Resolution.01.17.18 Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238
Town of(Zeensbum
Use Variance Resolution To: Approve
Applicant Name: Errol Silverberg
File Number: Z-UV-3-2017
Location: 230 Lockhart Mountain Road
Tax Map Number: 252.-1-38.1
ZBA Meeting Date: Wednesday, January 17, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Errol
Silverberg for a variance from Section(s) 179-3-040 and 179-5-020 of the Zoning Code of The Town of
Queensbury.
Applicant proposes construction of a 2,304 sq. ft. addition to the existing 8,400 sq. ft. garage. Relief is
required as the construction of the addition to the private garage is on a parcel where a principal use
(single-family dwelling) does not exist. Additionally, an area variance is required as the structure is
proposed to be in excess of the maximum allowable square footage for a private garage. Planning Board:
Site Plan Review required for the expansion of a private garage.
SURVEY WAIVER APPROVED
Relief Required:
Section 179-5-020 Accessory Structure - Garage
The applicant proposes a 10,704 sq. ft. garage where 8,400 sq. ft. is existing and 2,304 sq. ft. is the
addition. Garages are limited to 2,200 sq. ft. Garages are also considered accessory structures and may
not be constructed without a principal structure. In this instance here we are recognizing the fact that of
the previous uses on this site here, the original Gillis poultry farm.
January 2018 new information...Applicant has supplied additional information in relation to a
reasonable return.
Motion regarding Use Variance Z-UV-3-2017 Errol Silverberg based upon the information and the
analysis of the above supporting documentation provided by the applicant, this Board finds that
this will not result in any significant adverse environmental impact. So we give it a Negative
Declaration, Introduced by Michael McCabe who moved for its adoption,seconded by James
Underwood:
Duly adopted 17th day of January,2018, by the following vote:
AYES: Mr. Henkel,Mr. Urrico, Mr.McCabe, Mr. Underwood,Mr. Freer
NOES: NONE
ABSENT: Mr. Kuhl
Page 2 -Use Variance Resolution To: Approve
Applicant Name: Errol Silverberg
File Number: Z-UV-3-2017
Location: 230 Lockhart Mountain Road
Tax Map Number: 252.-1-38.1
ZBA Meeting Date: Wednesday, January 17, 2018
The four(4) criteria usually associated with a Use Variance are:
1.) That the proposed improvement is a public necessity in that it is required to render safe and
adequate service. It is our finding that: This applicant's request for the additional structure
would allow an easier ingress and egress for the vehicles from the building and allow for
re-purposing and re-building of the building without harming the collections housed inside.
2.) That there are compelling reasons, economic and otherwise, for permitting the variance. It is our
finding that: This re-purposing of the building that would be not allowed on site because of
its over size, is a reasonable re-use of this building,going forward for personal car collection
as opposed to a secondary use which might be commercial use which previously existed on
site.
3.) Where the intrusion or burden on the community is minimal,the showing required by the utility
should be correspondingly reduced. It is our finding that: We don't find that the applicant
with an over six acre lot would be accommodating for this structure.
Based upon our findings above, we hereby determine that the applicant [HAS ] demonstrated that the
applicable zoning regulations and restrictions have caused unnecessary hardship. They went through
the process of looking at other possible uses on site. This seems to be the most benign use for this
building.
[ (Note: use the following only when approving a use variance.) The Board finds that the variance under
consideration is the minimum necessary and adequate to address the unnecessary hardship proven by the
applicant and at the same time preserve and protect the character of the neighborhood and the health,
safety and welfare of the community. ] Based upon the secluded nature of where this building is
located we do not feel, there's been no neighborhood negativity about the application.
Based upon all of the above, 1 move that this Board [ Approve ] Use Variance Z-UV-3-2017, Errol
Silverberg with the following conditions:
For personal use and storage only for Mr. Silverberg's collection of automobiles.
Duly adopted this 17`h day of January 2018, by the following vote:
AYES: Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. Freer
NOES: Mr. McCabe
ABSENT: Mr. Kuhl