Staff Notes NOA 1-2018 Freihofer_9 26 18Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Appeal No.: 1-2018
Appellant: Caffry & Flower for Charles C. Freihofer, III
Project Location: 3300 State Route 9L
Meeting Date: September 26, 2018
Appellant is appealing to the Zoning Board of Appeals relative to a June
26, 2018 form letter from the Zoning Administrator relative to the issuance
of Site Plan Review approval 67-2017; Gregory Teresi.
First, Standing:
Was the appeal taken within the appropriate 60 day time frame and is
the appealing party aggrieved?
The appeal was filed within the required timeframe.
• The Notice of Appeal application was filed with the Town on July
30, 2018.
• While the appellant has not offered any information regarding a
direct damage or harm to them that differs from that of the general
public, or an explanation of how they are aggrieved, they are an
adjacent property owner.
Second, Merits of the argument if the appellant is found to have standing:
The appellant is appealing a Zoning Administrator form letter, sent to all
applicants that have been issued either a Planning Board or Zoning Board
of Appeals decision. The position of the appellant is that this form letter
constitutes a determination.
Information requested:
Staff comments:
Zoning Board of Appeals
Community Development Department Staff Notes
Page 1 of 2
Appeal No.: 1-2018
Appellant: Caffry & Flower for Freihofer
It is the Zoning Administrator position that the subject letter does not
constitute an interpretation, decision or offer any position or explanation
of any section of the Town Zoning Ordinance that the appellant has
referenced.
The appellant’s main argument appears to be that the property involved
in the SP 67-2017 application must be merged with the adjoining lands to
the west and, once joined, treated as one parcel for the purposes of
applying the provisions of the Town Zoning Ordinance per 179-13-060, D.
The June 26, 2018 letter from the Zoning Administrator does not refer to this
section of the code or render any determination or interpretation
regarding the same.
Page 2 of 2
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