Staff Notes 9/22/2021 Staff Notes
ZBA
September 22 , 2021
ZBA Meeting Wednesday, September 22, 2021
Approval of Meeting Minutes August 18' & 25'
Old Business:
AV 54-2021 Lester H. Chase III
New Business:
AV 62-2021 Antonio & Maria Civitella
AV 64-2021 Audrey & David VanVlack
AV 67-2021 Steve McDevitt
AV 63-2021 Joshua Funk
Queensbury Zoning Board of Appeals Agenda
Meeting:September 22,2021 Time: 7:00- 11:00 pm
Queensbury Activities Center—742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Administrative Items: Approval of Meeting Minutes for August 18,2021 and August 25,2021
OLD BUSINESS:
Applicant(s) Lester H.Chase III Area Variance No AV 54-2021
Owner(s) Lester H.Chase III&Thalia M.Chase SEQRA Type Type 11
Age t s Meyer,Fuller&Stockwell Lot Size 2.08 acres
Location 3219 State Route 9L Zoning SPLIT(RR-5A&LC-l0A)
Ward No. Ward 1
Tax Id No 239.19-1-17 Section 179-5-020; 179-3-040
Cross Ref SP 49-2021;PZ 130-2016 Warren County Planning August 2021
Public Hearing August 18, 2021; September 22,2021 Adirondack Park Agency ALD
Proiect Description: Applicant proposes to construct a 1,650 sq.ft.detached garage as a replacement garage of 1,596 sq. ft. The site
has an existing 1,582 sq.ft.home with a 378 sq.ft. shed(no changes).Site plan for new construction within 50 ft.of 15%slopes,
freshwater wetland. Relief requested for setbacks,size of garage,and number of garages.
NEW BUSINESS:
Applicant(s) Antonio&Maria Civitella Area Variance No AV 62-2021
Owner(s) Antonio&Maria Civitella SEQRA Type Type II
Agent(s) Studio A Landscape,Arch.&Eng.DPC Lot Size 0.37 acres
Jon Lapper,Esq.
Location 104 Knox Road Zoning WR
Ward No. Ward 1
Tax Id No 239.7-1-20 Section 179-3-040; 147-11
Cross Ref SP 55-2021;FWW 1-2021 Warren ounty Planning September 2021
Public Hearing September 22,2021 Adirondack Park Agency ALD
Proiect Description: Applicant proposes demo of existing home to construct a new home with a footprint of 2,924 sq.ft.and a floor
area of 5,465 sq. ft.The project includes installation of patio area on the lake side,new driveway area of permeable patio product,new
steps to future sun-deck and dock,a permeable patio with outdoor grill area,new fire pit area,new septic,new well,new site plantings
and new shoreline plantings. Site plan for new floor area in a CEA,hard surfacing within 50 ft. of shoreline,shoreline planting plan for
vegetation removal,stormwater measures steep slopes within 50 ft.of new home,and work within 100 ft.of wetland. Relief requested
for setbacks,floor area,permeability,and infiltration practice.
Applicant(s) Audrey&David VanVlack Area Variance No AV 64-2021
Owner(s) David&Audrey VanVlack SEQRA Type Type II
Age t s n/a Lot Size 0.23 acres
Location 14 Goldfinch Road Zoning MDR
Ward No. Ward 4
Tax Id No 315.6-2-22 Section 179-3-040; 179-5-020
Cross Ref n/a Warren County Planning n/a
Public Hearing September 22,2021 Adirondack Park Agency n/a
Proiect Description: Applicant proposes to construct 816 sq.ft.garage with a 192 sq.ft.breezeway addition.The breezeway is to be
160 sq.ft.with roof area of 32 sq.ft.and height of 14 ft. The garage is to be 16 ft. in height. The existing home of 1000 sq.ft. is to
remain. Relief requested for setbacks.
Queensbury Zoning Board of Appeals Agenda
Meeting: September 22, 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) Steve McDevitt Area Variance No. AV 67-2021
Owners Steve McDevitt SE RA Type Type II
Agent(s) Environmental Design Partner Chris Keil Lot Size 0.26 acres
Location 32 North Lane Zoning WR
Ward No. Ward 1
Tax Id No 226.19-1-58 Section 179-3-040; 179-6-065; 179-13-010
Cross Ref SP 58-2021 Warren County Planning September 2021
Public Hearing September 22,2021 Adirondack Park Agency ALD
Project Description: Applicant proposes a 1 '/2 story addition to an existing home. The addition is to be a 320 sq.ft.Great Room on
the first floor with a 128 sq.ft.open deck. The addition includes a 448 sq.ft.basement area and a 224 sq.ft.office on the second floor.
The existing floor area is 2,721 sq.ft. and the proposed is 3,755 sq.ft. Site plan for new floor area in a CEA and expansion of a
nonconforming structure. Relief requested for setbacks,permeability,expansion of a nonconforming structure,and floor area.
Applicant(s) Joshua Funk Area Variance No AV 63-2021
Owner(s) Joshua Funk SEQRA Type Type 11
Age t s n/a Lot Size 0.3 acres
Location 302 Bay Road Zoning Cl
Ward No. Ward 2
Tax Id No 302.8-1-18 Section 179-3-040; 179-4-080
Cross Ref RC 588-2021;AV 45-2003;PZ 39-2015 Warren County Planning September 2021
Public Hearin September 22,2021 Adirondack Park Agency n/a
Project Description: Applicant proposes to complete a 306.5 sq.ft.mudroom addition.Applicant removed a 269 sq.ft.mudroom due
to rotting and sinking of floor. Mudroom will be 1 ft.wider on each side due to placement of four footings. No other changes are
proposed,existing home of 728 sq.ft.and 870 sq.ft.garage to remain. 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 202 1\September 22,2021\ZBA Final Agenda September 22,2021.docx
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 54-2021
Project Applicant: Lester H. Chase III
Project Location: 3219 State Route 9L
Parcel History: SP 49-2021; PZ 130-2016
SEQR Type: Type II
Meeting Date: September 22,2021
Description of Proposed Project]-
Applicant proposes to construct a 1,650 sq. ft. detached garage as a replacement garage of 1,596 sq. ft. The site
has an existing 1,582 sq. ft. home with a 378 sq. ft. shed(no changes). Site plan for new construction within 50
ft. of 15% slopes, freshwater wetland. Relief requested for setbacks, size of garage, and number of garages.
Relief Required:
The applicant requests relief for the construction of a new garage that requires relief for setbacks, size of garage,
and number of garages in the Rural Residential zone,RR5A. The parcel is 2.08 acres.
Section 179-4-030 dimensional, Sectional 179-5-020- garage
The proposed garage is to be 14.2 ft from the property line where 75 ft is required. Relief is also requested for
the size of the garage of 1,650 sq ft where the maximum allowed is 1,100 sq ft for lots less than 5 ac. The
number of garages allowed on site is one,proposed is three garages—two existing. The garage is to be located
68 ft from the wetland where a 75 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 may be considered to reduce the number of garages,
reducing the size of the garage and locating the garage further from the property line. The parcel is 2.08 ac and all of
the buildings existed at one time,although the size is slightly larger.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code.
Relief requested for more than one garage, setback of 60.8 ft,and garage size of 550 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. The project as proposed may be considered to have minimal to no
impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to construct a 1,650 sq ft garage to replace a previous garage with this garage being
slightly larger. The plans show the location of the garage and the type of garage proposed. There are no
changes to the site; the proposed garage is located in the same area as the original.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
"!'own of Qucensbuty
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Lester H. Chase III
File Number: AV 54-2021
Location: 3219 State Route 9L
Tax Map Number: 239.19-1-17
ZBA Meeting Date: August 18, 2021; September 22, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Lester H. Chase
III. Applicant proposes to construct a 1,650 sq. ft. detached garage as a replacement garage of 1,596 sq. ft. The
site has an existing 1,582 sq. ft. home with a 378 sq. ft. shed(no changes). Site plan for new construction within
50 ft. of 15% slopes, freshwater wetland. Relief requested for setbacks, size of garage, and number of garages.
Relief Required:
The applicant requests relief for the construction of a new garage that requires relief for setbacks, size of garage,
and number of garages in the Rural Residential zone,RR5A. The parcel is 2.08 acres.
Section 179-4-030 dimensional, Sectional 179-5-020-garage
The proposed garage is to be 14.2 ft.from the property line where 75 ft. is required. Relief is also requested for
the size of the garage of 1,650 sq. ft. where the maximum allowed is 1,100 sq. ft. for lots less than 5 ac. The
number of garages allowed on site is one,proposed is three garages—two existing. The garage is to be located
68 ft. from the wetland where a 75 ft. setback is required.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,August 18, 2021 and Wednesday, September 22, 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. 54-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 22°d Day of September 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 62-2021
Project Applicant: Antonio & Maria Civitella
Project Location: 104 Knox Road
Parcel History: SP 55-2021; FWW 1-2021
SEQR Type: Type II
Meeting Date: September 22, 2021
Description of Proposed Project:
Applicant proposes demo of existing home to construct a new home with a footprint of 2,924 sq. ft. and a floor
area of 5,465 sq. ft. The project includes installation of patio area on the lake side, new driveway area of
permeable patio product, new steps to future sun-deck and dock, a permeable patio with outdoor grill area, new
fire pit area,new septic, new well, new site plantings and new shoreline plantings. Site plan for new floor area
in a CEA,hard surfacing within 50 ft. of shoreline, shoreline planting plan for vegetation removal, stormwater
measures steep slopes within 50 ft. of new home, and work within 100 ft. of wetland. Relief requested for
setbacks, floor area,permeability, and infiltration practice.
Relief Required:
The applicant requests relief for setbacks, floor area, permeability, and infiltration practice. The project is
located in the Waterfront Residential zone—WR on a 0.41 acre parcel.
Section 179-3-040, Chapter 147
The new home requires variance for setbacks where 20 ft. is required and 10.66 ft. is proposed; floor area where
22% is the maximum allowed and 32.5% is proposed; permeability where 75% is required and 68.5%proposed;
and infiltration practice is required to be 100 ft. for the shoreline where 35 ft. is proposed.
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 minimal 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 possible to reduce the
building size and reduce the hard surfacing on the site.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The setback relief is 9.34 ac, floor area is 10.5% in excess, permeability 6.5% in excess of hard
surfacing on the site.
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 new home is to have a footprint of 2,924 sq ft this includes the porches/deck areas. The home is to have a
floor area of 5,263 sq ft. The project includes the disturbance of 13,499+/- sq ft of the site for the construction
of a new home, landscaping, stormwater, septic and well. The site is to contain areas of permeable patio for the
driveway and shoreline side of the home. The project includes a fire pit area and new stone steps to the
proposed dock. The plans show the location of the existing and new home. The plans include floor plans and
elevations.
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of Queens tit),
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Antonio & Maria Civitella
File Number: AV 62-2021
Location: 104 Knox Rd.
Tax Map Number: 239.7-1-20
ZBA Meeting Date: September 22, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Antonio & Maria
Civitella. Applicant proposes demo of existing home to construct a new home with a footprint of 2,924 sq. ft.
and a floor area of 5,465 sq. ft. The project includes installation of patio area on the lake side, new driveway
area of permeable patio product, new steps to future sun-deck and dock, a permeable patio with outdoor grill
area, new fire pit area, new septic, new well, new site plantings and new shoreline plantings. Site plan for new
floor area in a CEA, hard surfacing within 50 ft. of shoreline, shoreline planting plan for vegetation removal,
stormwater measures steep slopes within 50 ft. of new home, and work within 100 ft. of wetland. Relief
requested for setbacks, floor area, permeability, and infiltration practice.
Relief Required:
The applicant requests relief for setbacks, floor area,permeability, and infiltration practice. The project is
located in the Waterfront Residential zone—WR on a 0.41 acre parcel.
Section 179-3-040, Chapter 147
The new home requires variance for setbacks where 20 ft. is required and 10.66 ft. is proposed; floor area where
22% is the maximum allowed and 32.5% is proposed; permeability where 75% is required and 68.5%proposed;
and infiltration practice is required to be 100 ft. for the shoreline where 35 ft. is proposed.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday, September 22, 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 (ap rp oval) / 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 MADE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 62-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 22"d Day of September 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 64-2021
Project Applicant: Audrey& David VanVlack
Project Location: 14 Goldfinch Road
Parcel History: n/a
SEAR Type: Type II
Meeting Date: September 22,2021
Description of Proposed Project:
Applicant proposes to construct 816 sq. ft. garage with a 192 sq. ft. breezeway addition. The breezeway is to be
160 sq. ft. with roof area of 32 sq. ft. and height of 14 ft. The garage is to be 16 ft. in height. The existing
home of 1000 sq. ft. is to remain. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks for construction of an attached garage and breezeway. The project is
located in Moderate Density Residential zone—MDR on a 10,000 sq ft lot.
Section 179-3-040 -dimensional, Section 179-5-020 garage
The new garage and breezeway addition is to be located 2.5 ft to the side property line where a 10 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 character 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 substantial
relevant to the code. Relief requested is 7.5 feet.
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 an 816 sq ft garage and a 192 sq ft breezeway to their existing home. The
project includes removal of an existing shed and deck where the addition is to be located. The plans show the
location of the additions and the elevations.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of( ucensbur),
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Audrey&David VanVlack
File Number: AV 64-2021
Location: 14 Goldfinch Rd.
Tax Map Number: 315.6-2-22
ZBA Meeting Date: September 22, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Audrey& David
VanVlack. Applicant proposes to construct 816 sq. ft. garage with a 192 sq. ft. breezeway addition. The
breezeway is to be 160 sq. ft. with roof area of 32 sq. ft. and height of 14 ft. The garage is to be 16 ft. in height.
The existing home of 1000 sq. ft. is to remain. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks for construction of an attached garage and breezeway. The project is
located in Moderate Density Residential zone-MDR on a 10,000 sq. ft. lot.
Section 179-3-040 -dimensional, Section 179-5-020 garage
The new garage and breezeway addition is to be located 2.5 ft.to the side property line where a 10 ft. setback is
required.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday, September 22, 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 outwei homed by 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. 64-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 2211 Day of September 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 67-2021
Project Applicant: Steve McDevitt
Project Location: 32 North Lane
Parcel History: SP 58-2021
SEQR Type: Type II
Meeting Date: September 22,2021
Description of Proposed Project:
Applicant proposes a 1 %2 story addition to an existing home. The addition is to be a 320 sq. ft. Great Room on
the first floor with a 128 sq. ft. open deck. The addition includes a 448 sq. ft. basement area and a 224 sq. ft.
office on the second floor. The existing floor area is 2,721 sq. ft. and the proposed is 3,755 sq. ft. Site plan for
new floor area in a CEA and expansion of a nonconforming structure. Relief requested for setbacks,
permeability, expansion of a nonconforming structure, and floor area.
Relief Required:
The applicant requests relief for setbacks,permeability, expansion of a nonconforming structure, and floor area
for the construction of additions to an existing home. The project is located in the Waterfront Residential zone
on a 0.26 ac parcel.
Section 179-3-040 -dimensional
The addition is to be 20 ft from the north side and 29 ft from the east side where a 30 ft setback is required.
The site permeability is to be 72% where 75% is required. The floor area is to be 33% where 22% is the
maximum 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 may be considered to reduce the
size of the additions. Noting the location of the existing home is not compliant.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code as the additions make it further non-compliant. Relief is requested for north side of 9 ft
and the east of 1 ft; floor area is 11% in excess and permeability is 3 % additional hard-surfacing.
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 will have minimal to no adverse
effects or impact on the physical or environmental conditions of the neighborhood.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The existing home is a 3,600 sq ft.is a two story home. The addition is 320 sq ft bedroom on the first floor and
128 sq ft open deck. The second floor is to have 224 sq ft addition as an office. The project also includes a 428
sq ft basement addition. The first floor plan shows two bedrooms with living room and kitchen area. The
second floor maintains the two bedroom and a new office area.
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals—Record of Resolution
i
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of(tueensbun,
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Steve McDevitt
File Number: AV 67-2021
Location: 32 North Lane
Tax Map Number: 226.19-1-58
ZBA Meeting Date: September 22, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Steve McDevitt.
Applicant proposes a 1 %2 story addition to an existing home. The addition is to be a 320 sq. ft. Great Room on
the first floor with a 128 sq. ft. open deck. The addition includes a 448 sq. ft. basement area and a 224 sq. ft.
office on the second floor. The existing floor area is 2,721 sq. ft. and the proposed is 3,755 sq. ft. Site plan for
new floor area in a CEA and expansion of a nonconforming structure. Relief requested for setbacks,
permeability, expansion of a nonconforming structure, and floor area.
Relief Required:
The applicant requests relief for setbacks, permeability, expansion of a nonconforming structure, and floor area
for the construction of additions to an existing home. The project is located in the Waterfront Residential zone
on a 0.26 ac parcel.
Section 179-3-040 -dimensional
The addition is to be 20 ft. from the north side and 29 ft. from the east side where a 30 ft. setback is required.
The site permeability is to be 72% where 75% is required. The floor area is to be 33% where 22% is the
maximum allowed.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday, September 22, 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. 67-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 2211 Day of September 2021 by the following voter
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 63-2021
Project Applicant: Joshua Funk
Project Location: 302 Bay Road
Parcel History: RC 588-2021; AV 45-2003; PZ 39-2015
SEQR Type: Type II
Meeting Date: September 22, 2021
Description of Proposed Project:
Applicant proposes to complete a 306.5 sq. ft. mudroom addition. Applicant removed a 269 sq. ft. mudroom
due to rotting and sinking of floor. Mudroom will be 1 ft. wider on each side due to placement of four footings.
No other changes are proposed, existing home of 728 sq. ft. and 870 sq. ft. garage to remain. Relief requested
for setbacks.
Relief Required:
The applicant requests relief for setbacks for a mudroom addition under construction. The project is located in
the Commercial Intensive- CI on a 0.292 acre parcel.
Section 179-3-040 - dimensional
The mudroom addition is to be located 21 ft on Homer and 47.1 ft on Bay where a 50 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 character 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 as the
mudroom is not compliant to the front setback.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The relief requested on the front property line is 29 feet on Homer and 2.9 ft on Bay.
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 will have minimal
impact to 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 to complete the mudroom addition of 306.5 sq ft. The applicant had removed the 269 sq ft
portion of the home due to the area dropping and observed further deterioration of that part of the home.The plans show
the location of the mudroom from when it was removed to the partial construction.The submission includes the photos
and drawings of the mudroom.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of Queensbury,
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Joshua Funk
File Number: AV 63-2021
Location: 302 Bay Rd.
Tax Map Number: 302.8-1-18
ZBA Meeting Date: September 22, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Joshua Funk.
Applicant proposes to complete a 306.5 sq. ft. mudroom addition. Applicant removed a 269 sq. ft. mudroom
due to rotting and sinking of floor. Mudroom will be 1 ft. wider on each side due to placement of four footings.
No other changes are proposed, existing home of 728 sq. ft. and 870 sq. ft. garage to remain. Relief requested
for setbacks.
Relief Required:
The applicant requests relief for setbacks for a mudroom addition under construction. The project is located in
the Commercial Intensive- Cl on a 0.292 acre parcel
Section 179-3-040 - dimensional
The mudroom addition is to be located 21 ft. on Homer and 47.1 ft. on Bay where a 50 ft. setback is required.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday, September 22, 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. 63-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 22°d Day of September 2021 by the following vote:
AYES:
NOES: