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Staff Notes 3.16.22Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 5-2022 Project Applicant: Cerrone Land Holdings Project Location: Sherman Avenue Parcel History: SUB 2-2022; SUB 7-2021 SEQR Type: Type I Coordinated Meeting Date: March 16, 2022 Applicant proposes a 45 residential subdivision of a 49.5 acre parcel. The lots range in size from 0.47 ac. to 1.57 acres. The project includes a homeowners association property. There are to be two access points to Sherman Avenue. The sites would have on site septic and be connected to municipal water supply. Project includes a 20 ft. no cut buffer on the north property lines. Planning Board review for a subdivision. Relief requested for lot size and setbacks. The applicant requests relief for lot size and setbacks for a proposed subdivision in the Moderate Density Residential zone. MDR. Parcel is 49.5 acres. Section 179-3-040 Dimensional The applicant proposes 45 residential lots ranging in size from 0.47 ac to 1.57 ac where a two acre lot minim um is required where lots do not have access to both sewer and water. The project has access to municipal water but will have on-site septic systems. In addition, relief is requested for the setbacks for Moderate Density Zone - Rear setback required is 30 ft. proposed is 20 ft., Side setback required is 25 ft. and 15 ft. is proposed, the front setback of 30 ft. is not proposed to change. 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. The project would have minimal to moderate impact on the neighboring properties. The applicant has indicated some lot sizes are similar to adjoining neighborhoods. 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 are available to develop the parcel with compliant lots. 3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. The number of allowable lots would be 22. The setback relief would be 10 ft to the rear and 10 ft to the sides. Lot size relief from 1.43 ac -0.43 acres. 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 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 project would convert an existing leaf dump to residential lots. 5. Whether the alleged difficulty was self -created. The project as proposed may be considered self-created. The applicant proposes a 45 lot subdivision for a 49.5 acre parcel. The plans show the lot arrangement with two access points to Sherman Avenue. The lot arrangement also shows the Homeowners Association land and the applicant has noted services would be part of the agreement i.e. garbage removal, septic pump outs etc. The board may wish to discuss constrains of the property for decks, pools, sheds as common accessory buildings. Staff comments: