Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 20-2022
Project Applicant: Eric Carlson
Project Location: 67 Brayton Lane
Parcel History: SEP 241-2019, SP 26-2022
SEQR Type: Type II
Meeting Date: May 18, 2022
Description of Proposed Project:
Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom home with
a footprint of 2,381 sq. ft. which includes porches/deck areas and living space of detached building. The project
includes a detached garage with an 873 sq ft footprint. The new floor area of 6,194 sq ft. The project includes
new stormwater management, alteration of shared driveway and parking arrangement, grading, and erosion
control. Site plan for new floor area in a CEA, hard -surfacing within 50 ft. of the shoreline, new structure within
50 ft. of 15% slopes, driveway greater than 10%, and Freshwater wetland work within 100 ft. of the wetland.
Relief requested for setbacks, height of garage, and stormwater device less than 100 ft. from shoreline.
Relief Required:
The applicant requests relief for setbacks, height of garage, and stormwater device less than 100 ft. from
shoreline in regard to construction of a new home and detached building. The parcel is 1.25 ac and in the
Waterfront Residential zone-WR.
Section 179-3-040 dimensional, Chapter 147 stormwater device
The construction of the detached building with garage and living space is to be located 5 ft. from the property
line where a 25 ft. setback is required. The detached building is to be 30 ft. 7 inches where accessory buildings
are limited to 16 ft. in height. The stormwater device is to be 49 ft. where 100 ft. setback is required.
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. The project may be
considered to have little to no impact on the neighboring properties as the home is moved further from the
back and detached building is in similar location as previous.
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 may be limited due to the lot
shape, proximity to wetland, and shared access by adjoining properties.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. Relief for the setback is 20 ft., height is 15 feet 5 inches and stormwater device location is 51 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 as proposed may be considered
to have minimal to no impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
Staff comments:
The applicant proposes to construct a new home on the site with associated site work. The plans show the
location of the new home with covered porch areas and a separate building with a garage. The separate
building will include a two car garage, changing room area and storage.
Zoning Board of Appeals
Community Development Department Staff Notes