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Resolution 6/16/99TOWN OF QUEENSBURY k 742 BAY ROAD HLML QUEENSBURY, NEW YORK 12804 Christian G. Thomas„ Chairman Bonnie M. Lapham, Acting Secretary 21 Pinewood.Hollow Road-- 409 Ridge Road Queensbury, New York 12804.1 Queensbury, New York 12804 TO: Sanjay Kapoor PROJECT FOR: 21 Summerfield Lane Saratoga Springs, NY 12866 The Sleep Inn Hotel 82 unit Queensbury, NY THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING v D W D REQUEST AT THE BELOW STATED MEETING AND HAS RESOLVED THE r, M c M FOLLOWING: Z 0 r- M zmz� Meeting Date: June 16, 1999 D M 0 3P, Area Variance No. 57-1999, The Sleep Inn, Queensbury, NY O v m 0 M E _ ® APPROVED ❑DENIED ❑TABLED ❑ WITHDRAWN ❑SEQRAREVIEW v0=y D c n ❑ WITH CONDITIONS y y Dyr M MOTION TO APPROVE AREA VARIANCE NO. 57-1999 THE SLEEP INN, Introduced m c O by Robert McNally who moved for its adoption, seconded by Daniel Stec: m M Z 43 State Route 9. The applicant proposes the construction of a 13,690 square foot 82 unit hotel, on D z Z the east side of New York State Route 9, between Sweet Road and Montray Road. The applicant has < N N requested a 15 foot variance from the HC-1A maximum height allowance of 40 feet, so that they can y D —I construct a 55 foot high tower structure at e south end of the hotel building. The benefit to the the C m D applicant is that the building would be more visually appealing, that it would be in conformity with = y 1 the franchise operation that they're buying in to, and that there would be no modification required to D 2 the elevator and stair systems contained in the tower. The feasible alternatives include reducing the N MO m overall height of the proposed tower, but this would constitute a major modification in cost as well M Z -0 as alter the corporate identity that the tower structure represents for the Sleep Inn chains. The relief, a r in my opinion, is minimal, due to the fact that the tower itself is only a small portion of the overall X D W 'U Z -G D 1 S X D page 1 of 2 m C- Z D�z c_ m y* Z-D tnn'a z Z < D O r- y PLEASE READ THE BACK OFTHIS FORM - ThenkYou D Continued Resolution: Meeting Date: June 16, 1999 Area Variance No. 57-1999, The Sleep Inn, Queensbury, NY structure, and in and of itself, will not exceed the requirement except to a minimal degree. The granting of this requested variance would have no effect on the neighborhood or community that anyone could characterize as negative, and given the fact that this is an empty lot, and something of an eyesore, would probably have a positive aesthetic effect on the character of the neighborhood. I do not find that the difficulty is self-created. For these reasons, I move that we approve this Area Variance. That by passing this motion, we're not approving the depicted signage on the drawings that they've submitted with this application, that's not part of the application before us. Duly adopted this 16th day of June, 1999, by the following vote: AYES: Mr. Stec, Mr. McNally, Mr. Stone, Mr. Hayes, Mr. McNulty, Mr. Thomas NOES: NONE ABSENT: Mrs. Lapham Sincerel4-4 , S0S Chris Thomas, Chairman Queensbury Zoning Board of Appeals CT/sh cc: Peter Loyola Dave Kapoor page 2 of 2 IMPORTANT INFORMATION REGARDING TABLING PROCEDURE RESOLUTION At the February 17, 1993 the Queensbury Zoning Board of Appeals made a MOTION THAT WHEN THE ZONING BOARD OF APPEALS TABLES AN APPLICATION, THAT THE APPLICANT HAS SIXTY (60) DAYS TO COME BACK WITH THE APPLICATION. IF THE APPLICANT DOES NOT COME BACK WITH THE APPLICATION WITHIN SIXTY (60) DAYS, THEY HAVE TO READVERTISE, Introduced by Theodore Turner who moved for its adoption, seconded by Fred Garvin: Duly adopted this 17th day of February, 1993, by the following vote: AYES: Mr. Garvin, Mr. Carples, Mrs. Paling, Mr. Thomas, Mr. Turner NOES: None ABSENT: Mr. Philo, Mrs. Eggleston § 179-91 ZONING § 179-92 § 179-91. Zoning Board of Appeals hearing-, decision; APA review. [Amended 11-23-1992 by L.L. No. 11-1992] A. The Zoning Board of Appeals shall give such notice of hearings, hold hearings, and decide applications presented to it, as may be required or allowed by Town Law §§ 267-a and 267-b. B. Appeals from a Zoning Board of Appeals decision may be taken as allowed by Town Law § 267-c. C. The Adirondack Park shall be considered a party to variance applications in the Adirondack Park and shall receive such notice and have such rights of review as are provided in the Executive Law of the State of New York and the applicable APA rules and regulations. D. 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. § 179-92. Expiration of variance. Unless otherwise specked 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.