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Application f a �t 1� TO OF QUEEATSBUIRY 742 Bay Road, Queensbury, NY. 12804-5902 July 6,2018 Mary Cooper 4 Greenway North Queensbury,NY 12804 RE. Deck 4+Greenway North Permit No;355-2018 Tax Map No: 302.5-1-83 Dear Ms.Cooper: I am writing to you in response to my review of your recently submitted deck permit application. I find that an Area Variance will be needed as the proposed location of the deck does not meet the minimum side setback requirement. For projects such as this within the Moderate Density Residential; (MDR) zone, a 25 ft_ side setback is required. You have the options of either reducing the planned deck size or seeking an Area Variance for the deck size shown in your application. 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 of Queensbury Craig Brown Zoning Administrator CBJsh L:\Craig BromV018 LettersTenial Cooper 7_6_18.doc "Home of Natural Beauty ... A Good Place to Live " Area Valiance IZBA appmWed. Septamhcr21 20161 - � � � General inforinatton �zfall Tax Parcel ID Nurnber, ��. � � "c3 �` AUG <]�D— Y` #� Y fir{ GV� Zoning District: � ITOWN OF _ ENSBURY Detailed Description of Project [include current & proposed use I: ZONING OFFICE Current Use.5' pnMiN Proposed IJse:� P PAM I'il j r�"_, { ` Location of Project' J } Applicant Name: 0. Mailing Address Home Phone City, State,Zip + �tk it L, K( Work Phone Cell Phone 3 E-Mail: FAX No. Agent's Dame: Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Owner's Nam '1111 ding Address ) odb Home Phone City,State,Zip 1 i?3 Work Phone h � Cell Phone � E-mail +1� FAX M>_ r&lfoe. LM Area Variance Z-AV- 7- 018 Mary Cooper reenway North Area Variance [ZBA approved: September 2120161 Site Development Data Area/Type Existing sq.ft. Proposed Total sq.ft. Additions .ft. A. Building footprint B. Detached Garage C. Accessory Structures) �,, D. Paved, gravel or other hard surfaced area E. Porches/Decks F. Other G. Total Non-Permeable [Add A-F] I H. Parcel Area [43,560 sq.ft./acre] I. Percentage of Impermeable Area of Site [I=G/H] Setback Requirements Area Required Existing Proposed Front Yard [1] Front Yard [2] Shoreline Side Yard [1] Side Yard [2] g Rear Yard [1] Rear Yard [2] Travel Corridor Height [maximum] Permeability 9,� Number of parking spaces Page 2 Area variance [ZBA approved: September 2120161 Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? 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/ VNo 4. Estimated project duration: Start Date:SCO-K-069 End Date: 0, 5. Estimated total cost of project: VO' L-= fl 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 ar'a by the lot size in square feet,yielding a percentage. JJ Zonin istrict Symbol Floor Area Ratio [FAR] Waterfront Residential WR 0.22 Commercial Moderate Commercial CM/Cl 0.3 ' Intensive A. The combined area of all square otage, as measure from exterior walls of all structt res 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 doe's not include: Open deck, docks and d4at portion of covered docks extending over water and one storage shed of one,kundred 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 frdm 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 s s `\ft. [see above definition] Proposed Additional Floor Area sq.ft. Proposed Total Floor Area s .ft. Total Allowable Floor Area (Area x ) [see above table] Pag,e3, Area Variance [ZBA approved: September 212016] 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] P/Setback ❑Buffer Zone OLot Width MOther 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? &)b ,� Ohhni- Lis -1 Aa2L J - - 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? abile rjoolk� -In ±z I A0 CJ Li J-t-, F,0-7 01 - 3. Whether the requested area variance is substantial? rn ti J- 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? n L� 5. Whether the alleged difficulty was self-created? n4 rnu Page 4 Area Variance [ZBA approved: September 21 2016] Pre-Submission Conference Form/�See/ction 17,9t,-9-040 1. Applicant Name: "t�t�l f C tr vote 2. Tag Map ID � P Location: ��'(� ,il t�U� `Vd r` 3. Zoning Classification D 1 ��j C a aat�, 4. Reason for Review: C hit 7 i 5. Zoning Section#: 1 6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by Deed General Information complete Site Development Data Complete v' Setback Requirements Complete Additional Project Information Complete FAR addressed Compliance with Zoning Ordinance Checklist items addressed rm'' Environmental Form completed _ Signature Page completed — (V--U LC tt O4 y�ll_�_Q jC�_fG i S C f l i A C,o n 4- C- it "6",", till Staff Representative: -� Applicant/Agent: � d Date: l o "J Page 6 Area Variance[ZBA approved: September 2120161 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 Foizmw 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 S 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 REOUIRED: I,the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to issuance of a valid permit. I certify that the application,plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed,I or my agents, will obtain a certificate of occupancy as necessary. I also understand that 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 have �read and agree to the above. Signature[A,�plicant] Print Name Applicant] Date signed Signature [Agent] Print Name [Agent] Date signed Page 7 WARRANTY DEED WITH LIEN COVENANT DATE OF DEED: Mov20. 2010 CHARLES H. FRITTSand KE|TH H. FRITTS 4GreenvwsyNorth Queenobury` New York 12804 80ARY S. COOPER 1 Nottingham Park (]anoavoort, New York 12831 THIS WARRANTY DEED made between Grantor and Grantee on the date stated above WITNESSES THAT GRANTOR in consideration of ---------------OneDollar (�1.00\--------'----- lawful money of the United States and other good and valuable consideration, paid byGrantee, DOES HEREBY GRANT AND RELEASE UNTO GRANTEE and his heirs and assigns forever all that property located at: 4GreenvmayNorth Town ofClueeOsbury County OfWarren State of New York TAX MAP#: 302.5-1-83 (THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULE AATTACHED) THIS GRANT |S MADE: TOGETHER with the appurtenances and all the estate and rights oƒthe Grantor in and to said premises. TO HAVE AND T{} HOLD the premises granted bv this Warranty Deed unto the Grantee and his assigns forever. AND THE GRANTOR COVENANTS as follows: That Grantee shall QUIETLY ENJOY said premises; That Grantor will forever WARRANT the title 10 said premises; THIRD: THAT, IN COMPLIANCE WITH SECTION 18 OF THE LIEN LAW, Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund h] be applied fimtfor 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 ofthe same for any other purpose. If there is more than one Grantor or Grantee, the words"Grantor"and "Grantee" used in this deed includes them. IN WITNESS OF THIS CONVEYANCE, Grantor has executed this WARRANTY DEED on the deed date stated above. IN PRESENCE OF B ./ (L.S.) CHARLES H. FRITTS gy: `� �S ����� { C'f (L.S.) CHARLES H. FRITTS, as Agent for {� ' Keith H. Fritts STATE OF NEW YORK ) COUNTY OF .4,— )ss..JJI On this ato day of in the year 2016 before me, the undersigned, personally appeared CHARLES H. F TS, personally known to me or proved to me on the basis of satisfactory evidence to be the indivi ual whose 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. U - pT q < otary Public � RJ- .O_ EXP.MARCH 16.201 _ y•' A�BL�G '_`' COUXA ��►!tltit�� NAClientsWRTrS,Charles&Keith14 Greenway North0eed.docx 2 SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND, situate, lying and being in the Town of Queensbury, County of Warren, and State of New York, bounded and described as follows: BEGINNING at a point in the east line of Greenway North Street as shown on map of Glen Acres, Town of Queensbury, N.Y., made by G. C. Trip, Jr., C.E. and filed inWarren County Clerk's Office June 18, 1951 which point is the northwest corner of Lot No. 27 and the southwest corner of Lot No. 26 as shown on said map; and is also 100' northerly from an iron pipe driven in the ground in the northerly line of the Aviation Road to mark the point where the easterly line of Greenway North Street extended in a straight line would meet the northerly line of the Aviation Road; running thence northerly along the easterly line of Greenway North Street 66'to a point, which point is the northwest corner of said Lot No. 26 and the southwest corner of Lot No. 25 as shown on said map; running thence easterly along the division line between said Lot No. 25 and said Lot No. 26, 90' to the southeast corner of said Lot No. 25; which point is also the southwest corner of Lot No. 24 as shown on said map; running thence southeasterly along the division line between Lot No. 24 and said Lot No. 26, 70' more or less, to the southeast corner of Lot No. 23 as shown on said map; thence southwesterly 33' more or less,to an iron pipe driven in the ground to mark the most southeasterly corner of said Lot No. 26; thence on a course north 84 deg. 19 minutes west 40' to an iron pipe driven in the ground to mark the most northwesterly corner of Lot No. 28 as shown on said map and the northeasterly comer of Lot No. 27; thence continuing along the same course and along the division line between said Lot No. 26 and said Lot No. 27 96.19' to the point or place of beginning. INTENDING TO CONVEY LOT NO. 26 AS SHOWN ON SAID MAP. BEING the same premises conveyed by Patrick M. Cifone, Executor of the Estate of Claire R. Cifone to Charles H. Fritts and Keith H. Fritts by Deed dated June 15, 2010 and recorded in the Warren County Clerk's Office on June 28, 2010 in Book 4040 of Deeds at Page 316. 3