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1.1 1.1 WASTEWATER-SEWER\Set MAdirondack Mtn Ridge Estates—Well to Leach Field-2-23-15 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ADIRONDACK MOUNTAIN RIDGE ESTATES, LLC/GARY ZERVAS, JR. RESOLUTION NO.: ,2015 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Adirondack Mountain Ridge Estates, LLC/Gary Zervas, Jr., has applied to the Local Board of Health for variances from Chapter 136 to place a new well: 1. 71' from an adjoining leach field in lieu of the required 100' setback; and 2. 80.3' from the leach bed on the project parcel in lieu of the required 100' setback; on property located at 85 Hanneford Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, March 9t`, 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Adirondack Mountain Ridge Estates, LLC's sewage disposal variance application concerning property located at 85 Hanneford Road in the Town of Queensbury (Tax Map No.: 227.18-1-30 and 31) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 23rd day of February, 2015, by the following vote: AYES NOES ABSENT: SEWER\Adirondack Mtn Ridge-Zervas—Well to Leach Field—3-9-15 NOTICE OF PUBLIC HEARING IN ACCORDANCE WITH TOWN OF QUEENSBURY ON-SITE SEWAGE DISPOSAL ORDINANCE CHAPTER 136, NOTICE IS HEREBY GIVEN THAT THE TOWN OF QUEENSBURY LOCAL BOARD OF HEALTH WILL CONDUCT A PUBLIC HEARING ON MONDAY, MARCH 9 , 2015 AT 7:00 P.M. AT THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY TO CONSIDER AN APPLICATION BY THE ADIRONDACK MOUNTAIN RIDGE ESTATES, LLC/GARY ZERVAS, JR., FOR SEWAGE DISPOSAL VARIANCES TO PLACE A NEW WELL: 1. 71' FROM AN ADJOINING LEACH FIELD IN LIEU OF THE REQUIRED 100' SETBACK;AND 2. 80.3' FROM THE LEACH BED ON THE PROJECT PARCEL IN LIEU OF THE REQUIRED 100' SETBACK; ON PROPERTY LOCATED AT 85 HANNEFORD ROAD IN THE TOWN OF QUEENSBURY (TAX MAP NO.: 227.18-1-30 AND 31). AT THIS PUBLIC HEARING ALL INTERESTED PERSONS WILL BE HEARD. PUBLICATION DATE: ,2015 CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY A P:\l'L E.PONTIFF RICHARD J.BARTLETT BARTLETT,PONTIFF, STEWART & RHODES,P.C. Retired ALAN R.RHODES ROBERT S.MCMILLEN ATTORNEYS AT LAW PHILIP C.MCINTIRE P.O.BOX 2168 BRIAN C.BORIE MARK A.LEBOWITZ ONE WASHINGTON STREET J.LAWRENCE PALTROWITZ GLENS FALLS,NEW YORK 12801-2168 ROBERT S.STEWART MALCOLM B.O'HARA ROBERT S..001 PATRICIA E.WATKINS BERTRAM J.RUBE MARK E. LIPINSKI TELEPHONE(518)792-2117 1916-1999 BRUCE O.LIPINSKI PAULA NADEAU BERUBE FAX(518)792-3309 JONATHAN C.LAPPER EMAIL info(albpsrlaw.com BENJAMIN R.PRATT,JR. WEBSITE www.bpsrlaw.com EILEEN M.HAYNES '1..1 r ' JAMES R.BURKETT SERVICE BY FACSIMILE NOT ACCEPTED — -;. ' STEFANIE DILALLO BITTER s ...i KARLA WILLIAMS BUETTNER \s/' !`: ■ ELISABETH B.MAHONEY ^, �f"r� JOHN D.WRIGHT ' ,1 Al .1 L,"�' JESSICA HUGABONE VINSON ? JA,1� r January 14, 2015 �,`t a�,�E r.; 20/5 - C(F. ,NS8imy Supervisor John Strough �F Town of Queensbury *O P/CE 742 Bay Road 7"-- C . i Queensbury New York 12804 L Re: Adirondack Mountain Ridge Estates, LLC 85 Hanneford Road- Tax Map Parcels 227.18-1-30 and 31 Dear Supervisor Strough: As you are aware our firm represents Adirondack Mountain Ridge Estates, LLC with regard to its request for a septic variance that was made and granted earlier this year for the above mentioned parcels. As this Board may recall the modest existing cottage was connected to a well which was shared with the neighbor to the south, Casa Rocce, LLC. This well is located on the neighbor's property and over the summer the neighbor disconnected the Applicant's use of this well. No written agreement exists at the County Clerk's Office. As a result, the Applicant is now forced to drill a new well on its property. The property currently consists of two tax map parcels which are separated by Pilot Knob Road, however, a merger of the tax map parcels is currently pending. As you may recall,the property is located at the end of Hanneford with the western side of the parcel sloping down to the Lake. These factors and its narrow shape made it impossible to locate a compliant location for the new septic, which is why a septic variance was obtained last Spring. These same factors, together with the fact that it has been determined that the neighbor to the north, Tateo, has both their septic tank and leaching field on the western side of the Applicant's property make it impossible to find a compliant location for a well. As a result, with the Applicant's water source being recently disconnected,the Applicant is seeking variances which would allow the Applicant to drill a new well on its parcel which would be within 100 feet from both its leach bed as well as the northerly neighbor's leach field. Specifically the Applicant is requesting that the Town Board, acting as the Local Board of Health, grant a variance which will allow this well to be located closer than 100 feet from leaching fields, specifically: (1) 71 feet from neighbor's leach field; and (2) 80.3 feet from Applicant's leach field. Supervisor John Strough Town of Queensbury Page Two January 14, 2015 If this variance is not granted, this would result in an unnecessary hardship which would deprive the owner of the reasonable use of the land involved. The cottage as it exists is in need of repair. The Applicant has renovated the interior of the cottage which has allowed it to become more energy efficient. The Applicant has made upgrades to the septic system by adding new effluent lines and a new raised absorption bed. At this point in time the Applicant is awaiting the issuance of a Certificate of Occupancy. However, without the granting of this variance, no Certificate of Occupancy will be issued, since the property currently does not maintain a water source. A strict application of the Chapter 136 would prevent the Applicant from obtaining the Certificate of Occupancy for the structure. However, granting these variances would not be materially detrimental to the purpose or objectives of Chapter 136 or the other adjoining properties. To assist in protecting the quality of the water,the Applicant plans to install a UV filter in the water line prior to the installation of any plumbing fixtures. Unfortunately,this shared well was something that was drilled prior to the Applicant's ownership and was done without an easement being in place. As a result, without this variance,the Applicant will be deprived the use of the land, since it will be without a viable water source. The Applicant is seeking the minimum variances necessary with this application. As noted on the plans,the adjacent neighbors septic tank is actually located on the Applicant's parcel. The parties have executed a contract for the conveyance of an easement if this variance is granted. I have enclosed a copy of these documents in this Application. Please place this on your January 26, 2015 agenda. If you have any questions prior to then, please contact me. Sincerely, Bartlett, Pontiff, Stewa• Rhodes, P.C. ftit n vo Stef. • DiLal o Bitter Direct Line:(518) : -6419 Direct E-mail:sdbabbpsrlaw.com cc: Gary Zervas Devin Dickinson, PE Town of Queensbury Building&Codes office use aft Received: SEPTIC VARIANCE APPLICATION Tax Map ID: Submittal: 1 original&B cooies of the completed application package Pernik No.: Permit Fee: $ Approvals: Owner Gary D. Zervas, Jr. owner's Agent D.L. Dickinson Associates Address 136 Stone Schoolhouse Rd.Address P.O. Box 388 Lake George, NY 12845 Lake George, NY 12845 Phone 518-361-8624 Phone 518-668-4676 DirectionstoSite: 85 Hanneford Rd. (off 9L just south of Pilot Knob Rd.) Distance from weU on property to septic system of applicable) 80.3'(proposed well)feet Is it possible to install a coriorming septic system on this property Yes X No If YES,please explain and attach diagram; Does proposed system meet setback requirements for distance from wells&septic systems on neighboring pmperlies X Yes _No If NO,please eplain: Is proposed system to be idled over a parking area? __Yes No Section of the Sanitary Sewage Ordinance from which you are seeking the variance: (example: leaching system MI be 89 ft. from well in lieu of required 100 ft.separate distance): The applicant is requesting relief from the required 100' separation distance between a leaching device and a drilled well. The applicant proposes drilling a well approximately 71 feet from an adjoining leach field and 80.3' from the leach bed on the project parcel. Town of Oueerebiry Building&Codes Septic Variance Approarion 518-761.8256 List the names,parcel addresses,and tax map numbers of all adjoining property owners. You may obtain tax map numbers from the Assessor's Office as well as the names and addresses: North Name Kathleen Tateo ) u1/41.70,11 L' �tirQr✓1�,b Address 87 Hanneford Rd. Tax Map ID 227.18-1-29 South Name: Casa Rocce, LLC Address 81 Hanneford Rd. Tax Map ID 227.18-1-33 East Name: North Tract Properties, LLC Address Hanneford Rd. Tax Map ID 227.18-1-32 West Name: Lake George/Pilot Knob Road Address Tax Map ID OWNER STATEMENT I,we do hereby relieve the Town of Queensbury from any Iiabiities on the pkimbing and septic system located at 85 Hanneford Rd. I,we realize that putting the well,septic tank,or leaching system less than the required 100 feet from the leach field may increase risk of pollution. Owner-Prkt None: Gary D. Zervas, Jr. ( Owner-Signature: Date: 2 C }omhor 2Q NEIGHBOR OR TENANT RELEASE STATEiENT(if applicable) I,we do hereby relieve the Town of Queeresbury from any liabilities an the pkunbing and septic system located at 85 Hanneford Rd. - I,we realize that putting the septic tank or leaching system less than the required 100 feet from the leach field may increase risk of pollution. Neighbor or Tenant-Print Name: l{ /fell Pi Iran L. Et)a.r�5 Neighbor or Tenant-Signature: .4 f _. xr- Date: 12/1/11/ Torn of Queensbhiry Sodding&Codes Septic Variance APPS 518-7615256 Orstmssamossisroamme 'Reputed Location of Septic + - . /' 1 \ Lindg N/F of Nally (388/511) Tank per Representative. 'Size and material unknown. '-- 4 1O0' Noll Setback Capped Rod Set — 1 r Hoax f ` i�\ t,1 • If Iron Plea Pound t 1 \ S i • o nd Reputed Location of Septic �; PROPOSED 10' X 10' nIPD11.�'IIaeP Iron per ` T3 System per Representative. EASEMENT FOR SEPTIC TANK t0.5. 1 • n n(paRpef'almd 0 Pipe and stone trenches. r---,_. L I (� Size and locution is approximate. O 1 ii �Phed Rod Set I III �Y1 PoRCn i _\ _ 'r ,, A / , I /1000 gal. Septic; Tank � ' m - I I 5f50 gd+. Pump H. I1�l1SE �� Y %. \\ ! , _ L { I I i Cappaa-`�od'�E-- 1 r %/ /i V Railroad Re N Iran Pipe found 1T ,u.rr x ' u Tall ken Ports V - Capped Rod'Jet ' A 11.6' 1 S / �•_,a VP`� ! '\_Tgdlswilhae t -, f il Drilled Well `, I d"':'oar thsaaakay e. Ian1x® Wall DECK ' v - •- iron Pile Ppnaf Ara. to the Alms d Dram. 1 Over 1.0'3�� ' FIREPLACE I Pile '"''' Over 2.5t Lands Nil'of Penxl (1044/167) I I I GG ,/ n VARIANCE TABLE: \ >00' R� .S iron Ripe�ouna � .qul• r ed Se tic ...a.o . ,., ng septsc as-bu:it Estates Required Well to Septic �._ f / Setback = 100' Lands N/F of Casa (4195/164) I I/ - m I I T9wn of Oueensbur County of Warren Requested Setback = 71'f \ -�'- Statts New'eat to Northerly Adjoiners I le: 1'- 20 f e e t Date: I I July 2014 Leach Field \ Reputed Location of Septic --- I I I / ..w ,4M Reneeds230ctober2014 System per Representative. �yI I I I / DL �> • Requested Setback = 80.3' Exac_location and components unknown. 101 -_ I ewveyers Dynamo to Parcel Owners Leach --- ----- ___L I Iron erroiad I 'a Bed ` Pipe Pound 1 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Adirondack Mountain Ridge Estates LLC Project Location(describe,and attach a location map): 85 Hanneford Road-tax map parcels 227.18-1-30 and 31 Brief Description of Proposed Action: Applicant is seeking a variance from the Local Board of Health so it can drill a well within 100 feet of a leaching field Name of Applicant or Sponsor: Telephone: same as owner E-Mail: Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ❑ 3.a.Total acreage of the site of the proposed action? .38 acres b.Total acreage to be physically disturbed? 3500 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban m Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture 0 Aquatic El Other(specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ 0 ❑ b.Consistent with the adopted comprehensive plan? ❑ 5 ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? n 0 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify:Name:Lake George,Reason:Protect the resources of the park,Agency:Lake George Park Commission, Uate:11-16 4ttf 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES 0 ❑ b.Are public transportation service(s)available at or near the site of the proposed action? ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 1151 I I 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: El The project will meet the energy code requirements. 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: [( [1 Applicant is seeking to drill a well so that the existing residence can maintain a water source. 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 0 ❑ Residence is connected to a private septic. 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ b.Is the proposed action located in an archeological sensitive area? r 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO/ YES wetlands or other waterbodies regulated by a federal,state or local agency? I'fir I( L 1J b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? IN ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands CI Early mid-successional ❑ Wetland ❑Urban 0 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑ 16.Is the project site located in the 100 year flood plain? NO YES ✓I I I 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, Will storm water discharges flow to adjacent properties? ❑NO OYES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO EYES Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: SI ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: SI El 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? El Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ,,,,�� j� 0 A. ican .o .v n. Al'et'/Id2c1( /� fri, r,J � 1� at C /�� S tnatu ��1 i r cap PRINT FORM Page 3 of 3 CONTRACT THIS IS A LEGALLY BINDING CONTRACT. WE RECOMMEND ALL PARTIES TO THE CONTRACT CONSULT AN ATTORNEY BEFORE SIGNING. DATED�er- ,2014 SELLER: Adirondack Mountain Ridge BUYER: Kathleen Tateo Estates,LLC Susan Evans 20 Church Street 87 Hanneford Road Schenectady NY Queensbury,NY (Even though the words"Seller: and`Buyer" are singular,they refer to each and all those who sign below as Seller and Buyer) 1. EASEMENT TO BE CONVEYED. Pursuant to the terms of this Agreement Seller agrees to convey and Buyer agrees to accept a septic easement which will cure the existing encroachment of Buyer's septic tank which is currently maintained on the Seller's property. The septic easement will cover a 10 x 10 area on 85 Hanneford Road in the Town of Queensbury, County of Warren, State of New York on a portion of the tax map parcel known as 227.18-1-30. The Easement contemplated by this contract which will formalize this agreement is attached hereto as Exhibit A. 2. CONSIDERATION: Parties acknowledge that the conveyance is made in consideration of the mutual promises and agreements set forth. 3. CONTINGENCY-The Buyer understands that the Seller is approaching the Town of Queensbury seeking a well variance for the placement of a new well on the property known as 85 Hanneford Road. The Buyer herein agrees to provide the Seller support in obtaining this variance,since the encroaching septic tank is one of the reasons that the variance has to be obtained for the location of the new well. The parties agree that the formalization of this easement for the septic tank,which is attached as Exhibit A,is contingent upon a variance being granted by the Town of Queensbury which allows for the new well's location. If the variances is denied,the easement will not be filed. 4. BINDING CONTRACT. Buyer and Seller agree that they,their heirs,legal representatives, successors and assigns will be bound under this contract. This contract cannot be assigned without the written consent of Seller. 1 BUYER: cie_fr nfi re BUYER: `, a` ACCEPTANCE DATED: /// /Ste- , 201 ' TIME: A.M./P.M. '� SELLER: Adirondack Mountain Ridge Estates, LLC By: Gary Zervas,Member 2 • EXHIBIT A AGREEMENT This agreement,made this J_ day ofember,2014 by ADIRONDACK MOUNTAIN RIDGE ESTATES,LLC,a limited liability company created in the State of New York with an address of 20 Church Street,Schenectady New York, hereinafter called "Adirondack Mountain",and KATHLEEN TATEO residing at 21 Old Ox Road,Delmar New York 12054 AND SUSAN EVANS,residing at 44 Linden Avenue,Ossining NY 10562 , hereinafter called"Tateo and Evans". WHEREAS,the aforesaid parties are the owners of contiguous parcels of real estate, located on Hanneford Road in the Town of Queensbury, County of Warren, State of New York; and WHEREAS,Adirondack Mountain is the owner of real property known as 85 Hanneford Road,which is located in the Town of Queensbury, County of Warren, State of New York, having taken title to said property by deed dated September 24,2013 from Alfred and Alice Schuman which was recorded in the Warren County Clerk's Office in Liber 4913 of Deeds at page 40,such parcel is more specifically known as tax map parcel 227.18-1-30;and WHEREAS,Tateo and Evans are the owner of real property known as 87 Hanneford Road,which is located in the Town of Queensbury, County of Warren, State of New York, having taken title to said property by deed which recorded in the Warren County Clerk's Office in Liber 3568 of Deeds at page 245,such parcel is more specifically known as tax map parcel 227.18-1-29; and WHEREAS,the parties understand that the septic tank that services the Tateo and Evans 1 residence at 87 Hanneford Road is encroaching on 85 Hanneford Road and as a result the parties desire to enter into this Agreement relative to memorializing the terms and conditions for allowing the septic tank to remain in its current location. NOW,THEREFORE,WITNESSETH: That,in consideration of the mutual promises and agreements hereinafter set forth, and other good and valuable consideration, receipt of which is hereby mutually acknowledged,the parties agree as follows: 1. GRANT OF EASEMENT. Adirondack Mountain hereby grants and conveys to Tateo and Evans,for the benefit of 87 Hanneford Road,the right to use and maintain the existing septic tank in the area described in the attached Schedule A which is over the area which is identified as"proposed 10'x10'easement for Septic Tank"in the attached Map entitled"Map showing Septic As Built"which is attached as Schedule B. Tateo and Evans will only have the right to access the 10 x 10 area for the purpose of performing maintenance or other servicing on said septic tank,as set forth in this Agreement pursuant to Paragraph 4. 2. ADIRONDACK MOUNTAIN'S RIGHTS.Adirondack Mountain retains,reserves and shall continue to enjoy the use of the surface of the land subject to this easement for any and all purposes that do not interfere with or prevent the use by Tateo and Evans of the easement. 3. TATEO AND EVANS' RIGHTS. Tateo and Evans shall have the duty to service,repair and maintain the septic tank and shall at all times act so as to safeguard Adirondack Mountain's property rop e rty y keeping b kee in the septic tank in good repair. Tateo and d Evans also 2 agree at all times to keep the easement property free and open for the benefit of Adirondack Mountain. 4. MAINTENANCE. Tateo and Evans agree that the cost to service,maintain and repair the septic tank shall be the sole responsibility of Tateo and Evans. Further Tateo and Evans agree to fully restore the property of Adirondack Mountain to the condition it was in prior to any service,maintenance and or necessary repairs to the septic tank which caused disturbance to the land of Adirondack Mountain's property. Prior to disturbing the property of Adirondack Mountain,Tateo and Evans must advise in writing by regular first class U.S. mail and for via email or fax to Adirondack Mountain or the service, maintenance and repair and obtain written permission from Adirondack Mountain to perform the work at such time. Adirondack Mountain must be provided 30 days notice of such work,unless it is an.emergency situation. Adirondack Mountain will not unreasonably withhold such permission. 5. DURATION OF THE EASEMENT: The parties agree that the easement will terminate when the septic tank fails and is beyond repair. They also agree at that time,whomever shall own the property which is currently owned by Tateo and Evans shall then place their new septic system and or tank completely on 87 Hanneford Road in a compliant location under the laws of the State of New York and the Town of Queensbury. The parties further agree that when the septic tank fails and is beyond repair and a new septic tank is needed,the parties will take reasonable actions to permit the owners of 87 Hanneford Road to replace the septic system in a reasonable manner. 6. FAILURE OF SYSTEM AND OR REPLACEMENT OF SYSTEM At such time that the 3 septic system has failed and needs to be replaced,Tateo and Evans agree to remove the septic tank which is currently located on 85 Hanneford Road and restore the area and ground to its then current condition prior to such disturbance. Further they agree,if a failure has occurred,they will remedy the situation immediately so as to not damage or cause further damage to the property of 85 Hanneford. If such a failure does occur, which results in damages being sustained by Adirondack Mountain, Tateo and Evans agree to indemnify and hold harmless Adirondack Mountain,and be solely responsible for all damages,costs and expenses,including Attorneys fee's associated with the necessary repairs and or replacement. This indemnification will cover all that Adirondack Mountain believes is necessary to correct the damages caused by such failure so as to restore Adirondack Mountain back to its then current condition, prior to such failure. 7. FAILURE TO PERFORM. If either party does not satisfy its obligations as set forth in this Agreement,written notice may be sent by the complaining party (the"Complaining Party")to the noncompliant party(the"Noncompliant Party") of the issue(s)to be addressed. If the particular issue has not been cured after fifteen(15)days from the notice date by the Noncompliant Party,the Complaining Party may make appropriate repairs/replacement to any real or personal property or otherwise to remedy the issue, unless the particular issue is not reasonably curable within fifteen(15) days and the Noncompliant Party has delivered written evidence to the Complaining Party that a good faith effort to cure has commenced, in which case,the cure period shall be reasonably extended. Furthermore,the Complaining Party shall be entitled to a reasonable and actual reimbursement from the Noncompliant Party for monies expended by the Complaining 4 Party for repairs/replacement pertaining to said issue. S. RUN WITH THE LAND. This Agreement shall run with the land and shall be binding upon the parties hereto,their agents,representatives,successors and assigns, and inure the benefit of their respective successors and assigns until the Agreement terminates as identified in paragraph 5. 9. COUNTERPARTS. This agreement may be signed in duplicate counterparts. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed as of this day and year first above written. ADIRONDACK MOUNTAIN RIDGE ESTATES,LLC B etrOrervas,Member Kjaileen Tateo . 404 e,L A�f Susan Evans 5 STATE OF NEW YORK } }ss: COUNTY OF ALt3J4") On the f= day of a in the year 2014 before me,the undersigned, a Notary Public in and for said state,personally appeared �� .t- (-e€ lY) -)1(^a l4 r'4; , 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 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. N ary Public THOMAS J.MORTON o State Notary Public, Stf New York STATE OF NEW YORK } No. 01 M ate of 80 }ss: Qualified in Albany County Commission Expires July 31, ZOL. COUNTY OF (.13.4 } -F e eexribor On the I—day of Nave>mber-in the year 2014 before me,the undersigned, a Notary Public in and for said state,personally appeared c� �ur� L+ ' c Yf S ,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 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. Notary Public THOMAS J.MORTON Notary Public, State of New York STATE OF NEW YORK ) No. 01M04803280 }ss: Qualified in Albany County., } Commission Expires July ‘__Szle COUNTY OF y b c�Ql� On the `s day of �.i n the year 20+4 before me,the undersigned, a Notary personally appeared e 2 U Q ,personally Public in and for said state,p y known to me or proved to me on the basis of satisfactory eidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on • ' .► t,the individual, or u - •-rson upon behalf of which the individual acted, ex= uted - ent. `4:- . •tart' 373643v2 STEFANIE DILALLO BITTER Notary Public,State of New York Registration No.02DI60557396 Qualified in Saratoga County . Commission Expires March 5,20 C S� Schedule A All that certain piece or parcel of land situate,lying and being in the Town of Queensbury,County of Warren and The State of New York and more particularly described as follows: Beginning:at a point on the northerly bounds of lands of Adirondack Mountain Ridge Estates,LLC and the southerly bounds of lands of Tateo&Evans(3568/245). Said point being located N84°16'W, 173.53 feet from the northeast corner of lands of Adirondack Mountain Ridge Estates,LLC. Thence running the following(3)courses and distances through lands of Adirondack Mountain Ridge Estates,LLC: 1. S05°44'W, 10.0' to a point, 2. N84°16'W, 10.0'to a point, 3. N05°44'E, 10.0' to a point on the southerly bounds of lands of Tateo&Evans (3568/245). Thence running S84°16'E,along the southerly bounds of Tateo&Evans (3568/245), 10.0 feet to the point,and place of beginning. Containing 100 square feet of land to be the same more or less. feww■erems■■www I iReputed Location of Septic / II......../......: ken ripe row: Wsi 1 Setback rl.a:ds riff of Nally (388/511) I Tank per Representative. \ \ !.;::.:.,l''.'.'.ED .VEL; Iand material unknown. I A 1',/,:.:r/ A 14,).■,.., Cara rod 04 -- . -------......\.... \. . /..,,I t 0, ,,f. , , -/-. (ffi:'rw'r li'w ....- --- - r.,:•(:' f•rOr if) '..7.1,- Ot,',E.:0 f: 1,,, 1 i 1 *...........NS. 1 I I I I / ale 1 Ioo.k;re raL N. Reputed Location of Septic r PROPOSED 10'X 10' Iron PI round v System per Representative. .,' • EASEMENT TOR SEPIK TANK 10.5. • 0 Pipe and stone trenches. s / 1 Iron ripe round Capped Rod 5et i Sire and locotion is approximate. t 411. 1--"".' — - --1.----i- 1 7 r----------------______ / - i POCI1 1111 1 / 1 45 I r , i A 0 1 111 ‘‘ ,,,. II %x i i I • ••• ir \ I , ---- --- L _!ii_ 4001dgfil. Septic: Tank \\ ' \ p tank \ i 1 II' • ' House ' — Pump— -'56Cv _ , , 1 )1,1 , , --A , -1------I--. •j—__ I. --- -0,- , i • 0„ i 1 ---7c , I \ PP- u .T.11 Wel lewd ..... ---............___J Capped Rod 5et 111111111111111111 .6. ' I MON my wii 11 ‘ V OA; - 4114 la Ali Ak I Terater NIM a mit Drilled Well "'Ilk 4.3----..v...OM",b.l. 1 i O FIREPLACE • - - ron NT r moonojeus to nut 7u. I 1 weer 0*Lome Wag DECK w 1.0.1 \ Ovsz 2.5* I I , , , Lands NJ)'of Penal (I 044/I G7) ''...4ss.,_ I i / 0,C'c,7- VARIANCE TABLE: \ ...,--kwar....._ •••-•...../2r, ---. — — r seN. ..: \ Cron f1pe found . / Ma 1111--..r e.....Sd e t• c 0 z - , sepbc as-bult for Required Well to Septic ,, 1, - , ,i , Ridge Estates finds N/F of Casa 1 ..sess,0195/164) Setback = 100' -,... - I / I I Situate$7.------------------ Tern of Clueensbury County of Warren ...,...._ Requested Setback = 71'± ---- I Stabs c flew York to Northerly Adjoiners lei i•=20 fe.ct Date: 1 I July 2014 I I I Leach Field \ Reputed Location of Septic I W . System per Representative. 1 1 1 I Requested Setback = 80.3' - -Exa ocation ond components unknown. i PAparte eseetaret 1 to Parcel Owners Leach — — — ____ ...._...1._____ ..., I Bed fron Dar raind 1 mu NOM Ube .... .......,1 Nw. ,............. Piro round ... WARREN COUNTY—STATE OF NEW YORK 74 PAMELA J.VOGEL,COUNTY CLERK A IE 1340 STATE ROUTE 9, i# LAKE GEORGE,NEW YORK 12545 COUNTY CLERK'S RECORDING PAGE • *"THIS PAGE IS PART OF THE DOCUMENT-DO NOT DETACH""" I Recording: II Cover Page 5.00 Recording Fee 40.00 Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4:50 Additional Names 0.50 BOOK/PAGE: 4913 / 40 TP584 • RP5217 Residential/Agricu 116.00 INSTRUMENT #: 2013-10 04 RP5217 - County 9.00 Receipt#: 2013320627 clerk: LB sub Total : 195.50 —4011111;41h — Rec Date: 12/23/2013 03:03:0 Transfer Tax Doc Grp: RP Descrip: DEED Tra sfer Tax - state 920.00 Num Pgs: 5 otal : 920.00 Rec'd Frm: KBS ABSTRACT SERVICES LL Partyl: SCHUMAN ALFRED E Total " 1115.50 Party2: ADIRONDACK MOUNTAIN RIDGE **** IC THIS IS NOT A BILL **** ESTATES LLC Town: QUEENSBURY **** sf- Tax ***** Trans • .1061 Transfer considerai .100 :0 00.00 Transfer Tax - 920.00 • Total : 920.00 WARNING*** I hereby certify that the within and foregoing was recorded in the Warren County Clerk's Office,State of New York. This sheet constitutes the Clerks endorsement required by Section 316 of the Real Property Law of Record and Return To: the State of New York. KIMBERLY A SALERNO ESQ Pamela J.Vogel 20 PROSPECT STREET Warren County Clerk BUILDING 1 SUITE 201 BALLSTON SPA NY 12020 , N f� WARRANTY DEED with Lien Covenant (3.t r,c'C? 'i ENTURE,made theL' day of September,Two Thousand Thirteen, Be ' . H. ALFRED - • -C and ALICE J SCHUMAN, residing at 1 -13t,A 213, . . , • - _ • . * ,. ,, �•c�Ydi,1411/44s 4 parties of the first part and Q20 ADIRONDACK I Al D ESTATES, LLC doing business at 136 Stone Schoolhouse Road,Lake Geor 1 4 party of the second part. WITNESSETH, that the party .t s . in consideration of ONE DOLLAR ($1.00), lawful money of the United Sta • • . o P .;.00d and valuable consideration paid by the party of the second part,does hereby gr. • . •ase unto the party of the second part,their heirs and assigns forever, ATTACHED LEGAL DES TIO BEING the same premises conveyed to Alfred E. lice J. Schuman from Alfred E. Schuman by deed dated October 20,2005 and recorde ' arren County Clerk's iiiip Office on October 31,2005 in Book 1476 at Page 181. . . • Together with the appurtenances and all the estate and rights ' ;: • -s of the first part in and to said premises. . To have and to hold the premises herein granted unto the parties of e art, his heirs and assigns forever. And said parties of the first part covenants as follows: First,That the parties of the second part shall quietly enjoy the said premises; Second,that said parties of the first part will forever Warrant the title to said premises. Third,That, in Compliance with Sec. 13 of the Lien Law, the grantors 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 1 es,i WHEREOF, the parties of the first part have hereunto set his hand and seal th y SS 0 first above written. / / I 41111111,1111:001111* Alf ed E. Schuman 41 , , . ' ' Alice J. Sch t= 1 STATE OF NEW YORK 4004 COUNTY OF SARATOGA ss.: On the 24th day of September in they 013, be + -. e, the undersigned, a notary public in and for said state, personally appeare Alfred . -• _ .n and Alice J. Schuman, personally known to me or proved to me on the b. - , of sat :ctory evidence to be the individuals whose name is subscribed to the within inst •nt and a- I owledged to me that they executed the same in their capacities, and that by th- - • +ar `• on the instrument, the individuals,or the persons upon behalf of which the individuals a: uteri the instrument. ir.40. R&R: • . ; Kimberley A.Salerno,Esq. STEPHEN J! ,Ii."'.• York 20 Prospect Street x fi, Notary Pu, 1647 Building 1, Suite 201 Qualified in Saratoga County" Ballston Spa NY 12020 : • Commission Expires Sept.10,201� , , _ r • ... ele le)111110 SCHEDULE A(Description) ALL THAT TRA Y F LAND on the easterly side of Kattskif Bay at Lake George in the Town of Q u e unty,New York,being a portion of Lots No. 1&2 as shown on a map entitled"Map nd Monis Bauer,located in Moses Harris Location.No.13,Town of Queensbury,Warre un . ,dated April 10,1951,prepared by Leslie W. Coulter, licensed engineer,filed in th c lerk of Warren County,and more particularly bounded and described as follows: COMMENCING at a point whic th beast corner of said Lot No.1 at an iron pin set in the ground for a corner;thence running. ° ' est for a distance of 75 feet to a point;thence north 80° 36'west to the westerly edge . *ghway running from Glens Tells to Pilot Knob a distance of 174 feet be the same mor nce ning northerly along the westerly edge of said macadam highway a distance o , an' in set in the ground for a corner; thence south 80°36'east a distance of 179 feet • • e a ore or less to a point or place of beginning. • ALSO,ALL THAT TRACT OR PARCEL OF LAND being a ' on of ' No.2 and 3 as shown on a map entitled"Map of Land of E.Louis Bauer,located in ' ,Ises Ha . . .cation No.13,Town • of Queensbury,Warren County,N.Y.,dated April 10,1951, . •ar•' by Leslie W. Coulter, licensed engineer,filed in the office of the Clerk of Warren Con . . 1 e being at the bounded easterly portion of Lots No.2 and 3 on the shores of Lake George and and described as follows: COMMENCING at the southwest corner of lands heretofore conveyed to ' rt ' ,d Neva Herrick by Louis J.DiDio by deed dated the 30th day of July,1963,and recor ren County Clerk's Office in Book 432 of Deeds at Page 192,and which corner' it pin set in the ground;running thence in a southerly direction along the shore of b.. -`0 it winds and turns at the high water line,a distance of 41.2 feet be the same more or less inea a straight line;running thence easterly along a course south 80°36'east to the weste s macadam highway running from Glens Falls to Pilot Knob;thence northerly along t rly side of said macadam highway a distance of 40 feet be the same more or less;thence westerly along a course north 80° 36'west to the point or place of beginning. It being the intention of the parties of the first part herein to convey 41.2 feet be the same more or less on the shores of Lake George. Also,conveying to the party of the second part the right and privilege to use a lane or road located at the rear of,adjacent to and easterly of the premises herein conveyed. Excepting and reserving herefrom easements and reservations of record,including the right of the public in and to the said macadam highway leading from Glens Falls to Pilot Knob. Together with the right,title and interest,if any,which the parties of the first part have to lands lying between the high and low water marks of Lake George westerly of the parcel hereby ete 4141111,1111 SCHEDULE A(Description) conveyed. ALSO,ALL port. L OF LAND on the easterly side of Kattskilt Bay at Lake George in the Tow f Q ren County,New York,being a portion of lands of E. Louis Bauer,as shown a ed"Map of Lands of E.Louis Bauer,located in Moses H Location No.13,Town o Qu an-en County,New York"dated April 10,1951,prepared by.Leslie W.Coulter,liven in the Office of the Clerk of Warren County and more particularly described as f s: 4,,, Commencing at the southeasterly corn t -s shown on said map and which point is marked by an iron pin set in the ground d • nce S uth 80°36'E a distance of one 5' tance of 50.3 feet to a point on the hundred(100)feet to a point;thence runnin. 1 the northerly boundary of the northerly boundary line of Moses Harris Lo premises herein conveyed;thence running North 1° a distance of one hundred(100)feet to a point which is the northeast corner of Lot No.1 a ich is ma an iron pin set in the ground for a corner;running thence South 3°15'W along the f Lot No.1 a distance of 50.3 feet to the place or point of beginning. • It being the intention of the parties of the first part to convey a and lying easterly of Lot No. 1 as shown on said map. • Also,conveying to the party of the second part the right and privilege t c, or oad located at the westerly portion of the lands herein conveyed. . REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 874 SUPERVISOR STROUGH-Is there a motion to approve this request along with the amended versions saying that the pipe will be extended to the end of the parking area? COUNCILMAN IRISH-Can we hear what Bob would say? TOWN COUNSEL,HAFNER-In the last resolved,we already had a contingent upon the merger of the deeds,which was something that we discussed at the last meeting. I just added a clause to the end of this resolved right after where it says Town Counsel. Also it is contingent upon the sleeve surrounding the pipe to extend past the driveway and parking area. RESOLUTION APPROVING ADIRONDACK MOUNTAIN RIDGE ESTATES,LLC'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.:BOH 6,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, Adirondack Mountain Ridge Estates, LLC filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance,Chapter 136 to place the: 1. Effluent Line one foot (1') from the existing house in lieu of the required ten feet (10') setback;and 2. Elijen System two feet(2')from the northerly property line in lieu of the required ten feet (10')setback; on property located at 85 Hanneford 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 Board of Health duly conducted a public hearing concerning the variance requests on Monday,April 7"',2014,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 Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant;and REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 875 BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Adirondack Mountain Ridge Estates for variances from the Sewage Disposal Ordinance to place the: 1. Effluent Line one foot (1') from the existing house in lieu of the required ten feet (10') setback;and 2. Elijen System two feet(2')from the northerly property line in lieu of the required ten feet (10')setback; on property located at 85 Hanneford Road in the Town of Queensbury and bearing Tax Map No.: 227.18-1- 30 and 31,and BE IT FURTHER, RESOLVED,that this Resolution is contingent upon the applicant recording a deed merging both parcels into one parcel and providing proof of such recorded deed of merger referencing this Resolution satisfactory to the Town's Director of Building and Codes Enforcement and Town Counsel and also it is contingent upon the sleeve surrounding the pipe to extend past the driveway and parking area. Duly adopted this 7th day of April,2014,by the following vote: AYES : Mr.Clements,Mr.Irish,Mr.VanNess,Mr.Strough,Mr.Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF STEPHEN O'LEARY RESOLUTION NO.:BOH 7,2014 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance,and WHEREAS,Stephen O'Leary has applied to the Local Board of Health for variances from Chapter 136 to install a new on-site replacement wastewater treatment system as follows: REGULAR TOWN BOARD MEETING 04-07-2014 MTG#14 876 1. Septic tank to be 2'from the dwelling instead of the required 10'setback; 2. Fill system to be 0'from the property line instead of the required 10'setback;and 3. Vertical separation distance from bottom of wastewater treatment sand bed to bedrock within 1,000'of Lake George,to be 2.5'instead of the required 3'setback; on property located at 77 Brayton Lane,Queensbury, NOW,THEREFORE,BE IT RESOLVED,that the Town of Queensbury's Local Board of Health will hold a public hearing on Monday,April 21'`,2014 at 7:00 p.m.at the Queensbury Activities Center,742 Bay Road,Queensbury,to consider Stephen O'Leary's sewage disposal variance application concerning property located at 77 Brayton Lane,Queensbury(Tax Map No.: 239.12-2-87)and at that time all interested persons will be heard,and BE IT FURTHER, RESOLVED,that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500'of the applicant's property as required by law. Duly adopted this 7th day of April,2014,by the following vote: AYES : Mr.Irish,Mr.VanNess,Mr.Strough,Mr.Metivier,Mr.Clements NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.BOH 8,2014 INTRODUCED BY: Mr.Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements RESOLVED,that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 7th day of April,2014,by the following vote: AYES: Mr.VanNess,Mr. Strough,Mr.Metivier,Mr.Clements,Mr.Irish NOES: None ABSENT:None