Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 11-2023
Project Applicant: John & Mary Jo Sabia
Project Location: 43 Canterbury Drive
Parcel History: SP 19-2023
SEQR Type: Type II
Meeting Date: April 19, 2023
Applicant proposes demolition of an existing home to construct a 1,776 sq. ft. footprint home. The new floor
area of the home is to be 2,672 sq. ft. The project includes associated site work for the installation of a new
septic system, use the existing well, stormwater management and new shoreline plantings. Site plan for new
floor area in a CEA, hard surfacing within 50 ft. of the shoreline, and new building within 50 ft. of 15% slopes.
Relief is requested for floor area, setbacks, height, and permeability.
The applicant requests relief for floor area, setbacks, height, and permeability for construction of a new home.
The project is located at 43 Canterbury Drive on a 0.21 ac parcel in the Waterfront residential zone.
Section 179-3-040 dimensional
The new home is to be located 18 ft. 2 inches from the shoreline setback where a 50 ft. setback is required. The
new home is to be located 28 ft. from the front setback where a 30 ft. setback is required (the data sheet should
be corrected). The proposed height is 31 ft. 9 inches where 28 ft. is the maximum height allowed. The side yard
to the north setback proposed is 15 ft. 10 inches where a 20 ft. setback is required. The site permeability is
proposed to be 71.03% where 75% is required. The floor area is proposed to be 2,672 sq. ft. (29.3%) where the
maximum allowed is 2,009 sq. ft. (22%).
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 meth od, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered to reduce the
requested variances.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate to
substantial relevant to the code. Relief requested for the new home is 31 ft 10 inches from the shoreline, 2 ft
from the front, the side setback is 4 ft 11inches, the relief for height 3 ft 9 inches in excess; permeability
relief is 3.9%; floor area 663 sq ft (7.3%) in excess.
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 will have minimal impact on the
physical or environmental conditions. The applicant proposes a new septic system with the project as
proposed.
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
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
The applicant proposes demolition of an existing home to construct a 1,776 sq ft footprint home. The new floor
area of the home would be 2,672 sq ft. The plans show the site work to include the entire 0.21 ac parcel. The
plans show the new home location including elevations and floor plans. The board may have additional
discussion about the relief requested.
Staff comments: