Loading...
Resolution 7.22.09 Zoning Board of Appeals – Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761 -8238 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) James Underwood, Chairman Roy Urrico, Secretary TO: Debaron Associates PROJECT FOR: Debaron Associates by Debra Schiebel By Debra Scheibel, Partner Dark Bay Lane – Lake George 440 Salisbury Street Holden, MA 01520 The Queensbury Zoning Board of Appeals has reviewed the following request at the below stated meeting and has resolved the following: Area Variance No. 39-2009 Debaron Associates by Debra Schiebel, Partner Meeting Date: Wednesday, July 22, 2009 Approved __X_ MOTION TO APPROVE AREA VARIANCE NO. 39-2009 DEBARON ASSOCIATES BY DEBRA SCHIEBEL, PARTNER, Introduced by James Underwood who moved for its adoption, seconded by Richard Garrand: Dark Bay Lane – Lake George, Lot Number Four. The applicant is proposing construction of a 2,130 square foot single family dwelling and relief is requested from the shoreline setback, the rear yard setback, and the minimum road frontage requirements. Further, relief is requested for the installation of infiltration devices, and that is stormwater control measures within 100 feet of the Lake George shoreline. As far as the relief requested. They’re requesting relief from the 50 foot required road frontage for one principal building. Further, they’re requesting 24.5 feet of shoreline setback relief, and 23.3 feet of rear setback relief per Section 179 -3-040. Additionally, they’re requesting 59.6 feet of relief for an infiltration device located east of the house, and 48 feet of relief for an infiltration device located north of the house from the 100 foot minimum setback requirement for infiltration devices for Major Projects per Section 147 -9. Finally, concerning an eaves trench associated with the 100 square foot storage cabin, the applicant requests 90.5 feet of relief from the 100 foot minimum setback requirement for infiltration devices for Major Projects per Section 147 -9. I think we recognize that those infiltration structures have been well designed and I think that that’s part of the argument that can be made here for this Page 1 of 3 Zoning Board of Appeals – Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761 -8238 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Continued resolution ZBA Meeting: Wed., July 22, 2009 Area Variance No. 39-2009, Debaron Associates lot. Under normal circumstances in the past, places would have gone up on lots like this with no infiltration structures whatsoever. So, by the fact that we’re putting in more, these are all required by law at this point in time, even though it doesn’t meet the 100 foot setbacks, I think it’s still reasonable to assume that these are going to be effective, and that they will be maintained by the property owner. As far as an undesirable change produced in the character of the neighborhood, the dwelling is proposed here. I don’t consider it to be undesirable, although we would all prefer that it just be a green lot like it exists at the present time. The home that’s been proposed here is smaller than just about every other home in that neighborhood up there. It’s set back further from the lake than the other home that’s up there in the immediate area also, and I think that mitigates that to a degree. Staff identified it is moderate impacts to nearby properties, and the potential for visual impacts, but I don’t think from the lake, and I think the lake is the important thing that we should key in here, that it’s that important. If you see it from the road up above, as was mentioned before, this house is going to be down below, you know, the bottom of the house is further up the hill that would be most affected by the project. Whether the benefit could by sought by the applicant in some other method. Yes, you could not build here, but as was mentioned, there’s a dollars and cents effect here, too, in the sense that it was always assumed at some point something would be built on this lot. Otherwise people wouldn’t have paid taxes on it all these years. Whether the requested Area Variance is substantial. Most of the relief that I mentioned before is substantial, and I don’t think that anybody would contest that it is. It’s a small lot, but the house has been well thought out, it’s been set back, it’s been shrunk down from what was originally proposed. The project has greatly changed from what was originally presented to us two years ago, and that includes the septic and everything else, and the Board, I think, in general, the majority of us anyway, feel that that’s reasonable. As far as whether the proposed variance would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, moderate impacts on the physical or environmental conditions. As mentioned by the Water Keeper, any disturbance you do is going to effect the lake. It doesn’t matter what it is. It doesn’t matter how hard you try not to effect the lake, you will affect the lake, but we’re not going to be putting septic into the ground here. We’re on holding tanks, and the infiltrators are, in effect, probably going to work sufficiently to handle it. I would like to put a condition in, though, of a no cut, re-planting zone, and that will exist from in front of that infiltration on the front of the home, all the way to the mean low water mark down on the shoreline. If trees Page 2 of 3 Zoning Board of Appeals – Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761 -8238 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Continued resolution ZBA Meeting: Wed., July 22, 2009 Area Variance No. 39-2009, Debaron Associates come down in a storm situation, I would like to see those trees re -planted and re-established on site. I don’t want to see trimming of branches for a view, and you’re just going to have to accept the fact that your home is going to be like Matthews. You’re not going to see it from the lake. If you want to go down to the lake, you walk down to the shore. Duly adopted this 22nd day of July, 2009, by the following vote: AYES: Mr. Garrand, Mr. Urrico, Mrs. Hunt, Mr. Underwood NOES: Mrs. Jenkin ABSENT: Mr. Clements, Mr. Drellos Sincerely, James Underwood, Chairman Queensbury Zoning Board of Appeals JU/sh cc: McPhillips, Fitzgerald, and Cullum Tom Hutchins – Hutchins Engineering 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 has expired. See section 179 -14-090 Final, approved plans in compliance with this variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & Codes personnel. Subsequent issuance of further permits, including building permits are dependent on receipt. Page 3 of 3 Zoning Board of Appeals – Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761 -8238 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) FOLLOW – UP RESOLUTION July 23, 2009 TO: Debaron Associates PROJECT FOR: Debaron Associates by Debra Schiebel By Debra Scheibel, Partner Dark Bay Lane – Lake George 440 Salisbury Street Holden, MA 01520 Your application, after review and consideration by t he Zoning Board of Appeals, was: _X_ Approved. 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 has expired. See section 179-14-090 A copy of the resolution is attached. Additional requirements and review for this project shall include: Zoning Office _X_ See approval conditions in resolution. _X_ Submit three (3) copies of the approved plan depicting all changes and conditions of the approval as adopted by the Zoning Board of Appeals. Please bring the plans to the Zoning Office for the Zoning Administrator’s signature. These plans will need to be reviewed and approved prior to issuance of a building permit. _X_ Please contact Bruce Frank, Code Compliance Officer at 761 -8226 within 30 days of the ZBA approval date for a site inspection before any work is started. Page 1 of 2 Zoning Board of Appeals – Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761 -8238 Approval of the application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review by the Queensbury Planning Board.) Continued Follow-Up Resolution Letter ZBA Meeting Date: Wed., July 22, 2009 Area Variance No. 39-2009, Debaron Associates Planning Office _X_ Site Plan Review required by the Queensbury Planning Board. Building Department _X_ Application for a Building Permit ____ Application for a Certificate of Occupancy ____ Application for necessary Sign permits, if applicable ____ No further discretionary review is necessary at this time This office will be performing necessary inspections related to Site issues, not Building Code issues, throughout the duration of the project. Completion of and continued compliance with all details and conditions of approval are required in order to receive and maintain approvals. Sincerely, Craig Brown Zoning Administrator CB/sh Encl. cc: McPhillips, Fitzgerald, and Cullum Tom Hutchins – Hutchins Engineering Page 2 of 2