Clients letter to the Town February 21, 2016
To: Town of Queensbury Zoning Board
From: Juli, Shari and Andrew Burnett as Administrators of the Estate of David Burnett
Re: Applicants: Burnett Family Trust & Estate of David Burnett
Request for subdivision approval 11 Andrew Drive
Dear Zoning Board,
We are the Administrators of our father's (David Burnett) estate(the "Estate"). As
explained within the subdivision application filed by the Burnett Family Trust (on behalf of our
uncle Steven Burnett), our father's estate owns a one-half interest in the property located at 11
Andrew Drive (the "Property"). The Burnett Family Trust (the "Trust") owns the other one-half
interest. The Property has been in our family for over 100 years.
The Property contains two cottages both of which were constructed in the 1920s. One of
the cottages has been used by Steve's family for the past several decades and the other by our
family. It is our understanding that up until 1987 the Trust cottage was on its own parcel and the
Estate's cottage was on a separate parcel. Via deed in 1987 our grandfather combined the two
parcels to create the existing single parcel owned by our uncle Steve and our father as tenants in
common.
Unfortunately with the passing of our father circumstances have changed. As a result, the
Estate needs to sell its share of the Property. This cannot be done unless subdivision is granted.
As can be seen by the survey provided to the Board, the Property can be easily subdivided into
two parcels. Our uncle Steve continues to enjoy his cottage, something that he has done since he
was a child. Accordingly, a subdivision would not only benefit the Estate, it would also benefit
Steve/the Trust.
We understand that the Board has concerns with the relief sought. However, subdivision
will not change the use of the Property nor will it increase the density as anyone buying the
Estate's parcel would be simply using it in the same manner as our family has since the 1920s.
This is a very unique situation and will not create a precedent for others in the Town. This is not
a situation where subdivision is sought so that one of the parties can build a new cottage/house
thereby increasing density. Instead, we are simply seeking to return the Property back to the way
it was pre-1987.
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On your website, you post the following questions regarding an application for an area
variance:
1. Will granting this variance produce an undesirable change in character or a detriment to the
neighborhood?
Answer: No. If subdivision is approved there will be no changes whatsoever in the character
of the neighborhood.
2. Can the benefit sought by the applicant be gained by any other feasible alternatives?
Answer: No. Both parties had previously commenced partition actions in the Warren County
Supreme Court. After some additional discussions it was agreed that subdivision approval
would be sought. If subdivision approval is denied and the matter is returned to the Court
then the parties will be left with either an order from the Court granting partition, or
alternatively, an order from the Court requiring the sale of the Property as a whole. The sale
of the Property as a whole would negatively impact both parties (Trust and the Estate) and
would deprive the Trust from retaining the property that has been in the family for over 100
years.
3. Is the relief requested substantial to the Ordinance requirements?
Not based upon the historical use of the Property. Again, the relief sought is unique as are
the facts and circumstances of this Property. No precedents will be set.
4. Will the relief requested have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
No, not at all. We are not seeking to increase density or change the use of the Property.
Everything will remain the same if subdivision approval is granted except that there will be
new deeded owners of the portion now used by the Estate.
5. Is the relief requested a result of a self-created difficulty?
No. The cottages have been used as is since the 1920s and the current parties had nothing to
do with merging the previous two parcels into one in 1987.
Thank you for your consideration on this matter. Again, if subdivision approval is not
granted then both the Estate and the Trust will be adversely affected both financially and
personally as the Trust will be deprived of its ability to utilize the Property as it will have to be
sold.
Very truly yours,
Juli, Shari and Andrew Burnett.
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