Staff Notes.10.22.13 Town of Queensbury Planning Board
Community Development Department Staff Notes
October 15, 2013 & October 22, 2013
Application: SP 54-2013 /AV 55-2013 SEQRA Type II
Applicant: 157 Mannis Road, LLC
Location: 157 Mannis Road
Zoning: WR-Waterfront Residential
REQUESTED ACTION: Site Plan review for construction of a boathouse includes a sundeck and
covered dock, requires Planning Board review and approval.
PARCEL HISTORY: AV 55-13: Pending
PROJECT DESCRIPTION: Site Plan: Applicant proposes replacement of a 740 sq. ft. dock with a
700 sq. ft. dock and 629 sq. ft. sundeck. Boathouse in a WR zone requires Planning Board review and approval.
Variance: Relief granted from maximum dock width requirements of the WR zone. Planning Board shall
make a recommendation to the Zoning Board of Appeals.
MATERIAL REVIEW:
Cover Letter
Application
Existing survey map
Proposed survey map
Elevation drawings: North, south, west
Plan View
Crib Plan
STAFF COMMENTS:
The applicant proposes the replacement of an existing dock structure and constructing a sundeck. The dock
structure is to be 700 sq ft that will be 40 ft. wide and 20 ft. in length. The sundeck is to be 629 sq ft sundeck.
The plans show the location of the dock and the sundeck area. The plans show the stairs to run parallel with the
structure to access the sundeck; a small storage area is shown under the stairs. The sundeck height is shown to
be 15 ft. 3 in. from the top of the rail to the mean high water mark.
NATURE OF AREA VARIANCE
Relief granted from maximum dock width allowed. Applicant proposes a 40 ft. wide continuous single dock
where 8 ft. in width is the maximum allowed.
SUMMARY
The applicant has completed a site plan application for the construction of a boathouse that includes a 629 sq. ft.
sundeck and a covered dock of 700 sq. ft. The applicant has explained that the existing dock is in a state of
disrepair and the new dock will be reduced in size. During the Planning Board recommendation discussion the
applicant provided a rendition of the previous cover over the dock that was removed some years ago where the
applicant now proposes a sundeck.
APPLICATION PROTOCOL:
10/15/2013 PB Recommendation to ZBA -completed
10/16/2013 ZBA review-approved
10/22/2013 PB review
- 2 -
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Steven Jackoski, Chairman Roy Urrico, Secretary
TO: 157 Mannis Road, LLC PROJECT FOR: 157 Mannis Road, LLC
c/o Thomas Hughes, MD c/o Thomas Hughes, MD - 157 Mannis Rd.
56 Wincoma Drive ZBA Meeting Date: Wed., October 16, 2013
Queensbury, NY 12804
RESOLUTION TO: Approve Area Variance No. 55-2013, 157 Mannis Road, LLC c/o Thomas Hughes, MD,
157 Mannis Road, Tax Map No. 289.18-1-7
The Zoning Board of Appeals of the Town of Queensbury has received an application from 157 Mannis
Road, LLC c/o Thomas Hughes, MD for a variance from Section(s): 179-5-060 (4) of the Zoning Code of
The Town of Queensbury in order to remove an existing 740 sq. ft. dock surface area and then construct a
new 700 sq. ft. dock with a 629 sq. ft. sundeck. The new dock would be constructed in the same location
as the one to be removed. Relief is requested from the maximum dock width. The required relief is for 40
feet, or 32 feet in excess of the 8 feet allowed.
SEQR Type II-no further review required;
A public hearing was advertised and held on October 16, 2013;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and
Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows;
1. 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 area variance? The Board does
not believe that any undesirable change in the character of the neighborhood will be produced.
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to
pursue, other than an area variance? In trying to keep with the same orientation as the pre-existing
deck, benefits cannot be achieved by any other means.
3. Is the requested area variance substantial? Relative to what the letter of the Code is, yes, it is
substantial.
4. Will the proposed area variance have an adverse impact on the physical or environmental
conditions in the neighborhood or district? It might actually improve the environmental conditions in
the neighborhood by removing what's there now under the water line and replacing it with basically
some cribbing that will allow wildlife to go through.
5. Is the alleged difficulty self-created? As previously stated, we don't believe it is self-created. Time
and weather have taken a toll on it.
Page 1 of 2
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.)
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ZBA Decision Resolution (continued)
ZBA Meeting Date: Wed., October 16, 2013
Area Variance Application No. 55-2013, 157 Mannis Road, LLC
In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh any resulting detriment to the health, safety and welfare of the neighborhood and community;
The Board also finds that the variance request under consideration is the minimum necessary;
Based on the above findings I make a MOTION TO APPROVE Area Variance No. 55-2013, 157 MANNIS
ROAD, LLC C/O THOMAS HUGHES, MD , Introduced by Richard Garrand, who moved for its adoption,
seconded by John Henkel:
As per the resolution prepared by staff with the following:
A. No conditions on the approval.
B. 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;
C. 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;
D. 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'
E. Subsequent issuance of further permits, including building permits are dependent on receipt of these
final plans;
F. Upon approval of the application; review and approval of final plans by the Community
Development Department the applicant can apply for a building 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.
Duly adopted this 16th day of October 2013, by the following vote:
AYES: Mrs. Hunt, Mr. McCabe, Mr. Garrand, Mr. Henkel, Mr. Urrico, Mr. Jackoski
NOES: Mr. Noonan
Steven Jackoski, Chairman
Queensbury Zoning Board of Appeals
SJ/sh
cc: Michael J. O'Connor, Esq.
Page 2 of 2
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.)
1�� TOWN OF QUEENSBURY
f 742 Bay Road, Queensbury, NY. 12804-5902
Town of Queensbury Planning Board
RESOLUTION TO APPROVE/DISAPPROVE SITE PLAN 54-2013 157 MANNIS ROAD, LLC
Tax Map ID 289.18-1-7/Property Address: 157 Mannis Road
A site plan application has been made to the Queensbury Planning Board for the following: Applicant
proposes replacement of a 740 sq. ft. dock with a 700 sq. ft. dock and 629 sq. ft. sundeck. Boathouse in a
WR zone requires Planning Board review and approval.
SEQR Type II—no further review required;
PB made a recommendation to the ZBA on 10/15/13;the ZBA approved the variance requests on 10/16/13;
A public hearing was advertised and held on 10/22/2013;
This application is supported with all documentation, public comment, and application material in the file of
record;
MOTION TO APPROVE/ DISAPPROVE SITE PLAN 54-2013 157 MANNIS ROAD, LLC, Introduced by
who moved for its adoption, seconded by
1) Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
2) Final approved plans, in compliance with the Site Plan. must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building and Codes
personnel.
3) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the
beginning of any site work.
4) Subsequent issuance of further permits, including building permits is dependent on compliance with this
and all other conditions of this resolution.
Duly adopted this 22nd day of October 2013 by the following vote:
AYES:
NOES:
cc: Michael J.O'Connor