ApplicationArea Variance No. 113-1992
Grossman's Property Development HC-lA
Type II
Owner: Hosp. Mort. Group, Inc.
and Transco Realty Trust
modification of
c/o Bayshore Associates
Area Var. No. 89-1992
south side of Quaker Road, approx. 1,300 ft.
west of Quaker Road and Bay Road intersection
Proposal to relocate an existing five (5) bay storage shed
and construct a canopy for covered storage of lumber. Side
and rear yards would not meet code requirements. Storage
canopy will be zero feet from the lot line. Five bay shed
will be 6 feet and 8 feet from the side lines.
Beautification Committee
I
(Warren County Planning)
Tax Map No. 105-1-3
Lot size: 2.Z38± acres
Section 179-23C
Public Hearing: October 21, 199Z
"IUWN OF QUEENSBURY
AREA
() Type I Action variance
❑ Type Il Action
❑ Type Unlisted
a Warren County Planning
❑ Adirondack Park Agency
o" VARIMa N `0..1.. 9 9
❑m
1.
Applicant's Name:
Grossmans Property Development
Street Address:
200 Union Street
City, State, Zip:
Braintree, MA 02184
Telephone No.
(617) 848- 1100
2.
Agent's Name:
C.T. Male Associates, P.C.
Street Address:
65 Bay Street, P.O. Box 533
City, State, Zip:
Glens Falls, NY 12801
Telephone No.
(518)
3.
Owner's Name:
yy793-7802
Hasp- MortTeGrruup lInc. and Transco Realty Trust
Street Address:
1266 Furnace Brook Parkway
City, State, Zip:
Quincy, MA 02169
Telephone No.
NA
4.
Location of property:
On the south side of Quaker Road (NYS Route 254)
approximately 1300 feet west o an
5.
Bay Road intersection.
Description of how to
find the
property: Travel south on Bay Road from the
Town Hall to er Road. Head west on Quaker Road for approximately
1300 feet. Site is
on the south side of Quaker Road.
6.
Tax Map Number:
Section 105 , Block 1 Lot 3
7. Zone Classification: HC - 1A Lot Size: 2.238t
-b1r--ft./acres
8. Section(s) of the Zoning Ordinance from which you are seeking this Variance:
Section 4.020
9. Present use(s) of property (explain in detail): Retail store and Building
Supply Limber Yard and similar storage area
10. Proposed use of property (describe the proposed change that you are making to
the present useh To remain the same.
11. Is the property in question within 500 feet of a County or State Right of Way,
Park, Municipal Boundary, or Watershed draining any County or State facilities,
requiring review by the Warren County Planning Board? ® YES, ❑ NO
sssssssssssssssssssssassssssssssssstsssssssssssass::::::.:�.t.....___.....--
"HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE"
SETTLED 1763
MObIFICATION TO USE/AREA"VARIANCE APPLICATIONS
TO: QUEENSBURY ZONING BOARD OF APPEALS
FROM: Grossmans Property Development
RE: Modification to Use Variance 88-1992
and to Area Variance 89-1992
Grossman's Property Development
The above variances were granted to the applicant at the
Board's regular meeting on August 26, 1992. Since the approvals it
has become necessary to make two revisions to the plan submitted to
the Board. The Planning Department has directed that the revisions
be submitted to the Board for its approval as a modification to the
previous applications, and accordingly the Applicant has prepared
this narrative of the revisions, attached copies of the previous
applications, and included prints of the revised site plan.
The two proposed revisions are as follows: 1) retention of
the existing northerly half of the ten bay shed at the westerly
boundary of the premises; and 2) construction of a roof shingle
rack extending southerly from the main retail sales building. The
proposed changes are not the result of any change in retail plans
or business at the site. All the reasons for the variances
previously set forth in the attached applications still apply and
are incorporated in this modification by reference.
The Applicant would like to retain the existing 10 bay shed
to allow neater storage, stacking, and selling of the existing
materials on the lot. The new shed to be constructed at the
• southerly end of the lot will be reduced from 5 bays to 4 bays, a
reduction of approximately 400 square feet. As the 10 bay shed is
an existing structure, no variance is required to maintain it as
is.
The Applicant would also like to construct the roof shingle
rack extending from the southeasterly corner of the existing retail
sales building. The rack will allow for orderly and protective
storage and stacking of the roof shingles and is actually provided
and preferred by the shingle supplier. It is an open -sided
structure. It will be located approximately 9.7 feet from the
easterly property line and will require a variance from the side
setback requirements. The rack will have no impact on the site
permeability or traffic flow.
• Dated: September 30, 1992
TJ HN H. RICHARDS, Attorney for
rossm� s Property Development
12. List the names and location of the parcel (include tax map number and zone)
of adjoining property owners.
NORTHERLY Across Quaker Road
Tax Map # 62-1-2
Zone HC - .1A
Name: Niagara Mohawk Power Corp
126 State Street
Albany; NY
EASTERLY
Tax Map $
Zone:
Name:
105-1-4.21
HC - lA
MB - New York, Inc.
Attn: Real Estate Dept.
P.O. Box 1000
Portland, Maine
SOUTHERLY
Tax Map it
105-1-2
Zone:
HC - 1A
Name:
D&H Corp.
P.O. Box 8
Clifton Park, NY
WESTERLY
Tax Map /
Zone:
Name:
105-1-2
HC - 1A
D&H Corp.
P.O. Box 8002
Clifton Park, NY
An AREA VARIANCE is a request for modification of the dimensional
standards contained in the Zoning Ordinance, such as yard requirements, setback
lines, lot coverage, frontage requirements or density regulations, in order that
the property may be utilized for one of the uses permitted by the Zoning Ordinance.
The applicant must demonstrate that strict application of the regulations would
cause practical difficulty. In making a determination of practical difficulty, the
Zoning Board of Appeals may consider:
A. How substantial the variation is in relation to the requirement.
B. The potential effect of increased density on public facilities and services.
C. Whether the variance will cause a substantial change in the character of
the neighborhood.
D. Whether the difficulty can be feasibly mitigated by some other method.
• The Zoning Board of Appeals may grant the minimum relief necessary to allow
reasonable use of the land in question. It is the applicants lob to prove that a structm
which conforms to the Ordinance cannot be placed on the site Alternative plans may
have to be orov,ded_
Please answer the following questions. Attach additional sheets if necessary.
�3. Describe the practical difficulty which does not allow placement of a structure
which meets the zoning requirements. See Attached
14. Is this the minimum variance necessary to alleviate the specific practical difficulty
or is there any other option available which would require no variance?
• See Attached
15. Would this variance be detrimental to the other properties in the district or
neighborhood or conflict with the objectives of any plan or policy of the Town?
See Attached
16. What are the effects of the variance on public facilities and services?
None
17. Is this request the minimum relief necessary to alleviate the specified practical
dif ficulty?
Yes
10
Supplements to the Area Variance Application
Explanations (correspond to questions on the application):
13. The proposed action includes the construction of a canopy structure to cover the
lumber stock yard. This is planned in an effort to reduce the volume of lumber
lost due to weathering.
Considering traffic patterns and loading/parking for consumers, the placement
of this canopy structure must be slightly west of the existing lumber stock yard.
This location will not meet current set -back requirements on the principal leased
parcel. Therefore, an area (set -back) variance is requested. Please note that
an adjacent strip of land has been leased by Grossmans for over twenty-five
(25) years. If this additional strip is considered, the actual set -back would then
exceed the required set -back.
To accommodate the shift in the lumber stock yard location (the proposed
canopy structure), an existing storage shed will require relocation. The storage
shed currently has a "zero" side yard set -back. The relocated position will
increase the set -back, however, the structure will still not meet the current set-
back requirements. Therefore, an area (set -back) variance is requested.
14. The proposal submitted with this application is believed to be the. minimum
variance required to maintain the existing operation of the facility while
minimizing losses in stored materials due to weathering. Several other site
layout configurations were considered, all of which resulted in an increase in
density and impervious cover. The proposal submitted yields the least increase
in density, and a net decrease (minor) in impervious cover.
15. , It is our opinion that the proposed site improvements are not detrimental to the
adjacent properties in the neighborhood and, in fact would allow merchandise
is to be stored in a more orderly and attractive fashion.
40
r _ r
Area Variance
18. Other comments: None
MESSAGE TO THE APPLICANT/AGENT
We recommend your purchasing the ZONING ORDINANCE so that you may
be fully apprised of all Town of Queenabury regulations,
Please return the ORIGINAL APPLICATION with all pages intact. The Planning
Department requires 13 copies of your application. A complete application shall
include a variance site plan with narrative and supporting reports, if applicable.
All maps must be folded to an 8% by 14 inch or smaller format. All components
of the submittal must contain all information required under the applicablejown
law or regulation.
A complete application is necessary for placement of the Queensbury Zoning
• Board of Appeals agenda. The necessary information that you will need for a complete
variance site plan will follow after this message.
•
Applications must be received by 2 p.m. on the deadline date. The deadline
dates for submission are listed on the Deadline Submission Sheet available in the
Planning Department. However, submittals will be accepted prior to the submission
deadline date for staff review and placement on the agenda.
Other permits may be required for construction or alterations subsequent to
approval by the Zoning Board of Appeals. It is the applicant's responsibility to obtain
these permits.
I have read and understan a above message:
Vid,
(signature of applicant) ignat of agent
Mark A. Giunta H. Th s J rett, P.E.
Grosswans C.T. le sociates, P.C.
Please attach the following items to your appl ton:
19. A site plan showing existing and proposed features of the property, including:
lot dimensions
north arrow and scale
location and dimensions of existing
and proposed buildings, showing setback
distances and uses
parking layout to scale
physical features (streets, steep slopes,
lakes, wetlands, etch y
F. location of water and sewer systems, if applicable
A.
B.
C.
D.
E.
i1
N
I
, - Y
20. A location map showing the site within the Town.
IN THE SPACE PROVIDED BELOW, draw an overview (site location) of where your
property is located in the Town of Queensbury.
Show north arrow, street corners (name them) and identify your property. Note:
this particular map does not have to be drawn to scale.
•
Queensbury Zoning Boatel of Appeals
Checklist
Draw to scale (preferably 1 inch equals 40 feet or Iesk) a detailed description
of the proposed site.
A. Title of drawing, including name and address of applicant and person 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. Existing watercourses, wetlands, and other waterbodies.
E. Location of all existing principle and accessory structures and their uses with
exterior dimensions and lot line and waterfront setbacks.
F. Location of all proposed principle and accessory uses and structures with exterior
dimensions and setbacks.
G. Location of any existing or proposed easements, driveways, outdoor storage
and refuse containment areas, including setbacks.
H. Location of existing and proposed sewage disposal facilities, including lot line,
waterfront and well setbacks. Also, location of existing sewage and water
systems on adjoining lots.
I. Location and description of existing public or private water supply.
J. Description of the method of securing public or private water and location.
K. Location and design of all existing and proposed parking and loading areas,
showing driveways, ingress, egress, handicapped parking and curbing.
L. Total number of existing parking spaces, including the number of those to
remain or to be removed, those to be paved, those to be gravelled, and total
number of proposed new paved spaces and proposed gravelled spaces, including
basis for determining parking adequacy.
M.
Location, design, and construction materials of all existing or proposed site
•
N.
improvements; including drains, culverts, retaining walls, and fences.
Location,
setbacks, and size of all existing and proposed signs; including design
and construction details of proposed signs.
O.
Location and proposed development of ail buffer areas, including existing
vegetative cover and screening of storage or refuse areas.
P.
Location and design of all existing and proposed outdoor lighting facilities.
Q.
Identification of the location and amount of building area proposed for retail
sales or similar commercial activity.
R.
If applicable, the applicant is required to submit a Material Safety Data Sheet
(MSDA) as required by the Environmental Protection Agency. The list must
include the chemicals and hazardous materials to be stored and used on site
and the quantities of such. The plan presented to the Board must show any
storage and containment areas.
S.
General landscaping plan.
•
T.
Other elements integral to the proposed development as considered necessary
by the Zoning Board of Appeals.
U.
The applicant has to accurately identify all setbacks between buildings and the
property boundaries. All areas where variances are requested must be clearly
identified and accurately measured.
current setback proposed setback
(feet) (feet)
side yard
front yard
rear yard
shoreline
Structure
Structure
sq. ft. (current size)
sq. it. (proposed size)
Applicants should be advised that they are to address all of the items on the checklist.
If the required information is not on the submission, the application will be removed from
the agenda.
Applicaat/Agent, please initial[ '
TOWN4OF QUEENSBURY
1, Mark A. Giunta
Tax Map Number 105-1-3
Occupants Representative
(liEl1�1<l�i✓ti�rf of premises located at Quaker Road
hereby designate C.T. Male Associates, P.C.
as my agent regarding an application for ($�(1ShcWt�idd,�gxl�tddhid✓�i✓, Variance) of the
above premises.
Deed Reference Book 683 Page 566 Date 7/11/86
Does the above parcel represent owner's entire contiguous holdings? Please attach
explanation. Property is leased.
Signed:
Date:
I PLEASE READ AND SIGN
"The parties hereto consent that the proceedings which result from the within
application may be tape-recorded and transcribed by the Town Clerk or his agent and
that such minutes as may be transcribed shall constitute the official record of all
proceedings regarding this application, unless the same may vary from the handwritten
minutes taken by the Town Clerk or the Secretary of the Planning Board or Zoning Board
of Appeals, in which event the handwritten minutes as to such inconsistencies shall be
deemed the official record." �7
�Ua-Airans
Date: Z4 JJ(,y 17,
Appendix C QCLI
Slate Environmental puslity Review
SHORT ENVIRONMENTAL ASSE6S T F
For UNLISTED ACTIONS only j t �j i E
PART 1—PROJECT INFORMATION ao be complated by Applicant or pr0)ect sponsor)
1. APPLICANT BPON60R
Grossmans / C.T. Male Associates, P.C. G osEsmansM111.
S. PRO.IECT LOCATION: Sion
Munlcipanty Town of Queensbury CO'Aly of Warren, New York e. PRECISE LOCATION (81rwt soma am road intereectlons. Promment lendmaraa. eta.. a provide map)
On the south side of Quaker road (NYS Route 254) approximately 1300 feet west of
Quaker Road and Bay Road intersection.
e. IB PROPOSED
❑ NO.
e. DESCRIBE Pat
Grossmans proposes to relocate an existing five (5) bay storage shed (requiring side
Yard set -back variance) and construct a canopy for covered storage of lumber
(requiring a side yard set -back variance).
7. AMOUNT OF
Innauy a.4jo— 2.238±
Wtlmately ecrea
a. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTION57
❑Yes ®Nd HNo, dascrIO4II y Set -back (area) variances will be required and site is
an e.4:isting non -conforming use. Expansion requires a
Use variance.
e. WHAT 16 PRESENT LAND USE IN VICINITY OF PROJECT?
0Rgx4etiw ❑Industrial ®Cdrmnamlal ❑A rlCulturs
Des"am e i ❑Puk/FwnVOPen aoacs 00tner
Highway CanTercial - one (1)Acre (Hc - 1A)
II DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW Oft ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL.
eTATE OR LOCALp
®Yea ONO It Yes- un aeeney(s) and permlt(APProvsla 0 ) Will require Warren County Approval of
Variances. (2) Will require site plan approval from the Town of Queensbury and Warren
County. (311 ) IIII Will 11 req11 u11 ire a Building Permit from the Town of Queensbury.
it. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Yea ®No it Yee, pst aeencY nami and PsrmlVso;rI
42. AS A RESULT OF PROPOSED ACTION WILL EXISTING
❑ Yu M.
I CERTIPY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
APWIadUsporAw mar A. (i to
Oau: t4 J.1c.Y I L
EtlenAtwe:
if the 1111101101119 In the Coastal Area, and you era a State agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
i
PART 11—ENVIRONMENTAL ASSESSMENT fro be completed by Anenrvl
A. DOES ACTION IJXPEED ANY TYPE t THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use iM FULL EAF.
❑Yea XLJ No
6. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? If No, a negative declaration
vinalli superseded by another Involved agency. _
Yes ❑ No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If 1"Ibla)
CA. Existing air Quality, surface AN groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
Potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archasologicat, historic, or other natural or cultural resources; Of community or neighborhood character? Explain briefly:
1 C)
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
Cs. 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
/, J
C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly.
N�
06. Long term, short term, cumulative, or other effects not Identified In C1-05? Explain briefly.
i
C7. Other Impacts'lincluding changes In use of either quantity or type of energy)? Explain briefly.
D. IS THERE. OR ISTHERELIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑ Yes l� No If Yes, explain briefly
ew eT w
"'—MCA IcnmINATION OF SIGNIFICANCE (To 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;
,irreversibility; (a) geographic scope; and (1) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
lexplanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adant,.t.l..nd..«.w
❑ 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 proDlde'on attachments as necessary, the reasons supporting this determination:
Name of Lead All
Print or T
� a ., � /'j• Ype Name o Ref onsi le Officer in Lea Asenry l e eRes portal a ¢er
Lanature o esporoi a icer in Lea AaencY
Signature replier g , ermt rpm rc>ponsi e o ¢erj
Date
.4_
NOTE TO FILE
APPLICANT: Grossman's Property Development
ZBA MEETING:
October 21, 1992
VARIANCE NO. 112-1992 EIAREA ®USE DSIGN
OTHER
The applicant is proposing to reconfigure their parcel by constructing a roof shingle
storage shed, a four bay storage shed and a covered lumber storage rack. A use variance
is needed for this expansion because it is a light industrial use in a Highway Commercial
zone. The property is +2.23 acres located on Quaker Road. The record reveals that the
site received a variance in 1968 to construct a three sided storage building, a variance
in 1987 to maintain an existing freestanding sign, and an Area Variance in 1988 for a building
addition to the rear and a three sided shed addition.
This is an unlisted action and the Board has to do a short form SEQRA prior to a
final resolution.
This application was reviewed with regard to the criteria for a use variance:
1. Is a reasonable return possible if the land is used as zoned?
This is a preexisting nonconforming use. The request is to maximize the potential
of the lot while affording greater protection for the product sold. It is debatable
whether a reasonable return can be made on this site if used as zoned. The buildings
and layout were designed for a functioning lumber yard/building supply center.
no no ne no no no no no no no ne no no ne
1oft
Use Variance No. 112-1992
Z. Are the circumstances of this lot unique and not due to the unreasonableness of
the Ordinance?
Yes. This use has been in existence for twenty-five years. All the existing structures
currently infringe on the setbacks. The lot is triangular in shape and there are
developmental limitations because of that.
3. Is there an adverse effect on the neighborhood character?
No. The applicant's operation has been at this site for a number of years and this
construction would not adversely effect the Quaker Road neighborhood.
SH/sed
2 of 2
rr
WARREN COUNTY PLANNING BOARD
THOMAS HALEY WARREN COUNTY MUNICIPAL CENTER RALPH BAILEY
CHAIRMAN LAKE GEORGE, NEW YORK, 12845 VICE CHAIRMAN
TELEPHONE [5181761-"10
DATE: October 14, 1992 RE: QBY UV 112-1992
TO: Queensbury Planning & Zoning
Town Office Building
Queensbury, NY 12804
Grossman's Property Development
Quaker Road
At a meeting of the Warren County Planning Board, held on the 14th
day of October 1992 , the above application for a Use Variance to relocate
an existing (5) bay storage shed and construct a canopy for covered
of lumber.
was reviewed, and the following action was taken. Recommendation to:
Q Approve () Disapprove () Modify with Conditions () Return () No County Impact
Comments: concur with local conditions.
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 noactlon 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.
Thomas Haley,
Ralph Bailey, Vice Chairperson
I'OWN OF QUEENSBURY
eL 531 BAY ROAD, QUEENSBURY, N.Y. 12804.9725 (518) 745.4400
RECORD OF RESOLUTION ILE
THEODORE TURNER, CHAIRMAN *Jl�IJIG
� R DYCEG�'GSOTON, SECRETARY
R.D. #5, BOX 409
139 MEADOWBROOK ROAD QUEENSBURY, NY IZ804
QUEENSBURY, NY 1Z804
VARIANCE NO. 113-1997 ®AREA ❑USE ❑SIGN
OTHER ZBA MEETING: OCT. 71, 1992
TO: Grossman Property Development
Z00 Union Street
Braintree, MA OZ184
PROJECT FOR:
Grossman Property Development
THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE ABOVE MENTIONED
REQUEST AND HAS RESOLVED THE FOLLOWING: R n v E !Jn
A.P°
MOTION TO APPROVE AREA VARIANCE NO. 113-1992 GROSSMAN'S PROPERTY
DEVELOPMENT, Introduced by Joyce Eggleston who moved for its
adoption, seconded by Theodore Turner:
And grant a modification to Area Variance No. 89-1992, granted
August 26, 1992, and the modification will allow the applicant to
locate a four bay covered storage shed on the rear of the property,
and grants relief of 7 feet on the westerly line, and 10 feet on
the easterly line. This appears to be the minimum relief needed to
accommodate the needs of the applicant. This will also grant the
applicant the right to locate a covered roof shingled rack on the
rear of the property, abutting the rear of the existing main
building. It will give relief of 10 feet 3 inches on the south
side. Again, this is a minimum request, and will not have an
adverse effect on facilities or services, and will help the
applicant to alleviate the specified practical difficulty. As
discussed in our previous motion, the site is triangular, and
currently all structures are nonconforming.
Duly adopted this 21st day of October, 1992. by the following vote:
AYES: Mr. Carvin, Mrs. Eggleston, Mrs. Paling, Mr. Thomas,
Mr. Sicard, Mr. Philo, Mr. Turner
NOES: NONE
SINCERELY,
THEODORE TURNER, CHAIRMAN
QUEENSBURY ZONING BOARD OF APPEALS
Approval of this application mean that
the applicant can now apply for a Building
Permit unless your lands are Adirondack
Park jurisdictional or other approvals are
necessary (such as review by the Queensbury
Planning Board).
TT/red
PLEASE READ THE BACK OF THIS FORM - Thank You -
cc: C.T. Male Assoc., P.C.
§ 179.92. Expiradon of variance.
Unless otherwise specified or extended by the Zoning Board of
Appeals, decision on any request for a variance shall expire if the
applicant fails to undertake the proposed action or project, to obtain
any necessary building permit to construct any proposed new
building(s) or change any existing building(s) or to comply with the
conditions of said authorization within one (1) year from the filing date
of such decision thereof.
§ 179-91. Hearing; decision; APA review.
A. Within thirty-one (31) days of receipt by the Zoning Board of
Appeals of a completed application for a variance, the Zoning
Board of Appeals shall give notice by public ad in official
newspaper of a public hearing to be held on the application not
less than five (5) days nor more than thirty-one (31) days after
the notice. The Adirondack Park Agency shall be a full party
in interest for all variance applications within the Adirondack
Park, with standing to participate in any and all proceedings
under this Article for which the Agency was required to be
sent notice under § 179-89B of this Article.
B. Within thirty (30) days of the final adjournment of a public
hearing called and held under Subsection A of this section, the
Zoning Board of Appeals shall grant, grant with conditions or
deny the variance applied for. The division of the Board shall
be in writing and shall contain each of the findings specified in
§ 179-88 of this Article and the factual basis for each finding
from the record of the hearing, which shall support the
decision of the Board.
C. For decisions involving lands within the Adirondack Park, the
Board shall notify the Adirondack Park Agency, by certified
mail, of such decision. Any variance granted or granted with
conditions shall not be effective until thirty (30) days after
such notice to the Agency. If, within such thirty -day period,
the Agency determines that such variance involves the
provisions of the Land Use and Development Plan as approved
in the local land use program, including any shoreline
restriction, and was not based upon the appropriate statutory
basis of practical difficulties or unnecessary hardships, the
Agency may reverse the local determination to grant the
variance.