Minutes 11.15.23(Queensbury ZBA Meeting 11/15/2023)
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AREA VARIANCE NO. 46-2023 SEQRA TYPE TYPE II CHARLES & ETHEL WEEKS
OWNER(S) CHARLES & ETHEL WEEKS ZONING RR-3A LOCATION 70 PICKLE HILL RD.
APPLICANT PROPOSES TO CONSTRUCT A SECOND GARAGE OF 840 SQ. FT. THE GARAGE
WILL HAVE 3 BAYS AND UPSTAIRS STORAGE. THE EXISTING 4,120 SQ. FT. MAIN HOME
AND 1,371 SQ. FT. EXTENDED PORCH AREA TO REMAIN WITH NO CHANGES. AN EXISTING
200 SQ. FT. POLE BARN TO BE REMOVED, NO OTHER SITE CHANGES. RELIEF REQUESTED
FOR SECOND GARAGE. CROSS REF SP 74-2023 WARREN COUNTY PLANNING
NOVEMBER 2023 ADIRONDACK PARK AGENCY ALD LOT SIZE 6.34 ACRES TAX MAP
NO. 265.-1-23.3 SECTION 179-5-020
CHARLES & ETHEL WEEKS, PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 46-2023, Charles & Ethel Weeks, Meeting Date: November 15, 2023
“Project Location: 70 Pickle Hill Rd. Description of Proposed Project: Applicant proposes to construct
a second garage of 840 sq. ft. The garage will have 3 bays and upstairs storage. The existing 4,120 sq. ft.
main home and 1,371 sq. ft. extended porch area to remain with no changes. An existing 200 sq. ft. pole barn
to be removed, no other site changes. Relief requested for second garage.
Relief Required:
The applicant requests relief for a second garage. The project is located at 70 Pickle Hill Road on a 6.335
ac parcel in the Rural Residential three-acre zone.
Section 179-5-020 garage
The applicant proposes a second garage where only one garage is allowed.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of this area variance. Minor to no
impacts to the neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be limited due to
orientation of the existing home, the location of the existing garage and the proposed location of the
new garage.
3. Whether the requested area variance is substantial. The relief requested may be considered
substantial relevant to the code. The relief requested is for a second garage.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to have
minimal to no impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered to be self-created.
Staff comments:
The applicant proposes a second garage to assist storage of equipment for maintenance of the lot. The
plans show the location of the new garage and the construction of the garage. The applicant was granted
a survey waiver with no additional information required.”
MR. URRICO-And the Planning Board, based on its limited review, did not identify any significant adverse
impacts that cannot be mitigated with the current project proposal, and that was passed unanimously on
November 14th, 2023.
MR. WEEKS-Good evening. Charles and Ethel Weeks, 70 Pickle Hill Road. We have a pole barn that’s
decrepit, built 20 years ago. So it’s a matter of fixing it or replacing it, and I don’t think it’s worth repairing.
It’s for the simple storage of property maintenance equipment, a chipper and a lawnmower, a snow blower,
that sort of thing. There’s no power. It’s going to sit on a gravel floor. No impact to the neighborhood.
I can’t see my neighbors. I don’t think they can see me. There’s no lights. So I don’t have any sign
pollution.
MR. MC CABE-Pretty straightforward. Do we have questions of the applicant?
(Queensbury ZBA Meeting 11/15/2023)
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MR. KUHL-The rendering you have here doesn’t have garage doors.
MR. WEEKS-I don’t have garage doors on the pole barn. It seems to give the equipment all the shelter it
needs.
MR. KUHL-It’s fine. It looks like it’s far enough from the main residence.
MR. WEEKS-It is.
MR. MC CABE-Other questions? So a public hearing has been advertised. So at this particular time I’m
going to open the public hearing and see if there’s anybody out there with comment on this particular
project. Is there anything written, Roy?
PUBLIC HEARING OPENED
MR. URRICO-Nothing written.
MR. MC CABE-So at this particular time I’m going to close the public hearing.
PUBLIC HEARING CLOSED
MR. MC CABE-I’m going to poll the Board, and I’m going to start with Ron.
MR. KUHL-Thank you, Mr. Chairman. I think this is a good project, with six plus acres. I could see it,
and an old decrepit barn. It’s probably much easier just to burn the old barn and build a new one, and as
the applicant said there’ll be no water or electricity in there. So it’s a storage building. I’m in favor.
MR. MC CABE-Roy?
MR. URRICO-I know technically need a variance for this, but this size property can absorb a second
garage, and it’s not really a garage. It’s a storage facility. So I would be in favor of it.
MR. MC CABE-Bob?
MR. KEENAN-Yes, I’ll agree with Roy. It’s a good project for this parcel and I don’t have any issues with
it.
MR. MC CABE-Dick?
MR. CIPPERLY-It’s a good project in a good spot.
MR. MC CABE-Jim?
MR. UNDERWOOD-It’s a six plus acre lot. It’s way in the back 40. No one’s even going to know it’s
there.
MR. MC CABE-John?
MR. HENKEL-I’ll approve it, yes.
MR. MC CABE-And I, too, have no problem with the second garage. Certainly the size of the property
and the remoteness of it warrants a second garage. So with that in mind, Dick, I wonder if you could
configure us a motion here.
The Zoning Board of Appeals of the Town of Queensbury has received an application from Charles &
Ethel Weeks. Applicant proposes to construct a second garage of 840 sq. ft. The garage will have 3 bays
and upstairs storage. The existing 4,120 sq. ft. main home and 1,371 sq. ft. extended porch area to remain
with no changes. An existing 200 sq. ft. pole barn to be removed, no other site changes. Relief requested
for second garage.
Relief Required:
The applicant requests relief for a second garage. The project is located at 70 Pickle Hill Road on a 6.335
ac parcel in the Rural Residential three-acre zone.
Section 179-5-020 garage
The applicant proposes a second garage where only one garage is allowed.
(Queensbury ZBA Meeting 11/15/2023)
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SEQR Type II – no further review required;
A public hearing was advertised and held on November 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 basically unseen from the neighborhood or nearby properties.
2. Feasible alternatives have been considered by the Board and are not reasonable to rehab the
existing garage.
3. The requested variance is not substantial because it’s actually almost in the middle of a six-acre
parcel.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood
or district.
5. The alleged difficulty is probably self-created just because they want to replace the existing pole
barn.
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.
46-2023 CHARLES & ETHEL WEEKS, Introduced by Richard Cipperly, who moved for its adoption,
seconded by James Underwood:
Duly adopted this 15th Day of November 2023 by the following vote:
AYES: Mr. Kuhl, Mr. Cipperly, Mr. Henkel, Mr. Urrico, Mr. Keenan, Mr. Underwood, Mr. McCabe
NOES: NONE