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ApplicationArea 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 Studio A Landscape Architecture+Engineering, DPC/ Jon Lapper, esq. kcatellier@studioadpc.com jcl@bpsrlaw.com 38 High Rock Ave, Suite 3 | PO 272 / 1 Washington Ave. Saratoga Springs, NY 12866/ Glens Falls, NY 12801 Area Variance [ZBA approved: November 15, 2019] 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 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: 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 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 lighting to be downcast fixtures, specific fixtures, T.B.D. 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 Geraldine Eberlein 227.17-1-25 12 Seelye Road North WR 0.30 ac Application for demolish existing home and guest to construct a single family residence, project work includes a replacement of the boulder wall along the shore 179-3-040WR dimensions, maybe 147 driveway X X X X X X NA X AV70-2007-dock setback residential lighting, stormwater, zoning map Laura Moore via email 12/15/2022 12/15/2022 The applicant proposes demolition of an existing home and guest cottage to construct a new home with a footprint of 2,411 sq ft and a new floor area of 3,361 sq ft. The project includes associated site work for a new permeable driveway, stormwater management, and shoreline landscaping. The project includes installation of a new septic system on the adjoining property.The project requires site plan for new floor area in a CEA and hard surfacing within50 ft of the shoreline. The project requires area variances for front yard setback where 13.5 ft is proposed and 30 ft is required, shoreline setback where 68.77 ft is required and 60 ft is proposed, Floor area relief where 25.6% is proposed and 22% is the maximum allowed and permeability where 70.4% is required and 75% is required. Items reviewed: site plan application, area variance application, site plans, floor plans, elevations, deed Items to be updated or provided 1) page 2- height to be noted on the application, height information will be needed in regards to topography 2) page 4 - add AV70-2007 dock 3) page 6 and 7 - items to be addressed Letter G - residential lighting to be down cast fixtures, Letter J needs to demonstrate a 25 year storm, M - zoning map 4) site plan drawings - the setbacks to the building needs to noted on the drawing to each of the property lines and the shoreline, the setback from the permeable driveway area to the shoreline will need to be noted - if it is less than 100 ft it will trigger a variance 5) survey will need to be stamped, easement also need to be noted for access on Seelye Road 6)confirmation of outdoor kitchen location to discuss with Craig 7) The project appear to have 4 maybe 5 variances is there a way to reduce the number of requests Geraldine Eberlein Kirsten Catellier for Studio A 11/10/2022 38 High Rock Ave, Suite 3 | P.O. Box 272 | Saratoga Springs, NY 12866 | 518.450.4030 PROPOSED SINGLE FAMILY RESIDENCE Geraldine Eberlein 2 Essex Street Malta, NY 12020 AREA VARIANCE APPLICATION – Responses to Criteria 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? Response 1: No, an undesirable change will not be produced in the character of the neighborhood by the granting of this area variance. The existing guest house with a front yard setback of 1 ft. is proposed to be removed, along with the existing residence, and is proposed to be replaced with a single-family residence. The proposed location of the single-family residence will improve sight lines for the existing residence to the north of the property. Extensive landscaping is also proposed along the shoreline, which will improve the visual impacts of the property from the lake. The proposed project is in character with the other residences located in the neighborhood. 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? Response 2: The proposed project can not be achieved by any means other than an area variance. There is a shoreline setback of 68.77 ft. and a front yard setback of 30 ft. The average width of the parcel is 126.8 ft. The setbacks have considerably reduced the building envelope to a length of 28 ft. These setbacks have resulted in a small building envelope that is difficult to fit a single-family residence with a garage within. In addition, an infiltration device servicing the runoff generated by the proposed driveway is required. A 100 ft. shoreline setback creates a small area of the parcel in which an infiltration device can be located. Though, due to the shallow seasonal high groundwater table and the site topography, it is not feasible to capture and convey the runoff to an infiltration device while maintaining a vertical separation of 2 ft. from the groundwater table. 3. Whether the requested area variance is substantial? Response 3: Yes, the requested area variances and FAR are substantial, though, the lot is smaller than current zoning standards for lot size. Considering the smaller lot area, only a small area of impervious surfaces can be permitted under town code. In order to lessen the impact of impervious surfaces, permeable pavers are being used wherever feasible. The requested lot permeability is 4.6% below the minimum allowable permeability. In addition, the FAR is also negatively impacted by the small lot area. The requested FAR is 3.5% over the allowable FAR. The proposed front yard setback of 13.5 ft. is an improvement of the existing front yard setback of 1 ft. A variance of 16.5 ft, or 55% of the required front yard setback is requested. The building conforms to the minimum shoreline setback of 50 ft. Though, the shoreline setback is increased to 68.77 ft. due to the average of shoreline setback of the neighboring lots. A variance of 14.77 ft., or 21.5% of the shoreline setback is requested. The required shoreline setback for infiltration practices servicing areas subject to vehicle traffic is 100 ft. A variance of 29.5 ft, or 29.5% of the shoreline setback is requested. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? Response 4: No, the proposed variances will not have an adverse effect on the neighborhood or district. The project will result in a positive change overall. An existing guest house located 1 ft. off of the property line is being removed, which will improve the front and side yard setbacks, as well as improve site lines for the adjacent property to the south. Stormwater management practices are also proposed to accommodate runoff generated by the increase in impervious surfaces on site. No stormwater management currently exists on site. Shoreline buffering, which does not currently exist, is proposed as well to protect the quality of Lake George. Additionally, the existing rip-rap along the shoreline is proposed to be replaced with a boulder revetment above the mean high water line which will stabilize the shoreline. The proposed wastewater treatment system meets all NYSDOH and Town of Queensbury Requirements. Additionally, the proposed permeable paver driveway will not create an adverse effect on the environmental conditions. The NYSDEC recommends using permeable pavers to treat runoff generated by low traffic roads. The Stormwater Design Manual states that one of the most notable benefits of utilizing permeable pavers is the effective pollutant treatment for solids, metal, nutrients, and hydrocarbons. The EPA has analyzed the pollutant removal performance of permeable paver technologies and has estimated high removal percentages for sediments and nutrients. The permeable paver drive will be the most effective way to treat the runoff generated by the proposed driveway, while mitigating any adverse effects on the water quality of Lake George that may typically be created by encroaching on the required 100 ft. setback. 5. Whether the alleged difficulty was self-created? Response 5: Yes, the alleged difficulty is self-created by the applicant’s desire to improve the current lot conditions.