Resolution (Carlson) 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: Eric Carlson
File Number: AV 20-2022
Location: 67 Brayton Lane
Tax Map Number: 239.12-2-84
ZBA Meeting Date: November 16, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Eric Carlson.
(Revised) Applicant proposes to demolish an existing home and detached garage to construct a new 3-bedroom
home with an attached garage. The home will have a footprint of 3,381 sq. ft. The new floor area of 6,033 sq.
ft. The project includes new stormwater management, alteration of shared driveway and parking arrangement,
grading, and erosion control. Site plan for new floor area in a CEA, hard-surfacing within 50 ft. of the shoreline,
new structure within 50 ft. of 15% slopes, driveway greater than 10%, and Freshwater wetland work within 100
ft. of the wetland. Relief requested for setbacks and stormwater device less than 100 ft. from shoreline and
wetland.
The applicant requests relief for setbacks and stormwater device less than 100 ft. from shoreline in regard to
construction of a new home with an attached garage. The parcel is 1.25 ac and in the Waterfront Residential
zone-WR.
Section 179-3-040 dimensional, Chapter 147 stormwater device
Revised with the garage being attached to the proposed home which removes the height variance. The portion
of the home with the garage is located 14 ft. from the property line where a 25 ft. setback is required. The
stormwater device is to be 50 ft. from the lake and 50 ft. from the wetland where 100 ft. setback is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on May 18, 2022, July 20, 2022, & November 16, 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
as this is a replacement of an older building with improvements.
2. Feasible alternatives are limited and have been considered by the Board and are reasonable and have been
included to minimize the request.
3. The requested variance is not substantial. What they’re looking for is an 11 foot side setback and stormwater
devices within 100 feet.
Relief Required:
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty could be considered self-created, but they are asking for two variances.
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. 20-
2022, Introduced by Ronald Kuhl, who moved for its adoption, seconded by John Henkel:
Duly adopted this 16th Day of November 2022 by the following vote:
AYES: Mr. Keenan, Mr. Kuhl, Mr. Henkel, Mr. Urrico, Mr. McCabe
NOES: Mr. Cipperly, Mr. Underwood
ABSENT: Mr. McDevitt