Resolution 2.21.24
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: Lauren & Christian Freyer
File Number: AV 45-2023
Location: Pulver Road
Tax Map Number: 227.14-1-17
ZBA Meeting Date: February 21, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Lauren &
Christian Freyer. (Revised) Applicant proposes to construct a 1,573 sq. ft. footprint home with a floor area of
2,874 sq. ft. The project includes associated site work for stormwater management and shoreline planting plan.
The septic system approved by local BOH is proposed for construction across Pulver Road and connection to
adjoining property by the same owner. Site Plan for new floor area in a CEA, hard surfacing within 50 ft. of the
shoreline, and work within 100 ft. of a wetland. Relief requested for setbacks.
The applicant requests relief for setbacks for the construction of a new home. The project site is located on
Pulver Road across the street from 121 Pilot Knob Road on a 0.37 ac lot in the Waterfront Residential zone.
Section 179-3-040 dimensional, Chapter 94 wetlands
The applicant proposes a new home that is to be 32 ft 6 inches from the shoreline where 50 ft is required, 24 ft
from the wetland where 50 ft is required, 9 ft to the west property line where 20 ft is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on November 15, 2023 & February 21, 2024.
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
because they’ve done all that they can to try and eliminate offsite issues.
2. Feasible alternatives have been considered and this is a narrow lot and alternatives are just not possible.
3. The requested variance is not substantial. They’ve done all they can to try and utilize what they have.
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. They want to build a house on a vacant lot.
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) That the driveway utilize permeable pavers in lieu of asphalt.
b) 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. 45-
2023, Introduced by Richard Cipperly, who moved for its adoption, seconded by John Henkel:
Duly adopted this 21st Day of February 2024 by the following vote:
AYES: Mr. Urrico, Mr. Keenan, Mr. Underwood, Mrs. Palacino, Mr. Henkel, Mr. Cipperly, Mr. McCabe
NOES: NONE
ABSENT: Mr. Kuhl