Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 47-2022
Project Applicant: Don Bernard
Project Location: 20 Brayton Road
Parcel History: SP 64-2022; FWW 12-2022; AV 61-2019; SP 79-2019; FWW 1-2020; FWW 8-2019
SEQR Type: Type II
Meeting Date: October 19, 2022
Applicant proposes to construct a new single-family home of 730 sq. ft. footprint and 885 sq. ft. deck/porch
area. The new floor area is 2,643 sq. ft. The applicant’s previous home has been demolished as part of the
original approval which has since expired in June of 2022. The applicant proposes the same project with a
construction of a new home and maintaining existing out buildings. Site plan for new floor area in a CEA, hard
surfacing within 50 ft. of shoreline, and Freshwater Wetlands permit for work within 100 ft. Relief is requested
for setbacks.
The applicant requests relief for setbacks in the Waterfront Residential Zone and CEA. The relief for the
setbacks of north side and east side.
Section 179-3-040 dimensional requirements – Waterfront Residential Zone -WR
The parcel is an odd shaped lot as relief is requested from the north side where a 9 ft. setback is proposed where
a 12 ft. setback is required. Then on the east side is proposed setback of 22 ft. as a front setback where 30 ft is
required. Permeability was 60% and proposed is 71% as an increase in permeability relief is not required.
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 limited due to the
configuration of the lot and proposed location of the new home.
3. Whether the requested area variance is substantial. The relief may be considered moderate relevant to
the code for setbacks. The side setback relief is 3 ft. and front setback is 8 ft.
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 as proposed will have minimal
impact to the neighborhood.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Zoning Board of Appeals
Community Development Department Staff Notes
The applicant proposes to demolish an existing home and to upgrade the site of 0.28 acre odd shaped parcel.
The applicant has revised plans for request for setbacks – no relief requested for floor area or height. The
applicant has indicated the new home is to be in a similar location as the home to be demolished. The plans
show new areas of low native plantings, a rain garden area, lawn area and areas of vegetation to remain. The
existing garage is to remain along with the shoreline deck area, four sheds to be removed and one shed to
remain. The height is proposed to be 27 ft 6 inches and the floor area is proposed to be 2,643 sq ft where 2,690
sq ft is the maximum allowed.
Staff comments: