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Staff Notes Staff Notes Zoning Board October 23 , 2019 Queensbury Zoning Board of Appeals Agenda Meeting: 10/23/2019 Time: 7:00- 11:00 pm Queensbury Activities Center—742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Approval of meeting minutes: October 16,2019 NEW BUSINESS: Applicant(s) Richard Hackett Area Variance No AV 40-2019 Owners Richard Hackett SEQRA Type Type II Agent(s) n/a Lot Size 0.16 ac Location 416 Aviation Rd. Zoning NR Ward No. Ward 3 Tax Id No 301.8-2-37 Section 179-5-070 Cross Ref n/a Warren County Planning n/a Public Hearing October 23,2019 Adirondack Park Agency n/a Proiect Description: Applicant proposes to install a 45 ft.privacy fence,4 ft. in height,at the front of the property;intending to align with neighbor's shrubs on east and fence on west.Relief requested for type of fence in front yard. Applicant(s) Stephen&Sabrina Hitchcock Area Variance No AV 44-2019 Owners Estate of Gwen Perry SEQRA Type T e II Agent(s) n/a Lot Size 0.81 ac Location 537 State Rte. 149 Zoning RR-3A Ward No. Ward 1 Tax Id No 278.-1-34 Section 179-3-040 Cross Ref n/a Warren County Planning October 2019 Public Hearing October 23,2019 Adirondack Park Agency n/a Proiect Description: Applicant proposes a 3,118 sq.ft.single family home on a 33,500 sq.ft. lot in Rural Residential 3 acres. Project includes installation of new septic and well. Relief requested for setbacks. Applicant(s) Robert Mason Area Variance No AV 46-2019 Owners Robert Mason SEQRA Type Type II Agent(s) n/a Lot Size 0.97 ac Location 5 Chestnut Ridge Road Zoning MDR Ward No. Ward 1 Tax Id No 297.7-1-2 Section 179-3-040 Cross Ref AST 605-2019 Warren County Planning October 2019 Public Hearing October 23,2019 Adirondack Park Agency n/a Proiect Description: Applicant proposes to complete a 72 sq. ft.mudroom. Project includes removal of a portion of the patio for the mudroom,no other changes proposed.The existing home is 1,056 sq. ft. Relief requested for setbacks. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals. L:\Karen Dwyre-Zoning Office\Zoning Board of Appeals Monthly 2019\October 23,2019 Monthly Tasks\ZBA Final Agenda October 23,2019.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 40-2019 Project Applicant: Richard Hackett Project Location: 416 Aviation Road Parcel History: n/a SEQR Type: Type II Meeting Date: October 23,2019 Description of Proposed Project: Applicant proposes to install a 45 ft. privacy fence, 4 ft. in height, at the front of the property; intending to align with neighbor's shrubs on east and fence on west. Relief requested for type of fence in front yard. Relief Required: The applicant requests relief for type of fence in front yard. Section 179 -5-070-Fences The applicant proposes a 4 ft high privacy fence in the front yard where a privacy fence is not allowed in the front yard. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination,the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. The proposed fence may be considered to have minimal impact on the character of the neighborhood area. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to the purpose of the proposed fence. 3. Whether the requested area variance is substantial. The relief request may be considered to be substantial relevant to the code. The relief is for an opaque fence. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The requested variance may have minimal to no adverse impact of the environmental conditions in the neighborhood. 5. Whether the alleged difficulty was self-created. The requested variance may be considered to be self- created. Staff comments: The applicant proposes a four foot privacy fence to be located in the front yard. The plans show location of the fence with the intent to align with the neighbors' shrubs and fence on either side. The applicant has explained the fence would assist blocking views from stopped cars at a new traffic light that has been installed at the school intersection. In addition, the applicant has indicated it would assist to minimize traffic noise. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 76wn of(ZrecnsbU17 Area Variance Resolution To: Approve/Disapprove Applicant Name: Richard Hackett File Number: AV 40-2019 Location: 416 Aviation Road Tax Map Number: 301.8-2-37 ZBA Meeting Date: October 23, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Richard Hackett. Applicant proposes to install a 45 ft. privacy fence, 4 ft. in height, at the front of the property; intending to align with neighbor's shrubs on east and fence on west. Relief requested for type of fence in front yard. Relief Required: The applicant requests relief for type of fence in front yard. Section 179 -5-070- Fences The applicant proposes a 4 ft high privacy fence in the front yard where a privacy fence is not allowed in the front yard. SEQR Type II—no further review required; A public hearing was advertised and held on October 23, 2019; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b 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 with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. `40-2019_, Introduced by , who moved for its adoption, seconded by Duly adopted this 23`d Day of October 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 44-2019 Project Applicant: Stephen & Sabrina Hitchcock Project Location: 537 State Route 149 Parcel History: n/a SEQR Type: Type II Meeting Date: October 23,2019 Description of Proposed Project: Applicant proposes a 3,118 sq. ft. single family home on a 33,500 sq. ft. lot in Rural Residential 3 acres. Project includes installation of new septic and well. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks in Rural Residential 3 acres. Section 179-3-040 dimensional requirements The applicant proposes to construct a home that is to be 50 ft 7 inches to the front property line,50 ft 5 inches to the west property line and 50 ft 5 inches to the east property line and 100 ft 7 inches to the rear where setbacks to the sides are required to be 75 ft and then 100 ft to the front and rear are required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. 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 may be considered limited due to the lot size of 0.81 ac in a Rural Residential zone 3 acres. 3. Whether the requested area variance is substantial. The request for relief may be considered minimal moderate relevant to the code. The relief for the sides is 20 ft. 7 inches and for the front setback is 49 ft. 5 inches. 4. Whether the proposed variance will 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. The applicant proposes a new septic system and a new well. The plans indicate a 2 ft. stone drip edge to be installed for roof runoff. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to construct a new home on a parcel less than 1 acre in a rural residential 3-acre zone. The house is 3,118 sq. ft and the interior floor plans where provided. The site drawings show the location of the home on the parcel. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 lbwn of CZucenAmy Area Variance Resolution To: Approve/Disapprove Applicant Name: Stephen& Sabrina Hitchcock File Number: AV 44-2019 Location: 537 State Rte. 149 Tax Map Number: 278.4-34 ZBA Meeting Date: October 23, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Stephen & Sabrina Hitchcock. Applicant proposes a 3,118 sq. ft. single family home on a 33,500 sq. ft. lot in Rural Residential 3 acres. Project includes installation of new septic and well. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks in Rural Residential 3 acres. Section 179-3-040 dimensional requirements The applicant proposes to construct a home that is to be 50 ft. 7 inches to the front property line, 50 ft. 5 inches to the west property line and 50 ft. 5 inches to the east property line and 100 ft. 7 inches to the rear where setbacks to the sides are required to be 75 ft. and then 100 ft. to the front and rear are required SEQR Type II—no further review required; A public hearing was advertised and held on October 23, 2019; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. `44-2019_, Introduced by , who moved for its adoption, seconded by Duly adopted this 23`d Day of October 2019 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 46-2019 Project Applicant: Robert Mason Project Location: 5 Chestnut Ridge Road Parcel History: AST 605-2019 SEQR Type: Type II Meeting Date: October 23, 2019 Description of Proposed Project]- Applicant proposes to complete a 72 sq. ft. mudroom. Project includes removal of a portion of the patio for the mudroom, no other changes proposed. The existing home is 1,056 sq. ft. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks. Section 179-3-040 dimensional requirements The applicant proposes to complete an already started 72 sq. ft. mudroom. The addition is 29 ft. from the front property line where a 30 ft setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. 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 may be limited due to the existing house location and orientation of the home. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal. Relief requested is 1 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 to no impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant has provided plans that show the location of the mudroom under construction. The applicant has indicated the mudroom would reduce the door being removed by the wind and allow for a useable space for entry into the home. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 q, -am I Town of Queenshuiy Area Variance Resolution To: Approve/Disapprove Applicant Name: Robert Mason File Number: AV 46-2019 Location: 5 Chestnut Ridge Road Tax Map Number: 297.7-1-2 ZBA Meeting Date: October 23, 2019 The Zoning Board of Appeals of the Town of Queensbury has received an application from Robert Mason. Applicant proposes to complete a 72 sq. ft. mudroom. Project includes removal of a portion of the patio for the mudroom, no other changes proposed. The existing home is 1,056 sq. ft. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks. Section 179-3-040 dimensional requirements The applicant proposes to complete an already started 72 sq. ft. mudroom. The addition is 29 ft. from the front property line where a 30 ft. setback is required. SEQR Type II—no further review required; A public hearing was advertised and held on October 23, 2019; Upon review of the application materials, .,information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 46-2019_, Introduced by , who moved for its adoption, seconded by Duly adopted this 23`d Day of October 2019 by the following vote: AYES: NOES: