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03-16-2022 (Queensbury ZBA Meeting 03/16/2022) QUEENSBURYZONINGBOARD OFAPPEATS FIRSTREGUTAR MEETING MARCHI6TH 2O22 INDEX Area Variance No.57-2021 Brett&Pamela West(Main House) 2. Tax Map No.226.15-1-17 Area Variance No.5-2022 Cerrone Land Holdings 2. Tax Map No. 301.1E-2-1 Area Variance No. S-2022 Ronald Seguljic 3. Tax Map No.226.19-1-41 Area Variance No. 9-2022 Katharine Seelye 7. Tax Map No.239.15-1-10 Area Variance No.10-2022 Tim&Jane Badger 10. Tax Map No. 302.E-2-53 Area Variance No.11-2022 Harris Bay Yacht Club 13. Tax Map No.240.-1-23.1 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH'S MINUTES(IF ANY)AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury ZBA Meeting 03/16/2022) QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING MARCH 16,2022 7.00 P.M. MEMBERS PRESENT JAMES UNDERWOOD,ACTING CHAIRMAN ROY URRICO,SECRETARY JOHN HENKEL BRENT MC DEVITT CATHERINE HAMLIN BRADY STARK,ALTERNATE MEMBERS ABSENT RONALD KUHL MICHAEL MC CABE LAND USE PLANNER-LAURA MOORE STENOGRAPHER-KAREN DWYRE MR. UNDERWOOD-Good evening and welcome to the March 16`h, 2022 meeting of the Queensbury Zoning Board of Appeals. This evening we will have a few items that we have to deal with early on here. We do not have a full Board sitting this evening and I'll note that the first two items that we had on our agenda this evening we're waiting for a full Board to sit. So we're going to have tabling motions for those two until next week. However, if you're here to listen or to give commentary tonight we will open the public hearing on those when those come upon the agenda. First upon the agenda this evening is approval of meeting minutes for February 16`h and February 23rd,2022. APPROVAL OF MINUTES February 16`h,2022 MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING MINUTES OF FEBRUARY 16TK,2022,Introduced by John Henkel who moved for its adoption,seconded by Catherine Hamlin: Duly adopted this 16`h day of March,2022,by the following vote: AYES: Mr. Stark,Mrs.Hamlin,Mr.Henkel,Mr. Urrico, Mr. Underwood NOES: NONE ABSTAINED: Mr. McDevitt ABSENT: Mr. McCabe February 23rd,2022 MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING MINUTES OF FEBRUARY 23rd,2022,Introduced by John Henkel who moved for its adoption,seconded by Catherine Hamlin: Duly adopted this 16`h day of March,2022,by the following vote: AYES: Mr. Urrico, Mr. Henkel,Mrs. Hamlin,Mr. Stark,Mr. Underwood NOES: NONE ABSTAINED: Mr. McDevitt ABSENT: Mr. McCabe MR. UNDERWOOD-First up on the agenda this evening under Old Business is Brett & Pamela West. The location is 106 Bay Parkway,Ward 1. 2 (Queensbury ZBA Meeting 03/16/2022) OLD BUSINESS: AREA VARIANCE NO. 57-2021 SEQRA TYPE TYPE 11 BRETT &z PAMELA WEST (MAIN HOUSE) AGENT(S) ENVIRONMENTAL DESIGN PARTNER OWNER(S) BRETT&z PAMELA WEST ZONING WR LOCATION 106 BAY PARKWAY (REVISED 0 1111 812 0 2 2)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. CROSS REF SP 51-2021; SEP 342-2021; PZ 210-2016 ; PZ 95-2016; PZ 89-2016; SP 37-2009; AV 47-2007, SP 39-2007 WARREN COUNTY PLANNING AUGUST 2021, FEBRUARY 2022 (SETBACKS &z STORMWATER DEVICE) ADIRONDACK PARK AGENCY ALD LOT SIZE 091 ACRES TAX MAP NO.226.15-1-17 SECTION 179-3-040;179-6- 065;147 MR. UNDERWOOD-As explained earlier in the meeting we're going to be tabling this meeting until next Wednesday evening when we have a full Board sitting,but at this time what I would like to do is open the public hearing and see if there's anybody from the public who came this evening to speak about this project. PUBLIC HEARING OPENED MR. UNDERWOOD-Seeing as there's not I'll make a motion to table. The Zoning Board of Appeals of the Town of Queensbury has received an application from Brett&z Pamela West. (Revised 10/4/2021)Applicant proposes to demo existing home and construct a new home with a 5,004 sq.ft.footprint(building footprint of 4,628 sq.ft.and porte-cochere of 376 sq.ft.)and a patio area of 825 sq. ft. (1,649 sq. ft. x 500/o for permeable paving). The new floor area will be 8,764 sq. ft. including a detached 500 sq. ft. barn, the porte-cochere, and a covered walkway. The project includes site work for new landscaping shoreline and residential house, septic, stormwater management, driveway area, a covered walkway between the main home and a proposed home on the adjoining parcel. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, additional garage,size of accessory structure total, and floor area. MOTION TO TABLE AREA VARIANCE NO.57-2021 BRETT&z PAMELA WEST(MAIN HOUSE), Introduced by James Underwood who moved for its adoption,seconded by Brent McDevitt: Tabled to the March 23rd,2022 Queensbury Zoning Board of Appeals meeting. Duly adopted this 16`h day of March,2022,by the following vote: AYES: Mr. Henkel,Mrs.Hamlin,Mr. Stark,Mr. Urrico, Mr. McDevitt,Mr. Underwood NOES: NONE ABSENT: Mr. McCabe MR. UNDERWOOD-Next up on the agenda under Old Business is Cerrone Land Holdings. Again this is a project on Sherman Avenue. It's a 45 lot residential subdivision of a 49.5 acre parcel. AREA VARIANCE NO.5-2022 SEQRA TYPE TYPE II CERRONE LANDHOLDINGS AGENT(S) HUTCHINS ENGINEERING OWNER(S) CITY OF GLENS FALLS ZONING MDR LOCATION SHERMAN AVENUE APPLICANT PROPOSES A 45 LOT 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. CROSS REF SUB 2-2022; SUB 7-2021 WARREN COUNTY PLANNING N/A LOT SIZE 4998 ACRES TAX MAP NO. 301.18-2-1 SECTION 179-3-040 MR. UNDERWOOD-Again they were asking for a full Board of seven Board members. So due to the fact that we only have six Board members here this evening we will be postponing that meeting until next week 3 (Queensbury ZBA Meeting 03/16/2022) on the 23rd,but if there's anybody from the public who would like to speak I will open the public hearing this evening if you have anything to add. PUBLIC HEARING OPENED AUDIENCE MEMBER-Can we speak next week,too? MRS. MOORE-You can speak next week,too. MR. UNDERWOOD-Yes, we'll leave the public hearing open. Again we apologize for not having a full Board. Otherwise we would have heard them this evening. So I'll make a motion to table. 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. MOTION TO TABLE AREA VARIANCE 5-2022 CERRONE LAND HOLDINGS,Introduced by who James Underwood moved for its adoption,seconded by Brent McDevitt: Tabled to the March 23rd,2022 meeting. Duly adopted this 16th Day of March 2022 by the following vote: AYES: Mrs.Hamlin,Mr.Henkel, Mr. Urrico,Mr. Stark,Mr. McDevitt,Mr. Underwood NOES: NONE ABSENT: Mr. McCabe MR. UNDERWOOD-Okay. Next upon the agenda under New Business is Ronald Seguljic. His agents are Dennis MacElroy and Chris Keil. The project location is 32 Forest Road in Ward 1. NEW BUSINESS: AREA VARIANCE NO.8-2022 SEQRA TYPE TYPE II RONALD SEGULJIC AGENT(S) DENNIS MAC ELROY/CHRIS KEIL OWNER(S) RONALD SEGULJIC ZONING WR LOCATION 32 FOREST RD. 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. CROSS REF SP 9-2022 WARREN COUNTY PLANNING MARCH 2O22 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.26 ACRES TAX MAP NO. 226.19-1-41 SECTION 179-3-040;179- 6-065 DENNIS MAC ELROY, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff, Area Variance No. 8-2022, Ronald Seguljic, Meeting Date: March 16, 2022 "Project Location: 32 Forest Rd. 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 4 (Queensbury ZBA Meeting 03/16/2022) The covered porch of 54.5 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 (230/o) where 2475(220/o) 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 maybe considered moderate relevant to the code. The rear and front setback relief is 4 ft. and the floor area is 10/o 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. " MR. URRICO-And then the Queensbury Planning Board adopted a motion that said based on its limited review it has not identified any significant adverse impacts that cannot be mitigated with the current project proposal, and that was passed unanimously on March 15`h,2022. MR. UNDERWOOD-Dennis? MR.MAC ELROY-Thank you,Jim. Dennis MacElroy with Environmental Design herewith Ron Seguljic the owner and applicant for this Area Variance application. As described the project involves improvements to what is a seasonal structure. The Seguljics would like to think of this as their place for retirement in the coming years so they're proposing to make improvements to the structure that would make it more habitable on a year round basis. That involves literally jacking the house up and building a new foundation underneath that. No simple task but something that can be done and Ron's given it a lot of thought over the years about how that can be done and they've got a design through Williams and Williams that accommodates their goals for that structure. Now what happens,though,as a result,is that there are, we bump into a couple of the standards. Front yard setback of 30 feet. We'll be at 26. Rear yard setback at 30 feet and we'll, again,be at 26. And then floor area ratio, we're 117 square feet over the 220/o. It amounts to 230/o by the numbers. So that's what is being proposed and we hope to receive your consideration for approval. Along with the project is an upgrade of the wastewater system. We've inspected the existing system and feel it appropriate to replace or re-build the absorption field of that. So we've gotten the approvals from the Town on that system,replacement using Elgin system,and also being a year round house we'll need a year round water supply which involves a new well,which is also located down in the northeast corner of the property, and stormwater management which doesn't currently exist formally,that that is also part of the site design. So we've got these additional site improvements as well as the structural improvements to accommodate the desires of the owner. RON SEGULJIC MR. SEGULJIC-The existing foundation as it is is compromised, several of the walls. We do need to do something,and we're kind of combining repairs and a renovation. MR. UNDERWOOD-Do Board members have any questions at this time? 5 (Queensbury ZBA Meeting 03/16/2022) MRS. HAMLIN-I do have one. Is there, what's the reasoning, if you will, for keeping the gravel drive in the back? MR. MAC ELROY-On the side? Yes,the north side. MR. SEGULJIC-It's helpful for us to have access to the backyard. MR. MAC ELROY-As it exists it really is an earth surface. They never improved it other than just driving over it. MRS.HAMLIN-Gravel. It says gravel. Okay. MR. HENKEL-Also the permeability is already five percent over the required anyway. So their permeability is good. So it's not affecting the building. MRS. HAMLIN-Well, I'm just thinking more in terms of access,road access,having two points of entry on such a small lot. MR.MAC ELROY-Yes. It's a very low volume road,Forest Road,but I think it's a convenience thing. It's something that they use. It would provide access to a back door for bringing groceries in to the kitchen and what not. So it was preferred that that be retained. It looks a lot more formal on this plan than it does in place. MR. UNDERWOOD-Any other questions from Board members? I guess I'll open the public hearing. Is there anybody from the public wishing to speak on this matter? Any correspondence, Roy? PUBLIC HEARING OPENED MR. URRICO-There's a few. "The Estate of Eleanor D. Maloney,the owner of 36 Forest Road,objects to Mr. Seguljic's variance relief requests for the proposed project located at 32 Forest Road because they are self-created and there are feasible alternatives that he can pursue. Mr. Seguljic proposes to alter the existing home to construct a 276 sq.ft.rear addition,a 150 sq.ft.patio area to the rear,an 54.5 sq.ft.covered front porch and a lower level for a garage and living area [bedroom,bathroom,living space] (1,237.57 sq. ft.). The proposed floor area of 2,592.71 sq. ft. is approximately 2.65 times larger than the existing floor area of 965 sq. ft. and is greater than the maximum allowed (2,475 sq. ft.) by the Town of Queensbury Zoning Ordinance. The proposed floor plan shows the first floor with a 3 season room,a sun porch and 2 bedrooms, as well as a covered front porch. As proposed, the covered front porch of 54.5 sq. ft. is to be located 26 ft.rather than the 30 ft. setback required; and the rear addition of 276 sq.ft.is to be located 26 ft.rather than the 30 ft. setback required. Mr. Seguljic's self-created need for area variances is based upon the proposed floor plan as currently designed. Some modifications can be made to the design of the proposed floor plan to adhere to the front and rear 30 ft.setback requirements. The added benefit of those modifications would be a reduction in the proposed floor area. Thank you for considering this objection, Winifred Kathleen Maloney Executrix Estate of Eleanor D. Maloney Owner of 36 Forest Rd., Tax Map ID No. 226.19-1-40" These letters are in favor, and they're from Jeff and Zoe Greenwood, Sharon&Jack Overton,Jennifer& Steve Kitchen, Patricia Killeen, and Dave Wilcox&Vicki Zeldin. "Our property is west of 32 Forest Rd. on Lake Parkway. We abut 32 Forest at the southwestern corner of the Seguljic property. These comments should be presented to both the Planning Board and the Zoning Board of Appeals. We are in full support of the proposed changes to 32 Forest Rd. The changes will make the property more in keeping with the neighborhood. In addition,these changes will provide necessary out of sight storage for hobby equipment. A new septic system and stormwater improvements are a win-win for all concerned. The zoning variances are not significant and should be approved." And that's Jeff and Zoe Greenwood. "My wife, Sharon Overton,owns property located at 20 Forest Road, Town of Queensbury, which is located two houses away from 32 Forest Road. I am submitting this e-mail in my capacity as her husband and her attorney. We are aware of the scope of the project proposed by Ron Seguljic, and it is our opinion that it will not have a detrimental impact on our neighborhood. Rather, we feel the project will have a very positive impact (aesthetically, property values, ecologically) on Forest Road and the surrounding area. We see that the project includes a new septic system and we assume there may be storm water requirements as well. Clearly,both of these will have a positive benefit on Lake George and the area surrounding 32 Forest Road. Please present our comments to the Planning Board and the Zoning Board of Appeals. Thank you. Sharon and Jack Overton" "Our property resides at 40 Forest Road and we are 2 houses down from the Seguljic property. We have reviewed the scope of the renovation project and are in full SUPPORT of the project. The project benefits the community as it includes anew septic system,stormwater management,off street parking,and will beautify the existing property. Please let us know if you need anything further to support this project. Neighbors,Jennifer& Steven Kitchen" "I'm in full support of the construction project at 32 Forest Road. The Seguljic family has done their homework and I feel their project will not have a detrimental impact on our neighborhood. They will be improving the wastewater and stormwater systems which will benefit the lake. You may share my letter with both the Zoning and Planning Boards. Sincerely, Patricia Killeen" "We writing in support of the subject applications. The Seguljic family property is immediately to the south of our house. We have reviewed 6 (Queensbury ZBA Meeting 03/16/2022) their plans that propose to create a usable basement/garage, with minor expansion of the existing footprint. While their project requires variances,it is clear that they have minimized the impact and have no alternative for achieving their modest goals. Extension of the porch into the front yard requires a variance of four feet. Visually, that will have no impact on the neighborhood. Neighboring houses are situated such that the proposed porch will appear to be in line relative to neighboring buildings and not appear to extend forward toward the street. The proposed extension of the rear of the house will require a four foot variance. This too will not have an adverse impact on the neighborhood. Neighboring houses were built when the rear yard setback was 25 feet,not the current 30 feet, so this proposal will blend in. Also, the lot to the west is a septic field and contains no structure so this variance will not impact that neighbor either. The final variance is for the floor area ratio for an additional 117 square feet, which will have no impact on the neighborhood, and may have a positive benefit. The family appears to enjoy and make good use of Lake George and as such has a number of recreational items (e.g., canoes and bicycles). The extra basement space will allow those items to be stored in a protected, out-of-sight manner, and as such provides a benefit to the family and the neighborhood. In addition,because of the lot's topography, the increase in the building's square footage will be primarily below grade and not visible. Finally,the site plan provides and improvement over the existing situation,with an upgraded septic system and addition of runoff retention devices. In conclusion,we concur with other neighbors'opinions that this project has a number of positive aspects and no negative impact. We request their applications be approved." And this is Vicki Zeldon and Dave Wilcox 26 Forest Road. That's it. MR. UNDERWOOD-Do you have anything to add? MR. MAC ELROY-No. I think there's only favorable support from the neighbors. MR. UNDERWOOD-It seems pretty straightforward. At this time then I guess I'll poll the Board. MR. STARK-Yes,I'm in favor of the project. MR.MC DEVITT-I'm in favor also. It shows,it's well thought out in terms of the new septic and the new stormwater. Permeability is good. New well. I think overall it's an improvement to the property. So I'm in favor of it. MR.HENKEL-I agree with Brent. They're only asking for basically two little setbacks and they're looking at 100 feet more space added to it. It makes sense for a year round home. I'm for it. MRS.HAMLIN-Yes. Four feet,plus that one percentage of floor area is not a big ask. MR. URRICO-I'm in favor of the application for the reasons my fellow Board members have given. MR.UNDERWOOD-Yes,and I,too,will support your proposal here this evening. I think on these smaller lots you're not asking for anything out of the ordinary that nobody else would ask for. MRS. DWYRE-Mr. Chairman,can you just close the public hearing. MR. UNDERWOOD-Yes,I'll close the public hearing. PUBLIC HEARING CLOSED MR. UNDERWOOD-Does somebody want to make a motion? MR. MC DEVITT-Thankyou,Mr. Chairman. 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 54.5 sq. ft. covered front porch, and a lower level for a garage and living area (1,237.57 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 54.5 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 7 (Queensbury ZBA Meeting 03/16/2022) required. The floor area is to be 2,592.71 (230/6) where 2475(220/o) 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: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties. In fact I would suggest quite the opposite. I think this is doing some good things for the property. 2. Feasible alternatives have been considered by the Board. 3. The requested variance is not substantial. It fits in with the overall character of the neighborhood. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty, while it could be suggested is self-created, the overall context of the plan here is good and is minimal at best. 6. In addition,the Board finds that the benefit to the applicant from granting the requested variance would—Outweigh (approval) 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,- S. The Board also proposes the following conditions: a) 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 AREA VARIANCE NO. 8-2022 RONALD SEGULIIC,Introduced by Brent McDevitt,who moved for its adoption, seconded by John Henkel: Duly adopted this 16th Day of March 2022 by the following vote: AYES: Mrs.Hamlin,Mr. Stark,Mr. Henkel,Mr. Urrico, Mr. McDevitt,Mr. Underwood NOES: NONE ABSENT: Mr. McCabe MR. MAC ELROY-Thank you. MR. UNDERWOOD-Okay. Next upon the agenda is Area Variance 9-2022. It's Katharine Seelye. Her agent is Ethan Hall. The location is 14 Crooked Tree Drive. Ward 1. AREA VARIANCE NO. 9-2022 SEQRA TYPE TYPE 11 KATHARINE SEELYE AGENT(S) ETHAN HALL (RUCINSKI HALL ARCHITECTURE) OWNER(S) KATHARINE SEELYE ZONING WR LOCATION 14 CROOKED TREE DRIVE 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 FACADE 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. CROSS REF SP 11-2022; AV 70-2017, AV 53-2017, SP 55-2017 WARREN COUNTY PLANNING MARCH 2O22 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.62 ACRES. TAX MAP NO. 239.15-1-10 SECTION 179-3-040;179-13-010;179-6-050 ETHAN HALL, REPRESENTING APPLICANT,PRESENT STAFF INPUT 8 (Queensbury ZBA Meeting 03/16/2022) Notes from Staff, Area Variance No. 9-2022, Katharine Seelye, Meeting Date: March 16, 2022 "Project Location: 14 Crooked Tree Drive 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 facade changes with new windows to be installed on the main floor and upper floor. The existing home with a footprint of 1,259 sq. ft., deck/porch 700 sq. ft., and floor area of 2,7SS 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 facade and windows. The second floor area shows the existing condition of three bedrooms on the lake side and then the proposed where 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." MR.URRICO-And the Planning Board,based on its limited review,did not identify any significant adverse impacts that cannot be mitigated with the current project proposal, and that motion was adopted March 15`h,2022 by a unanimous vote of seven zero. MR. UNDERWOOD-Ethan. MR. HALL-Good evening. For your records my name is Ethan Hall. I'm a principle with Rucinski Hall Architecture,here tonight representing Kathy Seelye, 14 Crooked Tree Drive. Roy pretty much read it in as it is. It's a year round residence that Katharine uses pretty much year round. She lives in Boston and commutes back and forth in the winter. She's here all summer,but she does intend to be here year round once she retires. The idea is the front porch has a,there's a three season porch that's going to be converted into year round and a small office that's on the east side of the building. From the living room and dining room area it's rather muted. You really can't see out from the lake because of everything that's in front. So the idea here is to open up the wall between the living room/dining room area, open that office up and make whole front visible to the lake. It really faces due north so trying to get as much light into the house as they can get is really the idea here. So we've added a dormer that goes up to the second floor and opens it into the lower area. Ultimately there's a decrease in the total number of bedrooms the way it's set up. We lose the very small bedroom in the top that becomes the open loft to the space down below. So it's 9 (Queensbury ZBA Meeting 03/16/2022) really a change in volume. There's no change to the footprint since we're going up with it,but because the building sits 33 feet from the lake right now,that's the need for the variance. MR. UNDERWOOD-So it's essentially just going to be construction inside. No disturbance on site. MR.HALL-No site disturbance. We're not physically altering the outside footprint of the building. We're just going up and it's really just the center section of it. Do you have that front elevation? The front of it right now has a,you can kind of see the smaller second floor windows and then kind of a shed roof. The windows that you see there are the office and then the screened porch or the three season porch runs from the west side of the building. The idea is the new dormer comes up off of the front wall and then goes back to the main ridge of the house and kind of opens that whole space up to the inside. All of the glass that we're looking at putting in there is all the non-reflective,non-glare glass. It's all super insulated glass. MR.UNDERWOOD-For the benefit of the Board,we had previously granted approvals for Area Variances in 2017 on this parcel and then everything was upgraded at that point in time. Any questions from Board members? I guess I'll open the public hearing. Any members of the public wishing to speak? Any correspondence, Roy? PUBLIC HEARING OPENED MR. URRICO-Yes,there's one letter. "As the next door neighbors we have no problem with the request for a variance." And that's Barry and Mark Handleman,3142 Route 9L. MR. UNDERWOOD-All right,anything else you want to add? MR.HALL-It seems pretty straightforward. MR. UNDERWOOD-All right. I guess I'll start with you,Brady. MR. STARK-I am in favor of the project. This seems pretty straightforward. MR. UNDERWOOD-Roy? MR. URRICO-Yes,I'm okay with this project as proposed. MR. UNDERWOOD-Cathy? MRS.HAMLIN-The same. MR.HENKEL-It makes sense. MR. UNDERWOOD-Brent? MR.MC DEVITT-I'm in favor of the project. They're losing a bedroom. There's no change,as Ethan said, really in terms of the volume,no site disturbance. It's a pretty easy one. So I'm in favor. MR. UNDERWOOD-And I too would be in favor of the project. It's a simple project. Does somebody want to make a motion on this? MRS. DWYRE-Would you like to close that public hearing? MR. UNDERWOOD-I'll close the public hearing. PUBLIC HEARING CLOSED 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 facade changes with new windows to be installed on the main floor and upper floor. The existing home with a footprint of 1,259 sq.ft.,deck/porch 700 sq.ft.,and floor area of 2,7SS 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 10 (Queensbury ZBA Meeting 03/16/2022) 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: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because this project is just improving a property. 2. Feasible alternatives can be considered limited because of the home's location and its already nonconforming structure. 3. The requested variance is minimal relative to the Code. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty may be considered self-created. 6. In addition,the Board finds that the benefit to the applicant from granting the requested variance would—Outweigh (approval) 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,- S. The Board also proposes the following conditions: a) 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 AREA VARIANCE NO. 9-2022 KATHARINE SEELYE, Introduced by Brady Stark, who moved for its adoption, seconded by Brent McDevitt: Duly adopted this 16th Day of March 2022 by the following vote: AYES: Mr.Henkel,Mr. Urrico, Mr. Stark,Mrs.Hamlin,Mr. McDevitt,Mr. Underwood NOES: NONE ABSENT: Mr. McCabe MR. UNDERWOOD-Next upon the agenda is Area Variance 10-2022,Tim and Jane Badger. Again their agent is Ethan Hall and the project location is 22 Wilson Street. AREA VARIANCE NO. 10-2022 SEQRA TYPE TYPE II TIM &z JANE BADGER AGENT(S) ETHAN HALL (RUCINSKI/HALL ARCHITECTURE) OWNER(S) TIM &z JANE BADGER ZONING MDR LOCATION 22 WILSON STREET 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. CROSS REF N/A WARREN COUNTY PLANNING MARCH 2O22 &z CITY OF GLENS FALLS LOT SIZE 0.23 ACRES TAX MAP NO. 302.8-2-53 SECTION 179-3-040;179-4-080 ETHAN HALL, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No.10-2022,Tim&Jane Badger,Meeting Date: March 16,2022 "Project Location: 22 Wilson Street 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. 11 (Queensbury ZBA Meeting 03/16/2022) 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 1S 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 maybe 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." MR. HALL-Again, for your records, Ethan Hall,principle with Rucinski Hall Architecture,representing Tim and Jane Badger. Again as Roy said it's a corner lot. It's an existing house that the Badgers would like to put a sunroom addition off the back of the house. Pretty much sits on top of the existing deck and it extends a little bit beyond the deck. The rear setback off of Wilson Street we're okay with,but because it's a corner lot we have a rear setback on both sides. The existing home is 1S feet 7 inches from the property line. We're hooking right on to that corner and just going right straight back, keep the rooflines pretty much the same,and that's really the extent of it. It's a relatively small addition and we're in keeping with the,the house is a little bit askew. So as we go back,the setback gets a little bit larger to the back,but it's still not very deep. MR. UNDERWOOD-The project seems pretty straightforward. Do Board members have any questions? Anybody from the public wishing to speak on the matter? Any correspondence, Roy? PUBLIC HEARING OPENED MR. URRICO-Yes. There's a number of letters in support of the project and they're from Carol Berry, IS Wilson Street, Karen and Tim Mousseau, 9 Sargent Street; Sue Clements Kozak, 11 Sargent Street; Mick Rowell,7 Cline Avenue;Josh Dodge,I'm not sure what address he is;Mike Regan,I Cline Avenue. MR.HALL-That is basically all their neighbors they talked to before they submitted. MR. UNDERWOOD-All right. Then at this time I'll close the public hearing. PUBLIC HEARING CLOSED MR. UNDERWOOD-And I guess I'll start with you,Cathy? MRS.HAMLIN-Yes,it's a very modest proposal. MR.HENKEL-It makes sense to put the addition there. The header's already there from that window. So it makes a lot of sense to put it there. I'm for it. 12 (Queensbury ZBA Meeting 03/16/2022) MR. MC DEVITT-It's a corner lot. It's a small addition. It's very straightforward. I'm in favor. MR. STARK-It seems pretty straightforward. I'm in favor. MR. URRICO-They're doing the best with what they have. I think it's a good project. MR. UNDERWOOD-I think a lot of people enjoy having that extra season and the use of their backyard. So I'm in favor of the project too. So at this time I'll ask for a motion. Does somebody want to make it? MRS.HAMLIN-All right. The Zoning Board of Appeals of the Town of Queensbury has received an application from Tim &z 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 34S 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 1S 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 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-OSO(A)of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation,we find as follows: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties. 2. Feasible alternatives, it just makes sense structurally and everything for it to go where it's going. So we did not explore those feasible alternatives. 3. The requested variance is not substantial. It's a very small lot. There's not a lot you can do there. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty could be considered self-created, but nonetheless it satisfies some of the other steps in the process here. 6. In addition,the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) 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,- S. The Board also proposes the following conditions: a) 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 AREA VARIANCE NO. 10-2022 TIM&z JANE BADGER,Introduced by Catherine Hamlin,who moved for its adoption,seconded by John Henkel: Duly adopted this 16th Day of March 2022 by the following vote: AYES: Mr. Urrico, Mr. McDevitt,Mr. Stark,Mrs.Hamlin,Mr.Henkel,Mr. Underwood NOES: NONE ABSENT: Mr. McCabe 13 (Queensbury ZBA Meeting 03/16/2022) MR.HALL-Thank you very much. I appreciate your time tonight. MR.UNDERWOOD-Next upon the agenda is Area Variance 11-2022,Harris Bay Yacht Club. Their agent is SRA Engineers,Erik Sandblom,Professional Engineer,and the project location is State Route 9,Wared One. AREA VARIANCE NO.11-2022 SEQRA TYPE TYPE II HARRIS BAY YACHT CLUB AGENT(S) SRA ENGINEERS,ERIK SANDBLOM PE OWNER(S) HARRIS BAY YACHT CLUB ZONING SPLIT(WR&z LC-42) LOCATION 2712 STATE ROUTE 9 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, REPLACING 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. CROSS REF SP 18-2022;SUP 1-2022 WARREN COUNTY PLANNING MARCH 2O22 ADIRONDACK PARK AGENCY ALD LOT SIZE 17.16 ACRES TAX MAP NO.240.-1-23.1 SECTION 179-3-040;179-10-070;179-5-060 ERIK SANDBLOM, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff, Area Variance No. 11-2022, Harris Bay Yacht Club, Meeting Date: March 16, 2022 "Project Location: 2712 State Route 9 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. 14 (Queensbury ZBA Meeting 03/16/2022) 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." MR. URRICO-The Planning Board based on its limited review did not identify any significant adverse impacts that cannot be mitigated with the current project proposal. However, they had a conversation regarding eliminating the zero foot setback. Anyway, the motion was adopted March 15`h, 2022 by a unanimous seven zero vote. MR. SANDBLOM-Thank you. I'm Erik Sandblom from SRA Engineers, representing Harris Bay Yacht Club, and as was described, this was a complete, pretty comprehensive dock replacement project. Essentially the floating docks and the anchoring piles are going to be completely replaced and as a part of the project is also a plan to replace two of the buildings. They're both very small buildings. One's a storage building right at the shoreline. As described it is located right on the beginning of the middle dock here, we call Dock C,right here. It's that rectangle right there, and that is actually used,it houses the electrical panels for the electrical systems that are out on each dock system. That will be created,too, so that each dock will have a panel of its own. So the electrical equipment is going to be removed from that shed and it'll be for use as just a shed. The focus on this project has been to replace in kind. There really was no desire to make any significant changes whatsoever,just update the materials, replace the docks and the piles with corrosion resistant and non-decay material that's resistant to decaying, and so the proposal has always been just to replace it in kind. There was a comment last night about,has any consideration been made to see if you could make that shed further from the shoreline. The answer quite frankly was no,but we have, at the Planning Board's request,considered that much further to determine if here is a potential to bring it back. For one thing,there's no way to completely eliminate the request. The 50 foot setback, it's just not possible to meet that on this site. It's a pretty narrow site,and just to give it some perspective as to what's here, this is a buried gasoline storage tank that fuel is delivered out to a pump on the end of the dock. There's also a below ground diesel tank right here for the few boats that require diesel fuel,and then that fuel is delivered right here. So really that diesel tank needs to remain in that vicinity, and so to move the shed back could cause some problems with that. There are also,really what it comes down to is, in my discussions with the operators and the owners of the facility, every square inch is absolutely precious at this site, and to move that shed further from the shoreline is really just going to reduce that square footage that's available to them and just create a dead space between the building and the shoreline. Other considerations are that this is the area where, I'm sorry,this ramp right here in this area right here is where boats are launched and removed seasonally and there's a crane that is used to operate there that has just enough room to make it work as it is,and in speaking with the chef of maintenance and operations, they couldn't find a way to put that building in a different place to make that operation still work successfully, and the other thing I will say is there's a seawall right here now that would remain even if that building were set back. So by,you know,there would be no improvement to the shoreline by moving the building. Soto follow upon the Planning Board's request to consider whether or not that shed can be moved a little bit further from the shoreline,really the answer is not in a feasible way. And I can also talk about the floating building which is a negative 300 something setback, but I also, we submitted the application with both buildings in mind,but I understand that perhaps it's not within the Town's purview to review the floating building, but nonetheless it is being replaced completely in kind and the dock manufacturer is going to great pains to make sure it's going to be in the same spot exactly. MR.UNDERWOOD-So all your dock replacement,that's a Park Commission issue as far as the permitting for all that? MR. SANDBLOM-It is, and just this week we received a letter from the Lake George Park Commission indicating that the project as proposed does not require an amendment to the existing permit that they hold. MR.UNDERWOOD-Your pump out for the septic from the boats,where does that go to? Is that a holding tank? MR. SANDBLOM-That goes to a holding tank that is behind the Clubhouse and then that's pumped off site and brought to a municipal plant, yes. And all of that infrastructure is being replaced. There's a sumption pipe. The existing HDPE coupled pipes are all being replaced with fusion welded HDPE and pressure tested prior to use. Obviously it wouldn't work for a vacuum system but the water pipes are all being replaced the same. All the electrical is being replaced, and the gasoline lines out on the docks themselves are being replaced with double-walled and secondary containing systems. 15 (Queensbury ZBA Meeting 03/16/2022) MR.UNDERWOOD-Do you have water systems for replacing water from boats? Do you have fresh water supply? MR. SANDBLOM-Yes, there will be hydrants throughout the dock that have freshwater connections. There's a drilled well on site and that supplies the water to the system and there is a distribution network there now. That's all being replaced. MR. UNDERWOOD-Okay. Do Board members have any questions at this time? MR. MC DEVITT-I just have two. The electrical,the main service panels that are currently in there that are being moved,where are they going to? MR. SANDBLOM-They're going to go to a panel at the foot of each dock if you will. MR. MC DEVITT-Okay. MR.SANDBLOM-So the drawing shows,it's really hard to see at this resolution,so each one of these docks has a concrete pad there now which is going to be replaced, and one of the reasons for the replacement, we're sending utilities through that pad and then right adjacent to that pad there will be a panel. MR. MC DEVITT-So it will be on a pedestal. MR. SANDBLOM-It will be on a pedestal essentially. MR.MC DEVITT-Okay. It makes sense. And,walk me through one more time,Erik,if you would. There's a seawall there that you indicated, and you were making a point that by I guess moving that shed that really you weren't accomplishing. What were you referencing when you brought up that seawall again? I kind of lost that. MR. SANDBLOM-So the building,basically they're kind of integral right here. This seawall extends to this corner. The building's right on top of that. So what would happen is if the building could be relocated away from the shoreline that wall would essentially remain. It needs to remain there for this dock right here, and also this dock right here,it attaches to that wall. That's how it connects to the land and how it keeps from floating away. Did that answer your question? MR. MC DEVITT-That does. I just, I kind of thought I got it,but now 1100% get it. So thank you. I appreciate that. MR. UNDERWOOD-Any other questions from Board members? All right, I guess at this point I'll open the public hearing. Anybody from the public wishing to speak on the matter? Any letters,Roy? PUBLIC HEARING OPENED MR. URRICO-There's no letters,but I want to point out that this is 2712 State Route 9L,not Route 9. MR. UNDERWOOD-Okay. All right. At this time if you have nothing more to add I guess I'll poll the Board. Roy,do you want to start first? MR.URRICO-Yes,I know this looks tough on the outset,but I really understand the situation and I think they're dealing with it the best way they can. So I would be in favor of it. MR. UNDERWOOD-Cathy? MRS. HAMLIN-Yes,it's an existing use and a kind of unique use and you know best what the needs are. So I would go ahead and approve the variances. MR. HENKEL-I know definitely that building needs to be replaced. It's in rough shape. So would be positive. MR. MC DEVITT-It's a tight piece of property and you're working wo maximize your footprint. It's well thought out. I'm in favor of it. I actually see some of the things that are being done here as being net positives for everything. So I'm totally in favor of the project. MR. STARK-I guess I'll just echo what all my fellow Board members are saying. It seems like a necessity. It's an improvement. I'm in favor of it. MR. UNDERWOOD-And I, too, will approve your project. I think moving the building doesn't make much sense. It's been there forever and leaving it where it is isn't going to change anything. If you moved 16 (Queensbury ZBA Meeting 03/16/2022) it 20 feet away it's just going to make it more inconvenient rather than just having it right on the waterfront. So I guess I'll ask somebody to make a motion. MR. DWYRE-Mr. Chairman,would you like to close the public hearing? MR. UNDERWOOD-I'll close the public hearing. PUBLIC HEARING CLOSED 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-OSO(A)of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation,we find as follows: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because the building will be re-created exactly where it currently exists. 2. Feasible alternatives were considered by the Board. You could move the building back,but it's for the convenience of the operation of the marina that we leave it where it is. 3. The requested variance is substantial,but the building,as was noted,has been there for quite some time and has not proved to be a detriment so far. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. The marina will be re-done and will be a benefit to the community. 5. The alleged difficulty is self-created because of where the building currently exists. 6. In addition,the Board finds that the benefit to the applicant from granting the requested variance would—Outweigh (approval) 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,- S. The Board also proposes the following conditions: a) 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 AREA VARIANCE NO. 11-2022 HARRIS BAY YACHT CLUB, Introduced by James Underwood, who moved for its adoption, seconded by Brent McDevitt: Duly adopted this 16th Day of March 2022 by the following vote: AYES: Mrs.Hamlin,Mr. Stark,Mr. Henkel,Mr. Urrico, Mr. McDevitt,Mr. Underwood NOES: NONE 17 (Queensbury ZBA Meeting 03/16/2022) ABSENT: Mr. McCabe MR. SANDBLOM-Thank you. MR. UNDERWOOD-We'll see everybody next Wednesday. MR. URRICO-I make a motion we close the meeting. MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF MARCH 16TH, 2022, Introduced by Roy Urrico who moved for its adoption, seconded by Catherine Hamlin: Duly adopted this 16`h day of March,2022,by the following vote: AYES: Mr. Urrico, Mrs. Hamlin,Mr. McDevitt,Mr. Stark,Mr. Henkel,Mr. Underwood NOES: NONE ABSENT: Mr. McCabe On motion meeting was adjourned. RESPECTFULLY SUBMITTED, James Underwood,Acting Chairman 18