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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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