Staff Notes 2.16.22Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 58-2021
Project Applicant: Brett & Pamela West (Guest House)
Project Location: 108 Bay Parkway
Parcel History: SP 52-2021; SEP 343-2021; AST 433-2020; DEMO 803-2019; PT 802-2019; AV 52-
2009; SP 54-2009
SEQR Type: Type II
Meeting Date: February 16, 2022
(Revised 1/18/2022) Applicant proposes construction of a new home with 3,210 sq. ft. floor area and 2,160 sq.
ft. footprint. The home is two story with an attached garage. The project includes a covered walkway from the
home to the proposed adjoining home and installation of permeable paver areas for driveway and patio. Site
work includes stormwater management with a rain garden, new site plantings, new septic, and new line for
drinking water. Project includes a lot line adjustment but no change to lot size. Site plan for new floor area in a
CEA and hard surfacing within 50 ft of the shoreline. Relief requested for setbacks, access from adjoining lot,
and stormwater device less than 100 ft. from shore.
The applicant requests relief for construction of a new home and associated site work needing relief for setbacks
and access from adjoining lot for the construction of a new single-family home in the Waterfront Residential
Zone –WR. The parcel is 0.34 acres. The additional variance noted for the shoreline setback for the infiltration
device.
Section 179-3-040 dimensional
Revised February 2022. The covered walkway is to be 0 ft. from the east side setback where a 20 ft. setback is
required. The home is to be 10 ft. from the east property line where a 20 ft. setback is required. Note – the East
property line has been adjusted to accommodate a setback with no changes to the lot size. Relief is also
requested to access the parcel from the adjoining lot and not the lot the project is on. Relief for the infiltration
device to the shoreline – three proposed at 45 ft, 49 ft, and 72 ft where a 100 ft setback is required. Note
permeability is proposed at 78.5% and 75% is required –no permeability relief is requested; floor area is
proposed at 3,210 sq. ft. and the maximum allowed is 3,212 sq. ft. – no floor area relief requested.
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.
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 possible to reduce the
overall size of the home, increase permeability.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Zoning Board of Appeals
Community Development Department Staff Notes
3. Whether the requested area variance is substantial. The relief requested may be considered moderate to
substantial relevant to the code. Relief requested covered walkway 20 ft. The east property line relief is 10
ft. Relief for access. Relief for stormwater device within 100 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. The applicant has included new
stormwater measures that did not exist prior and proposes a new septic system.
5. Whether the alleged difficulty was self -created. The difficulty may be considered self-created.
The applicant proposes the new home to be constructed is 2,160 sq. ft. footprint home with an attached garage.
The project includes patio areas, and a covered walkway section to connect to the adjoining property owners
proposed home –the same individuals own the properties. The new home is to be 3,210 sq ft floor area. The first
floor plan shows dining room area, living room area, kitchen, garage, a bedroom. The second floor shows two
bedrooms, bathrooms, loft area, sauna. The garage is an open area with no second floor. The plans show the
location of the proposed home on the site with associated driveway area, patios, holding tanks, plantings.
Staff comments: