Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 46-2022
Project Applicant: Jeffrey Randles
Project Location: 42 Old Assembly Point Road
Parcel History: AV 36-2022, SP 51-2022
SEQR Type: Type II
Meeting Date: September 21, 2022
Description of Proposed Project:
Applicant proposes alterations to an existing single family home with removing the first story down to the first
floor and to reconstruct the first floor with a second story, additional basement area and an attached garage
using the existing foundation. New floor area to be 6,968 sq. ft. and the total footprint of the new house to be
3,348 sq. ft. The main floor would alter the north side with a new dining area and a new garage. The south side
bedroom areas to be added to the footprint of the structure. The second floor would include additional living
space and storage. The project includes stormwater management and shoreline plantings. Site plan review for a
new floor area and alterations to the existing home shall be subject to Planning Board review and approval.
Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks from the shoreline to the new construction. Parcel is 0.83 acres and in
the WR zone.
Section 179-3-040 dimensional, 147 stormwater
The applicant proposes the new home on the existing foundation. The home on the west side would be 51 ft.
from the shoreline where 56.1 ft. is required due to the adjoining home setback. Relief already granted for the
home is to be 8 ft. where 20 ft. is required to the north side. Also already granted was the stormwater devices
setback for 48 ft. and 88 ft. where 100 ft. setback is required.
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 possible to locate the
home in a compliant location.
3. Whether the requested area variance is substantial. The relief requested may be considered minimal
relevant to the code where the relief is 4 ft to the home.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to have
minimal impact on the physical or the environmental conditions of the area. The project includes adding
stormwater management to the site. The project has been provided to the Town Designated Engineer and
engineering sign -off has been provided.
5. Whether the alleged difficulty was self created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes project work to remove a portion of the existing home for the construction of the first
and second floor. The plans show the elevations and floor plans. The previous plan had shown a shoreline
setback to a different mark where an updated survey shows the setback distance to the mean high water mark.
Zoning Board of Appeals
Community Development Department Staff Notes