Staff Notes Staff Notes
ZBA
April 20 , 2022
Administrative Items:
Approval of Meeting Minutes March 16, 2022 and
March 23, 2022
Old Business:
AV 5-2022 Cerrone Land Holdings
New Business:
AV 13-2022 Queensbury Square LLC
SV 3-2022 Hoffman Development Corp.
Queensbury Zoning Board of Appeals Agenda
Meeting: April 20, 2022 Time: 7:00- 1 1:00 pm
Queensbury Activities Center—742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Administrative Items: Approval of Meeting Minutes for March 16,2022 and March 23,2022
OLD BUSINESS:
Applicant(s) Cerrone Land Holdings Area Variance No. AV 5-2022
Owner(s) City of Glens Falls SEQRA Type Type I Coordinated
Agent(s) Hutchins Engineering Lot Size 49.98 acres
Location Sherman Avenue Zoning MDR
Ward No. Ward 3
Tax Id No 301.18-2-1 Section 179-3-040
Cross Ref SUB 2-2022;SUB 7-2021 Warren County Planning n/a
Public Hearing January 26, 2022;February 23, 2022;March 16, 2022; Adirondack Park Agency n/a
March 23, 2022;April 20,2022
Project Description: Applicant proposes a 45 residential subdivision of a 49.5 acre parcel.The lots range in size from 0.47 ac.to 1.57
acres.The project includes a homeowners association property.There are to be two access points to Sherman Avenue.The sites would
have on site septic and be connected to municipal water supply.Project includes a 20 ft.no cut buffer on the north property lines.
Planning Board review for a subdivision.Relief requested for lot size and setbacks.
NEW BUSINESS:
Applicant(s) Queensbu Square LLC Area Variance No AV 13-2022
Owner(s) Queensbury Square LLC SEQRA Type Type II
Age t s Hutchins Engineering PLLC Lot Size 1.41 acres
Location 909 State Route 9 Zoning CI
Ward No. Ward 2
Tax Id No 296.17-1-38 Section 179-3-040; 179-13-010; 179-
4-090
Cross Ref SP 23-2022;AV 1-2020;SP 1-2020;AV 78-2017; Warren County Planning April 2022
SP 76-2017;SP 8-2015;AV 59-2010;SP 70-2010
Public Hearing I Aril 20,2022 1 Adirondack Park Agency n/a
Project Description: Applicant proposes a 9,220 sq.ft.addition to the existing 7,000 sq.ft.liquor store where a 5,460 sq. ft.
foundation has been constructed.The total building to be 16,220 sq.ft.The fagade has been updated to reflect one building entrance
for the addition.The main building to remain the same. Project includes site work for lighting,landscaping,and stormwater. Site plan
review for commercial construction in the Commercial Intensive zone. Relief requested for setbacks,expansion of nonconforming
structure,and parking.
Applicant(s) Hoffinan Development Corp. Sin Variance No. SV 3-2022
Owners 919 State Route 9,LLC SEQRA Type Unlisted
Agent(s) Frank Palumbo CT Male Lot Size 2.01 acres
Location 919 State Route 9 Zoning CI
Ward No. Ward 2
Tax Id No 296.17-1-42 Section 140
Cross Ref SP 71-2021;PZ-DISC-0005-2021;P-SSE- Warren County Planning April 2022
0008-2017;PZ-0189-2016;SP 53-2011;
SP 57-95;SP 38-90
Public Hearing Aril 20,2022 Adirondack Park Agency n/a
Project Description: Applicant proposes a 138 sq.ft.freestanding sign.Relief requested for freestanding sin greater than 45 sq.ft.
Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals
L:\Karen Dwyre-Zoning Office\ZBA Monthly 2022Wpril 20,2022\ZBA Final Agenda April 20,2022.docx
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 5-2022
Project Applicant: Cerrone Land Holdings
Project Location: Sherman Avenue
Parcel History: SUB 2-2022; SUB 7-2021
SEQR Type: Type I Coordinated
Meeting Date: April 20, 2022
Description of Proposed Project:
Applicant proposes a 45 residential subdivision of a 49.5 acre parcel. The lots range in size from 0.47 ac. to
1.57 acres. The project includes a homeowners association property. There are to be two access points to
Sherman Avenue. The sites would have on site septic and be connected to municipal water supply. Project
includes a 20 ft. no cut buffer on the north property lines. Planning Board review for a subdivision. Relief
requested for lot size and setbacks.
Relief Required:
The applicant requests relief for lot size and setbacks for a proposed subdivision in the Moderate Density
Residential zone. MDR. Parcel is 49.5 acres.
Section 179-3-040 Dimensional
The applicant proposes 45 residential lots ranging in size from 0.47 ac to 1.57 ac where a two acre lot minimum
is required where lots do not have access to both sewer and water. The project has access to municipal water
but will have on-site septic systems. In addition, relief is requested for the setbacks for Moderate Density Zone
-Rear setback required is 30 ft. proposed is 20 ft., Side setback required is 25 ft. and 15 ft. is proposed,the front
setback of 30 ft. is not proposed to change.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. The project minimal to
moderate impact on the neighboring properties. The applicant has indicated some lot sizes are similar to
adjoining neighborhoods.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. The feasible alternatives are available to develop the
parcel with compliant lots.
3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to
the code. The number of allowable lots would be 22. The setback relief would be 10 ft to the rear and 10 ft
to the sides. Lot size relief ranges from 1.53 ac to 0.43 acres.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed may be considered
to have minimal impact on the environmental conditions of the site or area. The project would convert an
existing leaf dump to residential lots.
S. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
Staff comments:
The applicant proposes a 45 lot subdivision for a 49.5 acre parcel. The plans show the lot arrangement with two
access points to Sherman Avenue. The lot arrangement also shows the Homeowners Association land and the
applicant has noted services would be part of the agreement(i.e. garbage removal, septic pump outs etc.). The
board may wish to discuss constraints of the property for decks,pools, sheds as common accessory buildings.
The application had been tabled at the previous meetings 1/26/22, 2/23/2022, 3/16/2022 for a full board.
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
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Tonn of(Jucenshuq
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Cerrone Land Holdings
File Number: AV 5-2022
Location: Sherman Avenue
Tax Map Number: 301.18-2-1
ZBA Meeting Date: January 26, 2022; February 23, 2022;March 16, 2022; April 20, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Cerrone Land
Holdings. Applicant proposes a 45 residential subdivision of a 49.5 acre parcel. The lots range in size from 0.47
ac. to 1.57 acres. The project includes a homeowners association property. There are to be two access points to
Sherman Avenue. The sites would have on-site septic and be connected to municipal water supply. Project
includes a 20 ft. no cut buffer on the north property lines. Planning Board review for a subdivision. Relief
requested for lot size and setbacks.
Relief Required:
The applicant requests relief for lot size and setbacks for a proposed subdivision in the Moderate Density
Residential zone. MDR. Parcel is 49.5 acres.
Section 179-3-040 Dimensional
The applicant proposes 45 residential lots ranging in size from 0.47 ac to 1.57 ac where a two acre lot minimum
is required where lots do not have access to both sewer and water. The project has access to municipal water
but will have on-site septic systems. In addition, relief is requested for the setbacks for Moderate Density Zone
-Rear setback required is 30 ft. proposed is 20 ft., Side setback required is 25 ft. and 15 ft. is proposed,the front
setback of 30 ft. is not proposed to change.
SEQR Type I Coordinated;
A public hearing was advertised and held on January 26, 2022, February 23, 2022,March 16, 2022, &April 20,
2022.
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:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh(approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 5-2022, Introduced by , who moved for its adoption, seconded by
Duly adopted this 20th Day of April 2022 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 13-2022
Project Applicant: Queensbury Square,LLC.
Project Location: 909 State Route 9
Parcel History: SP 23-2022; AV 1-2020; SP 1-2020; AV 78-2017; SP 76-2017; SP 8-2015; AV 59-
2010; SP 70-2010
SEQR Type: Type II
Meeting Date: April 20,2022
Description of Proposed Project:
Applicant proposes a 9,220 sq. ft. addition to the existing 7,000 sq. ft. liquor store where a 5,460 sq. ft.
foundation has been constructed. The total building to be 16,220 sq. ft. The fagade has been updated to reflect
one building entrance for the addition. The main building to remain the same. Project includes site work for
lighting, landscaping, and stormwater. Site plan review for commercial construction in the Commercial
Intensive zone. Relief requested for setbacks, expansion of nonconforming structure, and parking.
Relief Required:
The applicant requests relief for setbacks, expansion of nonconforming structure, and parking. The zone is
Commercial Intensive and the lot is a corner lot. The parcel is 1.42 acres.
Section 179-3-040 Dimensional, Section 179-13-010
Relief for the new building area where the building is to be 27 ft. to covered entrance areas on Weeks Road
where a 75 ft. setback is required. Front setback relief from Route 9 to the stairs is 72.5 ft. and 73 ft. from the
porch and post where 75 ft. is required. In addition, relief for parking is requested where 62 spaces are required
and 55 are proposed. The existing loading dock is to remain and is 1.8 ft. from the property line on Weeks
Road where a 75 ft. setback is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives for the setbacks may be limited
due to the location of the existing building. The feasible alternatives for parking may be considered for
reducing the building size, altering the building so deliveries are on the south or west side of the building as
the building is now for one tenant.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief requested to Weeks Road is 48 ft and to Route 9 is 2.5 ft/3 ft and 73.2 ft
(loading dock).
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project will have minimal impact on the
physical or environmental conditions.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes a 9,220 sq ft building addition for a total building of 16,220 sq ft. The plans show the
foundation of the approved building of 5,460 sq ft. The building is to be one tenant for a Liquor Store. The
Main building fagade and porches are to be altered so they will be consistent with the addition and entryway.
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
"Ibim of Queenshun
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Queensbury Square LLC
File Number: AV 13-2022
Location: 909 State Route 9
Tax Map Number: 296.17-1-38
ZBA Meeting Date: April 20, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Queensbury
Square,LLC. Applicant proposes a 9,220 sq. ft. addition to the existing 7,000 sq. ft. liquor store where a 5,460
sq. ft. foundation has been constructed. The total building to be 16,220 sq. ft. The fagade has been updated to
reflect one building entrance for the addition. The main building to remain the same. Project includes site work
for lighting, landscaping, and stormwater. Site plan review for commercial construction in the Commercial
Intensive zone. Relief requested for setbacks, expansion of nonconforming structure, and parking.
Relief Required:
The applicant requests relief for setbacks, expansion of nonconforming structure, and parking. The zone is
Commercial Intensive and the lot is a corner lot. The parcel is 1.42 acres.
Section 179-3-040 Dimensional, Section 179-13-010
Relief for the new building area where the building is to be 27 ft. to covered entrance areas on Weeks Road
where a 75 ft. setback is required. Front setback relief from Route 9 to the stairs is 72.5 ft. and 73 ft. from the
porch and post where 75 ft. is required. In addition, relief for parking is requested where 62 spaces are required
and 55 are proposed. The existing loading dock is to remain and is 1.8 ft. from the property line on Weeks
Road where a 75 ft. setback is required.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,April 20, 2022.
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:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON TBE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 13-2022, Introduced by , who moved for its adoption, seconded by
Duly adopted this 20th Day of April 2022 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Sign Variance No.: 3-2022
Project Applicant: Hoffman Development Corp.
Project Location: 919 State Route 9
Parcel History: SP 71-2021;PZ-DISC-0005-2021;P-SSE0008-2017; PZ-0189-2016; SP 53-2011;
SP 57-95; SP 38-90
SEQR Type: Unlisted
Meeting Date: April 20,2022
Description of Proposed Project:
Applicant proposes a 138 sq. ft.freestanding sign.Relief requested for freestanding sign greater than 45 sq.ft.
Relief Required:
The applicant requests relief for freestanding sign greater than 45 sq.ft. The parcel is 2.011 acres and located in the
Commercial Intensive zone.
Chanter 140-signs
The project is for a 138 sq. ft. sign where a 45 sq. ft. sign is the maximum allowed.
Criteria for considering a Sign Variance according to Chapter 140 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this sign variance. Minimal to no impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than a sign variance. Feasible alternatives may be considered to reduce the
sign size.
3. Whether the requested sign variance is substantial. The relief requested may be considered substantial
relevant to the code. Relief is 93 sq ft greater than allowed.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed may have minimal
to no impact on the environmental conditions of the neighborhood.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The project is for a new sign to advertise for the Hoffman's car wash. The plans show the sign to indicate the
services offered at the site. The sign includes the words Hoffman Car Wash, The Home of Unlimited Washing,
Free Vacuums, and 24 hour self service. The plans show a stone base structure to hold the sign.
r `t Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238
lnn�t of C�ieensbui}
Sign Variance Resolution To: Approve/Disapprove
Applicant Name: Hoffinan Development Corp.
File Number: SV 3-2022
Location: 919 State Route 9
Tax Map Number: 296.17-1-42
ZBA Meeting Date: April 20, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Hoffman
Development Corp. Applicant proposes a 138 sq. ft. freestanding sign. Relief requested for freestanding
sign greater than 45 sq. ft.
Relief Required]-
The applicant requests relief for freestanding sign greater than 45 sq.ft.The parcel is 2.011 acres and located in the
Commercial Intensive zone.
Chanter 140-sins
The project is for a 138 sq. ft. sign where a 45 sq. ft. sign is the maximum allowed.
SEQR Type: Unlisted [Resolution/Action Required for SEQR]
Motion regarding Sign Variance No. 3-2022. Applicant Name: Hoffman Development Corp., based
upon the information and the analysis of the above supporting documentation provided by the
applicant, this Board finds that this will/will not result in any significant adverse environmental
impact. So we give it a Positive/Negative Declaration, Introduced by who
moved for its adoption, seconded by
Duly adopted this 20th Day of April 2022,by the following vote:
AYES:
NOES:
A public hearing was advertised and held on Wednesday,April 20, 2022;
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:
PER THE DRAFT PROVIDED BY STAFF:
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 sign variance? INSERT RESPONSE
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
pursue, other than a sign variance? INSERT RESPONSE
3. Is the requested sign variance substantial? INSERT RESPONSE
4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions
in the neighborhood or district? INSERT RESPONSE
5. Is the alleged difficulty self-created? INSERT RESPONSE
6. In addition,the Board finds that the benefit to the applicant from granting the requested variance
would outweigh(approval)/would be outweighedy(denial)the resulting detriment to the health,
safety and welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
Adherence to the items outlined in the follow-up letter sent with this resolution.
(ZBA Board Member does not need to read the following A through E):
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 sign 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 sign 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.
Based on the above findings I make a MOTION TO APPROVE/DENY Sign Variance SV 3-2022,
Hoffman Development Corp., Introduced by , who moved for its adoption, seconded by
Duly adopted this 20"Day of April 2022, by the following vote:
AYES:
NOES: