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03-26-2008 Queensbury Zoning Board of Appeals Agenda Meeting: Wednesday, March 26, 2008 Time: 7:00 -11 :00 pm Queensbury Activities Center - 742 Bay Road Agenda subject to change and may be found at www.queensbury.net AGENDA Old Business: Robert and Victoria Glandon Richard Salomon Thomas S. West, Esq. The West Firm 67 Knox Road 239.7-1-14 BP 2006-271 SFD; BP 2004-539 septic alt.; Cross Ref.: BP 2006-273 demo SFD; BP 2005-945 demo Public December March 2008 Adirondack Pc:I~1< .Agenc:y: Yes Proiect Description: Appellant is appealing the Zoning Administrators determination of October 23, 2007 regarding site issues at 67 Knox Road. Applicant(s): .' .Owner(s): . Agent(s): Location: Tax Id No.: N()tic~(>f .Appeal No.: SEQRA Type: Lot size: Zoning: Section: 11-2007 N/A 0.45 acres WR-1A 179-4-020; 1 79- 16-050 Warren County Planning: n/a New Business: Applicant(s): .. Owner(s): Agent(s): - Debaron Associates by Debra Schiebel, Area Variance No.: 11-2008 Location: Debaron Associates Hutchins Engineering / McPhillips, and Cullum Dark Bay Lane, off Route 9L _SEg~.A.I'ipe: Lot size: 0.45 acres Zoning: WR-3A Section: 179-4-030; 179-4-090; 147- , 9B.2(d) Cross Ref.: Warren County~I_c:lrlrling=- March 12, 2008 Public March 2008 Adirondack Park Ag~r1C:Y:, Yey ~ Proiect Description: Applicant proposes construction of a single-family residence and associated wastewater system and storm water management controls. Relief requested from shoreline and rear yard setback requirements. Relief requested from road frontage requirements and stormwater devices for projects. Tax Id No.: 239.18-1-47 Applica.!!t(sf 1~il!<::lri_g~~E:><::~YPE:>9<::l?12E:>ri? ..... Area Varic:l!l(:e No.: 12-2008 ()Yirl~rls): Lf3ill arig BE:>c:ky PE:>g()sp.eris~EqRA Type:, II to~:~:~s~~ ; ;~e~ao~~~ ~~t~~, Esq. BPSR ~~:ii~~1 ~~~l~cres Tax Id No.: 226.19-1-59 Section: . 179-4-030 Cross Ref.: BP 2006-633 WarrenCollnty Planniniii!09rCtlg,?008 Public Hearing: March 26, 2008 Adirondack Park Agency: Yes Proiect Description: Applicant proposes construction of a 350 sq. ft. detached garage. Relief requested from Floor Area Ratio requirements. Page 1 of 2 Queensbury Zoning Board of Appeals Agenda Meeting: Wednesday, March 26, 2008 Time: 7:00 -11 :00 pm Queensbury Activities Center - 742 Bay Road Agenda subject to change and may be found at www.queensbury.net Jane B. Lowell Jane B. Lowell Melissa D. Lescault, Esq. McPhillips, Fitzgerglcj a, <=:ljllljm, LLP Location: Chestnut Ridge Road & County Line Road Tax Id No.: 290.00-1-22.221 ~,""",,,,,,,.,"".,.,.,.,...._............_.._- .~. Cross Ref.: Subdivision No. 4-1996 Warren County Planning:... March 12, 2008 1 - -- - -..---.......-...-..."...-...- Public Hearing: I tv\grc:h~6, 2008 _ Adirondack Park Agency: I n/a _ ~ Proiect Description: Applicant proposes to further subdivide the Jane Lowell Subdivision into 3 additional lots for construction of single-family homes. Relief requested from lot width requirements for the lot fronting on County Line Road. .App~_cant(s): ()Yin~(s): Agent(s): Area Variance No.: - - Zoning: SR-1A Section: 179-19-020 C - Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals - Revised Agenda: 3/10/2008/ UV 10-2008, Lk Geo. Campsites removed from review CB/sh Final Agenda: 2/28/2008 1 :50 pm sh L:\Sue Hemingway\2008 Year ZBA \March 2008\March 26 2008 ZBA Agenda.doc Page 2 of 2 March 2008 Notice of Appeal No. 11-2007 Glandon Property at 67 Knox Road Attached is the ZBA Resolution of: Dec. 26, 2007 and January 18, 2008 Attached is a letter dated Feb. 14, 2008 from THE WEST FIRM r:",;,^-'~' --: ~~ ~~ - ~ THE WEST FIRM"-- .. A PRO F E S S ION ALL I M IT E D L I A B I LIT Y COM PAN 'y" '-:.:0 '-'~":::;:5 Attorneys And Counselors At Law 677 Broadway, 8th Floor Albany, New York 12207-2990 Telephone (518) 641-0500 Facsimile (518) 615-1500 ~5',.,."i " ','(,.:::1 ~, ;;-' _ ~":r....f.; Thomas S. West John T. McManus, Counsel Yvonne E. Marciano, Counsel Direct Dial: (518) 641-0501 Direct Facsimile: (518) 615-1501 E-Mail: twest@westfinnlaw.com www.westfinnlaw.com Cindy M. Monaco Elizabeth Dailey McManus Vicki G. Schlierer, Paralegal February 14,2008 Queensbury Zoning Board of Appeals 742 Bay Road Queensbury, NY 12804 Re: 67 Knox Road Dear Members: This letter constitutes our status report in accordance with the directive from your January meeting that we report to you by February 15, 2008 in order that this matter may be heard at the March meeting. As you are aware, by letters dated January 18, 2008, we wrote to Mr. Brown and Mr. Hatin. In those letters, we raised a series of code compliance issues and requested formal determinations from both Mr. Brown and Mr. Hatin concerning those issues. By letter dated January 24, 2008, Mr. Hatin advised us that Mr. Brown had requested that the owners provide an as built survey so that the Town can get an accurate determination as to where the building currently sits on the property. That letter further advised us that representatives of the Town were going to meet with the owners and that the owners were going to submit a revised septic system along with the survey information. By letter dated January 28, 2008, we replied indicating that this is the same position we have been in since early summer with the promise of new plans and building construction that continues at variance from the code requirements. By letter dated January 29,2008, Mr. Brown wrote us to advise us that a site inspection had revealed that the building was constructed at variance from the approved plans and that the applicant was directed to file by February 6, 2008 accurate plans and a new survey reflecting actual construction. Copies of these letters are enclosed. In a telephone conversation today, we were advised by Mr. Brown that the plans and survey that were requested by the Town from the owners have not been filed with the Building Department. Consequently, Mr. Brown and Mr. Hatin do not believe that they are in a position Queensbury Zoning Board of Appeals Page 2 February 14,2008 to respond to our letters, although they are hopeful that they will be able to do so in the next several weeks when plans are filed with their office. In the meantime, this will serve to confirm that both the Mr. and Mrs. Glandon and Dr. and Mrs. Rosenberg want to bring before the Zoning Board of Appeals all issues that were discussed at the public hearing in January including, but not limited to, all issues concerning building height, the legality of the proposed septic system, the legality of the wing walls that were constructed to artificially elevate the fill on either side of the structure in an illegal effort to attempt to make the structure conform to the height limitations of the Queensberry Zoning Code, and the issue concerning the ratio of the constructed building to the square footage of the lot. Under these circumstances, we suggest that this matter be heard at your March meeting. To the extent that we receive responses to our letters between now and then, we will file appeals from any determinations that do not conform to the requirements of the Queensbury Zoning Code prior to the March meeting. Thank you for your time and attention to this issue. CC: Craig Brown, Zoning Administrator Dave Ratin, Director of Building & Codes Bruce Frank, Code Compliance Officer Queensbury Planning Board Bonnie and Stuart Rosenberg Robert and Victoria Glandon Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 FOLLOW - UP RESOLUTION January 17,2008 TO: Robert & Victoria Glandon 87 Fulling Mill Road Ridgefield, CT 06877 PROJECT FOR: Robert & Victoria Glandon property at: 67 Knox Road and owned by Richard S91omon Dear Mr. Glandon: Your application, after review and consideration by the Zoning Board of Appeals, was: _X_ Tabled. Your application will be tabled until the March 26, 2008 ZBA meeting. A copy of the resolution is attached. Additional requirements and reyiew for this project shall include: ZoninQ Office _X_ Please provide additional information as requested by the following date and time: Friday, February 15,2008 by 4:30 pm Provide documentation regarding communication and conference between all the parties inyolyed as well as Planning Staff. Documentation should show consolidation of all the major issues. Sincerely, Craig Brown Zoning Administrator CB/sh Encl. cc: R. Salomon, property owner / K. Buettner, Esq. BPSR, J. Lapper, 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 - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Charles McNulty. Chairman James Underwood, Secretary TO: Robert & Victoria Glandon 87 Fulling Mill Road Ridgefield, CT 06877 PROJECT FOR: Robert & Victoria Glandon 67 Knox Road / R. Salomon The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Notice of Appeal No. 11-2007, Robert and Victoria Glandon Regarding property at 67 Knox Road, Owner: Richard Salomon Meeting Date: Wednesday, January 16,2008 Tabled _X_ MOTION TO TABLE NOTICE OF APPEAL NO. 11-2007 ROBERT & VICTORIA GLANDON, Introduced by Charles McNulty who moved for its adoption, seconded by Roy Urrico: 67 Knox Road. Tabled pending communication and conference between all the parties involved and Staff, to consider consolidation and organization of this matter, and with the understanding I think that at any point the appellant can notify us that he wants to proceed with this particular Appeal and allow him to do so, but the goal being to consolidate all the major issues so that we can address them all in one shot one time, and hopefully facilitate this whole process, not only for the Board, but for the applicants and the land owners. Tabled to March 26, 2008, with the understanding and acknowledgement, like we have in some of the other cases, we may have to address this and table again, depending on how schedules go, with a February 15th submittal date to provide the information. Duly adopted this 16th day of January, 2008, by the following vote: AYES: Mr. Urrico, Mr. Bryant, Mr. Underwood, Mr. Abbate, Mrs. Hunt, Mr. Garrand, Mr. McNulty NOES: NONE Sincerely, Charles McNulty, Chairman Queensbury Zoning Board of Appeals CM/sh 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 FOllOW - UP RESOLUTION December 27, 2007 TO: Robert & Victoria Glandon 87 Fulling Mill Road Ridgefield, CT 06877 PROJECT FOR: Robert & Victoria Glandon 67 Knox Road / R. Salomon Dear Mr. and Mrs. Glandon: Your application, after review and consideration by the Zoning Board of Appeals, was: _X_ Tabled. Your application will be tabled until the January 16,2008 Zoning Board of Appeals Meeting. A copy of the resolution is attached. Sincerely, Craig Brown Zoning Administrator CB/sh Encl. cc: Richard Salomon 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 Charles Abbate. Chairman James Underwood. Secretary TO: Robert & Victoria Glandon 87 Fulling Mill Road Ridgefield, CT 06877 PROJECT FOR: Robert & Victoria Glandon 67 Knox Road / R. Salomon The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Notice of Appeal No. 11-2007 Robert & Victoria Glandon Meeting Date: Wednesday, December 26, 2007 Tabled L MOTION TO TABLE NOTICE OF APPEAL NO. "-2007 ROBERT & VICTORIA GLANDON, Introduced by Charles Abbate who moved for its adoption, seconded by Joan Jenkin: 67 Knox Road. Tabled to January 16,2008. Duly adopted this 26th day of December, 2007, by the following vote: AYES: Mrs. Jenkin, Mr. Clements, Mr. McNulty, Mrs. Hunt, Mr. Bryant, Mr. Underwood, Mr. Abbate NOES: NONE Sincerely, Charles Abbate, Chairman Queensbury Zoning Board of Appeals CA/sh cc: Richard Salomon 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.)