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Staff NotesStaff Notes ZBA December 13, 2023 Administrative Items: Approval of Meeting Minutes November 15, 2023 Request to Table AV 4-2023 (Eberlein) to January 17, 2024 AV 1-2023 (Mike Rozell) Request for One Year Extension New Business: AV 47-2023 Cypress Pools (for Mary Cardinale) SV 7-2023 Margie Yarton-Higgins (for Walmart) SV 8-2023 AJ Signs (for We11NOW) Town of Queensbury Zoning Office 742 Bay Road, Queensbury, NY 12804 518-761-8238 TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION — GRANT EXTENSION REQUEST AREA VARIANCE 1-2023 Michael Rozell Tax Map ID: 289.7-1-17 Property Address: 56 Reardon Rd. / Zoning: WR Applicant proposes removal of existing homes/buildings and driveway area to construct a new home of 2,201 sq. ft. with porch areas of 274 sq. ft. and 158 sq. ft. footprint. The new floor area is 3,819 sq. ft. The project includes a new driveway area, septic, well, and shoreline plantings. Site plan for new floor area in a CEA. Relief is requested for setbacks. The Zoning Board of Appeals approved Area Variance -2023 on January 18, 2023. Applicant is requesting a one year extension. With this resolution the Zoning Board of Appeals grants a one year extension to January 18, 2024. MOTION TO APPROVE A ONE YEAR EXTENSION FOR AREA VARIANCE 1-2023, Michael Rozell. Introduced by , who moved for its adoption; seconded by Extended to January 18, 2024. Duly adopted this 1311 Day of December 2023 by the following vote: AYES: NOES: Phone: 518.761.8238 1 Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net Queensbury Zoning Board of Appeals Agenda Meeting: December 13, 2023 Time: 7:00- 11:00 pm Queensbury Activities Center— 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Administrative Items: Approval of Meeting Minutes for November 15, 2023 Request to Table AV 4-2023 (Eberlein) to January 17, 2024 AV 1-2023 (Mike Rozell) request for One Year Extension NEW BUSINESS: Applicant(s) Cypress Pools Area Variance Number AV 47-2023 Owner(s) Mary Cardinale SEQRA Type Type II Age ts Nadia Wright Lot Size 0.75 acres Location & Ward 43 Wincrest Drive Ward 1 Zoning MDR Tax Id No 296.10-1-4 Section 179-3-040; 179-5-020 Cross Ref n/a Warren County Planning n/a Public Hearing December 13, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to install a pool on a corner lot where the placement is considered a front yard. The site has an existing home of 1,812 sq. ft. with a 612 sq. ft. patio/porch area that is to remain with no changes. Relief requested for pool location. Applicant(s) Margie Yarton-Higgins Sign Variance Number SV 7-2023 Owner(s) Walmart RE Business Trust SEQRA Type Unlisted Agent(s) Margie Yarton-Hi ins (MMA) Lot Size 33.27 acres Location & Ward 24 Quaker Ridge Blvd. Ward 2 Zoning CI Tax Id No 303.15-1-25.1 Section 140 Cross Ref SP 66-2023; SV 3-2019; SP 9-2019; SV 9-2017; Warren County Planning December 2023 SP 59-2017 Public Hearing December 13, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to install 7 wall signs and reface the existing 36 sq ft freestanding sign (no change in size of freestanding). The following signs are proposed with blue backing: Recycle, Grocery; Main Walmart with Spark; Vision, Home & Pharmacy; Pick Up; Outdoor. Sign Variance 3-2019 granted 7 wall signs. Proposed front sign Walmart with Spark logo is 297.62 sq ft (220 sq ft existing); Home & Pharmacy 317.53 sq ft (existing Home & Living is 31.23 sq ft); Grocery 317.44 sq ft (existing Grocery & Pharmacy is 40.80 sq ft); Pickup with arrow 40.83 sq ft (existing 38.69 sq ft); Recycle 13.47 sq ft (existing 4.84 sq ft); Vision 8.19 sq ft (existing 7.42 sq ft); Outdoor 20.67 sq ft (existing Lawn & Garden 29.14 sq ft). Previous overall square footage was 372.12 sq ft and proposed is 1,015.75 sq ft. Relief requested for number and size of signs. Applicant(s) AJ Signs Sign Variance Number SV 8-2023 Owner(s) Queensbury Realty Partners LLC SEQRA Type Unlisted Age ts WellNOW Urgent Care Lot Size 0.52 acres Location & Ward 920 State Route 9 Ward 1 Zoning CM Tax Id No 296.17-1-45 Section 140 Cross Ref AV 6-2023; SP 8-2023 Warren County Planning December 2023 Public Hearing December 13, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to install 4 wall signs of 68.18 sq ft on each side of the recently constructed WellNow building. The signs are to be internally lit with individual channel letters. The existing building of 3,516 sq ft was recently constructed and is to remain with no changes. The existing freestanding sign of 41.50 sq. ft. to remain. The parcel is a corner lot allowing two wall signs of 30 sq ft each and one freestanding sign. Relief requested for number of signs and size of signs. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Office\ZBA Monthly 2023\December 13, 2023\ZBA Final Agenda December 13, 2023.doex Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 47-2023 Project Applicant: Cypress Pools Project Location: 43 Wincrest Drive Parcel History: Old Orchard Phase II Subdivision 1965 SEQR Type: Type II Meeting Date: December 13, 2023 Description of Proposed Project: Applicant proposes to install a pool on a corner lot where the placement is considered a front yard. The site has an existing home of 1,812 sq. ft. with a 612 sq. ft. patio/porch area that is to remain with no changes. Relief requested for pool location. Relief Required: The applicant requests relief for pool location in the front yard. The project is located on a 0.74 ac parcel in the Moderate Density Residential zone. Section 179-5-020 pool The proposed pool is to be located in a front yard as the parcel is a corner lot. 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 home on the parcel and the lot shape. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested for pool in the front yard. 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 may be considered to have minimal impact on the physical or environmental conditions in the neighborhood or district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The existing home is to remain with no changes. The applicant proposes to place a pool in the front yard on Wincrest Drive they use as the backyard area. The site plan provided shows the location of the pool. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'town of Queensbuly Area Variance Resolution To: Approve / Disapprove Applicant Name: Cypress Pools (for Cardinale) File Number: AV 47-2023 Location: 43 Wincrest Drive Tax Map Number: 296.10-1-4 ZBA Meeting Date: December 13, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Cypress Pools. Applicant proposes to install a pool on a corner lot where the placement is considered a front yard. The site has an existing home of 1,812 sq. ft. with a 612 sq. ft. patio/porch area that is to remain with no changes. Relief requested for pool location: Relief Required: The applicant requests relief for pool location in the front yard. The project is located on a 0.74 ac parcel in the Moderate Density Residential zone. Section 179-5-020 pool The proposed pool is to be located in a front yard as the parcel is a corner lot. SEQR Type II — no further review required; A public hearing was advertised and held on December 13, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (pproval) / would be outweighed b denial 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; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO 'APPROVE / DENY AREA VARIANCE NO.47-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 13th Day of December 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 7-2023 Project Applicant: Margie Yarton-Higgins Project Location: 24 Quaker Ridge Blvd Parcel History: SP 66-2023; SV 3-2019; SP 9-2019; SV 9-2017; SP 59-2017 SEQR Type: Unlisted Meeting Date: December 13, 2023 Description of Proposed Project: Applicant proposes to install 7 wall signs and reface the existing 36 sq ft freestanding sign (no change in size of freestanding). The following signs are proposed with blue backing: Recycle, Grocery; Main Walmart with Spark; Vision, Home & Pharmacy; Pick Up; Outdoor. Sign Variance 3-2019 granted 7 wall signs. Proposed front sign Walmart with Spark logo is 297.62 sq ft (220 sq ft existing); Home & Pharmacy 317.53 sq ft (existing Home & Living is 31.23 sq ft); Grocery 317.44 sq ft (existing Grocery & Pharmacy is 40.80 sq ft); Pickup with arrow 40.83 sq ft (existing 38.69 sq ft); Recycle 13.47 sq ft (existing 4.84 sq ft); Vision 8.19 sq ft (existing 7.42 sq ft); Outdoor 20.67 sq ft (existing Lawn & Garden 29.14 sq ft). Previous overall square footage was 372.12 sq ft and proposed is 1,015.75 sq ft. Relief requested for number and size of signs. Relief Required: The applicant requests relief for the number and size of signs. The project site is 33.89 ac in the Commercial Intensive zone. Section 140 - Sian The signs proposed are 7 and greater in size than existing: • Front sign Walmart with Spark logo is 297.62 sq ft (220 sq ft existing); • Home & Pharmacy 317.53 sq ft (existing Home & Living is 31.23 sq ft); • Grocery 317.44 sq ft (existing Grocery & Pharmacy is 40.80 sq ft); • Pickup with arrow 40.83 sq ft (existing 38.69 sq ft); • Recycle 13.47 sq ft (existing 4.84 sq ft); • Vision 8.19 sq ft (existing 7.42 sq ft); • Outdoor 20.67 sq ft (existing Lawn & Garden 29.14 sq ft). • Previous overall square footage was 372.12 sq ft and proposed is 1,015.75 sq ft. Criteria for considering a Sign Variance according to Chapter 140 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this sign variance. Minimal to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be considered to reduce the sign size or remove the blue background proposed for three of the signs. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. 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 existing building of 156,550 sf is to remain and the approved addition of 8,202 sf is to be constructed with no changes. The project is for a new signs to advertise for the Walmart's sign brand package. The plans show the signs existing and proposed. The Quaker Walmart recently received approval for an addition that would relocate the pick-up area on the southeast side. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 rp " bivn of (yeensbuty Sign Variance Resolution To: Approve / Disapprove Applicant Name: Margie Yarton-Higgins (for Walmart) File Number: SV 7-2023 Location: 24 Quaker Ridge Boulevard Tax Map Number: 303.15-1-25.1 ZBA Meeting Date: December 13, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Margie Yarton-Higgins. Applicant proposes to install 7 wall signs and reface the existing 36 sq ft freestanding sign (no change in size of freestanding). The following signs are proposed with blue backing: Recycle, Grocery; Main Walmart with Spark; Vision, Home &Pharmacy; Pick Up; Outdoor. Sign Variance 3- 2019 granted 7 wall signs. Proposed front sign Walmart with Spark logo is 297.62 sq ft (220 sq ft existing); Home & Pharmacy 317.53 sq ft (existing Home & Living is 31.23 sq ft); Grocery 317.44 sq ft (existing Grocery & Pharmacy is 40.80 sq ft); Pickup with arrow 40.83 sq ft (existing 38.69 sq ft); Recycle 13.47 sq ft (existing 4.84 sq ft); Vision 8.19 sq ft (existing 7.42 sq ft); Outdoor 20.67 sq ft (existing Lawn & Garden 29.14 sq ft). Previous overall square footage was 372.12 sq ft and proposed is 1,015.75 sq ft. Relief requested for number and size of signs. Relief Required: The applicant requests relief for the number and size of signs. The project site is 33.89 ac in the Commercial Intensive zone. Section 140 --Sign The signs proposed are 7 and greater in size than existing: • Front sign Walmart with Spark logo is 297.62 sq ft (220 sq ft existing); • Home & Pharmacy 317.53 sq ft (existing Home & Living is 31.23 sq ft); • Grocery 317.44 sq ft (existing Grocery & Pharmacy is 40.80 sq ft); • Pickup with arrow 40.83 sq ft (existing 38.69 sq ft); • Recycle 13.47 sq ft (existing 4.84 sq ft); • Vision 8.19 sq ft (existing 7.42 sq ft); • Outdoor 20.67 sq ft (existing Lawn & Garden 29.14 sq ft). • Previous overall square footage was 372.12 sq ft and proposed is 1,015.75 sq ft. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 7-2023. Applicant Name: Margie Yarton-Higgins based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 13t" Day of December 2023, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, December 13, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: 1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE ` 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by (denial) 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; 8. The Board also proposes the following conditions: a) b) Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the following A through E): A. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; B. If the property is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA's review is completed; C. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & codes personnel' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Based on the above findings I make a MOTION TO APPROVE / DENY Sign Variance 7-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 131' Day of December 2023, by the following vote: AYES: NOES: Sign Variance No.: Project Applicant: Project Location: Parcel History: SEQR Type: Meeting Date: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes 8-2023 AJ Signs 920 State Route 9 AV 6-2023; SP 8-2023 Unlisted December 13, 2023 Description of Proposed Project] - Applicant proposes to install 4 wall signs of 68.18 sq ft on each side of the recently constructed WellNow building. The signs are to be internally lit with individual channel letters. The existing building of 3,516 sq ft was recently constructed and is to remain with no changes. The existing freestanding sign of 41.50 sq. ft. to remain. The parcel is a corner lot allowing two wall signs of 30 sq ft each and one freestanding sign. Relief requested for number of signs and size of signs. Relief Required: The applicant requests relief for the number and size of signs. The project site is 0.516 ac and is located in the Commercial Intensive Zone Section 140 —Signs Proposed are four wall signs of 68.18 sf each where two wall signs of 30 sf are allowed. Criteria for considering a Sign Variance according to Chapter 140 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this sign variance. Minimal to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be considered to reduce the number of walls signs. The existing freestanding sign can be seen north and south of Route 9. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. Relief is requested for four wall signs where only two are allowed. Size of wall sign of 38.18 sf in excess of allowed size. 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 or district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The existing building of 3,516 sf recently constructed is to remain with no changes. The applicant proposes to install the Wellnow brand signage package to a new health services building. The plans show the location of the wall signs on the site. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 -16m) of Quucensbui7 Sign Variance Resolution To: Approve / Disapprove Applicant Name: AJ Signs (for WellNow) File Number: SV 8-2023 Location: 920 State Route 9 Tax Map Number: 296.17-1-45 ZBA Meeting Date: December 13, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from AJ Signs. Applicant proposes to install 4 wall signs of 68.18 sq ft on each side of the recently constructed WellNow building. The signs are to be internally lit with individual channel letters. The existing building of 3,516 sq ft was recently constructed and is to remain with no changes. The existing freestanding sign of 41.50 sq. ft. to remain. The parcel is a corner lot allowing two wall signs of 30 sq ft each and one freestanding sign. Relief requested for number of signs and size of signs. Relief Required: The applicant requests relief for the number and size of signs. The project site is 0.516 ac and is located in the Commercial Intensive Zone Section 140 —Signs Proposed are four wall signs of 68.18 sf each where two wall signs of 30 sf are allowed. SEQR Type: Unlisted [Resolution / Action Required for SEQRJ Motion regarding Sign Variance No. 8-2023. Applicant Name: AJ Signs based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 13th Day of December 2023, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, December 13, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF: 1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by (denial) 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; 8. The Board also proposes the following conditions: a) b) , Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the following A through E): A. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; B. If the property is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). ,The applicant is cautioned against taking any action until the APA's review is completed; C. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & codes personnel' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Based on the above findings I make a MOTION TO APPROVE / DENY Sign Variance 8-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 131h Day of December 2023, by the following vote: AYES: NOES: