Final Approval ResolutionZoning Board of Appeals - Record of Decision Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Steven Jackoski, Chairman Roy Urrico, Secretary
TO: Wayne Mattison PROJECT FOR: Wayne Mattison
4 Old West Mountain Road 0 Lower Warren Street; 0 Green Street
Queensbury, NY 12804 Use Variance No. 33-2014
ZBA Meeting Date: Wed., June 18, 2014
RESOLUTION FOR A SEQRA NEGATIVE DECLARATION AS THIS BOARD FINDS THAT THIS WILL NOT RESULT IN
ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT, Introduced by Kyle Noonan who moved for its
adoption, seconded by John Henkel
AYES: Mr. Urrico, Mr. McCabe, Mr. Noonan, Mr. Henkel, Mr. Kuhl
NOES: None
RESOLUTION TO APPROVE USE VARIANCE NO. 33-2014 Wayne Mattison, Introduced by
Michael McCabe who moved for its adoption, seconded by John Henkel:
The Zoning Board of Appeals of the Town of Queensbury has received an application from Wayne
Mattison for a variance of Section(s) 179-3-040 of the Zoning Code of The Town of Queensbury.
Applicant proposes construction of a 1-story building in order to operate an auto use facility for the repair
and sale of automobiles. Relief requested from allowable uses in the CLI zoning district for auto sales.
Upon consideration of the application materials, completed SEQR review form and information supplied
during the public hearing and the criteria specified in Section 179-14-080(B) of the Queensbury Town
Code and Chapter 267 of NYS Town Law, and after discussion and deliberation, we find as follows:
1) It is the Board's finding that the applicant has met the requirement for each and every
permitted use under the zoning regulations for the district where the property is located. The
applicant was unable to realize a reasonable financial return. The lack of return is substantial
as demonstrated by competent financial evidence provided by the applicant.
2) It is our finding that for each and every permitted use under the zoning regulations for the
district where the property is located, the alleged hardship relating to that property in question
is unique and is not applicable to a substantial portion of the district or neighborhood.
3) It is our finding that the applicant has demonstrated that the requested use variance if
granted, will not alter the essential character of the neighborhood.
4) It is our finding that for each and every permitted use under the zoning regulations for the
district where the property is located, the applicant demonstrated that the alleged hardship
has not been self-created.
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Zoning Board of Appeals - Record of Decision Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ZBA Decision Resolution (Continued)
ZBA Meeting Date: Wednesday, June 18, 2014
Use Variance Application No. 33-2014, Wayne Mattison
5) It is our finding that based on the findings above we hereby determine that the applicant has
demonstrated that the applicable zoning regulations and restrictions have caused
unnecessary hardship.
Based upon all of the above, I move that this Board Approve Use Variance No. 33-2014 Wayne Mattison
with waivers granted for engineer drawings, landscaping, lighting, and other elements of site planning
which will be presented to the Planning Board.
Duly adopted this 18th day of June, 2014, by the following vote:
AYES: Mr. Urrico, Mr. Noonan, Mr. Kuhl, Mr. Henkel, Mr. McCabe
NOES: none
Steven Jackoski, Chairman
Queensbury Zoning Board of Appeals
Cc: Michael D. Larson and Sharon C. Wells
Michael O'Connor, Esq.
IMPORTANT NOTES TO APPLICANT:
If approved, and if the property is located within the Adirondack Park, the approved variance is subject
to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action in
reliance on the variance until the APA's review is completed.
A variance approval is valid for one (1) year from the date of approval. See section 179-14-090. The
applicant may request an extension of approval BEFORE the one (1) year time limit has expired. An
approval cannot be extended following expiration.
Final, approved plans in compliance with this variance must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building & Codes
personnel. Subsequent issuance of further permits, including building permits are dependent on receipt
of these final plans. Upon approval of the application and review and approval of final plans by the
Community Development Department, the applicant can apply for a Building Permit unless the proposed
project requires review and an approval or permit from the Town Planning Board and/or the Adirondack
Park Agency, Lake George Park Commission or other State agency or department.
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