Staff Notes Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 63-2015
Project Applicant: Jeffrey & Dawn Hamilton
Project Location: 61 Assembly Point Road, Ward 1
Parcel History SP 60-2015—pending tear down rebuild
SEQR Type: II
Meeting Date: November 18,2015
Description of Proposed Project:
Applicant proposes demolition of 1,135 sq. ft. home and removal of existing sidewalks and patios to replace
with a 2-story single-family home. Also, proposing new septic system and stormwater management. Project
includes disturbance greater than 5,000 sq. ft., new floor area of 2,188 sq. ft.
Relief Required:
Relief requested from the following sections of the Zoning Ordinance. 179-3-040 Establishment of Districts—
Waterfront residential.
Side N Side S Floor area
Required 12 ft 12 ft Allowed up to 22% (2000 sq ft)
Proposed 5.6 ft 8.3 ft 24% (2188 sq ft)
Relief 6.4 ft 3.7 ft In excess of 2 % (188 sq ft)
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. Feasible alternatives may be considered to reduce the
floor area ratio. The project site and existing conditions of a 50 ft wide parcel may be considered limiting as
any new construction may require variance relief for side setbacks.
3. Whether the requested area variance is substantial. The relief may be considered moderate to
substantial relevant to the code.
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 have minimal
impacts to the neighborhood where it is residential development.
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
Staff comments:
The applicant proposes to remove an existing 1135 sq ft single story home to construct a new 2 story home of
2188 sq ft total floor area. The new footprint of the home is 1222 sq ft. The applicant also proposes removal of
slate walkways and patio that currently existing on the site. The project includes installation of a new septic
system, stormwater management measures, a stone-walkway at the front of the house, a 10x20 lawn sitting area,
and a 475 grass paver parking area. The new home does not meet the side setbacks or floor area ratio
requirements for the Waterfront Residential Zone.
Zoning Board Appeals
r of A eals
Community Development Department Staff Notes
Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238
Town of Queensbury RESOLUTION TO: Approve/Disapprove Area Variance No. 63-2015
Jeffrey and Dawn Hamilton
Tax Map No.ID 239.12-2-19 /Property Location: 61 Assembly Point Road
The Zoning Board of Appeals of the Town of Queensbury has received an application from Jeffrey and Dawn Hamilton.
Applicant proposes demolition of 1,135 sq.ft. home and removal of existing sidewalks and patios to replace with a
2-story single-family home. Also,proposing new septic system and stormwater management. Project includes
disturbance greater than 5,000 sq. ft.,new floor area of 2,188 sq. ft. Relief requested for minimum setbacks and
floor area.
SEQR Type II—no further review required;
A public hearing was advertised and held on Wednesday,November 18,2015;
Upon review of the application materials, information supplied during the public hearing, and upon consideration of the
criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after
discussion and deliberation,we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
because
2. Feasible alternatives are and have been considered by the board, are reasonable and have been included
to minimize the request OR are not possible.
3. The requested variance is/is not substantial because
4. There is/is not an adverse impact on the physical or environmental conditions in the neighborhood or district?
5. Is the alleged difficulty is/is not self-created because
6. In addition the Board finds that the benefit to the appl icant from granting the requested variance would outweigh
(approval) / would be outweighed by (denial) the resulting detriment to the health, safety and welfare of the
neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The board also proposes the following conditions:
a)
b)
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE/DENY AREA VARIANCE NO. 63-2015,
JEFFREY AND DAWN HAMILTON, Introduced by ,who moved for its adoption, seconded by
Duly adopted this 18`h day of November, 2015 by the following vote:
AYES: NOES: