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Staff Notes 11.15.23Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 45-2023 Project Applicant: Lauren & Christian Freyer Project Location: Pulver Road Parcel History: SP 73-2023; FWW 13-2023 SEQR Type: Type II Meeting Date: November 15, 2023 Applicant proposes to construct a 2,028 sq. ft. footprint home with a floor area of 3,456 sq. ft. The project includes associated site work for stormwater management and shoreline planting plan. The septic system approved by local BOH is proposed for construction across Pulver Road and connection to adjoining property by the same owner. Site Plan for new floor area in a CEA, hard surfacing within 50 ft. of the shoreline, and work within 100 ft. of a wetland. Relief requested for setbacks and permeability. The applicant requests relief for setbacks and permeability for the construction of a new home. The project site is located on Pulver Road across the street from 121 Pilot Knob Road on a 0.37 ac lot in the Waterfront Residential zone. Section 179-3-040 dimensional, Chapter 94 wetlands The applicant proposes a new home that is to be 32 ft from the shoreline where 50 ft is required, 23 ft from the wetland where 50 ft is required, 9 ft to the west property line where 20 ft is required. Then the permeability is to be 73.4 % where 75% 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. 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 considered limited due to the shape of the lot and location of constraints shoreline and wetlands. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested side yard setback is 11 ft, from the shoreline is 18 ft and from the wetland is 27 ft. The permeability requested is 1.6%. 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. The applicant proposes to construct a new home with associated site work. The home is two-story with an attached garage. The site work includes shoreline landscaping, stormwater and the driveway area. The septic is to be installed on adjacent parcel where the septic has been approved by the local board of health. Description of Proposed Project: Relief Required: Criteria for considering an Area Variance according to Chapter 267 of Town Law: Staff comments: