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Application
Dear Queensbury Zoning Board of Appeals From Thomas Shelly Jr. 4 Fox Hollow Lane Queensbury Ny 12804 The purpose of my letter is to request a Survey Waiver&Variance to construct a 2-car garage on my residence located at 4 Fox Hollow Lane in Queensbury NY 12804. The new Garage will be a 400' Sq. ft structure adjacent to the existing garage. it will be placed on an existing concrete slab at the top left side of my driveway. The structure will be purchased and assembled by Garden Time in Queensbury. It is a 4 post open structure on all sides. I also had a meeting with Dave Hatton and the structure placement meets all the building codes including the setback requirements. Respectfully Tom Shelly Area Variance [ZBA approved: September 21 2016] 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 1 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 plied. 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. DOCUMENTS TO BE SUBMITTED:(HARD COPY&ELECTRONIC) 1 original and 14 conies 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 rvey Waiver: Applicant may request a waiver from the survey pre and post requirements. r Su Cony of Deed Fee: $50 residential; $100 commercial ZONING STAFF&CONTACT INFORMATION: Craig Brown,Zoning Administrator craigb(iDqueensbury.net Laura Moore,Land Use Planner lmoore(a),queensbury.net Sue Hemingway,Office Specialist suehAgueensbury.net (518)761-8238 Visit our website at www.queensbury.net for further information and forms. Page 00 Area Variance [ZBA approved: September 21 2016] General Information Tax Parcel ID Number: ; Zoning District: s ! wes r�,A^) S'ul4tots t a ^) Detailed Description of Project[include current&proposed use]: Current Use: Proposed Use: Location of Project: Applicant Name: Mailing Address Home Phone City, State,Zip V. r` 3 �7 3-2 osd y Work Phone Cell Phone E-Mail: FAX No. ' C°I I /<c5 1 o ,:1-7 Agent's Name: Mailing Address Home Phone City, State,Zip Work Phone Cell Phone E-mail FAX No. Owner's Name Mailing Address 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 B. Detached Garage C. Accessory Structure(s) D. Paved,gravel or other hard surfaced area � Q � E. Porches/Decks F. Other G. Total Non-Permeable [Add A-F] Lr7S a—C% H. Parcel Area [43,560 sq.ft./acre] � � 3 � I. Percentage of Impermeable Area of Site [I=G/H] q Setback Requirements Area Required Existing Proposed Front Yard[1] 5 e `J Front Yard[2] e) 1A � lr� w1,4 Shoreline 14 vt.l Side Yard [1] r Side Yard [2] Rear Yard [1] Rear Yard[2] Travel Corridor Height[maximum] .i Y(5 ' �` it � ew i i Permeability Number of parking spaces Page 2 Area Variance [ZBA approved: September 21 2016] Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? 2. If the parcel has previous approvals,list application number(s): 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit Program? —Yes/ YNo 4. Estimated project duration: Start Date: A End Date:-'4�M M tK. - ©9 0}3 5. Estimated total cost of project: 7_ eq2 , 0:0 a,(�t,c�� 6. Total area of land disturbance for project: /`" __ 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. o ' t Symbol Floor Area Ratio [FAR] Waterfront Residential 22 Commercial Moderate/ is 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. Parce A--ea- s . ft. Existing Floor Area ee above definition] Proposed Additional Floor Area . ft. Proposed Total Floor Ar s . ft. Total Al le Floor Area (Area x [see above tab -Page 3 Area Variance [ZBA approved: September 21 2016] Compliance with Zoning Ordinance Requesting relief from SECTION: 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 RlOthe%A�x� eL The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. l. 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? 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? 3. Whether the requested area variance is substantial? 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? -ZZ2 5. Whether the alleged difficulty was self-created? 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 S own on She..# 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 5,K ee7-A 4 Boundaries of the property plotted to scale,zoning boundary eT p 5 Principal structures,accessory structures with exterior dimensions 5 Kee 7+4 6 Site improvements incl. outdoor storage areas, driveways,parking areas,etc.: existing!& proposed S eTA 7 Setbacks for all structures and improvements: existin &proposed eT- A 8 Elevations and floor plans of all proposed and affected structures S iQ j9oe4c pAC� B. Water& Sewer Shown on Sheet# 1 Project sewage disposal facilities, design details, construction details,flow rates,and number of bedrooms proposed rg6 J)T YAO 2 Water supply [i.e. well] &septic on adjoining lots with separation distances to existing or 4 to proposed on site water supply and septic (,c'A Ten_ 3 Separation distances for proposed sewage disposal system to well and water bodies /U 4 Existing public or private water supply[well,lake,etc.]. Method of securing public or private p water, location,designand construction of water supply includingdailywater usage 5 Percolation test location and results C. Parkin /Permeable Areas Shown on Sheet# 1 Number of spaces required for project including calculations and justification: existing!& , C proposed /U 2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing material [e.g.,gravel,paved] 3 Provision for pedestrian and handicap access and parking: existin &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 Shown o i Sheet# 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: existing&proposed 5 Si na e: Location, size,type, design and setback: existin &proposed 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items 5Pe G10k L T72- 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 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: 2. Tax Map ID,2q-�A q-�-3 9L Location: 3. Zoning Clas ification bl_�' U 4. Reason for Review: (2M t fl ,, s ' -Q_ 5. Zoning Section 6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by Deed _AL General Information complete Site Development Data Complete r/ Setback Requirements Complete Additional Project Information Complete FAR addressed .OVA Compliance with Zoning Ordinance � Checklist items addressed Environmental Form completed V' Signature Page completed CcC --:,ry dv N 0 c r a -� r. C (lecA Fev; eLoed C, )cec on � d�CLAJCAQ s kDFGC_ r Nc.� t kAC c U-e cL04Q S — C ouQ�— r Staff Representative: �u`) Applicant/Agent: Date: 6 1 1 Page 6 Area Variance [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: 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$ 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. 6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: 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 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 read and agree to a above. ` Signature[Applicant] Print Name[Applicant] Date signed Signature[Agent] Print Name[Agent] Date signed Page 7 N.Y. DEED-WARRANTY with Lien Covenant THIS INDENTURE, Made the �6_41" day of �� , Nineteen Hundred and Eighty-Three r i1! 1'<1 BETWEEN LUCILLE E. WEAVER, residing at London Square, Building 6 Hampton, Clifton Park, New York, _ party of the first part, and THOMAS E. SHELLY, JR. and SALLY SHELLY, his wife, residing at 3 River Bend Drive, Plattsburgh, New York, as tenants by the entirety, parties of the second part, WITNESSETH that the party of the first part, in consideration of . . . . . . . . . One Dollar ($1.00) . . . . . . . . . . . . lawful money of the United States, paid by the parties of the second part, does hereby grant and release unto the parties of the second part, their heirs and assigns forever, 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, and more particularly described as follows: BEING Lot #577 as shown on a Map of Section 14 of Westland made by Coulter and McCormack, dated the 24th day of June, 1980 and filed in the Warren County Clerk's office on the 20th day of August, 1980. SUBJECT to Declaration of Restrictions made by Floyd K. Ellsworth and Mabel C. Ellsworth dated November 29, 1955 and recorded in the Warren County Clerk's office on December 1, 1955 in Book 349 of Deeds at page 52. ALSO SUBJECT to Amended Declaration of Restrictions made by Mabel C. Ellsworth dated May 16, 1972 and recorded in the Warren County Clerk's office on May 19, 1972 in Book 551 of Deeds at page 186. SUBJECT to Easements of Record and Conveyances to the Town of Queensbury for highway purposes. Parties of the second part, by the recording hereof, acknowledge receipt of a copy of said Map and said Restrictions. BEING a portion of the premises conveyed by Lucille E. Weaver and Jeffrey L. Kelley as Executors of the Last Will and Testament of Mabel C. Ellsworth to Lucille E. Weaver by r deed date the 30th day of July, 1982 and recorded in the rn Warren County Clerk's office on the 6th day of August, 1982 in Book 647 of Deeds at page 1045. 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 parties of the second part, their heirs and assigns forever. AND said party of the first part covenants as follows: FIRST, That the parties of the second part shall quietly enjoy the said premises; SECOND, That said party of the first part will forever WARRANT the title to said premises. THIRD, That in compliance with Section 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 first for the purpose of paying 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 hereunto set her hand and seal the day and year first above written. LUCILLE E. WEAVER m ,N) BY: J R L. KELLE �Aher .„ for ey-in-Fact STATE OF NEW YORK ) COUNTY OF WARREN ) ss.: On this�c?day of Nineteen Hundred and Eighty-Three before me personally came, JEFFREY L. KELLEY, to me known to be the individual described in, and who executed the foregoing instrument, and to me known to be the attorney-in-fact of LUCILLE E. WEAVER, the individual described in, and who by her attorney-in-fact, executed the same, and acknowledged that he executed said instrument as the act and deed of said LUCILLE E. WEAVER, by virtue of a power of attorney dated the llth day of August, 1982 and recorded in the office of the Clerk of the County of Warren on the 13th day of August, 1982 in Book 648 of Deeds at Page 92. ,,,'-Notary Public Comm. Exp. 3/30/8,:5— << MAR 3 0' CO-}U 1111i'i' ^ ,JAR 30 q 03M 'R' wARRt:N r,011kl ,FtcBo: TOWW OF QUEENS BURY .;„ 742 Bray Road, JarMastazrry, NY. 12 04-5902 June 1 ,201 Thomas Shelly 4 Fox Hollow Lane Queensbury,NY 12804 Second Garage 4 Fox Hollow Lane T asap No 293:19 3-32 Dear Mr.Shelly. I am writing to you with regards to your proposal for the construction of a 400 sf detached garage/carport on your property referenced above. As discussed, during our recent meeting, I find that an Area Variance will be nceded. as the proposed structure constitutes a second garage on your property where the Town Zoning Ordinance only allows for one such stmeture. I understand that you are preparing the necessary application materials for submittal and that you are aware of our established submittal deadline. This letter serves as the denial letter for the processing of your variance application, Should you have any questions regarding the above comments,please do not hesitate to contact this office. Sincerely, Town ol unsbury Craig Brown Zoning Administrator CPsh "Hoine of Natural Beauty— A Good Ia'ce to Lime, Tom Shelly From: Sue Hemingway <SueH@queensbury.net> Sent: Thursday,June 14, 2018 11:08 AM To: TShelly@roadrunner.com Cc: Laura Moore Subject: Required denial letter for Area Variance 4 Fox Hollow Lane Attachments: Denial Shelly 6_14_18.pdf Thursday, June 14, 2018 RE: Required Denial Letter for Area Variance 4 Fox Hollow Lane Mr. Shelly: Please find attached a letter from Craig Brown, Zoning Administrator which serves as the required denial letter for the processing of your future Area Variance for the proposed detached garage (second garage) at 4 Fox Hollow Lane. Thank you. Sue Hemingway—Office Specialist Zoning Office Dept.of Community Development 742 Bay Road Queensbury, NY 12804 (518) 761-8238 www.gueensbury.net 1