Area Variance Resolution
Zoning Board of Appeals – Record of Resolution
742 Bay Road Queensbury, NY 12804 (518) 761-8238
Town of Queensbury
James Underwood, Chairman Roy Urrico, Secretary
Irene Marshall Irene Marshall
TO:PROJECT FOR:
2 Oak Street 101 Fitzgerald Road
Hudson Falls, NY 12839
The Queensbury Zoning Board of Appeals has reviewed the following request at the below
stated meeting and has resolved the following:
Area Variance No. 4-2010, Irene Marshall
Meeting Date: Wednesday, May 19, 2010
Approved _X_
, Introduced by Brian Clements who
MOTION TO APPROVE AREA VARIANCE NO. 4-2010 IRENE MARSHALL
moved for its adoption, seconded by Ronald Kuhl:
101 Fitzgerald Road. The applicant proposes to remove a total of approximately 176 square feet of
access decking and stairs and install instead a total of approximately 265 square feet of access decking,
stairs, and stair landings. Further, the applicant proposes approximately 116 square feet of new decking
attached to the dwelling adjacent to the shoreline. The relief required is the applicant seeks relief from
the minimum shoreline setback as per Section 179-4-030 as follows: Number One, 43 feet of shoreline
relief requested from the 50 foot requirement for proposed deck adjacent to the shoreline. Number Two,
10 feet of west side relief requested from the 20 foot requirement for proposed deck adjacent to the
shoreline. Number Three, 38 feet of shoreline relief requested from the 50 foot requirement for dwelling
access deck. Number Four, 8 feet of east side line relief requested from the 20 foot requirement for
northern portion of dwelling access deck stair landing, and Number Five, 13 feet of west side line relief
requested from the 20 foot required for southern portion of the proposed replacement stairs. In
considering the Area Variance, in making the determination, the Board shall consider, Number One,
whether an undesirable change will be produced in the character whether an undesirable change will
be produced in the character of the neighborhood or a detriment to nearby properties will be created
by granting this Area Variance. Minor impacts to the neighborhood may be created by granting this
Area Variance. Whether the benefit sought by the applicant can be achieved by some method feasible
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
742 Bay Road Queensbury, NY 12804 (518) 761-8238
Town of Queensbury
Continued resolution
ZBA Meeting Date: Wed., May 19, 2010
Area Variance No. 4-2010, Irene Marshall
for the applicant to pursue other than the Area Variance? Alternatives to the multiple area variances
appear to be limited due to the constraints of the lot. Whether the requested Area Variance is
substantial? The request for 43 feet or 86% relief from the 50 foot shoreline setback requirement for the
proposed deck adjacent to the shoreline may be considered severe relative to the ordinance. However,
most people on Glen Lake are looking for decks, or have decks on the front of their dwellings.
Additionally, the request for 10 feet or 50% relief from the 20 foot sideline setback requirement for the
proposed deck adjacent to the shoreline may be considered moderate relative to the ordinance.
Further, the request for 38 feet or 76% relief from the 50 foot shoreline setback requirement for the
dwelling access deck may be considered severe relative to the ordinance. The request for 8 feet or 40%
relief for the east sideline setback for the northern portion of dwelling access deck stair landing may be
considered moderate relative to the ordinance. Finally, the request for 13 feet or 65% relief for west
sideline setback relief for the southern portion of proposed replacement stairs may be considered
moderate to severe relative to the ordinance. Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the neighborhood or district. Moderate
impacts on the physical and environmental conditions may be anticipated. Whether the alleged
difficulty was self-created? The nonconforming nature of the parcel and the location of the existing
home appear to contribute to the need for multiple area variances. In addition, we would like to request
that the vegetation in front of the deck and adjacent to the shoreline be left as it is and not be trimmed
or pruned or taken out, and the deck stay uncovered to increase the permeability. So it doesn’t
decrease the permeability.
Duly adopted this 19 day of May, 2010, by the following vote:
th
AYES: Mr. Kuhl, Mrs. Hunt, Mr. Urrico, Mrs. Jenkin, Mr. Underwood
NOES: Mr. Garrand
Sincerely,
James Underwood, Chairman
Queensbury Zoning Board of Appeals
JU/sh
Cc: Steve Alheim
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
Final, approved plans in compliance with this variance must be submitted to the Community
Development Department before any further review by the Zoning Administrator or Building & Codes
personnel. Subsequent issuance of further permits, including building permits are dependent on receipt.
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.)