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Application
February 2011 ZBA Area Variance James & Lillian Conway 32 Nacy Road Single-family dwelling Side setback relief Relief from height requirements Cross Ref. Site Plan Review TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 January 18, 2011 James & Lillian Conway 10 Cresthaven Lane Clifton Park, NY 12065 RE: 32 Nacy Road Single Family Dwelling Tax Map Parcel No: 289.6-I-32 Dear Mr. & Mrs. Conway: I am writing to you in response to my review of your proposal associated with the above referenced project and to document our recent conversations on the same with your project agent, Tom Hutchins.. My review of your plans has revealed that the proposed building project will require an Area Variance and Site Plan Review prior to the issuance of a Building Permit. Specifically, the proposed home does not meet the side setback requirement of the Waterfront Residential district. Additionally, the proposal exceeds the maximum height requirement as well. Site Plan Review is necessary as the proposal calls for construction on a site having slopes in excess of 15 % within 50 feet of the proposed structure and for the conversion of a seasonal dwelling to a year round dwelling. The findings offered in this letter are based on the plans submitted; however, an accurate property survey may have an effect on relief necessary. Specifically, the shoreline setback is required to be a minimum of 50 feet or the average setback of the homes on the two adjoining properties. The plans that I reviewed did not offer the neighboring setbacks. I understand that you are preparing the necessary application materials for this project. Please note our established submittal deadline and pre-submission meeting requirements when preparing your papers. Should you have any questions regarding the above comments, please do not hesitate to contact this office. Sincerely, Town Queensbury Craig Brown Zoning Administrator CB/sh L:~Craig Brown~2011 Letters~Deniai Conway 1 18_1 i.doc "HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE" SETTLED 1763 ~' Ca~~ Area Variance Revised June 2009 General Information Tax Parcel ID Number: 289.6-1-32 EcEly V, AN 13 20 1 Zoning District: wR `~ T0~ OF QUEEN~,~URY BONING OFFICE Detailed Description of Project [includes current & proposed use]: Remove and replace existing residence, upgrade utilities Location of project: 32 Nacy Rd., on Gien Lake James and Lillian Conway 10 Cresthaven Ln., Clifton Park, NY 518-944-9303 (J), 518-281-3431 (L) O Hutchins Engineering 518-745-0307 Same as applicant 169 Haviland Road 518-260-7499 518-745-0308 l7 Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 1 Area Variance Revised June 2009 Pre-Submission Conference Form X179-p4-0401 1. Tax Map ID ZC7 9~ ~ ~ ~ Z 2. Zoning Class cation ~~ 3. Reason for Review: fi7- ~ ~~ /f~lG~~ ~N~ -~~~~ ~~~ ~~~~ 0 4. Zoning Section #: l77 ' 7 5. Pre-Submission Meeting Notes; Outstanding Items To Be Addres ed Include: Deed Y ~N es o General Information complete Yes No Site Development Data Complete ~ Yes No Setback Requirements Complete Yes No Additional Project Information Complete ~~~ Yes No FAR addressed ~lfes No Compliance with Zoning Ordinance ~t//_~S(es No Checklist items addressed i/ Yes o Environmental Forrn completed ~ Yes fVo Signature Page completed. Yes No ~y~J~f /Y1 y Si lac ~'~~o'n/~. Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 ,~ RESOLUTION APPROVING JAMES AND LILLIAN CONWAY'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 33, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, James and Lillian Conway filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow a leaching system to be located: 1. 82' from a neighboring well in lieu of the required 100' setback; and 2. 3' from a property line in lieu of the required 10' setback; on property located at 32 Nacy Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Boazd of Health conducted a public hearing concerning the variance request on Monday, December 6~', 2010, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Boazd of Health fords that the granting of the variances is necessary for the reasonable use of the land-and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Boazd of Health hereby approves James and Lilliam Conway's application for variances from the Sewage Disposal Ordinance to install a leaching system: 1. 82' from a neighboring well instead of the required 100' setback; and 2. 3' from a property line instead of the required 10' setback; contingent upon the applicants' installation of a split-rail fence azound the absorption field to prevent car pazking, on property located at 32 Nacy Road in the Town of Queensbury and bearing Tax Map No.: 289.6-1-32. Duly adopted this 6th day of December, 2010, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None 2 169 Haviland Road Queensbury, NY 12804 Hutchins Engineering Phone: (518) 745-0307 Fax: (518) 745-0308 January 18, 2011 Mr. Keith Oborne, CPESC Town of Queensbury Planning & Zoning 742 Bay Road Queensbury, NY 12804 Reference: James & Lillian Conway, 32 Nacy Road, Parcel ID 289.6-1-32 Application for Area Variance and Site Plan Review Dear Keith: In accordance with our recent discussions, enclosed please find 15 sets of plans with an application for area variance, and 15 sets of plans with an application for site plan review for the referenced project. The local Board of Health approved a septic variance by resolution BOH 33, 2010 on December 6, 2010. The Conways propose to demolish the existing, older 1,330 SF footprint residence and replace it with a new 973 SF footprint residence. The new residence will be constructed further from the lake and further upslope in order to minimize vertical separation between the parking area off Nacy Road and the main floor of the residence. Presently, there is approximately 20.7 feet of elevation change (33 steps) between the parking area and the main floor of the residence. The proposed building will be located upslope such that it is approximately 9 feet below the parking area, and will be in conformance with current building codes. Although the proposed building will be constructed in a much more compliant manner than the existing building, area variances for building height and side setback relief are requested. Considering the specific circumstances of this property, we believe that these requests for relief are reasonable and justified, and we look forward to presenting this project to the Planning Board and Zoning Board of Appeals in February. Should you have questions or require additional information, please contact me. Regards, -___-, `~ ~ - ~ ~, G~~ omas Hutchins, P.E. Cc. James & Lillian Conway G. Thomas Hutchins, P.E. 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: 1 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 8~ dated • Pre-Submission Meeting Notes: signed by staff • Denial Letter: from the Zoning Administrator • Waiver Request: any request for a waiver from the applicant regarding submission requirements. • COpY Of D@ed • Survey: stamped, dated & signed • Fee ZONING STAFF Ss CONTACT INFORMATION Craig Brown, Zoning Administrator craigbCa~gueensburv.net Keith Oborne, Land Use Planner keitho(a~gueensburv.net Sue Hemingway, Office Specialist (518) 761-8238 Visit our website at www.gueensburv.net for further information and forms. Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 0 Area Variance Revised June 2009 General Information Tax Parcel ID Number: 289.6-1-32 Zoning District: wR Detailed Description of Project [includes current & proposed use]: Remove and replace existing residence, upgrade utilities Location of project: 32 Nacy Rd., on Glen Lake y._, :AppltC~ ~ a `James and Lillian Conway , ~ .~ 10 Cresthaven Ln., Clifton Park, NY r~ ~. .. Q~ ~• ~ ~ 1 518-944-9303 (J), 518-281-3431 (L) Hutchins Engineering 518-745-0307 tutchins@hutchi Same as applicant 169 Haviland Road 518-260-7499 518-745-0308 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238 1 Area Variance Revised June 2009 Site Development Data Area /Type 4Existing sq. ~~ ~., ~ ~-' rop©sed r '"}%4dcfition s .`ft. Tota! sq. ft. A. Building footprint 1,330 -322 1,008 B. Detached Garage s73 0 673 C. Accessory Structure(s) 338 -124 214 D. Paved, gravel or other hard surfaced area 5ss 0 566 E. Porches /Decks 42 214 256 F. Other NA NA NA G. Total Non-Permeable (Add A-F] 2,849 -232 2,717 H. Parcel Area [43,560 sq. ft. /acre] 10,716 10,716 10,716 I. Percentage of Impermeable Area of Site [I=G/H] 27% -2 /o ~ 25°~a Setback Requirements F ~,A,rea 4 ~;, M~:. ~~ Front [1] 30' 68.3' t51' Front [2] NA NA NA Shoreline 73' 59' t66' Side Yard [1] (East) 20' 1d' t20' Side Yard [2] (West) 20' S.6' t12' Rear Yard [1] 30' NA NA Rear Yard [2] NA NA NA Travel Corridor NA NA NA Height [max] 28' NA t31' Permeability 75% 73°~a t75,/a No. of parking spaces NA NA NA Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Additional Project Information Will the proposal require a Septic Variance from the Town Board of Health? Yes 2. If the parcel has previous approvals, list application number(s): BoH 33,2010 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? No 4. Estimated project duration: Start Date os~2o11 End Date 102011 5. Estimated total cost of project: $250,000 6. Total area of land disturbance for project: ta,8oo sF 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 [FARJ 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 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 1o,71s sF s . ft. Existin Floor Area 1,484 SF s . ft. see above definition Pro sed Additional Floor Area 857 SF , ft, Pro osed Total Floor Area 2,341 sF , ft. Total Allowable Floor Area 2,358 SF Area x o.22 see above table Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 _ _ _._ ___ Requesting relief from SECTION: 17x-3-o40, Part A.S.b Compliance with Zoning Ordinance Need relief from the requirement(s) listed below which can not be met by the project as proposed. (Chedcallthatapp/y) [wetback ^ Buffer Zone p Lot Width ~OtherHeight 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? Please see attached 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? 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 Hutchins Engineering 169 Haviland Road Queensbury, NY 12804 Phone: (518) 745-0307 Fax: (518) 745-0308 January 5, 2011 Revised January 21, 2010 Town of Queensbury Zoning Board of Appeals 742 Bay Road Queensbury, NY 12804 Reference: 289.16-1-32 -James & Lillian Conway In response to items 1-5 of "Compliance with Zoning Ordinance" we offer the following: 1. An undesirable change to the neighborhood will not be caused by granting this area variance. Improvements will be made to the building and property while many items not in compliance with the current zoning ordinance will be alleviated through the proposed action. Such improvements include: a. The eastern side setback is proposed to be 20' as required, rather than 10' which it currently is. b. The western side setback is proposed to be 12' rather than 6' which it currently is. c. The shoreline setback is proposed to be 66' rather than 59' which it currently is. d. The lot permeability is proposed to be 75% as required, rather than 72% which it currently is. 2. The benefit sought by the applicants cannot be achieved by other means. The desired outcome is to raise the first floor elevation of the house for ease of access to the residence. The applicants currently must use a staircase with 33 risers and 20' of elevation change to access their residence. This is becoming a hardship on the landowners. The proposed site plan will reduce the elevation change to approximately 10'. Also, as the existing house is anon-conforming structure, any modification to the residence would require a variance and would not produce the benefits listed in response 1. 3. The side setback variance sought may be considered substantial considering that the applicants are requesting 40% relief. This is a significant improvement on current conditions, though, which would equate to a 70% relief. Also please consider that the side variance is only for stairways to access the residence. There are no buildings, decks, or porches proposed within the side setback. The building itself will be completely compliant. The height variance of 3' (t11 % relief) should not be considered substantial as the proposed house will not be substantially higher than surrounding residences and the proposed residence consists of a first floor and a basement only. G. Thomas Hutchins. P.E. The shoreline setback, requesting 7' of relief (t10%), should not be considered substantial because the proposed setback is greater than the 50' setback outlined in the Table of Area Requirements, and will not be substantially closer to the shoreline than surrounding residences. 4. The proposed variance will not have an adverse impact on existing physical or environmental conditions. To address some concerns please consider the following: a. The site plan has been engineered with construction phase sediment and erosion controls, as well as permanent vegetative buffer plantings. b. The impervious areas of the site will be reduced by approximately 230 ft2 resulting in less runoff. 5. This hardship may be considered self-created due to the fact that it is the applicants desire to improve their property. Once completed, the residence will be less non-conforming, and will be a better fit for the parcel. Area Variance Revised June 2009 Submittal of a stamped and sioned SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. A• . ° GEMEtL4L~~ , , ~ x a ; SFf„OWN;C~1 "` .,,F,~ ~_, ~ 1 Title, Name, Address of applicant S person responsible for preparation of drawing S 1 & S2 2 Deed Attached 3 North arrow, Tax Map ID, date prepared and scale [minimum 11n. = 40 ft.] S1 & S2 4 Boundaries of the property plotted to scale, zoning boundary S1 8~ S2 5 Principal structures, accessory structures with exterior dimensions S1 & Arch. 6 Site improvements incl. outdoor storage areas, driveways, parking areas etc : existing & proposed , . S1 7 Setbacks for all structures and improvements: existing & proposed S1 8 S2 8 Elevations and floor plans of all proposed and affected structures Arch. ~ ~ ` s ~ ~ HOYYN,D N ;x y 1 Project sewage disposal fatalities, design details, construction details flow rates and number of bedrooms proposed , , S2 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site water supply and se tic S1 ~ S2 3 Separation distances for proposed sewage disposal system to well and water bodies S2 4 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 a S1 & S2 5 Percolation test location and results S2 C. ,., ;~~, •h PERM; ~ S .t-; - re~~~; , ~~` '" "i ~ ~ ;!x < p~~N. ~, ;. , , , s ~• . 1 Number of spaces required for project incuding taalculations and justification: existing ~ proposed NA 2 No. of existin arkin s aces, number to be removed, number to maintain and of surfaci material e. ., ravel, ve S1 3 Provision for pedestrian and handicap access and parking: existing & proposed NA 4 Design details of ingress, egress, loading areas and cutting: existing $ proposed S1 5 Location and character of green areas [existing and proposed] modification to green area buffer zone to remain undisturbed , , S1 6 Lighting, location and design of all existing and proposed outdoor lighting NA r fl,:, ~ , .. - „ . E T ~`"` ;:u , ~. ._ .._ .~ ,~s ~ ,.,,. ~~ 1 , On-site $ adjacent watercourses, streams, rivers, lake and wetlands ... S1 ~ S2 2 Utility /energy distribution system [gas, electric, solar, telephone]: existing i~proposed S1 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. S1 & S2 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing 8 ro osed NA e Signage: Location, size, type, design and setback: existing $ proposed NA f Waiver Request: provide letter with application requesting any waivers:. please reference speafic items NA g Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading 8 Lighting Plans NA h Identification of Federal, State or County permits required for the project together with a record of application for all necessary ermits ' NA Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Pre-Submission Conference Form f179-4-040 1. Tax Map ID Z~9o ~""~ ~'~ 2. Zoning Classification ~~ 3. Reason for Review: ,~ y: ~~ f~.~CGfC/ ~N~ ~~~~ `~%~~~~ 4. Zoning Section #: l7~ 7 5. Pre-Submission Meeting Notes; Outstanding Items To Be Addres ed Include: Deed Yes ~No General Information complete Yes No Site Development Data Complete ~ Yes Setback Requirements Complete Yes Additional Project Information Complete ~~ Yes No No No FAR addressed _1Yes Compliance with Zoning Ordinance ~es No No Checklist items addressed ~/' Yes Environmental Form completed Yes Signature Page completed Yes o No No ~NA~',P~ir~ E,~i-.~~Ni~c1~ ~c~~c,% 6 l~~'N l~L- L ~ TTi Staff Representative: ~-'' ~~ Applicant /Agent: Date: ~/~-~ ~~~ 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 APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: James/Lilian Conway Designates: Hutchins Engineering As agent regardi / V nce / Site Plan Subdivision For Tax Ma o • 9.6 a ion ~ Block 32 Lot Deed R ren 29 ook 43 Page 2002 Date OWNER SIGNATURE: ,lac-- __ _ DATE: 2.) ENGINEERING FEE I~CLOSURE: Applications m~.j/be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as etermined 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 applicants 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. 6.1 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 statemenUdescription 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 P ' me [Ap licant] Dat sig d rint Name [Agent] Da n d Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 q w~RR rr cotnvT-J c~Fpx l .? y - r. RECGR~ ~ DTG COV=R SnR'iT Smp . ~n_..ials ~ci' Instrument f~~J`'~ ~ ~-~r-- o age s `~ Tcwr. _..,.~ ~ ~ F' ~ `"~ ~, addl. Fee Addtl Names_,~~ m ~ ` C1k~ ~~...~ ^~ . aP_S ~ ° r t a}~ ?~.IiIL . ~/ -or Tra'-=a- - t..x Stamp ~ ~~GEIV~f3 ,~- : ~~6~L ~S~'ATE ~ ~~ a ~~~ • . l I"'11 V V i- f W 1 [ ~ l 1 `1 1~ I ~ a ~q [ ') ( ~ /' ~ p ~ ~^ ~t15-i~~~ VVL/lY i ~ ~~ ~ ~ . Mcrr~age Tam pmt . Mcrtgace Ta.~ Stamm ~. Mortcage Tax n '~`' 4,..: Grantor Mort a or ~~ ~~~ ~~~~`~ ~~ / S ~ / Grant=e/Mortgagee C..-o-'~ Wc~.,h -~r~-.e?~ ~"~;~I, ~G~,h 7.vcprded b return to Goon recor~ing, ~:nis Dace becomes a nar= o= t:ze docume-~- {$3.40) ///////%/i//////%///%////%%/%% / Recordir_g Stamp / / / ~? `~~ i , / / _ -`~ / / 1, ~~,^ ,~ / ,. ~ ~. '° ~ WARRANTY DEED with Lien Covenant THIS INDENTURE, made this 15th day of September, Two Thousand and Two BETWEEN THOMAS VALENTI a/k/a Thomas Valente, residing at P.O. Box 556, Alpine New Jersey, 07620 party of the first part, and .-- ~; h.r- hr C~'~ G ~:~ r,- LITTLE & O'CONNOR ATTOHNEY$ AT I.AW I9 W, NOTRE GAME STREET P.O BOX B9B (iL.ENS FA LI. S, NY 12801 TEL 518 J9:.2119 JAMES COT?WAY and LILLIAN CONWAY, his wife as tenants by the entirety, residing at 10 Cresthaven Lane, Clifton Pa~~k, New York 12065 parties of the second part, WITNESSETH that the party of the first part, in consideration of ONE DOLLAR ($1.00) lawful money of the United States, and other good and valuable consideration paid by the parties of the second part, does hereby grant and release unto the parties of the second part, their heirs and assigns forever, ALL THAT PARCEL OF LAND situate in the Town of Queensbury, County of Warren and State of New York Described in schedule ~~A " attached hereto and made a part hereof. Being the same premises conveyed by Robert S. Enzinna acrd Carol M. Enzinna to Thomas Valente n/k/a Thomas Valenti by deed dated June 12, 2000 which deed was recorded July 11, 2000 i.n the Warren County Clerk's Office in Book 1172 of Deeds at Page 219. SUBJECT to all covenants, easements and restrictions of record and any state of facts an accurate and up to date survey would disclose. TOGETHER with the appurtenances and all the estate and rights of the part of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein. granted unto the parties of the second part, their and assigns forever. AND said party of the first part covenan` as follows: FIRST, That the parties of the second' part shall quietly enjoy the said premises; SECOND, That said party of the first part will forever warrant the title to said premises. i r THIRD, That, in compliance with Section'13 of the Lien Law, the grantor will receive the consideration fo this conveyance and will hold the right to receive such considera: ion as a trust fund to be applied first f.or the pur_posn of paying t1_re cost of the improvement and will apply the same first to the payment of ttie cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part Yeas hereunr.o set his hand and seal the day and year first above written. ,--~." IN PRESENCE OF !``~.~''"'~-_--_____. ___.__- THOMAS VALENTI STATE OF NEW YORK) SS . . COUNTY OF WARREN ) On the ~ day of September, in the year 2002, before me, the `'` undersigned, a Notary Public in and for said State, personally "'Y appeared THOMAS VALENTI, personally known to me or proved to me _= on the basis of satisfactory evidence to be tYle individual wYiose name is (are) 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 individual acted, executed the instrument. '~~ ~, __ r , `~-,,, -~-4 t, Notary Pu~lp~c J MICHAEL J. OCONNOR Notary Pubfie, State of New York Warren Co. #020C2~?37400 My Commission Expire>a Sept. 9, 20 U -tom y- ,~'_` . L.,} L~- ~~ ~Y~c~.A r~ ~j~~-e L~ LITTLE & O'CONNOR ATl'URNEYS AT LAW 19 W. NOTRE DAME STREET P.O BOX B96 GLENS FALLS. NY 12601 TEI_. 5 18-792 2 1 1 3 SCHEDULE "A" ALL THAT PIECE, PARCEL OR LOT OF LAND situate, lying and being in the Town of Queerzsbury, County of Warren, State of New York, being more particularly bounded and described as follows: ''=' BEGINNING at a point on the northwesterly shore of Glen lake and in ~~ . '::~ line with the property now or formerly owned ~by Leonard Nacy; running ~"' northwes~erly a7.or.g s~.id line two hundred (200,) feet to ~i co.rner now °~ marked b an iron i e driven in the ~~_ ~-.a Y P P ground; tiie.l- ~~ i.r_ a westerly ~.,; direction fifty-two (52) feet; thence southeasterly t-wo hundr~e.d feet to a point on Glen lake five (5) feet east of an iron pipe driven i.n the ground '`" marking the corner of the lots now or formerly of Lewis Ensign and Pearl Ensign, and the corner of William R. Bates; thence east along the shore of sA the lake as it winds and turns forty-five (4.5) feet to the place of ~' beginning. __ ,., ~ PARCEL OR LOT OF LAND situate lying and ;? ALSO: ALL TI iAT CERTAIN PIECE, . being in the Town of Queensbury, Warren County, New York, bour;ded and described as follows: Beginning at a point on the northwesterly shorn of Glen Lake, said point being the southwest comer of the first parcel of land conveyed by Francis J. Irolleher to the parties of tiro first part (Martin J. Larrow and Luclllc Roberts Larrow) by deed dated Soptembec 30, 1960 and recorded in the Warren County Cicrk's vfl:cc ~~~ Ociobe: 4, 19601-= >3'aok 403 of Deeds at pogo 101, and the southeast corner of the lands conveyed by W111iam L. Merritt and Elizabeth Mcmtt, his wife, to the patties of the second part (William 5. Nervy and Mary Ruth Henry) by decd data! July 20, 1954 and recorded in said Clerk's Oflicc on August S; 1954 In Book 334 of deeds at page 41 S, running thence northerly along the east line of the lands of the said parties of the second p~.K a distance of two hundred feet (200') to an iron pipe marking the northeast corner of said lands and the northwest corner of the first parcel of land conveyed to the said parties of the fast part by said deed of September 30, 1960 (said iron pipe being i'a the south line of a roadway); thence easterly along the south line ofsaid roadway and the north lint of the first parcel of land conveyed to the said pariica of the first pari by 3ald deed of September 30, 1960, a d!staaro of thl*ty feet (30') to a pnlnt for a roan^:; ihcnc~ aouthsrl; i.n a st.*a!eht llr~ to the pelr_t or place of beginning, being a triangular parcel of land lying 1.asmedlately easterly of the lands conveyed to said parties of the second part by said decd of July. 20,1954,