John Curran.Foil DECEIVED
LAW OFFICES OF JUN 18 2021
MULLER & MANNIX, PLLC
ATTORNEYS AT LAW TOWN OF QUEEN BURY
PLANNING OFFICE
.000.
P.O.Box 143
Michael J.Muller Glens Falls,New York 12801-0143
Daniel J.Mannix Tel: (518)793-2535
m imuller(u)mullermannixlaw.com
June 15, 2021
Mr. Craig Brown
zoning Administrator
Town of Queensbury
Town Hall
742 Bay Road
Queensbury,New York 12804
Re: Premises of John and Rosann Curran
TMP 266.3-1-74
Ridge Road
Dear Craig,
Mr. and Mrs. John Curran are the owners of a single-family residential property to the
immediate south and adjacent to the each of the most southerly residential parcels recently
developed as single family residential homes in a subdivision known as Ridge Road
Subdivision Ridgewood Homes. The subdivision is located on the East side of Upper Ridge
Road,North of State Route 149.
In the administrative process of subdivision approval and site plan review the developer
agreed to a Town of Queensbury Planning Board requirement that each of the southerly
subdivision lots (bordering the premises of Curran)would be required to maintain an existing
natural fifty foot buffer intended to protect the naturally "wooded" privacy between the
subdivision and the Curran's adjacent single-family residence.
Mr. Curran recently reported to your office that at least one of the new owners in the
subdivision (Kevin O'Leary and Jennifer O'Leary TMP 266.3-1-73.5 ) intruded into the
required natural buffer area and cleared a wide swath to create what that owner characterizes
as a"nature trail" when in fact its eight foot width(which was cleared by the use of heavy
equipment) is more likely intended as an ATV or snowmobile trail. I also understand that
another adjacent owner in the subdivision(Tilley TMP 266.3-1-73-6)has also cut back into
the protect natural buffer. Mr. Curran reported this concern to your office and I am told that
Bruce Frank investigated the matter and confirmed the illegal clearing as described.
Mr. Curran contacted my office and expressed a concern that although the neighbor's
intrusion constitutes a clear violation of the Planning Board's natural buffer requirement,
one of the remedies that you are considering would be"to do nothing"with the expectation
that the cleared swath will eventually and naturally regrow as long as the cleared area is left
unused and allowed to naturally revegetate.
A `do nothing" approach is not a satisfactory resolution in addressing the circumstances and
certainly not an appropriate"code enforcement"response where the transgression is a clear
and intentional violation of a unambiguous requirement that was carefully considered and
imposed by the Planning Board. Moreover, Mr. and Mrs. Curran have relied on the natural
buffer requirement as a mandate imposed by the Town's Planning Board in their
consideration of approval of the developer's plan.
Frankly,even a monetary fine is inappropriate as such a penalty (as provided for in the
Zoning Code)would still not correct the circumstances in properly fulfilling the Planning
Board's subdivision approval requirements.
The purpose of this letter is to suggest that your office consider a requirement that Mr.
O'Leary and Mr. Tilley be directed to make a good faith effort to actually re-plant the
cleared areas and that this effort be monitored by your office to assure that the revegetation
and new growth is a meaningful re-establishment of the privacy buffer that Mr. and Mrs.
Curran had been assured of in accordance with the Panning Board's natural buffer
requirement.
Thank you for your attention to the requirements of is request.
V truly yours,
M is
&MANNIX PLLC
By
e J. Muller
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Kevin O'Leary
16 Ridgewood Ct
Queensbury,NY 12804
(518)-683-8188
July 13, 2021
Town of Queensbury
Attn: Bruce Frank,Code Compliance Officer
742 Bay Road
Queensbury, NY 12804
Re: Notice of Violation Subdivision 2.2006 Lot 5—Parcel ID 266.1-73.5
Dear Mr. Frank:
This letter is in response to your Notice of Violation and Order to Remedy regarding vegetation cut on
my property in the designated "No Cut Zone'. I offer my sincere apologies for not being aware of the
Ridgewood Court subdivision's regulations and upon notice took immediate steps to remedy the matter.
Vegetation was raked back to areas and natural growth has begun to restore the property(see attached
photos).The trees that were cut will be replaced upon approval(see attached rendering)and care will
be taken to ensure growth and revitalization of the area.
Please let me know if you have questions or need additional information. I can be reached by telephone
at(518)683-8188. Thank you for the consideration and again I am sorry for this situation.
Sincerely,
Attachments:
(2)Photos
(1) Rendering
Charles Tilley
10 Ridgewood Court
Queensbury,NY 12804
(518)-888-4550
M rchucknyc@outlook.com
July 8,2021 4
Town of Queensbury
Attn:Bruce Frank,Code Compliance Officer
742 Bay Road
Queensbury, NY 12804
Re: Notice of Violation Subdivision 2-2006 Lot 6—Parcel ID 266.1-73.6
Dear Mr.Frank:
This letter is in response to your Notice of Violation and Order to Remedy regarding vegetation cut on
my property in the designated"No Cut Zone".I offer my sincere apologies for not being aware of the
Ridgewood Court subdivision's regulations and upon notice took immediate steps to remedy the matter.
Vegetation was raked back to areas and natural growth has begun to restore the property(see attached
photos).The trees that were cut will be replaced upon approval (see attached rendering)and care will
be taken to ensure growth and revitalization of the area.
Please let me know If you have questions or need additional information. I can be reached by telephone
at(518)888-4550.Thank you for the consideration and again I am sorry for this situation.
Sincerely,
Charles Tilley
Attachments:
(2)Photos
(1)Rendering
(
r
TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY. 12804-5902
May 27, 2021
Kevin and Jennifer O'Leary
16 Ridgewood Court
Queensbury NY 12804
Re: Notice of Violation-Order to Remedy for Violation of Subdivision 2-2006 for Lot 5
(Parcel ID 266.3-1-73.5)
Dear Kevin and Jennifer O'Leary:
This letter serves as a "Notice of Violation-Order to Remedy" for the apparent violation
of your approved Lot 5 for the Ridgewood Homes Subdivision. Specifically, during a
complaint investigation on May 26, 2021, it was discovered a path, approximately 10'
wide, has been constructed through the 40-foot wide "No Cut Zone". The path
construction included the removal of all of the vegetation for the width of the path.
Additionally, it was discovered that the approved clearing limits for Lot 5 have been
exceeded.
You are hereby directed to apply for a Subdivision Modification for Lot 5 for the
aforementioned unapproved changes by July 15, 2021. Should you choose to
revegetate the area in question, to avoid a review by the Planning Board, you will need
to provide a replanting plan by July 15, 2021 to be reviewed by the Zoning
Administrator.
Failure to act as directed by this official order will result in an appearance ticket being
issued to you for Queensbury Justice Court.
Should you have any questions or concerns, please contact this office.
Sincerely,
Town of`aQueen bury
Bruce Frank
Code Compliance Officer
cc: Craig Brown, Laura Moore
L:\Bruce Frank\112021 Files\Letters\O'Leary, Kevin&Jennifer NOV-OTR(for Lot 5 of SUB 2-2006-Ridgewood
Homes Subdivision)27moy21.doc
"Home of Natural Beauty ... A Good Place to Live "
i
TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY. 12804-5902
May 27, 2021
Charles Tilley
10 Ridgewood Court
Queensbury NY 12804
Re: Notice of Violation-Order to Remedy for Violation of Subdivision 2-2006 for Lot 6
(Parcel ID 266.3-1-73.6)
Dear Charles Tilley:
This letter serves as a "Notice of Violation-Order to Remedy" for the apparent violation
of your approved Lot 6 for the Ridgewood Homes Subdivision. Specifically, during a
complaint investigation on May 26, 2021, it was discovered a path, approximately 10,
wide, has been constructed through the 40-foot wide "No Cut Zone". The path
construction included the removal of all of the vegetation for the width of the path.
You are hereby directed to apply for a Subdivision Modification for Lot 6 for the
aforementioned unapproved changes by July 15, 2021. Should you choose to
revegetate the area in question, to avoid a review by the Planning Board, you will need
to provide a replanting plan by July 15, 2021 to be reviewed by the Zoning
Administrator.
Failure to act as directed by this official order will result in an appearance ticket being
issued to you for Queensbury Justice Court.
Should you have any questions or concerns, please contact this office.
Sincerely,
Town of QueK
Bruce Frank
Code Compliance Officer
cc: Craig Brown, Laura Moore
L:\Bruce Frank\1)2021 Files\Letters\rlley,Charles NOV--OTR(for Lot 6 of SUB 2-2006-Ridgewood Homes
Subdivision) 27moy21.doc
"Home of Natural Beauty ... A Good Place to Live "
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