Staff Notes Staff Notes
ZBA
November 17 , 2021
Administrative Items:
Approval of Meeting Minutes October 20, 2021 &
October 27, 2021
Old Business:
AV 67-2021 Steve McDevitt
New Business:
AV 73-2021 Judith Dooley
SV 6-2021 Chris & Jeremy Carte (The Wood Carte)
AV 74-2021 Francis & Erin Steinbach
AV 75-2021 William Mason
SV 7-2021 AJ Signs (for Fowler Square)
Queensbury Zoning Board of Appeals Agenda
Meeting: November 17,2021 Time: 7:00- 11:00 pm
Queensbury Activities Center—742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Administrative Items: Approval of Meeting Minutes for October 20,2021 and October 27,2021
OLD BUSINESS:
Applicant(s) Steve McDevitt Area Variance No. AV 67-2021
Owners Steve McDevitt SEQRA Type Type II
Agent(s) Environmental Design Partner Chris Keil Lot Size 0.26 acres
Location 32 North Lane Zoning WR
Ward No. Ward 1
Tax Id No 226.19-1-58 Section 179-3-040; 179-6-065; 179-13-010
Cross Ref SP 58-2021 Warren County Planning September 2021
Public Hearing September 22, 2021,November 17,2021 Adirondack Park Agency ALD
Proiect Description: (Revised)Applicant proposes a 1 '/2 story addition to an existing home. The first-floor addition is to be a 320 sq.
ft.great room and a 128 sq.ft.screen porch.The existing office space is to be moved upstairs as 448 sq.ft.addition with 266 sq.ft.
living space. The first floor will have laundry area added. A crawl space also to be constructed. Site work includes stormwater. Site
plan for new floor area in a CEA. Relief requested for setbacks,permeability,and floor area.
NEW BUSINESS:
Applicant(s) Judith Dooley Area Variance No. AV 73-2021
Owners Judith Dooley SEQRA ype Type II
Agent(s) n/a Lot Size 0.16 acres
Location 2964 State Route 9L Zoning WR
Ward No. Ward 1
Tax Id No 239.20-1-8 Section 179-3-040; 179-13-010
Cross Ref SP 69-2021 Warren County Planning November 2021
Public Hearing November 17,2021 Adirondack Park Agency ALD
Proiect Description: Applicant proposes a new deck configuration for the upper,main level,landing area facing the shore.The
previous deck system has 305 sq.ft.main floor, 156 sq. ft. landing/deck,and 15 sq.ft.stairs to total 476 sq.ft. Proposed decking will
have 60 sq.ft.upper deck,300 sq. ft.main floor,24.5 sq.ft.landing,and 38 sq.ft. steps to total 422.5 sq.ft. Site plan for expansion of
a non-conforming structure and hard-surfacing within 50 ft. Relief requested for setbacks shoreline and side).
Applicant(s) Chris&Jeremy Carte Sign Variance No. SV 6-2021
Owners Chris Carte SEQRA Type Unlisted
Agent(s) n/a Lot Size 0.54 acres 1063 0.65 acres 1067
Location 1063 State Route 9& 1067 State Route 9 Zoning Cl
Ward No. Ward 2
Tax Id No 296.9-1-3 &296.9-1-5 Section 140
Cross Ref P2007-609;P2005-185;AV 22-2006;SP Warren County Planning November 2021
14-2006;AV 41-1998; SP 41-1998
Public Hearing November 17,2021 Adirondack Park Agency n/a
Proiect Description: Applicant proposes to install one sign structure with two 45 sq.ft.signs on the structure. The sign is being
placed on one parcel(1067 State Route 9). The signs will benefit each existing business at 1063 State Route 9(The Wood Carte)and
1067 State Route 9 The Wood Carte Too!). Relief requested for setbacks and advertisement of adjoining parcel.
Queensbury Zoning Board of Appeals Agenda
Meeting: November 17, 2021 Time: 7:00- 11:00 pm
Queensbury Activities Center—742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Applicant(s) Francis&Erin Steinbach Jr. Area Variance No. AV 74-2021
Owners Francis&Erin Steinbach Jr. SEQRA Type Type II
Agent(s) n/a Lot Size 0.22 acres
Location 211 Assembly Point Road Zoning WR
Ward No. Ward 1
Tax Id No 226.19-2-18 Section 179-3-040; 179-6-065; 179-13-010
Cross Ref SP 70-2021; SP 15-2020; SP 38-1995 Warren County Planning November 2021
Public Hearing November 17,2021 Adirondack Park Agency ALD
Proiect Description: Applicant proposes to raise an existing 1,352 sq.ft.(footprint)home to install a full basement with a footprint of
1,550 sq.ft. The existing rear deck of 444 sq.ft.to be removed and replaced with a 356 sq.ft.deck.The existing front deck of 220 sq.
