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Application TOWN OF QUEENSBURY 742 Bary Road, Quer enshrril, ,firY. 12804-51902 Deceniber 12, 2017 D. Paul Kruger 77 Country Club Road QueenOury, NY 12804 Re: Single-Farnily Dwelling 56 Meadowbrook road Tax Map Parcel: 303.5-1-8 Dear Mr_ Kruger, I am writing you with regards to my review of the above-referenced projmt and to document the recent conversations between you and Laura Moore of my office. Upon my review 1 find that your proposal will require an Arca Variance_ An Area Variance is needed as the proposal calls for the construction of a Single-Family Dwelling which will not meet the property line setback requirements for the Moderate Density Residential; (MDR) district_ I unders#and that you are preparing the necessary application materials, As such, this letter will serve as the necessary denial letter for the processing of your application. Should you have any questions or comi=nts regarding your application, please do not hesitate to contact this office. Sfncerely, C)AD Craig Frown Zoning Administrator CBlsh LACraig BrownM17 LeMrADcnial Krugcr 12_12_17.doc IhtQ'y)Iq qr� ttE rrtlofrv#rll /A ComAl Tplvoccee ftp Ui c" Area VarianOe (ZBA appiuml: ScpkcmbeT 24161 GenerallnformationJID iJ s`� " - .17 -. 39 Tax Parcel ID Number: a D 2017 Zoning District: ,' t)E TCIVVN GF 0,L}FC_fk`:-SLJiZ Detailed Description of Project [include current& proposed nse]; r,6mmyq n-Y QG-1E3_urt MENT irrent Use: L Proposed Use, 8,yLft j 61� ` C'k A Location ofProjec#: (P Applicant Name. Mailincr Address E� 0 Dome phone City, State, Zip l l C dell Phone arJC Phone, E-Mail: Agent's Meme. Mailing Address Home Phone city, Mate,Zip Work Phone Cell PhQTIe E-mail OLn-a yr FAX No. Vic 4L' -c t ` Owner's Name Mailing Address Home Phone city, Sate,Zip Work Phone Ce'll Fhone E-mail FAX Na. Pie 1 1,Ej \7ZY:Jarj '� [T..BA OPPTIM:a: cptcmt r21 2016] Site Nyelop nt.Data Area Type Existing sq. ft. Proposed Total sq. ft. Addition sq. ft. A.- Ading footprint + �r B. ar gc U tC� C. Accessory Structure(s) i D. Paved, gravel or other hard surfaced arca a C E. Porches 1 Decks C / F. ter 3 G. Total Non-Permeable [AddA-Fj K Parcel Area [43,560 qy ft, I acre I. Percentage of Imper eabk�Area of Site [1—G1H] I Setback Requirements Area Required Existing Proposed From Yard [t] � �� `[- 9 Front Yard [2] - 5 Shoreline Side Yard [l] Side Yard [2] 'Rear Ward [11 Rear Yard [2] l Travel otxid(�r Height [maximum] 3S- Permeability Numbcr of parking spaces Page 2 Ama VaTianCe [ZBA approved; Stplumbrr 2120161 Additional Proiect [nf?,rmation 1. Will the proposa[require a Septic Variance frorn the Town Board of Health? _.._ n 0 2, if the parcel has previous approvals, list application laumber(s). 3q — Q D CA 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System( PDES)Permit Prograin? _YesI ,/No 4. 2stimated project duration: Start Dat End Date= 5_ Estimated total cast of project: i ' 6. Total arca of land disturbance for project: C � Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total bu iding floor area by the lot size in square feet, yielding a percentage. Zoning District Symbol Floor Area Rati07 Waterfront Residential WR 0,22 Z Commercial Moderate 1 Commercial Clot 1 CI 0.3 Intensive A. The.combined area of ali square rootage, as measure from exterior w ofa11 structures on.the property, inolvding all floors of the structures, garages, basements and attics with mor than five (5) feet of ceiling height and covered porches_ Building srluare footage docs not include: open de , docks and that portion of co +ered docks exter<ding over water and one. storage shed of orae hundred twenty 20) square feet or less. Any additional sheds will be included.{See"FLOOR AREA RATIO"). 13_ Commercial or industrial; the total area in square fe as measured from the emterior of the outside walls of a building or structure, and when applicable,the suns total all floor areas of the principal and accessary buildings or structures on the project site. Parcel Area s • fl• Exiiifing Floor Area s _ft_ [see above definition] Proposed Additional FloorArea sq. ft. Proposed Total )^loo Area T sq. ft, Total Allosvab Floor Area Arca x see above table Page 3 r�=Variance [ZBAapproved, Septemher212036] Compliance wide Zoning Ordinance Requa5fing relief from SECTION 7q - ()` 30 bleed relief from the regairement�s} listed below which can not be met by the project as proposed, [Check all that apply] Setback 0 Buffer Zone 1_ Lot Width U Other The following questions reflect the criteria for granting this type of Variance. Please coinplete them; use additional sheets if needed. 1. Whether an undesirable change w711.be produced in the chat'aeter of the neighborhood or a deniment to nearby property MR be created by the granting of this area variance? . . Whether the benefit sought by the applicant can be aohieved by some method, feasible for the applicant to pursue, other than an area variance? } Gam IU OLLI 3. Whether the requested area variance is substantial? Ad Cf 4. Whether the proposed variance will have zui adverse effect or impact on the physical or environmental conditions in the neighborhood or district? 5. 'Y4'hether the alleged difficulty was self-created` �- — -- Page 4 Alred811a-U,� LZ13A;�Fprpved: Scptc;nher 2120161 Section 279-14-03 Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision_ The applicant is to provide a site plan drawing(s),a survey showing existing Gond[tions,a proposed conditims map(see page GG fpr specific criteria)and include any other attachments that address A- 0 as applicable to the proposed project, A. General 4 bown on Sheet 1 Title,Name, Address of applicant & persan res onsible fur preparatiorl of drawing "''N'-e[. 2. Deed 3 North arrow,Tax Map Ili, date re aced and scale minimum. t inch =40 feet a C-.rP�. 4 Boundaries of the property ploftd to scale, zoning boundary 5 Principal structures, acce-ssoty structures with exterior dimimsions fi Site improvements incl. outdoor storage areas, driveways, parking areas,etc,. existing& proposed 7 Setbacks for all structures mid im ravements: existing&c proposed _ 8 Elevations and floor plans of all propowd and affected structures B. ' Water& Sewer '' Tc ';,:, C ' : :_ Shovm on Sheet# ] Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposc7d 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed ort-site water supply and septic 3 Separation distances for ro osed sews j�disposal system to well and water bodies 4 Existing public or private water supply t ell, lake, etc.], Method of securing public or private water, location, design and construction of water supply including daily water use e S Percolation test location and results C. Parking 1 Permeable Areas Shop on Sheet 4 1 Number of spaces required for project includinp,calculations and justificmtian' existing Rra osed 2 No, of existing parking spaces,number to be removed, Dumber to maintain and type of surfacing materiai e.Z,, gravel, paved] — _ 3 Provision for pelestrian and handi cap access and parkin : existing A� proposed 4 Des ign details of in rens egLess, loading areas and cutting: existin 8c praposed 5 Location and character of green areas [existing and proposed], mortification to green area, buffer zone to reinah)undisturbed 6 Lighting, location and design of all existing and proposed outdoor lighting D. Additional Site Dew to rnent and Miscellaneous 8 own on Sheet 9 1 On-site& adjacent watercourses, streams, rivers, lake and wetlands litili 1 en frgy distribution s stem as, electric, solar, tele bone : r'-XiAng Lproposed 3 Location, design and construction details of all existing and proposed site improvements including: drains, culverts, retaining wails, fences, fire& ernergency zones and hydrants', etc. 4 Square footage of bldg. area proposed for office, manufacturing, retail sales o>c other commemiai activities: existing ro osed 5 Signage: Location, size, type, design and setback: existing&proposed 6 I Waiver Request: provide letter with application requesting any waivers: please reference s eciflc items 7 Commercial 1 Industrial Development requires submission ofLandscapin& Stormwater Mane cirtent, Gradin & LiZhting Plans $ Identification off'ederal, State or County permits required for the project together with a record of application for all necessary permits Pagu 5 - Mea VarlaiSCj�,, [Z13Aspprovice!' Sevlembcr2121316] X., Pre.-Submission Conference Form Section 179--9-040 1. ,Applicant Name: )CcJ 2. Tax Map IIS � 3. Zoning Classifientinn M 4. Reason for Review: f l`P— L Zoning smdon#: 6. Pre-Submission Meeting Notes: Provided Outstanding, Please provide b Deed General Information complete Sim Developmcnt Data Complete Setback RNuirements Complete Additional Project Information Complete FAIL addressed Compliance with Zoning Ordinance Clmc,kiist items addressed Environmental Form completed EiA Signature Page coinpleted oov CC l r rpt ' C t C �Ct , t t V, c t J ' - cc -\ (PIC, c:. t c.� (L I Es ` 5 {{ i 4 { Staff Representative: Appfican 1+Aeent: i , + Date: rd I Pagc 6 Area Varince [ZBA approved- Scp%mbcr212016] This page includes the 1.)Authorization to Act as Agent FOTm=2.)Engineering Fee Disclosure;3.)A utherizat ion four Site Visits; 4.) Other Permit Responsibilities; 5.)Official Meeting Disclosuw and 6,)Agreement to provide documentation required. QWNER'S AGENT FoRm- Complete the fallowing if the OWNFR of the property is not the same as the applicant: Owner; Designates:l Y [` as Agent regarding the follGWing: Variance V Site Plan_ Subdivision,_ For ax Map n_= c} �— Deed Reference: Book {PagegO Date t i tv OWNER SIGNATURE: DATE; " ti-7 _ APPLICANT's AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party; Owner: '07+ ury v bPte( Designates; V!`j LL as Agent regarding the fallowing: variance V Site PlanSubdivision_ For Tax [ zap No_: � - `I Deed Reference: Hook Page DateLl �� C� OWNER SIGNATURE, DATE: I 2,1 ENGINEERING.FEE DI CLOSURE: Applications may be referred to the Town consulting nngineer for review of septic design, storm drainage, etc. as detenrnined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed S 1,K0 without notifl"tion to the applioant. 3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner, Applicant, and his/her/their agent(s)hereby authorize the Zoning Board or Plaaning Board and Town Staff to enter the subject properties for the purpose of reviewing the application subrn itted. 4.1 OTHER PERMIT RESPONSIIBILITItES: Other permits may be required for construction or alteration activity subsequent to approvat by the Zoning B pard or Planning Board. It is the app iicant's responsibility to obtain any additional permits. 3, OFFICIAL MEETING MINUTES DISCLOSURE; It is the practice of the Community Devdoprnent Department to have a designated stenographer tape record the proceedings of meetings resulting from application,and minutes transcribed from those tapes constitutes the official record of all proceedings. 6.1 AGREEMENT TO PROVIDE DOCUMENTATION REOUIRED; I,the undersigned, have thoroughly read and understaud the instructions for submission and agree to the submission requirements, I acknowledge no construction activities aball be commenced prior to issuance of a valid permit. I certify that the app I[cation, plans and supporting materials are it true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in coafonnance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, 1 or my agents, will obtaip a certificate of occupancy as necessary_ i also understand that 11we may be required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a cert[ficate of occupancy 'i'hacadiand a ree to the above. _ a r [Apps[ an ] Prit-Name [Applic t] Date Signe ' l -!& g a e gent] rint Name [Agent] Bateigrn Page 7 TOWN OF QUEENSBURY 742 Bay Rvoid, Queensipary, NYl 2 SO4-5902 December 12,2017 D. Paul Kruger 77 Country Club Road Queensbury,MY 12904 Re: Single-Family Dwelling 56 Meadowbrook Road Tax S ap Paroel. 303.5-1-89 Dear Mr.Kruger. I am wrift you with regards to my revig-v of the above-referenced project and to document the m=ot conversatlons between you and Lours Moom of ray office- Upon my review I find that your propml will require an Area Variance. An Asea Variance is needed as the proposal calls for the construction of a Single-Family Dwtiling which will not meet the properly line sAack 1equirements for the Moderate Density Rea3Wrrtial;(MDR)district I understand that you are preparing the necessary application materials. As swch,this letter will serve as the-necessary denial leper for the pmeessing ofyour application. Should you have any questions m comments regarding your application, please do not hesitate to contact this afficc. Sinumiy, C�kD Craig Brown Zoning Administrator CBfsh L, raig BrawnUO17 LcttcnOmi l Krupr ILi2_1Moe "'Wbothi, t� of4;f+rrt4 re�Fr�tr�t ::. A QtQik 044Koc ttQb Ur e" WARRIEN COUNTY PAMELA J. DOCUMENT- 0003 387 WELUI'1E I 366 PAGE 9 6Ck COUNTY CLERK Lake George, NY 12845 ba Daae a � Instrument Number: 2008- 00000387 As Recorded On: November 1 , 2008 Dead Commercial Parties: HEWITT NICOLE TO KRUGER D PAUL Billable Pages: 4 Recorded 8y: D PAUL KRUGER Num Of Pages: 5 Comment: *Examined and Dharged as Follows: *` Dead Cammerdal 60.04 Ommr rage 5,00 RP-5217 Commarcial 165. 4 TP-584 5.40 Recording Chags: 235.04 Cansideravon Arnount Arnount RSii`!CS# Transfer Tax 20.40 45,000,00 TT 701 Beset 0.00 QUEENSBURY Local 0.40 Speolalf4ddi41ona1 4,00 Addidanal 0.04 Transfer 20.00 Tax charge: 20,00 AEODW Cwmkv Clerk! OCtI;f I&Y 1222006 12246P P21110 J. Vogel wwran ccnkm Cta-h THIS PACE IS PART OF THE INSTRUMENT" I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY FIle Iriformatlaln: Reword and Return To: Document Number: 2008-00009387 D PAUL KRUGER Receipt Number: 94417 77 COUNTRY CLUB MCAD Raoanded Date/Time. November 12, 2008 12,46,21P OUEENS BURY NY 12804 Book-Vol ft: Bk-RP "667 Pg-60 Dashisr)Station; T Rythef 1 Cash talon I (9, I • r VOLU�"!EE 3667=PA Er]�I'i3 1 ' �' 40DEEB] �w THIS INDENTURE 5 4r ber Made the i 5� daYof4AIgug, Two Thousand Eight BETWEEN NICOLE HEWI'IT, residing at 3 Connor Drive, South ['dens Falls, county of Saratoga, State of New York 12903 Grantor, and D. PAUL KRU E ,residing at 77 Country Club, Town of Queensbury, County of Warren, State of New York 12.804, Grantees, Witnesseth that the party of the first part, in consideration of One Dollar{ 1.0o) lawful money of the United States, and other good�uxd valuable consideration paid by the puty of the second part, does hereby grant and release unto the party of the second part,his heirs and assigns forever, all that property located at: 56 Meadowbrook road Town of Queensbury County of Warren State of New York Tax Map No. 303.5-1-89 (Wa 59.5- 1) MORE PARTIC0ARLY DE CRIB r'D IN SCHEDuLE ;sAw ATTAO D THIS DEED is an absolute conveyance of title in effect as well as form and is not intended as a mortgage, trust conveyance or security of any [rind. The consideration therefow is the full release of debts, bonds, notes obligations, costs and charges heretofore subsisting on account and by the terms of a certain mortgage heretofore existing on the property herein conveyed, and executed by Nicole Hewitt to Donald Paul Kruger and Maria Kruger. Mortgage dated February 11, 2008 and recorded in the Warren County Clerk's office on March 10, 2008 in Boole 3497 of Mortgages at Page 284, i,7 +4a c rruural �,4- 4q dw This conveyance is given in lieu of foreclosure of said mortgage and in complete satisfaction of the notes and obligation secured by said mortgages. DOCUMENTO (yckoo`,3 7 F VOLUME 7 316,67 PAGE v 6 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 herein granted unto the party of second part, their heirs and assigns forever, That to Compliance with Section 13 of the Lied Law, covenants that the Grantor 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 cost of the improvement and will apply the same first for the payment of the cost of the improvement before using any part of the-total of the same for any other purpose. In Witness Whereof, the part} of the first part has hereunto set his hand and seat the day and Year first above written. IN PRESENCE OF N C LEI T State of New York County of }J-064 &-Pym+ On this 15- day of Aawk in the year 2008, before me, the undersigned, personally appeared NICOLE HEWITT, personally known to me or proved to the on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to roe that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instxvMent. r �J� ZFLTRr „iFS� FYI• PuL le, state of New. Y' '. #466c 3 `,d in Sara Caunt/ Xo Pub!c Q Record and return. Paul Kruger 77 Country Ciub road Queensbury, ICY 12804 DOCUMENT- 00009387 VOL#.ME m 366 PACE : 63 s 13E1?LFI.) IFA" ALL THAT CERTAIN PIECE OR PARCEL OF LAND, located in the Town of Queensbury, Warren County,New York, bounded and described as follows.. OMMEN INO at an imrx pipe driven in the ground for a corner, which pipe marks the northeasterly comer of land heretofore conveyed by Earl Wood to Gerald H. Lazard and Virginia Hazard by Deed dated November 29, 1957 and recorded in the Warren County itzk's Office on December 9, 1957 in Book 372 of Deeds at gage 70; running thence north 46 degrees 7 minutes west, 559 feet to an horn pipe driver{ iR the ground for a corner, driven in tLe,East line of the Terra Cotta Road; thence south 7 degrees 00 minutes west and along the east Iine of said Terra Gutta Road, 94 and 351100 feet to an iron pipe =i-.r at the northwest corner of lands now or formerly of bent D. Turner; thence south 46 degrees, 9 minutes east and along the north line along the said lands of Turner, 503 and 301100 feet to the southeast corner of land hemwfore conveyed to Hazard; thence north along the westerly Uric of he land of Hazard, 75.06 to the point or place of beginning. BEING} the same premises conveyed from ConsUmce G. Keep W David Keep and Kathleen Beep by Warranty Deed dated Jane 23, t994 and recorded in the Warren County Clerk's Office on June 23, 3 994 in Book 920 of Deeds at Page 328. Constance G. Keep afkla Constance Grant Deep died a resident of Saratoga County on April 29, 2003. The boundaries to the above refemaced property were,amended and altered as shown on a Map prepared by VanDusen and Steves, Land Surveyais, dated July 8, 2003, which znap was fZ[ed in the Warrent County Clerk's Office on August 27, 2003. A more modem description of the pfoperty is as follows. Ali that certain piece or parcel of land situate, lying and being in the'Town of Queensbury, County Of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly bounds of l .eadowbrook Road at the southwest wanes of lands conveyed to Thomas L. and Mmilyn E. Gorman by deed book 581 at page 1128; thence running along the easterly Iaoun& ofMcadowbrook Road, North 08 degrees, 30 minutes and 48 seconds East, a distance of 75.00 feet; thence South 74 degrees, 49 minutes and 3 seconds East, a distance of 28.82 feet to a paint in the,southerly bounds of lands conveyed to Constance G. Keep by deed book 558 at page 154; thence running South 46 degrees, 22 minutes and 22 seconds East, a distance of 519.80 feet; thence South 45 degrees, 03 minutes and 10 seconds W1st, a distance of 71.89 feet; thence North 46 degrees,44 rnixnutcs and 30 seconds 'Fest, a distance of 500.22 feet to the place and point ofbeginning containing 0.89 acres of land to be Ube same adore or less, Subjea to ease m rs of record, r G DOCUMENT 00004?1�ZS7 VOLUMEM 3667 PAGE: 64 Bearings given iu the above description refer to magnetic North May 1984. BEING the same pt'emisos described in a deed from David Keep and Kathleen Keep to Justin M. fIigley and Andrew G. Higley dated October 10,2003 and recorded in the Barrer County Clerk's Office on October 17, 2003 in Book 1346 of Deeds at page 127, The aforesaid deed erroneously referred to the property address as 60 Meadowbrook Read (instead of5b Meadow brook Road), and erroneously recited the tax map number as 303,5-I-88 (instead of 303.5-1,59) (old ux map number as 59.-5-20 (butead of5 .-5-21)). Re r�i& ietum