Staff Notes Packet ZBA Wed., January 17, 2018 Staff Notes
ZB,A Meeting
Wednesday, January 17, 2018
Queensbury Zoning Board of' Appeals Agenda
Meeting: Wedlnesdlay, January 17, 2018 Time: 7'00- 11 1010 Pm
Queensbury Activities Cealt er-742 Bay Road
Agenda i subject to chainge and maly be found at: www.queensbury,nef
Approval of melefing minutes: Docember 20,2017
OLD BUSINESS,�
-AER!!cant(sL— Errol Silverberg Use Variance No ;Z-UV-3-2017
Owner(!) Errol SilverbeES SEAA yp Unlisted
A ent's f ale R..Clothier W Size 6.55 acre s)
Location O.lyoickhart Mountain Road(;l.,Rae Gillis Zoning ILIA-5,A�W-I DA
Ward�No. Subdivision
Ward 1.
Tax Id No 251-1-38A Section 179-3-040; 179-5-0.20
Cross Ref Z-AV-59-20,17;P-SP-62-20 17,SUB 8-19,96; Warren County Planning Wa
UV 79. 95, SUB 3-1994- UV 82-1990,
19
ary AL
Jana 17,2018
Public Hearing September 201,20 17 Tabled,to,December 20,2017, Adirondack Park Agen D
;Y
Project Description Applicant proposes construction of;2,364 q.fl.addition to the existing 8,400 sq,ft-garage. Rclief is,required as
the construction of the addition to the private garage is,on a parcel where a prrincipal use(single-family dwelling)doe's not exist.
Additionally,an area variance us required as the structure is proposed to be in excess of the maximurnallowable square footage for 8,
Private garage. Planning Board- Site'plan Review required for the expansion of a Irivate W1199.
Applicant(s) Errol Silverberg Area Variance No Z-AV-59-20117
Owner(s) Errol Sil:vc:rbE, SE. RA Type 11
Agen Date R.Clothier Lot SIZe 6.55 AcreLSI
Location 230 Lockhart Mountain Road(L.,Rae Gillis Zoning RR-SA/LC-IOA
Ward No. Subdivision)-Ward I
Tax Id,No 1 252.-1-38,1 Section 17'9-3-0411; 17'9-5-420
Cross,Ref Z-UV-3-20,17,P-SP-62-2017;SUB,8-1996; Wn"en County Planning n/a
1LTV'79-19,95i SUB 3-19,94.UV 82-1199'0;
Publie Hearing September 20,20,17 Tabled to December 20m 20173 Adirondack Park Agency ALD
January 17,2018
Project Description Applicant proposes construction nota 2X4 sq.It.addition to the existing 8,400 sq.L garage. Use Variance is,
rcquired as the constraction of the addition to the private gUagC:15 on.a parect where principal use:(single-family dwelling)does not exist,
�Rellef required as the structure is proposed to be in excess of the maximum,allowable square footage;for a private garage and to have:an
accessory without a pri�nciple:, Planning Board: Site Plan Review r5AIuired,for the egansion of a private garage,
NE"VSINES -
Applicant(s) William Mason Area,Variance No, 7—TAT 1-2018
Owner(s) Samuel Iii gb body SEQRA T'YLPO 1.1
A-ge:nt(s) William Mason Lot Size 0.05 Acre(s)
Location 13 Tlusc:mlra Drive Zoning WR
Ward ND. Ward I
T
ax 142 lila 239.8-1-45 Section 17 -3-040, 1,79,-13-010
Cross Re( P-SP-1-2018 Warren Conn y Planning January 20,18
Public Hearing dams aIJ_�72O18 Adirondack Park.AgEncLj ALD
Project Description Applicant proposes construction of 246 sq,ft,of new second floor area.on south side and raising roof area only on
the north side. Also,,proposed is construction of a 32 sq.ft.entry deck to the west, Relief requested from setback,permeability,
expansion of a nonconforming strwure,and Floor Area Ratio requirements of the WR zoning district, planning;Boards Site Plan
Review required for expansion of a nonconforming SIMCWre in a CEA.
Queensbury Zoning oar Appeals
Meeting: Wednesday, January 17, 2018 Tiime-., 7.00- 11:00 Piet
Qu ensh ury'.Activi ies Ceinfer-742 Bay Road
Agenda sobjec.t to change and maiy be f'cound at: +wn wwqueembu ry.niet
4 licant s Leonard Romeo � Arca Variance No Z-AV-6-20118
Owners 1'eonard Romeo SEQ, I 11
ent'a Jim Girard, andsca e lwlauntenanc� Lot Sire � 0 3t)Acm s��
Location 292 Clevrerdale Road Zoning,
Ward No. 'ward 1
Tax Id'No 226,16-140 Section 179-3-41 11® 179-6-050,
Cross Ref P-SP-5-20018 Warren Courant Planum ianuary=g
Public Hearin 3anu, 17 2018 Adirondack Park ARenc ALD
Project Description Applicant proposes removal of an existing pathway and,,patio to be replaced with peruneablle pavers,and nm patio
arca for a total,of 6.54 sq.ft. Planning Board: Site Plan Review required for hardsu "aclng within 50 ft,of the shoreline.
Appilcart 's H WP Develo em LL (Johnny ck�cts Area Variance Ne Z-AV-5-2018
Owner(s) HI'4 P )ev lur meat„'L1.. : SE RA Type II
Agent(s) Bob Holmes—Jarrett Engineers,PLLC Loot Size 10.76 Acres(S)
Location 89 Six Flags Drive Zoning Cl
Ward No., Ward 1.
Tax Id Nur 295,84- Section 179-3440
Cross Ref P-SP-3-2018 Warren down Plnnrrin January 2018
Puublic.Irlcarin January 17,21918 Adirondack ParluAenc. n/a
Project Description Applica ut proposes a 2,2811 sq.ft.outdoor eating arca addition to the Johnny Rockets Restaurant. The deck is to
accommodate 120 new.scats and 1„'00811 sq, .of the deck'is.to be cowered. Relief reuluu.ested from Floor Area Ratio Requuirements_
Plann:in Huard. Site pian Review'required..
wired„
Applicants David Cohen do Michelle Kgplan Area VarianceZ-AV-3-21 1'11
Owner(s) David Cohen&Michelle Kaplan. SE T'ype 11.
Agent(s), Tortn.3arrett,Uffett'Engineers,PLLC Lost Size 1.41 Acre(s)
Location 18 Crooked)"Gree Drive Zoning WR,
Ward No. Ward 1
'Tax Id No 239.15-1-9 SOCtiQni 179-13-0110, 179-5-0201-, 179'-3-
Ward
7'9-5.192111; 179'-3-
Ward H �4�1
ro-85 Ref P SP4-2111'8L�Adironidacklarren "ourru Plann:in January 2015
Public Hearin .lanura 1.7 201.E Par' enc ALD
Project Description Applicant proposes to renovate a 352 sq.,f1. shed,to a,game room, Projicot incluudcs raising the roof on.a portion of
the buildingadding one screened-in poach at 192 sq,&and a front porch at 168 sq. ft., Relief requested from the maximum 11eight.
restrictions and uninitnu.utnsetback requirements. Planning Board, Site plau'u bele'is required for expanision of nonconforming
structure in the .zoning district and CH ical Environmental Area pA
Any fur;rther business that the Chairman determines may be properly brought before the Zoning'Board of Appc mils.
0L`Sue Hemingww°ay'" 048 Year ZRAVanuaiy 20118TInall Z.HA A$cnda Wed.,January,17,2018 version 112.1.2017,4ocx
Town of Queensbury Zoning Board of Appealls
Community Development Department Staff Notes
Use Variance No.: 3-2017
Project Applicant: Errol Silverberg
Project Location: 230,Lockhart mountain Road
Parcel History: Z-AV-59-2017; P-SP-162-21017; SUB 8-1,9 6„ UV 79-1995; SUB 3,-1994; UV 82-19,90;
SEAR Type- Unlisted
Meeting Date: January 17,2018
Description of Proposed
Applicant proposes construction of a 2,304 s,q. ft. addition to the existing 8,400 sq. ft. ,garage. Relief is required
as the construction of the addition to the private garage is on a parcel where a principal use (single-family
dwelling) does, not exist. Additionally, an area variance is required as the structure is proposed to be in, excess
of the maximum allowable square footage for a private garage. Planning Board: Site Plan, Review required for
the expansion of a private garage.
SURVEY WAIVER APPROVED
Sectioln 179-5-0120 Accessojy Structure -Ga—rte
The applicant proposes a 10,,704 sq. ft. garage Where 8400 sq. ft. is existing and 2,304 sq. ft. is the addition.
Garages are limited to 2,2010 sq. ft. Garages,are also considered.accessory structures and may not be constructed
without a principal structure.
January 2018 new, information—Applicant has supplied addit:ional information in relation to a reasonable return
Criteria for eonsidering a Use Variance according to,Cbapter 267 of Town Law!]
In making a determination, the board shall eonsider-.
L Whether the applicant cannot real,ize a reasonable return, provided that return is substantial as
demonstrated by competent financial evidence. The applicant,has indicated the property was purchase in
20018 fior$2,00,000 and an additional '$ 0,01^00 spent to clean property, 0,0,00 to rehabilitate the building and
property than$20,000 for pavement. The investment total is,about$3301,0010 to date where the property and
building area assessed, at$388,0010, The applicant has explained that the building and property, use was
ori ginal ly used as a farm in 19 61. The applican,t has indicated the building would not be compliant for residence
or commercial usage due to code requirements,. The applicant has also indicated the development of the
property for residential use would cost about $650,000 and the current improvernents would cost about
$150,000.
Additional information provided by the applicant is 11rom a NYS, certified real estate appraiser. The Appraiser
highlights the construction of the current structure and notes it does not meet current local building code
standards. The Appraiser notes the neighborhood, has been converted, from, an agricultural/cornmercial to
predominately residential use where the private storage building as is condition and used for personal car
collection would be the use supported as a reasonable return versus other uses of the:building. The appraiser
identifies uses allowed in the Rural Residential 5 Acres zoning area including Agricultural Service/Retail,
Agricultural use, Bed and breakfast, Boat Storage Facility, Cemetery, Group Camp,Kennel,Nursery, Outdoor
RecreatiOD, Place of Worship, and others, The information on -uses already applied to the site and building are
noted as not providing reasonable return in part due to location, accessibility to site by the public, costs
exceeding investment to remove the current structure:and to build a new structure,. Additional uses such as,
residential use for a single family home indicates the demolition and disposal cost, land purchase (with no views,
of the, Lake eorge area due to topography), site: work including installation of septic and well then house!
construction would also not lead to a reasonable return'by the applicant.
The project site was previously granted a Use Varianoe (UV79-1995) for thoperation of trailer manufacturing
business—utilizing the site and b; uilding for the operation. The applicant has provided information that the
previous use variances did not succeed due to location,
2. Whether the alleged hardship relating to the property in question is unique, and does not apply to a
substantial portion of the district or neighborhood. The applicant has explained was the use:from a
commercial chicken farm, then to an auto repair shop,and to a trailer manufacturer to the currentuse as a private
garage.
The project as presented indicates the site has been marketed from 2005 to 2008 from $320,000 to $200,000
with a site assessed per rps of$388,000.
3. That the requested Use Variance,if granted will not alter the essential character of'the neighborhood.
The applicant has indicated the use is currently and will. remain.a low-key use and have no impact on the
surrounding neighborhood. The applicant has indicated a boat storage use is a permitted use in the:zone under a
special use:permit and would be more intense: for the area,including movement of boats on a seasonal basis
winter storage:and sprs,ununet pick up.
The applicant has,noted the neighborhood area has changed froma icultum
ral/comercial to residential area.
gn
4.Whether the alleged difficulty was self-created. The difficulty may be considered self-created. The:
applicant indicated they purchased the property as, current trailer,manufacture was,relocating with the intent to
use the site for stora,g,e of cars. The Code requires a principle use to be on site before:an accessory use, The
applicant had purchased and utilized the property without a compliance request—the applicant would have been
notified the proposed use would have required a use variance.,
Staff Comments:
The applicant proposes a 2,304 sq, ft, single story addition to an existing 8,400 sq. ft. private garage:. Project is
in, RR-5 zone that does not list private garage as an, allowed use. The garage is to 'be used for storage of classic
cars a private collection. The plans show the location of theaddition and elevations.
Zoning Board ols,
Communil y' Deerr elopment Depairtmienit 5faff Notres
Zoning,'l3oard of Appeals—Rimord of Resolution
Town of Queensbury 742 Clay ltoadl ueensbuury,']N 12804 ( 1 )761-112.3
Use Variance Resolution To: Approve f Disapprove
Applicant Name: Errol Silverberg Olt-
File
l�umb �
Location. 230 Lockhart Mountain,Road
Tax Map Number: 252.4-38.1
13,E Meeting Date. Wednesday, September 20,2017
TheZoning Board of Appeals of the Towyn of Queensbury has received an application from Errol
Silverberg for a variance of 'iia 179-,3-040 and 179-5-020 of the Zoning Code of'The Town of
Queensbury.
Applicant proposes construction of a. 2,3114 sq, ft, addition to the existing 8;400 sq. ft. garage. belief is
required as the construction of the addition to 'the private garage is on. a parcel where a principal use
(single-family dwelling) does not exist. Additionally, an area variance is required as the structure is
proposed to be in excess of the maximum allowable sq footage for a private garage. Planning Board:
Site Pian Reviews required for the expansion of a private ,garage.
SURVEY '".i'l ' l APPROVED
belief"Requiared.
eetiu).n 179-5-020 Accessory Structure -Garage
The:applicant proposes a 10,704 sq. f1. garage where 84011 sq. ft. is existing and 2,304 sq. ft. is the
addition. ,arages are limited to 2,,' 00 sq. ft. Garages are also considered accessory structures, and may
not be constructed without a principal structure.
Jams ary " '18 n", information.—Applicant has supplied additio nal info ut'nati n in relation to a reasonable
return.
The four(4)criteria usually associated with a Use Variance are;
1. That the proposed improvement is a public necessity in that it is required to render safe and
adequate service. It is our findingthat:
.) That there are compelling reasons, economic and otherwise, for permitting the variance$ It is our
finding that.
3„ Where the intrusion or burden on the community is minimal, the showing required by the utility
should be correspondingly reduced. It is our finding that.
Based upon our Endings above,we hereby determine that the applicant [ HAS] [ HAS NOT I
demonstrated that the applicable zoning regulations and restrictions have caused'unnecessary hardship.
[ (Nate: use,the folloivin only-when approving, a use variance.)The Board finds that the variance under
consyder,atietn is the minimum necessary and adequate to address the unnecessary hardship proven by the
applicant and at the same time preserve and protect the character of the neighborhood and the health,
safe:ty mid welfare of the community. I
Based upon all of the:above, 1 trove that this Beard [Approve Deny Use Variance -LJ V-:3-201'x,
Errol Silverberg with the f'ollev nwgconditions:
Duly adopted this 17th day ofJanuary 2018,by the following vote`.
A :
NOES:
Zoning Boar of Appeats
Town, of Queen,sbury Zoning Board of Appea'ts
Community Development Dep airi r n't Sl riff NIotes
Area Variance o.: 9-21117
Project Applicant: Errol Silverberg,
Project Location: 230 Lockhart Mountain Road.
Parcel History: �U - -21117; P- P- 2-2(117; SUB 8-19°9 ; UV 79-1995; SUB 3-1994; UV '82-1 °9tlq
SE 11,Type: Type 1.1
Meeting Date: January 17,21118
Descript:iotn of Propose; Project:
Applicant proposes construction of a 2,3104 sq. ft- addition to the existing 8,400 sq. ft. garage., Use Variance is
required as the construction of the addition to the private garage is on.a parcel where principal use (single-
family
i l -
f ily dwelliun, does ;not exist.. Relief required as the structure is proposed to be in excess of the maximum.
allowable square footage for a private garage and to have an.accessory without a principle. Planning Board:
Site Plan Review required for the expansion of a private ,garage.
Relief Required:
The applicant requests relief from an addition to a private garage in excess of the maximum m allowable square
footage and for construction off'an accessory structure without a principle.
ectio,,n 179-5-020 Accessa.OLStructure -Dara c
The applicant proposes a 1 Ox,704 sq ft garage where 8400 sq ft is existing and 2,104 sq ft is the addition;.
Garages ;are limited to 2,200 sq ft. Garages are also considered accessory structures and may not be constructed
without a principal structure.
criteria ff'o�r considering an Area Variance aecording to Chapter 267'o1'Town anv:
In making a determination, the board shall conusider.
L 'Whether an, nuuudesira'ble change will be produced in the character of the rnei bborbood 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 thanan area variance. feasible alternatives may be considered limited as the
project is an addition to an existing private garage that is currently used for storage of classic cars. The
applicant has indicated the storage of the classic cars is the proposed, use in the private garage.
. Whether the requested area variance is substantial. The relief requested may be conusideredsubstantial
in regards to the code, belief requested is 8,5114 sq ft,in excess.
4. Whether the proposed variance will have an adverse effect or impn act 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 arr.t:icip ted. The applicant has indicated the
st rm ater is managed on site by an underground storage area with overflow into an underground, gravel
trench. Th'e storage of storm titer is recycled for water usage on.the site. The'buuiidin s have pea stone eave
tTench areas.
. Wbeth�er the alleged difficulty was self-created. The difficulty.may be considered self created as the
applicannt purchased the property as is that had a use variance for the manufacturing g of trailers.
Staff`com eantsd
The ;apgpiicant proposes the construction of a x,304 sub. ft. single story addition two an existing tin 8,400 sq. ft. private
garage. The garage exceeds the size allowed for private garage. 'rhe applicant Inas indicated the ;garage is used
for the storage of classic cars and will remain the same with the addition. I'hc plans shrew the location of the
addition and elevations.
Zoning oar of Appeats
Community Development Department Staff Noties
Zoning Hoard of Appeals—Record of esalution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 1 ) 761-823ll
J"owtp JQganshu,ry
AreaVariance Resolution"To: Approve � Disapprove
Applicant Name: Errol Silverberg
r
File Number: -AV-59.-21117
Location- 230 Lockhart Mountain load
'Pax Map Number. 252.-1-38.1
BA Meeting Dante: Wednesday, September 20, 2017
TheZoning,Board of Appeals of the Town of Queensbury has received an application from Errol Silverberg.
Applicant proposes construction of a 2,304 sq. ft. addition to the existing 8,400 sq. & garage. Use Variance is
required as the construction, of the addition to the private garage is on a parcel where principal use (single-
family dwelling)does not exist. Relief required as,the structure is proposed to be in excess f the maximurn.
allowable square footage for a private garage and to have an accessory without a principle. Planning,Board:
Site Plan Review required for the expansion of au private garage.
Relief Required.
The applicant requests relief from an addition to a private garage in excess o f'the rnaxiMUMr allowable square
footage and for construction of an,accessory structure without a principle.
Section 179-$-020 ccesa tracture - ars e
The applicant proposes a. 1 „704 sq ft garage where 8400 sq is existing and 2,304 sq ft is the addition.
Garages are limited to 2,210 sq ft. Garages are also considered accessory structures and may not be constructed
without a principal structum.
SR Type 11—no further review required;
A public hearing was advertised and held on September 0, 2017 and on January 17, 2018;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080( of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we:find as follows:
111"R °0'1 I" 1)R. .1° 1` 111111 11" 171BY I'A.1;11
1, "There is / is not an undesirable chane in the character of the neighborhood nor a, detriment to nearby
properties because
. Feasible alternatives are and have been considered by the Board,are reasonable and have been
included to minimize the re nest OR arc nit 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
districF'
5. Is the alleged difficulty is,/is rust self-created because
& In addition the Board finds that the benefit to the applicant from granting the requested variance would
out wei h (Li pproval') / would be;_qMj]M;jghgLd by-idenial) 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;
S. The Board also Proposes the follorwing conditions:
a)
b)
c) Adherence to the iterns,outlined,in the follow-up letter sent with this resolution.
BASED ON THE kBOVE FIN'QrNGS- IM.kKE A M+ O'TION TO APPROVE/DENY AREA VARIANCE
Z-AV-59-2017, Errol Silverberg, Introduced by , who moved for its adoption, seconded by
Duly adopted this 176' day of September 2018 by the following vote:
AYES.
NOES:
Town of Queensbury Zlonlingi Boar'' of Appeals
Comimunit y Devielopment IDepart miint Staff Noltes
Area Variance No.: 1-20,18
Project Applicant: William Masan (Samuel Lightbody)
Project Location: 13 Tuscarora Drive
Pared History: P-S1"-1-2018
SEQR Type: Type 11
Meeting Date: Ja nua ry 17,2418
Description of"Proposed
.Applicant proposes construction of 246 sq .. of new second floor area on south side and raising,roof area only
on.the north side. Also, proposed is construction of a 32 sq, ft. entry deck to the west. Relief requested from
setback,, permeability, expansion of a nonconforming structure, and Floor Area Ratio requirements of the WR
zoning district, Planning Board: Site Plan Review required for expansion of a nonconforming structure in a
CEA.
Relief Requ=ired-
The applicant request relief from minimum setback, permeability, expansion of a nonconform,ing structure, and
Floor Area Ratio requirements for the WR zoning district.
Section 17'9-3-00 establishment of districts dimensional requirements
The:applicant proposes to construct a 246 sq ft second floor area of an existing home and a 2 sq ft entryway
deck. The new construction upstairs is to be 10 ft from the property line and the new entry deck area is to be 3
ft from the property line where a 15 fp setback is required from all property lines. Tile new living area is 256 sq
ft for a total floor area of 2049 sq ft $9.6% where 22% is the maximum allowed, The site permeability is to be
65% where 75% is required.
Criteria for considering an Area Variance according to Chapter267 of Tow 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 varianee. Minor to no impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the:applicant can be achieved by some method,feasible for the
applicant to pursue, other,than an area variance. Feasible alternatives,appear limited as a result of
existing conditions and nature of the variance request,
3. Whether the requested area variance:is substantial,., The relief requested may he considered substantial
relevant to the code. Relief is requested for side setback of 5 ft. Permeability reliefis requested for 10%
less than the 75% requrired.Fleer area relief of 67.6% in excess of %�. In regards to the Floor area-the
applicant has explained the parcel is part of an existing JJOA where a majority of the 18.7 acres is common
area for the association members—in addition the master plan indicates the l' .7 ac is to be considered during
the request for as house expansion with the HOA.,
4. Whether the proposed variance will have an adverse effeet or impact on the physical or
environmental conditions in the nei tirlarnr:hood or district. Minor impacts on the physical or
envirornnrnerntal conditions inr the neighborhood may be anticipated.
S. Whether the alleged difficulty was self cr anted. The difficulty may be considered self-created.
staff COM
The applicant proposes construction of 246 sq, ft, of new second floor areaorn south sidle and raising roofam
only on the north side. Also, proposed is construction of a 32 sol, ft. entry deck to the west. The project occurs
in the T ak,un;dewide cottage development off of Cleverdale,Rd. In 2003 the Planning Board adopted an MOU
with Takundewide 1IOA outlining activities for future development. 'T'he project is similar to other cottages on
the site where the increase floor area is comparable to the ether housing, The submission includes renditions, of
the prgpesed home with the existing roofli:rne Aovm on the plains. Thefloor plans of the existing interior
arrangement are:provided.
ZoninIg Boardis
Community Development Departme nt Staff Notes
Zoning Board of Appeals —i ee'ord of Resolution
Town of Queensbury 742 Bay Road Queensbury,ltii`" '12804 (51 761-8238
rown OF_4yunsdmry
Area Variance Resoluti rn'To: Approve/Disapprove
e
Applicant Name: William,Masan for Samuel.Lightbody
FileNumber; -A -1-211'18
Location: 13 Tuscarora Drive
Taus Mal)Number: 239.8-145 Y 4`h
i a
A Meeting Date. 'ed., January 1.7, 201,8
The Zoning Board of Appeals of the Town nn oaf Queensbury has received an application from Willi,arrn Mason for
,Samuel Lightbody, Applicant proposes construction of'246 sq. fl', of new second floor area on south side and
raising roof area only on the north side. Also, proposed,is construction n cof a 32 sup. ft. entry deck to the west.
Relief requestedd from, setback,permeability, expansion of a nonconforming nforu in structure:, and F'l oar. roea Ratio
requirements of the W zoning district. Planning Beard: Site Plan review required for expansion of
nonconforming structure in.a'CEA.
Relief Required.
The applicant request relief from minimum setback, permeability, a paunsioarn of nonconforming rmirng structuAre, and,
Floor Area Ratio requirements for the'9IR zoning district.
Section 179-3-040 establishment of.districts dimensional xyguirements
The:applicant proposes to ccrustruct a 246 sq ft second floor area,of an existing home and a 32 sq ft entryway
deck. The new construction upstairs is to be 10 ft from the property line and the new entry deck area is to be 3
ft from the property line where a 15 ft setback is required from all property litres. The new living area is 256 sq
ft for a total Ter area of 2049 sup ft 89.6'%where % is the max imu m allowed. The site permeability is to be
5%where 75%is required,.
SEQR,Type 11—no further review required;
public hearing was advertised and held on January 17, 2018;
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: ue s uu 'To u cede and Chapter 267
of NYS Town Law and after discussion and,deliberation, we fund as follows:
11'r"I T111 i RAI"l 11 RO ,ill... l D 1:1N" SIA11
1, There is / is not an undesirable change in, the character of the neighborhood nor a detriment to nearby
properties because
. F'easi'ble alternatives are and have been considered by the Board, are reasonable and have been
9 -
included t minimize:the re_uuest are not nossible.
3. The requested variance is/ is not substantial because
4. There is / is not an adverse impact on the physicaJ or environmental conditions in the neighborhood or
di strict?
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: mquested variance would
g4tweigh (auproval) / -would be gut weighed by den al' 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 iterns outlined in the follow-up letter sent with this,resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE DENY AREA VARLINCE-
Z-AV-1-2018 Willi Mason for Samuel UgUt Introduced by who moved for its adoption,
seconded'lay
Duly adopted this 17'h day of January'2018 by the following vote:
AYES:
NOES:
Town of QueensIbury Zoning Board of Appeals
Communilly Dievellopment Department Staff Notes
Area Variance No.: 6-2018
Project Applicant: LeGnard Romeo
Project Location: 2,8 2, Cleverdate Road
Pareel History, P-SP-5-1018
SEQ,R Type. Type 11
Meeting Date: January 17,2018
Descripadtio®n of Proposed
Applicant proposes removal of an existing,pathway and patio to be replaced with pernieabile pavers and new
patio area for a total of 654 sq. & Planning Board: Site Plan Review required f6r hardsurfacing within 50 ft. of
the shoreline,
Relief ReqUired:
The applicant request relief from permeability requirements for the WR zoning district.
Section 179-3-040 establishment of districts dimensional rguirements
The applicant proposes an additional 654 sq ft of pennelable pavers and new patio area pathway, The proposed
penneabirlity is 70% where 75% is required for the waterfioint zoning district. The calculation for permeability
has taken into account 6154 sq ft as 327 sq ft for the permeable paver,credit of 50%.
Criteria for considering an Area Variance according to Chapter 267 of Town Low:I
li. Whetber 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 ftirther
minimize the hard surfacing,to the shoreline.
31. Whether the requested area-variance is substantial. The relief may be considered minor relevant to the
code. 'The permeability relief requested is 5%.
4. Whether the proposed variance will have an adverse effect or it paet on the physical or
environmental conditions in the neighborhood or district. The project as propose d may be considered
to have minimal to no impact on the environmental conditions of the site or area.
S. Whether the alleged, difficulty was self created. The project as Proposed may be considered self created.
Staff COMMenid
The applicant proposes to renovate an existing pathway from the home to the shoreline that includes,removal of
existing concreate walkway area and install pemeable pavers. The plans, show the location of the existing and
proposed pathway.
ZoningBoard of Appeals ecord of Resolution
Town of Queensbury 742 Bay Road ueensbury, NY 12804 ( 'l 8) 761-8238
Timm or(Imourn-bary
Area Variance:Resolution To: Approve/Disapprove
Applicant Name- Leonard Romeo
File Number: Z-AV-6-2018 dim y
Location: 282 Cleverdale Road
Tax Map Number: 22U.6-140
ZBA Meeting Date: Wednesday, January 17, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an,application from Leonard Romeo.
Applicant proposes removal of an,existing pathway and patio to be replaced with permeabile pavers and new
patio area for a total of 654 sq. ft. Planning,Board: Site Plan Review required for bardsurfacing within 50 ft. of
the shoreline.
Relief Required:
The applicant request relief from permeability requirements,for the WR zoning district.
Section 179-3-040 establishme it of districts dimensional reguirements
The applicant proposes an additional 654 sq of permeable pavers and new patio area pathway. The proposed
permeability is 701/o where 75% is required for the waterfront zoning district. The calculation for permeability
has,taken into account 654 sq ft as 327 sq ft for the pen neable paver credit of 5011/0.
SEQ R Type 11—no further review required;
A public hearing was advertised and held on January 17', 2018;
'Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the:criteria specified i�n Section 179'-'14- 80(A h of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
["FR *1'1]l:-' I)ltA.I. I' l�."ItOVII)T-'T) 13Y STAT [:,
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 th9j;quest OR are not passible.
3. The requested variance is /isnot substantial because
4. There is / is not an adverse impact on the physical or enviromnen,tal conditions in the neighborhood or
district?
. Is the alleged difficulty is/ is not.self-created because
. In addition the board funds that the benefit to the s„F lleanat from granting the requested variance would
outweigh a< rovunl / would be ouat ei Ined by (denial) the resulting detriment to the health, safety and
welfare ofthe ,eighborhood or community;
ity;
7. The Board also finds that the variance request under consideration is the minimum necessary;
. The Board also'Proposes the following conditions,-
a)
b
eAdherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON"ITHE ABOVE FINDINGS, I MAKE A MOTION TO 'IBRO I DENY ARJEA VARIANU
-AV- - 111 Leonard agmen, Introduced by who moved for its adoption, seconded by
Duly adopted this 17th day of January 2018 by the following vote:
AYES..
NOES:
r �
ha P�f
Town of Queensbury Zorn Boa+ rd oaf' Appeals
Commiunity Developmenf [Department Staff Notes
;area Variance' o.: 5-20111
Project Applicant: HWP Development,LLC (Johnny Rockets)
Project Location: 89 Six Flags Drive
Marcel flisturlr; P- P- -2018
SEQR Type- Type If
Meeting Date: January 17,2018
Description of Pro lased Project
Applicant proposes a 2,280 sq. ft.. outdoor eating,area addition to the Johnny .ockets Restaurant. The deck is to
accommodate 12.0 new seats acrd 1,080 sq. ft. of the decd is to be covered. belief requested ftorn Floor area
Ratio Requirements. Planning Board;: Site Plan Review required.
Relief Required:.
The applicant.request relief ftorrr Floor Area Ratio requirements in the Commercial Intensive erre
Section 179-:3-0 establishment of districts dimensional requirements
The applicant proposes a 2,280 sq ft outdoor eating area addition to the Johnny Rockets restaurant and 1,0'80 sq
ft is to be a covered deck. The floor area ratio of.3 was included in the code after the construction of the hotel„
The current floor area ratio is %.and proposed is fi%.
Criteria for considering an.Area'Variance according to Chapter 267 of Town iaid
In making a determination,the board shall consider:
I. 'whether an undesirable change will be produced in the character of the neighborhood or an, detriment
tonearby properties will'be created by the granting of this area variance. Mirror to no impacts to the
neighborhood may be anticipated.
. Whether the benne t sought by the applicant can be achieved by some rrrethold, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered limited dune to
the existing hotel facility on'the site.
. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. Repel"is requested for %inn excess of 0% Floor Area.
4. ''whether the proposed variance' ill have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district, Minor impacts on the physical or
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty was,self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes a 2,280 sq. ft. outdoor eating area addition to the Johnny Rockets Restauarrant.. The deck
is to accommodate 120 new seats and 1,080 sq. ft. of the deck is to be covered. The planus shone the location of
the decl 'here acess is from the interior of the restaurant.,
allZoning Board of Appeals—Record of Resolution
"1'cdwn ofQueensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Tuwdd add'(Lifecrmbury
Area Variance Resolution To: Approve/ Disapprove
Applicant Name. 14WP Development, LIQ (Johnny Rockets
File Number: -AV-5- 01
„ J
Location: 89 Sax Flags Drive
Tax MapNumber: '9 .8A-1
Rix Meeting Date: Wednesday,January 17, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application frorn HWP 'Development,
LLC (Johnny Dockets). Applicant proposes a 2,280 sq. ft. outdoor eating,area,addition to the Johnny Rockets
Restaurant. The deck is to accommodate 120 new seats and 1,080 sq, ft, of the deck is to be covered. Relief
requested from Floor Area Ratio Requirements, Planning Board: Site Plan Review required.
Relief Required:
The applicant request relief from Floor Area Natio requirements in the Commercial Intensive zone
Section 179-3-040 establis erlt of districts dimensional requirements,
ants,
The applicant proposes a 2,280 sq ft outdoor eating area addition to the John.ny Rockets restaurant and 1,080 sq
ft is to be a covered deck. The floor area ratio of.3 was included in the code after the construction of the hotel.
The current floor area ratio is 57%and proposed is 58'%
E 1 'Type 11—no further review required;
.public hearing was advertised and,held on Janus 17,,2018;
Upon review of the application materials, information supplied during the public bearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the ( uueeunsbuary Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we f and as follows;
1 1:'R 'Vl IO: LSI .AF-F I"ROV1D1."D l:t' Y 1°A.[1`
1. There is J is not an undesirable change in the character of the neighborhood cruor 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 tln _request OR are not possible.
3» The requested variance is /is not substantial because
4. There is / is not aro adverse impact on the physical or environmental conditions in the neigh oorbood or
district's
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 (ApWoval) / would be outweighed by (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 minimurn 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 'IOTION TO APPROVE DENY AkEA,VARIANCE
Z-AV-5-2,018, HWP Devetc prent, LLC Q2hM. Rock.etsl Introduced bywho moved for its adoption,
seconded by
Duly adopted this 1 r day of January 2018 by the following vote:
AYES:
NOES:
Town of ueensllbtary 'forting Board of Appe is
Community Development Department taff Noties
Area "Variance No.. -201'
Project Applicant- David Cohen. & Michelle Kaplan,
Project LocatvGm: 18 Crooked "free Drive
Parcel History. l''-SP-4-2018
EER Type: Type 11
Meeting Date. January 17,201
Description ofP'roprosed Project:
Ap"«plicant proposes to renovate:a 352 sq... ft. shed to a ,game room. Project includes raising the roof on a portion
of the building, adding one screened-in porch h at 192 sq. ft. and a front porch at 168 sq. ft. Relief requested �from
the maximum height restrictions and minimum setback requirements. Planning board: Site Plan Review is
required. for expansion of a nonconforming structure in the W. tonin,g district and Critical Environmental Area
(CEA)l.
Relief Required:
The applicant request relief ftorn minimum setback, height, expansion of a nonconforining structure,
requirements for the . 'zoning district.
Section 179-3-040 establishment of districts dirrnensional re uirernetuts
'The applicant proposes renovation of an existing,accessory structure to a game room. The new construction is
to be 1 f ft 9 in from the west side property line where a 25 ft setback is required.and 17 ft l in iu°olm the:front
property line where a 30 11 setback is required. 'The new height is to be 19 ft 10 in where 16 ft is the maximum
height for an accessory strructuure.
Criteria foreousidering an Area Variance according to Chapter 267 of Town 'Lam:
In nnalu:irna determination,the board shall consider:
I. Whether an undesirable change will be produced in the character of the neighborhood ora detriment
to nearby pnropuleir•ties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood may be anticipated.
. Whether the benefit sought by the applicant can be achieved, by some:method, feasible for the
appilicant to pursue,other than an area variance. leasable alternatives may be considered limited due to
the topography of the property and the location of the existing structure.
. Whether the requested area variance is substantial.r substantial. The relief requuuested may,be considered moderate
relevant to the code. 'flee side setback relief requested is 13.25 ft and the f'r'ont relief requested is l x.92 ft..
The height relief requested is 3.83 in above the height allowed,
4. Whether the proposed variance will have an adverse effect or impact on the phy-s,ie.al or
environmental conditions in the neighborhood or district. Minor impacts an the physical or
environmental conditions in.the neighborhood may he anticipated,
5. Whether the alleged difficulty was self-created. The difficulty may he considered sell"� reat d.
Staff eOMMent :
The applicant proposes to renovate an existing accessory structure, to a.game room. The plans show the existing
site conditions and associated buildings on.the property -a main home„ two guest cottages,, a shed to he removed
,and the shed to he converted to the game room. The new construction incturdes a new roof.line with the interior
area to be an open loft.area.., The project includes the additions of a new open deck area an enclosed porch area.
The plans also show a regraded green pathway to connect to the existing concrete walkway.
Zoning Board of Appeals
Community Development l p artm nt Staff Noties
Zoning Board of Appe,al,s—Record of Resolution
Town of uueernsbunr ' 742 Bay Road,Queensbury, NY 12804 (518)761-8238
°otm
Area Variance Resolution To. Approve/Disapprove
Applicant Name- David Cohen& Michelle Kaplan
File Number. AV-3-2018
Location: 18 Crooked Tree Drive
Tax Map Number: 239.154.9
, Meeting Date: Wednesday, David Cohen &Michelle Kaplan
The Zoning Board of Appeal,s of the Town of Queensbury has received an application from David. Cohen
Michelle helle Kaplan. Applicant proposes to renovate a 352 sq, ft. shed to a game room. Project includes raising
the roof orn a portion of the building, adding one screened-in porch at 192 sq. ft. and a front porch at 168 sq. ft.
Relief requested from the maximum height restrictions and minimum setback requirements,. Planning board:
Site Plain Review,is required for expansion of a nonconforming structure in the NM zoning district and Critical
nvirornrtnerntal Area(CEA).
ReliefRequired:
The applicant request relief from minimum setback,height,, expansion of a nonconforming structure,
requirements for the WR zoning district..
Secti 179-3-040 establishment of districts dimensional Eguirements
The applicant proposes renovation of an e.xisting accessory structure to a gamine room. The new construction is
to be 11 ft 9 in from the w est side property lime where a,25 ft setback is required and 17 ft l in frornn the front
property lime'?where a 3 ft„setback is required. The new height is to be 19 fl 10 in where 16 ft is the maximum
height for an accessory structure.
SEQR Type 11 --no further reviewer required;
A public hearing was advertised and held on January 17, 201
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 Cole and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
dI@..I l"`l'f i 1'L' O C .t ll: 1::1 BY 'l.°AFT
1. There is / is not, an undesirable change in the character of the neighborhood nor a detriment to nearby
properties tecauuse
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 his is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood e
district?
5, 1s the alleged difficulty i P is not self-created became
. In addition the Board finds that the benefit to the applicant from granting the requested arianceLind
ut ref h rival ! would be outweigh
A, denial they 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)
h x
e adherence to the items outlined in the follow-up:letter.sent with this resolution.
BASED HJT TH ABO E FINDINGS, I MAKE A MOTION TO APPROVE/DENY ARE&VARIANCE
Z- -3-2018, David Cohen & Michelle Kgplan, Introduced by , who rnnve>d for its adoption, seconded by
Duly adopted this 17'b day of January 2018 by the following vote:
AYE'S:
'1