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Meeting Minutes 12.15.21(Queensbury ZBA Meeting 12/15/2021) 1 OLD BUSINESS: AREA VARIANCE NO. 57-2021 SEQRA TYPE TYPE II BRETT & PAMELA WEST (MAIN HOUSE) AGENT(S) ENVIRONMENTAL DESIGN PARTNERSHIP OWNER(S) BRETT & PAMELA WEST ZONING WR LOCATION 106 BAY PARKWAY (REVISED 11/22/2021) APPLICANT PROPOSES TO DEMO EXISTING HOME 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 AN 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. CROSS REF SP 51-2021; SEP 342-2021; PZ 210- 2016 ; PZ 95-2016; PZ 89-2016; SP 37-2009; AV 47-2007; SP 39-2007 WARREN COUNTY PLANNING AUGUST 2021 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.91 ACRES TAX MAP NO. 226.15-1-17 SECTION 179-3-040 JON LAPPER, CHRIS KEIL, & JOHN WITT, REPRESENTING APPLICANTS, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 57-2021, Brett & Pamela West (Main House), Meeting Date: December 15, 2021 “Project Location: 106 Bay Parkway 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 (Queensbury ZBA Meeting 12/15/2021) 2 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.” MR. LAPPER-Good evening, everyone. For the record, Jon Lapper with Chris Keil from Environmental Design Partnership, and John Witt, the house designer for the new construction, is right behind us if you have any questions on the architecture. We just gave Laura some artist renderings of the house on the Point. She’ll put the up in a few minutes when we get there, but just to get started, a little background. Brett wanted to just give a little bit of history. You might have seen the obituary. His dad passed away last week. So some of the family history. His mom was a Seelye and the Wests and the Seelye’s owned, for generations have been on the lake. Brett grew up in Queensbury, was a Queensbury high school graduate. Went to Connecticut for business and would up selling his business and had the opportunity to move back and buy what’s really a dream piece of property on the Point on Assembly Point. Of course they started out thinking that they’d renovate the log cabin that’s there now, but it’s really dilapidated and doesn’t work. So they had the opportunity to buy the property next door and that’s why we’re here to try and use them both to do something really spectacular on the Point, but, you know, spectacular in design, but this is certainly not a mansion, and Phil Morse next door is a mansion. This is trying to be tasteful and fit in with the Point. So starting with, if you look at the mapping you see the red lines on the lake setback. Since we were here the last time the house was twisted and it was pulled back away from the lake another three feet on the north side. So the two areas that are outside the red line, because they can’t use that triangle piece because that doesn’t make sense for a home. So first if you look at the dark red line where the setback is and you see that there’s only those two areas where the house encroaches on the setback. That’s really just because of the constraints of this being a point. On the south side the guest home conforms to the setback. In terms of the variances, we’ve now, over the course of the last two meetings, reduced it even further. So the main house is at 22.2% FAR which is essentially conforming at 22%, and the guest house is 23.5. So these are now very minor variances compared to the Code. The way it works together with the driveway reduces permeability and there’s a large existing buffer which they planted on the south side a hedge to block the neighbor from the south. What’s most interesting about this is the covered walkway, and that’s, what they’re trying to build is a historic, great camp look and that’s why they have the barn, which is a historic looking barn, and the covered walkway, but we previously reduced the width of the covered walkway to reduce the floor area ratio, and I think this is probably a good time to show the perspective from John Witt. So that’s the lakeside and it’s worth pointing out here that this isn’t, and I mentioned this before, it’s not a two story with a roof. The second story is mostly built into the roof. So it reduces the profile a lot from what somebody else might do and still have the same floor area. So that’s the perspective looking from the road. You see the lake underneath the covered walkway. And the guest house on the left and the main house on the right with the circular driveway, and as John said, looking through, underneath the covered walkway this is the lake. It looks both ways from the lak e. You see it through the trees. MR. KUHL-Could I ask you a question? Can I ask him a question, Mr. Chairman? MR. UNDERWOOD-Certainly. MR. KUHL-I’m looking at the document that you submitted for 10/8 and the document you submitted stamped November 22nd and it looks to me that the position of the houses and the outbuildings are all the same. What’s been changed? Because for the 10/8 admittance, you went back to do, what has changed? Am I missing something? To me everything looks the same. MR. KEIL-At this scale that we’re showing you it might be a little hard to decipher, but basically what has happened is the house has been rotated and pulled back, largely based on comments and suggestions by members of the public. MR. KUHL-The house has been pulled back? MR. KEIL-Away from the lake. MR. LAPPER-On the north side. (Queensbury ZBA Meeting 12/15/2021) 3 MR. KUHL-Not by, I mean, to me these drawings look exactly the same. This one’s stamped November 22nd. This was given with the 10/8 submittal. Unless this is received October 8th. This is received November 22nd. And I don’t mean to be picky, but I can’t see any difference from the house, the main house, the guest house and the two outbuildings. I realize in some of the write up that the outbuildings I think you reduced something on one of the game rooms or something, but, am I wrong or am I right? MRS. MOORE-So I have the two drawings up here. There are two drawings up on display, and so the first drawing would be to my left shows that it’s 35.5. The new drawing that they recently submitted shows a 37.5 foot setback. MR. KUHL-Really? MR. LAPPER-Ron, if you look at where the red line is, you can see that it was pulled back away from the lake. MR. KUHL-I wish I could see it, but okay. MR. LAPPER-If you look at the maps on the wall. MR. KUHL-Okay. MR. LAPPER-On the right side it’s right at the corner, and on the left side it’s down a number of feet. MR. KUHL-Okay. I’m sorry. Yes, I do see that. That’s the difference is on the lake side. Okay. MR. LAPPER-So in order to try and pull it away from the lake, we had to compress it more on the road side. MR. KUHL-Listen, I’m up here to only review what you submitted, but for me I would have moved the whole main dwelling, taken these two buildings and put them between the major house and the guest house and you could have moved it all away, but this is what you’re submitting and this is what you’re asking us to approve. I just didn’t understand, but I do see the difference now. I’m sorry. I mean I could be old and my eyesight is leaving me. MR. KEIL-Yes, and as I said originally, at that scale, when you’re looking at it, it can be hard to decipher that change, but again I’m just saying by pulling back it’s no small feat because you still have to accommodate the circulation for the drive. MR. KUHL-I understand. MR. KEIL-The stormwater, etc. MR. KUHL-I’ve got it. Thank you. MR. LAPPER-So, continuing, this is also a case where we’ve got septic holding tanks for both homes, which is the right thing to do on the Point, and conforming stormwater, which of cou rse was never there, and many of the neighbors don’t have conforming stormwater or septic. So this is an improvement. When people talk about concerns with harmful algae, etc., this is doing the right thing especially on the Point, with stormwater and septic. We listened to the comments last time and we tried to make it smaller and pull it away from the lake and make a better project. Chris, is there anything you’d like to add at this point? MR. KEIL-I don’t think so. Just one other statistic is, you know, we did decrease the amount of building outside the shoreline setback from about 850 square feet to less than 600. So I think, overall, we did kind of what we can with the constraints of the site. MR. LAPPER-And again the only house that doesn’t conform to the setback is the north one and that’s only at 22.2 FAR. So it’s essentially conforming and the constraint is just that shape of the Point. MR. UNDERWOOD-Any questions from Board members at this time? MR. STARK-I just have one quick question. Did you guys say that you reduced the square footage? MR. LAPPER-Yes. MR. STARK-I’m sorry. I didn’t catch that. How much by? MR. HENKEL-I’m down to 77 feet above the FAR variance right now. Right, is that what it is, 77 feet above? (Queensbury ZBA Meeting 12/15/2021) 4 MR. KEIL-Right, I believe it is that covered walkway that is slightly compressed. MR. UNDERWOOD-Okay. If there’s no more questions from the Board at this point, I think I’ll open up the public hearing, and again, I would request that the public, if you’re going to speak, if you have something new to add, feel free to do that. Please don’t repeat. I think the Board is well aware of your concerns about what we had discussed in previous renditions of the meeting. Anybody from the public wishing to speak, raise your hand. Do you want to come up, ma’am. PUBLIC HEARING OPEN PAM LESTER GOLDE MRS. LESTER GOLDE-The blue piece of paper with the blue heading is more for education for you later on. You don’t necessarily need to read that. My name is Pam Lester Golde. As Pam Lester I am a registered landscape architect in New York and I happen to be the property owner at the south side. The large drawing that I, the aerial photograph that I gave you, one of the comments that has been made in regards to a zoning variance is, is this in keeping with the existing residence. These are, you can see the original Ross house, that has been leveled, and you can see the existing log cabin that is the West house, in relationship to the O’Keefe which is to the right and my house which is to the left of the properties in question on the Point. This is not a small project. This is not in keeping with Assembly Point. Neither was Morse’ house. Neither was Cantanucci’s house, but we have taken a summer community and we are making it an urban dwelling area. The blue piece of paper, at the top basically is for your education in regards to stormwater management and why there is green infrastructure and the fact that thus particular green infrastructure in regards to stormwater drainage that the engineer has proposed, yes it deals with water quantity . It does not deal with water quality. I have also given you a detail that says Unilock permeable pavement. Unilock is one of the top manufacturers. They were one of the original manufacturers for permeable pavement, and as you can see, I have labeled on the left hand side of the detail, we have a 26 inch cross section between the gravel and the sub, set in beds, and the pavers itself. Compared to the 24 inches that we have before we hit groundwater. In order for you to have water quality, you need to have two feet of soil below the gravel sub-base material, and this we do not have. There will be no water quality. Which means all of the fertilizer, the oils from the cars, the salt from the road are all going to go right into the groundwater which goes into Lake George, and we have already had, Lorraine, how many HAB’s did we have this past summer, two or three? AUDIENCE MEMBER-In a one year period we had 14. MRS. LESTER GOLDE-And as a kid growing up here on Lake George, you couldn’t swim in the lake comfortably until the end of July. I start in May now by rowing, and I am in the lake by Memorial Day weekend. I didn’t even do that as a kid growing up here. So those are my comments in regard to storm drainage. His stormwater drainage does not work. In regards to water quality, the project is too big. In regards to impervious surface, and he should be required to have a variance for impervious surface coverage. The neighbor, Mary Helen O’Keefe, to the east of the property, had sent me an e-mail which I will read into it, the file. The O’Keefe’s and the Wests have had problems for the last, this year and continually. Either Brett or his landscaper were blowing the leaves into the drainage channel that separates the two parcels. To the point that water backed up into Otyokwa and then flooded the road and flooded neighbors farther down, the Sanders and basically Otyokwa itself. They then found out that there was an orange berg pipe and they had to replace it which took all summer to replace, and now the drainage channel is full again, and her handyman who was at the house today said there’s leaf collections at both ends of the drainage channel and her property is now being flooded out. So you don’t even have a garage and the barn there, and you have just eliminated, by this design, all of the impervious surface and coverage for it. Now th ey might turn around and argue saying, well, there’s a rain garden. The rain garden is good for a limited area. During the winter months it is not because you’re going to have rain storm, rain events when the ground is frozen, and all of that water is going to overflow and the one place it goes into is the O’Keefe’s property. So this overall project is just way too big and she wrote that Jim my handyman is up at the house right now and yes there is a new pile of fresh leaves in the ditches at both ends, by the road and down between our property. Yikes. Do you have a new lawn service because the Town of Queensbury talked to Brett, do not have the leaves and grass dumpings into the culvert. Thank you for going to the meeting. Mary Helen. Keep my posted. My lawn is flooded, but there is rain and snow melt, but this is an issue if he puts the garage next to my property line and takes all those trees down. Thank you for your time, and I hope you deny this project. MR. UNDERWOOD-Thank you. Anybody else from the public wishing to speak? Ma’am? LORRAINE RUFFING MRS. RUFFING-Good evening. My name is Lorraine Ruffing. I live on Assembly Point, 166 Bay Parkway. As the Chairman noted, this is the third time that you’ve had this project before you. I don’t see any substantial changes in this project. Your previous comments I think were definitely relevant to those two (Queensbury ZBA Meeting 12/15/2021) 5 meetings when you said the barn is excessive, rotate the house, and meet the setbacks. If you look at the setbacks that you’ve been shown tonight, you’ll see that they’re between two and three feet of a setback based on what you were presented with before, and as my neighbor has said, the project is oversized. The driveway’s too large. The covered walkway is unnecessary because this is level land. There is too much hard surfacing, and I think Mrs. Golde has given you the specifics on the pavers in relation to the water table and the last thing that you said, you need to really reduce this project by 1/3rd. This project has not been reduced by 1/3rd. So I see no substantial changes from the previous proposals and the basic facts remain that this project is in a critical environmental area with a high water table, which is two feet below the surface. The number of structures remains the same, two houses, three garages, a barn, a paved ar ea for patios, a circular driveway which is too large, a covered walkway. It is just too much for this particular property. I think overbuilding and non-compliant setbacks from the lake would have an adverse effect and impact on the physical and environmental conditions of the neighborhood since it is in a critical environmental area. Alternatives exist and have been suggested by you which would allow the applicant to construct a new dwelling. For those reasons I ask you to reject the current application and ask them to re-design the project to conform to Town Code and your suggestions, to do a percolation test at the appropriate time of year, which has not been done. I think the last percolation test was in 2016, produce a more detailed plan for tree cutting and new landscaping, which conforms to Town Code. Thank you very much. MR. UNDERWOOD-Thank you. Anybody else from the public wishing to speak? Roy, do we have any new communications? MR. URRICO-Yes, we do. “I live on Assembly Point next door to the West property to the east. Our property is divided by large mature trees. These trees are alongside the culvert that drains directly into the lake. The trees protect the lake by absorbing nutrients. My concern is that removal of these trees are being replaced by a large two story garage with a very small rain garden along the culvert. There will be run off from rain water directly into the lake from the garage roof and into the culvert and flooding onto my property. Sincerely, Mary Helen and Dan O’Keefe 102 Bay Parkway, Lake George, NY 12845” “I am a neighbor to the Wests at the end of Assembly Point; I live at 128 Lake Parkway, and I have been following the various Board reviews of this application and project. The basic plan appears to still remain too large and stressful for that particular fragile spit of land with its complicating high water table. Until the plan is mitigated to conform to Town Codes, in the best interest of the neighborhood and local eco system and to avoid probably resultant water pollution, please continue to demand the highest conformance to protective code and standards. Were I rebuilding on my property I would welcome strong input from my family, neighbors, contractors/designers, landscapers, and engineer to make sure I were proceeding with best sizing, setbacks and tree and permaculture installation; I would want to trust that my town review boards helped hold my construction/revisions to the highest standards so I could honestly tell my children and family I had done my best for the lake and land; I would want guidance to help me get my project appropriate. As residents in the neighborhood, standing by watching the many currently overly ambitious constructions, we have to rely on your (the ZBA) deepening understanding, sensitivity and awareness for ecosystem and water quality protection. Drive down Assembly Point, and all along the way to the end of the Point at the West project you will note many projects, overcrowding/overbuilding. When my ancestors first built out here, the standard for the neighborhood was the golden mean-nothing shabby, but nothing ostentatious. We are possibly in a world-wide ecosystem collapse and crisis that should demand radical conservatism in development, at very least a braver and stricter conformance to code; variances should no longer be the norm; are you willing to hold to a stronger standard as a matter of ethics? The terrible pollution we are seeing exponentially in our water right along our shores (HAB’s) is most likely exacerbated from nutrient loading stress due to inappropriate over-sizing and over-building and nowhere near enough trees and deep-rooted shoreline shrubs. Thank you for considering real protection. No one of us is any longer entitled to exceptions. Best, Lisa Adamson 128 Lake Parkway, Lake George, NY 12845” This is from the Waterkeeper. “The above referenced variance application was personally reviewed in my capacity as a licensed professional engineer and the Lake George Waterk eeper. The Waterkeeper would like to recognize the Zoning Board's deliberation over this variance application and dedication to the need for balance that is required for granting variances. It is our opinion the applicant's amendments to the application fall short of the Board's request to reduce the project's size to "make it better", "reduce the number of variances" and their concern regarding the amount of permeable pavers and protection of resources. The Waterkeeper remains concerned regarding the requested variances for Floor Area Ratio and shoreline setback, as well as concerns of site permeability, that are essential for the protection of Critical Environmental Area surrounding Lake George. The application continues to propose too much disturbance and relies too heavily on permeable pavers, which can have questionable long-term benefits and may actually result in greater impacts to Lake George and its water quality. The Lake George Waterkeeper requests the Zoning Board of Appeals apply the Town's regulations, specifically §179-14-080 Variance Criteria, during your deliberations regarding the above referenced variance application. The following are comments based on our review of the most current submission: There has been minimal improvement regarding the requested shoreline setback variance requests of 34' and 37.5'. It is recognized one shoreline setback was increased from 31' to 34', but the proposed disturbance will extend into the required protective shoreline buffer and the application fails to d emonstrate how the protective buffer will be established to meet the requirements of §179-8-040. In addition, the application continues to propose extending pavers into the protective shoreline buffer, further reducing the ability for the site to (Queensbury ZBA Meeting 12/15/2021) 6 provide mitigation. There has been no reduction in the extensive use of permeable pavers to circumvent the permeability requirement. Permeability is vital in the Critical Environmental Area surrounding Lake George to provide natural stormwater mitigation through vegetative uptake and natural soil treatment, which is not provided through gravel storage. The site vegetative coverage will be reduced by 10% within the CEA, which will impact water quality. As previously stated, the site design fails to meet the New York State Stormwater Design Manual requirements of 3-foot separation to groundwater for pavers and therefore, permeability credit should not be allowed. The extent of permeable pavers should be reduced by eliminating the combined driveways and circular driveway. The application appears to reduce the side yard setback from 21' to 20' along the eastern border which will increase disturbance of existing intermittent stream and buffer. This important vegetative buffer and intermittent stream continues to be sacrificed without any recognition or proposed mitigation measures for the extensive design. The application still has not detailed the extent of removal of mature vegetation and has not proposed any mitigation measures. It is important to restate the statements from March 2016 on the redevelopment of the property hearing when their agent stated if they build a much larger structure, it is actually more detrimental to the water quality. It is the opinion of the Waterkeeper that the applicant has failed to meet the balancing test, will have an adverse effect and impact on the physical and environmental conditions of the neighborhood and that alternatives exist for a more compliant proposal. As was stated in the October 2021 hearing, if the current application at that time was the original submission, the Board would not approve. The Zoning Board should deny the application as there have been no substantial changes to mitigate the requested variances within the Critical Environmental Area surrounding Lake George. The Lake George Waterkeeper looks forward to working with the Town of Queensbury Zoning Board of Appeals to defend the natural resources of Lake George and its watershed. Thank you for your consideration. Sincerely, Christopher Navitsky, PE Lake George Waterkeeper” One more. “Two times you have done the right thing and refused to approve these variance applications with out significant changes. Each time, including the current time, the applicants have made only minor changes, and have not addressed the issues raised by the public and by the Board. The latest plans are not significantly different than the last version. The requested variances are significant, and are unnecessary. I urge you to reject them. Thank you, John Caffry” MR. UNDERWOOD-Okay. Would you like to come back up and make some comments. MR. LAPPER-John Witt’s going to start it off. He designed the house. MR. WITT-The house is not as large as people say it is. The main house is one bedroom with a garage that’s attached and it connects to like a kid’s quarters which is two more bedrooms and a loft area. So to say it’s super large is just not true and the scale of this site is very similar to the existing house that’s there, and the existing house is actually closer to the lake. The house that was torn down is in the left on that picture was closer to the lake. The variances are not substantial. They’ve pulled back both houses inside of the setback, except for the main house which was pulled back but it’s still just outside of the setback. So I think the scale and the house really fits into the neighborhood. There’s many houses on Assembly Point, we did a house a couple of years ago that is much closer than 50 feet, and on a much tighter lot, a lot more environmental issues because it’s a sloped lot right to the lake. This being a flat lot we can control the stormwater and the one comment from the lady about the pavers, is totally false. We’ve done permeable pavers. We just did a site in Saratoga Springs with a brick paver, it’s beautiful, and it only had six inches of tamped gravel underneath. It had a mesh. So the mesh makes up the difference so it didn’t have 26 inches. So we’re not going into groundwater. So that’s totally false. And again, I really think, if you look at the scale of the project and you look at all of the elevations as you approach the lake, pulling the house further back from the lake which is currently there, and it’s not a towering house. It’s very elegantly designed and it’s all connected like a great camp, and I honestly think it’s going to be one of the nicest houses on the lake, and I think you’ll all be very proud to see this house and I understand there’s environmental concerns, and I think the engineers can speak to that, but we’re not allowed to build things that don’t meet New York State stormwater. So that’s just false. MR. KEIL-If I could make a few comments just related to stormwater and some other landscape items as well. Since we met last, we performed test pits on site, five different test pits and groundwater range in depth from surface, from about two feet up to over four feet and unfortunately we got that information a little late. So we weren’t able to incorporate it into this last batch of comments, but there’s nothing there that we don’t believe at this point something we can’t solve through modifying the grades in our raingardens, etc., you know, to accommodate that separation which, you know, we know we would go through that process when we go through the Town Engineering review as it relates to the more detailed design on the stormwater. I think raingardens in particular are a really proven method for dealing with water quality as well as the issue of rain on frozen ground was brought up, but in my view any surface is problematic in those sort of situations. As it relates to the landscape plan, we’ve shown a little bit more detail. In the previous submission in October we had a landscape plan that we reference on Sheet Six where we show a pretty extensive tree planting to compensate for some of the trees that will need to be removed as part of the construction, as well as some shoreline planting, pretty robust planting, in two areas of the shoreline which is currently just turf right to the water’s edge. So we think that’s going to be a huge improvement. This intermittent stream has been brought up a few times, and we’re staying clear on that, on that northern edge. So I don’t know why that has been factored in. Also there’s been some comments (Queensbury ZBA Meeting 12/15/2021) 7 about the maintenance practices and whatnot, but, you know, that’s something I can’t specifically comment to at this point, but, yes, I feel like overall the improvements to stormwater, you know, will be substantial. I mean our permeability is a reduction of the current, if you count the permeable paving which is something that the Town accepts as a practice. MR. UNDERWOOD-Anything else you wish to add? MR. KEIL-I don’t think so. MR. HENKEL-Can I ask a question of Laura? Who do we believe on this permeability? One minute we’re talking, Chris Navitsky’s saying it’s not what we’re being told here with the 77, or we’re looking at, what, 77% permeability and he’s denying that, saying that it’s not true, and so who do we believe? MRS. MOORE-So that information is provided to the Staff. I reviewed that information. Their calculations indicate that the permeability is at 77.9. MR. HENKEL-So that’s who we believe? MRS. MOORE-Yes, because that’s what the applicant has provided to us. MR. HENKEL-We’ve got an expert, supposedly, like Chris Navitsky saying. MRS. MOORE-Well, you also have support staff. You’ve got support staff that has evaluated that. MR. HENKEL-Okay. MR. LAPPER-And we’ll go through a detailed review with Chazen Engineers when we get to the Planning Board, especially stormwater issues, buffering issues, that’s all part of the planning process. Chazen will look at all the numbers again, but Laura’s saying that Staff has passed on it and they’ve agreed with what Environmental Design did. MR. HENKEL-And that’s all we can go by. MR. KEIL-One other thing to add. I think the Town’s stance has always been permeable pavers count as 50% of that surface area. I know there’s a lot of criticism, generally speaking, about the fact that it can get clogged. So, yes, there are issues sometimes on certain sites where they don’t perform as expected, but I think we’ve done a really good job on projects, you know, creating redundancy where there’s like a stone diaphragm at the edge, making sure a maintenance plan is part of the application to ensure you’ll have that proper maintenance report in. MR. HENKEL-Do you know if there’s been any consideration, I know you’ve got a 20 foot setback with the garage and your shed here, your barn. That is a little bit of a problem. There is a little bit of a stream that goes through there. Was there any consideration of bringing that a little bit tighter towards the house, so that would give a little bit more space. MR. LAPPER-What’s funny there is that we’re trying to pull it away from the lake so it pushes on to the backside of the property. There’s a little bit of. MR. HENKEL-But if you’re pulling it back toward, you’re still farther away from the lake. I mean if you’re pulling it closer to the, you know, eliminating that hallway and bringing it, I know you’re already at the 20 feet setback. So you don’t really have to ask for that, but I’m just saying maybe it would make it a little bit easier, a little bit better for the groundwater to be absorbed if there were more trees in between that area, more soil. MR. KEIL-That is a good point, and that is something we planned on buffering that zone, that edge, just for privacy of that neighbor as well. I mean, you know, as John mentioned there’s going to be gutters. We’re going to have to ask for that. So I think as we get more involved in the stormwater design and work with Chazen, you know, we have some flexibility where we can divert that water to make sure, one, we get the separation and, two, that, you know, we’re creating those areas in a place that supports the project in terms of staying away from those resources. MR. KUHL-May I ask a question? MR. UNDERWOOD-Certainly. MR. KUHL-I can’t talk for anybody else on this Board, but I’ve heard varying comments about, I mean this presenter, or the one woman today talked about 24 inches. Have you done any test pits on this property to tell us where the water table is at different locations of the property? (Queensbury ZBA Meeting 12/15/2021) 8 MR. KEIL-Yes, we’ve performed five of them. MR. KUHL-Okay. But they’re not on this drawing, right? MR. KEIL-No. As I stated earlier, unfortunately we got that information, it was in process after we submitted this last. MR. KUHL-Okay. Of the five, give me a high to low. MR. KEIL-Yes. So it’s just over four feet for the high, that’s the greatest separation. MR. KUHL-Which would be close to Bay Parkway. Correct? MR. KEIL-Yes, and closer to the guest house, as you’d expect. I mean, down where it sort of parallels the surface largely. Right? MR. KUHL-And if we look at the area where the pavers are going, I’m talking about the main area between the portico and Bay Parkway, what are the depths around there? MR. KEIL-So we have a test pit that’s right in sort of the center of, it’s actually very close to the Porte cochre. It’s in the center of that drive turnaround, the existing turnaround. So that test pit, because obviously we don’t want to be too invasive. We had to place these in places which are soft scape currently, right? So at that location right there, we have waters at 36 inches. MR. KUHL-Okay. Well where are the 26 and 24 inch pits, test pits? I mean I assume they’re out towards the dock somewhere. MR. KEIL-The 24 inch actually interestingly enough was closer to that northern or eastern boundary line, where that intermittent stream has been referenced. MR. KUHL-So that’s the O’Keefe’s? MR. KEIL-And probably some sort of groundwater connection to that stream I would presume somewhat, but that raingarden area is the place where we will be guttering that water. So we have the ability to manipulate grade there. MR. KUHL-What do we lose as the water table comes up? Permeable pavers are, what, 55% effective at any good day? And as the water table goes up it loses its absorption value. Correct? MR. KEIL-Not as much, more of the treatment I think is the point there. MR. KUHL-Well, same thing, treatment, the water going down them, right, the volume going through the solid, or the permeable paver. MR. LAPPER-But the alternative is that it runs into the lake untreated. MR. KUHL-I’m not looking at alternatives. At this point I’m trying to understand, because there have been several depths that were quoted to, that I heard as a Board member. I can’t speak for anybody else on this Board, and I get a little leery of what’s the right number. Because what you presented doesn’t show me any test pits. Okay, and then we go to, okay, is 36 the good number, after that everything’s fine? Don’t talk to me as a lawyer. You’re not an engineer. MR. LAPPER-Those are more issues that are reviewed not by the Zoning Board for the variance but by the Planning Board for stormwater and the engineer. MR. KUHL-Okay, but honestly, Jon, if you weren’t looking for variances, here, there would be no opposition, according to the people that came up to that table. Okay. MR. LAPPER-I heard a lot of discussion about global warming and the general condition of the lake, and this project is going to help stormwater from what’s there now, and have septic holdi ng tanks, so I think those are more general statements than specific to this project. MR. KUHL-Okay. I think this is an outstanding piece of property, and when I’m on the lake I look at it in awe, and I also say why are they tearing it down. So the fact that they’re removing what’s there, now you’ve got the West’s looking for approval because it doesn’t fit. MR. LAPPER-Well it needs variances because of specific issues with the shape of this parcel, but as John Witt said, he’s trying to design something spectacular that will fit in, that won’t be too tall, that people will go by in their boat and say that’s really appropriate for this property for a spectacular piece of property. (Queensbury ZBA Meeting 12/15/2021) 9 MR. UNDERWOOD-Anything else from the Board? All right. At this t ime I’m going to close the public hearing. MR. WITT-Can I just make one comment on the planters. The site we did in Saratoga Springs recently, we did radiant heat permeable pavers, and this site is proposed for all radiant heat. So basically what’s going to happen here, you’re going to have less runoff. MR. URRICO-Can you identify yourself? MR. WITT-I’m John Witt with Witt Construction. MR. URRICO-Okay. MR. WITT-The designer and the builder of the project. So when you have a course paver that wat er can go through, okay, what happens in the spring and fall, you have frost, and then water will run across the lawn, and that’s a big lawn, and this site has got a lot of green area. So there’s a lot of area to create raingardens. What I’m getting at with the heated pavers, in the spring and fall when you have the frost, the water still goes through. In the tests that we’ve done with this site, pouring rain the other day, the ground was frost. We had about two or three inches of frozen ground in Saratoga, and I went by the site when we had one of those pouring rains, and because of the frost, if it was just pavers they might just run across. Because they’re heated, the water goes straight in them and it’s actually a lot more, it works better than grass or anything else that you might put down is actually the pavers because they’re heated, and also even in the summer there are hose tests done after. We couldn’t put enough water into them. The water just goes straight into them. So in our practical experience it really works, and I think you’re going to have less, a lot less runoff on the lake after this project’s built than what’s happening now. The scale of this house, the main house is very similar to what’s there, and it’s just a rotten, it’s a rotting out log cabin and it’s not insulated, and that’s the reason they need to do something different. Thank you. MR. UNDERWOOD-Okay. At this point I’m going to close the public hearing. PUBLIC HEARING CLOSED MR. UNDERWOOD-I think that before I poll the Board I just want to summarize a little bit of what I think here, as to what I think we should do here this evening. We’ve listened to a lot of commentary, concerns from the public at all three meetings that we’ve had. I think that new letters and new information have been submitted tonight from the public also and I think that that should have some pertinence in our decision making process here this evening. Even though there’s been some give and take here on this project, I think you need to think back to the previous two meetings about what we have asked, what our concerns were at that point, and balance and outline whether you think they’ve done enough to justify approval for this project or disapproval for the project. So at this point I’m going to start with you, Ron. MR. KUHL-Thank you, Mr. Chairman. I think that this project could be done without the variances you’re requesting. I’m not in favor of it the way it’s presented. MR. UNDERWOOD-Roy? MR. URRICO-Yes, as I stated in the October meeting that had this come before us just as it is right now I would not approve it. So we haven’t improved the original application by very much. Though we’ve incrementally improved it, I still see at least three fairly large variances that you’re requesting to be granted. I still think that’s too much, and we’re not even talking about the permeability, which seems to be the question, but right now I’m not even thinking about that because that’s not on the table. So I would agree with Ron. I think there are still too many variances on the table and I would not be in favor of it. MR. UNDERWOOD-John? MR. HENKEL-Personally there’s a lot of variances maybe, but they’re not asking for a lot in those variances. I mean they’re only asking 77 square feet over the FAR variance. I kind of would like to see that garage and that shed, the barn slid over away from that property line, even though you’re not asking for that. You’ve got the 20 feet there anyway, but I think you could take care of some of that problem of that water going through there. So I’m not really against it, although I’d like to see that garage, that barn moved over and the garage moved over. So as is I’d probably have to say I’m still against it a little bit, but the other variances don’t really bother me. MR. UNDERWOOD-Brady? MR. STARK-Well, I’d agree with what my fellow Board members said. I think there’s, I think you guys have done a good job in revising it at this point, but I think there is still a little bit of room for improvement. So at this point I would be against it. (Queensbury ZBA Meeting 12/15/2021) 10 MR. UNDERWOOD-Jackson? MR. LA SARSO-Yes, I think that that would really be the only variance at this point that I would really have a problem with are those setbacks, I think especially the walkway setback. I think the FAR and everything else is completely fine. You’re not even asking for a variance for permeability I don’t think, and the garage is fine, too. So really it’s just those setbacks that I would like to see it get to a p oint where they’re less, if you can, or at least closer, 40, 45 feet maybe, closer to the 50 foot mark is what I’d like to see before I could give it a yes. MR. UNDERWOOD-Okay. For my own commentary, I think we have to keep in mind here what you’ve done, and I asked you specifically to give up something, and I don’t think that you’ve really given up anything at all since the institution of this project at the first meeting here. I think, you know, when you look at the size of what you’re proposing to do here, even though we have esoteric numbers like 22% floor area ratio. We have permeability, like they’re magic numbers, if you meet them we’ll automatically get to wave the magic wand and make things happen for you. I think that, you know, if you compare this to the Morse project, which is a true abomination on the lake. It’s probably the worst case scenario, I think you’re working in the right direction here, but I think you still have a significant ways to go here. Your setbacks from the lake I think are reasonable at 37 and 34 feet. I don’t really see that that’s a big deal, but I think, you know, the fact that you’re on a piece of property with a high perch water table, you can’t dispose of your septic waste on site as most people do on the lake, you know, you’re going to have to remove that. I think you’re going to have to jump through hoops. The Adirondack Park Agency I’m sure is going to review this to the T. You’ve already been turned down previously for your Porte cochre project , even though this Board approved that project on previous occasions. So I think that you’re still going to have to go back and shrink this project down. I’m not a firm believer in the 22% floor area ratio, that it applies evenly to every single project. We have lots of small lots on the lake and there’s no need for anybody to maximally build all the time and expect that they’re going to get that maximum number. I think that you should go back to the table and I think that you should go back and combine your media room, your great room, your recreation room on the garage, remove something, make it smaller, make it fit, because it’s out of character with the neighborhood and I think that the comments that have been made by the Waterkeeper are especially pertinent to the project. So at this point I think you’re going to have to table and come back with something significantly different. I think if you’re going to come back again to us at that point in time you’re going to have to come back with something removed significant. MR. LAPPER-Okay. We will table it. I heard a mixed message that some people want significant and some people want minor changes, but we’ll come back with something better. MR. HENKEL-What do you have for a good time. MRS. MOORE-I would table to, depending on their schedule, to a February meeting. MR. HENKEL-So February 16th or the 23rd. MRS. MOORE-So it would be the first Zoning Board meeting in February. I apologize, I don’t have my calendar with me. MR. HENKEL-Okay. So it’s the 16th. MRS. MOORE-Yes. MR. UNDERWOOD-You’re tabling them both? MR. LAPPER-Yes. MRS. MOORE-We’ll do them separately. The information would be due by January 18th, simply because it runs into a weekend and a holiday. So the public hearing on both applications will need to remain open. MR. HENKEL-Okay. The Zoning Board of Appeals of the Town of Queensbury has received an application from Brett & Pamela West. (Revised 10/4/2021) Applicant proposes to demo existing home and construct a new home with a 5,004 sq. ft. footprint (building footprint of 4,628 sq. ft. and porte-cochere of 376 sq. ft.) and a patio area of 825 sq. ft. (1,649 sq. ft. x 50% for permeable paving). The new floor area will be 8,764 sq. ft. including a detached 500 sq. ft. barn, the porte-cochere, and a covered walkway. 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. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, additional garage, size of accessory structure total, and floor area. (Queensbury ZBA Meeting 12/15/2021) 11 MOTION TO TABLE AREA VARIANCE NO. 57-2021 BRETT & PAMELA WEST (MAIN HOUSE), Introduced by John Henkel who moved for its adoption, seconded by Ronald Kuhl: Tabled to the February 16th, 2022 Queensbury Zoning Board of Appeals meeting, with any new information by January 18th, 2022. Duly adopted this 15th day of December, 2021, by the following vote: AYES: Mr. Urrico, Mr. LaSarso, Mr. Henkel, Mr. Kuhl, Mr. Stark, Mr. Underwood NOES: NONE ABSENT: Mrs. Hamlin, Mr. McCabe, Mr. McDevitt