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Staff NotesStaff Notes SOMFOlil- September 20, 2023 Administrative Items: Approval of Meeting Minutes August 16, 2023 and August 23, 2023 Request to Table AV 32-2023 (Mechanick) to October 2023 Tabled Item: AV 26-2023 Noreen Potvin New Business: AV 36-2023 JP Gross Properties LLC (27 Silver Circle) AV 37-2023 JP Gross Properties LLC (399 Big Bay Rd.) AV 38-2023 JP Gross Properties LLC (407 Big Bay Rd.) AV 39-2023 Kevin & Annie Dineen AV 40-2023 Dunham's Bay Fish & Game Club Queensbury Zoning Board of Appeals Agenda Meeting: September 20, 2023 Time: 7:00- 1 1:00 pm Queensbury Activities Center - 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Administrative Items: Approval of Meeting Minutes August 16, 2023 and August 23, 2023 Request to Table AV 32-2023 (Mechanick) to October 2023 TABLED ITEMS: Applicant(s) Noreen Potvin Area Variance Number AV 26-2023 Owner(s) Noreen Potvin SEQRA Type Type II Age t(s Van Dusen and Steves Lot Size 0.48 acres Location & Ward 21 Twicwood Lane Ward 1 Zoning MDR Tax Id No 296.9-1-45 Section 179-5-020 Cross Ref n/a Warren County Planning n/a Public Hearing July 19, 2023; September 20, 2023 Adirondack Park Agency n/a Project Description: (Revised) Applicant proposes to install a pool on their property that is a corner lot. The pool location would be in a rear yard. The existing home of 2,801 sq. ft. would remain with no changes. The pool is about 14 x 28 sq. ft. Relief is requested for pool setback. NEW BUSINESS: Applicant(s) Richard & Stefanie Mechanick Area Variance Number AV 32-2023 Owner(s) Richard & Stefanie Mechanick SEQRA Type Type II Age ts Stefanie Bitter, Esq. Lot Size 0.83 acres Location & Ward 13 Dawn Rd. Ward 2 nip MDR Tax Id No 308.8-2-25 e i 179-3-040 Cross Ref n/a 0 oWarren Coil nty Planning n/a Public Hearing 0, 2023 �'n Adirondack Park Agency n/a Project Description: Applicant requests to maint detached garage of 1,064 sq. ft. with a 576 sq. ft. apartment within. The site has an existing separate single family home on the same lot and accessory structures to remain. The existing detached garage was approved with a garage and home office in 1992. The existing building with detached garage and apartment is 1,640 sq. ft. and the existing home is 1,588 sq. ft. where there are no changes to the footprints of either building. Relief is requested for dwelling size and density. Applicant(s) JP Gross Properties LLC Area Variance Number AV 36-2023 Owner(s) 27 Silver Circle LLC SEQRA Type Type II Agent(s) Nick Ze len (EDP); Jon Lapper, Esq. Lot Size 13.41 acres Location & Ward 27 Silver Circle Ward 4 Zoning CLI Tax Id No 309.17-1-17.2 Section 179-3-040; 179-9-120 Cross Ref SP 60-2023; RZ 4-2022; SP 62-2022; SP 30-2022; SP 72-2021; PZ 140-2016; PZ 138-2016; SP 14- 2015; SP 62-2013; SP 18-2009; SP 6-2004 Warren County Planning September 2023 Public Hearing September 20, 2023 Adirondack Park Agency n/a Project Description: Applicant has completed site improvements for an existing site with new hard surfacing for a parking arrangement. The parking area was gravel and now has been paved. The existing buildings and site development for SP 62-2022 remain the same and SP 30-2022 and SP 72-2021. Site plan review for alterations to the site for additional hard surfacing. Relief is requested for permeability. Applicant(s) JP Gross Properties LLC Area Variance Number AV 37-2023 Owner(s) 399 Big Bay LLC SEQRA Type Type II Age ts Nick Ze len (EDP); Jon Lapper, Esq. Lot Size 1.57 acres Location & Ward 399 Big Bay Rd. Ward 4 Zoning CLI Tax Id No 309.17-1-15.2 Section 179-3-040 Cross Ref SP 59-2023; SP(M) 60-2021; AV 2-2015; SP 14- 2015; SP 1-2000; AV 59-1997; SP 44-1997 Warren County Planning September 2023 Public Hearing September 20, 2023 Adirondack Park Agency n/a Project Description: Applicant has completed site updates for an existing site with a current building of 13,500 sq. ft. on site. The updates include a new hard surfacing area. In addition, there has been tree and vegetation removal on the northeast side of the site. Site plan review for alterations to the site for additional hard surfacing and tree and vegetation removal. Relief is requested for permeability. Queensbury Zoning Board of Appeals Agenda Meeting: September 20, 2023 Time: 7:00- 1 1:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) JP Gross Properties LLC Area Variance Number AV 38-2023 Owner(s) 407 Big Bay Road LLC SEQRA Type Type II Agent(s) Nick Ze len (EDP); Jon Lapper, Esq. Lot Size 1.62 acres Location & Ward 407 Big Bay Rd. Ward 4 Zoning CLI Tax Id No 309.17-1-16 Section 179-3-040; 179-4-090 Cross Ref SP 58-2023; SP(M) 60-2021; SP 60-2021 Warren County Planning September 2023 Public Hearing September 20, 2023 Adirondack Park Agency n/a Project Description: Applicant has completed site updates for an existing site that has a recently constructed 16,000 sq. ft. building and an existing building of 4,324 sq. ft. also on site. The updates include an alternative parking arrangement. Additional changes include wall pack lightings and a pole light. An additional sidewalk access was added to the south side of the new building and less sidewalk area was created for the existing building. An exterior equipment area (hard surfacing) was added to the south side of the new building. A patio is proposed for use as an employee area. Site plan review for alterations to the site for additional hard surfacing, vegetation removal, and lighting. Relief is requested for parking. Applicant(s) Kevin & Annie Dineen Area Variance Number AV 39-2023 Owner(s) Kevin & Annie Dineen SEQRA Type Type II Age ts Ethan Hall Rucinski Hall Arch. Lot Size 0.62 acres Location & Ward 149 Birdsall Rd. Ward 1 Zoning WR Tax Id No 289.17-1-46 Section 179-3-040; 179-5-020; 179-13-050 Cross Ref AV 10-2020; SP 12-2020; PZ 202-2016; PZ 208-2016; AV 24-2012; SP 26-2012; SP 1I- 2007; AV 29-1997; AV 60-1992; SP 37-92 Warren County Planning n/a Public Hearing September 20, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to construct a new garage of 890 sq. ft. footprint and a floor area of 1,639 sq. ft. with a height of 19 ft. 4 inches. The previous garage was destroyed by fire and had a floor area of 1,241 sq. ft. with the same footprint as proposed. The dormer of the garage is to be larger than previously. The existing home and site are to remain the same. Relief is requested for setbacks, height, and size of garage. Applicant(s) Dunham's Bay Fish & Game Club Area Variance Number AV 40-2023 Owner(s) Dunham's Bay Fish & Game Club SEQRA Type Type II Age ts n/a Lot Size 20.74 acres Location & Ward 2080 Ridge Rd. Ward 1 Zoning LC-l0A Tax Id No 253.-1-19 Section 179-3-040 Cross Ref SP 63-2023; PZ 216-2016 Warren County Planning September 2023 Public Hearing September 20, 2023 Adirondack Park Agency ALD Project Description: Applicant proposes to remove a 3,936 sq. ft. outdoor -range pavilion to construct a new 2,880 sq. ft. outdoor - range pavilion. The project includes a new concrete slab for the structure. The site has existing buildings to remain, including two sheds and a main building. There are no other changes to the building or site. Site plan for improvement to Dunham's Bay Fish & Game Club. Relief is requested for setbacks. 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\September 2023\ZBA Final Agenda September 20, 2023.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 26-2023 Project Applicant: Noreen Potvin Project Location: Parcel History: SEQR Type: Meeting Date: 21 Twicwood Lane n/a Type II September 20, 2023 Description of Proposed Project: (Revised) Applicant proposes to install a pool on their property that is a corner lot. The pool location would be in the rear yard. The existing home of 2,801 sq. ft. would remain with no changes. The pool is to be about 14 x 28 sq. ft. Relief is requested for pool setback. Relief Required: The applicant requests relief for rear setback. The project is located on a 0.52 ac parcel in a MDR zone. Section 179-5-020 —pool Applicant proposes a pool to be located in the rear yard on their property where the pool is to be 10 ft. from the rear property line where a 20 ft. setback for pools to the rear property line 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 home and arrangement of the parcel. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested for 10 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal to no impact to the physical or environmental conditions in the neighborhood or district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant has revised the plans for the proposed pool so it is to be located in the rear yard. The lot shape and location on Twicwood Lane is a corner parcel, noting corner parcels do not have side yard setbacks. The information submitted shows the lot configuration with the proposed pool and the existing fence. The applicant has indicated additional plantings or fencing would be installed to meet any requirements of the Town. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 /own Of (ZRCCn . Uly Area Variance Resolution To: Approve / Disapprove Applicant Name: Noreen Potvin File Number: AV 26-2023 Location: 21 Twicwood Lane Tax Map Number: 296.9-1-45 ZBA Meeting Date: July 19, 2023; September 20, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Noreen Potvin. (Revised) Applicant proposes to install a pool on their property that is a corner lot. The pool location would be in the rear yard. The existing home of 2,801 sq. ft. would remain with no changes. The pool is to be about 14 x 28 sq. ft. Relief is requested for pool setback. Relief Required: The applicant requests relief for rear setback. The project is located on a 0.52 ac parcel in a MDR zone. Section 179-5-020 —pool Applicant proposes a pool to be located in the rear yard on their property where the pool is to be 10 ft. from the rear property line where a 20 ft. setback for pools to the rear property line is required. SEQR Type II — no further review required; A public hearing was advertised and held on July 19, 2023 and September 20, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 26-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 20" Day of September 2023 by the following vote: "M NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 32-2023 Project Applicant: Richard & Stefanie Mechanick Project Location: Parcel History: SEQR Type: Meeting Date: 13 Dawn Road n/a Type II September 20, 2023 Description of Proposed Project: Applicant requests to maintain a detached garage of 1,064 sq. ft. with a 576 sq. ft. dwelling unit in the garage. The site has an existing separate single family home on the same lot and accessory structures to remain. The existing detached garage was approved with a garage and home office in 1992. The existing building with detached garage and dwelling unit is 1,640 sq. ft. and the existing home is 1,588 sq. ft. where there are no changes to the footprints of either building. Relief is requested for dwelling size and density. Relief Required: The applicant requests relief to maintain two separate dwellings —density relief is needed for two dwellings on lot and the apartment is less than 800 sq. ft. - dwelling size relief is needed. The project is located on a 0.86 ac parcel in the Moderate Density zone. Section 179-3-040 dwellings & 179-5-090 floor area size The applicant proposes to maintain two dwellings where there is a main house and then an existing detached garage with a 576 sq. ft. dwelling unit where 800 sq. ft. is required for a single-family dwelling unit. The site would allow for one single family dwelling. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be possible to remove the elements of the second dwelling. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief requested for 224 sf less than allowed for a single-family dwelling. Relief for two dwellings on one parcel of 0.86 ac where 4 ac is required for two dwellings. 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. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: Applicant proposes to maintain the existing home and a dwelling unit in a garage. The applicant has indicated upon purchasing the property the dwelling unit in the garage had been used as such. Staff has reviewed the documents for the building permits for this site; the space in the garage was granted approval for a home office. The applicant has indicated there are no changes to the site or buildings. The plans show the location of the home and the floor plan of the garage and second dwelling. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals — Record of Resolution .;< Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 'town of ucensbaly Area Variance Resolution To: Approve / Disapprove Applicant Name: Richard & Stefanie Mechanick File Number: AV 32-2023 Location: 13 Dawn Rd. Tax Map Number: 308.8-2-25 ZBA Meeting Date: September 20, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Richard & Stefanie Mechanick. Applicants request to maintain a detached garage of 1,064 sq. ft. with a 576 sq. ft. dwelling unit in the garage. The site has an existing separate single family home on the same lot and accessory structures to remain. The existing detached garage was approved with a garage and home office in 1992. The existing building with detached garage and dwelling unit is 1,640 sq. ft. and the existing home is 1,588 sq. ft. where there are no changes to the footprints of either building. Relief is requested for dwelling size and density. Relief Required: I The applicant requests relief to maintain two separate dwellings —density relief is needed for two dwellings on lot and the apartment is less than 800 sq. ft. - dwelling size relief is needed. The project is located on a 0.86 ac parcel in the Moderate Density zone. Section 179-3-040 dwellings & 179-5-090 floor area size The applicant proposes to maintain two dwellings where there is a main house and then an existing detached garage with a 576 sq. ft. dwelling unit where 800 sq. ft. is required for a single-family dwelling unit. The site would allow for one single family dwelling. SEQR Type II — no further review required; A public hearing was advertised and held on September 20, 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. 32-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 20" Day of September 2023 by the following vote: AYES NOES Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 36-2023 Project Applicant: JP Gross Properties, LLC. Project Location: 27 Silver Circle Parcel History: SP 60-2023; RZ 4-2022; SP 62-2022; SP 30-2022; SP 72-2021; PZ 140-2016; PZ 138- 2016; SP 14-2015; SP 62-2013; SP 18-2009; SP 6-2004 SEQR Type: Type II Meeting Date: September 20, 2023 Description of Proposed Project. Applicant has completed site improvements for an existing site with new hard surfacing for a parking arrangement. The parking area was gravel and now has been paved. The existing buildings and site development for SP 62-2022 remain the same and SP 30-2022 and SP 72-2021. Site plan review for alterations to .the site for additional hard surfacing. Relief is requested for permeability. Relief Required: The applicant requests relief for permeability for an as -built condition. The project is located on a 13.34 ac parcel in the Commercial Light Industrial zone. Section 179-3-040 dimensional The project work reduced the permeability from 30.33% to 26.92 % where 30% 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 character 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 reduce the hard surfacing on the site. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief requested is 3.08%. 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 to maintain existing as —built conditions for site work. The work on the site increases the hard surfacing for a current project to create a gravel laydown area for materials and equipment. The applicant has also completed hard surfacing to the back of a warehouse building to provide parking for property at 399 and 407 Big Bay Road. There are multiple buildings on the property — office of 4000 sf; an office addition of 2520 sf; warehouse of 25,000 sf; warehouse of 10,800 sf; warehouse of 14,400; warehouse 16,000 sf; and warehouse of 16,000 sf. A pole barn of 6,750 sf also exists on the property. The plans show the location of the buildings, gravel lay down area, and parking area. The applicant has an agreement in place for shared parking for 27 Silver Circle, 399 & 407 Big Bay Road. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town dQueensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: JP Gross Properties LLC File Number: AV 36-2023 Location: 27 Silver Circle Tax Map Number: 309.17-1-17.2 ZBA Meeting Date: September 20, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from JP Gross Properties LLC. Applicant has completed site improvements for an existing site with new hard surfacing for a parking arrangement. The parking area was gravel and now has been paved. The existing buildings and site development for SP 62-2022 remain the same and SP 30-2022 and SP 72-2021. Site plan review for alterations to the site for additional hard surfacing. Relief is requested for permeability. Relief Required: The applicant requests relief for permeability for an as -built condition. The project is located on a 13.34 ac parcel in the Commercial Light Industrial zone. Section 179-3-040 dimensional The project work reduced the permeability from 30.33% to 26.92 % where 30% is required. SEQR Type II — no further review required; A public hearing was advertised and held on September 20, 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. 36-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 20t' Day of September 2023 by the following vote: IU-M NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 37-2023 Project Applicant: JP Gross Properties, LLC. Project Location: 399 Big Bay Road Parcel History: SP 59-2023; SP(M) 60-2021; AV 2-2015; SP 14-2015; SP 1-2000; AV 59-1997; SP 44-1997 SEQR Type: Type II Meeting Date: September 20, 2023 Description of Proposed Project: Applicant has completed site updates for an existing site with a current building of 13,500 sq. ft. on site. The updates include a new hard surfacing area. In addition, there has been tree and vegetation removal on the northeast side of the site. Site plan review for alterations to the site for additional hard surfacing and tree and vegetation removal. Relief is requested for permeability. Relief Required: The applicant requests relief for permeability for an as -built condition. The project occurs on a 1.16 ac parcel in the Commercial Light Industrial zone. Section 179-3-040- dimensional The site work condition is at 21.4% permeability and 30% is required where 23.4% was existing. 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 reduce the hard surfacing on the site. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested for permeability of 8.6% additional hard -surfacing. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project will have minimal to no adverse effects or impact on the physical or environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• The applicant proposes to maintain existing as —built conditions for site work. The applicant has completed site updates including additional hard surfacing. The plans show the conditions with an interconnect drive aisle and the plans note shared parking is available for 27 Silver Circle, 407 & 399 Big Bay Road. Zoning Board of Appeals — Record of Resolution w , Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Que a bury Area Variance Resolution To: Approve / Disapprove Applicant Name: JP Gross Properties LLC File Number: AV 37-2023 Location: 399 Big Bay Rd. Tax Map Number: 309.17-1-15.2 ZBA Meeting Date: September 20, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from JP Gross Properties LLC. Applicant has completed site updates for an existing site with a current building of 13,500 sq. ft. on site. The updates include a new hard surfacing area. In addition, there has been tree and vegetation removal on the northeast side of the site. Site plan review for alterations to the site for additional hard surfacing and tree and vegetation removal. Relief is requested for permeability. Relief Required: The applicant requests relief for permeability for an as -built condition. The project occurs on a 1.16 ac parcel in the Commercial Light Industrial zone. Section 179-3-040- dimensional The site work condition is at 21.4% permeability and 30% is required where 23.4% was existing. SEQR Type II — no further review required; A public hearing was advertised and held on September 20, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 37-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 20" Day of September 2023 by the following vote: AYES NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 38-2023 Project Applicant: JP Gross Properties, LLC. Project Location: 407 Big Bay Road Parcel History: SP 58-2023; SP (M) 60-2021 SEAR Type: Type II Meeting Date: September 20, 2023 Description of Proposed Project: Applicant has completed site updates for an existing site that has a recently constructed 16,000 sq. ft. building and an existing building of 4,324 sq. ft. also on site. The updates include an alternative parking arrangement. Additional changes include wall pack lightings and a pole light. An additional sidewalk access was added to the south side of the new building and less sidewalk area was created for the existing building. An exterior equipment area (hard surfacing) was added to the south side of the new building. A patio is proposed for use as an employee area. Site plan review for alterations to the site for additional hard surfacing, vegetation removal, and lighting. Relief is requested for parking. Relief Required: The applicant requests relief for parking for an as -built condition. The parcel is 1.62 acres and zoned Commercial Light Industrial. Section 179-4-090 -parking The applicant's plan indicates there are 51 parking spaces where 54 spaces are required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be possible to create 3 additional parking spaces on the site, however it would reduce the existing permeability that currently exceeds the required 30%. The applicant has an agreement in place for shared parking on the adjoining properties of 27 Silver Circle and 399 & 407 Big Bay Road. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. The relief requested is 3 spaces. 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 proposes to maintain existing as —built conditions for site work and lighting on the new building. The site has two buildings and associated parking. The plans show the arrangement of the building and parking. The plans show an interconnect to the adjoining property to the south where the applicant has an agreement in place for shared parking. Zoning Board of Appeals — Record of Resolution .r w Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 '!'oim of QQmensbur}, Area Variance Resolution To: Approve / Disapprove Applicant Name: JP Gross Properties LLC File Number: AV 38-2023 Location: 407 Big Bay Rd. Tax Map Number: 309.17-1-16 ZBA Meeting Date: September 20, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from JP Gross Properties LLC. Applicant has completed site updates for an existing site that has a recently constructed 16,000 sq. ft. building and an existing building of 4,324 sq. ft. also on site. The updates include an alternative parking arrangement. Additional changes include wall pack lightings and a pole light. An additional sidewalk access was added to the south side of the new building and less sidewalk area was created for the existing building. An exterior equipment area (hard surfacing) was added to the south side of the new building. A patio is proposed for use as an employee area. Site plan review for alterations to the site for additional hard surfacing, vegetation removal, and lighting. Relief is requested for parking. Relief Required: The applicant requests relief for parking for an as -built condition. The parcel is 1.62 acres and zoned Commercial Light Industrial. Section 179-4-090 -parking The applicant's plan indicates there are 51 parking spaces where 54 spaces are required. SEQR Type II — no further review required; A public hearing was advertised and held on September 20, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 38-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 20" Day of September 2023 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 39-2023 Project Applicant: Kevin & Annie Dineen Project Location: 149 Birdsall Road Parcel History: AV 10-2020; SP 12-2020; PZ 202-2016; PZ 208-2016; AV 24-2012; SP 26-2012; SP 11-2007; AV 29-1997; AV 60-1992; SP 37-92 SEAR Type: Type II Meeting Date: September 20, 2023 Description of Proposed Project: Applicant proposes to construct a new garage of 890 sq. ft. footprint and a floor area of 1,639 sq. ft. with a height of 19 ft. 4 inches. The previous garage was destroyed by fire and had a floor area of 1,241 sq. ft. with the same footprint as proposed. The dormer of the garage is to be larger than previously. The existing home and site are to remain the same. Relief is requested for setbacks and height. Relief Required: The applicant requests relief for setbacks and height of garage. The project parcel is 0.65 ac in the Waterfront Residential zone. Section 179-3-040 dimensional, Section 179-5-020 garage The garage will be 12 ft. 11 inches from the east property line where 20 ft. setback is required. The garage is to be 19 ft. 4 inches in height where a 16 ft. garage height is the maximum allowed. (Size of garage is not a requested variance as the proposed garage is less than 1,100 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 limited due to the lot shape and width. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief requested for setback is 7 ft 1 inch. Relief requested for height is 3 ft 4 inches. 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 environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes construction of a new 2 bay garage with bunk room to replace the one destroyed by fire. The new building has additional dormers on the east side that were not part of the previous design. The new building will allow for two bay garage and sitting area on the first floor then a bedroom and loft area with a bathroom on the second floor — there are no kitchen elements proposed for the building. The plans show the photos and details of the existing then proposed elevations and floor plans of the new building. Zoning Board of Appeals — Record of Resolution Y . Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town orQucensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Kevin & Annie Dineen File Number: AV 39-2023 Location: 149 Birdsall Rd. Tax Map Number: 289.17-1-46 ZBA Meeting Date: September 20, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Kevin & Annie Dineen. Applicant proposes to construct a new garage of 890 sq. ft. footprint and a floor area of 1,639 sq. ft. with a height of 19 ft. 4 inches. The previous garage was destroyed by fire and had a floor area of 1,241 sq. ft. with the same footprint as proposed. The dormer of the garage is to be larger than previously. The existing home and site are to remain the same. Relief is requested for setbacks and height. Relief Required: The applicant requests relief for setbacks and height of garage. The project parcel is 0.65 ac in the Waterfront Residential zone. Section 179-3-040 dimensional, Section 179-5-020 garage The garage will be 12 ft. 11 inches from the east property line where 20 ft. setback is required. The garage is to be 19 ft. 4 inches in height where a 16 ft. garage height is the maximum allowed. (Size of garage is not a requested variance as the proposed garage is less than 1,100 sq ft) SEQR Type II — no further review required; A public hearing was advertised and held on September 20, 2023. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board; are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is / is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is / is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by (denial) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 39-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 20" Day of September 2023 by the following vote: AYES NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 40-2023 Project Applicant: Dunham's Bay Fish & Game Club Project Location: 2080 Ridge Road Parcel History: SP 63-2023; PZ 216-2016 SEAR Type: Type II Meeting Date: September 20, 2023 Description of Proposed Project] - Applicant proposes to remove a 3,936 sq. ft. outdoor -range pavilion to construct a new 2,880 sq. ft. outdoor - range pavilion. The project includes a new concrete slab for the structure. The site has existing buildings to remain, including two sheds and a main building. There are no other changes to the building or site. Site plan for improvement to Dunham's Bay Fish & Game Club. Relief is requested for setbacks. IRelief Required: The applicant requests relief for setbacks. The project site is 20.17 ac and located in the Land Conservation 10 acre zone. Section 179-3-040 dimensional The new outdoor range is to be located 33.5 ft. from the side property line where a 100 ft. setback is required; currently located 27.2 ft. from the side property line. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to the lot shape and location of the other buildings on the site. 3. Whether the requested area variance is substantial. The relief requested may be considered moderate relevant to the code. The relief is for 66.5 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 may be 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 applicant proposes to remove the existing outdoor gun range pavilion to construct a new shorter one. The plans show the existing and proposed buildings. The remaining buildings and site parking will remain with no changes. Zoning Board of Appeals — Record of Resolution . Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Tone of Quueens6aiy Area Variance Resolution To: Approve / Disapprove Applicant Name: Dunham's Bay Fish & Game Club File Number: AV 40-2023 Location: 2080 Ridge Rd. Tax Map Number: 253.-1-19 ZBA Meeting Date: September 20, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Dunham's Bay Fish & Game Club. Applicant proposes to remove a 3,936 sq. ft. outdoor -range pavilion to construct a new 2,880 sq. ft. outdoor -range pavilion. The project includes a new concrete slab for the structure. The site has existing buildings to remain, including two sheds and a main building. There are no other changes to the building or site. Site plan for improvement to Dunham's Bay Fish & Game Club. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks. The project site is 20.17 ac and located in the Land Conservation 10 acre zone. Section 179-3-040 dimensional The new outdoor range is to be located 33.5 ft. from the side property line where a 100 ft. setback is required; currently located 27.2 ft. from the side property line. SEQR Type II — no further review required; A public hearing was advertised and held on September 20, 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. 40-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 20" Day of September 2023 by the following vote: RVA—M NOES: