Resolution & Compliance Letter 11.30.22Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Compliance Letter
Today's Date: December 1, 2022
TO: Applicant Name: Cynthia Arberger
Location: 26 Pine St.
Tax Map Number: 309.14-1-30
RE: File No. AV 58-2022
ATTENTION: Prior to commencing any site
work please read this letter.
Please call this office with any questions.
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:
Please submit four (4) copies plus an electronic version 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. Electronic versions
can be emailed to karend@queensbu!y.net. A survey map must be submitted with the final plans.
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 518-761-8226.
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.
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.
Sincerely,
0�j
Craig Brown
Director of Planning & Zoning
Zoning Administrator
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Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
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Area Variance Resolution To: Approve
Applicant Name: Cynthia Arberger
File Number: AV 58-2022
Location: 26 Pine St.
Tax Map Number: 309.14-1-30
ZBA Meeting Date: November 30, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Cynthia Arberger.
Applicant proposes a 312 sq. ft. detached garage. The existing home of 1,002 sq. ft. with porch/deck areas to
remain with no changes. The existing shed is also to remain. Garage will be placed to align with the existing
driveway area. The garage is to be 11 ft. in height and 12 ft. x 26 ft. Relief is requested for setbacks.
Relief Required:
The applicant requests relief for setbacks for construction of a detached garage. The parcel is 0.23 ac and is
located in the Neighborhood Residential zone.
Section 179-3-040 NR dimensional, Section 179-5-020- garage
The proposed 312 sq. ft. detached garage is to be located 2 ft. from the property line where a 10 ft. setback is
required.
SEQR Type II — no further review required;
A public hearing was advertised and held on November 30, 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. It's a small lot and there's already a driveway there.
2. Feasible alternatives are really impossible. This is the best spot if you're going to build a garage.
3. The requested variance is not substantial because it's already on the lot. The neighbors have no objections.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty, like it or not, is self-created because that's their 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 NO. 58-
2022, Introduced by Richard Cipperly, who moved for its adoption, seconded by John Henkel:
Duly adopted this 301h Day of November 2022 by the following vote:
AYES: Mr. Cipperly, Mr. Urrico, Mr. Henkel, Mr. Underwood, Mr. Keenan, Mr. McCabe
NOES: NONE
ABSENT: Mr. Kuhl, Mr. McDevitt