Area Variance Application Green October 28,2019
Town of Queensbury
742 Bay Road
Queensbury,N.Y.12804
Attn.Zoning Dept.
Re: Survey Waiver
To Whom It May Concern:
This is to request a Survey waiver regarding Building Permit Application AST 688-2019 and Area Variance
request for- Second Garage and only the number of garages and NOT Setback.
131 West Mountain Road
Tax Map Parcel:308.17-1-3
We are requesting the use of an existing non stamped survey which was completed on February 15,
2006 for pre and post requirements.
Sincerely, l �i
Daniel T.Green
Area.Variance[ZBA approved: September 21 2016]
General Information
Tax Parcel ID Number: 308.17-1-3
Zoning District: MDR
Detailed Description of Project[include current&proposed use]:
Current Use: Single Family House
Proposed Use: Add 240 Sq.Garage
Location of Project: 131 West Mountain Road
Applicant Name: Mailing Address
Daniel T. Green 131 West Mountain Road
Home Phone City,State,Zip
518-792-6801 Queensbury,N.Y. 12804
Work Phone Cell Phone
518-321-7795
E-Mail: FAX No.
dr,greenl@verizon.net
Agent's Name: Mailing Address
Home Phone City,State,Zip
Work Phone Cell Phone
E-mail FAX No.
Owner's Name Daniel&Carolyn Green Mailing Address 131 West Mountain Road
Green Family Trust
Home Phone City,State,Zip
518-792-6801 Queensbury,N.Y. 12804
Work Phone Cell Phone
518-321-7795
E-mail FAX No.
Idcgreenl@verizon.net
Page 1
Area Variance[ZBA approved: September 212016]
Site Development Data
Area/Type Existing sq.ft. Proposed Total sq.ft.
Additions .ft.
A. Building footprint
2208 2208
B. Detached Garage
240 240
C. Accessory Structure(s)
336 336
D. Paved,gravel or other hard surfaced area
E. Porches/Decks
518 518
F. Other
G. Total Non Permeable [Add A-F]
3062 3302
H. Parcel Area [43,560 sq.ft./acre]
89733.6 89733.6 89733.6
I. Percentage of Impermeable Area of Site [I=G/H]
3.4% .26% 3.6%
Setback Requirements
Area Required Existing Proposed
Front Yard[1]
30 30 NC
Front Yard[2]
Shoreline
Side Yard[1]
25 Second Garage 25 N
Side Yard [2]
25 25 NC
Rear Yard[1]
30 30 NC
Rear Yard[2]
Travel Corridor
Height[maximum]
Permeability
50% 50% NC
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? No
2. If the parcel has previous approvals,list application number(s): P20050835, P20090367
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: Existing End Date:
5. Estimated total cost of project: 5500
6. Total area of land disturbance for project: 240 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/CI 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 s .ft.
Existing Floor Area s .ft. [see above definition]
Proposed Additional Floor Area s .ft.
Proposed Total Floor Area s .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: 179-5-020
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 FILot Width ®Other Second Garage
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 g�rraannting of this area variance?
We do not believe that this would change the cfiaracter of the neighborhood because the building is attractive and well built.
Vft have diligently maintained and improved Hie appearance of otij property over Hie last46 years
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?
Our personal interests are many. Gardening,pool,lawn care,orchard and recreatiorial activities require machinery including
inowers,s, ow blowei.rotomes,get ieratoi,outdoui fui nita,e,kayaks ca id ca,sues to be i eadily available 0,id safely sto,ed. E)ff
site storage luot drj not he feasible
3. Whether the requested area variance is substantial?
We do not believe it is substantial because our current garage is 576 sq.ft,and the proposed garage is 240 sq.ft totaling
less than 1100 sq.I't it Is only considered a gatage because of the dow width.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
It would not have an adverse effect on the neighborhood because only one shed is readily visible from the road. This is a rural
5. Whether the alleged difficulty was self-created?
We do not believe that this situation was self created. We have lived in this neighborhood for 46 years and everyone knew
eveiybudya,idwatcliedotitfbieaclioUiui, it,Hie past few yedis there have been significantchanges. A house across the
stceet is cumently vacant and the one next door was occupied urdil the death of nur neighbors Tbe house on the other sirle
has been vacant for over 10 years.There have been numerous instances requiring calls to the sheriff to investigate suspicious
activity. We no longer feel it is safe to leave items outside and unsecured. !t is our responsibility and
our insurance company's advice to provide for secure storage for our possessions,therefore we request
this relief_
Page 4
Area Variance[ZBAapproved: September 212016]
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 S1 &S1A
2 Deed see copy
3 North arrow,Tax Map ID,date prepared and scale[minimum: 1 inch=40 feet] S1 &S1A
4 1 Boundaries of the property plotted to scale,zoning boundary S1 &S1A
5 Princi al structures,accessory structures with exterior dimensions S1 &S1A
6 Site improvements incl. outdoor storage areas,driveways,parking areas,etc.: existing&
proposed S1 &S1A
7 Setbacks for all structures and improvements: existing&proposed S1 &S1A
8 Elevations and floor plans of all proposed and affected structures See photo
B. Water&Sewer Shown on Sheet#
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
proposed on-site water supply and septic Town Water
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. Parkin /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 andparking: 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 distributions stem[gas,electric,solar,telephone): existing& ro osed
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 ofbldg.area proposed for office,manufacturing,retail sales or other commercial
activities: existing&proposed
5 Si a e: Location,size,type,design and setback: existing&proposed
6 Waiver Request: provide letter with application requesting any waivers: please reference
specific items See Lefler
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]
Pre-Submission Conference Form/Section 179-9-040
1. Applicant Name: Daniel T. Green
2. Tax Map ID 308.17-1-3 Location: 131 West Mountain Road
3. Zoning Classification MDR
4. Reason for Review: Area Variance
5. Zoning Section#: 179-5-020
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Deed +�
General Information complete
Site Development Data Complete ✓
Setback Requirements Complete ✓
Additional Project Information Complete ✓
FAR addressed
Compliance with Zoning Ordinance
Checklist items addressed ✓
Environmental Form completed
Signature Page completed
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Staff Representative:
Applicant/Agent: Date:
Page 6
Area Variance[ZBA approved: September 212016]
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.
OWNIER'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:
APPLICANIT'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.
m -,, l��n� Daniel T. Green /0
Signature[App iclicl ant] Print Name[Applicant] Date signed
Signature[Agent] Print Name[Agent] Date signed
Page 7
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October 28,2019
Town of Queensbury
742 Bay Road
Queensbury,N.Y.12804
Attn.Zoning Dept.
Re: Survey Waiver
To Whom It May Concern:
This is to request a Survey waiver regarding Building Permit Application AST 688-2019 and Area Variance
request for- Second Garage and only the number of garages and NOT Setback.
131 West Mountain Road
Tax Map Parcel:308.17-1-3
We are requesting the use of an existing non stamped survey which was completed on February 15,
2006 for pre and post requirements.
Sincerely`,
hallo l/� - l4CO-1 �-
Daniel T.Green'
• .-rg2"zp>2 ..
Home ofNatural Beauipg..A Good Place to Live
TOWN OF QUEENSBURY 742 BAY ROAD QUEENSBURY,NEW YORK 12804 518.761.8201 WWW.QUEENSBURY.NET
October 24, 2019
Daniel Green
131 West Mountain Road
Queensbury,NY 12804
Re: . 4th Shed
131 West Mountain Road
Tax Map Parcel: 308.17-1-3
Building Permit Application AST 688-2019
Dear Mr. Green:
I am writing you concerning my review of the above-referenced project and to document
our recent conversations regarding the same.
As I understand, you have constructed a 240 sf freestanding shed on your property at 131
West Mountain Road. I have reviewed the project plans and I find that an Area Variance
is required prior to the issuance of any building permit for the structure. Specifically,the
shed would be the fourth such structure on your property while the Town Zoning Code
only allows for two such structures, as such, an Area Variance is required.
This letter serves as your denial letter for the processing of your applications. I
understand that you have been working with Laura Moore in an effort to generate these
submittals.
Should you have any questions or comments regarding your application, please do not
hesitate to contact this office.
Sincer ,
Craig Brown
Zoning Administrator
CB/kd LACraig Brown12019 Letters\Denial Green 10_24_19.doc
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