Cover LetterALAN R. RHODES
PHILIP C. MCINTIRE
MARK A. LEBOWITZ
J. LAWRENCE PALTROWITZ
MALCOLM B. O’HARA
PATRICIA E. WATKINS
MARK E. CERASANO
BRUCE O. LIPINSKI
PAULA NADEAU BERUBE
JONATHAN C. LAPPER
JAMES R. BURKETT
STEFANIE DILALLO BITTER
KARLA WILLIAMS BUETTNER
JOHN D. WRIGHT
BARTLETT, PONTIFF, STEWART & RHODES, P.C.
ATTORNEYS AT LAW
P.O. BOX 2168
ONE WASHINGTON STREET
GLENS FALLS, NEW YORK 12801-2168
TELEPHONE (518) 792-2117
FAX (518) 792-3309
EMAIL info@bpsrlaw.com
WEBSITE www.bpsrlaw.com
SERVICE BY FACSIMILE NOT ACCEPTED
GREGORY J. TERESI
VICTORIA M. CRAFT
ALEXANDRA C. DAVIS
BENJAMIN R. PRATT, JR.
OF COUNSEL
ROBERT S. MCMILLEN
RETIRED
RICHARD J. BARTLETT
1926-2015
PAUL E. PONTIFF
1930-2021
ROBERT S. STEWART
1932-2001
BERTRAM J. DUBE
1916-1999
May 16, 2022
Mike McCabe, Chairman Stephen Traver, Chairman
Zoning Board of Appeals Planning Board
Town of Queensbury Town of Queensbury
742 Bay Rd. 742 Bay Road
Queensbury, NY 12804 Queensbury, NY 12804
Re. Orban Meghan & Stephen
21-25 Duncan Cove Road, Queensbury, NY 12084
Site Plan and Area Variance
Dear Chairman McCabe and Traver:
Please be advised that the Orbans purchased the above mentioned property in January. Currently
on the property are two residences and a free standing garage. The Orbans are seeking to demolish
these structures and construct a home which will be 2 stories in height and 4,267 square feet in size.
The home itself will meet all required setbacks. The Orbans will also be placing a compliant septic
system on the property with the redevelopment of the parcels and maintaining their water supply
from the Lake.
The proposed redevelopment will bring this property more into conformity than it currently exists.
However, the suggested modifications do require two variances. One is the proposed setback for
the stormwater systems are within the 100 foot setback to the Lake. In addition, the Orbans are
proposing a hot tub within their patio area adjacent to their home. Due to this being defined as a
pool, and this lot having multiple front yards, it will require relief from 179-5-020.
It is our position that when the Zoning Board reviews the balancing test relative to this application
they will determine that the benefit to the applicant outweighs any detriment that could be deemed
to be created by this request. No undesirable change will be produced in the character of the
neighborhood by the redevelopment plan proposed. This proposal will actually be an improvement
to the overall condition of the property. This benefit can only be achieved with the variances sought.
Existing site restrictions such as relatively small size of site, groundwater conditions and required
separations to septic systems result in limited locations available for stormwater infiltration devices.
The qualification of the hot tub as a pool, makes placing it by the shoreline not feasible without a
variance, since the shoreline is viewed as the front yard. The variances sought should not be deemed
as substantial, since they both are due to characteristics that exist with the parcel. In addition, in
Page Two
May 16, 2022
viewing the project as a whole, the granting of these variance should not be deemed substantial with
the large number of improvements that are included in this redevelopment plan. The variances
sought will not have an adverse effect or impact on the physical conditions and or environment since
this will incorporate proper stormwater devices on the site which match the neighboring properties.
As well as the fact that, placing a hot tub on the lakeside is the most logical and reasonable place
for it to be. Finally the alleged difficulty should not be viewed as self-created since the proposed
re-development will be bringing the property more into conformity than it currently exists.
Please find the Variance Application as well as Site Plan Application contained within this packet
together with the required plans and Application fees. Please place this on your June agenda. If you
need anything further please contact me.
Sincerely,
Bartlett, Pontiff, Stewart & Rhodes, P.C.
Stefanie DiLallo Bitter
Direct Line: (518) 832-6419
Direct E-mail: sdb@bpsrlaw.com
SDB