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12-14-2022 (Queensbury ZBA Meeting 12/14/2022) QUEENSBURYZONINGBOARD OFAPPEATS FIRSTREGUTAR MEETING DECEMBER I4TF;2022 INDEX Area Variance No. 60-2022 Loreen Harvey(Kasselman Solar) 1. WITHDRAWN Tax Map No.266.3-1-76.1 Area Variance No.49-2022 Faden Enterprises 2. FURTHER TABLING Tax Map No.2SS.-1-5S Area Variance No. 63-2022 3 Sons&Holly,LLC (Michael Carey,Jr.) 2. FURTHER TABLING Tax Map No.239.12-2-57 Area Variance No.54-2022 Paul Nasrani 3. Tax Map No.2S9.15-1-47 Area Variance No. 64-2022 Adirondack Retirement Specialists 12. Tax Map No. 302.E-1-16;302.E-1-17 Sign Variance No.7-2022 Immunotek Bio Centers 15. Tax Map No. 302.7-1-42 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH'S MINUTES(IF ANY)AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury ZBA Meeting 12/14/2022) QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING DECEMBER 14TK,2022 7.00 P.M. MEMBERS PRESENT JAMES UNDERWOOD,ACTING CHAIRMAN ROY URRICO,SECRETARY JOHN HENKEL RICHARD CIPPERLY ROBERT KEENAN,ALTERNATE MARY PALACINO,ALTERNATE MEMBERS ABSENT RONALD KUHL MICHAEL MC CABE BRENT MC DEVITT LAND USE PLANNER-LAURA MOORE STENOGRAPHER-KAREN DWYRE MR. UNDERWOOD- Good evening. I'd like to open tonight's meeting of the Queensbury Zoning Board of Appeals, Wednesday, December 14`h, 2022, the last meeting of the year. Before we get underway this evening and I introduce what's going to be on the agenda,we have a bunch of tabling motions here. AREA VARIANCE NO. 60-2022 SEQRA TYPE TYPE 11 LOREEN HARVEY (KASSELMAN SOLAR LLC) AGENT(S) LOREEN HARVEY OWNER(S) RORY RUSSELL ZONING MDR LOCATION 1516 RIDGE RD. APPLICANT PROPOSES A GROUND MOUNTED SOLAR PROJECT FOR 2592 KW(54 PANELS)APPROXIMATELY 1,348 SQ.FT. THE EXISTING HOME OF 5,035 SQ.FT. IS TO REMAIN WITH NO CHANGES. THE PROJECT WILL BE LOCATED ON THE NORTH PROPERTY LINE WHERE NO VEGETATION IS TO BE REMOVED. SITE PLAN FOR GROUND MOUNTED SOLAR PROJECT FOR RESIDENTIAL USE. RELIEF IS REQUESTED FOR SETBACKS. CROSS REF SP 75-2022 WARREN COUNTY PLANNING NOVEMBER 2022 ADIRONDACK PARK AGENCY ALD LOT SIZE 6.1 ACRES TAX MAP NO. 266.3-1-76.1 SECTION 179-5-140 MR. UNDERWOOD-For those of you who are here in the audience,the Kasselman Solar project has been withdrawn. That was our tabled item that we had previously, and we're also going to be tabling the 3 Sons and Holly project. So before we get underway we have a little bit of housekeeping to do. So I think, John,we'll have you approve the meeting minutes of November 16`h APPROVAL OF MINUTES November 16`h,2022 MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING MINUTES OF NOVEMBER 16TK, 2022, Introduced by John Henkel who moved for its adoption, seconded by Richard Cipperly: Duly adopted this 14`h day of December,2022,by the following vote: AYES: Mr. Urrico, Mr. Cipperly,Mr. Henkel,Mr. Keenan,Mrs.Palacino,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr. McCabe,Mr. McDevitt November 30`h,2022 MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING MINUTES OF NOVEMBER 30TH, 2022, Introduced by John Henkel who moved for its adoption, seconded by Robert Keenan: Duly adopted this 14`h day of December,2022,by the following vote: 2 (Queensbury ZBA Meeting 12/14/2022) AYES: Mr. Cipperly,Mr. Urrico,Mr. Keenan,Mr.Henkel,Mrs.Palacino, Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr. McCabe,Mr. McDevitt ADMINISTRATIVE ITEM: AV 49-2022(FADEN ENTERPRISES) REQUEST TO BE TABLED TO JANUARY 18,2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Faden Enterprises. Applicant proposes removal of an existing building on the site to construct 3 new buildings and associated site work. The project includes one building of 8,355 sq. ft. that is designated as 3 tenant spaces:2,000 sq.ft.for a drive-thru;2,500 sq.ft.for a restaurant;and 3,855 sq.ft.for retail space.The second and third buildings will contain a total of 24 units of self-storage in 3,480 sq.ft.Each building will be 1,740 sq.ft.and have 12 units.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. MOTION TO TABLE AREA VARIANCE NO.49-2022 FADEN ENTERPRISES, Introduced by John Henkel who moved for its adoption,seconded by Richard Cipperly: Tabled to the January IS,2023 Zoning Board of Appeals meeting with any new information to be submitted by December 15,2022. Duly adopted this 14`h day of December,2022,by the following vote: AYES: Mrs.Palacino,Mr. Keenan,Mr. Cipperly,Mr.Henkel,Mr. Urrico,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr. McCabe,Mr. McDevitt MRS. MOORE-You also need to open the public hearing and leave it open. MR. UNDERWOOD-Okay. I'll open the public hearing. Anybody here wishing to speak on the matter? We'll leave the public hearing open,then,for the next meeting. PUBLIC HEARING OPENED AREA VARIANCE NO.63-2022 SEQRA TYPE TYPE II 3 SONS AND HOLLY,LLC (MICHAEL CAREY, JR.) AGENT(S) STUDIO A LANDSCAPE, ARCH. &z ENG.; JON LAPPER, ESQ. OWNER(S) 3 SONS AND HOLLY, LLC ZONING WR LOCATION 28 HOLLY LANE (REVISED)APPLICANT PROPOSES ALTERATIONS TO AN EXISTING HOME AND SITE. THE PROJECT INCLUDES A 416 SQ. FT. ADDITION TO THE EXISTING HOME OF 1,275 SQ. FT. FOOTPRINT. THE DECK PORTIONS INCLUDE REMOVAL OF DECK/PORCH AREAS TO CONSTRUCT A NEW 72 SQ. FT. PORCH AND A 200 S. FT. PORCH. THE NEW FLOOR AREA IS 3,225 SQ. FT. SITE WORK INCLUDES INSTALLATION OF AN ON-GRADE PAVER PATIO AREA AND STONE SLAB PATH, ENLARGING THE FIRE PIT AREA, AND REDUCTION OF HARD SURFACING ALSO PROPOSED. IN ADDITION,THERE IS TO BE A RAIN GARDEN AND SHORELINE PLANTINGS ADDED TO THE SITE. THERE ARE NO CHANGES TO THE EXISTING 1,152 SQ. FT. FLOOR AREA GARAGE WITH LIVING SPACE. SITE PLAN FOR NEW FLOOR AREA IN A CEA, EXPANSION OF NONCONFORMING STRUCTURE, AND HARD- SURFACING WITHIN 50 FT.OF THE SHORELINE. RELIEF IS REQUESTED FOR EXPANSION OF A NONCONFORMING STRUCTURE AND SETBACKS. CROSS REF SP 76-2022 WARREN COUNTY PLANNING NOVEMBER 2022 ADIRONDACK PARK AGENCY: ALD LOT SIZE 0.38 ACRES TAX MAP NO.239.12-2-57 SECTION 179-3-040;179-6-065;179-4-080;147 The Zoning Board of Appeals of the Town of Queensbury has received an application from 3 Sons and Holly,LLC(Michael Carey Jr.). Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition to the existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to construct a new 72 sq. ft.porch and a 200 sq.ft.porch. The new floor area is 3,225 sq.ft.Site work includes installation of an on-grade paver patio area and stone slab path,enlarging the fire pit area.In addition,there is to be a rain garden and shoreline plantings added to the site.There are no changes to the existing 1,152 sq. ft. footprint garage with living space. Site plan for new floor area in a CEA, expansion of nonconforming structure, and hard-surfacing within 50 ft. of the shoreline. Relief is requested for permeability,expansion of a nonconforming structure,and setbacks. 3 (Queensbury ZBA Meeting 12/14/2022) MOTION TO TABLE AREA VARIANCE NO. 63-2022 3 SONS AND HOLLY, LLC (MICHAEL CAREY,19.),Introduced by John Henkel who moved for its adoption,seconded by Richard Cipperly: Tabled to January 1S,2023 with new information due by Monday,December 19`h,2022. Duly adopted this 14`h day of December,2022,by the following vote: AYES: Mr. Henkel,Mr.Keenan,Mrs.Palacino,Mr. Cipperly,Mr. Urrico,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr. McCabe,Mr. McDevitt MRS. MOORE-And you'll also have to open the public hearing and leave it open. MR. UNDERWOOD-Yes,we'll leave that open. PUBLIC HEARING OPENED MR. UNDERWOOD-Okay. First upon tonight's agenda is Paul Nasrani's project at 790 Bay Road. NEW BUSINESS: AREA VARIANCE NO.54-2022 SEQRA TYPE TYPE II PAUL NASRANI AGENT(S) JARRETT ENGINEERS,PLLC OWNER(S) PAUL NASRANI ZONING MDR LOCATION 790 BAY RD. APPLICANT PROPOSES A 3-LOT SUBDIVISION: LOT 1 AT 2 ACRES WITH HOUSE;LOT 2 AT 2.05 ACRES;AND LOT 3 AT 2.23 ACRES. TWO NEW HOUSES ARE TO BE CONSTRUCTED ON THE REMAINING LOTS WITH SHARED DRIVEWAY (LOTS 2 &z 3). ON SITE SEPTIC AND CONNECTION TO EXISTING MUNICIPAL WATER. SITE PLAN FOR SUBDIVISION AND FRESHWATER WETLANDS FOR WORK WITHIN 100 FT. RELIEF IS REQUESTED FOR LOT FRONTAGES. CROSS REF FWW 17-2022; SUB 12-2022; SUB 14-2021 WARREN COUNTY PLANNING DECEMBER 2022 LOT SIZE 6.48 ACRES TAX MAP NO. 289.15-1-47 SECTION 183;179-3-040;CHAPTER 94 TOM JARRETT, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No. 54-2022, Paul Nasrani, Meeting Date: December 14, 2022 "Project Location: 790 Bay Rd. Description of Proposed Project:Applicant proposes a 3-lot subdivision: Lot 1 at 2 acres with house;Lot 2 at 2.05 acres;and Lot 3 at 2.23 acres. Two new houses are to be constructed on the remaining lots with shared driveway(Lots 2&3).On-site septic and connection to existing municipal water. Site plan for subdivision and freshwater wetlands for work within 100 ft. Relief is requested for lot frontages. Relief Required: The applicant requests relief for lot frontages and flag lots for the proposed 3 lot subdivision. The project is located in the MDR zone on a 6AS ac parcel Section 179-4-050-frontage,179-4-010-flag,179-19-020 road frontage Relief is being requested for lot frontage for Lot 1 where 132 ft.is proposed and 200 ft.is required. Relief is requested for creation of two flag lots. Relief is also requested for Lot 2 lot frontage of 7S ft.proposed and Lot 3 frontage proposed of 26 ft.where 100 ft.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 include reducing the number of lots. 4 (Queensbury ZBA Meeting 12/14/2022) 3. Whether the requested area variance is substantial. The relief maybe considered moderate relevant to the code. Lot frontage for Lot 1 relief of 6S ft. Relief for creation of two flag lots. Lots 2 lot frontage of 22 ft. and Lot 3 frontage of 74 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 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 project proposed is a 3-lot subdivision where Lot 1 will be 2.13 acres with an existing house,lot 2 will be 2.OS acres and lot 3 would be 2.27 acres. Two new houses to be constructed on the remaining lots. The project includes a new shared driveway for the second and third lots. The new sites will have onsite septic and connect to the existing municipal water. The project includes site work within 100 ft. of freshwater wetlands. The plan shows the 3 lots with locations for the house septic and water connection. The wetlands are also noted on the site." MR. URRICO-And the Planning Board tabled this, they tried to adopt a motion but it was tabled on December 14`h,2022. MRS. MOORE-I don't think so. Can I just take a look at it? This is for Holly Lane. MR. URRICO-Okay. Never mind. MRS. DWYRE-The other one should be in there. MR. URRICO-Okay. I'll get to it. MR. UNDERWOOD-Mr.Jarrett,why don't you fill us in,please. MR.JARRETT-Tom Jarrett of Jarrett Engineers,representing Paul Nasrani, as was read into the record. He owns a parcel of just over six acres and when you subtract jurisdictional wetlands,it's barely over six acres. So he has sufficient room for three lots. What his goal is is to subdivide off the house that is on Bay Road and then create two new lots for his family in the rear. One would be for him, getting towards retirement. One would be for his kids. He would use an existing grandfathered driveway for that, and the existing house would use the existing driveway for that as well. We need variances for frontage, as was read,and for the flag lots. Two comments came to my attention,potential for neighbors and potential interested parties. One is emergency access,and the common driveway is proposed with a water line that has a hydrant where the driveway split off to the individual homes. So I think that greatly facilitates emergency, not only access,but firefighting capabilities for those rear houses, and traffic was mentioned on Bay Road,and this is an existing grandfathered driveway and we're proposing two houses which won't add a lot of traffic, but to that end, our client would support any measures the Town takes, including reduced speed limits in that area to help the situation. So it should be fairly straightforward. I'll open it up to the Board for questions if you have them. By the way, the Planning Board recommended unanimously. MR. URRICO-Yes,I have it. I'll read it in later. MR. UNDERWOOD-Roy,do you want to read that? MR. URRICO-The Planning Board based on its limited review did not identify any significant adverse impacts that cannot be mitigated with the current project proposal. And that was adopted December 13`h 2022 by a unanimous seven zero vote. MR. UNDERWOOD-Okay. Thank you. Any questions from Board members at this time? MR. HENKEL-Yes, I do. Now when it comes to the front of your house there,is that enough room for a fire truck to backup without backing all the way up down that long driveway back to Bay Road? Is there enough for a fire truck? MR.JARRETT-To the houses themselves. MR. HENKEL-Yes,because obviously you don't have a turnaround until it gets to the house. Are those big enough? 5 (Queensbury ZBA Meeting 12/14/2022) MR. JARRETT-If you're concerned about it, we can condition it that when the houses are actually designed. MR.HENKEL-That's what I would like to see as a condition for my approval. Yes. Thank you. MR. UNDERWOOD-Any other questions from Board members? All right. At this time then I think I'll open up the public hearing. Roy,do we have any letters you want to read? PUBLIC HEARING OPENED MR. URRICO-No,there's no letters. MR. UNDERWOOD-Do you want to come up please. For purposes of the record, would you please identify yourself. NICK CAIMANO MR.CAIMANO-Yes,I will. My name is Nick Caimano,C-a-i-m-a-n-o,and I live at 36 Surrey Field Drive, obviously Surry Fields. I represent myself and my wife and my house. We have a person here who is the president of that board. We have a wonderful board that will speak for Surrey Fields. I'm here to speak on a continuing thing,and sooner or later we all have to come to grips and stop,and that's the traffic. We have a very,very,very dangerous thing right here. I'm glad to work with Mr.Jarrett. I've worked with him in the past. He has helped us at Surrey Fields. I have worked with him on the IDA. I know him. I know that he's trying to make a nice place here,but the traffic has to stop before someone gets killed. I have to ask a question,though. There's a house there now. So are we going to leave that house and we're going to build two more to make it the three? MR. UNDERWOOD-There'll be a flag lot created on the northern boundary of the lot. MR.JARRETT-The existing house is right here. MR. CAIMANO-Yes. MR.JARRETT-With the existing driveway. The two new houses in the rear would be serviced by the old driveway that we talked about,the old remnant of the driveway there, with a common driveway to here, and then split off to individual driveways here. MR. CAIMANO-Where am I? Where's my entrance? MR. UNDERWOOD-Across the road. MR.JARRETT-Across and just barely north. MR. CAIMANO-Is that the one I see with an island starting in it up there? My left? Okay. All right. Well, what I'm saying is there is a house there now and now they want to put two more houses on. So how many driveways will go out onto Bay Road? MR. UNDERWOOD-There'll be one additional driveway. MR. CAIMANO-One new driveway. So there'll be two of them. MR. UNDERWOOD-Yes. MR. CAIMANO-The problem is, and I don't have to tell you guys,because you live here,too,but I see it every single day coming in and out of the house. From Tee Hill down to Stewart's is too fast, and it has gotten worse every single day. I'm proud to say that I was here and I voted yes as well as all of us did for Fowler Square. We think that's a good thing to have even though it added more traffic by a large amount. That adds on to the College. That adds on to the apartment complex already there. It adds on to Cedar Court. It adds on to us. Now you're going to have two entrances for the three houses. We have 41 houses for two entrances. We have an exit and an entrance,but coming out onto Bay Road,I go to communion first before I drive on there because from Tee Hill down to the right outside here it's a 45 mile an hour speed limit,but you find somebody that's going 45 miles an hour because they don't,and I have been to Jim LaFarr many,many times and he is well aware of the problems that we have here with traffic. So,Number One, I'm going to ask for you to go back to Fowler Square. We all said, come on,bring it in,bring it in. We've got good stuff. I don't know if you noticed that or not,but when they went down Blind Rock Road and started building down toward the end,the smaller apartments if you will,they built a road that came out onto Blind Rock,which is directly across the entrance and exit from the apartments across the street. It sits on the curve of Blind Rock in which everybody is going 45 to 50 miles an hour. It is a school bus stop. You can't see what's going around that around that corner, and I've lived here when a kid rode his 6 (Queensbury ZBA Meeting 12/14/2022) motorcycle around that curve and hit that telephone pole wire there and killed himself. We have to be careful what we're doing here. I was on the Planning Board for two terms and it's a very difficult job. I don't want to say no to this guy's housing, but we have to be careful of what we're doing. We have 41 homes in my subdivision, and I know I only look like 43,but I am S3, and there's a lot of us who are older who live there, and if you know how people drive, as you get older,you are resistant to push down on the gas pedal. MR. HENKEL-This is probably something that should be addressed at a Board meeting. This isn't something for us. MR. CAIMANO-I know that. I understand that wonderfully, but you all have to get involved. You all have to get involved,and what I'm thinking of is,because you are who you are,what Board you are. Maybe you can get a way to get the State to quickly change the speed limit from 45 to 35 all the way down to Stewart's. MR. UNDERWOOD-That's a State. MR. CAIMANO-No,County. MRS. MOORE-That's a County road. MR. CAIMANO-It's a County. MR. UNDERWOOD-You'd have to go to the County,then. MR. CAIMANO-But I'm just asking you because of who you are,what Board you are, and I'm going to do the same thing with the Planning Board. I do it everyday with John down here. We have to do this before we start killing people. Anyway,I started before and I'll get out of here. What I didn't finish was Fowler Square built on a maintenance road that came out. Well they couldn't do it that way. They had to have it fenced. So I went to the police and they got there and they made them fence it. So you can't have traffic at the end of Farr end of Fowler on Blind Rock. MRS. MOORE-So that was actually designed in there. MR. CAIMANO-Yes,I know it was. MRS. MOORE-To have a fence. MR. CAIMANO-It wasn't there when it opened up,though. MRS. MOORE-I know,but it's not new. It's part of the project activities is to make sure that there's a fence there. MR. CAIMANO-Yes, and I'm asking you, I know where it comes from. I've been here a long time, all of you,your Board, the Planning Board, the Town Board has to understand that this is a death bed. Come down Ridge Road if you will. Come down Ridge Road toward Quaker. As you're getting toward Quaker you have a wide open view of Quaker Road,the light,what's on all sides. We don't have this on this road. It's a dangerous road, and it gets more dangerous every day as we put more and more people on it for whatever they want to be on it. So I'm just asking you to look at it all and look at this traffic because it's going to be a killer,okay. Thank you for letting me speak. MR. UNDERWOOD-Thank you. Anybody else from the public who wishes to speak? Yes? BRIAN BURNS MR. BURNS-My name's Brian Burns. I live at the house adjacent right next to the property here and I have several questions about that,exactly what the gentleman's saying here. I've lived here now for about 11 years and there've been several accidents right in front of my house, and the utility pole was actually knocked down at one time, and now we are adding another dangerous right hand turn as this gentleman is saying,they are doing 50 miles an hour easily on our road,and that's one of the questions that I have and the other one is on the property where they're saying that the water line is going to be as they call it the comfort zone or whatever in between my property and the road, the road that's going to be taken over, they have the water line in there, a six inch water main, and it's in between the driveway and the comfort zone. Why is that right therein between my property and the road? And the other question is the electric and utilities, where is that? I don't see anything on that. Where is that being put? The gas line. Is it going to be underground electric or above ground,overhead? MR.HENKEL-That's all beyond us really,to tell the truth. 7 (Queensbury ZBA Meeting 12/14/2022) MR.BURNS-Well how can you approve this when you don't know this? MRS.MOORE-So that is typically handled at the Planning Board level,and so tonight is the Zoning Board meeting. So tomorrow would be the Planning Board meeting with a public hearing that's scheduled and you could bring that information up. That's good questions for them. It's possible that the agent may be able to address some of that information. So some of that information is for the Planning Board. MR.BURNS-Why wouldn't this be on the site plans now? MR. UNDERWOOD-We can ask Mr.Jarrett to come back up when you're finished and maybe he can answer your questions. MR.BURNS-Well,that's definitely the items that I want answered. MR.HENKEL-I understand your concern,but like I said,that's not our Board unfortunately. MR.BURNS-Well how can you pass something when you don't even know what's going on there? MRS. MOORE-Because it's in reference to the variance,the relief that's being requested. So the Planning Board would be the Board that would review the site arrangement and those details that you're requesting. So the Zoning Board's only dealing with the variances that are being requested. MR.BURNS-Okay. MR. HENKEL-That's all site planning. I understand your concerns and you're right, but that's not us unfortunately. MR. BURNS-Okay. So I have to come back tomorrow and do this all over again? And will they have answers tomorrow for me about the gas and electric? MR. UNDERWOOD-He'll come back up and we can ask him. MR.BURNS-Okay. Thank you. MR. UNDERWOOD-Anybody else from the public wishing to speak? Ma'am? JO BURGESS MS. BURGESS-Hello. I'm Jo Burgess. I live in Surrey Fields also and representing the Surrey Fields Homeowners Association board. I guess my first question was, we're looking at frontage change and variance. Is that what we're talking about here? MR. UNDERWOOD-Correct. MS. BURGESS-Is adding a driveway, retaining the existing driveway but the frontage would be very narrow. Is that the variance that you're looking to make a decision on? MR.HENKEL-Yes,it's called a flag lot. MR. UNDERWOOD-It's called a flag lot because it has that narrow passageway to get into the back 40. MS.BURGESS-So here again it's a case of just concern from our neighborhood as far as in and out,vehicles coming in and out, and,yes, certainly the speed has been a factor in recent times,people passing in that area where there's a double yellow line. It's not something you can do anything about as you might say, but it's just a concern. We certainly don't want to make it difficult for the people who are trying to do this project. The home that is currently there,that is going to be staying there? MR. UNDERWOOD-Yes. MS. BURGESS-Is that being sold off? Is that it and they're moving into the new homes? Is that as you explained it? MR.JARRETT-I'll address that in a second. MS. BURGESS-1 didn't know if that was going to betaken down at some point and replaced? That was the other question. All right. I mean it's just being a concerned neighbor and watching that additional entrance. I'm not sure if anyone's here from Cedar Court. They're actually a little closer to it than we are. That's what I wanted to say,just to bring it up. S (Queensbury ZBA Meeting 12/14/2022) MR. UNDERWOOD-Anybody else from the public wishing to speak? MR.BURNS-Can I bring up another point? MR. UNDERWOOD-Certainly. MR. BURNS-Being that I live there. When you come up that road, the existing road, the so called grandfathered road,the driveway that's there now, when you come up that road,the visibility is horrible because it's on a pretty deep slope, and now you're going to pull out of that driveway where you're going to have concerns for more accidents. It is horrible. Have you people checked that out? I mean you come up that road and you can barely see and like I said,the cars are going 50 miles an hour. This is a road that comes up on a pretty steep level and now you're going to have somebody pulling out of there and somebody coming across there going 50, 60 miles an hour, and I have a hard time pulling out of my own driveway which is flat. I mean it's dangerous. It's very dangerous. I mean like I said there's been multiple accidents there since I've lived there, and now you're creating more. It's going to happen. I mean have you really come up that driveway and checked it? MR. HENKEL-I understand. This area, the traffic is increasing. As things get developed the amount of land that we have in Queensbury is going to get more and more developed, and I don't know what to say. MR.BURNS-There's tons of land in Queensbury. MR. HENKEL-We're all to blame because we keep on building a house in places where there's a vacant lot. I mean Surrey Fields was never there. That developed. Built a house there where he is,and you built a house, you know, you live where you do. What can you do? The speed limit should be changed, but there again,that's not us. MR.BURNS-You need to slow down the development. MR.HENKEL-Unless they put a moratorium on it,you can't. MR.BURNS-Has everybody looked into these things? Have you really looked into those problems? MR.HENKEL-There again,that's not our Board,I'm sorry to say,and I understand your concerns. Believe me. MR.BURNS-I know you keep saying that,but I'm not getting any answers here. It's the same thing. MR. URRICO-We can't address what you're asking us to do. The only thing we can concern ourselves with tonight is he's requesting a variance on the road frontage and on these two flag lots that are being created. That's the only thing that we can address tonight. Anything else,and I understand your concerns, and we have to see how it affects the neighborhood. That's the only thing we can look at as one of the criteria. That is something we look at,but we can't just say no to the project because of the concerns on the traffic. We know there's a concern for traffic. We knew about it up here, on anything that's being developed, but we can only address what we're tasked to do. The Planning Board addresses traffic concerns and any development concerns. MR.BURNS-Okay. Well this is a traffic concern. MR. URRICO-Then express to the Planning Board what you're concerned about. MR.BURNS-Okay. Thank you. MR. UNDERWOOD-Anybody else from the public wishing to speak? Okay,Mr.Jarrett,do you want to come back up? MR.JARRETT-Sure. MR. UNDERWOOD-Would you please address the concerns of the public? MR.JARRETT-I'll do my best. So obviously traffic on Bay Road is a concern. I understand it. My client will support any actions that the Town takes and the County takes to reduce speed including signing petitions. We originally looked at locating this driveway in combination with this driveway,in fact even moving this driveway to combine with, and have all three lots accessed off one driveway. Unfortunately there's a septic system in here, and the exact location of it is unknown, so my clients have now used the existing remnant driveway here that he believes is grandfathered by the County, and he wanted the two driveways for the three lots and I understood his concern about the septic system here. That house is to remain,by the way. He will be selling it and he'll be building for himself and his kids. The schedule is unknown but he will be building for his family in the rear if this Board and the Planning Board approve 9 (Queensbury ZBA Meeting 12/14/2022) this project. With regard to the neighbor directly to the north,Mr.Burns I believe it was,we located the water line on the north side of this proposed driveway because we're proposing stormwater management on the south side. It's not a good practice to put a water line directly under stormwater management or in the stormwater management systems. So we located it to the north of the driveway. There's no buffer that I recall there at all that would be disturbed by the water line,but I'm sure my client would be willing to potentially establish some kind of a buffer. I'd have to bring that to his attention. I think that covers the issue. MR. UNDERWOOD-I had one thought also. On your access point where you come out onto Bay Road there,would it make sense to have some kind of a flat approach to it,you could go up to a higher? MR.JARRETT-I can look at that. I've driven out of there several times myself, and I had no issue with sight distance,but I have no issue with flattening it out slightly. MR. UNDERWOOD-That would make sense. John? MR. HENKEL-The owner of this property, how long has he owned this property? There's a zoning law where you're not supposed to develop anymore flag lots,right? Isn't that something with zoning? MR.JARRETT-There is a Code revision that says no flag lots. MR.HENKEL-Okay,and when did that come into effect? Did this person own the property prior to that? MRS. MOORE-I'd have to look that up. MR. HENKEL-I was going to say, if he knew ahead that he's not supposed to do this, then it would be wrong for him to really. MR.JARRETT-The Planning Board to see if they would support it. Obviously your Board makes the final decision,but the Planning Board was comfortable with it at the time during sketch plan. They didn't raise any issues last night. MR.HENKEL-All I'm saying is it's different if the person owned the property before that was made. MR.JARRETT-I don't know that. MR.UNDERWOOD-All right. Any other