Staff notes for 8/25/2022
Town of Queensbury Planning Board
Community Development Department Staff Notes
August 25, 2022
Site Plan 35-2022 MORGAN GAZETOS/GREG FRANCIS
2930 State Route 9L / Waterfront Residential / Ward 1
SEQR Type II
Material Review: application, survey, deck drawings, pictures, updated survey
Parcel History: SP 72-2014, AV 85-2014, AV 25-2022
Warren Co Referral Sent: June 2022 / Comments: Concur w/local board.
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Requested Action
Planning Board review and approval for post construction approval of a deck and additional unapproved site
work.
Resolutions
1. PB decision
Project Description
(Revised) Applicant requests approval for construction of a deck addition not constructed per approval.
Additionally, the applicant has completed additional work without approval including deck area near shoreline,
shoreline pathway decking, and a reconstructed shed/changing accessory structure near the shore. The existing
house footprint of 1,285 sq ft to remain the same. The existing decking area today is 1,508 sq ft. where a
previous approval was for 1,116 sq ft. The site work with the additional wooden walkway has an existing square
footage of 2,384 where the proposed is 2,074 sq ft. Updated plans show overlay of existing and previously
approved. Pursuant to chapter 179-3-040, 179-13-010, site plan for hard surfacing within 50 ft of the shoreline
and expansion of a non-conforming structure shall be subject to Planning Board review and approval.
Staff Comments
• Location-The project is located at 2930 State Route 9L on a 0.93 acre parcel
• Arrangement- The existing home per survey is 1,306 sq ft footprint with a deck area of 1,508 sq ft. The
applicant is attempting to correct errors made during the 2014 proposed deck addition to now.
• REVISED for August….Site Design- The applicant has proposed to remove 310 sq of deck area which
primary is the walking path (198 sq ft) deck to the adjoining boathouse, then deck on the boathouse to be
removed (64 sq ft), and the shoreline deck at the dock reduced (48 sq ft). The applicant has had the
surveyor overlay the approved decking on the existing deck where the primary issues are for the work at the
shoreline. The applicant proposes to maintain the 46 sq ft shed in the current configuration, remove the
shoreline deck pathway and replace with mulch, stone landscape areas with native plantings. Also to be
removed is a portion of the lower deck to dock area, and a portion of the boathouse deck area.
• Building – The house will remain the same as no work has been proposed on the house. The existing shed
at the shoreline has been converted to a changing room for the applicant’s elderly parents so to minimize the
walking to and from the house. The shed is now located closer to the deck area.
• Grading and drainage plan, Sediment and erosion control-The applicant proposes no changes to the existing
conditions on the site in regards to grading, drainage. The applicant will install erosion control as necessary
when removing the deck path area.
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•
• Revised for August Landscape plan- The project site is located on Lake George and is subject to the
shoreline buffer review. The applicant has indicated the shoreline deck path is to be removed and replaced
with mulch (permeable walkway) and to install rock rimmed landscape areas with native plantings to be
planted. All existing shoreline vegetation is to remain no other disturbance is proposed. 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
-195 ft of shoreline per survey
-Shoreline buffer 195 ft X 35 ft width is 6825 sq ft
-Shoreline buffer area -6825 /700 = 9.75 round up to 10 –ten large trees at 3 inch diameter
-Ground cover -6825/350 = 19.5 round up to 20 (X7) =140 native shrubs and 20 (X14) herbaceous
plants=280
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
- 195 ft Shoreline X 30%= 58.5 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-There is no lighting proposed or changes to the lighting on the site.
• Site details-The applicant has indicate some of the additional decking was to assist with elderly parents and
since the dock is complete some of the decking can be removed.
• Utility details-There are no changes to the septic or water source for this site.
• Elevations-The applicant has provided photo narrative of before 2014 of deck area and shed. In addition
there are photos for the deck area and the shed after 2014. This shows the shed and shoreline decking were
altered after the original approvals.
• Floor plans-
o Upper Deck and Lower Deck – the deck plans for the as-built survey shows the existing conditions
as of 2022 of 901sq ft. The 2014 approval the upper and lower indicates 828 sq ft was approved
(includes stair areas).
o Shoreline Deck -The shoreline wood deck area on the as built survey indicates the size is 409 sq ft
where the 2014 shoreline deck was to be 288 sq ft
• Waivers-Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h.
signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction
details, p floor plans, 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.
• 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.
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Nature of Variance
1. Upper Deck – The as-built for the upper deck addition indicates is 24 ft from the shoreline where the 2014
approval was for 24.4 ft from the shoreline. Relief needed 25.6 ft for shoreline. Relief is also required for
the side setback where 14.3 ft furthest extent, is proposed and 25 ft is required. The deck addition at the
house 11.2 ft to the side setback where 25 ft is required.
2. Lower Deck-The as-built survey shows the Deck addition to the house the closest point is 22 ft where the
2014 approval was for this portion of the deck to be 22 ft (built as approved)
3. Shoreline Deck – The as built indicates 0 ft from the shoreline for the landing connection to the dock and 6
ft from the shoreline dock to the shoreline. The 2014 approval was for the shoreline deck to be 12 ft from
the shoreline. Relief needed for the landing of 50 ft and the shoreline dock of 46 ft
4. Shoreline Shed – As built indicates the shed of 46 sq ft is 2 ft from the property line. The 2014 approval
indicates an unlabeled square near the shoreline. Relief need for 48 ft.
5. Wooden walkway path from shoreline deck to covered boathouse; length 198 ft and 5 ft to the shoreline
where 50 ft is required. Relief need of 45 ft. Note the 2014 approval does not identify a wooden walkway.
Not subject to variance but additional hard surfacing review under site plan – permeability is greater than 75%
even with the deck additions -
6. Upper and lower deck size 73 sq ft of additional decking – approved was 828 sq ft existing is 901 sq ft
7. Shoreline deck size 121 sq ft of additional decking- approved was 288 sq ft and existing is 409 sq
8. The decking is 392 sq ft in excess of what is approved- specific to the deck elements at the house and
shoreline.
9. Total existing for decking and includes boathouse deck areas and wooden walk existing 2384 sf and
proposed 2074 sf. The applicant has proposed to removed 310 sq ft of deck area; this includes 64 sq ft of
boathouse rear deck, 48 sq ft of the shoreline deck at the dock, and 198 sq ft of the wooden path. (noting the
boathouse decking and the wooden walking path were not in the 2014 calcs).
10. The proposed 310 sq ft removal from the existing unapproved 392 sq ft leaves 82 sq ft over built
Summary
Pending ZBA
Meeting History: PB: 6/21/2022, 8/16/2022; ZBA: 6/22/2022, 8/17/2022