Application Area Variance Revised June 2009
General Information i V ,
Tax Parcel ID Number: 2 9‘ _ Nov 1 113
Zoning District: A`j Z , TOWN OF QUEENSBURY
ZONING OFFICE
Detailed Description of Project [includes current & proposed use]:
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Location of project:
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Applicant Name: Address: -5- -Tw,Gi c ...D L i .-
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Home Phone Cell:
Work Phone Fax
7493-?z
E-Mail:
Agent's Name: i/A...) Dv 41 Address: /‘q
Home Phone Cell:
Work Phone Fax
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E-mail /74;�Glie.,
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Owner's Name Address
Home Phone Cell
Work Phone Fax
E-mail
Larry W. C l ute AV 65-2013
5 Twicwood Lane, Twicwood Phase 2
Town of Queensbury•Zoning Office• 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 1
..001111a8 TOWN OF QUEENSBURY
0,41 742 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
Craig Brown
Zoning Administrator
CB/sh
Cc: Dodge Watkins,Larry Clute
L:\Craig Brown12013 Letters\Denial Watkins-Clute 1 114 13.doc
"HOME OF NATURAL BEAUTY. . . A GOOD PLACE TO LIVE"
SETTLED 1763
Pre-Submission Conference Form 179-4-040 Area Variance Revised June 2009
1. Tax Map ID 03q .. `1—/—S 1
2. Zoning Classification / 1()/
3. Reason for Review: ,. , k - ( k 9 ecp brirdseZC al*r
4. Zoning Section #: 1-7c7— --0 ,-(0
5. Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include:
Deed
General Information complete Yes No
Yes No
Site Development Data Complete
S
7 Yes
etback Requirements Complete �`Yes No
Additional Project Information Complete V Yes No
FAR addressed No
Compliance with Zoning Ordinance Yes No
Yes No
Checklist items addressed
Environmental Form completed Yes No
Signature Page completed L Yes No
✓ Yes No
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Staff Representative: LLtuJ CC._ ;r\PN
Applicant/Agent:
Date: iil ,th '2________
Town of Queensbury•Zoning Office• 742 Bay Road •Queensbury, NY 12804-518-761-8238
6
Area Variance Revised June 2009
Site Development Data
Area 1 Type Existing sq. ft. Proposed Total sq. ft.
Addition sq. ft.
A. Building footprint
26 3 3z6 3
B. Detached Garage
C. Accessory Structure(s)
2c) - —7
D. Paved, gravel or other hard surfaced area
/U 9 / /96)4 3c�v
E. Porches / Decks
F. Other
37-7
G. Total Non-Permeable [Add A-F]
737
H. Parcel Area [43,560 sq. ft. 1 acre]
I. Percentage of Impermeable Area of Site [1=G/F1]
f U
Setback Requirements
Area Required Existing Proposed
Front [1]
Front [2]
Shoreline
Side Yard [1]
Side Yard [2]
zs--* / 1/• s�
Rear Yard [1]
Rear Yard [2]
Travel Corridor
—
Height [max]
a ZU �G
Permeability
mss' % f'Z, 3 % 7 2 %
No. of parking spaces
Town of Queensbury•Zoning Office• 742 Bay Road • Queensbury, NY 12804• 518-761-8238 7
Area Variance Revised June 2009
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? "%JO
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 j■ ] /4 End Date
5. Estimated total cost of project: /J /� /
6. Total area of land disturbance for project: /•/1
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 CM f� , / 0.3
Commercial Intensive CI 1 v 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: / 7 9
Need relief from the -is* - --nt(s) listed below which can not be met by the project as proposed.
[Check all that apply] • Setback Buffer Zone Lot Width Other
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?
"4,7 3-zi r —mot j-; ?— J1 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?
No — /ate ���`ai �.� e .
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?
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
1 Title. Name,Address of applicant&person responsible for preparation of drawing SHEET#
2 Deed f�t1�
3 North arrow.Tax Map ID,date prepared and scale[minimum 1In.=40 ft.] "d°�
4 Boundaries of the property plotted to scale,zoning boundary r l
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. N
WATER&SEWER SHOWN ON
1 Project sewage disposal facilities,design details,construction details,flow rates.and number of bedrooms proposed SHEET#
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 S •�/
5 Percolation test location and results
C. PARKING f 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
S
5 Location and character of green areas[existing and proposed].modification to green area. buffer zone to remain undisturbed I 1
6 Lighting,location and design of all existing and proposed outdoor lighting
D. ADDITIONAL SITE DEVELOPMENT AND MISCELLANEOUS HO /
SHOWN ON
SHEET#
1 Or-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
e Signage: Location,size.type,design and setback: existing&proposed
f Waiver Request: provide letter with application requesting any waivers: please reference specific items
g Commercial/Industrial Development requires submission of Landscaping, Stomiwater 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
_ permits
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 Map No.: Section Block Lot
Deed Reference: Book Page Date
OWNER SIGNATURE: DATE:
APPLICANT'S AGENT FORM:
Complete the following if the APP CANT is unable to attend the meeting or wishes to be represented by another party:
x Owner:
Designates: � ...MG.<
As agent regardic4 ,i .nco Site Plan Subdivision
For Tax Map _r -cf:` / Block s`. Lot
Deed Ref e •-. Page Date
X OWNER SIGNATURE: ,,,0111I•, DATE: 4-7 3
2.) ENGINEERINC3. DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design,
storm drainage, 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 -•" cate of occupancy as necessary. I also understand that I/we may be required to provide an as-built survey by
a licensed Ian. rveyor.f a/ll�wly constructed facilities prior to issuance of a certificate of occupancy
I hay- re-. and .i',,• - T�above.
l y //J, //-/-/
Si ature :ppli - Print Name [Applicant] Date signed
/ a G ��
' Si.Si�gent] Print Name [Agent] � l�
[ 9 ] Date signed
Town of Queensbury•Zoning Office• 742 Bay Road • Queensbury, NY 12804•518-761-8238 9
DO':UMENTi 001)13433
f ' V O 60 VOLUME: 3153 PAGE: 2511
t1
2�Q S' WARRANTY DEED
` l, THIS INDENTURE, made the 8th day of December, 2006, between
n4
GRANTOR: MARJORIE KILLIAN (fika MARJORIE K. RODRIGUEZ)
10 Hampton Court
Queensbury, New York 12804
and
GRANTEE: LARRY W. CLUTE
6 Holden Avenue
Queensbury, New York 12804
WITNESSETH, that the grantor, in consideration of One Dollar and other good
and valuable consideration paid by the grantee, hereby grants and releases unto the
grantee, the heirs or successors and assigns of the grantee forever,
5 Twicwood Lane
Town of Queensbury, County of Warren
State of New York
Tax Map #: 296.9-1-55
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#89 (eighty-nine) 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.
Together with all enforceable easements, grants, covenants, conditions and
restrictions of record.
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 easterly
bounds of Twicwood Lane at the southwest corner of Lot 89 and the northwest corner of
Lot 88 as shown on a map of Section Two of Twicwood Subdivision by John B.
VanDusen dated September 1, 1972; thence running North 11°22'00" West, along said
Twicwood Lane, a distance of 206.41 feet to a point therein for a corner; thence running
along a proposed new line between Lots 89 and 90, the following two courses and
distances:
DOCUNENTY 00013633
VOLUME : 3153 PAGE : 51
North 88°24'01" East, a distance of 23.94 feet;
South 26°23'22" East, a distance of 51.24 feet to the original line between Lots
89 and 90; thence running along the said original line, North 71°15'45" East, a distance
of 76.47 feet to a point therein for a corner; thence running along the new proposed line
between Lots 89 and 90, the following two courses and distances:
South 38°42'37" East, a distance of 20.56 feet;
North 71°15'45" East, a distance of 80.93 feet to a point in the westerly bounds of
Lot 91; thence running along the same South 18°44'15" East, a distance of 127.54 feet
to the southwest corner of Lot 91 and the southeasterly corner of Lot 89; thence running
South 71°15'45" West along the southerly bounds of said Lot 89, a distance of 220.60
feet to the point and place of beginning, containing 0.71 acres of land to be the same
more or less.
ADDITIONALLY granting an easement, in common with others, 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.
BEING the same premises conveyed from Richard Rodriguez and Marjorie K.
Rodriguez to Marjorie Killian (f/k/a Marjorie K. Rodriguez) by Bargain and Sale deed
dated November 20, 2006 and filed in the Warren County Clerk's Office simultaneously
herewith.
TOGETHER with the appurtenances and all the estate and rights of the Grantor
in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the Grantee, their
heirs and assigns forever.
AND said Grantor covenants as follows:
FIRST, That the Grantee shall quietly enjoy said premises;
SECOND, That the Grantor shall forever Warrant title to said premises;
THIRD, That in Compliance with Section 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.
DOCUr1ENT4 00013633
VOLUME : 3153 PAGE: 252
If there are more than one Grantor or Grantee, the words "Grantor" and
"Grantee" used in this deed include them.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the
day and year first above written. 7
!N PRESENCE OF L.S.
arjorie Killian
STATE OF NEW YORK
) ss.:
COUNTY OF WARREN
On the Srt-t day of December in the year 2006. before me,the undersigned, a Notary Public in and
for said State, personally appeared Marjorie Killian, 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 to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s)on the instrument,the individual(s)or the person upon behalf of which the individuals)acted.
executed the instrument.
b tL bge -Y:k r oxd
Notary Public
LORI A. LOPEZ-HAMMOND
Notary Public, State of New York
R&R: Timothy S. Shuler, Esq. Saratoga County No.01L05038752
McPhillips, Fitzgerald &Cullum, LLP Commission Expires February 8, 7
288 Glen Street, PO Box 299
Glens Falls, New York 12801
(518)792-1174