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Staff NotesStaff Notes September 21, 2022 Administrative Item: Approval of Meeting Minutes August 24, 2022 Tabled Items: AV 3 8-2022 Brett & Pamela West AV 21-2022 Reds LG, LLC AV 39-2022 Gianni Simone AV 3 5-2022 Rebecca Gearwar New Business: AV 46-2022 Jeffrey Randles AV 42-2022 Thomas & Marybeth Babcock Queensbury Zoning Board of Appeals Agenda Meeting: September 21, 2022 Time: 7:00- 1 1:00 pm Queensbury Activities Center— 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Administrative Items: Approval of Meeting Minutes for August 24, 2022 TABLED ITEMS: Applicant(s) Brett & Pamela West Area Variance No. AV 38-2022 Owners Brett & Pamela West SEQRA 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; August 24, 2022; September 21, Adirondack Park Agency ALD 2022 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. Applicant(s) Reds LG,LLC Area Variance No. AV 21-2022 Owners Reds LG, LLC SEQRA Type Type II Agent(s) Nicholas Ze len Environmental Design Partner Lot Size 0.53 acres Location & Ward 7, 9, 13 Nutley Lane Ward 1 Zoning WR 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; September 21, 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 reduced to 330 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 2,053 sq. ft. with four bedrooms). Total floor area 3,791 sq. ft. Project includes grass depression areas for stormwater management, shoreline plantings, construction of a retaining wall, and reduction in hard surfacing. 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, and height for 7 Nutley Lane. Applicant(s) Gianni Simone Area Variance No. AV 39-2022 Owner(s) Gianni Simone SEQRA Type Type II Age ts 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; August 24, 2022; September 21, 2022 Adirondack Park Agency n/a Project Description: (Revised — additional garage details) Applicant proposes to construct a 702 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. Queensbury Zoning Board of Appeals Agenda Meeting: September 21, 2022 Time: 7:00- 1 1:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net 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; August 24, 2022; September 21, 2022 Adirondack Park Agency n/a Proiect Description: (Revised — additional fence site details) Applicant proposes to install an eight -foot -high fence on the northwest side of the property because of slope of 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. NEW BUSINESS: Applicant(s) Jeffrey Randles Area Variance No AV 46-2022 Owner(s) Jeffrey Randles SEQRA Type Type II Age ts Environmental Design Partnership Lot Size 0.83 acres Location & Ward 42 Old Assembly Point Rd. Ward 1 Zoning WR Tax Id No 239.12-2-11 Section 179-3-040 Cross Ref AV 36-2022; SP 51-2022 Warren County Planning September 2022 Public Hearing September 21, 2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes alterations to an existing single family home with removing the first story down to the first floor and to reconstruct the first floor with a second story, additional basement area and an attached garage using the existing foundation. New floor area to be 6,968 sq. ft. and the total footprint of the new house to be 3,348 sq. ft. The main floor would alter the north side with a new dining area and a new garage. The south side bedroom areas to be added to the footprint of the structure. The second floor would include additional living space and storage. The project includes stormwater management and shoreline plantings. Site plan review for a new floor area and alterations to the existing home shall be subject to Planning Board review and approval. Relief requested for setbacks. Applicant(s) Thomas & Marybeth Babcock Area Variance No. AV 42-2022 Owners Thomas & Marybeth Babcock SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 0.17 acres Location & Ward 15 Chestnut Road Ward 1 Zoning WR Tax Id No 289.13-1-12 Section 179-3-040; 179-5-020; 179-13-010 Cross Ref SP 57-2022; AV 45-2012; AV 46- 2012; SP 55-2012; AV 73-1990; AV 1415; SP 35-88A Warren County Planning September 2022 Public Hearing September 21, 2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes to construct a 2-story addition to the south side of the existing home. The existing home is 1,079.2 sq. ft. with 357 sq. ft. porch area (footprint); the existing floor area is 2,230 sq. ft. The new garage to be 554 sq. ft.; total new floor area is 2,569 sq. ft. Site plan for new floor area in a CEA and expansion of a nonconforming structure. Relief is requested for setbacks, floor area, and height. 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\September 21, 2022\ZBA Final Agenda September 21, 2022.doex Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 38-2022 Project Applicant: Brett & Pamela West Project Location: 106 Bay Parkway Parcel History: FWW 10-2022; AV 38-2022; AV 57-2021; SP 51-2021; PZ 210-2016; PZ 95-2016; PZ 89-2016; SP 37-2009; AV 47-2007; SP 39-2007 SEAR Type: Type II Meeting Date: September 21, 2022 Description of Proposed Project: 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. 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 depression area is proposed to be 5.5 ft from the wetland where a 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. Minor 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. 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 40 ft of relief is required for the building and 94.5 ft relief to the depression area. 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. The applicant has included new stormwater measures that did not exist prior and proposes a new septic system. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to demolish an existing building to construct a new home. The plans show the location of the wetland area and the planting plan for the site. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'Iowa of CLieettsbui}, Area Variance Resolution To: Approve / Disapprove Applicant Name: Brett & Pamela West File Number: AV 38-2022 Location: 106 Bay Parkway Tax Map Number: 226.15-1-17 ZBA Meeting Date: July 20, 2022; August 24, 2022; September 21, 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. 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. 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 depression 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 July 20, 2022, August 24, 2022, and September 21, 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. 38-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 21st Day of September 2022 by the following vote: RMA 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 SEAR Type: Type II Meeting Date: September 21, 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 reduced to 330 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 2,053 sq. ft. with four bedrooms). Total floor area 3,791 sq. ft. Project includes grass depression areas for stormwater management, shoreline plantings, construction of a retaining wall, and reduction in hard surfacing. 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, and height for 7 Nutley Lane. Relief Required: Revised. The applicant requests relief for setbacks, expansion of nonconforming, and height of 7 Nutley Lane. The parcel is 0.53 acres and located in the Waterfront Residential zone —WR. Section 179-3-040 dimensional, Chapter 147 Revised — 7 Nutley Lane would be reduced with no kitchen, building size reduced, deck size reduced to meet setbacks. 7 Nutley Lane would be 19 ft in height and would require a height variance for being greater than 16 ft for an accessory structure. 9 Nutley Lane building work would be 4 ft to the north property line where a 20 ft setback is required; and 12 ft to the south property line where a 20 ft setback is required. Expansion of non- conforming for 7 and 9 Nutley Lane. Permeability existing is 67.78% and improved to 69. 60% proposed where 75% is required- noting no relief is 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. 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 setback and permeability variances may be limited due to lot shape and location of the buildings on the site. 3. Whether the requested area variance is substantial. The relief requested is substantial relevant to the code. 9 Nutley Lane relief North side setback of 16 ft, South side setback of 8 feet. 9 and 7 Nutley Lane requires relief for expansion of a nonconforming structure. The device is also assisting with bank stabilization. Accessory structure size relief for height of 2 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant requests to maintain after the fact construction of 7 Nutley Lane revised with no kitchen with the building and deck reduced in size, then 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. 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 Dim of (Zcensbur} 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: May 18, 2022; July 20, 2022; September 21, 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 reduced to 330 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 2,053 sq. ft. with four bedrooms). Total floor area 3,791 sq. ft. Project includes grass depression areas for stormwater management, shoreline plantings, construction of a retaining wall, and reduction in hard surfacing. 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, and height for 7 Nutley Lane. Relief Required: Revised. The applicant requests relief for setbacks, expansion of nonconforming, and height of 7 Nutley Lane. The parcel is 0.53 acres and located in the Waterfront Residential zone —WR. Section 179-3-040 dimensional, Chapter 147 Revised — 7 Nutley Lane would be reduced with no kitchen, building size reduced, deck size reduced to meet setbacks. 7 Nutley Lane would be 19 ft in height and would require a height variance for being greater than 16 ft for an accessory structure. 9 Nutley Lane building work would be 4 ft to the north property line where a 20 ft setback is required; and 12 ft to the south property line where a 20 ft setback is required. Expansion of non- conforming for 7 and 9 Nutley Lane. Permeability existing is 67. 78% and improved to 69. 60% proposed where 75% is required- noting no relief is required as the site is improving the permeability on site. SEQR Type H — no further review required; A public hearing was advertised and held on May 18, 2022, July 20, 2022, and September 21, 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 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.21-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 21st Day of September 2022 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 39-2022 Project Applicant: Project Location: Parcel History: SEQR Type: Meeting Date: Gianni Simone 20 Apres Circle SUB 12-2018 Type II September 21, 2022 Description of Proposed Project] - (Revised — additional garage details) Applicant proposes to construct a 702 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-1 A. The lot is 1.16 ac. Section 179-5-020 garage The new garage is to be 702 sq. ft. with space for two cars and an attic storage area above with a height of 27 ft. 4 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, the garage has been reduced from 930 sq ft to 702 sq ft. 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 1bim of Queensbury 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; August 24, 2022; September 21, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Gianni Simone. (Revised — additional garage details) Applicant proposes to construct a 702 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-1 A. The lot is 1.16 ac. Section 179-5-020 garage The new garage is to be 702 sq. ft. with space for two cars and an attic storage area above with a height of 27 ft. 4 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 July 27, 2022, August 24, 2022, and September 21, 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 21st Day of September 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: Project Location: Parcel History: SEQR Type: Meeting Date: Rebecca Gearwar 10 Applehouse Lane n/a Type II September 21, 2022 Description of Proposed Project: (Revised — additional fence site details) Applicant proposes to install an eight -foot -high fence on the northwest side of the property because of slope of 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. The applicant has included photos and has a video of the site indicating the slope difference between the two properties- as part of the update for the application. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 4 _.,.....:' "vim.. "Town of (ti censbui), 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; August 24, 2022; September 21, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Rebecca Gearwar. (Revised — additional fence site details) Applicant proposes to install an eight -foot -high fence on the northwest side of the property because of slope of 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 July 27, 2022, August 24, 2022, and September 21, 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? 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 21st Day of September 2022 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 46-2022 Project Applicant: Jeffrey Randles Project Location: 42 Old Assembly Point Road Parcel History: AV 36-2022, SP 51-2022 SEAR Type: Type II Meeting Date: September 21, 2022 Description of Proposed Project: Applicant proposes alterations to an existing single family home with removing the first story down to the first floor and to reconstruct the first floor with a second story, additional basement area and an attached garage using the existing foundation. New floor area to be 6,968 sq. ft. and the total footprint of the new house to be 3,348 sq. ft. The main floor would alter the north side with a new dining area and a new garage. The south side bedroom areas to be added to the footprint of the structure. The second floor would include additional living space and storage. The project includes stormwater management and shoreline plantings. Site plan review for a new floor area and alterations to the existing home shall be subject to Planning Board review and approval. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks from the shoreline to the new construction. Parcel is 0.83 acres and in the WR zone. Section 179-3-040 dimensional, 147 stormwater The applicant proposes the new home on the existing foundation. The home on the west side would be 46 ft. from the shoreline where 53.75 ft. is required due to the adjoining home setback. Relief already granted for the home is to be 8 ft. where 20 ft. is required to the north side. Also already granted was the stormwater devices setback for 48 ft. and 88 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. 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 possible to locate the home in a compliant location. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code where the relief is 4 ft to the home. 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. The project includes adding stormwater management to the site. The project has been provided to the Town Designated Engineer and engineering sign -off has been provided. 5. Whether the alleged difficulty was self created. The difficulty may be considered self-created. Staff comments: The applicant proposes project work to remove a portion of the existing home for the construction of the first and second floor. The plans show the elevations and floor plans. The previous plan had shown a shoreline setback to a different mark where an updated survey shows the setback distance to the mean high water mark. 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 CLcensbuty Area Variance Resolution To: Approve / Disapprove Applicant Name: Jeffrey Randles File Number: AV 46-2022 Location: 42 Old Assembly Point Rd. Tax Map Number: 239.12-2-11 ZBA Meeting Date: September 21, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Jeffrey Randles. Applicant proposes alterations to existing single family home with removing the first story down to the first floor and to reconstruct the first floor with a second story, additional basement area and an attached garage using the existing foundation. New floor area to be 6,968 sq. ft. and the total footprint of the new house to be 3,348 sq. ft. The main floor would alter the north side with a new dining area and a new garage. The south side bedroom areas to be added to the footprint of the structure. The second floor would include additional living space and storage. The project includes stormwater management and shoreline plantings. Site plan review for a new floor area and alterations to the existing home shall be subject to Planning Board review and approval. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks from the shoreline to the new construction. Parcel is 0.83 acres and in the WR zone. Section 179-3-040 dimensional, 147 stormwater The applicant proposes the new home on the existing foundation. The home on the west side would be 46 ft. from the shoreline where 53.75 ft. is required due to the adjoining home setback. Relief already granted for the home is to be 8 ft. where 20 ft. is required to the north side. Also already granted was the stormwater devices setback for 48 ft. and 88 ft. where 100 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, September 21, 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 by (denial) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also fmds 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.46-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 2111 Day of September 2022 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 42-2022 Project Applicant: Thomas & Marybeth Babcock Project Location: 15 Chestnut Road Parcel History: SP 57-2022; AV 45-2012; AV 46-2012; SP 55-2012; AV 73-1990; AV 1415; SP 35-88A SEQR Type: Type II Meeting Date: September 21, 2022 Description of Proposed Project: Applicant proposes to construct a 2-story addition to the south side of the existing home. The existing home is 1,079.2 sq. ft. with 357 sq. ft. porch area (footprint); the existing floor area is 2,230 sq. ft. The new garage to be 554 sq. ft.; total new floor area is 2,569 sq. ft. Site plan for new floor area in a CEA and expansion of a nonconforming structure. Relief is requested for setbacks, floor area, and height. Relief Required: The applicant requests relief for setbacks, floor area, and height for the construction of a new garage and a two- story addition to the existing home. Section 179-3-040 WR, 179-6-065 new floor area, 179-13-010 expansion The existing garage to be demolished where the new garage is proposed to be 5 ft to the side property line where 12 ft is required, proposed 16.2 ft to the front property line where a 30 ft setback is required. The 2-story addition is to be located 6.8 ft to the side property line where a 12 ft setback is required. Relief is also requested for the garage height of 17 ft where 16 ft is the maximum allowed, then the floor area is proposed to be 2,569 sq ft where 1,615 sq ft is the maximum allowed noting the additional floor area being added is 339 sq ft. 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 limited due to the lot size of 0.17 ac and the existing house location. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. Relief is requested for floor area where 35 % is proposed and existing is 30 %; 5% more than existing and 13% more than allowed. Garage relief is 7 ft to the side, 13.8 ft to the front and at most 1 ft for the height. The relief for the addition is 5.2 ft to the side. 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 impact on the physical or environmental impacts. The applicants plans show removal of a hard surface area to be replaced with a grid and grass system. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes two residential improvements to an existing property. One is new garage of 554 sq ft and the second is a 2-story addition to the existing home. The applicant has provided additional information explaining the need for the residential addition and to have a garage suitable to park a vehicle. The applicant has provided the existing and proposed conditions of the home. The plans submitted show the elevation and floor plan. 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 To►F7i of CZicensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Thomas & Marybeth Babcock File Number: AV 42-2022 Location: 15 Chestnut Rd. Tax Map Number: 289.13-1-12 ZBA Meeting Date: September 21, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Thomas & Marybeth Babcock. Applicant proposes to construct a 2-story addition to the south side of the existing home. The existing home is 1,079.2 sq. ft. with 357 sq. ft. porch area (footprint); the existing floor area is 2,230 sq. ft. The new garage to be 554 sq. ft.; total new floor area is 2,569 sq. ft. Site plan for new floor area in a CEA and expansion of a nonconforming structure. Relief is requested for setbacks, floor area, and height. Relief Required: The applicant requests relief for setbacks, floor area, and height for the construction of a new garage and a two- story addition to the existing home. Section 179-3-040 WR, 179-6-065 new floor area, 179-13-010 expansion The existing garage to be demolished where the new garage is proposed to be 5 ft to the side property line where 12 ft is required, proposed 16.2 ft to the front property line where a 30 ft setback is required. The 2-story addition is to be located 6.8 ft to the side property line where a 12 ft setback is required. Relief is also requested for the garage height of 17 ft where 16 ft is the maximum allowed, then the floor area is proposed to be 2,569 sq ft where 1,615 sq ft is the maximum allowed noting the additional floor area being added is 339 sq ft. SEQR Type II — no further review required; A public hearing was advertised and held on Wednesday, September 21, 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.42-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 21s' Day of September 2022 by the following vote: AYES: NOES: