AV 4-2023 Resolution (Eberlein) 4.17.24
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: Geraldine Eberlein
File Number: AV 4-2023
Location: 12 Seelye Road North
Tax Map Number: 227.17-1-25; 227.17-1-24 (septic)
ZBA Meeting Date: April 17, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Geraldine
Eberlein. (Revised) Applicant proposes demolition of an existing home and guest cottage to construct a new
home with a footprint of 2,411 sq. ft.; an outdoor kitchen of 234 sq. ft.; and a new floor area of 3,343 sq. ft. The
project includes associated site work for a new permeable driveway, stormwater management, and shoreline
landscaping; the project also includes installation of a new septic system on the adjoining property to east
property line. Site plan for new floor area in a CEA and hard surfacing withing 50 ft. of the shoreline. Relief
requested for setbacks, floor area, and permeability.
The applicant requests relief for setbacks, floor area, and permeability for the construction of a new home and
associated site work. The project is on a 0.3 ac parcel located in the Waterfront residential zone, Lake George.
Section 179-3-040 dimensional
The applicant proposes a new home where the front yard setback is proposed to be 13.5 ft where a 30 ft setback
is required. The shoreline setback is proposed to be 54 ft where a 68.77 ft setback (average of the adjoining
buildings) is required. The permeability is proposed to be 70.4% where 75% is required. The floor area
proposed is 3343 sq ft (25.5%) where 2885.47 sq ft (22%) is maximum allowed. Infiltration device proposed
70.5 ft where 100 ft is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on February 15, 2023; March 22, 2023; April 19, 2023; May 17,
2023; June 21, 2023; August 16, 2023; October 18, 2023; December 13, 2023; January 17, 2024; February 21,
2024; March 20, 2024; March 27, 2024; April 17, 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 gone out of their way to set this way back from the lake, in cooperation with the neighbors.
2. Feasible alternatives have been considered and what they’ve done is reasonable and very little else is
possible.
Relief Required:
3. The requested variance is not substantial because this really has minimal variance request.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty, however, is 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. 4-
2023, Introduced by Richard Cipperly, who moved for its adoption, seconded by John Henkel:
Duly adopted this 17th Day of April 2024 by the following vote:
AYES: Mr. Urrico, Mr. Kuhl, Mr. Henkel, Mr. Cipperly, Mr. Underwood, Mr. McCabe
NOES: Mr. Keenan