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10-26-2022 (Queensbury ZBA Meeting 10/26/2022) QUEENSBURYZONING WARD OFAPPEALS SECOND REGULAR MEETING OCTOBER 261r,2022 INDEX Notice of Appeal No.1-2022 Starr Mowery 1. Tax Map No. 302.7-1-24 Sign Variance No. 6-2022 Matthew Flansburg 1. Tax Map No. 302.5-1-92.12 Area Variance No.51-2022 Cathy&Edward Lungen 6. Tax Map No. 30S.19-1-9 Area Variance No.56-2022 Sterling Home Solutions 10. Tax Map No. 30S.15-1-4 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 10/26/2022) QUEENSBURY ZONING BOARD OF APPEALS SECOND REGULAR MEETING OCTOBER 26TK 2022 7.00 P.M. MEMBERS PRESENT MICHAEL MC CABE,CHAIRMAN JAMES UNDERWOOD,VICE CHAIRMAN ROY URRICO,SECRETARY JOHN HENKEL RONALD KUHL RICHARD CIPPERLY MEMBERS ABSENT BRENT MC DEVITT LAND USE PLANNER-LAURA MOORE STENOGRAPHER-KAREN DWYRE MR. MC CABE-Good evening. I'd like to open tonight's meeting of the Queensbury Zoning Board of Appeals, Wednesday, October 26`h, 2022. If you haven't been here before, our procedure is relatively simple. There should bean agenda on the back table. We'll call each case up,read the case into the record, allow the applicant to present their case, ask questions of the applicant, if a public has been advertised, then we'll open the public hearing,allow the public to provide their view on the application,and then we'll close the public hearing. I'll poll the Board and then we'll proceed accordingly. So we've got a couple of students back there. If you guys want to get a couple of the little tags there,put your name on it,and then at the end of the meeting we'll sign that for you. So before we get started, just for the benefit of the students, what's going on here tonight is there are three Boards in the Town of Queensbury that have to do with land use,the Town Board,the Planning Board,and the Zoning Board. So we're the Zoning Board and we're concerned with issues of signage,how buildings are placed on lots,the size of lots and that sort of thing. First we have a couple of administrative items that we have to take care of,though. TABLED ITEM: NOTICE OF APPEAL NO. NOA 1-2022 SEQRA TYPE TYPE 11 STARR MOWERY AGENT(S) STEFANIE DI LALLO BITTER O WNER(S) CKT ENTERPRISES,LLC ZONING Cl LOCATION 2 GLENDALE DR. APPELLANT IS APPEALING THE ZONING ADMINISTRATOR'S DETERMINATION REGARDING RESIDENTIAL ELEMENTS IN THE COMMERCIAL INTENSIVE ZONE. CROSS REF CC-0229-2022 WARREN COUNTY PLANNING N/A LOT SIZE 0.33 ACRES TAX MAP NO. 302.7-1-24 SECTION 179-16-090 The Zoning Board of Appeals of the Town of Queensbury has received an application from Starr Mowery from Section(s): 179-16-090 of the Zoning Code of The Town of Queensbury in order to appeal the Zoning Administrator's determination decision regarding residential elements in the Commercial Intensive zone. MOTION TO TABLE NOTICE OF APPEAL NO. 1-2022 STARR MOWERY, Introduced by John Henkel who moved for its adoption,seconded by Ronald Kuhl: Tabled to November 30`h,2022 with any new information by November 15`h,2022. Duly adopted this 26`h day of October,2022,by the following vote: AYES: Mr. Cipperly,Mr. Kuhl,Mr. Urrico, Mr. Henkel,Mr. Underwood,Mr. McCabe NOES: NONE ABSENT: Mr. McDevitt MR. MC CABE-So our first application is SV 6-2022,Matthew Flansburg,Target Corporation. NEW BUSINESS: SIGN VARIANCE NO. SV 6-2022 SEQRA TYPE UNLISTED MATTHEW FLANSBURG AGENT(S) KIMLEY-HORN OWNER(S): TARGET CORPORATION ZONING ESC 2 (Queensbury ZBA Meeting 10/26/2022) LOCATION 578 AVIATION ROAD APPLICANT PROPOSES TO UPDATE THE TARGET FACADE WITH RE-LOCATING THE EXISTING CVS SIGN AND TO INSTALL A NEW BLOCK BACKER WITH NEW 77.1 SQ. FT. DRIVE-UP SIGN. THE SIGNS TO REMAIN INCLUDE THE CVS SIGN IN A NEW LOCATION AND THE BULLSEYE LOGO. THE BLOCK BACKER MATERIAL TO THE NEW SIGN WOULD BE SIMILAR IN COLOR TO THE BLOCK BACKER BEHIND THE EXISTING WHITE TARGET LOGO. SITE PLAN FOR THE FACADE ALTERATIONS. RELIEF IS REQUESTED FOR NUMBER OF SIGNS. CROSS REF SP 65-2022; SP 40-2019; SV 21-2005, SV 87-2004 WARREN COUNTY PLANNING OCTOBER 2022 LOT SIZE 8.13 ACRES TAX MAP NO. 302.5-1-92.12 SECTION 140 CASEY LIEBERMAN,REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Sign Variance No.6-2022,Matthew Flansburg,Meeting Date: October 26,2022 "Project Location: 57S Aviation Road Description of Proposed Project: Applicant proposes to update the Target facade with relocating the existing CVS sign