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Freshwater Permit Application 6.28.17 Updated: 03/05/2004 TOWN OF QUEENSBURY FRESHWATER WETLANDS PERMIT APPLICATION APPLICATION NO.: APPLICATION DATE: 06/15/17 This is an Application for a Permit to conduct/cause to conduct a regulated activity on or adjacent to a freshwater wetland pursuant to Freshwater Wetlands Protection Law - Local Law 1, 1976. TO: Town Clerk of the Town of Queensbury - Please immediately forward this application to the Planning Board of the Town of Queensbury by way of service upon the Planning Department of the Town of Queensbury. TO: Applicant-Please type or print the information required and complete all blanks and answer all questions. If the information requested is not applicable,please enter N/A. Please provide the original plus 14 copies of this aUplication with a$100 aUplication fee. INFORMATION FOR APPLICATION Applicant: Name: David and Morgan Stanhope Address: 127 Grant Avenue Extension Queensbury, NY 12804 Phone: 518-321-5750 Property Information: 1. Name of wetland or any body of water/stream involved: Delineated Freshwater wetlands on the subject property 2. Address of parcel upon which wetland is located and address of parcel(s)upon which work is proposed. Corner of Sweet Road and Country Club Road Stanhope Wetlands Permit App Page 1 Updated: 03/05/2004 3. Tax Map No. of parcel upon wetland is located and Tax Map No. of parcel upon which work is proposed: 295.15-1-1 4. Current zoning of parcel upon which wetland is located and current zoning of parcel upon which work is proposed: MDR 5. Total area of property upon which work is proposed: 25,419 sq. ft. 6. Total area of wetland: 2.64 acres 7. Dimensions of wetland: N/A 8. Existing uses of wetlands, if any: N/A 9. Adjacent uses within 400 ft. of wetlands,if any: Residential, Municipal Bike Path, Vacant Land 10. State, County, Town property within 500 ft. of wetland: Warren County owned bike path, tax parcel 296.16-1-16 Information About the Project: 1. Detailed description of proposed activity: Construction of two-level, single e farr home with detached garage, clearing of trees for yard and building area. 2. Purpose, character and extent of proposed activity upon or adjacent to wetland: See attached narrative. 3. On a map to be submitted with this application, show the area of the freshwater wetland or adjacent area directly affected with the location of the proposed activity shown to scale thereon as well. 4. Will the project require any other Federal, State or local permits? Yes: (1) DEC Freshwater Permit; U Area Variance from Freshwater Setback 5. Has work begun on the project? No 6. Approximate starting date of project? Unknown 7. Approximate completion date of project? Unknown Stanhope Wetlands Permit App Page 2 Updated: 03/05/2004 About the adjacent property owners: List the names of the owners of record of lands adjacent to the freshwater wetland or adjacent area upon which the project is to be undertaken: Gary W. Sampson; Warren County; Drake Asset Management LLC; Michelle P. Ross; Michael Kaidas; Christopher Norton; William Preece Name of claimants of water rights which you have noticed and which relate to any land within or within 100 ft. of the boundary of the property on which the proposed regulated activity will be located: NIA The foregoing information will be reviewed by the agency, and the agency,may if it desires, request any further information necessary to make a decision. I hereby affirm under penalty of perjury that the information provided herein and all attachments submitted herewith are true to the best of my knowledge and belief. Signature: I hereby authorize John Canvey,IV,Esq. and A Elizabeth Coreno, Esq. of Carter Conboy to act as my agent and represent me in connection with this application on my behalf. Stanhope Wetlands Permit App Page 3 STANHOPE & CASEY FRESHWATER WETLANDS PERMITAPPLICATION CORNER OF SWEET ROAD AND COUNTRY CLUB ROAD TOWN OF QUEENSBURY PROJECT NARRATIVE The applicants are seeking a freshwater wetlands permit in order construct a single family residence on a parcel of property at the corner of Sweet Road and Country Club Road (the "Property") which is located in the MDR of the Town of Queensbury Zoning Code ("Code") (commonly known as Parcel ID 296.15-1-1). Parcel History The Property is a 4.43 acre parcel of vacant land located at the corner of Sweet and Country Club Roads in the Town.In 2007,the New York State Department of Environmental Conservation ("DEC")performed a wetland delineation of the Property for former owners, Ronald A. Linsilato and Christine Linsilato, in order to determine the location of the freshwater wetlands (the "2007 Delineation"). In 2015,the applicants purchased the Property from the Linsilatos with the intention of building a single-family home. Following the transfer of the Property, the applicants contacted DEC to request a new analysis of the parcel with respect to the wetland delineation. In response, representatives from DEC returned to the Property and produce a revised delineation (hereinafter the "2015 Delineation"), showing a reduction in the amount of freshwater wetlands from the 2007 Delineation. In reliance on the 2015 Delineation, the applicants engaged Witt Construction to design a custom home and produce a plot plan for the Property which they intended to use to secure a building permit. Following submission of the building permit, the Town of Queensbury (the "Town") Building Department advised the applicants that the building envelope shown on the plot plan encompassed lands which were considered part of the wetlands buffer based upon the 2007 1 Stanhope Wetlands Permit App Page 4 STANHOPE & CASEY FRESHWATER WETLANDS PERMITAPPLICATION CORNER OF SWEET ROAD AND COUNTRY CLUB ROAD TOWN OF QUEENSBURY Delineation. Thereafter,the applicants were advised by the Town's Code Enforcement Officer that their plans included the erection of a house in the wetlands buffer that would require a variance and a freshwater permit. Based upon the applicants' discussion with the Town, they again reached out to DEC to request that a letter be sent to the Town to advise of the revised 2015 Delineation which reduced the amount of freshwater wetlands from 2007. In April 2017, DEC provided a letter to the Town confirming that the revised 2015 Delineation was correct which would render the proposed plot plan conforming. However, it is the applicants' understanding that additional discussions were conducted between the Town and DEC (without their knowledge or involvement) which resulted in DEC once again altering its position and advising the applicants that it was withdrawing the revised 2015 Delineation in favor of the original. By this point, the applicants had expended a great deal of time and money in the design of the home and the costs to produce a plot plan for the Property; all in good faith reliance that the revised 2015 Delineation would be honored. Moreover, the applicants specifically undertook a design and layout of the home that would not require any variances or freshwater wetlands permits from the Town. Now, much to their dismay, if the applicants are unable to obtain the freshwater wetlands permit and an area variance, the Property will be rendered non-buildable due to the implications of the buffer areas around the 2007 Delineation. As a result of the state of the situation, the applicants are now in the position of having to come to the Planning Board to receive the Freshwater Wetlands Permit. 2 Stanhope Wetlands Permit App Page 5 STANHOPE & CASEY FRESHWATER WETLANDS PERMITAPPLICATION CORNER OF SWEET ROAD AND COUNTRY CLUB ROAD TOWN OF QUEENSBURY Purpose, Character and Extent of proposed activity upon or adjacent to wetland: Town Law Section 94-5(a) prevents any person from conducting a regulated activity, which includes building, clear cutting and construction, on any freshwater wetland, or within 100 feet of the wetlands. As mentioned and shown on the attached map,there is virtually no portion of the Property that is not within 100 feet of a freshwater wetland(hereinafter known as the"Adjacent Area")'. Therefore, if the applicants wish to build on the Property, a Freshwater Wetland Permit is required. The applicants have made every effort to avoid the wetlands to the greatest extent possible with their proposed building and clearing and have developed a plot plan that does not propose any disturbance of the wetlands themselves; impacting only the Adjacent Area. Additionally, it should be noted that the applicants have avoided any clearing within 35 feet of the freshwater wetlands boundary, as is required by Section 179-6-050(B)(1)(a) of the Town Code. However, in order to situate a house on the Property, the applicants will have to clear trees to create room for the single family home, backyard and a driveway on the Property. In order to complete the project as shown on the attached map, 25,419 square feet of land within the Adjacent Areas will have to be cleared from its current wooded state. Following the clearing, the applicant will have to dig in the Adjacent Area to create the foundation for the single family home, build the home and place the crushed stone for the driveway. 1 Section 94 of the Town code requires a permit for any activity proposed to occur on the wetlands,or in the "adjacent area",which is defined as any area within 100 feet of the freshwater wetlands. 3 Stanhope Wetlands Permit App Page 6 STANHOPE & CASEY FRESHWATER WETLANDS PERMITAPPLICATION CORNER OF SWEET ROAD AND COUNTRY CLUB ROAD TOWN OF QUEENSBURY Although the entire project for which this permit is requested is within the Adjacent Area, the applicants submit that any proposed use of the Property would require a permit. The applicants have gone to great lengths to reduce the impact of their build on the freshwater wetlands and Adjacent Areas, and request that the Planning Board grant them with the requested permit. Freshwater Wetlands Permit Standards and Applicants' Support for Relief The applicants request a permit as required by Town Law Section 94-5(a), the standard for which is set forth in Town Law Section 94-9(b)(1) as follows: 1. The proposed regulated activity is consistent with the policy of this chapter to preserve,protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of freshwater wetlands and to regulate the development of such wetlands in order to secure the natural benefits of freshwater wetlands, consistent with the general welfare and beneficial economic, social and agricultural development of the Town. The activity proposed to be conducted under the requested permit will completely protect and conserve the freshwater wetlands on the Property. As previously stated, no portion of the wetlands will be disturbed by the project and all activity will take place solely in the adjacent area. Furthermore, all activity will take place outside of the 35 foot shoreline buffer required by Section 179-6-050(B)(1)(a) of the Town Code. Therefore, the freshwater wetlands will remain completely intact and undisturbed, consistent with the policy set forth in Chapter 94 of the Town Law. 4 Stanhope Wetlands Permit App Page 7 STANHOPE & CASEY FRESHWATER WETLANDS PERMITAPPLICATION CORNER OF SWEET ROAD AND COUNTRY CLUB ROAD TOWN OF QUEENSBURY 2. The proposed regulated activity is consistent with the land use regulations applicable in the Town pursuant to Section 24-0903 of Article 24 of the State Environmental Conservation Law. Under 6 NYCRR Section 663.4(a), all activities which are proposed to occur in the wetlands or adjacent areas, if not specifically exempt under Section 24-0701 of the Environmental Conservation Act, are required to receive a permit from the DEC. As applicable to the proposed activity hereunder, there is no exemption and a permit is required for: (1) timber cutting (6 NYCRR Section 663.4(4)(22)); and (2) construction of a residence(6 NYCRR Section 663.4(4)(42)). An application for this permit is being submitted by the applicants to the DEC for its review and consideration. 3. The proposed regulated activity is compatible with the public health and welfare. The activity proposed under this application is compatible with public health and welfare. First, the freshwater wetlands are located within a few feet of Sweet Road for which a culvert passes under them presently. Additionally, the bike path to the rear of the Property runs through the wetlands. Finally, the applicants know of no persons who claim water rights in these wetlands. Therefore, allowing for the permit will not be incompatible public health and welfare as the wetlands are already in close proximity of a road, vehicular traffic, bike path traffic and the neighboring properties with single family homes. Furthermore, the applicants have taken great effort to orient the disturbance area to the adjacent area only, more than 35 feet from the edge of the wetlands, and away from the bike path. The proposed use is permitted in the zone and should be considered compatible with public health and welfare. 5 Stanhope Wetlands Permit App Page 8 STANHOPE & CASEY FRESHWATER WETLANDS PERMITAPPLICATION CORNER OF SWEET ROAD AND COUNTRY CLUB ROAD TOWN OF QUEENSBURY 4. The proposed activity is reasonable and necessary. The applicants submit that the proposed activity is reasonable and necessary. As previously stated, there could be no development on the Property without a permit, as nearly every portion of the Property is either a freshwater wetland or an Adjacent Area. In order to make any use of the Property, the applicants would be required to develop, at a minimum, in an Adjacent Area. The applicants have worked extensively with their builder to develop a plot plan which eliminates any disturbance of the wetlands themselves,which for the Property represents the most reasonable use. 5. There is no reasonable alternative for the proposed activity on a site which is not a freshwater wetland or adjacent area. As mentioned above,there is nearly no area of the property that is not a freshwater wetland or adjacent area. This applicants submit that there exists no alternative whatsoever for conducting the proposed activity outside of the Adjacent Area. However, the applicants have avoided any activity in the wetlands themselves and have also avoided any activity taking place within the 35 foot buffer. Therefore, the applicants submit that there is no reasonable alternative for conducting the proposed activity outside the freshwater wetlands and Adjacent Areas. 6 Stanhope Wetlands Permit App Page 9