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AV 64-2003 Pyramid Co. of Glens Falls Zoning Board of Appeals – Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) L:\RESOLUTIONS\2003\AV 64-2003 Pyramid Co. of Glens Falls.doc Lewis N. Stone, Chairman Charles A. McNulty, Secretary 192 Lake Parkway 14 Twicwood Lane Lake George, New York 12845 Queensbury, New York 12804 TO: Pyramid Co. of Glens Falls PROJECT FOR: Pyramid Co. of Glens Falls The Clinton Exchange Aviation Mall 4 Clinton Square 558 Aviation Road Syracuse, NY 13202 CONSTRUCT NEW DEPT. STORE & SUBDIVISION OF MALL PROPERTY The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Area Variance No. 64-2003, Pyramid Co. of Glens Falls Meeting Date: Wednesday, July 16, 2003 Approved __X_ Denied ___ Tabled ___ Withdrawn ___ SEQRA Review ___ [Tabled: applicant has sixty (60 days) to come back with the application] MOTION TO APPROVE AREA VARIANCE NO. 64-2003 PYRAMID CO .OF GLENS FALLS, Introduced by Paul Hayes who moved for its adoption, seconded by Roy Urrico: Aviation Mall, 558 Aviation Road. The applicant proposes to subdivide an existing 56.52 acre parcel of the Mall property into two parcels, 47.96 acres, and 8.56 acres respectively, to facilitate a new major tenant’s requirement, which includes the construction of a new 127,550 square foot department store to the existing store, which amounts to a 74,150 square foot addition to the existing building. Specifically, the relief required, on the 8.56 acre parcel, which is the new parcel, is 16.44 acres of relief from the 25 acre minimum requirement. The second point of relief on that parcel is 130 feet, approximately, of relief from the 800 foot minimum lot width requirement. Three, 11.6% of relief from the 14.5 minimum permeability requirement. Four, 30 feet of relief from the 30 foot minimum side setback requirement for both sides. Five, 30 feet of relief from the 30 foot minimum rear setback requirement, which is Sections One through Five per 179-4-030 for the ESC-25A zone. Six, 40 feet of relief from the 40 foot minimum road frontage requirement per Section 179-4-090. For the parcel that will remain, which is 47.96, the first piece of relief is 40 feet relief from the 40 foot minimum front setback requirement. Two, 30 feet of relief from the 30 foot minimum side setback requirement for both sides. That’s One Page 1 of 2 Zoning Board of Appeals – Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Contined resolution: ZBA Meeting: Wednesday, July 16, 2003 Area Variance No. 64-2003, Pyramid Co. of Glens Falls and Two per Section 179-4-030 for the ESC-25A zone. The criteria for considering such a variance is the benefit to the applicant versus the detriment to the neighborhood. On whole, I do not believe there is any negative impact on the neighborhood or greater community. All the requirements for the two parcels, as if they were combined, have been met. I think there’s a benefit to the community, as the applicant and their agent have set forth, that the necessity to attract or obtain a new tenant, which would be a benefit to the area. They have the requirement of owning their own parcel for their own reasons, but I believe that, on the broadest sense, that the chance for the Mall to obtain a positive tenant, and a tax paying tenant in the community, outweighs any detriment, and the benefit to the applicant is clear there, attracting a financially positive tenant for the operation of the Mall. Feasible alternatives I think are limited, in the sense that it’s clear from the applicant’s agent that this new tenant in particular and other tenants of this large size now, in some cases, require to own their own pad. So I guess there really is no feasible alternatives in this particular case, other than creating this new parcel. As a condition to the approval, the Board is stipulating that the reciprocal easement agreements be obtained between the two parcel owners are obtained and maintained, and filed in the County Clerk’s Office where they can be examined. I think the applicant understands that means that if somehow, based on Chuck’s concerns, that those would have to come back before the Board if you wanted to have those changed. Whereas the requirements for the State Environmental Quality Review Act have been considered and the Planning Board did a Full EIS on the original project, and the Zoning Board is determining in our motion that the proposed modifications do not result in any new, or significantly different environmental impacts and therefore no further SEQRA review is necessary by this Board. Having said that, I think the test falls in favor of the applicant, and I would move for its approval. Duly adopted this 16th day of July, 2003, by the following vote: AYES: Mr. Urrico, Mr. Underwood, Mr. Himes, Mr. McNulty, Mr. Hayes, Mr. Stone NOES: NONE ABSENT: Mr. Bryant Sincerely, Lewis N. Stone, Chairman Queensbury Zoning Board of Appeals LS/sh cc: Jonathan C. Lapper, Esq. Page 2 of 2