Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 22-2022
Project Applicant:
3 Antigua Road, LLC.
Project Location:
3 & 5 Antigua Road
Parcel History:
AV 59-2014, SP 25-2022
SEQR Type: Type II
Meeting Date: June 22, 2022
Description of Proposed Project:
(Revised) Applicant proposes to construct a new 1,225 sq. ft. home with an 845 sq. ft. covered porch footprint
with a floor area of 3,979 sq. ft. The new home is to be greater than 28 ft. in height. The driveway area included
permeable pavers of 1,170 sq. ft. and 7,483 sq. ft. hard -surfacing. The parcel that is located in the Town of
Queensbury adjoins a parcel that is in the Town of Lake George that has frontage on the lake. The project
includes a new walkway and a portion of the new outdoor kitchen that is located in both the Town of Lake
George and Town of Queensbury. Site plan for new floor area in a CEA. Relief requested for setbacks, height,
and stormwater device setback.
Relief Required:
The applicant requests relief for setbacks, height, and stormwater device setback.
Section 179-3-040 dimensional 147 Stormwater device
The construction of the new home requires relief from height where 29 ft 5 inches is proposed and 28 ft is the
maximum height allowed; relief of 1 ft 5 inches. Relief for rear setback is proposed to be 0 ft setback where 30
ft is required. Relief is requested for the stormwater devices located less than 100 ft from the shoreline where
24 ft is proposed. The covered outdoor kitchen is located 63 ft from the shoreline where a 75 ft setback is
required. Permeability is being improved from 58.12 % to 68.55% where 75% is required no variance is
necessary as it is an improvement.
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 to no 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 may be limited due to the
property configuration with a portion being in the Town of Lake George and a portion in the Town of
Queensbury.
3. Whether the requested area variance is substantial. The request for relief may be considered moderate
to substantial relevant to the code. Relief is construction of the outdoor kitchen where relief from the
shoreline is to be 12 ft, relief from the rear setback is 30 ft, and stormwater device is 24 ft. Height relief of
1 ft 5 inches.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to 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.
Staff comments:
The project involves constructing a new guest home in a similar location to guest home that was destroyed by
fire — the new home is larger than the original. The plans show the work to be completed on the site with the
new home and driveway area. In addition, the plans show the work to be done in the Town of Lake George
with the existing main home, shoreline work, and the porch area of the guest house.
Zoning Board of Appeals
Community Development Department Staff Notes
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 22-2022
Project Applicant:
3 Antigua Road LLC.
Project Location:
3 & 5 Antigua Road
Parcel History:
AV 59-2014, SP 25-2022
SEQR Type:
Type II
Meeting Date:
May 18, 2022
Description of Proposed Project:
Applicant proposes to construct a new 2,145 sq. ft. home with a 180 sq. ft. deck footprint with a floor area of
6,483 sq. ft. The new home is to be greater than 28 ft. in height. The driveway area included permeable pavers
of 1400 sq. ft. and 8,145 sq ft hard -surfacing. The parcel that is located in the Town of Queensbury adjoins a
parcel that is in the Town of Lake George that has frontage on the lake. The project includes a new entry porch
overhang to the existing home and a portion of the new hard surface area for the outdoor kitchen that is located
in the Town of Lake George. Site plan for new floor area in a CEA. Relief requested for setbacks, height,
permeability, and stormwater device setback.
Relief Required:
The applicant requests relief for setbacks, height, permeability, and stormwater device setback.
Section 179-3-040 dimensional, 147 Stormwater device
The construction of the new home requires relief from height where 37 ft is proposed and where 28 ft is the
maximum height allowed. In addition relief is requested for building to be located 68 ft from the shoreline
when 75 ft is required; rear setback proposed at 0 ft where 30 ft is required. Relief is requested for the
stormwater devices located less than 100 ft from the shoreline. Permeability is being improved from 60.27 % to
67.12% where 75% is required; no variance is necessary as it is an improvement.
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 to no 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 may be limited due to the
property configuration with a portion being in the Town Lake George and a portion in the Town of
Queensbury.
3. Whether the requested area variance is substantial. The request for relief may be considered moderate
to substantial relevant to the code. Relief is construction of the guest house where relief from the shoreline
is to be 7 ft, relief from the rear setback is 30 ft, and stormwater device is 7 ft. Height relief of 9 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to 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.
Staff comments:
The project involves constructing a new guest home in a similar location to guest home that was destroyed by
fire — the new home is larger than the original. The plans show the work to be completed on the site with the
new home and driveway area. In addition, the plans show the work to be done in the Town of Lake George
with the existing main home, shoreline work, and the porch area of the guest house.
The applicant plans to revise the application materials with a smaller guest home and an expanded patio with
an outdoor kitchen. The applicant has been made aware the revisions may require to re -advertise the project
with the new information. Staff would suggest tabling the application to a June meeting.
Zoning Board of Appeals
Community Development Department Staff Notes