Staff Notes Staff Notes
ZBA
October 20 , 2021
Administrative Items :
*Approval of Meeting Minutes September 22, 2021 &
September 29, 2021
*Table AV 62-2021 Civitella to December 15, 2021
*AV 44-2020 (MH Imperial Homes) Request for One Year
Extension November 18, 2021 to November 18, 2022
Old Business:
AV 56-2021 Dark Bay Lane, LLC
New Business:
AV 68-2021 Brian Hogan
AV 69-2021 Michael & Susan Kajdasz
AV 70-2021 Streck's Inc.
Queensbury Zoning Board of Appeals Agenda
Meeting: October 20, 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 September 22,2021 and September 29,2021
Table AV 62-2021 Civitella to December 15,2021
AV 44-2020(MH Imperial Homes)Request for One Year Extension November 18,2021 to November 18,2022
OLD BUSINESS:
Applicant(s) Dark Bay Lane,LLC Area Variance No AV 56-2021
Owner(s) Dark Bay Lane,LLC SEQRA Type Type II
Age t s Environmental Design Partnership,LLP Lot Size 0.43 acres
Location 40 Dark Bay Lane Zoning WR
Ward No. Ward 1
Tax Id No 239.18-1-37 Section 179-3-040; 179-4-010; 179-6-050;
179-6-065
Cross Ref SP 48-2021;SEP 298-2021 Warren County Planning August 2021
Public Hearing I August 18, 2021;October 20,2021 Adirondack Park Agency ALD
Proiect Description: (Revised)Applicant proposes several renovations to an existing home and to construct an attached garage. The
existing home is 2,067 sq.ft.including a deck. The new footprint is to be 2,658 sq.ft.which 653 sq.ft.is the new garage footprint.
Existing floor area is 2,650 sq.ft.and new floor area is 4,378 sq.ft. The project includes replacement of existing hard surfacing area
for a total of 4,842 sq.ft. The project includes placement of rock retaining walls,a new well,and a new septic system.The project also
includes a new screen porch area,deck replacement,new raised roof area and new upper level. Site plan for hard surfacing within 50
ft.of the shoreline and new floor area in a CEA. Revision includes 2 new shoreline buffer planted areas,stone trench addition to
permeable pavers,and dry well near the garage.Relief requested for setbacks,floor area,rain gardens within 100 ft.of shoreline,and
expansion of a non-conforming structure.
NEW BUSINESS:
Applicant(s) Brian Hogan Area Variance No AV 68-2021
Owner(s) Brian Hogan SEQRA Type Type II
Age t s n/a Lot Size 0.79 acres
Location 33 Holly Lane Zoning WR
Ward No. Ward 1
Tax Id No 239.12-2-37 Section 179-3-040; 179-5-090
Cross Ref DEMO 669-2021 Warren County Planning October 2021
Public Hearing October 20,2021 Adirondack Park Agency ALD
Proiect Description: Applicant proposes to use a 530 sq.ft.portion of existing 1,440 sq.ft.garage for a dwelling unit. The project
includes one bedroom,bathroom,living room area,and kitchen area. The garage portion of the building is to remain. The project
includes demolition of a 634 sq.ft.existing home. There are no other changes to the site or buildings. Relief requested for a dwelling
unit less than 800 sq.ft.
Applicant(s) Michael&Susan Kajdasz Area Variance No. AV 69-2021
Owner(s) Michael&Susan Kajdasz SEQRA Type Type II
Age t s Hutchins Engineering PLLC&Curt D bas,R.A. Lot Size 0.96 acres
Location 113 Seelye Road Zoning WR
Ward No. Ward 1
Tax Id No 227.17-1-49 Section 179-3-040; 179-5-020;
179-13-010
Cross Ref SP 61-2021;AV 5-2017 Warren County Planning October 2021
Public Hearing October 20,2021 Adirondack Park Agency ALD
Proiect Description: Applicant proposes a 700 sq.ft.2-car addition and to convert the existing 2-bay garage to one bay and other bay
to be a laundry/bathroom. The garage is to be a total of 1,050 sq.ft. The existing floor area is 5,715 sq.ft.and the new floor area is
6,765 sq.ft. Site plan review for construction of new floor area in a CEA and expansion of nonconforming structure. Relief requested
for setbacks and expansion of a nonconforming structure.
Queensbury Zoning Board of Appeals Agenda
Meeting: October 20, 2021 Time: 7:00- 11:00 pm
Queensbury Activities Center—742 Bay Road
Agenda subject to change and may be found at: vwwv.queensbury.net
Applicant(s) Streck's Inc. Area Variance No. AV 70-2021
Owners Streck's Inc. SE RA Type Type II
Agent(s) Hutchins Engineering PLLC Lot Size 19.36 acres
Location 1903 Ridge Road Zoning SPLIT
Ward No. Ward 1
Tax Id No 253.3-1-32.1 Section 179-3-040
Cross Ref SUB 9-2021;SUB 10-2021;PZ 246-2016 Warren County Planning October 2021
Public Hearing October 20,2021 Adirondack Park Agency ALD
Project Description: Applicant proposes to subdivide a 19.36-acre parcel into two lots as the parcel is naturally divided by Ridge
Road. The west lot is to be 1.59 acres and to maintain the existing home and out-buildings;the east lot is to be 17.77 acres and to
maintain the barn buildings. Lot 1 is in RR-3A zone where lot conditions,(i.e.setbacks)are preexisting.Lot 2 is in RR-5A zone where
lot conditions are existing. No changes to the lots or buildings. Subdivision review for creating two lots. Relief requested for lot size
and lot width,setbacks,and renovating the existing home with no expansion.
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\October 20,2021\ZBA Final Agenda October 20,2021.docx
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 56-2021
Project Applicant: DARK BAY LANE,LLC
Project Location: 40 Dark Bay Lane
Parcel History: SP 48-2021; SEP 298-2021
SEAR Type: Type II
Meeting Date: October 20,2021
Description of Proposed Projects
(Revised)Applicant proposes several renovations to an existing home and to construct an attached garage. The
existing home is 2,067 sq. ft. including a deck. The new footprint is to be 2,658 sq. ft. which 653 sq. ft. is the
new garage footprint. Existing floor area is 2,650 sq. ft. and new floor area is 4,378 sq. ft. The project includes
replacement of existing hard surfacing area for a total of 4,842 sq. ft. The project includes placement of rock
retaining walls, a new well, and a new septic system. The project also includes a new screen porch area, deck
replacement, new raised roof area and new upper level. Site plan for hard surfacing within 50 ft. of the
shoreline and new floor area in a CEA. Revision includes 2 new shoreline buffer planted areas, stone trench
addition to permeable pavers, and dry well near the garage. Relief requested for setbacks, floor area,rain
gardens within 100 ft. of shoreline, and expansion of a non-conforming structure.
Relief Required:
The applicant requests relief for setbacks, floor area, height, rain gardens within 100 ft. of shoreline, and
expansion of a non-conforming structure in the Waterfront Residential zone, WR.
Section 179-3-040, Chapter 147 supplemental minor project
The rebuilt deck is to be located 22.8 ft, from the shoreline and the main house improvements proposed to be
31.3 ft. setback where a 75 ft. setback is required. Screen porch renovations 19.4 ft. and main house
improvements on the other side with a proposed 16.5 ft. setback where a 20 ft. setback is required. Floor area is
proposed to be 4,378 sq. ft. or 22.75%where the maximum allowed is 4,233 sq. ft. or 22%.Rain gardens within
100 ft. of shoreline.
Criteria for considermg,an Area Variance according to Chapter 267 4 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
floor area request; the existing home location may limit the alternatives to the improvements to the shore
side of the home.
3. Whether the requested area variance is substantial. The request for relief may be considered moderate
relevant to the code. The relief requested is for the shoreline 52.2 ft and the home is 43.7 ft, floor area is
0.75% in excess, side setback for the screen porch of 0.6 ft and the house improvement side setback of 3.5
ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated. The project includes new stormwater
management.
S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
There are several upgrades to the home proposed. The north elevation facing the shore—basement area fagade
change, exterior deck reduction to 208 sq ft+/-from 296 sq ft per RPS, improvement of screen porch to 180 sq
ft+/-with deck entry area was about 168 sq ft+/per RPS. The main floor interior is adjusted to include an
expanded kitchen, living area, new laundry area, mudroom entry, main house entry, stairway to new upstairs
area. The west elevation shows the new garage addition,the new living space above,the new living space over
the existing home, the new entry area to the existing home portion. The east elevation shows the new raised roof
area, the new dormer areas and a portion of the covered porch(the covered porch facing the lake), also the new
addition of the garage and living space above roofline. The south elevation shows the new roofline with a
dormer and the roofline of the new attached garage with living space. The orientation of the fireplace appears to
be changed—or may be a new fireplace.
The applicant had provided revisions to the site in regards to the shoreline buffer planted areas, stone trench
addition to permeable pavers, and dry well near the garage. Also included is the draft stormwater maintenance
agreement.
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
TO Rdagans wy
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Dark Bay Lane,LLC
File Number: AV 56-2021
Location: 40 Dark Bay Lane
Tax Map Number: 239.18-1-37
ZBA Meeting Date: August 18, 2021; October 20, 2021
The Zoning Board of Appeals of the Town of Queensbury has;recervedn application from Dark Bay Lane,
LLC. (Revised)Applicant proposes several renovations to,,a existing home and to construct an attached
garage. The existing home is 2,067 sq. ft. including a deck The new footpint is to be 2,658 sq. ft. which 653
sq. ft. is the new garage footprint. Existing floor area is 2;650 sq. ft. and new floor area is 4,378 sq. ft. The
project includes replacement of existing hard surfacing area fora total of 4,842 sq �ft. The project includes
placement of rock retaining walls, a new well, and a new septic system The project also includes a new screen
porch area, deck replacement, new raised roof area and new upper level. Site plan for'hard surfacing within 50
ft. of the shoreline and new floor area in a CEA Revision includ6i2`new shoreline buffer planted areas, stone
trench addition to permeable pavers, and dry well�fiear the garage Relief requested for setbacks,floor area, rain
gardens within 100 ft. of shoreline, and expansion of anon-conforming tructure.
Relief Required:
The applicant requests relieffor'setbacks,floor area,height,rain gardens within 100 ft. of shoreline, and
r,
expansion of a non-conforming structure m�the Waterfr6i&Residential zone, WR.
Section 179 3 040 aT
ef,147 supplemental minor project"`
The rebuilt deck zs to be located 22.8 ft, from the shoreline and the main house improvements proposed to be
31.3 ft. setback where a 75 ft. setback.is required. Screen porch renovations 19.4 ft. and main house
improvements on the other side wit a-,proposed 16.5 ft. setback where a 20 ft. setback is required. Floor area is
proposed to be 4,378 sq eft. or 22.75%Where the,a'ximum allowed is 4,233 sq. ft. or 22%. Rain gardens within
100 ft. of shoreline.
SEQR Type II—no further review.,requir'd;
A public hearing was advertised aril held on Wednesday,August 18, 2021 & Wednesday, October 20, 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 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;
R
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 l DENY AREA VARIANCE
NO. 56-2021, Introduced by ;' ,who moved for rts,adopton, seconded by
Duly adopted this 20"Day of October 202i by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: AV 68-2021
Project Applicant: BRIAN HOGAN
Project Location: 33 Holly Lane
Parcel History: DEMO 669-2021
SEQR Type: Type II
Meeting Date: October 20,2021
Description of Proposed Project:
Applicant proposes to use a 530 sq. ft.portion of existing 1,440 sq. ft. garage for a dwelling unit. The project
includes one bedroom, bathroom, living room area, and kitchen area. The garage portion of the building is to
remain. The project includes demolition of a 634 sq. ft. existing home. There are no other changes to the site
or buildings. Relief requested for a dwelling unit less than 800 sq. ft.
Relief Required:
The applicant requests relief for a dwelling unit less than 800 sq. ft. The project is located in the Waterfront
Residential zone- WR and the parcel is 0.76 acres.
179-5-090-Minimum Floor area for a dwelling;unit
The proposed dwelling unit is to be 530 sq ft where 800 ft is required.
Criteria for considering an Area variance according to Chapter 267 of Town Law:
In making a determination,the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. The project may be
considered to have little to no impact on the neighboring properties as the project includes using a portion of
an existing garage.
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 considered to increase
the existing square footage of the unit to include some of the existing garage space.
3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to
the code. Relief for unit size is 270 sq ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed may be considered
to have minimal to no impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
Staff comments:
The applicant proposes to utilize 530 sq ft of the existing 1,440 sq ft garage as a living unit. The plans show the
floor plan with the living unit area with one bedroom, kitchen, living room area and bathroom;the remainder of
the building is the existing garage.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Toiqkueens
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Brian Hogan
File Number: AV 68-2021
Location: 33 Holly Lane
Tax Map Number: 239.12-2-37
ZBA Meeting Date: October 20, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Brian Hogan.
Applicant proposes to use a 530 sq. ft.portion of existing 1,440=sq. ft garage for a dwelling unit. The project
includes one bedroom,bathroom, living room area, and kitchen area. Thegarage portion of the building is to
remain. The project includes demolition of a 634 sq ,ft."existing home. Thereare no other changes to the site
or buildings. Relief requested for a dwelling unit less"'than 800 sq. ft.
Relief Required:;
The applicant requests relief for a dwelling unit less than 800 sq ft The project is located in the Waterfront
Residential zone- WR and the parcel is 0.76 acres.
Section 179-5-090-Minimum<Floor area>for a dwelling_unit
The proposed dwelling unit is,to`be 530 sq.<ft. where 8Q0 ft is required
SEQR Type II—no further review required"
A public hearing was advertised and held on Wednesday, Oetober 20, 2021.
Upon review applicationinaterals, ,information supplied during the public hearing, and upon
consideration of theeriteria 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 rchange in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is /_is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outwei' ap`rp ovals I 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. 68-2021, Introduced by ,who moved for rts�acloption, seconded by
Duly adopted this 20th Day of October 2021 by the followmgwote
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: AV 69-2021
Project Applicant: MICHAEL & SUSAN KAJDASZ
Project Location: 113 Seelye Road
Parcel History: SP 61-2021; AV 5-2017
SEQR Type: Type II
Meeting Date: October 20,2021
Description of Pr6posed Project:i
Applicant proposes a 700 sq. ft. 2-car addition and to convert the existing 2-bay garage to one bay and other bay
to be a laundry/bathroom. The garage is to be a total of 1,050 sq. ft. The existing floor area is 5,715 sq. ft. and
the new floor area is 6,765 sq. ft. Site plan review for construction of new floor area in a CEA and expansion of
nonconforming structure. Relief requested for setbacks and expansion of a nonconforming structure.
Relief Required:
The applicant requests for construction of an addition needing relief for setbacks and expansion of a
nonconforming structure. The project is located in the Waterfront Residential zone—)AIR and the parcel is 0.96
acres.
Section 179-3-040 dimensional
The addition is to be located 15.1 ft. from the north property line where a 20 ft. setback is required. Relief is
also requested for expansion of a nonconforming structure. The applicant has noted the existing home was
considered compliant when constructed in 1979 and the zoning has since changed.
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 locate the
addition in a more compliant location.
3. Whether the requested area variance is substantial. The relief requested may be considered minimal
relevant to the code. The relief requested is 4.9 ft to the side setback.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to have
minimal impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The proposed addition is for the two bay garage to the existing home. The existing attached garage would be
converted from 2 bays to one bay where the other bay is to become a bathroom and laundry area.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Toi4ofkueens
Area Variance Resolution To: Approve,I,Disapprove
Applicant Name: Michael& Susan Kajdasz
File Number: AV 69-2021
Location: 113 Seelye Road
Tax Map Number: 227.17-1-49
ZBA Meeting Date: October 20, 2021
The Zoning Board of Appeals of the Town of Queensbury has receivedan application from Michael& Susan
Kajdasz. Applicant proposes a 700 sq. ft. 2-car addition and to convert the.existing 2-bay garage to one bay
b and other bay to be a laundry/bathroom. The garage is to e a total of 1,050 sq. ft. The existing floor area is
5,715 sq. ft. and the new floor area is 6,765 sq. ft. Site planreview for construction of new floor area in a CEA
and expansion of nonconforming structure. Relief requested for setbacks and expansion of a nonconforming
structure.
Relief Required
The applicant requests for construction of an addition needing relief for,setbacks and expansion of a
nonconforming structure. The project is locatedin,the Waterfront Residential zone—WR and the parcel is 0.96
acres.
Section 179-3-040 dimensional�
The addition is to be located 15 1ft from the north property line where a 20 ft. setback is required. Relief is
also requested for expansion of a�rionconformnig structure._ The applicant has noted the existing home was
considered compliant when constructed m,1979 '.the zoning has since changed.
SEQR Type II Iurther review required;
A public hearing was advertised and held,on Wednesday, October 20,2021.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified m.Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion'and deliberation,we fmd 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'/DENT' AREA VARIANCE
NO. 69-2021, Introduced by who moved for its adoption, seconded by
Duly adopted this 20th Day of October 2021 by the following vote.
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: AV 70-2021
Project Applicant: STRECK'S INC.
Project Location: 1903 Ridge Road
Parcel History: SUB 9-2021; SUB 10-2021; PZ 246-2016
SEQR Type: Type II
Meeting Date: October 20,2021
Description of Proposed Project:
Applicant proposes to subdivide a 19.36-acre parcel into two lots as the parcel is naturally divided by Ridge
Road. The west lot is to be 1.59 acres and to maintain the existing home and out-buildings;the east lot is to be
17.77 acres and to maintain the barn buildings. Lot 1 is in RR-3A zone where lot conditions, (i.e. setbacks) are
preexisting. Lot 2 is in RR-5A zone where lot conditions are existing. No changes to the lots or buildings.
Subdivision review for creating two lots. Relief requested for lot size and lot width, setbacks, and renovating
the existing home with no expansion.
Relief Required:
The applicant requests relief for a 2 lot subdivision needing relief for lot size and lot width, setbacks, and
renovating the existing home with no expansion. The parcel is in a split zone with a poriton in Rural
Residential 3 acres and the other is Rural Residential 5 acres. The parcel is 19.36 acres.
Section 179-3-040 dimensional
The west lot is Lot 1 at 1.59 acres and is located in the RR3A zone. The project proposes some work on the
existing home but will maintain the existing home footprint and out buildings. Relief is for lot size where 5 ac.
is required; lot width where 400 ft. is required and 234 ft. is proposed; setbacks front is 26.5 ft. where 100 ft.
setback is required; east side is 50 ft. where 75 ft. is required. The east lot is Lot 2 at 17.77 acres and is located
in the RRSA zone. The project will maintain the barn buildings on Lot 2.
Criteria for considering an Area Variance aecording o Chapter 267 of Town Law:'
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. The project may be
considered to have little to no 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 to include some of the
land from lot 2 to be compliant with the 3 acre requirement.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. Relief for Lot 1 is 1.41 ac. The improvements to the existing home are within the footprint where
the front setback relief is 73.5 ft, the east side is 25 ft and lot width is 166 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed may be considered
to have minimal to no impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
Staff comments::
The applicant proposes to subdivide 19.36 acres into two lots. The plans show each lot and the existing
buildings to remain on each parcel.
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
ro4vn
Area Variance Resolution To: Approve 1 Disapprove
Applicant Name: Streck's Inc.
File Number: AV 70-2021
Location: 1903 Ridge Road
Tax Map Number: 253.3-1-32.1
ZBA Meeting Date: October 20, 2021
The Zoning Board of Appeals of the Town of Queensbury has-,received an application from Streck's Inc.
Applicant proposes to subdivide a 19.36-acre parcel into two lots'as the parcel is naturally divided by Ridge
Road. The west lot is to be 1.59 acres and to maintain the existing home arid out-buildings;the east lot is to be
17.77 acres and to maintain the barn buildings. Lot 1 is 7 ,RR-3A zone where lot,conditions, (i.e. setbacks) are
preexisting. Lot 2 is in RR-5A zone where lot conditions are existing. No changes toythe lots or buildings.
Subdivision review for creating two lots. Relief requested for lot size"and lot width,setbacks, and renovating
the existing home with no expansion.
Relief Required:
The applicant requests relief fora 21ot subdivision needing relief for lot size and lot width, setbacks, and
renovating the existing home with no expansion. The parcel is m a plat zone with a poriton in Rural
Residential 3 acres and the other`is Rural.Residential 5,,-acres:, The parcel is 19.36 acres.
Section 179-3-040 dimensional
The west lot is Lot 1 at i 59 acres is and locatedin the RR3A.zone. The project proposes some work on the
existing home but will inaintain.the existing home footprint a id out buildings. Relief is for lot size where 5 ac.
is required; lot,,,,,-width where 400 ft=,is required and 234`-& is proposed; setbacks front is 26.5 ft. where 100 ft.
setback is required,,east side is 50 wher&75�ft. is required. The east lot is Lot 2 at 17.77 acres and is located
in the RR5A zone: ,The project will'maintain the,barn buildings on Lot 2.
SEQR Type II—no furtlier review required;
A public hearing was advertised.and he1d�'on Wednesday, October 20, 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
outw6ikh (approvafi / 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 considerationiis°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 withthis resolution:`,"
BASED ON THE ABOVE FINDINGS I MADE A MOTION TO`'APPROVE l DENY AREA VARIANCE
NO. 70-2021, Introduced by ;who moved for its adoption, seconded b_y
Duly adopted this 2011 Day"of October 2021 by the followmg vote:
AYES:
NOES: