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Staff Notes Department of Community Development Queensbury Planning Board Staff Notes April 17, 2012 APPLICATION: Site Plan 22-2012 / Area Variance 20-2012 APPLICANT: Nigro Companies REQUESTED ACTION: Recommendation to the Zoning Board of Appeals concerning the relief requested in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community LOCATION: 735 Glen Street EXISTING ZONING: CI-Commercial Intensive SEQRA STATUS: Type Unlisted WARREN CO. REFERRAL: Sent 3/29/2012 PARCEL HISTORY: SP 44-20M: Outdoor dining area/storm water mitigation Approved 8/18/09 SP 47-08: Building reconfiguration/Five Guys Approved 11/25/08 A.V. 9-05: Parking Relief- Reduction of 18 spaces Approved 1/19/05 S.P. 47-03: Tractor Supply Mod. Approved 1/25/05 A.V. 84-03: Parking Relief Approved 10/15/03 PROJECT DESCRIPTION: Site Plan: Applicant is proposing to retrofit approximately 8,000 square feet of vacant retail space and install a 600 sq. ft. covered patio in the Price Rite Plaza for a Recovery Sports Grill. Revisions to an approved site plan and change of use in the Commercial Intensive zone requires Planning Board review and approval. Area Variances: Relief requested from permeability and parking requirements of the zoning code as per §179-3-040 and §179-4-090 respectively. STAFF COMMENTS: The applicant appears to be using parking associated with the Toys R Us site in the overall calculation; this should discontinue as the lands are separate from Nigro lands. If Nigro has a lease with National Grid to utilize parking spaces, the Toys R Us lease spaces, which appears congruent with the Nigro lease, should be taken into consideration when issuing this recommendation to the Zoning Board of Appeals. Nature of Area Variance: Parcel will require area and parking variances as follows: 1.Area Variance – Request for 33 square feet or 0.01% of additional permeability relief. Note, required permeability is 30%, existing is 21.94%, and proposed is 21.93%. 2.Parking space – Request for 373 spaces below the required 729 spaces. Note, required spaces is 729, existing is 356, proposed is 356; there will be no addition or subtraction of spaces. Further, if leased spaces are included and this variance approved, the site will be operating with 575 total spaces, 154 spaces below the requirement. Note: Parking Variance numerical needs derived from applicant’s parking calculations of which staff concurs. Please see staff comments above and additional comments below with concern to easement parking. Site Plan Review: 1.Erosion and sedimentation controls should be offered for planned site disturbance. Catch basins are in the vicinity of parking lot disturbance proposed. 2.It is assumed that the dumpster location as well as protein recovery (grease) will be placed in the existing enclosures. Clarification should be forth-coming on these locations. 3.Mature landscaping to be removed in area of patio with no replacement proposed. The Planning Board may wish to consider replacement landscaping be required. 4.Existing landscaping along northeast corner of proposal not denoted. Please clarify what, if any change to this location is planned. 5.Fencing on southeast portion of property damaged, unsightly and in need of repair. Additional Comments: 1.The applicant, Nigro Corporation, has a lease agreement with National Grid for the 219 spaces located on and partially on their lands. The Nigro lands are contiguous with National Grid lands and it should be noted that these 219 spaces are also partially leased to the Toys Are Us retailer to the north. It appears that under any circumstance, the installation of additional parking spaces would be problematic as the parcel is overbuilt and remaining open area is limited and not conducive to paving. 2.Concerning SEQR, the applicant has submitted a Short Form EAF. 3.Director of Wastewater comments attached. 4.Fire Marshal comments attached. Application Protocol 4/17/2012 PB recommendation to ZBA 4/18/2012 ZBA review 4/19/2012 PB review L:\Keith Oborne\2012 Staff Notes\Planning\April 17\SP 22-12 Nigro_PBR.doc - 2 -