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09-21-2016 \1eeflir°ug 0�)o,'.:k"11,:k"016) QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING SEPTEMBER 21, 2016 INDEX Area Variance PZ-0139-2016 Great Meadows Federal Credit Union 1. Tax Map No. 296.20-1-10 Area Variance No. 55-2015 Michael Yurdiga 2. Tax Map No. 266.1-2-62 Area Variance PZ-215-2016 Katrina Spahn 3. Tax Map No. 301.12-3-7 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. QUEENSBURY ZONING BOARD OF APPEALS I \1eeflir°ug 0�)o,'.:k"11',:k"016) FIRST REGULAR MEETING SEPTEMBER 21, 2016 7:00 P.M. MEMBERS PRESENT STEVEN JACKOSKI, CHAIRMAN ROY URRICO, SECRETARY MICHAEL MC CABE JOHN HENKEL JAMES UNDERWOOD MICHELLE HAYWARD, ALTERNATE LAND USE PLANNER-LAURA MOORE STENOGRAPHER-SUE HEMINGWAY MR. JACKOSKI-I'm going to call the meeting to order this evening. Thank you, everyone, for attending this evening the Queensbury Zoning Board of Appeals meeting here in the Town Center at 742 Bay Road. We have some housekeeping to do this evening, but first I want to just say that there's an agenda on the back table. It's a quite simple process. We'll call the applicant up to the table here. We'll read the application into the record. We'll ask the applicant questions and we'll take our actions accordingly from there. Sometimes we do poll the Board and decide whether or not we're going to move forward with the application or not. So we have some housekeeping to accomplish this evening. I'll start with approval of the meeting minutes of August 17tH APPROVAL OF MINUTES August 17, 2016 MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING MINUTES OF AUGUST 17, 2016, Introduced by Michael McCabe who moved for its adoption, seconded by John Henkel: Duly adopted this 21St day of September, 2016, by the following vote: AYES: Mr. Urrico, Mr. Freer, Mr. Underwood, Mr. Henkel, Mr. McCabe, Mr. Jackoski NOES: NONE ABSTAINED: Mrs. Hayward MR. JACKOSKI-Next is the meeting minutes of August 24tH August 24, 2016 MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING MINUTES OF AUGUST 24, 2016, Introduced by Michael McCabe who moved for its adoption, seconded by Roy Urrico: Duly adopted this 21St day of September, 2016, by the following vote: AYES: Mr. Underwood, Mrs. Hayward, Mr. Freer, Mr. Henkel, Mr. McCabe, Mr. Urrico, Mr. Jackoski NOES: NONE MR. JACKOSKI-Next under Administrative Items. I'd like to have a motion for further tabling/denying without prejudice Area Variance PZ-0139-2016 Great Meadow Federal Credit Union Meadowbrook Road — north side of Quaker Road ADMINISTRATIVE ITEM: FURTHER TABLING/DENY WITHOUT PREJUDICE: AREA VARIANCE PZ-0139-2016 GREAT MEADOW FEDERAL CREDIT UNION MEADOWBROOK ROAD — NORTH SIDE OF \1eeflir°ug 0�)o,'.:k"11',:k"016) QUAKER RD. MRS. MOORE-You're going to actually make a motion to deny without prejudice. The applicant is waiting for DEC response and this will assist in obtaining their DEC response. The DEC has been to the site and has indicated that they would have never given them a permit to construct there. MR. FREER-So you want to make a motion to deny without prejudice? MRS. MOORE-It's called deny without prejudice, yes. The Zoning Board of Appeals of the Town of Queensbury has received an application from Great Meadow Federal Credit Union. 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 requested from front and/or shoreline (wetland) setback requirements for the Cl zoning district. Site Plan: new commercial structure SEQR Type II — no further review required; A public hearing was advertised and held on May 18, 2016 and Tabled to September 21, 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: MOTION TO DENY WITHOUT PREJUDICE AREA VARIANCE PZ-0139-2016 GREAT MEADOW FEDERAL CREDIT UNION, Introduced by Michael McCabe who moved for its adoption, seconded by Harrison Freer: The applicant may re-apply at a future date. Duly adopted this 21 st day of September, 2016, by the following vote: AYES: Mr. Underwood, Mrs. Hayward, Mr. Urrico, Mr. Henkel, Mr. Freer, Mr. McCabe, Mr. Jackoski NOES: NONE MR. JACKOSKI-The next item is a request for Extension of Approval. REQUEST FOR EXTENSION OF APPROVAL: AREA VARIANCE NO. 55-2015 MICHAEL YURDIGA— SUNSET TRAIL (PICKLE HILL ACRES SUBDIVISION) FOR CONSTRUCTION OF A 1,360 SQ. FT. SINGLE-FAMILY DWELLING INCLUDING PORCH/DECK. APPROVED ON OCTOBER 28, 2015 The Zoning Board of Appeals of the Town of Queensbury has received a letter of request for an extension of approval dated August 25, 2016 from Michael Yurdiga for construction of a 1,360 sq. ft. single-family dwelling including porch/deck. The initial ZBA approval date was Wednesday, October 28, 2015. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE THE REQUEST FOR AN EXTENSION OF APPROVAL FOR AREA VARIANCE NO. 55-2015, Michael Yurdiga, Introduced by Michael McCabe, who moved for its adoption, seconded by James Underwood: For a period of one year. Duly adopted this 21St day of September 2016 by the following vote: MR. MC CABE-Tabled until the second meeting in October 2017. MRS. MOORE-It's just a year extension. I may have mislead you at other meetings, but it's just a year extension. MR. FREER-Do we know why? 3 \1eeflir°ug 0�)o,'.:k"11',:k"016) MR. UNDERWOOD-It doesn't matter. MR. JACKOSKI-Hang on, Jim, let Staff answer it. MRS. MOORE-So the applicant has submitted a letter that he's not able to construct this year. He's run into some issues, and that he'll be able to construct at a later time. MR. HENKEL-That was a year ago. Didn't we give it to him in October of last year? MRS. MOORE-So this year, he just wrote a letter. AYES: Mrs. Hayward, Mr. Freer, Mr. Henkel, Mr. McCabe, Mr. Urrico, Mr. Underwood, Mr. Jackoski NOES: NONE MR. JACKOSKI-Okay. New Business this evening. We do have an application in front of us. NEW BUSINESS: AREA VARIANCE PZ-215-2016 SEQRA TYPE II KATRINA SPAHN OWNER(S) KATRINA AND HARRY SPAHN ZONING NR LOCATION 12 HILLCREST AVENUE APPLICANT PROPOSES INSTALLATION OF AN IN-GROUND SWIMMING POOL. RELIEF REQUEST FOR PLACEMENT OF A POOL IN A FRONT YARD (LOT IS BOUND BY TWO ROADS). RELIEF IS ALSO REQUESTED FOR PLACEMENT OF A NONCONFORMING FENCE; 6 FT. IN HEIGHT LOCATED ON BURKE DRIVE (BACK YARD OF 12 HILLCREST AVENUE). CROSS REF BOTH 509-2016 SWIMMING POOL WARREN COUNTY PLANNING N/A LOT SIZE 0.24 ACRE(S) TAX MAP NO. 301.12-1-7 SECTION 179-5-020; 179-5-070 KATRINA SPAHN, PRESENT STAFFINPUT Notes from Staff, Area Variance PZ-215-2016, Katrina Spahn, Meeting Date: September 21, 2016 "Project Location: 12 Hillcrest Avenue Description of Proposed Project: Applicant proposes installation of an inground swimming pool. Relief request for placement of a pool in a front yard (lot is bound by two roads). Relief is also requested for placement of a nonconforming fence; 6 ft. in height located on Burke Drive (back yard of 12 Hillcrest Avenue). Relief Required: The applicant requests the following relief: Relief request for placement of a pool in a front yard (lot is bound by two roads). Relief is also requested for placement of a nonconforming fence; 6 ft. in height located on Burke Drive (back yard of 12 Hillcrest Avenue). Neighborhood Residential - NR The applicant requests the following relief: Relief requested from restriction for placement of a pool in a front yard. Section 179-5-020 accessory structures - pools The applicant proposes to install an in-ground pool in a front yard where there parcel is bordered by two roads in effect having two fronts. Pools are only allowed in rear yards. Section 179-5-070 Fences The code allows for four foot fences in the front yard; non stockade. The proposed fence is to be 6 ft. stockade and will be located on Burke Dr. 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. 4 \1eeflir°ug 0�)o,'.:k"11',:k"016) 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 for the location of the pool due to the lot configuration. Alternatives may be considered for a compliant fence height. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested is 2 ft. in excess of the allowed fence height and stockade. 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 to install a 12 ft. by 24 ft. in-ground pool that is located to the rear of their existing home that is bordered by Burke Dr. The applicant also proposes to install a 6 ft. stockade fence section where a 4 ft. non stockade fence is maximum allowed. The applicant has indicated the fencing to be installed replaces some sections that are old and falling down and consistent with the fence that is being replaced. The plans show the location of the pool and fencing." MR. JACKOSKI-Thank you, Roy. Welcome. If you could identify yourself for the record. MRS. SPAHN-Yes. I'm Katrina Spahn. MR. JACKOSKI-And it's a fairly straightforward application. So I assume you just want Board members to ask questions, if they have any, before we open the public comment period. MRS. SPAHN-Yes. MR. JACKOSKI-Okay. Are there any questions from Board members at this time on this application? Seeing none, I'll open up the public hearing, and doing so, is there anyone here in the public who'd like to address this Board on this application? Do we have any written comment? PUBLIC HEARING OPENED MR. URRICO-There is no written comment. MR. JACKOSKI-So everybody probably drove down the road and saw what's exactly there and everything else. So see how easy this is? MRS. SPAHN-Yes. The only other request I ask, if it's possible, just, we may not be able to put the pool in next year. Is there a way to get a two year variance, or does it have to be one year? MR. JACKOSKI-So the variance follows the land, but she does have to act upon it in the first year? So then you would just technically do what we just did earlier today here is put in a request maybe in September of next year that, geez, can you give us another year. MRS. SPAHN-Yes. MR. JACKOSKI-That's a formality. MRS. SPAHN-I'm just concerned with finances and all that. Because our main concern is replacing that fence. It's really not in good condition and I just want to have a really safe yard with the dog and everything. MRS. MOORE-So in reference to the pool, a permit has already been applied for. MR. JACKOSKI-It'll be a year after that, right? MRS. MOORE-I believe it's a year. 5 \4eeflir°ug 0�)o,'.:k"11',:k"016) MS. HEMINGWAY-The permit's good for a year and she can renew it. MR. JACKOSKI-But isn't it conditioned upon this meeting? MRS. SPAHN-Yes. MR. JACKOSKI-So why wouldn't it be a year from this date of approval? MR. UNDERWOOD-Because when they issue the permit, I think they probably, housekeeping that's all. MR. JACKOSKI-Well, anyway, you can work that all out with Staff at a later time. MRS. SPAHN-So do they send you that permit? How does that work now? MR. JACKOSKI-Yes, I believe that the permit isn't actually physically in your possession? MRS. SPAHN-No, because it was denied. MR. JACKOSKI-Was the permit issued or not? MRS. MOORE-It's not issued. No, I'm saying she applied for a permit. MR. JACKOSKI-Now we understand. So the chickens and the eggs are getting all mixed up here. MRS. SPAHN-That's why I'm asking. MR. JACKOSKI-We've got all this set up. If you come and get your permit, you have to do so within a year of getting this application completed, correct, and then you can go from there. MRS. SPAHN-Okay. MR. JACKOSKI-So I'll poll the Board real quick here, before I close the public hearing. Roy? MR. URRICO-I'm okay with it. MR. JACKOSKI-Mike? MR. MC CABE-This is a classic example of why you have a ZBA because the zoning doesn't fit her situation, so I would approve it. MR. JACKOSKI-John? MR. HENKEL-Yes, I understand the need for it in the location where it is. MR. JACKOSKI-Harrison? MR. FREER-Yes. I have no problem with this. MR. JACKOSKI-Michelle? MRS. HAYWARD-1 would approve it. MR. JACKOSKI-Jim? MR. UNDERWOOD-Yes. It's a .244 acre lot and I think due to the density I think anybody who was putting a pool in would want to have a taller fence and give you a little more privacy. MRS. SPAHN-And actually there is already a six foot high fence there. So we're just replacing what's existing and then putting a smaller fence along the front for aesthetics. MR. HENKEL-Six foot on the front? MRS. SPAHN-They're saying front, but that's the Burke Drive. That's where it gets terminology. MR. HENKEL-But, no, I meant the front as far as Hillcrest. 6 \1eeflir°ug 0�)o,'.:k"11',:k"016) MRS. SPAHN-On Hillcrest we're putting a six foot picket fence, the white vinyl picket fence. The rest is all the solid stockade. MR. JACKOSKI-So we have had some people join us this evening. We already opened the public hearing. Are you here for 12 Hillcrest? Do you have any comment that you'd like to make during the public hearing before I close the public hearing? AUDIENCE MEMBER-No. MR. JACKOSKI-Okay. So I'm going to close the public hearing and seek a motion. PUBLIC HEARING CLOSED MR. JACKOSKI-Mike? The Zoning Board of Appeals of the Town of Queensbury has received an application from Katrina Spahn. Applicant proposes installation of an in-ground swimming pool. Relief request for placement of a pool in a front yard (lot is bound by two roads). Relief is also requested for placement of a nonconforming fence; 6 ft. in height located on Burke Drive (back yard of 12 Hillcrest Avenue). The applicant requests the following relief: Relief request for placement of a pool in a front yard (lot is bound by two roads). Relief is also requested for placement of a nonconforming fence; 6 ft. in height located on Burke Drive (back yard of 12 Hillcrest Avenue). Neighborhood Residential - NR Section 179-5-020 accessory structures - pools The applicant proposes to install an in-ground pool in a front yard where there parcel is bordered by two roads in effect having two fronts. Pools are only allowed in rear yards. Section 179-5-070 Fences The code allows for four foot fences in the front yard; non stockade. The proposed fence is to be 6 ft. stockade and will be located on Burke Dr. SEQR Type 11 — no further review required; A public hearing was advertised and held on Wednesday, September 21, 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 not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because due to a technicality there is no backyard here. So this is, in essence, putting the pool in the backyard. 2. Feasible alternatives have been considered but they're not really reasonable. 3. The requested variance, although it may seem substantial, it's not really. It's really minimal. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is not really self-created. It's because of the topography there. 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE 7, \1eeflir°ug 0�)o,'.:k"11',:k"016) PZ-215-2016, KATRINA SPAHN, Introduced by Michael McCabe, who moved for its adoption, seconded by Michelle Hayward: Duly adopted this 21St day of September 2016 by the following vote: AYES: Mr. Underwood, Mr. Freer, Mr. Henkel, Mr. Urrico, Mr. McCabe, Mrs. Hayward, Mr. Jackoski NOES: NONE MR. JACKOSKI-Congratulations. Good luck. MRS. SPAHN-Thank you. MR. JACKOSKI-Maybe if you put the pool in now you get a discount this time of year. You never know. MRS. MOORE-You have one more item. A formality. In front of you is updated Area Variance, Sign Variance and Use Variance. Due to your meeting in reference to surveys, the front page of the cover letter has been updated and the information that requires a survey. Applicants are required to submit a current survey or they can ask for a waiver from that and/or and they do propose conditions. That conditions map can be prepared by a surveyor, an architect or a licensed engineer, and that's how it was worded. If it's something else, the information comes back as a written letter to the Chairperson in regards to requesting a waiver from any of those. Does that make sense? MR. MC CABE-That's fine with me. MR. FREER-So do you need a motion? MRS. MOORE-You need a motion. You also have a packet in front of you. Does anybody have any questions? Okay. MR. FREER-Do you want us to just mind read this? The only change is the front cover. Right? MRS. MOORE-There's some changes in the arrangement on the Sign Variance. MR. JACKOSKI-But there's nothing substantive. MRS. MOORE-It's the same information about the variance that applicants are required to submit. MR. JACKOSKI-Harrison's going to make a motion. The Zoning Board of Appeals of the Town of Queensbury has received from Community Development Staff, REVISED AREA, SIGN, AND USE VARIANCE APPLICATIONS FOR THE TOWN OF QUEENSBURY ZONING BOARD OF APPEALS (ZBA). The ZBA recently approved language regarding submission requirements for each Area, Use, or Sign Variance application. Specifically, requirements for a map depicting current and proposed site conditions. Upon review of the application materials, BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE THE REVISED AREA, SIGN, AND USE VARIANCE APPLICATIONS, EFFECTIVE September 21, 2016, Introduced by Harrison Freer, who moved for its adoption, seconded by Michael McCabe: Duly adopted this 21St day of September 2016 by the following vote: AYES: Mrs. Hayward, Mr. Freer, Mr. Underwood Mr. McCabe, Mr. Urrico, Mr. Henkel, Mr. Jackoski NOES: NONE MR. JACKOSKI-Anything else, Laura? MRS. MOORE-No. a�� \1eeflir°ug 0�)o,'.:k"11',:k"016) MR. JACKOSKI-All right. Can I have a motion to adjourn? MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF SEPTEMBER 21, 2016, Introduced by Michael McCabe who moved for its adoption, seconded by Roy Urrico: Duly adopted this 21St day of September, 2016, by the following vote: AYES: Mr. McCabe, Mr. Henkel, Mr. Underwood, Mr. Freer, Mrs. Hayward, Mr. Urrico, Mr. Jackoski NOES: NONE MR. JACKOSKI-Thank you. We're adjourned. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Steven Jackoski, Chairman