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❑ warren County Planning
❑ Adirondack Park Agency
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w 1. Applicant's Name: John L . Polk , Jr .
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* Street Address: 12 Carrie Court N
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M City, State, Zip: Schenectady , NY 12309 M
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» Telephone No. 518/377-0481 M
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* Z. Agent's Name: Bartlett , Pontiff , Stewart & Rhodes , P . C . M
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* Street Address: One Washington Street M
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City, State, Zip:
Glens Falls NY 12801 M
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w Telephone No. 518/7 9 2-2117 %
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M 3. Owner's Name: Same as applicant
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w Street Address: »
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k 4. Location of property: East side of Assembly Point w
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w 5. Description of how to find the property: Property lies just east of M
Assembly Point Road , on the east side on Canal Bay and
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w Harris Bay . M
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ry * 6. Tax Map Number: 8 Section 6 , Block 3 , Lot 1
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M 7. Zone Classification: WR-1A Lot Size: 2 .14 sq. ft./acres
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w 8. Section(s) of the Zoning Ordinance from which you are seeking this Variance: M
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% Sec . 179-16 ( c) , Sec . 179-60 (B) (1) (c) :ee 1 l9'70� t�:h »
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9. Present use(s) of property (explain in detail): Property has 3 cabins . Two M
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M of the 3 cabins are used as a seasonal tourist accommodation M
Mand are rented out for approximately 2 months each summer . i
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10. Proposed use of property (describe the proposed change that you are making to
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the present use): Applicant desires that the lot be subdivided into three smaller lots. w
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Lots will be used for seasonal, owner or tourist accommodation. Owner will retain one lot. i
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N 11. Is the property in question within 500 feet of a County or State Right of Way, %
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i Park, Municipal Boundary, or Watershed draining any County or State facilities, N
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* requiring review by the Warren County Planning Board? YES, [3 NO
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"HOME OF NATURAL BEAUTY A GOOD PLACE TO LIVE"
SETTLED 1763
12. List the names and location of the parcel (include tax map number and zone)
of adjoining property owners.
NORTHERLY SOUTHERLY
Tax Map # 7-1-16 . 7 Tax Map # 6-2-1; 6-2-2; 6-3-2
Zone WR-1A Zone: WR-1A
Name: Paul Knox , III Name: West to East
Jeans e Austin
Philip & Sylvia Hosegood
Bm,ryn & Arne madison
EASTERLY WESTERLY NEW
Tax Map # Harris Bay Tax Map # Assembly Point Road
Zone: Zone:
Name: Name:
An AREA VARIANCE is a request for modification of the dimensional
standards contained in the Zoning Ordinance, such as yard requirements, setback
lines, lot coverage, frontage requirements or density regulations, in order that
the property may be utilized for one of the uses permitted by the Zoning Ordinance.
The applicant must demonstrate that strict application of the regulations would
cause practical difficulty. In making a determination of practical difficulty, the
Zoning Board of Appeals may consider:
A. How substantial the variation is in relation to the requirement.
B. The potential effect of increased density on public facilities and services.
/^\ C. Whether the variance will cause a substantial change in the character of
E to 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 applicants job to prove that a structure
which conforms to the Ordinance cannot be placed on the site. Alternative plans may
have to be provided.
Please answer the following questions. Attach additional sheets if 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 properties 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
dif ficulty?
Yes .
Area Variance
18. Other comments: See attached statement .
MESSAGE TO THE APPLICANT/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 application shall
include a variance site plan with narrative and supporting reports, if applicable.
All maps must be folded to an Ki by 14 inch or smaller format. All components
of the submittal must contain all information required under the applicable Town
law 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 have read and understand the above message:
(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 I.,
B. north arrow and scale
C. location and dimensions of existing
and proposed buildings, showing setback r I i
distances and uses 3 5
D. parking layout to scale
E. physical features (streets, steep slopes,
lakes, wetlands, etcl) y ., ,, N
F. location of water and sewer systems, if applicable
G. easements and public roads
H. adjacent ownership
20. A location map showing the site within the Town.
IN THE SPACE PROVIDED BELOW, draw an overview (site location) of where your
property is located in the Town of Queensbury.
Show north arrow, street corners (name them) and identify your property. Note:
this particular map does not have to be drawn to scale.
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• Queensbury Zoning Board of Appeals
Checklist
Draw to scale (preferably 1 inch equals 40 feet or lest) a detailed description
of the proposed site.
See M rp A. Title of drawing, including name and address of applicant and person responsible
for preparation of such drawing.
B. North arrow, scale, and date.
�i C. Boundaries of the property with dimensions in feet, including zoning boundary
delineations.
I ( D. Existing watercourses, wetlands, and other waterbodies.
tt E. Location of all existing principle and accessory structures and their uses with
exterior dimensions and lot line and waterfront setbacks.
N(01 F. Location of all proposed principle and accessory uses and structures with exterior
dimensions and setbacks.
See Mae G. Location of any existing or proposed easements, driveways, outdoor storage
and refuse containment areas, including setbacks.
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.
It I. Location and description of existing public or private water supply.
(I J. Description of the method of securing public or private water and location.
of/Pr K. Location and design of all existing and proposed parking and loading areas,
showing driveways, ingress, egress, handicapped parking and curbing.
f�(10� 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.
.5 QP M. Location, design, and construction materials of all existing or proposed site
improvements; including drains, culverts, retaining walls, and fences.
(v(A N. Location, setbacks, and size of all existing and proposed signs; including design
and construction details of proposed signs.
N O. Location and proposed development of all buffer areas, including existing
vegetative cover and screening of storage or refuse areas.
N 11A P. Location and design of all existing and proposed outdoor lighting facilities.
Ntv�' Q. Identification of the location and amount of building area proposed for retail
sales or similar commercial activity.
tJ (V4 R. If applicable, the applicant is required to submit a Material Safety Data Sheet
(MSDA) 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.
NI� S. General landscaping plan.
T. Other elements integral to the proposed development as considered necessary
by the Zoning Board of Appeals.
N I U. The applicant has to accurately identify all setbacks between buildings and the
property boundaries. All areas where variances are requested must be clearly
identified and accurately measured.
current setback proposed setback
(feet) (feet)
Esidefyard
rear yard
shoreline
Structure sq. ft. (current size)
Structure 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.
Applicant/Agent,please initial. — •�
TOWN OF QUEENSBURY
AIITHORIZATION TO ACT A AGENT FOR
1, John L . Polk , J r . (96114*4 owner) of premises located at Fact ajde Accaniily Pt.
Tax Map Number 6-3-1 hereby designate Bartlett, Pantiff, Stevrart & Rhodes, PC
as my agent regarding an application for (&ubdiVdXi)0nx&Ata:P WX Rjexye:y xVariance) of the
above premises.
Deed Reference Book Page Date
Does the above parcel represent owner's entire contiguous holdings? Please attach
explanation.
Signed: -- !� / Date:
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PLEASE READ AND SIGN
"The parties hereto consent that the proceedings which result from the within
application may be tape-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."
Applicant's Signature
Date:
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. It 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 1900 's. The applicant intends to subdivide the premises into
three lots and retain for his own use and enjoyment the easternmost
lot or lot 3 as proposed and sell the remaining two lots or lots 1 and
2 . Lots 1 and 2 will each contain one of the two existing cottages.
The applicant does not propose to construct, enlarge or modify any of
the existing structures.
The property is located in a WR-lA zone and the zoning ordinance
calls for 150 ft. of shoreline for each lot. As proposed, the
westernmost lot or lot 1 would contain 0.43 acres and have 110 ft. of
shoreline. The center lot or lot 2 would contain 0. 42 acres and have
153 ft. of shoreline. The easternmost lot or lot 3 would contain 1. 29
acres and have approximately 693 ft. of shoreline.
Due to the shape and size of the property the applicant cannot
subdivide the property in any other configuration. As is evident from
the map the property is very shallow. If lot 1 were to have any
additional shoreline, the setback requirements of the cottage on lot 2
could not be met and, in any event, the 150 ft. requirement could not
be satisfied. Thus, the maximum amount of shoreline available for lot
1 is 110 ft. Likewise, due to the location of the cottage on lot 2,
the minimum lot size requirement cannot be met for lot 1. As proposed,
lot 2 meets the shoreline frontage requirements. However, due to the
natural topography of the property and the location of the existing
easement and driveway, the minimum lot size requirement cannot be met.
Lot 3 meets all dimensional requirements and therefore no variance is
necessary for that lot. Thus, the variances requested are the minimum
necessary in light of what is proposed.
Due to the applicant's advanced age, he cannot continue to
maintain three cottages and must sell two of the cottages so that the
existing structures do not fall into a state of disrepair. It is
respectfully submitted that due to the high cost of real estate in the
vicinity the lots can only be subdivided and ultimately sold as
proposed.
The variance would not be materially detrimental to any of the
purposes of the zoning ordinance nor would it conflict with any of the
objectives, plans or policies of the town because the granting of the
variance will not result in any new construction or development. The
structures pre-exist the ordinance and there will be no change in use
or introduction of new or expanded uses on the property. similarly,
the variance would not be detrimental to property in the district nor
would it change the character of the neighborhood because no
construction or development will occur. The only change that would
ultimately occur is a change in ownership of lots 1 and 2 . 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.
The lots will continue to contain an easement for the common
driveway and common septic system. The variance will have no effect
on public facilities and services as all necessary utilities are
present and the town maintains Assembly Point Road.
MDA: 344