Resolution 12.18.24
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: Mountain Vista Properties (Chris Racicot)
File Number: AV 46-2024
Location: 3 thru 21 Foothills Rd.
Tax Map Number: 315.6-2-12
ZBA Meeting Date: December 18, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Mountain Vista
Properties (Chris Racicot). (Revised) Applicant proposes the construction of two 5-unit apartment buildings
for 10 total new units. Site work will include on-site septic, stormwater management, and connection to
municipal water. Project will maintain the existing 8 units between four buildings; site will have 18 units. Site
work includes installation of fencing and additional plantings for screening. Project includes merger of two lots
for a site of 9.17 acres where multi-family buildings require 2 acres per unit without sewer and water. Site plan
for multi-family project. Relief requested for number of units on lot and density.
The applicant requests relief for the construction of 10 new units for the number of units on lot size, density,
and number of units. The project parcel is 9.17 ac in the Moderate Density Residential zone.
Section 179-3-040 density
The applicant requests relief for lot size where 10 units would require 20 ac where sewer and water are not
provided requires 2 ac per unit. The existing number of units is 8 and the additional 10 units for a total of 18
units where 36 ac would be required. The lot size of 9.17 ac where 0.51 ac per unit is proposed. Number of
units proposed is 18 overall where the maximum allowed is 4 units.
SEQR Type II – no further review required;
A public hearing was advertised and held on August 21, 2024, October 16, 2024, & December 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 the applicant has made significant changes to the project to appease the neighbors.
2. Feasible alternatives have been considered by the Board, are reasonable and have been included to minimize
the request.
3. The requested variance is not substantial because the density is the same as the surrounding properties.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
Relief Required:
5. The alleged difficulty may be considered self-created because of the type of project it is.
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. 46-
2024, Introduced by Robert Keenan, who moved for its adoption, seconded by Brent McDevitt:
Duly adopted this 18th Day of December 2024 by the following vote:
AYES: Mr. Cipperly, Mrs. Palacino, Mr. Keenan, Mr. McDevitt, Mr. Urrico, Mr. Underwood
NOES: NONE
ABSENT: Mr. Henkel, Mr. Kuhl, Mr. McCabe