ft. panel to replace the existing panel. The existing building of 15,500 sq. ft. remains the same. The wall signs were previously approved. Relief is requested for size of sign and setback of sign. Relief Required: The applicant requests relief for a free standing sign -- size of sign and setback of sign. The project site is located in the Commercial Intensive zone on a 2.23 ac parcel Chapter 140 —signs The proposed sign is to be 10.2 ft from the property line where a 15 ft setback is required. The sign is proposed to be 47.25 sq ft where the maximum size for a 15 ft setback is 45 sq ft. Criteria for considering a Sign Variance according to Chapter 140 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 sign variance. Minimal to no impacts to the neighborhood may be anticipated due to the location of the right -of way and the base for the sign is existing. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be considered limited due to the site configuration with drive areas and the building location. 3. Whether the requested sign variance is substantial. The relief requested may be considered minimal relevant to the code. Relief is requested for 4.8 ft setback and 2.25 sq ft in excess. 4. Whether 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 minimal impact on the environmental conditions of the district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to replace a panel in existing sign base. The previous sign was part of an approved project that did not have a survey for the sign location. The current applicant has provided a survey indicating the free-standing sign was not located in a compliant location. The sign is consistent with the wall sign advertisement for Immunotek. The plans show the location of the sign, size and wording. Zoning Board of Appeals — Record of Resolution r Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 limn of Queensbun, Sign Variance Resolution To: Approve / Disapprove Applicant Name: Immunotek Bio Centers File Number: SV 7-2022 Location: 176 Quaker Rd. Tax Map Number: 302.7-1-42 ZBA Meeting Date: December 14, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Immunotek Bio Centers. Applicant proposes a freestanding sign of 47.25 sq. ft. panel to replace the existing panel. The existing building of 15,500 sq. ft. remains the same. The wall signs were previously approved. Relief is requested for size of sign and setback of sign. Relief Required: The applicant requests relief for a free standing sign -- size of sign and setback of sign. The project site is located in the Commercial Intensive zone on a 2.23 ac parcel Chapter 140—signs The proposed sign is to be 10.2 ft from the property line where a 15 ft setback is required. The sign is proposed to be 47.25 sq ft where the maximum size for a 15 ft setback is 45 sq ft. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 7-2022. Applicant Name: Immunotek Bio Centers based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 14th Day of December 2022, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, December 14, 2022. 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: PER THE DRAFT PROVIDED BY STAFF: 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 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? INSERT 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? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by (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 minimum necessary; 8. The Board also proposes the following conditions: a) b) , Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the followingA through E): 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; B. 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; C. 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' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign 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. Based on the above findings I make a MOTION TO APPROVE / DENY Sign Variance 7-2022, Immunotek Bio Centers, Introduced by , who moved for its adoption, seconded by Duly adopted this 1411 Day of December 2022, by the following vote: AYES: NOES: