Staff notes for 7/20/22Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 21-2022
Project Applicant: Reds LG, LLC.
Project Location: 7, 9 & 13 Nutley Lane
Parcel History: SEP 37-2021, SP 29-2022
SEQR Type: Type II
Meeting Date: July 20, 2022
(Revised) Applicant proposes to complete alterations to two existing dwelling units on the site and complete
construction of a bunkroom with no kitchen on the site. Alterations include 7 Nutley Lane new building of 540
sq. ft. which includes one bedroom, 184 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,
an oversized accessory structure, and permeability.
Revised. The applicant requests relief for setbacks, expansion of nonconforming, stormwater devices less than
100 ft. from shoreline, completion of a bunk house –no kitchen, and permeability. The parcel is 0.53 acres and
located in the Waterfront Residential zone –WR.
Section 179-3-040 dimensional, Chapter 147
Revised – no kitchen in 7 Nutley would be considered a bunk house; reduced size of deck at 7 Nutley to 184 sq
ft. 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 10 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 shallow grass depressions at 19 ft from the shoreline where a 100 ft setback is required. 7 Nutley Lane
converted to a bunk house with no kitchen. In addition the deck on at 7 Nutley has been reduced to meet the
setbacks. Relief for an accessory structure of 540 sq ft of 7 Nutley Lane greater than 500 sq ft maximum size
allowed. Permeability existing is 67.78% and improved to 68.77% proposed where 75% is required- noting no
relief is required as the site is improving the permeability on site.
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.
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
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 third dwelling has removed the kitchen as part of
the revision. The setback and permeability variances may be limited due to lot shape and location of the
buildings on the site.
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 10 ft. 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. . Relief is requested for the stormwater management 81 ft. The device is also
assisting with bank stabilization. Accessory structure size relief for 40 sq ft. No permeability relief is
requested.
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 and the bunk house on
the site.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
The applicant requests to maintain after the fact construction of 7 Nutley Lane revised with no kitchen and a
smaller deck and 9 Nutley Lane for deck expansion. The plans show the buildings and the work that has been
almost completed on each of the buildings. The plans show revision with additional stormwater management
on the site and shoreline plantings.
Staff comments: