Application & Deed302.7-1-34
Tax Parcel ID Number:
MDR
Zoning District:
General Information
Detailed Description of Project [include current & proposed use]:
Vacant land with existing 1200SF garage
Current Use:
Proposed Use:
Location of Project:
Area. Variance [ZBA approved: September 21 2016]
Additional —2800SF Residential home with attached 2 car garage plus
--1200SF house connected to existing garage
28 North Rd
Applicant Name:
Neil & Sandra Rypkema
Mailing Address
51 Hidden Hills Dr
Home Phone
City, State, Zip;
Queensbury, NY 12804
Work Phone
Cell Phone
201-320-7200
E-Mail:
neilryp@yahoo.com
FAX No.
Agent's Name:
Mailing Address
Home Phone
City, State, Zip
Work Phone
Cell Phone
E-mail
FAX No.
Owner's Name
Neil & Sandra Rypkema
Mailing Address
51 Hidden Hills Dr
Home Phone
City, State, Zip
Queensbury, NY 12804
Work Phone
Cell Phone
201-320-7200
E-mail
FAX No.
Page I
Area Variance [ZBA approved: September 2120161
Site Development Data
Area / Type
Existing sq. ft.
Proposed
Addition sq. ft.
Total sq. ft.
A. Building footprint
0
—2800
(Building A)
2800
B. Detached Garage
1200
0
1200
C. Accessory Structure(s)
0
—1200
(Building B)
1200
D. Paved, gravel or other hard surfaced area
—2000
—6000
--8000
E. Porches / Decks
0
—600
—600
F. Other
0
—600
—600
G. Total Non -Permeable [Add A-F]
3200
11200
14400
H. Parcel Area [43,560 sq. ft. / acre]
679100
(15.59 ac)
679100
(15.59 ac)
679100
(15.59 ac)
I. Percentage of Impermeable Area of Site [I=G/H]
.47%
1.63%
2.10%
Setback Requirements
Area
Required
Existing
Proposed
Front Yard [ 1 ]
30'
70'
—200'
70'
Front Yard [2]
30'
Shoreline
N/A
Side Yard [1]
25'
55'
75'
120'
Side Yard [2]
25'
120'
50'
55'
Rear Yard [ 1 ]
30'
900'
700'
900'
Rear Yard [2]
30'
Travel Corridor
Height [maximum]
40'
22'
30'
30'
Permeability
50%
.18%
.4%
.18%
Number of parking spaces
2
Page 2
Area Variance [ZBA approved: September 21 2016]
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): N/A
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: 4/2023 End Date: 12/2024
5. Estimated total cost of project: $800.000
6. Total area of land disturbance for project: 9400 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 / 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
s . ft.
Existing Floor Area
sq. 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: September 21 2016]
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-4-010 C6
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply] ❑ Setback ❑ Buffer Zone ❑Lot Width ®Other Two residences on a parcel
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?
We believe there will be no detriment to the neighborhood as the homes will be modest in size plus we intend to create an
attraactive curb appeal
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?
The concept of a multi generational property is becoming popular. We wish to retain a separate residence on the same
property vs a duplex
3. Whether the requested area variance is substantial?
We believe our request for two separate residences is not a substantial variance and is similar enough to the zoning
allowance of a duplex. In fact we believe it will be more attractive than a duplex
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
There will be very low environmental inpact on the property as lot coverage is well below the permitted coverage
5. Whether the alleged difficulty was self-created?
We wish to create distinctly separate residences
Page 4
Area. variance [ZBA approved: September 21 2016]
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
Paqe 1
2
Deed
Deed Attached
3
North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ]
Survey Included
4
Boundaries of the property plotted to scale, zoning boundary
Aerial photo
5
Principal structures, accessory structures with exterior dimensions
Survey w/dimensio
6
Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing &
proposed
Aerial photo
7
Setbacks for all structures and improvements: existing & proposed
Paqe 2
8
Elevations and floor plans of all proposed and affected structures
< Max allowed
B.
Water & Sewer
Shown on Sheet #
1
Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
Municipal
2
Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
proposed on -site water supply and septic
Municipal
3
Separation distances for proposed sewage disposal system to well and water bodies
N/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 including daily water usage
N/A
5
Percolation test location and results
N/A
C.
Parkin / Permeable Areas
Shown on Sheet #
1
Number of spaces required for project including calculations and justification: existing &
proposed
N/A
2
No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material [e.g., gravel,paved]
N/A
3
Provision for pedestrian and handicap access andparking: existing & proposed
N/A
4
Designdetails of ingress, egress, loading areas and cutting: existing & proposed
N/A
5
Location and character of green areas [existing and proposed], modification to green area, buffer
zone to remain undisturbed
N/A
6
Lighting, location and design of all existing and proposed outdoor lighting
N/A
D.
Additional Site Development and Miscellaneous
Shown on Sheet #
1
On -site & adjacent watercourses, streams, rivers, lake and wetlands
N/A
2
Utility / energy distribution system [gas, electric, solar, telephone]: existing & roposed
N/A
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.
N/A
4
Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial
activities: existin & proposed
N/A
5
Si a e: Location, size, type, design and setback: existin & proposed
N/A
6
Waiver Request: provide letter with application requesting any waivers: please reference
specific items
See Letter
7
Commercial / Industrial Development requires submission of Landscaping, Stormwater
Mana ement, Grading & Lighting Plans
N/A
8
Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
N/A
Page 5
Area Variance [ZBA approved: September 2120161
Pre -Submission Conference Form / Section 179-9-040
1. Applicant Name: Neil & Sandra Rvpkema
2. Tax Map ID 302.7-1-34 Location: 28 North Rd
3. Zoning Classification MDR
4. Reason for Review: To build 2 residences on a 15.59 acre parcel
5. Zoning Section #: 179-4-010 C6
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: Neil Rvpkema Date: 11 /10/2022
Page 6
Area Variance [ZBA approved: 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:
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 REOUIRED: 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
I have read and agree to the above.
.1" % 4 g�
Signature-[Appl
Signature [Agent]
Neil Rypkema
Print Name [Applicant]
Print Name [Agent]
11 /10/2022
Date signed
Date signed
Page 7
WARRANTY DEED WITH FULL COVENANTS C (a
THIS INDENTURE, made the day of May, Two Thousand and Twenty Two
between
DAVID WESTFALL and JOANNE DeTORE, both residing at 11 Horicon Avenue,
Glens Falls, New York 12801, parties of the first part, and
NEIL RYPKEMA and SANDRA E. RYPKEMA, husband and wife, both residing at 51
Hidden Hills Drive, Queensbury, New York 12804, parties of the second part,
WITNESSETH, that the parties of the first part, in consideration of one dollar, lawful
money of the United States, and other good and valuable consideration paid by the parties of the
second part, does bereby grant and release unto the parties of the second part, their heirs and
assigns forever,
ALL those parcels of land situate in the Town of Queensbury, County of Warren, State of New
York and being more particularly bounded and described as follows:
SEEATTACHED "SCHEDULEA"
TOGETHER with the appurtenances and all the estate and rights of the parties of the first
part in and to said premises,
TO HAVE AND TO HOLD the premises herein granted unto the parties of the second
part, their heirs and assigns forever.
AND said parties of the first part covenants 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 grantor 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.
"SCHEDULE A"
PARCEL I — Tax ID: 302.7-1-34, Tax ID: 302.7-1-49 and Tax ID: 302.7-1-53
All that parcel of land situate in the Town of Queensbury, County of Warren, State of
New York, more particularly bounded and described as follows:
Beginning at a point in the westerly line of North Road where the same is intersected by
the northerly line of lands conveyed by Mary H. Beeman by deed dated January 16, 1988 and
.recorded in the Warren County Clerk's Office in Book 701 of Deeds at page 888, and proceeding
thence North 84 deg 1 min West a distance of 501.07 feet; thence South 5 deg 59 min West a
distance of 310 feet to a point for a corner; thence North 84 deg 1 min West a distance of 79.42
feet to a point; thence North 5 deg 59 min East a distance of 5 feet to a point; thence North 84
deg 1 min West along lands now or formerly of Richard P. Leach, Jr. and Loren C. Baim (Book
827, page 98), a distance of 150 feet to a point; thence South 5 deg 59 min West along the
westerly line of lands of Leach and Baim a distance of 5 'feet to a point for a corner; thence North
84 deg 1 min West along the northerly line of lands conveyed to Joyce Thompson (Book 4336,
page 29) a distance of 50 feet to a point; thence North 84 deg 1 min West along lands now or
formerly of Joyce Thompson (Book 536, page 541 and Book 646, page 497) a distance of 242.62
feet to an iron rod found at the northwesterly corner of lands now or formerly of Joyce S.
Thompson (Book 646, page 497); thence North 7 deg 23 min East a distance of 512.88 feet to an
iron pipe; thence North 69 deg 3 min West a distance of 236.8 feet to an iron pipe found on the
easterly side of Glenwood Avenue; thence North 25 deg 26 min East a distance of 50.17 feet
along the easterly bounds of Glenwood Avenue to an iron pipe for a corner; thence South 69 deg
3 min East along lands now or formerly of Maniacek (Book 848, page 55) a distance of 272.68
feet to a point; thence North 7 deg 37 min East a distance of 99.93 feet along the easterly line of
lands now or formerly of Maniacek to a point for a corner; thence South 65 deg 22 min East a
distance of 169.66 feet to an iron rod found at the southeasterly comer of lands now or formerly
of Glens Falls City School District as shown in a deed recorded in Book 849 at page 65; thence
North 7 deg 28 min East a .distance of 168.98 feet to a concrete monument found at the
northeasterly comer of lands of said Glens Falls City School District; thence along the northerly
line of lands now or formerly of Glens Falls City School District North 65 deg 22 min West a
distance of 65 feet to a point; thence North 7 deg 18 min East a distance of 264.27 feet to a point;
thence North 82 deg 47 min West a distance of 85.47 feet to a point; thence North 25-deg 10 min
East a distance of 124.28 feet to an iron pipe for a corner; thence North 82 deg 28 min West a
distance of 137.52 feet to the easterly line of Glenwood Avenue; thence North 25 deg 7 min East
a distance of 52.88 feet along the easterly line of Glenwood Avenue; thence South 82 deg 34 min
East a distance of 137.65 feet to a point; thence North 25 deg 10 min East a distance of 118.52
feet to a point; thence South 82 deg 27 min East a distance of 49.85 feet to an iron pipe found at
the southeasterly comer of lands now or formerly of Deyette (Book 652, page 650); thence North
24 deg 54 min East a distance of 118.84 feet to an iron pipe found in the northeasterly corner of
lands now or formerly of Deyette; thence North 82 deg 30 min West a distance of 187.21 feet to
an iron pipe found on the easterly line of Glenwood Avenue; thence North 23 deg 47 min East a
distance of 138.17 feet along the easterly line of Glenwood Avenue; thence South 65 deg 45 min
East a distance of 179.01 feet to an iron pipe located on the southeast comer of lands now or
formerly of Rouse (Book 778, page 201); thence South 83 deg 2 min East a distance of 437.68
feet to an iron pipe found at the southeast corner of lands now or formerly of Beatty; thence
South 7 deg 29 min West a distance of 741.52 feet along lands now or formerly of Carol
Whitney (Book 875, page 25) to an iron pipe found in the northerly line of lands formerly of
Meath (Book 415, page 105); thence North 82 deg 31 min West a distance of 10 feet to a point at
the northwest corner of lands formerly of Meath (Book 415, page 105); thence along the westerly
line of lands formerly of Meath (Book 415, page 105 and Book 423, page 302) South 7 deg 29
min West a distance of 245 feet to a point at the southwesterly corner of lands formerly of Meath
(Book 423, page 302); thence South 82 deg 31 min East along the southerly line of lands
formerly of Meath a distance of 335 feet to a point in the westerly line of North Road; thence
South 07 deg 29 min West along the westerly line of North Road a distance of 125.85 feet to a
point; thence continuing along the westerly line of North Road on a curve to the right a distance
of 86.17 feet to a railroad spike at the point and place of beginning. Consisting of 22 acres more
or less.
A portion of the premises conveyed herein are subject to a Conservation Easement which
runs with the land and which was granted to Queensbury Land Conservancy, Inc. by instrument
dated December 26, 2012, and recorded in the office of the Clerk of Warren County at Book
4657 of Deeds at Page 50.
Being the same premises conveyed by Elizabeth V. Meath, as Trustee of The Elizabeth
V. Meath Revocable Living Trust as to an undivided 50% interest, and as Trustee of The Thomas
E. Meath Family Trust as to the other undivided 50% interest to David Westfall and Joanne
DeTore dated July 19, 2013 and recorded in the Warren County Clerk's Office on July 24, 2013
in Book 4813 at Page 305.
PARCEL II —Tax ID: 302.7-1-35
ALL that parcel of land situate in the Town of Queensbury, County of Warren, State of
New 'York, more particularly bounded and described as follows:
COMMENCING at an iron pipe set in the ground .65 feet westerly of the sidewalk along
the west side of North Road (formerly Uncas Road) which iron pipe is 225 feet southerly on a
bearing south 7 degrees 29 minutes west from the south line of lands conveyed to Louis P.
Brown by Uncas Road Corporation by a deed recorded in the Warren County Clerk's Office on
April 13, 1956 in Book 352 of Deeds at Page 600, and being the same starting point of Parcel 1
described in a deed recorded in Book 4597 at Page 177; running thence north 82 degrees 31
minutes west 335 feet along the southerly boundary of Parcel I (Book 4597, page 177) to a
corner; running thence south 7 degrees 29 minutes west 20 feet to a corner; running thence south
82 degrees 31 minutes east 335 feet and parallel to the first course for a corner; running thence
north 7 degrees 29 minutes east 20 feet to the point or place of beginning. Reference is made to
the magnetic meridian of 1956.
ALSO conveying all the right, title and interest of the parties of the first part in and to the
lands lying between the easterly line of the property herein conveyed and the center of North
Road (North Road was formerly known as Uncas Road).
ALSO conveying such of the following right as the parties of the first part may have as
were convyed to Thomas E. Meath and Elizabeth V. Meath by deed from Mary H. Beeman dated
September'4, 1962 and recorded in the Warren County Clerk's Office on September 10, 1962 in
Deed Book 423 at Page 302: The full and free right, to be exercised in common with all others
having a like right, at all times hereafter, to pass and repass on foot and with vehicles on, along
and over all that portion of North Road between Garrison Road and the northerly boundary as
extended in an easterly direction of the premises herein conveyed, and to lay, construct and keep
in repair under the surface thereof sewer and conduits for the supply of water, gas electricity
telegram and telephone service, and also to use said portion of North Road for any of the
purposes for which a street or highway may be used, and without limiting the generality of the
right herein granted by -any reference herein to any particular uses, and the right to maintain such
portion of North Road and keep the same in repair.
The premises herein conveyed are subject to the covenants and restrictions contained in a
certain agreement between Elizabeth L. Emerson and others dated January 30, 1948 and
recorded May 24, 1948 in the Warren County Clerk's Office in Book 264 of Deeds at Page 441.
This parcel is subject to the same conditions, covenants and restrictions as set forth in a
deed from Lyman A. Beeman and Mary H. Beeman to Thomas E. Meath and Elizabeth V. Meath
dated November 14, 1961 and recorded in the Warren County Clerk's Office on November 20,
1961 in Book 415 of Deeds at Page 105.
Being a portion of the premises conveyed by The Elizabeth V. Meath Revocable Living
Trust and The Thomas E. Meath Family Trust to David Westfall and Joanne DeTore by
Warranty Deed dated October 16, 2012 and recorded in the Warren County Clerk's Office on
October 18, 2012 in Book 4597 at Page 177.
IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and
seal the day and year first above written.
IN PRESENCE OF:
LS
David Westfall
'Q��a LS
anne DeTore
STATE OF NEW YORK
SS:
COUNTY OF WARREN
On the lNay of April, in the year Two Thousand and Twenty Two, before me, the
undersigned, a Notary Public in and for said State, personally appeared David Westfall
personally known to me 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 executed the
same in his capacity, and that by his signature on the instrument, the individual or the person
upon behalf of which the individual acted, executed the instrument.
DAVID.C. KLINGE6IEL
Notary Public, State of New Vora
Saratoga County #02KL6146760
Commission Expires May 22, 20
STATE OF NEW YORK
SS:
COUNTY OF WARREN
lul(/ r
-� )- )j
Not Public
On the )tday of April, in the year Two Thousand and Twenty Two, before me, the
undersigned, a Notary Public in and for said State, personally appeared Joanne DeTore,
personally known to me 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 she executed
the same in her capacity, and that by her signature on the instrument, the individual or the person
upon behalf of which the individual acted, executed the instrument.
DROD C. KLINGEBIEL
Notary Public, ate of New Yofk
Saratoga County #02KL6146780
Commission Expires May 22, 20�,
I
IL