Application Area Variance Revised June 2009
General Information Q
Tax Parcel ID Number: ' ` C 5 ` ,
A/1 Zoning District: �1 P2_.
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Detailed Description of Project [includes current & proposed use]: TQ ZpOFQUFEN
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Location of project:
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Applicant Name: Address: e-4'/ C S5-Gitas !
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Home Phone Cell:
Work Phone Fax
E-Mail: Vw,¢^fc'S—Js
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Agent's Name: (49AJ OvS45:,-3 d S':61,c�tAddress:
Home Phone Cell:
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E-mail
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Owner's Name Address
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Home Phone Cell
Work Phone Fax
E-mail
Dodge Watkins AV 64-2013
3 Maplewood Drive. Twicwood Phase 2
Town of Queensbury•Zoning Office• 742 Bay Road •Queensbury. NY 12804• 518-761-8238 1
..41141A TOWN
� � OF QUEENSBURY
� o 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
November 14,2013
Matt Steves
Van Dusen& Steves
169 Haviland Road
Queensbury,NY 12804
Re: Lot Line changes
3 Maplewood Drive
5 Twicwood Lane
Tax Map Parcels: 296.9-1-54, 55
Dear Mr. Steves:
I am writing to you in order to document my review of your proposed lot line changes for the
properties at 3 Maplewood Drive and 5 Twicwood Lane in the Town of Queensbury and to
document our conversations regarding the same. Upon review I find that Area Variances and
Subdivision modification will be needed for your project.
Specifically, your project offers the relocation of the common property line between the
referenced parcels and this relocation, as shown on the map provided, creates 3 violations
requiring variances. First, the lot at 3 Maplewood decreases in size and results in a lot size less
than the required 2 acre minimum as called for in the Moderate Density Residential (MDR)
district. Second and third, the proposed lot line creates setback violations to the sheds on both
parcels from the minimum 25 foot side setback requirement of the MDR zone. As discussed, a
minor reorientation of the line may alleviate the need for the shed variances; however the lot size
variance for the Maplewood Drive lot will still be necessary. Subdivision modification is needed
as the subject lots are within a previously approved Planning Board Subdivision.
I understand that you are preparing the necessary application papers; as such this letter will serve
as the necessary denial letter for the Area Variance processing.
Should you have any further questions or comments,please do not hesitate to contact me.
Sincerely,
Town of Queensbury
CA
Craig Brown
Zoning Administrator
CB/sh
Cc: Dodge Watkins,Larry Clute
L:\Craig Brown12013 Letters\Denial Watkins-Clute I 1 14 13.doc
"HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE"
SETTLED 1763
•
Area Variance Revised June 2009
Pre-Submission Conference Form 1179-4-0!!401
1. Tax Map ID &r q—/-5 4/
2. Zoning Classification MO R
3. Reason for Review: c.{;M 11o6i Or rirCt i Z C_ age` [Of((k9-eciLi-S404
4. Zoning Section#: 17C7—2 ---(3 C{
5. Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include:
Deed r/ Yes No
General Information complete 8, Yes No
Site Development Data Complete Yes No
Setback Requirements Complete Yes No
Additional Project Information Complete V Yes No
FAR addressed Yes No
Compliance with Zoning Ordinance Yes No
Checklist items addressed Yes No
Environmental Form completed
4,.
Yes No
Signature Page completed Yes No
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Staff Representative: L� __C C (VsN
Applicant/Agent:
Date: I t H t
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238
Area Variance Revised June 2009
Site Development Data
Area/ Type Existing sq. ft. Proposed Total sq. ft.
Addition sq.ft.
A. Building footprint
2/3-2 c) 2/ 5--r
B. Detached Garage
I C U 0
C. Accessory Structure(s)
32 ' C-) .2. -7
D. Paved, gravel or other hard surfaced area
.7.?C. — /323 3c33
E. Porches/ Decks
3 cab U _F' ) e,
F. Other
C.) U C)
G. Total Non-Permeable [Add A-F]
7iv8 _5"-go
H. Parcel Area [43.560 sq. ft. /acre]
Z s`..-:7*9 /c 4 r 2 )- .(
L Percentage of Impermeable Area of Site [I=G/H]
27. 2 %7 Zi'. c
Setback Requirements
Area Required Existing Proposed
Front [1]
3- S.—3 S-3
Front [2]
3CL) 3 '.3 5' 3
Shoreline
Side Yard [1]
Side Yard [2]
Rear Yard [1]
3- > �v 3U
Rear Yard [2]
_, SU 3 -7
Travel Corridor
Height [max]
G�7 8 p �j
/CJ /8
Permeability 1
-7-5—% —2Z - 3 y 7g' ,- a
No. of parking spaces
a 1
Town of Queensbury •Zoning Office•742 Bay Road •Queensbury. NY 12804 •518-761-8238 2
Area Variance Revised June 2009
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? No
2. If the parcel has previous approvals, list application number(s):
3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program?
1
4. Estimated project duration: Start Date \--1/E d Date
5. Estimated total cost of project:
6. Total area of land disturbance for project:
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 i WR 0.22 1/A.
Commercial Moderate CM
0.3
Commercial Intensive 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 sq. ft. [see above definition]
Proposed Additional Floor Area sq. ft.
Proposed Total Floor Area sq. ft.
Total Allowable Floor Area (Area x ) [see above table]
Town of Queensbury•Zoning Office •742 Bay Road • Queensbury. NY 12804• 518-761-8238 3
Area Variance Revised June 2009
Compliance with Zoning Ordinance
Requesting relief from SECTION: /)Q— 3--U l O
Need relief from the requirement(s) listed below which can not be met by thv project as proposed.
(Check all that apply] • Setback Buffer Zone Lot Width )cOthey 417?
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?
40 I 4" S —7i it — _
/a0 DI.)sr A 7" per/ y
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?
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3. Whether the requested area variance is substantial?
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4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
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5. Whether the alleged difficulty was self-created?
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Town of Queensbury •Zoning Office•742 Bay Road •Queensbury, NY 12804•518-761-8238 4
Area Variance Revised June 2009
Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted below.
A. GENERAL SHOWN ON
SHEET#
1 Title. Name.Address of applicant&person responsible for preparation of drawirg
S'I
2 Deed ADP
3 North arrow,Tax Map ID,date prepared and scale[minimum 1In.=40 ft.]
S-/
4 Boundaries of the property plotted to scale,zoning boundary
S— 1
5 Principal structures.accessory structures with exterior dimensions
,- f
6 Site improvements ircl.outdoor storage areas,driveways,parking areas,etc.: existing&proposed
r
7 Setbacks for all structures and improvements: existing&proposed
8 Elevations and floor plans of all proposed and affected structures i/n
B. WATER&SEWER SHOWN ON
SHEET#
1 Project sewage disposal facilities,design details,construction details,flow rates,and number of bedrooms proposed
i...1
2 Water supply[i.e. well] &septic on adjoining lots with separation distances to existing or proposed on-site water supply and ��
septic fV
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 securirg public or private water. location, design and
construction of water supply including daily water usage 5
5 Percolation test location and results I
C. PARKING/PERMEABLE AREAS SHOWN ON
SHEET#
1 Number of spaces required for project including calculations and justification: existing&proposed 1s--1 /�
2 No of existing parking spaces,number to be removed,number to maintain and type of surfacing material[e.g.,gravel, paved] N/14
3 Provision for pedestnan and handicap access and parking: existing&proposed /4
4 Design details of ingress,egress loading areas and cutting: existing&proposed S
5 Location and character of green areas[existing and proposed].modification to green area. buffer zone to remain undisturbed .5' t
6 Lighting, location and design of all existing and proposed outdoor lighting ?"--3 /„
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 l!T
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. N/!T
4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing &
proposed p k./
e Signage: Location,size type.design and setback: existing&proposed
f Waiver Request: provide letter with application requesting any waivers: please reference specific items 0
g Commercial/Industrial Development requires submission of Landscaping,Stormwater Management.Grading&Lighting Plans �
h Identification of Federal. State or County permits required for the project together with a record of application for all necessary t 1
permits , N
Town of Queensbury•Zoning Office • 742 Bay Road •Queensbury. NY 12804• 518-761-8238
•
Area Variance Revised June 2009
Signature Page
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: Variance Site Plan Subdivision
For Tax :• No.: Section Block Lot
Deed Re -ren..p!` Book Page Date
OWNER SIGNATURE: _� DATE: of �2�/2(g%�
APPLICANT'S AGENT FORM:
Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party:
Owner: —12)0 d , tk .-E-k:tnS
Designates: (`lIC1 eu s - v Cr.i us eA S--e3 &
As agent regarding: Variance Site Plan Subdivision
For Tax Milo.: Section Block Lot
Deed Ref enc Book Page Date
OWNER SIGNATURE: 4.6 'V.ct�a DATE: 5/2bP2Q1 '.
2.1 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 S 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 I/we 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
I e read and agree to the above.
A � We,-t- ,4_5 2s.
Signatur A js an 'rint Name [Applicant] Date signed
�� r1/31-"TifFcJ .5-7- --z 's /!— -- lJ-.
Signature [Agent] Print Name [Agent] Date signed
Town of Queensbury•Zoning Office• 742 Bay Road •Queensbury, NY 12804• 518-761-8238 9
WARREN COUNTY
PAMELA J. VOGEL
COUNTY CLERK
I Lake George, N 12 4 OGUMENT 4�]��r�7��r+�i
a
E= 36161r-PAGE= 127
60 2008 00007005
Instrument Number: 2008- 00007005
As
Recorded On: August 19, 2008 Deed
Parties: CLUTE LARRY W
To
WATKINS DODGE Billable Pages: 3
Recorded By: TRUSTCO BANK Num Of Pages: 4
Comment:
** Examined and Charged as Follows: **
Deed 34.50 Cover Page 5.00 RP-5217 Resid/Agric 75.00
TP-584 5.00
Recording Charge: 119.50
Consideration
Amount Amount RS#(CS#
Transfer Tax 1,076.00 269.000.00 TT 122 Basic 0.00
QUEENSBURY Special Additional 0.00
Additional 0.00 Transfer 1,076.00
Tax Charge: 1,076.00
RECORDED
County Clerks Off ice
Aus 19,2008 09:29A
Pastels. J. Vosel
Verret.' County 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: 2008-00007005 DAVID AVIGDOR
Receipt Number: 84952 PO BOX 159
Recorded DatefTime: August 19, 2008 09:29:23A LAKE LUZERNE NY 12846
Book-Vol/Pg: Bk-RP VI-3616 P9-127
Cashier f Station: S Steen f Cash Station 3
9�E
arc
UMENT' 0000705
VOLUME: 3616 PAGE- 108
0
1v 4.)
1 This Indenture State of New York
County of Warren )ss.:
Made this '7 day ofd, At s.r-t—
Two Thousand and Eight v A.D.,2008 at o'clock_M
in liber of Deeds at Page
and examined.
Clerk
Between
LARRY W.CLUTE,6 Holden Avenue,Queensbury,New York, 12804,
party of the first part,and
DODGE WATKINS AND SANDRA WATKINS,residing at 1734 N. Shore Rd.,Hadley,NY, 12835,
its 4x 1, -Kt. GA.3 rt4y
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
land release unto the party of the second part,their heirs and assigns forever,ALL THAT TRACT OR PARCEL
OF LAND, situate in the Town of Queensbury, Warren County, New York, and more particularly described in
Schedule A hereto annexed.
Being the same premises conveyed to Larry W. Clute by deed from Marjorie Killian f/kla Marjorie K.
Rodriguez dated December 8,2006 and recorded in the Warren County Clerk's Office on December 28,2006 in Book
3153 of Deeds at Page 245.
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,their heirs and assigns
forever.
And said party of the first part covenants as follows:
First, That the parties of the second part shall quietly enjoy the said premises;
DOCUMENTT orar-JJ1371)05
1tOLUI'!E: 3616 PAGE: 129
Second,That said party of the first part will forever Warrant the title to said premises.
Third,That, in Compliance with Sec. 13 of the Lien Law,the grantor 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.
In Witness Whereof,the party of the first part has hereunto - is hand .1 d seal the day and year first
above written.
In Presence of
'YW.CLUTE
State of New York )
)ss.:
County of Warren )
Am krf
On the '7 day of 2008,before me,the undersigned,personally appeared LARRY W. CLUTE
personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within Instrument and acknowledged to me that he executed the same in his capacity,and that by
his signature on the instrument,the individual,or person upon behalf of which the individual acted, executed the
instrument.
No Public
Record & Return
l� Y C.Srt.t>S HUf U NLcrR:
York
t L V Of NOtArTy IPrC;:F
0 n Washington County No 4949151
Y► V I Commission Expires 4/03! /I
LAS
SCHEDULE "A"
v DOCUMEHTT 00007n05
OLUME. 3 16 SAGE- 130
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, and more
particularly bounded and described as follows:
Being Lot#90 (ninety) as shown on a Map of Section Two Twicwood, a
Subdivision owned by Goss B. Twichell, Town of Queensbury, Warren County, New
York, dated September 1, 1972, made by John B. VanDusen, Licensed Land Surveyor,
filed in the Warren County Clerk's Office on January 22, 1973.
A new configuration description is as follows:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in
the Town of Queensbury, County of Warren and the State of New York, more
particularly bounded and described as follows: BEGINNING at a point in the southerly
bounds of Maplewood Drive at the northeast corner of Lot 90 and the northwesterly
corner of Lot 91 as shown on a map of Section Two of Twicwood Subdivision by John
B. VanDusen dated September 1, 1972; running thence South 18° 44' 15" East, along
said Lot 91 a distance of 121.18 feet; thence running along the southerly bounds of the
newly proposed Lot 90 the following two courses and distances:
(1) South 71°15'45"West, a distance of 90.93 feet;
(2) North 38°42'37' West, a distance of 20.56 feet to the original lot line between
Lots 89 and 90; thence running along the same South 71°15'45"West, a distance of
76.47 feet; thence running along the newly defined Lot 90, the following two courses
and distances:
(1) North 26°23'22" West, a distance of 51.24 feet;
(2) South 88°24'01" West, a distance of 23.94 feet to a point in the easterly
bounds of Twicwood Lane; thence running along the same, North 11'22'00"West, a
distance of 66.68 feet to Maplewood Drive; thence running along said Maplewood Drive
the following four courses and distances:
(1) Running along a curve to the right having a radius of 25.00 feet a distance of
39.27 feet;
(2) North 78°38'00" East, a distance of 80.00 feet;
(3) Running along a curve to the right having a radius of 141.78 feet, a distance
of 59.90 feet;
(4) South 77°09'15" East, a distance of 26.02 feet to the point and place of
beginning, containing 0.59 acres of land to be the same more or less.
SUBJECT to an easement for the benefit of Lot 89, for ingress and egress over
the driveway, as the same exists as of October 16, 2006, from the original north line of
Lot 89, Section Two Twicwood Subdivision over Lot 90 to Twicwood Lane.
Bearings given in the above description refer to magnetic north. Subject to
easements of record.
Together with all enforceable easements, grants, covenants, conditions and