Staff Notes
Department of
Community Development
Queensbury Planning Board
Staff Notes
March 27, 2012
APPLICATION: Subdivision 8-2008 Modification
APPLICANT: Christine Mozal & Donald Marshall
REQUESTED ACTION: Recommendation to the Zoning Board of Appeals concerning the relief
requested in the variance application as well as the potential impacts of this
project on the neighborhood and surrounding community
LOCATION: 99 Fitzgerald Road
EXISTING ZONING: WR-Waterfront Residential
SEQRA STATUS: Unlisted or reaffirm previous SEQR findings (7/7/09)
PARCEL HISTORY: SP 03-2010: Exp. N/C structure in a CEA Pending
AV 10-2012 Lot size and setback relief Approved 3/21/12
AV 9-2012: Shoreline and side setback relief Approved 3/21/2012
AV 04-2010: Removal/replacement of existing decks & stairways, addition
of a 112 +/- sq. ft. deck adjacent to shoreline. Relief shoreline, sideline
setback requirements & expansion of a nonconforming structure. 3/7/2010
SUB 8-2008 2 lot subdivision Approved 7/7/09
AV 70-2008: 2 lots subdivision. Relief from density, lot size, and road
frontage requirements requested. 11/19/08
SP 34-1991: 6/18/91
PROJECT DESCRIPTION: Subdivision: Applicant proposes a lot line adjustment involving a total of 3
lots of which two lots are associated with a previously approved subdivision. Modification to a previously
approved subdivision requires Planning Board review and approval.
STAFF COMMENTS: This boundary line adjustment is associated with property owned by Donald
Marshall and Christine Mozal and stems from the project to remove and replace stairs and decks on the
Marshall property. Currently the west property line bisects the existing dwelling on the Marshall parcel
and the existing shed is located totally on the Mozal parcel. It is the intent of this boundary adjustment to
have all structures not encroaching on the lands of Mozal and placed within the boundary of the newly
adjusted parcel. On March 21, the Zoning Board of Appeals approved A.V. 9-2012 which dealt with
setback relief for Marshall and A.V. 10-2012 which dealt with lot size and setback relief for both Marshall
and Mozal; please see attached resolutions.
Additional Comments:
1.The boundary line adjustment is also considered a subdivision modification for the Lands of Mozal
(SUB 8-2008). As the modification to the subdivision did not include a straight square foot to
square foot exchange, two of the three proposed parcels are considered non-compliant with current
zoning and will require relief as stated above. With the exception of the lot size variance, all
variances associated with the Marshall deck project to be reviewed separately under Area Variance
9-2012 and Site Plan 3-2010.
2.Density calculation should be considered.
Application Protocol
3/20/2012: PB recommendation to ZBA; Reaffirm SEQR
3/21/2012: ZBA review
3/27/2012: PB review
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