Staff notes 7/20/22Town 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: July 20, 2022
(Revised) Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom
home with an attached garage. The home will have a footprint of 3,381 sq. ft. The new floor area of 6,033 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 and stormwater device less than 100 ft. from shoreline.
The applicant requests relief for setbacks and stormwater device less than 100 ft. from shoreline in regard to
construction of a new home with an attached garage. The parcel is 1.25 ac and in the Waterfront Residential
zone-WR.
Section 179-3-040 dimensional, Chapter 147 stormwater device
Revised with the garage being attached to the proposed home which removes the height variance. The portion
of the home with the garage is located 6 ft. from the property line where a 25 ft. setback is required. The
stormwater device is to be 50 ft. where 100 ft. setback is required.
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 19 ft. and stormwater device location is 50 ft. (revisions relief requested is
less)
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 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.
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 attached garage.
Staff comments: