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Application
January 2010 ZBA Area Variance Joanna & Frank J. DeNardo, Jr Ridge Road & Barthel Lane ~ ~ December 15, 2009 Joanna 8~ Frank J. DeNardo, Jr. 84 Barthel Lane Queensbury, NY 12804 Re: Tax Map Parcei:240-1-47 Subdivision Dear Mr. 8~ Mrs. DeNardo: This letter will serve to document our previous conversations regarding the above referenced property as welt as your recent conversations with Keith Oborne of this office relative to your proposed subdivision of the same. The property in question lies within two zoning districts in the Town of Queensbury with the remainder of the deeded parcel being in The Town of Fort Ann, Washington County. The property within the Town of Queensbury is split, approximately in half with the westerly portion in the Rural Residential, (RR-5j district and the easterly portion in the Land Conservation, (LC-42j district. As discussed, the your proposed subdivision will require an Area Variance from our Zoning Board of Appeals as well as a Subdivision approval from our Planning Board. Further, since the property is entirely within the Adirondack Park, an inquiry should be made to the Agency regarding their jurisdiction. Also, as discussed, there appears to be a significant area of wetlands on the property that will need to be accurately located and mapped so that a density calculation can be determined for the project. Should you have any further questions or comments please do not hesitate to contact me. Sincerely, Town; of Queensbury r~ . , ~... . Cinig Brown Zoning Administrator L:\Craig frown\2009 Letters\Denial DeNardo 12_15_09.doc Area Variance Revised June 2009 Zoning District: General Information 240-1-47 RR5A and LC10 ~~~r'~~~ ~`~~... Detailed Description of Project [includes current & proposed use]: Applicant is seeking reapproval to area variances and subdivision which were granted in 2005. Applicant is seeking to create at 6.25 building lot and due to the split zon and nr~v~+-p road neer~s reli f from m'n~mum lot ize llo b) and minimum road frontage (lot b). Lot A is the 6.25 acre building lot. Location of project: "N-""x"~~"~~am@~ Frank and Joanna -it~mm~ Ptaor~e 656-9674 Nrck Phnna ~I~li: ,` .' ~: Bartlett Pontiff ~~.~` ,~~.~.~ One Was ington St '~~~^ '`~~~, '~~ ~~~'~ Glens Falls NY 12801 ,: ~rfc ~` ~~fl1c~l~ ~ .;,k: same as applicant .~" . - ~,- ,_ ~} i~~ime P~P~e -} ~ '~ ~ _ ~ a ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ a, , w ~ ,. ,, , ~ .-. ~. _ -__ ,.. ,_ . li sK= ~ ;~, ,_ .. .. ..Y .., - t - ~. - _ -- _ _ ~,_ •:~ - . _.,.. ~.. ~,.s~ ~~ - _ ~~x - _,:.~. ~_>. - -- 84 Barthel Lane Ceii: Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12844 • 518-761-8238 1 Sketch Plan Revised Oct. 2008 f) A sketch grading and drainage plan prepared by a licensed professional engineer or landscape architect or licensed professional land surveyor with a properly executed New York State Education Department Exemption N. Such plan shall indicate the general slope of the land and method of draining stormwater, including proposed culverts, storm drainage structures and retention ponds. g) A sketch landscape plan (for over twenty-lot subdivisions) prepared by a licensed landscape architect. Such plan shall set forth those trees and vegetation to be removed and those trees, plantings and vegetation to remain or to be planted. h) Any parcels of land proposed to be dedicated to public use, such as parks, recreation areas, conservation areas or scenic easement. 3) Environmental Assessment Form a) An environmental assessment describing the potential environmental impact of the proposed subdivision on the adjoining area and the Town of Queensbury, including the environmental assessment short form, and proposed actions to minimize potentially adverse environmental impacts shall be submitted. Additional environmental information may be required in accordance with the provisions of the State Environmental Quality Review Act. (4) Other a) Such additional information and exhibits the developer or the Planning Board may feel necessary to describe the project and its compliance with the requirements of these regulations shall be submitted. (5) Fees a) there is no fee for Sketch Plan Review. b) In addition to the fee listed on the schedule of fees, the Town Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee charged reflects the actual cost of the legal and technical assistance to the Planning Board. c) A Recreation Fee of $500 per lot/dwelling unit is required to be paid at the time a building permit application is submitted. ~.~~5~ ~~~} G,~ /V-O% ~K/ ~STi ELI ~ ~ ~~~` ~ _ ~G~~ Uri -~ ~T~c~-S- Town of Queensbury Planning Office 742 Bay - ~~ ~~: yF P ~w;. #~: ~,~ Tax Parcel ID Number: Zoning District: General Information 240-1-47 RR5A and LC10 { ~. ~t1 ~,l ~ C.`C.i Area Variance Revised June 2009 Detailed Description of Project [includes current & proposed use]: Applicant is seeking reapproval to area variances and subdivision which were granted in 2005. Applicant is seeking to create at 6.25 building lot and due to the s-~lit zone and nr;varA road need r 1;Pf from m; n;m,im to iz (lot b) and minimum road frontage (lot b). Lot A is the 6.25 acre building lot. Location of project: - ~ a- Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-823$ ] '' re-Submission Conference Form f179-4-0401 240-1-47 1. Tax Map ID 2. 3. 4. 5. Zoning Classification RR 5A and LC10 Area Variance Revised June 2009 Reason for Review: Relief for Lot Width and Road Frontage Zoning Section #: Table of Area Requirements ~ Pre-Submission Meeting Notes; Outstanding Iterry To Be Addressed Include: Deed /1Yes No General Information complete ~7 Yes ~No Site Development Data Complete Yes _~I'Vo Setback Requirements Complete Additional Project Information Complete FAR addressed Yes Yes Yes dd No No Mo Compliance with Zoning Ordinance es o Checklist items addressed Yes o Environmental Form completed ~-Yes o Signature Page completed Yes No Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 RICHARD J. BARTLETT $ARTLETT, PONTIFF, STEWART & RHODES, P.C. PAUL E. PONTIFF ALAN R. RHODES ATTORNEYS AT LAW ROBERT s. MCMfLLEN P.O. BOX 2168 PHILIP C. MCINTTRE ONE WASHINGTON STREET MARK A. LEBOWITZ GLENS FALLS, NEW' YORK 12801-2168 J. LAWRENCE PALTROWITZ MALCOLM B. O'HARA PATRICIA E. WATKINS MARK E. CERASANO TELEPHONE (518) 792-2117 MARTIN D. AUFFREDOU FAX (518) 792-3309 BRUCE O. LIPINSKI EMAIL info~bpsrlaw.com PAULA NADEAU BERUBE WEBSITE www.bpsrlaw.com JONATHAN C. CAPPER BENJAMIN R. PRATT, JR. EILEEN M. HAYNES JAMES R. BURKET'f STEFANIE D(LALLO BITTER December 15, 2009 Chairman James Underwood Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury NY 12804 Re: Frank and Joanna Denardo Tax Map Parce1240-1-47 0 Ridge Road/ Barthel Lane Dear Chairman Underwood: KARLA WILLIAMS BUETTNER ELISABETH B. MAHONEY JOHN D. SVARE .TORN D. WRIGHT JESSICA H. HUGABONE ROBERT S. STEWART 1932-2001 BERTRAM J. DUBE 1916-]999 Please be advised that our firm represents the Denardos with regard to their request for subdivision approval of the 14.05 acre parcel that they own in Queensbury off of Ridge Road and Barthel Lane. The proposed two lot subdivision was before this Board in 2005 and received the required area variances and subdivision approval from the Planning Board. Unfortunately, the mylar was never filed and as a result the area variances were not preserved. Although an APA permit is on file at the Warren County Clerk's Office for this subdivision, it is still necessary to obtain new approvals for this project. Specifically, the Denardos property straddles the Town of Queensbury and Town of Fort Ann line and is in both Warren and Washington County. The property that is in the Town of Queensbury is 14.05 acres and is located in both the RRSA zone and the LC25 zone. The Denardos are proposing to create Lot A and Lot B. Lot A would be 6.25 acres in size and predominately located in the RRSA zone. This would be the building lot. Lot B would be 7.$0 in size, of the land that is located in the Town of Queensbury, but would be merged with the adjacent lands in the Town of Fort Ann so in total wold be 25.48 acres in size. Lot B is not classified as a building lot. All of the land located in Queensbury is vacant. Due to the zoning of Lot B, the fact that it straddles the Town and County line and that it is accessed by a private road two variances are required. These variances include road frontage and lot size. These variances were also granted in 2005. We feel that because of the unique situation of this property and how it is in both towns and counties that these variances should be deemed minor at best. Chairman James Underwood Page Two December 15, 2009 It is my understanding that this matter will first be before the Planning Board for a recommendation for the Area Variance.. The Denardo's APA permit will expire in March 2010 if the property is not conveyed by then. As a result we would request that you place this on a meeting in January. If you have any questions, please contact me. Sincerely, Bartlett, Pontiff, S `~~ ~ Rhodes, P.C. Stefanie DiLallo Bitter ~ Direct Line: (518) 832-6419 Direct E-mail: sdb(a~bpsrlaw.com SDB cc: Frank and Joanna Denardo Jan Lapper, Esq. Dennis Dickinson Area Variance Revised June 2009 AREA VARIANCE APPLICATION REVIEW PROCESS 1) Required Pre-Submission meeting with staff to determine general completeness to be held no later than 1 week prior to deadline dav. Call (518) 761-8238 for appointment. 2) Submittal of complete application: 1 original & 14 copies of the application package by monthly deadline. 3) Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for consideration for placement on an agenda for that month. 4) Incomplete applications will not be considered for placement on any agenda until all missing information has been supplied. 5) Submittal to the Warren County Planning Board, if applicable. 6) Zoning Board meeting, generally the third and fourth Wednesday of each month. You will be advised in writing as to which meeting to attend. 7) Following the meeting, you will be provided with a copy of the resolution stating the Board's decision on your application. If your application was approved, the next likely step is a Building Permit. Final plans/drawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DOCUMENTATION REQUIREMENTS: Please submit 1 original and 14 copies of the completed application package to include: • Completed Application: pages 1-9 completed, signed & dated • Pre-Submission Meeting Notes: signed by staff • Denial Letter: from the Zoning Administrator • Waiver Request: any request for a waiver from the applicant regarding submission requirements. • Copy of Deed • Survey: stamped, dated & signed • Fee ZONING STAFF & CONTACT INFORMATION Craig Brown, Zoning Administrator craigb(a~gueensbury.net Keith Oborne, Land Use Planner keitho(a)gueensbury.net Sue Hemingway, Office Specialist (518) 761-8238 Visit our website at www.gueensburv.net for further information and forms. Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 ~ Area Variance Revised June 2009 General Information Tax Parcel ID Number: 240-1-47 Zoning District: RR5A and Lc1o Detailed Description Of Project [includes current & proposed use]:, Applicant is seeking reapproval to area variances and subdivision which were granted in 2005.. Applicant is seeking to create at 6.25 building lot and due the split zone and private road needs relief from minimum lot size_1__1.2t b) and minimum road frontage (lot b). Lot A is the 6.25 acre building lot. Location of project: Applicant Name: Frank and Joanna Address: 84 Barthel Lane Home Phone 656-9674 Cell: Work .Phone Fax E-Mail: Agent's Name: Bartlett Pontiff Address: One Washington St Glens Falls NY 12801 Home Phone Cell: Work Phone Fax E-mail Owner's Name same as applicant Address Home Phone Cell Work Phone Fax E-mail " Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury. NY 12804 • 518-761-8238 ;: iaa/ 2~k79 12:24 1'~';'1~~'lQ 11:i~°r ~,~ ik 5186445555 61=Li_. F~~TP~T F?~:~`.Y ~.n,t':E ~; 518-792-0055 1~fi3fsT'f._ETl' POt'dTiF'~' °~~ ~2i'~'2 Area Ver3en.^e Revised June 2~C~ S4 D~v~lO~,merft Dada .. ~ k~~ ~ , ,, ~cis#i~+gp ~q 'ft. - Pmpos+ed ' - ToRa~ $q. #'~ ~tfd>l~11 , i~ _..,. u ~ t7e ~ Garage C~ ~ C7 C. Acres ~ N ~tr~ctttr~(B;f ~ ~ +~ ~ ~ ~ 0. Paved ravel yr o~-er hard suifat~d area e ~ ~ ~~~{- ~~ -}~ ~,. Por De~oka (1~ ~~~ Z F. C7thar (~ G. Total n-#~errr~able ~~+ A-F] i ~O °~g ± H. F'a~ei ~ [~43,56D sq. ~. ! ~rej r~7r Z.J~, 'p~ "f (r` 'L~ ~ ~ Jr~ I. I~Brcert of Imperrneeb~e Area of $ite ~3~C~'Hj (~.~ !o S~tb~~k Regt~irsrC~~nt~ a ,~ ~` ~ '~~4 ~~~ C :' ~l ti i ~ -~ (,Z ~ '+'~~' j,~~~il•~I~+.I~, :Y_ ~ ~~'1+R~r1 i.:IR F+1. tF~.~•' ;fwrIVGW Fr~~ ~ UCH ~. E~C~ t ~ ~~ f ~~~ pfd . rd [11 Sid rd [z) ~~ --- ~~ e and [ij _..~ Rear `l'ard C2~ i _. Travel Corridor (©~ ~ ~ ~ I~ei jmaxJ ~.. t'j ~ `~- ~____ _ 1 _ Perrr~sE3abilfi'~y ~ ~ ~ ~!is, of pgi~ing spaces ,~J` ,~ T+~~^ of C~i~eEr.t~~.~ry • Zonim ti~'Fis~t • 7q2 Bay ~~aa • ~'-a2rsb~_:ry, NY 11Ed% • c'~~?Fr'•°238 ~ Area Variance Revised June 2009 Additional Project Information 4 6. Will the proposal require a Septic Variance from the Town Board of Health? No If the parcel has previous approvals, list application number(s): Av 07-2005 and Sub 10-2005 Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? No Estimated project duration: Start Date End Date (.J11 X~ ' ~ Estimated total cost of project: ~~1 KNCw ~ Total area of land disturbance for project: ~~ U Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, 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] Waterfront Residential WR 0.22 Commercial Moderate CM 0.3 Commercial Intensive CI 0.3 A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and on,e ,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 a building 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 s . ft. Existin Floor Area - s . ft. see above definition Pro osed Additional Floor Area s . ft. Pro osed Total Floor Area s . ft. Total Allowable Floor Area Area x see above table Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Compliance with Zoning Ordinance Requesting relief from SECTION: Table of Area Requirements Need relief from the requirement(s) listed below which can not be met by the project as proposed. (Check all that apply] ^ Setback ^ BufferZone ~LotWidth i~Other Road Frontage The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? See Attached Sheet 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? See Attached Sheet 3. Whether the requested area variance is substantial? See Attached Sheet 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? See Attached Sheet 5. Whether the alleged difficulty was self-created? See Attached Sheet Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 4 COMPLIANCE WITH ZONING ORDINANCE Requesting relief from SECTION: Table of Area Requirements Need relief from the requirement(s) listed below which cane not be met by the project proposed X Lot Width and Road Frontage Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? No These variances were improved in 2005 Unfortunately because the molar was not -filed these variances were not reserved The rg anting of this variance is reauired due to the unique layout of the site This lot would be located off of a private road and is split between two zones. 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? No Due to the unique layout of the site the variances are reauired for the subdivision.- 3. Whether the requested area variance is substantial? No As mentioned the access is provided over an already existing private road. In addition the Applicants own propertX in Washins;ton County the Town of Fort Ann so the~roperty is larger when looking at it across county lines. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No. These lots would be similar to the lots that surround them. 5. Whether the alleged difficulty was self-created? _No The layout of the lots are controlled by the existingwetlands existing county line, and existing,private drive These factors should not deem this difficulty self-created. Doc # 281255.1 Area Variance Revised June 2009 Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. GENERAL SHOWN ON .SHEET # 1 Title, Name, Address of applicant & person responsible for preparation of drawing ~/`~/~ D/~.l ~~Q 2 Deed ~/IL 3 North arrow, Tax Map ID, date prepared and scale [minimum 1 In. = 40 ft.] ~ /~~ ~ 4 Boundaries of the property plotted to scale, zoning boundary ~~ ~~ 5 Principal structures, accessory structures with exterior dimensions C y,~~ M O~ x G, , ~u 6 ~ Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed / (',~G ~.d~l 7 Setbacks for all structures and improvements: existing 8 proposed 8 Elevations and floor plans of all proposed and affected structures ~ B WATER $ SEWER SHOWN ON .SHEET. # 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site water supply and se tic 3 Separation distances for proposed sewage disposal system to well and water bodies ~~ ~ ~ 4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location, design and construction ofwater su I includin dail water usa e ~~ , ~ 5 Percolation test location and results ! ~ C PARKING /PERMEABLE AREAS SHOWN ON SHEET # 1 Number of spaces required for project including calculations and justification: existing & proposed ~/~ / 2 No. of existin arkin s aces, number to be removed, number to maintain and t e of surfacin material e. ., ravel, aved 3 Provision for pedestrian and handicap access and parking: existing & proposed 4 Design details of ingress, egress, loading areas and cutting: existing & proposed 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed 6 Lighting, location and design of all existing and proposed outdoor lighting D. ADDITIONAL SITE DEVELOPMENT AND MISCELLANEOUS SHOWN ON SHEET # 1 On-site & adjacent watercourses, streams, rivers, lake and wetlands ~ 2 Utility /energy distribution system [gas, electric, solar, telephone]: existing & proposed ~ ~ , ~ 3 Location, design and construction details of all existing and proposed site improvements including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants, etc. / ~U ~+ 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & ro osed ~~ e Signage: Location, size, type, design and setback: existing & proposed N ~~~- f Waiver Request: provide letter with application requesting any waivers: please reference specific items ~/. g Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans h Identification of Federal, State or County permits required for the project together with a record of application for all necessary ermits ti(7" ~~t~ ~P ~C.i"'rG ~J Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 ~. Area Variance Revised June 2009 Pre-Submission Conference Form (179-4-040 240-1-47 1. Tax Map ID 2. Zoning Classification RR 5A and LC10 3. Reason for Review: Relief for Lot Width and Road Frontage 4. Zoning Section #: Table of Area Requirements 5. Pre-Submission Meeting Notes; Outstanding Item~To Be Addressed Include: Deed /~Yes No General Information complete Yes No Site Development Data Complete Yes ~ o Setback Requirements Complete Yes ~` No Additional Project Information Complete Yes No FAR addressed Yes No Compliance with Zoning Ordinance es o Checklist items addressed Yes o Environmental Form completed > Yes No Signature Page completed Yes No Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 __--. _ ___ -_~ SEQR --- - -- PROJF.CTI.D. NUMBER PART I - PROJECT INFORMATION 617.21 Appendix F State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only (To be completed by Applicant or Project sponsor) 1 . APPLICANT~SPONSOR 2 . PROJECT NAME FRANK AND JOANNA DENARDO AREA VARIANCE 3. PROJECT LOCATION: WARREN TOWN OF QUEENSBURY COUNTY 4 . PRECISE LOCATION (STREET ADDRESS AND ROAD INTERSECTIONS. PROMINENT LANDMARKS. ETC. , OR PROVIDE MAP) BARTHEL LANE 5. IS PROPOSED ACTION NEW _ EXPANSION X MODIFICATION ALTERATION 6. DESCRIBE PROJECT BRIEFLY: APPLICANT IS TRYING TO OBTAIN A REAPPROVAL ON A SUBDIVISION THAT WAS GRANTED IN 2 0 0 5. LOT B IN THE SUBDIVISION REQUIRES AN AREA VARIANCE FOR ROAD FRONTAGE AND LOT SIZE 7. AMOUNT OF LAND AFFECTED: INITIALLY 14+ ACRES ULTIMATELY 14+ ACRES 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? YES X NO IF N0, DESCRIBE BRIEFLY N0, RELIEF FROM ROAD FRONTAGE AND LOT SIZE ARE REQUESTED . 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? X RESIDENTIAL INDUSTRIAL _ COMMERCIAL AGRICULTURE PARK~FOREST~OPEN SPACE LOCATED ON UPPER RIDGE ROAD . DESCRIBE: ON THE CORNER OF RIDGE ROAD AND BARTHEL LANE 1 0. DOES ACTION INVOLVE A PERMIT APPROVAL , OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL) ? _ YES X NO IF YES, LIST AGENCY (S) AND PERMIT APPROVALS ALREADY OBTAINED AN APA PERMIT IN 2 0 0 6 1 1. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID A PERMIT OR APPROVAL ? _ YES X NO IF YES, LIST AGENCY (S) AND PERMIT APPROVALS MYLAR WAS NEVER FILED TO FINALIZE THE DETERMINATIONS 12. As A RESULT OF PROPOSED ACTION, WILL EXISTING PERMIT~APPROVAL REQUIRE MODIFICATIONS? YES x No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPLICANT ~ S PONSOR NAME FRANK AND JOANNA DENARDO DATE : DECEMBER 10 , 2 0 0 9 SIGNATURE: STEFANIE D I LALLO BITTER, AS ATTORNEY If the action is in the Coastal Area, and you are a state agency, complete the Part II - Coastal Assessment Form before proceeding with this assessment 1 ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 6 17.12 ? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE FULL EAF . YES _ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6NYCRR, PART 617.6? IF N0, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED AGENCY. _ YES No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (ANSWERS MAY BE HANDWRITTEN, IF LEGIBLE) Cl. EXISTING AIR QUALITY, SURFACE OR GROUNDWATER QUALITY OR QUANTITY, NOISE LEVELS, EXISTING TRAFFIC PATTERNS, SOLID WASTE PRODUCTION OR DISPOSAL, POTENTIAL FOR EROSION, DRAINAGE OR FLOODING PROBLEMS? EXPLAIN BRIEFLY: C2. AESTHETIC, AGRICULTURAL, ARCHAEOLOGICAL, HISTORIC, OR OTHER NATURAL OR CULTURAL RESOURCES; OR COMMUNITY OR NEIGHBORHOOD CHARACTER? EXPLAIN BRIEFLY: C3. VEGETATION OR FAUNA, FISH, SHELLFISH OR WILDLIFE SPECIES, SIGNIFICANT HABITATS, OR THREATENED OR ENDANGERED SPECIES? EXPLAIN BRIEFLY: C4. A COMMUNITY~S EXISTING PLANS OR GOALS AS OFFICIALLY ADOPTED, OR A CHANGE IN USE OR INTENSITY OF USE OF LAND OR OTHER NATURAL RESOURCES? EXPLAIN BRIEFLY. CS. GROWTH, SUBSEQUENT DEVELOPMENT, OR RELATED ACTIVITIES LIKELY TO BE INDUCED BY THE PROPOSED ACTION? EXPLAIN BRIEFLY. C6. LONG TERM, SHORT TERM, CUMULATIVE, OR OTHER EFFECTS NOT IDENTIFIED IN C1-C5? EXPLAIN BRIEFLY. C7. OTHER IMPACTS (INCLUDING CHANGES IN USE OF EITHER QUANTITY OR TYPE OF ENERGY)? EXPLAIN BRIEFLY. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? YES NO IF YES, EXPLAIN BRIEFLY. PART III - DETERMINATION OF SIGNIFICANCE (TO BE COMPLETED BY AGENCY) INSTRUCTIONS: FOR EACH ADVERSE EFFECT IDENTIFIED ABOVE, DETERMINE WHETHER IT IS SUBSTANTIAL, LARGE, IMPORTANT OR OTHERWISE SIGNIFICANT. EACH EFFECT SHOULD BE ASSESSED IN CONNECTION WITH ITS (A) SETTING (I.E., URBAN OR RURAL ; (B) PROBABILITY OF OCCURRING; (C) DURATION; (D) IRREVERSIBILITY; (E) GEOGRAPHIC SCOPE; AND (F~ MAGNITUDE. IF NECESSARY, ADD ATTACHMENTS OR REFERENCE SUPPORTING MATERIALS. ENSURE THAT EXPLANATIONS CONTAIN SUFFICIENT DETAIL TO SHOW THAT ALL RELEVANT ADVERSE IMPACTS HAVE BEEN IDENTIFIED AND ADEQUATELY ADDRESSED. _ CHECK THIS BOX IF YOU HAVE IDENTIFIED ONE OR MORE POTENTIALLY LARGE OR SIGNIFICANT ADVERSE IMPACTS WHICH MAY OCCUR. THEN PROCEED DIRECTLY TO THE FULL EAF AND/OR PREPARE A POSITIVE DECLARATION. _ CHECK THIS BOX IF YOU HAVE DETERMINED, BASED ON THE INFORMATION AND ANALYSIS ABOVE AND ANY SUPPORTING DOCUMENTATION, THAT THE PROPOSED ACTION WILL NOT RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS AND PROVIDE ON ATTACHMENTS AS NECESSARY, THE REASONS SUPPORTING THIS DETERMINATION: TOWN OF QUEENSBURY ZONING BOARD OF APPEALS NAME OF LEAD AGENCY PRINT OR TYPE NAME OF RESPONSIBLE OFFICER IN LEAD AGENCY TITLE OF RESPONSIBLE OFFICER SIGNATURE OF RESPONSIBLE OFFICER IN LEAD AGENCY SIGNATURE OF PREPARER (IF DIFFERENT FROM RESPONSIELE OFFICER DATE 2 4 Sketch Plan Revised Oct. 2008 Signature Page This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant Owner: Frank and Joanna Denardo Designates: Bartlett Pontiff Stewart & Rhodes As agent regarding: x Variance Site Plan x Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date OWNER SIGNATURE: DATE: APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Designates: As agent regarding: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date OWNER SIGNATURE: DATE: 2.1 ENGINEERING FEE' DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed $ 1,000 without notification to the applicant. 3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner, Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submitted. 4.1 OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicants responsibility to obtain any additional permits. 5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those tapes constitutes the official record of all proceedings. 6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents, will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy I have read and agree to the above. SIGNATURE OF APPLICANT: DATE: SIGNATURE OF AGENT: DATE: Town of Queensbury Planning Office• 742 Bay Road •Queensbury, NY 12804 • 518-761-8220 7 FROM :ELITE DOCKS FAX N0. :518 656 3625 Dec. 11 2009 01:37PM P2 ,~ji~~~~u ~~i~ r PAuE ~2i 01 ~~ _,._.__.. Sfgnaturo Pala . ,._ _,. ~' This page induas5 the 1.1 Authorl~atfon to Act as Agent Form: 2.} Engineering Fae Digdosurt; 3.} Authorization for site VisitC, d.) Other Pernik Responsibilities; 9.) OryiGal Meeting Disclosure and 6.) Agreement to provide doc;urtentatian requited. ()Wr{AR'S Aa[.NT FORM. Gv~+~Nlete the fdirowing if the OWN19R nr rnn nrnPerty is rwt the lima 63 tM0 vpPliesnt cook Pwgo ,....--- gate ueea Fterrlanuc, ~~ _,__ OWh1ER ArPUCAt~' 8 Aatwf Fofa1: Cdrtpistp the fallowing !the APPLICANT is un8l~le to attend th6 meeting or wishes to be represented by another pertY. Owner: For Tax Map tJo.: Section ~,.. Block _...~,_ i.at Deed Reference. pock Page Date pw'rE: Oeslgnstes: Ae Agent rO$erdin$: Vat'iance,.,^_ 6itq Plen_„_ Subdivision OWNER SIGNATURE; ;a - EN INEERINf3 FEE D CI.p6URli: AppGC~iona may be telerred tO the Town consufting ~inA?r for rewpuv of septic design, Storm drainage, eu. ~ nettrmtirrod by the Zoning or Planning Dspartm¢nt. Fees for engineering revitr/+ aervicne ti'4>I be -itarged directly m tho appliCar>t~ Fees for an®rneermg rewew will not exceed ¢ 1,Ot)O without notification to *.he epptrcanf a,t AuTHORtZA7 ~ fi v as: By signing Nils papa and submitting the applicetfon materials attached herein, the pwner, AppIIGa11t, and hprherhhsir syenti,s) hereby authariZe Nee ZOrnng t3aprd or Planning Bben:l End Town &tarf t0 Rnter the subjlGl propct'tiks tprVSS purpose of ieviawing the eppllcatbn subrntttara. g,~ OTHER tsk T RltitPDNSt9f nlES• Other permits may by roquired tar wnstructbrr Or alteration activity subsequent to laPPra`t~ taY the Zoning Board Or planning Board. It is tree ItppltCant's rRspvnsibllitY io Otrteln any additional permits. • C*~-~....~tn*~ pIS~RE: li is Nu pra:;tiea p1 the COmmunky Daveloprnent t]epa+trtlent to have a g`'0.-' t rnoord Sn! prooesdinyt of msetinCa rvsutting from aPpliCatton, dntl minute9 RWngcrd5sd from thotte damipnated stenogrepner ap4 tepee opntstitutes the vflfaai record of all proceodings it them is a dietxeaancy such record bntl ens nandwrtttsn minutes taken by fie tleslpnat~ ~npgrepher, the hendwrlltDn minulsi snail bs deemed the vNicidl recortl. e;;}„AGRLEIHE T TO P TATIOiI_ GUIRF~: t, ens undersigned, nave IhvrvuGMY road and understand the instruOtgn4 far submission and agree tO the euhmission n~7uirements, l evknOwisdga ao OpnstruCNon actlvlNas shah be commenced prior t4 issuance at a vatld permtt, i certify that the application, plena and supporting materi3lp arc a true and Gomplatc statemenvaescrtptian of ihE iapsbng conditions and the worts propo9ed. and that aP Work wii~ be performed in acca+dartev wish Che approved plans and In contOrmanoe with iocv+ zoning regulations. t aOxnowredg¢ that prior to oacuaying the taa4ities proposod, i br my agents, will obtain a c¢rtitiCets of ocaupansy as necessary', I also understand that Vws may by required td provide an ss-built survey pY a IiOanood It-nd FurveyOr Or au newly Conatrud~d fedlRles prior to iar+uano4 of a GaTltlcata at Occupancy I halve restl earl agree to the above, ~ _ 51GNATURE OF APP!,1 NT. ~ DATE: ~ ~~ SIGNATURE OF ADEN ~`~' ~/ Town of Que ury pt mn oe~ 742 y Road ~ Qo bnabury, NY t?6O4 • 518.781-8220 (Queensbury ZBA Meeting 1/26/05) relief from the 20 foot minimum side setback requirement, and also relief regarding the Continuation requirements per Section 179-13-10(A1 & E). Duly adopted this 26th day of January, 2005, by the following vote: MR. HAYES-Are you going to put the thing that he requested? MR. MC NULTY-Well, figured that saying that the variance was to allow the raising of the existing house. MR. BRYANT-Can we use another word other than "raise"? Because my limited understanding of the English language, "raise" can also mean tear down. MR. MC NULTY-Good point. MR. STONE-There's a spelling different, very big spelling difference. MR. ABBATE-Why not use elevate? MR. O'CONNOR-Raise, and raze. MR. BRYANT-I know that, but phonetically. MR. HAYES-Does everyone understand the motion as it was made? MR. BRYANT-It was a good motion. AYES: Mr. Abbate, Mr. Underwood, Mr. McNulty, Mr. Stone, Mr. Urrico, Mr. Bryant, Mr. Hayes NOES: NONE MR. O'CONNOR-We thank you and Mr. and Mrs. Killeen thank you, and thank you for your patience. What I'm really wondering, though, as I sit here, is what are you going to do when I come in here and tell you, I don't know if we're going to be able to save the house. MR. STONE-You're in deep trouble. MR. O'CONNOR-No, no. I've done this in Bolton. I've done it in Lake George a couple of times. MR. BRYANT-But you see, you had the sense to come and apply for a different variance, but the other case, that wasn't the case. MR. O'CONNOR-No, I didn't have the sense. It was the shorter course, to be honest with you. If you granted the first one, you're going to grant the second one. You should be, I mean, all the circumstances we had. MR. ABBATE-Counselor, put us to the test. MR. KILLEEN-Thank you very much. AREA VARIANCE NO. 7-2005 SEQRA TYPE II FRANK AND JOANNA DE NARDO OWNER(S): FRANK AND JOANNA DE NARDO ZONING: RR-5A AND LC-10A LOCATION: RIDGE ROAD APPLICANT PROPOSES A 2-LOT SUBDIVISION TO CREATE A 6.25 ACRE AND A 7.80 ACRE PARCEL. RELIEF REQUESTED FROM THE MINIMUM LOT SIZE REQUIREMENTS IN THE LC-10A ZONE FOR THE 7.80 ACRE LOT AND THE MINIMUM ROAD FRONTAGE REQUIREMENTS. WARREN COUNTY 11 (Queensbury ZBA Meeting 1/26/05) PLANNING JANUARY 12, 2005 ADIRONDACK PARK AGENCY YES LOT SIZE: 14.83 ACRES TAX MAP N0.240.00-1-47 SECTION 179-4-030,179-4-090A FRANK DE NARDO, PRESENT MR. STONE-Mr. Chairman, Mr. DeNardo and I have had business dealings. We continue to have business dealings. We have discussed this application over the past couple of years, long before he actually made it, and while I don't think it has any bearing on my decision, I will recuse myself. MR. HAYES-Thank you. STAFF INPUT Notes from Staff, Area Variance No. 7-2005, Frank and Joanna DeNardo, Meeting Date: January 26, 2005 "Project Location: Ridge Road Description of Proposed Project: Applicant proposes to subdivide a 14.05-acre parcel in the Town of Queensbury. The 14.05 acre parcel is part of a 31.73-acre parcel, of which 17.68 acres exist u1 the Town of Fort Ann (Washington County). The applicant proposes to subdivide the 14.05-acre parcel into two lots of 6.25 acres (Lot A) in the RR-5A zone and 7.8 acres (Queensbury portion of Lot B) in the LC-10A zone. Relief Required: The applicant requests relief from the 10-acre minimum size requirement of the LC-10A zone to create a 7.8-acre lot (Queensbury portion of Lot B), per §179-4-030. Additionally, 40 feet of relief is required from the 40-foot minimum road frontage requirements for the Queensbury portion of Lot B, as the lot is proposed to front on a private road (Barthel Lane), per §179-4-090(A). Parcel History (construction site plan/variance, etc.): None. Staff comments: The applicant proposes to subdivide a 31.73-acre parcel into two lots of 6.25 acres (Lot A) and 25.48 acres (Lot B). The 14.05-acre portion occurring in the Town of Queensbury is comprised of approximately 6.25 acres in the RR-5A zone and approximately 7.8 acres in the LC-10A zone. The 6.25-acre lot has approximately 1.2 acres of APA jurisdictional wetlands. The 7.8-acre portion of Lot B in the Town of Queensbury is partially comprised of APA jurisdictional wetlands. However, the wetland acres have not been located on the submitted survey. Therefore, the amount of size relief required for the 7.8 -acre lot cannot be identified. However, the applicant proposes to designate the 7.8-acre portion of the 25.48-acre Lot B as undevelopable. The applicant currently lives in the dwelling on the 17.68-acre portion of Lot B in the Town of Fort Ann." MR. MC NULTY-"Warren County Planning Board Project Review and Referral Form January 12, 2005 Project Name: DeNardo, Frank and Joanna Owner(s): Frank and Joanna DeNardo ID Number: QBY-05-AV-7 County Project#: Jan05-18 Current Zoning: RR-5A and LC-10A Community: Queensbury Project Description: Applicant proposes a 2-lot subdivision to create a 6.25 acre and 7.80 acre parcel. Relief requested from the minimum lot size requirements in the LC-10A zone for the 7.80 acre lot and the minimum road frontage requirements. Site Location: Ridge Road Tax Map Number(s): 240.00-1-47 Staff Notes: Area Variance: The applicant proposes atwo-lot subdivision of a 14 +/- acre parcel. The information submitted indicates lot A is to be 6.25 and Lot B portion is to be 7.80 acres where 10 acres is required in the LC-10 zone. The plans show that Lot B is also contains property in the Town of Fort Ann so the entire lot is 25.48 acres with an existing house and access from Ridge Road. The 6.25 acre lot shows the location of the dwelling, septic, well and wetland area. Staff does not identify an impact on county resources based on the information submitted. Staff recommends no county impact. County Planning Board Recommendation: No Action Meeting cancelled due to inclement weather. No January Meeting to be held." Signed Bennet F. Driscoll, Warren County Planning Board 1/14/05. MR. HAYES-Please identify yourself for the record. MR. DE NARDO-Frank DeNardo, the owner of the property. MR. HAYES-Is there anything you'd like to add to your application or clarify? 12 (Queensbury ZBA Meeting 1/26/05) MR. DE NARDO-I don't know if everybody knows it. I own this whole road on Barthel Lane, and I know we're going for the 40 foot, there's a new thing, a 40 foot easement. MR. HAYES-Not new, but certainly relevant, yes. MR. DE NARDO-Is it relevant to this, even though I own that road? MR. HAYES-Well, it's not a public highway. So there's no frontage on a public highway. I mean, I guess part of our questions will probably be to determine the continued validity and the accessibility to safety vehicles and such, which is part of the rationale behind the 40 foot requirement. MR. DE NARDO-Okay. MR. HAYES-I guess I can start. So you live on Lot B, on the right hand half of Lot B then. MR. DE NARDO-Correct. MR. HAYES-And you have a house there now? MR. DE NARDO-Yes. MR. HAYES-And it's in the Town of Fort Ann? MR. DE NARDO-Correct. MR. HAYES-Okay. I guess my question would be, if you're going to make the 7.80 undevelopable, why are you attempting? MR. DE NARDO-Basically I just want to build a buffer zone between everybody else that's building down in this area off Ridge Road, and have one lot left to myself down here for either family member of something in the future. MR. HAYES-So you are committed to making the 7.80 acre lot that you're creating undevelopable? MR. DE NARDO-Undevelopable. MR. HAYES-Permanently. MR. DE NARDO-Permanently. MR. ABBATE-Mr. Chairman, would that be a stipulation? MR. HAYES-I mean, certainly, if it's part of his application, then. MR. ABBATE-I don t have a problem with it. I just want to, really what I want to do is just get on the record, that's all. MR. HAYES-No, if he's representing that, and that's part of our balancing test, then that's part of the record. MR. ABBATE-Fine. MR. BRYANT-If you're going to use this other lot for a family member later on down the road, if it's undevelopable, what are they going to use it for? 13 (Queensbury ZBA Meeting 1/26/05) MR. DE NARDO-It's the Lot A I'm using for a family member. MR. BRYANT-So Lot B is just going to be an developable lot. MR. DE NARDO-That's my lot. MR. BRYANT-Forever. MR. DE NARDO-Yes, that's going to be my piece of property there. MR. HAYES-So you want to keep that between you and Lot A, in case? MR. DE NARDO-I'd like to keep it natural, yes. MR. MC NULTY-Is that going to be a separate deeded lot, that Lot B? MR. DE NARDO-No, actually. MR. MC NULTY-It's going to be part of the whole thing. MR. DE NARDO-The whole thing, correct. MR. MC NULTY-A good portion of it will be in Washington County. MR. DE NARDO-Sure. MR. MC NULTY-So it's a little weird the way we're talking about it because it's really not a separate 7. whatever acre lot, from your viewpoint. From the Town of Queensbury, it is. MR. DE NARDO-Town of Queensbury, yes, it says 7.8. MR. BRYANT-This discussion about the wetlands in the Staff notes, do you want to comment on that? MR. DE NARDO-I had a wetland biologist come in here and we delineated all the wetlands in there, as requested. The wetlands started, there's only one string that runs through there, and they were basically busted up because of the loggers on this piece of property prior to me owning it, until the lands to the south, on LoCartos, and being that they went through all their streams, the streams just went every which way now, the one stream, and that's what created the wetlands in there. MR. BRYANT-So how much of the property is actually, of the 7.8 acres, how much of that is wetland? MR. DE NARDO-I think I had it put on the new map there. It's just a small section of it, because it comes straight across. You can see on the Lot A where it comes through the stream. MR. BRYANT-Well, it talks about Lot A, but what about the 7.8? MR. DE NARDO-It's really not, I mean, you're talking a couple of hundred feet, maybe, along this one edge. MR. BRYANT-For Staff, technically, aren't the wetlands deducted from the? MR. HAYES-Definitely. MR. FRANK-They are, but the reason why, since the applicant is offering never to develop it, it really doesn't make any difference. So that's why, they aren't clearly shown on this map for the 14 (Queensbury ZBA Meeting 1/26/05) Section in the Town of Queensbury for Lot B, but it's kind of irrelevant, because he already doesn't meet the acreage requirements. So anything that you take away from it, that's wetland is still not going to meet it, but he's proposing never to develop that portion. MR. BRYANT-But just for my sake, my clarification, if the wetlands are deducted from the acreage, okay, the size of the variance would be different. MR. FRANK-That's true. MR. BRYANT-So we don't know if it's a 1.2 acre variance. MR. FRANK-But the intent is, is it buildable. That's the whole intent of the Code. So whether it's three acres or five acres of wetland, he's proposing never to develop that section of, in the Town of Queensbury, of Lot B. He can never build on it. He's offering that up to the Board. MR. ABBATE-As undevelopable. MR. FRANK-That's correct. MR. ABBATE-Mr. DeNardo, did I hear you indicate that you had the survey done or something or other, or someone came in? MR. DE NARDO-A wetland biologist was in there. MR. ABBATE-That's it, a wetland biologist. Do we have that report in the records? MR. DE NARDO-I believe so. MR. ABBATE-I've got it. It's on the map. Thank you very much. MR. URRICO-Mr. DeNardo, should you develop Lot A, where would you access the road? MR. DE NARDO-That would be from Ridge Road. MR. URRICO-From Ridge Road? MR. DE NARDO-Correct. MR. URRICO-And on the Barthel Road, how many houses currently access that road? MR. DE NARDO-Right now there's three, actually four houses that, two seasonal camps, and one permanent residence. MR. URRICO-And who maintains it? Do you maintain it? MR. DE NARDO-I maintain it. MR. HAYES-And that's all in Fort Ann, those residences? MR. DE NARDO-Actually, no, some are in the Town of Queensbury. Actually there's two in the Town of Queensbury, two lots that are in the Town of Queensbury, and half one, it's like half of one and then one other one other one. MR. BRYANT-I just want to, for Staff, I just want to get back to my wetlands question, as it pertains to Lot A. Okay. Now he's got six, this is an RR-5, right? He's got 6.25 acres, plus or minus. The wetland area is 1.2 acres, plus or minus. We're going to need that plus or minus, if it's plus on one side and minus on the other, are we going to need a variance there? 15 (Queensbury ZBA Meeting 1/26/05) MR. FRANK-I understand where you're coming from. You're talking about Lot B now? MR. BRYANT-I'm talking about Lot A. MR. FRANK-So what was the question about Lot A again? MR. HAYES-What's the deduction from the density for the wetland? MR. FRANK-Well, he actually lists that. He shows that the wetland area is 1.2 acres. MR. BRYANT-One point two plus or minus, and the acreage is 6.25 plus or minus. MR. FRANK-So he's going to end up with at least five acres, which is what he needs. MR. BRYANT-Okay. MR. FRANK-He doesn't need any relief for Lot A. MR. BRYANT-Right. Okay. MR. HAYES-Okay. Does anyone have any other questions for the applicant? At this time? MRS. HUNT-Now this designation would carry on even if you sold the property? MR. HAYES-As far as being nondevelopable? Absolutely. MRS. HUNT-Okay. MR. HAYES-Any other questions? That's a good question. Any other questions? If not, I'll open the public hearing. Is there anyone here that wishes to speak on this application? Any correspondence? PUBLIC HEARING OPENED MR. MC NULTY-One piece of correspondence. It's from a Robert A. and Carol Dutcher, and they're writing from New Jersey. They say, "We are writing regarding Variance No. 7-2005 for subdivision filed by Frank and Joanna DeNardo. This is to state that we have no problem with the subdivision application and request a favorable decision from the Board regarding this matter. Thank you, Robert A. and Carol Dutcher" MR. HAYES-I have a question for Mr. DeNardo, as far as the 40 foot minimum road frontage. Could you characterize Barthel Lane? MR. DE NARDO-It's a dirt road. MR. HAYES-Are the emergency people going to be satisfied with access? MR. DE NARDO-I hope so. My son's a fireman and they are up and down there doing drills all the time. MR. HAYES-You're willing to state that on the record? MR. DE NARDO-Sure. MR. HAYES-Okay. That's part of the rationale behind that 40 foot requirement. MR. BRYANT-Well, if Lot B is going to be forever wild, it really is a moot point. 16 (Queensbury ZBA Meeting 1/26/05) MR. FRANK-It's technical relief. MR. ABBATE-Good point. Good point. MR. HAYES-We have the requirements. It's easier for him to say that it meets the requirements. MR. DE NARDO-There's also a storage building up on that road, there, a boat storage building up on the left hand side of the road. It belongs to Castaway Marina, and they have no problem getting in there with their fire equipment. MR. BRYANT-That's not your building, though. MR. DE NARDO-No, it's not. I wish it was. I would take it down, but that's another story. MR. ABBATE-So we have on the record, right, Mr. Chairman, your point that you made that the 40 feet of relief is required from the 40 foot minimum road, rather have it on the record now, that that doesn't present a problem. MR. HAYES-He's stipulated to the record that emergency vehicles currently use that road now. MR. ABBATE-And that's on the record, correct? MR. HAYES-Yes. MR. ABBATE-Good. Good point made. MR. HAYES-Okay. I'll close the public hearing. PUBLIC HEARING CLOSED MR. HAYES-Are there any other questions for Mr. DeNardo at this time? If not, it's time to poll the Board members. I'll start with our alternate, Joyce. MRS. HUNT-I like the idea of seven acres, 7.8 acres being wild, and the 40 foot road access to the Town road does not pose a problem at this point. I don't have a problem with it. It sounds like a wonderful win/win situation. I would be in favor of it. MR. HAYES-Thank you. Roy? MR. URRICO-Yes. I agree. I appreciate the thought process that went into this. I think Mr. DeNardo used a lot of thought in planning this out, and I appreciate the way he's laid it out and thinking ahead, trying to preserve some land, not only for his benefit, but I think for the Town, and I think it would be beneficial to him, but I also think it would be beneficial to the Town to have some protection there, and I would be in favor of it. I think the problems that it would create are minimal compared to what he's giving in return. MR. HAYES-Thank you. Mr. Bryant? MR. BRYANT-I agree. I'd like to make sure that the designation remains, you know, forever wild, and somewhere down the road a family member doesn't develop it, but, that being said, I agree with the other Board members. MR. HAYES-Thank you. Chuck? MR. ABBATE-Thank you. Yes. Mr. DeNardo had a straightforward application. He said what he had to say. He presented us with the bottom line, and a lot of thought went into it, and I agree with the comments of my other Board members, and I would support the application. 17 (Queensbury ZBA Meeting 1/26/05) MR. HAYES-Thank you. Jim? MR. UNDERWOOD-I'm in agreement, too. I think it's a reflection of the fact that you have two different building areas within here, the five acre and the ten acre, and it's, you know, since the other one's going to remain as forever wild, it's essentially going to be an unusable lot. So there's no effect whatsoever. MR. HAYES-Chuck? MR. MC NULTY-Yes. I can agree. I think it's a unique situation, the way the zoning line cuts through the lot lines at that location, if this were actually a separate deeded 7. some odd acre lot, in our ten acre zone, I would have more of a problem with it. The fact that it's actually part of a larger lot, and it's the Town of Queensbury line that makes it the technical smaller lot in the Town of Queensbury, and given that the applicant is willing to designate that this will not be developed, so that we won't have a house on there some time in the future, I'd be in favor. MR. HAYES-Thank you. I essentially agree with the rest of the Board. Once or twice a year we end up with these situations where zoning, Town lines, lot lines all intersect at different points and we have to deal with kind of a roundabout analysis, but in this particular case, I can't see any detriment to the area or the community by what you're proposing, and I don't think any of the other Board members do either. So, essentially, the fact that you're committing that the parcel, the remainder parcel to be forever wild I think is a selling point and certainly tips the balancing test in your favor. So, having said that, I have seven votes for it. Would someone like to make a motion? MRS. HUNT-I'll make a motion. MR. HAYES-Thank you. MOTION TO APPROVE AREA VARIANCE NO. 7-2005 FRANK AND JOANNA DE NARDO, Introduced by Joyce Hunt who moved for its adoption, seconded by Charles Abbate: Ridge Road. The applicant proposes to subdivide a 14.05 acre parcel in the Town of Queensbury. The 14.05 acre parcel is part of a 31.73 acre parcel, of which 17.68 acres exists in the Town of Fort Ann, Washington County. The applicant proposes to subdivide the 14.05 acre parcel into two lots of 6.25 acres, Lot A, in the RR-5A zone, and 7.8 acres, Queensbury portion of Lot B, in the LC-10A zone. Lot B, which he proposes to leave as undevelopable, to not be developed in the future, is not on a Town road, and he needs 40 feet of relief required from the 40 foot minimum frontage requirements for the Queensbury portion of Lot B, and I propose that we pass this variance. Granting relief from the minimum size requirements to create the 7.8 acre lot, Lot B. Duly adopted this 26~ day of January, 2005, by the following vote: AYES: Mr. Abbate, Mr. Underwood, Mr. McNulty, Mrs. Hunt, Mr. Urrico, Mr. Bryant, Mr. Hayes NOES: NONE MR. HAYES-Thank you. Thanks for coming. MR. DE NARDO-Thank you. AREA VARIANCE NO. 11-2005 SEQRA TYPE II ED & JUDY MASTOLONI AGENT(S): KEVIN MASCHEWSKI OWNER(S): ED AND JUDY MASTOLONI ZONING: WR-1A LOCATION: 50 BAY PARKWAY, ASSEMBLY POINT APPLICANT PROPOSES DEMOLITION OF ONE OF THE 2 SEASONAL RESIDENCES THAT CURRENTLY EXIST ON THE PARCEL. PROPSOAL IS FOR THE DEMOLITION OF A 2,063 SQ. FT. 18 ~~ a,~. ~ • ^-~ iI f 0 ~J lf'J FDSM Sua~f K. T. DIY-wAHIUNfY ~h~~,~~~~~~iu~, .lfadethe 2nd day of October Nineteen gundred and Eighty-six ~lthDttp NALTER J. BAATBSL, residing at Star Route, Glens Falls, N.Y., part Y of the drat part, and lRAN1C J. DeNARDO, JR. and JOANNA DeNARDO, his wife, both residing at Star Route, Glens Falls, N.Y., part i e e of the second part, {~~~ that the party of the Jlrat part, in oonaideration of ------------- - ~--- -----------oNe----------------------Dollar (j l.DD ) lawjulmoneyojthe UnitedStatea, and other good and valuable consideration paid by the part ie s of the second part, do es hereby grant and release unto the part ies of lice second part, their heirs and aasi~na forever, all THAT CERTAIN PIECE OR PARCEL OF LAND situate in the Town of Fort Ann, Washington County, New York, more particularly described as follows: BEGINNING at a point marked by a 1D inch diameter cedar fence corner, said point being the northeast corner of Lot No. 11, Moses Harris Patent, and the southeast corner of Lot No. 12, Moses Harris Patentr running thence North 75 degrees 18 minutes 10 seconds West 706.00 feet to a point for a corner] running thence North 14 degrees 41 minutes SQ seconds East 521.91- feet to a point for a corner, said point being situate in the center of Barthel Laney running thence South 68 degrees 04 minutes 30 seconds East 141.09 feet to a pointy running thence South B1 degrees z9 minutes 20 seconds East 569.34 feet to a point for a corners running thence South 14 degrees 41 minutes 50 eeconds Weat 565.51 feet, said course along the westerly bounds of the Lake George Tract, to the point or place of beginning. Containing 8.60 acres of land, be the same more or less, and being the premises shown on a Map of Lands to be Conveyed from Walter J. Barthel to Frank J. DeNardo, Jr. and Joanna DeNardo by Wayne R. Ray- mond, Licensed Land Surveyor, dated July 15, 1986 and intended to be filed simultaneously herewith. SOBJECT to the rights of others to cross that portion of Barthel Lane conveyed herein for purposes of ingress and egress to Ridge Road, New York Route 9L. GP.ANTING to the parties of the second part, their heirs and .assigns forever, rights of ingress and egress over Barthel Lane to Ridge Road, New York Route 9L. i :rm~ 1 KCC. CIY CV ;...-..3.5~.olt..-.. _~ ~ REAL ESTATE ~ OCT 141985 TRANSFER TAX jWASHINGTOC~ , COUNTY 1 11 ~ ~ ~I _,.... ...~. _ ~...~~.~.:~.. ....,~~m,~.w,, ~ ~ t 4 ~ £ O p m ~ y :", r l z z y M ZG~ O°, ''- 4 D2rr !^" ~.. .. Z.m D O r''.' :;i~~ ` A C 7 1~ A m~ZT ~ vi o, 'p Q ~ w O m OC 0 O ~ ~ m OODm ~ to b r x O n Z N 4 7J X m W O ~ Z y O ~ a . >C A N w T ~_ ~~ n~ ~ ~ ~ ^ ` t/1/ ~., T.. ' s•xc ti =;K 9 ~ ~• .'• ~ ,•, l7 ; _~ ~Iw .Sl ~ z e xxraoN -•-f- r ' •vucnr ot/? pa?naara a'~ 7s'~!? aut o? pa$palmouxon at( puff'?uautn~?rut uit~~un e'y? Pa?~oaxa or~rn pun u} paquosap uosfod autnr ate? aq o? aua o? u~nou~ pun umoux Rppvuorfad aza o? zaaaava •r aaazeM palvadda Rtpauorlad'/aq:targnr 9ua'eua alofaq xSs~~C~ybSa puo patpung uaa?au~•H• ,~ f NaaaxM =n fiyu-nj~ sago~op fo /inp Puz r?~~ up i ~laa~ ~t~ 3n ainiS I!~ . zaHSav •r aaa•svM ~'~'~ ~~r~~ "~~ ~ ~o azuasaa~ u(~ •ua??um anogn ?sa?/maR pun Rap ate? tear pun pumt sty Tar o?una~a~y r: n'7 7tod ?s1~% ayy /o ,( 7~nd aa~? joaxa:~~ suauu~ p~ ~ •ras?aua~d pins o? al??7 atf7 3u~~ ianaloJtrure 3sed ;eii3 ay3 30 ,Cased pins ?n'+f•L 'quosag :rasrtuald pains a~y? Rofua Ry?aanb pZagr ?tnd puooae au? Jo saS Zlvd a~y? ?vx~,y '~ss~~ emo11oJ rn s ?utiuanoa zed asiS; aye 30 ~S~~ed pins pub •~analoj eu~tssa pun s:Say scay~ 'ylnd puooar a~17 jo eaS ?rod ate? o?un pa?ua~@ u}a~at~ sastutald a~~ piag ni pus aas~ np~ 'sasi2uald pins oz pua ug ?1nd ?slg/a•y? jo ~ ?rod a'Y? jo s?udu pun a?n?sa a•y? tpn pun saaunua~~ndda at{? tf??m sa!{~a6npt I~z 3°~~ ~~~"°'-i !'- a A WARREN COUNTY CLERK 1340 STATE ROUTE 9 LAKE GEORGE, NY 12845 (518) 761-6426/(518) 761-6429 60CtJMENT 4 ~-1-)-)113 TYPE: AFA RECEIPT: 4742 PAMELA .!. WOGEL WARRED CDIltaTY CLERY 4'OL: AP LIBER: ~C- F'AGE: 27~ RECORDING COVER SHEET EMP. INITIAI-S COVER PAGE ($5.00) ~~ r # OF ITEMS @ $3.00 ATTACHMENTS # OF PAGES TO VALIDATE ADDITIONAL FEE ADDITIONAL NAMES 9 /d MORTGAGE TAX STAMP I do hereby certify that I have received on the within instrument $ being the amount of Mortgage Tax. p~.id and $ special additional Tax and $ additional tax at the time of recording. Dated TOWN DOCUMENT TYPE /~~ CONSIDERATION PAMELA J VOGEL RECORDING OFFICER WARREN COUNTY, NY PAGE VALIDATION Please fill in blanks below before submitting for(record ~ g. Party(ies) of the First Part: t I C <'~ I '/C '~ ~ `L Second Part: ~ ~ ' ~ ~ C1 rarty(ics) •f the ____~ ~ ' ~ ~; _l ~ v~ v~~-~~ ~~~~'~Iv ...~ .'.- ... RECORDING STAMP RECORDED BY: /~ ~YYlll uilr RETURN TO: ~f~~-r €s °'~ ® ~~ r. ,,.~ ~ Y ! 1 ' ~ I g . . . i .. f"i t x s ~~ ~ ;_~ ' ~v ~ ~~=~ 2? ~~ ~ i2~ 4 5 ~ ~~ ~M i ~ ° ~ u 4 r= .t ., ~.. a `^ APA Project Permit 2003-257. c A k da Adirori p~rka~ency Date Issued: March 3, 2006 P.O. Box 99 • Ray Brook, New York ..12977 • (518). 891-4050 In the Matter of the Application of To the County Clerk: This permit must be recorded on or before FRANK DENARDO, JR. AND JOANNA DENARDO May 2, 2006. Please index this permit in the grantor index under the following names: 1. Frank DeNardo, Jr. for a permit pursuant to §809 2. Joanna DeNardo of the Adirondack Park Agency Act and 9 NITCRR Part: 578 SUNII~lARY AND AUTHORIZATION Frank DeNardo, Jr. and Joanna DeNardo are granted a permit, on conditions, authorizing a two-lot subdivision involving wetlands and construction of one single family dwelling in an area classified Rural Use by the Official Adirondack Park Land Use and Development Plan Map in the Town of Queensbury, Warren County and the Town of Fort Ann, Washington County. This project may not be undertaken until this permit is recorded in the Warren County Clerk's Office. This permit shall expire unless so recorded on or before May 2, 2006 in the names of all persons listed on the first page hereof and in the names of all owners of record of any portion of the project site on the recordation date. This project shall not be undertaken or continued unless the project authorized herein is in existence within four years from the date the permit is recorded. The Agency will consider the project in existence when the 6.25-acre Lot "A" has been conveyed and the deed recorded in the Warren County Clerk's Office. Nothing contained in this permit shall be construed to satisfy any legal obligations of the applicant to obtain any governmental approval or permit from any entity other than the Agency, whether federal, State, regional or local. Page 1 of 9 Project & Permit No. 2003-257 AGENCY JURISDICTION The project consists of a two-lot subdivision involving and subdividing wetlands and a new single family dwelling and related development in a state highway critical environmental area and Rural Use land use area. The Agency has Class A regional project jurisdiction pursuant to §809 (2) (a) , 810 (1) (d) (1) (b) , §810 (1) (d) (2) of the Adirondack Park Agency Act, 9 NYCRR 573.4(d), 'and §179-18-010 of the Town of Queensbury Zoning Ordinance, and "regulated activity" jurisdiction pursuant to 9 NYCRR 578.2 and 578.3(n)(1)(i). PROJECT DESCRIPTION AS PROPOSED The project site consists of 31.73 contiguous acres bordering on NYS Route 9L and Barthel Lane in the towns of Queensbury, Warren County, and Fort Ann, Washington County in an area classified Rural Use on the Adirondack Park Land Use and Development Plan Map. It is identified on the Town of Queensbury Tax Map Section 240, Block 1 as Parcel 47 and on the Town of Fort-Ann Tax Map Section 91, Block 1 as Parcels 14 and 14.1. The project site is described in a deed from Walter J. Barthel to Frank J DeNardo, Jr. and Joanna DeNardo which was dated February 14, 1994 and recorded August 15, 1994 in the Washington County Clerk's Office in Liber 716 of Deeds at page 135) and in a deed from Walter J. Barthel to Frank J. DeNardo, Jr. and Joanna DeNardo dated September 26,2002, recorded November 12, 2002 in the Warren County Clerk's Office in Liber 1294 of Deeds at page 17. The project as proposed will create two lots and new development as follows: • A 6.25-acre lot (Lot "A") entirely within the Town of Queensbury bounded on the west by 563 feet of frontage on NYS Rt 9L. A 3- bedroom, 2550 square foot (footprint) single family dwelling will be constructed on this lot, adjacent to Rt 9L, and will be served by a conventional on-site wastewater treatment system and a well for potable water. This lot will be conveyed in the near future. • A 25.48-acre lot (Lot "B") within both towns (7.8 acres in Queensbury; 17.68 acres in Fort Ann) contains an existing single family dwelling situated within the Town of Fort Ann. The project is illustrated by two sheets of plans prepared by Dennis Dickinson, L.S. and P.E. as follows: • A survey and site plan map entitled, "Map prepared for Frank J. (Jr.) & Joanna DeNardo", "Sheet 1 of 2", dated January 27, 2003, last revised December 28, 2005. Page 2 of 9 Project & Permit No. 2003-257 • Septic system design details entitled, "Map of Shallow Trench System Details", "Sheet 2 of 2", dated November 2, 2003, printed December 8, 2004 and received at the Agency on January 6, 2006. Reduced-scale copies of both sheets are attached and made part of this permit. CONDITIONS BASED UPON THE FINDINGS BELOW., THE PROJECT IS APPROVED WITH THE FOLLOWING CONDITIONS: 1. The project shall be undertaken as described in the completed application, the Project Description as Proposed and Conditions herein. In the case of conflict, the Conditions control. Failure to comply with the permit is a violation and may subject the applicants and their successors and assigns to civil penalties and other legal proceedings, including modification, suspension or revocation of the permit. 2. This permit is binding on the applicants, all present and future owners of the project site and all contractors undertaking all or a portion of the project. Copies of this permit and all the approved maps and plans referred to herein shall be furnished by the applicants to all contractors prior to undertaking the project, and to all subsequent owners or lessees of the project site prior to sale or lease. All deeds conveying all or a portion of the lands subject to this permit shall contain references to this permit as follows: "The lands conveyed are subject to Adirondack Park Agency Permit 2003-257 issued March 3, 2006, the terms and conditions of which are binding upon the heirs, successors and assigns of the grantors and all subsequent grantees." 3. The Agency may conduct such on-site investigations, examinations, tests and evaluations as it deems necessary to ensure compliance with the terms and conditions hereof. Such activities shall take place at reasonable times and upon advance notice where possible. Wetlands 4. Beyond the subdivision authorized herein, no "regulated activity" as defined in the Agency's Freshwater Wetland Regulations (9 NYCRR Part 578) shall occur on the project site without a new or amended Agency permit. Such activities include, but are not limited to, new land use or development in, subdivision of, clearcutting more than three acres within, or dredging or filling of a wetland, or any other activity, whether or not occurring Page 3 of 9 Project & Permit No. 2003-257 within the wetland, which pollutes it or substantially impairs its functions, benefits or values. No building shall be placed within 75 feet of the wetland on Lot "A". 5. Prior to undertaking any earth disturbance on Lot "A", a silt fence shall be properly installed parallel to the existing contours between the construction site and these water resources. The silt fence shall be embedded into the earth a minimum of four inches and shall be a minimum of 20 feet from the wetland or surface water bodies, wherever possible. The silt fence shall be maintained throughout construction and shall not be removed until after all disturbed soils are stabilized to prevent siltation of the water resources. The applicants or their successors in interest shall inspect .the fabric at least once a week and after every major storm event to ensure the fabric and supports are intact and to.remove accumulated sediments so as to maintain the fence in a functional manner. Wastewater Treatment 6. The proposed on-site wastewater treatment system on Lot "A" shall be constructed in complete conformity with the location and design shown on the plans referenced herein. Installation of the system shall be under the supervision of a licensed design professional (licensed professional engineer, registered architect, or exempt licensed surveyor). Within 30 days of complete system installation and prior to utilization, the design professional shall provide the Agency and the Town with written certification that the system was built in compliance with the approved plans. 7. The wastewater treatment system shall comply with the Town of Queensbury On-site Sewage Disposal Ordinance. Prior to undertaking construction of the system, a "Disposal System Use Certificate" shall be obtained from the Town of Queensbury. Visual/Open Space Protection 8. Within 75 feet of the edge of right of way of Ridge Road (NYS Route 9L), no trees, shrubs or other woody-stemmed vegetation may be cut, culled, trimmed, pruned or otherwise removed or disturbed except for an area not to exceed 25 feet in width for driveway construction, utility installations and construction of the on- site waste water treatment system, as shown on the plans. This condition shall not be deemed to prevent the removal of dead or diseased vegetation or of rotten or damaged trees or of other vegetation that presents a safety or health hazard. Page 4 of 9 No. 2003-257 9. Clearing for the building site and other associated improvements, including sewage, water supply and driveway and parking areas on Lot "A" shall not exceed 20,000 square feet. 10. As shown generally on the Dickinson survey map (Sheet 1 of the plans referenced herein), no fewer than 15 trees shall be planted between the on-site wastewater treatment system and NYS Rt 9L. The trees shall be selected from the list of Suggested Evergreen Shade Trees set out in §179-8,030 of the Town of Queensbury Zoning Ordinance and shall be at least three feet in height at the time of planting. These trees shall be planted in the spring or fall of the year, which ever comes first, immediately following installation of the foundation for the single family dwelling authorized herein. Planting shall be consistent with the Tree and Root Protection Standards (§179-8-090) of the Zoning Ordinance. Any trees which do not survive or become diseased shall be replaced annually until such time as all of the trees have been established in a healthy growing condition and shall be maintained permanently thereafter in a healthy growing condition. 11. All exterior lighting shall be directed downward and not into the sky, or towards the public road or neighboring properties. The intent is to provide ample lighting for safety and security while reducing nighttime light pollution (glare, light trespass and sky glow). Building Height and Size 12. No structure on Lot "A" shall exceed 35 feet in height as measured from the highest point of the structure to the lower of either existing or finished grade, whichever is greater. 13. The footprint of the single family dwelling on Lot "A" shall not exceed 2,550 square feet in size without a new or amended Agency permit. Future Subdivision, Development 14. Within the Town of Queensbury, Lot "A" and the 7.8-acre portion of Lot "B" shall not be further subdivided. Any land use and development other than the activities authorized herein, including grading and clearing, disturbance of wetlands, and accessory buildings, is prohibited without a new or amended Agency permit. 15. Lot "B" shall not be re-subdivided within a permit from the Agency, including any division along the boundary between towns. Page 5 of 9 6~ Cd ~= ~ x^16= ~ T --~ ® ~ a'~ a.a e~~ ~. ~ .:~ ' Project & Permit No. 2003-257 16. Within the Town of Fort Ann, no new land use or development shall occur without first obtaining a jurisdictional determination and, if required, a permit from the Agency. FINDINGS OF FACT Existing Environmental Setting 1. The project site is located in an area characterized by mixed uses including rural residential, commercial, public, semi-public and open space recreational. Development along the NYS Route 9L corridor in this area is visible or somewhat screened by vegetation. 2. Deep hole soils test pits dug at the location of the proposed wastewater treatment system absorption trench indicated soils of the Becket sandy loam series, with a sandy loam texture to at least 72 inches below grade with a boundary condition and evidence of the seasonal high ground water table at 50 inches below grade. A soils percolation test resulted in a stabilized absorption rate of 14 minutes per inch. These soils are suitable for household wastewater disposal utilizing a conventional in- ground wastewater treatment system. Plans depicting a shallow absorption trench on-site wastewater treatment system prepared by Dennis Dickinson, P.E. were submitted as part of the permit application. State Highway Critical Environmental Area 3. All that portion of the project site located within 150 feet of the edge of the right of way of NYS Route 9L is within a State Highway Critical Environmental Area ("CEA") as identified by the Adirondack Park Agency Act. Background/Prior History 4. The project site is the contiguous 31.73-acre landholding of Frank DeNardo, Jr. and Joanna DeNardo in the towns of Queensbury and Fort Ann. One single family dwelling (circa 1987) is located on the easterly portion of the property, within the Town of Fort Ann. 5. Agency enforcement case E2005-311 addressed un-permitted filling of wetlands in the Town of Fort Ann. Under terms of the settlement agreement executed November 30, 2005, the fill will be removed and the site restored no later than July 1, 2006. Page 6 of 9 Project & Permit No. 2003-257 Local Land Use Program Requirements, Limitations 6. The Town of Queensbury administers a local land use plan program approved by the Agency pursuant to §80ovefatClassAA regionalctive February 26, 1997. Therefore, to app project, the Agency must determine that it meets all pertinent requirements of the approved program. 7. A total of 14.83 acres of the project-site is within the Town of Queensbury. Proposed Lot "A", entirely within Queensbury, is zoned Rural Residential-5 which requires a minimum lot size of five acres. Lot size is calculated, pursuant to ~A183-22 of Subdivision Regulations, by deducting all "unbuildable" areas, ~~ including wetlands. Lot A a total of 6.25 acres, including 1.25 acres of wetlands, meets the required minimum lot size. 8. The 7.8-acre portion of Lot "B" within the Town of Queensbury, treated as a separate "lot" by the Planning Board, is zoned Land Conservation-10. While the minimum lot size in the LC-10 zone is 10 acres and this area contains significant wetlands, the applicants obtained an area variance [AV No. 7-2005] from the Zoning Board of Appeals on condition that this site be a "non- building" lot. 9. The Agency sent notice of this application to the Queensbury Planning Board, which conditionally approved the project [Subdivision 10-2005] on June 21, 2005. PROJECT IMPACTS Wetlands 10. Extensive areas of wetlands exist on the project site. These wetlands consist of scrub shrub and wet meadow covertype and have a preliminary value rating of "4" pursuant to 9 NYCRR 578. 11. Areas of wetlands in close proximity to the proposed building site on Lot "A" were flagged by the Agency in October, 2003 and are accurately depicted on the Dickinson Map. Additional wetlands on the DeNardo property are not shown on the survey map. At its closest point, the dwelling will be 75 feet from the wetlands; the absorption field will be more than 100 feet from the wetlands. 12. This project will not cause the loss of any wetlands or impair the function or benefits derived therefrom if implemented as approved herein. However, there is very limited area available on Lot "A" for development and wetlands also severely limit suitable areas for future land use or development on Lot "B". Page 7 of 9 E... a. ~ ~ ~. ~% i:a~ 1.1 ~_ ° tl'~ 'fix ~ ~ "~ ~ Project & Permit No. 2003-257 Aesthetics and Critical Environmental Area 13. New development should be sited. outside the highway CEA whenever possible. On this project site, however, the new dwelling will be within the CEA in order to maintain the minimum setback from wetlands and prevent adverse impacts to wetlands. By limiting vegetative clearing, screening the dwelling with coniferous vegetation and minimizing nighttime light pollution, adverse impact to the CEA will be avoided or minimized. Historic Sites or Structures 14. According to available mapping resources, there are no known historic or archaeological resources on the project site. The project as proposed and authorized herein will not cause any change in the quality of "registered," "eligible," or "inventoried" property as those terms are defined in 9 NYCRR 426.2 for the purposes of implementing §14.09 of the New York State Historic Preservation Act of 1980. CONCLUSIONS OF LAW The Agency has considered all statutory and regulatory criteria for project approval as set forth in Section 809(9) of the Adirondack Park Agency Act (Executive Law, Article 27) and 9 NYCRR Part 574; §24- 0801(2) of the NYS Freshwater Wetlands Act (ECL, Article 24, Title 8) and 9 NYCRR 578.10 and provisions of the Town of Queensbury local land use program. The Agency hereby finds that the project is approvable and complies with these criteria, provided it is undertaken in compliance with the conditions herein. Page 8 of 9 C~ ~ ~: ~.~ E'~ ~ i~6 T ~ m ~ ; ~~. as e,~ :~. ~. ;~~ Project & Permit No. 2003-257 PERMIT issued this ~ Pct day 2006. ADIRONDACK PARK AGENCY BY : ~ I"C I~~~L~~ ~ ~ ~l'_' v Mark E. Sengenberger Deputy Director (Regulatory Programs) STATE OF NEW YORK) ss. . COUNTY OF ESSEX ) On the 3~~. day of ~~'~/+'~ in the year 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Mark E. Sengenberger, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. otar~r Publ~ MES:SBM:EEG:scs STEPHANIE C. SUMMERS Notary ~ 01~U612B7E;aewYork~c, Cammtssion Expires Juns 1S, 20.SL.l Page 9 of 9