ApplicationI
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FI EINUMBF,R
rIATE REC /F P'41D
TOWN OF QUEENSBURY
531 Bay Road, Queensbury, NY 12
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DEPARTMENT OF COMMUNITY DEVELOP ENT a
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PROJECT APPLICANT: n; PC,0( Q' 2-2N Mom_
ADDRESS:
PHONE #: Homd: 11193\ -3LrS(. p
PHONE #: Work: 11
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APPLICANT'S AGENT: p
ADDRESS: Z
PHONE #: Home:
PHONE #: Work:
PROPERTY OWNER:
ADDRESS: "The.
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PHONE #: Home: ltla. - bi % - 133+
PHONE #: Wgr* : 419L - 39 1 0 $+t
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DESCRIPTION OF PROJECT: 6rcua� Je _� U,v¢�gc�led aloud
DIRECTIONS TO THE PROJECT: Please make as clear as possible,
so Board 1_ members & Staff can find your project: $(,3 R,+ 9
(v()Pew;h61V14 4)U(e )D� U-) iA, "N, Tch,J 6ilue s
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: _Yes _No
SEQRA: I, II, Unlisted
Warren Co.: _Yes No
APA: _ Yes No
Wetlands: Yes No
M
Brea of Parcel ).A
r Building --- acres Maximum Size=
^g Allowed
r7� Sq. ft.
Disposition of Parcel:
s q . f t .
Exi�nq
Building Area 00
Paved Area �9�-- sq. ft.
-J.y.b %
(including walks) sq• ft.
Green
of Parcel
g 78 _ % of parcel
Area �Si� sq' ft.H
3—_76_
Proposed
% of parcel
Building Area
Paved Area --- — sq• ft.
(enc sq. ft.
------ % of parcel
walks)
Green Area
Area
---_._ % of parcel
sq. ft.
suildincr Setbacks
% of parcel
Existing Proposed
Front Yard
Required
• Front (if corner)-
Side Yard (1)
Side Yard ( 2 )
g,�
Rear Yard
----
Rear Yard (2)
— -- _—
Shoreline
----
Width
Depth _—__,—_
— -----
Access (check where a pplicable)
—�—
Town Highway County
State
Length of Frontage
Number of Parking space-- E sting
Town Water: Yes
Proposed
_�
• No
Town Sewer:
�
_Yes No
Any previous Planning or Zoning Board
this property?
determination
regarding
Present Use of Property:
Proposed Use of Property:
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
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• Applicant's Signature u1titwl L�w Date I_S `I G
Applicant's Agent Signature Date
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AREA VARIANCE APPLICATION
(Must be accompanied by site information pages.)
TOWN OF QUEENSBURY
531 Bay Road
Queensbury, New York 12804
Applicant: pur✓. - P 2u, }}Ufi Mgr parcel No.
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)
Require(s) r_] setbacks ED lot width
C] buffer zone
0 other
that cannot be met by the project as proposed.
Specific setback requirements should be provided on Page 2 of the Project Information
pages.
IT
USING THE MAP OF THE PROPERTY, SHOW: ]o
1. All proposed new buildings, etc., in relation to existing. Show dimensions
clearly.
2. All setbacks affected by the project, existing and proposed. a
3. Distances to adjacent owner's septic and well, if application involves Z
installation or modification to septic or well, or if it could affect adjacent n
systems. 'T'
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? c c
• 2. What effect would this variance have on the ch,
safety, and welfare of the community? Ac
D�- u'Ar F�
•
3. Are there feasible alternatives to this variance?
of the neighborhood and the health,
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4. Is the amount of relief substantial relative to the Ordinance?
5. Will the varianue ^ave an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district? N D
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.
Applicant: t' lltIJ L-Yi Date:
Agent:
Date:
11
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Ilppliefuhm fair TaxMtip Number: Section
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stguennre Is needed till the eutheriZrtfian ffrllIl brinw; dgsigmidoig the ftpldieenf cis
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C)1C/NL'II •S AGENT FORM
1 NCg fi�+.C<nr S E rNr�t G
' -----It. 1.&__._!�� INVACr of pn1111im".1 Ineeltgl eI •I•ny Mr11'
i
Nunlhlv': Section %�a.._, I11neh ...— .... Lol w... 9 ' hereby deslipoae
_. .rcyg tis Illy /lgtve regrlirliq till r111plreefian for ti-
Nnrirnlret [Site 1111m, i�l Srdulielslnn
fit the tibeve n�pfse<. ,
SIGNfsU:�i•.=........,..
Deed Referimee: book do 0
..... Ir ... I ...7, ,AJ 7
OPPICIA1. R13CORD OF Mlili`1'1NGS
It is the p1•rfctice. of ilre bt liurpnrnrt nJ' C;rrinmunity' 1.),eve lripnn tit to have a
tlesiI fated steologrrl��,Itet•'tape tccurd proeeedings of fireetiags resultingfrom
allpTications, and drat minutes transcrihcil from du+s(, tapes constitute the official
r•eCOrYI of all IMIVc,edings. If there is a disrreprrncy betuieen such record cold the
hrnldturint ll ntimacs taken by the de'signoted stenokral►her die hcnlihol•iuen
minutes shall lie deemed the official rr•ro1•d.
I
ilk I HA1IM READ AND AGIti31: TO T111; ABOVE STATEM-110,14T.
Applirant's «i;cnt sil,nature
PP0JECT T.D. NUMBER 817.21 SEOR
Appendix C
Slate Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I —PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT ISPONSOn
2. PROJECT NAME
S. PROJECT LOCATION;
Municipality County
4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map)
S. iS PROPOSED ACTION:
❑ New ❑ Expansion ❑ Modlllcallonlellerallon
8. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑ Yes ❑ No It No, describe briefly �-
8. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
❑Residential ❑Industrial ❑Commerclal ❑Agricuflure ❑ Park/Forest/Open space ❑Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
❑ Yes ❑ No If yes, list agency(s) and permlllapprovels
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
❑ Yes ❑ No 11 yes, list agency name and permitiapproval ,
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 name: Date:
Signature:
1f the action Is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
T.
nanT u—cutno(%uur=urel A,cF--Ml=NT rro he completed by Aaencv)
A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN S NYCRR, PART 617.12? If yea, coordinate the review process and use the FULL EAF.
❑ Yea ❑ No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN a NYCRR, PART 617.9? If No, a negative declaration
may be superseded by another Involved agency.
❑Yee ❑No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible)
Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briery:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted, or a change In use or Intensity of use of land or other natural resources? Explain briefly.
C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly.
Ca. Long term, short term, cumulative, or other effect$ not Identified In C1-05? Explain briefly.
C7. Other Impacts (Including changes In use of either quantity or type of energy)? Explain briefly.
D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑ Yes ❑ No If Yes, explain briefly
PART III —DETERMINATION OF SIGNIFICANCE (ro be completed by Agency)
INSTRUCTIONS: For each adverse effect Identified above, determine whether It Is substantial, large, Important or otherwise significant.
Each effect should be assessed In connection with Its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
Irreverslhl Illy; (a) geographic scope; and in magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adequately addressed.
❑ Check this box If you have Identified one or more potentially large or significant adverse Impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
❑ Check this box if you have determined, based on the Information and analysis above and any supporting
documentation, that the proposed action WILL NOT result In any significant adverse environmental Impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Name of Lead Agency
Print or Type Name of Responsible olficcer Tn—Vead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer (11 different from responsible officer)
•
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Staff Notes CX NoteGO FZGG Prepared By: George Hilton, Planning Assistant
ZONING BOARD OF APPEALS
Town of Queensbury -Dept. of Community Development Meeting Date: March 27, 1996
Area Variance No. 16-1996
APPLICANT: Michael Park, Pizza Hut
PROJECT LOCATION: Route 9 next to Long John Silvers
PROPOSED PROJECT AND CONFORMANCE WITH THE ORDINANCE:
The applicant proposes to construct a deck in front of a Pizza
Hut Restaurant which will be located 8 feet from the front property
line. This action requires relief from the setbacks required in
Section 179-23C and the setbacks of Section 179-28C (Travel
Corridor Overlay Zone).
CRITERIA FOR CONSIDERING AN AREA VARIANCE, ACCORDING TO CHAPTER
267, TOWN LAW.
1. BENEFIT TO THE APPLICANT:
This would allow the applicant to build an outdoor seating
area for customers.
2. FEASIBLE ALTERNATIVES:
There do not seem to be any other alternatives which could
provide less relief.
3. IS THIS RELIEF
The street setback
proposes to locate
property line.
4. EFFECTS ON THE NE
RELATIVE TO THE ORDINANCE?:
for Route 9 is 75 feet, the applicant
this structure 8 feet from their front
OR COMMUNITY?:
This 40 foot by 30 foot deck would be located 8 feet from the
Route 9 property line on a lot with two existing restaurants.
The site currently does not have enough parking for the
buildings on site. This addition would only add to the
parking problem that exists on site.
5. IS THIS DIFFICULTY SELF-CREATED?
The current setback from Route 9 at this location is 56.5
feet. This site does not have the parking to accommodate this
expansion.
Area Variance No. 16-1996
Pizza Hut
PARCEL HISTORY:
This parcel contains 2 restaurants and has been owned by
Herbert Sheinberg since 1977.
STAFF COMMENTS AND CONCERNS:
Staff has concerns about allowing this expansion with the
existing parking conflict on site. Staff is also concerned with
allow expansion to be located so close to a heavily used road such
as Route 9. Although this expansion would be within the density
requirements of the HC-lA district, staff feels this expansion
would result in over development of this site.
SEQR: Type II, no further action required.
GH/sed
WARREN COUNTY PLANNING BOARD
C. Powell South Warren County Muncipal Center Linda Bassarab
Chairman Lake George, New York,12M Vice Chairman
T,kgh 151317616410 c
DATE: March 13, 1996
TO: Queensbury Planning & Zoning
Town of Queensbury
Queensbury, NY 12804
QBY AV 16-1996
Pizza Hut
863 Route 9
At a meeting of the Warren County Planning Board, heldon the 13th
day of March 1996 , the above application for an aRea Variance for the
construction of a ground level, unattached wood deck with railings.
was reviewed, and the following action was taken. Recommendation to:
() Approve 0 Disapprove () Modify with Conditions () Return () No County Impact
Comments: The setback from the main road is not adequate and it would have
significant County impact with the deck.
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 shelf report its recommendations to the referring municipal
agency, accompanied by a full statement for such actions. If no action is taken within thirty (30)
days or agreed upon time, the municipal agency may 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 seven (7) days after the final action by the 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.
C. Powell
Linda Bassarab, Vice Chairperson
A
TOWN OF QUEENSBURY
742 BAY ROAD R s
QUEENSBURY, NEW YORK 12804
Fred A. Carvin, Chairman Christian G. Thomas, Secretary
R.D. #3, Box 211 21 Pinewood Hollow Road
Queensbury, New York 12804 Queensbury, New York 12804
TO: Pizza Hut Restaurant
Michael Park, Manager
863 Route 9
Queensbury, New York 12804
PROJECT FOR:
Pizza Hut Restaurant
THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING .9 O co
REQUEST AT THE BELOW STATED MEETING .AND HAS RESOLVED THE D M c
FOLLOWING: Z 0 r v
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Meeting Date: March 27, 1996 Si M O
Variance File Number: 16-1996 USE AREA x SIGN co > m
Other:
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OAPPROVED DENIED 0TABLED WITHDRAWN ❑SEQRAREVIEW Dz
WITH CONDITIONS (D r
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MOTION TO DENY AREA VARIANCE NO. 16-1996 MICHAEL PARK, MANAGER m OC
PIZZA HUT, Introduced by Fred Carvin who moved for its adoption, m
seconded by David Menter: ( D
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The applicant proposes to construct a deck which will be located { y
approximately eight feet from the front property line, and in order D
for him to construct this deck he needs setback relief from Section c m
179-23C and Section 179-28C, which is the Travel Corridor Overlay 0 D
Zone. I don't believe the applicant has demonstrated that a D v
significant benefit would be accrued to him by the building of this N M
deck, when weighed against the possible detriment to the community, m z
as far as safety, health and welfare is concerned. The applicant ¢ a
has indicated that because he already has picnic tables out there M
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and is utilizing the proposed deck area, that the only real benefit
would be to make the area that muc= neater. I believe that this -< D
relief would be substantial relative to the Ordinance. Where the =
setback from Route 9 is 75 feet, a-.d the applicant is proposing m c-
only eight feet, which means that rei'_ef of 67 feet would have to 0 C
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PLEASE READ THE BACK C=-HIS FORM- ThenkYou I I_
IMPORTANT INFO R,%'�.—=N REGARDING TABLING PROCEDURE
R-- "? LUTION
At the February 17, 1993 the:: _e .rsbury Zoning Board of Appeals made a
MOTION THAT WHEN THE Z '.G BOARD OF APPEALS TABLES AN
APPLICATION, THAT THE A.= _ `.^;T HAS SIXTY (60) DAYS TO COME BACK
WITH THE APPLICATION. 1= _= APPLICANT DOES NOT COMEBACK WITH
THE APPLICATION WITHIN S':' (e0) DAYS, THEY HAVE TO READVERTISE,
Introduced by Theodore Tur-_- moved for its adoption, seconded by Fred
Carvin:
Duly adopted this 17th day c`=e=r_,ary, 1993, by the following vote:
AYES: Mr. Carvin, Mr. Carples. `.`S. Paling, Mr. Thomas, Mr. Turner
NOES: None
ABSENT: Mr. Philo, Mrs. Eggi--=
§ 179-91='J`:ING § 179-92
§ 179-91. Zoning Board :: Appeals hearing; decision; APA
revdew. [Amerces 1-23-1992 by L.L. No. 11-1992]
A. The Zoning Boar: __ _'__peals shall give such notice of
hearings, hold hear:-_. —.d decide applications presented to
it, as may be requr :- __owed by Town Law §§ 267-a and
26 7 -b.
B. Appeals from a Zcn r_= ward of Appeals decision may be
taken as allowed b. 1-av § 267-c.
C. The .Adirondack Par.- be considered a party to variance
applications in the =_ _-czck Park and shall receive such
notice and have suc = = of review as are provided in the
Executive Law oft - _-_s of New York and the applicable
APA rules andD. For decisions invol-.ir_ .z-. within the Adirondack Park, the
Board shall notif_: the _ a= rondack Park Agency, by certified
mail, of such decision variance granted or granted with
conditions shall not -- e-entice until thirty (30) days after
such notice to the A-^n. If, within such thirty -day period,
the Agency deterrn.c_s :ha: such variance involves the
provisions of the Larc = and Development Plan as approved
in the local land rogram, including any shoreline
restriction. and was -c_ _-a=z d apon the appropriate statutory
basis or practical d:-_r__ ;ems or unnecessary hardships, the
Agency may rever- ::.e :ocai determination to grant the
variance.
§ 179-92. Expiration of var-:ance.
Unless other --vise specifies :r extended by the Zoning Board of
Appeals, decision on any rF. _=__ :or - variance shall expire if the
applicant fails to undertake :-e=^ccsed action or project, to obtain
any necessary building p,:--i: :o construct any proposed new
buildings) or change any e:c._:ir.z bui:ding(s) or to comply with the
conditions of said authorizati : .c- - in ;-le (1) year from the filing date
of such decision thereof.
ZONING BOARD OF APPE -_S - RECORD OF RESOLUTION
Area Variance No. 16-1996
Pizza But Restaurant
PAGE 2
be granted, which is pretty =-_bstantial. Not only is the relief
being sought substantial, agreeing to this variance, the
applicant would have to increase his parking to accommodate the
expansion, and at this poia=, there does not appear to be any
additional parking that can be created on this lot because of a
joint sharing with the Long moo== Silver. In other words, there's
two restaurants on one lot, and I think if we were to grant this
variance that certainly we -would be adding to the situation,
especially regarding parking access in and out onto Route 9, which
again could be detrimenta= =o the safety and welfare of the
community.
Duly adopted this 27th day of _larch, 1996, by the following vote:
AYES: Mr. Thomas, Mrs. Lapha_n, Mr. Green, Mr. Menter,
Mr. Karpeles, Mr. Carvin
NOES: NONE
ABSENT: Mr. Ford
Sincerely,
Fred A. Carvin, Chairman
Queensbury Zoning Board of ALpeals
FC/sed