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Staff NotesTown 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 SEQR Type: Type II Meeting Date: November 16, 2022 (Revised) Applicant proposes to complete alterations to two existing dwelling units on the site and reduction of 7 Nutley Lane to an accessory structure. Alterations include 7 Nutley Lane reduced to 330 sq. ft.; 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, rock wall with steps, 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 9 Nutley for setbacks, expansion of nonconforming, and height for 7 Nutley Lane. 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, Revised – 7 Nutley Lane would be reduced to 330 sq. ft. with no kitchen, bathroom or deck, building 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. 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 moderate 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 Description of Proposed Project: Relief Required: Criteria for considering an Area Variance according to Chapter 267 of Town Law: Zoning Board of Appeals Community Development Department Staff Notes requires relief for expansion of a nonconforming structure. Accessory structure relief for height of 3 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. The applicant requests to maintain after the fact construction of 7 Nutley Lane revised removing the bathroom, kitchen and deck and reduced to 330 sq. ft., then 9 Nutley Lane for deck expansion. The plans show revisions for the building reduction for 7 and the work completed for 9 to remain. In addition, the plans indicated the stormwater management on the site and shoreline plantings. Staff comments: 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 SEQR 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 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 SEQR Type: Type II Meeting Date: July 20, 2022 (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 of 540 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 2,134 sq. ft. with four bedrooms). Project includes grass depression areas for stormwater management, shoreline plantings, and construction of a retaining wall. 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, stormwater devices less than 100 ft. from shoreline, an oversized accessory structure, and permeability. Revised. The applicant requests relief for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline, completion of a bunk house –no kitchen, and permeability. The parcel is 0.53 acres and located in the Waterfront Residential zone –WR. Section 179-3-040 dimensional, Chapter 147 Revised – no kitchen in 7 Nutley would be considered a bunk house; reduced size of deck at 7 Nutley to 184 sq ft. The project work on the buildings includes existing and proposed requires relief: Setbacks for 7 Nutley Lane area 16 ft to the north property line and for 9 Nutley Lane 4 ft to the north property line where a 20 ft setback is required; on the south property line 7 Nutley Lane area 10 ft to the south property line and for 9 Nutley Lane 12 ft to the south property line where a 20 ft setback is required. Expansion of non-conforming. Stormwater device of shallow grass depressions at 19 ft from the shoreline where a 100 ft setback is required. 7 Nutley Lane converted to a bunk house with no kitchen. In addition the deck on at 7 Nutley has been reduced to meet the setbacks. Relief for an accessory structure of 540 sq ft of 7 Nutley Lane greater than 500 sq ft maximum size allowed. Permeability existing is 67.78% and improved to 68.77% proposed where 75% is required- noting no relief is required as the site is improving the permeability on site. 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. Description of Proposed Project: Relief Required: Criteria for considering an Area Variance according to Chapter 267 of Town Law: Zoning Board of Appeals Community Development Department Staff Notes 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 third dwelling has removed the kitchen as part of the revision. 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. 7 Nutley Lane relief –North side setback of 4ft, South side setback of 10 ft. 9 Nutley Lane relief – North side setback of 16 ft, South side setback of 8 ft. 9 Nutley Lane requires relief for expansion of a nonconforming structure. . Relief is requested for the stormwater management 81 ft. The device is also assisting with bank stabilization. Accessory structure size relief for 40 sq 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. The applicant requests to maintain after the fact construction of 7 Nutley Lane revised with no kitchen and a smaller deck and 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. Staff comments: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 21-2022 Project Applicant: Red's LG, LLC. Project Location: 7, 9 & 13 Nutley Lane Parcel History: SEP 37-2021, SP 29-2022 SEQR Type: Type II Meeting Date: May 18, 2022 Description of Proposed Project: Applicant proposes to complete alterations to two existing dwelling units on the site and complete construction of a third dwelling unit on the site. Alterations include 7 Nutley Lane new building of 540 sq. ft. which includes one bedroom and kitchen, 288 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 2,134 sq. ft. with four bedrooms). Project includes grass depression areas for stormwater management, shoreline plantings, and construction of a retaining wall. 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, stormwater devices less than 100 ft. from shoreline, adding a third dwelling unit, and permeability. Relief Required: The applicant requests relief for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline, adding a third dwelling unit, and permeability. The parcel is 0.53 acres and located in the Waterfront Residential zone —WR. Section 179-3-040 dimensional, Cha tep r 147 The project work on the buildings includes existing and proposed requires relief. Setbacks for 7 Nutley Lane area 16 ft to the north property line and for 9 Nutley Lane 4 ft to the north property line where a 20 ft setback is required; on the south property line 7 Nutley Lane area 11 ft to the south property line and for 9 Nutley Lane 12 ft to the south property line where a 20 ft setback is required. Expansion of non -conforming. Stormwater device of stone rip rap at the shoreline where a 100 ft setback is required. Also 7 Nutley Lane for adding a third dwelling unit as it includes a kitchen. Permeability 70.91% is proposed where 75% 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 limit the third dwelling with no kitchen, as a previous survey shows three buildings, however the third building from the previous survey to the current survey do not match in size or location — the building was smaller. The setback variances may be limited due to lot shape. 3. Whether the requested area variance is substantial. The relief requested is substantial relevant to the code. 7 Nutley Lane relief North side setback of 4ft, South side setback of 9 ft. 7 Nutley Lane requires relief for being a third dwelling on the property. 9 Nutley Lane relief North side setback of 16 ft, South side setback of 8 ft. 9 Nutley Lane requires relief for expansion of a nonconforming structure. The relief for permeability is 4.09%. Relief is requested for the stormwater management where 0 ft is proposed and 100 ft is required. The device is also assisting with bank stabilization. 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 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 where an existing cabin with no kitchen was expanded to be larger including a deck addition and 9 Nutley Lane for deck expansion. The site was visited by Staff where it was observed the work on the buildings had been started without approvals. The plans show the buildings and the work that has been almost completed on each of the buildings. Zoning Board of Appeals Community Development Department Staff Notes