Cover LetterA R. RHODES
dILIP C. MCINTIRE
MARK A. LEBOwnz
J. LAWRENCE PALTROWIT,
MALCOLM B. O'HARA
PATRICIA E. WATKINS
MARK E. CERASANO
BRUCE O. LIPINSKI
PAULA NADEAU BERUBE
JONATHAN C. LAPPER
JAMES R. BURKETT
STEFANIE DILALLO BITTER
KARLA WILLIAMS BUETTNER
JOHN D. WRIGHT
BARTLETT, PONTIFF, STEWART & RHODES, P.C.
ATTORNEYS AT LAW
P.O. BOX 2168
ONE WASHINGTON STREET
GLENS FALLS, NEW YORK 12801-2168
Mike McCabe, Chairman
Town of Queensbury
Zoning Board of Appeals
742 Bay Road, Queensbury
New York 12804
TELEPHONE (518) 792-2117
FAX (518) 792-3309
EMAIL infona bnsrlaw.com
WEBSITE www.basriaw.com
SERVICE BY FACSIMILE NOT ACCEPTED
July 11, 2023
Re: Richard and Stefanie Mechanick
13 Dawn Road Area Variance Application
Dear Chairman McCabe:
GREGORY J. TERESI
ALEXANDRA C. DAVIS
JEFFREY B. SHAPIRO
BENJAMIN R. PRATT, JR.
OF COUNSEL
ROBERT S. MCMILLEN
RETIRED
RICHARD J. BARTLETT
1926-2015
PAUL E. PONTIFF
1930-2021
ROBERT S. STEWART
1932-2001
BERTRAM J. DUBE
1916-1999
R E CS VIE
JUL 13 1-04.3
TOWS! OF QUF!�NSBURY
ZONING Grp=;t:
Our Firm represents the Applicants, Mr. & Mrs. Mecanick, in regard to an Area Variance
Application for their property located at 13 Dawn Road in the Town of Queensbury. The current
use of the property will remain the same. This request for relief is simply to bring the existing
property into compliance with the Town Code. The Applicants purchased this property in November
of 2010 from Larry Clute. It was recently brought to their attention that the 2 car garage that has an
office and apartment requires a variance. This building was constructed by Larry Clute in 1992 and
obtained both a building permit and a C/O from the Town of Queensbury. All supporting
documentation is enclosed.
When examining the five factor test used to determine if an Area Variance should be granted
to the Applicant, it is our opinion that the balancing test weighs in favor of the Applicant. It becomes
apparent that there will not be any undesirable changes produced in the character of the neighborhood
nor will there be any detriment to nearby properties if this Area Variance is granted since there will
be no physical change. We do not believe the benefit sought by the Applicant can be achieved by
some other feasible method other than the Town granting the Applicant an Area Variance. Since
without this variance the Applicant cannot continue to use the building with the apartment dwelling
which was part of the reason that they purchased this property. If the Area Variance is not granted,
then the Applicant's property will not be in compliance with the Town Code, they will be forced to
destroy or alter the structure, and they will not get the return on their investment that they were sold.
This variance is also not of a substantial nature, since there is no further construction associated with
this request for relief. In addition, there will be negative impacts associated with this request since
the neighbors are aware of the variance proposed and understand the circumstances. Lastly, the
alleged difficulty that the Applicant is seeking relief from was not a self-created difficulty. The
previous owner of the property created the alleged difficulty before the Applicant purchased the
property.
Page Two
July 11, 2023
I have enclosed a Area Variance Application relative to the requested relief, the Deed, the
Application fee as well as the supporting documents associated with the Application. Please advise
if anything further is needed or you have any questions with the request.
Sincerely,
Bartlett, Pontiff, Stewart & Rhodes, P.C.
cc: Richard Mechanick Stefanie DiLallo Bitter
Stefanie Mechanick Direct Line: (518) 832-6419
Direct E-mail: s"br hpsrlaw.com
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