Staff Notes Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 59-2014
Project Applicant: John Breyo, Marilyn Breyo & Aston Goldberg, LLC
Project Location: 3430 State Route 9L, 5 Antigua Road, & 0 Antigua Road
Meeting Date: August 20, 2014
Description of Proposed Project:
Applicant proposes installation of a 538 linear feet, 8 foot tall deer-protection fence along their contiguous
parcels parallel to Route 9 and Antigua Road. The 8 foot fence will run of the front & side boundary lines
to the Town of Lake George boundary.
Relief Required 1
Parcel will require an area variance from section 179-5-070 fences:
Fence Height Fence Height Front Yard
Side Yard (470.78 +/- ft) including
architectural front(75 +/- ft)
Required 6 ft 4 ft
Proposed 8 ft 8 ft
Relief 2 ft 4 ft
Criteria for considering as Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of this area variance. Minor
impacts to the neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be available to lower
the height to the required six feet however the applicant has indicate the fence height is to deter
wildlife destroying the landscape on the property.
3. Whether the requested area variance is substantial. The requested may be considered moderate
relevant to the code.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor impacts to the physical or
environmental conditions in the neighborhood may be anticipated. The applicant has indicated the
fencing would be placed within the existing vegetative cover.
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
BP 90-468: Septic alteration
BP 90-079: Septic alteration
BP 85-420: Septic alteration
Staff comments:
The applicant proposes to install a 538 feet of fencing at 8 ft in height along four properties of Antigua Rd
and Route 9L along the Queensbury side of the properties. This includes approximately 545.78 ft of Front
yard fence of which 75 ft may be considered architectural front required to be at 4ft in height. The
remainder of 80 ft side yard is required to be no more than 6ft. The applicant has explained that it is a
deer protection fence to deter deer from eating the landscaping on the site. The plans show the location of
the fence on all portions of the properties as they are split by the town line of Queensbury and Lake
George. The applicant has indicated they have attempted to discourage the deer from eating with lights,
sounds, and temporary fencing and was not successful. The applicant has explained that the fencing
would not be seen off the property as it would be screened by existing plantings.
SEQR Status:
SEQR Type II
Zoning Board of Appeals
Community Development Department Staff Notes
Aug14-09
Warren County Planning Department
Project Review and Referral Form
Reviewed by Department on July 31, 2014
Project Name: John Breyo, Marilyn Breyo&Aston Goldberg LLC
Owner: John Breyo, Marilyn Breyo&Aston Golberg LLC
ID Number: QBY-14-AV-59
County Project#: Aug14-09
Current Zoning: WR
Community: Queensbury
Project Description:
Applicant proposes installation of an 860 linear feet, 8 ft tall deer protection fence along four continguous parcels parallel
to Route 9L and Antigua Road. The 8 ft fence will run on the front and side boundary lines to the Town of Lake George
boundary. Relief requested is for maximum allowable height of a fence.
Site Location:
3430 State Route 9L, 5 Antigua Road and 0 Antigua Road
Tax Map Number(s):
239.17-1-2
Staff Notes:
The issues here appear to be of a local nature involving local issues without any significant impacts on County properties
or resources. Staff recommends no county impact based on the information submitted according to the suggested
review criteria of NYS General Municipal Law Section 239 L applied to the proposed project.
Local actions to date(if any):
County Planning Department:
NCI
Local Action:/Final Disposition:
.42,/pcd
Warr County Planning Department D114 Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Steven Jackoski, Chairman Roy Urrico, Secretary
TO: John & Marilyn Breyo PROJECT FOR: J. Breyo, M. Breyo, Aston Goldberg, LLC
51 Winding Brook Drive Route 9L and Antigua Road
Saratoga Springs, NY 12866
Aston Goldberg, LLC ZBA Meeting Date: Wed., August 20, 2014
167 Wolf Road, Suite 211
Albany, NY 12205
RESOLUTION TO: Approve/ Disapprove, Area Variance No. 59-2014, John & Marilyn Breyo, Route 9L and
Antigua Road,Tax Map No. 239.17-1-1, 2, 3, and 4
The Zoning Board of Appeals of the Town of Queensbury has received an application from John and
Marilyn Breyo for a variance from Section(s): 179-5-070 of the Zoning Code of The Town of Queensbury.
Applicant proposes installation of an 538 linear feet, 8 ft.tall deer-protection fence along four
continguous parcels parallel to Route 9L and Antigua Road. The 8 ft.fence will run on the front and side
boundary lines to the Town of Lake George boundary. Relief requested is for maximum allowable height
of a fence.
SEQR Type II-no further review required;
A public hearing was advertised and held on Wed., August 20, 2014;
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:
<Insert responses to 1-7>
1. Will an undesirable change be produced in the character of the neighborhood or will a detriment
to the nearby properties be created by the granting of the requested area variance?
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant
to pursue, other than an area variance?
3. Is the requested area variance substantial?
4. Will the proposed area variance have an adverse impact on the physical or environmental
conditions in the neighborhood or district?
5. Is the alleged difficulty self-created?
6. In addition the Board finds that the benefit to the applicant from granting the requested variance
would outweigh /would be outweighed by the resulting detriment to the health, safety and
welfare of the neighborhood or community;
Page 1 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ZBA Decision Resolution (continued)
ZBA Meeting Date: Wed., August 20, 2014
Area Variance Application No. 59-2014, John Breyo, Marilyn Breyo & Aston Goldberg, LLC
7. The Board also finds that the variance request under consideration is the minimum necessary;
Based on the above findings I make a MOTION TO APPROVE/ DENY Area Variance No. 59-2014, John
Breyo, Marilyn Breyo, and Aston Goldberg, LLC , Introduced by ,who moved for its adoption,
seconded by
As per the resolution prepared by staff with the following:
A. <insert conditions>
B. <insert conditions>
C. 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 time frame expires;
D. Final approved plans in compliance with an approved variance must be submitted to the
Community Development Department before any further review by the Zoning Administrator or
Building & Codes personnel;
E. Subsequent issuance of further permits, including building permits are dependent on receipt of
these final plans;
F. Upon approval of the application; review and approval of final plans by the Community
Development Department the applicant can apply for a building permit unless the proposed
project requires review, approval, or permit from the Town Planning Board and/or the Adirondack
Park Agency, Lake George Park Commission or other State agency or department.
Duly adopted this 20th day of August, 2014, by the following vote:
AYES:
NOES:
Steven Jackoski, Chairman
Queensbury Zoning Board of Appeals
SJ/sh
cc: Michael J. O'Connor, Edq.
Page 2 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)