Meeting Minutes 12.16.2020(Queensbury ZBA Meeting 12/16/2020)
1
AREA VARIANCE NO. 49-2020 SEQRA TYPE TYPE II ROCKHURST LLC AGENT(S)
ENVIRONMENTAL DESIGN PARTNERS (GAVIN VUILLAUME) OWNER(S) ROCKHURST
LLC ZONING WR LOCATION ASSEMBLY POINT RD. APPLICANT PROPOSES TO
DEMOLISH EXISTING BUILDINGS TO CONSTRUCT A NEW HOME 2,400 SQ. FT. FOOTPRINT
WITH 4,300 SQ. FT. FLOOR AREA AND EXTERIOR PATIO AREAS. PROJECT INCLUDES SITE
WORK FILL, GRADING, STORMWATER MANAGEMENT, SHORELINE LANDSCAPING, NEW
SEPTIC & WATER SUPPLY FROM LAKE. PLANNING BOARD: SITE PLAN FOR NEW FLOOR
AREA IN A CEA. RELIEF REQUESTED FOR HEIGHT AND SHORELINE SETBACKS. CROSS
REF AV 49-2020; SP 57-2020; AV 22-2020; SP 81-2011; P20110614; PT 582-2020; PT 583-2020
WARREN COUNTY PLANNING DECEMBER 2020 ADIRONDACK PARK AGENCY ALD LOT
SIZE 1.01 ACRES TAX MAP NO. 239.12-2-35 SECTION 179-3-040
DENNIS MAC ELROY, REPRESENTING APPLICANT, PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 49-2020, Rockhurst LLC, Meeting Date: December 16, 2020 “Project
Location: Assembly Point Rd. Description of Proposed Project: Applicant proposes to demolish
existing buildings to construct a new home 2,400 sq. ft. footprint with 4,300 sq. ft. floor area and exterior
patio areas. Project includes site work (fill, grading, stormwater management, shoreline landscaping, new
septic & water supply from lake. Planning Board: site plan for new floor area in a CEA. Relief requested
for height and shoreline setbacks.
Relief Required:
The applicant requests relief for height and shoreline setbacks in the Waterfront Residential zone- WR
Section 179-3-040 dimensional requirements
The new home to be constructed is to be 29 ft. 10 inches where 28 ft. is the maximum height allowed. The
new home is to be 50 ft. from the shoreline where a 75 ft. setback is required. The parcel involved was part
of a subdivision in 1993 where the Town Code required a 75 ft. setback, today’s code would be 50 ft. setback
from the shoreline.
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. The applicant proposes a new single family home
and removing two existing camps.
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 limited due to the
configuration of the parcel along the shoreline.
3. Whether the requested area variance is substantial. The relief requested may be considered
moderate relevant to the code. The relief requested for height is 1 ft. 10 inches and the shoreline setback
relief requested is 25 ft.
(Queensbury ZBA Meeting 12/16/2020)
2
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 may be considered to have
minimal impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to demolish existing buildings to construct a new single family home with 2,400
sq. ft. footprint and 4,300 sq. ft. floor area. The project includes site work, fill and grading, stormwater
management, shoreline landscaping, new septic and water supply from Lake George. The plans show the
height area that is above 28 ft. The shoreline setback is due to subdivision of 1993 and the code
requirements for setbacks at that time. The plans show the work to be completed on the site and the new
home to be constructed.”
MR. MAC ELROY-Thank you. Sorry to have you go through that. For the record, Dennis MacElroy from
Environmental Design. This is a project that’s represented by my office. It’s not my project, but based
on a suggestion from the attorney John Allen, who I think is connected somehow Zoom or somehow here
tonight, they requested the project be tabled or the application be tabled for the full Board.
MR. MC CABE-Okay. So, John, will you make that motion?
MR. HENKEL-Yes. And it’s to be tabled until when?
MRS. MOORE-To the first meeting in January.
MR. HENKEL-To the first meeting in January.
MR. MC CABE-So just hold on for a second. So just for clarity, a public hearing was advertised tonight.
Do we still hold the public hearing?
MRS. MOORE-So you open the public hearing. You keep the public hearing open, only because if the
project does change then those that wish to speak on the project can do so on the changes.
MR. MC CABE-Okay. So at this particular time I’m going to open the public hearing for AV 49-2020, but
I‘m going to ask that any comment be held until the final proposal is presented to the Board.
PUBLIC HEARING OPENED
The Zoning Board of Appeals of the Town of Queensbury has received an application from Rockhurst
LLC. Applicant proposes to demolish existing buildings to construct a new home 2,400 sq. ft. footprint
with 4,300 sq. ft. floor area and exterior patio areas. Project includes site work (fill, grading, stormwater
management, shoreline landscaping, new septic & water supply from lake. Planning Board: site plan for
new floor area in a CEA. Relief requested for height and shoreline setbacks.
MOTION TO TABLE AREA VARIANCE NO. 49-2020 ROCKHURST, LLC, Introduced by John
Henkel who moved for its adoption, seconded by Catherine Hamlin:
(Queensbury ZBA Meeting 12/16/2020)
3
Tabled to January 2021 with any new information submitted prior to December 24th.
Duly adopted this 16th day of December, 2020, by the following vote:
AYES: Mrs. Hayward, Mr. Underwood, Mrs. Hamlin, Mr. Henkel, Mr. McCabe
NOES: NONE
ABSENT: Mr. Kuhl, Mr. Urrico
MR. MAC ELROY-Thank you very much.