Staff Notes
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Appeal No.: 2-2011
Appellant: John Salvador, Jr.
Project Location: Clermont – Assembly Point
Meeting Date: August 24, 2011
Information requested:
Appellant has filed an appeal application which references section 179-
5-020, B, 3 – “No accessory structure may be erected without a principle
structure and/or use.”
Staff comments:
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 July 18, 2011.
The appellant has not demonstrated that he is the property owner,
immediate neighbor or a party of interest in the subject property.
As the appeal paperwork does not reference, as required, a specific
Zoning Administrator decision from which he is appealing it appears as
though the filed paperwork is untimely and unfounded. The only date
referenced in the appeal paperwork is a June 29, 2011 Zoning Board
meeting to which a reference to the public hearing is made. An appeal
of an action or decision rendered by the Zoning Board of Appeals is not
appealable to the Zoning Board of Appeals. The decision made by
Note:
the Zoning Administrator on this property was issued on March 11, 2011
which is well over the allowable 60 day timeframe for appeals.
Further, 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 code as
the owner of the property of interest does not create standing.
There does not appear to be adequate standing for this appeal to move
forward.
Applicant: Salvador
Date: February 23, 2011
Page -2-
L:\Craig Brown\2011 Staff Notes\NOA 2-2011 Savador.doc
Zoning Board of Appeals
Community Development Department Staff Notes