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: