Staff Notes for 8/16/2022
Town of Queensbury Planning Board
Community Development Department Staff Notes
August 16, 2022
Site Plan 51-2021 & Brett & Pamela West (Main House)
Freshwater Wetlands 10-2022 106 Bay Parkway/ Waterfront Residential/ Ward 1
SEQR Type II
Material Review: application, site plans, floor plans, elevations, deed, stormwater
management report, freshwater wetland permit application, revised plans
November, December, January, March, April, July 2022
Parcel History: AV 47-2007, SP 39-2007, SP 89-2016, SP 210-2016, AV 95-2016, AV
57-2021, SP 52-2021, AV 30-2022
Warren Co Referral Sent: July 2022 (FWW) /Comments: Concur w/local board. Informal staff
comments relating to identifying wetlands area and compliance with DEC
guidelines.
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Requested Action
Recommendation to the Zoning Board of Appeals
Resolutions
1. Recommendation
Project Description
(Revised 6/15/2022) Applicant proposes to demo existing home and shed to construct a new two story home
with a 5,436 sq ft footprint with a garage. Also included is installation of permeable pavers for patio, driveway
areas and a covered walkway between the two properties. The new floor area will be 8,670 sq ft where the
maximum allowed is 8,687 sq ft. The project includes site work for new landscaping shoreline and residential
house, septic, and stormwater management. Additionally, work to be done is within 100 feet of a designated
wetland. Pursuant to chapter 179-3-040, 179-6-065, Chapter 94, Chapter 147, site plan for a new floor area in a
CEA, work adjacent to wetland, and hard surfacing within 50 ft of the shoreline shall be subject to Planning
Board review and approval. Variance: Relief is sought for setbacks to wetland. Planning Board shall make a
recommendation to the Zoning Board of Appeals.
Staff Comments
• Location-The project is located at 106 Bay Parkway on a parcel of 0.91 acres.
• Arrangement- The project involves a tear down and construction of a new home. The project includes
installation of a new septic system, stormwater management, and drive-way area. The existing home is a
log style home building approximately in 1941. The project plans show the location of hard-surfacing site
work within 50 ft of the shoreline.
• Building – The home to be constructed is 5,436 sq ft footprint includes a porte-cochere and an attached
garage. The patio are to be installed is 1,800 sq ft. The project includes a covered walkway of 692 sq ft
that is to extend from the proposed house to a new home on the adjoining property. The new floor area is
8,670 sq ft.
• Site conditions-The property is an odd configuration where most of the site will be disturbed for
construction but minimal disturbance of the shoreline.
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•
• Grading and drainage plan, Sediment and erosion control-The project includes 0.54 acres of disturbance and
plans show the silt fence location on the property. The grading of the property is also shown between 323 to
325 for the finished floor. The project is subject to a major stormwater permit as the project consists of
greater than 15000 sq ft of disturbance. The plans show the rain garden locations. The applicant has
provided an updated response package for the Town Designated Engineer to review.
• Landscape plan- The project site is located on Lake George and is subject to the shoreline buffer review.
The applicant has indicated a new set of plantings to occur around the house. No plantings along the
shoreline are to be removed. There are some new plantings on the east shoreline 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
-465 ft of shoreline per survey
-Shoreline buffer 465 ft X 35 ft width is 16,275 sq ft
-Shoreline buffer area -16,275 /700 = 23.25 round up to 24 –twenty-four large trees at 3 inch diameter
-Ground cover -16,275/350 = 46.5 round up to 47 (X7) =329 native shrubs and 47 (X14) herbaceous
plants=658
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
- 465 ft Shoreline X 30%= 139.5 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-Lighting information was not provided and Staff suggests confirming residential light
fixtures are downward cast cutoff.
• Utility details-The plan shows anew holding tank system to be installed. Approved by the local BOH. The
water supply is drawn from the lake.
• Elevations-The elevations show the view of the home, an attached porte cochere (second garage), an
attached garage and the covered open walkway.
• Floor plans-The first floor plan shows, living room area, kitchen, dining room, the porte-cochere, media
room, small office, game room, and a three car garage. Note the area labeled wet bar will have no kitchen
elements. The second floor plan shows bathrooms, closets, bedrooms, and the garage area will be open with
no second floor.
• Waivers-Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h.
signage, n traffic, o. commercial alterations/ construction details, 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. The applicant has provided information on j. stormwater, k.
topography, l. landscaping p floor plans, q. soil logs.
• 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.
Freshwater Wetland
The applicant has provided an updated plan showing the location of the wetland area. The wetland area is about
1,019 sq ft as noted on the Freshwater wetland permit. The APA and the Army Corp have indicated the area as
non- jurisdictional.
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Nature of Variance
Granted 3/23/2022. The new home is to be located 46 ft. to the east shoreline, 35 ft. to the west shoreline where
50 ft. is required. The covered walkway is to be 0 ft. from the west side setback where a 20 ft. setback is
required. The project proposes two garages where only one is allowed – the porte-cochere is considered a
garage due to width of open sides allowing vehicles. Relief is also requested for setbacks for stormwater
devices. Note: Permeability 77.9% is proposed where 75% is required- no permeability relief is requested. The
floor area proposed is 8,670 sq ft where 8,687 sq ft is the maximum size allowed – no floor area relief is
requested.
New Variance
Applicant proposes the garage section of the home to be located 10 ft from the wetland area where 50 ft is
required and relief from the shallow depression area is also being requested.
Summary
The applicant proposes a new variance requiring the recommendation from the Planning Board to the Zoning
Board for setback relief for the building to the wetland and shallow depression area.
Meeting History: PB: 9/28/2021, 11/16/2021, 12/16/2021, 2/22/2022, 3/29/2022, 4/26/2022, 5/19/2022; ZBA:
9/29/2021, 10/27/2021, 12/15/2021, 2/16/22, 3/23/2022