Glens Falls Zoning Board approves three area variances, accepts negative declarations

The Glens Falls Zoning Board of Appeals on July 21, 2025 approved area variances for three properties after reviewing short-form environmental assessment forms and discussing neighborhood impacts.

The board accepted lead agency status and issued negative declarations under the State Environmental Quality Review Act (SEQR) for the applications before voting to grant the variances. The actions covered: an area variance for a chemical storage tank at 21 Rogers Street; a use/area matter for a unit at 57 Leonard Street; and an area-variance and fence-height variance at 82 Sherman Avenue, which the board approved with a condition limiting one corner’s fence height.

The board first considered an application identified as Area Variance 25-0003 for 21 Rogers Street. Brett Walters, representing the property owner (tax map number 303.18-8-1), said the applicant seeks a front-yard setback relief of 3 feet from a 50-foot minimum to install a chemical storage tank tied to industrial process improvements. Board discussion noted that the applicant had reduced the product concentration to 27.5%, which a presenter described as changing its classification to a lower hazard class, and that lot coverage would change only slightly — from 79.65% existing to 79.83% proposed, a difference described in the record as under 0.2%. The board determined the project to be an unlisted action, accepted lead agency status, issued a negative declaration, and then moved to grant the requested area variance as presented.

At the meeting the board reviewed the statutory four-factor balancing test for area variances, with members noting that the request was “substantial” in percentage terms but that substantial relief does not automatically preclude approval. The record shows discussion of site constraints, alternative locations on the property, and lingering questions about safety that the board said relate to land-use authority rather than fire-code compliance. The board voted to grant the variance and recorded the environmental determination on the short form.

The board next took up a matter in which Edward Fitzgerald, Esq., represented property owners Sarah and Bruce Whaley (tax map number 303.13-2017) at 57 Leonard Street. The board accepted lead agency status, reviewed the short-form environmental assessment form, issued a negative declaration, and granted the application after finding the applicant met the variance criteria as presented at the hearing.

The final item was Area Variance 25-0009 for 82 Sherman Avenue, filed by owners Jason and Laurie Culverhouse (tax map number 309.7-8-14). They sought relief for a front-yard setback (12 feet from a 15-foot minimum) to extend an existing fence and a variance to construct a 6-foot-tall fence where code would otherwise limit height. Neighbors raised sight-line and driveway-visibility concerns near a sidewalk and a crosswalk. The board and neighbors discussed a compromise: allowing the bulk of the fence at 6 feet while reducing the southwest corner adjacent to the driveway/crosswalk to roughly 4 feet to preserve visibility. The board approved the variance with that condition and asked staff (identified in the record as Devin) to follow up on the exact placement and documentation.

Votes at a glance

- Area Variance 25-0003 — 21 Rogers Street (tax map 303.18-8-1): motion to accept lead agency status and negative declaration; motion to grant area variance for front-yard setback to install a chemical storage tank — outcome: approved; conditions/notes: SEQR negative declaration accepted; record notes small lot-coverage change and reduced chemical concentration to 27.5%.

- Application for 57 Leonard Street (tax map 303.13-2017): motion to accept lead agency status and negative declaration; motion to grant application — outcome: approved.

- Area Variance 25-0009 — 82 Sherman Avenue (tax map 309.7-8-14): motion to grant area variance to extend fence line and allow 6-foot fence height, with the southwest corner reduced to ~4 feet for visibility — outcome: approved with condition; staff follow-up required.

The board’s minutes record that the approvals followed review of the SEQR short-form environmental assessment forms and the area-variance balancing test required under New York State law. Several neighbors provided comment on sight lines and driveway safety during the Sherman Avenue discussion; board members said those concerns informed the conditional approval. The record also shows that a local fire official was present for the Rogers Street discussion and that board members distinguished land-use jurisdiction from fire-code compliance when considering safety questions.

The board directed staff to finalize permit language and follow up with applicants on compliance items and fence placement where conditions were attached. No precise vote tallies by member were recorded in the portions of the transcript supplied to the record; motions were made and seconded and the board announced approvals.