Application Area Variance [ZBA approved- September 21 2O 16]
fieneralinformation
Tax Parcel ID Number: 289.17-1-391&56
Zoning District: WR
Detailed Description of Project [include CUrrent& proposed.use]:
Current Use: Single Family Residence
Proposed Use: Single Family Residence
Location of Project: 108 Birdsall Road, Glen Lake„ Queenisbury
Applicant Narne: Sereena Coornbee Mailing Address 108 Birdsall Road
Torne�Phone
City, State, Zip
Work Phone Queensbury NY 12804
Cell Phone
5.18-321-3.119
E-Mail: FAX No.
sereesere,enacooi-nbes@yahoo.com
Agent's Name: Mailing Address
Rucinski Hall Architecture-Ethan Hall 134 Dix Ave
Torne Phone — City, State,Zip —
Glens Falls NY 12801
Work Phone 518-741-0268 Cell Phone
FAX No.
ephall@nycap.rr.com 51 8-741-0274
Owner's Name
Same as Applicant Mailing Addl*ess
Iit til Phone
City, State,Zip
Work Phone
Cell Phone
FAX No.
Page I
TOWN OF QR
742 Bay Road, Queeasbury, NY., 12804-5902'
November 1 , 2016
' r na Coombes
108 Birdsall Round
ueensbury,NY 12804
Re: Residential Addition and Carport
108 Birdsall Road
Tax Map Parcels 299.17-.1- 6
Dear Ms., Coombes:
I am writing you vAth reds to my review ofthe application and plans sub it d,to dila
office relative to the above-referenced project and to document the conversations
between you and Laura Moore, f my office.
Upcan my review I find that your proposal will require Area Variance review prior to the
commencement of the project. 'Specifically, an Area`variance is required as the proposed
addition and carport do not appear,to meet the minimum property line setbacks for such a
building,. additionally, it appears as though the proposed addition exceeds the ma inau m
allowable height limit as well..
I understand that you have submitted the necessary application materials already, as such,
this letter serves; as the necessary denial letter in the processing of your Area.Variance
application. Should you have any questions or corm-rients regarding your application,
,please do not hesitate to contact this office,
Sincerely,
Craig Brown
Zoning Administrator
/sh
LACra3,g E3rown\2016 Leuuers enial Coornbes 1111-1 .doc
"Horne of Natiral eaa iy— A Goad Place toLive "
Arm ariance [MAapproved: September2120161
Pre-Sub.mission Conference Form/Section 179-9-040
1. ApplicantName: sarewaCoombas
2. Tax Map ID 289.17-1-39&56 108 BUdsall Road
3. Zoning CIMsificatioo wR
4. Regson,for Review: a
fX4
51 Zoning Section io. ut-k vbL�Aj cgs J&
CA,-C(se(c)"10
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by C r ft�4P
Deed
Genend Information complete
Site Development Data Complete
Sotback Requirements Complete
Additional Projed Infonnation Complete 1<
FAR addre8ged,
Complianee with Zoning Ordinance V
Chccklia items addressed, 6
Environmental Form completed
Sign Page completed
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Staff Representative:
Applicant/Agont: Date:
Pop 6
Area VarianCC [,ZBA approved: September 21 20161
site Cleveloent at
Area/Type Existingsq.faro I Proposed Total sq.. Vit,
Hon
s ft.
A. Buildmng footprint
B. detached Garage 1,454 F 1,454 SF.. _. _..... ..
7. Accessory tracture(s) ... _ ....: .._
20;9 SF 209 SF
D. paved, gravel or other hard surfaced area
4,071 SF <-197 SF> 3,874 SF
E. Porches/Decks
422 SF 422 SF
F. Other -
526 SF 528 SF
G. Total Non-Permeable [Add A-F] 5,262 SF 6,487 SF
H. parcel Area [43,566 sq. ft./acres
22,949 SF 22',949 SF
I. percentage of Impermeable Area of Site [1= 27.29°l0 28.27%
et acli R c-qu i rements
Area
egleli• d Existing r .. ..
Proposed:
Fro�Yardt] 30 029'-3" 1 - 1
Front Yard [2] NA.
horcline 501-0" 195 1 O1" �g
4'.� g_�g 6,q ee
Side Yard ]1.] 201_0'" 15' 1,1
Side Yard [L] ^"R0,1-011 1-1 -I"
G+^y1p��!''ye�o f
Rear hard [l� ' _
✓0..f—0"' 12'-6"
12t-6"
..
Rear'hard [21 _ NA
Travel Corridor
NA
Height 281-0" 2 e1 qy
Permeability �� ..
75% 72.71% 71.73%
Number of parkingspaces 2
Page 2
Area Variance [MAapproved: Septeinbvr212016]
AOAi2nal l�ro�ect h�forraaation
1. Will the proposal require a Septic Variance trom the Town Board of Health? No
2, If the parcel has previous approvals, list application number(s): AV-11-2001,AV-61-2001,AV-53-1996
Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES) Pen-nit
Program?11 Yes/ZNo
4. Estimated project duration: Start Date: 4�2017 End Date: M2017
5. Estimated total cost of prqject: $100,000
6. Total area of land disturbance for project: 000_sr
LLoolj Area Ratio Worksheet
FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor
area by tile lot size in square feet,yielding a percentage.
Zoning District Symbol Floor AreaRatio [FAR]
Waterfront Residential WR 0.22
(;o—irinie—rciai-iVl-od—cra"t-e/Coi,nMerciaI
Intensive 0.3
A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all
floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered
porches. Building square footage does not include. Open deck, docks and that portion of covered docks extending
over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be
included, (See"FLOOR AREA RATIO"),
13. 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 surra total of all floor areas of the principal and accessory buildings or structures
on the project site.
i Parcel Area 22,949 SF S
Existin Floor Area 1,934 SF ft. [see above'defin ition]
P
E
lar
c
t
e
Ar
F
area
�r Area
f
ft- [-scq above�dcfirCitio:n—]
s' '=
S
I floor ,,�41
rPr:oosedAddifional Floor Area 552 SF
ft.
Rin
: T
se 0 loo r rea
ro osed Total Floor Area 2,486 SF
sq. ft.
T T
otal Allowable Floor Area 5,049 SF
see above table
Page 3
Area Variance [ZBA approved: September 21 2016]
Compliance with Zoning Ordinance
Requesting relief frorn SECTION. 179-3-040
Need relief from the requirement(s)listed below which can not be met by the project as proposed.
[Cheek all(licit al L--- Permeability
?ply] [Detback Ei'Bul fer Zone Width
The following questions reflect'the criteria for granting this type of variwice. Please complete them; use additional sheets if
needed.
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby property will be created by the granting of this area variance?
No, the project is an existing 2 story, single family residence and will remain a 2 story single family
residence.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant
to pursue, other than an area variance?
No, the existing building is in violation of the setbacks so any i-nodification to the building will require
an area variance regardless.
3. Whether the requested area variance is substantial?
The front yard variance appears to be significant, however the public road actually bisects the lot
causing the appearance of a,significant variance, there actually is no "front yard" as defined by the
zoning code.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
No, the addition will take place above art existing single story portion of the building to add second
story space and the existing suri deck will be:covered with a roof to become a screen porch, the first
floor open deck will. extend over an area that was a landscape patio.
5. Whether the alleged difficulty was self-created?
The difficulty may be interrupted as self-created however the existing building was already in violation
of the required setbacks and a,previous area variance had been granted to add the existing second floor
prior to the current owner purchasing the project.
Page 4
... ...............
Area Variance [IBA approved: SepLelnlxcr 21 2016]
Section 179-14-03
Application materials and site plan drawing is toinclude sufficient information for the Board to review and provide a decision. The
applicant is to provide a site plan drawing(s)-a survey showing existing conditions,a proposed conditions map(see page 00 for,
specific criteria)and include any other attachments that address A-D as applicable to the proposed project.
A. -General Shown on Sheet
I Title, Narne,Address of applicant&
X1
Yes
3 I�lortln artow T'ax 1'vfa lid, date re orad and soap rn" : I—inch 40C-1,&—feet C-2
�l 13oatndaries of the proeotGed Cos scale coning boundary -1'&C-2
5accessory structures with exterior
dimensions All
6outdoorageareas,driveways,parking areas, etc. existingroposed & C-1&C-2
7 Setbacks for all structures and improvements: existing! �,jopqsed C-1 &C-2
TTI—evations—and.floo�r lans of all ro osed and arfected structures A-1 thru A-6
B. Water& Sewer
Shown on Sheet#
I Project sewage disposal facilities, design details, construction details, flow rates,and number of C-1 &C-2
bedrooms pr
F—I
Water sup ly [i.e. well] &septic on adjoining lots with separal—ion—distance ----
p s to existing or, C-1 &C-2
proposed on-site water strpl and
3sep!ic__.
to well and water bodies o®1 &C-2
4 [well,suppMethod of securing public or private C-1&C-2
water, location, design ar�d constructican ofwaler s«� l irncltadira flail avatar c�:sage5results
C. NA
Shown on Sheet fk
I Number of spaces required for project including calculations and justification: existing& C-1 &C-2
-
proused.
2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing C-1 &C-2
tna.terial e.g.,gravel., laved]3
4existing& proposed gyp,
Design details of ss, egress, loading arc as orifi Y: ex. NA
f:oc anon and character of"green areas [existing and sed], modification to green area, b,_tffer —C-1 &C-2
gone for rernain undisturbed
6 1 i titin , Ioc atron sand deli n of all e ctsting and roposed
n is ur e
outdoor figlatig NA
D.
Shown,on Sheet1 Cin-site a' adjacent watercoarrses, streams,rivers, lake #
d wetlands C-1 &C-2
telephone existing&proposed C-1 &C-2
3 Location, design and construction das, electric,etails of all existing ,arid proposed site improvements
C-1&C-2
— uicluditic- drains, culverts,retamipg.walls, fences, fire& ernes gene zones and hydrants, etc.
4 Square footage of bldg. area—proposed For office, manufacturing, retail sales or other commercial NA
— activities: existing proposed
5
— n & ro, osed NA
6waiver f eguest: provide letter wit➢�application
ng any waivers: please reference Requested
n of Landscaping, Storinwater NA
lana rernent, Grading&LIC111tinc) Plans
8 Identification of Federal, State or County permits required for the prqject together with a—record _NA
— of application for all necessary permits
page 5
Area Variance JZBA approved: September 2120161
Pre-Submission Conference Form/Section 179-9-040
1. Applicant Name: sereena Coombes
® Tax Map ID 28,9.17-1-39&56 Location: 108 Birdsall Road
3Zoning Classification WR
(co q
-0�'I
re r"O
4. Reason for Review:
5. Zoning Section 4: L-L 15 �Ci- 0 I-A C) 6s C-\�'
- C) cTy
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Deed
General Information complete
Site Development Data Complete
Setback Requirements Complete
Additional Project Information Complete
FAR addressed
Compliance Nvith Zoning Ordinance
Checklist items addressed
Environmental Form completed
Signature Page completed
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Staff Representative: CL,—) r, c 'Kec'�
Applicant/Agent: Date: 60
Page 6
Area Variance JZBA approwd: Septenibei 21 2016]
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.
OWNFR's AGEN'r FORM: Complete the following if the OWNER of the property is not the same as the applicant:
Owner:
Designates: as Agent regarding the fbIlowing:
Variance Site Plan
-L.J SubdivisionLi
For-Tax Map No.: Deed Reference: Book_.__ Page Date
OWNER SIGNATURE: DATE:
APPLICAVy's AGEN'r FORNI� Complete the following if the APPLICANT is unable to attend the
meeting or wishes to be represented by another party:
Owner: Serenna Coombes
Designates: RucinsM Hall Arch. - Ethan Hall as Agent regarding the following:
Variance-J4 Site Plan Subdivision
For fax Map No,::289917-1-39& 56 Deed Reference: Book
Page Date
OWNER SIGNATURE: DATE:
11 ENGINIER'N FEE E➢S -'1,,OSURE, Applications may be referred to the Town consulting review of for revieofseptic
design, sto'll'Idrainage,
etc. a'sdete_mined 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.
All➢"HOR A' 0 FOR E IT * By signing this page and submitting the application materials attached herein, the
S"r V"
e 'Z a' their agents)
en hereby authorize the Zoning Board or..Planning Board and Town Staff to enter the subject
e Applicant,
hisliry
Own antpurpose
pd 'I t(s)
properties
op I s f
c or the u, ose of reviewing
�wiug he arap ication submitted.
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.
It is the practice of the Community Development Department to have a
designated stenographer tape record the proceedings of meetings resulting fi-orn application., and minutes transcribed from those tapes
AGREEMENTTO PROVIDE DOCUr MENTAJ,[ON R 1,the undersigned, have thoroughly read and understand
the instructionsubmission requirements, I acknowledge no construction activities shall be
commenced pr plans and supporting materials are a true and com
statement/descywvoa . plete
approved planscornreguproposed and that all work will be performed in accordance with the
my agents, will edge that prior to occupying the facilities proposed, I or
erstand that Uwe 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 afire to the above,
Sereena Coombes
2�4JA�e J�a�V
[A, Print Name[Applicant]
-1 Man P.Hall Dat signed
Signature [Agent] Print Name [Agent] Date signed
Page 7
Short En,vire ti Assessment Form
Part I -Project Inf6rination
Part I -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 itern,please answoras 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 I-ProJect and Sponsor-Information
Name of Ac-tion orl�r_qi_cji: -—-—--
AddiVDn to the Coombes Residence
Project Location(describe,and attach a location rnap):
108 Birdsall Road,West end of Glen Lake in the Town of Queensbury
Brief Description of Proposed Actiow
Addifion to the second floor of an existing single fdamily residence to expand:second floor for relocation of bedroom space
Name of Applicant or Sponsor: Tclophone: 518-321-3119
Sereenna Coomibes
f_-Mail: sereenacoombes@yahoo.com
108 Birdsall'Road
city/po:
Queensbury State: Zip Code:
New York 12804
ZI�C
21104
'o
1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, N 05' YES
administrative rule,or regulation?
t
4s ,
1 ff Yes,attach a narrative description of the intent of the proposed action and the envirotirriental resources that
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
'y
2. Does the proposed action require a permit,approval or funding from any other goverrunental Agency? NO YES
If Yes,list agency(s)narne and permit or approval:
Town of Queensbury Building Permit
FaT oTc reage-_Wt_ site
off"
f the proposed action?
7 _ a—
acres
h. Total acreage to be physically disturbed? 0.01 acres
c.'rotal acreage(project site,and any contiguous properties)owned _
or controlled by the applicant or project sponsor? 0.53 acres
4. Check all land uses that occur on,adjoining and near the proposed_action. '_"_"'_
E]Urban [3 Rural (non-agriculturc) [:1Industrial ElCommercial OResidential(suburban)
Dforest DAgriculture Aquatic El Other(specify):
ElParkland
Page I of 3
............ ---------......—
5. Is the proposed action,
a..A permitted use under the zoning regulations? NO 'SES N/A
IEJI
b.Consistent with the adopted comprehensive plan.?
Z El
1
6. Is the proposed action consistent with the predominant character of the existing built or natural No Yf§--,
landscape?
T Is the,site of Wthe 1.3--r—opose—dact-ion—located in, of itadjojn,a s-i-a-te listed.Criii c-alEnviro-n.—Mental Area-?——NO 1 YES
Il Yes,identify:Name: len Lake,Name:Rou,nd Pond,Reason:Beneflt to human health,natural setting,ReasomUnique,
T�t-
g
a.Fill—theprop-o"sed—action'-i—,esultin a"s-i—ibstantial i ri"_crease in tr"affic—above present Icve1_s? '_ N-0 YES—
b. Are public transportation service(s)available at or near the site of the proposed action? EJ
c.Are any pedestrian accorrunodations or bicycle routes available on or near site of the proposed action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed reqUiMnentS,describe design features and technologies:
r D
—I
Ei
10, Will the proposed action connect to an existing public/private water supply? NO -YES
If No,describe method for providing potable water:
I I. Will the proposed action connect to existing wastewater utilities" lid O.— YES
If No,describe method for providing wastewater treatment: El [R]
_1.2. a.Does the,sitecontain a",,"3tructure 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?
11 a. Does any portion of the site 0f_the"p_ropo`sed a"-c t—ion,or lan-d--sadj-oining-the—proposed actren,c'ontai—n
wetlands or other waterbodies regulated by a federal, state or local agency? NO VES
El Z
b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
1.4. Identify the typical habitat types that occur on or are likely w be found on the Project Site. Check all that apply:
0 Shoreline El Forest E]AgHCU.Itural/gra ssiands Early mid-successional
0 Wetland Urban 0 Suburban
15. Does the site of the proposed action contain ally 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
J-7-
17. Will the,proposed action create storm Warier discharge,either 1rom point or non-point sources? NO YES
If Yes,
a. Will stoma water discharges flow to adjacent properties? NO []YES
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: NO []YES
Page 2 of 3
...........
18,Does the proposed action include constniction or other activities that result in the iinpoundrnerrt of NO 'SES
water or other liquids(e.g. retention pond,waste lagoon,darn)?
lf'Yes, explain purpose and size:
19.Has,the site M,ffie proposed action or an adjoining property been the location of an active or closed I NO YES
solid waste management facility?
If Yes,describe:
...............
–HO.Has the site of`the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe:
I AFFIRM THAT,rHE INFORMATION PROVIDED—ABOVE IS TRUE AND ACCURATE TO THE REST OF—MV—
KNOWLEDGE
Applicant/sponsor : Ethan Hail-Architect\Agent for the Applicant Date: November 8,2016
Signature:
Page 3 of 3
...........
EAF Mapper Summary Report
Tuesday, November 08, 2015 3:25 P
Disclaimer.er. The EAF Mapper is a screening tool intended to assist
project sponsors and reviewing agencies in preparing an environmental
d,,_ll s^« assessment form(EAF),Not all questions asked in the EAF are
answered by the EAF Mapper'.Additionai information on any EAF
7-''l II `:C Nr.'R r '4 question can be obtained by consulting the EAF Workbooks. A➢though
the EAF Mapper provides the most up-to-date digital data available to
DEC,you may also need to contact local or other data sources in order
to obtain data not provided by the Mapper.Digital data is not a
2' , t, .,r
substitute for agency determinations.
R..p 42
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Part 1 /Question 7 [Critical Environmental 'ayes
.area]
Part 1 /Question 7 [Critical Environmental game:Glen Lake, Name:Round Pend, Reason:Benefit to human health
Area- Identify] natural setting, ReasomUnique, glacial kettle grand, Aency: ueensbury, Town
of, Date:11-30-89, Date:12-0 5-86
Part 1 1 Question 12a [National Register of No
Historic Places]
Part 1 /Question 12 [Archeological Sites] ''des
Part 1 /Question '15a [Wetlands or Other "des w Digital mapping information on local and federal wetlands and
Regullated.Waterbodies] waterbodies is known to be incomplete. Refer to EAF Workbook.
Part 1 /Question 15 [Threatened or 'yes
Endangered Animal]
Part 1 /Question 15[100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
Part 1 /Question 29[Remediation Site] No
Short Environmental Assessment Form - EAF Mapper Summary Report
EAF Mapper Summary Report Tuesday, November 08, 2016 3:34 PM
Disclaimer: The EAF Mapper is a screening tool intended to assist
project sponsors and reviewing agencies in preparing an environmental
9 17-1-3 assessment form(EAF),Not all questions asked in the EAF are
answered by the EAF Mapper,Additional information on any EAF
17`1 4k,, question can be obtained by consulting the EAF Workbooks. Although
the EAF Mapper provides the most up-to-date digital data available to
2 89A 7-1-5= DEC,you may also need to contact local or other data sources in order
to obtain data not provided by the Mapper.Digitat data is not 8
substitute for agency determinations.
ur
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Part 1' /Question 7 [Critical Environmental Yes
Area]
Part 1 /Question 7 [Critical Environmental Name:Glen Lake, Name'-Round Pond, Reason:Benefit to human health,
Area- Identify] natural setting, Reason:Unique, glacial kettle pond,Agency:Queensb u ry, Town
of, Date:11-30-89, Date,12-05-86
Part I /Question 12a [National Register of No
Historic Places]
Part 1 /Question 12b [Archeological Sites] Yes
Part I /Question 13a [Wetiands or Other Yes- Digital mapping information on local and federal wetlands and
Regulated Waterbodies] waterbodies is known to be incomplete. Refer to EAF Workbook.
Part 'I /Questlon 15[Threatened or Yes
Endangered Animal]
Part I /Question 16[100 Year Hood Plain] Digital mapping data are not available or are incomplete. Refer to EAF
Workbook,
Part 1 /Question 20[Remediation Site] No
Short Environmental Assessment Form - EAF Mapper Summary Report
..........
THIS INDENTURE, made the 22nd day of December, Two Thousand Fourteen,
BETWEEN
STEPHEN C. MILLER, residing at 108 Birdsall Road, Queensbury, New York
1280,4
party of the first part, and
JOHN M COO ES and SEREENA C. COC ES, husband and wife, residing
at 15 Fairway Court, Queensbury,New York 12804
party of the second part,
WITNESSETH, that the party of the first part, for and in consideration of the sum of
Ten Dollars, and other good and valuable consideration paid by the party of the second
part, does hereby grant and release unto the party of the second part, and the heirs and
assigns of the party of the second part, forever,
ALL THAT CERTAIN PLOT,PIECE OR PARCEL OF LAND, situate, lying
and being in the Town of Queensbury, County of Warren, designated as tax map Section
40,Block 1, Lot 19.2, and
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, situate, lying
and being in the To of Queensbury, County of Warren, located on the Southerly shore
of Glen Lake and approximately 350 Feet Easterly of Birdsall Road, in said Town, and
which parcels are more particularly described in Schedule A attached hereto.
SUBJECT to all casements, restrictions and right-of-ways of record.
TOGETHER with all the right, title and interest, if any, of the party of the first
part in and to any streets and roads, abutting the above described premises, to the center
lines thereof, or the entirety thereof, as may be shown on the said survey; TOGETHER
with the appurtenances and all the estate and rights of the party of the first put in and to
said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of
the second part,the heirs and assigns of the party of the second part, forever.
AND the party of the first part covenants as follows:
FIRST,that the party of the second part shall quietly enjoy the said premises;
SECOND, That said party of the first part will forever WARRANT the title to
said premises; and
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.
The parcel is entirely owned by the transferor and the premises are not located in
an agricultural district.
........... ...............—
WITNESSETH, that the party of the first part, for and in consideration of the sum of
Ten Dollars, and other good and valuable consideration paid by the party of the second
part, does hereby grant and release unto the party of the second part, and the heirs and
assigns of the party of the second part, forever,
ALL THAT CERTAIN PLOT,PIECE OR PARCEL OF LAND, situate, lying
and being in the Town of Queensbury, County of Warren, designated as tax map Section
40,Block 1, Lot 19.2, and
ALL THAT CERTAIN PLOT,PIECE OR PARCEL OF LAND, situate, lying
and being in the Town of Queensbury, County of Warren, located on the Southerly shore
of Glen Lake and approximately 350 Feet Easterly of Birdsall Road, in said Town, and
which parcels are more particularly described in Schedule A attached hereto.
SUBJECT to all easements, restrictions and right-of-ways of record.
TOGETHER with all the right, title and interest, if any, of the party of the first
part in and to: any streets, and roads, abutting the above described premises, to the center
lines thereof, or the entirety thereof, as may be shown on the said survey; TOGETHER
with the appurtenances and all the estate and rights of the party of the first part in and to
said premises; TO HAVE AND TO HOLD the premises herein granted to the party of
the second part,the heirs and assigns of the party of the second part, forever.
AND the party of the first part covenants as follows:
FIRST,that the party of the second part shall quietly enjoy the said premises;
SECOND, That said party of the first part will forever WARRANT the title to
said premises; and
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 sarne first to the payment of the cost of the improvement
before using any part of the total of the same for any other purpose.
The parcel is entirely owned by the transferor and the premises are not located in
an agricultural district.
The word "Party" shall be construed as if it read "parties" whenever the sense of
this indenture so requires.
IN WITNESS WHEREOF, the party,of the first part has duly executed this deed
the say and year first above written.
In Presence of-
STEPAEN C. MILLER
. .............. ........... ...... ............
+rt,,
F
STATE OF NEWYORK:
ss.:..
COUNT" OF WAN .
4n the _22nd day of December in the year 2414 before me, the undersigned, a
Notary Public in and for said State , personally appeared Stephen C. eller, personally
known to me or proved to me on the bans of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same to 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.
L k
Notary public
DEIBORtlA HEEHAN
Notary Public,State of Nowa York
Record and Return to; No,OP-SH4890168
ualified in Albany countY
Commission paras March 30o 2
Borgos and lel Signore,F.C.
2 Glenwood,avenue
Queensbury,New York 12804
SCHEDULE A
LOT
ALL THAT CERTAIN PIECE OR PARCEL OF LAND, situate, lying and being in
the Town of Queensbury, Farren County,New York,more particularly bounded and described
as follows:
BEGINNING at an iron pipe set in the ground in the southerly bounds of a proposed
right-of-way distant the following Four courses from an iron pipe found in the ground at the
northwesterly corner of parcel of land conveyed to Vincent R. and Regina L. Reis by Edward
and.Patricia T. John by deed dated July 17, 1961, recorded in.Book number 411 of deeds at page
31 in the Warren County Clerk's Office; (1) south 45 degrees and 23 minutes west along the
southerly bounds of lands of Helen I. Stewart, 20.00 feet to an iron pipe set in the ground; (2)
South 36 degrees and 03 minutes East along the southerly bounds of the said proposed right-of-
way, 75.85 feet to an iron pipe set in the ground; (3) South 44 degrees and 05 minutes East, still
along the southerly bounds thereof, 75.00 feet to an iron pipe set in the ground;thence(4) South
67 degrees and 31 minutes East, still along the southerly bounds thereof, 75.00 feet to an iron., .
pipe set in the,ground; thence running from said point of beginning South 67 degrees and 31
minutes east, still along the southerly bounds of the said.right-of-way; 25.00 feet to an iron pipe
set in the ground; thence running South 75 degrees and 32 minutes east, still along the southerly
bounds of the said right-of-way, 47.34 feet to an iron pipe set in the ground; thence running
South 14 degrees and 28 minutes West, 100.00 feet to an iron pipe set in the ground in the
northerly bounds of proposed townroad; thence running North 72 degrees and 34 minutes West
along the northerly bounds of the said proposed town road, 86.16 feet to an iron;pipe set in the
ground;thence running North 22 degrees and 29 minutes East, 100.00 feet to the point or place
of beginning. Containing 0.179 of an acre of land,be the same more or less. Bearings given the
above description refer to the magnetic meridian as of July 12., 1966.
The party of the second part covenants and agrees with the party of the first part, their
heirs and assigns,that no automobile, trailer will be parked on the premises hereby conveyed,
including house trailers. The grantor also grants and conveys to the grantees, their heirs and
assigns,an easement or right-of-way to be used in common with nine other lot owners of
subdivision now in the process of completion,to a certain lot of land bordering on Glen Labe as
shown on a mala made for the,grantors Dewey by John B. VanDusen, Licensed Land Surveyor,
which lot is known as the Beach Lot and is adjacent to the lands or lot of one William Merritt.
Said leach Lot shall be used in common with all other lot owners of the subdivisionand their
heirs and assigns for recreation, bathing and boating purposes.
The grantees agree with the grantor for the benefit of other lot owners that the lot herein
being conveyed shall be subject to the following restrictions:
1. No lot shall be used except for residential purposes.
2. No dwelling shall be permitted on any lot which shall cost less than$10,000.00.
3. In the event a cottage or house is built on said lot, it is to be up and under roof within a
period of six months, and the entire structure is to be wholly completed within a period of two
Fears.
These covenants shall run with the land:and are binding on the grantees,their heirs and
assigns.
The grantees shall have a right-of-way for themselves and their heirs and assigns over the
front of said premises running generally westerly to a proposed read and then easterly aver said
proposed road until it connects with what is known as the Birdsall Road.
Being and hereby intending to convey the same premises as conveyed by Harley F.
Dewey and Rita R. Dewey to the party of the first part herein by deed dated September 27, 1996,
and recorded in the Office of the Farren County Clerk on September 27, 1996 in Book 995 of
Deeds at.Page 124.
LOT
L THAT CERTAIN PLOT,PIECE OR PARCEL LAND, situate, lying and
being in the Town.of Queensbury, County of Warren,located on the Southerly shore of Glen
Lake and approximately 3 50 Feet.Masterly of Birdsall Road, in said Town,, and which parcel is
bounded and described as follows:
Beginning at an iron pipe marking the Northwest corner of those premises conveyed by .
Harley F. and Rita R. Dewey to Stephen C. Miller, by deed dated September 27, 1996 and
recorded in Book 995 of Deeds at.Page 125 and which iron pipe also marks the Northeast corner
of lands of Richard L. and Jane S. Bartis; running thence North 22 degrees 29 minutes Bast, for a.
distance of 24.47 Feet, to the Southerly lire;of land of William Merritt, Jr. and ethers;thence
South 54 degrees 55 minutes Bast, a distance of 18.57 Feet to an iron pipe marking the Southeast
corner of said lands of Merritt; thence North 33 degrees 04 minutes East, along the Easterly lisle
of said lands of Merritt; and crossing a roadway running Westerly to Birdsall Road,for a distance
of 138.64 Feet, to an iron pipe, thence continuing North 33 degrees 04 minutes East, for a
distance of 15 Feet, more or less,to the shore of Glen Lake;thence Southeasterly along said
shore line, a distance of 40 feet, more or less;thence South 01 degrees 17 minutes Bast, along the
Westerly line of those premises conveyed by Michael A. and Paula F. Battiste to Paula.P. Fitz, by
deed dated June 25, 1994 and recorded in Book 918 of Deeds at Page 313, for a distance of 20
Feet, more or less,to an iron pipe, and which iron pipe is located at a distance of 50.00 Feet,
Easterly, from the last mentioned iron pipe, thence continuing South 01 degrees 17 minutes East
and crossing said,gravel roadway,for a distance of 148.37 Feet to an iron pipe xarking the
Northerly line of lands of William C. and Adele T.Andrews; thence North 75 degrees 32
minutes West, along said Northerly line,for a distance of 82.21 Peet to an iron pipe marking the
Northeast corner of said lands of Stephen C. Miller; thence continuing North 75 degrees 32
minutes Vilest, for a distance of 47-34 Feet to an iron pipe, marking ars angle point; thence North
67 degrees 31 minutes West, for a distance of 2.5.00 Feet to the point of beginning. Containing.
0.34 acres.
Being and hereby intending to convey the same premises as conveyed by Robert R. Cross
to the party of the first part herein by deed dated January 23, 1998, and recorded in the Office of
the Warren County Clerk on January 16, 1998 in Book 1052 of Deeds at Page 1.