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Staff NotesStaff Notes January 18, 2023 Administrative Items: Approval of Meeting Minutes for December 14, 2022 Request to Table AV 49-2022 (Faden Enterprises) to February 15, 2023 Tabled Items: AV 57-2022 Russell Thomas AV 63-2022 3 Sons and Holly LLC New Business: AV 50-2022 Garden World Associates LLC AV 1-2023 Michael Rozell AV 2-2023 ASD Spartan / Terence Rasmussen AV 3-2023 Neil & Sandra Rypkema Queensbury Zoning Board of Appeals Agenda Meeting: January 18, 2023 Time: 7:00- 11:00 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 December 14, 2022 Request to Table AV 49-2022 (Faden Enterprises) to February 15, 2023 TABLED ITEMS: Applicant(s) Russell Thomas Area Variance Number AV 57-2022 Owner(s) Russell Thomas SEQRA Type Type II Age ts n/a Lot Size 1.17 acres Location & Ward 23 Hi h oint Dr. Ward 1 Zoning MDR Tax Id No 296.5-1-17 Section 179-5-020 Cross Ref SP 17-2022; SUB 4-1992 Warren County Planning November 2022 Public Hearing November 30, 2022; January 18, 2023 Adirondack Park Agency n/a Project Description: (Revised) Applicant requests to install a 160 sq. ft. shed 3 ft. from property line. The existing home of 2,717 sq. ft. with porches to remain with no changes. The existing 192 sq. ft. shed received a permit in 2006 for a location different than current location. Relief is requested for setbacks. Applicant(s) 3 Sons and Holly, LLC (Michael Carey Area Variance Number AV 63-2022 Jr. Owner(s) 3 Sons and Holly, LLC SEQRA Type Type II Agent(s) Studio A Landscape, Arch. & Eng.; Jon Lot Size 0.38 acres Lapper, Esq. Location & Ward 28 Holly Lane Ward 1 Zoning WR Tax Id No 239.12-2-57 Section 179-3-040; 179-6-065; 179-4-080; 147 Cross Ref SP 76-2022 Warren County Planning November 2022 Public Hearing November 16, 2022; December 14, Adirondack Park Agency ALD 2022; January 18, 2023 Proiect Description: (Revised) Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition to the existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to construct a new 72 sq. ft. porch and a 200 sq. ft. porch. The new floor area is 3,225 sq. ft. Site work includes installation of an on -grade paver patio area, stone slab path, enlarging the fire pit area, and reduction of hard surfacing also proposed. In addition, there is to be a rain garden and shoreline plantings added to the site. There are no changes to the existing 1,152 sq. ft. floor area garage with living space. Site permeability was reduced prior to submission as part of parking arrangement on the site. Site plan for new floor area in a CEA, expansion of nonconforming structure, and hard -surfacing within 50 ft. of the shoreline. Relief is requested for permeability, expansion of a nonconforming structure, and setbacks. NEW BUSINESS: Applicant(s) Garden World Associates LLC Area Variance Number AV 50-2022 Owners Garden World Associates LLC SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 0.32 acres 49 & 0.77 acres 50 Location & Ward 2 Carlton Dr. & 537 Aviation Rd. Ward 2 Zoning MDR 49 & Cl 50 Tax Id No 302.5-1-49 & 302.5-1-50 Section 179-3-040 Cross Ref SP 69-2022; RZ 5-2022; AV 44-2017; SP 49-2017 Warren County Planning January 2023 Public Hearing January 18, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes a parking lot expansion for 84 parking spaces on 1.09 acres. The project is part of a rezoning and site plan review where the site work increases the hard surfacing on the site to a noncompliant percentage. Relief requested for permeability. Queensbury Zoning Board of Appeals Agenda Meeting: January 18, 2023 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Michael Rozell Area Variance Number AV 1-2023 Owner(s) Michael Rozell SEQRA Type Type II Agent(s) Hutchins Engineering PLLC Lot Size 0.34 acres Location & Ward 56 Reardon Road Ward 1 Zoning WR Tax Id No 289.7-1-17 Section 179-3-040 Cross Ref SP 2-2023 Warren County Planning n/a Public Hearing January 18, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes removal of existing homes/buildings and driveway area to construct a new home of 2,201 sq. ft. with porch areas of 274 sq. ft. and 158 sq. ft. footprint. The new floor area is 3,819 sq. ft. The project includes a new driveway area, septic, well, and shoreline plantings. Site plan for new floor area in a CEA. Relief is requested for setbacks. Applicant(s) ASD Spartan / Terence Rasmussen Area Variance Number AV 2-2023 Owners Finch Paper LLC SEQRA Type Type II Agent(s) n/a Lot Size 50.24 ac 6.1 & 57.91 ac 6.2 Location & Ward 1096 State Route 149 Ward 1 Zoning LC-l0A Tax Id No 279.4-6.1 & 279.4-6.2 Section 179-3-040LC Cross Ref SP 3-2023; FWW 1-2023; SUP 1-2023 Warren County Planning January 2023 & Town of Fort Ann Public Hearing January 18, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes to utilize 38.5 acres of a 100 acre area consisting of two parcels for a 5MW solar farm on a closed industrial landfill. The solar panels will be placed on a fixed ballast on top of the landfill cap. The existing building to remain as a maintenance garage 3,156 sq. ft. leased by others. Site work to be completed includes improvements to the access road, installation of equipment concrete pads, installation of panels, and utility connections. The site work, panel installation, and road upgrade increase the hard surface on site to a noncompliant percentage. Site plan for renewable energy solar farm project and special use permit for solar farm. Freshwater wetlands permit required for work within 100 ft. of wetlands (fence installation). Relief is requested for permeability and having a solar farm in the front yard. Applicant(s) Neil & Sandra Rypkema Area Variance Number AV 3-2023 Owner(s) Neil & Sandra Rypkema SEQRA Type Type II Agent(s) n/a Lot Size 15.59 acres Location & Ward 28 North Road Ward 2 Zoning MDR Tax Id No 302.7-1-34 Section 179-3-040; 179-4-OlOC 6 ; 179-5-020 Cross Ref I n/a Warren County Planning January 2023 Public Hearing I January 18, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to construct two single family homes: Building A of 2,800 sq. ft. with an attached garage; and Building B of 1,200 sq. ft. and maintain an existing 1,200 sq. ft. garage on -site. The project work includes minimal clearing for the new homes and municipal connection for sewer and water. Relief is requested for two single family homes (not connected) on a parcel and for more than one garage on a parcel. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre - Zoning Office\ZBA Monthly 2023\January 2023\ZBA Final Agenda January 18, 2023.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 57-2022 Project Applicant: Russell Thomas Project Location: 23 Highpoint Drive Parcel History: SP 17-2022; SUB 4-1992 SEQR Type: Type II Meeting Date: January 18, 2023 Description of Proposed Project] - (Revised) Applicant requests to install a 160 sq. ft. shed 3 ft. from property line. The existing home of 2,717 sq. ft. with porches to remain with no changes. The existing 192 sq. ft. shed received a permit in 2006 for a location different than current location. Relief is requested for setbacks. Relief Required: The applicant requests relief for placement of a 160 sq ft shed. The parcel is 1.17 ac located in the MDR zone. Section 179-3-040, Section 179-5-020 accessory The applicant proposes the shed to be 3 ft. from the property line where a 10 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. The project is within 3 ft of the adjoining property line. 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 to locate the shed to a compliant location. The applicant has not addressed the existing shed status. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial. Relief requested is 7 ft. 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. The applicant has indicated the existing shed has already been moved at least once, and the new smaller shed is proposed to be placed too close to the property line. Staff comments: The applicant has provided limited information about the new project. The application was tabled at the November 30, 2022 meeting with information due by December 151h. The applicant provided an email that indicated new shed of 160 sq ft was proposed and to be located 3 ft from the property line. Further, the applicant emailed photos of the proposed shed. The applicant was directed to provide 15 copies of the updated information including an updated plot plan showing the new shed and setbacks to the new location as well as the photos of the shed by December 22❑d — no additional information has been received. Noting if the shed is smaller in size then it would not appear to be used as screening as mentioned at the previous meeting. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 _.a_.ter, lbmi of Queenstawy Area Variance Resolution To: Approve / Disapprove Applicant Name: Russell Thomas File Number: AV 57-2022 Location: 23 Highpoint Dr. Tax Map Number: 296.5-1-17 ZBA Meeting Date: November 30, 2022; January 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Russell Thomas. (Revised) Applicant requests to install a 160 sq. ft. shed 3 ft. from property line. The existing home of 2,717 sq. ft. with porches to remain with no changes. The existing 192 sq. ft. shed received a permit in 2006 for a location different than current location. Relief is requested for setbacks. Relief Required: The applicant requests relief for placement of a 160 sq ft shed. The parcel is 1.17 ac located in the MDR zone. Section 179-3-040, Section 179-5-020 accessory The applicant proposes the shed to be 3 ft. from the property line where a 10 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on November 30, 2022 & January 18, 2023. 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. 57-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 181h Day of January 2023 by the following vote: AYES: NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 63-2022 Project Applicant: 3 Sons and Holly, LLC. Project Location: Parcel History: SEQR Type: Meeting Date: 28 Holly Lane SP 76-2022 Type II January 18, 2023 Description of Proposed Project] - (Revised) Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition to the existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to construct a new 72 sq. ft. porch and a 200 sq. ft. porch. The new floor area is 3,225 sq. ft. Site work includes installation of an on -grade paver patio area, stone slab path, enlarging the fire pit area, and reduction of hard surfacing also proposed. In addition, there is to be a rain garden and shoreline plantings added to the site. There are no changes to the existing 1,152 sq. ft. floor area garage with living space. Site permeability was reduced prior to submission as part of parking arrangement on the site. Site plan for new floor area in a CEA, expansion of nonconforming structure, and hard -surfacing within 50 ft. of the shoreline. Relief is requested for permeability, expansion of a nonconforming structure, and setbacks. Relief Required: The applicant requests relief for permeability, expansion of a nonconforming structure, and setbacks for residential additions and site work. The project site is on a 0.34 ac parcel in the VVR zone. Section 179-3-040 dimensional Relief is requested for permeability where 71.6% is proposed and 75% is required. The deck to be setback 39 ft. where a 50 ft. setback is required. Stormwater device proposed to be 35 ft. where 100 ft. 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. The applicant proposes alterations to an existing home and site. 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 home near the shoreline. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested for permeability is 3.4% and setback relief is 11 ft. for the deck and 65 ft. for stormwater device. 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. Stormwater controls are proposed. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes alterations to the existing home to create a new entryway. The additional work includes a new deck to the back of the home and patio area improvement. The plans show the new addition entry elevation and the floor print area of the new deck. The applicant has explained prior to site plan the parking area was redone and as part of the site plan process it was determined the permeability was reduced from 75% to 71.6%. Town Staff conducted a site visit in December. The project has been revised with the number of bedrooms remaining at 4 where two will be in the existing home and two in the upstairs of the garage. 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 Qecnsblily Area Variance Resolution To: Approve / Disapprove Applicant Name: 3 Sons and Holly, LLC (Michael Carey, Jr.) File Number: AV 63-2022 Location: 28 Holly Lane Tax Map Number: 239.12-2-57 ZBA Meeting Date: November 16, 2022; December 14, 2022; January 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from 3 Sons and Holly, LLC (Michael Carey Jr.). (Revised) Applicant proposes alterations to an existing home and site. The project includes a 416 sq. ft. addition to the existing home of 1,275 sq. ft. footprint. The deck portions include removal of deck/porch areas to construct a new 72 sq. ft. porch and a 200 sq. ft. porch. The new floor area is 3,225 sq. ft. Site work includes installation of an on -grade paver patio area, stone slab path, enlarging the fire pit area, and reduction of hard surfacing also proposed. In addition, there is to be a rain garden and shoreline plantings added to the site. There are no changes to the existing 1,152 sq. ft. floor area garage with living space. Site permeability was reduced prior to submission as part of parking arrangement on the site. Site plan for new floor area in a CEA, expansion of nonconforming structure, and hard -surfacing within 50 ft. of the shoreline. Relief is requested for permeability, expansion of a nonconforming structure, and setbacks. Relief Required: The applicant requests relief for permeability, expansion of a nonconforming structure, and setbacks for residential additions and site work. The project site is on a 0.34 ac parcel in the WR zone. Section 179-3-040 dimensional Relief is requested for permeability where 71.6% is proposed and 75% is required. The deck to be setback 39 ft. where a 50 ft. setback is required. Stormwater device proposed to be 35 ft. where 100 ft. is required. SEQR Type II — no further review required; A public hearing was advertised and held on November 16, 2022, December 14, 2022, & January 18, 2023 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 (!qpproval) / 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.63-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 181h Day of January 2023 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 50-2022 Project Applicant: Garden World Associates, LLC. Project Location: 2 Carlton Drive & 537 Aviation Road Parcel History: SP 69-2022; RZ 5-2022; AV 44-2017; SP 49-2017 SEQR Type: Type II Meeting Date: January 18, 2023 Description of Proposed Project: Applicant proposes a parking lot expansion for 84 parking spaces on 1.09 acres. The project is part of a rezoning and site plan review where the site work increases the hard surfacing on the site to a noncompliant percentage. Relief requested for permeability. Relief Required: The applicant requests relief for permeability for a parking lot expansion for the existing Silo Restaurant. Section 179-3-040 dimensions Applicant proposes additional hard -surfacing for parking associated with the Silo Restaurant. The proposed permeability is 13.9% where 30% permeable 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 considered limited due to the location of the existing lot configuration. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. Relief is 16.1 % permeable less than 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 impact on the physical or environmental conditions. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The project includes associated site work to increase parking to 84 spaces for the existing Silo restaurant. The plans show the existing and proposed parking. The project is under review for a change of zone from Moderate Density Residential to Commercial Intensive. The Planning Board did not identify any significant adverse impacts during the recommendation November 30cn Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'rown of Queensbur}, Area Variance Resolution To: Approve / Disapprove Applicant Name: Garden World Associates LLC File Number: AV 50-2022 Location: 2 Carlton Dr. & 537 Aviation Rd. Tax Map Number: 302.5-1-49 & 302.5-1-50 ZBA Meeting Date: January 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Garden World Associates LLC. Applicant proposes a parking lot expansion for 84 parking spaces on 1.09 acres. The project is part of a rezoning and site plan review where the site work increases the hard surfacing on the site to a noncompliant percentage. Relief requested for permeability. Relief Required: The applicant requests relief for permeability for a parking lot expansion for the existing Silo Restaurant. Section 179-3-040 dimensions Applicant proposes additional hard -surfacing for parking associated with the Silo Restaurant. The proposed permeability is 13.9% where 30% permeable is required. SEQR Type II — no further review required; A public hearing was advertised and held on January 18, 2023. 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. 50-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 18th Day of January 2023 by the following vote: AYES NNOM Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 1-2023 Project Applicant: Project Location: Parcel History: SEQR Type: Meeting Date: Michael Rozell 56 Reardon Road SP 2-2023 Type II January 18, 2023 Description of Proposed Project: Applicant proposes removal of existing homes/buildings and driveway area to construct a new home of 2,201 sq. ft. with porch areas of 274 sq. ft. and 158 sq. ft. footprint. The new floor area is 3,819 sq. ft. The project includes a new driveway area, septic, well, and shoreline plantings. Site plan for new floor area in a CEA. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of new single family home. The project is located in the WR zone on a 0.41 ac parcel. Section 179-3-040 dimensions The new home is proposed to be located for the side yard north 14.5 ft proposed where 20 ft is required. The project improves the site permeability from 70.1 % to 72.3% so no variance is required for permeability. 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 reduce the north side entrance area. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief requested is for 5.5 ft. 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 impacts on the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self- created. The difficulty may be considered self-created. Staff comments: The applicant proposes to demolish the existing two buildings on the site to construct a new home. Site work includes installation of a new well and septic system. The location of the home will include grading on the site for the new driveway area and building location. The plans show the location of the new home and site work. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 f. Town of CZeensbuq Area Variance Resolution To: Approve / Disapprove Applicant Name: Michael Rozell File Number: AV 1-2023 Location: 56 Reardon Rd. Tax Map Number: 289.7-1-17 ZBA Meeting Date: January 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Michael Rozell. Applicant proposes removal of existing homes/buildings and driveway area to construct a new home of 2,201 sq. ft. with porch areas of 274 sq. ft. and 158 sq. ft. footprint. The new floor area is 3,819 sq. ft. The project includes a new driveway area, septic, well, and shoreline plantings. Site plan for new floor area in a CEA. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for construction of new single family home. The project is located in the WR zone on a 0.41 ac parcel. Section 179-3-040 dimensions The new home is proposed to be located for the side yard north 14.5 ft proposed where 20 ft is required. The project improves the site permeability from 70.1 % to 72.3% so no variance is required for permeability. SEQR Type II — no further review required; A public hearing was advertised and held on January 18, 2023. 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 (gpproval) / 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 TBE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 1-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 18" Day of January 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 2-2023 Project Applicant: ASD Spartan/Terence Rasmussen Project Location: 1096 State Route 9 Parcel History: SP 3-2023; FWW 1-2023; SUP 1-2023 SEQR Type: Type II Meeting Date: January 18, 2023 Description of Proposed Project: Applicant proposes to utilize 38.5 acres of a 100 acre area consisting of two parcels for a 5MW solar farm on a closed industrial landfill. The solar panels will be placed on a fixed ballast on top of the landfill cap. The existing building to remain as a maintenance garage 3,156 sq. ft. leased by others. Site work to be completed includes improvements to the access road, installation of equipment concrete pads, installation of panels, and utility connections. The site work, panel installation, and road upgrade increase the hard surface on site to a noncompliant percentage. Site plan for renewable energy solar farm project and special use permit for solar farm. Freshwater wetlands permit required for work within 100 ft. of wetlands (fence installation). Relief is requested for permeability and location of solar farm in the front yard. Relief Required: The applicant requests relief for site permeability and location of a solar farm in the front yard. Section 179 3-040 dimension and Section 179-5-140 Renewable The applicant proposes permeability of 89.3% where 95% is required. Relief is also requested for having a solar project in the front yard for parcel 6.1 — noting the panels extend past the building towards Route 149. 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 reduce the number of panels or installation of a permeable drive surface noting the permeable surface would be credited 50%. 3. Whether the requested area variance is substantial. The relief may be considered minor relevant to the code. Where relief is requested 5.7% and a portion of the solar project being in the front yard. 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 will have minimal to no impact on the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The project includes installation of Solar panels to ballast structures on top of the existing landfill cap that extends on both properties. The project also has noted two areas for battery energy storage systems. The site consists of a 42.1 ac of a landfill cap, 1.3 ac of asphalt/gravel road area. The panels will cover about 9.9 ac between both properties. The solar arrays are to be spaced from 14 ft to 47 ft to allow light vehicles for routine maintenance after construction. The plans show the location of the panels and the existing driveway are to be improved. 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 T01M Of 0_11CM.3 U13, Area Variance Resolution To: Approve / Disapprove Applicant Name: ASD Spartan / Terence Rasmussen File Number: AV 2-2023 Location: 1096 State Route 149 Tax Map Number: 279.-1-6.1 & 279.-1-6.2 ZBA Meeting Date: January 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from ASD Spartan / Terence Rasmussen. Applicant proposes to utilize 38.5 acres of a 100 acre area consisting of two parcels for a 5MW solar farm on a closed industrial landfill. The solar panels will be placed on a fixed ballast on top of the landfill cap. The existing building to remain as a maintenance garage 3,156 sq. ft. leased by others. Site work to be completed includes improvements to the access road, installation of equipment concrete pads, installation of panels, and utility connections. The site work, panel installation, and road upgrade increase the hard surface on site to a noncompliant percentage. Site plan for renewable energy solar farm project and special use permit for solar farm. Freshwater wetlands permit required for work within 100 ft. of wetlands (fence installation). Relief is requested for permeability and location of a solar farm in the front yard. Relief Required: The applicant requests relief for site permeability and location of a solar farm in the front yard. Section 179 3-040 dimension and Section 179-5-140 Renewable The applicant proposes permeability of 89.3% where 95% is required. Relief is also requested for having a solar project in the front yard for parcel 6.1— noting the panels extend past the building towards Route 149. SEQR Type II — no further review required; A public hearing was advertised and held on January 18, 2023. 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 (gpproval) / 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. 2-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 18th Day of January 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 3-2023 Project Applicant: Neil & Sandra Rypkema Project Location: Parcel History: SEQR Type: Meeting Date: 28 North Road n/a Type II January 18, 2023 Description of Proposed Project: Applicant proposes to construct two single family homes: Building A of 2,800 sq. ft. with an attached garage; and Building B of 1,200 sq. ft. and maintain an existing 1,200 sq. ft. garage on -site. The project work includes minimal clearing for the new homes and municipal connection for sewer and water. Relief is requested for two single family homes (not connected) on a parcel and for more than one garage on a parcel. Relief Required: The applicant requests relief for two single family homes (not connected) on a parcel and for more than one garage on a parcel. The project is located in the Multi -Family Residential zone on a 15.59 ac parcel. Section 179-3-040 dimensional and 179-5-020 garage The applicant proposes two separate dwelling units where a duplex requires to be connected. In addition, relief is requested to maintain the existing garage building and to construct a single-family home with an attached garage where only one garage per parcel is 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 possible to subdivide the parcel for two homes and two garages on separate lots. A subdivision may trigger additional variances. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested for two homes and two garages on one lot. 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 impacts on the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes construction of two single family homes on one parcel where the existing garage is to remain and a second garage is to be constructed. The parcel is 15 plus acres and located in the MDR zone that allows for multifamily dwellings. The plans show the proposed configuration of the homes on the parcel. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Torn of Qrcensbuiy Area Variance Resolution To: Approve / Disapprove Applicant Name: Neil & Sandra Rypkema File Number: AV 3-2023 Location: 28 North Rd. Tax Map Number: 302.7-1-34 ZBA Meeting Date: January 18, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Neil & Sandra Rypkema. Applicant proposes to construct two single family homes: Building A of 2,800 sq. ft. with an attached garage; and Building B of 1,200 sq. ft. and maintain an existing 1,200 sq. ft. garage on -site. The project work includes minimal clearing for the new homes and municipal connection for sewer and water. Relief is requested for two single family homes (not connected) on a parcel and for more than one garage on a parcel. Relief Required: The applicant requests relief for two single family homes (not connected) on a parcel and for more than one garage on a parcel. The project is located in the Multi -Family Residential zone on a 15.59 ac parcel. Section 179-3-040 dimensional and 179-5-020 garage The applicant proposes two separate dwelling units where a duplex requires to be connected. In addition, relief is requested to maintain the existing garage building and to construct a single-family home with an attached garage where only one garage per parcel is allowed. SEQR Type II — no further review required; A public hearing was advertised and held on January 18, 2023. 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 (gpproval) / 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. 3-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 18th Day of January 2023 by the following vote: AYES NOES: