02-28-2018 02/28/2018)
QUEENSBURY ZONING BOARD OF APPEALS
SECOND REGULAR MEETING
FEBRUARY 28, 2018
INDEX
Area Variance Z-AV-10-2018 Scott Johnson 1.
Tax Map No. 239.19-1-13.2
Area Variance Z-AV-8-2018 Seavey Family Trust 3.
Tax Map No. 289.11-1-27
Area Variance Z-AV-13-2018 William & Bonnie Thomas 6.
Tax Map No. 289.10-1-35; 289.10-1-36
Area Variance Z-AV-12-2018 Judkins Family Trust 8.
Tax Map No. 289.10-1-36, 289.10-1-35
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND
STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES
(IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES.
QUEENSBURY ZONING BOARD OF APPEALS
SECOND REGULAR MEETING
02/28/2018)
FEBRUARY 28, 2018
7:00 P.M.
MEMBERS PRESENT
HARRISON FREER, CHAIRMAN
MICHAEL MC CABE, VICE CHAIRMAN
ROY URRICO, SECRETARY
JAMES UNDERWOOD
JOHN HENKEL
MICHELLE HAYWARD
BRENT MC DEVITT, ALTERNATE
MEMBERS ABSENT
RONALD KUHL
DUE TO PROBLEMS DOWNLOADING THE RECORDING OF THE ZONING BOARD
MEETING OF FEBRUARY 28, 2018, THE MEETING MINUTES WERE LOST. THE
FOLLOWING IS A SUMMARY OF THE MEETING, INCLUDING LAURA MOORE'S, LAND
USE PLANNER, DEBRIEFING NOTES FROM THE MEETING, NOTES TAKEN BY SUE
HEMINGWAY, STENOGRAPHER AT MEETING, AND SUMMARY OF THE RESOLUTIONS
FROM THE MEETING.
NEW BUSINESS:
AREA VARIANCE Z-AV-10-2018 SEQRA TYPE II SCOTT JOHNSON OWNER(S)
SCOTT JOHNSON ZONING RR-5A/LC-10A LOCATION 3213 STATE ROUTE 9L
APPLICANT PROPOSES CONSTRUCTION OF RESIDENTIAL ADDITIONS; 1.) 276 SQ. FT.
RESIDENTIAL ADDITION, 2.) 375 SQ. FT. SCREEN PORCH, 3.) 372 SQ. FT. OPEN DECK,
AND 4.) 75 SQ. FT. REPLACEMENT COVERED PORCH AND ENTRY AREA. THE
PROJECT INCLUDES REMOVAL OF EXISTING DECK AREA. RELIEF REQUESTED
FROM MINIMUM SETBACK REQUIREMENTS. CROSS REF N/A WARREN COUNTY
PLANNING FEBRUARY 2018 ADIRONDACK PARK AGENCY ALD LOT SIZE 5
ACRE(S) TAX MAP NO. 239.19-1-13.2 SECTION 179-3-040
LYNN JOHNSON, PRESENT
STAFFINPUT
Notes from Staff, Area Variance Z-AV-10-2018, Scott Johnson, Meeting Date: February 28,
2018 "Project Location: 3213 State Route 9L Description of Proposed Project: Applicant
proposes construction of residential additions; 1.) 276 sq. ft. residential addition, 2.) 375 sq. ft.
screen porch, 3.) 372 sq. ft. open deck, and 4.) 75 sq. ft. replacement covered porch and entry
area. The project includes removal of existing deck area. Relief requested from minimum
setback requirements.
Relief Required:
The applicant requests relief from minimum setback requirements. (The parcel is split zone
RRSA and LC10A where the home is located within the RRSA zone)
Section 179-3-040 establishment of districts-dimensional requirements —rural residential 5A
zone
The applicant proposes residential additions to an existing home where the setback to the
addition on the west side is to be 39.3 ft. and on the east side is to be 5.6 ft. where a 75 ft.
setback is required.
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.
02/28/2018)
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 existing lot configuration and house location. A variance may be
required for any addition to the home due to the setback requirements of the RR-5A zone
being 75 ft.
3. Whether the requested area variance is substantial. The relief may be considered
substantial relevant to the code. The relief on the west setback is 35.7 ft. and on the east
side is 69.4 ft.
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
will have minimal impact to the neighborhood.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-
created.
Staff comments:
The applicant proposes a 276 sq. ft. residential addition on the east rear side of the home, to
update a 375 sq. ft. screen porch and 372 sq. ft. open deck, then redo a 75 sq. ft. replacement
covered porch and entry area. The plans show the details of each addition and the location to
the home."
SUMMARY OF SUE HEMINGWAY'S NOTES:
Lynn Johnson introduced herself and stated that if the Board had any questions she couldn't
answer that she would step outside and make a phone call to her husband in order to try to
answer any questions. Mr. Freer asked the Board if they had any questions. No questions
were asked.
PUBLIC HEARING OPENED
LONNIE CHASE
Lives next door to west of property— had no problem with variance
PUBLIC HEARING CLOSED
POLL VOTE:
Michael McCabe: Stated that the property is private and he would approve the project as
presented.
Brent McDevitt: Stated that the property is well off the main road — way up there; that there
are only minor changes to the home and that he would approve the project.
Roy Urrico: Stated that he would approve the project.
John Henkel: Stated that he would approve the project as well.
James Underwood: Stated that the lot is very narrow, it's an old home, old lot and set well off
the road. Mr. Underwood added that he would approve the project.
Michelle Hayward: Stated that she would approve the project.
Harrison Freer: Stated that he would approve the project.
RESOLUTION:
The Zoning Board of Appeals of the Town of Queensbury has received an application from
Scott Johnson. Applicant proposes construction of residential additions; 1.) 276 sq. ft.
residential addition, 2.) 375 sq. ft. screen porch, 3.) 372 sq. ft. open deck, and 4.) 75 sq. ft.
replacement covered porch and entry area. The project includes removal of existing deck area.
Relief requested from minimum setback requirements.
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02/28/2018)
Relief Required:
The applicant requests relief from minimum setback requirements. (The parcel is split zone
RRSA and LC10A where the home is located within the RRSA zone)
Section 179-3-040 establishment of districts-dimensional requirements —rural residential 5A
zone
The applicant proposes residential additions to an existing home where the setback to the
addition on the west side is to be 39.3 ft. and on the east side is to be 5.6 ft. where a 75 ft.
setback is required.
SEQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, February 28, 2018;
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:
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE
Z-AV-10-2018, SCOTT JOHNSON, Introduced by Michael McCabe, who moved for its
adoption, seconded by John Henkel:
Duly adopted this 28th day of February 2018 by the following vote:
AYES: Mr. McDevitt, Mr. Urrico, Mr. Underwood, Mrs. Hayward, Mr. McCabe, Mr. Henkel, Mr.
Freer
NOES: NONE
ABSENT: Mr. Kuhl
AREA VARIANCE Z-AV-8-2018 SEQRA TYPE II SEAVEY FAMILY TRUST AGENT(S)
MICHAEL J. O'CONNOR, ESQ. OWNER(S) ESTATE OF BARBARA C. BARRY ZONING
WR LOCATION 3 GLEN HALL DRIVE APPLICANT PROPOSES CONSTRUCTION OF A
2-BEDROOM HOME; 1,020 SQ. FT. (FOOTPRINT); 2,065 SQ. FT. (FLOOR AREA).
PROJECT INCLUDES SITE WORK, TERRACED RETAINING WALLS WITH A WALKWAY
TO THE NEW HOME. RELIEF REQUESTED FROM MINIMUM SETBACK REQUIREMENTS,
PERMEABILITY, FLOOR AREA, AND HEIGHT RESTRICTIONS. PLANNING BOARD: SITE
PLAN REVIEW REQUIRED FOR HARD SURFACING WITHIN 50 FT. AND FOR A PROJECT
WITHIN 50 FT. OF A 15% SLOPE. CROSS REF P-SP-14-2018; BP 2006-753 DEMOLITION
OF CABIN WARREN COUNTY PLANNING N/A LOT SIZE 0.21 ACRE(S) TAX MAP
NO. 289.11-1-27 SECTION 179-3-040; 170-4-050; 179-13-010
MICHAEL O'CONNOR & TOM NACE, REPRESENTING APPLICANT, PRESENT
STAFFINPUT
Notes from Staff, Area Variance Z-AV-8-2018, Seavey Family Trust, Meeting Date: February
28, 2018 "Project Location: 3 Glen Hall Drive Description of Proposed Project: Applicant
proposes construction of a 2-bedroom home; 1,020 sq. ft. (footprint); 2,065 sq. ft. (floor area).
Project includes site work, terraced retaining walls with a walkway to the new home. Relief
requested from minimum setback requirements, permeability, floor area, and height restrictions.
Relief Required:
The applicant requests relief from minimum setback requirements, permeability, floor area, and
height restrictions.
Section 179-3-040 establishment of districts-dimensional requirements —waterfront residential
The applicant proposes construction of a 2-bedroom home. The home is to be 22 ft. from the
shoreline where a 50 ft. setback is required and 9 ft. on each side where a 12 ft. setback is
required. The home is to be 29.45 ft. in height where a 28 ft. height maximum is allowed. The
site permeability is to be 65.5 % where 75% is required and the floor area is proposed to be
2,065 sq. ft. where 2,061 sq. ft. is the maximum allowed.
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02/28/2018)
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 character 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 available to construct the home in a compliant location.
3. Whether the requested area variance is substantial. The relief requested may be
considered substantial relevant to the code. Relief is requested for shoreline setback of 28
ft., side setbacks 3 ft. each side, height of 1.45 ft. taller than allowed, permeability of 9.5%
and floor area of 4 sq. ft. more than allowed.
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. The project
includes stormwater management for the site and a new waste water system.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-
created.
Staff comments:
The applicant proposes to construct a new home and associated site work on a vacant parcel.
The plans show the grading for most of the site with new retaining walls and terraced lawn
areas to the proposed home. The applicant has indicated the house location is due to the
neighboring homes and the site view of the lake from the proposed home —moving the home to
a compliant location may limit site views due to the locations of the existing homes. The plans
show the location of the home, elevations, and floor plans.
The Planning Board noted during the recommendation additional planting information will be
reviewed during site plan as the applicant had indicated they would review trees to be removed
and a planting plan and to provide the information to the planning board for review..."
SUMMARY OF SUE HEMINGWAY'S NOTES:
Mr. Underwood expressed concern about the project's plan to remove the mature trees on the
shoreline and asked why this was part of the proposed project.
Mr. Henkel expressed his concern as well for the taking down of the mature trees and its effect
on the shoreline integrity. Also, he believed that the homeowners would have full enjoyment of
the lake by sitting on the proposed deck which would be close to the lake; not taking down any
of the mature trees.
Mr. O'Connor, Esq. stated that the Planning Board had the same concerns, however, the
homeowners would not be able to have full view of the lake from inside of the house during the
off season if the trees were to remain; you don't sit on the deck in the winter.
Mr. O'Connor, Esq. stated that the lot is 50 ft. wide, assessed at $150,000 and is a buildable lot
for a single-family home. The proposed home would have a 9 ft. side setback. He talked about
the holding tanks proposed for the lot; they will be upgraded holding tanks which will have travel
tops on them. The travel tops allow 2 cars to be parked on them. One of the holding tanks
require a couple of trees to come down in order to have 2 cars parked side by side. The work
will not impact the Gansle's driveway.
Mr. O'Connor, Esq. stated the proposed deck size would be 12 ft. (towards the lake) by 26 ft.
wide and that permeable pavers would be installed under the deck.
PUBLIC HEARING OPENED
BOB GANSLE — Lives next door, 5 Glen Hall Drive — Stated that their proposed "den room"
would overlook in his bedroom as the house would be at a higher elevation than his home. He
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02/28/2018)
also stated his concern about the "den room" being later converted to a bedroom and the
possible effect to the septic system usage. He was not in favor of any variances for the new
proposed home. He said it's too big of a house; a mansion, and disagrees that the house will
not change the character of the neighborhood.
RICHARD BURKE — Lives on the opposite side of Gansle — Comments: It's a difficult lot, but it
will be too close to my house.
PATRICIA BURKE — Comments: Stated that she believes they could push the house farther
back on the lot. She said the 2-story home proposed would be too close to both of the one-
story homes on either side.
POLL VOTE:
Michael McCabe: Stated that the number of variances too much to ask for being that this was a
new house. He stated that he would not vote for the project.
Brent McDevitt: Stated that he would not vote for the project as the proposed home is
oversized for the lot size.
Roy Urrico: Stated that he would not vote for the project because there is wiggle room to
reduce the size of the house and move it back on the lot.
John Henkel: Stated that he would not vote for the project as there is no support from the
neighbors. He would vote no for relief of Floor Area Ratio, permeability, and setbacks.
James Underwood: Stated that he would not vote for the project; mature trees are proposed to
be clear-cut and this is wrong to do this to the lake and shoreline.
Harrison Freer: Stated that he would not vote for the project as presented; the proposal is
worrisome as there are too many variance requests on this lakefront parcel.
Michelle Hayward: Stated that she would vote no as this is a substantial request.
RESOLUTION:
The Zoning Board of Appeals of the Town of Queensbury has received an application from
Seavey Family Trust. Applicant proposes construction of a 2-bedroom home; 1,020 sq. ft.
(footprint); 2,065 sq. ft. (floor area). Project includes site work, terraced retaining walls with a
walkway to the new home. Relief requested from minimum setback requirements, permeability,
floor area, and height restrictions.
Relief Required:
The applicant requests relief from minimum setback requirements, permeability, floor area, and
height restrictions.
Section 179-3-040 establishment of districts-dimensional requirements —waterfront residential
The applicant proposes construction of a 2-bedroom home. The home is to be 22 ft. from the
shoreline where a 50 ft. setback is required and 9 ft. on each side where a 12 ft. setback is
required. The home is to be 29.45 ft. in height where a 28 ft. height maximum is allowed. The
site permeability is to be 65.5 % where 75% is required and the floor area is proposed to be
2,065 sq. ft. where 2,061 sq. ft. is the maximum allowed.
SEQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, February 28, 2018 and Held 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:
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO TABLE AREA VARIANCE
Z-AV-8-2018, SEAVEY FAMILY TRUST, Introduced by Michael McCabe, who moved for its
adoption, seconded by John Henkel:
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02/28/2018)
The application is Tabled to the May Meeting, May 16 with additional information to be
submitted by mid-April.
Duly adopted this 28th day of February 2018 by the following vote:
AYES: Mrs. Hayward, Mr. Underwood, Mr. Urrico, Mr. McDevitt, Mr. McCabe, Mr. Henkel,
Mr. Freer
NOES: NONE
ABSENT: Mr. Kuhl
AREA VARIANCE Z-AV-13-2018 SEQRA TYPE II WILLIAM & BONNIE THOMAS
AGENT(S) LUCAS DOBIE, HUTCHINS ENGINEERING, MICHAEL J. O'CONNOR, ESQ.
LITTLE, O'CONNOR & BORIE OWNER(S) WILLIAM & BONNIE THOMAS ZONING WR
LOCATION 9 GENISTA DRIVE APPLICANT PROPOSES TO CONSTRUCT A NEW 3,035
SQ. FT. DRIVEWAY GREATER THAN A 10% SLOPE AND AD ADDITIONAL HARD
SURFACING. PROJECT INCLUDES A DRIVEWAY CONNECTION TO THE ADJOINING
LOT 289.10-1-36. RELIEF REQUESTED FOR DRIVEWAY GREATER THAN 10% AND SITE
PERMEABILITY. PLANNING BOARD: SITE PLAN REVIEW REQUIRED FOR DRIVEWAY
GREATER THAN 10%. CROSS REFERENCE P-SP-17-2018; SP 16-2018 WARREN
COUNTY PLANNING N/A LOT SIZE 0.25 ACRE(S) TAX MAP NO. 289.10-1-35; 289.10-1-
36 SECTION 179-3-040; 179-6-050; 179-6-060; 179-4-050
MICHAEL O'CONNOR & LUCAS DOBIE, REPRESENTING APPLICANT, PRESENT
STAFFINPUT
Notes from Staff, Area Variance Z-AV-13-2018, William & Bonnie Thomas, Meeting Date:
February 28, 2018 "Project Location: 9 Genista Drive Description of Proposed Project:
Applicant proposes to construct a new 3,035 sq. ft. driveway greater than a 10% slope and add
additional hard surfacing. Project includes a driveway connection to the adjoining lot 289.10-1-
36. Relief requested for site permeability. Planning Board: Site Plan Review required for
driveway greater than 10%.
Relief Required:
The applicant requests relief for site permeability.
Section 179-3-040 establishment of districts-dimensional requirements —waterfront residential
The applicant proposes a new driveway configuration that includes additional hard surfacing
and a permeability of 65.9 % where a 75% permeability is required.
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 character 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 available to reduce the size of the driveway or evaluate the surface type in favor of
permeable paver.
3. Whether the requested area variance is substantial. The relief requested may be
considered moderate relevant to the code. Relief requested for permeability of 9.1% more
than allowed.
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. The project
includes stormwater management for the driveway area.
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02/28/2018)
5. Whether the alleged difficulty was self-created. The difficulty maybe considered self-
created.
Staff comments:
The applicant proposes to redo an existing driveway to include new grading and stormwater
management. The project is associated with the adjoining property project of a new driveway
and new home. The applicant's new driveway will serve as access for the adjoining property
289.10-1-36. The plans show the driveway grading and stormwater details."
(As per Laura Moore) Michael O'Connor stated the requested relief for permeability was 66.5%
per the drawings. Laura explained the application had 65.9% - the applicant had indicated the
drawings were accurate.
SUMMARY OF SUE HEMINGWAY'S NOTES:
Mr. O'Connor stated that improvements were being made to the driveway; slope to be
decreased and the drive access will benefit both the Thomas's and Judkins' adjoining lot.
Mrs. Hayward expressed concern over the slope of the driveway being too steep.
Mr. Dobie stated that the driveway slope as it exists now is at 15 percent and that the proposal
would greatly improve the site conditions.
PUBLIC HEARING OPENED
NO PUBLIC COMMENT
PUBLIC HEARING CLOSED
POLL VOTE:
Michael McCabe: Stated he would vote yes.
Brent McDevitt: Stated he would vote yes.
Roy Urrico: Stated he would vote yes.
John Henkel: Stated he would vote yes.
James Underwood: Stated he would vote yes.
Harrison Freer: Stated he would vote yes.
Michelle Hayward: Stated she would vote yes.
The Zoning Board of Appeals of the Town of Queensbury has received an application from
William & Bonnie Thomas. Applicant proposes to construct a new 3,035 sq. ft. driveway
greater than a 10% slope and add additional hard surfacing. Project includes a driveway
connection to the adjoining lot 289.10-1-36. Relief requested for site permeability. Planning
Board: Site Plan Review required for driveway greater than 10%.
Relief Required:
The applicant requests relief for site permeability.
Section 179-3-040 establishment of districts-dimensional requirements —waterfront residential
The applicant proposes a new driveway configuration that includes additional hard surfacing
and a permeability of 66.5 % where a 75% permeability is required.
SEQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, February 28, 2018;
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:
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02/28/2018)
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE
Z-AV-13-2018, WILLIAM & BONNIE THOMAS, Introduced by Michael McCabe, who moved for
its adoption, seconded by Mr. McDevitt:
Duly adopted this 28th day of February, 2018 by the following vote:
AYES: Mr. Urrico, Mr. Henkel, Mr. Underwood, Mrs. Hayward, Mr. McCabe, Mr. McDevitt, Mr.
Freer
NOES: NONE
ABSENT: Mr. Kuhl
AREA VARIANCE Z-AV-12-2018 SEQRA TYPE II JUDKINS FAMILY TRUST AGENT(S)
TOM HUTCHINS — HUTCHINS ENGINEERING OWNER(S) DAVID A. & DAWN W.
JUDKINS, TRUSTEE ZONING WR LOCATION 15 GENISTA LANE APPLICANT
PROPOSES DEMOLITION OF THE EXISTING 1,100 SQ. FT. SEASONAL DWELLING AND
CONSTRUCTION OF A NEW 1,664 SQ. FT. YEAR-ROUND SINGLE-FAMILY DWELLING.
RELIEF REQUESTED FROM MINIMUM SETBACK REQUIREMENTS AND ROAD
FRONTAGE REQUIREMENTS FOR THE WR ZONE. PLANNING BOARD: SITE PLAN
REVIEW REQUIRED AS THE PROJECT REQUIRES GRADING WITHIN 50 FEET OF
SLOPES GREATER THAN 15 PERCENT. CROSS REF P-SP16-2018; SP 17-2018; BP 99-
273 REBUILD DOCK WARREN COUNTY PLANNING N/A LOT SIZE 0.37 ACRE(S)
TAX MAP NO. 289.10-1-36; 289-10-1-35 SECTION 179-3-040; 179-6-080; 179-4-050
MICHAEL O'CONNOR & LUCAS DOBIE, REPRESENTING APPLICANT, PRESENT
STAFFINPUT
Notes from Staff, Area Variance Z-AV-12-2018, Judkins Family Trust, Meeting Date: February
28, 2018 "Project Location: 15 Genista Drive Description of Proposed Project: Applicant
proposes demolition of the existing 1,100 sq. ft. seasonal dwelling and construction of a new
1,664 sq. ft. year-round single-family dwelling. Relief requested from minimum setback
requirements and road frontage requirements for the WR zone. Planning Board: Site Plan
Review required as the project requires grading within 50 feet of slopes greater than 15 percent.
Relief Required:
The applicant requests the relief from minimum setback requirements and road frontage
requirements for the WR zone.
Section 179-3-040 establishment of districts-dimensional requirements —waterfront residential
The applicant proposes to construct a new single family dwelling. The home is to be located 20
ft. from the shoreline where a 50 ft. setback is required, side yard on the east is to be 10 ft. and
side yard on the west is to be 7.8 ft. where a 15 ft. setback is required,
Section 179-4-050 Road frontage
The applicant proposes to access the new home from the adjoining parcel 289.10-1-35. Parcel
frontage is to provide physical access to and from the lot to be built upon.
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 character 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 available to construct the home in a compliant location.
3. Whether the requested area variance is substantial. The relief requested may be
considered substantial relevant to the code. Relief is for shoreline setback of 30 ft. and side
setbacks 5 ft. on the east side and 7.2 ft. on the west side.
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02/28/2018)
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. The project
includes an updated driveway access, stormwater management for the site and a new
waste water system.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-
created.
Staff comments:
The applicant proposes removal of an existing home to construct a new 830 sq. ft. (footprint) of
a 1,664 sq. ft. floor area home. The plans show the grading to occur on both properties in
relation to the driveway access and the stormwater management. The applicant's house site
plans shows the grading, a retaining wall, lines for the septic and well connections. The
applicant has indicated the new home is in a similar location as the existing home.
The planning board requested additional information on the patio design."
SUMMARY OF SUE HEMINGWAY'S NOTES:
Mr. O'Connor stated that they were careful in the planning of the project so as to maintain the
same footprint of the house that is being demolished.
PUBLIC HEARING OPENED
NO PUBLIC COMMENT
PUBLIC HEARING CLOSED
POLL VOTE:
Michael McCabe: Stated he had no problems with the project and would vote yes.
Brent McDevitt: Stated that the septic is good and that he would vote yes for the proposed
project.
Roy Urrico: Stated that on balance, the proposed home improves the property and he
would vote yes for the project.
John Henkel: Stated that he has a hard time accepting a 20 ft. lakefront setback but that he
would vote yes for the project as they are building on the same footprint; it's already at a 20 ft.
setback.
James Underwood: Stated that he would vote yes for the project.
Harrison Freer: Stated that he would vote no based on the 20 ft. lakefront setback.
Michelle Hayward: Stated that she would vote yes.
RESOLUTION:
The Zoning Board of Appeals of the Town of Queensbury has received an application from
Judkins Family Trust. Applicant proposes demolition of the existing 1,100 sq. ft. seasonal
dwelling and construction of a new 1,664 sq. ft. year-round single-family dwelling. Relief
requested from minimum setback requirements and road frontage requirements for the WR
zone. Planning Board: Site Plan Review required as the project requires grading within 50 feet
of slopes greater than 15 percent.
Relief Required:
The applicant requests the relief from minimum setback requirements and road frontage
requirements for the WR zone.
Section 179-3-040 establishment of districts-dimensional requirements —waterfront residential
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02/28/2018)
The applicant proposes to construct a new single family dwelling. The home is to be located 20
ft. from the shoreline where a 50 ft. setback is required, side yard on the east is to be 10 ft. and
side yard on the west is to be 7.8 ft. where a 15 ft. setback is required,
Section 179-4-050 Road frontage
The applicant proposes to access the new home from the adjoining parcel 289.10-1-35. Parcel
frontage is to provide physical access to and from the lot to be built upon.
SEQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, February 28, 2018;
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:
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE
Z-AV-12-2018, JUDKINS FAMILY TRUST, Introduced by Mr. McCabe, who moved for its
adoption, seconded by Mrs. Hayward:
Duly adopted this 28th day of February, 2018 by the following vote:
AYES: Mr. McDevitt, Mr. Urrico, Mr. Henkel, Mr. Underwood, Mrs. Hayward, Mr. McCabe
NOES: Mr. Freer
ABSENT: Mr. Kuhl
LAURA MOORE'S DEBRIEFING NOTES:
ZONING BOARD OF APPEALS DEBRIEFING NOTES
FEBRUARY 28, 2018
Members Present- Freer, Urrico, Underwood, Henkel, McCabe, Hayward, McDevitt
Members absent -Kuhl, Alternate members present not sitting -Hamlin
New Business:
AV 10-2018 Scott Johnson 7:00-
7:10
Ward 1. Applicant proposes construction of residential additions; 1.) 276 sq. ft. residential
addition, 2.) 375 sq. ft. screen porch, 3.) 372 sq. ft. open deck, and 4.) 75 sq. ft. replacement
covered porch and entry area. The project includes removal of existing deck area. Relief
requested from minimum setback requirements.
Status: Application approved as submitted. Approved 7-0.
Follow Up: Applicant to submit final plans for Zoning Administrator signature.
AV 8-2018 Seavey Family Trust 7:11-7:53
Ward 1. Applicant proposes construction of a 2-bedroom home; 1,020 sq. ft. (footprint); 2,065
sq. ft. (floor area). Project includes site work, terraced retaining walls with a walkway to the new
home. Relief requested from minimum setback requirements, permeability, floor area, and
height restrictions. Planning Board: Site Plan Review required for hard surfacing within 50 ft.
and for a project within 50 ft. of a 15% slope.
Status: Application was tabled to a May meeting with information due by mid-April. Tabled 7-0.
Follow Up: Applicant to submit information by mid-April for the May meeting, May 16th.
AV 13-2018 William & Bonnie Thomas 7:54-8:05
Ward 1. Applicant proposes to construct a new 3,035 sq. ft. driveway greater than a 10% slope
and add additional hard surfacing. Project includes a driveway connection to the adjoining lot
289.10-1-36. Relief requested for site permeability. Planning Board: Site Plan Review required
for driveway greater than 10%.
Status: Application approved as submitted. Approved 7-0.
02/28/2018)
Follow Up: Pending Planning Board review the applicant is to submit plans for engineering
review then final plans for Zoning Administrators signature
AV 12-2018 Judkins Family Trust 8:06-
8:25
Ward 1. Applicant proposes demolition of the existing 1,100 sq. ft. seasonal dwelling and
construction of a new 1,664 sq. ft. year-round single-family dwelling. Relief requested from
minimum setback requirements and road frontage requirements for the WR zone. Planning
Board: Site Plan Review required as the project construction within 50 feet of slopes greater
than 15 percent.
Status: Application approved as submitted. Approved 7-0.
Follow Up: Pending Planning Board review the applicant is to submit plans for engineering
review then final plans for Zoning Administrators signature
Other Zoning Board items 8:26-8:35
Zoning Board Chair survey waiver request —Chairman Freer explained a survey waiver was
granted for an upcoming application and if during the review of the application by the board a
survey was determined to be needed then the board may direct the applicant to obtain a survey.
Septic —Chairman Freer explained he would like the board to understand the review process
and the different types of septic systems.
Adjourn: 8:36
MEETING WAS ADJOURNED AT 8:36 P.M.