and to install a new block backer with new 77.1 sq.ft. drive-up sign. The signs to remain include the CVS sign in a new location and the Bullseye logo. The block backer material to the new sign would be similar in color to the blocker behind the existing white Target logo. Site plan for the facade alterations. Relief is requested for number of signs. Relief Required: The applicant requests relief for number of signs allowed per tenant in an Enclosed Shopping Center on an 5.13 ac parcel. Chapter 140 The applicant proposes an additional wall sign to the existing Target facade. The additional signage would be an auto logo and the words"pick up". Relief is requested for proposing three wall signs where previous variance was for two wall signs. Chapter 140 only allows one wall sign per merchant in a business complex. 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 number of signs requested. 3. Whether the requested sign variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested to have I additional wall sign. 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 an existing Target store where the new sign is proposed on the North side of the building. The north side facing Aviation Road. The intent is to share information about pick up of items outside versus going into the store. The plans show the existing and proposed signage." MR. MC CABE-State your name for the record,please. MS. LIEBERMAN-My name is Casey Lieberman. I am a civil engineer at Kimley-Horn and I am representing Target tonight as their Regional Program Manager for their re-model program and drive-up program. Should I just get right into it? So I was here last night before the Planning Board to receive Planning Board approval for this, and I'm going to bringing up the drive-up program a lot but that didn't need any planning approvals. It just goes hand in hand with the re-model program. So as you may know, there's an existing drive-up program at this Target. So essentially you place orders on line,you pull into the stall,which is a sign you mark on your app which space number you're in and it's a two minute turnover rate. The employees bring the goods out to your car and you leave. So,that being said,they've had great 3 (Queensbury ZBA Meeting 10/26/2022) success nationwide so they're expanding the drive-up programs at all the stores. Right now there's typically four to six existing drive-up spaces,but we're going to be expanding that to about 24 spaces,and so the purpose of adding this drive-up wall sign to the building is really just for way finding purposes. It's so when you pull into the parking lot it provides the customers directional signage of navigating to the correct drive-up spaces so that doesn't cause any traffic jams or there's no congestion bogging the entrance and a big part of this is we're moving the drive-up spaces further from the main entrance because this isn't our scope of work,but we're adding a new door to the building which the architect will be applying for a permit for,but it's for employees only and they bring the goods in and out of there. So like I said,wall sign, 77 square feet. It's really just therefor directional purposes to help the customers. MR. MC CABE-Okay. Pretty straightforward. So do we have questions of the applicant? MR. HENKEL-When you say directional, you're not pulling up to the building. You're pulling up to a spot in the parking lot. MS. LIEBERMAN-So part of the drive-up program is that there's those post and panel signs at the head of each stall which says the space number,but I guess directional is not the right word to use. I guess it's really more way finding,just so it navigates the customers the correct part of the parking lot when they're pulling in from Aviation Road. MR. MC CABE-Other questions? MR.KUHL-Can I ask a quick question? MR. MC CABE-Absolutely. MR. KUHL-I'm a little confused. You're adding a drive-up sign and yet in here it says that an auto logo and the words pick up. Where is the pick up going to be? MS. LIEBERMAN-I'm not sure why it says pickup. It's just the drive-up wall sign. MR.KUHL Just the drive-up wall between the CVS and the Target logo? MS. LIEBERMAN-Yes. MR.KUHL-Okay. Thank you. MS. LIEBERMAN-And then just one thing to add. In the proposed scope we're also adding efface behind the drive-up wall sign. There's existing efface along the storefront right now behind the bullseye. So it's going to be that same color. It just has that sleek look. So it's going to support the character of the building. MR. MC CABE-Other questions? MR.HENKEL-I really don't know why you need that sign that says,on the building,when you're going to have signage in the parking lot where to pick it up. It's just kind over overkill I think. MS.LIEBERMAN-I think it's just so,because there's also an order pick up service which is a window sign. So that means you actually go to the store, do it yourself. So I think they just want to make sure it differentiates from that,you know,that part of the parking lot is for drive-up and order pick up is actually going to sort of pick it up yourself,and really the main purpose of this is you see it from the street. That's why it's 77 square feet. MR. KUHL-What's the intent,you're going to have dedicated parking spots for drive up, and the people up there,they're going to bring the product out from that door underneath the drive-up sign? MS. LIEBERMAN-Yes, exactly. There's existing I think six spaces there right now. I have the drive-up plans. There's probably four or six spaces there right now,but it's being expanded to 24 spaces. MR.KUHL-Okay. MS. LIEBERMAN-So there's going to be a curb wrap added,crosswalks,stop sign,stop bars. MR.URRICO-Are you going to be directed by the app,or how are they going to be directed to the parking spaces? MS. LIEBERMAN-Well, that's the purpose of having the wall sign right across from it, so when they're driving into the parking lot,they know where to go. 4 (Queensbury ZBA Meeting 10/26/2022) MR. URRICO-You don't think they're going to pull up to the wall signs? If you think that's what's going to happen,then you can put as many signs as you want in the parking lot. MR. HENKEL-Lowe's, Home Depot, they've all got them, and I don't see where they've got them on the wall. You have them in the parking, individual signs in each spot, give them the number that you're at, they bring it out to that number. MS. LIEBERMAN-There's additional signage within the drive-up portion that helps with not knowing to pull up to the sign, on the building itself. So it wasn't part of the scope I'm presenting tonight,but there is sufficient signage in that part of it that could help customers get there. Because I know right now the Target there's an existing beacon sign. MR. MC CABE-Additional questions? So at this particular time I'm going to open the public hearing,see if there's anybody in the audience who would like to provide input on this particular project. Roy,do we have anything written? PUBLIC HEARING OPENED MR. URRICO-No. MR. MC CABE-So I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-And I'm going to poll the Board, and I'm going to start with Dick. MR.CIPPERLY-You see this drive-up thing at other stores and restaurants. It seems to work pretty well. This is a huge parking lot, and I could see why you'd want something that directs people to the right area of the parking lot. So I would not be opposed to it. MR. MC CABE Jim? MR. UNDERWOOD-I don't think it's dissimilar to your competitors up the road. So I have no problem with it. MR. MC CABE John? MR. HENKEL-I don't see where there's a need to have a sign there. I understand that it's a new concept that everybody's doing having people pick up stuff in parking lots,and I think with the signs in the parking lot with the numbers it's enough. So I would not be in favor of that sign on the wall. MR. MC CABE-Ron? MR. KUHL-I believe that this is kind of a new wave. I know with other businesses every once in a while I get ticked off because they've got all the best parking spots,but more people are ordering on line today, and you can't blame the vendor for wanting to highlight that they do have a call in and drive up,and so as it's stated,I would be in favor of it. MR. MC CABE-Roy? MR. URRICO-I have no problem with the sign at all. I just have a problem with the concept that they're trying to use,but that's their problem. MR. MC CABE-And it seems pretty simple and straightforward to me. So I support the project also. So at this particular time I'm going to ask John for SEQR. MOTION REGARDING SIGN VARIANCE NO. 6-2022. APPLICANT NAME: MATTHEW FLANSBURG, BASED UPON THE INFORMATION AND THE ANALYSIS OF THE ABOVE SUPPORTING DOCUMENTATION PROVIDED BY THE APPLICANT, THIS BOARD FINDS THAT THIS WILL NOT RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT. SO WE GIVE IT A NEGATIVE DECLARATION, Introduced by John Henkel who moved for its adoption,seconded by Michael McCabe: Duly adopted this 26th Day of October 2022,by the following vote: AYES: Mr. Cipperly,Mr.Henkel,Mr. Urrico, Mr. Kuhl,Mr. Underwood, Mr. McCabe NOES: NONE 5 (Queensbury ZBA Meeting 10/26/2022) ABSENT: Mr. McDevitt MR. MC CABE-And so,Jim,could you give me a motion for the sign. The Zoning Board of Appeals of the Town of Queensbury has received an application from Matthew Flansburg. Applicant proposes to update the Target facade with relocating the existing CVS sign and to install a new block backer with new 77.1 sq.ft. drive-up sign. The signs to remain include the CVS sign in a new location and the Bullseye logo. The block backer material to the new sign would be similar in color to the blocker behind the existing white Target logo. Site plan for the facade alterations.Relief is requested for number of signs. Relief Required: The applicant requests relief for number of signs allowed per tenant in an Enclosed Shopping Center on an 5.13 ac parcel. Chapter 140 The applicant proposes an additional wall sign to the existing Target facade. The additional signage would be an auto logo and the words"drive up". Relief is requested for proposing three wall signs where previous variance was for two wall signs. Chapter 140 only allows one wall sign per merchant in a business complex. SEQR Type:Unlisted [Resolution/Action Required for SEQR] Motion regarding Sign Variance No. 6-2022. Applicant Name: Matthew Flansburg,based upon the information and the analysis of the above supporting documentation provided by the applicant,this Board finds that this will not result in any significant adverse environmental impact. So we give it a Negative Declaration, Introduced by John Henkel who moved for its adoption,seconded by Michael McCabe: Duly adopted this 26th Day of October 2022,by the following vote: AYES: Mr. Cipperly,Mr.Henkel,Mr. Urrico, Mr. Kuhl,Mr. Underwood, Mr. McCabe NOES: NONE ABSENT: Mr. McDevitt A public hearing was advertised and held on Wednesday,October 26,2022. 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. 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? No. 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? Yes, they could have less signage, but this seems reasonable as proposed. 3. Is the requested sign variance substantial? No,it's only a small sign. 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? No. 5. Is the alleged difficulty self-created? Yes. 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: Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does Dot Deed to read the followingA through F): 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; 6 (Queensbury ZBA Meeting 10/26/2022) 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 SIGN VARIANCE 6-2022, MATTHEW FLANSBURG,Introduced by James Underwood,who moved for its adoption,seconded by Ronald Kuhl: Duly adopted this 26th Day of October 2022,by the following vote: AYES: Mr. Urrico,Mr. Cipperly,Mr. Underwood,Mr.Kuhl,Mr. McCabe NOES: Mr. Henkel ABSENT: Mr. McDevitt MR. MC CABE-Congratulations,you have a project. MS. LIEBERMAN-Thankyou. MR. MC CABE-So our next application is AV 51-2022,Cathy&Edward Lungen. AREA VARIANCE NO. 51-2022 SEQRA TYPE TYPE 11 CATHY &z EDWARD LUNGEN OWNER(S) CATHY &z EDWARD LUNGEN ZONING MDR LOCATION 126 SHERMAN ISLAND RD. APPLICANT PROPOSES TO REMOVE A 100 SQ. FT. SHED AND REPLACE WITH A 240 SQ.FT.SHED WITH 6 FT.WIDTH DOORS. PROJECT INCLUDES CRUSHED STONE FOR DRAINAGE. SITE HAS AN EXISTING HOME OF 4,194 SQ. FT. WITH TWO ATTACHED GARAGES (PREEXISTING CONDITION - ONE NOTED AS WORKSHOP). TEMPORARY SHELTER FOR TRUCK TO BE REMOVED. RELIEF IS REQUESTED FOR SETBACKS, PERMEABILITY, AND ADDITIONAL GARAGE. CROSS REF N/A WARREN COUNTY PLANNING N/A LOT SIZE 0.59 ACRES TAX MAP NO. 308.19-1-9 SECTION 179-5-020 CATHY&EDWARD LUNGEN,PRESENT STAFF INPUT Notes from Staff,Area Variance No.51-2022, Cathy&Edward Lungen, Meeting Date: October 26,2022 "Project Location: 126 Sherman Island Rd. Description of Proposed Project: Applicant proposes to remove a 100 sq.ft.shed and replace with a 240 sq.ft.shed with 6 ft.width doors.Project includes crushed stone for drainage. Site has an existing home of 4,194 sq. ft. with two attached garages included in the square footage (preexisting condition one noted as workshop). Temporary shelter for truck to be removed. Relief is requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the shed. The property is zone MDR and is 0.60 ac per survey. 179-5-020—accessory structure garage/shed The 240 sq. ft. shed is to be located 5 ft. from the rear property line where a 30 ft. is required. The permeability is proposed to be 340/o where existing is 350/o and required is 500/o. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination,the board shall consider: 7 (Queensbury ZBA Meeting 10/26/2022) 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue,other than an area variance. Feasible alternatives may be considered limited as the shed where the door on the shorter width(narrow side) will be sealed shut with shelving and the door on the longer length side will be used for the lawn mower storage. 3. Whether the requested area variance is substantial. The relief requested may be considered minor relevant to the code. Relief is requested for 15 ft.for the rear setback, and 150/o for permeability. 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 difficulty may be considered self-created. Staff comments: The applicant proposes to place a 240 sq. ft. shed on the property. The applicant has explained the shed is being moved from a relative's property and being placed on this property on a gravel base with 4x4 on the gravel. The narrow side with a door is to be blocked off with shelves inside and not used as a door- the wider side of the building will maintain the door with a small ramp to maneuver the tractor in and out -only one door. The applicant has indicated the building to be used for storage for lawn equipment and furniture. The plans show the elevations and floor plans of the building." MR. MC CABE-State your name. MRS. LUNGEN-Cathy Lungen. MR. LUNGEN-I'm Edward. MR. MC CABE-So do you have anything to add to the record? MRS. LUNGEN-We basically want to get rid of the shed we have,too,because the neighbors raised their yard four foot a few years ago and it buts into that corner of my yard and that shed that was there when I bought the house sits in that spot. So the floor is rotted. MR.MC CABE-So you want to approve the existing shed. It's got a six foot door but you're going to make it so that you don't really have a six foot door. So you're going to claim that it's an auxiliary structure as opposed to a second garage. MRS.LUNGEN-Well there's a fence there. You wouldn't be able to open the other door with the variance. MR.KUHL-Are you going to put any electricity in it or water? MRS. LUNGEN-No. Just a lawnmower my mother left me. MR.KUHL-Thank you. MRS. LUNGEN-It's got a five foot deck so it doesn't fit in the shed we have now. MR. MC CABE-Other questions of the applicant? Seeing none, I'm going to open the public hearing and see if there's anybody in the audience who would like to provide us with information on this particular project? Is there anything written,Roy? PUBLIC HEARING OPENED MR. URRICO-No written comment. MR. MC CABE-So at this time I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-And I'm going to poll the Board, and I'm going to start with John. S (Queensbury ZBA Meeting 10/26/2022) MR.HENKEL-We're working on the permeability here plus setback. Permeability's not too great,but it's only going to be one percent difference. I would rather see it a little bit more than five feet off the line,but I guess it's acceptable. I'd accept it as is. MRS. LUNGEN-It sits in woods back there that no one's going to see. MR.HENKEL-Yes,I understand that. MR. MC CABE-Ron? MR.KUHL-This is,again,a situation where people want to store equipment in there and they have a small lot and it fits right back in the corner. It's just such a shame that the regs say it's got to be 30 feet from the property line. I have no problem with this. I really don't. I'd be in favor of it the way it's presented. MR. MC CABE-Roy? MR. URRICO-Yes,I'm in favor of the application as is. MR. MC CABE-Dick? MR. CIPPERLY-I just have one question. You said that it's going to be five feet from the property line where thirty feet is required. Is that right? MR. MC CABE-Yes. MR. CIPPE RLY-Then you need more than 15 feet of relief. You need 25. MRS. MOORE-Twenty-five feet. Correct. MR. MC CABE-That's good. You're paying attention. MR. CIPPERLY-You drive around the back and the back of your lot's invisible to the neighbor. MRS. LUNGEN-Yes,nobody can see back there. MR. CIPPERLY-I have no problem with it. MR. MC CABE Jim? MR. UNDERWOOD-Yes, I don't think it should be misconstrued as a second garage. There's no real access to it for garage purposes. It's a shed. So I don't really have any problem with the six foot wide doors either. MRS. LUNGEN-It will be nice not to have to cover all the yard furniture up with tarps every winter. It's a pain in the neck. I'm getting too old to do it. MR.MC CABE-And I,too,support the project. The real question h ere is permeability,and I have to admit that there's a lot going on on a pretty small lot,but the fact that it is a pretty small lot makes it difficult to achieve the target permeability. So I'll overlook that. So I wonder, Ron,if you could make a motion for us here. MR.KUHL-Sure. Thank you,Mr. Chairman. The Zoning Board of Appeals of the Town of Queensbury has received an application from Cathy &z Edward Lungen. Applicant proposes to remove a 100 sq.ft. shed and replace with a 240 sq.ft. shed with 6 ft.width doors.Project includes crushed stone for drainage. Site has an existing home of 4,194 sq.ft.with two attached garages(preexisting condition one noted as workshop). Temporary shelter for truck to be removed. Relief is requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the shed. The property is zone MDR and is 0.60 ac per survey. 179-5-020—accessory structure garage/shed The 240 sq. ft. shed is to be located 5 ft. from the rear property line where a 30 ft. is required. The permeability is proposed to be 340/o where existing is 350/o and required is 500/o. SEQR Type II—no further review required, 9 (Queensbury ZBA Meeting 10/26/2022) A public hearing was advertised and held on Wednesday,October 26,2022. 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 as this is just replacing a smaller shed with a bigger shed and again because it's got the six foot opening it's considered a garage. 2. Feasible alternatives are really limited and the relief is really minor, and has been considered by the Board, are reasonable and have been included to minimize the request. 3. The requested variance is not substantial as the project will have minimal effect on the overall property. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. We could suggest that the alleged difficulty could be said to be self-created because they just wanted a shed with a six foot door,or they were given a shed. They weren't buying it. 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. 51-2022 CATHY &z EDWARD LUNGEN, Introduced by Ronald Kuhl, who moved for its adoption, seconded by Roy Urrico: Duly adopted this 26th Day of October 2022 by the following vote: AYES: Mr.Henkel,Mr. Cipperly,Mr. Urrico, Mr. Kuhl,Mr. Underwood, Mr. McCabe NOES: NONE ABSENT: Mr. McDevitt MR. MC CABE-Congratulations,you have a project. MRS. LUNGEN-Thank you. MR. MC CABE-So our next application is AV 56-2022,Sterling Home Solutions,196 Pitcher Road. MRS. MOORE-So I told him to be here at about 7:30 and it's,he should be herein a few minutes. I know he's on his way. MR. MC CABE-So we'll take a minute here and,for the benefit for our students,we've thrown a couple of terms around and so you're attending a public meeting, and what that means is that you can come and listen but you can't participate. Within the public meeting,with each case,we have a public hearing. So during the public hearing, you can actually participate. So you can address the Board, provide your thoughts, give the Board cautions, things that you think the Board should take into consideration when passing judgment on a particular case. So you'll find this in all of your public hearings. It'll be designated either as a public hearing or as a public meeting,or portions thereof, and as I stated before,there are three Boards that are involved with land use, the Town Board, the Planning Board and the Zoning Board. So you're hearing items of concern within the Zoning Board. So you've heard a Sign Variance and an Area Variance. The other variance that we deal with is called a Use Variance,and so that would be if somebody wanted to open a trampoline center off West Mountain Road. So it would depend what part of West Mountain Road it is whether that is residential or whether it's commercial. So if it was down near the ski area it wouldn't be so much of a problem,but if it was farther north,then it would be a problem,and you'd have to apply for a Use Variance to put such a business in there. So, Roy,you can go ahead with reading this variance into the record. 10 (Queensbury ZBA Meeting 10/26/2022) AREA VARIANCE NO. 56-2022 SEQRA TYPE TYPE II STERLING HOME SOLUTIONS AGENT(S) STERLING HOME SOLUTIONS OWNER(S) FRED STANNARD ZONING MDR LOCATION 196 PITCHER RD. APPLICANT PROPOSES A 224 SQ.FT.SUNROOM ADDITION TO THE EXISTING HOME. THE EXISTING HOME IS 1,344 SQ. FT. AND HAS A FRONT PORCH/DECK AREA OF 165 SQ. FT. THE REAR DECK IS TO BE REMOVED AND REPLACED WITH THE SUNROOM. RELIEF REQUESTED FOR SETBACKS. WARREN COUNTY PLANNING OCTOBER 2022 LOT SIZE 0.88 ACRES TAX MAP NO. 308.15-1-4 SECTION 179- 4-080 RICK RAINBOW, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No. 56-2022, Sterling Home Solutions, Meeting Date: October 26,2022 "Project Location: 196 Pitcher Rd. Description of Proposed Project: Applicant proposes a 224 sq. ft. sunroom addition to the existing home. The existing home is 1,344 sq. ft. and has a front porch/deck area of 165 sq.ft. The rear deck is to be removed and replaced with the sunroom. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for sunroom addition. The property is located in the MDR zone on a O.SS ac parcel,noting the parcel has frontage on Pitcher and Corinth Road where access to the home is only from Pitcher Road. Section 179-3-040 dimensions The proposed sunroom is to be 19.4 ft.from the west setback where a 30 ft. setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination,the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. 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 limited due to the existing home location. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. 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 the construction of a 224 sq. ft. sunroom addition to an existing home. The applicant has indicated there was a deck on the house that is to be removed and the new sundeck to be installed in a similar location. The survey shows the location of the sunroom to be installed." MRS. MOORE-I just called him. MR. MC CABE-So,just, again,for the students,you'll find if you go to a Town Board meeting, a Planning Board meeting or a Zoning Board meeting that the Board members are all seasoned like us,but in reality the requirements are just that you beat least 1S years of age and a citizen of the United States. So perhaps some of you could serve on a Board, and if you're interested in your community,I would encourage you to look into that activity. Down in Schenectady an 1S year old was just appointed to the Planning Board, which is a little unusual,but really we'd like to see input from younger people. MR.KUHL-I heard that on the radio this week. MR. MC CABE-Yes. 11 (Queensbury ZBA Meeting 10/26/2022) MR.KUHL-But he's also,isn't he taking structural engineering or something? MR. MC CABE-None of us have studied structural engineering. MR.KUHL-Speak for yourself. MR. MC CABE-Are you Fred? MR. RAINBOW-No,I'm Rick. I'm with Fred. Sterling Home Solutions. MR. MC CABE-Okay. You can take your seat. We already read your application into the record. So it seems like it's pretty straightforward. Do you have anything to add to this? You're going to remove a deck and replace it with a sunroom. MR. RAINBOW-The plan is to leave part of the deck that's framed, that meets current Code, but just extending it further. MR. MC CABE-Yes. And so all you're looking for is some relief for setbacks. MR. RAINBOW-Correct. MR. MC CABE-Anything else? MR. RAINBOW-No. MR. MC CABE-So do we have questions of the applicant? So at this particular time a public hearing has been advertised. So I'm going to open the public hearing and ask if there's anybody in the audience who would like to address us on this particular project. Roy,do we have anything written? PUBLIC HEARING OPENED MR.URRICO-Yes. "I approve of Fred Stannard's Application for a sunroom addition to his existing home. Robert Palmer" And I guess he's the next door neighbor at 510 Corinth Road. That's it. MR. MC CABE-Anything else? MR. URRICO-No. MR. MC CABE-So at this particular time I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-I'm going to poll the Board, and I'm going to start with Ron. MR.KUHL-Thank you,Mr. Chairman. This is,again,an improvement to the house and by extending the existing deck. Could this be placed somewhere else without needing a variance? Yes, but would it be placed properly on the house? I mean it's probably off the living room and that's where they want it. Sol have no problem with it. I'd be in favor. MR. MC CABE John? MR. HENKEL-Yes, I didn't really get a chance to walk behind the house to see it, but I assume, I don't know where the deck? MR. RAINBOW-It comes off the kitchen dining room door. MR.HENKEL-Okay. So the deck is closer to the. MR. RAINBOW-Yes, there's a garage, and then there's a kitchen window and then a 45 angle bump out which is the area for the dining seating area. It's off of there. MR.HENKEL-Okay. Gotcha. Yes,they're just asking for a minimal 10 foot 6 relief. So it's very minimal. So,yes,it's a good project. MR. MC CABE Jim? MR. UNDERWOOD-Yes, it'll allow the applicants to enjoy their property year round. So I have no problem. 12 (Queensbury ZBA Meeting 10/26/2022) MR. MC CABE-Dick? MR.CIPPERLY-I also have no problem with it. If you're going to put a sunroom,put it where the deck is. MR. MC CABE-Roy? MR. URRICO-Yes,I'm also in favor of the project. MR. MC CABE-And so I guess I've got to, since you took all that time to get here, I've got to make it unanimous. I support the project. It's going to replace a maintenance problem,the old deck,and it's going to extend the enjoyment of the property for the property owner. So it seems like a good project. So,given that,Dick,I wonder if you could make a motion for us. The Zoning Board of Appeals of the Town of Queensbury has received an application from Sterling Home Solutions. Applicant proposes a 224 sq. ft. sunroom addition to the existing home. The existing home is 1,344 sq.ft. and has a front porch/deck area of 165 sq.ft. The rear deck is to be removed and replaced with the sunroom. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for sunroom addition. The property is located in the MDR zone on a O.SS ac parcel,noting the parcel has frontage on Pitcher and Corinth Road where access to the home is only from Pitcher Road. Section 179-3-040 dimensions The proposed sunroom is to be 19.4 ft.from the west setback where a 30 ft. setback is required. SEQR Type II—no further review required, A public hearing was advertised and held on Wednesday,October 26,2022. 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 it's a beautiful place and it's something that's already there and it's really minimal. 2. Feasible alternatives have been considered and are really not reasonable. This is probably the best spot for it. 3. The requested variance is not substantial because it's already replacing an existing deck and it's a minimal expansion. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. Like it or not,the alleged difficulty is 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. 56-2022 STERLING HOME SOLUTIONS, Introduced by Richard Cipperly, who moved for its adoption,seconded by James Underwood: Duly adopted this 26th Day of October 2022 by the following vote: AYES: Mr. Urrico, Mr. Kuhl,Mr.Henkel,Mr. Cipperly,Mr. Underwood,Mr. McCabe NOES: NONE 13 (Queensbury ZBA Meeting 10/26/2022) ABSENT: Mr. McDevitt MR. MC CABE-Congratulations,you have a project. MR. RAINBOW-So at this point we go downstairs next door and get our permits. MRS. MOORE-So actually you'll talk to me probably tomorrow. You'll end up submitting final plans, which is why they gave you back those plans. You'll get a resolution. We'll talk about it tomorrow. MR. RAINBOW-Okay. MRS. MOORE-And if you have a chance, I talked to Fred briefly before you came in. So just give him a call when you get done. Thanks. MR. RAINBOW-Okay. Thank you. MR. MC CABE-So with that I make a motion to close tonight's meeting. MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF OCTOBER 26TH, 2022, Introduced by Michael McCabe who moved for its adoption, seconded by Roy Urrico: Duly adopted this 26`h day of October,2022,by the following vote: AYES: Mr. Urrico, Mr. Henkel,Mr. Kuhl,Mr. Cipperly,Mr. Underwood,Mr. McCabe NOES: NONE ABSENT: Mr. McDevitt MR. MC CABE-Thank you very much for attending our show. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Michael McCabe,Chairman 14