Staff Note Packet •
•
Town of Queensbury Planning Board
Community Development Department Staff Notes
February 18, 2014
Application: Site Plan 15-2014 SEORA Type II
Applicant: Marc D. Fuchs, Betty Fuchs Public Hearing: 2-25-2014
Location: 19 Wood Point Lane Variance/Other: AV 17-2014
Zoning: WR-Waterfront Residential Waiver Requests: Stomwater, Topography,
Landscaping, land use districts, lighting&traffic
REQUESTED ACTION: Recommendation to the Zoning Board of Appeals concerning the relief
requested in the variance application as well as the potential impacts of
this project on the neighborhood and surrounding community
APPLICATION PROTOCOL: PB recommendation to ZBA: 2-18-14
ZBA review: 2-19-14 shoreline setbacks
PB review: 2-25-14 filling/hard surfacing within 50 ft. of the shoreline
PROJECT DESCRIPTION: Applicant proposes 136 +/- sq. ft. wooden patio and 23 sq. ft. of stairs
over an existing concrete area along shoreline. Site Plan: Hard-surfacing
within 50 feet of shoreline requires Planning Board review and approval.
Variance: Relief requested from minimum shoreline setbacks.
PARCEL HISTORY: AV 17-14: Pending
AV 36-10: Construction of a 480 sq. ft. garage. Relief requested from
minimum side setback requirements. 8-18-10
AV 40-02: 20 ft. x 40 ft. boathouse/sundeck and 48 sq. ft. dock. Relief
from maximum allowable dock length requirements. 6-19-02
SP 49-99: Open sided boathouse, 9-24-98
BP 11-009: 480 sq. ft. detached garage, CO issued 7-26-11
BP 98-524: Boathouse w/dock, CC issued 7-12-99
BP 09-025: Demo of single family dwelling, 2-5-98
MATERIAL REVIEW: Cover letter, application, short EAF, deed,pictures, proposed patio plan
view(3)
STAFF COMMENTS:
The applicant proposes to rehab an existing deteriorating concrete pad with a 136 sq. ft. wooden patio and 23
sq. ft. of access stairs. The plans show the existing concrete patio, the metal framing and the new decking to be
installed. The new decking area is to be accessed with stair case that will be built over an existing set of
concrete steps. The applicant has included photos showing the concrete pad and existing concrete stairs. The
applicant has indicated there are no other changes to the site and they explained that removing the deck and
rebuild have caused greater disturbance than building over the top of the structure. The applicant has requested
waivers from stormwater,topography, landscaping, land use districts, lighting and traffic.
NATURE OF VARIANCE
The applicant requests relief for reconstruction of an existing shoreline deck where a 75 ft. shoreline setback is
required and a 0 ft. setback is proposed.
SUMMARY
The Planning Board is to provide a recommendation to the Zoning Board of Appeals in reference to the
application for reconstruction of the shoreline deck and stairs with wooden decking and stairs over the existing
structure that does not meet the shoreline setback requirement where 75 ft. is required and 0 ft. is proposed.
-2 -
��� TOWN OWN OF QUEENSBURY
1 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
January 16, 2014
Marc D. &Betty R. Fuchs
12 Haswell Greene
Delmar,NY 12054
Re: Shoreline Patio
19 Wood Point Lane
Tax Map Parcels: 239.14-1-2
Dear Mr. &Mrs.Fuchs:
I am writing you with regards to my review of the above-referenced project and to document the
conversations I had with your agent Devin Dickinson regarding the same.
Upon my review I find that your project will require an Area Variance from our Zoning Board of
Appeals and Site Plan Review from our Planning Board. Specifically, your proposed project
offers the construction of a shoreline deck that does not meet the minimum shoreline setback
requirement of the Waterfront Residential (WR) district,thus the need for the variance. Site Plan
Review is necessary as the proposed deck is considered to be hardsurfacing within 50 feet of a
shoreline.
I understand that you and your agent may be preparing the necessary application materials. As
such this letter will serve as the necessary denial letter for your variance application processing.
Please note our pre-submission meeting requirements and filing deadline when organizing your
papers. Should you have any questions or comments regarding your application, please do not
hesitate to contact this office.
Sincerel ,
Craig Brown
Zoning Administrator
CB/sh
Cc: Devin Dickinson
Stefanie DiLallo Bitter, Esq. BPSR
L:1Craig Brown\2014 Letters\Denial Fuchs 1_16 14-doc
"HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE"
SETTLED 1763
TOWN OF QUEENSBURY
,V 742 Bay Road, Queensbury, NY. 12804-5902
Town of Queensbury Planning Board
Planning Board Recommendation to Zoning Board of Appeals
Area Variance 17-2014/Marc Fuchs; Betty Fuchs
Tax Map ID 239.14-1-2 /Property Address: 19 Wood Point Lane
5
The applicant has submitted an application for the following: Applic,�t proposes 136 +/- sq. ft.
wooden patio and 23 sq. ft. of stairs over an existing concrete are �'
shoreline. Site Plan:
Hard-surfacing within 50 feet of shoreline requires Plannin loard `t ?ie~w and approval.
Variances: Relief from minimum shoreline setback requiremen k {: '.k
The Town of Queensbury Zoning Ordinance
Q ury g , per Sectio 79-9-070 J 2 b. requir ,,, ,Planning
Board to provide a written recommendation to the Zoni. �•.card of A eals for ro'ecta e q uire
,�? 1k��r ti�
both Zoning Board of Appeals& Planning Board approv `• ' p 1 ' :
.'`:,:
The Planning Board has briefly reviewed and discussed this a, ation, the relief request in the
variance application as well as the poten impacts of this ,t on the neighborhood and
surrounding community, and found that: ..:
MOTION TO � ' ` ` O:.
MAKE A RECOMMEND 'I, . 0,N.. BEHALF THE PLANNING
BOARD TO THE ZONING BOARD OF APPEALS'FORtiAREA VARIANCE NO 17-2014
MARC FUCHS & BETTY FUCHS,Introduced-'' <_4` '`' oved its adoption, seconded
' . ,..�,
Y _ `''
by ; and ,., i-;.
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a) The Planning 14 d, based o,'..:limited •
revie .• has not identified any significant adverse
impacts that can no -b iti at @ th current ro ''ro sal -
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b :;pl W <
Thee arming :•: f::.base z`.' limited review, has identified the following areas of
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ty��'cem: ti � N •. tit
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Duly adopted ' fith day of Felt uary 2014 by the following vote:
AYES:
z•
NOES: fiv'
Cc: Bartlett Pontiff Stewart&Rhodes