Approval Resolution.AV 49-2019
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 Chainyk
File Number: AV 49-2019
Location: 110 Sunnyside North
Tax Map Number: 279.17-2-16
ZBA Meeting Date: November 20, 2019
The Zoning Board of Appeals of the Town of Queensbury has received an application from David Chainyk.
Applicant proposes to remove a converted porch of 176 sq. ft. that is used for kitchen, bath, and entry. The
project is to construct a new 176 sq. ft. area for the kitchen, bath, and entry in the area that is to be removed.
The existing home is 836 sq. ft. floor area and the site has a 441 sq. ft. garage. The project includes adjusting
the roofline to assist with stormwater and ventilation. Relief is requested for setbacks.
Relief Required:
The applicant requests relief for setbacks in the waterfront residential zone (wr).
Section 179-3-040 dimensional relief
The applicant proposes to remove an existing converted porch area to replace with same size addition. The new
construction is to be 6 ft. where a 12 ft.
setback is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on November 20, 2019;
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
because we believe that the applicant is going to improve the property with this project and stay within the
current bounds.
2. Feasible alternatives have been considered, but are not reasonable at this particular time because they don’t
fit the needs of the applicant.
3. The requested variance is certainly not substantial at all. It stays within the bounds of the current property.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
In fact, we feel this is going to improve the environmental conditions in the neighborhood.
5. The alleged difficulty is of course self-created.
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 NO. 49-
2019, Introduced by Michael McCabe, who moved for its adoption, seconded by Michelle Hayward:
th
Duly adopted this 20 day of November 2019 by the following vote:
AYES: Mr. Kuhl, Mr. Henkel, Mr. Underwood, Mr. McCabe, Mrs. Hayward, Mr. Urrico, Mr. Freer
NOES: NONE
Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Compliance Letter
Today’s Date: November 21, 2019
ATTENTION: Prior to commencing any site work
TO: Applicant Name: David Chainyk
please read this letter.
Location: 110 Sunnyside North
Please call this office with any questions.
Tax Map Number: 279.17-2-16
RE: File No. AV 49-2019
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 plus an electronic version 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/kd