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Staff NotesStaff Notes May 17, 2023 Administrative Items: Approval of Meeting Minutes for April 19, 2023 Request to Table AV 3-2023 (Rypkema) to June 21, 2023 Request to Table AV 4-2023 (Eberlein) to June 21, 2023 Tabled Items: AV 63-2022 3 Sons and Holly LLC AV 8-2023 Sharon Serini New Business: SV 3-2023 Hospitality Syracuse, Inc. (Mike McCraken) Queensbury Zoning Board of Appeals Agenda Meeting: May 17, 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 April 19, 2023 Request to Table AV 3-2023 (Rypkema) to June 21, 2023 Request to Table AV 4-2023 (Eberlein) to June 21, 2023 TABLED ITEMS: Applicant(s) 3 Sons and Holly, LLC (Michael Area Variance Number AV 63-2022 Care Jr. Owner(s) 3 Sons and Holly, LLC SEQRA Type Type II Agent(s) Studio A Landscape, Arch. & Eng.; Lot Size 0.38 acres Jon 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; March 22, 2023; May 17, 2023 Proiect Description: (Revised) Applicant proposes alterations to an existing home and site. The project includes a 72 sq. ft. covered porch and 238 sq. ft. addition to the existing home. There is to be a deck addition of 199.6 +/- sq. ft., a ground level patio of 297 sq. ft. and landscape rocks for path and firepit area. The parking area is to be reduced hard surfacing and installing an area of reinforced turf. In addition, there is to be a rain garden and shoreline plantings added to the site. The existing floor area of 2,809 sq. ft. to be increased to 3,047 sq. ft. There are no changes to the existing 1,152 sq. ft. floor area garage with living space. 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 expansion of a nonconforming structure and setbacks. Applicant(s) Sharon Serini Area Variance Number AV 8-2023 Owner(s) Sharon Serini SEQRA Type Type II Agent(s) Nick Zeglen (EDP) Lot Size 0.2 acres increase to 13,601 sq. ft. Location & Ward 15 Private Road #1 Ward 1 Zoning WR Tax Id No 240.9-1-4 Section 179-3-040 Cross Ref SP 10-2023; FWW 2-2023 Warren County Planning February 2023 Public Hearing February 15, 2023; March 22, 2023' May 17, 2023 Adirondack Park Agency ALD Project Description: (Revised) Applicant proposes a 2-story home with a footprint of 1,388 sq. ft., porch area of 240 sq. ft., and a floor area of 2,388 sq. ft. Lot line adjustment from 8,250 to 13,601 sq. ft. The project includes a septic system and stormwater management. The plan includes a vegetative plan for removal and plantings to remain. Site plan for new floor area in the CEA. Relief is requested for height and road frontage. NEW BUSINESS: Applicant(s) Hospitality Syracuse, Inc. Mike McCraken Sign Variance Number SV 3-2023 Owner(s) East Huron Street LLC (Mike McCraken) SEQRA Type Unlisted Agent(s) Bohler Engineering (Timothy Freitag) Lot Size 7.21 acres Location & Ward 773 Quaker Road Ward 2 Zoning CI Tax Id No 303.15-1-27 Section 140 Cross Ref SP 13-2023; SP 14-2023; SUB 1-2023; SUB 2- 2023 Warren County Planning May 2023 Public Hearing May 17, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to install a 50 sq. ft. freestanding sign, two 25 sq. ft. menu boards, and 3 wall signs of 24.4 sq. ft. The project includes the development of a 2,650 sq. ft. Taco Bell drive thru restaurant and associated site work. Relief is requested for size of signs and number of signs. 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\May 17, 2023\ZBA Final Agenda May 17, 2023.docx x Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 W__111f Town of Q_ycensbuty Area Variance Resolution To: TABLE 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; May 17, 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. MOTION TO TABLE AREA VARIANCE NO. 3-2023 NEIL & SANDRA RYPKEMA, Introduced by who moved for its adoption, seconded by Tabled to June 21, 2023, with new information due by Duly adopted this 17th Day of May 2023 by the following vote: AYES NOES: Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761- 823 8 7oim of Quccnsb«n, Area Variance Resolution To: TABLE Applicant Name: Geraldine Eberlein File Number: AV 4-2023 Location: 12 Seelye Road North Tax Map Number: 227.17-1-25 ZBA Meeting Date: February 15, 2023; March 22, 2023; April 19, 2023; May 17, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Geraldine Eberlein. (Revised) Applicant proposes demolition of an existing home and guest cottage to construct a new home with a footprint of 2,411 sq. ft.; an outdoor kitchen of 234 sq. ft.; and a new floor area of 3,343 sq. ft. The project includes associated site work for a new permeable driveway, stormwater management, and shoreline landscaping; the project also includes installation of a new septic system on the adjoining property to east property line. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief is requested for setbacks, floor area, and permeability. MOTION TO TABLE AREA VARIANCE NO. 4-2023 GERALDINE EBERLEIN, Introduced by who moved for its adoption, seconded by Tabled to June 21, 2023 with new information due by Duly adopted this 17" Day of May 2023, by the following vote: FEW 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. (Michael Carey Jr.) Project Location: Parcel History: SEQR Type: Meeting Date: 28 Holly Lane SP 76-2022 Type II May 17, 2023 Description of Proposed Project: (Revised) Applicant proposes alterations to an existing home and site. The project includes a 72 sq. ft. covered porch and 238 sq. ft. addition to the existing home. There is to be a deck addition of 199.6 +/- sq. ft., a ground level patio of 297 sq. ft. and landscape rocks for path and firepit area. The parking area is to be reduced hard surfacing and installing an area of reinforced turf. In addition, there is to be a rain garden and shoreline plantings added to the site. The existing floor area of 2,809 sq. ft. to be increased to 3,047 sq. ft. There are no changes to the existing 1,152 sq. ft. floor area garage with living space. 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 expansion of a nonconforming structure and setbacks. Relief Required: The applicant requests relief for setbacks for a deck addition. The project site is on a 0.34 ac parcel in the VWR zone. Section 179-3-040 dimensional Relief is requested for the deck to be setback 39 ft. where a 50 ft. setback to the shoreline is required. The existing deck to be removed is 28.3 ft from the shoreline and the home is 44.20 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. 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 shoreline setback relief is 11 ft. for the deck. 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 self-created. Staff comments: The applicant provided drawings specific to the deck relief requested. In addition, the applicant has provided photos of the existing conditions. The project remains the same with alterations to the existing home to create a new entryway. The work also includes a new deck to the back of the home and patio area improvement. The plans show the new addition entry elevation and the new deck. 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 ami, 'Ibi n of CZuccnsbuty 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; March 22, 2023; May 17, 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 72 sq. ft. covered porch and 238 sq. ft. addition to the existing home. There is to be a deck addition of 199.6 +/- sq. ft., a ground level patio of 297 sq. ft. and landscape rocks for path and firepit area. The parking area is to be reduced hard surfacing and installing an area of reinforced turf. In addition, there is to be a rain garden and shoreline plantings added to the site. The existing floor area of 2,809 sq. ft. to be increased to 3,047 sq. ft. There are no changes to the existing 1,152 sq. ft. floor area garage with living space. 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 expansion of a nonconforming structure and setbacks. Relief Required: The applicant requests relief for setbacks for a deck addition. The project site is on a 0.34 ac parcel in the WR zone. Section 179-3-040 dimensional Relief is requested for the deck to be setback 39 ft. where a 50 ft. setback to the shoreline is required. The existing deck to be removed is 28.3 ft from the shoreline and the home is 44.20 ft. SEQR Type II — no further review required; A public hearing was advertised and held on November 16, 2022, December 14, 2022, January 18, 2023, March 22, 2023, and May 17, 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. 63-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 17th Day of May 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 8-2023 Project Applicant: Sharon Serini Project Location: 15 Private Road # 1 Parcel History: SP 10-2023, FWW 2-2023 SEQR Type: Type II Meeting Date: May 17, 2023 Description of Proposed Project: (Revised) Applicant proposes a 2-story home with a footprint of 1,388 sq. ft., porch area of 240 sq. ft., and a floor area of 2,388 sq. ft. Lot line adjustment from 8,250 to 13,601 sq. ft. The project includes a septic system and stormwater management. The plan includes a vegetative plan for removal and plantings to remain. Site plan for new floor area in the CEA. Relief is requested for height and road frontage. Relief Required: The applicant requests relief for road frontage and height for the construction of a new home. The project is on a 0.19 ac parcel in the Waterfront Residential zone, Lake George; the current site is vacant. Section 179-3-040 dimensional 179-4-050 frontage The height of the new home is to be 29 ft. where the maximum height allowed is 28 ft. Floor area relief is also requested for developing on a vacant lot with access from a private drive with no physical road frontage to a town road. 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. The project may be considered to have minimal impact on the neighboring properties. 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 considered to construct the new home with a compliant height. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. Relief for the height is l ft. Relief for the road frontage as the lot doesn't front on a town road. 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 to no impact on the environmental conditions of the site or area. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes the construction of a new home on a vacant parcel. The new home will have access to Cleverdale Road from Private Road #1. The plans show the home to be two-story constructed on a slab. The plans include stormwater management, clearing, vegetative plantings. The revised plans indicate a lot line adjustment where the home is able to meet the setbacks and floor area ratio requirements. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Qeensbiny Area Variance Resolution To: Approve / Disapprove Applicant Name: Sharon Serini File Number: AV 8-2023 Location: 15 Private Road #1 Tax Map Number: 240.9-1-4 ZBA Meeting Date: February 15, 2023; March 22, 2023; May 17, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Sharon Serini. (Revised) Applicant proposes a 2-story home with a footprint of 1,388 sq. ft., porch area of 240 sq. ft., and a floor area of 2,388 sq. ft. Lot line adjustment from 8,250 to 13,601 sq. ft. The project includes a septic system and stormwater management. The plan includes a vegetative plan for removal and plantings to remain. Site plan for new floor area in the CEA. Relief is requested for height and road frontage. Relief Required: The applicant requests relief for road frontage and height for the construction of a new home. The project is on a 0.19 ac parcel in the Waterfront Residential zone, Lake George; the current site is vacant. Section 179-3-040 dimensional 179-4-050 frontage The height of the new home is to be 29 ft. where the maximum height allowed is 28 ft. Floor area relief is also requested for developing on a vacant lot with access from a private drive with no physical road frontage to a town road. SEQR Type II — no further review required; A public hearing was advertised and held on February 15, 2023, March 22, 2023; & May 17, 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: 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. 8-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 17t' Day of May 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 3-2023 Project Applicant: Hospitality Syracuse, Inc. (Mike McCraken) Project Location: 773 Quaker Road Parcel History: SP 13-2023, SP 14-2023, SUB 1/2023, SUB 2-2023 SEQR Type: Unlisted Meeting Date: May 17, 2023 Description of Proposed Project: Applicant proposes to install a 50 sq. ft. freestanding sign, two 25 sq. ft. menu boards, and 3 wall signs of 24.4 sq. ft. The project includes the development of a 2,650 sq. ft. Taco Bell drive thru restaurant and associated site work. Relief is requested for size of signs and number of signs. Relief Required: The applicant requests relief for size of signs and number of signs. The parcel is 1.35 ac as part of a recent subdivision in the Commercial Intensive zone. Section 140 signs Thr project includes a 50 sq. ft. freestanding sign, two 25 sq. ft. menu boards that are freestanding signs where only one free standing sign is allowed at 45 sq ft. The project also proposes 3 wall signs of 24.4 sq. ft. where only one wall sign is allowed. Criteria for considering a Sign Variance according to Chapter 140 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 sign variance. Minimal 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 a sign variance. Feasible alternatives may be considered to reduce the number of walls signs. Also the reduction of the freestanding sign to a compliant size and the number of freestanding signs could be reduced. 3. Whether the requested sign variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested for three freestanding signs noting two of them are digital menu boards. Relief requested for the size of the freestanding sign is 5 sq ft. Relief is requested for three wall signs where only one wall sign 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 as proposed may have minimal to no impact on the environmental conditions of the neighborhood or district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to install the Taco Bell brand signage package to a new restaurant building. The plans show the location of the digital menu boards to be at the drive thru area. The menu boards are digital advertising the items offered for sale. The wall signs include the logo bell and the word Taco Bell, where two of the signs are on the tower and the other over a door. The sign color includes purple and white. The building colors also include wood color, grey, purple and white. Note on EAF question #2 is yes and Zoning Board of Appeals should be listed per NYSDEC. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 �..W WWI Rmn of f_ucensbury Sign Variance Resolution To: Approve / Disapprove Applicant Name: Hospitality Syracuse, Inc. (Mike McCraken) for Taco Bell File Number: SV 3-2023 Location: 773 Quaker Rd. Tax Map Number: 303.15-1-27 ZBA Meeting Date: May 17, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Hospitality Syracuse, Inc. (Mike McCraken). Applicant proposes to install a 50 sq. ft. freestanding sign, two 25 sq. ft. menu boards, and 3 wall signs of 24.4 sq. ft. The project includes the development of a 2,650 sq. ft. Taco Bell drive thru restaurant and associated site work. Relief is requested for size of signs and number of signs. Relief Required: The applicant requests relief for size of signs and number of signs. The parcel is 1.35 ac as part of a recent subdivision in the Commercial Intensive zone. Section 140 signs The project includes a 50 sq. ft. freestanding sign, two 25 sq. ft. menu boards that are freestanding signs where only one free standing sign is allowed at 45 sq ft. The project also proposes 3 wall signs of 24.4 sq. ft. where only one wall sign is allowed. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 3-2023. Applicant Name: Hospitality Syracuse, Inc. (Mike McCraken) based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 171h Day of May 2023, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, May 17, 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: 1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 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) , Adherence to. the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the following A through E): A. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; B. If the property is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA's review is completed; C. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & codes personnel' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval,or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Based on the above findings I make a MOTION TO APPROVE / DENY Sign Variance 3-2023, Hospitality Syracuse, Inc. (Mike McCraken), Introduced by , who moved for its adoption, seconded by Duly adopted this 17t' Day of May 2023, by the following vote: AYES: NOES: