Staff Notes for 10/18/2022
Town of Queensbury Planning Board
Community Development Department Staff Notes
October 18, 2022
Site Plan 64-2022 & Don Bernard
Freshwater Wetlands 12-2022 20 Brayton Lane / Waterfront Residential / Ward 1
SEQR Type II
Material Review: application site plan and freshwater wetland, site plan drawings,
elevations, floor plan, site data, floor area floorplans, elevations and site
drawings
Parcel History: AV 61-2019, SP 79-2019, FWW 8-2019, AV 47-2022
Warren Co Referral Sent: October 2022 / Comments: _________
__________________________________________________________________________________________
Requested Action
Recommendation to the Zoning Board of Appeals
Resolutions
1. Recommendation
Project Description
Applicant proposes to construct a new single family home of 730 sq ft with a deck/porch area of 885 sq ft. The
new floor area to be 2,643 sq ft. The applicant’s previous home has been demolished as per original approval
that expired in June 2022. The applicant proposes the same project with the construction of a new home and
maintaining the existing outbuildings. Pursuant to chapter 179-3-040, 179-6-065 & 9, site plan for a new floor
area in a CEA, hard surfacing within 50 ft of the shoreline and work within 100 feet of wetlands shall be subject
to Planning Board review and approval. Variance: Relief is sought for setbacks. Planning Board shall provide a
recommendation to the Zoning Board of appeals.
Staff Comments
• Location-The project site is located at 20 Brayton Lane- south of the Lake George Boat Company Marina
• Arrangement- The existing parcel is 0.28 acres where the existing home has been demolished and a new
home to be constructed. The project site will retain the existing wood deck on the shore side and a garage.
There are accessory buildings to be removed as part of the project. The previous approval had expired for
the project.
• Site Design- The applicant proposes to construct the new home in a similar area of the property.
• Building –The new home is to be 730 sq ft footprint with a floor area of 2,643 sq ft.
• Site conditions-The applicant has indicated the new home is to be in a similar location as the previous home.
The plans show new areas of low native plantings, a rain garden area and areas of vegetation to remain. The
existing garage is to remain, four sheds to be removed and one shed to remain. The plans show a lawn area
around the proposed home.
• Site layout and utility plan- The plans indicate a new septic system and well are to be installed. The septic
plan provided. During discussion with the septic design it was indicated the properties near the septic
system draw water from the lake.
• Grading and drainage plan, Sediment and erosion control - The plans indicated there is to be eave trenches
for the home to drain to a new foundation drain. The plans indicate there is to be hay bail and filter fabric
protections for erosion control to the lake. The project was not referred to the Town Designated Engineer
for the previous review. The project remains the same as previously approved.
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• Landscape plan – The applicant has shown new planting areas and areas to remain with existing vegetation.
• Shoreline Buffer requirements under 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
-24 ft of shoreline per survey
-Shoreline buffer 24 ft X 35 ft width is 840 sq ft
-Shoreline buffer -840 /700 =1.2 round up to (2)two large trees at 3inch diameter
-Ground cover -840/350 =2.4 round up to 3 (X7) =21native shrubs and 3(X14) herbaceous plants=42
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
- 24 ft Shoreline X 30%= 7.2 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.
• Elevations –The elevations show the patio area and the elevations of portion of the building indicating the
height.
• Floor plans –the applicant has included floor plans for the floors in the home.
• Waivers-Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h.
signage, j. stormwater, k. topography, n traffic, o. commercial alterations/ construction details, p floor
plans, q. soil logs, 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.
• 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 Wetlands
The project occurs within 100 ft of an APA designated wetland. The wetland occurs on the adjacent property –
Lake George Boat Company and a Trust. The shape of the lot and location of the home are within 100 of the
wetland area. There is no work proposed in the wetland.
Nature of Area Variance
The parcel is an odd shape lot where the new home relief is requested from two sides where a 12 ft setback is
required –North side where a 9 ft setback, front setback proposed is 22 ft where 30 ft is required.
Summary
The Planning Board is to provide a recommendation to the ZBA in regards to the relief requested for setbacks
SP 79-2019, FWW 8-2019, AV 61-2019: Meeting History: PB: 1/21/2020, 1//28/2020; ZBA: 1/22/2020,
6/17/2020;
Meeting History: 1st Meeting