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Application & DeedArea Valiance [ZBA approved: November 15, 20191 General Information Tax Parcel ID Number: Z - — 9 Zoning District: Detailed Description of Project [include current & proposed use]: r— L-Q,0 �k Location of Project: ® V rJ D A (,- P 9 E Q-L g Applicant Name: i � �~ 1 �'► �t r`? asp � Mailing Address � � $�v x � .� Home Phone City, State, Zip L E. V 9 irj f- N Work Phone -- 16 5 f.-. Q S 73 Cell Phone 1 `b' — -- &D 3 E-Mail: �j; 11 �' -I-a, k .A n e.,) FAX No_ Agent's Name: Mailing Address Hone Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Owner's Name P_WT H E: `D " Mailing Address Home Phone City, State, Zip y M a tA T JA M Work Phone Cell Phone E-mail ' LL4(aA} M,GDir, &AV L, FAX No. VI Page l Area Variance �ZBA approved: November 15, 2019] Site Development Daia Area / Type Existing sq. ft. Proposed Additions , ft. Total sq. ft. A. Building footprint B. Detached Garage C. Accessory Structure(s) D. Paved, gravel or other hard surfaced area E. Porches / Decks Z y c Ks r-r_> X-�' s-rf 1 - _ 3 �c S� 5 01 F. Other G. Total Non -Permeable [Add A-F] H. Parcel Area [43,560 sq. ft. / acre] I. Percentage of Impermeable Area of Site [I=G/H] 34 Setback Requirements Area Required Existing Proposed Front Yard [I] Front Yard [2] Shoreline Side Yard [1] Side Yard [2] Rear Yard [1] f r.� Rear Yard [2] r f C Travel Corridor Height [maximum] Permeability Number of parking spaces Page 2 Area Variance [ZBA approved: November 15, 20191 Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? O . 2. If the parcel has previous approvals, list application number(s): 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit Program? Yes / X No 4. Estimated project duration: Start Date: I t f ;1- -2-- End Date: 5. Estimated total cost of project: ��c> D o p 6. Total area of land disturbance for project: ��© 'p 0 5 Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage. Zoning District Symbol Floor Area Ratio [FAR] Waterfront Residential VVR 0.22 Commercial Moderate / Commercial Intensive CM / CI 0.3 A. The combined area of all square footage, as measure from exterior walls of all structures 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 Z. 7- �S' sq. ft. Existing Floor Area `d' s ,.-ft. [see above definition Proposed Additional Floor Area s . ft. Proposed Total Floor Area 3 Sr s . ft. Total Allowable Floor Area a 3 (Area x _ 2 [see above table] Page 3 Area Variance [ZBA approved.- November 15, 2019] Compliance with Zoning Ordinance 1'71 �.3--Q� {9�r�n1S���r3�- Requesting relief from SECTION: eR 4 Need relief from the requirement(s) listed below which can not be met by the project as proposed. [Check all that apply] etback C] Buffer Zor1e ❑Lot Width Other fEe-tin f-?9 ►9 1 (- i� The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed, 1. 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? D. U SE w i L L- M 29 1 rJ TN E S ,:5 15 1,5 `T-'-Y4 .S /g in 6 T 09 T /-7 a ni to 6i25 ,fi A1>'g5 t1E ,fir ,6-0 C' E.as'F- 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? W V I 'TNl-: . ! A1�1'46k? (A/rs .Scfg-AIIII-W /A) R- C"(S"iYAZ JCfJS,0-11aTJ c� /fc S r-! �f-inJ 6 3. Whether the requested area variance is substantial? r�►J5 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? P/4c_- 7-- p iJ iAKu11 D6-&Z;Dt 5. Whether the alleged difficulty was self-created? A.5 /}'e- 4 9 14 -0rJ n f- %/ i p us IC L- Page 4 KUNDEWIDE MANAGEMENT GROUP INC. CLMRDALE, NEW YORK 12820 518-656-9573 August 15, 2022 Town of Queensbury - Zoning Board of Appeals Re: Bob and Ruth Finegold, additional notes There are 32 residences on 21 acres at Takundewide (approximately .66 acre / residence). The property was divided in 1986, prior to the adoption of many of the requirements in the current Zoning Ordinance. The intent of the original owners was to ensure that the residents could add a basement and second story while complying with the town code. The Finegolds wish to tear down this 70 year old summer camp, install a proper foundation with basement, and rebuild the exact same size building with an additional second floor, resulting in a fairly modest sized home, to today's building standards. The property is divided so that most of the land (18.7 acres) is held by Takundewide Homeowners Association, Inc., as a predominantly green, common space for the shared and exclusive use of these 32 residential owners at Takundewide. Takundewide Homeowners Association, Inc. is owned by these 32 owners in equal shares. The Association entered a "Memorandum of Understanding" with the Town of Queensbury in September/2003 in order to address issues related to applications such as this (density, septic, noise, etc.). We include a copy of this document with this application, and it is on file in the Town Offices. As per that memorandum, there will be no residential units added, maximum building size will be 1536 ft2, and the 18.7 acres of shared common property will be considered when evaluating the current and future density of the property. In this application, the proposed building size is 2322 ft2. (1536 ft2 for I' and 2°d floors, + 18 ft2 for small deck at new steps + 768 ft2 for basement.) Both basements and small decks required for safe entry were not anticipated in the Memorandum of Understanding. This application is very similar to many homes built previously with the Town's approval at Takundewide. Following the format of the Town's FAR worksheet and adding an equal share of the common property, the Finegold's home is as follows: Parcel area: (2288 private + 25455 share of common) 27743 sq. ft. (18.7 acres / 32 equal owners = 25455 ft2 per owner) Existing floor area: 768 sq_ ft. Proposed Additional Floor Area 1586 sq. ft. Proposed Total Floor Area 2354 sq. ft. Total Allowable Floor Area 6103 (Area x .22) If the 18.7 acres of common property are not considered in these applications, then they should be developable. Both the owners at Takundewide and the Town of Queensbury agreed in the "Memorandum of Understanding" that this would not be optimal. Area Variance [ZBA approved: November 15, 20191 Section 179-14-030 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 n 3+ag�EY 2 Deed 3 North arrow, Tax Map ID, date prepared and scale [minimum: I inch = 40 feet ] j, 4 Boundaries of the property plotted to scale, zoning boundary, 5 Principal structures, accessory structures with exterior dimensions 6 Site improvements incl, outdoor storage areas, driveways, parking areas, etc.: existing & proposed �. 7 Setbacks for all structures and improvements: existing & proposed 9 Elevations and floor plans of all proposed and affected structures B. Water & Sewer Shawn on Shcct # 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed 1 • S_ 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on -site water supply and septic . 3 Separation distances for ra osed 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 .J 5 Percolation test location and results C. Parkin / Permeable Areas Shown on Sheet # 1 Number of spaces required for project including calculations and justification: existing & proposed /d i4 2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material [e.g., gravel,paved] dJlI 3 Provision for pedestrian and handicap access and parkin : existing & proposed 4 Design 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 /J f3 6 Lighting, location and design of all existing and proposed outdoor lighting D. Additional Site .Development and Miscellaneous Shown on Sheet # 1 On -site & adjacent watercourses, streams, rivers, lake and wetlands 2 Utility / energy distribution system [gas, electric, solar, telephone]: existing & proposed 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 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing !& proposed 5 Signa e: Location, size, type, design and setback: existin & proposed .l 6 Waiver Request. provide letter with application requesting any waivers: please reference specific items 414 7 Commercial / industrial Development requires submission of Landscaping, Stormwater Manage Grading & LightingLigtqj!jg Plans P bA 8 Identification of Federal, State or County permits required for the project together with a record of application for all necessary permits r N] Page 5 Area Variance Pre -Submission Conference Form / Section 179-9-040 1. Applicant Name: William Mason/ Robert and Ruth Finegold 2. Tax Map ID 239.8-1-49 Location: 4 Onondaga Dr 3. Zoning Classification WR 4. Reason for Review: Remove existing 768 sq ft home rebuild in the same footprint with second story and basement 5. Zoning Section #: 179-3-040 WR, 6. Pre -Submission Meeting Notes: Provided 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 Outstanding, Please provide by Applicant proposes removal of existing 768 sq ft home to construct a new home of the same footprint with a second story and basement. The new floor area is to be 2,354 sq ft. The project is located in the Takundewide development. The project includes a 32 sq ft new porch landing entry and a 18 sq ftsmaller access landing to the existing porch. The home has an existing two bedroom. The project has completed connection to the Takundewide community septic and water supply from the lake. Pursuant to Chapter 179-3-040, 179-6-065, , site plan for new floor in a CEA shall be subject to Planning Board review and approval. Area Variance for setback proposed East 6ft, North 811, South 7ft and WestiO ft - where 15 ft is required, permeability is proposed to be 64% where 75% required and floor area proposed is 2,354 sq ft where 503 sq ft is the maximum allowed. (The applicant has explained the parcel is part of an existing HOA where a majority of the 18.7 acres is common area for the association members —in addition the master plan indicates the 18.7 ac is to be considered during the request for a house expansion with the HOA) Items reviewed - site plan and area variance application, site plan, elevations Items to be updated or provided 1) floor plan - existing 2 bedrooms per septic information - how many proposed? 2) label setbacks for north,south, west and east 3) height needed to be on elevation 4) clarification of area of flat/patio like area in front of home facing lake - ifhardsurfacing then it needs to be added to the data and identified on the plan with dimensions and type. Staff Representative: Applicant / Agent: Laura Moore via email 08/24/2022 z 2 1/.- Wo Date: */4z-z'-'— Page 6 Area Variance LZBA approved: November 15, 20191 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: 6J I L L- / rh tq ©.) as Agent regarding the following: Variance ,%— Site Plan Subdivision _ -r 3 For Tax Map No.: 7- Deed Reference: BookJ5 � Page Date _71Z./7.- OWNER SIGNATUR 6;W DATE: Z�Z APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party - Own e`-� 'P r: Designates: Variance Site Plan Subdivision as Agent regarding the following: For Tax Map No.: Deed Reference: Book Page Date OWNER SIGNATUR :J 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: 1, 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 I/we may he 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 I have r ad and agree to the above. p Signature [Applicant] Print Name [Applicant] Date signed Signature [Agent] Print Name [Agent] Date signed Page 7 -� 44 m � l - m e' d \♦ ry �1 � n F 2 � � .rid 4 /\' '_—�.�' `• k9 wJ .,�`� a R --ilia„ 1 a f ' L /_ekm�Pseavko�mvau>Nu_°�msb�.�,a_ , �m 1 - 1 aek000 #y8k8S5fi"?ffiq?gk$So8$gk,k`o 8. ` mmmw rma�r�wa ovauB.;:Sark.'k&�waRIM I 6' i 'mA C�cvCkD�� s �I m r BK: 6077 PG: 293 03/02/2020 DJED Image: 1 of 5 WARREN COUNTY — STATE OF NEW YORK n PAMELA J. VOGEL, COUNTY CLERK 1340 STATE ROUTE 9, .. LAKE GEORGE, NEW YORK 12845 COUNTY CLERK'S RECORDING PAGE *""THIS PAGE IS PART OF THE DOCUMENT — DO NOT DETACH'' Recording: Cover . Recording geFee 40.00 1 1 Ed 14 25 BOOK/PAGE: 6077 / 293 INSTRUMENT #'. 2020-1.357 Receipt#: 2020516372 clerk: LB Rec Date: 03/02/2020 10:06:36 AM Doc Grp: RP Descrip: DEED Num Pgs: 5 Rec'd Frm: BROADWAY TITLE Partyl.: MASON WILLIAM P Party2: FINEGOLD ROBERT B Town: QUEENSBURY Record and Return To: JAMES G SNYDER ESQ 160 WEST AVE SARATOGA SPRINGS NY 12866 Cu tura Records Management - Coun 1.00. Records Management - Stat 4.75 Additional Names 0.50 TP584 5.00 RP5217 Residential./Agricu 116.00 RP5217 - County 9.00 Sub Total: 195..50 Transfer Tax Transfer' Tax - state 2968.00 Sub Total: 2968.00 Total: 3163.50. **** NOTICE: THIS IS NOT A BILL **** ***** Transfer Tax**** Transfer Tax # 1787 Transfer Tax consideration: 742000.00 Transfer Tax -'State Total: 2968.00 2968.00_ WARNING*** . **s lxdorniation may be amended during the verification process, and may no# be reflected on this cover page. I horeby certify that the wiah and foregoing was recorded in the Warren County Clerk's Office, Slate of New York. . This sheet constitutes the Clerks endorsement required by Section 316 of the Real Property Law of the State of New York. Pamela I. Vogal Warren County Clerk BK: 6077 PG: 293 03/02/2020 DEED Image: 2 of 5 �71dL 1� . 1-12,000 17,I� THIS INDENTURE, made this r < day of �J41 2020 between: WILLIAM P. MASON, residing at 40 Boathouse Road, Queensbury, New York, 12820, party of the first part, and ROBERT B. FINEGOLD and RUTH L. FINEGOLD, husband and wife, residing at 73 92.E Applecrest Drive, Yarmouth, ME, 04096 ,parties of the second part, (� WITNESSETH, that the party of the first part, in consideration of One Dollar ($1.00) lawful money of the United States, and other good and valuable consideration paid by the parties of the second part, does hereby grant and release unto the parties of the second part, their heirs and assigns forever, all of the party of the first part's right, title and interest in: See Schedule "A", attached. BEING the same premised conveyed from Jane M. Mason, as Executrix of the Estate of Alger C. Mason, to William P. Mason by deed dated May 21, 1987 an recorded at the Warren County Cleric's Office on May 22, 1987 in Book 693 at Page 86. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part, the heirs, successors and assigns of the parties of the second part forever. AND the party of the first part covenants as follows: FIRST, That the parties of the second part shall quietly enjoy the said premises; SECOND, That the party of the first part will forever WARRANT the title to said premises; and THIRD, the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will 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. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. BK: 6077 PG: 293 03/02/2020 DEED Image: 3 of 5 IN WITNESS WHEREOF, the party hereto has duly executed this deed the day and year first above written. In the presence of L.S. T William P. Mason STATE OF NEW YORK ) SS.: COUNTY OF d(IIIY ) On thed—Iday of JCJ�,Ibakl�., in the year , before me, the undersigned, a Notary Public in and for said State, sonally appeared William P. Mason, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged that he/she/they executed the same in his/her/their capacity, and that by his/her/their signatures on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the in trument. Ui1"k / . otary Public �TROC R. �*44d Notzry Taklic wactga COUAty, ICY jdy Com6jVioa'Expires 3114.1"d 62Rt5924347 l � D BK: 6077 PG: 293 03/02/2020 DEED Image: 4 of 5 (ED SCHEDULE A- DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, situate, lying and being in the Town of Queensbury, County of Warren and State of New York, more particularly described as Lot No. 4, as shown on a map entitled "Site Plan ofTakundewide, Inc.", prepared by VanDusen and Steves, Licensed Surveyors, dated December 29, 1983, and last revised September 15, 1984, which map was filed in the Warren County Clerk's Office on November 28, 1984. TOGETHER with a non-exclusive right -of way and easement in common with others over the roads as drawn on the aforesaid map for ingress and egress to the premises conveyed herein, and additionally for access to the Common Areas shown on said map, which are defined as all real property shown on the map of Taklutdewide filed in the Warren County Clerk's Office on November 28, 1984, excepting therefrom Parcels through 32 inclusive, all as are shown on said map. This non-exclusive easement is subject to its exercise by the Grantee in accordance with the Conditions, Restrictions and Covenants hereinafter set forth. The above described non-exclusive nghts-of way and easements over the roads and Common Areas shall automatically be extinguished upon the conveyance of the fee to the Common Areas and roadways to an incorporated association of lot owners, of and when said association is formed, which association shall be open to all lot owners within the premises shown on said map. EXCEPTING AND RESERVING to the Grantor a pedestrian and vehicular easement over all roadways shown on said map and in and to the use of the Common Areas as shown on said map and for the location of water lines and sewage disposal areas EXCEPTING AND RESERVING to the ,rakundewide Homeowners Association, Inc. the right to grant the usual electric and telephone easements to Niagara Mohawk Power Corporation and the New York Telephone Company, to erect, maintain, replace, repair, and operate lines consisting of poles, conduits, guys, guy stubs, cross -arias, wires and appurtenances for the distribution of electricity and messages below, above or beyond the lands to be conveyed. EXCEPTING AND RESERVING a non-exclusive easement and right-of-way over all the property conveyed herein, as well as the Common Areas as shown on the aforesaid map for purposes of installing, maintaining and repairing water and sewer lines for connection to the existing water and sewer system presently located upon the premises shown on said map and any future water and sewer systems required by the appropriate municipal authorities. DK: 6077 PG: 293 03/02/2020 DEED Image: 5 of 5 tXC8 TNaAM:RF.SERV]WG an =ement to the �a�i#of, its �zecess�rs �nd.a§siE�es; OVWAR CQUEmeaAxroslo gerfQiMA; 44es of Maintenance :AM reps r'tho:jon&nnM •Aroa :rnantgiit7 anys#es.fir vc�rci:easkZas: Y.eeti g�ii�tir T-esezved,.,°and to p *4. Pkdamawto anyaFthe Cogamon, Aroas.;an&cTgny'ofermideme, (�D EQn MANAGEMENT GROUP INC. CLEVERDALE, NEW YORK 12820 518.656.9573 August 15, 2022 Town of Queensbury — Zoning Board of Review / Site flan Review Re: Robert and Ruth Finegold, Water and Sewer l . The home is connected to the existing community septic system, Takundewide Homeowners Sewage Works Corporation, Inc. It has been in operation for over 10 years and the sewage is pumped to drain fields located over 1000' from Lake George. The home currently has 2 bedrooms and the new home will also have 2 bedrooms. 2. Water supply is provided by Takundewide Homeowners Association, Inc., a NYSDOH permitted and regulated water system. The water source is Lake George. As such, there are no issues with separation distances. L7 TOWN OF SBU�Y UEEN FILE- 742 Q Bay Road, Queensbury, NY 12804-5902 518-761-8201 Queensbury Planning Board — Record of Resolution d Craig MacEwan, Chairman Catherine LaBombard, Secretary TO: Takundewide HOA C/o Wilham Mason 40 Boathouse Road Cleverdale, IVY 1282D DATE: September 23, 2003 RESOLVED: RE: Takundewide Master Plan MOTION THAT THE PLANNING BOARD APPROVE THE TAKUDEWIDE RESOLUTION MEMORANDUM OF UNDERSTANDING MASTER PLAN BETWEEN THE UEENSBURY PLANNING BOARD AND THE TA_KUNDEWIDE HOMEOWNER'S ASSOCIATION Introduced by John Strough who moved for its adoption, seconded by Chris Hunsinger: In accordance with the resolution, prepared by Staff dated September 23, 2003 (See attached]. Duly adopted this 23'-d day of September 2003 by the following vote: AYES: Mr. Hunsinger, Mr, Ringer, Mr. Metiver, Mr. Sanford, Mr. Strough, Mr. Seguljic, Mr. MacEwan NOES: None Sincerely, ,C)" -Mm""�p Craig MacEwan, Chairman CMlpw uA "HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE" SETTLED1763 Takundewide Resolution Memorandum of Understanding Between the Town of Queensbury Planning Board and the Takundewide HOA September 23, 2003 INTRODUCED BY; John Strough WHO MOVED ITS ADOPTION: SECONDED BY: Chris Hunsinger WHEREAS, the Takundewide HOA has agreed to formulate a Master Plan for its benefit and to reasonably assure the Town Planning Board, that because of Takundewide's unique individual and common lands structure, the environmental capacity of the site if fully expanded, would be able to accommodate further development, within the parameters outlined, and WHEREAS, several meetings were held with the Planning Board at which the Takundewide HOA and/or representatives have discussed the situation and reasons for the Master Plan, and WHEREAS, the Planning Board has reviewed the Master Plan information package provided to them by the Takundewide Homeowner's Association (HOA), dated August 2003, and WHEREAS, the Planning Board and the Takundewide HOA fully understand the purpose and function of the Master Plan is to: Act as a guideline for use by the Takundewide HOA individual property owners and the Planning Board, and Provide reliable information for use by the Planning Board when it reviews future. requests for expansion, and that those future applications are likely to be viewed favorably as long as there are no changes to the typical request upon which the Master Plan is based, and Consider the Takundewide Master Plan as an expanded environmental assessment that addresses potential cumulative environmental impacts, and WHEREAS, the Planning Board and the Takundewide HOA also fully understand that: • The Master Plan is not a SEQRA review or document; SEQRA documents still would be required as applicable under law, and • The Master Plan does not provide, nor assure, future approvals, and • All Town of Queensbury codes and application procedures must be followed as applicable under law, and at -the time any application is reviewed • Neither the Takundewide HOA nor the Planning Board is bound by the Master Plan such that changes beyond the intent and scope of the Master Plan may require additional information, and • It will be the responsibility of the Takundewide HOA to assure that all present and future property owners are aware of this Master Plan, and L:1PamW\Planning Board Resolutions\Planning Board Resolution, 20031September\Takundewlde Resolution 9-23-03.doc NOW, THEREFORE, BE IT AGREED AND RESOLVED, THAT, The Takundewide HOA agrees to perform the following activities to assure that the Master Plan is maintained as agreed in the August 2003 package, and as a practical matter, so that: • Notice of the Master Plan and this agreementfresolution, and any subsequent amendments, is to be provided to the new owner before a sale of property, and • A notice of the availability of Master Plan information and this agreementlresolution, and any subsequent amendments, is to be publicly posted on site, and • Cottages already expanded, and those expanded in the future, shall be noted on the Master Plan Map with the reference to the HOA building/lot number and Town of Queensbury application approval numbers, and it shall be the responsibility of the HOA to provide the updated pages/documents to the Town in a timely manner, and • A copy of changes made to the Master Plan Map, concurrent with the Master Plan submission (such as but not limited to stormwater containment delineation, septic system upgrades, etc.) shall be provided to the Planning Board, and BE IT FURTHER RESOLVED, THAT, This Resolution shall become a Memorandum of Understanding between the Town of Queensbury Planning Board and the Takundewide Homeowner's Association (HOA) upon signature of the HOA noted Below. NOTE: The Master Plan Map is the drawing labeled, "Takundewide, Inc., March 13, 2003, Scale 1"=50', Sheet 1of 1, S-1," and any subsequent revisions as approved by the Town of Queensbury AYES: Mr. Hunsinger, Mr. Ringer, Mr. Metiver, Mr. Sanford, Mr. Strough, Mr. Seguljic, Mr. MacEwan NOES: None Accepted to and agreed to by the Takundewide Homeowners' Association (HOA) by: Name Date 1 As representative for the Takundewide HOA L:1PamWIPlanning Board Resolutions\planning Board Resolution, 20031SeptemberlTakundewide Resolution 9-23-03.doc TAKUNDEWIDE HOMEOWNERS ASSOCIATION kC. Boathouse Road -vf-rf1q1f- -NTP'L1? Vnry plan submission Planning Board of Queensbury ;bury, NY 12804 ' 2003 Dock assignments/ Lake George Park Commission Letter V.Al)7E Z."Q V 44�f -if aTAKUND E HOMEO WNERS MEOWNERSAS50CIAT10N CLEVERDALE. NEW PORK 12820 518.656.9573 - Mr, Craig MacEWan, Chairman Planning Board Town of Queensbury 742 Bay Road Queensbury, NY 12804-5902 August 18, 2003 Re: Takundewlde Master Plan Dear Mr. MacEwan: The Board of Directors and Homeowners of Takundewide discussed at length your request for additional information intended to complete the Master flan process at our annual meeting this last week. We do hope that the information we have enclosed provides the necessary final details such that William and Linda Nizolek's permit request can move expeditiously forward in both Planning and Zoning. In addition the homeowners fully expect that our completion of this process will allow subsequent homeowners to move far more quickly through the approval process. Once again we have organized our responses by numbering your requests included in your letter of May 30, 2003, copy attached. Our reply below follows that format: I. Building ;footprints are not to expand We agree to the incorporation of this statement in the plan. 2. Height restrictions in the Town of Queensbury Ordinance must be followed We agree to the incorporation of this statement in the plan. 3. Any cottage expansion would be limited to a maximum of 1536 sq. ft We agree to the incorporation of this statement in the plan. 4. There will be no expansion of the 5 cottages already expanded We agree that there will be no further expansion of these five cottages beyond the 1536 square feet noted above, S. There will be no residential units added 6. HOA lands will not be further subdivided We agree to the incorporation of these two statements in the plan. 7. Remove language on the Master Plan drawing which states, "reserved for possible expansion" This wording was placed on the survey map to designate an area for a community septic system. h was sized according to the engineer's specifications and included in our earlier submission as per your request (#7 from your 1/31/02 letter). We also use it in response to #15(below). 8. Provide a list of current HOA rules. — Attached 9. Attach a copy of the HOA covenants..,. Attached 10. Mote noise restrictions between the hours of 10:00 PM and 8AM Agreed, this was discussed at our annual meeting on July 31, 2003 and agreed to. This is and will continue to be strictly enforced by our on -site manager. (See THOA rules/Parties) 11. Note that a visual impact assessment will be performed for each cottage expansion.... Agreed, the Board of Directors, in its' review of each project, will include an assessment of view impact to adjacent homeowners and lake side view before granting its' approval. (See THOA rules/Construction) 12. Put in place a pump out, observation, and maintenance program for septic systems Agreed, attached is a copy of a letter which is routinely sent to all owners at Takundewide, The office maintains a three-ring binder with information about each system. We track system maintenance and condition at the time of inspection. We encourage all owners to comply with this recommendation. 13. Determine the size of the drain fields Each of the systems with 1000 gallon concrete tanks was installed with a perforated pvc drain pipe system consisting of approximately 200' of lateral pipe. Each of the systems with 750 gal or 500 gal metal tanks was installed with perforated drain Pipe system consisting of between 150' and 200' of lateral pipe. The cesspools with grease traps have no drain fields. 14. Address whether or not septic system infiltration beds can handle clothes washers. The cesspools with grease traps are the systems where we will not allow clothes washers (42,3,4,6,7,8). All others are in excess of 100' from Lake George and are adequate for the addition of a clothes washer, 15. Clarify suitability for a community system in common area, with or without fill As per our enclosed survey, the community system altemative would be located in the area marked "reserved for possible expansion" (see 97). As per our engineers report, dated 3/11/03, "...it would most likely be designed for buildout or an estimated 9,100 gallons per day. Such a system would require an area estimated to be about 3 acres in size. Since the vacant area is 7+/- acres, the exact location and type of system used would be determined at the time of design and would comply... ...a total of 5,055 lineal feet of two foot wide trench would be required. This would involve use of 5 fields of 1000 lineal feet and would require the importation of some 9,000 cubic yards of select fill. Therefore, according to our engineer, the common area is suitable for a community system in the event that we need it, we have more than twice the needed land for such a system and we would need to add fill. 16. Indicate peak hour water use, and the maximum number of people that can be accommodated Maximum hourly use as monitored in 2003 (on two days, July 19 and August 15, we monitored water use on an hourly basis), was 700 gallons on July 19 between 10 and 11 am. Since our system includes a 2000 gallon tank of finished water, the outflows must be greater than the inflow for a long period of time to deplete the 2000 gallon "buffer" and cause us to run out of water. Currently, we can produce water at approximately 32 gallons per minute or 1920 gallons per hour (the "inflow"). 17. Show parking restrictions, such as signs indicating where to park to avoid certain areas containing septic systerns. Cars are not allowed to park on the lawns. (See THOA rules/Parking) Cars must Park in the parking lots or on the shoulders (where there are no septic systems). This rule is vigorously enforced by the on -site management team. Signs are unnecessary and would be unsightly. 18. Clarify the maximum gpd of water use, based on the maximum # of bedrooms per building, plus the main lodge (932) and laundry facilities As per the included engineers report dated March 11, 2003, maximum water use at buildout (with each house expanded to its' maximum size, according to this plan), would be between 14,190 and 19,350 gallons per day. This is based on NYSDOH theoretical guidelines of between 110 and 150 gallons per bedroom. At buildout, we would have 4 bedrooms per.house and 5 bedrooms for 432. (4 x 31 f 5 = 129 bedrooms; 129 bedrooms x 110 gallons per bedroom = 14190 gallons per day, 129 x 150 = 19350 gallons per day). If we were to base this on actual use, at the time of the last submission we were recording 71 gallons per bedroom per day (5150 gallons per day / 73 bedrooms = 71 gallons per bedroom per day). In 2003, between July 30 and Aug. 15, our usage is 119 gallons per bedroom per day (8688 gallons per day / 73 bedrooms = 119 gallons per bedroom per day). Both figures are below the planning range specified. This usage includes 432 and laundry facilities and also includes any landscape watering and lawn sprinkling, As per 416 above, we can produce 1920 gallons per hour or 46080 gallons per day. 19. Provide documentation to the PB from the Lake George Park Commission that docks are Class B marinas Attached 20. Show contracted assignments for individual docks/moorings per cottage Attached 21. Existing .roads and driveways should not be paved We agree and do not intend to pave the gravel drives and parking lots. 22. Areas for stormwater containment should be designated so that new septic systems are less likely to fail Agreed, as homes are upgraded/expanded and stormwater containment added we will delineate it in our Master Plan such that we preclude impacting septic system operation. 23. Address fertilizer/pesticide/herbicide use and groundwater/lake impacts We currently use Hunt's Quality Pest Control and Mead's Nursery for this work. Letters from these firms with their addresses, requisite permit numbers and information about the material applied is attached. The pesticide is applied once per year in a narrow band at the base of each building and under the eaves. The fertilizer/herbicide is a liquid product that is applied once per year, In both cases, we minimize the application of these products to balance the practical need for some weed control, fertilization and ant control with the protection of the ecologically sensitive area we live in. Conclusion It is our understanding that unless otherwise stated, the definitions in the town code shall determine the meaning of any of the statements herein. If the town code should change, or if some of the conditions should change at Takundewide, then this document could be revisited and amended with mutual consent, and not necessarily be voided in its' entirety. We are hopeful that this additional information will allow the Planning Board to complete its process in short order. If any additional information is needed please contact our attorney, Jonathan Lapper at 518-792-2117 or our association president, Bob Mason at 802-985-8249. Thank you for yours and the planning boards time, efforts and patience as we work through all this. Sincerely, Bob Mason President Takundewide Homeowners Association rr" ank Gabnielscn Director Takundewide Homeowners Association Dan. Fraser - Vice President Takundewide Homeowners Association Saris Lightbody Ex- officio Director, Past President Takundewide Homeowners Association CC Jonathan Lapper, Esq. William Mason, Takundewidc Management Group, Inc.