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ApplicationI. FILE NUMBER: DATE REC'1}�/FEE PAD `r' F •7 ' _ � �" 7� TOWN O �- 531 Bay Road, Queensburli, NY 12804 DEPARTMENT OF COMMUNITY DEVELOPMENT PROJECT APPLICANT: ADDRESS: 95 Sar PHONE #: Home: _ PHONE #: Work: APPLICANT'S AGENT: ADDRESS: PHONE #: Home: _ PHONE #: Work: JE"SELS DONUTS : PROPERTY OWNER: Mark F. LaPointe ADDRESS: 22 W. Main St., jueensoury, N.Y. 12804 PHONE #: Home: 798-5932 PHONE #: Work: DESCRIPTION OF PROJECT: Dunkin Donut Shop 0 DIRECTIONS TO THE PROJECT: Please make as clear as possible, so Board members & Staff can find your project: 22 W. Main St. aueensbury - Corner of Main and Caroline SKETCH OR PHOTOCOPY OF ROAD MAP: OFFICE USE ONLY Tax Map No. Zoning: Variance: A U S No Site Plan: _Yes No Subdiv.: Yes No CEA: _Y— es _No SEQRA: I, II, Unlisted Warren Co.: _Yes No APA: Yes No Wetland_s: Yes No u u II. SITE DEVELOPMENT DATA Tax Map Number: Section _L3_1___ Block 5 Lot 1. 34, 33 Zone Classification: Area of Parcel acres = 22,500 sq. ft. Maximum Size Building Allowed sq. ft. Disposition of Parcel: Existing Building Area 2 111 sq. ft. 10 % of parcel Paved Area 2,;1 sq. ft. 11 8 of parcel (including walks) Green Area 17,951 sq. ft. 79 % of parcel Proposed Building Area 1,800 sq. ft. 8io % of parcel Paved Area sq. ft. % of parcel (including walks) Green Area sq. ft. % of parcel Building Setbacks Existing Front Yard 30 Front (if corner) 10 (side) Side Yard (1) Side Yard (2) Rear Yard Rear Yard (2) Shoreline Width Depth Access (check where applicable) Proposed 35 43 Town Highway X County State Required Length of Frontage 150' Number of Parking spaces: Existing 10 Proposed An 19 Town Water: X Yes No Town Sewer: Yes X No Any previous Planning or Zoning Board determination regarding this property? See attached copy of previous Area Variance. Present Use of Property: PRIVATE RESIDENCE & LIMOSINE SERV. BUS. Proposed Use of Property: DUNKIN DONUT SHOP A COMPLETE APPLICATION IS NECESSARY FOR PLACEMENT ON THE PLANNING BOARD AND ZONING BOARD OF APPEALS AGENDAS - APPLICANT PLEASE READ The Planning and Zoning Office requires 10 copies of your site plan or variance application and maps, one original and 9 copies, along with supporting documentation. In addition to the $25.00 fee for site plan applications and the $50.00 fee for variance applications, the applicant is required to pay for the costs related to engineering review. Applications may be referred to the Town Consulting Engineer for review of septic design, storm drainage, etc. The hourly rate charge for the engineer review will be charged directly to the applicant. Fees for engineering review will not exceed $1,000.00 without notification to the applicant. Other permits may be required for construction or alteration • subsequent to approval by the Planning Board or Zoning Board of Appeals. It is the applicant's responsibility to obtain these. I, the undersigned, have thoroughly read and understand the instructions for submission, agree to the submission requirements and completed the checklist. Furthermore, it is the practice of the Department of Community Development to have a designated stenographer tape record the proceedings of meetings resulting from applications, and that minutes transcribed from those tapes constitute the official record of all proceedings. If there is a discrepancy between such record and the handwritten minutes taken by the designated stenographer, the handwritten minutes shall be deemed the official record. I HAVE READ AND AGREE TO THE ABOVE STATEMENT Applicant's Signaturel�y /��,�,., wog, _�ir�. Date !o / Q-7 Applicant's Agent Signature Date I 0 AREA VARIANCE APPLICATION (Must be accompanied by site information pages.) TOWN OF QUEENSBURY 531 Bay Road Queensbury, New York 12804 Applicant: JEdELS DONUTS INC. Parcel No. 131 / 5 /1.3L.33 IN ORDER TO COMPLETE THIS APPLICATION, YOU WILL FIRST NEED: 1. A map of your property, to scale, showing the location of any existing buildings, septic systems, and wells. (Remember to indicate North and the scale.) 2. A definite idea of where, and what size, you would like your house, • addition, pool, etc., to be. 3. The setback requirements for the zone (available from the Zoning Department: 745-4436. ) COMPLIANCE WITH ZONING ORDINANCE: Section(s) 179-24 Require(s) I7-1 setbacks r--1 lot width 0 buffer zone ® other LOT SIZE that cannot be met by the project as proposed. Specific setback requirements should be provided on Page 2 of the Project Information n pages. rn • USING THE MAP OF THE PROPERTY, SHOW: n C 1. All proposed new buildings, etc., in relation to existing. Show dimensions a clearly. 2. All setbacks affected by the project, existing and proposed. z 3. Distances to adjacent owner's septic and well, if application involves n installation or modification to septic or well, or if it could affect adjacent systems. 4. Other items appearing on checklist with Project Information pages, as appropriate. (If in doubt, inquire.) ELEVATIONS: Some projects are understood better if a drawing of the what the project will look like is provided, in addition to the map/plan. Page 2 THE FOLLOWING QUESTIONS REFLECT THE CRITERIA FOR GRANTING THIS TYPE OF VARIANCE. PLEASE COMPLETE THEM, USING ADDITIONAL SHEETS IF NEEDED. 1. How would you benefit from the granting of this Area Variance? WOULD ALLOW US TO CONSTRUCT A DUNKIN DONUT SHOP FOR INCO10 . 2. What effect would this variance have on the character of the neighborhood and the health, safety, and welfare of the community? ENHANCE AREA VALUES, APPEARANCE; CAN SEE NO ADVERSE EFFECT ON HEALTH OR SAFETY; WILL ADD APPROX. 15 J03S, ADD'L SALES TAX REVENUES, ADD'L REAL ESTATE, AND SCHOOL TAXES. 3. Are there feasible alternatives to this variance? NO 4. Is the amount of relief substantial relative to the Ordinance? WE KNOW FROM FAST EXPERI- ENCE, THr VANIANCE WILL ALLOW MORE THAN ADEQUATE SPACE TO SAFELY OPERATE A DUNKIN DONUT SHOP. THE PROPOSED USE IS IN KEEPING WITH THE PURPOSE OF C0bUdERCIAL-RESIDENTIAL ZONING. Will the variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? NO I HAVE READ AND COMPLETED ALL APPLICABLE PORTIONS OF THE PROJECT INFORMATION SHEETS, AS WELL AS THIS SIGN VARIANCE. TO THE BEST OF MY KNOWLEDGE, ALL INFORMATION PROVIDED IS TRUE AND ACCURATE. J-RNELS DO UTS INC. Applicant: �.��v-ve� Date: 10/15/97 Agent: Date: a m n • Authorization Form & Official Record of Meeting Statement If the APPLICANT is unable to attend the meeting or wishes to be represented by another party, the applicant's signature is needed on the authorization form below, designating an agent. APPLICANT'S AGENT FORM I, hereby designate as my agent regarding a Variance, F7Site Plan, ❑ Subdivision application for Tax Map Number: Section , Block , Lot Applicant's Signature: Date: If the OWNER of the property is not the same as the applicant, the owner's signature is needed on the authorization form below, designating the applicant as agent. OWNER'S AGENT FORM I, owner of premises located at Tax Map Number: Section j_, Block, Lot j_ hereby designate �E W f=� S DU. vyTS /�t/C , as my 13t 1 3y agent rek-li'ding an application foi a M Variance, Site Plan, Subdivision at the above premises. Owner's'Signature: Date: Deed Reference: Book l a l y Pagel�9bate OFFICIAL RECORD OF MEETING STATEMENT It is the practice of the Department of Community Development to have a designated stenographer tape record proceedings of meetings resulting from applications, and that minutes transcribed from those tapes constitute the official record of all proceeding. If there is a discrepancy between such record and the handwritten minutes taken by the designated stenographer, the handwritten minutes shall be deemed the official record. t have read and agree to the above statement Applicant's Signature: J- rY z4,, � Date: f01 1 S 'Z -% Applicant's Agent Signature: Date: QUEENSBURY APPLICATION COMPLETENESS CHECKLIST Application fee for each application. original plus 9 copies Required Signatures Location Map Adequate Plot Plan. Other The Plot Plan: Draw to scale (preferably 1 inch = 40 feet or • less) a detailed description of the proposed site. Failure to include all the required information on your site plan will result in a determination of incompleteness and a delay in the processing of your application. * Items A through M must be included on the Plot Plan for the site plan review application and all variance applications. * Items N through Z shall be included on the Plot Plan if applicable. P N/A A. Title of drawing, including name and address of applicant and persons responsible for preparation of such drawing. B. North arrow, scale and date. C. Boundaries of the property with dimensions in feet, including zoning boundary delineations. D. Location of all existing principal and accessory structures and their uses with exterior dimensions and lot -line and waterfront setbacks. P - Provided N/A - Not Applicable P N/A E. Location of all proposed principal and accessory uses and structures with exterior dimensions and setbacks. F. Location of any existing or proposed easements, driveways, outdoor storage and refuse containment areas, including setbacks and dimensions of the structures. G. Location of existing and proposed sewage disposal facilities including lot line, waterfront and well setbacks. For proposed system or if expanding use, include design details, construction materials, flow rates or number of bedrooms served and percolation test results. Also, location of existing sewage and water systems on adjoining lots. • H. Location and description of existing public or private water supply. I. Description of the method of securing public or private water and location, design and construction materials of such facilities. J. Total number of existing parking spaces, including the number of those to remain or to be removed, those to be paved, those to be graveled, and total number of proposed new paved spaces and proposed graveled spaces, including basis for determining parking adequacy. K. Location and design of all existing and proposed outdoor lighting facilities. L. Percent of lot which is presently permeable, including composition of ground cover (grass, shrubs, gravel, etc.) M. Percent of lot which is proposed to be permeable, including composition of ground cover. N. Existing watercourses, wetlands, and other waterbodies. O. Proposed maximum daily water usage in gallons per day. P - Provided N/A - Not Applicable P N/A P. Location and design of all existing and proposed parking and loading areas, showing driveways, ingress, egress, handicapped parking and curbing. For proposed parking and loading areas, include design details, construction materials and dimensions. Q. Provision for pedestrian and handicapped access. R. Location, design and construction materials of all existing or proposed site improvements including drains, culverts, retaining walls, and fences. S. Location of fire and other emergency zones, including the location of fire hydrants. T. Location of all existing and proposed energy • distribution facilities and other utilities, including electrical, gas, solar energy, telephone, etc. For proposed facilities, include design details and construction materials. U. Location, setbacks, and size of all existing and proposed signs, including design and construction details of proposed signs. V. Location and proposed development of all buffer areas, including existing vegetative cover and screening of storage or refuse areas. W. Identification of the location and amount of building areas proposed for office, manufacturing, retail sales or other commercial activity. X. General landscaping plan and planting schedule, including existing trees over 3 inches in diameter. Y. Grading and stormwater management plan, showing existing and proposed contours and including drainage calculations. Z. Other elements integral to the proposed development or considered necessary by the Boards and staff. Z2. SEQRA Determination. P - Provided N/A - Not Applicable r9l95)—Text 12 cCT I.D. NUMBER 617.20 S EQ R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (ro be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR ��r 2. PROJECT NAME ew-c.s Dvti"� rs (� c_, J,v [N vo.vvTS 0. PROJECT LOCATION: rr �� - / Municipality IN U W County )Z(,^'--N A. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) _ U If 'IV, Y_ Ct7 rNr y_ o r' /f•!Rr �- C R 2 a Gl.�f�/_ S'i_ 5. IS PjiOpOSED ACTION: IYO,rfCS ew ❑ Expansion ❑ MadtflcatloNalteratlon 6. DESCRIBE PROJECT BRIEFLY: If 0,v97_K UCTI 0 / Cl r D v,'V1<1 -2/ 00'f/ V' g 1"q 7. AMOUNT OF LAND AFFECTED: InillallYLL44 !io f P r'aarae- Ultimately 2'2v 'y $Q F'T --- 9. WILL PROPOSEDACTIONCOMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? CDIol Yes No if No, deserThe briefly - F)QFR y/_)2f/4'4-CF R -FgVlel_ D P-'RvA rawly of QvI�Fr_i1 SP.,,ZY, 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? *aaldentlal ❑Industrial 2(commardal ❑Agriculture ❑ parklForestlopen apace ❑Other Describe: 7- UiVr D C . %z. T-(2 /DNS 1 T/o%r1 �.� Q /-�• _ _ .._. 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? VOYes ❑ No If yes, list agency(,) and permfUapp"Nala 1, "i U�1Ji✓ tl p Ck I/I?9F V9 i.'RV' — ki UL/-M416 Pl�2_44 17— S, B-R. — rvz/vr.v 6 11. wD�OES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 101 Yes ❑ No it yes, list agency name and parmfttapproval - - S•:�-R l-%.�S F3PP20v�o r-vw/J'l✓Y"(r' .:... ..,' _ .: -: , 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION Yes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AppllcanUsponsor namr. _ V /�w � S L �-V l/ I j 4 C , Date: .I - • Slgnaturel_�� / / i/'-�YY'�-iYaN i/Y� , .. If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Forth before proceeding with this assessment OVER 1 WARREN COUNTY PLANNING BOARD Tracey M. Clothier Warren County Municipal Center Teri Rosa Chairperson Lake George, New York 12845 Vice Chairperson Telephone (518) 761-6410 )ATE: November 12, 1997 RE: QBY AV 76-1997 TO: Planning 6 Zoning Office Town Office Building Queensbury, NY 12804 Jewels Donuts, Inc. 22 W. Main Street At a meeting of the Warren County Planning Board, held on the day of November 1997 the above application for Dunkin Donuts shop 12th an Area Variance to construct a reviewed, and the following action was taken. Recommendation to: (-� Approve () Disapprove () Modify with Conditions () Return () No County Impact Comments: The WCPB approves this Area Variance specifically for this plan for Jewels Donuts, Inc. It is the policy of the Warren County Planning Board to follow the procedures of the New York State General Municipal Law, Section 239-M, with regard to Municipal Zoning actions that are referred to and reported thereon. The following are procedural requirements that must be adhered to: 1.) The Warren County Planning Board shall report its recommendations to the referring municipal agency, accompanied by a full statement for such actions. If no action is taken wi%p thirty (30) days or agreed upop time, the municipal agency miW.. act without such report. 2.) If the recommendation is for disapproval of the proposal, or modification thereof, the municipal agency shall not act contrary to such action except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary actions. 3.) Within seve (7) days after the final action byre municipal agency having jurisdiction on the recommendations, modifications or disapproval of a referred matter, such municipality agency shall file a report with the Warren County Planning Board on the necessary form. Tracey M. Clothier, Chairperson OR Teri Ross, Vice Chairperson TOWN OF QUEENSBURY 742 BAY ROAD QUEENSBURY, NEW YORK 12804 Christian G. Thomas, Chairman Bonnie M. Lapham, Acting Secretary 21 PinewoodHollowRoad -- 409 Ridge Road Queensbury, New York 12804 Queensbury, New York 12804 TO: Jewels Donuts, Inc. PROJECT FOR: 95 Saratoga Avenue Jewels Donuts, Inc. So. Glens Falls, New York 12803 Dunkin Donuts THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING REQUEST AT THE BELOW STATED MEETING AND HAS RESOLVED THE FOLLOWING: Meeting Date: November 19, 1997 Variance File Number: 76-1997 Other: USE AREA x SIGN ❑ APPROVED ❑ DENIED ® TABLED ❑ WITHDRAWN ❑SEORAREVIEW ❑ WITH CONDITIONS MOTION TO TABLE AREA VARIANCE NO 76-1997 JEWELS DONUTS INC., Introduced by Chris Thomas who moved for its adoption, seconded by Brian Custer: Tabled until Monday, November 24th, at a Special Meeting. At that time, proper notification will have been done, and a decision can be rendered on this application, and at that time also the Short Environmental Assessment Form will have to be addressed. Duly adopted this 19th day of November, 1997, by the following vote: AYES: Mr. McNally, Mr. Custer, Mr. Hayes, Mr. Karpeles, Mrs. Lapham, Mr. Thomas NOES: NONE ABSENT: Mr. Stone Sincerely, Al., � Bonnie M. Lapham, Secretary Queensbury Zoning Board of Appeals BML/sed CC: Mark F. LaPointe PLEASE READ THE BACK OF TH IS FORM -Thank Y o u TOWN OF QUEENSBURY 742 BAY ROAD QUEENSBURY, NEWYORK 12804 Christian G. Thomas, Chairman 21 Pinewood Hollow Road Queensbury, New York 12804 TO: Jewels Donuts, Inc. 95 Saratoga Avenue So. Glens Falls, New York 12803 Bonnie M. Lapham, Acting Secretary 409 Ridge Road Queensbury, New York 12804 PROJECT FOR: Jewels Donuts, Inc. Dunkin Donuts THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING REQUEST AT THE BELOW STATED MEETING AND HAS RESOLVED THE FOLLOWING: Meeting Date: November '&i ' 7 Variance File Number: 76-1997 USE AREA x SIGN _ Other: ❑ APPROVED ❑ DENIED TABLED ❑ WITHDRAWN ❑SEQRA REVIEW ❑ WITH CONDITIONS MOTION TO TABLE AREA VARIANCE NO 76-1997 JEWELS DONUT INC., Introduced by Paul Hayes who moved for its adoption, seconded by Robert Karpeles: Corner of Main and Caroline. Duly adopted this 24th day of November, 1997, by the following vote: AYES: Mr. McNally, Mr. Karpeles, Mrs. Lapham, Mr. Hayes NOES: NONE ABSENT: Mr. Custer, Mr. Stone, Mr. Thomas Sincerely, Bonnie M. Lapham, Secretary Queensbury Zoning Board of Appeals BML/sed CC: Mark F. LaPointe PLEASE READ THE BACK OF 7H1 S FORM - Thenk You If TOWN OF QUEENSBURY 742 BAY ROAD QUEENSBURY, NEW YORK 12804 Christian G. Thomas, Chairman Bonnie M. Lapham, Acting Secretary 21 Pinewood Hollow Road 409 Ridge Road Queensbury, New York 12804 Queensbury, New York 12804 TO: Jewels Donuts, Inc. 95 Saratoga Avenue PROJECT FOR: Jewels Donuts, Inc. So. Glens Falls, New York 12803 Dunkin Donuts THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING REQUEST AT THE BELOW STATED MEETING AND HAS RESOLVED THE FOLLOWING: Meeting Date: December 17, 1997 Variance File Number: 76-1997 USE _ AREA x SIGN Other: APPROVED ❑ DENIED ❑ TABLED ❑ WITHDRAWN ❑SEQRAREVIEW ❑ WITH CONDITIONS MOTION TO APPROVE AREA VARIANCE NO 76-1 7 JEWELS DONUT INCm -0M Z 0 z m O M m v 0 yM � 0 0 D y a a v z O m 3 a rz- M O Introduced by Lewis Stone who moved for its adoption,seconded by z < Bonnie Lapham: m 0 nM Corner of Main and Caroline Street. The applicant proposes m n construction of a commercial enterprise, namely Dunkin Donuts. In a z this particular case, a commercial enterprise, it requires one acre j N in the CR-15 zone. Therefore the applicant is requesting relief ^y a from Section 179-24, requiring a minimum of one acre in this area a m for the type of commercial use yp proposed. The proposed lot, which n = a will be a combination of three existing lots, will measure a o approximately 22,500 square feet. In granting a variance, we must a) consider the benefit to the applicant, as contrasted with the m z detriment to the health, safety and welfare of the community. In < a this case, the benefit to the applicant would be that the applicant M would be allowed to construct and operate a commercial enterprise Z in a one acre zoned piece of property. Feasible alternatives are m < X a limited to no construction or acquisition of additional property = M and conformance with the Ordinance. We're also asked to consider m C_ whether this benefit can be achieved by other means feasible to the 0 applicant. We are told by the applicant that he has attempted to m — find a suitable piece of property that would serve his needs and zo has not been able to do so. One, because either availability or m n m -a page 1 of 2 Z <a r PLEASE READ THE BACK OF TH I S FORM -Thank Y o u Area Variance No. 76-1997 Jewels Donuts, Inc. because of his own resources. Would this be an undesirable change in the neighborhood character or to nearby properties? As has been noted in the meeting, this is an area in transition, and this represents one more change to a basically Highway Commercial atmosphere for this whole area. Is the relief substantial relative to the Ordinance? Yes. The relief may be interpreted as substantial, being almost a half acre, but because of the nature of the business, the size of the building. It is deemed that this would not be consequential. The effects on the neighborhood or the community, an increase of the density of allowed commercial use is anticipated as a result of this proposal, and we have agreed that this would not be detrimental to the area at large. We also must consider whether this difficulty is self-created, and it may be interpreted as self-created. This is a particular lot that the applicant wants to buy. It's one that represents what he can buy, and therefore in a sense it is self-created. It should be noted that the subject parcel is currently utilized by a commercial venture, mainly Sue Howard Limousine company. In granting this variance, we should ask the Planning Board to consider certain elements of change that would result from the granting of this variance, namely the increased traffic, the 24 hour proposed operation, the light, particularly on the west side of the building which may be considered to impact upon the residents to the west. This variance is granted contingent upon the lighting and planting schedule as given to us, dated 12/2/97, which indicates both a planting on the south side and on the west side, two type A light 75 watt bulbs on the south side and the west side, and a statement made to the effect that no glass on the south or west sides of the building except for the drive through window on the south side. Duly adopted this 17th day of December, 1997, by the following vote: AYES: Mr. Custer, Mr. Stone, Mr. Karpeles, Mrs. Lapham, Mr. Thomas NOES: NONE ABSENT: Mr. McNally, Mr. Hayes SincerelVaph%am, Bonnie MSecretary Queensbury Zoning Board of Appeals BML/sed CC: Mark F. LaPointe page 2 of 2