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COVER LETTERALAN R. RHODES PHILIP C. MCINTIRE MARK A. LEBOWITZ J. LAWRENCE PALTROWITZ MALCOLM B. O’HARA PATRICIA E. WATKINS MARK E. CERASANO BRUCE O. LIPINSKI PAULA NADEAU BERUBE JONATHAN C. LAPPER JAMES R. BURKETT STEFANIE DILALLO BITTER KARLA WILLIAMS BUETTNER JOHN D. WRIGHT BARTLETT, PONTIFF, STEWART & RHODES, P.C. ATTORNEYS AT LAW P.O. BOX 2168 ONE WASHINGTON STREET GLENS FALLS, NEW YORK 12801-2168 TELEPHONE (518) 792-2117 FAX (518) 792-3309 EMAIL info@bpsrlaw.com WEBSITE www.bpsrlaw.com SERVICE BY FACSIMILE NOT ACCEPTED GREGORY J. TERESI VICTORIA M. CRAFT ALEXANDRA C. DAVIS BENJAMIN R. PRATT, JR. OF COUNSEL ROBERT S. MCMILLEN RETIRED RICHARD J. BARTLETT 1926-2015 PAUL E. PONTIFF 1930-2021 ROBERT S. STEWART 1932-2001 BERTRAM J. DUBE 1916-1999 May 16, 2022 Mike McCabe, Chairman Stephen Traver, Chairman Zoning Board of Appeals Planning Board Town of Queensbury Town of Queensbury 742 Bay Rd. 742 Bay Road Queensbury, NY 12804 Queensbury, NY 12804 Re. Orban Meghan & Stephen 21-25 Duncan Cove Road, Queensbury, NY 12084 Site Plan and Area Variance Dear Chairman McCabe and Traver: Please be advised that the Orbans purchased the above mentioned property in January. Currently on the property are two residences and a free standing garage. The Orbans are seeking to demolish these structures and construct a home which will be 2 stories in height and 4,267 square feet in size. The home itself will meet all required setbacks. The Orbans will also be placing a compliant septic system on the property with the redevelopment of the parcels and maintaining their water supply from the Lake. The proposed redevelopment will bring this property more into conformity than it currently exists. However, the suggested modifications do require two variances. One is the proposed setback for the stormwater systems are within the 100 foot setback to the Lake. In addition, the Orbans are proposing a hot tub within their patio area adjacent to their home. Due to this being defined as a pool, and this lot having multiple front yards, it will require relief from 179-5-020. It is our position that when the Zoning Board reviews the balancing test relative to this application they will determine that the benefit to the applicant outweighs any detriment that could be deemed to be created by this request. No undesirable change will be produced in the character of the neighborhood by the redevelopment plan proposed. This proposal will actually be an improvement to the overall condition of the property. This benefit can only be achieved with the variances sought. Existing site restrictions such as relatively small size of site, groundwater conditions and required separations to septic systems result in limited locations available for stormwater infiltration devices. The qualification of the hot tub as a pool, makes placing it by the shoreline not feasible without a variance, since the shoreline is viewed as the front yard. The variances sought should not be deemed as substantial, since they both are due to characteristics that exist with the parcel. In addition, in Page Two May 16, 2022 viewing the project as a whole, the granting of these variance should not be deemed substantial with the large number of improvements that are included in this redevelopment plan. The variances sought will not have an adverse effect or impact on the physical conditions and or environment since this will incorporate proper stormwater devices on the site which match the neighboring properties. As well as the fact that, placing a hot tub on the lakeside is the most logical and reasonable place for it to be. Finally the alleged difficulty should not be viewed as self-created since the proposed re-development will be bringing the property more into conformity than it currently exists. Please find the Variance Application as well as Site Plan Application contained within this packet together with the required plans and Application fees. Please place this on your June agenda. If you need anything further please contact me. Sincerely, Bartlett, Pontiff, Stewart & Rhodes, P.C. Stefanie DiLallo Bitter Direct Line: (518) 832-6419 Direct E-mail: sdb@bpsrlaw.com SDB