Resolution 10.16.24
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: Patten Property Development
File Number: AV 15-2024
Location: 96 Hall Road
Tax Map Number: 289.11-1-23
ZBA Meeting Date: October 16, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Patten Property
Development. (Revised) Applicant proposes to construct a new 2,267 sq ft (footprint) home with 255 sq ft
porch/deck area with a floor area of 5,147 sq ft. The existing home has been demolished and there are other
items to be demolished as well. The project includes combining an adjoining lot owned by the applicant into
the existing lot which will increase the overall lot size from 0.29 acres to a total of 0.76 acres. This combination
of lots will provide frontage for the property and allow access directly from Hall Road. Site work includes new
septic, well, landscaping, stormwater, and other associated lot disturbance. The project includes a new dock
system along Glen Lake. Site plan for hard surfacing within 50 ft of the shoreline and new floor area. Relief
requested for setbacks, height, and number of garages, and fence type in front yard.
The applicant requests relief for setbacks, height, and number of garages. The project site is to be on a 0.76 ac
parcel in the Waterfront Residential (combined two parcels).
Section 179-3-40
The new home is to be located 37 ft 1 inches from the shoreline where a 50 ft setback is required, the height is
to be 32 ft 6 inches where the maximum allowed is 28 ft. Relief for the number of garages where one is allowed
at 1,100 sf and three are proposed due to the house design less than 1,100 in total. A U-Shaped dock is proposed
to be 6 ft 3 inches from the property line project where a 20 ft setback is required.
Relief is no longer required for floor area, road frontage, and dock as the applicant has combined two parcels
as part of the project for a new home. The fence type and heigh has been revised to be 4 ft and picket
nonprivacy.
SEQR Type II – no further review required;
A public hearing was advertised and held on April 17, 2024, July 17, 2024, & October 16, 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 the house really lines up with neighboring properties and it sets well on the property.
Relief Required:
2. Feasible alternatives have been considered by the Board. We find them to be reasonable and have been
included to minimize the request.
3. The requested variance is really not that substantial, as, again, the house is lined up with the neighboring
houses and the third garage is something that we’re going to allow.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty really you could say it is self-created because of the applicant wanting to have a plane
in the third garage.
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. 15-
2024, Introduced by Ronald Kuhl, who moved for its adoption, seconded by John Henkel:
Duly adopted this 16th Day of October 2024 by the following vote:
AYES: Mr. Keenan, Mr. Kuhl, Mrs. Palacino, Mr. Henkel, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. Cipperly