Staff Notes 9/21/22Town 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:
September 21, 2022
Description of Proposed Project:
(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
reduced to 330 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 2,053 sq. ft. with four bedrooms). Total floor area 3,791 sq. ft. Project includes grass
depression areas for stormwater management, shoreline plantings, construction of a retaining wall, and
reduction in hard surfacing. 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, and height for 7 Nutley Lane.
Relief Required:
Revised. The applicant requests relief for setbacks, expansion of nonconforming, and height of 7 Nutley Lane.
The parcel is 0.53 acres and located in the Waterfront Residential zone —WR.
Section 179-3-040 dimensional, Chapter 147
Revised — 7 Nutley Lane would be reduced with no kitchen, building size reduced, deck size reduced to meet
setbacks. 7 Nutley Lane would be 19 ft in height and would require a height variance for being greater than 16
ft for an accessory structure. 9 Nutley Lane building work would be 4 ft to the north property line where a 20 ft
setback is required; and 12 ft to the south property line where a 20 ft setback is required. Expansion of non-
conforming for 7 and 9 Nutley Lane. Permeability existing is 67. 78% and improved to 69. 60% proposed where
75% is required- noting no relief is required as the site is improving the permeability on site.
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. 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. 9 Nutley Lane relief North side setback of 16 ft, South side setback of 8 feet. 9 and 7 Nutley Lane
requires relief for expansion of a nonconforming structure. The device is also assisting with bank
stabilization. Accessory structure size relief for height of 2 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.
Staff comments:
The applicant requests to maintain after the fact construction of 7 Nutley Lane revised with no kitchen with the
building and deck reduced in size, then 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.
Zoning Board of Appeals
Community Development Department Staff Notes