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 00
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
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
& Patios
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
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 Bernholz
239.12-2-17 55 Assembly Point Road
WR, 0.46 Acr
Remove an existing single family home replace with 2,560 sf footprint, 55 sf accessory structure, 1,165 sf porch deck areas with a new floor area of 5,500
sf. Project includes new stormwater management and maintaining the existing septic
179-4-030WR, 179-5-065 New floor area
X
X
X
X*
X
X
X
NA
height
X
X
Laura Moore via email 10/4/2024
Erik Sandblom via email 09/10/2024 10/4/2024
Applicant proposes to remove an existing single family home and to construct a new home with 2,560 sf
footprint, 55 sf accessory structure, 1,165 sf porch deck areas with a new floor area of 5,500 sf. The new
home would be three bedroom where the existing to be removed is a 4 bedroom. Project includes site
work for new stormwater management and maintaining the existing septic. The project includes no
removal of trees and to utilize existing and new plantings for the shoreline buffer. Site plan for new floor
area in a CEA. Area Variance for setbacks, floor area, permeability, stormwater device setback, and
possible height.
Items reviewed: site plan and variance applications, survey, floor plans and elevations
Items to be updated or provided
1) page 5 checklist: will need height information on all elevations (shoreline side rear, left & right) might
be over 28 ft; Floor area information on the floor plans will be needed for each floor - and include a
reference that indicates the mechanical floor area elevation area if it is less than 5 ft ( it should should up
on the elevation also if less than 5 ft); septic certification letter is needed; lighting information for the
home will be needed - reminder cutoff downcast fixtures are required; stormwater calculations for the
devices being put in - setback of the device from the shoreline looks less than 35ft, confirm setback.
2) signatures
3) short eaf not necessary
Attachment to Queensbury Area Variance Application September 4, 2024
Applicant: Michael Bernholz SRA 24-386
Page 1 of 1
Michael Bernholz, 55 Assembly Point Road, Queensbury, NY 12804
Compliance with Zoning Ordinance (Page 4 of Application Form)
Responses to Questions:
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 project will not cause an undesirable change to the character of the neighbor hood
or nearby properties. The project involves the construction of a new house and attached
garage in roughly the same location as the existing house, and the removal of an
existing detached garage. The scale of the house and site layout is similar to that of
surrounding properties, and stonework and natural tones proposed for the house will fit
in well in this 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?
The subject lot and other lots in the vicinity are all very small, making it very difficult to
comply with the existing dimensional requirements in the zoning regulations, as
evidenced by several variances that have been granted for surrounding properties over
the years. Due to the existing size and configuration of the lot, and other restrictions
such as building height, no other alternatives appear to be feasible, other than to seek
an area variance.
3. Whether the requested area variance is substantial?
The variance request is not substantial. The side yard setback is proposed to remain as
it is currently, and will be closer to meeting the required side yard setback than either
neighboring property to the north and south. The floor area ratio variance request is
necessary to provide a reasonable amount of living space within the building on a small
lot, and is not considered substantial as it is less than floor area ratio variances granted
for neighboring properties. The permeability variance is close to meeting the required
percentage for this district.
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 will not have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district for the reasons identified in the response to
question 1. In addition, the subject parcel does currently and will continue to have
similar setbacks and building size and scale to surrounding properties in the neighbor
hood and will have equal or more open space.
5. Whether the alleged difficulty was self-created?
It could be argued that the difficulty is self-created.
Laura Moore, Planner October 18, 2024
Town of Queensbury SRA Job #24-386
742 Bay Road
Queensbury, NY 12804
VIA: Email to Laura Moore at lmoore@queensbury.net
RE: 55 Assembly Point Road Septic Certification (Tax Map ID: 239.12-2-17)
Dear Mrs.Moore:
SRA Engineers has been retained by Michael Bernholz to design and obtain permits for the
the demolition of an existing four-bedroom house and detached garage and carport and
construction of a new three-bedroom house and attached garage in roughly the same location
as the existing house. No changes are proposed to the existing septic system as it is
sufficiently sized for the new three-bedroom house. The existing system was designed by
Environmental Design Partnership, LLP in 2010 utilizing Eljen Geotextile Sand Filters for
enhanced treatment. The system consists of (3) three trenches, each (44) forty-four feet long
and is designed for 450 Gallons Per Day. The new house will deliver approximately 330 Gallons
Per Day to the system. The new house will also maintain appropriate setbacks to the existing
septic tank, pump station and absorption field. The only changes to the system will be a new
inlet pipe to the septic tank from the new house.
Sincerely,
Erik C.F. Sandblom, PE
Principal
Enclosure
cc: Michael Bernholz