11-15-2023 (Queensbury ZBA Meeting 11/15/2023)
QUEENSBURYZONINGBOARD OFAPPEATS
FIRSTREGUTAR MEETING
NOVEMBER ISTF;2023
INDEX
Approval of Meeting Date Calendar for 2024 1.
Area Variance No.45-2023 Lauren&Christian Freyer (Cont'd Pg.12.) 1.
Tax Map No.227.14-1-17
Sign Variance No. 6-2023 Northstar Donut Group 2.
Tax Map No. 302.6-1-10
Area Variance No.44=2023 David R.White, Trustee 6.
Tax Map No.239.15-1-4
Area Variance No.46-2023 Charles&Ethel Weeks 9.
Tax Map No.265.-1-23.3
Approval of Officers for 2024 12.
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.
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(Queensbury ZBA Meeting 11/15/2023)
QUEENSBURY ZONING BOARD OF APPEALS
FIRST REGULAR MEETING
NOVEMBER 15TK,2023
7.00 P.M.
MEMBERS PRESENT
MICHAEL MC CABE,CHAIRMAN
JAMES UNDERWOOD,VICE CHAIRMAN
ROY URRICO,SECRETARY
RICHARD CIPPERLY
JOHN HENKEL
RONALD KUHL
ROBERT KEENAN
LAND USE PLANNER-LAURA MOORE
STENOGRAPHER-KAREN DWYRE
MR. MC CABE- So good evening. I'd like to open tonight's meeting of the Queensbury Zoning Board of
Appeals, Wednesday, November 15`h, 2023. If you haven't been here before, our procedure is simple.
There should be an agenda on the back table. We'll call each case up,read the case into our record, allow
the applicant to present the case. If a public hearing has been advertised, then we'll open the public
hearing,accept input from the public,we'll close the public hearing,we'll poll the Board,see how they feel
on the application, and then proceed accordingly,but first we have a couple of administrative items. So,
John,I wonder if you could make a motion on the minutes.
APPROVAL OF MINUTES
October 1S`h,2023
MOTION TO APPROVE THE QUEENSBURY ZONING BOARD OF APPEALS MEETING
MINUTES OF OCTOBER 18TK,2023,Introduced by John Henkel who moved for its adoption,seconded
by Ronald Kuhl:
Duly adopted this 15`h day of November,2023,by the following vote:
AYES: Mr. Keenan,Mr. Kuhl,Mr.Henkel,Mr. Urrico,Mr. Underwood,Mr. McCabe
NOES: NONE
ABSTAINED: Mr. Cipperly
ADMINISTRATIVE ITEM:
REVIEW AND APPROVAL OF MEETING DATES CALENDAR FOR 2024
MOTION TO APPROVE THE ZONING BOARD OF APPEALS SCHEDULE OF MEETING DATES
FOR THE YEAR 2024, Introduced by John Henkel who moved for its adoption, seconded by Michael
McCabe
Duly adopted this 15th day of November 2023, by the following vote:
AYES: Mr.Kuhl,Mr. Keenan,Mr. Underwood,Mr. Cipperly,Mr. Henkel,Mr. Urrico,Mr. McCabe
NOES: NONE
AREA VARIANCE NO. 45-2023 SEQRA TYPE TYPE 11 LAUREN &z CHRISTIAN FREYER
AGENT(S) MR.URRICO- HOLMES ENGINEERS PLLC OWNER(S) LAUREN&z CHRISTIAN
FREYER ZONING WR LOCATION PULVER ROAD APPLICANT PROPOSES TO
CONSTRUCT A 2,028 SQ. FT. FOOTPRINT HOME WITH A FLOOR REA 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. CROSS REF
SP 73-2032;FWW 13-2023 WARREN COUNTY PLANNING NOVEMBER 2023 ADIRONDACK
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PARK AGENCY ALD LOT SIZE 0.37 ACRES TAX MAP NO. 227.14-1-7 SECTION 179-3-040;
179-6-065;179-6-050;CHAPTER 94
The Zoning Board of Appeals of the Town of Queensbury has received an application from Lauren &z
Christian Freyer. Applicant proposes to construct a 2,02E 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.
MOTION TO TABLE AREA VARIANCE NO. 45-2023 LAUREN &z CHRISTIAN FREYER,
Introduced by John Henkel who moved for its adoption,seconded by Robert Keenan:
Tabled to January 17,2024 with any new information due by December 15,2023.
Duly adopted this 15th Day of November,2023,by the following vote:
AYES: Mr. Urrico, Mr. Henkel,Mr. Cipperly,Mr. Kuhl,Mr. Underwood, Mr. Keenan,Mr. McCabe
NOES: NONE
MR. MC CABE-So our first application is SV 6-2023,Northstar Donut Group.
NEW BUSINESS:
SIGN VARIANCE NO. 6-2023 SEQRA TYPE UNLISTED NORTHSTAR DONUT GROUP
AGENT(S) JON C. LAPPER,ESQ. OWNER(S) CEDAR HOLDINGS ASSOCIATES ZONING
Cl LOCATION 713 GLEN ST. 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 THE
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 1998 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 FACADE 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. CROSS REF SP 68-2023;AV 42-
2003; SP 10-2003; AV 98-2002 WARREN COUNTY PLANNING NOVEMBER 2023 LOT SIZE
0.44 ACRES. TAX MAP NO.302.6-1-10 SECTION 140
JON LAPPER, REPRESENTING APPLICANT,PRESENT
STAFF INPUT
Notes from Staff, Sign Variance No. 6-2023, Northstar Donut Group, Meeting Date: November 15, 2023
"Project Location: 713 Glen St. 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 2,355.5 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 2.65 sq.ft.height check arm sign"Drive Thru";and the menu board to be replaced with a
19.9E 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 facade 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 0.4 S 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.
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(Queensbury ZBA Meeting 11/15/2023)
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 (signs) 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 facade 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."
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 adopted
unanimously November 14`h,2023.
MR. MC CABE-Good evening,Jon.
MR. ZAPPER-Good evening, everyone. For the record,Jon Lapper. Sothis is very similar to what you
approved a few months ago for the Dunkin Donuts on Main Street and it's an updating of the Dunkin
Donuts store. These Sign Variances are really very minimal. The digital sign is not visible off site. It's
just a menu. It's not a gas station big sign. It's just what's there now with the menu board,but it makes
it more convenient for them to be able to change the menu items electronically,but again,it isn't visible off
site. It's really for when you're in your car. Laura's correct about three freestanding signs,but only one is
atypical pylon sign advertising,it's changing from Dunkin Donuts to Dunkin. The third is just the height
bar that says Clearance to avoid what you see in the news where trucks go under the railroad bridge when
you're going to get your coffee. All the other upgrades that aren't Zoning Board issues,just Site Plan issues,
changing the color of the building,modernizing it,getting rid of the ugly vinyl canopies,having cantilever
metal canopies,just an improvement to what's there now,but for these three signs,it's not like we're asking
for three sign panels. It's not. It's the menu board. It's the one sign that's there now getting changed and
just the bar that says what the clearance height is. So it's pretty straightforward.
MR. MC CABE-Do we have questions of the applicant?
MR.HENKEL-I've got a question. Almost like what we've dealt with on Main Street there. Does it have
to have the Queensbury? Is that taken off?
MR. ZAPPER-I'm sorry. I should have started with that. Yes. You guys made it clear last time. So that
was in the original,but we did not request that. It wasn't any subtly with the Board. So we went back
to the applicant and said we're not going to ask for that this time. That is not being requested.
MR.HENKEL-Great. Thank you.
MR. MC CABE-Other questions? So a public hearing has been advertised. So at this particular time I'm
going to open the public hearing and see if there's anybody out there who has anything to add or
suggestions to make about this particular project? Roy,do we have anything written?
PUBLIC HEARING OPENED
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MR. URRICO-No.
MR. MC CABE-At this time I'm going to close the public hearing.
PUBLIC HEARING CLOSED
MR. MC CABE-I'll poll the Board, and I'm going to start with Roy.
MR. URRICO-I have no objections to the project.
MR. MC CABE-Bob?
MR.KEENAN-This is similar to the other. I have no issue with it.
MR. MC CABE-Dick?
MR. CIPPERLY-I'm fine with it,too. It has similarity to what was done over on Main Street. It's fine.
MR. MC CABE Jim?
MR. UNDERWOOD-For the sake of consistency,it's the same as what we approved on Main Street.
MR. MC CABE John?
MR.HENKEL-I see these Dunkin Donuts re-do their buildings. They look nice. I would be definitely on
Board.
MR. MC CABE-Ron?
MR. KUHL-Thank you, Mr. Chairman. I'd be in favor of this. One question, though. Could I ask Mr.
Lapper a question?
MR. MC CABE-Sure.
MR.KUHL-What is the current percentage drive thru,do you know? I have a friend with a McDonald's.
It used to be like 730/o. I think it's more than that.
MR. ZAPPER-I think after COVID,we have more people drive thru than go in.
MR.KUHL-I'd be in agreement. Thank you,Mr. Chairman.
MR. MC CABE-And so I,too, support the project. We went through quite a bit the last time improving
the Queensbury signs. So,I wonder,Jim,if you'd make a motion for us.
MR.HENKEL-Do you want me to do the SEQRA?
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 NOT RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL
IMPACT. SO WE GIVE IT A NEGATIVE DECLARATION, Introduced by John Henkel who moved
for its adoption,seconded by Ronald Kuhl:
Duly adopted this 15th Day of November 2023,by the following vote:
AYES: Mr. Cipperly,Mr.Keenan,Mr. Underwood,Mr.Kuhl,Mr.Henkel,Mr. Urrico, Mr. McCabe
NOES: NONE
MR. MC CABE-Now,Jim.
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 2,355.5 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 2.65 sq. ft. height check arm sign"Drive
Thru"; and the menu board to be replaced with a 19.9E sq. ft. digital board as an additional freestanding
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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 facade 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 0.4 S 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 not result in any significant adverse environmental impact. So we give
it a Negative Declaration, Introduced by John Henkel who moved for its adoption, seconded by
Ronald Kuhl:
Duly adopted this 15th Day of November 2023,by the following vote:
AYES: Mr. Cipperly,Mr.Keenan,Mr. Underwood,Mr.Kuhl,Mr.Henkel,Mr. Urrico, Mr. McCabe
NOES: NONE
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-OSO(A)of the Queensbury Town Code and Chapter
267 of NYS Town Law and after discussion and deliberation,we find as follows:
1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to
the nearby properties be created by the granting of the requested sign variance? No.
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
pursue,other than a sign variance? The applicant has made a strong case previously on its project on
Main Street and they've adopted that as the model. That's the one we're approving here this evening.
3. Is the requested sign variance substantial? It could be substantial, but it's the same as what we
approved previously and the Board agreed that it's reasonable.
4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions
in the neighborhood or district? No.
5. Is the alleged difficulty self-created? It is,yes,but it's simply an upgrade of most of the signs that have
previously existed on site.
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:
Adherence to the items outlined in the follow-up letter sent with this resolution.
(ZBA Board Member does Dot Deed to read the followingA through F):
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'
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(Queensbury ZBA Meeting 11/15/2023)
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 SIGN VARIANCE 6-2023,
NORTHSTAR DONUT GROUP, Introduced by James Underwood, who moved for its adoption,
seconded by Richard Cipperly:
Duly adopted this 15th Day of November 2023,by the following vote:
AYES: Mr.Kuhl,Mr.Henkel,Mr. Keenan,Mr. Underwood,Mr. Cipperly,Mr. Urrico, Mr. McCabe
NOES: NONE
MR. MC CABE-Congratulations.
MR. ZAPPER-Thank you,everybody, and good night.
MR. MC CABE-So our next application is AV 44-2023,David R.White,5 Wild Turkey Lane.
AREA VARIANCE NO.44-2023 SEQR TYPE TYPE 11 DAVID R.WHITE,TRUSTEE AGENT(S)
HUTCHINS ENGINEERING PLLC &z SUNSOVAL OWNER(S) DAVID R. WHITE, MARY
WHITE,CANDACE WHITE ZONING WR LOCATION 5 WILD TURKEY LANE 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. 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 ADIRONDACK PARK AGENCY ALD LOT SIZE 0.83 ACRES TAX MAP
NO.239.15-1-4 SECTION 179-3-040;179-13-010
TOM HUTCHINS, REPRESENTING APPLICANT,PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 44-2023, David R. White, Trustee, Meeting Date: November 2023
"Location: 5 Wild Turkey Lane 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.S3 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.
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(Queensbury ZBA Meeting 11/15/2023)
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."
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 motion was approved
on November 14`h,2023,by a unanimous vote.
MR.HUTCHINS-Good evening,Board. Tom Hutchins,Hutchins Engineers,Queensbury. Hereon behalf
of David and Mary Carol, Candice White. David and Mary Carol are the parents and Candice is an adult
daughter who are co-owners. We were here, you may recall, in early 2021 requesting relief to build an
addition on this portion of the house which you folks approved. It has been completed. This is a little bit
of a unique parcel in that the driveway,the parking area up here is about 13 feet above the main floor of the
building. So there is a set of stone steps that are right here that are very nice natural stone steps. However,
they're somewhat irregular and they can be difficult to manage and what the owners are proposing is to
construct a walkway from the second floor of the building on a level elevation,25 feet in length,back to tie
into the hillside and a small paver walkway that'll take them up to the driveway for easier access to the
second floor which is sort of the main floor of the residence. This is in the area, about a mile and a half to
two mile shoreline length within the Town that has a 75 foot shoreline setback in the Dark Bay area. This
walkway will be some 62 feet from the shoreline and that's the variance we're requesting in addition to it's
obviously the non-conforming structure and there's a slight modification. It won't be visible from the lake.
It won't be visible from the main road. It'll be visible from their driveway. As part of the last application,
the White's did an extensive wastewater system replacement and it was a challenging wastewater
replacement system and they have a new somewhat enhanced treatment system. They also, as a result of
that project, a couple of thousand square feet of their driveway basically got trashed, and they replaced
that parking area with permeable pavers which was not something that was in their prior application but
they just did that because they thought it was a good thing to do. So there is no lawn on this property.
It's landscaped naturally and this project is going to have a very minimal impact on the property. So with
that we would request your support for these variances. I'll answer any of your questions.
MR. MC CABE-Do you have any questions of the applicant?
MR.HENKEL-I do. Is this a year round residence? Do they use it year round?
MR.HUTCHINS-They don't reside there year round,but it is year round capable. Yes.
MR.HENKEL-Okay. That would be my problem with this. I would think that that should be covered. I
mean that could get quite icy, being elevated. Anything elevated is going to ice up pretty easily. Why
isn't covered?
MR.HUTCHINS-It gets minimal use in the winter and it's similar to a deck.
MR. HENKEL-But this is worse when it's elevated that high. You're going to get a lot colder air
underneath it to freeze that.
MR.HUTCHINS-It's level.
MR. HENKEL-But you're also using it as an entrance. So that's why I thought it would be a good idea to
cover it.
MR.HUTCHINS-I'll mention that.
MR.HENKEL-I'll approve it as a covered.
MR.KUHL-Are you changing?
MR.HENKEL-I'm helping him out.
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(Queensbury ZBA Meeting 11/15/2023)
MR.HUTCHINS-Well,good to know.
MR. MC CABE-Other questions of the applicant?
MR. KUHL-Well why don't you suggest radiant heat? I'll tell you very honestly, Tom, if I may, Mr.
Chairman. I was surprised that it wasn't covered,but as you say,they don't use it. I mean I'm good the
way it is,okay,but I just looked at it,I said,wow,but I guess they also have the alternative to go down the
steps and go in the regular door. Mr. Chairman,I have no problem.
MR.HENKEL-Why don't we table this and you can go back and ask them.
MR.HUTCHINS-No,no. We're sticking with our application as presented.
MR. MC CABE-Other questions of the applicants? So a public hearing has been advertised. So at this
particular time I'm going to open the public hearing and see if there's anybody out there that would like to
comment on this particular project. Roy, anything written?
PUBLIC HEARING OPENED
MR. URRICO-No.
MR. MC CABE-So I'm going to close the public hearing.
PUBLIC HEARING CLOSED
MR. MC CABE-I'm going to poll the Board, and I'm going to start with Jim.
MR.UNDERWOOD-It's a reasonable asking to put this on the backside of the property. It's not going to
have any impacts on the lake and I think it will enhance the property.
MR. MC CABE John?
MR.HENKEL-I think for safety reasons there's no doubt it's a good project. So I'm on board as is. I'd like
to see it covered.
MR. MC CABE-Ron?
MR.KUHL-No,I have no problem with this. I think it's a good addition.
MR. MC CABE-Roy?
MR. URRICO-I'm in favor of the application.
MR. MC CABE-Bob?
MR.KEENAN-I'd be in favor of it.
MR. MC CABE-Dick?
MR. CIPPERLY-Great emergency access. I think it's terrific.
MR. MC CABE-And I, too, support the project. What is being asked of us is very minimal and if that's
what makes the applicant happy then. So given that,Ron,I wonder if you could make a motion.
MR.KUHL-Thank you,Mr. Chairman. It would be my pleasure.
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.S3 ac parcel in the Waterfront Residential zone.
Section 179-3-040 dimensional
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(Queensbury ZBA Meeting 11/15/2023)
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-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 kind of blends into the overall area.
2. Feasible alternatives have been considered by the Board. They're reasonable and have been
included to minimize the request.
3. The requested variance is not substantial. It's a good adjunct for the inclement bad weather.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood
or district.
5. Although we could suggest that 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.
44-2023 DAVID R. WHITE, TRUSTEE, Introduced by Ronald Kuhl, who moved for its adoption,
seconded by John Henkel:
Duly adopted this 15th Day of November 2023 by the following vote:
AYES: Mr. Urrico, Mr. Cipperly,Mr. Underwood,Mr. Kuhl,Mr.Henkel,Mr. Keenan,Mr. McCabe
NOES: NONE
MR.HUTCHINS-Thankyou.
MR. MC CABE-Congratulations,you have a project. So our next application is AV 46-2023, Charles &
Ethel Weeks,70 Pickle Hill Road.
AREA VARIANCE NO. 46-2023 SEQRA TYPE TYPE 11 CHARLES &z ETHEL WEEKS
OWNER(S) CHARLES&z ETHEL WEEKS ZONING RR-3A LOCATION 70 PICKLE HILL RD.
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. CROSS REF SP 74-2023 WARREN COUNTY PLANNING
NOVEMBER 2023 ADIRONDACK PARK AGENCY ALD LOT SIZE 6.34 ACRES TAX MAP
NO.265.-1-23.3 SECTION 179-5-020
CHARLESÐEL WEEKS,PRESENT
STAFF INPUT
Notes from Staff,Area Variance No. 46-2023, Charles&Ethel Weeks, Meeting Date: November 15,2023
"Project Location: 70 Pickle Hill Rd. Description of Proposed Project: Applicant proposes to construct
a second garage of S40 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:
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(Queensbury ZBA Meeting 11/15/2023)
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 maybe considered to have
minimal to no impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty maybe considered to be self-created.
Staff comments:
The applicant proposes 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."
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
November 14`h,2023.
MR. WEEKS-Good evening. Charles and Ethel Weeks,70 Pickle Hill Road. We have a pole barn that's
decrepit,built 20 years ago. So it's a matter of fixing it or replacing it,and I don't think it's worth repairing.
It's for the simple storage of property maintenance equipment,a chipper and a lawnmower,a snowblower,
that sort of thing. There's no power. It's going to sit on a gravel floor. No impact to the neighborhood.
I can't see my neighbors. I don't think they can see me. There's no lights. So I don't have any sign
pollution.
MR. MC CABE-Pretty straightforward. Do we have questions of the applicant?
MR.KUHL-The rendering you have here doesn't have garage doors.
MR.WEEKS-I don't have garage doors on the pole barn. It seems to give the equipment all the shelter it
needs.
MR.KUHL-It's fine. It looks like it's far enough from the main residence.
MR.WEEKS-It is.
MR. MC CABE-Other questions? So a public hearing has been advertised. So at this particular time I'm
going to open the public hearing and see if there's anybody out there with comment on this particular
project. Is there anything written, Roy?
PUBLIC HEARING OPENED
MR. URRICO-Nothing written.
MR. MC CABE-So at this particular time I'm going to close the public hearing.
PUBLIC HEARING CLOSED
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(Queensbury ZBA Meeting 11/15/2023)
MR. MC CABE-I'm going to poll the Board, and I'm going to start with Ron.
MR. KUHL-Thank you, Mr. Chairman. I think this is a good project,with six plus acres. I could see it,
and an old decrepit barn. It's probably much easier just to burn the old barn and build a new one, and as
the applicant said there'll be no water or electricity in there. So it's a storage building. I'm in favor.
MR. MC CABE-Roy?
MR. URRICO-I know technically need a variance for this, but this size property can absorb a second
garage, and it's not really a garage. It's a storage facility. So I would be in favor of it.
MR. MC CABE-Bob?
MR.KEENAN-Yes,I'll agree with Roy. It's a good project for this parcel and I don't have any issues with
it.
MR. MC CABE-Dick?
MR. CIPPERLY-It's a good project in a good spot.
MR. MC CABE Jim?
MR. UNDERWOOD-It's a six plus acre lot. It's way in the back 40. No one's even going to know it's
there.
MR. MC CABE John?
MR.HENKEL-I'll approve it,yes.
MR. MC CABE-And I, too,have no problem with the second garage. Certainly the size of the property
and the remoteness of it warrants a second garage. So with that in mind, Dick, I wonder if you could
configure us a motion here.
The Zoning Board of Appeals of the Town of Queensbury has received an application from Charles &z
Ethel Weeks. Applicant proposes to construct a second garage of S40 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-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. It's basically unseen from the neighborhood or nearby properties.
2. Feasible alternatives have been considered by the Board and are not reasonable to rehab the
existing garage.
3. The requested variance is not substantial because it's actually almost in the middle of a six-acre
parcel.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood
or district.
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(Queensbury ZBA Meeting 11/15/2023)
5. The alleged difficulty is probably self-created just because they want to replace the existing pole
barn.
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.
46-2023 CHARLES &z ETHEL WEEKS,Introduced by Richard Cipperly, who moved for its adoption,
seconded by James Underwood:
Duly adopted this 15th Day of November 2023 by the following vote:
AYES: Mr.Kuhl,Mr. Cipperly,Mr.Henkel,Mr. Urrico, Mr. Keenan,Mr. Underwood, Mr. McCabe
NOES: NONE
AREA VARIANCE NO.45-2023 LAUREN&z CHRISTIAN FREYER(CONT'D)
MR. MC CABE-Congratulations,you have a project. So although we tabled AV 45-2023, we did have a
public hearing advertised. So at this particular time I'd like to open the public hearing for the project on
Pulver Road.
PUBLIC HEARING OPENED
MR. MC CABE-And I'm just going to leave it open. So we have some other business to attend to this
evening. And so,I'm going to make a motion.
RESOLUTION TO APPOINT OFFICERS FOR THE YEAR 2024
MOTION TO APPOINT (ROY URRICO) FOR SECRETARY OF THE QUEENSBURY ZONING
BOARD OF APPEALS FOR THE YEAR 2024, Introduced by Michael McCabe who moved for its
adoption,seconded by John Henkel:
Duly adopted this 15`h Day of November 2023, by the following vote:
AYES: Mr. Underwood, Mr. Keenan,Mr.Kuhl,Mr. Cipperly,Mr. Henkel,Mr. McCabe
NOES: NONE
ABSTAINED: Mr. Urrico
MOTION TO APPOINT (JAMES UNDERWOOD) FOR VICE CHAIRMAN OF THE
QUEENSBURY ZONING BOARD OF APPEALS FOR THE YEAR 2024, Introduced by Michael
McCabe who moved for its adoption,seconded by Ronald Kuhl:
Duly adopted this 15' Day of November 2023, by the following vote:
AYES: Mr. Henkel,Mr.Keenan,Mr. Kuhl,Mr. Cipperly,Mr. Urrico,Mr. McCabe
NOES: NONE
ABSTAINED: Mr. Underwood
Resolution To Recommend To Town Board Appointment of ZBA Chairman for Year 2024
MOTION TO APPOINT (MICHAEL MC CABLE) FOR CHAIRMAN OF THE QUEENSBURY
ZONING BOARD OF APPEALS FOR THE YEAR 2024,Introduced by John Henkel who moved for its
adoption,seconded by Ronald Kuhl:
Duly adopted this 15`h Day of November, 2023, by the following vote:
AYES: Mr.Keenan,Mr. Cipperly,Mr. Kuhl,Mr.Henkel,Mr. Urrico, Mr. Underwood
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(Queensbury ZBA Meeting 11/15/2023)
NOES: NONE
ABSTAINED: Mr. McCabe
MRS. MOORE-So I want to introduce Heath Brown, our new Code Compliance Officer. So this is the
entire Board. You met a few of them earlier,but I just wanted to make sure everybody knew who Heath
was.
MR. MC CABE-And he knows who we are. So I'm not going to be here next meeting. So I expect
everybody to give your full attention to Vice Chairman,Jim. And everybody have a good Thanksgiving. I
make a motion that we close this evening's meeting.
MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF
NOVEMBER 15TH,2023,Introduced by Michael McCabe who moved for its adoption,seconded by James
Underwood:
Duly adopted this 15`h day of November,2023,by the following vote:
AYES: Mr. Underwood,Mr. Cipperly,Mr.Henkel,Mr. Urrico,Mr. Keenan,Mr.Kuhl,Mr. McCabe
NOES: NONE
On motion meeting was adjourned.
RESPECTFULLY SUBMITTED,
Michael McCabe,Chairman
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