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Staff NotesStaff Notes C• November 16,2022 Administrative Items: Approval of Meeting Minutes for October 19, 2022 and October 26, 2022. Approval of Meeting Dates Calendar for Year 2023 Tabled Items: AV 20-2022 Eric Carlson AV 21-2022 Reds LG, LLC New Business: AV 59-2022 Steve &Tracey Bureau AV 60-2022 Loreen Harvey (Kasselman Solar) AV 63-2022 3 Sons and Holly LLC Queensbury Zoning Board of Appeals Agenda Meeting: November 16, 2022 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Administrative Items: Approval of Meeting Minutes for October 19, 2022 & October 26, 2022 Review and Approval of Meeting Dates Calendar for 2023 TABLED ITEMS: Applicant(s) Eric Carlson Area Variance Number AV 20-2022 Owner(s) Eric Carlson SEQRA Type Type II Agent(s) Chris Keil Environmental Design Partner Lot Size 1.25 acres Location & Ward 67 Brayton Lane Ward 1 Zoning WR 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; July 20, 2022; October 19, 2022; Adirondack Park Agency ALD November 16, 2022 Proiect Description: (Revised) Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with an attached garage. The home will have a footprint of 3,381 sq. ft. The new floor area of 6,033 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 and stormwater device less than 100 ft. from shoreline and wetland. Applicant(s) Reds LG,LLC Area Variance Number 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 & Ward 7, 9, 13 Nutley Lane Ward 1 Zoning WR 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; July 20, 2022; September 21, 2022; Adirondack Park Agency ALD November 16, 2022 Proiect Description: (Revised) Applicant proposes to complete alterations to two existing dwelling units on the site and reduction of 7 Nutley Lane to an accessory structure. Alterations include 7 Nutley Lane reduced to 330 sq. ft.; 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 2,053 sq. ft. with four bedrooms). Total floor area 3,791 sq. ft. Project includes grass depression areas for stormwater management, shoreline plantings, rock wall with steps, and reduction in hard surfacing. 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 9 Nutley for setbacks, expansion of nonconforming, and height for 7 Nutley Lane. NEW BUSINESS: Applicant(s) Steve & Tracey Bureau Area Variance Number AV 59-2022 Owner(s) Steve & Tracey Bureau SEQRA Type Type II Agent(s) Rucinski Hall Architecture — Ethan Hall Lot Size 0.16 acres Location & Ward 5 Chestnut Rd. Ward 1 Zoning WR Tax Id No 289.13-1-7 Section 179-3-040; 179-5-020; 179-13-010 Cross Ref SP 74-2022 Warren County Planning n/a Public Hearing November 16, 2022 Adirondack Park Agency n/a Proiect Description: Applicant has constructed a 45 sq. ft. mudroom addition and 22.1 sq. ft closet area to an existing home. The home has a floor area of 1,338 sq. ft. and a footprint of 1,110 sq. ft. with deck/porch of 463 sq. ft. In addition, the applicant has removed a garage and replaced it with a 228 sq. ft. shed. Site plan for new floor area in a CEA and expansion of nonconforming structure. Relief is requested for setbacks and expansion of preexisting nonconforming structure. Queensbury Zoning Board of Appeals Agenda Meeting: November 16, 2022 Time: 7:00- 11:00 pm Queensbury Activities Center— 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Loreen Harvey Kasselman Solar LLC Area Variance Number AV 60-2022 Owner(s) Rory Russell SEQRA Type Type II Agent(s) Loreen Harvey Lot Size 6.1 acres Location & Ward 1516 Ridge Rd Ward 1 Zoning MDR Tax Id No 266.3-1-76.1 Section 179-5-140 Cross Ref SP 75-2022 Warren County Planning November 2022 Public Hearin November 16, 2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes a ground mounted solar project for 25.92 kw (54 panels) approximately 1,348 sq. ft. The existing home of 5,035 sq. ft. is to remain with no changes. The project will be located on the north property line where no vegetation is to be removed. Site plan for ground mounted solar project for residential use. Relief is requested for setbacks. Applicant(s) 3 Sons and Holly, LLC (Michael Area Variance Number AV 63-2022 Care Jr. Owner(s) 3 Sons and Holly, LLC SEQRA Type Type II Agent(s) Studio A Landscape, Arch. & Eng.; Lot Size 0.38 acres Jon Lapper, Esq. Location & Ward 28 Holly Lane Ward 1 Zoning WR Tax Id No 239.12-2-57 Section 179-3-040; 179-6-065; 179-4-080; 147 Cross Ref SP 76-2022 Warren County Planning November 2022 Public Hearing November 16, 2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition to the existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to construct a new 72 sq. ft. porch and a 200 sq. ft. porch. The new floor area is 3,225 sq. ft. Site work includes installation of an on -grade paver patio area and stone slab path, enlarging the fire pit area. In addition, there is to be a rain garden and shoreline plantings added to the site. There are no changes to the existing 1,152 sq. ft. footprint garage with living space. Site plan for new floor area in a CEA, expansion of nonconforming structure, and hard -surfacing within 50 ft. of the shoreline. Relief is requested for permeability, expansion of a nonconforming structure, and 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\November 16, 2022\ZBA Final Agenda November 16, 2022.docx 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 241-2018, SP 26-2022 SEQR Type: Type II Meeting Date: November 16, 2022 Description of Proposed Project] - (Revised) Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with an attached garage. The home will have a footprint of 3,381 sq. ft. The new floor area of 6,033 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 and stormwater device less than 100 ft. from shoreline and wetland. Relief Required: The applicant requests relief for setbacks and stormwater device less than 100 ft. from shoreline in regard to construction of a new home with an attached garage. The parcel is 1.25 ac and in the Waterfront Residential zone-WR. Section 179-3-040 dimensional, Chapter 147 stormwater device Revised with the garage being attached to the proposed home which removes the height variance. The portion of the home with the garage is located 14 ft. from the property line where a 25 ft. setback is required. The stormwater device is to be 50 ft. from the lake and 50 ft. from the wetland 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 the 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 11 ft. and stormwater device location is 50 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 attached garage. The applicant has revised the plans noting the garage has been moved further from the property line. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Queen. U1 I 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; July 20, 2022; November 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Eric Carlson. (Revised) Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with an attached garage. The home will have a footprint of 3,381 sq. ft. The new floor area of 6,033 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 and stormwater device less than 100 ft. from shoreline and wetland. Relief Required: The applicant requests relief for setbacks and stormwater device less than 100 ft. from shoreline in regard to construction of a new home with an attached garage. The parcel is 1.25 ac and in the Waterfront Residential zone-WR. Section 179-3-040 dimensional, Chapter 147 stormwater device Revised with the garage being attached to the proposed home which removes the height variance. The portion of the home with the garage is located 14 ft. from the property line where a 25 ft. setback is required. The stormwater device is to be 50 ft. from the lake and 50 ft. from the wetland where 100 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on May 18, 2022, July 20, 2022, & November 16, 2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 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 (Uproval) / 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 161h Day of November 2022 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 21-2022 Project Applicant: Reds LG, LLC. Project Location: 7, 9 & 13 Nutley Lane Parcel History: SEP 37-2021, SP 29-2022 SEQR Type: Type II Meeting Date: November 16, 2022 Description of Proposed Project: (Revised) Applicant proposes to complete alterations to two existing dwelling units on the site and reduction of 7 Nutley Lane to an accessory structure. Alterations include 7 Nutley Lane reduced to 330 sq. ft.; 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 2,053 sq. ft. with four bedrooms). Total floor area 3,791 sq. ft. Project includes grass depression areas for stormwater management, shoreline plantings, rock wall with steps, and reduction in hard surfacing. 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 9 Nutley for setbacks, expansion of nonconforming, and height for 7 Nutley Lane. Relief Required: Revised. The applicant requests relief for setbacks, expansion of nonconforming, and height of 7 Nutley Lane. The parcel is 0.53 acres and located in the Waterfront Residential zone —WR. Section 179-3-040 dimensional, Revised — 7 Nutley Lane would be reduced to 330 sq. ft. with no kitchen, bathroom or deck, building size reduced to meet setbacks. 7 Nutley Lane would be 19 ft. in height and would require a height variance for being greater than 16 ft. for an accessory structure. 9 Nutley Lane building work would be 4 ft. to the north property line where a 20 ft. setback is required; and 12 ft. to the south property line where a 20 ft. setback is required. Expansion of non -conforming for 7 and 9 Nutley Lane. Permeability existing is 67. 78% and improved to 69.60% proposed where 75% is required- noting no relief is required as the site is improving the permeability on site. 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. The setback and permeability variances may be limited due to lot shape and location of the buildings on the site. 3. Whether the requested area variance is substantial. The relief requested is moderate relevant to the code. 9 Nutley Lane relief —North side setback of 16 ft, South side setback of 8 feet. 9 and 7 Nutley Lane requires relief for expansion of a nonconforming structure. Accessory structure relief for height of 3 ft. No permeability relief is requested. 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. 5. 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 revised removing the bathroom, kitchen and deck and reduced to 330 sq. ft., then 9 Nutley Lane for deck expansion. The plans show revisions for the building reduction for 7 and the work completed for 9 to remain. In addition, the plans indicated the stormwater management on the site and shoreline plantings. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of CZueensbiny 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; July 20, 2022; September 21, 2022; November 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Reds LG, LLC. (Revised) Applicant proposes to complete alterations to two existing dwelling units on the site and reduction of 7 Nutley Lane to an accessory structure. Alterations include 7 Nutley Lane reduced to 330 sq. ft.; 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 2,053 sq. ft. with four bedrooms). Total floor area 3,791 sq. ft. Project includes grass depression areas for stormwater management, shoreline plantings, rock wall with steps, and reduction in hard surfacing. 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 9 Nutley for setbacks, expansion of nonconforming, and height for 7 Nutley Lane. Relief Required: Revised. The applicant requests relief for setbacks, expansion of nonconforming, and height of 7 Nutley Lane. The parcel is 0.53 acres and located in the Waterfront Residential zone —WR. Section 179-3-040 dimensional, Revised — 7 Nutley Lane would be reduced to 330 sq. ft. with no kitchen, bathroom or deck, building size reduced to meet setbacks. 7 Nutley Lane would be 19 ft. in height and would require a height variance for being greater than 16 ft. for an accessory structure. 9 Nutley Lane building work would be 4 ft. to the north property line where a 20 ft. setback is required; and 12 ft. to the south property line where a 20 ft. setback is required. Expansion of non -conforming for 7 and 9 Nutley Lane. Permeability existing is 67.78% and improved to 69.60% proposed where 75% is required- noting no relief is required as the site is improving the permeability on site. SEQR Type II — no further review required; A public hearing was advertised and held on May 18, 2022, July 20, 2022, September 21, 2022, & November 16, 2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b (denial) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO.21-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 16th Day of November 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 59-2022 Project Applicant: Steve & Tracey Bureau Project Location: Parcel History: SEQR Type: Meeting Date: 5 Chestnut Road SP 74-2022 Type II November 16, 2022 Description of Proposed Project: Applicant has constructed a 45 sq. ft. mudroom addition and 22.1 sq. ft closet area to an existing home. The home has a floor area of 1,338 sq. ft. and a footprint of 1,110 sq. ft. with deck/porch of 463 sq. ft. In addition, the applicant has removed a garage and replaced it with a 228 sq. ft. shed. Site plan for new floor area in a CEA and expansion of nonconforming structure. Relief is requested for setbacks and expansion of preexisting nonconforming structure. Relief Required: The applicant requests relief for construction of a mudroom, closet area addition, and placement of a shed that includes setbacks and expansion of preexisting nonconforming structure. The project site is 0.19 ac in the WR zone. Section 179-3-040 dimension and 179-5-020 accessory The shed is located 17.0 ft. from front property line where 30 ft. is required, closet area is 8.5 ft. where 15 ft. 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 considered limited due to the location of the existing home on the parcel and the configuration of the interior of the home for the mudroom and closet additions. In addition, the existing shed had replaced a garage in a similar location. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested is 13.0 ft from the front yard setback for the shed and 6.5 ft for the closet. 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 proposes no changes to the existing conditions. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant has constructed an addition to an existing home, enclosed entry is to create a mudroom and has replaced a garage with a shed. The plans show the location of the addition, renovations, and the elevations. The project involves removal of an existing patio area to install the patio. The applicant has indicated the work completed was to improve a neglected camp. 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 Toren of Qeensbin), Area Variance Resolution To: Approve / Disapprove Applicant Name: Steve & Tracey Bureau File Number: AV 59-2022 Location: 5 Chestnut Rd. Tax Map Number: 289.13-1-7 ZBA Meeting Date: November 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Steve & Tracey Bureau. Applicant has constructed a 45 sq. ft. mudroom addition and 22.1 sq. ft closet area to an existing home. The home has a floor area of 1,338 sq. ft. and a footprint of 1,110 sq. ft. with deck/porch of 463 sq. ft. In addition, the applicant has removed a garage and replaced it with a 228 sq. ft. shed. Site plan for new floor area in a CEA and expansion of nonconforming structure. Relief is requested for setbacks and expansion of preexisting nonconforming structure. Relief Required: The applicant requests relief for construction of a mudroom, closet area addition, and placement of a shed that includes setbacks and expansion of preexisting nonconforming structure. The project site is 0.19 ac in the WR zone. Section 179-3-040 dimension and 179-5-020 accessory The shed is located 17.0 ft. from front property line where 30 ft. is required, closet area is 8.5 ft. where 15 ft. is required. SEQR Type II — no further review required; A public hearing was advertised and held on November 16, 2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 59-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 1611 Day of November 2022 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 60-2022 Project Applicant: Loreen Harvey (Kasselman Solar LLC) Project Location: Parcel History: SEQR Type: Meeting Date: 1516 Ridge Road SP 75-2022 Type II November 16, 2022 Description of Proposed Project: Applicant proposes a ground mounted solar project for 25.92 kw (54 panels) approximately 1,348 sq. ft. The existing home of 5,035 sq. ft. is to remain with no changes. The project will be located on the north property line where no vegetation is to be removed. Site plan for ground mounted solar project for residential use. Relief is requested for setbacks. Relief Required: The applicant requests relief for placement of ground mounted solar panels for setbacks. The project site is 6.10 acres located in the MDR zone Section 179-3-040 dimensional, Section 179-5-140 renewable The ground mounted panel is to be 0 ft to the property line where a 75 ft setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood 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 available to locate 75 ft from the property line where the parcel is 6.10 ac 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. Where 75 ft of relief is requested. 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 will have minimal to no adverse effects or impact on the physical or environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comment] The applicant proposes the installation of a ground mounted solar project that would be about 1,348 sq ft in size. The plans show the location to the far north property line adjacent to an existing tree line. The project includes connection of utilities to the existing home. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'Ibim of CLeeltsbuly Area Variance Resolution To: Approve / Disapprove Applicant Name: Loreen Harvey (Kasselman Solar LLC) File Number: AV 60-2022 Location: 1516 Ridge Rd. Tax Map Number: 266.3-1-76.1 ZBA Meeting Date: November 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Loreen Harvey (Kasselman Solar LLC). Applicant proposes a ground mounted solar project for 25.92 kw (54 panels) approximately 1,348 sq. ft. The existing home of 5,035 sq. ft. is to remain with no changes. The project will be located on the north property line where no vegetation is to be removed. Site plan for ground mounted solar project for residential use. Relief is requested for setbacks. Relief Required: The applicant requests relief for placement of ground mounted solar panels for setbacks. The project site is 6.10 acres located in the MDR zone Section 179-3-040 dimensional Section 179-5-140 renewable The ground mounted panel is to be 0 ft to the property line where a 75 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on November 16, 2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 60-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 161h Day of November 2022 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 63-2022 Project Applicant: 3 Sons and Holly, LLC. (Michael Carey Jr.) Project Location: Parcel History: SEQR Type: Meeting Date: 28 Holly Lane SP 76-2022 Type II November 16, 2022 Description of Proposed Project: Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition to the existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to construct a new 72 sq. ft. porch and a 200 sq. ft. porch. The new floor area is 3,225 sq. ft. Site work includes installation of an on -grade paver patio area and stone slab path, enlarging the fire pit area. In addition, there is to be a rain garden and shoreline plantings added to the site. There are no changes to the existing 1,152 sq. ft. footprint garage with living space. Site plan for new floor area in a CEA, expansion of nonconforming structure, and hard -surfacing within 50 ft. of the shoreline. Relief is requested for permeability, expansion of a nonconforming structure, and setbacks. Relief Required: The applicant requests relief for residential addition for permeability, expansion of a nonconforming structure, and setbacks. The project site is on a 0.34 ac parcel in the WR zone. Section 179-3-040 dimensional Relief is requested for permeability where 68.14% is proposed and 75% is required. Existing is 71.6%. The deck to be setback 39 ft. where a 50 ft. setback is required. Stormwater device proposed to be 35 ft. where 100 ft. 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. The applicant proposes alterations to an existing home and site. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be limited due -to the location of the existing home near the shoreline. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested for permeability is 6.86% and setback relief is 11 ft for the deck and 65 ft for stormwater. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal to no impact on the physical or the environmental conditions of the area. Stormwater controls are proposed. S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to alterations to the existing home to create a new entryway. The additional work includes a new deck to the back of the home and patio area improvement. The plans show the new addition entry elevation and the floor print area of the new deck. 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 limu of Queensbu►), Area Variance Resolution To: Approve / Disapprove Applicant Name: 3 Sons and Holly, LLC (Michael Carey, Jr.) File Number: AV 63-2022 Location: 28 Holly Lane Tax Map Number: 239.12-2-57 ZBA Meeting Date: November 16, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from 3 Sons and Holly, LLC (Michael Carey Jr.). Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition to the existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to construct a new 72 sq. ft. porch and a 200 sq. ft. porch. The new floor area is 3,225 sq. ft. Site work includes installation of an on -grade paver patio area and stone slab path, enlarging the fire pit area. In addition, there is to be a rain garden and shoreline plantings added to the site. There are no changes to the existing 1,152 sq. ft. footprint garage with living space. Site plan for new floor area in a CEA, expansion of nonconforming structure, and hard -surfacing within 50 ft. of the shoreline. Relief is requested for permeability, expansion of a nonconforming structure, and setbacks. Relief Required: The applicant requests relief for residential addition for permeability, expansion of a nonconforming structure, and setbacks. The project site is on a 0.34 ac parcel in the WR zone. Section 179-3-040 dimensional Relief is requested for permeability where 68.14% is proposed and 75% is required. Existing is 71.6%. The deck to be setback 39 ft. where a 50 ft. setback is required. Stormwater device proposed to be 35 ft. where 100 ft. is required. SEQR Type II — no further review required; A public hearing was advertised and held on November 16, 2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 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. 63-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 1611 Day of November 2022 by the following vote: AYES NOES: