Resolution & Compliance Letter 3.27.24Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
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Today's Date: March 28, 2024
TO: Applicant Name: Durante Enterprises Inc. ATTENTION: Prior to commencing any site work
Location: 28 Dark Bay Lane & 32 Dark Bay Lane please read this letter.
Tax Map Number: 239.18-1-44 & 239.18-1-47 Please call this office with any questions.
RE: File No. AV 13-2024
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@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 Heath Brown —Code Compliance Officer
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. Brown will monitor the site development throughout the project for compliance with your
approval; however, see item 3;
Contact Heath Brown, Code Compliance Officer 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.
3. 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,
0�j
Craig Brown
Director of Planning & Zoning
Zoning Administrator
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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: Durante Enterprises Inc.
File Number: AV 13-2024
Location: 28 Dark Bay Lane & 32 Dark Bay Lane
Tax Map Number: 239.18-1-44 & 239.18-1-47
ZBA Meeting Date: March 27, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Durante
Enterprises Inc. Applicant proposes a lot line adjustment between two parcels where parcel 239.18-1-47 (28
Dark Bay Lane) will be decreased from 0.34 ac to 0.25 ac where 2 ac is the minimum required; parcel 239.18-1-
44 (32 Dark Bay Lane) will be increased from 0.38 ac to 0.47 ac. The u-shaped dock and the gazebo will be
associated with 239.18-1-44 (32 Dark Bay Lane). The existing homes on each lot are to remain; there are no site
changes, just an updated lot line to address property sale. Relief requested for lot size, setbacks, and shoreline
frontage.
Relief Required:
The applicant requests relief for lot size, setbacks, and shoreline frontage for a lot line adjustment. The property
is located at 28 Dark Bay Lane of 0.34 ac and 32 Dark Bay Lane of 0.38 ac in the Waterfront residential zone.
IMel will
The parcel 239.18-1-47 (28 Dark Bay Lane) will be decreased from 0.34 ac to 0.25 ac where 2 ac is the
minimum required. The existing shed is to be 2 ft from the property line where 5 ft setback is required. The
existing house is to be 43.5 ft shoreline setback where 50 ft is required. The shoreline frontage is to be 75 ft
where 150 ft is required.
SEQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, March 27, 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 the only thing that's being changed is the legal property lines.
2. Feasible alternatives have been considered, there really is no other way to achieve what the property owner
is looking to do.
3. The requested variance is not substantial because other than on paper changing the property lines.
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 they're looking to physically re -align the
property lines.
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. 13-
2024 , Introduced by Mary Palacino, who moved for its adoption, seconded by Robert Keenan:
Duly adopted this 27" Day of March 2024 by the following vote:
AYES: Mr. Henkel, Mrs. Palacino, Mr. Keenan, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. Cipperly, Mr. Kuhl