Resolution 6.21.23
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: Bay Road Self Storage LLC
File Number: AV 22-2023
Location: 290 Bay Rd.
Tax Map Number: 302.8-2-17; 302.8-2-20 (Lot Line Adjustment); 302.8-1-21; & 302.8-2-24
ZBA Meeting Date: June 21, 2023
The Zoning Board of Appeals of the Town of Queensbury has received an application from Bay Road Self
Storage LLC. Applicant proposes to redevelop an existing industrial site with 11 new self-storage buildings
for a total of 478 units. The building footprint total is 61,800 sq. ft. The site work includes access from Bay
Road and connection with the existing access for the adjacent self-storage facility. The site will have parking
areas, secondary curb cut, stormwater management, and landscaping. Some buildings are within the setbacks to
the existing stream and wetlands – no work is proposed in the wetlands or stream. Project includes a lot line
adjustment with 302.8-2-20 and lot merger of 307.8-2-17, 302.8-2-21, and 302.8-2-24. Site plan for new
commercial use in the CLI zone, hard surfacing within 100 ft. of the wetland. Relief is requested for setbacks.
The applicant requests relief for setbacks for construction of storage building. The project is located on a 9.18
ac parcel in the Commercial Light Industrial zone.
Section 179-3-040 CLI dimensional & Chapter 94 Wetlands dimensional
Building 10 of 6,300 sq. ft. for 50 units is located 65 ft. from the wetland where a 75 ft. setback is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on June 21, 2023.
Upon review of the application materials, information supplied during the pu blic 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:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
as this is their second phase, and after the first phase and the first phase was done very well. We anticipate
this to be the same.
2. Feasible alternatives are limited and have been considered by the Board. They are reasonable and have
been included to minimize the request.
3. The requested variance is not substantial. It’s a good use of the property.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
Relief Required:
5. Although the alleged difficulty might be considered as self-created, it’s only because of the wetlands.
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) 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) 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 AREA VARIANCE NO. 22-
2023, Introduced by Ronald Kuhl, who moved for its adoption, seconded by James Underwood:
Duly adopted this 21st Day of June 2023 by the following vote:
AYES: Mr. Henkel, Mr. Keenan, Mr. Kuhl, Mr. Cipperly, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE