Staff Notes Staff Notes
ZBA
April 27 , 2022
New Business :
AV 12-2022 Stuart Field
AV 14-2022 Carol Berry
Queensbury Zoning Board of Appeals Agenda
Meeting: April 27,2022 Time: 7:00- 11:00 pm
Queensbury Activities Center—742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
NEW BUSINESS:
Applicant(s) Stuart Field Area Variance No AV 12-2022
Owner(s) Stuart Field SEQRA Type Type II
Agent(s) Daniel W.Ran P.E. Lot Size 1.02 acres
Location 17 Triphammer Road Zoning MDR
Ward No. Ward 4
Tax Id No 308.14-1-65 Section 179-3-040; 179-5-020
Cross Ref SEP 405-2017;SUB 5-1972 Warren County Planning n/a
Public Hearin Aril 27,2022 Adirondack Park Agency n/a
Proiect Description: Applicant proposes to construct a 576 sq.ft. detached garage on an existing 1.02 acre parcel.The new garage is
to be consistent with the architecture of the existing home.The garage with the existing home is 576 sq.ft.with a portion of the garage
used for storage.The existing home with the garage has a footprint of 2,162 sq.ft.and is to remain. Relief requested for second
garage.
Applicant(s) Carol Berry Area Variance No AV 14-2022
Owner(s) Carol Berry SEQRA Type Type II
A ent s David Hutchinson Lot Size 0.23 acres
Location 18 Wilson Street Zoning MDR
Ward No. Ward 2
Tax Id No 302.8-2-52 Section 179-5-020; 179-3-040
Cross Ref n/a Warren County Planning Aril 2022
Public Hearing Aril 27,2022 Adirondack Park A enc n/a
Proiect Description: Applicant proposes to construct a 576 sq.ft.detached garage to the 999 sq.ft.existing home with porches.The
project includes removing the existing driveway and construct a new driveway of 693 sq. ft. The existing garage is to be converted to
a 276 sq.ft.shed with smaller door.There are no changes to the site or other portions of the home. Relief requested for setbacks.
Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals
L:\Karen Dwyre-Zoning Office\ZBA Monthly 2022\April 27,2022\ZBA Final Agenda April 27,2022.docx
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 12-2022
Project Applicant: Stuart Field
Project Location: 17 Triphammer Road
Parcel History: SEP 405-2017; SUB 5-1972
SEQR Type: Type II
Meeting Date: April 27,2022
Description of Proposed Project:
Applicant proposes to construct a 576 sq. ft. detached garage on an existing 1.02 acre parcel. The new garage is
to be consistent with the architecture of the existing home. The garage with the existing home is 576 sq. ft. with
a portion of the garage used for storage. The existing home with the garage has a footprint of 2,162 sq. ft. and is
to remain. Relief requested for second garage.
Relief Required:
The applicant requests relief for a second garage. The property is located in Bedford Close subdivision and is
1.02 acres.
Section 179-5-020- garage
The applicant proposes a 576 sq. ft. detached garage where there is an existing garage attached to the home.
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 are limited due to the
configuration of the house and the location of the existing attached garage.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. The applicant has indicated a portion of the existing garage will be altered to allow for
access into the home.
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 impacts 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 applicant proposes to construct a second garage that is to be 576 sq ft. The information submitted indicates
the site has an existing single family home with an attached garage. The location of the proposed garage does
not interfere with the backyard or septic system.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
76wn of Queensbury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Stuart Field
File Number: AV 12-2022
Location: 17 Triphammer Road
Tax Map Number: 308.14-1-65
ZBA Meeting Date: April 27, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Stuart Field.
Applicant proposes to construct a 576 sq. ft. detached garage on an existing 1.02 acre parcel. The new garage is
to be consistent with the architecture of the existing home. The garage with the existing home is 576 sq. ft. with
a portion of the garage used for storage. The existing home with the garage has a footprint of 2,162 sq. ft. and is
to remain. Relief requested for second garage.
Relief Required:
The applicant requests relief for a second garage. The property is located in Bedford Close subdivision and is
1.02 acres.
Section 179-5-020- garage
The applicant proposes a 576 sq. ft. detached garage where there is an existing garage attached to the home.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,April 27, 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. 12-2022, Introduced by , who moved for its adoption, seconded by
Duly adopted this 27th Day of April 2022 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 14-2022
Project Applicant: Carol Berry
Project Location: 18 Wilson Street
Parcel History: n/a
SEAR Type: Type II
Meeting Date: April 27,2022
Description of Proposed Project:
Applicant proposes to construct a 576 sq. ft. detached garage to the 999 sq. ft. existing home with porches. The
project includes removing the existing driveway and construct a new driveway of 693 sq. ft. The existing
garage is to be converted to a 276 sq. ft. shed with smaller door. There are no changes to the site or other
portions of the home. Relief requested for setbacks.
Relief Required]-
The applicant requests relief to construct a garage requiring relief for setbacks. The parcel is 0.23 acres and
located in the Moderate Density Residential zone.
Section 179-3-040 dimensional
The applicant proposes to construct a 576 sq. ft. garage to be located 22 ft 8 3/4 inches from the property line
where a 25 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. 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 considered to be
limited due to the location of the existing home.
3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to
the code. Relief is requested for the side setback less than 3 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed may be considered
to have minimal to no impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
Staff comments:
The applicant proposes to construct a 576 sq ft detached garage as shown on the plans. The existing attached
garage of 276 sq ft is to be converted to a shed structure with a door width reduced. The plans show the
location of the existing garage and proposed garage.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of QueensbU17
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Carol Berry
File Number: AV 14-2022
Location: 18 Wilson Street
Tax Map Number: 302.8-2-52
ZBA Meeting Date: April 27, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Carol Berry.
Applicant proposes to construct a 576 sq. ft. detached garage to the 999 sq. ft. existing home with porches. The
project includes removing the existing driveway and construct a new driveway of 693 sq. ft. The existing
garage is to be converted to a 276 sq. ft. shed with smaller door. There are no changes to the site or other
portions of the home. Relief requested for setbacks.
Relief Required:
The applicant requests relief to construct a garage requiring relief for setbacks. The parcel is 0.23 acres and
located in the Moderate Density Residential zone.
Section 179-3-040 dimensional
The applicant proposes to construct a 576 sq. ft. garage to be located 22 ft 8 % inches from the properly line
where a 25 ft. setback is required.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,April 27, 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. 14-2022, Introduced by , who moved for its adoption, seconded by
Duly adopted this 27th Day of April 2022 by the following vote:
AYES:
NOES: