AV 09-2012 Marshall
Zoning Board of Appeals – Record of Resolution
742 Bay Road Queensbury, NY 12804 (518) 761-8238
Town of Queensbury
Steven Jackoski, Chairman Roy Urrico, Secretary
Donald Marshall Donald Marshall
TO:PROJECT FOR:
2 Oak Street 101 Fitzgerald Road Extension
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. 9-2012 Donald Marshall
Meeting Date: Wednesday, March 21, 2012
Approved _X_
MOTION TO APPROVE AREA VARIANCE NO. 9-2012 DONALD MARSHALL, Introduced by Brian
Clements who moved for its adoption, seconded by Joyce Hunt:
101 Fitzgerald Road Extension. The applicant proposes removal of 130 sq. ft. of existing stairs and
replacement with 320 sq. ft. of stairs, landings, and decking. Further, a 23 foot access landing and stairs
would be removed and replaced on the west side of the structure. Applicant has received approval for a
116 sq. ft. deck along shoreline, (AV 4-2010); total square feet of decking to include previous approval
equates to 459 square feet. Relief required is parcel will require area variances as follows: Shoreline -
Request for 40.5 feet of relief from the 50 foot shoreline setback requirement of the WR zone as per
§179-3-040 for stairs leading to the shoreline. East side setback – Request for 13.8 feet of relief from the
20 foot setback requirement of the WR zone as per §179-3-040 for landing associated with stairs leading
to the shoreline. Note that this is the closest portion of the stairs and deck proposal that requires relief;
majority of stairs and deck requires relief from the 20 foot east side setback.
West side setback – Request for 17.9 feet of relief from the 20 foot side setback requirement of the WR
zone as per §179-3-040 or the landing and stairs associated with west side access to camp.
Permeability – Request for 8.5% or an additional 519 sq. ft. of permeability relief from the 25%
requirement of the WR zone. Resulting permeability equates to 33.5%. Expansion of a Non-conforming
structure – The Zoning Board of Appeals must approve this request as per §179-13-010F. In making the
determination, the Board shall consider: 1. Whether an undesirable change will be produced in the
character of the neighborhood. 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. Lot limitations preclude any feasible method by which to avoid an area
variance. 3. Whether the requested area variance is substantial. All requests are substantial, but it is
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 ZBA Resolution
ZBA Meeting Date: Wed., March 21, 2012
Area Variance No. 9-2012, Donald Marshall
generally due to previous conditions, and basically was approved under the previous variance 4-2010. 4.
Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district. Little adverse impacts on the physical or environmental
condition in the neighborhood may be expected. 5. Whether the alleged difficulty was self created. The
difficulty could be considered self-created. I move to approve Area Variance No. 9-2012. That the
Planning Board pay particular attention to our concerns regarding the trees and that if there were any
conditions on the previous Area Variance that they apply to this one also, in particular the large tree that
was to the east of this property , if there’s any way that it can stay because it is not within the footprint of
that deck or those stairs that it’ll b be protected as much as possible. That there should be no increase
in the deck’s square footage or stairs landings of stairs other than what is presented, because I don’t
want to see a further expansion of that side deck because the lot line runs away from it. Also that the
front deck on the lakeside does not get expanded in any way. I’d like the Planning Board also to make
sure that the shoreline is well protected and that the applicant must install the Town Board approved
septic alterations.
st
Duly adopted this 21 day of March, 2012, by the following vote:
AYES: Mr. Clements, Mr. Garrand, Mrs. Hunt, Mr. Jackoski
NOES: Mr. Koskinas
ABSENT: Mr. Underwood, Mr. Urrico
Sincerely,
Steven Jackoski, Chairman
Queensbury Zoning Board of Appeals
SJ/sh
Cc: Hutchins Engineering
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.)