Staff Notes.09.24.13 Town of Queensbury
Planning Board
Community Development Department Staff Notes
September 17, 2013 & September 24, 2013
Application: SP 40 -2013 /AV 39-2013 SEQRA Type II
Applicant: Stewarts Shops Referrals: Town Engineer review: 9-12-13
Location: 402 Bay Road
Zoning: CI-Commercial Intensive
REQUESTED ACTION: Site Plan review for the removal of an existing gas canopy and
construction of a new canopy of 2,300 sq ft and associated site work
where modifications to an approved site plan require planning board
review and approval.
PARCEL HISTORY: AV 39-13: 9/18
SP 36-13: Addition 7-24-13
SP 10-11: 4' x 15' exterior storage area 2-22-11
BP 99-255: Commercial alterations 10-22-99
Sign Permits: 6 sign permits from 1999 to 2013
PROJECT DESCRIPTION: Site Plan: Applicant proposes removal of existing gas canopy and
replacement with a 46 x 50 sq. ft. canopy with an increase from 2 pumps to 4 pumps. Activity includes an
increase in paved area around the canopy and relocation of one planting bed. Site improvements in a CI zone
require Planning Board review and approval. Variance: Relief granted from front yard setback, travel
corridor, and permeability requirements. Planning Board shall make a recommendation to the ZBA.
MATERIAL REVIEW:
S-1: Site Plan
S-2: Proposed site plan
S-3: Grading Plan
S-4: Landscape Plan
A-1: Canopy details
STAFF COMMENTS:
The applicant proposes to remove an existing canopy with two gas pumps to install a 2,300 sq. ft. canopy with 4
pumps. The new canopy will increase the impermeable pavement and relocate an existing flower bed closer to
the corner of Bay and Cronin Road. The height of the canopy is to be 14 ft. 6 in from the canopy bottom to the
ground. The canopy will not be backlit and lighting underneath the canopy will be about 8 recessed code
compliant fixtures. The existing flower bed will be relocated to be closer to the corner of Bay and Cronin Road.
The sign within the flower bed will remain and is not moving. The plans also show a new bike rack to be
situated on the Bay Road side. The site plan also includes the proposed addition that was approved as SP 36-13.
The exterior of the building has a new entry door and the outdoor eating tables have been located to each corner
side of the building.
NATURE OF AREA VARIANCE
The installation of the new canopy was granted setback and permeability relief.
SUMMARY
The applicant has completed a site plan application for the removal of an existing gas canopy to construct a new
canopy. The Zoning Board requested that additional landscaping be installed under the guidance of the
planning board as well the applicant to install LED and recessed lighting on the site. The board may consider
discussing landscaping and lighting with the applicant.
APPLICATION PROTOCOL:
9/17/2013 PB Recommendation to ZBA-completed
9/18/2013 ZBA review—see ZBA resolution
9/24/2013 PB review
- 2 -
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09/16/2013 09:41 I
TAX) P.002/012
Warren County Planning Department Sep13-II
Project Review and Referral Form
Reviewed by Department on September 13, 2013
Project Name: Stewarts Shop Corp.
Owner: Stewarts Shop Corp.
ID Number: QBY-13-SPR-40
County Project#: Sep13-11
Current Zoning: CI
Community: Queensbury
Project Description:
Applicant proposes removal of existing pas canopy and replacement with a 46'X 50'(2,300 sq ft)canopy with an
increase from 2 pumps to 4 pumps, Activity Includes an Increase in paved area around the canopy and relocation of one
planting bed.
Site Location:
402 Bay Road
Tax Map Number(s):
286.16-1-16.3
Staff Notes:
The issues here appear to be of a local nature Involving local issues. Staff recommends no county Impact based on the
information submitted according to the suggested review criteria of NYS General Municipal Law Section 239 L applied to
the proposed project.
Local actions to date(if any):
County Planning Department:
NC I
Local A.ction:/Fina!Disposition:
/J Ec4JW
War County Planning Department Dale Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Steven Jackoski, Chairman Roy Urrico, Secretary
TO: Stewart's Shops Corp. PROJECT FOR: Stewart's Shops Corp.
PO Box 435 402 Bay Road
Saratoga Springs, NY 12866 Tax Map No. 296.16-1-16.3
Attn: Jennifer Howard
The Queensbury Zoning Board of Appeals has reviewed the following request at the below
stated meeting and has resolved as follows with regard to:
Area Variance Application No. 39-2013 Stewart's Shops Corp.
Meeting Date: Wednesday, September 18, 2013
MOTION TO APPROVE AREA VARIANCE NO. 39-2013 Stewart's Shops Corp., Introduced by
Richard Garrand BOARD MEMBER who moved for its adoption, seconded by Joyce Hunt
BOARD MEMBER:
Whereas the Zoning Board of Appeals of the Town of Queensbury has received an application
from Stewart's Shops Corp. for a variance from Section(s) 179-3-040; 179-4-030 of the Zoning
Code of The Town of Queensbury in order to remove existing gas island canopy and replace
with a 46 ft. by 50 ft. canopy with an increase from 2 gasoline pumps to 4 gasoline pumps.
Relief requested from front yard setback, travel corridor, and permeability requirements.
Upon review of the application materials, SEQR was a Type II and 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 area
variance? it is our finding that: We do not believe that it will be a detriment to nearby
properties.
2) Can the benefit sought by the applicant be achieved by some method, feasible for the
applicant to pursue, other than an area variance? It is our finding that: We don't see
how any other design can achieve what the applicant is trying to achieve here.
Page 1 of 3
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ZBA Decision Resolution (continued)
ZBA Meeting Date: Wednesday, September 18, 2013
Area Variance Application No. 39-2013 Stewart's Shops Corp.
3) Is the requested area variance substantial? It is our finding that: The setback relief may
be deemed substantial. The permeability relief might be deemed moderate.
4) Will the proposed area variance have an adverse impact on the physical or
environmental conditions in the neighborhood or district? It is our finding that: It will not
have an adverse environmental impact.
5) Is the alleged difficulty self-created? (which consideration shall be relevant to the
decision of the Board of Appeals, but shall not necessarily preclude the granting of the
area variance) It is our finding that: I don't believe it's self-created. The lot size is the
biggest limitation of any type of expansion with this property here.
Based on the above findings, I move that this Board Approve Area Variance No. 39-2013
Stewart's Shop Corp. with the following conditions: We would direct the Planning Board to find
ways to mitigate the decrease in permeability on this project by exploring some landscape
options. The applicant has agreed to the lighting as specified by Mr. Jackoski, LED and
recessed lighting on the entire site.
Duly adopted this 181h day of September, 2013, by the following vote:
AYES: Mr. Freer, Mr. Henkel, Mr. Urrico, Mrs. Hunt, Mr. Garrand, Mr. Jackoski
NOES: NONE
Steven Jackoski, Chairman
Queensbury Zoning Board of Appeals
IMPORTANT NOTES TO APPLICANT:
If approved, and 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 in reliance on the variance until the APA's review is completed.
Page 2 of 3.
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ZBA Decision Resolution (continued)
ZBA Meeting Date: Wednesday, September 18, 2013
Area Variance Application No. 39-2013 Stewart's Shops Corp.
A variance approval is valid for one (1) year from the date of approval. See section 179-14-090.
The applicant may request an extension of approval BEFORE the one (1) year time limit has
expired. An approval cannot be extended following expiration.
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. Subsequent issuance of further permits, including building permits
are dependent on receipt of these final plans. Upon approval of the application and review and
approval of final plans by the Community Development Department, the applicant can apply
for a Building Permit unless the proposed project requires review and an approval or permit from
the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission
or other State agency or department.
Page 3 of 3
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)
it" TOWN OF QUEENSBURY
V1 742 Bay Road, Queensbury, NY. 12804-5902
Town of Queensbury Planning Board
RESOLUTION TO APPRbVE I DISAPPROVE SITE PLAN 40-2013
STEWARTS SHOPS CORP.
TAX MAP ID 296.16-1-16.3; 402 BAY ROAD
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A site plan application has been made to the Queensbury Planning Board for 'allgwing: Applicant
proposes removal of existing gas canopy and replacement with a 46' x 50' (2.;....,I I sq. ft.) canopy with an
increase from 2 pumps to 4 pumps. Activity includes an increase in paved;'`y �,around the canopy and
relocation of one planting bed. Site improvements in a CI zone require Planning Bd: eview and approval.
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PB made a recommendation to the ZBA on 9-17-2013;the ZBA ap�iroved/dnied the vt : _, requests on 9-
18-2013; ti• � -
SEQR Type II—no further review required; .s,`. F:\ w., .., ,�
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A public hearing was advertised and held on 9-24-2013• y� �"k .
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This application is supported with all documentation,public comment, and pplication material in the file of
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MOTION TO APPROVE/ DISAPPROVE SITF�,PLA4A13 FOR S `ARTS, Introduced by
who moved for its adoption, seconded by : ,�,` : :'• ,
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1) Pursuant to relevant sectio.ROMKown of Queens i Zoning Co hapter 179-9-080, the Planning
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Board has determined tl�la � is prat satisfies the requirements as stated in the Zoning Code;
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2) Engineering sign-off r ,, ; prior tagnature of Zonin' Ldministrator of the approved plans;
3) Final approved •lans, in ;,."":„.t)-2. -de:::,.`"': % tc-.\clan, must be submitted to the Community
Developn t1D `o:+��w- t befo ',- further r' the Zoning Administrator or Building and Codes
person,' -
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4) Thu.,, ei,'cant must meet s .a.`'staff afta'•.� a�roval and prior to issuance of Building Permit and/or the
begiiui�E': any site work;
5) Subsequen :,,. UQnce of further.: rmits, including building permits is dependent on compliance with this
and all other cO nns of this resolution;
6) As-built plans to ce t ,aid the site plan is developed according to the approved plans to be provided
prior to issuance of the = ificate of occupancy.
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Duly adopted this 24th day of September 2013 by the following vote:
AYES:
NOES: