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08-16-2023 (Queensbury ZBA Meeting OS/16/2023) QUEENSBURYZONINGBOARD OFAPPEATS FIRSTREGUTAR MEETING AUGUSTI6TH 2O23 INDEX Area Variance No.4-2023 Geraldine Eberlein 1. FURTHER TABLING Tax Map No.227.17-1-25; 227.17-1-24 (septic) Area Variance No.27-2023 Elizabeth Hogan 2. Tax Map No.2S9.14-1-27.2 Area Variance No. 31-2023 Queensbury Avenue LLC 5. Tax Map No. 303.16-1-5S Area Variance No.2S-2023 James DeNooyer 9. Tax Map No.239.1E-1-22 Area Variance No.29-2023 William Gedney 14. Tax Map No.2S9.9-1-22 Area Variance No. 30-2023 Stephen&Sabrina Hitchcock 1S. Tax Map No.27S.-1-34 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTH'S MINUTES(IF ANY)AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 1 (Queensbury ZBA Meeting 08/16/2023) QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING AUGUST 16TK,2023 7.00 P.M. MEMBERS PRESENT MICHAEL MC CABE,CHAIRMAN JAMES UNDERWOOD,VICE CHAIRMAN ROY URRICO,SECRETARY JOHN HENKEL RICHARD CIPPERLY RONALD KUHL ROBERT KEENAN LAND USE PLANNER-LAURA MOORE STENOGRAPHER-KAREN DWYRE MR. MC CABE-Good evening. I'd like to open tonight's meeting of the Queensbury Zoning Board of Appeals,Wednesday,August 16th.2023. If you haven't been here before,our procedure is relatively simple. There should be an agenda on the back table. We'll call each case up,read the case into our record, allow the applicant to present the case, we'll question the applicant. If a public hearing has been advertised, then we'll open a public hearing and take input from anybody that wishes to address us on the project and then we'll poll the Board, see where we stand, and proceed accordingly but first we have a couple of administrative items. So,John, I wonder if you could give us a motion on the meeting minutes for July 19th. APPROVAL OF MINUTES July 19th,2023 MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING MINUTES OF JULY 19TH,2023, Introduced by John Henkel who moved for its adoption, seconded by Ronald Kuhl: Duly adopted this 16th Day of August 2023,by the following vote: AYES: Mr. Cipperly,Mr.Keenan,Mr. Henkel,Mr. Kuhl,Mr. Urrico,Mr. Underwood, Mr. McCabe NOES: NONE MR. MC CABE-And so can we have request to table AV 4-2023. ADMINISTRATIVE ITEM: REQUEST TO TABLE AV 4-2023 (EBERLEIN)TO OCTOBER 18,2023 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 anew 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 Mr. Henkel who moved for its adoption,seconded by Mr. Cipperly: Tabled to October IS,2023 with new information due by September 15,2023. Duly adopted this 16th Day of August 2023,by the following vote: AYES: Mr. Keenan,Mr. Cipperly,Mr. Henkel,Mr. Kuhl,Mr. Underwood,Mr. Urrico, Mr. McCabe NOES: NONE MR. MC CABE-So our first application is AV 27-2023,Elizabeth Hogan,105 Fitzgerald Road. 2 (Queensbury ZBA Meeting 08/16/2023) NEW BUSINESS: AREA VARIANCE NO. 27-2023 SEQRA TYPE TYPE II ELIZABETH HOGAN OWNER(S) ROBERT &z ELIZABETH HOGAN ZONING WR LOCATION 105 FITZGERALD RD. APPLICANT REQUESTS TO MAINTAIN A 42 SQ. FT. SAUNA BUILDING AND A 46 SQ. FT. LEAN-TO BUILDING BOTH WITHIN 50 FT. OF THE SHORELINE. THE SAUNA AND LEAN- TO WERE CONSTRUCTED AS AMENITIES TO THE LAKE. THE EXISTING 1,682 SQ. FT. FOOTPRINT HOME IS TO REMAIN. THE EXISTING CONDITIONS AND STEPS ARE TO REMAIN WITH NO CHANGES. SITE PLAN FOR NEW FLOOR AREA IN A CEA AND HARD SURFACING WITHIN 50 FT. OF SHORELINE. RELIEF IS REQUESTED FOR SETBACKS. CROSS REF SP 53-2023 WARREN COUNTY PLANNING N/A LOT SIZE 2.42 ACRES TAX MAP NO.289.14-1-27.2 SECTION 179-3-040;179-6-065 ELIZABETH HOGAN,PRESENT STAFF INPUT Notes from Staff,Area Variance No. 27-2023, Elizabeth Hogan, Meeting Date: August 16,2023 "Project Location: 105 Fitzgerald Rd. Description of Proposed Project: Applicant requests to maintain a 42 sq. ft. sauna building and a 46 sq. ft.lean-to building both within 50 ft. of the shoreline. The sauna and lean- to were constructed as amenities to the lake. The existing 1,682 sq. ft. footprint home is to remain. The existing site conditions and steps are to remain with no changes. Site plan for new floor area in a CEA and hard surfacing within 50 ft.of shoreline. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for an already constructed lean-to and sauna. The project parcel is 2.42 ac and is located in the Waterfront Residential zone. 179-3-040 WR&179-5-020 accessory structures The Sauna is 24.5 ft.from the shoreline and the Lean-to is 17 ft.from the shoreline where a 50 ft. shoreline 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 limited due to the location of the accessory structures and the slope of the property. 3. Whether the requested area variance is substantial. The relief maybe considered moderate relevant to the code for setbacks. The side setback relief for the Sauna is 25.5 and the lean-to is 33 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 as proposed will have minimal impact to the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant requests to maintain two accessory buildings near the shoreline. The Lean-to is an open structure and used to store life jackets and items used on the lake. The Sauna was constructed from a kit and due to the proximity to the shore is subject to setback requirements.The applicant had to wait for the survey to be completed prior to presenting the project information to the board." MS. HOGAN-Good evening. I'm Elizabeth Little Hogan, one of the owners of the property and do you want me to tell you how the whole project came to be? MR. MC CABE-Sure. MS. HOGAN-So my son who graduated from college and his cousin who was leaving for the military decided they wanted to build a sauna,and as soon as they went to buy the wood I called to see if we needed 3 (Queensbury ZBA Meeting OS/16/2023) to get a permit or not. She told me the sad news that we did. So we started the process of trying to get the surveyor and it just took months,but my nephew was going, he was joining the Navy Seals to do his training and wanted to try the sauna before he left. So the neighbors were nice and they let us put it on a trailer and so it's sitting on a trailer by the water now, and then after we started the process,that's when Laura and I were looking at the survey and she said what about this. I didn't realize that the lean-to had needed a permit. So I hadn't sought one prior. So I put both applications in. Last night I was in front of the Planning Board and tonight I'm here, and I think two of you have come and seen the site, at least according to my daughter's boyfriend,there were two visitors and I know Mr. Underwood sees it almost every day. MR.KUHL-Yes,we can see it from the lake. MR.KEENAN-I saw it,too. MR. MC CABE-So do we have questions of the applicant? MR. HENKEL-I've got a question for Staff. Isn't that just like somebody having a trailer? I mean people can move a trailer on site,it's on wheels. So what's the difference if someone has a trailer next to a property line or something like this,because this moveable. MRS. MOORE-Well the intent is to take it off the trailer and place it in that position near the water. So the idea was simply just to move it,to locate it near the water's edge is my understanding and the intent is to locate it in that location,due to the slopes. MS. HOGAN-Our intent is to take it off the trailer. We hope to. We'd like to. MR.HENKEL-The other thing is you really don't need a permit for that building since it's under the square footage,but it's because of the location of it. MRS. MOORE-Right. MS. HOGAN-That's what I thought,too. MR.KUHL-Plus,John,have you been thereto the property? It's behind it. MR. MC CABE-Other questions? So a public hearing has been advertised. So at this particular time I'm going to open the public hearing and see if there's anybody in the audience who would like to comment on this particular project? PUBLIC HEARING OPENED ETHAN HALL MR. HALL-For your records,my name is Ethan Hall. I live at 119 Hunter Street. I've known Liz and her family for going on 20 years now. Our daughters went to school together. We have a camp on Glen Lake as well and we're constantly out there. I can say that both of these structures literally you can't see them from the lake. I mean you've got to be right on your shoreline to see them, and this is really the only flat area that they have and then it goes straight up to the house. So I would encourage you to approve this application. MR. MC CABE-Is there anybody else that would like to approach us on this particular project? Roy, do we have anything written? MR. URRICO-Yes, I didn't read the motion from the Planning Board. Based on its limited review identified the following areas of concern: One, being not in support of having the sauna within the shoreline area setback within a CEA and Two in regards to the shed lean-to,if conditioned only for water sports equipment,it is less of a concern, and that was adopted on August 15`h,2023 by a unanimous vote. There's another letter. "Property is well treed lot.. Structures are not in excess of S'height and will not be noticeable from the lake. My residence is at 50 Fitzgerald Rd. I see no negative impact and support request as being reasonable." And that's from Michael O'Connor. MR.KUHL-Could I just ask her one question? MR. MC CABE-Certainly. MR.KUHL-Don't you have more acreage than that 2.42? Don't you have 14 acres? MS. HOGAN-No. 4 (Queensbury ZBA Meeting OS/16/2023) MR.KUHL-That's all you have is 2.42? I thought you got the big piece of property with that? MS. HOGAN-No. The Nolan camp next to us, I think they only have five acres, though, but, no. Our septic is up at the top of the hill. MR.KUHL-Okay. MR. MC CABE-So at this particular time I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-I'm going to poll the Board, and I'm going to start with Jim. MR. UNDERWOOD-I don't think there's any problem with the request for both of these. They're both located as far back from the lake as they can be. They have a steep bank going up to the house. You have to carry everything up and down every time you use it. So I'm all in favor of it. MR. MC CABE John? MR. HENKEL-I was ready to say no on this project until Mr. Hall gave his opinion. So I'm definitely on board as is. It's a good project. MR. MC CABE-Ron? MR. KUHL-Yes, I think the property supports the need for this variance. So I'd be in favor of it the way it's presented. MR. MC CABE-Roy? MR. URRICO-Yes,I'm in favor of the project. MR. MC CABE-Bob? MR. KEENAN-Yes, I don't have any problems with this. I don't think there's any other place to feasibly put this. MR. MC CABE-Dick? MR. CIPPERLY-It's a very reasonable request. I have no problem with it. MR. MC CABE-And I,too,think it's a reasonable request. There's not really too many other places that you'd want to put it and still be able to keep water in the sauna. So I wonder, Ron, if you'd make us a motion here. MR.KUHL-Thank you,Mr. Chairman. The Zoning Board of Appeals of the Town of Queensbury has received an application from Elizabeth Hogan. Applicant requests to maintain a 42 sq. ft. sauna building and a 46 sq. ft. lean-to building both within 50 ft.of the shoreline.The sauna and lean-to were constructed as amenities to the lake.The existing 1,652 sq. ft. footprint home is to remain. The existing site conditions and steps are to remain with no changes. Site plan for new floor area in a CEA and hard surfacing within 50 ft. of shoreline. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for an already constructed lean-to and sauna. The project parcel is 2.42 ac and is located in the Waterfront Residential zone. 179-3-040 WR&179-5-020 accessory structures The Sauna is 24.5 ft.from the shoreline and the Lean-to is 17 ft.from the shoreline where a 50 ft. shoreline setback is required. SEQR Type II—no further review required, A public hearing was advertised and held on Wednesday,August 16,2023. 5 (Queensbury ZBA Meeting OS/16/2023) Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-OSO(A)of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation,we find as follows: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because this is really a minor impact to the property and the property goes vertically and is the only place to put it. 2. Feasible alternatives were looked at and have been considered by the Board, are reasonable and have been-included to minimize the request. 3. The requested variance is not substantial because again,the way the property goes up and this lot is a two and a half acre lot. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. Although we could suggest the alleged difficulty is self-created. 6. In addition,the Board finds that the benefit to the applicant from granting the requested variance would—Outweigh (approval) 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,- S. The Board also proposes the following conditions: a) 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 AREA VARIANCE NO. 27-2023 ELIZABETH HOGAN,Introduced by Ron Kuhl,who moved for its adoption,seconded by James Underwood: Duly adopted this 16th Day of August 2023 by the following vote: AYES: Mr. Cipperly,Mr.Keenan,Mr. Henkel,Mr. Urrico,Mr. Underwood, Mr. Kuhl,Mr. McCabe NOES: NONE MR. MC CABE-Congratulations,you have a project. MS. HOGAN-Thank you very much. MR. MC CABE-So our next application is AV 31-2023,Queensbury Avenue LLC,44S Dix Avenue. AREA VARIANCE NO. 31-2023 SEQRA TYPE TYPE 11 QUEENSBURY AVENUE LLC AGENT(S) CARYN MLODZIANOWSKI, BOHLER ENGINEERING &z LANDSCAPE ARCHITECTURE NY PLLC OWNER(S) IBRAHIM JAMAL&z SAMER MAKHLOUF ZONING CM LOCATION 446 DIX AVENUE APPLICANT PROPOSES AN 1,818 SQ.FT.SINGLE STORY ADDITION OF A CONVENIENCE STORE TO AN EXISTING 3,514 SQ. FT. BUILDING WITH ACCESS TO EACH USE INTERNALLY. THE EXISTING BUILDING IS FOR CAMERON'S DELI AND HAS AN EXISTING BASEMENT AND A GARAGE WITH A SECOND STORY. THE PROJECT INCLUDES CONSTRUCTION OF A 1,458 SQ. FT. GAS CANOPY WITH 6 FUELING STATIONS. THE SITE WORK INCLUDES STORMWATER MANAGEMENT, LIGHTING AND LANDSCAPING. SITE PLAN FOR NEW COMMERCIAL USE IN THE CM ZONE. RELIEF IS REQUESTED FOR SETBACKS. CROSS REFERENCE: SP 54-2023; PZ 60-2016; SP 34-95 WARREN COUNTY PLANNING AUGUST 2023 LOT SIZE 1.35 ACRES TAX MAP NO. 303.16- 1-58 SECTION 179-3-040 ETHAN HALL&CARYN MLODZIANOWSKI, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff, Area Variance No. 31-2023, Queensbury Avenue LLC, Meeting Date: August 16, 2023 "Project Location: 446 Dix Avenue Description of Proposed Project: Applicant proposes an 1,S1S sq.ft. single story addition of a convenience store to an existing 3,514 sq. ft. building with access to each use internally. The existing building is for Cameron's Deli and has an existing basement and a garage with a second story. The project includes construction of a 1,45E sq. ft. gas canopy with 6 fueling stations. The 6 (Queensbury ZBA Meeting OS/16/2023) site work includes stormwater management,lighting, and landscaping. Site plan for new commercial use in the CM zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of gas canopy associated with construction of convenience store addition to an existing store. The project site is on a 1.35 ac parcel in the commercial moderate zone. Section 179-3-040 CM The proposed 1,45E sq. ft. gas canopy is to be located 56.9 ft. from the Dix Avenue setback where a 75 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 considered to align the canopy with the proposed addition. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested is IS.1 ft.from the front setback. 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 maybe considered to have minimal 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 proposed gas canopy is proposed with the new addition to the existing building. The building would be 5,332 sq.ft.that would include the new convenience store,the existing Cameron's Deli with the garage. The plans indicate there are to be 6 fueling stations;the dimensions of the distance between parking and traffic flow are provided on the same plan." MR. URRICO-Then I also have Warren County Planning Department in their Staff comments they said "The reviewing board should consider the appropriateness of encouraging the applicant to include pedestrian improvements to the site. This corridor is continuing to develop (Warren and Washington County)and improving safe pedestrian access to the site may become increasingly important." Then the Queensbury Planning Board,based on its limited review, did not identify any significant adverse impacts that cannot be mitigated with the current project proposal. And that was passed August 15`h, 2023 by a unanimous vote. MR. MC CABE-So just a quick question. Did we tell Washington County that we were going to review this case? This must be pretty close to them. Right? It's further away from them? I just wanted to check. MS.MLODZ IANOWSKI-Good evening. Caryn Mlodzianowski from Bohler Engineering with Ethan Hall of Rucinski Hall Architecture this evening on behalf of Queensbury Avenue LLC for this proposed project at 446 Dix Avenue. As discussed we're proposing a 1,45E square foot gas canopy that would have three fueling islands with six fueling positions,which is an allowed use within this zone and as mentioned we're here to seek relief for the front yard setback from Dix Avenue which would be this dimension that's here to the front of that structure and we're proposing 56.9 feet where 75 feet is required. In looking at the site layout and position of this canopy,we were able to have adequate circulation for the fueling truck which the tanks are located over here, and being able to pull everything forward to increase the green space to our neighbors within the rear of the lot. So we feel that this works effectively with that canopy pulled forward and away from them,from a truck circulation standpoint, as well as that additional green space to the rear. MR. HALL-For your records, Ethan Hall,principal with Rucinski Hall Architecture. The area that is in the back is the area of the sewage disposal system. So that is an underground. We've left that, so we've kind of pulled it forward enough to get it away from that and allow somebody to not drive on it. 7 (Queensbury ZBA Meeting OS/16/2023) MR. MC CABE-So do we have questions of the applicant? MR.KUHL-The only thing that confused me is they showed a picture of a Stewarts. MR.HALL-That's just for the canopy. MR. KUHL-Yes,but you didn't say that. Thank you very much. That confused me until I kept reading. But thank you,Mr. Chairman,I have no questions. MR. MC CABE-So at this particular time I'm going to open the public hearing and see if there's anybody in the audience who would like to address us on this particular project. Is there anything written, Roy? PUBLIC HEARING OPENED MR. URRICO-There's one letter. "Cameron's currently has bright outdoor lighting and outdoor music that is non-stop. The lights glare into my windows forcing me to keep my blinds and drapes closed. The music plays continuously. At 6:30 a.m. the dumpster is emptied, this is very loud and wakes up my household. I hope these issues are addressed when considering an expansion. Sincerely,Carla Armstrong, 2 Carroll St.,directly behind Cameron's Deli." That's it. MR. MC CABE-So at this particular time I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-Are you guys going to play loud music at six in the morning? MR. HALL-We didn't realizes that they were,but we'll make note of that with the owner and make sure that that gets taken care of. MR. MC CABE-I'm going to poll the Board, and I'm going to start with Bob. MR. KEENAN-Well we can't address the neighbor's concerns really directly,but I don't have any issues with the property. MR. MC CABE-Roy? MR. URRICO-No,I don't have any issues. I just anticipate some more variances coming down the road, but we can't address that now. I'd be in favor of the project. MR. MC CABE-Ron? MR. KUHL-Yes,I think it's a good project,but I also think that the applicant should heed the letter that was written. Perhaps they could make that change, even now. Have your dumpster people re-schedule their pickups for after eight o'clock in the morning. The music thing we can't control. It's being a good neighbor. That's all. But I'm in favor of the project the way it's presented. MR. MC CABE John? MR. HENKEL-Yes,they're asking for minimal relief. It's better kind of closer to the road with the traffic anyway,instead of having it closer to the neighbor in the back. They're only asking for IS.1 feet. So I would be on board as is. MR. MC CABE Jim? MR. UNDERWOOD-The relief is only for the canopy. I don't think there's any impact on the neighborhood. MR. MC CABE-Dick? MR. CIPPERLY-I agree. They put the canopy up where they did, that's fine. I don't know how much more traffic Dix Avenue can handle before the State does something different,but that's not here. MR. MC CABE-And I,too, support the project. What's being asked of us is really minimal and it seems like a very practical request. So,with that in mind,Bob,I wonder if you could make us a motion here. The Zoning Board of Appeals of the Town of Queensbury has received an application from Queensbury Avenue LLC. Applicant proposes an l,S1S sq.ft.single story addition of a convenience store to an existing 3,514 sq.ft.building with access to each use internally. The existing building is for Cameron's Deli and has an existing basement and a garage with a second story. The project includes construction of a 1,45E sq. ft. S (Queensbury ZBA Meeting OS/16/2023) gas canopy with 6 fueling stations. The site work includes stormwater management, lighting, and landscaping. Site plan for new commercial use in the CM zone. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of gas canopy associated with construction of convenience store addition to an existing store. The project site is on a 1.35 ac parcel in the commercial moderate zone. Section 179-3-040 CM The proposed 1,45E sq. ft. gas canopy is to be located 56.9 ft. from the Dix Avenue setback where a 75 ft. setback is required. SEQR Type II—no further review required, A public hearing was advertised and held on Wednesday,August 16,2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-OSO(A)of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation,we find as follows: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because of the location and the siting of the canopy. 2. Feasible alternatives have been considered by the Board,are reasonable and have been included to minimize the request. 3. The requested variance is not substantial because of the setback from the road and the location of the neighbors. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty may be considered self-created only because they're a business trying to change it's not an issue. 6. In addition,the Board finds that the benefit to the applicant from granting the requested variance would—Outweigh (approval) 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,- S. The Board also proposes the following conditions: a) 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 AREA VARIANCE NO. 31-2023 QUEENSBURY AVENUE LLC, Introduced by Robert Keenan, who moved for its adoption, seconded by Ron Kuhl: Duly adopted this 16th Day of August 2023 by the following vote: AYES: Mr.Henkel,Mr. Underwood, Mr. Keenan,Mr. Cipperly,Mr. Urrico,Mr.Kuhl,Mr. McCabe NOES: NONE MR. MC CABE-Congratulations. You have a project. MR.HALL-Thank you very much. MR.HENKEL-Do we want to make as a condition that we should recognize that letter of concern? MRS. MOORE-So I'm going to identify that with the Planning Board. I think that's more of a site plan issue. I may take a look at it and if I can reach out to that person I may assist that. MR.HALL-We'll make sure the owner is aware of that. MR. MC CABE-Thank you. 9 (Queensbury ZBA Meeting 08/16/2023) MR. MC CABE-So our next application is AV 28-2023,James DeNooyer,19 Lockhart Loop. AREA VARIANCE NO. 28-2023 SEQRA TYPE TYPE II JAMES DE NOOYER AGENT(S) JOSEPH J BIANCHINE,PE&z DAVE KIMMER(ABD ENGINEERS LLP) OWNER(S) JAMES DE NOOYER ZONING RR-5A LOCATION 19 LOCKHART LOOP APPLICANT PROPOSES TO CONSTRUCT A 1,891 SQ. FT. PICKLEBALL COURT WITH A SURROUNDING FENCE. THE PROJECT INCLUDES STORMWATER MANAGEMENT AND GRADING FOR THE COURT. THE FENCE INDICATES A DECORATIVE FENCE OF PRIVACY TYPE. THE EXISTING HOME OF 1,548 SQ.FT.FOOTPRINT AND THE 988 SQ.FT.FOOTPRINT GARAGE IS TO REMAIN. THE GARAGE WILL HAVE THE FENCE ATTACHED TO IT. RELIEF IS REQUESTED FOR SETBACKS. CROSS REF AV 34-2020;SP 44-2020 WARREN COUNTY PLANNING AUGUST 2023 ADIRONDACK PARK AGENCY ALD LOT SIZE 1.84 ACRES TAX MAP NO. 239.18-1-22 SECTION 179-5-020 JON ZAPPER&DAVE KIMMER REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No. 28-2023,James DeNooyer, Meeting Date: August 16, 2023 "Project Location: 19 Lockhart Loop Description of Proposed Project: Applicant proposes to construct a 1,891 sq.ft.pickleball court with a surrounding fence.The project includes stormwater management and grading for the court. The fence indicates a decorative fence of privacy type. The existing home of 1,548 sq. ft. footprint and the 988 sq. ft. footprint garage is to remain. The garage will have the fence attached to it. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the proposed construction of a pickle ball court. The project parcel is 1.84 ac located in the RR5 acre zone. Section 179-3-040 RRSa&r 179-5-020 accessory The proposed pickle ball court is to be located 54 ft. from Lockhart Mountain Road and 52 ft. from State Route 9L 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. 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 are limited due to the property configuration with roads on all sides. 3. Whether the requested area variance is substantial. The relief requested may be considered minor relevant to the code. The relief requested for Lockhart Mtn. Road 46 ft. and for State Route 9L is 48 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 maybe 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 maybe considered to be self-created. Staff comments: The applicant proposes to install a pickle-ball court of 1,891 sq. ft. The project includes stormwater management for the court. The court will be surrounded by a fence. There are no changes to the existing buildings on the site." MR.ZAPPER-Good evening,everyone. For the record,Jon Lapper with Dave Kimmer the project engineer from ABD Engineering. So as Laura read,this is a unique piece of property because it's surrounded by road on all sides. So everything is a front yard and that's why we need the variance,but if you take into account the road right of way and the pavement on both sides,the location of the pickle ball court is almost at 100 feet and to the nearest neighbor it's about 150. So we don't see that as an impact. It's almost a two acre 10 (Queensbury ZBA Meeting OS/16/2023) piece of property. They planted about SO spruce trees along 9L years ago and they're beautiful and that does a great job of shielding it from that side. I'll ask Dave to walk you through the site plan. It's pretty straightforward,but we did, Laura sent us two letters from neighbors today and we were surprised that anybody would care but we're certainly here to address that. So, Dave, if you want to just walk them through. MR.KIMMER-So as you can see here. MR. MC CABE-First of all you have to state your name for the record. MR.KIMMER-Okay. My name is Dave Kimmer from ABD Engineers. As you can see here the property's outlined in red. As Jon mentioned it's almost two acre ,but it's got all front yards. If you were to take the setbacks and if you were to draw a 100 foot setback there's pretty much no usable land. I mean the existing house,the garage,they're already outside the setbacks,as are most of the properties around it. As you can see the pickle ball court over there in yellow kind of in context with where the garage and the house are. We will be grading along the side of the pickle ball court,just to capture any water runoff and direct it to a small depression on the downhill side and,yes,that's really about all there is to it. You can see that there is a lot of existing screening from trees that were planted over the years. MR. ZAPPER-I just want to add that Jim's son Tom is here with us tonight to answer any questions, and that's really the extent of it. One of the letters talked about the noise at night. MR. MC CABE Just wait until we have the complete public hearing. MR. ZAPPER-But I just wanted to put it on the record before that there are no lights on the site plan and we're stipulating that there aren't going to be any lights. So it's not for night use and that would be a stipulation. MR. MC CABE-Sure. MR.HENKEL-And no loud music. MR. ZAPPER-Not at 6:30 in the morning. MR. MC CABE-Do we have questions of the applicant? MR.KUHL-What's the height of the fence and what kind of fence are you going to put up? MR. KIMMER-It's going to be a four foot high fence. I do believe we submitted a cut sheet to the Board with the application. It's going to be a decorate vinyl picket fence. MR. MC CABE-Other questions? MR.KEENAN-You don't need a variance for that? MR. KUHL-I saw it,but I want it on the record because if it were my pickle ball court I'd put verticals in with netting. MR. KIMMER-So let me clarify. The fence that we picked, the distance between the pickets is small enough that a pickle ball cannot get through. MR. KUHL-I mean there's no intention to start putting eight foot verticals in there with netting over the fence,is there? MR.KIMMER-No. MR.KUHL-And are we going to look for a shut down time at night,or? MR. ZAPPER-There's no lights. MR. KUHL-Yes, but it's light until 5:30 this time of the year and it gets to be seven later on, but again, okay,I'll give you that. Is this for personal use? We're not going to have any leagues there? MR. ZAPPER-It's for personal use. MR.KUHL-My son has got four of them. You're not going to put a water fountain in there either? You're just going to be the pickle ball court out in the woods? I mean I'm not trying to bust. Okay. He said no. I got his head. Thank you. 11 (Queensbury ZBA Meeting OS/16/2023) MR. MC CABE-Other questions? So a public hearing has been advertised. So at this particular time I'm going to open the public hearing and see if there's anybody in the audience who would like to address us on this particular project? Sure. PUBLIC HEARING OPENED MICHAEL LYDEN MR.LYDEN-So this is less than 100 feet from our property and I've got two,if I could give this to you guys, copies of the New York Times. What they both describe is that at 100 feet the decibel level of a whiffle ball court is 70 decibels,90's unhealthy. This one is not even 100 feet from our bedroom and our bath,and I know one of the things in this Zoning Ordinance said there's trees. There's zero trees between our property. So it's going to be unbelievably noisy with no soundproofing. There's also feasible alternatives. I mean this space here, if, you know, the Denooyers are over here, this provides great soundproofing because you've got the garage here and the house. Well for us there's none,whereas if you were to put this here, this house would act as a soundproof barrier for everybody else on Lockhart Loop and there's also space here. So I'm not sure why that's the only space it can go. Plus I submitted pictures with that. So I have concerns of detriment to health,feasible alternatives. I wrote a pretty detailed letter on this. Sent pictures of it. There's also water runoff already that you cannot, I don't know if you guys looked, but I sent pictures of a catch basin which is full any time there's a rain storm. So what we have right now is there's a driveway, and any time I rained,this is my house. You can sort of see it goes down the driveway. It's just going to increase the water flow coming down there. It's a slope. Whereas again this area is flat. So I don't know why that's not an option as a feasible alternative. What I would also point out is there's pickle ball courts at the park less than a few miles down the road.. Those pickle ball courts are, at a minimum like 300,to 400 feet from the closest house. This is less than 100 feet from our bedroom. So it's not like maybe it's going to be an undesirable change. It's going to be an undesirable change from the quality of life, enjoying our home, and from the property value as well and a couple of other things on the variance questions. There's not a single tree between their house. So I'm not sure where that question comes from on the questionnaire. I talked about other areas, where it could go. Again, the fence is just decorative. So there's no soundproofing,and if you look at those articles I provided they're pretty detailed. One of them's from a pickle ball club in Massachusetts. The other one's from the New York Times, and I mean they talk about what a nuisance they are because they're all consistent with the 70 decibels at 100 feet. MR. HENKEL-What are you talking about? How many courts? One court or twenty courts? You're talking about those clubs they probably have more than one court. MR. MC CABE-He's talking commercial versus private. It's not really a good comparison, but we're listening to you. MR. LYDEN-It doesn't say that. If you read the articles,it doesn't say that. So it absolutely does not say that. While I appreciate that feedback,that's not consistent with what it says. It's talking about just the ball hitting the racket and the ball hitting the court. Then there's also the issue of traffic. I guess if it's just personal use I guess that's not going to be a big issue,but obviously I have huge concerns over this,what it does to the peaceful enjoyment of my property and property value. Our bedroom is literally right there, but I also,the other thing I don't understand,like I said,it's a large piece of property and I don't see why it can't go here or here. If it's here,that shields every single other house and by the way this is also a more level spot, whereas where it's being proposed is a slant where water's already running off towards the house. So that's it. MR. MC CABE-Okay. MR. LYDEN-All right. Thank you. MR.MC CABE-Is there anybody else that would like to address the Board on this particular matter? Sure. THOMAS CURRIE MR. CURRIE-My name's Currie. I live at 15, 16 Tuttle Lane. Just to focus again briefly. The big issue with pickle ball,there's two big issues with pickle ball. Number One,injuries. That's not your concern. Number Two, is noise. There's been litigation all over the country regarding noise and pickle ball. The recommendations are pretty unanimous,that I have read,that when you have a pickle ball facility you've got to screen, and decorative fence doesn't screen anything. So you either screen it or you put a solid wall up. That's how you cut the noise down to acceptable levels. You may have read 70 decibels it's almost double a tennis court. It's almost as much as a vacuum cleaner. That's what you're looking at. The second that I would just note is they have an engineer, and they talk about stormwater warning with water. There's an issue thereon the Loop. Right now there's a catch basin for the DeNooyer property at 19 that's not functional. The Highway Department says they're going to try to replace it. The Highway Department has asked me for permission to allow the catch water basin on our property, and I gave them permission. 12 (Queensbury ZBA Meeting OS/16/2023) They're going to try to get to that. We get an awful lot of runoff going down towards the lake already. He's got a catch basin in there. I don't know whether he has studied,in his plan I don't know whether he has studied the history of the Loop. Certainly I don't expect you would be,you weren't there for the two big storms within the last two weeks, but if you were, you would have seen a lot of stuff coming down there. So I have a concern about that. Just for the record. My other concern that there's no attempt made to buffer the noise and they could be going from eight in the morning until eight at night. Thank you. MR. MC CABE-Anybody else that would like to address the Board? BRANT BOTTUM MR. BOTTUM-Hi. My name's Brant Bottum. I live at 7 Wood Point Lane. I think as far as this map is concerned I'm down here on Wood Point Lane,and my primary concern would just be the noise level, and the gentleman who just spoke,I'm in somewhat agreement with him that I think it would be good to have some,if this passes,to have some other type of fencing. That picket fence really is not going to do anything as far as noise abatement goes, and we enjoy a very quiet spot on the lake,but whenever there's anything going on, like a backup beeper from construction or whatever, it's very disturbing and if there's a lot of, and I haven't ever listened to pickle ball. So I can't really speak to it from an expert point of view, but what I've been hearing is that there's a fair amount of noise level resulting from that, and that would be disruptive if in fact we could hear it down at our cabin. That's all I had to say. Thank you. MR. MC CABE-Sure. Anybody else? NORM SEVITS MR. SEVITS-My name is Norm Sevits. I live at 16 Sevits Drive. I live next door to Brant Bottum. I,too, have concerns,and mainly I'm concerned about the neighbor that lives across the street from that location. I believe he has front row seats to that pickle ball game,and that would really take away from his property and when he bought that,that was not considered and so,you know,I'm on the lake. I can hear,you know pickle ball is a hard paddle against a plastic ball. I,too,have not played pickle ball. I have not heard it, but I've heard about it,and I just have major concerns in that area and there's no sound inhibitor. I don't have to repeat that,but it wasn't stated. So that would be my feeling about this. I'm not in favor of it. MR. MC CABE-Sure. Anybody else? So do we have anything written,Roy? MR. URRICO-There was one letter from Michael Lyden and he's already spoken. MR. MC CABE-Did you cover what? MR. LYDEN-Yes,I'm good. Thank you. MR. URRICO-And there's a second letter that's hard to read. It's a copy of it. Laura's going to read it. MRS. MOORE-"My name is Stephen Burnett and my property at 11 Andrew Drive borders on subject property. I am greatly opposed to the location of subject pickle ball court. Creating such a project changes the use of subject land which is a part of the Plum Point residential zone where peace and solitude are cherished for generations. Such a use of these lands is not consistent with the values cherished by residents. By allowing higher than normal noise levels and the likelihood that other detrimental changes such as parking lots on Lockhart Loop,where there is often a problem with cars parked on someone else's property. We don't need more traffic on Lockhart Loop where people walk,jog, and enjoy nature. We need to promote an environment where people refresh and renew rather than become agitated. Night lights for sports events are generally intrusive and impact the surrounding properties. Will the lights be restricted to shine down rather than out? Let's keep residential neighborhoods residential and not change the character of the area. Let's support activities that renew and refresh people. Let's promote love of the environment. Let's support quiet, environmental friendly activities. Let's put activities like pickle ball, tennis and other sports activities in an area where the activities are grouped such as a park. Vote No. Stephen Burnett" He's at 11 Andrew Drive. I think I captured that. MR. MC CABE-So would you like to address some of the questions? MR. ZAPPER-Yes. Thank you. So first of all on stormwater,Dave designed this where we're taking care of the stormwater on this project from the impermeable area,but the percentage of impermeable after the pickle ball court is built is S9%. So we're way over,and this is being infiltrated properly. The discussion that one of the neighbors talked about of course the water isn't coming from this property. It's Lockhart Mountain,and anyone that's driven up Lockhart Mountain Road,which I don't like to do on a sunny day, it's pretty steep and that's why it goes to the lake that way,but it's nothing. I'm glad to hear that the Town is going to work on a catch basin,but that's not the DeNooyer issue,and we're certainly taking care of the stormwater for this project. In terms of the noise, I think everyone's a little focused on this being like a commercial use and it's certainly not. It's a private use,but I don't have to point out that a lot of the houses 13 (Queensbury ZBA Meeting OS/16/2023) around the lake they've got boats and 9L right over this,which is high up,you know,it's a State highway and there's a lot of traffic on 9L. So this isn't going to be something that's going to be used all day long or all week long. It's private for the homeowners. MR. MC CABE-So just a question. A way to mitigate noise is through plantings and plantings would absorb the noise. Contrary to what was stated,that fence is going to reflect the noise. It's not going to pass the noise straight through. The way that you mitigate noise is to filter it,plantings,block it with a fence which reflects the noise back into the plantings. So you get double use out of that. Are there going to be plantings between the court and the fence? MR. ZAPPER-Certainly. As you can see from that property, the amount of trees that they've added, there'd be no problem getting trees between Lockhart Loop and the pickle ball court. There's room for plantings there, absolutely. MR. MC CABE-Would you consider that? MR. ZAPPER-Yes. We're happy to agree to plantings. MR. MC CABE-And again that's more Planning Board,site plan review. MR.ZAPPER-We can provide a planting plan to Laura and some trees on that side of the pickle ball court. MR. MC CABE-So at this particular time I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-I'm going to poll the Board, and I'm going to start with Roy. MR. URRICO-Well I have to admit that I still have some questions about the pickle ball in terms of how it fits into the neighborhood. I know we've addressed other situations,tennis courts and even basketball courts in the past. This is kind of new. I'm not really sure about the noise and how it might affect the residential neighborhood. Even if it's not used part of the time,most of the time even. I happen to live in a neighborhood that borders Great Escape,and nobody anticipated the bobsled making a lot of noise until it did,and then they had to mitigate that after fact. I'd rather mitigate this first before the problem starts. So I would not be in favor of it at this point. I'd need some mitigation,strong mitigation. MR. MC CABE-Bob? MR.KEENAN-I think I would agree with Roy. Pickle ball is very noisy. I've played the game a number of times and I'd want to see some real plans of how they're going to mitigate the noise and the plantings. I guess that's my concern. I don't think I'd be in favor of the project at this point. MR. MC CABE-Dick? MR.CIPPERLY-I also agree and I guess listening to some of the neighbors,it would seem it might,I'm not sure how they would feel if you moved the thing to the other side of the property and sort of used the house an garage as a screen. That would bounce back some of the noise,and certainly look at that more favorably. Where it is and the comments from the neighbors,I would not support it as it is. MR. MC CABE Jim? MR.UNDERWOOD-Yes. One man's pleasure is another man's pain in this instance here,and I think that even though we don't have a prohibition against courts and tennis courts or pick ball courts I think,you know, you could go back and talk to your neighbors, see if there would be any acceptable area on that property that would be more appropriate for it,and I think at that point you could come back,you'd have a better answer for whether or not you're going to get this, but at this point in time I don't think it's a natural background noise for up on the lake or near the lake in this instance here. So I'm not in favor. MR. MC CABE John? MR. HENKEL-I agree with my Board members,but I also agree that it's a good idea,it's a good use of the property but it could be in a better location. There's no doubt with the amount of traffic,it's going to be used during the day,you probably wouldn't hear that much noise because you're going to hear more noise from Route 9 there,better than people playing on their cell phones inside,they'd be outside getting fresh air. I think there's abetter place for it,but there's some work to be done there. It's a good project. MR. MC CABE-Ron? 14 (Queensbury ZBA Meeting 08/16/2023) MR. KUHL-If you had more real estate, it wouldn't even be there, all right, and,yes, pickle ball's a new phenomenon. They're probably going to play eight or ten hours a week for the first couple of months and then it'll go down from there. I also do leave this area and go down into southern Florida every winter to kind of like re-charge my batteries, and we have pickle ball players from nine to eleven, and there's one of my fishing friends that goes bonkers because of the noise,and this guy is like two football fields away, and he is go against it. So I mean,everybody hear,you're not going to get it through. You're going to have to figure out,and maybe do a good study on what type of plantings might absorb that,either that or put up a bigger fence, but even if you put up a bigger fence with a material, it's not going to stop the sound. So you're a little bit between a rock and a hard place. I believe the suggestion about moving it to the other side of the house might, you know, might benefit the noise, but I'm sorry, but like I said, if you had the property you wouldn't be here. I'm not in favor of it. I'm sorry. MR. MC CABE-You don't have a lot of friends,Jon. MR. ZAPPER-So we'd ask to table,but we didn't anticipate this until we saw the letters today,just cause everyone's kind of far away. We can't move it to the other side only because we'd be asking for a bigger variance because of the setback. This was the place where there was a bigger setback,but we certainly can come back with a berm and,you know,some significant landscaping on this side that would be as effective as the trees on the other side on the State highway. So I'd ask to table it. MR. HENKEL-It might be better to ask for a bigger variance and put it,like he was saying,maybe in the front there because it would reduce that noise drastically. MR. ZAPPER-We'll look at that as well,but we'll certainly come back with noise mitigation. MR. MC CABE-So what are we looking at? MRS. MOORE-I was just going to ask. You're going to do a planting plan, it's potential that we could table it to next Wednesday,but there's the September agenda. I would say the deadline has passed for that, but I still have maybe some room on the September agenda if you want to give them some time to come up with a plan. MR. MC CABE-So September,the second one? MR.HENKEL-The 27`h. MRS. MOORE-It would be the 27`h MR.HENKEL-With any new information by the I"? MRS. MOORE-I would say by the 28`h of August. MR.HENKEL-New information by the 28`h of August. MR. ZAPPER-We'll make those changes and re-submit. Thank you. The Zoning Board of Appeals of the Town of Queensbury has received an application from James DeNooyer. Applicant proposes to construct an 1,891 sq.ft.pickleball court with a surrounding fence. The project includes stormwater management and grading for the court. The fence indicates a decorative fence of privacy type. The existing home of 1,548 sq.ft.footprint and the 988 sq.ft.footprint garage is to remain. The garage will have the fence attached to it. Relief is requested for setbacks. MOTION TO TABLE AREA VARIANCE NO. 28-2023 TAMES DENOOYER, Introduced by John Henkel who moved for its adoption,seconded by Robert Keenan: Tabled to September 27`h,2023 with any new information due by August 28`h,2023. Duly adopted this 16`h day of August,2023,by the following vote: AYES: Mr. Cipperly,Mr.Henkel,Mr.Kuhl,Mr. Urrico, Mr. Underwood,Mr. Keenan,Mr. McCabe NOES: NONE MR. ZAPPER-Thanks,everybody. MR. MC CABE-So our next application is AV 29-2023,William Gedney, 33 Sullivan Road. AREA VARIANCE NO. 29-2023 SEQRA TYPE TYPE II WILLIAM GEDNEY AGENT(S) ETHAN HALL (RUCINSKI HALL ARCHITECTURE) OWNER(S) WILLIAM GEDNEY 15 (Queensbury ZBA Meeting OS/16/2023) ZONING WR LOCATION 33 SULLIVAN RD. APPLICANT PROPOSES A 726 SQ. FT.TWO- STORY ADDITION AND SIDE ENTRY OF A 199 SQ. FT. PORCH. THE PROJECT FLOOR AREA IS 2,165 SQ. FT. AND THE NEW TOTAL FLOOR AREA IS TO BE 5,835 SQ. FT. THE PROJECT INCLUDES AN UPDATE OF THE EXISTING SEPTIC SYSTEM. RELIEF IS REQUESTED FOR SETBACKS, PERMEABILITY AND FLOOR AREA. CROSS REF AV 64-2014; AV 1343-21303 WARREN COUNTY PLANNING N/A ADIRONDACK PARK AGENCY ALD LOT SIZE 0.33 ACRES TAX MAP NO.2899-1-22 SECTION 179-3-040 ETHAN HALL, REPRESENTING APPLICANT,PRESENT;WILLIAM GEDNEY,PRESENT STAFF INPUT Notes from Staff,Area Variance No. 29-2023, William Gedney, Meeting Date: August 16, 2023 "Project Location: 33 Sullivan Rd. Description of Proposed Project: Applicant proposes a 726 sq.ft.two-story addition and side entry of a 199 sq. ft. porch. The project floor area is 2,165 sq. ft. and the new total floor area is to be 5,535 sq. ft. The project includes an update of the existing septic system. Relief is requested for setbacks,permeability, and floor area. Relief Required: The applicant requests relief for setbacks,permeability, and floor area for construction of an addition to the home. The project site is on a 0.33 ac parcel in the Waterfront Residential zone. Section 179-3-040 WR. The addition is to be located 14 ft. 3 inches from the west property line and 17 ft. 4 inches on the east property line where a 30 ft. setback is required. The permeability proposed is 65.310/o where 750/0 is required. Floor area proposed is 5,535 where maximum allowed is 3,16E 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 location of the existing home. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested for the west property line is 15 ft. 9 inches,and for the east property line is 12 ft. S inches.Permeability relief is 9.69%. Floor area relief is 2,667 sq.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 impact to 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 a two-story addition of a 762 sq.ft.footprint with a basement area and a 199 sq.ft. single story entry porch. The parcel is a corner lot with road frontage on two sides where all setbacks require 30 ft. The lot has no frontage on a shoreline and is not located in a CEA. The project includes installation of a new septic system." MR. GEDNEY-Good evening. My name's Bill Gedney. I reside at 33 Sullivan Road. My wife, seated behind me, and I, are asking for an addition. Our family is expanding. The current house that we live in is relatively small so we're looking to build an addition to enlarge the existing dwelling. As many of you know,because of the unique size of many of the lots in the surrounding neighborhood,there's pre-existing, non-conforming properties and variances granted for expansion of said properties and that's what we're asking for. MR. HALL-We have a little bit of a unique lot. For your record, my name is Ethan Hall,principle with Rucinski Hall Architecture. We have a little bit of a unique situation in that we have two fronts,Sullivan Drive, Sullivan Parkway. So all of our setbacks are 30 feet. The lot is 60 feet wide. We have effectively zero. Anything that gets put here would need a variance. So we have looked at it. We are expanding the 16 (Queensbury ZBA Meeting OS/16/2023) building straight back into the lot,parallel with Sullivan Place. We are proposing to,currently there is an existing septic variance. The septic that is on site is too close to the existing well. Where we're putting the addition is where the existing septic system is. We're going to move the septic system back closer to where the detached garage is,put it in as a bed,and then we'll have the ability to expand the building back toward the existing septic system. It is a two story addition that will be attached to the existing two story house. The existing height doesn't change. The ridgeline is the same as what's there now. MR. MC CABE-So do we have questions of the applicant? MR.HENKEL-You worked on this what in 2014 was it? The garage. MR.HALL-The detached garage. That's correct. MR.HENKEL-That's awful close to the road. MR. MC CABE-Other questions? MR.MC CABE-So I left the public hearing open on the last one,right? I never closed that public hearing? MRS. DWYRE-From the last application? Yes,you closed it. MR. MC CABE-I did? Okay. So at this particular time,I'm going to re-open that. MRS. DWYRE-Okay. MR. MC CABE-So for this case I'm going to open the public hearing and see if there's anybody in the audience that would like to address us on this particular project? Is there anything written,Roy? PUBLIC HEARING OPENED MR. URRICO-Yes. I have several letters. "With regard to the variance request submitted by William Gedney to build an addition on his house located at 33 Sullivan Road, across the street from my home,this letter serves as notice of my full support of this project,without objection. Any questions regarding my support may be directed to me at the above listed number. Sincerely, Lori Dickinson" 32 Sullivan Drive. "I Ashley Baldwin and my husband Travis Baldwin reside at 16 Sullivan Rd. Lake George, NY 12545. We fully support William Gedney's addition project at 33 Sullivan Rd Lake George,NY 12545. If you have any additional questions, please give us a call. Ashley Baldwin Travis Baldwin" "As close neighbors of William Gedney we would like to state that we do not see any problems in allowing for the variances as requested. Set back relief in our area is a very common problem that almost all residents look for when making improvements to their properties. The floor area variance is obviously not a problem considering the size of the existing house. As far as the permeability goes, I assume that the engineer has already addressed that item. I hope that you have had an opportunity to visit Will's property and compared it to other neighboring properties. This should not be a"big" deal as far as granting these variances. Thank you for hearing our position. Walter and Nancy Quillinan 34 Sullivan Place" "As a neighbor of Mr. Gedney for several years we would like to go on record that we have no objections to his proposed addition. He has been a great neighbor, always willing to help others in the neighborhood and always respectful of his neighbors. Thank you. Marianne and Larry Dickinson 17 Sullivan Drive Lake George, NY 12545" That's it. MR. MC CABE-So at this particular time I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-And I'm going to poll the Board, and I'm going to start with Ron. MR. KUHL-Thank you, Mr. Chairman. This is a good project and the lot is small, but it's all in a good location. We're charged with giving minimal relief,but as your family grows you want to put an addition on. I almost,the only thing I would say is why don't you take those two wood sheds and flip them around and put them behind your garage? Back them up to your garage. MR. GEDNEY-I have re-located on shed. But,no, Mr. Chairman, I'm in favor of this project the way it's presented. MR. MC CABE-Okay. Roy? MR. URRICO-I'm in favor of the project. No objections. MR. MC CABE-Bob? 17 (Queensbury ZBA Meeting OS/16/2023) MR.KEENAN-Yes,I don't have any issues with this. MR. MC CABE-Dick? MR. CIPPERLY-It's a reasonable project on this 50 foot wide lot. MR. MC CABE Jim? MR. UNDERWOOD-I think that everybody over there gets along quite well and everybody understands the situation. I don't see it as a big problem. MR. MC CABE John? MR.HENKEL-Yes,I'd be on board as is. MR.MC CABE-And if the house were closer to the lake,I think I'd have more concern about the floor area and the permeability,but it's far enough away. So I think that I,too,support the project. So,Jim,I wonder if you could make us a motion here. The Zoning Board of Appeals of the Town of Queensbury has received an application from William Gedney. Applicant proposes a 726 sq. ft. two-story addition and side entry of a 199 sq. ft. porch. The project floor area is 2,165 sq. ft. and the new total floor area is to be 5,535 sq. ft. The project includes an update of the existing septic system. Relief is requested for setbacks,permeability,and floor area. Relief Required: The applicant requests relief for setbacks,permeability, and floor area for construction of an addition to the home. The project site is on a 0.33 ac parcel in the Waterfront Residential zone. Section 179-3-040 WR. The addition is to be located 14 ft. 3 inches from the west property line and 17 ft. 4 inches on the east property line where a 30 ft. setback is required. The permeability proposed is 65.310/o where 750/0 is required. Floor area proposed is 5,535 where maximum allowed is 3,16E sq.ft. SEQR Type II—no further review required, A public hearing was advertised and held on Wednesday,August 16,2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-OSO(A)of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation,we find as follows: 1. The Board recognizes that this is a small lot and there is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because it's similar to the high density housing in this neighborhood. 2. Feasible alternatives are not available really on this small site and side setbacks are similar to adjacent properties. 3. The requested variance is substantial but it's only substantial because of the small nature of the lot preexisting and nonconforming. 4. We do not note an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty is self-created because they want to add an addition for their growing family and it's again based on the small size of the lot. 6. In addition,the Board finds that the benefit to the applicant from granting the requested variance would—Outweigh (approval) 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,- S. The Board also proposes the following conditions: a) Adherence to the items outlined in the follow-up letter sent with this resolution. 1S (Queensbury ZBA Meeting OS/16/2023) BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO. 29-2023 WILLIAM GEDNEY,Introduced by James Underwood,who moved for its adoption,seconded by Richard Cipperly: Duly adopted this 16th Day of August 2023 by the following vote: AYES: Mr.Henkel,Mr. Cipperly,Mr.Kuhl,Mr. Keenan,Mr. Urrico,Mr. Underwood,Mr. McCabe NOES: NONE MR. MC CABE-Congratulations. You have a project. MR.HALL-Thank you very much. MR.MC CABE-So the next application is AV 30-2023,Stephen&Sabrina Hitchcock,537 State Route 149. AREA VARIANCE NO. 30-2023 SEQRA TYPE TYPE 11 STEPHEN&z SABRINA HITCHCOCK OWNER(S) STEPHEN&z SABRINA HITCHCOCK ZONING RR-3A LOCATION 537 STATE ROUTE 149 APPLICANT PROPOSES TO CONSTRUCT A 240 SQ. FT. OPEN-SIDED PAVILION IN THE REAR YARD OF AN EXISTING HOME. THE EXISTING HOME OF 1,940 SQ.FT. IS TO REMAIN WITH NO CHANGES. THE RENDERINGS OF THE PAVILION INDICATE IT WILL BE 240 SQ.FT.AND 16 FT.IN HEIGHT. RELIEF IS REQUESTED FOR SETBACKS. CROSS REF AV 44-2019 WARREN COUNTY PLANNING AUGUST 2023 LOT SIZE 0.81 ACRES TAX MAP NO.278.-1-34 SECTION 179-5-020 STEPHEN&SABRINA HITCHCOCK,PRESENT STAFF INPUT Notes from Staff, Area Variance No. 30-2023, Stephen & Sabrina Hitchcock, Meeting Date: August 16, 2023 "Project Location: 537 State Route 149 Description of Proposed Project: Applicant proposes to construct a 240 sq.ft.open-sided pavilion in the rear yard of an existing home. The existing home of 1,940 sq.ft.is to remain with no changes. The renderings of the pavilion indicate it will be 240 sq.ft.and 16 ft.in height. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of an open sided pavilion. The project site is on a 0.St ac parcel in the Rural Residential 3-acre zone. Section 179-5-020—accessory The proposed 240 sq.ft.pavilion is to be located 53.9 ft.from the east property line where a 75 ft. setback is required and 76.2 ft.from the rear property line 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. The project may be considered to have little to no 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 limited due to the location of the existing home and lot size. 3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to the code. The east side setback relief is 21.1 ft. and the rear property line relief is 23.5 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may be considered to have minimal 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: 19 (Queensbury ZBA Meeting OS/16/2023) The applicant proposes to construct a 240 sq.ft.open sided gazebo in the rear yard for a hot tub and picnic area. The plans show the location of the existing home and the location of the gazebo. The parcel of O.Sl acres is located in the Rural Residential 3-acre zone which requires setbacks of 100 ft.from rear and front and then 75 ft.from each side--where the construction of the pavilion would most likely require a setback variance anywhere on the property." MR.HITCHCOCK-My name's Steve Hitchcock. As they mentioned it is a non-conforming lot. We had to get a variance just to build the house because about an eight foot by eleven foot was all that would have fit within our setbacks. So there is nowhere on the property. We chose that location just because it is completely hidden there. You can barely see it from the road. If you're really trying to sneak between the trees and the house and look back and see it, but to the right that is vacant land, woods. I suppose somebody could build there some day. Behind there is quite a thick tree line between the,before the next house so you can't see anything from that side. We are kind of open to the neighbor on the left. So we kind of kept it away from them,and you mentioned there,it said 16 feet tall. We're actually only 10 foot 2 tall. So it's not this huge thing. MR. MC CABE-So do we have questions of the applicant? MR. HENKEL-I thought you were asking permission because most people put these up without permission. MR. MC CABE-So at this particular time I'm going to open the public hearing and see if there's anybody in the audience that would like to address us on this particular project? So do we have anything written, Roy? PUBLIC HEARING OPENED MR. URRICO-Nothing written. MR. MC CABE-So at this particular time I'm going to close the public hearing. PUBLIC HEARING CLOSED MR. MC CABE-I'm going to poll the Board, and I'm going to start with Bob. MR.KEENAN-I don't see any issues with this project. MR. MC CABE-Dick? MR. CIPPERLY-This is good. MR. MC CABE Jim? MR. UNDERWOOD-Logical place to put it. MR. MC CABE John? MR.HENKEL-It's good. MR. MC CABE-Ron? MR.KUHL-It's a good project. I'm in favor of it. MR. MC CABE-Roy? MR. URRICO-Yes,I'm in favor of the project. MR.MC CABE-And I,too,support the project. What's being asked of us is really quite minimal. So with that in mind,I wonder,Dick,if you could make us a motion here. The Zoning Board of Appeals of the Town of Queensbury has received an application from Stephen &z Sabrina Hitchcock. Applicant proposes to construct a 240 sq. ft. open-sided pavilion in the rear yard of an existing home. The existing home of 1,940 sq. ft. is to remain with no changes. The renderings of the pavilion indicate it will be 240 sq.ft. and 16 ft.in height. Relief is requested for setbacks. Relief Required: 20 (Queensbury ZBA Meeting OS/16/2023) The applicant requests relief for setbacks for the construction of an open sided pavilion. The project site is on a 0.St ac parcel in the Rural Residential 3-acre zone. Section 179-5-020—accessory The proposed 240 sq.ft.pavilion is to be located 53.9 ft.from the east property line where a 75 ft. setback is required and 76.2 ft.from the rear property line where 100 ft.is required. SEQR Type II—no further review required, A public hearing was advertised and held on Wednesday,August 16,2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-OSO(A)of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation,we find as follows: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because it's screened by the house and vegetation. 2. Feasible alternatives have been looked at and this is a good spot. 3. The requested variance is not substantial because it's well screened from the house and it's a minimal sized pavilion. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty is self-created just because they decided they wanted to have a pavilion. 6. In addition,the Board finds that the benefit to the applicant from granting the requested variance would—Outweigh (approval) 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,- S. The Board also proposes the following conditions: a) 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 AREA VARIANCE NO. 30-2023 STEPHEN&z SABRINA HITCHCOCK, Introduced by Richard Cipperly, who moved for its adoption,seconded by Robert Keenan: Duly adopted this 16th Day of August 2023 by the following vote: AYES: Mr.Kuhl,Mr. Keenan,Mr. Underwood,Mr. Urrico,Mr. Henkel,Mr. Cipperly,Mr. McCabe NOES: NONE MR. MC CABE-Congratulations. MR.HITCHCOCK-Thank you,guys. MR. MC CABE-So we have one more item here. We had a case a little while ago regarding the Hoffman carwash up on Route 9 and basically the judge threw our ruling out on the Sign Variance and it was,in my mind, kind of questionable. He felt that we should have asked for an environmental impact statement before we gave it a Negative Dec with regard to SEQRA. This is a little different than anything we've ever done before,and in my mind it kind of makes it like,you know,we're considering the overall project rather than just the sign, which isn't what we're doing, again, at least that's the way I've been trained. So I'm going to make a motion that if the Town Board wants to file an appeal that we support that. Are there any questions? MR. CIPPERLY-Second it. MRS. MOORE-So Town Board/Town Counsel. MR. MC CABE-Yes. So here we go. So I'm going to make a resolution with regard to the grant filing Notice of Appeal Whispering Pines Association versus Town of Queensbury Planning Board et al and Sign Variance SV 3-2022, Hoffman Development Corp. Tax Map ID 296.17-1-42. The property address is 919 State Route 9,and it's zoning CI. 21 (Queensbury ZBA Meeting OS/16/2023) As associated with a project as approved by the Zoning Board and described as applicant Hoffman Development Corp.proposes an SS sq. ft. freestanding sign. Relief requested for freestanding sign greater than 60 sq.ft. and setback less than 25 ft. MOTION TO APPROVE FILING NOTICE OF APPEAL.;Introduced by Mike McCabe who moved for its adoption,seconded by Richard Cipperly. According to the draft resolution prepared by Staff with the following: The Zoning Board agrees and approves Town Counsel should submit as necessary materials for Filing Notice of Appeal in the matter of Whispering Pines Assoc.v. Town of Queensbury Planning Board,et al. Duly adopted this 16th Day of August 2023 by the following vote: AYES: Mr. Cipperly,Mr. Keenan,Mr.Kuhl,Mr.Henkel,Mr. Urrico, Mr. Underwood,Mr. McCabe NOES: NONE MR. MC CABE-So it's not anything that we're doing. We're just giving the Town Board are approval to go ahead. They'll make the final decision. MR.HENKEL-Is that easement all taken care of? Wasn't property next door to it? MRS. MOORE-That's still part of the litigation. So it has yet to be resolved. MR. KUHL-Did I read somewhere or see somewhere that an alternate location for this was that Pizzeria Uno? MR.HENKEL-No,that's different. That's going to be Tidal Wave. MR.KUHL-Tidal Wave's going to put one there? Okay. MRS. MOORE-That would potentially put four carwashes in the Town of Queensbury. MR. URRICO-Tidal Wave is going in where Pizzeria Uno is. MRS. MOORE-It's been proposed. MR. MC CABE-So with that,I make a motion that we adjourn tonight's meeting. MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF AUGUST 16TH, 2023, Introduced by Michael McCabe who moved for its adoption, seconded by John Henkel: Duly adopted this 16`h day of August,2023,by the following vote: AYES: Mr.Henkel,Mr.Kuhl,Mr. Keenan,Mr. Urrico, Mr. Underwood, Mr. Cipperly, Mr. McCabe NOES: NONE MR. MC CABE-See you next week. On motion meeting was adjourned. RESPECTFULLY SUBMITTED, Michael McCabe,Chairman 22