Staff Notes 8.24.22Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 38-2022
Project Applicant: Brett & Pamela West
Project Location: 106 Bay Parkway
Parcel History: FWW 10-2022; AV 38-2022; AV 57-2021; SP 51-2021; PZ 210-2016; PZ 95-2016; PZ
89-2016; SP 37-2009; AV 47-2007; SP 39-2007
SEQR Type: Type II
Meeting Date: August 24, 2022
Description of Proposed Project:
Applicant requests to be tabled to the September meeting for a Full board. (Tabled to September 21s)
Applicant proposes to demo existing home plus shed and construct a new 2 story home with a 5,436 sq. ft.
footprint with a garage. Also included is installation of permeable pavers for patio and driveway areas and a
covered walkway between the two properties. The new floor area will be 8,670 sq. ft. where the maximum
allowed is 8,687 sq. ft. The project includes site work for new landscaping shoreline and residential house,
septic, and stormwater management. Lot line adjustment but no change to lot size. Area variance granted
3/23/2022 for setbacks, number of garages, and stormwater device setbacks. Revision to Site Plan to include
Freshwater wetlands work within 100 ft. of a designated wetland. Relief requested for wetland setback.
Relief Required:
The applicant requests relief for construction of a new home needing relief for setbacks to wetlands. Project is
in the Waterfront Residential zone —WR. Parcel is 0.91 acres.
Section 179-3-040 dimensional Chapter 94 Wetlands
The new home garage is to be located 10 ft from the wetland boundary where a 50 ft setback is required. The
depression area is proposed to be 5.5 ft from the wetland where a 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. Minor 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. The feasible alternatives may be to reduce the size of the home.
3. Whether the requested area variance is substantial. The relief requested may be substantial relevant to the code.
Where 40 ft of relief is required for the building and 94.5 ft relief to the depression area.
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 applicant has included new stormwater measures that did not
exist prior and proposes a new septic system.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to demolish an existing building to construct a new home. The plans show the location
of the wetland area and the planting plan for the site.