Staff Notes Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 86-2014
Project Applicant: Joseph DeMatties
Project Location: 485 Ridge Road
Meeting Date: December 17, 2014
(Description of Proposed Project:I
Applicant requests after the fact relief for placement of a 420 sq. ft. carport for storage of wood and lawn
equipment.
I Relief Required:I
Parcel will require area variance from Section!79-5-020 Accessory structures specific for garages: Relief
requested for a second garage.
2°d garage
Maximum 1
allowed
Proposed 2
Relief 1
Criteria for considering an Area Variance according to Chapter 267 of Town Law:I
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of this area variance. Minor
impacts to the neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered to
expand the existing attached garage. (Additional information would be necessary to determine if the
existing garage and an addition meet the allowable garage size.)
3. Whether the requested area variance is substantial. The relief requested may be considered
substantial relevant to the code.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to have
no impact on the environment of the neighborhood.
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
!Parcel History (construction/site plan/variance, etc.):I
BP 06-278: Attached garage
BP 03-555: Porch
Staff comments:I
The applicant has completed a variance application with the request for approval of an already in place
420 sq. ft. carport structure behind the existing home. Relief is requested for having two garages; the
structure is considered a second garage as it has the ability to store vehicles and the width access is greater
than 6ft. The applicant has indicated there is an existing storage structure on the site that currently is in
bad repair that will be removed from the site if the new carport is granted to remain. The applicant
proposes to maintain the structure as an open carport for storage of materials, wood and yard equipment.
The plans show the location of the new carport with photos. Staff would suggest contingent the existing
old storage unit to be removed.
SEQR Status:I
Type II
Zoning Board of Appeals
Community Development Department Staff Notes
Warren County Planning Department Dec14-16
Project Review and Referral Form
Reviewed by Department on December 3, 2014
Project Name: DeMatties, Joseph
Owner: Joseph DeMatties
ID Number: QBY-14-AV-86
County Project#: Dec14-16
Current Zoning: MDR
Community: Queensbury
Project Description:
Applicant requests after the fact relief for placement of a 420 sq ft carport for storage of wood and lawn equipment.
Relief requested for a second garage.
Site Location:
485 Ridge Road
Tax Map Number(s):
297.14-1-2
Staff Notes:
The issues here appear to be of a local nature involving local issues without any significant impacts on County properties
or resources. Staff recommends no county impact with a recommendation based on the information submitted according
to the suggested review criteria of NYS General Municipal Law Section 239 L applied to the proposed project.
Local actions to date(if any):
County Planning Department:
NCI
Local Action:/Final Disposition:
4-Me Dee,
War 4 County Planning Department Date Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Steven Jackoski, Chairman Roy Urrico, Secretary
TO: Joseph DeMatties PROJECT FOR: Joseph DeMatties
485 Ridge Road 485 Ridge Road
Queensbury, NY 12804 AV 86-2014
ZBA Meeting Date: Wed., December 17, 2014
RESOLUTION TO: Approve/ Disapprove, Area Variance No. 86-2014, Joseph DeMatties, 485 Ridge Road,
Tax Map No. 297.14-1-2
The Zoning Board of Appeals of the Town of Queensbury has received an application from Applicant
Name for a variance from Section(s): 179-5-020 of the Zoning Code of The Town of Queensbury.
Applicant requests after the fact relief for placement of a 420 sq. ff. carport for storage of wood and lawn
equipment. Relief requested for a second garage.
SEQR Type II-no further review required;
A public hearing was advertised and held on Wednesday, December 17, 2014;
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:
<Insert responses to 1-7>
1. Will an undesirable change be produced in the character of the neighborhood or will a detriment
to the nearby properties be created by the granting of the requested area variance?
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant
to pursue, other than an area variance?
3. Is the requested area variance substantial?
4. Will the proposed area variance have an adverse impact on the physical or environmental
conditions in the neighborhood or district?
5. Is the alleged difficulty self-created?
6. In addition the Board finds that the benefit to the applicant from granting the requested variance
would outweigh/would be outweighed by 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;
Page 1 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ZBA Decision Resolution (continued)
ZBA Meeting Date: Wed., December 17, 2014
Area Variance Application No. 86-2014, DeMatties
Based on the above findings I make a MOTION TO APPROVE / DENY Area Variance No. 86-2014, Joseph
DeMatties, Introduced by , who moved for its adoption, seconded by .
As per the resolution prepared by staff with the following:
A. <insert conditions >
B. <insert conditions>
C. The variance approval is valid for one (1) year from the date of approval; you may request an
extension of approval before the one (1) year time frame expires;
D. Final approved plans in compliance with an approved variance must be submitted to the
Community Development Department before any further review by the Zoning Administrator or
Building & Codes personnel;
E. Subsequent issuance of further permits, including building permits are dependent on receipt of
these final plans;
F. Upon approval of the application; review and approval of final plans by the Community
Development Department the applicant can apply for a building permit unless the proposed
project requires review, approval, or permit from the Town Planning Board and/or the Adirondack
Park Agency, Lake George Park Commission or other State agency or department.
Duly adopted this 17th day of December 2014, by the following vote:
AYES:
NOES:
Steven Jackoski, Chairman
Queensbury Zoning Board of Appeals
SJ/sh
cc: DeMatties, VanEvery, and Passaniti
Page 2 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)
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