Staff Notes March 18, 2016 ZBA Mtg. Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 11-2015
Project Applicant: Maurice H. Combs
Project Location: 636 Corinth Road
Parcel History: SB 6-2015,UV 71-1996
SEQR Type: Type I—ZBA consented to PB 3/18/2015
Meeting Date: March 16, 2016
Description of Proposed Project:
The applicant proposes a 7 lot subdivision of a 9.24 acre parcel with lots ranging from 1.01 ac to 1.45 ac. The
project proposes 1,080 ft. cul-de-sac town road (1.18 ac)that has a single access on Corinth Road.
Relief Required:
Parcel will require area variances as follows: Relief requested from minimum lot size requirements for the MDR district.
Section 179-3-040 establishment of districts Moderate Density Residential lot size requirements.
Lot size-MDR
Required 2.0 acres
Proposed 1.45, 1.18, 1.21, 1.14, 1.04, 1.01, 1.02
Relief .55, .82, .79, .86, .96, .99, .98
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. The lots border the Bedford Close housing with lots ranging from less
than 0.5 ac and not more than 2.0 ac for some lots.
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 available to reduce the
number of lots so lots can be a more compliant size. The applicant has indicated the number of lots due to
the surrounding areas of Bedford Close and Hudson Pointe.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. The requested relief varies from almost acre to a half an acre. The project site at 9.24
ac reduced by 1.18 ac of roadway leaves 8.06 ac for a total of 4 parcels in the MDR zone —for 2 ac
requirement. The applicant has indicated the water district extension was granted so each lot will be
connected to municipal water.
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 to no adverse
effects or impact on the physical or environmental impacts. The plans included clearing areas, rain gardens
on each parcel, and drywells for the proposed town road.
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
Staff comments:
The applicant proposes a 7 lot subdivision with a proposed town road on Corinth Road. The applicant is
requesting relief to create lots less than 2 acres. The zoning code requires lots in this zone to be a minimum of 2
acres if not connected to town sewer and water. The parcels are proposed to be connected to the Town water
system and will have on-site septic systems. The plans show the proposed arrangement of each parcel in the
subdivision. The applicant has received approval for a water district extension associated with the proposed
project.
Zoning r els
Community Development Department Staff Notes
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RESOLUTION APPROVING EX'T'ENSION NO. 51 TO
QUEENSBURY CONSOLIDATED WATER DISTRICT
TO SERVE MA CE COMBS SUBDIVISION
RESOLUTION NO. 52,2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District to serve the proposed Maurice Combs Subdivision (Subdivision) on 636 Corinth
Road in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by Hutchins
Engineering concerning the proposed Water District Extension No. 51 to connect the Subdivision
to the existing Queensbury Consolidated Water District water main along the north side of
Corinth Road as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office
and made available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water
District Extension No. 51, a general plan of the proposed system, a report of the proposed method
of operation, the source of water supply and mode of constructing the proposed water district
extension improvements, and
WHEREAS, the Queensbury Planning Board, as the Lead Agency, performed the State
Environmental Quality Review Act (SEQRA) review for the Subdivision, which included the
proposed Water District Extension No. 51, and determined that the project would not have a
significant effect on the environment and issued a Negative Declaration, and
WHEREAS, the estimated annual cost to the "typical property" was filed with the Town
Clerk and made a part of the Map,Plan and Report, and
WHEREAS, on January 11 th, 2016, subsequent to the filing of the Map, Plan and Report
with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a)
the boundaries of the proposed Water District Extension No. 51; (b) the proposed improvements;
(c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of
hook-up fees (if any) and the cost of the proposed Water District Extension No. 51 to the typical
property and the typical one or two family home (if not the typical property); (e) the proposed
method of financing to be employed; (f) the fact that a Map, Plan and Report describing the
improvements is on file in the Town Clerk's Office; and (g)the time and place of a public hearing
on the proposed Water District Extension No. 51, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were
filed with the Office of the State Comptroller, all as required by law, and
WHEREAS,prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees (if any) and the cost of the proposed Water District Extension
No. 51 to the typical property and typical one or two family home (if not the typical property) were
computed was filed with the Town Clerk for public inspection, and
WHEREAS, a public hearing on the proposed Water District Extension No. 51 was duly
held on Monday, January 25th, 2016 and the Town Board has considered the evidence given
together with other information,and
WHEREAS, the Town Board wishes to establish the proposed Water District Extension
No. 51 as detailed in the Map,Plan and Report in accordance with Town Law Article 12-A,
NOW,THEREFORE,BE IT
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RESOLVED,that the Queensbury Town Board hereby determines that:
1. The Order scheduling the Public Hearing was published and posted as required by
law and is otherwise sufficient;
2. All property and property owners within the proposed Water District Extension No.
51 are benefited thereby;
3. All property and property owners benefited are included within the limits of the
proposed Water District Extension No. 51;
4. It is in the public interest to establish, authorize, and approve the proposed Water
District Extension No. 51 as described in the Map, Plan and Report on file with the
Queensbury Town Clerk with the boundaries and benefited areas of the proposed
Water District Extension No. 51 to be as described in and shown on the map of the
proposed Water District Extension No. 51 attached to the Map, Plan and Report;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Maurice
Combs Subdivision Water District Extension No. 51 in accordance with the boundaries and
descriptions set forth in the Map, Plan and Report, and construction of the improvements may
proceed and service may be provided subject to the following:
1. The obtaining of any necessary permits or approvals from the New York State
Department of Health;
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2. The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
3. The obtaining of any required approval(s) of the New York State Comptroller's
Office;
4. Permissive referendum in the manner provided in New York State Town Law
Article 7; and
5. The adoption of a Final Order by the Queensbury Town Board;
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in accordance with the
provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as
provided therein, and the Town Board authorizes and directs the Queensbury Town Clerk to file, post
and publish such notice of this Resolution as may be required by law and to cause to be prepared and
have available for distribution proper forms for the petition and to distribute a supply to any person
requesting such petition, and if no such petition is filed within 30 days to file a certificate to that effect in
the Office of the County Clerk and with the State Department of Audit and Control.
Duly adopted this 25ffi day of January,2016,by the following vote:
AYES : Mr. Metivier,Mr. Clements, Mr. Irish,Mr.VanNess, Mr. Strough
NOES : None
ABSENT: None
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Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of Queensbury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Maurice H. Combs
File Number: Area Variance No. 11-2015 146 FL
Location: 636 Corinth Road—Ward 4
Tax Map Number: 308.18-1-1
ZBA Meeting Date: Wednesday, March 16, 2016
The Zoning Board of Appeals of the Town of Queensbury has received an application from Maurice H.
Combs. Applicant proposes removal of existing single-family dwelling and development of a 7-lot residential
subdivision with lot sizes ranging from 1.01 acres to 1.45 acres. Relief requested from minimum lot size
requirements for the MDR district. Planning Board: Subdivision review required for subdivision.
SEQR Type I—ZBA consented to PB on March 18, 2015;
A public hearing was advertised and held on: April 22, 2015, August 19, 2015, October 21, 2015,
and March 16, 2016
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. Is 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 by (denial) the resulting detriment to the health, safety and
welfare of the neighborhood or community;
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7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 11-2015, Maurice H. Combs Introduced by , who moved for its adoption, seconded by
Duly adopted this 16th day of March 2016 by the following vote:
AYES:
NOES:
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