ft.to be removed and replaced with a 458 sq.ft.deck. The site has approval for 154 sq.ft.addition. The existing floor area of 1,949
sq.ft. is increased to 2,786 sq.ft. Site plan for new floor area in a CEA. Relief for setbacks,permeability,floor area,and expansion of
a nonconforming structure.
Applicant(s) William Mason Area Variance No AV 75-2021
Owner(s) Lisa Paplanus SEQRA Type Type II
Agent(s) William Mason Lot Size 0.05 acres
Location 15 Tuscarora Drive Zoning WR
Ward No. Ward 1
Tax Id No 239.8-1-44 Section 179-3-040; 179-13-010
Cross Ref SP 73-2021 Warren County Planning November 2021
Public Hearin November 17,2021 Adirondack Park Agency ALD
Proiect Description: Applicant proposes a 768 sq.ft.second story addition to an existing 768 sq.ft.home. The project includes a 16
sq.ft.new porch landing entry and a smaller access landing to the existing porch. The home has an existing one bedroom and the
second floor will add 3 more bedrooms. The project includes connection to the Takundewide community septic and water supply from
the lake. Site plan for expansion of non-conforming in a CEA and new floor area in a CEA. Relief requested for setbacks,
permeability,floor area,and expansion of a nonconforming structure.
Applicant(s) AJ Signs for Fowler Square) Sign Variance No. SV 7-2021
Owners Bay Road Development LLC SEQRA Type Unlisted
Agent(s) AJ Signs Lot Size 34.05 acres
Location 719 Bay Road Zoning PUD
Ward No. Ward 2
Tax Id No 289.19-1-27 Section 140
Cross Ref SIGN 606-2021; SIGN 607-2021; SIGN 608-2021 Warren County Planning November 2021
Public Hearing November 17,2021 Adirondack Park Agency n/a
Proiect Description: Applicant proposes to install a 100 sq.ft. freestanding sign on a landscape block wall feature. The block wall is
currently under construction approved during the PUD project review. Project also includes 2 additional freestanding signs at the
entrance areas from Blind Rock Road and Bay Road.Relief requested for size and to have more than two freestanding signs for a
corner 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\November 17,2021\Final Agenda November 17,2021.docx
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 67-2021
Project Applicant: STEVE MCDEVITT
Project Location: 32 North Lane
Parcel History: SP 58-2021
SEAR Type: Type II
Meeting Date: November 17, 2021
Description of Proposed Project:
(Revised)Applicant proposes a 1 '/2 story addition to an existing home. The first-floor addition is to be a 320
sq. ft. great room and a 128 sq. ft. screen porch. The existing office space is to be moved upstairs as 448 sq. ft.
addition with 266 sq. ft. living space. The first floor will have laundry area added. A crawl space also to be
constructed. Site work includes stormwater. Site plan for new floor area in a CEA.
Relief Required:
The applicant requests relief for setbacks, permeability, expansion of a nonconforming structure, and floor area
for the construction of additions to an existing home. The project is located in the Waterfront Residential zone
on a 0.26 ac parcel.
Section 179-3-040 -dimensional
The addition is to be 21 ft from the north side where a 30 ft setback is required. The site permeability is to be
72%where 75% is required. The floor area is to be 30.5%where 22% is the maximum allowed.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered to reduce the
size of the additions. Noting the location of the existing home is not compliant.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code as the additions make it further non-compliant. Relief is requested for north side of 9 ft,
floor area is 8.5% in excess and permeability is 3 % additional hard-surfacing.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project will have minimal to no adverse
effects or impact on the physical or environmental conditions of the neighborhood.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The existing home is a 2,721 sq ft. 1 1/2 story home. The addition is 320 sq ft great room on
the first floor and 128 sq ft enclosed screen porch. The second floor is to have 224 sq ft addition as an office.
The project 428 sq ft basement addition is no longer part of the application; the plan is to install a crawl space.
Zoning Board of Appeals—Record of Resolution
,z
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
loan of Queensbury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Steve McDevitt
File Number: AV 67-2021
Location: 32 North Lane
Tax Map Number: 226.19-1-58
ZBA Meeting Date: September 22, 2021; November 17, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Steve McDevitt.
(Revised)Applicant proposes a 1 1/2 story addition to an existing home. The first-floor addition is to be a 320
sq. ft. great room and a 128 sq. ft. screen porch. The existing office space is to be moved upstairs as 448 sq. ft.
addition with 266 sq. ft. living space. The first floor will have laundry area added. A crawl space also to be
constructed. Site work includes stormwater. Site plan for new floor area in a CEA.
Relief Required:
The applicant requests relief for setbacks,permeability, expansion of a nonconforming structure, and floor area
for the construction of additions to an existing home. The project is located in the Waterfront Residential zone
on a 0.26 ac parcel.
Section 179-3-040 -dimensional
The addition is to be 21 ft. from the north side where a 30 ft. setback is required. The site permeability is to be
72%where 75% is required. The floor area is to be 30.5% where 22% is the maximum allowed.
SEQR Type II—no further review required;
A public hearing was advertised and held on September 22, 2021 &November 17, 2021.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 67-2021, Introduced by ,who moved for its adoption, seconded by
Duly adopted this 17th Day of November 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 73-2021
Project Applicant: JUDITH DOOLEY
Project Location: 2964 State Route 9L
Parcel History: SP 69-2021
SEQR Type: Type II
Meeting Date: November 17,2021
Description of Proposed Project:
Applicant proposes a new deck configuration for the upper, main level, landing area facing the shore. The
previous deck system has 305 sq. ft. main floor, 156 sq. ft. landing/deck, and 15 sq. ft. stairs to total 476 sq. ft.
Proposed decking will have 60 sq. ft. upper deck, 300 sq. ft. main floor, 24.5 sq. ft. landing, and 38 sq. ft. steps
to total 422.5 sq. ft. Site plan for expansion of a non-conforming structure and hard-surfacing within 50 ft.
Relief Required:
The applicant requests relief for setbacks (shoreline and sides) for the construction of new deck areas on the
existing home. The project is located in the Waterfront Residential zone on a 7,304 sq. ft. parcel.
Section 179-3-040 Dimensional
The deck is to be 2 1.1 ft from the shoreline where a 50 ft setback is required. The new deck areas is to be 4.1 ft
to the north property line and 10.3 ft to the south property line where a 20 ft setback is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood character may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered to reduce the
deck size.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief for setback is 28.9 ft. to the shoreline, 7.9 ft. to the north and 1.7 ft. to the south
property line.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes construction of a new deck system to the existing home. There is an
upper level deck that is to be replaced and a lower level deck to be replaced that is to be the main deck. There is
a smaller deck area to be removed and replaced with a landing and new stairs to the ground. The plans show
the deck locations and elevations of the deck appearance.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of Queensbury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Judith Dooley
File Number: AV 73-2021
Location: 2964 State Route 9L
Tax Map Number: 239.20-1-8
ZBA Meeting Date: November 17, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Judith Dooley.
Applicant proposes a new deck configuration for the upper,main level, landing area facing the shore. The
previous deck system has 305 sq. ft. main floor, 156 sq. ft. landing/deck, and 15 sq. ft. stairs to total 476 sq. ft.
Proposed decking will have 60 sq. ft. upper deck, 300 sq. ft. main floor, 24.5 sq. ft. landing, and 38 sq. ft. steps
to total 422.5 sq. ft. Site plan for expansion of a non-conforming structure and hard-surfacing within 50 ft.
Relief Required:
The applicant requests relief for setbacks (shoreline & sides) for the construction of new deck areas on the
existing home. The project is located in the Waterfront Residential zone on a 7,304 sq. ft. parcel.
Section 179-3-040 Dimensional
The deck is to be 21.1 ft. from the shoreline where a 50 ft. setback is required. The new deck area is to be 4.1 ft.
to the north property line and 10.3 ft. to the south property line where a 20 ft. setback is required.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,November 17, 2021.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 73-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 17th Day of November 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Sign Variance No.: 6-2021
Project Applicant: CHRIS&JEREMY CARTE
Project Location: 1063 State Route 9& 1067 State Route 9
Parcel History: P2007-609; P2005-185; AV 22-2006; SP 14-2006; AV 41-1998; SP 41-1998
SEQR Type: Unlisted
Meeting Date: November 17,2021
Description of Proposed Project:
Applicant proposes to install one sign structure with two 45 sq. ft. signs on the structure. The sign is being
placed on one parcel (1067 State Route 9). The signs will benefit each existing business at 1063 State Route 9
(TheWood Carte) and 1067 State Route 9 (The Wood Carte Too!).
Relief Required:
The applicant requests relief for setbacks and advertisement of adjoining parcel for a new sign. The site is
located in the Commercial Intensive zone on a 0.66 acre parcel.
Section 140 signs
The sign is to be located 11.1 ft to the front property line and 4 ft to the side property line where a 15 ft setback
is required. Relief is also requested to advertise 1063 State Route 9 on the site of 1067 State Route 9.
Criteria for considering a Sign Variance according to Chapter 140 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 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 locate the sign
further from the property lines.
3. Whether the requested sign variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief is requested for setbacks: 3.9 ft to the front setback and 11 ft. to the south side
setback. Relief requested for advertising on the adjacent parcel; the applicant has indicated only one sign
structure is proposed.
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.
Staff comments:
The applicant proposes to remove an existing sign structure and sign at 1063 State Route 9 to construct a new
sign structure with two 45 sq ft signs. The signs would advertise the following: The Wood Carte and The Wood
Carte Too! The plans show the location of the sign structure and the signs.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238
7bim of Ctueensbur}
Sign Variance Resolution To: Approve/Disapprove
Applicant Name: Chris & Jeremy Carte (The Wood Carte)
File Number: SV 6-2021
Location: 1063 State Route 9 & 1067 State Route 9
Tax Map Number: 296.9-1-3 & 296.9-1-5
ZBA Meeting Date: November 17, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Chris &
Jeremy Carte(for The Wood Carte). Applicant proposes to install one sign structure with two 45 sq. ft.
signs on the structure. The sign is being placed on one parcel (1067 State Route 9). The signs will benefit
each existing business at 1063 State Route 9 (The Wood Carte) and 1067 State Route 9 (The Wood Carte
Too!).
Relief Required:
The applicant requests relief for setbacks and advertisement of adjoining parcel for a new sign. The site is
located in the Commercial Intensive zone on a 0.66 acre parcel.
Section 140 signs
The sign is to be located 11.1 ft. to the front property line and 4 ft. to the side property line where a 15 ft.
setback is required. Relief is also requested to advertise 1063 State Route 9 on the site of 1067 State
Route 9.
SEQR Type: Unlisted [Resolution/Action Required for SEQR]
Motion regarding Sign Variance No. 6-2021. Applicant Name: Chris &Jeremy Carte (The Wood
Carte), based upon the information and the analysis of the above supporting documentation
provided by the applicant,this Board finds that this will/will not result in any significant adverse
environmental impact. So we give it a Positive/Negative Declaration, Introduced by
who moved for its adoption, seconded by
Duly adopted this 17th Day of November 2021, by the following vote:
AYES:
NOES:
A public hearing was advertised and held on Wednesday,November 17, 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? INSERT RESPONSE
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
pursue, other than a sign variance? INSERT RESPONSE
3. Is the requested sign variance substantial? INSERT RESPONSE
4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions
in the neighborhood or district? INSERT RESPONSE
5. Is the alleged difficulty self-created? INSERT RESPONSE
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 fords that the variance request under consideration is the minimum necessary;
Based on the above findings I make a MOTION TO APPROVE/DENY Sign Variance SV 6-2021,
Chris &Jeremy Carte, Introduced by , who moved for its adoption,seconded by
As per the resolution prepared by staff with the following:
A. An As-Built survey be provided.
B. The variance approval is valid for one(1)year from the date of approval; you may request an
extension of approval before the one (1)year time frame expires;
C. If the property is located within the Adirondack Park, the approved variance is subject to review by
the Adirondack Park Agency(APA). The applicant is cautioned against taking any action until the
APA's review is completed;
D. Final approved plans in compliance with an approved variance must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building& codes
personnel'
E. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final
plans;
F. Upon approval of the application;review and approval of final plans by the Community Development
Department the applicant can apply for a sign permit unless the proposed project requires review,
approval, or permit from the Town Planning Board and/or the Adirondack Park Agency,Lake George
Park Commission or other State agency or department.
Duly adopted this 17th Day of November 2021, by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 74-2021
Project Applicant: FRANCIS &ERIN STEINBACH
Project Location: 211 Assembly Point Drive
Parcel History: SP 70-2021; SP 15-2020; SP 38-1995
SEAR Type: Type II
Meeting Date: November 17,2021
Description of Proposed Project:
Applicant proposes to raise an existing 1,352 sq. ft. (footprint)home to install a full basement with a footprint
of 1,550 sq. ft. The existing rear deck of 444 sq. ft.to be removed and replaced with a 356 sq. ft. deck. The
existing front deck of 220 sq. ft. to be removed and replaced with a 458 sq. ft. deck. The site has approval for
154 sq. ft. addition. The existing floor area of 1,949 sq. ft. is increased to 2,786 sq. ft. Site plan for new floor
area in a CEA.
Relief Required:
The applicant requests relief for setbacks,permeability, floor area, and expansion of a nonconforming structure
for construction of a basement area and deck areas. The project is located in the Waterfront Residential zone on
a 9,138 sq. ft. parcel.
Section 179-3-040 dimensional requirements
The front deck is to be 7 ft. 10 inches where a 30 ft. setback is required, 3.2 ft. to the south property line and 2.4
ft. to the north property line where a 20 ft. setback is required. The proposed permeability is to be 67% where
75% is required. The floor area is to be 30.5% (2,786 sq. ft.)where 22% is maximum allowed(2010.36 sq ft)
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered to reduce the
relief requested.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate to
substantial relevant to the code. Relief for the front deck 22 ft 2 inches, south side is 16.8 ft and the north
side is 17.6 ft. Permeability is 8%more hard surfacing than allowed. Floor area is 8.5%more than allowed.
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 applicant proposes alterations to an existing home where the home is to be lifted to install garage/storage
area underneath the home to convert a crawl space to a basement. Relief is requested for three sides of the home
as there are new foundation walls. The decks proposed to the rear and the front of the home will also need
setback relief. The plans show the location the decks and the new basement area. The project includes new
entry steps that are to have stormwater infiltration as part of the design.
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of Queensbui3,
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Francis &Erin Steinbach Jr.
File Number: AV 74-2021
Location: 211 Assembly Point Rd.
Tax Map Number: 226.19-2-18
ZBA Meeting Date: November 17, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Francis & Erin
Steinbach,Jr. Applicant proposes to raise an existing 1,352 sq. ft. (footprint)home to install a full basement
with a footprint of 1,550 sq. ft. The existing rear deck of 444 sq. ft.to be removed and replaced with a 356 sq. ft.
deck. The existing front deck of 220 sq. ft. to be removed and replaced with a 458 sq. ft. deck. The site has
approval for 154 sq. ft. addition. The existing floor area of 1,949 sq. ft. is increased to 2,786 sq. ft. Site plan for
new floor area in a CEA.
Relief Required:
The applicant requests relief for setbacks, permeability, floor area, and expansion of a nonconforming structure
for construction of a basement area and deck areas. The project is located in the Waterfront Residential zone on
a 9,138 sq. ft. parcel.
Section 179-3-040 dimensional requirements
The front deck is to be 7 ft. 10 inches where a 30 ft. setback is required, 3.2 ft. to the south property line and 2.4
ft. to the north property line where a 20 ft. setback is required. The proposed permeability is to be 67%where
75% is required. The floor area is to be 30.5% (2,786 sq. ft.)where 22% is maximum allowed(2010.36 sq ft).
SEQR Type II-no further review required;
A public hearing was advertised and held on Wednesday,November 17, 2021.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation,we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 74-2021, Introduced by ,who moved for its adoption, seconded by
Duly adopted this 17th Day of November 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 75-2021
Project Applicant: WILLIAM MASON/Lisa Paplanus
Project Location: 15 Tuscarora Drive
Parcel History: SP 73-2021
SEQR Type: Type II
Meeting Date: November 17,2021
Description of Proposed Project:
Applicant proposes a 768 sq. ft. second story addition to an existing 768 sq. ft. home. The project includes a 16
sq. ft. new porch landing entry and a smaller access landing to the existing porch. The home has an existing one
bedroom and the second floor will add 3 more bedrooms. The project includes connection to the Takundewide
community septic and water supply from the lake. Site plan for expansion of non-conforming in a CEA and
new floor area in a CEA.
Relief Required:
The applicant requests relief for setbacks,permeability, floor area, and expansion of a nonconforming structure
for constructing a second floor. The site is located in the Waterfront Residential zone on a 2,288 sq. ft. parcel.
Section 179-3-040 dimensional requirement
The addition is to be 10 ft. from the proeprty line where a 15 ft. setback is required. The entry deck is to be 6 ft.
from the property line where a 15 ft. setback is required. In addition, relief is requested for permeability where
66 % is proposed and 75% is required. Floor area is proposed to be 67%based on the lot size where 22% is the
maximum allowed.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance.Minor 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 appear limited due to the existing
lot size.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate to
substantial relevant to the code. The relief for the entryway is 9 ft. the remaining property lines are 10 ft.
The permeability relief is in excess 9 % and the floor area is in excess of 45%. In regard to the Floor area,
the applicant has explained that the parcel is part of an existing HOA where a majority of the 18.7 acres are
common area for the association members. In addition, the master plan indicates the 18.7 acres are to be
considered during the request for a house expansion with the HOA.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor impacts on the physical or
environmental conditions in the neighborhood may be anticipated.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes a 2nd story addition of 768 sq. ft. and two entry landings. The project occurs in the
Takundewide cottage development off of Cleverdale Rd. In 2003 the Planning Board adopted an MOU with
Takundewide HOA outlining activities for future development. The project is similar to other cottages on the
site where the increase floor area is the proposed 2❑d floor mirroring the style of the other housing. The
submission includes renditions of the proposed home with the existing roofline shown on the plans. The floor
plans of the existing interior arrangement are provided.
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of Queens
Area Variance Resolution To: Approve/Disapprove
Applicant Name: William Mason
File Number: AV 75-2021
Location: 15 Tuscarora Drive
Tax Map Number: 239.8-1-44
ZBA Meeting Date: November 17, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from William Mason.
Applicant proposes a 768 sq. ft. second story addition to an existing 768 sq. ft. home. The project includes a 16
sq. ft. new porch landing entry and a smaller access landing to the existing porch. The home has an existing one
bedroom and the second floor will add 3 more bedrooms. The project includes connection to the Takundewide
community septic and water supply from the lake. Site plan for expansion of non-conforming in a CEA and new
floor area in a CEA.
Relief Required:
The applicant requests relief for setbacks,permeability, floor area, and expansion of a nonconforming structure
for constructing a second floor. The site is located in the Waterfront Residential zone on a 2,288 sq. ft. parcel.
Section 179-3-040 dimensional requirement
The addition is to be 10 ft. from the proeprty line where a 15 ft. setback is required. The entry deck is to be 6 ft.
from the property line where a 15 ft. setback is required.In addition,relief is requested for permeability where
66 % is proposed and 75% is required. Floor area is proposed to be 67%based on the lot size where 22% is the
maximum allowed.
SEQR Type II-no further review required;
A public hearing was advertised and held on Wednesday,November 17, 2021.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation,we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is/is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 75-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 17th Day of November 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Sign Variance No.: 7-2021
Project Applicant: AJ SIGNS(FOR FOWLER SQUARE)
Project Location: 79 Bay Road
Parcel History:SIGN 606-2021; SIGN 607-2021; SIGN 608-2021
SEQR Type: Unlisted
Meeting Date: November 17,2021
Description of Proposed Project:
Applicant proposes to install a 100 sq. ft. freestanding sign on a landscape block wall feature. The block wall is currently
under construction approved during the PUD project review. Project also includes 2 additional freestanding signs at the
entrance areas from Blind Rock Road and Bay Road.
Relief Required:
The applicant requests relief for size and to have more than two freestanding signs for a corner lot. The site is located in a
Planned Unit Development for Fowler Square on a 34.05 +/-acres.
Section 140 Signs
The sign is to be 100 sq. ft.where a 45 sq. ft. sign is the maximum. Relief is also requested to have three free standing
signage where only two are allowed for a corner lot.
Criteria for considering a Sign Variance according to Chapter 140 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 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 and size requested.
3. Whether the requested sign variance is substantial. The relief requested may be considered substantial
relevant to the code. Relief requested to have 1 additional free standing sign. Also, requested to have a sign
55 sq ft in excess of maximum allowed. The applicant has indicated the sign is built into the approved
landscaping feature—stone wall.
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.
Staff comments:
The applicant proposes to install a 100 sq ft sign on the landscape stonewall. The stonewall is to be lit under the
wall cap for the entire length. The sign placement is on the Blind Rock Road side of the property. The plans
show the location of the sign and the detail of the sign.
Zoning Board of Appeals—Record of Resolution
i
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238
M.
"Ibim of Queensbuuy
Sign Variance Resolution To: Approve/Disapprove
Applicant Name: AJ Signs (for Fowler Square)
File Number: SV 7-2021
Location: 719 Bay Road
Tax Map Number: 289.19-1-27
ZBA Meeting Date: November 17, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from AJ Signs (for
Fowler Square). Applicant proposes to install a 100 sq. ft. freestanding sign on a landscape block wall
feature. The block wall is currently under construction approved during the PUD project review. Project
also includes 2 additional freestanding signs at the entrance areas from Blind Rock Road and Bay Road. t.
Relief Required:
The applicant requests relief for size and to have more than two freestanding signs for a corner lot. The
site is located in a Planned Unit Development for Fowler Square on a 34.05 +/- acres.
Section 140 Signs
The sign is to be 100 sq. ft.where a 45 sq. ft. sign is the maximum. Relief is also requested to have three
free standing signage where only two are allowed for a corner lot.
SEQR Type: Unlisted [Resolution/Action Required for SEQR]
Motion regarding Sign Variance No. 7-2021. Applicant Name: AJ Signs (for Fowler Square), based
upon the information and the analysis of the above supporting documentation provided by the
applicant, this Board finds that this will/will not result in any significant adverse environmental
impact. So we give it a Positive/Negative Declaration,Introduced by who
moved for its adoption,seconded by
Duly adopted this 17th Day of November 2021, by the following vote:
AYES:
NOES:
A public hearing was advertised and held on Wednesday,November 17, 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? INSERT RESPONSE
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
pursue, other than a sign variance? INSERT RESPONSE
3. Is the requested sign variance substantial? INSERT RESPONSE
4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions
in the neighborhood or district? INSERT RESPONSE
5. Is the alleged difficulty self-created? INSERT RESPONSE
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;
Based on the above findings I make a MOTION TO APPROVE/DENY Sign Variance SV 7-2021, AJ
Signs, Introduced by ,who moved for its adoption, seconded by
As per the resolution prepared by staff with the following
A. An As-Built survey be provided;
B. The variance approval is valid for one (1)year from the date of approval; you may request an
extension of approval before theone (1)year time frame expires;
C. If the property is located within the Adirondack Park,the approved variance is subject to review by
the Adirondack Park Agency (APA)'. The applicant is cautioned against taking any action until the
APA's review is completed;
D. Final approved plans in compliance with an approved variance must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building & codes
personnel'
E. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final
plans;
F. Upon approval of the application;review and approval of final plans by the Community Development
Department the applicant can apply for a sign permit unless the proposed project requires review,
approval, or permit from the Town Planning Board and/or the Adirondack Park Agency,Lake George
Park Commission or other State agency or department.
Duly adopted this 17th Day of November 2021, by the following vote:
AYES:
NOES: