Resolution (Babcock) 9.21.22
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: Thomas & Marybeth Babcock
File Number: AV 42-2022
Location: 15 Chestnut Rd.
Tax Map Number: 289.13-1-12
ZBA Meeting Date: September 21, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Thomas &
Marybeth Babcock. Applicant proposes to construct a 2-story addition to the south side of the existing home.
The existing home is 1,079.2 sq. ft. with 357 sq. ft. porch area (footprint); the existing floor area is 2,230 sq. ft.
The new garage to be 554 sq. ft.; total new floor area is 2,569 sq. ft. Site plan for new floor area in a CEA and
expansion of a nonconforming structure. Relief is requested for setbacks, floor area, and height.
The applicant requests relief for setbacks, floor area, and height for the construction of a new garage and a two-
story addition to the existing home.
Section 179-3-040 WR, 179-6-065 new floor area, 179-13-010 expansion
The existing garage to be demolished where the new garage is proposed to be 5 ft to the side property line
where 12 ft is required, proposed 16.2 ft to the front property line where a 30 ft setback is required. The 2-story
addition is to be located 6.8 ft to the side property line where a 12 ft setback is required. Relief is also requested
for the garage height of 17 ft where 16 ft is the maximum allowed, then the floor area is proposed to be 2,569 sq
ft where 1,615 sq ft is the maximum allowed noting the additional floor area being added is 339 sq ft.
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, September 21, 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. It’s not any different than what currently exists in the neighborhood on that side.
2. Feasible alternatives have been considered by the Board. It’s a slight increase in the size of the garage. It’s
deemed to be reasonable and the addition is minimal.
3. The requested variance is not considered to be substantial because it’s a minimal change from what
currently exists on the property.
Relief Required:
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
They have an enhanced system for their wastewater treatment and all the proposed additions that ha ve been
proposed here this evening will enhance the property, the property value, as far as stormwater goes.
5. The alleged difficulty is considered to be self-created. It’s a small lot.
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. 42-
2022, Introduced by James Underwood, who moved for its adoption, seconded by Richard Cipperly:
Duly adopted this 21st Day of September 2022 by the following vote:
AYES: Mr. Henkel, Mr. Underwood, Mr. Kuhl, Mr. Urrico, Mr. Cipperly, Mr. McCabe
NOES: NONE
ABSENT: Mr. McDevitt