03.15.95 UaH
TOWN OF QUEENSBURY
742 BAY ROAD
QUEENSBURY, NEW YORK 12804
Fred A. Carvin, Chairman Christian G. Thomas, Secretary
R.D. #3, Box 211 21 Pinewood Hollow Road
Queensbury, New York 12804 Queensbury, New York 12804
TO: Jeffrey and Debra Godnick PROJECT FOR:
R. R. #ly Box 1759
Jeffrey and Debra Godnick
Lake George, New York 12845
THE QUEENSBURY ZONING BOARD OF APPEALS HAS REVIEWED THE FOLLOWING O m D
REQUEST AT THE BELOW STATED MEETING AND HAS RESOLVED THE y c v
FOLLOWING: Z 0 0 M— _ — O
Z m Z <
Meeting Date: March 15, 1595 O � '-
Variance File Number: 71-1994 USE AREA x SIGN p v M -n
Other:
_
O O i
APPROVED F-1DENIED 0TABLED E] WITHDRAWN SEQRA REVIEW v D c D
WITH CONDITIONS Cn
ymr
m U) n
MOTION TO APPROVE AREA VARIANCE NO. 71-1994, JEFFREY AND DEBRA Z {O
GODNICK, Introduced by David Menter who moved for its adoption, n c O
seconded by Fred Carvin: m
DZm
The applicant proposes to construct a residence of 4, 378 sq. ft. of > o D
which 3, 000 sq. ft. is living space, the remainder of which is { U) U)i
basement utility area. In addition, a 900 sq. ft. attached garage Un > _
is proposed. The lot size is 0 . 44 acres . Section 179-60 requires 0M >
a 75 foot shoreline setback, and applicant proposes a 57 foot x o -j
setback, seeking relief of 18 feet. I would motion that we grant N — m
relief of 18 feet to the applicant. The applicant has done what M O D
can be readily expected to mitigate any impact on the site. The M Z v
proposed setback is a vast improvement over the existing building m ar-
setback. The applicant has also decreased the height of the * X y
structure, also to mitigate impact. The applicant has also dealt aov Z
with permeability, increasing permeability, in several concessions, j > --I
to a total resulting in 69 percent of the property, and there X a
Z:
appears to be no other detriments to the health, safety or welfare m c Z
of the neighborhood. Because of the unique configuration of the c T ZO
property, which requires a certain amount of space for access and m o
egress, it appears as though the relief granted would be the Z — v
m �_ v
9 O <
Z T
DO
rM
PLEASE READ THE BACK OFTHIS FORM - ThenkYou D
IMPORTANT INFORMATION REGARDING TABLING PROCEDURE
RESOLUTION
At the February 17, 1993 the Queensbury Zoning Board of Appeals made a
MOTION THAT WHEN THE ZONING BOARD OF APPEALS TABLES AN
APPLICATION, THAT THE APPLICANT HAS SIXTY (60) DAYS TO COME BACK
WITH THE APPLICATION. IF THE APPLICANT DOES NOT COME BACK WITH
THE APPLICATION WITHIN SIXTY (60) DAYS, THEY HAVE TO READVERTISE,
Introduced by Theodore Turner who moved for its adoption, seconded by Fred
Carvi n:
Duly adopted this 17th day of February, 1993, by the following vote:
AYES: Mr. Carvin, Mr. Carples, Mrs. Paling, Mr. Thomas, Mr. Turner
NOES: None
ABSENT: Mr. Philo, Mrs. Eggleston
§ 179-91 ZONING § 179-92
§ 179-91. Zoning Board of Appeals hearing; decision; APA
review. [Amended 11-23-1992 by L.L. No. 11-1992]
A. The Zoning Board of Appeals shall give such notice of
hearings, hold hearings, and decide applications presented to
it, as may be required or allowed by Town Law §§ 267-a and
267-b.
B. Appeals from a Zoning Board of Appeals decision may be
taken as allowed by Town Law § 267-c.
C. The Adirondack Park shall be considered a party to variance
applications in the Adirondack Park and shall receive such
notice and have such rights of review as are provided in the
Executive Law of the State of New York and the applicable
APA rules and regulations.
D. For decisions involving lands within the Adirondack Park, the
Board shall notify the Adirondack Park Agency, by certified
mail, of such decision. Any variance granted or granted with
conditions shall not be effective until thirty (30) days after
such notice to the Agency. If, within such thirty-day period,
the Agency determines that such variance involves the
provisions of the Land Use and Development Plan as approved
in the local land use program, including any shoreline
restriction, and was not based upon the appropriate statutory
basis of practical difficulties or unnecessary hardships, the
Agency may reverse the local determination to grant the
variance.
§ 179-92. Expiration of variance.
Unless otherwise specified or extended by the Zoning Board of
Appeals, decision on any request for a variance shall expire if the
applicant fails to undertake the proposed action or project, to obtain
any necessary building permit to construct any proposed new
building(s) or change any existing building(s) or to comply with the
conditions of said authorization within one(1)year from the filing date
of such derision thereof.
ZONING : O • • MRECORD OF RESOLUTION
PAGE 2
Area Variance No. 71-1994
Jeffrey and Debra Godnick
minimum relief to maintain a safety factor. The concessions
regarding permeability include eliminating the deck extending down
the east side of the building, which would eliminate some 200 sq.
ft. ; decreasing the width of the southerly deck by two feet, as
well as moving the house itself two feet back; alterations to the
driveway to meet the 69 percent permeability. The above
concessions, when added to the decrease in driveway size, would
bring ' total permeability to 69 percent of the property. The
applicant has agreed to abide by recommendations made by the
Planning Board, regarding septic requirements . The height
requirement from the rear elevation is maxed out at 29 feet.
Duly adopted this 15th day of March, 1995, by the following vote:
AYES : Mr. Maresco, Mr. Menter, Mr. Thomas, Mr. Carvin
NOES : Mr. Ford, Mr. Karpeles
Scerely,
Fred A. Carvin, Chairman
Queensbury Zoning Board of Appeals
FC/sed