Loading...
Staff Notes Packet ZBA Wed., September 19, 2018 Staff Notes ZBA Meeting Wednesday, September 19, 2018 Queen Queensbury ZoningIBoard of Appeals Agenda iww ee in : Wednesday, September 1 , 20118 Time: 7':00- 11:00 ism Queensbury Activities Center-742 Bay Road Agenda s,ulbject to ichainge land iaarua y be folund Ott: www.queensbu_ury.n t Approval of meeting minutes* .Attgo t 22, 201 Administrative hernns. Request for Extension ofAppnroval. Area.Variance ;-AV-4 - 017Richards;(Shed)at 65 Hicks Road Area Variance -A -67- 017 Richards(Fenno at 65 Hicks Road Further Tabling P"endirn "ro w^rn Board Action Area Variance -A -2S-2017'Seaton Property Holdings,„LLu ( -1, Tree Wa Works), 308 and 310 Corinth Road OLD BUSINESS: Applicant(s), J2 nthia Didio Area,Variance lMlo -14-2Cp111 Ownt s JoH &f >thia Llidio SEQNA T 11 A ens a Lot Size 0.17!Acre d Location 2966 State Rolute 9L Zoning VVR Ward ,rax Id I 1 239.20-1-7 Section 179-3- ; 179-13- 10 Cross fi P-SPm1 2018;AV 34­2001 AV 26-2 7 Warren CGUM Planning June 201 Public He9A Adirondlnck Par1c a4 nr: AL,IC Project Description Applicant revised application for second,story addition to be 36 ff.9 in.Applicant proposes construction of a 560 sq. ft, second-story residential addition to existing 1,096 sq,ft,(footprint)home. Home Is 2,056 sq_ft,(floor area)currently and proposed fluor area with addition will be:2,616 sq.ft II requested from minimum setback requirements,floor aurear ratio requireunent.',and height restrictions in the WR zoning district,. Planning Boar& Site Plan Review required for expansion of'a nonconforming structure in aa,Critical Environmental Areas !(cant a hristo leer Dwyer Area Variance No -AV-42-2015 Owner(s) _§EQRA T n 11 A east s Stefanie L1iLallo Bitter, 1?, .BPSIL 1Lot Size 1.,37 acres Location 1232West Mountain Road Zoning MDR Ward No. Ward I Tax Id No 2811.-11- 5 Section 179-3-040 Cross Ref n/a Warren County Planning Juune 2O15' Public Hearing June,27,2018,August 22„2018 Tdbled to Adirondack Park Agency ry, Sept l '2a 018. Project Description Applicant puroposes taro maintain two sinec4arnily dwellings ran a,1.37 acre parcel, 1,632 sq.ft,(footprint)and 1„140 sq.fL (footprint). Requesting,the second dwelling to be as guest cottage and not to he rented. Relief requested from rninirnuurn lot sine restrictions for I each dwelling unit located in.the MDR zoning district„rn:ininxaurn requirement is 2-acres pear d ^ lling unit. Also.relief requested from restriction that allows only one dwelling unit per lost in the MDR gone„ NEW H'I1SIN Applicant(s) It heed Slaatti(King Hendrick Motel) Area Variance No Z-AV-451-201 IS Owner R sheed Shard SEQRA Type B A -ent.s n/a Lot Size 3.95 Acres Location 1602 Striate Route 9 Zoning! ct '4l4`"ard No, Ward I 'faux lid No 288.8-1-11.2 1 Section 179 3-04 Cross Ref P-SP-46-2018 SP Pz-1:5 3-2016 Waarreu Count lPlannin ember 2018 Public Hearing September l9.2C11 S Ad alroud� 1u Park A euue tntaa Project Description Applicant requests to nanintauin a Isting improvements to Cabin I at 270 sq,ft.with a 132 sq.ft.deck,Cabin 2 at 294 sq.ft, witb a 144 sq.1t.deck. Project work for Cabins I thru 7 include extending tine roof over the porch area and front area of the cabins., Project a,so includes removal of an existing 75 sq.IL storage area on the Main Motel Unit building to construct as 4;20 sq.it.storage building,addition to the rear of tlue building,Project al;�o maintains previous site plan to construct 4 additional cabins'SP P';Z. 153-241 fu and assoeiatcd site work. &plickTg1 luas a ti a units dour gains 3b 4,sand 5� renovations in same footprint.V4iaance for Cabin 2 requires,setback relief; Ise 1 of 2 Queensbury Zoning Boar of' Appeals +tiro ; Wednesday, Seplernt>er 19, 2018 T!mie: 7,00- 111 00 p r Queensbuty Activitles Center-- 742 Bays Rood Agenda subject to change and may be found at: .qu nsbut ,.n-net Applicant(s) Daniel Hajeck Aurea.Variance No Z- V-511-2.fa18 Owne s Daniel 11a"ecln SEQRA Type 11 A en s Donald Pidgeon.Jr, Lot Size 1-48 Acres Location 520 Corindi Road Zoning MDR Word New Ward 4 Tax 1d No 3f1$.1.'5-1-2, Section 179-3-- q 179 -050 r s',1tef 5B Prelim. 1 -21i18;SI3 P°inal 17-'211115 Warren,Count Planning Se teuaber 2018 Publicilearing I September 19§2018 Adirarrdack Park Agency j nn/a Project Description Applicant proposes a two lot subdivisions where Lint 1 (0.61 acres)will have a shared driveway with Lot 2(0,73 acres). Lot 1, contains an exi0n g home and is to remain. Lot 2 is to be developed for a single-family dwelling. Belief requested from minimum road fronta c uircrnents,and lent sign'restrietions ftnr tlnc iwl:lylt Bonin di riet. Plannin fl roard: Subdivisions review re uired. Applicant(s) John Kokoletsos Akren Variance No Z-AV-60.2018 Owner^a John Kokoletsos S 1 11 A nt s Hutchins ii'nv irneerq BPSR-.,VanDusern 'Stever Lot Size_ 4,28 Acres,per s!! Location 132 Montray Road Zoning MDR Ward No,. Ward 2 Tax fd No 296,13-1-26 $"blo r 179'm3�040A 'Crass Ref SB Prelims. 18-2018 Warren 'nun Planning rn/a Public Hearing bcr 19 2018 11 Andirandack Park A n1a Project Description Applicant proposes a Not subdivision of a 6.23 acre parcel.. One lot off on Pincerest is to be 2 acres and proposed to have 50 If.,of road frontage. The sand lot is to be 4.28 ancres and to maintain,existing house and acre",to Cn''lontray(load. R!elicf uested from road front c re uiremien for lot 2. Plannin board: Subdivision review is rNuired for the newly crud lots. licairn s Tcbrn R.Buchanan area Variance No Z-A -61-2t11i1 1'3nwne s John R,.Buchanan;'fr ust SE RA.Type 11 A ens Jarrett Engineem,MIX Lent Sin 0.75 Acres Location �66 Reardon Road Zoning WR "ll i Cho* Ward 1 'Tax Id No 2119,11-1-35 Section 179-1 -i1i0; 179'-3-04 Crossi f 5:P -2 11x Warren Corm Planningn)a, Public earirr 5e ternber 19 2fn1S A ir^ondlabk Park Agency n M EProject Description Applicant pmposcs to convert an existing 92.3 sq,fl.opera porch to a screened porch. The pmiect also includes construction.of wheelchair rewrap front the borne to the boathouse to be 34 k 2 in,.in length. Belief requested frrnrn the minimum shoreline setback requirements,for accessory structures in the W zoning district. Planning Board; Site Plan Review required for bardsurfaei;ng within 50 I of the shoreline and expansion of a nonconforming structure, , lican s GEMEy Garaufaio Area Variance No , '-6 -2falfl DA eemae r's s fo [ Jonathan C.Lapper 0 PS11 Lot Size I.74 Acres Location 375 Luzerne Read Zoning MDR ''Pu°ard No. "hard 4 Tax Id No 308-11-1-49:21 Section 179-3-040 Cross lief Sii 9-2010 two-lot swubd,.