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Application & DeedArea Variance [ZBA approved• November 15, 2019] General Information Tax Parcel ID Number: -St)2 , / 1 " 1 — q2, It Zoning District: Detailed Description of Project [include current & proposed use]: cop2i.J, ( ) s A / jao bat, e i►r �' '14 "" , , /,L W /7 Location of Project: 2�5- AppL'cant Name: � J Mailing Address. Home Phone City, State, `Lip K-wL/ . , i212-ED Work Phone Cell Phone E-Mail: FAX Na_ Agent's Name: Mailing Address P, �zj Home Phone City, State, Zip Work Phone Cell Phone gig r�,-�� E-mail iSx- , C FAX No. Owner's Flame � � Mailing Address ,AtL. ,Se)A) l n Home Phone City, State, Zip Work Phone --/ f & Cell Phone E-mail qq FAXNo. o, Page 1 Er SideYardgg Rear Yard [I] 1 6t a 3 Rear Yard. [2] Travel Caxidor Alt Permeabddy ftgz 2- Area Variance [ZBA approved November 15,2()19) Additional Project Information pp 1. Will the proposal require a Septic Variance from the Town Board of Health? 7-< 2 • > f the parcel has previous approvals, list application number(s): r.;e u 3. Does this project require coverage under the New York State Pollutant Discharge Eliminations System (SPDES) permit Program? _Yes / 4. Estimated project duration: Start Date: End Date: l �� 5. Estimated total cost ofproject:�� S. 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 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 doers 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 Floor Area I Additional Noor-ATCa Total Area Total allowable Floor Area A la ft. [see above definition] ft. i A. ea x ) [see above table Page 3 Area Variance [ZBAapproved: November 15, 2019] Compliance with Zoning Ordinance Requesting relief from SECTION.- M' S ` 6 (—�. j (z Need relief from the requirement(s) listed below which can not be met by the project as proposed- rCheck all that apply] L Setback a Buffer Zone u Lot Width bIzOther �� ,3�` _ n �z t a {�� 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? - --- jell fa 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? 9 - 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? 5 — MTAU PEAS 5. Whether the alleged difficulty was self-created? Page 4 Area Variance Criteria for: 25 Garrison Road Addressing the detriment to the character of the neighborhood: The placement of this in ground swimming pool which only has a percentage within the side yard will have no undesirable change or be a detriment to the neighborhood based on a couple of reasons. The pool will still be placed a sizable distance away from the left side yard. Also, the landscaping buffer will provide a natural screening along this area.. Addressing the feasibility, as to if we can, achieve this approval through a different method: One reason we are not able to place the pool in a different method is this lot is much wider then its depth which will not allow enough room behind the home and still keep enough area to safely walk around the pool and comply with the rear yard setback. Addressing whether this is a substantial variance: We feel this is not nearly a substantial variance based on only a percentage of the pool is actually considered to be out of the rear yard based on the zoning law definition. Also, with the amount of natural buffer of trees and landscaping to the left side yard this is providing an ample screening along with the pool is sizable distance away from the left side property line. We feel if the pool was able to be placed in the rear yard it would be much closer to the neighbor on Fort Amherst Rd then our neighbor on Garrison Rd. Addressing the adverse effect on the physical and environmental impact: Once again we feel this will not case a physical or environmental impact based on the pool will have a 6 foot privacy fence adjoining the property line as well as a natural landscaped and treed barrier: The pool area will also be professionally landscaped to enhance the area and the installation which will be performed by Concord Pools will need to comply with the storm water and environmental requirements during the building permit process. Are the alleged difficulties self-created and relevant to preclude the grantingof f the area variance. We also feel this is not a self-created hardship due to the house is on a lot that does not have very ' much depth therefore, doesn't allow for the ample space in the rear yard for a swimming pool to comply with the rear yard setback and have a safe amount of distance for family and children to enjoy the pool. Area Variance [z8Aapproved- November 15, 20191 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. m A. General Shown on Sheet # 1 Title, Name, Address of applicant & person responsible for preparation of drawing c j 2 Deed 3 4 North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet Boundaries of the ro lotted to scale, zoning bound i7T-- Oti . a-r— 5 Princi al structures, accessory structures with exterior dimensions a 6 e �dovements incl. outdoor storage areas, driveways, parking areas, etc.: existing & Sit S PtR 7 Setbacks for all structures and improvements: existing &_ proposed St—I-E i9L&d S 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 j� 2 'Dater supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on -site water su ly and se tic /J 3 Separation distances for proposed sew a dis orals stem to well and water bodies A 4 Existing public or private water supply [well, lake, etc.]- Method of securing public or private water, location, design and construction of water supply incjqdijg daily water usage 5 Percolation test Iocation and results C. Parkin / Permeable Areas Shown on Sheet It 1 Number of spaces required for project including calculations and justification: existing & proposed YIA 2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material [e.., gravel, paved] II N 3 Provision for pedestrian and handicap access and parking: existing & proposed 4 Desigq details of in vss, egress, loading areas and cutting: existing & pro osed 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed pp N 6 Li Ling, location and design of all cxistin and proposed outdoor lighting D. Additional Site Development apd Miscellaneous Shown Sheet # I On -site & adjacent watercourses, streams, rivers, lake and wetlaMs 2 Utility / ener distribution stem [ as, electric, solar, tcle hone]: existin & 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. — III, Square footage of bldg. or o ice, man ac g, JLVecn�igl ems: existin & proposed 7-• P Z932�0 L- py) 5,tTr lot 5 Signa. :Location, size, , design and setback: existing & proposed 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items f j 7 Commercial / Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans 1 f 8 Identification of Federal, State or County permits required for the project together with a record of application for all necessary its Page 5 Area Variance Pre -Submission Conference Form / Section 179-9-040 1. Applicant Name: Vision PlanninglMitelrnan 2. Tax Map ID 302.11-1-42.11 Location: 25 Garrison Road 3. Zoning Classification MDR 4. Reason for Review: Install a pool in the side yard 5. Zoning Sections #: 179-5-020 pool 6. Pre -Submission Meeting Notes: Provided Outstanding; Please provide by Deed X General Information Complete pmjcct description pool size and location Site Development Data. Complete x T Setback Requirements Complete ;0,sid� 2500 8p�]),= 30(p-124)-501/. p=mbte Additional Project Information Complete RC# 751-2019 for new home FAR addressed NA Compliance with Zoning Ordinance x Checklist items addressed T x survey vmic-er Frivironme:ntal Form completed NA Signature Page completed 14k X- ---- -- )licant proposes a 2,244 sq ft pool to be placed in the side yard of the property. The project includes installation of residential landscaping on the site and a pavers for the pool area. The house was ,ntly constructed 4,032 sq ft footprint home to remain with no changes. Area variance for pool reviewed survey, site plan drawing, site plan application Items to be updated or provided: 1) page 1 project description needed include pool size and location 2) page 2 setback requirements front 30 ft, side 25 ft (10 ft pool), rear 30 ft (20 ft pool) and 50% 3) additional project information include the building permit number RC #751-2019 4) survey waiver letter addressed to the ZBA Chair -waiver for pool location. ote this pre application forth is to be included in the application packet. Staff Representative: Lau- aorejviaernail''os2a22 Applicant / Agent: _ Y Date: �Cl� Page 6 Area Variance €ZBA approved: November 15, 20191 Pre -Submission Conference Form 1 Section I79-9-040 1. Applicant Nacre: 1 2. Tax Map ID � ,. x d -- °— �a i Location.: Zi,S OA 3. Zoning Classification r� 1 4. Reason. for Review- ()am A 1 l�% � �' 11% 5. Zoning Section #: _i—Y-o z Lam- d 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 C " — (jAAV A� FAR addressed � Compliance with Zoning Ordinance Checklist items addressed --vl� Environmental Form completed Signature Page completed 9 rA / ! yr, - Staff Representative: e4AJ 5' <' 74'M `fir Date: �fl2j ._ Page 6 Area Variance 1ZBA. approved: November 15, 20191 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. OwNEit's AGENT FoRm- Complete the following if the OWNER of the property is not the same as the applicant - Owner. g��811 p Designates: { -- �it3 ; A,,�3j& � ` i as Agent regarding the following: Variance Site Plan Subdivision For Tax Map No.:, I Deed Reference: Book C)ZPage C—, Date _ Zg CY 9 OWNER SIGNATURE: DATE: 2 APpiAcAN T's AGENT FoRm: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party_ owner: Pk-� A UV1 Designates: gd' as Agent regarding the following: Variance ?0 Site Plan Subdivision / For Tax Ma No. 73 a) i � �� — °�" � iI p Deed Reference: Bonk 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 S 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 RESPONSTBILITIES: 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 MVWTES 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 REOUMED: 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. - 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 I have read and agree to the above. Si ep t] rgnature [Agee Prh t N e pplicant] Date signed Print Name [Agent] Date signed Page 7 WARREN COUNTY — STATE OF NEW YORK w. re PAMELA J. VOGEL, COUNTY CLERK 1340 STATE ROUTE 9, LAKE GEORGE, NEW YORK 12845 COUNTY CLERK'S RECORDIAIG PAGE "*"THIS PAGE IS PART OF THE DOCUMENT - DO NOT DETACH*'°"' Recording: Cover Page 5.00 Recording Fee 40.00 BOOK/PAGE: 6027 / 6 INSTRUMENT #; 2019-7353 Receipt#: 2019508954 Clerk: CL ReC Date: 11/19/2019 02:07:24 PM Doc Grp: RP Descri p; DEED Num Pgs: 5 Redd Frm: BORGOS & DELSIGNORE PC Partyl: MITELMAN PETER Party2: MITELMAN PETER Town: QUEENSBURY Record and Return TO: BQRGOS & DELSIGNORE PC 82 GLENWOOD AVE PO 80x 4392 QUEENSBURY NY 12804 Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - stat 4.75 Additional Names 1.00 TP584 5.00 RP5217 - County 9.00 RP5217 All others - State 241.00 sub Total: 321.00 Transfer Tax Transfer Tax - State 0.00 sub Total: 0.00 Total: 321.00 **** NOTICE: THIS IS NOT A BILL **** ***** Transfer Transfer Tax #: Transfer Tax Consideration: Total: Tax ***** 981 AM WARNING**w l hereby certify that the within and foregoing was recorded in the Warren County Cleric's ice, 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 I Vogel Warren County Clerk UL/ . i� WARRANTY DEED WITH LIEN COVENANT ' DATE OF DEED: November �, 2019 GRANTORS • PETER MITELMAN and BARBARA MITELMAN 5840 Marc Chagall, Unit 903 Cote St. Luc, QC H4W3K6 GRANTEES: PETER MITELMAN and BARBARA MITELMAN 5840 Marc Chagall, Unit 903 Cote St. Luc, QC H4W3K6 As tenants by the entirety. THIS WARRANTY DEED made between Grantors and Grantees on the deed dated stated above WITNESSES THAT GRANTORS in consideration of ------------------------------------------- One Dollar ($1A0)--------------_--------_--_---_-_--_--,..__- Lawful money of the United States and other good and valuable consideration, paid by Grantees, DOES HEREBY GRANT AND RELEASE UNTO GRANTEES and their assigns forever all that property located at: 23 & 25 Garrison Road Town of Queensbury County of Warren State of New York Tax Map Parcel Nos.: 302.11-142.11 & 302.11-142.12 (THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULE "A" ATTACHED) c THIS GRANT IS MADE: TOGETHER with the appurtenances and all the estate and rights of the Grantors in and to said premises. TO HAVE AND TO HOLD the premises granted by this Warranty Deed unto the Grantees and their assigns forever. AND THE GRANTORS COVENANT as follows: FIRST: That Grantees shall QUIETLY ENJOY said premises SECOND: That Grantors will forever WARRANT the title to said premises; THIRD: That this conveyance is made subject to the trust fund provisions of section thirteen of the lien law. IN WITNESS OF THIS CONVEYANCE, Grantors have executed this WARRANTY DEED on the deed dated stated above. IN PRESENCE OF ,-V-(L.S.) PETERMItELMAN -"( ,.S.) BARBARA MITELMAN STATE OF NEW YORK )ss.: COUNTY OF WARREN } if On this _ day of November, 2019, before me, a Notary Public in and for the said State, personally appeared PETER MITELMAN and BARBARA MITELMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals or the person on behalf of which the individuals acted, executed the instrument. MICHAEL S. BORGOS Notary Public, State of New Yo* Warren County Peg. No. 01 B05022295 O Publie Commission Expires January 3&-2- SCHEDULE "A" PARCEL I — Tax Map No. 302.11-1-42.11 ,ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND situate, lying and being in the Town of Queensbury, County of Warren and State of New York., bounded and described as follows: BEGINNING at a point in the southerly line of Garrison Road at the northeast corner of Lot No. 96 as shown on a map of Fort Amherst -Hovey -Smith Subdivision owned by F.J. Hovey, J.C. Smith and E.F. Marquette located in the City of Glens Falls and Town of Queensbury, Warren County, New York, dated April 17, 1936; running thence westerly along the southerly line of Garrison Road 100 feet to the northwesterly comer of said Lot No. 96; running thence 5° 59' West a distance of 150 feet to the southwest corner of said Lot No. 96, which point is also the northwest comer of Lot No. 99 as shown on said map; running thence easterly along the division line between said ,Lot Nos. 96 and 99 to the southeast corner of said Lot No. 96 which point is also the southwest corner of Lot No. 95 as shown on said map; running thence northerly along the division line between said Lot Nos. 96 and 95 a distance of 150 feet more or less to the point or place of beginning. THE PREMISES above described and hereby conveyed is Lot No. 96 as shown on said map of Fort Amherst -Hovey -Smith Subdivision. SUBJECT TO the rights, if any, of the New York Power and Light Corporation, contained in grants of record in the Warren County Clerk's Office. BEING the same premises conveyed by Patten Property Development, LLC to Peter Mitelman and Barbara Mitelman, dated April 25, 2018 and recorded on May 8, 2018 in the Warren County Clerk's Office in Book 5747 at Page 220. PARCEL II — Tax Mip No. 302.11-142.12 ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND situate, lying and being in the Town of Queensbury, County of Warren and State of New York, bounded and described as follows: BEGINNING at a point in the southerly line of Garrison' Road at the northeast corner of Lot No. 95 as shown on a map of Fort Amherst -Hovey -Smith Subdivision owned by F.J. Hovey, J.C. Smith and E.F. Marquette located in the City of Glens Falls and Town of Queensbury, Warren County, New York, dated April 17, 1936; running thence westerly along the southerly line of Garrison Road 100 feet to the northwesterly corner of said Lot No. 95, which point is also the northeasterly corner of Lot No. 96 as shown on said map; running thence southerly along the division line between said Lot Nos. 95 and 96 a distance of 150 feet to the southwest corner of said Lot No. 95 which is also the northwest corner of Lot No. I00 as shown on said map; running thence easterly along the division line between said Lot Nos. 95 and 100 to the southeast comer of said Lot No. 95; running thence northerly in a straight line a distance of 150.05 feet to the point or place of beginning. THE PREMISES above described and hereby conveyed is Lot Nc. 95 as shown on said map of Fort Amherst -Hovey -Smith Subdivision. SUBJECT TO the rights, if any, of the New York Power and Light_ Corporation, contained in grants of record in the Warren County Clerk's Office. BEING the same premises conveyed by Patten Property Development, LLC to Peter Mitelrnan and Barbara Mitelman, dated June 11, 2018 and recorded on June 18, 20I8 in the Warren County Clerk's Office in Book 5768 at Page 159. The purpose of this deed and GRANTORS intention, is to merge the above described two Parcels, GRANTORS understand that once Parcel I and Parcel II are merged, creating one Parcel, they will not be separated again. Record & Return To: Borgos & Del Signore, P.C. 82 Glenwood Avenue Queensbury, New York 12804