Application Description900 Route 146 Clifton Park, NY 12065
(P) 518.371.7621 (F) 518.371.9540 edpllp.com
Application Description
Subdivision Modification
Abele Property – 3 & 10 Polk Drive
In 1993 the 2.14-acre property in the Waterfront Residential (WR) zoning district
now known as 3 & 10 Polk Drive was subdivided by action of the Town of
Queensbury Planning Board (Subdivision 5-1993) into two lots of 1.0 and 1.14 acres
in size. At that time the shoreline setback standard for the WR zone was 75’.
Please refer to the attached print of that 1993 approved subdivision plan. In 1997
+/- the Town of Queensbury revised certain lot standards in the WR zone which
included shoreline setback. The new (and current) standard became 50’. By policy
and practice the shoreline setback standard for property subdivided under the prior
regulations were deemed to hold. So, the shoreline setback for those two new lots
remains at 75’. Curiously not any other of the revised standards (side yard
setbacks, building height) fell under that same practice.
The parcel at 3 Polk Drive (Cottage lot) has already been approved for
redevelopment and is nearing completion. Those approvals included a variance for
shoreline setback granted by the ZBA to allow a house placement at a 50’ setback.
Now that the Owner is contemplating redevelopment of the parcel at 10 Polk Drive
he would like to know that as he plans for the design of the new house it can be
based on a 50’ shoreline setback as opposed to the old standard of 75’. Note that
all other Assembly Point, Cleverdale and Rockhurst parcels are now subject to 50’
setbacks (or the average setback of the two adjacent parcels) unless they too were
created under a pre-1997 Town subdivision approval. Please also note that the
existing house on this parcel currently has a shoreline setback of 14’.
As this revision can be completed either by subdivision modification or by variance
request it is a more efficient approach for the owner to go the ‘subdivision
modification’ route as the variance request requires the specific design of the
house to be completed with the uncertainty of approval in play. A subdivision
modification approval to the 50’ shoreline standard would allow the design to
proceed knowing the house location is within the acceptable building envelope.