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Staff NotesStaff Notes October 26, 2022 760fml Tabled Item: NOA 1-2022 Starr Mowery New Business: SV 6-2022 Matthew Flansburg (for Target) AV 51-2022 Cathy &Edward Lungen AV 56-2022 Sterling Home Solutions (Stannard) Queensbury Zoning Board of Appeals Agenda Meeting: October 26, 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 TABLED ITEMS: Applicant(s) Starr Mowery Notice of Appeal No NOA 1-2022 Owner(s) CKT Enterprises, LLC SEQRA Type Type II Agent(s) Stefanie DiLallo Bitter Lot Size 0.33 acres Location & Ward 2 Glendale Dr. Ward 2 Zoning Cl 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; October 26, 2022 Adirondack Park Agency n/a Project Description: Appellant is appealing the Zoning Administrator's determination regarding residential elements in the Commercial Intensive zone. NEW BUSINESS: Applicant(s) Matthew Flansburg Sign Variance No. SV 6-2022 Owners Target Corporation SEQRA Type Unlisted Agent(s) Kimle -Horn Lot Size 8.13 acres Location & Ward 578 Aviation Road Ward 2 Zoning ESC Tax Id No 302.5-1-92.12 Section 140 Cross Ref SP 65-2022; SP 40-2019; SV 21-2005; SV 87-2004 Warren County Planning October 2022 Public Hearing October 26, 2022 Adirondack Park A ency n/a Proiect Description: Applicant proposes to update the Target fagade with relocating the existing CVS sign and to install a new block backer with new 77.1 sq. ft. drive -up sign. The signs to remain include the CVS sign in a new location and the Bullseye logo. The block backer material to the new sign would be similar in color to the blocker behind the existing white Target logo. Site plan for the fa ade alterations. Relief is requested for number of signs. Applicant(s) Cathy & Edward Lun en Area Variance No AV 51-2022 Owner(s) Cathy & Edward Lungen SEQRA Type Type II Agent(s) n/a Lot Size 0.59 acres Location & Ward 126 Sherman Island Rd. Ward 4 Zoning MDR Tax Id No 308.19-1-9 Section 179-5-020 Cross Ref n/a Warren County Planning n/a Public Hearing October 26, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes to remove a 100 sq. ft. shed and replace with a 240 sq. ft. shed with 6 ft width doors. Project includes crushed stone for drainage. Site has an existing home of 4,194 sq. ft. with two attached garages (preexisting condition —one noted as workshop). Temporary shelter for truck to be removed. Relief is requested for setbacks, permeability, and additional garage. Applicant(s) Sterling Home Solutions Area Variance No AV 56-2022 Owner(s) Fred Stannard SEQRA Type Type II A ent s Sterling Home Solutions Lot Size 0.88 acres Location & Ward 196 Pitcher Rd. Ward 4 Zoning MDR Tax Id No 308.15-1-4 Section 179-4-080 Cross Ref n/a Warren County Planning October 2022 Public Hearing October 26, 2022 Adirondack Park Agency n/a Project Description: Applicant proposes a 224 sq. ft. sunroom addition to the existing home. The existing home is 1,344 sq. ft. and has a frontporch/deck area of 165 sq. ft. The rear deck is to be removed and replaced with the sunroom. Relief requested for 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\October 26, 2022\ZBA Final Agenda October 26, 2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Notice of Appeal: Appellant: Project Location: Meeting Date: 1-2022 Starr Mowery 2 Glendale Drive October 26, 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 party 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 Toiara ofQyevisbuly 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 September 28, 2022 & October 26, 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: 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 261h Day of October 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 6-2022 Project Applicant: Matthew Flansburg Project Location: 578 Aviation Road Parcel History: SP 65-2022; SP 40-2019; SV 21-2005; SV 87-2004 SEQR Type: Unlisted Meeting Date: October 26, 2022 Description of Proposed Project: Applicant proposes to update the Target facade with relocating the existing CVS sign and to install a new block backer with new 77.1 sq. ft. drive -up sign. The signs to remain include the CVS sign in a new location and the Bullseye logo. The block backer material to the new sign would be similar in color to the blocker behind the existing white Target logo. Site plan for the facade alterations. Relief is requested for number of signs. Relief Required• The applicant requests relief for number of signs allowed per tenant in an Enclosed Shopping Center on an 8.13 ac parcel. Chapter 140 The applicant proposes an additional wall sign to the existing Target facade. The additional signage would be an auto logo and the words "pick up". Relief is requested for proposing three wall signs where previous variance was for two wall signs. Chapter 140 only allows one wall sign per merchant in a business complex. 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 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. 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 an existing Target store where the new sign is proposed on the North side of the building. The north side facing Aviation Road. The intent is to share information about pick up of items outside versus going into the store. The plans show the existing and proposed signage. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 IV72 OFQ11CWS u13, Sign Variance Resolution To: Approve / Disapprove Applicant Name: Matthew Flansburg (for Target) File Number: SV 6-2022 Location: Tax Map Number: ZBA Meeting Date: 578 Aviation Rd. 302.5-1-92.12 October 26, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Matthew Flansburg. Applicant proposes to update the Target fagade with relocating the existing CVS sign and to install a new block backer with new 77.1 sq. ft. drive -up sign. The signs to remain include the CVS sign in a new location and the Bullseye logo. The block backer material to the new sign would be similar in color to the blocker behind the existing white Target logo. Site plan for the fagade alterations. Relief is requested for number of signs. Relief Required] - The applicant requests relief for number of signs allowed per tenant in an Enclosed Shopping Center on an 8.13 ac parcel. Chapter 140 The applicant proposes an additional wall sign to the existing Target fagade. The additional signage would be an auto logo and the words "pick up". Relief is requested for proposing three wall signs where previous variance was for two wall signs. Chapter 140 only allows one wall sign per merchant in a business complex. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 6-2022. Applicant Name: Matthew Flansburg, 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 26th Day of October 2022, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, October 26, 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 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 6-2022, Matthew Flansburg, Introduced by , who moved for its adoption, seconded by Duly adopted this 26" Day of October 2022, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 51-2022 Project Applicant: Cathy & Edward Lungen Project Location: 126 Sherman Island Road Parcel History: SEQR Type: Meeting Date: n/a Type II October 26, 2022 Description of Proposed Project] - Applicant proposes to remove a 100 sq. ft. shed and replace with a 240 sq. ft. shed with 6 ft width doors. Project includes crushed stone for drainage. Site has an existing home of 4,194 sq. ft. with two attached garages included in the square footage (preexisting condition —one noted as workshop). Temporary shelter for truck to be removed. Relief is requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the shed. The property is zone MDR and is 0.60 ac per survey. 179-5-020 — accessory structure garage/shed The 240 sq. ft. shed is to be located 5 ft. from the rear property line where a 30 ft. is required. The permeability is proposed to be 34% where existing is 35% and required is 50%. 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 considered limited as the shed where the door on the shorter width (narrow side) will be sealed shut with shelving and the door on the longer length side will be used for the lawn mower storage. 3. Whether the requested area variance is substantial. The relief requested may be considered minor relevant to the code. Relief is requested for 15 ft for the rear setback, and 15% for permeability. 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 to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to place a 240 sq ft shed on the property. The applicant has explained the shed is being moved from a relative's property and being placed on this property on a gravel base with 4x4 on the gravel. The narrow side with a door is to be blocked off with shelves inside and not used as a door — the wider side of the building will maintain the door with a small ramp to maneuver the tractor in and out — only one door. The applicant has indicated the building to be used for storage for lawn equipment and furniture. The plans show the elevations and floor plans of the building. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 lawn of CLccnshui , Area Variance Resolution To: Approve / Disapprove Applicant Name: Cathy & Edward Lungen File Number: AV 51-2022 Location: Tax Map Number: ZBA Meeting Date: 126 Sherman Island Rd. 308.19-1-9 October 26, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Cathy & Edward Lungen. Applicant proposes to remove a 100 sq. ft. shed and replace with a 240 sq. ft. shed with 6 ft width doors. Project includes crushed stone for drainage. Site has an existing home of 4,194 sq. ft. with two attached garages (preexisting condition —one noted as workshop). Temporary shelter for truck to be removed. Relief is requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the shed. The property is zone MDR and is 0.60 ac per survey. 179-5-020 — accessory structure garage/shed_ The 240 sq. ft. shed is to be located 5 ft. from the rear property line where a 30 ft. is required. The permeability is proposed to be 34% where existing is 35% and required is 50%. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, October 26, 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 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. 51-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 26th Day of October 2022 by the following vote: F.-M-40 NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 56-2022 Project Applicant: Sterling Home Solutions Project Location: Parcel History: SEQR Type: Meeting Date: 196 Pitcher Road n/a Type II October 26, 2022 Description of Proposed Project: Applicant proposes a 224 sq. ft. sunroom addition to the existing home. The existing home is 1,344 sq. ft. and has a front porch/deck area of 165 sq. ft. The rear deck is to be removed and replaced with the sunroom. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for sunroom addition. The property is located in the MDR zone on a 0.88 ac parcel, noting the parcel has frontage on Pitcher and Corinth Road where access to the home is only from Pitcher Road. Section 179-3-040 dimensions The proposed sunroom is to be 19.4 ft. from the west setback where a 30 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. The project may be considered to have little to no impact on the neighboring properties. 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 may be limited due to the existing home location. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. 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 to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes the construction of a 224 sq ft sunroom addition to an existing home. The applicant has indicated there was a deck on the house that is to be removed and the new sundeck to be installed in a similar location. The survey shows the location of the sunroom to be installed. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'rotam of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Sterling Home Solutions File Number: AV 56-2022 Location: 196 Pitcher Rd. Tax Map Number: 308.15-1-4 ZBA Meeting Date: October 26, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Sterling Home Solutions. Applicant proposes a 224 sq. ft. sunroom addition to the existing home. The existing home is 1,344 sq. ft. and has a front porch/deck area of 165 sq. ft. The rear deck is to be removed and replaced with the sunroom. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for sunroom addition. The property is located in the MDR zone on a 0.88 ac parcel, noting the parcel has frontage on Pitcher and Corinth Road where access to the home is only from Pitcher Road. Section 179-3-040 dimensions The proposed sunroom is to be 19.4 ft. from the west setback where a 30 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, October 26, 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. 56-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 26" Day of October 2022 by the following vote: AYES: NOES