03-20-2024 (Queensbury ZBA Meeting 03/20/2024)
QUEENSBURYZONINGBOARD OFAPPEALS
FIRSTREGULAR MEETING
MARCH2OTH 2O24
INDEX
Area Variance No. 3-2024 David Howard,Jr. 1.
REQUEST TO TABLE Tax Map No. 30S.7-1-4S.1
Area Variance No.4-2023 Geraldine Eberlein 2.
REQUEST TO TABLE Tax Map No.227.17-1-25; 227.17-1-24 (septic)
Area Variance No. 9-2024 Jesse&Kristin Howarth 2.
Tax Map No. 302.14-2-76
Area Variance No.10-2024 Jessalie&Mark Reichen 6.
Tax Map No. 30S.9-1-11
Area Variance No.11-2024 Schermerhorn Residential Holdings,L.P. 9.
Tax Map No.296.7-1-2&3
Area Variance No.17-2024 AEC Solar Energy Corp. 12.
Tax Map No. 316.13-1-1
Area Variance No.16-2024 Redbud Development Inc. 15.
FURTHER TABLING Tax Map No.226.19-1-S2
THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF
REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH'S MINUTES(IF ANY)AND
WILL STATE SUCH APPROVAL OF SAID MINUTES
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QUEENSBURY ZONING BOARD OF APPEALS
FIRST REGULAR MEETING
MARCH 20TK,2024
7.00 P.M.
MEMBERS PRESENT
MICHAEL MC CABE,CHAIRMAN
JAMES UNDERWOOD,VICE CHAIRMAN
ROY URRICO,SECRETARY
RICHARD CIPPERLY
ROBERT KEENAN
MARY PALACINO,ALTERNATE
BRENT MC DEVITT,ALTERNATE
MEMBERS ABSENT
JOHN HENKEL
RONALD KUHL
LAND USE PLANNER-LAURA MOORE
STENOGRAPHER-KAREN DWYRE
MR. MC CABE-Good evening. I'd like to open tonight's meeting of the Queensbury Zoning Board of
Appeals,Wednesday, March 20`h,2024. The first day of Spring in 2024. Although a little while ago we
didn't think it was that first day of Spring. If you haven't been here before, our procedure is relatively
simple. There should be an agenda on the back table. We'll call each application up,read the application
into our notes, allow the applicant to present the application. We'll question the applicant. If a public
hearing has been advertised we'll open the public hearing, take input from the public, close the public
hearing, poll the Board, see where we stand and then proceed accordingly, but first we have a couple of
administrative items.
APPROVAL OF MINUTES
February 21",2024
MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING
MINUTES OF FEBRUARY 21ST, 2024, Introduced by Michael McCabe who moved for its adoption,
seconded by Roy Urrico:
Duly adopted this 20`h day of March,2024,by the following vote:
AYES: Mrs.Palacino,Mr.Underwood,Mr.Keenan,Mr.Cipperly,Mr.McDevitt,Mr.Urrico,Mr.McCabe
NOES: NONE
ABSENT: Mr. Henkel,Mr. Kuhl
ADMINISTRATIVE ITEM:
REQUEST TO TABLE AV 3-2024 (DAVID HOWARD,JR.)TO APRIL 17,2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from David Howard,
Jr. Applicant proposes to subdivide a 25.7E acre parcel into two lots. One lot is to be 24.70 ac and the
other lot is to be LOS ac. The project is located in the MDR zone where 2 acres is required for lots without
sewer and water together. Project site is in the Barringer Heights subdivision previously approved for SR-
IA Cluster subdivision of 32 lots not to exceed 40 lots per SUB 4-2003. The project area was previously
approved for a 4-lot subdivision under SUB 19-2015. The proposed subdivision would be 36 lots in total
where Lot 1 E would be 24.70 and tied to deed to another parcel 30S.6-2-IS and Lot 1 D would be LOS ac to
be developed for a single family home. Relief is requested for creating a parcel less than 2 acres.
MOTION TO TABLE AREA VARIANCE NO. 3-2024 DAVID HOWARD,IR Introduced by Michael
McCabe who moved for its adoption,seconded by Brent McDevitt:
Tabled to May 15,2024 with any new information by April 30,2024.
Duly adopted this 20h Day of March 2024 by the following vote:
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MRS. MOORE-So I'm going to modify that reso. So they've asked to be tabled to May 15`h
MR. MC CABE-I meant to say May 15`h,with any new information by April 30,2024.
AYES: Mr.Urrico,Mr.Cipperly,Mrs.Palacino,Mr.Underwood,Mr.Keenan,Mr.McDevitt,Mr.McCabe
NOES: NONE
ABSENT: Mr. Henkel,Mr.Kuhl
REQUEST TO TABLE AV 4-2024 (GERALDINE EBERLEIN)
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 anew 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 within 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
Michael McCabe who moved for its adoption,seconded by Richard Cipperly:
Tabled to April 17,2024,with any new information to be submitted by April 1",2024.
Duly adopted this 20th Day of March 2024 by the following vote:
AYES: Mr.Urrico,Mr.Underwood,Mrs.Palacino,Mr.McDevitt,Mr.Cipperly,Mr.Keenan, Mr.McCabe
NOES: NONE
ABSENT: Mr. Henkel,Mr. Kuhl
MR. MC CABE-Now we did have a public meeting advertised tonight. Is there anybody here for that
particular application? I think the public hearing should still be open on that for quite a while.
PUBLIC HEARING OPEN
MR. MC CABE-So our first application is AV 9-2024,Jesse&Kristin Howarth.
NEW BUSINESS:
AREA VARIANCE NO. 9-2024 SEQRA TYPE TYPE II JESSE &z KRISTIN HOWARTH
AGENT(S) ETHAN HALL (RUCINSKI HALL ARCHITECTS) OWNER(S) JESSE&z KRISTIN
HOWARTH ZONING NR LOCATION 10 BULLARD AVE. APPLICANT PROPOSES A 610 SQ.
FT.RESIDENTIAL ADDITION FOR A LIVING ROOM AND COVERED PORCH. THE EXISTING
HOME HAS A FOOTPRINT OF 1,858 SQ. FT. AND PORCH/DECK AREA OF 190 SQ. FT. THE
PARCEL IS LOCATED ON A CORNER PARCEL OF PARK PLACE AND BULLARD AVENUE.
RELIEF IS REQUESTED FOR SETBACKS. CROSS REF N/A WARREN COUNTY PLANNING
N/A LOT SIZE 0.34 ACRES TAX MAP NO. 302.14-2-76. SECTION 179-3-040
ETHAN HALL, REPRESENTING APPLICANT,PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 9-2024,Jesse & Kristin Howarth, Meeting Date: March 20, 2024
"Project Location: 10 Bullard Ave. Description of Proposed Project: Applicant proposes a 610 sq. ft.
residential addition for a living room and covered porch. The existing home has a footprint of 1,S5S sq. ft.
and porch/deck area of 190 sq.ft.The parcel is located on a corner parcel of Park Place and Bullard Avenue.
Relief is requested for setbacks.
Relief Required:
The applicant requests relief for setbacks for residential addition. The project site is located on a 0.34 ac
parcel noted as a corner lot in the Neighborhood Residential zone.
Section 179-3-040 dimensional
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The addition is to be located 9 ft. 9 inches from the front setback on Bullard Avenue where a 20 ft. setback
is required,then 12 ft.5 inches from the rear yard on the Bullard Ave side where a 15 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 lot being a corner lot and location of the existing home.
3. Whether the requested area variance is substantial. The request for relief may be considered
minimal moderate relevant to the code. The relief for the front is 10 ft.3 inches and for the rear setback
on Bullard is setback is 2 ft.7 inches.
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 construct a residential addition to an existing home for a mudroom and living
room area. The plans show work to be completed with conversion of the existing garage to living space,
alterations to the roofline at the kitchen area for more light, and a full basement under the proposed
addition. The site drawings show the location of the home on the parcel."
MR. HALL-Good evening. For your records,my name is Ethan Hall. I'm a principle with Rucinski Hall
Architecture. With me tonight is Kristin and Jesse Howarth,the owners of the property. Brief rundown
of the property. It is a corner lot on the corner of Park and Bullard. It's an existing, probably a 1950's
vintage home that they've lived in for.
KRISTIN HOWARTH
MRS.HOWARTH-2002.
MR. HALL-Since 2002, so 22 years now. They have a couple of needs that I'll let Jesse and Kristin speak
about,but what we're looking for is to do an expansion of the living space. We've looked at trying to go
out the back. That's where their septic system is. Because of the area that they're in we really can't hook
to a sewer. So we couldn't really go out back,and the layout of the interior of the house made it,this was
the best spot for us to go. Knowing that,we needed to get a couple of area variances to make this happen.
So I'll let Kristin and Jesse explain the needs for each,why they need to get this taken care of.
MRS. HOWARTH-Thank you, and thanks for everyone's consideration in listening to our story. We
bought our house.
MR. MC CABE-There's someone transcribing this,so please state your name for the record.
MRS.HOWARTH-Kristin Howarth. I live at 10 Bullard Avenue with my husband,Jesse. We bought our
home in 2002,when we were pregnant with our twins that are now 20. We bought our home knowing
that it was probably going to be a starter home because it's fairly small. Our twins were diagnosed,at the
age of two,with autism. So that kind of put our life on hold for a while with moving to a bigger home or
expanding or,you know,it was a starter home,but we've made it work for the last two decades. Like I
said,our boys are now 20 and they're going to be living with us forever. We are,you know,their primary
caregivers, and in addition to that we also have several staff that come in as workers,or respite workers to
help care for them. So our house is very small when there's a lot of people in it, especially when it's an
environment that trying to teach them daily living skills. It's like, it's our residence. It's our home,but
it's also a place where our boys are being taught things like that they normally would at school or just out
in the community if they were typically developing. Our reason for the addition is now that they're older
they're young men and we're also,20 years into caregiving,we all kind of need our own space,overdue,and
also just looking forward, you know, to treat them with dignity and respect and give them their space
within our home because we are going to be caring for them for the rest of our lives, for the rest of ours.
They need that level of care. So that's just a little bit behind the story of the reason for it. We've looked
into, we've thought about this for over, the last four years, like trying to see how it could work. We
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thought about going out back,but our septic is literally right at the base of our deck stairs. We thought
about going up, and then I thought that that would be more intrusive to our neighbors because I know I
really appreciate my sun pattern in my backyard and putting a second story it would block people's sun
pattern and just,it doesn't really match with the neighborhood. It's mostly ranch homes. I think there's
only one that has a two story, and we worked with Ethan to try to develop something that is in line with
the style of the homes that are there. So that's basically our story.
MR. MC CABE-So do we have questions of the applicant? Seeing none, a public hearing has been
advertised,and so at this particular time I'm going to open the public hearing and see if there's anybody in
the audience who would like to address us on this particular project. Seeing no one, Roy, do we have any
letters, and written?
PUBLIC HEARING OPENED
MR. URRICO-Yes. "As the owner of 15 Bullard Ave. I wholeheartedly support the request for a variance
by Jesse and Kristin Howarth for their property located at 10 Bullard Ave. The addition will not affect the
quality of life in the neighborhood. It will add to the value of the home and surrounding properties. The
Howarths are excellent neighbors, have improved their property and keep it well maintained. They are
an asset to the community for their work with the disabled. This addition will help them stay in our
community. Thank you for your consideration. Sincerely,Paul Fracchia 15 Bullard Ave. Queensbury,
NY 12SO4" "I reside at 91 Dixon Rd on the corner of Dixon and Bullard. I have known Kristen and Jesse
Howarth for the 5 1/z years that I have lived here. They are exemplary neighbors and I fully support their
application for a variance on their property. Their yard is always maintained meticulously and I'm sure
that this addition will enhance the property. Please grant them this variance. Thank you. Kathleen M.
Snyder" "I have lived in my home on Linden Avenue since February of 1990 and have known the Howarths
since shortly after they moved into their home on Bullard Avenue. My two daughters were in middle
school and high school at the time and they have provided babysitting and mother's helper services for
their twin boys for many years. After talking with Jesse,Kristin(and several Bullard Avenue neighbors)
about their proposed addition, I am in favor of granting the set-back variance so they may proceed with
their project. I have been in the Howarth's home and now that their boys are full grown adults and the
fact that they frequently have their aide's assisting with the boys' care,I can imagine the additional space
will make life much calmer. The addition will blend nicely with the character of the neighborhood as most
of the homes are one story structures. Sincerely, Charlene H. Kane 21 Linden Avenue Queensbury, NY
12SO4" "Hi—I just wanted to lend my support on the proposed addition to the home at 10 Bullard Avenue
in Queensbury, NY. I have been a neighbor for the past couple of decades...and have enjoyed it. The
property is well kept and Kristin and Jesse are good neighbors. An addition to their home to accommodate
their family seems prudent and I feel it will enhance their property as well as fulfilling their needs within
the home. The proposed plan shows the addition will be in keeping with the style of homes in our
neighborhood and it shows they have been conscientious about how it will alter their yard. I give my full
support to the project and wish them well. Kathleen Gaiser 3 Bullard Avenue Queensbury, NY 12SO4"
"Please accept our letter in support of the proposed plan that Kristin and Jesse Howarth have for their
property at 10 Bullard Avenue, Queensbury, NY 12SO4. We live across the street from them and look
directly at their home and have no objections with their plans moving forward. The expansion would be
an excellent addition to our neighborhood, keeping in line with existing designs. Sincerely, Andrea and
Nicholas Chowske 9 Bullard Avenue Queensbury,NY 12SO4" "We are writing in support of Kristin and
Jesse Howarth's plan for an addition requiring a variance at 10 Bullard Ave. Queensbury, NY 12SO4. We
have known the Howarth's for 20 years, and they have provided a wonderful life for their grown children
who are affected with autism. Additionally,they are a wonderful asset to our community for all the work
they do providing supports,services, and advocacy to hundreds of local families living with the challenges
of autism. We have no objections. Sincerely,John James 4 Parkview Avenue Queensbury,NY 12504"
"My son Jimi,and I reside at 11 Bullard Ave.,and we are in full agreement with Jesse and Kristin Howarth's
proposed project asking for a 10-foot variance on the zoning set back on our road for an addition to their
home. The Howarth's family,Jesse,Kristin,Gavin and Noah,are fantastic neighbors. We feel the addition
will only enhance their existing home. Their property is always very well maintained with great care taken
to the lawn with shrubbery,flowering bushes and hanging baskets, etc. They have 1000/o of our support.
It is such a blessing to know they will continue to live and thrive at 10 Bullard Ave. Joyce Carringi" Okay.
That's it.
MR. MC CABE-So at this particular time I'm going to close the public hearing.
PUBLIC HEARING CLOSED
MR. MC CABE-I'm going to poll the Board, and I'm going to start with Mary.
MRS. PALACINO-I have no difficulty with this. Clearly the neighborhood is very much in agreement
with what the couple are looking to do and I'd have no difficulty approving it.
MR. MC CABE-Bob?
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MR. KEENAN-Like you said,you have concern that it does kind of change the look of the neighborhood.
The houses on that street are basically the same,but you seem to have the support of the neighbors and I
think I can support it because of that.
MR. MC CABE-Dick?
MR. CIPPERLY-I think you've done your homework and I commend you on your plan. I think it'll work
out fine. You have my support.
MR. MC CABE Jim?
MR. UNDERWOOD-I think we should accommodate the plan.
MR. MC CABE-Brent?
MR. MC DEVITT-The letters of support are testament to you guys as parents, and thank you for being
good parents. You have my support.
MR. MC CABE-Roy?
MR. URRICO-Yes,I'm in full support of the project.
MR. MC CABE-And I want to avoid a neighborhood uprising, so I'll support the project. Dick, I wonder
if you could give us a motion here.
The Zoning Board of Appeals of the Town of Queensbury has received an application from Jesse&z Kristin
Howarth. Applicant proposes a 610 sq. ft. residential addition for a living room and covered porch. The
existing home has a footprint of 1,S5S sq. ft. and porch/deck area of 190 sq. ft. The parcel is located on a
corner parcel of Park Place and Bullard Avenue. Relief is requested for setbacks.
Relief Required:
The applicant requests relief for setbacks for residential addition. The project site is located on a 0.34 ac
parcel noted as a corner lot in the Neighborhood Residential zone.
Section 179-3-040 dimensional
The addition is to be located 9 ft. 9 inches from the front setback on Bullard Avenue where a 20 ft. setback
is required,then 12 ft.5 inches from the rear yard on the Bullard Ave side where a 15 ft.setback is required.
SEQR Type II—no further review required,
A public hearing was advertised and held on Wednesday,March 20,2024.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-OSO(A)of the Queensbury Town Code and Chapter
267 of NYS Town Law and after discussion and deliberation,we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties. Adj acent property owners have all testified and let us know that they're in full support.
2. Feasible alternatives are really not possible. They have been considered by the Board, are
reasonable and-have been included to minimize the request.
3. The requested variance is not substantial because it's keeping well within the lines of their lot,and
they have the full support of their neighbors.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood
or district.
5. The alleged difficulty,however,is self-created. That's what you decided to do.
6. In addition,the Board finds that the benefit to the applicant from granting the requested variance
would—Outweigh (approval) the resulting detriment to the health, safety and welfare of the
neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary,-
S. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
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BASED ON THE ABOVE FINDINGS,I MAKE A MOTION TO APPROVE AREA VARIANCE NO9-
2024 KRISTIN &z JESSE HOWARTH, Introduced by Richard Cipperly, who moved for its adoption,
seconded by Brent McDevitt:
Duly adopted this 20th Day of March 2024 by the following vote:
AYES: Mr.Keenan,Mrs.Palacino,Mr.Cipperly,Mr.McDevitt,Mr.Urrico,Mr.Underwood,Mr.McCabe
NOES: NONE
ABSENT: Mr. Henkel,Mr. Kuhl
MR. MC CABE-Congratulations,you have a project.
MR.HALL-Thank you.
MRS.HOWARTH-Thank you.
MR. MC CABE-So our next application is AV 10-2024,Jessalie&r Mark Reichen.
AREA VARIANCE NO. 10-2024 SEQRA TYPE TYPE 11 JESSALIE &z MARK REICHEN
OWNER(S) JESSALIE &z MARK REICHEN ZONING MDR LOCATION 373 WEST
MOUNTAIN RD. APPLICANT HAS RECENTLY COMPLETED A SINGLE FAMILY HOME
CONSTRUCTION AND BEGAN INSTALLATION OF A PRIVACY FENCE ALONG THE
PROPERTY LINE. THE APPLICANT WAS INFORMED THAT A PORTION OF THE FENCE
WOULD REQUIRE A VARIANCE. THE PLANS SHOW THE EXISTING FENCE AT 6 FT. IN
HEIGHT ALONG THE NORTH AND SOUTH PROPERTY LINE. THE PARCEL HAS TWO
FRONTS WHERE THE ADDITIONAL FENCING TO COMPLETE THE FENCE WILL BE ALONG
TWIN MOUNTAIN ROAD. RELIEF REQUESTED FOR FENCE TYPE&z HEIGHT. CROSS REF
N/A WARREN COUNTY PLANNING MARCH 2O24 ADIRONDACK PARK AGENCY ALD
LOT SIZE 0.81 ACRES TAX MAP NO. 3089-1-11. SECTION 179-5-070
JESSALIE&r MARK REICHEN,PRESENT
STAFF INPUT
Notes from Staff,Area Variance No. 10-2024,Jessalie & Mark Reichen, Meeting Date: March 20, 2024
"Project Location: 373 West Mountain Rd. Description of Proposed Project: Applicant has recently
completed a single family home construction and began installation of a privacy fence along the property
line. The applicant was informed that a portion of the fence would require a variance. The plans show the
existing fence at 6 ft. in height along the north and south property line. The parcel has two fronts where
the additional fencing to complete the fence will be along Twin Mountain Road. Relief requested for fence
type and height.
Relief Required:
The applicant requests relief for fence type and height (a portion has already been constructed). The
project site is located on a 0.St ac in the Moderate Density zone.
Section 179-5-020 Fence
The existing fence along the north side, S ft. of the fence is in the front yard,then proposed is about III ft.
of 6 ft. privacy fence along Twin Mountain Road, then about S ft. on the south side to meet with the
existing south side fence line also to be 6 ft.privacy fence in the front yard.Fences are limited to non privacy
and 4 ft.in height in front yards.
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 proposed
fence may be considered to have minimal to no impact on the character of the neighborhood area.
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 lot having two fronts where 6 foot privacy fences are not permitted.
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3. Whether the requested area variance is substantial. The relief request may be considered to be
moderate relevant to the code. The relief is requested 16 ft. and a privacy type fence (S ft. on the North
already constructed and S ft. on the South to be constructed,then III ft. along Twin Mountain Road.
A front yard may have a 4 ft.height and is to be an open fence/non privacy type.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The requested variance may have
minimal to no adverse impact of the environmental conditions in the neighborhood.
5. Whether the alleged difficulty was self-created. The requested variance may be considered to be
self-created.
Staff comments:
The applicant proposes to install 127linear ft.of 6 ft.privacy fencing to enclose the yard where it is located
in the front yard for a lot with two fronts. The plans show the location of the fence that is to be installed
and an aerial of the fence already installed."
MRS. REICHEN-Hi. First,thank you for your consideration for our fence.
MR. MC CABE-First you have to identify yourself. There's somebody transcribing this and they can't see
you.
MRS. REICHEN-This is Jessalie Reichen. I'm the homeowner of 373 West Mountain Road. This is my
husband,Mark Reichen,with me. So our house faces West Mountain Road. We do own the land between
West Mountain and Twin Mountain. So that area behind our house that meets Twin Mountain is
considered a front yard, however that would be considered our only backyard area. We do have a, we
started putting up the six foot privacy fence, and then we were informed that we did need a variance for
the back. So we immediately had the professionals stop installing the fence until we put in for the variance.
We're requesting a variance because of the way the elevation is of our lot. On Twin Mountain Drive you
can see directly into our house. All of our windows are actually on the back side of our house. So a four
foot fence you would see still directly in. We also have concerns for our safety and our privacy. We also
have a dog who is super friendly but she's a conni-corso. She's a big girl. She can jump the fence. I've
seen her jump a four foot fence frequently. So that's why we need the six foot,and also privacy just is our
main concern as well, safety, and we do have an eighteen month old niece who's over all the time. So for
her safety we'd like to have a place for her to stay where people won't be on the road watching.
MR. MC CABE-Sure. So do we have questions of the applicant? So a public hearing has been advertised.
So at this particular time I'm going to open the public hearing and see if there's anybody in the audience
who would like to address us on this particular project? Seeing nobody,Roy,do we have anything written?
PUBLIC HEARING OPENED
MR. URRICO-Nothing written.
MR. MC CABE-So I'm going to close the public hearing.
PUBLIC HEARING CLOSED
MR. MC CABE-I'm going to poll the Board, and I'm going to start with Roy.
MR. URRICO-I think the corner lots are always a problem in figuring out what goes and what shouldn't
go. In this case I think it's a legitimate request to go for the higher fence. Are you sure six feet is enough?
MRS.REICHEN-Well we want it to go along with the neighborhood. Other neighbors have six feet white
vinyl,but,yes.
MR. URRICO-I would be in favor of the higher fence.
MR. MC CABE-Mary?
MRS. PALACINO-I would be as well. I went out and visited the site and I can see what you mean when
you say that your backyard,quote unquote,is very much open to the neighborhood. I think that the fence
that you're proposing would just complete,make the property look complete as it should be.
MR. MC CABE-Brent?
MR. MC DEVITT-I agree. It's a situation where these corner lots, as Roy indicated,become sometimes a
little tricky. So I'm in favor of your project.
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MR. MC CABS Jim?
MR. UNDERWOOD-Yes, the elevation change from down the road to your home, obviously you need a
taller fence. So I'm all for it.
MR. MC CABE-Dick?
MR. CIPPERLY-I have no objection. It looks like every fence there is six feet. So it's fine with me.
MR. MC CABE-Bob?
MR.KEENAN-I agree. I don't have any objections.
MR. MC CABE-And I, too, have no problem with it. It seems absolutely reasonable to me. So, Bob, I
wonder if you could configure a motion for us here.
The Zoning Board of Appeals of the Town of Queensbury has received an application from Jessalie&z Mark
Reichert. Applicant has recently completed a single family home construction and began installation of a
privacy fence along the property line.The applicant was informed that a portion of the fence would require
a variance. The plans show the existing fence at 6 ft.in height along the north and south property line. The
parcel has two fronts where the additional fencing to complete the fence will be along Twin Mountain
Road. Relief requested for fence type and height.
Relief Required:
The applicant requests relief for fence type and height (a portion has already been constructed). The
project site is located on a 0.St ac in the Moderate Density zone.
Section 179-5-020 Fence
The existing fence along the north side, S ft. of the fence is in the front yard,then proposed is about III ft.
of 6 ft. privacy fence along Twin Mountain Road, then about S ft. on the south side to meet with the
existing south side fence line also to be 6 ft.privacy fence in the front yard.Fences are limited to non privacy
and 4 ft.in height in front yards.
SEQR Type II—no further review required,
A public hearing was advertised and held on Wednesday,March 20,2024.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-OSO(A)of the Queensbury Town Code and Chapter
267 of NYS Town Law and after discussion and deliberation,we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties as essentially you're following what the neighborhood has done.
2. Feasible alternatives have been considered by the Board,are reasonable and have been included to
minimize-the request.
3. The requested variance is not substantial because you're following with the neighborhood.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood
or district.
5. The alleged difficulty may be considered self-created because you want to have a fence in your yard.
6. In addition,the Board finds that the benefit to the applicant from granting the requested variance
would outweigh (approval) the resulting detriment to the health, safety and welfare of the
neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary,-
S. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO.
10-2024 TESSALIE&z MARK REICHEN, Introduced by Robert Keenan, who moved for its adoption,
seconded by Michael McCabe:
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(Queensbury ZBA Meeting 03/20/2024)
Duly adopted this 20th Day of March 2024 by the following vote:
AYES: Mrs.Palacino,Mr.Cipperly,Mr.McDevitt,Mr.Urrico,Mr.Underwood,Mr.Keenan,Mr.McCabe
NOES: NONE
ABSENT: Mr. Henkel,Mr. Kuhl
MR. MC CABE-Congratulations,you have a project.
MRS. REICHEN-Thank you.
MR. REICHEN-Thank you.
MR. MC CABE-So our next application is AV 11-2024, Schermerhorn Residential Holdings, L.P,575 Bay
Road.
AREA VARIANCE NO. 11-2024 SEQRA TYPE TYPE II SCHERMERHORN RESIDENTIAL
HOLDINGS L.P. AGENT(S) ENVIRONMENTAL DESIGN PARTNERSHIP LLP OWNER(S)
SCHERMERHORN RESIDENTIAL HOLDINGS L.P. ZONING O LOCATION 575 BAY RD.
APPLICANT PROPOSES TO CONSTRUCT A 41,201 SQ. FT. (FOOTPRINT) BUILDING FOR 76
UNITS. AN EXISTING 3,200 SQ. FT. BUILDING IS TO REMAIN AND TO BE USED AS A
MAINTENANCE BUILDING. THE PROJECT INCLUDES SITE WORK FOR STORMWATER,
LANDSCAPING,LIGHTING,AND PARKING. THE PROJECT WORK INCLUDES DEMOLITION
OF SOME EXISTING OUTBUILDINGS,OTHERS TO REMAIN AND RETAINING THE EXISTING
SINGLE FAMILY HOME. THE PROJECT HAS WORK WITHIN 100 FT. OF WETLANDS. THE
PROJECT IS SUBJECT TO COORDINATED REVIEW WITH THE TOWN BOARD FOR SEWER
DISTRICT EXTENSION. SITE PLAN AND FRESHWATER WETLAND FOR MULTIFAMILY
PROJECT IN THE OFFICE ZONE. RELIEF REQUESTED FOR HEIGHT. CROSS REF SP 61-2023;
FWW 11-2023 WARREN COUNTY PLANNING MARCH 2O24 LOT SIZE 1499 ACRES (2);
1.37 ACRES (3) TAX MAP NO.296.7-1-2&z 3 SECTION 179-3-040;179-5-100;CHAPTER 94
BRANDON FERGUSON,REPRESENTING APPLICANT,PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 11-2024, Schermerhorn Residential Holdings L.P., Meeting Date:
March 20,2024 "Project Location: 575 Bay Rd. Description of Proposed Project: Applicant proposes
to construct a 41,201 sq. ft. (footprint)building for 76 units.An existing 3,200 sq. ft.building is to remain
and to be used as a maintenance building. The project includes site work for stormwater landscaping,
lighting, and parking. The project work includes demolition of some existing out buildings, others to
remain and retaining the existing single family home. The project has work within 100 ft.of wetlands. The
project is subject to coordinated review with the Town Board for sewer district extension. Site plan and
Freshwater Wetland for multifamily project in the Office zone. Relief requested for height.
Relief Required:
The applicant requests relief for height for construction of 76-unit apartment building. The site contains
two parcels to be merged for a total of 16.25 ac located in the Office zone.
179-3-040 Dimensions
The proposed height is to be 47.5 ft. at one corner of the building where height is limited to 40 ft.
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 to reduce
the height of the building however this would reduce the number of units in the building.
3. Whether the requested area variance is substantial. The request for relief may be considered
minimal relevant to the code. The relief for height would be 7.5 ft.
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(Queensbury ZBA Meeting 03/20/2024)
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The project is for the construction of a 76 Unit multifamily building and the existing large barn and some
smaller accessory buildings are to remain. The new building is set back over 600 ft. from Bay Road and
only the southeast portion of the building is to be above 40 ft. The applicant has also noted the finished
grade is at 40 ft. where the elevation relief is from the existing grade to the highest point of the building.
The plans show the elevation and the site details for the new building."
MR. FERGUSON-Brandon Ferguson with Environmental Design Partnership. I'm here representing
Schermerhorn Residential Holdings. So the property is 9.5 acres on the west side of Bay Road, kind of
across from the Community College there. It's in the Office district on Bay Road. So any residential,
multi-family residential,has to beset back 600 feet from the road. There is a wetland area which is located
right off Bay Road when you first kind of pull onto the site,it's right there. So the applicant's proposing
76 unit apartment building, and maintaining some of the existing barns and kind of agricultural buildings
that are currently on the site. So we are requesting a building height variance, 47 and a half where 40 is
required, and in the Code the definition for building height is the same all the way through the Town. It
goes from existing grade instead of proposed, which you run into a lot along the lake, less so in these
commercial areas,but the building is designed to be 40 feet above proposed final grade around it, and in
order to get this site to work from a stormwater standpoint, as well as a cut and fill standpoint, to save
some of those agricultural buildings,this is kind of where we ended up with needing that height variance.
There's high groundwater on the site on a lot of it. So in order to get stormwater to work for a commercial
development, we've got to collect it and transport it to the stormwater basin and then preferably we do
infiltration and we need the storage on site to store it for a 100 year storm here. So that's the main reason.
As we were going through our stormwater design, going through Town Engineering review, we realized
we had to kind of raise up this site in order to actually get it to work. The other thing is it does balance
the site, cut fill wise, which is always a good thing. That means you're not transporting material off the
site. The rear portion of the building,farthest from Bay Road,is actually going to be in cut, and then the
front portion of the building will be in a little bit of fill,especially that southeast corner. What there is in
the existing topography,and it's a little hard to tell here,but in this corner here there's actually a little kind
of gully on the existing topography that comes up right through here,which lowers that existing grade in
that corner relative to the rest of the building. So that's where we're requesting that maximum relief is
right here.
MR. MC CABE-So that's less than a fifth of the total building?
MR. FERGUSON-Yes,really it's just,I mean,really where that is,that's the peak right there, and that's,at
its highest point,47 and a half. It does go over 40 feet,other portions of the building as well. I don't have
an exact percentage but that's the maximum, and the rear of the site,if you go by existing grade,it's only
like 3S feet in height. So it's a cut back here,like I said,and a fill in the front. It's 600 feet off the road to
the north and south,both multi-family residential. It's going to fit into the character of the neighborhood
with this project. It's not going to be a detriment to those neighbors. It's far enough away from them. It's
not really going to be set much higher than they are, and this really helps us with drainage on the site,
protecting those wetlands as you're closer to the road.
MR. MC CABE-So do we have questions of the applicant? So a public hearing has been advertised. So at
this particular time I'm going to open the public hearing and see if there's anybody out there who would
like to address us on this particular project. Roy,do we have anything written?
PUBLIC HEARING OPENED
MR. URRICO-No written comments.
MR. MC CABE-So I'm going to close the public hearing.
PUBLIC HEARING CLOSED
MR. MC CABE-I'm going to poll the Board, and I'm going to start with Jim.
MR.UNDERWOOD-It's one small corner of the building. I think the topography and the unique need to
create a stormwater prevention on site makes sense. So I'm all for it.
MR. MC CABE-Dick?
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(Queensbury ZBA Meeting 03/20/2024)
MR. CIPPERLY-I have no objections. I'm looking for the house,though.
MR. FERGUSON-1 know what you're talking about,the house in the application.
MR. CIPPERLY-Yes.
MR. FERGUSON-Early on the application I think there was a mistake made where there was a house
mentioned that keeps getting carried over. There is no residential house on the property. There's a couple
of agricultural buildings on the property.
MR. CIPPERLY-I see barns and sheds. Yes. Okay.
MR. FERGUSON-Yes,sorry about that.
MR. CIPPERLY-No,I think the placement and stormwater relief is fine.
MR. MC CABE-Bob?
MR.KEENAN-I don't have any issues.
MR. MC CABE-Roy?
MR. URRICO-I have no objections to the application.
MR. MC CABE-Mary?
MRS.PALACINO-Neither do I,no objections.
MR. MC CABE-Brent?
MR.MC DEVITT-I have no objections,Mr.Chairman. It's really that corner,and I appreciate the drainage
on site and protecting the wetlands. So I'm in favor.
MR. MC CABE-And I,too,think that what's being asked of us here is really minimum. So I,too,support
the project. So ,Mary,could you give us a motion here?
MRS.PALACINO-Sure.
The Zoning Board of Appeals of the Town of Queensbury has received an application from Schermerhorn
Residential Holdings L.P. Applicant proposes to construct a 41,201 sq. ft. (footprint) building for 76
units.An existing 3,200 sq.ft.building is to remain and to be used as a maintenance building. The project
includes site work for stormwater landscaping, lighting, and parking. The project work includes
demolition of some existing outbuildings, others to remain and retaining the existing single family home.
The project has work within 100 ft. of wetlands. The project is subject to coordinated review with the
Town Board for sewer district extension. Site plan and Freshwater Wetland for multifamily project in the
Office zone. Relief requested for height.
Relief Required:
The applicant requests relief for height for construction of 76-unit apartment building. The site contains
two parcels to be merged for a total of 16.25 ac located in the Office zone.
179-3-040 Dimensions
The proposed height is to be 47.5 ft. at one corner of the building where height is limited to 40 ft.
SEQR Type II—no further review required,
A public hearing was advertised and held on Wednesday,March 20,2024.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-OSO(A)of the Queensbury Town Code and Chapter
267 of NYS Town Law and after discussion and deliberation,we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because it will fit in with other multi-family homes that are in that area.
2. Feasible alternatives have been considered by the Board,are reasonable and have been included to
minimize the request.
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(Queensbury ZBA Meeting 03/20/2024)
3. The requested variance is not substantial because it affects clearly just one corner of the entire
property that's being proposed to be constructed.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood
or district because groundwater issues have been addressed.
5. The alleged difficulty is self-created because they're looking to construct this multi-family
building.
6. In addition,the Board finds that the benefit to the applicant from granting the requested variance
would—Outweigh (approval) the resulting detriment to the health, safety and welfare of the
neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary,-
S. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO.
11-2024 SCHERMERHORN RESIDENTIAL HOLDINGS, L.P., Introduced by Mary Palacino, who
moved for its adoption,seconded by Brent McDevitt:
Duly adopted this 20th Day of March 2024 by the following vote:
AYES: Mr.Cipperly,Mr.Keenan,Mrs.Palacino,Mr.Underwood,Mr.McDevitt,Mr.Urrico,Mr.McCabe
NOES: NONE
ABSENT: Mr. Henkel,Mr. Kuhl
MR. MC CABE-You've got a project.
MR. FERGUSON-All right. Thanks very much.
MR. MC CABE-So our next application is AV 16-2024,Redbud Development Inc.,226 Lake Parkway. So
are they here?
MRS. MOORE-I know Matt was supposed to come. They're not in the hallway. So I'm going to have to
email them and find out where they're at,if you want to move on.
MR. MC CABE-So we'll move on. Are you here for the solar project?
AUDIENCE MEMBER-Yes,sir.
MR. MC CABE-Okay. So we're going to jump ahead. So our next application is AV 17-2024,AEC Solar
Energy Corp.,119 Big Bay Road.
MR. MC DEVITT-I have a potential conflict. I previously had a relationship with this company. I'm just
going to step out of the room out of total respect for our process, and I'll leave you guys to take care of
things.
AREA VARIANCE NO.17-2024 SEQRA TYPE TYPE 11 AEC SOLAR ENERGY CORP. AGENT(S)
AEC SOLAR ENERGY CORP. OWNER(S) HUDSON ORIGINS LLC ZONING WR LOCATION
119 BIG BAY RD. APPLICANT PROPOSES TO INSTALL A 1,118 SQ. FT. GROUND MOUNTED
SOLAR ARRAY OF 20.8 KW DC. THE EXISTING HOME AND DETACHED GARAGE ARE TO
REMAIN AS IS. THE PANELS ARE TO BE INSTALLED ON A RACK SYSTEM AND CONNECTED
TO THE HOUSE VIA TRENCH. SITE PLAN FOR GROUND MOUNTED SOLAR ARRAY. RELIEF
REQUESTED FOR SOLAR ARRAY IN FRONT YARD AND SETBACKS. CROSS REF SP 14-2024
WARREN COUNTY PLANNING MARCH 2024 LOT SIZE 5.15 ACRES TAX MAP NO. 316.13-
1-1 SECTION 179-3-040;179-5-140
JEFFREY KATT, REPRESENTING APPLICANT,PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 17-2024, AEC Solar Energy Corp., Meeting Date: March 20, 2024
"Project Location: 119 Big Bay Rd. Description of Proposed Project: Applicant proposes to install a
1,118 sq.ft.ground mounted solar array of 20.8 kw de.The existing home and detached garage are to remain
13
(Queensbury ZBA Meeting 03/20/2024)
as is. The panels are to be installed on a rack system and connected to the house via trench. Site plan for
ground mounted solar array. Relief requested for solar array in front yard and setbacks.
Relief Required:
The applicant requests relief for solar array in front yard and setbacks. The project site is located on 4.44
ac in the Waterfront residential zone.
Section 179-3-040,and 179-5-140 Renewable Energy
The ground mounted solar of 111E sf is to be located in the front yard and is to be 67.1 ft.from the property
line where a 75 ft. setback is required from any property line.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination,the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of this area variance. Minor to no
impacts to the neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method,feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the
configuration of the lot having a shoreline and front yard having 2-fronts and the location has a
preexisting tree coverage.
3. Whether the requested area variance is substantial. The relief may be considered minor relevant
to the code. The proposed line setback relief is 7.9 ft. The location relief would trigger a variance due
to two fronts.
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 will have
minimal impact to the neighborhood.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The project is for a ground mounted solar system of 1,11E sf located in an area of the parcel that has existing
tree coverage. The panel system does not exceed 12 ft.in height. The plans show the system to be located
over 300 ft.from Big Bay Road."
MR.URRICO-And the Planning Board,based on its limited review,did not identify any significant adverse
impacts that cannot be mitigated with the current project proposal. And that motion was adopted on
March 19`h,2024 by a unanimous vote.
MR. KATT-Good evening. My name is Jeffrey Katt, and I'm here representing AEC Solar Energy Corp.,
the solar contractor for this project. Just quickly before addressing the two specific variances we're
looking for, I did want to mention that a ground mounted solar array in this case was the only feasible
option. A roof mounted array would not be feasible due to tree coverage on the existing home and
detached garage. For the first variance, for front yard, if you look at the plan set,you'll notice that the
home is at the extreme west of the property. There is only front yard. So it does have to be there. I did
have this photo. This is the view from Big Bay Road. The array would be screened from the road by this
tree line here. So even though it's in the front,it would not be visible to any traffic. The second variance
we're looking for is for the setback. Required is 75 feet. We're at 67 feet and 1 inch. The reason for that
is there is an existing tree line. Sothis is the proposed location of the array. If we meet the 75 foot it'll
put it into the shade of the tree line here and reduce the production of the array. Those are what we're
looking for.
MR.MC CABE-Okay. So do we have questions of the applicant? So a public hearing has been advertised.
So at this particular time I'm going to open the public hearing and see if there's anybody out there who
would like to address us on this particular project? Anything written?
PUBLIC HEARING OPENED
MR. URRICO-No written comment.
MR. MC CABE-So at this particular time I'm going to close the public hearing.
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(Queensbury ZBA Meeting 03/20/2024)
PUBLIC HEARING CLOSED
MR. MC CABE-I'm going to poll the Board, and I'm going to start with Bob.
MR. KEENAN-I think this is probably the only feasible spot for solar on that property and I don't have a
problem with it.
MR. MC CABE-Roy?
MR. URRICO-I have no objection.
MR. MC CABE-Mary?
MRS.PALACINO-I have no objections either. I went out and saw the property,understand the issue with
the tree covers and I appreciate that you're looking to keep the trees where they are.
MR. MC CABE Jim?
MR. UNDERWOOD-This is 300 feet back from the road back to where it's going to be sited on the
property. I have no problem with it.
MR. MC CABE-Dick?
MR. CIPPERLY-I think it's a good plan for a good spot.
MR. MC CABE-Yes,I mean it's pretty remote back to the house there and,yes,I suppose you could try to
put it on the bank,but that probably wouldn't be a good deal. So I support the project also. So,Jim, I
wonder if you could give us a motion here.
The Zoning Board of Appeals of the Town of Queensbury has received an application from AEC Solar
Energy Corp. Applicant proposes to install a 1,11E sq. ft. ground mounted solar array of 20.5 kw de. The
existing home and detached garage are to remain as is. The panels are to be installed on a rack system and
connected to the house via trench. Site plan for ground mounted solar array. Relief requested for solar
array in front yard and setbacks.
Relief Required:
The applicant requests relief for solar array in front yard and setbacks. The project site is located on 4.44
ac in the Waterfront residential zone.
Section 179-3-040,and 179-5-140 Renewable Energy
The ground mounted solar of 1,11E sf is to be located in the front yard and is to be 67.1 ft.from the property
line where a 75 ft. setback is required from any property line.
SEQR Type II—no further review required,
A public hearing was advertised and held on Wednesday,March 20,2024.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-OSO(A)of the Queensbury Town Code and Chapter
267 of NYS Town Law and after discussion and deliberation,we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties. It's not going to be visible. It's 300 feet back from the road.
2. Feasible alternatives aren't really available. It's sited appropriately to gain maximum gain from
the solar panels. The request is minimal as far as we're concerned.
3. The requested variance is not substantial. Even though it's in the front yard,it's not really a front
yard in essence it's the back 40 and well set back from the road.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood
or district.
5. The alleged difficulty is self-created because they want this and they have two front yards
essentially with the waterfront and the backyard facing the road.
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(Queensbury ZBA Meeting 03/20/2024)
6. In addition,the Board finds that the benefit to the applicant from granting the requested variance
would outweigh (approval) the resulting detriment to the health, safety and welfare of the
neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary,-
S. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO.
17-2024 AEC SOLAR ENERGY CORP.,Introduced by James Underwood,who moved for its adoption,
seconded by Richard Cipperly:
Duly adopted this 20th Day of March 2024 by the following vote:
AYES: Mrs.Palacino,Mr. Underwood, Mr. Keenan,Mr. Cipperly,Mr. Urrico,Mr. McCabe
NOES: NONE
ABSENT: Mr. Henkel,Mr.Kuhl,Mr. McDevitt
MR. MC CABE-Congratulations,you have a project.
MR.KATT-Thank you.
MR. MC CABE-So do we have a next application?
MRS. MOORE-I'm waiting to hear from him. I mean I knew the primary developer, or owner of the
company, Geff,is out of town on an emergency for his family,but I knew his partner was supposed to be
here with the property owner. So I'm not quite sure what's going on. So he's on the phone. I'm assuming
that you would need to table it.
MR. MC CABE-We can table it until next week. So,yes,we'll do that.
MR. CIPPERLY-Do we vote to table this?
MR. MC CABE-So we're going to table it until next week?
MRS. MOORE-Next week,yes.
MR. MC CABE-Okay.
AREA VARIANCE NO. 16-2024 SEQRA TYPE TYPE 11 REDBUD DEVELOPMENT INC.
AGENT(S) GEFF REDICK OWNER(S) LAKE PARKWAY RETREAT LLC ZONING WR
LOCATION 226 LAKE PARKWAY APPLICANT PROPOSES TO CONSTRUCT A 565 SQ. FT.
PAVILION ADDITION TO AN EXISTING HOME AND ALTER TWO DORMERS OF THE HOME.
THE PROJECT WORK INCLUDES IMPROVING PERMEABILITY ON THE SITE, A NEW
PLANTING PLAN,UPDATED PATIO WALKWAY AREAS,RETAINING WALL NEAR HOT TUB
AREA AND NEW BOULDER WALLS ON THE SITE. PROJECT INCLUDES EXISTING AND
NEW STORMWATER MANAGEMENT. THE SHORELINE AREA IS TO BE IMPROVED WITH
PLANTINGS NAD RETAINING WALL. SITE PLAN FOR NEW FLOOR AREA IN THE CEA AND
HARD SURFACING WITHIN 50 FT. OF THE SHORELINE. RELIEF REQUESTED FOR
SETBACKS,FLOOR AREA,AND STORMWATER MANAGEMENT SETBACKS. CROSS REF SP
13-2024; AV 72-2005; SP 53-2005 WARREN COUNTY PLANNING MARCH 2O24
ADIRONDACK PARK AGENCY ALD LOT SIZE 0.62 ACRES TAX MAP NO. 226.19-1-82
SECTION 179-3-040;147
The Zoning Board of Appeals of the Town of Queensbury has received an application from Redbud
Development Inc. Applicant proposes to construct a 565 sq.ft.pavilion addition to an existing home and
alter two dormers of the home. The project work includes improving permeability on the site, a new
planting plan,updated patio walkway areas,retaining wall near hot tub area and new boulder walls on the
site.Project includes existing and new stormwater management. The shoreline area is to be improved with
plantings and retaining wall. Site plan for new floor area in the CEA and hard surfacing within 50 ft.of the
shoreline. Relief requested for setbacks,floor area, and stormwater management setbacks.
MOTION TO TABLE AREA VARIANCE NO.16-2024 REDBUD DEVELOPMENT INC.,Introduced
by Michael McCabe who moved for its adoption,seconded by Mary Palacino:
16
(Queensbury ZBA Meeting 03/20/2024)
Tabled to March 27,2024.
Duly adopted this 20`h day of March,2024,by the following vote:
AYES: Mr.Keenan,Mrs.Palacino,Mr. McDevitt,Mr.Cipperly,Mr.Urrico,Mr.Underwood,Mr. McCabe
NOES: NONE
ABSENT: Mr. Henkel,Mr. Kuhl
MR. MC CABE-So with that,I make a motion that we close tonight's meeting.
MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF
MARCH 20TH, 2024, Introduced by Michael McCabe who moved for its adoption, seconded by James
Underwood:
Duly adopted this 20`h day of March,2024,by the following vote:
AYES: Mrs.Palacino,Mr.Underwood,Mr.Cipperly,Mr.Urrico,Mr.Keenan,Mr.McDevitt,Mr.McCabe
NOES: NONE
ABSENT: Mr. Henkel,Mr. Kuhl
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Michael McCabe,Chairman
17