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Staff NotesStaff Notes July 27, 2022 Old Business: AV 18-2022 Jeffrey &Joanne Mann AV 19-2022 Jeffrey &Joanne Mann New Business: AV 31-2022 Cynthia Chard AV 35-2022 Rebecca Gearwar AV 37-2022 Evan Gullborg AV 3 9-2022 Gianni Simone AV 40-2022 Ben Botelho Queensbury Zoning Board of Appeals Agenda Meeting: July 27, 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 TABLED ITEMS: Applicant(s) Jeffrey & Joanne Mann Area Variance No. AV 18-2022 Owners Jeffrey & Joanne Mann SEQRA Type Type II Age ts Hutchins Engineering PLLC Lot Size 34.23 acres Location/Ward No. Bay Rd. & Pickle Hill Rd./Ward 1 Zoning RR-3A Tax Id No 265.-1-23.1 Section 179-3-040 Cross Ref AV 19-2022; SUB 14-2020; FWW 7-2022 Warren County Planning May 2022 Public Hearing May 25, 2022; July 27, 2022 Adirondack Park Agency ALD Proiect Description: (Revised) Applicant proposes a 5-lot subdivision of a 35.23 acre parcel. The lot sizes include: Lot 1 (6.92 ac); Lot 2 (5.95 ac); Lot 3 (7.77 ac); Lot 4 (3.63 ac); and Lot 5 (11.57 ac). The project is located in the APA and the site includes APA and NWI wetland areas. The site has existing out buildings along the south side of Bay Road. The project areas indicate they are within 50 ft. of 15% slopes, a major stormwater project. Project is subject to subdivision of 5 lots, hard surfacing within 50 ft. of wetland/shoreline work, work within 100 ft. of designated wetland. Relief requested for road frontage, stormwater device location, and lot width. Applicant(s) Jeffrey & Joanne Mann Area Variance No. AV 19-2022 Owners Jeffrey & Joanne Mann SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 17.1 acres Location/Ward No. 76 Pickle Hill Rd. /Ward 1 Zoning RR-3A Tax Id No 265.4-23.2 Section 179-3-040RR; 147 Cross Ref AV 18-2022; Warren County Planning May 2022 Public Hearing May 25, 2022; July 27, 2022 Adirondack Park Agency ALD Proiect Description: (Revised) Applicant proposes a 3-lot subdivision of a 17.1 acre parcel. The lot sizes include: Lot 6 (3.8 acres); Lot? (4.1 acre); and Lot 8 (9.2 acres) near to the Mann 5-lot proposed subdivision on a separate parcel. The project is located in the APA and is near to APA and NWI wetland areas. The site information indicates there are areas with 15% slopes, project is a major stormwater project. Project is subject to subdivision for 3 lots, hard surfacing within 50 ft. of wetlands/shoreline, work within 100 ft. of wetland. Relief requested for road frontage and stormwater device location. NEW BUSINESS: Applicant(s) Cynthia T. Chard Area Variance No. AV 31-2022 Owner(s) Cynthia T. Chard SEQRA Type Type II Age ts n/a Lot Size 3 acres Location & Ward 349 Big Boom Rd. Ward 4 Zoning WR Tax Id No 316.14-1-7 Section 179-5-020 Cross Ref n/a Warren County Planning July 2022 Public Hearing July 27, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes a 480 sq. ft. carport addition to the existing garage of 960 sq. ft. The existing home under construction is 2,056 sq. ft. with porch area; no changes proposed. Relief requested for size of garage. Applicant(s) Rebecca Gearwar Area Variance No AV 35-2022 Owner(s) Rebecca Gearwar SEQRA Type Type II Agent(s) n/a Lot Size 0.39 acres Location & Ward 10 Applehouse Lane Ward 3 Zoning MDR Tax Id No 301.9-1-14 Section 179-5-020 Cross Ref n/a Warren County Planning July 2022 Public Hearing July 27, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes to install an eight -foot -high fence on the northwest side of the property. Fence to be a privacy fence. The existing home of 1,867 sq. ft. which includes garage and porch will remain with no changes. Relief requested for height offence type. Queensbury Zoning Board of Appeals Agenda Meeting: July 27, 2022 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.nef Applicant(s) Evan Gullborg Area Variance No AV 37-2022 Owner(s) Evan Gullborg SEQRA Type Type II Agent(s) Van Dusen & Steves Lot Size 0.55 acres Location & Ward 182 Farr Lane Ward 3 Zoning PUD Tax Id No 295.20-1-39 Section 179-3-040; 179-5-020 Cross Ref n/a Warren County Planning n/a Public Hearing July 27, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes to install a 192 sq. ft. pool shed with a height no higher than 12.5 ft. The pool shed placement is to coincide with the pool fence. The parcel has an existing 2-story home (1,854 sq. ft. footprint) that is to remain with no changes. Relief requested for setbacks and second garage. Applicant(s) Gianni Simone Area Variance No. AV 39-2022 Owners Gianni Simone SEQRA T pe Type II Agent(s) Daniel W. Ran P.E. Lot Size 1.16 acres Location & Ward 20 A res Circle Ward 4 Zoning MDR Tax Id No 315.10-1-59 Section 179-5-020 Cross Ref SUB 12-2018 Warren County Planning July 2022 Public Hearing July 27, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes to construct a 930 sq. ft. detached garage on a site that has an existing home with a garage. The house footprint is 2,182 sq, ft, with the attached garage footprint of 600 sq. ft. No changes to the existing home. Relief requested for second garage. Applicant(s) Ben Botelho Area Variance No. AV 40-2022 Owners Ben & Jessica Botelho SEQRA Type Type II Agent(s) n/a Lot Size 0.42 acres Location & Ward 7 Owen Ave. Ward 3 Zoning MDR Tax Id No 295.19-2-7 Section 179-3-040; 179-4-080 Cross Ref AST-0247-2022 Warren County Planning n/a Public Hearin July 27, 2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes to construct a 500 sq. ft. deck to the rear of the existing home. The existing home is on a corner lot and has a footprint of 2,197 sq. ft. The preexisting deck was in disrepair and has been removed. No other changes are proposed. 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\July 27, 2022\Final ZBA Agenda July 27, 2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 18-2022 Project Applicant: Jeffrey & Joanne Mann Project Location: Bay Rd & Pickle Hill Rd Parcel History: AV 19-2022; SUB 14-2020; FWW 7-2022 SEQR Type: Type II Meeting Date: July 27, 2022 Description of Proposed Project: (Revised) Applicant proposes a 5-lot subdivision of a 35.23 acre parcel. The lot sizes include: Lot 1 (6.92 ac); Lot 2 (5.95 ac); Lot 3 (7.77 ac); Lot 4 (3.63 ac); and Lot 5 (11.57 ac). The project is located in the APA and the site includes APA and NWI wetland areas. The site has existing out buildings along the south side of Bay Road. The project areas indicate they are within 50 ft. of 15% slopes, a major stormwater project. Project is subject to subdivision of 5 lots, hard surfacing within 50 ft. of wetland/shoreline work, work within 100 ft. of designated wetland. Relief requested for road frontage, stormwater device location, and lot width. Relief Required: The applicant requests relief for road frontage, stormwater device location, and lot width for a five lot subdivision. The lot is 35.23 ac and located in the Rural Residential RR3A zone. Section 179-4-020 dimensional RR3A, Chapter 147 Stormwater The applicant proposes 5 residential lots. Lot 2 requires relief for lot width where 362 ft. is proposed and 400 ft. is required; road frontage where 400 ft. is required and 325 ft. is proposed. Relief is requested for distance to stormwater device being less than 100 ft. where 50 ft. is proposed. Relief is also requested for the 3 ft. vertical separation distance for a device where 2 ft. is proposed. Revised is setback to the stormwater management device. 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. The lots proposed are greater than 3 acres. 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 environmental constraints including wetlands. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. The lot width relief is 38 ft, lot frontage is 75 ft, stormwater device location is 50 ft, stormwater device height is 1 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 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 a 5 lot subdivision for a 35.23 acre parcel. The plans show the lot arrangement with driveways to Bay Road and Pickle Hill Road. The revision includes the reduction in relief for the stormwater setback and the relocation of Lot 4 access from Bay Road to Pickle Hill Road. 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 tw 7bl$72 of Qucensbcuy Area Variance Resolution To: Approve / Disapprove Applicant Name: Jeffrey & Joanne Mann File Number: AV 18-2022 Location: Bay Road & Pickle Hill Road Tax Map Number: 265.-1-23.1 ZBA Meeting Date: May 25, 2022; July 27, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Jeffrey & Joanne Mann. (Revised) Applicant proposes a 5-lot subdivision of a 35.23 acre parcel. The lot sizes include: Lot 1 (6.92 ac); Lot 2 (5.95 ac); Lot 3 (7.77 ac); Lot 4 (3.63 ac); and Lot 5 (11.57 ac). The project is located in the APA and the site includes APA and NWI wetland areas. The site has existing out buildings along the south side of Bay Road. The project areas indicate they are within 50 ft. of 15% slopes, a major stormwater project. Project is subject to subdivision of 5 lots, hard surfacing within 50 ft. of wetland/shoreline work, work within 100 ft. of designated wetland. Relief requested for road frontage, stormwater device location, and lot width. Relief Required: The applicant requests relief for road frontage, stormwater device location, and lot width for a five lot subdivision. The lot is 35.23 ac and located in the Rural Residential RR3A zone. Section 179-4-020 dimensional RR3A, Chapter 147 Stormwater The applicant proposes 5 residential lots. Lot 2 requires relief for lot width where 362 ft. is proposed and 400 ft. is required; road frontage where 400 ft. is required and 325 ft. is proposed. Relief is requested for distance to stormwater device being less than 100 ft. where 50 ft. is proposed. Relief is also requested for the 3 ft. vertical separation distance for a device where 2 ft. is proposed. Revised is setback to the stormwater management device. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 25, 2022 & July 27, 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 (qpproval) / 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. 18-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 27th 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.: 19-2022 Project Applicant: Jeffrey & Joanne Mann Project Location: 76 Pickle Hill Road Parcel History: AV 18-2022 SEQR Type: Type II Meeting Date: July 27, 2022 Description of Proposed Project: Revised. Applicant proposes a 3-lot subdivision of a 17.1 acre parcel. The lot sizes include: Lot 6 (3.8 acres); Lot 7 (4.1 acre); and Lot 8 (9.2 acres) near to the Mann 5-lot proposed subdivision on a separate parcel. The project is located in the APA and is near to APA and NWI wetland areas. The site information indicates there are areas with 15% slopes, project is a major stormwater project. Project is subject to subdivision for 3 lots, hard surfacing within 50 ft. of wetlands/shoreline, work within 100 ft. of wetland. Relief requested for road frontage and stormwater device location. Relief Required: The applicant requests the following relief. Relief requested for road frontage and stormwater device location. The applicant requests relief for road frontage, stormwater device location, and lot width for a three- lot subdivision. The lot is 17.1 ac and located in the Rural Residential RR3A zone. Relief requested for road frontage and stormwater device location. Section 179-3-040 dimensional, 147 stormwater,179-4-050 frontage Revised. Relief is requested for distance to stormwater device being less than 100 ft. where 50 ft. is proposed. Relief is requested for the 3 ft. vertical separation distance for a device where 2 ft. is proposed. Relief is requested for lot 6 of 3.8 ac and Lot 7 of 4.1 ac physical access to use a proposed drive for Lot 8 of 9.2 ac. In addition, Road frontage relief is requested for Lot 8 where 57.86 is proposed, Lot 6 and Lot 7 where 0 ft is proposed and required is 400 ft. Revision was for setback to stormwater management device. 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. The lots proposed are greater than 3 acres. 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 environmental constraints including wetlands. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. The relief requested for the stormwater device location is 50 ft, stormwater device height is 1 ft, road frontage is 342.14 for lot 8; 400 ft for both lot 6 and 7. Physical road front for lots 6 and 7. 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 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 a 3 lot subdivision for a 17.1 acre parcel. The plans show the lot arrangement with driveways through one drive to Pickle Hill Road. The revision proposed is for the stormwater setback relief is less. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals — Record of Resolution U" Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 "Ibim of (ucensbui), Area Variance Resolution To: Approve / Disapprove Applicant Name: Jeffrey & Joanne Mann File Number: AV 19-2022 Location: 76 Pickle Hill Road Tax Map Number: 265.-1-23.2 ZBA Meeting Date: May 25, 2022; July 27, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Jeffrey & Joanne Mann. (Revised) Applicant proposes a 3-lot subdivision of a 17.1 acre parcel. The lot sizes include: Lot 6 (3.8 acres); Lot 7 (4.1 acre); and Lot 8 (9.2 acres) near to the Mann 5-lot proposed subdivision on a separate parcel. The project is located in the APA and is near to APA and NWI wetland areas. The site information indicates there are areas with 15% slopes, project is a major stormwater project. Project is subject to subdivision for 3 lots, hard surfacing within 50 ft. of wetlands/shoreline, work within 100 ft. of wetland. Relief requested for road frontage and stormwater device location. Relief Required: The applicant requests the following relief. Relief requested for road frontage and stormwater device location. The applicant requests relief for road frontage, stormwater device location, and lot width for a three- lot subdivision. The lot is 17.1 ac and located in the Rural Residential RR3A zone. Relief requested for road frontage and stormwater device location. Section 179-3-040 dimensional, 147 stormwater,179-4-050 frontage Revised. Relief is requested for distance to stormwater device being less than 100 ft. where 50 ft. is proposed. Relief is requested for the 3 ft. vertical separation distance for a device where 2 ft. is proposed. Relief is requested for lot 6 of 3.8 ac and Lot 7 of 4.1 ac physical access to use a proposed drive for Lot 8 of 9.2 ac. In addition, Road frontage relief is requested for Lot 8 where 57.86 is proposed, Lot 6 and Lot 7 where 0 ft is proposed and required is 400 ft. Revision was for setback to stormwater management device. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, May 25, 2022 & July 27, 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. 19-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 27th 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.: 31-2022 Project Applicant: Cynthia T. Chard Project Location: 349 Big Boom Road Parcel History: n/a SEQR Type: Type II Meeting Date: July 27, 2022 Description of Proposed Project: Applicant proposes a 480 sq. ft. carport addition to the existing garage of 960 sq. ft. The existing home under construction is 2,056 sq. ft. with porch area; no changes proposed. Relief requested for size of garage. Relief Required: The applicant requests relief for size of garage. The garage expansion is located in the VWR zone and is on a 3- ac parcel. Section 179-5-020 garage The existing garage is 960 sq ft and the proposed carport is 480 sq ft with a total square footage of 1,440 sq ft which exceeds the 1,100 sq ft maximum allowed. 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 to reduce the proposed car -port. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief is requested for 340 sq ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created Staff comments: The applicant proposes to construct an addition to the existing garage where the home is currently under construction. The carport would allow for storage of the applicant's son's vehicles while he is deployed. The plans show the location of the carport. The original construction plans had the carport but was removed due to the need for relief. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 '16im of Qieensbwy Area Variance Resolution To: Approve / Disapprove Applicant Name: Cynthia T. Chard File Number: AV 31-2022 Location: 349 Big Boom Rd. Tax Map Number: 316.14-1-7 ZBA Meeting Date: July 27, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Cynthia T. Chard. Applicant proposes a 480 sq. ft. carport addition to the existing garage of 960 sq. ft. The existing home under construction is 2,056 sq. ft. with porch area; no changes proposed. Relief requested for size of garage. Relief Required: I The applicant requests relief for size of garage. The garage expansion is located in the WR zone and is on a 3- ac parcel. Section 179-5-020 garage The existing garage is 960 sq ft and the proposed carport is 480 sq ft with a total square footage of 1,440 sq ft which exceeds the 1,100 sq ft maximum allowed. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 27, 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. 31-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 27th 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.: 35-2022 Project Applicant: Rebecca Gearwar Project Location: Parcel History: SEQR Type: Meeting Date: 10 Applehouse Lane n/a Type II July 27, 2022 Description of Proposed Project: Applicant proposes to install an eight -foot -high fence on the northwest side of the property. Fence to be a privacy fence. The existing home of 1,867 sq. ft. which includes garage and porch will remain with no changes. Relief requested for height of fence type. Relief Required: The applicant requests relief for height of fence type. The lot is 16,988 sq ft and located in the MDR zone. 179-5-070 Fence The fence to be installed is 68 ft in length and to be placed on the west property line; it will be 8 ft in height and a 24 ft south section connected to the house also at 8 ft in height as a privacy fence. 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 available to reduce the height. The applicant has explained the property to be fenced is lower than the adjoining property. 3. Whether the requested area variance is substantial. The relief requested may be considered minor relevant to the code. The relief requested is for height and is 2 feet. 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 to install a fence on the west property line that exceeds the height of fence allowed. The information submitted shows the location of the fence and type of fence to be installed. The applicant has indicated it is needed for privacy and security. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7bim of (Lucensbuty Area Variance Resolution To: Approve / Disapprove Applicant Name: Rebecca Gearwar File Number: AV 35-2022 Location: 10 Applehouse Lane Tax Map Number: 301.9-1-14 ZBA Meeting Date: July 27, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Rebecca Gearwar. Applicant proposes to install an eight -foot -high fence on the northwest side of the property. Fence to be a privacy fence. The existing home of 1,867 sq. ft. which includes garage and porch will remain with no changes. Relief requested for height of fence type. Relief Required: The applicant requests relief for height of fence type. The lot is 16,988 sq ft and located in the MDR zone. 179-5-070 Fence The fence to be installed is 68 ft in length and to be placed on the west property line; it will be 8 ft in height and a 24 ft south section connected to the house also at 8 ft in height as a privacy fence. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 27, 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. 35-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 27th 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.: 37-2022 Project Applicant: Evan Guliborg Project Location: Parcel History: SEQR Type: Meeting Date: 182 Farr Lane n/a Type II July 27, 2022 Description of Proposed Project: Applicant proposes to install a 192 sq. ft. pool shed with a height no higher than 12.5 ft. The pool shed placement is to coincide with the pool fence. The parcel has an existing 2-story home (1,854 sq. ft. footprint) that is to remain with no changes. Relief requested for setbacks and second garage. IRelief Required: The applicant requests relief for setbacks and pool shed (second garage). The parcel is located in the Indian Ridge PUD on 0.55 ac parcel. 179-3-040 dimensional, 179-5-020 garage The proposed is a 192 sq ft pool shed where the building meets the definition of a garage due to door width. The building is to be located 11 ft from the rear property line where a 20 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. The feasible alternatives may be limited due to the location of the existing pool. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. The setback relief is 9 feet, and the door width greater than 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 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 project proposal is to construct/place a 192 sq ft pool shed to accommodate pool, lawn care equipment and seasonal items. The plans show the location of the shed on the property. Also included are the shed type showing the door locations. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7b►�n of C�iiecnsbw} Area Variance Resolution To: Applicant Name: Evan Gullborg File Number: AV 37-2022 Location: 182 Farr Lane Tax Map Number: 295.20-1-39 ZBA Meeting Date: July 27, 2022 Approve / Disapprove The Zoning Board of Appeals of the Town of Queensbury has received an application from Evan Gullborg. Applicant proposes to install a 192 sq. ft. pool shed with a height no higher than 12.5 ft. The pool shed placement is to coincide with the pool fence. The parcel has an existing 2-story home (1,854 sq. ft. footprint) that is to remain with no changes. Relief requested for setbacks and second garage. Relief Required: The applicant requests relief for setbacks and pool shed (second garage). The parcel is located in the Indian Ridge PUD on 0.55 ac parcel. 179-3-040 dimensional, 179-5-020 garage The proposed is a 192 sq ft pool shed where the building meets the definition of a garage due to door width. The building is to be located 11 ft from the rear property line where a 20 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 27, 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.37-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 27th Day of July 2022 by the following vote: AYES: NOM Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 39-2022 Project Applicant: Gianni Simone Project Location: 20 Apres Circle Parcel History: SUB 12-2018 SEQR Type: Type II Meeting Date: July 27, 2022 Description of Propose----] Applicant proposes to construct a 930 sq. ft. detached garage on a site that has an existing home with a garage. The house footprint is 2,182 sq, ft, with the attached garage footprint of 600 sq. ft. No changes to the existing home. Relief requested for second garage. Relief Required: The applicant requests relief for second garage. The parcel is in the MDR zone in an approved subdivision of SR -IA. The lot is 1.16 ac. Section 179-5-020 garage The new garage is to be 930 sq ft with space for two cars and an attic storage area above with a height of 29 ft 2 inches. The site has an existing attached garage of approximately 600 sq ft where only one garage is the maximum allowed. 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 garage. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code as only one garage is allowed. 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 will have minimal to no adverse effects or impact on the physical or environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes construction of a second garage on a parcel with an existing home and attached garage. The plans show the location of the garage and photos of the area on the property. In addition, the applicant has provided elevation and floor plans of the garage and is designed to match the existing home. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7oiFn of Queensbu1 Area Variance Resolution To: Approve / Disapprove Applicant Name: Gianni Simone File Number: AV 39-2022 Location: 20 Apres Circle Tax Map Number: 315.10-1-59 ZBA Meeting Date: July 27, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Gianni Simone. Applicant proposes to construct a 930 sq. ft. detached garage on a site that has an existing home with a garage. The house footprint is 2,182 sq, ft, with the attached garage footprint of 600 sq. ft. No changes to the existing home. Relief requested for second garage. Relief Required: The applicant requests relief for second garage. The parcel is in the NIDR zone in an approved subdivision of SR- 1A. The lot is 1.16 ac. Section 179-5-020 garage The new garage is to be 930 sq ft with space for two cars and an attic storage area above with a height of 29 ft 2 inches. The site has an existing attached garage of approximately 600 sq ft where only one garage is the maximum allowed. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 27, 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. 39-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 27th Day of July 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Departmenf Staff Notes Area Variance No.: 40-2022 Project Applicant: Project Location: Parcel History: SEAR Type: Meeting Date: Ben Botelho 7 Owen Ave. AST-0247-2022 Type II July 27, 2022 Description of Proposed Project: Applicant proposes to construct a 500 sq. ft. deck to the rear of the existing home. The existing home is on a corner lot and has a footprint of 2,197 sq. ft. The preexisting deck was in disrepair and has been removed. No other changes are proposed. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks to construct a 500 sq ft porch. The parcel is 0.42 ac in the 1MR zone. 179-3-040 dimensional, 179-4-080 decks and porches The existing deck has been removed and the new deck is to be 500 sq ft located 24.3 ft from the rear property line 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 deck may be considered to have little to no impact on the neighboring properties or neighborhood character. 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 considered limited due to the location of the existing home and the previous deck. 3. Whether the requested area variance is substantial. The relief may be considered minor relevant to the code. Relief is requested for 5.7 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 as proposed may be considered to have minimal to no impact on the environmental conditions of the site or area. S. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes to construct a 500 sq ft deck addition to the existing home. The applicant has indicated the previous deck was deteriorated an unsafe. There are no other site changes. The survey shows the location of the deck. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7bim d Queensbin}, Area Variance Resolution To: Applicant Name: Ben Botelho File Number: AV 40-2022 Location: 7 Owen Ave. Tax Map Number: 295.19-2-7 ZBA Meeting Date: July 27, 2022 Approve / Disapprove The Zoning Board of Appeals of the Town of Queensbury has received an application from Ben Botelho. Applicant proposes to construct a 500 sq. ft. deck to the rear of the existing home. The existing home is on a corner lot and has a footprint of 2,197 sq. ft. The preexisting deck was in disrepair and has been removed. No other changes are proposed. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks to construct a 500 sq ft porch. The parcel is 0.42 ac in the MDR zone. 179-3-040 dimensional, 179-4-080 decks and porches The existing deck has been removed and the new deck is to be 500 sq ft located 24.3 ft from the rear property line where a 30 ft setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, July 27, 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 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.40-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 27th Day of July 2022 by the following vote: AYES: INGIM