Staff Notes 5/18/22Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 21-2022
Project Applicant: Red's LG, LLC.
Project Location: 7, 9 & 13 Nutley Lane
Parcel History: SEP 37-2021, SP 29-2022
SEQR Type: Type II
Meeting Date: May 18, 2022
Description of Proposed Project:
Applicant proposes to complete alterations to two existing dwelling units on the site and complete construction
of a third dwelling unit on the site. Alterations include 7 Nutley Lane new building of 540 sq. ft. which
includes one bedroom and kitchen, 288 sq. ft. open porch, and 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. with walkout area below; alterations to 13 Nutley Lane include interior alterations (existing floor area
of 2,134 sq. ft. with four bedrooms). Project includes grass depression areas for stormwater management,
shoreline plantings, and construction of a retaining wall. Site plan for new floor area for 7 Nutley Lane,
expansion of nonconforming structure for 9 Nutley Lane, and hard surfacing within 50 ft. of the shoreline.
Relief requested for setbacks, expansion of nonconforming, stormwater devices less than 100 ft. from shoreline,
adding a third dwelling unit, and permeability.
Relief Required:
The applicant requests relief for setbacks, expansion of nonconforming, stormwater devices less than 100 ft.
from shoreline, adding a third dwelling unit, and permeability. The parcel is 0.53 acres and located in the
Waterfront Residential zone —WR.
Section 179-3-040 dimensional, Cha tep r 147
The project work on the buildings includes 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 as it includes a kitchen. Permeability 70.91% is proposed where 75% is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
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. Minor to no impacts to the
neighborhood may be anticipated.
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. Feasible alternatives may be possible to limit the third
dwelling with no kitchen, as a previous survey shows three buildings, however the third building from the
previous survey to the current survey do not match in size or location — the building was smaller. The
setback variances may be limited due to lot shape.
3. Whether the requested area variance is substantial. The relief requested is substantial relevant to the
code. 7 Nutley Lane relief North side setback of 4ft, South side setback of 9 ft. 7 Nutley Lane requires
relief for being a third dwelling on the property. 9 Nutley Lane relief North side setback of 16 ft, South
side setback of 8 ft. 9 Nutley Lane requires relief for expansion of a nonconforming structure. The relief for
permeability is 4.09%. Relief is requested for the stormwater management where 0 ft is proposed and 100 ft
is required. The device is also assisting with bank stabilization.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated. The applicant has received approval for
and has installed a new septic system that accommodates each of the dwelling units on the site.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant requests to maintain after the fact construction of 7 Nutley Lane where an existing cabin with no
kitchen was expanded to be larger including a deck addition and 9 Nutley Lane for deck expansion. The site
was visited by Staff where it was observed the work on the buildings had been started without approvals. The
plans show the buildings and the work that has been almost completed on each of the buildings.
Zoning Board of Appeals
Community Development Department Staff Notes