Application & Deed12 East Washington Street 518 792-2907
Glens Falls, NY 12801
TRANSMITTAL
Transmitted via Email
To: Town of Queensbury
724 Bay Road
Queensbury, NY 12804
Date: December 22, 2023
Re: Shearer – Residential Area Variance
240.5-1-6 52 - Russell Harris Road
ITEMS TRANSMITTED
Quantity Description
1 Cover Letter to the Chairman
1 Area Variance Application
1 Deed
1 Survey
1 11 x 17 Drawings (1-8) Entitled: Residential Site Improvements
Shearer Residence, Rev A, Dated 12/20/23
1 Architectural Drawings by Williams & Williams Entitled Mike & Gaby
Shearer, Dated 11/22/23
1 On-Site Wastewater Certification Update
1 2016 Septic Certification
COMMENTS:
If you have any questions, do not hesitate to contact me at (518) 792-2907.
Sincerely,
RU Holmes Engineers, PLLC
__________________________________________________________________
12 East Washington Street 518-792-2907
Glens Falls, NY 12801
Transmitted via Email & Hand Delivered
December 21, 2023
Stephen Traver, Chairman, Queensbury Planning Board, & Planning Board Members
Mike McCabe, Chairman, Zoning Board of Appeals, and Zoning Board Members
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
Re: Shearer - Residential Site Plan & Area Variance Reviews
52 Russell Harris Road - Queensbury
RUH 22-052
Dear Chairmen Traver & McCabe, and Board Members,
Michael & Gabrielle Shearer the owners of 52 Russell Harris Road (tax #: 240.5-1-6) proposed the
construction of a new 3 bedroom single family residence to replace the existing 3 bedroom seasonal lakeside
cottage. Along with the construction of the new 3 bedroom residence new stormwater control measures
are to be implemented. The proposed stormwater control measures are to not only mitigate runoff from the
new residence and new impervious covers (walkways), but the existing impervious covers to remain
(existing garage, shed, driveway, walkways, etc.). Additional landscaping improvements to the lake shore
buffer are proposed as well.
No improvements to the existing on-site wastewater treatment system are proposed at this time. The
property will continue to utilize the existing 3 Bedroom Puraflo ETU mound that was designed and
permitted in 2016, then ultimately constructed in 2018.
The existing rectangular shaped parcel is 0.26± acres in sizes with an average width just shy of 50’. At
mean high water the parcel has 52.5’ of shoreline. Due to the width of this waterfront parcel the family is
sensitive to the overall lot coverage of their property as well as the density of the neighborhood. The
footprint of the proposed residence (including deck and steps) is very similar to size and scale of the existing
cottage (including deck and steps). The footprint of the existing cottage (including deck and steps) is 1,309
sf. The footprint of the proposed residence (including deck and steps) is 1,358 sf.
The placement of the proposed residence will substantially occupy the same location/footprint as the
existing cottage. The deck of the existing cottage presently falls within the 50’ shoreline setback of the WR
zone, at 33’9” to the deck. The relocation of the proposed residence to a more compliant shore line setback
would encumber the existing septic tank and pump station of the on-site wastewater treatment system.
Additionally, moving the residence further from the shore would further diminish the existing screened
view of the lake from the deck and residence. The existing lakeside development and residence of the
neighbor to the south partially obscures the view of Harris Bay, moving the proposed residence further from
the lake would have an even greater impact in obscuring the already limited/screened view of Harris Bay
and the Lake.
Stephen Traver, Chairman, Queensbury Planning Board, & Planning Board Members
Mike McCabe, Chairman, Queensbury Zoning Board of Appeals & Board Members
Re: Shearer - Residential Re-Development December 21, 2023
Page 2 of 2
The existing cottage and the proposed residence both fall within the 12’ side lot setback of the south
property line. It is the applicants’ preference for the proposed residence to continue to encroach in the
setback to the south property line in order to avoid conflict with the significant rock outcropping located in
the northwest corner of the existing cabin. Maintaining a similar side lot set back to the south property line
will minimize the potential of blasting and disruption to existing trees and vegetative cover along the
northwest side of the proposed residence. Additionally, for both the Shearer’s and the southern neighbor
the use and access between the two properties will remain largely unchanged with the introduction of the
proposed residence.
As indicated prior, area variances for shoreline setback and side lot setback are being sought to facilitate
this proposed project. As mentioned prior and depicted on the site design drawings the location of the
existing cottage is already pre-existing non-conforming with regards to shoreline and side lot setbacks. The
proposed residence will closely replicate the existing non-conforming setbacks. One additional area
variance is also being sought, minimum percent permeable. As with the shoreline and side lot setbacks, the
minimum percent permeability of the parcel already non-compliant with the current standard of 75%
permeable. The current lot development has been calculated to be 64.53±% permeable. The proposed
project would provide a modest improvement to the percent permeability. Permeability on the parcel would
increase to 65.43±% permeable, a 0.9±% increase in permeability.
We hope both the Planning Board and ZBA will view this proposed project favorably. We look forward to
meeting with each board soon to discuss the objectives and merits of this proposed project. If there are any
advance questions, please call our office at 518-792-2907 or email me directly at
bholmes@ruhengineers.com
Sincerely,
RU HOLMES Engineers, PLLC
Robert U. Holmes II, P.E.
Principal/Senior Project Manager
Encl:
•Site Plan Application
•Area Variance Application
•On-Site Wastewater Certification Update
•2016 Septic Certification Letter
•Stamped Survey
•Deed
•11x17 drawings (1-8) entitled: Michael And Gabrielle Shearer Residential Site Improvements,
Revision A dated 12/20/2023
•Architectural Drawings by Williams & Williams Entitled, Mike & Gaby Shearer, Dated
11/22/23
Ecopy(ies) w/encl: Mike and Gabby Shearer
Area Variance [ZBA approved: November 15, 2019]
General Information
Tax Parcel ID Number: ____________________
Zoning District: ____________________
Detailed Description of Project [include current & proposed use]:
Location of Project: _______________________________________________________________
Applicant Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-Mail: FAX No.
Agent’s Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Owner’s Name Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Page 1
240.5-1-6
52 Russell Harris Road
Michael Shearer 4571 Hopewell Road
The Plains, VA 20198
Shearerm@gmail.com
12 East Washington St.
Glens Falls, NY 12801
518-792-2907
bholmes@ruhengineers.com
518-656-3513
WR
Area Variance [ZBA approved: November 15, 2019]
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? _______________
2. If the parcel has previous approvals, list application number(s): _________________________
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit
Program? __ Yes / __ No
4. Estimated project duration: Start Date: __________ End Date: __________
5. Estimated total cost of project: _______________
6. 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
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 ___________________________ sq. ft.
Existing Floor Area ___________________________ sq. ft. [see above definition]
Proposed Additional Floor Area ___________________________ sq. ft.
Proposed Total Floor Area ___________________________ sq. ft.
Total Allowable Floor Area ___________________________ (Area x _____) [see above table]
Page 3
Area Variance [ZBA approved: September 21 2016]
Site Development Data
Area / Type Existing sq. ft. Proposed
Addition sq. ft.
Total sq. ft.
A. Building footprint
B.Detached Garage
C.Accessory Structure(s)
D.Paved, gravel or other hard surfaced area
E.Porches / Decks
F. Other
G.Total Non-Permeable [Add A-F]
H.Parcel Area [43,560 sq. ft. / acre]
I.Percentage of Impermeable Area of Site [I=G/H]
Setback Requirements
Area Required Existing Proposed
Front Yard [1]
Front Yard [2]
Shoreline
Side Yard [1]
Side Yard [2]
Rear Yard [1]
Rear Yard [2]
Travel Corridor
Height [maximum]
Permeability
Number of parking spaces
Page 2
Required Existing Proposed
2 Acres 0.26+/- Acres 0.26+/- Acres
150' 49'+/- 49'+/-
150' 49'+/- 49'+/-
150' 49'+/- 49'+/-
Existing Sq. ft.Proposed Addition Sq.
Ft.Total Sq. Ft.
A. 1309 49 1358
B. 548 0 548
C. 164 0 164
D. 853 0 853
E. 619 0 619
F. 526 -155 371
G. 153 0 153
H. Total Non-Permeable (Sq. Ft.) [Add A-G] 4172 -106 4066
I. Parcel Area [43,560 sqft/acre] 11,761 0 11761
J. 35.47% -0.90% 34.57%
Required Existing Proposed
30' 35'-11"+/- 35'-11"+/-
30' 118'-5"+/- 116'-9"+/-
50' 23'-2"+/- N/A
50' 33'-9"+/- 33'-9"+/-
50' 44'-9"+/- 44'-9"+/-
12' 5'-3"+/- 5'-3"+/-
12' 12'-5"+/- 15'-10"+/-
12' 5'-10"+/- N/A
12' 5'-4"+/- 5'-4"+/-
12' 7'-2"+/- 7'-5"+/-
30' N/A N/A
N/A N/A N/A
28' <28' 27'-6"
75% 64.53% 65.43%
22 2
Front [1] (Toward Russell Harris Road)(Shed)
Shoreline (Lake side steps on Deck)
Side Yard [1] (North) (House)
Side Yard [2] (South) (House)
Shoreline (Lake side Deck)
Side Yard [2] (South) (Shed)
Existing Area Lot 1: 0.26+/- Ac; (11,761+/- sf)
Parcel Information:
Owner:
Tax map I.D. Lot 1 #:
Zoning Designation:
Michael and Gabrielle Shearer
240.5-1-6
Waterfront Residential (WR)
No. of parking spaces
Garage
House including steps and deck
Shed
Walkways
Driveway
Area
Patio
Rear Yard [1]
Travel Corridor
Side Yard [1] (North) (Garage)
Site Requirements:
Area
Minimum Lot Size:
Road (Russell Harris)
Front [1] (Toward Russell Harris Road)(House)
Percentage of Impermeable Area of Site
Minimum Road Frontage:
Minimum Lot Width:
Area / Type
Minimum Water Frontage:
Site Development Data:
Setback Requirements:
Height [max]
Shoreline (House)
Permeability
Side Yard [2] (South) (Bilco Door)
Area Variance [ZBA approved: November 15, 2019]
Compliance with Zoning Ordinance
Requesting relief from SECTION: ________________________________
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply]
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
5. Whether the alleged difficulty was self-created?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Page 4
COMPLIANCE WITH ZONING ORDINANCE
Requesting relief from SECTIONS:
1)Section: 179-3-040: Horizontal setback from shoreline to dwelling
2)Section: 179-3-040: Horizontal setback from property line to dwelling
3)Section: 179-3-040: Minimum percent permeable
Need relief from the requirement(s) listed below which can not be met by the project as
Proposed.
(check all that apply) X Setback Buffer Zone Lot Width X Other
The following questions reflect the criteria for granting this type of variance. Please complete
them; use additional sheets if necessary.
1.Whether an undesirable change will be produced in the character of the neighborhood or
a detriment to nearby property will be created by the granting of this area variance?
The property is currently developed with a single-family dwelling and the proposed design
submitted is consistent with the existing development on the site as well as the majority of
development around Lake George, so there should be no undesirable change to the
neighborhood or negative impacts on neighbors.
2.Whether the benefit sought by the applicant can be achieved by some method, feasible for
the application to pursue, other than an area variance?
The existing lot is small and narrow and non-conforming to new development standards. The
proposed configuration is essentially the only option available due to existing site features,
wastewater location and the presence of bedrock at the north edge of the property.
3.Whether the requested area variance is substantial?
Considering all of variances requested, no one variance is substantial, however, in the
aggregate they could be considered substantial. Conversely, in the context of existing
development on the site and other development around Lake George, they should not be
considered substantial. The proposed variances improve upon existing development
conditions.
4.Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district?
The project is being designed to be as inconspicuous and as least disruptive of the site as
practical. No steep slopes are to be impacted, existing driveway to be used for access and no
tree clearing is proposed. Stormwater management is also provided for existing impervious
cover as well as proposed impervious cover.
5.Whether the alleged difficulty was self-created?
Technically the difficulty is self-created; however, an existing small parcel that has been
developed (existing non-conforming) for many years is to be designed to make it reasonable
for re-development.
Area Variance [ZBA approved: November 15, 2019]
Section 179-14-030
Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The
applicant is to provide a site plan drawing(s) – a survey showing existing conditions, a proposed conditions map (see page 00 for
specific criteria) and include any other attachments that address A - D as applicable to the proposed project.
A. General Shown on Sheet #
1 Title, Name, Address of applicant & person responsible for preparation of drawing
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 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
B. Water & Sewer Shown on Sheet #
1 Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
proposed on-site water supply and septic
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 Percolation test location and results
C. Parking / Permeable Areas Shown on Sheet #
1 Number of spaces required for project including calculations and justification: existing &
proposed
2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material [e.g., gravel, paved]
3 Provision for pedestrian and handicap access and parking: existing & proposed
4 Design 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
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
2 Utility / energy distribution system [gas, electric, solar, telephone]: existing & proposed
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 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial
activities: existing & proposed
5 Signage: Location, size, type, design and setback: existing & proposed
6 Waiver Request: provide letter with application requesting any waivers: please reference
specific items
7 Commercial / Industrial Development requires submission of Landscaping, Stormwater
Management, 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: __________________________________________________
2.Tax Map ID ________________Location:_______________________
3. Zoning Classification __________
4.Reason for Review: __________________________________________________________
5.Zoning Section #: ________________________
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: ________________________________ Date: ___________
Page 6
Michael Shearer
240.5-1-6 52 Russell Harris Road
WR 0.26
Demolition of existing home to construct a new home of 1,358 sf footprint a floor area of 1,752 sf. Existing garage to remain. Existing septic system to be
utilized.
179-3-040 WR, 179-6-050 hard surfacing, 179-6-065 CEA, 147 35ft device
x
x
x
NA
confirm footprints
height details need to be included in plan submission
septic certification for 2016 system
confirm all space above 5 ft
add stormwater device setback
do not include the EAF
top half of authorization form to be completed
Laura Moore via email 10/25/2023
RU Holmes via email 10/06/2023 10/25/2023
Applicant proposes to demolish an existing home to construct a new home with a 1,358 sf footprint and floor
area of 1,752 sf. The existing 548 sf garage and 164 sf shed are to remain. Also, existing garden beds and
trees to remain. The project includes utilizing the existing septic system and minimal disturbance as new
home to be located in similar location. Project requires site plan review for new floor area in a CEA, hard
surfacing within 50 ft of the shore. Area variances for new home to be located 33 ft 9 inches from the shore
where 50 ft is to be required, stormwater device less than 35 ft to shoreline, house side setback 7 ft 5 inches
where 12 ft is required.
Items reviewed site plan application, area variance application, site drawings, floor plans and elevations,
survey
Items to be updated or provided
1) confirm building footprints and floor area for existing and proposed including garage, mechanical, loft,
and shed areas if part of project
2) height determination to be provided including grade elevation
3) Compliance -add setback to stormwater device 35 ft is required
4) Septic Certification will be needed if the 2018 system is to be used 179-3-040 WR
5) No EAF is needed - the project is residential and a Type II where no additional environmental review is
necessary
6) will need information on existing garage - floor plans and elevations - photograph might work
7) Authorization - top half of page needs to be completed
An updated application packet to be provided via email for another review, no copies at this time.
Michael Shearer
RU Holmes Engineers, PLLC
x x
10-25-2023
11/29/23