ApplicationFebruary 2011 ZBA
Area Variance
Richard & Karen
Cunningham
384 Ridge Road
Lot line adjustment
~®`~~ ~~ Q~JEEI®1SBURY
742 Bay Road, Queensbury, NY 12804-5902
September 17, 2010
Stefanie DiLallo Bitter
Bartlett, Pontiff, Stewart & Rhodes, PC
One Washington Street
P.O. Box 2168
Glens Falls, NY 12801
Re: Rick & Karen Cunningham
384 Ridge Road
Tax Map Parcels: 297.17-1-46 & 47
Dear Ms. Bitter:
518-761-8201
I am writing to you in response to my review df your letter of yesterday along with a map
entitled; "Map of a survey made for Rick & Karen Cunningham" as prepared by Van Dusen
& Steves with a most recent revision date of July 20, 2010.
.~ I have reviewed your plans and find that an Area Variance is required for your proposal.
Specifically, your proposed lot configurations will not meet the minimum sideline setback,
lot width, road frontage and lot size/density requirements of the Moderate Density
Residential (MDR) zoning district. This determination is based on the understanding that
the building on the front of parcel 47 will either continue as a Hair Salon or be converted to a
single family dwelling and the building on the rear of the property is and will continue to be a
single family dwelling.
I understand that you may be in the process of preparing the necessary application materials.
Please note our established submittal deadlines when preparing this information. Should you
have any questions, please do not hesitate to contact this office.
Regards,
Town of Queensbury
g
Craig Brown
Zoning Administrator
CB/sh
L:1Craig Brown12010 Letters~Denial Bitter Cunningham 9 17 l0.doc
°HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE°
SETTLED 1763
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Area Variance Revised June 2009
General Information
Tax Parcel ID Number: 2 9 7.17 -1- 4 6 and 4 7
Zoning District: ~R
f~~+_~ ~
JAN 1 C!
Detailed Description of Project [includes current & proposed use]: T~1IVN ~ QUEENSBURY
A licant is ~IINGOFFICE
pp proposing a boundary line adjustment for the two adjacent parcels
so a rP will hA n b ,; 1 ~9 on each to
Location of project:
384 Ridge Rpad
2168
Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238
Area Variance Revised June 2009
:~
Pre-Submission Conference Form (179-4-0401
1. Tax Map ID 297. 17-1-46&47
MDR
2. Zoning Classification
3. Reason for Review: Area Variance Request (Setback and Lot Area)
179-30-040A
4. Zoning Section #:
General Information complete Yes
Yes No
No
Site Development Data Complete Yes No
Setback Requirements Complete es No
Additional Project Information Complete
FAR addressed Yes
Y ~c~
Compliance with Zoning Ordinance es
Yes
No
Checklist items addressed Yes No
Environmental Forrn completed Yes N~~ ~ .
Signature Page completed Yes No
5. Pre-Submission Meeting Notes; Outstanding Ite~ To Be Addressed Include:
Deed
Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 6
PAUL E. PONTIFF
ALAN R. RHODES
BARTLETT, PONTIFF, STEWART & RHODES, P.C.
RICHARD J. BARTLETT
ROBERT S. McMILLEN ATTORNEYS AT LAW Retired
PHH.IP C. MCINTIRE
MARK A. LEBOWITZ P.O. BOX 2168
J. LAWRENCE PALTROWITZ ONE WASHINGTON STREET KARLA WILLIAMS BUETTNER
MALCOLM B. O'HARA
GLENS FALLS, NEW YORK 12801-2168 ELISABETH B. MAHONEY
PATRICIA E. WATKINS JOHN D. WRIGHT
MARK E. CERASANO JESSICA HUGABONE VINSON
MARTIN D. AUFFREDOU TELEPHONE (518) 792-2117
BRUCE O. LIPINSKt
FAX (518) 792-3309 ROBERT S. STEWART
PAULA NADEAU BERUBE
JONATHAN C. CAPPER
EMAIL info@bpsrlaw.com 1932-2001
BERTRAM J. DUBE
BENJAMIN R. PRATT, JR.
WEBSITE www.bpsrlaw.com 1916-1999
EH.EEN M. HAYNES
JAMES R. BURKETT
STEFANIE DILALLO BITTER
January 18, 2011
James Underwood, Chairman
Zoning Board of Appeals
Town of Queensbury
742 Bay Road
Queensbury, New York 12804
Re: Richard and Karen Cunningham
384 Ridge Road, Tax Map Parcels 297.17-1-46 and 47
Dear Chairman Underwood:
Please be advised that our firm represent the Cunninghams with regard to the Area Variance
Application that we are hereby submitting. The Applicants are seeking the area variances requested so that
they can complete a boundary line adjustment for the two parcels that they own that are immediately adjacent
to each other on Ridge Road. At this time, one parcel contains two structures, one of which is a single family
home, the other is a commercial building and the other parcel is vacant. However, the Applicants wish to
complete this boundary line adjustment in an effort to allow each building to have its own independent
parcel.
The Applicant needs relief for lot width, lot area, road frontage and setback. Although a number of
area variance are required in order to accomplish this boundary line adjustment, due to the fact that these
buildings are already in existence, we do not feel that these variances should be deemed substantial. In
addition, since makingthis boundary line adjustment would result in each building having its own principal
lot, we feel that these variances would allow for the lots to become more conforming than that which is in
existence today.
We have enclosed the area variance application, the survey map, pictures ofthe elevations of all four
sides of each building as well as the application fee. If you would kindly place this on your February agenda
we would appreciate it. If you have any further questions please contact me or attorney Stefanie DiLallo
Bitter.
Very truly yours,
cc: Rich and Karen Cunningham
BARTLETT, PONTIFF, STEWART
& RHODES, P.C.
„_--.
By:
Jonathan .Capper, Esq.
Direct #: (518) 832-6434
Direct Faz #: (518) 824-1034
Direct E-Mail: icl(a),b~srlaw.com
299336.1
Area Variance Revised June 2009
AREA VARIANCE APPLICATION
REVIEW PROCESS
1) Required Pre-Submission meeting with staff to determine general completeness to be held no later
than 1 week prior to deadline dav. Call (518) 761-8238 for appointment.
2) Submittal of complete application: 7 original & 74 copies of the application package by monthly
deadline.
3) Determination of application completeness. All necessary information must be provided and appropriate
fee(s) paid for consideration for placement on an agenda for that month.
4) Incomplete applications will not be considered for placement on anv agenda until all missing information
has been supplied.
5) Submittal to the Warren County Planning Board, if applicable.
6) Zoning Board meeting, generally the third and fourth Wednesday of each month. You will be advised in
writing as to which meeting to attend.
7) Following the meeting, you will be provided with a copy of the resolution stating the Board's decision on
your application. If your application was approved, the next likely step is a Building Permit. Final
plans/drawings must be provided for the next phase of review. If your application was denied your
project cannot proceed as submitted.
DOCUMENTATION REQUIREMENTS:
Please submit 1 original and 14 copies of the completed application package to include:
• Completed Application: pages 1-9 completed, signed & dated
• Pre-Submission Meeting Notes: signed by staff
• Denial Letter: from the Zoning Administrator
• Waiver Reauest: any request for a waiver from the applicant regarding submission requirements.
• Copy of Deed
• Su_ rvev: stamped, dated & signed
• Fee
ZONING STAFF 8a CONTACT INFORMATION
Craig Brown, Zoning Administrator craigb(c~gueensburv.net
Keith Oborne, Land Use Planner keitho~queensbury.net
Sue Hemingway, Office Specialist (518) 761-8238
Visit our website at www.gueensbury.net for further information and forms.
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 ~
Area Variance Revised June 2009
General Information
Tax Parcel ID Number: 297.17-1-46 and 47
Zoning District: MDR
Detailed Description of Project [includes current & proposed use]:
Applicant is proposing a boundary line adjustment for the two adjacent parcels
thev own on Ridae Road so that there will be one building on each lot
Location of project:
384 Riclge Road
Applicant Name: ichard and Karen Address: 11 Broo ie Run
Queensbur NY 12804
Home Phone Cell:
Work Phone Fax
E-MaiL•
Agent's Name: Bartlett Pontiff 'Address:. ne Washington Street
lens Falls NY 12801
Home Phone Cell:
Work Phone 7 92 - 2117 Fax - -
E-mail sdbc~bpsrlaw. com
1 r
Owner's Name Same as applicant Address`
Home Phone Cell ''
Work Phone Fax
E=mail
'0 2168
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804. 518-761-8238
NORTH LOT Area Variance Revised June 2009
Site Development Data
D roo ! T~.
~~ , , rN~ I txisting sq. tt.
-
A. Building footprint
0
B
Detached Gara I :, Proposed
Additions : ft.
1220 ~ Total sq. ft,
-
1220
.
ge 0 0 0
C
Accesso
Struct
.
ry
ure(s)
0
0
0
D
Paved
ravel o
th
h
d
.
, g
r o
er
ar
surtaced area 2112 50 2162
E
Porches /Deck
.
s
0
43
43
F
Other
.
G
Total Nqn-P
r
bl 0 0 0
.
e
mea
e [Add A-F] 2112
3425
H
Parcel Ar
a
.
e
[43,560 sq. ft. /acre]
12000
2185
14185
I
Percenta
e of I
bl
.
g
mpermea
e Area of Site [I=G/H] 17.6 0 24.1$
Setback Requirements
Area
i
Requiredr- ,
Existing . ..
.;. .. ~ Proposed
Front [1]
40
N/A
60
Front [2]
Shoreline
Side Yard [1] 20 - 9. 5
Side Yard [2] 2 0 _ s . 6
Rear Yard [1]
15
10.5
Rear Yard [2]
Travel Corridor
75
93.5
Height [max] 3 0 24
Permeability 3 0
82.4
75.9
No. of parking spaces
2
2
2
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 2
SOUTH LOT Area Variance Revised June 2009
Site Development Data
A. t T.
,,, ~Q ,, ~ yNC ~=
~t
A
~ Buildi-n
foot
i
t -rrx~s$ing sq,~ft
~~-~. Propo$e~ e
ciditiori s ft.{= Total sq. ft--
-
.
g
pr
n 2218 -1220 998
B
Detached Gar
.
age
C
Accesso
Struct
.
ry
ure(s)
~
~
o
D
Paved
ra
l
th
h
.
, g
ve
or o
er
ard surfaced area
E
Porches /De
k
3395
-105
3290
.
c
s 112
-43
69
F
Other
. 0 0 0
G
Total Non-Per
bl
.
mea
e [Add A-F] 5 7 2 5 4 3 5 7
H. Parcel Area [43,560 sq. ft. /acre]
12000
9815
I. Percentage of Impermeable Area of Site [I=G/H]
0
Setback Requirements
,A
Area ` ~ Required
~..
~~
Existing - `Proposed
,
Front [1] 40 36.7 36.7
Front [2]
Shoreline
Side Yard [1] 20 4 . 3 4 . 3
Side Yard [2] 2 0 2 7 7 3 7 7
Rear Yard [1]
15
44.8
9,8
Rear Yard [2]
Travel Corridor
75
.36.7
36.7
Height [max] 30 24 24
Permeability
30%
52.3%
55.70
No. of parking spaces
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 2
Area Variance Revised June 2009
Additional Project Information
7. 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): unknown
3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program?
No
4. Estimated project duration: Start Date End Date
5. Estimated total cost of project: _ rr/A
6. Total area of land disturbance for project: _ N/A
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.
Zonin District
9
Waterfront Residential y I
S mbo
WR Floor Area Ratio [FAR]
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 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.
NOT APPLICABLE
Parcel Area s . ft.
Existin Floor Area s . ft. see above definition
Pro osed Additional Floor Area s . ft.
Pro osed Total Floor Area s . ft.
Total Allowable Floor Area Area x see above table
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238
Area Variance Revised June 2009
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179 - 3 - 4 o A (3 )
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
(Check all thatapplyJ x~etback ^ Buffer ZOIe ^ Lot Width ®Other Lot Area
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?
No undesirable change will be created. The two buildings currently
exists on one parcel. This will make the parcels more compliant, but
ave no p ysica c ange on t e area.
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?
The proposal being made will allow the buildings to exist on separate
lots. This is the only alternative which will result in these buildings
eing more comp cant.
3. Whether the requested area variance is substantial?
No, not when considering the fact that it will allow for these existing
buildings to have their own lots.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
There will be no physical changes that result in these variances. The
two buildings are currently occupied and are utilized for permitted
purposes.
5. Whether the alleged difficulty was self-created?
This should not be deemed a self-created difficult, but a situation
where the applicant is trying to make the situation more compliant.
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 4
Area Variance Revised June 2009
Submittal of a stams~ed and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted below.
GENERAL SHOWN ON
1 Title, Name, Address of applicant & person res
o
ibl
f SHEET #
p
ns
e
or preparation of drawing Survey
2 Deed
Enclosed
3 North arrow, Tax Map ID
date prepared and scale [mini
11
=
,
mum
n.
40 ff.j urvey
4 Boundaries of the property plotted to scale
zonin
bound
,
g
ary
5 Principal structures
accessory structures with exterior di
i
6 ,
mens
ons
Site improvements incl. outdoor storage areas
drive
ki
Surve
7 ,
ways, par
ng areas, etc.: existin & ro osed
9_P P
Setbacks for all structures and improvements: existin
&
Survey
8 g
proposed
Elevations and floor plans of all proposed and affect
d
t
t
Survey
e
s
ruc
ures N/A
B WATER & SEWER SHOWN ON -
1 Project sewage disposal facilities
desi
n details
t
ti SHEET #
,
g
, cons
ruc
on details, flow rates, and number of bedrooms proposed
2
3 Water supply [i.e. well] ~ septic on adjoining lots with separation distances to existing or proposed on-site water supply and
se tic
Separation distances for proposed sewage disposal system to well and water bodies
Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location, design and
construction of water su I includin dail water usa e
ubl i C
n/a
pub 11 C
5 Percolation test location and results
C,
1 PARKING /PERMEABLE AREAS
Number of spaces required for project including calculations and justification: existing & proposed SHOWN ON
SHEET #
N/A
2
3 No. of existin arkin s aces, number to be removed, number to maintain and t e of surfacin material e. ., ravel, aved
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
~•
1
2 ADDITIONAL SITE-DEVELOPMENT AND MISCELLANEOUS
On-site & adjacent watercourses, streams, rivers, lake and wetlands
Utility /energy distribution system [gas, electric, solar, telephoneJ: existing & proposed SHOWN ON`
SHEET #
N/A
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 &
ro osed
e Signage: Location, size, type, design and setback: existing 8 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
ermits
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238
Pre-Submission Conference Form f'179-4-0401
1. Tax Map ID 297 • 17-1-46&47
MDR
2. Zoning Classification
Area Variance Revised June 2009
3. Reason for Review: Area Variance Request (Setback and Lot Area)
179-30-040A
4. Zoning Section #:
5. Pre-Submission Meeting Notes; Outstanding Item To Be
~ Addressed Include:
Deed
General Information complete
Sit
D
l Yes
-y-~L
/ Yes No
No
e
eve
opment Data Complete Yes No
Setback Requirements Complete es No
Additional Project Information Complete
FAR addressed Yes
Yes Nol/
~Ma` J
Compliance with Zoning Ordinance Yes No
Checklist items addressed Yes No
Environmental Form completed ,~I.o~YYes
` N~- ~ .
Signature Page completed ~ Yes No
/V,q,P~~IU~ ~X~G9 iN/ry'~ ~iF'U
,o~vr®' ~2 .~t~u~~i~~.U ~
- QvgNTi~r' ,.~r~~r3c~5 /~=,C~2~ Z .~T~~'. y .~h
~
'` ..S/GN~ Tie-+~I~~ .St~v.~-;-~ ..
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 6
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 APPLICANT is unable to attend the meeting or wishes to be represented by another party:
Owner: Richard and Karen Cunningham
Designates: Bartlett Pontiff Stewart & Rhodes PC
As agent regarding: x Variance x Site Plan Subdivision
For Tax Map No.: Section Block Lot
Deed Refer Book Page Date
OWNER SIGNATURE: _ DATE: ~~~
2.a ENGINEERING FEE DISCLOSURE: Applications may b`~ 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.
3.1 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.
4.1 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 h e ee to the above.
~Zi~.~c~cS.4. Cu.nr~tw`h-fir a1~•2Z,\~
' ~«m 1L~Yer~ 3. Cw~r~:>lc~tc,J.m ~~ZZ1 -o
~i tur t Pin Name [ pli nt] Date ig
Sin r ge t] rent Name [ gent Date igned
Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238
T(7'W'N O~ QUEEN513URY
742 Bay RO~id, Queensbury, NY 12804.5902 ~ 18.761-8201
September 17, 2010
Stefanie Dil,a[lo Bitter
Bartlett, Pontiff, Stewart & Rhodes, PC
One Washington Street
P.Q. Box 2I6$
Glens Falls, NY 12801
Re: Rick & Karen Cunningham
384 Ridge Road
Tax Map Parcels: 297.17-1-46 & 47
Dear Ms. Bitter:
1 am writing to you in response to my review of your letter of yesterday along with a map
entitled; "Map of a survey made far Rick & Karen Cunningham" as prepared by Van Dusen
Steves with a most recent revision date of July 20, 20I 0.
I have reviewed your plans and find that an Area Variance is required for your proposal,
Specifically, your proposed lot configurations will not meet the miinimum sideline setback,
lot width, road frontage and lot sizeldensity requirements of the Moderate Density
Residential (MDR) zoning district. This determination is based on the understanding that
the building on the front of parce147 will either continue as a Hair Salon or be converted to a
single family dwelling and the building on the rear of the property is and will continue to be a
single family dwelling.
I understand that you may be in the process of preparing the necessary application materials
Please note our established submittal deadlines when preparing this information. Should you
have any questions, please da not hesitate to contact this office.
Regards,
Town Queensbury
Craig Brown
Zoning Administrator
CB/sh
L:1Craig klrown12010 LetterslDenial Bluer Cunni~ghaun 9_17_10.doc
"HOME OF NnfuxnL t3tnln~v ... A UUUn Pt.AC:r: TU i_ivr°
5ET7'LEIll 1783
WARREN COUNTY
• PAMELA J. VOGEL
COUNTY CLERK DoCUMENT~ Oi404rJigq~
I~~~~~' ' ~"'~
I Lake Georg@, NY 12845QL~ME' 370'a PAGE:: 72
Instrument Number: 2008- 00000882
As
Recorded On: February 18, 2008 Deed Commercial
Parties: WENDELL JOHN
To
CUNNINGHAM RICHARD E JR Billable Pages: 3
Recorded By: JAMES L LAPANN ES4 PC Num Of Pages: 4
Comment:
"Examined and Charged as Follows: ""'
Dead Commerdal 58.00 Cover Page 5.00 RP5217 Commercial 185.00
Tp_5gq 5.00
RecoMing Charge: 237.00
Consideration
. Amount Amount RS#JC3i't
TranaferTax 120.00 30.DOO.QO TT 1380 Basic 0,00
CIUEENSBURY Lowl 0.00 Spedai Additlonal 0.00
Additional 0.00 Transfer 120.00
Tax Charge: 120.00
RECOROEQ
Country Clerks Df1'ice
Feb 18r2009 01:49P
Paaela J. Vosel
Marren Country 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: 2009- 00000892 JAMES L LAPANN ESQ PC
Receipt Number: 105337 107 BAY STREET
Recorded Date/Time: February 1 B, 2009 01:49:17P GLENS FALLS NY 12801
Book-Vol/Pg: Bk-RP VI-3708 Pg-72
Cashier /Station: s slater I Cash Station 3
DQG
~~ ~ _
VOLUME°T37iD~~PAGEt~ 73
Q~~. WARRANTY DEED WITH LIEN COVENANT
3~+°~0
1~ ~ DATE OF DEED: February 16, 2009
~~ ~ GRANTOR: 30HN WENDELL AND COURTNEY WENDELL, his wife
S ~ 8 Courtney Lane
`~ Queensbury, NY 12804
<, ~ GRANTEE: RICHARD E. CUNNINGHAM JR. AND KAREN B.
CUNNINGHAM, his wife
11 Brookfield Run
Queensbury, NY 12804
THIS WARRANTY DEED made between Grantor and Grantee on the deed date stated
above WCTNESSES THAT GRANTOR in consideration of One Dollar ($1.00) lawfiil money of
the United States and other good and valuable consideration, paid by Grantee,
DOES HEREBY GRANT AND RELEASE UNTO GRANTEE and their heirs and assigns
forever all that property known as:
Properly located on Ridge Road
Town of Queensbury
County of Warren
State of New York
TAX MAP # 297.17-1-46
THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULE "A" ATTACHED.
THIS GRANT IS MADE:
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 granted by this Warranty Deed unto the Grantee
and her heirs and assigns forever.
AND THE GRANTOR COVENANTS as follows:
FIRST: That Grantee shall QUIETLY ENJOY said premises;
SECOND: That Grantor will forever WARRANT the title to said premises;
DOGUMEh1T~ +OrOOt]r38g2
Vt7t..UME . 3?LlS PAGE
THIRD: THAT, IN COMPLIANCE WITH SECTION 13 OF THE LIEN LAW, Grantor
will receive the consideration for this conveyance and will hold the right to receive such
consideration as a trust fiord to be applied fast 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.
If there are more than one Grantor or Grantee, the words "Grantor" and "Grantee" used in
this deed includes them.
IN WITNESS OF THIS CONVEYANCE, Grantor has executed this WARRAN'T'Y DEED
on the deed date stated above.
IN PRESENCE OF
~~~
~hn Wendell
State of New York )
ss.:
County of Warren )
~• (~
Courtney W
On the ~ day of Febnrary+ in the year 2009 before me, the undersigned, a Notary Public in
and for the State, personally appeared JOHN WENDELL, personally known to me or proved to
me on the basis of satisfirc~ory evidence to be the individual whose name is subscribed to the within
instrtmrent and acknowledged to me that he/she executed the see in his/her capacity, and that by
his/her signature on the instrument, the individual, or the person upon behalf of which the individual
tad the rostrum
No lic
J1t~Alq L t.aPMlI!
4R>ta*r aubik. Stare of ws7-'Fw~
pwltfiod In Warren County
State of New York) sea. Mo. 4707• ° ID
tiny Cwnmtsalwr Expi
ss.:
County of Warren )
On the ~ day of February in the year 2009 before me, the undersigned, a Notary Public in
and for the State, personally appeared COURTNEY WEIVDELL, 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 aclosowledged to me that he/she executed the same inhis/her capacity,
and that by his/her signature on the inshument, the individual, or the person upon behalf of which
the ' tad, executed e i ant.
No lic
?4
.~ L taPlMlrA
IIDYry Pubtk. stare of Mew rue
QMIIMd In warren CourAy
Rp. No. 47a74~ 20l D
~ °^ ~t
OOCUMEhtT~ C1iGOC+OS92
VOLUME: 370H PAGE= 7S
Schedule A
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, formerly assessed to
Earltown Corporation on the 1994 assessment roll of the Town of Queensbury located in the Town
of Queensbury, County of Warren and State of New York, and designated on the tax map of said
Town as Section 297.1?, Bloc3c 1, Lot 46, (old tax map of said Town as Section 109, Block 1, Lot 4)
being more particularly described as follows:
Ridge Road
Vacant
.28 Acres
For a more modem description please find the following survey description:
All that certain piece or parcel of land, situate in the Town of Queeasbury, County of
Warren, and State of New York, being the same premises as shown on a map entitled "Map of lands
of Linda Blackburn", prepared by Wayne R. Raymond, LS, dated August 1, 2003, bounded and
described as follows:
Beginning at as iron rod set in the easterly bounds of Ridge Road, said point being the
common intersection of the southwest comer of lands now or formerly of Joseph R. Schechter, per
Book 325 of Deeds at Page 492, and the northwest comer of lands herein described, thence from
said point of beginnuig, passing over an iron rod found at 1.9 feet, and along the southerly bounds
of Schechter, South 47 deg.2lmin.00sec. East, 200.00 feet to point in the westerly bounds of lands
now or formerly of Ernest and JoAnn Hicks per Book 1092 of Deeds at Page 137, thence along said
lands of Hicks, South 42 deg.39min.00sec. West, 60.00 feet to an iron rod found, said point being
the northeast corner of lands now or formerly of Richard and Karen Cunningham, per Book 666 of
Deeds at Page 88, thence along the northerly bounds of Cunningham, North 47deg.21 min.00sec.
West, 200.00 feet to an iron rod set in the easterly bounds of Ridge Road, and passing over an iron
rod found 1.0 feet therefrom, thence along the easterly bounds of Ridge Road, North 42
deg.39min.00sec. East, 60.00 feet to the point or place of beginning. Containing 0.276 acres of
land, more or less.
Being the same premises conveyed by Linda Blackburn to John Wendell and Courtney
Wendell, his wife, by Warranty Deed dated February , 2009 and recorded in the Warren County
Clerk's Office simultaneously with this deed.
RECORD AND RETURN TO:
James L. LaPann, Esq., P.C.
107 Bay Street
Glens Falls, NY 12801
auadnd IQ.Y.B.T.II. !'atm 80a8~ &61-6N-W~nutr Dad vlth l~n Co~~sant-Ia~fslduY or Coryontb~.
/ coruuar roue uwrrae swotts stotsodo tftts wst~a~r nus warswrsrr snosan a use snr uwrwts otwr.
~1~ II//~
'~ l0.7 1'4H3IIiDEt'i7VRF, made the /Z!J~day of October , nineteen hundred ar~d eighty-£our
:17 BE1'VVEf1Y DOROTHY CHARTIER residing at Ridge Road, Town of Queensbury,
c-
'" Glens Falls, New York 12801
QA
t~
party of the Srst port, and
C, H.
RICHARD/CUNNINGHAM~g;:g&KAREN/CUNNINGHAM, husband and wife,
residing at County Line Road, Town of Queensbury, Glens Falls,
New York 12801
party of the second part,
WI[NFSSEPH, that the party of the first part, in considention of ----------------------------^
ONE ($1.00) ---------------------~_----------------~dollaro,
lawful money of the United States, and other good and valuable consideration paid
by the party ~ the second part, does heroby grant and release auto the party of the second part, thdr heirs or
successors aad assigw of the party of the sernnd part forever,
IOiLKfl~ltl~f7{~f~fiSKBiC3~[afdj
ALL THAT PIECfi, PARCEL OR LOT OF LAND situated in the Town of
Queensbury, .Warren County, New York, lying on the easterly side
of 'the highway leading from Glens Falls to Kattskill Bay and known
' as the Ridge Road, bounded and described as follows:
COMMENCING at a point 361.98 feet northerly along the Ridge
rnxntAp Road from the most southerly point of the property mentioned and
[)ESIGAIATtON
far. described in a deed from Rose Mary Dobrindt to Tom Rogers and Cleo
~ H. Rogers, his wife, which deed is dated July 18, 1947 and recorded
eu. in the Warren County Clerk's Office on the 19th day of July, 1947
~; ~al,~; in Book. 253 of Deeds at page 381s running thence southerly at right
angles with the easterly side of the..Ridge Road two hundred feet
to a corner; thence southerly and parallel to said Ridge Road sixty
feet to a corner; thence northerly and parallel to the first des-
cribed line two hundred feet to the easterly side of Ridge Road;
thence northerly along said Ridge Road sixty feet to the place
of beginning.
The said above parcel of land being known as Lot No. 4 on a
i
1
i
{
t
r i
w
A +
map entitled "Map of Tom Rogers, Subdivision, Ridge Road, Town
of Queensbury, Warren County, New York" made by E.L.H. Meyer, C.E.,
dated May 31, 1947 afld filed in the Warren County Clerk's Office on
QD
the 6th day of November, 1947. '~
This conveyance is made subject to the easements and
I
restrictions of record and utility easements.
Being the same premises as described in a deed from Russell ~
Warrick to Dorothy Chartier, dated July 30, 1965 and recorded in
the Warren County Clerk's Office on August I0, 1965 in Liber 458
of Deeds at page 111. ~
t
r
m
ca
..+
COGETFIER with au right, title and interest, it any, of the party of the first put is and to wy streets and
•oads abutting the above descrih~ pressisea to the omter lines thereof,
!'OCsETFIFR with the appurtenances amt aA the estate and tights of the party of the first part is and o0
laid premixes,
TO HAVE AP1D TO HOLD the premises herein (panted unto the party of the aeotxtd Part. the lairs ttr
successors and assigns of the party ~ the stwond part forever.
AND the party of the first part. in compiiaaee with Stction 13' of the Lien Law, wvemnta that the party o[
the first part wn'lt retYive the consideration tar this conreyatttx sad will hold the right to receive strh oondd-
eration as a trust ftmd to be applied first for the purpose of paying the costs of the improvemrnt aacl will apply
the same first to the payment of the cost of the improret~at before using say part o[ the total of the same for
say other purpose.
AND the party of the first part covetraaU as foLLows:
Fusr.-That said party of the first part is seized of the acid ptcmisea in fa simple, std has good right to
convey the name;
Sscoxn.-That the party of the second part shall quietly enjoy the said premises;
Tama-That the said pteadses are free from incnmbtattces, except as aforesaid;
Fotrsra.-That the patty of the first part vv+71 execute or proc~ae a~ iwther t-aessarp asauraace of the
titre to said pretniaea;
Ftrra.-That said party of the first part w~71 fot~ever wamat the title to acid psmdsa.
The word "party" shall be construed as if it read "parties" whenever the aeose of this iadeatnre m requires.
IN YV[11VESS WHFREOP, the party of the brat part has duly exeented thin deed the day sad year first shore
wrIttm
Ix rsnxtrt:s o'[r~ ~~
\'~~s4'U~."'Y"
Dorot y Cha tier
STATE OF N[W YOIK, couNTY of WARREN ut
•t
On the ~ 6 'day of October 19 88 ,before me
personally mme
DOROTHY CHARTIER
to me known to be the individual described in and who
esecutcd the foregoing i~ns~trum~en~t,~and acimo~w~ledge~d that
executed the sam-~~!.C~4Atip/l ~- ~~~J
nnNII.,L T. snlrrx
h~•lsry t'nL!ic, Data or Now YoA
l::•..i, ic,~ i„ Y.nrren Cot„d~
Mr L`evnmi+ai•:e 1' uirea u[urh sµ l+ iL
ti)MN+~25
STAT! OF N!W TOIIN. COUNTY OF us
On the day of I9 , before me
person. lly tame
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
Shat he is the
of
,the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to sairt instrument is such corporate seal; that it was so
atlixed by order of the board of directors of said corpora-
tion, and that 1tc signed h name thereto by like order.
STATE OF N!W TOlIf, COYNTT O! an
On the day of 19 , before me
personally came
r
to me known to be the individual described in and wlto
executed the foregoing instrument, and acknowledged that ~
executed the same. ~
v
CD
!r+
STATE OF NiS1Y YOR1t. COONTT Oi ter
On the day of 19 ,before me
personally came
the subscribing witness to the {oregoing instrument, with
whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at No.
that he knows
to be the individual
described in and who executed the [oregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
~~ at the same time subscribed h name as witness thereto.
h~~CURiit~.(:
Elms- 8 I(1 z6 AM's+~
~tmentp ~eeD
WrrH FULL COVBNANTS
TITLa No.
SECTION •.. - "~.._. _.
et.ocx WAliii is ~ i ?: 'i i .,NEk Y:.
LOT .I(IFih : Sq,i ubt~
COUNTY OA TOWN
TAX BILLING ADDRESS
70
STMIN1110 toast a Mtw roast aoAaY rn rnu YMaeawemar
oo,„ti.tw h
~,r T1TlE faUARAN7'EE-
J NEW XORK
ATfeON COMFtWY
Reeordetl AI Request of The T~tls Guarantsa G~mpany
l87rJ11V 6Y 1NAA. TO:
DANIEL T. SMITH, ESQ.
Green Mansions Road
Chestertown, New York 12817
Zip t•7o.
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