Approval Resolution
Zoning Board of Appeals – Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Area Variance Resolution To: Approve
Applicant Name: David C. Madden Living Trust
File Number: Z-AV-24-2018
Location: 152 Sunnyside North
Tax Map Number: 290.5-1-33
ZBA Meeting Date: Wednesday, April 18, 2018
The Zoning Board of Appeals of the Town of Queensbury has received an application from David C. Madden
Living Trust. Applicant proposes construction of a 400 sq. ft. open deck addition to an existing 1,449 sq. ft.
home. Relief requested from permeability and minimum property line setback requirements for the WR zoning
district.
Relief Requested:
179-3-040 Dimensional Requirements
The applicant proposes to expand and existing open deck. The existing decks south side is 57 sq. ft. and the
north side is 55.5 sq. ft. with the proposed deck to be 400 sq. ft. The new deck is to be located 12.9 ft. from the
south property line and 12.3 ft. from the north property where a 20 ft. setback is required. Permeability is to be
73% and required is 75%
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, April 18, 2018;
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:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties
as this deck is just a natural addition to his property.
2. Feasible alternatives are really limited and it’s a good add.
3. The requested variance is really not substantial.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. You could suggest that it is self-created.
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Continued ZBA Resolution of Approval Z-AV-24-2018 David C. Madden Living Trust
6. In addition the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) 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;
8. The Board also proposes the following conditions:
a) 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
Z-AV-24-2018, David C. Madden Living Trust, Introduced by Ronald Kuhl, who moved for its adoption,
seconded by Michael McCabe:
th
Duly adopted this 18 day of April 2018 by the following vote:
AYES: Mrs. Hayward, Mr. Underwood, Mr. Henkel, Mr. Urrico, Mr. McCabe, Mr. Kuhl, Mr. Freer
NOES: NONE
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Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ATTENTION: PRIOR TO
Compliance Letter
COMMENCING ANY SITE WORK,
PLEASE READ AND UNDERSTAND THIS
April 19, 2018
COMPLIANCE LETTER!
TO: Applicant Name: David C. Madden Living Trust
Location: 152 Sunnyside North
Tax Map Number: 290.5-1-33
RE: Area Variance Z-AV-24-2018
Your application, after review 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 time frame has expired. See section 179-14-090.
Additional requirements and review for this project shall include:
1. 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 must contact the Code Compliance Officer for
pre-construction meeting before any work is started, 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 Compliance Officer at 761-8226.
Applicant may apply for a building permit unless the proposed project requires review, approval or permit from the
Adirondack Park Agency, Lake George Park Commission or other State agency or department.
3. As-built plans and/or 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 certification that the
changes are acceptable from project designer. This may be, potentially, approved administratively.
If there are major modifications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This will likely require re-approval by the Zoning Board.
Sincerely,
Craig Brown
Director of Planning & Zoning
Zoning Administrator
CB/sh