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Application TWT of QUEENSBURY 742 Bay Road, Queensbury, NY, 12804-5902 January 22, 2018 Seavey Family Trust 4239 Muirfield Loop Lake Wales. FL 33859 Re: Single-Family Dwelling 3 Glen Hall Drive 'Fax Map Parcel; 289-11-1-27 Dear Seavey Family Frust: I ain writing you with regards to my review of the above-referenced project and to document the recent conversations between your agent; Michael O'Connor and Laura Moore of my office. As 1 understand your proposal; you are proposing construction of a 2,065 sq. ft. Single-Family home and associated site improvements. 1 have reviewed your plan and find that both an Area Variance and Site Plan Review will be required in order for your project to move forward as proposed. Specifically, an Area Variance is needed as your proposed stntcture does not meet the minimum property line setbacks of the Waterfront Residential; (WR) district. Site Plan review by the Planning Board is required for the construction of a structure within 50 feet of a slope gTeater than or equal to 15%. This letter serves as your denial letter for the processing of your app Ii0ations. Should you have any questions or cumments regarding your application, please do not hesitate to contact this office. Sincerely, 0�� Craig Brown Zoning Administrator C BIsh Cc, Michael O'Connor, Esq. L:1Cral&Brolvnl2018 Lctturs�Den i a[Seavey Family Trust 1_22_18,doc ' Rafale 0f NaIfrraI Bcarofy ... A Good Plage tt) Live " LITTLE, O'CONNOR & BORIE, P.C. NINETEEN WEST NOTRE DAME STREET—P.O. BOX 898 GLENS FALLS.NEW YORK 12801-0898 TELEPHONE-518 792-2113 FACSIMILE-518 792-6972 FAX SERVICE NOT ACCEPTED c,RETIRED c fFl E LI'I 1 LE.OF COUNSEL January 16, 2018 Town of Queensbury Zoning Board of Appeals 742 Bay Road Queensbury,NY 12804 I Owll of Queensbury Planning Board 742 Bay Road Queensbury, NY 12804 Re: Seavey Family Trust 2 Glen Hall Drive Queensbury,NY 12804 Tax Parcel 289.11-1-27 Folks: Seavey Family Trust is purchasing a pre-existing lot that was created in the 1940's. It like most of the lots along that stretch of Glen Lake is 50' wide, the original camp on the lot was demolished. Recently the Town Board, acting as the Board of Health, granted a septic variance allowing for the use of holding tanks on the parcel. The proposed home is a two bedroom residence 30' wide by 34' deep. The home requires: Side line setbacks each side - 9' variance of 3' Shoreline set back to deck 22', to home is actually 34'. The home is actually setback 12' from the front line of home to west and about 4' from the home to the east; to put the house further back from the lake would prevent any lateral views and put the home in a tunnel like location. WEB SITE.www.locblaw.com EMAIL; mloconnor@locblaw.com Town of Queensbury Zoning Board of Appeals Town of Queensbury Planning Board January 16, 2018 Page 2 Permanentability will be 65.6% as opposed to required 75%; this lot is unique as 1320 sq. ft., is stone driveways that serve neighbors to the east. Applicant to mitigate is installing drywall to catch stormwater from the adjoining parcels. The height of the home will be 29.45' from the natural grade; this is partially because of depression of natural grade below peak of house; the actual height of the house from the floor to peak is 26.96'. There will be no negative impacts by the proposal. Yours very truly, LITTLE,O'CONNOR& BORIE, P.C. by: Michael J. 'Connor MJOC/dma FORM Wti N Y LI:En—WAIIHAN'rV•iia Jim Cw—i no:una Madcfha 7th day of August Niucleen lfun�dred and Eighty-five iietween ARTHUR WILLIAM CLATWORTHY and JOSEPHINE HULL CLATWORTHY, his wife, as tenants by the entirety, residing at 402 Ridge Road, Town of Queensbury, New York, 12801, part ies of the firs!part,and BARBARA C. BARRY, residing at 9883 Humphrey Road, Cincinnati, Ohio, 45242, part y of the second part, t Min too C111 thal theJ+ftrt ies of fhv ffrxt purt, fn cuiwirleratinrt n ---- ------ ------------------------o-----------------------Dolar {5---------4 to F11ul,uuneg of the tlnilt d Shales, 1;01& 10y lilt-part y of(hv--croon fru rt,do Itcreby grant and release unto fire torr► y of thcsccuudlrarf, her heirs andassigusforever,all "ALL THAT PIECE, PARCEL OR LOT OF LAND, situate on the easterly shore of Glen Lake in the Town of Queensbury, Warren County, New York, being a portion of the subdivision of Great Lot 34 Queensbury Patent and being Lot No. 7 in fllock No. 2 as shown on a map made by ffylan D. Chambers, surveyor, April i, 1925, on file in the Warren County Clerk's Office, of property of Edith S. Herald. TOGETHER with the privilegti to the party of the second part, hie heirs and assigns, of passing to and from said premises to the public highway over the lands of Edith S. Herald and William Herald, by using the roadway leading from said public highway to maid premises, which roadway is now being used For such pruposes, or any other roadway which the said Edith S. Herald and William Herald hereby reserve the right. to substitute in place of said roadway". THIS CONVEYANCE is made subject to the agreement contained in the deed from Edith S. Herald and William Herald to James McKinney to the effect that any buildincr erected upon the premises described In said deed is to be used as at dwelling or buildings appurtenant to a dwelling. BEING the same premises described in a deed from Kenneth E. McKinney to William Clatworthy, dated December 23, 1948 and Y ' recorded in the Warren County Clerk's office January 4th, 1949 in V Liber 273 of Deeds at Page 14. T BEING the same premises described in a deed from William Clat- � worthy to Arthur William Clatworthy and Josephine Hull Clatworthy dated the 7th day of June, 1963 and recorded in the Warren County T- Clerk's Office on the 10th day of June, 1963 in Liber 430 of Deeds at Page 313 A. William Clatworthy and Arthur William Clatworthy are one and the same persons. REC I'!E.D REAL ESTATE AUG 13 X185 F r� tb TRANSFER TAX WARRfYI OCQU to I� ��t •i+ f�. i _ &5spak?.r with the appurte+ianccs and all rite estate and rights of the part les of lire first part in and to said premises, Go f{uur and to bats the premise herein granted unto the part y of the Psecond pa rt, her heirs and mzignsforrver. Aub said part Les a/the first part covcrtarir as follows: Shat.That the part y of the second part shall quietly enjoy, the said prcntlses; >becond. That said part Les of the first part will forever Warrant the title to sold premises. (041rb.Thaf,in Compliance with Sec. 13 of die LIJan Law,ll+c grantor will receive the consideration for fit fir conveywrce and will hold the righf to recalue st+ch coasiderafiart as a trt fund to be applied first for the purpose of paying rite cost of the Improvement and will xu apply thesoute first to the pa yn+enf of the tori of the Improueinenr befare usI?ig any pa r)of flit total of f h a same for any other purpasc, In Itanrse'04creof,the part ies of the firm part Iia ve hereunto sef their hand s and seat the day and year first above written. Inrc>3eacE of Ll•tiZ�r�" lvcce�:..�� `'r�C� cf ARTHUR WILLIAM C! ❑RTHOkxl �' t Ie ��er i�a irc�, J4 P H I N E HULL CLATwORTH1 f FrtnttofWrw>park � an this 7th da o August {6auntp of Warren ' Nincteen Hundred and Eighty—five before me, lite a+rbscrlber,personally appeared JOSEPHINE HULL CLATNORTHY 1 to me personally known and known:to me to be thesame person described in and who executed the within lnsirument and s he duty ack n a to ledged to me that s he executed the same. �{3n£r s•nMorrrr ear . NPrs,y Pvb1..,51.16 v7 -� -. k0. t,/r� Nntany Public u M..,1,rn .�' �1_ Ql'1 hue 13 l� z� 'or f 1 )STATE OF NEW YORK F 1 )SS.: COUNTY OF WARREN ) y On this fr",day of August, Nineteen Hundred and Eighty—five, before me, personally appeared JOSEPHINE HULL CLATWORTHY to me personally known to be the person described and appointed Attorney In Pact in and by a certain Power of Attorney executed by A. WILLIAM CLATWORTHY, dated March 7, 1985, and recorded in the Office of the Clerk of the County of Warren on March 14, 1985 in Liber 669 of needs at Page 175 and said JOSEPHINE HULL CLATWORTHY acknowledged to me that she executed the foregoing instrument as m the act of the said A. WILLIAM CLATHORTHY. � �,b J.T[610iNY BN6ENrotdr y/Nat"rubric.Sr.1.c1 N.w roe. �Cosmnision Expires 3/30/6 (p ` W."..Cwmy NO.4801932 C—.1swen LW.&March D0. .. �, r 5 Town of Queensbury Site Plan Pre-Submission Conference Form / Section 179-9-040 1. Applicant Name: Seavey Family Trust 2. Tax Map ID 289.11-1-27 Location: 3 Glen Hall Drive 3. Zoning Classification WR 4. Reason for Review: Construct replacement single-family home 5. Zoning Section#: 179-3-040-Setback; 179-4-05-Frontage Public Street;and 179-13-010-Non-conforming Lot 6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide b peCr&Qct�k l Deed ✓ I General Information complete t/ t-- j� }�'fir Site Development Data Complete Setback Requirements Complete ,/ ��� Additional Project Information Complete Y ` �� _64 FAR addressed Requirements for Site Plan-Standards ��� �, Checklist items addressed Environmental Form completed c9l�S -'.5 Signature Page completed g W" c, p 14-p- 1C Q c t 4 �rf G ll x AV- c c sv [ s� U 1t Ri vtm C> 'tni d c c� Q CT oe C'Ic °4 S � PrVID Staff Representative: i C(_ Applicant/Agent: Date: 1 8 Site Plan Review application—Revised October 2016 Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804 Area Variance [ZBA approved: September 21 2016] Town of Queensbury Area Variance Application REVIEW PROCESS:_ 1) Required Pre-Submission meeting with staff to determine general completeness of application materials to be held no later thaA I week priQrto geadiine day. Call(518)761-8238 or(518)761-8265 for an appointment. 2) Determination of application completeness.All necessary information must be provided and appropriate fee(s)paid for consideration for placement an an agenda for that month. 3) Incomolete a icatio s will not be c nsidered for placement on my-agenda until all missin Wormation has been supplied. 4) Submittal to the Warren County Planning Board,if applicable. 5) Zoning Board meetings,generally the third and fourth Wednesday of each month. You will be advised in writing as to which meeting to attend. 6) hollowing the meeting,you will be provided with a copy of the resolution stating the Board's decision on your application. If your application was approved,the next likely step is a Building Permit.Final plans/drawings must be provided for the next phase of review. if your application was denied your project cannot proceed as submitted. DOCUMENTS TO BE SUBMITTED:(HARD COPY&ELECTRONIC) 1 original and I4 conies of the completed application package to include: I Completed Application: pages 1-9 completed,signed&dated Pre-Submission Meeting Notes: signed by staff Denial Letter: from the Zoning Administrator h Survey: Current Survey: survey map depicting current conditions—sign,stamped,date by surveyor Proposed Conditions Map: The proposed conditions map must be based on a current survey and may by prepared by Surveyor,Professional Engineer(Civil)or a Registered Architect. Area/Sign Applications: must provide a final as-built survey depicting all site conditions and improvements Survey Waiver: Applicant may request a waiver from the survey pre and post requirements. Copy of Deed Fee: $50 residential; $100 commercial ZONING STAFF&CONTACT INFORMATION: Craig Brown,Zoning Administrator craig_b(ct7�gueensbury.net Laura Moore,Land Use Planner lmoore@gucensbury.net Sue Hemingway,Office Specialist sueh ueensbu .net (518)761-8238 Visit our website at www e e for further information and forms. Page 00 Area Variance [ZBAapproved: September 21 2016] General Information 289.11-1-27 Tax Parcel ID Number: WR Zoning District: Detailed Description of Project [include current&proposed use]: Vacant Lot Current Use: Single-Family Home Proposed Use: 3 Glen Hall Drive Location of Project: Applicant Name: Seavey Family Trust Mailing Address 4239 Muirfield Loop Home Phone City, State,Zip Lake Wales,FL 33859 Work Phone Cell Phone 518-796-0520 E-Mail: robesead@aol.com FAX No. Agent's'Name: Michael J.O'Connor Mailing Address 19 W.Notre Dame Street-PO Box 89 Home Phone City, State,Zip Glens Falls,New York 12801 Work Phone 518-792-8728 Cell Phone Email mjoconnor@locblaw.com FAX No. 518-792-6972 Owner's Name Estate of Barbara C.Bary Mailing Address 6464 Wardwood Drive Home Phone 513-317-3774 City, State,Zip Loveland,OH 45140 Work Phone Cell Phone -- E-mail rfbanyl9@gmail.com FAX No. Page 1 Area Variance [zBA approved: September 21 2016] Site Development Data Area 1 Type Existing sq. ft. Proposed Tote[sq, ft, A. Building footprint Additions . ft. 1,020 1,020 B. Detached Garage C. Accessory Structure(s) D. Paved,gravel or other hard surfaced area 1,220 630 1,850 I Porches/Decks Porch-25 Permeable Patio 205 205 F. Other Retaining Walls 100' 45' 145' G. Total Non-Permeable [Add A-F] 1,320 1,900 3,220 H. Parcel Area [43,560 sq, ft./acre] 9,371.1 9,371.1 9,371.1 I. Percentage of Impermeable Area of Site [I=G/H] 14% 20.3% 34.4% Setback Requirements ---Area Required Existing Proposed Front Yard[1] Front Yard[2] Shoreline 50' 22'Deck/34'to House Side Yard [1] 12' 9' Side Yard [2] 12' 9' Rear Yard [1] 30' 110' Rear Yard[2] Travel Corridor Height[maximum] 281 26.95729.45' Permeability ° 75/0 65.5% Number of parking spaces 2 2 Page 2 Area Variance [ZBA approved: September 21 2016] Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? Yes;Approved 11/20/17 2. If the parcel has previous approvals,list application number(s): BOH-38.2017(Holding Tanks) 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit Program? —Yes/X No 4. Estimated project duration: Start Date: 4/18 End Date: 11/18 5. Estimated total cost of project: $200,000.00 6. Total area of land disturbance for project: 7,685 sq.ft. Floor Area Ratio Worksheet FLOOR AREA RATIO(FAR) -- 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 District Symbol Floor Area Ratio[FAR] Waterfront Residential WR 0.22 Commercial Moderate/Commercial CM/Cl 0.3 Intensive A. The combined area of all square footage, as measure from exterior walls of 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: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included.(See"FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside 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 9,371.1 sq. ft. Existing Floor Area -0- sq. ft. see above definition Proposed Additional Floor Area 2,065 sq.ft. Proposed Total Floor Area 2,065 sq.ft. Total Allowable Floor Area 9,371.1 x 0.22=2,061 (Area x % ) see above table Page 3 Area Variance [ZBAapproved: September 212016] Compliance with Zoning Ordinance Requesting relief from SECTION: 179-3-040; 179-4-05;and 179-13-010 Need relief from the requirement(s)listed below which can not be met by the project as proposed. [Check all that apply] [K]Setback ❑Buffer Zone ❑Lot Width ®Other Access, DeveIa mens on non-conforming lot. The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? 3. Whether the requested area variance is substantial? 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No- In fact,deyeior)men i r a"nae fiipm otheanot caused b 'ec 5. Whether the alleged difficulty was self-created? Page 4 Area Variance[ZBA approved- Sept_nber 21 2016] Section 179-14-030—Application materials Application materials and site plan draining 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 shoving existing conditions,a proposed conditions neap(see page 00 for specific criteria)and include any other attachments that address A-D as applicable to the proposed project. A. General__ _ _ _ Shown on Sheet# 1 Title,Name.Address of applicant&person responsible for preparation of drawing SP-1 ' Deed ATTACHED 3 North arrow,Tax Map ID, date prepared and scale minimum: I inch=40 feet SP-1 4 Boundaries of the pF22e5y plotted to scale,zoning boundary SP-1 5 Principal structures,accessory structures with exterior dimensions SP-2 6 Site improvements incl.outdoor storage areas,driveways,'parking areas,etc.: existing SP-1,2,3,4 proposed 7 Setbacks for all structures and rovemetlts: existing&proposed SP-1&2 8 Elevations and floor plans of all proposed and affected structures ATTACHED B. Water&:Sewer _ _ Shown on Sheer# 1 Project selvage disposal facilities,design details, construction details,flow rates,and number of bedrooms proposed SP-2&3 2 Water supply[i.e.well]&septic on adjoining lots with separation distances to existing or SP-1,2,3 proposed on-site water supply and septic 3 Separation distances for proposed sewage disposal system to well and water bodies SP-1,2,3 4 Existing public or private water supply[well,lake,etc.]. Method of securing public or pri-,gate water,location,designand construction of water supply including,daily water usage SP-1,2,3 5 Percolation test location and results SP-3 C. Parkins/Perrrleable Areas _ _ Shown on Sheet 1 Number of spaces required for project including calculations and justification: existing& SP-2 proposed 2 No.of existing parking spaces,number to be removed,number to maintain and type of surfacing material e. .,gravel, axed SP-1&2 3 Provision for pedestrian and handicap access and parking: existin &proposed NA 4 Design details of ingress,egress, loading areas and cutting: existing&_proposed SP-1&2 5 Location and character of green areas [existing and proposed];modification to green area, buffer SP-1,2,3,4 zone to remain undisturbed ' 6 Lighting,location and design of all existing and pLo2osed outdoor lighting, NA D. Additional Site Develaptrlent and Miscellaneous - Shown on Sheet 1 On-site&adjacent watercourses,streams,rivers,lake and wetlands SP-1,2,3,4 2 Utility!energy distribution system as,electric,solar,telephone]: existing& ro osed SP-1&2 3 Location,design and construction details of all existing and proposed site improvements SP-2,3,4 including: drains,culverts,retaining walls,fences, fire&emergency zones and hydrants, etc. 4 Square footage of bldg. area proposed for office,manufacturing,retail sales or other commercial SP-1,2,3,4 activities: existing&.proposed 5 Signage: Location,size.type,desi2 and setback: existinE&proposed NA 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items 7 Commercial/Industrial Development requires submission of Landscaping,Stormwater NA Masa meat,Gradin Lk-LiAting Plans _ 8 Identification of Federal, State or County permits required for ttue project together with a record `NA of application for all necessa 3 pennits Page 5 Area Variance [ZBA approved: September 21 2016] Pre-Submission Conference Form/Section 179-9-040 1. Applicant Name: Seavey Family Trust 2. Tax Map ID 289.11-1-27 Location: 3 Glen Hall Drive 3. Zoning Classification WR 4. Reason for Review: Construct replacement single-family home 5. Zoning Section#: 179-3-040; 179-4-05;and 179-13-010 6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by Deed General Information complete —� t Site Development Data Complete Setback Requirements Complete t r►1 CJJ Additional Project Information Complete le�,le FAR addressed R7 Compliance with Zoning Ordinance Checklist items addressed Vol Environmental Form completed Signature Page completed V �n S C_ l C) G{SPL. ' r..1 f �e L,—W I(L CL c. C-e r f[ck✓tC t C -� (C r Staff Representative: , Rkv_�, Applicant/Agent: � 1 � PP g nt. Date. / Page 6 Area Variance [ZBA approved: September 21 2016] This page includes the 1.)Authorization to Act as Agent Form: 2.)Engineering Fee Disclosure; 3.)Authorization for Site Visits; 4.) Other Permit Responsibilities;5.)Official Meeting Disclosure and 6.)Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant: Owner: Estate of Barbara C.Barry Designates: Michael J.O'Connor as Agent regarding the following: Variance X Site Plan X Subdivision_ For Tax Map No.: 289.11-1-27 Deed Reference: Book 673 Page 647 Date 8/13/1985 OWNER SIGNATURE: r DATE: 01/ /2018 APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Applicant: Seavey Family Trust Designates; Michael J.O'Connor as Agent regarding the following: Variance X Site Plan X_ Subdivision For Tax Map No.: 289 11-1-27 Deed Reference: ,Book 673 Page 647 Date 8/13/1995 APPLICANT SIGNATURE: d `��� • DATE: O1/ /2018 11_2. ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined 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$ 1,000 without notification to the applicant. 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 Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submitted. 4.1 OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits. 5. OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development 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. AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknoArledge no construction activities shall be commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a 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 conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents, will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy I have read and agree to the above. atur Print Name[Applicant] Dae signed Michael J. O'Connor 01/11/2018 Signature[A nt] Print Name[Agent] ate signed Page 7