„AV 33-20,10; Warren County Planning a Public lri AD Sf 3-2316 ea Adirondack Park Agencyuna Pr eject Description Applicant proposes a lot line adjustment to parcel 308.11-149.21 From, 1.74 acres to,1.23 acres, Relief requested frorn the 2,acre teat size requirements for the MDR zoning district Planning Boord: Subdivision Modification review required for an approved. au.bw:liwisaran. Any further(business that the Chairman determines may be property brought before the,honing Bound of Appeals. Rev iscd Agenda:updated 9.5.2,01S(Admin.Item Seaton Property Holdings added to agenda), Page 2 of 2 Zoning,Board ofAppeals_Record of Res lotion Town of Queensbury 742 Bay load + uu anusburr , NY 12804 18) 761-8238 �E"V1a gat a as ara Area Variance Resolution To: Approve Request for Extension of Approval (SHIED), Applicant Nam Stephen H. & Deborah.A. Richards File Number'. Z-AV-43-2017 Location: 65 Hicks Road Tax Map Number: 97.7-1- , IAA Meeting Date: Wednesday, September 1 , 01 The Zoning Board of appeals of the Town, of Queensbury has received a request for an extension of approval al Itorrr Stephen ". & Deborah A. Richards for the shed which was originally approved with conditions on December , 2017 BASEI ON THE ABOVE FINDINGS, I MAKE, A MOTIONTO APPROVE T14 RE-QUEST FOR E TEN' I '"F APPROVAL FOR AREA YARIANCE Z , - -2017 Sty hen 14. & DgbQrah A. Richards Introduced b . who moved for its adoption,, seconded Duly adopted this Wh day of September 201,8 by the following vote: AYES: NOES. Zoning hoard of Appeals -- Record of Resolution Town ofQueensbury 742 Bayload Queensbury, NY 12804 1 7 1-8 Area Variance Resolution To: Approve Request for Extension f`Approval (FENCE) Applicant Name. Stephen.H. & Deborah ., Richard File Number. ,AV- 7-201 *: Location. 65 Hicks Road Tax lap Number: 2973-1DI -26 B A Meeting Date. Wednesday, September 19, 2018 d , 4o:�t The Zoning Board efAppeals of the,Town n of Queensbury has received m request for an extension of approval from Stephen H. & Deborah A.Richards for the fence which was originally aplam ed on October 18, 2017. BASEDABOVE FINDINGS, l MAKE MOTION 'TO APPROVE THE RE QUESTFOR EXTENSION OIL APPROVALfOR AREA VARIANCE Z-AV-67'-2017 Stephen H.,,& Iebnrab A. Richards„ Introduced b who moved for its adoption, seconded Duly adopted this 1 d' day ef'September 2,018 by the following vote. AYES; NODS Zoning Roard of,Appeals—Record of Resolution To of Queensbury 742 Bay,Road Queensbury, NY 12804 (518) 761-1 , 'hywa of(tyLeashajry Area Variance Resolution To: Table Applicant Name: Seaton Property Holdings, LIX (A-1 Tree Works) File Number: Z-AV-28-20�17 Location- 3 0 8 and 31 Corinth Road p*Tax Ma Number- 3 08.16-1-5 5, 5 8 and 61 ZBA Meeting Date: Wednesday, September 19, 2018 The Zoning Board of Appeals of the Town of Queensbury has received an application from Seaton Property Holdings, LLC,,(A-1 Tree Works). Applicant proposes operation of a wood processing facility with a.new 15,000 sq ft enclosed pole barn for wood products and to install two 1,�200 sq. ft.. kiln units on the site. Project includes merger of lots 308,.16-1-S5, -56, ,-58 & 6 1, Project includes continued auto facility, for C&r J automotive. Project includes already in use new storage area, nuuntaining 4 existing,buildings on the merged properties, additional clearing, installation of a gravel parking area and material storage area(logs, woodcluips etc). Relief requested from minimum lot size requirements for the firewood processing facility in the CLI zoning district were 100,ac is,required Planning Board: Site plan and Special use permit for lighting manufacturing of wood products for a logging processing company. The applicant requests relief from minimum lot,size required for a sawmill, wood product operations, and firewood processing facility in the CLI zoning district were 100 ac is required. 179-10-010 Special Use Permit Criteria for Commercial light industrial zone. The applicant proposes a wood product operations(Defined as SAWMILL, CHIPPING and PALLET MILL- Any building, site or place used for the cutting or milling of raw timber into dimensional lumber, pallets, chips or other wood products.)where: 100 ac is required and the existing site is 9.4 ae, SEAR Type II—no fiziber review required; A,public hearing,was advertised and held on Wednesday, April 19,, 2017 and,Left,Open; BASED ON THEABOVE F 2LQ�INGS IMAKE A M-OT10 N' T 0 TA,BLE A RF�A VARIAN, E C Z-AV-28-2017, Seaton PmpgM Holdings, LLQ (A-1 Tree Works L Introduced by who moved f6r its adoption, seconded by until the October2018 meeting,with,pertinent infotmation.to,be submitted by Duly adopted this Wh day of September, 2018 by the following vote: AYES: NOES: 'Town of Queensbuiry Zoning, Board of Appeals Communit ellopment Department Staff INotes Area Variance Igo.- 14-201 Project Applicant: Joseph & Cynthia 11idio Project Location 2%6 State Route 911, Parcel History- P- P-10- 01 x AV 34- 3 AV 26- 007 SEQR Type: It Meeting Date: September 19,2018 [Description of Proposed Project:.] ect; Applicant revised application for second story addition to be 36 ft. 4 in, Applicant proposes construction of a 560 sq. it. second-story residential addition to existing 1,096 sq. fto, (footprint) home. Acme is 2,056 sq. (floor area)currently and proposed fluor area with addition will be:2,,616 sq. ft. :Relief'requuested from minimum setback r uriremeruts, floor area ratio requirements and height restrictions in the WR zoning district. Planning Board: Site Plan Review required for expansion of nonconforming structure in a Critical Environmental Area. Relief Re �irveds The applicant requests.relief from expansion of a nonconforming strurctuure, floor area,height and from minimum setback requirements for such structure in the WR zoning district, 179-3-040 Dimensional Re uuirernernts The applicant proposes to construct a 560 sq ftsecond floor addition. The addition is over an existing main.floor -on the north side the setback is to be 6.83 ft where a l ft setback is required. The proposed height,is to be 36 ft 9 in. where 28 ft is the maximum allowed. The floor area is increased from 2,056 sq ft to 2,616 sq ft where 1,613.7 sq ff. is the maximum,allowed. Criteria for cornsi4erin an Area Variance according,to Cba to 2,67 of In making a determination, the board shall consider. 11. Whether an undesirable change will be produced in the character,of the:neigbho.rhood 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 new addition,is over an existing main floor. 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 addition. Other altermatives may be limited due to the location,of the home on the parcel and size of the existing home. 3. Whether the requested area varia"ve is substantial. The relief requested may be co nsidered.rnoderate to substantial relevant to the code. Relief requested for side setback is 8.7 ft, and Floor area relief is 13 % in excess, 3 %. . ' "heftier the p q used variance will have an adverse effect orimpact on the physical or envirronrnental conditions, in the neighborhood or district. The project may be considered to have minimal impact. . Whether the alleged difficulty was self-created. The difficulty may be considered self-created,. Staff"comments: The applicant proposes a 560 sq ft second floor addition to an existing home. The elevation plan was reprised and now shows the existing decks :and each side of the building, with the new addition, ro Hine„ and windows. ows.. The applicant has provided a floor plan showing, the new second fluor with -bedrooms., The applicant has explained .the roof water runs off to splash black with gravel aprons to prevent hillside erosion.. In addition, the existing ground —cover and stone retaining walls are to remain in place also to prevent erosion., The applican,t. has indicated the construction materials would be staged in the driveway.and the existing deck stairs and interior of the home will be used to move materials needed for the construction. The septic system was recently upgraded with a new tank for up to 4-bedrooms. honing Board of Appeals Community Development Department , t ft Notes Zoning,Roa rd of Appeals—Record of Resolution Town of Queensbury'742 Bay load ueensbur " NY 1 4 18) 7 1- 2 '8 d(JIM d(jymnsbary Area Variance Resolution To: Approve 0 Disapprove ApplicantName: Joseph Cynthia Didio Filar Number: -AV-14- 01 Lactation: 2966 'State Route 9L Tama MapNumber; 39. 0-1-7 ZH 1' eetin Date. Wednesday, September 1 , 018 The Zoning Board of ppeals of the Tower of Queensbury has received an application from Joseph & Cynthia Didio. Applicant revised aapplic,atio n for second story addition to be 36 ft. 9 in., Applicant proposes construction of s 560 sq. ft. second-story residential addition to existing 1,096 sq. ft. ,footprint)home. Home is 2,056, sq. ft. (floor area)currently and proposed flour area with addition will be 2,616 sq. ft. Reliefrequaested from minimurn setback requirements, floor area ratio requirements and height restrictions in the WR zoning district. Planning Board: Site Plan Review required for expansion of a nonconforming structure in a Critical Environmental Area. Relief Required: The,applicant requests relief ftom expansion of nonconforming suture, floor area, 'height and from minimum setback requirements for such structure in the WR zoning a district. 17 -040 Dimensional l .e uuirem ents The applicant proposes to construct a,560 sq ft second floor addition. The addition is over an existing main floor -on the north side the setback is to be 6.83 ft where a 15 ft setback is required. The proposed height is to be 36 ft 9 in. where 28 ft is the maximum allowed.. The floor area is increased from 2,056 sq ft to 2,616 sq f1 where 1,613.7 sq fie is the maximum m allowed. EQR Type 1:1—no further reviews required:; ,public hearing was adverti,sed and held on Wednesday,dune 20, 2018 and left open; Upon review of' application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 17 -1 T '80(, ) of'the Queensbury Town Code.and Chapter 267 ofN S Town.Law and after discussion and deliberation, we fired as follows. Pl',lt 11-1E'DRAF ROVIT lvpD BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a dea.mm�ent to nearby properties because .. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimum the .req uuest OR ire no uassibluw� 3. he requested variance is / is not substantial because 4. There is / is not an adverse i,mpaot on, the physical or environmental conditions in the neighborhood or district? 5. 'The alleged difficulty is/is not self-created, because 6. In, addition the Board finds, that the benefit to the applicant from granting the requested variance would outweigh t t , the health, safety d (4pproval) I would be outweigLhed by �denial) the resulting detrim, en o an welfare of the neighborhood or community; 7. The Board also finds that the:variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASEDON THE,ABOVE FINDINGS, I MAKE A MOTION'TO APPROVE/DENY AAA VARIANCE Z7 -14-201$, josenh nthiun I idiun, Introduced by 0 0 S cc �.ded by ...... wh moved fir it adoption, s on Duty adopted this 19'day of June 2018 by the following vote: AYES: NOES, 7%71 Town of Queensbury Zoning Board of Appeals Community Development Department Staff two Area Variance No,. 42-2018 Project Applicant- Christopher Dwyer Project Location: 1232 West Mountain Read Parcel History. n/a SEQR Type; Type H Meeting,Date: September 19,2018 Description of Proposed Project: Applicant proposes to maintain two single-family dwellings,on a 1.37 acre parcel; 1,6 sq. ft. (footprint) and 1,140 sq. ft. (footprint). Requesting the:second dwelling to be a guest cottage and not to be rented. Relief requested ftorn minimum lot size restrictions for each dwelling unit located in the MDR zoning district; minimum requirement is 2,acres per dwelling,unit. Also, relief requested from restriction that allows only one dwelling,unit per lot in the MDR zone. JR,el.ief,Requ The applicant,requests relief from number of dwelling unit, located on one parcel in the MDR zoning district and the lot size requirement for 2 dwelling units., Section.,1 79-3-040 establishment of districts-dimensional re g uirements—moderate density residential zone The:applicant proposes to maintain two existing dwelling units witb one dwelling to be the main home and the other dwelling,to be considered a guest cottage not to be rented. The MDR zone requirement is 2-acres per dwelling unit. Also, relief requested from restriction that a]lows only one dwelling unit per lot in the MDR zone. Criteria for considering an Area Variance accordi!j 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 character may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered to convert the detached building back to a gamge as was previously permitted. Also, the applicant at this time has,an existing approved building permit 1 -0467-201 8 to remove all kitchen appliances, utilities for appliances, countertops,and cabinets (except for small countertop associated with sink). 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. Relief requested is 2.63 acres and for a lot to have two dwellings 4. Whether the proposed variance will have an adverse efeet or impact on the physical or environmental co,aditionsin the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to maintain two,existing dwelling units with one dwelling to be the main home and the other dwelling to be considered a guest cottage. The applicant.had explained to the board previously that he purchased the property not aware the two homes were not previously approvied. The plans show the location of the two hornes on the parcel. The separate building was previously approved as a garage:had been converted witho t appropriate approvals to another dwelling unit by the previous owner. Zoning Board of Appeals Communily Development Department Staff' Notes Zoning Board of Appeals—Record of Resolatio Town of Queensbury 742 Bay Road Quueernsbuury,NY 12804 ( 1 7 1-8238 "�aua,Raa s�f`S: c^�ras#war� Area Variance Resolution To: Approve Disapprove ..o Applicant Nall r e. Christopher Dwyer File Number- Z-AV42,-2018 l✓„oeatienr. 1232 West l :unwrngtanrn Road Tax:Map Number: 8.4-65 ZRA Meeting Date: Wednesday, September 1' , 01 The Zoning board of Appeals of the Tower of Queerusb pry has received an,application from Christopher Dwyer, Applicant proposes to maintains two, single-family dwellings on a 1.37 acre parcel; 1,632 sq. ft. (footprint) and 1,14 sq. ft. (footprint). Requesting the second dwelling to be a guest cottage and not to'be rented. belief requested from minimum lot size restrictions for each dwelling unit located in the MDR zoning district; mimmum.requniremetnt is -ancn s per dwelling unit, Also, relief requested,from restriction that allows only one dwelling unit per lot in the R 7zne. Relief Required: The applicant requests relief from number of dwelling unit located on one parcel,in the MDR zoning district and the lent size requirement for 2 dwelling units. Section 1 -3-040 establishinen7t of districts-dimensional requirements-moderate dens ty residential zone The applicant proposes to maintain two existing duelling,units with one dowelling to be the.main'home and the other dwelling to be considered a guest cottage not to be rented. The MDR zone requirement is -acres per dwelling unit. Also, relief requested from, restriction that allows only one dwelling unit per lot in the MDR zone,. SEQR,Type 11—no further review required; public hearing was advertised and held on,Wednesday,June 27, 2018 and left open-, Upon review of the application materials,, information supplied during the public heaurinng, and upon consideration of the criteria specified in Section 17 -1 4-d 8,0(A) of the C uueennsbuary T'ow n Code and Chapter 267 of NYS Town Law and after discussion.and deliberation, we find as follows: P 1 ."11-1E DRAFT Pl t lDI'l"," BY ° l- 1 There is / is not an. undesirable change in the character of the neighborhood nor a. detriment to nearby properties because '. Feasible:alternatives, are e and have been considered by the Board, are reasonable and have been included to minimize tine request OR,are not possible.. 3. "lie requested variance is/ is not substantial because 4z There is � is not an, adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/ is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting, the requested variance would orutweigh (approval) / 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 minimum necessary; 8,., The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent witb this resolution. BASED O'N'THE ABOVEIINDM& I MAKE A MOT! TQAPPROVE/DENY ARICZA 3LAMNCE Z-AV-42-2018 �C hjisto her Dyevv oduced by mov, who ed for its adoption, seconded by . __2 --_ -r, Intr Duly adopted this I S;�h day of September 2018 by the following vote�- AYES: NOES: §tz Town, of Queens,bury Zoning Board of Appeals Communify Development Department Staff Notes Area Variance No.: 45-2,018 Project Applicant: Rasheed Hhatti ()Gng Hendrick Motel) Project Location. 1.602 State Route 9 Parcel tort'- P-ISP46-201,8; SP P7453-2016 SEQR Type: Type 11 Meeting Date: Septem her 1.9,2018 Description of Proposed Projec Applicant requests to maintain existing improvem,ents,to Cabin 'I at,270 sq. ft..with a, 132 sq. ft. deck, Cabin,2 at. 294 sq. ft. with a 144 ,sq. ft., deck. Project work for Cabins I thru 7 include extending the roof'over the porch area, and front area of the cabins. Project also includes removal, of an existing 75 sq. ft. storage area on the Main Dotal "snit building to construct a 420 sq, ft. storage building addition to the rear of the building. Project also maintains previous site plan to construct 4 additional cabins SP PZ 15 -2016 and associated site work. Applicant has active permits, for cabins 3, 4 and 5; renovations in same footprint. Variance for Cabin 2 requires setback relief. J Relief Required:J The applicant requests,relief from setback, for Cabin 2. Section 179-3-040 Dimensional Requirements The applicant vests to maintain the additions to Cabin 2 where the building, is located 6.5 .ft where a 20 ft setback.is required. Criteria for considering an Area Variance, according to,Chapter 267 ofTorn lGau�. In making a determination,the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of'this area variance. Minor to¢no impacts to the rneighborhood inay be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered to relocate Cabin 2. The plans, from 2016 indicate Cabin 2 location did not meet the:required setback. & Whether the requested area variance is substantial. The refief requested may be considered, substantial, relevant to the code. Relief is requested for side setback of 13.5 ft& 4. Whether the Proposed variance will have an adverse effect or impact on the plr sio l or environmental conditions in the neighborhood or district. Minor impacts on the physical Or environmental conditions in the neighborhood may be anticipated. The applicant will need to stabilize the disturbed soiled on the entire site including behind bins i and 2 . 5. Whether the alleged difficulty was self created. The difficulty may be considered self-created. Staff enrrr :mset the applicant has completed exterior renovations,on the lodging.and cabin buildings. The applicant requests,to maintain existing iunnprovemeunts to Cabin 1 and Cabin 2 and to request Cabin 2 to, maintain the 6.5 ft, setback. The applicant was notified f the?onin Code violation for starting work without appropriate approvals including a building permit„ site plan and an area variance reivews. Zoning Board of Appeals a-unitC�omyDevelopment Department Stuff Notes all, Zoning Board of.Appeals-- Record of Resolution Town of a ueensbu ry 742 Bay load Qaee.unsbury,NY 12804 ( 18) 7 1- 3 "iown,ffltlrunsfxrry Area VarianceResolution To: Approve 1 Disapprove .Applicant Name. Rasheed 13hatti (King Hendrick Motel) File Number: -A. - - 01 Location. 1 6,02 State koute 9uF� Tax,heap Number. 88,' -1-11, Z A Meeting Dater 'Wednesday, September 19, 2018 The Zoning hoard of Appeals of the Town of Q ueensbuzry has received an application from Rasheed 13h,atti {King Hendrick Motel).. ,Applicant requests to maintain existing improvements to Cabin 1 at 270 sq, ft. with,a. 132 sq. ft. deck, Cabin 2 at 294 sq. ft. with a 144 sq. ft. deck. Project work for Cabins '1 thrun"7 include extending the roof over the porch area and front area,of the cabins. Project also includes rem.oval of an existing 75 sq ft. storage area on the.Main ain hotel Unit building to construct a 420 sq. ft. storage building addition to the rear of the building. Project also maintains previous,site plan to construct 4 additional cabins SP PZ 15 3- 016 and associated site work. ,Applicant has active permits for cabins 3, 4 .and ; renovations in same footprint, Variance for Cabin 2 requires setback,relief. Relief Required,. The applicant requests relief morn. setback for,Cabin 2,. Section 1 ' -,3-040 Dimensional Requ rerrnents The applicant requests to maintain the additions to Cabin 2 where the building is located 6.5 ft where a,ill,ft setback is required. SEQR Type II—no further review required;, .A.public hearing was advertised and held on Wednesday, September 19, 2018; Upon review of the application materials, information supplied during the public heari:n , and upon consideration of the criteria specified in Section 179-1 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 PROV IMD BY STAFF 1. There ;is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because ]feasible alter atives are and have been considered by the board, are, reasonable and have been included to minimize the re nest ORare not ossible. 3. The requested variance i / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/ids self-created because 6. In addition the Board finds that the 'benefit to the applicant from granting the requested variance would outweigh, (qpprovaj) / would be putweighe by (denia.1) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board, also finds that the variance request under consideration is,the minimum necessary; 8. The Board also proposes the following conditions- a) b), c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON'THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE 1,DFNYAREA VARIANC Z-AV-45-"18, Rasheed Bhatti ing Hendrick Motel , Introduced by,(Kj who moved for its adoption, seconded by I Duly adopted this 191h day of September 2018 by the following vote: AYES: NOES: 'Tow rn of Queensbury Zoning Board of .AppeaIs Community Development Department Staff Notes Area Variance.No.: 8-2 1'8 Project Applicant: aanuiael ,aajeck PFDjCCt LarRtion 20 Corinth Road Parcel History. SB Prelim. 16- t'8* SE Final 17-201 E�QR,Type: Type II Meeting Waite: September 19,201 Descrietion,of Proposed Project Applicant proposes a two lot subdivision where Lot 1 0.61 ,acres) will have a shared driveway with Lot 2 0.2 acres). Lot 1 contains an existing,home and is to rernua rn. Lot 2, is to be developed for a single-family dwelling. Relief requested from minimum m.road frontage,requirements and lot size restrictions for the: MDR zoning, district. Planning » Subdivision review required. Relief' nired� The applicant:requests relief from minimum road frontage requirements,and lot size restrictions for the MDR zoning distriet. Section 129- -040 DimensignaLEMirements The applicant proposes the Lot 1 to be 0.61 me and Lot 2 to be 0.7 acres were 2 arc is required in the MDR zone if parcel is not connected to both sewer and water,. Section 179-4-0,50,Frontage The applicant proposes Lot 2 to have: ft of road frontage 'here a 1,00 ft is required in the MDR, torte. The applicant also plans a shared driveway where the drive is looted on Lot 2 not centered on'both peels.. Criteria for considering an Area Variance ao ordirng to Chapter 267 of"Town Law: In making a determination,n, the board shall consider. I. '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 pars ane,other than an ;area variance. Feasible alternatives may be considered tea have the driveway centered between the parcels. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate, relevant to the tirade. P.eliefrequaested for lot size 1. 9 for Last 1 and 1.27 ae for lot 2. Reiief is also required for road frontage for Lot 2 for 50 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal impact 5. Whether the alleged difficulty was siflf-created. The difficulty may be considered self-created. [Staff comments: The applicant proposes a two lot subdivision. of a I,3 4 ac parcel where Lot I of 0,61 ac: will maintain an existing bome and Lot 2 of 0.73 ac is to have a new home tea 'be constructed. The survey shows the subdivision of the: parcel, location of septic to be installed for lot 2, the approximate house location, and a driveway to be accessed to both lots. Zoning Board' of ,Appeals Community Development Department Staff Notes Zoning Board of appeals—Record of Resolution n Town of Queensbury 742 Bey Road Queensbury, NY 12804 '76 1- 8 "Miami of(twc^nsbLFF Area Variance Res,olution To: Approve Disapprove pprove Applicant Name. Daniel 1-Tajeck File Number: ;-AV- - 01 Location- 520 Corinth Road �- .'.� �u������� �'" r :Tax Map Number: .1 -1- ZBA Meeting Date: September 19,, 2018 The Zoning Board of ppeals of the Town of Queensbury has received an application, from Daniel,Hajeelu. Applicant proposes a two lot subdivision where Lot 1 (0.61 acres) will have a shared dnveway with:Lot 2 0.7 acres). Lot l contains an existing home and is to remain. Lot 2 is to be developed for a single-fitmily dwelling;. Relief requested from minimum road frontage requirements,and lot size restrictions for the NIDR zoning, district. Planning Board- Subdivision vision review required. eltet' eq utr ; The applicant requests relied'from minimum road frontage requirements ,d lot size restrictions for the MD zoning district. 'ecti 1 -f940 Dimensional requirements The applicant proposes the 'Lot 1 to be 0,61 ac and Lot 2 to be 0,73 acres were ac is required in the MDR zone if parcel is not connected to both sewer and water,. Section 174- Frontage The applicant proposes Lot 2 to have 50 ft of road frontage where a 100 ft is require, in the MDR zone. The applicant also plains a shared driveway where the drive is located on.Lot 2 not centered on both parcels. EQ R Type 11 =no further review required, public hearing was advertised and held on Wednesday, September 1 , 2018; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria.specified in Section 17' -14- huh(, ) of the Queernsbuar, "T'o n Code and Chapter 267 of NYS Town Law and after discussion and; deliberation, we fiend as followvs;. BY STA14F 1. There is / is not; an undesirable: change in the character of the neighborhood nor a detrim, ent to nearly properties because . Feasible alternatives are and hawse,been considered by,the Board,are reasonable and have been included to mininni a the request OR e not possible. 3. The requested variance is /is not substantial because 4. There is / isrunt an adverse impact on the physical or enviionmental conditions, in the neighborhood or district? 5. The alleged difficulty is /is not sel.1"-created because 6. in addition the: Board finds that the benefit to the applicant ftom granting the requested variance would outwe;jigh. (anvroval) / would be outweighed by (deniaD the resulting detrinient to the health,,, safety and �We—lfa-i;of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimurn necessary 8. The Board also p�roposes the following coiiditions-� a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS,I MAKE A MOTIONTO APPROVE/DENY AREA VARIANCE Z-AV-58-2018 Daniel Haijeck,Introduced by wbo moved for its adoption,, seconded by Duly adopted this 19"h day of September 2018 by the followin,g vote AYES: NOES: 'Town of Queens u y Zonlng Board of Appeals Community nit Development Department Shaft Notes Area Variance o.: 60-201 ProjectApplicant: John Kokoletsos Project Location- 132 Montray Road Parcel History- SH Preffin. 18-2018 : alb Type. Type 11 Meeting Date. September 19, Olt£ Description of Proposed Proeetµ Applicant proposes a 2-lot srt division of a 6.28 acre peel. One lot old`on Piraecrest is to be 2 acres and proposed to have 50 ft. of road frontage. The second lot is to be 4.28 acres and to maintain existing house and access to Montray Road. R.e;l.ef requested from road frontage requirements for lot 2. Planning Board- Subdivision n review is required for the newly created lots. Relief Required: The applicant requests relief from minimum road,frontage requirements for lot 2 of the MDR oning district. Section 1'79-4-050 Frorntaa e The applicant proposes ra two lot subdivision with the 2 aye parcel to have frontage,on Piarneerest of 50 R where a 100 ft road ftonta a is requirecL Criteria for considering an Area Variance,according to Chapter 267 of Intnaking o determination,the board shall consider: 1. Whether an undesirable change will be produced in the character~of the neighborhood or an 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 rneighborin properties. . Whether the benefit sought by the applicant can be achieved by some method,f as'ible for the applicant to pursue, other than an area variance. The feasible altemativesmay be limited dare arrangement of the existing home on the parcel. 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 neighborhl ood or district. The project as proposed may e 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 eurnrrre�ts. The applicant proposes as two last subdivision of a 6.28aac parcel. 'Lot l of 4,28 is to maintain the existing home and access to Mantra Montray Rd. Lot 2 is to be 2.00 aae where plans show as new home and access from Pineerest. Zoning Board of Appeals--Record of Resolution Town of Queensbury 742 Bay Road Qtieensbury,, NY 12804 4 18) 761-8238 Area Variance Resolution To,: Approve I Disapprove ,applicant Names; Johan Kok letse x File Number: -60Y 0l.& Location: l l' i 2 ntra load Tax Map Number: .1' _1-2 ZBA Meeting Date- Wednesday, September 19, 2018 The 7,oning Board of Appeals of the'down of Queensbury has received an application from Jobs, Kokoletsos. Applicant proposes a -lot:subdivision of 6.28 acre parcel. One lest off on Fine,erest is to be 2 acres and proposed to.have ,50 ft. of road frontage. The second lot is to be 4.28 acres and to maintain existing,house and access to Montray load. Reliefrequested from road frontage requirements for lot 2. Planning Board: Subdivision review is required for the newly created lots.. Relief Required: The applicant requests relief from minimum road frontage requirements for lot'lot'2 of the'MDR zonin,g distnctw Section '1 - - 50 Fp nta e The applicant proposes a two lot subdivision with the 2 ac,parcel to have frontage on Pine rest of.50 ft where a. 100 ft road frontage is required. E 1 Type I1 no further review regluired public hearing was advertised and held on Wednesday, September 1 , " 18 Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14- 80 of the Quee:nsbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows PER, THE DRAFT PROVMED BY STAFF 1,. There i, / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because . Feasible alternatives are and have been considered b the Board, are reasonable and have been included to minimize the request OR are not possible.. I The requested variance is/ is not:substantial because 4. There is his is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/ is net self-created.because 6 In, addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh, par al / wou.1d._be ogweighed by nia.1 th, safety and _fde___I the: resulting detriment to the heal welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is,the minimum necessary; 8. The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with,this resolution. BASED_ E , FINDINGS, I MAKE A MOTION TO APPROVE I VARIA DENY AREA DICE -QN,TH ABQYF Z-AV-60-2018 John,Kokoletsos, Introduced by >who,moved for its adoption, seconded by Duly adopted this Wh day of September 2018 by the following vote: AYES: NOES: ,d w of Queensbury Zoning Board of Appeals Community Development Department Staff INotes Area Variance o.: 61-2 1 Project Applicant, John R.. 1laclaaraaun Project Location, 6611uardon Road, Parcel History: P' 8-2td18 SEAR Type- Type H Meeting Date. September 1.9,2,0'1'8 1 ri ti+n of Proposed,Project.- Applicant proposes to convert an existing 92.3 sq, ft, open porch to a screened porch. The project also includes construction of a wheelchair ramp from, the home:to the boathDuuse to be 34 ff. 2,in. in length,. Reliefrequested from the minimum Shoreline setback requirements for accessory structures in the WR coning district. Planning Beard* Site Plan,Re iew required for hard surfacing within 50 ft. of the,shoreline and expansion.of a nonconforming structure. Relief urd: The applicant requests relief from the mimni rmu r n shoreline setback,requirements for accessory structures in the WR zoning district. Section 179-3® 40 Dimensional lie uairerrnemnts The applicant proposes enclosing,opera porch where the side setback is to be 6ft 10 in where a 20 ft is required and it is to be 27 fl 8 in from the shoreline where a 50 ft:setback, is required. The applicant also proposes to update a wheel chair ramp with a new wooden pathway that is about 34 ft 2, in in length and is,to be 3�ff 6 in width with a 4 R pride landing,area midway of the wooden path. The wooden path is to be located 3 ft 11 in from the shoreline where a 50 ft setback is required. Criteria for considering an Area Variance according to Chapter 267 of In making a determination, the,hoard shall cornsidaer:- 1. Whether an undesirable change gill he 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 -thee: benefit sought by the applicant can beachieved by some method, feasible for the applicant to pursue, other than an area variance. feasible alternatives may be limited due to placement of the existing building on the parcel and parcel shape. .. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested is 13 f1 2 in to the side property lime an.d 22 ft 4 in, from the shoreline for the open deck that is to be enclosed. The wooden pathway relief requested is 46 ft l in, 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or 4ristrivC The projett 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:I The applicant proposes to alter an existing home to enclose a 92.3 sq ft deck,remove some of the existing deck area,, and to redo the front entrance area with araised roof area,. In addition, the applicant proposes to Construct a,wood pathway from the existing driveway area to,the shoreline to help,a lc air bound client to access,the shoireline boathouse area of the property. Zoning Board ppeals Community Development Departmenf Staff Notes, Zoning Board of Appeals —Record of Resolution TownofQueensbury 742 Bay Road Queensbury,,NY 1 8 18) 761-8238 To vn Area Variance Resolution To: Approve/Disapprove Applicant Name: John R. Buchanan, File Number: Z-AV-61-201�8 9Dj;, bm Location: 66 Reardon Road Tax Map Number: 289.11-1-38 ZHA Meeting Date: Wednesday, September 19, 2018 The Zoning Board of Appeals of the Town of Queens bury has received an application ftom John R. .Buchanan. Applicant proposes to convert an existing 92.3 sq. ft. open porch to a screened porch. The project a1so includes construction of a wheelchair ramp from the home to the boathouse to be 34 ft. 2 in. in length. Relief requested from the minimum shoreline setback requirements for accessory structures,in the WR zoning district. Planning Board: Site Plan Review required for hard surfacing within 50 ft. of the shoreline and expansion of a nonconfonning structure. Relief Required: The applicant requests relief from the minimum shoreline setback requirements, for accessory structures in the WR zoning,district. Section 179-3-040 Dimensional Reguirentents The applicant proposes enclosing open.porch,where the side setback is to be Eft 10 in where a 20 ft is required and it is to be 27 ft 8 in from the shoreline where a 50 ft setback is required. The applicant:also,proposes to update a,wheel chair ramp with a new,wooden pathway that is about 34 ft 2 in in length and is,to be 3 ft 6 in width with a 4 ft wide landing area midway of the wooden path. The wooden patio r IS to be located t 11 in from the shoreline where a 50 ft,setback is,required. SEAR Type II—no further review required, A public hearing was advertised and held on Wednesday, September 19,2018; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 1,79-14-0,80(A) of the Queensbury Town Code and Chapter�267 of NYS Town Law and after discussion and deliberation, we find as follows: PER TI IE DRA FT PROY I DED 13Y STA FF 1. There is I 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 h.a been included to,minimize the request OR are:not possible. I The requested variance is /is,not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is,not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested, variance would outweigh (approval) / would be out3 Lei ghed 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 minimum necessuy; 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,(QN,THE ABOYE FINDTNGS. I MAKE A.MOTION TO APPROVE/DENY AREA VARIANCE Z-AV 61-2018 John R. Budhangn, Introduced by_,who movedl for its adoption, seconded by Duly adopted this l9d'day of'Septeinbcr 2018 by the following vote: AYES: NOES: "641 4 'p Town of Queens bury Zoning Roos of Appeals Community Development Department Staff Notes Area Variance No.: 62-2018 Project Applicant: Gregory Garafalo Project Location: 375 Luzerne Road Parcel.History: SB 9­2010 two-lot subd.; AV 33-2010; AD S,B 3- 0106 SEQR Type: T w It Meeting Date: September 19,2018 Description of Proposed Applicant proposes a lot line adjustment to parcel .1,1-1-49.21 from 1.7 acres to, 123 acres. Relief requested from the 2-acre lot size requirements for the MDR zoning district'. Planning Board: Subdivision Modification review required for an approved subdivision. Relief Required: , The applicant requests relief from lot size restrictions for the MDR zoning district, Section 179-3-040 Dimensional mguirements The applicant proposes a modification of an approved subdivision for two of the existing lots. Both parcels are 134 ac and Parcel 49.21 is to be reduced to 1.23 ac. Parcel.49.22 is to be increased, to 2.25 ac. Parcels are to be 2ac in the MDR zone if not connected to both municipal water and sewer. Criteria for considering an Area Variance according to Chapter 267 of Town,iauij In making a determination, the board shall consider: I. Whether an undesirable change will be produced in the ebaraeter of the neighborhood or a detriment to nearby properties will be created by the granting, of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved, by some method,, feasible for the applicant to pursue, other than an area varianm Feasible alternatives may be, considered limited dune to the lot configuration and location of existing home. 3. Whether the requested area variance is substantial. The re vest for relief`may be considered moderate relevant,to the code. The relief requested is 0.77 ac. 4. Whether the proposed variance wfll have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated., 5. Whether the alleged difficulty was self-treated. The difficulty may be considered self-created, Staff comments: The:applicant proposes to modify an approved subdivision to allow the remaining parcel to have more property. Parcel 49.21 will be reduced in size from 1.74 ac to 1.23 ac and the existing home and access drive to remain as is. The information submitted by the applicant shows the lot configuration proposed. Also, the applicant provided,a drawing of the approved subdivision showing the existing homes and the new house location on the adjoining parcel. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay load Queensbury,NY 1 804 ( 18) 761-8239 Area Variance Resolution To: Approve Disapprove Applicant Name- Gregory Garafalo ]File Number- Z- ," - - 1 �° Location: Luu me Road Tax Map Number: 308.11-1-49. ,1 A.Meeting Date: Wednesday, September 19, 2018 The Zoning hoard of Appeals of the Town of Queensbury has received an,application from Gregory Garofalo. Applicant proposes a lot line adjustment, to parcel 30 .11-1- 9. 1 frorn 1.74 ,gyres to 1.23 acres. Rel,ief requested from the -acre lot size requirements for the MDR zoning district. Planning Board: Subdivision Modificationreview required for an approved subdivision,. Relief Required; The applicant, requests relief from lot size restrictions for the MDR.zoning district. Section 179-3-040 Dimensional re uirernents The applicant proposes a modification of an approved subdivision for two ofthe existing lots. Both parcels,are 1.74 ac and Parcel 49.21 is to be reduced to 1.23 ac. Parcel .22 is to be increased to 2.25 ac. Parcels are to be lac in the MICR zone :if not connected to both municipal water and sewer. SEQR Type II—no further:review required; A,public nearing;was advertised and held on Wednesday, September 19, 018; Upon review, of the application. materials, inforounnation supplied during the public hearing, and upon consideration of the criteria specified inSection 179-14-1 0(A),of the Queensbury,Town Code and Chapter 267 f NYS Tow fain and after discussion and deliberation, we find as follows: PER ITIE DRAFI' PROVIDED BY STAFF 1. There is / is not as undesirable change in the character of the neighborhood nor a. detriment to nearby properties beauase I Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the re ues OR are not possible_. . The requested variance is/ is not substantial because . There is / is not an. adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/ is not self-created because 6. In addition the Board finds that the: benefit to the applicant from granting the requested variance 'would o( utweill 'a, rova )u a D_Z w9uld be out weigLhed, by (Lenial th,e resulting idetriment to the health, safety and welfare of the n6ghborhood or community; 7. The Board also finds that the variance request under consideration i's the minimum necessary; 8. The.BoI also proposes the following conditions: a) b) I Adherence to the items outlined in the follow-up letter sent with'this resolution. BASED ON THE ABOVE NDrNG , I MAKE A,MOTION TO APPROVE I/ DENY AREA VARIANCE 7-AV-62-2018 Gregory Garaf o Introduced by who moved for its adoption, seconded by Duly adopted this lq$ day of September 2018 by the following vote: AYES: NOES: