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 +�
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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
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