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Application�, AREA VARIANCE TOWN OF QUEENSBUR j DEPARTMENT OF COMMUNITY DEVELOPMENT DIVISION: ZONING DATE REC�JFEB 531 BAY ROAD� Ek QUEENSBURY, NEW YORK 12804-9725 (518) 745-4436 1. Applicant's Name: Cumberland Farms, Inc. Street Address: 777 Dedham Street City, State, Zip: Canton, MA 02021 Telephone No. 617-828-4900 2. Agent's Name: Steve Noftle Street Address: c/o Cumberland Farms SWC Magta & Central Sts. City, State, Zip: Corinth NY 12822 Telephone No. 518-654-9904 3. Owner's Name: Cumberland Farms, Inc. Street Address: 777 Dedham Street City, State, Zip: Canton MA 02021 Telephone No. 617-828-4900 4. Location of property: US Rte. 9 @ Kendrick Rd. 5. Description of how to find the property: NEC of Route 9 ' and Kendrick Road 6. TAX MAP NUMBER: Section 69J9, Block 1 , Lot 17 7. Zone Classification: Com. A Lot size: 1.00 acres/sgxxfAy- 8. Section(s) of the Zoning Ordinance from which you king i7 '1 �� i2gv��L ��-..doi this variance: -,2 ;' _ - � Fa ct F >r�t7 �I/ 9. Present use(s) of property: Convenience store with gasoline dispensing facilities 10. Proposed use of property (the change you will be making): Add 24' x 33' canopy over existing gas islands 11. is the property in question within 500 feet of a County or State Right of Way, Park, Municipal Boundary, or Watershed draining any County or State facilities, requiring review by the Warren County Planning Board? YES NO ✓ 12. List the names and location of the parcel (include tax map number aiid'zc;ne) df adjoining property owners. Name: Ae Cre Qerta Tax Map # 4 9 ' - /8 Zone 46L -/- ` Name: 949 NORTH � Name: RonKe Tax Map # WEST - J - EAST Tax Map # 6 5;' Zone SOUTH I Zone Name: ke.✓dretL Rot Tax Map # Zone cf PLEASE answer the following questions. Attach additional sheets if necessary. 13. Describe the practical difficulty which does not allow placement of a structure which meets the zoning requirements. The canopy is essential to keep pace with industry standards and other nearbv competition. Its Position will be dictated by the location _of 14. Is this the minimum variance necessary to alleviate the specific practical difficulty or is there any other option available which would require no variance? To relieve requested variance would require a complete demolition and relocation of the facilities which becomes financially impractical. • 15. Would this variance be detrimental to the other properties in the district or neighborhood? No, it would not. It would be in harmony with other similiar uses in the community. 16. What are the effects of the variance on public facilities and services? None 17. or way. F F in 7 PLEASE ATTACH THE FOLLOWING ITEMS TO YOUR APPLICATION 18. A site plan showing existing and proposed features of the property, including: A. lot dimensions DRAW TO SCALE: preferably 1 inch equals 40 feet or less B. north arrow and scale C. location and dimensions of existing and proposed buildings, showing setback distances and uses D. parking layout to scale E. physical features (streets, steep slopes, lakes, wetlands, etc.) F. location of water and sewer system, if applicable G. easements and public roads H. adjacent ownership r. and Mrs. First Last Name treet Address Queensbury, New York 12804 TAX MAP NO. 120-01-8.9 SCALE: 1" = 20 NOTE: Diagram is used as an example only. Not all possible information depicted (shown). M 02. N _ N 52' SA 1 t0 N N N OO N N T N 52' 6A U 00 m N 4 210' wo 19. In the space provided below, draw an overview (site location) of where your property is located in the Town of Queensbury. Show north arrow, street corners (name them) and identify your property. NOTE: This particular map does not have to be drawn to scale. SEE ATTACHED PLAN . J w z f �Ap[RESi DPoVE q DLtN YAAR DAouAD U TA aD A $ PROJECT LOCATION xonTA WA Aun Au AV4141 0.d �,yy StlYAF LOCATION MAP >. MESSAGE TO THE APPLICANT(S) AND/OR AGENT Please return the ORIGNAL APPLICATION THAT IS FILLED OUT along with 9 copies. In total we required 10 sets of your application. A complete application includes this application form filled out , a variance site plan with narrative and supporting reports, if applicable. Please fold your accompanying maps (variance site plan) to at least an 8 1/2 by 14 inch or smaller format. Substantial information needs to be submitted as required for placement on the Zoning Board of Appeals agenda. IF YOU HAVE ANY QUESTIONS, PLEASE GIVE US A CALL OR STOP IN TO SEE US. (518) 745-4436. SPECIAL NOTE: Other permits may be required for construction or alteration subsequent to approval by the Zoning Board of Appeals. It is the applicant's responsibility to obtain these permits. I, _Richard L_ Longton_ -- HAVE READ MESSAGE. SIGNATURE OF APPLIC ✓ SIGNATURE OF AGENT: DATED THIS 9th ABOVE AND UNDERSTAND THE ABOVE .., , 3ichard L. Lon ton, DAY OF Apri 4 , Construction YEAR 1993 • QUEENSBURY ZONING BOARD OF APPEALS CHECKLIST A. Title of drawing, including name and address of applicant and person responsible for preparation of such drawing. B. North arrow, scale, and date. IDRAW TO SCALE: preferably inch equals 40 feet or less C. Boundaries of the property with dimensions in feet, including zoning boundary delineations. N/A D. Existing watercourses, wetlands, and other waterbodies. E. Location of all existing principle and accessory structures and their uses with exterior dimensions and lot line and waterfront setbacks. • F. Location of all proposed principle and accessory uses and structures with exterior dimensions and setbacks. G. Location of any existing or proposed easements, driveways, outdoor storage and refuse containment areas, including setbacks and dimensions of said structures, etc. unicipal H. Location of existing and proposed sewage disposal facilities, ystem including lot line, waterfront and well setbacks. Also, location of existing sewage and water systems on adjoining lots. N/A I. Location and description of existing public or private water supply. • J. Description of the method of securing public or private water and location. K. Location and design of all existing and proposed parking and loading areas, showing driveways, ingress, egress, handicapped parking and curbing. L. Total number of existing parking spaces, including the number of those to remain or to be removed, those to be paved, those to be graveled, and total number of proposed new paved spaces and proposed graveled spaces, including basis for determining parking adequacy. N/A M. Location, design, and construction materials of all existing or proposed site improvements; including drains, culverts, retaining walls, and fences. N/A N. Location, setbacks, and size of all existing and proposed signs; including design and construction details of proposed signs. 5 ti 9/A N/A /A N/A O. Location and proposed development of all buffer areas, including existing vegetative cover and screening of storage or refuse areas. P. Location and design of all existing and proposed outdoor lighting facilities. Q. Identification of the location and amount of building area proposed for retail sales or similar commercial activity. R. If applicable, the applicant is required to submit a MATERIAL SAFETY DATA SHEET (MSDA) as required by the Environmental Protection Agency. The list must include the chemicals and hazardous materials to be stored and used on site and the quantities of such. The plan presented to the Board must show any storage and containment areas. S. General landscaping plans. T. Other elements integral to the proposed development as considered necessary by the Zoning Board of Appeals. U. The applicant is required to accurately identify all setbacks between buildings and the property boundaries. All areas where variances are required need to be clearly identified and accurately measured i • EXISTING SETBACK (feet) PROPOSED SETBACK (feet) SIDE YARD: FRONT YARD (1): 50 40 FRONT YARD (2): (if corner lot) 71 REAR YARD: S}IORELINE: TOTAL SQUARE FEET: - NOTE TO TO APPLICANT(S) AND AGENT: Please address all of the Items on the checklist. If an Item on the checklist does not apply to your particular proposal, mark 'n/a' (not applicable) next to the Item. If the required substantial Information Is not Included In the submission, the application will be removed from the agenda. I, Richard L. Longton_______ h e eviewed the a _ ve checklist and NOTE TO APPLICANT and nder and w at Tequire completion. C RL S, Signature of Applicant: ___ _ ate _ 4/9/93 c W_ and L. L n— on—Construc io Signature of Agent: �._ Date _ys� • • I I AUTHORIZATION TO ACT AS AGENT FOR I We Q _Cumberland Farms,_Inc.___ (SEMIMR, OWNER) OF PREMISES LOCATED AT Rte. 9 @ Kendrick Rd. TAX MAP NUMBER 8 HEREBY DESIGNATE: Steve Noftie --------------------------------------------- AS MY AGENT REGARDING AN APPLICATION FOR A VARIANCE AT THE ABOVE PREMISES. DEED REFERENCE BOOK DOES THE ABOVE PARC HOLDINGS? PLEASE ER D F SIGNED: I _ ____rd L. Lon Y 654 PAGE:45�-458 DATE: 7/1/83 -------------------------- REPRESENT OWNER'S ENTIRE CONTIGUOUS �H BXPLANAXION. _yv______ DATE: April 9, 1993 sident, Construction PLEASE READ BELOW AND SIGN THE PARTIES HERETO CONSENT THAT THE PROCEEDINGS WHICH RESULT FROM THE WITHIN APPLICATION MAY BE TAPE-RECORDED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S DESIGNATED • STENOGRAPHER AND THAT SUCH MINUTES AS MAY BE TRANSCRIBED SHALL CONSTITUTE THE OFFICIAL RECORD OF ALL PROCEEDINGS REGARDING THIS APPLICATION, UNLESS THE SAME MAY VARY FROM THE HANDWRITTEN MINUTES TAKEN BY THE DESIGNATED STENOGRAPHER, IN WHICH EVENT THE HANDWRITTEN MINUT S TO SUCH INCONSISTENCIES SHALL BE DEEMED THE OFFICIAL REC911 A / APPLICANT'S SIGNATURE v AGENT'S SIGNATURE: DATED THIS 9th R3ccFard L. Loxigt� it Vice-president, Constructio 11�-------------------- DAY OF April , YEAR ___1993 ___ 4 • PROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I —PROJECT INFORMATION Jo be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME Cumberland Farms, Inc. Cumberland Farms 3. PROJECT LOCATION: Municipality Queensbury County Warren 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) US Route 9 @ Kendrick Road 5. IS PROPOSED ACTION: ❑ New ❑ Expansion ® Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Add canopy over existing gasoline islands No other site work is proposed. 7. AMOUNT OF LAND AFFECTED: Initially 1 acres Ultimately I acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Elyse No If No, describe briefly Front yard setback variance required. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑ Residential ❑ Industrial ® Commercial ❑ Agriculture ❑ Park7Forest/Open space ❑ Other Describe: Mixed uses in the vicinity. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ❑ Yes IN No If yes, list agency(s) and permitlapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes ® No If yes, list agency name and permlVapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑ Yes ® No I CERTIFY THAT H INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor me: C E L JD FA S, INC. Date: 4/9/93 Signature: J If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART 11—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. Cl Yes ❑ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another Involved agency. ❑ Yea ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing air quality, surface or groundwater quality or quantity, nolse levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change In use or Intensity of use of land or other natural resources? Explain briefly. C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not Identified In C1C5? Explain briefly. C7. Other Impacts (Including changes In use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes ❑ No If Yes, explain briefly PART III —DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether It is substantial, large, Important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (I.e. urban or rural); (b) probability o1 occurring; (c) duration; (d) Irreversibility; (a) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been identified and adequately addressed. ❑ Check this box If you have identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental Impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible O icer Signature of Responsible Office, in Lead Agency Signature of Preparer (if different from responsible officer) rr� • J TRAILER PARK 'e e SLEIGHTS 4 "RKET PD .E' ,� i t"•^ POND/ FPPM SO It Q LAKE GEORGf s t / i '� � rt I. TRAVEL TRAILER PARK Z 110 y csrtlNtr Coll - e 4 n McCw^rocL •_i G�`�.• ( WISIy�SUNI 8 d ♦ ♦ , \i NOU IY lAll i Rd 20 o ��alltil{ ? GLEN AL LAKE ) D 1 C NN (pCr al,as � Pd Rut" 87 % •`•`Dnr IOND SSOtYIOwN - LA[, GET' "'It U. S.•. 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S 3 s } 2 w S, la t, ~` 2• ~ 1 I S' t \ 9 1 ] P ♦ liol Cer __ ^"'q'_ d � II ��,..' 0. i. .� Gl TORN OF QUEENSBURVDEPARTIIIENT OF C'OhInIUNITY DEVELOPMENT NOTE TO FILE I AND ZONING BOARD OF APPEALS APPLICANT: Cumberland Farms, Inc. MEETING DATE: June 16, 1993 USE ❑ AREA SIGN ❑ OTHER ❑ FILE NUMBER: 44-1 993 SUMMARY OF PROJECT: Applicant is proposing to construct a freestanding canopy over an existing gasoline pumping island. CONFORMANCE WITH USE/AREA REGULATIONS: 1. Applicant is proposing forty (40) feet as the front yard setback, and is seeking thirty-five (35) feet relief from Section 179-28B(6), which requires that all buildings erected or altered within the Travel Corridor Overlay District shall be seventy-five (75) feet from the road right-of-way. REVIEW CRITERIA: 1. DESCRIBE THE PRACTICAL DIFFICULTY WHICH DOES NOT ALLOW THE PLACEMENT OF A STRUCTURE WHICH MEETS THE ZONING REQUIREMENTS. The practical difficulty rests with the fact that the existing gasoline pumping island is forty (40) feet from the road right-of-way, and the design and position of the proposed canopy duplicates the existing setback from the road right-of- way. 2. IS THIS THE MINIMUM VARIANCE NECESSARY TO ALLEVIATE THE SPECIFIC PRACTICAL DIFFICULTY OR IS THERE ANY OTHER OPTION AVAILABLE WHICH WOULD REQUIRE NO VARIANCE? It would appear that the relief requested is the minimum variance necessary to alleviate the specific practical difficulty and no other option is available that would require no variance. 3. WOULD THIS VARIANCE BE DETRIMENTAL TO OTHER PROPERTIES IN THE DISTRICT OR NEIGHBORHOOD? It would appear that the variance would not be detrimental to other properties in the district or neighborhood as project is page 1 of 2 AV 44-1993, Cumberland Farms, Inc. consistent with the commercial district within which it is located. 4. WHAT ARE THE EFFECT OF THE VARIANCE ON PUBLIC FACILITIES AND SERVICES? It would appear that the variance would not effect public facilities and services. STAFF COMMENTS AND CONCERNS: Applicant is proposing to construct a freestanding canopy over an existing gasoline pumping station, which he believes is necessary to compete with other gas stations, as it affords shelter from the weather for patrons and will also incorporate a fire suppression system. AR/sed page 2 of 2 WARREN COUNTY PLANNING BOARD THOMAS HAILEY WARREN COUNTY MUNICIPAL CENTER RALPH BAILEY CHAIRMAN LAKE GEORGE, NEW YORK, 12845 VICE CHAIRMAN TELEPHONE 15181761-6410 June 9, 1993 TO: Queensbury Planning & Zoning Town Office Bldg. Queensbury, NY 12804 RE: QBY AV 44-1993 Cumberland Farms, Inc. Route 9 @ Kendrick Road At a meeting of the Warren County Planning Board, held on the 9th day of June 1993 , the above application for an Area Variance to add a 24' x 33' canopy over existing gas islands. was reviewed, and the following action was taken. Recommendation to: () Approve () Disapprove () Modify with Conditions () Return (x) No County Impact Comments: It is the policy of the Warren County Planning Board to follow the procedures of the New York State General Municipal Law, Section 239-M, with regard to Municipal Zoning actions that are referred to and reported thereon. The following are procedural requirements that must be adhered to: 1.) The Warren County Planning Board shall report its recommendations to the referring municipal agency, accompanied by a full statement for such actions. `If na:action.is taken within thirty (30) days or agreed upon time, the municipal agency may act without such report. 2.) If the recommendation is for disapproval of the proposal, or modification thereof, the municipal agency shall not act contrary to such action except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary actions. 3.) Within seven (7) days after the final action by the municipal agency having jurisdiction on the recommendations, modifications or disapproval of a referred matter, such municipality agency shall file a report with the Warren County Planning Board on the necessary form. Thomas Haley, Chairperson Ralph Bailey, Vice Chairperson TOWN OF QUEENSBURY 531 BAY ROAD %QW QUEENSBURY, NEW YORK 12804 Theodore Turner, Chairman Joyce Eggleston, Secretary R.D. #5, Box 409, 139 Meadowbrook Road R.D, #4, Box 601 Queensbury, New York 12804 Queensbury, New York 12804 TO: Cumberland Farms, Inc. 777 Dedham Street Canton, MA 02021 PROJECT FOR: Cumberland Farms, Inc. THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING REQUEST AT THE MEETING AND HAS RESOLVED THE FOLLOWING: June 16th, 1993 VARIANCE FILE NUMBER: 44-1993 --- -- =USE 0 AREA 0 SIGN --------------- NIffa © APPROVED = DENIED 0 TABLED 0 WITHDRAWN QSEQRA REVIEW IIQTION TO APPROVE AREA VARIANCE NO. 44-1993 CUHBERLAND FARHS INC., Introduced by Robert Karpeles who moved for its adoption, seconded by Fred Carvin: Applicant is proposing to construct a freestanding canopy over an existing gasoline pumping island, and we would grant 40 feet as a front yard setback, and 35 feet relief from Section 179-28B161, which requires that all buildings that are erected or altered within the Travel Corridor Overlay District will be 75 feet from the road right-of-way. The practical difficulty rests with the fact that the existing gasoline pumping island is 40 feet from the road right-of-way, and the design and position of the proposed canopy duplicates the existing setback from the road right-of-way. It appears that the relief requested is the minimum variance necessary to alleviate the difficulty, and this would not be detrimental to other properties in the district or neighborhood. It would have no effect on public facilities or services. We don't want any signage on this. Duly adopted this 16th day of June, 1993, by the following vote: AYES: fir. Carvin, Firs. Eggleston, Hiss Hauser, fir. Thomas, fir. Karpeles, fir. Turner NOES, NONE ABSENT: Fir. Philo SINCERELY, / �- �� cc: Warren County Planning THEODORE TUP.NER, CHAIRMAN QUEENSBURY ZONING BOARD OF APPEALS PLEASE READ THE BACK OF THIS FORM - Th enk Y o u -0 0 m n � M C � z 00 G O Z M Z OOP to D 'a 0 0 in -n 7no�3= O < -{ N c D N r � DNr M fA n { D 0 M Z O D {fA (Zp C M _ nM> N M M MOD 2 < O V — D r_ � 0 n D 07 L Z { D 1 2 X D mL.Z C Z imTlN� zD fAn'D W =1 9 IC 0 Z < {n0 r D § 179.92. Expiration of variance. Unless otherwise specified or extended by the Zoning Board of Appeals, decision on any request for a variance shall expire if the applicant fails to undertake the proposed action or project, to obtain any necessary building permit to construct any proposed new building(s) or change any existing building(s) or to comply with the conditions of said authorization within one (1) year from the filing date of such decision thereof. § 179-91. Hearing, decision; APA review. A. Within thirty-one (31) days of receipt by the Zoning Board of Appeals of a completed application for a variance, the Zoning Board of Appeals shall give notice by public ad in official newspaper of a public hearing to be held on the application not less than five (5) days nor more than thirty-one (31) days after the notice. The Adirondack Park Agency shall be a full party in interest for all variance applications within the Adirondack Park, with standing to participate in any and all proceedings under this Article for which the Agency was required to be sent notice under § 179-89B of this Article. B. Within thirty (30) days of the final adjournment of a public hearing called and held under Subsection A of this section, the Zoning Board of Appeals shall grant, grant with conditions or deny the variance applied for. The division of the Board shall be in writing and shall contain each of the findings specified in § 179-88 of this Article and the factual basis for each finding from the record of the hearing, which shall support the decision of the Board. C. For decisions involving lands within the Adirondack Park, the Board shall notify the Adirondack Park Agency, by certified mail, of such decision. Any variance granted or granted with conditions shall not be effective until thirty (30) days after such notice to the Agency. If, within such thirty -day period, the Agency determines that such variance involves the provisions of the Land Use and Development Plan as approved in the local land use program, including any shoreline restriction, and was not based upon the appropriate statutory basis of practical difficulties or unnecessary hardships, the Agency may reverse the local determination to grant the variance.