Application MEYER,
{
FULLER & Y
STnCKWELL - LAKEGEaRGE
July 30 2021
s'�tµ
Town Board,Town of Queensbury
742 Bay Road
Queensbury,New York 12804
Re: Queensbury Masonic Historical Society Zoning Request
Dear Supervisor Strough and Members of the Town Board:
Following my discussions with Stu Baker, I enclose herewith revised application documents for
the proposed zoning change to permit day-care use in the NR zone.
As you know, our firm has been working with the Queensbury Masonic Historical Society with
regard to the zoning of its property at 15 Burke Drive. The Historical Society has received a
proposal from a proposed tenant to operate a day-care center at a portion of the property.The
property, in addition to housing the Historical Society's museum,has housed a preschool in the
past. We believe a day-care center is complimentary to this past use.
The proposal is to add"Day-care Center"to the Neighborhood Residential Zone as defined and
provided for in Chapter 179 of the Code of the Town of Queensbury(the"Zoning Law"). We
believe that this use would meet the current demands of society in general in the post-Covid
employment world. Day-care is often sited as one of the bigger impediments to parents returning
to work,with minimal impact to the Neighborhood Residential zone in general. In reviewing the
Town's zoning map, it appears that this use would be reasonable as to the properties included in
the zone.
Attached are the following exhibits:
1. Chapter 179 Attachment 2- Summary of Allowed Uses in Residential Districts;
2. Chapter 179 Attachment 3- Summary of Allowed Uses in Commercial Districts;
3. Zoning Map.
4. Full SEQRA EAF Form.
The schedules of uses for the residential districts under current Chapter 179 are set forth at
Exhibits 1 and 2,respectively. They reflect that the day-care use is not allowed currently in the
NR zone. The proposal is to permit it following site plan review by the planning board. That
Meyer, Futter$Stockwell, PLLC , 1557 State Route 9, Lake George, NY 12845 6 518.668.2199 • megerfuller.com
way any impacts to surrounding uses or properties can be considered by the board, and a public
hearing held. For the board's reference, we have supplied the current zoning map for the Town at
Exhibit 3, and a full EAF at Exhibit 4.
The application fee of$250 has been paid to the Town. We appreciate the Town Board's
consideration of this request.
It is submitted that if the zoning change is approved, any actual use of my client's property
would be the subject of a separate site plan application.
Please note that I will be out of state working remotely the period from August 19 through
September 5. If the Town permits appearance in its meetings via Zoom or some other platform
during that time, I would be happy to appear. If not,representatives of the Association may be
able to appear as well.
Thank you.
Sincerely,
Matthew F. Fuller,Esq.
mfuller(a meyerfuller.com
Meyer, Fuller&Stockwell, PLLC • 1557 State Route 9, Lake George, NY 12845 518.668.2199 , meyerfuller.com
Revised Oct.2008
TOWN OF QUEENSBURY TOWN BOARD APPLICATION
PETITION FOR CHANGE OF ZONE
Petition No. (Office Use Only):
Applicants Name: QUEENSBURY MASONIC HISTORICAL SOCIETY
Address: 15 BURKE DRIVE, QUEENSBURY,NY 12804
To the Applicant:
The Queensbury Planning Board will review this Petition and make recommendations to the Town Board. As
part of this review, the Planning Board will consider the following questions and submit answers to the Town
Board. As the applicant, you will have the option to provide answers for the Boards to consider.
I. What need is being met by the proposed change in zone or new zone?
Proposed change would permit daycare in the Neighborhood Residential Zone
2. What existing zones, if at�y, c n meet the stated need?
Daycare is not currently liste as an Mllowe�use in any residential zone.
It is permitted in the CM,CI,ESC,MS,NC and zones
3. How is the proposed zone compatible with adjacent zones?
Adiacent zones do not appear to be impacted at all by the proposed request
4. What physical characteristics of the site are suitable to the proposed zone?
Not applicable to request.
5. How will the proposed zone affect public facilities?
The post Covid world has seen an increase in the need for daycare facilities
and this site has been-a preschool in the past(see exhibits) Daycare would
Fit 44 ♦.4 this prior lisp aaj not impact adjai l g prntertiPc
6. Why is the current zone classification not appropriate for the property in question?
Does not permit(InyLare
7. What are the environmental impacts of the proposed change?
We can identify no environmental impacts from the proposed change
1
Revised Oct.2008
8. How is the proposal compatible with the relevant portions of the Comprehensive Land Use Master
Plan?
Tn revieuring the C'T.T TMP mm heli=the ,use is in harmany with the NR zone.
9. How are the wider interests of the Community being served by this proposal?
A-z3oted,the post C:ovid urnrld demnnds better access to dsy ar RF nr s
fyittg are sh ' that aer'y a is Vaets to the-`Vo4ciing publia am li;f itad J aS-
i
economy.
These questions are based on criteria used to review all zoning amendments.
2
Revised Oct.2008
Application-Petition for Change of Zone
The applicant must submit a fee of $250 with the original & seventeen (17) copies of all documentation
requested in this application to the Town Clerk's office. [Copies are distributed as follows: Town Board (5),
Town Clerk(1),Town Counsel(1), Planning Board (9), File Copy(1), and Planning Staff(1).
Petition No. (Office Use Only):
Date Received by Town Clerk:
Date Received by Planning Office:
1. Application For: (check where applicable)
Amendment of Zoning Map
Amendment of Zoning Ordinance
2. Current Zoning: NR
Proposed Zoning:
3. Project Location:
Town Wide
4. Tax Map ID:
5. Applicant:
Address:
Phone: 518-745-8216
6. Applicant's Agent: Meyer,Fuller&Stockwell,PLLC
Address: 1557 State Route 9,Lake George,New York
Phone: 518-668-219
7. Property Owner: Same as applicant
Address:
Phone:
8. Directions to Site:
9. Statistics and Data on Property:
a. Total Area: sq.ft. or acres
b. Dimensions:
Minimum Width:
Average Width:
Minimum Depth:
Average Depth:
3
Revised Oct.2008
Physical Irregularities(describe): None noted
C. Existing use(s): include structures, outdoor uses, rights of way, easements, deeds and
limitations to use of property:
d. Adjacent uses within 400 feet: (state direction, location, use,zone&owner):
NA
e. State, County or Town property within 500 feet:
NA
10. A Map/Survey of the property to be rezoned must be submitted With the application; ite s A through H
must be included on the plan and addressed in the submission waiver from survey update requested
A. Map of property at a scale of 1 inch=40 feet or less with scale, north arrow and topography.
B. Boundaries of property with dimensions in feet, including zoning boundary.
C. Identification of wetlands, watercourses or waterbodies on site.
D. Location of any current structures on site, their exterior dimensions, use and setbacks.
E. Location of any proposed easements and driveways.
F. Location of existing public or private water and sewer facilities.
G. Location of existing and proposed parking and loading facilities.
H. Identification of uses(i.e. residential, commercial, industrial) on property within 500 feet.
11. If Petition is for an amendment to Zoning Ordinance, cite the section(s)to be changed, and wording to
be substituted: 179 Attachment 2,Daycare in the NR zone by SPR(site plan review)
12. In support of this petition,the following statement is made:
More access to daycare is needed by the public in the post-Covid local_economy.
13. The following documents are submitted herewith:
See letter and exhibits
4
Revised OcL 2008
Signature Page
This page includes the 1.)Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.)Authorization for Site
Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentation
required.
OWNER'S AGENT FORM:
Complete the following if the OWNER of the property is not the same as the applicant
Owner:
Designates:
As agent regarding: Variance Site Plan Subdivision
For Tax Map No.: —.Section Block Lot
Deed Reference: Book Page Date
OWNER SIGNATURE: DATE:
APPLICANT'S AGENT FORM:
Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party:
Owner: _Queensbury Masonic Historical Society
esignates: Meyer,Fuller&Stockwell,PLLC
As agent regarding: Variance Site Plan Subdivision Zoning change
For Tax Map No.: IM Section i- Block "W Lot
D efere Book 2�' Page 9 DDate
OWNER URE: DATE:
2.1 ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of
septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review
services will be charged directly to the applicant. Fees for engineering review will not exceed$ 1,000 without notification
to the applicant.
3) AUTHORIZATION FOR SiTE VISITS: By signing this page and submitting the application materials attached herein,
the Owner,Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to
enter the subject properties for the purpose of reviewing the application submitted:
4.) OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity
subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional
permits.
5.1 OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have
a designated stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed
from those tapes constitutes the official record of all proceedings. .
6.1 AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: 1, the undersigned, have thoroughly read and
understand the Instructions for submission and agree to the submission requirements, 1 acknowledge no construction
activities shall be commenced prior to issuance of a valid permit. I certify that the application, plans and supporting
materials are a true and complete statement/description of the existing conditions and the work proposed, and that all
work will be performed in accordance with the approved.plans and in conformance with local zoning regulations. I
acknowledge that prior to occupying the facilities proposed, i or my agents, will obtain a certificate of occupancy as
necessary. I also understand that I/we may be required to provide an as-built survey by a licensed land surveyor of all
newly constructed facilities prior to issuance of a certificate of occupancy
I have read and agree to the above.
SIGNATURE OF APPLICANT: ' DATE:
SIGNATURE OF AGENT: TE: 7woo"z,
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Legend
NYS FOREST LANDS
75 Ft.Waterfront Setback Overlay
1-87 500 Ft.Residential Buffer
Office Zone Residential Development Setback*
Travel Corridor Overlay District
Mobile Home Overlay District
M Design Guideline Areas
Underground Utility Overlay Zone
Zoning Districts
Land Conservation 42 Acre(I-C-42A)
101111Land Conservation 10 Acre(I-C-110A)
Parkland Recreation 42 Acre(PR-42A)
Parkland Recreation 10 Acre(PR-10A)
Rural Residential 5 Acre(RR-5A) Z F 0 R T A N N
Rural Residential 3 Acre(RR-3A)
Waterfront Residential(WR)
Moderate Density Residential(MDR) NP
Neighborhood Residential(NR)
W Planned Unit Development(PUD)
M Main Street(MS) aC '�' �i'^� j , / iEE ';'
r
Office(0)
Recreation Commercial(RC) LC A
Neighborhood Commercial(NC) Lake END,
vilbp
Commercial Moderate(CM)
IM Commercial Intensive(CI)
Commercial Intensive Exit 18(CI-18) t-
ui-
Enclosed Shopping Center(ESC)
Commercial Light Industrial(CLI)
k Heavy Industry(1-11) j clL
RR.
MR
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A,
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K I 1N G, S/11 U R Y1
L A K E L U Z E It N E �o.
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ZONING MAP 742 Bay R.d
O.—Wry.Nw York
Town or USM
N—Y.A _q umrsbury.net
EXHIBIT