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Staff NotesStaff Notes ZBA February 15, 2023 Administrative Items: Approval of Meeting Minutes for January 18, 2023 AV 4-2023 Geraldine Eberlein Request to be Tabled to March 2023 AV 8-2023 Sharon Serini Request to be Tabled to April 2023 Tabled Items: AV 50-2022 Garden World Associates LLC New Business: AV 5-2023 Drs. Marc &Betsy Fuchs AV 6-2023 Queensbury Realty Partners LLC AV 7-2023 Gary Charlebois Queensbury Zoning Board of Appeals Agenda Meeting: February 15, 2023 Time: 7:00- 11:00 pm Queensbury Activities Center— 742 Bay Road Agenda subject to change and maybe found at: www.queensbury.net Administrative Items: Approval of Meeting Minutes for January 18, 2023 AV 4-2023 Geraldine Eberlein Request to be Tabled to March 2023 AV 8-2023 Sharon Serini Request to be Tabled to April 2023 TABLED ITEMS: Applicant(s) Garden World Associates LLC Area Variance Number AV 50-2022 Owners Garden World Associates LLC SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 0.32 acres 49 & 0.76 acres 50 Location & Ward 2 Carlton Dr. & 537 Aviation Rd. Ward 2 Zoning MDR 49 & Cl 50 Tax Id No 302.5-1-49 & 302.5-1-50 Section 179-3-040 Cross Ref SP 69-2022; RZ 5-2022; AV 44-2017; SP 49-2017 Warren County Planning January 2023 Public Hearing January 18, 2022; February 15, 2023 Adirondack Park A ency I n/a Proiect Description: Applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Drive (302.5-1-49) from MDR (Moderate Density Residential) to Cl (Commercial Intensive). The project also includes a parking lot expansion of a 0.77 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The parking area would be increased to 86 spaces where 50 are required. Petition of Zone Change (Town Board referral, SEQR) for parking lot expansion. Site plan for parking lot area expansion. Relief requested for permeability. NEW BUSINESS: Applicant(s) Geraldine Eberlein Area Variance Number AV 4-2023 Owner(s) Geraldine Eberlein SEQRA Type Type II A ent s Studio A Landscape, Arch, En ; Jon Lapper, Esq. Lot Si 0.31 acres Location & Ward 12 Seelye Road North Ward 1 WR Tax Id No 227.17-1-25 i 0-- 179-3-040; 147 Cross Ref SP 5-2023; AV 70-2007 ren County Planning February 2023 Public Hearing February 15, 2023 Pisting Adirondack Park Agency ALD Proiect Description: Applicant proposes demolition of home and guest cottage to construct a new home with a footprint of 2,411 sq. ft.; an outdoor kitchen of 234 sq. ft.; and a new floor area of 3,343 sq. ft. The project includes associated site work for a new permeable driveway, stormwater management, and shoreline landscaping; the project also includes installation of a new septic system on the adjoining property. Site plan for new floor area mi a CEA and hard surfacing withing 50 ft. of the shoreline. Relief is requested for setbacks, floor area, and permeability. Applicant(s) Dr's Marc & Betsy Fuchs Area Variance Number AV 5-2023 Owner(s) Dr's Marc & Betsy Fuchs SEQRA Type Type II Agent(s) Harold Geurtze & Co. Inc. d/b/a Geurtze Builders Lot Size 0.65 acres Location & Ward 19 Wood Point Lane Ward 1 Zoning WR Tax Id No 239.14-1-2 Section 179-5-020; 179-3-040 Cross Ref SP 7-2023; AV 17-2014; AV 36-2010; AV 48-02; SP 15-2014; SP 49-98 Warren County Planning February 2023 Public Hearing February 15, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes a 272.25 sq. ft. (footprint) partially open carport addition to the existing garage of 509 sq. ft. The carport is to be on the North side of the garage. The existing home of 2,910 sq. ft. footprint is to remain. The floor area is to be . 3,686 sq. ft. The project is an expansion of a non -conforming structure. Site plan review for new floor area in a CEA (179-6-065). Relief is requested for setbacks and permeability. Queensbury Zoning Board of Appeals Agenda Meeting: February 15, 2023 Time: 7:00- 11:00 pm Queensbury Activities Center- 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Queensbu Realty Partners LLC Area Variance Number AV 6-2023 Owner(s) John Jarosz SEQRA Type Type II Agent(s) Caryn Mlodzianowski - Bohler Engineering & Landscape Architecture NY PLLC; and Jonathan C. Lapper, Bartlett, Pontiff, Stewart & Rhodes, PC Lot Size 0.51 acres Location & Ward 920 State Route 9 Ward 1 Zoning CM Tax Id No 296.17-1-45 Section 179-37040 Cross Ref SP 8-2023 Warren County Planning February 2023 Public Hearing February 15, 2023 Adirondack Park Agency n/a Protect Description: Applicant proposes a demolition of the existing building to construct a new single story 3,516 sq. ft. medical building. The sitework includes a new parking and access arrangement to Sweet Road. The project includes new landscaping, lighting, and stormwater management. Site plan for new construction and site work in the CI zone. Relief is requested for setbacks. Applicant(s) Gary Charlebois Area Variance Number AV 7-2023 Owner(s) Gary & Barbara Charlebois SEQRA Type Type II Agent(s) Ethan Hall — Rucinski Hall Arch. Lot Size 1.76 acres Location & Ward 39 Boulevard Ward 2 Zoning CLI Tax Id No 303.20-2-18 Section 179-3-040 Cross Ref SP 9-2023; AV 9-1989; AV 10-1989; SP 53- 2000; SP 11-2000; SP 5-89 Warren County Planning February 2023 Public Hearing February 15, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes a 9,192 sq. ft. addition for an update to the existing HVAC company. The addition is for new warehouse, loading dock areas and update to the floor plan. The existing building is 6,099 sq. ft. The project includes site work for stormwater management, lighting and parking area, disturbance of 32,000 sq. ft. Site plan for building addition and site work in the CLI zone and hard surfacing within 50 ft. of the shoreline (Canal). Relief is requested for setbacks. Applicant(s) Sharon Serini Area Variance Number AV 8-2023 Owner(s) Sharon Serini SEQRA Type Type II Age ts Nick Ze len EDP Lot Size 0.2 acres Location & Ward 15 Private Road #1 Ward 1 Zonin9ce W WR Tax Id No 240.9-1-4 179-3-040 Cross Ref SP 10-2023; FWW 2-2023 ount PlanningFebruary2023 Public Hearin February15, 2023 �Wr ck Park A enc n/a Proiect Description: Applicant proposes a 2-story home wik a footprint of 918 sq. ft., porch area of 160 sq. ft., and a floor area of 1,440 sq. ft. The project includes a septic system and stormwat r management. The plan includes a vegetative plan for removal and plantings to remain. Site plan for new floor area in the CEA. Relief is requested for setbacks and height. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Office\ZBA Monthly 2023\February 15, 2023\ZBA Final Agenda February 15, 2023.docx Zoning Board of Appeals — Record of Resolution '�y � _ Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761- 8238 Toii-m of Queensbuiy Area Variance Resolution To: TABLE Applicant Name: Geraldine Eberlein File Number: AV 4-2023 Location: 12 Seelye Road North Tax Map Number: 227.17-1-25 ZBA Meeting Date: February 15, 2023 The Zoning Board of Appeals of the. Town of Queensbury has received an application from Geraldine Eberlein. Applicant proposes demolition of an existing home and guest cottage to construct a new home with a footprint of 2,411 sq. ft.; an outdoor kitchen of 234 sq. ft.; and a new floor area of 3,343 sq. ft. The project includes associated site work for a new permeable driveway, stormwater management, and shoreline landscaping; the project also includes installation of a new septic system on the adjoining property. Site plan for new floor area in a CEA and hard surfacing withing 50 ft. of the shoreline. Relief is requested for setbacks, floor area, and permeability. MOTION TO TABLE AREA VARIANCE NO. 4-2023 GERALDINE EBERLEIN, Introduced by who moved for its adoption, seconded by Tabled to April 19, 2023 pending a septic variance. Duly adopted this 151h day of February 2023, by the following vote: AYES: NOES: ABSENT: Zoning Board of Appeals — Record of Resolution r . Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761- ' 8238 bim of Queensbin), Area Variance Resolution To: TABLE Applicant Name: Sharon Serini File Number: AV 8-2023 Location: 15 Private Road #1 Tax Map Number: 240.9-1-4 ZBA Meeting Date: February 15, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Sharon Serini. Applicant proposes a 2-story home with a footprint of 918 sq. ft., porch area of 160 sq. ft., and a floor area of 1,440 sq. ft. The project includes a septic system and stormwater management. The plan includes a vegetative plan for removal and plantings to remain. Site plan for new floor area in the CEA. Relief is requested for setbacks and height. MOTION TO TABLE AREA VARIANCE NO. 8-2023 SHARON SERINI, Introduced by who moved for its adoption, seconded by Tabled to March 22, 2023 with any new information due by February 15, 2023. Duly adopted this 15th day of February 2023, by the following vote: AYES: NOES: ABSENT: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 50-2022 Project Applicant: Garden World Associates, LLC Project Location: 2 Carlton Drive & 537 Aviation Road Parcel History: SP 69-2022; RZ 5-2022; AV 44-2017; SP 49-2017 SEQR Type: Type II Meeting Date: February 15, 2023 Description of Proposed Project: Applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Drive (302.5-1-49) from MDR (Moderate Density Residential) to CI (Commercial Intensive). The project also includes a parking lot expansion of a 0.77 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The parking area would be increased to 84 spaces where 50 are required. Petition of Zone Change (Town Board referral, SEAR) for parking lot expansion. Site plan for parking lot area expansion. Relief requested for permeability. Relief Required: The applicant requests relief for permeability for a parking lot expansion for the existing Silo Restaurant. The project is on two properties that are to be merged for a parcel area of 1.09 ac in the CI zone. Section 179-3-040 dimensions Applicant proposes additional hard -surfacing for parking associated with the Silo Restaurant. The proposed permeability is 13.9% where 30% permeable 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 location of the existing building and lot configuration. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is 16.1 % permeable less than allowed. 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 will have minimal to no impact on the physical or environmental conditions. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The project includes associated site work to increase parking to 84 spaces for the existing Silo restaurant. The plans show the existing and proposed parking. The project is under review for a change of zone from Moderate Density Residential to Commercial Intensive. The Planning Board did not identify any significant adverse impacts during the recommendation November 30tn �^ Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Tomi of Qiccnsbu►} Area Variance Resolution To: Approve / Disapprove Applicant Name: Garden World Associates LLC File Number: AV 50-2022 Location: 2 Carlton Dr. & 537 Aviation Rd. Tax Map Number: 302.5-1-49 & 302.5-1-50 ZBA Meeting Date: January 18, 2023; February 15, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Garden World Associates LLC. Applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Drive (302.5-1-49) from MDR (Moderate Density Residential) to Cl (Commercial Intensive). The project also includes a parking lot expansion of a 0.77 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The parking area would be increased to 84 spaces where 50 are required. Petition of Zone Change (Town Board referral, SEQR) for parking lot expansion. Site plan for parking lot area expansion. Relief requested for permeability. Relief Required: The applicant requests relief for permeability for a parking lot expansion for the existing Silo Restaurant. The project is on two properties that are to be merged for a parcel area of 1.09 ac in the Cl zone. Section 179-3-040 dimensions Applicant proposes additional hard -surfacing for parking associated with the Silo Restaurant. The proposed permeability is 13.9% where 30% permeable is required. SEQR Type II — no further review required; A public hearing was advertised and held on January 18, 2023 & February 15, 2023. 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) 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. 50-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 15t' Day of February 2023 by the following vote: M—M NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 5-2023 Project Applicant: Dr's Marc & Betsy Fuchs Project Location: 19 Wood Point Lane Parcel History: SP 7-2023; AV 17-2014; AV 36-2010; AV 48-02; SP 15-2014; SP 49-98 SEQR Type: Type II Meeting Date: February 15, 2023 Description of Proposed Project: Applicant proposes a 272.25 sq. ft. (footprint) partially open carport addition to the existing garage of 509 sq. ft. The carport is to be on the North side of the garage. The existing home of 2,910 sq. ft. footprint is to remain. The floor area is to be 3,686 sq. ft. The project is an expansion of a non -conforming structure. Site plan review for new floor area in a CEA (179-6-065). Relief is requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the construction of a carport addition. The project is on a 0.69 ac parcel located in the Waterfront Residential Zone, Lake George Section 179-3-040 dimensional, 179-5-020 garage The applicant carport addition is to be 12.9 ft from the header to the property line where a 20 ft setback is required. The permeability is to be 69.70% where 75% is required. The previous area variance did not identify the permeability for relief. 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 limited due to the location of the existing garage. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested is 7.1 ft to the setback. Permeability relief is 5.3%. 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 impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant has proposed to complete construction of a carport addition that does not meet the side setback. The plans show the location of the addition on the garage in relation to the property lines. The elevations show the carport to be open and to be consistent with the existing garage. Zoning Board of Appeals — Record of Resolution ` Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Ton7i of Queensbiny Area Variance Resolution To: Approve / Disapprove Applicant Name: Drs. Marc & Betsy Fuchs File Number: AV 5-2023 Location: Tax Map Number: ZBA Meeting Date: 19 Wood Point Lane 239.14-1-2 February 15, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Drs. Marc & Betsy Fuchs. Applicant proposes a 272.25 sq. ft. (footprint) partially open carport addition to the existing garage of 509 sq. ft. The carport is to be on the North side of the garage. The existing home of 2,910 sq. ft. footprint is to remain. The floor area is to be 3,686 sq. ft. The project is an expansion of a non -conforming structure. Site plan review for new floor area in a CEA (179-6-065). Relief is requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the construction of a carport addition. The project is on a 0.69 ac parcel located in the Waterfront Residential Zone, Lake George Section 179-3-040 dimensional, 179-5-020 garage The applicant carport addition is to be 12.9 ft from the header to the property line where a 20 ft setback is required. The permeability is to be 69.70% where 75% is required. The previous area variance did not identify the permeability for relief. SEQR Type II — no further review required; A public hearing was advertised and held on February 15, 2023. 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 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. 5-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 1511 Day of February 2023 by the following vote: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 6-2023 Project Applicant: Queensbury Realty Partners LLC Project Location: Parcel History: SEQR Type: Meeting Date: 920 State Route 9 SP 8-2023 Type II February 15, 2023 Description of Proposed Project: Applicant proposes a demolition of the existing building to construct a new single story 3,516 sq. ft. medical building. The site work includes a new parking and access arrangement to Sweet Road. The project includes new landscaping, lighting, and stormwater management. Site plan for new construction and site work in the CI zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of new urgent care building. The project is on a 0.52 acre parcel in the Commercial Intensive zone. Section 179-3-040 dimensional The new building is proposed to be 33.4 ft from State Route 9 and 6.0 ft from Sweet Road where a 75 ft setback is required. The south side (rear) setback is to be 11.2 ft where a 25 ft setback is required. Noting the parcel is a corner lot with two fronts and two rear setbacks. 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 sign variance. Minimal 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 a sign variance. Feasible alternatives may be limited due to the project occurring on a corner lot and the requirements for front setbacks in the CI zone of 75 ft. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. Relief is requested for 41.6 ft from Route 9 and 69 ft from Sweet Road. The rear setback relief is 13.8 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 have minimal to no impact on the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a new building for urgent care. The plans show the location of the new building. The plans show site arrangement to include access only from Sweet Road and no access to Route 9. Zoning Board of Appeals — Record of Resolution = .. Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of (Lcensbuiy Area Variance Resolution To: Approve / Disapprove Applicant Name: Queensbury Realty Partners LLC File Number: AV 6-2023 Location: 920 State Route 9 Tax Map Number: 296.17-1-45 ZBA Meeting Date: February 15, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Queensbury Realty Partners LLC. Applicant proposes a demolition of the existing building to construct a new single story 3,516 sq. ft. medical building. The site work includes a new parking and access arrangement to Sweet Road. The project includes new landscaping, lighting, and stormwater management. Site plan for new construction and site work in the CI zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of new urgent care building. The project is on a 0.52 acre parcel in the Commercial Intensive zone. Section 179-3-040 dimensional The new building is proposed to be 33.4 ft from State Route 9 and 6.0 ft from Sweet Road where a 75 ft setback is required. The south side (rear) setback is to be 11.2 ft where a 25 ft setback is required. Noting the parcel is a corner lot with two fronts and two rear setbacks. SEQR Type II — no further review required; A public hearing was advertised and held on February 15, 2023. 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. 6-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 1511 Day of February 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 7-2023 Project Applicant: Gary Charlebois Project Location: 39 Boulevard Parcel History: SP 9-2023; AV 9-1989; AV 10-1989; SP 53-2000; SP 11-2000; SP 5-89 SEAR Type: Type II Meeting Date: February 15, 2023 Description of Proposed Project: Applicant proposes a 9,192 sq. ft. addition for an update to the existing HVAC company. The addition is for new warehouse, loading dock areas and update to the floor plan. The existing building is 6,099 sq. ft. The project includes site work for stormwater management, lighting and parking area, disturbance of 32,000 sq. ft. Site plan for building addition and site work in the CLI zone and hard surfacing within 50 ft. of the shoreline (Canal). Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of addition to the existing building. The project is on a 1.723 ac parcel in the Commercial Light Industrial zone. Section 179-3-040 dimensional The new building is to be located 48 feet 11 inches from the Feeder Canal 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 limited due to the location of the existing building and the site work for the parking area and stormwater management. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested is 26 feet 1 inch. 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The project work includes the 9,384 sq ft new addition to the existing 6099 sq ft building. The addition area will primarily be used for warehouse and have an office area with bathrooms in each section. The existing building will maintain the office area, a wholesales area, and the mezzine area for storage. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'Ibim of 0_yccnsbuiy Area Variance Resolution To: Approve / Disapprove Applicant Name: Gary Charlebois File Number: AV 7-2023 Location: 39 Boulevard Tax Map Number: 303.20-2-18 ZBA Meeting Date: February 15, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Gary Charlebois. Applicant proposes a 9,192 sq. ft. addition for an update to the existing HVAC company. The addition is for new warehouse, loading dock areas and update to the floor plan. The existing building is 6,099 sq. ft. The project includes site work for stormwater management, lighting and parking area, disturbance of 32,000 sq. ft. Site plan for building addition and site work in the CLI zone and hard surfacing within 50 ft. of the shoreline (Canal). Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of addition to the existing building. The project is on a 1.723 ac parcel in the Commercial Light Industrial zone. Section 179-3-040 dimensional The new building is to be located 48 feet 11 inches from the Feeder Canal where a 75 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on February 15, 2023. 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 enviromnental 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. 7-2023, Introduced by , who, moved for its adoption, seconded by Duly adopted this 15" Day of February 2023 by the following vote: AYES: NOES