AV 19-2022 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 19-2022
Location: 76 Pickle Hill Road
Tax Map Number: 265.-1-23.2
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 3-lot subdivision of a 17.1 acre parcel. The lot sizes include: Lot 6 (3.8
acres); Lot 7 (4.1 acre); and Lot 8 (9.2 acres) near to the Mann 5-lot proposed subdivision on a separate parcel.
The project is located in the APA and is near to APA and NWI wetland areas. The site information indicates
there are areas with 15% slopes, project is a major stormwater project. Project is subject to subdivision for 3
lots, hard surfacing within 50 ft. of wetlands/shoreline, work within 100 ft. of wetland. Relief requested for
road frontage and stormwater device location.
The applicant requests the following relief: Relief requested for road frontage and stormwater device location.
The applicant requests relief for road frontage, stormwater device location, and lot width for a three- lot
subdivision. The lot is 17.1 ac and located in the Rural Residential RR3A zone. Relief requested for road
frontage and stormwater device location.
Section 179-3-040 dimensional, 147 stormwater,179-4-050 frontage
Revised. Relief is requested for distance to stormwater device being less than 100 ft. where 50 ft. is proposed.
Relief is requested for the 3 ft. vertical separation distance for a device where 2 ft. is proposed. Relief is
requested for lot 6 of 3.8 ac and Lot 7 of 4.1 ac physical access to use a proposed drive for Lot 8 of 9.2 ac. In
addition, Road frontage relief is requested for Lot 8 where 57.86 is proposed, Lot 6 and Lot 7 where 0 ft is
proposed and required is 400 ft. Revision was for setback to stormwater management device.
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. As we’ve all kind of discussed here today, the lots are greater than three acres and there appears
to be plenty of room.
2. Feasible alternatives have been considered by the Board and are somewhat limited due to environmental
constraints.
Relief Required:
3. The requested variance is not substantial and is minimal relative to the Code.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty is 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. 19-
2022, Introduced by Brent McDevitt, who moved for its adoption, seconded by James Underwood:
Duly adopted this 27th Day of July 2022 by the following vote:
AYES: Mr. Henkel, Mr. Underwood, Mr. McDevitt, Mr. Kuhl, Mr. Urrico, Mr. McCabe
NOES: NONE
ABSENT: Mr. Cipperly