Staff Notes for 5/26/2022
Town of Queensbury Planning Board
Community Development Department Staff Notes
May 26, 2022
Site Plan 29-2022 REDS LG, LLC.
7, 9, & 13 Nutley Lane/ Waterfront Residential/ Ward 1
SEQR Type II
Material Review: application, survey, floor plans, elevations, site plans
Parcel History: SEP 37-2021, AV 21-2022
Warren Co Referral Sent: May 2022/ Comments: NCI
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Requested Action
Application to be tabled to the second meeting in July pending ZBA review.
Planning Board review and approval for completion of existing alterations in process on two structures and new
construction of a third.
Resolutions
1. PB decision
Project Description
Applicant proposes to complete alterations to two existing dwelling units on the site and complete construction
of third dwelling unit on the site. Site work had started on all three buildings prior to review. Alterations include
7 Nutley Lane new building of 540 sq ft of one bedroom and kitchen, 288 sq ft open porch, 24 sq ft covered
entry area; Alterations to 9 Nutley Lane 704 sq ft footprint with two bedrooms and kitchen (floor area of 1,408
sq ft, new open deck of 440 sq ft - walkout area below; interior alterations for 13 Nutley Lane existing floor
area 2,134 with four bedrooms. Project includes grass depression areas, shoreline plantings, construction of a
retaining wall of 72 ft in length at 1.8 ft in height. Project subject to site plan for new floor area for 7 Nutley
Lane, expansion of non-conforming structure for 9 Nutley Lane, hard surfacing within 50 ft of the shoreline;
Project subject to area variance for setbacks for 7 and 9 Nutley Lane, expansion of non-conforming, stormwater
devices less than 100 ft from the shoreline, adding a third dwelling unit- kitchen, and permeability. Pursuant to
Chapter 179-3-040, 179-6-065, 147, shall be subject to Planning Board review and approval.
Staff Comments
• Location-The project is located on one parcel with 3 addresses for each building at 7, 9, 13 Nutley Lane.
The parcel 0.53 acres.
• Arrangement- The site has three buildings on the property with parking and access toward the east property
line near Route 9L
• Site Design- The applicant proposes stormwater management on shoreling plantings as part of the project.
• Building - 7 Nutley Lane is considered a new building as a one story with new floor area at 540 sq ft and a
288 sq ft deck. 9 Nutley Lane already constructed 440 sq ft open deck with a704 sq ft footprint and 1,408
sq ft floor area.
• Grading and drainage plan, Sediment and erosion control-The plans show a rip rap area to be installed at the
shoreline. The site has areas that are 15% or greater.
- 2 -
•
• Landscape plan-The plans show additional shoreline plantings to be installed and the existing plantings are
to remain. Below are the guidelines from the shoreline buffer code section
o Shoreline Buffer - Section 179-8-040
-Minimum width 35 ft (Lake George)
-For every 700 sqft of shoreline buffer area –one large tree minimum 3 inches in diameter
-For every 350 sq ft of ground cover -7 – 24 in native shrubs; 14 herbaceous plants
Project site
-78 ft of shoreline per RPS
-Shoreline buffer 78 ft X 35 ft width is 2730 sq ft
-Shoreline buffer area -2730 /700 = 3.9 round up to 4–four large trees at 3 inch diameter
-Ground cover -2730/350 = 7.8 round up to 8 (X7) =56 native shrubs and 8 (X14) herbaceous
plants=112
o Shoreline Cutting restrictions- Section 179-6-050
- Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75
ft whichever is less
- 78 ft Shoreline X 30%= 23.4 feet of the shoreline buffer cut to allow a view, access and to reduce
runoff (such as angled across the lot).
- Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable
within the 30%/75 ft cut area.
• Site lighting plan-The applicant has indicated site lighting to be residential and down cast.
• Site details-The previous survey for the site did note three buildings however not as described in the current
proposal.
• Utility details-The three units are on one septic system and have water drawn from the lake.
• Elevations-The elevations are provided for all three buildings
• Floor plans-The floor plans for all three buildings are provided.
• Waivers-Planning staff has reviewed the applicants request for waivers that include items, h. signage, n
traffic, q. soil logs, r. construction/demolition disposal s. snow removal.
• The waivers requested–Staff finds it reasonable to request a waiver as these items are typically
associated with commercial projects. The applicant has provided information for g. site lighting, j.
stormwater, k. topography, l. landscaping, o. commercial alterations/ construction details, p floor plans
• Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the
written request of an applicant. The Board is to review the waivers and to determine if they are to be
granted.
Nature of Variance
The project work existing and proposed requires relief: Setbacks for 7 Nutley Lane area 16 ft to the north
property line and for 9 Nutley Lane 4 ft to the north property line where a 20 ft setback is required; on the south
property line 7 Nutley Lane area 11 ft to the south property line and for 9 Nutley Lane 12 ft to the south
property line where a 20 ft setback is required. Expansion of non-conforming. Stormwater device of stone rip
rap at the shoreline where a 100 ft setback is required. Also 7 Nutley Lane for adding a third dwelling unit-
kitchen. Permeability 70.91% is proposed where 75% is required.
Summary
Application to be tabled pending ZBA.
Meeting History: PB: 5/17/2022; ZBA: 5/18/2022