Staff Notes 2.15.23Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 4-2023
Project Applicant: Geraldine Eberlein
Project Location: 12 Seelye Road North
Parcel History: SP 5-2023; AV 70-2007
SEQR Type: Type II
Meeting Date: February 15, 2023
Applicant proposes demolition of an existing home and guest cottage to construct a new home with a footprint
of 2,411 sq. ft.; an outdoor kitchen of 234 sq. ft.; and a new floor area of 3,343 sq. ft. The project includes
associated site work for a new permeable driveway, stormwater management, and shoreline landscaping; the
project also includes installation of a new septic system on the adjoining property. Site plan for new floor area
in a CEA and hard surfacing withing 50 ft. of the shoreline. Relief is requested for setbacks, floor area, and
permeability.
The applicant requests relief for setbacks, floor area, and permeability for the construction of a new home and
associated site work. The project is on a 0.3 ac parcel located in the Waterfront residential zone, Lake George.
Section 179-3-040 dimensional
The applicant proposes a new home where the front yard setback is proposed to be 13.5 ft where a 30 ft setback
is required. The shoreline setback is proposed to be 54 ft where a 68.77 ft setback (average of the adjoining
buildings) is required. The permeability is proposed to be 70.4% where 75% is required. The floor area
proposed is 3343 sq ft (25.5%) where 2885.47 sq ft (22%) is maximum allowed. Infiltration device proposed
70.5 ft where 100 ft 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 minor impacts on the neighboring properties as the construction of the home has more
than one variance request.
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 possible to meet the
requirements of the waterfront residential zone.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code. The front setback relief is 16.5 ft, shoreline is 14.77 ft, infiltration device setback relief is 29.5 ft.
The floor area is 3.5% in excess and permeability is 4.6% less permeable for 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 as proposed may be considered
to have minimal to no impact on the environmental conditions of the site or area. The project includes a
new septic system and stormwater management for the site.
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 project as proposed may be considered self-created.
The applicant proposes to construct a new home in the waterfront residential zone that includes site work and
new septic system. The applicant has indicated the new home is in a similar location as the existing home. The
plans show the new home location including elevations and floor plans. The board may have additional
discussion about the relief requested.
Staff comments: