Staff Notes packet for 3/23/2021 Town of Queensbury Planning Board
Community Development Department Staff Notes
March 23, 2021
Site Plan 15-2021 PAUL DERBY
31 Canterbury Drive/WR—Waterfront Residential/Ward 1
SEQR Type II
Material Review: application, site plans, septic plan, architecturals, survey map
Parcel History: 764-2019, 606-2019 septic alts., AV 18-2021
Requested Action
Recommendation to the Zoning Board of Appeals for a 639 sq. ft. upper level addition to an existing single
story home with a 2,044.5 sq. ft. footprint and new floor area of 2683.9 sq. ft.
Resolutions
1. Recommendation
Project Description
Applicant proposes a 639 sq. ft. upper level addition to an existing single story home with a 2,044.5 sq. ft.
footprint and new floor area of 2683.9 sq. ft. The project also includes the removal of concrete to be replaced
with permeable pavers. Pursuant to Chapter 179-3-040, 179-6-065, 179-13-010 & Chapter 91 of the Zoning
Ordinance, new floor area in a CEA, expansion of a non-conforming structure in a CEA, hard surfacing within
50 ft. of shoreline and a variance for septic system in a flood plain shall be subject to Planning Board review
and approval. Variance: Relief is sought for expansion of a non-conforming structure, setbacks, floor area and
permeability. Planning Board shall provide a recommendation to the Zoning Board of Appeals.
Staff Comments
• Location-The project is located at 31 Canterbury Drive on a 0.21 acre parcel.
• Arrangement-There is an existing house on the site to remain and an existing concrete patio. The patio area
is to be replaced with permeable pavers.
• Site Design-The project site will be improved with permeable pavers and a new shoreline landscape plan.
• Building—The upper level addition is to be 639 sq ft and will be over the existing garage area of the home.
The new floor area is 2,683.9 sq ft.
• Grading and drainage plan, Sediment and erosion control-The plans show the location of the shoreline
improvements with plantings. The applicant has indicated the permeable pavers will accommodate 280 cf
of stormwater runoff. The permeable pavers decreases the hard-surfacing on site.
• Landscape plan- The project site is located on Glen Lake and is subject to the shoreline buffer review. The
plans shows additional shoreline plantings to be installed
--Below are the guidelines from the shoreline buffer code section.
o Shoreline Buffer- Section 179-8-040
-Minimum width 20 ft(Glen Lake)
-For every 700 sqft of shoreline buffer area—one large tree minimum 3 inches in diameter
-For every 350 sq ft of ground cover-7—24 in native shrubs; 14 herbaceous plants
Project site
-109.2 ft of shoreline per survey
-Shoreline buffer 109.2 ft X 20 ft width is 2184 sq ft
-Shoreline buffer area-2184/700=3.1 round up to 4—four large trees at 3 inch diameter
-Ground cover-2184/350= 6.2 round up to 7 (X7) =49 native shrubs and 7 (X14) herbaceous plants=98
o Shoreline Cutting restrictions- Section 179-6-050
- Shoreline lots are allowed water access and beaches where 30%of the shoreline or maximum of 75
ft whichever is less
- 109.2 ft Shoreline X 30%=32.8 feet of the shoreline buffer cut to allow a view, access and to reduce
runoff(such as angled across the lot). Cross reference 179-8-040 ground cover of shrubs and
herbaceous plantings are still applicable within the 30%/75 ft cut area
• Utility details-The applicant received a septic system variance in January 2020.
• Elevations-The elevations show each side of the home. The existing home and the addition of the second
floor are shown as well. The applicant has had an engineer evaluate the structural integrity of the garage at
one story to place an upper level.
• Floor plans-The first floor plan shows the kitchen, living area,mudroom area, and guest bedroom. The
second floor addition is also shown with a master bedroom, bathroom, and closet area.
• Waivers-Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h.
signage, n traffic, o. commercial alterations/construction details, r. construction/demolition disposal 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 on the following items j.
stormwater,k.topography, 1. 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 Variance for Zoning Board
The addition is to be located 32 ft from the shoreline where a 50 ft setback is required; 23 ft from the front
where a 30 ft setback is required. The existing home and the addition is to be 2683.9 sq ft floor area as
proposed where 2040.3 sq ft floor area is the maximum allowed.
Nature of Variance for Planning Board Chapter 91
The Planning Board is to review a variance request under Chapter 91 Flood Damage Protection. The project
includes the installation of a septic system that has been approved by the BOH. The provision of Chapter 91 are
being applied as the system is below the flood plain elevation of 404.5 ft. The provision outlines the
requirements of the variance procedure specific to the Planning Board conducting the review.
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Staff has reviewed the variance procedure and with assistance from the Town Designated Engineer and Town
Counsel has developed the responses based on the information submitted. Please review the following
responses:
Section 91-19 D.1-12
(1)The danger that materials may be swept onto other lands to the injury of others. The system is designed to
minimize distribution of pathogens. As system components are below ground, it appears unlikely that
flooding could cause any components to be swept onto other lands.
(2)The danger to life and property due to flooding or erosion damage.—The design of the septic system is to
use a UV Filter prior to entering the field which will minimize pathogens. Installation of this system is
not expected to increase the flood elevation or erosion patterns in any significant way.
(3)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on
the individual owner. The new septic system is considered more protective of the environment. The system
is designed to protect the system from flooding including weighted down resistance to buoyancy.
(4)The importance of the services provided by the proposed facility to the community. The new system is an
improvement over the existing system.
(5)The necessity to the facility of a waterfront location, where applicable. The new system would be needed
to support the existing home. Any other system would require the same appeals process and BOH
approval of a system.
(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion
damage. Reviewing the site there is no other location available for a system.
(7)The compatibility of the proposed use with existing and anticipated development. The system is designed
for a two bedroom house.
(8)The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that
area. The Town Comprehensive Plan does not specifically identify Flood control with project
development. The Comprehensive Plan recognizes wetlands and water features as part of the natural
environment that assists flood control.
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles. It is noted that
if this area was to be flooded there would need to be other means of access for this home and other
homes. However, this variance is not needed for the proposed addition to the home and is prompted by
the proposed septic system placement.
(10)The costs to local governments and the dangers associated with conducting search and rescue operations
during periods of flooding. There are no known changes as this would be same cost as existing conditions
for search and rescue operations.
(11)The expected heights,velocity, duration,rate of rise and sediment transport of the floodwaters and the
effects of wave action, if applicable, expected at the site. No significant change from the existing conditions
to the proposed conditions.
(12) The costs of providing governmental services during and after flood conditions, including search and
rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems and streets and bridges. The project is subject to private utilities-property owners incur the
cost of their own utilities.
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In addition to these criteria,the Planning Board is authorized to consider any other relevant factors,technical
evaluations or standards established elsewhere in Chapter 91 of the Town Code.
Section 91-20 A-G
A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot
of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the
base flood level,provided that Subsection D(1)through(12) in § 91-19 has been fully considered.As the lot
size increases beyond the 1/2 acre,the technical justification required for issuing the variance increases.
The lot is less than 1/2 acre and the items in Subsection D1-12 have been considered.
B. Variances may be issued for the repair or rehabilitation of historic structures upon determination that:
(1)The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic
structure. Not applicable the home does not have a designation as a historic structure.
(2)The variance is the minimum necessary to preserve the historic character and design of the structure. Not
applicable the home does not have a designation as a historic structure.
C. Variances may be issued by a community for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use,provided that:
(1) The criteria of Subsections A, D,E and F of this section are met. See notes in A,D,E and F.
(2)The structure or other development is protected by methods that minimize flood damages during the base
flood and create no additional threat to public safety. The system is designed to minimize the distribution of
pathogens.
D. Variances shall not be issued within any designated floodway if any increase in flood levels during the base
flood discharge would result. The project is not located in a floodway it is located in a floor plain.
E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering
the flood hazard,to afford relief. The applicant has proposed a 2 bedroom system where the existing home
is designed only for two bedrooms. The system is environmentally better than the existing system and
there is no other location or elevation at the property where the system could be located.
F. Variances shall only be issued upon receiving written justification of the following:
(1)A showing of good and sufficient cause. The existing noncompliant system is being replaced by an
approved septic system.
(2)A determination that failure to grant the variance would result in exceptional hardship to the applicant. The
applicant would not be able to utilize the existing home without a septic system.
(3)A determination that the granting of a variance will not result in increased flood heights,additional threats to
public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or
conflict with existing local laws or ordinances. The flood elevation increase would be minimal as the
proposed fill is the minimum needed for design of the septic system.
G. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood
elevation shall be given written notice over the signature of a community official that the cost of flood insurance
will be commensurate with the increased risk resulting from lowest floor elevation. This would not apply as
the homes lowest floor is above the flood elevation
Summary
The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for setbacks,
and floor area.
Meeting History: lst Meeting
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