Staff Notes Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 49-2020
Project Applicant: Rockhurst, LLC
Project Location: Assembly Point Road
Parcel History: SP 57-2020; AV 22-2020; SP 81-2011; P20110614; PT 582-2020; PT 583-2020
SEQR Type: Type II
Meeting Date: March 17, 2021
Description of Proposed Project:
(Revised)Applicant proposes to demolish existing buildings to construct a new 2 story home 2,300 sq. ft.
footprint with 3,822 sq. ft. floor area and exterior patio areas. Project includes site work(fill, grading,
stormwater management, shoreline landscaping, new septic &water supply from lake). Planning Board: site
plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline. Relief requested for shoreline
setbacks.
Relief Required]-
The applicant requests relief for shoreline setbacks in the Waterfront Residential zone- WR.
Section 179-3-040 dimensional requirements
The new home is to be 50 ft. from the shoreline where a 75 ft. setback is required. The parcel involved was part
of a subdivision in 1993 where the Town Code required a 75 ft. setback,todays code would be 50 ft. setback
from the shoreline. Note—the applicant has revised the application and reduced the height to 28 ft.
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. The applicant proposes a new single family home and removing two
existing camps.
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 the
configuration of the parcel along the shoreline.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. The relief requested for the shoreline setback is 25 ft.
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 impact on the physical or the environmental conditions of the area. The project includes a new
septic system, stormwater management, site plantings and shoreline plantings.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to demolish existing buildings to construct a new single family home with 2,400 sq. ft.
footprint and 4,300 sq. ft. floor area. The project includes site work, fill and grading, stormwater management,
shoreline landscaping, new septic and water supply from Lake George. The shoreline setback is due to
subdivision of 1993 and the code requirements for setbacks at that time. The plans show the work to be
completed on the site and the new home to be constructed. The plans have been revised to show the height area
at 28 ft.
Zoning Board of Appeals
Community Development Department Staff Notes