Application PAUL E.PONTIFF BARTLETT,PONTIFF, STEWART & RHODES,P.C. KARLA WILLIAMS BUETTNER
ALAN R.RHODES ELISABETH B.MAHONEY
ROBERTS.MCMILLEN ATTORNEYS AT LAW JOHN D.WRIGHT
PHILIP C.MCINTIRE P.O. BOX 2168 JESSICA HUGABONE VINSON
MARK A.LEBOW= ONE WASHINGTON STREET
J.LAWRENCE PALTROWIU
MALCOLM B.O'HARA GLENS FALLS,NEW YORK 12801-2168 BENJAMIN R.PRATT,JR,
PATRICIA E.WATKINS OF COUNSEL
MARK E.CERASANO
BRUCE O.LIPINSKI TELEPHONE(518)792-2117 RICHARD J.BARTLETT
PAULA NADEAU BERUBE FAX(518)792-3309 1926-2015
JONATHAN C.LAPPER EMAIL infur?hnsrinw.rnm ROBERT S.STEWART
JAMES R.BURKETT WEBSITE%vww.hV%rlmr.rnm 1932-2001
STEFANIE DILALLO BITTER - BERTRAM J.DUBE
SERVICE BY FACSIMILE NOT ACCEPTED 1916-1999
June 13, 2018
Stephen Traver, Chairman
Queensbury Planning Board
742 Bay Road
Queensbury, NY 12804
Harrison Freer, Chairman
Queensbury ZBA
742 Bay Road
Queensbury,NY 12804
Re: Larry Steinhart
362 Cleverdale Road
Tax Map ID 226.12-1-64
Dear Chairman Traver and Chairman Freer:
On behalf of Larry Steinhart we are hereby submitting applications for area variances and site
plan review with regard to the residence located at the above referenced address. We are requesting
minor area variance relief for two requirements, side setback and floor area ratio, to add a 136 sq.
ft. bathroom addition in order to enable the owners to make this their retirement home with a
handicap accessible bathroom. Please place this matter on your July agendas.
Very truly yours,
BARTLETT, PONTIFF, STEWART
& RHODES, P.C.
By: 1
J an C. Lapper, Esq.
r r#: (518)832-6434
rr
c►Fax#: (518)824-1034
cl E-Mail:icl(a)basrknI,.ca►It
CC: Larry Steinhart
Tom Hutchins, PE
Area Variance [ZBA approved: September 21 2016]
General Information
Tax Parcel ID Number: 226.12-1-64
Zoning District: Waterfront Residential
Detailed Description of Project[include current&proposed use]:
Current Use: Single-Family Residence
Proposed Use: Single-Family Residence
Location of Project: 362 Cleverdale Road
Applicant Name: Larry Steinhart Mailing Address 1809 Flower Drive
Home Phone City, State,Zip
Sarasota FL 34239
Work Phone Cell Phone
E-Mail: FAX No.
Agent's Name: Hutchins Engineering Mailing Address 169 Haviland Road
Home Phone City, State,Zip
Queensbury NY 12804
Work Phone Cell Phone
(518)745-0307
E-mail thul chins@hutchinsen ineerin com FAX No.
g� g• (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 21 2016]
Site Development Data
Area/Type Existing sq.ft. Proposed Total sq.ft.
Additions .ft.
A. Building footprint
1,156 136 1,292
B. Detached Garage
463 0 463
C. Accessory Structure(s)
D. Paved, gravel or other hard surfaced area
2,135 -142 1,993
E. Porches/Decks
527 0 527
F. Other
G. Total Non-Permeable [Add A-F]
4,281 -6 4,275
H. Parcel Area [43,560 sq.ft./acre] 9,050.8 0 9,050.6
I. Percentage of Impermeable Area of Site [I=G/H]
47.3% -0.1% 47.2%
Setback Requirements
Area Required Existing Proposed
Front Yard[1]
30' 49.0' 45.6'
Front Yard[2]
Shoreline
50' 57.2' 57.2'(no change)
Side Yard[1]
North 20' 8.0' 7.6'
Side Yard[2]
South 20, 13.6' 13.6'(no change)
Rear Yard[1]
Rear Yard[2]
Travel Corridor
Height[maximum]
28' 26'+/- 12'+/-Addition
Permeability
75% 52.7% 52.8%
Number of parking spaces
Page 2
Area Variance [ZBA approved: September 2120161
Additional Project Information
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): A20130547
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: Sept 2018 End Date: Sept 2019
5. Estimated total cost of project: $50,000
6. Total area of land disturbance for project: 825 SF
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/CI 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 9,050.8 s . ft.
Existing Floor Area 2,007 s . ft. see above definition
Proposed Additional Floor Area 136 s . ft.
Proposed Total Floor Area 2,143 s . ft.
Total Allowable Floor Area 1,991 Area x 0.22 ) see above table
i
Page 3
Area Variance [ZBA approved: September 21 2016]
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-3-040A(5)(b)[3],[10],and[111
Need relief from the requirement(s)listed below which can not be met by the project as proposed.
[Check all that apply] 0 Setback ❑ Buffer Zone ❑Lot Width QOther Floor Area Ratio
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,as the addition is minimal and will be designed to be in harmony with the existing residence,there will be no
change in the character of the neighborhood or to nearby property as a result of granting this 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?
No,due to the highly constricted geometry of the site,the benefit sought by the applicant cannot be achieved by
any other method.
3. Whether the requested area variance is substantial?
No,as the existing residence is nonconforming and the proposed relief requested is of a similar nature to what
currently exists,the requested area variance is not 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,as the existing structure is similarly nonconforming to the proposed structure,and existing avers are
proposed to be removed in order to maintain existing permeability,the proposed variance will have no effect or
impact on the physical or environmental conditions in the neighborhood.
5. Whether the alleged difficulty was self-created?
No,as the geometry of the site is highly constrained and the existing residence is already nonconforming due to
those site restraints,the difficulty is not self-created.
4
i
f
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 S2
2 Deed ATTACHED
3 North arrow,Tax Map ID, date prepared and scale minimum: 1 inch 40 feet I S2
4 1 Boundaries of the propeq plotted to scale,zoning boundary S2
5 Principal structures,accessory structures with exterior dimensions S2
6 Site improvements incl. outdoor storage areas, driveways,parking areas, etc.: existing& S2
proposed
7 Setbacks for all structures and improvements: existing&proposed S2
8 Elevations and floor plans of all proposed and affected structures ARCH
B. Water& Sewer Shown on Sheet#
1 Project sewage disposal facilities,design details,construction details, flow rates, and number of
bedrooms proposed
N/A
2 Water supply[i.e.well] & septic on adjoining lots with separation distances to existing or
S2
proposed on-site water supply and septic
3 Separation distances for proposed sewage disposal system to well and water bodies N/A
4 Existing public or private water supply[well, lake,etc.]. Method of securing public or private
water, location,designand construction of water supply includin dailywater usage
S2
5 Percolation test location and results N A
C. Parkin /Permeable Areas Shown on Sheet#
1 Number of spaces required for project including calculations and justification: existing& N/A
proposed
2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing N/A
material [e.g., Eavel,paved]
3 Provision for pedestrian and handicap access and parking: existing&proposed N/A
4 Design details of ingress,egress,loading areas and cuttin : existin &proposed NIA
5 Location and character of green areas [existing and proposed],modification to green area,buffer
S2
zone to remain undisturbed
6 Lighting, location and design of all existing and proposed outdoor lighting N/A
D. Additional Site Development and Miscellaneous Shown on Sheet#
1 On-site&adjacent watercourses, streams,rivers,lake and wetlands S2
2 Utility/energy distributions stem as, electric,solar,telephone]: existing& ro osed S2
3 Location,design and construction details of all existing and proposed site improvements S2
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
N/A
5 Si a e: Location, size,t3Tc,design and setback: existing&proposed _ N/A
6 Waiver Request: provide letter with application requesting any waivers: please reference N/A
specific items
7 Commercial/Industrial Development requires submission of Landscaping, Stormwater N/A
j Management, Grading&Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record
of application for all necessarypermits N/A
Page 5
Area Variance [ZBA approved: September 21 2016]
Pre-Submission Conference Form/Section 179-9-040
1. Applicant Name: Larry Steinhart
2. Tax Map ID 226.12-1-64 Location: 362 Cleverdale Road
3. Zoning Classification WR 1_
4. Reason for Review: p
5. Zoning Section#: ,a-(c) 4-- `C at-PP
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
Checklist items addressed
Environmental Form completed
Signature Page completed
C U CorLc.r1
re
i
Staff Representative:
Applicant/Agent: Date:
Page 6
Area Variance [7.BA approved: September 21 2016]
This page includes the 1.)Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.)Authorization for,SfitVisits; 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: Larry Steinhart
Designates: Hutchins Engineering as Agent regarding the following:
Variance ✓ Site Plan ✓ Subdivision
For Tax Map No.:226.12-1-64 Deed Reference: Book 3871 Page 216 Date 9/18/09
OWNER SIGNATURE: DATE: 6/15/2018
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. A THORIZATION 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 PfERM_I_T 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 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 1/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 ag ect the abo.vw. , — L
Luri ✓ 11 4/ 6/15/2018
Sign p t Print N e[Applicant] Date signed
. 6/15/2018
Signature[Agent] Print NM at [Agent Q� Date signed
Page 7
WARREN COUNTY
PAMELA J. VOGEL
COUNTY CLER LOOCUMENTT 00007301
Lake George, NY 1 5 UME: 3871. PAGE: 216
bo xuos a000r�� Volm-3871 Pg-216
Instrument Number: 2009-00007301
As
Recorded On: September 21,2009 Deed
Parties. HODGKINS ROBERT V
To
STEINHART LARRY I Billable Pages: 3
Recorded By: WORLDWIDE ABSTRACT Num Of Pages: 4
Comment:
** Examined and Charged as Follows: "*
Deed 56.00 Cover Page 5.00 RP-5217 Resid/Agrlc 125.00
TP-564 5.00
Recording Charge: 191.00
Consideration
Amount Amount RS#ICS#
Transfer Tax 16,366.00 1,169,000.00 TT 346 Basic 0.00
QUEENSBURY Local 0.00 Special Additional 0.00
Additional 0.00 Transfer 16,366.00
Tax Charge: 16,366.00
RECORDED
County Clerks Olri,e
Sep 21.2009 02:27P
Pknela J. Uosel
Ifttrren County Clerk
*"THIS PAGE IS PART OF THE INSTRUMENT*"
I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY
File Information: Record and Return To:
Document Number: 2009-00007301 FIRST AMERICAN TITLE INSURANCE CO OF NY
Receipt Number: 133261 12 CENTURY HILL DR
Recorded Date/Time: September 21, 2009 02:27:22P LATHAM NY 12110
Book-Vol/Pg: Bk-RP Vl-3871 Pg-216
Cashier/Station: s slater I Cash Station 1
C� Dt7GUMENT� 00007301
VOLUME: 3871 PAGES 217
WARRANTY DEED WITH LIEN COVENANT
0z)a
` �(A DATE OF DEED: September 18, 2009
U01�
,`,qp' GRANTOR: ROBERT V.HODGKINS
POLLY S. HODGKINS
26 Wedgewood Drive
Winthrop, ME 04364
l/ GRANTEE: LARRY I. STEINHART
JOYCE A. CLOUTIER
15 Carriage Hill Drive
Latham,NY 12110
THIS WARRANTY DEED made between Grantor and Grantee on the deed date stated
above WITNESSES THAT GRANTOR in consideration of
-------------------------------------------One Dollar($1.00)-----------------------------------------
lawful money of the United States and other good and valuable consideration, paid by Grantee,
DOES HEREBY GRANT AND RELEASE UNTO GRANTEE and his assigns
forever all that property located at:
362 Cleverdale Road
Town of Queensbury
County of Warren
State of New York
TAX MAP#: 226.12-1-64
(THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULE "A" ATTACHED)
THIS GRANT IS MADE:
TOGETHER with the appurtenances and all the estate and rights of the Grantor in and
to said premises.
TO HAVE AND TO HOLD the premises granted by this Warranty Deed unto the
DOCUMENT 00007301
VOLUME: 3871 PAGE: 219
SCHEDULE "A"
All that tract or parcel of land with buildings and improvements situate in the Town of
Queensbury, County of Warren, State of New York, being a part of the north end of what is
known as Ripley's point and is Lot No. 12 as surveyed by Job Mattison in the year 1877,
described as follows:
Beginning at the southeast corner of said Lot No. 12 on the Lake Shore, being northeast
of No. 13 in the same survey; from thence west two chains and twenty-two links to an iron pipe
on the east side of an avenue laid out for the passway to said lot; thence northerly along the east
line of the same sixty fee to a stake marked 11 and 12; thence east two chains and eight links to a
corner on the Lake shore;thence southerly along the Lake shore as it winds and turns to the place
of beginning, containing thirty-one perches of land be the same more or less; together with the
right of way as granted in a deed from Reuben S. Ripley to Philip H. Wait, dated June 28, 1880,
and recorded in the office of the Clerk of the County of Warren in Book of Deeds No. 38, at page
361 to which deed reference is hereby made for a more particular description of said right of
way.
Being the same premises conveyed to Robert Hodgkins and Polly Hodgkins from Robert
Hodgkins, Polly Hodgkins, John L. Hodgkins and Dorothy B. Hodgkins dated April 29, 1992
and recorded in the Warren County Clerk's Office on May 6, 1992 in Book 852 of Deeds at
Page 16.
Also,being the same premises conveyed to Robert V. Hodgkins and Polly S. Hodgkins, a
'/2 tenant-in-common interest from Robert V. Hodgkins and Polly S. Hodgkins by deed dated
November 8, 1995 and recorded in the Warren County Clerk's Office on January 8, 1996 in
Book 967 of Deeds at Page 319
R&R:
7.Tl ___Terrace
1:bmjy, NY 3
FIRST AMERICAN TITLE INSURANCE
COMPANY OF NEW YORK
Worldwide Abstract Services,Inc.,Agent
12 Century Hill Drive
Latham, NY 12110
(518) 785-4444
-7�'i
DOCUMENT: 00007301
VOLUME: 3871 PAGE: 219
Grantee and his assigns forever.
AND THE GRANTOR COVENANTS as follows:
FIRST: That Grantee shall QUIETLY ENJOY said premises;
SECOND: That Grantor will forever WARRANT the title to said premises;
THIRD: That this conveyance is made subject to the trust fund provisions of section
thirteen of the lien law.
If there are more than one Grantor or Grantee, the words "Grantor" and "Grantee" used in
this deed includes them.
IN WITNESS OF THIS CONVEYANCE, Grantor has executed this WARRANTY
DEED on the deed date stated above.
IN PRESENCE OF
Robert V. Hodgkins
Polly SA Hodgkins .
STATE OF NEW YORK )
} ss..
COUNTY OF WASHINGTON }
On the/K day of September in the year 2009, before me, the undersigned, personally
appeared Robert V. Hodgkins and Polly S. Hodgkins, personally known to me or proved to me
on the basis of satisfactory evidence to be the individuals whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their capacity, and that
by their signatures on the instrument, the individuals, or the person upon behalf of which the
individuals acted,executed the instrument.
Notary PubllRc S eta of R. MEYER
York
Saratoga Co.#02ME6127670
Commission Expires May 31.1110
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