AV 48-2022 Resolution (Mason) 10.19.22
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: William Mason
File Number: AV 48-2022
Location: 4 Onondaga Drive
Tax Map Number: 239.8-1-49
ZBA Meeting Date: October 19, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from William Mason.
Applicant proposes removal of existing 768 sq. ft. home to construct a new home of the same footprint with a
second story and basement located in the Takundewide development. The new floor area is to be 2,354 sq. ft.
The project includes a 32 sq. ft. new porch landing entry and an 18 sq. ft. smaller access landing to the existing
porch. The project has completed connection to the Takundewide community septic and water supply from the
lake. Site plan for new floor area in a CEA. Relief is requested for setbacks, permeability, and floor area.
The applicant requests relief for setbacks, permeability, floor area, and expansion of a nonconforming structure
for constructing a second floor. The site is located in the Waterfront Residential zone on a 2,288 sq. ft. parcel.
Section 179-3-040 dimensional requirement
The applicant proposes the new home with two porch areas. The applicant requests relief from setbacks,
permeability, and floor area. The setbacks for the home are proposed north to be 7 ft. (fireplace), 8 ft. east
porch entry, 6 ft. to the south porch entry and 10 ft. west (shore side) where a 15 ft. setback is required for all
four sides. The permeability is to be 64% where 75% is required. The floor area is proposed to be 67% based
on the lot size where 22% is the maximum allowed – the applicant has explained the parcel is part of an existing
HOA where a majority of the 18.7 acres is common area for the association members –in addition the master
plan indicates the 18.7 ac is to be considered during the request for a house expansion with the HOA.
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, October 19, 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 similar to other homes in the HOA.
2. Feasible alternatives have been considered by the Board and we are satisfied that this plan is similar to the
previous.
Relief Required:
3. The requested variance is substantial, but it’s mitigated by connection to the community water and
wastewater that’s been created.
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, but it’s due to the small lot sizes on the property.
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. 48-
2022, Introduced by James Underwood, who moved for its adoption, seconded by Brent McDevitt:
Duly adopted this 19th Day of October 2022 by the following vote:
AYES: Mr. Henkel, Mr. Cipperly, Mr. Kuhl, Mr. McDevitt, Mr. Urrico, Mr. Underwood, Mr. McCabe
NOES: NONE