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Staff Notes Staff Notes ZBA January 19 , 2022 Administrative Items : Approval of Meeting Minutes December 15, 2021 Table AV 3-2022 (Patrick M. Connors) to January 26, 2022 {Open Public Hearing and Leave Open} Old Business: AV 62-2021 Antonio & Maria Civitella AV 74-2021 Francis & Erin Steinbach (Board will review application and Table to a later date) New Business: AV 2-2022 Dan Slote AV 6-2022 Great Escape Theme Park LLC Queensbury Zoning Board of Appeals Agenda Meeting: January 19,2022 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 December 15,2021 OLD BUSINESS: Applicant(s) Antonio&Maria Civitella Area Variance No. AV 62-2021 Owners Antonio&Maria Civitella SEQRA Type TypeH Agent(s) Studio A and Jon Lapper,Esq. Lot Size 0.37 acres Location 104 Knox Rd, Zoning WR Ward No. Ward 1 Tax Id No 239.7-1-20 Section 179-3-040; 147-11 Cross Ref SP 55-2021;FWW 1-2021 Warren County Planning September 2021 Public Hearing September 2021;January 19,2022 Adirondack Park Agency ALD Proiect Description: (Revised)Applicant proposes to demo an existing home and to construct a new home with a footprint of 2,477 sq. ft.and a floor area of 4,091 sq.ft. The project includes installation of a permeable paver for patio and driveway areas,new steps to future sun-deck and dock,new septic,well,site plantings and shoreline plantings. Site plan for new floor area in a CEA,hard surfacing within 50 ft.of the shoreline,shoreline planting plan for vegetation removal,stormwater measures steep slopes within 50 ft.of new home,and work within 100 ft.of wetland.Relief requested for setbacks,floor area,permeability,and infiltration. Applicant(s) Francis&Erin Steinbach Jr. Area Variance No. AV 74-2021 Owners Francis&Erin Steinbach Jr. SEQRA Type Type II Agent(s) n/a Lot Size 0.22 acres Location 211 Assembly Point Road Zoning WR Ward No. Ward 1 Tax Id No 226.19-2-18 Section 179-3-040; 179-6-065; 179-13-010 Cross Ref SP 70-2021; SP 15-2020; SP 38-1995 Warren County Planning November 2021 Public Hearing November 17, 2021;January 19,2022 Adirondack Park Agency 4ALD Proiect Description: (Revised)Applicant proposes to raise an existing 1,352 sq.ft.(footprint)home to install a full basement with a footprint of 1,550 sq.ft. The existing rear deck of 444 sq.ft.to be removed and replaced with a 356 sq. ft.deck.The existing front deck of 220 sq.ft.to be removed and replaced with a 357 sq.ft. deck. The site has approval for 154 sq.ft. addition. The existing floor area of 1,949 sq.ft.is increased to 2,786 sq.ft. Site plan for new floor area in a CEA. Relief for setbacks,permeability,floor area,and expansion of a nonconforming structure. NEW BUSINESS: Applicant(s) Dan Slote Area Variance No. AV 2-2022 Owner(s) Dan&Lynn Slote SEQRA Type Type II Age t s Environmental Design Partner Chris Keil Lot Size 1 acre Location 20 Burnt Ridge Road Zoning WR Ward No. Ward 1 Tax Id No 239.16-1-19 Section 179-5-020; 179-3-040; 179-6-060 Cross Ref SP 1-2022;AV 85-2001; SP 45-2002 Warren County Planning January 2022 Public Hearing January 19,2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes to construct a 1,205 sq.ft.bunk house,new septic,retaining wall and stormwater area. Existing home is 804 sq.ft.with no changes. Site plan for new floor area in a CEA and new building within 50 ft.of 15%slopes. Relief requested for size of accessory structure. Queensbury Zoning Board of Appeals Agenda Meeting: January 19,2022 Time: 7:00- 1 1:00 pm Queensbury Activities Center—742 Bay Road. Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Patrick M.Connors Area Variance No. AV 3-2022 Owner(s) Patrick M.Connors SEQRA Type Type II Agent(s) Daniel W.Ran,P.E. Lot Size 0.25 acres Location 95 Rockhurst Rd. Zoning WR Ward No. Ward 1 Tax Id No 227.9-1-1 Section 179-3-040; 179-13-010; 179-4-080 Cross Ref SP 2-2022;AST 725-2021;AST 876-2021; Warren County Planning January 2022 AV 1454-20953;SP 61-88 Public Hearing January 19,2022 Adirondack Park Agency ALD Project Description: Applicant proposes to remove an existing deck of 644 sq.ft.to construct a 644 sq.ft.deck in the same location. The deck is attached to the existing house and has a patio area underneath.The steps from the deck to the lower patio area are to be in the same place.The existing home is 1,890 sq.ft.footprint minus the deck.There is additional work on the boat house structure. Relief is requested for setbacks. Applicant(s) Great Escape Theme Park,LLC Area Variance No. AV 6-2022 Owner(s) Great Escape Theme Park,LLC SEQRA Type Type II Age t s Francis G.Palumbo,RLA CT Male Lot Size 237.64 acres Location 1172 State Route 9 Zoning LC-42A Ward No. Ward 1 Tax Id No 288.20-1-20 Section 179-3-040 Cross Ref SP 3-2022;FWW 1-2022;various others Warren County Planning Janua 2022 Public Hearing January 19,2022 Adirondack Park Agency n/a Project Description: Applicant proposes to remove the existing ticket entrance structure and alter the access area.The project includes construction of a 1,150 sq.ft.ticket building and a 2,750 sq.ft.entrance staging building.The project improves the green space in the project area. Site plan for new development/structures and area in the Recreation Commercial zone and hard surfacing within 50 ft.of a shoreline.Freshwater wetlands permit for work within 100 ft.of a shoreline.Relief requested for setbacks and light pole height. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre-Zoning Office\ZBA Monthly 2022\January 19,2022\ZBA Final Agenda January 19,2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 62-2021 Project Applicant: ANTONIO & MARIA CIVITELLA Project Location: 104 Knox Road Parcel History: SP 55-2021; FWW 1-2021 SEQR Type: Type II Meeting Date: January 19, 2022 Description of Proposed Project: (Revised)Applicant proposes to demo an existing home and to construct a new home with a footprint of 2,477 sq. ft. and a floor area of 4,091 sq. ft. The project includes installation of a permeable paver for patio and driveway areas, new steps to future sun-deck and dock,new septic, well, site plantings and shoreline plantings. Site plan for new floor area in a CEA,hard surfacing within 50 ft. of the shoreline, shoreline planting plan for vegetation removal, stormwater measures steep slopes within 50 ft. of new home, and work within 100 ft. of wetland. Relief Required: The applicant requests relief for setbacks, floor area,permeability, and infiltration practice. The project is the construction of a new home. The project is located in the Waterfront Residential zone—WR on a 0.41 acre parcel. Section 179-3-040, Chapter 147 The new home requires variance for setbacks where 20 ft. is required and 15 ft. 9 inches to the south property line and 14 ft. to the North property line is proposed; floor area where 22% is the maximum allowed and 32.5% is proposed; permeability where 75% is required and 69.5% proposed; and infiltration practice is required to be 100 ft. for the shoreline where 35 ft. is proposed. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. The project may be considered to have minimal impact on the neighboring properties. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The feasible alternatives may be possible to reduce the building size and reduce the hard surfacing on the site. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. The setback relief is 4 ft 3 inches South and 6 ft North side. Floor area is 10.5% in excess, permeability 5.5% in excess of hard surfacing on the site. 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 has revised the application where the new home is to have a footprint of 2,477 sq ft,this includes the porches/deck areas. The home is to have a floor area of 4,091sq ft. The project includes the disturbance of 13,499+/- sq ft of the site for the construction of a new home, landscaping, stormwater, septic and well. The site is to contain areas of permeable patio for the driveway and shoreline side of the home. The project includes a fire pit area and new stone steps to the proposed dock. The plans show the location of the existing and new home. The plans include floor plans and elevations. 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 Ibim of Q_yeensbui), Area Variance Resolution To: Approve/Disapprove Applicant Name: Antonio & Maria Civitella File Number: AV 62-2021 Location: 104 Knox Rd. Tax Map Number: 239.7-1-20 ZBA Meeting Date: September 22, 2021; January 19, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Antonio & Maria Civitella. (Revised)Applicant proposes to demo an existing home and to construct a new home with a footprint of 2,477 sq. ft. and a floor area of 4,091 sq. ft. The project includes installation of a permeable paver for patio and driveway areas,new steps to future sun-deck and dock, new septic, well, site plantings and shoreline plantings. Site plan for new floor area in a CEA, hard surfacing within 50 ft. of the shoreline, shoreline planting plan for vegetation removal, stormwater measures steep slopes within 50 ft. of new home, and work within 100 ft. of wetland. Relief requested for setbacks, floor area,permeability, and infiltration. Relief Required: The applicant requests relief for setbacks, floor area, permeability, and infiltration practice. The project is the construction of a new home. The project is located in the Waterfront Residential zone—WR on a 0.41 acre parcel. Section 179-3-040, Chapter 147 The new home requires variance for setbacks where 20 ft. is required and 15 ft. 9 inches to the south property line and 14 ft. to the North property line is proposed; floor area where 22% is the maximum allowed and 32.5% is proposed; permeability where 75% is required and 69.5% proposed; and infiltration practice is required to be 100 ft. for the shoreline where 35 ft. is proposed. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, September 22, 2021 & Wednesday, January 19, 2022. 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 fmd as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 62-2021, Introduced by , who moved for its adoption, seconded by Duly adopted this 19t'Day of January 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 74-2021 Project Applicant: FRANCIS & ERIN STEINBACH Project Location: 211 Assembly Point Road Parcel History: SP 70-2021; SP 15-2020; SP 38-1995 SEAR Type: Type II Meeting Date: January 19,2022 Description of Proposed Project: Application to be tabled due to an additional variance for shoreline setbacks being identified. (Revised)Applicant proposes to raise an existing 1,352 sq. ft. (footprint)home to install a full basement with a footprint of 1,550 sq. ft. The existing rear deck of 444 sq. ft.to be removed and replaced with a 356 sq. ft. deck. The existing front deck of 220 sq. ft. to be removed and replaced with a 357 sq. ft. deck. The site has approval for 154 sq. ft. addition. The existing floor area of 1,949 sq. ft. is increased to 2,786 sq. ft. Site plan for new floor area in a CEA. Relief Required: The applicant requests relief for setbacks,permeability, floor area, and expansion of a nonconforming structure for construction of a basement area and deck areas. The project is located in the Waterfront Residential zone on a 9,138 sq. ft.parcel. Section 179-3-040 dimensional requirements The front deck is to be 11 ft. where a 30 ft. setback is required, 4.3 ft. to the south property line. The rear deck is to be 2.4 ft. to the north property line where a 20 ft. setback is required.. The floor area is to be 30.5% (2,786 sq. ft.)where 22% is maximum allowed (2010.36 sq ft). Noting permeability relief is not required as there is an increse in permeability-The proposed permeability is to be 71.7%where 75% is required and 71% is existing; the driveway area is to be converted to a permeable paver block area. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance.Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered to reduce the relief requested. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate to substantial relevant to the code. Relief for the front deck 9 feet, south side is 16.8 ft and the rear deck north side is 17.6 ft. Floor area is 8.5%more than allowed. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self created. The difficulty may be considered self-created. Staff comments: The applicant proposes alterations to an existing home where the home is to be lifted to install garage/storage area underneath the home to convert a crawl space to a basement. Relief is requested for three sides of the home as there are new foundation walls. The front deck has been revised to be reduced in size and the rear deck remains the same. The plans show the location of the decks and the new basement area. The project includes entry steps that are to have stormwater infiltration as part of the design. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 F" Toam of Qucen.5 Ury Area Variance Resolution To: TABLE Applicant Name: Francis &Erin Steinbach Jr. File Number: AV 74-2021 Location: 211 Assembly Point Rd. Tax Map Number: 226.19-2-18 ZBA Meeting Date: November 17, 2021; January 19, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Francis & Erin Steinbach,Jr. (Revised) Applicant proposes to raise an existing 1,352 sq. ft. (footprint)home to install a full basement with a footprint of 1,550 sq. ft. The existing rear deck of 444 sq. ft.to be removed and replaced with a 356 sq. ft. deck. The existing front deck of 220 sq. ft. to be removed and replaced with a 357 sq. ft. deck. The site has approval for 154 sq. ft. addition. The existing floor area of 1,949 sq. ft. is increased to 2,786 sq. ft. Site plan for new floor area in a CEA. Relief for setbacks,permeability, floor area, and expansion of a nonconforming structure. MOTION TO TABLE AREA VARIANCE NO. 74-2021 FRANCIS & ERIN STEINBACH JR., Introduced by , who moved for its adoption, seconded by Tabled to the meeting with any new information by Duly adopted this 19th Day of January 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 2-2022 Project Applicant: DAN SLOTE Project Location: 20 Burnt Ridge Road Parcel History: SP 1-2022; AV 85-2001; SP 45-2002 SEQR Type: Type II Meeting Date: January 19, 2022 Description of Proposed Project: Applicant proposes to construct a 1,205 sq. ft. bunk house, new septic,retaining wall and stormwater area. Existing home is 804 sq. ft. with no changes. Site plan for new floor area in a CEA and new building within 50 ft. of 15% slopes. Relief Required: The applicant requests relief for size of accessory structure. Site is located in the Waterfront Residential zone on a 0.92 ac lot. Section 179-3-040 dimensional; Section 179-5-020 accessory structures The proposed bunk house is 1,205 sq. ft. where accessory structures on the site are limited to 500 sq. ft. in total on the site. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. The project may be considered to have little to no impact on the neighboring properties. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The feasible alternatives may be considered to reduce the building size. 3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. The shoreline setback relief is 705 sq ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may be considered to have minimal 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 project includes constructing a bunk house with additional site work. The bunk house is located on existing hard surfacing and the project will have site work for retaining walls, stormwater management. The project work also includes installation of a new septic system that will be for both the main house and the bunk house. ° Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of Qucensburq, Area Variance Resolution To: Approve/Disapprove Applicant Name: Dan Slote File Number: AV 2-2022 Location: 20 Burnt Ridge Road Tax Map Number: 239.16-1-19 ZBA Meeting Date: January 19, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Dan Slote. Applicant proposes to construct a 1,205 sq. ft. bunk house,new septic,retaining wall and stormwater area. Existing home is 804 sq. ft. with no changes. Site plan for new floor area in a CEA and new building within 50 ft. of 15% slopes. Relief requested for size of accessory structure. Relief Required: The applicant requests relief for size of accessory structure. Site is located in the Waterfront Residential zone on a 0.92 ac lot. Section 179-3-040 dimensional; Section 179-5-020 accessory structures The proposed bunk house is 1,205 sq. ft. where accessory structures on the site are limited to 500 sq. ft. in total on the site. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, January 19, 2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 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. 2-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 19th Day of January 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 3-2022 Project Applicant: PATRICK CONNORS Project Location: 95 Rockhurst Road Parcel History: SP 2-2022; AST 725-2021; AST 876-2021; AV 1454-20953; SP 61-88 SEQR Type: Type II Meeting Date: January 19, 2022 Description of Proposed Project: Application to be Tabled to the January 26t'Meeting, public hearing to be left open. Applicant proposes to remove an existing deck of 644 sq. ft. to construct a 644 sq. ft. deck in the same location. The deck is attached to the existing house and has a patio area underneath. The steps from the deck to the lower patio area are to be in the same place. The existing home is 1,890 sq. ft. footprint minus the deck. There is additional work on the boat house structure. Relief Required: The applicant requests relief for setbacks for a deck addition. The parcel is located in the Waterfront Residential zone on a 0.25 ac parcel. Section 179-3-040 dimensional, Section 179-4-080 decks The deck is to be 40.94 ft. from the shoreline and 8.39 ft. from the side property line. The shoreline setback requirement is 50 ft. and the side setback requirement is 20 ft. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the existing house location and the previous deck. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal to moderate. The relief requested is 9.1 ft. to the shoreline, 11.61 ft to the North 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 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 project is to remove an existing deck to construct a new deck of 644 sq ft. The applicant has provided site photos showing the existing deck to be removed and the location of the new deck. (Application to be tabled to 112612022 per applicant request—open and leave public hearing open) Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 f Town of Queensbui}, Area Variance Resolution To: Approve/Disapprove Applicant Name: Patrick M. Connors File Number: AV 3-2022 Location: 95 Rockhurst Road Tax Map Number: 227.9-1-1 ZBA Meeting Date: January 19, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Patrick M. Connors. Applicant proposes to remove an existing deck of 644 sq. ft. to construct a 644 sq. ft. deck in the same location. The deck is attached to the existing house and has a patio area underneath. The steps from the deck to the lower patio area are to be in the same place.The existing home is 1,890 sq. ft. footprint minus the deck. There is additional work on the boat house structure. Relief is requested for setbacks. MOTION TO TABLE AREA VARIANCE NO. 3-2022 PATRICK M. CONNORS, Introduced by , who moved for its adoption, seconded by Tabled to the January 26, 2022 meeting. Duly adopted this 19th Day of January 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 6-2022 Project Applicant: GREAT ESCAPE THEME PARK,LLC. Project Location: 1172 State Route 9 Parcel History: SP 3-2022; FWW 1-2022; various others SEQR Type: Type II Meeting Date: January 19, 2022 Description of Proposed Project: Applicant proposes to remove the existing ticket entrance structure and alter the access area. The project includes construction of a 1,150 sq. ft. ticket building and a 2,750 sq. ft. entrance staging building. The project improves the green space in the project area. Site plan for new development/structures and area in the Recreation Commercial zone and hard surfacing within 50 ft. of a shoreline. Freshwater wetlands permit for work within 100 ft. of a shoreline. Relief Required: The applicant requests relief for setbacks for the construction of ticket booth building and a security screening building. Relief is also requested for light pole height. Section 179-3-040 Dimensional The proposed buildings are within the 75 ft. property line setback requirement. The Security entrance screening building is located 60.4 ft. from the front setback and the Ticket building is located 71.1 ft. The light pole is to be 35 ft. in height. 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 setbacks noted on the survey and the area noted as the entrance area for the park. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested to for the Security building is 39.6 ft and for the Ticket building is 28.9 ft. Relief is requested 15 ft in excess for the light pole. 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes construction of two new buildings for the entrance area for the Great Escape. The project includes removal of existing building and modification to the hardscape to increase the green space. The applicant has provided renditions of the buildings to be constructed with the exterior line access areas for security and ticket buildings. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of CZccnsbmy Area Variance Resolution To: Approve/Disapprove Applicant Name: Great Escape Theme Park,LLC File Number: AV 6-2022 Location: 1172 State Route 9 Tax Map Number: 288.20-1-20 ZBA Meeting Date: January 19, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Great Escape Theme Park,LLC.Applicant proposes to remove the existing ticket entrance structure and alter the access area. The project includes construction of a 1,150 sq. ft. ticket building and a 2,750 sq. ft. entrance staging building. The project improves the green space in the project area. Site plan for new development/structures and area in the Recreation Commercial zone and hard surfacing within 50 ft. of a shoreline. Freshwater wetlands permit for work within 100 ft. of a shoreline. Relief requested for setbacks and light pole height. Relief Required: The applicant requests relief for setbacks for the construction of ticket booth building and a security screening building. Relief is also requested for light pole height. Section 179-3-040 Dimensional The proposed buildings are within the 75 ft. property line setback requirement. The Security entrance screening building is located 60.4 ft. from the front setback and the Ticket building is located 71.1 ft. The light pole is to be 35 ft. in height. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, January 19, 2022. 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. 6-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 19th Day of January 2022 by the following vote: AYES: NOES: