Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 57-2021
Project Applicant: Brett & Pamela West (Main House)
Project Location: 106 Bay Parkway
Parcel History: SP 51-2021; SEP 342-2021; PZ 210-2016; PZ 952016; PZ 89-2016; SP 37-2009; AV
47-2007; SP 39-2007
SEQR Type: Type II
Meeting Date: February 16, 2022
(Revised 1/18/2022) Applicant proposes to demo existing home plus shed and construct a new home with a
5,436 sq. ft. footprint with a garage. Also included is installation of permeable pati o area and a covered
walkway between the two properties. The new floor area will be 8,670 sq. ft. The project includes site work for
new landscaping shoreline and residential house, septic, stormwater management, and permeable driveway area.
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, stormwater device less than 100 ft. from
shore, and second garage port cochere.
The applicant requests relief for construction of a new home needing relief for setbacks, second garage and
stormwater device setback to the shoreline. Project is in the Waterfront Residential zone –WR. Parcel is 0.91
acres. The additional variance noted for the shoreline setback for the infiltration device.
Section 179-3-040 dimensional, 179-5-020 garages, Chapter 147
Revised February 2022. The new home is to be located 46 ft. to the east shoreline, 35 ft. to the west shoreline
where 50 ft. is required. The covered walkway is to be 0 ft. from the west side setback where a 20 ft. setback is
required. The project proposes two garages where only one is allowed – the porte-cochere is considered a
garage due to width of open sides allowing vehicles. Relief is also requested for setbacks for infiltration device
– there are 7 proposed -35 ft, 64 ft, 39 ft, 41 ft, 92 ft, 58 ft, 66 ft where 100 ft is required. Note: Permeability
77.9% is proposed where 75% is required- no permeability relief is requested. The floor area proposed is
8,670 sq. ft. where 8,687 sq. ft. is the maximum size allowed – no floor area relief is 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 locate the
home and stormwater devices in a more compliant location.
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 to east shoreline of 4 ft, west shoreline 15 ft. The covered
walkway 20 ft. Relief for an additional garage. Relief requested for location of stormwater devices less than
100 ft to the shoreline.
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 to demolish an existing building to construct a new home. The first floor plan shows
living room area, kitchen, dining room, the porte-cochere, media room, small office, game room, and a three
bay garage. Note the area labeled wet bar will have no kitchen elements. The second floor plan shows
bathrooms, closets, bedrooms. The garage has been updated to three bays with no second floor area. The
covered walkway extends to the adjoining property also owned by the applicant. The plans show the location of
the new home, driveway area, shed location, plantings, patio areas and holding tanks. The plans also include
elevations and floor plans. The plans also show a lot line adjustment with the adjoining parcel where no changes
to lot size occur for either parcel.
Staff comments: