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Letter by Craig Brown, Zoning Administrator regarding Teresi-Davis 1_4_19 TOWN OF QZZEENSBLZAY 742 Brsy Rorsd, Qveensbxery, NY. 12884-59D2 January 4, 2019 Tonathan C. Lapper, Esq- Bartlett, Pontiff, Stewart 8c lihodes, PC P.O_ Box 2168 One Washington Street Glens Falls,NY 12801 RE: D¢vlr—DurX Btty Prop¢sTl¢s,LLC T¢r¢sl Tox.Mtzp Nor 239_ZS-2-2Z2 Dear Mr. Lappero I am writing to you in response to your September 2Q 2018 letter regarding the property referenced above. On June 25, 2018 the Town o£ Queensbury Planning Board adopted a resolution approving Site Plan 6'i-2019 £or the development o£ the subject parcel with a single- f fly dwelling, o site wastewater system and other a fated site improvements. On July 30, 2018, Charles Freiho£er filed a Notice o£ Appeal with Sae Town seeking to appeal from a June 26, 201 S letter from my office to Mr_ Teresi regarding the Placaraing Board approval. After this Appeal was £sled, I received additional correspondence from your off ce dated September 20, 2018 and cosespondence from Mr. Freiho£er's Legal Counsel dated October 19, 2018_ With c sideralion o£ all the above-referenced documents, applicable Sections of the Town of Queensbury Code and Section 811 of the Adirondack Park Agency Act, PAPA Acts I offt-r the following= Mr. Freihofer claims that the parcel in question is required to be merged, by law,with the adjoining parcel to tkae west since both parcels must be considered non-conforming and they were in the same ownership on May 22, 19']3. Fur@aer, Mr. Freiho£er asserts that the subject parcel does not meat the manamum lot saze aad shoreline width requirements o£ the curreat Town Zoning Law. Your client takes issue with Mr. Freiho£er's interpretation of Town Zoning Law Section 199-12-060_ He £Ltr'ther argues that even i£thai interpretation were correct,that the subject parcel nonetheless quali£ves£or an exemption pursuant to.subparagraph<DJ based on a previous subdivision of land that created tkae parcel in 190']_ " Hoare e of Nn t « rot Beau ty ... A Gnod Pta ce to Live Jonathan C. Lapper, Esq. Page 2 January 4, 2019 Section 1�9-13-060 (D) of the Towa o£Queensbury Zoning Law reads= D_ Developmenf of nonconforming lots in a ritica[¢n vironm¢ntaL area and/or the Adirondack Purk shall be in accordant¢ with § 8II fNew York State Executive Law Article 27 (the APA Act)_ Development of such lots shall also comply wifh Lh¢ minimum yard setback, Lot width, permeability and building heigl t Limitations as set forth by this chapter_ In tJze ea[ that lot located within eitJz er criKcaL ¢n vironm¢nMl area or the Adirondack Park does not comply with the minimum density um shor¢LLn¢ width r¢qu rzts rzd adjoins other loss the rsh ip, the Lots will b¢ treated together mr a Lot for zoning purposes. La j t o f r ing Lots shall include those lots in preexisting subdivisions which were approved by the New York Statc Department of Health. This Section o£the Town Code references Article 811 0£the APA Act which reads in relevant part: a. Single J"amiLy dwelling on ezisHng vacant lot One sing[¢family dwelling or mobile l:ome sl:a[L be aLlo wed to be built orz any vacant lot whit/z w record on the date that this act shall become a Law regardless of the overall intensity guid¢[In¢s, or the minimum lot width provisions of the shoreline restrictions. For the purposes of this cxemptlon, such a lot must not adjoin other Lots in the same o rsh iq provided l o , that a[!such lots in the same o rslzip m y b¢treated together as a Lot_ In addi!'on to ih¢foregoing exemption, where the agency has jurisdiction,for other 1l an its location in a crl8c¢L ¢n vironmentaL a of a sing[¢family dwelh'ng o mobile home o a Lot described in S/t is paragraph which is wn¢d by an individual who has contin aQy o ed such Lot s nee May hv¢nfy-second on eteen hundred s¢venty- thr¢e. It may not disappro a the project o y of the grounds spec fed In paragraph ¢ of subdivision ten of section eight l:und ed n but may impose s dz orzable nditiorzs on fh¢ type and manner of PLac nt of any Individual o mite s wage dispo a[ facilities as are in furtherance of the pu poses of this article and en co pliance with applicable stand rds of the department ofheaLth_ My review o£both the Town Code and the referenced APA Section since it is refere ced in the Town Code Section] does not reveal any speciSc re{rences as to the timing o£the applicability o£the ergs pro - other than the first sentence o£the Town Code Section that begins with: " Development o£___" This initial phrasing of rl.a section o£the Town Code appears to offer the direction {r the intent o£the remainder of the paragraph and sets the tone/timing for the applicability_ This paragraph continues with the requirement to treat non-conforming parcels in the s e ownership as one lot {r z ing purposes. I£the intent o£either the Town Code or the APA Act section was to apply the "merger" language based on the ownership o£the affected properties on May 22, 1993 it Jonathan C. Lapper, Esq. Page 3 January 4, 2019 could have and should have been written as such. It is my determina5on, based upon review o£the plain language of this provision, that any Municipal c sideration o£ the derskvip o£contiguosss parcels for merger purposes is intended to occur at the time that elopment is pursued. 'There£ore, it is my determination that the Davis/Teresi project requires an Area Variance £or relief from the shoreline width requirements and that the "merger" provision does not andate Further variances as tkve ubject property and the adjacent lot were not orrarrvon ownership at the time of developm nt o at the time o£submittal o£any land use development application to the Town o£Queensbury by Mr_ Teresi. Should you have any questions regarding the above comments, please do not hesitate to contact this ot3ice. Sincerely, Town o£Queensbury Craig Brown Zoning Administrator CB/sh Cc: Town Counsel John Ca£fry, Esq. L\Cesig aeown\2019 Lcaers\Tamsi-Davis l_4_lAaoo