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Staff Notes Staff Notes ZBA March 16 , 2022 Administrative Items: Approval of Meeting Minutes February 16, 2022 and February 23, 2022 Old Business: AV 57-2021 Brett & Pamela West (Main) AV 5-2022 Cerrone Land Holdings New Business: AV 8-2022 Ronald Seguljic AV 9-2022 Katharine Seelye AV 10-2022 Tim & Jane Badger AV 11-2022 Harris Bay Yacht Club Queensbury Zoning Board of Appeals Agenda Meeting: March 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 February 16,2022 and February 23,2022 OLD BUSINESS: Applicant(s) Brett&Pamela West Main House Area Variance No AV 57-2021 Owner(s) Brett&Pamela West SEQRA Type Type II Agent(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 95-2016;PZ Warren County Planning August 2021 89-2016;SP 37-2009;AV 47-2007;SP 39-2007 February 2022(setbacks& stormwater device Public Hearing September 29, 2021;October 27, 2021;December Adirondack Park Agency ALD 15, 2021;February 16, 2022;March 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) 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 January 26, 2022;February 23, 2022;March 16,2022 Adirondack Park Agency n/a Proiect 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. NEW BUSINESS: Applicant(s) Ronald Se ul'ic Area Variance No AV 8-2022 Owner(s) Ronald Seguljic SEQRA Type Type II A ent s Dennis MacElro /Chris Keil Lot Size 0.26 acres Location 32 Forest Rd. Zoning WR Ward No. Ward 1 Tax Id No 226.19-1-41 Section 179-3-040; 179-6-065 Cross Ref SP 9-2022 Warren County Planning March 2022 Public Hearing March 16,2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes to alter the existing home to construct a 276 sq.ft.addition,a 150 sq.ft.patio area to the rear,an 84.5 sq.ft.covered front porch,and a lower level for a garage and living area(1,237.87 sq.ft.).The existing home footprint is 965 sq.ft.with a 190 sq.ft.porch/deck. The existing floor area is 965 sq.ft.and proposed is 2,592.71 sq.ft. Project includes new septic s stem,well,driveway area,and swale areas. Site plan for new floor area.Relief requested for setbacks and floor area. Queensbury Zoning Board of Appeals Agenda Meeting: March 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) Katharine Seel ye Area Variance No AV 9-2022 Owner(s) Katharine Seelye SEQRA Type Type II Agent(s) Ethan Hall Rucinski Hall Architecture Lot Size 0.62 acres Location 14 Crooked Tree Drive Zoning WR Ward No. Ward 1 Tax Id No 239.15-1-10 Section 179-3-040; 179-13-010; 179- 6-050 Cross Ref SP 11-2022;AV 70-2017;AV 53-2017;SP 55-2017 Warren County Planning March 2022 Public Hearing March 16,2022 Adirondack Park Agency ALD Project Description: Applicant proposes a second story dormer(136 sq.ft.)and interior alterations.The dormer addition is to be open below and the existing loft to be enclosed for a bunk-room.The project includes fagade changes with new windows to be installed on the main floor and upper floor.The existing home with a footprint of 1,289 sq.ft.,deck/porch 700 sq.ft.,and floor area of 2,788 sq.ft.have no changes.No site work is proposed. Site plan for expansion of a nonconforming structure in a CEA.Relief requested for shoreline setbacks. Applicant(s) Tim&Jane Badger Area Variance No. AV 10-2022 Owners Tim&Jane Badger SEQRA Type Type II Agent(s) Ethan Hall Rucinski Hall Architecture Lot Size 0.23 acres Location 22 Wilson Street Zoning MDR Ward No. Ward 2 Tax Id No 302.8-2-53 Section 179-3-040; 179-4-080 Cross Ref n/a Warren County Planning March 2022&City of Glens Falls Public Hearing March 16,2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes to construct a 269 sq.ft. single story sun room addition.The project includes removal of a portion of the existing outdoor deck.The home is on a corner parcel fronting on two streets.The existing home is 1,425 sq.ft.with deck/porch area of 348 sq.ft.to remain. Relief requested for setbacks. Applicant(s) Harris Bay Yacht Club Area Variance No. AV 11-2022 Owners Harris Bay Yacht Club SEQRA Type TypeII Agent(s) SRA Engineers,Erik Sandblom PE Lot Size 17.16 acres Location 2712 State Route 9 Zoning SPLIT(WR&LC-42A) Ward No. Ward 1 Tax Id No 240.-1-23.1 Section 179-3-040; 179-10-070; 179-5-060 Cross Ref SP 18-2022;SUP 1-2022 Warren County Planning March 2022 Public Hearing March 16,2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes to remove and replace the cashier building of 109 sq.ft. and the storage building of 200 sq. ft.located on Dock C.The existing club house of 3,172 sq.ft. is to remain the same with no improvements.The project includes replacing the floating dock system which includes 271 seasonal berthing slips to members,winter storage up to 300 vessels,sales and service of marine products,fuel sales and on-site pump-out services.The project also includes replacing existing steel piles with driven PVC reinforced piles,replace existing concrete pads at shoreline.New lines for water,sewer and electric to be installed as part of project.Upgrades include fire safety and lighting on the docking system. Site plan for site work at Marina and hard surfacing within 50 ft.of the shoreline.Marina operations subject to a Special Use Permit.Relief for setbacks of structures being replaced. 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\March 16,2022\Final ZBA Agenda March 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 95-2016; PZ 89-2016; SP 37-2009; AV 47-2007; SP 39-2007 SEAR Type: Type II Meeting Date: March 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 Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 f Town of Queensbury 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; March 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 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. 57-2021, Introduced by ,who moved for its adoption, seconded by Duly adopted this 16th Day of March 2022 by the following vote: AYES: NOES: 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 Meeting Date: March 16, 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 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. 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 would have 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. The lot arrangement also shows the Homeowners Association land and the applicant has noted services would be part of the agreement i.e. garbage removal, septic pump outs etc. The board may wish to discuss constrains of the property for decks,pools, sheds as common accessory buildings. 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 Qucensbur} 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; March 16, 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 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. 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. SEQR Type I Coordinated; A public hearing was advertised and held on January 26, 2022,February 23, 2022, &March 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. 5-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 16"Day of March 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 8-2022 Project Applicant: Ronald Seguljic Project Location: 32 Forest Road Parcel History: SP 9-2022 SEQR Type: Type II Meeting Date: March 16, 2022 Description of Proposed Project: Applicant proposes to alter the existing home to construct a 276 sq. ft. addition, a 150 sq. ft. patio area to the rear, an 84.5 sq. ft. covered front porch, and a lower level for a garage and living area(1,237.87 sq. ft.). The existing home footprint is 965 sq. ft. with a 190 sq. ft. porch/deck. The existing floor area is 965 sq. ft. and proposed is 2,592.71 sq. ft. Project includes new septic system, well, driveway area, and swale areas. Site plan for new floor area. Relief requested for setbacks and floor area. Relief Required: The applicant requests relief for setbacks and floor area for the construction of an addition, and covered entry. The project is located in the WR zone on a parcel of 11,250 sq. ft Section 179-3-040 dimensional The covered porch of 84.5 sq. ft. on the front of the home is to be located 26 ft. where a 30 ft. setback is required; the rear addition of 276 sq. ft. is to be 26 ft. from the rear property line where a 30 ft. setback is required. The floor area is to be 2,592.71 (23%) where 2475(22%) is the maximum allowed as the foundation area will add a garage, bedroom and living space. 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 may be considered to have little to no impact on the neighboring properties. 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 feasible to be more compliant with the code in relation to floor area. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. The rear and front setback relief is 4 ft. and the floor area is 1% in excess of the maximum 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 as proposed may be considered to have minimal impact on the environmental conditions of the site or area. A new septic was approved by variance and the well would be new. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes additions and alterations to an existing home. The plans show the existing home as one story and the proposed home with a new garage and living space under the existing home. The floor plans show the first floor with a three season room, sun porch and 2 bedrooms;the foundation floor plan indicates a garage area, a third bedroom and living space. 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 Qucensbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Ronald Seguljic File Number: AV 8-2022 Location: 32 Forest Road Tax Map Number: 226.19-1-41 ZBA Meeting Date: March 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Ronald Seguljic. Applicant proposes to alter the existing home to construct a 276 sq. ft. addition, a 150 sq. ft. patio area to the rear, an 84.5 sq. ft. covered front porch, and a lower level for a garage and living area(1,237.87 sq. ft.). The existing home footprint is 965 sq. ft. with a 190 sq. ft. porch/deck. The existing floor area is 965 sq. ft. and proposed is 2,592.71 sq. ft. Project includes new septic system, well, driveway area, and swale areas. Site plan for new floor area. Relief requested for setbacks and floor area. Relief Required: The applicant requests relief for setbacks and floor area for the construction of an addition, and covered entry. The project is located in the WR zone on a parcel of 11,250 sq. ft Section 179-3-040 dimensional The covered porch of 84.5 sq. ft. on the front of the home is to be located 26 ft. where a 30 ft. setback is required; the rear addition of 276 sq. ft. is to be 26 ft. from the rear property line where a 30 ft. setback is required. The floor area is to be 2,592.71 (23%)where 2475(22%) is the maximum allowed as the foundation area will add a garage, bedroom and living space. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, March 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 TBE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 8-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 16th Day of March 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 9-2022 Project Applicant: Katharine Seelye Project Location: 14 Crooked Tree Drive Parcel History: SP 11-2022; AV 70-2017; AV 53-2017; SP 55-2017 SEQR Type: Type II Meeting Date: March 16, 2022 Description of Proposed Project: Applicant proposes a second story dormer(136 sq. ft.) and interior alterations. The dormer addition is to be open below and the existing loft to be enclosed for a bunk-room. The project includes fagade changes with new windows to be installed on the main floor and upper floor. The existing home with a footprint of 1,289 sq. ft., deck/porch 700 sq. ft., and floor area of 2,788 sq. ft. have no changes.No site work is proposed. Site plan for expansion of a nonconforming structure in a CEA. Relief requested for shoreline setbacks. Relief Required: The applicant requests relief for shoreline setbacks for the construction of a dormer. The project site is in the WR zone and is located on 0.37 ac. Section 179-3-040 dimensional The dormer is to be located 33 ft. to the shoreline where a 75 ft. setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination,the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood character may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the location of the existing home. The existing home is a non-conforming structure. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief requested 42 ft for the shoreline setback. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The existing home footprint of 1,209 sq ft and 700 sq ft deck/porch is to remain. The addition is to the second floor for a dormer that is open to the porch below—no new floor area. The plans show the main floor plan existing where most of the work on the main floor is the three season porch and office area, exterior fagade and windows. The second floor area shows the existing condition of three bedrooms on the lake side and then the proposed were the middle bedroom is converted to open loft area and the area above the three season porch to a dormer with area open to the porch area below—allowing additional window light for the porch area. The plans show the elevation views existing and proposed. 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 Toitin of Qaecnsbujy Area Variance Resolution To: Approve/Disapprove Applicant Name: Katharine Seelye File Number: AV 9-2022 Location: 14 Crooked Tree Drive Tax Map Number: 239.15-1-10 ZBA Meeting Date: March 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Katharine Seelye. Applicant proposes a second story dormer(136 sq. ft.) and interior alterations. The dormer addition is to be open below and the existing loft to be enclosed for a bunk-room. The project includes fagade changes with new windows to be installed on the main floor and upper floor. The existing home with a footprint of 1,289 sq. ft., deck/porch 700 sq. ft., and floor area of 2,788 sq. ft. have no changes.No site work is proposed. Site plan for expansion of a nonconforming structure in a CEA. Relief requested for shoreline setbacks. Relief Required: The applicant requests relief for shoreline setbacks for the construction of a dormer. The project site is in the WR zone and is located on 0.37 ac. Section 179-3-040 dimensional The dormer is to be located 33 ft. to the shoreline where a 75 ft. setback is required. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday,March 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. 9-2022, Introduced by ,who moved for its adoption, seconded by Duly adopted this 16th Day of March 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 10-2022 Project Applicant: Tim& Jane Badger Project Location: 22 Wilson Street Parcel History: n/a SEQR Type: Type II Meeting Date: March 16, 2022 Description of Proposed Project: Applicant proposes to construct a 269 sq. ft. single story sun room addition. The project includes removal of a portion of the existing outdoor deck. The home is on a corner parcel fronting on two streets. The existing home is 1,425 sq. ft. with deck/porch area of 348 sq. ft. to remain. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for a sunroom addition. The parcel is located in the MDR zone on a 0.23 ac. Section 179-3-040 dimensional The sunroom addition is to be located 18 ft. 7 inches from the property line where a 30 ft. setback is required. The parcel is a corner lot where there are only front and rear setbacks. 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 limited due to the location the existing home on the lot. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested is 11 ft 5 inches. 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 sun porch addition to the existing home. The home is located on a corner lot where the front and rear setbacks are the same. There is no change to the existing house layout or access to the home. The plans show the location of the sunporch and the elevation views. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 7o;vn of CZirecnsbury Area Variance Resolution To: Approve/Disapprove Applicant Name: Tim& Jane Badger File Number: AV 10-2022 Location: 22 Wilson Street Tax Map Number: 302.8-2-53 ZBA Meeting Date: March 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Tim &Jane Badger. Applicant proposes to construct a 269 sq. ft. single story sun room addition. The project includes removal of a portion of the existing outdoor deck. The home is on a corner parcel fronting on two streets. The existing home is 1,425 sq. ft. with deck/porch area of 348 sq. ft. to remain. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for a sunroom addition. The parcel is located in the MDR zone on a 0.23 ac. Section 179-3-040 dimensional The sunroom addition is to be located 18 ft. 7 inches from the property line where a 30 ft. setback is required. The parcel is a corner lot where there are only front and rear setbacks. SEQR Type H—no further review required; A public hearing was advertised and held on Wednesday,March 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. 10-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 16th Day of March 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 11-2022 Project Applicant: Harris Bay Yacht Club Project Location: 2712 State Route 9 Parcel History: SP 18-2022; SUP 1-2022 SEQR Type: Type II Meeting Date: March 16, 2022 Description of Proposed Project: Applicant proposes to remove and replace the cashier building of 109 sq. ft. and the storage building of 200 sq. ft. located on Dock C. the existing club house of 3,172 sq. ft. is to remain the same with no improvements. The project includes replacing the floating dock system which includes 271 seasonal berthing slips to members, winter storage up to 300 vessels, sales and service of marine products, fuel sales and on-site pump-out services. The project also includes replacing existing steel piles with driven PVC reinforced piles, replace existing concrete pads at shoreline.New lines for water, sewer and electric to be installed as part of project. Upgrades include fire safety and lighting on the docking system. Site plan for site work at Marina and hard surfacing within 50 ft. of the shoreline. Marina operations subject to a Special Use Permit. Relief for setbacks of structures being replaced. Relief Required: The applicant requests relief for setbacks of structures being replaced. The project site is in the Waterfront Residential zone WR and is a lot of 7 plus acres for the shoreline side—the total parcel is 17.16 ac. Section 179-3-040 dimensional. The storage building is 0 ft from the shoreline where a 50 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 limited due to the location of the existing storage building and the arrangement of the marina operations on the site. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The storage building is 0 ft from the shoreline where a 50 ft setback is required. The applicant has explained the building is a replacement in-kind. 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 to the physical or environmental conditions in the neighborhood or district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to replace a storage building of 200 sq ft in the same location at the shoreline. The plans show the location and elevation views of the storage building. 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 Qucensbuny Area Variance Resolution To: Approve/Disapprove Applicant Name: Harris Bay Yacht Club File Number: AV 11-2022 Location: 2712 State Route 9 Tax Map Number: 240.4-23.1 ZBA Meeting Date: March 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Harris Bay Yacht Club. Applicant proposes to remove and replace the cashier building of 109 sq. ft. and the storage building of 200 sq. ft. located on Dock C. The existing club house of 3,172 sq. ft. is to remain the same with no improvements. The project includes replacing the floating dock system which includes 271 seasonal berthing slips to members, winter storage up to 300 vessels, sales and service of marine products, fuel sales and on-site pump-out services. The project also includes replacing existing steel piles with driven PVC reinforced piles, replace existing concrete pads at shoreline.New lines for water, sewer and electric to be installed as part of project. Upgrades include fire safety and lighting on the docking system. Site plan for site work at Marina and hard surfacing within 50 ft. of the shoreline. Marina operations subject to a Special Use Permit.Relief for setbacks of structures being replaced. Relief Required: The applicant requests relief for setbacks of structures being replaced. The project site is in the Waterfront Residential zone WR and is a lot of 7 plus acres for the shoreline side—the total parcel is 17.16 ac. Section 179-3-040 dimensional. The storage building is 0 ft from the shoreline where a 50 ft setback is required. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, March 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. 11-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 16th Day of March 2022 by the following vote: AYES: NOES: