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Resolution & Compliance Letter 2.21.24Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 Compliance Letter Today's Date: February 22, 2024 TO: Applicant Name: Jerry Aurelia Location: 13 Haven Lane Tax Map Number: 301.6-2-71 RE: File No. AV 6-2024 ATTENTION: Prior to commencing any site work, please read this letter. Please call this office with any questions. Your application, after review and consideration by the Zoning Board of Appeals; (ZBA) was approved (resolution attached). The variance approval is valid for one (1) year from the date of approval. You may request an extension of approval before the one (1) year time frame has expired. See section 179-14-090. Additional requirements and review for this project shall include: Please submit four (4) copies plus an electronic version of the ZBA approved plans to the Zoning Office for the Zoning Administrator's approval - One (1) copy will be returned to you in order to be posted on the project site. Electronic versions can be emailed to karend a,gueensbury net. **Copy Zoning Board Resolution onto the final approved plan. Please note that it must be legible and copied onto the plans. A survey map must be submitted with the final plans." 2. Post Approval -Contact Bruce Frank or Heath Brown —Code Compliance Officers Once the approved plans have been submitted to the Zoning Office you must contact the Code Compliance Officer for pre -construction meeting before any work is started, and at any time during the site development should any constraints, concerns or questions arise. Mr. Frank or Mr. Brown will monitor the site development throughout the project for compliance with your approval; however, see item 3; Contact Bruce Frank at 518-761-8226 or Heath Brown at 518-761-8268. Applicant may apply for a building permit unless the proposed project requires review, approval or permit from the Adirondack Park Agency, Lake George Park Commission or other State agency or department. As -built plans and/or Certification must be submitted to this office for review and approval prior to the issuance of Final sign -off from the Zoning Department and/or a Certificate of Occupancy — If there are no modifications or changes from the approved plan provide a certification from the project designer. If there are minor modifications or changes from the approved plan provide revised site plans with certification that the changes are acceptable from project designer. This may be, potentially, approved administratively. If there are major modifications or changes from the approved plan provide revised site plans with certification that the changes are acceptable from project designer. This will likely require re -approval by the Zoning Board. Sincerely, Bruce Frank Acting Zoning Administrator BF/kd Zoning Board of Appeals — Record of Resolution Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238 7i�n•n nr'(`iccnshun- Area Variance Resolution To: Approve Applicant Name: Jerry Aurelia File Number: AV 6-2024 Location: 13 Haven Lane Tax Map Number: 301.6-2-71 ZBA Meeting Date: February 21, 2024 The Zoning Board of Appeals of the Town of Queensbury has received an application from Jerry Aurelia. Applicant requests approval of an installed 6 ft. privacy fence on the west property line. The fence is 64 ft. in length and is partially located in the front yard. The existing home and porch are to remain with no changes. Relief requested for installation of a portion of a 6 ft. privacy fence in front yard. Relief Required: The applicant requests relief for installation of a portion of a 6 ft. privacy fence in front yard. The project is located on a 0.35 ac parcel in the Moderate Density Residential zone. Section 179-3-040, Section 179-5-070 Fence The applicant has installed a 6 ft privacy fence on the west property line where it would be considered a front yard. Fence in front yard is limited to 4 ft in height and open style. SEQR Type II — no further review required; A public hearing was advertised and held on 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 it enhances the appearance of the neighborhood. 2. Feasible alternatives have been considered by the Board and are reasonable and have been included to minimize the request. 3. The requested variance is not substantial because in fairness there are other properties in the neighborhood who also have six -foot -high fences. 4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The alleged difficulty may be considered self-created. 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. 6- 2024, Introduced by Mary Palacino, who moved for its adoption, seconded by Robert Keenan: Duly adopted this 21" Day of February 2024 by the following vote: AYES: Mr. Urrico, Mr. Cipperly, Mrs. Palacino, Mr. Underwood, Mr. Keenan, Mr. McCabe NOES: Mr. Henkel ABSENT: Mr. Kuhl