AV 18-2022 Resolution (Mann) 7.27.22
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: Jeffrey & Joanne Mann
File Number: AV 18-2022
Location: Bay Road & Pickle Hill Road
Tax Map Number: 265.-1-23.1
ZBA Meeting Date: July 27, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Jeffrey & Joanne
Mann. (Revised) Applicant proposes a 5-lot subdivision of a 35.23 acre parcel. The lot sizes include: Lot 1
(6.92 ac); Lot 2 (5.95 ac); Lot 3 (7.77 ac); Lot 4 (3.63 ac); and Lot 5 (11.57 ac). The project is located in the
APA and the site includes APA and NWI wetland areas. The site has existing out buildings along the south side
of Bay Road. The project areas indicate they are within 50 ft. of 15% slopes, a major stormwater project.
Project is subject to subdivision of 5 lots, hard surfacing within 50 ft. of wetland/shoreline work, work within
100 ft. of designated wetland. Relief requested for road frontage, stormwater device location, and lot width.
The applicant requests relief for road frontage, stormwater device location, and lot width for a five lot
subdivision. The lot is 35.23 ac and located in the Rural Residential RR3A zone.
Section 179-4-020 dimensional RR3A, Chapter 147 Stormwater
The applicant proposes 5 residential lots. Lot 2 requires relief for lot width where 362 ft. is proposed and 400 ft.
is required; road frontage where 400 ft. is required and 325 ft. is proposed. Relief is requested for distance to
stormwater device being less than 100 ft. where 50 ft. is proposed. Relief is also requested for the 3 ft. vertical
separation distance for a device where 2 ft. is proposed. Revised is setback to the stormwater management
device. Lot Four will have access to Pickle Hill Road through Lot Three.
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, May 25, 2022 & July 27, 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. We talked about the 50 feet for the stormwater devices.
2. Feasible alternatives have been reviewed and are reasonable and have been included to minimize the
request.
3. The requested variance is not substantial as this is a good use of the property.
Relief Required:
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty really we could say is self-created, but it’s only because of the nature of the
properties.
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. 18-
2022, Introduced by Ronald Kuhl, who moved for its adoption, seconded by Brent McDevitt:
Duly adopted this 27th Day of July 2022 by the following vote:
AYES: Mr. Henkel, Mr. Kuhl, Mr. Urrico, Mr. Underwood, Mr. McDevitt, Mr. McCabe
NOES: NONE
ABSENT: Mr. Cipperly