Loading...
APPLICATIONHutchins Engineering May 13, 2022 Town of Queensbury Zoning Board of Appeals 742 Bay Road Queensbury NY 12804 Re: Steve Dempsey Home Repair Project Tax Map ID: 239.18-1-49, 3239 State Route 9L Dear Zoning Board of Appeals Members: 169 Haviland Road Queensbury, NY 12804 PLLC Phone: (518) 745-0307 Fax: (518) 745-0308 This office represents the applicant, Steve Dempsey, with respect to a proposed addition and renovations to his residence at the address referenced above. This Board approved variances for general renovations to the existing structure as well as construction of an addition on, May 26, 2021, and January 26, 2022. The septic system replacement is complete, and the approved addition is currently under construction. As part of the construction process, it has been determined that the existing garage/shop building foundation and structure are deteriorated beyond reasonable repair, and it is proposed to remove and replace the garage and small attached shop and foundation as part of the project. The building will be replaced in shape and size and on the existing footprint. The variances requested are for side and rear setbacks to property lines as it is not feasible to reconstruct the garage in a compliant manner. Enclosed please find 15 copies of submission packages, consisting of applications, survey, engineered site plans and architectural drawings. We respectfully request the project be placed on the agenda of the upcoming Zoning Board of Appeals meetings. Thank you for your assistance with the project and please contact this office if you have any questions or if you require additional information. Best Regards, G. Thomas Hutchins, P.E. Enclosures Cc: Steve Dempsey Area Variance [ZBA approved: November 15, 2019] Tax Parcel ID Number: 239.18-1-49 Zoning District: RR-5A General Information Detailed Description of Project [include current & proposed use]: Current and proposed use of property is single-family residence. It is proposed to add 111+ SF as addition to existing home and complete renovations that would include the addition of a second story to area currently single story and convert a screened in porch to a single story bathroom. Location of Project: 3239 State Route 9L Applicant Name: Steve Dempsey Mailing Address 3239 State Route 9L Home Phone City, State, Zip Lake George, NY 12845 Work Phone Cell Phone (917)208-5609 E-Mail: FAX No. Agent's Name: Hutchins Engineering PLLC Mailing Address 169 Haviland Road Home Phone City, State, Zip Queensbury, NY 12804 Work Phone 518-745-0307 Cell Phone E-mail hutchins@hutchinsengineering.com FAX No. 518-745-0308 Owner's Name same as applicant Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Page i Area Variance [ZBA approved: November 15, 2019] Site Development Data Area / Type Existing sq. ft. under construction Proposed Additions . ft. Total sq. ft. A. Building footprint House with garage 1,805 --- 1,805 B. Detached Garage C. Accessory Structure(s) Sheds 202 --- 202 D. Paved, gravel or other hard surfaced area 1,523 --- 1,523 E. Porches / Decks 415 - 415 F. Other Walkways 106 - - 106 G. Total Non -Permeable [Add A-F] 4,051 --- 4,051 H. Parcel Area [43,560 sq. ft. / acre] 45,738 +/- --- 45,738 +/- I. Percentage of Impermeable Area of Site [I=G/H] 8 8% --- 8 8% Setback Requirements Area Required Existing Under Construction Proposed Garage Replacem Front Yard [ 1 ] 100, 96' 105' Front Yard [2] Shoreline Side Yard [ 1 ] East 75' 204' 259' Side Yard [2] West 75' 2 7, 27 Rear Yard [ 1 ] 100' 24' 24' Rear Yard [2] Travel Corridor Height [maximum] 35' < 35' 12'-7" Permeability 75% 91.2% 91.2% Number of parking spaces --- ___ --- Page 2 nt Area Variance [ZBA approved: November 15, 2019] Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? No 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 / X No 4. Estimated project duration: Start Date: 2022 End Date: 2022 5. Estimated total cost of project: $75,000 6. Total area of land disturbance for project: 800 +/- 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 Intensive CM/Cl 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 s . ft. Existing Floor Area s . ft. see above definition Proposed Additional Floor Area s . ft. Proposed Total Floor Area s . ft. Total Allowable Floor Area Area x see above table Page 3 Area Variance [ZBA approved: November 15, 20191 Compliance with Zoning Ordinance Requesting relief from SECTION: 179-0-040-A Setbacks Need relief from the requirement(s) listed below which can not be met by the project as proposed. [Check all that apply] V Setback ❑ 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? The proposed project will not create an undesirable change to the neighborhood. The improvements are expected to make a positive change to the neighborhood while improving the quality of the residence. 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? To complete the project as proposed, there is not other method available than requesting an area variance as the setback in the RR-5 zone make the residence as it is non -compliant. 3. Whether the requested area variance is substantial? The requested variance for the proposed pro'ec� t may be considered substantial by the numbers, but the proposal is simply to replace the garage it has been for many years. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? The variance, if approved, will not have an adverse physical or environmental conditions of the neighborhood. 5. Whether the alleged difficulty was self-created? The difficulty is not self-created as updates to zoning have made the house non -compliant. Page 4 Area Variance [ZBA approved: November 15, 2019] 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 ALL 2 Deed DEED 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 SURVEY 5 Principal structures, accessory structures with exterior dimensions S1 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed S1 7 Setbacks for all structures and improvements: existing & proposed S1 8 Elevations and floor plans of all proposed and affected structures ARCH B. Water & Sewer Shown on Sheet # 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed S1 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on -site water sMly and septic S1 3 Separation distances for proposed sewage disposal system to well and water bodies Sl 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 S1 5 Percolation test location and results S1 C. Parkin / Permeable Areas Shown on Sheet # 1 Number of spaces required for project including calculations and justification: existing & proposed RESID. 2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material e. ., gravel,paved] RESID. 3 Provision for pedestrian and handicap access and parking: existing & proposed RESID. 4 Design details of ingress, egress, loading areas and cutting: existing & proposed RESID. 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed S1 6 Lighting, location and design of all existing and proposed outdoor lighting RESID. D. Additional Site Development and Miscellaneous Shown on Sheet # 1 On -site & adjacent watercourses, streams, rivers, lake and wetlands S1 2 Utility / energy distributions stem [gas, electric, solar, telephone]: existing & 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. S1 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & proposed RESID. 5 Si na e: Location, size, type, design and setback: existing & proposed RESID. 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items N/A 7 Commercial / Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans RESID. 8 Identification of Federal, State or County permits required for the project together with a record of application for all necessary permits Page 5 Area Variance Pre -Submission Conference Form / Section 179-9-040 1. Applicant Name: Steve Dempsey 2. Tax Map ID 239.18-1-49 Location: 3239 State Route 9L 3. Zoning Classification RR5A 4. Reason for Review' Replace garage of 419 +/_ sq ft and workshop of GO sq ft - current foundation is n a L repairable where residend al addition to be cons LrucLed 5. Zoning Section #' 179-3-040 dimension 179-5-020 garage 6. Pre -Submission Meeting Notes: Provided Outstanding; Please provide by Deed X General Information complete update project description for garage and workshop Site Development Data Complete X Setback Requirements Complete X 2 5 ft or 2 7 ft - See survey? Additional Project Information Complete current approval - AV4-2022 FAR addressed NA Compliance with Zoning Ordinance X Checklist items addressed X Environmental Form completed NA Signature Page completed signatures pplicant proposes to remove the existing 419 sq ft garage and 60 sq ft workshop additions to the existing )me during the construction of the approved additions to the home. The existing residential additions 'e currently under construction as part of AV4-2022. The additions included a connection to the garage id it was determined the foundation was deteriorated that is not repairable. The garage and workshop v to be constructed in the exact footprint. The garage height is to be 12 ft 7 inches. The project is tbject to an area variance for setbacks 2.5 existing and proposed where a 75 ft setback on the West side; ear yard setback also where 24 ft is existing and proposed where a 100 ft setback is required. (Items reviewed - area variance application, site plan, elevations, floor plans, survey. Items to be updated or provided 1)new project description 2) recheck setbacks 2.5 or 2.7? 3) add current approval AV4-2022 4) signatures. Staff Representative: L Moore via email 050920 2 Applicant / Agent: Date: _6_;/ Page 6 Area Variance [ZBA approved: November 15, 2019] 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: Steve Dempsey Designates: Hutchins Engineering PLLC as Agent regarding the following: Variance X Site Plan X Subdivision For Tax Map No.: 239.18-1 Deed Reference: Book 6082Page 76 Z Date 3/10/20 OWNER SIGNATURE: DATE: �/k� 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 red nxee to the above. h Si gr�Ewre p ignature ent] J Steve Dempsey Print Name [Applicant] G. Thomas Hutchins, P.E. Print Name [Agent] :5l13C-1Z._ Date i ned Dati sign d Page 7 WARREN COUNTY — STATE OF NEW YORK �� ',a�,,; PAMELA J. VOGEL, COUNTY CLERK 1340 STATE ROUTE 9 LAKE GEORGE, NEW YORK 12845 COUNTY CLERK'S RECORDING PAGE ***THIS PAGE IS PART OF THE DOCUMENT - DO NOT DETACH*** BOOK/PAGE: 6230 / 1 INSTRUMENT #: 2020-7782 Receipt#: 2020526969 Clerk: AD Rec Date: 11/18/2020 08:36:06 AM Doc Grp: RP Descrip: DEED Num Pgs: 4 Rec'd Frm: DATA TRACE (TASHAWNA MOORE) Partyl: FANNIE MAE Party2: DEMPSEY STEPHEN Town: QUEENSBURY Record and Return To: JULIE A GAZETOS ESQ LAW OFFICE OF JULIE A GAZETOS PC 57 CHAPMAN ST PO BOX 8 BALLSTON SPA NY 12020 Recording: Cover Page 5.00 Recording Fee 35.00 Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4.75 TP584 5.00 Notice of Transfer of Sal 10.00 RP5217 Residential/Agricu 116.00 RP5217 - County 9.00 sub Total: 200.00 Transfer Tax Transfer Tax - State 720.00 sub Total: 720.00 Total: 920.00 * * NOTICE: THIS IS NOT A BILL * * Transfer Tax Transfer Tax #: 1088 Transfer Tax Consideration: 180000.00 Transfer Tax - State 720.00 Total: 720.00 WARNING*** *** Information may be amended during the verification process, and may not be reflected on this cover page. I hereby certify that the within and foregoing was recorded in the Warren County Clerk's Office, State of New York. This sheet constitutes the Clerks endorsement required by Section 316 of the Real Property Law of the State of New York. Pamela J. Vogel Warren County Clerk f l Please Return to: McCalla Raymer Leibert Pierce, LLC. I Closing Department 10 1544 Old Alabama Road S Roswell, GA 30076 File#: NY144251637 Tax ID # 52340023918149 Purchaser: Stephen Dempsey Property: 3239 State Route 9L, Lake George, NY, 12845 BARGAIN AND SALE DEED WITH COVENANT THIS INDENTURE, made this the I7 day of A(C' , 2020, between Fannie Mae aka Federal National Mortgage Association, with a mailing address and principal place of business at P.O Box 650043, Dallas, TX 75265-0043, party of the first part, and Stephen Dempsey, with an address of 4 Dixon Court, Queensbury, NY, 12804, party of the second part. WITNESSETH, that the party of the first part, in consideration of $10.00, lawful money of the United States and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, his heirs, distributees, successors and assigns forever: ALL THAT PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN AND STATE OF NEW YORK. FURTHER BEING A PORTION OF LOT #8 OF THE FRENCH MOUNTAIN TRACT BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A FENCE POST FOR A CORNER WHICH POINT MARKS THE SOUTHERLY POINT OF A TRIANGULAR PARCEL OF LAND DESCRIBED IN A DEED FROM CLYDE W. KEAST AND KATHLEEN H. KEAST, HIS WIFE, TO ANDREW SCHAP AND JOYCE SCHAP, HIS WIFE, WHICH DEED, DATED THE 5TH DAY OF JULY, 1966 WAS RECORDED IN THE OFFICE OF THE WARREN COUNTY CLERK THE 6TH DAY OF DECEMBER, 1968 IN BOOK 502 OF DEEDS AT PAGE 424 AND RUNNING FROM SAID POINT BEGINNING NORTH 78 DEGREES 11 MINUTES WEST A DISTANCE OF 166.5 FEET TO A BLAZED FOUR INCH WHITE BIRCH TREE, THENCE CONTINUING ON SAID COURSE NORTH 78 DEGREES 11 MINUTES WEST 28.5 FEET TO A TEN INCH BLAZED MAPLE TREE, FOR AN ANGLE POINT IN THE SOUTHERLY BOUNDARY IN THE PREMISES HEREIN DESCRIBED; THENCE CONTINUING NORTH 57 DEGREES 8 MINUTES WEST 123.7 FEET TO AN IRON PIPE SET IN THE GROUND FOR A CORNER; THENCE TURNING AND RUNNING NORTH 37 DEGREES 5 MINUTES EAST 160 FEET TO AN IRON PIPE SET IN THE GROUND; THENCE CONTINUING ON SAID COURSE NORTH 37 DEGREES 5 MINUTES EAST A DISTANCE OF 36 FEET TO THE CENTER LINE OF NEW YORK STATE ROUTE 9L; THENCE TURNING AND RUNNING EASTERLY ALONG THE CENTER OF SAID HIGHWAY A DISTANCE OF 211 FEET TO A POINT IN THE CENTER OF SAID HIGHWAY; THENCE SOUTH 6 DEGREES 56 MINUTES WEST A DISTANCE OF 36.5 FEET TO AN IRON PIPE SET IN THE GROUND; THENCE CONTINUING ALONG SAID COURSE SOUTH 6 DEGREES 56 MINUTES WEST A DISTANCE OF 170 FEET TO THE POINT OR PLACE OF BEGINNING, CONTAINING 1.38 ACRES OF LAND, BE THE SAME MORE OR LESS. BEARINGS GIVEN BEING AS THE MAGNETIC NEEDLE POINTED THE 16TH DAY OF SEPTEMBER, 1972. TAX ID NO: 239.18-1-49 BEING the same premises conveyed to Fannie Mae aka Federal National Mortgage Association by deed dated February 14, 2020 and recorded on March 10, 2020 as Document #2020-1563 in the office of the Warren County Clerk. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his distributees, heirs, successors and assigns forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part has executed this instrument the 17 day of 6-(1 12020. Fannie Mae aka Federal National Mortgage Association By: McCalla Raymer Leibert Pierce, LLC Its Attorne s in Fact I' By: Stuart Gordan, Authorized Signor } Power of Attorney to be Recorded Simultaneously herewith State of County ofLJI,� On the t�' day of 2020, before me, the undersigned, personally appeared Stuart Gordan, personally known m,e 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/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual make such appearance before the undersigned in the county of Fulton in the state of Georgia. q (_ �1111111////� ����%,QER E"WET Notary ublicQ.peG&AMI % %, 0 •�� r: `=ate. •1.: Rew►-� a.�d Reh�.Yh = �2 �- 4� -- ��� �• SOC 7g 2Q21oeo°p JvXtt � ( ze es, �s� oG o.0000�� Luw o�iu, pfr,30if- fit• (aazt 5, PG ��,�h PO 50 % S F�&Ilstovl Spa, Wf