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Staff NotesStaff N otes September 28,2022 New Business: NOA 1-2022 Starr Mowery AV 44-2022 Vision Planning Consultants SV 5-2022 Immunotel< Bio Centers AV 45-2022 Ethan &Jody Burgess Queensbury Zoning Board of Appeals Agenda Meeting: September 28, 2022 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net NEW BUSINESS: Applicant(s) Starr Mowery Notice of Appeal No NOA 1-2022 Owner(s) CKT Enterprises, LLC SEQRA Type Type II A ent s Stefanie DiLallo Bitter Lot Size 0.33 acres Location & Ward 2 Glendale Dr. Ward 2 Zoning CI Tax Id No 302.7-1-24 Section 179-16-090 Cross Ref CC 0229-2022 Warren County Planning n/a Public Hearing September 28, 2022 Adirondack Park Agency n/a Protect Description: Appellant is appealing the Zoning Administrator's determination regarding residential elements in the Commercial Intensive zone. Applicant(s) Vision Planning Consultants Area Variance No AV 44-2022 Owner(s) Peter Mitelman SEQRA Type Type II Agent(s) Ted Delucia Lot Size 0.68 acres Location & Ward 25 Garrison Road Ward 2 Zoning MDR Tax Id No 302.11-1-42.11 Section 179-5-020 Cross Ref n/a Warren County Planning September 2022 Public Hearing September 28, 2022 Adirondack Park Agency n/a Protect Description: Applicant proposes a 2,244 sq. ft. pool area to be placed in the side yard of the property. The project includes installation of residential landscaping on the site and pavers for the pool area. The house of 4,032 sq. ft. to remain with no changes. Relief requested for pool location. Applicant(s) Immunotek Bio Centers Sin Variance No. SV 5-2022 Owners Aldi, Inc. SEQRA Type Unlisted Agent(s) SRA Engineers Lot Size 2.32 acres Location & Ward 176 Quaker Road Ward 2 Zoning CI Tax Id No 302.7-1-42 Section 140 Cross Ref SP 63-2022; SV 21-2000; SV 66-1996; UV 112-1992; UV 88-1992; SP 44-1996; SP 48-92 Warren County Planning September 2022 Public Hearing September 28, 2022 Adirondack Park Agency n/a Project Description: Applicant proposes to reuse a 15,500 sq. ft. building for plasma donation facility. The project includes updating the building signage. The proposal is for two 109.75 sq. ft. wall signs (one on north face and one on west face) and a freestanding sign of 47.25 sq. ft. (replacement of the existing sign). Relief requested for number of signs and size of signs. Applicant(s) Ethan & Jody Burgess Area Variance No AV 45-2022 Owner(s) Ethan & Jody Burgess SEQRA Type Type II Agent(s) n/a Lot Size 0.63 acres Location & Ward 2 Hidden Hills Dr. Ward 2 Zoning MDR Tax Id No 302.13-1-12 Section 179-5-020 Cross Ref n/a Warren County Planning September 2022 Public Hearing September 28, 2022 Adirondack Park Agency n/a Protect Description: Applicant proposes to install a 648 sq. ft. pool with no other changes to the site. The existing home of 1,648 sq. ft. is to remain with no changes. Relief requested for pool setbacks. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Office\ZBA Monthly 2022\September 28, 2022\ZBA Final Agenda September 28, 2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Notice of Appeal: Appellant: Project Location: 1-2022 Starr Mowery 2 Glendale Drive Meeting Date: September 28, 2022 Information Requested: Appellant is appealing the Zoning Administrator's determination regarding residential elements in the Commercial Intensive; (CI) zone. Staff Comments: First, Standing: Was the appeal taken within the appropriate 60 day time frame and is the appealing parry aggrieved? Was the appeal filed within the required timeframe: • The Notice of Appeal application was filed with the Town on August 8, 2022. The Zoning Administrator determined, on May 23, 2022 that the proposed revisions to the property at 2 Glendale constitute the addition of residential uses, thus requiring a Use Variance and Site Plan Review. At the request of the applicant or applicants' agent, the Zoning Administrator issued a clarification email of July 21, 2022 and it is that email that is the basis for the appellants claim that this appeal is timely. A determination that new residential uses are not allowable at 2 Glendale Drive can be traced to a December 13, 2017 letter from the Zoning Administrator to the appellant. • Appellant is the owner of 2 Glendale Drive Second, Merits of the argument if the appellant is found to have standing: The issue at hand is that the Town is concerned that the spaces labeled as "office" also meet building code requirements for residential dwelling units and that such residential uses are not allowable in the Cl district. The Zoning Administrator has requested that the appellant confirm/certify that the "office" spaces shown on the most recently revised plans will not be used for residential purposes. Use Variance 1-2018 was Denied by the Zoning Board of Appeals and that project was to add 4 residential uses the building at 2 Glendale. The current "office" revision plan is to add 4 "office" spaces with kitchens, bathrooms and laundry facilities. It is the Zoning Administrator position that if the "office" spaces contain all components of a dwelling unit that they will be considered as dwelling units and, to that end, new residential dwelling units are not allowable in the Cl district. The appellant's main argument appears to be that individual spaces with a kitchen, shower/tub and laundry facilities should be considered as commercial uses and thus allowable within the CI district. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Notice of Appeal Resolution To: Approve / Disapprove Appellant Name: Starr Mowery Notice of Appeal No. 1-2022 Tax Map No. 302.7-1-24 Property Location: 2 Glendale Dr. RESOLUTION TO: Approve , Disapprove Appeal No. 1-2022 , Appellant Name Starr Mowery, regarding property owned by CKT Enterprises, LLC at 2 Glendale Drive, Tax Map No. 302.7-1-24; The Zoning Board of Appeals of the Town of Queensbury has received an application from Starr Mowery from Section(s): 179-16-090 of the Zoning Code of The Town of Queensbury in order to appeal the Zoning Administrator's determination decision regarding residential elements in the Commercial Intensive zone. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, September 28, 20221 Upon review of the application materials, information supplied during the public hearing, and upon consideration of the applicable criteria of the Queensbury Town Code and Chapter 267 of the NYS Town Law and after discussion and deliberation, we find as follows: 1. The Appeal was filed, was not filed within the required 60-day timeframe. 2. The Appealing Party is, is not aggrieved and were found to have, not have standing. 3. The merits of the argument as provided by the appellant with responses from the Zoning Administrator have been considered. It is our finding that the positions offered by the appellant are, are not sufficient to warrant overturning the Zoning Administrator's decision at hand. Based on the above findings I make a MOTION TO APPROVE / DENY Appeal No. 1-2022, STARR MOWERY , Introduced by , who moved for its adoption, seconded by Duly adopted this 28" Day of September 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 44-2022 Project Applicant: Vision Planning Consultants Project Location: Parcel History: SEQR Type: Meeting Date: 25 Garrison Road n/a Type II September 28, 2022 Description of Proposed Project: Applicant proposes a 2,244 sq. ft. pool area to be placed in the side yard of the property. The project includes installation of residential landscaping on the site and pavers for the pool area. The house of 4,032 sq. ft. to remain with no changes. Relief requested for pool location. Relief Required: The applicant requests relief for pool location. The property of 0.34 acres is located in the MDR zone. Section 179-5-020 swimmingpool The applicant proposes installing a pool to the side yard of the home where pools are to be located in the rear yard. 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 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 an area variance. Feasible alternatives may be limited due to the location of the home on a parcel. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested for a pool in a side yard. 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 may be considered to have minimal impact to the physical or environmental conditions in the neighborhood or district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to place a pool in the side yard of an existing lot with a single family home. The information submitted shows the lot configuration, the existing home with the proposed pool. The applicant has also provided plans showing the landscaping to be installed on the site. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'Town of (tyconsbutn- Area Variance Resolution To: Approve / Disapprove Applicant Name: Vision Planning Consultants File Number: AV 44-2022 Location: 25 Garrison Rd. Tax Map Number: 302.11-1-42.11 ZBA Meeting Date: September 28, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Vision Planning Consultants. Applicant proposes a 2,244 sq. ft. pool area to be placed in the side yard of the property. The project includes installation of residential landscaping on the site and pavers for the pool area. The house of 4,032 sq. ft. to remain with no changes. Relief requested for pool location. Relief Required: The applicant requests relief for pool location. The property of 0.34 acres is located in the MDR zone. Section 179-5-020 swimming pool The applicant proposes installing a pool to the side yard of the home where pools are to be located in the rear yard. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, September 28, 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: 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 (!qpproval) / 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.44-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 2811 Day of September 2022 by the following vote: EVA—M NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 5-2022 Project Applicant: Immunotek Bio Centers Project Location: 176 Quaker Road Parcel History:SP 63-2022; SV 21-2000; SV 66-1996; UV 112-1992; UV 88-1992; SP 44-1996; SP 48-92 SEQR Type: Unlisted Meeting Date: September 28, 2022 Description of Proposed Project: Applicant proposes to reuse a 15,500 sq. ft. building for plasma donation facility. The project includes updating the building signage. The proposal is for two 109.75 sq. ft. wall signs (one on north face and one on west face) and a freestanding sign of 47.25 sq. ft. (replacement of the existing sign). Relief requested for number of signs and size of signs. Relief Required: The applicant requests relief for number of signs and size of signs for an existing building. The project site is located in the Commercial Intensive zone on a 2.234 ac parcel. Section 140-signs The applicant proposes two wall signs where only one wall sign is allowed. In addition relief is requested for the size of sign where each wall sign is to be 109.75 sq ft where only one wall sign of 30 sq ft is 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 number of signs and the size of sign requested. 3. Whether the requested sign variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested to have 1 additional wall sign where only one is allowed. The size proposed for each wall sign exceeds the 30 sq ft. 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 site has an existing 15,500 sq ft building being repurposed for a blood plasma donation facility. The building fagade colors are proposed to be a neutral gray color. The applicant proposes to install 2 wall signs of 109.75 sq ft. The plans show signage on each side of the building feature. The free standing sign structure is to remain and the panel to be replaced with the Immunotek sign. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 bim of (tycensbuP), Sign Variance Resolution To: Approve / Disapprove Applicant Name: Immunotek Bio Centers File Number: SV 5-2022 Location: 176 Quaker Rd. Tax Map Number: 302.7-1-42 ZBA Meeting Date: September 28, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Immunotek Bio Centers. Applicant proposes to reuse a 15,500 sq. ft. building for plasma donation facility. The project includes updating the building signage. The proposal is for two 109.75 sq. ft. wall signs (one on north face and one on west face) and a freestanding sign of 47.25 sq. ft. (replacement of the existing sign). Relief requested for number of signs and size of signs. Relief Required: The applicant requests relief for number of signs and size of signs for an existing building. The project site is located in the Commercial Intensive zone on a 2.234 ac parcel. Section 140-signs The applicant proposes two wall signs where only one wall sign is allowed. In addition relief is requested for the size of sign where each wall sign is to be 109.75 sq ft where only one wall sign of 30 sq ft is allowed. SEQR Type: Unlisted (Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 5-2022. Applicant Name: Immunotek Bio Centers 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 28th Day of September 2022, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, September 28, 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 outweighed by (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 followingA 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 5-2022, Immunotek Bio Centers, Introduced by , who moved for its adoption, seconded by Duly adopted this 28" Day of September 2022, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 45-2022 Project Applicant: Ethan & Jody Burgess Project Location: Parcel History: SEQR Type: Meeting Date: 2 Hidden Hills Drive n/a Type II September 28, 2022 Description of Proposed Project: Applicant proposes to install a 648 sq. ft. pool with no other changes to the site. The existing home of 1,648 sq. ft. is to remain with no changes. Relief requested for pool setbacks. Relief Required: The applicant requests relief for pool setbacks. The parcel of 0.63 acres is located in the MDR zone Section 179-5-020 — swimming pool The applicant proposes installing a pool in the rear yard 10 ft from the rear yard where a 20 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 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 an area variance. Feasible alternatives may be limited due to the location of the home on the parcel and the lot shape. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested for 10 ft to the rear yard. 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 may be considered to have minimal impact to the physical or environmental conditions in the neighborhood or district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The existing home is to remain with no changes. The applicant proposes to place a pool in the rear yard of an existing lot. The survey provided shows the location of the pool and setback information. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 r "!'an71 of (t=nsbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Ethan & Jody Burgess File Number: AV 45-2022 Location: 2 Hidden Hills Dr. Tax Map Number: 302.13-1-12 ZBA Meeting Date: September 28, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Ethan & Jody Burgess. Applicant proposes to install a 648 sq. ft. pool with no other changes to the site. The existing home of 1,648 sq. ft. is to remain with no changes. Relief requested for pool setbacks. Relief Required: The applicant requests relief for pool setbacks. The parcel of 0.63 acres is located in the MDR zone Section 179-5-020 — swimming pool The applicant proposes installing a pool in the rear yard 10 ft from the rear yard where a 20 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, September 28, 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 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.45-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 28" Day of September 2022 by the following vote: AYES: NOES