AV 31-2021 Graziano Minutes(Queensbury ZBA Meeting 05/19/2021)
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AREA VARIANCE NO. 31-2021 SEQRA TYPE TYPE II JOHN GRAZIANO AGENT(S)
NICHOLAS ZEGLEN (ENVIRONMENTAL DESIGN PARTNERSHIP) OWNER(S) JOHN
GRAZIANO ZONING WR LOCATION 195 ASSEMBLY POINT ROAD APPLICANT
PROPOSES A 2-STORY ADDITION OF 866 SQ. FT. FOOTPRINT, A SINGLE STORY 124 SQ. FT.
FOOTPRINT MASTER BATHROOM ADDITION, AND 344 +/- SQ. FT. ROOF AREA OVER TH E
EXISTING FRONT PORCH. THE EXISTING HOME HAS A FOOTPRINT OF 1,900 SQ. FT. AND
FLOOR AREA OF 3,137 SQ. FT. SITE PLAN IS REQUIRED DUE TO EXPANSION OF A
NONCONFORMING STRUCTURE IN A CEA. RELIEF REQUESTED FOR SETBACKS. CROSS
REF SP 30-2021 WARREN COUNTY PLANNING MAY 2021 ADIRONDACK PARK AGENCY
ALD LOT SIZE 0.48 ACRES TAX MAP NO 226.19-2-1 SECTION 179-3-040; 179-13-010; 179-6-
065; 179-5-020
NICK ZEGLEN, REPRESENTING APPLICANT, PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 31-2021, John Graziano, Meeting Date: May 19, 2021 “Project Location:
195 Assembly Point Rd. Description of Proposed Project: Applicant proposes a 2-story addition of 866
sq. ft. footprint, a single story 124 sq. ft. footprint Master bathroom addition, and 344 +/- sq. ft. roof area
over the existing front porch. The existing home has a footprint of 1,900 sq. ft. and floor area of 3,137 sq. ft.
Site plan is required due to expansion of a nonconforming structure in a CEA and new floor area in a CEA.
Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks in the Waterfront Residential zone –WR
Section 179-3-040 dimensional
The applicant proposes the new 2 story addition to be located 8 ft. to the north property line; the covered
deck is to be 5 ft. where a 20 ft. setback is required. Relief requested for expansion of non -conforming
structure.
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 limited due to the
location of the existing home.
3. Whether the requested area variance is substantial. The relief requested may be considered
moderate relevant to the code. Relief requested for north side setback is 8 ft. for the new garage/house
addition and 5 ft. for the front covered deck, where a 20 ft. setback is required.
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.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
Applicant proposes residential additions to an existing home of 1,900 sq. ft. footprint/3,137 sq. ft. floor area.
There is to be a two story addition of 886 sq. ft. footprint, a single story of 124 sq. ft. footprint master
bathroom addition, and a 344 +/- sq. ft. roof area over the existing front porch. The new floor area is to be
4,699 sq. ft.”
MR. URRICO-And the Planning Board based on its limited review did not identify any significant impacts
that cannot be mitigated with the current project proposal, and that was adopted May 18th, 2021 by a
unanimous vote.
MR. ZEGLEN-Good evening. Nick Zeglen with Environmental Design Partnership. The applicant, Mr.
Graziano of 195 Assembly Point Road is proposing site improvements in the form of an attached garage
addition on the west side of the existing house, a master bathroom off the south side of the existing master
(Queensbury ZBA Meeting 05/19/2021)
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bedroom as well as the expansion of a covered deck off the front of the house. These additions will create
a setback relief requested on the northern property line for a side yard setback. The existing setback on
the house is 6.7 feet and the proposed setback would be 5 feet, so an increase of 1.7 feet. So there was a
letter in support from the northern property owner. This addition would directly affect them and they
submitted a letter to the Town in support of the project. Also part of the site improvements are a new
septic system with an Elgin enhanced treatment unit as well as stormwater management on site. There’ll
be a drip edge to catch some of the new garage runoff as well as a raingarde n to catch the rest of the new
roof runoff as well as some of the existing. The applicant is also proposing to remove about 1600 square
feet of existing asphalt and transforming that to permeable pavers to reduce the imperviousness on the
site. There’s also an existing shed that was on the southern property line that was beyond the setback.
The applicant is moving that shed to be in compliance. Overall we think all these site improvements
outweigh the 1.7 foot setback variance and it’s a good project. With that I’d like to turn it over to the
Board for any questions. Thank you.
MR. MC CABE-Do we have questions of the applicant? It seems pretty straightforward. So a public
hearing has been advertised. So at this particular time I’m going to open the public hearing and see if
there’s anybody in the audience who would like to provide input on this particular project and invite
anybody on the outside who may have comment to give us a call at 518-761-9225.
PUBLIC HEARING OPENED
MR. URRICO-I have a letter. “I, Robert Carbognin am the owner of 197 Assembly Point Road. My
property abuts John Graziano’s lot on the north side. This is the side of the proposed addition requiring
a variance due to lack of side yard setback. I have no issue with the proposed addition. I wish him well
on his construction project, and hope the Board will approve it. Sincerely, Robert Carbognin 197
Assembly Point Road, Lake George”
MR. KUHL-Why did you show all the pictures of the dock across the street?
MR. ZEGLEN-Just to show the shoreline buffer.
MR. KUHL-Thank you.
MR. MC CABE-So at this particular time I’m going to close the public hearing.
PUBLIC HEARING CLOSED
MR. MC CABE-I’m going to poll the Board, and I’m going to start with Brent.
MR. MC DEVITT-I’m in favor of this project. I think it’s well thought out. I think it’s minimal. We have
a neighbor to the north that’s in support. I will be voting yes on this.
MR. MC CABE-Ron?
MR. KUHL-It’s pre-existing non-conforming being there. They’re just adding on. It’s the minimal
necessary. I’d be in favor.
MR. MC CABE-John?
MR. HENKEL-Yes, I agree with my Board members. It’s a good project.
MR. MC CABE-Roy?
MR. URRICO-I’m in favor.
MR. MC CABE-Jim?
MR. UNDERWOOD-I’m in favor.
MR. MC CABE-Cathy?
MRS. HAMLIN-Me, too.
MR. MC CABE-So basically what we’re asked here is to okay 1.7 feet of setback from what’s existing right
now and I think that’s very minimal and so I, too, support the project. So I’m going to ask Cathy for a
motion here.
The Zoning Board of Appeals of the Town of Queensbury has received an application from John Graziano.
Applicant proposes a 2-story addition of 866 sq. ft. footprint, a single story 124 sq. ft. footprint Master
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bathroom addition, and 344 +/- sq. ft. roof area over the existing front porch. The existing home has a
footprint of 1,900 sq. ft. and floor area of 3,137 sq. ft. Site plan is required due to expansion of a
nonconforming structure in a CEA and new floor area in a CEA. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks in the Waterfront Residential zone –WR
Section 179-3-040 dimensional
The applicant proposes the new 2 story addition to be located 8 ft. to the north property line; the covered
deck is to be 5 ft. where a 20 ft. setback is required. Relief requested for expansion of non -conforming
structure.
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, May 19, 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:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties.
2. Feasible alternatives, really we didn’t need to consider them. This is a very reasonable request.
3. The requested variance is not substantial. It’s a small increase compared to what’s existing.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood
or district.
5. The alleged difficulty is self-created.
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance
would outweigh (approval) 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) 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 AREA VARIANCE NO.
31-2021 JOHN GRAZIANO, Introduced by Catherine Hamlin, who moved for its adoption, seconded by
Brent McDevitt:
Duly adopted this 19th Day of May 2021 by the following vote:
AYES: Mr. Urrico, Mr. Henkel, Mrs. Hamlin, Mr. Kuhl, Mr. Underwood, Mr. McDevitt, Mr. McCabe
NOES: NONE
MR. MC CABE-Congratulations.
MR. ZEGLEN-Thank you very much.