Staff Notes Staff Notes
ZBA Meeting
Wednesday,
November 20 , 2019
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Sign Variance No.: 10-2019
Project Applicant: McDonald's Corporation
Project Location: 192 Corinth Road/Commercial Intensive—Exit 18 (CI-18)
Parcel History: SP 64-2012; SV 51-2012
SEQR Type: Unlisted
Meeting Date: November 20,2019
Description of Proposed Project:
Applicant proposes to remove 3 menu board signs at the drive thru area to install 2 double panel and 2 single
panel digital signs at the drive thru area. The double panel is to be 17.6 sq. ft. and the single panel is to be 8.8
sq. ft. Relief is requested for number of freestanding signs.
Relief Required:
The applicant requests relief for number of freestanding signs.
Section 140—signs
The applicant proposes four additional free standing signage at the drive-thru areas of the McDonald's site.
Criteria for considering a Sign Variance according to Chapter 140 of Town Law:
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. Minimal impacts to the
neighborhood are anticipated.
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 possible to reduce the
number of signs.
3. Whether the requested sign variance is substantial. The relief requested may be considered
substantial relevant to the code. The relief for the number of signs is four additional signs that are to be
digital.
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 physical or environmental conditions of the district.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to update the drive-thru signage on the site for McDonalds. The plans show the
existing signage at the drive-thru, noting there is no change to the road side free standing sign. The submission
shows the new digital sign panels for pre-menu and menu boards. The applicant has indicated only McDonalds
items are posted on the digital boards.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
fi7tan of(Lycens tit),
Sign Variance Resolution To: Approve/Disapprove
Applicant Name: McDonald's Corporation
File Number: SV 10-2019
Location: 192 Corinth Road
Tax Map Number: 309.13-1-74
ZBA Meeting Date: Wednesday November 20, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application from McDonald's
Corporation for a variance from Chapter 140 of the Sign Code of The Town of Queensbury. Applicant
proposes to remove 3 menu board signs at the drive thru area to install 2 double panel and 2 single'panel
digital signs at the drive thru area. The double panel is to be 17.6 sq. ft. and the single panel is to be 8.8
sq. ft. Relief is requested for number of freestanding signs.
Relief Required:
The applicant requests relief for number of freestanding signs.
Section 140—signs
The applicant proposes four additional free standing signage at the drive-thru areas of the McDonald's
site.
SEQR Type: Unlisted [Resolution/Action Required for SEQR]
Motion regarding Sign Variance No. 10-2019 Applicant Name: McDonald's Corporation based
upon the information and the analysis of the above supporting documentation provided by the
applicant,this Board finds that this will/will not result in any significant adverse environmental
impact. So we give it a Positive/Negative Declaration, Introduced by who
moved for its adoption, seconded by
Duly adopted this 20th day of November 2019, by the following vote:
AYES:
NOES:
A public hearing was advertised and held on Wednesday November 20, 2019
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and
Chapter 267 of NYS Town Law and after 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? INSERT RESPONSE
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
pursue, other than a 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 environmental conditions
in the neighborhood or district? INSERT RESPONSE
S. Is the alleged difficulty self-created? INSERT RESPONSE
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance
would outweigh/would be outweighed by 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 TO APPROVE/DENY Sign Variance SV 10-2019
McDonald's Corporatin, Introduced by , who moved for its adoption, seconded by
As per the resolution prepared by staff with the following:
A. <insert conditions/comments>:
B. 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'
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, Lake George
Park Commission or other State agency or department.
Duly adopted this 20th day of November 2019,by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 49-2019
Project Applicant: David Chainyk
Project Location: 110 Sunnyside North/Waterfront residential(WR)
Parcel History: RC 577-2019
SEQR Type: Type II
Meeting Date: November 20,2019
Description of Proposed Project:
Applicant proposes to remove a converted porch of 176 sq. ft. that is used for kitchen,bath, and entry. The
project is to construct a new 176 sq. ft. area for the kitchen,bath, and entry in the area that is to be removed.
The existing home is 836 sq. ft. floor area and the site has a 441 sq. ft. garage. The project includes adjusting the
roofline to assist with stormwater and ventilation. Relief is requested for setbacks.
Relief Required:
The applicant requests relief for setbacks in the waterfront residential zone (wr).
Section 179-3-040 dimensional relief
The applicant proposes to remove an existing converted porch area to replace with same size addition. The new
construction is to be 6 ft. where a 12 ft. setback is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
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. The project may be
considered to have little to no impact on the neighboring properties.
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. The feasible alternatives may be limited due to the
location of the existing home, lot size and work proposed.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The side setback relief is 6 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 may be considered
to have minimal impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered to be self-
created.
Staff comments:
The applicant proposes to rebuild an existing 176 sq. ft. converted porch and adjust the roof line for better
ventilation. The applicant has indicated the existing 176 sq. ft. is deteriorating and the rebuild will be better
built for the existing home. The plan shows the proposed reconstruction of the 176 sq. ft. area and a photo of
the existing condition.
0, W Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
'lime d(tUCOM wy
Area Variance Resolution To: Approve/Disapprove
Applicant Name: David Chainyk
File Number: AV 49-2019
Location: 110 Sunnyside North
Tax Map Number: 279.17-2-16
ZBA Meeting Date: November 20, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application from David Chainyk.
Applicant proposes to remove a converted porch of 176 sq. ft. that is used for kitchen,bath, and entry. The
project is to construct a new 176 sq. ft. area for the kitchen,bath, and entry in the area that is to be removed.
The existing home is 836 sq. ft. floor area and the site has a 441 sq. ft. garage. The project includes adjusting
the roofline to assist with stormwater and ventilation. Relief is requested for setbacks.
Relief Required:
The applicant requests relief for setbacks in the waterfront residential zone (wr).
Section 179-3-040 dimensional relief
The applicant proposes to remove an existing converted porch area to replace with same size addition. The new
construction is to be 6 ft. where a 12 ft.
setback is required.
SEQR Type H—no further review required;
A public hearing was advertised and held on November 20, 2019;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
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 Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh_(approval) / would be outweighed b 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 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 49-2019, Introduced by , who moved for its adoption, seconded by
Duly adopted this 20t' day of November 2019 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 50-2019
Project Applicant: Mark Brilling
Project Location: 56 Old West Mountain Road/Moderate Density Residential (MDR)
Parcel History: BP 94728-1467; BP 91634-2340
SEAR Type: Type II
Meeting Date: November 20, 2019
Description of Proposed Project:
Applicant proposes to construct a 1,280 sq. ft. second garage and additional driveway area. Project site has an
existing home 1,937 sq. ft. footprint with an attached garage. Relief is requested for a second garage.
Relief Required:
The applicant requests relief for a second garage.
Section 179-5-020 -garage
The applicant proposes a second garage where only one is allowed.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
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, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be limited due to orientation
of the existing home and the proposed location of the new garage.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. The relief requested is for a second garage.
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 may be considered to have
minimal to no impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered to be self-created.
Staff comments:
The applicant proposes a second garage to assist with maintenance of the existing property of 10 acres. The
applicant has indicated lawn equipment and other storage is necessary to be kept inside. The plans show the
location of the garage.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Ybi n of(tyecns)IIII
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Mark Brilling
File Number: AV 50-2019
Location: 56 Old West Mountain Rd.
Tax Map Number: 288.-1-76
ZBA Meeting Date: November 20, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application from Mark Brilling.
Applicant proposes to construct a 1,280 sq. ft. second garage and additional driveway area. Project site has an
existing home 1,937 sq. ft. footprint with an attached garage. Relief is requested for a second garage.
Relief Required:
The applicant requests relief for a second garage.
Section 179-5-020 -garage
The applicant proposes a second garage where only one is allowed.
SEQR Type II—no further review required;
A public hearing was advertised and held on November 20, 2019;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
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 Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also fords 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 TBE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 50-2019 , Introduced by , who moved for its adoption, seconded by
Duly adopted this 20t' day of November 2019 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 51-2019
Project Applicant: Tim &Kathy Bechard
Project Location: 3 North Lane/Waterfront Residential (WR)
Parcel History: SP 73-2019; SEP 689-2019
SEAR Type: Type II
Meeting Date: November 20,2019
Description of Proposed Project:
Applicant proposes to demolish an existing home with a floor area of 1,359 sq. ft. to construct a new home with
a floor area of 2,731 sq. ft. with an attached garage. The project site is on a corner lot and site work includes a
new septic system, permeable driveway, and stormwater management. Relief requested from setbacks and floor
area. Planning Board: Site Plan for new floor area in a CEA.
Relief Required:
The applicant requests relief from setbacks and floor area.
Section 179-3-040 dimensional requirements
The new home is located on a corner lot where the front setbacks are 20 ft to North Lane and Honeysuckle Lane
where a 30 ft setback is required. The rear setbacks are 21 ft where a 30 ft setback is required. Relief is also
requested for the floor area ratio where 28% is proposed and 22% is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
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, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the
configuration of the parcel being a corner lot.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. The relief requested is 10 ft. from each front property line and 9 ft. on each rear
property line. Also the relief requested for Floor area is 6% 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 may be considered to have
minimal impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant has indicated the new home would allow for an updated home with a garage. The home is in a
similar location as the previous home. The plans show the location of the home on the parcel and the elevations.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of Queensbury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Tim&Kathy Bechard
File Number: AV 51-2019
Location: 3 North Lane
Tax Map Number: 226.19-1-53
ZBA Meeting Date: November 20, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application from Tim & Kathy
Bechard. Applicant proposes to demolish an existing home with a floor area of 1,359 sq. ft. to construct a new
home with a floor area of 2,731 sq. ft. with an attached garage. The project site is on a corner lot and site work
includes a new septic system, permeable driveway, and stormwater management. Relief requested from
setbacks and floor area. Planning Board: Site Plan for new floor area in a CEA.
Relief Required:
The applicant requests relief from setbacks and floor area.
Section 179-3-040 dimensional requirements
The new home is located on a corner lot where the front setbacks are 20 ft. to North Lane and Honeysuckle
Lane where a 30 ft. setback is required. The rear setbacks are 21 ft. where a 30 ft. setback is required. Relief is
also requested for the floor area ratio where 28% is proposed and 22% is required.
SEQR Type II—no further review required;
A public hearing was advertised and held on November 20, 2019;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
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 Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh_(qpproval) / would be outweighed b 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 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 51-2019, Introduced by , who moved for its adoption, seconded by
Duly adopted this 201' day of November 2019 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 52-2019
Project Applicant: Fred Troelstra
Project Location: 11 Honey Hollow Road/Moderate Density Residential(MDR)Bedford Close Sect S
Subdivision
Parcel History: n/a
SEQR Type: Type II
Meeting Date: November 20,2019
Description of Proposed Project:
Applicant proposes a 624 sq. ft. new garage to be a second garage on property. The existing home is 2,077 sq.
ft. (footprint) with an attached garage. Relief requested for a second garage.
Relief Required:
The applicant requests relief for a second garage.
Section 179-5-020—garage
The applicant proposes to construct a second garage where only one garage is allowed.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
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, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to
orientation of the existing house and the proposed location of the second garage.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. Relief requested for a second garage where only one is allowed.
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 may be considered to have
minimal to no impact on the environmental conditions of the neighborhood.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments•
The existing home has an attached garage. The applicant has indicated the second garage is for storage of
vehicles. The applicant has indicated the existing shed is to be removed to place the new garage. The plans
show the location of the garage and elevations.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of(Lyeenshury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Fred Troelstra
File Number: AV 52-2019
Location: 11 Honey Hollow Rd.
Tax Map Number: 308.18-1-23
ZBA Meeting Date: November 20, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application from Fred Troelstra.
Applicant proposes a 624 sq. ft. new garage to be a second garage on property. The existing home is 2,077 sq.
ft. (footprint) with an attached garage. Relief requested for a second garage.
Relief Required:
The applicant requests relief for a second garage.
Section 179-5-020—garage
The applicant proposes to construct a second garage where only one garage is allowed.
SEQR Type II—no further review required;
A public hearing was advertised and held on November 20, 2019;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
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 Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/ is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh_(approval) / would be outweighed b 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 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 52-2019, Introduced by , who moved for its adoption, seconded by
Duly adopted this 201h day of November 2019 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 53-2019
Project Applicant: Landcrafter,LLC
Project Location: 704 Glen Street/Commercial Intensive Zone (CI)
Parcel History: SP 75-2019; AV 54-2019
SEAR Type: Type II
Meeting Date: November 20, 2019
Description of Proposed Project:
Applicant proposes a site modification to add 1,523 sq. ft. of new hard-surfacing and stormwater management to
create a traffic interconnect with 708 Glen St. for BuyLow carpet and other commercial businesses. The existing
building is 11,975 sq. ft. There are no changes to the site or building. Relief requested for permeability.
Relief Required:
The applicant requests relief for permeability in the Commercial intensive zone.
Section 179-3-040—dimensional
The applicant proposes a 25.2% where 30 %is the required for permeability. The existing site has 28.4%
permeability.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
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, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to
the existing conditions of the parcel.
3. Whether the requested area variance is substantial. The request for relief may be considered minimal
relevant to the code. The relief requested is 4.8% less than the required 30%.
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.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to construct a paved interconnect from 708 Glen Street to the 704 Glen Street property.
The purpose is to allow for traffic entering 708 Glen Street access to Lafayette Street with a light. The plans
show the location of the interconnect, signage and stormwater controls. In addition,the applicant has shown
parking for the EV vehicles.
Qw- Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
'Tbim of(vueensbury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Landcrafter, LLC
File Number: AV 53-2019
Location: 704 Glen St.
Tax Map Number: 302.6-1-58.1
ZBA Meeting Date: November 20, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application from Landcrafter, LLC.
Applicant proposes a site modification to add 1,523 sq. ft. of new hard-surfacing and stormwater management
to create a traffic interconnect with 708 Glen St. for BuyLow carpet and other commercial businesses. The
existing building is 11,975 sq. ft. There are no changes to the site or building. Relief requested for permeability
Relief Required:
The applicant requests relief for permeability in the Commercial intensive zone.
Section 179-3-040—dimensional
The applicant proposes a 25.2%where 30 %is the required for permeability. The existing site has 28.4%
permeability.
SEQR Type II—no further review required;
A public hearing was advertised and held on November 20,2019;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
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 Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (qpproval) / would be outweighed b 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 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 53-2019, Introduced by , who moved for its adoption, seconded by
Duly adopted this 20t' day of November 2019 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 54-2019
Project Applicant: Landcrafter,LLC
Project Location: 708 Glen Street/Commercial Intensive Zone (CI)
Parcel History: SP 75-2019; AV 53-2019
SEQR Type: Type II
Meeting Date: November 20, 2019
Description of Proposed Project:
Applicant proposes to reuse an existing 7,145 sq. ft. building for commercial use (retail,bank, fast food, food
service, office, etc.). The project includes a new entryway area, a drive thru, and an interconnect with 704 Glen
Street. Relief is requested for setbacks and parking requirements.
Relief Required:
The applicant requests relief setbacks and parking requirements in the commercial intensive zone(Q.
Section 179-3-040
The new roof element to the front property line is to be 34 ft where a 75 ft setback is required and 3 ft to the
north property line where a 20 ft setback is required.
Section 179-4-090-Parking
The relief requested for food service is for 55 spaces, convenient store is 47 spaces, Bank is 35 spaces,Personal
services is 24 spaces, automobile service 26 spaces, office is 24 spaces and grocery is 35 spaces. The plans
show 20 spaces are provided on the site.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
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, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered for fagade
upgrade with no feature extensions however the building is preexisting non-conforming. The site parking
area is also preexisting non-conforming where the previous arrangement had 15 spaces and the applicant site
improvements increase parking to 15 spaces.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief requested for front setback is 41 ft. and the side is 17 ft. The parking is as noted
in parking for the uses tentatively proposed. The applicant intends to market the building for the proposed
uses as identified—if variance is granted then no additional review unless for a different use not listed.
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.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to reuse the existing 7,145 sq. ft. building and market the building for different uses as
noted in the parking relief. The plans show the rendition of the exterior of the building with an arbor feature at
the front and entryway area then a drive-thru feature on the south side of the building. The plans show the
additional improvements including a new curb cut that reduces the existing open curb cut as well as the
interconnect to the 704 Glen Street property—noting interconnect properties is encouraged.
Zoning Board of Appeals
Community Development Department Staff Notes
1 W- 11 ,,
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
7on'n of(Jueenshui7
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Landcrafter,LLC
File Number: AV 54-2019
Location: 708 Glen St.
Tax Map Number: 302.6-1-57
ZBA Meeting Date: November 20, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application from Landerafter,LLC.
Applicant proposes to reuse an existing 7,145 sq. ft. building for commercial use (retail, bank, fast food, food
service, office, etc.). The project includes a new entryway area, a drive thru, and an interconnect with 704 Glen
Street. Relief is requested for setbacks and parking requirements.
Relief Required:
The applicant requests relief setbacks and parking requirements in the commercial intensive zone(CI).
Section 179-3-040
The new roof element to the front property line is to be 34 ft. where a 75 ft. setback is required and 3 ft. to the
north property line where a 20 ft. setback is required.
Section 179-4-090-Parking
The relief requested for food service is for 55 spaces, convenient store is 47 spaces, Bank is 35 spaces,personal
services is 24 spaces, automobile service 26 spaces, office is 24 spaces and grocery is 35 spaces. The plans
show 20 spaces are provided on the site.
SEQR Type II—no further review required;
A public hearing was advertised and held on November 20, 2019;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
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 Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh gpnroval) / would be outweighed b 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 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 FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 54-2019, Introduced by , who moved for its adoption, seconded by
Duly adopted this 2011 day of November 2019 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 39-2019
Project Applicant: 10 Dunham's Bay Road,LLC
Project Location: 10 Dunham's Bay Road/Waterfront Residential (WR)
Parcel History: SP 63-2019; SUP 3-2019
SEQR Type: Type II
Meeting Date: November 20, 2019
Description of Proposed Project:
Applicant proposes to update an existing marina. Work is proposed to the main building to include work on
first floor with reconfiguration of entry and some interior changes. Second floor includes converting a portion
of the building to an open deck lounge area, updating office area and improvements to the showroom. Project
includes site work for parking, pedestrian access and stormwater. The existing buildings on the site include the
boat storage building at 6,913 sq. ft. and the marina building at 2,747 sq. ft. footprint. The existing floor area is
14,631 sq. ft. and proposed is 12,858 sq. ft.
Relief Required:
The applicant requests relief for floor area, setbacks, height,parking and permeability.
Section 179-3-040 dimensional requirements
The applicant proposes exterior fagade and building changes. Relief is requested from the front setback to be
3.6 ft where a 30 ft setback is required and 2.6 ft is existing. Relief is requested for shoreline setback of 0 ft
where a 50 ft is required. Relief is also requested for height for the new roofline 37 ft 2 in where 28 ft height is
the maximum.
Section 179-4-090-Parking
The existing parking on site is 19 spaces and includes parking inside the butler building where 46 spaces
required.
Project note: The floor area is.72 and being reduced to .71 and 22% is the maximum allowed. The
permeability is increased from 23.7% to 23.9%where 75% is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
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,feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to
the lot configuration and the existing building location.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate to
substantial relevant to the code. Relief requested for front setback is 26.4 ft., shoreline relief is 50 ft. and
height relief is 9 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 may be considered to have
minimal impact on the environmental conditions. The applicant proposes some additional greenspace and a
dry well for stormwater management for the roof drainage.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes fagade and exterior changes to the existing main marina/showroom building. The
exterior changes include a new entry area and creation of an open deck area on the second floor. The building
will also have new exterior stairs for access to the outside deck area. There is to be a new upper roof feature that
is to be no higher than the existing roofline, there is a second roof feature that is to have a retractable canopy
over the seating area on the new open deck. The second floor exterior is improved with new windows. The
interior on the second floor is improved with new office areas, showroom area,prep and bar area. Site work
includes new retaining wall with a decorative fence, an upgraded access ramp and stair area to the docks. The
fagade changes include paint colors, siding, and lighting.
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
loitin of(t_ueenshuiy
Area Variance Resolution To: Approve 1 Disapprove
Applicant Name: 10 Dunham's Bay Road, LLC
File Number: AV 39-2019
Location: 10 Dunham's Bay Road
Tax Map Number: 239.20-1-4; 252-1-67
ZBA Meeting Date: November 20, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application from 10 Dunham's Bay
Road,LLC. Applicant proposes to update an existing marina. Work is proposed to the main building to
include work on first floor with reconfiguration of entry and some interior changes. Second floor includes
converting a portion of the building to an open deck lounge area, updating office area and improvements to the
showroom. Project includes site work for parking,pedestrian access and stormwater. The existing buildings on
the site include the boat storage building at 6,913 sq. ft. and the marina building at 2,747 sq. ft. footprint. The
existing floor area is 14,631 sq. ft. and proposed is 12,858 sq. ft.
Relief Required:
The applicant requests relief for floor area, setbacks, height,parking and permeability.
Section 179-3-040 dimensional requirements
The applicant proposes exterior fagade and building changes. Relief is requested from the front setback to be
3.6 ft. where a 30 ft. setback is required and 2.6 ft. is existing. Relief is requested for shoreline setback of 0 ft.
where a 50 ft. is required. Relief is also requested for height for the new roofline 37 ft. 2 in. where 28 ft. height
is the maximum.
Section 179-4-090-Parking
The existing parking on site is 19 spaces and includes parking inside the butler building where 46 spaces
required.
Project note: The floor area is.72 and being reduced to .71 and 22% is the maximum allowed. The
permeability is increased from 23.7% to 23.9%where 75% is required.
SEQR Type II—no further review required;
A public hearing was advertised and held on November 20, 2019;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
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 Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b (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 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 TBE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 39-2019, Introduced by , who moved for its adoption, seconded by
Duly adopted this 201h day of November 2019 by the following vote:
AYES:
NOES: