Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.:
25-2022
Project Applicant:
Morgan Gazetos
Project Location:
2930 State Route 9L
Parcel History:
SP 35-2022; AV 85-2014; SP 72-2014
SEQR Type:
Type II
Meeting Date:
June 22, 2022
Description of Proposed Project:
Applicant requests approval for construction of deck addition not constructed as approved. In addition, the
applicant has completed additional work without approval including deck area near shoreline, shoreline
pathway decking, and a reconstructed shed/changing accessory structure near the shore. Existing home footprint
1,306 sq. ft. remains the same. The deck areas total 2,270 sq. ft. where the applicant is to remove the pathway
decking, reducing the decking to 1,930 sq. ft. (original 2014 deck areas were 976 sq. ft specific to the house
area). Site plan review for as -built conditions. Relief requested for setbacks of upper and lower decks, shed,
and wooden walkway.
Relief Required:
The applicant requests relief for setbacks of upper and lower decks, shed, and wooden walkway.
Section 179-3-040 dimensions Section 179-4-080 decks
1. Upper Deck — The as -built for the upper deck addition indicates is 24 ft. from the shoreline where the 2014
approval was for 24.4 ft. from the shoreline. Relief needed 25.6 ft. for shoreline. Relief is also required for
the side setback where 14.3 ft. furthest extent, is proposed and 25 ft. is required. The deck addition at the
house 11.2 ft. to the side setback where 25 ft. is required.
2. Lower Deck -The as -built survey shows the Deck addition to the house the closest point is 22 ft. where the
2014 approval was for this portion of the deck to be 22 ft. (built as approved)
3. Shoreline Deck — The as built indicates 0 ft. from the shoreline for the landing connection to the dock and 6
ft. from the shoreline dock to the shoreline. The 2014 approval was for the shoreline deck to be 12 ft. from
the shoreline. Relief needed for the landing of 50 ft. and the shoreline dock of 46 ft.
4. Shoreline Shed — As built indicates the shed of 46 sq. ft. is 2 ft. from the property line. The 2014 approval
indicates an unlabeled square near the shoreline. Relief needed for 48 ft.
5. Wooden walkway path from shoreline deck to covered boathouse; length 198 ft. and 5 ft. to the shoreline
where 50 ft. is required. Relief needed of 45 ft. Note the 2014 approval does not identify a wooden
walkway.
Not subject to variance but additional hard surfacing review under site plan —permeability is greater than 75%
even with the deck additions -
6. Upper and lower deck size 213 sq. ft. of additional decking — approved was 688 sq. ft. existing is 901 sq. ft.
7. Shoreline deck size 121 sq. ft. of additional decking- approved was 288 sq. ft. and existing is 409 sq. ft.
8. The decking is 334 sq. ft. in excess of what is approved- specific to the deck elements at the house and
shoreline.
9. Total existing for decking and includes boathouse deck areas and wooden walk existing 2,270 sq. ft. and
proposed 1,960 sq. ft. The applicant has proposed to remove 310 sq. ft. of deck area; this includes 64 sq. ft.
of boathouse rear deck, 48 sq. ft. of the shoreline deck at the dock, and 198 sq. ft. of the wooden path.
(noting the boathouse decking and the wooden walking path were not in the 2014 calcs)
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 existing
house location in close proximity to the shoreline and the steep topography of the site.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. The Upper Deck relief -25.6 ft to the shore, -10.7 ft &13.8 to the side. The lower
Deck was constructed and is 22 ft setback as approved in 2014. Shoreline Deck relief is 44 ft from the
shoreline, landing relief is 50 ft. Shoreline Shed relief is 48 ft. Wooden walkway 45 ft relief. The applicant
has already proposed to remove 310 sq ft of decking area from the site.
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 to no impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant has provided plans that show the existing conditions on the site with the decking location to the
shoreline. The applicant is aware the work was done without approvals and would like to rectify the situation as
some of the work was done due to the topography constraints and other work was done to accommodate elderly
parents on the site.
Zoning Board of Appeals
Community Development Department Staff Notes