Resolution 11.16.22
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: Steve & Tracey Bureau
File Number: AV 59-2022
Location: 5 Chestnut Rd.
Tax Map Number: 289.13-1-7
ZBA Meeting Date: November 16, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Steve & Tracey
Bureau. Applicant has constructed a 45 sq. ft. mudroom addition and 22.1 sq. ft closet area to an existing
home. The home has a floor area of 1,338 sq. ft. and a footprint of 1,110 sq. ft. with deck/porch of 463 sq. ft. In
addition, the applicant has removed a garage and replaced it with a 228 sq. ft. shed. Site plan for new floor area
in a CEA and expansion of nonconforming structure. Relief is requested for setbacks and expansion of
preexisting nonconforming structure.
The applicant requests relief for construction of a mudroom, closet area addition, and placement of a shed that
includes setbacks and expansion of preexisting nonconforming structure. The project site is 0.19 ac in the WR
zone.
Section 179-3-040 dimension and 179-5-020 accessory
The shed is located 17.0 ft. from front property line where 30 ft. is required, closet area is 8.5 ft. where 15 ft. is
required.
SEQR Type II – no further review required;
A public hearing was advertised and held on November 16, 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
because it’s been a fully improved property with a new septic system.
2. Feasible alternatives have been considered by the Board. What they’ve done is deemed to be reasonable to
minimize any kind of request.
3. The requested variance is not substantial.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
Relief Required:
5. The alleged difficulty is self-created, but it’s self-created by the fact of the small size of the parcel the
property is located on.
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. 59-
2022, Introduced by James Underwood, who moved for its adoption, seconded by Ronald Kuhl:
Duly adopted this 16th Day of November 2022 by the following vote:
AYES: Mr. Cipperly, Mr. Keenan, Mr. Kuhl, Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. McDevitt