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Staff NotesStaff Notes March 27, 2024 Tabled Item: AV 16-2024 Redbud Development New Business: SV 2-2024 Saxton Sign (for Hannoush Jewelers) AV 12-2024 Reece Rudolph AV 13-2024 Durante Enterprises Inc SV 3-2024 Saratoga Eagle Beverage Queensbury Zoning Board of Appeals Agenda Meeting: March 27, 2024 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net TABLED ITEM: Applicant(s) Redbud Development Inc. Area Variance Number AV 16-2024 Owner(s) Lake Parkway Retreat LLC SEQRA Type Type II Age ts Geff Redick Lot Size 0.62 acres Location & Ward 226 Lake Parkway Ward 1 Zoning WR Tax Id No 226.19-1-82 Section 179-3-040; 147 Cross Ref SP 13-2024; AV 72-2005; SP 53-2005 Warren County Planning March 2024 Public Hearing March 20, 2024; March 27, 2024 Adirondack Park Agency ALD Proiect Description: Applicant proposes to construct a 565 sq ft pavilion addition to an existing home and alter two dormers of the home. The project work includes improving permeability on the site, a new planting plan, updated patio walkway areas, retaining wall near hot tub area and new boulder walls on the site. Project includes existing and new stormwater management. The shoreline area is to be improved with plantings and retaining wall. Site plan for new floor area in the CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks, floor area, and stormwater management setbacks. NEW BUSINESS: Applicant(s) Saxton Si n/Hannoush Jewelers Sin Variance Number SV 2-2024 Owner(s) Elidan Holdings LLC SEQRA Type Unlisted Age ts Saxton Sign Company Lot Size 1 acre Location & Ward 1054 State Route 9 Ward 1 Zoning CM Tax Id No 296.9-1-10.2 Section 140 Cross Ref SIGN 761-2023 Warren County Planning March 2024 Public Hearing March 27, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes to replace the existing 32 sq ft sign with a new 32 sq ft panel for the new jewelry business. The existing 3,240 sq ft building is to remain. The current wall sign is considered non -compliant with the sign code. Relief requested for size of sign. Applicant(s) Reece Rudolph Area Variance Number AV 12-2024 Owner(s) Reece Rudolph SEQRA Type Type II Agent(s) n/a Lot Size 0.21 acres Location & Ward 24 Nacy Rd. Ward 1 Zoning WR Tax Id No 289.6-1-34 Section 179-3-040; 179-4-080 Cross Ref AV 20-2019; SP 29-2019 Warren County Planning n/a Public Hearing March 27, 2024 Adirondack Park Agency n/a Proiect Description: Applicant has started a deck project due to the collapse of the original deck. The previous deck was 334 sq ft and the new deck is to be the same size; the deck is a detached deck. Project includes installation of the deck railing, with no other changes to the site or home. Relief requested for setbacks. Applicant(s) Durante Enterprises Inc. Area Variance Number AV 13-2024 Owner(s) Durante Enterprises Inc. SEQRA Type Type II Agent(s) Van Dusen & Steves Matt Webster Lot Size 0.38 ac 44 & 0.34 ac 47 Location & Ward 28 Dark Bay Lane & 32 Dark Bay Lane Zoning WR Ward 1 Tax Id No 239.18-1-44 & 239.18-1-47 Section 179-3-040 Cross Ref AV 39-2009; SP 46-09; SP 14-2009; AV 1 I- Warren County Planning March 2024 2008; AV 12-1992; AV 1442-21080; SP 32-89- 21081 Public Hearing I March 27, 2024 1 Adirondack Park Agency ALD Proiect Description: Applicant proposes a lot line adjustment between two parcels where parcel 239.18-1-47 (28 Dark Bay Lane) will be decreased from 0.34 ac to 0.25 ac where 2 ac is the minimum required; parcel 239.18-1-44 (32 Dark Bay Lane) will be increased from 0.38 ac to 0.47 ac. The u-shaped dock and the gazebo will be associated with 239.18-1-44 (32 Dark Bay Lane). The existing homes on each lot are to remain; there are no site changes, just an updated lot line to address property sale. Relief requested for lot size, setbacks, and shoreline frontage. Queensbury Zoning Board of Appeals Agenda Meeting: March 27, 2024 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) Saratoga Eagle Beverage Sign Variance Number SV 3-2024 Owner(s) Frontier Inc. Eagle Associates of Niagara SEQRA Type Unlisted Age t(s Adirondack Sign Co. Adam Wakulenko Lot Size 1.04 acres Location & Ward 266 Quaker Rd. Ward 2 Zoning CI Tax Id No 302.8-1-41 Section 140 Cross Ref SP 46-96 Warren County Planning March 2024 Public Hearing March 27, 2024 Adirondack Park Agency n/a Proiect Description: Applicant to be replacing an existing 72.89 sq ft freestanding sign and 22.5 sq ft changeable panel sign. The sign is currently located in the county Right -of -Way and is to remain. A variance for the placement of a sign was received in 1986. A county permit has already been received for the project to maintain the sign in the right-of-way. Project includes maintaining a changeable copy board as part of the freestanding sign. Relief requested for size of sign and maintaining existing change of copy board. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Offrce\ZBA Monthly 2024\March 27, 2024\ZBA Final Agenda March 27, 2024 (REVISED).docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 16-2024 Project Applicant: Redbud Development Inc. Project Location: 226 Lake Parkway Parcel History: SP 13-2024; AV 72-2005; SP 53-2005 SEQR Type: Type II Meeting Date: March 27, 2024 Description of Proposed Project: Applicant proposes to construct a 565 sq ft pavilion addition to an existing home and alter two dormers of the home. The project work includes improving permeability on the site, a new planting plan, updated patio walkway areas, retaining wall near hot tub area and new boulder walls on the site. Project includes existing and new stormwater management. The shoreline area is to be improved with plantings and retaining wall. Site plan for new floor area in the CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks, floor area, and stormwater management setbacks. Relief Required: The applicant requests relief for setbacks, floor area, and stormwater management setbacks. The project is located on a 0.62 ac site in the Waterfront residential zone. Section 179-3-040 dimensional, 179-6-065 new floor area, The applicant proposes a new open side pavilion addition to the existing home to be 13 ft 8 inches from the south side of the home where a 20 ft setback is required, a covered walkway is to be 13 ft 5 inches from the south side setback. The shoreline setback is to be 36 ft 7 inches where a 50 ft setback is required. The new stormwater management along the retaining wall area is less than 35 ft. The new floor area is to be 9,292 sq ft where the maximum allowed is 5,929 sq ft and existing is 8,740 sq ft (house built in 2005 may not have included basement area in original floor area). 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 home. 3. Whether the requested area variance is substantial. The relief requested may be considered minor relevant to the code. Relief for side setback of the pavilion is 6 ft 4 inches, the covered exterior access for basement is 13 ft 5 inches, the shoreline setback is 13 feet 5 inches. Floor area relief 3,363 sf remainder new floor area is for an outdoor pavilion of 565 sf (house built in 2005 may not have included basement area in original floor area). Relief is requested for stormwater device less than 35 ft to the shoreline. 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 environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The project is for an open side pavilion of 565 sf addition, a covered access entry for basement and site alterations to improve the shoreline planting and stormwater management for the site. The plans show the location of the addition and walkway including elevation renditions. The plans also show the extensive planting and site work to improve the shoreline buffer and stormwater management. 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 Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Redbud Development Inc. File Number: AV 16-2024 Location: 226 Lake Parkway Tax Map Number: 226.19-1-82 ZBA Meeting Date: March 20, 2024; March 27, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Redbud Development Inc. Applicant proposes to construct a 565 sq ft pavilion addition to an existing home and alter two dormers of the home. The project work includes improving permeability on the site, a new planting plan, updated patio walkway areas, retaining wall near hot tub area and new boulder walls on the site. Project includes existing and new stormwater management. The shoreline area is to be improved with plantings and retaining wall. Site plan for new floor area in the CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks, floor area, and stormwater management setbacks. Relief Required: The applicant requests relief for setbacks, floor area, and stormwater management setbacks. The project is located on a 0.62 ac site in the Waterfront residential zone. Section 179-3-040 dimensional 179-6-065 new floor area The applicant proposes a new open side pavilion addition to the existing home to be 13 ft 8 inches from the south side of the home where a 20 ft setback is required, a covered walkway is to be 13 ft 5 inches from the south side setback. The shoreline setback is to be 36 ft 7.inches where a 50 ft setback is required. The new stormwater management along the retaining wall area is less than 35 ft. The new floor area is to be 9,292 sq ft where the maximum allowed is 5.929,sq ft and existing is 8,740 sq ft (house built in 2005 may not have included basement area in original floor area). SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, March 20, 2024. 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. 16-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 27th Day of March 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 2-2024 Project Applicant: Saxton Sign/Hannoush Jewelers Project Location: 1054 State Route 9 Parcel History:SIGN 761-2023 SEQR Type: Unlisted Meeting Date: March 27, 2024 Description of Proposed Project: Applicant proposes to replace the existing 32 sq ft sign with a new 32 sq ft panel for the new jewelry business. The existing 3,240 sq ft building is to remain. The current wall sign is considered non -compliant with the sign code. Relief requested for size of sign. Relief Required: The applicant requests relief for size of sign. The project site is 1.00 ac located in the Commercial Moderate Density zone. Section 140- signs The proposed sign is to be 32 sf where a wall sign maximum size is 30 sf. 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 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 considered to reduce the size of the sign to a compliant size. 3. Whether the requested sign variance is substantial. The relief requested may be considered minimal relevant to the code. Relief is for 2 sf. 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 a minimal impact within the district. The applicant proposes a replacement of an existing sign that was 32 sf. 5. Whether the alleged difficulty was self-created. The difficulty may be considered. self-created. Staff comments: The applicant proposes to replace an existing wall sign on Route 9 that was 32 sf. The plans show the wall sign to be installed. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 bin of CLieensbuny Sign Variance Resolution To: Approve / Disapprove Applicant Name: Saxton Sign / Hannoush Jewelers File Number: SV 2-2024 Location: 1054 State Route 9 Tax Map Number: 296.9-1-10.2 ZBA Meeting Date: March 27, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Saxton Sign (for Hannoush Jewelers). Applicant proposes to replace the existing 32 sq ft sign with a new 32 sq ft panel for the new jewelry business. The existing 3,240 sq ft building is to remain. The current wall sign is considered non -compliant with the sign code. Relief requested for size of sign. Relief Required: The applicant requests relief for size of sign. The project site is 1.00 ac located in the Commercial Moderate Density zone. Section 140- signs The proposed sign is to be 32 sf where a wall sign maximum size is 30 sf. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. SV 2-2024. Applicant Name: Saxton Sign/Hannoush Jewelers 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 27th Day of March 2024, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, March 27, 2024. 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 folloivingA 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 2-2024, Saxton Sign/Hannoush Jewelers, Introduced by , who moved for its adoption, seconded by Duly adopted this 27th Day of March 2024, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 12-2024 Project Applicant: Reece Rudolph Project Location: 24 Nacy Road Parcel History: AV 20-2019; SP 29-2019 SEQR Type: Type II Meeting Date: March 27, 2024 Description of Proposed Project: Applicant has started a deck project due to the collapse of the original deck. The previous deck was 334 sq ft and the new deck is to be the same size; the deck is a detached deck. Project includes installation of the deck railing, with no other changes to the site or home. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks of an already constructed deck. Section 179-3-040 The deck is currently under construction is 11 ft 6 inches from the south property line where a 15 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 deck location: The decking was being repaired when it collapsed and the replacement deck was started not knowing additional review and permitting was required. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief is requested for 3 ft 6 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 impacts on the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to complete a 334 sf deck that was started without review and permits. The applicant has explained the deck was to be repaired when it collapsed. The applicant has indicated the deck is in the same location with no changes to the size. The deck boards were replaced and the supporting elements were completed so it would not collapse. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Qnccttsbuty Area Variance Resolution To: Approve / Disapprove Applicant Name: Reece Rudolph File Number: AV 12-2024 Location: 24 Nacy Road Tax Map Number: 289.6-1-34 ZBA Meeting Date: March 27, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Reece Rudolph. Applicant has started a deck project due to the collapse of the original deck. The previous deck was 334 sq ft and the new deck is to be the same size; the deck is a detached deck. Project includes installation of the deck railing, with no other changes to the site or home. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks of an already constructed deck. Section 179-3-040 The deck currently under construction is 11 ft 6 inches from the south property line where a 15 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, March 27, 2024. 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. 12-2024 , Introduced by , who moved for its adoption, seconded by Duly adopted this 2711 Day of March 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 13-2024 Project Applicant: Durante Enterprises, Inc. Project Location: 28 & 32 Dark Bay Lane Parcel History: AV 39-2009; SP 46-09; SP 14-2009; AV 11-2008; AV 12-1992; AV 1442-21080; SP 32-89-21081 SEQR Type: Type II Meeting Date: March 27, 2024 Description of Proposed Project: Applicant proposes a lot line adjustment between two parcels where parcel 239.18-1-47 (28 Dark Bay Lane) will be decreased from 0.34 ac to 0.25 ac where 2 ac is the minimum required; parcel 239.18-1-44 (32 Dark Bay Lane) will be increased from 0.38 ac to 0.47 ac. The u-shaped dock and the gazebo will be associated with 239.18-1-44 (32 Dark Bay Lane). The existing homes on each lot are to remain; there are no site changes, just an updated lot line to address property sale. Relief requested for lot size, setbacks and shoreline frontage. Relief Required: The applicant requests relief for lot size, setbacks, and shoreline frontage for a lot line adjustment. The property is located at 28 Dark Bay Lane of 0.34 ac and 32 Dark Bay Lane of 0.38 ac in the Waterfront residential zone. 179-3-040 The parcel 239.18-1-47 (28 Dark Bay Lane) will be decreased from 0.34 ac to 0.25 ac where 2 ac is the minimum required. The existing shed is to be 2 ft from the property line where 5 ft setback is required. The existing house is to be 43.5 ft shoreline setback where 50 ft is required. The shoreline frontage is to be 75 ft where 150 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. 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 applicants need to have the dock associated with the adjoining parcel. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code due to the amount of variances requested. Relief requested for reduction of lot currently less than 2 ac to be further reduced in size, creating a setback issue with an existing shed and existing home, reducing the shoreline frontage. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor impacts to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a lot line adjustment of two parcels for a lot current less than 2 ac to be further reduced in size. The existing home, out buildings, docks and site amenities are to remain with no changes. The applicant has explained the lot line adjustment will assist with the usage of the docks on the site so each parcel has a dock. 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 loin of Quccnsbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Durante Enterprises Inc. File Number: AV 13-2024 Location: 28 Dark Bay Lane & 32 Dark Bay Lane Tax Map Number: 239.18-1-44 & 239.18-1-47 ZBA Meeting Date: March 27, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Durante Enterprises Inc. Applicant proposes a lot line adjustment between two parcels where parcel 239.18-1-47 (28 Dark Bay Lane) will be decreased from 0.34 ac to 0.25 ac where 2 ac is the minimum required; parcel 239.18-1- 44 (32 Dark Bay Lane) will be increased from 0.38 ac to 0.47 ac. The u-shaped dock and the gazebo will be associated with 239.18-1-44 (32 Dark Bay Lane). The existing homes on each lot are to remain; there are no site changes, just an updated lot line to address property sale. Relief requested for lot size, setbacks, and shoreline frontage. Relief Required: The applicant requests relief for lot size, setbacks, and shoreline frontage for a lot line adjustment. The property is located at 28 Dark Bay Lane of 0.34 ac and 32 Dark Bay Lane of 0.38 ac in the Waterfront residential zone. 179-3-040 The parcel 239.18-1-47 (28 Dark Bay Lane) will be decreased from 0.34 ac to 0.25 ac where 2 ac is the minimum required. The existing shed is to be 2 ft from the property line where 5 ft setback is required. The existing house is to be 43.5 ft shoreline setback where 50 ft is required. The shoreline frontage is to be 75 ft where 150 ft is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, March 27, 2024. 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. 13-2024 , Introduced by , who moved for its adoption, seconded by Duly adopted this 27th Day of March 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 3-2024 Project Applicant: Saratoga Eagle Beverage Project Location: 266 Quaker Road Parcel History: SP 46-96 SEQR Type: Unlisted Meeting Date: March 27, 2024 Description of Proposed Project: Applicant to be replacing an existing 72.89 sq ft freestanding sign and 22.5 sq ft changeable panel sign. The sign is currently located in the county Right -of -Way and is to remain. A variance for the placement of a sign was received in 1986. A county permit has already been received for the project to maintain the sign in the right-of-way. Project includes maintaining a changeable copy board as part of the freestanding sign. Relief requested for size of sign and maintaining existing change of copy board. Relief Required: The applicant requests relief for size of sign and maintaining existing change of copy board. The project site is located at 266 Quaker Road in the Commercial Intensive zone. Section 140- Signs Applicant proposes to replace an existing free-standing sign with a 72.89 sf sign and a 22.5 sf changeable panel sign, where only one free-standing sign of 45 sf is allowed. The sign has a previous variance for the location of the sign and a permit from Warren County DPW for the sign in the ROW. 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. 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 to reduce the number of signs requested and the size of the sign. 3. Whether the requested sign variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested to have 2 free standing. Relief of the 72.89 sf sign is 27.89 sf. 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 project is for the existing beverage center where a name change from Minogue's to Bev's is proposed. The photos provided indicate the sign is essential the same. The applicant has received a permit from Warren County to maintain the location of the sign. yy Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 r DIM of Qreensbuty Sign Variance Resolution To: Approve / Disapprove Applicant Name: Saratoga Eagle Beverage File Number: SV 3-2024 Location: 266 Quaker Road Tax Map Number: 302.8-1-41 ZBA Meeting Date: March 27, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Saratoga Eagle Beverage. Applicant to be replacing an existing 72.89 sq ft freestanding sign and 22.5 sq ft changeable panel sign. The sign is currently located in the county Right -,of -Way and is to remain. A variance for the placement of a sign was received in 1986. A county permit has already been received for the project to maintain the sign in the right-of-way. Project includes maintaining a changeable copy board as part of the freestanding sign. Relief requested for size of sign and maintaining existing change of copy board. Relief Required: The applicant requests relief for size of sign and maintaining existing change of copy board. The project site is located at 266 Quaker Road in the Commercial Intensive zone. Section 140- Signs Applicant proposes to replace an existing free-standing sign with a 72.89 sf sign and a 22.5 sf changeable panel sign, where only one free-standing sign of 45 sf is `allowed. The sign has a previous variance for the location of the sign and a permit from Warren County DPW for the sign in the ROW. SEQR Type: Unlisted [Resolution / Action Required for SEAR] Motion regarding Sign Variance No. SV 3-2024. Applicant Name: Saratoga Eagle Beverage 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 27t' Day of March 2024, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, March 27, 2024. 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 following A 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 3-2024, Saratoga Eagle Beverage,Introduced by , who moved for its adoption, seconded by _ Duly adopted this 27th Day of March 2024, by the following vote: AYES: NOES: