Area Variance Application Area Variance [ZBA approved: September 21 2016]
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General Information E G°
Tax Parcel ID Number: 239.16-1-7
JAN 15 2021
Zoning District: WR
TOWN OF QUEENSBURY
Detailed Description of Project [include current&proposed use]: ZONING OFFICE
Current Use: Single Family Residence
Proposed Use: Additional 169 Sq.Ft.square footage of living space being added to second floor for the purpose of adding a new den/study
Location of Project: 11 Sign Post Road
Applicant Name: Mailing Address
Michael L. Loughrey 11 Sign Post Road
Home Phone City, State,Zip
Queensbury NY 12804
Work Phone Cell Phone
E-Mail: FAX No.
Agent's Name: Mailing Address
Cullen Fuller-Rucinski Hall Arch 134 Dix Ave
Home Phone City, State,Zip
Glens Falls NY 12801
Work Phone Cell Phone
518-741-0268
E-mail FAX No.
cgfuller@nycap.rr.com 518-741-0274
Owner's Name Mailing Address
Michael L. Loughrey 82-34 212th street
Home Phone City, State,Zip
718 479 3976 Hollis Hills ny 11427
Work Phone Cell Phone
718 359 5559 718 440 0305
E-mail FAX No.
loughrey5@Icloud.com 1718 539 0941
Page 1
Area Variance[ZBAapproved: September 212016]
Site Development Data
Area/Type Existing sq.ft. Proposed Total sq.ft.
Additions .ft.
A. Building footprint
706 0 706
B. Detached Garage
0 0 0
C. Accessory Structure(s) 0 0 0
D. Paved,gravel or other hard surfaced area
4,544 p 4,544
E. Porches/Decks 81 0 81
F. Other 0 0 0
G. Total Non-Permeable [Add A-F] 5,250 0 5,250
H. Parcel Area [43,560 sq.ft./acre] 36,475 36,475
I. Percentage of Impermeable Area of Site [I=G/H] 14.4% 14.4%
Setback Requirements
Area Required Existing Proposed
Front Yard [1] 30'-0" 23l'-I" 231'-1"
Front Yard [2] NA
Shoreline 50'-0" 28'-0" 28'-0"
Side Yard [1] 20'-011" 18'-9" 18'-7"
Side Yard [2] 20'-0" 32'-7" 32'-7"
Rear Yard [1] 30'-0" NA NA
Rear Yard [2] NA
Travel Corridor NA
Height [maximum] 28'-0" 24'-3" 24'-3"
Permeability 75% 85.6% 85.6%
Number of parking spaces 2 per dwelling 2 2
Page 2
Area Variance[ZBAapproved: September21 2016]
Additional Project 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): Dock Permit 2010-512
3. Does this roject require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit
Program? Yes/✓❑No
4. Estimated project duration: Start Date: Nov 2020 End Date: May 2021
5. Estimated total cost of project: $35,000
6. Total area of land disturbance for project: 0 sF
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 36,475 sq. ft.
Existing Floor Area 1.372 sq. ft. [see above definition]
Proposed Additional Floor Area 169 sq. ft.
Proposed Total Floor Area 1,541 sq.ft.
Total Allowable Floor Area 8,025 (Area x .22 see above table]
Page 3
Area Variance [ZBA approved: September 21 2016]
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-3-040
Need relief from the requirement(s)listed below which can not be met by the project as proposed.
[Check all that apply] �etback ❑Buffer Zone❑Lot Width ❑Other
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?
No, the house is very well hidden from street and addition to be located away from the lake and not
visible
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, Residence is already a non conforming structure and addition to be built above existing exterior
walls
3. Whether the requested area variance is substantial?
Not substantial minimal amount of volume
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
No, existing runoff will not be more than existing and shed the same direction
5. Whether the alleged difficulty was self-created?
May be considered self created
Page 4
Area Variance [ZBA approved: September 21 2016]
Section 179-14-03
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 drawings)—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#
1 Title,Name,Address of applicant&person responsible for preparation of drawing All
2 Deed Yes
3 North arrow,Tax Map ID,date prepared and scale [minimum: 1 inch=40 feet All
4 Boundaries of the property plotted to scale,zoning boundary c-1
5 Principal structures,accessory structures with exterior dimensions c-1
6 Site improvements incl. outdoor storage areas, driveways,parking areas,etc.: existing& c-1
ro osed
7 Setbacks for all structures and improvements: existing&proposed c-1
8 Elevations and floor plans of all proposed and affected structures A-1
B. Water& Sewer Shown on Sheet#
1 Project sewage disposal facilities,design details, construction details,flow rates, and number of c-1
bedrooms proposed
2 Water supply[i.e.well] &septic on adjoining lots with separation distances to existing or c-1
proposed on-site water supply and septic
3 Separation distances for proposed sewage disposal system to well and water bodies c-1
4 Existing public or private water supply[well,lake,etc.]. Method of securing public or private c-1
water,location,design and construction of water supply including daily water usage
5 Percolation test location and results NA
C. Parking/Permeable Areas Shown on Sheet#
1 Number of spaces required for project including calculations and justification: existing& c-1
proposed
2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing c-1
material [e. .,gravel,paved]
3 Provision for pedestrian and handicap access andparking: existing&proposed NA
4 Design details of ingress,egress,loading areas and cutting: existing&proposed NA
5 Location and character of green areas [existing and proposed],modification to green area,buffer c-1
zone to remain undisturbed
6 Lighting,location and design of all existing and proposed outdoor lighting c-1
D. Additional Site Development and Miscellaneous Shown on Sheet#
1 On-site&adjacent watercourses,streams,rivers,lake and wetlands c-1
2 Utility/energy distribution system [gas,electric,solar,telephone]: existing&proposed c-1
3 Location,design and construction details of all existing and proposed site improvements c-1
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 NA
activities: existing&proposed
5 Signage: Location,size,type,design and setback: existing&proposed NA
6 Waiver Request: provide letter with application requesting any waivers: please reference NA
specific items
7 Commercial/Industrial Development requires submission of Landscaping, Stormwater NA
Management,Grading&Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record NA
of application for all necessary permits
Page 5
Area Variance Pre-Submission Conference Form/Section 179-9-040
1. Applicant Name: Micheal L.Loughrey
2. Tag Map ID 239.16-1-7 confirm tax map Location: 11 Sign Post Road
3. Zoning Classification wR
4. Reason for Review: Proposed 169 sq ft addition to the second floor
5. Zoning Section#• 179-3-040 dimensional,179-13-010
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Deed X
General Information complete X Need addition detail for the proposed project
Site Development Data Complete X *are all hard surfaces included
Setback Requirements Complete X clarification on setbacks and height
Additional Project Information Complete x *Dock Permit 2010-512
FAR addressed X
Compliance with Zoning Ordinance X
Checklist items addressed X •site plan-clean up dock markups,floor plan information
Environmental Form completed NA do not include
Signature Page completed x
Applicant proposes 169 sq ft of new living space on the upper level of an existing home. The project is
subject to area variance for setbacks to the north side where 20 ft is required and setback will need
clarification survey indicates existing setback is 18.77 ft site plan indicates existing is 18 ft 9 inches and
proposes is 18 ft 7 inches. Variance also for expansion of a non conforming structure. Survey is from
2010. Project is subject to site plan for new floor area in a cea, and expansion of non conforming
structure.
Items to update or provide
1)Page 1 -additional detail needed for the proposed project, also tax map id should be rechecked
2)Page 2 - site data- confirm road and drive areas part of hard surfacing sq ft.
3) Page 2 setback-confirm existing and proposed setback- site plan and survey are different,will also
need full survey-pdf was cutoff in email.
4)Page 3 additional information-previous approvals Dock Permit 2010-512
5)Page 5 -checklist- elevations and floor plans -Elevation/height will be needed- spot grades as no
topography was included
6)Page 5 site drawing- dock information needs to be cleaned up at the shoreline existing conditions
should be shown.
7) signatures needed
Staff Representative: Laura Moore via email 12/10/2020
Applicant/Agent: Date:
Page 6
Area Variance IZBA approvcd: September 21 2016)
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: 1,k[I l N A'F L Lcyc�ttV =.�
Designates: Tv[IZtr7 hl-( W`;KI I�P,,las Agent regarding the following:
Variance_ Site Plan Subdivision_
For Tax Map No.: Z301/ICI-I- Deed Reference: Book_ Page Date
OWNER SIGNATURE: DATE: II
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.
3J 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 REQUIRED: 1, 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. 1 also understand that Uwe 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 thp above.
----.�� -Y: � ' ��rc.�I}PI �• CUr; �) +�i E it � ` ��- -
5igna)u a[Apphcat)t] Print Name[Applyyant Date signed
Signature[Agent) Print Name[Agent) Date signed`
Page 7
RESOLUTION APPROVING NUCHAEL LOUGHREY'S APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCE
RESOLUTION NO.: BOH 1,2021
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Michael Loughrey(Applicant) filed an application for a variance from a provision
of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to maintain an existing
sewage disposal system that does not meet today's current requirements on his property as follows:
• Maintain the existing 1,000 gallon holding tank at his seasonal two bedroom residence instead
of installing a 3,000 gallon holding tank required of a two bedroom residence;
on property located at 11 Sign Post Road in the Town of Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
variance request on Monday,January 11t',2021, and
WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW,THEREFORE,BE IT
RESOLVED,that
1. due to the nature of the variance, the Local Board of Health determines that the
variance would not be materially detrimental to the purposes and objectives of this
Ordinance or other adjoining properties nor otherwise conflict with the purpose and
objectives of any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variance is necessary for the
reasonable use of the land and is the minimum variance which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Michael
Loughrey for a variance from the Sewage Disposal Ordinance to maintain an existing sewage disposal
system that does not meet today's current requirements on his property as follows:
• Maintain the existing 1,000 gallon holding tank at his seasonal two bedroom residence instead
of installing a 3,000 gallon holding tank required of a two bedroom residence;
on property located at 11 Sign Post Road in the Town of Queensbury and bearing Tax Map No:
239.16-1-7, contingent upon the holding tank always having an alarm for when it reaches one-half
(1/2) full and an automatic shut-off when it becomes full, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review,and
BE IT FURTHER,
RESOLVED,that this approval Resolution shall not be effective until 30 days after such notice
to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park
Agency during such period.
Duly adopted this 11"'day of January,2021,by the following vote:
AYES Mr.Freer,Mr. Ferone,Mr. McNulty,Mr. Strough,Mr. Metivier
NOES : None
ABSENT:None