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Application TOWN OF QUEENSBURY 742 Uay Road, Qireensbarry, NY. 72804-5902 November 9, 2018 Curtis D. Dybas, R 19 Deer Fun Lake George,NY 1 845 Re: Residential Addition and Alterations 17 Cliflf'HoI low Road Tax Map Parcel: 239.18-1-32 Dear Mr. Dybas: 1 am writing to you in response to my review of the proposed construction of a residential addition and alterations to the existing home on the parcel referenced above. I find that the project will require an Area Variance from our Zoning Board of Appeals and Site Plan Review from our Planning Board. Specifically, variance relief is required from the minimum setback requirements and the maximum allowable height limit. Site Plan Review is required for expansion of a nonconforming structure within a Critical Environmental Area, (CEA). This letter serves as the necessary denial letter in the processing of your applications. Sincerely, Craig Brown Zoning Administrator CB1sh L1Craig Srown%2418 LcucnOenial Dybas for Kel ly 10_29 I8.doe " 14o1ue of Natural leanly ... A Goon Plare to Live " 5 . Curtis D. Dybas, RA 19 Deer Run L Lake George, NY 1845 October 5,2018 Chairman Harrison Freer I OVV t Zoning Board of Appeals. . Town of Queensbury 742 Bay Road ueensbury, NY 12804 Re: Proposed Addition & Alterations to Keller Residence 17 Cliff Mallow Road Dear Chairman Freer.- The proposed scope of work involves the construction of a first floor master bedroom suite, a screened parch, four loot expansion of the kitchen/dining area, raising the living room ceiling, and extensive exterior and interior renovations to a 35 year old single family residence. The residence was constructed in 1983 and does not comply with ement zoning setbacks but relief sought is not substantial and all proposed work is within the current building setbacks and knight. The 1.3 +/- acre parcel with a 6184 total square foot structure results in a FAR of 0.1105; half the current requirement of 0.22. Domestic water is provided by a drilled well to the south of the residence. The existing waste water system will be updated to the current code with a 1250 gallon septic tank. The existing pump tank and disposal field will remain. It is the intent of the owners to commence work as soon as v"eather permits in 2019 with completion in autumn 2019. Sincerely, CU4 - 0 0 Curtis D. Dbas, 1A Area Variance Z-AV-73-2018 Curtis Dyba s for Sara Kelly 17 Cliff H0110W Road Area Variance tZBAapproaed: Sgnmibcr21 20€6] 6 t<i - �n�i`��I27fOCfxlati0T1 3 j1 Tax Parcel ID Number: ..]_ _- L Zoning District.- Detailed Description of Project [include current,&proposed usel: OCT 15 2013 Current Use: 63IJ6LE, FbIHILIrr �ZG( Ltz TOWN OF QUcTE,-ti5^uRY 7flF YrNIr, OFFICE Proposed Use: Lr_rLC_I Location of Project: 'r�+l _P L1" epplicau# Name. + -NNIb gAddres� Hornc Pbozie l j 4 city, state, Zip i Work Phone Cell Phone E-mail: TAN No, ILI Agent's Nsmc: Failing Address i Koine Fone City, state, zip Work Phone Cell Phone w E-mail V FAX No.. wrier's Name 1b1$ilingAddress /} wo Car, rt Tfo= � 1 f , state, Ztp. 4 UauiIP �, Work Phone Cell Phone -mail KQ . a. FAX No. - ILI . Pap 1 Area Variance 2-AV-73- 01 Curtis Dybas for Sara Kelly 17 Cliff Hollow Road Area Variance [ZBA,,ppwved! Scptember21 2016) S]te.Deve:Iolimgnt Datst Area{Type _. existing sq, ft. Proposed 'Y'o a1 acl,ff. Addition s . Eft. A. Building footplint D. Detached Garage C. Accessory Structure(s) D. Paved, gravel or other hard surfaced area 4721 E. porches l Decks I F. Other Q. Total Non-Permeable [Ada A-F] H. Parcel Area [43,560 sq. ft, I acre? 4eo6 4� I. Percentage of Impermeable Area of Site [ImQ/Nj 1 #A-0 <04) 1 . °a Setback Raquirements .Area Required Existing P�ot�sed I F­ F rom-Yard — - i - --- � Front Yard [21 Shoreline � t Sidi Yard Side Yard [ ] r3 ,qT t Rear Ward[I] Rear Yard [2] Travel Corridor Height [maximum] Permeability90 � Number of parking spaces Pagc 2 Area Variance [-LHA apprmcd' September21 ntti] AJ-ditional project Information I� 1. Will the proposal require a Septic Varianoa frorn the Town Board of Health? 2. if the paroel has previous approvals, list Application numbcr(s), 3. Does thi's project regt1ire coverage under the New York State Pollutant Discharge Elimination System (SPI)ES)Permit Program? _Yes ly,No 4. Estimated project duration: Start Date, e7 1 y End Date. 5. )Estimated total cast ofproject, t?� r 5. Total area of land disturbance for profact= SE Floor Ara Ratio Worksheet FLOOR AREA RATIO TAR) -- 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. 7onin '�}istriet Syrr�l}alr; � _"- -; Floor Area Ratio [FAR] Wawftnt Residential W> �. Commercial Moderate l Commercial C !C] 0.3 Intensive A. The combined area of all square footage, as rneasura from exterior wal Is 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 sloes 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 inoluded. (See "FLOOR AREA, RATIO"}. B. Commercial or industrial. the total area in squ,,re feet as measured from the exterior of the outside walls of a building or structure,and when applicable, the sum total of ail floor areas of the principal and accessory buildings or structures on the project site. Parcel Area ( s , ft. Existing Floor Area s . ft. sec above deftn]tton Proposed Additional Floor Area Proposed Total Floor Area Total Allowable Floor Area r) ' t7 Area x F ' sec above table Page 3 Area Variance [2J3AikF 5rmvcd= SCptember21 20161 Compliance with Zoning Ordinance Requesting relief from SECTION: 1 Need relief from the rcqukernent(s)listed below which can not be met by the project as proposed, [Check all that apply] JZSetback ©Buffer Zme OLot Width %Other The following questions reflect the critrria 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 vadance7 o wMt . Whaher the benefit sought by the applicant can be achieved by some moth od, feasible for the applicant to pursue, other than an area variance? ZQLjt Puua 4r--�wr, 1 ° pf 0 ! s �k Twe, co ICI F . 3. Whether the requested uea vannce is s �tiai? { r 4. Whether the proposed variance wHI have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? I rl i k. i'PL &gf-n =- 141I. �i` L11 7�' ' : 1 lick. 5. Wh er the alleged difficulty was scif-created. 1112 y - �Yllqo ++ ' f hZe4 Area Variance ce [Z5A immved; Suptcmber 21 20161 Se Eon 179-14-030—Applicaftn materials Application rnaterisls and site plan drawing is to include sufl`dent information for tha Board to rcvk-w and provide a decision. The applicant is to provide a site plan drawing(s)--a survey showing existing conditions, a proposed conditions map(sae page 00 fur specific criteria)and include any other attaehmenb that address A-D as applicable to the proposed project. A... Qeneral - Shown an Sheet 4 l Title,Nime, Address of- lieent&pmon res onsible for preparation of dra in i 4 1 t 2 Deed 3 North arrow, Tax Map,1D, date pt-epared and scale mtrurnurn: 1 inch= 40 feet U 4 Boundaries of the proe lotted to scale, zoning boundary . 5 Piinci al structures, accessory structures with exterior dimensions E Site improvements inot. outdoor storage areas, driveways,parking areas,etc„ existing j& t� ro osed I 0, J 7 Setbacks for all structures and improvements., rxistin ro osed 9 Elevations and floor plans of all pMosed and affected structures - B.' ::Waiter-& Sewer Shown ort Shaet#. 1 Project sewage disposal facilities, design details, construction details,flow rates,and number of 4 bedrooms ro osed Water supply [i.e. well] &septic on adjoining lots with separation distances to existing or proposed on-site water sTap2iyand se tic 3 Se aration distances for proposed sewage disposal s stem to well and waiter bodies 41 4 Existing public or private water supply [we]l, lake, etc.]. Method of securing public or private water, loc ation, design and construction of water si!pply including dai ly water usa e 5 percolation test location and results , :. Parldng 1 Permeable Areas Shove ori Sheet 4 1 Number of spaces required for project including calculations and justification; existing& ro osed 2 No, of existing parking spaces, number to be removed, number to maintain and type of surfacing � / material [e.g., avel,paved] ! ' 3 Provision for 2edescrian and handicap access and parking. existing proposed 4 Dcsi n details of ingress, a ress loading areas and cutting- existing& osed 5 Location and character of green areas (existing and proposed], modification to green area,buffer } zone to remain undisturbed 6 Li tin location and design of all existing and proposed outdoor li htio I 1]. Additioriai Site DeWQLmeht- d isccilaneaus --- Shown on Sheet#; 1 On-site&adjacent watercourses, streatm,rivers, lake and wetlands ,Lrl -Utility I energy distributions stem as, electric, solar, telc hone : existing&proposed , 3 Location, design and construction details of all existing and proposed site improvements � ineludin : drains cult' retainin walls ces fen ge& amer enc zones and hydrants, etc. 61 4 Square,footage of bIdg. area proposed for office,manufacturing, retail sales or other cornmercial activities; existing & rO osed 5 Si e; Location size, type, design and setback{ existing&priopotied b Waiver Request: provide letter with application requesting any waivers- please reference � specific items 7 Commercial 1 Industrial Development requires submission of Landscaping, Storm water Management, Grading&LiEhting Plans Identification of Federal, State or County permits required for the project together wi tb a record of application for aII necessary permits t 1 Page 5 Town of ueensbury Site Plan Pr ubwi sion Conference Form section 17 - -0 0 1. Appl"pit N,9me: C� . Tax leap-111) r Location:' 3. Zoning Classification Wtz 4. Treason fair Review; ' LLt u s, ,Zoning ec On#: I - 1 1 r � 4- G.4-VeIIIis. 40 { cicr 1 , 6. Pre'Su rn pon 1ViCceting lYo#cs: Pravided Ontatan Ong; Please pt'ovxde b , II Deed � r�CJ� luenem,Information comple#e k Site Development Data Compl e Setbwk Requiretumts Complete Additional Pmje-#Information Complete � ,,� .� �► PAR address4W {'C. - *1 uhments for Site flan-Standards Checkfig items addressed. EnvirOnmental Form completed igu ure Page completed �4 �C ( c.{' - fiC ( ge l' t � l -1 C ----------------- ++ r coo ra-t uj-e t P y i CZ Staff Representative: Cc CC- f Applicant lAgent- c�� Date: Site Plan Review application—Revisal October 2016 Town of ueensbury Plannin&Ofr[GO-742,]3ay,l,oad, nesem ,ICY 12904 Area Variance [ZBAapprovd: Supicmher2120161 This page includes tJtc 1.) Authorization to Art as Agent Form; 2.) En&ecring 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 OWNER of the property is not the same as the applicant: Owner; L j Designates: _ as Agent regarding the following; Variance Site Plan Subdivision For Tax Map No,, .�` — T.� heed Reference, Book Page Bate OWNER SIGNATURE: '' DATE: ? j APPUCA1"['5 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 fallowing: Variance Site Plan Subdivisirm For Tax MAp o.. deed Reference. Book_. Page Darr: OWNER SIGNATU1 E: DATE: r ENGENEKRJNG F'EE DISCLOSURE. Applications may be referrad to the Town consulting engineer for review of septic design, sto nn drainap, etc. as determined by the Zoning or Planning Department, Fees for engineering review services will be charged directly to the applicant_ Fees for engineuiag review wiR not exceed S 1,001)without notifwation to the applicant, AUTHIORIZAT>C N FOR SITE ISTTS: By signing this gage and submitting the application materials attached herein, the Owner,Applicant, sand hisiherltheir agents) h=by authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the pwp-ose of reviewing the application submitted. 4.1 OTHER PERMIT RESPONSIBLLITIE 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 respon6bi lity to obtain any additional permits, D1!FICL%-L MEETING MINMS D); CLOSURE; It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of mwtings resulting from application,and minutes transcribed from those tapes coustitutes the*facial record of all proceedings. GR)?EI4I NT E0, tROV11DE DOCUMENTA_T M ICE UIRED: I, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requiremanti, I acknowledge no "nstructiou activities shall be commenced prior to issuance of a valid penult, i certify that the application, plans and supporting materials are a true and camp]ete statcment/descriptiau of the existing conditions and the work proposed, and that all work will be performed in accordance with tha approved plans and in conformance with Iocal 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 Ilwe may be required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of certificate of occupancy f haire read and auce 434c above, C -J'Q cugf� /900 SignEmire[Applicant) Print lame[Applicant] pate signed Signature[Agent] Print blame[Agent] _ Date signed Pagel TRUSTEE'S DEED WITH LIEN COVENANT DATE OF DEED: May? . 2.018 RANTQR. KATHLEEN A.M. DOET ER, Trustee KATHLEEN ANNE MAID DDETZER REVOCABLE T—RUST DATED AUGUST 6, 2009 17 Cliff Hollow Road Lake George,New York 12845 GRANTEE: SARA N. BELLY 30 Oakwood Drive Queensbury,IVY* 12804 WITNESSETH, that the Grantor,by virtue of the power and authority given to diem under ARTICLE FIFTH of the KATHLEEN ANNE MARM DOET ER REVOCABLE TRUST DATED AUGU8 T 6. 2009 and/or by Article 11, Section 1 I-1.1 of the Estates, powers and Trusts La,x or any amendment thereof from time to time made, and in consideration of the slum of OIv'-E M1LLONT EIGHT HUNDRED TH OUSAND DOLLARS (S 1.800,00 0.00), lawful money of the United States, and other good and valuable consideration paid by the Grantee, DOES HEIR Y GRANT AND RELEASE UNTO GRANTEE and his assigns forever all that property located at: 17 Cliff Hollow load Town of Queensbury County of Warren State of New York Tax Map dumber: 239.18-1-3 -(THF,PROPERTY-IS DES RIBM-MORE FULIfY—1 ' SCHEDULE LAl' ATTACHED).---- — - - THIS GRANT IS MADE- TOGETHER with the appurtenances and all the estate and rights which the Grantor had yr has poker to convey or dispose of, whether individually, or by virtue of said artist, or statute, or otherwise. TO HAVE AND TO HOLD the premises granted by this Deed unto the Grantee and his assigns forever. AND THE GRANTOR COVENANTS as follows; FIRST: That grantee shail QUIETLY ENJOY said premises; SECOND: That Grantor has not dale oir suffered anything whereby the said premises have been encumbered in auiy waywhatever; - THIRD. That this conveyance is made subject to the trust fund provisions of section thirteen of the lien law. If there are more that one Grantor or Grantee. the words "Grantor" and "Grantee" used its this deed includes therm. IN WITNESS OF THIS CONVIEYANCF4 Grantor leas executed this In,strurneat on the deed stated above. KA1THLEEN ANNE MA€tIE DOETZEIR REVOCABLE LIVING TRUST DATED AUGUST 6, 2009 KATH LEE N AN NE MARIE DOETZER BY AMIE MARIE S 0 HE ATTQRNEY-IN-FAT ��- Ac1owledgiment STATE OF NEW YORK } COUNTY OF WARREN } On the 2 9"' day of May in the year 2018 before me, the undersigned, personally appeared A IIE MAI IE SAB0 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 she executed the sate its her capacity, and that by ber signature on the instrument, the individual, or the person up at) behalf of which the individual acted, executed the instrument. (signature and office of individual taking acknowledgment) WAiIK C.REh!; NOTARY PUBLIC,STATE Or NEW YOIfiK Record Return: WAR COUNTY NO.02RE -KW COWSSION EXPIRES NOV.13.20 r C H DUD "A" ALL 7'FiAT CERTAIN PA-Rc 'L op L,4ND, situate in the Town of Queensbiar , Warren County, New York, located on the southerly shore of Lake George, and on the northerly side of New York Mate Route 9L, in said town, and which parcel is bounded and described as folio,,": BEGINNING at a paint in the northerly bounds of New York. State Route 9L and at the southwesterly corner of Lot I#12. as shown on a map of the subdivision of lands of Behrens. Durante & i i `e, dated May 5, 1969, and filed in the Warren Cotmry Clerk's Office eptember 26, 1969, which said map was made by Coulter& McCormack, Licensed Land Surveyors, Glens Falls,New York; nm ing thence from the place of beginning; North 58 degrees 27 minutes West, along the northerly bounds of New Mork State Route}L,for adistance of 71.80 feet;thence Forth 31 degLq .05.tnir5utes 10-seconds East,.for a-distance of 4 7,77 feet-to-the-shore-of Lake George; thence in an easterly direction, along said shore line as it winds and torus, for a distance of 175 feet, more or kss, to the northwesterly corner of Lot 41, as shown on the aforemenfloned wrap; thence South 38 degrees 20 minutes West, and along the westerly line of Lot #1, for a distance af 12 feet, more of less, to a point which is situate at a distance of 16127 feet on a course of South 8 6 degrees 24 minutes 10 seconds East frorn the previously mentioned point on said shoreline at the northerly end of the second course in this description; thence cant ruing South 38 degrees 20 minutes West, ana along the westerly line of Uns 1, 5, 10, and 12, as shown on said reap, for a distance of 5 78.3 0 feet to the place of beginning, and containing 1.32 acres. The bearings and distanc'es given in the above description are taken from a map entitled "Map of a Portion of Lands of Malcolm Mitchell," dated ,April 14, 1979, made by Coulter & Mc oimack, Licensed Land Surveyors, Glens Falls,New York; said map was filed in the Warren County Clerk's Office an September 25, 1978. This conveyance is subject to the following covenants and restrictions: 1. o part of the above described premi ses shall be used for anything but residential purposes. 2. Not more than one reside a with awdllary outbuildings for the accommodation of'a # ttil ; its sip�ayees anci-iio ayi g oes#s`sh`all-lie erecte or zxia�iitai ed oni 1lie i�ho-1e_of i#�f e � Y above described premises. 3. Neither of the above de scribed prerises or any part thereof shal l ever be used for.industrial or commercial purposes -nor shall there ever be built or maintained thereon in the water of Lake George adjacent thereto any boathouse of over one story in height. 4. No temporary structure, trailer,teat, shack, garage, barn or outbuilding shall be at any time be used as a residence temporarily or permanently upon the premises. 5, No septic talks or sewage disposal systems will be maintained on said premises other than in accordance with the laws and regulations of the State of Flood York or in such a Manner as to pollute the waters of Lake George. 6. No animals shall be kept or raised on the premises except for household pets. 7. Upon the sale of al or any portion of the above desaHbed premises by the party ar parties of the second part or any subsequent owners thereof, Malcolm T. Mitchell shall have for a period of test (10) daYs a#i�x receipt of written notice of the terns and conditions of any proposed sale (which notice shall contain the name and address of the proposed purchaser), the right to purchase said premises and any part thereof upon the same terms and conditions as those proposed, and said party or parties of the second part and any subsequent owner shall not sell any part or all of said premises until expiration of said ten (10) days or the earber rejection in writing by Malcolm Mitchell of the option hereby granted. The burden of the above covenants and agreements shalI be deemed to run with the land and the benefit of the covenants and restrictions numbered l to 6 inclusive, is for the ren abling lands of Malcolm T. Mitchell. The option granted in paragraph 7 above is personal to Malcolm T. Mft i61,'t"fnoftfiHff`era6le 6r assigna�a` fi_,and tie ber�a f or hia shall not run with the hand. A sale of the premises hereby conveyed within the terms of paragraph 7,but as to which Malcolm T. Mitchell skull either fail to exercise or shall reject such option, shall not extinguish the obligation imposed by paragraph 7 in the event of any resale within the terms of such paragraph. object to Adirondack Park Agency Permit#P78-688, dated August 2 8, 1978 and recorded in the Warren County Clerk's Office on September 25, 1978 in Book 2 of AAA Permits at Page 31, Together with all right,title and interest of tht party of the first part in and to those preiises lying between the northerly boundary of the premises conveyed hereunder and the waters of Lake George. The aforementioned Malcolm T Mitchel died on Augusl -1 , 1985 a r•esidenz of Warren County New York thereby term inating the aforemenr oned right offirst refusal.