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Application and Supporting Documents Area Variance [ZBA approved: September 21 2016] General Information Tax Parcel ID Number: —A J Zoning District: W(21 Detailed Description of Project[include current&proposed use]: Current Use: Ino me Proposed Use: SiAp je i AMuy hwle h!11 rt SID 5({ 4 �n-1 aw �aC�men� Location of Proj ect: X1 l g,Q g0.1 12A OZ n SbV�I Applicant Name: Vh+" Mailing Address R,e �j'om Po kuese. a�� F3i 0a 2� Q�zsb�r� Home Phone City;State,Zip n►A N Y laF>!oN Work Phone Cell'Phone °1-13 (0 3 y 3lo g E-Mail: be V\r%?V-kuese Q FAX No. �koo_�om NR Agent's Name: Mailing Address Home Phone City, State,Zip Work Phone Cell Phone E-mail FAX No. Owner's Name Mailing Address 3e�-4�+Torn Por�u�sc Home Phone City, State,Zip NA Cilsee,�Sb�r NY 1 aSay Work Phone Cell"Phone q73 (0343(0 91 E-mail beA-hQocA­_%,eK Q FAX No. c,.�•oo,�v� ^tA Page 1 a, Area Variance [ZBA approved: September 21 2016] Site Development Data Area/Type Existing sq.ft. Proposed Total sq.ft. Additions .ft. S A. Building footprint 7 a S O B. Detached Garage d C. Accessory Structure(s) D. Paved,gravel or other hard surfaced area E. Porches/Decks 3gc,, o F. Other G. Total Non-Permeable [Add A-F] 1 �nI H. Parcel Area [43,560 sq.ft./acre] o, 5,99. (o I. Percentage of Impermeable Area of Site [I=G/H] 12- Setback 2Setback Requirements Area Required Existing Proposed Front Yard [I] 10 9 Front Yard[2] Shoreline qo.y` Side Yard [1] �o•I ' Side Yard [2] 44.1 Rear Yard [1] Rear Yard [2] Travel Corridor Height[maximum] Permeability �� plb Number of parking spaces Page 2 Area Variance [ZBA approved: September 21 2016] Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? ()0 2. If the parcel has previous approvals,list application number(s): 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit Program? —Yes IX No 4. Estimated project duration: Start Date: fall 3061 End Date: ,rikR_f 301 g 5. Estimated total cost of project: S LIdr 000 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. Zoning District Symbol Floor Area Ratio [FAR] Waterfront Residential WR 0.22 Commercial Moderate/Commercial CM/Cl 0.3 Intensive 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 �I7g .(p sq.ft. Existing Floor Area 5?Lno •l sq. ft. see above definition Proposed Additional Floor Area 0 sq. ft. Proposed Total Floor Area sq.ft. Total Allowable Floor Area 1 i 14. t 7- (Area x•Via— see above table Page 3 Area Variance [ZBA approved. September 21 2016] Compliance with Zoning Ordinance Requesting relief from SECTION: 1 -7q-3-d VO Need relief from the requirement(s)listed below which can not be met by the project as proposed. AI [Check all that apply] ❑Setback ❑Buffer Zone ❑Lot Width Other 6 Ui[1 c/I dv rt /146Lr�/ The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. I. 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? 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? 3. Whether the requested area variance is substantial? 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? 5. Whether the alleged difficulty was self-created? Page 4 Area Variance [ZBA approved: September 21 2016] Section 179-14-030—Application materials Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s)—a survey showing existing conditions,a proposed conditions map(see page 00 for specific criteria)and include any other attachments that address A-D as applicable to the proposed project. A. General Shown on Sheet# I Title,Name,Address of applicant&person responsible for preparation of drawing -e U c v�P_ 2 Deed C 3 North arrow,Tax Map ID,date prepared and scale minimum: 1 inch=40 feet J E"1-0-U 4 Boundaries of the property plotted to scale,zoning boundary 5 Principal structures,accessory structures with exterior dimensions 6 Site improvements incl.outdoor storage areas,driveways, parking areas,etc.: existing!& ro osed 7 Setbacks for all structures and improvements: existin &proposed 8 Elevations and floor plans of all proposed and affected structures cl-v B. Water&Sewer Shown on Sheet# I Project sewage disposal facilities,design details,construction details,flow rates,and number of I ' bedrooms proposed a ' c ckd 2 Water supply [i.e.well] &septic on adjoining lots with separation distances to existing or 1 proposed on-site water supply and septic 'fes 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 supply including daily water usage 5 Percolation test location and results C. Parkin /Permeable Areas Shown on Sheet# 1 Number of spaces required for project including calculations and justification: existing& t proposed 2 No. of existing parking spaces, number to be removed,number to maintain and type of surfacing material [e.g.,gravel,paved] 3 Provision for pedestrian and handicap access and parking: existing&proposed 4 Design details of ingress,egress, loading areas and cutting: existin &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 kJA 2 Utility/energy distributions stem as,electric,solar,telephone]: existin & ro osed 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. 4 Square footage of bldg.area proposed for office,manufacturing,retail sales or other commercial activities: existing&proposed 5 Signage: Location,size,type, design and setback: existing&proposed 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items 7 Commercial /Industrial Development requires submission of Landscaping, Stormwater Man a ement,Grading& Lighting Plans 8 Identification of Federal, State or County permits required for the project together with a record of aDDlication for all necessary permits Page 5 Area Variance [ZBAapproved: September 212016] Pre-Submission Conference Form/Section 1(79-9-040 1. Applicant Name: ( O/,-,1 '� R POA ues Je 2. Tax Map ID lJ� ��Z� Location: c2 ci Psk- 3. Zoning Classification _U(Z 4. Reason for Review: S C4/l 0 el �(' ( Q 6 /n S F 5. Zoning Section#: 1�—�'� o 6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by Deed General Information complete Site Development Data Complete Setback Requirements Complete Additional Project Information Complete _y4 FAR addressed _z Compliance with Zoning Ordinance Checklist items addressed Environmental Form completed Signature Page completed +� l 1 S Q a S G_ CA U n 1 T c Its M Ch i A LI C0!&St r� r ✓ C< r .GL c CSS . C, WkCkA 1 i► te Ce- fo d1 �P Staff Representative: rLYAOA Applicant/Agent: Date: a� Page 6 Area Variance [ZBAapproved: September 212016] 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: Designates: as Agent regarding the following: Variance Site Plan Subdivision For Tax Map No.: 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 the following: Variance Site Plan Subdivision For Tax Map No.: 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.) 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 REOUIRED: 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 VCAZ� the above. �3eth Pari-wese. g i ignat "e[A plicant] Print Name[Applicant] Date signed Signature[Agent] Print Name[Agent] Date signed Page 7 Beth &Tom Portuese 271 Big Bay Road Queensbury, NY 12804 Question 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? Thankfully, no. With a large property(close to 5 acres),there are no nearby properties to be affected. We have a large buffer of woods on both sides of our house separating us from neighbors—2.5 wooded acres to the south and 1 acre to the north. The area that we would like to remodel is not visible from any neighbor's property. Additionally,from the exterior,there is no visible change to the property. The existing structure would be repurposed. Question 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? Unfortunately, no. The existing structure is perfectly suited to provide a separate living space for aging parents. It is attached to the main house by passing through the garage. Building a separate, new structure on our lot would by its very nature be detached. This would subject our aging parents to the dangers of winter exposure and increased social isolation. We have considered many options before coming to you including looking outside of our property. These options are listed below and in addition to considering them sub-par options as they would be isolating Tom's Mom and not having the direct family contact and care that we believe is optimal the costs speak for themselves. Options we considered before applying for a use variance: Brookdale Independent Living, 27 Woodvale Road, Queensbury:Starting at$2,400 per month The Terrace at The Glen, 71 Longview Drive,Queensbury: Unit K(most similar):approximately$4,100 The Glen at Hiland Meadows, 39 Longview Drive, Queensbury: Unit Pinebrook(most similar): approximately$5,100. Westbrook Active Senior Community: 1260 West Mountain Road,Queensbury: From $1220 per month The Willows 55+Senior Living, 44 Willowbrook Road, Queensbury:Starting at$955 per month Harrison Terrace 55+Senior Living,47 Harrison Avenue,South Glens Falls: Starting at$1005 per month Mallard's Landing 55+Senior Living, 34 Willowbrook Road, Queensbury: Starting at$1020 per month Question 3: Whether the requested area variance is substantial? Yes,_l,is use variance request is substantial but reasonable. In our recent renovation of 271 Big Bay we not only have increased the desirability of this part of Queensbury but also increased surrounding property values. The 70's uncared for ranch is now beautifully maintained, updated inside and out and surely loved greatly. Our neighborhood can take pride in our little niche of Queensbury. Question 4:Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No. The footprint of the home remains the same. A large workshop off the back of the garage would be repurposed to a 540sgft 1-bedroom in-law apartment. The neighborhood is wooded with fairly large distance between neighbors with over 2.5 wooded acres to the south and 1 wooded acre to the north. By all discernable measures, no neighbor would be able to detect that the existing garage space had undergone any change. Our septic system is sized to handle the additional capacity of this extra space/bedroom, so we would not expect any environmental impact. Questions 5:Whether the alleged difficulty was self-created? No.We purchased the property with a dated-unstable garage. We have already improved the foundation, siding, structural elements of the garage. This has improved its neighborhood aesthetic appearance. TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY. 12804-5902 September 8,2017 Beth&Tom Portuese 271 Big Bay Road Queensbury,NY 12801 Re: Second Dwelling 271 Big Bay Road Tax Map Parcel: 316.9-1-27.1 Dear Mr. &Mrs. Portuese: I am writing you with regards to my review of the above-referenced project and to document the recent conversations between you and Laura Moore;of my office. Upon my review I find that your proposal will require an Area Variance prior to the issuance of a building permit for the project. A Variance is required as your plan offers the construction of a second dwelling unit on your property where only one such structure is allowed. Additionally, the relief will be needed from the minimum square footage requirement as the proposed additional dwelling appears to be less than the 800 sf minimum. I understand that you are preparing the necessary application materials. As such, this letter will serve as the necessary denial letter for the processing of your applications. Should you have any questions or comments regarding your application, please do not hesitate to contact this office. Sincerely, Craig Brown Zoning Administrator CB/sh LACraig Brown\2017 Letters\Denial Portuese 9_8_17.doc "Home of Natural Bea itty ... A Good Place to Live " WARRANTY DEED WITH LIEN COVENANT THIS INDENTURE made the b day of January, 2016, between ANDREW W. NICHOLS, currently residing at 271 Big Bay Road, Queensbury, New York 12804, party of the first part, and THOMAS G. PORTUESE and BETH G. PORTUESE, tenants by the entirety, currently residing at 23 Rose Lane, Queensbury, New York 12804, parties of the second part, WITNESSETH,that the party of the first part, in consideration of One Dollar($1.00) lawful money of the United States and other good and valuable consideration paid by the parties of the second part, does hereby grant and release unto the parties of the second part, their heirs and assigns forever, "ALL THAT PARCEL OF LAND located in the Town of Queensbury, County of Warren and State of New York and identified as Lot 1 on a map filed in the Warren County Clerk's Office, the details of which are as follows (hereinafter the "Map"): Title "Map of a Proposed Two Lot Subdivision made for Hilltop Construction" Dated August 14, 2006 Surveyor Van Dusen & Steves Land Surveyors 169 Haviland Road, Queensbury, New York 12804 Filed September 22, 2006; Warren County Clerk's Office Map No. Plat B 372 AND more particularly described on the Map as follows: BEGINNING at a point on the western boundary of Big.Bay Road,which point is the northeast corner of lands now of formerly of Roberts as shown on the Map and then running the following five (5) courses and distances: (1) North 38 degrees 21 minutes 30 seconds West a distance of 148.19 feet along the northern boundary of lands now or formerly of Roberts as shown on the Map to a point marked by an iron pipe found on line; then (2) North 68 degrees 29 minutes 25 seconds West a distance of 180 feet more or less to the easterly shore of the Hudson River, then (3) Northerly along said shore line as it winds and turns for a distance of 150 feet more or less to the northwest corner of the herein described Lot 1; then 1 (4) South 78 degrees 26 minutes 59-seconds East a distance of 274.72 feet to a point for a corner on the western boundary of Big Bay Road; then (5) Southerly on the western boundary of Big Bay Road along a curve having a radius of 7679.44 feet for a distance of 263.40 feet to the place of beginning. Containing 1.21 acres more or less. Excepting from the above described parcel that portion of the above mentioned Permanent Easement conveyed to the State of New York, by Jerome Fisher et al. Said permanent easement having been acquired for drainage purposes. BEING a portion of the same premises conveyed by deed from Malcolm J. Bolton and Simone A. Bolton, his wife, to Andrew W. Nichols and Carol A. Nichols, his wife, as tenants by the entirety, dated June 18, 1986 and recorded in the Warren County Clerk's Office on June 19, 1986 in Liber 682 at Page 246. Said Carol A. Nichols having died January 7, 2013, leaving Andrew W. Nicholas as sole surviving tenant by the entirety. Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above-described premises, to the centerline thereof. Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises. To have and to hold the premises herein granted unto the parties of the second part, their heirs and assigns forever. And said party of the first part covenants as follows: First, that the parties of the second part shall quietly enjoy the said premises; Second, that said party of the first part will forever warrant the title to said premises. Subject to the trust fund provisions of Section Thirteen of the Lien Law. IN WITNESS WHEREOF, the party of the t �paffias duly executed his deed. j ndrew W.WcholS 428491.1 2 E STATE OF NEW YORK ) - ) ss: COUNTY OF WARREN ) On the 'U6 day of January in the year 2016, before me, the undersigned, personally appeared ANDREW W. NICHOLS, 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. Not ry Pu is JAMES R.BURKETT Notary Public,State of New York No.02BU5018M Qualified in Saratoga County Qommission Expires OcL 12,20f 3 R e� r • , V moi. •T' �I + F � ''dN r �� cam'" '.tiL;•• - � 'i � ' '°~i, ,y• S': .r c k 4�i a� t`k i• .3 yr ti Mak' rte l 1 �= .e t 1n•' la' r. ���� •' �!� .?-y� :�:9��'1n-tom:. r .'t .r } ` 7■ NOV 't i •4f.:g`',.i �r, �. � � I I 4 s _ Z i 1 w it + i ' rli I 1• � h• .qi i 1T,S I; =r - J M 1 {.Iwa ISL: ..I�. tl, —`•�� r ME- I 1 F w s, OR ►G.,~- Ale ail 'i F Will • y; _y. I V .y 7 � t 4JF• r ,' '�' _-w"I�a fi I J. E�I I � lya�cat4 � INA%- .,�.. �L i .,f.4, - t IF I