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Staff NotesStaff Notes 0 %, March 22, 2023 Administrative Items: Approval of Meeting Minutes for February 15, 2023 Request to Table AV 49-2022 (Faden Enterprises) to April 19, 2023 Request to Table AV 4-2023 (Eberlein) to April 19, 2023 Tabled Items: AV 63-2022 3 Sons and Holly LLC (Michael Carey Jr.) AV 8-2023 Sharon Serini New Business: AV 9-2023 Phillip Mitchell Queensbury Zoning Board of Appeals Agenda Meeting: March 22, 2023 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 February 15, 2023 Request to Table AV 49-2022 (Faden Enterprises) to April 19, 2023 Request to Table AV 4-2023 (Eberlein) to April 19, 2023 TABLED ITEMS: 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; December 14, Adirondack Park Agency ALD 2022; January 18; 2023; March 22, 2023 Proiect Description: (Revised) Applicant proposes alterations to an existing home and site. The project includes a 72 sq. ft. covered porch and 238 sq. ft. addition to the existing home. There is to be a deck addition of 365 sq. ft., a ground level patio of 297 sq. ft. and landscape rocks for path and firepit area. The parking area is to be reduced hard surfacing and installing an area of reinforced turf. In addition, there is to be a rain garden and shoreline plantings added to the site. The existing floor area of 2,809 sq. ft. to be increased to 3,047 sq. ft. There are no changes to the existing 1,152 sq. ft. floor area 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 expansion of a nonconforming structure and setbacks. Applicant(s) Sharon Serini Area Variance Number AV 8-2023 Owner(s) Sharon Serini SEQRA Type Type II Agent(s) Nick Ze len EDP Lot Size 0.2 acres Location & Ward 15 Private Road #1 Ward 1 Zoning WR Tax Id No 240.9-1-4 Section 179-3-040 Cross Ref SP 10-2023; FWW 2-2023 Warren County Planning February 2023 Public Hearing I February 15, 2023; March 22, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes a 2-story home with a footprint of 972 sq. ft., porch area of 240 sq. ft., and a floor area of 2,113 sq. ft. The project includes a septic system and stormwater management. The plan includes a vegetative plan for removal and plantings to remain. Site plan for new floor area in the CEA. Relief is requested for setbacks, floor area, and height. NEW BUSINESS: Applicant(s) Phillip Mitchell Area Variance Number AV 9-2023 Owner(s) Phillip Mitchell SEQRA Type Type II n/a Lot Size 0.42 acres -Agent(s) Location & Ward 2960 State Route 9L Ward 1 Zoning WR Tax Id No 239.20-1-10 Section 179-3-040; 179-5-020 Cross Ref SP 17-2023 Warren County Planning March 2023 Public Hearing March 22, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes to place a 160 sq. ft. shed on the property. The existing home of 983 sq. ft. and a 288 sq. ft. garage are to remain. The existing floor area is 1,800 sq. ft. and new floor area is to be 1,960 sq. ft. The shed is to be located near the driveway area with stormwater management. Site plan review for new construction in a CEA. Relief is requested for setbacks. Any further business,that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Office\ZBA Monthly 2023\March 22, 2023\ZBA Final Agenda March 22, 2023.docx Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761- 8238 Toiam of Queensbury Area Variance Resolution To: TABLE Applicant Name: Faden Enterprises File Number: AV 49-2022 Location: 1471 State Route 9 Tax Map Number: 288.-1-58 ZBA Meeting Date: October 19, 2022; December 14, 2022; March 22, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Faden Enterprises. Applicant proposes removal of an existing building on the site to construct 3 new buildings and associated site work. The project includes one building of 8,355 sq. ft. that is designated as 3 tenant spaces: 2,000 sq. ft. for a drive-thru; 2,500 sq. ft. for a restaurant; and 3,855 sq. ft. for retail space. The second and third buildings will contain a total of 24 units of self -storage in 3,480 sq. ft. Each building will be 1,740 sq. ft. and have 12 units. Site plan for new commercial development and self -storage facility, hard surfacing within 50 ft. of shoreline/wetland, Freshwater Wetland permit, and Special Use Permit for Self Storage facility. Relief is requested for setbacks. MOTION TO TABLE AREA VARIANCE NO. 49-2022 FADEN ENTERPRISES, Introduced by who moved for its adoption, seconded by Tabled to the April 19, 2023 Zoning Board of Appeals meeting with any new information to be submitted by Duly adopted this 22od Day of March, 2023, by the following vote: AYES: NOES: ABSENT: Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761- 8238 Town of Queensbury Area Variance Resolution To: TABLE Applicant Name: Geraldine Eberlein File Number: AV 4-2023 Location: 1.2 Seelye Road North Tax Map Number: 227.17-1-25 ZBA Meeting Date: February 15, 2023; March 22, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Geraldine Eberlein. Applicant proposes demolition of an existing home and guest cottage to construct a new home with a footprint of 2,411 sq. ft.; an outdoor kitchen of 234 sq. ft.; and a new floor area of 3,343 sq. ft. The project includes associated site work for a new permeable driveway, stormwater management, and shoreline landscaping; the project also includes installation of a new septic system on the adjoining property. Site plan for new floor area in a CEA and hard surfacing withing 50 ft. of the shoreline. Relief is requested for setbacks, floor area, and permeability. MOTION TO TABLE AREA VARIANCE NO. 4-2023 GERALDINE EBERLEIN, Introduced by who moved for its adoption, seconded by Tabled to the April 19, 2023 Zoning Board of Appeals Meeting with any new information due by Duly adopted this 22°d Day of March 2023, by the following vote: IAA-0-.3 NOES: ABSENT: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 63-2022 Project Applicant: 3 Sons and Holly, LLC. Project Location: 28 Holly Lane Parcel History: SP 76-2022 SEQR Type: Type II Meeting Date: March 22, 2023 Description of Proposed Project: (Revised) Applicant proposes alterations to an existing home and site. The project includes a 72 sq. ft. covered porch and 238 sq. ft. addition to the existing home. There is to be a deck addition of 365 sq. ft., a ground level patio of 297 sq. ft. and landscape rocks for path and firepit area. The parking area is to be reduced hard surfacing and installing an area of reinforced turf. In addition, there is to be a rain garden and shoreline plantings added to the site. The existing floor area of 2,809 sq. ft. to be increased to 3,047 sq. ft. There are no changes to the existing 1,152 sq. ft. floor area 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 expansion of a nonconforming structure and setbacks. Relief Required: The applicant requests relief for permeability, expansion of a nonconforming structure, and setbacks for residential additions and site work. The project site is on a 0.34 ac parcel in the WR zone. Section 179-3-040 dimensional Relief is requested for 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. Relief for permeability is no longer requested as project is to be 75.3% permeable. 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 shoreline setback relief is 11 ft. for the deck and 65 ft. for stormwater device. 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes 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 plan area of the new deck. The home and garage will remain with 4 bedrooms total where two will be in the existing home and two in the upstairs of the garage. 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 Qucensbury 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; December 14, 2022; January 18, 2023; March 22, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from 3 Sons and Holly, LLC (Michael Carey Jr.). (Revised) Applicant proposes alterations to an existing home and site. The project includes a 72 sq. ft. covered porch and 238 sq. ft. addition to the existing home. There is to be a deck addition of 365 sq. ft., a ground level patio of 297 sq. ft. and landscape rocks for path and firepit area. The parking area is to be reduced hard surfacing and installing an area of reinforced turf. In addition, there is to be a rain garden and shoreline plantings added to the site. The existing floor area of 2,809 sq. ft. to be increased to 3,047 sq. ft. There are no changes to the existing 1,152 sq. ft. floor area 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 expansion of a nonconforming structure and setbacks. Relief Required: The applicant requests relief for permeability, expansion of a nonconforming structure, and setbacks for residential additions and site work. The project site is on a 0.34 ac parcel in the WR zone. Section 179-3-040 dimensional Relief is requested for 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. Relief for permeability is no longer requested as project is to be 75.3% permeable. SEQR Type II — no further review required; A public hearing was advertised and held on November 16, 2022, December 14, 2022, January 18, 2023, & March 22, 2023 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 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. 63-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 22nd Day of March 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 8-2023 Project Applicant: Sharon Serini Project Location: 15 Private Road # 1 Parcel History: SP 10-2023; FWW 2-2023 SEQR Type: Type II Meeting Date: March 22, 2023 Description of Proposed Project: Applicant proposes a 2-story home with a footprint of 972 sq. ft., porch area of 240 sq. ft., and a floor area of 2,113 sq. ft. The project includes a septic system and stormwater management. The plan includes a vegetative plan for removal and plantings to remain. Site plan for new floor area in the CEA. Relief is requested for setbacks, floor area and height. Relief Required: The applicant requests relief for setbacks, floor area, and height for the construction of a new home. The project is on a 0.19 ac parcel in the Waterfront Residential zone, Lake George; the current site is vacant. Section 179-3-040 dimensional The new home is to be 10.0 ft. from the south property line where 12 ft. setback is required. 'The height of the new home is to be 31.35 ft. where the maximum height allowed is 28 ft. Floor area relief is also requested where 2,113 sq. ft. (25.6%) is proposed and the maximum allowed is 1,815 sq. ft. (22%). 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 minimal impact on the neighboring properties. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The feasible alternatives may be considered to construct the new home within the requirements. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. Relief for setback is 2 ft, the height is 3.5 ft and 3.6% for floor area. 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 new home on a vacant parcel. The new home will have access to Cleverdale Road from Private Road #1. The plans show the home to be two-story constructed on a slab. The plans include stormwater management, clearing, vegetative plantings. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Toim of Quccnsbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Sharon Serini File Number: AV 8-2023 Location: 15 Private Road #1 Tax Map Number: 240.9-1-4 ZBA Meeting Date: February 15, 2023; March 22, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Sharon Serini. Applicant proposes a 2-story home with a footprint of 972 sq. ft., porch area of 240 sq. ft., and a floor area of 2,113 sq. ft. The project includes a septic system and stormwater management. The plan includes a vegetative plan for removal and plantings to remain. Site plan for new floor area in the CEA. Relief is requested for setbacks, floor area, and height. Relief Required: The applicant requests relief for setbacks, floor area, and height for the construction of a new home. The project is on a 0.19 ac parcel in the Waterfront Residential zone, Lake George; the current site is vacant. Section 179-3-040 dimensional The new home is to be 10.0 ft. from the south property line where 12 ft. setback is required. The height of the new home is to be 31.35 ft. where the maximum height allowed is 28 ft. Floor area relief is also requested where 2,113 sq. ft. (25.6%) is proposed and the maximum allowed is 1,815 sq. ft. (22%). SEQR Type II — no further review required; A public hearing was advertised and held on February 15, 2023 & March 22, 2023. 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. 8-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 22°d Day of March 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 9-2023 Project Applicant: Phillip Mitchell Project Location: 2960 State Route 9L Parcel History: SEQR Type: Meeting Date: SP 17-2023 Type II March 22, 2023 Description of Proposed Project] - Applicant proposes to place a 160 sq. ft. shed on the property. The existing home of 983 sq. ft. and a 288 sq. ft. garage are to remain. The existing floor area is 1,800 sq. ft. and new floor area is to be 1,960 sq. ft. The shed is to be located near the driveway area with stormwater management. Site plan review for new construction in a CEA. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of shed. The property is located in the VTR zone that is 0.42 ac. Section 179-3-040 WR dimensional 179-5-020 shed The shed is to be located 7.2 ft. where a 20 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 considered limited due to the location of the existing home and driveway area on the site. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested is 12.8 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 applicant proposes to install a new 160 sq ft shed on the property. There are no other changes to the site. The house and garage are to remain. The plans show the location of the shed and existing building on the site. The applicant has included details to manage stormwater for the new shed. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Torn of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Phillip Mitchell File Number: AV 9-2023 Location: 2960 State Route 9L Tax Map Number: 239.20-1-10 ZBA Meeting Date: March 22, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Phillip Mitchell. Applicant proposes to place a 160 sq. ft. shed on the property. The existing home of 983 sq. ft. and a 288 sq. ft. garage are to remain. The existing floor area is 1,800 sq. ft. and new floor area is to be 1,960 sq. ft. The shed is to be located near the driveway area with stormwater management. Site plan review for new construction in a CEA. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of shed. The property is located in the WR zone that is 0.42 ac. Section 179-3-040 WR dimensional 179-5-020 shed The shed is to be located 7.2 ft. where a 20 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on March 22, 2023. 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. 9-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 22nd Day of March 2023 by the following vote: AYES NOES: