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Burnett Presentation Packet The Burnett Family Trust Area Variance Application Response to Audio ZBA Meeting Transcript and ZBA Staff Votes of January 20, 2016 Meeting Table of Contents 1. Audio Transcript of January 20, 2016 Zoning Board of Appeals Meeting ,2. Zoning Board of Appeals Staff Notes from January 20, 2016 Meeting 3. Revised Area Variance Application 4. New Subdivision Survey Map by ABL Surveying PLLC 5. Revised Description of Proposed Project and Relief Required Table Based Upon Clarification of Request and Updated Subdivision Survey 6. Mr. Stephen A. Burnett, representing The Burnett Family Trust's response to Audio Transcript and Zoning Board of Appeals Staff Notes from January 20, 2016 Meeting regarding Area Variance No.. 51-2015 7. Town or Queensbury Lake George Shoreline Property Maps with Property Tax Number; Acreage; Lake Front; Plot of Each Property for Properties South of Burnett Proposed Subdivision and North of Burnett Proposed Subdivision B. Spreadsheet of Acreage of Neighborhood Properties North of Burnett Property 9. Spreadsheet of Acreage of Neighborhood Properties South of Burnett Property J.O. Spreadsheet of Lakefront of Neighborhood Properties North of Burnett Property 11. Spreadsheet, of Lakefront of Neighborhood Properties South of Burnett Property 12. Spreadsheet of Square Footage of Living Area (SPLA) of Neighborhood Properties North of Burnett Property 13. Spreadsheet of Square Footage of Living Area (SFLA) of Neighborhood Properties South of Burnett Property 14. Analysis of Property maps and spreadsheets 15. Recap/Summary of Rationale for Support of this Subdivision Request and Area Variance Approval Draft Audio Minutes Transcript of 20 Jan 16 Meeting Prepared 29 Januar V 2016 Town of Queensbury Zoning Board of Appeals Mr, Steve Jackoski--Chairman Mr. Ray Urrico-Secretary Mr. Mike McCabe Mr. Kyle Noonan Mr.John Henkel Mr, Harrison Freer—Alternate Meeting called to order, Lot Size Lot Subdivision Lot A 28? Lot B Req? Relief required 150 Ft Waterfront—150 Ft minimum required Proposed Lot A-96 feet from old Van busen and Steves Survey t Proposed Lot B-91 feet from Van Dusen and Steves Survey and frorn the final ABL Surveying Survey Relief Widths Relief? Minimum Lot size 2 acres t Lot size of Lot A 28 Lot Size of Lot B—28 Setbacks Lot A Lot B Mr.Tom Knapp who fillet]out the application for The Burnett Family Trust stated that the sr;vey is not current and there is another survey. The property is owned by two individuals. The property has two structures with David using Lot A. He stated that the estate is looking to subdivide to have it;own parcel Mr. Knapp continued to speak saying that Parcel it can access Easement to access driveway Property owned by family for some time and Father put two parcels together 30-40 ears ago A Zoning hoard of Appeals member was concerned over the size of the lot stating that the pr perty was in a 2 acre zoning area and the subdivision would be two .66 acre lots Open to Public Hearing: The proposed subdivision would result in two .66 acre Lots(A and n) Mr. Chris Novitski spoke about not knowing the location of the septic systern (based upon the Incomplete Van Dusen and Steves Survey,drawing hypothetical conclusions that the septic system is shared and that could be a future problem, Tom Knapp spoke; Says each parcel has its own septic system but he doesn't know the locations for sure , He says that the subdivision will not result in any physical change. Each parcel will fun tion as. Mr. Novitsky is concerned with a shared system that there will be a fuel. Ms, Laura Moore of the Planning Hoard clarified that there were two separate septic systems flat Mr. Stephen Burnett identified to her and to the APA representatives present during the Adirondack Park Agency site visit, Some board member said if there is one lot some could rebuild, They denied deRocher on Kn x Road when they wanted to put up two single family structures requiring lots of variances with each louse on Its own property, but when someone tears down the house It would create a lot of variances, 4 Someone said: this is a significant request that Is rnore than 1.3 acres on a 2 acre zone ; law of set back-- nothing there; 2 acre zoning on waterfront Someone said: unusual property Mike said: 2 acres doesn't exist-support one house on one property Someone said: Tough application— What is to stop every single neighbor from putting up cabin? Someone said: Unusual situation. 2 residences seems like a way to get around it—creatinf, this situation a change In the neighborhood Someone said : The Board Is aware of community. Two homes used therer oow. Deed in b th names: Trust and David Burnett; Parcel is 1.3 acres- 150 ft of lakefront down to 80-90-Ish; drivewa Issues. Two houses to be torn down and rebuilt? Can they achieve the benefit they have been using the land In harmony for 30-40 years? Substandard lot 1.3 acres?Continue to use as is. Not in favor as the application sits. Someone said do you want to with draw the action?Or Table it? Mr. Knapp said"table it". Someone said: Your next meeting Is the first meeting of March. Deadline for submitting additional information is Feb 15, 2016 Public hearing opera F N I Staff Notes 7-0 hing. Board of App eals Meeting Date�, Wed . , January )0, 7.016 7 pm . Q - e ue , nsklly Zoning BOMA of Appeals Agenda Meeting: WO(Inesday,January 20, 2016 Time: 7:00-11:00P.11). Queensbury A(Alvitles,Center742 Bay Road Agenda subject to change and May be found at: WWW,qUeOnsbury,net APPwo November 18, 20 15 'frust_A—pp ((S) Burnett F No �12 0 "lily n S'— anlit Trust&Estate I5aWj(1 li�j—rjjett 1111melt F, 1'Z-0021-2015 y_ -j( Agent(s) 'I'll onlas R. Lot Size hjcj� ll 1.32 X-c"rc(s Location W7 Ward No. Volling E1 R ax Id No 2 S(!Ct 1—5;Bli-7001.67'�f50ck loll 050; f Pass ?Vf179-3-0,10' Wrl pLf—r r —ei—nber 2015— t I cr -1- ca 1-1 n g 5,N En I_1.i ONIC nber 1 g2' 0J5;' ncic 11' P!�l qg— Sept J)Occnlb,q, 16,2015;Jarwaa20 ' Ork Agency ALIT I'1 aJccC Drscl.lp(lon: Applicalit PrOPOscs_a 2 _OL_20JO_.J__ -lot subdivision;jut s iz T8,_639_sr :71T0_(W_awl 110 cliingestooxistillolloillesorfeattires,(Irivc%%,ay, 1. width requirenjen" i,road fromage,wat er fronta.,ge, lot (s,and lot A for not Ijavint,pllysical road frontage. Also,relief req(tested from 111111inlum lot size, PrOPcrtY line setbacks for 111c WR zoning district, Subdivision approval is reqWred for the creation oftjvo lots from the one parent lot, 1111 icrrnl(s) wart s Shops Corp.-_ —Aran 60-201,5 IT.r(s) adri eal( PZ-001 8-2015 _,,S.ajidri Inc, A cats Che —airshal —'— 11 ----- Lo(Slz —66-8 �cr� Location 0.- - onill, 1,133 , late Route NVat'd No. ling CI Tax—1d NLO'_ 288.00 1 Crass '§cc loll 11'e,f P�59-20-f_� ,�sV 64_-:�1-201 1; IF)�009.Yfil Colinly folann1jig N0%,ernb Com'I Alt.;BP 97-157 addition; Bp 91.315 er 201-5 walkin cooler;;BP 91-828 All,;BI)88-777. as cllnopy ' - - , 05ill 20, 6N = (I I ro ,.1 Praycrt D0ScI11)(10ii, AppIlcant proposes demolition of the existing gas service/co' construction Of a lle%v 3,897 sq.ft.collvellience store(Sic Z� livc1liclice store(Suna_C_05�(_F_ requested from mirlillillin setback requirchients and From"'art's SI1OP)With a 1,500 sq,fl.'PlISOMIC canopy. Relief "lillimlim permeability requirements in the Cl zoning district. Store w fuel, Page 1 of 3 Aprwlican#{s) 5teewart's"shops Coria. Slbn'l'ar•lanrc No Oww^ -L7,1pp15 _.... Sancta RCAlt fila. _ 020-2015 A cn# s .�-_._ _.......___��_, _.._.... _.....�.. .... fir:f►I2A r-_r _.. ()_.... Chuck Marshall __ _.. ___ .I' -� _.. ._. rwlrstd .. ._ Luca#fort _.. _.. I.atStzr - : ._.... _... 1*133 81ate RoutC 9 lVnrd l 0 68 Fwcre{s} War'(.i No, Zonfrl� C1 � W ._—�_. 7'nr rrl fM`fl ..��r�_., _.. _ .ti_.. Clta to 14LO Cross TZek AV 6060 2015, §f'S9-2015 I3p 260-9324 Section _... Corn'C Alt,;BP 97-157 Addition;131'91-315 1S'wtrrcn Cotrnf T tannin f�ow•ember 201 wvalkin cooler;; 13p 91-828 Alt.;131'88- ..____..___..,. _777�as car�� Arc irr�_ Nor•cntl be r, f 8 2015 larntrar� 2p_,2al G `LL _. _. _.. T'r ajrct Ilescrilrtlon: A}tpffcant profiasc s a 58 sc. fl. fncst:anclirrtr Acliicwrrdacic is rk A crrcy rrfa an the fue l aarwo 1 ,stgn and Iltrre ww^all srMilli' - — - - -_. __ mTtC(CCfrCclucstecl for frcCslandine sf rt sriback arwd ntrrnbcr ofws^elf si lls ane on the stctrc artcl Itt^o _ . ._ .-A) 13115 r_rr r.aSt A limn# s _ _ _. �,._ (.�.. C:ellco 1 arh�arslwi 7 Vcrfzon LViraless .,__ Oww nrr s - . .T1sr 1 arirtnrr No ,1 art Scssrirtrau PI 0015-2015.. � ._..,.W _'1'atrn Sanrnrer DLC LL - PO- -)'o ?.. z �. Lot Size l,ocntiott 373 Rt. 119 .._._.� ....-__.._ _,..,._._.� . W.1 rd No _..,. Nord I R12 3h ct r,s rtrf1� 'z j79-3-04o r'nlwllc,.11c,trin lartnrrr 2p 11ft - - ��'rtrr`rn Cnunt� r'l^tnrlllt 1110ar 2016 _... _ .... _ _._ .� .� -pr -�._... � Aoiror�tfarl�I'nrl.A�er� M,..n!a T'rcrJrrf 17csrr fptlon Al7ltLcant proposes 199` lattrcc tower 1"or ccl(lot4rr. f he Project wwi.11 occur on 1pp'x 1pp area of An 11.81 acre parcel Project includes trtillzirl�an er rsfrno resizferrlial use artcl an exrstrng 297 11.fall radio totter. Va0111IM' Relief requested from restriction for placcrncnl of a gravel ciriwc to access the project Arca. The site runelwtly Itis telccartuuurwicatic,rts lowwrr in a lilt 3A zartin district. _... —�_._.., f'1_ J�_. �_ t_ A �'nrlilrrCC Ih`rlrl(rnrr# s} ltolrcl C ' _Sante as a wlicant I Zpa�l7 2p1 cnt s._..-.�� _. r7Cnnis tvtaaClra}` T'}; .T.cteaktort 1l RSacres8 Iis ;cite Roncl _...Varrl Nt!, 'Ward 1`rn� ret Edo2i`31,227 17-r-3a on '17 1 I; 179;-a4p; Sp P 0010-2p 15; AV 4120gc�: _ l79 alp pa0 rerr C:.ounty^T`fanrtirtg January 2a[6se)Ila'several arae y� - -- _..T Grlalfe}ic; r° Januar 2pProJec De sel' 101)"%t thf00tp#ion: Apfwlfcartt Wro�aasesciGrnolrtron of ttwt�rltiple buildfngsron twwo rrk pacels#o canstrcllat rtgfe farta�lrItonte wa^illi fao#pr°tilt of41633 scf, fl.,70.12 s (t ..��.. � .�.Y_W � Water-site Plan rc ,icww'. V81-fanecr Reliefrecllesotedrfonai1i- tojectincl de disturbance o 35, eater my major storm "' tftfn I 00 fl.of a water bort _... _.� na8ernent 1'a-c 2 of 3 A Ap pl! owncL(q -on art I R n S0111c as U)))icant 12-0049-2015 A _7 De m R A Typ _Mncllroy, J'o I C' 1,M6011 2 18 Lake No r C�%�ay acres %Yn rd No, Ward I -664—1 'SL Cr 1 179-0-060 0 A I r f2l)8 Tax ro Z", -j7 a�l It 0,2 0 F6 Adiron ifiRck 0 f J4 Applicant proPOsC—ScOJ)S-(- �fl�L_ At later(late rit"1011 ofa )ilc farnil Of 1,08 1 01 Sq. ft. footprint;project Will'include ilc%v stor�ll Y 1101110 aft,927%q,ft. Ptiect'lincludes demolition O� 'c %%'liter,MeW septic,new planting I tit, :,s and grading oil site. project oce""S""t"il 50 fl-Of 15%slopes and hard SUrFacing"qtll in So ft.of sllore, Project includes rctwining an exist ilIg garage where only one is',1110wed and W*0 8170 Proposed, Pi-trstiant to Chapter 179-6 to P1,1111 -060 of tile Z Oiling 0cand arae, Ordinance shall be subject �rov,�11. N,pllance: Relief 1-CcL sted far'S Ally further business ll),11 111C Chairman doterilijil" may be Properly 1)rought t)crorc Ille Zoning Board of Appeals. Revised Version: CBILM/sh 01.07,201 6 AV to[IV Ccllco-colrLetion, \'er5iOrl' CD/L&Vsh 1231"2015 Page 3 of Town of Queerlsbvyy xOnlng Board of Appeals Community Development Department Staff Notes Area Val-lance No., 51.2015; P7,0021-201') Project Applicant: flumett Fnrnily Trust Project Location: 11 Andrew Drive 1,81-col History SUB 5-2015; B1'2004-677(clock) SLIQRType: Type 11 Meeting Date: hnnai-y 20,2016 )rol osed Project.- Applicant proposes a 2-lot subdivision; lot size 28,639 sq. ft. Lot A and 28,754 sq. fl. Lot 11. Relief requested fi'0111 rt inimrrrn road frontage, Neater frontage., and lot NNidtil requirements. Also, relief is requested front Illinimurn lot size, propcj�(y litre setbacks forthe1AT zoning district. Subdivision approval is required for the creation of INVO lots from tile one parent lot, F11 v 1-,(,f 1,cniarrrlt Relief requested from tile fol1oN%,ijV' scNiOr's oftlic 7oning Ordinance. 179-3-040 Establislinictit of Districts– Wnterfront residential, 179-4-050 frontage where Lot A does not have physical access. Parcel will require area variance as 1`bjjo\vs: Road watel"Fronta0pe Lot %vidth Lot size Lot A Lot 11 side rrontago side setback ---- Setbacks Required 150 ft 150 ft ISO ft 2 ac 20 ft 2011 Proposed 87 ft cath Lot A 96 fl, Lot 87 ft each 28,639 sq. ft 1,01 A Lot 13 patio 2.8 13 91 11 Lot A/28,754 5J9 ft, ft, covered sq, ft. Lot B porch 6,2 ft Relief 63 11 each Lot A 54 ft, Lot 63 ft each ---Patio 17-.-2R",-- B 59 ft (1.3=1 ac)Lot A/ porch 13,8 fl 58366 sq ft (1.34ac) Lot B for considering an Area Varianee according to Chapter 267 of Town In making a determination,the board shall consider, 1. Wileffic" I'M 'Md esi 1'able chan go will be PI-odue" in tile ella"ActOr of tile neighborhood or a detl-illicill to ticai-by properties will be created by t'lo 91"'I"tilig of this BITR Val-hince. Minor impacts to tile neighborhood may be anticipated. 2, Whollel- the benefit sollglit I applivont to Pill'stle, 011or than (110, applicant call be fldljovedby S0110 method, foa$lblo I()I,-tile A all area V01,1111100, T"Oosiblo alternatives may be Ihnited -is i-ho jjjtcjl( is to SQP,ll*,Itc (he,two bijilclings onto individual lots 3. Whether the rowleste(I area Val'inlice Is substantia Mpvallt to tile Code, I, I The reliefrequested may be considered substantial 4. Whetilel, the pi-011ose(I val,,,011ce will have Oil Adverse effect or finpad oil the physical or elivironniclital con(litiolls in the llejgjli�0l,ll0()(j or,(listl,,et. The PrQi(,,ct as proposed Illay have Minimal to 110 impact to t1w noighbO6100d where it is residential along Lake George, S. Wbether the allegetl difficulty was self el,e "I t (1, The diff'OnItY may be considorcd selfcrvate(j Lt wff C 0 111�Iw 11-1 Tho applicatit reqljv$t� relief for tj)o subdivision of j pa�rcoj with-two existing required. JI)e applioa 'XI _at pjopo where Varjanco reliof is ses n4wo lot subdivision of 1.32 noro parcel located in the IV,,It trj�ol residential zone. The "Cal PrOPOKY illforniation oil the parcel indicates the cotta is,oil file South 0 It located oil tiro north parcel. PrOP011Y and the cabin is Zoning Board of Appeals CommU11HY Development Deportment Staff Notes 'y,n Zoning 130111d of Aviwals—14corll of 1jesoltttlon Toivn or(?ueensbury 7'12 D iy load (?Ueensbury, NI' 12801 (51S)'761-92318 71)1 p! lueirrlriirr Area VuHnnoe Resolution 'ro; A 1 Dov 'l is plo Applicant Name; D(Irnett I'arniiy,frust& Estate of David Burnett File NutrrltcrrAV 51-2015 &l'G-01721-2015 Location-, 11 Andrew Drive Tax Map Nnillbcr; 2-39.18-1-1? Z13A l"t'lecting!rate. Wcdtlesday, January 20, 2016 Ve ZoAn�a� Board of,A p peals ofthe fo�vn of lu 1 1> � 9 1 " �, rrerrshur�y has received all application fi•om: 13111"nett leaririis '1 rust & Fstate 0f lJa rirl ]3 , Ap'plicarrt prolt0sc~r a 2-lot srrbrlivisiorr; lot size 2 ,G39 ,cif, ft.T null sit, ft. 1,o! 11; 1110 Ch tripes fo Asung Imiries OP feawr e" dHvcwa ) Relief 1'cgtrestcd fr-om rttfnfrrttrrtt road frontage, Nrralcr'frontage, lot width 1-etliiti"crtients, and lett A for not having l�ilrys'feal 1'011!1 frorttngo, Also, r'clief is a'c ►ri�stcll fr•on1 1nirtinrnrn lot size, lri'rrper'fy lino sctbsiolrs for the �'4'R Z0rtirtf;dfstr i is S1rbdivision approval is required for the crentiorr of tiro lots frolrr the one parent lett, SEQR Type 11 — no furker review reiluirk A pirhlfe lroaring Was adyertfsod and held on; September 16, 2015, Ntovembcr 19,2015,, Dee mber 16,2015; and January 20,2016 Upon redew of we application rrtaterials, infor`cr7ation strMflierl during; the public hcarrn pOn consideration of the pies, specified ill Section 179-14-080(A)of tite Quensbury''l'owrt C;odr,ttn(3Ch�rl)ter, 111dr267 "l'o of NYS wk My and after disedssfott and deliberntion, �=find as follows; l' ! "1°im DIZA1Vl'1t1MID10) BY S`l'AI 1. There 134 rs i o"t an rtn(lesi ble chm%e in the Character of the neighborhood nor a detriment to nearby Properties Itecriiise --.-�... 2 l caAble, ahetnntrves aro , �tnrl have leen Considered 1 y the board, ar o'rOsofih 16�6iid b",vc'laecx �riclairlerl to z_ t�irrriio t ar rerirsf CJR erre ri'citikl . 3. The rec;uesied var ianCcs Lis iwpt substantial liectluse 4, There district?L 1 ra n it all adverse irttpact on the physical or crtvir6nmental conditions in the neighborhood or rr -5" 1s the alleged difficulty /i `fiat se1C cr°Dated because 6. In addition tiler Board finds t� benefit to the applicant from granting the requested variance �1 attt�vc ;lam pk&NIL/ W incl oitlWel tieG1 cic fii 1 the resuhing detrinlerlt to the lhcrrigr, safety aiicl welfare pfthe neighborhood c►r,coiliilltlirity; , The Board 81SP finds that the variance request Under consideration is the nlrllinnim necessary; Tile Board also proposes the following conditions., IN ._._...,r c) Adherence to the itch s outlined in the 1`611ow-tip letter sent «vith this resolution. BASED ON THE AT3(7VTi, FINDINGS r� �� .� , 142015 arrcl PZ-0021-2015,� I �1�"ATCT:, A 1170TTON '1'(7 �'11'1~'T2C31a'ir,.:�1�'UI;f`�':� AItT��4 `A-111ANGP NO, 5 11111-r1ctt Tauri heist 4G Eshic at" DaNeld Tlrlrr�ett, Introduced by r ` r ' IT _, �tilro moved for its rrclol>tit�n, seconded by Duly adapted this 20' "' da�1IrY 2010 by the following vote: AC' S: NOT : CO Meeting: Wednesday,January 20, 20.16 Time: 7:00-..11:00 pp, Queensbury Activities Canter-742 Day Road Agenda subject to change and may be found at: wwmqueensburymet APRI-Mal Qfrcreeting rtYimrtes: November 18,2015 AppllcmA64�'J, Burnett Family'j'rust ....... Aren Vat PZ-0021-2015 a S 1-2015 01 "j)�3t r!LeLCF�IT tate David Burnett $FOIRA J'y Aunt(s) Thomas R. Knapp, Esq.Stafford,Carr, Lot Size— 1.32Acre(s) WN Location I I Andrew Drive-Ward IZolling WR MIA No, Tax Id No 239,18-1-12Section 179-4-050; 179.3-040 l.ormtyVhttrtrir µ Selrtember2015 b,I—1c Hear^irtg pork Agency AD) projuvi pescrlp#{nn« Applicant pip scs a 2-lot s�lydivrsrcrrr, lot site 211,153 ;c1. ft.f of A attcE sc1,ft.)wot 13;np changes tq existing Itorrtes or features,driveway, Reliefrce;ucsted Mill 111111 1111111)road frontage,water frontage, lot width requirenjents,and lot A for not having physical road frontage, Also, relief is requested fi-oni'minjinjim lot size, propertyW line s backs for 1SVR zoniag district. Slib(livision approval is required (or the creation of from lots trothe aA YYo- IR 04,AzAt n 9,9tt 1�.O 7- W 0--n it 4 —Applicont(s) Stewarts Shops Corp., Area —6 6'- 2'01— PZ-0018 -2015 sandri ReallyInc -R �IAT if Lot Sin 0.68 Acre s Location 1 1 433 State Route Ward I zoning C1 Ward No, Tax Id No 288.004-54 ,Section 179-3-040 Cross Hof SP 59-2015; SV 61-201- -4, BP—2o09-324 Worm;-n-(7-o�t..W'. _._:.. �fyfil-arr-jjljjg November2015 Corall All.; BP 97-157 addition;BP 91-315 walkin cooler; ;BP 91-829 Alt.;BP 89-777 pliblie Henri] November 18, 15,January 20,2016anc n/a PrOJect Description: Applicant 0`- ftho existing gas service/con ellience store(Sunoco)and constructim of a new 3,897 sq. ft. convenience Store(Stewart's Shop)with a 1,500 sqvft.gasoline canopy. Relief requested from minimurn setback requirements and front mininpan Permeability requirements in the CT zoning district, Project subject to site Aan for new convenience store with fuel. Page 1 o(3 Town of Queensbury Zoning Board of Appeals Community Development Deportment Skiff Notes Project Applicantl pe,Burnett Family Trust PrRicet Location-f 11 Andrew Drive S Parcel fffsttiry SUB 8-2015; TIP 20041-677 (clock) YtCtf 1dL LIU t5 COV1.1 8EQRTypo: Type 11 Meeting Date; Jamiary 20,2016 Pal []��escrlpf�inlla Pro 2W 4 6 1 Applicant proposes a Not Subdivision; lot size 29-,649 sq. ft, Lot A ind-R8-,53*sqft. Lot B. Relief requested from minimurn roadAdth ' property water frontage, and lot. ! reqidr�,niout% Also, relief is reqtiested from minimum lot size, property line setbacks for the WfZoning district, 811t)(Rvislon approval is required for the creation of two lots from the on6 parent,lot j�ue- Yet..4 D"..)CL 9 ultk% ,ti- 4't.-A— �O( ' U*1 C)p V-C rj + P11PULC kC--p t 71s 4C Rellof Y-o Relief requested from. the following,s(-Ttions of the Zoning oj-din,91100, 179-3.040 Establishment of Districts – Waterfront rcsidemtlal, 179.4-OSO frontage where Lot A does not have physical access, Parcel will requiro,area Variance as follows: -- —---------- Road, Water frontage Lot width Lot slzq Lot A Lot B sldo frontage side setback Setlaacics Required 150 ft 150 ft ISO ft 2 fie 20 ft 20 ft Proposed 87 ft each Lot A V fl, Lot 87 ft each , Lot A Lot 13 patio 2.8 B 90ft Lot t A/ 5,1911, , covered ) ft sq, ft.Lot B porch 62 ft Relief 63 ft each Lot A 'a, Lot 63 ft.each sq ft 14,8111 Patio 1"7.2 ft, ]I Cs ft it "k.t A/ porch 13,8 ft ws�q ft (134Q)Lot M ------------J-- ("literia for collsiderilig, till Ave*a Va 1101100 Recording 110 chaytel-267 of Town Lawi In making a determination, the board shall co I nsider: 1, Whether tin undesirable change will be produced in tile, c1laractel, of tile,nelgliborbood or a detriment to notti,by properties will be Created by-tile granting of this area variance. Minor impacts to the neighborhood may be anticipated. ZKASubdivision Survey Map, Town Of QUeensbury Mops, a�nd Related Spreadsheets: I. ABL.Surveying PLLCSubdivision Map agreed bo by both parties and presented h} Queensbury Town Planning Board (With blow upsection ofarea between the dwellings) l Townof(}ueensburypr0pertV/taxrnapofne[ghbVrh0ndprope[t|e$. No[tha'ndSoVth0fBunmett property(Property It;acreage;shore front,and shape pfproperty) 3. Spreadsheets ofproperty It; acreage; shorefront and SFLAfor neighborhood properties honorth and South 0fBurnett Property (Burnett property highlighted Nyellow, properties that change the character ufthe neighborhood hiBhUghtedinlight blue) 4. Spreadsheets for Square Foot Living Area (SFLA)for neighborhood proVert|estVthnNn/Lhond South of the Burnett property(Burnett Properties are highlighted In yellow; Properties that chan8� the character Vfthe neighborhood are highlighted iolight blue) S. Bold Red acreage shows properties with two acres or more. D. Orange SFLAisnoted for very large—over 35UOSquare foot living area. ` ^ ^ / ZBA Answers to ZBA Audio Minutes and Concerns Expressed In ZBA Notes from Jan 20, 2016K4TG INTRODUCTION: Good Morning Ladies and Gentlemen, | would like hoclarify for You 'some important things regarding this action. ' My narne is Stephen Burnett and I am the surviving sibling of two brothers that were gifted the Lake George property that vVewish tosubdivide to enable nnydeceased brother David's heirs toobtain clear title to their share of the property that we hold in a Tenancy-In-Common Deed that was given to (is|n 1907. We are the fifth generation of the Burnett family that emigrated from Scotland to French Mountain and later,this place ofland oothe east shore ofLake George. While vveknew that our parent's wanted to ensure that the Burnett property remained in the Burnettbloodline for many future generations,we had no foreknowledge Of Our parents' discussions and their subsequent legal actions that lead to the Surprise that we each received In the mail on October 8, 1987. We each receive ahond written note,a completed Gift Tax Form,and a copy of the Tenancy-In-Common Deed for the property. The short note said: "You guys work)tout. It's yours." What asurprise and what azhock| |was onAir Force Officer stationed atthe Pentagon. David had carved out his niche asa carpenter and handyman working in the Lake George area. There was no transition plan of knowledge or responsibility, Clearly it was aTenancy'|n'CommnmooDeed that came out ofthe blue. VVedid not have aclue amtowhat tenancy incommon was. This was a big responsibility to manage and maintain the property and make sure the bills were paid on time onthis property that vvenow shared, VVelearned thnmuQhchallenging moments, unexpected events and difficult experiences, Working with someone by long distance was and is very challenging, especially when finances, maintenance and repairs are involved, |would like to apologize for my lack of understanding the process that I should have followed when applying for what Ithought was Vsimple action toSubdivide aproperty with two existing dwellings already located and being used on it in order to settle my brother's estate and enable each party,The Burnett Family Trust,and the Estate ofDavid VV. Burnett toobtain clear title totheir respective share. | grossly missed the mark and was not Involved with the preparation and submission of the documents. | learned, perhaps slowly, but I reside and work in Northern Virginia and it is a long drive that I make on weekends,but I'm generally not|nQueensburyduring your office hours. I've learned that there was confusion regarding The Burnett Family Trust and its membership and while I thought that I provided that information to my agent, regretfully It was not communicated clearly to the Town n of Queensbury. Let me explain to this to you. "The Burnett Family Trust" does not include m9 brother David Burnett,or any member ofhis family. The Trustees of the Burnett Family Trust are Stephen A. Burnett and Barbara S. Ournett. Barbara and formed this trustsorneyears ago and vveplaced our share ofour Lake George Tenancy-/n'Cummonproperty into The Burnett Family Trust. David's share nfour property was|nhis name on the Tenancy In Common Deed a nd my share was in The Burnett Family Trust. Approving the subdivision would enable separate deeds for the Estate ofDavid VV. Burnett and The Burnett Family Trust. On April 18, 2013 my brother passed away Intestate. His three children were appointed as Administrators o[David VV, BVrnett'sestate. After David's death |had the property appraised atfair market value. His children seemed tothink that lWould buy them out at the very high price that they offered me. They had aseparate appraisal ofthe property performed and there was olarge difference lnthe appraised value between rnyappraisal and theirs. |subsequently declined their offer for several reasons. The Burnett Family Trust does not want to sell its share of the property that we currently hold Tenancy-In Common, but we have no objection to Subdividing the property with each party holding separate title to their share.We agreed upon a suitable subdivision line and are in the process drafting eaoemoen1s of access tour respective parking areas on our respective sides of the Subdivision line and establishing oneasement/right ofvveybatwemnthadvve|\|ngait enable each party tomaintain and repair our respective dwellings. |favor writing into the deeds that both parties will have unencumbered use and access to the driveway and Would be equally responsible for maintenance, repair and when necessary, resurfacing the asphalt. Each respective party would besolely responsible for repairing damages incurred by the use of large heavy equipment used for tree trimming and removal, use of a construction debris dumpster that are overloaded to the degree that the driveway and parking surface are damaged with gouges,ruts,or impact damage,etc..,or the use of dump trucks and cement trucks, eto,that damage the driveway due tuweight nrdriving off the paved surface. Such damage would be the responsibility of the party for whom the work was being done. The Burnett Family Trust DOES NOT want to sell our share of the property, but It dos understand the desire and need settling their father's estate. My brother unfortunately struggled with meeting his obligation to pay his half of the School and Town and County taxes aowell aasharing|nroutine maintenance and repairs mnour property. There were many times since 1987when hetold methat lie did not have the money for the bills. This1nmnd continued for the rest of his life and continues today; neither David nor his estate has paid their share School Taxes and Town and County Taxes,or any expenses associated with maintenance, upkeep, repairs of common property or their dwelling since David's funds were exhausted in 2011. Fortunately | for me, I've been able to continuous employment but my employment is based upon my ability to maintain my U,S.Government National Security Clearance which, if I did not pay my bills could be terminated. Often | have carried m double payment until David could pay me back. | have paid double which for taxes the wait for repayment was very long sometime. For some things that he gave n*m his word that hawould pay nneback soon, | amstill waiting. Healways"Gave his word that hewould pay me back." ' . ^ , 13UR N ETT FA M I'LY RACKG RO U N D% The Burnett fam|iy'sroots gmback tothe Borderlands of Scotland. OurGreat Great Grandfather Andrew Burnet with h|mwife Mary Lauder Burnet and nine children Immigrated toLake George |n1853 as part of a group Of families from Scotland that had relatives living in the vicinity of Lake George/French Mounta|n. Many of the families knew each other inScotland and they formed ecommun|ty, some of the families were related through marriage while inScotland. They carved Out anew existence hy farming the land,building homes andbusinesses, lumbering, and | other types ofsupport tothe area. They founded, built and were members ofthe Bay Road Church. Two members mfour family fought|n the Civil War tnfree the slaves and preserve the Union, Alexander Burnet, one ofour Great Grandfather William H, Burnett's brothers joined with Captain Warren of the 23"d New York Volunteers and headed South to Maryland and Virginia, We have his"||kenesmm"and his quartermaster stencil as well as tile original collection ofletters that bewrote home from the war. Alexander Burnet died ofYellow Fever ntHarpers Ferry. He|amemorialized mntile Civil War Monument. The second member mfthe family that joined the Union Army was our Great Grandfather William H. Burnett's Father-in-Law,John Hart, who after his cherished wife Virginia died. John Hart became e second career soldier and vwe have his original art work and letters that lie wrote to his daughter Mary Hart Burnett when his unit served at Antietam battlefield,the bloodiest battle pfthe Civil War. William H. Burnett had a great love of the outdoors and became tile first Warren County Fish and Game Protector,an office that he held until be died in 1913. VV||Uann H. Burnett was also the Lake George Association ofFish and Game Secretary and Treasurer|n1897. Bernard Burnett,one of Great Grandfather William H. Burnett's sons helped Seneca Ray Stoddard chart Lake George, We also continue the legacy of love of Lake Geo.rge and the surrounding region. We truly enjoy the out-of-doomduring all seasons. |received mnyundergraduate degree from the SUNY College ofEnvironmental Science and Forestry at Syracuse where ifurther developed alove for the environment and have carried my education forward and readily shared my enthusiasm with family,friends,and Young people. After graduation I was commissioned Into the Air Force where I served for twenty-one year and seven months on active duty where I served our country with honor and great patriotism. When I retired from active duty I took the weekend off and started my second career as a Department � ofDefense contractor atthe Pentagon and|ateetvadoualocations|n Northern Virginia. |was|--the N P�DAH[1building mvedoukingthe Pentagon onthe morning ofnine eleven. |vvooperforming va/.'� e service |mdefense mfmycountry when the second American Airlines jet hit the twin tovverm'mhort| ' y thereafter,the third plane flew over tile building where |worked atovery high speed about two- hundred feet o�the ground and slammed into the Pentagon. The plane exploded upon )hopa- - ct in o| eor view tothose}nthe room where |was working. That day more than any other day in my fife st�ehadny resolve iucontinue tndoeverything that|could dutoprotect our country and our friends and allies from all enemies, foreign and domestic, and toprotect the freedoms that vm are so blessed in comparison with most ofthe world. ' I travel to Lake George nearly every weekend in the summer arid fall from our Virginia home to our Lake George cottage. VVeoften have friends and family visit umand we greatly enjoy emohother'000rnpeny. | find time hmimprove, maintain and repair our cottage and the common property that voeshare with noy brother's family. I generally make twenty to twenty five trips to Lake George each year to open the, cottage up each spring,close it up for tile fa[I for winter, and enjoy being there as much as possible. Since 2011, my brother and subsequently his estate said that they do not have ANY money to pay the School and/or the Town and County taxes, oreven pay towards their share nftile taxes. I've maintained the property, ensured that the taxes and applicable bills are paid on time, paid for major maintenance and repairs such as driveway resurfacing, dock repairs,and dangerous tree removal, I've bridged my only brother's financial situation for many years but I am unable to carry that burden forward. David � gave his word that hewould repay me.ononulonger able tocontinue financing them, An equitable subdivision of the property appears to be a fair and expedient method to solve these problems. His heirs will receive their share oftheir Father's estate. VVehave already agreed onthe subdivision line depicted on the final Subdivision survey rnap prepared for me by ABL Surveying PLLC. DISCUSSION ITEMS TRANSLATED FROM AUDIO RECORDING RELATED TO OUR PROPOSED SUBDIVISION The following items were discussed during the Zoning Board of Appeals meeting on January 20,2016 when |was unable to attend. |was not aware }nadvance that members ofthe board had concerns over the proposed subdivision action. if I had any idea in advance I would halve been present and provided the Zoning Board ofAppeals additional details that \was able torespnndto, but iramNy | had nodum that ineeded tobethere for this action was merely tomu6dk�deour propertywith two existing dwelling units built nearly a century ago that we were not changing in any way tinder this request. VVeare just subdividing. Nothing else imchanging. The subdivision line issimple and|oeasily identified and has been used asadividing line for generations hyboth parties. Both dwelling units were constructed byour Grandfatherin the early 1920s and have been in use since that time with any problems. Myattorney attended the meeting but was notable tnprovide adequate answers tomost ofthe questions that were asked atthe meeting. Hecontacted meabout the results ofthe meeting nine days later. The discussion revealed that the zoning Board Was using the outdated survey map on January 20, 2016, My surveyor delivered seventeen copies of the final Subdivision Survey Map to the Map to the town in December 2U15.| did not call or email to validate that the Zoning Board received the updated survey map, WATER QUALITY Water Quality. When |listened tothe audio recording ofthe Zoning Board ofAppeals Meeting regarding mnyrequest,| noted that someone was concerned about water quality and the location nfour omndcaymterns. After the September Town Planning Board meeting discussion ofthe Subdivision Survey map that my brother's children initiated without my knowledge that failed to identify the location of the separate septic systems,location of our source of water,and forgot a significant portion ofour cottage,and added f|oomtothe cabin |naddition tnnot discussing their plan for subdivision with me, I answered all the questions that were asked of me by the Town Planning Board,after accurately answering their questions |was Instructed tmhave the survey updated. |did used mseparate surveyor, | tsubdivisionsurvoyprepnredandoaventeencopYes A0�5urvey|n�PLC�,mn�bav�anaccuru�eoom�� e were delivered tothe Town\nDecember 2O1S. (sincerely apologize for mmylack ofknowledge ofhow the process works. lammarookie. | didn't know what tqexpect-or who tuspeak toabout submitting an application. Someone expressed concern about the water quality and the health and location Of Our "seperate"septic systems. During the December 18, 2U15Town ofCWaenmburyand the APA site visit ||th i d tothe best ufmyobiUtyasvvevva|kedabout our vv� d|scusxedmyreaponsesto� erqueu questions property. K4ycottage\mused\nthe sunnrner' r|marUyaa|tseasono|. \tisway down hill (10Ofoot vertical drop from the public road tmthe vvater). The driveway is not passable with snow orice and | want to check on the cottage, |snowshoe|n. The public road |mahuutthreehundredfortyfeetfromthe shore. The flat places are the main parking area and the public road. May ofour Immediate neighbors are onasteep slope also. \snovvshoe down the hill tuthe cottage that which isabout eighty feet lower than the public road. | have myseptic system refreshed every several years tnremove any sludge or i other products inadvertently fIushed down the toilet by visitors who may not be familiar with how to well for I have had no instances of leakage or backups so I believe that it is functioning properly and well. I did service both septic system before my brother moved in and took over responsibility for the cabin on Lot A. He was a man who liked doing llis own thing. I think that It is important to note that my family is very Interested in environmental concerns and Lake ter quality has been a subject of study. They have been active participants on the Lake George water frequents tile ters off the end or our dock routinely. MY wa George Floating Classroom vessel that classroom often comes Into our bay family was amazed that the Instructor stated that tneiF cleanest water on Lake George� obviously fromwhere they consistently find some of the clearest a our perspective that is great to knowl From and instructional perspective,it is important to not only demonstrate the difference but to enable the students of any age to discover the difference on such a great scientific tool as the Floating Classroom. ZBA ITEM1. Whether an undesirable change innge will be produced In the character of the neighborhood or detrimental to nearby properties be created by granting this area variance? We are dividing one piece of property that has been In our family for over one hundred years into two separate lots that contain independent dwelling units that have coexisted in the same location for the same seasonal purpose for ninety-three years. Subdivision of this property does not change the character of the neighborhood and is not a detriment to nearby properties. We are not proposing to change anything except provide'individual ownership rather than continuing to hold a Tenancy-in- Common Deed where either party can decide not to pay their bills or their share of Joint responsibilities such as taxes,or to perform or take responsibility for pay for maintain and repair of their property or property they share,leaving the expense for others to pay. Please see the research and analysis below to visually see the Town of Queensbury data displayed on the three separate spreadsheets of neighborhood properties with regards to acreage, lakefront and Square Foot Living Area (SFLA depicts whether a property fits into the neighborhood or stands out as being significantly different from its neighboring properties). ZBA CONCERNS AND OUR REVIEW OF IMPORTANT TOWN OF QUEENSBURY RECORDS RELATED TO OUR REQUEST TO SUBDIVIDE The first contact that I had from my attorney was nine days after the January 20, 2016 Zoning Board of Appeals meeting. I listened intently to the audio recording of the Zoning Board of Appeals meeting regarding our request and learned that there are onumber of concerns expressed bythe Zoning Board and some |nthe public hearing. There were statements made that the entire neighborhood |a /ma rn)M\nmuri two acre zone and that properties inthis zone also require otleast one hundred fifty feet of shoreline as well,as other setback requirements from the lakeshore and property lines. Specific requirements exist regarding minimum space requirements for access to public roads, etc. After listening numerous times,we copied down the minutes that we understood from the audio recording and then began to research the Town data and try to determine if there Was any factual evidence that would support our request. |tappeared that soon noone could ever live there anymore because nearly everyone failed hn meet the minimum requirements even though their residence had been built and lived incontinuously for the better part mfone hundred years. Had vvebeen zoned out ufour property? VVesaid to each other,how could this be? What have vvedone wrong that wecannot even live here because of the current zoning rules that did not exist when our dwellings were built byour family|nthe 292Usorbefore. What ndaunting task infront ofurtotry tounravel the situation that wefound ourselves In. All The Burnett FamliyTrust wants is to preserve our Burnett Family legacy HERE atLake George and enable my brother's heirs to be able to close my brother's estate that is tangled up in the Tenancy—In- Common Deed gifted to us many years ago by Our parents Without any knowledge of this transaction by the recipients. Our ancestors,Great Great Grandfather Andrew Burnet and his family have owned land on French Mountain and Lake George for over sixteen decades—163years. This piece ofland iuthe last piece ofa number nfholdings where our family once lived, I've been a co-owner since 1g8ywhen our parents gifted the property toumTanancy-|n-Common. This specific piece nfland has been passed down through four generations the two dwellings remain on thelocation where they were built In 1921 and 1923. We initiated a search of the Town of Queensbury records with the discussions that transpired at the Zoning Board ofAppeals meeting foremost|nour minds. VVasearched records, developed the spreadsheets, reviewed the intent of our request and provided greater clarity to our application and grater details in our answers to questions posed by the Zoning Board of Appeals and the public , We have provided an updated final Subdivision Survey Map,greater detail in our request and critical evidence that our request will not be detrimental orhave any negative impact onthe neighborhood. The character mfthe neighborhood will not bealtered and vvehave no plans toreplace our cottage. We understand from extensive discussions with QLjeensbury Planning Board and the Adirondack Park Agency that if anyone wanted to change and/or replace their dwelling that they Would have to apply through the Town ofQueensburyPlanning Board and Zoning Board, and upon approval submit detailed ' plans for subsequent approval before ANY work could be done. If| were wanting tmbuy a property ' ANYWHERE, it Would beincumbent upon me tuconsult with the \oom|government planning and zoning officials tndetermine what| could DObefore ypurchased the property. This isnot rocket science. Buyer Beware. |cannot see anyone purchasing property on Lake George having that much money to invest and not having time to investigate what the local zoning restrictions allow property owners to do. Some people however are not very smart, but usually those people do not have very much money. We gathered facts from the records to demonstrate that our proposed Subdivision was a good Idea and not anintolerable one with regards tochanging the character ofour neighborhood. We assessed whether our proposed subdivision would make an undesirable change to the neighborhood and would and change hedetrimental tqany other properties|nthe neighborhood. Our research of Town Of QUeensbury records included shoreline property maps that I have included in this package for Your review and we have Included additional information to clarify and highlightour research. Our Grandfather was born on French Mountain; my Father carne here for his entire life; I've been coming tmour Lake George property for nmyentire life and Our children and grandchildren follow in our footsteps, over my life, I visited many of the properties in our neighborhood. We've developed very good relationships with our neighbors, We've also printed photos from town records ofproperties in our neighborhood that| have not included but can make available for your review|frequested. We've gleaned important information from the Town of QueensbUry shoreline property maps that depict property tax number,acreage, lakefront and the layout ofeach property, VVedeveloped three oats of spreadsheets: acreage per lot; lakefront per lot; and Square Footage Living Area/5FL&\per lot from availabie data from Our neighborhood to the north and to the South of our property, VVe\/e highlighted in yellow the Burnett property that we propose for subdivision Weve arranged the spreadsheets frorn smallest acreage to largest acreage;from smallest lakefront to largest lakefront;and from smallest SFLAtothe largest 6FLA. VVehave listed all street addresses that were available, We've \denLif\mdall properties inour neighborhood that are |ncompliance with- the twoac,emin|rnom lot size; - the one hundred fifty feet minimum shorefront; - and we've researched the records and listed of smallest to largest SFLA to help demonstrate neighborhood character. ' We've also highlighted those properties that appear tmbeout mfcharacter from the existing neighborhood dwellings; (most of our neighborhood was constructed in the last century. Neighborhood Character changing properties are highlighted|nlight blue highlighter - Dwellings with very high SFLAare identified |n "orange"type, - Lots that are two acres orlarger|nour neighborhood are identified|n "rmd" type. - SFLAover 3,SO0square feet are identified |n "cnaromn" type. - Lakefront mf150feet ormore 1sidentified in "dark blue"type. - Properties with two or more dwellings on a single lot have SFLA Identified in "clark green" type. q i cry 49 • W7 It CF TOM tfr ry q I Mixt -Y1 �r x �' Ar i .i rh Sii:A lfyw ' K 1;1l:CI 4#14„CS A f E 39,17 h 35T MATCH UNE 0 i i fY� ft �! ilfx�tCf 30 MATO \f 3,09 A P/4 239.18-1 TLE P/0 239.1B-1-1 WARRElt COUNTY REAL PROPERTY SERVICES � •" �'��" �.w...�,. mmmm .µ.rw 4X Y t .Ar[i :AM"4 *; �v.r�r frui v' .v'x.n nrr3 r«,w s•X°«..r w,wrw,rrgxn rur„ �C .. rw i�.. ..W.. ....... KM .. 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CU Lu1 4J Lb ++ V3 h y r ry N CF G L!3 s 41 Lrs LI7 � VT LfljL ( L� < C}� C7 p j «C3 !QqG t 7 e-i 0) d -i 00 co r{ M r, H m m H � en � a RYs X 4t N C' rr-i H Lc1 + r�-i d rmli rri rr-i """"� R`J tai Ct CC) N RV H C4 f� iti r i r 1 c 1 r i r1 v i V- Vi o of 6 C Cid Cls Cl1 Cat � C35 m Cas Cfs Ctr l C31 m m m m m m m m m ro m '.m R1. N N N 1]Cs N N N CIJ ,N N N.P'4 N k N 7 DATA ANALYSIS OF OUR RESEARCH: Nearly all the twenty-one lots from Our subdivided lots south in Our neighborhood are well below the minimum two acres required. To the South of our property,the acreages range from .17 acres to 1.04 acres with the exception of a single lot(239.17-1-13) in Plum Bay that is 2.53 acres, our lots would be .66 acres each and rank seventh largest of the twenty-one properties south in our neighborhood. To the north the twenty-two.lots the acreage ranges from .26 acres to 1.71 acres(most are less than one acre,with two lots that are about 1.3 acres, an(]one lot that is 1.71 with a single lot with 9.63 acres, Our lots would rank thirteenth largest of the twenty one properties north in Our neighborhood. Of the fifteen lots in our neighborhood south the range of lots with laicefront vary from ten feet of two hundred fifty seven feet with only three of the fifteen having tile minimum one hundred fifty feet. Our lots would ninety feet of lake front each which Is In the middle range of lake front. On the north side of our neighborhood there are twenty lots with lakefront ranging from twenty five feet to five hundred forty-eight feet,with seven having lakefront between one hundred fifty feet and two hundred feet. one lot has two hundred fifteen feet and one has five hundred forty eight feet. The median lake front Is one hundred six feet, our lots would have ninety feet each. To the South, SFLA ranges from 420 Square feet living area to 6531 square feet living area. Four dwellings have between 2263 and 3292 SFLA and two exceed 4696 square feet. To the North, nineteen lots have SFLA listed ranging from742 square feet to 4555 square feet. The sr A,for most dwellings Is below 2000 square feet and three ranging from 3532 to 4555 square feet. The Burnett dwellings are slightly below the median of2000 square feet. Burnett subdivided acreage and lakefront are in the mid-range for our neighborhood, Our SPLA is slightly below the median level for all properties with SFLA listed. Our subdivided properties fit in the middle in all categories related to our neighborhood. ' PHOTO HISTORY OF THE BURNET . DWWNNGS: OuG��d� �n�had�/��m��|n1�and1�^ �� r bmnd�n�d\ar�etwnto�--t6�rnnthatw�suo�dph��tol91B^andwo$ A" c�\dnwosb�A|�ov�ro»� , - hi|ehnnGn�vWthhmr oubsequendyabandoned after our Grondrnothervvaocaught\nahor�hn storm while whUeOur Grandfather wvasdriving his\ocornot|veonthe uoanRailroad )nVermnmnt ^ two stepsons photos oftent and cabin through the Years)' T�� "Lot 8"cottage was built aganinvestment for summer vacation rentals by mY Grandfather and continued byour Father until nybrother moved into the upper cabin on Lot A. In response to David�mk\n� responsibility cabin on Lot A, |took responsibility for the cottage onLot 8' Vmfreshened opthe rental cottage with new paint, voUboar6'furniture mtz^'and d footprint es�ab\|sh�donthedaYit««ambuUt (me� rn�6�i�verycm�y. Co�t�� Brmmna\nmon�hmpre m� . photos). civic SERVICE I've lived In the cabin on Lot A longer than in the cottage on Lot B and know all the nooks and crannies of each. { know the water system,the plumbing system,the heat and electrical system,zneroofanv chimney and the location pfthe septic sY»tem' |k oyhow nydock and when |tneeds repairs. I've dh b$r$\nJis1rasoand helped neighbors on both �dosdudn8the rnos¢recent hurh«ane. I've rescued �m Grandfather after accidents; I've been mstevvardofthe land,nvatmrand»»||d|lhmthat rnyGreat Grana cherished. I've served nn Defense efemsefpr many decmdes. Veare nnasteep hill between the points and bays. our Great Grandfather was the first of our fan i\y toowl, \ahmproperty over m hundred years ago. His parents farmed�noraotothenorthnmrthvostor th handone� ch\tk�nfmrm the Lockhart K4uunto\nRoad below the Top ofThe VVodd Go[fCoursonear ea � k|n� and old schoolhouse, now converted into mtwo story house. The view from their home uYasovproo Assembly Point,C|everda|e,and Long island. ZBA Photos 1. Tent platform 1921 2. Early Cabin on Tent Platform 3. Lot A cabin today 4. Lot R cottage 1923 S. Lot B cottage today—, same footprint G. Driveway looking toward Garage on Lockhart Loop from south edge of main parking 7. Snow covered driveway and main parking looking toward Lot A cabin H. Snow covered Lot B cottage 9. Looking from Asphalt pat toward Lake George along subdivision line 1O.Encroachment decks and mud room added by David Burnett 11.Photo of William H. Burnett's cottage with William 1-1. Burnett standing in front of porch 12.William 14. Burnett credentials 13.Civil War Soldiers John Hart and Alexander Burnet IN,",� rt;r.*,— r ` 4 � 3,• "> +t�� ,l ,;. R• V{' �Y - �"`+S aw �i {1e z a ,�i �� '��il. 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"4"+�"� „�"4,+..r`�!y1ya.,f•� Ty+...,,,,�.mJ�.�.�y!".s, , .,<r, '4w..�,✓J',.z. .s! -. �GJ-�� .1+,..xf.✓-*,...;�..d�` ,+,. v,s.,�.,s-' . + # rn J r { 7rS Mik1} S # .. oy, l f xM 1. / r' SETBACK REQUIREMENTS: l note your concern regarding the setback requirements between dwellings that were constructed over nine decades ago by my Grandfather Andrew and his brother,our Great Uncle Bernie. The dwellings were constructed in 1921 and 1926,decades before we and many of us were born. The Old Mountain Road that traversed our property had switchbacks and was constructed of gravel and dirt. It was used by horses drawn carriages and wagons and in the wintertime, sleighs to drive to our Great Grandfather William H. Burnett's cottage just to the north of our property. The Old Mountain Road was used to carry people,supplies,lumber, and in the winter time to draw loads of ire cut from the lake to nearby ice houses for summertime refrigeration. Our Grandfather had A large platform tent platform built to the north,uphill side of the Old Mountain Road. The cottage on Lot B was later,Just to the south,downhill side of the Old Mountain Road. The Old Mountain Road was constructed before our dwellings and ran between them descending down the hill In back of the tent platform/cabin and then turning to the right about one hundred sixty degrees and passing between the cabin and cottage toward Willian Fl. Burnett's cottage to the north. Today, many places along the Old Mountain Road trace are overgrown with trees since it was last used before 1954, sixty-two years ago when our Grandmother and the neighbors to the north and south each installed blacktop driveways for an easier and more surface for transportation up the one hundred vertical feet from the lakefront to the public road at the top of our property. Over the years the cabin on Lot A which was a small single floor seasonal dwelling was expanded,first adding a front porch and later a side l7orch. Later,after my brother move into the cabin,he added a number of decks and a mud room to the south side of his cabin,expanding the width of the building about seventeen feet to the south,and ten feet on the north side as well as a deck that extended from the front to the back of the cabin. Each spring when I returned to the lake after the winter I was surprised with another wintertime building project that I had no idea he was going to be build. My Cottage on Lot B has the same footprint as the day It was built. SETBACK TOTHEPROPERTY LINE Close living|nthese two dwellings has worked well for nearly ninety-three years, Our living close to my brother since 1991,almost a quarter of a century worked reasonably well.We grew up with it. Even when we were in the cabin and other people,either renters or visiting relatives,were in the cottage on Lot B,living close was not aprmb|em. Everyone respected each other's space. VVelived next toDavid and his family since I991until the day had|ed,nearly twenty-five years. |fwmcould live that close 1u another family for that long,we believe that there is no reason that we will not be able tncontinue this close tmanother persons' dwelling for the foreseeable future, The dwellings while relatively close are seasonal, on a rather significant hill that precludes car of truck access with snow or ice on the ground. The placement of the dwellings while adjacent to each other are staggered,one dwelling being up the hill and the other dwelling being down the hill from each other like similar to a diagonal space on a checkerboard. This arrangement pn the hillside has coexisted since the last dwelling was built in 1923 and itisnot aproblem. I've lived there in both dwellings for my whole life and this arrangement works fine. There is much more privacy than you would anticipate because the dwellings are staggered west tweast and also staggered onthe vertical plane. You may have to see|ttmfully understand what | have tried todescribe for you. My greatest concerti regarding the limited space between the dwellings was the need to have adequate room for each of us to be able to maintain and repair our respective dwelling units. VVoare currently drafting a right of way/easement whereby we would establish a right of way five feet either side of the subdivision line between the dwellings to enable each owner to have sufficient access to maintain and repair our respective dxveU|nQ$. |naddition tnthat purpose, |would greatly favor restricting any vehicular traffic operating between the dwellings to an electric golf cart type vehicle for the specific use oftransportation upand down the hillside toenable handicapped ortemporarily disabled persons ' to have access tmthe lakefront. Both dwellings have been used continuously on a seasonal basis each and every year except during the War 11 years when goods and services were rationed in order to support the war effort and so very many soldiers and sailors where so many men and some women were overseas,actively fighting for the freedom ofEurope and the Pacific. When Our Father returned hmmeafter the war hetook some time to readjust and he cleared away the brush that had grown LIP while he was gone and made any necessary repairs as well as doing a thorough cleaning of the rental Properties that had not been used during the war years. MINIMUM ROAD ACCESS: In 1954,Grandmother Burnett had a blacktop driveway and parking area carved into the side of the steep hillside and also had a crib rock-filled dock built on the shore. The driveway, parking, dock have been shared between the dwelilngs since she had them Installed in 1954. We propose to write Into the deed that the driveway will be shared along with the responsibility both parties to clear debris, and maintain and repair the driveway and parking area when Such tasks are necessary for proper maintenance. our neighbors to the north have the use and maintenance of their driveway and parking area written Into their deeds, The neighbors to the south of our property also have share(] their driveway for decades. The majority of the residences In our neighborhood share private access roads and driveways. We are planning with care to eliminate and future misunderstanding of responsibilities with regards to our driveway access, parking and maintenance and repairs to promote harmonious ownership of our properties. ZBA ITEM 2. The ALTERNATIVES TO SUBDIVISION request are: a. For my brother's estate to never be closed and his children not having access to the equity in his estate and they pay for upkeep and taxes. This Is not a good option. b. That I continue to pay for upkeep, maintenance and repairs as well as school and town and county taxes without ANY contribution from my brother's estate or his heirs. This Is a very poor option for me. c. That the estate administrators consider lowering the price to a level that i could afford should I have any desire to Purchase their share of the property. d. That I change my mind and no longer desire to keep my share of the property that I love and have labored over and want to keep In my family forever. ZBA Item 3. IS VARIANCE SUBSTANTIAL? Regarding whether the variance is substantial or not is a question of perspective from my viewpoint. The town requirements for planning purposes with regards to acreage, lakefront and wet backs for properties that were Wilt many years before the town had a planning and zoning office isvery disconcerting to a property owner, especially any property owner with buildings built nearly a century ago by people who are no longer alive—dead builders. We have existed side by side since 1923 harmoniously, We have been told that if we ever decide to rebuild that we must use the exact same footprint of the building we are replacing when I listened to the audio minutes of the discussion of my request, I heard the opposite and it greatly alarms me and it should alarm every other property owner In the Town of Queensbury, I understand that any plan to rebuild,which I have no plans to do so, would require going through the Town Planning Board followed by the Town Zoning Board and having, the plans for the project approved by the town,with or without variances. As I stated earlier, the requirements do not fit our neighborhood for acreage and for lakefront. My mother had just been born when the first building was constructed and I was not even a twinkle in her eye. I cannot increase the acreage and I do not plan to move my building to gain additional space between the dwellings on Lot A and Lot B. Having one driveway access works for many other residents In our area and it has worked for this property when Our Great Grandfather owned the cottage next door and this property. If asked if I would have any problem with removing the decks that encroach on our proposed subdivision line, my answer Is that I am in favor of the removal of the existing decks on the Lot A cabin. Only two properties in the neighborhood meet the minimum two acreage requirement;only half of the properties In our neighborhood meet the minimum lakefront requirement. ZBA ITEM 4. ADVERSE EFEcT OR IMPACT ON PHYSICAL OR ENVIRONMENTAL CONDITIONS IN NEIGHBORHOOD ? Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions In the neighborhood or district. I ani approval of tilts subdivision and any variances that might be required will not have any adverse impact on the physical or environmental conditions in the neighborhoocl. How could they as all we are proposing is to subdivide the prol)erty that has been there for over ninetyyears. This subdivision request DOES NOT INVOLVE AND CONSTRUCTION-just a subdivision line ill)the asphalt pathway-NO FENCES; NO DIGGING;JUST IRON PIPES IN THE GROUND. Anyone wishing to alter the property or rebuild will have to present their proposed project to the town planning board and the town zoning board and obtain permission to(lo so. We are not doing that and we have no Intention of doing that In the future. Having the two dwellings on the property for nearly one hundred years has not caused any physical or environmental conditions that atIversely impact the neighborhood. ZBA ITEM 5. Whether the alleged difficulty was self-created. Whether the alleged (lifficufty was self-created, The request for subdivision was not created by either party. The dwellings were constructed by our Grandfather in 1.921 and 1923. We were not alive until many decades later, My brother by adding on to tile cabin between the dwellings added to the problem by further re(luchig the amount of setback that the town requires,but when the dwellings were constructed setback requirements did not exist in the"Town of Queensbury and by current standards,there never was the amount of space between these two buildings built so long ago that the town now requires. It should be apparent I have no desire to continue to pay other people's share of upkeep, maintenance,repair or school and town and county taxes that are duly the responsibility of the rightful owners or the estate of the'rightful owner. ATenancy-In - Common Deed is a very poor choice for most people. I welcome the time when I can be responsible for my own property because tile expenses that I incurred could have replenished my retirement plan that is depleted,paid off the mortgage on my house rather than having to further mortgage it of put a deserving student through a great university. SUMMARY IIJUITSIMPI.E. IT IS COMMON SFNSF AND A CORE VALUR We(lid not create the alleged difficulty. otir Grandfather had the two dwelling buitt in tile early 1920s. WE had nothing to do with tilts. Our request is simple request to enable my brother's estate to be settled and Ills heirs to inherit what lie owned by granting thcIll clear title to tIlCil'share of the property and also to grant me clear title to my slial-e of the property that I like my parents,their Parents and our family members that have gone oil before us have worked bard and sacrificed to build,Improve and maintain this property while doing our civic duties in our coin nill nity and our nation. Is this niore about rules we are applying to old things or about fairness in the difficult situation where we find ourselves, Isitfair that myfancily should have to sacrifice our scarce time and resources working for and paying for the obligations ofothers forever? Many Of our neighbors have older dwellings that would not likely be approved for building so close to the lalce. Many have dwellings that are located too far from a public road that were built at a time when this requirement had not been established. We take care of our property. We repair what needs to be repaired. We maintain what needs sonic TLC, We paint what needs to be painted. We respect our neighbors and help then when they need assistance. We look out for each other and do what Is right. We appreciate our friends and relatives who refresh and renew their body and their spirit by being here.The seventh generation of our f'anilly currently loves Lalce George,loves our family history,loves our cottage,loves being together and loving each other. Tile Sign outside our cottage says"One hundred.Thousand Welcomes." The sign inside on)- cottage says"here May all be blessed who enter." I do not see where there is a substantial variance when compared to our neighbors' properties in our neighborhood. If this is not true,then nearly everyone in our neighborhood except a couple newel-lionics in Plum Bay and the newer homes in tile colony in Dark Bay one need substantial variances oil their property. it is my hope that YOU SOO that the minimums established for our older neighborhood which has been here for close to one hundred years do not easily fit into the requirements established for our area without being granted variances. Two dwelling out of thirty nine In our neighborhood have the inininlum acreage. Twelve out of thirty-five prol)erties have the inininittin waterfront of 150 feet, Most properties in Our neighborhood share driveway or have a common access road that is n6t a public road Many older dwellings do not have the required setbacic from the shoreline. Post Script: How do others stack tip? Do other dwellings need relief? Or is it just LIS? From the information that we gathered from the Town of Queensbury records,we do not see that the subdivision our property will be detrimental to our neighborhood of be out of character with the dwelling that currently exist in our neighborhood. We do not meet minimum zoning requirements but we are not changing'ianging anything except ownership from Tenancy-in-Common to individual ownership which will be a very good decision In enabling my brother's estate to be close to being closed, by enabling someone to perhaps repair my brothers cabin rather than allowing It to deteriorated, by cutting the umbilical cord to my wallet and enabling me to only be responsible for my family and not having to support someone else,and perhaps rather than doing this, I could have a vacation at least one more time In my life rather than spending all my time working to pay for obligations that legally belong to other persons that I DO'NOT WANT TO PAY. Thank you for giving me an opportunity to share our story. Respectfully, P tlt't'�4'ff Stephen Andrew Burnett &