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Staff NotesStaff Notes ZBA April 19, 2023 Administrative Items: Approval Of Meeting Minutes for March 22, 2023 and March 29, 2023 New Business: NOA 1-2023 Edward Ostberg Tabled Items: AV 49-2022 Faden Enterprises AV 4-2023 Geraldine Eberlein New Business: AV 11-2023 John & Mary Jo Sabia AV 13 -2023 Joan & G. Thomas Moynihan Jr. AV 14-2023 Artie's Camping & More AV 15-2023 Alisha & Michael Griffey AV 16-2023 David Turner Queensbury Zoning Board of Appeals Agenda Meeting: April 19, 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 March 22, 2023 and March 29, 2023 NEW BUSINESS: Applicant(s) Edward Ostberg Notice of Appeal Number NOA 1-2023 Owner(s) Edward Ostberg SEQRA Type Type II Age ts Erik Sandblom, PE (SRA Engineers) Lot Size 3 acres Location & Ward 639 County Line Rd. Ward 1 Zoning CLI Tax Id No 290.-1-8 Section 179-3-040C; 179-7-080A; 179-2-010 Cross Ref SP 28-98 Warren County Planning n/a Public Hearing Aril 19, 2023 Adirondack Park Agency n/a Proiect Description: Appellant is appealing the oning Administrator's determination regarding a microbrewery in the CLI zone. TABLED ITEMS: Applicant(s) Faden Enterprises Area Variance No AV 49-2022 Owner(s) Saratoga Prime Properties SEQRA Type Type II Age ts Lansing En ineerin Lot Size 1.99 acres Location & Ward 1471 State Route 9 Ward 1 Zoning CI Tax Id No 288.-1-58 Section 179-3-040 Cross Ref SP 68-2022; SUP 6-2022; FWW 13-2022; SP Warren County Planning October 2022 45-2015; SP 59-2014; SV 48-2014; SP 52- 2011; SP 8-2006; SP 34-2004; SP 43-2002 Public Hearing October 19, 2022; December 14, 2022; Adirondack Park Agency n/a January 18, 2023; March 22, 2023; April 192023 Proiect Description:. Applicant proposes to remove an existing building on the site to construct three new buildings and associated site work. Project includes one building of 8,950 sq. ft. that is broken into three tenant spaces of 2,000 sq. ft. drive-thru, 2,500 sq. ft. restaurant, and 8,355 sq. ft. retail space. The second and third buildings are to be a total of 24 unit self -storage facility of 3,480 sq. ft. where each building to be 1,740 sq. ft. footprint with 12 units .each. 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. Applicant(s) Geraldine Eberlein Area Variance Number AV 4-2023 Owner(s) Geraldine Eberlein SEQRA Type Type II Age ts Studio A Landscape, Arch, En ; Jon Lapper, Esq. Lot Size 0.31 acres Location & Ward 12 Seelye Road North Ward 1 Zoning WR Tax Id No 227.17-1-25; 227.17-1-24 (septic) Section 179-3-040; 147 Cross Ref SP 5-2023; AV 70-2007 Warren County Planning February 2023 Public Hearing Februaiy 15, 2023; March 22, 2023; April 19, 2023 Adirondack Park Agency ALD Proiect Description: (Revised) Applicant proposes demolition of an existing home and guest cottage to construct anew 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 to east property line. 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. Queensbury Zoning Board of Appeals Agenda Meeting: April 19, 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 NEW BUSINESS: Applicant(s) John & Mary Jo Sabia Area Variance Number AV 11-2023 Owner(s) John & Mary Jo Sabia SEQRA Type Type II Agent(s) Ethan Hall Rucinski Hall Architects Lot Size 0.19 acres Location & Ward 43 Canterbury Drive Ward 1 Zoning WR Tax Id No 289.17-1-26 Section 179-3-040 Cross Ref SP 19-2023 Warren County Planning Aril 2023 Public Hearing Aril 19, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes demolition of an existing home to construct a 1,776 sq. ft. footprint home. The new floor area of the home is to be 2,672 sq. ft. The project includes associated site work for the installation of a new septic system, use the existing well, stormwater management and new shoreline plantings. Site plan for new floor area in a CEA, hard surfacing within 50 ft. of the shoreline, and new building within 50 ft. of 15% slopes. Relief is requested for floor area, setbacks, height, and permeability. Applicant(s) G. Thomas Moynihan Jr. & Joan Moynihan Area Variance Number AV 13-2023 Owner(s) G. Thomas Moynihan Jr. & Joan Moynihan SEQRA Type Type II Age ts Hutchins Engineering & Jon Lapper, Esq. Lot Size 0.39 acres Location & Ward 81 Assembly Point Rd. Ward 1 Zoning WR Tax Id No 239.12-2-27 Section 179-3-040 Cross Ref SP 23-2023 Warren County Planning Aril 2023 Public Hearing Aril 19, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes to demolish the existing home and to construct a new 3-bedroom home of 2,760 sq. ft. footprint and a floor area of 3,900 sq. ft. The sitework includes permeable paver areas, stormwater management, and shoreline plantings. Site plan for new floor area. Relief is requested for setbacks. Applicant(s) Artie's Camping and More/James Benedetti Area Variance Number AV 14-2023 Owner(s) Adirondack Factory Outlet Center SEQRA Type Type II Age ts n/a Lot Size 7.02 acres Location & Ward 1444 State Route 9 Ward 1 Zoning CI Tax Id No 288.12-1-22 Section 179-4-090 Cross Ref SP 2872023; SP 12-2022 Warren County Planning Aril 2023 Public Hearing Aril 19, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to have a 4,000 sq. ft. tent placed in a portion of the parking lot to operate a tent sale from the last week in June to second week in September 2023, 2024, & 2025. The sales are for Artie's Camping & More. The tent will be enclosed with openings for access and 18 ft. in height. There is to be a sign on the tent for the business operation. Site plan for outside sales tent in the Commercial Intensive zone. Relief is requested for parking. Applicant(s) Alisha & Michael Grifky Area Variance Number AV 15-2023 Owner(s) Alisha & Michael Griffey SEQRA Type Type II Age ts Brandon Ferguson EDP Lot Size 2.79 ac Location & Ward 26 Tall Timbers Road Ward 1 Zoning WR Tax Id No 239.16-1-23 & 24 Section 179-3-040; 147; 179-5-020; 179- 13-010;179-4-010 Cross Ref SP 30-2023; SP 66-2022 Warren County Planning A ril 2023 Public Hearing Aril 19, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes a 2-story addition to the main home and to convert an existing garage to a bunk room with a loft. The existing main home footprint is 1,540 sq. ft. and has a floor area of 3,560 sq. ft. The converted garage is to be 890 sq. ft. footprint and 1,034 sq. ft. floor area. The site has an existing guest cottage of 485 sq. ft. footprint that is to remain. The total new floor area is to be 7,910 sq. ft-Project includes new extension of the driveway area with clearing, permeable pavers on the shoreline side of the new addition, an upgraded septic system, planting plan and retaining wall in areas of the new additions. Site plan for new floor area, conversion of seasonal to year round and hard surfacing within 50 ft. of the shoreline. Relief is requested for stormwater device setbacks, building height and accessory structure height, expansion of nonconforming structure, size of accessory structure, and expansion greater than 1/3 floor area of main structure. Queensbury Zoning Board of Appeals Agenda Meeting: April 19, 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 Applicant(s) David Turner Area Variance Number AV 16-2023 Owners David Turner & Martha Banta SEQRA Type Type II Agent(s) Studio A(Jeffrey Anthony)Lot Size 0.23 acres Location & Ward 9 Snug Harbor Lane Ward 1 Zoning WR Tax Id No 290.5-1-26 Section 179-3-040; 179-4-080 Cross Ref SP 31-2023; SP 26-91 Warren County Planning Aril 2023 Public Hearing Aril 19, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes a renovation of a shoreline area including land retaining walls, planting beds, vegetable garden area and patio areas. The rear deck is to be enlarged to 488 sq. ft. There is to be 210 sq. ft. permeable patio area to be installed between the retaining walls. The existing 2,734 sq. ft. (footprint) home is to remain with no changes. Site plan for hard surfacing within 50 ft. of shoreline. 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\April 19, 2023\ZBA Final Agenda April 19, 2023.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Notice of Appeal: 1-2023 Appellant: Edward Ostberg Project Location: 639 County Line Road Meeting Date: April 19, 2023 Information Requested: Appellant is appealing the Zoning Administrator's determination regarding a microbrewery in the CLI zone. Staff Comments: First, Standing: Was the appeal taken within the appropriate 60-day time frame and is the appealing party aggrieved? The appeal was filed within the required timeframe. • The referenced Zoning Administrator determination was issued on February 24, 2023. • The Notice of Appeal application was filed with the Town on March 15, 2023 The Appellant is the property owner of record. Second, Merits of the argument if the appellant is found to have standing: The issue at hand is whether a Microbrewery is an allowed use within the Commercial Light Industrial; (CLI) . district. The appellant's main argument appears to be that since components of a Microbrewery use are allowable uses within the CLI district that the combined use must be allowable. Additionally, the appellant appears to assert that the Town Board did not intend to prohibit a Microbrewery in the CLI district when the use was added to the Zoning Code in 2013 and further, that the Town Board would not have required an amendment to the Code if the use had been proposed in the CLI district in 2013. There is no evidence to support either of these assertions. The Zoning Administrator position is outlined in the referenced email(s) and further supported by Section 179- 4-010, C (4) which states; LZ Nonpermissible uses (NP). Any use which is not a permissible use by right, site plan review, or special use permit in a given zoning district or which is not an accessory use to such a permissible use, site plan review use, or special permit use shall be a nonpermissible use and shall be deemed prohibited in that zoning district. Such NP uses shall be depicted as blank or empty spaces on Tables 2, 3 and 4 of this chapter Additionally, the "individual components" argument is not sound in that the Town Zoning Code specifically defines a Microbrewery and the code further specifies in which zoning districts such a use is allowable. The specific use of Microbrewery is not an allowable use within the CLI district. Further, the assertions that "...no such Town Code amendment would have been needed in 2013 if the Davidson Brothers project had been proposed for the CLI district..." and that the Town Board did not intend to prohibit a Microbrewery in an Industrial district are unfounded. The first assertion is speculation and the second statement is inaccurate as the Town Board, after much deliberation, made a conscious decision at a public hearing specifically identifying the districts where a Microbrewery would be allowed thereby, by default, prohibiting the use in all other districts. The appellant has the option to seek a Zoning Code amendment, with the Town Board, to allow a Microbrewery in the CLI district. 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 -1bim of Cjacensbur}, Notice of Appeal Resolution To: Approve / Disapprove Appellant Name: Edward Ostberg Notice of Appeal No. 1-2023 Tax Map No. 290.-1-8 Property Location: 639 County Line Rd. RESOLUTION TO: Approve , Disapprove Appeal No. 1-2023, Appellant Name Edward Ostberg, regarding property owned by Edward Ostberg at 639 County Line Road, Tax Map No. 290.-1-8; The Zoning Board of Appeals of the Town of Queensbury has received an application from Edward Ostberg from Section(s): 179-4-OIOC of the Zoning Code of The Town of Queensbury in order to appeal the Zoning Administrator's determination decision regarding a microbrewery in the Commercial Light Industrial zone. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, April 19, 2023; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the applicable criteria of the Queensbury Town Code and Chapter 267 of the NYS Town Law and after discussion and deliberation, we find as follows: The Appeal was filed, was not filed within the required 60-day timeframe. 2. The Appealing Party is, is not aggrieved and were found to have, not have standing. 3. The merits of the argument as provided by the appellant with responses from the Zoning Administrator have been considered. It is our finding that the positions offered by the appellant are, are not sufficient to warrant overturning the Zoning Administrator's decision at hand. Based on the above findings I make a MOTION TO APPROVE / DENY Appeal No. 1-2023, EDWARD OSTBERG , Introduced by , who moved for its adoption, seconded by Duly adopted this 191h Day of April 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 49-2022 Project Applicant: Faden Enterprises Project Location: 1471 State Route 9 Parcel History: SP 68-2022; SUP 6-2022; FWW 13-2022; SP 45-2015; SP 59-2014; SV 48-2014; SP 52-2011; SP 8-2006; SP 34-2004; SP 43-2002 SEQR Type: Type II Meeting Date: April 19, 2023 Description of Proposed Project: Applicant proposes to remove an existing building on the site to construct three new buildings and associated site work. Project includes one building of 8,950 sq. ft. that is broken into three tenant spaces of 2,000 sq. ft. drive-thru, 2,500 sq. ft. restaurant, and 8,355 sq. ft. retail space. The second and third buildings are to be a total of 24 unit self -storage facility of 3,480 sq. ft. where each building to be 1,740 sq. ft. footprint with 12 units each. 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. Relief Required: The applicant requests relief for setbacks to the wetlands and stream for the construction of three buildings in the CI zone on a 1.92 ac parcel Section 179-3-040 dimension and Chapter 94 wetlands The plan indicated Building 1 (retail/food) is located 60 ft. from the stream and 74 ft. from the wetland; Building 2 is 41 ft. and 43 ft. from the wetland/stream area; Building 3 is 36 ft. and 44 ft. from the wetland area where a 75 ft. setback from building to wetland 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 they are primarily commercial. 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 and constraints of wetlands and stream on the site. There may be feasibility to reduce the building size although a variance may still be required. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief requested --Building 1 is 15 ft to the wetland, 1 ft to the stream; Building 2 is 34 ft and 32 ft; and Building 3 is 36 ft and 31 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 impact on the environmental conditions of the site or area due to the wetlands and stream. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The Applicant proposes removal of an existing building on the site to construct 3 new buildings and associated site work. The plans show the location of the storage buildings and a preliminary sketch for the commercial building with the retail and food service. 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 fF Town of Queenshmy Area Variance Resolution To: Approve / Disapprove 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; April 19, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Faden Enterprises. Applicant proposes to remove an existing building on the site to construct three new buildings and associated site work. Project includes one building of 8,950 sq. ft. that is broken into three tenant spaces of 2,000 sq. ft. drive-thru, 2,500 sq. ft. restaurant, and 8,355 sq. ft. retail space. The second and third buildings are to be a total of 24 unit self -storage facility of 3,480 sq. ft. where each building to be 1,740 sq. ft. footprint with 12 units each. 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. Relief Required: The applicant requests relief for setbacks to the wetlands and stream for the construction of three buildings in the CI zone on a 1.92 ac parcel Section 179-3-040 dimension and Chapter 94 wetlands The plan indicated Building 1 (retail/food) is located 60 ft. from the stream and 74 ft. from the wetland; Building 2 is 41 ft. and 43 ft. from the wetland/stream area; Building 3 is 36 ft. and 44 ft. from the wetland area where a 75 ft. setback from building to wetland is required. SEQR Type II — no further review required; A public hearing was advertised and held on October 19, 2022 and April 19, 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.49-2022 , Introduced by , who moved for its adoption, seconded by Duly adopted this 191h Day of April 2023 by the following vote: AYES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 4-2023 Project Applicant: Geraldine Eberlein Project Location: Parcel History: SEQR Type: Meeting Date: 12 Seelye Road North SP 5-2023; AV 70-2007 Type II April 19, 2023 Description of Proposed Project: (Revised) 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 properly to east property line. 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. Relief Required: The applicant requests relief for setbacks, floor area, and permeability for the construction of a new home and associated site work. The project is on a 0.3 ac parcel located in the Waterfront residential zone, Lake George. Section 179-3-040 dimensional The applicant proposes a new home where the front yard setback is proposed to be 13.5 ft. where a 30 ft. setback is required. The shoreline setback is proposed to be 54 ft. where a 68.77 ft. setback (average of the adjoining buildings) is required. The permeability is proposed to be 70.4% where 75% is required. The floor area proposed is 3343 sq. ft. (25.5%) where 2885.47 sq. ft. (22%) is maximum allowed. The code has recently changed to reduce the setback for infiltration devices to 35 ft. where there is no longer a variance. 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 minor impacts on the neighboring properties as the construction of the home has more than one variance request. 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 possible to meet the requirements of the waterfront residential zone. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. The front setback relief is 16.5 ft, shoreline is 14.77 ft. The floor area is 3.5% in excess and permeability is 4.6% less permeable for the site. 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. The project includes a new septic system and stormwater management for the site. S. 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 in the waterfront residential zone that includes site work and new septic system. The applicant has indicated the new home is in a similar location as the existing home. The plans show the new home location including elevations and floor plans. The board may have additional discussion about the relief requested. 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 76um of Queensbui}, Area Variance Resolution To: Approve / Disapprove Applicant Name: Geraldine Eberlein File Number: AV 4-2023 Location: 12 Seelye Road North Tax Map Number: 227.17-1-25; 227.17-1-24 (septic) ZBA Meeting Date: February 15, 2023; April 19, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Geraldine Eberlein. (Revised) 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 to east property line. 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. Relief Required: The applicant requests relief for setbacks, floor area, and permeability for the construction of a new home and associated site work. The project is on a 0.3 ac parcel located in the Waterfront residential zone, Lake George. Section 179-3-040 dimensional The applicant proposes a new home where the front yard setback is proposed to be 13.5 ft. where a 30 ft. setback is required. The shoreline setback is proposed to be 54 ft. where a 68.77 ft. setback (average of the adjoining buildings) is required. The permeability is proposed to be 70.4% where 75% is required. The floor area proposed is 3343 sq. ft. (25.5%) where 2885.47 sq. ft. (22%) is maximum allowed. The code has recently changed to reduce the setback for infiltration devices to 35 ft. where there is no longer a variance. SEQR Type II — no further review required; A public hearing was advertised and held on February 15, 2023 and April 19, 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.4-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 19t' Day of April 2023 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 11-2023 Project Applicant: John & Mary Jo Sabia Project Location: 43 Canterbury Drive Parcel History: SP 19-2023 SEQR Type: Type II Meeting Date: April 19, 2023 Description of Proposed Project: Applicant proposes demolition of an existing home to construct a 1,776 sq. ft. footprint home. The new floor area of the home is to be 2,672 sq. ft. The project includes associated site work for the installation of a new septic system, use the existing well, stormwater management and new shoreline plantings. Site plan for new floor area in a CEA, hard surfacing within 50 ft. of the shoreline, and new building within 50 ft. of 15% slopes. Relief is requested for floor area, setbacks, height, and permeability. Relief Required: The applicant requests relief for floor area, setbacks, height, and permeability for construction of a new home. The project is located at 43 Canterbury Drive on a 0.21 ac parcel in the Waterfront residential zone. Section 179-3-040 dimensional The new home is to be located 18 ft. 2 inches from the shoreline setback where a 50 ft. setback is required. The new home is to be located 28 ft. from the front setback where a 30 ft. setback is required (the data sheet should be corrected). The proposed height is 31 ft. 9 inches where 28 ft. is the maximum height allowed. The side yard to the north setback proposed is 15 ft. 10 inches where a 20 ft. setback is required. The site permeability is proposed to be 71.03% where 75% is required. The floor area is proposed to be 2,672 sq. ft. (29.3%) where the maximum allowed is 2,009 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. Minor 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 to reduce the requested variances. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to substantial relevant to the code. Relief requested for the new home is 31 ft 10 inches from the shoreline, 2 ft from the front, the side setback is 4 ft 11 inches, the relief for height 3 ft 9 inches in excess; permeability relief is 3.9%; floor area 663 sq ft (7.3%) in excess. 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 impact on the physical or environmental conditions. The applicant proposes a new septic system with the project as proposed. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes demolition of an existing home to construct a 1,776 sq ft footprint home. The new floor area of the home would be 2,672 sq ft. The plans show the site work to include the entire 0.21 ac parcel. The plans show the new home location including elevations and floor plans. The board may have additional discussion about the relief requested. Zoning Board of Appeals Community Development Department Staff Notes Vx Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 "Town of {tucensbuiy Area Variance Resolution To: Approve / Disapprove Applicant Name: John & Mary Jo Sabia File Number: AV 11-2023 Location: Tax Map Number: ZBA Meeting Date: 43 Canterbury Dr. 289.17-1-26 April 19, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from John & Mary Jo Sabia. Applicant proposes demolition of an existing home to construct a 1,776 sq. ft. footprint home. The new floor area of the home is to be 2,672 sq. ft. The project includes associated site work for the installation of a new septic system, use the existing well, stormwater management and new shoreline plantings. Site plan for new floor area in a CEA, hard surfacing within 50 ft. of the shoreline, and new building within 50 ft. of 15% slopes. Relief is requested for floor area, setbacks, height, and permeability. Relief Required: The applicant requests relief for floor area, setbacks, height, and permeability for construction of a new home. The project is located at 43 Canterbury Drive on a 0.21 ac parcel in the Waterfront residential zone. Section 179-3-040 dimensional The new home is to be located 18 ft. 2 inches from the shoreline setback where a 50 ft. setback is required. The new home is to be located 28 ft. from the front setback where a 30 ft. setback is required (the data sheet should be corrected). The proposed height is 31 ft. 9 inches where 28 ft. is the maximum height allowed. The side yard to the north setback proposed is 15 ft. 10 inches where a 20 ft. setback is required. The site permeability is proposed to be 71.03% where 75% is required. The floor area is proposed to be 2,672 sq. ft. (29.3%) where the maximum allowed is 2,009 sq. ft. (22%). SEQR Type II — no further review required; A public hearing was advertised and held on April 19, 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. 11-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 19" Day of April 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 13-2023 Project Applicant: G. Thomas Moynihan Jr & Joan Moynihan Project Location: 81 Assembly Point Road Parcel History: SP 23-2023 SEQR Type: Type II Meeting Date: April 19, 2023 Description of Proposed Project: Applicant proposes to demolish the existing home and to construct a new 3-bedroom home of 2,760 sq. ft. footprint and a floor area of 3,900 sq. ft. The sitework includes permeable paver areas, stormwater management, and shoreline plantings. Site plan for new floor area. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of a new home. The project site is located at 81 Assembly Point Drive on a 0.41 ac parcel in a Waterfront Residential zone. Section 179-3-040 dimensional The new home is to be located 75.2 ft from the shoreline where a 104.5 ft setback (average of the two adjoining owners) 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 adjoining location of the existing homes and the lot shape. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief requested is 29.3 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 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 demolish the existing home and construct a new 3 bedroom home with a 2,760 sq ft footprint and a floor area of 3,900 sq ft. The home is to be 27.6 ft in height. The project plans indicate rain gardens and swale areas for stormwater management. The site work will include a new on -site wastewater treatment system, permeable paver driveway, stormwater management and shoreline buffering. The plans show the new home location including elevations and floor plans and a rendition of the new home. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'r0471 Of CZicensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: G. Thomas Moynihan Jr & Joan Moynihan File Number: AV 13-2023 Location: 81 Assembly Point Rd. Tax Map Number: 239.12-2-27 ZBA Meeting Date: April 19, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from G. Thomas Moynihan Jr. & Joan Moynihan. Applicant proposes to demolish the existing home and to construct a new 3- bedroom home of 2,760 sq. ft. footprint and a floor area of 3,900 sq. ft. The sitework includes permeable paver areas, stormwater management, and shoreline plantings. Site plan for new floor area. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of a new home. The project site is located at 81 Assembly Point Drive on a 0.41 ac parcel in a Waterfront Residential zone. Section 179-3-040 dimensional The new home is to be located 75.2 ft. from the shoreline where a 104.5 ft. setback (average of the two adjoining owners) is required. SEQR Type II — no further review required; A public hearing was advertised and held on April 19, 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. 13-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 19" Day of April 2023 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 14-2023 Project Applicant: Artie's Camping & More/James Benedetti Project Location: 1444 State Route 9 Parcel History: SP 28-2022; SP 12-2022 SEQR Type: Type II Meeting Date: April 19, 2023 Description of Proposed Project: Applicant proposes to have a 4,000 sq. ft. tent placed in a portion of the parking lot to operate a tent sale from the last week in June to second week in September 2023, 2024, & 2025. The sales are for Artie's Camping & More. The tent will be enclosed with openings for access and 18 ft. in height. There is to be a sign on the tent for the business operation. Site plan for outside sales tent in the Commercial Intensive zone. Relief is requested for parking. Relief Required: The applicant requests relief for parking for the use of a seasonal outdoor tent sales for an existing business. The project site is 7.01 ac located in a Commercial Intensive zone. Section 179-3-040 dimensional, Section 179-4-090-Parking Relief is requested for 42 spaces where the existing building requires 380 spaces and the addition of the tent requires 20 additional spaces. The site would require 400 spaces but when the tent is up there will only be 358 spaces available. 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 existing conditions on the site with the existing commercial retail building on the site. 3. Whether the requested area variance is substantial. The relief requested may be considered minor relevant to the code. Relief requested for the number of parking spaces is 42 spaces. 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 impact. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to have a 4,000 sq ft tent placed in a portion of the parking lot to operate a tent sale for three years. The sales are from the existing Arties Camping and Supply. The existing building of 103,351 sq ft is to remain where Arties is an existing tenant. The plans show the tent. location. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'Town of Qreensbuty Area Variance Resolution To: Approve / Disapprove Applicant Name: Artie's Camping & More/James Benedetti File Number: AV 14-2023 Location: .1444 State Route 9 Tax Map Number: 288.12-1-22 ZBA Meeting Date: April 19, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Artie's Camping & More/James Benedetti. Applicant proposes to have a 4,000 sq. ft. tent placed in a portion of the parking lot to operate a tent sale from the last week in June to second week in September 2023, 2024, & 2025. The sales are for Artie's Camping & More. The tent will be enclosed with openings for access and 18 ft. in height. There is to be a sign on the tent for the business operation. Site plan for outside sales tent in the Commercial Intensive zone. Relief is requested for parking. Relief Required: The applicant requests relief for parking for the use of a seasonal outdoor tent sales for an existing business. The project site is 7.01 ac located in a Commercial Intensive zone. Section 179-3-040 dimensional, Section 179-4-090-Parking Relief is requested for 42 spaces where the existing building requires 380 spaces and the addition of the tent requires 20 additional spaces. The site would require 400 spaces but when the tent is up there will only be 358 spaces available. SEQR Type II — no further review required; A public hearing was advertised and held on April 19, 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. 14-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 19' Day of April 2023 by the following vote: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 15-2023 Project Applicant: Alisha & Michael Griffey Project Location: 26 Tall Timbers Road Parcel History: SP 30-2023; SP 66-2022 SEAR Type: Type II Meeting Date: April 19, 2023 Description of Proposed Project: Applicant proposes a 2-story addition to the main home and to convert an existing garage to a bunk room with a loft. The existing main home footprint is 1,540 sq. ft. and has a floor area of 3,560 sq. ft. The converted garage is.to be 890 sq. ft. footprint and 1,034 sq. ft. floor area. The site has an existing guest cottage of 485 sq. ft. footprint that is to remain. The total new floor area is to be 7,910 sq. ft. Project includes new extension of the driveway area with clearing, permeable pavers on the shoreline side of the new addition, an upgraded septic system, planting plan and retaining wall in areas of the new additions. Site plan for new floor area, conversion of seasonal to year round and hard surfacing within 50 ft. of the shoreline. Relief is requested for stormwater device setbacks, building height and accessory structure height, expansion of nonconforming structure, size of accessory structure, and expansion greater than 1/3 floor area of main structure. Relief Required: The applicant requests relief for building height and accessory structure height, expansion of nonconforming structure, size of accessory structure, and expansion greater than 1/3 floor area of main structure; an addition to the existing home and upgrading a garage to a bunk house with an addition. The project is located at 26 Tall Timbers Drive on a 2.79 ac parcel in the Waterfront Residential zone. Section 179-3-040 dimensional 179-4-010 1/3 expansion, 179-5-020 accessory structure, The main house addition is to be greater than 1/3 of the existing home relief is 1,548 sq. ft., the main house is to be 31.52 ft. in height where 28 ft. is the maximum height for the main home. The bunk house is to be 18.79 ft. where 16 ft. is the maximum height for an accessory. The bunk house is to be 875 sq. ft. which exceeds the maximum allowed accessory structure limited to 500 sq. ft. Note the Town Code recently been updated as stormwater device can be no closer than 35 ft. versus 100 ft. there is no variance required for the proposed stormwater devices. 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 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 to reduce the variances requested. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested for 1/3 expansion is 1,548 sq ft, main building height is 3.52 ft, bunkhouse size 875 sq ft, bunk house height is 2.79 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 may be considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a project for an addition to an existing home, the detached garage to be converted to a bunk house with an addition, and the cabin to remain with no changes. The addition to the existing home is 1857 sq ft footprint and the bunk house addition would be 890 sq ft. The new floor area would be 7,910 sq ft. The plans show the floor plans and elevations show the arraignment for the main house and the bunkhouse. 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 lbivn of Qucensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Alisha & Michael Griffey File Number: AV 15-2023 Location: 26 Tall Timbers Rd. Tax Map Number: 239.16-1-23 & 239.16-1-24 ZBA Meeting Date: April 19, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Alisha & Michael Griffey. Applicant proposes a 2-story addition to the main home and to convert an existing garage to a bunk room with a loft. The existing main home footprint is 1,540 sq. ft. and has a floor area of 3,560 sq. ft. The converted garage is to be 890 sq. ft. footprint and 1,034 sq. ft. floor area. The site has an existing guest cottage of 485 sq. ft. footprint that is to remain. The total new floor area is to be 7,910 sq. ft. Project includes new extension of the driveway area with clearing, permeable pavers on the shoreline side of the new addition, an upgraded septic system, planting plan and retaining wall in areas of the new additions. Site plan for new floor area, conversion of seasonal to year round and hard surfacing within 50 ft. of the shoreline. Relief is requested for stormwater device setbacks, building height and accessory structure height, expansion of nonconforming structure, size of accessory structure, and expansion greater than 1/3 floor area of main structure. Relief Required: The applicant requests relief for building height and accessory structure height, expansion of nonconforming structure, size of accessory structure, and expansion greater than 1/3 floor area of main structure; an addition to the existing home and upgrading a garage to a bunk house with an addition. The project is located at 26 Tall Timbers Drive on a 2.79 ac parcel in the Waterfront Residential zone. Section 179-3-040 dimensional, 179-4-010 1/3 expansion, 179-5-020 accessory structure, The main house addition is to be greater than 1/3 of the existing home relief is 1,548 sq. ft., the main house is to be 31.52 ft. in height where 28 ft. is the maximum height for the main home. The bunk house is to be 18.79 ft. where 16 ft. is the maximum height for an accessory. The bunk house is to be 875 sq. ft. which exceeds the maximum allowed accessory structure limited to 500 sq. ft. Note the Town Code recently been updated as stormwater device can be no closer than 35 ft. versus 100 ft there is no variance required for the proposed stormwater devices. SEQR Type II — no further review required; A public hearing was advertised and held on April 19, 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. 15-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 191h Day of April 2023 by the following.vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 16-2023 Project Applicant: David Turner Project Location: Parcel History: SEAR Type: Meeting Date: 9 Snug Harbor Lane SP 31-2023; SP 26-91 Type II April 19, 2023 Description of Proposed Project: Applicant proposes a renovation of a shoreline area including land retaining walls, planting beds, vegetable garden area and patio areas. The rear deck is to be enlarged to 488 sq. ft. There is to be 210 sq. ft. permeable patio area to be installed between the retaining walls. The existing 2,734 sq. ft. (footprint) home is to remain with no changes. Site plan for hard surfacing within 50 ft. of shoreline. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for a deck expansion. The project is located at 9 Snug Harbor Lane on a 0.22 ac parcel in the Waterfront residential zone. 179-3-040 dimensional, 179- decks The new deck is to be located 29.97 ft. to the shoreline where a 50 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 on the lot. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. The relief is for 20.03 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 construction of a 488 sq ft open deck area. The plans show the location of the deck and the existing home. The project includes site work with the existing retaining walls and areas to assist improvement to the stormwater management. Zoning Board of Appeals — Record of Resolution f Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 rown of Quccn.q uiy Area Variance Resolution To: Approve / Disapprove Applicant Name: David Turner File Number: AV 16-2023 Location: 9 Snug Harbor Lane Tax Map Number: 290.5-1-26 ZBA Meeting Date: April 19, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from David Turner. Applicant proposes a renovation of a shoreline area including land retaining walls, planting beds, vegetable garden area and patio areas. The rear deck is to be enlarged to 488 sq. ft. There is to be 210 sq. ft. permeable patio area to be installed between the retaining walls. The existing 2,734 sq. ft. (footprint) home is to remain with no changes. Site plan for hard surfacing within 50 ft. of shoreline. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for a deck expansion. The project is located at 9 Snug Harbor Lane on a 0.22 ac parcel in the Waterfront residential zone. 179-3-040 dimensional, 179- decks The new deck is to be located 29.97 ft. to the shoreline where a 50 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on April 19, 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. 16-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 191'' Day of April 2023 by the following vote: FEW NOES: