Minutes AV 25-2022 (Gazetos) 6.22.22(Queensbury ZBA Meeting 06/22/2022)
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MRS. MOORE-I just want to bring to the Board’s attention that the next item is to be tabled.
AREA VARIANCE NO. 25-2022 SEQRA TYPE TYPE II MORGAN GAZETOS AGENT(S)
MORGAN GAZETOS OWNER(S) GREG FRANCIS ZONING WR LOCATION 2930 STATE
ROUTE 9L APPLICANT REQUESTS APPROVAL FOR CONSTRUCTION OF DECK ADDITION
NOT CONSTRUCTED AS APPROVED. IN ADDITION, 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. EXISTING HOME FOOTPRINT 1,285 SQ. FT.
REMAINS THE SAME. THE DECK AREAS TOTAL 2,270 SQ. FT. WHERE THE APPLICANT IS
TO REMOVE THE PATHWAY DECKING, REDUCING THE DECKING TO 1,930 SQ. FT.
(ORIGINAL 2014 DECK AREAS WERE 1,408 SQ. FT.) SITE PLAN REVIEW FOR AS-BUILT
CONDITIONS. RELIEF REQUESTED FOR SETBACKS OF UPPER AND LOWER DECKS, SHED,
AND WOODEN WALKWAY. CROSS REF SP 35-2022; AV 84-2014; SP 72-2014. WARREN
COUNTY PLANNING JUNE 2022 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.92 ACRES
TAX MAP NO. 239.20-1-19 SECTION 179-3-040; 179-13-010
MR. MC CABE-Okay. So I do have a question on this AV 25-2022. We approved a variance back in 2014.
So probably five of us were involved in that, and the project was completed in 2015 and our Code
Enforcement Officer reviewed the construction and found out that it was greater than what was approved,
and told the applicant that he had to come back to us to request additional variances, and then n othing
happened until seven years later. Is that the way this?
MRS. MOORE-That’s correct. He was provided that information on a yearly basis or as much as we
possibly could say that eventually he would be brought to court.
MR. KUHL-Can I say something, Mr. Chairman?
MR. MC CABE-Sure.
MR. KUHL-I went in and reviewed the 2014 approval. The drawings you’ve given us here are not dated.
They’re actually the same ones as 2014 and in that other documentation the inspector said that when he
went there, there was a 22 foot by something that was now 28 foot. Nothing in the drawings presented
says 28 by 12. These drawings are not dated and they’re the same ones as the original offering.
MRS. MOORE-So if you read through the narrative, Morgan identified that those plans that were drawn
up by Mr. Miller were from the previous application, but the survey is current. So he explained, it’s in his
narrative why. There’s a set of drawings that show the deck and then there is a survey that is the most
recent one.
MR. KUHL-Right. I’m not arguing the survey, but you requested them as built drawings, and if the
inspector saw 28 feet, these drawings say 22 feet. There’s no 28 foot.
MRS. MOORE-Because there’s no, so he hasn’t re-drawn deck drawings. Like Mr. Miller was not asked
to re-draw that drawing.
MR. KUHL-Okay.
MRS. MOORE-You’re going to open the public hearing.
MR. MC CABE-Okay. That’s right. So I need to open a public hearing for AV 25-2022. Is there anybody
here who’s here to address that particular project? So I’m going to keep that public hearing open.
PUBLIC HEARING OPENED
MR. HENKEL-So when do we table it?
MRS. MOORE-You would table it to the second meeting in August.
MR. HENKEL-So August 24th. Right?
MRS. MOORE-I apologize. The first meeting in August.
MR. HENKEL-The 17th.
MRS. MOORE-Yes.
MR. HENKEL-Okay, with any new information, or is there not going to be any?
(Queensbury ZBA Meeting 06/22/2022)
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MRS. MOORE-There’s going to be new information due by July 15th.
MR. HENKEL-Okay.
The Zoning Board of Appeals of the Town of Queensbury has received an application from Morgan
Gazetos. Applicant requests approval for construction of deck addition not constructed as approved. In
addition, the applicant has completed additional work with out approval including deck area near
shoreline, shoreline pathway decking, and a reconstructed shed/changing accessory structure near the
shore. Existing home footprint 1,306 sq. ft. remains the same. The deck areas total 2,270 sq. ft. where the
applicant is to remove the pathway decking, reducing the decking to 1,930 sq. ft. (original 2014 deck areas
were 976 sq. ft. specific to the house area). Site plan review for as-built conditions. Relief requested for
setbacks of upper and lower decks, shed, and wooden walkway.
MOTION TO TABLE AREA VARIANCE NO. 25-2022 MORGAN GAZETOS, Introduced by John
Henkel who moved for its adoption, seconded by Brent McDevitt:
Tabled to the August 17th, 2022 Zoning Board of Appeals meeting with new information to be submitted
by July 15th, 2022.
Duly adopted this 22nd day of June, 2022, by the following vote:
AYES: Mrs. Hamlin, Mr. Kuhl, Mr. Henkel, Mr. Underwood, Mr. McDevitt, Mr. McCabe
NOES: Mr. Urrico