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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