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Zoning Administrator Letters_03 28 12 TOWN OF QUEENSBURY 742 Bay Road, Queensbury NY 12804-5902 518-761-8201 February 27, 2012 Hayes Construction Group, LLC 395 Big Bay Road Queensbury,NY 12804 RE: Hayes Construction Group,LLC 504 Luzerne Road BP 2009-440—Single Family Dwelling Tax Map No: 308.6-2-17 Dear Hayes Construction, LLC: I am writing to you in response to my review of the revised VanDusen and Steves survey that you submitted to this office on February 24, 2012 depicting an "area of disturbance" associated with the above-referenced building permit project. Upon review of your survey map, I find that the development of the lot and the home, as constructed, are firstly, not in compliance with the plot plan as shown on your building permit application materials and secondly, in violation of the Planning Board approved clearing limits for this lot as well as encroaching into the 100 ft. wetlands adjacent area and the "no cut area" in multiple locations, when compared to the approved subdivision map. Further, there appear to be inconsistencies with the "area of disturbance" and the mapped tree line in an area previously known to be undisturbed forest. Clarification of this item will be needed. As such, prior to the issuance of a Certificate of Occupancy for the home, you will need to appear before our Planning Board and seek an approval to modify the subdivision approval with respect to the clearing limits that were approved and for a Site Plan Review approval for land clearing/disturbance in excess of one acre as well as disturbance within 100 feet of a regulated wetland. Please note that such land disturbance, in excess of one acre of land will also require that you seek permitting from the New York State Department of Environmental Conservation (NYSDEC) under their Stormwater/SPDES/ Wetlands Regulations. "HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE" SETTLED 1763 February 27, 2012 Page 2 Hayes Construction Group, LLC 504 Luzern Road BP 2009-440—Single Family Dwelling Tax Map No: 308.6-2-17 It is my expectation that you will address this matter expeditiously in order to avoid further enforcement actions. Enclosed, herewith please find, for your reference, our Site Plan Review application. Please note our established submittal deadlines when compiling your application materials. Should you have any questions regarding the above comments, please do not hesitate to contact this office. Sincerely, To7of Queensbury Craig Brown Zoning Administrator CB/sh Cc: Bruce Frank,Code Compliance Officer Dave Hatin,Director of Building&Codes LACraig Bmw \2012 Lettem0enial Hayes 2_27_12.doc TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 February 6,2012 Hayes Construction Group,LLC 395 Big Bay Road Queensbury,NY 12804 RE: Hayes Construction Group,LLC 504 Luzerne Road BP 2009-440—Single Family Dwelling Tax Map No: 30R6-2-17 Dear Hayes Construction,LLC: I am writing to you in response to my review of the final survey that you have submitted to this office regarding the above-referenced building permit. Upon review of your survey map I find that the development of the lot and the home, as constructed, are firstly,not in compliance with the plot plan as shown on your building permit application materials and secondly, in violation of the Planning Board approved clearing limits for this lot as well as encroaching into the"no cut area" in multiple locations, when compared to the approved subdivision map. As such, prior to the issuance of a Certificate of Occupancy for the home, you will need to appear before our Planning Board and seek an approval to modify the subdivision approval with respect to the clearing limits that were approved and for a Site Plan Review approval for land clearing/disturbance in excess of one acre as well as disturbance within 100 feet of a regulated wetland. Please note that such land disturbance, in excess of one acre of land will also require that you seek permitting from the New York State Department of Environmental Conservation(NYSDEC) under their Stormwater/SPDES/Wetlands Regulations. It is my expectation that you will address this matter expeditiously in order to avoid further enforcement actions. Enclosed, herewith please find, for your reference, our Site Plan Review application. Please note our established submittal deadlines when compiling your application materials. Should you have any questions regarding the above comments, please do not hesitate to contact this office. Sincerely, To of Queensbury Craig Brown Zoning Administrator CB/sh Cc: Bruce Frank,Code Compliance Officer Dave Hatin,Director of Building&Codes L:\Craig 13 w \2012 Lettas\Denial Hayes 2_6_12.dm "HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE" SETTLED 1763