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Resubmission Area Variance dated 4.3.18 as per ZBA Res. 169 Haviland Road Queensbury, NY 12804 Hutchins Engineering Phone: (518)745-0307 Fax: (518)745-0308 I April 3, 2018 Town of Queensbury Zoning Board of Appeals 742 Bay Road Queensbury, NY 12804 Re: Tamarra Ellsworth Single Family Residence Project 15 French Mountain Drive Tax Map No. 288.8-1-29 Dear Chairman Freer and Zoning Board Members: In accordance with the Board's tabling resolution from the March 28th meeting, enclosed please find revised submission packages for the referenced project. Specifically,the project has been revised to a single-family residence with a smaller house footprint and setback relief is requested from the front, rear and south side requirements of the RR-3A zone. We look forward to discussing the project at the April zoning board meeting. Please contact this office with any questions that you may have, thank you for your assistance with the project. Best R g Lucas W. Dobie, P.E. Cc: Tamarra Ellsworth Area Variance [ZBA approved: September 2120161 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 than i week-prior to deadline 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 on an agenda for that month. 3) Incomplete applications will not be considered for placement on any agenda until all missing information has been su lied. 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) Following 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. DocUMMS TO BE SUBmrrTl•;D:(HARD COPY&ELECTRONIC) 1 orieinal and 14 copies of the completed application package to include: Completed Application: pages 1-9 completed,signed&dated Pre-Submission Meeting Notes: signed by staff Denial Letter: from the Zoning Administrator 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 craigb,@,gueensbury.net Laura Moore,Land Use Planner 1moore ueensbu ,net Sue Hemingway,Office Specialist sueh@gueensbury.net (518)761-8238 Visit our website at www.gueensbury.net for further information and forms. Page 00 Area Variance [ZBA approved: September 2120161 General Information Tax Parcel ID Number: 288.8-1-29 Zoning District: RR-3A Detailed Description of Project [include current&proposed use]: Current Use: Vacant Proposed Use: Single Family Residential Location of Project: 15 French Mountain Drive Applicant Name: Tamarra Ellsworth Mailing Address 7 French Mountain Drive Queensbury NY 12804 Home Phone City, State,Zip Work Phone Cell Phone (518)429-6642 E-Mail: tamarraellsworth@gmail.com FAX No. Agent's Name: Hutchins Engineering Mailing Address 169 Haviland Road Queensbury NY 12804 Home Phone City, State,Zip Work Phone (518)745-0307 Cell Phone E-mail FAX No. lwdobie@hutchinsengineering.cc m (518)745-0308 Owner's Name Mailing Address (Same as Applicant) Home Phone City, State,Zip Work Phone Cell Phone E-mail FAX No. Page 1 Area Variance [ZBA approved: September 2120161 Site Development C]a_ta Area/Type Existing sq.ft. Proposed Total sq.ft. Additions .ft. A. Building footprint 0 576 576 B. Detached Garage 0 0 0 C. Accessory Structure(s) 0 0 0 D. Paved, gravel or other hard surfaced area 0 1,905 1,905 E. Porches/Decks 0 202 202 F. Other 0 0 0 G. Total Non-Permeable [Add A-F] 0 2,683 2,683 H. Parcel Area [43,560 sq. ft./acre] 29,703 0 29,703 I. Percentage of Impermeable Area of Site [I=G/H] 0.00% 9.0% 9.0% Setback Requirements Area Required Existing Proposed Front Yard[1] 100' 0' 75' Front Yard [2] Shoreline Side Yard [1] 75' 0' 77.5' North Side Yard [2] 75' 0' 35.6' South Rear Yard [1] 100' 0' 81' Rear Yard [2] Travel Corridor Height [maximum] 40' 0' 2S'+/- Permeability 75% 100% 91.0% Number of parking spaces Page 2 Area Variance [ZBA approved: September 21 2016] Additional Project [reformation 1. Will the proposal require a Septic Variance from the Town Board of Health? No 2. If the parcel has previous approvals, list application number(s): N/A 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit Program? _Yes/ ✓No 4. Estimated project duration: Start Date: SPR 2018 End Date: FALL 2018 5. Estimated total cost of project: $180,000 6. Total area of land disturbance for project: 11,000 SF Floor Area Ratio Worksheet Xby A RATIO (FAR) -- The relationship of building size to lot size, derived by dividing t/totauildingfloor FL t size in square feet,yielding a percentage. Zoning Distric Symbol Floor Area Ratio [ R] Waterfront Residents WR 0.22 Commercial Moderate/Co mercial CM/CI 0.3 Intensive A. The combined area of all square foo e, as measure from exterior w s of all structures on the property, including all floors of the structures, garages, base nts and attics with mor than five (5) feet of ceiling height and covered porches. Building square footage does n include: Open dec , docks and that portion of covered docks extending over water and one storage shed of one hu red twenty 0) square feet or less. Any additional sheds will be included. (See"FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square fee measured from the exterior of the outside walls of a building or structure, and when applicable,the sum total o 1 flo areas of the principal and accessory buildings or structures on the project site. Parcel Area sq. Existing Floor Area sq. ft. [see ove definition] Proposed Additional Floor ea sq. ft. Proposed Total Floor rea sq. ft. Total Allowable loor Area (Area x see above tabl Page 3 Area Variance [ZBA approved: September 2120161 Compliance with Zoning Ordinance Requesting relief from SECTION: §179-3-040A(2)(b)[21-[41 Need relief from the requirement(s)listed below which can not be met by the project as proposed. [Check all that apply] [OSetback ❑ 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 property will be created by the granting of this area variance? No,the proposed building will be very much in harmony with the character of the neighborhood. Granting these area variances would result in a positive change in the neighborhood by allowing an attractive new home to be constructed where an open field presently exists. 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? No,it could not be achieved by another method,as with the parcel's size and geometry,when the large setbacks of the RR-3A zone are applied,there is no building enveloped afforded to the parcel. 3. Whether the requested area variance is substantial? The requested area variances could be viewed as moderately substantial for the amount of relief requested from three of the four building setbacks. However,the physical impact of the project itself on the neighborhood and adjacent properties is minimal,as the home is of very modest size,with attractive architecture. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No,the proposed variance will not have an adverse effect upon the physical or environmental conditions in the neighborhood. As previously mentioned,because it would be new construction in a style in harmony with the existing neighborhood,the granting of this variance would result in a positive change in the neighborhood. 5. Whether the alleged difficulty was self-created? The difficulty is self-created in that the applicant desires to undertake the project. The geometry of the site is so constrained by the large setbacks of the RR-3A zone,that any proposal would require variances for the building setbacks. I k E i Page 4 Area Variance [ZBA approved: September 2120161 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. 1 A. General Shown on Sheet# 1 Title,Name,Address of applicant&person responsible for preparation of drawing ALL 2 Deed ENCLOSED 3 North arrow,Tax Map ID, date prepared and scale minimum: 1 inch=40 feet S1 4 Boundaries of the property plotted to scale, zoning boundary S1 5 Principal structures, accessory structures with exterior dimensions ARCHITECTURALS 6 Site improvements incl. outdoor storage areas, driveways,parking areas,etc.: existing& S1 proposed 7 Setbacks for all structures and improvements: existing&proposed S1 8 Elevations and floor plans of all proposed and affected structures ARCHITECTURALS B. Water& Sewer Shown on Sheet# 1 Project sewage disposal facilities, design details,construction details, flow rates, and number of bedrooms proposed Sl,S2 2 Water supply [i.e.well] & septic on adjoining lots with separation distances to existing or proposed on-site water supply and septic S1 3 Separation distances for proposed sewage disposal system to well and water bodies S1 4 Existing public or private water supply[well, lake,etc.]. Method of securing public or private S1 water, location,design and construction of water supply including daily water usage 5 Percolation test location and results TBD IN SPRING C. Parkin /Permeable Areas Shown on Sheet# 1 Number of spaces required for project including calculations and justification: existing& S1 proposed 2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing S1 material[e.g., gravel, paved] 3 Provision for pedestrian and handicap access and parking: existing&proposed S1 4 Design details of ingress,egress, loading areas and cutting: existing&proposed S1 5 Location and character of green areas [existing and proposed],modification to green area,buffer zone to remain undisturbed 51 6 Li htin , location and design of all existin&and pro2osed outdoor lighting ON BLDG @ DOORS D. Additional Site Development and Miscellaneous Shown on Sheet# 1 On-site &adjacent watercourses, streams,rivers, lake and wetlands S1 2 Utility/energy distributions stem [gas, electric, solar,telephone]: existing&proposed S1 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. Si 4 Square footage of bldg. area proposed for office, manufacturing,retail sales or other commercial activities: existing&proposed N/A 5 Si na e: Location, size,type, design and setback: existing& ro osed N/A 6 Waiver Request: provide letter with application requesting any waivers: please reference --specific items NONE 7 Commercial/Industrial Development requires submission of Landscaping, Stormwater Mana ement, Gradin &Lighting Plans N/A 8 1 Identification of Federal, State or County permits required for the project together with a record N/A of application.for all necessary permits Page 5 Area Variance [ZBA approved: September 21 2016] Pre-Submission Conference Form/Section 179-9-040 1. Applicant Name: Tamarra Ellsworth 2. Tax Map ID 288.8-1-29 Location: 15 French Mountain Drive 3. Zoning Classification RR-3A 4. Reason for Review: 5. Zoning Section#: r] 'ia4•t_ Grp c��?. 6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by Deed v General Information complete Site Development Data Complete Setback Requirements Complete Additional Project Information Complete FAR addressed Compliance with Zoning Ordinance V, Checklist items addressed �� Environmental Form completed Signature Page completed Iv �, 0)�, 4— f r U t�e e Pr .� t Staff Representative: OLL) " Applicant/Agent: Date: z I a Page 6 Area Valiance [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: 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: Tamarra Ellsworth Designates: Hutchins Engineering as Agent regarding the following: Variance ✓ Site Plan Subdivision For Tax Map No.:286.8-1-29 Deed Reference: Book5454 Page 59 Date 10/28/16 OWNER SIGNATURE: g� DATE: 2-- 12. -1 i$ 2. ENGINEERING FEE DIS L SURE: 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. 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. AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED. I, the undersigned,have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shaIJ 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 Uwe 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 readkaree the above. Tamarra Ellsworth:;ignature gnat Print Name[Applicant] Date signed Lucas Dobie,P.E. [Agent] Print Name[Agent] ate signed Page 7 WARREN COUNTY—STATE OF NEW YORK .iPAMELA J.VOGEL, COUNTY CLERK j 1340 STATE ROUTE 9, LAKE GEORGE, NEW YORK 12845 I COUNTY CLERK'S RECORDING PAGE *"*THIS PAGE IS PART OF THE DOCUMENT—DO NOT DETACH*"* Recording: Cover Page 5.00 Recording Fee 35.00 Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4.75 TP584 5.00 BOOK/PAGE: 5454 / 59 RP5217 - County 9.00 INSTRUMENT #: 2016-7614 RP5217 All others - State 241.00 t Receipt#: 2016415613 sub Total : 315.00 clerk: LB Rec Date: 11/07/2016 02:23 :05 PM Transfer Tax Doc Grp: RP Transfer Tax - State 170.00 Descrip: DEED Num Pgs: 4 Sub Total : 170.00 c Red Frm: MCPHILLIPS FITZGERALD & CULLUM LLP — Total : 485.00 Partyl: ELLSWORTH HOLDING LLC * NOTICE: THIS IS NOT A BILL Party2: ELLSWORTH TAMARRA M Town: QUEENSBURY Transfer Tax Transfer Tax #: 841 Transfer Tax Consideration: 42500.00 Transfer Tax - State 170.00 Total : 170.00 WARNING*** I hereby certify that the within and foregoing was recorded in the Warren County Clerk's Office, Record and Return TO: State of New York. This sheet constitutes the Clerks endorsement required by Section 316 of the Real Property Law of the State of New York. MCPHILLIPS FITZGERALD & CULLUM LLP 288 GLEN STREET Pamela J. Vogel PO BOX 299 Warren County Clerk GLENS FALLS NY 12801 t N.Y.WARRANTY DEED WITH LIEN COVENANT This Indenture, made the 28TH day of OCTOBER, 2016, Between ELLSWORTH HOLDING LLC, a New York limited liability company with a mailing address at 1784 Route 9, Lake George,New York 12845, party of the first part, and TAMARRA M. ELLSWORTH, residing at 167 Cronin Road, Queensbury,New York 12804, party of the second part, 1 r Witnesseth that the party of thefirstpart, in consideration of Ten Dollars($10.00)lawful money of the United States, and other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, her heirs and assigns forever, ALL THAT THOSE CERTAIN PIECE OR PARCEL OF LAND MORE PARTICULARLY DESCRIBED ON SCHEDULE "A" ANNEXED HERETO. Subject to all covenants, restrictions and easements of record. This conveyance does not constitute a conveyance of all or substantially all of the assets of the party of the first part and has been approved by the vote of a majority of the members. Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises, To have and to hold the premises herein granted unto the party of the second part, her heirs and assigns forever. And the party of the first part covenants as follows: First, that the party of the second part shall quietly enjoy the said premises; Second, that the party of the first part will forever Warrant the title to said premises. Third, that, in compliance with Sec. 13 of the Lien Law, 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 firstfor the purpose ofpaying the cost of the improvement and will apply the same first to 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 party of the first part has signed by its duly authorized member as of the date first set forth above. ELLSWORTH HOLDING LLC by: �c - — t Danic Ellsworth, Sole Member STATE OF NEW YORK ) )ss: COUNTY OF WARREN ) qk On the D day of ty°ve^'bel' , 2016, before me, the undersigned, a notary public in and for said State, personally appeared DANIEL L. ELLSWORTH, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUB .IC Record&Return to: Edward P.Fitzgerald,Esq. EDWARD P FITZGERALD McPhillips,Fitzgerald&Cullum L.L.P. Notary Public,State of New York Warren Co.#02FI6217689 P.O.Box 299 Glens Falls,NY 12801 Commission Expires Feb-16,20-Lb -2 - SCHEDULE "A" I 15 French Mountain Drive Town of Queensbury Tax Map #288.8-1-29 "All that certain plot,piece or parcel of land,with the buildings and improvements thereon situate, lying and being in the Town of Queensbury, County of Warren, State of New York, and more I particularly described as follows: 1 ' BEGINNING at an iron pipe set in the ground at the north-easterly corner of lands of Fred Sleaster running from thence South 88 degrees and 43 minutes West along the northerly bounds of the said lands of Sleaster,200.00 feet to an iron pipe set in a stone wall at the northwesterly corner of the said lands of Sleaster,running thence North 06 degrees and 47 minutes East along the center of the said stone wall, 150.00 feet to a point therein for a corner; running thence North 88 degrees and 43 minutes East,200.00 feet to a point for a corner in the westerly bounds of a proposed fifty foot street; thence running South 06 degrees 47 minutes West along the westerly bounds of the said proposed street, 150.00 feet to the point and place of beginning. Bearings given in the above description refer to the magnetic needle as of April, 1963. TOGETHER with the right of ingress and egress over and across the above mentioned fifty foot proposed street from the Farm to Market Road to the above described parcel of land. SUBJECT to a certain easement of right of way previously conveyed to George Stiles and Emily Stiles, his wife, which said right-of-way lies over premises herein conveyed for the purposes of laying and maintaining a water pipe line and for the purposes of obtaining from such pipe line,water for domestic use. The transfer of title effected by the prior conveyance was intended to and did quit claim and convey to Charles and Ceola Cullen all of any right,title and interest of the party of James T. Coughlan to the maintenance of an existing water pipe line crossing the subject premises and the use thereof for the purpose of obtaining necessary water for domestic use therefrom all in common with any other entitled thereto, whether of record or otherwise." Being a portion of the premises conveyed from HOWARD COOPER a/k/a MIKE COOPER a/k/a MICHAEL COOPER to ELLSWORTH HOLDING LLC by deed dated November 29, 2014 and recorded in the Warren County Clerk's Office on December 4,2014 in Book 5080 of Deeds at page 22 as instrument#2014-7736. -3- i --- a '•a: -a bw —10 r ' -- -- .; _. ��►VT- �— SOLI Th` ��/l�/,�'��/�l/c� — i -- • � I I I � l _ I - - ---� I � 1 ACY lz Tl- 62. Up -iJ- - - ---- ' ;- - - - - - - - ;-- �- ----- -7 AL AA 7 -fir+ f._ ! - 7 7 ' •I � ' `"_'''�. { I • j I � x J J-3 IX qLdic � � I I r z w .i i s�Haaddax dVW N3d t T Y a ty vi Al - e ,—"�-�_...g �dlttQ NtY.WROM XOtJ�2Lt �,t"tf viii ,b� � tt Q w s j w �g i W '� B=MH i 5 I 8$Qt I IFlt I EROSION&SEDIMENT CONTROL NOTES SITE DEVELOPMENT DATA TZ`C==Z AREA 0.68± ACRES LOCATION MAP --------------- ZONING RE STABILIZATION ZA1=7 AREA VARIANCE SUMMARY nre sounou NEIGH90RH0OD MAP NN, EROSION CONTROL IMPLEMENTATION SCHEDULE STANDARD SPECIFICATIONS FOR N NN`J MULCHING SITESETBACKS WASTEWATER SYSTEM DESIGN AREA el 0.501 ACRES ABSORPTION FIELD NOTES A2�——————————————— WASTEWATER SYSTEM SCHEDULE SYSTEM MATERIAL SPECIFICATIONS pit SITE PLAN 1/I ox GRAPHICSCALE W1W SYSTEM INSTALLA71ON NOTES v-, SITE PLLANrr Dig Safely. Z­ lNewy.,k x.vssx,row.xavosssx,wwswcw:swwwc MAP REFERENCE 15 French Mountain D1. H-h-E,-,, --RD S— F— ............. Foil STABILIZED CONSTRUCTION SEDIMENT CONTROL FENCE DETAIL ENTRANCE DETAIL WELL DETAIL Q-j 2-11.1 ABSORPTION TRENCH SEMON ABSORPTION TRENCH PROFILE SEPTIC TANK DETAIL 001, ON OR RE�Ico b. No FOR sena vrecmcre TAX MAP#288.8-1-29 GRAVEL DRIVE DETAIL DETAIL SHEET —,Ith 15 French I+ountain D.ive H-h—E —.—q 291061-01-S3 �q