New Information 7/22/2019
ATTORNEYS AT LAW
EXECUTIVE WOODS, FIVE PALISADES DRIVE, ALBANY, NY 12205
Phone: 518-438-9907 • Fax: 518-438-9914
www.youngsommer.com
David C. Brennan, Esq.
Writer’s Telephone Extension: 224
dbrennan@youngsommer.com
July 23, 2019
Via E-Mail and Regular Mail
Laura Moore
Land Use Planner
Town of Queensbury
742 Bay Road
Queensbury, New York 12804
RE: Application of Cellco Partnership d/b/a Verizon Wireless for Area Variance,
Site Plan Review and Special Use Permit Approval for Lands n/f of Stewart’s
Shops Corp. – 347 Aviation Road (SBL 301.8-1-33)
Dear Ms. Moore:
This office serves as Regional Local Counsel to Cellco Partnership d/b/a Verizon
Wireless. I am in receipt of your project review notes and comments and submit this letter to
address them. I have restated or summarized the comment and the response follows in italics.
1) The application forms need to have the “Site Development Data” sections completed.
Response: Revised forms are attached as Exhibit 1.
2) A survey of the parcel needs to be submitted. Response: A copy of the Stewarts
Shops, Inc. survey is attached as Exhibit 2.
3) The site plan set needs to be updated to identify the adjacent apartment building and
the setback distance between the apartment building and the proposed small cell
facility. Response: I have referred this to Tectonic Engineering. They have updated
the plans at Sheet C-1 which is attached as Exhibit 3. As a result of the revised plan,
the requested variance is hereby amended to 27.5 feet.
4) The narrative portion of the application needs to address the Special Use Permit
approval criteria located at Zoning Law 179-10-060(A)-(F): Response: The criteria
are restated below with information addressing the factors provided.
Laura Moore, Planner
July 23, 2019
Page 2
Zoning Law § 179-10-060 General criteria. Before issuing any special use permit, the Planning
Board shall consider the public health, safety and general welfare as well as potential
environmental impacts. A special use permit shall not be granted until the Planning Board finds
that the following criteria have been met:
A. Harmony with Comprehensive Plan. The proposed use shall be in harmony with and
promote the general purposes and intent of the Comprehensive Plan, and this chapter and the
health, welfare and safety of the Town and its residents.
Response: In the Town of Queensbury’s Comprehensive Plan (adopted in 2007), the
Town identifies the importance of economic stability. One recommendation in achieving
economic stability was to increase communications access in the community (Page 52).
The Town recognized that communication technology is an integral part of all sectors of
today’s economy. The Comprehensive Plan also points out that the Town will provide
public safety services to its residents (Page 5). It is clear that the Comprehensive Plan
was meant to be flexible in allowing new technology that provides a service to its
residents, while at the same time protecting the environment and the viewshed that are so
important to the community. This proposed communications facility completely accords
with these goals.
B. Compatibility. The proposed use shall be compatible with the character of
neighborhood, the area, the zoning district and the community surrounding the location of the
proposed use and will not unduly prohibit or discourage future planned growth in the area.
Response: As noted throughout the application materials, this project involves the
collocation of a small cell wireless facility on a proposed light pole that will be installed
regardless of whether the Verizon Wireless project proceeds. The light pole is located at
the interior of the site and is screened and buffered from any significant views from off-
site locations. However, even if the light pole were able to be viewed by the traveling
public, the facility as incorporated into a light pole is of a slim design with the equipment
contained within a an enclosure rendering at unobtrusive and discrete.
C. Access, circulation and parking. The proposed use shall have safe and efficient access
for pedestrians and vehicles, and shall provide for appropriate off-road parking and loading
areas. The interior circulation system must be adequate to provide safe accessibility to all
parking spaces and ensure that adequate and safe integration of pedestrian and vehicular
movement is provided.
Response: The collocation of a small cell facility on a light pole that will be installed at
the Stewart’s location as part of their site redevelopment will have no impact on access
for pedestrians and vehicles or any other site plan concern regarding pedestrians or
vehicular movement. The light pole location is already approved by the Planning Board
Laura Moore, Planner
July 23, 2019
Page 3
and the addition of the small cell facility to it does not implicate any of the above
considerations.
D. Infrastructure and services. There shall be sufficient infrastructure and services,
including utilities, public facilities and services, available for the proposed use or the project
shall extend or provide infrastructure and services for the area where the proposed use is located.
There shall also be facilities and services implemented by the applicant to appropriately control
any potential nuisances from the operation of the use, such as control of litter or trash, loitering
and crime prevention, and any other features or aspects of the operation of the proposed use that
may affect the public safety, health and general welfare.
Response: The proposed project requires a minor amount of electricity and will derive
its supply from the proposed Stewart’s building. No additional upgrade to the electric
supply is required because of this application. In addition, the facility will be connected
to the fiber-optic network through a connection to the proposed building. Beyond that,
the project requires no other infrastructure or services from the community at large.
E. Environment and natural features. The proposed use shall be compatible with and
appropriately protect environmental and natural resources, including the environmental and
physical suitability of the site for development, and the general landscaping, screening and
buffering shall be in character with the surrounding areas, and the risk of fire, flood or erosion
and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to
the public health, safety and welfare shall be minimized to the maximum extent practicable.
Response: As noted above, the project is small in size and significantly screened
although it would have no or a nominal visual presence without screening due to the fact
that it is relatively small and the equipment is largely enclosed within a small cabinet
attached to the light pole. There is no risk of fire, flood or erosion or other im pacts or
emissions from the facility.
F. Long-term effects. The proposed use shall provide positive or beneficial effects on the
long-term economic stability, environmental integrity and community character of the Town and
surrounding properties, districts and uses.
Response: The small cell facility is proposed to allow Verizon Wireless to continue to
provide an adequate and appropriate amount of RF coverage to the immediate
surrounding community and in particular the school district campus to the east. The
provision of reliable hand-held telecommunication services to the community should be
viewed as an asset as it allows emergency, business and personal communications.
Having reliable telecommunications services the school district campus is generally
viewed as a significant benefit in emergency and other situations. Given the nature of
small cell facilities, there is no negative impact on environmental integrity or community
character.
Laura Moore, Planner
July 23, 2019
Page 4
If you should have any questions or require any further information concerning this
project, please do not hesitate to contact me. Thank you for your consideration.
Very truly yours,
David C. Brennan, Esq.
Encl.
TAB 1
2
Site Plan Review application – Revised October 2016
Town of Queensbury Planning Office-742 Bay Road, Queensbury, NY 12804
General Information
Tax Parcel ID Number: ____________________
Zoning District: ____________________
Lot size: _____________________
Detailed Description of Project [includes current & proposed use]:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Location of project:
________________________________________________________________________________
Applicant Name: Address:
Home Phone Cell:
Work Phone Fax
E-Mail:
Agent’s Name: Address:
Home Phone Cell:
Work Phone Fax
E-mail
Owner’s Name Address
Home Phone Cell
Work Phone Fax
E-mail
3
Site Plan Review application – Revised October 2016
Town of Queensbury Planning Office-742 Bay Road, Queensbury, NY 12804
Site Development Data
Area / Type Existing sq. ft. Proposed
Addition sq. ft.
Total sq. ft.
A. Building footprint
B. Detached Garage
C. Accessory Structure(s)
D. Paved, gravel or other hard surfaced area
E. Porches / Decks
F. Other
G. Total Non-Permeable [Add A-F]
H. Parcel Area [43,560 sq. ft. / acre]
I. Percentage of Impermeable Area of Site [I=G/H]
Setback Requirements
Area
Required Existing Proposed
Front [1]
Front [2]
Shoreline
Side Yard [1]
Side Yard [2]
Rear Yard [1]
Rear Yard [2]
Travel Corridor
Height [max]
Permeability
No. of parking spaces
4
Site Plan Review application – Revised October 2016
Town of Queensbury Planning Office-742 Bay Road, Queensbury, NY 12804
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? _______________
2. If the parcel has previous approvals, list application number(s): _________________________
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System
(SPDES) Permit Program ? _______________
4. Estimated project duration: Start Date __________ End Date __________
5. Estimated total cost of project: _______________
6. Total area of land disturbance for project: _______________
Floor Area Ratio Worksheet
FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total
building floor area by the lot size in square feet, yielding a percentage.
Zoning District
Symbol Floor Area Ratio [FAR]
Waterfront Residential WR 0.22
Commercial Moderate/ Intensive
CM/ CI 0.3
A. The combined area of all square footage, as measure from exterior walls of all structures on the property,
including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling
height and covered porches. Building square footage does not include: Open deck, docks and that portion of
covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less.
Any additional sheds will be included. (See “FLOOR AREA RATIO”).
B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a
building or structure, and when applicable, the sum total of all floor areas of the principal and accessory
buildings or structures on the project site.
A. Parcel Area ___________________________ sq. ft.
B. Existing Floor Area ___________________________ sq. ft. [see above definition]
C. Proposed Additional Floor Area ___________________________ sq. ft.
D. Proposed Total Floor Area ___________________________ sq. ft.
E. Total Allowable Floor Area ___________________________ (Area x _____) [see above table]
*If D is larger than E. a variance or revisions to your plan may be needed. Consult with Staff.
5
Site Plan Review application – Revised October 2016
Town of Queensbury Planning Office-742 Bay Road, Queensbury, NY 12804
§ 179-9-080 Requirements for Site Plan Approval.
The Planning Board shall not approve a Site Plan unless it first determines that such site plan meets the
following Standards. Please prepare responses to each of the following topics:
STANDARDS
A. The proposed project furthers or is consistent with the policies of the Town’s Comprehensive Plan.
B. The proposed project complies with all other requirements of this Chapter, including the site plan review standards as set forth in Paragraph
F of this section, the dimensional, bulk and density regulations of the zoning district in which it is proposed to be located (Article 3 and
Table 1), the applicable requirements of all other Articles that apply.
C. The site plan encourages pedestrian activity internally and, if practicable, to and from the site with pedestrian paths or sidewalks connected
to adjacent areas.
D. The site plan must conform to Chapter 136 Sewage and Sewage Disposal, Chapter 147 Stormwater Management Local Law, and other
applicable local laws.
E. The proposed use shall be in harmony with the general purpose or intent of this Chapter, specifically taking into account the location,
character and size of the proposed use and the description and purpose of the district in which such use is proposed, the nature and intensity
of the activities to be involved in or conducted in connection with the proposed use and the nature and rate of any increase in the burden on
supporting public services and facilities which will follow the approval of the proposed use.
F. The establishment, maintenance and operation of the proposed use will not create public hazards from traffic, traffic congestion or the
parking of vehicles and/or equipment or be otherwise detrimental to the health, safety or general welfare of persons residing or working in
the neighborhood or to the general welfare of the town. Traffic access and circulation, road intersections, road and driveway widths and
traffic controls will be adequate.
G. Off-street parking and l9oading facilities will be appropriately located and arranged and sufficient to meet traffic anticipated to be generated
by the new use. The establishment of vehicle links between parking areas of adjacent properties are provided where feasible. This furthers
the Town’s goal of reducing curb cuts and reducing congestion. A twenty-foot wide connection is required. If adjacent properties are either
undeveloped or previously developed without having made provision for future linkage, then a future connection must be identified and
provided for in the site plan under review for such future linkage when the time arises. The Planning Board may require proof that the
applicant has made contact with adjacent property owners for purposes of coordinating linkages with adjacent properties.
H. The project shall not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open
space resources of the town or the Adirondack Park or upon the adequate provision of supporting facilities and services made necessary by
the project, taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the project.
In making the determination hereunder, the Planning Board shall consider those factors pertinent to the project contained in the
development considerations set forth herein under § 179-9-080 of this Chapter, and in so doing, the Planning Board shall make a net overall
evaluation of the project in relation to the development objectives and general guidelines set forth in § 179-9-080 of this Article.
I. The provision for and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular
traffic and overall pedestrian convenience shall be safe and adequate for pedestrian movement. Pedestrian connections between adjacent
sites shall be provided to encourage pedestrian use.
J. Stormwater drainage facilities will prevent an increase of post development drainage flows as compared to pre-development drainage flows.
Drainage of the site shall recharge ground water to the extent practical. Surface waters flowing off-site shall not degrade any streams or
adversely affect drainage on adjacent properties or public roads. Facilities shall be in conformance with the drainage standards of Chapter
147 of the Town Code and the Town of Queensbury Subdivision Regulations where applicable.
K. The water supply and sewage disposal facilities will be adequate and will meet all applicable and current requirements set forth by
Department of Health regulations and Chapter 136 of the Town Code.
L. The adequacy, type and arrangement of trees, shrubs and other suitable plantings, landscaping and screening shall effectively provide a
visual and/or noise buffer between the applicants and adjoining lands, including the maximum retention of existing vegetation and
maintenance, including replacement of dead or deceased plants.
M. Fire lanes, emergency zones and fire hydrants will be adequate and meet the needs and requirements of emergency service providers.
N. The design of structures, roadways and landscaping in areas susceptible to ponding, flooding and/or erosion will minimize or avoid such
impacts to the maximum extent practicable.
O. The site plan conforms to the design standards, landscaping standards and performance standards of this chapter.
6
Site Plan Review application – Revised October 2016
Town of Queensbury Planning Office-742 Bay Road, Queensbury, NY 12804
§ 179-9-050 Checklist-Application for Site Plan Review.
Application materials and site plan shall include sufficient information for the Board to review and provide a
decision. The applicant is to provide a site plan drawing and all attachments that address items A-V. The
applicant may request a waiver from A-V and is to provide reasons for waiver(s) requested. Please label
information to be submitted.
REQUIREMENTS Sheet #
A. A vicinity map drawn at the scale that shows the relationship of the proposal to existing community facilities which affect
or serve it, such as roads, shopping areas, schools, etc. The map shall also show all properties, identify owners,
subdivisions, streets and easements within 500 feet of the property. Such a sketch may be superimposed on a United States
Geological Survey map of the area.
B. The site plan shall be drawn at a scale of forty feet to the inch (1” = 40 feet) or such other scale as the Planning Board may
deem appropriate, on standard 24” x 36” sheets, with continuation on 8 l/2 “x 11” sheets as necessary for written
information. The information listed below shall be shown on the site plan and continuation sheets.
C. Name of the project, boundaries, date, north arrow, and scale of the plan.
D. Name and address of the owner of record, developer, and seal of the engineer, architect or landscape architect. If the
applicant is not the record owner, a letter of authorization shall be required from the owner.
E. The location and use of all existing and proposed structures within the property, including all dimensions of height and
floor area, all exterior entrances, and all anticipated future additions and alterations.
F. The location of all present and proposed public and private ways, off-street parking areas, driveways, outdoor storage areas,
sidewalks, ramps, curbs, paths, landscaping, walls and fences. Location, type and screening details for all waste disposal
containers shall also be shown.
G. The location, height, intensity and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of
illumination and methods to eliminate glare onto adjoining properties must also be shown in compliance with § 179-6-020.
H. The location, height, size, materials and design of all proposed signs.
I. The location of all present and proposed utility systems including:
1. Sewage or septic system;
2. Water supply system;
3. Telephone, cable and electrical systems; and
4. Storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls,
hydrants, manholes and drainage swales.
J. Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff
and flooding of other properties, as applicable. A Stormwater Pollution Prevention Plan (SWPPP) for all land development
activities (excluding agricultural activities) on the site that results in land disturbance of one acre or more. A SWPPP shall
comply with the requirements of the DEC SPDES MS-4 General Permit and Chapter 147 of the Town of Queensbury
Code. It shall be at the discretion of the Planning Board as to whether a SWPPP or an erosion and control plan shall be
required for a site plan review project land disturbance of less than one acre.
K. Existing and proposed topography at two-foot contour intervals, or such other contour interval as the Planning Board shall
allow. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel
is within the 100-year floodplain, the area will be shown and base flood elevations given. Areas shall be indicated within
the proposed site and within 50 feet of the proposed site where soil removal or filling is required, showing the approximate
volume in cubic yards.
L. A landscape plan showing all existing natural land features than may influence the design of the proposed use such as rock
outcrops, stands of trees, single trees eight or more inches in diameter, forest cover and water sources and all proposed
changes to these features, including sizes and types of plants. Water sources include ponds, lakes, wetlands and
watercourses, aquifers, floodplains and drainage retention areas.
M. Land Use District boundaries within 500 feet of the site’s perimeter shall be drawn and identified on the site plan, as well
as any Overlay Districts that apply to the property.
7
Site Plan Review application – Revised October 2016
Town of Queensbury Planning Office-742 Bay Road, Queensbury, NY 12804
REQUIREMENTS (CONTINUED) Sheet #
N. Traffic flow patterns within the site, entrances and exits, loading and unloading areas, as well as curb cuts on the site and
within 100 feet of the site. The Planning Board may, at its discretion, require a detailed traffic study for large developments or
for those in heavy traffic areas, which shall include:
1. The projected number of motor vehicle trips to enter or leave the site, estimated for weekly and
annual peak hour traffic levels;
2. The projected traffic flow pattern including vehicular movements at all major intersections likely
to be affected by the proposed use of the site;
3. The impact of this traffic on levels of service on abutting public streets and at affected
intersections. Existing and proposed weekly and annual peak hour traffic levels and road capacity
levels shall also be given.
O. For new construction or alterations to any structure, a table containing the following information shall be included:
1. Estimated area of structure to be used for particular purposes such as retain operation, office,
Storage, etc.;
2. Estimated maximum number of employees;
3. Maximum seating capacity, where applicable; and
4. Number of parking spaces existing and required for the intended use.
P. 1. Floor Plans.
2. Elevations at a scale of one-quarter inch equals one foot (1/4” = 1 foot) for all exterior facades of the proposed structure(s)
and/or alterations to or expansions of existing facades, showing design features and indicating the type and color of materials
to be used.
Q. Soil logs, water supply well and percolation test results, and storm water runoff calculations as needed to determine and
mitigate project impacts.
R. Plans for disposal of construction and demolition waste, either on-site or at an approved disposal facility.
S. Plans for snow removal, including location(s) of on-site snow storage.
T. An Environmental Assessment Form (“EAF”) as required by the SEQRA regulations, with Part 1 completed by the Applicant
shall be submitted as part of the application. If the proposed project requires a special use permit and an EAF has been
submitted in conjunction with a special use permit application, a duplicate EAF is not required for the site plan application.
U. If an application is for a parcel or parcels on which more than one use is proposed, the applicant may submit a single
application for all such uses, provided the proposed uses are accurately delineated on a site plan drawn pursuant to the
requirements set forth above. The Planning Board may grant the application with respect to some proposed uses and not
others. For purposes of reviewing an application (and for SEQRA compliance) all proposed uses on a single parcel or on
contiguous parcels shall be considered together.
V. A brief narrative statement on how the project proposed for review furthers or is consistent with the vision, goals and policies
in the Town’s Comprehensive Plan.
8
Site Plan Review application – Revised October 2016
Town of Queensbury Planning Office-742 Bay Road, Queensbury, NY 12804
Town of Queensbury Site Plan Pre-Submission Conference Form / Section 179-9-040
1. Applicant Name: __________________________________________________
2. Tax Map ID ________________ Location: _______________________
3. Zoning Classification __________
4. Reason for Review: __________________________________________________________
5. Zoning Section #: ________________________
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Deed ____ _____________
General Information complete ____ _____________
Site Development Data Complete ____ _____________
Setback Requirements Complete ____ _____________
Additional Project Information Complete ____ _____________
FAR addressed ____ _____________
Requirements for Site Plan-Standards ____ _____________
Checklist items addressed ____ _____________
Environmental Form completed ____ _____________
Signature Page completed ____ _____________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Staff Representative: ________________________________
Applicant / Agent: ________________________________ Date: ___________
Area Variance [ZBA approved: September 21 2016]
General Information
Tax Parcel ID Number: ____________________
Zoning District: ____________________
Detailed Description of Project [include current & proposed use]:
Current Use: _________________________________________________________________
Proposed Use: ____________________________________________________________
Location of Project: _______________________________________________________________
Applicant Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-Mail: FAX No.
Agent’s Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Owner’s Name Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Page 1
Area Variance [ZBA approved: September 21 2016]
Site Development Data
Area / Type Existing sq. ft. Proposed
Addition sq. ft.
Total sq. ft.
A. Building footprint
B. Detached Garage
C. Accessory Structure(s)
D. Paved, gravel or other hard surfaced area
E. Porches / Decks
F. Other
G. Total Non-Permeable [Add A-F]
H. Parcel Area [43,560 sq. ft. / acre]
I. Percentage of Impermeable Area of Site [I=G/H]
Setback Requirements
Area
Required Existing Proposed
Front Yard [1]
Front Yard [2]
Shoreline
Side Yard [1]
Side Yard [2]
Rear Yard [1]
Rear Yard [2]
Travel Corridor
Height [maximum]
Permeability
Number of parking spaces
Page 2
Area Variance [ZBA approved: September 21 2016]
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? _______________
2. If the parcel has previous approvals, list application number(s): _________________________
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit
Program? __ Yes / __ No
4. Estimated project duration: Start Date: __________ End Date: __________
5. Estimated total cost of project: _______________
6. Total area of land disturbance for project: _______________
Floor Area Ratio Worksheet
FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor
area by the lot size in square feet, yielding a percentage.
Zoning District
Symbol Floor Area Ratio [FAR]
Waterfront Residential WR 0.22
Commercial Moderate / Commercial
Intensive
CM / CI 0.3
A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all
floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered
porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending
over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be
included. (See “FLOOR AREA RATIO”).
B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building
or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures
on the project site.
Parcel Area ___________________________ sq. ft.
Existing Floor Area ___________________________ sq. ft. [see above definition]
Proposed Additional Floor Area ___________________________ sq. ft.
Proposed Total Floor Area ___________________________ sq. ft.
Total Allowable Floor Area ___________________________ (Area x _____) [see above table]
Page 3
Area Variance [ZBA approved: September 21 2016]
Compliance with Zoning Ordinance
Requesting relief from SECTION: ________________________________
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply] Setback Buffer Zone Lot Width Other ______________________
The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if
needed.
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby property will be created by the granting of this area variance?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
3. Whether the requested area variance is substantial?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
5. Whether the alleged difficulty was self-created?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Page 4
Area Variance [ZBA approved: September 21 2016]
Section 179-14-030 –Application materials
Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The
applicant is to provide a site plan drawing(s) – a survey showing existing conditions, a proposed conditions map (see page 00 for
specific criteria) and include any other attachments that address A - D as applicable to the proposed project.
A. General Shown on Sheet #
1 Title, Name, Address of applicant & person responsible for preparation of drawing
2 Deed
3 North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ]
4 Boundaries of the property plotted to scale, zoning boundary
5 Principal structures, accessory structures with exterior dimensions
6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing &
proposed
7 Setbacks for all structures and improvements: existing & proposed
8 Elevations and floor plans of all proposed and affected structures
B. Water & Sewer Shown on Sheet #
1 Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
proposed on-site water supply and septic
3 Separation distances for proposed sewage disposal system to well and water bodies
4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private
water, location, design and construction of water supply including daily water usage
5 Percolation test location and results
C. Parking / Permeable Areas Shown on Sheet #
1 Number of spaces required for project including calculations and justification: existing &
proposed
2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material [e.g., gravel, paved]
3 Provision for pedestrian and handicap access and parking: existing & proposed
4 Design details of ingress, egress, loading areas and cutting: existing & proposed
5 Location and character of green areas [existing and proposed], modification to green area, buffer
zone to remain undisturbed
6 Lighting, location and design of all existing and proposed outdoor lighting
D. Additional Site Development and Miscellaneous Shown on Sheet #
1 On-site & adjacent watercourses, streams, rivers, lake and wetlands
2 Utility / energy distribution system [gas, electric, solar, telephone]: existing & proposed
3 Location, design and construction details of all existing and proposed site improvements
including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants, etc.
4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial
activities: existing & proposed
5 Signage: Location, size, type, design and setback: existing & proposed
6 Waiver Request: provide letter with application requesting any waivers: please reference
specific items
7 Commercial / Industrial Development requires submission of Landscaping, Stormwater
Management, Grading & Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
Page 5
Area Variance [ZBA approved: September 21 2016]
Pre-Submission Conference Form / Section 179-9-040
1. Applicant Name: __________________________________________________
2. Tax Map ID ________________ Location: _______________________
3. Zoning Classification __________
4. Reason for Review: __________________________________________________________
5. Zoning Section #: ________________________
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Deed ____ _____________
General Information complete ____ _____________
Site Development Data Complete ____ _____________
Setback Requirements Complete ____ _____________
Additional Project Information Complete ____ _____________
FAR addressed ____ _____________
Compliance with Zoning Ordinance ____ _____________
Checklist items addressed ____ _____________
Environmental Form completed ____ _____________
Signature Page completed ____ _____________
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Staff Representative: ________________________________
Applicant / Agent: ________________________________ Date: ___________
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NY industrial code rule 753 requires no less than twoworking days notice, but not more than ten days notice.Before You Dig, Drill Or Blast!CALL US TOLL FREE 1-800-962-7962UNDERGROUND FACILITIESPROTECTIVE ORGANIZATIONNew YorkDig Safely.···