Loading...
ApplicationNew Business Area Variance No. - 2011 Review in the month of June 2011 Scott Kingsiev 4 Hillman Road 1,.120 sq. ft. freestanding .garage (relief needed for max. allowable height) Cross Ref. (Stormwater Mgmt Permit) April 13, 2011 TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 Scott Kingsley P.O. Box 349 Cleverdale, NY 12820 RE: 1120 sf freestanding garage 4 Hillman Road Tax Map Parcel No: 227.17-1-9.3 Dear Mr. Kingsley: ~h ~~ ~~ ~~ ~~ 518-761-8201 ~/ / ~' I am writing to you in response to my review of your plans depicting the proposed construction of a freestanding garage on the property referenced above and to document your recent conversations with Keith Oborne of my office. , Upon review of the plans submitted to this office, I find an Area Variance will be necessary in order for you to complete the project as proposed. Specifically, the proposed garage exceeds the maximum allowable height for such an accessory structure in the Waterfront Residential zone. Additionally, as the project calls for the creation of more than 1000 sf of impermeable area, a Stormwater Management Permit will also be necessary. At this time we are considering your project to be a minor project with regards to stormwater management however; this determination may change upon review of a complete set of project plans. Further, clarification of the height issue and the final grading of the site may alter this determination. I understand that you are preparing the necessary application paperwork for this review process. Please note our established"submittal deadlines when compiling your application materials. Should you have any questions regarding the above comments, please do not hesitate to contact this office. Sincerely, Town o Queensbury Craig Brown Zoning Administrator CB/sh L:\Craig Brown~2011 Lctters~ial Kingslcy 4_13_1 l.doc "HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE° SETTLED 1763 ~~ `, _ -~~"ax Parcel ID Number: `Zoning District: Detailed Description of General Information Z Z'Z . t '`7 - Y -- ~ . 3 @Ct [indudes current & proposed use]; ~, , 1 . ~ Area Variance Revised June 2009 ~ - -- Location of project: r ~:. t .: Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12844.518-761-8238 Area Variance Revised June 2009 ~~ ubmission Conference Form 179-4-040 1~~ Tax MaplD 2.~`7•~`T--~"~. 2. Zoning Classification /~U~- 3. Reason for Review: l'~~• 1"~~ Iy~l~/~~/V~ ~~ ~-~ 4. .Zoning Section #: ~ 7~`~~ Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include: ~ Deed Yes No •- Genera! 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 Environmental Form completed Yes ~ Yes No No Signature Page completed Yes No ~Gc9Aj~ -~ ~~°~ ~- .SiZiev ~ c~f= ~Y~C~ ~b ©N ~~~ vf= ~.-r2uc~'y,~2,~ ,~- ,~-G~~~iV Jowl--~ , ?,` ~ s; ~~taff Representative: ,•'' Applicant /Agent: :~ ~ l~ _ __.... ._ Town of Queensbury • Zoning Office • 742.-Bay Road • Queensbury, NY 1.2804.51&761-8238 6 Area Variance Revised June 2009 Tax Parcel ID Number: Zoning District: Detailed Description of ~' .., ..T ~-- --~` General Information lest [includes current & proposed use]: ~ ^} ~.. a--~P iL ~ 3 1 f ~~ t ~ 2, Location of project: ;~ n~~_ o~ Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804.518-761-8238 j Area Variance Revised June 2009 Site Development Data ~ ~ -Area / ~y~ r ,; ~ - w'+ ..Jy ~ 'P ,T i~~I3~~('Y~y _.}~~4 ~.. r V ,~ to _° . T:. H. R i ~ J. c~.1 A. Building footprint f 6~~ B. Detached Garage C~ ~ ~~~ ~~ C. Accessory Structure(s) ~, ~ ~. ~'. D. Paved, gravel or other hard surfaced area 3 ~~-- t r~ 6 ~ Z~ E. Porches /Decks ~~ ~ f.`~~ =F. Other G. Total Non-Permeable {Add A-Fj s~l~ 2l ~~ ~~~ ~H. Parcel Area [43,560 sq. ft. /acre] ~iy~z ~~~~~ ~~~ I. Percentage of Impermeable Area of Site [I=G/Hj ~ ~ ~ '~~ 3~ z 8 ~ `~ ~ .. r ~ ~ Setback Requirements ~r Q"~y, }' a ' ~ ~ . ! Y (, Y - '~ 2f1~~'-C F. ~a.t .1r Fz„' ~. ~. Front [1] f ~ ~~ ~~3 ~ ~~ Front [2] j ~ ~ ~ ~ ~© (Q Q- Shoreline Side Yard [1] Side Yard [2j Rear Yard [1] ~ ~~ 151i Z3' Rear Yard [2j 3~~` 3°1` / , Travel Corridor Height [max] ~.-_- Permeability `~ . -No. of parking spaces Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804.518-761-8238 2 Area Variance Revised June 200! Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? ~~ 2. If the parcel has previous approvals, list application number(s): 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? ND 4. Estimated project duration: Start Date ~ Y End Date ~ D 5. Estimated total cost of project: ~ ~'f 5, (9(;~(? 6. Total area of land disturbance for project: ~~ cC® ~}. '=n, Z 3 ~c ,~-~ s 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. '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 ARF~ RATIO"). ~: 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 s , ft. Existin Floor Area Z s . ft. see above definition Proposed Additional Floor Area 'L s . ft. Pro osed Total Floor Area s . ft. Total Allowable Ftoor Area 2. f) Z v Area x , Z Z see above table c Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238 3 Area Variance Revised June 2009 Compliance with Zoning Ordinance Requesting relief from SECTION: ~ `'tq - ~ -- p ~p Need relief from the requirement(s) listed below which can not be met by the project as proposed. [Check a/I that apply] ^ Setback ^ Buffer Zone 0 Lot Width 'Other ~ ~ 4 ~ h k / ~=,~~ :;,°.~,rf.. ~-,~:,~{ ~~ ~„ 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? ~. ~; 3. P_ Y' t i, c WA A V' a 11N• rz.eA .~.. JI _ .. ~.. _ _ i _ { 1 1 • - ~ ~.- P e { l r 1 d 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804.518-761-8238 4 Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? Whether the requested area variance is substantial? ti i i i P~ _ i Y° ~ ~ n a W~{hether the alleged difficulty was self-created? Q ` y 1'~' ~ ~ ~'~~ 5 C.C vl~ ~n LC W'15 9 ~E'. ~^PL~ '~-~ 1~ '~'~0 ~ `r' ~~P~~ ~~ CA,a;' Sf~~ Ins. Area Variance Revised June 2009 Submittal of a stam ed and si ned SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. ,' ~ , ; s 5 1 Title, Name, Address of a licant & erson res nsible for preparation of drawing 2 Deed 3 North arrow, Tax Map ID, date prepared and scale [minimum 11n. = 40 fLj 4 Boundaries of the property plotted to scale, zoning boundary 5 Principal structures, accessory structures with exterior dimensions 6 Site improvements ind. outdoor storage areas, driveways, parking areas, etc.: existing & proposed 7 ~ Setbacks for all structures and improvements: existing & proposed 8 Elevations and floor plans of all proposed and affected structures `~' i ' 'g . : ~... 1 Project sewage disposal fadlities, 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~ite water supply and se tic 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 I indudin dail water usa e 5 Percolation test logtion and results ~~2 _,.'. ~4,F~7~~*i+;" ~-::, stiff ~.. ~r. 1 Number of spaces required for project inducting calculations and justification: existing & proposed . _ . -Z No. of existin arkin s aces, number to be removed, number to maintain and a of surfadn 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 ;~, ~~~`; ,' ~ 1' ~;; ~~ ~,r~~ I i. 1 On-site & adjacent watercourses, streams, rivers, lake and wetlands 2 Utility /energy distribution system [gas, electric, solar, telephone]: existing & proposed 3 Location, design and construction details of all existing and proposed site improvements including: drains retaining culverts , , walls, fences, fire & emergency zones and hydrants, etc. '- 4- Square footage of bldg. area proposed for office, manufacturing, retail sales or other commerdal activities: existing F: ": ro osed -2 Signage: Location, size, type, design and setback: existing & proposed ": f. Waiver Request: provide letter with application requesting any waivers: please reference spedfic items g Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans h I dentification 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 5 Area Variance Revised June 200 Pre-Submission Conference Form X179-4-0401 1. Tax Map ID '~ ~. *'(, l ~ -- '~- 2. Zoning Classification ~1_LJ~- 3. Reason for Review: , ~ V'', ~-i.'~~~ tJ~r~~f~,.~/y',,~„j ;~'J ~'. 4 Z i S i a~ / ~ . on ng ect on #: 7 5. r.- y Pre-Submission Meeting Notes; D d Outstanding Items To Be Addre ed Include: ~ ee Yes No General Information complete Yes No Site Development Data Complete Setback Re uirements Com lete Yes No q p 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 ~1.. No Signature Page completed Yes No staff Representative: Applicant /Agent: Date: ~1 Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 -518-761-8238 6 Area Variance Revised June 2009 141ti-4 (11/951-Text 12 " PROJECT I.D. NUMBER 67i7~ Appendix C State Environments! Guaiity Rerlsw ' SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLfSTED ACTIONS Onfy PART 1-PROJECT INFORMATION (To t1e cornpleted by Applicant or Protect sponsor) 1. APPLI~,ANT /SPON$O 2. PROJECT NAME { / `7 C.. ~ li1- ! 4 ~~-~f r Ls.c~ Sl Ca L4..y"C-sy~'~.r 1 o rrsvaet,l LVLATIpN, .(/ 11 a A SEAR 4. PRECy~IS~E L1OCATION (Street address and -oad (ntsrsectlons, prcmin landmarks, etc„ a provide map) CF i ~`~MC~ ~C' G~ 5. IS PROPOSED ACTION: New ^ Expanalon ^ ModNbatbn/aNeratbn 6. DESCRIBE PROJECT BRIEFLY: A ~, ,~ \:utie~. i- ~, .~.c P~'`~. 5 -4-0 ~ c .1 s ~} c v ~.. ~-' ~ \ t e. ~~ ` ~ ,~ : ~._.re ~z ~-- ~ ~~ ~ ~ ~tt z' s~ . ~ - ~+ ~~-~ ~ sic r~~- 7. AMOUNT OF LAND AFF D: Initial) ~ Q~~ awes Ultimate) - L'3 a 8. WILL PROPOSE~D,I~ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ^ Yes ~1 No If No, descrlAe bHSily p t i A c ~---~ ~ e X t t.@tES t'~'IC ~ My ~.~ ~ i~3 ~ ~M ~' c~- t~t ~h--~ fns-t~ C*~a-~ rL~ ~. F ~r~ 9. WH IS PRESENT LAND USE IN VICMIITY OF PROJECT? Residential ^ Industrial Q ComtrNrcial Q AQrICUltun ^ ParklForesUOpen space ^ Ottler 117e: 10. DOES ACTION INVOLVE A PERMIT APPROVAi., OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAy? ^Yea i~No It yes, Ilat apanoy(s) and pertnMlapprovals 11 . DOES ANY ACT OF THE ACTION HAVE A CURRENTLY VALID PERMn' OR APPROVAL? ^ Yes No If yes, list agency name and permlUapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMTTlAPPROVAL REQUIRE MODIFICATION? 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsor SlOnature: Data: 5 ~ 1 11 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 128.04 •518-761-8238 ~ Area Variance Revised June 2009 PART 11--ENVIRONMENTAL ASSESSMENT i?o be completed by Agency) A. DOES ACTION EXCEED ANY TYPE 1 THRESHOIJ) IN 8 NYCRR PART 8iT.4? If yes, coordinate the review process and use Me FULL EAF. ^ Yes ^ No 8. WeLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 817.87 if No, a negative declaration may He superaedad by another involvod agency. ^ Yes ^ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECT'S ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if tegibb) C1. Existing afr quality, surface or groundwater quality or quantity, noise levels, existing troffle pattema, solid waste produodon or disposal, potential for erosion, drainage or flooding proWema? Explain briefly: C2 Aesthetic agricultural. archaeologkal, historic, or other natural M cultural resources• or community or neighborhood oharocteR Explain briefly: C3. Vegetation or Fauna, fish, shellfish or w11dIHe species, afgniticant habitats, or threatened or endangered species? Explain br(afly: C4. A community's existing plans or goals as oft~lelly adopted, or a change In use or intensity of use of land or other natural resoureesT Explain briefly C5. Growth, subsequent devebpment, or related activities likely to be htduced by the proposed acticn? Explain briefly. 1;8. tong term, short term, cumuletlve, or other etfacta not identiflad in Cid'S. ?Explain briefly. CT. Other impacts (Including changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAI)SED THE ESTABLISHMENT OF-A CEAT ^ Yea ^ No E. IS THERE, OR IS THERE LIKELY TO BE, COhITROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ^ Yes ^ No If Yes, explain briefly PART Ill-DETERMINATION OF StQNtFICANCE (To be completed by Agency) INSTRUCTIONS: For eaoh adverse effect identified above, determine whether (t is substantial, large, important or otherwiw significant. Each effect should be assessed In connection with its (a) setting (i.e. urban or rural); (b) probability of occurttng; (c) duration; (d) trreveraibllity; (e) gtwgraphlc scope; and (f) magnitude. If necessary, add attachments or reference supporting matsriala. Ensuro that explanations contain sufficient detail to shorn that ail relevant adtrorse impacts have been identified and adequately addressed. If question 0 of Part fl was checked yes, the determination and significance must evaluate the potential Impact of tfie proposed action on the environmental characteristics of the CEA, ^ Check this box If you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ^ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result In any significant adverse environmental impacts AND provide on attachments as ner~seary, the reasons supporting this determination: ame o le Agency Print or Type Name o Response a icer in Lea Agency rt e o espons~ e 0 icer ignature o esponsi a Ater in Lea enty ignature reparer (I i Brent nom respomi e o icer Date 2 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 ^ 518-761-8238 g 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. VWNER"5 HGENT CORM: Complete the following if the C)WNER of the property is not the same as the applicant Owner: Designates: As agent regarding: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date OWNER SIGNATURE: DATE: APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Designates: As agent regarding: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date f~JWNER SIGNATURE: DATE: 2.) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed $ 1,000 without notification to the applicant. 3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner, ' Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submitted. 4.) ..OTHER PERMIT RESPONSIBILITIES• Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits. ` 5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those tapes constitutes the official record of all proceedings. 6J AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, 1 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 ~tatement/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 a ree to the above. r Ignature [App Ica Signature [Agent] Print Name [Applicant] Date signed Print Name [Agent] Date signed Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804. 51.8-761-8238 g Scott D. Kingsley Deborah B. Kingsley PO Box 349 Cleverdale, NY 12820 Project Location - 4 Hillman Road, Queensbury, NY 12804 Project Description - We propose to construct a three(3) car detached garage, with attic storage. The garage is designed to be 28' x 40', totaling 1120 square feet, with 712 square feet of attic storage Variance Requested - 1) 20 sq. ft. of relief from the maximum detached garage area of 1100 sq. ft. 2) 9.5' of relief from the maximum detached garage height of 16'. For us this was a logical progression in design dating back to 2002. The garage was shown at this location on the original drawings submitted to the Town of Queensbury for the construction of the existing house on May 13, 2002. Our house is a Cape Cod design with a walkout basement, with no garage. To start we need a garage for our cars. The third bay is for lawnmowers, snow blower and other items currently in our yard. This should help to make the property more appealing. The request for a variance relative to the height was a logical progression for us. We need 8' high overhead doors to accommodate our vehicles leaving us with a 10' high ceiling in the garage. We also are looking to create storage as we have very little in our house. In order to have the garage fit the design of the property we would like to have it maintain the same roof pitch with the dormer, thus providing us with the much needed storage. The design decisions, coupled with the gradual slope of the lot have driven the height of the garage to exceed the maximum height allowance. After considering several designs and locations for the garage, this seemed to be the most sensible. It suits our needs and fits the layout and design of the property with very little impact on the neighborhood. These reasons drive the request for the variance. Thank You, Scott D. Kingsley T®'?~ OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-820 I April 13, 2011 Scott Kingsley P.O. Box 349 Cleverdale, NY 12820 RE: 1120 sf freestanding garage 4 Hillman Road Tax Map Parcel No: 227.17-I-9.3 Dear Mr. Kingsley: I am writing to you in response to my review of your plans depicting the proposed construction of a freestanding garage on the property referenced above and to document your recent conversations with Keith Oborne of my office. Upon review of the plans submitted to this office, I find an Area Variance will be necessary in order for you to complete the project as proposed. Specifically, the proposed garage exceeds the maximum allowable height for such an accessory structure in the Waterfront Residential zone. Additionally, as the project calls for the creation of more than 1000 sf of impermeable area, a Stormwater Management Permit will also be necessary. At this time we are considering your project to be a minor project with regards to stormwater management however; this determination may change upon review of a complete set of project plans. Further, clarification of the height issue and the final grading of the site may alter this determination. I understand that you are preparing the necessary application paperwork for this review process. Please note our established submittal deadlines when compiling your application materials. Should you have any questions regarding the above comments, please do not hesitate to contact this office. Sincerely, Town o Queensbury 1 `_`~ Craig Brown Zoning Administrator CB/sh L:1Craig Brown~2011 Letters~Denial Kingsley 4_13_1 i.doc :`~~%"~= Of= !~tr"~"1'URAL ~Ef1.UTY ... t~ GOOD PLACE 'i~0 LIVE„ SET'1'LEC~ 1763 WARRANTY DEED WITH LIEN COVENANT THIS INDENTURE, Made theme` day of August Nineteen Hundred and Ninety Nine Between Leigh P. Beeman, residing at 69 Crane Court, Queensbury, New York 12804, Grantor, and Scott Kingsley and Deborah Kingsley, residing at 10~ William Street, Glens Falls, New York 12801, as tenants by the entirety, Grantees, Witnesseth that the Grantor, in consideration of One Dollar ($1.00) lawful money of the United States and other good and valuable consideration paid by the Grantees, does hereby grant and release unto the Grantees, their successors, heirs and assigns forever, All that certain piece or parcel of land, situate, lying and being in the Town of Queensbury, County of Warren and State of New York, particularly known as lot #2, as shown on a Map of a Proposed Subdivision of Leigh P. Beeman dated April 25, 1995 and revised on March 23, 1996, made by Coulter & McCormack, LS, and filed in the Warren County Clerk's Office on June 6, 1996 in Plat Cabinet B in Slide 68, and as further described in Schedule A attached hereto. Being the same premises described in a deed dated September 13, 1996 from Leigh P. Beeman, as Executor of the Estate of Colgate Phillips, to Leigh P. Beeman and recorded in the Warren County Clerk's Office on September 16, 1996~in Book 993 of Deeds at Page 202. Being the same premises described in a deed dated December 16, 1980 from Colgate Phillips to Leigh P. Beeman and recorded in the Warren County Clerk's Office on December 31, 1980 in Book 636 of Deeds at Page 584. Being the same premises described in a deed dated January 28,.1981 from Colgate Phillips to Leigh P. Beeman and recorded in the Warren County Clerk's Office on January 30, 1981 in Book 637 of Deeds at Page 121. Subject to restrictions, covenants, conditions and easements of record, to the extent they are presently in .force and effect, and zoning and land use regulations. Together with the appurtenances and all the estate and rights of the Grantor in and to said premises, To have and to hold the premises herein granted unto the Grantees, their successors, heirs and assigns forever. And said Grantor covenant as follows: First, That the Grantee shall .quietly enjoy the said premises; Second, That said Grantor will forever Warrant the title to said premises. Third, That in compliance with Section 13 of the Lien Law, the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. r } ~,ti/~~9~3 i~ . Tn Witness Whereof, the Grantor have hereunto set her hand and seal the day and year first above written. In Presence of ~~3a~r~l~ct.~ Leig P. Beeman STATE OF NEW YORK) )SS.: COUNTY OF WARREN ) ,~' On the ~~ day of August in the year of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared, Leigh P. Beeman, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name she subscribed to the within instrument and acknowledged to me that she executed same in her capacity, and that by her signature on the instrume t, the individual or the person upon behalf of which the indi idual ac~e~, executed this instrument. JOHN W. CAFFRY Notary Public, State of New York Clualified in Warren Cou ty No. 4829827 Commission Expires 1 G'~ Record and Return to: John C. Mannix, Jr., 198 Church Street Saratoga Springs, NY No y Pub11 ~ (A fix stain seal) Esq. 12866 C:\Core110ffice7lWP W in71C1ie,~t.PileslBeeman-ICingsley.12701Deed.wpd BCIiEDULE A - PAGE 1 TOGETHER wii:h • an easement for maintaining a water line from said LotptoeLalce Georgeucsaid line to be: used solely for domestic water supply purposes for a single fa.milX residence to be constructed on said lot, and not for ingress. arid, ;egress, and not for access to Lalce George 'for any other, purposes, and to be ,used in common with others said easement ~to be ten •{1oj feet 'wide and b,::ginning at a point 10 feet east of the northwest corner of said Lot,, and running,.' westerly alang the northerly boundary of Lot ~~2 and then of Lot #1, as shown on said map, along a course of N 74. 26' 00" W; and thence northerly and westerly along the western boundary of the remaining••lands of the Grantor to the shore of Lalce George, first along a course of N 27' 09' la and thence N 25° 04' W. . He3.ng~ part of the premises described in a deed dated. December 16, 1988 from Colgate Phillips to Leigh 'P. Beeman and recorded in the Warren County Clerlt's Office on December 31, ].980 in Book 636 of Deeds at Page 584. Subject to the following covenants and restrictions:. 1. The lot shall be used for single family residential purposes only. 2. Only one single family residential dwelling of a minimum of 1800 square feet of gross floor space, exclusive of garages, sheds, porches, carports, cellars, attics and decks, will be permitted on the lat, together with accessory structures thereto.' 3. The driveway for i.lze lot shall be located on FIillman Road al~d no driveway shall be located on Cleverdale Road. 4. No vegetation shall be cleared or removed within 20 feet of the northerly line of the lot. 5. No structure located on tlie•1ot shall be more than 35 feet high.. 6. :~11 applicable 's'own o.f Queensbury laws and ordinances shall be••complied with, as well as all other applicable laws, regulations and ordinances, and all permit conditions imposed by the Queensbury Planning Doard in its approval of the subdivision, .including without limitation, that the stormwater runoff controls and the grading of the lot sha11 conform to the fans a the Town of Queensbury at the time o;C the a p pproved by subdivision of this lot in 1996 and at the timevof thetissualice of a building permit for consLruci:ion on the lot, unless such approvals are mod.xfied by the 'town of Queensbury; and that such grading and stormwater controls sha11 be maintained in good working order; and that the impervious areas, and areas cleared of`natural vegetation on the to L-, shall 17ot be expanded beyond' tlin~•area approved by the Town of Queensbury, unless such approvals are lllOdif:ted by the 's'own ox Queensbury. r E ~' . _ '. SCIiEDULE A - PAGE 2 7 • The lot eliayll not be subdivided, .excerpt that it may be subdivided into nisanore .than two lets of ut least 1 acre each, subject to conformange with all applicable subdivision, zoning and other laws,•, rules' and regulations iti existence at the time of any_proposed subdivision, without a variance. t3. No mobile"homes, trailers or "douule~wides" shall. be permitted 'Lo be placed or constructed on the lot. 9. No dwelling shall be erected upo,z the lot having any part•of it, including a porch, declt, garage, carport ar shed, nearer:,than 50' from the edge o:C the road upon which the building fronts. 1.0, No structure shall be constructed nearer than 20 feet front the~side~~lines or 100 feet from the rear line of the lot. ll. No advert:lsing signs of any 'kind shall be. erected upon the lot or any part thereof excepting a "For Rent" or "]tor Sale" sign•not exceeding G square feet,. 12. The dwelliny and all other structures shall be. completed within G months from the date the excavation. begins. :1~. The 'luachf~.u:ld . Ue,l~. Lie r.a~:atE~ci y.:xia:~'all~~~, c ~ ~tl~e lwir .as set forth on the subdivision map and sllall comply w~.tll all • • • applicable regulations. 14. No fence or hedge exceeding G feet it1 height shall be erected or maintained on the lot. • 7.5. No animal livestock or poultry o;C any kind sllall be raised, bred or kept on the lot except dogs, cats or other household pets, provided said pets are not ]cept, bred or maintained for any commercial purpose. 16. These covenants are to run with the land and shall•be binding on all parties and all persons claiming under••them for a period of iweni-y-five years from the date these covenants are recorded, after which time said covenants shall•be aui*omatically extended for successive periods of ton years unless an. instrument in writing signed and ac)cnowledged by the majority of the then owI'1E7L's of the ioi:s in. •i.llis su;JCTiv~.;3.i.or, lla'a ~i~~e:ll •]:•ec:vru~d~ agreeing to change said. covenants in whole or i,i part.. •. 17. ]enforcement of these covenants shall be by.proceeding in~~law or in equity by an owner or owners of said lots against any person or persons violating or ai:temptinc~ to violate any; • covenant, and may be to restrain the violai:ioli•or to recover- damages. 7. t3. The owner of any lot in t11is subd~.vis~.o11 shall have standing to enforce the these covenants anti restrictions against: ~, the owner. of any o_L-her lots in this subdivision, excepting__that•_• _ these• covenants and restrictions shall not apply to the 8.27 -t-/- acre lot being retained by the Grantor, but the owner of said lot may enforce these covenants and restrictions against the owners of the other lots. Grant No. 30 Katherine F. Phillips Dated: Nov. 4, 1960 to Ack.: do New York Telephone Company Rec.: Mar. 9, 1961 Dook 4Q7 Page 284 GRANT: A perpetual right of way and easement to construct, maintain, repair and operate its communication lines, consisting of such cables, fixtures and appurtenances under,:; through, over and. across the property which the Grantor owns or in which the Grantor may have an interest in the town of Queensbury.County o£ Warren .State of New York, and also upon, over and/or under the highways upon or adjoining said property, a.nd with 'the right to r move from time to time all brush along said lines which may interfere with ox endanger the construction or maintenance of the same. 1t is also understood and agreed that if at any time in thF future the buried cable will interfere with the use of the property, by the property owner, it will, be moved to a mutually suitable location at no expense to the property owner. The grantee, its successors, assigns and/or leesees shall compensate the Grantor for a~.1 damage to crops and shall repair any damage done to driveways, fences and fields in the exercise if the right herein granted. OgOp0 No. 31 'or. Snformation only ~ast Will And Testament of Richard S. Fielding Dated: Oct. 5, 1960 Prob.: Apr. 2fl, 1961 Rec.: .May 3, 1961 Book 408 Page 487 Title No. L 209326 Tax Map No.: 227.17-1-9.3 County: Warren Premises: Lot 2, Hillman Road, T/O Queensbury, Cleverdale, NY Purchaser. or Borrower: Scott D. Kingsley and Deborah B. Kingsley THIS COMPANY CERTIFIES that a good and marketable title to the premises described in Schedule A, subject to the liens, encumbrances and other matters, if. any, set forth in this certificate may be conveyed/mortgaged by Scott Kingsley and Deborah Kingsley whose source of title is Warranty Deed from Leigh P. Beeman dated August 25, 1999 and recorded in the Warren County Clerk's Office on August 26, 1999 in Book 1129 of Deeds at page 316. SCHEDULE B in which are set forth the additional matters which wilt appear in the policy as exceptions from Disposition I coverage, unless disposed of to the Company's satisfaction prior to the closing or delivery of the policy: A. Taxes, tax liens, tax sales, water rates, sewer rents and assessments set forth in schedule herein. B. Mortgages returned herein (NONE). Detailed statement within. C. Rights of tenants or persons in possession D. Covenants, conditions, easements, leases, ~ agreements of record, etc., more fully set forth in Schedule herein:- a ti ' 1. Insured premises fronts on Hillman Road a '~°` public street/road, maintained by the Town of Queensbury. 2. No title is insured to any land within the boundary of ~'~ Hillman Road or Cleverdale Road. Schedule "B" of this policy consists of TWO sheet(s). Commor~ea t th Land Title I nsurarxe Co~any Title No. L 209326 Tax Map No.: 227.17-1-9.3 County: Warren Premises: Lot 2, Hillman Road, T/O Queensbury, Cleverdale, NY Purchaser or Borrower: Scott D. Kingsley and Deborah B. Kingsley SCHEDULE A "All that certain piece or parcel of land, situate, lying and being in the Town of Queensbury, County of Warren and State of New York, particularly known as lot #2, as shown on a Map of a Proposed Subdivision of Leigh P. Beeman dated April 25, 1995 and revised on March 23, 1996, made by Coulter & McCormack, LS, and filed in the Warren County Clerk's Office on June G, 1996 in Plat Cabinet B in Slide 68. TOGETHER with an easement for purposes of constructing and maintaining a water line from said Lot to Lake George, said line to be used solely for domestic water supply purposes for a single family residence to be constructed on said lot, and not for ingress 'and egress, and not for access to Lake George for any other purposes, and to be used in common with others, said easement to be ten (10) feet wide and beginning at a point 10 feet east of the northwest corner of said Lot, and running westerly along the northerly boundary of Lot #2 and then of Lot #l, as shown on said map, along a course of N 74 degrees 26' 00" W; and thence northerly and westerly along the western boundary of the remaining lands of the Grantor to the shore of Lake George, first along a course of N 27 degrees 09' E and thence N 25 degrees 04' W." For conveyancing only, ( Together with all right, title and if intended to be conveyed ( interest of, in and to any streets and roads abutting the above described premises, to the center line thereof Coomonwealth Land Title Insurance Company