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ApplicationNew Business Area variance BOATHOUSE Review in the month of July 2011 ayi~ 24 Brayton Road New Boathouse Dufren Cross Ref. Site Plan Review ~~ TOV'V'1~1 OF QUEENSBURY 742 Bay Road, Queensbury, IVY 12804-5902 May lo, 2411 / 3tef~nie 1~iLa.Ua`,Bitter, .Esq.. , Bartlett, Pontiff Stewart & Rhodes, PC One Washington Street, P.O. Box 2168 C'flens Falls, NY 12801 . RE: David & Evelyn Dufrense 24 Brayton Road Tax Map Parcel: .239.8-1-13 BP 2011-141 & BP 2011-142 Dear'Ms. Bitter: a a:. ~'~', fir, ie- i -I t -- r r ~. 518-76 I -8201 I am writing to you .in response to the additional .drawings/plans that were submitted to my office for the above listed project. _ I have reviewed the purls and find that both an Area Variance and Site Plan review will be needed .for both components of the project; the new deck and new. boathouse. Specifically, the new construction does not meet the minimum property line setbacks for the Waterfront Residential; (WR) zoning district. Attached please find. our Area Variance and Site Plan review applications for your convenience. In the meantime, the Stop Work Order is still in effect. Should you have any questions, please do riot hesitate to contact this office. Regards, Town of Queensbury Craig Brown Zoning Administrator CB/sh Cc: Dave Hatin Bruce Frank L:~Craig Brown~2011 I.ettets~Bitter DufrdLCe 5 10 i l.doc "HOME OF NATURAL BEAUTY ... A-GOOD PLACE TO LIVE" SETTLED 1763 ,~ < ~. ~~ ire-Submission Conference Form (179-4-0401 1. Tax Map ID Z.39 8~r'/~- '~ 2.. Zoning Classification ~~• ~_;3. Reason for Review: /g•U• /~'~'e ~~l~ 5~~c/L ~4. ~- ~~ •. i' 1,. ~: ?,. ~. ~. ,, ;~ ~~ zoning section #: l 7~ 3'vy~ ~9/'/~~uS~' Area Variance;v~i June 2 CEIVEp ~~~NtNG pF e~RY Pre•Submission Meeting Notes; Outstianding Items To Be Address Include. FFiCE. deed:.- Yes No General Information complete lies No Site Development Data Coil~tplete Yes No Setback Requirements Complete ~ Yes No Additional Project information Complete Yes No PAR addressed Yes:. No . Compitance with Zoning Ordinance Yes ~ No Ghecktts# itetrrs addressed Yes No Environrrl~ental f=orm completed Yes No Signature Page completed ~ Yes ~ No :r- -:~ L~.11%!/dam/flit f - . ~; it ~?~_ / Representable: ``:Applicant !Agent: ~~~~ 1 Area Variance Revised June 2009 General Information ._... w.,,.,, ~,. ,Dumber: 239.8-1-13 Zoning District: wR ~ ' Detailed Description of Project [includes current & proposed useJ: Applicant is requesting to finalize the repair on their sundeck/dock and Location of project: 24 Brayton Road NY Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804.518-761-8238 ~ PAUL E. PONTIFF ALAN R. RHODES* ROBERT S. MCMILLEN PHILIP C. MCINTTRE MARK A. LEBOWITZ J. LAWRENCE PALTROWITZ MALCOLM B. O'HARA PATRICL\ E. WATKINS MARK E. CERASANO MARTIN D. AUFFREDOU BRUCE O. LIPiNSKI PAULA NADEAU BERUBE JONATHAN C CAPPER BENJAMIN R. PRATT, JR EILEEN M. HAVNES JAMES R. BURKETT STEFANIE DILALLO BITTER KARLA WILLIAMS BUETTNER BARTLETT, PONTIFF, STEWART BiL RHODES, P.C. ATTORNEYS AT LAW P.O. Box 2168 ONE WASHINGTON STREET ~iLENS FALLS, NEW YORK 12801-2168 TELEPHONE (518) 792-2117 Fax (sls) szaao2o EMAIL arr@bpsrlawcom W EBSITE wwwbpsrlawcom "Also Admitted in FL June 15, 2011 Chairman Steve Jackoski Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury NY 12804 Re: David and Evelyn Dufresne-DOCK 24 Brayton Road Tax Map Parce1239.8-1-13 Dear Chairman Jackoski: RICHARD J. BARTLETT Retired ELISABETH B. MAHONEY JOHN D. WRICHT JESSICA HUGABONE VINSON BRIAN C. BORH3 ROBERT S. STEWART 1932-2001 BERTRAM J. DUBE 1916-1999 Please be advised that our firm represents David and Evelyn Dufresne with regard to the renovations they have made at 24 Brayton Road. Due to the fact that the existing dock and sundeck were in a state of disrepair, the Dufresene's retained contractor Mike Ross to begin repairing the failing structure. The structure was in such a condition that they did not use the sundeck because it was swaying at times with heavy wind. Unfortunately, neither the Dufresenes, nor their contractor, secured the necessary building permits. for the project under the mistaken belief that a,replacement did not require permits. As a result, on February 24, 2011 a Stop Work Order was issued by Charles Dyer relative to the repair and construction of a dock/sundeck and a wrap around deck. The clients have advised that the entire wooden portion of the structure was rotted. As the enclosed pictures demonstrate, the sundeck/dock that was being constructed was a replacement of the structure that was there. The sundeck had not been utilized during the Dufresne's ownership because of its lack of stability. Although the wood was replaced, the cribbing remains. As result, under the Town of Queensbury Zoning Code § 179-5-050, since 25% of the structure remains (the crib), we did seek Craig Brown's determination that this would be considered a repair. However, the request was denied. We believe in reviewing the balancing test that is required for an Area Variance that the balance weighs in favor of the Applicants for the granting of this request. Due to the layout of the lot there is no compliant location for this dock. In addition, to relocate the structure would require the removal and installation of new cribbing. Such an act would in our opinion create an unnecessary Chairman Steve Jackoski Zoning Board of Appeals Page Two June 15, 2011 impact to the Lake which would have a negative environmental effect. The intentions of the Applicants were simply to correct an unsafe condition on their property which should not be negatively judged. We have included with the Area Variance Application, pictures of the site, Elevations of the dock/sundeck, a Survey and the Application fee. Please place this on your first available agenda. If you have any questions, please contact me or Attorney Stefanie DiLallo Bitter. Very truly yours, By: BARTLETT, PONTIFF, STEWART & RHODES, P.C. Jo at an C. Lapper, Esq. D ec #: (518) 832-6434 D e Fax #: (518) 824-1034 D e t E-Mail.• Llna,bpsrlaw.com JCL: cc: David and Evelyn Dufresne 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 day. 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 anv agenda until all missing information has been supplied. 5) Submittal to the Warren County Planning Board, if applicable. 6) Zoning Board meeting, generaly 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 plansldrawings 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 Reauest: any request for a waiver from the applicant regarding submission requirements. • Copv of Deed • Survey: stamped, dated & signed • Fee ZONING STAFF 8a CONTACT INFORMATION Craig Brown, Zoning Administrator craigbCc~aueensbury.net Keith Oborne, Land Use Planner keitho(g~aueensbury.net Sue Hemingway, Office Specialist (518) 761-8238 Visit our website at vwvw.aueensbury.net for further information and forms, Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Q Area Variance Revised June 2009 General Information Tax Parcel ID Number: 239.8-1-13 Zoning District: wR Detailed Description of Pro'ect [includes current & proposed use]: Applicant is requesting to finalize repair on their sundeck/dock. Location of project: 24 Brayton Road Applicant~>~Va~~ avi an ve yn Addy ~' h,~ ~',L mnia SLreez k ~r~} ~~' vr''~ ,,,~'; . ~~ ~n Dufresne ~j x. ~~,~,~~'* ~'ohoes NY 12047 Home Phorje ~ell'.~~ 7'~7~~ ~~., ,~' Work Phon'e' ~ ~~=`~`" ~ E-Mail: ,~, '" Agent's Name^ q dress ~ ` ne as ing on ree ~,~ ' ~~' ~~ Stewart & Rhodes ~_,, fir. , ?~, PO Box 2168 Glens Fall Home Phone °. Cellti ~~ ">, ~k~ ` '; ~,,r "i y ~~~ fv ~I WAS 7~2~~~ '; Work Phone 518-832-6434 832-641 F ~F,"~ ~'~ ~ 518-824-1034 824-1019 t, ,, , .~ ~ F~~,;,~ r Y' r' E=mail ~ ~` 7 c ~ psr aw .com r~'~t ~ ,~, '' „s. ~ sdb@b srlaw. com ~µ~ . ~:_-~: ? ~~~~ ~~-~µ . Owner s Name` same as scan pp ~,' Address icy ~ ~ Home Rhone Cell-: ~ r .- , - Work Phone ~ FaxJ E-mail i NY Towrr of Queensbury ^ Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Site Development Data =J ~ ~ area /Type -~{~` t}~,~ aura .~ ~ ~ t ,;: I - :s ~,.: , .~,~ A. Building footprint 1952 0 1952 B. Detached Garage C. Accessory Structure(s) D. Paved, gravel or other hard surfaced area 3 , 4 3 3 .7 0 3 , 4 3 3 .7 E. Porches /Decks 6 6 5 -18.7 64 6 .3 F. Other G. Total Non-Permeable [Add A-F] 6 0 5 0 .7 6 0 3 2 H. Parcel Area [43,560 sq. ft. /acre] 11, 8 54 11, 8 54 I. Percentage of Impermeable Area of Site [I=G/H] 51 % 50 Setback Requirements Area R~equii-ed Existing. ~ ,. , ;` Proposed Front [1] 30 n/a Front [2] Shoreline 50 31 Side Yard [1] 12 6 .4 Side Yard [2] 12 6 . 9 Rear Yard [1] 3 0 Rear Yard [2] Travel Corridor Height [max] Permeability 75 % 49% 50% No. of parking spaces Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238 Area Variance Revised June 2009 Additional Protect Information 1. Will the proposal require a Septic Variance from the Town Board of Health? 2. If the parcel has previous approvals, list application number(s): No AV 81-98 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? No 4. Estimated project duration: Start Date End Date ASAP Estimated total cost of project: 6. Total area of land disturbance for project: 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. i Zoning- District Syrrib'ol ` 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 one 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 11, 854 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 2607 Area x 22 see above table Town of Queensbury ^ Zoning Office • 742 Bay Road •Queensbury, NY 12804. 518-761-8238 Area Variance Revised June 2009 Requesting relief from SECTION: Compliance with Zoning Ordinance 179-3-040 (Dock) Need relief from the requirement(s) listed below which can not be met by the proJ'ect as proposed. (Check all thatapplyJ wetback ^ Buffer Zone ^ Lot Width ®Other Shoreline and Expansion of Nonconforming Structure The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property vwll be created by the granting of this area variance? No. The Applicants are simply trying to repair the sundeck because t e structure a eteriorate . 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? Due to the fact that the dock/sundeck is using the already existing crib there are no other alternatives. 3. Whether the requested area variance is substantial? Since the Applicants are simply trying to change the conditions of the existing structures to make it safer for their family and guests, this s ou no e eeme as su s an is variances. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No, if anything it will improve the physical conditions of the area y ma ing t e o sa er. 5. .Whether the alleged difficulty was self-created? No, these variance are necessary simply because the prior structures ave rotte ma ing t ezr con ition unsa e. Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 4 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. A. GENERAL ~ ,. >;.~ $HQ.... ON ; ;. `SH ET # 1 Title, Name, Address of applicant & person responsible for preparation of drawing See survey 2 Deed attached 3 North arrow, Tax Map ID, date prepared and scale [minimum 11n. = 40 ft.] See survey 4 Boundaries of the property plotted to scale, zoning boundary 5 Principal structures, accessory structures with exterior dimensions See survey 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing ~ proposed See survey 7 Setbacks for all structures and improvements: existing & proposed See Survey 8 Elevations and floor plans of all proposed and affected structures n/ a B. .: .WATER & SEWER,' , s ~ °_~ t ~=.'t , ''~ .1:. i:5 , .NON SH ET # 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed n/a 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 of water su I includin dail water usa e 5 Percolation test location and results C, PARKING/,PERMEABLEgREAS:``; 'j' s' , ~S SON.. , SHEEP # 1 Number of spaces required for project including calculations and justification: existing 8 proposed n/ a 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 i3< proposed n/a 4 Design details of ingress, egress, loading areas and cutting: existing & proposed See survey 5 location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed See Survey 6 Lighting, location and design of all existing and proposed outdoor lighting ri a it D. ADDITIONAL SITE Q VELOPMEIJT AND MISCELLANEOUS SHO. NON SH ET # I On-site & adjacent watercourses, streams, rivers, lake and wetlands See Surve 2 Utility /energy distribution system [gas, electric, solar, telephone]: existing 8~ proposed See SUrVe 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. n/ a 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & ro osed ri a e Signage: Location, size, type, design and setback: existing & proposed 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 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 ,, -'Pre-Submission Conference Form f179-4-0401 1. Tax Map ID Z•,~9 8~/`~~• 2. Zoning Classification L(.J~„ Area Variance Revised June 2009 3. Reason for Review: 1 9•~Q /t-D~ „S/ ~ ~~~' ,~i~C/G 4. Zoning Section #: ~ 75~ 3-~y~ -~ 5. Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include: . Deed Yes No General Information complete Yes No _ Site Development Data Complete Yes No Setback Requirements Complete Yes No Additional Project Information Complete Yes No FAR addressed Yes No Compliance with Zoning Ordinance Yes No - Checklist items addressed Yes No Environmental Form completed Yes No . Signature Page completed- ~ Yes No ~.~~ , ~~ ~~~ ~0. staff Representative: Applicant /Agent: -Date: ~~ Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238 6 Area Variance Revised June 2009 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 fallowing if the OWN R of the property is of th% same a he a licant Owner: ~ ~ ~ l /~ ~PC./~ Designates: G~~ - As agent regarding For Tax Map No.: Deed R~renc OWNER SIGNATUR Variance Site Plan Subdivision Section Block Lot Book Page Date DATE: APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to ati:end 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] 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.) 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 applicant's responsibility to obtain any additional permits. 5.1 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. ti) 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. 1 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 h ve read and a re to the above. ~v~-~h ~l~~resne_ ~ 7~v I~ ~ 7~,~~r~stiP Sig ture ppli ant] Pr nt Name [Applicant) ~~r N t- 0 ~ Si ature fAge t) Print Name [Agent] D e s~gs e~, Date signed Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804. 518-761-8238 9 ,, -~ o~ ~',~ /~ ~ ~-'' i3 ~ ~ ~~ _ ~ ~' -..- -~ ,~~ t i, rw ~ ~ ~~ Page l of 1 http://216.252.121.32/us.f464.mail.yahoo.com/ya/securedownload?mid=1_55616_AMvHt... 5/25/2011 cc ? r f. > ~- E'.~ to _„_ TOWN OF QUEENSBURY ~"~' ` ri~ 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 May 10, 2011 Stefanie DiLa11o Bitter, Esq. Bartlett, Pontiff, Stewart & Rhodes, PC One Washington Street, P.O. Box 2168 Glens Falls, NY 12801 RE: David & Evelyn Dufrense 24 Brayton Road Tax Map Parcel: 239.8-1-13 BP 2011-141 & BP 2011-142 Dear NIs. Bitter: I am writing to you in response to the additional drawings/plans that were submitted to my office for the above listed project. I have reviewed the plans and find that both an Area Variance and Site Plan review will be needed for ,both components of the project; the new deck and new boathouse. Specifically, the new construction does not meet the minimum property line setbacks for the Waterfront Residential; (WR) zoning district. Attached please find our Area Variance .and Site Plan review applications for your convenience. In the meantime, the Stop Work Order is still in effect. Should you have any questions, please do not hesitate to contact this office. Regards, Town of Queensbury Craig Brown Zoning Administrator CB/sh Cc: Dave Hatin Bruce Frank L:\Craig Brown\2011 Letters\Bitter Dufrense 5 10 1 I .doc "HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE" SETTLED 1763