APA Jurisdictional letter INIE 4/1(fJ�1t Adirondack
SIN of
BPPD� UNITY Park Agency
SHERMAN CRAIG TERRY MARTINO
Chairman Executive Director
December 16, 2016
Magical Shore Acres, LLC/Anil Castro
19 Beaver Dam Road
Upper Saddle River, NJ 07458
Dear Mr. Castro:
RE: Jurisdictional Determination J2016-0791
The proposed single family dwelling expansion and construction of a garage described
in the materials received on December 7, 2016 does not require a permit or variance
from the Adirondack Park Agency (Agency), provided the facts submitted are accurate
and complete, and provided there is compliance with the restrictions below.
Although a permit or variance is not required from this Agency, please be aware that a
permit and or variance may be required from the Town of Queensbury which
administers an Agency-approved local land use program (ALLUP). This means that the
Town has authority over Class B regional projects and administers the statutory
shoreline restrictions as defined in the Adirondack Park Agency Act and further defined
in the ALLUP.
Please be advised that this letter makes no representation as to the approvability of
your project pursuant to the Town administered ALLUP. Be sure to contact the Town's
Code Enforcement Officer or Zoning Administrator to determine the Town's
requirements and the procedures and standards to be followed for such projects. Also,
please be aware that variances approved by towns acting pursuant to an ALLUP are
subject to review by the Agency and under certain circumstances can be reversed by
the Agency.
Description
Itis our understanding that the project consists of the following:
1. The property is a 2.63±-acre parcel having shoreline on Lake George and is
located in the Town of Queensbury, Warren County, tax map designation 239.18-
1-21-
P.O.Box 99.1133 NYS Route 86•Ray BrooK NY 12977-Tel:518 891-4050•Fax:518 891-3938•www.apa.ny.gov
Magical Shore Acres, LLC/Anil Castro
December 16, 2016
Page 2
2. The property is owned by Magical Shore Acres, LLC, as described in a deed
recorded on July 19, 2016 in Liber 5391 of Deeds, page 229, in the Warren
County Clerk's Office.
3. A review of the history of your property since the May 22, 1973 enactment date
of the Adirondack Park Land Use and Development Plan is not necessary for the
Agency to make a determination on your current proposal. As such, this
determination makes no reference as to the deed history of this property.
4. The property is improved by a single family dwelling constructed circa 1978
which, according to information provided to the Agency, was a replacement of a
single family dwelling constructed prior to the May 22, 1973 enactment date of
the Adirondack Park Land Use and Development Plan. The property is also
improved by a barn and carport.
5. You propose to expand the single family dwelling and construct a new garage as
shown on the plans prepared by Balzer and Tuck Architecture entitled, "Magical
Shore Acres" dated December 7, 2016 and as located on the survey map
prepared by Van Dusen and Steves Land Surveyors entitled "Anil Crasto"
submitted with the materials received on December,7, 2016. For purposes of
Agency review the plans and map have been stamped "Final".
No additional subdivision or new land use and development is proposed at this time.
If any of the above is incorrect, please contact the Agency as a different determination
could result.
FOR YOUR INFORMATION:
This determination is based upon the existing laws, regulations and Park Plan Map
administered by the Agency. If they change before substantial commencement of the
proposed project, this determination may also change.
The property is located in a Rural Use land use area on the Adirondack Park Land Use
and Development Plan Map.
Agency staff have determined that there are no wetlands subject to Agency jurisdiction
on the property, based on interpretation of wetland maps available for Warren County.
However, field inspection by Agency staff is the only way to confirm the presence,
location and size of wetlands (particularly along the shoreline). If you have reason to
believe that any wetlands would be affected by the proposal, you are encouraged to
contact the Agency to arrange a site visit prior to undertaking the project.
Magical Shore Acres, LLC/Anil Castro
December 16, 2016
Page 3
The property is not located in a statutory critical environmental area.
The property is not located in a designated river area pursuant to the New York State
Wild, Scenic and Recreational Rivers System Act.
Since the Town of Queensbury administers an ALLUP, you should contact the local
zoning administrator or code enforcement officer to determine the Town's requirements
and the procedures and standards to be followed for such projects. If your project is
determined to be a Class B regional project, the local government will notify the Agency
of your application and the Agency may participate as a party of interest in the local
review
Restrictions
Although the proposed project described above does not require an Agency permit, the
following restrictions are imposed by law. Please note that the Town,of Queensbury
may have more restrictive requirements and standards than those administered by the
Agency.
1. Shoreline restrictions apply to any shoreline parcel; again, please contact the
Town to ensure compliance. Again, please be aware that variances approved by
towns acting pursuant to an ALLUP may, under certain circumstances, be
reversed by the Agency.
2. The project must be undertaken in accord with Agency regulations implementing
the Freshwater Wetlands Act, which prohibits subdividing, polluting, filling,
dredging, draining or construction in a wetland unless an Agency permit is first
obtained. From your description of the project and the map supplied, it appears
that the project will not involve or affect any wetland. Enclosed for your
information is a flyer which briefly outlines the types of activities which require an
Agency wetland permit.
3. A new on-site sewage disposal system may not be located within 100 feet of any
wetlands without an Agency permit. Sewage disposal systems are measured
horizontally from the closest part of a leaching facility to the edge of the wetlands.
The New York State Department of Health has additional sewage disposal
system standards which must also be met.
4. The local land use regulations administered by the Town also limit the use of
property and specify lot size and dimensions, setbacks for structures, building
height and septic system requirements.
Magical Shore Acres, LLC/Anil Castro
December 16, 2016
Page 4
5. No structure other than residential radio and television antennas and certain
agricultural structures may exceed 40 feet in height without an Agency permit.
For Agency purposes, height is measured from the highest point of the structure
to the lowest point of finished or natural grade.
The proposal may require approvals from other government entities. We also
recommend that you check with county, other state and with federal agencies as
necessary prior to undertaking your project.
If you have any questions, please feel free to contact the Agency again.
PSinriller
Project Administrator
DWM:DMW:mp
Enclosure: Wetlands flyer
cc: Dennis McElroy, PE Environmental Design Partnership, LLP
Tim Wade, Balzer and Tuck Architecture
Town of Queensbury (via email)