Staff Notes Staff Notes
ZBA
April 21 , 2021
April 21 , 2021 ZBA Meeting:
Approval of Meeting Minutes: March 17, 2021
March 24, 2021
Administrative Items:
Table AV 3 9-2020 (Godnick) to May 19, 2021 Meeting
Table AV 7-2021 (Tuccillo) to May 19, 2021 Meeting
Extension of AV 5-2020 (Heinzelmann) for 1 year from May
20, 2021 to May 20, 2022
Old Business: AV 14-2021 Robert McCormick
New Business:
AV 21-2021 Ron & Ruth Jameson
AV 23-2021 Peter Rienzi
AV 24-2021 Paul Lorenz
AV 22-2021 Ronald O. Morehouse
Queensbury Zoning Board of Appeals Agenda
Meeting: 4/21/2021 Time: 7:00- 11:00 pm
Queensbury Activities Center—742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Approval of meeting minutes: March 17,2021 &March 24,2021
Administrative Items: Table AV 39-2020(Jeffrey Godnick)to May 19,2021 Meeting
Table AV 7-2021 (Victoria Tuccillo)to May 19,2021 Meeting
Extension of AV 5-2020(Thomas Heinzelman)for 1 year from May 20,2021 to May 20,2022
OLD BUSINESS:
Applicant(s) Robert McCormick Area Variance No AV 14-2021
Owner(s) Robert McCormick SEQRA Type Type II
Age t s Joseph J.Bianchine,PE Lot Size 4.69 acres
Location 18 Dark Bay Lane Zoning WR
Ward No. Ward 1
Tax Id No 239.18-1-45 Section 179-3-040; 179-6-065; 179-5-
020; 179-13-010
Cross Ref SP 13-2021; SP 15-91; SP 59-88 Warren County Planning March 2021
Public Hearing March 17, 2021;April 21,2021 Adirondack Park Agency ALD
Proiect Description(Revised): Applicant proposes a 110 sq.ft.porch addition to the main home and a 116 sq.ft.porch addition also
on the main home. The project includes a 500 sq.ft. carport addition to the existing 624 sq.ft.garage and construction of a 1,195 sq.
ft.garage with three bays. Site plan review for new floor area in a CEA,expansion of a non-conforming structure,and project work
within 50 ft.of 15%slopes. Relief requested for size of garage and second garage.
NEW BUSINESS:
Applicant(s) Ron&Ruth Jameson Area Variance No. AV 21-2021
Owners Ron&Ruth Jameson SE RA Type Type II
Agent(s) Ethan Hall Rucinski Hall Architects Lot Size 0.32 acres
Location 94 Hall Road Zoning WR
Ward No. Ward 1
Tax Id No 289.11-1-24 Section 179-3-040
Cross Ref SP 21-2021;PT 721-2019 Warren County Planning n/a
Public Hearing Aril 21,2021 Adirondack Park Agency n/a
Proiect Description: Applicant proposes to demo existing home and garage to construct a new home with a footprint of 2,440 sq.ft.
and floor area of 3,478 sq.ft.,includes attached garage and covered patio. The project includes associated site work for grading,
stormwater controls,and plantings. Site plan for hard surfacing within 50 ft.of the shoreline and new floor area in a CEA. Relief
requested for setbacks,floor area, and permeability.
Applicant(s) Peter Rienzi Area Variance No. AV 23-2021
Owners Peter Rienzi SEQRA Type Type II
Agent(s) Nicholas Zeglen(Environmental Design Lot Size 0.23 acres
Partners
Location 374 Cleverdale Road Zoning WR
Ward No. Ward 1
Tax Id No 226.12-1-60 Section 179-3-040; 179-4-080
Cross Ref SP 24-2021;AST 423-2020;AV 1452;SP 25-97; Warren County Planning April 2021
SP 26-97;SP 2-89
Public Hearing April 21,2021 Adirondack Park Agency ALD
Proiect Description: Applicant proposes to rebuild an existing 422 sq.ft.deck area and construct a new 365 sq.ft.expansion to the
deck for a total of 787 sq.ft. deck. The existing 2 story home of 1,414 sq.ft.(footprint)to remain. Site plan for expansion of
nonconforming structure in a CEA. The site has an existing permeable walkway from the home to the shoreline. Relief requested for
setbacks and permeability.
Queensbury Zoning Board of Appeals Agenda
Meeting: 4/21/2021 Time: 7:00- 11:00 pm
Queensbury Activities Center—742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Applicant(s) Paul Lorenz Area Variance No. AV 24-2021
Owners Paul Lorenz SEQRA Type Type II
Agent(s) Jarrett Engineers,PLLC Lot Size 0.5 acres
Location 78 Quaker Road Zoning CI
Ward No. Ward 2
Tax Id No 302.6-1-61 Section 179-3-040; 179-5-050
Cross Ref SP 26-2021;AV 80-1990;AV 91-2002;SP 26- Warren County Planning April 2021
2003;SP 92-90;SV 25-2004;UV 83-1990
Public Hearing Aril 21,2021 Adirondack Park Agency n/a
Protect Description: Applicant proposes a 240 sq.ft.shed to be placed on property. The existing commercial building of 4,079 sq.ft.
to remain. The site and building use remains the same,AutoFix(auto service/repair facility). Site plan for installation of a shed on a
commercial property. Relief requested for setbacks.
Applicant(s) Ronald O.Morehouse Area Variance No. AV 22-2021
Owner(s) Ronald O.Morehouse SEQRA Type Type II
A ent s Donald Pidgeon Lot Size 0.14 acres
Location 66 Ohio Avenue Zoning NR
Ward No. Ward 4
Tax Id No 309.9-1-82 Section 179-3-040
Cross Ref BISV 89-2021;RC 289-2018 Warren County Planning n/a
Public Hearing April 21,2021 Adirondack Park Agency n/a
Protect Description: Applicant proposes to place an existing 980 sq.ft.mobile home on a 6,000 sq.ft. lot Project includes
connection to municipal water and installation of a septic system. Site work includes placement for the mobile home,driveway,and
installation of the septic. Relief requested for setbacks.
Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals
L:\Karen Dwyre-Zoning Office\ZBA Monthly 2021\April 21,2021\Final ZBA Agenda April 21,2021.docx
The public will be allowed to attend and be allowed to make comments to the Zoning Board during the Public Hearing for the specific
project;however,on-site attendees must abide by the Town's posted COVID-19 rules.
The Town is also accommodating those who wish to view and participate remoter
• To view live please visit:Town of Queensbury YouTube Live.
• To make comments during the Public Hearing,call 518-761-8225.NOTE:To assure the inte rity and validity of the public
comments,the only calls that will be recognized will be those that show a caller identification.
The Town wishes to remind its residents that public comments can be shared with Zoning Board members by email.
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 14-2021
Project Applicant: Robert McCormick
Project Location: 18 Dark Bay Lane
Parcel History: SP 13-2021; SP 15-91; SP 59-88
SEQR Type: Type II
Meeting Date: April 21, 2021
Description of Proposed Project:
Revised: Applicant proposes a 110 sq. ft. porch addition to the main home and a 116 sq. ft. porch addition also
on the main home. The project includes a 500 sq. ft. carport addition to the existing 624 sq. ft. garage and
construction of a 1,995 sq. ft. garage with three bays. Site plan review for new floor area in a CEA, expansion
of a non-conforming structure, and project work within 50 ft. of 15% slopes. Relief requested for size of garage
and second garage.
Relief Required:
The applicant requests relief for size of garage and second garage in the Waterfront Residential zone—WR.
Section 179-5-020—garage
The proposed second garage is to be 1,995 sq. ft. and to be 3 bays. Relief is requested for the second garage,
garage greater than 1,100 sq. ft. The garage was reduced from 3,113 sq. ft. 8-car garage.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered to expand the
existing garage.
3. Whether the requested area variance is substantial. The request for relief may be considered moderate
to substantial relevant to the code. Relief is requested for a second garage and 895 sq. ft. in excess.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to construct a second garage to store classic cars and antique boats. The new garage is
to be 16 ft. in height and have 3 bays. The plans show the revision of the size and appearance of the garage on
the site. The garage has been located closer to the home with a shorter driveway and smaller disturbance area.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
ww,
To of Queensbun,
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Robert McCormick
File Number: AV 14-2021
Location: 18 Dark Bay Lane
Tax Map Number: 239.18-1-45
ZBA Meeting Date: March 17, 2021; April 21, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Robert
McCormick. (Revised): Applicant proposes a 110 sq. ft. porch addition to the main home and a 116 sq. ft.
porch addition also on the main home. The project includes a 500 sq. ft. carport addition to the existing 624 sq.
ft. garage and construction of a 1,195 sq. ft. garage with three bays. Site plan review for new floor area in a
CEA, expansion of a non-conforming structure, and project work within 50 ft. of 15% slopes. Relief requested
for size of garage and second garage.
Relief Required:
The applicant requests relief for size of garage and second garage in the Waterfront Residential zone—WR.
Section 179-5-020—garage
The proposed second garage is to be 1,995 sq. ft. and to be 3 bays. Relief is requested for the second garage,
garage greater than 1,100 sq. ft. The garage was reduced from 3,113 sq. ft. 8-car garage.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,March 17, 2021 & Wednesday April 21, 2021.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation,we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 14-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 2111 Day of April 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 21-2021
Project Applicant: Ron & Ruth Jameson
Project Location: 94 Hall Road
Parcel History: SP 21-2021; PT 721-2019
SEQR Type: Type II
Meeting Date: April 21,2021
Description of Proposed Project:
Applicant proposes to demo existing home and garage to construct a new home with a footprint of 2,440 sq. ft.
and floor area of 3,478 sq. ft., includes attached garage and covered patio. The project includes associated site
work for grading, stormwater controls, and plantings. Site plan for hard surfacing within 50 ft. of the shoreline
and new floor area in a CEA. Relief requested for setbacks, floor area, and permeability.
Relief Required:
The applicant requests relief for setbacks, floor area, and permeability for the construction of a new home in the
Waterfront Residential zone- WR
Section 179-3-040 dimensional requiments
The new home is to be located 17 ft. 8 inches from the shoreline where a 50 ft. setback is required;then 11 ft. 3
inches to the north property line and 15 ft. 8 inches from the south property line where 20 ft. is required. Floor
area proposed is 23.95%where 22 % is allowed.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination,the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby properties will be created by the granting of this area variance. Minor 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 could be achieved by reducing the home size—would
reduce setback and floor area.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to
the code. The relief requested is 32 ft. 4 inches from the shoreline, 4ft. 4 inches south and 8 ft. 9 inches from the
north property line. Floor area relief is 1.95%.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district. The project may be considered to have minimal impact on the physical
or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant has indicated the new home would allow for an updated home with a garage. The home is in a similar
location as the previous home. The plans show the location of the home on the parcel and the elevations.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
a- -
Toµm of Queensbury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Ron&Ruth Jameson
File Number: AV 21-2021
Location: 94 Hall Rd.
Tax Map Number: 289.11-1-24
ZBA Meeting Date: April 21, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Ron& Ruth
Jameson. Applicant proposes to demo existing home and garage to construct a new home with a footprint of
2,440 sq. ft. and floor area of 3,478 sq. ft., includes attached garage and covered patio. The project includes
associated site work for grading, stormwater controls, and plantings. Site plan for hard surfacing within 50 ft.
of the shoreline and new floor area in a CEA. Relief requested for setbacks, floor area, and permeability.
Relief Required:
The applicant requests relief for setbacks, floor area, and permeability for the construction of a new home in the
Waterfront Residential zone- WR
Section 179-3-040 dimensional requiments
The new home is to be located 17 ft. 8 inches from the shoreline where a 50 ft. setback is required; then 11 ft. 3
inches to the north property line and 15 ft. 8 inches from the south property line where 20 ft. is required. Floor
area proposed is 23.95%where 22 % is allowed.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,April 21, 2021.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation,we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outwei hg(approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 21-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 2111 Day of April 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 23-2021
Project Applicant: Peter Rienzi
Project Location: 374 Cleverdale Road
Parcel History: SP 24-2021; AST 423-2020; AV 1452; SP 25-97; SP 26-97; SP 2-89
SEQR Type: Type II
Meeting Date: April 21,2021
Description of Proposed Project:
Applicant proposes to rebuild an existing 472 sq. ft. deck area and construct a new 304 sq. ft. expansion to the
deck-totaling 776 sq. ft. deck. The existing 2 story home of 1,414 sq. ft. (footprint)to remain. Site plan for
expansion of nonconforming structure in a CEA. The site has an existing permeable walkway from the home to
the shoreline. Relief requested for setbacks and permeability.
Relief Required:
The applicant requests relief for setbacks and permeability for the construction of deck to an existing home in
the Waterfront Residential zone -WR.
Section 179-3-040 dimensional requirements, 179-13-010 expansion of non-conforming; structure.
The new deck is to be located 42 ft. from the shoreline where a 50 ft. setback is required. The side setback to
the north is to be 19 ft. where a 20 ft. setback is required. The permeability is to be 70.3 % where 75% is
required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
l. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood
may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to
pursue,other than an area variance. Feasible alternatives may be considered limited due to the location of the
existing home.
3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to
the code. The relief is for 8 feet to the shoreline and 1 foot for the side. Then relief 4.7%for permeability.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district. The project may be considered to have minimal to no impact on the
physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes a new deck on an existing home that is an upper level of the home. The project does not alter
existing conditions under the deck area or area to the shore. The plans show the deck area to be constructed in relation to
the home.
Zoning Board of Appeals—Record of Resolution
} Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
loin of CZeensbury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Peter Rienzi
File Number: AV 23-2021
Location: 374 Cleverdale Rd.
Tax Map Number: 226.12-1-60
ZBA Meeting Date: April 21, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Peter Rienzi.
Applicant proposes to rebuild an existing 472 sq. ft. deck area and construct a new 304 sq. ft. expansion to the
deck for a total of 776 sq. ft. deck. The existing 2 story home of 1,414 sq. ft. (footprint)to remain. Site plan for
expansion of nonconforming structure in a CEA. The site has an existing permeable walkway from the home to
the shoreline. Relief requested for setbacks and permeability.
Relief Required:
The applicant requests relief for setbacks and permeability for the construction of deck to an existing home in
the Waterfront Residential zone -WR.
Section 179-3-040 dimensional requirements, 179-13-010 expansion of non-conforming structure.
The new deck is to be located 42 ft. from the shoreline where a 50 ft. setback is required. The side setback to
the north is to be 19 ft. where a 20 ft. setback is required. The permeability is to be 70.3 % where 75% is
required.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,April 21, 2021.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 23-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 21st Day of April 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 24-2021
Project Applicant: Paul Lorenz
Project Location: 78 Quaker Road
Parcel History: SP 26-2021; AV 80-1990; AV 91-2002; SP 26-2003; SP 92-90; SV 25-2004; UV 83-
1990
SEQR Type: Type II
Meeting Date: April 21,2021
Description of Proposed Project]-
Applicant proposes a 240 sq. ft. shed to be placed on property. The existing commercial building of 4,079 sq.
ft. to remain. The site and building use remains the same, AutoFix (auto service/repair facility). Site plan for
installation of a shed on a commercial property. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks to install a shed on a commercial property in a Commercial Intensive
zone—CI
Section 179-3-040 dimensional requirements, 179-5-020—sheds
The shed is to be located 10 ft. from the property line where a 25 ft. setback is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination,the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives appear to be limited as the lot is a
corner lot and the shape of the parcel.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief is requested for side setback of 15 ft.
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 on the physical or
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to place a shed on the property that does not meet the setbacks. The applicant has
indicated the shed location is due to the location of the existing building and the use of the shed. The shed is to
be consistent with the building.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
VAL"
lbow o(Qucensbui),
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Paul Lorenz
File Number: AV 24-2021
Location: 78 Quaker Rd.
Tax Map Number: 302.6-1-61
ZBA Meeting Date: April 21, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Paul Lorenz.
Applicant proposes a 240 sq. ft. shed to be placed on property. The existing commercial building of 4,079 sq.
ft. to remain. The site and building use remains the same,AutoFix (auto service/repair facility). Site plan for
installation of a shed on a commercial property. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks to install a shed on a commercial property in a Commercial Intensive
zone—CI
Section 179-3-040 dimensional requirements, 179-5-020—sheds
The shed is to be located 10 ft. from the property line where a 25 ft. setback is required.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,April 21, 2021.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh_(approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 24-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 2111 Day of April 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 22-2021
Project Applicant: Ronald O. Morehouse
Project Location: 66 Ohio Avenue
Parcel History: BISV 89-2021; RC 289-2018
SEQR Type: Type II
Meeting Date: April 21, 2021
Description of Proposed Project:
Applicant proposes to place an existing 980 sq. ft. mobile home on a 6,000 sq. ft. lot Project includes
connection to municipal water and installation of a septic system. Site work includes placement for the mobile
home, driveway, and installation of the septic. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks for the placement of a mobile home in the Neighborhood Residential
zone -NR.
Section 179-3-040- dimensionl requirements
The mobile home is to be placed 10 ft. from the rear property line where a 15 ft. setback is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination,the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. The project may be
considered to have little impact on the neighboring properties.
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. The feasible alternatives may be limited due to the lot
size and location of the proposed septic.
3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to
the code. The relief is 5 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed may be considered
to have minimal impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
Staff comments:
The applicant proposes placement of an 840 sq. ft. mobile home on an existing 4,500 sq. ft. parcel. The plans
note the placement of the home. The applicant has included photos of the mobile home to be placed on the
parcel.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
r
f
7bavn of Queensbury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Ronald O. Morehouse
File Number: AV 22-2021
Location: 66 Ohio Ave.
Tax Map Number: 309.9-1-82
ZBA Meeting Date: April 21, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Ronald O.
Morehouse. Applicant proposes to place an existing 980 sq. ft. mobile home on a 6,000 sq. ft. lot Project
includes connection to municipal water and installation of a septic system. Site work includes placement for the
mobile home, driveway, and installation of the septic. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks for the placement of a mobile home in the Neighborhood Residential
zone -NR.
Section 179-3-040- dimensionl requirements
The mobile home is to be placed 10 ft. from the rear property line where a 15 ft. setback is required.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,April 21, 2021.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation,we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh(approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 22-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 21st Day of April 2021 by the following vote:
AYES:
NOES: