Civitella ZBA Responses
38 High Rock Ave, Suite 3 | P.O. Box 272 | Saratoga Springs, NY 12866 | 518.450.4030
PROPOSED SINGLE FAMILY RESIDENCE
Antonio and Maria Civitella
140 Knox Road
Queensbury, NY
AREA VARIANCE APPLICATION – Responses to Criteria
1. Whether an undesirable change will be produced in the character of the neighborhood or
a detriment to nearby property will be created by the granting of this area variance?
Response 1: The project will result in the removal of one seasonal residence and one
storage shed which is currently encroaching on the north property by +/- 1.4 feet. It will
be replaced by a single family residence, generous landscaping, and compliant
stormwater management practices and utility systems. The level and intensity of use of
lakeside amenities will also remain relatively similar to existing. Access to a new
boathouse is proposed along with a firepit while all the proposed improvements will
remain directly adjacent to the proposed residence. The proposed project will result in a
positive change to the neighborhood character and an improvement of the current
systems which are not compliant with todays Codes and Regulations.
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?
Response 2: The proposed project cannot be achieved by any other means due to the
existing zoning area requirements for this parcel. There is a shoreline setback of 50’ and
each side yard setback is 20’ for a combined 40’ total. The average width of the parcel is
65’, therefore, the buildable envelope is reduced by these constraints. The front yard
setback is 30’ but due to the triangular configuration of the lot, this setback is eliminated
when off set. A minimum lot width size of 150 feet is required, where the current parcel
only has 65’ feet at its average width. These setbacks combine to form a building
envelope which provides constraints on fitting a residence within a triangular shape.
Additionally, separation distances need to be maintained for the proposed new on-site
wastewater treatment system, well, and stormwater management practices.
3. Whether the requested area variance is substantial?
Response 3: Yes, the requested area variances and FAR are substantial, however, this is
an approved building lot that is in existence historically. While several variances are
required, the existing setback requirements results in an odd shaped building envelope
making it rather difficult to fit a residence that conforms to the zone requirements. The
FAR may also seem substantial at 33% when 22% is allowed, but in reality it is not. There
is no walk-out basement proposed, but rather approximately 1,125 SF of basement is to
be used for storage only. There are no proposed bedrooms or bathroom in the
basement, only space for the mechanicals and for dry storage.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district?
Response 4: There will not be an adverse affect or impact on the physical or
environmental conditions. There will actually be a positive impact on the neighborhood
or district. An existing storage shed which encroaches on adjacent land will be razed and
an existing residence which is in poor condition. The proposed development will bring
utility systems into compliance and provide stormwater management practices which
currently do not exist.
The surrounding neighborhood is comprised of residential structures of similar sizes and
aesthetics, therefore, there will not be an adverse effect created within the
neighborhood by this proposed development.
5. Whether the alleged difficulty was self-created?
Response 5: As stated in Response 3 above, the approved building lot has been
historically in existence and due to the triangular shape, the existing setback
requirements provide a difficult constraint to fit a residence within the setbacks.
Additionally, the parcel does not meet the minimum lot size (width and depth) and
shoreline minimum lot width. No matter what the owner does, variances are required to
build due to these constraints and the small lot size.