Staff Notes Staff Notes
ZBA
September 29 , 2021
New Business :
AV 65-2021 Paul & Darlene Richards
AV 66-2021 MH Imperial Homes
SV 5-2021 Saxton Sign (for McDonald's)
AV 57-2021 Brett & Pamela West (Main)
AV 58-2021 Brett & Pamela West (Guest)
Queensbury Zoning Board of Appeals Agenda
Meeting �� _; Time: 7:00- 11:00 pm
Queensbury Activities Center-742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
NEW BUSINESS:
Applicant(s) Paul&Darlene Richards Area Variance No AV 65-2021
Owner(s) Paul&Darlene Richards SEQRA Type Type II
Agent(s) Kevin Maynard Lot Size 0.34 acres
Location 18 Fort Amherst Road Zoning MDR
Ward No. Ward 2
Tax Id No 302.11-1-76 Section 179-3-040; 179-4-080
Cross Ref RC 436-2021 Warren County Planning September 2021 &Glens Falls
Public Hearing September 29,2021 Adirondack Park Agency n/a
Proiect Description: Applicant proposes to construct a 225 sq.ft.sunroom addition to an existing home. The existing home is 2,115
sq. ft.with an attached garage of 480 sq. ft.and a porch of 209 sq.ft. An existing patio of 300 sq.ft. is to be removed for the sunroom
addition. No other changes to the site are proposed. Relief is requested for setbacks.
Applicant(s) MH Imperial Homes/Greg Hewlett Area Variance No AV 66-2021
Owner(s) MH Imperial Homes SEQRA Type Type II
Age t s Greg Hewlett Lot Size 0.45 acres
Location 173 Sunnyside Road Zoning RR-3A
Ward No. Ward 1
Tax Id No 279.17-1-63 Section 179-3-040
Cross Ref AV 27-2020;RC 730-2020 Warren County Planning September 2021
Public Hearing September 29,2021 Adirondack Park Agency n/a
Proiect Description: Applicant requests approval of the placement of a 1,456 sq.ft.modular home in a Rural Residential 3-Acre
Zone. Existing shed,driveway,side entry,and front entry to remain the same.Relief requested for setbacks.
Applicant(s) Saxton Sin Darren Katz for McDonald's Sin Variance No. SV 5-2021
Owner(s) Josef Gailil SEQRA Type Unlisted
Age t s Saxton Sin(Darren Katz Lot Size 1.81 acres
Location 364 Dix Avenue Zoning CI
Ward No. Ward 2
Tax Id No 303.20-1-3.2 Section 140
Cross Ref SIGN 563-2021;SIGN 564-2021;SV 2-2020 Warren County Planning September 2021
Public Hearing September 29,2021 Adirondack Park Agency n/a
Proiect Description: Applicant proposes to install a 19.53 sq.ft.sign on the north face of the existing McDonald's building. The
existing building of 3,460 sq.ft.is to remain the same. The existing freestanding signs are to remain the same. The sign on the west
face of the building is the permitted wall sign. There are no changes to the site. Relief requested for two wall signs where only one is
allowed.
Queensbury Zoning Board of Appeals Agenda
Meeting � '"« , 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) Brett&Pamela West Main House Area Variance No AV 57-2021
Owner(s) Brett&Pamela West SEQRA Type Type II
Age t s Environmental Design Partner Lot Size 0.91 acres
Location 106 Bay Parkway Zoning WR
Ward No. Ward 1
Tax Id No 226.15-1-17 Section 179-3-040
Cross Ref SP 51-2021;SEP 342-2021;PZ 210-2016;PZ 95- Warren County Planning August 2021
2016;PZ 89-2016;SP 37-2009;AV 47-2007;SP
39-2007
Public Hearing September 29,2021 1 Adirondack Park Agency ALD
Proiect Description: (Revised;new information submitted 9/10/21) Applicant proposes to demo existing home and construct a new
home of 5,722 sq.ft.(building footprint of 5,030 sq.ft.and covered walkway of 692 sq.ft.)and a patio area of 1,800 sq.ft. The new
floor area will be more than 9,199 sq.ft.;a 500 sq.ft.barn is also proposed and maintaining the shed adding to the floor area.The
project includes site work for new landscaping shoreline and residential house,septic,stormwater management,driveway area,a
covered walkway between the main home and a proposed home on the adjoining parcel. Project also includes a 375 sq.ft.porte
cochere and an attached garage. Site plan for new floor area in a CEA and hard surfacing within 50 ft.of the shoreline. Relief
requested for setbacks,permeability,height,additional garage,and floor area.
Applicant(s) Brett&Pamela West Guest House Area Variance No AV 58-2021
Owner(s) Brett&Pamela West SEQRA Type Type II
Agent(s) Environmental Design Partner Lot Size 0.34 acres
Location 108 Bay Parkway Zoning WR
Ward No. Ward 1
Tax Id No 226.15-1-16 Section 179-3-040; 179-6-065; 179-
4-050
Cross Ref SP 52-2021;SEP 343-2021;AST 433-2020; Warren County Planning August 2021
DEMO 803-2019;PT 802-2019;AV 52-2009;SP
54-2009
Public Hearing September 29,2021 Adirondack Park A ency I ALD
Proiect Description: Applicant proposes construction of a new home with 3,741 sq.ft.floor area and 2,990 sq.ft.footprint.The
home is two story with an attached garage. The project includes a covered walkway from the home to the proposed adjoining home.
Site work includes stormwater management with a rain garden,new site plantings,new septic,and new line for drinking water. Site
plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks,permeability,floor
area,and access from adjoining lot.
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\September 29,2021\ZBA Final Agenda September 29,2021.docx
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 65-2021
Project Applicant: Paul&Darlene Richards
Project Location: 18 Fort Amherst Road
Parcel History: RC 436-2021
SEQR Type: Type II
Meeting Date: September 29,2021
� P_'onfropoe f
Applicant proposes to construct a 225 sq. ft. sunroom addition to an existing home. The existing home is 2,115
sq. ft. with an attached garage of 480 sq. ft. and a porch of 209 sq. ft. An existing patio of 300 sq. ft. is to be
removed for the sunroom addition. No other changes to the site are proposed. Relief is requested for setbacks.
The applicant requests relief for setbacks for a sunroom addition in the Moderate Density Residential zone,
MDR. The parcel is 0.34 acres
Section 179-3-040 dimensional, 179-4-080 porch
The sunroom addition is to be located 7.2 ft from the closest edge to the east property line where a 25 ft setback
is required.
ea ari. e 2 c-�iri o Chhapte 6 of� ``maw
rxt a for�co aside ng_ai ti �. � �
. ., .
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 limited due to
the location of the existing home on the parcel and the configuration of the interior of the home to access the
addition.
3. Whether the requested area variance is substantial. The request for relief may be considered moderate
relevant to the code. The relief requested is 17.8 ft from the side yard setback.
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. The applicant proposes no changes to
the existing conditions.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
v
SEa ? commeu�
The applicant proposes to construct a sunroom addition to an existing home. The plans show the location of the
addition and the elevations. The project involves removal of an existing patio area to install the patio. There
are no other site changes proposed.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of CLUnam umw
Area Variance Resolution To: OR roe e "sa filte
Applicant Name: Paul&Darlene Richards
File Number: AV 65-2021
Location: 18 Fort Amherst Rd.
Tax Map Number: 302.11-1-76
ZBA Meeting Date: September 29, 2021
The Zoning Board of Appeals of the Town of Queensbury ha .._eye e application from Paul& Darlene
Richards. Applicant proposes to construct a 225 sq. ft. su :Dorn additi an existing home. The existing
home is 2,115 sq. ft. with an attached garage of 480 sq.fit. T a porch of . ft. An existing patio of 300
sq. ft. is to be removed for the sunroom addition. No changes to the si e roposed. Relief is requested
for setbacks.
ReLefsReq�irec�
The applicant requests relief for setbacks for a, o addition u e Moderate Density Residential zone,
MDR. The parcel is 0.34 acres.
Section 179-3-040 dimensional � 4- 0 porch
The sunroom addition is to e: sated . from th os .dge oe east property line where a 25 ft.
setback is required.
SEQR Type II—na : eview v . i edA
A public hear' ' as advertis x d hel : _ .Wednes a eptember 29, 2021.
Upon review o h application terials, ormation supplied during the public hearing, and upon
consideration of the cr e is specified in, ection 9-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and e discussion d deliberation, we find as follows:
1. There xs l `'s of an undesirab 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, rer asona°e�dhayebeen
zriclu a 'Eo�irh�e's' e eq es OR�r��rioossb�e.
3. The requested variance iff substantial because
4. There is/ srvna an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty self-created because
6. In addition, the Board finds that the benefit to the a licant from granting the requested variance ;
erg appro�Lul ziiec1 e r 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 the olio � � �
proposes �A. nc� ons�
a)
b) ,
c) Adherence to the items outlined in the follow-up letter ,enf' is resolution.
BASED ON THE ABOVE FINDINGS I MAKE A ` OTION TOPROV ID AREA VARIANCE
NO. 65-2021, Introduced by ,who moved for its 'do tion, seco ded by
Duly adopted this 29th Day of September ,0, > by the follo o e:
AYES:
NOES:
a
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 66-2021
Project Applicant: MH Imperial Homes/Greg Hewlett
Project Location: 173 Sunnyside Road
Parcel History: AV 27-2020; RC 730-2020
SEQR Type: Type II
Meeting Date: September 29,2021
-k"" ,
PuWON poe: r
Applicant requests approval of the placement of a 1,456 sq. ft. modular home in a Rural Residential 3-Acre
Zone. Existing shed, driveway, side entry, and front entry to remain the same. Relief requested for setbacks.
Re i�e�f, R�iire.
The applicant requests relief for setbacks of a home that had recently been installed in the Rural Residential
zone,RR3A. The parcel is 19,702 sq ft.
Section 179-3-040 dimensional
The home has been placed with front setback at 8 1.0 ft the rear setback at 88.5 ft where 100 ft setback is
required;the side setback to the west is 26.3 ft and to the east is 21.9 ft where a 75 ft. setback is required.
���
-111—M ar�cons �er ng rca' ar ance�cc � g o a e 161 of Tovs'n sa
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 limited due to
the size of the lot where the parcel is less than 3 acres and a variance would be required to place the home
anywhere on 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 front setback of 19 ft,rear setback of 12 ft, side west is 48.7 ft,
and side east is 53.1 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 to no impact to the physical or
environmental conditions in the neighborhood may be anticipated. The project includes installation of a
septic system and maintaining the existing well.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Scomm"
The applicant requests approval of a home that was placed on a parcel of land with specific setbacks and the
home was not placed in the required location. The site remains the same with the house location setback a bit
further where relief is required for all four sides. The plans show the current location of the home.
Zoning Board of Appeals-Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
To40draumewV
Area Variance Resolution To: ME-ONe `sa
Applicant Name: MH Imperial Homes
File Number: AV 66-2021
Location: 173 Sunnyside Rd.
Tax Map Number: 279.17-1-63
ZBA Meeting Date: September 29, 2021
The Zoning Board of Appeals of the Town of Queensbury ha cee application from MH Imperial
Homes. Applicant requests approval of the placement of 1, `5 sq. ft dular home in a Rural Residential 3-
Acre Zone. Existing shed, driveway, side entry, and fro to remain a ame. Relief requested for
setbacks.
9
The applicant requests relief for setbacks o ' ",me that had re, "' been installed in the Rural Residential
zone, RR3A. The parcel is 19,702 sq. ft.
Section 179-3-040 dimensional
The home has been placed wi ' " eback at 8 ,th " et�ack a8.5 ft. where 100 ft. setback is
required; the side setback t = " est is ft. and = ,3 e is 2 where a 75 ft. setback is required.
u
SEQR Type II-no further revs £. equire
A public hearin x` e e and he on We Sep ember 29, 2021.
Upon review the applicati is aterialN-1 rinformation supplied during the public hearing, and upon
consideration of the c�;teria specifie w Sect 9-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law an ��,� er discussio d deliberation, we find as follows:
1. There an undesir bN -flange in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, area a ona e � aye b. °i
ie �ed�to�ni ni �h���e �s#OR arm o`t��o `e.
3. The requested variance Saris o substantial because
4. There an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty f- opt self-created because
6 In addition, the Board finds that the benefit to the a licant from granting the requested variance '�M'
e a`` o�aXIo �� Mnial the resulting detriment to the health safe and
g safety
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 theOIVc� sMwJngoo
a)
b)
c) Adherence to the items outlined in the follow-up letter se W, this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A Q ON TOR®. ID x AREA VARIANCE
NO. 66-2021, Introduced by ,who moved for i option, seconded by' ..
Duly adopted this 29th Day of September 2021 by the fo lo 'ng A:1e
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Sign Variance No.: 5-2021
Project Applicant: Saxton Sign (Darren Katz) for McDonald's
Project Location: 364 Dix Avenue
Parcel History: SIGN 563-2021; SIGN 564-2021; SV 2-2020
SEQR Type: Unlisted
Meeting Date: September 29,2021
Applicant proposes to install a 19.53 sq. ft. sign on the north face of the existing McDonald's building. The
existing building of 3,460 sq. ft. is to remain the same. The existing freestanding signs are to remain the same.
The sign on the west face of the building is the permitted wall sign. There are no changes to the site. Relief
requested for two wall signs where only one is allowed.
Re�e Re�u
nre
The applicant requests relief for two wall signs where only one is allowed in the Commercial Intensive zone,
CI. The parcel is 1.8 acres.
Section 140—sign number
Applicant proposes two wall signs where only one is allowed—the new sign is to be on the north side of the
building and to be 19.53 sq. ft.
re a�o �nde n' a rianceaccarclgEohape 0�0aw
g � � _ M
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 sign variance. Minimal 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 a sign variance. Feasible alternatives may be considered to reduce the
number of signs requested.
3. Whether the requested sign variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief is requested to have 1 additional wall sign.
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 have minimal
to no impact on the environmental conditions of the neighborhood.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Stafcaf�nmen
The project is for an existing McDonald's where the new sign is proposed on the North side of the building.
The north side is the front of the building facing Dix Avenue. Patrons utilize the entrance access on Dix
Avenue and the interconnect access on Quaker Road. The plans show the location of the permitted sign and the
proposed sign.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238
ToNadfaQwpemw ut}'
Sign Variance Resolution To: r rv. appx� e
Applicant Name: Saxton Sign(Darren Katz)for McDonald's
File Number: SV 5-2021
Location: 364 Dix Ave.
Tax Map Number: 303.20-1-3.2
ZBA Meeting Date: September 29, 2021
The Zoning Board of Appeals of the Town of Queensb recei ` -an application from Saxton Sign
(Darren Katz) for McDonald's. Applicant proposes o'`w stall a 19.53 ft. sign on the north face of the
existing McDonald's building. The existing build', o }f ,460 sq. ft. is to emain the same. The existing
freestanding signs are to remain the same. The si the west face of the ding is the permitted wall
sign. There are no changes to the site. Relief reques e9 ,or two waI signs wher' .only one is allowed.
,Reliefs �e�9u`��c��
The applicant requests relief for two wall s -my one is owed in the Commercial Intensive
zone, CI. The parcel is 1.8 acres.
Section 140—sign numbs
Applicant proposes two 1. U igns wh only one lowed—the w sign is to be on the north side of
the building and to be 19.53
SEQR Type:
Motion re gar g Sign Varta ce No. - 0 1. App icant Name: Saxton Sign (Darren Katz) for
McDonald's, used upon the i fo ati nd the analysis of the above supporting documentation
provided by the ._3plicant,this Boa d find iat this o: result in any significant adverse
environmental imp a So we giv 'osi �e .:e a Declaration, Introduced by
w ;o owed fob is adoption, seconded by
Duly adopted this 29th Day bfe tember 2021,by the following vote:
AYES:
NOES:
A public hearing was advertised and held on Wednesday, September 29, 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. 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 sign variance? SR1RES�'�Ol �
2. Can the benefit sought by the applicant be achieved b some method, feasible for the applicant to
pursue, other than a sign variance? '= SIZ
3. Is the requested sign variance substantial? T � E
4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions
in the neighborhood or districts ER-0 21�t;P�1�
5. Is the alleged difficulty self-created? 9 SCQI
6. In addition,the Board fmds that the benefit to the a lic nt from granting the requested variance
x uld�u ei a roal l :'o u1de outweighec�berrra thy, esulting detriment to the health,
safety and welfare of the neighborhood or community;
7. The Board also finds that the variance request under cos ra o is the minimum necessary;
Based on the above findings I make a MOTION TO ` U n Variance SV 5-2021,
Saxton Sign,Introduced by , who move ; 0 4`s adoption, secon e t 4
As per the resolution prepared by staff with the folio
A. nserc rich ions, oinmenls
B. The variance approval is valid for one (l sear the date o� m , roval; you may request an
extension of approval befo -tie one (1)year time frame expires;
C. If the property is locate' ithin e : dirondacthe app•o" ed variance is subject to review by
the Adirondack Park age cy (AP A The appli y°`'his caution against taking any action until the
APA's review is comple
T y Y
D. Final ap d e, ansaompl be with anp ,eve".variance must be submitted to the Community
Develo me t Departure t " e ore her re '. by the Zoning Administrator or Building & codes
personne
E. Subsequent iss a'ce of further its, in Tiding sign permits are dependent on receipt of these final
plans;
F. Upon approval of the apt "`cati `eview and approval of final plans by the Community Development
Department the applicant ply for a sign permit unless the proposed project requires review,
approval, or permit from the own Planning Board and/or the Adirondack Park Agency,Lake George
Park Commission or other State agency or department.
Duly adopted this 291h 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.: 57-2021
Project Applicant: Brett&Pamela West(Main House)
Project Location: 106 Bay Parkway
Parcel History: SP 51-2021; SEP 342-2021; PZ 210-2016; PZ 95-2016; PZ 89-2016; SP 37-2009; AV
47-2007; SP 39-2007
SEAR Type: Type II
Meeting Date: September 29, 2021
, g pI o ho opose, � ec
Applicant proposes to demo existing home and construct a new home of 5,710 sq. ft. (footprint) and a patio area
of 1,800 sq. ft. The new floor area is 9,199 sq. ft. The project includes site work for new landscaping shoreline
and residential house, septic, stormwater management, driveway area, a covered walkway between the main
home and a proposed home on the adjoining parcel. Project also includes a 375 sq. ft. pone cochere and an
attached garage. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief
requested for setbacks,permeability, height, second garage, and floor area.
10`e e urre
"M
The applicant requests relief for setbacks,permeability,height, second garage, sheds size total square footage
and floor area for a new home and associated accessory buildings. Project is in the Waterfront Residential zone
—WR. Parcel is 0.91 acreas
Section 179-3-040 dimensional, 179-5-020 sheds, garages
The new home is to be located 30 ft. to the east shoreline, 31 ft.to the west shoreline where 50 ft. is required.
The covered walkway is to be 0 ft. from the west side setback where a 20 ft. setback is required. The project
proposes two garages where only one is allowed—the porte-cochere is considered a garage due to width of open
sides allowing vehicles. The project proposes two accessory buildings one is an existing 75 sq. ft.pump storage
shed and the other is a new 500 sq. ft. barn,where relief is for exceeding 500 sq. ft. maximum size for sheds.
Relief is also requested for floor area where 9,202 sq. ft. 23.3% is proposed and 8,687 sq. ft. 22%is allowed.
Permeability relief where 69.1% is proposed and 75% is required.
e a MOO,,4"Ind O e�a10 ante cco Ong o I iapter G oaf o �a
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. The feasible alternatives may be possible to reduce the
overall size of the home, shed, increase the permeability.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate to
substantial relevant to the code. Relief requested to east shoreline 20 ft,west shoreline 19 ft. The covered
walkway 20 ft. Relief for an additional garage. Relief for accessory buildings 75 sq ft in excess. Relief for
floor area is 1.3 % in excess. Permeability relief 5.9% less than 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 as proposed may be considered
to have minimal impact on the environmental conditions of the site or area. The applicant has included new
stormwater measures that did not exist prior and proposes a new septic system.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
�affomme�
The applicant proposes to demolish an existing building to construct a new home. The first floor plan shows
living room area, kitchen, dining room,the porte-chochere, media room, small office, game room,and a two car
garage. Note the area labeled wet bar will have no kitchen elements. The second floor plan shows bathrooms,
closets, bedrooms, and a loft area above the garage. The covered walkway extends to the adjoining property
also owned by the applicant. The plans show the location of the new home, driveway area, shed location,
plantings,patio areas and holding tanks. The plans also include elevations and floor plans.
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
Toiqutury
?� 1Sa ode
Area Variance Resolution To: io xe pp�y._ :
Applicant Name: Brett&Pamela West
File Number: AV 57-2021
Location: 106 Bay Parkway
Tax Map Number: 226.15-1-17
ZBA Meeting Date: September 29, 2021
The Zoning Board of Appeals of the Town of Queensbury has ece' n application from Brett& Pamela
West. Applicant proposes to demo existing home and con true rya new "` "`_=e of 5,722 sq. ft. (building footprint
of 5,030 sq. ft. and covered walkway of 692 sq. ft.) and a area of 1,8°0 . ft. The new floor area will be
more than 9,199 sq. ft.; a 500 sq. ft. barn is also prop e d maintaining the `ed adding to the floor area. The
project includes site work for new landscaping shorelin" d residential house, c, stormwater management,
driveway area, a covered walkway between the main ho e -d a pro ed home o ." °e adjoining parcel.
Project also includes a 375 sq. ft. porte coc e.e and an attac a ara Site plan for n . oor area in a CEA
and hard surfacing within 50 ft. of the shore ",. Relief reque e` `or setbacks,permeab1 ity, height, additional
garage, and floor area.
��efie ;ir�e�d
The applicant requests relie etbac `x ermeabil n. ] , sec -: a .arage, sheds size total square footage
and floor area for a new hom d associa accesso i dings. Project is in the Waterfront Residential zone
—WR. Parcel is 0.91 acreas
Section 179-3 04, dnsiba1,179 0 sheds, arages
The new hom be locate 0' > . to ast shore lrn`�- 4 ft. to the west shoreline where 50 ft. is required.
The covered wa = :ay is to be 0 ft o th t side setback where a 20 ft. setback is required. The project
proposes two gara e here only o allo the porte-cochere is considered a garage due to width of open
sides allowing vehicl he project prp,oses accessory buildings one is an existing 75 sq. ft.pump storage
shed and the other is a n 00 sq. ft. b where relief is for exceeding 500 sq. ft. maximum size for sheds.
Relief is also requested for o area ie 9,202 sq. ft. 23.3% is proposed and 8,687 sq. ft. 22%is allowed.
Permeability relief where 69. o =0 4 s ed and 75% is required.
SEQR Type H—no further review r quired;
A public hearing was advertised and held on Wednesday, September 29, 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 an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
>>�a
2. Feasible alternatives are and have been considered by the Board, I WWI e 6�� on
in udedornfz 'e OR are �poIsilile.
3. The requested variance 91, s ion substantial because
4. There LIVI �� 111 an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty OW' self-created because
6. In addition, the Board finds that the benefit to the D lican granting the requested variance
v6 h rcin ��wotld�leou r eiema11 " es '`=in detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request un e onsideration is them¢: um necessary;
8. The Board also proposes thebllo �gc dztions
a)
b)
c) Adherence to the items-moo '" ec .' the foil o p le - „n -th this resolution.
BASED ON THE ABOVE F 4, S,- A MC)TTON TO ® wl ,y{ AREA VARIANCE
NO. 57-2021, In ce �'o o ec tits adop ion, seconded by
Duly adopted 9th Day of aembe 021 by the owing vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 58-2021
Project Applicant: Brett& Pamela West(Guest House)
Project Location: 108 Bay Parkway
Parcel History: SP 52-2021; SEP 343-2021; AST 433-2020; DEMO 803-2019; PT 802-2019; AV 52-
2009; SP 54-2009
SEQR Type: Type II
Meeting Date: September 29,2021
D e pof�ro o e roj�ct
Applicant proposes construction of a new home with 3,741 sq. ft. floor area and 2,990 sq. ft. footprint. The
home is two story with an attached garage. The project includes a covered walkway from the home to the
proposed adjoining home. Site work includes stormwater management with a rain garden, new site plantings,
new septic, and new line for drinking water. Site plan for new floor area in a CEA and hard surfacing within 50
ft of the shoreline. Relief requested for setbacks, permeability, floor area, and access from adjoining lot.
I'd
The applicant requests relief for setbacks,permeability, floor area, and access from adjoining lot for the
construction of a new single-family home in the Waterfront Residential Zone—WR. The parcel is 0.34 acres.
Section 179-3-040 dimensional
The covered walkway is to be 0 ft. from the east side setback where a 20 ft. setback is required. The home is to
be 19 ft. from the east property line where a 20 ft. setback is required. Relief is also requested for floor area
where 3,741 sq. ft. 25.6% is proposed and 3,212 sq. ft. 22% is allowed. Permeability relief where 72% is
proposed and 75% is required. Relief is also requested to access the parcel from the adjoining lot and not the lot
the project is on.
i e�a ors ons ci bg an s re�atQ AlIMS-aceoM',,2-n1
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. The feasible alternatives may be possible to reduce the
overall size of the home, increase permeability.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate to
substantial relevant to the code. Relief requested covered walkway 20 ft. The home is to be 1 ft from the
east property line. Relief for floor area is 3.6% in excess. Permeability relief is 3%. Relief for access.
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. The applicant has included new
stormwater measures that did not exist prior and proposes a new septic system.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
MR-ta 5
The applicant proposes a new home to be constructed is 2,090 sq ft, footprint home with an attached garage.
The project includes patio areas, and a covered walkway section to connect to the adjoining property owners
proposed home the same individuals own the properties. The new home is to be 3,741 sq ft floor area. The first
floor plan shows dining room area, living room area,kitchen, garage, a bedroom, a small office area. The
second floor shows two bedrooms,bathrooms, exercise area, and office area. The plans show the location of
the proposed home on the site with associated driveway area,patios,holding tanks,plantings.
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
ToI"Wnur7
Area Variance Resolution To: � � D sago e�ppro ,60 ��.
Applicant Name: Brett&Pamela West
File Number: AV 58-2021
Location: 108 Bay Parkway
Tax Map Number: 226.15-1-16
ZBA Meeting Date: September 29, 2021
The Zoning Board of Appeals of the Town of Queensbury has iv application from Brett& Pamela
West.Applicant proposes construction of a new home m- h sq. r area and 2,990 sq.ft. footprint.
The home is two story with an attached garage. The pro'_004 cludes a co red walkway from the home to the
proposed adjoining home. Site work includes stormy a anagement with a ,=din garden,new site plantings,
new septic, and new line for drinking water. Site plan o new floor area in a C ` d hard surfacing within 50
ft of the shoreline. Relief requested for setbacks, permea "zty, flooz ea, and acces {_.om adjoining lot.
The applicant requests relief for setbacks,permeabili bor area, ccess from adjoining lot for the
construction of a new single-family ome in the _` terfronf° es'dentia one—WR. The parcel is 0.34 acres.
Section 179-3-040 dimensk,
The covered walkway is to I . tkomt ast side se =:ack where a 20 ft. setback is required. The home is to
be 19 ft. from the east property her 0 ft. setba s required. Relief is also requested for floor area
where 3,741 sq. ft. So ropo ft. 2 allowed. Permeability relief where 72% is
proposed and 759' quYe; elie 3 so reque ` d3to a less the parcel from the adjoining lot and not the lot
the project is 0,..
SEQR Type II—n `: her review r ii' ed;
A public hearing was ad e, 'sed and he n Wednesday, September 29, 2021.
Upon review of the applica n aerials, information supplied during the public hearing, and upon
consideration of the criteria Spec r e 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:
IXI b ,.,
1. There is%� 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, eascin�UUleandhayeen
in ludd�3�nnimttlie nest OR ac q_ apossible.
3. The requested variance substantial because
4. There NUNN o an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty��s�n oo self-created because
6. In addition, the Board finds that the benefit to the a Dlicant from granting the requested variance oul
use I` ; , r v �� o e outi�i dd *, j em 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 Mil OMMIM A fans:
a)
b) ,
c) Adherence to the items outlined in the follow " . tter sent with this resau 'on.
BASED ON THE ABOVE FINDINGS AkE&A MOTIO aj EM",41 V AREA VARIANCE
NO. 58-2021, Introduced by ,who mo o .s option, s o ded by :
Duly adopted this 29th Day of Se:Member 2021 e fol o :_` g vote.
AYES:
NOES:
k
's