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Staff notes for 6/21/2022 Town of Queensbury Planning Board Community Development Department Staff Notes June 21, 2022 Site Plan 35-2022 MORGAN GAZETOS/GREG FRANCIS 2930 State Route 9L/ Waterfront Residential/ Ward 1 SEQR Type II Material Review: application, survey, deck drawings, pictures Parcel History: SP 72-2014, AV 85-2014, AV 25-2022 Warren Co Referral Sent: June 2022 / Comments: Concur w/local board. __________________________________________________________________________________________ Requested Action Recommendation to the Zoning Board of Appeals Resolutions 1. Recommendation Project Description Applicant requests approval for construction of a deck addition not constructed per approval. Additionally, the applicant has completed additional work without approval including deck area near shoreline, shoreline pathway decking, and a reconstructed shed/changing accessory structure near the shore. The existing house footprint of 1,306 sq ft to remain the same. The decking areas of 1,508 sq ft to be reduced to 1,262 sq ft; original approval was for 976 sq ft. Pursuant to chapter 179-3-040, 179-13-010, site plan for hard surfacing within 50 ft of the shoreline and expansion of a non-conforming structure shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks. Planning Board shall make a recommendation to the Zoning Board of Appeals. Staff Comments • Location-The project is located at 2930 State Route 9L on a 0.93 acre parcel • Arrangement- The existing home is 1,285 sq ft footprint with a deck area of 1,508 sq ft. The applicant is attempting to correct errors made during the 2014 proposed deck addition to now. • Site Design- The applicant has proposed to remove 310 sq of deck area which primary is the walking path (198 sq ft) deck to the adjoining boathouse, then deck on the boathouse to be removed (64 sq ft), and the shoreline deck at the dock reduced (48 sq ft). • Building – The house will remain the same as no work has been proposed on the house. The existing shed at the shoreline has been converted to a changing room for the applicant’s elderly parents so to minimize the walking to and from the house. The shed is now located closer to the deck area. • Grading and drainage plan, Sediment and erosion control-The applicant proposes no changes to the existing conditions on the site in regards to grading, drainage. The applicant will install erosion control as necessary when removing the deck path area. • Landscape plan- The project site is located on Lake George and is subject to the shoreline buffer review. The applicant had previously indicated there would be no future shoreline disturbance as the site had existing vegetation at the shoreline that was to remain. - 2 - • Below are the guidelines from the shoreline buffer code section o Shoreline Buffer - Section 179-8-040 -Minimum width 35 ft (Lake George) -For every 700 sqft of shoreline buffer area –one large tree minimum 3 inches in diameter -For every 350 sq ft of ground cover -7 – 24 in native shrubs; 14 herbaceous plants Project site -195 ft of shoreline per survey -Shoreline buffer 195 ft X 35 ft width is 6825 sq ft -Shoreline buffer area -6825 /700 = 9.75 round up to 10 –ten large trees at 3 inch diameter -Ground cover -6825/350 = 19.5 round up to 20 (X7) =140 native shrubs and 20 (X14) herbaceous plants=280 o Shoreline Cutting restrictions- Section 179-6-050 - Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75 ft whichever is less - 195 ft Shoreline X 30%= 58.5 feet of the shoreline buffer cut to allow a view, access and to reduce runoff (such as angled across the lot). - Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable within the 30%/75 ft cut area. • Site lighting plan-There is no lighting proposed or changes to the lighting on the site. • Site details-The applicant has indicate some of the additional decking was to assist with elderly parents and since the dock is complete some of the decking can be removed. • Utility details-There are no changes to the septic or water source for this site. • Elevations-The applicant has provided photo narrative of before 2014 of deck area and shed. In addition there are photos for the deck area and the shed after 2014. This shows the shed and shoreline decking were altered after the original approvals. • Floor plans- o Upper Deck and Lower Deck – the deck plans for the as-built survey shows the existing conditions as of 2022 of 901sq ft. The 2014 approval the upper and lower indicates 688 sq ft was approved. o Shoreline Deck -The shoreline wood deck area on the as built survey indicates the size is 409 sq ft where the 2014 shoreline deck was to be 288 sq ft • Waivers-Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h. signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal. • The waivers requested–Staff finds it reasonable to request a waiver as these items are typically associated with commercial projects. • Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. - 3 - Nature of Variance 1. Upper Deck – The as-built for the upper deck addition indicates is 24 ft from the shoreline where the 2014 approval was for 24.4 ft from the shoreline. Relief needed 25.6 ft for shoreline. Relief is also required for the side setback where 14.3 ft furthest extent, is proposed and 25 ft is required. The deck addition at the house 11.2 ft to the side setback where 25 ft is required. 2. Lower Deck-The as-built survey shows the Deck addition to the house the closest point is 22 ft where the 2014 approval was for this portion of the deck to be 22 ft (built as approved) 3. Shoreline Deck – The as built indicates 0 ft from the shoreline for the landing connection to the dock and 6 ft from the shoreline dock to the shoreline. The 2014 approval was for the shoreline deck to be 12 ft from the shoreline. Relief needed for the landing of 50 ft and the shoreline dock of 46 ft 4. Shoreline Shed – As built indicates the shed of 46 sq ft is 2 ft from the property line. The 2014 approval indicates an unlabeled square near the shoreline. Relief need for 48 ft. 5. Wooden walkway path from shoreline deck to covered boathouse; length 198 ft and 5 ft to the shoreline where 50 ft is required. Relief need of 45 ft. Note the 2014 approval does not identify a wooden walkway. Not subject to variance but additional hard surfacing review under site plan – permeability is greater than 75% even with the deck additions - 6. Upper and lower deck size 213 sq ft of additional decking – approved was 688 sq ft existing is 901 sq ft 7. Shoreline deck size 121 sq ft of additional decking- approved was 288 sq ft and existing is 409 sq 8. The decking is 334 sq ft in excess of what is approved- specific to the deck elements at the house and shoreline. 9. Total existing for decking and includes boathouse deck areas and wooden walk existing 2270 sf and proposed 1960 sf. The applicant has proposed to removed 310 sq ft of deck area; this includes 64 sq ft of boathouse rear deck, 48 sq ft of the shoreline deck at the dock, and 198 sq ft of the wooden path. (noting the boathouse decking and the woodenwalking path were not in the 2014 calcs) Summary The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for as built conditions of the Upper Deck location, Lower Deck location, Shoreline deck location, Shoreline shed location. The applicant has indicated the wooden path and some other decking components are also to be removed. Meeting History: 1st Meeting