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09-20-2023 (Queensbury ZBA Meeting 09/20/2023) QUEENSBURYZONINGBOARD OFAPPEATS FIRSTREGUTAR MEETING SEPTEMBER 201r,2023 INDEX Area Variance No. 32-2023 Richard&Stefanie Mechanick 1. FURTHER TABLING Tax Map No. 30S.S-2-25 Area Variance No.26-2023 Noreen Potvin 2. Tax Map No.296.9-1-45 Area Variance No. 36-2023 JP Gross Properties LLC 5. Tax Map No. 309.17-1-17.2 Area Variance No. 37-2023 JP Gross Properties LLC 10. Tax Map No. 309.17-1-15.2 Area Variance No. 3S-2023 JP Gross Properties LLC 13. Tax Map No. 309.17-1-16 Area Variance No. 39-2023 Kevin&Annie Dineen 16. Tax Map No.2S9.17-1-46 Area Variance No.40-2023 Dunham's Bay Fish&Game Club 19. Tax Map No.253.-1-19 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 09/20/2023) QUEENSBURY ZONING BOARD OF APPEALS FIRST REGULAR MEETING SEPTEMBER 20TK,2023 7.00 P.M. MEMBERS PRESENT JAMES UNDERWOOD,ACTING CHAIRMAN ROY URRICO,SECRETARY RONALD KUHL ROBERT KEENAN JOHN HENKEL MARY PALACINO,ALTERNATE MEMBERS ABSENT RICHARD CIPPERLY MICHAEL MC CABE LAND USE PLANNER-LAURA MOORE STENOGRAPHER-KAREN DWYRE MR. UNDERWOOD-Good evening. Welcome to the September 20`h, 2023 meeting of the Queensbury Zoning Board of Appeals. Under our procedures this evening,we'll read each appeal into the record. Roy will read the pertinent Staff Notes in,then we'll have the applicant present anymore data to support their case that's before us this evening. At that point we will open a public hearing and allow the public to speak on the matter, and they should inform us of any concerns that they have in regards to the project before us. Before we do that we have some administrative items we need to take care of. John,would you do the approval of meeting minutes for August 16`h,2023? APPROVAL OF MINUTES August 16`h,2023 MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING MINUTES OF AUGUST 16TK,2023, Introduced by John Henkel who moved for its adoption, seconded by Ronald Kuhl: Duly adopted this 20`h day of September,2023,by the following vote: AYES: Mr. Henkel,Mr.Kuhl,Mr. Urrico, Mr. Keenan,Mrs.Palacino,Mr. Underwood NOES: NONE ABSENT: Mr. Cipperly,Mr. McCabe August 23rd,2023 MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING MINUTES OF AUGUST 23rd,2023, Introduced by John Henkel who moved for its adoption, seconded by Robert Keenan: Duly adopted this 20`h day of September,2023,by the following vote: AYES: Mr. Kuhl,Mr. Urrico, Mr. Henkel,Mr. Keenan,Mrs.Palacino,Mr. Underwood NOES: NONE ABSENT: Mr. Cipperly,Mr. McCabe MR. UNDERWOOD-We also will be postponing the Mechanick variance this evening and that will be postponed until the 1S`h of October 2023. John,do you want to make a motion. AREA VARIANCE NO.32-2023 SEQRA TYPE TYPE 11 RICHARD&z STEFANIE MECHANICK AGENT(S) STEFANIE BITTER, ESQ. OWNER(S) RICHARD &z STEFANIE MECHANICK ZONING: MDR LOCATION 13 DAWN RD. APPLICANT REQUESTS TO MAINTAIN A DETACHED GARAGE OF 1,064 SQ.FT. WITH A 576 SQ.FT.APARTMENT WITHIN. THE SITE 2 (Queensbury ZBA Meeting 09/20/2023) 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. CROSS REF N/A WARREN COUNTY PLANNING N/A LOT SIZE 0.83 ACRES TAX MAP NO. 308.8-2-25 SECTION 179-3-040 The Zoning Board of Appeals of the Town of Queensbury has received an application from Richard &z Stefanie Mechanick. Applicant requests to maintain a 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. MOTION TO TABLE AREA VARIANCE NO. 32-2023 RICHARD &z STEFANIE MECHANICK, Introduced by John Henkel who moved for its adoption,seconded by Ronald Kuhl: Tabled to October IS,h,2023. Duly adopted this 20`h Day of September 2023,by the following vote: AYES: Mr.Keenan,Mrs.Palacino,Mr.Henkel,Mr.Kuhl,Mr. Urrico,Mr. Underwood NOES: NONE ABSENT: Mr. Cipperly,Mr. McCabe MR. UNDERWOOD-All right. Under Old Business this evening,first up we have Noreen Potvin,which is located at 21 Twicwood Lane.. This was a proposal for a pool on their property. We asked them,after the concerns of the neighbors,to move their pool so that's what we'll be hearing this evening. TABLED ITEM: AREA VARIANCE NO. 25-2023 SEQRA TYPE TYPE II NOREEN POTVIN AGENT(S) VAN DUSEN AND STEVES OWNER(S) NOREEN POTVIN ZONING MDR LOCATION 21 TWICWOOD LANE (REVISED) APPLICANT PROPOSES TO INSTALL A POOL ON THEIR PROPERTY THAT IS A CORNER LOT. THE POOL LOCATION WOULD BE CONSIDERED A FRONT YARD. THE EXISTING HOME OF 2,801 SQ. FT. WOULD REMAIN WITH NO CHANGES. THE POOL IS TO BE LOCATED ON THE NORTHEAST SIDE AND IS ABOUT 14 X 28 SQ.FT. RELIEF IS REQUESTED FOR POOL SETBACK. CROSS REF N/A WARREN COUNTY PLANNING N/A LOT SIZE 0.48 ACRES TAX MAP NO.2969-1-45 SECTION 179-5-020 MATTHEW WEBSTER, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No.26-2023,Noreen Potvin,Meeting Date: September 20,2023 "Project Location: 21 Twicwood Lane 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: 3 (Queensbury ZBA Meeting 09/20/2023) 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." MR. UNDERWOOD-Anything else you wish to add? MR. WEBSTER-My name is Matthew Webster here again from Van Dusen& Sreves Land Surveyors on behalf of our client Noreen Potvin and her wife Denise. I just wanted to let everyone know,we've heard the feedback of the neighborhood and the Board and we've looked at this site every which way to see what we could make work that would be more feasible and of course this would shift the pool to the rear yard and the relief would only be for the side setback. MR. UNDERWOOD-Do Board members have any questions at this point? MR.HENKEL-I see you reduced the size of the pool also. MR.WEBSTER-That's correct. MR.HENKEL-From a 16 down to a 14. MR.WEBSTER-To make it fit as best as possible and as far away as possible. MR.HENKEL-Sounds fair. MR. UNDERWOOD-Okay. If there's no more questions from the Board, I guess I'll open the public hearing. Anybody from the public wishing to speak on the matter this evening? PUBLIC HEARING OPEN CHRIS WETTERSTEN MRS. WETTERSTEN-My name is Chris. My last name is Wettersten. I reside at 23 Twicwood. I had reached out to Noreen by phone because I wanted to call her and thank her for coming up with the different solution, but I just had had a few questions regarding the pool and the placement of the pump and backwash. Because the pool would be located just a little bit behind the back corner of my house and we've had some issues in the past with water in that one corner. So I was just asking where the pump was going to be and where the backwash was going to flow, and Noreen,I spoke with her out in the hallway. She said that it's going to be flowing back towards the woods in the back corner which was a relief to me. Another question that I had was what was the relief that they were requesting from the property line? It's 20. Is it going to be 10? Is it going to be S? Is it going to be 6? I didn't know if there was any kind of way to clarify that MR. UNDERWOOD-Ten feet. MRS. WETTERSTEN-So 10 feet. Okay, and then my final question was if there was going to just be a patio or a deck? 4 (Queensbury ZBA Meeting 09/20/2023) MR. UNDERWOOD-I think it'll have appropriate fencing around it,probably some kind of way to walk around it. MRS.WETTERSTEN-Of course, and that was all I had. Thank you. MR. UNDERWOOD-Anybody else from the public wishing to speak on the matter? All right. Any correspondence, Roy? MR.URRICO-One letter. "We continue to support Noreen Potvin to install a pool on her property. Patty &Mark Lewis" I think that's 44 Twicwood Lane. LINDA MC NULTY MRS. MC NULTY-Hi. I'm Linda McNulty. I live at 14 Twicwood Lane and I also own 16,the vacant lot. I still have an opposition to what the Town of Queensbury is doing with the variances. We put a lot of tax money into having a Comprehensive Land Use done and you're violating it. I mean I'm still opposed to this project with it being so close to the fence to the neighbor. MR.HENKEL-Aren't there other pools in that area that are that close to the fence? MRS. MC NULTY-I think it's about 10 or 12 feet. MR. HENKEL-So when you start talking like that. There's quite a few pools in that area. My in-laws used to live in that area. So I know that area pretty good. MRS. MC NULTY-We bought in there in 1973 because we loved the trees. It was a peaceful setting. It just has changed and it's not for the better. MR. UNDERWOOD-Okay. Thank you. Anybody else wishing to comment on the matter? All right then at this point I will close the public hearing. PUBLIC HEARING CLOSED MR. UNDERWOOD-And I guess I'll poll the Board. I'll start with Roy. MR. URRICO-I would be in favor of the application at this point. MR. UNDERWOOD-Ron? MR.KUHL-I think the modification made,the move and the size of the pool,I'd also be in favor. MR. UNDERWOOD John? MR.HENKEL-I think it's a great location. I'd be definitely on board. MR. UNDERWOOD-Bob? MR.KEENAN-Yes,I'm happy with the changes they've made. MR. UNDERWOOD-Mary? MRS. PALACINO-I'd approve. I'd go along with the rest of the Board. I think the changes that they made are the best that they could given the location of their property. So I would be in favor. MR. UNDERWOOD-Yes,I think the Board is pleased with the fact that you moved it to the location that everybody found more acceptable. I think it's a good project and I think we can approve it. So does somebody want to take the motion? Ron? MR.KUHL-Sure,Mr. Chairman. 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 2,501 sq.ft.would remain with no changes. The pool is to be about 14 x 2S 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. 5 (Queensbury ZBA Meeting 09/20/2023) 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-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. They've made an effort to move this pool closer behind the house and it's not standing out as much on the property. 2. Feasible alternatives were limited and have been considered by the Board,are reasonable and have been-included to minimize the request. 3. The requested variance is really not substantial as the property is a large sized property and it could and it does support this pool. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. We could suggest alleged difficulty is self-created because of the pool they want and the distance to the property line. 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. 26-2023 NOREEN POTVIN, Introduced by Ronald Kuhl, who moved for its adoption, seconded by Robert Keenan: Duly adopted this 20th Day of September 2023 by the following vote: AYES: Mr.Henkel,Mr.Kuhl,Mr. Keenan,Mrs.Palacino,Mr. Urrico, Mr. Underwood NOES: NONE ABSENT: Mr. Cipperly,Mr. McCabe MR. UNDERWOOD-Thank you. MR.WEBSTER-Thank you. MR. UNDERWOOD-Okay. Next up on the agenda we have applicant JP Gross Properties, LLC. The project location is 27 Silver Circle in Ward 4. NEW BUSINESS: AREA VARIANCE NO.36-2023 SEQRA TYPE TYPE 11 JP GROSS PROPERTIES LLC AGENT(S) NICK ZEGLEN(EDP);JON LAPPER,ESQ. OWNER(S) 27 SILVER CIRCLE LLC ZONING CLI LOCATION 27 SILVER CIRCLE 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. 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- 6 (Queensbury ZBA Meeting 09/20/2023) 2009; SP 18-2009; SP 6-2004 WARREN COUNTY PLANNING SEPTEMBER 2023 LOT SIZE 13.41 ACRES(OR 9.38?) TAX MAP NO. 309.17-1-17.2 SECTION 179-3-040;179-9-120 JON ZAPPER &NICK ZEGLEN,REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No. 36-2023,JP Gross Properties,LLC,Meeting Date: September 20,2023 "Project Location: 27 Silver Circle LLC 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 30.330/o to 26.920/o where 300/o 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.OS%. 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 1000 sf;warehouse of 14,400-1 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." MR. ZAPPER-Thank you. For the record,I'm Jon Lapper with Nick Zeglen from Environmental Design Partnership and Joe Gross,the applicant,is behind us. I'd just like to start out and give you a little history of the variances. Both this and the next two are completely interrelated and I want to just explain as we did to the Planning Board a lot of times on this project but we hadn't had a reason to come to the Zoning Board yet. So I want to just explain what's going on and how we got here. So the Silver Circle property and buildings are Joe's business, Gross Electric,which is a big electrical contractor that does remote jobs, large,his headquarters, and so that includes material storage, equipment storage,his office, and that's the one that's up first,the Silver Circle, and that's on the left side of the map. What Laura's showing is the whole overall site plan of all three properties. So the two properties that are on Big Bay,Joe had the opportunity to lease the property and then lease the other building to Brookfield Power. So Brookfield Power now owns all of the local dams and power facilities all over the country and they decided,a year and a half ago,to consolidate all of their operations to Queensbury,New York. Sothis is where they're running facilities allover the country. A lot of issues with security,but they deemed Queensbury,New York to be a safe spot. So they brought and hired a whole bunch of high paying jobs. It's a quiet facility. They're all 7 (Queensbury ZBA Meeting 09/20/2023) on laptops and computers, but they're running all these power facilities out of Queensbury. The IDA supported this when the newest building was built,which is the one on the north side,at 407,and so what we're here to talk about,yes,they're after the fact variances,but these were minor tweaks to the Site Plan and Joe was under pressure with this contract to get them in by July I",which he was able to meet, and what we're here to talk about are just a few areas where additional pavement was necessary and there wasn't time to go to the Planning Board and Zoning Board when this was all getting done. It wasn't like it was a set plan. This needs to get paved and the pavers are out there. So it wasn't an attempt to skirt anything. We knew that we'd have to get here once it was done. He made the deadline. He got them in. So what's going on is that on the top side,top of what's on the wall,you'll seethe two white buildings. So coming straight down, that area of pavement interconnects the two Brookfield buildings so that trucks can turn around and just makes the whole traffic flow a lot better and safer. So that changed the permeability there. We lost three parking spaces on that top site,which doesn't matter because there are ample spaces, extra spaces on the next site down. So it all kind of works together, even though they're separate parcels. The second site, the southern site there, there used to be a strip that was a separate parcel. Then we combined those parcels to make it work for Laura as one project parcel. We had to combine,that changed the permeability. Some trees came out for that interconnection,but Nick added a whole bunch of plantings along the front,along Big Bay Road where it's more important where you can see them,and then if you see on the building on the bottom on the left,that row of parking spaces,that building is actually part of the Silver Circle, Gross Electric, but those parking spaces that are on the right side of that building are for the Brookfield Power people. So that changed the permeability,because that strip, it was already gravel, which is, you know, pretty much impermeable anyway. That got paved so that there's enough parking spaces for everyone. This is a 24/7 facility and they just needed to make sure that there was enough parking. So even though it changed the permeability by a few percent, this is all sand and we provided a letter for the Planning Department and the Planning Board that there's no issue with infiltration because of the soils here. The infiltration facilities can handle this with the few percent difference. So it wasn't an attempt to skirt the rules. It was just that there was no time and we hope that you'll see these all as minor changes. So with that the first one on the agenda is Silver Circle which is that line of parking spaces on the lot on the left side. MR. UNDERWOOD-Any questions from the Board members? It seems pretty straightforward. Pretty good explanation. Anybody from the public wishing to speak on the matter? Do you want to come up? PUBLIC HEARING OPENED ROBERTPARKER MR.PARKER-My name's Robert Parker. I live at 54 Eagan Road,Queensbury,New York. I live right on his property,right on the property line, and my house is like an earthquake zone. It's been like that for a year. I haven't complained because he kept saying they were going to be done with it. Every single day, six o'clock in the morning, I've got videos. It looks like a house that's been in an earthquake. Pictures falling off the wall. I called Mr. Gross and complained about some things. He basically told me to pound sand, and his exact words were I don't care what's going on. All I care about is my guys getting the work done. So he didn't care. His guys were out there at six in the morning. So I go and talk to them. One of the guys says he's a marine,gets in my face and tells me I'm a marine. How many people have you killed? Like insinuating he's a killer,and I've got it recorded,and I called Joe to talk to him. He did not care about any of it. All the trees on the property line,because he did tell while this was going on there was supposed to be a buffer, are just dying. I have one tree 100 feet tall dying and fall down in my yard,because if you, all you've got to do is go look what's going on and you'll know exactly what I'm talking about. You look out my back door now it looks like it's a cross between a trailer park where we live, and that was one of the nicest places in Queensbury,and a junk yard. There's trailers out there. It looks like people are living out there. I don't think they're living there,but they're parked out there,right beyond our yard. So I mean if you ask anybody on the street,and everybody's scared to talk because they're scared of him because these guys threaten people. So I tried dealing with him,and like I said,nothing but threats. I don't know what else to do, and I put a review up online and he somehow had all my reviews taken down. So I made a web page. I went public and this is now upon You Tube so everybody can keep track of what's going on, and like he just said he didn't tell. I would have come here if we knew that he was doing stuff that he just said he wasn't supposed to be doing. I don't know if there's any questions,but I have drones flying around. I had my girls out in the yard and he's got drones flying around without telling anybody, and they're out in their bathing suits,and you go and talk to him and all he wants to do is,he doesn't want to hear anything. So it's a disaster. MR.HENKEL-Unfortunately we're just looking at a permeability variance. MR. PARKER-Well I talked to the Supervisor. He told me to come here and tell you guys. He came to my house. So that's what I'm doing. MR.KUHL-What would fix it? MR. ZAPPER-We have an answer to all that. S (Queensbury ZBA Meeting 09/20/2023) MR.UNDERWOOD-Okay. Anybody else in the public wishing to speak on the matter? Do we have any correspondence, Roy? MR. URRICO-I have one recommendation from the Planning Board that I didn't read yet. And 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 unanimously on September 19`h,2023. MR. ZAPPER-Okay. So the area that this neighbor's talking about is not in front of the building. It's in the back of the building, laydown area for materials and equipment. The site plan which the Planning Board approved requires a two foot berm and a four foot fence on that whole area,between that area and the neighbors. It hasn't been constructed yet. That's the last part of the project. Joe will certainly be done this fall. Laura knows all about it. It's part of the plan. It's on the plan. It has to get done. So the Planning Board addressed that,required berm with a fence on top of it and that's about to be installed. So that'll make a big difference. Joe,do you want to say anything? JOE GROSS MR. GROSS-Yes,we're talking two different things. MR. UNDERWOOD-Would you identify yourself. MR. GROSS-Hi, I'm Joe Gross, owner of the property. We are clearing the back of the property, totally unassociated with where we're talking, and it was pre-approved by the Town, and I can understand the frustration because,you know,you have excavation equipment digging dirt,you're putting gravel down, we're compacting it. However we are putting a berm in. The Town can confirm that we've actually given a taller berm. We've vegetated that. We're going to put a fence on the top. We just need another two weeks to put the water line in. This particular neighbor is frustrated. There's been plenty of police reports on the whole thing, and I can assure you that I'm not confrontational. I've never stepped on anybody's property,but it's been the other way around,but I don't want to get into hearsay,he said she said. I want to be a good neighbor. I want to finish the project. I want to put the berm in. I just need a couple of weeks of patience to get the water line in around the backside. It has nothing to do with what we're asking for today, and I can assure you that I would never come and not complete what I say I'm going to do. So not only we're putting that berm,instead of two feet,we've got it about three feet high. We put a six foot top on it, vegetated it. We're going to give them a nice six foot berm. Unfortunately with the residential against, bordering a light industrial, you're going to have, you know we make a living with equipment and equipment just lying there. It's not a trailer park. They are office trailers and different equipment laying,laydown area. So I'm sorry that we couldn't,I can assure you we will fulfill what is in the agreement for me to do. MR. URRICO-I guess my concern is that one of the criteria is that there be no adverse effect or impact on the environmental conditions in the neighborhood or district, and that seems to be creating that. You have two other projects kind of related to this. MR. GROSS-This property is a long property. MR. ZAPPER-The area that we're talking about is behind the property. MR. GROSS-This property, just so we're aware, Silver Circle property starts here and it comes down, wraps around, Laura will show you. We're talking about a section that was behind the building, facing Big Bay Road, has nothing to do with what we're talking about. It was gravel property that they were parking on,and all I did was blacktop it to accommodate these people that have clean parking. Could you go back to the other map,Laura? I apologize. We're talking,right now we're asking for a variance for this section that they were parking on anyway gravel to be blacktop. That's all we're asking for. MR.KUHL-Where's the fence going to be? MR. GROSS-The gentleman that's upset about the fence,it's way over here, and it has nothing to do with this variance. We put a berm. We have it past his property. The water line, Kevin from the water district's there finishing the water line to here. They're finishing the berm. The fencing company's putting the fence in. It has nothing to do with what we're asking for. We're not asking for any changes over here. MR. KUHL-Well you've already done things and what you're asking is,it's an as-built. You already put the asphalt in. Right? Why didn't you build a fence down where he wanted the fence and a berm? MR. GROSS-We are doing that. MR.KUHL-I know you are,but you already did your hard surfacing. Right? Or wrong? 9 (Queensbury ZBA Meeting 09/20/2023) MR. GROSS-Two total different areas. This is a year ago way over here. Okay. So this was,Brookfield Power asked us to accommodate them. We've tried to accommodate them,bringing 50 new jobs to the area. They were leaving to go to Wilton. So I put the building up. We did it in 60 days. They had a building,we had a slab and a building on May I". It was fitted up and it was done by July I". They had a contractual agreement to finish it. We added, we're only talking 1400 square feet of adding blacktop, compared to what was approved and the gravel is already non-permeable. They just wanted blacktop on it. That's all we're talking. We're not talking I added something. They were already utilizing it under,I don't really know gravel from crushed stone,but they were parking on it. MR. ZAPPER-We'll have Nick show you where the fence is because that's what you're asking about. MR. URRICO-I'm more concerned, not about the fence, I'm just concerned about, is it changing the environment in the areas. Is that part of what's changing? MR.ZAPPER-It's not because there was a big metal building between this property and where the parking spaces are. You can't see it. It's on the other side of the building, but where the brown box is on the bottom where the residential is, there's going to be a four foot fence installed, as Joe said, as soon as the water line goes in. That's where the houses are,versus up on top where Laura has the other box which is blocked by a whole metal building. These parking spaces are on the inside of the building and the houses are on the outside,nowhere near. MRS. MOORE-Can I add a little more context? So the Planning Board did a review of this project here. There's two warehouse buildings constructed plus the laydown area,plus the project identification of,you know, mitigation between the residential use and the commercial light industrial was the berm and the fence. Bruce has been out there. He's our Code Compliance Officer. They're almost completed as Joe has described,and the last part of that construction is putting that berm in place to complete that project. So they're already,they're meeting their obligation. They're not in violation of that. MR. UNDERWOOD-All right. Any other concerns from the Board members? All right. I'm going to remind everybody, on this one we're only concerned with the 3.OS% of relief needed for permeability. That's been explained as paving over that area that was previously gravel. I think that we can understand your concerns. MR. PARKER-I just want to say one thing. He makes,this looks faraway from the house,but when he's doing this work,every house on that street,the vibration,the trees are falling down in our yard. So even though it's there. It literally shakes the whole street. MR.HENKEL-That's just to continue on to get what he needs to get done. There's going to be a little bit of disturbance. It's not going to be forever. MR. UNDERWOOD-I'm going to have to cut you off at this point. I'm going to remind the Board that we're dealing here with the permeability issue,paving over of gravel area and the amount of relief needed is 3.OS%. So I guess at this point in time I will poll the Board and start with Mary. MR. URRICO Jim,you have to close the public hearing. MR. UNDERWOOD-I'll close the public hearing. PUBLIC HEARING CLOSED MRS.PALACINO-I would approve these changes,this request. MR. UNDERWOOD-Bob? MR.KEENAN-Yes,I think this is a pretty minimal project. So I would approve. MR. UNDERWOOD John? MR.HENKEL-What we're being asked for,it's very minimal. I mean if it was a lake or somewhere where it's going to become a problem. It's not going to become a problem in that area. So I'm definitely on board as is. MR. UNDERWOOD-Ron? MR.KUHL-Yes. I'd be in favor of this with trepidation. The request is minimal. MR. UNDERWOOD-Roy? MR. URRICO-I'd be in favor of it based on the minimal request. 10 (Queensbury ZBA Meeting 09/20/2023) MR.UNDERWOOD-Yes,and I,too,recognize the fact that it's a minimal change from what you originally had approved by the Planning Board. So at this point in time I'll ask somebody to make a motion. MR.KEENAN-I can make a motion. 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 30.330/o to 26.92%where 300/o 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-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 the variance is very minor,3.OS%. 2. Feasible alternatives have been considered by the Board and we found that these changes are reasonable. 3. The requested variance is not substantial because it is a very small amount,3.OS%. 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 because of the project. 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. 36-2023 1P GROSS PROPERTIES, LLC, Introduced by Robert Keenan, who moved for its adoption, seconded by Mary Palacino: Duly adopted this 20th Day of September 2023 by the following vote: AYES: Mr.Henkel,Mr. Urrico, Mr. Kuhl,Mr.Keenan,Mrs.Palacino, Mr. Underwood NOES: NONE ABSENT: Mr. Cipperly,Mr. McCabe MR.UNDERWOOD-Okay. Next upon the agenda is JP Gross Properties,LLC again,and project location is 399 Big Bay Road. AREA VARIANCE NO.37-2023 SEQRA TYPE TYPE II JP GROSS PROPERTIES,LLC AGENT(S) NICK ZEGLEN (EDP);JON LAPPER, ESQ. OWNER(S) 399 BIG BAY LLC ZONING CLI LOCATION 399 BIG BAY RD. 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 11 (Queensbury ZBA Meeting 09/20/2023) 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. 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 LOT SIZE 1.57 ACRES TAX MAP NO. 309.17-1-15.2 SECTION 179-3-040 JON ZAPPER&NICK ZEGLEN,REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No. 37-2023,JP Gross Properties,LLC,Meeting Date: September 20,2023 "Project Location: 399 Big Bay Rd. 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 21.40/o permeability and 300/o is required where 23.40/o 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 S.6010 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." MR. URRICO-And then the 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 unanimously on September 19`h,2023. MR. UNDERWOOD Jon? MR. ZAPPER-Again, for the record,Jon Lapper, Nick Zeglen and Joe Gross. And with this one we're talking about the southern site and the area where the pen is, that was paved so that the two sites, the truck traffic can circulate for safety and for ease of delivery. So that's why it changed the permeability because that would have been impermeable. Now it's connected,but the mitigation for that is that on the northernmost site you can just see that's the line of trees and shrubs which will soften the front and pretty it up. 12 (Queensbury ZBA Meeting 09/20/2023) MR.UNDERWOOD-I had a question whether you were going to consolidate all those properties together as one single property or keep them all separate? MR.ZAPPER-We consolidated,the one on the bottom used to be two and that was consolidated into one. The top one would still be separate for someday for uses or financing. MR. ZEGLEN Just one thing to add. We did, if you took the permeability, if you were to combine the two lots,look at the permeability is at 30.60/o. So the two lots as a whole wouldn't meet the permeability. Again,we couldn't combine them just for financial reasons. MR.UNDERWOOD-Yes,I think for the benefit of everybody,the soils down at that end of Town are very deep sands. They're probably over 100 feet deep,and I don't think the permeability issue really is a concern with flooding or backing up of water anywhere. MR. ZEGLEN-Yes,we've done a lot of test holes in this area and we've dug as deep as we could and never hit any water. MR.UNDERWOOD-Any Board members have questions? Okay. I'll open the public hearing. Anybody from the public wishing to speak on the matter? Any correspondence, Roy? PUBLIC HEARING OPENED MR. URRICO-No. MR. UNDERWOOD-All right then I guess I'll close the public hearing. PUBLIC HEARING CLOSED MR. UNDERWOOD-And we'll poll the Board and start with you,Bob. MR. KEENAN-Again,this is pretty similar to the previous project. I think it's pretty minimal relief. I'd be in favor of it. MR. UNDERWOOD John? MR. HENKEL-Yes,there's no doubt in this area that's not a big problem. In some areas it would be,but not in this area. I'm on board. MR. UNDERWOOD-Ron? MR.KUHL-I have no issue with it. MR. UNDERWOOD-Roy? MR. URRICO-Yes,I'm okay with it. MR. UNDERWOOD-Mary? MRS.PALACINO-I would be in favor as well. MR. UNDERWOOD-Okay. I, too, have no issues with the proposal. It's a minor modification. Even though it looks like a lot of relief,I think that there's adequate soil capacity to absorb the moisture. Does somebody want to make a motion? Mary,do you want to do it? MRS.PALACINO-Sure. 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 21.40/o permeability and 300/o is required where 23.40/o was existing. 13 (Queensbury ZBA Meeting 09/20/2023) 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: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because of the makeup of the existing ground. 2. Feasible alternatives have been considered and are reasonable and have been included to minimize the-request. 3. The requested variance is not considered substantial, again because the existing permeability levels are just being diminished by a small amount. 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 just by the very nature of the business on the property. 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. 37-2023 1P GROSS PROPERTIES, LLC, Introduced by Mary Palacino, who moved for its adoption, seconded by Robert Keenan: Duly adopted this 20th Day of September 2023 by the following vote: AYES: Mr.Henkel,Mr. Urrico, Mrs.Palacino,Mr. Kuhl,Mr.Keenan,Mr. Underwood NOES: NONE ABSENT: Mr. Cipperly,Mr. McCabe MR. UNDERWOOD-Okay, and third up again,JP Gross Properties again,407 Big Bay Road. AREA VARIANCE NO. 38-2023 SEQRA TYPE TYPE 11 JP GROSS PROPERTIES, LLC AGENT(S) NICK ZEGLEN (EDP);JON LAPPER,ESQ. OWNER(S) 407 BIG BAY ROAD LLC ZONING CLI LOCATION 407 BIG BAY RD. 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. CROSS REF SP 58-2023;SP(M)60-2021;SP 60-2021 WARREN COUNTY PLANNING SEPTEMBER 2023 LOT SIZE 1.62 ACRES TAX MAP NO. 309.17-1-16 SECTION 179-3-040;179-4-090 JON LAPPER&NICK ZEGLEN,REPRESENTING APPLICANT,PRESENT STAFF INPUT 14 (Queensbury ZBA Meeting 09/20/2023) Notes from Staff,Area Variance No. 35-2023,JP Gross Properties,LLC,Meeting Date: September 20,2023 "Project Location: 407 Big Bay Rd. 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 300/o.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 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 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." MR. URRICO-And the Planning Board,based on its limited review,made a motion that did not identify any significant adverse impacts that cannot be mitigated with the current project proposal, and that was passed unanimously on September 19`h,2023. MR. UNDERWOOD Jon? MR.ZAPPER-This is the simplest of the three. So three parking spaces were eliminated in order to provide for the interconnect for the traffic to go between the sites. MR. UNDERWOOD-Any questions from Board members? MR.HENKEL-So how many total parking spaces are in that whole area? MR. GROSS Just that one is 51. MR.HENKEL-Okay. So it's like about 100 and something,right? MR. ZEGLEN-One hundred and thirty-eight total. 15 (Queensbury ZBA Meeting 09/20/2023) MR. HENKEL-Overall. So it's more than you need anyway for the square footage of the buildings. So, okay. MR. GROSS-They took two away, you can see the hash marks, just so they could not worry about somebody hitting a car. That was the client's decision to get rid of those two you see hashed out on the corner of the building. Two out of the three. MR. HENKEL-So it over-exceeds the amount needed anyway for the square footage. So that's the main thing. Okay. Thank you. MR. UNDERWOOD-At this point I'll open up the public hearing. Anybody from the public wishing to speak about the three missing parking places? Any correspondence, Roy? PUBLIC HEARING OPENED MR. URRICO-No. MR. UNDERWOOD-Then I guess at this point I will poll the Board and start with Ron. MR. KUHL-Yes, I mean this is another example of the same way as when the Recovery Grill opened up and they wanted how many hundreds,but it wasn't enough. It's just a shame to have to spend the time and money to come here and do this,but I'll be in favor. MR. UNDERWOOD John? MR.HENKEL-Yes,I'm on board also. MR. UNDERWOOD-Roy? MR. URRICO-Yes,I'm in favor. MR. UNDERWOOD-Bob? MR.KEENAN-I'm in favor. MR. UNDERWOOD-Mary? MRS.PALACINO-I would be in agreement. MR. UNDERWOOD-Yes,I think it's a tribute to this place. I'd be in favor of it. MRS. DWYRE-You have to close your public hearing. MR. UNDERWOOD-I'll close the public hearing. PUBLIC HEARING CLOSED MR. UNDERWOOD-Does anybody want to make a motion? MR.KUHL-Yes,I'll make that motion for you,Mr. Chairman. 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, 16 (Queensbury ZBA Meeting 09/20/2023) 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: 1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties as this 407 is adjoining the 399 and Silver Circle. 2. Feasible alternatives were limited,and have been considered by the Board,are reasonable and have been-included to minimize the request. 3. The requested variance is not substantial, again,because this property adjoins and they share the parking sites with 399 and Silver Circle. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty is self-created,but it's not really. 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. 38-2023 1P GROSS PROPERTIES LLC, Introduced by Ronald Kuhl, who moved for its adoption, seconded by Robert Keenan: Duly adopted this 20th Day of September 2023 by the following vote: MR. UNDERWOOD-Before I ask for a second,I would just say to the neighbor who was concerned here this evening, I think that these guys are acting in good faith and I think even though you feel like you've been wronged,construction work is always damaging to the neighborhood as far as noise and the effect on your lifestyle and your homes at that point in time, but I think in the future, you know, things will be ironed out once the berm is up,the fence is up. If you have concerns about noise at that point in time, I think you can go back to the Town and ask for recourse. We'll have to wait and see how things kind of play out at this point. AYES: Mr.Henkel,Mr.Kuhl,Mr. Keenan,Mrs.Palacino,Mr. Urrico, Mr. Underwood NOES: NONE ABSENT: Mr. Cipperly,Mr. McCabe MR. ZAPPER-I'd like to assure the Board,too,that as soon as the water line's completed,the fence will go up. MR. ZAPPER-Thanks,everybody. MR. UNDERWOOD-Okay. Next up on the agenda is Kevin&Annie Dineen. Their project location is 149 Birdsall Road. AREA VARIANCE NO. 39-2023 SEQRA TYPE TYPE 11 KEVIN&z ANNIE DINEEN AGENT(S) ETHAN HALL (RUCINSKI HALL ARCH.) OWNER(S) KEVIN &z ANNIE DINEEN ZONING WR LOCATION 149 BIRDSALL RD. 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 AD 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. CROSS REF 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 WARREN COUNTY PLANNING N/A LOT SIZE 0.62 ACRES TAX MAP NO. 289.17-1-46 SECTION 179-3-040;179-5-020;179-13-050 17 (Queensbury ZBA Meeting 09/20/2023) STAFF INPUT Notes from Staff,Area Variance No. 39-2023,Kevin&Annie Dineen, Meeting Date: September 20,2023 "Project Location: 149 Birdsall Rd. Description of Proposed Project: Applicant proposes to construct a new garage of S90 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 proposedgarage 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. I 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 maybe 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 newbuilding 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." MR. HALL-Good evening. My name is Ethan Hall. I'm a principle with Rucinski Hall Architecture. With me tonight is Emma Dineen. She's the daughter of Kevin and Annie. They could not attend tonight so she's herein their stead. The project is really pretty straightforward. This project was actually in front of this Board several years ago to add dormers. The headroom in the original garage was fairly low. We put a couple of dormers in to get the bathroom headroom inside. They had a fire on Christmas Day 2022 and it pretty much destroyed,you can see by the pictures,it pretty much destroyed the entire garage. So the project is to completely replace the garage and when we looked at it,putting the stairs back,the stairs that were inside the existing garage were very steep. When Kevin originally built it it was his hockey buddies that were staying there,but with Emma and other people staying there,we decided if we wanted to put a real stair in,we needed a little bit of additional headroom. So the intent is on the backside of the garage,the small gable dormer would go back on that was approved previously,but on the driveway side what they'd like to do is put a shed dormer that goes all the way across so that we can get the headroom for the stair and the headroom upstairs to make the place livable and that's really what we're here for. The existing height of the garage was 19 foot 4 with a berm and we're staying with that same height. It's really just a request to replace what was there with a little additional wall. MR. UNDERWOOD-It was a scary fire. When I looked out the window on Christmas morning I saw it. Iran to all the neighbors'houses downwind because it was such an intense fire. I'm glad nobody got hurt. 1S (Queensbury ZBA Meeting 09/20/2023) MR.KUHL-Were the footprints going to be on the existing concrete footprint that's there now? MR.HALL-Absolutely. MR.HENKEL-We approved this back in'16. MR.HALL-2016 I believe. MR.HENKEL-Because we approved it for another bathroom in there or something. MR. HALL-The bathroom was already there. We just put the dormers on it. Two small gable dormers. Yes. And again,one of those was so that we could get a door to open into the bathroom instead of out of the bathroom because when you went to the top of the stairs the door opened out of the bathroom and it kind of helped to get up to the top of the stairs. This will help kind of fix all of that. MR.KUHL-But if you were a creative architect,you would have put a. MR.HENKEL-Barn door. MR.UNDERWOOD-Any other questions from Board members? Okay. At this point I'll open the public hearing. Anybody from the public wishing to speak on the matter? Any correspondence? PUBLIC HEARING OPENED MR.URRICO-Yes. "I am writing in support of the Dineen's application to rebuild their garage on Birdsall Road.. Annie and Kevin have been neighbors of ours for 25 years. They suffered a devastating garage fire on Christmas day and would like to rebuild their garage. The Dineen family are valued members of the Glen Lake Community and this project will restore and improve the property back to its original state. We fully support the rebuild. Feel free to contact us should you have any questions. Thank you. Mary and Morgan Vittengl" 155 Birdsall Road. "On Christmas Day 2022, the Dineen's garage burnt to the ground destroying many family items including irreplaceable career mementoes and childhood milestones. To replace all they lost is impossible. To return their homestead to a reasonable replica is possible. They are asking for the same structure with a minor safety adjustment. The square footage is the same; the footprint is the same. The negligible difference is a dormer providing a safer stairway within the structure. Please accept the plans as submitted. As neighbors,we would like the family to get back to their"normal" as soon as possible. Sincerely, Kate and Wally Hirsch" 145 Birdsall Road. "Please be advised that we own the adjacent property to the Dineen's property located at 149 Birdsall Road. We understand they want to rebuild their garage, and we have no objections to that,whatsoever. Sincerely, Charlotte Potvin, Mitchell,III" MR. UNDERWOOD-All right. At this time I'll close the public hearing. PUBLIC HEARING CLOSED MR. UNDERWOOD-And I'll poll the Board. I'll start with you,Mary. MRS.PALACINO-I would have no difficulty at all approving this one. MR. UNDERWOOD-Bob? MR.KEENAN-Yes,they built it on the same slab. I would approve it. MR. UNDERWOOD John? MR. HENKEL-They're not asking for a lot. They're asking for two small variances. I mean the height variance is a little bit more than we like to give,but in this project I understand the height,and I would be on board. MR. UNDERWOOD-Ron? MR. KUHL-I have no issue with it,but as John so eloquently put it,they're replacing something that got burnt down. MR. UNDERWOOD-Roy? MR. URRICO-Yes,I'm in favor. MR. UNDERWOOD-And I,too, am in favor,and I'll make the motion. 19 (Queensbury ZBA Meeting 09/20/2023) The Zoning Board of Appeals of the Town of Queensbury has received an application from Kevin&z Annie Dineen. Applicant proposes to construct a new garage of S90 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 proposedgarage 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-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. The garage would be built on the same slab that previously existed from the fire. The only difference will be the height of the dormers. 2. Feasible alternatives have been considered by the Board but are not considered reasonable. They're basically re-building what was previously on site and approved previously by this Board. 3. The requested variance is not substantial.It's essentially what was existing with a minor difference in height. 4. There is not 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 re-build the garage that burnt up in the fire. 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. 39-2023 KEVIN &z ANNIE DINEEN, Introduced by James Underwood, who moved for its adoption, seconded by Ronald Kuhl: Duly adopted this 20th Day of September 2023 by the following vote: AYES: Mr.Henkel,Mrs.Palacino,Mr. Keenan,Mr.Kuhl,Mr. Urrico,Mr. Underwood NOES: NONE ABSENT: Mr. Cipperly,Mr. McCabe MR. HALL-Thank you very much. I appreciate it. MR. UNDERWOOD-Okay, and last up on the agenda this evening is Dunham's Bay Fish&Game. AREA VARIANCE NO.40-2023 SEQRA TYPE TYPE II DUNHAM'S BAY FISH&z GAME CLUB OWNER(S) DUNHAM'S BAY FISH&z GAME CLUB ZONING LC-l0A LOCATION 2080 RIDGE 20 (Queensbury ZBA Meeting 09/20/2023) RD. APPLICANT PROPOSES TO REMOVE A 3,936 SQ. FT. OUTDOOR-RANGE PAVILION TO CONSTRUCT ANEW 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 &z GAME CLUB. RELIEF IS REQUESTED FOR SETBACKS. CROSS REF SP 63-2023; PZ 216-2016 WARREN COUNTY PLANNING SEPTEMBER 2023 ADIRONDACK PARK AGENCY ALD LOT SIZE 20.74 ACRES TAX MAP NO.253.-1-19 SECTION 179-3-040 PATRICK BELAND&BOB BENWAY, REPRESENTING APPLICANT,PRESENT STAFF INPUT Notes from Staff,Area Variance No.40-2023,Dunham's Bay Fish&Game Club,Meeting Date: September 20,2023 "Project Location: 20SO Ridge Road Description of Proposed Project: Applicant proposes to remove a 3,936 sq. ft. outdoor-range pavilion to construct a new 2,SS0 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. 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." MR.URRICO-And the 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 unanimously on September 19`h,2023. MR. BELAND-Good evening. My name is Patrick Beland, Chairman of the Board of Directors of the Dunham's Bay Fish & Game Club. This is Bob Benway. He's also a Board member and membership chairman. The range we're replacing is probably well over 60 years. It's got poured cement around it. So most of the poles are rotting. The structural integrity is gone. It's leaning. We got our money's worth out of it. So it's time to replace it. So we're asking for relief from the setback. MR. UNDERWOOD-Any questions from Board members? All right. I'll open the public hearing. Anybody from the public wishing to speak? Any correspondence? 21 (Queensbury ZBA Meeting 09/20/2023) PUBLIC HEARING OPENED MR. URRICO-No correspondence. MR. UNDERWOOD-It seems like a simple request. It actually requires less relief than the current ones. I don't think the Board has any problem with it. Does someone want to make a motion? I'll close the public hearing. PUBLIC HEARING CLOSED MR. UNDERWOOD-Okay. Ron? MR. URRICO-Yes,thank you,Mr. Chairman. The Zoning Board of Appeals of the Town of Queensbury has received an application from Dunham's Bay Fish &z Game Club. Applicant proposes to remove a 3,936 sq. ft. outdoor-range pavilion to construct a new 2,SSO 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-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 as this is basically replacing an older outdated structure. 2. Feasible alternatives were considered by the Board and are reasonable and have been included to minimize-the request. 3. The requested variance is not substantial as the new structure is shorter than the old existing one. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. 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. 40-2023 DUNHAM'S BAY FISH &z GAME CLUB, Introduced by Ronald Kuhl, who moved for its adoption,seconded by John Henkel: Duly adopted this 20th Day of September 2023 by the following vote: AYES: Mr.Keenan,Mr. Kuhl,Mrs.Palacino,Mr.Henkel,Mr. Urrico,Mr. Underwood 22 (Queensbury ZBA Meeting 09/20/2023) NOES: NONE ABSENT: Mr. Cipperly,Mr. McCabe MR. UNDERWOOD-I'll adjourn the meeting. MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF SEPTEMBER 20TH, 2023, Introduced by James Underwood who moved for its adoption, seconded by John Henkel: Duly adopted this 20`h day of September,2023,by the following vote: AYES: Mr.Henkel,Mrs.Palacino,Mr. Urrico,Mr. Keenan,Mr.Kuhl,Mr. Underwood NOES: NONE ABSENT: Mr. Cipperly,Mr. McCabe On motion meeting was adjourned. RESPECTFULLY SUBMITTED, James Underwood,Acting Chairman 23