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Staff NotesStaff Notes ZBA May 18, 2022 Administrative Items: Approval of Meeting Minutes April 20, 2022 and April 27, 2022 Old Business: SV 3-2022 Hoffman Development Corp. New Business: AV 17-2022 Tom &Beth Portuese AV 20-2022 Eric Carlson AV 21-2022 Reds LG, LLC AV 22-2022 3 Antigua Road LLC Queensbury Zoning Board of Appeals Agenda Meeting: May 18, 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 April 20, 2022 & April 27, 2022 TABLED: Applicant(s) Hoffman Development Corp. Sin Variance No. SV 3-2022 Owners 919 State Route 9, LLC SEQRA Type Unlisted Agent(s) Frank Palumbo CT Male Lot Size 2.01 acres Location Ward No. 919 State Route 9 Ward 2 Zoning Cl Tax Id No 296.17-1-42 Section 140 Cross Ref SP 71-2021; PZ-DISC-0005-2021; P-SSE- 0008-2017; PZ-0189-2016; SP 53-2011; SP 57-95; SP 38-90 Warren County Planning April 2022 Public Hearing Aril 20, 2022, May 18, 2022 Adirondack Park Agency n/a Proiect Description: (Revision) Applicant proposes a freestanding sign to be no greater than 90 sq. ft. Relief requested for freestanding sin greater than 45 sq. ft. and setback. NEW BUSINESS: Applicant(s) Tom & Beth Portuese Area Variance No AV 17-2022 Owner(s) Tom & Beth Portuese SEQRA Type Type II Agent(s) Hutchins Engineering Lot Size 0.75 ac (316.5-1-3) & 1.01 ac (316.9-1- 27.2 Location 28 Lansburg Lane Zoning WR Ward No. Ward 4 Tax Id No 316.5-1-3 & 316.9-1-27.2 Section 179-3-040, 179-6-060, 179-4-050 Cross Ref SP 28-2022 Warren County Planning May 2022 Public Hearing May 18, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes to remove a home of 1,064 sq ft and to construct a new home with a footprint of 3,184 sq. ft. with a floor area of 5,658 sq ft. Also proposed is construction of a 1,219 sq ft patio. The project includes stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hard - surfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, and driveway greater than 10%. Relief requested for access from adjoining lot. Applicant(s) Eric Carlson Area Variance No AV 20-2022 Owner(s) Eric Carlson SEQRA Type Type II Agent(s) Chris Keil Environmental Design Partner Lot Size 1.25 acres Location 67 Brayton Lane Zoning WR Ward No. Ward 1 Tax Id No 239.12-2-84 Section 179-3-040; 147 chapter 94; 179-5-020 Cross Ref SEP 241-2019, SP 26-2022 Warren County Planning May 2022 Public Hearing May 18, 2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with a footprint of 2,381 sq. ft. which includes porches/deck areas and living space of detached building. The project includes a detached garage with an 873 sq ft footprint. The new floor area of 6,194 sq ft. The project includes new stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hard -surfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, driveway greater than 10%, and Freshwater wetland work within 100 ft. of the wetland. Relief requested for setbacks, height of garage, and stormwater device less than 100 ft. from shoreline. Queensbury Zoning Board of Appeals Agenda Meeting: May 18, 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) Reds LG,LLC Area Variance No. AV 21-2022 Owners Reds LG, LLC SEQRA Type Type II Agent(s) Nicholas Ze len Environmental Design Partner Lot Size 0.53 acres Location 7, 9, 13 Nutley Lane Zoning WR Ward No. Ward 1 Tax Id No 239.17-1-15 Section 179-3-040; 147; 179-13-010 Cross Ref SEP 37-2021, SP 29-2022 Warren County Planning May 2022 Public Hearing May 18, 2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes to complete alterations to two existing dwelling units on the site and complete construction of a third dwelling unit on the site. Alterations include 7 Nutley Lane new building of 540 sq. ft. which includes one bedroom and kitchen, 288 sq. ft. open porch, and 24 sq. ft. covered entry area; alterations to 9 Nutley Lane 704 sq. ft. footprint with two bedrooms and kitchen (floor area of 1,408 sq. ft.), new open deck of 440 sq. ft. with walkout area below; alterations to 13 Nutley Lane include interior alterations (existing floor area of 2,134 sq. ft. with four bedrooms). Project includes grass depression areas for stormwater management, shoreline plantings, and construction of a retaining wall. Site plan for new floor area for 7 Nutley Lane, expansion of nonconforming structure for 9 Nutley Lane, and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline, adding a third dwelling unit, and permeability. Applicant(s) 3 Antigua Road LLC Area Variance No AV 22-2022 Owner(s) 3 Antigua Road LLC SEQRA Type Type II Agent s Chris Keil Environmental Design Partnership) Lot Size Location 3 & 5 Antigua Road Zoning WR Ward No. Ward 1 Tax Id No 239.17-1-2, 239.17-1-1 Section 179-3-040, 147 Cross Ref AV 59-2014, SP 25-2022 Warren County Planning May 2022 Public Hearing May 18, 2022 Adirondack Park Agency ALD Project Description: Applicant proposes to construct a new 2,145 sq. ft. home with a 180 sq. ft. deck footprint with a floor area of 6,483 sq. ft. The new home is to be greater than 28 ft. in height. The driveway area included permeable pavers of 1400 sq. ft. and 8,145 sq ft hard -surfacing. The parcel that is located in the Town of Queensbury adjoins a parcel that is in the Town of Lake George that has frontage on the lake. The project includes a new entry porch overhang to the existing home and a portion of the new hard surface area for the outdoor kitchen that is located in the Town of Lake George. Site plan for new floor area in a CEA. Relief requested for setbacks, height, permeability, and stormwater device setback. 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\A4ay 18, 2022\ZBA Final Agenda May 18, 2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 3-2022 Project Applicant: Hoffman Development Corp. Project Location: 919 State Route 9 Parcel History:SP 71-2021; PZ-DISC-0005-2021; P-SSE0008-2017; PZ-0189-2016; SP 53-2011; SP 57-95; SP 38-90 SEQR Type: Unlisted Meeting Date: May 18, 2022 Description of Proposed Project: Revised -Applicant proposes a freestanding sign to be 88 sq. ft. Relief requested for freestanding sign greater than 60 sq. ft. and setback less than 25 ft. Relief Required: The applicant requests relief for freestanding sign greater than 60 sq. ft. The parcel is 2.011 acres and located in the Commercial Intensive zone. Chapter 140- sins The project is for an 88 sq. ft. sign where a 60 sq. ft. sign is the maximum allowed with a 25 ft. setback. The sign is to be located 20.1 ft. from the setback where a sign greater than 60 sq ft is required to be 25 ft setback. Criteria for considering a Sign Variance according to Chapter 140 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this sign variance. Minimal to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be considered to reduce the sign size. 3. Whether the requested sign variance is substantial. The relief requested may be considered minimal relevant to the code. Relief is 28 sq ft greater than allowed and setback is 4.9 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may have minimal to no impact on the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The project is for a new sign to advertise for the Hoffman's car wash. The plans show the sign to indicate the services offered at the site. The sign includes the words Hoffman Car Wash, Free Vacuums, and open 7 days a week. The plans show a stone base structure to hold the sign. The applicant reduced the sign size from 138 sq ft to 88 sq ft. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 l`nwn of C_ireensbury Sign Variance Resolution To: Approve / Disapprove Applicant Name: Hoffman Development Corp. File Number: SV 3-2022 Location: 919 State Route 9 Tax Map Number: 296.17-1-42 ZBA Meeting Date: April 20, 2022; May 18, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Hoffman Development Corp. (Revised): Applicant proposes an 88 sq. ft. freestanding sign. Relief requested for freestanding sign greater than 60 sq. ft. and setback less than 25 ft. Relief Required: The applicant requests relief for freestanding sign greater than 60 sq. ft. The parcel is 2.011 acres and located in the Commercial Intensive zone. Chanter 140- signs The project is for an 88 sq. ft. sign where a 60 sq. ft. sign is the maximum allowed with a 25 ft. setback. The sign is to be located 20.1 ft. from the setback where a sign greater than 60 sq. ft. is required to be 25 ft. setback. SEQR Type: Unlisted [ Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 3-2022. Applicant Name: Hoffman Development Corp., based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 18th Day of May 2022, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, April 20, 2022 & May 18, 2022 Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF: 1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by (denial) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the followingA through E): A. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; B. If the property is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA's review is completed; C. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & codes personnel' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Based on the above findings I make a MOTION TO APPROVE / DENY Sign Variance SV 3-2022, Hoffman Development Corp., Introduced by , who moved for its adoption, seconded by Duly adopted this 18th Day of May 2022, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 17-2022 Project Applicant: Tom & Beth Portuese Project Location: 28 Lansburg Lane Parcel History: SP 28-2022 SEQR Type: Type II Meeting Date: May 18, 2022 Description of Proposed Project: Applicant proposes to remove a home of 1,064 sq ft and to construct a new home with a footprint of 3,277 sq. ft. with a floor area of 5,751 sq ft. Also proposed is construction of a 1,219 sq ft patio. The project includes stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hardsurfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, and driveway greater than 10%. Relief requested for access from adjoining lot. Relief Required: The applicant requests relief for access from adjoining lot. The parcel size 0.75 ac (316.5-1-3) & 1.01 ac (316.9-1-27.2) and the property zone is Waterfront Residential, WR. Section 179-4-050 Frontage The applicant proposes a new home on parcel 316.5-1-3 then utilizing a driveway access on parcel 319.9-1-27.2 to get to Lansburg Lane; where parcels are required to have a minimum of 150 ft of road frontage and the applicant proposes zero. 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 new home and access may be considered to have little to no impact on the neighboring properties or neighborhood character as the site has always used an access road from an adjoining property. 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 difficult to achieve without creating additional variances for the adjoining parcels. 3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. Relief is requested for one parcel with no access to road frontage to access Lansburg Lane through an adjoining parcel. 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 requests to construct a new home on a landlocked parcel and to create a shared driveway thought an adjacent parcel. The plans show the parcel with the new home and the driveway access area. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Qieensbur), Area Variance Resolution To: Approve / Disapprove Applicant Name: Tom & Beth Portuese File Number: AV 17-2022 Location: 28 Lansburg Lane Tax Map Number: 316.5-1-3 & 316.9-1-27.2 ZBA Meeting Date: May 18, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Tom & Beth Portuese. Applicant proposes to remove a home of 1,064 sq ft and to construct a new home with a footprint of 3,277sq ft sq. ft. with a floor area of 5,751 sq ft. Also proposed is construction of a 1,219 sq ft patio. The project includes stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hard surfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, and driveway greater than 10%. Relief requested for access from adjoining lot. Relief Required: The applicant requests relief for access from adjoining lot. The parcel size 0.75 ac (316.5-1-3) & 1.01 ac (316.9- 1-27.2) and the property zone is Waterfront Residential, WR. Section 179-4-050 Frontage The applicant proposes a new home on parcel 316.5-1-3 then utilizing a driveway access on parcel 319.9-1-27.2 to get to Lansburg Lane; where parcels are required to have a minimum of 150 ft. of road frontage and the applicant proposes zero. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 18, 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 / 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. 17-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 18th Day of May 2022 by the following vote: IW= NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 20-2022 Project Applicant: Eric Carlson Project Location: 67 Brayton Lane Parcel History: SEP 241-2019, SP 26-2022 SEQR Type: Type II Meeting Date: May 18, 2022 Description of Proposed Project: Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with a footprint of 2,381 sq. ft. which includes porches/deck areas and living space of detached building. The project includes a detached garage with an 873 sq ft footprint. The new floor area of 6,194 sq ft. The project includes new stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hard -surfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, driveway greater than 10%, and Freshwater wetland work within 100 ft. of the wetland. Relief requested for setbacks, height of garage, and stormwater device less than 100 ft. from shoreline. Relief Required: The applicant requests relief for setbacks, height of garage, and stormwater device less than 100 ft. from shoreline in regard to construction of a new home and detached building. The parcel is 1.25 ac and in the Waterfront Residential zone-WR. Section 179-3-040 dimensional, Chapter 147 stormwater device The construction of the detached building with garage and living space is to be located 5 ft. from the property line where a 25 ft. setback is required. The detached building is to be 30 ft. 7 inches where accessory buildings are limited to 16 ft. in height. The stormwater device is to be 49 ft. where 100 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 as the home is moved further from the back and detached building is in similar location as previous. 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 limited due to the lot shape, proximity to wetland, and shared access by adjoining properties. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief for the setback is 20 ft., height is 15 feet 5 inches and stormwater device location is 51 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 new home on the site with associated site work. The plans show the location of the new home with covered porch areas and a separate building with a garage. The separate building will include a two car garage, changing room area and storage. 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 L wwaj 7bmi d Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Eric Carlson File Number: AV 20-2022 Location: 67 Brayton Lane Tax Map Number: 239.12-2-84 ZBA Meeting Date: May 18, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Eric Carlson. Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with a footprint of 2,381 sq. ft. which includes porches/deck areas and living space of detached building. The project includes a detached garage with an 873 sq. ft. footprint. The new floor area of 6,194 sq. ft. The project includes new stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hard -surfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, driveway greater than 10%, and Freshwater wetland work within 100 ft. of the wetland. Relief requested for setbacks, height of garage, and stormwater device less than 100 ft. from shoreline. Relief Required: The applicant requests relief for setbacks, height of garage, and stormwater device less than 100 ft. from shoreline in regard to construction of a new home and detached building. The parcel is 1.25 ac and in the Waterfront Residential zone-WR. Section 179-3-040 dimensional, Chapter 147 stormwater device The construction of the detached building with garage and living space is to be located 5 ft. from the property line where a 25 ft. setback is required. The detached building is to be 30 ft. 7 inches where accessory buildings are limited to 16 ft. in height. The stormwater device is to be 49 ft. where 100 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 18, 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 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. 20-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 18th Day of May 2022 by the following vote: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 21-2022 Project Applicant: Red's LG, LLC. Project Location: 7, 9 & 13 Nutley Lane Parcel History: SEP 37-2021, SP 29-2022 SEAR Type: Type II Meeting Date: May 18, 2022 Description of Proposed Project: Applicant proposes to complete alterations to two existing dwelling units on the site and complete construction of a third dwelling unit on the site. Alterations include 7 Nutley Lane new building of 540 sq. ft. which includes one bedroom and kitchen, 288 sq. ft. open porch, and 24 sq. ft. covered entry area; alterations to 9 Nutley Lane 704 sq. ft. footprint with two bedrooms and kitchen (floor area of 1,408 sq. ft.), new open deck of 440 sq. ft. with walkout area below; alterations to 13 Nutley Lane include interior alterations (existing floor area of 2,134 sq. ft. with four bedrooms). Project includes grass depression areas for stormwater management, shoreline plantings, and construction of a retaining wall. Site plan for new floor area for 7 Nutley Lane, expansion of nonconforming structure for 9 Nutley Lane, and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline, adding a third dwelling unit, and permeability. Relief Required: The applicant requests relief for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline, adding a third dwelling unit, and permeability. The parcel is 0.53 acres and located in the Waterfront Residential zone —WR. Section 179-3-040 dimensional, Chapter 147 The project work on the buildings includes existing and proposed requires relief. Setbacks for 7 Nutley Lane area 16 ft to the north property line and for 9 Nutley Lane 4 ft to the north property line where a 20 ft setback is required; on the south property line 7 Nutley Lane area 11 ft to the south property line and for 9 Nutley Lane 12 ft to the south property line where a 20 ft setback is required. Expansion of non -conforming. Stormwater device of stone rip rap at the shoreline where a 100 ft setback is required. Also 7 Nutley Lane for adding a third dwelling unit as it includes a kitchen. Permeability 70.91% is proposed where 75% 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 possible to limit the third dwelling with no kitchen, as a previous survey shows three buildings, however the third building from the previous survey to the current survey do not match in size or location — the building was smaller. The setback variances may be limited due to lot shape. 3. Whether the requested area variance is substantial. The relief requested is substantial relevant to the code. 7 Nutley Lane relief North side setback of 4ft, South side setback of 9 ft. 7 Nutley Lane requires relief for being a third dwelling on the property. 9 Nutley Lane relief North side setback of 16 ft, South side setback of 8 ft. 9 Nutley Lane requires relief for expansion of a nonconforming structure. The relief for permeability is 4.09%. Relief is requested for the stormwater management where 0 ft is proposed and 100 ft is required. The device is also assisting with bank stabilization. 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. The applicant has received approval for and has installed a new septic system that accommodates each of the dwelling units on the site. S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant requests to maintain after the fact construction of 7 Nutley Lane where an existing cabin with no kitchen was expanded to be larger including a deck addition and 9 Nutley Lane for deck expansion. The site was visited by Staff where it was observed the work on the buildings had been started without approvals. The plans show the buildings and the work that has been almost completed on each of the 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 'Ibi m of CZcensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Reds LG, LLC File Number: AV 21-2022 Location: 7, 9, 13 Nutley Lane Tax Map Number: 239.17-1-15 ZBA Meeting Date: May 18, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Reds LG, LLC. Applicant proposes to complete alterations to two existing dwelling units on the site and complete construction of a third dwelling unit on the site. Alterations include 7 Nutley Lane new building of 540 sq. ft. which includes one bedroom and kitchen, 288 sq. ft. open porch, and 24 sq. ft. covered entry area; alterations to 9 Nutley Lane 704 sq. ft. footprint with two bedrooms and kitchen (floor area of 1,408 sq. ft.), new open deck of 440 sq. ft. with walkout area below; alterations to 13 Nutley Lane include interior alterations (existing floor area of 2,134 sq. ft. with four bedrooms). Project includes grass depression areas for stormwater management, shoreline plantings, and construction of a retaining wall. Site plan for new floor area for 7 Nutley Lane, expansion of nonconforming structure for 9 Nutley Lane, and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline, adding a third dwelling unit, and permeability. Relief Required: The applicant requests relief for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline, adding a third dwelling unit, and permeability. The parcel is 0.53 acres and located in the Waterfront Residential zone —WR. Section 179-3-040 dimensional, Chapter 147 The project work on the buildings includes existing and proposed requires relief. Setbacks for 7 Nutley Lane area 16 ft to the north property line and for 9 Nutley Lane 4 ft to the north property line where a 20 ft setback is required; on the south property line 7 Nutley Lane area 11 ft to the south property line and for 9 Nutley Lane 12 ft to the south property line where a 20 ft setback is required. Expansion of non -conforming. Stormwater device of stone rip rap at the shoreline where a 100 ft setback is required. Also 7 Nutley Lane for adding a third dwelling unit as it includes a kitchen. Permeability 70.91% is proposed where 75% is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 18, 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. 21-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 18th Day of May 2022 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 22-2022 Project Applicant: 3 Antigua Road LLC. Project Location: 3 & 5 Antigua Road Parcel History: AV 59-2014, SP 25-2022 SEQR Type: Type II Meeting Date: May 18, 2022 Description of Proposed Project: Applicant proposes to construct a new 2,145 sq. ft. home with a 180 sq. ft. deck footprint with a floor area of 6,483 sq. ft. The new home is to be greater than 28 ft. in height. The driveway area included permeable pavers of 1400 sq. ft. and 8,145 sq ft hard -surfacing. The parcel that is located in the Town of Queensbury adjoins a parcel that is in the Town of Lake George that has frontage on the lake. The project includes a new entry porch overhang to the existing home and a portion of the new hard surface area for the outdoor kitchen that is located in the Town of Lake George. Site plan for new floor area in a CEA. Relief requested for setbacks, height, permeability, and stormwater device setback. Relief Required: The applicant requests relief for setbacks, height, permeability, and stormwater device setback. Section 179-3-040 dimensional, 147 Stormwater device The construction of the new home requires relief from height where 37 ft is proposed and where 28 ft is the maximum height allowed. In addition relief is requested for building to be located 68 ft from the shoreline when 75 ft is required; rear setback proposed at 0 ft where 30 ft is required. Relief is requested for the stormwater devices located less than 100 ft from the shoreline. Permeability is being improved from 60.27 % to 67.12% where 75% is required; no variance is necessary as it is an improvement. 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 property configuration with a portion being in the Town Lake George and a portion in the Town of Queensbury. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate to substantial relevant to the code. Relief is construction of the guest house where relief from the shoreline is to be 7 ft, relief from the rear setback is 30 ft, and stormwater device is 7 ft. Height relief of 9 ft. 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 project involves constructing a new guest home in a similar location to guest home that was destroyed by fire — the new home is larger than the original. The plans show the work to be completed on the site with the new home and driveway area. In addition, the plans show the work to be done in the Town of Lake George with the existing main home, shoreline work, and the porch area of the guest house. The applicant plans to revise the application materials with a smaller guest home and an expanded patio with an outdoor kitchen. The applicant has been made aware the revisions may require to re -advertise the project with the new information. Staff would suggest tabling the application to a June meeting. 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 pro-,' 'IbIV71 of (tUM)sbUly Area Variance Resolution To: Approve / Disapprove Applicant Name: 3 Antigua Road LLC File Number: AV 22-2022 Location: 3 & 5 Antigua Road Tax Map Number: 239.17-1-2 & 239.17-1-1 ZBA Meeting Date: May 18, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from 3 Antigua Road LLC. Applicant proposes to construct a new 2,145 sq. ft. home with a 180 sq. ft. deck footprint with a floor area of 6,483 sq. ft. The new home is to be greater than 28 ft. in height. The driveway area included permeable pavers of 1400 sq. ft. and 8,145 sq ft hard -surfacing. The parcel that is located in the Town of Queensbury adjoins a parcel that is in the Town of Lake George that has frontage on the lake. The project includes a new entry porch overhang to the existing home and a portion of the new hard surface area for the outdoor kitchen that is located in the Town of Lake George. Site plan for new floor area in a CEA. Relief requested for setbacks, height, permeability, and stormwater device setback. Relief Required: The applicant requests relief for setbacks, height, permeability, and stormwater device setback. Section 179-3-040 dimensional, 147 Stormwater device The construction of the new home requires relief from height where 37 ft is proposed and where 28 ft is the maximum height allowed. In addition, relief is requested for building to be located 68 ft from the shoreline when 75 ft is required; rear setback proposed at 0 ft where 30 ft is required. Relief is requested for the stormwater devices located less than 100 ft from the shoreline. Permeability is being improved from 60.27 % to 67.12% where 75% is required; no variance is necessary as it is an improvement. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 18, 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 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. 22-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 18th Day of May 2022 by the following vote: NOES: