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01-27-2021 (Queensbury ZBA Meeting 01/27/2021) QUEENSBURY ZONING BOARD OF APPEALS SECOND REGULAR MEETING JANUARY 27, 2021 INDEX Area Variance No. 4-2021 Margaret Wallace 1. Tax Map No. 289.7-1-48 Sign Variance No. 1-2021 RNR Tire Express – Jeffrey Leland 4. Tax Map No. 302.6-1-57 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH’S MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury ZBA Meeting 01/27/2021) QUEENSBURY ZONING BOARD OF APPEALS SECOND REGULAR MEETING JANUARY 27, 2021 7:00 P.M. MEMBERS PRESENT MICHAEL MC CABE, CHAIRMAN JAMES UNDERWOOD, VICE CHAIRMAN ROY URRICO, SECRETARY MICHELLE HAYWARD CATHERINE HAMLIN JOHN HENKEL BRENT MC DEVITT, ALTERNATE MEMBERS ABSENT RONALD KUHL LAND USE PLANNER-LAURA MOORE STENOGRAPHER-KAREN DWYRE MR. MC CABE-Good evening. I’d like to open tonight’s meeting of the Queensbury Zoning Board of th Appeals, January 27, 2021. For those who haven’t attended a meeting before, the procedure is pretty simple. We’ll read the application into the record, then allow the applicant to provide pertinent details and question the applicant. If a public hearing has been advertised, we’ll open the public hearing and take comments from the public. We’ll poll the Board to see how they stand on the application, and then proceed accordingly. So tonight our first is AV 4-2021, Margaret Wallace. NEW BUSINESS: AREA VARIANCE NO. 4-2021 SEQRA TYPE TYPE II MARGARET WALLACE OWNER(S): MARGARET WALLACE ZONING WR LOCATION 12 REARDON RD. APPLICANT PROPOSES REMOVING THE EXISTING GARAGE OF 12 FT. X 25 FT. AND TO CONSTRUCT A 22 FT. X 25 FT. (550 SQ. FT.) GARAGE. THE HOME IS TO BE 2,602 SQ. FT. WITH THE PROPOSED ATTACHED GARAGE AND THE PREVIOUSLY APPROVED 380 SQ. FT. ENCLOSED PORCH. THE PROPOSED FLOOR AREA TO BE 2,938 SQ. FT. RELIEF REQUESTED FOR SETBACKS. CROSS REF AV 20-2020; 92224 WARREN CO. PLANNING N/A LOT SIZE 0.34 ACRES TAX MAP NO. 389.7-1-48 SECTION 179-3-040; 179-5-020 MARGARET WALLACE, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 4-2021, Margaret Wallace, Meeting Date: January 27, 2021 “Project Location: 12 Reardon Rd. Description of Proposed Project: Applicant proposes removing the existing garage of 12 ft. x 25 ft. and to construct a 24 ft. x 25 ft. (600 sq. ft.) garage. The home is to be 2,988 sq. ft. with the proposed attached garage and the previously approved 380 sq. ft. enclosed porch. The proposed floor area to be 2,998 sq. ft. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks. Section 179-3-040 dimensional and Section 179-5-020 –garage The new garage is to be located 23 ft. from the front property line where a 30 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 (Queensbury ZBA Meeting 01/27/2021) 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 considered to be limited due to the location of the existing home. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. Relief is requested for 7 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 to no 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 self- created. Staff comments: The applicant proposes to construct a 600 sq. ft. attached garage. The plans show the existing garage and the proposed garage. The elevations indicate there is to be one garage door.” MR. MC CABE-So, Margaret, are you there? MS. WALLACE-I am. MR. MC CABE-So you need to understand, because I think we’ve visited this property here not too long ago, that there’s not a frequent user discount. MS. WALLACE-Okay, Mike. MR. MC CABE-So do we have any questions of the applicant here? It’s pretty straightforward. No questions? So a public hearing has been advertised, and so at this particular time I’m going to open the public hearing and seek input from anybody in the public who cares to comment on this project, and I’m going to ask Laura, is there any written comment? PUBLIC HEARING OPENED MRS. MOORE-There’s no written comment. MR. MC CABE-Do we have anybody lined up that wants to speak on this particular application? MRS. MOORE-If there are people in attendance that wish to raise their hand for this particular project they can, but I believe the current attendees that are here are for the next application. MR. MC CABE-Okay. So at this particular time I’m going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-And I’m going to poll the Board and I’m going to start with John. MR. HENKEL-They’re only asking for one variance. It’s a very small variance of only seven feet. So there’s no undesirable change to the neighborhood. It fits in well with the character of the house. So I don’t see any problem with this and I‘d be on board with this as is. MR. MC CABE-Michelle? MRS. HAYWARD-I’m in favor. It’s a minimal request. MR. MC CABE-Roy? MR. URRICO-Yes, I’m in favor of the application as well. MR. MC CABE-Cathy? MRS. HAMLIN-Yes, I’ll vote in favor. MR. MC CABE-Jim? MR. UNDERWOOD-It’s a minimal request. I’m in favor. MR. MC CABE-Brent? 3 (Queensbury ZBA Meeting 01/27/2021) MR. MC DEVITT-It’s a minimal request, Mr. Chairman. It’s a small variance. There’s no undesirable change. So I would be in favor as well. MR. MC CABE-And I, too, support the project. So at this particular time I’m going to ask Cathy to make a motion here. The Zoning Board of Appeals of the Town of Queensbury has received an application from Margaret Wallace. Applicant proposes removing the existing garage of 12 ft. x 25 ft. and to construct a 24 ft. x 25 ft. (600 sq. ft.) garage and that will require seven foot setback relief. The home is to be 2,988 sq. ft. with the proposed attached garage and the previously approved 380 sq. ft. enclosed porch. The proposed floor area to be 2,998 sq. ft. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks. Section 179-3-040 dimensional and Section 179-5-020 –garage The new garage is to be located 23 ft. from the front property line where a 30 ft. setback is required. SEQR Type II – no further review required; A public hearing was advertised and held on Wednesday, January 27, 2021. 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. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties as it is a minimal request and similar to the character of other houses in the neighborhood. 2. Feasible alternatives were not considered. They don’t really seem to be necessary as this is a pretty minimal request. 3. The requested variance is not considered by the Board to be substantial in terms of the amount being asked for. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty can be considered to be self-created, but that doesn’t rule anything out. 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) 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) 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 AREA VARIANCE NO. 4-2021 MARGARET WALLACE, Introduced by Catherine Hamlin, who moved for its adoption, seconded by Michelle Hayward: th Duly adopted this 27 Day of January 2021 by the following vote: AYES: Mr. Henkel, Mrs. Hayward, Mr. Urrico, Mr. McDevitt, Mrs. Hamlin, Mr. Underwood, Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. MC CABE-Margaret, congratulations. You have a project here. MS. WALLACE-Thank you very much. I would ask that I end up with at least five copies of the maps, because I will need them for my contractors. 4 (Queensbury ZBA Meeting 01/27/2021) MR. MC CABE-That’s going to be a little hard because we can’t pass them to you through the video here. You’ll have to talk to Laura about that. MS. WALLACE-All right. I have mentioned it to Laura already. Okay. Thank you, Mike. Thank you everyone. MR. MC CABE-Our next application is SV 1-2021, RNR Tire Express, 708 Glen Street. SIGN VARIANCE NO. 1-2021 SEQRA TYPE UNLISTED RNR TIRE EXPRESS – JEFFREY LELAND AGENT(S) JEFFREY LELAND OWNER(S) LANDCRAFTERS, LLC ZONING CI LOCATION 708 GLEN ST. APPLICANT PROPOSES TO INSTALL A 50 SQ. FT. FREESTANDING SIGN (13 FT. NORTH, 14.6 FT. WEST) WITHIN THE EXISTING SIGN STRUCTURE AT 708 GLEN STREET. THE SIGN IS TO BE LESS THAN 15 FT. FROM THE FRONT AND SIDE PROPERTY LINE. RELIEF REQUESTED FOR SIZE AND SETBACK OF SIGN. CROSS REF AV 54-2019; SP 76-2019; CC 120-2020; SIGN 558-2020; SIGN 559-2020; P20040064; P20040107; 020040553; AV 113- 1989; SP 69-89 WARREN COUNTY PLANNING JANUARY 2021 LOT SIZE 0.47 ACRES TAX MAP NO. 302.6-1-57 SECTION 140 JEFF LELAND, JOHN CARR & AARON WEST, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Sign Variance No. 1-2021, RNR Tire Express – Jeffrey Leland, Meeting Date: January 27, 2021 “Project Location: 708 Glen St. Description of Proposed Project: Applicant proposes to install a 50 sq. ft. freestanding sign (13 ft. north, 14.6 ft., west) within the existing sign structure at 708 Glen Street. The sign is to be less than 15 ft. from the front and side property line. Relief requested for size and setback of sign. Relief Required: The applicant requests relief for size and setback of sign. Section 140 –signs The sign size is to be 50 sq. ft. where a 45 maximum size allowed. The sign is to be 14.6 ft. from the front property line and 13.0 ft. from the side property line (north) where a 15 ft. setback is required. 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 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 a sign variance. Feasible alternatives may be considered to reduce the sign size. Altering the location may be difficult due to the existing site arrangement for parking and drive aisle. 3. Whether the requested sign variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested for setbacks 0.4 ft. to the front setback and 2 ft. to the north side setback; the size is 5 ft. greater than 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 as proposed may 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 applicant proposes to utilize an existing sign frame and pole to place a 50 sq. ft. sign within it. The survey shows the location of the sign and the edge of the sign for setback. The applicant has included the site plan for the building with parking. In addition, the plans are provided for the sign for the business.” MR. MC CABE-So is Jeffrey Leland here? 5 (Queensbury ZBA Meeting 01/27/2021) MR. LELAND-Yes. I’m here. Good evening. MR. MC CABE-So do you have anything to add? MR. LELAND-I think this is my first time before you. I was wondering if there were any first time flyer discounts. MR. MC CABE-Not tonight. MR. LELAND-It was worth a shot. So, yes, I think it’s pretty self-explanatory in the application. I’d just say that we’re trying to use the existing frame that’s at the top of the pole as well and not have to undergo another significant expense to reduce the size of the sign. Aaron West from West Signs is on the call with us as well as Mr. Carr who owns the property if they want to chime in with anything, but we had discussed the possibility of maybe reducing the size of that outline of the frame if you will where the sign goes in, but the fact of the matter is the edges of the sign are black. So it really wouldn’t work in this instance. MRS. MOORE-Jeff, I added Aaron and John to the call in case they wanted to add something else. MR. LELAND-Thank you. Maybe if you have questions they could help there, too. MR. MC CABE-I just want to clarify. So basically this is a sign that has existed probably for quite a while. Right? MR. LELAND-Yes. MR. MC CABE-And so you’re just changing the graphic and nothing else. MR. LELAND-Correct. MR. MC CABE-So do we have other questions of the applicant? Seeing none, we have a public hearing advertised. So I’d like to invite anybody from the public who would like to speak on this particular application, and, Laura, do we have any written communication on this particular project? PUBLIC HEARING OPENED MRS. MOORE-There’s no written communication on this project. MR. MC CABE-So does anybody want to provide input? So seeing nobody commenting from the public, I’m going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-And I’m going to poll the Board, and I’m going to start with Jim. MR. UNDERWOOD-It’s a simple replacement. The fact that the sign has been there all these years, no one’s complained about it, I think we can live with it. There are setback reasons for where that sign is because of the constraints on the lot. I support it. MR. MC CABE-Brent? MR. MC DEVITT-Thank you, Mr. Chairman. As Mr. Leland indicates, this is an existing frame. The edges of the sign are black. So just keeping in tune with what’s there, I have nothing but support for what they’re asking for here, and certainly wish them all the best in their pursuits here, in the tire business now. MR. MC CABE-John? MR. HENKEL-Yes, if this were coming to us as a new sign I would request that it be down to the 45 square feet, but being an existing sign that’s been there, and it’s very minor. It’s only five square feet of relief, then you’ve got the relief from these setbacks of two feet and .6 feet. So they’re very minor. I think it fits into the neighborhood with the other signs and I would be on board with it also. MR. MC CABE-Michelle? MRS. HAYWARD-I’m also in favor. It’s in keeping with the character of the neighborhood, the longstanding presence of the sign, and there won’t be any adverse impact on the physical or environmental conditions in the neighborhood. MR. MC CABE-Roy? 6 (Queensbury ZBA Meeting 01/27/2021) MR. URRICO-Yes. I’m in agreement with everybody else. This is a one for one swap. I think it’s a good application. MR. MC CABE-Cathy? MRS. HAMLIN-I agree with Mr. Henkel that were this an entirely new sign I would want to see compliance, but this is an inexpensive fix and it’ll improve the aesthetics. So I would be in favor as well. It’s a very minimal request as well. MR. MC CABE-And I see it as a minimum request and a sign that’s been in existence for a significant period of time. So I support the project. So at this particular time, Michelle, I’m going to ask for a motion here. Excuse me, wait a minute . First we have to do SEQR. So, John, can I get a motion on SEQR here. MOTION REGARDING SIGN VARIANCE NO. 1-2021. APPLICANT NAME: RNR TIRE EXPRESS (JEFFREY LELAND), BASED UPON THE INFORMATION AND THE ANALYSIS OF THE ABOVE SUPPORTING DOCUMENTATION PROVIDED BY THE APPLICANT, THIS BOARD FINDS THAT THIS WILL NOT RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT. SO WE GIVE IT A NEGATIVE DECLARATION, Introduced by John Henkel who moved for its adoption, seconded by Brent McDevitt: Duly adopted this 27th Day of January 2021, by the following vote: AYES: Mrs. Hayward, Mrs. Hamlin, Mr. Underwood, Mr. Urrico, Mr. McDevitt, Mr. Henkel, Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. MC CABE-So now, Michelle, I’m going to ask you for a motion on the Sign Variance here. The Zoning Board of Appeals of the Town of Queensbury has received an application from RNR Tire Express (Jeffrey Leland). Applicant proposes to install a 50 sq. ft. freestanding sign (13 ft. north, 14.6 ft., west) within the existing sign structure at 708 Glen Street. The sign is to be less than 15 ft. from the front and side property line. Relief requested for size and setback of sign. Relief Required: The applicant requests relief for size and setback of sign. Section 140 –signs The sign size is to be 50 sq. ft. where a 45 maximum size allowed. The sign is to be 14.6 ft. from the front property line and 13.0 ft. from the side property line (north) where a 15 ft. setback is required. SEQR Type: Unlisted \[ Resolution / Action Required for SEQR\] Motion regarding Sign Variance No. 1-2021. Applicant Name: RNR Tire Express (Jeffrey Leland), based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will not result in any significant adverse environmental impact. So we give it a Negative Declaration, Introduced by John Henkel who moved for its adoption, seconded by Brent McDevitt: Duly adopted this 27th Day of January 2021, by the following vote: AYES: Mrs. Hayward, Mrs. Hamlin, Mr. Underwood, Mr. Urrico, Mr. McDevitt, Mr. Henkel, Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl A public hearing was advertised and held on Wednesday, January 27, 2021; 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? They’re using the existing location and frame of this sign that’s been there for many years. 7 (Queensbury ZBA Meeting 01/27/2021) 1. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? No, it’s really not required in this case. 2. Is the requested sign variance substantial? No. They’re only asking for five feet of relief for the area of the sign and there are really no adequate other locations on the property for the sign. 3. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? No, there will not as demonstrated by the SEQRA. 4. Is the alleged difficulty self-created? Yes, it is. 5. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or community; 6. 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 SIGN VARIANCE SV 1- 2021, RNR TIRE EXPRESS, Introduced by Michelle Hayward, who moved for its adoption, seconded by Roy Urrico: As per the resolution prepared by staff with the following: A. 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; B. 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; C. 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’ D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. 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. th Duly adopted this 27 Day of January 2021, by the following vote: AYES: Mrs. Hamlin, Mr. McDevitt, Mrs. Hayward, Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. MC CABE-So, Mr. Leland. You didn’t get your discount but you did get your project. So, Laura, what do we do about getting Margaret’s maps back to her? MRS. MOORE-We should have enough applications left over in our materials that we have here. MR. MC CABE-Okay. MRS. HAMLIN-I live very close. I could always throw it in an envelope and leave it with the guard it you want. MRS. MOORE-Yes, you could leave it with the guard, or we have a black box at the back of our office building now. If you feel like dropping it off in there and just throw a sticky note on top of it if you can and let us know that you dropped it off. That way I’ll have it, but if possible. We have enough here, but if you’re driving by and you still have it and you want to drop it off that is fine, too. I appreciate it. MR. MC DEVITT-I’ll drop mine, Laura, I’m five minutes from there. I’ll just drop it tomorrow in the box on my way. MR. UNDERWOOD-I can drop mine, too. 8 (Queensbury ZBA Meeting 01/27/2021) th MRS. MOORE-That sounds good. I do want to let you know that on February 16 I have Soil & Water th doing a stormwater presentation on the 16 and it starts at 6 p.m., runs to 7 p.m.. You will get an invite to that. It will be a Zoom meeting again. In case you’re interested. It does count towards your training. MRS. HAMLIN-Repeat that time and date? MRS. MOORE-So Soil & Water Conservation District will be doing a stormwater presentation . th MR. HENKEL-The 16? th MRS. MOORE-February 16. Correct. MRS. HAMLIN-At what time will that be? MRS. MOORE-Six p.m. MRS. HAMLIN-Is that before one of our meetings? MRS. MOORE-It’s before the Planning Board meeting/ MRS. HAMLIN-Okay. So it’s a Tuesday then? MRS. MOORE-Correct. MR. MC CABE-So if there’s no more business, I make a motion that we adjourn tonight’s meeting. MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF TH JANUARY 27, 2021, Introduced by Michael McCabe who moved for its adoption, seconded by Michelle Hayward: th Duly adopted this 27 day of January, 2021, by the following vote: AYES: Mr. Underwood, Mr. Urrico, Mrs. Hamlin, Mrs. Hayward, Mr. McDevitt, Mr. Henkel, Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. MC CABE-Thank you very much for your attention. We’ll see you in four weeks. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Michael McCabe, Chairman 9