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Approval Resolution.09.25.2013 Zoning Board of Appeals - Record of Decision Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 FOLLOW-UP RESOLUTION September 26,2013 TO: Tribals, LLC PROJECT FOR: Tribals, LLC /Richard Davidson Richard Davidson 1043 State Route 9 PO Box 409 ZBA Meeting Date: Wed.,September 25,2013 Glens Falls, NY 12801 Your application,after review and consideration by the Zoning Board of Appeals,was: _X_ Approved. 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 has expired. See section 179-14-090 A copy of the resolution is attached. Additional requirements and review for this project shall include: Zonina Office _X_ See approval conditions in resolution. _X_ Submit four (4) copies of the approved plan depicting all changes and conditions of the approval as adopted by the Zoning Board of Appeals. Please bring the plans to the Zoning Office for the Zoning Administrator's signature. These plans will need to be reviewed and approved prior to issuance of a building permit. _X_ Please contact Bruce Frank,Code Compliance Officer at 761-8226 within 30 days of the ZBA approval date for a pre-construction meeting before any work is started. Buildina Department Application for a Building Permit Application for a Certificate of Occupancy Application for necessary Sign permits,if applicable _X_ No further discretionary review is necessary at this time This office will be performing necessary inspections related to Site issues, not Building Code issues, throughout the duration of the project. Completion of and continued compliance with all details and conditions of approval are required in order to receive and maintain approvals. Sincer y, Crag Brown Zoning Administrator CB/sh Encl. cc: Tom Center,Noce Engineering Zoning Board of Appeals - Record of Decision Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Steven Jackoski, Chairman Roy Urrico, Secretary TO: Tribals, LLC PROJECT FOR: Tribals, LLC /Richard Davidson Richard Davidson 1043 State Route 9 PO Box 409 ZBA Meeting Date: Wed.,September 25,2013 Glens Falls, NY 12801 RESOLUTION TO: Approve Area Variance No. 51-2013, Tribals, LLC / Richard Davidson, 1043 State Route, Tax Map No.296.9-1-2 The Zoning Board of Appeals of the Town of Queensbury has received an application from Tribals. LLC / Richard Davidson for a variance from Section(s): 179-4-110 of the Zoning Code of The Town of Queensbury in order to construct underground utilities to accommodate their brewery and tasting room. Relief is requested for the relocation of electrical service per National Grid (underground utility). The relocation of the 2 existing poles will be moved from the parking lot to the existing green areas (south property line); one(1)existing pole will be eliminated. SEQR Type II-no further review required; A public hearing was advertised and held on September 25,2013. 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 area variance? No. It seems that it's been well thought out and the risks of going underground based on possible stormwater challenges certainly makes sense to do It this way. 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an area variance? No, R sounds like you guys have done your homework and considered the other aBernotives,and this is the most feasible approach. 3. Is the requested area variance substantial? If you look at the distances it is, but in reality I would consider it to be minor, and as our Chairman stated, the intent was to put new development underground,and you guys have done a good job in engineering this in our opinion. 4. Will the proposed area variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? No, none of us believe that that is the case. 5. Is the alleged difficulty self-created? To some degree, but this is an older building with antiquated structures and utilities. So in reality,you didn't self-create this. Page 1 of 2 Zoning Board of Appeals - Record of Decision Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ZBA Decision Resolution(continued) ZBA Meeting Date: Wed.,September 25,2013 Area Variance Application No. 51-2013,Tribals, LLC / Richard Davidson 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 Area Variance No. 51-2013, TRIBALS. LLC / RICHARD DAVIDSON, Introduced by Harrison Freer who moved for its adoption, seconded by Michael McCabe: 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 building 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 building 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 25m day of September 2013,by the following vote: AYES: Mrs. Hunt,Mr. Henkel,Mr. Kuhl, Mr. Freer, Mr. McCabe, Mr.Garrand NOES: NONE Steven Jackoski,Chairman Queensbury Zoning Board of Appeals SJ/sh cc:Tom Center, Noce Engineering Page 2 of 2