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2001-10-24 (Queensbury ZBA Meeting 10/24/01) QUEENSBURY ZONING BOARD OF APPEALS SECOND REGULAR MEETING OCTOBER 24, 2001 7:00 P.M. MEMBERS PRESENT PAUL HAYES, ACTING CHAIRMAN CHARLES MC NULTY, SECRETARY ROBERT MC NALLY CHARLES ABBATE NORMAN HIMES ALLAN BRYANT JAMES UNDERWOOD, ALTERNATE MEMBERS ABSENT LEWIS STONE OLD BUSINESS: AREA VARIANCE NO. 62-2001 TYPE II DAVID AND JANE HOPPER AGENT: PROFESSIONAL BUILDING SYSTEMS PROPERTY OWNER: DAVID AND JANE HOPPER ZONE: WR-1A LOCATION: 35 HANNAFORD ROAD APPLICANT ASKS THE ZONING BOARD OF APPEALS FOR RECONSIDERATION OF VARIANCE REQUEST AND FOR A RE-VOTE. APPLICANT PROPOSES TO DEMOLISH EXISTING STRUCTURE AND CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING. RELIEF REQUESTED FROM HEIGHT REQUIREMENTS TO ALLOW A 30 FT. TALL HOME. ADIRONDACK PARK AGENCY WARREN COUNTY PLANNING 9/12/2001 OLD TAX MAP NO. 19-1-8 NEW TAX MAP NO. 240.06-1-14 LOT SIZE: 0.43 ACRES SECTION: 179-16 STEVE NACUA, REPRESENTING APPLICANT, PRESENT; JANE HOPPER, PRESENT MR. HAYES-Welcome back. MRS. HOPPER-Good evening, gentlemen. This is my 37 wedding anniversary and I’m spending it th with you. MR. NACUA-My name is Steve Nacua. I’m representing Jane Hopper. We’re the designers of their residence, and my address is 6 Fairview Lane, Hudson Falls. I have some material here that I understand that you were not privy to, prior to Mrs. Hopper’s attendance here. May I approach you? MR. HAYES-Absolutely, please do. MR. NACUA-These are building plans. MR. HAYES-Okay. I’ll pass these down. I guess, sir, for the Board’s sake, if you could point out anything that is different than previous applications, it would really be a great help, so we can understand the differences. MR. NACUA-Yes. What we did, Jane came back to us and expressed her concerns that some of the criteria, as far as variances, was not met, and what we did was, if you look at the plans, the original plans indicated that we had a wraparound deck on three sides of her house, being the right to the left, and the front side, and to meet the condition of the setback, we eliminated the deck which is closest to Mr. Harris’ property, and I believe that the site plan will indicate that we do meet the minimum setback, which is 20 feet. MR. HAYES-Okay. Yes. Well, I guess, I don’t want to speak for the whole Board, but our primary concern was the height of the house, from the last two meetings. MR. NACUA-I understand. Could I give you some historic information from what we did? MR. HAYES-Certainly. MR. NACUA-The initial design concept was based on having full view of the lake from Mrs. Hopper’s property, and thereby being that, that’s why we had such an elaborate front wall on her house, and when we proceeded with the design, if you look at the elevations, you can see that the elevations on all three sides of her property, meaning the back, the right and the left side, meet the 1 (Queensbury ZBA Meeting 10/24/01) minimum height criteria, and the front side, which is fronting the lake, has a rather abrupt slope, and it goes down very abruptly to Pilot Knob Road, and so that’s how we designed the house, based on all three sides meeting the minimum criteria, and all three sides of the house abut someone’s property, which meet the minimum criteria, but the side that fronts the lake has no property that this house can obstruct. So that’s how this project came about, and also the other thing that we added was we added, prior to the last meeting that Mrs. Hopper came to, we added a retaining wall which projected three feet out from the foundation wall, assuming that that was sufficient to bring the grade up to 30 feet, I believe, and I believe that’s two feet higher than the minimum requirement from the Code. MR. HAYES-The maximum. MR. NACUA-The maximum, rather. I’m sorry. So, I guess what we’re saying is, does that three feet meet the minimum requirement that the Board will allow to raise the grade up, or does it have to be extended further out? MR. HAYES-Well, I think, you know, in summary of the last two meetings, I think it’s the feeling of the Board that the view from the lakeside might be the most important height. MR. BRYANT-Can I ask a question, Mr. Chairman? MR. HAYES-Sure. MR. BRYANT-To cut to the chase, I think the discussion revolved around the suggestion that if you change the slope of the roof, that you could reduce the height by two feet and still achieve the same view. It wouldn’t affect the view. The deck would still be the same height, and I think that’s primarily why you’re here, to explain to us why that’s not a possibility, because that’s the suggestion that we had made at the last meeting, what is the problem with that? MR. NACUA-The problem that we can encounter with lowering the pitch of the roof, there’s two pitches. There’s a front half and a back half, and I believe the back half meets the minimum requirement, and I was assuming that the front, the side which is the front of the house was the part of the house that was at issue. Am I correct? MR. MC NALLY-The side fronting the lake. MR. NACUA-Yes. Now, there were two things that were suggested, I believe, was to either raise the grade, by virtue of bringing fill in, or lowering the roof. Lowering the roof would impact the view that Mrs. Hopper would have, if you look at the plans, there’s a balcony inside of her, in the house on the second level. MR. BRYANT-We’re not saying lowering the roof. We were saying leave the balcony where it is, and adjust the pitch so that the roof, the front portion of the roof, would come down, to meet the requirement. MR. MC NULTY-But what I think he was just saying is it’s also a balcony inside the house. Not the one on the outside. MR. NACUA-Inside, not the outside deck. I’m talking inside. MR. BRYANT-You’re talking about that circular window? MR. UNDERWOOD-There’s a balcony upstairs that looks out that window. MR. BRYANT-I understand that, but that should clear the view anyway. That should. MR. UNDERWOOD-If you change the pitch of the roof, it would still. MR. BRYANT-If you change the pitch of the roof. MR. UNDERWOOD-Right. MR. BRYANT-Like this. MR. UNDERWOOD-Yes. MR. BRYANT-Okay. Well, how does that affect the balcony? MR. UNDERWOOD-It doesn’t. 2 (Queensbury ZBA Meeting 10/24/01) MR. BRYANT-That’s the point. MR. MC NULTY-I don’t know. Where’s the sheet the shows the balcony inside? It doesn’t affect this. MR. BRYANT-No, but it doesn’t affect this either. Because in reality, by changing this pitch here slightly, and it can be done because obviously the other roof is at a smaller pitch. It still doesn’t change the view in any location from a circular balcony or from the external. MR. NACUA-I’m sorry, sir. I don’t know which pitch you’re, are you talking about the front side changing the pitch? MR. HAYES-Yes, that’s what he’s talking about. MR. NACUA-Thereby raising the outside walls higher? MR. HAYES-No, changing the pitch of the roof from a. MR. NACUA-Lowering the roof, lowering the ridge of the roof. MR. HAYES-Right. MR. MC NALLY-Their only concern, I think, was the peak. If you could change the pitch, if it meant raising the side walls, you would achieve the effect. MR. UNDERWOOD-If you were going to lower your pitch down, like say you were going to drop it two feet, I don’t know if you’d go to a seven/twelve from a ten/twelve, or an eight/ten. MR. MC NULTY-Leave that there and just bring the peak down. MR. NACUA-If we brought this peak down, we would achieve a less than 5/12, which is recommended that we don’t go below 5/12 (lost words) shed. So that would change the concept of the house. MR. BRYANT-We’re not talking about that. I don’t think that we’re talking about that. MR. UNDERWOOD-But you would probably have to drop to a shorter, you know, somewhat shorter wall. MR. BRYANT-I think we’re talking about this portion of the roof. This is the portion of the roof that has the effect of the height differential. This is the back portion of the house. MR. HAYES-That’s in compliance anyway. MR. BRYANT-Which is in compliance. Okay. So if you change this pitch, you’re not going below 5/12. You’re going to just change this sufficiently enough to still meet the 28 foot height. That’s not going to affect this deck or this area. MR. NACUA-If we, because this is like a, if we drop this here, we’d create a gable here. There by we’d have to drop these down. MR. UNDERWOOD-Because these beams go all the way through to the other? MR. NACUA-These go all the way through to the balcony. So we’d create a great gabled (lost word), and then what would impact, what would happen there is these beams would drop down because you’re bending the roof down like this, thereby making this wall smaller. Then we’d have to recreate this wall. Because this would have to be shrunk down. MR. BRYANT-I think it’s actually the opposite. If you change the pitch here, you would raise this slightly, reduce this slightly, and the beams would basically, the beams would basically be higher up, as opposed to. MR. NACUA-What you’re telling me, you want, this could be raised up? MR. BRYANT-This could be raised, and this could be lowered to a different pitch, still to achieve this gabled effect. I’m not an architect so I can’t tell you what the pitch of the roof, but I’m just assuming it doesn’t take much to make up that two feet. 3 (Queensbury ZBA Meeting 10/24/01) MR. NACUA-It would add great expense for her to raise the wall up, it would add to the design. MR. BRYANT-It would add great expense for her also if the variance is not approved. So all I’m saying is the expense is actually minimal. You’re only talking about a couple of feet of wall in construction. You’re not talking about a major expense. That was our question. MR. NACUA-I understand what you’re saying. MR. BRYANT-That was our question, and we wanted to point out the last time that from any of her locations, this was not going to affect her view whatsoever. She was concerned about the view, and we wanted her to achieve that and still comply with the Zoning Ordinance. MRS. HOPPER-If we do what the Board suggests, these beams stay where they are. This front stays as it is? Correct? MR. NACUA-Well, these beams would have to be, it would change the elevation of this, as going higher. So everything would be raised up, because this wall would come up to a 10 foot wall instead of a nine foot wall, and then this would drop, what would be the minimum, the 28 feet? MR. UNDERWOOD-Probably a nine/twelve would probably lower you a foot and a half, I’m guessing. MRS. HOPPER-What kind of expense is this? MR. NACUA-I’d have to look at what (lost words). MR. BRYANT-See, that does not affect the view, the suggestion, really. MR. NACUA-But the suggestion was to lower this, but not to raise the wall. MR. BRYANT-Well, I don’t think there’s any objection to raising the wall. That doesn’t have anything to do with our Board, really. The only thing that we’re concerned about is the overall height, and if you lower this, and even if you have to raise this and change this pitch, to nine/twelve, or like Jim says, yes, you add a foot over here on both sides, but you also then comply, and there’s no discussion. MR. HAYES-Are there any other questions from the Board members? Do you have any other questions, Chuck? I just want to make sure we get it on the record. Does anyone have any further questions for the applicant? MR. ABBATE-Well, I just want to get something clear in my mind, if you’ll be patience with me, please. Correct me if I’m wrong. I was under the impression that Mrs. Hopper’s case was predicated on two points, one, she wanted the deck where it was because unless the deck was where it was proposed, is proposed, she would then have to view telephone lines, and I understood that, and I agreed with her, and I have no problems with the deck. So we have now resolved 50% of the problem. You can have the deck where it’s at. That’s not a problem. The second point that she was making was that lowering the roof 30 feet to 28 feet was either not possible, and/or would distort the architectural appeal. Now, please tell me where I’m wrong. MRS. HOPPER-I guess the best way I can describe it, gentlemen, is, if you walk into a room and the ceilings are eight feet high, you have one look. If you walk in a room with 10 foot ceilings, it’s another look. I’ve spent years looking at post and beam homes. This particular house was the conglomeration of probably 10 years worth or research, work, being in various rooms, various heights, to achieve the overall look of a retirement home. Granted, if it can be done and it can lower ceilings, I suppose it’s not a huge deal to everybody here, but it is to me. I like the look of a post and beam home with high ceilings. I did not think that two foot was an unreasonable thing to ask of this Board. I understood your conditions and your concerns, and I would be probably in less favor, I thought, with the Board if there was someone behind me that I would probably obstruct their view because my house was just two foot higher. There is no one behind me but me. I sit behind me. The land behind that is forever wild. Nobody’s ever going to be behind my house. So I did not think that this two foot was a huge concern because I wasn’t affecting anybody, and on both sides I would not be higher than they are because they would still be higher than this house. So I’m not trying to equal their level. I’m just trying to get a home that I want to live in. MR. ABBATE-You know what, I agree with everything you’re saying, but it would seem to me that logic would dictate that prior to these plans being drawn up by the architect, that the zoning rules and regulations should have been consulted, and perhaps avoiding all the complications that we have now. 4 (Queensbury ZBA Meeting 10/24/01) MR. NACUA-But excuse me, sir. We did take into consideration the 28 feet. If you look at the side and the back elevation, if you measure the distance from the ground to the peak of the roof, we are within the limitation of the 28 feet. It’s just the front side which faces the lake that does not meet the 28 feet because of the slope. MR. BRYANT-To respond to what Mrs. Hopper was saying, your house is still going to be the same height. Nothing is going to really change as far as the overall height from the back view. I mean, there’s really not going to be any difference. MRS. HOPPER-From inside the great room, sir, there will be a difference. MR. BRYANT-Well, the side walls are going to be higher. MR. NACUA-To meet those conditions, yes. MR. BRYANT-Yes, to meet those conditions, the side wall will be higher. You’re still going to have the great room. MRS. HOPPER-Not being a builder, I’ll ask. MR. NACUA-What it would affect is their view from their interior balcony out, looking out through their half round windows, because you would lower the roof, thereby leaving the back roof up where it is, you’ve created a sort of a gable dropping those two beams, well, raising those two beams, but you’d still have to be creating sort of a gable. So from the interior look, looking out toward the lake, you’d see sort of a short wall, which is above. MR. BRYANT-Well, actually, the window itself would not be affected. MR. NACUA-Right. MR. BRYANT-Okay. So I’m not understanding. MR. NACUA-But then you are looking out toward the lake, from inside the balcony which you’re affecting. It would not achieve the architecture that they are trying to get from the interior. MR. ABBATE-I had one more question, if I may. Were you, sir, aware of the Zoning Ordinances in the Town of Queensbury, which mandated a maximum of 28 feet, prior to drawing up these plans? MR. NACUA-Yes, sir. MR. ABBATE-Thank you. MR. HAYES-Are there any other questions for the applicant at this time? MR. MC NULTY-I’ve got one question, I guess, for Craig. Is there any limit on the height of retaining walls? In other words, they’ve got a three foot retaining wall planned now, to gain a couple of the feet that they had originally asked for. Is there anything that would prevent them from putting in a five foot retaining wall? MR. BROWN-I don’t believe there is. There’s a section in the soil erosion and control standards that talks about six foot cuts and fills, but I don’t think that’s going to apply in this case. MR. MC NULTY-That would be a solution that they could employ. We might not like it, because then you would still have the big height there, but, should they want to, they could put in a five foot retaining wall, and then they would meet the 28 foot requirement without changing the house. MR. ABBATE-Well, you know, that’s all true, and I think we should accommodate as many folks as we possibly can and still maintain some of the great integrity in the Town of Queensbury, but the bottom line is that this difficulty is self created. MR. HAYES-Are there any other questions for the applicant? MR. MC NALLY-Just so I understand, on Sheet Eight of your drawings, that shows the floor of the loft area? MR. NACUA-Yes. MR. MC NALLY-And is that the one that says ¾” T and G Ply Sub-Floor glue to nail? Is that the level of the height that’s shown on this drawing? 5 (Queensbury ZBA Meeting 10/24/01) MR. NACUA-That is the second level, yes. MR. MC NALLY-And that person standing on that level is supposed to look out over this curved window and see the lake? MR. NACUA-Not from that area. It’s because further back, if you see the dotted line, it’s the dotted pitch? MR. MC NALLY-I do. MR. NACUA-That’s in the foreground. MR. MC NALLY-Yes. I understand that. I’m just trying to figure out where a person would be standing, looking out the window, and you’re saying that would be the floor that they would be standing on, that says, nothing higher than that. Okay. MR. HAYES-Any other questions for the applicant? If not, I’ll open the public hearing. Anyone that wishes to speak in favor of this application, please step forward. Anyone opposed? Any correspondence? MR. MC NULTY-I don’t see anything new. PUBLIC HEARING OPEN NO COMMENT PUBLIC HEARING CLOSED MR. HAYES-Let’s talk about it, gentlemen. I’ll start with Jim. MR. UNDERWOOD-Yes. I think the first time we voted on this, Roy and I voted that, we talked that the compromise, going from 35 down to 32, was a reasonable compromise, and that we approved it, and I think that the fact that you’ve dropped it down to 30, I mean, it’s still two feet of relief requested here, and I still don’t understand why you haven’t been able to compromise and maybe change the pitch of the roof slightly. I mean, I think if you went to a 9/12 from the 10/12 pitch, it would get you down to what you needed, but, barring that fact, I’m probably going to vote, again, to approve what you requested. MR. HAYES-Thank you. Allan? MR. BRYANT-I was under the impression that the architect would be here tonight and tell us why this was not possible, but I think he’s confirmed that, yes, it is possible. Looking at your elevation on Page Eight, where would you stand to look out that circular window? MR. NACUA-If you, the gentleman showed you, indicated a Sheet Eight. MR. BRYANT-Yes, in the dining room area. MR. NACUA-It’s the second level where you’d be looking out that window, which showed the loft area. MR. BRYANT-Where the loft is? MR. NACUA-Yes, and if you see the dotted, there’s a dotted line in the foreground. The dotted line implies the pitch of the roof in the foreground, which is toward the lake. MR. BRYANT-My personal view is that I don’t see any reason why that alteration can’t be made and we could end this discussion. MR. HAYES-So that’s a no? MR. BRYANT-That’s a no. MR. HAYES-Okay. Chuck? MR. ABBATE-Yes, thank you, Mr. Chairman. I’m struggling between fairness to the applicant, I really am, and maintaining some of the great integrity of our Zoning Ordinances, and I’m willing just 6 (Queensbury ZBA Meeting 10/24/01) to leave it at that and listen to what my other Board members have to say, and perhaps, based on the information that they present, will swing my vote one way or another. Thank you. MR. HAYES-Thank you. Norm? MR. HIMES-Yes, thank you. I, too, feel some sentiment from the applicant’s position. I would like to do something to make somebody happy, maybe let them accomplish something that they’ve been wanting to do for a long time. However, on the other hand, I look at it from the standpoint of my responsibility here. What is it that the Ordinance is doing to hurt you, other than impair your personal desire for something that’s just so, dimensionally? I would think that in order for me to support the application, I would want to see some real substantive impairment to being able to live adequately, in a residence for some use or another. However, as Chuck said earlier, this is self created. You designed something that you, personally, want for aesthetic reasons, and the Code is saying no, and because it’s mainly for aesthetic reasons, rather than something a little more substantive, I don’t feel that I can vote in favor of your application, as much as I’d like to. MR. HAYES-Thank you. Bob? MR. MC NALLY-I look at the five factors that we’re required to look at, as the Zoning Board. The first factor is the benefit to the applicant, and that would clearly weigh in favor of Mrs. Hopper. To have a deck, both internal and external, that overlooks the lake, with a large expanse of glass on the lakeside is certainly something that I think most lakefront property owners or people close to the lake, would like to have. The second factor we look at is the feasible alternatives, and I’ve thought about this for the last several meetings. This is the third time you’ve been here, and to be perfectly honest with you, I do think that there are feasible alternatives, in that with a slight modification of the roof pitch and side walls, I believe that you can achieve the view both from the internal deck and the external deck, and still have that half moon glass window above those set of French doors on the external deck level. The third factor is whether the relief is substantial to the Ordinance, and from my perspective, at least. I know I’ve been very strict with lakefront property. The issues of how much glass to have on the lakeshore side and how high to have the lakeshore elevation is something that people are always trying to expand on, and I think that the relief is substantial relative to the Ordinance, simply because this property is located on an elevated cliff. It’s essentially at the edge of a cliff on Hannaford Road. So not only do we have a relatively tall building, above the Town’s maximum height, but it’s also on top of a cliff. So it’s certainly going to be visible. The fourth factor is the effect on the neighborhood or community, and if you look at the Koenig property, a couple of doors down, they’ve stripped that front of the house of all the trees and it is at 28 feet, and the thing’s a monstrosity at the edge of the cliff. So I do think that there are going to be some effects on the neighborhood or community. Perhaps a neighbor behind you won’t be obstructed, but your home is going to be very visible from the lakefront or it could be very visible from the lakefront side. There’d be excessive glass and excessive height, and the last factor is whether the difficulty is self created, and again, we’re willing to accommodate, at least I am, applicants where I can really make sense of a reason why they need an extra tall building, and in this case I don’t see the necessity for it. I do think that the effect can be achieved under the existing Code. So I find it to be a choice of the applicant, in selecting a home of this height. On balance, I think four of the five factors weigh against you. So I’m going to have to be against this application. MR. HAYES-Thank you. Chuck? MR. ABBATE-I’ve kind of looked at the same things that Bob has, but I come to a different conclusion. It doesn’t strike me that allowing this is going to change the neighborhood. As has been pointed out, there’s already homes with similar heights and exposure there. As the applicant’s pointed out, I don’t believe the peak of her proposed house is going to be higher than the adjoining houses because her property sits in kind of a dip. The one thing that will be different is there’ll be more front wall or facial exposure, if you will, because there’s going to be more height from ground level to peak of the roof. I guess I combine that with a couple of factors. I don’t like to fool around with the architecture that somebody else has designed. As some other members have pointed out, we’re not architects, and based on the question I asked earlier, it strikes me that if they really wanted to build this house and meet our Ordinance, they could by putting up a five foot retaining wall in front. Then they would have 28 feet from ground level to peak of the house. That doesn’t change the facial exposure to the lake at all. It’s just that five feet of it, now, is stone wall or cement wall or brick wall or something instead of a wooden house, and I guess when I evaluate the entire thing, if we could start over on that road and not allow some of the other homes, that would be one thing, but what we’ve got there now, I think what is proposed is going to be consistent with what is there, and I know we’ve allowed two feet on variances before on height in certain instances, different circumstances, but we have allowed height variances. So I’m going to be in favor. MR. HAYES-Thank you. Well, I think it’s a very narrow decision. That’s probably why you’re back for your third time, and I think the Board has pointed out a number of important concerns. Obviously, height variances on the lake, they’re more critical than they are in other circumstances 7 (Queensbury ZBA Meeting 10/24/01) because the exposure gets magnified, particularly on top of a cliff. Other members have pointed out that, obviously, the benefit to you is certainly because you want this house the way you want it, and that’s understandable, but I think in this particular circumstance, I think Chuck is right. I think, originally I voted against this application because you were at 35 feet, and kind of wanted to split the difference, and I’m not in favor of that type of approach, as far as dimensional relief, because I think it’s a dangerous game and encourages applicants to start high and end up in the middle, which is still high, but in this particular case, two feet of relief on a 28 foot requirement is less than 10% relief, on a mathematical basis, and I don’t think that’s a lot. I also agree with Chuck that in this particular circumstances that, if there were no other houses that were high on that cliff, or look high from that cliff, we’d be creating something that would certainly stick out and possibly be a detriment to the neighborhood in that circumstance, but I’m not sure that this one house will do that, at this particular time. Feasible alternatives I think are a little bit limited based on the topography of the land, the fact that it diminishes quickly in the front of this house, and I agree with Chuck as well that I would not want to create a fiction by having you build a five foot retaining wall, which would kind of conveniently wash away over time, in this particular circumstance. So, having thought about this a great deal, I think that two feet is minimal relief, less than 10% of relief is minimal relief in my mind, and I’m not sure, I do believe firmly that your deck view would not be impacted by changing the height, but I’m not sure about that second level, whether that would create some kind of tunnel effect by turning that more into a gable than you would like. So I guess I would be in favor of a motion that has a small amount of relief, and I will leave it at that. I think that granting small amounts of relief, in a compromised form, is acceptable to me, but, now as I see that, that leaves us directly divided, three for, three against, and one on the fence. So we will resolve this tonight. I can assure you of that, for sure, one way or another, but we’ll have to do it through motion form. So, would anyone like to make a motion, for? Against? MOTION TO APPROVE AREA VARIANCE NO. 62-2001 DAVID AND JANE HOPPER, Introduced by Charles McNulty who moved for its adoption, seconded by James Underwood: 35 Hanneford Road. The applicant’s proposing the construction of a 2,074 square foot, 30 foot tall, single family home, and the applicant has revised their original application for relief, so that now they are requesting two feet of relief from the 28 foot maximum allowable height requirement for the WR-1A zone, Section 179-16. Previously, five feet of relief was requested. In considering this application, we consider the benefit to the applicant, and obviously the applicant would be permitted to construct the desired home in the preferred configuration and with the preferred architecture. Feasible alternatives do include changing the design of the home to lower the roof and meet the requirement. Considering whether the relief is substantial to the Ordinance, two feet of relief from the twenty-eight foot requirement I believe could be interpreted as minimal, in that it is less than 10% increase, and, considered along with the next factor, effects on the neighborhood or community, considering the existing homes in the immediate area, and the topography of this particular lot, this home is not going to be any higher, in relation to, say lake level, than the adjoining homes. So, on that basis, I think the relief can be called minimal. Is the difficulty self-created? Yes, the difficulty is self-created, as this is proposed new construction, and could have been designed differently, but again, it more or less matches the kind of homes that are in the immediate neighborhood. So I think that kind of mitigates that a little bit. For those reasons, I move that we approve this variance. Duly adopted this 24 day of October, 2001, by the following vote: th AYES: Mr. Underwood, Mr. McNulty, Mr. Hayes NOES: Mr. McNally, Mr. Himes, Mr. Abbate, Mr. Bryant ABSENT: Mr. Stone MR. HAYES-That’s four votes to three against, so at this time I would request a negative motion to deny the variance. MOTION TO DENY AREA VARIANCE NO. 62-2001 DAVID AND JANE HOPPER, Introduced by Charles Abbate who moved for its adoption, seconded by Allan Bryant: 35 Hanneford Road. The applicant has requested two feet of relief from the twenty-eight foot maximum allowable height requirement of the WR-1A zone, Section 179-16. Previously, five foot of relief was requested. I move that this application be disapproved, because it is my strong opinion that there is a reasonable solution to this problem, but the applicant simply doesn’t want to address the reasonable solution, and it gives me the impression that it is either all or nothing, and based upon that, I recommend this application be disapproved. 8 (Queensbury ZBA Meeting 10/24/01) Duly adopted this 24 day of October, 2001, by the following vote: th AYES: Mr. Abbate, Mr. Bryant, Mr. McNally, Mr. Himes NOES: Mr. Underwood, Mr. McNulty, Mr. Hayes ABSENT: Mr. Stone MR. HAYES-The application is denied. MR. NACUA-Thank you, gentlemen. MR. HAYES-Thank you. NEW BUSINESS: AREA VARIANCE NO. 70-2001 TYPE II ELIZABETH O’CONNOR LITTLE AGENT: VAN DUSEN AND STEVES PROPERTY OWNER: WR-1A, CEA LOCATION: 73 FITZGERALD ROAD APPLICANT PROPOSES CONSTRUCTION OF A ONE-CAR GARAGE AND SEEKS RELIEF FROM THE SETBACK REQUIREMENTS AS WELL AS THE FLOOR AREA RATIO REQUIREMENTS OF THE WR-1A ZONE. CROSS REF. SPR 39-2001 OLD TAX MAP NO. 41-1-33.2 NEW TAX MAP NO. 289.14-1-14 LOT SIZE: 0.21 ACRES SECTION: 179-16 MICHAEL O’CONNOR, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 70-2001, Elizabeth O’Connor Little, Meeting Date: October 24, 2001 “Project Location: 73 Fitzgerald Road Description of Proposed Project: Applicant proposes construction of a 384 sf one car detached garage. Relief Required: Applicant requests 4 feet of relief from the 12 foot rear setback requirements and relief to develop a Floor Area Ratio of 29% where 22% is allowable. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 1. Benefit to the applicant: Applicant would be permitted to construct the desired garage in the preferred location. 2. Feasible alternatives: Alternatives may include centering the garage to a compliant location within the setback requirements. 3. Is this relief substantial relative to the Ordinance?: 4 feet of relief may be interpreted as minimal to moderate, relative to the ordinance. (33%) 4. Effects on the neighborhood or community: Moderate effects may be anticipated as a result of this action. 5. Is this difficulty self created? The difficulty may be interpreted as self created, as there appear to be areas available for more compliant construction. Parcel History (construction/site plan/variance, etc.): AV 68-2001 res. 9/19/01 300 sf deck SPR 39-2001 res. 9/25/01 300 sf deck BP 2001-759 issued 10/9/1 300 sf deck Staff comments: Minimal to moderate impacts may be anticipated as a result of this action. Although there appear to be areas available for more compliant construction, the proposed location appears to work best for the site. Has the formal, written right of way/easement to O’Connor and Barton, to the north, been modified to describe the actual travel way?….Should this be given consideration when contemplating construction within the deeded right of way? SEQR Status: Type II” MR. MC NULTY-And we don’t have a County. MR. HAYES-No County with this application? Okay. Thank you. Mr. O’Connor. MR. O'CONNOR-Mr. Chairman, gentlemen, I’m Michael O’Connor from the law firm of Little & O’Connor, and I’m representing Elizabeth O’Connor Little. My apologies that she is not here again tonight. They are in session tonight. So she has left me here. The application before you I think is a modest application. It’s an application for a single car garage, 16 foot by 24 foot, and if you grant the application, it will allow her to have a garage on the property which is now her year round home. Basically, if you try to find feasible alternatives, I don’t think you will find them on the site. We, initially, were talking about building an attached garage to the back of the house which would take care of part of the variance, as to the setback. We would then not need a setback variance, but if we did that, we would disrupt the existing septic system and have to totally replace it, and they played with making the garage narrower. They played with doing all kinds of things, and it just didn’t work. There is no real alternative to the Floor Area Ratio change, and that’s the second part of the variance. Basically, there is not an enclosed garage on this property. There’s no portion of the house that is easily converted to a garage. This basically is a two story house without a basement. The first floor, or probably 70% of the first floor, is livable space. It has a separate kitchen and has been used as a separate sleeping area and what not, and has a front porch on it. The second floor is, I think, two bedrooms, a kitchen, living area, and it’s directly over the other. The portion that’s not part of that living area on the bottom is their utility room. They have a furnace and they house the pump and 9 (Queensbury ZBA Meeting 10/24/01) what not. You’d have to come in and go around the side to get to a part of the bottom area if you were going to try and convert that into a garage, and because of the change in grade, I don’t think you’d be able to do it unless you drove all the way around to the front, and then you’ve got a wall that says that you can’t do it there. So there are really no alternatives, or reasonable, practical alternatives to the location of the garage, or the difference in Floor Area Ratio that we’re asking permission for. I don’t think either request is substantial. There really is no effect upon the neighborhood. There’s no effect upon the community. If you look at the topographical features of the lot, and the existence of the existing house that’s there, you’re not going to see this garage, I don’t think, from the lake. There might be a sliver of a point, if you’re going by, between the two houses that are there. You might see up behind the house. So it’s not going to affect the density of the development or the appearance of density of development from the lakeside. On the back of the area where we’re asking for relief from the back side line, it drops off substantially past the property line, goes down into an undeveloped area. It’s a lot, if you look at the tax map, that’s owned by Mr. Gardner. I don’t think it’s a lot that’s going to be divided or likely to have any other development on it than what presently is on there. Their house is way up on the lakeside of the lot, not on this back part. So I don’t think it has any effect on the community. As to Staff comments, is the relief self created? Yes, the relief is self created, probably in the sense that when the house was built in the early 60’s, no garage was built with it, and at that time it really wasn’t a year round house, or wasn’t utilized as a year round house. The road system coming into the lake wasn’t as good as it is now. Most of the properties on the lake have turned into year round homes or year round use, since we’ve had better maintenance of the roads, better surfacing of the roads, better plowing, and change of circumstances. So, in part it’s self created. In part it’s not self created. We have a lot that was created prior to zoning, and we have construction that was created prior to zoning, and what we’re trying to do is adopt to it. As to Staff comments, as to the right of way, I think they’re correct in the fact that there is no formal right of way or easement modification, if you will, and one of the parties that he’s referring to there is myself. I am the O’Connor that has the right of way across this property, but curiously, if you look at a 1969 map, you will see that the right of way never was where, or the road was never where the right of way was described in the deeds. The right of way was drawn in very simplistic terms, and I think this began back in 1953, and it said it ran along the easterly boundary of the Fitzgerald lot and the northerly boundary of the Fitzgerald lot to the property that was being conveyed, then, to my mother and father. If you looked at it, on a map, this is the Fitzgerald lot right here. This is now Floyd Rourke’s home. We would be along his back line, and then along his side line here. This is a gully that’s probably about 30 feet deep. It’s never been traveled, never been used as a right of way. What’s shown on here is actually what people built because it was more convenient, it worked out for everybody. It’s been that way since the 1950’s. This is a map showing it in 1969. I’ve talked to, specifically, Mike Hogan, who is also, if you will, a beneficiary of the right of way, and if you look at the map that you have, he owns Lot 35. He’s the only one that really had a question about what are we going to do about the right of way. I said, some day we’ll get Matt Steves to describe it, and we will probably do some type of modification of the right of way agreement, but we’ve lived like this since the 50’s. His predecessor was Harold Hillis. I’m not in a big rush to do it. I’m not in a big rush to spend the money to do it. It hasn’t interfered with anybody. I looked upon the right of ways, and I tried to get a hold of Craig, kind of like restrictive covenants. Your approval here tonight doesn’t say that you’re abolishing any right of way or that you’re giving me any rights over somebody else’s right of way it if exists. That’s up to me and those people and the private agreements that I have with them. It’s the same thing, the same issue that you run into when somebody says, well, is this approval going to violate a restrictive covenant. MR. HAYES-So you’re saying that’s a civil matter, essentially, then? MR. O'CONNOR-Yes, and if you actually look at the drawing that you have in front of you, you will see where I, on my property, have a substantial building built, right dead center in what we talk about the right of way, and if you look at Betty’s property, you will see that we are removing a shed, and I’m not sure when Matt Steves did the survey, actually, there was a second shed on there that was further to the south. So, if you come around the corner here, if you don’t follow this dirt road, and you try to follow this arbitrary right angle line, I don’t even know if you’ve got a turning radius. You’d be taking down some big trees that are there. If you drove in on that point, you remember the trees that are on the right as well as the trees that are on the left, and that’s not something that we anticipate doing or whatever. We’ve got a couple of issues that we, among ourselves, have to work out. One of them is going to be maybe future location of septics up there. Mike Hogan is on a holding tank out on the point, that we got approved maybe 10 years ago. So, I don’t think the right of way should be an issue of your consideration. If you have a question on it, I’d be glad to address it further, but basically I think those are the points that I would make, in support of the application for the variance. MR. HAYES-Thank you. Does anyone have any questions for the applicant? MR. HIMES-Yes. One, sir. The garage is rectangular. Will you access the garage from the end, so to speak, of the? 10 (Queensbury ZBA Meeting 10/24/01) MR. O'CONNOR-Yes. MR. HIMES-Okay. So you come around the corner and go in that way. Okay. MR. O'CONNOR-We’ve talked about the door. The door will be on the south end of the garage, and it will be contrary to what might be normal. It’ll be over toward the roadway. The passenger door, if she puts a passenger door on the same end will be on the back side, because she’ll want to make the least turn that she has to make into that. MR. HIMES-Thank you. The height of the garage, 16 feet wide, 24 feet long, I assume the height is going to be okay, and there are some utility wires that go kind of diagonally across the roof. That’s not our. MR. O'CONNOR-We may have to get those moved. MR. HIMES-Okay. So that’s something you’re looking at. MR. O'CONNOR-Yes. MR. HIMES-That’s all I had. MR. HAYES-Are there any other questions for the applicant at this time? If not, I’ll open the public hearing. Is there anyone that is here to speak in favor of the application? Anyone opposed? Any correspondence? MR. MC NULTY-No correspondence. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. HAYES-I’ll poll the Board members. This time I’ll start with Allan. MR. BRYANT-Actually, I don’t know. I know you don’t like to hear that, Mr. Chairman, but I don’t think the setback is a problem. There’s a ditch back there. There’s nothing there. I don’t foresee that as a problem. The Floor Area Ratio, normally we’ve been more strict on that, but in this particular situation, you’re already over the Floor Area Ratio before you build the garage. MR. O'CONNOR-I believe we are. MR. BRYANT-So, in reality, I’m on the fence, and I’d like to hear what the other Board member have to say. MR. HAYES-Okay. Chuck? MR. ABBATE-Okay. Counselor, I’ve held this application to a higher standard. There were four major considerations that I was looking at. One was the fact that yes it is a year round home, and number two, there is no basement. Number Three, I was concerned with the right of way, but you have satisfactorily answered that question, and Number Four, I was listening to whether there were any objections, and there were none, and, based upon these four considerations and the higher standard I’ve held the application to, I would have no problem with approving the application. MR. HAYES-Okay. Thank you. Norman? MR. HIMES-Thank you. Yes, I feel the same. Chuck has mentioned, in connection with the Floor Area Ratio and the rest, in terms of the way the lot levels off, any kind of impact because of this additional impermeable or what have you that results from that is going to go probably to the back, away from the lake. So that would have been the only thing that I would have had an objection to. I’m in favor of the application. Thank you. Bob? MR. MC NALLY-I’m in favor of the application, too. It’s clear the benefit to the applicant is that they’d be able to use a garage in a year round residence that was once a vacation home only. There are alternatives of putting the garage in the area between the house and where you’ve proposed, but to be honest with you, I think it’s set where it’s supposed to be, and to put it in that area is just going to break it up that much more and interfere with the right of way. I don’t think the relief is substantial relative to the Ordinance. Four feet is minimal, particularly when you take into account 11 (Queensbury ZBA Meeting 10/24/01) the fact that there is gulch behind there that no one in their right mind will ever build on. So it’s not going to affect anyone, and the effect on the neighborhood or community is minimal. This is, in effect, a family compound. When I was there, between the house and where they’re going to put it is basically one big parking, driving area, with some green space. So there’s a lot of room to move. There’s a lot of room to have a right of way. I don’t really see a problem there, and it’s the O’Connor family compound, with the exception of a couple of neighbors. If they don’t have a problem with it, I don’t think I do, and I don’t think the difficulty is self-created. The fact of the mater is these are small lots, small houses, and it was built without a garage many moons ago. So I‘d be in favor of it. MR. HAYES-Thank you. Chuck? MR. MC NULTY-I essentially agree with what’s been said. In another circumstance, another lot configuration, I’d have a problem with Floor Area Ratio, but in this case, I guess I look at it, there’s going to be a car parked there whether it’s got a roof over it or not, and I don’t think it’s going to have a real effect on the lot, and, as has been said, I think probably the location selected for the garage is probably the best choice for that particular lot, and it obviously is not going to affect anybody behind it, with the gully that’s there. So I’d be in favor. MR. HAYES-Thank you. Jim? MR. UNDERWOOD-Yes, I, too, would be in favor of it. I don’t see that there’s any real affects on the lake, and as you said, as you pointed out also, there’s no, you’re not going to see this from the lake at all, and I think as everyone else has said, it’s a minimal garage. It’s not a giant garage out by there. So I’d be in favor. MR. HAYES-Thank you. I essentially agree. The benefit to the applicant in this particular circumstance, to me, seems important. I mean, I think we’ve all said, in the past that in our area a garage is certainly necessary, and a one car garage is a minimal garage. So, I don’t think that we’re being asked to do a great deal, or approve an oversized garage. I think the feasible alternatives in this case have been explored, and I think the proposal, as Staff notes correctly point out, that this seems to work best for the site, proposed placement of the garage. As far as the relief, compared to the Ordinance, I think that has more to do with, the Floor Area Ratio, in particular, has more to do with the pre-existing lot, and the fact that there’s already some gravel areas that are interpreted as impermeable, I know, but I don’t think there’s going to be any problem there, and I agree with the rest of the Board members. I don’t think that there’s any real impact on the neighborhood or community. The garage is on the back of the property. It probably will not be viewable from the lake at all, and if so, only very moderately so. I don’t think there’s any real negative implications, aesthetically, to this application. So I would be in favor. Having said there, is there someone out there who would like to make a motion? MOTION TO APPROVE AREA VARIANCE NO. 70-2001 ELIZABETH O’CONNOR LITTLE, Introduced by Norman Himes who moved for its adoption, seconded by Charles Abbate: 73 Fitzgerald Road. The applicant proposes construction of a 384 square foot, one car, detached garage. Relief required, four feet of relief from the twelve-foot rear setback requirements, and a relief to develop the Floor Area Ratio of 29% where 22 is allowable. The benefit to the applicant would be she would be able to construct the desired garage in the preferred location. Feasible alternatives, there are alternatives, but all seriously in poor utility than what we have in the application here. Is the relief substantial relative to the Ordinance? Four feet of relief is a minimal amount, possibly moderate, but in an area of the lot where it has really no impact on any neighbors, and in connection with the effects on the neighborhood and community, there is also minimal or no negative impact at all. The aspect of the Floor Area Ratio, the garage is being sited on the rear end the lot, which, on the other side of a right of way that seems to me slopes away, so that any effects from runoff caused by this structure is not going to impact the lake at all. I move that we approve this application as submitted. Duly adopted this 24 day of October, 2001, by the following vote: th AYES: Mr. Abbate, Mr. Bryant, Mr. Underwood, Mr. McNulty, Mr. McNally, Mr. Himes, Mr. Hayes NOES: NONE ABSENT: Mr. Stone MR. O'CONNOR-Thank you very much, gentlemen. MR. HAYES-Good night. 12 (Queensbury ZBA Meeting 10/24/01) AREA VARIANCE NO. 76-2001 TYPE II TIMOTHY SEELYE AGENT: N/A PROPERTY OWNER: TIMOTHY SEELYE ZONE: SR-1A LOCATION: 27 MARTELL ROAD APPLICANT PROPOSES CONSTRUCTION OF A 440 SQ. FT. GARAGE ADDITION AND SEEKS RELIEF FROM THE MAXIMUM ALLOWABLE SQUARE FOOTAGE REQUIREMENTS FOR GARAGES. OLD TAX MAP NO. 54-5-6.46 NEW TAX MAP NO. 290.14-1-17 LOT SIZE: 1.26 ACRES SECTION 179-I7, 179-19 TIM SEELYE, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 76-2001, Timothy Seelye, Meeting Date: October 24, 2001 “Project Location: 27 Martell Road Description of Proposed Project: Applicant proposes construction of a 440 sf garage addition. Relief Required: Applicant requests 112 square feet of relief from the 900 square foot maximum allowable garage size requirement per the definition; § 179- 7. Criteria for considering an Area Variance according to Chapter 267of Town Law: 1. Benefit to the applicant: Applicant would be permitted to construct the desired garage in the preferred configuration. 2. Feasible alternatives: Feasible alternatives may include compliant construction. 3. Is this relief substantial relative to the Ordinance?: 112 sf of relief from the 900 sf maximum requirement may be interpreted as moderate, relative to the ordinance. 4. Effects on the neighborhood or community: Minimal to moderate effects on the neighborhood may be anticipated as a result of this action. 5. Is this difficulty self-created? The difficulty may be interpreted as self-created. Parcel History (construction/site plan/variance, etc.): None applicable. Staff comments: Minimal to moderate impacts may be anticipated as a result of this action. The proposal calls for an oversized 2 car garage. It does not appear as though a strict application of the requirements would deprive the applicant from a reasonable use of the property. SEQR Status: Type II” MR. MC NULTY-And there is no Warren County. MR. BROWN-Mr. Chairman, my apologies. The relief should be 212, not 112. My math is, my typing is wrong, not the math. If you look at the site development data, it calls for a total of 1112 for floor area. MR. HAYES-Instead of 1012. MR. ABBATE-Okay. MR. HAYES-Does everyone have that change? MR. ABBATE-Yes, 212. MR. HAYES-Okay. Good enough. MR. ABBATE-He’s requesting 212 square feet of relief. Okay. Thank you. MR. HAYES-Please state your name for the record. MR. SEELYE-Good evening. Tim Seelye, 27 Martell Road, Queensbury, New York. MR. HAYES-Is there anything you’d like to add to your application, or clarify? MR. SEELYE-I don’t believe so, no. MR. HAYES-Okay. Are there any questions for the applicant, then? MR. ABBATE-Yes, if you don’t mind. Good evening, Mr. Seelye. MR. SEELYE-Good evening. MR. ABBATE-Help me out. You’re requesting an oversized two car garage. MR. SEELYE-Correct. MR. ABBATE-And that encompasses, as we just discovered, 212 square feet of relief. Would you please explain to me why? MR. SEELYE-Well, with the size lot we have, and the large driveway we have, we’ve got an abundance of yard equipment, snow blower, lawn tractor, lawn mower, so on. Snowmobiles for the 13 (Queensbury ZBA Meeting 10/24/01) kids, skis, we’ve run out of room on the two car garage, to put it mildly. As far as, we could probably put a shed up, but aesthetically I would rather do the addition, and we’ve done it in such a way that it will still look like a two car garage, and that’s my reasoning. MR. ABBATE-Thank you very much. MR. SEELYE-You’re welcome. MR. HIMES-In the answers to the questions in your application here, you’ve got, referring to the two car garage style, and then you’re referring to seasonal furniture and summer car. MR. SEELYE-Correct. MR. HIMES-So is that your second car or third car? MR. SEELYE-Third car. MR. HIMES-Third car. MR. SEELYE-Correct. MR. HIMES-So you’ve got two doors. MR. SEELYE-Two doors. It’s a very small car. MR. HIMES-Okay. Thank you. MR. SEELYE-And bringing that out four feet will give us room to get it in there. MR. HAYES-Are there any other questions for the applicant? If there is none, then I will open the public hearing. Anyone that is hear to speak in favor of the application, please come forward. PUBLIC HEARING OPENED ROGER BOOR MR. BOOR-My name Roger Boor, 83 Sunnyside East. I think Tim has summed it up pretty much correctly. I know about three or four years ago I came before this Board and also sought an addition to my garage, pretty much for the same reason. Living in the North Country, and on properties as big as his and mine, you find that it is necessary to house more equipment than you would probably like to, and also as he stated, I think aesthetically, and as far as the neighborhood quality is concerned, I think what he’s proposing would be much better than a shed or just parking this stuff under a tarp, and so for alternatives, I really don’t see anything that would be as good as what he’s proposing. That’s all I have to say. MR. HAYES-Thank you. MR. BRYANT-How big is your garage? MR. BOOR-My garage is, I’m considerably bigger than his. I added probably 600 square feet to mine. I probably have 1500 square feet of garage. MR. BRYANT-Fifteen hundred square feet of garage? MR. BOOR-Yes. MR. ABBATE-And my question was, are you a neighbor? MR. BOOR-No. MR. ABBATE-You’re not? MR. BOOR-No. MR. ABBATE-Where do you reside? MR. BOOR-I reside at 83 Sunnyside East. That’s a 10 acre parcel. MR. ABBATE-So his construction wouldn’t impact you one way or another? 14 (Queensbury ZBA Meeting 10/24/01) MR. BOOR-No. MR. ABBATE-Okay. So you’re just here as a friend supporting him? MR. BOOR-Yes. MR. ABBATE-Okay. That’s fair enough. Thank you. MR. HAYES-Any other questions? Is there anyone else here in favor of the application? Anyone opposed? Any correspondence? MR. MC NULTY-No correspondence. MR. HAYES-Then I will close the public hearing. PUBLIC HEARING CLOSED MR. HAYES-Let’s talk about it, gentlemen. I guess it’s time to start with Chuck? MR. ABBATE-Again, Mr. Seelye, how are you? You’re requesting 212 square feet of relief, correct? MR. SEELYE-Correct. MR. ABBATE-And the total square foot would be 440 square foot. MR. SEELYE-Correct. MR. ABBATE-Not 1500 square feet. MR. SEELYE-No. MR. ABBATE-Okay. I listened to what you have to say, and what you have to say makes sense. I understand that, because I have a problem with storing my snow blower and etc., etc., and I cannot, offhand, think of any questions that would cause me not to approve the application. However, I yield to my other Board members. Perhaps they can come up with something that I haven’t picked up. MR. HAYES-So is that a yes, no, or maybe? MR. ABBATE-That’s a yes. MR. HAYES-Okay. All right. Norman? MR. HIMES-Yes, thank you. I tend to be in favor of the application. Again, I think that it does exceed what the Code calls for, a slight amount, and it’s appearance, I believe, is nice. What you’ve got planned here looks good. You don’t have any neighbors screaming and hollering about it, and it brings everything together, such as you’ve said, and so I feel this is something that is of benefit to all concerned, even though it does exceed the Code, but I would be sympathetic to your application. MR. HAYES-Thank you. Bob? MR. MC NALLY-We’ve struggled with garages over and over and over again, and this seems to be a requirement of 900 square feet, and people need more storage space than that. It’s very common to have three cars, and you’d want to have all of them in, or a boat and two cars, or something like that, and I know that, where we have had lots large enough to accommodate an oversized garage, I think this Board has always been willing, as long as it doesn’t affect the community and the neighborhood, to really say, fine, it’s okay. I think that’s the case here. There may be feasible alternatives, but given the size of the lot, I’d be in favor of it, and I also think that the applicant has made an appreciable effort to try to not disguise it with kind of a stealth garage, two doors, really three, and I don’t find that the relief is substantial. It’ll keep everything out of site and out of mind., those extra snowmobiles and things like that, and I think I’d be in favor of it very much so. MR. HAYES-Thank you. Chuck? MR. MC NULTY-Well, I’m going to be the negative on this, on a matter of principal, and I expect to be the minority. As has already been indicated, we have tended to approve garages based on the fact that we tend to feel that people need more storage and a small two car garage isn’t big enough, and I think, in effect, what we’re starting to do is change the Zoning Ordinance, and I think the proper 15 (Queensbury ZBA Meeting 10/24/01) response is to change the Zoning Ordinance, not continue to offer variances every time somebody has more toys to house than what they have room for. So on that basis, I’m going to be opposed. I will agree that the solution you’ve proposed is probably far better than stuff left in the yard or another shed stuck on the back, in the back yard. MR. HAYES-Thank you. Jim? MR. UNDERWOOD-I feel that this project probably is more than reasonable because, you know, we’re looking at the existing square footage of about 1960 square feet, and you’re going to add 440 to it. So you’re still going to be a tiny amount, compared to the size of the lot that’s there, and I would be in agreement with what you said, as far as putting things away instead of having them scattered and covered elsewhere on the property. So I’d be in favor of it. MR. HAYES-Thank you. Allan? MR. BRYANT-I think I’m going to have to agree with what Mr. McNulty has said. I think that 212 feet is, and not having my calculator, it’s about 25% or somewhere in that vicinity. So I think it is, you know, substantial, and I think I’d be opposed to the application. MR. HAYES-Okay. Thank you. I think I essentially agree with, you know, with the rest of the Board member in this case. The plans, as they’re depicted to me, as has been pointed out, it’s easier for me to grant relief in a circumstance where the applicant has done some of the work to mitigate the relief. The fact that there’s not three garage doors and there’s only two, I think it does lower the impact on the neighborhood or community, or even, on a precedent basis, I think this is a compromise that I could go for, in that way. I think the relief is moderate compared to the Ordinance. Two hundred and twelve feet, it’s a fair amount of relief, but it’s not excessive. It’s not something that would trouble me over the long term, and I think, as far as the benefit to the applicant, as we’ve already talked about once tonight, we live in the Northeast, and these mowers as Mr. Boor pointed out, these are a reality, in our area that we live in, snow removal equipment and the like, and I think at times there is the need for some additional space. So, all those things considered, I would be in favor of the application. So, would someone like to make a motion? MOTION TO APPROVE AREA VARIANCE NO. 76-2001 TIMOTHY SEELYE, Introduced by Robert McNally who moved for its adoption, seconded by Charles Abbate: 27 Martell Road. The applicant proposes construction of a 440 square foot garage addition. This is 212 square feet of relief from the normal 900 square foot maximum allowable garage size requirement set forth in the Town of Queensbury Zoning Ordinance, Section 179-7. I move the approval of this variance for the following reasons. First, the applicant would be permitted to construct a garage of the desired size in the preferred configuration, in order to put away and store items of personal property and vehicles that otherwise would be set out or covered up on his property. While there may be feasible alternatives, I do not believe the relief is substantial to the Ordinance. This is a parcel of approximately 150 feet by 375 feet. It’s a large parcel. This proposed addition is in keeping with the size of the house and in keeping with the size of the house on the lot. I don’t see that it would have any effect on the neighborhood or community. The applicant has made, as the Chairman has noted, an effort to try to mitigate the impact of an oversized garage on his parcel and on his neighbor’s. While the difficulty may be self-created, certainly the balance of the factors weigh in favor of Mr. Seelye, and for these reasons I move the approval. Duly adopted this 24 day of October, 2001, by the following vote: th AYES: Mr. Abbate, Mr. Underwood, Mr. McNally, Mr. Himes, Mr. Hayes NOES: Mr. Bryant, Mr. McNulty ABSENT: Mr. Stone MR. MC NALLY-You’ve got your garage. MR. SEELYE-Thank you. AREA VARIANCE NO. 78-2001 BARRY E. EGGLESTON AGENT: N/A PROPERTY OWNER: BARRY E. EGGLESTON ZONE: SFR-1A LOCATION: 67 COUNTRY CLUB ROAD APPLICANT HAS CONSTRUCTED A SECTION OF STOCKADE FENCE IN THE FRONT YARD AND SEEKS RELIEF FROM THE REQUIREMENTS OF THE FENCE ORDINANCE. WARREN COUNTY PLANNING 10/10/01 OLD TAX MAP NO. 61-1-5 NEW TAX MAP NO. 296.15-1-5 LOT SIZE: 1.29 ACRES SECTION 179-74, 179-20 16 (Queensbury ZBA Meeting 10/24/01) BARRY EGGLESTON, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 78-2001, Barry E. Eggleston, Meeting Date: October 24, 2001 “Project Location: 67 Country Club Road Description of Proposed Project: Applicant has constructed a section of stockade fence in a front yard. Relief Required: Applicant requests 29 feet of relief for that portion of the stockade fence that exists in the front yard, per § 179-74. Please see definition of Yard, front per § 179-7. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 1. Benefit to the applicant: Applicant would be permitted to maintain the fence in its current location. 2. Feasible alternatives: Feasible alternatives may include removal of the fence and replacement with an allowable type. 3. Is the relief substantial relative to the Ordinance?: The requested relief may be interpreted as moderate. 4. Effects on the neighborhood or community: Moderate effects on the neighborhood may be anticipated as a result of this action. 5. Is this difficulty self-created? The difficulty may be interpreted as self created. Parcel History (construction/site plan/variance, etc.): BP 95-321 c/o issued 8/30/95 240 sf deck Staff comments: Moderate impacts may be anticipated as a result of this action. The fence ordinance prohibits stockade fences in front yards. Front yards are those lands which lie between the right of way of the adjacent highway and the front line of the building projected to the sidelines of the lot. The fence line, as it exists today, appears to have been constructed along with a minor landscaping project on the property. SEQR Status: Type II” MR. MC NULTY-And we have a Warren County Planning Board Project Review and Referral Form October 10, 2001 Project Name: Eggleston, Barry E. Owner: Barry E. Eggleston ID Number: QBY-AV-78-2001 County Project#: Oct01-18 Current Zoning: SFR-1A Community: Queensbury Project Description: Applicant has constructed a section of stockade fence in the side yard and seeks relief from the requirements of the fence ordinance. Site Location: 67 Country Club Rd. Tax Map Number(s): 296.15-1-4 Staff Notes: Staff has reviewed the application for the fence and finds no impact on county resources or facilities. County Planning Board Recommendation: No County Impact” Signed Thomas E. Haley, Warren County Planning Board 10/12/01. MR. HAYES-Okay. Is that it? MR. MC NULTY-That’s it. MR. HAYES-Mr. Eggleston, is there anything you’d like to add to your application or clarify for us? MR. EGGLESTON-No. MR. HAYES-Okay. Are there any questions of the applicant? MR. ABBATE-If I may, Mr. Chairman? MR. HAYES-Certainly. MR. ABBATE-Good evening, Mr. Eggleston. Were you aware of the fact that ordinances prohibit stockade fences, prior to you erecting this? MR. EGGLESTON-I am now. MR. ABBATE-Yes, but that’s not what I asked you. MR. EGGLESTON-Not at the time, no. MR. ABBATE-Okay. At the time you erected the fence, you were not aware of this? MR. EGGLESTON-No. MR. ABBATE-Okay. In effect, what you have requested is an approval after the fact. Is this correct? MR. EGGLESTON-Yes. MR. ABBATE-Yes, okay. Now I notice that there’s no objections, and I notice a letter from a neighbor, and let me say this, Mr. Eggleston. My comments are not indicative of how I’m going to vote. I’m just a little disturbed. I see no neighbors have objected to this, and I looked at your photographs, and, you know what, that’s a nice looking fence. I wouldn’t mind having one like that myself, except that, you know, I know that ordinances prohibit stockade fences, and he wouldn’t go along with it. So I’m a little concerned. Ignorance of the law, it’s an old cliché, is really no excuse. 17 (Queensbury ZBA Meeting 10/24/01) We all have obligations to check into rules and regulations prior to our actions, and if we don’t, then we’re going to be held responsible for our actions, particularly if we determine, or it is determined by some pregnable court or board that it was wrong. So you’re going to have to share some sort of responsibility for this, and I have to think hard about this, Mr. Chairman. MR. HAYES-Okay. Thank you. Are there any other questions for the applicant? MR. HIMES-Yes. The fence, I guess is primarily for privacy. You’ve got down here on your reasons, for privacy and to extend the flower garden. I’m trying to visualize, from a privacy standpoint, you’ve got that, but I don’t think you have anything on the other three sides of your, you know, the front or the. MR. EGGLESTON-Well, when they sold the property on the north side of us, they tore down the house. They tore down the garage, and they cut every tree that was on the property. So that north side, everything is exposed. MR. MC NALLY-Who purchased that property? MR. EGGLESTON-Ed Tyler, Edward Tyler, from Whitehall. MR. MC NALLY-And that was just recently, because the ground’s all torn up. MR. EGGLESTON-Yes, that’s why we put the fence up. MR. HIMES-But that actually removed, that put the population further from you, didn’t it? The fact that that. MR. EGGLESTON-But it also exposed the side yard and the back yard. MR. HIMES-Yes, okay. Yes, I understand. I’m just making a point that there might have been somebody right close to you. Now there isn’t, but thank you. MR. HAYES-Any other questions? MR. BRYANT-Yes. You had mentioned in your comments about the deer population, but you don’t have any fences anyplace else in the area. How does that protect? MR. EGGLESTON-I’ve put in metal conduit, and I’ve strung mesh deer netting around the perennial garden. MR. BRYANT-And that prohibits the deer from coming on the property? MR. EGGLESTON-No, but it prevents them from destroying as much of the garden as I can. MR. MC NALLY-Can I ask you, sir, did you install this fence yourself? MR. EGGLESTON-My brother and I did. MR. MC NALLY-You did? MR. EGGLESTON-Yes. MR. MC NALLY-So it’s not like a company came and put it in there. MR. EGGLESTON-No. We put it in one Saturday. MR. MC NALLY-And when did you put it up? It was relatively recently. MR. EGGLESTON-Yes. Right after they destroyed the trees. MR. MC NALLY-This spring? MR. EGGLESTON-Yes. It was during August. MR. HAYES-Is there any other questions for the applicant at this time? MR. MC NALLY-This fence is how tall, about? MR. EGGLESTON-It’s about six feet. 18 (Queensbury ZBA Meeting 10/24/01) MR. MC NALLY-Six foot. Did you ever consider, perhaps, a shorter fence in front of your yard? Wouldn’t that work? MR. EGGLESTON-You mean cutting it down to four feet? MR. MC NALLY-Yes. I’m just trying to get an idea if you considered it or if maybe that might be something that would work. MR. EGGLESTON-If necessary, we will. MR. HAYES-Are there any other questions for the applicant? Okay. Then I’ll open the public hearing. Is there anyone here that wishes to speak in favor of the application? Please come forward. Please give us your name, too, when you arrive. PUBLIC HEARING OPENED ROBERT PURDY MR. PURDY-Yes. I’m Robert Purdy. I live at 75 Country Club Road. I’m three houses north of Barry, and I think the fence is an asset to the community there. I think it’s very attractive. He’s set it back far enough from the road so it doesn’t obstruct any view from any of the other property owners coming in and out. So that’s the way I feel about it. MR. HAYES-Okay. Well, thank you. MR. PURDY-He put a lot of hard work into it, and a lot of money, and like I say, I think it’s very attractive. MR. HAYES-All right. Thank you. Is there anyone else that would like to speak in favor of the application? Anyone opposed? Any correspondence? MR. MC NULTY-We have two pieces of correspondence. One’s from a Mr. Richard Purdy at 71 Country Club Road, it says “I’m Mr. Eggleston’s neighbor north of him at 71 Country Club Road. I think his new fence is very nice and enhances the looks of the neighborhood. It doesn’t block the view of the road and it gives Mr. Eggleston some privacy that he desires. Mr. Richard Purdy 71 Country Club Road Queensbury, NY 12804” And then we have a letter from W. Edward Tyler, who lists his address as 12182 State Route 22 Whitehall, New York 12887 “To Whom It May Concern: I own the property located at 69 County Club Road, Queensbury, New York (Tax Map #296.15-1-4). I border Lillian M. and Barry Eggleston who live at 67 Country Club Road. The Egglestons recently put up a very nice vinyl, stockade fence between us. I feel the fence enhances the neighborhood. I do not find it offensive and it does not in any way block my view so that I can’t enter or exit my property safely. I feel the Egglestons should be allowed to leave the fence where it stands. Respectfully, W. Edward Tyler” MR. HAYES-Thank you. Is that it on the correspondence? MR. MC NULTY-That’s it. MR. HAYES-Then I’ll close the public hearing. PUBLIC HEARING CLOSED MR. HAYES-Let’s talk about it, gentlemen. First is Norm. MR. HIMES-Thank you. Acknowledging the fact that the fence has already been constructed, that has been discussed, one thing that, in the zoning code, this paragraph all by itself, and it says, no stockade type fence shall be allowed in any front yard, period. No qualifications. It makes it a little difficult for me, or maybe some of the rest of us, to think, well, now, how can we just say well, yes, we’ll put up a stockade fence. I mean, for what reasons? And I might say that that’s just the front yard, and your fence is already quite a distance back from the road, you know. Maybe you could bring it back to a little further where it would be out of the area that’s described in the Code as the front yard, and then, evidently you could have such a fence, but I think that there are, whether you do that or not, I would not be in favor of this application as it stands right now. That’s about it. MR. HAYES-Thank you. Bob? MR. MC NALLY-My impression, from what little Mr. Eggleston has said, is that he’s an upright and honest man, and I take him at his word that it was an honest mistake in not knowing what the Code 19 (Queensbury ZBA Meeting 10/24/01) was about. I was also impressed with the fact that he’s got a nice garden. I enjoy gardening. So I can sympathize with him very much. The feasible alternatives, though, would include, if you needed to screen a view, a selection of shrubs and trees and bushes that perhaps might replace some of those things that were taken down, or the alternative, replacement of the fence with something of a more appropriate size within the zoning code. Whether relief is substantial relative to the Ordinance is something that I have to agree with Staff, that they interpret it as moderate. I’m always struck that if you do a good job and make something nice, should we let you have it or should we not let you have it, and this is a nice fence. It’s an attractive fence. It’s an attractive garden. It’s an attractive landscaping, but I know that we’ve had many applicants come before us asking for stockade fences in the front of their yard, and I think, you know, formally, across this Town, at least when they’ve asked, sometimes they put it in without asking, and we only find out when a neighbor complains, but when that happens, we’ve not been very favorably disposed toward approval of something like this, and I think I come down to aesthetics. The side of the yard, that it sticks out in front of the house. It’s quite apparent as you walk up the road, however nice looking it is (lost word), and I don’t see any substantial effects upon the neighborhood or community, but I do see the difficulty as self created is a tough one for me, and I think that I’m weighing against it, and I would like to hear what the other Board members have to say. MR. HAYES-Thank you. Chuck? MR. MC NULTY-I guess a question, first, just struck me. You said the fence is about six feet high, and one of the requirements is a fence in the front yard can’t be more than four feet. So he needs double relief, really, if he’s to get it. He’s going to need relief for the stockade fence in the front yard, and relief for a fence that’s greater than four feet in height. MR. BROWN-Sure, that’s correct, if you choose to grant relief. MR. MC NULTY-If we choose to grant the relief. I’ll agree with everybody. It’s a nice looking fence, and I think it’s a nice job there. The problem comes with the fact that it’s a stockade style fence, and it exceeds what the Ordinance calls for for height in the front yard, and absent compelling reason for that particular height and that particular style of fence, I think I’ve got to be opposed. I think there’s some alternatives, picket style fence or something else that might create a similar look, but not violate the Ordinance. So, I’m going to be opposed. MR. HAYES-Thank you. Jim? MR. UNDERWOOD-Yes. I live up the road, and I kind of watched the transmortification of the lot next door, tearing down the trailer and that nice big huge maple tree that was there, and all those things, but at the same time, as you started to build the fence and I kind of watched it go up section by section, I kept wondering if it was going to go all the way out to the road, but of course it didn’t, but at the same time, it does exceed what the height parameters are, and I think that we have to keep in mind that, driving down Country Club Road, it’s the only fence you see on the road there, and that’s the one thing that struck me more than anything, and I think that if you went with something a little bit smaller or took out two sections in the front, maybe. I’m not sure if that would be enough to modify it. It does kind of walk down the hill there. So as far as blocking the view, I don’t think it really hurts anybody’s view of the road going in and out and the driveways and things like that either, but I just, I kind of still have a hard time understanding why it’s there, why it had to be so big. So I’m sitting on the fence on that, too. MR. HAYES-Okay. Allan? MR. BRYANT-I think, as a Board, we have a tendency to look at an application where the construction has already happened or started with a different view than one that hasn’t started. I understand what most of the Board members have said about the height of the fence and the style of the fence in that particular location, and I agree with them somewhat, but I’ve got to say, as far as the effects of the neighborhood are concerned I think the landscaping is very nice. The fencing enhances the landscaping. I think the front of the house is back far enough, and the fence is back far enough from the road. I think those regulations relating to fence height are specifically there so that you have clear visibility of the road when you come in and out of a driveway, and I don’t think that that fence really effects your, because I pulled into the driveway, and I didn’t see any effect. I was able to get back on the road. So, from that standpoint, understanding what all of the other Board members have said, I think in this particular case, because of the enhancement, I would be in favor of the application. MR. HAYES-Thank you. Chuck? MR. ABBATE-Thank you, Mr. Chairman. Mr. Eggleston, I’m well aware that my opening remarks were rather harsh, and I indicated to you that that may not be indicative of the way I’m going to vote. There are two Board members who are on the fence at this particular time, and I’m going to do 20 (Queensbury ZBA Meeting 10/24/01) everything I can, with the talent that I have, to try to persuade them to go with me. First of all, I believe that you are an honest man. Second, I believe that you had no intentions of doing anything of a malicious nature. You had no intent to deceive this Board. You had no intent to deceive the Town and I have always believed that none of us are infallible, and secondly I always believed that perhaps somewhere along the line, we all may be in the position to view, perhaps, a decision based upon a humanitarian appeal, and based on that, sir, I’m going to support your application for approval. MR. HAYES-Okay. Thank you. Well, I think I agree with the rest of the Board members that the fence itself is fairly attractive, and it’s well done, as is the rest of your property there, and I think that makes everyone a little more into the balancing mode here, as they’re getting to their comments. As I look at the fence, this was presented before you had constructed it, would I approve a stockade fence that far out to the road, I honestly can say I don’t think that I would. I think that we have to be concerned with protecting the Code, but also with precedents we set. On the other side, I think part of the, at least my apprehensions and the reasons that I haven’t supported stockade fences in front yards in the past was we’re kind of, when you get the wrap effect and you get like the Fort Apache look, I call it, and it doesn’t look good, and it presents a barrier, and it kind of breaks up the continuity of the other homes in the area, but I don’t think that this fence does that. It’s linear. It runs down the parallel portion of the property and doesn’t meet up with the house and create this barrier that looks like a fortification of some kind, which some stockade fences do. I also, I want to ask the question to Craig, in that the top foot of this fence is like latticework, and I’m not sure that that part of the fence would be considered stockade. MR. BROWN-That’s correct. I’ve reviewed some measurements here, Mr. Frank took. Actually, the fence is a six foot fence. The first four and a half are stockade, and the other foot and a half are kind of a lattice style. Do those measurements seem correct to you? MR. FRANK-Yes. MR. HAYES-Okay, and in my mind, that does mitigate, to some degree, again, the fence, because you can see through that portion of it. I guess I would come down on the compromising position. How long are the sections of this fence? How long are they? MR. EGGLESTON-Six feet. MR. HAYES-They’re six feet. I guess, if you would take, I would be in favor of some compromise where you would remove two, maybe three sections of that fence, and remove them to the rear, which would be granting you still 10 or 12 feet of relief, in this particular case, on a four and a half foot fence, and in my mind, that would represent very minimal relief, and it would also represent a compromise that the neighbors seem to be fine with the fence as it is, but we have a job to protect the Code, but I’m only speaking for myself. I think if we granted 10 or 12 feet, I would be in favor of a motion to that effect, but again, it’s based on the rest of the Board, and as Chuck pointed out, whatever motion is made, we need to not grant or grant relief on a half a foot of the fence, and also the part of it that exceeds the front extension of the house. So, having said that, is there anyone out there that would like to make a motion? MR. MC NALLY-I’d comment, that’s a good suggestion, a compromise. That would get rid of some of my concern that it’s projecting as far out to the front of the house as it currently is. Again, it’s not something it’s not something, I guess, we could impose on you, sir, but we would ask if you would consider it. MR. EGGLESTON-How many sections? MR. MC NALLY-Taking two. MR. HAYES-That would go from 29 feet to 17 feet of relief, if he took two sections out, essentially, but it’s got to be a. MR. EGGLESTON-Agreed, two sections. MR. MC NALLY-Does that sound reasonable? I could live with that. MR. HAYES-How does everybody else feel about that, or should we just make a motion and see where it goes? MR. ABBATE-I could live with that as well, Bob. MR. HIMES-That’s what I said at the beginning, that to bring it back all the way to the side, but I’d go along with some compromise. 21 (Queensbury ZBA Meeting 10/24/01) MR. HAYES-Does someone want to make a motion, then, that we can vote on? MOTION TO APPROVE AREA VARIANCE NO. 78-2001 BARRY E. EGGLESTON, Introduced by James Underwood who moved for its adoption, seconded by Allan Bryant: 67 Country Club Road. The applicant has constructed a section of stockade fence in the front yard, and the applicant is requesting 29 feet of relief for that portion of the stockade fence that exists in front of the house, per Section 179-74. The benefit to the applicant, the applicant would be permitted to maintain the fence in its current location, and what we would ask is that we would remove two sections. So the applicant relief would drop from 29 down to 17, or whatever the length of those first two sections would be. The alternatives would be that we remove the entire fence, but two sections back would kind of remove a lot of it out of the front yard towards the road, which would mitigate it to some extent. Is the relief substantial relative to the Ordinance? The relief would probably be interpreted as moderate still, since it’s still projecting out into the front, but it’s a reasonable compromise. Effects on the neighborhood or community, to keep the whole fence there would be moderate effects, and I think this would kind of minimize the effects of it to a degree, and it’s a compromise, and is this difficulty self-created? The fence was built, not having knowledge of the fact that stockade fences weren’t allowed, but as Craig pointed out, it’s not really a true stockade fence. It has that mesh up on the top part of it. The height should be a maximum of four, so we would be granting relief for two feet, for a six foot fence, and for a portion of that fence to be stockade, and that the applicant has agreed to remove the two sections of fence. Duly adopted this 24 day of October, 2001, by the following vote: th MR. MC NALLY-Is there relief for the lattice portion? MR. UNDERWOOD-I don’t think you count it, do you? MR. BROWN-Yes. Any fence in the front yard can be a maximum of four feet, regardless of the style. So essentially what it sounds like you want to grant is two feet of relief for a six foot fence, and then relief for a portion of that to be stockade, that’s in the front yard, because stockade is strictly prohibited. So, I think that’s the direction you’re headed in. MR. HAYES-Right. MR. BROWN-And just a question. Is this a condition of the approval that the fence be removed, or has that been offered, that he’s going to remove? MR. HAYES-Well, I think we’re only approving 17 feet of relief. MR. BROWN-Okay. I think, did you offer to remove the? MR. EGGLESTON-No, I understood what they were saying. MR. BROWN-Okay. I just wanted to be clear. MR. HAYES-Anything closer than 17 feet, i.e. those two sections, will be out of compliance. MR. BROWN-Okay. I just wanted to be clear. MR. MC NALLY-The record should reflect, Mr. Eggleston, that you agree to remove those two sections. MR. EGGLESTON-Yes. MR. HAYES-So stipulated then, okay. AYES: Mr. Abbate, Mr. Bryant, Mr. Underwood, Mr. McNally, Mr. Himes, Mr. Hayes NOES: Mr. McNulty ABSENT: Mr. Stone MR. HAYES-There. Just take down those two sections and put them on the back and you’ll be okay. MR. EGGLESTON-Okay. Thank you, sir. 22 (Queensbury ZBA Meeting 10/24/01) MR. HAYES-Okay. Thanks. AREA VARIANCE NO. 80-2001 TYPE II JENNIFER AND GARY RANDALL AGENT: STEVEN N. MILES – MILES CUSTOM HOMES PROPERTY OWNER: JENNIFER AND GRAY RANDALL ZONE: SFR-1A LOCATION: 3 ROBERTS COURT – SOUTHERN EXPOSURE APPLICANT PROPOSES CONSTRUCTION OF A SINGLE FAMILY DWELLING AND SEEKS RELIEF FROM THE SETBACK REQUIREMENTS OF THE SFR-1A ZONE. OLD TAX MAP NO. 150-1-6.63 NEW TAX MAP NO. 308.18-2- 69 LOT SIZE: 0.46 ACRES SECTION 179-20 STEVE MILES, REPRESENTING APPLICANT, PRESENT; GARY RANDALL, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 80-2001, Jennifer and Gary Randall, Meeting Date: October 24, 2001 “Project Location: 3 Roberts Court Description of Proposed Project: Applicant proposes construction of a single family dwelling. Relief Required: Applicant requests 6 feet of relief from the 20 foot minimum setback requirement of the SFR-1A zone, § 179-20. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 1. Benefit to the applicant: Applicant would be permitted to construct the desired home in the preferred location. 2. Feasible alternatives: The alternate floor plan design depicted in BP 2001-648 may be a feasible alternative. 3. Is this relief substantial relative to the Ordinance?: 6 feet of relief from the 20 foot requirement may be interpreted as moderate, relative to the Ordinance. (30%) 4. Effects on the neighborhood or community: Moderate effects on the neighborhood may be anticipated as a result of this action. 5. Is this difficulty self-created? The difficulty may be interpreted as self created. Parcel History (construction/site plan/variance, etc.): BP 2001-648 issued 9/11/01 3322 sf Single Family Dwelling Staff comments: Minimal to moderate impacts may be anticipated as a result of this action. The proposed construction appears to be the original intent of BP2001- 648. Plans have been modified and the permit issued for compliant construction. No approvals have been issued for the additional construction proposed. SEQR Status: Type II” MR. HAYES-Thank you. Fire away. MR. MILES-I’m Steve Miles of Miles Custom Homes. We originally designed this home based on the understanding the setbacks were different from what Mr. Brown is telling me. I still have some confirmations here of what I’m finding on Hudson Pointe subdivisions, what he’s tying it to, and I think it just has to be measured out as to what the real rear setbacks should be on those lots. Southern Exposure was done back in 1982, from what I’m getting from all these maps that I have. The side setbacks are not a problem. The rear setback is. When Hudson Pointe was approved in 1994. There were some concessions made, but all the maps say that Southern Exposure was to stay as filed. I have a copy of Lots 1 through 49. They are one third acre lots. This is trying to be considered as a half acre lot. All of Southern Exposure is one third acre. This is .46 acres. There’s seven lots in Hudson Pointe, Lots 1 through 49. Some of those are actually over half an acre, but they still have 10 foot rear setback. I’m just asking that they be considered the same as what’s already over there. MR. HAYES-Okay. You understand that we go by Mr. Brown’s determination, and that if you want to appeal that determination, that’s a separate course of action. Tonight we’re just going to consider the relief, as an Area Variance, and either grant or deny that, but the interpretation of what is, in fact, the proper rear setback, that would have to be an appeal, I believe, essentially. That’s another matter, but we’re going to hear the Area Variance in its entirety, assuming a 20 foot setback, in this particular case, and you can appeal the other part of it later, if it’s necessary. MR. MILES-All right. MR. HAYES-All right. Is there anything you’d like to add to the application or clarify for the Board, Mr. Randall? MR. RANDALL-No. Pretty much I guess we’re trying to decide which way to go about this, to somewhat fight it or to, or go by, this means listening to everyone else that’s come up before us. It was definitely, I guess it’s a misinterpretation of what should or shouldn’t be. Where we’re at right now is kind of a standstill towards the back, in hopes of getting this relief. We reside in Queensbury now. We run a business in Queensbury, and we still love to live in Queensbury. We chose that spot. We work hard. This is our dream home, and it’s what we want, and what we’re trying to get. That’s it. MR. HAYES-Okay. Are there any questions for the applicant at this time? 23 (Queensbury ZBA Meeting 10/24/01) MR. ABBATE-If I may, Mr. Chairman. The plans will reduce, I’m going to go through this, and if I’m in error, please correct me. The plans will reduce from 3,322 square feet to 2,239 square feet. Is that correct? MR. MILES-No. MR. ABBATE-Okay. Show me where I’m wrong. MR. MILES-The only changes were that instead of going out 14 by 14, it’s just out 8 feet by 14 foot. That is the alternative, and we’re under construction right now, but we did not do anything with that last six feet, nor have we done anything with that eight by fourteen area until we get a decision from the Board. MR. ABBATE-So you’re saying that this BP 2001-648, which was issued 9/11/01, has nothing to do with this application this evening? MR. MILES-No. I’m just saying, it doesn’t sound like there’s that much square footage. You’re only talking about six foot by fourteen foot, a difference of 84 square foot. MR. ABBATE-All right. Now, look, I’m getting confused here now. A permit was issued on 9/11/01 for a 3,322 square foot single family dwelling. Am I correct? MR. MILES-Yes. MR. ABBATE-Okay. Good. We agree on that. Number Two, the application this evening, and I’m, on the information you’ve submitted to us indicates it’s 2,839 square feet? MR. MILES-That could be an error. I’m not sure. MR. BROWN-That’s the footprint of the house. MR. ABBATE-That’s the footprint. So the original 3,000 remains? MR. BROWN-That’s correct. Yes. MR. ABBATE-Okay. All right. Well, we answered that question. What is the height of this building, just out of curiosity? MR. MILES-Twenty-four feet to the ridge, roughly. MR. ABBATE-About 24 feet? Don’t you have plans that you can give me a more definitive number? MR. MILES-Yes. Twenty-six and a half feet. MR. ABBATE-Okay. Twenty-six and a half feet. All right. Thank you, sir. That answers that question. For now, Mr. Chairman, thank you. MR. HAYES-Okay. Thank you. MR. UNDERWOOD-Question for you, Craig. Have a lot of these lots had this problem with the side setbacks from the back down in Hudson Pointe? MR. BROWN-No. MR. UNDERWOOD-I didn’t think it was the concern. MR. BROWN-We can talk about that if you want to, but what we have in front of us is a 20 foot setback. MR. HAYES-Yes. That’s a separate decision, and there’s no point in going down that path because we may end up there anyway. MR. BRYANT-I have a question. Is that okay? MR. HAYES-Certainly, yes. MR. BRYANT-Thank you. Just for my mind, here. The original building permit application, the solarium was eight by fourteen? 24 (Queensbury ZBA Meeting 10/24/01) MR. MILES-The original, yes. The original print of the house was 14 by 14, but in order to comply with the Code and get going on this thing, we set it through an eight by fourteen. MR. BRYANT-And so you actually designed the house? MR. MILES-Yes. MR. BRYANT-Okay. So when you designed the house and submitted the application, it was actually eight by fourteen? MR. MILES-Correct. MR. BROWN-Originally it was 14 by 14, and I notified Mr. Miles that it didn’t meet the setbacks so he modified the drawings to construct an eight by fourteen in order to get construction underway, and then he decided to apply for a variance to get the additional six feet. MR. HAYES-I guess it’s important for us to understand, though, that you haven’t started construction on that part of it, yet, though. MR. MILES-Correct. MR. HAYES-Okay. All right. Are there any other questions? MR. MC NALLY-I did. Just so that I understand, this solarium, what the heck’s a solarium? Is it like an enclosed porch, a three season porch? MR. RANDALL-It’s a four season living area. Basically a gathering room, off the back of the kitchen. MR. MC NALLY-It’s adjacent to the kitchen? MR. RANDALL-That’s correct. MR. MC NALLY-The main part of the house is the kitchen, and then there’s a sitting area? MR. RANDALL-Where you normally would see a breakfast nook, where it says the larger room, the gathering room. MR. MC NALLY-And I think you answered my question regarding what it was on the building permit. MR. ABBATE-Mr. Chairman, did I hear someone said that construction has already begun? MR. HAYES-No. He said that they have purposely not constructed in that area. MR. ABBATE-Okay. Thank you. MR. HAYES-All right. If there’s no more questions for the applicant, then I’ll open the public hearing. Is there anyone here that would like to speak in favor of the application? Please step forward. Anyone opposed? Any correspondence? MR. MC NULTY-No correspondence. PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED MR. HAYES-Let’s talk about it, gentlemen. I guess first on this one is Bob. MR. MC NALLY-I think it’s a lovely home, at least what little I’ve seen of it on the plans. I’m not sure we have all of them. The applicant would certainly be permitted to construct the desired home in the preferred location. So the first factor weighs in your favor, but whether there are feasible alternatives, unfortunately, I think, is something that’s belied by the building permit. Apparently there must be feasible alternatives since a building permit was issued and some plan and thoughts were put into building a home with a somewhat smaller solarium. Is the relief substantial relative to the Ordinance? I find it moderate. A 25% increase or reduction in the 20 foot requirement would 25 (Queensbury ZBA Meeting 10/24/01) certainly be moderate. The effects on the neighborhood or community, I think there’s a need for some continuity from lot to lot, and this is new construction. Don’t get me wrong, but that weighs in with the last factor, too. It’s a Tabula Rasa. It’s blank slate. You can build, and as long as you’re going to build, you might as well build in accordance with the Code. So, I find that the difficulty is self created, and I would be opposed to this application as it’s submitted. MR. HAYES-Chuck? MR. MC NULTY-I come down about where Bob does. It’s a case that this is new construction. There’s an opportunity to fit the new house to the lot and the requirements, and I don’t see any compelling reason to allow the variance. I think there is a need to be consistent lot to lot, and I think it would have an effect on the neighborhood. So I’m going to be opposed. MR. HAYES-Thank you. Jim? MR. UNDERWOOD-Yes. I think we have to look at the size of the house that’s there on that lot. I mean, the house itself is 73 feet across by 36, you know, plus that little addition, whatever it would be on the back, whether it’s eight by fourteen or fourteen by fourteen, and I don’t think it’s really a make or break situation. You’re still going to have a solarium, and eight by fourteen is going to give you some room. It’s going to give you the benefit of the sun exposure there, and so I don’t think I could approve this either. MR. HAYES-Allan? MR. BRYANT-I think I agree with the other Board members. I think we have to balance the desire to have the room, versus the need to have the room, and in this particular case, I can understand wanting the room. However, I would fall on the side of the Code, and be opposed to the addition. MR. HAYES-Chuck? MR. ABBATE-Thank you, Mr. Chairman. This is new construction, gentlemen, and there’s equal time for a reasonable solution, and unless a reasonable solution is presented to this Board, I would favor on the side of my fellow Board members in denying your request. MR. HAYES-Norm? MR. HIMES-Thank you. I agree with the comments made by the other Board members, and I would not support this application. Thank you. MR. HAYES-Well, as you can see, you have six votes against right now. So I won’t spend a lot of time commenting on the aspects of the case. I guess my recommendation to you is, or an option to you, is to appeal the decision of the 20 foot setback, because, at this point, we’re clearly in the position to deny the application. So, would you like to withdraw the application in lieu of the appeal, or would you like us to deny the application, because that’s what’s going to happen. MR. RANDALL-I would like to withdraw so we can appeal it. MR. HAYES-Okay. Do they need a denial to go for an appeal, Craig? MR. BROWN-No. MR. HAYES-Okay. MR. MC NALLY-That would be an appeal from Chris’ decision. MR. BROWN-Well it was my decision, yes. MR. HAYES-It’s an appeal of the Zoning Department determination that it’s a 20 foot setback instead of a 10 foot setback, essentially. MR. MC NALLY-Okay. MR. RANDALL-Could you tell me what the steps would be? MR. HAYES-You’d have to see Mr. Brown and he’ll explain that to you. All right. Thank you. MR. MILES-Thank you. MR. RANDALL-Thank you. 26 (Queensbury ZBA Meeting 10/24/01) AREA VARIANCE NO. 75-2001 TYPE II TODD J. BAPP AGENT: N/A PROPERTY OWNER: ROBYN TRUST ZONE: SFR-20 LOCATION: 72 EVERTS AVENUE APPLICANT HAS CONSTRUCTED A 448 SQ. FT. CARPORT AND SEEKS RELIEF FROM THE SETBACK REQUIREMENTS OF THE SFR-20 ZONE. OLD TAX MAP NO. 108-1-29.1 NEW TAX MAP NO. 302.8-2-73 LOT SIZE: 2.14 ACRES SECTION: 179- 20 TODD BAPP & BETTY NELSON, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 75-2001, Todd J. Bapp, Meeting Date: October 24, 2001 “Project Location: 72 Everts Avenue Description of Proposed Project: Applicant has constructed a 448 sf carport addition. Relief Requested: Applicant requests 10.8 feet of relief from the 15 foot minimum setback requirement of the SFR-20 zone, § 179-20. Additionally, the applicant seeks relief for the expansion of a non-conforming structure per § 179-79. Criteria for considering an Area Variance according to Chapter 267 of Town Law: 1. Benefit to the applicant: Applicant would be permitted to maintain the carport as built. 2. Feasible Alternatives: Feasible alternatives may include alteration of the carport to a more compliant location. 3. Is this relief substantial relief to the Ordinance?: 10.8 feet of relief from the 15 foot requirement may be interpreted as moderate to substantial, relative to the Ordinance. (72%) 4. Effects on the neighborhood or community: Minimal to moderate effects on the neighborhood may be anticipated as a result of this action. 5. Is this difficulty self-created? The difficulty may be interpreted as self created. Parcel History (construction/site plan/variance, etc.): BP 2000-505 submitted 7/18/00 448 sf carport….. not issued Staff comments: Minimal to moderate impacts may be anticipated as a result of this action. The subject property appears to have ample room for compliant construction. A portion of the difficulty may be attributed to the uncommon angle at which the property line runs back from the road, however, an accurate plot plan would have identified such a condition prior to construction. SEQR Status: Type II” MR. MC NULTY-No County. MR. HAYES-Thank you. Hello. Please identify yourselves. MR. BAPP-Hi there. Todd Bapp, 72 Everts Avenue in Queensbury. MRS. NELSON-Betty Nelson, and I own the property, he’s buying it under contract from us. MR. HAYES-Okay. Thank you. Is there anything you’d like to. MRS. NELSON-Robyn Trust. MR. HAYES-All right. Fine. Is there anything you’d like to add to the application, Mr. Bapp? MR. BAPP-Yes. I did start to erect the carport, which was going to be a temporary thing to start with , and Mr. Hatin came down and inspected the concrete, at which time I applied for a permit and he did come and inspect the concrete, made me dig up one to show that they were four foot in depth. At that point, we didn’t know where the property lines were on the property, or we could have changed it from that point, but now it is erected, and we are closer to the line than we expected, after we had the property surveyed. MR. HAYES-Okay. MRS. NELSON-Could I say something, please? MR. HAYES-Certainly. MRS. NELSON-Being the owner, my husband had gone down there with the surveyor, prior to Todd and Tina purchasing the property, and from the maps that he had and whatever information he had, I guess, thinking in terms of, Todd had asked if he could put up a carport or whatever, and the person that did ultimately do the survey had thought that, you know, the setback was going to be fine, but the way, what is it, a right of way or something there. Am I describing that right? MR. BROWN-No, I think it’s just another property line there, another fee ownership. MR. BAPP-The driveway is blacktopped from who knows when, the driveway has been a right of way. 27 (Queensbury ZBA Meeting 10/24/01) MRS. NELSON-Yes. It’s been a right of way for years and years, and by looking at it, just visually looking and pacing it out, he felt that it was okay, but unfortunately after he did the actual survey, which his time didn’t allow at that point, it came up that it is over a bit. MR. HAYES-So, in summation, an honest mistake then, I guess, is what you’re saying. MRS. NELSON-Well, yes, basically. It wasn’t that we. MR. BAPP-Well, it was very much an honest mistake, and also Craig had explained it to me that he and Mr. Hatin kind of weaved back and forth together, and had they gotten weaved together a little closer, this project wouldn’t have taken place, and we wouldn’t be in this situation right now. MR. BROWN-I’m not sure exactly what we’re talking about here, and if you want, I can give you a little history as far as what I know about the construction of this carport, but if you want that, I can certainly do that. MR. HAYES-That’s fine. Please do. MR. BROWN-Okay. My understanding is that the carport had been constructed prior to any inquiries or applications that were made to the Town, and upon discovery that the carport was there, Mr. Hatin stopped and said, this type of construction is going to require a building permit. While I’m here, maybe I can solve some of your questions if I can inspect one of the piers, your footings, to determine if it’s at least four feet deep. Then we’ll make sure we include that as part of the application. Ultimately, we got Mr. Bapp to submit a building permit application, mid-2000. Subsequently, we asked him several times for a plot plan to determine where it was going to be constructed on the property, to see if it met the setbacks, and if it did, then we could go ahead and actually issue the building permit. It took a long time to get that drawing from him, and ultimately found out that the property line was in a position that didn’t afford him enough room to build in a compliant location. So I don’t think he was inferring that the Town went down there and said, hey, this is okay, continue construction, because that’s not what happened. It was constructed. We found out about it, asked him to file for a permit, and then that’s when we got into this process. MR. BRYANT-When you say it was constructed, prior to the application of the permit, what are we talking about, June, May, when was the carport actually put up? MR. BAPP-I would say, May we bought the property. We had no garage or storage area. It was probably June, right in that area. MR. BRYANT-June? MR. BAPP-Yes. MR. BRYANT-So then the following month somebody discovered the carport, and then he applied for the permit. Is that what you’re saying? MR. BROWN-No. I would think very shortly after the carport was under construction, somebody from the Building Department stopped by. MR. BRYANT-So it wasn’t complete when? MR. BAPP-No. MR. BROWN-I don’t, no I don’t think so. MR. BAPP-No, it was not. There was no roof. MR. MC NULTY-And we’re talking Year 2000? MR. BROWN-The Year 2000, and since it has been, apparently, completed. I think the roof is completed on it now? MR. BAPP-The roof is completed, yes. At that point, I was asked not to go any further, and then Mr. Hatin made a special appointment with me to come back down, after, because I had to dig up the concrete. So he came down with a special appointment, and he did sign the paper which I don’t have. At that point, I thought my permit was all good to go. I had spent the $25 and I felt we were good. Now Craig explained to me earlier that their aerial photo had showed that we were too close to the line, but that was three months after, I didn’t hear anything from the Town of Queensbury for three months. 28 (Queensbury ZBA Meeting 10/24/01) MR. BRYANT-I’m not really understanding at all, because, maybe I’m not hearing, because I think you have to speak a little bit louder. MR. BAPP-Sorry about that. MR. BRYANT-But you started building a carport. Then the Town got involved, and you applied for this permit. MR. BAPP-Right. MR. BRYANT-Which never was issued, and you continued to build a carport after the fact. I don’t understand. I’m not following that. MR. BAPP-I was never asked to stop building the carport. MR. ABBATE-I see. Mr. Bapp, help me out. Let me try to get the sequence of events here, so I don’t have an attack here. July the 18, Year 2000, you submitted a request for a 448 square foot th carport, is that, correct? Number One. MR. BAPP-Yes, sir. MR. ABBATE-So that’s correct. Fine. Number Two, is it also correct that the permit was not issued? MR. BAPP-I guess that is correct. MR. ABBATE-Well, no, either it was or it wasn’t. MR. BAPP-I had a piece of paper that was on my window that said that I paid the $25 for. MR. ABBATE-I want it for the record. Was a permit issued to you to build a 448 square foot carport on July 18, 2001? MR. BAPP-No, sir. MR. ABBATE-Thank you. So we took care of that. Now, my other question is this. You submitted the request to have this carport constructed. Is that correct? MR. BAPP-Yes, sir. MR. ABBATE-Good. We answered that, and when you submitted this request, did you submit a plan for this request? MR. BAPP-Yes, sir. MR. ABBATE-Where it was going to be built and everything else like that? MR. BAPP-Yes, sir. MR. ABBATE-Okay, and based upon the plan, and your request, the Town, in its infinity wisdom, said no. Is that correct? MR. BAPP-That is not correct, because I took pictures and took it up there, and they never told me not to go any further with the project. After I had spent the $25 for the permit, which I thought I had received the permit, because I did get a yellow piece of paper. MR. ABBATE-Wait a second. You’re confusing me. You received, see, you have to go slow with me, because I’m 70, okay. You received a yellow piece of paper, correct? MR. BAPP-Right. MR. ABBATE-And what did the paper say? MR. BAPP-I truly have no idea. MR. ABBATE-Maybe it said you’re going to be charged with a felony. MR. BAPP-It very well could have. 29 (Queensbury ZBA Meeting 10/24/01) MR. ABBATE-So you’re operating under a set of circumstances in which you have no idea what time of day it is, and then based upon, what you said to me, you have no idea what time of day it is, you said, the hell with them. I think I’ll build a carport anyway, and now you find yourself in the situation that you have to come before this Board. Is that correct? MR. BAPP-That is correct, sir, and it’s a lovely Board, it is. MR. ABBATE-Thank you. MR. BRYANT-One other question in that regard. Okay. I just want to understand. Somebody told you not to continue construction? MR. BAPP-If that be the case, nothing has been nailed or anything since that point. MR. BRYANT-There’s a carport that exists, though. MR. BAPP-There’s a carport erected, yes, there is. MR. BRYANT-So you built that after the fact, though, is what I’m trying to understand. MR. BAPP-I truly don’t know if it was completely built before David Hatin came down to inspect the concrete. MR. BRYANT-Okay. The purpose of the carport, you’ve got a dump truck there, and the carport is a big high enough to fit the dump truck? MR. BAPP-Sure, yes. MR. BRYANT-And that’s what the purpose of it is? MR. BAPP-Yes. MR. BRYANT-For commercial vehicles on a residential lot. MR. BAPP-And lawnmowers, and again, outdoor power equipment. I have a snowmobile. My son has a snowmobile. We have motorcycles and that type of stuff, yes, to get it out of the weather. MR. BRYANT-Okay, but the point I’m trying to make, you don’t need a 20 foot high carport to put a lawnmower in. It’s for the dump truck, a commercial vehicle. MR. BAPP-It’s to get a vehicle in, sir, but also, the windows at the back of the house, the foundation is off the ground about three foot, okay. So the windows, from the upstairs to the downstairs, which also is an older addition on the back of the house, we had to run along that heather to get something to bite into good for the carport. MR. ABBATE-Maybe I’m being too harsh. What do you do for a living, sir? MR. BAPP-I own and operate a landscaping business. MR. ABBATE-You have your own business? MR. BAPP-Yes, sir. MR. ABBATE-So you have to pay taxes and you have to fill out income tax forms and all that stuff? MR. BAPP-Yes, sir. MR. ABBATE-So you have to read and answer the questions, correct? MR. BAPP-Yes, sir. MR. ABBATE-But when it came to this yellow piece of paper, you didn’t read it? MR. BAPP-No, sir. MR. ABBATE-Hell of a way to run a business. MR. BROWN-I’m sure the paper that Mr. Bapp had was a receipt that said he paid for the permit. 30 (Queensbury ZBA Meeting 10/24/01) MR. ABBATE-Was that a receipt? MR. BAPP-That could have been the $25 receipt. Yes. MR. ABBATE-Was it? Are you gaining recall now? You’re getting recall now, correct? MR. BAPP-I guess you are, yes, sir. MR. ABBATE-No, no. You’re getting recall. MR. HAYES-Okay. Let me break in her now, just for a moment. MR. BAPP-Please do. MR. HAYES-And I’d like to focus on the relief that’s here in question. I think we’re going to have to stipulate that there’s some issue about whether a building permit was issued or not, and it has not been resolved completely in any direction, but I think we have an Area Variance here that’s in front of us for a specific amount of relief, and we need to get focused on that. That’s what we’re here for, and that’s what this hearing is about. So, as far as the carport itself, okay, is there anything else that you want to add as to why that needs to be that close to the line, or why, as far as the parts of the test that we’re charged with, that are on the application? MR. BAPP-No, I understand, Paul. No, at this point, there isn’t, like I say from the start, if we had known the property lines, I could have certainly have gone back toward Mr. Cass’ house. I’ve got two and a half acres down there. So it’s not like this thing to have been erected further, eight foot or ten foot or whatever is in question to the back of the house. That wouldn’t have been a problem from the start. MR. HAYES-Okay. Are there any other questions for the applicant at this time? MR. MC NALLY-When I was at your home, Mr. Bapp, and going into that driveway area, on the side where the line is close, there’s a lot of parking area. There’s a lot of, it looks as if it’s a side yard. How is it you use your next, it must be that you use your next door neighbor’s yard? MR. BAPP-Yes, I do. MR. MC NALLY-How does that happen? MR. BAPP-Hewitt’s Garden Center actually owns all the way around our corner, from Quaker Road corner all the way around to the property, and they have given me the okay to use their property for whatever I want to, truly, and it’s been a right of way for a driveway, obviously it’s blacktopped and has been there for quite some time. MR. ABBATE-Now I’m really getting confused. This is a single family residence? Craig, this is for you, an SFR-20 zone? Right? MR. BROWN-Yes. MR. ABBATE-Are commercial operations permitted in this area. MR. BROWN-No. MR. ABBATE-Sir, are you operating a commercial business out of this area? MR. BAPP-Yes, sir, I am. MR. ABBATE-You know you’re not supposed to. MR. BRYANT-You can have a home business. MR. ABBATE-Yes. Is this considered a home business? MR. BRYANT-You can have a home business. You just can’t, I think you’re limited to one employee. MR. BAPP-I have a home business, and nothing is done at my home. All the work that I perform is performed elsewhere, thank you very much. MR. ABBATE-Okay. Thank you. 31 (Queensbury ZBA Meeting 10/24/01) MR. HAYES-Are there any other questions for the applicant at this time? All right, having heard that, I will open the public hearing. Is there anyone here that would like to speak in favor of the application, outside of the property owner? PUBLIC HEARING OPENED BETTY NELSON MRS. NELSON-Could I say one thing? MR. HAYES-Of course you can. MRS. NELSON-I spoke to, I did go over, not knowing Hewitts, I did go in there one day and spoke to the young man in there, and asked him how he felt about it, and he, on behalf of his dad and a man that does own the other property, had no problem with it, and as you all may or may not know, there is a business that is seeking to buy all of that property anyway, which, in that case, the buildings wouldn’t exist, and that would take care of everybody’s problem. So, to be an eyesore for that amount of space, I don’t feel that it is. Yes, I agree with you that we could have gone, or, had I been involved, I was out of town, family matters, we could have gone an easier route to come to some kind of a conclusion, but I do please request your patience with this. MR. HAYES-Okay. Is there anyone else that would like to speak in favor of the application? Anyone opposed? Any correspondence? MR. MC NULTY-No correspondence. MR. HAYES-Having heard that, I will close the public hearing. PUBLIC HEARING CLOSED MR. HAYES-Gentlemen, we’ll talk about it. First on this one is Chuck. MR. MC NULTY-I was afraid of that. This is a tough one. There’s several things against the applicant. He built this structure without a building permit, without checking to see how close to the line he was. On the other hand, as has been pointed out, it probably impacts at least at this point, no one. Though it hasn’t specifically been said, it sounds like it would be major project at this point to move the structure or to tear half of it down and build it on the back end of it, or whatever, to bring it into compliance. So that certainly would be a hardship for the applicant. I honestly don’t know which way I’m going to go. I’d like to hear the reasoning of the other members of the Board. I’m half drawn to saying that I’d approve, since it doesn’t seem to affect anybody else, and since it would cause a lot of difficulty. On the other hand, it was built without a building permit, and it’s too close to the line. So, I don’t know, which is no help, I know. MR. HAYES-That’s honest remarks, though, and they’re always appreciated. Jim? MR. UNDERWOOD-Yes. I think that the applicant has explained, you know, that the driveway situation there and, you know, onto the neighbor’s land there at the same time, but, you know, the carport where it’s been constructed, I think is less offensive than if it were on the side, and all that equipment was exposed to the street and passing traffic and probably for securing your, all your expensive equipment, too. It’s not going to be that much of a temptation for somebody to come by and help themselves. It’s probably not good that a building permit wasn’t received prior to construction, but at the same time, as you mentioned, too, this is kind of a transitional zone here, I mean, who knows if it’s going to be here five years from now, it may be a shopping center for all we know, due to its nearness to Quaker. So, I’m sitting on the fence on this one, too. So, I’ll wait and see what everybody says. MR. HAYES-Allan? MR. BRYANT-Mr. Chairman, you’re going the wrong way. I think after Chuck it should have been Bob. MR. HAYES-I did that purposely. I just wanted to see if you were still alive on the last. MR. BRYANT-As I look through the criteria for granting this type of variance, I can understand, after the thing is built, your desire to maintain the carport. There is a feasible alternative, and albeit an expensive alternative, but to move the carport to a more compliant location, and based on the survey map, there’s plenty of location to put that carport. Granted, as Mr. Underwood said, it’s in a place that is not readily visible from the street, and so, you know, in that regard, that’s positive. I 32 (Queensbury ZBA Meeting 10/24/01) think the relief is substantial. Seventy-two percent of relief is substantial, and I think, even though it’s a transitional area, that the effects are relatively moderate. I think the most troubling thing for me is the sequence of events, and that has nothing to do with the application, but once you were told that you should really stop working, that’s what should have happened, and you should have gone through the normal process and you wouldn’t be here tonight. So, with all that in mind, I think there are feasible alternatives, and I think I would be opposed to the application. MR. HAYES-Thank you. Chuck? MR. ABBATE-Yes, thank you, Mr. Chairman. Mr. Bapp, I believe you are an intelligent person. I also believe that you are literate, and this is evidenced by the fact that you are a business owner, and I’m going to assume that it’s a successful business, and I certainly hope it is successful, for your sake, but what troubles me, sir, is that there is an indication that you really weren’t quite sure, and you’ve based your argument on the fact that you have received a yellow piece of paper and you had thought that that was a building permit. I don’t buy it, and there are other areas of which I’m concerned about. I think there are feasible alternatives, and I’m sorry to say, sir, I believe this is an application which is after the fact, and you knew darn well what you were doing, and I would not be in favor of approving this request. MR. HAYES-Thank you. Norm? MR. HIMES-Yes, thank you. I think the matter that we’re looking at here is a small bit of relief, in connection with something that’s badly needed, in an area where almost no matter where it was built, other than I’d say the north side where there is another dwelling nearby, that it would have any negative impact. Across the way there we’ve got Duke and that lot which I’m sure will always be some commercial area, and I think that the, all told, where it is, in spite of the procedures that might have preceded our being here tonight, which are confusing to me, still, I think that it would have been perhaps easy to assume, the applicant to assume that he was on safe ground. So, be that aside, I would approve this, based upon the matter of the amount of the variance or relief is not substantial, not any great impact to the neighborhood or community, and it is something that the applicant needs, and that’s my feeling. I would support the application. MR. HAYES-Thank you. Bob? MR. MC NALLY-I was impressed, when I drove in. I would not have known that your side yard is not your land. Because of the vehicles parked there and the pavement and everything else around, it seems clearly occupied, and I kept trying to figure out, was this the shed in the rear of the building that was the one that we were to look at, because it seemed like it was awfully far from where the rest of the stuff was, the edge of the property, but I do see the problem, on the survey, how it’s so close to the line, and I always ask myself, if you had come to us before you built this place, would I have approved a shed 4.7 feet from the line, and to be perfectly honest with you, I don’t think I would have. I would have asked you to go to your neighbor and get an easement. I would have asked you to go to your neighbor and get some kind of an agreement that would be filed as a deed so that there’s no question nothing could be built on the property that you’re occupying already, and with that surety in hand, I think I would approve it, but I wouldn’t let you walk away from here without some kind of assurance that in the future someone is not going to build along that property line or kick you off that property line, and then you are four feet from the line. Your comment that no one in the world is going to really be affected by this is true, though. There is nothing on that other lot, and it is right behind the house where you would normally expect it to be, but in this case you’ve got 2.1 acres. One heck of a garage and shed could be built on the remaining 2.1 acres. I don’t know, necessarily, that the shed is a very costly structure to move or to change, and I do think that by going ahead with the construction, even after being told to stop, you kind of created your own problem there. So, on balance, unless there’s some kind of concessions or some kind of effort, I think I might be opposed to this. MRS. NELSON-Could I say something more? MR. HAYES-You’re fine. Go ahead. MRS. NELSON-I’m sure you all know, obviously you’d have to know more than what I do what is going on with each property, right? MR. HAYES-The only problem with that is. MRS. NELSON-Well, there has been, they have signed. MR. BAPP-We have actually signed the paper. MRS. NELSON-The paper that within three months they will be (lost words). 33 (Queensbury ZBA Meeting 10/24/01) MR. HAYES-That’s an option, then. Unfortunately, until executed, that’s still a hypothetical. See, as a Board, if we dealt with those type of hypotheticals, we could get decisions that are based on things that might not, in fact, happen. MRS. NELSON-Well, my point was going to be for him to take that, you know, not such a costly, and then move it to another location or even spend the money, okay, he did something bad, and that’s like slapping him twice on the hand. It’s almost for naught, you know, especially this time of year, the three months of, with the weather being the way it’s going to be here in another month, it won’t allow him time to do that. Because by the time that’s done, the option will have been picked up. MR. HAYES-Well, theoretically. You understand why we can’t go by that, just because it’s. MR. MC NALLY-And I don’t see it as your picking up the whole thing and moving it. You’re 4.7 feet from the line, and you have to only be 15 feet from the line. So there might be some way of cutting it short that it might be less (lost words) is what I’m saying. MR. HIMES-Again, though, as said in the Staff notes, it’s already a nonconforming structure. Part of the house, I think, is up pretty close, and this thing, from looking, I looked at it and looking at the drawings, it does encroach a little more, but it isn’t as if the thing itself was impacted by the whole relief required. It’s just a little more than the pre-existing condition of the house. That’s my understanding, at least. Right, nonconforming structure? MR. ABBATE-Well, let me throw my two cents in here, too. I’d like to, not remind the Board, but I guess I have a question for the Board. I believe that 72% of 100 is substantial, and I’m not asking for a reply, but 72% of 100, in my opinion, is substantial relief. MR. HAYES-Right. I guess I’m the only one who hasn’t spoken here. So I’ll finish my comments and then we can go to a motion. Historically, in the past, we’ve had these building permit issues happen before, and there’s certainly sometimes it’s conflicting testimony, as to how they happen or why they happen, and there’s probably an element of truth on both sides, and historically in those circumstances, the first time I’ve given the benefit to the applicant, and then after that it’s their risk. I believe in that, and in this particular case, I’m willing to do that. I’m willing to extend the benefit to you, Mr. Bapp, being that you have not been before the Board on this matter before or any other matter. So I’ll assume that that’s not a habit, or a problem that we have to deal with. In this particular case, I think I agree with Norm, in that certainly the amount of relief that’s being requested is moderate or substantial. As Chuck has pointed out, 72% of the Ordinance is certainly high, but as I look at the property, I don’t believe that there’s any real affect on the neighborhood or community by where this carport is placed. In fact, if there’s some kind of collection of the articles that are involved with your life or your business in this particular circumstance, it might actually benefit that particular road and that particular neighborhood. The feasible alternatives are limited, I think, based on the fact that this is a very unusually shaped lot, and placing this carport where you did, near your home, for the reasons that you’ve stated, I guess they’re believable to me, to the extent that I might be able to reflect favorably on the application. It’s already a nonconforming position, and as Bob pointed out, when I first looked at the position of this, it would be hard to imagine that that was closer to the line. So the idea or the fact that you’re suggesting that you constructed this believing that it was not in the setback, I think, is believable because, hey, that’s how I interpreted it when I walked on the property, or when I looked at it. When applicants ask me to accept that, when I have the complete opposite conclusion, when I visit the property, it’s harder for me to support them, quite frankly. If you didn’t have a survey, it is believable, in my opinion, that you placed that in what you thought was a compliant location, in that circumstance, and I guess we have to be careful in examining remedies to this type of situation, to the point where we encourage people to build things without permits or too close to the line, but I think, when it’s a very close decision, I think it’s a little bit of Draconian relief, in this case, because of where it sits, to ask you to take that all down and move it. I don’t think that that’s, I just don’t think that it’s enough of a violation, or it’s close call anyway. So I think that the amount of relief that I’d be asking you to conduct would be too much, based on that. Obviously, if I didn’t feel that it was an honest mistake, or if it didn’t look good as I saw it, then I think we’d have to do that, but I don’t think we have to do that in this circumstance, but that’s only my opinion. So I guess I’m in favor of the application, very slightly, based on, really, you passing three out of the five tests, and that’s just a small pass, but that’s the thing to do, I think. So I’m in favor of the application. Having said that, though, I guess we have three noes, two yeses, and two maybes, according to my poll. So I think we need to have a motion and then we’ll see where this goes. MR. HIMES-A motion for? MR. ABBATE-Or do you want a motion against? 34 (Queensbury ZBA Meeting 10/24/01) MR. HAYES-Well, we have, whatever the Board, that’s not my job. I think it’s whatever. MR. HIMES-Well, Mr. Chairman, if I may offer a motion. MOTION TO APPROVE AREA VARIANCE NO. 75-2001 TODD J. BAPP, Introduced by Norman Himes who moved for its adoption, seconded by Charles McNulty: 72 Everts Avenue. The applicant has constructed a 448 square foot carport addition. The relief required is 10 feet of relief from the 15 foot minimum setback requirement of the SFR-20 zone, Section 179-20. Additionally, the applicant seeks relief for the expansion of a non-conforming structure per 179-79. The benefit to the applicant is simply the applicant would be permitted to maintain the carport as built. The feasible alternatives, there are alternatives, with the amount of land that’s available to the applicant, but it would site his carport in an area removed from his dwelling therefore there would be security problems for the stuff that he wants to store in it. So having it close to the dwelling, and in back of it, away from the road, is, to me, the most practical place to put it, and thus we have the problem of the encroachment. Is the relief substantial relative to the Ordinance? 10.8 feet of relief from the 15 foot requirement may be interpreted as moderate to substantial relative to the Ordinance. Effects on the neighborhood and community? As per Staff notes, moderate effects on the neighborhood may be anticipated as a result of this action. I’d like to supplement that with the fact that we have had no correspondence, no one here to oppose, and I might think that we might say that this silence gives consent, in so far as any of the neighbors are concerned. So there’s certainly no negative impact, as far as we can see, on the neighborhood. Is the difficulty self-created? Well, yes and no. Yes the lot is kind of oddball shaped, lending to the problem, and the matter that the house itself is already close to the line, it’s a non-conforming structure. What the carport is doing is, it by itself is asking for all this relief, but it’s only a little bit more relief from what has already existed in terms of the house, the front of the house, what I think of as the side, from the line, from the way I understand it. So in view of these factors, I think that it is a benefit to the applicant and the community to approve this application as submitted. Duly adopted this 24 day of October, 2001, by the following vote: th AYES: Mr. McNulty, Mr. Himes, Mr. Underwood, Mr. Hayes NOES: Mr. McNally, Mr. Abbate, Mr. Bryant ABSENT: Mr. Stone MR. HAYES-The motion is passed. MR. BAPP-Thank you. MR. HAYES-Thank you. Hang on, gentlemen. We have a set of minutes here that I’d like to take care of. Has everyone had a chance to review the September 19, 2001 minutes? Does everything look okay? MR. HIMES-Yes. MR. ABBATE-Yes. CORRECTION OF MINUTES September 19, 2001: NONE MOTION TO APPROVE THE SEPTEMBER 19, 2001 QUEENSBURY ZONING BOARD OF APPEALS MINUTES, Introduced by Norman Himes who moved for its adoption, seconded by Charles Abbate: Duly adopted this 24 day of October, 2001, by the following vote: th AYES: Mr. Abbate, Mr. Underwood, Mr. McNulty, Mr. Himes, Mr. Hayes NOES: NONE ABSTAINED: Mr. Bryant, Mr. McNally ABSENT: Mr. Stone MR. HAYES-The meeting is adjourned. 35 (Queensbury ZBA Meeting 10/24/01) On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Paul Hayes, Acting Chairman 36