Application TOWN OF QUEENSBURY
742 Bay Rard, Quccusi ury, NY. 72BO4-5902
May 10, 2018
Arum BSc Sara Pea rsa11
9 Riverside Drive
ueensbury, NY 12804
RE. .312 sf sked
Tax Map o: 309.14-1-44.
Dear Mr. & Mrs. Pearsall;
I am writing to you in response to mfr review of your recently submitted Area Variance
application and to document your recent conversations with Laura Moore of my office.
I fired that an Area Variance will be needed as the proposed location of the shed does not meet the
minimum setback requirements for the WR zoning district.
This letter serves as the denial letter for the processing of your variance application.
Should you have any questions regarding the above comments, please do not htsitate to contact
this office.
Sincerely,
Town of Queensbury
C
Brown
Zoning Administrator
CBlsh
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Adam and Sara Pearsall
9 Riverside Drive --. r Pa T'
Queensbury, NY. 12804
May 7, 2018 L
.
Town of Queensbury honing and honing hoard SE �--C�
742 Bay Road
Queensbury, 12804 ,`' 1 X
WURY
FFICE
To whom it may concern,
We are asking permission to place a 12' wide x 26' long by 10.4' high shed with 6' or
under doors (dimensions provided by Garden Time, from whom we are purchasing the shed)
closer to our "front" ict line along Riversid a Drive than is standard (20' setback instead of 30').
We are replacing our current shed (which is a bit over 30' from our front lot line as per
zoning setback requirements) with a larger one as it is a ground mount for part of our
photovoltaic (solar power) system. The system has worked very well for several years, but as
our electric consumption has grown we are expanding the system. We walked around the
property with several members of the company with whom we are working (Apex Solar), and
determined that the best location for the shed was in the area of the current shed, however
because of the added panels (and therefore shed size) it would be best placed closer to the
road than our existing shed. Our alternative is cutting a number of large trees to the west of
the shed, which would have a greater impact on the neighborhood than we would like (see
image cin following page)
To place the shed where we wish minimal cutting is needed (see following images;
orange tape is where the shed would go, the yellow tape measure is on the 30' set back line).
That said, we are looking in to removing the honeysuckle and sumac, which along with
bittersweet and grape vines is growing up in to the telephone and power lines. If removed they
would be replaced with a more pleasing looking foliage in character with the neighborhood
(some sort of evergreen for year-round screening). I'm still wafting to hear Mack from a local
landscaper on what may be possible;there is a good chance nothing will change, but i wanted
to mention it. Either way we wish to continue a screen of the house and shed from the road.
Please seethe images on the following pages for a clearer illustration of the project.
1e are happy to answer any questions or concerns you have.
Thank you for your time and consideration,
Adam E. Pearsall Sara H.B. Pearsall
Looking East along the road: Current road frontage in the vicinity of the shed (you can see the
shed roof and current solar panels). As everything greens up we have a "green wall" and you
can't see rnuch. We keep the road frontage mowed:
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Looking West along the road:
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Fromthe-ladder on proposed shy location seen in theimage a — n e sun throughl ate
afternoon most of the¥eer (5 pm)
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If the shed is kept 30' back (moving west from the current location) much of the year the panels
will be shaded starting in the early afternoon-, we would need to remove the large pine trees
(and a few maples that are behind there) to the west. Note panids shaded by early afternoon
(3pm or earlier).
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If the shed was moved closer to the house we would have several problems:
-Backyard access for equipment (such as for access to the garden or septic tank)
-Significant shading of the solar panels by the house with the exception of the summer months
Area VarianCe [ZBAappmvod: Septcmbu21 2615]
General hifarniation
359,14-1-44.2
Tax Parctl Hb Namber:
R
Zoning District;
Detailed Eescription ofProjcct[include current& [proposed use]=
Sited set back 35'from front lot line (Riverside Drive)
Current Use;
Replacement Shed Set back 20'from front lot line (Riverside Dr.) T
Proposed Use..
9 Riverside Drive, Queensbury, NY. 12804
Location of Project;
Applicant Dame: Adam and Sara Pearsall Mailing Address 9 Riverside Drive
Dome phone 518,812.0214 City,state, Zip Queensbury, NY. 12804
Work Phone Cell Phone 518.796.8949
E-Mail: mapson@cranemtn.com FAX No.
Agent's Name: Mailing Address
Mame Phone City, Mate,Zip
Work Phone Cell Phone
E-mail FAX Ido_
0-wner's Name Adam and Sara Pearsall Mailing Address 9 Riverside Drive
Horn(-Phi)ne 518.812,5214 city, skate,Zip Queensbury, DIY, 128084
Work Phone Cell Phone 518.795,8948
E-mail mapson0cranerntn_com FAX No.
Page t
Area Y arianCe InA apgroved; Sepirmbw 21 2616]
itC Davclaonumt Data
Area I Type Existing sq.fL ProposedTotal sq, ft.
Additions . ft.
A. Building footprint 1898 0 1898
B. Detached Garage Wa n/a n/a
C. Accessory Structure(s) 180 (current) 152 312
(raoWng shed
D. Pared, gravel or other hard surfaced arca 2,567 0 2,567
E- Porches 1 Decks 510/380 0 51 W80
F. Other n1a rl�a nfa
Cr. Total!don-Ptrmeable [Add IA-F] 5.515 152 5,667
H. parcel Area [43,560 sq. ft. acre] 43,560 43,560 43,560
1. Percentage of impermeable Area of Site [I=G11:i] .126 .128 .130
Setback Requirements
Area Required Euisting Proposed
Front Yard [1 30 30(shed), 43.55(house) 20(new shed), 43.55
rront Yard [2] 111a n1a n1a
Shoreline 50' 64.3 54.3
S ide Yard [1] 25' 104.6' 104.6'
Side Yard [2] 25' 90 90
Rear Yard[1] 30' 14-3 14.3
Rear Yard[21 n1a We n/a
Travel Corridor n1a n/a r9a
Height[nmximum] 28' 22' 22'
Permeability 759 87.4% 87.0%
Number of parking spaces n!a n/a rVa
Pap 2
,Area VarianCeIZBAapproved= Swtamher2120151
Additional Project Inforrria t ion
1, Will the proposal require a Septic Variance From the Town Board of F[ealw No
2. l f the parcel has previous approvals,list application number(s): 67-20050 FZ-187-2015
3. Dols this project require coverage under the Now York State Pollutant Discharge Eli urination System(SPDES)Permit
Program? _Yes 1X_No
4. Fstimated project duration- Start Date,6 D18? End Date:712018?
5. Estimated total cost of project: MOM
6. Total area of land disturbance for project: 152 (new area)
Floor Area Ratio Worksheet
FLOOR AREA RATIO (FAR)—The relationship of building size to lot si , derived by dividing the total building floor
area by the lot size in square feet,yielding a percentage.
Zoning District Symbol Floor Area Ratio[FAR]
Wit &ont Residential VVR 0.22
Commercial Moderate I Commercial CM I CI 0.3
Intensive
A. The combined area of all square footage, as measure from exterior wal Is of al I Stl aoures on the property, including all
floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered
porChCS_ Building square footage does not include= Open deck, docks and that portion of covered docks extending
over water and om storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be
included. (See*FLOOR AREA RATIO").
B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of bid Iding
or structure,and when applicable,the sum total of all floor areas of the principal and accessory buildings or structures
on the project site.
Parcel Area 43,660 sq, ft.
Existing Floor Area 4973 sq.fl, see above definition
Pro ed Addidam l Floor Area 152 sq. fl.
P reposed Total Floor Area 5125 sq,fk
Total Allowable Floor Area 9.583.2 Area x 0.22 sc>c above fable
Page 3
Area Variance [ZBAupprurad= Ssptcmbcw21 2016]
Compliance with Zoning Ordu3ance
Requesting relieffram SECTION: 179-14-MO(A)
Need relief from the mgiak ieut(s)listed blow which can not be met by the project as proposed.
[Check all that apply] ] Setback ❑Buffer Zone ❑Lot Widtb Elfter
The following questions reflect the criteria for granting this type of variancic- Please complete them; use additional sheets if
needed.
1. Whether an undesirable change will be produced in the character of the neigbborbood or a detriment to
nearby pmperty will be created b the grantin �of this area variance`s
The area een our road frontage and ouse is cunwily mostly honeysuckle and sumac- During file summa no change
2- Wbether the benefit sought bfy the applicant can be achieved by surne method, feasible for the applicant
to pursue, other than an area variance?
We are placing The shad in an ideal ioc.ation for the solar panels mounted on the&I";without cutting a significant number of
trees which will have a greater impact an the nei boyhood .
3. Wbether the requested area variance is subsmntial?
It wil I not he noticeable from the road(please 9pa inl?Lgis along with narrative)-
Whether the proposed variance will have an adverse effect or impact on the physical or environment
conditions in the neighborhood or district?
Thm will be very little,if any,notimble change if a variance is granted Otherwise we will need to remove several large
trees in order to have an acceptable level of solar electricity production-
5. Whether the alleged difficulty was self-created?
Wu arc twin u to place tht solar shed in an ideal location with minimal impact working with the existing strictures(house) _
and trees.
Page 4
Area VarianCe (aAspprrnvd! SeptembegZI MQ
Section 174-14030-Application materials
Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision_ The
applicant is to providc a site plan dowing(s)-a survey showing existing Conditions,a proposed conditions map(see page 00 for
specific Criteria)and include any other attaehments that address A-D as applicable to the proposed proj act.
A. General Shown on Sheet#
1 Title,Dame Address of appEcant.&pemn mponsiblc for preparation of drawing
2 Deed
3 North arrow,Tax Map IT),date eEgared and scale mhUmwn. 1 inch =40 feet
4 Boundaries of the property ploved to scale,zm-ing boundary
5 Principal structures,accessory structures with exterior dimensions
5 Site improvements incl. outdoor starage areas,driveways,parking areas, etc.: existing& -1
r osed
7 Setbacks for all Anwtures and irn rovements; existing&proposod
S Elevations and floor plans of alI proposed and affected structures
B. Water& Sewer Shown on Sheet#
1 Project:sewage disposal facilities,design details,construction detail s,flow rates, and number of NA
bedrooms proposed
2 Water supply(i.e. well)&septic on adjoining lots with separation distances to existing or NA
proposed onsite wager supply and septic
3 Sepmtion distances for proposed sewage die al s tem to well and water bodies NA
4 Existing public or private water supply [well,lake, etc.]. Method of securing public or private S_1
water, location,design and construction of water supply iinclud daily water ass e
5 Percolation test location and results NA
C Parking I Permeable Areas Shawn on Sheet#
1 Number of spaces required for project including calculations and justification: exisfg&. NA
proposed
2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing NA
material [e.g.,gravel,paved]
3 Provision for pedestrian and bandicap access and pa&d , exiaina&oroposed NA
4 Design details of ingress,egress,loading areas and cuttin . existin 8E proposed NA
S Location and character of green areas [existing and proposed],modification to green area,buffer NA
zone to remain undisturbed
6ti location and des of all existingand proposed outdoor li titin
D. Additional Site Development and Miscellaneous Shown on Sheet#
1 On-site&adjacent watercourses screams, rivers,lake acid wetlands
2 Utility 1 emW distribution system as electric,solar,telephone]. existing&proposed NA
3 Location,design and construction details of all existing and proposed site improvements NA
ineludin . drains,culverts retaining walls fencas, fire&emergency zones and hydrants, etc.
4 Square footage of bldg,area proposed for office,manufacturing, retail sales or other commercial NA
activities: exi5ting&proposed
5 Signage, Location size a deMgn and setback: existing&_proposed NA
Waiver Rtquesk provide letter with application requesting any waivers; please reference See narrative
ecifiC items
7 Commercial/Industrial Development mquixcs submission of Landscaping,Stornowater NA
Manse g1g&g&Lighting.Plans
8 Identification of Federal, State or County permits required for the project together with a record i
oflication for all necessary pernuts
Page 5
Area Variance [ZBA oppTaved: 20961
Pre-Submission Conference Form I Section 179-9-040
1. AppIieant Name: Adam and Sara Pearsall
2. Tax Map ID 309.14-1-44.2 Location; 9 Riverside Drive
3. Zoning Classification Wil
4. Reason for Review: Setback relief
5. Zoning Section#. 179-14-080(A)
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Dead t/
General Information oomplete
Site Development Data Complete _t'
Setback Requirements Complete
Additional Project Information Completef''
FAR addressed " G - k C,6r [., -
Compliance with Zoning Ordinance 1
Checicltst items addressed
Environmental Farm completed
Signature Page completed
r
In,)(J_Lr_r"44 Lul f. 1
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Staff Representative- t, +C
ppIicant l A cnt: .:: Date;
Elisa 6
Arca VarlanCC [F9Aapprasad. September2k 2015]
This page includes the 1,) Authorizntion to Act as Agent Farre_ 2.) Engineering Fee Disclosure; 3.) Auftrization for Site Visits;4.)
Other Permit Responsibilities;5.) Official Meeting Disc[osurc and 6,)Agreement to prov[de documentation required.
OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant;
Owner,
Designates: as Agent regarding the following:
Variance Site Plan Subdivision
For Tax Map NG.: Deed Reference: Hook,_ Page Date
OWNER SIiONATIURE; DATE;
AP11LICANT'S AGENT FORM; Complete the fogaw[ng if the APPLICANT is unable to attend the
meed ng or wishes to be represented by another party;
Ovmer,
Designates; as Agent regarding the following:
vaHatw4 Site Plan Subdivision
For Tax Map No.; Deed Reference: Book_ Page Date
OVER SIGNATURE, DATE;
2A ENQINEE ING FEE QISCLOS QRE- .ApplIrations may be referred to the Town consulting engineer for review of septic
design, storm drainage, etc. as determined by the Zoning or Planning Dcpmtment. Fees for engineering review services will be
charged directly to the applicant. Fees for engineering reviow wil I not exceed S 1,000 without notification to the applicant_
1) AUTHORIZATION FOR SITE VISIT'S: By signing this page and submitting Lbe application rnateria]s attached bereiN the
Owner,Applicant, and hisfherltheir agent(s)hereby authorim the Zoning Board or Planning Board and Town Staff to enter the subject
properties for the purpose of reviewing the applicadun submitted.
4.) OTHER FH R[V )T RE$PON IHI LIT E : Other permits may be required for construction or alteration activity subscqucnt to
approval by the Zoning Board or Plann[ng Board. It is the applicant's responsibility is obtain any additional permits.
5.) OFFIQAL—MEETII'Q MINUTES DISCLOSIIHE; It is the practice of the Community Development Department to have a
designated stenographer tape record the,proceed[ngs of meetings resulting From application, and minutes transcribe td from those UOM
constitutes the official record of all proceedings.
6.) AGREEMENLT-0_PRQVIDE DOCUMENTAT[ON.RF,_OUIRED: I,the undersigned, have thoroughly road and understand
the Instructions for subrnlssioii and agree to the submisslon requirements, I acknowledge no consttuation. activities sinal[ be:
commenced prior to issuance of a valid permit_ I certify that the application, plans and supporting materials are a true and oamplew
statementldcscriptiou of the existing conditions and the work proposed, and that all work wiII be performed in accordance with the
approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupy[ng the facilities proposed, I or
my agents, will obtain a certificate. of occupancy as necessary, 1 also understand that I1we nay be required to provide an as-built
survey by a 1[tensed lend surveyor of al I»ewly constructed Facilities prior to issuance of a ccrtificatc of 0CCupemcy
I have mad and agm t.9 tbo aboy .
7 ` 1
Adam E Pearsall May 9, 2DI9
Signature[Applicant] Print Name[Applicant] Date signed
Signature[Agent] Print Name[Agent] Date signed
Page 7
L
BARGAIN AND SALE nEED
THIS INDENTURE, made the ' `f�' day of bJ- 4)LC, 2002 between SAIRA SMITH
ROBERTSON, residing at 30 Fort Amherst Road, Queensbury, New York 1 04; and
r
4.
GLENS FALLS NATIONAL SANT( AND TRUST COMPANY, of 250 Dien Street, Glens
LO
Falls, New York 12801 , as Trustee of the trust created under the Last 1+VN and
Testament of J. C Iinton Smith alkla J. Clinton Smith, .fir., parties of the first pa 1, and
SARA BISHOP, residing at 10 Second Street, Queensbury, N ow York '12804 part} of
{; ° he second part,
WITNESSETH, that the parties of the first part, in consideration of Fort
j A Thousand Dollars ($40,000.00) lawful money of the United States, and other good and
co LL.
valuable consideration paid by the party of the second part, do hereby grant and
release unto the party of the second part, her heirs and assigns forever,
ALL THAT CERTAIN! PIECE OR PARCEL OF LAND situate, lying and
being in the Town of Queensbury, Warren County, New York more
particularly described in Schedule A annexed hereto and made a part
hereof.
Tog ethe r With all right, title and inter est, if any, of the pe rhes of tie irs part ire
and to any streets and roads abutting the above-described premises, to the cnterline
thereof.
Together with the appurtenances and all the estate and rights of the p rties of
the first part in and to said premises.
To have and to hold the premises herein granted unto the party of the econct
park, her heirs and assigns forever-
t
STATE OF NEW YORK )
COUNTY OF WARREN )
On the (r, day of l in the year 2002 before rr e. the
undersigned, a Notary Public in and for said state, personally appeared JOH14 B.
O RC 0RAN, JR,, personally €mown to me or proved to me ars the basis of s ati sfactory
evidence to be the individual whose name is subscribed to the within instrurn nt and
acknowledged to me that he executed the same in his capaoit , and that by I is
signature on the instrument, the individual, or the person upon behalf of whit the
individual acted, executed the instrument.
17
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