Loading...
Staff NotesStaff Notes ZBA May 15, 2024 Administrative Items: Approval of Meeting Minutes for April 17, 2024 & April 24, 2024 Request to Table AV 3-2024 (David Howard Jr) to June 19, 2024 Tabled Items: AV 16-2024 Redbud Development New Business: AV 26-2024 Hilltop Construction / Len Romeo AV 27-2024 1545 State Route 9 LLC AV 28-2024 Kevin &Grace Kelly (12 Serenity) AV 29-2024 Kevin &Grace Kelly (10 Serenity) AV 30-2024 Renee &Tom West Queensbury Zoning Board of Appeals Agenda Meeting: May 15, 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 April 17, 2024 and April 24, 2024 Request to Table AV 3-2024 (David Howard Jr) to June 19, 2024 TABLED ITEMS: Applicant(s) Redbud Development Inc. Area Variance Number AV 16-2024 Owner(s) Lake Parkway Retreat LLC SEQRA Type Type II A ent s Geff Redick Lot Size 0.62 acres Location & Ward 226 Lake Parkway Ward 1 Zoning WR Tax Id No 226.19-1-82 Section 179-3-040; 147 Cross Ref SP 13-2024; AV 72-2005; SP 53-2005 Warren County Planning March 2024 Public Hearing March 20, 2024; March 27, 2024; May 15, 2024 Adirondack Park Agency ALD Project Description: (Revised) Applicant proposes to construct a 438 sq ft pavilion addition to an existing home and maintain the 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. NEW BUSINESS: Applicant(s) Hilltop Construction / Len Romeo Area Variance Number AV 26-2024 Owner(s) Romeo Family Dynasty Trust SEQRA Type Type II Agent(s) Environmental Design Partnership Lot Size 0.3 acres Location & Ward 282 Cleverdale Rd. Ward 1 Zoning WR Tax Id No 226.16-1-40 Section 179-3-040 Cross Ref SP 21-2024; AV 6-2018; SP 5-2018 Warren County Planning May 2024 Public Hearing May 15, 2024 Adirondack Park Agency ALD Project Description: Applicant proposes to demolish existing house and detached garage to construct a new home with a footprint of 1,990 sq ft and detached garage footprint of 400 sq ft. The new floor area is to be 3,725 sq ft including the garage. Project work includes permeable paver driveway, walkways, and new stormwater management. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks and floor area. Applicant(s) 1545 State Route 9 LLC Area Variance Number AV 27-2024 Owner(s) 1545 State Route 9 LLC (Chad Nims) SEQRA Type Type II Agent(s) Van Dusen & Steves Matt Webster Lot Size 4.69 acres Location & Ward 1545 State Route 9 Ward 1 Zoning Cl Tax Id No 288.8-1-5.1 Section 179-3-040 & Chapter 183 Cross Ref SUB 4-2024; SUB 5-2024; AV 75-2003; SP 6- 92; SP 53-91 Warren County Planning May 2024 Public Hearing May 15, 2024 Adirondack Park Agency n/a Project Description: Applicant proposes a two -lot subdivision of a 4.69 acre parcel. Lot 1 is to be 0.94 ac and has a preexisting boat storage building of 8,020.8 sq ft footprint; Lot 2 is to be 3.75 ac and maintain the existing motel complex multiple buildings footprint 36,605.7 sq ft. There are no changes to the existing buildings or operations. Relief requested for lot size, setback, road frontage, and lot width. Queensbury Zoning Board of Appeals Agenda Meeting: May 15, 2024 Time: 7:00- 1 1:00 pm Queensbury Activities Center - 742 Bay Road Agenda subject to change and maybe found at: www.queensbury.net Applicant(s) Kevin & Grace Kelly Area Variance Number AV 28-2024 Owner(s) John E. Kelly III & Helen -Jo R. Kelly SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 0.39 acres Location & Ward 12 Serenity Lane Ward 1 Zoning WR Tax Id No 226.19-3-3 Section 179-3-045; 179-4-050; 179-4-090 Cross Ref SP 25-2024 Warren County Planning May 2024 Public Hearing May 15, 2024 Adirondack Park Agency ALD Project Description: Applicant proposes to relocate an existing 750 sq ft cabin and to construct a new walkout basement of 750 sq ft under it with 1,500 sq ft floor area. Site work includes a new septic system, grading, and stormwater management. Site plan for new floor area in a CEA and new hard surfacing within 50 ft of shoreline. Relief requested for physical access to and from the lot to a public road, required to provide two parking spaces. Applicant(s) Kevin & Grace Kelly Area Variance Number AV 29-2024 Owner(s) John E. Kelly III & Helen -Jo R. Kelly SEQRA Type Type II Agent(s) Hutchins En ineering PLLC Lot Size 0.43 ac & 0.44 ac Location & Ward 10 Serenity Lane Ward 1 Zoning WR Tax Id No 226.19-3-1 & 226.19-3-2 Section 179-3-045; 179-4-050 Cross Ref SP 26-2024 Warren County Planning May 2024 Public Hearing May 15, 2024 Adirondack Park Agency ALD Project Description: Applicant proposes to demo the existing 945 sq ft cabin to construct a new 1,725 sq ft footprint home with 275 sq ft porch or deck area, and a floor area of 4,165 sq ft. Site work includes a new septic system, stormwater management, and landscaping. The driveway begins on the existing parcel and continues to the adjoining vacant parcel, then ends with the driveway on the parcel with the new home. Site plan for new floor area in a CEA and new hard surfacing within 50 ft of shoreline. Relief requested for direct physical access. Applicant(s) Renee & Tom West Area Variance Number AV 30-2024 Owner(s) Renee & Tom West SEQRA Type Type II Agent(s) Environmental Design Partnership Lot Size 1.22 acres Location & Ward 79 Knox Rd. Ward 1 Zoning WR Tax Id No 239.7-1-16 Section 179-5-020 Cross Ref AV 33-2023; AV 53-2022; SP 70-2022; FWW 14-2022 Warren County Planning May 2024 Public Hearing May 15, 2024 Adirondack Park Agency ALD Proiect Description: Applicant proposes a detached garage location and design where the footprint is to be 1,066 sq ft and the floor area is to be 2,045.6 sq ft (previous approval was for a 1,050 sq ft footprint and 1,950 sq ft floor area). The garage location will be 40 ft from the front property line, then 180 ft from the lake. The project also modifies the main house configuration for a home with a footprint of 3,388 sq ft (previous approval of 3,190 sq ft). Site work proposed includes a reduction in hard surfacing. Relief requested for setback to wetland and height. 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\May 15, 2024\ZBA Final Agenda May 15, 2024.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 16-2024 Project Applicant: Redbud Development, Inc. Project Location: 226 Lake Parkway Parcel History: SP 13-2004; AV 72-2005; SP 53-2005 SEQR Type: Type II Meeting Date: May 15, 2024 Description of Proposed Project: (Revised) Applicant proposes to construct a 438 sq ft pavilion addition to an existing home and maintain the 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. Relief Required: The applicant requests relief for setbacks, floor area, and stormwater management setbacks. The project is located on a 0.62 ac site in the Waterfront residential zone. Section 179-3-040 dimensional 179-6-065 new floor area The applicant proposes a new open side pavilion addition to the existing home to be 13 ft 8 inches from the south side of the home where a 20 ft setback is required. The shoreline setback is to be 36 ft 7 inches where a 50 ft setback is required. The new stormwater management along the retaining wall area is less than 35 ft. The new floor area is to be 9,165 sq ft reduced by 127 sf where the maximum allowed is 5,929 sq ft and existing is 8,740 sq ft (house built in 2005 may not have included basement area in original floor area). Criteria for considering an Area Variance according to Chapter 267 of Town Laws 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 location of the existing home. 3. Whether the requested area variance is substantial. The relief requested may be considered minor relevant to the code. Relief for side setback of the pavilion is 6 ft 4 inches, the shoreline setback is 13 feet 5 inches. Floor area relief 3,236 sf remainder new floor area is for an outdoor pavilion of 438 sf (house built in 2005 may not have included basement area in original floor area). Relief is requested for stormwater device less than 35 ft to the shoreline. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal to no impact on the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The project is for an open side pavilion of 438 sf addition and site alterations to improve the shoreline planting and stormwater management for the site. The plans show the location of the addition and walkway including elevation renditions. The plans also show the extensive planting and site work to improve the shoreline buffer and stormwater management. The applicant has removed the covered walkway to the basement area and has proposed no alterations to the dormers. 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 - F '1nwn ofCZuccnsbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Redbud Development Inc. File Number: AV 16-2024 Location: 226 Lake Parkway Tax Map Number: 226.19-1-82 ZBA Meeting Date: March 20, 2024; March 27, 2024; May 15, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Redbud Development Inc. (Revised) Applicant proposes to construct a 438 sq ft pavilion addition to an existing home and maintain the 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. Relief Required: The applicant requests relief for setbacks, floor area, and stormwater management setbacks. The project is located on a 0.62 ac site in the Waterfront residential zone. Section 179-3-040 dimensional 179-6-065 new floor area The applicant proposes a new open side pavilion addition to the existing home to be 13 ft 8 inches from the south side of the home where a 20 ft setback is required. The shoreline setback is to be 36 ft 7 inches where a 50 ft setback is required. The new stormwater management along the retaining wall area is less than 35 ft. The new floor area is to be 9,165 sq ft reduced by 127 sf where the maximum allowed is 5,929 sq ft and existing is 8,740 sq ft (house built in 2005 may not have included basement area in original floor area). SEQR Type II — no further review required; A public hearing was advertised and held on March 20, 2024, March 27, 2024, & May 15, 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 (gpproval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 16-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 15th Day of May 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 26-2024 Project Applicant: Hilltop Construction/Len Romeo Project Location: 282 Cleverdale Road Parcel History: SP 21-2004; AV 6-2018; SP 5-2018 SEQR Type: Type II Meeting Date: May 15, 2024 Description of Proposed Project: Applicant proposes to demolish existing house and detached garage to construct a new home with a footprint of 1,990 sq ft and detached garage footprint of 400 sq ft. The new floor area is to be 3,725 sq ft including the garage. Project work includes permeable paver driveway, walkways, and new stormwater management. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks and floor area. Relief Required: The applicant requests relief for setbacks and floor area for the construction of a new home. The project is on a 13,158 sq ft parcel located in the Waterfront residential zone. Section 179-3-040 dimensional The new home is proposed to be 13 ft from the side yard setback on the north side and 12 ft on the south side where a 20 ft setback is required. The garage is to be 5 ft from the south property side setback where a 20 ft setback is required, the garage is to be 10 ft from the front setback where a 30 ft setback is required. The floor area ratio is to be 28.30% where 22% is the maximum allowed. Permeability is increasing from 70% to 70.91%; a variance is not required for permeability. 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 possible to reduce the size of the home to be more compliant. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The proposed home North side setback relief is 7 ft, South side is 8 ft. The floor area relief is 8.30% in excess than allowed. The relief for the garage South side setback is 15 ft and the front setback is 20 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes the construction of a new single-family home with associated site work. The plans show the elevations view of each side and the floor plans for the house and garage. The plans show the location of the new home, existing septic system and well. Site work includes new plantings for the shoreline 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 'Ibl' n of C-ueensbuly Area Variance Resolution To: Approve / Disapprove Applicant Name: Hilltop Construction / Len Romeo File Number: AV 26-2024 Location: 282 Cleverdale Road Tax Map Number: 226.16-1-40 ZBA Meeting Date: May 15, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Hilltop Construction / Len Romeo. Applicant proposes to demolish existing house and detached garage to construct a new home with a footprint of 1,990 sq ft and detached garage footprint of 400 sq ft. The new floor area is to be 3,725 sq ft including the garage. Project work includes permeable paver driveway, walkways, and new stormwater management. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks and floor area. Relief Required: The applicant requests relief for setbacks and floor area for the construction of a new home. The project is on a 13,158 sq ft parcel located in the Waterfront residential zone. Section 179-3-040 dimensional The new home is proposed to be 13 ft from the side yard setback on the north side and 12 ft on the south side where a 20 ft setback is required. The garage is to be 5 ft from the south property side setback where a 20 ft setback is required, the garage is. to be 10 ft from the front setback where a 30 ft setback is required. The floor area ratio is to be 28.30% where 22% is the maximum allowed. Permeability is increasing from 70% to 70.91%; a variance is not required for permeability. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 15, 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.26-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 15th Day of May 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 27-2024 Project Applicant: 1545 State Route 9, LLC. Project Location: 1545 State Route 9 Parcel History: SUB 4-2024; SUB 5-2024; AV 75-2003; SP 6-92; SP 53-91 SEQR Type: Type II Meeting Date: May 15, 2024 Description of Proposed Project: Applicant proposes a two -lot subdivision of a 4.69 acre parcel. Lot 1 is to be 0.94 ac and has a preexisting boat storage building of 8,020.8 sq ft footprint; Lot 2 is to be 3.75 ac and maintain the existing motel complex multiple buildings footprint 36,605.7 sq ft. There are no changes to the existing buildings or operations. Relief requested for lot size, setback, road frontage, and lot width. Relief Required: The applicant requests relief for lot size, setback, road frontage, and lot width for a two -lot subdivision. The project site is located on a 4.69 ac parcel in the Commercial Intensive zone. Section 179-3-040 dimensions and Chapter 183 Subdivision The proposed subdivision for Lot 1 is to be a lot size of 0.94 ac where 1 ac is required. The existing boat storage of 8,020.8 sf is to be 19 ft from the side property line where 20 ft is required. Road frontage for Lot 1 is proposed to be 29.69 ft where 50 ft is required. Lot width average is proposed to be 79.55 ft where 150 ft is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to the location of the existing buildings on each parcel that are to remain with no changes. 3. Whether the requested area variance is substantial. The relief may be considered minor where lot 1 relief for size is 0.06 ac, 1 ft of relief for setback for the boat storage building, road frontage for lot 120.31 ft, and lot width 70.45 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The project is for a two -lot subdivision where the existing boat storage building will be on one lot and the motel buildings are to be on another lot. There are no changes to the buildings. Zoning Board of Appeals — Record of Resolution f Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7btvn of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: 1545 State Route 9 LLC File Number: AV 27-2024 Location: 1545 State Route 9 ' Tax Map Number: 288.84-5.1 ZBA Meeting Date: May 15, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from 1545 State Route 9 LLC. Applicant proposes a two -lot subdivision of a 4.69 acre parcel. Lot 1 is to be 0.94 ac and has a preexisting boat storage building of 8,020.8 sq ft footprint; Lot 2 is to be 3.75 ac and maintain the existing motel complex multiple buildings footprint 36,605.7 sq ft. There are no changes to the existing buildings or operations. Relief requested for lot size, setback, road frontage, and lot width. Relief Required: The applicant requests relief for lot size, setback, road frontage, and lot width for a two -lot subdivision. The project site is located on a 4.69 ac parcel in the Commercial Intensive zone. Section 179-3-040 dimensions and Chapter 183 Subdivision The proposed subdivision for Lot 1 is to be a lot size of 0.94 ac where 1 ac is required. The existing boat storage of 8,020.8 sf is to be 19 ft from the side property line where 20 ft is required. Road frontage for Lot 1 is proposed to be 29.69 ft where 50 ft is required. Lot width average is proposed to be 79.55 ft where 150 ft is required. SEQR Type II - no further review required; A public hearing was advertised and held on Wednesday, May 15, 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 / DEN NO. 27-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 15th Day of May 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 28-2024 Project Applicant: Kevin & Grace Kelly Project Location: Parcel History: SEQR Type: Meeting Date: 12 Serenity Lane SP 25-2024 Type II May 15, 2024 Description of Proposed Project: Applicant proposes to relocate an existing 750 sq ft cabin and to construct a new walkout basement of 750 sq ft under it with 1,500 sq ft floor area. Site work includes a new septic system, grading, and stormwater management. Site plan for new floor area in a CEA and new hard surfacing within 50 ft of shoreline. Relief requested for physical access to and from the lot to a public road, required to provide two parking spaces. Relief Required: The applicant requests relief for physical access to and from the lot to a public road, required to provide two parking spaces for the construction of a new single-family home. The project is on a 0.39 ac in the Waterfront Residential. Section 179-3-040 dimensional, 179-4-050 frontage The cabin parcel does not provide a direct access to Bay Parkway or Serenity Lane where relief is sought for lot access. In addition, the cabin parcel does not provide parking spaces for residential use where two parking spaces are required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. The project may be considered to have little to no impact on the neighboring properties. 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 provide the parcel with direct access and include two parking spaces. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief is requested for direct access to the site and lack of parking onsite. 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 site is to be developed with no driveway area for access or parking. The applicant has indicated the adjoining lot at 10 Serenity Lane will be utilized for access. The plans show the location of the new home and the elevation view. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7aF4•n of C�ucensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Kevin & Grace Kelly File Number: AV 28-2024 Location: 12 Serenity Lane Tax Map Number: 226.19-3-3 ZBA Meeting Date: May 15, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Kevin & Grace Kelly. Applicant proposes to relocate an existing 750 sq ft cabin and to construct a new walkout basement of 750 sq ft under it with 1,500 sq ft floor area. Site work includes a new septic system, grading, and stormwater management. Site plan for new floor area in a CEA and new hard surfacing within 50 ft of shoreline. Relief requested for physical access to and from the lot to a public road, required to provide two parking spaces. Relief Required: The applicant requests relief for physical access to and from the lot to a public road, required to provide two parking spaces for the construction of a new single-family home. The project is on a 0.39 ac in the Waterfront Residential. Section 179-3-040 dimensional, 179-4-050 frontage The cabin parcel does not provide a direct access to Bay Parkway or Serenity Lane where relief is sought for lot access. In addition, the cabin parcel does not provide parking spaces for residential use where two parking spaces. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 15, 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. 28-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 15th Day of May 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 29-2024 Project Applicant: Kevin & Grace Kelly Project Location: Parcel History: SEQR Type: Meeting Date: 10 Serenity Lane SP 26-2024 Type II May 15, 2024 Description of Proposed Project: Applicant proposes to demo the existing 945 sq ft cabin to construct a new 1,725 sq ft footprint home with 275 sq ft porch or deck area, and a floor area of 4,165 sq ft. Site work includes a new septic system, stormwater management, and landscaping. The driveway begins on the existing parcel and continues to the adjoining vacant parcel, then ends with the driveway on the parcel with the new home. Site plan for new floor area in a CEA and new hard surfacing within 50 ft of shoreline. Relief requested for direct physical access. Relief Required: The applicant requests relief for direct physical access for the construction of a new single-family home. The project is located on a 0.44 ac parcel in the Waterfront Residential zone. Section 179-3-040 dimensional, 179-4-050 frontage The parcel for the new home has a driveway that accesses Bay Parkway then the driveway is noted to be on the north parcel 226.19-3-1 then returns to the parcel with the proposed new home; relief is sought for lot access as it is not direct. 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 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 possible to provide direct access. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. The relief is for not providing direct access. 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 project is for the construction of a new single-family home and associated site work. The plans show the location of the existing and new home. The plans include floor plans and elevations. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7bwn of CtueensM� Area Variance Resolution To: Approve / Disapprove Applicant Name: Kevin & Grace Kelly File Number: AV 29-2024 Location: 10 Serenity Lane Tax Map Number: 226.19-3-1 & 226.19-3-2 ZBA Meeting Date: May 15, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Kevin & Grace Kelly. Applicant proposes to demo the existing 945 sq ft cabin to construct a new 1,725 sq ft footprint home with 275 sq ft porch or deck area, and a floor area of 4,165 sq ft. Site work includes a new septic system, stormwater management, and landscaping. The driveway begins on the existing parcel and continues to the adjoining vacant parcel, then ends with the driveway on the parcel with the new home. Site plan for new floor area in a CEA and new hard surfacing within 50 ft of shoreline. Relief requested for direct physical access. Relief Required: The applicant requests relief for direct physical access for the construction of a new single-family home. The project is located on a 0.44 ac parcel in the Waterfront Residential zone. Section 179-3-040 dimensional. 179-4-050 frontage The parcel for the new home has a driveway that accesses Bay Parkway then the driveway is noted to be on the north parcel 226.19-3-1 then returns to the parcel with the proposed new home; relief is sought for lot access as it is not direct. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 15, 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.29-2024, Introduced by , who moved for its adoption, seconded by Duly adopted this 15th Day of May 2024 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 30-2024 Project Applicant: Renee & Tom West Project Location: 79 Knox Road Parcel History: AV 33-2023; AV 53-2022; SP 70-2022; FWW 14-2022 SEQR Type: Type II Meeting Date: May 15, 2024 Description of Proposed Project: Applicant proposes a detached garage location and design where the footprint is to be 1,066 sq ft and the floor area is to be 2,045.6 sq ft (previous approval was for a 1,050 sq ft footprint and 1,950 sq ft floor area). The garage location will be 40 ft from the front property line, then 180 ft from the lake. The project also modifies the main house configuration for a home with a footprint of 3,388 sq ft (previous approval of 3,190 sq ft). Site work proposed includes a reduction in hard surfacing. Relief requested for setback to wetlands and height. Relief Required: The applicant requests relief for setback to wetlands and height for the construction of garage with living space upstairs with no kitchen facilities. Section 179-3-040 dimensional, Section 179-5-020 garage The garage location will be 40 ft from the front property line versus 39 ft and then 42 ft from the wetland which was approved in 2023 where a 50 ft setback is required, then 180 ft from the lake (5 ft closer than 2023 approval). The garage with living space is to be 27 ft 11 %2 inches in height where garage is limited to 16 ft in height. Previous garage design was granted height relief in the 2022 for the same height as proposed in the 2024 variance the new design triggers the height variance at this time. 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 garage and meet the required setback. 3. Whether the requested area variance is substantial. The request for relief may be considered minimal moderate relevant to the code. The relief for height would be 11 ft 11.5 inches greater than 16 ft. The setback relief is 8 ft to the wetland. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to demolish an existing home to construct a new home and new garage. The home was previously approved in 2022. The garage was approved in 2022 then in 2023 due to shifting the location. The 2024 proposal has a new design and the location has shifted. The garage maintains the same height of 27 ft. 11.5 inches on a parcel of 1.22 acres. The project does not alter the proposed new septic system, stormwater controls, permeable driveway areas and landscaping. 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 Dim of Oycensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Renee & Tom West File Number: AV 30-2024 Location: 79 Knox Road Tax Map Number: 239.7-1-16 ZBA Meeting Date: May 15, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Renee & Tom West. Applicant proposes a detached garage location and design where the footprint is to be 1,066 sq ft and the floor area is to be 2,045.6 sq ft (previous approval was fora 1,050 sq ft footprint and 1,950 sq ft floor area). The garage location will be 40 ft from the front property line, then 180 ft from the lake. The project also modifies the main house configuration for a home with a footprint of 3,388 sq ft (previous approval of 3,190 sq ft). Site work proposed includes a reduction in hard surfacing. Relief requested for setback to wetlands and height. Relief Required: The applicant requests relief for setback to wetlands and height for the construction of garage with living space upstairs with no kitchen facilities. Section 179-3-040 dimensional, Section 179-5-020 garage The garage location will be 40 ft from the front property line versus 39 ft and then 42 ft from the wetland which was approved in 2023 where a 50 ft setback is required, then 180 ft from the lake (5 ft closer than 2023 approval). The garage with living space is to be 27 ft 11 %2 inches in height where garage is limited to 16 ft in height. Previous garage design was granted height relief in the 2022 for the same height as proposed in the 2024 variance the new design triggers the height variance at this time. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 15, 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. 30-2024, Introduced by , who moved for its adoption,seconded by Duly adopted this 15th Day of May 2024 by the following vote: AYES: NOES: