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Staff Notes Staff Notes ZBA February 16 , 2022 Administrative Items: Approval of Meeting Minutes January 19, 2022 and January 26, 2022 Old Business: AV 57-2021 Brett & Pamela West (Main) AV 58-2021 Brett & Pamela West (Guest) AV 74-2021 Francis & Erin Steinbach Jr. New Business: SV 2-2022 Adirondack Trust Company AV 7-2022 Fritz & Mary Stefanzick Queensbury Zoning Board of Appeals Agenda Meeting: February 16, 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 Administrative Items: Approval of Meeting Minutes for January 19,2022 and January 26,2022 OLD BUSINESS: Applicant(s) Brett&Pamela West Main House Area Variance No AV 57-2021 Owner(s) Brett&Pamela West SEQRA Type Type II Age t s Environmental Design Partner Lot Size 0.91 acres Location 106 Bay Parkway Zoning WR Ward No. Ward 1 Tax Id No 226.15-1-17 Section 179-3-040; 179-6-065; 147 Cross Ref SP 51-2021;SEP 342-2021;PZ 210-2016;PZ 95- Warren County Planning August 2021 2016;PZ 89-2016;SP 37-2009;AV 47-2007;SP 39- February 2022(setbacks& 2007 stormwater device Public Hearing September 29, 2021;October 27, 2021; Adirondack Park Agency ALD December 15, 2021;February 16,2022 Proiect Description: (Revised 111812022)Applicant proposes to demo existing home plus shed and construct a new home with a 5,436 sq.ft.footprint with a garage.Also included is installation of permeable patio area and a covered walkway between the two properties.The new floor area will be 8,670 sq.ft.The project includes site work for new landscaping shoreline and residential house, septic,stormwater management,and permeable driveway area.Project includes a lot line adjustment but no change to lot size. Site plan for new floor area in a CEA and hard surfacing within 50 ft.of the shoreline.Relief requested for setbacks,stormwater device less than 100 ft.from shore,and second garage port cochere. Applicant(s) Brett&Pamela West Guest House Area Variance No AV 58-2021 Owner(s) Brett&Pamela West SEQRA Type Type II Agent(s) Environmental Design Partner Lot Size 0.34 acres Location 108 Bay Parkway Zoning WR Ward No. Ward 1 Tax Id No 226.15-1-16 Section 179-3-040; 179-6-065; 179-4- 050; 147 Cross Ref SP 52-2021;SEP 343-2021;AST 433-2020;DEMO Warren County Planning August 2021 803-2019;PT 802-2019;AV 52-2009;SP 54-2009 February 2022(setbacks& stormwater device Public Hearing September 29, 2021; October 27, 2021; Adirondack Park Agency ALD December 15, 2021;February 16,2022 Proiect Description: (Revised 111812022)Applicant proposes construction of a new home with 3,210 sq.ft.floor area and 2,160 sq.ft. footprint.The home is two story with an attached garage. The project includes a covered walkway from the home to the proposed adjoining home and installation of permeable paver areas for driveway and patio. Site work includes stormwater management with a rain garden,new site plantings,new septic,and new line for drinking water.Project includes a lot line adjustment but no change to lot size. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks,access from adjoining lot,and stormwater device less than 100 ft.from shore. Queensbury Zoning Board of Appeals Agenda Meeting: February 16, 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 Applicant(s) Francis&Erin Steinbach Jr. Area Variance No. AV 74-2021 Owners Francis&Erin Steinbach Jr. SEQRA Type Type II Agent(s) n/a Lot Size 0.22 acres Location 211 Assembly Point Road Zoning WR Ward No. Ward 1 Tax Id No 226.19-2-18 Section 179-3-040; 179-6-065; 179-13-010 Cross Ref SP 70-2021; SP 15-2020; SP 38-1995 Warren County Planning November 2021 &February 2022 Public Hearing November 17, 2021;January 19,2022; Adirondack Park Agency ALD February 16,2022 Proiect Description: (Revised)Applicant proposes to raise an existing 1,352 sq.ft.(footprint)home to install a full basement with a footprint of 1,550 sq.ft. The existing rear deck of 444 sq.ft.to be removed and replaced with a 356 sq.ft. deck.The existing front deck of 220 sq.ft.to be removed and replaced with a 260 sq.ft.deck. The site has approval for 154 sq.ft.rear addition. The existing floor area of 1,949 sq.ft.is increased to 2,786 sq.ft. (30.5%).The project includes replacing the driveway with permeable pavers and new landscape steps to updated entry porch.Site plan for new floor area in a CEA and hard-surfacing within 50 ft.of shoreline. Relief for setbacks of property and shoreline,floor area,and expansion of a nonconforming structure. NEW BUSINESS: Applicant(s) Adirondack Trust Company Sign Variance No. SV 2-2022 Owners Adirondack Trust Company SEQRA Type Unlisted Agent(s) Jon Lapper,Esq. Lot Size 0.29 acres Location 79 Main Street Zoning MS Ward No. Ward 4 Tax Id No 309.10-1-47 Section 140 Cross Ref SV 2-2021;SP 4-2022; SP 19-2021; SP Warren County Planning February 2022 26-2019;PZ(SUP)68-2016;PZ(SV)72- 2016;PZ SP 73-2016 Public Hearing February 16,2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes to install a 45 sq.ft.freestanding monument sign for the Adirondack Trust Bank.The sign materials are acrylic and colors are green,white,and black stone base.The location of the sign has been changed from previous approval in 2021. The existing building 3,860 sq.ft.with no changes. Site plan for sign on Main Street zone.Relief for setbacks. Applicant(s) Fritz&Mary Stefanzick Area Variance No. AV 7-2022 Owners Fritz&Mary Stefanzick SEQRA Type Type II Agent(s) n/a Lot Size 0.4 acres Location 43 Hanneford Road Zoning WR Ward No. Ward 1 Tax Id No 240.6-1-11 Section 179-3-040; 179-13-010; 179-6-065 Cross Ref SP 7-2022;PZ(AV)13-2015;PZ(SP) 16-2015; Warren County Planning February 2022 AV 69-2014;SP 61-2014;AV 27-1994 Public Hearing February 16,2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes a 233 sq.ft.second story addition to an existing 1,434 sq.ft. (footprint)home.There are no changes to the site;all work alterations are interior.The existing floor area is 3,337 sq.ft.and the new floor area is 3,570 sq.ft. Site plan for new floor area in a CEA and expansion of a nonconforming structure.Relief requested for setbacks and expansion. 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 16,2022\Final ZBA Agenda February 16,2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 57-2021 Project Applicant: Brett&Pamela West(Main House) Project Location: 106 Bay Parkway Parcel History: SP 51-2021; SEP 342-2021; PZ 210-2016; PZ 952016; PZ 89-2016; SP 37-2009; AV 47-2007; SP 39-2007 SEQR Type: Type II Meeting Date: February 16,2022 Description of Proposed Project: (Revised 1/18/2022)Applicant proposes to demo existing home plus shed and construct a new home with a 5,436 sq. ft. footprint with a garage. Also included is installation of permeable patio area and a covered walkway between the two properties. The new floor area will be 8,670 sq. ft. The project includes site work for new landscaping shoreline and residential house, septic, stormwater management, and permeable driveway area. Project includes a lot line adjustment but no change to lot size. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, stormwater device less than 100 ft. from shore, and second garage port cochere. Relief Required: The applicant requests relief for construction of a new home needing relief for setbacks, second garage and stormwater device setback to the shoreline. Project is in the Waterfront Residential zone—WR. Parcel is 0.91 acres. The additional variance noted for the shoreline setback for the infiltration device. Section 179-3-040 dimensional, 179-5-020 garages, Chapter 147 Revised February 2022. The new home is to be located 46 ft. to the east shoreline, 35 ft. to the west shoreline where 50 ft. is required. The covered walkway is to be 0 ft. from the west side setback where a 20 ft. setback is required. The project proposes two garages where only one is allowed—the porte-cochere is considered a garage due to width of open sides allowing vehicles. Relief is also requested for setbacks for infiltration device —there are 7 proposed -35 ft, 64 ft, 39 ft, 41 ft, 92 ft, 58 ft, 66 ft where 100 ft is required. Note: Permeability 77.9% is proposed where 75% is required- no permeability relief is requested. The floor area proposed is 8,670 sq.ft. where 8,687 sq.ft. is the maximum size allowed—no floor area relief is requested. 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. The feasible alternatives may be possible to locate the home and stormwater devices in a more compliant location. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to substantial relevant to the code. Relief requested to east shoreline of 4 ft,west shoreline 15 ft. The covered walkway 20 ft. Relief for an additional garage. Relief requested for location of stormwater devices less than 100 ft to the shoreline. 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 applicant has included new stormwater measures that did not exist prior and proposes a new septic system. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to demolish an existing building to construct a new home. The first floor plan shows living room area,kitchen, dining room, the porte-cochere,media room, small office, game room, and a three bay garage. Note the area labeled wet bar will have no kitchen elements. The second floor plan shows bathrooms, closets, bedrooms. The garage has been updated to three bays with no second floor area. The covered walkway extends to the adjoining property also owned by the applicant. The plans show the location of the new home, driveway area, shed location,plantings,patio areas and holding tanks. The plans also include elevations and floor plans. The plans also show a lot line adjustment with the adjoining parcel where no changes to lot size occur for either parcel. Zoning Board of Appeals Community Development Department Staff Notes x Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of Qaecnsbur}, Area Variance Resolution To: Approve/Disapprove Applicant Name: Brett&Pamela West File Number: AV 57-2021 Location: 106 Bay Parkway Tax Map Number: 226.15-1-17 ZBA Meeting Date: September 29, 2021; October 27, 2021;December 15, 2021; February 16,2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Brett&Pamela West. (Revised 111812022)Applicant proposes to demo existing home plus shed and construct a new home with a 5,436 sq. ft. footprint with a garage. Also included is installation of permeable patio area and a covered walkway between the two properties. The new floor area will be 8,670 sq. ft. The project includes site work for new landscaping shoreline and residential house, septic, stormwater management,and permeable driveway area. Project includes a lot line adjustment but no change to lot size. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline.Relief requested for setbacks, stormwater device less than 100 ft. from shore, and second garage port cochere. Relief Required: The applicant requests relief for construction of a new home needing relief for setbacks, second garage and stormwater device setback to the shoreline. Project is in the Waterfront Residential zone—WR. Parcel is 0.91 acres. The additional variance noted for the shoreline setback for the infiltration device. Section 179-3-040 dimensional, 179-5-020 garages, Chapter 147 Revised February 2022. The new home is to be located 46 ft.to the east shoreline, 35 ft. to the west shoreline where 50 ft. is required. The covered walkway is to be 0 ft. from the west side setback where a 20 ft. setback is required. The project proposes two garages where only one is allowed—the porte-cochere is considered a garage due to width of open sides allowing vehicles. Relief is also requested for setbacks for infiltration device —there are 7 proposed -35 ft, 64 ft, 39 ft, 41 ft, 92 ft, 58 ft, 66 ft where 100 ft is required. Note: Permeability 77.9% is proposed where 75% is required.-no permeability relief is requested. The floor area proposed is 8,670 sq.ft. where 8,687 sq.ft. is the maximum size allowed—no floor area relief is requested. SEQR Type II—no further review required; A public hearing was advertised and held on September 29, 2021, October 27, 2021, December 15, 2021, & February 16, 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 by 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. 57-2021, Introduced by ,who moved for its adoption, seconded by Duly adopted this 16th Day of February 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 58-2021 Project Applicant: Brett& Pamela West(Guest House) Project Location: 108 Bay Parkway Parcel History: SP 52-2021; SEP 343-2021; AST 433-2020; DEMO 803-2019; PT 802-2019; AV 52- 2009; SP 54-2009 SEQR Type: Type II Meeting Date: February 16, 2022 Description of Proposed Project: (Revised 1/1812022)Applicant proposes construction of a new home with 3,210 sq. ft. floor area and 2,160 sq. ft. footprint. The home is two story with an attached garage. The project includes a covered walkway from the home to the proposed adjoining home and installation of permeable paver areas for driveway and patio. Site work includes stormwater management with a rain garden, new site plantings,new septic, and new line for drinking water. Project includes a lot line adjustment but no change to lot size. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks, access from adjoining lot, and stormwater device less than 100 ft. from shore. Relief Required: The applicant requests relief for construction of a new home and associated site work needing relief for setbacks and access from adjoining lot for the construction of a new single-family home in the Waterfront Residential Zone—WR. The parcel is 0.34 acres. The additional variance noted for the shoreline setback for the infiltration device. Section 179-3-040 dimensional Revised February 2022. The covered walkway is to be 0 ft. from the east side setback where a 20 ft. setback is required. The home is to be 10 ft. from the east property line where a 20 ft. setback is required. Note—the East property line has been adjusted to accommodate a setback with no changes to the lot size. Relief is also requested to access the parcel from the adjoining lot and not the lot the project is on. Relief for the infiltration device to the shoreline—three proposed at 45 ft, 49 ft, and 72 ft where a 100 ft setback is required. Note permeability is proposed at 78.5%and 75% is required—no permeability relief is requested;floor area is proposed at 3,210 sq.ft. and the maximum allowed is 3,212 sq.ft. —no floor area relief requested. 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. The feasible alternatives may be possible to reduce the overall size of the home, increase permeability. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to substantial relevant to the code. Relief requested covered walkway 20 ft. The east property line relief is 10 ft. Relief for access. Relief for stormwater device within 100 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 may be considered to have minimal impact on the environmental conditions of the site or area. The applicant has included new stormwater measures that did not exist prior and proposes a new septic system. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• The applicant proposes the new home to be constructed is 2,160 sq. ft. footprint home with an attached garage. The project includes patio areas, and a covered walkway section to connect to the adjoining property owners proposed home the same individuals own the properties. The new home is to be 3,210 sq ft floor area. The first floor plan shows dining room area, living room area, kitchen, garage, a bedroom. The second floor shows two bedrooms, bathrooms, loft area, sauna. The garage is an open area with no second floor. The plans show the location of the proposed home on the site with associated driveway area, patios, holding tanks,plantings. 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 r Toim of Queensbuty Area Variance Resolution To: Approve/Disapprove Applicant Name: Brett&Pamela West File Number: AV 58-2021 Location: 108 Bay Parkway Tax Map Number: 226.15-1-16 ZBA Meeting Date: September 29, 2021; October 27, 2021;December 15, 2021; February 16,2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Brett& Pamela West. (Revised 1/1812022)Applicant proposes construction of a new home with 3,210 sq. ft. floor area and 2,160 sq. ft. footprint. The home is two story with an attached garage. The project includes a covered walkway from the home to the proposed adjoining home and installation of permeable paver areas for driveway and patio. Site work includes stormwater management with a rain garden,new site plantings, new septic, and new line for drinking water. Project includes a lot line adjustment but no change to lot size. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks, access from adjoining lot, and stormwater device less than 100 ft. from shore. Relief Required: The applicant requests relief for The applicant requests relief for construction of a new home and associated site work needing relief for setbacks and access from adjoining lot for the construction of a new single-family home in the Waterfront Residential Zone—WR. The parcel is 0.34 acres. The additional variance noted for the shoreline setback for the infiltration device. Section 179-3-040 dimensional Revised February 2022. The covered walkway is to be 0 ft. from the east side setback where a 20 ft. setback is required. The home is to be 10 ft. from the east property line where a 20 ft. setback is required. Note—the East property line has been adjusted to accommodate a setback with no changes to the lot size. Relief is also requested to access the parcel from the adjoining lot and not the lot the project is on. Relief for the infiltration device to the shoreline-three proposed at 45 ft, 49 ft, and 72 ft where a 100 ft setback is required. Note permeability is proposed at 78.5%and 75% is required—no permeability relief is requested;floor area is proposed at 3,210 sq.ft. and the maximum allowed is 3,212 sq.ft. —no floor area relief requested. SEQR Type II—no further review required; A public hearing was advertised and held on September 29, 2021, October 27, 2021, December 15, 2021, & February 16, 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 (qpproval) / 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. 58-2021, Introduced by ,who moved for its adoption, seconded by Duly adopted this 16th Day of February 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 74-2021 Project Applicant: Francis & Erin Steinbach Project Location: 211 Assembly Point Drive Parcel History: SP 70-2021; SP 15-2020; SP 38-1995 SEQR Type: Type II Meeting Date: February 16, 2022 Description of Proposed Project: (Revised)Applicant proposes to raise an existing 1,352 sq. ft. (footprint)home to install a full basement with a footprint of 1,550 sq. ft. The existing rear deck of 444 sq. ft.to be removed and replaced with a 356 sq. ft. deck. The existing front deck of 220 sq. ft. to be removed and replaced with a 260 sq. ft. deck. The site has approval for 154 sq. ft. rear addition. The existing floor area of 1,949 sq. ft. is increased to 2,632 sq. ft. (28.8%). The project includes replacing the driveway with permeable pavers and new landscape steps to updated entry porch. Site plan for new floor area in a CEA and hard-surfacing within 50 ft. of shoreline. Relief for setbacks of property and shoreline, floor area, and expansion of a nonconforming structure. Relief Required: The applicant requests relief for setbacks, floor area, and expansion of a nonconforming structure for construction of a basement area and deck areas. The project is located in the Waterfront Residential zone on a 9,138 sq. ft. parcel. The additional variance noted for the shoreline setback for the front deck. Section 179-3-040 dimensional requirements The applicant proposes expansion of a non-conforming structure. The rear deck is to be 2.4 ft. from the north property line. The front deck is to be located 4.3 ft. from the south property line and 15.8 ft. from the front (east)property line (no change). The house foundation to be 22.2 ft. from the Front, 3.2 ft. from the South, and 2.4 ft. from the North at the closest points between the house and property line. Front setback required is 30 ft., side setback 20 ft., rear setback 30 ft. and shoreline setback is 76 ft. average of the two adjoining homes. The floor area was reduced to 28.8% from 30.5% (2,632 sq. ft.)where 22% is maximum allowed(2010.36 sq. ft). Notingpermeability relief is not required as there is an increase in permeability: The proposed permeability is to be 71.7%where 75% is required and 71% is existing; the driveway area is to be converted to a permeable paver block area. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination,the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance.Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.Feasible alternatives may be considered to reduce the relief requested. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to substantial relevant to the code. Relief for the front deck 60.2 feet, south side is 16.8 ft., and the rear deck north side is 17.6 ft. Floor area is 6.8%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. 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 alterations to an existing home where the home is to be lifted to reconfigure the existing one bay garage to add an additional bay and then the remaining spaces to be used for storage. Relief is requested for three sides of the home as there are new foundation walls. The front deck has been revised to be reduced in size with no change from the original shoreline setback and the rear deck remains the same. The plans show the location of the decks and the new basement area. The project includes new entry steps planter bed areas. 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 To►m of C_ueensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Francis&Erin Steinbach Jr. File Number: AV 74-2021 Location: 211 Assembly Point Rd. Tax Map Number: 226.19-2-18 ZBA Meeting Date: November 17, 2021; January 19, 2022; February,16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Francis &Erin Steinbach,Jr. (Revised)Applicant proposes to raise an existing 1,352 sq. ft. (footprint)home to install a full basement with a footprint of 1,550 sq. ft. The existing rear deck of 444 sq.ft.to be removed and replaced with a 356 sq. ft. deck. The existing front deck of 220 sq. ft. to be removed and replaced with a 260 sq. ft. deck. The site has approval for 154 sq. ft. rear addition. The existing floor area of 1,949 sq ft. is increased to 2,632 sq. ft. (28.8%). The project includes replacing the driveway with permeable'pavers and new landscape steps to updated entry porch. Site plan for new floor area in a CEA and hard-surfacing within 50 ft. of shoreline. Relief for setbacks of property and shoreline, floor area,and expansion of a nonconforming structure. Relief Required: The applicant requests relief for setbacks, floor area, and expansion of a nonconforming structure for construction of a basement area and deck areas. The project is located in the Waterfront Residential zone on a 9,138 sq. ft. parcel. The additional variance noted for the shoreline setback for the front deck. Section 179-3-040 dimensional requirements The applicant proposes expansion of a non-conforming structure. The rear deck is to be 2.4 ft. from the north property line. The front deck is to be located 4.3 ft. from the south property line and 15.8 ft. from the front (east)property line(no change). The house foundation to be 22.2 ft. from the Front, 3.2 ft. from the South, and 2.4 ft. from the North at the closest points between the house and property line. Front setback required is 30 ft., side setback 20 ft., rear setback 30 ft. and shoreline setback is 76 ft. average of the two adjoining homes. The floor area was reduced to 28.8%from 30.5% (2,632 sq. ft.)where 22% is maximum allowed(2010.36 sq. ft). Noting permeability relief is not required as there is an increase in permeability: The proposed permeability is to be 71.7%where 75% is required and 71% is existing; the driveway area is to be converted to a permeable paver block area. SEQR Type II—no further review required; A public hearing was advertised and held on November 17, 2021, January 19, 2022, &February 16, 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. 74-2021, Introduced by _ ,who moved for its adoption, seconded by Duly adopted this 16th Day of February 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 2-2022 Project Applicant: Adirondack Trust Company Project Location: 79 Main Street Parcel History: SV 2-2021; SP 4-2022; SP 19-2021; SP 26-2019;PZ(SUP)68-2016; PZ(SV)72-2016; PZ(SP) 73-2016 SEQR Type: Unlisted Meeting Date: February 16,2022 Description of Proposed Project: Applicant proposes to install a 45 sq. ft. freestanding monument sign for the Adirondack Trust Bank. The sign materials are acrylic and colors are green, white, and black stone base. The location of the sign has been changed from previous approval in 2021. The existing building 3,860 sq. ft. with no changes. Site plan for sign on Main Street zone. Relief for setbacks. Relief Required: The applicant requests relief for sign setbacks in the Main Street zone MS. Section 140—signs The sign is to be located 0.9 ft. from the property line where a 15 ft. setback is required. Criteria for considering a Sign Variance according to Chapter 140 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 sign variance. Minimal to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be considered to be limited due to the requirements for the building location. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. Relief is requested for 14.1 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 may have minimal to no impact on the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may not be self created due to the Main Street requirements for setbacks. Staff comments: The applicant proposes to locate a free standing sign 0.9 ft. from the front property line. The existing bank building was completed recently. The plans show the location of the sign and the design of the sign. . Zoning Board of Appeals—Record of Resolution i Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Tbi n of Queensbury Sign Variance Resolution To: Approve/Disapprove Applicant Name: Adirondack Trust Company File Number: SV 2-2022 Location: 79 Main Street Tax Map Number: 309.10-1-47 ZBA Meeting Date: February 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Adirondack Trust Company. Applicant proposes to install a 45 sq. ft. freestanding monument sign for the Adirondack Trust Bank. The sign materials are acrylic and colors are green, white, and black stone base. The location of the sign has been changed from previous approval in 2021. The existing building 3,860 sq. ft. with no changes. Site plan for sign on Main Street zone. Relief for setbacks. Relief Required: The applicant requests relief for sign setbacks in the Main Street zone --MS. Section 140—signs The sign is to be located 0.9 ft. from the property line where a 15 ft. setback is required. SEQR Type: Unlisted [Resolution/Action Required for SEQR] Motion regarding Sign Variance No.2-2022.Applicant Name: Adirondack Trust Company, based upon the information and the analysis of the above supporting documentation provided by the applicant,this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 16th Day of February 2022, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, February 16, 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. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition,the Board finds that the benefit to the applicant from granting the requested variance would outweigh(approval)/would be outweighed by(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) , Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the following A;through E): A. The variance approval is valid for one (1)year from the date of approval;you may request an extension of approval before the one (1)year time frame expires; B. If the property is located within the Adirondack Park,the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA's review is completed; C. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building& codes personnel' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application;review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Based on the above findings I make a MOTION TO APPROVE/DENY Sign Variance SV 2-2022, Adirondack Trust Company,Introduced by , who moved for its adoption, seconded by Duly adopted this 16"Day of February 2022, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 7-2022 Project Applicant: Fritz& Mary Stefanzick Project Location: 43 Hanneford Road Parcel History: SP 7-2022; PZ(AV)13-2015; PZ(SP) 16-2015; AV 69-2014; SP 61-2014; AV 27-1994 SEQR Type: Type II Meeting Date: February 16, 2022 Description of Proposed Project: Applicant proposes a 233 sq. ft. second story addition to an existing 1,434 sq. ft. (footprint)home. There are no changes to the site; all work alterations are interior. The existing floor area is 3,337 sq. ft. and the new floor area is 3,570 sq. ft. Site plan for new floor area in a CEA and expansion of a nonconforming structure. Relief requested for setbacks and expansion. Relief Required: The applicant requests relief for setbacks and expansion of a nonconforming structure for construction of a second story addition. The project is located in the Waterfront Residential zone on a 18,295 sq. ft.parcel. Section 179-3-040 dimensional requirements, 179-13-010 expansion The addition is to be located 16 ft from the south property line where a 30 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. 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 as the existing home is currently nonconforming. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief for the new construction setback is 14 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 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 233 sq ft addition for an office area over the existing sun room. There are no site changes proposed. The plans show the exterior elevations with the changes and the interior changes to the home. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Torn of Qreensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Fritz&Mary Stefanzick File Number: AV 7-2022 Location: 43 Hanneford Road Tax Map Number: 240.6-1-11 ZBA Meeting Date: February 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Fritz& Mary Stefanzick. Applicant proposes a 233 sq. ft. second story addition to an existing 1,434 sq. ft. (footprint)home. There are no changes to the site; all work alterations are interior. The existing floor area is 3,337 sq. ft. and the new floor area is 3,570 sq. ft. Site plan for new floor area in a CEA and expansion of a nonconforming structure. Relief requested for setbacks and expansion. Relief Required: The applicant requests relief for setbacks and expansion of a nonconforming structure for construction of a second story addition. The project is located in the Waterfront Residential zone on a 18,295 sq. ft. parcel. Section 179-3-040 dimensional requirements, 179-13-010 expansion The addition is to be located 16 ft. from the south property line where a 30 ft. setback is required. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,February 16, 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. 7-2022, Introduced by ,who moved for its adoption, seconded by Duly adopted this 16th Day of February 2022 by the following vote: AYES: NOES: