AV 38-2022 Resolution 10.19.22
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: Brett & Pamela West
File Number: AV 38-2022
Location: 106 Bay Parkway
Tax Map Number: 226.15-1-17
ZBA Meeting Date: October 19, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Brett & Pamela
West. Applicant proposes to demo existing home plus shed and construct a new 2 story home with a 5,436 sq.
ft. footprint with a garage. Also included is installation of permeable pavers for patio and 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. Lot line adjustment but no change to lot size. Area variance granted
3/23/2022 for setbacks, number of garages, and stormwater device setbacks. Revision to Site Plan to include
Freshwater wetlands work within 100 ft. of a designated wetland. Relief requested for wetland setback.
The applicant requests relief for construction of a new home needing relief for setbacks to wetlands. Project is
in the Waterfront Residential zone –WR. Parcel is 0.91 acres.
Section 179-3-040 dimensional Chapter 94 Wetlands
The new home garage is to be located 10 ft from the wetland boundary where a 50 ft setback is required. The
depression area is proposed to be 5.5 ft from the wetland where a 100 ft setback is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on July 20, 2022, August 24, 2022, September 21, 2022, and October
19, 2022.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties. The Great House design and the installation of stormwater controls I think really makes an
improvement to the character of the neighborhood.
2. Feasible alternatives have been considered by the Board but do not meet the needs of the applicant.
3. The requested variance could be considered substantial. However, I believe not because properties have
existed closer than 100 feet to this wetland for quite a period of time.
Relief Required:
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
We believe that the control of stormwater runoff is a vast improvement in the environmental conditions.
5. The alleged difficult is, of course, self-created. Not entirely. Part of it was created when the property was
initially established a long time ago.
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) the resulting detriment to the health, safety and welfare of the neighborhood or
community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO. 38-
2022, Introduced by Michael McCabe, who moved for its adoption, seconded by Ronald Kuhl:
Duly adopted this 19th Day of October 2022 by the following vote:
AYES: Mr. Henkel, Mr. Urrico, Mr. Kuhl, Mr. McDevitt, Mr. McCabe
NOES: Mr. Cipperly, Mr. Underwood