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Staff Notes Packet ZBA Mtg Wed., August 17, 2016 Staff Notes ZBA Meeting Wed . , August 17 , 2016 Queensbury nipAppeals Agenda Meeting: Wednesday, August 17, 2016 Time: 7:00- 11:00 pm Queensbury Activities Center-742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Approval of Meeting Minutes: June 22&June 29;July 20&July 27,2016 Administrative Items: Request to further Table: Sign Variance PZ-0119-2016 Cumberland Farms,Inc. 110 Main Street Sign Variance PZ-0111-2016 Cumberland Farms,Inc. 410 Quaker Road Sign Variance PZ-0114-2016 Cumberland Farms,Inc.966 State Route 9 Old Business: Applicant(s) John Dennett Area Variance No PZ-0161-2016 Owner(s) John Dennett SEQRA Type II Agent(s) n/a Lot Size 0.88 Acre(s) Location 20 Jay Road West—Ward 1 Zoning WR Ward No. Glen Lake Tax Id No 289.10-1-23 Section 179-5-060 Cross Ref BP 90-765 Res.Alt. Warren County Planning n/a Public Hearing I June 29,2016 Tabled to August 17,2016 Adirondack Park Agency n/a Proiect Description Applicant proposes to remove a 240 sq.ft.+/-single stake dock and construct a 349 sq.ft.(revised)U-shaped dock. Relief request from minimum allowable property line setbacks. The Town regulation on this matter states that the dock must meet a 20-foot setback from an extension of the property line into the lake. Applicant(s) Maurice Combs Area Variance No 11-2015 Owner(s) Maurice Combs SEQRA Type I—ZBA consented to PB 3/18/2015 Agent(s) Hutchins Engineering/ McPhillips,Fitzgerald&Cullum Lot Size 9.09 Acre(s) Location 636 Corinth Road-Ward 4 Zoning MDR Ward No. Tax Id No 308.18-1-1 Section 179-3-040; 179-4-050 Cross Ref SB 6-2015;UV 71-1996 Warren County Planning March 2015 Public Hearing April 22,2015;August 19,2015;October 21,2015 Tabled Adirondack Park Agency n/a to March 16,2016;May 18,2016;August 17,2016 Proiect Description Applicant proposes removal of existing single-family dwelling and development of a 5-lot residential subdivision with lot sizes ranging from 1.37 acres to 2.02 acres. Project includes a private drive with easements for utilities. Relief requested from minimum lot size requirements and road frontage for the MDR district. Planning Board: Subdivision review required for subdivision. Applicant(s) Frank&Kathi Miller Area Variance No PZ-0067-2016 Owners Frank&Kathi Miller SEQRA Type II Agent(s) Ethan P.Hall-Rucinski Hall Architecture Lot Size 0.31 Acre(s) Location 22 Nacy Road-west shore of Glen Lake-Ward I Zoning WR Ward No. Tax Id No 289.6-1-35 Section 179-3-040 Cross Ref SP PZ 127-2016;BP 2014-204 Dock Warren County Planning n/a Public Hearing May 18,2016;August 17,2016 Adirondack Park Agency n/a Project Description Applicant proposes demolition of existing structures and revised plans for the construction of a(2,967 sq.ft.footprint);(3,435 sq.ft.floor area)single-family dwelling.Project includes installation of new septic system and well. Relief requested from minimum sideline and shoreline setback requirements,maximum Floor Area Ratio,and the minimum permeability requirements to the WR zoning district. Site Plan: project within 50 ft., 15%slope. Page 1 of 2 Queensbury ning Board of Appeals Agenda Meeting: Wednesday, August 17, 2016 Time: 7:00- 11:00 pm Queensbury Activities Center-742 Bay Road Agenda subject to change and may be found at: www.queensbury.net New Business: Applicant(s) Cleverdale Ventures,LLC;Me han Cesari Area Variance No PZ-0199-2016 Owners Cleverdale Ventures,LLC SEQRA Type Type II Agent(s) Matt Steves,VanDusen&Steves Lot Size 4.148 acres Location Route 9L and Cleverdale Road—Ward 1 Zoning NC Ward No. Tax Id No 240.9-1-8 Section 179-3-040 Cross Ref SB Prelim PZ-0197-2016;SB Final PZ-0198- Warren County Planning August 2016 2016;BOTH 119-2016 C/O Megs Deli;BP 2009-319 Sign for Cleverdale Country Store; BP 95-682 addition;BP 6213 move camp then convert to office;BP 1730 Sign;BP 98-3293 freestanding sign Public Hearing August 17,2016 Adirondack Park Agency ALD Proiect Description Applicant proposes a 2-lot subdivision of the 4.148 parcel into 1.004 acres and 3.144 acres where the store and real- estate office are located.The new lot line causes the existing buildings on both lots to not meet the side setback requirements. Relief requested from minimum setback requirements for the NC zoning district. Applicant(s) Chris Boyd Area Variance No PZ-0205-2016 Owner(s) Boyd Family Living Trust;Christopher Boyd, SEQRA Type II Trustee;Barbara Grile Boyd,Trustee Agent(s) Dennis MacElro ,EDP Lot Size 0.31 acres Location 25 Hanneford Road—Ward 1 Zoning WR Ward No. Tax Id No 240.6-1-17 Section 179-3-040 Cross Ref SP PZ-203-2016;BOTH 383-2015 Septic Alt.; Warren County Planning August 2016 BP 89-133 repair garage roof;BP 988 yr 1970; BP 98-045 repair dock Public Hearing August 17,2016 Adirondack Park Agency ALD Proiect Description Applicant proposes construction of a 1,325 sq.ft.(footprint)single-family home with a 506 sq.ft.open deck and a 576 sq.ft.attached garage. Total floor area is 2,989 sq.ft. Relief requested from minimum setback requirements for the WR zoning district. Planning Board: Site Plan Review is required for new construction within 50 ft.of 15%slopes. Applicant(s) Annie&Kevin Dineen Area Variance No PZ-0208-2016 Owners Annie&Kevin Dineen SEQRA Type II Agent(s) Ethan P.Hall—Rucinski Hall Architecture Lot Size 0.62 acres Location 149 Birdsall Road—Ward 1 Zoning WR Ward No. Tax Id No 289.17-1-46 Section 179-3-040 Cross Ref SP PZ-202-2016;SP 26-2012;AV 24-2012; Warren County Planning n/a AV 60-1992;SP 11-2007;AV 29-1997;SP 37- 92;BP 2013-093;BP 97-154;BP 95-295;BP 92-545;BP 92-709 Public Hearing August 17,2016 Adirondack Park Agency n/a Proiect Description Applicant proposes a 68 sq.ft.mudroom and 106 sq.ft.open porch addition to an existing 2,011 sq.ft.(footprint) home including interior alterations. In addition two dormers totaling 63 sq.ft.are proposed to be constructed on the second story of an existing detached garage/loft. The two dormers include bathroom expansion and sitting room;existing FAR 336 sq.ft.and proposed 399 sq.ft.(loft area only). Relief is requested from minimum setback requirements. Site Plan: expansion in a CEA and hardsurfacing. Any further business which may be properly brought before the Board. Page 2 of 2 I",W--sio Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238 TONw7 Of Qyee77Su1 y Sign Variance Resolution To: Table all 3 Sign Variance Applications Applicant Name: Cumberland Farms, Inc. File Number: PZ-0119-2016,PZ-0111-2016, and PZ-0114-2016 Location: 110 Main Street,410 Quaker Road, and 966 State Route 9 Tax Map Number: 309.14-1-80/303.5-1-24/296.13-1-69 ZBA Meeting Date: Wednesday, August 17,2016 MOTION TO TABLE SIGN VARIANCE PZ-119-2016 PZ-111-2016 and PZ-114-2016 Cumberland Farms,LLC at 110 Main Street,410 Quaker Road,and 966 State Route 9 Introduced by who moved for its adoption, seconded by Tabled to the Zoning Board of Appeals meeting(Pending review by the Town Board) Duly adopted this 17th day of August, 2016, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: PZ 161-2016 Project Applicant: John Dennett Project Location: 20 Jay Road West Parcel History: BP 90-765 Res.Alteration SEQR Type: Type II Meeting Date: August 17,2016 Description of Proposed Project: Applicant proposes to remove a 240 sq. ft. +/- single stake dock and construct a 349 sq. ft. (revised) U-shaped dock. Relief request from minimum allowable property line setbacks. The Town regulation on this matter states that the dock must meet a 20-foot setback from an extension of the property line into the lake. Relief Required: The applicant requests the following relief: Relief request from minimum allowable property line setbacks. The Town regulation on this matter states that the dock must meet a 20-foot setback from an extension of the property line into the lake. Section 179-5-060 Docks, boathouses, moorings—Waterfront Residential Zone, WR The applicant proposes the new u shaped dock will be located 13.4 ft from the north and 4.6 ft from the south projection where a 20 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 impacts to the neighborhood may be anticipated. The applicant is replacing a stake dock with a u shaped dock 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 configuration of the parcel along the shoreline where the projected 20 ft crosses at 12 ft from the shore. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested is 15.4 ft on the south and 6.6 ft on the north side. 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 may be considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant has provided plans that show the location of the existing and revised proposed dock with the setback projections. The plans also show the dock elevation and crib locations. The applicant has indicated the dock would be similar to neighboring docks. The plans show the neighboring u-shaped dock. Zoning Board of Appeals—Record of Resolution r' Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of Qcensfnily Area Variance Resolution To: Approve/Disapprove Applicant Name: John Dennett File Number: PZ-0161-2016 Location: 20 Jay Road West—Glen Lake Tax Map Number: 289.10-1-23 ZBA Meeting Date: Wednesday,August 17,2016 The Zoning Board of Appeals of the Town of Queensbury has received an application from John Dennett. Applicant proposes to remove a 240 sq.ft.+/-single stake dock and construct a 349 sq.ft.(revised)U-shaped dock. Relief request from minimum allowable property line setbacks. The Town regulation on this matter states that the dock must meet a 20-foot setback from an extension of the property line into the lake. The applicant requests the following relief. Relief request from minimum allowable property line setbacks. The Town regulation on this matter states that the dock must meet a 20-foot setback from an extension of the property line into the lake. Section 179-5-060 Docks,boathouses,moorings—Waterfront Residential Zone,WR The applicant proposes the new u shaped dock will be located 13.4 ft from the north and 4.6 ft from the south projection where a 20 ft setback is required. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,June 29,2016 and Wednesday,August 17,2016 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. There is/is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is/is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health,safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. PZ-0161-2016, John Dennett, Introduced by ,who moved for its adoption,seconded by Duly adopted this 17`h day of August 2016 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 11-2015 Project Applicant: Maurice H. Combs Project Location: 636 Corinth Road Parcel History: SB 6-2015,UV 71-1996 SEQR Type: Type I—ZBA consented to PB 3/18/2015 Meeting Date: August 17,2016 Description of Proposed Project: Applicant proposes removal of existing single-family dwelling and development of a 9.24 ac parcel for a 5-lot residential subdivision with lot sizes ranging from 1.37 acres to 2.02 acres. Project includes a private drive with easements for utilities. Relief requested from minimum lot size requirements and road frontage for the MDR district. Planning Board: Subdivision review required for subdivision. Relief Required: The applicant requests the following relief: Relief requested from minimum lot size requirements and road frontage for the MDR district. Section 179-3-040 establishment of districts dimensional requirements, The Moderate Density Residential zone requires 2 ac where Lot 1 is proposed to be 1.84 ac and Lot 3 is proposed to be 1.37 ac. Road Frontage where 100 ft is required and lots 3, 4, and 5 are proposed to be on a private drive or 0 ft of frontage on public road. Section 179-4-050 Frontage on public roads, Lots 1 -5 will have physical access on the private drive. Subdivision Density-183 The subdivision as proposed with a private drive is to have 8.6 ac of usable density where 10 ac is required for five lots. 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 impacts to the neighborhood may be anticipated. The lots border the Bedford Close subdivision with lots ranging from than 1.37 ac and up to 2.02 ac for some lots. 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. The applicant has provided a revise subdivision plan from 7 lots to 5 lots. The variance for lot size is for two of the five lots. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The requested relief for lot size for lot 3 where 1.37 ac is proposed and 0.63 relief is requested then for lot 1 1.84 ac is proposed and 0.16 ac relief is requested where lots are to be 2 ac. Density relief where 5 lots is proposed and 1.4 ac of relief is requested and 10 ac is required. Frontage on a public road relief is requested where all five lots are proposed to have access from a private drive. Road frontage relief is requested where lots 3,4,and 5 have 0 lot frontage and 100 ft is required. 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 will have minimal to no adverse effects or impact on the physical or environmental impacts. The show the location of the private drive, driveways, houses, and utilities where one point of access is from Corinth Rd. 5. Whether the alleged difficulty was self created. The difficulty may be considered self created Staff comments: The applicant has revised plans from a proposed 7 lot to a 5 lot subdivision with a private drive onto Corinth Road. The applicant is requesting relief to create lots less than 2 acres. The zoning code requires lots in this zone to be a minimum of 2 acres if not connected to town sewer and water. The parcels are proposed to be connected to the Town water system and will have on-site septic systems. The plans show the proposed arrangement of each parcel in the subdivision. The applicant has received approval for a water district extension associated with the proposed project. Zoning r a I Community Development Department Staff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238 Town of(Zucensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Maurice H.Combs File Number: Area Variance No. 11-2015 Location: 636 Corinth Road—Ward 4 Tax Map Number: 308.18-1-1 ZBA Meeting Date: Wednesday,August 17,2016 The Zoning Board of Appeals of the Town of Queensbury has received an application from Maurice H.Combs. Applicant proposes removal of existing single-family dwelling and development of a 9.24 ac parcel for a 5-lot residential subdivision with lot sizes ranging from 1.37 acres to 2.02 acres. Project includes a private drive with easements for utilities. Relief requested from minimum lot size requirements and road frontage for the MDR district. Planning Board: Subdivision review required for subdivision. The applicant requests the following relief. Relief requested from minimum lot size requirements and road frontage for the MDR district. Section 179-3-040 establishment of districts dimensional requirements, The Moderate Density Residential zone requires 2 ac where Lot 1 is proposed to be 1.84 ac and Lot 3 is proposed to be 1.37 ac.Road Frontage where 100 ft is required and lots 3,4,and 5 are proposed to be on a private drive or 0 ft of frontage on public road. Section 179-4-050 Frontage on public roads, Lots 1-5 will have physical access on the private drive. Subdivision Density-183 The subdivision as proposed with a private drive is to have 8.6 ac of usable density where 10 ac is required for five lots. SEQR Type I—ZBA consented to PB on March 18,2015; A public hearing was advertised and held on: April 22,2015,August 19,2015,October 21,2015, March 16,2016,May 18,2016,and August 17,2016; 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: PIER THE DRAFT PROVIDED BY STAFF 1. There is/is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is/is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) /would be outweighed ied b denial the resulting detriment to the health,safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 11-2015 Maurice H. Combs Introduced by who moved for its adoption,seconded by Duly adopted this 17`ay of August 2016 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: PZ 67-2016 Project Applicant: Frank&Kathi Miller Project Location: 22 Nacy Road Parcel History: SP PZ 127-2016; BP 2014-204 Dock SEAR Type: Type H Meeting Date: August 17,2016 Description of Proposed Project: Applicant proposes demolition of existing structures and revised plans for the construction of a(2,967 sq. ft. footprint); (3,435 sq. ft. floor area) single-family dwelling. Project includes installation of new septic system and well. Relief requested from minimum sideline and shoreline setback requirements, maximum Floor Area Ratio,and the minimum permeability requirements fo the WR zoning district. Site Plan: project within 50 ft., 15% slope. Relief Required: The applicant requests the following relief: Relief requested from minimum sideline and shoreline setback requirements, maximum Floor Area Ratio, and the minimum permeability requirements of the WR zoning district. Section 179-3-040 establishment of districts dimensional requirements, The proposed home is to be located 62 ft 10 in from the shoreline where 81 ft is the required setback; 16 ft 4 in from the north side and 11 ft where a 20 ft setback is required,permeability is proposed at 66.7 %where 75% is required; and floor area is proposed at 3,435 sq ft(24%)where 3,163 sq ft is maximum allowed(22 %). 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 impacts to the neighborhood may be anticipated. The applicant proposes removal of two buildings to construct one building. 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. The applicant has revised the project so the new home is located further from the shoreline and less floor area. The revised plan has changed the interior layout to allow for a storage area at the lower level that is less than 5ft in height. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. Relief requested Shoreline 17 ft 2 in;North side 3 ft 8 in, South side 9 ft,Permeability 8.3 %, Floor area 2% in excess 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 may be considered to have minimal to the neighborhood.The applicant proposes a new septic system and well. 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. The applicant is proposing demolishing and a new build. Staff comments: The applicant has revised the plans as discussed from the previous meeting. The applicant proposes to demolish an existing home and other buildings on 0.33 ac parcel to construct a 3,435 sq ft—floor area home. The plans show the existing and proposed home location, elevations, and floor plans. The applicants has indicated a new septic and well are to be installed as part of the project -where the new well installation disturbance is near the shoreline. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238 Town of Queensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Frank&Kathi Miller File Number: PZ-0067-2016 Location: 22 Nacy Road—west shore of Glen Lake Tax Map Number: 289.6-1-35 ZBA Meeting Date: Wednesday,August 17,2016 The Zoning Board of Appeals of the Town of Queensbury has received an application from Frank&Kathi Miller. Applicant proposes demolition of existing structures and revised plans for the construction of a(2,967 sq.ft.footprint);(3,435 sq.ft.floor area)single-family dwelling.Project includes installation of new septic system and well. Relief requested from minimum sideline and shoreline setback requirements,maximum Floor Area Ratio,and the minimum permeability requirements fo the WR zoning district. Site Plan: project within 50 ft.,15%slope. The applicant requests the following relief. Relief requested from minimum sideline and shoreline setback requirements,maximum Floor Area Ratio,and the minimum permeability requirements of the WR zoning district. Section 179-3-040 establishment of districts dimensional requirements, The proposed home is to be located 62 ft 10 in from the shoreline where 81 ft is the required setback; 16 ft 4 in from the north side and 11 ft where a 20 ft setback is required,permeability is proposed at 66.7%where 75%is required;and floor area is proposed at 3,435 sq ft(24%) where 3,163 sq ft is maximum allowed(22%). SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,May 18,2016; 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: PERTI*.DRAFT PROVIDED BY STAFF 1. There is/is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is/is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health,safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. PZ-0067-2016 Frank & Kathi Miller Introduced by.who moved for its adoption,seconded by Duly adopted this 17`"day of August 2016 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: PZ 199-2016 Project Applicant: Cleverdale Ventures,LLC; Meghan Cesari Project Location: Route 9L & Cleverdale Road Parcel History: SB Prelim PZ-0197-2016; SB Final PZ-0198-2016; BOTH 119-2016 C/O Megs Deli; BP 2009-319 Sign for Cleverdale Country Store; BP 95-682 addition; BP 6213 move camp then convert to office; BP 1730 Sign; BP 98-3293 freestanding sign SEAR Type: Type II Meeting Date: August 17,2016 Description of Proposed Project: Applicant proposes a 2-lot subdivision of the 4.148 parcel where the store and real-estate office are located. The new lot line causes the existing buildings on both lots to not meet the side setback requirements. Relief requested from minimum setback requirements for the NC zoning district. Relief Required: The applicant requests the following relief. Relief requested from minimum setback requirements for the NC zoning district. Section 179-3-040 establishment of districts dimensional requirements, The Neighborhood Commercial zone requires a 20 ft setback. The existing buildings a real estate office and the rear portion of the store are proposed to have a 13.5 ft setback. 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 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 considered limited due to the existing parcel configuration and the existing building locations. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested is 6.5 ft for each side to the existing buildings—Real estate office and Store along the lot line. 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 may be considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a two lot subdivision. The plans show the buildings to remain were parcel 1.004 ac will retain the existing real estate office and the 3.144 ac parcel will retain the store, out buildings and three cabin buildings. In addition the plans show an easement that will remain from the 1.004 ac to the 3.144 ac so the cabins have access. Also shown is the approximate area of the septic and well location. Zoning r I Community Development Department Staff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of(�Zueensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Cleverdale Ventures,LLC;Meghan Cesari File Number: PZ-0199-2016 Location: Route 9L and Cleverdale Road Tax Map Number: 240.9-1-8 ZBA Meeting Date: Wednesday,August 17,2016 The Zoning Board of Appeals of the Town of Queensbury has received an application from Cleverdale Ventures,LLC; Meghan Cesari. Applicant proposes a 2-lot subdivision of the 4.148 parcel where the store and real-estate office are located.The new lot line causes the existing buildings on both lots to not meet the side setback requirements. Relief requested from minimum setback requirements for the NC zoning district. The applicant requests the following relief.Relief requested from minimum setback requirements for the NC zoning district. Section 179-3-040 establishment of districts dimensional requirements, The Neighborhood Commercial zone requires a 20 ft setback. The existing buildings a real estate office and the rear portion of the store are proposed to have a 13.5 ft setback. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,August 17,2016; 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: PER THE DRAFT PROVIDED BY STAFF 1. There is/is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is/is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health,safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE/DENY AREA VARIANCE PZ-0199-2016, Cleverdale Ventures, LLC;Meghan Cesari Introduced by ,who moved for its adoption,seconded by Duly adopted this 17`h day of August,2016 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: PZ 205-2016 Project Applicant: Chris Boyd Project Location: 25 Hanneford Road Parcel History: SP PZ-203-2016; BOTH 383-2015 Septic Alt.; BP 89-133 repair garage roof; BP 988 yr 1970; BP 98-045 repair dock SEQR Type: Type II Meeting Date: August 17,2016 Description of Proposed Project: Applicant proposes construction of a 1,325 sq. ft. (footprint) single-family home with a 506 sq. ft. open deck and a 576 sq. ft. attached garage. Total floor area is 2,989 sq. ft. Relief requested from minimum setback requirements for the WR zoning district. Planning Board: Site Plan Review is required for new construction within 50 ft. of 15% slopes. Relief Required: The applicant requests the following relief. Relief requested from minimum setback requirements for the WR zoning district. Section 179-3-040 establishment of districts dimensional requirements, The project is located in the Waterfront Residential zone where a 20 ft side setback is required. The proposed setback on the north side of 10.7 ft and on the south side of 17.2 ft. 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 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 considered to reduce the size of the home to meet the setbacks. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested is 9.3 ft on the north side and 2.8 ft on the south side. 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 may be considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a tear down of a single family home and detached garage 1,540 sq ft total. The new construction places a new home in a central location on the parcel although variances are required for side setbacks. The project is for anew 4-bedroom home 1,257 sq ft, deck area 508 sq ft, attached garage 576 sq ft, and permeable driveway and walkway of 933 sq ft. The applicant will maintain the existing wastewater system and well as part of the project. The floor plans show the first floor for the garage, mudroom, living room, dining and kitchen area and deck areas. The second floor shows the 2 bedrooms over the living room are then a loft and bath above the garage area. There is also a mechanical area below the first floor with a note on the plans that it is not to exceed 5 ft in height. The elevations show the views of each side and roof peak arrangements. Zoning fAppeals Community Development Department Staff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of CZuccnsbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Chris Boyd File Number: PZ-0205-2016 Location: 25 Hanneford Road Tax Map Number: 240.6-1-17 ZBA Meeting Date: Wednesday,August 17,2016 The Zoning Board of Appeals of the Town of Queensbury has received an application from Chris Boyd. Applicant proposes construction of a 1,325 sq.ft.(footprint)single-family home with a 506 sq.ft.open deck and a 576 sq.ft.attached garage. Total floor area is 2,989 sq.ft. Relief requested from minimum setback requirements for the WR zoning district. Planning Board: Site Plan Review is required for new construction within 50 ft.of 15%slopes. The applicant requests the following relief.Relief requested from minimum setback requirements for the WR zoning district. Section 179-3-040 establishment of districts dimensional requirements, The project is located in the Waterfront Residential zone where a 20 ft side setback is required. The proposed setback on the north side of 10.7 ft and on the south side of 17.2 ft. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,August 17,2016; 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: PER THE DRAFT PROVIDED BY STAFF 1. There is/is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is/is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health,safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS,I MAKE A MOTION TO APPROVE/DENY AREA VARIANCE PZ-0205-2016,Chris Boyd,Introduced by who moved for its adoption,seconded by Duly adopted this 17`h day of August,2016 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: PZ 208-2016 Project Applicant: Annie&Kevin Dineen Project Location: 149 Birdsall Road Parcel History: SP PZ-202-2016; SP 26-2012; AV 24-2012; AV 60-1992; SP 11-2007; AV 29-1997; SP 37-92; BP 2013-093; BP 97-154; BP 95-295; BP 92-545; BP 92-709 SEAR Type: Type II Meeting Date: August 17,2016 Description of Proposed Project: Applicant proposes construction of two dormers to an existing garage for bathroom expansion and sitting room. Project includes a 68 sq. ft. mudroom addition and covered porch addition to the single-family residence. Relief requested from minimum setback requirements for the WR zoning district. Relief Required: The applicant requests the following relief: Relief requested from minimum setback requirements for the WR zoning district. Section 179-3-040 Establishments of District Dimensional requirements. Setback relief for the new deck where 20 ft is required and 11 ft 8 is proposed. Relief is also requested for the proposed dormer at 14 ft 8 in where 20 ft is required. Permeability where 64.8 % is proposed, 65.4% is existing and 75% 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 impacts to the neighborhood may be anticipated. The project as proposed increases the deck by 100 sq ft , allows for interior alterations for an expanded kitchen and mudroom entry, the dormers allow for expanded bathroom and sitting area. The expansion of the home at the shoreline may be considered the most visible to the site. 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 considered to minimize the size of the deck and mudroom. The construction of the dormers appears to be limited to the existing building location. 3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. The deck addition setback relief 8.4 ft, dormer addition setback relief 5.4 ft,permeability relief is 10.2% 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 may be considered to have minimal to the neighborhood. The applicant has indicated the existing septic is compliant. S. Whether the alleged difficulty was self created. The difficulty may be considered self created. Staff comments: The applicant proposes improvements to the home and to the garage/loft building. The site plan information shows the existing home and a detached garage/loft area. The plans for the home show the deck area as 217.75 sq ft to be expanded to 324.03 sq ft. Then a mudroom addition of 68.40 sq ft. The mudroom addition area will also include interior alterations of the kitchen. The plans for the garage/loft building show the new dormers and the interior changes. The existing loft area is 355.8 sq ft and the proposed is 399.47 sq ft. The dormer additions are 63 sq ft total and the floor area is increased from 366 sq ft to 399 sq ft for the loft are only. The loft area expansion will include additional room for the bathroom and sitting room area. There are no cooking facilities in the loft area. Zoning r I Community Development Department Staff Notes w, Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of(Lcensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Annie&Kevin Dineen File Number: PZ-0208-2016 Location: 149 Birdsall Road Tax Map Number: 289.17-1-46 ZBA Meeting Date: Wednesday,August 17,2016 The Zoning Board of Appeals of the Town of Queensbury has received an application from Annie&Kevin Dineen. Applicant proposes construction of two dormers to an existing garage for bathroom expansion and sitting room. Project includes a 68 sq.ft.mudroom addition and covered porch addition to the single-family residence. Relief requested from minimum setback requirements for the WR zoning district. The applicant requests the following relief. Relief requested from minimum setback requirements for the WR zoning district. Section 179-3-040 Establishments of District Dimensional requirements. Setback relief for the new deck where 20 ft is required and 11 ft 8 is proposed. Relief is also requested for the proposed dormer at 14 ft 8 in where 20 ft is required. Permeability where 64.8%is proposed,65.4%is existing and 75%is required. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,August 17,2016; 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'ER THE DRAFT PROVIDED BY STAFF 1. There is/is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is/is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health,safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE/DENY AREA VARIANCE PZ-0208-2016 Annie&Kevin Dineen Introduced by who moved for its adoption,seconded by Duly adopted this 17`h day of August,2016 by the following vote: AYES: NOES: