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Application
February 201 1 ZBA Inwald Enterprises c/o Robin Inwald Area Variance - 2011 Cross Ref. SP - 2011 ( cross ref. AV 68-2008, SP 38-2008, BP 2009-384 The building as constructed, does not meet the setback relief that was granted by the ZBA in AV 68- 2008 or by the Planning Board in SP 38-2008. Area Variance Revised June 200 General Information Tax Parcel ID Number: _ Z2~. 1 ~. ~ . ~ L ~ '- " .lAN Q 2011 "~ Zoning District:. G!, ~2 ~ i /~ ~. TOWN OF QUEENSBt-Ry ZONING OFFICE Detailed Description of Project [tn des current & proposes use]: _ '~ _ ~ _ ~ ~ + r i_oc~tion of aroiect: /~ _ ,~ ^, ~_,l ~... ~,~''` `.` ~~ s:Y Town of Queensbury • Zoning Office • 742 Oay Road • Queensbury, NY 12804.518-761-8238 t~~. .:,, -'`Pre-Submission Conference Form f179-4-0401 1. Tax Map ID ZZ ~~ / 7 r / - /~ Area Variance Revised June 2009 2: Zoning Classification ~~ 3. Reason for Review: J'r~%~~/1 /~~'/~i~/' /hD~ H~'jr~ © ~1) - 4. Zoning Section #: / ~7 i 3• -5. Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include: ~;_ ~::. p~ Yes No ~~ :~ General Information complete Yes No Site Development Data Complete Yes No Setback Requirements Complete Yes No Additions! Project Information Complete Yes No ' FAR addressed Yes No Compliance with Zoning Ordinance Yes No Checklist items addressed Yes No Environmental Form completed Yes No . Signature Page completed Yes No ::- TPAN ~=,L2 ~T'¢ ~~~/ ~/Ti~~ ~L ~N ~.,~~~1 ~t~/t! J'U -- ~ U~l~l~ ~c/~' c/F~' 7Z? ~i`--~ydT~ `.~/~9L~ Ty ST~• -~: . f. 5~8taff Representative: ticant /Agent: Date: - Town of Queensbury • Zoning Ottice • 742 Bay Road • Queensbury. tilt 12804.518-761-8238 <--:---, ~h TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 5 l 8-761-8201 December 21, 2010 Inwald Enterprises c% Robin Tnwald P.O. Box 73 Cleverdale, NY 12820 RE: 38 Gunn Lane House construction project AV68 2008, SP 38 2008, BP 2009-384 Tax Map Parcel No: 227.17-1-16 Dear Ms. Inwald: I am writing to you in response to my review of your Final Survey associated with the abovereferenced files and to document our recent conversations regarding the same. As discussed, my review of your final survey has revealed that the'building, as constructed, does not meet the setback relief that was granted by our Zoning Board of Appeals in AV 68-2008. Additionally, I inspected the home on December I3, 2010 with your cdntractor Lee Horning and have discovered that the project, as built, does not match the approvals issued by our Zoning Board of Appeal nor our Planning Board. Specifically, the approvals issued called for two additions to the home to allow for infill _ construction between the existing garage and camp on the property and a porch addition to the west end of l ~R~ the existing camp. Instead, it appears as though the camp structure was removed and completely rebuilt - ~ along with the additional components that were originally discussed and approved. In essence, an entirely new structure has been constructed beginning at the west side of the garage going westerly on the site up to and including the "porch addition." As such, an Area Variance and Site Plan Review will be necessary should you wish to maintain the structure in the current configuration. As discussed, your pending applications for the boathouse and ramp will be placed on hold until the applications necessary for the above described matters have been submitted. At that time we will place your applications together before our Zoning and Planning Boards respectively for consistency and completeness of review. Please note our established submittal deadlines. Should you have any questions regarding the above comments, please do not hesitate to contact this office. Sincerely, Town of Queensbury Craig Brown Zoning Administrator Cc: Lee Homing CB/sh L:\Craig Brown~2010 Letters\Denial Inwald 12 21_l0.doc n "HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LNE" Area Variance Revised June 20~ General Information Tax Parcel ID Number: 22 ~. ~ ~- / - 7 G Zoning District: G!' ~2 - ~ /1 Detailed Description of Project [incyudes current & proposed use): '~"b ^,T~l ST'14 ~iAI?~6.E uJ~ ~ !.~ ZS X ~ A /~,o, ~"lO.J Nc~ 20,c28 ~G/Gllf9ytif~ nG/~ij~ fl E.'" t~ ~.~K 1 S -• ro.,ia" a ~~~ e.J~ A..re ^(fr.J 'S.iro n ~ ~ 4'S ~~ of Applicant Name: Address: ?. a F~oh ~3 J L Y ! 2a Home Phone Cell:; 3 Work Phone Fax, > ' ;. E-Mail: Agent's Name: Address ~ ! 4£ 4 a ~+rf ~ Home Phone 'Cell:,: ~' ~' f ~ ~)~, SaG. SaGa Work Phone Fax;;, _ ~ ~~ . ~ ~ 6G. 4G & . 41 u E-mail- - '.y; , - -- ; ri`,~ ~, , 7Y ,y^^'?kF:: ';ti Owner's Name Address` ; t '..~~' ` Home Plione ,Cell :; ~` y`, • ',; ~~ ~~ Work Phone -- - -- :Fax :' : _': ~~y.:~ _ _ a E-mail -- -- Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 •518-761-8238 1 Area Variance Revised June 20~ Site Development Data Area /Type. Existing sq. ft. Proposed ,~ ,_ . Total sq.'ft. _ 'Additions . ft".,° A. Building footprint -- 1~37Z ~$b ~ / 5~ `B. Detached Garage C. Accessory Structure(s) .... D. Paved, gravel or other hard surfaced area o 6 1 f ~~oo -- 3 E. Porches /Decks 22c7 5~a ~bcs =F. Other •-, G. Total Non-Permeable [Add A-F] 2 144 5 ja& H. Parcel Area [43,560 sq. ft. /acre] Z 3 4ao co 23 ^. , I. Percentage of Impermeable Area of Site (I=G/H] o J /3.~ o 2 ! ` ,~~ e Setback Requirements Area Required :: - Existing ~~ ~ ~ .~t- ~~ P ~ posed . ~ , ~ . , ~- ~ ~~ ~` x ~~ r~. . - Front [1] Front [2] Shoreline _ Side Yard [1J zr~1 20 ' S G.. 5' Q`3 ~ Side Yard [2] ~csv ~/ ~ d ~ . 'j ~ Rear Yard [1] 30' '~r~` 7c,, Rear Yard [2] Travel Corridor '= Height [max] - Permeability o o $ 2 ~ ~~~ . '.. No. of parking spaces Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804. 518-761-8238 2 Area Variance Revised June 20( Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? /~(a '. 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? 4. Estimated project duration: Start Date ~~ End Date f,~~~ to 5. Estimated total cost of project: Sao 000 6. Total area of land disturbance for project: / 7~ Sao Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total buildirn floor area by the lot size in square feet, yielding a percentage. r Zoning District 'Symbol Floor Area'Ratiq` `FAR] Yk1:.'. };~ Waterfront Residential WR ~ 0.22 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 al floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and coverec porches. Building square footage does not include: Open deck, docks and that portion of covered docks extendinc 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 buildinc or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structure on the project site. Parcel Area 2, oo s . ft. Existin Floor Area s . ft. [see above definition Proposed Additional Floor Area S s . ft. Proposed Total Floor Area &7 s . ft. `..Total Allowable Floor Area Area x see above table Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 5T8-761-8238 3 Area Variance Revised June 20~ 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 aH that apply) Setback ^ Buffer Zone ^ Lot Width ^ Other The following questions reflect the criteria for granting this type of variance. Please complete them; use addition 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? ,C~ ° 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant tc pursue, other than an area variance? Y~ r ,~ n 3. Whether the requested area variance is substantial? ~o 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? ~o ~. 5. Whether the alleged difficulty was self-created? i~l o Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 4 Area Variance Revised June 20 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 drawing __ S 2 Deed 3 North arrow, Tax Map ID, date prepared and scale (minimum 11n. = 40 ft.] ~ 4 Boundaries of the property plotted to scale, zoning boundary 5 Principal structures, accessory structures with exterior dimensions S 1 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed 7 Setbacks for all structures and improvements: existing & proposed 5 8 Elevations and floor plans of all proposed and affected structures -- - E WATER & SEWER ~~~:, SHOWN ON `ice: __ 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 se tic g 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 su pl includin dail water usa e S 5 Percolation test location and results __ s J C. PARKING /PERMEABLE AREAS ;:~, i: SHO WN'ON. ~ C - i Number of spaces required for project including calculations and justification: existing & proposed -2 No. of existin arkin s aces, number to be removed, number to maintain and a of surfacin material e. ., ravel, aved 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 51TE DEVELOPMENT~AND MISCELLANEOUS T ? ,~. -. ; ~ '' , SHOWN ON ,. ; k Ilk.,' _ _ _ - ;... SHEET # f 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. 5/ - 4: Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & ` ~ pro osed ;, 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, Stonnwater 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 S ermits 1 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238 Area Variance Revised June 20t Pre-Submission Conference Form f179-4-0401 1. Tax Map ID ~~ 7~ /7 ° ~ -,~ 2. Zoning Classification +1.1.~~: 3. Reason for Review: ~$~i1..~9c.~1 /~'rG~~/=r /I~/~/,~i <=>~.~~ ~~ ~l f~ ,i , 4. Zoning Section #: / ~~`'_ ~. 5. Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include: Deed -~' Yes No General Information complete Yes No Site Development Data Complete Yes No Setback Requirements Complete Yes No Additional Project Information Complete Yes No FAR addressed Yes No Compliance with Zoning Ordinance Yes No . Checklist items addressed Yes No Environmental Form completed Yes No Signature Page completed Yes No ~- c ~~.~i~ .sift' ~~= ~' 7-z~ .,~~=~°~~~^ . ,,~-s~ ~~ ~~ j,~- Staff Representative: Applicant /Agent: Date: Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 6 Area Variance Revised June 20( Signature Page This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Si Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentatic required. OWNER'S AGENT FORM: Complete the following if the OWNE-R of the property is not the same as the applicant -~ Owner: - L ~ P~ ~ -~ ; ..l- _..r ~/ ,a ~ /~ a Designates: ~~ != ~= I ~~t~, , ~ .~ ~.~~,,, 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 APPLI1CANT is u na to attend the meeting or wishes to be represented by another party: Owner: c~l~-+ , ,~v: :~ c-t1/S L /~ Designates: t-;= ~ Z,~c , As agent regarding: / Variance i Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Re~ren,~e: J OWNER SIGNATURE: ~ ~.~(.w-z-~~~G; Book Page Date , DATE• I ~ i o ~ \ -- 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 charger 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 subjec 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 approva 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 designates 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 ~; $fatement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the -approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents, will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as-built survey by a-licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy I have read and agree to the a~~~,bo((v)e. r _ ~~_~L~ Signat e [Applic~-`~ Sig att~"r Print NamlI e [Applicant] Date signed Print Name [Agent] Date signed Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 9 •t~i(Afi R~ N- _C~ U t1Fi'Y . : ~ • ` ~`::. .Lake George,.NY'~t2845- _ ....... .. ...... .. ..... . ' ;><rosootrc:-,-:: -...:::.:..' ... ... . - `..; .. -..: ~ - -.. - . ~ ~ - ~~• - .. Volm-3908. F'g-'2~ ... .. __.-:.~- -- . .. ~• - - ~ .. : • :•instriament Number:.' 2~~9= 00008785 ~ •~ .. - ~ - . As.-. ecorded Orin November 19;-2008 - ~ Deed • i'atties: -ININALlD ENTERPRiS irS LLC ~ ~ . - , Ta - • iNINALtr I_Id`FERPRI$ES LLC ... .. .. ~ . ~ - ~ _-Biilatite Page: - . S ecorded By: RIVKIN •RAD>LER • - . - ~ • - Num (?f Pages: 4 . Gomrnetit: .. - - '** Examined and-Charged as Fotiows: ** xt. ~--- ~ 55;04 ~ ~ GoverPage• - _. ~ ~ . 5.00 RP-5217 Resid/Agric ~ 125c00 584 3.00 ': I2ecoiCiiing Charge:.... - 39(1.0(f ,~• :: - ; -• • Consideration . - _ . ' Amount Amow~t R~#/CS# isfer Tax 0.00 0.40 TT 778 8asia 0.00 -QUEENSI3URY L.acal 0.00 Special Additional 0.~ • Additional R00 Transfer O 00 'fax Charge: 4.40 ~~ . - ~r.a Cl2rks ~'~i~e . pae¢~ ~ J. Va~e2 . Darren Cr~rnt~ Clerk - - -. ......_... "* THIS t'AGf" iS PJ~RT OF.THE-IN~TitI~MEM'.** ... 1 hereby i~rtify that the within ahd foregoing was •rerdrded in the Cfsrk's Office Eor: WARREN CQUNTY, NY - e Itzfat'matiort:- -Record and Rst>arn To: - .' . - pocument Number: 2009- 00008785 RIVKIN RADLER Receipt Number_ 14'i 547 ATTORNEY AT LAW Recorded Date1T•ime: November 99, 200911:40:37A 92S REXC~RP PLAZA- _ Book-Vot/F'g;. Bk-RP Vl-3908 Pg-25 UNlQNRALE-NY.17556 . - - Gashier /Stations C Latham • 1 Cash Station 3 '. ~ - ' .. .. ... - - ~'/ Form 7290 taWdl[C[17.U.FwtO~-B DVSMYbDic ~ - LQNSIILT YOUR 7:AWYER:BEFORE SfGNING Trl6 tNSrRlrME7i7-THtS n1S7RNgt3Gi5NOULff BElrSED $Y tAVYYF3iS ONLY' VI • THIS INDENt'I7ItE, iaade the ~~~ day of (.,~7p g E i~ . , tWC3 tftbus~ and nine BETWEEN ~ ~ ~ . iP1WALb ~ITElZPE2tSES LLC, having a mailing address cto P:O. 8ox 73, Cleverdale, New York 12824 parry of ttie fust park and i IAiWALD ENTEl2PRlSES LLC, having a mailing address clo P.O. Box 73, Cleverdaie, New :York 12820 . party of the second.part, .. ~ . WITNC-SSE3'Fi, that the party of the firs; part, ht consideration of ten 0 Q/100 dollars and othergood and valuable eonsideratioa paid'by the party of the second pmt, does hereby gent and release unto the party ofthe sxond part, the heirs arsnacessors and assign o#'the pally of the second part forever, ALL that artai$ plot; piece orparcei of land, with the bur7dings and improvements tlre~ewr erect~,sitaate, tYiuS and beiagat in the Town of Queensbury, County of Warren, and Slate of t3ew York, bounded and descrbed a follows: ` Beginning at an aon p'~re found at the corrrrr~n bntersection of Lands now or formerly oflnwald Enterprises, LLC per Book 3380 of Deeds at page 293 and other lands of lnwaid Enterprises, LLC per Book 3486 of Deeds at Page 252, said point also being in the southerly Gne of other Lands of lnintatd Enterprises, I..LC per Book 3182 of Deeds at Page 5, thence (torn said point of begitrnirpg, atilt along ttie commotr-fine between inwaid and.other Lands of inwatd per Book 3488 of deeds at Page 252 fore fotowing six to) courses: 1} South 08 deg_ 78 min. 33 sec. West, 50.60 feet do a capped iron found; thence 2} South 29 deg. 05 min. 25 sec_ East, 3235 feet to a rapped•iron rod found, thence 3}South 08 deg. 39 mitt. 43 sea West,104.80 feet to an iron rod found, thence 4) South 66 deg. 32 min. 17 sec. East, 87.17 feet to a capped iron rod found, thence 5) South 66 deg_ 32 min.17 sea East, 59.98 feet to a point, thence 6) South 22 deg. 2D min. 20 sec. West, 83.73 feet to'a point, said point being in tale northerly 6ne of lands now or fomrerty of ~mren per Book Sti6 of~Deeds at Page 538, ttrence along fire said lands of Owen the following four (4) courses:l} Norifr 69 deg: 26 min. 30 sea West60.00 feet [a an iron fod found, thence 2) North 69 deg. Z7 min.. 20 sec. West, 93.04 feet to a point, (hence 3) North 65 deg.19 min. 40 sea West, 114.11 feet fan a point, ttrence 4}South 58 deg. 53 min_ 20 sea West, 11.0 feet plus or minus to the high water mark of take George, #hence along the shore of Lake George to a poirt in the southerly bounds of lands now orformeriy of Yanrrey per Book 491 of t7eeds at Page 321, the tie distance beiweerr the lastiwo mentioned ooirlts being North 19 deg. 59 tnin_ 10 sec_ West 75:18 feet, thence from the leaf mentioned ~oirrf, along the said lands of Yanney, the fnliowirlg three {3) courses:l) South 81 deg. 46 mfi. ]0 sec. East, 158.65 feet to an iron rod found, thence 2) North 0.8 deg. 45 min. 41 sec. East, )9.98 feetfo a polrtt, thence 3) North 81 deg. l)8 min. 05 sea. West; 23.10 feetto a point in the routhedy btsur-ds of lands now or fam'reriy of Etetto per Book '141 B of Deeds at Page 236, hence along the said lands of Elefto North 08 deg_ 37 min.19 sea East, 76.13 feet to a point n the southedy bounds of Gunn Lane, said point also be"srrg the southwesEetty comer of the aforesaid lands of Inwald Enterprises, LLC per Soak 3182 of Deeds a41'age 5, thence song ire said lands pf Irlwald Enterprises, LLC, South 80 deg.17 min. 15 sea .East, 23.07 feet Lo ile point or place of beginning. ~ontainitrg O.r36.Acres of land mane of less. tieing the same premises conveyed to itmrald I=rnterprises, LLC by deed dated August !4, 2007, fled in the Warren County Clerk's ~ on September 20, 2007 in Book 3380 of )eels at Page 213. Also belrly a portion of (ands txrnvtyed to inuwafd Ersterptrses, LLC -?Y teed dated January 5, 2008, filed ir: the Warren County CledC s t?ffice on Felxuary 20, 2008 in 3ook 3486 of Deeds at Page,252.. ~.T`R~ TOG$TTfiER with all right,'titie aaict'iuter~f..if may, of the party of the first parf~an and to any streets aaad-roads - . ~ abutting ~e above descn'bed jareuiises fit the center lines tlaereoi; 'TOGEZ~IER:with the appurtenairaes aaicl=ali the estate and rights oftlae party of tine first Bart in and to said premises; TC) ~TA~JE AND Tb:F~©LD- :the premises - herein gran#ed tm#'o~the.party oftlie sec~ud part, the heirs or successors and assigns of#he party of#he second part for~vec. - ... ... - . _ . - . - . - . ANDthepartyoft~iefirstpartcovenantsthatthe-partyofthe:pacthasnotdonaorsiifferedanything~vhereby - the saiii pireinises have Been ~enctinibered in any way whatever, except as aforesaid, _ `-AND thepariy~ofthe firstpart, in compliance with-Section l3 oftbeLzenLaw, eoveriants thatthe partyofthe~first - - .~ -.~ parE~i~iIi receive the:cgnsider~onuor #uis-c~tveyance and w;ll holrithe right-to'ieceiYe such coiisideatioia as ~a t[vst fund to be. appfied:fnr #tie -piiapase-of Paying the cost ofthe improvement amd will apply the same fn~t f~a the payment of floe cost o~~tie Yriprovemettt before using any part of the fatal of the same for any other purpose. The word` "party" shail.be coz~striied as if it read. "partaes" whenever the sense ofthis indenture so regtures_ . IN `4VI""L~T1~SS. WHZR.~OF, the party of the first part has. duly executed this deed ~e day and year fast above - .~. ~ .. - IrIPIi~sEriCE oF: - ~ - ~ ~ lN1NAi:D ENTERPRISES~:i:.C ~'` - ~ - BY: ROBiN iNV1lARD - - ._... . MANAGER - GRETCHEN•R BOYD tvotary Public. State of NewYo~lc No Oi8(36188t05 CIuaIHieQ frt. Queers ~ouRty-.:- ~~-iniss~on~ ~P~R~s o6tog~Q?~ . . ~~~4~D~p ~ . . :TO.BE~USEt~,O~iL~' WIiEN.ACKNODULEt3GAt~~fifT IS NUDE iN N~tl YORK . . .. .3tafe:.ofNewYork, t;ounty of ~ ;~:~L';~'~,~1~5., . ss ~.• .State ofAiewYork, Cot~tyof ~.. . ..Orr xlie~ day of !~ ~ % . C1 /.9E`~ in the year 2009. :. On the day of ~ ui the year ~. 'before me the irndeisigrietl; personally appeared ~ ~ before me, tie -iiide~rsigned, personaIlyappeat'ed ss: ROBIN.Il~WALD . . ~ personally lo~own m me or proved to me on the basis of personally known to me or prayed to me en the basis of satisfactory evidence #o be the individuals whose name is satisfactory evidence to : be the individual(s) whose subscn3e~ to.ihe~wlti~in~ ettt:and aelanawle to nanne(s) is (are) subscribed to the within instrtnnent and methatslie:ezecutedxhe"samiri:hercaliacit~,and' atby - acknowiedgedtobethathe/sheltfley~xecutedthesame~n tier signature, oi'.tbc ;iristrttiiier-f; .Ilia •nadivn ual, or the . his/lierltheu cxipaeitq(ies~;_ •aud that ~ b~ hislher/Sieir . person ou befiaif ::of• i~#wiri° :tlie~ ~~utdividdn Ia acted, sigina(ore{s} on the instruiuent, ~e mdiv~dnal(s}, or ~ execut "ein;ttvmeiit: .person upon.behalf of which the individual{s} nrted, .. .. ... executed the instrument. :•.~ of in ' d • fficc - : ~ di taking .. ~.-. '~ an o ... _...:' .:..: _(s~gu. , . _ office of ' individual ~ tiIang . . ~- • ;; " • .: - aclmowledgmerrt) ~ {signature and :. -- ..,.::..:.:. ...:..: , owl _ .. .. ... . GFZE~'CHEN ~ ,ve_ aclai edgirtet>tw -. ~- .NotaryPabtiG;StateofNewYOTk . • 'Nb 01B06i88145 tat>aniied In Queens Lbunty arssroty Ornt~s osloaxzal2 TO:BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK~STATE State (or Dis#xict of Columbia, Territory, or Foreign Country) of ss: On the day of is the year before me, the undersigned, personally appeared personally knowit to me ar proved to the on the basis of satisfactory evidence to be the individual(s) whose name(s) is {are) snbscn'bed. to the within instrirmerrtaad ac>oiowledged to medrat he/shelthey ezecarted the same in his/her/tbeir capacity (ies), andtbat by hxslherftheir signatare(s) on the iiistrumeat, the individiud(s), or8nepeison uponbehalf ofvvhich the individual(s) acted, executed the instrument, and that surai individual made such ~ More the undersigned in the _ ~ (insert the City ox other political subdivisiau)(and inserttheState or Country or otherplace the actmowledrmeaatwas taken} (signature and office of individual taking ~inwiedgment) . ~ `bargain and~~ate Deed ~ ~c~°~ ~ ~~ . Wma Cav~ri'cs ac~,AVST G~elt~tTOR'S ACTS I.OT ~ - f 3 COUNTY OR TOWN WARREN Trtz.ENo. STREET ADDRESS: 38 Gunn Lane Queensbt.cry, T3Y 12820 fNWALD ENTERPRISES LLC RECORID AND RETURN BY MAIL TO: TO lNWAI.D ENTERPRISES LLC ~ HORNING CONSTRUCTION CO 1484 ROUTE 9 FORT EDWARD, NY 12828 Phone 518.793.0207 Fax 866.468.4711 January 10, 2011 Re: Tax Parcel 227.17-1-16 Requesting relief from the 20' required set back on the south side of new structure to 3.3'for the platform and steps from the exterior door of front porch. These steps are on the rear of the building which adjoins a 15'wooded buffer zone to the southern property owners. The construction drawings were designed with a door and steps to accommodate the ash removal and wood supply to a wood burning fireplace in the comer of the new addition. A platform is required by code when the steps have more than 2 risers, which was not shown on the original drawings. 2. A wavier is also requested from the prior site plan review regarding the existing one story house. Existing house was to remain, but during construction it was determined framing was rotten, not up to code, and the foundation was buckled on the south wall. The existing building and damaged area of the foundation was removed and rebuilt on the same footprint. 3. A wavier is requested for the existing lighting, storm water, and grading approvals as they are already in place. ~1- r December 2l, 2010 Inwald Enterprises c/o Robin Inwald P.O. Box 73 Cleverdale, NY 12820 RE: 38 Gunn Lane House co~:struction project A V 68-2008, SP 38-2008, BP 2009-384 Tax Map Parcel No: 227.17-1-16 Dear Ms. Inwald: I am writing to you in response to my review of your Final Survey associated with the abovereferenced files and to document our recent conversations regarding the same. As discussed, my review of your final survey has revealed that the building, as constructed, does not meet the setback relief that was granted by our Zoning Board of Appeals in AV 68-2008. Additionally, I inspected the home on December 13, 2010 with your contractor Lee Horning and have discovered that the project, as built, does not match the approvals issued by our Zoning Board of Appeal nor our Planning Board. Specifically, the approvals issued called for two additions to the home to allow for infill construction between the existing garage and camp on the property and a porch addition to the west end of the existing camp. Instead, it appears as though the camp structure was removed and completely rebuilt along with the additional components that were originally discussed and approved. In essence, an entirely new structure has been constructed beginning at the west side of the garage going westerly on the site up to and including the "porch addition." As such, an Area Variance and Site Plan Review will be necessary should you wish to maintain the structure in the current configuration. As discussed, your pending applications for the boathouse and ramp will be placed on hold until the applications necessary for the above described matters have been submitted. At that time we will place your applications together before our Zoning and Planning Boards respectively for consistency and completeness of review. Please note our established submittal deadlines. Should you have any questions regarding the above comments, please do not hesitate to contact this office. Sincerely, Town of Queensbury Craig Brown Zoning Administrator Cc: Lee Horning CB/sh L:\Craig Brown\2010 Letters\Denial Inwald 12 21 l0.doc