Staff Notes Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 20-2021
Project Applicant: Rockhurst,LLC
Project Location: Holly Lane& Assembly Point Road
Parcel History: AV 49-2020; SP 57-2020; AV 22-2020; SP 81-2011, SUB 5-1993
SEAR Type: Type II
Meeting Date: March 17, 2021
Description of Proposed Project]-
Applicant proposes parcel 35.1 to have access over lot 35.2 to Assembly Point Road. There is a proposed new
home and associated site work for parcel 35.2 that includes a new drive area 13 ft. wide from 35.1 over 35.2 to
Assembly Point Road. There are no changes to the existing home on the parcel 35.1. Relief requested for
access on public/private road.
Relief Required:
The applicant requests relief for access on public/private road in the Waterfront Residential zone-WR.
Section 179-4-050—frontage
The lot(Main House) has approved frontage on Holly Lane and the applicant requests that the lot to have access
to Assembly Point Road through the adjoining lot.
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. 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 considered limited as
the lot is part of a pre-existing subdivision where 17.01 ft of road frontage exists on Holly Lane.
3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to
the code. Relief is 50 ft of physical access where 13 ft wide access is proposed.
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 impacts 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.
Staff comments:
The applicant proposes to access Assembly Point from the adjoining lot through a proposed 4000 sq ft gravel
driveway dedicated easement to this lot. The applicant has explained the access on Holly Lane would be
abandoned and agrees to waive/terminate the previously granted variance for Holly Lane as part of the project.
The plans show the location of the driveway area to be used on the adjoining lot.