ApplicationENVIRONMENTAL DESIGN
eco PARTNERSHIP, LLP. 900 Route 146 Clifton Park, NY 12065
(P) 518,371.7621 (F) 518.371.9540 edplip.com
June 15, 2022
Ms. Laura Moore
Land Use Planner
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
Regarding: West Residence
Main House
108 Bay Parkway
Area Variance Application
Dear Laura:
Enclosed herewith
are the following
items related to a proposed
Residential Building located at
108 Bay Parkway:
1.) Two (2) Copies of Site Plans (Full Size)
2.) Thirteen (13) Copies of Site Plans (11x17)
3.) Fifteen (15) Copies of Architectural Renderings/Floor Plans (11x17)
4.) Fifteen (15) Copies of Boundary Survey
5.) Fifteen (15) copies of the Area Variance Application
6.) Fifteen (15) copies of the Area Variance Narrative Letter
i.) Fifteen (15) Copies of Property Deed
8.) Fifteen (15) Copies of Site Photos
9.) One Application Fee Check in the amount of $50,00
On behalf of Brett and Pamela West, we respectfully request that you place this application on the
July 2022 Zoning Board of Appeals agenda for an Area Variance Request. If additional
information is required, please contact our office at your convenience and we await your response
regarding the agenda schedule. Thank you.
Very truly yours,
r:
Gavin Vuillaume, RLA
Partner
Area Variance [ZnA approved: September 212016]
General Information
226.15-1-17
Tax Parcel ID Number:
WR Waterfront Residential
Zoning District:
Detailed Description of Project [include current & proposed usej:
Current Use: One 2 story seasonal house with detached garage.
Proposed Use:
One
2 story residential home
with attached
garage, oorte cochere, walkway, new driveway and patios.
Site
work includes or000sed
holding tanks,
stormwater manaaement and shoreline olantina.
Location of Project: _106 Bay Parkway
Applicant Name:
Brett and Pamela West
Mailing Address
4651 Gulf Shore Blvd N, Unit 104
Horne Phone
203-948-5847
City, State, Zip
Naples FL 34103
Work Phone
Cell Phone
E-Mail:
brett@westfamilymail.com
FAX No.
Agent's Name:
Environmental Design Partnership
Mailing Address
900 Rte 146
Home Phone
Gavin Vuillaume
City, State, Zip
Clifton Park NY 12065
Work Phone
518-371-7793
Cell Phone
E-mail
gvuillaume@depllp.com
FAX No.
518-371-6540
Owner's Name
Same as Applicant
Mailing Address
Home Phone
City, State, Zip
Work Phone
Cell Phone
E-mail
FAX No.
Page 1
A]'ea Variance [Z13A approved: September 21 20161
Site Development Data
Area / Type
Existing sq. ft.
Proposed
Total sq. ft.
Additions . ft.
A.
Building footprint
2,450 (removed)
5,436+/-
53436+/-
B.
Detached Garage
800 (removed)
0
0
C.
Accessory Structure(s)
400 (removed)
0
0
D.
Paved, gravel or other hard surfaced area
3,700 (removed)
29000
21000
E.
Porches / Decks / Patios
630 (removed)
900
900
F.
Other Covered Walkway
0
400
400
G.
Total Non -Permeable [Add
A-F]
7,980 (removed)
8,736
81736
H.
Parcel Area [43,560 sq. ft. /
acre]
39,487 sf/.91 ac.
0.0
39,487 sf/.91 ac.
1.
Percentage of Impermeable Area of Site
[]=G/H]
20.2%(removed)
22.1%
22.1%
Setback Requirements
Area
Required
Existing
Proposed
Front Yard [ 1 ]
30'
53.6'
36.0'
Front Yard [2]
N/A
N/A
N/A
Shoreline
50,
19.6'
46' and 35' (Lake)
10' (Wetland)
Side Yard [1]
20'
26.4'
0'
Side Yard [2]
20'
63.2'
20.0'
Rear Yard [1]
30'
N/A
N/A
Side Yard (walkway)
20'
N/A
0'
Travel Corridor
N/A
N/A
N/A
Height [maximum]
28'
22• +/_
28.0'
Permeability
75 %
79.8 %
77.9%
Number of parking spaces
2
4
4
Page 2
Area Variance [ZDA approved: September 212016]
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? YES - Resolution BOH25-2021
2. If the parcel has previous approvals, list application number(s): AV47-2007 SP39-2007 dock exp SP37-2009 boat lift
V21$2016 9% 016��ver�lrned Sy l�P P89-2016addition
3. Does this project require coverage under the New York State Pol utant tschar a nnm ton ystem P ) corn
Program? � Yes / _ No
4. Estimated project duration: Start Date: 9/l/2022
5. Estimated total cost of project: $1.3 million
6. Total area of land disturbance for project: .54 acres
End Date: 9/l/2023
Floor Area Ratio Worksheet
FLOOR AREA
RATIO (FAR) --
The relationship of building size
to lot size, derived by dividing
the total Uuilding 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 al] square footage, as measure from exterior walls of all shuctures 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
39,487 sf
s . ft,
Existing Floor Area
3,500
sf (removed)
s . ft. see above definition
Proposed Additional Floor Area
8,670
sf (see site plan)
s , ft.
Proposed Total Floor Area
B,670
sf (see site plan)
s . ft.
Total Allowable Floor Area
8,687
sf
Area x .22 see above table
Page 3
Al'ea Valiance [ZnAapproved: September2l 2016]
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-7-050 and Table I Area Requirements
Need relief from the requirements) listed below which can not be met by the project as proposed.
[Check all that apply) [� Setback ❑Buffer Zone ❑Lot Width ❑Other
Wetlands
The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if
needed.
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 project involves the redevelopment of a property which will enhance the neighborhood through updated
landscaping and architecture as well as necessary stormwater management.
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 - The site is constrained by the slope, parcel size, extensive lake frontage and small wetland area along the easterly
property Iine.Without holding tanks the site development --would more variance relief.
3. Whether• the requested area variance is substantial?
NO - The project has been designed to minimize necessary variances. The building and stonnwater device setbacks to the
existing wetland area are less than the setbacks to the actual lake shoreline, thereby providing more protection to open
water o y of Lake Ueorge,
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
NO - A non -compliant septic system will be replaced by sanitary holding tanks. Compliant stornwater management will be
added on the site and the existing wetland area will not be disturbed.
5. Whether the alleged difficulty was self-created?
NO - The variances are necessary due to the irregular shape of the parcel and the constraints of the lake and wetlands that
area surrounding the house site.
Area Variance [zDA approved: September 212016]
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 #
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
Princi al structures, accessoKy structures with exterior dimensions
6
Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing &
proposed
4
7
Setbacks for all structures and improvements: existing & proposed
8
Elevations and floor plans of all proposed and affected structures
Attanhorl
B.
Water & Sewer
Shown on Sheet #
1
Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
5
2
Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
proposed on -site water qiinnlv mid septic
5
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
5
Percolation test location and results
C.
Parkin / Permeable Areas
Shown on Sheet #
I
Number of spaces required for project including calculations and justification: existing &
proposed
4
2
No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material e.., gravel,paved]
4
3
Provision for pedestrian and handicap access andparking: existing & proposed
4
Desi n 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
4
6
Lighting, location and design of all existing and proposed outdoor lighting
D.
Additional Site Development and Miscellaneous
Shown on Sheet #
I
On -site & adjacent
watercourses, streams, rivers, lake and wetlands
2
Utili / energy distributions stem
as, electric, solar, telephone]: existing & roposed
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
4
Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial
activities: existin & proposed
4
5
Si a e: Location, size, type, design and setback: existing & proposed
N/A
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
41516
8
identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
None
Page 5
Area Variance Pre -Submission Conference Form / Section 179-9-040
1. Applicant Name: Brea and Pamela west
2. Tax Map ID
226.15-1-07 Iocation: tO66ay Parkway
30 Zoning Classification wa
4. Reason for Review: construction of new home and attached garage and associated site work
5. Zoning Section #: t79-s-oao wa, cnwPmr�a wesuaads, cn�Pter ta7 smm,watcr
6. Pre -Submission Meeting Notes: Provided Outstanding; Please provide by
Deed X
General Information complete X
Site Development Data Complete X
Setback Requirements Complete X
Additional Project Information Complete X
FAR addressed X
Compliance with Zoning Ordinance X
Checklist items addressed X
Environmental Form completed NA
Signature Page completed x
plicant proposes to demo existing home plus shed and construct a new 2 story home with a 5,436 sq. f
tprint with a garage. Also, included is installation of permeable pavers for patio and driveway areas, a
Bred walkway between the two properties. The new floor area will be 8,670 sq. ft. where the maximal
rwed is 9,687 sq ft. The project includes site work for new landscaping shoreline and residential
rse, septic, stormwater management. Project includes a lot line adjustment but no change to lot size.
rriance granted 3/23/2022--The new home is to be located 46 ft. to the east shoreline, 35 ft. to the west
reline where 50 ft. is required. The covered walkway is to be 0 ft. from the west side setback where a
1. setback is required. The project proposes two garages where only one is allowed — the
te-cochere is considered a garage due to width of open sides allowing vehicles. Relief is also
uested for setbacks for stormwater device Note: Permeability 77.9% is proposed where 75% is
wired- no permeability relief is requested. The floor area proposed is 8,670 sq ft where 8,687 sq ft is
maximum size allowed — no floor area relief is requested. )
ision to Site Plan to include Freshwater wetlands work within 100 ft of a designated wetland. Area
lance -applicant requests relief for the following wetland setback for a portion of the building to be
tled 10 ft from the wetland where 50 ft setback is required. Also relief is requested for the four
itration devices where a 100 ft setback is required proposed for 2A is 74 ft, 2B is 52 ft, 2C is 57 ft and
is 69 ft. Additional variance for elevation323 depression area will need setback information.
reviewed -variance application, site drawings, survey, elevations, floor plans
to be updated -clarification about infilhation device setback at 323 elevation, signature
Staff Representative:
Applicant /Agent:
Date: rio �4 22
Page 6
Area Variance [ZBA approved: September 21 2m6]
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:
ArpLtCANT's AGENT FORM: Complete the following if the APPLICANT is unable to attend the
meeting or wishes to be represented by another party:
Owner: Brett West
Designates: Gavin Vuillaume (EDP) as Agent regarding the following:
Variance X Site Plan Subdivision
For Tax Map No.: 226.15-1-17 Deed Reference: Book Page Date
i
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 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
•ea n agree to the above.
✓ Brett West �p �0
VSie
plicam) Print Name [Applicant] Dat sig d
Gavin Vuillaume (EDP) 1 2Z2
[Agent] Print Name [Agent] 13af sighed
WARREN
4 COUNTYPAMELA J. •
DOCUMENT*Lake George, NY 12845 ■-
li .
SIP
Instrument Number: 2006. 00008091
As
Recorded On: August08,2006 Deed
Parties: STEWART MARGARET M
To
WEST BRETT R Billable Pages: 3
Recorded By: COMMUNITY TITLE Num Of Pages: 4
Comment:
Examined and Charged as Follows:
Deed 3B.00 Cover Page 5.00 RP•5217 Resid/Agdc 75.00
TP484 5,00
Recording Charge: 121.00
Consideration
Amount Amount RSH/CS#
Transfer Tax 35,000.00 21500,000,00 TT BO Basic 0,00
QUEENSBURY Special Additional 0.00
Additional 0.00 Transfer 35,000.00
Tax Charge: 350000,00
RECORDED
Counts Clerks Dffice
AOs 08r2006 09:19A
Paaela J. Vogel
Marren Counts Clerk
`" THIS PAGE IS PART OF THE INSTRUMENT ""
I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY
File Information: Record and Return To:
Document Number: 2006.00008091 BARTLETT PONTIFF STEWART & RHODES PC
Receipt Number: 6982 PO BOX 2168
Recorded Date/Time: August 08, 2006 09:19:54A ATTN JCL
Book-Vol/Pg: Bk-RP VI=3009 Pg=38 GLENS FALLS NY 12801
Cashier / Station: C Burch / Cash Station 3
QaCLIMENT�w OOOO8O91
VCILUNEo 3OO9 PA"F-m 39
WARRANTY DEED with Lien Covenant
THIS INDENTURE MADE THE 7TH DAY OF AUGUST, TWO THOUSAND SIX
BETWEEN
MARGARET M. STEWART, Individually, and MARGARET M.
STEWART and DANIEL J. STEWART, Co -Trustees under Article 4 of the
Last Will and Testament of ROBERT S. STEWART, deceased, residing at
35 Yorkshire Drive, Queensbury, New York, 12804,
PARTIES OF THE FIRST PART, and
BRETT R. WEST and PAMELA T. WEST, husband and wife,
residing at 390 West Mountain Road, Ridgefield, Connecticut 06877,
9; PARTIES OF THE SECOND PART,
po
WITNESSETH that parties of the first part, in consideration
1l of One Dollar and 00/100 ($1.00) lawful money of the United States,
3 and other good and valuable consideration paid by parties of the
,q second part, do hereby grant, remise and release unto the parties
7sss�ttt� of the second part, their heirs and assigns forever,
ALL THAT CERTAIN LOT OF LAND situate in the Town of
�z Queensbury, County of ;Warren and State of New York, on what is
• known as Assembly Point;on the east shore of Lake George, and being
g w 46 a portion of the 'lands shown on a map of `First Subdivision of
or, property, owned by the Lake George Assembly, made by Ernest L. H.
Meyer, Surveyor, and dated June 8, 1914, as said premises are shown
on a survey map thereof entitled "map of a Part of the Lands of the
Lake George Assembly, Assembly Point, Lake George, Town of
Queensbury, Warren County, N.Y. Oct. 10, 1940, Coulter & Ashley",
the original map being filed in the Warren County Clerk's Office on
the 23rd day of October, 1940, together with all the right, title
and interest, if any, which the first party may have in and to that
part of the highway called Bay Parkway and Lake Parkway, abutting
on the aforesaid premises, to the center line thereof, said
premises being bounded and described as follows: BEGINNING at an
iron pipe set in the ground in the northerly line of Bay Parkway at
a point distant 35 feet on a course bearing North 660 45' West from
an iron bolt set in a concrete base at the southwesterly corner of
Lot No. 22, and running thence along the northerly line of Bay
Parkway, a distance of 64 feet measured along the curve of said Bay
Parkway, to an iron pipe set in the ground at a point distant 63.25
feet on a course bearing North 86° 35' West from the point of
beginning; thence North 410 38' West 151.66 feet to an iron pipe
set in the ground, and continuing in the same course 7 feet, be the
same more or less, to the shore of Lake George; thence in a general
northerly and southeasterly direction along the shore of said lake,
DOCUMENT: 00008091
VOLUME: 300Y PAGE: 40
as the same winds and turns, 440 feet, be the same more or less, to
a point distant northerly 5 feet, be the same more or less, from
the iron pipe next mentioned; thence South 220 50' West 5 feet, be
the same more or less, to an iron
thence continuing on the same course
beginning.
pipe
165.30
set in
feet,
the ground,
to the point
and
of
Also conveying herewith all right title and interest which the
party of the first part may have in and to lands under the waters
of Lake George and lying between high and low water mark of the
premises herein conveyed.
The
party
of the first part also hereby
quitclaims to
the
party of
the second part all of the decedent's
right
title
and
interest
in and
the right to maintain a certain
dock and
the lands
on which
it rests which dock extends from the
premises
into
the
waters of Lake
George and the construction of which
dock
was
completed
prior
to July 1, 1941.
BEING the same premises conveyed by Margaret M. Stewart,
Executor of the Last Will and Testament of Robert S. Stewart, to
Margaret M. Stewart and Daniel J. Stewart, Co -Trustees under
Article Fourth of the Last Will and Testament of Robert S. Stewart,
by deed dated September 16, 2003, and recorded in the Warren County
Clerk' s::Office on October 10, 2003, in Liber 1345 of Deeds at page
131':
TOGETHER with the appurtenances and all the estate and rights
of parties of the first part in and to said premises,
TO
HAVE AND TO
HOLD
the premises herein
granted
unto parties
of the
second part,
their
heirs and assigns
forever.
And said parties of the first part covenant as follows:
First, That the parties of the second part shall quietly enjoy
the said premises;
Second, That said parties of the first part will forever
Warrant the title to said premises.
THIRD, That, in compliance with Sec. 13 of the Lien Law, the
grantors will receive the consideration for this conveyance and
All 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.
DOCUMENT 0000s091
VOLUME: 3009 PAGE: 4.1
IN WITNESS WHEREOF, the parties of the first part have
hereunto set their hands and seals the day and year first above
written.
IN PRESENCE OF 1, ,
SP��ccr� u
MARL ET STEWART, Individually
STEWART, Co -Trustee
Co -Trustee
STATE OF NEW YORK )
COUNTY OF WARREN ) ss.
On the 7th day of August, 2006, before me, the undersigned,
personally appeared MARGARET STEWART and DANIEL J. STEWART,
personally known to me or proved to be on the basis of satisfactory
evidence to be the individuals whose names are subscribed to the
within instrument and acknowledged to me that hey executed the same
in their capacities, and that by their signatures on the
instrument, the individuals, or the person upon behalf of which the
individuals acted, executed this instrument.
OTARY UBLIC
JONATHAN C. I.APPER
Notary No. 02LA4W14Now
wYodc
Qualified in Warren County
RECORD So RETURN Commission Expires March So 20AZ
Bartlett, Pontiff, Stewart & Rhodes, PC,P.O. Box 2168, One Washington Street
Glens Falls, New York 12801
A f f. ,Gr✓