Application TOWN N OF Q UEENS B [.r r v
5 C71 vARiV No.
o Type IAction office stamp
❑ Type II Action L 0c
❑ Type Unlisted
❑ Warren County Planning
❑ Adirondack Park Agency
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« 1. Applicant's Name: John L . Polk , Jr . «
« Street Address: 12 Carrie Court «
City, State, zip-. Schenectady , NY 12309
« Telephone No. 518/377-0481 «
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Bartlett Pontiff, et al
» 2. Agent's Name: I , »
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« Street Address: One Washington Street «
City, State, zip: Glens Falls , NY 12801
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« Telephone No. 518/792-2117 «
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« 3. Owner's Name: Same as applicant
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« Street Address: «
« City, State, Zip:
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« Telephone No. «
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» 4. Location of property: East side of Assembly Point
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« 5. Description of how to find the property: P r a p a r t y liar _just east «
of Assembly Point Road , on the east side on Canal
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» Bay and Harris Bay . «
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« 6. Tax Map Number: Section 8 , Block 3 , Lot 1 w
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� 7. Zone Classification: WR-1A Lot Size: 2 . 14 X9fIXft.d(acres «
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i8. Section(s) of the Zoning Ordinance from which you are seeking this Variance:
Sections 179-70 (A) ; 179-12 (C) (5) ; 179-600) (15) (C) «
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« 9. Present use(s) of property (explain in detail): Seasonal use . Two of « .
three cottages are rented out during summer .
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w 10. Proposed use of property (describe the proposed change that you are making to «
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M the present use): No change in use . Applicant proposes «
« to subdivide into two lots and convey westerly lot
to daughters or other third party .
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i11. Is the property in question within 500 feet of a County or State Right of Way,
iPark, Municipal Boundary, or Watershed draining any County or State facilities,
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« requiring review by the Warren County Planning Board? ® YES, (3 NO »
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Area Variance
12. :st :-e names and :ocation of the?arcei 'incl,-e "as -lap number ind zone,
of adioimng property owners.
-as 'lap . 7-1-16 . 7 -_:.: . 6-2-1 ; 6-2-2 ; 6-3-2
Zone WR-1A _-r._. WR-1A
Name: Paul Knox , III :;are: West to East
,Jeannie Austin
Philip & Sylvia Hosegood
E.a STER L" ..-_"'ER L'i
Berwp & Arne Madison
Tax 'Map , Harris Bay -a. Map , Assembly Point Road
Zone: Zore:
:lame: :am e:
An AREA VARIANCE is a request for modification of :he aimensional
standards contained in the Zoning Ordinance, such as yard requirements, setback
lines, lot _overage, frontage requirements or denscv regulations, :r. order that
:.^.e^rcpsry mar Se utilized for one of :he uses sited iv -ne _oar..-p :-nLnance.
`he applicant must demonstrate that strict aoLi:e.^.::en it he requa::ovs .ou.a
cause oracveal aifficulty, in makmg a aeterm:r.a::on of prxty^al . :tie
Zoning Entire of Aopeats may consider:
A. How substantial the variation is in relation to the requnrement.
B. 'lie potential effect of increased density on public facilities and services.
C. Whether the variance will cause a substantial change :n the character of
the neighborhood.
D. Whether the difficulty can be feasibly mitigated by some other method.
The Zoning Board of Appeals may grant the minimum relief necessary to allow
reasonable use of the land in question. It is the apniiaants yob to prove that a structure
whli.h .onforms to the Ordinance cannot be placed an the site. .alternative oians may
have to be orovided.
Please answer the following questions. Attach additional sheets it necessary.
13. Describe the practical difficulty which does not allow placement of a structure
which meets the zoning requirements. See attached statement .
14. Is this the minimum variance necessary to alleviate the specific practical difficulty
or is there any other option available which would require no variance? Yes .
15. Would this variance be detrimental to the other propemies in the district or
neighborhood or conflict with the objectives of any plan or policy of the Town?
No .
16. What are the effects of the variance on public facilities and services?
None .
17. Is this request the minimum relief necessary to alleviate the specified practical
difficulty'
Yes .
Area Variance
16. Other comments: See attached statement .
MESSAGE TO THE APPLICANTi AGENT
We recommend your purchasing the ZONING ORDINANCE so that you may
be fully apprised of all Town of Queensbury regulations.
Please return the ORIGINAL APPLICATION with all pages intact. The Planning
Department requires 13 copies of your application. A complete appiication shall
include a variance site plan with narrative and supporting reports, it applicable.
Ail mans must oe 'olded to an 3'; 'cv 14 inch or smaller format. All components
of -he submittai must contain all information required under the applicable Town
!aw or regulation.
A complete application is necessary for placement of the Queensbury Zoning
Board of Appeals agenda. The necessary information that you will need for a complete
variance site plan will follow after this message.
Applications must be received by 2 p.m. on the deadline date. The deadline
dates for submission are listed on the Deadline Submission Sheet available in the
Planning Department. However, submittals will be accepted prior to the submission
deadline date for staff review and placement on the agenda.
Other permits may be required for construction or alterations subsequent to
approval by the Zoning Board of Appeals. It is the applicant's responsibility to obtain
these permits.
I 'nave read and understand the above message:
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'signature of applicant) (signature of agent)
Please attach the following items to your application:
19. A site plan showing existing and proposed features of the property, including:
A. lot dimensions
B. north arrow and scale
C. location and dimensions of existing
and proposed buildings, showing setback distances and uses l' r 1 �• `"'=' � ,1
D. parking layout to scale
E. physical features (streets, steep slopes,
lakes, wetlands, eta) y ...,,, N
F. location of water and sewer systems, if applicable
• G. easements and public roads
11. adjacent ownership
2U. A location map showing the site .within :he Town.
IN THE SPACE PROVIDED BELOW, draw an overvie•.1 'site location) of where vour
property is located in the Town of Queensburv.
Show north arrow, street corners (name them) and idenufv cow property. Note:
this particular map does not have to he drawn to scale.
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Oueensbury Zoning Board of Appeals.
Checklist
Draw to scale (preferably 1 inch equals 40 feet or less a detailed description
of the proposed site.
See map A. Title of drawing, including name and address of applicant and person responsible
for preparation of such drawing.
See map B. North arrow, scale, and date.
See map C. Boundaries of the property with dimensions in feet, including zoning boundary
delineations.
See m a p D. Existing watercourses, wetlands, and other waterbodies.
See map E. Location of all existing principle and accessory structures and their uses with
exterior dimensions and lot line and waterfront setbacks.
N/ A _ . Location of all proposed principle and accessory uses and structures with :xteror
dimensions and setbacks.
See map G. Location of any existing or proposed easements, driveways, outdoor storage
and refuse containment areas, including setbacks.
See map H. Location of existing and proposed sewage disposal facilities, including lot line,
waterfront and well setbacks. Also, location of existing sewage and water
systems on adjoining lots.
See map I. Location and description of existing public or private water supply.
See map J. Description of the method of securing public or private water and location.
N/A K. Location and design of all existing and proposed parking and loading areas,
showing driveways, ingress, egress, handicapped parking and curbing.
N/A L. Total number of existing parking spaces, including the number of those to
remain or to be removed, those to be paved, those to be gravelled, and total
number of proposed new paved spaces and proposed gravelled spaces, including
basis for determining parking adequacy.
See map M. Location, design, and construction materials of all existing or proposed site
improvements; including drains, culverts,retaining walls, and fences.
N/ A N. Location, setbacks, and size of all existing and proposed signs; including design
and construction details of proposed signs.
N/A O. Location and proposed development of all buffer areas, including existing
vegetative cover and screening of storage or refuse areas.
N/ A P. Location and design of all existing and proposed outdoor lighting facilities.
N/A Q. Identification of the location and amount of building area proposed for retail
sales or similar commercial activity.
N/A R. If applicable, the applicant is required to submit a Material Safety Data Sheet
(NISDA) as required by the Environmental Protection Agency. The list must
include the chemicals and hazardous materials to be stored and used on site
and the quantities of such. The plan presented to the Board must show any
storage and containment areas.
N/A S. Cenerai landscaping plan.
N/A T. Other elements integral to the proposed development as considered necessary,
bz the Zoning Board of Appeals.
U. The applicant has to accurately identify all setbacks between buildings and the
property boundaries. All areas where variances are requested must be dearly
identified and accurately measured.
current setback proposed setback
(feet) (feet)
side yard 20 ft .
front yard N/A N/A
rear Fard 45-48 45-48
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shoreline 45 +/- I 45 +/ -
(sma =at`,.age) ;Ixre zot.:.sce)
Structure �C+/.— 15M+/— so. :t. ;current size)
Structure n o c h a n g e sq. ft. (proposed size)
Applicants should be advised that they are to address all of the items on the checklist.
If the required information is not on the submission, the application will be removed from
the agenda. I
Applicant/Agent, please initial: �/ '
TOWN OF QUEENSBURY
AUTHORIZATION
"TO ACT AS AGENT FOR"
I. Jahn L . Polk.... . aka/owner of premises located at eaAI...S.d� AX.. .........
x
Assembly Point
6-3-1 Bartlett , Pontiff , Stewart 3
Tax Map Number hereby designate ........................................................
Rhodes , P . C .
as my agent regarding an application for:
Variance
................................................................................................................................................
(Subdivision) (Site Plan Review) (Variance)
of the above Premises.
Deed Reference Book .AU.... Page ..79A... Date ...gJ.1..BI.....
Does the above parcel represent owner's entire contiguous holdings? Please attach explanation.
Yes .
Signed .. ...x/ - A-:..........
1-20-93
Date ..........................................
TOWN OFQUEENSBURY
"The parties hereto consent that the proceedings which result from the within
application may be taped recorded and transcribed by the Town Clerk or his agent and
that such minutes as may be transcribed shall constitute the official record of all
proceedings regarding this application, unless the same may vary from the handwritten
minutes taken by the Town Clerk or the Secretary of the Planning Board or Zoning Board
of Appeals, in which event the handwritten minutes as to such inconsistencies shall be
deemed the official record."
DATE: January 20 19 93
Vr—
AIL
(AVp}irz=t%-Signature) � G
BAY AT HAVILAND ROAD
OUEENSBURY, NEW YORK, 12801
FOR OFFICE USE ONLY: TELEPHONE: (518) 792-5832
Application Number:
Applicants Name:
SETTLED 1763 . . . HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE
STATEMENT
As shown in the annexed plan, the applicant' s property is located
on the east side of Assembly Point and more particularly on Canal Bay
and Harris Bay. The 2. 14 acre parcel contains three existing cottages
and a total of four docks. The property is presently assessed at
$527, 000. The property has been owned by the applicant' s family since
the turn of the century. The small cottages have been in existence
for approximately thirty-five years and the large cottage was built in
the early 19001s. The applicant intends to subdivide the premises
into two conforming lots; convey the western lot to his daughters or
other third party and retain for his own use and enjoyment the eastern
lot. The western lot will contain the two existing cottages. The
applicant does not propose to construct, enlarge or modify any of the
existing structures or build any new structures. A prior application
to create 3 lots was denied by the Zoning Board of Appeals. The Board
at that time indicated a two lot subdivision would be acceptable.
The increased tax burden on the entire premises is very difficult
for the applicant to meet since he is retired and living upon a fixed
income. The rentals derived from the two smaller cottages constitute
a totally inadequate return on the rate of that portion of the
premises and do not cover the cost of the maintenance of that portion
of the property or the real property taxes. If the variance is
granted, the applicant can convey the property to his daughters, so
that they can enjoy their inheritance during the applicant' s lifetime
and the applicant can be relieved of the enormous financial burden of
the property. Alternatively, if the applicant's daughters do not want
the property, the applicant could convey the property to a third party
and again be relieved of the enormous tax burden and continued
maintenance of the property.
There will be no change in use or introduction of new or expanded
uses on the property. The variance will not create a change in the
character of the neighborhood or a detriment to nearby properties
because no construction or development will occur. The only change
that would ultimately occur is a change in ownership of the smaller
lot. A transfer of ownership is not detrimental to the neighborhood
or character of the community and it is not in contravention to any
policies or objectives of the town.
Section §179-70 (A) of the Town Code which requires 40 feet of
frontage upon a public street for each principal building. A variance
is necessary from this provision. As detailed in the map, an easement
extends across the property and provides adequate ingress and egress
to the eastern lot as proposed which contains the large cottage. The
drive has existed for many years and will continue to be used. This
arrangement is very common with lakefront lots and subdivisions in the
Lake George region.
A variance from Section 179-12 (C) (5) may also be needed. That
section provides that there shall be no more than one (1) principal
building in a residential zone on any single lot less than two (2)
acres in size. As mentioned above, the western lot will contain two
(2) small pre-existing cottages. In the event that the future
owner(s) of the property desire to expand these cottages, the
expansion would no doubt be the subject of an application before the
Zoning Board of Appeals. Thus, the variance is consistent with the
neighborhood and is not substantial. Section 179-60 (B) (15) (C) of the
ordinance provides that all principal buildings in a waterfront zone
must be set back 75 ft. from the shoreline. Since these structures
pre-exist the ordinance it may be that a variance from that provision
is no necessary. However, in the event that the Board determines that
a variance is necessary, it is respectfully submitted that the
variance is not detrimental to the character of the neighborhood and
is not substantial in scope. In essence, it is the applicant' s
position that no non-conformities are being created as a result of
this application.
The variances will not have an adverEre effect or impact on the
physical or environmental conditions in the neighborhood because no
construction or development is proposed. The applicant is only
seeking to divide the parcel into two conforming lots which are fully
compatible with the lots in the neighborhood. No additional camps,
driveways, septic systems, etc. are requested and the property will
remain after the subdivision exactly as it has existed for decades.
In summary, the benefits to the applicant if the variance is
granted far outweigh any perceived detriment to the Town.
MDA: 503