AV 43-2022 Resolution 8.24.22
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: Dark Bay Lane, LLC
File Number: AV 43-2022
Location: 40 Dark Bay Lane
Tax Map Number: 239.18-1-37
ZBA Meeting Date: August 24, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Dark Bay Lane,
LLC. 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.
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 project
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.
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, August 24, 2022.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties. The reason being this was previously approved and the design had to be changed.
2. Feasible alternatives are really limited, have been considered by the Board, and are reasonable and have
been included to minimize the request.
Relief Required:
3. The requested variance is really not substantial as it kind of blends in and the setback relief is really
minimal.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. We could suggest that the alleged difficulty is self –created, but the reason for this is they were just tearing
down one and building up another.
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or
community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO. 43-
2022 DARK BAY LANE LLC, Introduced by Ronald Kuhl, who moved for its adoption, seconded by John
Henkel:
Duly adopted this 24th Day of August 2022 by the following vote:
AYES: Mr. Urrico, Mr. Kuhl, Mr. Cipperly, Mr. Henkel, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. McDevitt