Staff Notes for All Applications Staff Notes
ZBA Meeting
Wednesday, March 22, 2017
Queensbury Zoning, Boarls Agenda
Meeting: Wednesday, March 22, 2017 Time: 7:00- 11:00 pm
Queensbury Activities Center— 742 Bay Road
Agenda subject to change and may be found at., www.queensbury.net
Approval of meeting minutes- February 15, 2017
OLD BUSINESS:
Applicaut(s), Frank Perrotta.Jr. Artu'Variance No 2;-AV-4-2017
Owner(s) Frank PcTrottu .4r. SES
_QRA T 11
_-
A ens Dennis MaCE I= E'ot SW 5.52 acres
Location Sunset Ili II arra Zoning WR,-I A
Ward No. SubdivisIon 1 Knox RAmd access, Ward !
Tax Id NoX39 7-1-3a Section 179-3-040
Cross Ref P-811-4-2017;BP 2005-556 BGathouse, W11 rren COIN"tv Pin rmi ng JanuaTry 2017
Publie Eleariny,
SB 1 1-1996 Ex i ALD
LJgpuarX 1.8,2017-,March 22,2017
Project Description: Project Revise& Applicant proposes a,3,467 sq,ft.(fbutprint),8,625 q. it,(floor area)single-family home and
asso6ated sitewo& Relief requested from maxiMUM height restrictions. Plannhig Board- Site Plan Review for major storrawater and
pLojc t within 50 ft.of 15%slopes.
NEW BUSINESS:
Appli ajit(s) Bernard K.Gansle 1-rea Variance No I 7,AV-----1-2-2017
Owner(s) Bamard K.Gansle SX )11
RA Type 11
Agent(�) n/a Lot Size 023 acres
Location 5 Glen Hall Drive U"111g, WR-IA
Ward No. Ward I
Tax Id No 289AI-1-28 I Section 179-3.040, 179-13-0 1,0
Cross Ref AV 8,6-2,003 Warren County Manning na
Public Hearing I March 22,2017 Adirondack,Park Agency Ln/a
Project Description; Applicant proposer 120 sq.ft.addition- upper/mainfloor screened-in poreli, Project includes rernoval of 1,04 sal.ft.
patio. Relief'requcsted from minimurn shoreline setback requirements and for e"sion of nonconform Ing structure in a.CEA, Planning
Board: Pursuart 0 Chapter 179-13-010 ofthuZon[ngoTdinance, C�t to Piano Ing oard B
projects within 50 ft,Of IS%SIOPUshall be:subje
review and a
Applicant(s) michaArea VaHance No ul&Erin Gustke Z-AV-19-2017
Owner(s) Michael&Erin Gustke SEA Type 11
Agent(s) Ethan Hall,Rucinski Halt,Architects Lot Si2e 1,82 acres
Location 129 Eagan Road Zoning WR-1A,
Ward No. Ward 4
Tow Id No 315.9-1-8 Section 179-3-040; 1794-050
Cross Ref PmmSP-16-2017 i arrear a oun Plnnnin n/a
Public,Utaring March 22,2017 Ad irondack Par k ALency Wa
Project Description: Applicant proposes to deinohsh a 970 N.ft.seasonal carp and construct a 2,008 sq.ft,yew-round residence. Project
Includes new septic system and well,and site grading. Relief requested frorri,m in[mum setbacks and lot frontage requi rements.Also„relief
Is requested from maximurn height restrictions, Nanning Board: Pursuant to Chapter 179-6-060 of flie Zoning Ordinanoc,projects within
5�O ft, of 15%slopesshall be sujcct
Page 1 of,3
'Queensbuiry Zoning Board of Appeals Agenda
Meeting: Wednesday, Mor ch '22, 2017 Time: 7.00- 1 I:OD Pm
Queensbury Activities Centaur-742 Boy Road
Agendo subject to change and may be found at: www.queensbury.nef
Applicant(s) Carol Perkinsd&a Ray's Saivaize Use
'Variance No V-2-2017
awnet(9 Carol.Perkins, —.- _M9RAT Xpe Unlisted
Ageut(s) Jonathan C.Lapper,Esq.BPSR/Torn Wt Size 7,07 acres
Hutchins,PH Hutehins E2EjESEjag_
�Location 15 Pasco Avenue Zoning MDR
Ward No. W-ftrd4
Tax Id Ido 301.19-1-.10 Section ction 179�3-�040
Cross Ref tP-SP-19-2017 nty Pin nning n/a
Public Hearina I March-22,2017 Adirondack Park Agency Wa
FrojectUescription: Applicant propm, s replacement of office/salvage garage building reGeody destroyed by fire(May 2016). new
3,200 sq. 11.metal building is proposed of'which 1,200 sq. 11. will,be used as office space with remaining 2,000 sq,ft.used for auto Salvage.
Numerous out-buildings,sheds,and trailers will be removed ftom the property, Relief requested from allowable uses,in the MDR zoning
district, PlanningBoard: Site Plan ReyiqwMLfired for new commercial bumidin
Ap,PJI;gqffs)_ Fast Trac(Qu*,er load h__ Area Variance 0 ZAV-17-2017
Owner(s) Birila Florist, Inc. SE QRA Type 11
Agent(s) , __-- NapienlaConsulting Lot Size 723 acres
Location, 773 Quaker Road Zoning
Ward No. Ward 2
Tax Id No 303,15-1-27 Section 179-3-040
Cross Ref P-SP 21-20,17;Z-SV-2-2017; Warren County Planning March 2017
SP 14-2005;SP 44-21114;DISC 3-2017
P bite Hearin Mareh 22,2017 Adirondack Park AgSRcy_ n/a
Project Description: Appi icant proposes 5,900 sq, ft.convenience storewi th 6,000 9q,ft.fuel canopy(S gtasoli ne:fueling dispensers)and
1,75D sq.ft,diesel station canopy(3 diesel Meting dispensers). Project occurs on the:existing Binley property.The greenhouse units to be
rowed and area to be.re-graded-Bin toy retail building to be reinoved;made pad ready. Relief requested far canopy setback. Planning
Board. Pursuant to Chapter 179-3-040 of the Zoning Ordinance,new commercial use shall be subject to Planning Boardreview and
I Eproval,
Applimnl(o I Fast Trac(Quaker Road) Shin Variance No Z- V-2-2017
8 inley Florist,Ine, �Tr ---e Unlisted
ens Napierala Consulting Lot Size 7�23
Location 773 Quaker Road(at Dix Avenue:intersection) Zoning
Ward No. Ward 2, i-
Tax Id No 303.15-1-27 Section
ItS 140
Cross Riff P-SP 21-2017;Z-AV-17-2017, Warren County Planning March 2017
SP 14-200,SP 44-2014;DLSq 3-2017
Public IlearinMarch 22,2017 Adirondack Parlk,Aa ena baa.
Project Description: Xpplicant proposes installation of a-1&5 sq.,ft, freestanding sign on QuakcTlIoad. Also,proposed is the installation
or as 783 sq,ft,wall sign on the front fficlAg side of floe new convenience store/building. Relief requestcd from maximum size re:5tricilons
for the freestanding Sip, Also.relief requested from number,of allowable:wall signs',2 allowed;3 are proposed—32 sq.,ft. wall sign.to be
instnailed on the side of the building;78.7 sq, ft.wall sign to be installed on the firoa of the building;and a 22.2 Sq.I canopy sign to be
installed on the new gasoline canopy structure.
Page 2 of 3
110"N'
Queensbury Zoning Board of Appeals Agenda
Meeting. Wedne�,day, March 22, 2017 Time: 7:00- 11 1:00 pm
Queensbury Acilvitles Center-742 Bay Road
Agenda subject to change and may be found at www qui eeinsbury.net
Z-AV-18-2017
least (Cori Area Variance No
F(40]�w)yt��I'C:Lr�"t—s"� Jerry Nud1,SwLtcho LLC if I1.
AgentNapierala Consjj�... 'Lot Size: 2.155 acres
Location 220 Corinth�Road Zoning, CI-18
Ward No. Ward 4 11
Tax Id No 309.13-1-35 Section 179-3-04O
Cross Ref P-SP 22-2017;.P-SLIP-5-2017; Z-SV-3-2017, Warren County Planning 141arch 2017
SP 1>2 51-2016&AV PZ 69-2016 Hotel,
DISC 2-2017
Public flearin.1 FMar h 22,2O 17 _�dlrortdack Park Agency, ririga/
Project Description: Apphearit proposes construction of a 5,900 sq, ft-convenience store with 7.752 sq,ft.fuel canopy(10 gasoline
reeling dispensers)and 2,008 sq. ft.diesel canopy(3 diesel fueling lisp en,sers). Project includes Clearing 215 acre parcel,installation of
new curb cut on Corinth'Road,2 nmv curb c;WS on private drive and other site work. Relief requested from minimum permeability
requirements. Planni Board: Pro ect subiert to Site Plain Revie.w and Spccia]Use Permit.
Applicant(s) Fast frac(Corinth leadl11avariance No Z-SV-3-2017
owncs Jerry Nudl,SwitSho,LLC N TRe Unlisted
Agent(s) Ngierala Coitsulting Lot Size 2,155 acres
Location 220 Corintli Road Zoning 0-18
Ward No. Ward 4 —1
Tax Id No 309.13-1-35 Section Chapter 140
Cross Ref P-SP 22-20 1? P-SUP-5-2017, Z-AV.18- Warren County IpIanning March 2017
2017, SP PZ 51-.2016,r AV PZ 69-2016
Public LHIOM1,D)ISC 2-�2017 Adi ronda&Park AUng nda
Project Description: Applicant proposes installation of a 76.5 sq.ft, fireesranding sign on Corinth Road, Also,proposed is the installation
ofa 78.7 S4.'ft. Wall sign on the front facing side:of the new convenience store I building, Relief requested from maxImum slzc restrictions
for the freestanding sip. Also,relief requested from number of al lowablawall signs,2 al lowed, 3 are proposed-32 sq, ft, wall sign to be
installed on the side of the bei Idi ng,78.,7 sq.k%val.] sign to be installed on the front of the building,and a 22,2 sq.ft.canopy sign to be
installed orr this n� saline canoe structure,
Applic!ant(s) Hilliard„lyres', Lyon&Cerny '09._ Hance No Z-AV-15-�2017
Ow,ner(s) _57a;72&Lisa Doster SEORA TY e 11
Agent(s) T=X Clothier Lot Shw 0.95 acres
LocRtton 94 Ash Drive,northwest side of Olen Lake Zoning Wit-I A
Ward No. Ward I Adi rondac k Park Agenq 11
Tax Id No 289.17-1-5 Section 179-5-060
Cross Ref P- P-17-2017;P- 1.1P-3-2x117 Warm Coun!y Planning rk/a.
Publl��[ March 22,2017 n1a
Project Description: Applicants propose construction of a,4 ft,wide,40 fl, length do&. Relief requested from mininiurn side setback
requirements for docks, Easement area is deeded to the four applicants as their aon-waterfront properties are located In close proximity to
the lakefront property that provided a 4 ft.pedestrian access path to a beach,and seasonal use,of a removable d,odk. Dock installation is per a
Court0rder. Planrdna Board., `site Plan Review and Special Use Permit IR�e ui.r�,d for the establishment of a ClIm A,Marina,
Any further business that the Chninrtaii determines,may be properly brought before the Zoning Bo,nrdof Appeals.
Revised Final Agenda Version: 3/1 5120 1 7 removed Admin. lteai as applicant has withdrawn AV app-CWsh
Final Agenda Version: 212712017 LM/sh,
('age 3 of 3
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Arca Variance No.. 4-2017
Project Applicant: Frank Perrotta Jr'.
Project LGcRtion, Assembly PGint-Sunset Hill Farm Subdivigion[Knox Road Access/Ward I
Parcell History: P-SP-4-2017; BP 2005-556 Boathouse; SB 11-1"6
SEQR Type: Type II
Meeting Date: March 22,2017
]Description of Proposed
Project Revised: Applicant proposes a 3,467 sq. ft. (footprint), 8,625 sq. ft. (floor area) single-family home and
associated sitework.
Relief Required:
The applicant requests relief frorn, the maximum height restrictions of the Waterfront zone.
179-3-040 Establishment oft istr.icts-dimensional reguirement WR gone
The applicant proposes, construction, of 3,467 sq ft home:'with three levels where the height proposed is 32 °ft and
28 ft is the maximum allowed.
kriteria Lte r i—a--fo-r considering an Area, Variance according to Chapter 267 of Town La-W-J
In making a determination, the board shall, consider:
I. 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. 11 nor no impacts to the
neighborhood may be anticipated.
2. 'Whether the henefit sought by the applicant can be achieved 'by some method, feasible for the
applicant to pur'sue, other than an area variance. Feasible alternatives may considered limited due to
the design of the home to work with the slopes of ft site.
I Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code, The plans show the relief requested is only for a portion of the house 18+/- ft of a 7'0 ft
roof line- left elevation north side, on the shoir. side ft in length of a' 0 �ft roof line. Relief is requested for
-4 ft,,
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated.
S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created
staff�c��nx�eants;
The project site is lot 6 of the Sunset Hill Farm Subdivision with access from Knox Road. next to a borne at 54
Knox Rd. he project is for the constrootion of a 3,455 sf home that is located within 50 ft of 15"/o slopes. The
land disturbance is ,300 sf with the home being built Nkith slopes of the property. The driveway is a shared
driveway as part of the Sunset Hill Farm Subdivision that, will have access on Knox Road. Shallow grass
swales are prospered on the site and new grading is directed to, the swales for stormwater. The well location is
west side of the home and the septic is on the, east. There are existing,overhead, utilities for neigliboring homes.
The elevations show the horn, c 'being constructed using the slope of the site. The west side of the )Home will
have the main entry way, garage access and driveway area-, the cast side will includethe outdoor patio area,
main floor deck. area and view towards the take. The plans have been revised to show the height at 32 ft for a
portion of the home.
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(Lavr2simiry
Area.Variance Resolution To Approve Disapprove
Applicant Name: Frank Perrotta, Tr,
Uw
File Num be r: Z-A'V-4-2017 FT
Location-. Assembly Point
Tax Map Number: 239.7-1-38
ZHA Meeting Date: Wednesday, March 22, 2017,
The Zoning Board of Appeals,of the Tovm of Queensbuiy has received an application from'Frank Perrotta,
Jr. Project Revise& Applicant proposes a 3,467 sq. ft. (footprint), $,625 sq. ft. (floor area) single-family home
and associated sitework.
The applicant requests relief frm the maximum height restrictions of the Waterfront,zone.
179 -04O Establishment of Districts—dimensional reauirement WR zone
The applicant proposes construction of 3,467' sq ft home with three levels where the height proposed is 32 ft and
28 ft is the maximuni allowed.
SEQR Type 11 —no further review required;
A public hearing was advertised and held on'Wednesday, January 18,2017 and left open;
Upon review of the application materials, information. supplied during the: public hearing, and upon
consideration of the critena specified in Section 'l 79-14-0O(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we Lind as follows:
P1'11t 111[" DRAFT PROViDE,D TAF.1"
1, There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternativesare and have been considered by the Board, are reasonable and have been
included to minimize the rearrest OR are notXgssible.
3, The requested van ance:is/ is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district�?--
S. Is the alleged difficulty is / is not self-created because
6, In addition the Board finds, that the beneflit to the applicant 'from granting the requested. variance would
outweigh (apRuoyyj) / would be outweighed by (denial') the resulting detriment to the health, safety and
welfare of the neighborhood or cornmLinity;
7. The Board also finds that:the,variance request under consideration is the minimurn necessary;
S. The Board also proposes the following conditions:
a), -
b)
c) Adherence to the items outlined in the f6flow-up letter sent With this resolution.
BASED ON THE ABQYJL_'F'NMI MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
No. -AV-4-2017, Frank Perrotta Jr., Introduced by. ,wh o moved for its adoptio�n, secondedby
Duly adopted this 22"d day of March 2017 by the following vote:
AYES:
NOES:
S JF
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area,Variance No., 12-2017
Project Applicant: Bernard K,. Gansle
Project Location- 5 Glen Hall Drive/Ward I
Parcel History: AV 86-2003
SEQR Type: Type 11
Pik ecting Date- March 22, 2,017
J.Degeription.of Proposed Project:
Applicant proposes 1.20 sq. ft. addition- upper/main floor screened-in porch. Project includes,removal of 104
sq. ft. patio.,
Relief Required:
The applicant requests relief from the setback restrictions of the Waterfront ,one and for expansion of
nonconforming structure in a CEA.
179-3-040 Estalalishment of Districts—dimcqaioval 1gqA1rtMgn1]LR zone
The applicant proposes 1,20 sq ft screened in porch addition on the,main floor facing the shore. "1 addition is
to be 17 ft from the shoreline where a 50 ff setback is required.
179-13-010 ExL)ansion of non conformin,
g
The existing home is pre-existing non-compliant and the:addition furthers the non-compliance towards the
shoreline.
Criteria for considering an Area Variance according to Chneter 267 of T
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 createdby 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 afternatives may be limited due to the
configuration of the lot and orientation of the home.
3. Whether the requested area variance is substantial. The relief may be considered, substantial relevant to
the code for setbacks. The relief requested is 33 ft.
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 will have minimal
impact to the neighborhood. The applicant has applied for a septic variance and has been tabled at the Town,
Board for reducing the number of holding tanks.
,5. Wbether the alleged di,fficulty was self created. The difficulty may be considered self-created.
IStaff comments-i
Applicant proposes 120 sq. ft. addition- upper/main floor screened!-in. porch. Project includes removal of 1.04
sq. ft. patio. The new construction does not rneet shoreline setback and is an expansion of nonconforming
structure in a CEA., 'rhe project is also subject to site plan review for construction within 50R. of 15% slopes.
The applicant has also proposed holding tanks for the septic system—currently being reviewedby the Town.
Zoning Board of ,Appeals
Community Development Department Staff Notes
Zoning board of Appeals— Record of Resolution
�.
Town n Queensbury 4 l ay Road Queensbury, lw Y 12804 1 ) 761-823 8
.area Variance Resolution To: Approve l Disapprove
t�
Applicant Name: Bernard K, Gansle
File Number: - '-1 - , 17
Location- 5 glen Hall Drive
Tax Map Number. 289.11-1-28
ZBA Meeting Dente: Wednesday, March,22, 2017
"rhe Zoning Boardof Appeals of the Tawe of Qumnsbury has received an application from Bernard K. Gansle.
Applicatut propose 120 sq. fit; addition- upperinuuairn floor screened-iii porch. Project includes removal of 104 sq, ft.patio.
The applicant requests relief frorn the setback restrictions of the Waterfront zone and for expansion of
nonconforming structure in a SEA.
179-3-040_Establishment o1 Districts—dimensional re
The applicant proposes 1 sq fl screened in porch addition on the main floor facing the shore, The edition is
to be 17 „°fl ,from the shoreline where a 50, ft setback is required.
179-1 -010 Expansion of non.conforrrrin
The existing'
xisti:n, home is pie-existing non-compliant and the addition furthers the none-compliance towards the
shoreline.
EQR Type I1—no fkrther review required;
public hearing was advertised and held on Wednesday, .March 22,2017;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-O0(A) of the Queensbury Town Code and Chapter 267
ofNYS Town Law and after discussion and deliberation, we find as follows,:
PE TllE DDA l" PROVIl :l D B ' 'J"Af"1
L There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. and have been considered bar thin Boards are reasonable and have been
Feasible alternatr�°es ore . ...
t linin .ie tb m
included to �rogue t OR ire nkat. ossible"
. The requested variance is / is not substantial because,_
4, There is I is not an adverse irnpact on the, physical or environmental conditions in the neighborhood or,
district'?
5, Is the: alleged difficulty is npj self 7created because
,.
6. In addition the Board, finds that the benefit to the applicant from granting the requested variance cauilel
oqtweigh R, oyal) / Would be outLAcihqd l?y_(denialent to the health, safety and
the resulting detritn
welfare of the neighborhood or community;
7., The Board also finds that the variance request under consideration is the miairnu 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 AREA VAR1ANCE
NO. Z-AV-12-2Q 17 Bernard K. Gans]e Introduced by who moved, for its adoption, seconded by
Duly adopted this 22'd day of March 2017 by the following vote:
.AYES,-
'NOES-
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.- 19�-2017
Project Applicant: Michael & Erin Gustke
Project Location, 129 Eagan Road/Ward 4
Parcel History* Site Plan 16-2017
SEQR Type: Type 11
Meeting Date: March 22,2,41'
[Descrig!jon of Proposed
Applicant proposes to demolish a 970 sq. ft. seasonal camp and construct a,2,008 sq. ft. year-round residence
Project includes new septic system and well, and site grading,
Relief Required:I
'The applicant requests relief from the setbacks, lot frontage and height restrictions of the Waterfront zone
179-3- 40 Establi it of Districts-d
The:applicant proposes demolition of an existing dwelling to construct a new 2008 sq ft, dwelling where the east
setback is to be 13 ft 5 in where a 20 :ft setback is,required. The height is proposed to be 36 ft where the
maximum allowed is 28 ft.
179-4-05, -F-r-on-t-age-
"he access to the site is an casement from Eagan Rd. The project includes demolition and the access to the site
is to remain.
Criteria for,considering an Area Variance according to Chapter 267 of Tara
In making a,determination, the board shall consider-o
I. Whether an undesirable change wifl 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 impacts to the
neighborhood may be anticipated. The location of the new home is similar to the existing.
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 existing
site conditions with steep slopes. The area of the existing home is shown to be less steep,area of the
property.
3. Whether the requested, area variance is substantial. The relief may be considered moderate relevant to
the code, The setback relief requested is 6 ft 7 in, and the height relief requested is 8 ft in excess.
4. Whether the proposed varia"ce will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed will have minimal
impact to the neighborhood.
5. Whether the alleged difficulty was self cres ted, The difficulty may be considered self created.
The applicant proposes to demolish a 970 sq. I seasonal camp 'to construct a 2,008 sq. ft. year round residence.
The project includes installation of a new septic, well and site grading. Site plan review is required as the
project occurs within 50 ft. of 15% slopes
Zoning Roarpeals,
Community Development Department Staff Notes
Zoning Hoard of Appeals—Record ofResolution
Torn mf Queensbury 742 Bay load Queensbury, 1 .804 (518) '761-8238
fb arra of(;twensbury
Area Variance Resolution Tow Approve Disapprove
Applicant Name: Michael &Erin, Gustke
File Number: Z-AV-19-2017
Location: 129 Eagan load
Taxi Map Number15,8-1-8
BA Meeting Dante ` rednesday„ March 22, 2017
The Zoning Board.of appeals efthe Town of Queensbury nsbury leas receive an application from Michael & Erin Giastke.
Applicant proposes to demolish a 970 sq. ft seasonal camp and construct a 2,008 sq. ft. year-round residence.
Project includes new septic system and well, and site grading.
The applicant requests relief from the setbacks let,frontage and height restrictions of the Waterfront zone.
179-3-040,,Establishment ff' is is—dimensional requirement W..zone
The applicant proposes demolition, of an existing dwelling to construct a ne"w 2008 sq ft dwelling where the east
setback is to be 13 ft 5 in where a 20 ft setback is required, The height is proposed to be 36 ft where the
maximum allowed is 28 ft.
1794-1150 Frontage
The access to the site is an,easement from.Eagan Rd. The project includes demolition and the access to the site
is to,remain.
SEAR 'Type 1:1—no Rulher review required,
public hearing was advertised and held on Wednesday, March 22, 2017„
Upon. review ofthe application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in. Section 17'9-14-08O(A) of the Queensbury Town Code and Chapter 267
ofN Town Law and after discussion and deliberation, we find as follows:.
1, There is / Vis, not, an, undesirable change in the character :f' the neighborhood nor a detriment to nearby
properties because
Feasible alternatives are and have been considered by the Board, are reasonable gqLhAye 'Leen
' e ries"t O
included to minimize the� .. .�..are not possible.-....�.�
. The requested variance is/is not substantial hecause
4. 'There is / is notan adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. Is the alleged difficulty is / is not self-created because
6. In addition the Board finds that the beriefit to the applicant from gyanting the requested valiance ]6�
outweigh (approval) / would, be outweighed hy_`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 minitnum 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.
BASF,J) ON THE ABOVE FTNDTN(j,$,,,l MAKE A MOTION, 0 APPROVE / DENY AREA VARIANCE
O. Z-"49-2017, Michael and Erin G;;ft Introduced by _, who moved for its adoption,,. seconded by
Duly adopted this 2"day of March 22 2017 by the following vote:
AYES:
NOES,
Q1
'Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
'Use Variance No.: 2-2017
Project Applicant: Carol Perkins d/b/a Ray's Salvage
Project Location- 15 Pasco Avenue/Ward 4
Parcel History. Site Plan 19-2017
SEQR Type.* Unlisted
Meeting Date- March 22,2.017
Degeripition ot"Proposed Project;
Applicant proposes replacement of office / salvage garage building recently destroyed by fire (May 2016). A
new 3,200 sq:. ft. metal building,is proposed oaf'which 1,200 sq, ft. will be used as office space with remaining
2,000 sq. ft. used, for auto salvage. Numerous out-buildings, sheds, and trailers will be removed from the
property,.
LReliefs
The applicant requests relief from the MDR allowable uses
179.3-0 Establishm of Districts—MDR zone
The applicant proposes an expansion of a salvage yard operation to include a new 3,200 sq it building. The
building will use 2000 sq it for interior auto salvage and the remairding, 1200, sq ft for office area. This is to
replace a 1400 sq ft building that,was destroyed by fire. The site use of salvage yard is not a listed use in the
MDR zone.
Criteria for considering a Use Variance according to Chat r;267 of Town L
In making a determination,the board shall consider-
1. Whether the applicant cannot realize a reasonable return, provided that return is substantial as
demonstrated by competent financial evidence. The applicant,has indicated the property has been a salvage
yard since for a long time:—online history indicates 198 1. The applicant has provided information from a real
estate person and an engineer that explains to convert the site from a salvage yard would, cost about$460,000 to
develop a four lot subdivision and to sell the lots .for $115,000 to break even for the sale with no reasonable
return. Also,the letter,provided indicates the marketing the site for residential use and non residential use
allowed in the zone would not be successful due to the prior use.
2.Whether the alleged hardship relating to the property in question Is unique, and does neat apply to a
substantialportion of the district or neighborhood. The applicant has supplied information fiom a Real
Estate Sales Associate that indicates the property is unique as it has no access to Sherman Avenue unless the
ac oining parcel is also part of the marketing. In addition the due to the prior use the market,value would not be
reached as buyers would associate the salvage yard with difficulty to establish an,allowed use or residential use
I That the requested Use Variance, if go-anted will not alter the essential character of the neighborhood.
The applicant has,indicated the surrounding neighborhood contains other salvage yards and limited residential.
4. Whether the alleged diffliculty was self'ereated. The difficulty may be considered self created.,
FS—taff_C101P
The applicant proposes a new 40 x 80 metal building for office and salvage operations as the building is larger
than the previous building than, it is an expansion of the salvage operations. Site plan.review is also required for
the project. Tbe building office area is to be 1,200 sq. ft. and 3,0,00 sq ft for, auto salvage. The previous 1,411
sq. ft. building burned in May 2016.
Zoning Board of Appeals
Community Development Department Staff Notes
oni ng Boa of Appeals--Record of itesolittion
Town ovfQueensba;ry 742 Bay Road Queensbury, NY 12804 (51S) 761-8238
Use Variranve Resolution To- Approve l Disapprove
r
,applicantName- Carol Perkins d/b/a Day's Salvage
r
File,L"Vumber. Z-UV- -2017
Location. 1Pasco Avenue
Tax Map Dumber. 301.19-1-10
ZBA Meeting Date:. Wednesday, March 22, 2017
The ninBoaxrd of.A�ppeals of the Ta ra Of Laeensbury has received nay,application,from Car
Perkins d/b/a
Ray's Salvage for a varian,ce ofSection(s) 179-3-040 of the Zoning Cade of The Town rat' aeen,sburyu .
Applicant proposes rep]acement of office / salvage gage building recently destroyed by fire" (May 201
new 3,200 sol. ft., metal building is proposed of which 1,2110 sq. ft. will be used as office space vwith.
remaining 2,000 sq. ft. used for auto salvage..'1 "unneu us outbuildings, sheds, and trailers will be removed
from the property.
The applicant requests relief from the MDR allowable uses
179-3-040 Establishmotof Districts—MDR zone
The applicant proposes an expansion of a salvage yard operation to include a new 3,200 sq ft building.
The building will use 2000, sq ft for interior auto salvage and the remaining 1200 sq ft for office area.
This is to replace a 1400 sq ft building that was destroyed by fire. The site use of salvage yard is not a
listed use in the MDRzo.ne..
The four (4)criteria, usually associated with a Use'variance are:
1„ 'Whether the applicant cannot realize a reasonable return,provided that return is substantial as
demonstrated by competent mancial evidence" It is our finding that-
2.) Whether the alleged hardship relating to the property in question is unique, and does not apple to a
substantial portion.of district or neighborhood., it is our finding that.
„ That the requested Use Variance, if granted will not alter the essential character of the
neighborhood., It is our finding that.
4. Whether the alleged difficulty was sell"-created. It is our finding that.
Bas,ed upon our findings above, we:hereby determine that the applicant I'' 14A I [ HAS NOT I
demonstrated that the applicable zoning regulations and restrictions have caused unnecessary hardship.
[ (Note: use thefool owin g only when appraving a use variance.) "I'he Board finds that the variance under
consideration is the minimum necessary and adequate to address the unnecessary hatdship proven by the
applicant and at the same time preserve and protect the character of the neighborhood and the health,
safety and welfare of the community. ]
Based upon, all of the above, I move that this Board [ Approve Deny Use Variance Z-U'V-2-2017,
Carol Perkins d/b/a Ray's Salvage with the following,conditions:
Duly adopted this 22nd day of Match 2017, by the following,vote,
AYES-
NOES
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.. 17-2017
Project Applicant: Fastrac - Quaker Road
Project Location- 773 Quaker Road/Ward 2
Parcel.History: P-SP 21.2017; 7.-SV-2-2017, SP 14-2005; SP 44-2014; DISC 3-2017; P-SP
SEQR.Type: Type II
Meeting Date, March 22,201.7
Descj!Etion of Proposed
Applicant proposes 5,800 sq. ft, convenience storewitb 6,000 sq. ft. fuel canopy(8 gasoline fueling dispensers)
and 1,750 sq. ft. diesel station canopy (3 diesel fueling dispensers), Project occurs on the existing Binley
property. The greenhouse units to be removed and area to be re-graded. Finley retail building to be rernoved;
made pad ready,
Relief uireci
The applicant requests relief from setba&s in the CI zone (Commercial Intensive).
Section 179-3-040 establishment of districts-dimensional requirements CI zone
Section 179-4-030,travel corridor,overlay, _-Q�uaker Rd and Dix Avenue.
The applicant proposes construction of a new 5, 800 sq ft convenience store with 6000 sq ft fuel canopy, The
canopy to Quaker Rd side is to be 68 ft where a 75 ft setback is required.
c riteria for considering an Area.Variance acce rding to Chapter 267 of T
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,feasib,le for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered as the canopy
could be located at a 75 ft setback due;to the size of the parcel.
& Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief is requested for 7 ft for the front setback/travel corridor overlay.
4. Whether the proposed variance will havean adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated.. The project is subject to site plan review
and, a stormwater pollution prevention plan has been prepared.
5. Whether the alleged difficulty was, self-created. The difficulty may be considered self-created
staff com
Applicant' 800 proposes 5, sq. ft. convenience store with a 6,0,00 sq., ft. fuel canopy and a 1,750 sq ft. diesel,
canopy. The project occurs on the existing Binley property — applicant, to utilize two existing curb cuts, The
applicant has indicated the greenhouse units to be removed and the area to be regraded.. The Braley retail
building is to be moved, made pad ready —any new use would be subject to review. Project is subject to site
plan review for a new corrunercial use in the CI zone.
Zoning Board of Appeals
CommunRy Development Department Staff Notes
Zoning Boarof Appeals -Record of Resolution
ToAqiof QueensbLiry 742 Bay Road Queensbury, NY 12804 (518), 761-8238
owl
`rinvii of(LucurpsIniry
,area ''Variance Resolution To: Approve / Disapprove
Applicant Name: Fastract of (Quaker Road)
File Number: Z-AV-17-2017
Location-. 773 Quaker Road
IV
Tax Map Number: 301.15-1-27
ZBA Meeting Date. Wednesday, March 22, 2 01.7
The Zcyning Board of Appeals of the Town of Qijtensbury has received an application fiorn Fastract CaW
Applicant proposes 5,,800 sq. fl. convenience store with 6,000 sq. ft. fuel canopy (8 gasoline fueling dispensers)
,and 1,750 sq. ft. diesel station canopy (3 diesel fueling dispensers). Project occurs on the existing Binley
property. The greenhouse units to be removed and area to be re-graded. Binley retail building to be removed;
made pad ready.
The applicant requests relief from setbacks in the Clzone (Commercial Intensive),
Section 179-3-04f1 establishment of districts-dimensional re-quirementi C zone
Section 179-4-03 0 travel corridor overlay-Quaker,Rd and Dix .Avenue
The applicant proposes construction of a new 5, 800 sq ft convenience store with a 6000 sq fl fuel canopy. The
canopy to Quaker Rd side: is to be 68 ft where a 75 ft setback is required,
SEQ R Type 11 -no further review required;
A
public hearing was advertised and held on Wednesday, March 22, 2017;
Upon review of the application materials, infonnation supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-1.4-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law,and after discussion and deliberation, we find as follows:
Pl,-,,Jt THE DRAFT PROVID1.M, BY STAI-T
1. There is / is not an undesirable change: in the character of the neighborhood nor a detriment to nearby
properties because
1 Feasible alternatives are andhave been considered by the Board,, are reasonable and have been
included to, minimize the rem R.are notp ssiLle.
�p_ _
3. The:requested variance is /is not substantial beca'"H-
4, There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. Is the alleged difficulty is_f is,not self-created because
6.
T In, addition. the Board finds that the benefit to the applicant from granting, the requested variance would
..........bppx�oval /�W0Ubd__!M_qqt u lied !2X_(denial), the: resulting detriment to the health, safety and
welfare of the neighborhood or community;
8. "Me Board alsofinds that the variance request under cons,ideration is,the miiiimum necessary;
9The Board also proposes,the following conditions:
a)
b)
c) Adherence:to the items outlined in the follow-up letter sent with flis resolution.
j3AS D ON THE ABOVE HNI)INGS, L MAKE .A
NO. '- '-17- 17,, Fastract, Caf6 Introduced by_,, who moved f6r its adoption, seconded,by
Duly adopted this ,22 d day of March 2017by the following vote:
AYES,,
NOES:
Town of Queensib,ury 'Ztaro g Board of pp ails
Community Development Department Staff Notes
Sign Variance No.- 2-2017
Project Applicant: Fastrac (Quaker Road)
Project Location- 773 Qua ker Road card Z
Parcel History- P-SP 21-2017; Z-AV-17-2017; S13 14- 005; SP 44-2014; DISC 3-2017
SEQR Type: Unlisted
Meding Date- March 22, 2017
Description of Proposed
Applicant proposes installation of a 76.5 sq. ft. freestanding sign on Quaker Road. Also, proposed, is the
installation of a 78.7 sq, ft. wall sign on the front facing side of the new convenience store I building.
Relief Required.
ired.
The applicant requests relief from the maximum size restrictions for a freestanding sign and frum. the number of
allowable wall signs
S ectignj 40-6_Si as for high punits are required
The applicant proposes 3 wall signs where only 2 are allowed,— 3 2 sq. ft. wail sign to be installed on the side of
the building; 78.7 sq. ft. wall sign to be installed, on the front of the building; and a 22.2 sq. ft. canopy sign.to be
installed on the new gasoline canopy structure. Also the size for a wall sign is proposed greater than 30 sq ft,
The applicant also proposes a free standingsign of 76.5 sq.ft where 45 sq ft is the maximum allowed.,
[CH te—Hafor considering a Sign Variance according to Chapter 267 of"town Lnx
In making a detennination, the board shall consider:
L 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. varianice. Minor impacts to the
neighborhood may be anticipated as signs along the corridor are required to be compliant.
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 adjust the
number of signs and the size of signs.
3.
Whether the requested sign ,variance! is substantial, The relief requested tnay be considered moderate to
substantidl relevant to the code. '1'herelicf requested for the number of wall signs is 3 and only 2 are at lowed
and to total no more than 30 sq ft, relief requested for size of the free standing sign is 31,5 sq ft in excess.,
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
impact on the environmental conditions of the district.
5. Whether thle alleged difficulty was self-created. The difficulty may be considered self-created.
Staff colm
The applicant proposes the sign package that is associated with the construction of the Fastrac convenience store
and fuel service. The applicant has indicated the signage is similar to the existing businesses in the area.
Zoning Board of Appeals
Community Development Department Staff Notes
Zonin g Boa rd of Appea Is—Reco rd of solution
Town, of Qu een gb ury 742 Bay Road Queen bur' ,NY 12804 (518)761-8238
rolvil
Sign Variance Resolution To: Approve Disapprove
Applicant Name: Fastrac Cafe
file IN u in Der'. Z-SV-2-2017
Location: 773 Quaker Road at Dix Avenue intersection)
Tax Map Number: 303.15-1,-27
ZBA Meeting Date: Wednesday, March 22, 2017
The Zoning Board of Appeals of the Town of Queensbury has received an application from Fastrac CaN
for a variance from Chapter 140 of the Sign Code of The Town of Qtieensbury.
Applicant proposes installation of a 76.5 sq. ft., freestanding,sign on Quaker Road, Also, proposed is the
installation of a 78.7 sq,. ft. wall sign on the front, facing side of the new convenience store/building.
T be applicant requests relief front the maximurn size restrictions for a freestanding sign and frorn the
number of allowable wall signs
Section 140-6 Signs for which,i2ermits are required
The applicantroposes 3 wall signs where only 2 are allowed, — 32 sq. ft. wall s,ign to be installed on the
p I
side of the building; 78.7 sq. A. wall sign to be installed on the front of the building; and a,212 sq. &
canopy sign to be installed on the new gasoline canopy structure. Also the size for a wall sign is proposed
greater than 30 5q ft. The applicant also proposes a fi-e:e standing sign of 76,5 sq fl where 45 sq ft is the
maximurn.allowed.
SEQRType.: Unlisted [ Resolution/Action Required. for SE QRJ
Motion regarding Sign Variance Z-SV-2-2017 Fast�rac Ca% based upon the information and the
analysis of the above supporting documentation provided by the applicant, this Board finds that
this will not result in an,y significant adverse environmental impact* So we give it a Negative
Declaration., Introduced by who rmoved for its adoption, seconded by
Duly adopted 22"'] day of March 22,2017, by the following,vote:
AYES:
NOES:
A public hearing,was advertised and, held on Wednesday, March 22, 2017;
Upon review of the application materials, information supplied, during the public hearing, and upon.
consideration of the criteria specified in Section 179-1 -t of the Queensbury Town Code and
Chapter 267 ol"NYS Town Law and after discussion and deliberation, we find as follows,
I. Will an undesirable change be produced in the character of the neighborhood or w�ill, a detriment to the
�nearby properties,be created by the grantin g of the requested sign variance? IN S ERT RE S P ON SE
2, Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
pursue, other than an sign variance? Iii' ERT RESPONSE
3. Is the:requested sign variance substantial? INSERX RESPONSE
4. Will the proposed sign variance have an,adverse impact on the physical or environmental conditions
in the neighborhood or distrief? INSERT RESPONSE
5, Is the alleged difficulty self-created? INSERT RESPONSE
6In addition the Board finds that the benefit to the applicant from granting the requested variance
would out weig /would be outweiLhed b 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;
Based on the above findings I make a MOTION TOAPPROVE/DENY Sign Variance Z-SV-2-2017,
Fasb-ae C9%Introduced by who moved for its adoption, seconded by
As per the resolution prepared by staff with the following:
A. ::inscrt conditions,/ comments
& 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;
C. 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,
D. 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'
F. Subsequent issuance of further permits, including sign perraits are dependent on.receipt of these final
plans;
F. 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.
Duly adopted this 22 d day of March, 201 by the Ulowing vote:
YE
Ln
NOES:
Town of Queensbury Zoning Board of Appeals
Community Developmeni Department Staff Notes
Area Variance No.: 18-2017
Project Applicant: Fastrac—,Corinth Road
Project Location- 220 Corinth Road[Ward 4
Parcel History: P-SP 22-2017; P-SUP-5-2017; -' V- SP PZ 51-2016 & AV PZ 69-2016 Hotel,DISC
2-2017SEQR Type:
Miceting Date: Mareh 22, 2017
Description of Fropoged, Project-
Appli cant proposes construction of a 5,800 sq. ft,, convenience store with 7,752 sq. ft, fuel canopy (10, gasoline
fueling dispensers)and 2,00 8 sq. ft. diesel canopy (3 diesel fueling dispensers). Project includes clearing 2.15
5
acre parcel, installation of new curb cut on Corinth Road, 2 new curb cuts on private drive and other site work.
The applicant requests relief from permeability in the Cl 18 zone (Commercial Intensive-Exit 1,8 zone).
Section 179-17040 establishragot of districts-dim�ensio�nalre�uiremmnts
The applicant proposes construction of a new 5, 800 sq it convenience store with a 7,752 sq 11fuel canopy and a
008 sq ft diesel canopy. The project proposes 21% permeability where 30% is required.
Leit—e—riafor considering an Area Variance accordin;to Chapter 267 of Town Law:
In making a determination, the board shall consider:
I.. 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 on, area variance. Feasible alternatives may be considered limited due to
the size of the,parcel and project proposal
3. Whether the requested area variance is substantial. The relief requested may be considered minimal
relevant to the code. Relief is requested for 9%,
4. Whether the proposed variance,will, have an adverse effect or Impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated. The project is located in an existing
developing canunercial area.
5. Whether the alleged difficulty was self-created,. The difficulty may be considered self-created
staff c�rnuuner�ts
The applicant proposes a 5,800 sq, 1 convenience store with 752 sq. ft. fuel canopy and 2,008 sq., ft. diesel
canopy. The project includes clearing 2.15 acre:parcel, installation of new curb cut.on Corinth Road and 2 new
curb cuts on private drive.,
%1111 ,
Zoning,Board of Appeals _Record of Resolution
Town of Queensbury 742 Flay Toad Queensbery,NY 12801 (518) 761-8238
'F6kyrr QWV0).gbLfry
Area Vakiance Resolution TO: ,approve I Disapprove
Applicant Name: Rastract Cal6 (CorinthRoad)
File Number: -A '--15-2017
Location: 220 Corinth Road
Tax Map Number: 309.13-1-35
ZRA Meeting Date; Wednesday, March.22, 2017
The Zoning Board of Appeals of the Town of Queensbury has received.an,application from Fastr ct CRI6.
pplicant priapuses construction of a,'x,800 sq. f1. convenience store with 7,752 sq. f1, fuel canopy 10 gasoline
fueling dispensers) and 2,005 sq. fl. diesel canopy (3 diesel, fueling dispensers). 'Project includes clearing 2.15
re parcel, in ta;llation of new curb cut on, Corinth road, 2 new curb cuts on private drive and other site work.
The applicant requests relief from permeability in the Cl 18 zone (Commercial Intensive-Exit 18 zone).
Section 179-3-040 establishment of district :,dimeni n,al requirements
Thea applicant proposes
fap p p os es constrractin of a neer 5,, 800 ,convenience store with a 7,752 sq ft fuel canopy and a.
2008 sq f1 diesel canopy. The project proposes 21% peniaeability where 0% is required.
SEQR Type IT —no farther review required,
public hearing was advertised and held on Wednesday, March 22, 2017;.
'Upon review of the application materials, infortnation supplied during the public hearing, and upon
consideration, of the criteria specified in Section 179-1 d- . .) of the Queensbury Town, Code and Chapter 267
of NYS Town Law and after discussion.and deliberation, we find as fo,lln s;
PE"WrIJE DRAF PROVIDED BY STAF.V
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 lard, are reasonable and have been
included to mini i; e the requ OR are not possible.
. The requested variance is/is not substantial beta ust
4, There is is not,rrot, adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. Is the alleged difficulty i 1 is not self-created because
6. In addition the Board finds that the benefit to the applicant from granting the requested variance Would
outh oppv)val) / would, be outweighed hY,—(kAgU the resulting detriment to the health, safety and
'welfare of the ne:ighborhood or community;
7. The Board also finds that the variance request under consideration is the n-tiniintunnecessary;
8. The Board also proposes the following conditions:
a)
b)
e) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FTNDING$, LMAKE A MOTION TO APER—OVE 1,D,ENY AREA 'l E,
NO. ZAV-1,8,-2017, F astract Qaf6 Corinth Road ,-oduced by , 0 move,d for its adoption, �seconded
hiti wh
by_--:
Duly adopted this 22"" day of March 2017 by the following vote:
AYES.
NOES:
Town of Queens,bury Zoning Board of Appeals
Community Development Department Staff 'Notes
Sign Variance No.: 3-20117
Project Applicant; FaOrae-Corinth Road
Project Location: 220 Corinth Road[Ward 4
Parcel History- 11"-SP 22-2017; P-SUP-5-1017; ZAV-18-2017; S11 PZ 51-2016 & AV PZ 69-2016 Hotel,
DISC 2-2017
SE,Q R T y V,e. Unlisted
Meeting Date-. March 22,2017
LDes—tription of Proposed Project;
Applicant Proposes installation of a 76.5 sq. ft-freestanding sign on Corintb Road. Also, proposed is the
installation.of a 78.7 sq.. fl. all sign on the front facing side of the new convenience store / building.
Relief Required;
The applicant requests relief from the:ma imum, size restrictions for a freestanding sign and from the number of
allowable wall signs
Section 14)-6 Signs for whi LRermits are required
The applicant proposes 3 wall signs where only I is allowed.at 30 sq I or two wall signs no larger than O sq ft
total and no free standing sign), The main building sign is proposed to be 78.13 sq ft,, ffiel canopy sign at 22.2
sq ft, and wall sign,west side of building 32 sq ft. The proposed free standing sign at 76.42 sq ft where 45 sq ft
is the maxim, uria allowed.
Lri--tlt—ria for considering a Sign Variance atvording to Chapter 267 of Town L
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. Minor impacts to the
neighborhood,may be anticipated,as signs along the corridor are required to be compliant.
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 adjust the
number of signs and the size of'signs.
I Whether the requested sign variance is substantial. The relief requested may be considered moderate to
substantial relevant to the code. The relief requested for the number of wall signs is 3 and only 2 are allowed
and,to total no more than 30 sq ft, relief requested for size of thefiree standing sign is 31.5 sq ft, in excess,
4, Whether the proposed variance will have: arm adverse effect or imp et on the physical or
environmental conditions in the neighborhood or district. T.he project as proposed, may havenrininial
impact on the environmental, conditions of the district,
S. Whether the alleged difficulty was self-created. The difficulty maybe considered self-created.
Sluff comments:
The applicant proposes the sign package that:is associated with the construction of the Fastrac convenience store
and fuel service. The applicant has indicated the signage is utilized to for customers traveling frorn the northway
and the west towards the northway.
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 lay Road Queensberry, 12804 (518) 761-82,38
r
1�4wr`r a 'C��ccrasJraara
Sign Variance Resolution To: Approve l Disapprove
Applicant Name: Fastrac Caf6
r
FileNumber: Z-SV-3-2017 U An w,
Location: 220 Corinth Road
Tax Map Number: 309.13-1-35
ISA Meeting plane: Wednesday, March 22, 2017
The Zoning Board of appeals of the Town, f Queensbury has received, ars ap plication, from Fastrac Cafe
fOr a variance from Chapter 140 of the Sign Code of The Town of'Queensbury.
Applicant proposes installation of a 76.5 sq,. ft... freestanding sign on Corinth Road. Also, proposed is the
installation of a 78.7 sq. ft. wall sign on the front facing side of the new convenience store /building.
The applicant requests relief frorn the maximum size restrictions for a freestanding sign and from the
number of allowable wall signs
Section 140-6 Binns for which permits are requited.
The applicant proposes 3 wall. signs where only 1 is allowed at 30 sq ft. (or two wall signs no larger than
0 sq ft total and no free standing sign). The resin building sign is proposed to be 78.1 sol „ fuel
canopy sign at 22.2 sq ft, and gall sign west side of building 32 sq ft. The proposed free standing sign at
76.42 sq ft where 45 sq,ft is the, wa in um allowed.
S'EQR Type: Unlisted I Resolution 7.Action Required for SEAR
Motion regarding Sign Variance '' - -201'7 Fastrac based upon the information and the analysis
of the above supporting,documentation provided by the applicant, this Beard finds that this will not
result in any significant adverse environmental impact. Se we give it a Negative Declaration,
Introduced by who arrowed for its adoption, seconded, by
Duly adopted 2,2d day of March 201"7, by the following vote:
AYES-
NOES:
YEN E' :
A public hearing was advertised and heldr on Wednesday.March 224 2017;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14- O A of the Queensbury Town Code and
Chapter 267 of NYS Town law.and alter discussion and deliberation, we find as follows:
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? IN'S ER`1'`RE SPONSE
2, Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
PUTStle, other than an sign variance? INSERT RESPONSE,
3. Is the requested sign variance substantial? I.NS,EWI' RESPONSE
4, Will the proposed sign,variance have an adverse, impact on the physical or environmental conditions
in the neighborhood oy district? INSERX RESPONSE
5. is the alleged difficulty self-created? INSERT RESP'ONSE
6. In addition the Apard finds that the benefit to the applicant from granting the requested variance
would outerJh/��Id �bqoutweigh ed by the resulting,detriment to the health, safety and welfare of
the neighborhood or community;
7, The Board also rinds that the variance request under consideration is,the minimum necessary;
Based on,the above findings I make a MOTION TO APPROVE/ DENY Sign Variance Z-SV-3-22-
2017,Fastrac Cuff Introduced by I who moved for its adoption, seconded by
As per the resolution prepared 'b staff with the following:
A
inert conditions/ co—mments>:
B. The variance approval is valid fbr one from the date of ap,prov I ou yrequest an
etension of approval before the one (1) year time frame, expires;
C. 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
AP 's review is completed;
D. 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'
E. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final
plans;
F. 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, Lake0-corge
Park Commission or other State agency or department.
Duty adopted.this 22"] day of March 2017, by the following vote:
AYES:
NOES-
1'124
Town of Queensbury Zoning Board ol' Appeals
Community Develpment Department Staff Notes
Area Variance No.. 15-2017
Project Applicant: Hilliard,Tyrer, on & Cerny
Project Location: 94 Ash DrivefWa rd I
Parcel History: P-SP-17-2017;P- "-3-2017
SEQR Type. 'Type 11
Meeting Date:- March 22,2017
Description of Proeose Project:
Applicants propose construction of a 4 & wide, 40 ft. length dock.
LE!11—ief
The applicant requests relief from the dock setback restrictions of the Waterfront zone.
179-5-06Q.Docks—setba,(,-k re uirement.WR zone
The aPP licant proposes to install a dock in a court designated location where it will be 3 ftfroomthe property line
,
where a 20 ft setback is required.
kriteria par onsidering an Area Varianee,according to Chapter 267 of Tow
In making a determination, the board shall, consider:
I, 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 impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by so +e method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to
the court requirement and the existing area that was utilized for the tenants,dock.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief requested is 17 ft.
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 willhave minimal impact on the
physical or environmental impacts.
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
Ltaff comments:
Applicant proposes to install a 40,* x 4' dock and a pathway from Ash Drive to dock location. Project is
considered a Class A marina,, as dock is for more than one owner — a total of four. Project is part of a court
order for property owner to install. The project is subject to site, plan review and special use permit for a
proposed Class A marina.
Zoning Board of Appeals ecord of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 1,2804 18) 1-8238
lbugr of(lye alsbary
Area Variance Resolution To. Approve/ Disapprove
Applicant 1' arne. Hilliard,"Tyrer„ Lyon & Cerny a ` e � r
File Number- - -'15-201 �y
Location- 94 Ash Drive, northwest.side of Glen Labe � s
Tax Map Number. 289,17-1-
ZBA Meeting Date: Wednesday, Match 22, O17
The Zoning, Board of Appeals of the Town of Queensbury haus received an application from Hilliard, Tyrer, Lyon
Cerny. Applicants proposie construction of a 4 ft. wide,40 fL length dock.
The applicant requests relief from the dour setback restrictions of the Waterfront zone.
17 -5-060 Docks—setback re uirern nt WR ne
The applicant pr poses to install a dock in a court designated location where it will be 3 ft from the property
lire where a 20 'l setback is required.
EQR Type 11—no further reviewer required;
A public bearing was advertised and held on Wednesday, March 22, 1
Ripon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(,x.) sof the Queensbury Town Code andh pter, 267
of NYS Town Law; and after diseu,�ssion and deliberation, we find as follows.
IIER Tlil] lel F'I' Pl,,t,,Oit)lel BY 'l AF
L There is / is not an undesirable change in the character of the nei hhorhoudl nor a detriment to nearby
properties because
Feasible alternatives are and have bonen considered by the Board, are reasonable and have been
included to minimise the.rg-guuest OR,are�uo��.rwos ible,
3. The requested variance is ao is not substantial because
4, There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
. is the alleged difficulty is I is not sell"-created because
. In addition the Board rinds that the benefit to the applicant from granting the requested variance w ould,
outweighgygl / would be off, weighed b dcnial 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 itms outlined in the follow-up letter saint with this resolution.,
BASED ON THE AB VE FINDI.NGS I MAKE A MOTION ITT AP'PROVL- / DENY REA VARIANC
M,
-Z
NQ c option,NCS. - "®I - 17 Hilliard,T er, L on &—Cerny Introdu ed by who moved, for its ad
seconded by
Duly adopted this 22 d of March 0171 the following vote:
AYES:
NOES: