Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 46-2024
Project Applicant: Mountain Vista Properties (Chris Racicot)
Project Location: 3 thru 21 Foothills Road
Parcel History: SP 48-2024; AV 15-1989; SP 64-88
SEQR Type: Type II
Meeting Date: August 21, 2024
Applicant proposes the construction of three 4-unit apartment buildings for 12 total new units. Site work will
include on-site septic, stormwater management, and connection to municipal water. Project will maintain the
existing 8 units between four buildings; site will have 20 units. Project includes merger of two lots for a site of
9.17 acres where multi-family buildings require 2 acres per unit without sewer and water. Site plan for multi-
family project. Relief requested for number of units on lot size, density, and number of units.
The applicant requests relief for the construction of 12 new units for the number of units on lot size, density,
and number of units. The project parcel is 9.17 ac in the Moderate Density Residential zone.
Section 179-3-040 density
The applicant requests relief for lot size where 12 units would require 24 ac where sewer and water are not
provided requires 2 ac per unit. The existing number of units is 8 and the additional 12 units for a total of 20
units where 40 ac would be required. The lot size of 9.17 ac where 0.46 ac per unit is proposed. Number of
units proposed is 20 overall where the maximum allowed is 4 units.
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 with the number of units proposed.
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 minimize
the number of units proposed.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code. Relief requested for the density where 9.17 ac is existing and 40 ac would be required.
Number of units proposed is 20 overall where the maximum allowed is 4 units.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor impacts to the physical or
environmental conditions in the neighborhood may be anticipated. Each building will be connected to an
onsite septic and additional clearing is proposed for the locations of the buildings and septics. The existing
cul-de-sac is proposed to be used for traffic.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
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
The applicant proposes to construct three new buildings with 4 units each. The units will each have a garage
and three bedrooms. The plans show the location of the existing 8 units within three buildings plus a residential
garage and site garage.
Staff comments: