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ApplicationENVIRONMENTAL DESIGN eco PARTNERSHIP, LLP. 900 Route 146 Clifton Park, NY 12065 (P) 518,371.7621 (F) 518.371.9540 edplip.com June 15, 2022 Ms. Laura Moore Land Use Planner Town of Queensbury 742 Bay Road Queensbury, NY 12804 Regarding: West Residence Main House 108 Bay Parkway Area Variance Application Dear Laura: Enclosed herewith are the following items related to a proposed Residential Building located at 108 Bay Parkway: 1.) Two (2) Copies of Site Plans (Full Size) 2.) Thirteen (13) Copies of Site Plans (11x17) 3.) Fifteen (15) Copies of Architectural Renderings/Floor Plans (11x17) 4.) Fifteen (15) Copies of Boundary Survey 5.) Fifteen (15) copies of the Area Variance Application 6.) Fifteen (15) copies of the Area Variance Narrative Letter i.) Fifteen (15) Copies of Property Deed 8.) Fifteen (15) Copies of Site Photos 9.) One Application Fee Check in the amount of $50,00 On behalf of Brett and Pamela West, we respectfully request that you place this application on the July 2022 Zoning Board of Appeals agenda for an Area Variance Request. If additional information is required, please contact our office at your convenience and we await your response regarding the agenda schedule. Thank you. Very truly yours, r: Gavin Vuillaume, RLA Partner Area Variance [ZnA approved: September 212016] General Information 226.15-1-17 Tax Parcel ID Number: WR Waterfront Residential Zoning District: Detailed Description of Project [include current & proposed usej: Current Use: One 2 story seasonal house with detached garage. Proposed Use: One 2 story residential home with attached garage, oorte cochere, walkway, new driveway and patios. Site work includes or000sed holding tanks, stormwater manaaement and shoreline olantina. Location of Project: _106 Bay Parkway Applicant Name: Brett and Pamela West Mailing Address 4651 Gulf Shore Blvd N, Unit 104 Horne Phone 203-948-5847 City, State, Zip Naples FL 34103 Work Phone Cell Phone E-Mail: brett@westfamilymail.com FAX No. Agent's Name: Environmental Design Partnership Mailing Address 900 Rte 146 Home Phone Gavin Vuillaume City, State, Zip Clifton Park NY 12065 Work Phone 518-371-7793 Cell Phone E-mail gvuillaume@depllp.com FAX No. 518-371-6540 Owner's Name Same as Applicant Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Page 1 A]'ea Variance [Z13A approved: September 21 20161 Site Development Data Area / Type Existing sq. ft. Proposed Total sq. ft. Additions . ft. A. Building footprint 2,450 (removed) 5,436+/- 53436+/- B. Detached Garage 800 (removed) 0 0 C. Accessory Structure(s) 400 (removed) 0 0 D. Paved, gravel or other hard surfaced area 3,700 (removed) 29000 21000 E. Porches / Decks / Patios 630 (removed) 900 900 F. Other Covered Walkway 0 400 400 G. Total Non -Permeable [Add A-F] 7,980 (removed) 8,736 81736 H. Parcel Area [43,560 sq. ft. / acre] 39,487 sf/.91 ac. 0.0 39,487 sf/.91 ac. 1. Percentage of Impermeable Area of Site []=G/H] 20.2%(removed) 22.1% 22.1% Setback Requirements Area Required Existing Proposed Front Yard [ 1 ] 30' 53.6' 36.0' Front Yard [2] N/A N/A N/A Shoreline 50, 19.6' 46' and 35' (Lake) 10' (Wetland) Side Yard [1] 20' 26.4' 0' Side Yard [2] 20' 63.2' 20.0' Rear Yard [1] 30' N/A N/A Side Yard (walkway) 20' N/A 0' Travel Corridor N/A N/A N/A Height [maximum] 28' 22• +/_ 28.0' Permeability 75 % 79.8 % 77.9% Number of parking spaces 2 4 4 Page 2 Area Variance [ZDA approved: September 212016] Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? YES - Resolution BOH25-2021 2. If the parcel has previous approvals, list application number(s): AV47-2007 SP39-2007 dock exp SP37-2009 boat lift V21$2016 9% 016��ver�lrned Sy l�P P89-2016addition 3. Does this project require coverage under the New York State Pol utant tschar a nnm ton ystem P ) corn Program? � Yes / _ No 4. Estimated project duration: Start Date: 9/l/2022 5. Estimated total cost of project: $1.3 million 6. Total area of land disturbance for project: .54 acres End Date: 9/l/2023 Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total Uuilding 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 Intensive CM / Cl 0.3 A. The combined area of al] square footage, as measure from exterior walls of all shuctures 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 39,487 sf s . ft, Existing Floor Area 3,500 sf (removed) s . ft. see above definition Proposed Additional Floor Area 8,670 sf (see site plan) s , ft. Proposed Total Floor Area B,670 sf (see site plan) s . ft. Total Allowable Floor Area 8,687 sf Area x .22 see above table Page 3 Al'ea Valiance [ZnAapproved: September2l 2016] Compliance with Zoning Ordinance Requesting relief from SECTION: 179-7-050 and Table I Area Requirements Need relief from the requirements) listed below which can not be met by the project as proposed. [Check all that apply) [� Setback ❑Buffer Zone ❑Lot Width ❑Other Wetlands The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? NO - The project involves the redevelopment of a property which will enhance the neighborhood through updated landscaping and architecture as well as necessary stormwater management. 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? NO - The site is constrained by the slope, parcel size, extensive lake frontage and small wetland area along the easterly property Iine.Without holding tanks the site development --would more variance relief. 3. Whether• the requested area variance is substantial? NO - The project has been designed to minimize necessary variances. The building and stonnwater device setbacks to the existing wetland area are less than the setbacks to the actual lake shoreline, thereby providing more protection to open water o y of Lake Ueorge, 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? NO - A non -compliant septic system will be replaced by sanitary holding tanks. Compliant stornwater management will be added on the site and the existing wetland area will not be disturbed. 5. Whether the alleged difficulty was self-created? NO - The variances are necessary due to the irregular shape of the parcel and the constraints of the lake and wetlands that area surrounding the house site. Area Variance [zDA approved: 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 2 Deed 3 North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ] 4 Boundaries of the property plotted to scale, zoning boundary 5 Princi al structures, accessoKy structures with exterior dimensions 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed 4 7 Setbacks for all structures and improvements: existing & proposed 8 Elevations and floor plans of all proposed and affected structures Attanhorl B. Water & Sewer Shown on Sheet # 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed 5 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on -site water qiinnlv mid septic 5 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 5 Percolation test location and results C. Parkin / Permeable Areas Shown on Sheet # I Number of spaces required for project including calculations and justification: existing & proposed 4 2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material e.., gravel,paved] 4 3 Provision for pedestrian and handicap access andparking: existing & proposed 4 Desi n 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 4 6 Lighting, location and design of all existing and proposed outdoor lighting D. Additional Site Development and Miscellaneous Shown on Sheet # I On -site & adjacent watercourses, streams, rivers, lake and wetlands 2 Utili / energy distributions stem as, electric, solar, telephone]: existing & roposed 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 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existin & proposed 4 5 Si a e: Location, size, type, design and setback: existing & proposed N/A 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items N/A 7 Commercial / Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans 41516 8 identification of Federal, State or County permits required for the project together with a record of application for all necessary permits None Page 5 Area Variance Pre -Submission Conference Form / Section 179-9-040 1. Applicant Name: Brea and Pamela west 2. Tax Map ID 226.15-1-07 Iocation: tO66ay Parkway 30 Zoning Classification wa 4. Reason for Review: construction of new home and attached garage and associated site work 5. Zoning Section #: t79-s-oao wa, cnwPmr�a wesuaads, cn�Pter ta7 smm,watcr 6. Pre -Submission Meeting Notes: Provided Outstanding; Please provide by Deed X General Information complete X Site Development Data Complete X Setback Requirements Complete X Additional Project Information Complete X FAR addressed X Compliance with Zoning Ordinance X Checklist items addressed X Environmental Form completed NA Signature Page completed x plicant proposes to demo existing home plus shed and construct a new 2 story home with a 5,436 sq. f tprint with a garage. Also, included is installation of permeable pavers for patio and driveway areas, a Bred walkway between the two properties. The new floor area will be 8,670 sq. ft. where the maximal rwed is 9,687 sq ft. The project includes site work for new landscaping shoreline and residential rse, septic, stormwater management. Project includes a lot line adjustment but no change to lot size. rriance granted 3/23/2022--The new home is to be located 46 ft. to the east shoreline, 35 ft. to the west reline where 50 ft. is required. The covered walkway is to be 0 ft. from the west side setback where a 1. setback is required. The project proposes two garages where only one is allowed — the te-cochere is considered a garage due to width of open sides allowing vehicles. Relief is also uested for setbacks for stormwater device Note: Permeability 77.9% is proposed where 75% is wired- no permeability relief is requested. The floor area proposed is 8,670 sq ft where 8,687 sq ft is maximum size allowed — no floor area relief is requested. ) ision to Site Plan to include Freshwater wetlands work within 100 ft of a designated wetland. Area lance -applicant requests relief for the following wetland setback for a portion of the building to be tled 10 ft from the wetland where 50 ft setback is required. Also relief is requested for the four itration devices where a 100 ft setback is required proposed for 2A is 74 ft, 2B is 52 ft, 2C is 57 ft and is 69 ft. Additional variance for elevation323 depression area will need setback information. reviewed -variance application, site drawings, survey, elevations, floor plans to be updated -clarification about infilhation device setback at 323 elevation, signature Staff Representative: Applicant /Agent: Date: rio �4 22 Page 6 Area Variance [ZBA approved: September 21 2m6] 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. OWNER'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: ArpLtCANT's AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Brett West Designates: Gavin Vuillaume (EDP) as Agent regarding the following: Variance X Site Plan Subdivision For Tax Map No.: 226.15-1-17 Deed Reference: Book Page Date i 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 •ea n agree to the above. ✓ Brett West �p �0 VSie plicam) Print Name [Applicant] Dat sig d Gavin Vuillaume (EDP) 1 2Z2 [Agent] Print Name [Agent] 13af sighed WARREN 4 COUNTYPAMELA J. • DOCUMENT*Lake George, NY 12845 ■- li . SIP Instrument Number: 2006. 00008091 As Recorded On: August08,2006 Deed Parties: STEWART MARGARET M To WEST BRETT R Billable Pages: 3 Recorded By: COMMUNITY TITLE Num Of Pages: 4 Comment: Examined and Charged as Follows: Deed 3B.00 Cover Page 5.00 RP•5217 Resid/Agdc 75.00 TP484 5,00 Recording Charge: 121.00 Consideration Amount Amount RSH/CS# Transfer Tax 35,000.00 21500,000,00 TT BO Basic 0,00 QUEENSBURY Special Additional 0.00 Additional 0.00 Transfer 35,000.00 Tax Charge: 350000,00 RECORDED Counts Clerks Dffice AOs 08r2006 09:19A Paaela J. Vogel Marren Counts Clerk `" THIS PAGE IS PART OF THE INSTRUMENT "" I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY File Information: Record and Return To: Document Number: 2006.00008091 BARTLETT PONTIFF STEWART & RHODES PC Receipt Number: 6982 PO BOX 2168 Recorded Date/Time: August 08, 2006 09:19:54A ATTN JCL Book-Vol/Pg: Bk-RP VI=3009 Pg=38 GLENS FALLS NY 12801 Cashier / Station: C Burch / Cash Station 3 QaCLIMENT�w OOOO8O91 VCILUNEo 3OO9 PA"F-m 39 WARRANTY DEED with Lien Covenant THIS INDENTURE MADE THE 7TH DAY OF AUGUST, TWO THOUSAND SIX BETWEEN MARGARET M. STEWART, Individually, and MARGARET M. STEWART and DANIEL J. STEWART, Co -Trustees under Article 4 of the Last Will and Testament of ROBERT S. STEWART, deceased, residing at 35 Yorkshire Drive, Queensbury, New York, 12804, PARTIES OF THE FIRST PART, and BRETT R. WEST and PAMELA T. WEST, husband and wife, residing at 390 West Mountain Road, Ridgefield, Connecticut 06877, 9; PARTIES OF THE SECOND PART, po WITNESSETH that parties of the first part, in consideration 1l of One Dollar and 00/100 ($1.00) lawful money of the United States, 3 and other good and valuable consideration paid by parties of the ,q second part, do hereby grant, remise and release unto the parties 7sss�ttt� of the second part, their heirs and assigns forever, ALL THAT CERTAIN LOT OF LAND situate in the Town of �z Queensbury, County of ;Warren and State of New York, on what is • known as Assembly Point;on the east shore of Lake George, and being g w 46 a portion of the 'lands shown on a map of `First Subdivision of or, property, owned by the Lake George Assembly, made by Ernest L. H. Meyer, Surveyor, and dated June 8, 1914, as said premises are shown on a survey map thereof entitled "map of a Part of the Lands of the Lake George Assembly, Assembly Point, Lake George, Town of Queensbury, Warren County, N.Y. Oct. 10, 1940, Coulter & Ashley", the original map being filed in the Warren County Clerk's Office on the 23rd day of October, 1940, together with all the right, title and interest, if any, which the first party may have in and to that part of the highway called Bay Parkway and Lake Parkway, abutting on the aforesaid premises, to the center line thereof, said premises being bounded and described as follows: BEGINNING at an iron pipe set in the ground in the northerly line of Bay Parkway at a point distant 35 feet on a course bearing North 660 45' West from an iron bolt set in a concrete base at the southwesterly corner of Lot No. 22, and running thence along the northerly line of Bay Parkway, a distance of 64 feet measured along the curve of said Bay Parkway, to an iron pipe set in the ground at a point distant 63.25 feet on a course bearing North 86° 35' West from the point of beginning; thence North 410 38' West 151.66 feet to an iron pipe set in the ground, and continuing in the same course 7 feet, be the same more or less, to the shore of Lake George; thence in a general northerly and southeasterly direction along the shore of said lake, DOCUMENT: 00008091 VOLUME: 300Y PAGE: 40 as the same winds and turns, 440 feet, be the same more or less, to a point distant northerly 5 feet, be the same more or less, from the iron pipe next mentioned; thence South 220 50' West 5 feet, be the same more or less, to an iron thence continuing on the same course beginning. pipe 165.30 set in feet, the ground, to the point and of Also conveying herewith all right title and interest which the party of the first part may have in and to lands under the waters of Lake George and lying between high and low water mark of the premises herein conveyed. The party of the first part also hereby quitclaims to the party of the second part all of the decedent's right title and interest in and the right to maintain a certain dock and the lands on which it rests which dock extends from the premises into the waters of Lake George and the construction of which dock was completed prior to July 1, 1941. BEING the same premises conveyed by Margaret M. Stewart, Executor of the Last Will and Testament of Robert S. Stewart, to Margaret M. Stewart and Daniel J. Stewart, Co -Trustees under Article Fourth of the Last Will and Testament of Robert S. Stewart, by deed dated September 16, 2003, and recorded in the Warren County Clerk' s::Office on October 10, 2003, in Liber 1345 of Deeds at page 131': TOGETHER with the appurtenances and all the estate and rights of parties of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto parties of the second part, their heirs and assigns forever. And said parties of the first part covenant as follows: First, That the parties of the second part shall quietly enjoy the said premises; Second, That said parties of the first part will forever Warrant the title to said premises. THIRD, That, in compliance with Sec. 13 of the Lien Law, the grantors will receive the consideration for this conveyance and All hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. DOCUMENT 0000s091 VOLUME: 3009 PAGE: 4.1 IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and seals the day and year first above written. IN PRESENCE OF 1, , SP��ccr� u MARL ET STEWART, Individually STEWART, Co -Trustee Co -Trustee STATE OF NEW YORK ) COUNTY OF WARREN ) ss. On the 7th day of August, 2006, before me, the undersigned, personally appeared MARGARET STEWART and DANIEL J. STEWART, personally known to me or proved to be on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that hey executed the same in their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed this instrument. OTARY UBLIC JONATHAN C. I.APPER Notary No. 02LA4W14Now wYodc Qualified in Warren County RECORD So RETURN Commission Expires March So 20AZ Bartlett, Pontiff, Stewart & Rhodes, PC,P.O. Box 2168, One Washington Street Glens Falls, New York 12801 A f f. ,Gr✓