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Staff Notes Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Appeal No.: 1-2011 Appellant: John Salvador, Jr. Project Location: off Dixon Road Meeting Date: February 23, 2011 Information requested: Appellant is appealing to the Zoning Board of Appeals relative to a December 7, 2010 determination from the Zoning Administrator stating that a determination by the Director of Building and Codes is not appealable to the Zoning Board of Appeals. Staff comments: First, Standing: Was the appeal taken within the appropriate 60 day time frame and is the appealing party aggrieved? The application was signed and filed with the Town on December  13, 2010. The appellants are not the property owners, immediate neighbors  or parties of interest in the subject property. While the appeal was filed within the required timeframe there does not appear to be any obvious direct impact on the appellant to indicate that the appellant is an appropriately aggrieved party. The appellant is not a property owner of the parcel in question, nor is he an immediate neighbor or even a property owner within an arguable “zone of influence.” Merely being subject to the same building code as the owner of the property of interest does not create standing. The appellants papers do not offer any proof of injury in fact or a very significant possibility of future harm to him as a result of the decision in question. There does not appear to be adequate standing for this appeal to move forward. Second, Merits of the argument if the appellant is found to have standing: The appellant is appealing a Zoning Administrator interpretation regarding a determination rendered stating that a determination made by the Applicant: Salvador Date: February 23, 2011 Page -2- Director of Building and Codes is not appealable to the Zoning Board of Appeals. New York State Town Law, Article 16, Zoning and Planning, section 267a. paragraph (4) states: 4. Hearing appeals. Unless otherwise provided by local law or ordinance, the jurisdiction of the board of appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any ordinance or local law adopted pursuant to this article. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the town. As the reference to; “this article” is within the article Zoning and Planning of Town Law and the Town Building and Codes Director (BCD) is not the administrative official charged to enforce planning and zoning issues, the appeal of a determination by the BCD is not appealable to the ZBA. Further, Article 14 of the Town Zoning Code; Appeals and Variances, sections 179-14-010 and 179-14-020 clearly specifies that the Zoning Board of Appeals may only hear a decision, determination, order, requirement or interpretation made by the Zoning Administrator. This paragraph serves to further clarify that an appeal of a determination by the BCD is not appealable to the ZBA. Finally, in Appeal 3-2005 the question of appealing a decision of the Director of Building and Codes to the ZBA was answered by this Board and specifically to this appellant in a situation where he was determined to have standing. The finding of this Board was that such a DBC decision is not appealable to the ZBA. (please see attached resolution and meeting minutes as well as the Zoning Administrators December 7, 2010 letter and the Appellant’s November 22, 2010 letter and personally customized appeal application which was the genesis of this matter.) Zoning Board of Appeals Community Development Department Staff Notes Applicant: Salvador Date: February 23, 2011 Page -3- L:\Craig Brown\2011 Staff Notes\NOA 1-2011 Savador.doc Zoning Board of Appeals Community Development Department Staff Notes