Staff Notes for 03/19/2024
Town of Queensbury Planning Board
Community Development Department Staff Notes
March 19, 2024
Site Plan 5-2023 GERALDINE EBERLEIN
12 Seelye Road North / Waterfront Residential / Ward 1
SEQR Type II
Material Review: site plan application, site plans, elevations, floor plans, revised utility plan details
Parcel History: AV 70-2007, AV 4-2023
Warren Co Referral Sent: February 2023 / Comments: NCI
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Requested Action
Recommendation to the Zoning Board of Appeals for the construction of a new home.
Resolutions
1. Recommendation
Project Description
(Revised) 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 new permeable driveway, stormwater management, and shoreline landscaping. The
project includes installation of a new septic system on the adjoining property. Pursuant to Chapter 179-3-040,
179-6-065, 179-6-050, site plan for new floor area in a CEA and hard surfacing within 50 ft. of the shoreline
shall be subject to Planning Board review and approval. Variance: Relief is sought for setbacks, floor area and
permeability. The Planning Board shall provide a recommendation to the Zoning Board of Appeals.
Staff Comments
• Location-The project is located at 12 Seelye Road on a 0.3 ac parcel located in the Waterfront residential
zone, Lake George.
• Arrangement- The project includes to demolish the existing buildings on the property to construct a new
home and associated site work.
• Site Design- The site work will include a permeable paver driveway area, permeable paver patio with
outdoor kitchen area, a fire pit area with flagstone patio, new stepping stone walkways, new stone slap entry
to lake, proposed beach area. The project includes new stormwater management, new septic system, and a
shoreline planted plan for the buffer area.
• Building – The new home is to have a footprint of 2,411 sq ft and a new floor area of 3,343 sq ft.
• Grading and drainage plan, Sediment and erosion control-The project includes permeable paver drive and
patio area, and rain garden area to accommodate the stormwater for the site. The information has been
provided to the Town Designated Engineer for review and comment.
• Landscape plan- The project site is located on Lake George and is subject to the shoreline buffer review.
The plans shows the plans to be compliant with the number of trees where existing is 4 and 2 to be added for
a total of 6 trees. The plans also show an area of proposed buffer plantings, shrubbery and perennials; the
plans numbers proposed seem to be slightly less than guidance has suggested. Below are the guidelines
from the shoreline buffer code section.
o Shoreline Buffer - Section 179-8-040
-Minimum width 35 ft (Lake George)
-For every 700 sqft of shoreline buffer area –one large tree minimum 3 inches in diameter
- 2 -
-For every 350 sq ft of ground cover -7 – 24 in native shrubs; 14 herbaceous plants
Project site
-104.4 ft of shoreline per site plan
-Shoreline buffer 104.4 ft X 35 ft width is 3654 sq ft
-Shoreline buffer area -3654 /700 = 5.22 round up to 6 –six large trees at 3 inch diameter
-Ground cover -3654/350 = 10.4 round up to 11 (X7) =77 native shrubs and 11 (X14) herbaceous
plants=154
o Shoreline Cutting restrictions and Cutting Plan- Section 179-6-050 -
– within 35 ft lakes or ponds & 75 ft streams, wetlands and rivers no vegetation within the first 6 ft
and no woody vegetation greater than one inch dbh removed from 6 ft to 35ft/75 ft area to be
maintained as natural buffer – A cutting plan allowing greater may be permitted by the Planning
Board
Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75
ft whichever is less
104.4 ft Shoreline X 30%= 31.3 feet of the shoreline buffer cut to allow a view, access and to reduce
runoff (such as angled across the lot). A cutting plan allowing greater may be permitted by the
Planning Board
Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable
within the 30%/75 ft cut area.
• Site lighting plan-The application indicates the light fixtures to be down cast, specific light fixtures to be
determined.
• Utility details-The project includes a new septic system on an adjoining parcel and water to be drawn from
the Lake. The local board of health granted the current arrangement of the septic system being allowed on
the adjoining parcel.
• Elevations-The elevations show the shoreline area view and garage area view.
• Floor plans-The floor plans indicate there is a crawl space and two floors. First floor is kitchen living and
two bedrooms, Second floor is two bedrooms and family area over the garage. Reminder the
building/construction plans will need to match the final plans in regards to nonhabitable/non-useable attic
space.
• Waivers-Planning staff has reviewed the applicants request for waivers that include items, h. signage, n
traffic, o. commercial alterations/ construction details, r. construction/demolition disposal and s. snow
removal.
• The waivers requested–Staff finds it reasonable to request a waiver as these items are typically
associated with commercial projects. The applicant has provided information for: g. site lighting j.
stormwater, k. topography, l. landscaping, p floor plans, q. soil logs.
• Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the
written request of an applicant. The Board is to review the waivers and to determine if they are to be
granted.
Nature of Area Variance
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. The Code has recently
changed to reduce the setback for infiltration devices to 35 ft where a variance is no longer required for this
project.
Summary
The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for setbacks,
floor area and permeability.
Meeting History: PB: 2/21/23, 4/25/23; ZBA: 2/15/23, 3/22/23, 4/19/23, 5/17/23, 7/19/23, 8/16/23, 10/18/23,
12/13/23, 1/17/24, 2/21/24