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Staff NotesStaff Notes November 15,2023 Administrative Items: Approval of Meeting Minutes for October 18, 2023 Review & Approval of Meeting Dates Calendar for 2024 New Business: SV 6-2023 Northstar Donut Group AV 44-2023 David R. White, Trustee AV 45-2023 Lauren &Christian Freyer AV 46-2023 Charles & Evelyn Weeks Queensbury Zoning Board of Appeals Agenda Meeting: November 15, 2023 Time: 7:00- 11:00 pm Queensbury Activities Center — 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Administrative Items: Approval of Meeting Minutes for October 18, 2023 Review and Approval of Meeting Dates Calendar for 2024 NEW BUSINESS: Applicant(s) Northstar Donut Group Sin Variance Number SV 6-2023 Owner(s) Cedar Holdings Associates SEQRA Type Unlisted Age ts Jon C. Lapper, Esq. Lot Size 0.44 acres Location & Ward 713 Glen St. Ward 2 Zoning Cl Tax Id No 302.6-1-10 Section 140 Cross Ref SP 68-2023; AV 42-2003; SP 10-2003; AV 98-2002 Warren County Planning November 2023 Public Hearing November 15, 2023 Adirondack Park Agency n/a Proiect Description: Applicant proposes to alter the existing signage and modify the building canopies for the existing building and site. The existing building of 2,358.5 sq. ft. is to remain. There is an existing wall sign to be replaced with a 22.3 sq. ft. wall sign with the word "Dunkin"' on north elevation; the freestanding sign is to be refurbished to 32 sq. ft. sign with wording "Dunkin Drive Thru"; directional signage of 2.79 sq. ft. at each access point for entering and exiting (2 signs total); a 2.68 sq. ft. height check arm sign "Drive Thru"; and the menu board to be replaced with a 19.98 sq. ft. digital board as an additional freestanding sign. Project includes the placement of sloped canopies to flat canopies over the entrance and drive thru window and a new canopy over the digital menu board. The fagade color scheme to be updated (grey with orange and pink). Site plan review for new color scheme and new canopies. Relief is requested for number of signs and digital sign. Applicant(s) David R. White, Trustee Area Variance Number AV 44-2023 Owner(s) David R. White, Mary White, Candace White SEQRA Type Type II Agent(s) Hutchins Engineering PLLC & Sunsoval Lot Size 0.83 acres Location & Ward 5 Wild Turkey Lane Ward 1 Zoning WR Tax Id No 239.15-1-4 Section 179-3-040; 179-13-010 Cross Ref SP 72-2023; AV 1-2021; SP 5-2021; AV 37-2002; SP 10-2002; SP 1-92; AV 6-1990 Warren County Planning November 2023 Public Hearing November 15, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes to construct a raised walkway of 124 sq. ft. and a paver access walk of 175 sq. ft. The walkway will be connected to the second -floor addition previously approved. The existing home of 1,575 sq. ft., 431 sq. ft. porch area, 4,096 sq. ft. hard surfacing, and 452 sq. ft. detached garage to remain with no changes. Site Plan for expansion of nonconforming structure. Relief requested for setbacks. Applicant(s) Lauren & Christian Fre er Area Variance Number AV 45-2023 Owner(s) Lauren & Christian Freyer SEQRA Type Type II Agent(s) RU Holmes Engineers PLLC Lot Size 0.37 acres Location & Ward Pulver Road Ward 1 Zoning WR Tax Id No 227.14-1-17 Section 179-3-040; 179-6-065; 179- 6-050; Chapter 94 Cross Ref SP 73-2023; FWW 13-2023 Warren County Planning November 2023 Public Hearing November 15, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes to construct a 2,028 sq. ft. footprint home with a floor area of 3,456 sq. ft. The project includes associated site work for stormwater management and shoreline planting plan. The septic system approved by local BOH is proposed for construction across Pulver Road and connection to adjoining property by the same owner. Site Plan for new floor area in a CEA, hard surfacing within 50 ft. of the shoreline, and work within 100 ft. of a wetland. Relief requested for setbacks and permeability. Queensbury Zoning Board of Appeals Agenda Meeting: November 15, 2023 Time: 7:00- 11:00 pm Queensbury Activities Center— 742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Charles & Ethel Weeks Area Variance Number AV 46-2023 Owner(s) Charles & Ethel Weeks SEQRA Type Type II Agent(s) n/a Lot Size 6.34 acres Location & Ward 70 Pickle Hill Rd. Ward 1 Zoning RR-3A Tax Id No 265.-1-23.3 Section 179-5-020 Cross Ref SP 74-2023 Warren County Planning November 2023 Public Hearing November 15, 2023 Adirondack Park Agency ALD Proiect Description: Applicant proposes to construct a second garage of 840 sq. ft. The garage will have 3 bays and upstairs storage. The existing 4,120 sq. ft. main home and 1,371 sq. ft. extended porch area to remain with no changes. An existing 200 sq. ft. pole barn to be removed, no other site changes. Relief requested for second garage. 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\November 15, 2023\ZBA Final Agenda November 15, 2023.docx 2024 MEETING DATE INFORMATION PLANNING BOARD & ZONING BOARD OF APPEALS Planning Board Meeting Dates Zoning Board Meeting Dates January 1/16/2024 1/23/2024 1/17/2024 1/24/2024 February 2/20/2024 2/27/2024 2/21/2024 2/28/2024 March* 3/19/2024 3/26/2024 3/20/2024 3/27/2024 April* 4/16/2024 4/23/2024 4/17/2024 4/24/2024 May* 5/14/2024 5/16/2024 5/15/2024 5/22/2024 June* 6/18/2024 6/25/2024 6/19/2024 6/26/2024 July 7/16/2024 7/23/2024 7/17/2024 7/24/2024 August 8/20/2024 8/27/2024 8/21/2024 8/28/2024 September - 9/17/2024 9/24/2024 9/18/2024 9/25/2024 October 10/15/2024 10/22/2024 10/16/2024 10/23/2024 November 11/19/2024 11/21/2024 11/20/2024 December 12/17/2024 12/19/2024 12/18/2024 *NOTE: A potential third meeting date has been added for the following months: MARCH: 3/28/2024 APRIL: 4/25/2024 MAY: 5/23/2024 JUNE: 6/22/2024 Ln N M t0 i6 V) ri M N * H W Ln i LL 1-4 N M O ri i- ri ch N -i M L Q M u 0 � r-i 00 Ln ri rn N O 1�1 d". ri N 00 N N ro 1O ro 1-4 O N N if) N m l0 L LL ri ri N Cj' ri ri 00 ri tf1 N � ri IH co Bra M � Nil O r-I W Ln N M ri N N ^ ri N N to to eMi NO N Ln 0�1 L LL N H 'i Q m O � Q e O N (n O M O ri W to ri N N M N N ri -41 N 00 N C) rM-I N (n III N Ol t0 L LL ri ri N 00 u'1 ri -i N O M O C` M � f0 O :3 H ri M O ei: 00 LQ' N Ol ei� N N ri N N N N N ri N m ri 00 to N Ol tL ri N N n -O r�-I N Q1 l0 N E rmi C Ln CN-I LO Z F3- 0 d' c-i. 00 to r r-i N M CD rrl N to fu N m Oa rN-1 N M N 01 lD M O L LL cI N M 1-1 00 Ln N m a+ IA ba j ri O rNi r�-I N Ln ri 00 Ln N @ to d' ri r-i 00 c-i in N M Oq L U- -1 N m -C � N d1 N O M fN c-i 00 N � N co N O lD m o N to ci N N N Ol tD M L ri N LL ri m Ln N m L .G d � t.0 rmi W F O Ln rN-1 :cokD y-1 N 001 Ln ri t/'1 (n ^ ri N N tD L LL ri N N L SLn r4 N ai V v 0 :3 H M O ri d N ri M O Nm ri N M (n ri 00 Ln ri N N M N ^ co to r-i N t0 M O it L LL 'A (14 N y d L � Ln N ri 0) ri 1.0 N .G E d y +: c1 c-i 41 Q. iN 3 m O O N 14 N m fn r-1 00 Ln ri N N 01 N '-1 W Ln N N r ri co L LL ri N N F ri N N H Ln 3 > O M O� N r^-I N Ol tD N OM N OM Ln 11 N ri W Ln N m U- ri N N -C H N rH N N i io 0) t0 m all =5 I- Ln ci 0 d' rr-i 00 N N M O N M W H Q F- M H 2 m 0_ 66 LLJ J Q W 0 'If h, Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Resolution to Approve/Deny Zoning Board of Appeals Schedule of Meeting Dates for the Calendar Year 2024 ZBA Meeting Date: Wednesday, November 15, 2023 MOTION TO APPROVE/DENY THE ZONING BOARD OF APPEALS SCHEDULE O MEETING DATES FOR THE YEAR 2024, Introduced by who moved for its adoption, seconded by Duly adopted this 15t' day of November 2023, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 6-2023 Project Applicant: Northstar Donut Group Project Location: 713 Glen Street Parcel History:SP 68-2023; AV 42-2003; SP 10-2003; AV 98-2002 SEQR Type: Unlisted Meeting Date: November 15, 2023 Description of Proposed Project: Applicant proposes to alter the existing signage and modify the building canopies for the existing building and site. The existing building of 2,358.5 sq. ft. is to remain. There is an existing wall sign to be replaced with a 22.3 sq. ft. wall sign with the word "Dunkin"' on north elevation; the freestanding sign is to be refurbished to 32 sq. ft. sign with wording "Dunkin Drive Thru"; directional signage of 2.79 sq. ft. at each access point for entering and exiting (2 signs total); a 2.68 sq. ft. height check arm sign "Drive Thru"; and the menu board to be replaced with a 19.98 sq. ft. digital board as an additional freestanding sign. Project includes the placement of sloped canopies to flat canopies over the entrance and drive thru window and a new canopy over the digital menu board. The fagade color scheme to be updated (grey with orange and pink). Site plan review for new color scheme and new canopies. Relief is requested for number of signs and digital sign. Relief Required: The applicant requests relief for the number of signs and digital sign. The project is located at 713 Glen Street on a 0.48 ac parcel in the Commercial Intensive zoning district. Section 140- signs free standing and digital The applicant proposes three freestanding signs and one of the signs is digital where the number of freestanding is limited to one and digital is not an allowed sign. Criteria for considering a Sign Variance according to Chapter 140 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this sign variance. Minimal to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be considered to reduce the number of signs requested. 3. Whether the requested sign variance is substantial. The relief requested may be considered moderate relevant to the code. Relief is requested to have 3 freestanding where only one is allowed. Relief also requested for a digital menu sign where none are allowed. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may have minimal to no impact on the environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• The project is for an existing Dunkin Store for fagade changes that include a new color scheme, changing the existing sloped canopies to flat canopies and new signage. The color scheme includes grey, pink and orange. The new signage removes the word donut from the signs. There is a new wall sign, directional signs and free- standing signs. The intent is to modernize the drive-thru with a digital sign board and height detection arm that has signage also. The plans show the existing and proposed signage — the applicant has indicated the Poyant sign package are the signs to be installed. Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7�u�t of tZcc»sbury Sign Variance Resolution To: Approve/ Disapprove Applicant Name: Northstar Donut Group File Number: SV 6-2023 Location: 713 Glen St. Tax Map Number: 302.6-1-10 ZBA Meeting Date: November 15, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Northstar Donut Group. Applicant proposes to alter the existing signage and modify the building canopies for the existing building and site. The existing building of 2,358.5'sq. ft. is to remain. There is an existing wall sign to be replaced with a 22.3 sq. ft. wall sign with the word "Dunkin"' on north elevation; the freestanding sign is to be refurbished to 32 sq. ft. sign with wording "Dunkin Drive Thru"; directional signage of 2.79 sq. ft. at each access point for entering and exiting (2 signs total); a 2.68 sq. ft. height check arm sign "Drive Thru"; and the menu board to be replaced with a 19.98 sq. ft. digital board as an additional freestanding sign. Project includes the placement of sloped canopies to flat canopies over the entrance and drive thru window and a new canopy over the digital menu board. The fagade color scheme to be updated (grey with orange and pink). Site plan review for new color scheme and new canopies. Relief is requested for number of signs and digital sign. Relief Required: The applicant requests relief for the number of signs and digital sign. The project is located at 713 Glen Street on a 0.48 ac,parcel in the Commercial Intensive zoning district. Section 140- signs free standing and digital The applicant proposes three freestanding signs and one of the signs is digital where the number of freestanding is limited to one and digital is not an allowed sign. SEQR Type: Unlisted [Resolution / Action Required for SEQR] Motion regarding Sign Variance No. 6-2023. Applicant Name: Northstar Donut Group based upon the information and the analysis of the above supporting documentation provided by the applicant, this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 15th Day of November 2023, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, November 15, 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. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6, In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by (denial) the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the following A through E): A. The variance approval is valid for one (1) year from the date of approval; you may request an extension of approval before the one (1) year time frame expires; B. If the property is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA's review is completed; C. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & codes personnel' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency, Lake George Park Commission or other State agency or department. Based on the above findings I make a MOTION TO APPROVE / DENY Sign Variance 6-2023, Northstar Donut Group, Introduced by , who moved for its adoption, seconded by Duly adopted this 15t' Day of November 2023, by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 44-2023 Project Applicant: David R. White, Trustee Project Location: 5 Wild Turkey Lane Parcel History: SP 72-2023; AV 1-2021; SP 5-2021; AV 37-2002; SP 10-2002; SP 1-92; AV 6-1990 SEQR Type: Type II Meeting Date: November 15, 2023 Description of Proposed Project: Applicant proposes to construct a raised walkway of 124 sq. ft. and a paver access walk of 175 sq. ft. The walkway will be connected to the second -floor addition previously approved. The existing home of 1,575 sq. ft., 431 sq. ft. porch area, 4,096 sq. ft. hard surfacing, and 452 sq. ft. detached garage to remain with no changes. Site Plan for expansion of nonconforming structure. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of a raised walkway. The project is located at 5 Wild Turkey Lane on a 0.83 ac parcel in the Waterfront Residential zone. Section 179-3-040 dimensional The new raised walkway is to be 62.2 ft from the shoreline where a 75 ft setback is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives seem limited due to the location of the home and configuration of the location of the proposed walkway. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal relevant to the code. Relief is requested for setback of 12.8 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impacts on the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments• The applicant proposes to construct the raised walkway to be installed in proximity of the previously approved addition and the driveway area. The plans show the location of the raised walkway and elevation. There are no other site changes proposed. w :w Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Town of Queensbary Area Variance Resolution To: Approve / Disapprove Applicant Name: David R. White, Trustee File Number: AV 44-2023 Location: 5 Wild Turkey Lane Tax Map Number: 239.15-1-4 ZBA Meeting Date: November 15, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from David R. White. Applicant proposes to construct a raised walkway of 124 sq. ft. and a paver access walk of 175 sq. ft. The walkway will be connected to the second -floor addition previously approved. The existing home of 1,575 sq. ft., 431 sq. ft. porch area, 4,096 sq. ft. hard surfacing, and 452 sq. ft. detached garage to remain with no changes. Site Plan for expansion of nonconforming structure. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for the construction of a raised walkway. The project is located at 5 Wild Turkey Lane on a 0.83 ac parcel in the Waterfront Residential 'zone. Section 179-3-040 dimensional The new raised walkway is to be 62.2 ft. from the shoreline where a 75 ft. setback is required. SEQR Type II — no further review required; A public hearing was advertised and held on November 15, 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 undesirablechange 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. NO.44-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 15t' Day of November 2023 by the following vote: AYES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 45-2023 Project Applicant: Lauren & Christian Freyer Project Location: Pulver Road Parcel History: SP 73-2023; FWW 13-2023 SEQR Type: Type II Meeting Date: November 15, 2023 Description of Proposed Project: Applicant proposes to construct a 2,028 sq. ft. footprint home with a floor area of 3,456 sq. ft. The project includes associated site work for stormwater management and shoreline planting plan. The septic system approved by local BOH is proposed for construction across Pulver Road and connection to adjoining properly by the same owner. Site Plan for new floor area in a CEA, hard surfacing within 50 ft. of the shoreline, and work within 100 ft. of a wetland. Relief requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the construction of a new home. The project site is located on Pulver Road across the street from 121 Pilot Knob Road on a 0.37 ac lot in the Waterfront Residential zone. Section 179-3-040 dimensional, Chanter 94 wetlands The applicant proposes a new home that is to be 32 ft from the shoreline where 50 ft is required, 23 ft from the wetland where 50 ft is required, 9 ft to the west property line where 20 ft is required. Then the permeability is to be 73.4 % where 75% is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to the shape of the lot and location of constraints shoreline and wetlands. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested side yard setback is 11 ft, from the shoreline is 18 ft and from the wetland is 27 ft. The permeability requested is 1.6%. 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 construct a new home with associated site work. The home is two-story with an attached garage. The site work includes shoreline landscaping, stormwater and the driveway area. The septic is to be installed on adjacent parcel where the septic has been approved by the local board of health. �w Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 limn of Queensbur} Area Variance Resolution To: Approve / Disapprove Applicant Name: Lauren & Christian Freyer File Number: AV 45-2023 Location: Pulver Road Tax Map Number: 227.14-1-17 ZBA Meeting Date: November 15, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Lauren & Christian Freyer. Applicant proposes to construct a 2,028 sq. ft. footprint home with a floor area of 3,456 sq. ft. The project includes associated site work for stormwater management and shoreline planting plan. The septic system approved by local BOH is proposed for construction across Pulver Road and connection to adjoining property by the same owner. Site Plan for new floor area in a CEA, hard surfacing within 50 ft. of the shoreline, and work within 100 ft. of a wetland. Relief requested for setbacks and permeability. Relief Required: The applicant requests relief for setbacks and permeability for the construction of a new home. The project site is located on Pulver Road across the street from 121 Pilot Knob Road on a 0.37 ac lot in the Waterfront Residential zone. Section 179-3-040 dimensional, Chapter 94 wetlands The applicant proposes a new home that is to be 32 ft from the shoreline where 50 ft is required, 23 ft from the wetland where 50 ft is required, 9 ft to the west property line where 20 ft is required. Then the permeability is to be 73.4 % where 75% is required. SEQR Type II — no further review required; A public hearing was advertised and held on November 15, 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 TBE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO.45-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 15" Day of November 2023 by the following vote: . AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 46-2023 Project Applicant: Charles & Ethel Weeks Project Location: Parcel History: SEQR Type: Meeting Date: 70 Pickle Hill Road SP 74-2023 Type II November 15, 2023 Description of Proposed Project: Applicant proposes to construct a second garage of 840 sq. ft. The garage will have 3 bays and upstairs storage. The existing 4,120 sq. ft. main home and 1,371 sq. ft. extended porch area to remain with no changes. An existing 200 sq. ft. pole barn to be removed, no other site changes. Relief requested for second garage. Relief Required: The applicant requests relief for a second garage. The project is located at 70 Pickle Hill Road on a 6.335 ac parcel in the Rural Residential three -acre zone. Section 179-5-020 garage The applicant proposes a second garage where only one garage is allowed. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be limited due to orientation of the existing home, the location of the existing garage and the proposed location of the new garage. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The relief requested is for a second garage. 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 to be self-created. Staff comments: The applicant proposes a second garage to assist storage of equipment for maintenance of the lot. The plans show the location of the new garage and the construction of the garage. The applicant was granted a survey waiver with no additional information required. ° Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7bwn of Qucensbury Area Variance Resolution To: Approve / Disapprove Applicant Name: Charles & Ethel Weeks File Number: AV 46-2023 Location: 70 Pickle Hill Rd. Tax Map Number: 265.-1-23.3 ZBA Meeting Date: November 15, 2023 The Zoning Board of Appeals of the Town of Queensbury has received an application from Charles & Ethel Weeks. Applicant proposes to construct a second garage of 840 sq. ft. The garage will have 3 bays and upstairs storage. The existing 4,120 sq. ft. main home and 1,371 sq. ft. extended porch area to remain with no changes. An existing 200 sq. ft. pole barn to be removed, no other site changes. Relief requested for second garage. Relief Required: The applicant requests relief for a second garage. The project is located at 70 Pickle Hill Road on a 6.335 ac parcel in the Rural Residential three -acre zone. Section 179-5-020 garage The applicant proposes a second garage where only one garage is allowed. SEQR Type II — no further review required; A public hearing was advertised and held on November ,15, 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 beet 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.46-2023, Introduced by , who moved for its adoption, seconded by Duly adopted this 15" Day of November 2023 by the following vote: AYES: NOES: