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Application TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY. 12804-5902 January 6, 2017 Stephen & Caryn LaFleche 12 Berkshire Drive Clifton Park,DIY 12065 Re: residential Addition 12 Waters Edge Drive Tax Map Parcel: 2.2.7.17-1- 9 Dear Mr. &Mus. Y aFleche: I am writing you with regards to my review of the application and plans submitted to this office relative to the above-referenced project and to document the conversations. between your agent; Dennis MacElroy and Laura Moore of my office. Upon my review I find that your proposal will require Area Variance review and Site Flan review prior to the commencement of the project. Specifically, an Area Variance is required as the proposed addition to the structure does not-meet the miry morn setback requirements of the Waterfront Residential; (WR) district. Site Plan review is needed as your existing structure is considered to be non-conforming (setbacks) and any time a non- conforming structure is expanded within a Critical Environmental Area such review is necessary. I understand that you may.be preparing 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 comments regarding your application, please do not hesitate to contact this office. Sincerely, Craig Brown Zoning Administrator Bfsh Cc: Dennis MacElroy, PE L;1 ruig BrownQ011 LcttcrsMcn;al LpiFleche 1_6_17.doc ' Ho »ne of Natural Beauty ... A Good Place to Live " Area Variance Revised June 2009 Pre-Submission Conference Form 1794-040 1. Tax Map ID 227,17- I -29 2. Zoning Classification WR (� 3. Reason for Review: �)c,r-)L.--, l C i r a �t Mf.'Y�I4, r c.L 4, Zoning Section 4: - , , a. Pre-9ubmisslon Meeting Notes; finding-ItemsJoEle--A - ' PAL, , 7 Deed Yes �No �� PYF General Information complete Yes No f Site Development Data Complete Yes No i r Setback Requirements complete Yes = No Additional Project Information Complete _V'_Yes - -- - No FAR addressed V Yes No Compliance with zoning Ordinance a Yes �No Checklist items addressed Yes No Environmental Form completed H! Yes NO Signature Page completed Yes No 'F-(c ,f C,,-_per A2: r c.+ r L4 e . L (-)A Li t —Cis- 1 cv�n UL4 KVI-P U-e. f),(A Cryo r +/.�-- • � ( e � �/ •f/��� 7 �cc NJ ` C rD I1 - C- L f , Ce 4 -1?� Staff Rep rosentative- Applicant I Agent: iNA Date: c7E7�3� -�— Town of Queensbury -Zoning Office- 742 Bay road- Queensbury, NY 12904- 616-761-8238 I ENVIRONMENTAL DESIGN PARTNERSHIP, LLP January 12, 2017 Town of Queensbury ZoningBoard of Appeals 742 Bay Road 4l Queensbury,NY 12804 ,-J�SSURY tin: Steve lackoski, Chairman QF' FJ E Re- Effleche Residence - Waters Edge Drive Dear Steve: Submitted for your review and distribution are 15 sets ofAma Variance application documents for the referenced project. Included with the application, Variance Plan, architectural floor plans and elevations, survey and deed is a denial letter from the Town indicating the need for relief from existing zoning regulations. The project involves improvements to a lawful, nonconforming single family residence with an attached garage. One variance is being requested for relief from ordinance standards as noted on the attached description (Sheet -1). By copy of this letter we request a waiver for submittal of several items listed as part of the application documents that are not applicable to this residential project. • A.waiver is requested for provision of details for handicapped access and parking, loading areas, signage and lighting. • A waiver is requested for provision of details for breakdown of commercial use areas. Thank you for your consideration of this variance request and I look forwaxd to meeting with the Board at a February meeting. Sincerely, Dennis MacElroy, PE RECEIVED � Environmental Design