AV 41-2022 Resolution 8.24.22
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: James S. Brown
File Number: AV 41-2022
Location: 1918 Ridge Rd.
Tax Map Number: 253.-1-23
ZBA Meeting Date: August 24, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from James S. Brown.
Applicant proposes to construct a new single family home of 1,936 sq. ft. footprint. The access drive to the new
home from an existing private road “Shop Road” through an adjoining property to the home. The remaining
driveway located on the applicant’s property using some portions of previous logging roads. Site plan for
construction of new home within the LC-10A zone within the APA and new structure within 50 ft. of 15%
slopes. Relief is requested for access to public right-of-way.
The applicant requests relief for access to public right-of-way.
Section 179-4-050 Frontage on public or private streets
The applicant proposes a driveway that will start from Shop Road a private right of way, and be developed on
property 253.-1-22, then access the applicant’s lot 253.-1-23.
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, August 24, 2022.
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. The property owner owns the adjacent property. That’s not a big consideration.
2. Feasible alternatives are probably this is it. This is the best you’re going to get. They’ve been considered
by the Board and, are reasonable and have been included to minimize the request.
3. The requested variance is really not substantial. It’s the best you’re going to get to get to this lot.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty is self-created. That’s where you want to put your house.
Relief Required:
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 NO. 41-
2022 JAMES S. BROWN, Introduced by Richard Cipperly, who moved for its adoption, seconded by James
Underwood:
Duly adopted this 24th Day of August 2022 by the following vote:
AYES: Mr. Cipperly, Mr. Kuhl, Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. McDevitt