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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15, 1595 O � '- Variance File Number: 71-1994 USE AREA x SIGN p v M -n Other: _ O O i APPROVED F-1DENIED 0TABLED E] WITHDRAWN SEQRA REVIEW v D c D WITH CONDITIONS Cn ymr m U) n MOTION TO APPROVE AREA VARIANCE NO. 71-1994, JEFFREY AND DEBRA Z {O GODNICK, Introduced by David Menter who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