Staff Notes 3.16.22Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 5-2022
Project Applicant: Cerrone Land Holdings
Project Location: Sherman Avenue
Parcel History: SUB 2-2022; SUB 7-2021
SEQR Type: Type I Coordinated
Meeting Date: March 16, 2022
Applicant proposes a 45 residential subdivision of a 49.5 acre parcel. The lots range in size from 0.47 ac. to
1.57 acres. The project includes a homeowners association property. There are to be two access points to
Sherman Avenue. The sites would have on site septic and be connected to municipal water supply. Project
includes a 20 ft. no cut buffer on the north property lines. Planning Board review for a subdivision. Relief
requested for lot size and setbacks.
The applicant requests relief for lot size and setbacks for a proposed subdivision in the Moderate Density
Residential zone. MDR. Parcel is 49.5 acres.
Section 179-3-040 Dimensional
The applicant proposes 45 residential lots ranging in size from 0.47 ac to 1.57 ac where a two acre lot minim um
is required where lots do not have access to both sewer and water. The project has access to municipal water
but will have on-site septic systems. In addition, relief is requested for the setbacks for Moderate Density Zone
- Rear setback required is 30 ft. proposed is 20 ft., Side setback required is 25 ft. and 15 ft. is proposed, the front
setback of 30 ft. is not proposed to change.
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. The project would have
minimal to moderate impact on the neighboring properties. The applicant has indicated some lot sizes are
similar to adjoining neighborhoods.
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. The feasible alternatives are available to develop the
parcel with compliant lots.
3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to
the code. The number of allowable lots would be 22. The setback relief would be 10 ft to the rear and 10 ft
to the sides. Lot size relief from 1.43 ac -0.43 acres.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Zoning Board of Appeals
Community Development Department Staff Notes
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 be considered
to have minimal impact on the environmental conditions of the site or area. The project would convert an
existing leaf dump to residential lots.
5. Whether the alleged difficulty was self -created. The project as proposed may be considered self-created.
The applicant proposes a 45 lot subdivision for a 49.5 acre parcel. The plans show the lot arrangement with two
access points to Sherman Avenue. The lot arrangement also shows the Homeowners Association land and the
applicant has noted services would be part of the agreement i.e. garbage removal, septic pump outs etc. The
board may wish to discuss constrains of the property for decks, pools, sheds as common accessory buildings.
Staff comments: