Application TOWN OF QUEENSBURY
742 Bay Road, Quee:rs�riry, NY_ 32804-5902
March 28,2017
Charles Marshall
Stewart's Shops Corp.
P.O. Boit 435
Saratoga Springs,NY 12 866
lie- New Stewart's Shop
Midge Road and Route 149
Tax Map Parcel: 216.03-1-11
Dear Mr. Marshall:
I am writing you with regards to my review of the above-referenced project and to document the
recent conversations between you and Laura Moore of my office.
Upon my review I find that your proposal will require an Area Variance and Site Plan Review
prior to the commencement of the project. Specifically, an Area Variance is required as your plan
offers construction of a gas island canopy that will not meet the minimum setback requirement.
Site Plan Review is required for the new building and fnr the associated site improvements.
I understand that you have compiled or may be compiling the necessary application. This letter
serves as the required denial letter for the processing of your application package. Please note
our established submittal deadlines when completing your application papers.
Should you have any questions or comments regarding your application, please do not hesitate to
contact this office.
Since ly;
C��o
Craig Brown
Zoning Administrator
CB{sh
L ACraig Browm12017 Letrer5lDeaial StekwaTfs 3�28_I7,doc
" Hunov of Nfrtu ral Sea ?rty ,_. A Good Place to Live "
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t. TOWN OF QUEENSBURY
/"' 742 Bay Road, Queensbury, NY. 12804-5902
March 28, 2017
Charles Marshall
Stewart's Shops Corp.
P.O.Box 435
— Saratoga Springs,NY 12866
Re: New Stewart's Shop
Ridge Road and Route 149
Tax Map Parcel: 266.03-1-11
Dear Mr.Marshall:
I am writing you with regards to my review of the above-referenced project and to document the
recent conversations between you and Laura Moore of my office.
Upon my review I find that your proposal will require an Area Variance and Site Plan Review
prior to the commencement of the project. Specifically, an Area Variance is required as your plan
offers construction of a gas island canopy that will not meet the minimum setback requirement.
Site Plan Review is required for the new building and for the associated site improvements.
I understand that you have compiled or may be compiling the necessary application. This letter
serves as the required denial letter for the processing of your application package. Please note
our established submittal deadlines when completing your application papers.
Should you have any questions or comments regarding your application, please do not hesitate to
contact this office.
Sincer ly,
Craig Brown
Zoning Administrator
CB/sh
L:\Craig Brown\2017 Letters\Denial Stewart's 3 28 17.doc
" Home of Natural Beauty ... A Good Place to Live "
•
MAR 15 2G17
TOWN OF QUEENSBURY
ZONING OFFICE
Stewart's Redevelopment
Routes 149 and 9L (Ridge Road)
Project Narrative and Adherence to Comprehensive Plan
Stewart's Shops is submitting an application for the redevelopment at its existing shop at the corner of State
Route 149 and 9L(Ridge Road). The current store is 2,972 square feet and the existing fuel canopy 900 square
feet housing four fueling positions. The proposed redevelopment will have a 3,816 square foot store with a
3,224 square foot fueling canopy that will house eight fueling positions. The site is being redeveloped as the
current offerings in surrounding stores exceed what can be offered in the small footprint store. In addition,the
use of this facility during the tourist season and for those individuals with boats or trailers in tow require
reorientation of the fueling positions to adequately meet the needs of this customer. The proposed store will
maintain the two customer access bathrooms currently offered but both will become handicap accessible.
The proposed redevelopment adheres to the 2007 Comprehensive Plan particularly page 9 where the discussion
focuses protecting natural resources while developing economic goals in accordance with adopted land use
plans and improving architectural design standards. This site was previously developed in accordance with
Neighborhood Commercial bulk requirement in 1989 and subsequent area variance in 2003 which both predated
the adoption of the 2007 plan. However, the new architectural offering of the Hardie Board with stone veneer
and gable roof is more in tune with architecture of the rural nature of the surrounding community.
Redeveloping sites limits the disturbance to native grounds and the work is being done"as of right" with the
exception of the setback relief being sought.
ZAv ?h ( 7
General Information
Tax Parcel ID Number: 266.03-1-11
i6D?
Zoning District: Neighborhood Commercial 6L ?r)
clMNOFC�ilrr-h;c; (IRvlCCDc)-
Detailed Description of Project [includes current&proposed use]:
Currently a 2,972 square foot Stewart's Shop with four fueling position is located on the Sitr and upon
granting of these two area variances a new 3,816 square foot Stewart's with eight fueling positions will
be constructed
Location of project:
The northwest corner of Route 149 and Ridge Road (9L)
Applicant Name: Stewart's Shops Corp. Address: P.O.Box 435,Saratoga Springs,NY
(Chris Potter) 12866
Home Phone Cell:
(518)301-1466
Work Phone Fax
(518) 581-1201 EXT4246
(518)581-1209
E-Mail:
cpotter@stewartsshops.com
Agent's Name: Same as Applicant Address:
Home Phone Cell:
Work Phone Fax
E-mail
Owner's Name Address
Same as Applicant
Home Phone Cell
Work Phone Fax
E-mail
1
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238
•
Site Development Data
Area/Type Existing sq.ft. Proposed Total sq. ft.
Addition sq.ft.
A. Building footprint 2,972 844 3,816
B. Detached Garage
C. Accessory Structure(s) 900 2,324 3,224
D. Paved, gravel or other hard surfaced area
E. Porches/ Decks
F. Other 24,001 5,931 29,932
G. Total Non-Permeable [Add A-F]
29,622 44,352
H. Parcel Area [43,560 sq. ft. /acre]
74,851 74,851
I. Percentage of Impermeable Area of Site [I=G/H] 0.39 0.59
Setback Requirements
Area Required Existing Proposed.
Front[1] 75 145
Building
Front[2] 75 44
Gas Canopy
Shoreline
Side Yard [1] 40/20 81/39
Building (east/west)
Side Yard [2] 40/20 27/54
Gas Canopy(east/west)
Rear Yard [1] 15 101
Building
Rear Yard [2] 15
205
Travel Corridor
Height [max] 30 23
Permeability
No. of parking spaces 26
29
2
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804.518-761-8238
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? No
2. If the parcel has previous approvals, list application number(s): 35-1989 and 18-2003
3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program?
X Yes No
4. Estimated project duration: Start Date 7/24/17 End Date 11/31/17
5. Estimated total cost of project: $1,500,000
6. Total area of land disturbance for project: 42,603
Floor Area Ratio Worksheet
FLOOR AREA RATIO (FAR) --The relationship of building size to lot size, derived by dividing the total building
floor area by the lot size in square feet, yielding a percentage.
Zoning,District Symbol Floor Area Ratio [FAR]
Waterfront Residential WR 0.22
Commercial Moderate/Commercial Intensive CM/ CI 0.3
Main Street MS 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").
B. 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.
A. Parcel Area 74,581 sq. ft.
B. Existing Floor Area 3,8/2 sq. ft. [see above definition]
C. Proposed Additional Floor Area 3,168 sq. ft.
D. Proposed Total Floor Area 7,040 sq. ft.
E. Total Allowable Floor Area 22,374 (Area x ) [see above table]
*if E is larger than D, a variance or revisions to your plan may be needed. Please consult
wlStaff.
3
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238
Compliance with Zoning Ordinance
Requesting relief from SECTION: Section 179-4-030
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply] N Setback 0 Buffer Zone 0 Lot Width 0 Other
The following questions reflect the criteria for granting this type of variance. Please complete them; use additional
sheets if needed.
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby property will be created by the granting of this area variance?
Granting these variances would not create an undesirable change in the neighborhood because
the site is an improvement of an existing facility that is more non-compiant than the proposed
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?
3. Whether the requested area variance is substantial?
Gas Canopy- Front Yard Setback Required 75ft provided 44ft= 59% of variance is achieved not substantial
Gas Canopy- Side Yard Serback Required 40ft provided 27 ft= 67.5% of variance is achieved so not
substantial
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
Because the existing site is out of compliane the proposed site is a positive change on the
environment.
5. Whether the alleged difficulty was self-created?
Redevelopment of the site is self-created
4
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238
Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall
include the items as noted below.
A. GENERAL SHEET#
1 Title, Name,Address of applicant&person responsible for preparation of drawing All
2 Deed Attached
3 North arrow,Tax Map ID,date prepared and scale[minimum 11n.=40 ft.] All
4 Boundaries of the property plotted to scale,zoning boundary S-1
5 Principal structures, accessory structures with exterior dimensions S-2
6 Site improvements incl.outdoor storage areas,driveways,parking areas,etc.: existing&proposed S-2, S-5
7 Setbacks for all structures and improvements: existing&proposed S-2
8 Elevations and floor plans of all proposed and affected structures T-1
B. WATER&SEWER SHEET#
1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms
proposed
2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site S-2
water supply and septic
3 Separation distances for proposed sewage disposal system to well and water bodies -
4 Existing public or private water supply[well, lake,etc.]. Method of securing public or private water, location,
design and construction of water supply including daily water usage S-2
5 Percolation test location and results 5' _ t{
C. PARKING 1 PERMEABLE.AREAS SHEET#
1 Number of spaces required for project including calculations and justification: existing&proposed S-2
2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material
S-2
[e.g.,gravel,paved]
3 Provision for pedestrian and handicap access and parking: existing&proposed S-2
4 Design details of ingress,egress,loading areas and cutting: existing&proposed S-2
5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to
remain undisturbed S-5
6 Lighting, location and design of all existing and proposed outdoor lighting
D. ADDITIONAL SITE DEVELOPMENT;AND MISCELLANEOUS SHEET#
1 On-site&adjacent watercourses,streams,rivers,lake and wetlands N/A
2 Utility/energy distribution system[gas,electric,solar,telephone]: existing&proposed N/A
3 Location, design and construction details of all existing and proposed site improvements including: drains,
culverts,retaining walls,fences,fire&emergency zones and hydrants,etc. S-2
4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: S-2
existing&proposed
e Signage: Location,size,type,design and setback: existing&proposed S-2
f Waiver Request: provide letter with application requesting any waivers: please reference specific items
g Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading 5-y 5-5-5...c.
&Lighting Plans
5—?
h Identification of Federal, State or County permits required for the project together with a record of application SEQRA
for all necessary permits
5
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury,NY 12804.518-761-8238
JL9L'-1 `l it
�
Pre-Submission Conference Form [179-4-0401t': 4.� r r
1. Tax Map ID G1 C', g---t -- i I of 7---) S4--,. 1-c__ i :•::.-A C__
2. Zoning Classification ("1 6—
,
---
3. Reason for Review: ' r P{.rctuw\ . U-O SLI, tt,t S('ci ..- (10,0,), (0e4c..e..0-ziN _
4. Zoning Section#: l 7 C- �- is k{ 04 t 7 ti-44 -:��0eire] I IVt j.pos i cl)t..
5. Pre-Submission Meeting Notes; Outstanding Items rTo Be Addressed Inclu e: + ,,)
Deed G/Yes No cL n1Vt- (l�iC.!f�t1(C;-
General Information complete - Yes No
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Site Development Data Complete 1/Yes No
Setback Requirements Complete — Yes No i
Additional Project Information Complete vYes No bC 1,-C lreS
i-eei
FAR addressed alk es No
Compliance with Zoning Ordinance . Yes No
Checklist items addressed Yes No
Environmental Form completed i14 YesNo
Signature Page completed • Yes No
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Applicant/Agent
Date: :2>L312-°\--)
Area Variance Revised March 2014 6
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury,NY 12804•518-751.8238
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
Stewarts Shops Corp.
Name of Action or Project:
Stewart's Shops Redevelopment-149 and 9L
Project Location(describe,and attach a location map):
977 State Route 149
Brief Description of Proposed Action:
The proposed action seeks to replace an existing 2,972 square foot Stewart's Shop(convenience store with gas)that has four fueling positions
with a 3,816 square foot Stewart's Shop and eight fueling positions.
Name of Applicant or Sponsor: Telephone: (518)581-1201 ext 4246
Stewart's Shops Corp. E-Mail: cpotter@stewartsshops.com
Address:
P.O.Box 435
City/PO: State: Zip Code:
Saratoga Springs New York 12866
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:
New York State Department of Transportation-Highway Work Permit El
❑I
Town of Queensbury Panning Board-Site Plan and ZBA for Area Relief
3.a.Total acreage of the site of the proposed action? 1.72 acres
b.Total acreage to be physically disturbed? 0.98 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 1.72 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban m Rural(non-agriculture) ❑Industrial m Commercial ['Residential(suburban)
❑Forest ❑Agriculture ❑Aquatic ❑Other(specify):
❑Parkland
Page 1 of 3
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? ❑ ❑✓ ❑
b.Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? ❑ ❑✓
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: El ❑
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
❑✓ ❑
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? ❑
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: ❑ ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: ❑ ✓
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: ✓❑ ❑
On site 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?
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? ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? I
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: u I ,
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑Shoreline 0 Forest 0 Agricultural/grasslands ❑Early mid-successional
0 Wetland 0 Urban ❑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? ✓ n
16.Is the project site located in the 100 year flood plain? NO YES
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, n n
a.Will storm water discharges flow to adjacent properties? m NO ❑YES
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: ❑NO OYES
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: ❑
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: ❑
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?
If Yes,describe: ❑ ❑✓
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponso " Ale e: r'S 5,'t 'S (02/' Date: ,007
Signature: �._'
PRINT FORM Page 3 of 3
EAF Mapper Summary Report Tuesday, February 21, 2017 2:06 PM
Disclaimer: The EAF Mapper is a screening tool intended to assist
l I project sponsors and reviewing agencies in preparing an environmental
1 266 4-1-1 assessment form(EAF).Not all questions asked in the EAF are
I I answered by the EAF Mapper.Additional information on any EAF
I
L.---•- question can be obtained by consulting the EAF Workbooks. Although
I the EAF Mapper provides the most up-to-date digital data available to
1 ----, \ DEC,you may also need to contact local or other data sources in order
266.3-1-76 to obtain data notprovided bythe Mapper.Digital data is not a
766.3 T-8 � ; j PP 9
t substitute for agency determinations.
7ii 1
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Part 1 /Question 7 [Critical Environmental No
Area]
Part 1 /Question 12a [National Register of No
Historic Places]
Part 1 /Question 12b [Archeological Sites] No
Part 1 /Question 13a [Wetlands or Other No
Regulated Waterbodies]
Part 1 /Question 15 [Threatened or No
Endangered Animal]
Part 1 /Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
Part 1 /Question 20 [Remediation Site] Yes
Short Environmental Assessment Form - EAF Mapper Summary Report 1
Signature Page
This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site
Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentation
required.
OWNER'S AGENT FORM:
Complete the following if the OWNER of the property is not the same as the applicant
Owner:
Designates:
As agent regarding: Variance Site Plan Subdivision
For Tax Map No.: Section Block Lot
Deed Reference: Book Page Date
OWNER SIGNATURE: DATE:
APPLICANT'S AGENT FORM:
Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party:
Owner:
Designates:
As agent regarding: Variance Site Plan Subdivision
For Tax Map No.: Section Block Lot
Deed Reference: Book Page Date
APPLICANT SIGNATURE: DATE:
2.) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design,
storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged
directly to the applicant. Fees for engineering review will not exceed$1,000 without notification to the applicant.
3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner,
Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject
properties for the purpose of reviewing the application submitted.
4.) OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval
by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits.
5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated
stenographer tape record the proceedings of meetings resulting from application,and minutes transcribed from those tapes constitutes
the official record of all proceedings.
6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the
instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced
prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete
statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the
approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed,I or my
agents,will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as-built survey by
a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy
I have read and agree to the above.
Signature [Applicant] Print Name [Applicant] Dace si gned
[ pP l
Signature [Agent] Print Name [Agent] Date signed
7
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238
•
1
U.S.Interna•
l p 033—Warranty deed:full Oa'"tants:ind.orcorp. • a JULIUL ,LUMBIIRG,INC.,LAW BLANK PUBLISH
.,•,;t,,,�.,,. •�
9O E7CCHANG6 I L.AT BROADWAY, N.Y.C. IC
evenue.$tamps . •• 003711
11 • \ .
Afllxea
lb,� � d�
e Tilts
1Ettjijitt:ixrr made June 16 , 19 89
attlItUrt
•
MADELINE DRISCOLL, residing at 355 RD #4 ,
Corinth Road , Apartment B , Queensbury , New
York 12804, -
1~
party of the first part, and ' 1
STEWART' S ICE CREAM CO: , INC. , a domestic corporation
with its principal place of business at Route 9 , Malta ,
and having a mailing address of P . O. Box 4.35 , Saratoga
Springs , New York 12866 ,
party of the second part.,
U!i iturgorfl that the party of the first part, in consideration of
ONE Dollars ($ 1 . 00 )
lawful money of the United States, 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, •
the heirs or successors and assigns of the party of the second part forever,'zl
•
SEE SCHEDULE "A" ATTACHED HERETO. •
• •
•
WARREN 1
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allgailTIC with the appurtenances and all the estate and rights of the party of the first part in and
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to said premises,
Off Matti Mitt In I),Rt h the premises herein granted unto the party of the second part, the heirs
(.41 or successors and assigns of the party of the second part forever.
.Ztk the party of the first part covenants as follows:
Stra, That the party of the first part is seized of the said premises in fee simple, and has good
right to convey the same;
g. IdI, That the party of the second part shall quietly enjoy the said premises;
(�P 1 tril, That the premises are free from incumbrances, except as aforesaid,
Iuurtt That the party of the first part will execute or procure any further necessary assurance
of the title to said premises;
gittilr, That the party of the first part will forever I'Hi arrant the title to said premises;
'i3t11, the party of the first part, in compliance. with Section 13 of the Lien Law, covenants that
the party of the first part 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 word "party" shall be construed as if it read "parties" whenever the sense of this indenture
so requires.
3n Wititerifi Wilfred, the party of the first part has duly executed this deed the day and year
first above written.
In Presence of L-Aee- -A- r6t-e-- --- IL. s. t
MADELINE DRISCOLL k_.-,_.0
f L.s. t
i L. s. t
STATE OF NEW YORK, COUNTY OF ss.:
On 19 , before me per- STATE OF NEW YORK, COUNTY OF WAR R E N
ss.:
sonally came to me known, ,7 u n e 16 1�9 before me per-
resides
being by me duly sworn, did depose and say that deponent On P
resides at No. sonally came
deponent is of MADELINE DRISCOLL
the corporation described in and which
executed, the foregoing instrument; deponent knows the seal of
said corporation; that the seal affixed to said instrument is such to me known to t e individual 1escribed in, and yho exe-
corporate seal; that it was so affixed by order of the Board of.
Directors of said corporation; deponent signed deponent's name outed the fuelling i strument, ,it...a fiowled,; d tha S he
thereto by like order, executed the same.
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SCHEDULE "A"
fi
09
ALL THAT TRACT OR PARCEL OF LAND situate on the north side
of New York State Route 149 and west side of Ridge Road, Town of
Queensbury, Warren County, State of New York and being more
particularly bounded and described as follows:
i
BEGINNING at an iron pipe on the west boundary of Ridge Road
at the northeast corner of the herein described parcel, said point also
being the southeast corner of Queensbury Country Club, thence from
said point of beginning; S. 00-49'-30" W. 349.13' along Ridge Road
(New York State Route 9L) to a point, thence; S. 89-15'-15" W.
189.27' thence the following three courses through the lands of
Driscoll and Welch; N. 00-14'-30" W. 172.37' to an iron pipe, thence;
S. 88-00'-00" W. 69.63' to an iron pipe, thence; N. 00-14'-30" W.
172.36' to an iron pipe on the south boundary of the Queensbury
County Club; N. 88-00'-00" E. 265.48' to the point and place of
beginning.
SUBJECT to easements and rights-of-way of record. Said parcel
containing 1.809 plus or minus acres.
BEING the same premises conveyed from Clarence J. McDonough,
III and Marianne M. McDonough to Cathryne A. Welch and Veronica
M. Driscoll by deed dated February 12, 1977 and recorded in the
Warren County Clerk's Office on February 24, 1977 in Liber 603 of
Deeds at Page 649.
'EL.
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WAR, (Mr
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CAR'ft. A.; G,dRie
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