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Application TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY, 12604-5902 December 21, 2016 Frank Perrotta, Jr. 43 Talcott Range give East Granby, CT 0602 Re: Single-Family Dwelling Assembly Paint Tax Map Parcel: 239.7-1-3 Dear�Ir. Perrotta: I am writing you with regards to my review of the application and plans submitted to this office relative to the above-referenced project and to document the conversations between your agent; Dennis MacElroy and Laura Moore, of my office. Upon my review T find that your proposal will require Area Variance and Site Plan Review prior to the cornmen hent of the project. Specifically, an Area Variance is required as the proposed construction is in excess of the maximum allowable height limitation of the Waterfront Residential; (WR) district. Site Plan Review is necessary due to the construction site being within 50 #t. of slopes greater tban 15% and because the project is classified as a Major Stomwate.r project. I understand that you may be preparing or have already prepared the necessary application materials, 'as such; this letter serves as the necessary denial letter in the processing of your Area Variance application. Should you have any questions or continents regarding your application,please do not hesitate to contact this office. Sincerely, Craig Brown Zoning Administrator. CWsh Cc: Dennis MacElro LACraig Brovm\2016 Letlm\Denial Perrotta 12W21_16.doc " Home of Natural beauty ... A Good Place to Litre " Illlllllll�p� -: -_ ENVIRONMENTAL dE$tGN PARTNERSHIP, UP December 14,2016 Town of Queensbiiry Zoning Board ufAppeals 742 Bay Road Queensbury,NY 12804 Atte: Steve Jackcski, Chairman Re: Perrvtta residence- Sunset Hill Farm Subdivision ]dear Steve: Submitted for your review and distribution are 15 sets of Area Variance application documents for the referenced project. Included with the application, Variance Flan, architectural floor plans and elevations, survey and deed is a denial letter from the Towns indicating the need for re,1 ief ft m existing zoning regulations. The project involves the development of 5.52 acre vacant parcel with a new single family residence with an attached garage. One variance is being requested fvr relief from ordinance standards as noted on the attached description. By copy of this letter Wo request a waiver for submittal of several items listed as part of the application documents that are not applicable to this residentlaI project. • A waiver is requested for provision of details for handicapped access and parking, loading areas, signage and lighting- o A waiver is requested for provision of details for breakdown of commercial use areas. Thank VO LL for your consideration of this variance request and I look fonvard to meeting with the hoard at a January meeting. iricerc ly, Deonis MaoElroy, PE Environmental Design Partnership Attachments Cc. Frank Perrotta Michael Borgos , Stephen Adler i DEC 15 2016 900 Route 146, Clifton Park, New York 12065 phone (518) 379-762.1,-f ,[;( } t t;li�' ' Area Variance Revised June 2009 fax Parcel ZD Number; 239.7-1-38 eneral Intormation Zoning District: WR Detailed Description of Project [Includes current a proposed use]: Construction ota single family residence(approx. 3,800.5f footprint including I;ara ]e an a vacant x,52 �cr rrnrcel whinh includos 40 if of frontage on Assembly Paint Rd.. Access to the parcel is from an ingresslegress easement to Knox Rd. The lot eve opment includes a onsite wastewater system,a stormwater management system and a drilled well Location of project: On A,%Smbl)112 inr u-ith.aQcfss to the Int finm Kn€sx Rnad_ A private driveway n1ipnsit2.53Knnx Rnnd -mryng;AC tho, Int access Applicant fume: Frank Pcrrotta, Jr. Address: 43 Walcott Fznge Dr_ East Grauby,CT Home Phone Cell: Work Phone Fax E-Mail: fperrotta@a practisource.cvm f:4:,•__ - ": Y '�.`; Agent's Name: Dennis WcElroy Address: EDP-4 GF Tea Park,45 Glens Falls Home Phone 792-8200 Cell: 376,4455 Work Phorie 761-4317 Fax 761-0317 E-mail dinacviroy ped 11 eom ,'0wner'9 Naime Address same as applicant :Home Phone cell `Work Phone Fax -E-mail Town of Queensbury•Zoning Office -742 Bay Read - Queens"aury, NY 12804 • 518-761-d738 I Area Variance Revised June 2009 Site Development Data Area 1 Type Exiting sq.it. Proposed Total sq. ft. Additions . ft. A- Building footprint 0 3,455 3,455 B- Detached Garage 0 0 U C. Accessory Structure(s) 0 o 0 b- Paved, gravel or other herd�sorfeod area — 0 5,580 5.50 E- Porches) Decks 0 1,470 1,470 F. Other 0 0 0 G. Total Nan-Permeable [Add A-F] 0 10,505 10,505 H- Parcel Area [43,560 sq. ft- 1 acre] 240,450 240,450 240,45 I. Percentage of Impermeable Area of Site [I;-- IHI 0 4- }a 4-37% Setback Requirements Area F equired Existing Proposed Front [1] 30 24 Front [ ] 30 NIA Shoreline 7. 50 604 - 5 - 81 (N) Side Yard 12] 25 - 364(S) Rear Yard [1] 30 _ 56-6 Rear Yard [2] 30 K{A - Travel Corridor - N;A Height [max] 28 - 35.7 Permeabilit}r 7511/4, 10-0% 95,63% No- of parking spaces 2 - 2+ Town of Queensbury-Zoning Office- 742 I3ay Rn-,A- Q!Arrenshury, NY 128G4 -518-7618238 Area Variance Revised June 2009 Additional Project Information 1- Will [he proposal require a Septic Variance from the Town Board of Flea Rh? n° 2. If the parcel has previous approvals, list application number{s}; 1493 Subdivision- Sunset l till Farm 1 Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? yes 4- Estimated project duration-. Stark Date April 2017 End Date Dec. 2017 5. Estimated total cost of project: 5400,000 B. Total area of land disturbance for project, 27,300 sr Floor Area Ratio Worksheet FLOOR AREA RATIO (FAIL) -- 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 Dltrict Symbol Floor.Area Ratio [FAR]. Waterfront Residential VVR 0.22 Commercial Moderate l M 0.3 Commercial I ntensive C I 0-3 A. The cornbined area of all square footage, as measure from exterior walls cf 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; 09en deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (1 0) square feet or less. Any additional sheds will he included. (See'FLOOR AREA RATIO"). B. Commercial or industrial, the total area in square feet as measured from the exterior of the autside 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 240.450 5q. ft. Existing Floor Area o sq. ft. see above definition] Pro used Additional Floor Area 863 i _ s(Proposed Total Floor Area �U l. — sq- ft- Tota I t-Total Allowable Floor Area 52,B9 Area x 0,22 see above table Town of Quee11SbL11}J -Zor,in� Office- l42 Bay Road - Queensbury, NY 12804 -518-761-8238 � Area Variance Revised June 2009 Compliance mfith Zoning Ordinance Requesting relief from SECTION: 179-1-040 A(5)(h)[9] Need relief from the requirements) listed below which can not be met by the project as proposed_ pwco;aiimi� tapp+rl aetbock E:] }3uff'er Zcne ❑ Ii)tWidth ❑Giber building height The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. I. Whether sn undesirable charge will be produced in the character of the neighborhood or a detriment to nearly property will be created by the granting of this area variance? The granting of this variance wi11 not produce a change to the neighborhood or a detriment to nearby properties. The lot in apprminarciy 654'from Assembly faint Rd.,with one existing house approximately 2 00'away but any others over 540'++'-. _ Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a area variance? The benefit arthe specific house design can only be achieved through the approval of the requested variance. The siting of t o houso an (hu p 8ccn7cnt of the lIDUSC c Evat1on into the existing grade o I the slop ing site he 1ps to mitigate the ui tng llfflg1l de-VIA10611.. 3_ Whether the requested area variance is substantial' The requested variance could be considered moderate to substantial when considering just the numerical cwp_p, rison_ 4, Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? The granting of the proposed variance is not expected to have an adverse impact oa the physica[_or environmental conditions in the neighborhood_ The visual impact of the residence is miniinized by its remote location and existing VPoatatinn buffer Whether the alleged difficulty was self-created? The necessity for the variance was self--created. Town of Queensbury - Zoning Office• 74.2 Bay Road •0Ueensbury, MY 12804 •518-761-8238 4 Area Variance Revised .lune 2009 Submilt8I of a stamped and sign8d SURVEY MAP depicting existing and proposed conditions shall include the items as noted below- GENERAL elow-CENERAL si10W N ON .SHEET# 1 Title,flame,Add ress of applicant S person respwslble for preparalion of drawing -1,V-2 2 Deed attached 3 Norlh arrow,Tax Map ID,date prepared and scale[minimurh 11n,=40f.] -1, V-2 4 Boundaries of the pmcperty plotled to scale,zoning boundary Survey I 5 Principal structures, accessory slruclures vith exterior dimensions V-1 6 Site improvements incl. outdoor storage areas,driveways, parking areas,etc. axisling&proposed V_] V-2 7 Selbacks for al l siructures and Improvements- esdstl ng A proposed -I,V-2 8 Elevations and floor plans of all proposed and affected structures attached B. : . WA7ER&SEWER SHOWN ON SHEET# 1 Project eew&ge disposal facilities,design details,conslrucfion details,flow rales,and number of bedrooms proposed V-2 2 Water supply[i-a. well] &septic on adjoining lots with separallon distances to existing or proposed on-slle waler supply and V-2 s fir 3 Separation distances for proposed sewage disposal system to well and water trodies V-2 4 Exisling public or private water supply 1"11, lake, etc.]- Method of securtng publ[e or prlVate water, location, deslgn and V j, 2 construction of water supply Inetudf dially water uspc e 5 Percolatlon test location and results -I V-2 C. PARKING 1 PERMEABLE AREAS SHOWN ON SHEET# 1 N umlxy of spaces required for project including calculaUvna and justification: existing A proposed -1,V-2 Z No. of exioliryp parkrn9 aces, number to be removed, number to maintain and type of surfacing material e. .,gravel.pmd] V-1, V-� 3 Provision for pecieslrian end handicap access and parking. existing,&proposed 1,V-2 4 Dmign detiMs of ingress,egress,loading areas and cutting-- existing&proposed V-IN-2 5 Localfon and character of green areas[exisling and proposed],medfficatlon as green area, buffer zone to remain undisturbed -I V-2 6 Lighting,location and design of all existing and proposed outdoor lighting -I,V-2 []; AD[}ITIONAL.SITE.DEVELOPMENTAND MISCELLANEOUS :::::: : -.SHOWN ON SHEET# I On-site&adjacant walercneses,streams,rivers,lake and wellande V-1, V-2 2 Utifily(energy dislfbution system[gas,electric,solar,telephone]: existing Lproposed V,1.V- 3 Localion,design and aonstruGion details of all existing and proposed site fmprovements including- drains,culverts,retaining walls.fences.fire&emergency zones and hydranis,iatc- V-1,V-2 4 Square footage of bldg. area proposed for office, manufacturing, retail sates or other commardal activities- axlsting I A proposed is Signage' Location,size, type,design and setback; existing A proposed A I Waiver Request= provide lariat with appiKation requesting any waivers; please reference specific items attached g Oommeroial11nclusirlal peveiopment requires submission of Landscapfng,5tormvrater Management,Grading&Upbling Plans NA h ldenlification of Pederel.State or County permits required for the project together with a record of application for all necessary NA permits Town of Queensbury •Zoning Office- 742 Bay Road- Queensburi, NY 12804 •518-761-8238 � Area Variance Revised June 2009 Pre-Submission onferen Ce Form x179-4-0401 1. Tax Map ID 239.7-1-38 2. Zoning Classification VVR 3. Reason for Review: 0,ko r iC Ory i`'� h;c(L V, 4. Zoning Section { `�� � J Gf r y C Fc. awi �, e 1-[C 'f - 5 S. Pre-Submission Meeting Notes; Or . Deed ��" cZk, - VJ''Yes No General Information complete Yes No Site Development Data Complete Yes No61 Setback Requirements Complete Yes No Jit Additional Project Information Complete L/ Yes No FAR addressed Yes No C Compliance with Zoning Ordinance Yep No Checklist items addressed Yes No G ° Environmental Form completed Yes No Signature Page completed i Yes No Qfet f 1 4VL i+i Staff Representative; L, ApplicantIAgent' _! Date= Tavern of Queensbury•Zoning Office- 742 Bay Road - Quef rnsbury, NY 12204. 578-761-8238 ignature Page This page includes the 1,} Authorization to Arft a8 Agent Form.' 2.) Engineering Fee Disclosure; 3.) Aukhorfzatlen for Site Visits: 4.) Other Permit Respon sl bl I[ties; 6,) MUM Meeting Disclosure and 6.) Agreement to provide documentation required. OWNE=R`s AGENT FORM: ^ Complete Che following if the OVVNI;.R of the property le»ot ti7e same as the applioarLt 0wi3er, A5 agent regarding: Variance _Sake Plan Subdivision For Tax Map No,. section Block Lot Dead Reference: Book Page pate OWNER SIG MATURE: DATE; APPLICANT'S AGENT FORM; Complete the following If the AP P I.Tr A WT iA I Innhic;to winnri [hp rnAmffnn nr wishes t0 be represented by arlotheT peEiy: Owner: �_= '' �tiGJ� _L �*� Designates: 1-LL _ _ • As agent regard i V-Variance Slte Plan_ " Subdivision For Tax MapNo,, 2-AA. ion t Block Lot Deed Reference: B k Page data APPLICANT SIGNATUREL 2.) £N[33NEERING SEE 0[S LOSUE 1=: Applloaiions may he referred to the Town cansuliing engineer for review of sepft dealgn, storm drainage, etc. as determlried by the Zohing or Planning Deparimernt, Boos for engineering raviaw services will be charged dlr%lly to the oppllount. Pees for engineering rev[eww]U not exceed 1,400 w]Utaut noliticatlon to the applicant, 3.) AUTLiORI.ATION FOR SITE VISITS: By signing thls page and submltting the application maferlals attached hereln, the Owner, Appllaant, and h[slherltheir agerrt(s) hereby nuihor]�:e the Zoning 13oard or Planning Board and Town Slsff to enter the subject progsrtles for Ehe purpose of revievdng the applfcalion sul mltted. 4,) GTHP P MiT RESPONSIf31 E9. Other permits may be required for C4nSkuction or alteraticn activity subsequent to approval by the Zvrfin9 Board or Planning Board. 1t is the applicant's respcnslblllty to abtaln any addltlenal permlts, 5.} OFFICIAL MEETING,MI K11TIES MSCLOS ; Itis the pracilce of the Community IDevetopment Department to have a designated stena�rspher'tape rarord the proceedings of maetings reselling gram appllootiaD,and minutes transorlhed from talose tapes oonstltuivs. the official record of al I proceedings, s.) AGREEMENTTO FR0V]DE c rzNT REQUIRE f, the underetgned, have thoroughly read and understand the instructions for submission and agree to the submission requlrarnenW. I acknowledge no cornstructiorr activltles sb8ll he cornmenoed prior to li�suance of a valid permlt, t cerUfy that the appllcatiorr, plans and suppadng materials are a true and Complete statemeTitfdeserip 1oA of the ex1sling condltlons and the work proposed. and that all work will be performed In accordance wKh 1ha appravad plans and]n conforrnanoe with I ucal zoning reg ulallons. i acknowledge thQt prior to occupying the faclllttee proposed, I or my agenla,will obtain a-certlflcate of occupancy as nocavary. i also understand that llvwe may be required to provide an as-buff survey by a Ilcensad fano surveyor of all newly canstrurted facilities prior to ieaUance of a certificate of arcupancy have re a e to t above. 2016 Ignature [Applicant] Rnt Name [Appkant] Date signed �tureAgen int Name[Agent] -- - Date signed 7 Area Varlanca Reulaed March 2014 Town of Civaensbury-Zoning Woe-742 Bay Road-Qucengbury,NY 12804 -516-767-8236 BK: 4901 PG; 78 12102!2013 DEED Image: z of 4 r �OOf1j�Ild�lUfiL t0' WARRANTY DEED Zbtv Inbenture Made this 25'x' day of November, 2013. t e t Stepben B. Bean, residing at 76 Broad Street, Kinderbook, New York 12160, Party of the first part, and Frank Perrotta, Jr., residing at 43 Talcott Mange Drive, East Granby CT, 06026, Party of the second part, itnt OOdb that the party of the first part in consideration of ONE Dollar {$1.44} lawful money of the United States, and other good and valuable consideration paid by the patty of the second part, do hereby grant and release unto the party of the second part their heirs and assigns forever, ALL THAT PIECE OR PARCEL OF LAND situate, lying and being in the Town of Queensbury, Warren County, New York, shown as Lot 6 on a certain map entitled "Subdivision Map Sunset Dill )*aria", made by Gilbert "V"uilder & Associates, Professional Land Surveyors, dated May 22, 1992 and filed in the Warren County Clerk's Office on Ally 29, 1993 in Plat Cabinet B, Slide 5. 81 TNG a portion of the premises conveyed by Cygnet Realty Corporation to Paul Knox, III by Warranty bleed dated March 28, 1985 and recorded in the Warren County Clerk's Office on April 3, 1985 in Book 669 of Deeds at page 769. ALSO GRANTING AND CONVF-Y1N0 an. emem,ent for ingress, egress and a common driveway for the said Lot 6, as shown on the said neap. The said Lot 6 Sunset Mill Farm shall be, subject to the fallowing covenants and restrictions which shall run with the land and continue to restrict the use of the premises forever: 1. The exterior construction of all buildings, including detached garages, situated on the premises shall be const-ucted of good, brick or stone veneer. The use of vinyl or alunninum siding shall be prohibited: except, that the use of vinyl or aluminum shall be permitted for soffit and window trim. All exterior colors for all buildings constructed on any lot shall be of a natural, wood or earth tone calor. . construction of my building shall be completed witbin one year after issuance of a building permit. r3K: 4901 PG: 78 12/02!2013 DEED Image : 3 of 4 3. The outdoor storage of u=gistered vehicles sbali be prohibited. 4. leo livestock or animals shall be,bred or sold on t he pr=ises. 5. Argy fences on the prernises shall be constructed of natural materials and be in compliance with any applicable regulations of the Town of Q=wbury & No arltermae, or satellite dishes shall be allowed ori the prernises. SUBJECT TO covenmts, restrictions and easemants of record. Lot 6 Sunset Hill Farm Town of Queensbury County of Warren State of New Mork TAX MAP 239.7-1-38 Together with the appurtenances and all the estate and rights of the parties of the first part in and to said premises. To have and to hold the premises hex in granted unto the party of the second part, his lie!rs and assigns forever. And, said party of the first part covenant as follows: First, That the party of second part shall quietly enjoy the said premises; Second,That gaid party of the first part will forever Warrant the title to said prem ices. 'bird, That, in Compliance with Sec. 13 of the Lien Law, the grantors will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of the paying cost of the improvement and will apply the same first to the payment of the cost of the improkFcm=t before using any part of the total of the same for any other purpose, )n Witness Whereof, the party of the first part base here=to set his hands and seal the day and year first above written. ST'E'PHB14 $. SEAN Ott re ce at- State of New York) Caunty of Albany) On the 25tb day of november, 2013 before me, tht undersigned, personally appeared HK: 4901 PG: 78 12/0212013 DEED Image : 3 of 4 3. The outdoor storage of unregistered vehicles shall be prohibftm, 4. No livestock or animals shall be bred or sold un t he premises. 5. Any fences on the premises shall be constructed of natural materials and be in compliance with any applicable regulations of the Town of Queensbury 6. leo anterusae or satellite dishes shall be allowed on the premises. SUBJECT TO covenants, restrictions and easements of record. Lot 6 Sunset Hill Farm Town of Queensbury County of Warren State of New York TAX MAP 239.7-1-38 Together with the appurtenances and all the estate and rights of the parties of the first part in and to said premises. To have and to hold the, premises heroin granted unto the party of the secortd part, his heirs and assigns forever. And, said party of the first part covenant as fo iluws First,That the party of second part shall quietly enjoy the said premises; Second, That said part} of the first part will forever Warrant the title to said prem ises. Third, That, in Compliance with Sec. 13 of the Lien Law, the granturs will receive the consideration for this convey=e and will hold the right to receive such consideration as a trust fund to be applied first for tht purpose of the paying cost of the improvement and will apply the: same first to the payment of the cost of the improvement before using any part of the total of the same for amy other purpose, In Witness Whereof, the party of the first part:hale hereunto set his hands and seal the day and year first above written. STEPHEN BEAN In Vreante at: Stage of New York) County of Albany) Ou #lie 25'h day of November, 2013 before me, the undersigned, personally appeared