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: Tracey & Matthew Maxwell
Location: 46 Rhode Island Avenue
Tax Map Number: 309.9-3-24
RE: File No. AV 8-2024
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 kai-end@queensbury.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
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Area Variance Resolution To: Approve
Applicant Name: Tracey & Matthew Maxwell
File Number: AV 8-2024
Location: 46 Rhode Island Ave.
Tax Map Number: 309.9-3-24
ZBA Meeting Date: February 21, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Tracey &
Matthew Maxwell. 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.
Relief Required:
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.
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's for the health and safety of the occupants.
2. Feasible alternatives have been considered by the Board and I believe they've made some changes in this
request.
3. The requested variance is not substantial because it's a modification of the existing conditions, an
improvement to the existing conditions.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty could be considered self-created because the applicants want a fence around the yard.
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: (based on the meeting tonight)
a) The fence location is to be amended so that it's in line with the house on Central Avenue, and then
on Rhode Island it'll be, again, aligned with the house to the property line. That change is to be
noted on the final plan set.
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. 8-
2024, Introduced by Robert Keenan, who moved for its adoption, seconded by Roy Urrico:
Duly adopted this 21St Day of February 2024 by the following vote:
AYES: Mr. Underwood, Mr. Cipperly, Mrs. Palacino, Mr. Keenan, Mr. Henkel, Mr. Urrico, Mr. McCabe
NOES: NONE
ABSENT: Mr. Kuhl