Resolution 5.15.24
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: Hilltop Construction / Len Romeo
File Number: AV 26-2024
Location: 282 Cleverdale Road
Tax Map Number: 226.16-1-40
ZBA Meeting Date: May 15, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Hilltop
Construction / Len Romeo. Applicant proposes to demolish existing house and detached garage to construct a
new home with a footprint of 1,990 sq ft and detached garage footprint of 400 sq ft. The new floor area is to be
3,725 sq ft including the garage. Project work includes permeable paver driveway, walkways, and new
stormwater management. Site plan for new floor area in a CEA and hard surfacing within 50 ft of the shoreline.
Relief requested for setbacks and floor area.
The applicant requests relief for setbacks and floor area for the construction of a new home. The project is on a
13,158 sq ft parcel located in the Waterfront residential zone.
Section 179-3-040 dimensional
The new home is proposed to be 13 ft from the side yard setback on the north side and 12 ft on the south side
where a 20 ft setback is required. The garage is to be 5 ft from the south property side setback where a 20 ft
setback is required, the garage is to be 10 ft from the front setback where a 30 ft setback is required. The floor
area ratio is to be 28.30% where 22% is the maximum allowed. Permeability is increasing from 70% to 70.91%;
a variance is not required for permeability.
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, May 15, 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
as this is a small lot and they’re adding new systems, and the footprint of the house is reasonably the same.
2. Feasible alternatives have been considered and have been included to minimize the request.
3. The requested variance is not substantial due to the fact that, again, it’s a small lot and there’s only so much
you can do with it.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
Relief Required:
5. Although we could say the alleged difficulty is self-created, but it’s created because of the size of the lot.
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) That the permeable pavers towards the lakeside would be reduced by five feet away from the lake.
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. 26-
2024, Introduced by Ronald Kuhl, who moved for its adoption, seconded by John Henkel:
Duly adopted this 15th Day of May 2024 by the following vote:
AYES: Mr. Keenan, Mr. Kuhl, Mrs. Palacino, Mr. Urrico, Mr. Henkel, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. Cipperly