ApplicationNew Business
Area Variance
1
Review month -September 2011 ,~- ,
Dean & Pa
641 Ridge Road
omer
1,800 sq. ft. freestanding garage;
(creating a second garage on
parcel as well an oversized
garage)
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TOWN OF QUEENSBURY
742 Bay Road, Queensbury, M' 12804-5902 518-761-8201
August I1, 2011
Dean & Pamela Romer
52 Queensbury Avenue
Queensbury, NY 12804
Re: Second Garage "
641 Ridge Road
Tax Map Parcel: 297.10-1-49
Dear Mr. & Mrs. Romer:
I am writing to you in response to my review of your current proposal for a second garage on
your properly at 641 Ridge Road and to document the recent conversations regarding the
same between your agent, Stefanie Bitter, Esq. and Keith Oborne of my office.
I-have reviewed your plans and .find that an Area Variance is required for your proposal.
Specifically, as your home already has an existing attached garage and your current proposal
fora 1.,800 sf freestanding garage on the same properly constitutes a second garage where
only one is allowed, a variance is necessary. Additionally, the maximum allowable size for a
garage on a parcel less khan 5 acres is 1,100 sf. Your proposal will require. relief from this
requirementas well.
I understand. that you may be in the process of preparing the necessary application materials.
Please note our established submittal deadlines when preparing this infonmation. Should you
have-any questions, pleas~do not hesitate to contact this office.
Regards,
Town Queensbury
Craig Brown
Zoning Administrator
CB/sh ,
L:K~aig Brown~2011 I.ettasU~rniai Roma 8_i i_I l.doc
Tax Parcel ID Number
General Information
297.10-1-49
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Area Variance Revised June 2009
RECEIVED
• AUG 1 1 2011
Zoning District: i~R
TOWN OF QUEENSBURY
ZONING OFFICE
Detailed Description of Project [includes current & proposed use:
Applicant is proposa.ng to construct an 180 square foot accessory building
Location of project:
641 Ridge Road
Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804. 518-761-8238
p
Area Variance Revised June 2009
Pre-Submission Conference Form t'179-4-0401
1. Tax Map ID 297. 10-1-49
P'IDR
2. Zoning Classification
3. Reason for Review: AREA VARIANCE FOR A GARAGE THAT EXCEEDS 110 0 SQ . FT
4. Zoning Section #:
5. Pre-Submission Meeting Notes; Outstanding Ite~ To Be Addressed Include:
Qeed Yes No
General Information complete Yes No
Si#e 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
...
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Town of Queensbury • Zoning Office • 742 Bay Road- • Queensbury, NY 12804.518-761-8238
PAUL E. PONTIFF
ALAN R. RHODES
ROBERT S. MCMILLEN
PHILIP C. MCINTIRE
MARx A. LEBOWITZ
J. LAWRENCE PALTROWITZ
MALCOLM B. O~HARA
PATRICLI E. WATKINS
MARK E. CERASANO
MARTIN D. AUFFREDOU
BRUCE ~. LIPIN$Kl
PAULA NADEAU BERUBE
JONATHAN C CAPPER
BENJAMIN R. PRATT, JR.
EILEEN M. HAYNES
JAMES R. BURKETT
STEFANIE DILALLO BITTER
KARLA WILLIAMS BUETTNER
BARTLETT, PONTIFF, STEWART cot RHODES, P.C.
ATTORNEYS AT LAW
P.O. Box 2168
ONE WASHINGTON STREET
~iLENS FALLS, 1~lEW YORK 12801-2168
TELEPHONE (518) 792-2117
FAX (518) 792-3309
EMAIL info@bpsrlaZvcom
WEBSITE wwlvbpsrlawcom
August 15, 2011
Chairman Steve Jackoski
Town of Queensbury
Zoning Board of Appeals
742 Bay Road
Queensbury New York 12801
Re: Dean and Pamela Romer
641 Ridge Road
Tax Map Parce1297.10-1-49
Dear Chairman Jackoski:
RICHARD J. BARTLETT
Retired
ELISABETH B. MAHONEY
JOHN D. WRIGHT
JESSICA HUGABONE VINSON
BRIAN C. BORIE
ROBERT S. STEWART
1932-2001
BERTRAM J. DUHE
1916-1999
Please be advised that our firm has been retained by Dean and Pamela Romer with regard to their
request for an Area Variance. The Romers were before the Zoning Board of Appeals in November
of 2010. At that time the Romers were seeking a 2,400 square foot freestanding garage. During the
Zoning Board's review members of the public and Board commented that they thought the proposed
structure was too large and as a result the matter was tabled and later withdrawn. Since that time,
the Romers have taken into consideration the comments that were made that night and have decided
to propose a structure that is 1,800 square feet in size.
The proposed location of the structure will be setback from the road and property lines at such a
distance that its visibility will be limited. In addition, although Rolling Ridge goes along the
backside of this parcel, the Applicant intends to maintain the vegetation between the rear property
line and the rear of the proposed structure, so that the buffer will remain. As a result, the visibility
of the structure will be minimal. Regardless, the Applicant intends to construct the structure so that
it compliments the existing residence. This garage will be built with a four foot frost wall with four
inches of poured concrete. The construction of this structure will allow the Applicant to keep all of
their equipment out of plain view.
Chairman Steve Jackoski
Page Two
August 15, 2011
Please place this matter on your next available agenda. If you have any questions, please contact me
or Stefanie DiLallo Bitter.
Very truly yours,
BARTLETT, PONTIFF, STEWART
& RHQI~ES, P.C.
7o at C. Lapper, Esq. ~" J
D t #: (518) 832-6434
Direct Fax #: (518) 824-1034
Direct E-Mail: jclna bpsrlaw.com
JCL:
cc: Dean and Pamela Romer
Area Variance Revised June 2009
AREA VARIANCE APPLICATION
REVIEW PROCESS
1) Required Pre-Submission meeting with staff to determine general completeness to be held no later
than 1 week prior to deadline dav. Call (518) 761-8238 for appointment.
2) Submittal of complete application: 7 original & 74 copies of the application package by monthly
deadline.
3) 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.
4) Incomplete applications will not be considered for placement on any agenda until all missing information
has been supplied.
5) Submittal to the Warren County Planning Board, if applicable.
6) Zoning Board meeting, generaly the third and fourth Wednesday of each month. You will be advised in
writing as to which meeting to attend.
7) 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.
DOCUMENTATION REQUIREMENTS:
Please submit 1 original and 14 copies 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
• Waiver Request: any request for a waiver from the applicant regarding submission requirements.
• Copy of Deed
• Survev: stamped, dated & signed
• Fee
ZONING STAFF $c CONTACT INFORMATION
Craig Brown, Zoning Administrator craigb gueensburV.net
Keith Oborne, Land Use Planner keitho aueensbury.net
Sue Hemingway, Office Specialist (518) 761-8238
Visit our website at www.gueensburv.netfnr further information and forms.
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804. 518-761-8238 p
Area Variance Revised June 2009
General Information
Tax Parcel ID Number: 297.10-1-49
Zoning District:
MDR
Detailed Description Of Project [includes current & proposed use]:
Applicant is proposing to construct an 1800 square foot accessory building
Location of project:
641 Ridge Road
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238
Area Variance Revised June 2009
Site Development Data
.p,,,tS a r,S f ii ~ Fey °e.
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A. Building footprint
5 0 0
5~0 0
B. Detached Garage 18 0 0
C. Accessory Structure(s)
5300
5300
D. Paved, gravel or other hard surfaced area 42 0 42 0
E. Porches /Decks
F. Other
G. Total Non-Permeable [Add A-F] 8220 11020 11020
H. Parcel Area [43,560 sq. ft. /acre]
153331
153331
153331
I. Percentage of Impermeable Area of Site [I=G/H] 6.01 7.19 7.19
Setback Requirements
,~;~ r r ~
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Front [1]
3 0
0
310
Front [2]
Shoreline
Side Yard [1] 25w 0 105
Side Yard [2]
25e
0
170
Rear Yard (1] 3 0 0 114
Rear Yard [2]
Travel Corridor
Height [max] 4 0 0 2 0
Permeability
50
6.01
7.19
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? no
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?
no
4. Estimated project duration: Start Date End Date Spring 2012
5. Estimated total cost of project: $2 0 , o 0 0
6. Total area of land disturbance for project: 1800 square feet
Floor Area Ratio Worksheet NoT APPLICABLE
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.
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.
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: 17 9 - 5 - 0 2 0
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
(Check all thatapplyJ wetback ^ Buffer ZUte ^ Lot Width OOther An accessory structure
that exceeds the limited size allowed
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?
Due to the existing vegetation and the distance the structure will have
from the road there will be no undesirable change.
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?
In an effort to place all of the Applicant's belongings out of sight
the garage has to be larger than the 1100 square foot minimum.
3. Whether the requested area variance is substantial?
It should not be deemed substantial since the result will be that all
of the Applicant's storage will not be visible, which will obviously
assist with the aesthetics of the property.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
No negative impact should be deemed to exist. The location will keep
the structure from having limited visibility from adjacent properties and
e esign wi a ow i o comp amen e ouse.
5. Whether the alleged difficulty was self-created?
Although the reason for the garage may be looked at as a self-created
difficulty this should not prevent the variance from being granted.
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238 c}
Area Variance Revised June 2009
Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted below.
1 Title, Name, Address of applicant 8 person responsible for preparation of drawing SURVEY
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
SURVEY
5 Principal structures, accessory structures with exterior dimensions
SURVEY
6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed SURVEY
7 Setbacks for all structures and improvements: existing & proposed SURVEY
8 Elevations and floor plans of all proposed and affected structures
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 proposed on-site water supply and N A
se tic
3 Separation distances for proposed sewage disposal system to well and water bodies
4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location, design and
construction of water su I includin dail water usa e
5 Percolation test location and results
N A
~ ~ f~ i~~ ,k!'t} ~ Y
1 Number of spaces required for project including calculations and justification: existing & proposed N/A
2 No. of existin arkin s aces, number to be removed, number to maintain and t e of surfacin material e.., ravel, aved N A
3 Provision for pedestrian and handicap access and parking: existing & proposed
N/A
4 Design details of ingress, egress, loading areas and cutting: existing & proposed N/A
5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed N/A
6 Lightin
g, location and design of all existing and proposed outdoor lighting
g
1 On-site & adjacent watercourses, streams, rivers, lake and wetlands
N A
2 Utility /energy distribution system [gas, electric, solar, telephone]: existing & proposed N/A
3 Location, design and construction details of all existing and proposed site improvements including: drains, culverts, retaining N/A
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 N A
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 & Lighting Plans
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 i'179-4-0401
1. Tax Map ID 297. 10-1-49
MDR
2. Zoning Classification
3. Reason for Review: AREA VARIANCE FORA GARAGE THAT EXCEEDS 110 0 SQ . FT
4. Zoning Section #:
5. Pre-Submission Meeting Notes; Outstanding Iterryr¢ 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
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238 6
-....-~.~_ I .__. _... _ _.. -...._.. _.~....._. ..-~.-~-.. -. .. .. .
RECEIVED
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', nnl~~x_>~e~ ~' WARREN COUt,CTY
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Ttt25 INDENTURE, made thc'2<TH day oP Juna, 1991
ua
eETxEEN DAVID M. 31itJLT2, residing at RD I1, Dox ~
Road, Queensbury, Nav York, 12804, pa r.ty of the
and
;; DEAN P: RONER and PAHELA 6. ROMER, his wipe,
residing at star Aouta, 19 Knolls Road North, Qucensbury,
li Nev York, 12801, parties of the second part,
wITNESSETN, that the party of the tir6t part, in
Consideration of One Dollar ($l.oo) and other good and
~~ valuable consideration paid b)' the pertisa of the second
psrt, doer hereby grc.^.` n-d rclcaca unto ttr, parties of the
nocond part, tReir heirs and assigns forever,
~ ALL TNAT CERTAIN PIECE OR P11RC£L 4F LAND, situate,
lying end boing in the Town of Qussnzbury, County of warren
;~ and Stato of Nau York, and being Lot No. 1 as shown on a map
' ;~ entitled "Map of a Proposed 5ubdiviaion of Lands of Arzella
"`' H. Shultz and bavid H. Shultt', made by Coultez ~ McCormack,
'1 L.1..6., which map was dated November ], 1484, and last
~t rovicod January 29, 1990, and thereafter filed in the I:arran
county Clark's Office on Hhy is, 2990, in Plat C.abinat A,
~~ Slido 1-155, and being more particularly boundod and
l dnacribad ne follove;
;, BEGINNING at a point in the northerly side of Nev
i' York stets Route 9L '(commonly known na Ridge Road), which
raid point of beginning marks the southwesterly corner of
•' the Said L,ot No. 1 ae shown on the above-re.ferenc0d inapt and
rurtnlnq frets thence North o6 degrees /7 minutes 30 seconds
•. ~: £ast, along a stone wall and along the easterly bounds of
~: lands .now or fonaerly of Cealt and the easterly bounds of
lands now or formorly of tteid, e.dietance of 515..ce feat to
~~ a point marking the northwesterly corner of the premises
;~ herein conveyed thence turning and running mouth 85 degr<es
36 minutes 3o seconds East, and along the southerly boundary
li of lands now or formerly of Cririetophar•p, Lynch (654/662),
i~ a distance of 300.00 teat to a point marking th<
'~ northeasterly corner of the prami.sas herein conveyed; thence
turning and running South 01 degrees '11 tainutas 30 seconds
.. ~~ hest, and along the westerly bounds of Lot No, 2 as shovn on
:I the above-refer6need map, a distance of 442.17 feet to a
point. in the northerly bounds of the aforesaid New York
state itoute ~iL; thence turning and running South 81 Degrees
' 25 ainutns 40 ercond>s west, end aloesq the northerly bounds
~~ of said Nav York State Route 9L, a di6tanca of 35a,00 feet
,i .. to the point or place of beginning, COntaihing x.52 acme
' of land, ba the Bama sore or leas,
II Tho fort Din ~
q g pramiooa •ra convayod cubjoc~,
hawavar, Co eny and all rovnnantu, teatrictione, easemonta
oT •nc ulAlJrBnC: F,9 of raCOrd.
BEING the nz,me premisa• conveyed by Arzelie H.
i. Ahultz to Davi4 H. Shultz by daod dated 'September 2S, 1991, ,
ens rocordcd in tno Narran County Clerk~a Offlce on
~ eaptor~r 2~, 1991, in Book 83< of Deoda at page 23.
i,
ToCkTt[ER vith.the appurtonancas and all the estate
~ and rights of the party of the first part in and to said
p r•e_. i a as , i
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~\
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4.
i ~ _ _ - -- _. _. - ~ ~ _
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~ p unto To HAVE AND To~p~a Chs raaloas q a4
~ c,p ~• parties of the a p herein rent
~ ~ forsvpr. p~2-t, their heirs and naaigna
AND sAid parCY of the firm
tolloxar part co~Bnnnto a^
'A' FTRST:: That the a
~ quietly enjoy the acid prsalsas~aa of the second
Part shnll
SECOND: That avid party of the first part will
forever Sa~T the titlo to acid pramisoa,
THIRO: That, in compliance xith Section 11 of the
Liars Lav, the grantor will recaiv• the consideration for
this cohvoyance•end will hold the rignt to rec•1ve ouch
consideration as" a trust fund to be appl iad tirct for the
~ purpose of paying .the cost of the improvement and w111 apply
~ the eama firht to the a
~ Defore uain a P yment of the coat o! the improvement
purpose. 9 ny part of the total o! the aa~e !or any other
Ilt WITNE89 WHEREOF, the party of the first part
has hereunto sot his hand end eeal the day and year lust
abovo written.
IN PRESENCE OF ~
,'
" Dav d !1. s ltz
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7~
~ eTATE qP NEH YOB )
Cot1NTY of HARKEN : ) ~ t
On thle elf day o~ Jutu, 1994, before k+a, the
Qubscribe=, perronallY aPpdAred
' DJIVYb x. 9HVLT2
. to me personally known tad known Co as to be the same parson
dascribod in and who axocuted the vSthin instrument, and n•
duly acknaxledged to ne that ho executed the same,
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BRUCE M. JORDAN
NOItry P,.yLt Slll• of N.. YpA
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Dear Sirs:
I would like to build a second garage on my property because my current garage
space is inadequate to house my personal belongings.
Currently, I have many registered vehicles, lawn equipment, tractors,
motorcycles, ATVs and trailers stored in buildings in and near my place of
business for my personal use. My truck is also parked outside because I do not
have room for it in my current garage space. I would like to consolidate my
personal belongings at my residence and keep them out of the weather and out
of sight for aesthetic reasons. My plan is to build a structure that would barely
be visible from the road or adjacent properties due to trees and shrubs that
surround my property on the sides and rear. My home and the lay of the land
would make it mostly not visible from the road as shown in the attached photo
page.
If I am granted authorization to build according to the plan I am submitting, I will
never erect any other accessory structures, even though by code I am entitled to
up to three accessory structures totaling 750 square feet. I would rather have
one large storage structure out of view than. many spread about my property.
Thank you for your consideration.
Sincerely~'~-~--'~
Dean F. Romer
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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:
Designates: D""i L~,11 YV1V 11r r .71 ~wHtc1 Oc ttn~1.1~5 r~
As agent regarding: Variance Site Plan Subdivision
For Tax ap o.: ion Block lot
Deed Re rence: ook Page Date
OWNER SIGNATURE: ~ ~ DATE:
APPLICANT'S AGENT FORM:
Designates:
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.
5.1 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.
6.1 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
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
Date signed
Date signed
ry • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238