Staff Notes_PB Recommendation
Department of
Community Development
Queensbury Planning Board
Staff Notes
May 15, 2012
APPLICATION: Site Plan 26-2012 / Area Variance 24-2012
APPLICANT: Kevin & Ann Dineen
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: 149 Birdsall Road
EXISTING ZONING: Waterfront Residential
SEQRA STATUS: Type II
WARREN CO. REFERRAL: N/A
PARCEL HISTORY: AV 24–12: Pending
SP 11-07: Replacement and improvements to the retaining walls, patio,
walks and step system. Site Plan for filling and hard surfacing within 50
feet of the lake. Also Site Plan for vegetation removal within 35 feet of
the shoreline Approved 4-26-07
AV 29-97: New roof, deck addition –shoreline setback relief 5-28-97
SP 37-92: 12 x 12 addition 7/21/92
AV 60-92: 12 x 12 addition-shoreline setback relief 6-24-92
PROJECT DESCRIPTION: Site Plan: Applicant proposes a 96 square foot residential addition to existing
single family dwelling. Expansion of non-conforming structure in a CEA requires Planning Board review and
approval. Variances: Relief requested from shoreline setback & permeability requirements of the WR zone.
Further, relief for the expansion of a non-conforming structure in a CEA. Planning Board shall provide a
recommendation to the Zoning Board of Appeals.
STAFF COMMENTS: Although the project is small in nature, the site is currently over built relative to code
with existing permeability calculated at 64.7%; the addition will add 96 square feet of impermeable cover which
results in a proposed permeability calculated at 64.4%. Consideration should be given to increasing
permeability by removing hard surfacing that currently exists on-site.
Concerning the requirement that a written certification from a Licensed Professional be provided for septic
compliance, the applicant has provided sign-off on cover page.
Nature of Area Variance:
Parcel will require area variances as follows:
1.Shoreline setback – Relief request for 4.2 feet of relief from the 50 foot shoreline setback requirement of
the WR Zone as per §179-3-040.
2.Permeability – Relief requested for an additional 96 square feet of hard surfacing resulting in an
decrease of permeability from 64.7% to 64.4%; Permeability required is 75% as per §179-3-040.
3.Expansion of a non-conforming structure – Any relief for the expansion of a non-conforming structure
requires relief from the Zoning Board of Appeals as per §179-13-010.
Site Plan Review:
No immediate concerns.
Application Protocol
5/15/2012 PB Recommendation to ZBA
5/16/2012 ZBA review
5/17/2012 PB review
L:\Keith Oborne\2012 Staff Notes\Planning\May 15\SP 26-12 Dineen_PBR_AV 24-12.doc
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