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Staff NotesStaff Notes ZBA April 17, 2024 Administrative Items: Approval of Meeting Minutes March 20, 2024 & March 27, 2024 Tabled Items: AV 4-2023 Geraldine Eberlein New Business: AV 14-2024 Patten Property Development AV 15-2024 Patten Property Development AV 18-2024 Paul Zemanek (Lot 1) AV 19-2024 Paul Zemanek (Lot 2) AV 20-2024 Victor &Terry Celadon AV 23-2024 Seeley Machine Inc. (Lot 1) AV 24-2024 Seeley Machine Inc. (Lot 2) Queensbury Zoning Board of Appeals Agenda Meeting: April 17, 2024 Time: 7:00- 1 1:00 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 20, 2024 & March 27, 2024 TABLED ITEMS: Applicant(s) Geraldine Eberlein Area Variance Number AV 4-2023 Owner(s) Geraldine Eberlein SEQRA Type Type II Agent(s) 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 February 15, 2023; March 22, 2023; April 19, 2023; Adirondack Park Agency ALD May 17, 2023; July 19, 2023; August 16, 2023,- October 18, 2023; December 13, 2023; January 17, 2024; February 21, 2024; March 20, 2024; April 17, 2024 Project Description: (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 within 50 ft. of the shoreline. Relief requested for setbacks, floor area, and permeability. NEW BUSINESS: Applicant(s) Patten Property Development Area Variance Number AV 14-2024 Owner(s) Patten Property Management LLC SEQRA Type Type II A ent s Ethan Hall Rucinski Hall Architecture Lot Size 0.47 acres Location & Ward Off Hall Road Barber Rd Ward 1 Zoning WR Tax Id No 289.11-1-59.312 Section 179-3-040 Cross Ref SP 12-2024 Warren County Planning n/a Public Hearing A ril 17, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes a 641 sq ft house footprint with a 299 sq ft porch/deck area. The floor area is to be 1,351 sq ft. Project includes a lot line adjustment to decrease the lot size from 0.47 ac to 0.35 ac. Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. Site plan for project within 50 ft of 15% slopes. Relief requested for permeability, lot size, and setbacks. Applicant(s) Patten Property Development Area Variance Number AV 15-2024 Owner(s) Patten Property Management LLC SEQRA Type Type II Agent(s) Ethan Hall Rucinski Hall Architecture Lot Size 0.29 acres Location & Ward 96 Hall Road Ward 1 Zoning WR Tax Id No 289.11-1-23 Section 179-3-040 Cross Ref SP 11-2024 Warren County Planning n/a Public Hearing Aril 17, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes to construct a new 2,537 sq ft (footprint) home with 47 sq ft porch/deck area with a floor area of 5,165 sq ft. The existing home has been demolished and there are other items to be demolished as well. The project includes a lot line adjustment to increase the lot size from 12,690 sq ft to 18,200 sq ft. The lot line adjustment allows for direct access to Hall Road from the lot (previous access was through adjoining lot). Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. The project includes a new dock system along Glen Lake. Site plan for hard surfacing within 50 ft of the shoreline and new floor area. Relief requested for permeability, setbacks, height, floor area, road frontage, and number of garages. Queensbury Zoning Board of Appeals Agenda Meeting: April 17, 2024 Time: 7:00- 1 1:00 pm Queensbury Activities Center- 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Paul Zemanek Lot 1 Area Variance Number AV 18-2024 Owner(s) Paul Zemanek SEQRA Type Type II Agent(s) RU Holmes Engineers PLLC Lot Size 0.72 acres Location & Ward 10 Elm Drive Ward 1 Zoning WR Tax Id No 289.10-1-52.1 Section 179-3-040 Cross Ref n/a Warren County Planning n/a Public Hearing Aril 17, 2024 Adirondack Park Agency n/a Project Description: Applicant proposes a lot line adjustment between two parcels where Lot 1 will be reduced from 0.72 acres to 0.315 acres, and Lot 2 will be increased from 0.05 acres to 0.455 acres. The project also includes site work to remove existing sheds on the site, reduction of hard surfacing and driveway surface reduction between both lots. Lot 1 retains an existing house and Lot 2 proposes a new home. The existing home on Lot 1 (1,019 sq ft footprint and floor area of 1,968 sq ft) with reduced lot size is to remain. Lot 2 is to have a 1,400 sq ft footprint and floor area of 4,200 sq ft. Relief requested for lot size, lot width, road frontage, and water frontage. Applicant(s) Paul Zemanek Lot 2 Area Variance Number AV 19-2024 Owner(s) Paul Zemanek SEQRA Type Type I1 A ent s RU Holmes Engineers PLLC Lot Size .05 acres Location & Ward Glen Lake Rd. Ward 1 Zoning WR Tax Id No 289.10-1-52.2 Section 179-3-040; 179-6-065 Cross Ref SP 16-2024 Warren County Planning n/a Public Hearin Aril 17, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes a new single-family home of 1,400 sq ft footprint with a floor area of 4,200 sq ft. The existing parcel is vacant and sitework includes new septic, well, and driveway access from the adjoining lot. Project work includes shoreline planting plan and stormwater management. The project parcel is associated with a lot line adjustment with the adjoining lot. Site plan for new floor area in a CEA. Relief requested for road frontage, access from adjoining lot, lot width, water frontage, and height, Applicant(s) Victor & Terry Celadon Area Variance Number AV 20-2024 Owner(s) Victor & Terry Celadon SEQRA Type Type II Agent(s) Ethan Hall Rucinski Hall Architects Lot Size 0.75 acres Location & Ward 29 Jay Road Ward 1 Zoning WR Tax Id No 289.10-1-15 Section 179-3-040; 179-5-020 Cross Ref SP 17-2024 Warren County Planning n/a Public Hearing Aril 17, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes demolition of the existing home to construct a new home of 2,700 sq ft footprint with a floor area of 3,889 sq ft. The project will maintain a well point for the home, a 131 sq ft shed, and existing shoreline buffer. The site work includes a new septic system and site disturbance of 12,198 sq ft. Site plan for new floor in a CEA and hard surfacing within 50 ft of shoreline. Relief requested for setbacks. Applicant(s) Seeley Machine Inc. Lot 1 Area Variance Number AV 23-2024 Owner(s) Seeley Boomworks LLC SEQRA Type Type II Agent s Hutchins Engineering PLLC Lot Size 7.25 acres Location & Ward 75 Big Boom Rd. Ward 4 Zoning CLI Tax Id No 309.18-1-1 Section 179-3-040 Cross Ref AV 24-2024; SP 18-2024; SUB 3-2024; SUB 4-2024; SP 67-2014; SP 65-2005 Warren County Planning April 2024 Public Hearing Aril 17, 2024 Adirondack Park Agency n/a Project Description: Applicant proposes a two -lot subdivision of a 7.25 acre parcel. Lot 1 parcel is to be 3.04 ac and will contain the existing 21,300 sq ft building portion noted as Seeley Machine LLC; Lot 2 is to be 4.21 ac parcel and contains the 15,000 sq ft warehouse building with an existing tenant and storage. The proposed lot line will separate the two buildings between the shared covered dock loading space. There are no changes proposed to the site. Site plan review for site work completed in 2019. Relief requested for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: April 17, 2024 Time: 7:00- 1 1:00 pm Queensbury Activities Center - 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Seeley Machine Inc. Lot 2 Area Variance Number AV 24-2024 Owner(s) Seeley Boomworks SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 7.25 acres Location & Ward 75 Big Boom Rd. Ward 4 Zoning CLI Tax Id No 309.18-1-1 Section 179-3-040 Cross Ref AV 23-2024; SP 19-2024; SUB 3-2024; SUB 4-2024; SP 67-2014; SP 65-2005 Warren County Planning April 2024 Public Hearing Aril 17, 2024 Adirondack Park Agency n/a Proiect Description: Applicant proposes a two -lot subdivision of a 7.25 acre parcel. Lot 2 is to be 4.21 ac parcel and contains the 15,000 sq ft warehouse building with an existing tenant and storage; Lot 1 parcel is to be 3.04 ac and will contain the existing 21,300 sq ft building portion noted as Seeley Machine LLC. The proposed lot line will separate the two buildings between the shared covered dock loading space. There are no proposed changes to the site. Site plan review for site work completed in 2019. Relief 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 2024\April 17, 2024\ZBA Final Agenda April 17, 2024.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 4-2023 Project Applicant: Geraldine Eberlein Project Location: 12 Seelye Road North Parcel History: SP 5-2023; AV 70-2007 SEQR Type: Type II Meeting Date: April 17, 2024 Description of Proposed Project: (Revised) Applicant proposes demolition of an existing home and guest cottage to construct a new home with a footprint of 2,334 sq. ft.; an outdoor kitchen of 234 sq. ft.; and a new floor area of 3,121 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 within 50 ft. of the shoreline. Relief 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 73.6% where 75% is required (increased permeability). The floor area proposed is 3121 sq ft (23.8%) where 2885.47 sq ft (22%) is maximum allowed (reduced floor area). 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 1.8% in excess and permeability is 1.4% 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. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes to construct a new home 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 applicant has revised plans to increase permeability and reduce floor area. 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 Ulm of (tgceimbury 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; March 22, 2023; April 19, 2023; May 17, 2023; June 21, 2023; August 16, 2023; October 18, 2023; December 13, 2023; January 17, 2024; February 21, 2024; March 20, 2024; March 27, 2024; April 17, 2024 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 2,334 sq. ft.; an outdoor kitchen of 234 sq. ft.; and a new floor area of 3,121 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 within 50 ft. of the shoreline. Relief requested for setbacks, floor area, and permeability. Relief Required: The applicant requests relief for setbacks, floor area, and penneability 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 73.6% where 75% is required (increased permeability). The floor area proposed is 3121 sq ft (23.8%) where 2885.47 sq ft (22%) is maximum allowed (reduced floor area). SEQR Type II — no further review required; A public hearing was advertised and held on February 15, 2023; March 22, 2023; April 19, 2023; May 17, 2023; June 21, 2023; August 16, 2023; October 18, 2023; December 13, 2023; January 17, 2024; February 21, 2024; March 20, 2024; March 27, 2024; April 17, 2024 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. 4-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 1711 Day of April 2024 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 14-2024 Project Applicant: Patten Property Development Project Location: Off Hall Road (Barber Road) Parcel History: SP 12-2024 SEQR Type: Type II Meeting Date: April 17, 2024 Description of Proposed Project: Applicant proposes a 641 sq ft house footprint with a 299 sq ft porch/deck area. The floor area is to be 1,351 sq ft. Project includes a lot line adjustment to decrease the lot size from 0.47 ac to 0.35 ac. Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. Site plan for project within 50 ft of 15% slopes. Relief requested for permeability, lot size, and setbacks. Relief Required: The applicant requests relief for permeability, lot size, and setbacks for construction of a new home. The site is to be 0.35 ac in the Waterfront Residential zone. Section 179-3-040 The new home is to be 12 ft 10 inches from the front and 25 ft 10 inches from the rear where 30 ft is required, the permeability is to be 67.37% where 75% is required, and the lot size has been reduced to 0.35 ac where 2 ac 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 minimal impact on the neighboring properties or neighborhood character. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The feasible alternatives may be considered limited due to the property shape. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief is requested for front 17 ft 2 inches, for the rear 4 ft 2 inches. 7.63% greater impermeable than allowed, and 1.65 ac deficient from 2 ac required. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes to construct a new home with associated site work. The reduction in lot size is to allow the adjoining lot to have direct access to Hall Road. Each lot will have access to Hall Road Extension directly. The plans show the location of the home and driveway access to the home. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Tbwn of CZueensbiny Area Variance Resolution To: Approve / Disapprove Applicant Name: Patten Property Development File Number: AV 14-2024 Location: Off Hall Road (Barber Road) Tax Map Number: 289.11-1-59.312 ZBA Meeting Date: April 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Patten Property Development. Applicant proposes a 641 sq ft house footprint with a 299 sq ft porch/deck area. The floor area is to be 1,351 sq ft. Project includes a lot line adjustment to decrease the lot size from 0.47 ac to 0.35 ac. Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. Site plan for project within 50 ft of 15% slopes. Relief requested for permeability, lot size, and setbacks. Relief Required: The applicant requests relief for permeability, lot size, and setbacks for construction of a new home. The site is to be 0.35 ac in the Waterfront Residential zone. Section 179-3-040 The new home is to be 12 ft 10 inches from the front and 25 ft 10 inches from the rear where 30 ft is required, the permeability is to be 67.37% where 75% is required, and the lot size has been reduced to 0.35 ac where 2 ac is required. SEQR Type II - no further review required; A public hearing was advertised and held on Wednesday, April 17, 2024. 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 I ncluded 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. 14-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 1711 Day of April 2024 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 15-2024 Project Applicant: Patten Property Development Project Location: 96 Hall Road Parcel History: SP 11-2024 SEQR Type: Type II Meeting Date: April 17, 2024 Description of Proposed Project: Applicant proposes to construct a new 2,537 sq ft (footprint) home with 47 sq ft porch/deck area with a floor area of 5,165 sq ft. The existing home has been demolished and there are other items to be demolished as well. The project includes a lot line adjustment to increase the lot size from 12,690 sq ft to 18,200 sq ft. The lot line adjustment allows for direct access to Hall Road from the lot (previous access was through adjoining lot). Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. The project includes a new dock system along Glen Lake. Site plan for hard surfacing within 50 ft of the shoreline and new floor area. Relief requested for permeability, setbacks, height, floor area, road frontage, and number of garages. Relief Required: The applicant requests relief for permeability, setbacks, height, floor area, road frontage, and number of garages. The project site is to be on a 0.42 ac parcel in the Waterfront Residential. Section 179-3-40 The new home is to be located 37 ft 1 inches from the shoreline where a 50 ft setback is required, the floor area is to be 5,165 sf where the maximum allowed is 4004 sf, the permeability is proposed to be 67.8 % where the required is 75%, the height is to be 32 ft 6 inches where the maximum allowed is 28 ft. Relief for road frontage where 46.2 ft is proposed and 150 ft is required for WR zone and for the number of garages where one is allowed at 1100 sf and three are proposed due to the house design less than 1100 in total. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. The project may be considered to have little to no impact on the neighboring properties. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The feasible alternatives may be considered to reduce the relief requested. 3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. Relief is requested for 12 ft 11 inches from the home to the shoreline, 1161 sf of floor area greater than allowed, 7.2% greater impermeable than allowed, 4 ft 6 inches taller than allowed, 103.8 ft less that required for road frontage, and 2 more garages than allowed 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. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes to construct a new home with associated site work. The increase in parcel size will allow for direct access to Hall Road Extension. The plans show the location of the home and driveway access to the home. 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 "hown of (tucensbU17 Area Variance Resolution To: Approve / Disapprove Applicant Name: Patten Property Development File Number: AV 15-2024 Location: 96 Hall Road Tax Map Number: 289.11-1-23 ZBA Meeting Date: April 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Patten Property Development. Applicant proposes to construct a new 2,537 sq ft (footprint) home with 47 sq ft porch/deck area with a floor area of 5,165 sq ft. The existing home has been demolished and there are other items to be demolished as well. The project includes a lot line adjustment to increase the lot size from 12,690 sq ft to 18,200 sq ft. The lot line adjustment allows for direct access to Hall Road from the lot (previous access was through adjoining lot). Site work includes new septic, well, landscaping, stormwater, and other associated lot disturbance. The project includes a new dock system along Glen Lake. Site plan for hard surfacing within 50 ft of the shoreline and new floor area. Relief requested for permeability, setbacks, height, floor area, road frontage, and number of garages. Relief Required: The applicant requests relief for permeability, setbacks; height, floor area, road frontage, and number of garages. The project site is to be on a 0.42 ac parcel in the Waterfront Residential. Section 179-3-40 The new home is to be located 37 ft 1 inches from the shoreline where a 50 ft setback is required, the floor area is to be 5,165 sf where the maximum allowed is 4004 sf, the permeability is proposed to be 67.8 % where the required is 75%, the height is to be 32 ft 6 inches where the maximum allowed is 28 ft. Relief for road frontage where 46.2 ft is proposed and 150 ft is required for WR zone and for the number of garages where one is allowed at 1100 sf and three are proposed due to the house design less than 1100 in total. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, April 17, 2024. 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 (qpproval) / 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. 15-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17t' Day of April 2024 by the following vote: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 18-2024 Project Applicant: Paul Zemanek (Lot 1) Project Location: 10 Elm Drive Parcel History: n/a SEAR Type: Type II Meeting Date: April 17, 2024 Description of Proposed Project: Applicant proposes a lot line adjustment between two parcels where Lot 1 will be reduced from 0.72 acres to 0.315 acres, and Lot 2 will be increased from 0.05 acres to 0.455 acres. The project also includes site work to remove existing sheds on the site, reduction of hard surfacing and driveway surface reduction between both lots. Lot 1 retains an existing house and Lot 2 proposes a new home. The existing home on Lot 1 (1,019 sq ft footprint and floor area of 1,968 sq ft) with reduced lot size is to remain. Lot 2 is to have a 1,400 sq ft footprint and floor area of 4,200 sq ft. Relief requested for lot size, lot width, road frontage, and water frontage. Relief Required: The applicant requests relief for lot size, lot width, road frontage, and water frontage. The parcel is to be 0.315 ac in the Waterfront residential zone. Section 179-3-040 The project requires an area variance for reducing lot size less than 2 acres to 0.315 ac, lot width for less than 150 ft where 63.56 is proposed, road frontage for less than 150 ft where existing is 67.71 ft and 50 ft is proposed, water frontage for less than 150 ft where 140.23 ft existing and 63.72 ft is proposed. 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 configuration and the existing house location. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to substantial relevant to the code. Relief for 1.65 ac lot size, 86.44 ft lot width, 100 ft road frontage, and 9.77 ft water frontage. 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 environmental conditions. Project includes improving the permeability on site. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to maintain the existing home with site improvements including removal of a shed and increasing permeability. The plans show the existing home and the improvements. Photos of the existing home were included. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 t To�tn of Q?ecrasbu�y Area Variance Resolution To: Approve / Disapprove Applicant Name: Paul Zemanek (Lot 1) File Number: AV 18-2024 Location: 10 Elm Drive Tax Map Number: 289.10-1-52.1 ZBA Meeting Date: April 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Paul Zemanek. Applicant proposes a lot line adjustment between two parcels where Lot 1 will be reduced from 0.72 acres to 0.315 acres, and Lot 2 will be increased from 0.05 acres to 0.455 acres. The project also includes site work to remove existing sheds on the site, reduction of hard surfacing and driveway surface reduction between both lots. Lot 1 retains an existing house and Lot 2 proposes a new home. The existing home on Lot 1 (1,019 sq ft footprint and floor area of 1,968 sq ft) with reduced lot size is to remain. Lot 2 is to have a 1,400 sq ft footprint and floor area of 4,200 sq ft. Relief requested for lot size, lot width, road frontage, and water frontage. Relief Required: The applicant requests relief for lot size, lot width, road frontage, and water frontage. The parcel is to be 0.315 ac in the Waterfront residential zone. Section 179-3-040 The project requires an area variance for reducing lot size less than 2 acres to 0.315 ac, lot width for less than 150 ft where 63.56 is proposed, road frontage for less than 15.0 ft where existing is 67.71 ft and 50 ft is proposed, water frontage for less than 150 ft where 140.23 ft existing and 63.72 ft is proposed. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, April 17, 2024. 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. 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. 18-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17t' Day of April 2024 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 19-2024 Project Applicant: Paul Zemanek (Lot 2) Project Location: Glen Lake Road Parcel History: SP 16-2024 SEAR Type: Type II Meeting Date: April 17, 2024 Description of Proposed Project: Applicant proposes a new single family home of 1,400 sq ft footprint with a floor area of 4,200 sq ft. The existing parcel is vacant and site work includes new septic, well, and driveway access from the adjoining lot. Project work includes shoreline planting plan and stormwater management. The project parcel is associated with a lot line adjustment with the adjoining lot. Site plan for new floor area in a CEA. Relief requested for road frontage, access from adjoining lot, lot width, water frontage, and height. Relief Required: The applicant requests relief for road frontage, access from adjoining lot, lot width, water frontage, and height. The parcel is to be 0.455 located in the waterfront residential zone. Section 179-3-040 Relief is requested for road frontage where 0 ft is proposed and 150 ft is required, lot width where 93.29 ft is proposed and 150 ft is required, water frontage where 86.58 ft is proposed and 150 ft is required, height where 36 ft 8 7/8 inches is proposed and 28 ft is the maximum allowed and access where access is through an adjoining property where direct access 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 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 merge the adjacent lot for a conforming lot for the existing home. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to relevant to the code. Relief requested for road frontage of 150 ft, lot width of 56.71 ft, water frontage of 63.42 ft, 8 ft 7 inches for height, and access through the adjoining property to Elm Drive. 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 project includes construction of new single family home with associated site work. The plans show the location of the new home with stormwater management, shoreline plantings, and new septic system. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'I"oivn of C-itcensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Paul Zemanek (Lot 2) File Number: AV 19-2024 Location: Glen Lake Rd. Tax Map Number: 289.10-1-52.2 ZBA Meeting Date: April 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Paul Zemanek. Applicant proposes a new single-family home of 1,400 sq ft footprint with a floor area of 4,200 sq ft. The existing parcel is vacant and sitework includes new septic, well, and driveway access from the adjoining lot. Project work includes shoreline planting plan and stormwater management. The project parcel is associated with a lot line adjustment with the adjoining lot. Site plan for new floor area in a CEA. Relief requested for road frontage, access from adjoining lot, lot width, water frontage, and height. Relief Required: The applicant requests relief for road frontage, access from adjoining lot, lot width, water frontage, and height. The parcel is to be 0.455 located in the waterfront residential zone. Section 179-3-040 Relief is requested for road frontage where 0 ft is proposed and 150 ft is required, lot width where 93.29 ft is proposed and 150 ft is required, water frontage where 86,.58 ft is proposed and 150 ft is required, height where 36 ft 8 7/8 inches is proposed and 28 ft is the maximum allowed and access where access is through an adjoining property where direct access is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, April 17, 2024. 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 -tip letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 19-2024, Introduced by , who moved for its adoption; seconded by Duly adopted this 1711 Day of April 2024 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 20-2024 Project Applicant: Victor & Terry Celadon Project Location: Parcel History: SEQR Type: Meeting Date: 29 Jay Road SP 17-2024 Type II April 17, 2024 Description of Proposed Project: Applicant proposes demolition of the existing home to construct a new home of 2,700 sq ft footprint with a floor area of 3,889 sq ft. The project will maintain a well point for the home, a 131 sq ft shed, and existing shoreline buffer. The site work includes a new septic system and site disturbance of 12,198 sq ft. Site plan for new floor in a CEA and hard surfacing within 50 ft of shoreline. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of a new home. The project site is a 0.75 ac parcel in the Waterfront Residential zone. Section 179-3-040 The variance relief requested from the shoreline for the following: garage is to be 18 ft 8 inches, existing shed 11 ft 4 inches, the proposed home 17 ft 1 inch to the west side, then 21 ft from the east side where a 50 ft shoreline 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 configuration. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief for the garage is 31 ft 4 inches, existing shed 38 ft 8 inches, west side of home 32 ft 11 inches, east side of home 29 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 construct a new single-family home with associated site work. The plans show the new home and site improvements including a new septic system. Zoning Board of Appeals — Record of Resolution 1 Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 �R 'Town of Ctuccrrsbu►y Area Variance Resolution To: Approve / Disapprove Applicant Name: Victor & Terry Celadon File Number: AV 20-2024 Location: 29 Jay Road Tax Map Number: 289.10-1-15 ZBA Meeting Date: April 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Victor & Terry Celadon. Applicant proposes demolition of the existing home to construct a new home of 2,700 sq ft footprint with a floor area of 3,889 sq ft. The project will maintain a well point for the home, a 131 sq ft shed, and existing shoreline buffer. The site work includes a new septic system and site disturbance of 12,198 sq ft. Site plan for new floor in a CEA and hard surfacing within 50 ft of shoreline. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of a new home. The project site is a 0.75 ac parcel in the Waterfront Residential zone. Section 179-3-040 The variance relief requested from the shoreline for the following: garage is to be 18 ft 8 inches, existing shed 11 ft 4 inches, the proposed home 17 ft 1 inch to the west side, then 21 ft from the east side where a 50 ft shoreline setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, April 17, 2024. 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. 20-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 1711 Day of April 2024 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 23-2024 (Lot 1) Project Applicant: Seeley Machine, Inc. (Lot 1) Project Location: 75 Big Boom Road Parcel History: AV 24-2024; SP 18-2024; SUB 3-2024; SUB 4-2024; SP 67-2014; SP 65-2005 SEQR Type: Type II Meeting Date: April 17, 2024 Description of Proposed Project: Applicant proposes a two -lot subdivision of a 7.25 acre parcel. Lot 1 parcel is to be 3.04 ac and will contain the existing 21,300 sq ft building portion noted as Seeley Machine LLC; Lot 2 is to be 4.21 ac parcel and contains the 15,000 sq ft warehouse building with an existing tenant and storage. The proposed lot line will separate the two buildings between the shared covered dock loading space. There are no changes proposed to the site. Site plan review for site work completed in 2019. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for a two -lot subdivision. The project site is to be on a 3.04 ac parcel in the Commercial Light Industrial zone. Section 179-3-040, Chapter 183 The relief requested is for a zero setback for the covered loading dock between the buildings where 30 ft setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. 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 appear limited due to the location of the existing buildings. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The relief for the entryway boundary line to the existing covered loading dock of 30 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 impacts on 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 a two -lot subdivision creating lot 1 of 3.04 ac and to maintain the existing building of 21,303 sf. There are no proposed changes to the existing site conditions, exterior storage or parking area. The plans show the location of the existing building and site arrangement. Note — Project review is slightly different due to variance that is created with the proposed subdivision — tentative review process: 1. April 16th Seeley Machine Inc. Subdivision Planning Board Recommendation 2. April 17th Seeley Machine Inc. Area Variances -open public hearing, hear application, tabled application pending subdivision (the subdivision has to be completed to create the area variances) 3. April 23rd Seeley Machine Inc. Subdivision Preliminary Public hearing, SEQR & Final Stage 4. April 24"' Seeley Machine Inc. Area Variances decision 5. April 25th Seeley Machine Inc. Site Plans decision 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 'T'rnvn of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Seeley Machine Inc. (Lot 1) File Number: AV 23-2024 Location: Tax Map Number: ZBA Meeting Date: 75 Big Boom Rd. 309.18-1-1 April 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Seeley Machine Inc. Applicant proposes a two -lot subdivision of a 7.25 acre parcel. Lot 1 parcel is to be 3.04 ac and will contain the existing 21,300 sq ft building portion noted as Seeley Machine LLC; Lot 2 is to be 4.21 ac parcel and contains the 15,000 sq ft warehouse building with'an existing tenant and storage. The proposed lot line will separate the two buildings between the shared covered dock loading space. There are no changes proposed to the site. Site plan review for site work completed in 2019. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for a two -lot subdivision. The project site is to be on a 3.04 ac parcel in the Commercial Light Industrial zone. Section 179-3-040, Chapter 183 The relief requested is for a zero setback for the covered loading dock between the buildings where 30 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, April 17, 2024. 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 (qpproval) / 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. NO. 23-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 17" Day of April 2024 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 24-2024 (Lot 2) Project Applicant: Seeley Machine, Inc. (Lot 2) Project Location: 75 Big Boom Road Parcel History: AV 23-2024; SP 19-2024; SUB 3-2024; SUB 4-2024; SP 67-2014; SP 65-2005 SEQR Type: Type II Meeting Date: April 17, 2024 Description of Proposed Project: Applicant proposes a two -lot subdivision of a 7.25 acre parcel. Lot 2 is to be 4.21 ac parcel and contains the 15,000 sq ft warehouse building with an existing tenant and storage; Lot 1 parcel is to be 3.04 ac and will contain the existing 21,300 sq ft building portion noted as Seeley Machine LLC. The proposed lot line will separate the two buildings between the shared covered dock loading space. There are no proposed changes to the site. Site plan review for site work completed in 2019. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for a two -lot subdivision. The project site is to be on a 4.21 ac parcel in the Commercial Light Industrial zone. Section 179-3-040, Chapter 183 The relief requested is for a zero setback for the covered loading dock between the buildings where 30 ft setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. 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 appear limited due to the location of the existing buildings. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The relief for the entryway boundary line to the existing covered loading dock of 30 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 impacts on 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 a two -lot subdivision creating lot 2 of 4.21 ac and to maintain the existing building of 15,755 sf. There are no proposed changes to the existing site conditions, exterior storage or parking area. The plans show the location of the existing building and site arrangement. Note — Project review is slightly different due to variance that is created with the proposed subdivision — tentative review process: 1. April 16t" Seeley Machine Inc. Subdivision Planning Board Recommendation 2. April 17"' Seeley Machine Inc. Area Variances -open public hearing, hear application, tabled application pending subdivision (the subdivision has to be completed to create the area variances) 3. April 23`d Seeley Machine Inc. Subdivision Preliminary Public hearing, SEQR & Final Stage 4. April 241h Seeley Machine Inc. Area Variances decision 5. April 25"' Seeley Machine Inc. Site Plans decision 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 7rn4n of C'Ziecrt.�6ur} Area Variance Resolution To: Approve / Disapprove Applicant Name: Seeley Machine Inc. (Lot 2) File Number: AV 24-2024 Location: 75 Big Boom Rd. Tax Map Number: 309.18-1-1 ZBA Meeting Date: April 17, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Seeley Machine Inc. Applicant proposes a two -lot subdivision of a 7.25 acre parcel. Lot 2 is to be 4.21 ac parcel and contains the 15,000 sq ft warehouse building with an existing tenant and storage; Lot 1 parcel is to be 3.04 ac and will contain the existing 21,300 sq ft building portion noted as, Seeley Machine LLC. The proposed lot line will separate the two buildings between the shared covered dock loading space. There are no proposed changes to the site. Site plan review for site work completed in 2019. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for a two -lot subdivision. The project site is to be on a 4.21 ac parcel in the Commercial Light Industrial zone. Section 179-3-040, Chapter 183 The relief requested is for a zero setback for the covered loading dock between the buildings where 30 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, April 17, 2024. 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. 24-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 1711 Day of April 2024 by the following vote: AYES NOES