Resolution (Reds) 11.16.22
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: Reds LG, LLC
File Number: AV 21-2022
Location: 7, 9, 13 Nutley Lane
Tax Map Number: 239.17-1-15
ZBA Meeting Date: November 16, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Reds LG, LLC.
(Revised) Applicant proposes to complete alterations to two existing dwelling units on the site and reduction of
7 Nutley Lane to an accessory structure. Alterations include 7 Nutley Lane reduced to 330 sq. ft.; alterations to
9 Nutley Lane 704 sq. ft. footprint with two bedrooms and kitchen (floor area of 1,408 sq. ft.), new open deck
of 440 sq. ft. with walkout area below; alterations to 13 Nutley Lane include interior alterations (existing floor
area of 2,053 sq. ft. with four bedrooms). Total floor area 3,791 sq. ft. Project includes grass depression areas
for stormwater management, shoreline plantings, rock wall with steps, and reduction in hard surfacing. Site plan
for new floor area for 7 Nutley Lane, expansion of nonconforming structure for 9 Nutley Lane, and hard
surfacing within 50 ft. of the shoreline. Relief requested 9 Nutley for setbacks, expansion of nonconforming
and height for 7 Nutley Lane.
Revised. The applicant requests relief for setbacks, expansion of nonconforming, and height of 7 Nutley Lane.
The parcel is 0.53 acres and located in the Waterfront Residential zone –WR.
Section 179-3-040 dimensional,
Revised – 7 Nutley Lane would be reduced to 330 sq. ft. with no kitchen, bathroom or deck, building size
reduced to meet setbacks. 7 Nutley Lane would be 13 ft. 8 inches (not subject to variance as information
provided at meeting) 19 ft. in height and would require a height variance for being greater than 16 ft. for an
accessory structure. 9 Nutley Lane building work would be 4 ft. to the north property line where a 20 ft.
setback is required; and 12 ft. to the south property line where a 20 ft. setback is required. Expansion of non-
conforming for 7 and 9 Nutley Lane. Permeability existing is 67.78% and improved to 69.60% proposed where
75% is required- noting no relief is required as the site is improving the permeability on site.
SEQR Type II – no further review required;
A public hearing was advertised and held on May 18, 2022, July 20, 2022, September 21, 2022, &
November 16, 2022.
Upon review of the application materials, information supplied during the pub lic 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
because this project is going to improve the aesthetics of the property considerably.
Relief Required:
2. Feasible alternatives have been considered but are not reasonable at this particular time because they don’t
meet the needs of the applicant.
3. The requested variance could be considered substantial, but that’s mostly because it was a large, non-
conforming property to begin with.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
We believe that the environmental conditions have been improved considerably, basically from nothing to
having some environmental control.
5. The alleged difficulty is not self-created. It was created years ago by these little cabins.
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. 21-
2022, Introduced by Michael McCabe, who moved for its adoption, seconded by John Henkel:
Duly adopted this 16th Day of November 2022 by the following vote:
AYES: Mr. Kuhl, Mr. Keenan, Mr. Cipperly, Mr. Henkel, Mr. McCabe
NOES: Mr. Urrico, Mr. Underwood
ABSENT: Mr. McDevitt