Resolution (Detmer) 7.20.22/i 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: Christopher & Eva Detmer
File Number: AV 32-2022
Location: 70 Browns Path
Tax Map Number: 296.11-1-9
ZBA Meeting Date: July 20, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Christopher &
Eva Detmer. Applicant proposes to construct a new single family dwelling with an attached garage. The home
is 2,237 sq. ft. The project site contains wetlands and includes site work for retaining wall, septic and driveway
area. Site plan for hard surface within 50 ft. of the shoreline and Freshwater Wetlands work within 100 ft. of a
wetland. Relief requested for setbacks.
Relief Required:
The applicant requests relief for setbacks to the construction of a new single family home. The parcel is 1.42 ac
located in MDR (SR1A Maple Rowe Farms Subdivision SUB 3-1988)
179-3-040 MDR, Chapter 94 Wetland
The house is proposed to be 10.4 ft from the wetland where 75 ft setback is required.
SEQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, July 20, 2022.
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.
2. Feasible alternatives have been discussed and the only place proposed for the house is the only place they
could build something realistically.
3. The requested variance is deemed to be moderate, but it's understandable as it's the last lot in the
subdivision to be filled in.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty is really self-created because of the wetland setbacks from the runoff from the rest of
the subdivision.
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. 32-
2022, Introduced by James Underwood, who moved for its adoption, seconded by Michael McCabe:
Duly adopted this 20th Day of July 2022 by the following vote:
AYES: Mr. Henkel, Mr. Kuhl, Mr. Cipperly, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. McDevitt