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Application & DeedArea Variance [ZBA approved: November 15, 2019] Town of Queensbury Area Variance Application REVIEW PROCESS: 1)Required Pre-Submission meeting with staff to determine general completeness of application materials to be held no later than 1 week prior to deadline day. Call (518) 761-8238 or (518) 761-8265 for an appointment. 2)Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for consideration for placement on an agenda. 3)Incomplete applications will not be considered for placement on any agenda until all missing information has been supplied. 4)Submittal to the Warren County Planning Board, if applicable. 5)Zoning Board meetings, generally the third and fourth Wednesday of each month. You will be advised in writing as to which meeting to attend. 6)Following the meeting, you will be provided with a copy of the resolution stating the Board’s decision on your application. If your application was approved, the next likely step is a Building Permit. Final plans / drawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DOCUMENTS TO BE SUBMITTED: (HARD COPY & ELECTRONIC) 1 original and 14 copies of the completed application package to include: Completed Application: pages 1–9 completed, signed & dated Pre-Submission Meeting Notes: signed by staff Denial Letter: from the Zoning Administrator Survey: Current Survey: survey map depicting current conditions – sign, stamped, date by surveyor Proposed Conditions Map: The proposed conditions map must be based on a current survey and may by prepared by Surveyor, Professional Engineer (Civil) or a Registered Architect. Area / Sign Applications: must provide a final as-built survey depicting all site conditions and improvements Survey Waiver: Applicant may request a waiver from the survey pre and post requirements. Copy of Deed Fee: $50 residential; $100 commercial ZONING STAFF & CONTACT INFORMATION: Craig Brown, Zoning Administrator Laura Moore, Land Use Planner Karen Dwyre, Office Specialist craigb@queensbury.net lmoore@queensbury.net karend@queensbury.net (518) 761-8238 Visit our website at www.queensbury.net for further information and forms. Page 1 of 31 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. Jake Howland; Jonathan Lapper, Esq., Bartlett, Pontiff, Stewart & Rhodes, P.C. Howland: 103 Montcalm St., Lake George, NY 12845 Lapper, BPSR: 1 Washington St., Glens Falls, NY 12801 Page 2 of 31 Area Variance [ZBA approved: November 15, 2019] Site Development Data Area / Type Approved sq. ft. From approved application as of 03/17/2021) Proposed sq. ft. Total sq. ft.(from 3/31/23 site plan to reflect as-built site) 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 Approved(From approved application on 03/17/2021) Proposed (as-built site (3/31/23 site plan)) 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 1460 sq ft 1427 sq ft(2853 sq ft including 50% paver credit) Page 3 of 31 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] Area Variance 13-2021; Site Plan 11-2021 Page 4 of 31 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? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ North and South Side Setbacks: 179-3-040(A)(5)(b)[3], [11]; Permeability: 179-3-040(A)(5)(b)[10]. Page 5 of 31 ALAN R. RHODES PHILIP C. MCINTIRE MARK A. LEBOWITZ J. LAWRENCE PALTROWITZ MALCOLM B. O’HARA PATRICIA E. WATKINS MARK E. CERASANO BRUCE O. LIPINSKI PAULA NADEAU BERUBE JONATHAN C. LAPPER JAMES R. BURKETT STEFANIE DILALLO BITTER KARLA WILLIAMS BUETTNER JOHN D. WRIGHT BARTLETT, PONTIFF, STEWART & RHODES, P.C. ATTORNEYS AT LAW P.O. BOX 2168 ONE WASHINGTON STREET GLENS FALLS, NEW YORK 12801-2168 TELEPHONE (518) 792-2117 FAX (518) 792-3309 EMAIL info@bpsrlaw.com WEBSITE www.bpsrlaw.com SERVICE BY FACSIMILE NOT ACCEPTED GREGORY J. TERESI ALEXANDRA C. ROZELL JEFFREY B. SHAPIRO BENJAMIN R. PRATT, JR. OF COUNSEL ROBERT S. MCMILLEN RETIRED RICHARD J. BARTLETT 1926-2015 PAUL E. PONTIFF 1930-2021 ROBERT S. STEWART 1932-2001 BERTRAM J. DUBE 1916-1999 April 30, 2024 RE: Stephen Haraden Area Variance Application; Responses to Page Five, Compliance with Zoning Ordinance 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? No, the property line setbacks, floor area ratio, and permeability variances will not produce undesirable changes in the neighborhood because the site will continue to be used for residential purposes and the permeability changes to the property are better designed to eliminate stormwater runoff into the Lake, protecting the natural landscape. 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 Applicant cannot achieve the benefit sought by other methods, and it would not be feasible because the site was built as shown on the March 31, 2023, site plan, page 12. 3. Whether the requested area variance(s) are substantial? The requested permeability variance is not substantial because the as-built site is better designed to prevent stormwater runoff into the lake. By altering the location of the retention ponds to the rear sides of the house, rather than the front, the retention ponds capture more stormwater. If the retention ponds remained in the front, as previously proposed, then stormwater runoff would flood down the side of the house and directly into the lake. While the stone patio was not originally applied for, the originally proposed site plan included paved walkways to the dock. These paved walkways were not built, and instead, the stone patio was built partially permeable with two feet of crushed stone beneath it, assisting in the capture of any runoff. Additionally, there is crushed stone beneath the uncovered deck that assists in collecting rainwater. The side setback variances similarly are not substantial because cedar hedges line the northern property boundary, and the floor area ratio variance is only 79 sq ft larger than before, for the reasons described on page 10. Page 6 of 31 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No, the completed site improvements do not have an adverse effect or impact on the physical or environmental conditions of the neighborhood or district because the site built is better than the originally proposed designed, e.g., the retention ponds and patio constructed with permeable materials, both minimizing stormwater impact. 5. Whether the alleged difficulty was self-created? Yes, the alleged difficulty was self-created. Page 7 of 31 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 8 of 31 Page 9 of 31 Page 10 of 31 ALAN R. RHODES PHILIP C. MCINTIRE J. LAWRENCE PALTROWITZ MALCOLM B. O’HARA PATRICIA E. WATKINS MARK E. CERASANO BRUCE O. LIPINSKI PAULA NADEAU BERUBE JONATHAN C. LAPPER JAMES R. BURKETT STEFANIE DILALLO BITTER KARLA WILLIAMS BUETTNER JOHN D. WRIGHT ALEXANDRA C. ROZELL JEFFREY B. SHAPIRO MATTHEW J. MCAULIFFE BENJAMIN R. PRATT, JR. OF COUNSEL ROBERT S. MCMILLEN RETIRED RICHARD J. BARTLETT 1926-2015 PAUL E. PONTIFF 1930-2021 ROBERT S. STEWART 1932-2001 BARTLETT, PONTIFF, STEWART & RHODES, P.C. ATTORNEYS AT LAW P.O. BOX 2168 ONE WASHINGTON STREET GLENS FALLS, NEW YORK 12801-2168 TELEPHONE (518) 792-2117 FAX (518) 792-3309 EMAIL info@bpsrlaw.com WEBSITE www.bpsrlaw.com SERVICE BY E-MAIL, FAX OR OTHER FORMS OF ELECTRONIC COMMUNICATION NOT ACCEPTED April 26, 2024 RE: Supplemental Information for Revised After-the-Fact Area Variance and Site Plan Applications The following information is provided to clarify any discrepancies between the originally submitted applications from 2021 and the current after-the-fact applications, brought to the Applicant’s attention via the pre-submission conference forms. Building Location: The Applicant relocated the house in its original submission in 2021 to accommodate the 50 ft shoreline setback requirement. The as-built home is now 0.5 ft closer to the shoreline than was originally approved by the Town in 2021 (53.5 ft), placing the home 53 ft from the shoreline but still compliant with the setback requirement required by the Town Code. Building Footprint: The original application submitted in 2021 had a clerical error that listed the building footprint, not including the roof overhang, as 1830 +/- sq ft when it should have been 1930 +/- sq ft. The as-built building, not including the roof overhang, is 1945 +/- sq ft. Though not included on the original application, the current application includes the roof overhang as part of the building footprint—2,751 +/1 sq ft—because the overhang is over 18 inches. The actual size of the house is only marginally larger by approximately two percent (2%) as there is a difference in the total length and width of the home by 0.4 feet, which could be attributed to the addition of siding or rock face. As a result, the floor area ratio has only increased slightly. Permeability: The following information is based upon available historical information. The permeability measurement on the December 2020 application submitted to the Town of Queensbury, and approved in 2021, was 76.6%. The site plan submitted with this application was updated on or around November 2, 2020, before the original application’s submission; there are no records of what was on the November 2, 2020, site plan, only that it was updated on or around that date. On January 21, 2021, the site plan was updated again, changing the permeability measurement to 74%. As a result, in 2021, there was no request for relief from the minimum permeable surface requirement of 75%, meaning the Town approved the application and site plans with old data, i.e., with 76.6% permeability, rather than 74%. The as-built survey shows that the parcel has a permeability measurement of 71%. This permeability measurement is 4% below the required minimum permeability (75%) and 5.6% below what the project originally conveyed would be the permeability (76.6%). Page 11 of 31 Page 12 of 31 Page 16 of 31 Page 17 of 31 Page 18 of 31