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Application TOWN OF QUEENSBURY 742 B ay Road, QueLmshjtry, N Y_ 72SO4-5902 November 9, 2018 Brenton &Lauren Meilhede 7 Noble Way ueensbury,NY 12SO4 AE: Pool, Fence Relocation, Wor"hop 7 Noble Eery Tax Map No: 301.S-1-53 Dear Mr. and Mrs. MeilhWe: I am writing to you in response to my review of your proposal to install a swimming pool, relocate a pcmion of the existing fence, and maintain an existing workshop addition in its current noncompliant location. I find that an Area Variance is required as the proposed location of the pool is proposed to be located in the non-architectural front yard on the West Mountain side of your parcel, Specifically, your parcel is bound by two roads; the architectural front of the house (7 Noble Way) and the non-architectural front yard (West Mountain Road). Town Code restricts swimming pool placement in any front yard without Zoning Board of Appeals review and approval, [ Dote that Area Variance 3 t- 008 granted approval for a privacy fence in a front yard. Additional relief for the additional privacy fence is required as well. This relief can be considered along with the pool and workshop addition requests. The location of your existing workshop addition requires and Area Variance for setback relief The existing 13.E ft_ setback is in violation of the 20 ft. requirement. This letter serves as the denial letter for the processing of your variance applications, Should you have any questions regarding the above coin=nts, please do not hesitate to contact this office. Sincerely, Town of Queensbury C�to Craig Brown Zoning Administrator CB1sh LACraig BrowM2018 LaterslDenlal Mcilhetk 11�8�18,doc " Horse of Natural Beauty ... A Good Place to Live " Area Variance ['ZBA ap owed September 21 20161 Pre-Submission Conference Form I Section t7 TM40 1„ Applicant Name; Brelnton ping LjUMOI MCijhCdj, I 'Tax Map ID pt.5-175,3 Loc2tiona 7 Noble WayQueeinsbury 3. Zoning Classification 4. Reason for Review: 5. Zoning Section 4 �6. Pre-Submission Meeting Notes; � � ProvidedOutstanding; Please provide by Geed ve General Information complete Sitt Development Data Complete Setback R., a creme is Complete ddition l Project InformationComplete: FAR addt)fs;sed Corn pl Ineckltlist items l addressed r�l uuataeu Environmental Form completed Signature Page completed C U, t. ) 41 C 'L C i r. d t_ ) LI 'Act, tvvn .gel C!" ' ED, ICl( r . " � r � rr w . Staff p re entative )C2 lrt- pplicant/Agent: Date: to,L_ �� Page 6 Area Variance [ZBA approved: September 21 2016] General Information 301.5-1-53 Tax Parcel ID Number: MDR Zoning District: Detailed Description of Project [include current&proposed use]: Single Family Home Current Use: Install swimming pool, move existing fence, maintain existing workshop Proposed Use: 7 Noble Way Queensbury Location of Project: Applicant Name: Brenton and Lauren Meilhede Mailing Address 7 Noble Way Home Phone 518-741-0776 City, State,Zip Queensbury, NY 12804 Work Phone 518-798-9538 Cell Phone 518-522-3592 518-257-0908 E-Mail: Imeilhede@gmail.com FAX No. bmeilhede mail.com Agent's Name: self Mailing Address Home Phone City, State,Zip Work Phone Cell Phone E-mail FAX No. Owner's Name Brenton and Lauren Meilhede Mailing Address 7 Noble Way Home Phone 518-741-0776 City, State,Zip Queensbury, NY 12804 Work Phone 518-798-9538 Cell Phone 518-522-3592 518-257-0908 E-mail Imeilhede@gmail.com FAX No. bmeilhede mail.com 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 2266 0 2266 B. Detached Garage 0 0 0 C. Accessory Structure(s) 504 0 504 D. Paved,gravel or other hard surfaced area 3174 0 3174 E. Porches/Decks 48 0 48 F. Other 0 1756 1756 G. Total Non-Permeable [Add A-F] 5992 1756 7748 H. Parcel Area [43,560 sq. ft. /acre] 44258 44258 44258 1. Percentage of Impermeable Area of Site [I=G/H] 0.1354 0.1751 Setback Requirements Area Required Existing Proposed Front Yard [1] 30' (Noble Way) within 30' within 30' Front Yard [2] 30' (West Mt Rd) within 30' within 30' Shoreline n/a n/a n/a Side Yard [1] n/a n/a n/a Side Yard [2] n/a n/a n/a Rear Yard [1] 20' (South Rear) within 20' within 20' Rear Yard [2] 20' (North Rear) 13.2' 13.2' (maintain) Travel Corridor n/a Height [maximum] n/a Permeability Number of parking spaces n/a 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? no 2. If the parcel has previous approvals,list application number(s): AV 31-2008 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit Program? —Yes/X No 4. Estimated project duration: Start Date:4/2019 End Date: 5/2019 5. Estimated total cost of project: $60,000 6. Total area of land disturbance for project: 1756 sq ft 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/Commercial CM/Cl 0.3 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. Parcel Area sq. ft. Existing Floor Area sq. ft. [see above definition] Proposed Additional Floor Area 0 sq. ft. Proposed Total Floor Area sq. ft. Total Allowable Floor Area (Area x____) [see above table] Page 3 Area Variance [ZBA approved: September 21 2016] Compliance with Zoning Ordinance Requesting relief from SECTION: 179-3-040, 179-5-070 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 ®Other Pool Location 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? We propose to install an inground swimming pool on the non-architectural front yard of our property. We will move the existing privacy fence slightly on the south side to enclose the pool. This is in character for our neighborhood as demonstrated by multiple properties already have inground pools,including the property directly adjacent to us. see addt page 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? There is no alternative placement for our swimming pool that would not require an area variance due to the nature of our property having two front yards. 3. Whether the requested area variance is substantial? The changes to the existing privacy fence and the installation of an inground swimming pool are not substantial. Maintaining the existing work shop is not substantial. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? The proposed project will not impact the neighborhood adversely. 5. Whether the alleged difficulty was self-created? The difficulty in regards to the pool and the fence were not self created as the property borders are set by the surrounding roads. The workshop was built prior to our purchase of the property and therefore this difficulty is not 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 Shown on Sheet 4 1 Title,Name,Address of applicant&person responsible for preparation of drawing 1 2 Deed 8-10 3 North arrow,Tax Map ID, date prepared and scale [minimum: 1 inch=40 feet] 14 4 Boundaries of the property plotted to scale, zoning boundary 14 5 Principal structures, accessory structures with exterior dimensions 14 6 Site improvements incl. outdoor storage areas, driveways,parking areas, etc.: existing& 14 proposed 7 Setbacks for all structures and improvements: existing &proposed 2 8 Elevations and floor plans of all proposed and affected structures n/a B. Water& Sewer Shown on Sheet 4 1 Project sewage disposal facilities,design details, construction details, flow rates, and number of on site bedrooms proposed 2 Water supply [i.e. well] &septic on adjoining lots with separation distances to existing or municipal proposed on-site water supply and septic 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 supply including daily water usage 5 Percolation test location and results C. Parking/Permeable Areas Shown on Sheet 4 1 Number of spaces required for project including calculations and justification: existing & n/a proposed 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: 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 D. Additional Site Development and Miscellaneous Shown on Sheet 4 1 On-site &adjacent watercourses, streams, rivers, lake and wetlands n/a 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&proposed 5 Signage: Location, size,type, design and setback: existing &proposed 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items 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] 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: 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 [Applicant] Print Name [Applicant] Date signed Signature [Agent] Print Name [Agent] Date signed Page 7 Short Environmental Assessment Form Part l -Project Information Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 0 3.a. Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) [—]Industrial [_]Commercial El Residential(suburban) ❑Forest ❑Agriculture El Aquatic El Other(specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑ ❑ b. Consistent with the adopted comprehensive plan? ❑ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ❑ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑ ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES ❑ ❑ b. Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑ c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ ❑ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ ❑ b. Is the proposed action located in an archeological sensitive area? ❑ ❑ 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑ ❑ 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ ❑ a. Will storm water discharges flow to adjacent properties? ❑NO ❑YES b. Will storm water discharges be directed to established conveyance systems runoff and storm drains)? If Yes,briefly describe: NO ❑YES Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: PRINT FORM Page 3 of 3 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 -Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the El ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or El ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate El ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? ❑ ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ ❑ waterbodies,groundwater, air quality,flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? ❑ ❑ PRINT FORM Pagel of2 Agency Use Only[If applicable] Project: Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT FORM Paget oft Compliance with Zoning Ordinance 1 . We propose to install an inground swimming pool on the non-architectural front yard of our property between the house and West Mountain Rd as shown on the survey. We will move the existing privacy fence slightly on the south side to enclose the pool. This is in character for our neighborhood as demonstrated by multiple properties already having inground pools, including the property directly adjacent to us at #3 Noble Way. In addition, the pool will not be seen from the road due to the existing privacy fence. We also propose to maintain the existing workshop on the north side of the property that is within the 20 foot side setback. WARRANTY DEED with Lien Covenant le THIS INDENTURE, made the -�_ day of May, Two-Thousand and Seventeen, Between. JOSEPH J. MARCELLETTI,JR. and. SUZAN MARCELI.E1-I'I, residing at 7 Noble Way, Quecrisbury, New York I2804, parties of the first pan, and BRENTON J. NIEILIIEDE and LAUREN M. YIEILHEDE, residing at 32 Revere Road. Quecnsbury,New York 12804, as tenants by the entirety, parties of the second part, W'itnesseth that the parties of the first pan, in consideration of ONE Dollar (51.00) lawful money of the United States, and other good and valuable consideration, 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, the property located in the Town of Queensbury, County of Warren. and State of New York, which is more particularly described as follows., See Schedule "A" attached hereto. Being the same premises conveyed by The Bff Group to Joseph J. Marcelletti, Jr, and Suzan Nfarcelletti, by Warranty Deed dated July 10. 2006 and recorded in the Warren County Clerk's Office oil July 26. 2006 in Book 2996 at Page 62. Together with the appurtenances and all the estate and rights of the parties 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 parties of the first pan covenant as follows: First. That the parties of the second part shall quietly enjoy the said premises; Second. That said parties of the first part will forever Warrant the title to said premises. Third, that, in compliance with Sec. 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 parties of the first part has hereunto set their hands and seal the day and year first above written. In Presence of JOSEPH . MARCELLETTI,JR. SUZAN MARCELLETTI STATE OF NEW YORK ) COUNTY OF _t,—) )55.:'} YY On the S day of May in the year 2017, before me, the undersigned, a notary public in and for said state, personally appeared JOSEPH J. MARCELLETTI, JR. personally known to me or proved to me on the basis of satisfactory evidence to be the individual 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. Notary Pu is STATE OF NEW YORK ) TnmoniyS.SHULEA Notary P>61K Etita of Now York }SS.: Waskwllr Ott;No,4949151 COUNTY OF W R12 ►l/ Mr c Dora 4d 7,20_0Y On the -'C- day of May in the year 2017, before me, the undersigned, a notary public in and for said state. personally appeared SUZAN MARCELLETTI personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted. executed the instrument. Notary Pub c TIMOTHY S.SHui,ER Maury Public,State o!New York Washiogtaa County,No.4949151 MY CWITt WOW EX;M ApHI 120 SCHEDULE "A" ALL THAT TRACT, PIECE OR PARCEI. OF LAND together with the improvements thereon, situate, lying and being in the Town of Queensbury. County of Warren and State of New York, designated as Lot No. 2 on a subdivision map entitled "Final Layout Plan of Kings Court, Town of Queensbury, County of Warren, State of New York" dated October 15, 2003, last revised April 7, 2004 and filed in the Warren County Clerk's Office on June 30, 2004 in Plat Cabinet B, Slide 258, Zoning Board of Appeals - Record of Resolu#Jan Town of Queensbury 742 Bay Road Queensbury, NY 1 804 (518) 761-8 38 James Underwood, Chairman Roy Urri o, Secretary TO: ,Joseph Marcelletti PROJECT FOR: Joseph Morcelletti 7 Noble Way T Noble Way, Kings Court Queensbury, NY 12804 The Queensbury Zoning Board of Appeals has reviewed the following request at th&below stated meeting and has resolved the followfng: Area Variance No. 1-2008 Joseph Maraelletti Meeting Date. Wednesday, June 25, 2008 Approved X MOTION TO APPROVE AREA VARIANCE NO. 1.2008 J SEPH MAR ELLETTI, Introduced by Joan Jenkin who moved for its adopf+on, seconded by G earge Drcllas: 7 Noble Way, Kings Court Subdivision. The applicant wishes to erect a six foot stockade fence in a non-architectural front yard. The relief required, the applicant requests relief from placement and height restrictions per 179-5-060, no stockade fence in architecturai front yard and no fence over five feet in front yard. The criteria for considering the Area Variance, that e must approve, The benefit to the applicant, The applicant would be permitted to erect a fence to upgrade the privacy. Feasible ❑Ifernatives. With two front yards, any type of privacy fence would require relief. Considering the factors of safety, the noise control, the ease of maintenance, there really doesn't appear to be very many feasible alternatives. Is the relief substantial? The relief is an increase of one foot, or 16.7% in height. The effects on the neighborhood or community. Minimal adverse impact may be anticipated and, the adverse Impact would be mitigated if the shrubs and greenery are planted to offset the stark whiteness of the fence, and I would recommend, because there's a lot of natural shrubs that you can, that really you can dig them in the woods even, and even plant them along the bock and the sides of the fence if you possibly could, just to take away from the appearance of this stark, six fact whiteness. l mean, that would make a big difference if you could do that. Is the difficulty Page 1 of 2 Approval of the appllcation means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park Judsdlctlonal or other approvals are necessary (such as review by the Queensbury Planning Board.) Zoning Board of Appeals - Record of Resolution Town of Queensbury 742 Bay Road Queersbury, NY 12804 (518) 761-8238 ontinued Resolution Area Variance No. 31-2008, Joseph Marcel�etti ZBA Meeting. Wednesday, Jerre 25. 2008 self-created It may be interpreted as self-created. It may be attributed to the lot configuration, which has resulted in this property having no rear yard, and with the coed[ ion, there will be one condition, that you require no additional cu}t;ng between the food and the fence. So I would move to approve this variance. Duly adapted this 25'h day of June, 2008, by the following vote: AYES. Mr. Drellos, Mrs. Jerkin, Mr. Ur6co, firs. Hunt, Mr. Clements, Mr. Underwood NOES. Mr. Gorrand Sincerely, James Underwood, ChaIrman Queensbury Zoning Board of Appeals JUfsh The variance appfaval is valid for one (1 ) year from the date of approval. You may request an extension of approval before the one {1) year time frame has expired. See section 179-14-090 Final, approved plans in compliance with this variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building & Codes personnel. Subsequent rssuanae of further permits, including building permits are dependent on receipt, Page 2 of Approval of the application means that the applicant can now apply for a Building Permit unless your lands axe Adirondack Par JurlsdIctional or other approvals are necessary (Svch as review by the Queensbury Planning Board.) LANDS 7. BEFORE A CERTIFICATE ICATE OF O C:UF'ANUT i l z3�>LJF—tp 01 'f « "„" — NIF OF QUEENSBURY BUILDING DEPARTMENT EACH LOT CORNER SHALL BE SHUL_TZE MARKED BY A PERMANENT IRON ROD SET IN THE GROUND. -F ZONING l E I EC EI TS TOWN OF QUEENSOURY WARPED COUNTY, NEW YORK TAX MAP NO.: 01 . -1-28 SITE AREA: 3.880 ACRES± (ALL WOODED) € ZONING DISTRICT = SFR-1 SINGLE—FAMILY RESIDENTIAL) EXI UNG USE = VACANT UNDEVELOPED NVE -TONAL REALTY B�. BMASION' 18 LOTS LLJ FIRE DISTRICT: UEEN BURY CENTRAL SCHOOLlij DISTRICT: QUEENSBURY 13L — rlA UIRED PROVIDED mm. I`oT SIZE RE 1.D3 ACRES MIN. A G. LV� 7ADTH 50J *16W mIN. LOT WIDTH AT R.O.W. 44Y +- . MIN. FRONT YARD SETBACK 3yDy' LV ' 3y/ i0'�' �'4�/ LVF MIN. RED YARD SETBACK DF 1AIN. 4DE YARD E�1 BACK 0' TOTAL ROAD LENGTH: 1,67 L.F.± ROADWAY CENTERLINE RADIUS = 300 FT. g ROAD RIGHT OF WAY ` 50 FT. PAVED ROADWAY VADTH = 24 FT. c FT. LAVED Cf�i UTTER ROADWAY TURNING RADIUS = 30 FT. PROPOSED PROJECT IS NOT WITHIN THE 100 YEAR FLOODPLAIN nNAL. LAYOUT PLAN KINGS COURT W 'fM STATE M N& 4 ?1aF M OF may` '8Y 4. ODUNTy L7F WARREN STATE OF K g`� 1ARH CfiECKE �Y: Eli DAIS OCT. i 2= SURV�` •� p ►k42-U9$ pWG No, ASdb�'r`YW7 DRAWN SY:,, N y {� i C SHEET 2 OF 9 S^A E:- 1 n—