Partnershipt) Attachments JAN 13 20f? - Co: Steve & Car n LaFleche TOWN OV�I� E F ERY 900 Route 140: Clifton Park, New York 12065 phone (5 18) 377-7621 -fax(518) 371-9540 Z - - I � � � Area Variance Revs ed ,lune 2009 General Informal=ion Tax Parcel ID Number: 227.17- I -29 Zoning District: WR Detailed Description of Project [includes current&Proposed u5e]: Pranosed additoon of se fld story living area to g laMZf IJ nonconforming structure in the.WR acne- The residence an the 0-19 acre Parcel will not increase in footprint area but reallocate the Paving area to the lakeside in the form of a second story mpansion. The existing S ore the and side yard ac wil I n6f 3A fr6in t e current condition- Location of project. 17 Waters Fdga Chi ve-nff Srr ye. Rond — Applicant Nome: Stephen& Caryn LaFleche Address: 12 Berkshire Drive Clifton Park,NY Home Phone Cell: Work Phone Fax E-Mail: stcphcnlafl�chegma;i.com Agent's Name: Dennis Mar0roy Address: EDP-4 01,'Tech Park,-O Glens lulls Hame Phone 792-8200 Cell: 376-4485 Work Phone 761-017 Fax 761-G317 E-Mail drnELcelroy(r edpllp,com Owner's dame shine as applicant Address Horne Phone Cell Work Phone Fax E-mail Town o.`Qu eon shu:y - Zoni^g Office - 742 Bay Road - 0ueensburj, NY 12804- b18-761-8238 1 Area Variance Revised June 209 Site Development Data Area !Type Existing sq, ft, prglaed Total sq. ft. Addition sq.ft. A_ Building footprint 2362 0 2362 E_ Detached Garage 0 0 0 C. AccessoryStructure(s) 0 0 0 D. Paved, gravel or other hard surfaced area 2368 (-120) 2248 E_ Porches J Decks 191 0 191 F. Other 0 0 0 G. Total Non-Permeable [Add A-F] 4921 (4120) 4801 H. Panel Area [43,660 sq. ft. J acre] 8276 0 8275 I, Percentage of Impermeable Area of Site [I=GIH] 59.5 (-1.5 °a) 58,0% Setback Requirements Area Required Existing Proposed Front ['l] 30 Front [2] 30 Shoreline 50 19.6 19.6 (29.5) Side Yard [1] 15 4.7(E) 4.7 (8.1) (E) Side Yard [2] 15 9A(W) 9A(W) Rear Yard [1] 30 Rear Yard [ ] 30 Travel Corridor NA Height [max] 28' 22+1_ 22'+{_ Permeability 75 % 4 0.5 °/ 42% No. of parking spaces 2 2 2 Town of Queensbury - Zoning 0ffice -742 Bay Reed- Qi,eansbury, NY 1�aN -518-761-8238 Area Variance Revised June 2008 Additional Proieot Information 1. Will the proposal require a Septic Variance from the Town Board of Health? }'es 2- If the parcel has previous approvals, list application numbers); B01-1 Variance BOH,38-2016 3. Does this project require coverage under the NYS DEC Sterrnwater Pollution Prevention Program? no 4- Estimated project duration; Start Date arch'17 End Date lunc X17 5- Estimated total COSI of project- $75000 a. Total area of land disturbance for project_ 10()0 sf Floor Area Fatio 1orksheet FLOOR AREA RATIO (FAIR) -- The relationship of building size to lo# size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage. Zoning District Symbol Floor Area Ratio [FAR) Waterfront Residential WR 0,22 Commercial Moderate cin 0, Commercial I nten sive C I 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 mare 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'F LOO R AREA RATIO"). 8- 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 6 sq. ft. Existin g Floor Area 3068 sq, ft, see above definition Proposed Additional Floor Area sq. ft, Proposed Total Floor Area sq, ft. Total Allowable Floor Area Area x 0,22 see above table Town of Queensbury -Zoning Office -742 Ray Road - Queensbury, NY 12804 - 518-761-8238 3 Area Variia n re Revised June 2009 Compliance with Zoning Ordinance Requesting relief from SECTION: 179- 13 -010 Beed relief from the requirement{s} listed below which can not be met by the project as proposed. fctwR err€har apoyJ ❑3etbac� ❑ Buffer Zme ❑ Lo Width ❑Other expansion of lawful_nonconta The fallowing questions reflect the criteria for granting this type of variance. Please corn plete them: use additional sheets if needed_ 1, Whether an undesirable change will be produced in the character of the neighbor-hood or a detriment to nearby property will be created by the granting of this area variance? The proposed addition of second floor area will not change the footprint area of the residence and will not decreer se the n the char-Loce detriment to nearby property. , Whether the benefit sought by the applicant can be achieved by some methal, feasible for the applicant to pursue, other than an area variance? Any feasible-use of the available existing floor area in this lawful nonconfonriing structure wi 11 require an area variance_ sim and conTiguratGn Of e stn of on whicli the residence exi sts uri 1.1 automatically trigger the nced for an area -variance for any typic of residence of this nature. 3. Whether the requested area variance Is substantial? The request area variance could be considered sli t as it is sim 1 the crilargiag or expoading expandingof the existing nonconformity. This variance does not decrease the applicable setbacks to any way. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? The addition of the proposed second floor fivinE area is not expected to have an adverse effect on the physical or environmental conditions in the neighborhood. The replacement of impervious walkway areas with pervious permeable hlnm•lr i avara%mill Tnsmr-a i nizi+iye L-ffiprt m1111P pnvirnnTMeMAI rn71rl;+innc ac Ipee i Mnanriroie§M-A will MA&I etntr w'1+Pe management will be provided. 5. Whether the alleged difficulty was self-created? W hi le the request being made is self-created the fact that zoning conditions imposed after the creation of the arcel and residence makes the proposed improvements to the lawful nonconforming structure an automatic variance requirement. Town of Queensbury-Zoning 0ffice- ;'42 Bap Road- Queensbury, NY 32804 - 518-'81-8238 4 Area Variance Revised June 2009 Sub rnittal of a stamped and signed SURVEY NAP depicting existing and proposed conditions shall include the items as noted below_ A. GENERAL . SHOWN ON SHEET 1 Title, Name,f,ddre59 of applicant&person resporrslble for preparallcm of drwmng _] 2 deed attached 3 North arrow,Tax Map ID, date prepared arnd scale[minimum 1In. =40 ft.] 4] 4 I3oundarles of the property plotted to scale,zoning boundary V-] 5 Principal siructures,accessrny stfuctures vollh extarior dlmenslons ] B Site improvemenle lrrcl,ouldoor storage areas,driveways,parking areas, etc.: existing&proposed -1,V-2 7 Setbacks for al slructures arvd impaowements; existing A proposed V-1, V-2 0 Elevations and floor plane of all proposed and effected s tructures attached B. WATER 8 SEVVFR SHOWN-ON 1 Prefect sawaga disposal fadlNtas,design detalls,construction details,flow rates,and num Ger of bedrooms proposed -1,V_2 2 Water supply [I.e. well]9 sepilc orG adjoining lots vAth separatlon dlslanoes lo existing or proposed on-site waler supply and septic -1,V-2 3 Separatlon dlslanm for proposed swiage disposal syslem to well and water bodies V-1 4 E)dsting public or private water supply [well. lake, elc,], Method of securing publEc or private water, location, design and -1 construction of waiter supply irwItAdlog diaLly watet usage 5 PeroWn ion test localion and resulls NA C. PARKING f PERMF-ARI.F AREM SHOWN ON SHIE"0 1 Number of spaces required for project including calculaGnra and justifFcation. existing A proposed 2 No_of existing parking s aces,number to be removed,number to maintain And type of surfa&oq material le.q.,pravel, ave r-A, — 3 ProvisiGn for pedestrian and handicap access and parking= existing,&proposed NA 4 Dosign derails of Ingrass,egress,loading areas and mulin - eidsling&proposed V-1 5 Locatlan and character of green areas[existing and proposed],modlFlcation to green area, buffer zone to remain undisturbed V-1 6 Lighting,IocaVon and design of all existing and proposed"oor Ilghting -1 [7. AOOITIONAI_SITE DVEt_QPIVIFNTAND MESGELLANEOUS SHOWN ON SHEET# 1 On-site&adjacent watercourses,streams,rivers,lake and welland9 V-1, V-2 2 Utilityfanmrgy distribution system[gas,elaotrle,solar,telephone]: existing LProposed -1, V-2 8 Locallan,design and construGtlon cMalls of all existing and proposed site improvement9 including; drains, culverts, retalning wails,fencee,fire&emergency comes and hydrante,etc, V-1,V-2 4 Square footage of Wdg_ area propoeed for office, m2nufaoturilng, retail sales or other cammercial activities. existing $ NA proposed e Signage; Localian,sine,type,desNn and setback: exiisling$proposed NA f Weiner Request. provide(eller with application requesting any walaere. please reference specllEc Items coyer letter g CommercialiIndusirial Development requires submisslon of Landscaping,Stormwater Management, Gredlin 9 Llghdrig Plans A h Identfficatim of Federal.Stale or County permits required for the project together with a record of application for all necessary A ermlls Town of 0ueanst:ury-Zaning Office- 742 Bay Road- Queansbury. NY 12804 - 51B-761-8238 5 Area Variance Revised June 2009 Signature 'age This page includes the 1.) Authorization to Act as Agent Form. 2.) Engineering Fee Disclosure; 3.1 Authorization for Site NArsits: 4.) Other Permit Responn bifitfes: S.) Official Meeting disclosure and 5.y Agreement tO provide document;�tiOn Yep u irea- oWNErt's AGENT FORM' I I Complete the following if the OWNER of the property is not the same as the applicant Owner; Designates: As agent regarding; Variance Sita Plan Subdivision For Tax fu}ap No,; �Section Blpwk Lot Deed Reference: Bank Page Date LOWNER SIGNATURE- _ DATE: - - APPLI CANT'S AGENT FORM -- -- - Complete the following if the APPLICANT is Lrnable to attend the meeting or wishes to be reprasemad by another party. I' Owner, SL�phrn LuFlcchc l Designates' f]enuis MauElroy As agent regarding= X Varianoe ' Site Plan Subdivision For Tax Map No.: 227.17 a tion 1 E3fock =`] Lot - Deed Refaren R B00k Page I(J-:.3 Date -> OWNER SIGNATURE; _ DATE 1 F I- _ 2)ENQ11NEERINO PEE DISCLOSURE; Applications may be referred to the Town consulling or,gireer for review of sap,ir, design. storm drainage, etc. as determined by the Zorsing or Planning Department. Fear. for engineering review services will be charged directly to the applicant. Fees for ongineeriog review will not exceed $ 1,000 withoul notification to the apolicont. 3.1 AUTHORIZATLQN FOR SITE VISITS,. By signing tins page and aubmitting the appllcatlpn m2bs-ri215 attached herein. the Owner. Applicant, and hi51hedtheic agent(s) herby aulhorire the Zoning Board or Plannkng 6pard and Town Staff to errter the Sut>ject properties for the purpose of reviewing the apprioe tiprj Subrnitted 4_t- OTHER PERMIT RESPONSIBILITIES= OUIer permits may be m4uiired for aonsmxtion or alteradan acWty subsequent Io apprcw@1 by the Zoning F3oard cr Ptdnning Burd. It is the apptiCant's responsibility to obldin any addEcinal psnnits. 5,1 OFFICIAL MEETING.MINUTES DrSCLOS URE; It Ia ttie practice of the Community Development Depaelmerit to have a designated .venographer tape r®cord the proceedings of meetings resorting from application, ana rninute5 transcribed from those tapes constitutes She officlaI record of air proceedings- IAENT TO PROVIDE= DOCUMENTATIONREQUIRED: 1, the undersigned, have thoroughly read and understand the instructions inr Submission and Egree to the Submission tecruirarnignts, I acRnowfedge ria construction activities shall be cornmenced prior ro issuance of a valid permit- I certify that Lha application, plans and suPWing rnsterSals are a 1€ue and complete 5faterrlentldesc61Yti0n of the existing condilfons and the work proposed, and that all work will be perFormed in accordance with the approved grans 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 oocuporicy as necessary- I also urPderstand that ifwe may be required to provide an as-built survey t)Y a Iicensed land r.urvayor of all newfy consinroted facilities prior to issuance of a certificate of occupancy i have rea and agree bD the above. tcphen L Flcche .. Gf _ tore [Appli r} Pant Name [Applicant] Date signed ljenms ngacL•rroy . 1C t 1-7 Cqw4ture [Agent] Print Name [Agent) Date signed BK: 9879 PG: 120 10/25/2013 DEED Image: 2 of 6 S THIS INDENTURE, made thel�day of October, 2013. $etween STEPHEN P. LaFLEHE and CARYN K. LaFLECHE, his wife, residing at 12 Berkshire Drive, Clifton Park,New 'York 12065, parties of the first part, and f STEPHEN P. LaFLEHE and CARYN K. LaFLEHE, his wife, residing at 12 Berkshire Drive, Clifton Park,New York 12065, as terimts in common,parties of the second pert; '4'4xY'T ES ETH that the parties of the first part, in consideration of ONE and 001100 DOLLAR($1.00) lawful money of the [united States, and other good and valuable consideration paid by the parties of the second part, do hereby grant and release unto the parties of the second part,tht-ir heirs, successors and assigns forever, all ALL THAT PIECE OR PARCEL known as 12 Waters Edge Drive, in the Town of Queensbury, County of Warren, State of New York,more £i.illy described as set forth on Schedule attached hereto, BEING THE SAME PREMISES conveyed to Stephen P. LaFleche.and Caryn K. LaFleche by Deed dated the 2e day of August, 2008 and duly recorded in the Warren County Clerk's Office on August 29, 2008 in Liber 3626 of Deeds at Page 297, as Document Number, 00007462. TOGETHER vyith the appurtenances and all the estate and rights of the parties of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted oto the parties of the second part, their heirs, successors and assigns forever. AND the parties of the first part covenant as follows: 1FER T, That the parties of the se=lad part shall quietly enjoy the said premises; SECOND, That the parties of the first part will forever WARRANT the title to said premises, TIURD, That, in Compliance with Sec. 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 irnprovement before using any part of the total of the sarne for any other purpose. K: 4879 PG: 120 10!25/2013 DEED Image: 3 of 6 IN WITNESS WHEREOF,the parties of the first part have duly executed this deed the day and}year first above written. IN PRESENCE OF Aig�kk STEPHEN P. LaFLECRE ARYN K. LaFLECHE STATE OF NEW YORK ) ss.: COUNTY OF SARATOGA } On this i-5�clay of October, 2013, before me personally appeared STEPHEN P. LaFLECHE, personally known to me or proved to me on the basis of satisfactory eviderice to be the individual whose names is subscribed to the within instrwmorit and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature ost the instrument, the individual or the person upon behalf of which ft- individual acted, executed the instrwnent. - 6-�� Notary Public Notary PLIG!'C. c':;« V !;s-n York STATE OF NEW YORK Ss.- COUNTY TY F SARATOGA ) On this day of October,2013, bel`oze me personally appeared CARYN K. LaFLECHE, personally known to me oT proved to me on the basis Df satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by hisfkter signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public Record and Return To: Yolk Richard D. Lntrt , r..r'3q. n' SI'y�. ?;i ' � Y McNamee, Lochner, Titus &. Williams, P.C. P.O. Box 459 Albany,Nrw York 12201-0459 MES11325 B.K: 487 PG: 120 1012512013 DEED image: 4 of 6 s CREDULE "A" ALL THAT CERTAIN FMCE OR PARCIEL OF LAND conveyed by Alice My Moynihan, as Bxzwtrix of the Last WiU and Testament of Gordan T. Moynihan, deceased, to J. Philip ]Moynihan, dated May 1, 1382 and recorded in the Wmen County CleA's Office on November 20, 1985, in Bask 676 of Deeds at page 653, amd correction dem fm m Aline M. Moynihan, as Executrix of the Last Will and Testament of Uordorx T. Maynilaan to T. Philip Moynihan dazed June 24, 1988 and recorded in the a ansa County Clerk's Office on July 7, 1988 in Book 715 of Deeds at Page 13, SAID PREMISES being bounded and described as follows, "ALL THAT TRACT OR PARCEL OF LAND,situate intht Town of uoerssbury, County of Warren, S(etc of New YDrk,on what wes formerly known as Cmwy Point,now known as Ripley's Point and on the west shore of anWQrmer'a Bay,a part of Lake George,bounded and described as follows: Bounded on the north by the -waters of Lake George; an the east and south by premises reputed to be awned b Fritz Helmbold,formerly owned byL.May-Hoyt;and on the west by lands reputed to be owned by Arthur E. Seeley and lands reputed to be owned by Peter L.Brex and Mazy L.Br,-x;together with the right, title and interest of the part of the first part in and to a right of way from said premises to the highway leading from Glens Falls to what was formerly known as Crates Landing near the present residence of said Arthur E.8 eeley,as more particularly described in a deed between Arthus E.Saeley and wife,Peter L.Brex and wife,and Sylvia H. Smith,dater]Aug ast 17, 1926,and recorded August 21, 1926, in Warren County Clerk's Offi`ke in Book 169 of Deeds at page 310; subj ect to any rights which the New `fork Telephone Company may Dave to construct and maintain a telephone line across and over the prernises hemby conveyed. The above described and herein conveyed pramises ass also described as fellows: Beginning at an iron pipe monument set on the wast shore of the lake, marking the northwesterly corner of a lot of 1 and conveyed by Sylvia H. Smith to L. May Hoyt, by deed dawd July 1, 1936,recorded fn Book 202 at page 303, and running thence south 58° 15' west along the westerly line of said Hoyt lot 175.50 feet to an iron pipe at the southwesterly corner ofsa d Hoyt lot and in the easterly line of an 18 foot right of way;n=i g thence north 25' 19'east alot;g the easterly lino:of said right of way 62.15 feet to an iron pipe monument marking the southe.asterly corner of a lot conveyed by Arthur 1-.-Seeley ami]wife to peter l„Brex by decd dated August 17, 1926,recorded in Bonk 169 at page 310;running theuce north 3 l°00'east along the eas liy line of said Brex lot 100.00 feet to the southeast^orner of the concrete seaway built along the lake shorn in front of said Brex lot,said corner of said waIl being north 55°05'west a distance of 87.0 feat from the place of beginning, running thence easterly or southeasterly along the shore of the lake at high water mark, as the same winds and turns,about 90 feet to the place of beginning;being a triangular lot containing 7300 square fact of land; also the use in common with other grantees of Sylvia H. Smith and her heirs and precedirig owners,of an 18 foot right of way leading to the public highway, AI SO,ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate,lying and being in the Town of Queensbury, Warna Coumty,New York,more particularly bounded and describes as follows: BK: 4679 PG: 120 10/25/2013 DEED Image : 5 of 6 t BEGINNING at an iron rod set in tbt ground in the southeasterly bounds of the lands of J. Philip lvMoyr a ham and the northwesterly bounds of the lands of the parties of the first part herein distant 91.09 feet at abea g ofNortb 58°47'East,measuring along same,from an irons pipe found in the,ground at the common corner of the lands of the parties herein in the cast,erly bounds of an 18 feat wide right-of-way,nnining from thence North 5 8"47'East along the said boundary fine,36-29 feet to an iron rod set in the ground; thence South 34° 55' West, 6.59 feet to an iron rod set in the ground; thence South 63° 48' 30" Vest,3 0.3 8 feet to the paint and glace ofbegiziimg. BEING aportion of the premises convgW.from Alice M.Moynihan.as Executrix efthe Last Will and'fcstam f.M of Gordon T.Wynif n,deceased to J.Philip Moynihanby decd dated June 24, 1985, and recorded in the Warren County Clerk's Office on July 7, 1988 in Book 715 of Deeds at Page 13, ALSO BEING apartion of the premises conveyed from G.Thomas Moyniban,Jr,,J.Philip l eyWhan, both iadividuay and ass Trustees under the Last Will and T'estammt of Gordon T. Moynihan.deceawd'and Alice M.Moynihan to S.Philip Moynihan by quit claim deed dated March, 2, 1990,and moosded in the Warren County Clerk's Office on March 26, 19 90 in Book 788 of Deeds at Page 24, EXCEPTING AND RESERVING ALL THOSE CERTAIN FREPMSES heretnforc conveyed to Roland C. Whiteman and Isabel R. Whiteman,his We,by deed dated May 28, 1951, and recorded in the Warren County Clerk's Office on same date in Libor 299 of]deeds at page 340 and therein described as follows: B1- EqNIlNQ at a paint on the westerly edge of the common right of way,so-called, and which runs from the premises ofthc parties of the second part herein on the westerly shore of VanWormer Bay, Lake Gewge, and which runs southerly and westerly to the highway runn ig in a general easterly and w" ly dire on from a dead end on the westerly sh(nc of VanWormez Bay to the highway and right of way ung from Sheldon Point northerly and southerly and westerly and connecting with the highway running north and south; canning from Route 9�L to Cleverdale on Ripley's Point,and which point of beginning is above fifty-five(55)feet soutberly of the south line of a pt-ivate right of way,now ownod by one Scott, and nmr ing westerly from said common right of way towards the old S oelye H omeswad,the point of measurement being the)unction of the south line of said private right of way and the westerly line of the common ri ght of way above described;thence westerly t a stat dr'ven in the ground near cld.grapc arbor filly (50)feat; then=northerly at right angles iifty-eve{5 ) feet to a stake driven in th6 ground iaw�r a small evergreen tree and near or est rhe soiilherly I ine of Scott's private right of way;thence cartery fifty(50) feet, along the southerly edge of said Scott's private right of way to the point where the southerly edge of Scott's private right of way meets tb a westerly edge of the common right of way about referred to,and tl=cc southerly along the westerly edge of the co moa 6gbt of way fifty-five (55)feet more or leas to tM place of beginning. It being the itxtention of this instrument to nonvey to the grantees herein a.vacant lot of land substantially fifty (5 0) feet cast and west, and fifty-five (55) feet north and south, adjoining the westerly edge of the so-called common right of way, and which is substantinlly west of the premisos of Onc Hembold, situate on She easterly side of said common right of way, and is separated by Said common right of way from said premises of Hembeld,and all of which lot of t=d is situated in the Town of Queensbury,County of Warren,and tit*"u the westerly side ofVan.Wormer 13ay, and it being the intention also of the grantor herein Bit: 4879 PC: 120 1012512013 DEED Image: 6 of 6 to Frant and conf=to the grantees,their heirs and assigns,the right to pass and repass for vehicles gad pedestrians on and over said common right of way,and to use the same in connection with the lot of land above described." LJ .i r ' �I t ii.