Resolutions Zoning Board of Appeals—Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Town of Queensbury
RESOLUTON APPROVING AREA VARIANCE 10-2015
APPLICANT: LOU ANNE RICE & STEPHEN RICE REPRESENTING
MARY LOU EMERY& DANNY LEE EMERY
Tax Map ID 309.18-1-10.1 (Emery)AND Tax Map ID 309.18-1-11 (Rice)
Property Address: 10 and 4 East Branch Drive respectively
Lou Anne Rice& Stephen Rice are proposing a lot line change between 10 East Branch Road (Emery), and 4
East Branch Drive(Rice). Applicant(Rice)proposes to reduce a 1.06 acre parcel, owned by Emery, by 0.056
acres for a remaining lot size of 1.004 acres. The 0.056 acre portion will be merged with adjoining lot, owned
by Rice, that is currently 0.36 acres and will have a new lot size of 0.416 acres.
As required by General Municipal Law Section 239-m the variance application was referred to the Warren
County Planning Department for its review; on March 14, 2015 there was a recommendation of No County
Impact;
SEQR Type II -no further review required;
The ZBA conducted a public hearing on Wednesday,March 18,2015;
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 looks like this exists. So the Rice is the highland and the other is the low land.
2. Feasible alternatives are extremely limited or basically not possible.
3. The requested variance is not substantial because there's just a very small parcel of land being conveyed.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district
because a very small change is being made.
5. Is the alleged difficulty is not self-created. It's something that came about years ago for reasons
unbeknownst to anybody at this particular time.
6. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh 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;
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Phone: 518.761.82201 Fax: 518.745.4437 1 742 Bay Road,Queensbury.NY 12804 1 www.queensbury.net
CONTINUED ZBA RESOLUTON:
AREA VARIANCE 10-2015
APPLICANT: LOU ANNE RICE&STEPHEN RICE REPRESENTING
MARY LOU EMERY& DANNY LEE EMERY
Tax Map ID 309.18-1-10.1 (Emery)AND Tax Map ID 309.18-1-11 (Rice)
Property Address: 10 and 4 East Branch Drive respectively
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE AREA VARIANCE NO.
10-2015 LOU ANNE RICE & STEPHEN RICE & MARY LOU EMERY & DANNY LEE EMERY,
Introduced by Michael McCabe,who moved for its adoption, seconded by Kyle Noonan:
Duly adopted this 18th day of March 2015 by the following vote:
AYES: Mr. Urrico, Mr. Garrand,Mr.Noonan,Mr. McCabe, Mr. Jackoski
NOES: NONE
ABSENT: Mr. Henkel, Mr. Kuhl
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Phone: 518.761.82201 Fax: 518.745.4437 1 742 Bay Road,Queensbury.NY 128041 www.queensbury.net