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Application
Down o Queen-1 Lr Office Stamp date in/paid USE VARIANCE APPLICATION NUMBER To Be Reviewed By: Zoning Board of Appeals ()Yq Adirondack Park Agency Referral: cross reference — (if applicable) Warren County Planning Referral: Received By: (initial): Amount Received: 1. Applicant's Name: James M. Weller / Street Address: P.O. Box 2015 Upper Bay Road City, State, Zip: Glens Falls New York 12801 Telephone No. (S18 ) 793-3509 _- 2. Agent's Name: No Agent Street Address: City, State, Zip: Telephone No. ( ) 3. Owner's Name: James M. Weller Street Address: P.O. Box 2015, Upper Bay Road City, State, Zip: Glens Falls , New York 12801 Telephone No. ( 518) 793-3509 4. Location of Property: South of Walkup Cutoff Road, Southwest of Intersection of Bay Road & Route 149 5. Description of how to find the property: Form Tnwn of Qiieenshiiry Off i ce Bld. go North on Bay Road to Walkup Cutoff Road, turn Left onto Walkup Cutoff Road. Office Building on your Left. 6. Tax Map Number: Section: 48 Block: 1 Lot: 26 7. Zone Classification: HC-lh Lot Size: 11 .25 acres i 8• Section(s) of the Zoning Ordinance from which you are seeking this Variance: Section 4.020-K Page 1 9. Present Use(s) of Property (explain in detail): Office, Small Repair Shop, & Storage for the operation of J.M. Weller Associates , Inc. 10. Proposed Use of Property: describe the proposed change that you are making to the present use: Cold Storage Building as an accessory to existing use. Building would be used to store existing equipment which is now out of doors. Building would make site more aesthetically pleasing. 11. Is the property in question within 500 feet of a County or State Right of Way or Park, Municipal Boundary or Watershed draining any County or State facilities, requiring review by the WARREN COUNTY PLANNING BOARD: Yes: X No: 12. List the Names, Addresses (include Tax Map Number and Zone) of all adjoining property owners: You may obtain tax map numbers from the Assessment Department as well as the names and addresses of neighboring property owners. 7 -- NORTHERLY: Tax Map Nun..;er: Zone: HC-IA Name: Walkup Cutoff Road & Route 149 Street Address: City, State, Zip: SOUTHERLY: Tax Map Number: 48-1-25 Zone: RR3A Name: Howard & Barbara Bombard Street Address: Bay Road City, State, Zip: Glens Falls, New York 12801 EASTERLY: Tax Map Number: Zone: HC-IA Name: Bay Road Street Address: City, State, Zip: WESTERLY: Tax Map Number: 48-1-3 Zone: RR34 Name: Stanley & Loretta Lackey Street Address: South of Farm To Market Road (Rte 149) City, State, Zip: Page 2 "IMPORTANT • PLEASE READ" n individual who wants to utilize property for a use that is not permitted by the zoning ordinance ust apply for a use variance. An applicant for a use variance must demonstrate that the ordinance ,eates an unnecessary hardship on the property by satisfying all of the following three tests: Reasonable Return The applicant must demonstrate an inability to realize a reasonable return under any of the uses permitted by the zoning ordinance. There must be proof of the applicant's inability to realize reasonable return; speculation or qualitative assessment is inadequate. Failure to realize the highest return is not a hardship. Uniqueness The applicant must prove that a specified unnecessary hardship exists because of (I) exceptional or extraordinary circumstances applying to the property and not applying generally to other properties in the same district and (II) lot size or shape legally existing prior to the date of the zoning ordinance, or topography, or other circumstances over which the applicant has had no control, AND that these circumstances make it impossible to earn a reasonable return without some adjustment. If the features or conditions are generally applicable throughout the district, relief should be accomplished by a zoning amendment, not a variance. Character The applicant must prove that the requested modification will not change the character or quality of the neighborhood. in addition, the "spirit" of the ordinance or local law should be preserved. 'lease answer the following questions. Attach additional sheets if necessary. Is a reasonable return possible if the land is used as zoned? Yes (x ) No ( ) Explain: Property already in use for this purpose for 10 year t Are the circumstances of this lot unique and not due to the unreasonableness of the ordinance? Yes (x ) No ( ) Explain: Zoning has allowed for commercial property to ahntt recidPntial property. I. Is there an adverse effect on neighborhood character? Yes ( ) No (x ) Explain: Building will make site more aesthetically pleasing by placing existing construction equipment under cover. 1. Other comments: Building is not for expansion but for storage of existing equipment. Page 3 APPLICANT PLEASE READ The Planning Department requires 14 maps of your Variance site plan, 1 original application and 13 copies with narrative and supporting reports, if applicable and review fees as required. All maps must be folded to an 8Yzz by 14 inch or smaller format. All components of the submittal must contain all information required under the applicable Town Law or Regulation. A complete application is necessary for placement on the Queensbury Zoning Board of Appeals Agenda. The necessary information that you will need for a complete Variance site plan is listed on the next page. Please return the original application with all pages intact. APPLICATIONS MUST BE RECEIVED BY Z p.m. ON THE DEADLINE DATE. However, submittals will be accepted prior to the submission deadline date for staff review and placement on the agenda. The deadline dates for submission are listed on the deadline submission sheet available in the Planning Department. Applicant please initial 7� Other permits may be required for construction or alterations subsequent to approval by the Zoning Board of Appeals. It is the applicants responsibility to obtain these. Signat a of Applicant Signature of Agent Dated this day of D,so j year 1`)5 Page 4 please attach the following items to your application; 1. A location map showing the site within the Town. 2. A site plan showing existing and proposed features of the property including: A. lot dimensions B. north arrow and scale C. location and dimensions of existing and proposed buildings, showing setback distances and uses D. parking layout to scale E. physical features (streets, steep slopes, lakes, wetlands, etc.) F. location of water and sewer systems, if applicable G. easements and public roads H. adjacent ownership A sample site plan is shown below: .7-0 .fL'T/L aYJ TICM 40 A � �� ♦ / VG J � � �o�.fE `N .I �p.fED L VA y Page 5 QUEENSBURY ZONING BOARD OF APPEALS CHECKLIST Draw to scale ( preferably I inch = 40 feet or less ) a detailed description of the proposed site . A . Title of drawing , including name and address of Applicant and person responsible for preparation of such drawing . B . North arrow, scale and date . C . Boundaries of the property with dimensions in feet , including zoning boundary delineations . D . Existing watercourses , wetlands , and other waterbodies . E . Location of all existing principle and accessory structures and their uses with exterior dimensions and Lot- line and waterfront setbacks . F . Location of all proposed principle and accessory uses and structures with exterior dimensions and setbacks . G . Location of any existing or proposed easements , driveways , outdoor storage and refuse containment areas , including setbacks . H . Location of existing and proposed sewage disposal facilities including lot line , waterfront and well setbacks . Also , location of existing sewage and water systems on adjoining lots . I . Location and description of existing public or private water supply . J . Description of the method of securing public or private water and location . K . Location and design of all existing and proposed parking and loading areas , showing driveways , ingress , egress , handicapped parking and curbing . L . Total number of existing parking spaces , including the number of those to remain or to be removed , those to be paved , those to be gravelled , and total number of proposed new paved space and proposed gravelled spaces , including basis for determining parking adequacy . M . Location , design and construction materials of all existing or proposed site improvements including drains , culverts , retaining walls and fences . N . Location , setbacks and size of all existing and proposed signs , including design and construction details of proposed signs . 0 . Location and proposed development of all buffer areas , including existing vegetative cove- and screening of storage or refuse areas . P . Location and design of all existing and proposed outdoor lighting facilities . Q . Identification of the location and amount of building area proposed for retail sales or similar commercial activity . R . General landscaping plan . S . Other elements integral to the proposed development as considered necessary by the Zoning Board of Appeals . Applicant please initial Applicants should be advised that they are to address all the items on the checklist . If the required information is not on the submissions the application will be removed from the agenda . TOWN OFQUEENSBURY "The parties hereto consent that the proceedings which result from the within application may be taped recorded and transcribed by the Town Clerk or his agent and that such minutes as may be transcribed shall constitute the official record of all proceedings regarding this application, unless the same may vary from the handwritten minutes taken by the Town Clerk or the Secretary of the Planning Board or Zoning Berard of Appeals, in which event the handwritten minutes as to such inconsistencies shall be deemed the official record.' DATE: Gt,Y' 1 2G) 19 i (App{i ant's Signature) BAY AT HAVILAND ROAD QUEENSBURY, NEW YORK, 12801 FOR OFFICE USE ONLY: TELEPHONE: (518) 792-5832 Application Number: Applicants Name: SETTLED 1763 . . . HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE l 74-1"(2187)—Text 12 PROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME James M. Weller Storage Building 3. PROJECT LOCATION: Municipality Town of Queensbury County Warren 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks.etc.,or provide map) East of Bay Road & South of Walkup Cutoff Road 5. IS PROPOSED ACTION: ❑New ®Expansion ❑Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: 2570 sq. ft. Cold Storage Building 7. AMOUNT OF LAND AFFECTED: Initially 1 acres Ultimately i l •25 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑yes ®No If No,describe briefly Variances applied for 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑Residential ❑Industrial El Commercial ❑Agriculture ❑Park/ForesUOpen space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ©Yes ❑No If yes, list agency(s)and permit/approvals Town of Queensbury - Site Plan & Zoning Board Review 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? - ❑Yes ®No If yes, list agency name and permitiapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑yes ❑No Not applicable I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlspons\orr name: r1 rr-,Es •�l ' "`' %L_L'�L Date: l q -2'q-o Signature: If the�ction is in the Coastal Area, and you are a state agency, complete the Costal Assessment Form before proceeding with this assessment OVER 1 PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.12? If yes,coordinate the review process and use the FULL FAF. ❑Yes ®No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another Involved agency. ❑Yes ®No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems?Explain briefly: No adverse affects C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: No adverse affects C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: No adverse affects C4. A community's existing plans or goals as officially adopted.or a change In use or Intensity of use of land or other natural resources?Explain briefly. No adverse affects C6. Growth,subsequent development,or related activities likely to be Induced by the proposed action?Explain briefly. No adverse affects 06. Long term,short term,cumulative,or other effects not Identified In C1•C6?Explain briefly. No adverse affects C7. Other Impacts(Including changes In use of either quantity or type of energy)?Explain briefly. No adverse affects D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Elves 0 No If Yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect Identified above,determine whether It Is substantial,large,Important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c)duration; (d) Irreversibility;(e)geographic scope; and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed action WILL NOT result In any significant adverse environmental Impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Ir Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Prepa,er(if different from responsible o icer) Date 2 TOWN OF QUEENSBURY AUTHORIZATION "TO ACT AS AGENT FOR" I. ............................................... seller/owner of premises located at ........................................ Tax Map Number hereby designate ........................................................ as my agent regarding an application for: ................................................................................................................................................ (Subdivision) (Site Plan Review) (Variance) of the above premises. Deed Reference Book ............ Page ........... Date ................... Does the above parcel represent owner's entire contiguous holdings? Please attach explanation. Signed .................................................... Date .......................................... "NO AGENT" TOWN OF QUEENSBURY Bay at Havdand Road, Queensoury, NY 12804-9725-518-792-5832 F Theodore Turner, Chairman Susan Geotz, Secretary' 7 R.D. #5, Box 409 19 Wincrest Drive 139 Meadowbrook Road Queensbury, New York 12804 Queensbury, New York IZ804 TO: Tame. M- Weller RE: Use Variance No. 120-1989 P.O- Box 2015, llpnar Bay Gnarl James M. Weller GIPn. Fall., N-Y 1219n1 south of Walkup Cutoff Road, southwest of intersection of Bay Road and Route 149 ATTN: James M. Weller DATE: October 18, 1989 Meeting Date We have reviewed the request for: Area Variance X Use Variance Sign Variance Other and have the following recommendations: X APPROVED DENIED TABLED RESOLVED: MOTION TO APPROVE 0SE VARIANCE N0. 120-1989 JAMES M. WELLER Introduced by Mr. Turner who moved for its adoption, seconded by Charles Sicard: To expand the preexisting nonconforming use. The use will minimize the impact of this property on the neighbors which is in keeping with the spirit and objections of the Zoning Ordinance. Duly adopted this 18th day of October, 1989, by the following vote: AYES: Mrs. Goetz, Mr. Sicard, Mr. Kelley, Mrs. Eggleston, Mr. Muller, Mr. Turner NOES: None ABSENT:None PLEASE READ THE BACK OF THIS FORM - Thank you. Approval of this application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park jurisdictional. Sincerely, � Theodore Turner, Chairman Queensbury Zoning Board of Appeals TT/sed cc Warren County Planning We recommend your purchasing the ZONING ORDINANCE so that you may be fully apprised of all Town of Queensbury regulations. Section 10.070 Expiration of Variance Decision by Zoning Board of Appeals Unless otherwise specified or extended by the Zoning Board of Appeals, decision on any request for a variance shall expire if the applicant fails to undertake the proposed action or project, to obtain any necessary building permit to construct any proposed new building(s) or change any existing building(s), or to comply with the conditions of said authorization within one (1) year from the filing date of such decision thereof. Section 10.060 Variance Application Hearing and Decision. C. For decisions involving lands within the Adirondack Park, the Board shall notify the Adirondack Park Agency, by certified mail of such decision. Any variance granted or granted with conditions shall not be effective until thirty (30) days after such notice to the Agency. If, within such thirty (30) day period, the Agency determines that such variance involves the provisions of the Land Use and Development Plan as approved in the local land use program, including any shoreline restriction, and was not based upon the appropriate statutory basis of practical difficulties or unnecessary hardships, the Agency may reverse the local determination to grant the variance. TOWN OF QUEENSBURY Planning Department " NOTE TO FILE ° Mrs. Lee A. York, Senior Planner Date: October 13, 1989 Mr. John S. Goralski, Planner Mr. Stuart G. Baker, Assistant Planner By: John Goralski Area Variance Subdivision: _Sketch, _Preliminary, _Final Use Variance Site Plan Review Sign Variance _ Petition for a Change of Zone Interpretation Freshwater Wetlands Permit Other: Application Number. Use Variance No. 120-1989 Applicant's Name: James M. Weller Meeting Date: October 18, 1989 This is a request for a Use Variance to expand a pre-existing non-comforming use. Although this is technically an expansion, the application states that the purpose is to improve the appearance of the yard. This will minimize the impact of this property on the neighbors which is in keeping with the spirit and objectives of the Zoning Ordinance. JG/pw .IWN Uc uIuhhlAabt D ^DO vl 1 OCT 1'i 1989 WARREN COUNTY 4' PLANNINGQQzoNtNc DEPARTMENT Warren County Municipal Center Lake George, New York 12845 Telephone 518-761-6410 DATE: October 11, 1989 RE: QBY V120-1989 TO: Queensbury Planning & Zoning James M. Weller Town Office Bldg. Bay & Haviland Roads Walkup Cutoff Road Queensbury, NY 12804 Gentlemen/Ladies: At a meeting of the Warren County Planning Board, held on the llth day of October 1989, the above application for a Use Variance to construct a cold storage building for storage of existing equipment as an accessory to an existing use. was reviewed, and the following action was taken. Recommendation to: (/,) Approve ( ) Disapproval ( ) Modify with Conditions ( ) Return Comments: --------------------------------------------------------------------------------- It is the policy of the Warren County Planning Board to follow the procedures of the New York State General Municipal Law, Section 239-M, with regard to Municipal Zoning actions that are referred to and reported thereon. The following are procedural requirements that must be adhered to: 1 .) The Warren County Planning Board shall report its recommendations to the referring municipal agency, accompanied by a full statement for such actions. If no action is taken within thirty (30) days or agreed upon time, the municipal agency may act without such report. 2.) If the recommendation is for disapproval of the proposal, or modification thereof, the municipal agency shall not act contrary to such action except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary actions. 3.) Within seven (7) days after the final action by the municipal agency having jurisdiction on the recommendations, modifications or disapproval of a referred matter, such municipality agency shall file a report with the Warren County Planning Board on the n essary form. J,,t,,, OR Vincent Spitzer, Vice Chairman hn McGilvray, Chaiffman TOWN OF QUEENSBURY Bay at Haviland Road, Queensbury, NY 12804-9725-518-792-5832 10/ 13/89 To: Queensbury Zoning Board of Appeals Queensbury Town Planning Board Warren County Planning Board From: Robert L. Eddy, Chairman �' Queensbury Committee for Community Beautification Re: Variance #. . . . . . - J. M. Weller Site Plan #59-89 - J. M. Weller At a chance meeting with Jim Weller yesterday morning 10/12/89, Jim told me that the Warren County Planning Board had asked why he did not appear before the Queensbury Committee for Community Beautification regarding his proposed building. He did not ask to come and it was ML opinion that his building would not be seen from the public way so no screening or planting should be required , so he was not "invited" . I did, however, suggest the staff .notes ask him to place slats of earth tone colors in the chain link fence, either existing or proposed, to screen the building from the residence next door. I inquired what color the new building would be. Jim said earth tones, probably brown. In view of the placement of the building within the 50 foot buffer zone, I believed a variance had been obtained . Incidently, I am informed that the zoning ordinance does not contain the wording of the superceded ordinance regarding "residential use" , that the wording now is just "residential zone. It is my opinion that the Town owes a moral, if not legal, obligation to protect residential uses next to commercial occupancy. That, in my opinion, is part of the purpose of zoning. I highly recommend a change in the ordinance to include residential use , although, in this instance, the home may be in a residential zone. "HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE" SETTLED 1763