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Application ii ft TOWN OF Q UIEENSBLIRY 742 Bay Road, Queensbury, NY. 12804-5902 April 12, 2017 Daniel& Denise Abell 474 Sherman Avenue Queensbury,NY 12804 Re: Residential Addition 474 Sherman Avenue Tax Map Parcel: 308.8-1-5 Dear Mr.&Mrs.Abell: I am writing you with regards to my review of the above-referenced project and to document the recent conversations between your agent;Jacquelyn White and Laura Moore of my office. Upon my review I find that your proposal will require Area Variance approval prior to the commencement of the project. Specifically, an Area Variance is required as your plan offers construction of a residential addition that does not meet the setback requirements of the Moderate Density Residential;(MDR)district. I understand that you 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. Sincerely, d4— Craig Brown Zoning Administrator CB/sh L:\Craig l3rown12017 Letters\Denial Abell 4_12_17.doc " Home of Natural Beauty ... A Good Place to Live " MILLER, MANNIX, SCHACHNER & HAFNER, LLC ATTORNEYS AT LAW 15 WEST NOTRE DAME STREET GLENS FALLS,NEW YORK 12801 Mark Schachner Telephone: (518)793-6611 John W.Miller(1908-1968) Robert H. Hafner Facsimile: (518)793-6690 John C.Mannix(1931-2006) Leah Everhart Jacquelyn P.White Thomas W.Peterson 49 BURLINGTON AVE.,2ND FLOOR Toll Free: 1-800-421-6166 Justin M.Grassi PO BOX 578 ROUND LAKE,NEW YORK 12151 Telephone: (518)899-1518 Web Site: millermannix.com Michael J. Hill,Of Counsel Facsimile: (518)899-1561 E-Mail:jwhite@mmshlaw.com April 24, 2017 RECEIVED Zoning Board of Appeals APR 2 6 2017 Town of Queensbury TOWN OF QUEENSBURY 742 Bay Road ZONING OFFICE Queensbury, New York 12804 Re: Area Variance Application — Daniel and Denise Abell Dear ZBA Members: As requested by the Town Planner, we enclose 15 copies of a revised page 2 of the Abell Area Variance Application entitled "Site Development Data". It has been revised to reflect the existing setback distances as shown on the Survey. The original "Site Development Data" was completed before the Survey was finished. We understand that our Application is complete and look forward to appearing at your upcoming May Meeting. Thank you. Very truly yours, MILLER, MANNIX, SCHACHNER & HAFNER, LLC qttE 1,y0. -CC /acquelyn P. White Enols. cc: Daniel and Denise Abell N:\Clients\ABELL,Daniel&Denise'Area Variance\ZBA.docx 3 / / 7 7 MILLER, IVIANNIX, SCHACHNER & HAFNER, LLC ATTORNEYS AT LAW 15 WEST NOTRE DAME STREET GLENS FALLS,NEW YORK 12801 Mark Schachner Telephone: (518)793-6611 John W.Miller(1908-1968) Robert H.Hafner Facsimile: (518)793-6690 John C.Mannix(1931-2006) Leah Everhart Jacquelyn P.White Thomas W. Peterson 49 BURLINGTON AVE.,2ND FLOOR Toll Free: 1-800421-6166 Justin M.Grassi PO BOX 578 ROUND LAKE,NEW YORK 12151 Telephone: (518)899-1518 Web Site: millermannix.com Michael J.Hill,Of Counsel Facsimile: (518)899-1561 E-Mail:jwhite@mmshlaw.com April 17, 2017 Zoning Board of Appeals HAND DELIVERED Town of Queensbury 742 Bay Road Queensbury, New York 12804 APE Re: Area Variance Application — Daniel and Denise Abell TOWN OF �� �� pp ZONING OFFICE Dear ZBA Members: We enclose for your consideration a completed, original Area Variance Application for property located at 474 Upper Sherman Avenue, together with 14 copies and the $50 Application fee. We represent the applicants/owners of the Property, Daniel and Denise Abell, and request that this matter be placed on the ZBA's May 17th Agenda and that the Public Hearing be scheduled for that date. Mr. and Mrs. Abell recently purchased the Property, which includes a single family residence. They intend to move to Queensbury and make this their home once their proposed renovation is finished. As you will see in the enclosed photographs, the roof is comprised of several separate portions and we understand that one area of the roof was even built on top of an older roof. The ways in which the various portions of the roof were constructed have created structural issues with the home and replacement of a portion of the roof is necessary. Mr. and Mrs. Abell propose removing this portion of the roof and replacing it with new trusses and roof covering. The home was built in 1950, well before the current Zoning Code was enacted. The structure lawfully exists in its current condition. It appears that the owners have vested rights that would allow them to replace the roof, including sub-roofing materials, without the need for an area variance, as there is no proposed extension to the structure on the side of the home adjacent to Burnt Hills Drive, which is the only side of the structure that does not meet PRINTED ON RECYCLED PAPER Zoning Board of Appeals Re: April 17, 2017 Re: Area Variance Application—Daniel and Denise Abell Page 2 of 2 current Zoning Code requirements. However, in the spirit of cooperation, the owners now submit this Application, of course, with this reservation of rights. We appreciate the ZBA's time and consideration of our Application. Our clients are excited to be improving this home and moving to Queensbury. We look forward to attending the ZBA Meeting and answering any questions that you may have. Thank you. Very truly yours, MILLER, MANNIX, SCHACHNER & HAFNER, LLC >/ la 11) A1 A acqu.. n P./ ite Encls. cc: Daniel and Denise Abell N:\Clients\ABELL,Daniel&Denise'Area Variance\ZBA.docx General Information Tax Parcel ID Number: 308.8-1-5 Zoning District: Moderate-density Residential (MDR) Detailed Description of Project [includes current&proposed use]: :- • . '• • 'Ir .6: - . ••' - '• -• - •- - 1 • . • • ' • •. •I . •u -• • . 14 '• • • I - •• Location of project: 474 Upper Sherman Avenue - corner of Upper Sherman Avenue and Burnt Hills Drive Applicant Name: Address: 474 Sherman Avenue, y Daniel and Denise Abell Queensbu_ Home Phone Cell: Work Phone Fax (518) 779-5519 E-Mail: dabe117545@aol.com Agent's Name: Jacquelyn P.White Address: 15 West Notre Dame street Miller,Mannix,Schachner&1 lam er,LLC Glens Falls,NY 12801 Home Phone Cell: Work Phone Fax (518) 793-6611 (518) 793-6690 E-mail jwhite@mmshlaw.com Owner's Name Daniel and Denise Abell Address Home Phone Cell Work Phone Fax E-mail Area Variance Revised March 2014 1 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. Additio I . ft. A. Building footprint ±1242 0 ±1242 B. Detached Garage C. Accessory Structure(s) plan to r ,, e 0 shed D. Paved, gravel or other hard surfaced area o ±880 E. Porches/Decks )r1/418446.10„. 0 0 IP ±140 F. Other 528 0 528 G. Total Non-Permeable [Add A- ] % 3174 2790 H. Parcel Area [' : I sq. ft. .cre] ±22,65 ±22,651.2 I. Percentag- of Imperm= • : of Si • [I=G/H] 12% Setback Requi men r- • - -quired E . ting Proposed to confirm) Upper . an Al cnue 30' >50' >50' ront[2] 30' ±19' ±19' IQ) Burnt Hills Drive Shoreline - Side Yard [1] x x x Side Yard [2] x x x Rear Yard [1] West". (closest to Upper Sherman) 30' ±73.40 ±89.4 Rear Yard [2] South , (closest to Burnt Hills) ±47.94 ±47.94 Travel Corridor x x Height [max] 40 14.4' 15.4' Permeability 75% 84% 88% No. of parking spaces 2 2 no change Area Variance Revised March 2014 2 Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804.518-761-8238 REVISED 4/24/2017 TO REFLECT SURVEY SETBACKS Site Development Data Area I Type Existing sq.ft. Proposed Totalsq.ft. Addition sq.ft. A. Building footprint ±1242 0 ±1242 B. Detached Garage C. Accessory Structure(s) 384 plan to remove 0 shed _ D. Paved, gravel or other hard surfaced area ±880 0 ±880 E. Porches/Decks ±140 0 ±140 F. Other 528 0 528 G. Total Non-Permeable [Add A-F] 3174 (384) 2790 H. Parcel Area [43,560 sq. ft. /acre] ±22,651.2 ±22,651.2 I. Percentage of Impermeable Area of Site [I=G/H] 16% I 12% Setback Requirements Area Required Existing Proposed Front[1] 30' ±60' (to structure being altered) ±60' Upper Sherman Avenue Front[2] 30' 24.3' 24.3' Burnt Hills Drive Shoreline Side Yard [1] x x x Side Yard [2] x x x Rear Yard[1] West (closest to Upper Sherman) 30' 55.5' ±71.5 Rear Yard [2] South . ±43.4' (closest to Burnt Hills) 3 ±44' Travel Corridor x x x Height [max] 40' 14.4' 15.4' Permeability 75% 84% 88% No. of parking spaces 2 2 no change RECEIVED Area Variance Revised March 2014 APR 2 6 2017 2 Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804-518oZ61.82388 I QUEENSBURY ZONING OFFICE Additional Proiect 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): No 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? Yes x No 4. Estimated project duration: Start Date 5/18/17 End Date 8/18/17 5. Estimated total cost of project: $19,500 6. Total area of for project: 1,360 ftz-roof area roof 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 sq. ft. B. Existing Floor Area sq. ft. [see above definition] C. Proposed Additional Floor Area sq. ft. D. Proposed Total Floor Area sq. ft. E. Total Allowable Floor Area (Area x ) [see above table] *if E is larger than D, a variance or revisions to your plan may be needed. Please consult w/Staff. 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: 4 179-3-040 - Dimensional Requirements for Zone Need relief from the requirement(s) listed below which can not be met by the project as proposed. [Check all that apply] ® 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? There will be no undesirable change to the character of the neighborhood or detriment to nearby properties. A single family residence will remain a single family residence 01 the same size. 1 he home will be updated and the proposed new roof will he more in-line with the character of the neighborhood. The proposed improvements will benefit nearby properties. 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? This home was built in 1950,prior to enactment of the Town Zoning Code. The proposed replacement of the roof is the only reason the Town is requiring an area variance. Replacement of the roof is necessary to rectify structural issues with the current roof(s). Roofs were added to the property since it was built,even over the top of one another,in a manner that has compromised the structure and replacement is necessary_ '!'here is no feasible alternative 3. Whether the requested area variance is substantial? The area variance is not substantial. The home has existed in its current location since 1950. An arca variance is only being required because the structure does not comply with the setback requirements under the Zoning Code enacted long alter the home s construction and a new roof is proposed to be installed. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? There will be no adverse impact on the physical or environmental conditions in the neighborhood. However,the proposed improvements will benefit the neighborhood by making the home more attractive and similar to other homes in the neighborhood. 5. Whether the alleged difficulty was self-created? The difficulty was not self created. The home lawfully exists in its current location. The Applicants are merely replacing the roof. The design of the proposed roof is different from the original roof,which consists of multiple roofs constructed at different times,to rectify design and structural issues. The proposed root will result in a visual appearance that is more attractive and similar to other homes in the neighborhood. Area Variance Revised March 2014 4 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 1 2 Deed I 3 North arrow,Tax Map ID,date prepared and scale[minimum 11n.=40 ft.] ZRx "� 4 Boundaries of the property plotted to scale,zoning boundary J. 5 Principal structures,accessory structures with exterior dimensions j 6 Site improvements incl.outdoor storage areas,driveways, parking areas,etc.: existing&proposed 7 Setbacks for all structures and improvements: existing&proposed 1 8 Elevations and floor plans of all proposed and affected structures B. WATER&SEWER SHEET# 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms hard dr iuwrr proposed map r x, 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site loCat1 011 GYl water supply and septic ctfikifignarx3 � +m 3 Separation distances for proposed sewage disposal system to well and water bodies s 4 Existing public or private water supply[well, lake, etc.]. Method of securing public or private water, location, N/A design and construction of water supply including daily water usage 5 Percolation test location and results N/A C. PARKING/PERMEABLE AREAS SHEET# 1 Number of spaces required for project including calculations and justification: existing&proposed N/A 2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material N/A [e.g.,gravel,paved] 3 Provision for pedestrian and handicap access and parking: existing&proposed N/A 4 Design details of ingress,egress,loading areas and cutting: existing&proposed N/A 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to N/A remain undisturbed 6 Lighting,location and design of all existing and proposed outdoor lighting N/A 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, N/A culverts, retaining walls,fences,fire&emergency zones and hydrants,etc. 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: N/A existing&proposed e Signage: Location, size,type,design and setback: existing&proposed N/A f Waiver Request provide letter with application requesting any waivers: please reference specific items N/A g Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading &Lighting Plans N/A h Identification of Federal, State or County permits required for the project together with a record of application N/A for all necessary permits 5 Area Variance Revised March 2014 Town of Queensbury•Zoning Office•742 Bay Road• Queensbury, NY 12804•518-761-8238 Pre-Submission Conference Form [179-4-0401 1. Tax Map ID 308.8-1-5 2. Zoning Classification Moderate-Density Residential 3. Reason for Review: Area Variance 4. Zoning Section#: 1 -7CI- -0(40 5. Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include: Deed Yes No General Information complete Yes No Site Development Data Complete ✓Yes No Setback Requirements Complete ✓ Yes No Additional Project Information Complete Yes No FAR addressed /VA Yes No Compliance with Zoning Ordinance 1/ Yes No Checklist items addressedYes 7No Environmental Form completed /in Yes No Signature Page completed Yes -7 No A C c Se ) C Ct C' ' 3(��^ Sc( f vort cA kOi A) i-ttc = , D 1 Xr� ,- L2 - �e-k- Rett cs ickse0 Ne e C k 5- r�A_ u r�r [4 c f tspr. —11-LC p ( so( ,-,r (LCI(O ('--1 1C o f ef S 6(/5I Sir I C eC► IV s /c(t y-rt. REwPGQ C,Q \(C L$/ G (A dry wt/1(4 AQ 2\1 CC.44- ()„, 'lore Q s,/ y OtovOt.41,7 d/J tc sir�s /- prOpec` A4 I+ n- t 0 ) 4-0 �� pcDLA Dr C1C-cc c3 1 c(th t+PMS (c * ttv1r G nK rec.�,�► sa f/c c (- pct _ CQ ct Staff Representative: r/ a (J1 it °- Applicant/Agent: ,;/,(/° Date: LVAta_ 6 Area Variance Revised March 2014 Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804 518-761-8238 Signature Page This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant Owner: Designates: As agent regarding: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date OWNER SIGNATURE: DATE: APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Daniel and Denise Abell Designates: Miller,Mannix, Schachner&Hafner, I.I.0 As agent regarding: x Variance Site Plan Subdivision For Tax Map No.: 308.8 Section 1 Block 5 Lot Deed Reference: 5525 Book 8 Page 3/I7/17Date APPLICANT SIGNATURE: DATE: 2.) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed$ 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 abo -. 6/t%Y) /4 lk- ' , ./A-V,1/�r/P/ g9(1 ,466z� Y—/�f—I / Signature Appli aa. PrintlName [ pplicant] Date signed 1, Al)l ,a !` S Jac c AA.E }'") P.0-i, / • Sign u e [A'•ent] Print Name [Agent] M-e yr- r D_to -gned ltilr l lei i W(a t-41-4xi ej-t tvA d , L L. c 7 Area Variance Revised March 2014 Town of Queensbury•Zoning Office•742 Bay Road-Queensbury, NY 12804•518-761-8238 WARREN COUNTY— STATE OF NEW YORK PA PAMELA J.VOGEL, COUNTY CLERK 1340 STATE ROUTE 9, LAKE GEORGE, NEW YORK 12845 + COUNTY CLERK'S RECORDING PAGE "-THIS PAGE IS PART OF THE DOCUMENT-DO NOT DETACH*" 1 1 I, ill 11111111 IN Recording : Cover Page 5.00 Recording Fee 30.00 Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - stat 4. 75 Additional Names 1.00 BOOK/PAGE: 5525 / 8 TP584 5.00 INSTRUMENT #: 2017-1748 RP5217 Residential/Agricu 116.00 RP5217 - County 9.00 Receipt#: 2017426687 Clerk: LB Sub Total : 186.00 Rec Date: 03/17/2017 02 :24: 39 PM Doc Grp: RP Transfer Tax Descrip: DEED Transfer Tax - State 488.00 Num Pgs: 3 Rec'd Frm: KENNEALLY & TARANTINO Sub Total : 488.00 Partyl: MARGISON DAVID Party2 : ABELL DANIEL W Total : 674.00 Town: QUEENSBURY **** NOTICE: THIS IS NOT A BILL **** ***** Transfer Tax ***** Transfer Tax #: 1791 Transfer Tax Consideration: 122000 .00 Transfer Tax - State 488.00 Total : 488.00 WARNING*** I hereby certify that the within and foregoing was recorded in the Warren County Clerk's Office, Record and Return To: State of New York. This sheet constitutes the Clerks endorsement required by Section 316 of the Real Property Law of the State of New York. MATTE & NENNINGER PC 444 GLEN ST Pamela J. Vogel GLENS FALLS , NY 12801 Warren County Clerk 273 2M WARRANTY DEED ore. 122,000 This Indenture, Made the 1 1'h day of March,Two Thousand Seventeen, Between DAVID MARGISON and ANTONELLA MARGISON,husband and wife,residing at 19 Quincy Lane,Queensbury,New York, 12804, Parties of the first part,and DANIEL W.ABELL and DENISE A.ABELL,husband and wife,residing at 1305 County Route 9,Fulton,New York, 13089,as tenants by the entirety, Party of the second part, Witnesseth, that the party of the first part, in consideration of One and 00/100 Dollar($1.00)lawful money of the United States,paid by the party of the second part, does hereby grant and release unto the party of the second part, his heirs, and assigns forever,all ALL those certain lots or parcels of land situate in the Town of Queensbury,County of Warren, State of New York,known and designated as Lots Nos. 3,4,and 5 on map of property of N. F. Ripley,West Glens Falls(Town of Queensbury),Warren County, New York,by C. H. Adams,said map filed in the Office of the Warren County Clerk August 5, 1947. This conveyance is made subject to any easements,covenants,restrictions and conditions of record. Being the same premises conveyed to Schworm Enterprises, Inc. DBA Signature Home Buyers by deed from Michael P. Rafferty dated July 31, 2013 and duly recorded in the Warren County Clerk's Office. Being the same premises conveyed to David Margison and Antonella Margison,husband and wife, from Schworm Enterprises,Inc.,DBA Signature Home Buyers by deed dated July 31, 2013 and filed in the Warren County Clerk's Office on August 22,2013,in Book 4836 of Deeds at Page 30. TOGETHER with all the right,title and interest,if any,of the parties of the first part in and to any streets and roads abutting the above-described premises,to the centerline thereof. TOGETHER with the appurtenances and all the estate and rights of the Grantors in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the Grantee of the second part,his successors,heirs and assigns forever. AND the Grantors covenants as follows: FIRST,that the Grantors are seized of the said premises in fee simple,and have good right to convey the same; SECOND,that the Grantee shall quietly enjoy the said premises; THIRD,that the Grantors will forever Warrant the title to said premises; FOURTH, that, in compliance with Sec. 13 of the Lien Law,the grantors will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. In Witness Whereof, The parties of the first part have hereunto set their hand and seal the day and year first above written. In Presence of ,/ z David Mrgison Antonella Ma 'son State of New York County of Warren )SS: On the 4 day of March, in the year Two Thousand Seventeen, before me, the undersigned, a Notary Public in and for said State, personally appeared David Margison, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. tom J Notary • blic ANGELA M.LAWSON State of New York ) NOTARY PUBLIC,STATE OF NEW YORK County of Warren )SS: Registration No.OILA6290258 Qualified Count7 • On the •\ day of March, in the year Two Thousand Seventeen, Commission� 2017n, bme, t a before undersigned, a Notary Public in and for said State, personally appeared Antonella Margison, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,and that by her signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. � t Notary blic Record and Return: ANGELA M.LAWSON NOTARY PUBLIC,STATE OF NEW YORL Matte&Nenninger,P.C. 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