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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 59-2014 Project Applicant: John Breyo, Marilyn Breyo & Aston Goldberg, LLC Project Location: 3430 State Route 9L, 5 Antigua Road, & 0 Antigua Road Meeting Date: August 20, 2014 Description of Proposed Project: Applicant proposes installation of a 538 linear feet, 8 foot tall deer-protection fence along their contiguous parcels parallel to Route 9 and Antigua Road. The 8 foot fence will run of the front & side boundary lines to the Town of Lake George boundary. Relief Required 1 Parcel will require an area variance from section 179-5-070 fences: Fence Height Fence Height Front Yard Side Yard (470.78 +/- ft) including architectural front(75 +/- ft) Required 6 ft 4 ft Proposed 8 ft 8 ft Relief 2 ft 4 ft Criteria for considering as Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be available to lower the height to the required six feet however the applicant has indicate the fence height is to deter wildlife destroying the landscape on the property. 3. Whether the requested area variance is substantial. The requested may be considered moderate relevant to the code. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor impacts to the physical or environmental conditions in the neighborhood may be anticipated. The applicant has indicated the fencing would be placed within the existing vegetative cover. 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. Parcel History (construction/site plan/variance, etc.): BP 90-468: Septic alteration BP 90-079: Septic alteration BP 85-420: Septic alteration Staff comments: The applicant proposes to install a 538 feet of fencing at 8 ft in height along four properties of Antigua Rd and Route 9L along the Queensbury side of the properties. This includes approximately 545.78 ft of Front yard fence of which 75 ft may be considered architectural front required to be at 4ft in height. The remainder of 80 ft side yard is required to be no more than 6ft. The applicant has explained that it is a deer protection fence to deter deer from eating the landscaping on the site. The plans show the location of the fence on all portions of the properties as they are split by the town line of Queensbury and Lake George. The applicant has indicated they have attempted to discourage the deer from eating with lights, sounds, and temporary fencing and was not successful. The applicant has explained that the fencing would not be seen off the property as it would be screened by existing plantings. SEQR Status: SEQR Type II Zoning Board of Appeals Community Development Department Staff Notes Aug14-09 Warren County Planning Department Project Review and Referral Form Reviewed by Department on July 31, 2014 Project Name: John Breyo, Marilyn Breyo&Aston Goldberg LLC Owner: John Breyo, Marilyn Breyo&Aston Golberg LLC ID Number: QBY-14-AV-59 County Project#: Aug14-09 Current Zoning: WR Community: Queensbury Project Description: Applicant proposes installation of an 860 linear feet, 8 ft tall deer protection fence along four continguous parcels parallel to Route 9L and Antigua Road. The 8 ft fence will run on the front and side boundary lines to the Town of Lake George boundary. Relief requested is for maximum allowable height of a fence. Site Location: 3430 State Route 9L, 5 Antigua Road and 0 Antigua Road Tax Map Number(s): 239.17-1-2 Staff Notes: The issues here appear to be of a local nature involving local issues without any significant impacts on County properties or resources. Staff recommends no county impact based on the information submitted according to the suggested review criteria of NYS General Municipal Law Section 239 L applied to the proposed project. Local actions to date(if any): County Planning Department: NCI Local Action:/Final Disposition: .42,/pcd Warr County Planning Department D114 Signed Local Official Date Signed PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Steven Jackoski, Chairman Roy Urrico, Secretary TO: John & Marilyn Breyo PROJECT FOR: J. Breyo, M. Breyo, Aston Goldberg, LLC 51 Winding Brook Drive Route 9L and Antigua Road Saratoga Springs, NY 12866 Aston Goldberg, LLC ZBA Meeting Date: Wed., August 20, 2014 167 Wolf Road, Suite 211 Albany, NY 12205 RESOLUTION TO: Approve/ Disapprove, Area Variance No. 59-2014, John & Marilyn Breyo, Route 9L and Antigua Road,Tax Map No. 239.17-1-1, 2, 3, and 4 The Zoning Board of Appeals of the Town of Queensbury has received an application from John and Marilyn Breyo for a variance from Section(s): 179-5-070 of the Zoning Code of The Town of Queensbury. Applicant proposes installation of an 538 linear feet, 8 ft.tall deer-protection fence along four continguous parcels parallel to Route 9L and Antigua Road. The 8 ft.fence will run on the front and side boundary lines to the Town of Lake George boundary. Relief requested is for maximum allowable height of a fence. SEQR Type II-no further review required; A public hearing was advertised and held on Wed., August 20, 2014; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: <Insert responses to 1-7> 1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested area variance? 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an area variance? 3. Is the requested area variance substantial? 4. Will the proposed area variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. Is the alleged difficulty self-created? 6. In addition the Board finds that the benefit to the applicant from granting the requested variance would outweigh /would be outweighed by the resulting detriment to the health, safety and welfare of the neighborhood or community; Page 1 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 ZBA Decision Resolution (continued) ZBA Meeting Date: Wed., August 20, 2014 Area Variance Application No. 59-2014, John Breyo, Marilyn Breyo & Aston Goldberg, LLC 7. The Board also finds that the variance request under consideration is the minimum necessary; Based on the above findings I make a MOTION TO APPROVE/ DENY Area Variance No. 59-2014, John Breyo, Marilyn Breyo, and Aston Goldberg, LLC , Introduced by ,who moved for its adoption, seconded by As per the resolution prepared by staff with the following: A. <insert conditions> B. <insert conditions> C. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; D. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & Codes personnel; E. Subsequent issuance of further permits, including building permits are dependent on receipt of these final plans; F. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a building permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Duly adopted this 20th day of August, 2014, by the following vote: AYES: NOES: Steven Jackoski, Chairman Queensbury Zoning Board of Appeals SJ/sh cc: Michael J. O'Connor, Edq. Page 2 of 2 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.)