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Staff Notes AV 35-2012 Blue Moose Tavern / Daniel & Ellen Nichols ZBA Meeting Date: Wed., October 23, 2013 The Board may wish to Deny without Prejudice. See attached ZBA Resolution of August 21, 2013. 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: Blue Moose Tavern PROJECT FOR: Blue Moose Tavern/Daniel & Ellen Nichols Daniel & Ellen Nichols 8 Glen Lake Road & 1300 State Route 9 3813 Lake Shore Drive Diamond Point, NY 12824 The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Area Variance No. 35-2012 Blue Moose Tavern/Daniel & Ellen Nichols Meeting Date: Wednesday, August 21, 2013 Tabled X MOTION TO TABLE AREA VARIANCE NO. 35-2012 BLUE MOOSE TAVERN DANIEL & ELLEN NICHOLS, Introduced by Joyce Hunt who moved for its adoption, seconded by John Henkel: To the October 23, 2013 Zoning Board of Appeals meeting. This is the last time it will be tabled. Duly adopted this 21nd day of August, 2013, by the following vote: AYES: Mr. Urrico, Mr. Freer, Mr. Kuhl, Mr. Henkel, Mrs. Hunt, Mr. Jackoski NOES: Mr. Garrand Sincerely, Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh Cc: J. Lapper, Esq. & S. Bitter, Esq. BPSR 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 SAMPLE SCRIPT Board member can state the following four(4) items to begin the motion: 1. As per the resolution prepared by staff; therefore it will not be necessary to repeat the project description or the code section; 2. We will provide responses to items 1-7; 3. Based on our responses to Items 1-7; we will make a motion to approve / disapprove; 4. We will add specific conditions or state that there are no conditions other than the "boilerplate conditions" C through F (if a condition of approval is discussed throughout the meeting but is not inserted into the approving resolution it doesn't exist) 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: Blue Moose Tavern PROJECT FOR: Blue Moose Tavern/Daniel & Ellen Nichols Daniel & Ellen Nichols 8 Glen Lake Road & 1300 State Route 9 3813 Lake Shore Drive Area Variance No. 35-2012 Diamond Point, NY 12824 ZBA Meeting Date: Wednesday, October 23, 2013 RESOLUTION TO: Approve / Disapprove , Area Variance No. 35-2012, Blue Moose Tavern / Daniel & Ellen Nichols, 8 Glen Lake Road & 1300 State Route 9, Tax Map No. 288.20-1-18 and 19; The Zoning Board of Appeals of the Town of Queensbury has received an application from Blue Moose Tavern / Daniel & Ellen Nichols for a variance from Section(s): 179-3-040 of the Zoning Code of The Town of Queensbury in order to construct a 400 sq. ft. dining room expansion to existing 3,465 sq. ft. restaurant as well as 2,500 sq.ft. expansion to existing deck to include new bathrooms and bar. Further, construction of a 4,500 sq. ft. retail building and 10,770 sq. ft. banquet facility with 4 guest suites on second floor is proposed. Relief requested from the minimum front yard setback, Travel Corridor Overlay and maximum height restrictions requirements of the CI zone. Further, relief requested for the expansion of a nonconforming structure. SEQR Type II-no further review required; A public hearing was advertised and held on August 22, 2012 and left open 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 area variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an area variance? INSERT RESPONSE 3. Is the requested area variance substantial? INSERT RESPONSE 4. Will the proposed area 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 Page 1 of 2 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 ppeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ZBA Decision Resolution (continued) ZBA Meeting Date: Wed., October 23, 2013 Area Variance Application No. 35-2012 In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh /would be outweighed by the resulting detriment to the health, safety and welfare of the neighborhood or community; The Board also finds that the variance request under consideration is the minimum necessary; Based on the above findings I make a MOTION TO APPROVE/ DENY Area Variance No. 35-2012, Blue Moose Tavern / Daniel and Ellen Nichols, Introduced by ,who moved for its adoption, seconded by : As per the resolution prepared by staff with the following: A. <insert conditions / comments>: B. 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; C. 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; D. 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' E. Subsequent issuance of further permits, including building permits are dependent on receipt of these final plans; F. Upon approval of the application; 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, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Duly adopted this 23rd day of October 2013, by the following vote: AYES: NOES: Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh cc: J. Lapper, Esq. & S. Bitter, Esq. BPSR Page 2 of 2 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.)