Minutes AV 19-2022 (Mann) 7.27.22(Queensbury ZBA Meeting 07/27/2022)
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AREA VARIANCE NO. 19-2022 SEQRA TYPE TYPE II JEFFREY & JOANNE MANN AGENT(S)
HUTCHINS ENGINEERING PLLC OWNER(S) JEFFREY & JOANNE MANN ZONING RR-3A
LOCATION 76 PICKLE HILL RD. (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);
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.
LUCAS DOBIE, REPRESENTING APPLICANT, PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 19-2022, Jeffrey & Joanne Mann, Meeting Date: July 27, 2022 “Project
Location: 76 Pickle Hill Rd. 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:
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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.”
MR. DOBIE-Good evening again, Board. For the record, Lucas Dobie with Hutchins Engineering
representing Jeffrey and Joanne Mann who’ve owned the property since 2002. This is their other parcel
to the east which is a flag lot to Pickle Hill Road which opens up along, to the south along the westerly
bounds of the Sunset Trail subdivision and they would propose a three lot subdivision. The logic being
that Lot Eight is a very prime building spot. So we thought if we’re going to go to the effort of putting a
road back to Lot Eight, there’s two more really nice building spots. Let’s design it all in one breath, one
project, since it is going through the Park Agency as well currently with the other project that we just
discussed. There’s plenty of space for these three lots, again, with the test pits on them and with this
shared driveway configuration, we need relief from the 400 feet of road frontage on a public right of way.
So Lot Eight will own the roadway, the shared driveway and the frontage on Pickle Hill Road, and then
Lot Six and Seven will have zero road frontage on the public right of way and that’s our Area Variances
and our stormwater variances. Due to the stream to the west there’s no way to hold 100 feet for the storm
device for that first 700 feet of road.. So, again, we listened to the Board at our May meeting. We believe
it’s a nice compromise to go to the 50 feet of setback for our storm infiltration devices and then again the
two feet of separation to groundwater in lieu of the three. A lot more flexibility with our design. We’re
here to ask for your approval tonight and ask if there’s any questions the Board may have. So, thank you
again for your time.
MR. MC CABE-Do we have questions of the applicant?
MR. HENKEL-I’ve got a Staff question. I thought with zoning they were not supposed to allow in R-1,
isn’t it we’re not allowed to allow flag shaped properties anymore?
MRS. MOORE-It may be identified, in a Rural Residential area there’s a portion of it that says when you
look at a design function of a subdivision in the rural area it will say no flag lots. Stone walls to be
maintained, but again, there are opportunities, the applicant can come to this Board for that variance relief
requested. So it’s stated in there, but if that’s the way it’s stat ed, then they would come to this Board for
that relief.
MR. HENKEL-So I don’t know how old that zoning code is.
MRS. MOORE-It’s probably still there if you want me to take a look at it.
MR. HENKEL-Well, I did read it. That’s what I was wondering, I didn’t know when it was. This property
was purchased in 2002?
MR. DOBIE-That’s correct.
MR. HENKEL-So I was just wondering how far.
MRS. MOORE-How that particular lot as a lot was developed, like landed as a flag lot.
MR. HENKEL-Okay. Thanks.
MR. MC CABE-So a public hearing has been advertised. So at this particular time I’m going to open the
public hearing and see if there’s anybody in the audience who would like to provide input on this particular
project. Do we have anything written, Roy?
PUBLIC HEARING OPENED
MR. URRICO-No.
MR. MC CABE-So I’m going to close the public hearing.
PUBLIC HEARING CLOSED
MR. MC CABE-And I’m going to poll the Board, and I’m going to start with John.
MR. HENKEL-Well like I said before at the last meeting this property didn’t really bother me at all with
any kind of water problems. It’s obviously not going to be a Town road. It’s going to be an easement road.
So I guess it’s acceptable to have the three lots. I’d be on Board with it. They’re large lots.
MR. MC CABE-So we’re looking at the road frontage and the stormwater devices.
(Queensbury ZBA Meeting 07/27/2022)
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MR. HENKEL-Yes, like I said, he made compromises to bring him 50 feet. That’s acceptable. I’m not big
on the lot with the shape of it, but I’d be on board with it.
MR. MC CABE-Ron?
MR. KUHL-Thank you, Mr. Chairman. I have really no issue with this. I think it’s a good utilization of
the three lots and I’d be in favor of it.
MR. MC CABE-Roy?
MR. URRICO-I’m on board, too. I’d be in favor.
MR. MC CABE-Brent?
MR. MC DEVITT-I’m on board, Mr. Chairman.
MR. MC CABE-Jim?
MR. UNDERWOOD-I think the only concern with the neighbors to the east of you would be you leave
some kind of a buffer on that property that’s previously been developed there. I think that’s the only issue
I would have.
MR. MC CABE-And I support the project. I did before and I see no problem with the stormwater device
and in fact it’s improved as far as we’re concerned and the road frontage just makes more sense to do it like
this than to come out onto Pickle Hill. So I support the project. So, Brent, I’m going to ask for a motion
here.
MR. MC DEVITT-You bet. Thank you, Mr. Chairman.
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 f t. 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:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties. As we’ve all kind of discussed here today, the lots are greater than three acres and there
appears to be plenty of room.
2. Feasible alternatives have been considered by the Board and are somewhat limited due to
environmental constraints.
3. The requested variance is not substantial and is minimal relative to the Code.
(Queensbury ZBA Meeting 07/27/2022)
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4. There is not an adverse impact on the physical or environmental conditions in the neighborhood
or district.
5. The alleged difficulty is self-created.
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance
would outweigh (approval) 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) 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 AREA VARIANCE NO.
19-2022 JEFFREY & JOANNE MANN, Introduced by Brent McDevitt, who moved for its adoption,
seconded by James Underwood:
Duly adopted this 27th Day of July 2022 by the following vote:
AYES: Mr. Henkel, Mr. Underwood, Mr. McDevitt, Mr. Kuhl, Mr. Urrico, Mr. McCabe
NOES: NONE
ABSENT: Mr. Cipperly
MR. MC CABE-Congratulations, you’re two for two.
MR. DOBIE-Thank you so much.