Zoning Administrator.Denial Letter.ZBA resolution TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY, 12804-5902
February 8,2018
D&T Creative Properties,LLC
58 West Notre Dame Street
Glens Falls,NY 12801
Re: Residential Addition
Our File/Building Permit: RC 40-2019
Tax Map Parcel: 303.5-1-64
Dear D&T Creative Properties:
I am writing you with regards to my review of the above-referenced Building Permit application
and to document the conversation I had with Mr.Hilpertshauser last week.
As I understand your project, you have begun construction of a second story addition to your
home at 323 Ridge Road. Additionally, I understand that you may wish to further expand your
home by adding a porch to the front of the building. As discussed, both the current construction
project and a future porch will require an Area Variance from our Zoning Board of Appeals
before we can issue any permits for such work since neither project would comply with the
minimum setback requirements for your parcel.
I understand that you may be working on the necessary application, as such; this letter will serve
as the necessary denial letter for the processing of your paperwork. Please note our established
pre-submittal meeting requirements and submittal deadlines when completing your application
materials.
Should you have any questions or comments regarding your application,please do not hesitate to
contact this office.
Sincere ,
Craig Brown
Zoning Administrator
CB/sh
LACmig Bro"\2018 Letten Denial D&T Creative 2_8_I8.dm
"Home of Natural Beauty ... A Good Place to Live "
Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238
Town of(Lrensbury
Compliance Letter ATTENTION: PRIOR TO
March 30,2018 COMMENCING ANY SITE WORK,
PLEASE READ AND UNDERSTAND THIS
TO: Ernest Hilpertshauser COMPLIANCE LETTER!
Location: 323 Ridge Road
Tax Map Number: 303.5-1-64
RE: Area Variance Z-AV-18-2018
Your 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 an 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 ZBA approved plans to the Zoning Office for the Zoning Administrator'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 Officer
Once the approved plans have been submitted to the Zoning Office you must contact the Code Compliance Officer for
pre-construction meeting before any work is started,and at any time during the site development should any constraints,
concerns or questions arise. Mr.Frank will monitor 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 permit unless the proposed project requires review,approval or permit from the
Adirondack Park Agency,Lake George Park Commission or other State agency or department.
3. As-built plans and/or 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 certification from the project designer.
If there are minor modifications 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 certification that the
changes are acceptable from project designer. This will likely require re-approval by the Zoning Board.
Sincer ly,
OIL)
Craig Brown
Director of Planning&Zoning
Zoning Administrator
CB/sh
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: Ernest Hilpertshauser
File Number: Z-AV-18-2018
Location: 323 Ridge Road
Tax Map Number: 303.5-1-64
ZBA Meeting Date: Wednesday,March 28,2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from Ernest
Hilpertshauser. Applicant requests to complete a 96 sq. ft. second story dormer and to construct a 72 sq. ft.
covered front porch to an existing 1,357 sq. ft. (floor area)home. Relief requested from minimum setback
requirements.
Relief Required:
The applicant requests relief from setback requirements of the MDR zone.
179-3-040 Establishment of Districts-dimensional requirement MDR zone
The applicant proposes to complete a 96 sq ft second story dormer and to construct a 72 sq ft covered porch that
will be 15.7 ft from the front property line where a 30 ft set back is required. (Note current dormer construction
is located 21.7 ft from the front property line and is subject to the variance to be completed)
SEQR Type II-no further review required;
A public hearing was advertised and held on Wednesday,March 28, 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 requested construction will improve the appearance of the property.
2. Feasible alternatives have been considered but are not deemed reasonable at this particular time.
3. The requested variance is not substantial. At worst, it's moderate.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
We believe that it will improve the present conditions of the neighborhood.
5. The alleged difficulty is not really self-created. It was created when the house was originally built.
Everything is pretty close to the road there.
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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-18-2018, Ernest Hilpertshauser, Introduced by Michael McCabe, who moved for its adoption, seconded
by Harrison Freer:
Duly adopted this 28"'day of March,2018 by the following vote:
AYES: Mrs. Hayward, Mr. Underwood,Mr. McDevitt,Mr. Urrico,Mr. Henkel,Mr. McCabe,Mr. Freer
NOES: NONE
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