Application & DeedArea Variance [ZBA approved: November 15, 2019]
289.14-1-27.3
Tax Parcel ID Number:
ME
Zoning District:
General Information
Detailed Description of Project [include current & proposed use]:
This is a lake camp. We would like to place a small sauna that our son built within twenty-four and a half feet from the water's
edge. We also would like to keep a small lean to that we built by the water that is within 17 feet of the water's edge. The
topography of the land is a small flat area near the water and a steep 30 foot rise within approximately 20-30 feet from the
water.
Location of Project: 105 Fitzgerald Road
4piicant Name:
Elizabeth Hogan
yl�ll�g#d
14 Coolidge Avenue
Glens Falls, NY 12801
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518-792-6412
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518-232-2559
VWork hone
518-745-1400
E-Mail:
ehogan@nycap.rr.com
Agent's Name:
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Home Plione
Work Phone
��H7/5,
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E-mail
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Owner's Name,
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Hoene Phone
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Work Phone
Cell Phone
E-mail
FAX No.
Page 1
Area Variance (ZBA approved: November 15, 2019]
Site Develo meat Data
g Area 11'ypr
J
E"S'ting sq i1I"
P0's�
A�di>aasq..
Tow s -
A. Building footprint
B. Detached Garage
1068
1068
42
42
1400
C. Accessory Structure(s)
1400
D. Paved, gravel or other hard surfaced area
E. Porches / Decks
614
614
F. Other
G. Total Non -Permeable [Add A-F]
lean to 46
46
3128
3170
H. Parcel Area [43,560 sq. ft. / acre]
105,415
105,415
1. Percentage of Impermeable Area of Site [I=G/H]
2.9%
3%
Setback Requirements
qutred
y
"-., r
Front Yard [1]
30
>30 house
No changes
Front Yard [2]
Shoreline
50
>50
2W,,V— vi"WaV 5 r u.s a.
!-.;" i
Side Yard [1]
east 20
6
_
5ft structure less than 120
Side Yard [2]
west 20
5 ft structure less than 120
Rear Yard [ 1 ]
no changes
Rear Yard [2]
30
Travel Corridor
Height [maximum]
28
8 foot sauna
lesn- o
Permeability
75%
97.1
97
Number of parking spaces
2
no changes
Page 2
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): Av 20-215, sub 8-2008
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit
x
Program? _ Yes / _ No
4. Estimated project duration: Start Date: July 1, 2023 End Date: Julv 1, 2023
5. Estimated total cost of project: $7,000
6. Total area of land disturbance for project: 56 & 46 sq. feet
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
105309.9
2044
s . ft.
s . ft. see above definition]
Existing Floor Area
Proposed Additional Floor Area
-7
s . ft.
Proposed Total Floor Area
la
s . ft.
Total Allowable Floor Area
23169
Area x . 22 see above table
Page 3
Area Variance [ZBA approved: November 15, 2019]
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-3-040
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply] %9 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.
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?
I don't believe an undesirable change will be produced. The neighbor to the west has their camp closer to the water than
either the sauna or 1 e le-an-to—a-n7 the nerighbor to t ie east oes not lave a view o ert er.
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 topography of the lot does not allow the sauna to be much father back from the water without being located on the next
eve eet a ove t e eac a ean to is ut t into t e 1 tat rises _ teet a ove a water rout.
Whether the requested area variance is substantial?
This will not be a substaintial arawariance. Both the lean to and the sauna are very small. They are both made of wood and
emend into the surroundings.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
It should not affect the neighborhood. Several of our neighbors have substiantial structures very close to the water.
5. Whether the alleged difficulty was self-created?
They are not self created. The sauna and the lean to need to be close to the water and the property has a very challenging
topography with a thirty foot rise wit m 20 to _ eet rom a water s ge.
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 preeparation of drawing
survey
2
Deed
atf,cch`�
3
North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ]
survey
4
Boundaries of the property plotted to scale, zoning bounds
5
Principal structures, accessory structures with exterior dimensions
6
Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing &
proposed
7
Setbacks for all structures and improvements: existing & proposed
8
Elevations and floor plans of all proposed and affected structures
photo of sauna
B.
Water & Sewer /;, % , ,,,_; , F,yi r, / F �
', , Shown on Sheet #s
1
Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
onsite
2
Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
propose on -site water supply and septic
onsite
3
Separation distances for proposed sewage disposal system to well and water bodies
NA
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 usa e
i yak we'll
5
Percolation test location and results
NA
C.
Parkin I Permeable Areas
Shown on Sheet
1
Number of spaces required for project including calculations and justification: existing &
proposed
No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material [e.g., gravel,paved]
NA
2
3
Provision for pedestrian and handicap access andparking: existing & proposed
4
Design details of ingress, egress, loading areas and cutting:_existing & ro osed
5
Location and character of green areas [existing and proposed], modification to green area, buffer
zone to remain undisturbed
6
Lighting, location and design of all existing and proposed outdoor lighting
D.
Additional Site Development and Miscellaneous
Shown on Sheet #
1
On -site & adjacent watercourses, streams, rivers, lake and wetlands
svrvc
2
Utility / enqU distribution system [gas, electric, solar, telephone]: existing & proposed
J')
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.
Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial
activities: existing & proposed
4
5
Si a e: Location, size, type, design and setback: existin] & pro osed
6
Waiver Request: provide letter with application requesting any waivers: please reference
specific items
7
Commercial / Industrial Development requires submission of Landscaping, Stormwater
Mans ement, Grading & Lighting Plans
8
Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
Page 5
Area Variance Pre -Submission Conference Form / Section 179-9-040
1. Applicant Name: Elizabeth Hogan
2. Tax Map ID 289.14-1-27,2 Location: 105 Fitzgerald Road
3. Zoning Classification WR 2.42 ac
Applicant requests approval of a 42 sq ft sauna and a 46 sq ft lean-to buildings that have been placed within 50 ft of the lake
4. Reason for Review:
5. Zoning Section#• 179-3-040WR,179-6-065 new floor area -dimensional
6. Pre -Submission Meeting Notes: Provided Outstanding; Please provide by
Deed >6 4f
General Information complete X
Site Development Data Complete X
Setback Requirements Complete X
Additional Project Information Complete X
FAR addressed confirm. sauna is included
Compliance with Zoning Ordinance X
Checklist items addressed AI-n: ftd.aa6d,.--cy.it, draw,ngsBI-2- selisNA
Environmental Form completed NA
Signature Page completed x
Applicant requests to maintain a 42 sf sauna building and a 46 sf lean-to building both within 50 ft of the
shoreline. The sauna was built for the enjoyment of the lake and the leanto was needed to store lake items
under cover. The existing 1,682 sf footprint home is to remain. The existing site conditions and steps are
also to remain with no changes. Site Plan review for new floor area in a cea. Area Variance for Sauna to
be located 24 ft from the shoreline and the lean-to to be located 17 ft from the shoreline where a 50 ft
setback is required.
(Items reviewed: area variance application, site plan application, survey
Items to be updated or provided
1) page 2 setback - shoreline setback should be both sauna and leanto
2) page 4 floor area - is the lean-to included in the floor area? ✓
3) page 5 checklist Al-8...- deed attached✓ee survey, and site drawings B1-2 is all set, reset is NA
4) page 6 - this pre application form needs to be included as is in the application ✓
5) page 9 signatures needed-,**'
6) - provide an updated pdf"�"
Staff Representative:
Applicant / Agent:
Date: i—k- 2,3,
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:
APPLICANTTIs AGENT FORM:
Owner:
Designates:
Variance Site Plan
For Tax Map No.:
OWNER SIGNATURE:
Complete the following if the APPLICANT is unable to attend the
meeting or wishes to be represented by another party:
as Agent regarding the following:
Subdivision
Deed Reference: Book Page Date
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 Urgughly read and understand
the instructions for submission and agree to the submission requirements, I acknowledge not onr truction 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 hav, ead and ag to the above.
Wore [Applict]
Signature [Agent]
Elizabeth Hogan
Print Name [Applicant]
Print Name [Agent]
!t
Da a sig ed
Date signed
Page 7
.,%WARRANTY DEED with Lien Covenant
THIS INDENTURE, made this
county Clerk Oii'i[e
Mov 1912012 03.37P
Fanela J. Vogel
WEIrren Coun_s Gi rk
—day of November, Two Thousand Twelve,
BETWEEN CHRISTINE A. MOZAL, residing at 99 Fitzgerald Road, Queensbury, New York
12804,
,party of the first part, and
ROBERT G. HOGAN and ELIZABETH L. HOGAN, husband and wife, as tenants by the
entirety, residing at 14 Coolidge Avenue, Glens Falls, New York 12801,
parties of the second part,
WITNESSETH that the party of the first part, in consideration of ONE DOLLAR ($1.00) lawful
money of the United States, and other good and valuable consideration paid by the parties of the second
part, does herebyf grant and release unto the parties of the second part, their heirs and assigns forever,
ALL TZT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in the
Town of Queensbury, County of Warren and the State of New York, being revised Lot 2 as shown on a
map made for Christine Mozal by Van Dusen & Steves Land Surveyors, dated October 3, 2008, last
revised December 8, 2011, which map was filed in the Warren. County Clerk's Office on April 24,
2012 in Plat C 284, more particularly bounded and described as follows:
BEGINNING at a point in the southerly shore of Glen Lake at the most northerly corner of
lands of Marshall; running thence northeasterly along the shore as it winds and turns a distance of
101.00 feet more or less to the northwest corner of lands now or formerly of Nolan; thence running
along said lands, South 44 degrees, 00 minutes and 17 seconds East, a distance of 12.00 feet more or
less to a capped iron rod found in the ground for a comer; thence continuing along said lands of Nolan,
South 44 degrees, 00 minutes and 17 seconds East, a distance of 375.16 feet to a capped iron rod found
in the ground for a comer; thence runninjalong the lands of the Surrey Field Homeowners Association
the following two courses and distances: (1) South 75 degrees, 21 minutes and 13 seconds West, a
distance of 320.00 feet; (2) South 61 degrees, 21 minutes and 13 seconds West, a distance of 23 00
feet to the northeast comer of lands now or formerly of Rowley; thence running along said lands, Nolrth
56 degrees, 55 minutes and 47 seconds West, a distance of 220.65 feet to the most southerly comer of
lands of Charles Carder; thence running along said lands the following two courses and distances: (1)
North 49 degree, 12 minutes and 13 seconds East, a distance of 50.00 feet; (2) North 57 degrees, 30
minutes and 13 leconds East, a distance of 50.00 feet to the most southerly comer of lands of Clay and
Jane Ashworth; thence running along said lands, North 57 degrees, 30 minutes and 13 seconds East, a
distance of 126.36 feet to the most easterly comer thereof and the most southerly corner of lands of
Thomas Onderdonk, being also the northwesterly comer of revised Lot 1; thence running along the
division line between revised Lot 1 and revised Lot 2, the following five courses and distances: (1)
South 12 degrees, 31. minutes and 42 seconds West, a distance of 85.41 feet; (2) South 80 degrees, 01
minutes and 18 seconds East, a distance of 70.92 feet; (3) North 68 degrees, 29 minutes and 59 seconds
East, a distance of 228.33 feet; (4) North 23 degrees, 35 minutes and 16 seconds West, a distance of
110.00 feet; (5) South 80 degrees, 15 minutes and 13 seconds West, a distance of 20.34 feet to the
southeast corner of lands of Marshall; thence running along said lands of Marshall, North 27 degrees,
09 minutes and 18 seconds West, a distance of 105.43 feet; thence continuing along said lands of
Marshall, North 27 degrees, 09 minutes and 18 seconds West, a distance of 2.00 feet to the point and
place of beginning, containing 2.42 acres of land to be the same more or less. Bearings given in the
above description refer to magnetic North.
TOGETHER with an easement for ingress and egress for vehicle or pedestrian use, 12 feet wide,
from the parcel of land being conveyed to the terminus of Fitzgerald Road, a town road.
SUBJECT to an easement for ingress and egress for pedestrian use through the parcel of land
being conveyed ;;for access that serves the 5.2 acre parcel to the east of the parcel being conveyed and
allows'the connection of that parcel to the terminus of Fitzgerald Road, a town road. The location of
which is to be mutually agreed upon by the grantees and the owner; of the 5.2 acre parcel to the east.
In 1995, the party of the first part.built a structure blocking the potential right of way. The party of
the first part assigns the rights she acquired as to termination of the right of way by said construction,
which has been continuous, open, under claim of right and a hostile occupancy of the area occupied by the
structure.
LITTLE 6 O'CONNOR ATTORNEYS. P.C.
18 WEST NOTRE DAME STREET- P.O. BOX BOB
GLENS FALLS. NY 12801
TEL (5161792-2113
SUBJECT to all easements and restrictions of record.
BEING a portion of the premises conveyed to Christine A. Mozal, by deed from Richard J.
Mozal, dated October 31, 2008, which deed was recorded in the Warren County Clerk's Office on
November 3, 2008 in Volume 3661 at Page 105, as Instrument No.: 2008-00009112, with premises
conveyed to Christine A. Mozal by Boundary Line Agreement, dated August 6, 2012, which was recorded
in the Warren County Clerk's Office on November , 2012 in Volume at Page _
as Instrument No.:
SUBJEC� TO an easement for purposes of construction and maintenance of a septic system to
serve Lot L. Said easement shall include access through Lot 2, as said Lot is shown on the above referred
to map.
THE area where said septic system may be located is described as follows:
ALL THAT PARCEL OR PIECE OF LAND situate in the Town of Queensbury, County of
Warren and State of New York, more particularly described as follows:
BEGINNING at a point which marks the southeasterly comer of Lot 1; running thence on a
course N 68°29'59" E, a distance of 17.44 feet to a point; running thence on a course S 44° 09, 001, E, a
distance of 48.53 feet to a point; running thence on a course S 68° 29' 59" W, a distance of 63.99 feet to a
point; running thence on a course N 44109'00" W, a distance of 48.53 feet to a point in the southerly
boundary of Lot 1; running thence on a course N 68°29'59" E, along said southerly boundary, a distance
of 46.55 feet to the point or place of beginning.
SUBJECT to conditions made a part of the subdivision approvals and maps, made by the
Queensbury Planning Board on July 7, 2009 (Sheets S-1, S-2 and S-3), filed in the Warren County
Clerk's Office on 'September L 2009, as Plat C 135, as modified by the Queensbury Planning Board on
March 27, 2012 (�heet S-1), filed in the Warren County Clerk's Office on April 24, 2012, as Plat 284.
TOGETHER with the appurtenances and all the estate and rights of the party 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 party of the first part covenants as follows:
FIRST, That the parties of the second part shall quietly enjoy the said premises;
SECOND, That said party of the first part will forever warrant the title to said premises.
THIRD, That, in compliance with Section 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 fot 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 hereunto set her hand and seal the day
and year first above written.
IN PRESENCE OF
CHRISTINE A. MOZAL
STATE OF NEW YORK )
COUNTY OF WARREN ) SS.:
On the � day of� in the year 2012, before me, the undersigned, personally appeared
CHRISTINE A. MOZAL, 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
cppacllty, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted,
ec d the instrumery ll��
(\N 6 oco
Notary Public V N11CFiP,0- - A NgORork
lotarYP'1b:0; y020C29n79 201�
t', �MME'S 'f:ONNOR ATTORNEYS, P.C.
'(,orf11-i, g, WEST NOTRE DAME STREET—P.O. BOX 89e
GLENS FALL s,W 12801