Application TOWN OF QUEENSBURY
742 Bay Road, Qtreenshiory, NY. 12804-5902
February 20,2018
Jason & Rebecca Southwood
P.O. Box 226
Cleverdale,NY 12820
Re: As-Built addition variance
388 Cleverdale Road
Tax Map Parcel. 226.8-1-8
Dear Mr. & airs. Southwood:
I am writing you with regards to my review of the above-referenced project and to document the
recent conversations between your agent;Jonathan Lapper and Laura Moore,of my office.
Upon my review I find that your proposal will require an Area Variance and Site Plan review
prior to the issuance of a building permit for the already constructed addition to your home. A
Variance is required as your constructed addition does not appear to meet the minimum property
line and shoreline setback requirements. Please note that the plans submitted do not clearly
indicate the overall height of the structure. This will need to be accurately depicted on your
application materials. An additional variance may be required if the height exceeds the maximum
allowable. Further,the survey submitted is not stamped and signed nor does it show the setbacks
to from the structure to the property lines and shoreline_ This information will need to be added
to your submittal in order for your application to be considered by the Zoning Board of Appeals.
Site Plan Review is required for the expansion of a non-conforming structure within a Critical
Environmental Areal.
I understand 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 comments regarding your application, please do not hesitate to
contact this office.
Sincerely,
C'IIE�
Craig Brown
Zoning Adtninistrator
CBlsh
Cc: Jonathan Capper,BPSR
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February 15, 2018 ?;F-7
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Stephen Traver, Chairman "'
Planning Board
Town of Queensbury 5 201$ 1+1
724 Bay Road TOWN OF-
Queensbury, NY 12804 K NNr
Harrison Freer, Chairman
Zoning Board of Appeals
Town of Queensbury
724 Bay Road
Queensbury,NY 12804
Re: Jason and Rebecca Southwood
388 Cleverdale Road
Dear Chairman Traver and Chairman Freer:
On behalf of Jason and Rebecca Southwood I have been asked to prepare and submit
applications for Area Variance and Site Plan Review for after-the-fact approval of their recent
conversion of an open porch to an enclosed porch. Although, clearly, they should have sought
permission before commencing this renovation, the change was undertaken in order to remedy
rainwater leaking beneath the pre-existing porch. I have enclosed before and after}photos which
show that the home is visually improved from the lakeside. Please place this matter on your
respective agendas for Marcb.
Very truly yours,
BARTLETT, PONTIFF, STEN
& RHODES, P.C.
By,
J C. Lapper,Esq,
Dr d#, (518)832-6434
Dir at For#, (5}8)824-1034
Direct E-Mail. }g.1ra),btrsr&w.com
Cc, Jason and Rebecca Southwoods
Asea Variance [ZBAapproved: 5ep[rmbu21 2016]
General Liformation
Tax Parcel 1D Number_
Zoning District: WR
Detailed Description of Project [iziclude current &proposed use];
Current Use; Single Family Residence
Proposed Use; Single Fami€y Residence
Location of Project: 388 Cleverdale Road
Applicant Name: Jason and Rebecca Southwoods Ailing Address PO Box 22.6
Home Phone City, Mate,Zip
Cleyerd ale,NY 920
Work Pbone Cell Phone (518)542-8472
E-Mail: FAX No.
Agent's home. Jon 13artlett,pPoni fr Stewart and Rhodes Mailing Address Orte Washington Street
Home Phone City, State,Zip dens Fails,NY 12841
s
Work Phone (�l8)?92-2117 Cell Phone
E-mail jc1i bpsrlaw.com FAX No.
Owner's Name game as ,applicant Meiling Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Page 1
Area Variance Z-AV- 0-2018
Jason & Rebecca Southwood
388 Cleverdale Road
Area VarianCe [ZBA approwAz ScptcmbtT21 2016)
bite Deve)onznen[13 at
Area{Type Existing sq.ft. Proposed Total sq. ft.
Additions .ft._.
A_ Building footprint 1,446 1,446
No Change
B. Detached Garage No Change
C. Accessory Structures) No Change
1]_ Paved, gravel or other hard surfaced area 1,073 No Change 1,073
E. Porches 1 Decks M No Change 706
F. Other
No Change
Q. Total Non.-Permeable [Add A-F] 3,22$ Id3,225
No Change
H. Paroel area [43,560 sq. fl,.{acre] No Change
5417.6 Sq Ft 5417.6 Sq Ft
I. Percentage of hnperrneable Area of Site (1--G/H] No Change
59,5% 59.5°
Setback requirements
Area Required Existing Proposed
Front Pard [1] 30' 6` 6'
Front Yard [2]
Shoreline
50' 36,5' 36.5'
Side Yard [I]
is, 1.4' 1.4'
Side Yard [2]
]5' 1.4' 1.4'
Rear Yard [1]
Rear Yard [2]
Travel Corridor
Height [maximurn] 28' 261 26'
Permeability 75% 40.511/6 40.5%
Number of parking spaces
Page 2
Area Variance [ZBA appraaed: q)tcrohcr 21 201 G]
Additionlil Project Information.
1_ WilI thr proposal require a Septic Variance from the Town Bcar€l of Health? No
2_ If the parcel has previous approvals, list application number(s);
3- Dues this project require coverage under the New York Mate Pollutant Discharge Elimi nation System(SPDE ) Permit
Program? —Yes I X o
4, Estimated project duration; Start Date; _ End Date; Done
5. Estimated total cast of projw'.
6, Total area of land d1sturbarice for project: none
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/C1 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 treasured from the exterior of the outside walls of building
or structure, and when applicable, the surra total of all floor areas of the principal and accessory buildings or atruciure
on the project site.
Parcel Area 5A17_6 sq. ft.
Existing Floor Area 2,112 sq. ft, [see above diAlnition
Proposed Additional Floor Area 2AU s q, 'a,
Proposed Totak Floor Area sq, i;t,
Total Allowable Floor Area 1,191.97 (Arca x rsee above table
Additional Floor area is 240 sq. 1`t_ which is the size of the former open porch which is now an enclosed porch.
Pea
An'a Variance [ZBAappmvtd: Scptcmbcr2l2016]
oinpliance with Zoning Ordinance
Requesting relief fr i SECTION. 179-3-04G (5)(b)(3)(5) & (11)
Indeed relief from the requirement(s)listed beiow which can not be met by the project as proposed.
[Check all that applyl M Setback Buffer Zone Lot Width NQther FAR
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 wil l be produced in the character of the neighbarhuud or a detriment to
nearby property will be created by the granting of this area variance?
No. }ire-existin g porch was updated byaddingr#raof and window walls to make J an gor.1a ed p mh.
k
2.. Whether the benefit sought by the applicant can be achieved by some method, feasible for tbQ applicant
to pursue, other than an ai-ea variance?
Igo, there was water damage due to the txposed opp-n porch
3. Whether the requested area variance is substantial?
No. because the porch already existed
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
No it involved no ground disturbance
5, Whether the alleged difficulty was self-created?
Yes but it was done to remedy a I eaky porch 4roblem.
Parc 4
Aria 'Variance [CZE A sppmyrd: Septemb ff 71'M 6)
Section 179-14-030—Application materials
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 drawings)—a survey showing existing coedit ions,a proposed conditions map(see page 00 for
specific criteria)and include any other attachments that address A-D as applicable to the proposed project.
A. Cieneral Shown on Sheet 9'
1 Title,Name, Address of applicant &person responsible for preparation of drawing -1
2 Deed -1
3 North arrow,Tax Map ID,date prepared and scale minimum: 1 inch=40 ficet j
4 Boundaries of the property plotted to scale, zoning boundary S-1
5 Principal structures accessory structures with exterior dimensions
6 Site improvements incl, outdoor storage areaz,driveways,parking areas,etc.; existing c$ -1
proposed
7 Setbacks for all structures and improvements. existing A propose4
8 Elevations and floor plane,of all piropmed and affected structures
B, Water.& Sewer Shown on Sheet#
1 Project:sewage disposal facilities, design details, coustruction details, flow rates, and numher of
bedrooms p osed
2 Water supply[i.e.well] & septic on adjoining lots with separation distances to existing or
proposed on-site water supply and se tic
3 S<Varntion distances for proposed sewage disposal system to well and water bodies
4 Existing public or private water supply [well, lake,etc.]. Method of securing public or private
water, location,design and construction of water supply includiag daily water us
5 Percolation test location and results
C, Parking I Permeable Areas Shown on Sheet-4.
1 Number of spaces required for proj eek including calculations and justification: existing$�
proposed
2 No, of existing paridng spaces,number to be removed,number to maintain and type of surfacing
material e. ,,pavel.,paved]
3 Provision for pedestian and handicap access and pArking, existirig&c pmp osed
4 Design details of in==, egiren, loadft)g areas and cutting: existing 8c proposed
5 Ucation and character of green areas [existing and proposed],modification to green area,buffer
zone to remain undisturbed
6 Lighting,location and"gn of all existing and proposed outdoor lighting
D.- Additional Site Development and Miscellaneous Shown on Sheet 0
1 On-site&adjacent watercourses,streams,rivers,lake and wetlands
2 Utility/energy distribution sygem [gas,electric solar,tel one]: existing proposed
3 Location,design and construction details of all existing and proposed site improvements
includin • drains,culverts,retaining walls,fences fire& =ergtmry zones and hydrants,etc.
4 Square footage of bldg. area proposed for office,manufacturing,retail sales or other commercial
activities: existing& proposed
5 Signage. Location, size, t design and setback: existing &proposed
6 Waiver bequest: provide letter with application requesting any waivers: please reference
Spec] c items
7 Commercial I Industrial Development requires submission of Landscaping, Stormwater
Mane ement,Uraft&.Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record
of ap2lication for all neressM p=its
Page 5
Area VadanCe [7-BA approVod= SepicmbeF 2 t 2-016]
Pre-Submission Conference Form 1 Section 179-9-040
1. Applicant Name:
2. Tax Flap ID Location:
3. Zoning Classification
4. Reason for Revlew:
5. Zoning Section#:
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Deed
Generai Information complete
Site Development Data Complete
Setback Requirements Complete
Additional project Information Complete
FAR addressed
Compliance with Zoning Ordinance
Checklist items addressed
Environmental Farm completed
Signature Page completed
Staff Regresentatrive:
Applicant 1 Agent: Date;
Page 6
Signature Page
Tris page includes the 1.)Authvrivntion to Ail as ARcnt Farm'2.) l-Aginaring Foe Uisolcksure;3.) Authori7akion for Site Visits;4,J
Other Purmil RcgrnnKibihties;S.)Official Mcoing Clisclnsum and b.)Agreenteilt to provMc docUmcullrGn roquircd.
OWN EN'S AGEl`n'lr'ORM-.
Cvuiplcle the foRtswing i r 1110 OWN FR of the property is 1101 tl,e i:urne as khc app3 i Bunt
Owner:
besignates;
As ogorrt regarding: Variance Site Plan Subdivision
For Tax Map No.: Sretion 81ock Lot
Deed Reference= Book Page D"tn
OWNER 51GNATURE, DATE-
APPLICANT'S ACENT FORdt'
C'omplcte the fallowing if die APPLICANT is woble to nuend the nicet;ng or wishes to be represmcd by another party,
Owner: Jason and Rebecca Southwood
Designates; ]on Lappa,Esq,of BartCclt,Potlk7ff,Stewart and Rhotks
As agm regarding; X Variance X Site Plan Subdivision
Far Tax Agan No.: 226,E:1-1 Sceuon _Black L01
Dcod Rcfcrence. 5537 D3alk z93 Page 417 17 date
OWNER SIGNATURE: DATE,
2.1 C.iNEER1ti FES p1SC1 URE= Applications may be rcftrred to the Tawe consuliiiig aegincer rar review or septic,design, staTM
drainage,eio.as determined by the Zoning or Planning D mrh&W. Fou%for eriOnmdng review serwkes will be charged dircctty to thin appiiemat.
Fees for engineeritsg mview will not otercd$I,0Mvrithout ontifiemilon to 11ie applicant,
�,) AUT URI;ATIO?4 FOR$ITE VISITS: Ey signing This page bind submiuiLtg the applicocion nuieribl9 attachtd 1rerrin,iht Owner,ApPliC�hni,
pnd bi&Jhulkheir agent(s)hereby oulharixc the Zoning Board ur Plerming Board end Town Sial f io enter the subject properties for the purpose or
reviewing t}ra upplicaiion submiucd_
A) OTRER,PERMIT RESPONSIBILITTES! 0Cher perm}ts may bo requirad far PUMO 60n arulteration activity subsequent to approval by the
Zontog Board or Piamrin,�J3owd- It is the app!itani's responsibility to oblsin tarty additional pernrii&
5.) OF ICTAL MFF.TING i4iliVUTES DiSCLOtLfRF: It is the practice of the Cwnmunity Develop,txM Department w have m designmed
siasro$raphte Capt feaard Cho proceedings of matings re3ulting from applioeitan.and mimics tran5Drib-ed froin Orme tapes toowiinim Lb& arlitial
Tetord nfntl prc=dicg6_
6.1 AGIZUMJf NTTQPROVIDEDOCVMENTATFONRFfjUlkfs[t 1,dwLi dersigaed,havethoroughlyreadandundemiandtheb mctiwK
Cor subrniaaion and agitc to the submission rcquircinrnts,i acknowlcd8a no consltttclion nclivities shall be cornNencad prior is isawnce of a valid
puirdi. I cettiry that the ti Ucetion,plaas and supporting maicriala=a wue and oompiete s6menxatidesuiption of The exisft cand"trwas and the
wort proposed,and dwt all work witl be perrornwd in uccudarim whh the approved plans and in emifornmnce with local aoninj� a,latiLmg. I
:1cknowkdga that prior to occupyintt the facilities p¢opo6xII,I or my maws,will oblein a coiificutc of occupancy as ncec6sary. I alio uadfirs-m drat
i Uwe may ba required W panvide&n as•bui It survey by a tkmvwd!Wild surweyar or all newly con tr ted facilitic5 prior ro issutuue ot`a rx rtiticime Or
occupancy
I Isavo read and ag above,
4 nature[Applicant] Print Name(Applicant] Date sig
L { i s ri I a t:
Signature[Agf�rlt] Print Dame[Agerkt] Dale signed
9
Si to Plan Review uppl icotion—Ravi sed Oc lob-or 2016
Town of Quuupsbury Planning Office-742 Pay Rjand,Quccnsbury,NY 12W4
WARREN COUNTY-STATE OF NEW YORK
PAtWILA J.VOG EL,COUNTY CLERK
1340 STATE ROUTE 9,
LAKE G90RGEi NEW YORK 72845
COUNTYCLERK'S RECORDING PAGE
"'THIS IMAGE IS PART OF THE DOCUMENT—DO NOT DE=TACH"
Recording-
Cover Page 5.00
Recording Fee 35.00
cultural Ed 14.25
Records Management - Coun 1.00
Records Management - Stat 4.75
,additional Names 1. 50
BOOK/PAGE: 5537 f 293 TP584 5 .00
INSTRUMENT ' 2417-2274 RP5217 Residential/Agricu 116.00
RP5217 - County 9.00
Receipt#: 2DI7428882
Clerk- LB sub Total : 191. 50
Rec Date: 04/0712017 02:22: 18 PM
Doc Grp. RP Transfer Tax
Descrip: DEED Transfer Tax - State 4626.00
Num Pp. 4 Mansion Tac 1I562.50
Rec"d Frm: BROADWAY ABSTRACT —
Sub total : 1618 .50
Party2: BURNETT REBECCA A TRSTE
Party2: SOUTHWOOD REBECCA A
Town-• QUE*ENSBURY fatal : 16380.00
NOTICE: THIS IS NOT A SILL *�*�
Transfer Tac **v**
Transfer Tax #: 1932
Transfer Tax
consideration. 2156250.00
Transfer Tax - State 4626.00
Mansion Tax 11562. 50
Total : 16188. 50
bVAF. NU""
1 hereby evrtify that l}uu V4iLhin and foregoing was
rewrded in the Watras County Clerk's Office,
Record and Return TO: sweofNewYork
This sheet constitutes 6a Clerks cndxstfnmi
required by Sealion 316 of the Real Property Lffw
Df the State of New York.
BROADWAY ABSTRACT
1500 BROADWAY Pameia 1. Vogel
ALBANY NY 12207 War-mm County Clerk
RECDAD AN RETURN 70.
T BwAdwayAbstraet
600 Broadway
Antony,New York 17247
l5[U'
j 4 ,
260' Warranty 'Wth Lion Covenant
9hiS IndMtUre Made the tae day of Marcl% in the year Two Thousand and
Seventeen,
&tea a
REBECCA A. BUR!►?L?"!`, nlkla REBECCA A. SOUTHWOOD, as Trustee of the
MULDERRY FAZULF nUtEV0CABLV LMNO TRUST under gust agreement
dated March 22, 2010 and amended an May 27, 2014 residing at .358
Cleverdate Road, P.O. Box 226, Cteverdale, NY 12820-0. 26, AND B. RxeAR.a
ANN MVLDERRY, as Grantor of the MMDERRY FAIMLY nZREVOCABLE
LIWNG TRUST under trust agreement dated March 22, 2010 and amended
on May 27, 2014, residing at 136 Vats S'choic k Avt,-ree.ts, Albany, New York
12209,parties of the erstpart;
and
REBECCA A. SOUTHWOOD and JASONA. SOUTHWOOD, as Husbcerut & Wife,
residing at .358 Gleverdale Road, P.O. Box 226, Cleverdale, NY 12820-0226,
,parties of the second part,
%4tws4h that the parties of the first part, in consideration of One Dopar and no
cents ($1.00) lawful money of the [betted States, ,raid by the parties of the second part,
do Ftcrebty grant and release unto the parties of the second part, thdr successors and/or
assigns forever,
_XLr hat CkrUdn Lo; Tiece orfurlce£o Gaw6 with the buildings and
irnprovements thereon, situate, lying and berg in the Town of
ueerzsburry, Country of Warrer4 State of New York and being
part of and on the northedy part of what is known as Rpley's
Point and is known as Lot Number 2 nn a surrey made by Job
Mattison its. 1577 and more particularly described as follows:
eginuing at the southeast corner of said tot number 2 and the,
northeast corner of 16 number 5 on said szaryerq and being on
the shore of Lake George and running f-orre ther+.ae westerly
along the north lime of said tot number 3 to the east side of an
avenue laid out for a highway to said lots, thence northerly
o.long the east tine of said Avenue 60 feet to the northwest
w
coater of said lot number 22 and the southwest corner of lot
number I cn said suruey; thence easiedy and along the south
line of said lost number 1 to the shore of Lake George, thenoe
southerly atony the shore of the lake a,�r it winds and turns to
the place of beginning.
7ogetFrer' iitf cany right of way the party of the first part may
have over ids now or formerly owned by R.S. REipley arW
wife, from the highway at said R:pley's former residence
along the west shore qF Ripley's Point to a place opposite said
cae)enue and to the herein. described premises.
c&*W a portion o,f the 5arae prem3es conveyed by Alice R.
ine and to Hannan A. Staley by Deed mated January 27,
1927 and recorded January 19, 1927 In Warren Counly
Clerak's Office in Book l 7l of Deeds of Paye 204,
Itis inten dby tfdscameyatue to oonvey alt fee simple interest in
the premix es devised by Leland FYedenck S'tatezy a W a
Leland F. Staley and a/k/a Leland 2R. Staley to Benjamin F.
Mulderrey by Paragraph 12 of his Wdl which said Will was
recorded in Warren Caun2y Clerk's Office ore June 27, 1953 in
Book 323 of Deeds at Page 63.
Bing the same premises conveyed to Rebecca A. Burnett and Benjamin F,
Mulderry, as Trustess of the MULDERRY RAMIL Y=VO CABLE LrWNG TRUST under
trust agreement dated March 22, 2020, by deed frorn Barbara Ann Mulderry dated
MV zrch 22nd, 2010 and recorded in the Warren. County Clerk's Office on Apr£t 150, 2020
in Volume 3999 at Page 133 as Instrument Number 2010-000027)0.
,Sulject To all easements, ccuenants curd restrictions of record if any, and to any set
of facts which an accurate survey may disclose,
Together with the appurtenances and all the estate card rights of the,parties cf the
first part in and to said premises.
To have and to hofdthe premises herein granted unto the parties of tree second part,
their suocessors, heirs and assigns forever.
ver.
tr said parties of the first part covenant cr.�;follows:
TirA That the parties of the second part shall quietly enjoy the said premises;
Se=4 that said parties of the first part will forever Warmnt the title to said
premises.
- -
TW That, in Compliance with Sec. 13 of the Lien Law, the grantors will receive
the consideration for this conveyance and will hyoid the right to receive such
cc rzsideration as a trust fund to be applied first,for the purpose of paying the cost of`the
improvement and urili appiy the same first to the payment of'the cost ofthe impr-or enjent
before using any part o,f the total of the same for any other pu.Tose.
fn 10uess%*emthe parties of the first part have hereunto set their hands and
seals the day a yearfirst erst afro rye writtem
In O wexce O
R FC 'A A. BURINET T, n/k/a REBECCA A.
SOUTHWOOD, as Trustee
BARBARA AIff MULDERRY, as Grantor
STA TO OF NEW YORK J
COUNTY OF ALBANY J SS,
On this <3 h dart' of 24— 017, before me,
the subscriber, per-5onald appeared REBECCA A. BURNETT, rVWac REBECCA A.
�SOUT`HWOOD and BARBARA AAD _MVLPERRF, to me personally known or proved to
e on the basis of saffsfadoTy evidence to be the individuals whose names are
subscribed to the within instrument cmd they acknowledged to mm that they executed
the same in their capacitfes, and that by their signatures orz the instrument, the
individuals, or the person upon beha F of which the individuals acted, executed the
instrument.
6*otary Public
WHAK J.r3ARRy
t4ly llv ftDi4 Swa Oi t4w Yams
40 v2r.AaRjARpL,
Ouigr—i rAlrary "r..mty
rIIRNgn vrp.;Bi NCr 36. n rH