Area-Variance - Rudolph 2019 04 10 Final REV2Q,ueen~bury
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Home of Natural Beauty ... A Good Place to live
TOWN OF QUEENSBURY 742 BAY ROAD QUEENSBURY, NEW YORK 12804 518.761.8201 WWW.QUEE NS BURY.NET
April 4 , 2019
Reece Rudolph
135 Main Street
South Glens Falls, NY 12803
Re: Second story addition
24 Nacy Road
Tax Map Parcel : 289.6-1-34
Dear Mr . Rudolph :
I am writing you with regards to my review of the above-referenced matter and to document the
conversations between your agent; David Hutchinson and Laura Moore of my office.
Upon my review I find that your proposal will require an Area Variance and Site Plan Review prior to the
issuance of building permit for the project. Specifically, an Area Variance is needed as the proposal calls
for construction will not meet the property line setback requirements for the Waterfront Residential; (WR)
district. Site Plan Review is needed as the existing home is located within a Critical Environmental Area;
(CEA) and any expansion of a non-conforming structure within a CEA requires this review.
I understand that you and/or your agents are preparing the necessary application materials. Please note
our established submittal dates when preparing your application materials.
Should you have any questions or comments regarding your application, please do not hesitate to contact
this office .
Sincerely, c»
Craig Brown
Zoning Administrator
CB/sh
Cc: David Hutchinson
L:\Craig Brown\2019 Letters\Denial Rudolph 4_4_19.doc
Celebrating Our Sestercentennial
1762-2012
Area Variance [ZBA approved: September 21 2016]
General Information
Tax Parcel ID Number: ____________________
Zoning District: ____________________
Detailed Description of Project [include current & proposed use]:
Current Use: _________________________________________________________________
Proposed Use: ____________________________________________________________
Location of Project: _______________________________________________________________
Applicant Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-Mail: FAX No.
Agent’s Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Owner’s Name Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Page 1
Area Variance [ZBA approved: September 21 2016]
Site Development Data
Area / Type Existing sq. ft. Proposed
Addition sq. ft.
Total sq. ft.
A. Building footprint
B. Detached Garage
C. Accessory Structure(s)
D. Paved, gravel or other hard surfaced area
E. Porches / Decks
F. Other
G. Total Non-Permeable [Add A-F]
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]
Rear Yard [1]
Rear Yard [2]
Travel Corridor
Height [maximum]
Permeability
Number of parking spaces
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? _______________
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 / __ No
4. Estimated project duration: Start Date: __________ End Date: __________
5. Estimated total cost of project: _______________
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
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
Intensive
CM / 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 ___________________________ sq. ft.
Existing Floor Area ___________________________ sq. ft. [see above definition]
Proposed Additional Floor Area ___________________________ 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: ________________________________
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 ______________________
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
5. Whether the alleged difficulty was 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 #
1 Title, Name, Address of applicant & person responsible for preparation of drawing
2 Deed
3 North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ]
4 Boundaries of the property plotted to scale, zoning boundary
5 Principal structures, accessory structures with exterior dimensions
6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing &
proposed
7 Setbacks for all structures and improvements: existing & proposed
8 Elevations and floor plans of all proposed and affected structures
B. Water & Sewer Shown on Sheet #
1 Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
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 #
1 Number of spaces required for project including calculations and justification: existing &
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 #
1 On-site & adjacent watercourses, streams, rivers, lake and wetlands
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 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 agree to the above.
______________________________ _____________________________ _______________
Signature [Applicant] Print Name [Applicant] Date signed
______________________________ _____________________________ _______________
Signature [Agent] Print Name [Agent] Date signed
Page 7
900 Route 146 Clifton Park, NY 12065
(P) 518.371.7621 (F) 518.371.9540 edpllp.com
June 12, 2019
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
Attn: Craig Brown
Re: Rudolph – 24 Nacy Road
Tax Parcel 289.6-1-34
Dear Craig:
I was requested by Reece Rudolph, owner of an existing single-family residence located at 24 Nacy
Road, to provide documentation the Town requires related to his on-going Site Plan Review
application. As this property is within a WR zoning district and the project involves a building
permit, certain information is required in accordance with Section 175-5-110 of the Queensbury
Regulations.
File research for this property finds that a Septic Disposal System permit (91-653) was issued by the
Town Building Department in September of 1991 to a former Owner, James Hearns. As the location
of the proposed system did not meet required setbacks to neighboring wells sanitary sewage
disposal variances were issued by the Town of Queensbury Board of Health on September 9, 1991.
By the granting of the variances the Building Department was enabled to issue the permit for a
permissible wastewater system. File records indicate the constructed system was inspected and
approved as designed on September 13, 1991. Copies of the referenced BOH Variances, the Septic
Disposal Permit, the Septic Disposal System Inspection report and a Town issued Certificate of
Compliance are included as part of this compliance summary.
I completed further research by reviewing site conditions and discussing the operation of the
system with the Owner. The system reportedly consists of a 1000 gallon concrete septic tank
followed by a 8’ diameter, 10’ deep concrete drywell structure. Mr. Rudolph has owned the property
since October of 2018 and reports that he hasn’t experienced any operational problems with the
wastewater system. My observation of the system location and the adjacent area did not yield any
indication of operational problems. The septic tank is located within the gravel surfaced driveway
area but does not have a riser and cover at grade. No observation of the septic tank was made. I
have suggested to the Owner that a riser and cover be installed on the septic tank to provide access
at or near grade for ease of maintenance.
The proposed improvements to the residence do not include any increase to the bedroom count.
The home will remain a two-bedroom residence and thus the design flowrate of the 1991 approved
2 900 Route 146 Clifton Park, NY 12065
(P) 518.371.7621 (F) 518.371.9540 edpllp.com
Craig Brown
June 12, 2019
Page 2
design will be capable of handling current two-bedroom household flows. Based on the Town’s
original certification of the existing system, the observed site conditions and the proposed
continued existence as a two-bedroom residence it is my opinion that the wastewater system
remains compliant with the original conditions of approval and is a functional system suitable for
continued operation.
I submit this compliance summary in support of the Owner’s application to the Planning/Zoning
Boards. Should you need further information please contact me before the scheduled meetings.
Sincerely,
Dennis MacElroy, PE
Attachments
cc: Reece Rudolph
CERTIFICATE OF COMPLIANCE
TOWN OF QUEENSBURY
WARREN COUNTY, NEW YORK
Date ,l/r f2f,0, /2 ,/,19 t/
This is to certify that work requested to be done as shown by Permit No. 91-653
has been completed.
This structure may be occupied as a Septic Al tar/Man
Location RD#1 Box 1657. Macy Rd„ Lake George_ NY 12R4S
Owner James & Noma Hearns
By Order Town Board
TOWN OF QUEENSBURY
3;1"
Director of Bldg. ac Code Enforcement
BUILDING PERMIT
TOWN OF QUEENSBURY No. 91-653 0
WARREN COUNTY, NEW YORK
PERMISSION is hereby granted to James & Norma Hearns
OWNER of property located at Racy Rd Street, Road or Ave.
in the Town of Queensbury,To Construct or place a Septic Alteration
at the above location in accordance to application together with plot plans and other information hereto filed and
approved and in compliance with the Town of Queensbury Building and Zoning Ordinance.
1. OWNER'S Address is
Same fD
N
2. CONTRACTOR or BUILDER'S Name Cr
Sanitary Sewer
3. CONTRACTOR or BUILDER'S Address
0
4. ARCHITECT'S Name
5. ARCHITECT'S Address
td)
fD
0
c'F
6. TYPE of Construction—(Please indicate by X)
a w
Wood Frame ( ) Masonry ( )Steel ( ) e+
t'D
a
7. PLANS and Specifications
Septic Alteration to include:
No. 1000 Gal. Tank with 1 seepage pit, 10' x 8' using #3 Stone
2' Thickness as per plot plan specifications and application
8. Proposed Use
Septic Alteration
25.00 PERMIT FEE PAID —THIS PERMIT EXPIRES September 16, 19 93
If a longer period is required an application for an extension must be made to the Building and Zoning inspector of the
town of Queensbury before the expiration date.)
Dated at the Town of Queensbury this 16th D. )of Se'tember 19 91
SIGNED BY for the Town of Queensbury
Building and Zoning I =.-ctor
Aggh
4,747 TOWN OF QUEENSBURY
APPLICATION FOR SEPTIC DISPOSAL PERMIT Permit # ii --CD S 3
Fee Paid
Date: Reviewedae1 rf/
LOCATION OF PROPERTY FOR INSTALLATION:
Owner's Name: J,`Iir) S -4- A/OR/1M itli RR.A/S
Owner' s Mailing Address: R,,Z). gox /45'7 / /i//9& ' AK C` RG' /11,/.J gi 3
Installer' s Name: AN b.REAL®..3 Phone #:
Number of bedrooms (if residential ): 02
Total daily flow (residential-compute @ 150 gal . per bedroom):
Topography-Circle One: Flat Rolling Steep Slope % of S,l opk“ OF (=- --0,e<
RECEIVED
Soil Nature-Circle One: Sand Loam Clay Other Depth:
Ground Water-At What Depth? Feet SEP 12 1991
Bedrock or Impervious Material-At What Depth? Fe' & CCADE DEFT.
Percolation Test-Circle One: Not Required Required/Rate Min. Per Inch
Domestic Water Supply-Circle One: Municipal Well Other
If domestic water supply is a well -
Separation: Water supply from any septic absorption feet
PROPOSED SYSTEM: Septic Tank AVE) gal . (Minimum size: 1,000 gal . )
Tile Field: Each Trench feet//Total System Length feet
Seepage Pit(s): Number .of Size each: /0 ft. x ft.
Size of Stone to be used: # 3 / Depth or Thickness feet
HOLDING TANK SYSTEM IF REQUIRED
No. of Tanks Size of Each Gal .
Alarm system and associated electrical work to be inspected by a certified
agency.
I have read the regulation on the reverse side of this sheet and agree to abide
by these and all requirements of the Town of Queensbury Sanitary Sewage Disposal
Ordinance.
SIGNATURE OF RESPONSIBLE PERSON: '71b4,rna.- , / DATE: 9// /11
f
Septic System Inspections:
A. All applications for septic system installation, alteration or repair,
as required by the Town of Queensbury Sanitary Sewage Ordinance, shall
be, submitted to the Building Department at. least 24 . hours before start
of construction and shall include a plot plan showing:
1) the proposed location of the system
2) location and distance to lot lines
3) location and distance to structures
4) location and distance to any water supply
5) size and dimensions of all tanks, distribution boxes, tile fields
and/or drywells
B. No system shall be covered before inspection and approval by the Building
Inspector. Failure to comply with this requirement may result in the
uncovering of the system by the installer and a fine of up to $250.00.
C. An approved copy of the plot plan shall be available on the construction
site. Failure to produce said plot plan at time of inspection may result
in an immediate work stoppage.
D. Should unforeseen problems during construction prevent proper installation,
alteration or repair of an approved system, a new proposal must be submitted
to the Queensbury Building Department before further construction.
Town of Queensbury
Building & Code Enforcement
Department
531 Bay Road
Queensbury NY 12804
Remarks:
CRUSHED
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LEACHING PIT DETAILS
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APPROX.LOCATION C
LANDS OF
DICKINSON
NOW:
POSES SEPTIC SYSTEM
IN AREA OF EXISTING SYSTEM.
own Of Queensbur,
BUILDING and ZONING DEPARTMENT
Bay and Haviland Road;R.D. 1 Box 98
Queensbury, New York 12801
SEPTIC DISPOSAL SYSTEM INSPECTION
NAME fcli/•t1
LOCATION C4, fe,
DATE 9%J/9/ PERMIT NO. gif`‘'
SOIL TYPE Clay -
Percolation est Required? YES (NO
Percolation rate - Min/Inch
TYPE of SYSTEM:
Absorption field, total le ter
Length of each t nee 1--
Depth of tr-nc•h es "f /d
Size o "gravel
SEEPAGE PITS{Nuinber of)
Size- `ft. X\lO ft. ,cygft41/4.:I- S.0 Wit:!-
Gravel size
PIPING: Size Type
Bldg. to tank 56:A tio
Tank to dist. box j L q9
Dist. box to fic .d/p'
openings sealed? E s NO Partial
LOCATION/SEPARATIONS;
Foundation to tank fi ft.
Foundation to absorption \:,7c ft.4--
Absorption to•lot line 0 ft.
Separation 'of pits ft.
TON OF SYSTEM ON PROPS TY(circle one)
Front ' Rear - Left side - Right side -
C ENTS:
SYSTEM USE APPROVED YES NO
Bui ding I spe tor
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