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