Staff Notes Staff Notes
ZBA
December 15 , 2021
Administrative Items:
Approval of Meeting Minutes November 17, 2021
Table AV 62-2021 (Civitella) to January 19, 2022
(with new information to be submitted by December 15, 2021)
Old Business:
AV 57-2021 Brett & Pamela West (Main House)
AV 5 8-2021 Brett & Pamela West (Guest House)
New Business:
AV 76-2021 Marc Awad
AV 77-2021 Justin Mootz
AV 78-2021 Albert Gjonbalaj
AV 79-2021 Frank Sinatra
Queensbury Zoning Board of Appeals Agenda
Meeting: December 15, 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 November 17,2021
Table AV 62-2021 (Civitella)to January 19,2022 with new information submitted by Dec.15,2021
OLD BUSINESS:
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; October 27, 2021; Adirondack Park Agency ALD
December 15,2021
Proiect Description: (Revised 1112212021)Applicant proposes to demo existing home plus shed and construct a new home with a
5,004 sq.ft.footprint with a garage.Also included is installation of 1,649 sq.ft.of permeable patio area,a covered walkway between
the two properties,and construction of a 500 sq.ft.barn.The new floor area will be 8,764 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 includes a lot line adjustment but no change to lot size.Site plan for new
floor area in a CEA and hard surfacing within 50 ft.of the shoreline.Relief requested for setbacks,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;DEMO Warren County Planning August 2021
803-2019;PT 802-2019;AV 52-2009;SP 54-2009
Public Hearing September 29, 2021; October 27, 2021; Adirondack Park Agency ALD
December 15,2021
Proiect Description: (Revised 1010412021—no revision for Dec.)Applicant proposes construction of a new home with 3,437 sq. ft.
floor area and 2,250 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 and installation of permeable paver areas. Site work includes stormwater management with a
rain garden,new site plantings,new septic,and new line for drinking water.Project includes a lot line adjustment but no change to lot
size. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks,floor area,
and access from adjoining lot.
Queensbury Zoning Board of Appeals Agenda
Meeting: December 15, 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
NEW BUSINESS:
Applicant(s) Marc Awad Area Variance No. AV 76-2021
Owners Mary Ann Awad --.SEQRAT e TypeII
Agent(s) Jason Peterson Lot Size 6.72 acres
Location 936 State Route 149 Zoning MDR
Ward No. Ward 1
Tax Id No 279.-1-52 Section 179-3-040; 179-19-020; 183
Cross Ref SUB 11-2021;SUB 12-2021 Warren County Planning December 2021
Public Hearing December 15,2021 Adirondack Park Agency ALD
Proiect Description: Applicant proposes a two-lot subdivision of a 6.72 acre parcel.One lot with the existing residence is to be 2.04
ac.and the second lot of 4.68 ac. is to be sold.No site work proposed at this time. Subdivision for two lots in the MDR zone.Relief
requested for lot width.
Applicant(s) Justin Mootz Area Variance No. AV 77-2021
Owner(s) Justin Mootz SEQRA Type Type I1
Age t s Van Dusen&Steves Lot Size 1.55 acres
Location 15 Brookfield Run Zoning MDR
Ward No. Ward 1
Tax Id No 290.-1-69 Section 179-3-040; 179-5-020
Cross Ref P20010313;P20050292 Warren County Planning n/a
Public Hearing December 15,2021 Adirondack Park Agency n/a
Proiect Description: Applicant proposes to construct a two-bay 1,024 sq.ft.detached garage.The project includes removal of 160 sq.
ft. shed and removal of 313 sq.ft.hard-surfacing.Relief requested for second garage.
Applicant(s) Albert Gjonbala' Area Variance No. AV 78-2021
Owner(s) 177 Glen Lake Road LLC SEQRA Type Type II
Age t s Albert G'onbala' Lot Size 0.52 acres
Location 177 Glen Lake Road Zoning RR-3A
Ward No. Ward 1
Tax Id No 288.16-1-88 Section 179-3-040
Cross Ref RC 424-2020 Warren County Planning n/a
Public Hearing December 15,2021 Adirondack Park Agency n/a
Proiect Description: Applicant proposes to complete dormer addition on the second floor of an existing home.The existing home is
2,435 sq. ft.footprint.Interior renovations are proposed for the existing basement,first floor,and second floor.The second floor has
the dormer that is to be completed and the deck to be removed.The project also includes site improvements with a new pool,patio
area,and new driveway area.Relief requested for setbacks.
Queensbury Zoning Board of Appeals Agenda
Meeting: December 15,2021 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) Frank Sinatra Area Variance No. AV 79-2021
Owners Frank Sinatra SEQRA Type Type I1
Agent(s) Environmental Design Partners Lot Size 0.21 acres
Location 105 Rockhurst Rd. Zoning WR
Ward No. Ward 1
Tax Id No 227.9-1-4 Section 179-3-040; 179-4-080; 179-6-060
Cross Ref SP 75-2021; SEP 618-2021 Warren County Planning December 2021
Public Hearing December 15,2021 Adirondack Park Agency ALD
Proiect Description: Applicant proposes demolition of an existing 1,562 sq.ft.footprint home and to construct a 1,553 sq,ft,footprint
home with a floor area of 2,338 sq.ft. The new home has 3 levels foundation area,first floor,and second floor. Site plan for new floor
area in a CEA,new hard surfacing within 50 ft.of shoreline,and construction of new building within 50 ft. of 15%slopes. Relief
requested for setbacks and floor area.
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\December 15,2021\Final ZBA Agenda December 15,2021.docx
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
SEQR Type: Type II
Meeting Date: December 15, 2021
Description of Proposed Project:
(Revised 11/22/2021)Applicant proposes to demo existing home plus shed and construct a new home with a
5,004 sq. ft. footprint with a garage. Also included is installation of 1,649 sq. ft. of permeable patio area, a
covered walkway between the two properties, and construction of a 500 sq. ft. barn. The new floor area will be
8,764 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 includes a lot line adjustment but no change to lot size. Site plan for new floor area
in a CEA and hard surfacing within 50 ft. of the shoreline.
Relief Required:
The applicant requests relief for construction of a new home, barn and associated site work needing relief for
setbacks,permeability, height, second garage, and floor area for a new home and associated accessory
buildings. Project is in the Waterfront Residential zone—WR. Parcel is 0.91 acres.
Section 179-3-040 dimensional, 179-5-020 sheds, garages
Revised December 2021. The new home is to be located 37.5 ft. to the east shoreline, 34 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. Relief is also requested for floor area where 8764 sq. ft.
22.2% is proposed and 8,687 sq. ft. 22% is allowed. Permeability 77.9% is proposed where 75% is required-
noting no permeability relief is requested.
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. The feasible alternatives may be possible to reduce the
overall size of the home and shed.
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 of 12.5 ft, west shoreline 16 ft. The
covered walkway 20 ft. Relief for an additional garage. Relief for floor area is 0.2 % in excess.No
permeability relief is requested.
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.
Staff comments:
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-cochere, 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. The plans also show
a lot line adjustment with the adjoining parcel where no changes to lot size occur for either parcel.
Zoning Board of Appeals
Community Development Department Staff Notes
r ` Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
limn of 0yeensbuty
Area Variance Resolution To: Approve/Disapprove
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; October 27, 2021; December 15, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Brett& Pamela
West. (Revised 1112212021)Applicant proposes to demo existing home plus shed and construct a new home
with a 5,004 sq. ft. footprint with a garage. Also included is installation of 1,649 sq. ft. of permeable patio area,
a covered walkway between the two properties, and construction of a 500 sq. ft. barn. The new floor area will
be 8,764 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 includes a lot line adjustment but no change to lot size. Site plan for new floor area
in a CEA and hard surfacing within 50 ft. of the shoreline.Relief requested for setbacks, additional garage, and
floor area.
Relief Required:
The applicant requests relief for construction of a new home,barn and associated site work needing relief for
setbacks,permeability,height, second garage, and floor area for a new home and associated accessory
buildings. Project is in the Waterfront Residential zone-WR. Parcel is 0.91 acres.
Section 179-3-040 dimensional, 179-5-020 sheds, ages
Revised December 2021. The new home is to be located 37.5 ft. to the east shoreline, 34 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. Relief is also requested for floor area where 8764 sq. ft.
22.2% is proposed and 8,687 sq. ft. 22% is allowed.Permeability 77.9% is proposed where 75%is required-
noting no permeability relief is requested.
SEQR Type II—no further review required;
A public hearing was advertised and held on September 29,2021, October 27, 2021, &December 15, 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. 57-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 15th Day of December 2021 by the following 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 54-20.09
SEQR Type: Type II
Meeting Date: December 15, 2021
Description of Proposed Project:
(Revised 10/04/2021 —no revision for Dec.)Applicant proposes construction of a new home with 3,437 sq. ft.
floor area and 2,250 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 and installation of permeable paver areas. Site
work includes stormwater management with a rain garden, new site plantings,new septic, and new line for
drinking water. Project includes a lot line adjustment but no change to lot size. Site plan for new floor area in a
CEA and hard surfacing within 50 ft of the shoreline.
Relief Required:
The applicant requests relief for construction of a new home and associated site work needing 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 10 ft. from the east property line where a 20 ft. setback is required. Note—the East property line has been
adjusted to accommodate a setback with no changes to the lot size. Relief is also requested for floor area where
3,437 sq. ft. 23.5% is proposed and 3,212 sq. ft. 22% is allowed. Relief is also requested to access the parcel
from the adjoining lot and not the lot the project is on. Permeability is proposed at 78.5%and 75% is required
—noting no permeability relief is requested.
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. 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 east property line relief is 10
ft. Relief for floor area is 1.5% in excess. 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.
S. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes the new home to be constructed is 2,250 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 3,437 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
Toxin of Quecnsbut},
Area Variance Resolution To: Approve/Disapprove
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; October 27, 2021; December 15, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Brett& Pamela
West. (Revised 1010412021 —no revision for Dec.)Applicant proposes construction of a new home with 3,437
sq. ft. floor area and 2,250 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 and installation of permeable paver areas.
Site work includes stormwater management with a rain garden, new site plantings,new septic, and new line for
drinking water. Project includes a lot line adjustment but no change to lot size. Site plan for new floor area in a
CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks, floor area, and access from
adjoining lot.
Relief Required:
The applicant requests relief for construction of a new home and associated site work needing 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 10 ft. from the east property line where a 20 ft. setback is required.Note—the East property line has been
adjusted to accommodate a setback with no changes to the lot size. Relief is also requested for floor area where
3,437 sq. ft. 23.5%is proposed and 3,212 sq. ft. 22% is allowed. Relief is also requested to access the parcel
from the adjoining lot and not the lot the project is on. Permeability is proposed at 78.5%and 75% is required
—noting no permeability relief is requested.
SEQR Type II—no further review required;
A public hearing was advertised and held on September 29,2021, October 27, 2021, &December 15, 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. 58-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 15th Day of December 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: AV 76-2021
Project Applicant: MARC AWAD
Project Location: 936 State Route 149
Parcel History: SUB 11-2021; SUB 12-2021
SEQR Type: Type II
Meeting Date: December 15, 2021
Description of Proposed Project]-
Applicant proposes a two-lot subdivision of a 6.72 acre parcel. One lot with the existing residence is to be 2.04
ac. and the second lot of 4.68 ac. is to be sold.No site work proposed at this time. Subdivision for two lots in
the MDR zone. Relief for lot width,road frontage and access.
Relief Required:
The applicant requests relief for lot width, road frontage and access to the adjoing lot. The parcel is located in
the MDR zone as a 6.72 ac parcel.
Section 179-3-040 dimensional, 179-4-050 Frontage
The proposed two lot subdivision has less than 200 ft average lot width for the one lot and less than 100 ft of
road frontage for the proposed lot. Relief for physical access is requested as the applicant intends to use the
existing driveway to access the new lot as described in the narrative.
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. The feasible alternatives may be limited due to the Lot
shape. The applicant could consider a shared driveway over both property lines.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The road frontage relief is 100 ft and the lot width is less than 200 ft. Relief requested for physical
access to the new lot.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed may be considered
to have minimal impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
Staff comments:
The applicant proposes a two lot subdivision where lot 1 is to be 2.04 ac and will maintain an existing home.
Then lot 2 is to be 4.68 acres and is to be developed for a single family house when the lot sells.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
"!"otvn of Quecnsbury
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Marc Awad
File Number: AV 76-2021
Location: 936 State Route 149
Tax Map Number: 279.-1-52
ZBA Meeting Date: December 15, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Marc Awad.
Applicant proposes a two-lot subdivision of a 6.72 acre parcel. One lot with the existing residence is to be 2.04
ac. and the second lot of 4.68 ac. is to be sold.No site work proposed at this time. Subdivision for two lots in
the MDR zone. Relief requested for lot width,road frontage, and access.
Relief Required:
The applicant requests relief for lot width, road frontage and access to the adjoing lot. The parcel is located in
the MDR zone as a 6.72 ac parcel.
Section 179-3-040 dimensional, 179-4-050 Frontaize
The proposed two lot subdivision has less than 200 ft. average lot width for the one lot and less than 100 ft. of
road frontage for the proposed lot. Relief for physical access is requested as the applicant intends to use the
existing driveway to access the new lot as described in the narrative.
SEQR Type H—no further review required;
A public hearing was advertised and held on Wednesday,December 15, 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 fords 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. 76-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 15th Day of December 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: AV 77-2021
Project Applicant: JUSTIN MOOTZ
Project Location: 15 Brookfield Run
Parcel History: P20010313; P20050292
SEQR Type: Type II
Meeting Date: December 15,2021
Description of Proposed Project:
Applicant proposes to construct a two-bay 1,024 sq. ft. detached garage. The project includes removal of 160
sq. ft. shed and removal of 313 sq. ft. hard-surfacing.
Relief Required:
The applicant requests relief for second garage to be 1,024 sq. ft. The parcel is 1.55 ac in the MDR zone;
subdivision 11-1987 Brookfield Estates Phase II SR20.
Section 179-5-020 garage
The applicant has an existing garage with existing home and proposes a second garage.
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 for an addition
to the existing home; however may trigger other variances.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
as only one garage is permitted per parcel.
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 requests to construct a second garage. The plans show the garage meets all setbacks. The garage
is to be a bit over 21 ft. The floor plan is open floor plan on the first floor then a stairs for a 434 sq ft storage
space.No other changes to the site are proposed.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
bwn of 2Cfn5buly
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Justin Mootz
File Number: AV 77-2021
Location: 15 Brookfield Run
Tax Map Number: 290.-1-69
ZBA Meeting Date: December 15, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Justin Mootz.
Applicant proposes to construct a two-bay 1,024 sq. ft. detached garage. The project includes removal of 160
sq. ft. shed and removal of 313 sq. ft. hard-surfacing. Relief requested for second garage.
Relief Required:
The applicant requests relief for second garage to be 1,024 sq. ft. The parcel is 1.55 ac in the MDR zone;
subdivision 11-1987 Brookfield Estates Phase II SR20.
Section 179-5-020 garage
The applicant has an existing garage with existing home and proposes a second garage.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,December 15, 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. 77-2021, Introduced by ,who moved for its adoption, seconded by
Duly adopted this 15th Day of December 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: AV 78-2021
Project Applicant: ALBERT GJONBALAJ
Project Location: 177 Glen Lake Road
Parcel History: RC 424-2020
SEQR Type: Type II
Meeting Date: December 15, 2021
Description of Proposed Project:
Applicant proposes to complete dormer addition on the second floor of an existing home. The existing home is 2,435
sq. ft. footprint. Interior renovations are proposed for the existing basement, first floor, and second floor.The second
floor has the dormer that is to be completed and the deck to be removed.Applicant seeks approval for previously
constructed dormer. The project also includes site improvements with a new pool,patio area,and new driveway area.
Relief Required:
The applicant requests relief for setbacks for partial construction of dormer areas on the second floor of an existing
home. The parcel is 0.52 ac and located in the RR3A zone.
Section 179-3-040 dimensional
The 295 sq. ft. dormer addition that is to be completed is 43.8 ft. from the southwest property line where a 75 ft.
setback is required. Then 90.9 ft. from the rear property line and 56 ft.to the front property line where 100 ft.
setback is required. The applicant was informed the dormer under construction needed a variance, the applicant
stopped work on the dormer to complete the necessary variance forms to seek relief.
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 limited due to the location home and
the zone the home is located in.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code.
Relief is 31.2 ft for the southwest property line,9.1 ft to the rear property line and 44 ft to the front 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. The project as proposed may be considered to have minimal to no
impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant requests to complete a dormer project on an existing home. The project includes the removal
deck on the second floor to finish the dormer. The plans show the dormer and other work on the site.
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
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'rOK71 OF(Z1eensbu1),
Area Variance Resolution To: Approve/Disapprove
Applicant Name: Albert Gjonbalaj
File Number: AV 78-2021
Location: 177 Glen Lake Road
Tax Map Number: 288.16-1-88
ZBA Meeting Date: December 15, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Albert Gjonbalaj.
Applicant proposes to complete dormer addition on the second floor of an existing home. The existing home is
2,435 sq. ft. footprint. Interior renovations are proposed for the existing basement, first floor, and second floor.
The second floor has the dormer that is to be completed and the deck to be removed. Applicant seeks approval
for previously constructed dormer. The project also includes site improvements with a new pool,patio area, and
new driveway area. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks for partial construction of dormer areas on the second floor of an
existing home. The parcel is 0.52 ac and located in the RR3A zone.
Section 179-3-040 dimensional
The 295 sq. ft. dormer addition that is to be completed is 43.8 ft. from the southwest property line where a 75 ft.
setback is required. Then 90.9 ft.from the rear property line and 56 ft.to the front property line where 100 ft.
setback is required. The applicant was informed the dormer under construction needed a variance, the
applicant stopped work on the dormer to complete the necessary variance forms to seek relief.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday, December 15; 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. 78-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 15th Day of December 2021 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: AV 79-2021
Project Applicant: FRANK SINATRA
Project Location: 105 Rockhurst Road
Parcel History: SP 75-2021; SEP 618-2021
SEQR Type: Type II
Meeting Date: December 15, 2021
Description of Proposed Project]-
Applicant proposes demolition of an existing 1,562 sq. ft. footprint home and to construct a 1,553 sq, ft,
footprint home with a floor area of 2,338 sq. ft. The new home has 3 levels foundation area, first floor, and
second floor. Site plan for new floor area in a CEA,new hard surfacing within 50 ft. of shoreline, and
construction of new building within 50 ft. of 15% slopes.
Relief Required:
The applicant requests relief for setbacks and floor area for the construction of a new home. The parcel is 9,336
sq. ft. and located in the Waterfront Residential zone.
Section 179-3-040 dimensional
The proposed home is to be 48 ft. from the shoreline where a 50 ft. setback is required. The floor area proposed
is 25%, 2,338 sq. ft. where 22%or 2,054 sq. ft. 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 may be considered to reduce the
size of the home.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. Relief is requested for shoreline setback of 2 ft. Floor area relief of 3% in excess of
22%.
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 construction of a new home to be 2,338 sq ft with a lower level,main floor and second
floor. The plans show the location of the existing home and the new home. The project includes installation of
permeable driveway area and a new septic system.
Zoning Board of Appeals—Record of Resolution
F/
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
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Area Variance Resolution To: Approve/Disapprove
Applicant Name: Frank Sinatra
File Number: AV 79-2021
Location: 105 Rockhurst Rd.
Tax Map Number: 227.9-1-4
ZBA Meeting Date: December 15, 2021
The Zoning Board of Appeals of the Town of Queensbury has received an application from Frank Sinatra.
Applicant proposes demolition of an existing 1,562 sq. ft. footprint home and to construct a 1,553 sq, ft,
footprint home with a floor area of 2,338 sq. ft. The new home has 3 levels foundation area, first floor, and
second floor. Site plan for new floor area in a CEA, new hard surfacing within 50 ft. of shoreline, and
construction of new building within 50 ft. of 15% slopes. Relief requested for setbacks and floor area.
Relief Required:
The applicant requests relief for setbacks and floor area for the construction of a new home. The parcel is 9,336
sq. ft. and located in the Waterfront Residential zone.
Section 179-3-040 dimensional
The proposed home is to be 48 ft. from the shoreline where a 50 ft. setback is required. The floor area proposed
is 25%, 2,338 sq. ft. where 22%or 2,054 sq. ft. is the maximum allowed.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,December 15, 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
outweighap rp oval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 79-2021, Introduced by , who moved for its adoption, seconded by
Duly adopted this 15th Day of December 2021 by the following vote:
AYES:
NOES: