AV 71-2017 Portuese Approval & Follow Up 11.15.2017 Zoning BoaH of Appeals
WW Town of ueensbury 742 Bay Road Queensbury,IVY 12804 (518)761-8238
Tama ofQztuuisi}oru
Compliance Letter
ATTF.NI-IC}N: PRIOR TO
November 17,2017 -- -
CCIM[vtF..NC[N{.i .ANY SITE V1FCIRK,
TO: Beth & Torn Portuese PLEASF READ AND UNDERSTltiTx1C}- HIS
Location; 271 Big Bay (toad COMPLIANCE LETTER!
Tax Map Number: 316.9-1-27,J
RE: Area Variance Z-A -71-2017
Yotir application,after review and consideration by the Zoning Board of Appeals; (ZBA)was approved(resolution attached)- The
variance approval is valid for one(1)year from the date of approval. You may request are extension of approval before the one(1)
year time frame has expired- See section 179-14-090-
Additional requirements and review for this project shall include:
1. Please submit four(4)copies of the Z6A approved plans(Indicate Ccmdition of Approval on your plans.) to the Zoning
Office for the Zoning Adininisrmtor's approval - One(1)copy will be returned to you in order to be posted on the project
site,
2, Post Approval-Contact Bruce Frank-Code Compliance Ofl-iuer
Once the approved plans have been submitted to t.lie Zoning Office you must contact the Cade Compliance Officer for
pre-construction meeting before any work is started, and at any time during the site development should env constraints,
concerns or questions arise. Mn Frank wil I in on itor the site development throughout the project for compliance with your
approval;however, see item 3;
Contact Bruce Frank, Code Compliance Officer at 761-8226-
Applicant may apply for a building pennit unless the proposed project requires review, approval or permit from the
Adirondack Park Agency, Take George Park Commission or other State agency or department,
3- As-built plans andVor Certification must be submitted to this office for review and approval prior to the issuance of Final
sign-off from the Zoning Department and/or a Certificate of Occupancy—
If there are no modifications or changes from the approved plan provide a ct edification from the project designer,
If there are minor rnodil-ications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This may be,potentially, approved administratively,
If there are major modifications or changes from the approved plan provide revised site plans with certi fication that the
changes are acceptable from project designer- This will likely require re-appraval by the Zoning Board-
Sincerely,
/-�0
vraiz Brown
Director of Planning&Zoning
Zoning Administrator
Blsh
Zoning Board of Appcals —Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 1 804 (518) 761-8238
'thin of Crrrrrisbuf),
Area Variance R.csolution To: Approve with Condition:
That the second unit have a Iife and that life would be 10 years
and it would begin upon the issuance of the Co .
Applicant Name: Beth and Tom Portuesc
File Number: -A -71-2.017
Location: 271 Big Bay load
Tax Map Number: 316.9-1- 7.1
BA Meeting Date: Wednesday, November 15, 2017
The Zoning Board of Appeals of the Town of Queensbuty has received an application from Beth and Tom
Portuese. Applicant proposes a 5,850 sq. ft. residential unit that involves ulterior alterations to the first floor of
a pre-exi siting dwelling. Relief requested for a second dwelling(apartment) on a parcel where only one such
structure is allowed in the WR zoning district. Also relief requested from the minimum size restriction of 800
sq. ft. for such dwelling.
Relief Required:
The applicant requests relief for a second dwelling (apartment) on a parcel where only one such structure is
allowed in the WR zoning district. Also relief requested from the minimu-n size restriction of 800 sq_ ft. for
such dowelling.
179-3-040 Dimensional Teg uirements—number of residence on a el. 174-5-0 90 d el ling unit size
The applicant proposes to have a second dwelling unit included within the main home where only one dwelling
unit is allowed per lot in the N R zone and the minimum dwelling size is 800 and proposed is 540 sq ft.
SEQR Type lI—no further review required;
A public hearing was advertised and held on Wednesday, November 15, 017;
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 NS 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 these changes are all internal to the existing structure.
2.. Feasible alternatives have been considered but are deemed-not reasonable at this particular time.
3. The requested variance could be considered substantial but it's really a technicality because of a kitchen
really.
Page 1 of 2
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district
because the applicant has made previous design considerations.
5. 1s the alleged difficulty is of course self-created.
Ire 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;
S. The Board also proposes the following conditions:
a) That the second unit have a life and that life would be 10 gears and it would begin upon the issuance of
the CO,
b) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED OIL THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE
-A -7I-2017 Beth and Tom Portuese, Introduced by Michael McCabe,, who moved for its adoption, seconded
by Ronald KuW:
Duty adopted this 15"' day of November 2017 by the following vote:
AYES. Mr. Freer, Mr. Underwood, Mr. Henkel, Mr. Urrieo, Mr. Kuhl, Mr. McCabe, Mr. Jackoski
IDES: NONE
Page 2 of 2