Application & DeedArea Variance [ZBA approved: November 15, 2019]
General Information
309.9-3-24 Tax Parcel ID Number:
NR -6000sf lot Zoning District:
Detailed Description of Project [include current & proposed use]:
Request to maintain a 6 ft privacy fence on the corner lot of Rhode Island Ave and Central Ave -length of fence is 115 ft
Location of Project: 46 Rhode Island Avenue (Corner lot of Central and Rhode Island Avenue)
Applicant Name: Tracey & Matthew Maxwell Mailing Address 46 Rhode Island
Home Phone City, State, Zip Queensbury, NY 12804
Work Phone Cell Phone 5188123504
E-Mail:Traceyhall20 l2@icloud.com FAX No.
Agent's Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Owner's Name Lawrence Henderson Mailing Address 209 Rollie Road
Home Phone City, State, Zip Warrensburg NY 12885
Work Phone Cell Phone 5182321365
E-mail FAX No.
Pagel
Area Variance [ZBA approved: November 15, 2019]Site Development Data
Area /Type Existing sq. ft. Proposed Total sq. ft.
Addition sq. ft.
A.Building footprint 1440 1440 B.Detached Garage
C.Accessory Structure(s)
D.Paved, gravel or other hard surfaced area 460 460 E.Porches / Decks 60 60 F.Other
G.Total Non-Permeable [Add A-F] 1960 1960 H.Parcel Area [43,560 sq. ft./ acre] 6000 6000 I.Percentage of Impermeable Area of Site [I=G/H]33% 33% Setback Requirements
Area Required Existing Proposed
Front Yard [I] 30 Rhode 30 to home no changes Front Yard [2] 30 Central 23 to home II
Shoreline
Side Yard [I]
Side Yard [2]
Rear Yard [I] 15 Rhode 10 II
Rear Yard [2] 15 Central 10 II
Travel Corridor
H eight [maximum]
Permeability 35 33 II
Number of parking spaces 2 2 II Page2
Area Variance [ZBA approved: November 15, 2019]Additional Project Information
1.Will the proposal require a Septic Variance from the Town Board of Health? _N_O ____ _
2.If the parcel has previous approvals, list application number(s): A V23-2009, A V60-2009
3.Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit
X Program? _Yes /_No
4.
5.
Estimated project duration: Start Date: Fall 2023
Estimated total cost of project: _N _/A ____ _
End Date: Wintr 2023
6.Total area ofland disturbance for project: _O _____ _
Floor Area Ratio Worksheet
FLOOR AREA RA TIO (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 I Commercial CM/CI 0.3
Intensive
A.The combined area of all square footage, as measure from exterior walls of all structures on the property, including all
floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered
porches. Building square footage does not include: Open deck, docks and that portion of covered 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 RA TIO").
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 NA 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 ) r see above table l Page 3
Area Variance (ZBA approved: November 15, 2019]
Compliance with Zoning Ordinance
Requesting relief from SECTION: _...:..1 _1---'C,=----�-5_-_0_1_0 ____ _
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply] □Setback OBufferZone OLotWidth �Other keigb\-of £e,ric£ +Type ot te"ce.
The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if
needed.
1.
2.
3. 4. 5. 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? No -±h-t-r? CLc:e o-\hRx f,::once s in Ou.c ne,·ghbor:bood 'Oi O'\ i �f Cc.,y fu OCAV: S
_qro..nd eh, i ld ren Qnc)b �-a br---eec( dons-whether the requested area variance is substahtial? u () n 6 a.=:i rn-en1ioned tb--er-e Cc-r:-e of-he.,.v tea,e,:e .c , n au c nf-/gh Joo c nc,acl Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? Whether the alleged difficulty was self-created? �JS k>i?e; J-1,,d {of ;;t12n ofma kins ow: grard -C _ dcen _ da;J _ 5 fl _
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 preparation of drawing Survey
2 Deed attached
3 North arrow, Tax Map ID, date prepared and scale [ minimum: 1 inch = 40 feet 1 Survey
4 Boundaries of the property plotted to scale, zoning boundary Survey
5 Principal structures, accessory structures with exterior dimensions Survey
6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & Survey proposed
7 Setbacks for all structures and improvements: existing & proposed Survey
8 Elevations and floor plans of all proposed and affected structures Fence photos
B.Water & Sewer Shown on Sheet #
1 Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed NA
2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or NA proposed on-site water supply and septic
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 NA water, location, design and construction of water supply including daily water usage
5 Percolation test location and results NA
C.Parking / Permeable Areas Shown on Sheet #
1 Number of spaces required for project including calculations and justification: existing & NA proposed
2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing NA material [ e.g., gravel, paved]
3 Provision for pedestrian and handicap access and parking: existing & proposed NA
4 Design details of ingress, egress, loading areas and cutting: existing & proposed NA
5 Location and character of green areas [ existing and proposed], modification to green area, buffer NA zone to remain undisturbed
6 Lighting, location and design of all existing and proposed outdoor lighting ·NAD. Additional Site Development and Miscellaneous Shown on Sheet #
1 On-site & adjacent watercourses, streams, rivers, lake and wetlands NA
2 Utility / enernv distribution system r gas, electric, solar, telephone l: existing & _proposed NA
3 Location, design and construction details of all existing and proposed site improvements NA 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 NA
5 Signage: Location, size, type, design and setback: existing & proposed NA
6 Waiver Request: provide letter with application requesting any waivers: please reference Letter attached specific items
7 Commercial I Industrial Development requires submission of Landscaping, Stormwater NA Management, Grading & Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record NA of application for all necessary permits Page 5
Area Variance Pre-Submission Conference Form/ Section 179-9-040
1.Applicant Name: _T_ra_ce....;.y_&_M _a_tt_h e_w_M _axw_e_ll ______________ _
2.Tax Map ID _3 _o9_.9_-3_-2_4 ___ _
3.Zoning Classification NR sooosf
Location: 46 Rhode Island Avenue
Request to maintain a 6 ft privacy fence on the corner lot of Rhode Island Ave and Central Ave -length offence is 115 ft 4.Reason for Review:
5.
6.
Zoning Section #: 179-3-040 NR, 179-5-070 Fence
Pre-Submission Meeting Notes:
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
Provided
--x --x --x
NA
--x
NA
X
Outstanding; Please provide by
X
AV23-2009, AVS0-2009
X
Applicant requests to maintain a 6 ft privacy fence on the corner lot of Rhode Island Ave and Central Ave
-length of fence is 115 ft. The fence was installed in 2023 for safety issues for their household. Theapplicant was notified of violation and has provided a variance request. The existing home of 1,440 sfwith a 60 sf deck is to remain unchanged. Area Variance for 6 ft fence in front yard and type of fence
privacy fence where type and height of fence relief is requested.
Items reviewed: area variance application, site drawings, photos, violation notice
Items to be updated 1)deed is needed with application2)previous applications need to be listed A V23-2009; A V60-2009
3) compliance with zoning ordinance all five questions need to be addressed.Staff Representative: Laura Moore via email 01/25/2024
Applicant/ Agent: Tracey Maxwell 01/0 9/2024 Date: 0112512024
Page 6
Area Variance [ZBA approved: November 15, 2019)This page includes the l.) 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: kJ_('f fh9 Aeffil
Designates: IYc,\.e.. 6· rYlc,..\l"}t£..W fYJAAfsC¾!ent regarding the following:
Variance Site Plan Subdivision
For Tax Map No.: __ --==-----Deed Reference:
OWNER Sl�NATURE: -4�Book_._· _ Page __ Date __
DATE: 6\ \6'8\ t,GZ...C\
• \I
AP
ow
Owner:
Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party:
-----------
Designates:-----------=--====-----�--.. --...:-�
Variance
Deed Reference:
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 $ I ,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 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 I/we 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
Signature [Agent]
77()..c.ey yY) CUCw el( VVhtl:Mw 1Y\ullc of UPrint Name [Applicant]
Print Name [Agent]
01 !o?f)a.o'J..Lj Dat� sign d
Date signed
Page 7
:-�--.. -�..:.
WARRANTY DEEi)
THIS INDENTURE, made the 14th day of November, 2022,
BETWEEN
RONALD 0. MORpHOUSE, of 8 Vermont Avenue, Queensbury, New York 12804,
party of the first part,
and
LAWRENCE HENDERSON, of209 Rollies Road, Warrensburg, New York 12885,
party of the second part,
WITNESSETH, that the party of the first part; in consideration of one dollar ($1.00) and
other valuable consideration paid by the party of the second part, does hereby grant and
release unto the party of the second part, the heirs or successors and assigns of the p_arty of
the second part forever,
ALL that certain piece or parcel of land, fort1}erly assesed to Mary Smith on the
2001 assessment roll of the Town of Queensbury located in the Town of Queensbury,
County of Warren and State of New York, and designated on the tax map of said Town as
Section 309.9, Block 3, Lot 24 being more particularly described as follows: --
"ALL THAT TRACT, PIECE OR PARCEL OF LAND, situatein the Town of
Queensbury, County of Warren and State of New York, being lots number 341 and 342.
located as shown on map of Western Park, made by Corliss Realty, Inc. July 1927, by E.H.
Welles; Surveyor, and filed in the Warren County Clerk's Office, to which map referenceis
hereby made for more detailed description."
46 Rhode Island Avenue
One Family Dwg 60 X 100
Being the same premises conveyed to Ronald 0. Morehouse from County of Warren by
deed dated September 27, 2007 and recorded in the Warren County Clerk's Office on
November 19, 2007 in Book 3426 of Deeds at page 5.
Being _the same premises in a certain Land Contract between Ronald 0. Morehouse, Sr.
(also known as Ronald 0. Morehouse) and Larry Henderson (also known as Lawrence
Henderson) dated April 7, 2010 and recorded in the Warren County Clerk's Office on July
27, 2010 in Book 4057 at page 285. Said Land Contract has been satisfied and paid in full.
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 covenani as follows:
First, That the party 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 Sec. 13 of the Lien Law, the Grantors 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 before
using any part of the total of the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this
indenture so requires.
IN WITNESS WHEREOF. the party of the first part has. duly executed this deed the day
and year first above written.
IN PRESENCE OF:
STATE OF NEW YORK,
COUNTY OF SARA TOGA ss:
RONALD 0. MOREHOUSE
On the 14th day of November in the year 2022 before me, the undersigned, personally appeared
RONALD 0. MOREHOUSE personally known to me or proved to me on the basis of satisfactory evidence to
be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
Return by Mail To:
TODD W. MORROW NOTARY PUBLIC. State of New York No. 02MO6063466·
<:>u�lified in Saratoga County • ,--Comm1ss1on Expires August 27, 20 2-S