Staff NotesTown of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 8-2024
Project Applicant: Tracey & Matthew Maxwell
Project Location: 46 Rhode Island Avenue
Parcel History: AV 23-2009; AV 60-2009
SEQR Type: Type II
Meeting Date: February 21, 2024
Applicant requests to maintain a 6 ft. privacy fence on the corner lot of Rhode Island Avenue and Central
Avenue. The length of the fence is 115 ft. The fence was installed in 2023 for safety issues for their household.
The applicant was notified of violation and has provided a variance request. The existing home of 1,440 sq. ft.
with a 60 ft. deck is to remain unchanged. Relief requested for type and height of fence located in front yard.
The applicant requests relief for type and height of fence located in front yard. The project site is a 6000 sf
parcel in the Neighborhood Residential zone.
Section 179-5-070 fence
The fence has been installed on the front yards of the corner lot facing Rhode Island and Central Avenue.
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 varia nce. Feasible alternatives may be considered for a
compliant fence height.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. The relief requested is 2 ft in excess of the allowed fence height and stockade.
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 impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
The applicant requests approval of an already installed fence of a 6 ft and privacy type. The applicant has
explained the fence is needed for the safety of the children and the dogs. The dogs would jump over a smaller
fence and the fence would minimize the interactions as explained by the applicant. The plans show the fence
location and the photos show the fence type and area.
Description of Proposed Project:
Relief Required:
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
Staff comments: