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ApplicationNew Business Area Variance No. - 2011 Review in the month of June 201 1 Mar aret Nelson 63 Tuthill Road lu~l~dn ~~ April 12, 2011 TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 Margaret A. Nelson Barry P. Lukoff 63 Tuthill Road Queensbury, NY 12804 - RE: 24 R. x 42 ft. Freestanding Garage 63 Tuthill Road Tax Map Parcel No: 307- i- i2 Dear Ms. Nelson and Mr. Lukoff: I am writing to you in response to my review of your plans depicting the proposed construction of a freestanding garage on the property referenced above and to document my conversations with Rick Galameau. Upon review of the plans submitted to this office, I find an Area Variance will be necessary in order for you to construct the garage on your property. SpecificaAy, the proposed garage constitutes a second garage on your property where only one is allowed per Town Code. I understand that Mr. Galameau is preparing the necessary application papervvork for this approval process. 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 CB/sh Cc: Rick Galameau L\Craig frown\2011 Lefters\Denial Nelson-Lukoff 4_12_1 l.doc _ "HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE" SETTLED 1763 Tax Parcel ID Number: Zoning District: ~C~kd~ Area Variance Revised June General Information ..G ~_ ! _.-- f ~ 1\~"`~~ Detailed Description of Project [tndudes current & proposed use]; ~~ L ~/~ ~~ /i i/S S Location of project: r ~~~. - Town of Queensbury -Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 r> r__n Y 5.~:. ' y~'j. r Pre-Submission Conference Form X179-4-0401 (` ~ 1. Tax Map ID ~Q ~-- ~ - / ~ , L~ 2: Zoning Classification /~~ si9 3. Reason for Review: ~S~f.(~N~ /,g,Q,,4/,,f-, Area Variance Revised June ~,~ - ~- ~z ~:~.. -~ ,C' 2 . 4. Zoning Section #: / 7 ~' 3 `Q~~ . . 5. Pre-Submission Meeting Notes; Outsta nding Ite To Be Addressed Include: t ~_ ~ ~ z: ~ ~' Deed General Information complete Yes Yes o ~o Site Development Data Complete ~ Yes No Setback Requirements Complete Additional Project Information Complete Yes Y No ~ U p~ATC .5~7,~9u'~. . FAR addressed es Yes No ~o . Compliance with Zoning Ordinance Yes No Checklist items addressed Yes No Environmental Form completed it~A Yes No Signature Page completed Yes No ~~~ '" ...~G N.9Tu,QC ~i9Gf C~~tl ~'.~ ~ ~.~C. OOH ~' .: ~-~ .Sr4lfO.~.i N'~9~Aily~ ~~~~~~ r ~: A ~:?; .. Staff Representat ApplicantlAgent: . Date: iZ Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 6 Area Variance Revised June 2009 General Information Tax Parcel ID Number: 3v `7 - / - ~~ Zoning District: ~ /~ - S ~ Detailed Description of Project [includes current & proposed use]: 5'~i ~p = ~"Z~ -sj, ~T Location of project: .~ ~r„~ti, ~ r ~~.~ ~ raw ,~ ~ -~ ~ ~~. ~ c h ~ f , Applicant Name:' .~_,4rsA,r`~T' l~/~I sa,~ Address: ~- Horrie~Rhone _ rar'r ~v ~~' Cell: ~ GS TT'h t ~~ ~-zr~ -~ s~ _ ~ ~ Work Phone t- oN~ Fax i-~ ~- Z ~ - r; s~ , E-Mail: Agent's Name: 1C -Ar~/ , ~k: PAS- Address; ~.' ~/~ Home Phone ~ 7- o °` Z Cell: 85 7- 11 S Work Phone 5 ~~-i3 ~ r Fax ~~~- ~~c.~ 'E=mail _ Owner's, Name .~Rme ,v Address: Home Phone ` Cell -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 - TotaF sq. ft. Addition s , ft. A. Building footprint B. Detached Garage i~ ~z -~r~. 1~~~ C. Accessory Structure(s) D. Paved, gravel or other hard surtaced area ' ° ~~ ~ a L s °-- 7 I ~ 7 ~3 `i E. Porches /Decks F. Other G. Total Non-Permeable [Add A-F] 7~ ~Z ~~yL H. Parcel Area [43,560 sq. ft. /acre] 1~~,3~~f zzy,33~{ I. Percentage of Impermeable Area of Site [I=G/H) ~. ©3 5 Setback Requirements Area Required Existing Proposed Front [1] /c~c~ -2~ !. ~ ~ ~ ~. Z Front [2] .~- Shoreline ___-- _._ Side Yard [1) ~~ , ~~ ~~ ~ a a. ,~ Side Yard [2] 7s' `~3.0' ~~, 1 ~ Rear Yard [1] ~ , ~~~• l ~b-1r ~' Rear Yard [2) Travel Corridor Height [max] ~~ ~~ Permeability ~` / ~ l ~~ ~ S ~a No. of parking spaces ~P 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? ~!~/-~ 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? iV v 4. Estimated project duration: Start Date End Date 5. Estimated total cost of project: 6. Total area of land disturbance for project: / oc~o ~/- s', ;-; 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 bistrict 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 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 s . ft. Existin Floor Area s . ft. see above definition Pro osed Additional Floor Area s . ft. Pro osed 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 Area Variance Revised June 2009 Compliance with Zoning Ordinance Requesting relief from SECTION: / 7 S- 3 ~o ~{ o Need relief from the requirement(s) listed below which can not be met by the project as proposed. (Check allthalapplyJ i$~etback ^ Buffer Zd1e ^ Lot Width ^Other 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? N 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? 0 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? 0 5. Whether the alleged difficulty was self-created? /V~o Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 4 Area Variance Revised June 2009 Submittal of a stamoed and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. A. GENERAL SHOWN ON 1 Title, Name, Address of applicant & person responsible for re ti f d SHEET # p para on o rawing ~ 2 Deed / 3 North arrow, Tax Map ID, date prepared and scale (minimum 11n. = 40 ft.] r 4 Boundaries of the property plotted to scale, zoning boundary I 5 Principal structures, accessory structures with eMerior dimensions ' 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed 7 Setbacks for all structures and improvements: existing & proposed J 8 Elevations and floor plans of all proposed and affected structures B: -2 -3 r4- ~ A-S A- WATER & SEWER SHOWN ON 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed SHEET # 2 Water su I ] p i g p ppy [i.e. well 8 se tic on ad'oinin lots with se aration distances to existing or proposed on-site water supply and ~ ~' 3 se tic Separation distances for proposed sewage disposal system to well and water bodies ~ 4 Existing public or private water supply [well, lake, etc.J. Method of securing public or private water, location, design and construction of water su I includin dail water usa e N ^~,. 5 Percolation test location and results !1/`/~1- C. PARKING /PERMEABLE AREAS `SHOWN ON 1 Number of spaces required for project including calculations and justification: existing ~ proposed SHEET # N%fk- 2 No. of existin arkin s aces, number to be removed, number to maintain and t e of surfacin material e. ., ravel, aved y~~ /~- ~ 3 Provision for pedestrian and handicap access and parking: existing & proposed ~~ 4 Design details of ingress, egress, loading areas and cutting: existing & 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 N ~ ~~~' D. ADQITIONAL SITE DEVELOPMENT AND MISCELLANEOUS SHOWN ON '' 1 On-site & adjacent watercourses, streams, rivers, lake and wetlands SHEET # r 2 Utility /energy distribution system [gas, electric, solar, telephone]: existing & proposed / 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 & ro osed ~y/~ e Signage: Location, size, type, design and setback: existing & proposed f Waiver Request: provide letter with application requesting any waivers: please reference specific items ~ g Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading i;< Lighting Plans N N~~ h Identification of Federal, State or County permits required for the project together with a record of application for all necessary ermits N`~.' Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Pre-Submission Conference Form X179-4-0401 1. Tax Map ID ~ p `7 _ i _ ~ Z. 2. Zoning Classification /~ 2 ~ ~} 3. Reason for Review: 5' i ~ [-' S - r y3,y c ~ ,~fL i ~ ~ 4. Zoning Section #: 5. Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include: Deed Yes No General Information complete Yes No Site Development Data Complete Yes No Setback Requirements Complete Yes 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 Staff Representative: Applicant /Agent: Date Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 6 Area Variance Revised June 2C Signature Page This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for S Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentati required. n1A/~IC/~!!. Ai..-.~~rww.. Complete the following if the OWNER of the property is not t e me as the applicant Owner: ,~4:~_s'i--~~ ~ ~.~~ ~ . Designates: ~ 1-C/!L n~-~ ~C ~i"n ~ri r s~ ~ ~ ~ ~ / ~ w ~~ r ~~ ii •t 3 v ~ ~c~1 / 7----~---- S--I~. ~ As agent regarding: Variance For Tax Ma No.: ~- ---~--Site Plan Subdivision' P Section Block Lot Deed Referen e: ~~ B~ Page Date OWNER SIGNATURE: ~~ ,. ,,, ,~,~~ ' DATE: ~-f ,~l 3 :'~/ 1 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: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot 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 applicants responsibility to obtain any additional permits. S.) 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 PROVIDEDOCUMENTATION 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 {atement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the proved 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. 1 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 agre to above. . ~ ~ ~~ Signature [ p icay~t~ ~ ~ 1 Signature' [Agent) ~~,,, ~ ,~ -~ ~ ~ i Print Name (Applicant] Date ig ed Print Name [Agent] Date signed Town of Queensbury • Zoning Office ~ 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 9 . DOGUMEhITT p0002425 wOLUME: 4'322 FADE: 1S7 c~ ~ WARRANTY DEED ~~:~ ~I~vlr,`/~ - ~" ~ ~ DATE OF DEED: March 16 2011 ~~~~v GRANTOR: MARK A. GUISEPPE KAREN E. GUISEPPE 63 Tuthill Road ~ Queensbury, New York 12804 ~ GRANTEE: ~ ~ MARGARET A. NELSON / BARRY P. LUKOFF ~ ~ 5212 Meadow Wood Boulevard ~ Lyndhurst, Ohio 44124 as Joint Tenants with Rights of Survivorship ~~ \ THIS WARRANTY DEED made between Grantor and Grantee on the date stated above WITNESS 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 their heirs, successors and assigns forever all that property located at: 63 Tuthill Road Town of Queensbury County of Warren State of New York Tax Map No. 307-1-12 (THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULE "A" ATTACHED) BEING THE SAME PREMISES as described in Deed from Glens Falls National Bank dated June 4, 2009 and recorded in the Warren County Clerk's Office on June 12, 2009 in Book 3796 of Real Property at Page 311. 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 herein granted by this Warranty Deed unto the Grantee and their heirs, successors and assigns forever. ~~rc c.r~l +~ i c:~.tu~n +c 1~J1uricu^~r .4.1.Jc'i~~n' U "?~ I of h~ 11 t2~xjci Cku~~ n~~;tu~ ~~ , ~'tl I z ~~ DOCUMENT OQOi~t24.-~~ t1O!_UME: 42?2 FAGE: 159 SCHEDULE A 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, more particularly bounded and described as follows: Beginning at the southeast corner of the lands of Albert and Marilyn Smith in the westerly bounds of Tuthill Road; running thence southeasterly along said Tuthill Road and along a curve to the left having a radius of 140.99 feet, a distance of 164.38 feet; thence running southeasterly still along said Tuthill Road and along a curve to the right having a radius of 230.65 feet; a distance of 92.70 feet; thence continuing along said road South 44 degrees 25' 20" East, a distance of 81.63 feet to an iron pipe set in the ground for a corner; thence running South 76 degrees 31' 30" West, a distance of 780.91 feet to the point in the easterly bounds of said lands of Smith; thence running North 07 degrees l9' 10" East along the lands of said Smith, a distance of 496.70 feet; thence running South~$0 degrees 26' 20" East along the lands of said Smith, a distance of 173.46 feet to a twelve (12) inch diameter maple tree; thence running South 81 degrees and 54' East, a distance of 307.82 feet to the point and place of beginning containing 5.146 acres of land, be the same more or less. Bearings given in the above description refer to the magnetic meridian. Subject to all covenants, restrictions and easements of record.