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: