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02-15-2023 (Queensbury ZBA Meeting 02/15/2023) QUEENSBURYZONINGBOARD OFAPPEATS FIRSTREGUTAR MEETING FEBR UARYISTr,2023 INDEX Area Variance No.4-2023 Geraldine Eberlein 2. FURTHER TABLING Tax Map No.227.17-1-25 Area Variance No. S-2023 Sharon Serini 2. FURTHER TABLING Tax Map No.240.9-1-4 Area Variance No.50-2022 Garden World Associates LLC 2. Tax Map No. 302.5-1-49;302.5-1-50 Area Variance No.5-2023 Dr.'s Marc&Betsy Fuchs 10. Tax Map No.239.14-1-2 Area Variance No. 6-2023 Queensbury Realty Partners LLC 12. Tax Map No.296.17-1-45 Area Variance No.7-2023 Gary Charlebois 16. Tax Map No. 303.20-2-1S 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 02/15/2023) QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING FEBRUARY 15TK,2023 7.00 P.M. MEMBERS PRESENT MICHAEL MC CABE,CHAIRMAN JAMES UNDERWOOD,VICE CHAIRMAN ROY URRICO,SECRETARY JOHN HENKEL RICHARD CIPPERLY ROBERT KEENAN MARY PALACINO,ALTERNATE MEMBERS ABSENT RONALD KUHL LAND USE PLANNER-LAURA MOORE STENOGRAPHER-KAREN DWYRE MR. MC CABE-Good evening. I'd like to open tonight's meeting of the Queensbury Zoning Board of Appeals,Wednesday,February 15`h,2023. If you haven't been here before,the procedure is pretty simple. We'll call each case up, read the case into the record, allow the applicant to present his case. We'll question the applicant. If a public hearing has been advertised we'll open a public hearing,seek input from the public. Then we'll close the public hearing,poll the Board and proceed accordingly,but first we have a couple of Administrative Items to take care of. So,John,I wonder if I could have a motion for the meeting minutes of January 1S`h,2023. APPROVAL OF MINUTES January 1S`h,2023 MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING MINUTES OF JANUARY 18TK,2023,Introduced by John Henkel who moved for its adoption,seconded by Robert Keenan: Duly adopted this 15`h day of February,2023,by the following vote: AYES: Mr. Cipperly,Mr. Urrico,Mr. Henkel, Mr. Keenan,Mr. Underwood, Mrs.Palacino,Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. MC CABE-And then I've got to apologize for the next two. We're going to table Area Variance AV 4-2023,Geraldine Eberlein,12 Seelye Road North. AREA VARIANCE NO. 4-2023 SEQRA TYPE TYPE 11 GERALDINE EBERLEIN AGENT(S) STUDIO A LANDSCAPE,ARCH,ENG;JON LAPPER,ESQ. OWNER(S) GERALDINE EBERLEIN ZONING WR LOCATION 12 SEELYE ROAD NORTH APPLICANT PROPOSES DEMOLITION OF AN EXISTING HOME AND GUEST COTTAGE TO CONSTRUCT A NEW HOME WITH A FOOTPRINT OF 2„411 SQ. FT.;AN OUTDOOR KITCHEN OF 234 SQ. FT.;AND A NEW FLOOR AREA OF 3,343 SQ. FT. THE PROJECT INCLUDES ASSOCIATED SITE WORK FOR A NEW PERMEABLE DRIVEWAY, STORMWATER MANAGEMENT, AND SHORELINE LANDSCAPING;THE PROJECT ALSO INCLUDES INSTALLATION OF A NEW SEPTIC SYSTEM ON THE ADJOINING PROPERTY. SITE PLAN FOR NEW FLOOR AREA IN A CEA AND HARD SURFACING WITHIN 50 FT. OF THE SHORELINE. RELIEF IS REQUESTED FOR SETBACKS, FLOOR AREA,AND PERMEABILITY. CROSS REF SP 5-2023;AV 70-2007 WARREN COUNTY PLANNING FEBRUARY 2023 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.31 ACRES TAX MAP NO. 227.17-1-25 SECTION 179-3-040;147 The Zoning Board of Appeals of the Town of Queensbury has received an application from Geraldine Eberlein. Applicant proposes demolition of an existing home and guest cottage to construct a new home with a footprint of 2,411 sq. ft.; an outdoor kitchen of 234 sq. ft.; and a new floor area of 3,343 sq. ft. The project includes associated site work for a new permeable driveway, stormwater management, and 2 (Queensbury ZBA Meeting 02/15/2023) shoreline landscaping; the project also includes installation of a new septic system on the adjoining property. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief is requested for setbacks,floor area, and permeability. MOTION TO TABLE AREA VARIANCE NO. 4-2023 GERALDINE EBERLEIN, Introduced by John Henkel who moved for its adoption,seconded by Richard Cipperly: Tabled to March 22,2023 with any new information due by Wednesday,February 22,2023. Duly adopted this 15th day of February 2023,by the following vote: AYES: Mr. Underwood,Mr. Keenan,Mrs.Palacino, Mr. Cipperly, Mr. Henkel, Mr. Urrico,Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. MC CABE-Is there anybody here for that particular meeting? MRS. MOORE-Are you going to open the public hearing? MR. MC CABE-I'll open the public hearing. PUBLIC HEARING OPENED MR. MC CABE-And there is one comment on that,and I'm going to hold that comment until we have the actual meeting. And then we're also going to table AV 8-2023,15 Private Rd.#1,Sharon Serini. AREA VARIANCE NO.8-2023 SEQRA TYPE II SHARON SERINI AGENT(S) NICK ZEGLEN (EDP) OWNER(S) SHARON SERINI ZONING WR LOCATION 15 PRIVATE ROAD#1 APPLICANT PROPOSES A 2-STORY HOME WITH A FOOTPRINT OF 918 SQ.FT.,PORCH AREA OF 160 SQ. FT., AND A FLOOR AREA OF 1,440 SQ. FT. THE PROJECT INCLUDES A SEPTIC SYSTEM AND STORMWATER MANAGEMENT. THE PLAN INCLUDES A VEGETATIVE PLAN FOR REMOVAL AND PLANTINGS TO REMAIN. SITE PLAN FOR NEW FLOOR AREA IN THE CEA. RELIEF IS REQUESTED FOR SETBACKS AND HEIGHT. CROSS REF SP 10-2023;FWW 2-2023 WARREN COUNTY PLANNING FEBRUARY 2023 LOT SIZE 0.2 ACRES TAX MAP NO. 2409-1-4 SECTION 179-3-040 The Zoning Board of Appeals of the Town of Queensbury has received an application from Sharon Serini. Applicant proposes a 2-story home with a footprint of 918 sq. ft.,porch area of 160 sq. ft., and a floor area of 1,440 sq. ft. The project includes a septic system and stormwater management. The plan includes a vegetative plan for removal and plantings to remain. Site plan for new floor area in the CEA. Relief is requested for setbacks and height. MOTION TO TABLE AREA VARIANCE NO. 8-2023 SHARON SERINI, Introduced by John Henkel who moved for its adoption,seconded by Michael McCabe: Tabled to March 22,2023 with any new information due by February 15,2023. Duly adopted this 15th day of February 2023,by the following vote: AYES: Mr. Henkel,Mr. Cipperly,Mrs.Palacino,Mr. Underwood,Mr.Keenan,Mr. Urrico,Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR.MC CABE-Is there anybody here for AV 8-2023,the 15 Private Rd.#I? So I'll open that public hearing. PUBLIC HEARING OPENED MR. MC CABE-And leave it open. So our first case is going to be AV 50-2022,Garden World Associates, 2 Carlton Drive and 537 Aviation Road. TABLED ITEMS: AREA VARIANCE NO. 50-2022 SEQRA TYPE TYPE II GARDEN WORLD ASSOCIATES LLC AGENT(S) HUTCHINS ENGINEERING PLLC OWNER(S) GARDEN WORLD ASSOCIATES 3 (Queensbury ZBA Meeting 02/15/2023) LLC ZONING MDR (49) &z Cl (50) LOCATION 2 CARLTON DR. &z 537 AVIATION RD. APPLICANT PROPOSES A CHANGE OF ZONE FOR A 0.32 ACRE PARCEL AT 2 CARLTON DRIVE(302.5-1-49)FROM MDR(MODERATE DENSITY RESIDENTIAL)TO Cl(COMMERCIAL INTENSIVE). THE PROJECT ALSO INCLUDES A PARKING LOT EXPANSION OF A 0.76 ACRE PARCEL AT 537 AVIATION ROAD WITH THE 0.32 ACRE PARCEL. THE PARKING AREA WOULD BE INCREASED TO 86 SPACES WHERE 560 ARE REQUIRED. PETITION OF ZONE CHANGE (TOWN BOARD REFERRAL,SEQR) FOR PARKING LOT EXPANSION. SITE PLAN FOR PARKING LOT AREA EXPANSION. RELIEF REQUESTED FOR PERMEABILITY. CROSS REF SP 69-2022; RZ 5-2022; AV 44-2017, SP 49-2017 WARREN COUNTY PLANNING JANUARY 2023 LOT SIZE 0.32 ACRES (49) &z 0.76 ACRES (50) TAX MAP NO. 302.5-1-49 &z 302.5-1-50 SECTION 179-3-040 JON ZAPPER&TOM CENTER, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No.50-2022,Garden World Associates LLC,Meeting Date: February 15, 2022 "Project Location: 2 Carlton Dr.&537 Aviation Rd. Description of Proposed Project:Applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Drive (302.5-1-49) from MDR (Moderate Density Residential)to CI(Commercial Intensive). The project also includes a parking lot expansion of a 0.77 acre parcel at 537 Aviation Road with the 0.32 acre parcel. The parking area would be increased to 84 spaces where 50 are required. Petition of Zone Change (Town Board referral, SEQR) for parking lot expansion. Site plan for parking lot area expansion. Relief requested for permeability. Relief Required: The applicant requests relief for permeability for a parking lot expansion for the existing Silo Restaurant. The project is on two properties that are to be merged for a parcel area of 1.09 ac in the CI zone. Section 179-3-040 dimensions Applicant proposes additional hard-surfacing for parking associated with the Silo Restaurant. The proposed permeability is 13.9%where 30%permeable 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 location of the existing building and lot configuration. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is 16.1010 permeable less than allowed. 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 will have minimal to no impact on the physical or environmental conditions. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The project includes associated site work to increase parking to 84 spaces for the existing Silo restaurant. The plans show the existing and proposed parking. The project is under review for a change of zone from Moderate Density Residential to Commercial Intensive. The Planning Board did not identify any significant adverse impacts during the recommendation November 30`h" MR. ZAPPER-Good evening, everyone. For the record,Jon Lapper with Tom Center, project engineer, and Fred Troelstra, one of the owners,is with us as well. So to begin with,the Silo is owned by the same family that owns Garden Time. It's Garden World. They've been in Town for a long time, and the Silo building was constructed around the time that the Northway was built. So a lot's changed at Exit 19 since this was constructed. To some extent they're a victim of their own success that there's just inadequate parking, and because they're on Aviation Road, high traffic but obviously no parking on the street. So during breakfast mostly people park behind the gas station,park on a residential street. We're trying to 4 (Queensbury ZBA Meeting 02/15/2023) solve that problem. The house to be demolished in the back and replaced by the parking is Fred and Frank's dad who passed away last year. So the plan is to demolish the house once he wasn't living there and to add the parking that's really necessary. So procedurally we needed to go to the Town Board for the re-zoning. The Planning Board was the Lead Agency which you consented to. They granted a Neg Dec for SEQR and they also recommended the re-zoning. We went to the Town Board. The Town Board completed the re-zoning. So now it's commercial, and before we go to the Planning Board for site plan we need this one variance from you. We didn't expect the permeability variance because we're making it somewhat less impermeable because the restaurant site was built before there were permeability standards. So it's a lot of blacktop. So what we've done in the back,for the back parking lot to be added, Tom will go through that with you,we did what we could to add enough spaces to make it matter but also to deal with stormwater. We have underground infiltration. We have plantings along the back for a buffer. In fact I recognize Brad Patch,the owner of the lot next door is here,and obviously because they're Carden Time, they can do a lot of planting. So they've offered to put a lot of plants on their property. They'll do that as well,but in terms of the stormwater,we have a signoff from LaBella. So the stormwater plan has been approved, and we did what we could to manage the stormwater on this site, but also to create as much parking as we could to make it make sense to alleviate the parking problem. So with that let me turn it over to Tom to walk you through the site plan,the stormwater and the permeability. MR. CENTER-Good evening. As you can see by the plan. MR. MC CABE-Could you just identify yourself. MR. CENTER-I'm sorry. Tom Center with Hutchins Engineering. What we've done is created the parking area in the rear. This does slope down to the low point where there's an existing drywell. In the parking spaces themselves,we've proposed permeable pavement in those areas to help reduce the proposed permeability, and then stormwater will be captured in a new catch basin and the existing drywell will be tied into it and go into an underground infiltration chamber in that location. In talking with Staff, and I believe when we were at the Planning Board meeting,we also added,in the front corner,a landscaped area where two parking spaces were in the front corner, to try to bring more permeable area to the main lot. As far as the stormwater management calculations go, for a factor of safety, we did not include the permeable pavement in our calculations. We're handling all the runoff from the parking area in our underground infiltration,but we have that added concern,the permeable pavement which will get a lot of the infiltration in those areas and we've added that just as an added factor of safety in there. It's a pretty straightforward design. We have the entrance that comes in at this location. There's no proposal for expansion of the restaurant. So there's no additional parking anything needed with that. So our permeability of the existing lot was at five percent and the combined lot is going to be at 19%. So we have increased the permeability by combining the lots. So we've made it more conforming with the inclusion of the additional lot. MR. MC CABE-So do we have questions of the applicant? MR.HENKEL-So you're not increasing the size of the seating area inside for people to eat,but there's still a need for more parking. I've been there. It's a great place to go for your family in the morning,but it's still waiting to get in there. So now you're going to create,you really don't need more parking spots. MR.ZAPPER-Well we need more parking spots because when you try to get in there,you can't get a spot. So people are driving around. MR.HENKEL-If you've got to wait an hour to eat or whatever,by creating more parking spots,how is that helping,taking care of that problem? MR.ZAPPER-Part of the problem,John,is that people are parking on that side street behind the gas station which isn't that safe a location. It doesn't bother the owners,people walk around the gift shop and buy stuff while they're waiting for a table,but just in terms of the demand because it's a popular place,it's not safe to have people driving around that tight area. MR.HENKEL-There's no doubt it's very tight and it is a problem. I understand that. MR. ZAPPER-They've been hoping to do this for years,just to alleviate the inadequate parking. MR.HENKEL-I know we're not working on this,but the other problem I see is why is there an in and out on Aviation Road? Wouldn't that be better just to have an in there and that would cause a little bit of that congestion to be a little less congested there? I mean you're going to have an in and out on the side of Carlton there. Was that thought of,off of Aviation,having just a one way in instead of an in and out? MR. ZAPPER-It's certainly something we could talk to the Planning Board about. MR. HENKEL-I think that's something that should be considered to alleviate some of that congestion there. There's a problem. 5 (Queensbury ZBA Meeting 02/15/2023) MR. ZAPPER-That wasn't raised by the Town Board or the Planning Board at this point when we got through SEQR. We're not trying to create extra parking that's not needed. This is really needed just to service that building built in a different time. MR.HENKEL-It would definitely make the parking easier,I agree,but like I said,it's not going to help to seat more people. MR. ZAPPER-Right. MR.HENKEL-Thank you. MR. MC CABE-Other questions? MR. KEENAN-Are you going to have to have additional signage to get people to actually use the parking area up there? MR.ZAPPER-It's a good question because it's in the back. The locals will certainly figure out that there's now more parking than there used to be,but probably it would be good to put up a sign that says additional parking in the rear,yes. MR. MC CABE-So a public hearing has been advertised. So at this particular time I'm going to open the public hearing and see if there's anybody in the audience who would like to speak to us on this particular project> Go ahead. PUBLIC HEARING OPENED STEPHANIE MC CORMICK MS. MC CORMICK-My name is Stephanie McCormick. I live at 4 Carlton Drive,which is next door to the house that is to be demolished. As you were stating, there is no more seating, so the parking. It concerns me because Brad Patch currently owns the house and I'm supposed to be closing on it within the next couple of weeks. So this is going to be a property that affects me. It's different when I look into my backyard and I see,you know,lawn and shrubs from the Silo where I can't even see the Silo unless I go all the way to the back of my yard,then I just see parking lots and a shed and a garbage dumpster. So I feel like this is not really going to be beneficial for anybody in the neighborhood to put additional parking. I've lived there for six years. I have not really seen a whole lot of problems with people parking on that side street behind Speedway. I'm two houses from the Silo. Nobody's ever parked in front of the house unless it's maybe twice a year,but this causes,you know,really a lot of heartache. This is the first house I'm going to buy and now it's,I'm thinking I'm going to be looking into parking lot listening to car doors,the plows, garbage cans getting,you know,taken away,car alarms go off and this is now going to be this much closer to me, and it concerns me, and there's going to be more noise, a nuisance. There's going to be more pollution actually and traffic into the neighborhood where there are a lot more kids. Keep bringing that parking lot in,people are walking in the neighborhood. Now you're going to have cars that are going to come off June and,you know,so that's going to,the way that it's angled,people are walking their kids and, you know, the dogs, and it is going to cause some heartache and hardship in the neighborhood. I think that the only person that this benefits is the Silo and,you know,if you talk to all the old neighbors, and I did bring some pictures and a statement from some of the neighbors,you know, and I guess, and I'm sorry that Harry passed away who was the original owner,but I guess he went to everybody in the neighborhood and said I won't go any further into the neighborhood and Brad can attest to this, and,but I don't think additional parking is going to be beneficial for any homeowners there,especially me who's going to be right next door. MR. MC CABE-Okay. MRS. MOO RE-Could I just ask? The note that you provided, are you going to read that into the record? MS. MC CORMACK-Can it just be put into the record? MRS. MOORE-It is,and then the photos,I just want to make sure the Board knows. MS. MC CORMACK-I did take some photos of what it looks like now,bordering my back fence with the sheds and the parking lot that's right up to my fence. Sometimes people come right up to my backyard and I have two small,three dogs,and they walk up to the fence as if it's a park and there's just sometimes there's no privacy because there's only a chain link fence there anyway,but I'm just looking for some privacy, and I don't feel like a parking lot bordering,it's one thing that it's his house and he rents it,and people choose to live there,but I'm going to buy this house. I just want to live the American Dream is all. MR. MC CABE-Sure. 6 (Queensbury ZBA Meeting 02/15/2023) BRAD PATCH MR.PATCH-My name is Brad Patch. I own the house at 4 Carlton Drive. I'm in the process of selling it to Stefanie. Value wise this better not hurt me. I don't have any faith in what you guys do. You gave me a nice, the big white elephant. Supposed to have an eight foot fence, and I do have a fence, with trees behind it. I have midgets behind it. I'll never see them before I die. It's like you don't care about the people who live there. You just want the business. The tire shop will be out of here in four or five years. I don't want Stefanie to be stuck,and I was under the impression maybe 2S spaces. I read somewhere it's S5. I don't want to see S5 cars parked alongside of the road. Maybe 10 or 15,but I don't think it's needed, but if it's coming, I want a hell of a big fence with arborvitaes behind it. So that Stefanie will never see anything,not the little midgets you gave me. Okay. MR. MC CABE-Sure. MR. HENKEL-When he's talking about the tire shop,when we approved that, I thought we approved a certain height of plants that were supposed to be planted there, not only a fence. Is that something that didn't happen? You say that they're little saplings or whatever. MRS. MOORE-I can talk to the Code Compliance Officer. I'll have to look. MR.HENKEL-I can't remember exactly,but didn't we put in the conditions they were supposed to. MR. MC CABE-Yes, a certain height. MR.HENKEL-Sorry if that didn't happen. MR. MC CABE-Is there anybody else who would like to address the Board on this particular item? So, Roy,do you have anything written? MR. URRICO-Yes. I have three letters. The first one is"It seems abundantly clear that 2 Carlton Drive is a residential property being encroached upon for commercial purposes; affecting traffic congestion, property values, and the peace and quiet of surrounding residents. When I moved here 42 years ago, the "Mayor"of our neighborhood Theresa Pizzuto,shared with me that when Harry was trying to get permits to build the"Silo"he personally knocked on every door on Carlton Drive and Greenway Drive and gave his word that he would never try to move his business further into our residential areal When I received this notice, it was my intention to attend this meeting to try to protect my (and my neighbors') from this infringement on our rights. Unfortunately,I'm not feeling well so I can't be there. I am sending this with my fellow residents in the hope that you will understand the importance of protecting the families in our peaceful area. The "Mayor"is watching!! Mary D. Ethridge 1 Greenway Drive son: Randy G. Delcore Queensbury, New York." "I'm against The Silo tearing down a nice house in our neighborhood to make more parking. Do they really need S4 parking spaces? I live around the corner on Greenway Drive, it won't be visible from my house but it changes our neighborhood. Corrine Foote" And that's 6 Greenway Drive. This is Donna Mayne. "I object to a parking lot almost directly across from me and the traffic issues it might cause. Thank you for your time." And that's 5 Carlton Drive. I'm passing around your photos so we can see. MS. MC CORMICK-I have more photos. Do you want them? MR. MC CABE-You can give them to the secretary. So,Jon? MR.ZAPPER-So the Troelstra's feel that they're helping to solve a neighborhood problem because there is a parking problem and a traffic problem and people are driving around trying to find spaces and this has been going on for a long time. All you have to do is drive by on a weekend and you can see that the parking lot is packed, but at the time we're sensitive, which is why he talked to Brad to begin with, that they're certainly willing to put in plants and arborvitaes on the neighbor's side of the fence as well to alleviate that to create a better buffer. We have a buffer on our side now where the site plan is showing,but certainly a line of arborvitaes on the other side is fine, and they can put big ones in because they buy them for wholesale. So that was on the table to begin with and you can certainly make that a condition,but I do want the Board to understand that there's a significant parking and traffic issue. It's so congested at that Exit 19 area and it needs to get solved. It's not safe. MR.HENKEL-Would you be willing to compromise? Maybe you could make it not so many parking spots against where Patch's house is and make that green space there. MR.ZAPPER-The problem is when you have to have,you know,a 20 foot parking space and then a 22 foot drive aisle and then a 20 foot parking space,it just limits you. So it doesn't make sense to lose a whole line of parking for a couple of feet of green space,but what it does make sense to do is to plant on the other side 7 (Queensbury ZBA Meeting 02/15/2023) of the fence to alleviate the neighbor,you know,doing some nice shrubbery on their side as well as a fence, and we're certainly offering that. MR. URRICO-I guess I'll follow up on John's question. Why do you need S4 parking spaces? That assumes there are, I've been there when it's been very crowded, and at most there's maybe 20 people, 20 families, 20 additional cars I would imagine from the people waiting in line, waiting to get into the restaurant. So why is S4 the magic number? MR. CIPPERLY-Are you adding 27? I mean S4 is the total. MR. ZAPPER-Eighty four is the total. MR. URRICO-So you're adding 27 onto what's currently. MR. CIPPERLY-And then taking away three. So you've got a net of 24 more spaces. Is that right? FRED TROELSTRA MR. TROELSTRA-Fred Troelstra. I'm one of the owners there. So candidly, to answer your question, yes,on a busy weekend we are full and the parking spaces are full. So what we observe are people coming into the parking lot,circling around, and they don't circle once. They're kind of determined to get in, so they'll circle a couple of times. So now you've got people,you're able to travel around the entire property. So you've got people circling and we currently have our staff park out on June behind the Speedway and we're trying to eliminate that. We park it up all sides of the street,and we're parked further down on the other side of Speedway. When I looked at this project,the combination of the two properties don't go any deeper than the motel next door. You see the heavy dashed line up there at the top of the page,you'll see the corner of the motel. So we're not any deeper than the motel at this point. That is the line that designates the, delineates the commercial from the residential. So we're upping the number of parking spaces to allow a person to drive in,comfortably find a spot without cycling around the building,and what we're witnessing to is we don't have much leeway for the car and the camper that comes in or the pickup truck and the trailer,and certainly we're just looking to make it safe. It's difficult for a truck and a trailer. They shouldn't go there. MR. CIPPERLY-You're staff is going to park here now. Is that correct? MR. TROELSTRA-Yes, affirmative. So we're trying to get them off the street. MR. CIPPERLY-So if the staff parked at the back,that would eliminate a lot of doors and cars. MR. TROELSTRA-Yes. They're going to be asked to park in that back lot certainly. Thank you. MR. URRICO-Laura,being that the zoning has changed, Commercial Intensive, and now the residential area is remaining the same behind it,is there a buffer needed as well? MRS.MOO RE-So there's a 50 foot buffer between uses. That hasn't changed,and that's a discussion with the Planning Board. So the alternative here,instead of 50 foot,is that planted buffer and the fencing. So that's something the Planning Board can consider. MR. TROELSTRA-We are not looking to create any hardship for the new owner at 4 Carlton. MR. URRICO-You have to tell them,not me. MR. TROELSTRA-So we'll create a buffer there of a fence and we currently have arborvitaes there, and that is maintained and you can't see through them. So I think they're shaped nicely there. So we can certainly create that for our neighbor. MRS.PALACINO-Is there some thought being given to the positioning of the parking spaces? If you look at your map,if I'm coming in and driving down the right side of the building,the parking spaces are angled in that direction. If indeed people are circling around the building,if you look at your parking spaces on the other side, closer to Carlton,they're angled opposite of the way traffic is coming or vice versa. I tried parking there and it's difficult because you are looking at parking spaces in one direction and others heading in another direction. MR. TROELSTRA-Right. Exactly. You come in the main entrance and so it may be a little hard to distinguish it now,but there are arrows. So the intent is you come in and you go primarily to the right. However,if there's spaces available on the light days you can see it's wide enough to park to the left. You can see that, but they circle around in a clockwise direction. If they don't see it the first round, they'll come back around and try it again and that's where the congestion starts. So if we allow enough parking in the back,they'll likely park in the back is the idea. After 40,we're 41 years there this year. Yes,we've S (Queensbury ZBA Meeting 02/15/2023) had these discussions amongst ourselves of how best to line that parking,and this is what has worked and seems to be optimized to this point. MR. MC CABE-So at this particular time I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-And I'm going to poll the Board, and I'm going to start with Jim. MR. UNDERWOOD-I think we need to be very careful here on what we do. In this instance here, we have to reflect upon the fact you have an established residential neighborhood there. Neighbors have been given their please as to why they think they should not go forward. I think that what you've proposed is way over the top. I think I would propose maybe 10 parking spaces on that lot only. I think I would leave it at that because I'm not going to give you any more than that. Normal houses on that street probably have no more than two or three cars for each residence and I think 24 or 27 added more parking spaces is way too many. MRS. MOORE-So just to note that the variance is for permeability. MR. MC CABE-Right. MRS. MOORE-So just remember that when you're going through your criteria. MR. MC CABE-Mary? MRS. PALACINO-I would be inclined to not approve this. I,too,feel that it's over the top and I'm trying to be proactive rather than reactive and very truthfully my concern is if you're looking to add a total of S4 parking spaces. MR. MC CABE-Wait a minute now. They're not adding S4. MRS. PALACINO-A total of S4, that who knows what you or someone else might come down the road and look to push this beyond where it is or where you're looking to go. I'm not inclined to approve it. MR. MC CABE-Bob? MR.KEENAN-I think,knowing the issue here for us is really the permeability,I think to get to that point we need to reduce the number of parking spaces in order to get to where, what we're being asked to determine. MR. MC CABE-Roy? MR. URRICO-My inclination would be not to approve the requested variance,but I would be in favor of something that's a little less dramatic,less intensive. If they wanted to cut down the number of spaces, and only use this as an overflow lot, at times,I would be in favor of it. MR. MC CABE-Dick? MR.CIPPERLY Just about the same. I have a lot of sympathy. I mean I've been one of those people going around and around at times, and I'm in favor of dropping the parking spaces out by the highway. I think that adds something to the attractiveness of the whole site,but adding the other 27 is kind of, I agree,the word over the top is kind of good. If we're somewhere in between 10 and 20 we're probably going to come out okay. MR. MC CABE John? MR.HENKEL-There's no doubt the Troelstra family has been around for a long time,between the garden business on Quaker Road,actually started on Dix Avenue many years ago. They're a good family and we'd like to see them stay in business. It's a good business,the Silo,but I think we need to find some other way of making this project work. I think there is a project to be had here. The permeability is what we're actually being asked,not about the parking,but we have to consider the neighborhood is one of the things we have to consider and I think if they reduce the parking spots that would increase their permeability which maybe they could almost eliminate it so they wouldn't be asking for anything I guess. So at this time I'm not willing to approve the project as is. MR. MC CABE-So you don't have many friends here. MR. ZAPPER-So I would just like to say that we didn't anticipate because both the Town Board and the Planning Board were very supportive that there was a problem that needed to get solved,but obviously we 9 (Queensbury ZBA Meeting 02/15/2023) hear you loud and clear, and we'll look at that back row and see what we can come up with as a compromise,whether we pull it back from the property line,you know,reduce the amount of parking to compromise,but hopefully it'll be enough spaces to solve their problem and to create more buffer to the neighbor. So I'll ask to be tabled and we'll re-think it and ask that it be back next month. MR. MC CABE-So you probably won't make it next month. MRS. MOORE-We do have room on the second meeting,if that works for the Board,we do have room on the second meeting. MR.HENKEL-March 29`h MR. MC CABE-March 29`h MR.HENKEL-With any new information by March 15`h? MR. ZAPPER-We can get it in quicker than that. MR. MC CABE-If we give you until the 15`h,you're fine. The Zoning Board of Appeals of the Town of Queensbury has received an application from Garden World Associates LLC. Applicant proposes a change of zone for a 0.32 acre parcel at 2 Carlton Drive (302.5-1- 49)from MDR(Moderate Density Residential)to CI(Commercial Intensive). The project also includes a parking lot expansion of a 0.77 acre parcel at 537 Aviation Road with the 0.32 acre parcel.The parking area would be increased to S4 spaces where 50 are required. Petition of Zone Change (Town Board referral, SEQR) for parking lot expansion. Site plan for parking lot area expansion. Relief requested for permeability. MOTION TO TABLE AREA VARIANCE NO. 50-2022 GARDEN WORLD ASSOCIATES LLC, Introduced by John Henkel who moved for its adoption,seconded by Mary Palacino: To March 29`h,2023 with any new information due by March 3rd,2023. Duly adopted this 15th day of February 2023,by the following vote: MRS.MOORE-I apologize. I'm going to ask you to change that,because we have to do advertisement,and if there's anything that's amended,then that information may need to appear in an advertisement. I'm not certain at this point,but let's make that March 3rd MR.HENKEL-March 3rd with any new information. MRS. MOORE-Yes. MR.HENKEL-We're still tabling it to March 29`h,though. MRS. MOORE-Correct,and the re-open the public hearing. MR. MC CABE-So you want me to do that now? MRS. MOORE-No,you can do it after the motion. AYES: Mr. Cipperly,Mr.Henkel,Mrs.Palacino,Mr. Keenan,Mr. Underwood, Mr. Urrico,Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. ZAPPER-Thank you. We'll be back in March. MR. MC CABE-So our next application is AV 5-2023,Marc&Betsy Fuchs. MRS. MOO RE-I'm sorry. Can you re-open the public hearing for the last application. MR. MC CABE-So I'll re-open the public hearing for AV 50-2022. PUBLIC HEARING RE-OPENED NEW BUSINESS: 10 (Queensbury ZBA Meeting 02/15/2023) AREA VARIANCE NO.5-2023 SEQRA TYPE TYPE II DR.'S MARC&z BETSY FUCHS AGENT(S) HAROLD GEURTZE &z CO. INC. D/B/A GEURTZE BUILDERS OWNER(S) DR.'S MARC &z BETSY FUCHS ZONING WR LOCATION 19 WOOD POINT LANE APPLICANT PROPOSES A 272.25 SQ. FT. (FOOTPRINT) PARTIALLY OPEN CARPORT ADDITION TO THE EXISTING GARAGE OF 509 SQ. FT. THE CARPORT IS TO BE ON THE NORTH SIDE OF THE GARAGE. THE EXISTING HOME OF 2,910 SQ.FT.FOOTPRINT IS TO REMAIN. THE FLOOR AREA IS TO BE 3,686 SQ. FT. THE PROJECT IS AN EXPANSION OF A NON-CONFORMING STRUCTURE. SITE PLAN REVIEW FOR NEW FLOOR AREA IN A CEA (179-6-065). RELIEF IS REQUESTED FOR SETBACKS AND PERMEABILITY. CROSS REF SP 7-2023;AV 17-2014;AV 36-2010;AV 48- 02; SP 15-2014; SP 49-98 WARREN COUNTY PLANNING FEBRUARY 2023 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.65 ACRES TAX MAP NO. 239.14-1-2 SECTION 179-5-020; 179-3-040 PATRICK MOONEY, REPRESENTING APPLICANTS,PRESENT STAFF INPUT Notes from Staff,Area Variance No.5-2023, Dr.'s Marc&Betsy Fuchs, Meeting Date: February 15,2023 "Project Location: 19 Wood Point Lane Description of Proposed Project: Applicant proposes a 272.25 sq.ft. (footprint)partially open carport addition to the existing garage of 509 sq.ft. The carport is to be on the North side of the garage. The existing home of 2,910 sq.ft.footprint is to remain. The floor area is to be 3,656 sq.ft. The project is an expansion of a non-conforming structure. Site plan review for new floor area in a CEA(179-6-065). Relief is requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the construction of a carport addition. The project is on a 0.69 ac parcel located in the Waterfront Residential Zone,Lake George. Section 179-3-040 dimensional,179-5-020 garage The applicant carport addition is to be 12.9 ft. from the header to the property line where a 20 ft. setback is required. The permeability is to be 69.700/o where 750/o is required. The previous area variance did not identify the permeability for relief. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination,the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the location of the existing garage. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested is 7.1 ft.to the setback. Permeability relief is 5.30/o. 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 maybe considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant has proposed to complete construction of a carport addition that does not meet the side setback. The plans show the location of the addition on the garage in relation to the property lines. The elevations show the carport to be open and to be consistent with the existing garage." MR. MOONEY-Patrick Mooney from Geurtze Builders representing Mr. and Mrs. Fuchs. So obviously what we're looking for is the side yard setback. The current garage has a 12.5 foot setback and we're going to be a little less than that,12.95 square feet setback. The existing area underneath the proposed carport already is blacktop area. So this lends itself to. They have a carport now,they're just wishing to keep it covered from the tree sap. MR. MC CABE-So the permeability is for past sins. 11 (Queensbury ZBA Meeting 02/15/2023) MR. MOONEY-Well, actually if you look at it,and I believe I submitted a letter to Laura,when I got into this and all the permeability prior included a full basement,all the numbers included a full basement,and the existing structure house,and the garage are slab on grade. So it reduced the previous permeability by almost 3,000 square feet. MRS. MOORE-So that's in relation to floor area. MR. MC CABE-I just wanted to make sure that this project wasn't really increasing permeability. MR. MOONEY-No,we're not. MR. MC CABE-So do we have questions of the applicant? So a public hearing has been advertised. So at this particular time I'm going to open the public hearing and see if there's anybody in the audience who would like to speak with regard to this particular project? Do we have anything written? PUBLIC HEARING OPENED MR. URRICO-I just want to read in the motion, 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 passed on Valentine's Day 2023 by a unanimous vote. MR. MC CABE-So at this particular time I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-I'm going to poll the Board, and I'm going to start with Roy. MR. URRICO-I'm going to say yes on this. I'm in favor of it. MR. MC CABE-Dick? MR. CIPPERLY-Yes, also. I think the lake gets a little bonus on this one with the crushed stone that wasn't there before. So that water went somewhere and now it's going to go somewhere different. MR. MC CABE John? MR.HENKEL-It's definitely minimal relief. So I'd be on board as is. MR. MC CABE Jim? MR. UNDERWOOD-It's a minor request. I have no problem with it. MR. MC CABE-Mary? MRS.PALACINO-I concur. I have no issues. MR. MC CABE-Bob? MR.KEENAN-I don't have any issues with the project. I think it looks good. MR. MC CABE-And, I, too, support the project. It's a minimal request, put a little cover over what's already a hardtop. So at this particular time,Jim,I'm going to ask if you'd make a motion here. The Zoning Board of Appeals of the Town of Queensbury has received an application from Drs. Marc&z Betsy Fuchs. Applicant proposes a 272.25 sq.ft.(footprint)partially open carport addition to the existing garage of 509 sq. ft. The carport is to be on the North side of the garage. The existing home of 2,910 sq. ft. footprint is to remain. The floor area is to be 3,656 sq.ft. The project is an expansion of a non-conforming structure. Site plan review for new floor area in a CEA (179-6-065). Relief is requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the construction of a carport addition. The project is on a 0.69 ac parcel located in the Waterfront Residential Zone,Lake George Section 179-3-040 dimensional,179-5-020 garage 12 (Queensbury ZBA Meeting 02/15/2023) The applicant carport addition is to be 12.9 ft. from the header to the property line where a 20 ft. setback is required. The permeability is to be 69.700/o where 750/o is required. The previous area variance did not identify the permeability for relief. SEQR Type II—no further review required, A public hearing was advertised and held on February 15,2023. 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 nothing really is going to change except the addition of a carport. 2. Feasible alternatives aren't really feasible because of the location they wish to load the carport. 3. The requested variance is not substantial. It requires only minimal relief. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district in the immediate vicinity of the project. 5. The alleged difficulty is self-created because they do want to create this. 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) 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. 5-2023 MARC &z BETSY FUCHS, Introduced by James Underwood, who moved for its adoption, seconded by Michael McCabe: Duly adopted this 15th Day of February 2023 by the following vote: AYES: Mr.Keenan,Mrs.Palacino,Mr.Henkel,Mr. Cipperly,Mr. Urrico,Mr. Underwood, Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. MC CABE-Congratulations,you have a project. So our next application is AV 6-2023, Queensbury Realty Partners LLC,920 State Route 9. AREA VARIANCE NO.6-2023 SEQRA TYPE TYPE 11 QUEENSBURY REALTY PARTNERS LLC AGENT(S) CARYN MLODZIANOWSKI - BOHLER ENGINEERING LANDSCAPE ARCHITECTURE NY PLLC;AND JONATHAN C. LAPPER,BARTLETT,PONTIFF,STEWART&z RHODES, PC OWNER(S) JOHN JARSZ ZONING CM LOCATION 920 STATE ROUTE 9 APPLICANT PROPOSES A DEMOLITION OF THE EXISTING BUILDING TO CONSTRUCT A NEW SINGLE STORY 3,516 SQ.FT.MEDICAL BUILDING. THE SITE WORK INCLUDES ANEW PARKING AND ACCESS ARRANGEMENT TO SWEET ROAD. THE PROJECT INCLUDES NEW LANDSCAPING, LIGHTING AND STORMWATER MANAGEMENT. SITE PLAN FOR NEW CONSTRUCTION AND SITE WORK IN THE CI ZONE. RELIEF IS REQUESTED FOR SETBACKS. CROSS REF SP 8-2023 WARREN COUNTY PLANNING FEBRUARY 2023 LOT SIZE 0.51 ACRES TAX MAP NO.296.17-1-45 SECTION 179-3-040 JON LAPPER, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No.6-2023,Queensbury Realty Partners LLC,Meeting Date: February 15, 2023 "Project Location: 920 State Route 9,Description of Proposed Project: 13 (Queensbury ZBA Meeting 02/15/2023) Applicant proposes a demolition of the existing building to construct a new single story 3,516 sq. ft. medical building. The site work includes a new parking and access arrangement to Sweet Road. The project includes new landscaping,lighting, and stormwater management. Site plan for new construction and site work in the CI zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of new urgent care building. The project is on a 0.52 acre parcel in the Commercial Intensive zone. Section 179-3-040 dimensional The new building is proposed to be 33.4 ft.from State Route 9 and 6.0 ft. from Sweet Road where a 75 ft. setback is required. The south side(rear) setback is to be 11.2 ft.where a 25 ft. setback is required. Noting the parcel is a corner lot with two fronts and two rear setbacks. 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 sign variance. Minimal to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be limited due to the project occurring on a corner lot and the requirements for front setbacks in the CI zone of 75 ft. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code.Relief is requested for 41.6 ft.from Route 9 and 69 ft.from Sweet Road. The rear setback relief is 13.S ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may have minimal to no impact on the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a new building for urgent care. The plans show the location of the new building. The plans show site arrangement to include access only from Sweet Road and no access to Route 9. MR. URRICO-The Planning Board based on its limited review passed a motion that did not identify any significant adverse impacts that cannot be mitigated with the current project proposal, and that was passed on February 14`h,2023 by a unanimous vote. MR.ZAPPER-For the record,Jon Lapper,Tim Freitag from Bohler Engineering,and Jared George on behalf of the ownership group. So Gambles Bakery has been there since before zoning. It's a difficult intersection because Route 9,Wal-Mart,right now the site has curb cuts on Route 9 which is not a safe thing,nothing you can do now. This site has been designed to address that. In terms of whether the hardship is self- created,there's essentially zero building footprint here that would be permitted because both Sweet Road and the Route 9 frontage are considered fronts. So two fronts and two backs and that increases the required setbacks. There's basically nothing you could build on that site, and the building that's there is twice as big as what we're proposing. So both traffic and aesthetics,there's going to be only a parking lot in the back. So no access from Route 9,landscaping and trees on the front on Route 9 which will look a lot better than what's there now,much more controlled. Because of the constraints of the site, with the setbacks we couldn't fit anything if we didn't have those side setback variances,but it's not a permeability variance. It's not a floor area ratio variance. So it's not too much for the site. It's just about how it gets laid out and we think this is the best way to lay it out,closer to the road so there's room to park in the back but it's still leaving plenty of green space in the front. So with that let me ask Tim to walk you through it. TIM FREITAG MR. FREITAG-Great. Thank you,Jon. Good evening Mr. Chairman,members of the Board. Tim Freitag with Bohler Engineering. We've got a great re-development opportunity here. Up on the screen is an aerial just showing the project site location at the intersection of Route 9 and Sweet Road. I've got it highlighted there with the big arrow,highlighted in white. As you can see,there's commercial on all four sides of this existing site. To the south where the arrow is,it's tough to see on this map,but that's actually 14 (Queensbury ZBA Meeting 02/15/2023) the driveway to the property to the south of us as well. As Jon had mentioned,we've got a large building on a small half acre site. It's approximately 7200 square feet in existing conditions today. We're looking to cut that building in half. We've got,we're proposing a demolition of the full 7200 and proposing a 3500 square foot facility. Here up along Route 9 we've got open curb cuts. The existing condition is kind of ignore property lines. We've got pavement extending into the right of way. We've got parking into the right of way, and on Sweet Road there is just one large open curb cut. So it's kind of free flow of traffic. If we jump over to the next page, we've got a colored site plan render. This is the same plan that was submitted. We just colored it up for presentation purposes. You can see here our building is situated a little bit to the west up along the frontage of Route 9. We've taken the opportunity to eliminate all parking pavement and the curb cut to Route 9 between the building and Route 9. So you can see all that abundant amount of green space we're proposing out front with landscaping and improving pedestrian connectivity with the sidewalk to the signalized intersection. We've taken the opportunity to put the parking lot behind the building so you can see behind the building in the gray areas we've got a parking lot accommodating 29 parking spaces and we've isolated the access to Sweet Road,not Route 9,just to Sweet Road,with defined access points and now we have two access points that allows free flow in and around site and out,but it's at a controlled access guard so it's not the wide open curb cuts. As part of this project like I mentioned, smaller building, smaller parking lot,but it's allowed the opportunity to increase green space by over 3,000 square feet. Just in perspective that building on the plan there is 3500 square feet, 3,000 square feet of new green space than what exists today. Big improvement. We're going to have stormwater management retention underneath the parking lot in the back. So we'll be increasing green space, reduction of pavement and the stormwater management system as proposed is a significant improvement for the area. That's a high level view of the site plan. I'd be happy to answer any questions the Board may have, and,Jon,do you have anything else before I turn it back over to the Chairman? MR. MC CABE-So do we have questions of the applicant? MR.URRICO-There is no access from the driveway that goes from the hotel to the back of your property? MR. HENKEL-I assume it was probably looked at and then turned the building the other way,this is the best way of having the building,this direction compared to? MR. FREITAG-That's right. The building is perpendicular with the contours of the grading of the site. The site tends to drop off towards the back so you have to position it the long way with the contours and the elevation. MR. HENKEL-I know this isn't our concern,but you've got 29 spots. I mean how many people do you plan on having work there? How many doctors? How many nurses? How many office help? How many PA's? I mean how many people are going to be working there? MR. FREITAG-My understanding is the rotation is like an eight to ten at a time rotation for employees working there. MR. HENKEL-So you're saying eight to ten employees. Because you've got six exam rooms.. You've got one spa room. You've got a consultant room. So there's eight spots right there. Then you've got the employees, about eight. So that's 16 roughly. MR. ZAPPER-A patient will sit in the room and wait for the provider. MR. HENKEL-Right. There's six examining rooms. So there's six people right there, six cars. It seems like there's not enough car spaces,but that's not our concern. MR. ZAPPER-It meets the parking requirements. MR.HENKEL-Right. I just hope it doesn't cause a problem with parking on Sweet Road. It's too bad you couldn't get that property behind it that's been vacant for so many years. It's a good project. MR. MC CABE-Other questions of the applicant? Seeing none, a public hearing has been advertised. So at this particular time I'm going to open the public hearing and see if there's anybody in the audience who would like to speak on this. Do we have anything written? PUBLIC HEARING OPENED MR. URRICO-No. MR. MC CABE-So at this particular time I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-Poll the Board,and I'm going to start with Bob. 15 (Queensbury ZBA Meeting 02/15/2023) MR.KEENAN-I hate to lose Gambles,but I think this is a good project. So I would approve of it. MR. MC CABE-Mary? MRS.PALACINO-Yes,I will miss Gambles as well,but I don't have any issues with this one. MR. MC CABE Jim? MR. UNDERWOOD-It's a grand improvement over the current conditions on site. So I think it's a great plan. MR. MC CABE John? MR. HENKEL-The only thing that scares me is the parking problem. That's my only concern,but other than that,it's a great project. MR. MC CABE-Dick? MR. CIPPERLY-Pretty much the same. I have no issues with this. MR. MC CABE-Roy? MR. URRICO-Yes,since we're only dealing with the setback issues and it's a corner lot I don't think they can avoid that. I'd be in favor. MR. MC CABE-And I,too,think that it's a vast improvement over what exists now,except I used to go to Gambles for my donuts,too. So I'm going to miss that,but I think everything's good here. So I'm going to ask Dick if he would make a motion here. The Zoning Board of Appeals of the Town of Queensbury has received an application from Queensbury Realty Partners LLC. Applicant proposes a demolition of the existing building to construct a new single story 3,516 sq.ft.medical building. The site work includes a new parking and access arrangement to Sweet Road. The project includes new landscaping, lighting, and stormwater management. Site plan for new construction and site work in the CI zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of new urgent care building. The project is on a 0.52 acre parcel in the Commercial Intensive zone. Section 179-3-040 dimensional The new building is proposed to be 33.4 ft.from State Route 9 and 6.0 ft. from Sweet Road where a 75 ft. setback is required. The south side(rear) setback is to be 11.2 ft.where a 25 ft. setback is required. Noting the parcel is a corner lot with two fronts and two rear setbacks. SEQR Type II—no further review required, A public hearing was advertised and held on February 15,2023. 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 it's actually a smaller footprint of a building and more permeability on the lot. 2. Feasible alternatives have been considered and are just not possible due to the configuration of the lot and the setbacks. 3. The requested variance is not substantial because it's an improvement. It's a smaller building, good permeability. I'm in favor of that. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty is self-created because they bought the lot. Gambles is gone. 16 (Queensbury ZBA Meeting 02/15/2023) 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) 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. 6-2023 QUEENSBURY REALTY PARTNERS LLC,Introduced by Richard Cipperly,who moved for its adoption,seconded by John Henkel: Duly adopted this 15th Day of February 2023 by the following vote: AYES: Mr. Underwood, Mr. Keenan,Mr. Cipperly,Mrs.Palacino,Mr. Urrico, Mr. Henkel,Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. MC CABE-Congratulations. MR. ZAPPER-Thanks,everyone. MR. FREITAG-Thank you all. MR. MC CABE-So our next application is AV 7-2023,Gary Charlebois, 39 Boulevard. AREA VARIANCE NO.7-2023 SEQRA TYPE TYPE 11 GARY CHARLEBOIS AGENT(S) ETHAN HALL-RUCINSKI HALL ARCH. O WNER(S) GARY&z BARBARA CHARLEBOIS ZONING CLI LOCATION 39 BOULEVARD APPLICANT PROPOSES A 9,192 SO. FT. ADDITION FOR AN UPDATE TO THE EXISTING HVAC COMPANY. THE ADDITION IS FOR NEW WAREHOUSE, LOADING DOCK AREAS AND UPDATE TO THE FLOOR PLAN. THE EXISTING BUILDING IS 6,099 SO. FT. THE PROJECT INCLUDES SITE WORK FOR STORMWATER MANAGEMENT, LIGHTING AND PARKING AREA, DISTURBANCE OF 32, 000 SO. FT. SITE PLAN FOR BUILDING ADDITION AND SITE WORK IN THE CLI ZONE AND HARD SURFACING WITHIN 50 FT. OF THE SHORELINE(CANAL). RELIEF IS REQUESTED FOR SETBACKS. CROSS REF SP 9-2023; AV 9-1989; AV 10-1989; SP 53-2000; SP 11-2000; SP 5-89 WARREN COUNTY PLANNING FEBRUARY 2023 LOT SIZE 1.76 ACRES TAX MAP NO. 303.20-2-18 SECTION 179-3-040 ETHAN HALL, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No. 7-2023, Gary Charlebois, Meeting Date: February 15, 2023 "Project Location: 39 Boulevard Description of Proposed Project: Applicant proposes a 9,192 sq. ft. addition for an update to the existing HVAC company. The addition is for new warehouse,loading dock areas and update to the floor plan.The existing building is 6,099 sq.ft.The project includes site work for stormwater management, lighting and parking area, disturbance of 32,000 sq. ft. Site plan for building addition and site work in the CLI zone and hard surfacing within 50 ft. of the shoreline (Canal). Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of addition to the existing building. The project is on a 1.723 ac parcel in the Commercial Light Industrial zone. Section 179-3-040 dimensional The new building is to be located 4 S feet 11 inches from the Feeder Canal 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: 17 (Queensbury ZBA Meeting 02/15/2023) 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the location of the existing building and the site work for the parking area and stormwater management. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested is 26 feet 1 inch. 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 maybe considered to have minimal to no impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The project work includes the 9,354 sq.ft.new addition to the existing 6099 sq.ft.building. The addition area will primarily be used for warehouse and have an office area with bathrooms in each section. The existing building will maintain the office area, a wholesales area, and the mezzanine area for storage.,, MR. HALL-For your records, I'm Ethan Hall, principle with Rucinski Hall Architecture here tonight representing Gary Charlebois. Gary owns the building that is at 39 Boulevard. It's currently occupied by Sid Harvey,HVAC contractor,wholesale contractor. The building is bursting at the seams. They have a showroom floor that has some product on it,very little warehouse space. Currently it's stacked right to the ceiling. They do have some overhead mezzanine that is full of product. They've got a couple of office spaces that's full of product. They just need more space. They also need an unloading dock for trucks. Currently if tractor trailers come to the site with their deliveries,they have to unload them from a forklift out in the yard and bring it in to the building. So this will solve that problem and just give them more warehouse space. So that's basically what the project is. The reasoning for our meeting,the area variance is we are right up against the shoreline,the Champlain Canal,the Feeder Canal. The 75 foot setback does run into the existing building already. We tried to offset the building as much as we could and still allow enough room for the truck dock to get in there. We're actually coming right into the middle of the existing building. We're right in between two wain columns on the end of the existing pre-engineered metal building. Attaching it there with the truck dock and then adding on to it going to the east. If you've been down to the site you'll see that the Champlain Canal Authority or the New York State Canal Authority, already has the site open. Claude had the opportunity for the Canal Authority to get in there,they're re- lining that part of the Canal and they needed the site to get in and they asked him if he would allow them to have the access to the Canal across his lot. So it's tied up with them until they get done with that. That's anticipated to be done I think by May of this year. MR.MC CABE-Do we have questions of the applicant? Seeing none,a public hearing has been advertised, and so at this particular time I'm going to open the public hearing and see if there's anybody in the audience who would like to speak on this particular project. So do we have anything written,Roy? PUBLIC HEARING OPENED MR. URRICO Just a motion from the Planning Board that didn't identify any significant adverse impacts that cannot be mitigated with the current project proposal, and that was passed on February 14`h,2023 by a unanimous vote. MR. MC CABE-So at this particular time I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-I'm going to poll the Board and I'm going to start with John. MR. HENKEL-This is very minimal,what they're asking. It's not going to create any problems with that Feeder Canal at all. So I don't see where there's any problem with this. MR. MC CABE-Dick? MR. CIPPERLY-I think it's great and helps an existing building and the setback from the Feeder Canal is going to be okay and I'm sure DOT,the Canal corporation is going to cleanup their mess. They'll probably make it better than it was when it started. Everybody's going to win on this one. MR. MC CABE-Roy? 1S (Queensbury ZBA Meeting 02/15/2023) MR. URRICO-Yes,I'm in favor of the project. MR. MC CABE-Bob? MR.KEENAN-Yes,I'm in favor. MR. MC CABE-Mary? MRS.PALACINO-I have no issues with this at all. MR. MC CABE Jim? MR. UNDERWOOD-No problem with it. MR. MC CABE-And I, too, support the project. I think it's an opportunity to clean up the area,make it more attractive and so it looks like we're in good shape here. So, Bob, I'm going to ask that you make a motion here. The Zoning Board of Appeals of the Town of Queensbury has received an application from Gary Charlebois. Applicant proposes a 9,192 sq.ft. addition for an update to the existing HVAC company. The addition is for new warehouse, loading dock areas and update to the floor plan. The existing building is 6,099 sq. ft. The project includes site work for stormwater management, lighting and parking area, disturbance of 32,000 sq.ft.Site plan for building addition and site work in the CLI zone and hard surfacing within 50 ft.of the shoreline(Canal). Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of addition to the existing building. The project is on a 1.723 ac parcel in the Commercial Light Industrial zone. Section 179-3-040 dimensional The new building is to be located 4 S feet 11 inches from the Feeder Canal where a 75 ft.setback is required. SEQR Type II—no further review required, A public hearing was advertised and held on February 15,2023. 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. It's actually an improvement for the business. It helps with the business. 2. Feasible alternatives have been considered by the Board and we have found this is needed for the project. 3. The requested variance is not substantial because the setback from the Canal is not significant. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty may be self-created because they're putting an addition on their building, but we do not find that as a detriment. 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) 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. 7-2023 GARY CHARLEBOIS, Introduced by Robert Keenan,who moved for its adoption, seconded by James Underwood: 19 (Queensbury ZBA Meeting 02/15/2023) Duly adopted this 15th Day of February 2023 by the following vote: AYES: Mr. Cipperly,Mrs.Palacino,Mr.Henkel,Mr. Urrico,Mr. Underwood, Mr. Keenan,Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. MC CABE-Congratulations. MR.HALL-Thank you,everyone. I appreciate your time. MR. MC CABE-So at this particular time I make a motion that we adjourn tonight's meeting. MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF FEBRUARY 15TH,2023, Introduced by Michael McCabe who moved for its adoption, seconded by John Henkel: Duly adopted this 15`h day of February 2023,by the following vote: AYES: Mr.Henkel,Mrs.Palacino,Mr. Cipperly,Mr. Urrico,Mr.Keenan,Mr. Underwood,Mr. McCabe NOES: NONE ABSENT: Mr. Kuhl MR. MC CABE-Thank you very much for your attention. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Michael McCabe,Chairman 20