Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 69-2024
Project Applicant: Timothy Bello
Project Location: 40 Pulver Road
Parcel History: SP 72-2024
SEQR Type: Type II
Meeting Date: December 18, 2024
Applicant proposes site improvements that include shoreline and slope stabilization, recreation area, and
retaining wall of dry stacked stone. There is to be a new tree planting plan and stormwater management
installed. The applicant is complying with a notice of violation for removal of vegetation within 35 ft of the
shoreline without approvals. The existing 1,096 sq ft (footprint) home, 472 sq ft (footprint) detached garage, 30
sq ft accessory structure, and 1,276 sq ft porch/deck area are to remain. Site plan for site work for shoreline area
and plantings. Relief for setback of infiltration device.
The applicant requests relief for setback of infiltration device. The project site is located at 40 Pulver Road on a
2.11 ac parcel in the Waterfront Residential zone.
Section 179-3-040 Dimensional, Chapter 147
The site work includes installation of stormwater management less than 35 ft from the shoreline where 17 ft is
proposed.
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 little to no impact on the neighboring properties.
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 limited due to the
location of the existing home and the work already completed on the site.
3. Whether the requested area variance is substantial. The relief may be considered minimal relevant to
the code. The setback relief is 18 ft.
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 impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
The applicant had previously removed some vegetation within 50 ft of the shoreline. The plans include new
planting and stormwater management within the buffer area of the shoreline. The plans show the proposed
conditions.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Staff comments: