Application 0* TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
May 21,2015
Ken Walker
34 Westberry Way
Queensbury,NY 12804
Re: Survey-Waiver Request for Area Variance
Tax Map Parcel: 308.7-1-20
Address: 34 Westberry Way—Town of Queensbury,NY
Second Garage 900 sq. ft.
Dear Mr.Walker:
I am writing you with regards to your requested survey-waiver. Chairman Steven Jackoski has
granted your waiver request. The requested variance for the 900 sq.ft.detached garage placement
is not considered dimensional relief. Your requested relief is for a second garage where only one
is allowed.
Should you have any questions or comments regarding your application, please do not hesitate to
contact this office.
Sincerely,
Craig Brown
Zoning Administrator
CB/sh
Cc: Laura Moore,Land Use Planner
L:\Craig Brown\2015 Letters\Waiver Walker 34 Westberry Way 5_21_2015.doc
"HOME OF NATURAL BEAUTY. . .A GOOD PLACE TO LIVE"
SETTLED 1763
ilw-
Kenneth J Walker RECEIVED�I�®�
34 West Berry Way j` r D
Queensbury, NY 12804
518-798-7532 MAY 1 5 2315
TOWN OF QUEENSBURY
ZONING OFFICE
r r r' r---,'
:01
Zoning Board Chairperson
I am writing this letter to request a waiver from getting a new signed and stamped
survey for this variance request. I am making this request based on the variance
being for a second garage and not a distance set back issue. I have enclosed with my
packet a copy of the original survey and a second copy that shows the existing
changes and the proposed project.
Tha ou fe your time and consideration on this matter
/ 7 6-/
.•r.ially
ipp,
enneth J Walker
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so �" -° TOWN OF QU EENSBURY
00,0,01
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
May 12,2015
Kenneth J Walker
34 Westberry Way
Queensbury,NY 12804
Re: 900 sf detached garage
34 Westberry Way
Tax Map Parcel: 308.7-1-20
Dear Mr. Walker:
I am writing you to in response to my review of a plan submitted to this office relative to the
above-referenced project and to document our recent conversations regarding the same.
I have reviewed the plans and find that the project will require an Area Variance from our Zoning
Board of Appeals. Specifically, an Area Variance is required as your proposal calls for the
construction of a second garage on your property at 34 Westberry Way where only one such
structure is allowed.
The following items need to be addressed, based on my review of the plans submitted to date:
• Stamped,signed survey map depicting the proposed garage and the proposed setbacks.
• Completed Area Variance application
I understand that you and your agent have begun the preparation of the necessary application
materials. Please note our established pre-submission meeting requirements and our submittal
deadline when preparing your application materials. Should you have any questions or comments
regarding your application please do not hesitate to contact this office.
Sincerel ,
Craig Brown
Zoning Administrator
CB/sh
Cc: Laura Moore, Land Use Planner
L:\Craig Brown\2015 Letters\Denial Walker 5_I2_I5.doc
"NOME OF NATURAL BEAUTY. . .A GOOD PLACE TO LIVE"
SETTLED 1763
Pre-Submission Conference Form [179-4-0401
1. Tax Map ID 30• 7 ^ f -
2. Zoning Classification r' ` vi -- [ C'
3. Reason for Review: pro rri ~� 6;
4. Zoning Section #: fn '' 17C1 _ c -02c; 4CCPJs()rtStcut/\YQ
d n
5. Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include:rt
�g c r:cnct -
Deed Yes No
-
General Information complete Yes No
p--"Yes
Site Development Data Complete //Yes No
Setback Requirements Complete r/Yes No
Additional Project Information Complete i/Yes No
FAR addressed PT Yes No
Compliance with Zoning Ordinance ✓Yes No
Checklist items addressed �Yes No
Environmental Form completed p4Yes No
Signature Page completed iYes No
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Staff Representative: • C( c/`Z f. C9C)NQ
Applicant/Agent: ( . 1
Date: kr42
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Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238
(i1/4... A.R ji
General Information
RECfIVED
Tax Parcel ID Number: 30$-J- t ' g o
MAY 15 - 1
Zoning District:
TOWN OF QUE4 /Pr /-7
Detailed Description of Project [includes current& proposed use]: ZONING OFFIC
X 30 42 �4L Cc. �c �/1GUS-e_ %/VGA itckU\ Gt
M <f Peki .i✓�G' -- C,lfis"l c CrAr- ay. �[SS�\' c. SP
``
Location of project:
w 13crry w �1 (;1ueer,51ccry /`lte 1 31r09
614801 r— pig- bdst
Applicant Name: Address:
I ri W,4)kc,1L '�� we-54 ieef-/ wa
Home Phone Cell:
5If 1qt- '1532- 518 G83 — ISiy
Work Phone Fax
E-Mail:
CVcres4rvkL5 Ye.kao.cor'"
Agent's Name: Address:
Home Phone Cell:
Work Phone Fax
E-mail
Owner's NameKe,� �1/ —Address 3�{w,cc,� ( ,r tAr�,y
Fe✓ au?e+s11,... 11411 1 IM
Home Phone ( )1 15 �� Cell Cs\s>cas6-1_ j5 kLA
Work Phone Fax
E-mail ev
f 1
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238
Site Development Data
Area /Type Existing sq. ft. Proposed Total sq. ft.
Addition sq.ft.
A. Building footprint
/F‘V I CS4-1
B. Detached Garage
A/OHE qoo q C>6
C. Accessory Structure(s)
I to ti E -` C
D. Paved, gravel or other hard surfaced area
yo )5-o0 acp1_\cp
E. Porches/ Decks n net-A /$ i ( 3UQ
7 . %.1
F. Other
,Poe% Peat ,acct /7I/ f I IUq
G. Total Non-Permeable [Add A-F]
H. Parcel Area [43,560 sq. ft. / acre]
S
-24JVv y 36, ��� 75
I. Percentage of Impermeable Area of Site [I=G/H] 1��D - WIX
Setback Requirements
Area Required Existing Proposed
Front [1] r
Front [2] 3 p / 3 , -
Shoreline --_--
Side Yard [1] , IS ' - eaS1/4- 5' t.
/d/;^0 -)-Cr.) .k- pkkds wee,4-
Side Yard [2]
Rear Yard [1]
Rear Yard [2]
Travel Corridor
Height [max] '
_ g, 9 as
Permeability
3/C53'E, 69V,5-3,
No. of parking spaces i b--
2
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road• Queensbury, NY 12804•518-761-8238
I
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 NYS DEC Stormwater Pollution Prevention Program?
Yes No
4. Estimated project duration: Start Date ?—/S-/I End Date ' —/-15°-
5. Estimated total cost of project: 4/)j 000,00
6. Total area of land disturbance for project: (;,' lid-1k-d,na Prz, 4 c1�rr„�wcty
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
Main Street MS 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.
A. Parcel Area YG 6n. 2-1. sq. ft.
B. Existing Floor Area ,r/a 9 sq. ft.[see above definition]
C. Proposed Additional Floor Area 6/-47/10 D sq. ft.
D. Proposed Total Floor Area 7c 9 sq. ft.
E. Total Allowable Floor Area 2 2-S Fr. "7 (Area x o. 3 ) [see above table]
*if E is larger than D, a variance or revisions to your plan may be needed. Please consult
w/Staff.
3
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238
Compliance with Zoning Ordinance
Requesting relief from SECTION: 1 -6 S - D9-0
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
(Check all that apply] 0 Setback 0 Buffer Zone 0 Lot Width Other 144-1-0,c-kd-d 4r41,5L.
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 detrirr t to
nearby property will be created by the granting of this area variance?
See _, c 1�P A
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?
�ee c c c A
Cvn ,�P�
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?
A-c-.c1"-N-Q�
5. Whether the alleged difficulty was self-created?
G
4
Area Variance Revised March 2014
Town of Queensbury•Zoning Office• 742 Bay Road•Queensbury, NY 12804•518-761-8238
A-1
I do not believe building this garage will create an undesirable change to the
character of the neighborhood, as the garage will be built to blend into the overall
scheme of the neighborhood by matching the siding and roofing materials used on
the existing structure. The surrounding landscape will be used to enhance the
overall esthetics of the project. This project will also not create any additional
traffic flow nor will it be used to maintain or repair personal vehicles other than the
classic car housed there. I also do not believe this project will cause a decrease in
my neighbors enjoyment or use of their property. Nor do I believe it will decrease or
increase the value or salability.
A-2
I do not feel that there is a more feasible option. Based on the cost of buying
property to build a structure on and then the cost of the structure would be beyond
my economic capabilities. To rent a space that would fit the needs, like heat, enough
space to repair and maintain the car and transporting tools back and forth would
cost hundreds of dollars a month and would not be cost effective and in the end you
have nothing tangible to show for the money spent. I do believe that the increased
value of my property and the increased tax levy will be good for all.
A-3 I do believe this project is substantial based on its price and size but not overly
substantial based on other sheds and second garages in the neighborhood. I also do
not feel it will have a substantial effect on the surrounding neighborhood. It will be
partially blocked on one side by the buffer of trees I left for privacy, the other side
by the house and the back will face my back yard and pool area. The front will be
visible and will be landscaped to compliment the neighborhood. I sometimes feel
sheds that don't have a set back and are placed within feet of the property line will
produce a more negative effect on the neighborhood. Especially having to look at
the back of an un-kept and/or metal shed which is an eye sore to the neighborhood
unlike this project will be.
A-4
I do not believe this project will have a negative effect on the physical or
environmental conditions of the neighborhood or district as there will be no water
or sewer service in the proposed garage. I also do not think it will affect the water
run-off in the neighborhood. The amount of permeable ground left on the property
and the sandy soil content will not allow for standing water.
A-5
Honestly,yes this was self-created, but really isn't everything in life? It was created
by a life of hard work, so as I become older I am able to afford and enjoy things like
this. It was created by the desire to invest in my home and invest my self into the
community where I choose to live. In closing I would like to thank Laura Moore and
Craig Brown for their help and guidance in this process and I would also like to
thank the board for their time in considering this project.
r
Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall
include the items as noted below.
A. GENERAL SHEET#
1 Title, Name,Address of applicant&person responsible for preparation of drawing
2 Deed 10-r
3 North arrow,Tax Map ID, date prepared and scale[minimum l ln.=40 ft.]
4 Boundaries of the property plotted to scale,zoning boundary S_ 1
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 -LS C�—
F R8 Elevations and floor plans of all proposed and affected structures S.t=-RS F -t--
B. WATER&SEWER 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 S_
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 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 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
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, 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 permits
5
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury,NY 12804•518-761-8238
r-
'
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 APPLICANT is unable to attend the meeting or wishes to be represented by another party:
Owner:
Designates:
As agent regarding: Variance Site Plan Subdivision
For Tax Map No.: Section Block Lot
Deed Reference: Book Page Date
APPLICANT SIGNATURE: DATE:
2.) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design,
storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged
directly to the applicant. Fees for engineering review will not exceed$ 1,000 without notification to the applicant.
3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner,
Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject
properties for the purpose of reviewing the application submitted.
4.) OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval
by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits.
5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated
stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those tapes constitutes
the official record of all proceedings.
6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the
instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced
prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete
statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the
approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my
agents,will obtain a certificate of occupancy)a�s necessary. I also understand that I/we may be required to provide an as-built survey by
a licensed land surveyor of all newly conttrdcted facilities prior to issuance of a certificate of occupancy
I have read - d ee ' the above.
(A-/ 1/VA )/('\/\_ Li4 Sj )
tr
Signa e ••Iicant] Print Name [Applicant] Date sign
Signature [Agent] Print Name [Agent] Date signed
7
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238
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Printed 5/6/2015 1 : 850 _Page 1 / 1
PENNOCK, BREEDLOVE & NOLL, LLP
ATTORNEYS AT LAW
1407 RT. 9,Nine North
Building 4,2nd Floor
Clifton Park,New York 12065
Tel(518)383-9400
Fax(518)383-1959
John H.Pennock,Jr.
Brian H.Breedlove Dominick J.Viscard
Carrie McLoughlin Noll Supreme Court Justice,Retired
Of Counsel
Tracy M.Larocque
William C.Firth Ticonderoga
March 19, 2007
Ken &Erika Walker
34 Westberry Way
Queensbury, New York 12801
Re: Tra-Tom Development, Inc. to Walker
34 Westberry Way
Queensbury, New York 12801
Dear Ken and Erika:
Enclosed please find your original Deed in regard to the above-referenced matter. The Deed was
filed with the Warren County Clerk's Office on March 7, 2007 in Book 3209 of Deeds at Page
265. Please keep the Deed in a safe place for future reference.
Sincerely,
CARRIE McLOUGHLIN NOLL
CMN:pmf
Enclosure
WARREN COUNTY
PAMELA J. VOGEL
111
111110 I�� COUNTY CLERK 7-.-,,�=UF !--.. i'a p`y#e fi <0 01 0 0 '_
00111 110
Lake George, NY 12845 ' 1= -' r= .3'2e ^`.�
60 2007 00002336
Instrument Number: 2007- 00002336 i-tECEi1/E }
As
Recorded On: March 07, 2007 Deed MAR 1 4 ?IV?
Parties: TRA TOM DEVELOPMENT INC
To
ar1flOCk,dfQ?d14YB NoH l�N
WALKER KENNETH J Billable Pages: 1
Recorded By: JORDAN & KELLY LLC Num Of Pages: 2
Comment:
** Examined and Charged as Follows: **
)eed 28.50 Cover Page 5.00 RP-5217 Resid/Agric 75.00
P-584 5.00
Recording Charge: 113.50
Consideration
Amount Amount RS#/CS#
ransfer Tax 1,500.00 374,764.00 TT 1905 Basic 0.00
QUEENSBURY Special Additional 0.00
Additional 0.00 Transfer 1,500.00
Tax Charge: 1,500.00
** 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
'ile Information: Record and Return To:
Document Number: 2007- 00002336 PENNOCK BREEDLOVE & NOLL LLP
Receipt Number: 26727 1407 ROUTE 9 NINE NORTH
Recorded Date/Time: March 07, 2007 09:22:05A BUILDING 4 SECOND FLOOR
Book-Vol/Pg: Bk-RP VI-3209 Pg-264 CLIFTON PARK NY 12065
Cashier/Station: S Deak / Cash Station 2
Cl COPY
�G 0 DOCUMENTII. 00110-;'33040--°C-‘c)c141'
J � \ VOLUME a 73209 PAGE a 265
\Q + f
` �� Ttlitc""3Jnbeitture madethzr �) ap ' 4 ?)(1r7
3etb3eett
Tra-Tom Development, Inc., a New York Corporation,with principal offices located at 677 Route 9, Gansevoort,
New York 12831 partp of the first part, and
\h z Kenneth J. Walker and Erika B. Walker, husband and wife, both currently residing at 63 Hudson Street,
nO Warrensburg, New York 12885
parte of the second pail,
V itneosetij that the partp of the first pant, in carurderation f One And no/100 7,111n.(,V7.00/I00-)laxf I nrenep of the ginned 33 tato:paid
by the parte fthe second part, doer herebpgrant and release unto the partp of the second part, the heirs or successors and asrlyu ofthe parip of the second
partf neve;all
THAT TRACT,PIECE OR PARCEL OF LAND situate,lying and being in the Town of Queensbury, County of Warren, State
of New York, described as follows:
BEING shown and designated as Lot No. 27 a/k/a 34 Westberry Way,described on a filed subdivision map entitled"
Subdivision Plan,Richard P. Schermerhorn, Sherman Avenue,Town of Queensbury", County of Warren,New York,made by
Van Dusen&Steves Land Surveyors,dated February 11,2003,last revised March 17,2004,and filed in the Warren County
Clerk's Office on April 2,2004 in Plat Cabinet B as Map 251.
BEING a portion of the premises as described in the Warranty Deed to Tra-Tom Development,Inc. From Burnt Hills,LLC,by
virtue of Warranty Deed with Lien Covenant dated January 4,2005 and recorded in the Warren County Clerk's Office on January
5,2005 Book 1426 of Deeds at Page 89.
SUBJECT to any and all covenants,conditions, easements and restrictions of record.
The conveyance herein does not constitute all or substantially all of the assets of the party of the first part and said conveyance is
made pursuant to a resolution of the shareholders of said party of the first part and is made in the regular course of business of
the said party of the first part.
' o getljer with the appurtenances and all the estate and righty ofthe partp of the first part in and to said premises,
Lo babe anb to ljolb the premises herein granted unto the parte of the second part, the heirs or successors and assigns fthe
partp ofthe secondpart,f rever.
anb the partp of thef[rst part covenants acfollorm..
jfirtit, that the parte fthe second part shall pie*ecop said premises
reconb,that the parte of the first part willforever warrant the tide to said premises
Rirb, the parip of the first part, in compliance with ()Section 13 of the covenants that the parip of thefts"part
will receive the considerationfar this convepance and will hold the right to receive such consideration as a-trustfund to be appliedfirst fir the
purpose of paping the cost oldie improvement and will applp the same first to the papment of the cost ofthe improvement b f re using any part
of the total ofthe samefor anp other purpose.
the termu parte ofthe first par["acrd partp ofthe second pan'shall be read as "parties f the firs!part"arid parties etthe second part"whenever the sense
afthu deed so requires
In ^itnegg 'Wfjereof, the parte of/hefrrst part has dulp executed this deed the dap and pearirst above written.
- •M DEVELOPMENT !' .
Gln Pregence of
i
.fir.
THOMAS J. FARO P., JR.,PRESIDENT
STATE OF NEW YORK, COL, TY OF SARATOGA ss.:
On the LS day of L�_t�nvti..IpQ ✓ in the year 2006 before me,the undersigned,personally appeared
Thomas J. Farone, Jr.,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 the person upon behalf of which the indivi. a . ted,executed the instrument.
01111
NOTARY P.:
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Qualified in Albany County
(ljJ i L o i Ivo se co no PL-DO(- No.5009354 2-")-1Commission Expires March 8,
CAA CW' P(L 11 2010
C:\MyFiles\FARONE\Pine Ridge Estates\Walker Deed.wpd
COPY
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