Resolution 7.18.24
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: Daniel Zotto & Carrie Hedderman
File Number: AV 32-2024
Location: 306 Glen Lake Rd.
Tax Map Number: 289.9-1-86
ZBA Meeting Date: July 18, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Daniel Zotto &
Carrie Hedderman. Applicants propose a 400 sq ft deck to be added to an existing home. The existing home
of 828 sq ft and floor area of 1,356 sq ft are to remain with no changes. The deck is to be located facing the
shoreline. The area beneath the deck is to be gravel and filter fabric. The deck is to be 12 inches in height from
the ground and to have a step to the ground. There are no other site changes. Previous approval of 2022 has
expired. Site plan for new hard surfacing within 50 ft of the shoreline and expansion of a nonconforming
structure. Relief requested for setbacks.
The applicant requests relief for setbacks for construction of deck addition in the Waterfront Residential zone-
WR. The parcel is 0.29 ac.
Section 179-4-080 decks/porches
The 400 sq. ft. deck addition is to be 21.5 ft. to the shoreline where a 50 ft. setback is required and 8 ft. to the
east side property line where 15 ft. is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on Thursday, July 18, 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 blends in and is the only usable placement of the deck.
2. Feasible alternatives have been considered by the Board and are reasonable and have been included to
minimize the request.
3. The requested variance is not substantial.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty is self-created because the applicant wants to add the deck within 50 ft of the lake.
Relief Required:
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. 32-
2024, Introduced by Ronald Kuhl, who moved for its adoption, seconded by Michael McCabe.
Duly adopted this 18th Day of July 2024 by the following vote:
AYES: Mrs. Palacino, Mr. Kuhl, Mr. Underwood, Mr. Keenan, Mr. Urrico, Mr. Henkel, Mr. McCabe
NOES: NONE
ABSENT: Mr. Cipperly