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ApplicationNew Business Area Variance No. Review in the month of May 2011 Joseph Thouin 1 Vista Court 6 ft. privacy fence- enclose back yard ~. ' L~ l.L_ E r~~ t i TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 April 7, 2011 Joe Thovin 1 Vista court Queensbury, NY 12804 RE: Proposed Fencing 1 Vista Court Tax Map Parcel No: 302.5-I-23 Dear Mr. Thouin: I am writing to you in response to my review of your plans depicting a privacy fence on your property at 1 Ysta Court and to document your conversations with Keith Obome of my office. ' Upon review of the plans submitted to this office, I find an Area Variance will be necessary in order for you to construct the fencing in the. location you desire. fir.-M~ Specifically,: the proposed placement of your fencing will not meet the minimum front °°Y-~' yard setback requirement as your 6 ff. privacy fence is planned to be closer to the street than your house. 1 understand that you are preparing the necessary application. Please note our established submittal deadlines when compiling your application materials. Should you have any questions regarding the above comments, please do not hesitate to contact this office. Sincerely, Town f Queensbury Craig Brown Zoning Adminisfrator CB/sh L:\Galg &awn\2011 Letters\Oenial 7ttouin 4 7_1 l.doc "HOME OF NATURPAL BEAUTY :.. A GOOD PLACE TO LIVE° SETTLED 1763 ~{.~r~j: ,~ , .;:; . Area Variance Revised June 2009 General Information ~ ~_~ ~~~~ Tax Parcel ID Number: .,~Q~, s -- / - ~ 3 Zoning District: _~ j) (~ -~ Detailed Description of Project [includes currerrt & proposed use];/ (_' ~%LILc. A(; - .~~, nI b ,_ ~.9-n-I : c.. Y a ~t.~= , , -.~l (Q ! s G~ 1 fZ~ra - D • ~9 L .J'S'.~ +~/L-rar'~C~.3~~ • SF~ Irs- 1''nczF-rs Q.~ ~J ",,c' Lf~r7N (p ~ ~?2. yrtc ~ ~'NG~ ra ~ ~ vSE [3~tLcc Y,q2~ Location of project: Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, iYY 12804.518-761-8238 i Pre-Submission Conference Form 1. Tax Map ID 2. Zoning Classification 3. Reason for Review: 4. Zoning Section #: Area Variance Revised June 2009 179-4-040 ~3©`~..S-i- z3 ~ a~ /7~-s-o~ 5. Pre-Submission Meeting Notes; Outstanding Items-To Be Addn~sed Include: Deed General Information complete Site Development Data C l Y/ Yes __,~ Yes No No omp ete Setback. Requirements Gompiete / Yes Yes No Additional Project Information Complete ~ Yes No FAR addressed Yes ~ No Compliance with Zoning Ordinance Yes No Chedciist items addressed Yes No Environmental Form completed ?J~ Yes No Signature Page completed Yes No :) ,~ /%/y /~ ~.~N ft_1 GrtT~fOAa /fir ~rs",¢rrlcES G~~ Staff Representative: Applicant /Agent: Date: 7~ ~~/~ Town of Queensbury • Zoning Ofrce • 742 Bay Road - Queensbury, NY 12804.518-761-8238 6 - ~~ut~ 4'J~id~/ ~- 3 ~4G-~~/ ___ ~'` 0 6 v N n n 4 b K JOSEPH A. THOUIN 1 Vista Court Queensbury, NY 12804 April 14, 2011 Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Variance Application Project Narrative My wife and I live at 1 Vista Court, TM# 302.5-1-23. This property is a uniquely shaped corner lot located at the intersection of Vista Court and June Drive. Of the 411 linear feet of boundary line described in our deed, 279 of these are adjacent to local road front. This length represents 67 percent of our property bounds. This fraction is significantly different than a typical, square-shaped residential lot, which would have a road front fraction closer to 25 percent. My wife. and I desire to construct a solid 6-foot wood or vinyl fence to enclose our backyard. I have been advised by the Town's zoning specialists that due to the unusual bounds of our property and the position of the home we live in, what most would consider to be a back yard is, by Town standards, a front or side yard. Therefore, the construction of a 6' privacy fence to enclose our back yard, which would otherwise not require a building permit, in this instance requires a variance. As I have mentioned, the proposed project is the construction of a solid 6-foot wood or vinyl fence typical of a residential neighborhood. The proposed fence parallels closely portions of the northern and eastern property bounds. Approximately 64 feet of the fence is proposed to be located parallel to June Drive. This length represents 23 percent of our total road frontage. For your reference, within the application I have attached a scaled air photo and site photographs, as well as a visual of the fence materials and general styles we are considering. As we are yet undecided on the fence material at the time of this application, I respectfully request that if granted, the variance allow for the applicants' discretion in choosing an appropriate fence material typical of a residential neighborhood. Thank you for your time and consideration. Sincerely, Joe Thouin Area Variance Revised June 2009 General Information Tax Parcel ID Number: ~Q~ ~ ~ "` ~ ~ ~ -7 Zoning District: ~ ~ - Det/ailed Description of Project [includes current & proposed use]: (... , c.~fc./t.c ht i .9J' ~ n1 ~i L ~ r r9'r'„t ~ t Y ~ vc,/~= L..~ n/ 4 ~.~ ~~ r r~ia :` D~',J•ET) ~ c'.- ~S~ dam` 11-~"7L' ~ G~ ' SY~ !~ ~~.t' S i Z~rc"Y i-r~ 4 L i/ ~~ L{~f ~ lO ~ r~12, L'!4t Y G,= Location of project: Applicant. Name: Address: ~ ~®j , ~ ~ ~ ~,~.--- Home Phone Cell: Work Phone ~~ ~ s ~~~~ Fax E-Mail' ~ j i N` r~~--^t ~.ffi~ i ~-trfi % . e ~~=°~ Agent's Name: ~ ~ Address: Nome Phone Cell: Work-Phone Fax ---- E-mail _- Owner's Name _ ~~ ~~~~~ ~ Address Home Phone Celt Work Phone Fax <E-mail Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Site Development Data Area /Type Existing sq. ft. Proposed' Total sq. ft. Additions . ft. A. Building footprint u'~' ~ ~TA~/1'r"'~j ~,,~,~ ~,~ ' ,~~ ~, j ~Z~ B. .Detached Garage .~ ~ ~- C. Accessory Structure(s) ~ ~~ - D. Paved, gravel orother hard surtaced area Y .S17~: '1 E. Porches /Decks --- F. Other C/ G. Total Non-Permeable [Add A-F] H. Parcel Area [43,560 sq. ft. /acre] , ~ ~ ~~~ I. Percentage of Impermeable Area of Site [I=G/H] ~ ~/D ~ ~ i ~` ~/t Setback Requirements Area Required Existing Proposed Front [1] Front [2] Shoreline __ _ Side Yard [1] - _ _ _ - Side Yard [2] Rear Yard [1] Rear Yard [2] Travel Corridor Height [max] Permeability No. of parking spaces Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? /t.~~ 2. If the parcel has previous approvals, list application number(s): ~~' ~ 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? ~~ 4. Estimated project duration: Stark Date ~ r End. Date s ~' 5. Estimated total cost of project: ~ / sy~ 6. Total area of land disturbance for project: ~~~, ~ ~ ~`~ /fi~wS 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 ~ CM 0.3 Commercial Intensive ~ CI 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 include: Open deck, docks and that portion of covered docks extending aver 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 s . ft. Existing Floor Area sq. ft. see above definition Proposed Additional floor Area sq. fk. Proposed Total Floor Area s . ft. Total Allowable Floor Area Area x see above table Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 3 Area Variance Revised June 2009 Compliance with Zoning Ordinance Requesting relief from SECTION: ~ ~ ~ ' .~ - ~ c:-' ~~, ~ ,; Need relief from the requirement(s) listed below which can not be met by the project as proposed. (Check all that apply] ~etbaek ^ Buffer Zme ^ Lot Width ^Other > y ` r~~'z, /~ ~ ~ r=~->.F ~~- fl-:r o , ~ ~~ ~ ~ 5 ~ r~~-~--r- The following questions reflect the criteria for granting this type of variance. 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 will be created by the granting of this area variance? ^/'`~ G, ~ ~'v c.c'Z r9`lLc= ~ a o~-(rte-!, e id ; N Y r ~ rt•~r-; ff- L A ~9 ~ 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? ~1,~Cy !'/l f~/ r ~t rh , ~ ] ~@ ~[~ ~~ // ~' I L:, ~ /~ ~ /a~ ~~. /+/~~n aiv /~~7 ~ i2.. r1' (tJ rl f. '~ ~/~/4~w71rD ~'/~ I'^1/'~I+-~ ~iPTI~i~ 3. Whether the requested area variance is substantial? _IV ~ °- ~~ ~ u ~ ~ it tit a a v~= ~ lfi~~ ~ ~= TIC= r ~ r9-~t l~ "T'1+~= ~ ~_ ~ t„ i N ~ ~ 12-., r~ ~i~~ .~.r Ursa,. - ~ ~3 ~- 4 ~ ~ -~- D ~ a r1 ~ n -r ~ ~ ~ 3 ~ ~i~ 'T77~ t?.E D ~~~3 r r` S 5 t/ S 7'7~-mot Ti ~C_ 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? d r i~ ' ~~'~. N..~ t.~J' L C~ l> G ~ L i~j~y.,5 C ~7 1- t) 2 C~~ ~ ~.LT.~ ~i~~~.! ~ ~.. ~~~~~ 5. Whether the alleged difficulty was self-created? Town o~ ~2~.~°°rs~unr • Zo~in ~f~ice ~ 74~ Bay Road d ~.~ueensbury, NY 12804 ~ 518-?G i-8238 4 Area Variance Revised June 2009 Submittal of a stamped and si4ned SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. 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 In. = 40 ft.] 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: existing & pYOposed 8 Elevations and floor plans of all proposed and affected structures WATER & SEWER B. SHOWN ON SHEET # 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed site water supply and d 2 on- Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or propose 3 se tic Separation distances for proposed sewage disposal system to well and water bodies design and location water i t 4 , , va e Existing public or private water supply (well, lake, etc.]. Method of securing public or pr construction of water su I includin dail water usa e 5 C. Percolation test location and results PARKING 1 PERMEABLE AREAS SH01NN ON SHEET # 1 Number of spaces required for project including calculations and justification: existing & proposed 2 3 No. of existin arkin s aces, number to be removed, number to maintain and a of surfacin material e.., ravel, aved Provision for pedestrian and handicap access and parking: existing & proposed 4 Design details of ingress, egress, loading areas and cutting: existing & proposed remain undisturbed t 5 o Location and character of green areas [existing and proposedJ, modification to green area, buffer zone 6 Lighting, location and design of all existing and proposed outdoor lighting D. ADDITIONAL'SITE"DEVELOPMENT AND MISCELLANEOUS SHOWN ON SHEET.# 1 On-site & adjacent watercourses, streams, rivers, lake and wetlands 2 Utility /energy distribution system [gas, electric, solar, telephone]: existing & proposed retaining culverts drains di 3 , , ng: Location, design and construction details of all existing and proposed site improvements inclu walls, fences, fire & emergency zones and hydrants, etc. commercial activities: existing & th 4 er Square footage of bldg. area proposed for office, manufacturing, retail sales or o pro osed e Signage: Location, size, type, design and setback: existing & proposed ific items f Waiver Request: provide letter with application requesting any waivers: please reference spec Plans htin & Li din G g g g g ra Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, h Identification of Federal, State or County permits required for the project together with a record of application for all necessary ermits Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804. 518-761-8238 $ Area Variance Revised June 2009 Pre-Submission Conference Form (179-4-0401 1. Tax Map ID _ ~~~ ~.,~-~ I °-' ~ .~ 2. Zoning Classification //) (~~ 3. Reason for Review: ~ ~.. /'tJIe ~GrU L~ ~i~'C~PC~S~ / N //~/ ~%,•g~ 4. Zoning Section #: / 7 ~- s - ®?~ 5. Pre-Submission Meeting Notes; Outstanding Item To Be Addressed Include: Deed General Information complete Yes ~~,,L Yes No No Site Development Data Complete Setback Requirements Complete r/ Yes Yes No No Additional Project Information Complete Yes No FAR addressed Yes ~ No Compliance with Zoning Ordinance -Yes No Checklist items addressed Yes No Environmental Form completed ~ Yes ~ No Signature Page completed Yes No - ,9N5~c~~d% ~rJ~ idiy ~ 3 ,~,9C,-~y~ - ~I~~i~s ~` ~~r~/~~ ~ ~-- A!',:~j ~ J~ f.,(~~r~S~i,NI,~!'~ %~iG'l-'fir ~. " .~ f i ~' ,~' G~:~4/~ dt~~ I.L~G~9T ~c~It~' ~ E`~ ~~ e4h~ c`S Gtr ft/UC~ _ Staff Representative: Applicant /Agent: Date: i/ Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 tales t7 t/g51-Text t~~ S EQ R PROJECT I.D. NUMBER ~ 817.20 Appendix C State Environmental Quality Revlsw SHORT ENVfRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Pro)ect sponsor) 1. APPLICANTlSPONSOR 2. PROJECT NAME ! ----- ~..:..r .r ~; ~ c.,c._ ; W ' 3. PROJECT LOCATION: ! t / '1~~~~...7~' MuniclPality ~ZIJC'~~513 ~j°`~~ Coun !/Ss° 4. PRECISE LOCATION (Street address and road Intarsectitms, prominent landmarks, etc., or provide map) i W ,`~T,9 Gov,-L-T ~- f/' e;~ r2N ~'1'Z f'3j J i.~ ht [~ ~ v e` .'S T'!'~ 5. IS PROP E_D ACTION: New ^ Expansion ^ Modifieationlattaralion 6. DESCRIBE PROJECT BRIEFLY: _ 7. AMOUNT OF LAND AFFECTED: ,~ ~ ! 3 ,rte" InlLally ~ ' ~ ) acres Ulttmateiy d 7 acres 8. WILL PROPOSED A ION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ^ yes No if No, describe briefly 9. WHA IS PRESENT LAND USE iN VICINITY OF PROJECT? ~esidentlal ^ Intlustrial ~ Commercial ^ Agriculture 0 ParklForesUOpen space ^ Other DesuiUe: c ltJ~ i rcN (3L,"-htit-l."~:,p. ~~ ~'~'tLr,'~/' h l/tl4F 1D. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ^Yea No If yes, list agency(sl and permitlapprovals 71 . DOES ANY ASP OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ^Yas No it yes, list agency name and permiVapproval t2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITlAPPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE d ..~------- !af f/ Date: ApplicantJSponsor name: Signature: i action Is In the Coastal Area, and you are a state agency, campiete the Coastal Assessment Form before proceeding with thts assessment OVER 1 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 '7 Area Variance Revised June 2009 PART 11-ENVIRONMENTAL ASSESSMENT (To be completed by Aaencvt A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 8 NVCRR PAgT 617.4? !f yes, coorolnate the review process and use the FULL EAF. ^ Yes ^ No 8. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 tf No, a negetive~declsration may be superseded by another involved agency. ^ Yes ^ No C. COULD ACTION gESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may ba handwritten, it legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing treffie patterns, solid waste protluctlon or disposal, potential for erosion, drainage or flooding problems? Explain briefly; C2. Aesthetic agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood charecter? Explain briefly: C3. Vegefation or fauna, fish, sheliflah or wildlife species, significant habitats, or threatened or endangered spec1e51 Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of lantl or other natural resources? Explain briefly ~ C5. Growth, subsequent development, or related activities likely to be tnducad by the proposed action? Explain bnefly. C6. Long term, short term, cumulative, or other alfacts not ttlentified In C1-C51 Explain briefly. C7. Other tmpaets pnclutling changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ^ Yes ^ No E IS THERE, pA IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ^Yes ^NO If Yes, explain briefly rwrlt ui--ueriRNttnATtvN .OF SIGNIFICANCE (To be completed by Ageney) INSTRUCTIONti: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should tie assessed in connection with Its (a) setting (t.e. urban or rural); (b) probabtiltY of.accurring; (c) duration; (d) Irreversibility; (e) geographic scope; and (t) magnitude. if necessary, add attachments or referonce supporting matertais. Ensure that explanations contain sufficient detail to show that alt relevant adverse impacts have been identified end adequately addressed. If question D of Part tf was Checked yes, the determination antl significance must evaluate the potential Impact at the proposed action on the environmental characteristics of the CEA. ^ Check this box If you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF andtor prepare a positive declaration. ^ Check this box if you have determined, based on the information and analysts above and-any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name or Lea Agency Print or Type Name o Responsi le fficer in Lea Agency it e o Responsr e O icer ignature o Responsr a rcer m lea Agency rgnaturc o reparer ( r ercnt rom response e o icer Date 2 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 128D4 • 518-761-8238 Area Variance Revised June 2009 Signature Page 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: Variance Site Plan For Tax Map No.: Section Block Deed Reference: Book Page OWNER SIGNATURE: APPLICANT'S AGENT FORM: Subdivision Lot Date DATE: __ 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: Variance For Tax Map No.: Section Deed Reference: Book OWNER SIGNATURE: Site Plan Subdivision Block Lot Page Date 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 rs the applicant's responsibility to obtain any additional permits. ~) 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: I, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, t 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 statemenUdescription 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. ~,~_ ~~ 5 cif 1'[ ' ~ ~au....n.( '~` ~` f ure [Applicant] Print Name [Applicant] e gned Signature [Agent] Print Name [Agent] Date signed Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 9 TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-820 I April 7, 201 1 Joe Thouin 1 Vista Court Queensbury, NY 12804 RE: Proposed Fencing `~isfc Covrt Tax M ap Parcel No: 302.5-1-23 Dear Mr. Thouin: I am writing to you in response to my review of your plans depicting a privacy fence on your property at 1 Vista Court and to document your conversations with Keith Oborne of my office. Upon review of the plans submitted to this office, I find an Area Variance will be necessary in order for you to construct the fencing in the location you desire. Specifically, the proposed placement of your fencing will not meet the minimum front yard setback requirement as your 6 ft. privacy fence is planned to be closer to the street than your house. I understand that you are preparing the necessary application. Please note our established submittal deadlines when compiling your application materials. Should you have any questions regarding the above comments, please do not hesitate to contact this office. Sincerely, Town f Queensbury ~,~ Craig Brown Zoning Administrator CBlsh L:\Craig Brown\2011 Letters\Denial Thouin 4_7_1 l.doc "HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE" SETTLED 1763 J. THOUIN 1 Vista Court Queensbury, NY 12804 April 6, 2011 Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Waiver Request Project: Construction of a 6' privacy fence in a moderate density residential area Location: TM# 302.5-1-23, 1 Vista Court To Whom It May Concern, I am requesting a waiver from the documents required for a complete area variance application. Specifically, I respectfully request that the survey requirement be waived. In lieu of a survey I have submitted an overlay of local digital air photo and tax map data, which I believe accurately presents the above-referenced project site. Thank you for your time and consideration. Sincerely, r' L ...~ .i --~_ Joe Thouin ~~h• ,4~1!~~L.~~$sp F~-=6--`T,~:• a @~ €&~6~~N ~~~..'-:.a e-- t/ 6 g ~ emu .i7n P ~ ~ ~~ is qty f - LF ..,,~ l '1: _d~ ~ ~.. ~ RECORD AND RETURN BY MAIL TO: t ~Fi~ Timothy P. Kelleher, Esq. ~~~ Kelleher & Associates 17 British American Blvd. Latham, New York 12110 ,' "~ WARRANTY DEED ~~~~~ TH(5 INDENTURE, made the t3t~-+ day of May, Two Thousand Ten ~f ~b~j BETWEEN RAYMOND A. SMITH, residing at 1 Vista Court, Queensbury, New fork 12804, party of the first part, and -- _ t,.u~b~ ~ ~ ~- /~S -____~ ~- --- JOSEPH A. THOUIN AND AMANDA A. THOUINnresiding at 31A Highland Springs UVay, Queensbury, New`York 12804; 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, 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, his heirs, distributees, successors and assigns forever, THAT CERTAIN PIECE, PARCEL OR LOT OF LAND situate, lying and being in the Town of Queensbury, .County of Warren and State of New York, known and designated as Lot No. 28 on a map of Section No. 1 of Hillcrest Subdivision made by Leslie W. Coulter, licensed engineer, under date of August 15, 1952, for Fort Amherst Realty Co., Inc., and filed in Warren County Clerk's Office on October 18, 1952, which said lot is more particularly bounded and described as follows: BEGINNING at an iron pipe stake set in the westerly line of June Drive to mark the southeast corner of Lot No. 27 an said map and running thence south 6 degrees 17 minutes west along the westerly fine of June Drive for a;distance df 110-feet to a point of curve.; thence proceeding in a westerly direction on a starve to the right having a.radus of 25 feet f©r a distance of 59.32 feet to a point in the easterly line of Vista Court; thence running northwesterly along the east line of Vista Court which is a curve to the right having a radius of 1002, 67 feet , for a distance of 110 feet to an iron pipe stake at the southwest corner of Lot No. 29; thence north 54 degrees 10 minutes east along the southerly boundary of Lot No. 29 for a distance of 66.03 feet to an iron pipe stake at the southwest corner of Lot No. 27; thence south 83 degrees 43 minutes east along the southerly boundary of Lot No. 27 for a distance of 66 feet to the place of beginning, containing 10,700 square feet, more or less. There shall be expected and reserved from the above described premises, however, any easement for the installation and maintenance of utilities within an area limited to a strip of fifteen {15) in width extending for the full width of said premises along the most northerly boundaries thereof. BEING the same premises conveyed to Raymond A. Smith and Joann B. Smith, his wife, by Leo J. Lambert and Theresa R. Lambert, his wife, by Warranty Deed dated November 13, 1969 and recorded in the Warren County Clerk's Office on November 21, 1969 in Liber 515 at Page. 578. .~ f ~.~ AND the party of he first part, in compliance with Section 13 of the Lien Law, covenants that the party of the f first -part :will receive the consideration for this conveyance and wil{ hold the rightto 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. AND_the party of the first part covenants as follows: that said party of thefirst parf is seized of the said premises in fee simple,;and has good right to convey the same; that the party of :the second part shall quietly enjoythe said premises:; that the said premises are free from incumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurance of the title to said premises; and 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. tN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and yearfirst-above written. RA OND A: SMITH .STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of May in the year 201 O, before me, -the undersigned, a Notary .Public in and for fhe State, personally appeared RAYMOND /A. SMITH; personally ~. = :known to xne.or-provedto..rne onthe'basis of satisfactory~evtdence to.be-the individual wha~e name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC SBL: 302.5-7-23 Town of Queensbury, Warren County N~~ ssy Put;ilc, ~s.at~ ~~ ~-~~ '-'M~~'?~ ~~tt~ i ! t; ~d ! r~ Mc?:u~a~~ t av~ ° ~t °. Map Produced by Warren County Spatial Data Viewer-www.co.wan'en.rry.us/gis data sources: pares - Warten Gounty Real Property Tax, 20(~ Tentative Rod aerial phdography - NYS CSCIC, flown in April, 2008 (1 loot cobrl MPORTANT NOTICE AND DISCLAIMER THIS MAP AND INFORMATION IS PROVIDED'AS IS' AND WARREN COUNTY MAKES NO WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TfTLE, NONaNFRINGEMENT, MERCHANTABILITY AND THAT OF FfTNESS FOR A PARTICULAR PURPOSE CONCERNING THIS MAP AND THE INFORMATION CONTAINED HEREIN. USER ASSUMES ALL RISKS AND RESPONSIBILITY FOR DETERMINING WHETHER THIS MAP IS SUFFICIENT FOR PURPOSES INTENDED. GIS MAPS ARE NOT LAND SURVEYS! This GIS map is mmpu[er generated using software whidr contains information acquired by Warren County Planning Department from various sources and is intended only for reference, conceptual planning and presentation purposes. While we work hard to inckide reliable data for the staled purposes, this map is not intended for and should not be used to establish boundaries, lines, locations of objeds or to provide any other information typically needed for construdion, excavation or any other purpose when engineered drawings/plans or surveys are 1) required by law; 2) required for any legal document or 3) needed to assure accuracy and/or that certain standards are met. 0 12.5 25 50 75 v ~y~yy1 ,y' ~p !ti 444/ss ~~ .~ °~ .~ , ~;~ ~~ ~' N a a ~+ a °8 ~~, c~, ~~~ a~ v; ~~ ti ~~ ~~ -b 3- ti ': J C ~ ~ C ~.~ ~ t ~.~ ~~ C.;~ ~T~' ~ eI a «.. ~ ~ ~ ~ 7 ~~; ~' ~` '~ ~ ~ ~. ~~ ~ ~ ~ ,~ ~ fJ `7 N '~v ~ "~ J ~~ U ~ ~ ~ , _ ~ ~ ~- ~ t ~ ~ ~' ~-0~ '~ } , ~' ,` ' k'£ I:~_ w r , ~; t ,t r a "~ J7 C!3] 1~ lk ~' - ~ ~~~ ` ~,~*1&_ k 4 ;,1'.]11!_311 'k,~i- <4 . ~ ~. - ~~~~ n, ~_ a } l~l~ i ~ _ ,r ~~ ~ . ~e; " , i ~'~ ~' `1 '- ,4- _- ~ ~i~ „~ "~ i I '~~t :~ ~ -~~b~`~~ ~~ ? ~i ,> ~ f,~ }.. ;, ~, ' +: ,~ ~ .; ~ : r?, --~_ sue-- ~ `t ~I ,~~ ~ -n ~ ~~ 1 1., ~ i l F_ ' ~ ~ , , ~ - t l ~ r ,; ~ ' ~ P ~~ ','1 a '! ,° ., ~ h, ~ 1 ~ ~~. ~ ' ~ tx.y l ., :. ., i .. i r r. ,~ ., a 4 ,,.,y ~ i it ``~ v ~ ~. i S A' - ~ ~'" - r, ~ A f ~ i n ~ ~ ~ , ~s f r S> ~~ ""d ~~ ~ { ~1~7 s , _.,vt}x 91 V U W W W ~ ~ U. `r, N ~ N u ~ '~ ~ ~ K~4 -~y ~ i~ j w+ ~ ~ ~ ~" ~ H Y,,.