Resolution (Charlebois) 2.15.23
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: Gary Charlebois
File Number: AV 7-2023
Location: 39 Boulevard
Tax Map Number: 303.20-2-18
ZBA Meeting Date: February 15, 2023
The Zoning Board of Appeals of the Town of Queensbury has received an application from Gary Charlebois.
Applicant proposes a 9,192 sq. ft. addition for an update to the existing HVAC company. The addition is for
new warehouse, loading dock areas and update to the floor plan. The existing building is 6,099 sq. ft. The
project includes site work for stormwater management, lighting and parking area, disturbance of 32,000 sq. ft.
Site plan for building addition and site work in the CLI zone and hard surfacing within 50 ft. of the shoreline
(Canal). Relief is requested for setbacks.
The applicant requests relief for setbacks for construction of addition to the existing building. The project is on
a 1.723 ac parcel in the Commercial Light Industrial zone.
Section 179-3-040 dimensional
The new building is to be located 48 feet 11 inches from the Feeder Canal where a 75 ft setback is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on February 15, 2023.
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 actually an improvement for the business. It helps with the business.
2. Feasible alternatives have been considered by the Board and we have found this is needed for the project.
3. The requested variance is not substantial because the setback from the canal is not significant.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty may be self-created because they’re putting an addition on their building, but we do
not find that as a detriment.
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. 7-
2023, Introduced by Robert Keenan, who moved for its adoption, seconded by James Underwood:
Duly adopted this 15th Day of February 2023 by the following vote:
AYES: Mr. Cipperly, Mrs. Palacino, Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. Keenan, Mr. McCabe
NOES: NONE
ABSENT: Mr. Kuhl