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03-27-2013 (Queensbury ZBA Meeting 03/27/2013) QUEENSBURY ZONING BOARD OF APPEALS SECOND REGULAR MEETING MARCH 27, 2013 INDEX Area Variance No. 61-2012 Steve and Jennifer Kitchen 1. Tax Map No. 226.19-1-39 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 0 (Queensbury ZBA Meeting 03/27/2013) QUEENSBURY ZONING BOARD OF APPEALS SECOND REGULAR MEETING MARCH 27, 2013 7:00 P.M. MEMBERS PRESENT STEVEN JACKOSKI, CHAIRMAN ROY URRICO, SECRETARY JOYCE HUNT RICHARD GARRAND KYLE NOONAN JOHN HENKEL,ALTERNATE HARRISON FREER,ALTERNATE ZONING ADMINISTRATOR-CRAIG BROWN LAND USE PLANNER-LAURA MOORE TOWN ATTORNEY-MILLER, MANNIX, SCHACHNER,HAFNER-CATHI RADNER STENOGRAPHER-SUE HEMINGWAY MR. JACKOSKI-Good evening everyone. A couple of things this evening. For those of you who know these proceedings from the past, I never start them late. I apologize for starting late this evening, but I'd like to call to order the Zoning Board of Appeals meeting for the Town of Queensbury today, March 27th, and I'm going to turn over this Kitchen application to Roy to be read into the record. OLD BUSINESS: AREA VARIANCE NO. 61-2012 SEQRA TYPE II STEVE AND JENNIFER KITCHEN AGENT(S) NACE ENGINEERING OWNER(S) LINDA S. DE LAURA ZONING WR LOCATION END OF FOREST ROAD APPLICANT PROPOSES CONSTRUCTION OF A TWO STORY DWELLING WITH ATTACHED GARAGE TOTALING 3,171 SQ. FT.; ASSOCIATED WASTEWATER AND STORMWATER SYSTEMS PLANNED. RELIEF REQUESTED FROM INFILTRATION OF DRIVEWAY STORMWATER WITHIN 100 FT. OF A SHORELINE. CROSS REF SP 48-2012; FWW 3-2012; SP 28-10; BP 10-556 (TEST PIT) WARREN COUNTY PLANNING YES ADIRONDACK PARK AGENCY YES LOT SIZE 0.34 ACRES TAX MAP NO. 226.19-1-39 SECTION 147-11 JON LAPPER, REPRESENTING APPLICANT, PRESENT STAFF INPUT Notes from Staff, Area Variance No. 61-2012, Steve and Jennifer Kitchen, Meeting Date: December 5, 2012 "Project Location: end of Forest Road Description of Proposed Project: Applicant proposes construction of a two story dwelling with attached garage with a total floor area of 3,171 sq.ft.; associated wastewater and stormwater systems planned. Relief Required: Parcel will require area variances as follows: Separation distances requirement for infiltration devices and from the lot clearing requirements. 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 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 appear limited due to lot limitations and existing conditions. 1 (Queensbury ZBA Meeting 03/27/2013) 3. Whether the requested area variance is substantial. The first variance is for separation distance it is required to be 100 ft; from infiltration devices down gradient then 50 ft from up gradient. Down gradient devices are to be located 13ft and 56 ft away. Where 13 ft is substantial and 56 ft would be considered moderate. Up gradient devices are located 53 ft and 76 ft away. The second variance is for depth of infiltration devices where 3ft is required and one device will be 2.75 ft in depth and the other device will be 2.5 ft in depth; these would be considered minimal. The remaining variance request is for the extent vegetation removal though requested by the applicant the request can be addressed during site plan review process as explained by the Zoning Administrator in his 3/4/2013 letter on file. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor 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. Parcel History(construction/site plan/variance, SP 48-2012 Pending FW 3-2012 Pending SP 28-2010 3,085 sq. ft. sfd w/attached garage. Disturbance within 100 feet of a wetland requires both SPR&FW by the PB No Action BP 10-556 Test Pit Staff comments: The applicant has submitted a revised set of plans for the construction of a single family dwelling. The project has reduced the number of variance request to four. All activities proposed during construction ie septic and stormwater along with the construction of the dwelling take into account the site size and necessary requirements to maintain all development on the site. The Planning Board provided a recommendation on 11/15/2012 that they as a board have not identified any significant adverse impacts that cannot be mitigated with current project proposal. Zoning Administrator letter 3/4/13 re: Kitchen-See attached SEQR Status: Type II" MR.JACKOSKI-Thank you. Welcome,Mr. Lapper. MR. LAPPER-Good evening. For the record,Jon Lapper with Tom Center and Steve Kitchen is here. Before we get started, I was recently handed an appeal on behalf of North Country Engineering of the Zoning Administrator's determinations on this matter. I guess it was filed a few hours ago at the Town, and as a result of that, my recommendation is that the matter should be tabled tonight because under the Town Code section that governs the Zoning Board of Appeals, it says that an appeal of a matter shall stay any proceedings, and I think that just procedurally, I mean,we came in (lost word), which, as you know, I try to avoid, and we made some changes that you guys had requested at the last meeting, and we're prepared to present, but when we saw this appeal a few hours ago,I think the smartest thing,procedurally,is to let that appeal of Craig's determination play out and then we'll come back after that appeal. I think that's just the safest route. MR.JACKOSKI-So you're requesting a tabling of tonight's meeting? MR. LAPPER-Yes. MR.JACKOSKI-Okay. There was a public hearing scheduled for this evening. Of course that public hearing is still left open. I see no reason to continue that public hearing this evening. Staff,what is the date in which you would recommend we table to? MR. BROWN-I believe the first April meeting is April 17th. 2 (Queensbury ZBA Meeting 03/27/2013) MR. LAPPER-But when would the appeal be heard on the,would that be May? MR. BROWN-Probably we would hear the appeal April 17th and have this application on the same night. If you prefer a different date,feel free to recommend that. MR. LAPPER-My sense is that after that appeal, however that goes we may have to change our application,not that I expect it's going to be successful,but there's a lot of parts to it. MR. BROWN-Okay. MR. LAPPER-So I think we'd probably want to come back in May. Have they met, I don't know if they'd be heard in April just because it was just submitted. MR. BROWN-There's certainly time to advertise. MR. LAPPER-Okay. MR. BROWN-We can do whatever you'd like as far as the date goes. If you want further,that's fine. If you want to have it as April 17th, and then if at that point you're not ready, we can table it again. It's up to you. MR. LAPPER-My sense is that we'd probably like to be in a month afterwards so that we can be prepared. MR. BROWN-So the first May meeting? MR. LAPPER-Yes. MR. JACKOSKI-So can I have a motion from a Board member here this evening to table this matter to the first May meeting? MOTION TO TABLE AREA VARIANCE NO. 61-2012 STEVE&JENNIFER KITCHEN, Introduced by Richard Garrand who moved for its adoption,seconded by Joyce Hunt: Tabled until the first May meeting. Duly adopted this 27th day of March, 2013,by the following vote: AYES: Mr.Urrico, Mr. Freer, Mr. Henkel, Mr. Noonan, Mr. Garrand, Mrs. Hunt, Mr.Jackoski NOES: NONE MR.JACKOSKI-Thank you. MR. LAPPER-Thank you. MR. JACKOSKI-For those students who are here, if you, this is kind of a short meeting this evening. If you want to make sure we sign off on your little piece of paper here to demonstrate you attended, we'll certainly be glad to do that, but at this point with no continuation of this matter, I guess can I have a motion to adjourn? MOTION TO ADJOURN THE QUEENSBURY ZONING BOARD OF APPEALS MEETING OF MARCH 27, 2013, Introduced by Roy Urrico who moved for its adoption,seconded by Joyce Hunt: Duly adopted this 27th day of March, 2013,by the following vote: AYES: Mr. Freer, Mr. Henkel, Mr. Noonan, Mr. Garrand, Mrs. Hunt, Mr.Urrico, Mr.Jackoski NOES: NONE MR.JACKOSKI-Thank you. MR. LAPPER-We'll do this again. On motion meeting was adjourned. 3 (Queensbury ZBA Meeting 03/27/2013) RESPECTFULLY SUBMITTED, Steven Jackoski,Chairman 4