Staff Notes Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 58-2013
Project Applicant: Swordfish Realty
Project Location: 2999 State Route 9L
Meeting Date: November 20, 2013
Description of Proposed Project:I
Applicant proposes to demolish existing pole barn and construct a 40 ft. x 60 ft. accessory structure to be
used for equipment storage downstairs and office space upstairs.
Relief Required:
Parcel will require variance relief from the Zoning Code section 179-3-040, 179-5-020
Height
Required 16 feet
Proposed 28 feet
Relief 12 feet
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 as any new
structure constructed on the site that is not part of the main facility would require a variance for height
3. Whether the requested area variance is substantial. The relief requested may be considered
minimal 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. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
Page 1 of 3
Parcel History (construction/site plan/variance, etc.):
SP 55-13: Pending
2013-148
Comm alteration-entrance to laundry room
BP 2013-072
CO Only-new owner, Swordfish Realty,LLC
BP 2010-548
SEPTIC ALTERATION COMMERCIAL
BP 2007-369
450 sq ft residential alteration
BP 2007-095
DUNHAM'S BAY RESORT: conversion of third floor storage area into a one bedroom suite
BP 2007-093
CABIN#6 DUNHAM'S BAY RESORT: 1296 sq ft commercial alteration conversion of two hotel units into one
BP 2007-091
CABIN#5 DUNHAM'S BAY RESORT: 1296 sq ft commercial alteration conversion of two hotel units into one
BP 2007-090
CABIN#4 DUNHAM'S BAY RESORT: 1296 SQ FT COMMERCIAL ALTERATION CONVERSION OF TWO HOTEL
UNITS INTO ONE
BP 2007-089
CABIN#3 DUNHAM'S BAY RESORT: 1296 sq ft commercial alteration conversion of two hotel units into one
BP 2007-088
CABIN#2 DUNHAM'S BAY RESORT: 1296 SQ FT COMMERCIAL ALTERATION CONVERSION OF TWO HOTEL
UNITS INTO ONE
BP 2007-087
CABIN#1 Dunham's Bay Resort: 1296 sq ft commercial alteration conversion of two hotel units into one
BP 2002-369 THE CHASE HOUSE RESTAURANT&LOUNGE
20 SQ FT WALL SIGN AS PER PLOT PLAN SPECIFICATIONS
BP(Sign Permit)2001-645
TEMPORARY SIGN AS PER APPLICATION
EXPIRES 9/19/2001
BP(Sign Permit)2000-692
16 SQ FT TEMPORARY SIGN AS PER APPLICATION
Page 2 of 3
Zoning Board of Appeals
Community Development Department Staff Notes
PARCEL HISTORY CONTINUED:
SP 65-2012 Capital Region Properties
Applicant proposes a modification to a previously approved site plan for a new stormater management system for the outside
banquet patio. Modification to an approved site plan requires Planning Board review and approval.
SP 34-2010 CAP.REGION PROPERTIES
Applicant proposes a 5,650 sq. ft.outside patio banquet area with covered bar,seating and seasonal tent. Project to include
stormwater controls and landscaping commercial expansion. Commercial Expansion in the RR zone requires Planning Board
review and approval.
Use Variance No.23-2008 Alan Goldstein
d/b/a Dunham's Bay Resort
Applicant proposes construction of ground level patio and deck onto existing restaurant for additional outdoor dining.
Expansion of a nonconforming use requires a Use Variance.
Notice of Appeal No.2-2008 Capital Region Properties,LLC d/b/a Dunham's Bay Resort
Appellant is appealing a November 29,2006 Zoning Administrator determination regarding the expansion of a nonconforming
use.
Staff comments:
The applicant proposes to remove an existing maintenance building to construct a new maintenance
building with a second story area for office space. The project includes additional parking for the building
a septic system, and stormwater control measures for the project area. The plans show the location of the
existing and proposed structure, elevations, and site details. The new building is to be 28 ft in height
where the first floor is designed to accommodate the storage, maintenance area for equipment and
materials for site operations; the second floor is to be used for office space also to assist with site
operations. The applicant has indicated allowing for a two story structure would have less impact on the
site than construction of two separate accessory structures for the office and maintenance building. The
project is also subject to site plan review for site improvements in the waterfront zone.
SEQR Status:
Type II—no further review required.
Page 3 of 3
Zoning Board of Appeals
Community Development Department Staff Notes
Nov13-03
Warren County Planning Department
Project Review and Referral Form
Reviewed by Department on November 12, 2013
Project Name: Swordfish Realty, LLC
Owner: Swordfish Realty, LLC
ID Number: QBY-13-AV-58
County Project#: Nov13-03
Current Zoning: WR
Community: Queensbury
Project Description:
Applicant is proposing to demolish existing pole barn and construct a 40 ft by 60 ft accessory structure to be used for
equipment storage downstairs and office space upstairs. Relief requested from maximum height restriction of 16 ft
applicant proposes height of 28 ft.
Site Location:
2999 State Route 9L
Tax Map Number(s):
252.00-1-75.1
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:
NCI
Local Action:/Final Disposition:
(.!4/.74. f .4 Ai er id-14-4../�347(3
Warreigi County Planning Department Date 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 SAMPLE SCRIPT—AREA VARIANCE
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 SAMPLE SCRIPT—NOTICE OF APPEAL
Board member can state the following three (3) 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 1-3;
3. Based on our responses to Items 1-3; we will make a motion to approve / disapprove;
ZONING BOARD OF APPEALS SAMPLE SCRIPT—PUBLIC UTILITY USE
VARIANCE
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 1-4;
3. Based on our responses to Items 1-4; 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
RESOLUTION TO APPROVE / DISAPPROVE AREA VARIANCE NO. 58-2013, SWORDFISH REALTY, LLC
2999 STATE ROUTE 91, TAX MAP ID 252.00-1-75.1
Steven Jackoski, Chairman Roy Urrico, Secretary
iz---7------ DRAF7,
TO: Swordfish Realty, LLC PROJECT FOR: Swordfish Realty, LLC
2999 State Route 9L 2999 State Route 9L
Queensbury, NY 12804 ZBA Meeting Date: Wed., November 20, 2013
The Zoning Board of Appeals of the Town of Queensbury has received an application from Swordfish
Realty, LLC for a variance from Section(s): 179-3-040; 179-5-020 of the Zoning Code of The Town of
Queensbury in order to demolish existing pole barn and construct a 40 ft. by 60 ff. accessory structure to
be used for equipment storage downstairs and office space upstairs. Relief requested from maximum
height restriction of 16 ft. for the WR zoning district; applicant proposes height of 28 ff.
SEQR Type II-no further review required;
A public hearing was advertised and held on November 20, 2013;
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:
<Insert responses to 1-7>
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?
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant
to pursue, other than an area variance?
3. Is the requested area variance substantial?
4. Will the proposed area variance have an adverse impact on the physical or environmental
conditions in the neighborhood or district?
5. Is the alleged difficulty self-created?
6. 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;
Page 1 of 2 DRAFT.
FT
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.)
I
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ZBA Decision Resolution (continued) R h
Rot r
ZBA Meeting Date: Wednesday, November 20, 2013
Area Variance Application No. 58-2013
7. 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. 58-2013,
Swordfish Realty, LLC, Introduced by ,who moved for its adoption, seconded by
As per the resolution prepared by staff with the following:
A. <insert conditions >
B. <insert conditions>
C. 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;
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 20th day of November 2013, by the following vote:
AYES:
NOES:
Steven Jackoski, Chairman
Queensbury Zoning Board of Appeals
DRAFT-
SJ/sh
cc: J. Lapper, Esq. BPSR
T. Hutchins, Hutchins Engineering
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.)