Staff Notes
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Appeal No.: 1-2011
Appellant: John Salvador, Jr.
Project Location: off Dixon Road
Meeting Date: February 23, 2011
Information requested:
Appellant is appealing to the Zoning Board of Appeals relative to a
December 7, 2010 determination from the Zoning Administrator stating
that a determination by the Director of Building and Codes is not
appealable to the Zoning Board of Appeals.
Staff comments:
First, Standing:
Was the appeal taken within the appropriate 60 day time frame and is
the appealing party aggrieved?
The application was signed and filed with the Town on December
13, 2010.
The appellants are not the property owners, immediate neighbors
or parties of interest in the subject property.
While the appeal was filed within the required timeframe there does not
appear to be any obvious direct impact on the appellant to indicate that
the appellant is an appropriately aggrieved party. The appellant is not a
property owner of the parcel in question, nor is he an immediate neighbor
or even a property owner within an arguable “zone of influence.” Merely
being subject to the same building code as the owner of the property of
interest does not create standing. The appellants papers do not offer any
proof of injury in fact or a very significant possibility of future harm to him
as a result of the decision in question. There does not appear to be
adequate standing for this appeal to move forward.
Second, Merits of the argument if the appellant is found to have standing:
The appellant is appealing a Zoning Administrator interpretation regarding
a determination rendered stating that a determination made by the
Applicant: Salvador
Date: February 23, 2011
Page -2-
Director of Building and Codes is not appealable to the Zoning Board of
Appeals.
New York State Town Law, Article 16, Zoning and Planning, section 267a.
paragraph (4) states:
4. Hearing appeals. Unless otherwise provided by local law or
ordinance, the jurisdiction of the board of appeals shall be appellate
only and shall be limited to hearing and deciding appeals from and
reviewing any order, requirement, decision, interpretation, or
determination made by the administrative official charged with the
enforcement of any ordinance or local law adopted pursuant to this
article. Such appeal may be taken by any person aggrieved, or by an
officer, department, board or bureau of the town.
As the reference to; “this article” is within the article
Zoning and Planning
of Town Law and the Town Building and Codes Director (BCD) is not the
administrative official charged to enforce planning and zoning issues, the
appeal of a determination by the BCD is not appealable to the ZBA.
Further, Article 14 of the Town Zoning Code; Appeals and Variances,
sections 179-14-010 and 179-14-020 clearly specifies that the Zoning Board
of Appeals may only hear a decision, determination, order, requirement
or interpretation made by the Zoning Administrator. This paragraph
serves to further clarify that an appeal of a determination by the BCD is
not appealable to the ZBA.
Finally, in Appeal 3-2005 the question of appealing a decision of the
Director of Building and Codes to the ZBA was answered by this Board
and specifically to this appellant in a situation where he was determined
to have standing. The finding of this Board was that such a DBC decision
is not appealable to the ZBA. (please see attached resolution and
meeting minutes as well as the Zoning Administrators December 7, 2010
letter and the Appellant’s November 22, 2010 letter and personally
customized appeal application which was the genesis of this matter.)
Zoning Board of Appeals
Community Development Department Staff Notes
Applicant: Salvador
Date: February 23, 2011
Page -3-
L:\Craig Brown\2011 Staff Notes\NOA 1-2011 Savador.doc
Zoning Board of Appeals
Community Development Department Staff Notes