questions from the Board at this point? Then I guess I will poll the Board. I'll start with you,Dick. MR.CIPPERLY-All the comments about transportation and traffic and whatever notwithstanding,I don't have a problem with the subdivision or the additional driveway. To me there's enough land,and certainly with six acres,three houses,that's fine. The joint driveway,tome,is not an issue. MR. UNDERWOOD-Bob? MR. KEENAN-I think I would agree with Dick. While traffic is a concern, it's not something we can address, and I don't have a problem with the flag lots as they stand. The size of them I think is sufficient enough. I would approve it. MR. UNDERWOOD-Mary? MRS.PALACINO-Yes,I agree with what the members of the Board,while personally a flag lot would not be to my liking, I think we need to acknowledge that progress is what's happening and I think they've been careful to address the issues of the water. So I would be in favor of it. MR. UNDERWOOD-Roy? MR. URRICO-I think I would go along with approving this with the condition that they provide a turnaround lane for any fire trucks or apparatus that needs to get in. MR. UNDERWOOD John? MR. HENKEL-I definitely agree with the neighbors. I don't like this project, but it's not my personal opinion,it's what we're being asked to do here, and it's acceptable what they're asking for the amount of property that's there, and like I said in the beginning, I would like to see a turnaround for fire protection, and that's the only way I would approve it if they were to provide a turnaround in front of each house. So I would be on board with this as is. 10 (Queensbury ZBA Meeting 12/14/2022) MR. UNDERWOOD-Okay. I think there's certain controversy surrounding this project, but in light of the fact that it's only going to be the addition of on single driveway on busy Bay Road, I don't think it's going to flip the coin at this point as far as making the situation dramatically worse than already pre-exists on the road there. at the same time I think the Board recommendation would be that we create some kind of a flat area at the top of the driveway where you turn onto Bay Road which would alleviate the concerns of the neighbors about sight lines and stuff like that when you're pulling into traffic,and I think the Board probably should request also a turnaround for the fire engines, you know, if they ever need to access the back lot or the back 40 there. Mr.Jarrett,do you have any suggestions as far as that? MR.JARRETT-Well I think what I'll do is add a note to the drawings saying that the driveways for the houses need to be designed to facilitate a fire truck turnaround and then can be reviewed by the Fire Marshal at the time. MR. UNDERWOOD-Sure. All right. MR.JARRETT-And regarding the driveway entrance,it's not very steep,by the way,but I'll flatten it out even further to make sure that it's easy to see vehicles in both directions. MR. UNDERWOOD-Right. I think for the Board we've created flag lots and for the leftover parcels that we have in Town you need to have access to the back 40 on some of these older lots that were created long before our Board was ever conceived. So at this point I would like a motion for approval. MRS. DWYRE-Mr. Underwood,would you want to close the public hearing? MR. UNDERWOOD-Yes,I'll close the public hearing at this point. MRS. DWYRE-Thank you. PUBLIC HEARING CLOSED MR. UNDERWOOD-For the public,you'll have your chance to put your two cents in with the Planning Board and they're the ones that will dial in exactly what should be done properly to make it work for everybody. MR.JARRETT-Do you want me to address the utilities issue? MR. UNDERWOOD-Sure. MR.JARRETT-My client is pursuing with National Grid buried utilities along this driveway. That's to be resolved with National Grid,but that's the overall intent. We're not showing anything yet because it has not been ironed out. MR. UNDERWOOD-Thank you. So would someone like to make a motion? MR. CIPPERLY-Sure. The Zoning Board of Appeals of the Town of Queensbury has received an application from Paul Nasrani. Applicant proposes a 3-lot subdivision: Lot 1 at 2 acres with house; Lot 2 at 2.05 acres; and Lot 3 at 2.23 acres.Two new houses are to be constructed on the remaining lots with shared driveway(Lots 2&3).On- site septic and connection to existing municipal water. Site plan for subdivision and freshwater wetlands for work within 100 ft. Relief is requested for lot frontages. Relief Required: The applicant requests relief for lot frontages and flag lots for the proposed 3 lot subdivision. The project is located in the MDR zone on a 6AS ac parcel Section 179-4-050-frontage,179-4-010-flag,179-19-020 road frontage Relief is being requested for lot frontage for Lot 1 where 132 ft.is proposed and 200 ft.is required. Relief is requested for creation of two flag lots. Relief is also requested for Lot 2 lot frontage of 7S ft.proposed and Lot 3 frontage proposed of 26 ft.where 100 ft.is required. SEQR Type II—no further review required, A public hearing was advertised and held on December 14,2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-OSO(A)of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation,we find as follows: 11 (Queensbury ZBA Meeting 12/14/2022) 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties. There's plenty of space and it's reasonable. 2. Feasible alternatives have been considered by the Board and are really not reasonable or are not possible if they're going to utilize the whole six acres. 3. The requested variance is not substantial. There's plenty of space. They're making three lots, each over two acres. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty is really self-created. They could have done nothing at all. 6. In addition,the Board finds that the benefit to the applicant from granting the requested variance would—Outweigh (approval) 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,- S. The Board also proposes the following conditions: a) Turnaround for fire trucks to be approved by the Fire Marshal. b) That the driveway access point onto Bay Road meets County standards. 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 AREA VARIANCE NO. 54-2022 PAUL NASRANI, Introduced by Richard Cipperly, who moved for its adoption, seconded by John Henkel: Duly adopted this 14`h Day of December 2022 by the following vote: MR.URRICO Jim,I'd like to add a notation to this motion,at least to the Town Board and to the Planning Board,that they will address some of the issues that were brought up tonight in terms of traffic,the amount of traffic and the speed of traffic there. While we can't rule on it,we want to note that there is concern for it and we want to pass along those concerns. MR. UNDERWOOD-Maybe we should do that as a joint resolution,separate. I would recommend that. MRS.MOORE-So Jim had mentioned,as part of the conditions,that there may be a flattening,and I didn't hear that information. MR. UNDERWOOD-Yes, that would be at the access, as it joins into Bay Road there, so you have a flat area coming out and not a slope going up. MR.JARRETT-We design in accordance with County standards for driveway entrances. MRS. MOORE-So your request to have a flattened access point to Bay Road would need to be added as a condition. At the moment it's not in there as a condition. That's up to the entire Board. MR. CIPPERLY-Would the County require that? MR.JARRETT-Normally they do. I think this already complies,but we'll review that and make sure. MR. UNDERWOOD-You can just add that condition. MR. CIPPERLY-Okay. We'll add that condition that it's flattened out as it enters onto Bay Road. MR.JARRETT-It's an easy thing to say to County standards,but I'll make sure. MRS. MOORE-I would amend that to be the driveway is made to County standards., I think that that way it addresses this flattening issue. Is that alright? MR.JARRETT-That's fine. AYES: Mr.Henkel,Mr. Cipperly,Mr.Keenan,Mrs.Palacino,Mr. Urrico, Mr. Underwood NOES: NONE 12 (Queensbury ZBA Meeting 12/14/2022) ABSENT: Mr. Kuhl,Mr. McCabe,Mr. McDevitt MR. UNDERWOOD-Thank you. MR.JARRETT-Thank you. MR. UNDERWOOD-Next up on the agenda is Adirondack Retirement Specialists, Ethan Hall will be their agent,the project location is 310 Bay Road,in Ward 2. AREA VARIANCE NO. 64-2022 SEQRA TYPE TYPE II ADIRONDACK RETIREMENT SPECIALISTS AGENT(S) RUCINSKI HALL ARCHITECTURE OWNER(S) ARS RE HOLDINGS INC. ZONING Cl LOCATION 310 BAY RD. APPLICANT PROPOSES TO COMPLETE ACCESS RENOVATIONS AND OTHER ALTERATIONS TO AN EXISTING 2-STORY BUILDING. THE PLANS INDICATE THERE ARE TWO SOUTH SIDE ENTRY PORCHES TO BE RENOVATED, A NEW ENTRYWAY TO BE CREATED ON THE NORTH SIDE, AND A RENOVATION OF THE FIRST STORY ON THE WEST SIDE. THE BUILDING WILL MAINTAIN A 3,215 SQ. FT. FOOTPRINT. THE EXISTING PORCH AREAS OF 249 SQ. FT. WILL BE IMPROVED WITH 360 SQ. FT. TOTAL OF NEW PORCH AREAS. SITE PLAN FOR ALTERATIONS AND NEW CONSTRUCTION TO A BUILDING IN THE Cl ZONE. RELIEF IS REQUESTED FOR SETBACKS. CROSS REF SP 77-2022; SV 11-2002;AV 136-1992;SP 62-99;SP 57-92 WARREN COUNTY PLANNING DECEMBER 2022 LOT SIZE 1.08 AC(16) TAX MAP NO. 302.8-1-16&z 302.8-1-17 SECTION 179-3-040 ETHAN HALL, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff, Area Variance No. 64-2022, Adirondack Retirement Specialists, Meeting Date: December 14,2022 "Project Location: 310 Bay Rd. Description of Proposed Project: Applicant proposes to complete access renovations and other alterations to an existing 2-story building. The plans indicate there are two south side entry porches to be renovated, a new entryway to be created on the north side, and a renovation of the first story on the west side. The building will maintain a 3,215 sq.ft.footprint. The existing porch areas of 249 sq. ft. will be improved with 360 sq. ft. total of new porch areas. Site plan for alterations and new construction to a building in the Cl zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks of commercial additions and building improvements. The proj ect is located in the Commercial Intensive zone on a LOS ac parcel. Section 179-3-040 dimensional The 46 sq. ft. porch is located 59 ft. 3 inches from the road, the 169 sq. ft. porch is located 33 ft. 9 inches from the road where a 75 ft.setback is required. The 46 sq.ft.porch is located 17 ft.5 inches from the north property line where a 20 ft. setback is required. The front facade area building improvements is It ft. 10 inches 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 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 due to the existing building location and lot shape. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief for the north porch is front 15 ft. 9 inches,side 2 ft.7 inches; west porch front is 41 ft. 3 inches;Front facade relief is 63 ft.2 inches. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. The applicant proposes new planting beds around the foundation of the building 13 (Queensbury ZBA Meeting 12/14/2022) 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes alterations to an existing building for access entry areas with new porches and a lift. The plans indicate the interior arrangement is modified for the entryway areas and interior alteration upstairs for the restroom. The plans show the existing conditions and the proposed conditions." MR. URRICO-And the Planning Board based on its limited review did not identify any adverse impacts that cannot be mitigated with the current project proposal and that was adopted December 13`h,2022 by a unanimous vote. MR. UNDERWOOD-Ethan? MR. HALL-Good evening. For your records,my name is Ethan Hall. I'm a principle with Rucinski-Hall Architecture, here tonight representing Adirondack Retirement Specialists. This is the second project now that we've done for Adirondack Retirement Specialists. The first one we did for them was the old Wasserman Dental office which is right across the street from the Lowe's entry on Bay Road. So you can see,I don't know if you remember the building that was there when Jay Wasserman moved out. Sean and his group moved in. They completely renovated the building, put a small addition off the back, put a handicap access on that. They've simply outgrown that space. They purchased this building at 310 Bay Road,which was formerly Cost Control. There were some other offices in there. It originally was a single family residence years and years ago. It's had several additions put on to the building over the years. It's been a professional office as long as I've been in Town. It's 36 years now. The problem with the building as it sits right now,there's an entrance that comes in off of Bay Road,which was the original entry to the front porch to the house. I'm sure that when it was a single family residence that worked great. Now that it's not a single family residence anymore and that's really not the main entrance to the building,it's a little confusing. So our proposal is to take that front entry from the Bay Road sidewalk away completely. So there will be no entry coming directly in. All of the entries are on the south side of the building for the public,which aligns with the main entry to the parking area. The handicap access ramp comes up to the back portion of the building,but the elevator to get you to the second floor is at the front portion of the building. So currently you come up the ramp. It's a wooden ramp,it's in pretty bad shape right now, and you come in to the back of the building, and then to travel to the elevator you have to travel through an entire office space to get to where the elevator is. Oddly enough the entry closest to Bay Road,which isn't handicap accessible,leads you right to the elevator and you wouldn't have to go through anybody's office. So that's kind of the interior switch that we're making. The idea is we're going to take away the handicap ramp that's on the back section, re-build the back section, and then install a handicap lift to get you up into that main entry space,and then use the elevator to go up to the second floor. The new entry porch on the back of the building is strictly for staff so that they can get into the building without having to come through the main entry area so they can get in and get right to their offices without having to come through the reception area. That's really the only changes to the building. The main reason,as Roy said,the front setback on Bay Road is 75 feet required for that travel corridor. The building only sits It feet from the front setback as it is now. So any changes that we would make are going to require us being here in front of you. MR. UNDERWOOD-Board members have any questions? I think Roy and I have been on the Board previously,dating back to when they put that ramp in,you know,so it's been a long time. MR. HALL-Yes, the ramp is in pretty tough shape right now. It was made out of treated lumber, and treated lumber only lasts so long if it's not maintained continuously, and this is one of those things that I think the maintenance has just gone away on it and Sean has had really good luck with the wheelchair lift that we put in at the old Wasserman office and he's really happy with that way that's worked out,and his clients have been really happy with the way that worked out. So we figured it was just as easy to do that, take that other part away and then update the landscaping. We'll take care of all that. It's pretty badly overgrown now. They did a really nice job with the office that they're in now. So I have no doubt that they'll continue to do that with this new office. MR. UNDERWOOD-Anybody have any questions? It seems pretty straightforward. MR. CIPPERLY-When you look at the deed,they actually gave the Bay Road property to the County. MR. HALL-The other thing that Adirondack Retirement Specialists has done, when they purchased this there was actually two lots and since they've purchased it they've combined it. So it's now just one lot. They combined it under one deed, and made it just one tax map number. MR. UNDERWOOD-Are you required to have interconnect with the adjacent businesses on the other side? 14 (Queensbury ZBA Meeting 12/14/2022) MR. HALL-No, actually to the south is a single family residence still and to the north is the new, the townhouses that are back there. So most all the parking for this is out in that long sliver that runs out back. So there are eight parking spaces along the south. Those will be maintained. They're going to have to re-stripe them,just based on where the new entry is going to be. MR. UNDERWOOD-All right. Then at this time I think I'll open the public hearing. Is there anybody from the public here wishing to speak? Any correspondence? PUBLIC HEARING OPENED MR. URRICO-No correspondence. MR. UNDERWOOD-For the Board, I think it's pretty straightforward. Does somebody want to do a resolution? MRS. DWYRE-Did you want to close the public hearing? MR. UNDERWOOD-Yes,I'll close the public hearing. PUBLIC HEARING CLOSED The Zoning Board of Appeals of the Town of Queensbury has received an application from Adirondack Retirement Specialists. Applicant proposes to complete access renovations and other alterations to an existing 2-story building. The plans indicate there are two south side entry porches to be renovated,a new entryway to be created on the north side,and a renovation of the first story on the west side. The building will maintain a 3,215 sq. ft. footprint. The existing porch areas of 249 sq. ft. will be improved with 360 sq. ft. total of new porch areas. Site plan for alterations and new construction to a building in the CI zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks of commercial additions and building improvements. The proj ect is located in the Commercial Intensive zone on a 1.OS ac parcel. Section 179-3-040 dimensional The 46 sq. ft. porch is located 59 ft. 3 inches from the road, the 169 sq. ft. porch is located 33 ft. 9 inches from the road where a 75 ft.setback is required. The 46 sq.ft.porch is located 17 ft.5 inches from the north property line where a 20 ft. setback is required. The front facade area building improvements is It ft. 10 inches where a 75 ft. setback is required. SEQR Type II—no further review required, A public hearing was advertised and held on December 14,2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-OSO(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 not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because essentially we're improving the property with the upgrade of the porches and entrances. 2. Feasible alternatives have been considered by the Board and, are reasonable and have been included to-minimize the request. 3. The requested variance is not substantial because essentially they're in the same footprint as the original building. No major changes have been made to the property. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. Essentially it's an upgrade to the area. 5. The alleged difficulty is self-created,but only because you're actually improving the property over what is currently there. 6. In addition,the Board finds that the benefit to the applicant from granting the requested variance would—Outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or community; 15 (Queensbury ZBA Meeting 12/14/2022) 7. The Board also finds that the variance request under consideration is the minimum necessary,- S. The Board also proposes the following conditions: a) 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 AREA VARIANCE NO. 64-2022 ADIRONDACK RETIREMENT SPECIALISTS,Introduced by Robert Keenan,who moved for its adoption,seconded by Richard Cipperly: Duly adopted this 14`h Day of December 2022 by the following vote: AYES: Mrs.Palacino,Mr. Keenan,Mr. Cipperly,Mr. Urrico,Mr.Henkel,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr. McCabe,Mr. McDevitt MR.HALL-Thank you very much. I appreciate your time. MR. UNDERWOOD-Okay last on the agenda this evening is Immunotek Bio Centers,project location is 176 Quaker Road. Their agent is Erik Sandblom. SIGN VARIANCE NO. 7-2022 SEQRA TYPE UNLISTED IMMUNOTEK BIO CENTERS AGENT(S) ERIK SANDBLOM (SRA ENGINEERS) OWNER(S) 176 QUAKER ROAD LLC ZONING Cl LOCATION 176 QUAKER RD. APPLICANT PROPOSES A FREESTANDING SIGN OF 47.25 SQ. FT.PANEL TO REPLACE THE EXISTING PANEL. THE EXISTING BUILDING OF 15,500 SQ. FT. REMAINS THE SAME. THE WALL SIGNS WERE PREVIOUSLY APPROVED. RELIEF IS REQUESTED FOR SIZE OF SIGN AND SETBACK OF SIGN. CROSS REF SV 5-2022; SP 63-2022; SV 21-2000; SV 66-1996;UV 112-1992;UV 88-1992; SP 44-1996; SP 48-92 WARREN COUNTY PLANNING DECEMBER 2022 LOT SIZE 2.32 ACRES TAX MAP NO. 302.7-1-42 SECTION 140 ERIK SANDBLOM, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff, Sign Variance No. 7-2022, Immunotek Bio Centers, Meeting Date: December 14,2022 "Project Location: 176 Quaker Rd. Description of Proposed Project: Applicant proposes a freestanding sign of 47.25 sq. ft. panel to replace the existing panel. The existing building of 15,500 sq. ft. remains the same. The wall signs were previously approved. Relief is requested for size of sign and setback of sign. Relief Required: The applicant requests relief for a free standing sign--size of sign and setback of sign. The project site is located in the Commercial Intensive zone on a 2.23 ac parcel Chapter 140—signs The proposed sign is to be 10.2 ft. from the property line where a 15 ft. setback is required. The sign is proposed to be 47.25 sq.ft.where the maximum size for a 15 ft. setback is 45 sq.ft. 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 due to the location of the right-of way and the base for the sign is existing. 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 limited due to the site configuration with drive areas and the building location. 3. Whether the requested sign variance is substantial. The relief requested may be considered minimal relevant to the code. Relief is requested for 4.S ft. setback and 2.25 sq.ft.in excess. 16 (Queensbury ZBA Meeting 12/14/2022) 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 impact on the environmental conditions of the district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to replace a panel in existing sign base. The previous sign was part of an approved project that did not have a survey for the sign location. The current applicant has provided a survey indicating the free-standing sign was not located in a compliant location. The sign is consistent with the wall sign advertisement for Immunotek. The plans show the location of the sign,size and wording." MR. SANDBLO M-Good evening. Erik Sandblom from SRA Engineers on behalf of Immunotek. Perhaps you recall I was here a couple of months ago for the wall signs on the building, and at the time Laura had found some information,I guess it was in some old meeting minutes,that seemed to indicate that a variance had been granted for that monument sign. So it wasn't included in the application or for that decision. Upon further digging of information, I guess my understanding is that the old, that there was an old approval,but it was contingent, or it was only granted until the Quaker Road was re-constructed, and I guess Quaker Road has been re-constructed,which would indicate that that variance is no longer in effect. So here I am again to ask for permission for Immunotek to re-use the existing monument sign that Aldi utilized. They just want to use the infrastructure that's there, and the size request comes down to just utilizing the space that's there on the sign, and it also just so happens that Immunotek has two standard sizes and the smaller sign that they have fits here. So to produce a sign that's 45 square feet is certainly possible,but it would involve them customizing a sign. So that's the reason behind it,on the size,to match existing and to maintain the requirements of their standards. MR. UNDERWOOD-I think the Board probably recognizes the fact that if you move the sign from where it currently sits you'd be in the parking lot,too. MR. SANDBLOM-Yes, they're making very,very little changes to the site. We do have site plan review approval from the Planning Board on this project,and it was really more for the change of use,not because of any changes to the site design. MR. UNDERWOOD-Any questions from the Board? MR.HENKEL-How come it's not,is there something missing on the sign,like the price per pint? MR. SANDBLOM-So, fortunately I had one of the representatives from Immunotek with me, or on the phone for the Planning Board meeting, and he gave a pretty interesting assessment of what they do, and I couldn't repeat it,but I think one of the most intriguing questions was what do you get for a donation,and they said it's usually about$100. MR.UNDERWOOD-Any questions from the Board? At this time I'll open the public hearing. I don't see anybody in the public out there. Do we have any kind of correspondence, Roy? PUBLIC HEARING OPENED MR. URRICO-No correspondence. All right. Then I guess what we'll do is have a SEQR, and then we'll do a motion on this. MR. UNDERWOOD-I'll close the public hearing. PUBLIC HEARING CLOSED MOTION REGARDING SIGN VARIANCE NO. 7-2022. 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 NOT RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT. SO WE GIVE IT A NEGATIVE DECLARATION, Introduced by John Henkel who moved for its adoption,seconded by Richard Cipperly: Duly adopted this 14th Day of December 2022,by the following vote: AYES: Mr. Urrico, Mr. Cipperly,Mr. Keenan,Mrs.Palacino,Mr. Henkel,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr. McCabe,Mr. Underwood 17 (Queensbury ZBA Meeting 12/14/2022) The Zoning Board of Appeals of the Town of Queensbury has received an application from Immunotek Bio Centers. Applicant proposes a freestanding sign of 47.25 sq.ft.panel to replace the existing panel. The existing building of 15,500 sq. ft. remains the same. The wall signs were previously approved. Relief is requested for size of sign and setback of sign. Relief Required: The applicant requests relief for a free standing sign--size of sign and setback of sign. The project site is located in the Commercial Intensive zone on a 2.23 ac parcel Chapter 140—signs The proposed sign is to be 10.2 ft. from the property line where a 15 ft setback is required. The sign is proposed to be 47.25 sq.ft.where the maximum size for a 15 ft. setback is 45 sq.ft. SEQR Type:Unlisted [Resolution/Action Required for SEQR] Motion regarding Sign Variance No. 7-2022. 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 not result in any significant adverse environmental impact. So we give it a Negative Declaration, Introduced by John Henkel who moved for its adoption, seconded by Richard Cipperly: Duly adopted this 14th Day of December 2022,by the following vote: AYES: Mr. Urrico, Mr. Cipperly,Mr. Keenan,Mrs.Palacino,Mr. Henkel,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr. McCabe,Mr. Underwood A public hearing was advertised and held on Wednesday,December 14,2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-OSO(A)of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation,we find as follows: 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? It's replacing the sign that currently exists. 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? Not at this point because it would involve moving the sign into the parking lot and creating unnecessary expense to the applicant with no change from what currently exists. 3. Is the requested sign variance substantial? I guess in a sense it would be substantial,but it's not any different than what currently exists. So we would say no. 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? No. 5. Is the alleged difficulty self-created? Yes,they want to maintain the current sign as it exists. 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) 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,- S. The Board also proposes the following conditions: Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does Dot Deed to read the followingA through F): 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; 1S (Queensbury ZBA Meeting 12/14/2022) 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 SIGN VARIANCE 7-2022, IMMUNOTEK B1O CENTERS,Introduced by James Underwood,who moved for its adoption,seconded by Mary Palacino: Duly adopted this 14`h Day of December 2022,by the following vote: AYES: Mr.Henkel,Mr. Cipperly,Mr. Urrico, Mr. Keenan,Mrs.Palacino,Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr. McCabe,Mr. McDevitt MR. UNDERWOOD-And I think I'd like to make a resolution at this time. MOTION TO RECOMMEND TO THE TOWN BOARD TO EXAMINE WITH THE COUNTY LOWERING THE SPEED LIMIT ON BAY ROAD FROM TEE HILL ROAD IN BECAUSE IT SEEMS THAT EVERYBODY HAS DRAMATIC CONCERNS AT THIS POINT IN TIME, DUE TO THE NUMBER OF ACCIDENTS THAT HAVE OCCURRED ON THE ROAD, IT MAKES SENSE TO CONSIDER LOWERING THE SPEED LIMIT, WHATEVER THEY THINK IS REASONABLE. Introduced by James Underwood who moved for its adoption,seconded by John Henkel: Duly adopted this 14th Day of December, 2022, by the following vote: MR. URRICO-And I would point to the concerns of the residents at recent meetings. MR. UNDERWOOD-I mean I think that everybody recognizes the fact that the density of housing has dramatically increased and people are in a hurry. They're going to have to do some enforcement probably to bring it into effect. AYES: Mr. Cipperly,Mr.Keenan,Mr. Henkel,Mr. Urrico,Mrs.Palacino, Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr. McCabe,Mr. McDevitt MR. UNDERWOOD-How's it looking for next month? MRS. MOORE-Full. Just a reminder that there is a training session tomorrow which starts at 5 p.m. in this room. Planning and Zoning Board members are welcome, and it'll run from 5:00 p.m.probably until 6:30 p.m. MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF DECEMBER 14TH,2022,Introduced by James Underwood who moved for its adoption,seconded by John Henkel: Duly adopted this 14`h day of December,2022,by the following vote: AYES: Mr.Henkel,Mrs.Palacino,Mr. Keenan,Mr.Henkel,Mr. Urrico, Mr. Underwood NOES: NONE ABSENT: Mr. Kuhl,Mr. McCabe,Mr. McDevitt On motion meeting was adjourned. RESPECTFULLY SUBMITTED, James Underwood,Acting Chairman 19