Staff Notes 8.24.22Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.:
43-2022
Project Applicant:
Dark Bay Lane, LLC.
Project Location:
40 Dark Bay Lane
Parcel History:
SP 58-2022; AV 56-2021; SP 48-2021
SEQR Type:
Type II
Meeting Date:
August 17, 2022, moved to August 24, 2022
Description of Proposed Project:
Applicant proposes to demolish an existing 2,000 sq. ft. home to construct a new home with a house footprint of
2,658 sq. ft. The new floor area is to be 4,378 sq. ft. The project includes a new septic system, update to
parking and shared access arrangement, shoreline planting areas, and stormwater management. Site plan for
new floor area in a CEA and hard -surfacing within 50 ft. of the shoreline. Relief is requested for setbacks, floor
area, and permeability.
Relief Required:
The applicant requests relief for setbacks, floor area, stormwater device within 100 ft. of shoreline. The
property is located in the Waterfront Residential zone, WR on a 0.44 ac parcel.
Section 179-3-040, Chapter 147 supplemental minor protect
The project is for a tear down new build in the same location as the original project where the applicant found
that the additions to be added the existing home couldn't support. The new deck is to be located 22.8 ft from
the shoreline and the proposed main house is to be 31.3 ft setback where a 75 ft setback is required. North
office/study side is to be 19.4 ft to the side and the South side main house side proposed 16.5 ft setback where a
20 ft setback is required. Floor area is proposed to be 4,378 sq ft or 22.75% where the maximum allowed is
4,233 sq ft or 22%. Permeability — no variance is required but should be noted the existing is 57.5% and the
proposed is 60.1 % where a 75% is required — the project improves site permeability and not subject to a
variance.
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 considered to reduce the
floor area request; the existing home location may limit the alternatives to the improvements to the shore
side of the home.
3. Whether the requested area variance is substantial. The request for relief may be considered moderate
relevant to the code. The relief requested for the deck to the shoreline is 52.2 ft and to the home is 43.7 ft,
floor area is 0.75% in excess, side setback for the screen porch of 0.6 ft and the house improvement side
setback of 3.5 ft.
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 project includes stormwater
management and additional plantings.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The new home to be constructed is to be in a similar location as the current home. The existing floor area of
2,650 sq ft and the new floor area to be 4,378 sq ft. The height is to be 27.92 ft. The project includes rain
garden, shallow grassed depression and permeable pavers to assist with stormwater management. The materials
have been provided to the Town Designated engineering for review and comment
Zoning Board of Appeals
Community Development Department Staff Notes