Resolution 6.21.23
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: Alisha & Michael Griffey
File Number: AV 15-2023
Location: 26 Tall Timbers Rd.
Tax Map Number: 239.16-1-23 & 239.16-1-24
ZBA Meeting Date: June 21, 2023
The Zoning Board of Appeals of the Town of Queensbury has received an application from Alisha & Michael
Griffey. (Revised) Applicant proposes a 2-story addition to the main home and to convert an existing garage to
a rec room. The existing main home footprint is 1,540 sq. ft. and has a floor area of 3,560 sq. ft. The new rec
room is to be 673 sq. ft. footprint and floor area. The site has an existing guest cottage of 485 sq. ft. footprint
that is to remain. The total new floor area is to be 7,707 sq. ft. Project includes new extension of the driveway
area with clearing, permeable pavers on the shoreline side of the new addition, an upgraded septic system,
planting plan and retaining wall in areas of the new additions. Site plan for new floor area, conversion of
seasonal to year round and hard surfacing within 50 ft. of the shoreline. Relief is requested for main building
height and accessory structure height, expansion of nonconforming structure, size of accessory structure, and
expansion greater than 1/3 floor area of main structure.
The applicant requests relief for building height and accessory structure height, expansion of nonconforming
structure, size of accessory structure, and expansion greater than 1/3 floor area of main structure; an addition to
the existing home and upgrading a garage to a rec room with an addition. The project is located at 26 Tall
Timbers Drive on a 2.79 ac parcel in the Waterfront Residential zone.
Section 179-3-040 dimensional, 179-4-010 1/3 expansion, 179-5-020 accessory structure,
The main house addition is to be greater than 1/3 of the existing home (relief is 1,848 sq. ft.), the main house is
to be 31.52 ft. in height where 28 ft. is the maximum height for the main home. The rec room building is to be
18.5 ft. where 16 ft. is the maximum height for an accessory. The rec room building is to be 673 sq. ft. which
exceeds the maximum allowed accessory structure limited to 500 sq. ft.
SEQR Type II – no further review required;
A public hearing was advertised and held on April 19, 2023 and June 21, 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
as it conforms to the size of the lot and it could have been much bigger with two houses on it.
Relief Required:
2. Feasible alternatives have been considered by the Board. They are reasonable and have been included to
minimize the request or are not possible from just the standpoint of what has been requested.
3. The requested variance is not substantial. It just barely meets variance requirements.
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 because they could have done nothing.
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. 15-
2023, Introduced by Richard Cipperly, who moved for its adoption, seconded by Mr. Keenan:
Duly adopted this 21st Day of June 2023 by the following vote:
AYES: Mr. Henkel, Mr. Cipperly, Mr. Keenan, Mr. Urrico, Mr. McCabe
NOES: Mr. Kuhl, Mr. Underwood