Resolution (Randles) 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: Jeffrey Randles
File Number: AV 46-2022
Location: 42 Old Assembly Point Rd.
Tax Map Number: 239.12-2-11
ZBA Meeting Date: September 21, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Jeffrey Randles.
Applicant proposes alterations to existing single family home with removing the first story down to the first
floor and to reconstruct the first floor with a second story, additional basement area and an attached garage
using the existing foundation. New floor area to be 6,968 sq. ft. and the total footprint of the new house to be
3,348 sq. ft. The main floor would alter the north side with a new dining area and a new garage. The south side
bedroom areas to be added to the footprint of the structure. The second floor would include additional living
space and storage. The project includes stormwater management and shoreline plantings. Site plan review for a
new floor area and alterations to the existing home shall be subject to Planning Board review and approval.
Relief requested for setbacks.
The applicant requests relief for setbacks from the shoreline to the new construction. Parcel is 0.83 acres and in
the WR zone.
Section 179-3-040 dimensional, 147 stormwater
The applicant proposes the new home on the existing foundation. The home on the west side would be 46 ft.
from the shoreline where 53.75 ft. is required due to the adjoining home setback. Relief already granted for the
home is to be 8 ft. where 20 ft. is required to the north side. Also already granted was the stormwater devices
setback for 48 ft. and 88 ft. where 100 ft. setback is required.
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
as this is a re-build on the existing foundation and it’s a large piece of property.
2. Feasible alternatives really are very limited due to the fact that they’re going to re-build on the foundation,
but they’re reasonable and have been included to minimize the request.
3. The requested variance is really not substantial.
Relief Required:
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood or district.
5. The alleged difficulty we could suggest is self-created, but again it’s because they’re re-building on an
existing foundation. If it were new construction they could move it back.
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. 46-
2022, Introduced by Ronald Kuhl, who moved for its adoption, seconded by John Henkel:
Duly adopted this 21st Day of September 2022 by the following vote:
AYES: Mr. Urrico, Mr. Henkel, Mr. Cipperly, Mr. Kuhl, Mr. Underwood, Mr. McCabe
NOES: NONE
ABSENT: Mr. McDevitt