Application & Deed
38 High Rock Ave, Suite 3 | P.O. Box 272 | Saratoga Springs, NY 12866 | 518.450.4030 | www.studioadpc.com
LETTER OF TRANSMITTAL
TO: Town of Queensbury
Planning and Zoning Department
742 Bay Road
Queensbury, NY 12804
DATE: October 18, 2022
ATTENTION: Laura Moore
SUBJECT: Area Variance Pre-Application - Carey Residence – 28 Holly Lane
WE ARE SENDING YOU:
X ATTACHED UNDER SEPARATE COVER VIA ___________________________________
THE FOLLOWING:
X PLANS PRINTS SAMPLES SPECIFICATIONS
X LETTER SHOP DRAWINGS
COPIES DATE DESCRIPTION
1
10/18/2022
$50 Check
15 Cover Letter
15 Project Narrative
15 Area Variance Application
15 Site Plan Review Application – Responses to Criteria
15 Deed
15 Survey (1 at 17”x22”, 14 at 8.5”x11”)
15 Site Photos
15 Existing Garage Floor Plans (1 at 24”x35”, 14 at 11”x17”)
15 Existing and Proposed Main Residence Floor Plans
15 Site Plan Drawings (1 at 24”x35”, 14 at 11”x17”)
15 Proposed Porch Lighting
15 Approved Wastewater Treatment Plans (1 at 24”x35”, 14 at 11”x17”)
X FOR APPROVAL APPROVED AS SUBMITTED RESUBMIT COPIES FOR APPROVAL FOR YOUR USE APPROVED AS NOTED SUBMIT [#] COPIES FOR
DISTRIBUTION AS REQUESTED RETURED FOR CORRECTIONS
RETURN [#] CORRECTED PRINTS
Signed:
38 High Rock Ave, Suite 3 | P.O. Box 272 | Saratoga Springs, NY 12866 | 518.450.4030
PROPOSED SINGLE FAMILY RESIDENCE SITE IMPROVEMENTS
3 Sons and Holly, LLC
28 Holly Lane
Queensbury, NY
PROJECT NARRATIVE:
The project site is located at 28 Holly Lane on Assembly Point in the Town of Queensbury. The
parcel is ±0.34 acres in size with 129’ of shoreline along Lake George. Current development
includes a 1,275 square-foot, single-story residence with an accompanying 1,152 square-foot,
detached two-story garage. Adequate off-street parking exists for the property; directly adjacent
to the garage two parking spaces exist as well as an additional parking area for four cars to the
north, providing a total of six spaces. A network of existing paver walkways connects the parking
area to the residence and garage. On the lake side of the property, a deck, fire pit area, and steps
to a U-shaped dock exist. With this existing development, the site is 71.60% permeable.
Currently, the parcel does not meet the minimum lot size, minimum lot width, minimum road
frontage, minimum water frontage, minimum site permeability, and minimum shoreline setback
requirements per the Town of Queensbury Area Requirements for the Waterfront Residential
district. Area variances are being sought to build a 416 square-foot addition to the residence as
well as a lakefront patio.
A site permeability variance is being sought to allow for the 416 square-foot addition in addition
to an on-grade paver patio on the lake side of the house. Approximately 107 square feet of the
existing pavers in the front of the residence, 72 square feet of an existing front porch, 53 square
feet of pavers behind the residence, and 365 square feet of the deck behind the residence will be
removed, which will result in some reduction of existing impervious area, however, the overall
proposed increase of impervious area will be 474 square feet. This results in a change of site
permeability from an existing 71.60% to a proposed 68.14%.
A shoreline setback variance and modification of a non-conforming structure is also being sought
for the proposed deck and on-grade paver patio. The existing residence is non-conforming in that
it encroaches on the 50’ shoreline setback by 5.80’. Furthermore, the existing deck attached to
the residence encroaches 21.70’ into the shoreline setback. Thus, any proposed lakeside deck
attached to the residence or lakeside patio greater than 100 square-feet in size is immediately
non-conforming. Various configurations were explored to reduce encroachment into the 50’
shoreline setback, while also allowing the owner to enjoy the lakefront. The proposed design
includes a 200 square-foot deck and a patio broken up by bluestone slabs with 3” gaps between
to break up the impervious area. The gaps are proposed to be filled with pea gravel or a
groundcover plant. Altogether, the patio consists of 414 square feet of pavers and 86 square feet
of bluestone slabs. Proposed walkways to the fire pit area and dock in addition to a 123-foot
expansion of the fire pit area are to be bluestone slab stepping stones as well to allow for
infiltration between the gaps.
The proposed development will result in approximately 3,222 square feet of disturbance. To
offset impacts from the proposed development, native plantings are proposed along the lakeside
portion of the property to stabilize the shoreline, screen the property from the lake, filter
stormwater runoff, and create native habitat. Proposed plantings follow the Town of
Queensbury’s shoreline buffer planting requirements per Article 179-8-040, Section B. All existing
trees on the site will remain and are to be protected throughout the proposed construction.
Additionally, a rain garden with native plantings is proposed to store and treat runoff created
from the project. The location of the rain garden must be down gradient from the proposed
development, thus relief from the 100’ Lakeshore Stormwater Infiltration Practice Setback to 35’
is being also sought. A 35’ setback is the established setback required for infiltrating stormwater
practices set by the Lake George Park Commission.
In summary, the following variance requests include:
Required Existing Proposed
Site Permeability 75% 71.60% 68.14%
Shoreline Setback 50’ 28.30’ (Deck)
44.20’ (Residence)
39.00’ (Deck)
23.98’ (Patio)
44.20’ (Residence)
Structure within
Shoreline Setback
Less than 100 sq. ft. 200 sq. ft. (Deck)
336+78=414 sq. ft. (Pavers)
365 sq. ft. (Deck)
Lakeshore Stormwater
Infiltration Practice
Setback
100’ per Town Code,
35’ per Lake George
Park Commission
N/A 35’
Area Variance [ZBA approved: November 15, 2019]
Town of Queensbury Area Variance Application
REVIEW PROCESS:
1)Required Pre-Submission meeting with staff to determine general completeness of application materials to be held no later
than 1 week prior to deadline day. Call (518) 761-8238 or (518) 761-8265 for an appointment.
2)Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for
consideration for placement on an agenda.
3)Incomplete applications will not be considered for placement on any agenda until all missing information has been supplied.
4)Submittal to the Warren County Planning Board, if applicable.
5)Zoning Board meetings, generally the third and fourth Wednesday of each month. You will be advised in writing as to which
meeting to attend.
6)Following the meeting, you will be provided with a copy of the resolution stating the Board’s decision on your application.
If your application was approved, the next likely step is a Building Permit. Final plans / drawings must be provided for the
next phase of review. If your application was denied your project cannot proceed as submitted.
DOCUMENTS TO BE SUBMITTED: (HARD COPY & ELECTRONIC)
1 original and 14 copies of the completed application package to include:
Completed Application: pages 1–9 completed, signed & dated
Pre-Submission Meeting Notes: signed by staff
Denial Letter: from the Zoning Administrator
Survey:
Current Survey: survey map depicting current conditions – sign, stamped, date by surveyor
Proposed Conditions Map: The proposed conditions map must be based on a current survey and may by prepared
by Surveyor, Professional Engineer (Civil) or a Registered Architect.
Area / Sign Applications: must provide a final as-built survey depicting all site conditions and
improvements
Survey Waiver: Applicant may request a waiver from the survey pre and post requirements.
Copy of Deed
Fee: $50 residential; $100 commercial
ZONING STAFF & CONTACT INFORMATION:
Craig Brown, Zoning Administrator
Laura Moore, Land Use Planner
Karen Dwyre, Office Specialist
craigb@queensbury.net
lmoore@queensbury.net
karend@queensbury.net (518) 761-8238
Visit our website at www.queensbury.net for further information and forms.
Page 00
Area Variance [ZBA approved: November 15, 2019]
General Information
Tax Parcel ID Number: ____________________
Zoning District: ____________________
Detailed Description of Project [include current & proposed use]:
Location of Project: _______________________________________________________________
Applicant Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-Mail: FAX No.
Agent’s Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Owner’s Name Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Page 1
Studio A | Landscape Arch. & Eng., DPC /
Jon Lapper, esq.
kcatellier@studioadpc.com/
jcl@bpsrlaw.com
38 High Rock Ave. Suite 3, Saratoga Springs, 12866/
PO Box 2168, Glens Falls 12801
3 Sons and Holly, LLC
(Contact: Michael Carey, JR)
Area Variance [ZBA approved: November 15, 2019]
Site Development Data
Area / Type Existing sq. ft. Proposed
Addition sq. 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
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]
Setback Requirements
Area Required Existing Proposed
Front Yard [1]
Front Yard [2]
Shoreline
Side Yard [1]
Side Yard [2]
Rear Yard [1]
Rear Yard [2]
Travel Corridor
Height [maximum]
Permeability
Number of parking spaces
Page 2
100 (boathouse storage
shed)
1156 (parking areas)
571 (paver walkways)
66 (fire pit area)
-160 (demo pavers)
+414 (new pavers)
-437 (demo deck and porch)
+200 (new deck)
+72 (new porch
+12 (new steps
44.20' (Residence)
28.30 (Deck)
44.20' (Residence)
39.00' (Deck)
23.98 (Patio)
365 (Deck)
72 (Porch)
Area Variance [ZBA approved: November 15, 2019]
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? _______________
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 / __ No
4. Estimated project duration: Start Date: __________ End Date: __________
5. Estimated total cost of project: _______________
6.
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 WR 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 ___________________________ sq. ft.
Existing Floor Area
Proposed Additional Floor Area ___________________________ sq. ft.
Proposed Total Floor Area ___________________________ sq. ft.
Total Allowable Floor Area ___________________________ (Area x _____) [see above table]
Page 3
Total area of land disturbance for project: ________3,222 sq. ft.
1,275 (residence) + 72 (front porch) + 310 (basement) + 1,152 (garage) = 2,809 sq. ft
Area Variance [ZBA approved: November 15, 2019]
Compliance with Zoning Ordinance
Requesting relief from SECTION: ________________________________
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply]
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
3. Whether the requested area variance is substantial?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
5. Whether the alleged difficulty was self-created?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Page 4
Site permeability, modification to conforming structure, shoreline
setback, and lakeshore infiltration practice setback
See attached.
Area Variance [ZBA approved: November 15, 2019]
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
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 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
8 Elevations and floor plans of all proposed and affected structures
B. Water & Sewer Shown on Sheet #
1 Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
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 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 Percolation test location and results
C. Parking / Permeable Areas Shown on Sheet #
1 Number of spaces required for project including calculations and justification: existing &
proposed
2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material [e.g., gravel, paved]
3 Provision for pedestrian and handicap access and parking: 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
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 Signage: Location, size, type, design and setback: existing & proposed
6 Waiver Request: provide letter with application requesting any waivers: please reference
specific items
7 Commercial / Industrial Development requires submission of Landscaping, Stormwater
Management, Grading & Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
Page 5
Attached
L-1.10
L-0.20
L-0.20
L-1.10
L-1.10
L-0.20 & L-1.10
Attached
N/A
N/A
N/A
L-0.20
N/A
N/A
N/A
L-1.10 & L-2.10
L-2.10
N/A
L-0.20
N/A
L-1.10
N/A
N/A
N/A
N/A
N/A
N/A
Area Variance Pre-Submission Conference Form / Section 179-9-040
1. Applicant Name: __________________________________________________
2. Tax Map ID ________________Location:_______________________
3. Zoning Classification __________
4. Reason for Review: __________________________________________________________
5. Zoning Section #: ________________________
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Deed ____ _____________
General Information complete ____ _____________
Site Development Data Complete ____ _____________
Setback Requirements Complete ____ _____________
Additional Project Information Complete ____ _____________
FAR addressed ____ _____________
Compliance with Zoning Ordinance ____ _____________
Checklist items addressed ____ _____________
Environmental Form completed ____ _____________
Signature Page completed ____ _____________
Staff Representative: ________________________________
Applicant / Agent: ________________________________ Date: ___________
Page 6
3 Sons and Holly LLC
239.12-2-57 0.34 ac 28 Holly Lane
WR
Project is for 416 sq ft addition, landscaping lakeside portion of property, rain garden and shoreline plantings, pavers and stone slabs.
179-3-040, 179-6-065, 179-4-080, 147
x
x
x*
x*
x
x
NA
x
dock portion on land
height detail of addition
septic information
lighting, floor plans elevations etc
Laura Moore via email 08/19/2022
Applicant proposes alterations to an existing home and site. The project includes a 416 sq ft addition to the
existing home of 1,275 sq ft footprint. The deck portions include removal of deck/porch areas to construct a new
72 sq ft porch and a 200 sq ft porch. Site work includes installation of an on-grade paver patio area includes stone
slab path, enlarging the fire pit area. In addition, there is to be rain garden and shoreline plantings added to the
site. There is no change to the existing 1,152 sq ft footprint garage with living space. Project is subject to site
plan for new floor area in the cea, expansion of a non conforming structure,hard-surfacing within 50 ft of the
shoreline. Project is subject to an area variance for permeability 68.38%proposed_required 75%_existing 71.6%,
expansion of a non-conforming structure, setbacks for building deck 39 ft, house 44.2 ft, where 50 ft is required,
patio 23.98 ft setback(hard surfacing within 50 ft) and stormwater practice 35ft proposed 100 ft required.
Items reviewed - site plan and area variance applications, site drawing, survey, deed, elevation and floor plans,
narrative
Items to be updated or provided
1) page 2setback/height - specific height of addition should be noted, confirm portion of dock area on land is
accounted for in data sheet and on plans
2) page 3 septic information - BOH reso 4-2022 4 bedrooms (3 bedroom house and 1 bedroom above garage -
need floor plan of garage
3) page 5- will need information on lighting ie confirming any new fixtures to be downcast, floor plans for garage
both levels to confirm 1 bedroom, existing conditions elevation and floor plans for garage and house, porch and
deck area elevations existing and proposed, confirm patio if using permeable paver arrangement, confirm patio
design grading would need details, proposed dry creek bed purpose seems to lead stormwater to the lake which is
discouraged - details needed.
38 High Rock Ave, Suite 3 | P.O. Box 272 | Saratoga Springs, NY 12866 | 518.450.4030
PROPOSED SINGLE FAMILY RESIDENCE SITE IMPROVEMENTS
3 Sons and Holly, LLC
28 Holly Road
Queensbury, NY
AREA VARIANCE APPLICATION – Responses to Criteria
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?
Response 1: The proposed project will not produce an undesirable change to the
character of the neighborhood. A 416 square-foot addition proposed at the front of the
home will improve the appearance of the residence from the street. Site improvements
facing the lake include removing a deck that encroaches into the shoreline setback. The
deck will be replaced with a smaller deck that is more conforming to the shoreline
setback. An-on grade patio is proposed to replace the deck and will be broken up with
bluestone slabs with 3” spacing between the slabs to reduce hardscape near the
shoreline. The existing fire pit area is small, and will be expanded with approximately 123
square-feet of bluestone slabs with 3” spacing between. The spaces between the slabs
will be filled with either pea gravel or groundcover plantings. A rain garden is proposed to
attenuate stormwater created from the proposed impervious surfaces from the addition
and on-grade patios. Furthermore, the existing shoreline buffer will be bolstered with
additional native shoreline plantings that fully comply with the Town of Queensbury’s
shoreline buffer planting requirements in Article 179-8-040, Section B. Overall, the level
and intensity of use of lakeside amenities will also remain the same to existing uses.
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?
Response 2: The existing residence is already non-conforming in that it encroaches on
the 50’ shoreline setback. Thus, any proposed lakeside deck attached to the residence or
lakeside patio greater than 100 square-feet in size is immediately non-conforming and
requires a variance. Various configurations were explored to reduce encroachment into
the 50’ shoreline setback, while also allowing the owner to maintain the same level of
existing improvements. Porous pavers were considered in the design process; however,
infiltration practices have a 35’ setback requirement from the mean high water mark,
which would have made for a small and awkwardly shaped patio.
As it exists, the site’s permeability is 71.60%, which means any additional impervious area
would result in the site being non-conforming. Only 476 square feet of additional
impervious area is proposed, however, due to the site’s small size, this results in a 3.46%
increase in impermeability.
3. Whether the requested area variance is substantial?
The requested variances are not considered substantial. The parcel and structures are
already non-conforming, therefore, any proposed improvements will require variances
and review. Site permeability as it exists is approximately 71.60% , while 68.14%
permeability is being proposed. This results in a decrease of 3.46% permeability. Several
designs were explored to minimize the proposed impervious surfaces, while also allowing
the property owner to enjoy their lakefront.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district?
Response 4: There will not be an adverse effect or impact on the physical or
environmental conditions in the neighborhood. The surrounding neighborhood is
comprised of residential structures of similar sizes and aesthetics. There will actually be a
positive impact on the neighborhood or district. An additional 474 square feet of
impervious area is proposed in exchange for compliant shoreline buffer plantings and
stormwater practices where neither exist today.
5. Whether the alleged difficulty was self-created?
Response 5: The parcel does not meet the minimum lot size, minimum lot width,
minimum road frontage, minimum water frontage, nor the minimum site permeability
per the Town of Queensbury area requirements for the Waterfront Residential district.
Due to the existing non-conforming nature of the lot and existing residence, area
variances to for any proposed additional development on this lot are impossible to avoid.