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 Queensbury
Area Variance Resolution To: Approve
Applicant Name: Errol Silverberg
File Number: Z-AV-59-2017
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.
Applicant proposes construction of a 2,304 sq. ft. addition to the existing 8,400 sq. ft. garage. Use Variance is
required as the construction of the addition to the private garage is on a parcel where principal use (single-
family dwelling) does not exist. Relief required as the structure is proposed to be in excess of the maximum
allowable square footage for a private garage and to have an accessory without a principle. Planning Board:
Site Plan Review required for the expansion of a private garage.
Relief Required:
The applicant requests relief from an addition to a private garage in excess of the maximum allowable square
footage and for construction of an accessory structure without a principle.
Section 179-5-020 Accessory Structure -Garage
The applicant proposes a 10,704 sq. ft. garage where 8400 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.
SEQR Type 11 —no further review required;
A public hearing was advertised and held on September 20, 2017 and on January 17, 2018;
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
because the building has existed for a number of years and the addition is basically invisible from normal
viewing areas.
2. Feasible alternatives have been considered but are not deemed reasonable.
3. The requested variance is not substantial because the building has existed in this use for quite a period of
time.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
Page 2 Area Variance Resolution
Applicant Name: Errol Silverberg
File Number: Z-AV-59-2017
Location: 230 Lockhart Mountain Road
Tax Map Number: 252.-1-38.1
ZBA Meeting Date: Wednesday, January 17, 2018
5. The alleged difficulty is not really self-created. It existed long before the applicant took over this particular
property.
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
Z-AV-59-2017, Errol Silverberg, Introduced by Michael McCabe, who moved for its adoption, seconded by
Roy Urrico:
Duly adopted this 17`h day of September 2018 by the following vote:
AYES: Mr. Henkel, Mr. Underwood, Mr. Urrico, Mr. McCabe, Mr. Freer
NOES: NONE
ABSENT: Mr. Kuhl