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Staff Notes for 7/20/2022Staff Notes July 20, 2022 REMINDER: Stormwater Training - Wednesday, July 20, 2022 at 6:00 PM Administrative Items: Stormwater Training for ZBA Members at 6PM Approval of Meeting Minutes June 22, 2022 & June 29, 2022 New Business: SV 4-2022 Tidal Wave Auto Spa Tabled Items: AV 20-2022 Eric Carlson AV 21-2022 Red's LG, LLC. New Business: AV 32-2022 Christopher & Eva Detmer AV 33-2022 Frank Parillo AV 34-2022 Harley Griffiths AV 38-2022 Brett & Pamela West Queensbury Zoning Board of Appeals Agenda Meeting: July 20, 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 Item: Stormwater Training for ZBA Members 6:00 pm Approval of Meeting Minutes June 22, 2022 and June 29, 2022 NEW BUSINESS: Applicant(s) Tidal Wave Auto Spa Sin Variance No. SV 4-2022 Owner(s) Twas Quaker Road LLC SEQRA Type Unlisted A ent s Tracey Diehl Lot Size 3.83 acres Location & Ward 708 Quaker Road Ward 2 Zoning CI Tax Id No 303.15-1-12 Section 140 Cross Ref SP 68-2021; SV 1-2017; SP 51-2015; SV 1425-20232 Warren County Planning June 2022 Public Hearing Jul 20, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes a freestanding sign of 42.3 sq. ft. at Dix Avenue and Quaker Road for the Tidal Carwash Facility. A wall sign of 68 sq. ft. is to be on the main car wash building facing Quaker Road. The menu sign panels are proposed to be at the wash entrance and be 22.75 sq. ft. each or 45.5 sq. ft. total as they are adjacent to each other. Relief requested for setbacks, size of wall sign, and number of signs. TABLED ITEMS: Applicant(s) Eric Carlson Area Variance No AV 20-2022 Owner(s) Eric Carlson SEQRA Type Type II Agent(s) Chris Keil (Environmental Design Partner) Lot Size 1.25 acres Location 67 Brayton Lane Zoning WR Ward No. Ward 1 Tax Id No 239.12-2-84 Section 179-3-040; 147 chapter 94; 179-5-020 Cross Ref SEP 241-2019, SP 26-2022 Warren County Plannin Ma 2022 Public Hearing May 18, 2022; July 20, 2022 Adirondack Park Agency ALD Project Description: (Revised) Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with an attached garage. The home will have a footprint of 3,381 sq. ft. The new floor area of 6,033 sq. ft. The project includes new stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hard -surfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, driveway greater than 10%, and Freshwater wetland work within 100 ft. of the wetland. Relief requested for setbacks, height of garage, and stormwater device less than 100 ft. from shoreline. Applicant(s) Reds LG,LLC Area Variance No. AV 21-2022 Owners Reds LG, LLC SEQRA Te Type II Agent(s) Nicholas Ze len (Environmental Design Partner) Lot Size 0.53 acres Location 7, 9, 13 Nutley Lane Zoning WR Ward No. Ward 1 Tax Id No 239.17-1-15 Section 179-3-040; 147; 179-13-010 Cross Ref SEP 37-2021, SP 29-2022 Warren County Planning May 2022 Public Hearing May 18, 2022; July 20, 2022 Adirondack Park Agency ALD Proiect Description: (Revised) Applicant proposes to complete alterations to two existing dwelling units on the site and complete construction of a bunkroom with no kitchen on the site. Alterations include 7 Nutley Lane new building of 540 sq. ft. which includes one bedroom, 184 sq. ft. open porch, and 24 sq. ft. covered entry area; alterations to 9 Nutley Lane 704 sq. ft. footprint with two bedrooms and kitchen (floor area of 1,408 sq. ft.), new open deck of 440 sq. ft. with walkout area below; alterations to 13 Nutley Lane include interior alterations (existing floor area of 2,134 sq. ft. with four bedrooms). Project includes grass depression areas for stormwater management, shoreline plantings, and construction of a retaining wall. Site plan for new floor area for 7 Nutley Lane, expansion of nonconforming structure for 9 Nutley Lane, and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline, adding a third dwelling unit, and permeability. Queensbury Zoning Board of Appeals Agenda Meeting: July 20, 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) Christopher & Eva Detmer Area Variance No AV 32-2022 Owner(s) Christopher & Eva Detmer SEQRA Type Type II Agent(s) David H. Bogardus Lot Size 1.47 acres Location & Ward 70 Browns Path Ward 2 Zoning MDR Tax Id No 296.11-1-9 Section 179-3-040; Chapter 94 Cross Ref SP 45-2022; FWW 9-2022 Warren County Planning n/a Public Hearing July 20, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes to construct a new single family dwelling with an attached garage. The home is 2,237 sq. ft. The project site contains wetlands and includes site work for retaining wall, septic and driveway area. Site plan for hard surface within 50 ft. of the shoreline and Freshwater Wetlands work within 100 ft. of a wetland. Relief requested for setbacks. Applicant(s) Frank J. Parillo Area Variance No AV 33-2022 Owner(s) Frank J. Parillo SEQRA Type Type II Agent(s) Van Dusen & Steves Lot Size 4.38 acres Location & Ward 199 Corinth Road Ward 4 Zoning CI-18 Tax Id No 309.13-2-2 Section 179-3-040 Cl 18; 179-4-050 Cross Ref SUB 6-2022; SUB 7-2022; PZ 143-2016; PZ 74-2016; PZ 54-2016; SP 2-2013; SP 31- 2012; SP 54-2011; SV 53-2011 Warren County Planning July 2022 Public Hearing July 20, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes a two -lot commercial subdivision of a 4.39 acre parcel. The new parcels are to be 1.29 ac with the existing Taco Bell and the 3.1 ac is to be vacant and become a corner lot. The 1.29 acre parcel is a developed parcel for Taco Bell with one exit point to Corinth Road. Waivers are requested for landscaping, clearing, grading and erosion control, and stormwater as no new development is proposed at this time. Subdivision for creation of two lots. Relief requested for access frontage. Applicant(s) Harley Griffiths Area Variance No AV 34-2022 Owner(s) Tia & Harley Griffiths SEQRA Type Type II A ent s SRA Engineers, Erik Sandblom Lot Size 0.24 acres Location & Ward 298 Cleverdale Road Ward I Zoning WR Tax Id No 226.12-1-86 Section 179-3-040; 179-4-080 Cross Ref SP 47-2022 Warren County Planning July 2022 Public Hearing July 20, 2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes a 200 sq. ft. deck addition to an existing bunkhouse of 740 sq. ft.(+/-). The existing home is 1,301 sq. ft. (+/-) footprint with 1,300 sq. ft. (+/-) footprint porch/deck areas and is to remain with no changes. Site plan for expansion of nonconforming structure in a CEA. Relief for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: July 20, 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 Applicant(s) Brett & Pamela West Area Variance No. AV 38-2022 Owners Brett & Pamela West SE RA Type Type II Agent(s) Environmental Design Partners (Gavin Vuillaume) Lot Size 0.96 ac Location & Ward 106 Bay Parkway Ward 1 Zoning WR Tax Id No 226.15-1-17 Section 179-3-040; Chapter 94; Chapter 147 Cross Ref FWW 10-2022; AV 38-2022; AV 57-2021; SP 5 1 - Warren County Planning July 2022 2021; PZ 210-2016; PZ 95-2016; PZ 89-2016; SP 37-2009; AV 47-2007; SP 39-2007 Public Hearing July 20, 2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes to demo existing home plus shed and construct a new 2 story home with a 5,436 sq. ft. footprint with a garage. Also included is installation of permeable pavers for patio and driveway areas and a covered walkway between the two properties. The new floor area will be 8,670 sq. ft. where the maximum allowed is 8,687 sq. ft. The project includes site work for new landscaping shoreline and residential house, septic, and stormwater management. Lot line adjustment but no change to lot size. Area variance granted 3/23/2022 for setbacks, number of garages, and stormwater device setbacks. Revision to Site Plan to include Freshwater wetlands work within 100 ft. of a designated wetland. Relief requested for wetland setback. 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\July 20, 2022\Final ZBA Agenda July 20, 2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 4-2022 Project Applicant: Tidal Wave Auto Spa Project Location: 708 Quaker Road Parcel:History: SP 68-2021; SV 1-2017; SP 51-2015; SV 1425-20232 SEAR Type: Unlisted i Meeting Date July 20, 2022 Description of Proposed Project: Apcanproposes a freestanding sign of 42.3 sq. ft. at Dix Avenue and Quaker Road for the Tidal Carwash Facility. A wall sign of68 sq. ft. is to be on the main car wash building facing Quaker Road. The menu sign panels are proposed to be a' lie wash. entrance and be 22.75 sq. ft. each or 45.5 sq. ft. total as they are adjacent to each other. Relief requested for setbacks, size of wall sign, and number of signs. ReliefRequired: The applicant requests relief for setbacks, size of wall sign, and number of signs. The site is located in a CI zone on a 3.83 ac parcel. Chapter 140 Sign One Wall sign. to be 68 sq ft on Quaker Road where 30 sq ft is the maximum sign allowed. Additional menu signs at 22.75 sq ft each where two are proposed are considered free standing- where 4 free standing are proposed and only are two are allowed. The Dix Avenue free standing sign is proposed to be 7 ft setback from the property line where a 15 ft setback is required. Criteria forconsidering a Sign Variance according to Chapter 140 of Town Law: In Imaking a determination, the board shall consider: L 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 sign variance. Minor to no impacts to the neighborhood may be anticipated as the previous tenant had similar signage. 2 Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be considered to reduce the size of the wall sign, number of signs and relocate the one free standing sign to a compliant location. 3 Whether the requested sign variance is substantial. The relief may be considered moderate relevant to the 'code: ;The; signs exceed the number allowed due to the menu board being considered free standing and the wall sign 38 sq ft larger 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. Minor to no impacts 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. Staf>'coniments: i The applicant proposes a new sign configuration that is similar to the previous tenant's signage for the same use. The plans'show the free standing signs, the wall sign, and the directional signage for the site. -220191M.- Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Queensbury Sign Variance Resolution To: Approve / Disapprove Applicant Name: Tidal Wave Auto Spa File Number: SV 4-2022 Location: 708 Quaker Road Tax Map Number: 303.15-1-12 ZBA Meeting Date: July 20, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Tidal Wave Auto Spa: Applicant proposes a freestanding sign of 42.3 sq. ft. at Dix Avenue and Quaker Road for the Tidal Carwash Facility. A wall sign of 68 sq. ft. is to be on the main car wash building facing Quaker Road. The menu sign panels are proposed to be at the wash entrance and be 22.75 sq. ft. each or 45.5 sq. ft. total as they are adjacent to each other. Relief requested for setbacks, size of wall sign, and number of signs. Relief Required: The applicant requests relief for setbacks, size of wall sign, and number of signs. The site is located in a Cl zone on a 3.83 ac parcel. Chapter 140 Sign One wall sign to be 68 sq ft on Quaker Road where 30 sq ft is the maximum sign allowed. Additional menu signs at 22.75 sq ft each where two are proposed are considered free standing- where 4 free standing are proposed and only are two are allowed. The Dix Avenue free standing sign is proposed to be 7 ft setback from the property line where a 15 ft setback is required. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 4-2022. Applicant Name: Tidal Wave Auto Spa based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 20th Day of July 2022, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, July 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. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 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) , Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the following A through E): A. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; B. If the property is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA's review is completed; C. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & codes personnel' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Based on the above findings I make a MOTION TO APPROVE / DENY Sign Variance 4-2022, Tidal Wave Auto Spa, Introduced by , who moved for its adoption, seconded by Duly adopted this 2011 Day of July 2022, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 20-2022 Project Applicant: Eric Carlson Project Location: 67 Brayton Lane Parcel History: SEP 241-2019, SP 26-2022 SEQR Type: Type II Meeting Date: July 20, 2022 Description of Proposed Project: (Revised) Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with an attached garage. The home will have a footprint of 3,381 sq. ft. The new floor area of 6,033 sq. ft. The project includes new stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hard -surfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, driveway greater than 10%, and Freshwater wetland work within 100 ft. of the wetland. Relief requested for setbacks and stormwater device less than 100 ft. from shoreline. Relief Required: The applicant requests relief for setbacks and stormwater device less than 100 ft. from shoreline in regard to construction of a new home with an attached garage. The parcel is 1.25 ac and in the Waterfront Residential zone-WR. Section 179-3-040 dimensional, Chapter 147 stormwater device Revised with the garage being attached to the proposed home which removes the height variance. The portion of the home with the garage is located 6 ft. from the property line where a 25 ft. setback is required. The stormwater device is to be 50 ft. where 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. The project may be considered to have little to no impact on the neighboring properties as the home is moved further from the back and detached building is in similar location as previous. 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 limited due to the lot shape, proximity to wetland, and shared access by adjoining properties. 3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to the code. Relief for the setback is 19 ft. and stormwater device location is 50 ft. (revisions relief requested is less) 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 location of the new home with covered porch areas and attached garage. 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 r' Town of Quemsbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Eric Carlson File Number: AV 20-2022 Location: 67 Brayton Lane Tax Map Number: 239.12-2-84 ZBA Meeting Date: July 20, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Eric Carlson. (Revised) Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with an attached garage. The home will have a footprint of 3,381 sq. ft. The new floor area of 6,033 sq. ft. The project includes new stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion control. Site plan for new floor area in a CEA, hard -surfacing within 50 ft. of the shoreline, new structure within 50 ft. of 15% slopes, driveway greater than 10%, and Freshwater wetland work within 100 ft. of the wetland. Relief requested for setbacks and stormwater device less than 100 ft. from shoreline. Relief Required: The applicant requests relief for setbacks and stormwater device less than 100 ft. from shoreline in regard to construction of a new home with an attached garage. The parcel is 1.25 ac and in the Waterfront Residential zone-WR. Section 179-3-040 dimensional, Chapter 147 stormwater device Revised with the garage being attached to the proposed home which removes the height variance. The portion of the home with the garage is located 6 ft. from the property line where a 25 ft. setback is required. The stormwater device is to be 50 ft. where 100 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 18, 2022 and July 20, 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.20-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 20th Day of July 2022 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 21-2022 Project Applicant: Reds LG, LLC. Project Location: 7, 9 & 13 Nutley Lane Parcel History: SEP 37-2021, SP 29-2022 SEQR Type: Type II Meeting' Date: July 20, 2022 Description of Proposed Project: (Revised) Applicant proposes to complete alterations to two existing dwelling units on the site and complete construction of a bunkroom with no kitchen on the site. Alterations include 7 Nutley Lane new building of 540 sq ft-` which in one bedroom, 184 sq. ft. open porch, and 24 sq. ft. covered entry area; alterations to 9 Nutley Lane 704 sq. ft. footprint with two bedrooms and kitchen (floor area of 1,408 sq. ft.), new open deck of 440 sq: ft. with walkout area below; alterations to 13 Nutley Lane include interior alterations (existing floor area of 2,134 sq. ft. with four bedrooms). Project includes grass depression areas for stormwater management, shoreline',plantings, and construction of a retaining wall. Site plan for new floor area for 7 Nutley Lane, expansion of nonconforming structure for 9 Nutley Lane, and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline, an oversized accessory structure, and permeability. []Relief Required: Revised. The applicant requests relief for setbacks, expansion of nonconforming, stormwater devices less than l00 eft'. from shoreline, completion of a bunk house —no kitchen, and permeability. The parcel is 0.53 acres and located :ir 'the Waterfront Residential zone —WR. Section 119-3-040 dimensional, Chapter 147 Revised no kitchen in 7 Nutley would be considered a bunk house; reduced size of deck at 7 Nutley to 184 sq ft {Tie project work on the buildings includes existing and proposed requires relief: Setbacks for 7 Nutley Lane area 16 ft:to the north property line and for 9 Nutley Lane 4 ft to the north property line where a 20 ft setback is required; on the south property line 7 Nutley Lane area 10 ft to the south property line and for 9 Nutley Lane 12 ft to -'the Isouth' property line where a 20 ft setback is required. Expansion of non -conforming. Stormwater device of shallow grass depressions at 19 ft from the shoreline where a 100 ft setback is required. 7 Nutley Lane converted to a bunk house with no kitchen. In addition the deck on at 7 Nutley has been reduced to meet the setbacks !Relief for an accessory structure of 540 sq ft of 7 Nutley Lane greater than 500 sq ft maximum size 41w, Permeability existing is 67. 78% and improved to 68. 77% proposed where 75% is required- noting no 'relief as required as the site is improving the permeability on 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. Minor to no impacts to the { neighborhood may be anticipated. i 2. Whether: the benefit sought by the applicant can be achieved by some method, feasible for the applicantjo pursue, other,than an area variance. The third dwelling has removed the kitchen as part of the revision. The setback and permeability variances may be limited due to lot shape and location of the buildings n the site. 3 V ;hether ihe.requested area variance is substantial. The relief requested is substantial relevant to the code. ; 7Nutley Lane relief —North side setback of 4ft, South side setback of 10 ft. 9 Nutley Lane relief — North side setback of 16 ft, South side setback of 8 ft. 9 Nutley Lane requires relief for expansion of a f nonconforming structure: Relief is requested for the stormwater management 81 ft. The device is also assisting with bank stabilization. Accessory structure size relief for 40 sq ft. 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. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. The applicant has received approval for and has installed a new septic system that accommodates each of the dwelling units and the bunk house on the site. J5, ; Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff'commients:, The'applcant'requests to maintain after the fact construction of 7 Nutley Lane revised with no kitchen and a smaller deck'and .9 Nutley Lane for deck expansion. The plans show the buildings and the work that has been almost completed on each of the buildings. The plans show revision with additional stormwater management on the site and shoreline plantings. 1: , I I I I I ' 1 I Ili � I �Ii Zoning Board of Appeals ;;Co nity Development Department Staff Notes Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Reds LG, LLC File Number: AV 21-2022 Location: 7, 9, 13 Nutley Lane Tax Map Number: 239.17-1-15 ZBA Meeting Date: July 20, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Reds LG, LLC. (Revised) Applicant proposes to complete alterations to two existing dwelling units on the site and complete construction of a bunkroom with no kitchen on the site. Alterations include 7 Nutley Lane new building of 540 sq. ft. which includes one bedroom, 184 sq. ft. open porch, and 24 sq. ft. covered entry area; alterations to 9 Nutley Lane 704 sq. ft. footprint with two bedrooms and kitchen (floor area of 1,408 sq. ft.), new open deck of 440 sq. ft. with walkout area below; alterations to 13 Nutley Lane include interior alterations (existing floor area of 2,134 sq. ft. with four bedrooms). Project includes grass depression areas for stormwater management, shoreline plantings, and construction of a retaining wall. Site plan for new floor area for 7 Nutley Lane, expansion of nonconforming structure for 9 Nutley Lane, and hard surfacing within 50 ft. of the shoreline. Relief requested for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline, an oversized accessory structure, and permeability. Relief Required: Revised. The applicant requests relief for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline, completion of a bunk house —no kitchen, and permeability. The parcel is 0.53 acres and located in the Waterfront Residential zone —WR. Section 179-3-040 dimensional, Chapter 147 Revised — no kitchen in 7 Nutley would be considered a bunk house; reduced size of deck at 7 Nutley to 184 sq ft. The project work on the buildings includes existing and proposed requires relief. Setbacks for 7 Nutley Lane area 16 ft to the north property line and for 9 Nutley Lane 4 ft to the north property line where a 20 ft setback is required; on the south property line 7 Nutley Lane area 10 ft to the south property line and for 9 Nutley Lane 12 ft to the south property line where a 20 ft setback is required. Expansion of non -conforming. Stormwater device of shallow grass depressions at 19 ft from the shoreline where a 100 ft setback is required. 7 Nutley Lane converted to a bunk house with no kitchen. In addition the deck on at 7 Nutley has been reduced to meet the setbacks. Relief for an accessory structure of 540 sq ft of 7 Nutley Lane greater than 500 sq ft maximum size allowed. Permeability existing is 67. 78% and improved to 68. 77% proposed where 75% is required- noting no relief is required as the site is improving the permeability on site SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 18, 2022 and July 20, 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.21-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 20th Day of July 2022 by the following vote: AYES NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 32-2022 Project Applicant: Christopher & Eva Detmer Project Location: 70 Browns Path Parcel History: SP 45-2022, FWW 9-2022 SEQR Type: Type II Meeting Date: July 20, 2022 Description of Proposed Project] - Applicant proposes to construct a new single family dwelling with an attached garage. The home is 2,237 sq. ft. The project site contains wetlands and includes site work for retaining wall, septic and driveway area. Site plan for hard surface within 50 ft. of the shoreline and Freshwater Wetlands work within 100 ft. of a wetland. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks to the construction of a new single family home. The parcel is 1.42 ac located in MDR (SR1A Maple Rowe Farms Subdivision SUB 3-1988) 179-3-040 MDR, Chapter 94 Wetland The house is proposed to be 10.4 ft from the wetland where 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 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 wetlands and lot shape. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested is for 64.6 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 physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered to be self-created. Staff comments: The applicant proposes a new single family with associated site work. The applicant has received a septic variance for the system proposed. The plans show the location of the new home and the site work. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Christopher & Eva Detmer File Number: AV 32-2022 Location: 70 Browns Path Tax Map Number: 296.11-1-9 ZBA Meeting Date: July 20, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Christopher & Eva Detmer. Applicant proposes to construct a new single family dwelling with an attached garage. The home is 2,237 sq. ft. The project site contains wetlands and includes site work for retaining wall, septic and driveway area. Site plan for hard surface within 50 ft. of the shoreline and Freshwater Wetlands work within 100 ft. of a wetland. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks to the construction of a new single family home. The parcel is 1.42 ac located in MDR (SRlA Maple Rowe Farms Subdivision SUB 3-1988) 179-3-040 MDR, Chapter 94 Wetland The house is proposed to be 10.4 ft from the wetland where 75 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 20, 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. 32-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 20th Day of July 2022 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 33-2022 Project Applicant: Frank Parillo Project Location: 199 Corinth Road Parcel History: SUB 6-2022; SUB 7-2022; PZ 143-2016; PZ 74-2016; PZ 54-2016; SP 2-2013; SP 31-2012; SP 54-2011; SV 53-2011 SEAR Type: Type II Meeting Date: July 20, 2022 Description of Proposed Project: Applicant proposes a two -lot commercial subdivision of a 4.39 acre parcel. The new parcels are to be 1.29 ac with the existing Taco Bell and the 3.1 ac is to be vacant and become a corner lot. The 1.29 acre parcel is a developed parcel for Taco Bell with one exit point to Corinth Road. Waivers are requested for landscaping, clearing, grading and erosion control, and stormwater as no new development is proposed at this time. Subdivision for creation of two lots. Relief requested for access frontage. Relief Required: The applicant requests relief for access frontage for one of the two lots of the subdivision. The property is located in the CI-18 zone and is 4.39 ac. Chapter 183 subdivision, 179-4-050 frontage The applicant proposes a two lot commercial subdivision where the 1.29 acre parcel with Taco Bell building access is located on the proposed 3.2 acre parcel. Relief is requested for direct access - to and from. 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 applicant having share access without creating additional driveways. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. Relief is requested for each lot to have direct access. 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. The project includes an on -site waste water system. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes a two lot subdivision where the existing site has ingress and egress that is to be located on the proposed vacant lot. The lot with the existing building would be left with an egress only where the site requires ingress and egress. The plans show the lot arrangement with the access points. 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 Town of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Frank Parillo File Number: AV 33-2022 Location: Tax Map Number: ZBA Meeting Date: 199 Corinth Road 309.13-2-2 July 20, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Frank Parillo. Applicant proposes a two -lot commercial subdivision of a 4.39 acre parcel. The new parcels are to be 1.29 ac with the existing Taco Bell and the 3.1 ac is to be vacant and become a corner lot. The 1.29 acre parcel is a developed parcel for Taco Bell with one exit point to Corinth Road. Waivers are requested for landscaping, clearing, grading and erosion control, and stormwater as no new development is proposed at this time. Subdivision for creation of two lots. Relief requested for access frontage. Relief Required: The applicant requests relief for access frontage for one of the two lots of the subdivision. The property is located in the CI-18 zone and is 4.39 ac. Chapter 183 subdivision, 179-4-050 frontage The applicant proposes a two lot commercial subdivision where the 1.29 acre parcel with Taco Bell building access is located on the proposed 3.2 acre parcel. Relief is requested for direct access - to and from. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 20, 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 / 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 outweighapproval) / 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. 33-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 20th Day of July 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 34-2022 Project Applicant: Harley Griffiths Project location: 298 Cleverdale Road Parcel History: SP 47-2022 I SEQR Type:; Type II Meeting: Date: July'20, 2022 ,Description of Proposed Project: Applcant;proposes a 200 sq. ft. deck addition to an existing bunkhouse of 740 sq. ft.(+/-). The existing home is 1,301 sq.ft. ft.-)'footprint with 1,300 sq. ft. (+/-) footprint porch/deck areas and is to remain with no changes. Site plan for expansion of nonconforming structure in a CEA. Relief requested for setbacks. Relief Required: The applicant requests relief for setback to construct a deck addition. The property is within the WR zone on a 0.24 ac .parcel. Section 179=3-040 WRi 179-4-080 deck Thedeckiand stairs of 200 sq ft,is proposed 1.4 ft from the property line where 20 ft setback is required. The project is,an expansion;of anon -conforming structure. Criteriafor considering an,Area Variance according to Chapter 267 of Town Law: In Imaking 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 bunk house location and the onsite septic system. 3 ;Whether ;the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief requested for the setback is 18.6 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 impact on the physical or the environmental conditions of the area. Whether the;alleged difficulty.was self-created. The difficulty may be considered self-created. The applicarif proposed to add a 200 sq ft deck area attached to the existing bunk house. The plans show the existing survey and site plans with the setbacks to the deck area. The floor plan shows the layout of the home and the bunk house. Also included are photos of the existing shoreline area to remain. Zoning Board of Appeals — Record of Resolution l Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Queensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Harley Griffiths File Number: AV 34-2022 Location: 298 Cleverdale Road Tax Map Number: 226.12-1-86 ZBA Meeting Date: July 20, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Harley Griffiths. Applicant proposes a 200 sq. ft. deck addition to an existing bunkhouse of 740 sq. ft.(+/-). The existing home is 1,301 sq. ft. (+/-) footprint with 1,300 sq. ft. (+/-) footprint porch/deck areas and is to remain with no changes. Site plan for expansion of nonconforming structure in a CEA. Relief requested for setbacks. Relief Required• The applicant requests relief for setback to construct a deck addition. The property is within the WR zone on a 0.24 ac parcel. Section 179-3-040 WR, 179-4-080 deck The deck and stairs of 200 sq ft is proposed 1.4 ft from the property line where 20 ft setback is required. The project is an expansion of a non -conforming structure. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 20, 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 (pproval) / 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. 34-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 20th Day of July 2022 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes 38-2022 Brett & Pamela West 106 Bay Parkway FWW 10-2022; AV 38-2022; AV 57-2021; SP 512021; PZ 210-2016; PZ 95-2016; PZ 89-2016; SP 37-2009; AV 47-2007; SP 39-2007 Type II July 20, 2022 Applicant proposes to demo existing home plus shed and construct a new 2 story home with a 5,436 sq. ft. footprint With a garage. Also' included is installation of permeable pavers for patio and driveway areas and a covered walkway between the two properties. The new floor area will be 8,670 sq. ft. where the maximum allowed is 8,687 sq. ft. The project includes site work for new landscaping shoreline and residential house, ;septic; and stormwater management. Lot line adjustment but no change to lot size. Area variance granted 3123/2022 for setbacks, number: of garages, and stormwater device setbacks. Revision to Site Plan to include Freshwater wetlands work within 100 ft. of a designated wetland. Relief requested for wetland setback. -Relief Required:` The, applicant, requests relief for construction of a new home needing relief for setbacks to wetlands. Project is in the Waterfront Residential zone —WR. Parcel is 0.91 acres. Section 179-3-040 dimensional Chapter 94 Wetlands The;new'home garage is to be located 10 ft from the wetland boundary where a 50 ft setback is requiredThe dpressiori',area is proposed to be 5.5ft from the wetland where a 100 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 nproperties will be 'created by the granting of this area variance. Minor impacts to the neighborhood may be ear.6y 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 to reduce the size of the home. 3 Whether the requested area variance is substantial. The relief requested may be substantial relevant to the code. Where!e 40' ft of relief is required and 94.5 ft relief to the depression area. 4 1 `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 tfie1 environmental conditions of the site or area. The applicant has included new stormwater measures that did not i exAst prior and ,proposes a new septic system. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury NY 12804 (518) 761-8238 143 &1'. Town bf Qaeensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Brett & Pamela West File' Number: AV 3 8-2022 Location: 106 Bay Parkway Tax Map Number: 226.15-1-17 ZBA;Meeting Date: July 20, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Brett & Pamela ::West:'; Applicant. proposes to demo existing home plus shed and construct a new 2 story home with a 5,436 sq. fl footprint with a garage. Also included is installation of permeable pavers for patio and driveway areas and a covered walkway between the two properties. The new floor area will be 8,670 sq. ft. where the maximum allowed is 8,687 sq. ft. The project includes site work for new landscaping shoreline and residential house, sep&i and stormwater management. Lot line adjustment but no change to lot size. Area variance granted 3/23/2022 for; setbacks, number of garages, and stormwater device setbacks. Revision to Site Plan to include 'Freshwater wetlands work within 100 ft. of a designated wetland. Relief requested for wetland setback. Relief Required: The applicant requests relief for construction of a new home needing relief for setbacks to wetlands. Project is in the Waterfront Residential zone —WR. Parcel is 0.91 acres. Section 179-3-040 dimensional Chapter 94 Wetlands The new'home garage is to be located 10 ft from the wetland boundary where a 50 ft setback is required. The dpression area is proposed to be' 5.5 ft from the wetland where a 100 ft is required. SEQR Type' II - no further review required; �A public hearing was advertised and held on Wednesday, July 20, 2022. U 'on; review of the application materials, information supplied during the public hearing, and upon c nsideration'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: � I II~i DRAFT PROVIDED BY S'l Afli 1. There is./ is not an undesirable change I piopertiesbecause ail � 2 Feasible. alternatives are in the character of the neighborhood nor a detriment to nearby and have been considered by the Board, are reasonable and have been uest OR are not possible. ed 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 (gpproval) / 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. 38-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 20th Day of July 2022 by the following vote: AYES: NOES: