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Minutes AV 9-2022 (Seelye) 3.16.22(Queensbury ZBA Meeting 03/16/2022) 1 AREA VARIANCE NO. 9-2022 SEQRA TYPE TYPE II KATHARINE SEELYE AGENT(S) ETHAN HALL (RUCINSKI HALL ARCHITECTURE) OWNER(S) KATHARINE SEELYE ZONING WR LOCATION 14 CROOKED TREE DRIVE APPLICANT PROPOSES A SECOND STORY DORMER (136 SQ. FT.) AND INTERIOR ALTERATIONS. THE DORMER ADDITION IS TO BE OPEN BELOW AND THE EXISTING LOFT TO BE ENCLOSED FOR A BUNK-ROOM. THE PROJECT INCLUDES FAÇADE CHANGES WITH NEW WINDOWS TO BE INSTALLED ON THE MAIN FLOOR AND UPPER FLOOR. THE EXISTING HOME WITH A FOOTPRINT OF 1,289 SQ. FT., DECK/PORCH 700 SQ. FT., AND FLOOR AREA OF 2,788 SQ. FT. HAVE NO CHANGES. NO SITE WORK IS PROPOSED. SITE PLAN FOR EXPANSION OF A NONCONFORMING STRUCTURE IN A CEA. RELIEF REQUESTED FOR SHORELINE SETBACKS. CROSS REF SP 11-2022; AV 70-2017; AV 53-2017; SP 55-2017 WARREN COUNTY PLANNING MARCH 2022 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.62 ACRES. TAX MAP NO. 239.15-1-10 SECTION 179-3-040; 179-13-010; 179-6-050 ETHAN HALL, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 9-2022, Katharine Seelye, Meeting Date: March 16, 2022 “Project Location: 14 Crooked Tree Drive Description of Proposed Project: Applicant proposes a second story dormer (136 sq. ft.) and interior alterations. The dormer addition is to be open below and the existing loft to be enclosed for a bunk-room. The project includes façade changes with new windows to be installed on the main floor and upper floor. The existing home with a footprint of 1,289 sq. ft., deck/porch 700 sq. ft., and floor area of 2,788 sq. ft. have no changes. No site work is proposed. Site plan for expansion of a nonconforming structure in a CEA. Relief requested for shoreline setbacks. Relief Required: The applicant requests relief for shoreline setbacks for the construction of a dormer. The project site is in the WR zone and is located on 0.37 ac. Section 179-3-040 dimensional The dormer is to be located 33 ft. to the shoreline where a 75 ft. setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood character may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the location of the existing home. The existing home is a non-conforming structure. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief requested 42 ft. for the shoreline setback. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The existing home footprint of 1,209 sq. ft. and 700 sq. ft. deck/porch is to remain. The addition is to the second floor for a dormer that is open to the porch below – no new floor area. The plans show the main floor plan existing where most of the work on the main floor is the three season porch and office area, exterior façade and windows. The second floor area shows the existing condition of three bedrooms on the lake side and then the proposed where the middle bedroom is converted to open loft area and the area above the three season porch to a dormer with area open to the porch area below – allowing additional window light for the porch area. The plans show the elevation views existing and proposed.” (Queensbury ZBA Meeting 03/16/2022) 2 MR. URRICO-And the Planning Board, based on its limited review, did not identify any significant adverse impacts that cannot be mitigated with the current project proposal, and that motion was adopted March 15th, 2022 by a unanimous vote of seven zero. MR. UNDERWOOD-Ethan. MR. HALL-Good evening. For your records my name is Ethan Hall. I’m a principle with Rucinski Hall Architecture, here tonight representing Kathy Seelye, 14 Crooked Tree Drive. Roy pretty much read it in as it is. It’s a year round residence that Katharine uses pretty much year round. She lives in Boston and commutes back and forth in the winter. She’s here all summer, but she does intend to be here year round once she retires. The idea is the front porch has a, there’s a three season porch that’s going to be converted into year round and a small office that’s on the east side of the building. From the living room and dining room area it’s rather muted. You really can’t see out from the lake because of everything that’s in front. So the idea here is to open up the wall between the living room/dining room area, open that office up and make whole front visible to the lake. It really faces due north so trying to get as much light into the house as they can get is really the idea here. So we’ve added a dormer that goes up to the second floor and opens it into the lower area. Ultimately there’s a decrease in the total number of bedrooms the way it’s set up. We lose the very small bedroom in the top that becomes the open loft to t he space down below. So it’s really a change in volume. There’s no change to the footprint since we’re going up with it, but because the building sits 33 feet from the lake right now, that’s the need for the variance. MR. UNDERWOOD-So it’s essentially just going to be construction inside. No disturbance on site. MR. HALL-No site disturbance. We’re not physically altering the outside footprint of the building. We’re just going up and it’s really just the center section of it. Do you have that front elevation? The front of it right now has a, you can kind of see the smaller second floor windows and then kind of a shed roof. The windows that you see there are the office and then the screened porch or the three season porch runs from the west side of the building. The idea is the new dormer comes up off of the front wall and then goes back to the main ridge of the house and kind of opens that whole space up to the inside. All of the glass that we’re looking at putting in there is all the non-reflective, non-glare glass. It’s all super insulated glass. MR. UNDERWOOD-For the benefit of the Board, we had previously granted approvals for Area Variances in 2017 on this parcel and then everything was upgraded at that point in time. Any que stions from Board members? I guess I’ll open the public hearing. Any members of the public wishing to speak? Any correspondence, Roy? PUBLIC HEARING OPENED MR. URRICO-Yes, there’s one letter. “As the next door neighbors we have no problem with the request for a variance.” And that’s Barry and Mark Handleman, 3142 Route 9L. MR. UNDERWOOD-All right, anything else you want to add? MR. HALL-It seems pretty straightforward. MR. UNDERWOOD-All right. I guess I’ll start with you, Brady. MR. STARK-I am in favor of the project. This seems pretty straightforward. MR. UNDERWOOD-Roy? MR. URRICO-Yes, I’m okay with this project as proposed. MR. UNDERWOOD-Cathy? MRS. HAMLIN-The same. MR. HENKEL-It makes sense. MR. UNDERWOOD-Brent? MR. MC DEVITT-I’m in favor of the project. They’re losing a bedroom. There’s no change, as Ethan said, really in terms of the volume, no site disturbance. It’s a pretty easy one. So I’m in favor. MR. UNDERWOOD-And I too would be in favor of the project. It’s a simple project. Does somebody want to make a motion on this? MRS. DWYRE-Would you like to close that public hearing? (Queensbury ZBA Meeting 03/16/2022) 3 MR. UNDERWOOD-I’ll close the public hearing. PUBLIC HEARING CLOSED The Zoning Board of Appeals of the Town of Queensbury has received an application from Katharine Seelye. Applicant proposes a second story dormer (136 sq. ft.) and interior alterations. The dormer addition is to be open below and the existing loft to be enclosed for a bunk -room. The project includes façade changes with new windows to be installed on the main floor and upper floor. The existing home with a footprint of 1,289 sq. ft., deck/porch 700 sq. ft., and floor area of 2,788 sq. ft. have no changes. No site work is proposed. Site plan for expansion of a nonconforming structure in a CEA. Relief requested for shoreline setbacks. Relief Required: The applicant requests relief for shoreline setbacks for the construction of a dormer. The project site is in the WR zone and is located on 0.37 ac. Section 179-3-040 dimensional The dormer is to be located 33 ft. to the shoreline where a 75 ft. setback is required. SEQR Type II – no further review required; A public hearing was advertised and held on Wednesday, March 16, 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: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because this project is just improving a property. 2. Feasible alternatives can be considered limited because of the home’s location and its already nonconforming structure. 3. The requested variance is minimal relative to the Code. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty may be considered self-created. 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) 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) 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 AREA VARIANCE NO. 9-2022 KATHARINE SEELYE, Introduced by Brady Stark, who moved for its adoption, seconded by Brent McDevitt: Duly adopted this 16th Day of March 2022 by the following vote: AYES: Mr. Henkel, Mr. Urrico, Mr. Stark, Mrs. Hamlin, Mr. McDevitt, Mr. Underwood NOES: NONE ABSENT: Mr. McCabe