Staff Notes 10.19.22Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 49-2022
Project Applicant: Faden Enterprises
Project Location: 1471 State Route 9
Parcel History: SP 68-2022; SUP 6-2022; FWW 13-2022; SP 45-2015; SP 59-2014; SV 48-2014; SP
52-2011; SP 8-2006; SP 34-2004; SP 43-2002
SEQR Type: Type II
Meeting Date: October 19, 2022
Applicant proposes to remove an existing building on the site to construct three new buildings and associated
site work. Project includes one building of 8,355 sq. ft. that is broken into three tenant spaces of 2,000 sq. ft.
drive-thru, 2,500 sq. ft. restaurant, and 3,855 sq. ft. retail space. The second and third buildings are to be a total
of 24 unit self-storage facility of 3,480 sq. ft. where each building to be 1,740 sq. ft. footprint with 12 units
each. Site plan for new commercial development and self-storage facility, hard surfacing within 50 ft. of
shoreline/wetland, Freshwater Wetland permit, and Special Use Permit for Self Storage facility. Relief is
requested for setbacks.
The applicant requests relief for setbacks to the wetlands and stream for the construction of three buildings in
the CI zone on a 1.92 ac parcel
Section 179-3-040 dimension and Chapter 94 wetlands
The plan indicated Building 1 (retail/food) is located 60 ft. from the stream and 74 ft. from the wetland;
Building 2 is 41 ft. and 43 ft. from the wetland/stream area; Building 3 is 36 ft. and 44 ft. from the wetland area
where a 75 ft. setback from building to wetland is required.
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 as they are primarily commercial.
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 lot
shape and constraints of wetlands and stream on the site. There may be feasibility to reduce the building
size although a variance may still be required.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. Relief requested --Building 1 is 15 ft to the wetland, 1 ft to the stream; Building 2 is 34 ft and 32
ft; and Building 3 is 36 ft and 31 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 be considered
to have minimal impact on the environmental conditions of the site or area due to the wetlands and stream.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Zoning Board of Appeals
Community Development Department Staff Notes
The Applicant proposes removal of an existing building on the site to construct 3 new buildings and associated
site work. The plans show the location of the building and a preliminary sketch for the commercial building
with the retail and food service. The applicant is aware supporting information for the wetland delineation is
required from jurisdictional agency(s) i.e., Army Corp and the variance may be tabled.
Staff comments: