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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