Application TOWN OF QUEENSBURY
742 Bay Road, Qveensbary, IqY. 72804-5-402
April 18, 2019
Dean Howland
PO Box 708
Lake George,NY 12845
Re: Detached Garage with storage above Our Big. Permit File AST 159-2018
17 Heron Hollow Road Luke &Jane Sears
Tax Map Parcel: 227.17-1-4.1
Dear Mr. Howland:
I am writing you with regards to my review of the above-referenced project.
As I understand, you are proposing construction of a 768 sq. ft. detached garage with 424 sq, ft,
of storage area above.
Area Variance relief is required from maximum allowable height restrictions and maximum floor
area ratio for such structure in the VAR zoning distract_
This letter serves as your den ia] letter far the processing of your applications,
Should you have any questions or comments regarding your application, please do not hesitate to
contact this office.
Sincerely,
(:_�Ij
Craig Brown
Zoning Administrator
Blsh
Cc: Luke&Jane Sears
L-ICraig Bro n\2018 Uettcxs,\Denial Howland_ ears 4_18_18.doc
" Howe of Natural 8vaitty — A Goon Place to Live "
Area Variance IaeA. roved; sepureber21 m16
Gencral Information
Tax Parcel ID Number.
Zoning District- LL)
Detailed Description of Project[includeh current&propased mates]: ,�J�
CUI7CIII u5C= T ff .5 4 SF-.t .h �qa {
Proposed Uso:�tQ S fa Sr ofd. botzi- . L'
Location of Project;
Applicant Nsme: MailingAddress ----
Hamc Phone City,State,Zip ++ __
G.a '
Work Phone Cell Phony
E-Mail: FAX No_ -
Agent's Narne; Mailing Address
Home Phone City,Stag:,Zip
Work Phone Cell Phone
E-mail FAX No.
Owner's Narne Mailing Addrexs i'oAatrKdVn C^ArcjjL--
- .1c. cu
Home Phone City,State,Zip Ij
Work Phone �i - — Cell Phono
E-mail FAX 1�0,
Page I
Area Variance[LBA approwd: Sapl=btF 21 2616)
Siw Development Data
Area f Type Existing sq.ft. Proposed Total sq.ft.
Addtdoo s .ft.
A_ $uilding Footprint
B. Dttaciled Garage �
t
C, Accessory Structtrrc{s) ~ '
J
D. -Paved,gravel or other hard surfaced area
E. Porches f Decks
l�
F. Other
G. Total Non-Permeable [Add A-F]
K Parol Area [43,560 sq.ft.(aero]
1. Percentage of Impemkable Area of&te [I-Cw i]
Setback Requirements
Area Required Existing Proposed
Front Yard[I]
Front Yard[2]
Shoreline
Side Yiffd[1]
Side Yard 12]
Rear Yard[l]
Rear Yard[2]
Travel Corridor
Height[maximum] L O ri >4
ZlIz
P"eability
Number of parking spaces
Paye 7
Additional Project Information
1, Willithe proposal require aSeptie ariancefrorntheTownBoardofHealth?No
2. Ifthe parcel has previous approvals, list application number(s)-
3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program?
No
4. Estimated projectduration, Start Date 5118 to End Date
8118
5. Estimated total cost of project: $50,000
6, Total area of land disturbance for project- 800sf_
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 VVR 0,22
Commercial ModeratelGernmercial Intensive CM) CI 0.3
Main Street MS 0.3
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 inciude, 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").
8 Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building
or structure, and whon applicable_the sum total of all Floor areas of the principal and accessory buildings or structures
on the project site.
A. Parcel Area 42253,2
B Existinci Floor Area $330.
C. Proposed Additional Floor Area 968 sq. ft.
D Proused Total Floor Area 9293 sq. ft
E. Total Allowable Floor Area 9295.7 sq. ft.
*if E is larger than D, a variance or revisions to your plan may be needed. Please consult
W/Staf#_
3
Area Variance Revised March 2014
Town of Queensbury •Zoning Office-742 Bay Road•Queensbury.NY 12804.518-761-8238
Area Variance[ZaA appm ed: Scp1cmbcr 21 2016]
Compliance with Zoning Ordinance
Requesting relief from SECTION: 'OLI.Q.P
Need relief From the requireinent(s)listed below which cannot tae met by the project as proposed.
Xheck all rhaf a0.1 ❑Setback ❑ Buffer Zone ❑Lot Width AOt
The Fallowing questions Mtlect the criteria for grantittg this type of variatice. please complete them;use additional sheets if
needed-
], Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby property wiIi be created by the granting of this area variance?
or 1 Ca PcrtiLd -�UEL-
z Whether the benefit sought by the app Iivaw can be achieved by some method, feasible for thte applicant
o pursue,other than an area vari2ncv?
Ir
x&2.1
X0 tubi r9
t'rF ,YVI0 r-t-w+"t ,
3. W hoher the requested arca variance is substantial''
ffv sem , .._ CCU4. -
4- Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district`*
tan ta.3 t I I hoLt t rn Li
C11, CC
a rL5 't it
nood
5. WhLeth_er the alle-ed difficulty was self-created'' ,Q
Page 4
Am Vari anCC 128A approval' Scp+smUrr 2120161
Section 179-14.030—Application materials
Application mlttcriais and silt plan drawing is to include sufficient infomiaiion for the Board to rev iww and provide a decision, The
app Iieunl is to provide a site plan drawing(&)—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 applicabir to the proposed project.
A. General ShoWn on Sheet#
1 Tit1.c.Nanw.Address of applicant&person responsible for preparation of draw ing
2 Deed
3 North arrow,Tax Map TD.dote prepared and scale minimum: I inch=40 feet
d Boundaries of the property plcntect to scale,zoning boundary
5 Nuc i al structures,accessory structures with extetiordimensions
6 Site improvements incl. outdoor storage areas,driveways,parking areas,etc.: existing&.
proposed
7 1 Setbacks for all structures and irpmvernents, existin &_PTOPOsed
S Elevations and floor etans.of all ed and affected structures
B. Water&Sewer Shrnm on Sheet#
1 Projcel sewage disposal facilities.design details, construction detaiis.flow rates,and number of
bedrooms proposed A
2 Water supply ro osed on-si[i_c-wall]&septic on adjoining lots with separation distances to existing or
te water su ly and septic NA
3 Separation distances for proposed sewage d ispotal system to well and water bodies
4 Existing public or private water supply[well,lake,etc,]_ Method of securi ng pubi ic or private
water,locatioix design and construction of wA[er su pp l •i nc I A ng da dy water usage Jt.J
5 Percolation test location and resttlls
C. Parkin /Pcmteable Areas Shown on$hest#
I Number of spaces required for project including calculali[sn5 and justification: existing
proposcd
2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing
material e. ., avel,paved]
3 Provision for pedestrian and handicap access and parking: existing&_ ro osed }
4 Desip details of ingress,egmss,loading areas and cultin exislirl &proposed
5 Location and character of green areas[existing and proposed],modification to green area,buffer
zone to remain undisturbed AJ ov
6 Li htin ,location and des[gn of all existin g and proposed outdoor Ii htin )V A
D. Additional SileDevelopifticat and Miscelianeaus Shown on Sheet#
I On-silt&ad'a=nt watercourses,sireams,rivers,lake and wetlands 5z
2 Utility I energy distributions stem as electric solar,telephone]: existitl & ro osed 4-
3 Location,design and construenion details of all existing and proposed site improvements
including: drains,culverts,retaining walls,fences,fire&eFRCrgency zones and hydrants.etc. .54-
4 Square footage of bldg, area proposed for office,manufacturing,rotail sales or other commercial
activities: exisiing&proposed
5 Signage- Location,size,type.design and setback: existin &proposed
6 Waiver Request: provide ietter with application requesting any waivers: please reference
s ecific items
7 Commercial i Industrial Development requires submission of Landscaping,Starmwater
Management,Grading&Lighting Plans
8 identification of Federal,State or County permits required for the project together with a record
of application for all necessary nnits
Page 5
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WARREN COUNTY DOCUMENT-4 00010136
PAMELA I V00418LUME s 4,553 FADE 2 21S
COUNTY CLERK
Lake George, NY 12845
Volm-4653 Pg-218
Instrument Number: 2012-00010136
As
Recorded On: December 28,2012 Deed
Parties: SEARS LUKE GEORGE
To
LUXE G AND JANE M SCAeS O-QAQVIOED Billable Pages: 5
Recorded By: MARK REHM ESDI Num Ot Pages: 5
Comment:
•• Examined and Charged as Follows: "
Deed 6550 Gager gage $00 RF V1 Z Res-diAgric 12500
TP-554 5.40
gapuwting Char�a: 2010.0
Corhwerauon
Amount +°'rMUM RS*CSP
Transfer Tax d 00 0.00 TT 1066 Basic 040
❑UEENSBURY LOW 0.04 Speaal AA hoRal O.00
Addklonal 0 00 Transfer 000
Tax Charge, 0.04
OEC€lRDED
Courity Clerks QEf ice
0,K $&12012 02:27P
Pamela J. Vogel
Warren Cowts Clerk
THIS PAGE IS PART OF THE INSTRUMENT""
I hereby cer#ify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY.NY
File Information: Record and Return To:
Docurnenl Numtrer: 2012-000101 36 MARK REHM ESQ
Receipt NLimber_ 281960 PD BOX 2152
Recorded Date7irne: December 2B, 2012 02-27:28P GLENS FALLS NY 12801
Book-ValiPg: Bk-RP VI-4$53 Pg-218
Cashker I Station' C Latham 1 Cash Station 3
DOCIiMENT-P 0PAGE:0136
VOLUME
' WARRANTY DEED WITH FULL COVENANTS
(INDIVIDUAL AND CORPORATION)
STANDARD NY-BTU FORM 8008
CA1J'i`)ION:THIS AGREEMDENT SHOULD lila.PREPARED BY AN ATTORNEY AND
REVIEWED BY ATTORNEYS FOP,SELLER AND PURCHASER BEFORE SIGNING.
THIS INDENTURE,made the 264 day of December,twp thousand and twelve,
� between
1 r
LM GEORGE SEARS and JANE MARIE SEARS, having an address trf 4 Paddington Circlo,
Bronxvil2e,New York 10708,party of the first part,and
LUKE G. AIN-D JANE M. SEARS QUALIMEU PERSONAL RESIDENCE TRUST DATES]
DECE:MAER 26,2012.having an address of 4 Paddington Circle, Bronxville,Ncw fork 10708,
party of the second part,
WITNESSETH, that the party of the first part, in consideration of one dollar, lawful
money of the United Statas, paid by the party of the second part, does hereby grant and release
unto the party of the second part, the heirs ar successors and assigns of the party of the second
pan foeever,
ALL that "rain plot, plece or parcel of land. with the buildings and impmvements
thereon erected, situate, lying and being in the Town of Qmensbury, County of Warren, and
State of New''fork,more particularly described in Schedule"A"annexed hereto and made a pan
hercof_
BEING the saute premises de5ciibed in a certain deed conveyed by Lukc George Sears
and Jane Marie Sears to Luke George Sears and Jane Marc Scars dated September 14,2010 and
raorded in the Warton County Clerk's Office on November 18, 2010 at Volume 4127 of Real
Property at Page 170.
TOGETHER with all right,title and inte,-est, i#'any,of the party of the first part in and to
any streets and roads abutting the above described premises to the center lines theroof,
TOGETHER with the appurtenances and all the estate and rights of the party of the firsi
pan in and to said premises,
TO HAVE AND TO HOIJ9 the premises herein ranted unto the party of the Second
Part.the heirs or Successors and assigns of the party of the sreond pan foreycr.
DOCUMENT- 00010136
VOLUME: 4653 PACE: 220
SCHEDULE A
ALL THAT TRACE' pit PARCEL OF LAND si ate, lying, and being in the
Town of Queensbury,County of Warren,and State of New York,and more particularly
bounded and described as follows:
BEGINNING at an iron pipe found in the westerly bounds of a right-of-way that
is over a strip of land 20 feet wide marking the northwesterIy corner of prernises of the
parties of the fust part and the southwesterly corner of premises now or formerly
owned by Gordon T.Moyrdhan,Ir.and Joan M_Moynihan lying on the westerly side of
the 20 foot wide right-of-way, (said right-of-way is also known as Heron Hollow pond),
nu using thence on a course South 53 degrees 47 minutes 00 seconds past, a distance of
160,40 feet to an iron pipe,ruRning thence on a course along the westerly lands now or
formerly owned by lean Ivf_ Hoffman and William A. Weatherbee an a course South 27
degrem 09 minutes 00 seconds West,a dixtanre of 121.44 feet to an iron pipe, running
thence on a course North 60 degree9 24 rninutes 25 seconds West, a distance of 171.41
feet to a capped iron rod set in the easterly boundary of said 20 foot right-of-way,
running thence on a course North 32 degrees 25 minutes 00 seconds East, a distance of
140DO feet to the point or plate of beginning,
EXCEPTING & RESERVING THEREFROM an easement for the benefit of
Gordon T- Moynihan.Jr. and Joan M. MoyrdhAr4 which will allow them to leave their
"framed garage" as same is presently located and maintain same, notwithstanding the
fact,that the southeast carrier of-arnc encroaches on the north lime of the parcel above-
described by two feet six inches, this eaw went shall terminate if said garage is ever
destroyed or moved.
SUBJECT to restrictive cov€}naris and easements of record.
SUBJECT to the restrictions that the prermses hereby conveyed are adde4 to
other adjacent premises owned by Lee J. Pike and Carol 1. Pike to form one parcel with
those other premises being described in a deed from Mousse G_ Goodwin to Lee J. Pike
and Carol J. Me dated September 28, 1991, which deed was recorded in the Warren
County Clerk's Office on October 2,1991 in Book 834 of Deeds at Page 97,
INTENDING THAI' the parcel being conveyed will be joined with the other
premises of Lee J.Pike and Carol I.Pike so that the resulting product will be compliant
as a ane-acre parcel_
BEING the same prernises 1=veyed by Lee I. Pike and Carl J. Pike to Luke
George Sears dated September 23, 7009 and recorded in the Warren County Clerk's
Office on October 2,20Q9 at Volume 3878 of Real Property at Page 122.
DGCUMENT; 00010136
V01-U '1E: 4653 PAGES 221
ALL THAT CERTAIN PIECE OR PARCEL 01F LAND situate, lying,and being
in the Town of Queensbuiry, County of Warren, State of New York, being fats
Number 3 and 4,as shown on a map of lots of Abbie H.Gunn. made by JA IngaEs,
C_E,, and filed in the Warren County Clerk's Office on'December 20, 1928 and which
premises are shown on a survey entitled "Map of Lands to be Conveyed to Leg J. dt
Carol Pike", Town of Queensbury, Warren County, New York, dated September 16,
1991 and made by Coulter&McCormack,Licensed Land Surveyors,Glens Falk,New
York, which map is to be filed in the Warren County Clerk's Office, as Map A1472,
and which prensises are more particularly bounded and described as follows:
BEGINNING at a point in the westerly boundary of a right-of-way which point
marks the southerly most corner of lands now or formerly of Moynihan (Book 649
Page 95) and which point marks the northeasterly earner of the premises conveyed
hereunder and is marked by a drill hole in 4" x 4" concrete monument and mining
thence from said point of be&tning along the westerly boundary of the
aforementioned right-of-way South 34 degrees 49 minutes 05 seconds West, a distance
of 137.01 feet to a point rnark.ed by an iron pipe,which point marks the northeasterly
comer of lands now or formerly of Gazeley (Book 316 Page 456)and the southeasterly
coater of the premises conveyed hereunder; thence North 55 degarees 04 rninutes 25
seconds Wes4 along the northerly boundary of lands of Gateley and passing over an
iron pipe found in said boundary line, 9996 feet from the last mentioned corner,
136.12 feet to a point in the shore of Lake George, which point marks the
southwestexly carrier of the premises conveyed M.eunder, the--Lte running in a
generally northerly and northeasterly direction along the shore of Lake George as the
same winds and turn far a distance of 177 feet,more or less, to a point marling the
northwesterly corner of the promises conveyed hereunder and the southwesterly
comer of said aforerrt€ boned lands of Meynftn and which point is located North 38
degrees 14 minutes 00 seconds East, a distance of 173.73 feet on a tie line from the
aforementioned southwesterly corner of the premises conveyed hereunder; running
thence from said paint,South 38 degrees 55 minutes 50 seconds East,131,01 feet to the
point or place of beginning, estimated to curtain 20AW square feet or 0.48 acres of
land,be the same,mare or less,
TOGETHER VnTH a right-of-way in common with others over a strip of land
twenty (20) feet wide, in the rear of lots 1 to 7, iminzsive, and the next two lots
immediately south of the same, as shown an said map, also the right-of-way in
common with others, reserved in the deed of the party of the first part (Abble H.
Gunn) to Fred G. t~ielding, elated December 2, 1918, and recorded in the Warren
County Cleric's Office on the 160 day of December,1918,in Book 140 of Deods at Page
24, and therein described as a right-of-way from the highway dawn Ripley's Point
along the wuth line of said premises adjoining said Orlin Bxaytorn's Farm to the
Franklin F.GuTm lot.
DOCUMENTF 00010136
F• VOL-Ut1E 2 - 4653 PAGE: 222
TOGETHER WI'Y'E-f all right, title and interest of the grantor herein in and to
those premises lying between the westerly boundary of the wave-described premises
and the mean high water mark of Dice George.
This conveyance is made together with and subject to covenant3, Conditions,
restrictions,and easements of record,if any,affecting the premises hereby conveyed irL
addition to those specifically set forth above.
BEING the salve premises conveyed Lee 1. Pike and Carol J. Pike to Jane Marie
Sears by deed dated September 23, 2[W and recorded in the Warren County Clerk's
Office on October 2,2DD9 at Volume 3978 of Real Property at page 119.
Record and Return Ta:
004
f 2
DOCUMENT- 00010136
VULUME 4653 PAGE! 223
AND Elle party of the first part,in compliance with Section 13 of the Lien Law,covenants
that the party of the first part will native the consideration for this conveyance and will hold the
right to receive such consideration as a trust fund to he applied first for the purpose of paying the
costs of the improvcment and will apply the same first to the payment of the cost of the
irnprovetnent before using any part of the total of the same far any outer purpose.
AND the party of the first part covenants as follows:
FIRST. That said]ratty of the first part is seined of the said premises in fee simple,and
has good right Lo convey the same;
SECOND.That the party of the second part shall sluiedy enjoy the said prerniscs;
THIRD.7b at the said premises arc free from encumbrances,except as aforesaid:
FOURTH- That the party of the First part will cxcoute or procure any furthcr nwcwaU
assurwa ce of the title to said premises;
FIFTH,That said party of the first part will forever warrant the title to said premises.
The word "party" shall be construed as if it read "parties" whenever the sense of this
indenture so requires,
IN WITNESS WHERE OF,the party of the first part has dial exezuted this deed the day
and year first above written.
L[F GEORGE F
Q" Twu—
dA MARIE SEARS
Acknowledgmenr
STATE OF NEW YORK )
as..
COUNTY OF
On the 26h day of December in the year 2012 before me, the undersigned. personally appeared
LUKE GEORGE SEARS and JANE MARM SEARS porsonally known to me or proved to me
on the basis of satisfactory evidence to be the individuals whose names are subscribed to the
within insuument and acknowledged to me that they executed the same in their capacities, and
that by thci r signatures on the instrument,the individuals,or the person upon behalf ref which the
individuals acted,execute a instrument.
(si at re ncI 0111cc of individual taking acknowledgment}
JENNIFER LEIGH FiDS1=N
Notary Pubuo,State o1 New York
No. 02808055293
Ouanfied In Now York County
Cvrnm[aslon Expires February 20, 20