AV 67-2017 Richards Fence Approval & Compliance 10.18-2017 OL Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518)761-8238
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October 20,2017 Compliance Letter AT' EWE: 10N1 PRIOR TO
COMNIENCJ N('p ANY SITE W 0K-K
TO: Stephen& Deborah Richards (FENCE-) PIA-ASE R1 AL) AND >tilNDERSTAN D THIS
Loration: 65I4icksRoad COMPL1ANCT LETTER!
Tax Map Number- 297.7-1-26
RE: Area Variance Z-AY-67-2017
Your application, afkerreview and consideration by the Zoning Board of Appeals;(ZBA)was approved(resolution attached)_ 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 tuna frame has expired_ See section 179-14-M.
Additional requirements and review for this project shall include:
I. Please submit four{4)copies of the ZBA approved plans to the Zoning Office for the Zoning Administrator's approval -One
(1)copy will be returned to you in order to be posted on the project site.
2. post Approval-Contact Bruce Frank—Code Compliance Officer
Once the approved plans have been submitted to the Zoning Office you roust contact the Code Comptiance Officer for
pre-construction meeting before any work is starte4 and at any time during the site development should any constraints,
concerns or questions arise, Mr. Frank will monitor the site development throughout the project for compliance with your
approval;however,see item 3;
Contact Bruce Frank,Code Compliancs Officer at 76 1.-9226.
Applicant may apply for a building permit unless the proposed project requires review,approval or permit frorn the
Adirondack Park Agency, lake George park Commission or other State agency or department.
3. As-built plats anrVw Certification must be submitted to this office for review and approval prior to the issuance of Final
sign-off from the Zoning Department and/or a Certificate of Occupancy—
if there are no modifications or changes from the approved plan provide a certification from the project designer_
If there are minor modifications or changes from the approved plan provide revised site plans with certificationi that the
changes are acceptable from project designer. This may be,potentially,approved adminis#ratively.
If there are major modifications or changes frorn the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This will Iikely require re-approval by the Zoning Board.
Sincerely,
/�'D
raig Brown
Director of Planning&Zoning
Zoning Administrator
031sh
-on ing 13oard of Appeals—Record of resolution
Town of QueeEsbury 742 Bay Road Quetnsbury, ICY 1 804 (518) 761-8238
7'cmi ofCLee,r'FJAjry
Area Variance Resolution To: Approve
Applicant Dame: Stephen H. & Deborah A. Richards (FENCE)
File Number: T-AV-67-2017
Location: 65 Hicks Road
Tax Map Number: 297.7-1-2
BA Meeting Date: Wednesday, October 18, 2017
The Zoning Board of Appeals of the Town of QueensbuTy has received an application from Stephen H. &
Deborah A. Richards. Applicant proposes to maintain already constructed 1 installed fence located in the front
yard. Relief requested for placement and height as the fence exceeds the maximum allowable height of 4 feet
for fences in front yards. Survey waiver request granted.
Relief Required:
The applicant requests relief from maximum height re Hctions for fence pia enment in a front yard - fence
exceeds the maximurn allowable height of feet for fences in front yards.
Section 179-5-070 Fences
The cads allows for four foot fences in the front yard non stockade. The proposed fence is to be 4.5 R tall and
encloses the front of the property on Hicks Rd.
EQR Type II—no further review required;
A public hearing was adveTfised and held an Wednesday, October 18, 2017;
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 17 -14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Lain and after discussion and deliberation, we find as follows:
L There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
because the fence is just slightly larger than what would be approved.
2. Feasible alternatives have been considered but are not reasonable at this particular time because the fence is
already built_
3. The requested variance is not substantial. The half a toot is minimal in regards to the four foot allowance.
4. The is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
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5. The alleged difficulty is, of course, self-created.
6 In addition the Board finds that the benefit to the applicant front granting the requested variance would
outweigh a royal 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;
S. The Board also proposes the following conditions:
a) Conditioned upon the Water Department granting the structure within their easement area.
b) 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
- 7-2017 Stephen R. & Deborah A. Richards, Introduced by Michael McCabe. who moved for its adoption,
seconded by John Henkel:
Duly adopted this I St" day of October 2017 by the following vote:
AYES: Mr. Urrico, Mr. Kuhl, Mr. Underwood, Mr. Freer, Mx. Henkel. Mr. McCabe, Mr. Jarkoski
NOES: NONE
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