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Staff NotesStaff Notes USE June 29, 2022 New Business: AV 23-2022 Tyler Converse AV 26-2022 Steve Dempsey AV 28-2022 Robert & Jean Tarrant AV 30-2022 Daniel Zotto & Carrie Hedderman Queensbury Zoning Board of Appeals Agenda Meeting: June 29, 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 NEW BUSINESS: Applicant(s) Tyler Converse Area Variance No AV 23-2022 Owner(s) Tyler Converse & Roberta Converse SEQRA Type Type II Age ts Van Dusen & Steves Lot Size 0.49 ac 51 & 3.79 ac 52 Location & Ward 3 April Lane Ward 3 Zoning MDR Tax Id No 308.6-1-51 & 308.6-1-52 Section 179-5-020; 179-3-040 Cross Ref UV 1-1992; SB 16-1999 Warren County Planning n/a Public Hearing June 29, 2022 Adirondack Park Agency n/a Project Description: Applicant proposes a lot line adjustment between two existing lots. Parcel 51 will increase from 0.49 to 1.08 acres and Parcel 52 will be reduced by 0.59 acres. Parcel 51 will have an existing house with an attached garage totaling 3,008 sq. ft. and a detached garage of 3,515 sq. ft.; Parcel 52 will have 5 homes and associated outbuildings to remain. Relief is requested for size of detached garage, second garage, and setback for house. Applicant(s) Steve Dempsey Area Variance No AV 26-2022 Owner(s) Steve Dempsey SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 1.05 acres Location & Ward 3239 State Route 9L Ward 1 Zoning RR-5A Tax Id No 239.18-1-49 Section 179-3-040; 179-5-020 Cross Ref AV 4-2022; AV 26-2021 Warren County Planning June 2022 Public Hearing June 29, 2022 Adirondack Park Agency ALD Project Description: Applicant proposes to remove the existing 419 sq. ft. garage and 60 sq. ft. workshop additions to the existing home during the construction of the approved additions to the home. The existing residential additions are currently under construction as part of AV 4-2022. The additions included a connection to the garage and it was determined that the foundation was deteriorated and is not repairable. The garage and workshop are to be constructed in a similar footprint. Relief is requested for setbacks. Applicant(s) Robert & Jean Tarrant Area Variance No AV 28-2022 Owner(s) Robert & Jean Tarrant SEQRA Type Type II Age ts Hutchins Engineering Lot Size 0.24 acres Location & Ward 308 Cleverdale Road Ward 1 Zoning WR Tax Id No 226.12-1-82 Section 179-3-040 Cross Ref SP 41-2022 Warren County Planning June 2022 Public Hearing June 29, 2022 Adirondack Park Agency ALD Project Description: Applicant proposes to demolish an existing home and to construct a new home with a footprint of 1,005 sq. ft. including the porch/deck areas. The new floor area is to be 2,266 sq. ft. Project includes a new septic system and site work for stormwater and landscaping. The existing garage of 365 sq. ft. and 220 sq. ft. shed are to remain. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief is requested for setbacks. Applicant(s) Daniel Zotto & Carrie Hedderman Area Variance No. AV 30-2022 Owners Daniel Zotto & Carrie Hedderman SEQRA Type Type II Agent(s) n/a Lot Size 0.28 acres Location & Ward 306 Glen Lake Road Ward 1 Zoning WR Tax Id No 289.9-1-86 Section 179-3-040; 179-4-080; 179-13-010 Cross Ref SP 42-2022 Warren County Planning n/a Public Hearing June 29, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes a 400 sq. ft. deck to be added to an existing home. The footprint of the home is 798 sq. ft. and floor area of 1,326 sq. ft. The deck is to be located facing the shoreline area. Site plan for new hard surfacing within 50 ft. of the shoreline and expansion of nonconforming structure. Relief is requested for setbacks. 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\June 29, 2022\ZBA Final Agenda June 29, 2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 23-2022 Project Applicant: Tyler Converse Project Location: 3 April Lane Parcel History: UV 1-1992; SB 16-1999 SEQR Type: Type II Meeting Date: June 29, 2022 Description of Proposed Project: Applicant proposes a lot line adjustment between two existing lots. Parcel 51 will increase from 0.49 to 1.08 acres and Parcel 52 will be reduced by 0.59 acres. Parcel 51 will have an existing house with an attached garage totaling 3,008 sq. ft. and a detached garage of 3,515 sq. ft.; Parcel 52 will have 5 homes and associated outbuildings to remain. Relief is requested for size of detached garage, second garage, and setback for house. Relief Required: The applicant requests relief for size of detached garage, second garage, and setback for house on adjoining parcel due to lot line adjustment. The parcels are located in the MDR zone. Section 179-3-040 dimensional, Section 179-5-020 garage The applicant proposes to maintain two garages where one is attached to the existing home and the other is detached. In addition, the detached garage exceeds the garage size allowed where it is 3,515 sq ft and allowed is 1,100 sq ft. The lot adjustment creates a variance for the Main House as labeled on the survey where 12 ft is proposed and 25 ft 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 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 being considered may be limited due to the location of the existing home and detached garage on the parcel. 3. Whether the requested area variance is substantial. The relief may be considered minor where 13 ft. of relief is being requested for a setback and moderate relief for the garage that exceeds the allowed size by 2415 sq ft for the detached garage. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a lot line adjustment so the detached garage and existing home are to be on one parcel. The plans show the location of the homes and accessory buildings on both parcels. The plans also show the lean-to structure at the road is to be removed. There are no changes to the other structures on the parcels. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Tnim of Queenstbiny Area Variance Resolution To: Approve / Disapprove Applicant Name: Tyler Converse File Number: AV 23-2022 Location: 3 April Lane Tax Map Number: 308.6-1-51 & 308.6-1-52 ZBA Meeting Date: June 29, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Tyler Converse. Applicant proposes a lot line adjustment between two existing lots. Parcel 51 will increase from 0.49 to 1.08 acres and Parcel 52 will be reduced by 0.59 acres. Parcel 51 will have an existing house with an attached garage totaling 3,008 sq. ft. and a detached garage of 3,515 sq. ft.; Parcel 52 will have 5 homes and associated outbuildings to remain. Relief is requested for size of detached garage, second garage, and setback for house. Relief Required: The applicant requests relief for size of detached garage, second garage, and setback for house on adjoining parcel due to lot line adjustment. The parcels are located in the MDR zone. Section 179-3-040 dimensional, Section 179-5-020 ,garage The applicant proposes to maintain two garages where one is attached to the existing home and the other is detached. In addition, the detached garage exceeds the garage size allowed where it is 3,515 sq. ft. and allowed is 1,100 sq. ft. The lot adjustment creates a variance for the Main House as labeled on the survey where 12 ft. is proposed and 25 ft. is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, June 29, 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: 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 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.23-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 29th Day of June 2022 by the following vote: AYES NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 26-2022 Project Applicant: Steve Dempsey Project Location: 3239 State Route 9L Parcel History: AV 4-2022; AV 26-2021 SEQR Type: Type II Meeting Date: June 29, 2022 Description of Proposed Project: Applicant proposes to remove the existing 419 sq. ft. garage and 60 sq. ft. workshop additions to the existing home during the construction of the approved additions to the home. The existing residential additions are currently under construction as part of AV 4-2022. The additions included a connection to the garage and it was determined that the foundation was deteriorated and is not repairable. The garage and workshop are to be constructed in a similar footprint. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for a garage/workshop removal and rebuild in the Rural Residential zone RR-5A. The parcel is 1.05 acres. Section 179-3-040- dimensional The new garage/shed addition would be 2.7 ft. from the side yard setback on the west side where a 75 ft. setback is required. The rear yard setback proposed is 24 ft. where a 100 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 may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to the location of the house on a 1.05 ac parcel. The parcel is located in the Rural Residential 5 ac zone, where almost any work on the home would require a setback variance. 3. Whether the requested area variance is substantial. The request for relief may be considered substantial where relief for the side is 72.3 ft and relief for the rear is 76 ft. The new structure is in the similar footprint as the old structure. 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 not be considered self-created as the lot is a preexisting non -conforming parcel. Staff comments: The applicant had started to prepare for the additional work approved in January 2022 and learned the garage could not be repaired with the new construction proposed. The plans show the garage location and elevation along with the other improvements to the home. The additions will be consistent with the existing home. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7'b�+7a of CZieensbui�• Area Variance Resolution To: Approve / Disapprove Applicant Name: Steve Dempsey File Number: AV 26-2022 Location: 3239 State Route 9L Tax Map Number: 239.18-1-49 ZBA Meeting Date: June 29, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Steve Dempsey. Applicant proposes to remove the existing 419 sq. ft. garage and 60 sq. ft. workshop additions to the existing home during the construction of the approved additions to the home. The existing residential additions are currently under construction as part of AV 4-2022. The additions included a connection to the garage and it was determined that the foundation was deteriorated and is not repairable. The garage and workshop are to be constructed in a similar footprint. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for a garage/workshop removal and rebuild in the Rural Residential zone —RR -SA. The parcel is 1.05 acres. Section 179-3-040- dimensional The new garage/shed addition would be 2.7 ft. from the side yard setback on the west side where a 75 ft. setback is required. The rear yard setback proposed is 24 ft. where a 100 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, June 29, 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 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. 26-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 29th Day of June 2022 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 28-2022 Project Applicant: Robert & Jean Tarrant Project Location: 308 Cleverdale Road Parcel History: SP 41-2022 SEQR Type: Type II Meeting Date: June 29, 2022 Description of Proposed Project: Applicant proposes to demolish an existing home and to construct a new home with a footprint of 1,005 sq. ft. including the porch/deck areas. The new floor area is to be 2,266 sq. ft includes the outbuilding to remain. Project includes a new septic system and site work for stormwater and landscaping. The existing garage of 365 sq. ft. and 220 sq. ft. shed are to remain. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the new home to be constructed in the Waterfront Residential zone WR. The parcel is 0.24 ac. Section 179-3-040 dimensional, Section 179-4-080 decks/porches The porch stairs are to be 37.5 ft. from the shoreline where a 50 ft. setback is required. The house is to be 16.3 ft. from the north side and the garage is to be 1.0 ft. where a 20 ft. setback is required. The house is to be 15.8 ft. from the south side and the existing shed is to be 1.5 ft. where a 20 ft. setback is required. The garage is to be 6.5 ft. from the front setback where a 30 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. 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. Feasible alternatives may be considered as the project is a new home. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief for the shoreline setback is 12.5 ft. The north side relief for the house is 3.7 ft and for the garage is 19 ft. The south side setback is 4.2 ft for the house and the existing shed is 18.5 ft. The garage relief is to be 23.5 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 to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes to construct a new home on the site with associated site work. The plans show the new home with elevations and floor plans. The site work includes new septic, stormwater management, new plantings for the site. The applicant has indicated the house proposed is a smaller footprint than the original home that was constructed in the 1800's. Zoning Board of Appeals Community Development Department Staff Notes LaBella Powered by partnet-hip, June 7, 2022 Mr. Craig Brown Zoning Administrator and Code Compliance Officer Town of Queensbury 742 Bay Road Queensbury, New York 12804 Delivered via email only: CraigB@queensbury.net Re: Robert and Jean Tarrant Town of Queensbury, Warren County, New York Labella Project # 2220706.30 Queensbury Ref #SP41-2022 Dear Mr. Brown: LaBella Associates has received a submission package from your office for the above referenced project. The Applicant is proposing to tear down an existing house and build a smaller home that is more conforming in its location upon the parcel. The applicant is also proposing to construct a new enhanced on -site wastewater treatment system, as well as stormwater management and shoreline buffering. Information submitted to our office for review includes the following: • APA letter, dated April 20, 2022; • Architectural drawings, prepared by Curt Dybas, dated September 14, 2021; • Cover Letter, prepared by Hutchins Engineering PLLC, dated May 16, 2022; • Height and Elevations, prepared by Hutchins Engineering PLLC, dated March 30, 2022; • Lot Width Computations, prepared by Hutchins Engineering PLLC, dated March 22, 2022; • Site Plan Application, prepared by Hutchins Engineering PLLC, dated May 16, 2022, and; • Site Plans, prepared by Hutchins Engineering PLLC, dated October 14, 2021. Your office has requested that we limit our review to the design of stormwater system as it relates to compliance of local, state, or relevant codes and regulations. Based upon our review, LaBella offers the following comments for the Town's consideration: Stormwater Management and Erosion and Sediment Control Comments 1. According to the site plan review application, the proposed site improvements will disturb less than one (1) acre and thus the project is not required to obtain coverage under the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-20-001). However, this project falls within the Lake George watershed and therefore is subject to the stormwater management requirements set forth in Section 147-11 of the Town Code for projects within the Lake George Park. Comments related to the stormwater management and erosion and sediment control features proposed for the site are offered below: 2. According to the site plans, this project proposes land disturbance of 9,000 (+/-) square feet and is classified as a minor project for stormwater management by Town Code Section 147-11.E(1)(a). 20 Elm Street 1 Suite 1101 Glens FaLls. NY 128oi p (518) 812-0513 ,-vv/ w,Labo- Uapc,corn Town of Queensbury Robert and Jean Tarrant June 6, 2022 Page 2 of 2 With the minor project classification, the Applicant has opted to use the alternative stormwater calculation method described in Town code section 147-11.1(2)(a), which allows a flat rate of 1.5 gallons of stormwater to be used for every square foot net increase in impervious area, where net increase is the difference between predevelopment and post development conditions. It is noted that the site improvements will result in a net decrease in impervious area. The Applicant is proposing stormwater management practices that are not required but are highly recommended. Prior correspondence with the LGPC has generally concluded that when stormwater control measures are not required but are provided, the design standards can be less stringent (except for separation distances to wastewater absorption fields and potable water wells). 3. There does not appear to be soil test pits or infiltration test results provided for the proposed infiltration areas. The Applicant should ensure at the time of construction that the soil within the infiltration basins has infiltrative capacity and separation to ground water exists. 4. It does not appear that silt fence is depicted downgradient of the stormwater practices (the lowest land disturbance activities). The Applicant to revise their erosion and sediment control plan to incorporate silt fence below all areas of disturbance. 5. It appears multiple retaining walls are proposed on the site plans. The NYS Standards and Specifications for Erosion and Sediment Control (SSESC) states, "The design of any retaining wall structure must address the aspects of foundation bearing capacity, sliding, overturning, drainage and loading systems. These are complex systems that should be designed by licensed professional engineer. " The Applicant to provide the design for the wall prior to construction so long as the Town does not take exception to this approach. The design shall be developed in accordance with the NYS SSESC and other regulating documents (for example, the residential building code). Conclusion & Recommendation It is our opinion that the applicant should provide clarification for the above items and incorporate changes in subsequent plan submissions. In the event the Planning Board or Town staff have any questions or require additional information, please do not hesitate to contact me at (518) 824-1926. Sincerely, 1"q? -rjtF- Sean M. Doty, P.E., LEED AP, CPMSM Senior Civil Engineer/ Regional Leader cc: Shauna Baker, Town Planning Office Administrator (via email) Laura Moore, Town Land Use Planner (via e-mail) File Z:\2022Projects\Queensbury, Town ot\2220706.30 - Robert & lean Tarrant SP-41-2022\05_Design\Civil\M uni\rev\2220706.30-Tarrant-SP41-2022-2022-06-07-Ll.doa Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 bivn of (tueensbui), Area Variance Resolution To: Approve / Disapprove Applicant Name: Robert & Jean Tarrant File Number: AV 28-2022 Location: Tax Map Number: ZBA Meeting Date: 308 Cleverdale Rd. 226.12-1-82 June 29, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Robert & Jean Tarrant. Applicant proposes to demolish an existing home and to construct a new home with a footprint of 1,005 sq. ft. including the porch/deck areas. The new floor area is to be 2,266 sq. ft. Project includes a new septic system and site work for stormwater and landscaping. The existing garage of 365 sq. ft. and 220 sq. ft. shed are to remain. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the new home to be constructed in the Waterfront Residential zone WR. The parcel is 0.24 ac. Section 179-3-040 dimensional, Section 179-4-080 decks/porches The porch stairs are to be 37.5 ft. from the shoreline where a 50 ft. setback is required. The house is to be 16.3 ft. from the north side and the garage is to be 1.0 ft. where a 20 ft. setback is required. The house is to be 15.8 ft. from the south side and the existing shed is to be 1.5 ft. where a 20 ft. setback is required. The garage is to be 6.5 ft. from the front setback where a 30 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, June 29, 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. 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.28-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 29th Day of June 2022 by the following vote: FEW NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 30-2022 Project Applicant: Daniel Zotto & Carrie Hedderman Project Location: Parcel History: SEQR Type: Meeting Date: 306 Glen Lake Road SP 42-2022 Type II June 29, 2022 Description of Proposed Project: Applicant proposes a 400 sq. ft. deck to be added to an existing home. The footprint of the home is 798 sq. ft. and floor area of 1,326 sq. ft. The deck is to be located facing the shoreline area. Site plan for new hard surfacing within 50 ft. of the shoreline and expansion of nonconforming structure. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of deck addition in the Waterfront Residential zone- WR. The parcel is 0.29 ac. Section 179-4-080 decks/porches The 400 sq. ft. deck addition is to 21.5 ft. to the shoreline where a 50 ft. setback is required and 8 ft. to the east side property line where 15 ft. 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 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. 3. Whether the requested area variance is substantial. The relief requested may be considered minor relevant to the code. Relief requested for shoreline setback is 28.5 ft and relief for the east property line is 7 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 may be considered to have minimal to no impact on the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• Applicant proposes construction of a 400 sq ft deck addition to the existing home as shown on the survey. The deck is to be 12 inches off the ground per the plans. The deck will allow for additional space for deck items. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7bwn of (Lieensbiny Area Variance Resolution To: Approve / Disapprove Applicant Name: Daniel Zotto & Carrie Hedderman File Number: AV 30-2022 Location: 306 Glen Lake Rd. Tax Map Number: 289.9-1-86 ZBA Meeting Date: June 29, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Daniel Zotto & Carrie Hedderman. Applicant proposes a 400 sq. ft. deck to be added to an existing home. The footprint of the home is 798 sq. ft. and floor area of 1,326 sq. ft. The deck is to be located facing the shoreline area. Site plan for new hard surfacing within 50 ft. of the shoreline and expansion of nonconforming structure. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of deck addition in the Waterfront Residential zone- WR. The parcel is 0.29 ac. Section 179-4-080 decks/porches The 400 sq. ft. deck addition is to 21.5 ft. to the shoreline where a 50 ft. setback is required and 8 ft. to the east side property line where 15 ft. is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, June 29, 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. 30-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 29th Day of June 2022 by the following vote: I:Q.� NOES