Staff Notes Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 10-2014
Project Applicant: Matthew & Samantha Ball
Project Location: Lot 5 - East and south end of Michaels Drive
Meeting Date: 2-26-2014
Description of Proposed Project:I
Applicant proposes construction of a 1,900 sq. ft. single family dwelling on Lot 5 of the Sherman Acres
subdivision. Project is associated with a Site Plan within an approved subdivision where development of
4 single family homes and the construction activities include hard surfacing within 50 feet of shoreline
and disturbance within 100 feet of a designated wetland (required PB review).
Relief Required:I
Parcel will require area variances as follows: Relief requested from road frontage requirements for direct
access on a public street. Section 179-4-050 Frontage
Road frontage
Required 50'
Proposed 0 ft
Relief 50 ft
Criteria for considering an Area Variance according to Chapter 267 of Town Law:I
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of this area variance. Minor
impacts to the neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the
location of wetlands on the parcel to be developed.
3. Whether the requested area variance is substantial. The request may be considered substantial
relevant to the code.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated
5. Whether the alleged difficulty was self created. The difficulty may be considered self created.
Parcel History (construction/site plan/variance, etc.):
AV 9-14: Lot 2-shoreline setback relief
SP 14 -14: Filling&creation of hard surfaced areas (driveways)within 50 feet of a shoreline.
FW 1-14: Disturbance of land within 100 feet of a regulated wetland.
SB 4-90: Applicant proposes a modification to the Sherman Acres subdivision for a proposed cul-de-sac
on Amy Lane to add 50 feet of road frontage to each lot, creating a private driveway. Modifications to
approved subdivisions require Planning Board review and approval. 12-16-08
Staff comments:I
The applicant proposes to construct a home and have the driveway access the lot across an adjacent parcel.
The applicant requests relief for not having physical access from their lot to the public highway. The
applicant has indicated the access through the neighboring parcel would allow for no disturbance of the
wetland on the owners parcel. The applicant also explained the parcel was created under previous
approved subdivision prior to wetland delineation requirements.
SEQR Status:I
Type II
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
k%,-/
Steven Jackoski, Chairman Roy Urrico, Secretary
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TO: Matthew & Sammantha Ball PROJECT FOR: Matthew & Sammantha Ball
9 Ball Blvd Lot 5 Michaels Drive (Sherman Acres)
Queensbury, NY 12804 ZBA Meeting Date: Wed., February 26, 2014
RESOLUTION TO: Approve / Disapprove , Area Variance No. 10-2014, Matthew & Sammantha Ball, Lot 5
Michaels Drive (Sherman Acres Subdivision), Tax Map No. 308.6-1-27;
The Zoning Board of Appeals of the Town of Queensbury has received an application from Matthew &
Sammantha Ball for a variance from Section(s): 179-3-040 of the Zoning Code of The Town of
Queensbury for construction of a 1,900 sq. ft. single-family dwelling on Lot 5 of the Sherman Acres
Subdivision. Project is associated with a Site Plan within an approved Subdivision where development of 4
single-family homes and the construction activities include hardsurfacing within 50 ff. of shoreline and
disturbance within 100 ft. of a designated wetland (requires Planning Board review). Lot 5 proposes to
have access to Michaels Drive through an easement on Lot 6. Relief requested from road frontage
requirements for direct access on a public street.
SEQR Type II-no further review required;
A public hearing was advertised and held on Wednesday, February 26, 2014;
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:
<Insert responses to 1-7>
1. Will an undesirable change be produced in the character of the neighborhood or will a detriment
to the nearby properties be created by the granting of the requested area variance?
2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant
to pursue, other than an area variance?
3. Is the requested area variance substantial?
4. Will the proposed area variance have an adverse impact on the physical or environmental
conditions in the neighborhood or district?
Page 1 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)
Zoning Board of Appeals - Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
ZBA Decision Resolution (continued)
ZBA Meeting Date: Wednesday, February 26, 2014
Area Variance Application No. 10-2014, Matthew& Sammantha Ball
5. Is the alleged difficulty self-created?
6. In addition the Board finds that the benefit to the applicant from granting the requested variance
would outweigh/would be outweighed by 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;
Based on the above findings I make a MOTION TO APPROVE/ DENY Area Variance No. 10-2014 Matthew
& Sammantha Ball, Introduced by , who moved for its adoption, seconded by
As per the resolution prepared by staff with the following:
A. <insert conditions>
B. <insert conditions>
C. 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 expires;
D. Final approved plans in compliance with an approved variance must be submitted to the
Community Development Department before any further review by the Zoning Administrator or
Building & Codes personnel;
E. Subsequent issuance of further permits, including building permits are dependent on receipt of
these final plans;
F. Upon approval of the application;review and approval of final plans by the Community
Development Department the applicant can apply for a building permit unless the proposed
project requires review, approval, or permit from the Town Planning Board and/or the Adirondack
Park Agency, Lake George Park Commission or other State agency or department.
Duly adopted this 26th day of February 2014, by the following vote:
AYES:
NOES:
Steven Jackoski, Chairman
Queensbury Zoning Board of Appeals
SJ/sh
cc:Tom Center- Nace Engineering
Page 2 of 2
Approval of the application means that the applicant can now apply for a Building Permit unless
your lands are Adirondack Park Jurisdictional or other approvals are necessary (such as review
by the Queensbury Planning Board.)
i