Staff Notes May 18 2016 minus ZBA Draft Res. Staff Notes
Zoning Board of Appeals
Meeting: Wed ., May 18, 2016
t
Queensbury Znin r f Appeals Agenda
Meeting: Wednesday, May 18, 2016 Time: 7:00- 11:00 pm
Queensbury Activities Center-742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Approval of meeting minutes: April 20,2017 and April 27,2016
Old Business:
Applicant(s) Maurice Combs Area Variance No 11-2015
Owner(s) Maurice Combs SEQRA Type I—ZBA consented to PB
3/18/2015
Agent(s) Hutchins Engineering/ McPhillips,Fitzgerald&Cullum Lot Size 9.09 Acre(s)
Location 636 Corinth Road-Ward 4 Zoning MDR
Ward No.
Tax Id No 308.18-1-1 Section 179-3-040
Cross Ref SB 6-2015;UV 71-1996 Warren County Planning March 2015
Public Hearing April 22,2015;August 19,2015;October 21,2015 Tabled Adirondack Park Agency n/a
to March 16,2016;May 18,2016
Proiect Description 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.
Applicant(s) Burnett Family Trust Area Variance No 51-2015
Owners Burnett Family Trust&Estate David Burnett SEQRA Type II
Agent(s) Deborah Slezak Lot Size 1.32 Acre(s)
Cioffi,Slezak and Wildgrube,P.C.
Location 11 Andrew Drive—Ward 1 Zoning WR
Ward No.
Tax Id No 239.18-1-12 Section 179-4-050;
179-3-040
Cross Ref SB 8-2015;BP 2004-677 Dock Warren County Planning September 2015
Public Hearing September 16,2015,November 18,2015 Tabled to Jan. Adirondack Park Agency ALD
20,2016;March 16,2016;May 18,2016
Proiect Description Applicant proposes a 2-lot subdivision;lot size 28,639 sq.ft.Lot A and 28,754 sq.ft.Lot B;no changes to existing homes or
features,driveway. Relief requested from minimum road frontage,water frontage, lot width requirements,and lot A for not having physical road
frontage. Also,relief is requested from minimum lot size,property line setbacks for the WR zoning district. Subdivision approval is required for the
creation of two lots from the one parent lot.
Applicant(s) Russell Faden/Faden Enterprises Area Variance No PZ-0071-2016
Owners Robert Goodwin SEQRA Type II
Agent(s) Lansing Engineering,PC Lot Size 0.24;0.42;0.46 Acre(s)
Location 75-79 Main Street-Ward 4 Zoning MS
Ward No.
Tax Id No 309.10-1-47,48,49 Section 179-3-040; 179-7-030;179-7-
070; 179-10-040
Cross Ref SP PZ-0073-2016;SV PZ-0072-2016; Warren County Planning February 2016
SUP PZ-0068-2016
Public Hearing March 16,2014 Tabled to May 18,2016 Adirondack Park Agency n/a
Project Description Applicant proposes demolition of three main buildings,shed and some site grading to construct three new buildings in three
phases. Project revised:First phase a portion of an 8,200 sq ft building to be 4,300+/-sq.ft.with parking from Main St.to Pine St. Project includes
merging parcels creating two parcels. First Building for food service and retail. Second/Third phase to be remainder of first building 4,200+/-sq.ft.,
then Second/Third phase is a two-story building 2,700 sq ft foot print(5400 sq ft floor area)with a drive through(500 sq ft+/-). Relief requested;
Bld .2 requires relief from minimum setback requirements(Pine Street side)and drive-thru window greater than 500 ft from I-87.
Pagel of 3
ON
Queensbury Zoningr e Is Agenda
Meeting: Wednesday, May 18,2016 Time: 7:00- 11:00 pm
Queensbury Activities Center-742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Applicant(s) Russell Faden/Faden Enterprises Sign Variance No PZ-0072-2016
Owner(s) Robert Goodwin SEQRA Type Unlisted-Coordinate with
Planning Board
Agent(s) Lansing Engineering,PC Lot Size 0.24;0.42;0.46 Acre(s)
Location 75-79 Main Street-Ward 4 Zoning MS
Ward No.
Tax Id No 309.10-1-47,48,49 Section Chapter 140
Cross Ref AV PZ-0071-2016;SP PZ-0073-2016; Warren County Planning February 2016
SUP PZ-0068-2016
Public Hearing March 16,2016 Tabled to May 18,2016 Adirondack Park Agency n/a
Proiect Description Applicant proposes construction of a 45 sq.ft.freestanding sign(Subway and future tenant names)with a 5 ft.front setback on
Main Street. Relief requested from sign setback restrictions for the Main Street zoning district.
Applicant(s) Big Bay Lodging,LLC Area Variance No PZ-0074-2016
Owner(s) Frank J.Parillo SEQRA Type Unlisted-Coordinate with
Planning Board
Agent(s) Bohler Engineering MA,LLC Lot Size based on 2.3 acres of 6.7 acres
Acre(s)
Location Big Bay Road,southeast of the intersection of Corinth Zoning CI-18
Ward No. Road-Ward 4
Tax Id No 309.13-2-2,3,4,5,6,7,8,&9 Section 179-3-040
Cross Ref SP PZ-0054-2016;BP 2012-240 Com'l Bldg(Taco Bell Warren County Planning February 2016
site)
Public Hearing March 16,2016 Tabled to May 18,2016 1 Adirondack Park Age cn/a
Proiect Description Applicant proposes construction of a 15,095 sq.ft.footprint;60,380 sq.ft.foor area,89-room,4-story hotel(66 ft.)(Hilton
Home2)and associated sitework. Relief requested from minimum road frontage requirements. Planning Board Site Plan Review and Special Use
Permit required for commercial development of a hotel in a Cl zone.
New Business:
Applicant(s) Frank&Kathi Miller Area Variance No PZ-0067-2016
Owners Frank&Kathi Miller SEQRA Type It
Agent(s) Ethan P.Hall-Rucinski Hall Architecture Lot Size 0.31 Acre(s)
Location 22 Nacy Road-west shore of Glen Lake-Ward 1 Zoning WR
Ward No.
Tax Id No 289.6-1-35 Section 179-3-040
Cross Ref SP PZ 127-2016;BP 2014-204 Dock Warren County Planning n/a
Public Hearing I May 18,2016 Adirondack Park Agency n/a
Proiect Description Applicant proposes demolition of existing structures and construction of a(2,604 sq.ft.footprint);(3,925 sq.ft.floor area)
single-family dwelling.Project includes installation of new septic system and well. Relief requested from minimum sideline and shoreline setback
requirements,maximum Floor Area Ratio,and the minimum permeability requirements to the WR zoning district. Site Plan: project within 50 ft.,
15%slope.
Applicant(s) AnthonyM.Muscatello Area Variance No PZ-135-2016
Owners AnthonyM.Muscatello SEQRA Type II
Agent(s) Hutchins Engineering Lot Size 7.89 Acre(s)
Location 91 Mannis Road-Ward 1 Zoning RR-3A
Ward No.
Tax Id No 289.18-1-30 Section 179-5-020
Cross Ref SP PZ-0128-2016;BP 87-781 Alterations Warren County Planning n/a
Public Hearing May 18,2016 Adirondack Park Agency n/a
Proiect Description Applicant proposes construction of a 936 sq.ft.detached garage with 2 bays and workshop area. Existing home with attached
garage to remain. Site Plan: construction within 50 ft.; 15%slope
Page 2 of 3
ueensbury Zoning Boardf Appeals Agenda
Meeting: Wednesday, May 18, 2016 Time: 7:00- 11:00 pm
Queensbury Activities Center-742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Applicant(s) Great Meadow Federal Credit Union Area Variance No PZ-0139-2016
Owners K-Twin Holdings SEQRA Type II
Agent(s) Ethan Hall Lot Size Acre(s)
Location Meadowbrook Road—north side of Quaker Road,west Zoning Cl
Ward No. side of Meadowbrook Road—Ward 2
Tax Id No 296.20-1-10 Section 179-3-040
Cross Ref SP PZ 0131-2016;FWW 0132-2016; Warren County Planning May 2016
AV 5-2008;SP 7-2008
Public Hearing May 18,2016 Adirondack Park Agency n/a
Proiect Description Applicant proposes construction of a 1,915 sq.ft.new commercial building for a branch office/credit union and associated site
work. Building to also have a 24 ft.by 24 ft.upstairs office area. Relief rquested from front and/or shoreline(wetland)setback requirements for the
Cl zoning district. Site Plan: new commercial structure
Applicant(s) Joseph P.Gross Area Variance No PZ-0138-2016
Owners Joseph P.Gross SEQRA Type II
Agent(s) Ethan P.Hall Lot Size 3.43 Acre(s)
Rucinski Hall Architecture
Location 27 Silver Circle—off Big Bay Road—Subdivision of Zoning Current: CLI
Ward No. Frank Kineke- Ward 4 Sub.Approval: LI-lA
Tax Id No 309.17-1-17.2 Section 179-3-040
Cross Ref SP PZ 140-2016;SB 11-2002 Frank Kineke 2-lot Indus. Warren County Planning May 2016
Subd.;BP 2015-272 Com'1 Bldg.;BP 2014-538 Com'l
Heated Bldg.;BP 2009-044 Com'1 unheated storage bldg.;
BP 2004-783 New Office Bldg.;BP 2004-365 storage
Idg.
Public Hearing May 18,2016 Adirondack Park Agency n/a
Project Description Applicant proposes construction of a two-story 5,040 sq.ft.(2,520 sq.ft.footprint)addition to the existing 69,095 sq.ft.Gross
Electric Office building. The existing buildings and site are to remain with no changes. Relief requested from minimum setback requirements for
the CLI zoning district. Site Plan: new construction to an already approved site plan.
Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals.
Revised: 05.04.2016 sh(correction of Agent for Burnett Family)
Revised: 05.03.2016 LM/sh
Final ZBA Agenda: 05.02.2016 LM/sh
Page 3 of 3
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 11-2015
Project Applicant: Maurice Combs
Project Location: 636 Corinth Road
Parcel History: SB 6-2015,UV 71-1996
SEQR Type: Type I
Meeting Date: May 18,2016 Previous meeting dates-April 22,2015; August 19,2015;
October 21,2015 Tabled to March 16,2016; May 18,2016
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 rAppeals
Community Development Department Staff Notes
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 51-2015
Project Applicant: Burnett Family Trust
Project Location: 11 Andrew Drive
Parcel History: SB 8-2015; BP 2004-677 Dock
SEAR Type: Type II
Meeting Date: May 18, 2016
Description of Proposed Project:
Applicant proposes a 2-lot subdivision; lot size 28,661 sq. ft. Lot A and 28,730 sq. ft. Lot B. Relief requested
from minimum road frontage, water frontage, and lot width requirements. Also, relief is requested from
minimum lot size,property line setbacks for the WR zoning district. Subdivision approval is required for the
creation of two lots from the one parent lot.
Applicant has submitted additional project information. The document includes details on the history of the
existing parcel being at one time two parcels, an average acreage of parcels, lake frontage and square footage of
living area near to the project site.
Relief Required:
Relief requested from the following sections of the Zoning Ordinance. 179-3-040 Establishment of Districts —
Waterfront residential, 179-4-050 frontage where Lot A does not have physical access.
Parcel will require area variance as follows:
Road Water frontage Lot width Lot size Lot A Lot B side
frontage side setback
Setbacks
Required 150 ft 150 ft 150 ft 2 ac 20 ft 20 ft
Proposed 87 ft each Lot A 90 ft, 87+/-ft Lot A 28,661 Lot A Lot B patio 2.8
sq. ft(0.66 ac) 5.19 ft, ft, covered
Lot B 90 ft porch 6.2 ft
Lot B 28,730
sq. ft. (0.66 ac)
Relief 63 ft each Lot A 60 ft, 63 +/-ft Lot A 58,459 14.81 ft Patio 17.2 ft,
sq ft(1.34 ac)/ porch 13.8 ft
Lot B 60 ft
Lot B 58,390
sq ft(1.34ac)
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 limited as the intent is to
separate the two buildings onto individual lots
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code.
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 have minimal to
no impact to the neighborhood where it is residential along Lake George.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created
Staff comments:
The applicant requests relief for the subdivision of a parcel with two existing homes where variance relief is
required. The applicant proposes a two lot subdivision of a 1.32 acre parcel located in the waterfront residential
zone. The real property information on the parcel indicates the cottage is on the south property and the cabin is
located on the north parcel. The applicant has submitted additional information about the project site and the
history of the two camps.
Zoning rAppeals
Community Development Department Staff Notes
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: PZ 71-2016
Project Applicant: Russell Faden/Faden Enterprises
Project Location: 75,77& 79 Main Street
Parcel History: AV PZ-0071-2016; SP PZ-0073-2016; SUP PZ-0068-2016
SEQR Type: Unlisted
Meeting Date: May 18, 2016
Description of Proposed Project:
Applicant proposes redevelopment of three parcels that includes lot arrangement reduced to two lots, removal of
existing buildings, and a phased construction of two buildings. First phase a portion of an 8,200 sq ft building to
be 4,300+/- sq. ft. with parking from Main St. to Pine St. First Building for food service and retail.
Second/Third phase to be remainder of first building 4,200 +/- sq. ft., then Second/Third phase is a two-story
building 2,700 sq ft foot print(5400 sq ft floor area)with a drive through(500 sq ft
Relief Required:
PENDING TOWN BOARD DECISION ON MAY 16,2016—changes to the Main Street zoning. The
changes include allowing dirve thru for commercial development that are on corner lots and to allow the
side setback to be no greater than the front setback on Main Street.
The applicant requests the following relief: Relief requested; Bldg.2 require relief from minimum setback
requirements (Pine Street side), and Bldg 2 also requires minimum setback relief for the bank drive-thru for the
Main Street(MS) zoning District.
Section 179-3-040 establishment of districts dimensional requirements,
Building 2 are proposed to be located at 10.65 ft setback from Pine Street where a 20 ft setback is required.
Section 179-7-070 Design Standards Main Street
Drive thru windows are prohibited beyond 500 ft of the Northway where the applicant proposes a bank drive-
thru beyond 500 feet from the Northway-1,600+/- ft relief 1,100 ft+/-
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. The project for Building 2 is
part of the second/third phase of the project where during Phase 1 all buildings on the parcels will be
demolished and the second/third phase building areas would be seeded and grassed. The first building is to
be single story buildings and the second building is to be 2-story. The neighborhood view would be altered
where the three existing buildings are currently are two-story or more.
The applicant's request for a drive-through specific to a bank use would not be considered consistent with
the new Main Street code.
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 project indicates buildings 2 will be located on
one parcel of 0.32 acres with a width 75 ft. There are no doors facing Pine Street only the drive through exit
and two-way access drive for vehicles. The lot width for the proposed lot may be considered limiting
feasible alternatives to location of the buildings as adjustments may reduce parking availability for the
intended uses and site landscaping.
3. Whether the requested area variance is substantial. The relief requested for setbacks and drive-through
may be considered substantial relevant to the code.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The main street zoning indicates the intent is
to promote pedestrian interest and continuity;the street-level shops shall be retail, office,professional office,
gallery,personal service establishment, restaurant or tavern along Main Street. The zone also includes
residential uses above the first and second floor are encouraged throughout the district.
The project as proposed includes some elements of the Main Street items including the outdoor eating area
and front building design but the variance requested would have an impact on the physical neighborhood in
regards to the drive-thru and setbacks based on the code.
5. Whether the alleged difficulty was self created. The project as proposed may be considered self created.
Staff comments:
The applicant proposes to redevelop three properties on Main Street for the phased construction of two
commercial buildings. The variance is associated with proposed Lot 1 where the 2 story building includes a
drive thru. Variance relief is required for the setbacks of the building on Pine Street and the construction of a
drive-thru greater than 500 ft from the Northway.
Zoning r I
Community Development Department Staff Notes
Town of Queensbury
Zoning r I
Community Development Department Staff Notes
Sign Variance No.: PZ 72-2016
Project Applicant: Russell Faden/Faden Enterprises
SEQR Type: Unlisted
Parcel History: AV PZ-0071-2016; SP PZ-0073-2016; SUP PZ-0068-2016
Meeting Date: May 18,2016
Description of Proposed Project:'
Applicant proposes construction of a 45 sq. ft. freestanding sign(Subway and future tenant names) with a
5 ft. front setback on Main Street.
Relief Required:
The applicant requests the following relief. Relief requested from sign setback restrictions for the Main
Street zoning district.
Section 140-6 Signs for which permits are required-setbacks
Applicant propsoes a 45 sqft sign to be located 5 ft from the front property line where a 15 ft setback is
required.
Criteria for considering a Sign 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 sign variance. Moderate
impacts to the neighborhood may be anticipated. The zoning code requires free standing signage to be
a 15 minimum setback from the front property line.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than a sign variance. Feasible alternatives may be possible to consider
to the location as the project is being completed in phases.
3. Whether the requested sign variance is substantial. The relief requested may be considered
substantial relevant to the code.
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 have an
adverse impact on the main street corridor per code that may be mitigated with less signs.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments':
The applicant proposes a 45 sq ft free standing sign to contain the space for multiple tenants. The sign is to be 12
ft in height with the panels 13.25"x 69". The Code identifies the sign to be of durable materials and recommends
type - wood, metal, stone, brick or similar traditional sign materials; a resin or composite materials that give the
appearance of traditional materials may also be used.
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: PZ 74-2016
Project Applicant: Big Bay Lodging,LLC
Project Location: Big Bay Road,SE of intersection with Corinth Road
Parcel History: SP PZ-0054-2016; BP 2012-240 Com'l Bldg(Taco Bell site)
SEQR Type: Type Unlisted
Meeting Date: May 18,2016
Description of Proposed Project:
Applicant proposes construction of a 15,095 sq. ft. footprint; 60,380 sq. ft. foor area, 89-room, 4-story hotel (66 ft.)
(Hilton Home2)and associated sitework.
Relief Required:
The applicant requests the following relief: Relief requested for minimum road frontage requirements.
Section 179-4-050 Frontage on public or private streets.
1. The building is proposed to have zero road frontage on Big Bay Road where 50 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. The neighborhood character
is mixed with commercial and residential uses. The applicant proposes to use the new access drive that runs
from Corinth to Big Bay Rd. The use may be considered in keeping with the neighborhood limiting access.
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 project site development may be considered
limited as the option would be to have the access drive on the hotel property.
3. Whether the requested area variance is substantial. The relief would be considered moderate in relation
to the code.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The Cl zone is an existing area of intense
commercial development. The code indicates the purpose is to provide continued infill of commercial
development for improvement and appearance of the area.
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
Staff comments:
The applicant has completed a variance application for the development of four- story hotel where relief is
requested for physical access. The 2.3 acre parcel is part of a parcel rearrangement of 8 parcels to 3 —lots. Lot
arrangement is to be Lot 1 of 1.29 acres includes the Taco Bell restaurant, a vacant Lot to be 4.40 acres to
include the access easement roadway and separately the hotel lot of 2.3 acres.
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: PZ 67-2016
Project Applicant: Frank& Kathi Miller
Project Location: 22 Nacy Road
Parcel History: SP PZ 127-2016; BP 2014-204 Dock
SEQR Type: Type II
Meeting Date: May 18,2016
Description of Proposed Project:
Applicant proposes demolition of existing structures and construction of a(2,604 sq. ft. footprint); (3,925 sq. ft. floor
area) single-family dwelling.Project includes installation of new septic system and well.
Relief Required:
The applicant requests the following relief: Relief requested from minimum sideline and shoreline setback
requirements, maximum Floor Area Ratio, and the minimum permeability requirements of the WR zoning
district.
Section 179-3-040 establishment of districts dimensional requirements,
The proposed home is to be located 53 ft 7 in from the shoreline where 60 ft 7 in is the required setback; 12 ft 7
in from the north side and 9 ft 9 in where a 20 ft setback is required,permeability is proposed at 64.4 %where
75% is required; and floor area is proposed at 3,925 sq ft(27%) where 3,163 sq ft is maximum allowed (22 %).
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor impacts to the
neighborhood may be anticipated. The applicant proposes removal of two buildings to construct one
building and the building is closer to the shoreline than the two adjacent buildings.
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 for a smaller
building to have be compliant with code requirements.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code.
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 the neighborhood. The applicant proposes a new septic system and well.
5. Whether the alleged difficulty was self created. The difficulty may be considered self created. The
applicant is proposing demolishing and a new build.
Staff comments:
The applicant proposes to demolish an existing home and other buildings on 0.33 ac parcel to construct a 3,925
sq ft—floor area home. The plans show the existing and proposed home location, elevations, and floor plans.
The applicants has indicated a new septic and well are to be installed as part of the project -where the new well
installation disturbance is near the shoreline.
Zoning r Is
Community Development Department Staff Notes
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: PZ 135-2016
Project Applicant: Anthony M.Muscatello
Project Location: 91 Mannis Road
Parcel History: SP PZ-0128-2016; BP 87-781 Alterations
SEAR Type: Type II
Meeting Date: May 18,2016
Description of Proposed Project:"
Applicant proposes construction of a 936 sq. ft. detached garage with 2 bays and workshop area. Existing home with
attached garage to remain.
Relief Required:
The applicant requests the following relief:Applicant proposes construction of a 936 sq. ft. detached garage
with 2 bays and workshop area, second garage. Existing home with attached garage to remain.
Section 179-5-020 accessory structures-garage
A detached garage second garage is proposed, where only one garage is allowed
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 limited due to
the design of the existing home and topography of the parcel.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to have
minimal impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes a 936 sq. ft. detached garage with two bays and a workshop. The existing home with a
702 sq. ft. attached garage is to remain with no changes. The applicant has indicated the existing garage is
configured so it is under the home where an addition would not be feasible. The location of the second garage is
adjacent to the existing driveway area and a portion of the new garage would over existing hard surface area.
The plans indicate the parcel is 7.89 acres and the garage elevations are provided.
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: PZ 139-2016
Project Applicant: Great Meadow Federal Credit Union
Project Location: Meadowbrook Road,NE side of Quaker Road,West side of Meadowbrook
Parcel History: SP PZ 0131-2016; FWW 0132-2016; AV 5-2008; SP 7-2008
SEQR Type: Type II
Meeting Date: May 18, 2016
Description of Proposed Project:
Applicant proposes construction of a 1,915 sq. ft. new commercial building for a branch office/credit union and
associated site work. Building to also have a 24 ft. by 24 ft. upstairs office area.
Relief Required:
The applicant requests the following relief: Relief requested from front and/or shoreline (wetland) setback
requirements for the CI zoning district.
Section 179-3-040 establishment of districts dimensional requirements,
The proposed building is to be located 38.5 ft from the front setback where 75 ft is required and 65.5 ft from the
shoreline where 75 ft is also 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 as the area is mixed use with commercial
and residential surrounding area.
2. Whether the benefit sought by the applicant can be achieved by some method,feasible for the
applicant to pursue, other than an area variance. The feasible alternatives may be limited due to the lot
size and the location of the wetland on the property.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code.
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. The applicant has indicated for
site development there will be blasting in some areas. The plans show areas of grading and installation of
stormwater control measures.
5. Whether the alleged difficulty was self created. The project as proposed may be considered self-created.
Staff comments:
The applicant proposes construction of 1,915 sq. ft. bank building including a drive thru and a 576 sq. ft.
upstairs portion. The plans show the location of the new building with site work to be completed for
development. The project is similar to previous applications for the site with a smaller building.
Zoning r I
Community Development Department Staff Notes
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: PZ 138-2016
Project Applicant: Joseph P. Gross
Project Location: 27 Silver Circle
Parcel History: SP PZ 140-2016; SB 11-2002 Frank Kineke 2-lot Indus. Subd.; BP 2015-272 Com'l Bldg.;
BP 2014-538 Com'l Heated Bldg.; BP 2009-044 Com'l unheated storage bldg.; BP 2004-783
New Office Bldg.; BP 2004-365 storage bldg.
SEQR Type: Type II
Meeting Date: May 18,2016
Description of Proposed Project:
Applicant proposes construction of a two-story 5,040 sq. ft. (2,520 sq. ft. footprint)addition to the existing 69,095 sq. ft.
Gross Electric Office building. The existing buildings and site are to remain with no changes.
Relief Required:
The applicant requests the following relief: Relief requested from minimum setback requirements for the CLI
zoning district.
Section 179-3-040 establishment of districts dimensional requirements,
The proposed building addition is to be located 11.83 ft from the west side property line where a 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. The new building addition is
located next to an existing vacant property that is currently for sale by the owner.
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
size of the building or adjust the lot lines as the adjoining property is the same owner.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code.
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 where the swppp will need to be updated to include the new impermeable surface.
5. Whether the alleged difficulty was self created. The difficulty may be considered self-created
Staff comments:
The applicant proposes construction of a two- story 5,040 sq. ft.floor area addition to the existing 5,420 sq ft
footprint office building that is part of 69,095 sq. ft. Gross Electric building facility. The plans show the
location of the addition, elevations and floor plans.
Zoning rAppeals
Community Development Department Staff Notes