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Staff Notes Staff Notes ZBA February 23 , 2022 Queensbury Zoning Board of Appeals Agenda Meeting: February 23, 2022 Time: 7:00- 11:00 pm Queensbury Activities Center—742 Bay Road Agenda subject to change and may be found at: www.queensbury.net OLD BUSINESS: Applicant(s) Cerrone Land Holdings Area Variance No. AV 5-2022 Owner(s) City of Glens Falls SEQRA Type Type I Coordinated Agent(s) Hutchins Engineering Lot Size 49.98 acres Location Sherman Avenue Zoning MDR Ward No. Ward 3 Tax Id No 301.18-2-1 Section 179-3-040 Cross Ref SUB 2-2022;SUB 7-2021 Warren County Planning n/a Public Hearing JanuTy 26, 2022;February 23,2022 Adirondack Park Agency n/a Project Description: Applicant proposes a 45 residential subdivision of a 49.5 acre parcel.The lots range in size from 0.47 ac.to 1.57 acres.The project includes a homeowners association property.There are to be two access points to Sherman Avenue.The sites would have on site septic and be connected to municipal water supply.Project includes a 20 ft.no cut buffer on the north property lines. Planning Board review for a subdivision.Relief requested for lot size and setbacks. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre-Zoning Office\ZBA Monthly 2022\February 23,2022\Final ZBA Agenda February 23,2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 5-2022 Project Applicant: Cerrone Land Holdings Project Location: Sherman Avenue Parcel History: SUB 2-2022; SUB 7-2021 SEQR Type: Type I coordinated review Meeting Date: February 23,2022 Description of Proposed Project: Applicant proposes a 45 residential subdivision of a 49.5 acre parcel. The lots range in size from 0.47 ac. to 1.57 acres. The project includes a homeowners association property. There is to be two access points to Sherman Avenue. The sites would have on site septic and be connected to municipal water supply. Project includes a 20 ft. no cut buffer on the north property lines. Planning Board review for a subdivision. Relief requested for lot size and setbacks. Relief Required: The applicant requests relief for lot size and setbacks for a proposed subdivision in the Moderate Density Residential zone. MDR. Parcel is 49.5 acres. Section 179-3-040 Dimensional The applicant proposes 45 residential lots ranging in size from 0.47 ac to 1.57 ac where a two acre lot minimum is required where lots do not have access to both sewer and water. The project has access to municipal water but will have on-site septic systems. In addition, relief is requested for the setbacks for Moderate Density Zone -Rear setback required is 30 ft. proposed is 20 ft., Side setback required is 25 ft. and 15 ft. is proposed,the front setback of 30 ft. is not proposed to change. 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. The project minimal to moderate impact on the neighboring properties. The applicant has indicated some lot sizes are similar to adjoining neighborhoods 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 feasible alternatives are available to develop the parcel with compliant lots. 3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. The number of allowable lots would be 22. The setback relief would be 10 ft to the rear and 10 ft to the sides. Lot size relief from 1.43 ac -0.43 acres. 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 impact on the environmental conditions of the site or area. The project would convert an existing leaf dump to residential lots. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes a 45 lot subdivision for a 49.5 acre parcel. The plans show the lot arrangement with two access points to Sherman Avenue. Zoning Board of Appeals 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 Queensbuty Area Variance Resolution To: Approve/Disapprove Applicant Name: Cerrone Land Holdings File Number: AV 5-2022 Location: Sherman Avenue Tax Map Number: 301.18-2-1 ZBA Meeting Date: January 26, 2022; February 23, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Cerrone Land Holdings.Applicant proposes a 45 residential subdivision of a 49.5 acre parcel. The lots range in size from 0.47 ac. to 1.57 acres. The project includes a homeowners association property. There is to be two access points to Sherman Avenue. The sites would have on site septic and be connected to municipal water supply. Project includes a 20 ft. no cut buffer on the north property lines.Planning Board review for a subdivision. Relief requested for lot size and setbacks. Relief Required: The applicant requests relief for lot size and setbacks for proposed subdivision in the Moderate Density Residential zone. MDR. Parcel is_49.5 acres. Section 179-3-040 Dimensional The applicant proposes 45 residential lots ranging in size from 0.47 ac to 1.57 ac where a two acre lot minimum is required where lots do not have access to both sewer and water. The project has access to municipal water but will have on-site septic systems. In addition,relief is requested for the setbacks for Moderate Density Zone -Rear setback required is 30 ft.proposed is 20 ft. Side setback required is 25 ft. and 15 ft. is proposed,the front setback of 30 ft. is not proposed to change. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, January 26, 2022 &February 23, 2022. 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 NO. 5-2022, Introduced by ,who moved for its adoption, seconded by Duly adopted this 23ra Day of February 2022 by the following vote: AYES: NOES: