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: Timothy Bello
File Number: AV 69-2024
Location: 40 Pulver Rd.
Tax Map Number: 227.14-1-10
ZBA Meeting Date: December 18, 2024
The Zoning Board of Appeals of the Town of Queensbury has received an application from Timothy Bello.
Applicant proposes site improvements that include shoreline and slope stabilization, recreation area, and
retaining wall of dry stacked stone. There is to be a new tree planting plan and stormwater management
installed. The applicant is complying with a notice of violation for removal of vegetation within 35 ft of the
shoreline without approvals. The existing 1,096 sq ft (footprint) home, 472 sq ft (footprint) detached garage, 30
sq ft accessory structure, and 1,276 sq ft porch/deck area are to remain. Site plan for site work for shoreline area
and plantings. Relief for setback of infiltration device.
The applicant requests relief for setback of infiltration device. The project site is located at 40 Pulver Road on a
2.11 ac parcel in the Waterfront Residential zone.
Section 179-3-040 Dimensional, Chapter 147
The site work includes installation of stormwater management less than 35 ft from the shoreline where 17 ft is
proposed.
SEQR Type II – no further review required;
A public hearing was advertised and held on 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. I actually believe that the stormwater infiltration basin will be an improvement to the character
of the shoreline and it will help protect the lake from stormwater runoff and potential sediment and erosion.
2. Feasible alternatives have been considered by the Board, and they may be limited due to the location of the
existing home, and as we indicated the work that was already completed on the site.
3. The requested variance I do not believe is substantial as they’re proposing to manage all the stormwater
from existing and proposed impervious cover as far away from the lake as feasible and I believe that’s very
important.
Relief Required:
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
Again, I believe it will have a positive environmental impact long-term.
5. The alleged difficulty is self-created due to the aforementioned discussions that we’ve had.
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; And the
applicant is very cognizant of how important it is to this Board relative to those plantings.
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. 69-
2024, Introduced by Brent McDevitt, who moved for its adoption, seconded by Robert Keenan:
Duly adopted this 18th Day of December 2024 by the following vote:
AYES: Mrs. Palacino, Mr. Urrico, Mr. Cipperly, Mr. Keenan, Mr. McDevitt, Mr. Underwood
NOES: NONE
ABSENT: Mr. Henkel, Mr. Kuhl, Mr. McCabe