The URL can be used to link to this page

Staff Notes Packet ZBA Mtg. Wed., April 17, 2018 rc� � �� u�u ��o �, � ® �� o Queensbury Zoning Board of Appeals Agenda Meeting: Wednesday, April 17, 2019 Regt�lor Maating Time: 7:00 pm- 1 1 :00 Pm QtJeensblJry Activities Center—742 Boy Rood Agenda stl bjeci to cFlo nge and may be found ot: www.giJeensbtJry.net Meeting of Zoning Board Members with Town Attorney 6:00 pm-?:00 pm to tliscuss upcoming Appeals_ Approval of m¢¢Hng minutes: March 20.2019 NEW BUSiNE85: A ellanb Charles O.Freihofcc III Notire of A cal No NOA 1-2018 Own¢r s DarK Ba Pro c s LLC 8c Lawrrnce A.Davis SE RA II A ¢nt a John W.CafF Ca ffi Flower Lo<Size 1.5 Amvs ffi 0.23 Acres Location 3300 Stale Rovle 9L ZONng WR Ward No. Ward I Taz Id No 239.18-1-2'].1 ffi.2'].2 8¢ction Na Croas ltef SP 69-2010 Warr¢u Coun Plannin Na Public Hoarin A ril 10 20I9 Adirondack ParK A ¢ Na Project Ueacrip<lon: Appellant is appeali^g rice Zoning Adre:i^istrstov's lvttec of July 26.20I8 compbance letter for SP 69-2010 Gregory Temsi. SP 67-2017 Site Plana royal wss ted b the Planni Board for 4te constmc[ion of a sin le-£emit i:omv. A ollant: Cbades C.Freiho£cc III Notic¢^fA ¢al No NOA 1-2019 Owners DarK Ha Pxo erties LLC @ Lawrence A_Davis SE RAT ll A' en<a John W.Ca CaF ffi Flower Lot Sizc LS Acres ffi 0.23 Acres Location 3300 State Route 9L Zoning WR Ward No. Ward l Tax]d No 239.I8-1-20.1 ffi 27.2 Scctlon Na Croas R¢f 8P 67-2019 Warren Couu Plannin Na Publi¢H¢arin A zi117 2019 Adirondack ParkA c Na P reject Oocription: Appellant is appealing the Zoning Administrator's decision oFJanvary 4,2019 wbich[us bran detarnttnul tl:a[the two taz map bts owned by Lawrence A.Davis a^d Dark Bay Propertivs�LLC arc legally pro-existing aeparnte nonconfrarming bts. Tbc Appeal is m relation[o SP 6J-2019:Site Plana vat w tsmted b the Plannin Board£or tbv aombvation oFa stn Ic-£emit home. A licant a Miahavl D.Canaly Ar¢a Variance No Z�AV-13-2019 Owners Micheal O.Carole 8E RAT II A ent s Na Lot Siu 4.91 Acres Location 15 PicRle Hill Road Zoning LC-42A Ward No. Ward I Tax ltl No 265.1-64 Sac[ion 179-5-020� 109-3-040 Croas R¢f Na Warren Coun Plannin A ril 2019 Public H¢arin A ril 17 2019 AtllrontlacK ParK A a Na Project Oeacrip[ion: Applicara[pvoposes co o£a 1,440 sq.R.detached garage on an n8 4.42 acre Pareel where a ngly-£amity home witF:an t[ached garage already exists- RelieF requested£ram minimum sttba¢K requirements and for a second garage where only one such allowable wVresidence. Page 1 oF3 Queensbury Zoning Board of Appec�ls Agenda _ Meeting= Wednesdgy, April 17, 2019 Regular Meeting Time: 7:00 pm- 1 1:00 prn Queensbury Activities Canter—742 Boy Rood Agenda subject To cYlq nga qnd may be found qt: www.queensbury.net A licant• Robert 5 a[M1 Arna Variance N¢ Z-AV-16-2019 Owner a Robert 5 ath SE RAT II A ent a Na Lo<31zo 0.23 Acres Location 60 Russell Harris Road Zoning WR Ward N¢. Wardl Taz Itl No 240.5-1-10 5¢c[i¢n 109-3-040- ]09-13-010 Cr¢sa R¢F SP 22-2019-AV 59-2008'BOTH 354-2016 Warren Count Piannin A ril 20I9 Pubii¢Hearin A it lO 2019 Adtr¢ntlsch Parh A a ALD Project D¢acripti¢n Applicant proposes comtruc[ion of two r sidential addiiiona on eiLLter side of the existing home.The Rret addition will be [o the shoreline aide oFth¢hom¢q r ing 240 sq.R.roof to cr nutted ceiling for tht off oted living urea The second addition will be e 98 sq.R.of eacistingliving meat antl rebuild this portion of she home for new living space. P ject includes new 33 aq_R.entry with antl v 32 aq.R.a ing moF at the sboreRne side of[he homc.RelieF requested For setbaeRs,FAR and permeability: Plaxming Boartl: SRe Plan Review re u red for ex aF a noawniormin A iicant a Alex 8c Michelle Wilcox Ar¢a Varisnm No Z-AV-14-2019 Owner a Thomas Dubois SE RAT ]I A ant a Na Lo[Sic 1.93 Acres Location Comer Walkup Road ffi Moon Hill Rood Zoning¢ AR-3A Ward No. Ward 1 Tax ltl No 298.20-1-3 Sac<lon 199-3-040 Cross Raf SP 16-2019' AV 32-2018 voided-DISC i-2019 Warron Coun Piannin A AI 2019 Pubiit Hearin A it lO 2019 AtllrondacK ParK A ¢ Na Proja¢t D¢acrlptlon A➢Plicarrt Proposes wns[mction oFa 3.320 sq.R.aingle-fvmily home with asanaiatM site worK. TM1e house to b¢ cted is located wiRtin 50 R.of 15%slopes. The site indud¢s grading,lot olearing for M1ouse,septic and wall. The applicvnt Mas indiwtW for lotM1clearing nec¢sa may cam¢Fmm Walkup Rd.—a tamporaty construe to be added m drawittgs. RelieF is sought£or setbacks in a RR 3A mne for v lot size of 1.93 a Plarmin Bosa�i: Site Plot Review r u red for wnstmc[ion occuazin within 50 R.of 15%slo e A iicant a Stewart•s Sho s Co Area Varian¢¢ No Z-AV-19-2019 Owners Stewart's Sho s Co SE RAT R A ant a Chris Potter Lot Siu 1.04 Acres Location 34]Aviation Road Zoning NC Wartl No. Ward 3 Taz ld No 301.8-1-33 g¢ation ]09-3-040 Cross R¢( SP 0-2019;AV 5-2019;SV 1-2019.SP 22-93q Warren County Planning Na SP 1�-93;SP 20-94;SP 24-99;SP 5-2006;SP 02-201 O Pubii¢Hearin A ril 10 2019 AdlrondacK ParK A ¢ Na Project D¢aeNp<bn Applicant M1ea r aed plans For tit¢dmtolition of the cxis[ittg 4.935 sq.R.building to conso-utt v 3.696 aq_R.building (previously 3.g55 sq.RJ The foal canopy to also to be removed.a to be in felled of 1,460 sq.R.(previously 2.000 sq.R.). Plan mvislon o longer requires permeability reli¢£and side so[back has inerraccd f om 6 R.to 15 R. R¢licf rtquea[ed from m[mmtam setback r¢quir¢mants of the NC mni district. Planni Bovrd: Site Plen Review£or new buitdin and associated site im m Page 2 of 3 Queensbury Zoning Board of Appeals Agenda Meeting: Wtatl nestloy, April 1 7, 201 9 Reg�llor Meeting Time: 7:00 pm - 1 i:00 pm 4tieensb�lry Activities Center- 742 Boy Rood Agenda subject to cM1Onge ontl may be found ot: www.q�leens b[try.net A licant a Schern�erhorn Residen[ia3 Holdi Area Variance No Z-AV-18-2019 Owner s Sch�-c�ncrlmm Rcaidcn[ial Holdin s 3E RAT R A n< Nat¢En BPSR Lot Slu 16.53 Acccs l.oca[ion 1260-1264 West Mountain Rcad,tact side of Zoning O Wartl No. Wca[M[.Road.south oFOum Lune: Ward 1 Tax ld No 288.-1-64 Section l"]9-3-040 Cross Rcf 3P 23-2019;PZ 6-2003;SP 48-2000:SP 11- Warren Ccunty Planning April 2019 2010£or 60 wiSs:SP 69-2014 for 35 uNts Phns¢2 Public Hearin A ril 10 2019 Adirondack ParK A o Nv Project Dasarlptlon Applicant praposea constr[[e[ion oFa i6.530 sq.R 3-sorry multi-unit rcaiden[ial e re Tor 35 w t¢d with ing multi-unit residential buildings. Thep Jett is Plisse Three of Westbrook that mmpl¢tes the phesM plan where[h¢si¢ahvs 2 buildings i stin R¢li¢£re �a¢at¢df m mallOwablchc Rta[io p lican[a Walmart/Lc[icia Msrtincc Si n Varianc0 No Z-SV-3-2019 Owners Walmac[Real Estate Bnsiaess Tmst SE RA [JnliRed A ¢nt s Leticia Martinez Lot Slie 33.20 Aa[as Location 24 Qvak¢r Ridge Boulevard Zoning C] Ward No. Ward 2 Tax ld No 303.I5-1-25.1 Section Chv ter 140 Cross RaF SP 9-2019:SP 59-201"]:SV 9-2019:SP 6i- Warren Couuty Planning April 2019 2009' SV 1-2009 Public Hearin A r0 l7 2019 Adirondack Park A ¢ n/a Project Description Applicant proposes installa[inn for mber of wall signs that are in of both the maximum n mber of signs av wdl as[h¢previous Sign Variance approve!in 2009. R¢li¢F requested Sam maximum number of vllowabl¢signs Tor the business. SURVEY-WAVER RE VEST Any Sarthav business that the Chairman derormints may be properly brought be£or¢$�¢Zoning Board oFAppaals. P affie 3 of 3 Town of Quee nsbury Zoning Board of Appeals Community IJevalop ment Deportment Stofifi Notes Notice of Appeal: 1-2018 Appellant Caffry 8c Flower for Charles C_ Freihofer,III Prof¢ct Location: 3300 State Route 9L Meeting Date: April 17,2019 Information Requested: Appellant is appealing to the Zoning Board o{Appeals relative to a June 26, 2018 {arm letter{ram the Zoning Administrator relative to The issuance of Site Plan Review approval 67-2017; Gregory Teresi-. Staff Comments: First, Standing= Was the appeal taken within the appropriate 60 day time frame and is the appealing party aggrieved? The appeal was {sled within The required time£rame. The Notice o{Appeal application was Fled with the Town on July 3Q 2018. � While the appellant has not offered aay information regarding a direct damage or harm to them that differs from that o£the general publiq or an explanation o£how they era aggrieved, they are an adjacent property owner. Second, Merits of the argument i£the appellant is Found to have standing: The appellant is appealing a Zoning Administrator Form letter, sent to all applicants that are issued Following either a Planning Board or Zoning Board of Appeals decision_ The position of the appellant is that this£ox�nxt letter constitutes an appealable determination From the Zoning Administrator_ It is the Zoning Administrator position that the subj act letter does not constitute an interpretation, decision or offer any position or explanation of any section o{the Town Zoning Ordinance that the appellant has referenced. The appellant's main argument appears to be that the property involved in the SP 67-2017 application must be merged with the adjoining lands to the west aad, o e joined,treated as one parcel £or the purposes o£applying the provisions o{the Town Zoning Ordinance per 179-13-060,D_ The June 26,2018 latter from the Zoning Administrator does not refer to this section o{the code or render any determination or rnterpretation regarding the same. Zoaiag Hoard of Appals—R¢cord of R¢solutioa Town o£Queensbury']42 Bay Road Queensbury,NY 12804 (518) '/61-8238 r....�.„/ct«o. ..�. Noti¢¢of Appal R¢solutioa RESOLUTION TO. Approve /Disapprov¢ Notic¢of Appal No. 1-2018 Appellaat Nam¢. Charl¢s C_ Fr¢ihof¢r, III, Ag¢atc Joba W_ Caffry,Esq. Tax Map No_ 239_18-1-2']_1 8c 2'1_2 Prop¢rty Location= 3300 State Rout¢9L RESOLUTION TOc Approve ,Disapprove Appal No_ 1-2018 Charl¢a C_ Fr¢ihof¢r,III,Ag¢at Joha W_ Caffry,Eaq_, r¢garding prop¢rty owa¢d by Dark Bay Prop¢rti¢s,LLC Bc Lawrence A_ Davis at 3300 Stat¢Rout¢9L, Tax Map No. 239.18-1-29_1 Bc 2'1_2� The Zoning Board o£Appeals o£the Towa o£Queensbury has received as Appeal application from Charl¢a C. Fr¢3hof¢r. III; Ae¢nb Joha W_ Caffrv_Eso_ The Appellant is appealing the Zoning Administrator's letter o£Tuly 26, 2018 compliance letter£or SP 6"1-2017 Gregory Teresi. SP 6"]-2019 Site Plan Approval was granted by the Planning Board £or the construction o£a single-£ily home. SEQA Type II—no£urdaer review required; A public hearing was advertised and held on W¢dnesday.April 1'1_2019a Upon review o£the application materials, in£oraaatioa supplied during the public hearing, and upon sider tion o£the applicable criteria o£the Queensbury Town Code and Chapter 26'7 o£the NYS Town Law and a13er discussion and deliberation, we find as£ollows= L The Appeal was£sled, was not£algid within the required 60-day time£rame. 2. The Appealing Party is, is not aggrieved and were£pond fo have, not have standing. 3. The merits o{the argument as provided by the appellant with responses from the Zoning Administrator have been considered. It is our Landing that tkte positions offered by the appellant are, are not suf£acient to warrant ovea-haming the Zoning Administrator's decision at hand. Based on the above£dings I make a MOTION TO APPROVE./DEN Y Appeal No_ 1-2018, CHARLES C_ FREIHOFER, III, AGENT. JOHN W_ CAFFRY, ESQ. OF CAFFAY 8c FOWEA, Introduced by , who moved for its adoption, seconded by Duly adopted this I'1`^day o£April 2019,by the following vote: AYES: NOES: Town of Qateensbury Zoning Board of Appeals Community Oavalopment �eportmant Staff Notes Noti¢¢of Appeal. 1-2019 App¢Oant CaFFry 8c Flower for Charles C_ Fr¢ihof¢r, III P roj¢ct Location: - 3300 State Rout¢9L Meeting Date. Aprfi 1'1,2019 In{rmation R¢ u¢at¢d: Appellant is appealing to the Zoning Board o£Appeals relative to a January 4, 2019 letter£ram the Zoning Administrator relative to lands o£Davis. Staff Comments: First, Standing: Was the appeal taken wi8vin tine appropriate 60 day time frame and is the appealing party aggrieved? The appeal was £sled within the required tim¢S-ame_ • The Notice o£Appeal application was Sled witty the Town on March 4, 2019- • While the appellant teas not off red any information regarding a direct damage or harm to them that dilJcrs 8om twat o£trte general public, or an explanation o£how they are aggrieved,they are an adj aceni property owner. Second, Merits o£the argument i£the appellant is found to have standing: The issue at hand is whether two adjoining parcels are to be treated as one, £or zoning purpose, or to be treated independently_ The Zoning Administrator position is outlined in the January 4,2019 letter referenced above_ Paiupkuased,the position is that the parcels are to be treated independently as they were under separate ownership at the time o£ the proposed development_ The appellant's main argument appears to be that the preper�ty involved must be merged with the adjoining lands to the west and,.once jo ed,treated as one parcel£or tree purposes o£applying the provisions o£the Town Zoning Ordinance per 1"19-1 31 060, D. Zoaivg Board of Appeals—Record of A¢solution Town of Queensbury 742 Bay Road Qu¢ensbury,NY 12804 (518) 761-8238 r r........r c L�..�o..t,..n. Notice o{Appeal Resolution RESOLUTION TOc Approve /Disapprove Notice o£App¢al No_ 1-2019 Appellant Nam¢: Charles C_ Fr¢iho£ar,III, Agent. Joha W_Caffry, Esq_ Tax Map No_ 239_I8-1-2'1_1 �2'1_2 Prop¢t�ty Location. 3300 State Rout¢9L RESOLiJ"PION TO: Approve , Disapprove Appeal No_ 1-2019 , Charles C_ Fr¢ihof¢r, III,Ag¢vtc John W_ Caffry,Esq., regarding Property owv¢d by Dark Bay Properties, LLC 8c Lswreve¢A_ Davis at 3300 State Rout¢9L, Tax Map No.23918-1-2']1 8c 2'1_2i The Zoning Board o£Appeals o£tkae Town o£Queensbury has received an Appeal application from Charles C_ Fr¢ihof¢r. III. Ac¢at Jobv W_ CaffW. Esv. The Appellant is appealing the Zoning Administrator's decision o£January 4, 2019 which has been determined that the two tax map lots owned by Lawrence A. Davis and Dark Bay Properties, LLC are legally pre-existing separate nonconforming lots_ The Appeal is in relation to SP 67-2019; Site Plan approval was granted by the Planning Board £or the constmction of asingle-Family home. SEQA Type II—no further review required; A public hearing was advertised and held on W¢dv¢sday. Avril 17.2019: Upoa review o£the application materials, in£orrraation supplied during the public hearing, and upon sideration o£the applicable criteria o£the Qu¢ensbury Town Code and Chaptor 267 o£the NYS Town Law and aRer discussion aad deliberation, we £and as follows: 1. The Appeal was ftled,was not£sled within the required 60-day time£rame. 2_ The Appealing Party is, is not aggrieved aad were found to have, not have standing. 3. The merits o£the argument as provided by tkve appellant with responses£rom [he Zoning Administraxor have been considered. It is ur{thug that the positions o£Fered by the appellant re not su{facient to warrant ov¢rcirr-ring the Zoning Administrator's decision at hand. Based on the above Endings I make a MOTION TO APPROVE/DENY Appal No. 1-2019, Cusixi�ES C.FREIHOFEA, III, AGENT. JOHN W. CAFFAY, ESQ. OF CAFFRY Sc FOWEA, Inaoduced by , who moved£or its adoption, seconded by : Duly adopted dais 1']4°day o£April 2019,by the followiag vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community development De porim ent Staff Notes Area Variavc¢ No.: 13-2019 Project Applicant Micbael D_ Cavale Project Location: 15 PicLl¢Hill Road Parcel History: P84-03 �ivgi¢ family Lome building permit SEAR Typ¢a Typ¢II Me¢tiag Date: April 19,2019 Deacrfption of Proposed Proj¢ct- Applicant proposes construction o£a 1,440 sq_ R. detached garage on an existing 4.42 acre parcel where a single-family ho ¢with an attached garage already exists. Relie£requested fro - mum setback requirements and£or a second garage where only one such structure is allowable per parcel/residence_ A¢licF R¢quir¢d a The applicant requests relic£Rom minimum setback requirements avd£or a second garage in the Land Conservation 42 Acres. Section 199-3-040—dimensional r �rements "I7ae garage is to be located 54.4 R from the North properly line where a 100 R setback is required Section 199-5-01 O—earaae The applicant proposes a second garage where one is allowed. Criteria For considering an Area Variance according to Chapter 26� of Town Law. In maMvg a d¢t¢rminatiov, the board shall consider_ I_ WL¢tber an uvd¢sirabl¢ clang¢will be produced in tL¢ cLaract¢r of the veighborhood or a d¢trim¢vt to nearby properties will b¢ created by the granting of this area vananc¢_ Minor to no impacts to the neighborhood may be anticipated. 2_ Wh¢thar tL¢ b¢n¢ft a ught by tL¢ applicant c n be achiavcd by some mMLod, feasible for the applicant to pursue, other thaw av area variant¢_ Feasible alternatives be considered to include an addition to the existing garage_ The applicant has indicated a garage addition would be located in the existing driveway due to the pool location and ttae existing home orientation. 3_ WLeth¢r the requested a variance is substantial_ The relic£may be cohsidered substantial relevant to the code_ Relic£requested is to allow two garages where only o allowed. Relic£also requested £or setback o£45.6 R. may be considered moderate to minimal relevant to the code_ 4. Wh¢th¢r the proposed varianc¢will hav¢an adv¢rse eFFect or impact on the physical or mental¢ovditions in the neighborhood or district Thep ject as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. The applicant has indicated the placement is an existing lawn area of the property. 5. Wh¢ther th¢alleged difTaculty was self-cr¢at¢d_ The difficulty may be considered self-created. Staff comm¢nta- The applicant proposes to construct a 1,440 sq R detached garage_ The garage is to have a 12 R garage door and as door adjacent to the garage door. The new garage can be accessed from the existing gravel drive ar The applicant has indicated the existing garage is sed for stomge and a hobby project and the new garage will allow for storage of items and vehicles. The existing home is one story with an ura£rnished basement. Th¢ site has one existing shed. The parcel is 4.91 acres. The plans show the location of the new garage and elevations. Zoning Board of Appeals Community development �aportm ant Stoff Notes Zoning Board o£Appeals—R¢cord o£R¢soluHon Town o£Queensbury 742 Bay Road Que¢nsbury, NY 12804 (518j 761-8238 Ar¢a Varianc¢R¢solution To: Approve/Disapprove Applicant Name. Michael D_ Canale File Number. Z-AV-13-2019 Location: I S Pickle Hill Aoad Tax Map Numb¢r: 265.-1-64 ZBA M¢¢ting Dat¢: Wednesday, April 17, 2019 The Zoning Board o£ Appeals o£ the Town of Queensbury has received an application From Michael D. Canal¢. SEQR Type IZ—no Rnr@ter review r¢quired; A public hearing was advertised and held on Wednesday, April 17,2019; Upon review of the application materials, i�rcr:ation supplied during the public hearing, and upon consideration o£the criteria speci£v¢d in Section 179-14-080<Aj o£the Queensbury Town Code and Chapter 267 o£NYS Town Law and aRer discussion and deliberatioq we{d as Follows: PER THE DRAFT FROVIDED BY STAFF 1. There is / i not an undesirable change in the character of the neighborhood nor a detriment to nearby properties bec 2. Feasible alternatives are and have been considered by the Board, are sonable and have been ancluded to minimize the request OR are not possible. 3. The requested varaanc s/ i of substantial b¢¢aus¢ 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or districYl 5. The alleged difftculty is/is not self-created because 6. In addition the Board £ds that the bene£at to the applicant From granting the requested variance would t h C 1) / ld b - h d by (denial) the resulting detrime t to the health, safety and welfare o£the neighborhood or community; 7_ The Board also £nds that the variance request under consideration is the minimum n¢cessary; 8. The Board also proposes the Following conditions: a) b) c� Adherence to the items outlined in the Follow-up letter sent with Dais resolution. BASED ON TFIE ABOVE FINDINGS_ I MAKE A MOTION TO APPROVE/DENY AREA VARIANCE Z-AV-13-2019,Michael D. Canale, Introduced by , who moved£or its adoption, seconded by Duly adopted dais 19°�`day o{April 2019 by the Following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community l7evelopm ent Deportment Stoft Notes Ar¢a Varianc¢No.c 16-2019 Proj¢ct Applicaatc Rob¢rt SPath P roj¢ct Location: 60 Russ¢ll Harris Road Parc¢l History: SP 22-2019; AV 59-2008; BOTH 354-2016 SEQR Typ¢c Typ¢II M¢¢ting Dat¢: April 1'],2019 D¢acri tioa of Proposed Project: Applicant proposes c nstrucrion of two r sidential additions on either side of the existing home_ The £trst addition will be t the shoreline side o£the ham¢; r - fisting 240 sq. R. roo£to create a aulted ceiling for the affected living area. The second addition will bet aremove 98 sq- R. o£existing living area and rebuild this portion of the home for new living space. Project includes n w 33 sq. 8_ entry with cover and a 32 sq- R. ing roof at the shoreline side o£the home. Aelief requestd £or setbacks,FAR and permeability. Planrting Board: Site Plan Review requ red£or expansion o£a nonconforming stmcture. R¢li¢f Required: The applicant requests relic££or setbacks,Floor Area Ratio and periraeability in the Waterfront Residential Zone. 199-4-030 Dim oral requirements The applicant proposes renovations o£an existing home—the roadside addition replacement is to be placed'1.8 R £mm the side property line that requires a 20 R setback. The shorelin addition is 2.9 R from the side property lin where 20 8 is tequired. The new awning over the basement area on the shoreline side is t be 4.8 ft where 20 R setback is also required. by addition,relief is requested£or floor area ratio that is proposed to be 23% and 22% is the maximum allowed_ Criteria£or coasid¢rin as Ar¢a Varianc¢ according to Chapt¢r 26'1 of Towa Law: In maKing a d¢t¢rmfnatioa, th¢board shall conslder 7_ Wheth¢r an und¢sirabl¢Chang¢will b¢ produc¢d is th¢charaM¢r of th¢neighborhood or a d¢trim¢nt to n¢arby proP¢rti¢s will b¢cr¢at¢d by the graatiag of this area variance_ Minor to no impacts to the neighborhood may be anticipated_ 2. Wh¢th¢r th¢bea¢fit sought by th¢applicant can b¢ ackti¢v¢d by som¢m¢thod, f¢aafbl¢for th¢ applicant to pursu¢, oth¢r than an a Feasible alternatives may be limited due to the existing home orientation on tive parcel and the parcel shape. 3. Wh¢ther the r¢qu¢at¢d a ac¢is substantial. The elief requested may be considered moderate relevant to the code. Relie££or the roadside addition is 12.2 ft, shoreline side addition is 19.1 R„ and awning is 15.2 R_ The floor are relicf is 1^o in excess. 4. Wheth¢r the propos¢d nc¢ will Gave adv¢ra¢ ¢ff¢ct mpact on th¢ physical utal conditions in the n¢ighborhoodaor district. The project may be c sidered to have minimal impact on the physical or the environmental conditions of the ar The applicant has explained the site retains fisting catch basins site to fist with stormwater management for the site and suaounding neighborhood -where there is no changes to the catch basins. 5. Wh¢ther th¢ alleged dift4culty was s¢lf cr¢at¢d. The di££culty may be considered sel{_created. Staff commentaa The applicant proposes alterations to an existing home that will allow for more use of the home_ The applicant has indicated the roadside addition is needed as the tloors in the portion of the home are in disrepair_ The shoreline addition allows{r roof line to use the space more efficiently. The awning is to move the muof£ 8om the roo£farther from the basement wall_ The project also includes relocating the¢retry door towards the roadside. The plans show photos o£each portion of the home to be altered and the elevation o£that portion. Zoning Board of Appeals Com m�nity l7evelopment De pgrtment Staff Notes Zoning Board of Appals—Record of Resolution Town of Queensbury 942 Bay Road Queensbury,NY 12804 {518j 961-8238 rv...�. »r�a..+��».n.»y� Area Variance Resolution Toc Approve/Disapprove Applicant Nam¢: Robert Spath File Number Z-AV-16-2019 Locations 60 Russell Hams Road Tax Map Number_ 240.5-1-10 ZBA Meting Dates Wednesday,April 1'], 2019 The Zoning Board of Appealsof the Town o£Que¢asbury has received an application from Robert Spath_ Applicant propo nstruction of two residential additions o either side o£the existing home_ The£rrst addition will be to the shorelin side of the home,raise existing 240 sq_ R_ roof to create a vaulted ceiling£or the affected living area. Th¢ second addition will be to remove 98 sq. R. of existing living area and rebuild this portion o£the home£or new living space. Pr ject includes new 33 sq-R. entry witkr cover and a 32 sq. R. ing roof at the shoreline side o£the home- Aelie£requested for setbacks, FAA and permeability. Planning Board= Site Plan Review required£or expansion o£a noncoms rming structure. Relief R¢qu'red_ The applicant requests relief£or setbacks,Floor Area Ratio and per-m¢ability in tlae Waterfront Residential Zone. 199-4-030 Dimensional requirements The applicant proposes renovations o£an existing home—the roadside addition replacement is to be placed Z-8 R from the aide prope-ty line that requires a 20 R setback. The shoreline addition is 2.9 R from the side property line where 20 R is required_ The new awning over the basement area on the shoreline side is to be 4.8 R where 20 R setback is also required_ In addition, relic£is requested For Roor area ratio that is proposed to be 23%and 22% is the maximum allowed. SEQR Type II—no £�rr-ther review required; A public hearing was advertised and held on Wednesday,April 1'], 2019; Upo review of the application materials, in{rcuation supplied during the public hearing, and upon sideration o£the criteria speci£aed in Section 1']9-14-080<Aj o£the Qu¢enabury Town Code and Chapter 26� of NYS Town Law and aRer discussion and deliberation, we Rnd as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change m the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives a and have been considered by the Board, ar sonable and have been ncluded to miaimize the reouest OR are not possible. 3. The requested variance is / is not substantial b¢caus¢ 4. There is / i not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged di£t3culty is / is not self-created because 6. In addition the Board £ds that the bene{t to the applicant from granting the requested v - would outwei¢h (auurovall / would be outwei¢h¢d by (deniall the resulting detriment to the health,asafety and welfare o£the neighborhood or community; ']. The Board also {nds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the Follow-up letter sent with this resolution. BASED ON THE ABOVE FBVDINGS. I MAKE A MOTION TO APPROVE/DENY AREA VARIANCE Z-AV-16-2019 Robert Spath, Introduced by who moved£or its adoption, seconded by Duly adopted this 1'�an day o£April 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeels Community �evelopm ent Deportment Stoff Noies A r¢a Variance No.c 14-2019 Project Applicant: Alex Bc Michell¢Wilcox Project Locations Corner Walkup and Moon Hill Roads Parcel Historys SP 16-2019; AV 32-2018 (voided); DISC 1-2019 SEQR Typ¢: Type II Meeting Dates April 19,2019 Description of Pro osed Pro"¢cts Applicant proposes c nstruction of a 3,320 sq. R. single Family home with associated site work. Th¢house to be constructed is located within 50 R_ o£15% slopes. The site includes grading, lot clearing for house, septic and well. The applicant has indicated£or lot clearing access may come Ii-om Walkup Rd. witty a temporary nstrnction entrance_ Aelief is sought£or setbacks in a RR 3A zone£or a lot size o£1.93 acres. Planning Board: Site Plan Review required{r construction occuaiag within 50 R_ of 15% slopes_ Roli¢f R¢ wired• The applicant requests relief£or setbacks in a Rural Residential 3 acre zone £or a loY size o£1.93 acres. Section 199-3-040 Dimensional reouirements The applicant proposes to locate a home 64.98 R£rom Walkup Road,64."1 R£rom Moon Hill Road, and 59.93 £rom the West property line where a 100 R setback is required for each. Criteria for conaid¢rin as Area Variance ordiag to Chapter 260 of Towa Laws In making a det¢rminatioq the board shall considers l. Whether an undesirable change will be produced is the character of the neighborhood or a detriment ton rby properties will b¢ at¢d by the gravting of this area variance. Minor to no impacts to the neighborhood character may be anticipated_ 2. Whether the b¢n¢Rt sought by the applicant can b¢ achieved by some method, feasible for the applicant to purau¢, other than an area variant¢. Feasible alternatives may be considered limited due to lot size o£1_93 ac parcel 3. Wh¢th¢r the requested a ¢is substantial. The relie£request¢d may be considered moderate relevant to the code. Relic£is requested For setback on Walkup Road o£35.02 R. on Moon Hill Road of 353 R. and on the West property line o£40,9 R. 4. Wheth¢r the proposed variance will hav¢ a adv¢ra¢ ¢ff¢ct or impart on the physical or environmontal conditions in the n¢ighborhood or dfstr3ct. Minor to a -mpact to the physical o ironmental c editions in the neighborhood may be anticipated. The project includes stormwater agemeat£or the site aad a waste water system. The applicant has located the home at the top o£the slope. 5. Whether the all¢g¢d dif£acWty was s¢lf-crated. The di££culty may be coasidered self-created_ Staff comm¢ntse The applicant proposes to construct a new home and associated site work. The applicant has submitted information on the site conditions o£the parcel—topographic survey. The plans show the grading, stormwater agam nt and a septic system. The construction a ess i shown a a temporary access on Walkup Road_ The house location and new driveway are also shown to have the access 14om Moon Hill Road. Zoning Boord of Appeals Community development Department Stoff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury']42 Bay Road Queensbury, NY 12804 (518j 961-8238 /:non nit L!ccnabury. Area Variance Resolution Toc Approve/Disapprove Applicant Nam¢: Alex 8c.Michelle Wilcox File Number: Z-AV-14-2019 Location: corner o£Walkup and Moon Hill Roads Taa Map Number: 2']8.20-1-3 ZBA M¢¢ting Dat¢c Wed., April 1"l, 2019 "llne Zoning Board o£Appeals o£the Town o£Queensbatry has received an application for Al¢x 8c Michelle Wilcox. Applicant proposes construction o£a 3,320 sq_ R. single family home with associated site work. '11ve house to be constvvcted is located within 50 R. o£15%slopes. The site includes grading, lot clearing£or house, septic and well_ 'I'fve applicant has indicated£or lot clearing access may comp Rom Walkup Rd. with a temporary c nstruction entrance. Relic£is sought for setbacks i a RR 3A zone £or a lot size of 1_93 acres. Planning Board: Site Plan Review required £or construction occurring within 50 R. o£15% slopes_ R¢li¢f R¢qulr¢d: The applicant requests relief for setbacks in a Rural Residential 3-acre zone for a lot size of 1.93 acres. Section 199-3-040 Dimensional requirements The applic t proposes to locate a home 64.98 R Rom Walkup Road,64_'] R Rom Moon Hill Road, and 59.93 from the West property line where a 300 R setback is required£or each. SEQR Type II—no furthor review required; A public hearing was advertised and held on Wednesday,April 19, 2019; Upon of the application materials, information supplied during the public hearing, and upon consideration o£the criteria speci£ved in Section 199-14-080(Aj o£the Queensbury Town Code and Chapter 267 o£NYS Town Law and aRer discussion and deliberation,we find as £ollowsc PER TI S+ DRAFI-PROVIDHD BY STAFF L Ther -s. / v of undesirable change in the character of the neighborhood nor a detrimeat to nearby properties be 2. Feasible alternatives are and have been considered by the Board, ar reasonable and have been vncluded to minimize the request OR aze not possible. 3. The requested varvarac s/is not substantial because 4_ There is / is not an adverse ampact on the physical or enviromrvental conditions in the neighborhood or districfZ 5. The alleged di{faculty is/is not self-created because 6. In addition the Board £nds [hat the benefit to Hie applicant 8om granting the requested variance would outwei¢h (aooroval) / would be outweiched by (denial) Hae resulting detriment to the health, safety and wel£a o{the neighborhood or community; 9. The Board also £nds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a� bj , c� Adherence to the items outlined in the follow-up letter sent wiHv this resolution. BASED O TfIE AB E FIND I MATCE A MOTION TO APPROVE/DENY AREA VARIANCE Z-AV-14-2019 Alex Rc Michelle Wilcox, Introduced by who moved £or its adoption, seconded by Duly adopted this 19°^ day o£April 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community l7avalopment Deportment Sfoff Notes Area Variance No.: 19-2019 Project Applicant. St¢wart's Shops Corp. Project Locations 349 Aviation Aoad Parc¢I History: SP']-2019; AV 5-2019; SV 1-2019; SP 22-93; SP 19-93; SP 20-94; SP 24-99; SP 5-2006; SP 92-2010 SEQR Typ¢: Type II Me¢Hng Dates April 10,2019 De riptioa o£Pro os¢d Project: Applicant has revised plans for the demolition o£the existing 4,935 sq. R. building to construct a 3,696 sq_ R. building(previously 3,855 sq_ RJ "I1te fuel canopyis also to be removed,a new one to be installed o£1,460 sq. R_ (pre ously 2,000 sq. R.J. Plan revision no longer requires permeability relie£and side setback has increased Rom 8 R. to I S R_ Aelie£requested from mirsi.mum setback requirements o£the NC zoning district_ Plamving Boazdo Site Plan Review£or new building and associated site improvements_ Relief A¢quir¢d: The applicant requests relic£from minimum setback requirements of the Neighborhood Comrnemial zoning district. Section 1']9-3-040—Dimensional Reouir ants The building is proposed to be located 15 R Rom the Weat property line where a 20 R setback is required_ Criteria for coasid¢rin n Area Variance according to Cha ter 26� of Towa Laws Ia making a determination,the board shall c sid¢r 1. Whether a ad¢sirabl¢ change will b¢ produced is the character of the neighborhood or a detriment to nearby properties will be c ¢at¢d by the granting of this area variant¢. Minor impacts to the neighborhood may be anticipated r 2. Whether the bea¢flt a ught by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area v Feasible alternatives may be limited £or setbacks £or tkve building due to the conRguration o£the parcel_¢"I'lse applicant has reduced the size o£the building and adjusted t}se setback 15 R_ 3. Whether the requested area variant¢ is substantial The relic£requested may be considered minimal relevant to the code. 4. Wh¢ther th¢ proposed variant¢ will hav¢ an adverse ¢ff¢ct or impact the physical or utal conditions in th¢ neighborhood or district The project will have minimal to no adverse effects or impact on the physical or enviroxaxnental conditions of the neighborhood. 5. Wh¢th¢r th¢ alleg¢d dif£culty was s¢If cr¢a[¢d_ The dif£aculty may be considered self created. Staff commenta- The applicant proposes to r existing commercial building that w ed For a convenience store and other businesses to replace the building. The newer building is to be 3,696ssgsR with a fuel canopy o£1,460 sq 8. The building is to be orientated perpendicular to the site wiHv two separate entrances. The plans show the building and site work. Zoning Board of Appec�ls Gom munity development Department Sto ff Notes Zoning Board of Appals—A¢cord of Resolution Town o£Queensbury 942 Bay Road Queensbury,NY 12804 <518) 961-8238 Area Varian¢¢Resolution To= Approve/Disapprove Applicant Names Stewart's Shops Corp. File Number Z-AV-19-2019 Locations 34']Aviation Road Tax Map Number= 301.8-1-33 ZBA M¢¢ting Dates Wed., April 19, 2019 The Zoning Board o£Appeals o£the Town o£Queensbury has r ved an application from St¢wart's Shops Corp. Applicant has re sed plans £or the demolition o£the existing 4,935 sq. R. building to construct a 3,696 sq. R_ building (previously 3,855 sq_ R_� The fuel canopy is also to be removed, a e to be installed o{ 1,460 sq. $. (previously 2,000 sq_ R.J. Plan revision no larger requires permeability relief and side setback has increased From 8 R. to 15 R. Relic£requested from m - um setback requirements o£the NC zoning district. Plarming Board: Site Plan Review£or new building and associated site improvements. R¢li.¢f Required s The applicant requests relief{rom minimum setback requirements o£the Neighborhood Commercial zoning district. Section 1']9-3-040 Dimensional Reouirements The building is proposed to be located 15 R From the West property line where a 20 R setback is required. SEQR Type II—no ihrther review required; A public hearing was advertised and held on Wednesday, April 1'],2019; Upon review o£ the application materials, information supplied during the public hearing, and upon sideration o£tlte criteria specified in Section 1"19-14-080(Aj o£the Queensbury Town Code and Chapter 269 of NYS Town Law and a8er discussion and deliberation, we £nd as follows- PER TFIE DRAFT PROVIDED BY STAFF 1_ There is / is not an undesirable change in the character o£ the neighborhood nor a detriment to nearby properties because 2_ Feasible alternatives a and have been considered by the Board, ar onable and have been ncluded to miri a the reouesi OR are not possible. 3. The requested variance is / is not substantial because 4. Ther 's / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged di££aculty is/ is not self-created bccau 6. In addition the Board finds that the bene£at to the applicant t'rom granting the requested v ould outweish (approval) / would be outweit=hed by (denial) the resulting detriment to the health, safety and wel{re o£the neighborhood or community; 7. The Board also £ands that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a� b) , c� Adherence to the items outlined in the Follow-up letter sent with this resolution. B ED AB VE F INGS I MAKE A M TI N TO APPROVE/DENY AREA VARIANCE Z-AV-19-2019 Stewart's Shops Corp., Introduced by who moved{r its adoption, seconded by o Duly adopted this 1']en day of April 2019 by Sae Following vote: AYES= NOES= Town of 4uee nsbury Zoning Board of Appeals Community L7avalopmant Da portm ani Staff Notes Area Varian¢¢No_: 18-2019 Project Applicant: 5¢hermarhorn Resid¢nHal Holdings Project Location. 1260-1264 W¢at Mt_ Road Parcel History: SP 23-2019; PZ 6-2003; SP 48-200'1; SP 11-2010 for 60 units, SP 69-2014 for 35 units,Phase 2,AV 81-2014 SEAR Typ¢c Typ¢II M¢¢ting Dat¢: Ap HI 1�.2019 D¢s¢ri Hon ofPro oaed Pro"acts Applicant proposes construction o£a 16,530 sq. R. 3-story multi-unit residential structure for 35 units fated witka existing multi-unit residential buildings. The project is Phase Three of W¢stbroolc that completes the phased plan where the site lass 2 buildings existing_ Relief requested 8om maximum allowable height restrictions. Relief R¢quir¢d: The applicant requests relief from maximum allowable height restrictions in the Office Zone. Section 199-3-040-Dimensional Requirements The applicant proposes to construct a 44.9 R in height building where the maximum height allowed is 40 R. CHt¢Ha for coasid¢rin as Area Variance ordia to Chapter 26'1 of Towa Law. In malting a d¢termivatioa,the board shall coasid¢r_ l_ Whether a ad¢sirabl¢ change will be produced in the ¢hara¢t¢r of the neighborhood or a d¢trim¢at to a¢arby properties will b¢ c eared by the graatiag of this area vanaace_ Minor impacts to the neighborhood may be anticipated r 2. Wh¢th¢r the b¢n¢Ht a ught by the applicaat c a b¢ achieved by a method. feasible {r the applicaat to pursue. other than an area variant¢a Feasible alternatives may be available to relocate the building on the parcel_ The applicant has indicated the location of the building requires £11 to be brought in. 3_ Whether the requested a variance is aubatantiaL The relief requested may be considered minimal relevant to the code. Relief is for 4.9 R in excess. 4_ Wh¢th¢r the proposed Hance will have adverse effect impact oa the physical oral conditions in the ndghborhood or district The relief requested may have minimal to no adverse impacts. 5. Whether the aLLeg¢d difTiculty was s¢lt'¢reared. Th¢ difFiculty may be considered sel£created. Stat'F comments. The applicant proposes to construct a 16,530 sq R<{otprinx) senior apartment building with 3 stories and 35 units. The site has an fisting 3 story 60 unit senior apax�finent building on the site that is 29,536 sq R (t'ootpriat). The applicant has indicated that£11 is n eded£or tkve building and the ar -s to include a retaining wall section. The plans show the location and elevation oFthe proposed building. The applicant had a similar variance request in 2014 £or the existing 35 unit complex where the height granted was 43.9 R. Zoning Bocerci of Appec�ls Com m�nity development Deportment StofF Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury ']42 Bay Road Que¢nsbury,NY 12804 (S18) 761-8238 r.....,.+l a i ccn.nm.� Area Varian¢¢Resolution Toe Approve/Disapprove Applicant Namee Schertnarhom Residential Holdings File Number Z-AV-18-2019 Locarione 1260-1264 West Mt Road Tax Map Number-_ 288=1-64 ZBA M¢eHng Datee Wed., April 1'], 2019 The Zoning Board o£Appeals of the Town of Quaensbury has received an application£or Scb¢rmerborn Aesid¢ntial Holdings. Applicant proposes construction o£a 16,530 sq_ 8. 3-story multi-unit residential strncture£or 35 units a fated with a fisting multi-unit residential buildings_ The project is Phase Three of Westbrook Hoax templet s tine phased plan where the site has 2 buildings existing. Relie£requestad Rnm maximum allowable height restrictions. R¢li¢f R¢quiredc The applicant requests relief£rem maximum allowable height restrictions in the O££m Zona_ Section 1�9-3-040- Dimensional Reouir eats The applicant proposes to construct a 44.9 R in height building where the maximum height allowed is 40 R. SEQR Type II—no £urtlrer review required; A public hearing was advertisedand held on Wed., April 19, 2019; Upon review o£ tine application materials, information supplied during the public hearing, and upon consideration o£the criteria specit'ved in Sactioa 1']9-14-080<A� oFtfie Queensbury Town Code and Chapter 26"1 o£NYS Town Law and aRer discussion and deliberation, we find as follows: PEA THE DRAFT PROVIDED BY STAFF I. There is / i not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are nable and leave been eluded to mvrairrvize the request OR are not possible_ 3. The requested varvanc s/ i of substantial because 4_ There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district'Z 5. The alleged dif£culty is/ is not self-created becau 6- In addition the Board £ds that the bene£t to the applicant 8om granting the requested variance would outweich (anurovall / would be outwei shed by (denial) the resulting detriment to the health, safety and wel£a o£the neighborhood or community; ']. The Board also Finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a� bj , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE-A MOTION TO APPROVE/DENY AREA VARIANCE Z-AV-18-2019 Scherrtterhorn Residential Holdings, Introduced by who moved for its adoption, seconded by - Duly adopted this. 19`�' day o£Apri] 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community �evelopm ant �aportmanf Staff Notes Saga Var:aace No.a 3-2019 Proj¢ct Applicavt: Walmart/L¢ticia Martfn¢z Proj¢ct Locatfov: 24 Quak¢r Ridg¢Boulevard Parc¢l H:etory: SP 9-2019q SP 59-201Tg SV 9-2019: SP 61-200'r� SV 3-2009 SEQR Typ¢: Typ¢II M¢¢ting Dat¢: April 1']>2019 Description o£Pro Deed Pro"act: Applicant propo nstallation for a number o£wall signs that are in excess of both tkve ximum number of signs as well as the previous Sign Variance approval in 2009_ Aelief requested£ram maximum number o£ allowable signs £or the business_ R¢l:ef Re u:red• The applicant requests relic£from maximum number o£allowable signs for the business. Chanter 140- Sins The applicant proposes the£allowing signage where only one sign at 30 sq R is allowed unless the building is setback further than 100 R where a maximum on¢wall sign is allowed at 200 sq R. SV 1-2009 granted Walmart free signs. o Pront Sign Walmart with Spark 220 sq R—remains the same New Grocery and Pharrxaacy-51.90 sq R reduced to 40.80 sq R(was Market and Phannacy� Home and Living-3 L23 sq R reduced Rom 35.94 sq R o Pick Up wi8r spark-38.69 sq R—New Sign Lawn and Garden-29.14 sq R reduced Rom 39.35 sq R was Outdoor Living} Vision Center-'1.42 sq R New Sign o Recycle -4.84 sq R—remains tkae same Crft¢r:a£or coasid¢rin a Si n Variance a ordfng to Chapter 269 of Town Law: In malciag a d¢term:nat:oa, the board ahaR consider: l. Whether an und¢airabl¢ change will b¢ produced in the character o£the neighborhood or a detriment to nearby properties will be created by the greeting of this sign variance. Minor impacts to the neighborhood may be anticipated as 5 of the signs are replacements. 2. Whether the benefit a ught by the applicant can b¢ achieved by some m¢tlrod> feasible for the applicant to pursu¢> other than a sign variance. Feasible alternatives may be considered to adjust the number of signs. 3. Whether the requested sign v ubstantial. The relic£requested may be c sidered substantial relevant to the code. The relief requested£Or the number o£wall signs is 6 and oxily 1 is allowed. 4_ Wh¢th¢r th¢ propos¢d varlaac¢ will 6av¢ adv¢ra¢ ¢f£¢ct or Impact on th¢ physical or ' ntal c nditiona in th¢ n¢ighborhood or district. The project as proposed may knave mammal irrapact on the envirorarrvental conditions o£the district. 5_ Wh¢th¢r th¢all¢g¢d dit't3culty was s¢l£-created. The di£{culty may be considered self-created. Sta£1'comm¢nts- The applicant proposes sigaoage with tha w gro ery on-line pick up service with the intent to update the building_ The plans show the location o£the wall signs and sizes, in addition, ha applicant has included a photo simulation o£each o£the signs. Zoning Boord of Appec�ls Community development Deportment Stoff Notes Zoning Board o£App¢als—Record of Resolution Town o£Que¢nsbury 942 Bay Road Qu¢¢nsbury,NY 12804 (518)961-8238 l:nvi er/[Lic ns nq. Sign Variance Resolution To= Approve/Disapprove Applicant Name. Wahnart/Leticia Martinez Fit¢Number Z-SV-3-2019 Location. 24 Quaker Ridge Boulevard Tax Map Number_ 303.15-1-25.1 ZBA M¢¢tiag Date Wednesday,April 1'], 2019 The Zoning Board o£Appeals of the Town o£Queensbury has received an application From Walmart /L¢Hcia Martinez£or a variance from Chapter 140 of the Sign Code o£The Town o£Queensbury_ Applicant proposes installation For a number of wall signs that are in excess o£both the maximum niaxrtber o£siga well as the pre - s Sign Variance approval in 2009_ Aelie£requested From maximum number o£allowable signs £or the bus Hass. Rali¢f R¢ uir¢da The applicant requests relic£Hom maximum number o£allowable signs£or the business. Cheater 140- Suns The applicant proposes the Following signage where only one sign at 30 sq 8 is allowed unless the building is setback Pardter than 100 8 where a maximum one wall sign is allowed at 200 sq R. SV 1-2009 granted Walmart five signs. Front Sign Walmart with Spark 220 sq R—remains the same o New Grocery and Pharrttacy -51 JO sq$reduced m 40.80 sq 8<was Market and Pharnvacy� o Home and Living-3123 sq 8 reduced From 35."14 sq H o Pic$Up with spark-38.69 sq 8 New Sign Lawtt and Garden-Z9.14 sq 8 reduced From 39.35 sq R (was Outdoor LivinpJ o Vision Center-Z42 sq R—New Sign o Recycle-4.84 sq R—remains the same SEQR Type: Unlisted [ R¢solutioa /Action A¢quir¢d for SEAR] Motion regarding Sign Variance No. Z-SV-3-2019, Walmart/Leticia Martinez based upon the nforma[ion and the analysis of the above supporting documentation provided by the applicant, this Bo rd finds that this will not r ult in any signitleant adverse¢ mental impact_ So w¢give it a Negative Declaration, Introduced by who moved ror its adoption, seconded by Duly adopted this 19`^ day of April 2019,by the following vote: AYES= NOES: A public hearing was advertised and held on Wed.,April 1?, 2019; Upon review o£the application materials, irvformation supplied during the public hearing, and upon onsideration o£the critcria specit3ed in Section 199-14-080(A� o£the Queensbury Town Code and Chapter 26"1 o£NYS Town Law and a8er discussion and deliberation,we£and as follows: 1_ Will an undesirable change be produced in the character of the neighborhood or will a detriment w the nearby properties be created by the granting o£the requested sign variance? INSERT RESPONSE 2. Can the bene£t sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4_ Will the proposed sign variance have an adverse impact on the physical or envirortrttental conditions an the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition the Board£ds that the bene£vt to the applicant from granting the requested variance ould outweigh/would be outweiehed by the resulting detriment to the health, safety and wel{re o£ the neighborhood or community; �. The Board also £mds that the variance request under consider tion is the mixssmum necessary; Based on the above Landings I make a MOTION TO APPROVE/DENY Sign Var3anc¢No. Z-SV-3- 2019 Walmart/Leticia Martinez, Introduced by ,who moved for its adoption, seconded by As per the resolution prepared by staff with the{llowing: A. 'assert conditions/c nts�: B. The variance approval is valid£or one <1) year from the date o£approval; you may request an extension of approval before th¢one [3) year time frame expires; C. I£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 Deparhtvent before any Iirrther review by the Zoning Administrator or Building Rc Codes persormel' E. Subsequent issuance o£i'ux-tlaer permits, including sign permits are dependent on receipt o£these £anal plans; F. Upon approval o£the application;re and approval of£mal plans by the Community Development Dcparrment the applicant c apply£or sign permit unless the proposed pr ject requires review, approval, or permit£rom the Town Planning Board and/or the Adirondack Park Agency,Lake George Park Commission or other State agency or departaraent. Duly adopted this 19'^ day o£April 2019,by the Following vote: AYES: NOES: