APPLICATIONStructural
Civil
Municipal
DANIEL W. RYAN P.E.
Licensed Professional Engineer
P.O. Box 596 • Glens Falls, NY • 12801 • (518) 792-9264
www.dwrpe.com
Town of Queensbury December 15, 2021
742 Bay Road
Queensbury, NY 12804
Attn: Laura Moore, Town Planner
RE: Patrick M. Connors – 95 Rockhurst Road
Existing Non-Conforming Deck Repair/Reconstruction Project
DWRPE represents the above Applicant regarding required project-related Town approvals. More specifically, the
Applicant is planning to perform repairs to an existing boathouse and an attached deck structure at the rear and side of
the existing dwelling. In accordance with Zoning Section 179-13-010 (F) reconstruction of an existing non-conforming
structure requires an area variance. Since the project includes removal of the existing attached deck structure in its
entirety, this work has been classified as reconstruction or replacement rather than a repair. The intent of the project is
simply to remove deteriorated elements of the deck and boathouse, then to replace those deteriorated components in-
kind to match the existing conditions and configuration. The boathouse will receive a replacement roof, upper deck, new
railings/guards, and new access stairs. The rear attached elevated deck will be removed entirely and replaced with new
posts, structural framing, decking, railings/guards, and access stairs. No modifications are proposed for either structure
as the intent is to maintain the existing structures with replacement components as deemed necessary. In addition, due
to significant settlement of existing deck components resulting from inadequate foundations and/or piers, several deck
column foundation elements (sonotube piers) will be replaced.
Because no site changes or deck or boathouse alterations, expansion, or reconfiguration are proposed, waivers are
requested regarding the following application submission requirements since the project is residential in nature and
considered in-kind replacement or repairs;
Existing Site Plan with Water/Sewer/Utility Information
Lighting Specifications
Grading Plan & Boundary or Topographic Survey (existing boundary survey is included without
topography)
Landscaping Specifications
Architectural Floor Plans and Elevations
Drainage and/or Stormwater Management
Due to the nature of the application in that it is residential and falls within the definition of a Type II SEQRA Action
(617.5(c)(1), 617.5(c)(2), & 617.5(c)(17)), from the perspective of SEQRA the project is believed to be exempt from
review relative to the potential for resulting adverse impacts.
Enclosed please find the following documents in support of the project and area variance application;
1.Area Variance Application
2.Owner/Applicant Authorizations
3.Deed
4.Existing Boundary Survey & Sewage Utility Plan
5.Property Photos
6.Existing Deck Measurement Schematic
7.Deck/Boathouse Repair and Reconstruction Drawings
8.Denial Letter from Zoning Administrator
P.O. Box 596 • Glens Falls, NY • 12801 • (518) 792-9264
www.dwrpe.com
We request that the Application, if deemed complete, be placed upon the upcoming Zoning Board agendas for the
January 2022 meeting dates if possible. Upon your initial review of the documentation, please contact me at your earliest
convenience if you have any questions or require additional information.
Sincerely,
Daniel W. Ryan, P.E.
Area Variance [ZBA approved: 1RYHPEHU]
Town of Queensbury Area Variance Application
REVIEW PROCESS:
1) Required Pre-Submission meeting with staff to determine general completeness of application materials to be held no later
than 1 week prior to deadline day. Call (518) 761-8238 or (518) 761-8265 for an appointment.
2) Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for
consideration for placement on an agenda.
3) Incomplete applications will not be considered for placement on any agenda until all missing information has been supplied.
4) Submittal to the Warren County Planning Board, if applicable.
5) Zoning Board meetings, generally the third and fourth Wednesday of each month. You will be advised in writing as to which
meeting to attend.
6)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 plans / drawings must be provided for the
next phase of review. If your application was denied your project cannot proceed as submitted.
DOCUMENTS TO BE SUBMITTED:(HARD COPY &ELECTRONIC)
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
Survey:
Current Survey: survey map depicting current conditions – sign, stamped, date by surveyor
Proposed Conditions Map: The proposed conditions map must be based on a current survey and may by prepared
by Surveyor, Professional Engineer (Civil) or a Registered Architect.
Area / Sign Applications:must provide a final as-built survey depicting all site conditions and
improvements
Survey Waiver: Applicant may request a waiver from the survey pre and post requirements.
Copy of Deed
Fee: $50 residential; $100 commercial
ZONING STAFF &CONTACT INFORMATION:
Craig Brown, Zoning Administrator
Laura Moore, Land Use Planner
.DUHQ'Z\UH, Office Specialist
craigb@queensbury.net
lmoore@queensbury.net
NDUHQG@queensbury.net (518) 761-8238
Visit our website at www.queensbury.net for further information and forms.
Page 00
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Area Variance [ZBA approved: 1RYHPEHU]
General Information
Tax Parcel ID Number: ____________________
Zoning District: ____________________
Detailed Description of Project [include current & proposed use]:
Location of Project: _______________________________________________________________
Applicant Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-Mail: FAX No.
Agent’s Name:Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Owner’s Name Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Page 1
227.9-1-1
WR
REMOVE EXISTING ATTACHED REAR AND SIDE DECK AND RECONSTRUCTION IN-KIND DUE TO
DETERIORATION (REPLACEMENT FRAMING, DECKING, COLUMNS, PIERS, HANDRAILS, AND STAIRS), AND
REPAIR EXISTING BOATHOUSE STRUCTURE TO REPLACE DETERIORATED COMPONENTS (ROOFING,
HANDRAILS, & STAIRS)
95 ROCKHURST ROAD
PATRICK M. CONNORS 16 ROLLING BROOK DR
SARATOGA SPRINGS, NY 12866
518-424-9730
cubberdubber@gmail.com
DANIEL W. RYAN P.E. PO BOX 596
GLENS FALLS, NY 12801
518-742-9569
dryan@dwrpe.com
SAME AS APPLICANT
Area Variance [ZBA approved: 1RYHPEHU]
Site Development Data
Area / Type Existing sq. ft. Proposed
Addition sq. ft.
Total sq. ft.
A.Building footprint
B. Detached Garage
C. Accessory Structure(s)
D.Paved, gravel or other hard surfaced area
E. Porches / Decks
F. Other
G.Total Non-Permeable [Add A-F]
H.Parcel Area [43,560 sq. ft. / acre]
I.Percentage of Impermeable Area of Site [I=G/H]
Setback Requirements
Area Required Existing Proposed
Front Yard [1]
Front Yard [2]
Shoreline
Side Yard [1]
Side Yard [2]
Rear Yard [1]
Rear Yard [2]
Travel Corridor
Height [maximum]
Permeability
Number of parking spaces
Page 2
1890 0 1890
000
000
759 0 759
644 0 644
000
3293 0 3293
11085 0 11085
30%0 30%
30 24 24
50 40.9 40.9
20 8.1 8.1
20 25.0 25.0
35 25 25
75 70 70
1.5 2 2
Area Variance [ZBA approved: 1RYHPEHU]
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): _________________________
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit
Program? __ Yes / __ No
4. Estimated project duration: Start Date: __________ End Date: __________
5. 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.
Zoning District Symbol Floor Area Ratio [FAR]
Waterfront Residential WR 0.22
Commercial Moderate / Commercial
Intensive
CM / 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 ___________________________ sq. ft.
Existing Floor Area ___________________________ sq. ft. [see above definition]
Proposed Additional Floor Area ___________________________ sq. ft.
Proposed Total Floor Area ___________________________ sq. ft.
Total Allowable Floor Area ___________________________ (Area x _____) [see above table]
Page 3
11085
3166
0
3166
2439 .22
NO
BOH24-2011
2/22 5/22
TBD
N/A
X
Area Variance [ZBA approved: 1RYHPEHU]
Compliance with Zoning Ordinance
Requesting relief from SECTION: ________________________________
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply]
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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
NO ADVERSE IMPACTS WILL RESULT FROM THE PROPOSED ACTION AS THE PROPOSED CONDITION
WILL BE THE SAME AS THE EXISTING CONDITION CONSIDERING REPAIRS AND RECONSTRUCTION OF
THE DECK AND BOATHOUSE WILL BE IN-KIND WITH ONLY MINOR AESTHETIC DIFFERENCES
179-13-010 (RECONSTRUCTION)
NO UNDESIRABLE CHANGE WILL RESULT FROM THE PROPOSED ACTION AS THE PROPOSED CONDITION
WILL BE THE SAME AS THE EXISTING CONDITION CONSIDERING REPAIRS AND RECONSTRUCTION OF
THE DECK AND BOATHOUSE WILL BE IN-KIND WITH ONLY MINOR AESTHETIC DIFFERENCES
THERE IS NO OTHER METHOD FOR MAINTAINING AND REPAIRING THE EXISTING DECK STRUCTURE
WITHOUT REMOVAL OF THE DETERIORATED FRAMING AND REPLACEMENT OF THE STRUCTURE
CONSIDERING THE WOOD STRUCTURE HAS LONG EXCEEDED ITS SERVICEABLE LIFESPAN
THE VARIANCE REQUESTED SHOULD NOT BE CONSIDERED SUBSTANITAL SINCE NO EXPANSION OR
MODIFICATION OF THE EXISTING STRUCTURES ARE PROPOSED. ZONING REQUIRES A VARIANCE FOR AN
EXISTING NON-CONFORMING STRUCTURE TO BE RECONSTRUCTED EVEN IF DUE TO DETERIORATION
THE DIFFICULTY IS NOT SELF CREATED AS THE WOOD DECK AND BOATHOUSE STRUCTRES REQUIRE
REPAIRS AND VARIOUS COMPONENTS TO BE REPLACED DUE TO DETERIORATION OVER TIME. WHILE
THE DECK FRAMING CANNOT BE REMOVED AND REPLACED WITHOUT TOTAL RECONSTRUCTION
✔EXISTING NONCONFORMING
Area Variance [ZBA approved: 1RYHPEHU@
Section 179-14-030
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 #
1 Title, Name, Address of applicant & person responsible for preparation of drawing
2 Deed
3 North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ]
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 &
proposed
7 Setbacks for all structures and improvements: existing & proposed
8 Elevations and floor plans of all proposed and affected structures
B.Water & Sewer Shown on Sheet #
1 Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
proposed on-site water supply and septic
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.Parking / Permeable Areas Shown on Sheet #
1 Number of spaces required for project including calculations and justification: existing &
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: existing & 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
2 Utility / energy distribution system [gas, electric, solar, telephone]: existing & proposed
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
Management, Grading & Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
Page 5
DWG1
APP
SURVEY
SURVEY
SURVEY
EX SITE PLAN
SURVEY
WAIVER/PHOTOS
N/A
EXISTING
N/A
EXISTING
N/A
DWG1
N/A
N/A
N/A
SURVEY
WAIVER
SURVEY
N/A
N/A
N/A
N/A
COVER PAGE
N/A
N/A
Area Variance Pre-Submission Conference Form / Section 179-9-040
1. Applicant Name: __________________________________________________
2. Tax Map ID ________________Location:_______________________
3. Zoning Classification __________
4. Reason for Review: __________________________________________________________
5. Zoning Section #: ________________________
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 ____ _____________
FAR addressed ____ _____________
Compliance with Zoning Ordinance ____ _____________
Checklist items addressed ____ _____________
Environmental Form completed ____ _____________
Signature Page completed ____ _____________
Staff Representative: ________________________________
Applicant / Agent: ________________________________ Date: ___________
Page 6
Patrick M. Connors
227.9-1-1 95 Rockhurst Road
WR
Removal of a deck of 720 sq ft to replace with 672 sq ft
179-3-040 dimensional, 179-13-010 non conforming, and 179-4-080 deck
x
x
x
X
X
X
X
NA
X
removal of deck to be shown as a negative
Laura Moore via email 12/10/2021
Applicant proposes to remove an existing deck of 720 sqft (per RPS) to construct a 672 sq ft deck in the
same location. The deck is attached to the existing house and has a patio area underneath. The steps from
the deck to the lower patio area are to be in the same place. There is additional work on the boat house
structure. The project is subject to an Area Variance for setbacks. The proposed new deck is to be 40.94
ft from the shoreline and 8.39 ft (per survey) from the North side where a 50 ft setback is required to the
shoreline and a 20 ft setback to the north side property line.
Reviewed application with attachments survey, photos, septic information, aerial photo.
Items to be updated or provided
1) confirm square footage and setbacks
2) survey waiver letter to utilize a survey from 2007 and a different owner
12/15/21
(DECK AREA CONFIRMED = 644 +/- SF)
(SEE COVER LETTER)
Area Variance [ZBA approved: 1RYHPEHU]
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 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. 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
I have read and agree to the above.
______________________________ _____________________________ _______________
Signature [Applicant] Print Name [Applicant] Date signed
______________________________ _____________________________ _______________
Signature [Agent] Print Name [Agent] Date signed
Page 7
3DWULFN0&RQQRUV _______________
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_____________________________________________________________
ture [Agenttttttttttttttt]]]]]]]]]]]]]]]]]]]
DANIEL W. RYAN P.E.12/6/21
Patrick M. Connors
Daniel W. Ryan P.E.
227.9-1-1 22
X
EXISTING DECK AREA:
638 SF ELEVATED DECK
- 7 SF TREE OPENING
+ 13 SF STAIR LANDING
644 SF TOTAL DECK AREA