Resolution & Compliance Letter 9.21.227o�rn nr'C`icenshtu;�-
Zoning Board of Appeals
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Compliance Letter
Today's Date: September 22, 2022
TO: Applicant Name: Rebecca Gearwar
Location: 10 Applehouse Lane
Tax Map Number: 301.9-1-14
RE: File No. AV 35-2022
ATTENTION: Prior to commencing any site work
please read this letter.
Please call this office with any questions.
Your application, after review and consideration by the Zoning Board of Appeals; (ZBA) was approved (resolution attached). The
variance approval is valid for one (1) year from the date of approval. You may request an extension of approval before the one (1)
year time frame has expired. See section 179-14-090.
Additional requirements and review for this project shall include:
Please submit four (4) copies plus an electronic version of the ZBA approved plans to the Zoning Office for the Zoning
Administrator's approval - One (1) copy will be returned to you in order to be posted on the project site. Electronic versions
can be emailed to karend(a�queensbury.net. A survey map must be submitted with the final plans.
2. Post Approval -Contact Bruce Frank —Code Compliance Officer
Once the approved plans have been submitted to the Zoning Office you must contact the Code Compliance Officer for
pre -construction meeting before any work is started, and at any time during the site development should any constraints,
concerns or questions arise. Mr. Frank will monitor the site development throughout the project for compliance with your
approval; however, see item 3;
Contact Bruce Frank, Code Compliance Officer at 518-761-8226.
Applicant may apply for a building permit unless the proposed project requires review, approval or permit from the
Adirondack Park Agency, Lake George Park Commission or other State agency or department.
As -built plans and/or Certification must be submitted to this office for review and approval prior to the issuance of Final
sign -off from the Zoning Department and/or a Certificate of Occupancy —
If there are no modifications or changes from the approved plan provide a certification from the project designer.
If there are minor modifications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This may be, potentially, approved administratively.
If there are major modifications or changes from the approved plan provide revised site plans with certification that the
changes are acceptable from project designer. This will likely require re -approval by the Zoning Board.
Sincerely,
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Craig Brown
Director of Planning & Zoning
Zoning Administrator
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Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
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Area Variance Resolution To: Approve
Applicant Name: Rebecca Gearwar
File Number: AV 35-2022
Location: 10 Applehouse Lane
Tax Map Number: 301.9-1-14
ZBA Meeting Date: September 21, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Rebecca Gearwar.
(Revised — additional fence site details) Applicant proposes to install an eight -foot -high fence on the northwest
side of the property because of slope of property. Fence to be a privacy fence. The existing home of 1,867 sq. ft.
which includes garage and porch will remain with no changes. Relief requested for height of fence type.
Relief Required:
The applicant requests relief for height of fence type. The lot is 16,988 sq ft and located in the MDR zone.
179-5-070 Fence
The fence to be installed is 68 ft in length and to be placed on the west property line; it will be 8 ft in height and
a 24 ft south section connected to the house also at 8 ft in height as a privacy fence.
SEQR Type II — no further review required;
A public hearing was advertised and held on July 27, 2022, August 24, 2022, and 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.
2. Feasible alternatives have been considered by the Board and I think this is a reasonable choice.
3. The requested variance is not substantial because of the topography and privacy from the neighbors.
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 because you go on the lot and there it is.
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. 35-
2022, Introduced by Richard Cipperly, who moved for its adoption, seconded by James Underwood:
Duly adopted this 21st Day of September 2022 by the following vote:
AYES: Mr. Cipperly, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: Mr. Kuhl, Mr. Henkel
ABSENT: Mr. McDevitt