Application TOWN OF QUEENSBURY
742 Bay Roan, Queeirsbury, NY, 22804-5902
March 16, 2018
Kevin and Lynsey Whiting
49 Walkup Road
Lake Gie*rge,NY 12845
Re: Single-Family DwellingPost Construction Building Permit File: RC 4-2017
49 'Walkup Road
Tax Map Parcel: 27S.-2-13
Dear Mr. and Mrs. Whiting:
I am writing you with regards to my review of the above-referenced building permit application.
Upon my review of the final survey submitted for the construction of your home, I find that your
dwelling will require Area [variance review by the Zoning Board of Appeals, Variance relief is
needed as the structure impedes upon the minimum setback Mufrements for the R.R3A zoning
district*
This letter serves as the denial letter for the processing of yot)r application.
Sin ly,
Craig Brown
Zoning Administrator
CBfsh
LACraig BrownUO19 LentrsWenial Whiting 3_16-18,ctoc
" Home of Natural Beriattty _,_ A Good Place to Line "
Area Variance [ZBA approved: September 21 2016]
General Information
Tax Parcel ID Number:
Zoning District:
Detailed Description of Project[include current&proposed use]:
Current Use:
Proposed Use:
�/ q ' f 1 i
Location of Project: - l I W c �k� p rd
Applicant Name: I Mailing Address
Home Phone City, State,Zip
Work Phone Cell Phone
E-Mail: FAX No.
Agent's Name: Mailing Address
Home Phone City,State,Zip
Work Phone Cell Phone
E-mail FAX No.
Owner's Name Mailing Address
Li rck.
Home Phone c 1 (� S City, State,Zip
J _79 t' Ct &
Work Phone Cell Phone
sl 79 /- yX9,9 Sig 932 -3273
E-mail FAX No.
Page 1
Area Variance[ZBA approved: September 21 2016]
Site Development Data
Area/Type Existing sq.ft. Proposed Total sq.ft.
Additions .ft.
A. Building footprint 1169
B. Detached Garage
C. Accessory Structure(s)
D. Paved,gravel or other hard surfaced area
i)O
E. Porches/Decks `f
F. Other
G. Total Non-Permeable [Add A-F] LI Ll S Z
H. Parcel Area [43,560 sq.ft./acre]
/08, g C 3. .7-
1. Percentage of Impermeable Area of Site [I=G/H] L'
C
Setback Requirements
Area Required Existing Proposed
Front Yard[1] /00
j L/
Front Yard[2]
Shoreline
Side Yard[l]
t5—ReSide Yard[2] C 7�_ 015—
Rear,
ar Yard[I 1 J00 C' V
Rear Yard[2]
Travel Corridor
I
Height[maximum] 12'
Permeability W
Number of parking spaces
Page 2
F I
Area Variance [ZBAapproved: September 212016]
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? /t/O
2. If the parcel has previous approvals,list application number(s): l,y14, ;r r -7
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit
Program? _Yes//No k'-e
4. Estimated project duration: Start Date: LQ'�� End Date: L c'""VAC
5. Estimated total cost of project: 7xc' aC 0
6. Total area of land disturbance for project: Ile? L4 j O c 0 <1 C c Ph?le ft)
Floor Area Ratio Worksheet
FLOOR AREA RA IO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor
area by the lot size in quare feet,yielding a percentage.
Zoning District Symbol Floor Area Ratio [FAR]
Waterfront Residential WR 0.22
Commercial Moderate/Commercial CM/Cl 0.3
Intensive
e,as measure from exterior walls of all structures on the property, including all
A. The combined area of all square foota�
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 hun&d 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 flog areas of the principal and accessory buildings or structures
on the project site.
Parcel Area AIA
ft.
Existing Floor Area sq. ft. [see above definition]
Proposed Additional Floor Area sq.ft.
Proposed Total Floor Area sq.
Total Allowable Floor Area (Area x see above table
Page 3
Area Variance [ZBA approved: September 2120161
Compliance with Zoning Ordinance
i
Requesting relief from SECTION: -7 U - IYn t-n S fc"4.'ej
Need relief from the requirement(s)listed below which can not be met by the project as proposed.
[Check all that apply] Setback ❑Buffer Zone ❑Lot Width ❑Other
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 propertyi will be created by the granting of this area variance? ,�//
4ZO c, cke$ ra e, L� ct„+arC l_i: ll be 7rcAJ A `1/ 8 r,,oer{v rlwLler^S
De.tt`� s Ina rx u cx•1 L"I-t'1-'el, i�Tft+1�ssro�.� CL
1 Vl LY ( r�r vv� f 1 Cl C✓l
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?
-/�/O, -l�•e Qy i Id61r, � rea-14 e. l 1u b erg c,c c+ ,L,c-44
3. Whether the requested area variance is substantial?
--VQ +'he noc ecfeel ane.o unr;cice iS w.t'V%;MeJ.
Oy�' a— Lc"c, vL6--/,va r E! n✓a p c r j- c^ t-.N- IR R.-3 ZcA-L-e . Pc, c." Seri 4-�rA4^-
f %_'J t%-,F9C7 b�,ti.� -i'�-e_ Gt .o 1 yy1 H! 7 V-22 n"'CIA c/� .i S P
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
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5. Whether the alleged difficulty was self-created?
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Page 4
Area Variance [ZBA approved: September 21 2016]
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 drawing(s)—a survey showing existing conditions,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. General Shown on Sheet#
1 Title,Name,Address of applicant& person responsible-for preparation of drawing
2 Deed
3 North arrow,Tax Map ID,date prepared and scale minimum: 1 inch=40 feet]
4 Boundaries of the property plotted to scale,zoning boundary
5 Principal structures,accessory structures with exterior dimensions
6 Site improvements incl.outdoor storage areas,driveways,parking areas,etc.: existing&
proposed
7 Setbacks for all structures and improvements: existin &proposed
8 Elevations and floor plans of all proposed and affected structures
B. Water&:Sewer Shown on Sheet#
1 Project sewage disposal facilities,design details,construction details,flow rates,and number of
bedrooms proposed eel S 1 k S SJc ti
2 Water supply [i.e. well] &septic on adjoining lots with separation distances to existing or W 1 I C"
proposed on-site water supply and septic �,e
3 Separation distances for proposed sewage disposal system to well and water bodies AA
4 Existing public or private water supply [well,lake,etc.]. Method of securing public or private
water, location,design and construction of water supply including daily water usage
5 Percolation test location and results
C. Parkin /Permeable Areas Showi i on Sheet#
1 Number of spaces required for project including calculations and justification: existing&
proposed
2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing
material e. .,gravel,paved]
3 Provision for pedestrian and handicap access and parking: existing&proposed
4 Design details of ingress,egress, loading areas and cutting: existin &proposed
5 Location and character of green areas[existing and proposed],modification to green area,buffer
zone to remain undisturbed
6 Lighting, location and design of all existing and proposed outdoor lighting
D. Additional Site Development and Miscellaneous Shom n on She..#
1 On-site&adjacent watercourses,streams,rivers,lake and wetlands
2 Utility/energy distributions stem [gas,electric,solar,telephone]: existing& ro osed
3 Location,design and construction details of all existing and proposed site improvements
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
activities: existin &proposed
5 Signage: Location,size,type,design and setback: existing&proposed
6 Waiver Request: provide letter with application requesting any waivers: please reference
specific items
7 Commercial/Industrial Development requires submission of Landscaping, Stormwater
Management,Grading& Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record
of avolication for all necessary permits
Page 5
Area Variance [ZBA approved: September 21 2016]
Pre-Submission Conference Form/Section 179-9-040
1. Applicant Name: Y_e,,,r �1 �;�-t�.t L�nSc.. �f�:-�l►1c
2. Tax Map ID 279.'Z-)413 Location: 11
9 � i
3. Zoning Classification 3
4. Reason for Review: e,-sm FS'Sian r 75-1 S4ti-6miL is b e [, ("a
5. Zoning Section#: 1 ) q-3 -0 '10
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Deed
General Information complete
Site Development Data Complete ✓
Setback Requirements Complete ✓
Additional Project Information Complete �-
FAR addressed
Compliance with Zoning Ordinance
Checklist items addressed ✓
Environmental Form completed
Signature Page completed
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Staff Representative: Jr, .t nt O r-Q — r 4 f�W�U L I SCJ QLY
Applicant/Agent: Date: Z,
Page 6
Area Variance[ZBAapproved: September 212016]
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:
Designates: as Agent regarding the following:
Variance— Site Plan_ Subdivision_
For Tax Map No.: Deed Reference: Book Page_Date
OWNER SIGNATURE: DATE:
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:
Designates: as Agent regarding the following:
Variance_ Site Plan Subdivision_
For Tax Map No.: Deed Reference: Book_ Page_Date
OWNER SIGNATURE: DATE:
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 S 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.) 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 additionalP ermits.
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 REOUIRED: 1,the undersigned,have thoroughly read and understand
the instructions for submission and agree to the submission requirements, I acknowledge 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.
Sign''aature pplicant] Print Name[Applicant] Batesigned
Signature[Agent] Print Name[Agent] Date signed
Page 7
f +
SCHEDULE A DESCRIPTION
f
ALL THAT CERTAIN PIECE OR PARCEL OF LAND, situate, lying and
being in the Town of Queensbury, County of Warren and State of
New York, more particularly bounded and described as follows:
BEGINNING at a point in the center of Walkup Road, located
North 51 dgrees 21 minutes 30 seconds East, a distance of 100
feet from the southeast corner of the lands conveyed to Philip G.
Robertson by deed dated February 2, 1988, and recorded in Book
703 of Deeds at page 29; running thence North 23 degrees 38
minutes 10 seconds West, a distance of 651.85 feet to a point in
the easterly bounds of said lands of Robertson; thence running
South 53 degrees 40 minutes 30 seconds East, a distance of 195.67
feet; thence running South 23 degrees 38 minutes 10 seconds East,
a distance of 464.16 feet to the center of said Walkup Road;
thence running along the center of said Walkup Road the following
ti
three (3) courses and distances:
1. South 63 degrees 21 minutes West, a distance of 27.71
feet;
2. South 53 degrees 55 minutes 30 seconds West, a distance
of 43.25 feet;
3. South 51 degrees 21 minutes 30 seconds West, a distance
of 29.04 feet to the point and place of beginning, containing
1.25 acres of land, be the same more or less.
Bearings given in the above description refer to the
magnetic meridian as of June 19, 1969.
EXCEPTING AND RESERVING that portion of the above that lies
within the bounds of said Walkup Road.
BEING a portion of the premises conveyed by Lois Walkup to
David E. Dutra and Mary Lou Dutra, his wife, by deed dated
August 31,. 1970, and recorded in the Warren County Clerk's Office
on April 8, 1971, in Book 533 of Deeds at page 499.
88-401 October 6, 2015
Suggested description of the lands of Edward Hayes Jr., combining tax parcels 278-2-12 and 13.
All 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 center of Walkup Road at the southeast
corner of the lands conveyed to Phillip G. Robertson by deed dated February 2, 1988 and
recorded in book 703 of deeds at page 29; thence running along the lands of Robertson, the
following seven courses and distances:
(1) North 25 degrees, 40 minutes and 00 seconds West, a distance of 127.49 feet;
(2) North 23 degrees, 45 minutes and 00 seconds West, a distance of 186.29 feet;
(3) North 71 degrees, 40 minutes and 00 seconds West, a distance of 30.65 feet;
(4) North 11 degrees, 48 minutes and 00 seconds West, a distance of 46.97 feet;
(5) North 00 degrees, 16 minutes and 00 seconds West, a distance of 119.25 feet;
(6) North 05 degrees, 17 minutes and 00 seconds West, a distance of 58.74 feet;
(7) North 03 degrees, 23 minutes and 00 seconds West, a distance of 141.08 feet; thence
running along the easterly bounds of the lands of Edward Hayes Jr. and the westerly bounds of
lands of Andrea Hayes, the following two courses and distances:
(1) South 53 degrees, 40 minutes and 30 seconds East, a distance of 195.67 feet;
(2) South 23 degrees, 38 minutes and 10 seconds East, a distance of 464.16 feet to a point in
the center line of Walkup Road; thence running along the center line of Walkup Road in a
westerly direction the following three courses and distances:
(1) South 63 degrees, 21 minutes and 00 seconds West, a distance of 27.71 feet;
(2) South 53 degrees, 55 minutes and 30 seconds West, a distance of 43.25 feet;
(3) South 51 degrees, 21 minutes and 30 seconds West, a distance of 129.04 feet to the place
and point of beginning, containing 2.5 acres of land to be the same more or less.
Bearings given in the above description refer to magnetic North June 12, 1969.
EXCEPTING AND RESERVING that portion of the above that lie within the bounds of said
Walkup Road.
SUBJECT to easements of record.
Van Dusen & Steves
Land Surveyors
NYS Lic. #50135