Site Plan Review Application w/deed coENVIRONMENTAL DESIGN
PARTNERSHIP, LLP. 900 Route 146 Clifton Park,NY 12066
Shaping the physical environinent (P)518.371.7621 (F)518.371.9540 edpllp.com
September 15,2017
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
Attn. Stephen Traver, Planning Board Chairman
Attn: Steve Jackoski, Zoning Board of Appeals Chairman
Re: Area Variance and Site Plan Review Application Submission
Dunton— 18 Tall Timbers Road
Dear Mr. Traver:
Dear Mr. Jackoski:
Submitted for your distribution and review are 15 sets of the applicable Area Variance and Site Plan
Review application documents for the referenced project located off of Old Assembly Point Road (Tall
Timber Rd.). The subject property consists of a lawful nonconforming single-family residence
(shoreline setback)and a detached garagelbedroom structure on a 1.29 acre parcel. The proposed
project involves revisions/additions to both structures. Along with the improvements to the
residence structures will be a new replacement wastewater system employing an Enhanced Treatment
Unit(ETU)as well as a stormwater management system for the new impervious areas. I have attached
Project Descriptions and a Variance Request narrative herein a help better explain this proposal.
We will be seeking area variances for the expansion of the lawful, nonconforming residence which will
result in a shoreline setback of 46.5' (54.2' required). The 54.2'setback is derived from the average
setback from the adjoining properties. Note that the shoreline setback for the existing structure is 37.
The applicant is proposing an attached garage for safety and improved access to the residence. This
will result in the need for a variance to allow a second garage. All required application documents
including site plans, architectural plans, AV application, deed, survey and application fee have been
compiled in the AV package.
A wavier from Area Variance submittal requirements for non-residential items (square footage
building use breakdown,signage, fighting, etc) info is herein requested.
ENVIRONMENTAL DESIGN PARTNERSHIP, LLP 900 New York 1.46 Clifton Park,NY 12065
Shaping the pviysicai erivironment (P)518.371,7621 (F)518.371.9540 edpllp.com
Site Plan Review will be required as development will involve expansion of the nonconforming
residence which is within a CEA. All required application documents including site plans,
architectural plans, SPR application, a copy of the deed and survey and the application fee have been
compiled in the SPR package.
Thank you for your consideration and review of these applications and I look forward to presenting
these applications at the October meetings,
Sincerely,
Dennis MacElroy, PE
attachments
cc: Marylou &Robert Dunton
a
2 -
Dunton Residence
18 Tall Timbers Road
Project Description:
The proposed project involves site improvements and revisionsfadditions to
the existing residential structures located on a 1 .29 acre parcel in the
Waterfront Residential (WR) district along Lake George. As the project will
involve a significant renovation and addition to the primary residence,
Phase 1 of the project will involve improvements to the existing detached
Garage/bedroom building including the renovation of the existing living
space on the second floor of the existing garage. On a temporary basis
this existing bedroom space will be renovated to serve as a complete living
space with the addition of a full bathroom and kitchen facilities. This Phase
1 renovation will allow the Owners to reside onsite while Phase 2 of the
project is undertaken. Upon completion of the primary residence
renovation/addition and before a Certification of Occupancy is awarded, the
existing living space in the garage/bedroom structure will be converted
back to a living room/bedroom space only. All kitchen related components
(oven, full sized refrigerator, kitchen style countertops) shall be required to
be removed. Refer to the attached architectural drawings which provide
floor plans for the proposed temporary living space and a floor plan for the
space after being converted back to a non-kitchen space.
Phase 2 of the proposed project will involve the addition of new living area
and an attached garage to the existing primary residence. A replacement
wastewater system as detailed on the Utility plan will be constructed during
Phase 2. The stormwater management system will also be constructed
under Phase 2. Water supply will be from Lake George with a continuation
of the use of the existing supply piping.
General Information
Tax parcel ZD Number: 239.16-1-25
Zoning District: WR
Lot size: 1.29 acre
Detailed Description of project [includes current&proposed use]:
Site and residence improy-ctrionts to,include the addition of 22 it' o f rint r t n exi tin
residence. This addition area includes an attached garage to provide improved safety of access to the house. New wastewater and
stormwater management system are also proposed.
Location of project:
Applicant Name: Mary Lou&Robert Dunton Address: 18 Tall Timbers Rd.Lake George,NY
Home Phone 518 656-7031 Cell: 757 335-2477
Worts Phone Fax
E-Mail: mloudunton@msn.com
Agent's Name: Dennis Macl=troy Address: 4 Glens Falls Tech Park GF,NY 128
Horne Phone 518 792-8200 Cell: 518 376-4485
Work Phone Fax
518 761-0317
E-mail
dmacef roy@edpllp.corn
Owner's Name Address
same as applicant
Home Phone Cell
Work Phone Fax
E-mail
2
Site Plan Review application—Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
Site Development Data
Area/'Type Existing sq. ft. Proposed 'Total sq. ft.
Additions . ft.
A. Building footprint 786 2255 3041
B. Detached Garage 624 0 624
C. Accessory Structure(s) 0 0 0
D. Paved, gravel or other bard surfaced area 4993 -303 4690
E. Porches/Decks 393 491 884
F. Other 0 0 0
G. Total Non-Permeable [Add A-F] 6796 2443 9239
H. Parcel Area [43,560 sq. ft./acre] 56266 0 56266
I. Percentage of Impermeable Area of Site [I=GIH] 12.1% 4.3% 16.4%
Setback Requirements
Area Required Existing Proposed
Front[t] 30 433 (House) 396(House)
Front[2] 30 353 (Garage) 353 (Garage)
Shoreline 50 (*54.2 See plans) 38 38
Side Yard [1] 24 61 (N) 21 (N)
Side Yard [2] 20 33 (S) 22(S)
Rear Yard [1] 30 NIA NIA
Rear Yard [2] 30 NIA NIA
Travel Corridor NIA NIA NIA
Height [max] 28
Permeability 75% 87.8% 82.9%
No. of parking spaces 2 2 2+
3
Site Plan Review application—Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
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):
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System
(SPDES) PeiTnit Program ? no
4. Estimated project duration: Start Date Dec.2017 End Date Dec.2018
5. Estimated total cost of project: $400,000
6. Total area of land disturbance for project: 9660 sf
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/Intensive CMJ Cl 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 56,266 sq. ft.
B. Existing Floor Area 3323 sq. ft. [see above definition]
C. Proposed Additional Floor Area 4654 sq. ft.
D. Proposed Total Floor Area 7377 sq. ft.
E. Total Allowable Floor Area 12,378 (Area x �^ 22 ) [see above table]
*If D is larger than E. a variance or revisions to your plan may be needed. Consult with Staff
4
Site Plan Review application Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbiuy,NY 12804
§ 179-9-080 Requirements for Site Pian
The Planning Board shall not approve a Site Plan unless it first determines that such site plan meets the
following Standards. Please prepare responses to each of the following topics:
STANDARDS
A The proposed project furthers or is consistent with the policies of the Town's Comprehensive Plan.
B The proposed project complies with all other requirements of this Chapter,including the site plan review standards as set forth in Paragraph
F of this section,the dimensional,bulk and density regulations of the zoning district in which it is proposed to be located(Article 3 and
Table 1),the applicable requirements of all other Articles that apply.W a Q,0%** i
C. The site plan encourages pedestrian activity internally and,if practicable,to and from the site with pedestrian paths or sidewalks connected
to adjacent areas. -< -a
D The site plan must conform to Chapter 136 Sewage and Sewage Disposal,Chapter 147 Stormwater Management Local Law,and other
applicable local laws. -�
B The proposed use shall be in harmony with the general purpose or intent of this Chapter,specifically taking into account the location,
character and size of the proposed use and the description and purpose of the district in which such use is proposed,the nature and intensity
of the activities to be involved in or conducted in connection with the proposed use and the nature and rate of any increase in the burden on
supporting public services and facilities which will follow the approval of the proposed use,
F. The establishment, maintenance and operation of the proposed use will not create public hazards from traffic,traffic congestion or the
parking of vehicles and/or equipment or be otherwise detrimental to the health,safety or general welfare of persons residing or working in
the neighborhood or to the general welfare of the town. Traffic access and circulation,road intersections,road and driveway widths and
traffic controls will be adequate. *I(e5
G. Off-street parking and l9oading facilities will be appropriately located and arranged and sufficient to meet traffic anticipated to be generated
by the new use. The establishment of vehicle links between parking areas of adjacent properties are provided where feasible. This furthers
the Town's goal of reducing curb cuts and reducing congestion. A twenty-foot wide connection is required. If adjacent properties are either
undeveloped or previously developed without having made provision for future linkage,then a future connection must be identified and
provided for in the site plan under review for such future linkage when the time arises. The Planning Board may require proof that the
applicant has made contact with adjacent property owners for purposes of coordinating linkages with adjacent properties.
H The project shall not have an undue adverse impact upon the natural,scenic,aesthetic,ecological,wildlife,historic,recreational or opera
space resources of the town or the Adirondack Park or upon the adequate provision of supporting facilities and services made necessary by
the project,taking into account the commercial,industrial,residential,recreational or other benefits that might be derived from the project.
In making the determination hereunder,the Planning Board shall consider those factors pertinent to the project contained in the
development considerations set forth herein under§ 179.9-080 of this Chapter,and in so doing,the Planning Board shall make a net overall
evaluation of the project in relation to the development objectives and.general guidelines set forth in§ 179-9-080 of this Article.
The provision for and arrangement of pedestrian traffic access and circulation,walkway structures,control of intersections with vehicular
traffic and overall pedestrian convenience shall be safe and adequate for pedestrian movement. Pedestrian connections between adjacent
sites shall be provided to encourage pedestrian use. PA
J. Stormwater drainage facilities will prevent an increase of post development drainage flows as compared to pre-development drainage flows.
Drainage of the site shall recharge ground water to the extent practical. Surface waters flowing off-site shall not degrade any streams or
adversely affect drainage on adjacent properties or public roads. Facilities shall be in conformance with the drainage standards of Chapter
147 of the Town Code and the Town of Queensbury Subdivision Regulations where applicable.
K The water supply and sewage disposal facilities will be adequate and will meet all applicable and current requirements set forth by
Department of Health regulations and Chapter 136 of the Town Code.
I The adequacy,type and arrangement of trees,shrubs and other suitable plantings,landscaping and screening shall effectively provide a
visual and/or noise buffer between the applicants and adjoining lands,including the maximum retention of existing vegetation and
maintenance, including replacement of dead or deceased plants. I*{c-_5
M Fire lanes,emergency zones and fire hydrants will be adequate and meet the needs and requirements of emergency service providers.�<fiz-
N The design of structures,roadways and landscaping in areas susceptible to ponding,flooding and/or erosion will minimize or avoid such
impacts to the maximum extent practicable.
0 The site plan conforms to the design standards,landscaping standards and performance standards of this chapter.
5
Site Plan Review application--Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
§ 179-9-050 Cheeklist-Application for Site Plan Review.
Application materials and site plan shall include sufficient information for the Board to review and provide a
decision. The applicant is to provide a site plan drawing and all attachments that address items A--V. The
applicant may request a waiver from A-V and is to provide reasons for waiver(s)requested. Please label
information to be submitted.
REQUIREMENTS Sheet#
A, A vicinity map drawn at the scale that shows the relationship of the proposal to existing community facilities which affect S-1, S-2
or serve it,such as roads,shopping areas,schools,etc. The map shall also show all properties,identify owners,
subdivisions,streets and easements within 500 feet of the property. Such a sketch may be superimposed on a United States
Geological Survey map of the area.
B. The site plan shall be drawn at a scale of forty feet to the inch(1"=40 feet)or such other scale as the Planning Board may
deem appropriate,on standard 24"x 36"sheets,with continuation on 8 1/2"x 11"sheets as necessary for written S-1, S-2
information. The information listed below shall be shown on the site plan and continuation sheets.
C Name of the project,boundaries,date,north arrow,and scale of the plan. S-1, S-2
D. Name and address of the owner of record,developer,and seal of the engineer,architect or landscape architect. If the S-1, S-2
applicant is not the record owner,a letter of authorization shall be required from the owner.
E The location and use of all existing and proposed structures within the property,including all dimensions of height and S-1, S-2
floor area,all exterior entrances,and all anticipated future additions and alterations.
The location of all present and proposed public and private ways,off-street parking areas,driveways,outdoor storage areas,
sidewalks,ramps,curbs,paths,landscaping,walls and fences. Location,type and screening details for all waste disposal S-1,S-2
containers shall also be shown.
G. The location,height,intensity and bulb type(sodium,incandescent,etc.)of all external lighting fixtures. The direction of S:-1, S 2
illumination and methods to eliminate glare onto adjoin4jg properties most also be shown in compliance with§ 179-6-020.
H. The location,height,size,materials and design of all proposed signs. NA
I The location of all present and proposed utility systems including: S-1, S-2,
1. Sewage or septic system;
S-3
2. Water supply system;
3. Telephone,cable and electrical systems;and
4. Storm drainage system including existing and proposed drain lines,culverts,catch basins,headwalls,endwalls,
hydrants,manholes and drainage swales.
J Plans to prevent the pollution of surface or groundwater,erosion of soil both during and after construction,excessive runoff S-1,S-2,
and flooding of other properties,as applicable. A Stormwater Pollution Prevention Plan(SWPPP)for all land development S-4
activities(excluding agricultural activities)on the site that results in land disturbance of one acre or more, A SWPPP shall
comply with the requirements of the DEC SPDES MS-4 General Permit and Chapter 147 of the Town of Queensbury
Code. It shall be at the discretion of the Planning Board as to whether a SWPPP or an erosion and control plan shall be
required for a site plan review project land disturbance of less than one acre.
K. Existing and proposed topography at two-foot contour intervals,or such other contour interval as the Planning Board shall
S-1 S-2
allow. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel
is within the 100-year floodplain,the area will be shown and base flood elevations given. Areas shall be indicated within
the proposed site and within 50 feet of the proposed site where soil removal or filling is required,showing the approximate
volume in cubic yards.
L A landscape plan showing all existing natural land features than may influence the design of the proposed use such as rock S 1, S 3
outcrops,stands of trees,single trees eight or more inches in diameter,forest cover and water sources and all proposed
changes to these features,including sizes and types of plants. Water sources include ponds,lakes,wetlands and
watercourses,aquifers,floodplains and drainage retention areas.
M Land Use District boundaries within 500 feet of the site's perimeter shall be drawn and identified on the site plan,as well NA
as any Overlay Districts that apply to the property.
6
Site Plan Review application--Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
REQUIREMEI®TS (CON'T'INUED) Sheet#
N. Traffic flow patterns within the site,entrances and exits,loading and unloading areas,as well as curb cuts on the site and NA
within 100 feet of the site. The Planning Board may,at its discretion,require a detailed traffic study for large developments or
for those in heavy traffic areas,which shall include:
I. The projected number of motor vehicle trips to enter or leave the site,estimated for weekly and
annual peak hour traffic levels;
2. The projected traffic flow pattern including vehicular movements at all major intersections likely
to be affected by the proposed use of the site;
3. The impact of this traffic on levels of service on abutting public streets and at affected
intersections. Existing and proposed weekly and annual peak hour traffic levels and road capacity
levels shall also be given.
O. For new construction or alterations to any structure,a table containing the following information shall be included: NA
I. Estimated area of structure to be used for particular purposes such as retain operation,office,
Storage,etc.;
2. Estimated maximum number of employees;
3. Maximum seating capacity,where applicable;and
4. Number of parking spaces existing and required for the intended use,
P. 1. Floor Plans.
attached
2. Elevations at a scale of one-quarter inch equals one foot(114"=I foot)for all exterior facades of the proposed structure(s)
and/or alterations to or expansions of existing facades,showing design features and indicating the type and color of materials
to be used.
Q. Soil logs,water supply well and percolation test results,and storm water runoff calculations as needed to determine and
mitigate project impacts. S-3,S-6
R Plans for disposal of construction and demolition waste,either on-site or at an approved disposal facility. S-1
S. PIans for snow removal,including location(s)of on-site snow storage. S-1
'z An Environmental Assessment Form("EAF")as required by the SEQRA regulations,with Part I completed by the Applicant NA
shall be submitted as part of the application. If the proposed project requires a special use permit and an EAF has been
submitted in conjunction with a special use permit application,a duplicate EAF is not required for the site plan application.
U J If an application is for a parcel or parcels on which more than one use is proposed,the applicant may submit a single NA
application for all such uses,provided the proposed uses are accurately delineated on a site plan drawn pursuant to the
requirements set forth above. The Planning Board may grant the application with respect to some proposed uses and not
others. For purposes of reviewing an application(and for SEQRA compliance)all proposed uses on a single parcel or on
contiguous parcels shall be considered together.
V. A brief narrative statement on how the project proposed for review furthers or is consistent with the vision,goals and policies
in the Town's Comprehensive Plan.
7
Site Plan Review application—Revised October 2016
Town of Queensbury PIanning Office-742 Bay Road,Queensbury,NY 12804
Town of Queensbury Site Plan Pre-Submission Conference Form 1 Section 179®9-040
i. Applicant Name: Mary Lou&Robert Dunton
2. Tax Map H) 239.16-1-25 Location: 18 Tall Timber Road
3. Zoning Classification WR }
4. reason for Review: -'i- O Gu(Jz car
02 IqlCI( «-C_5
5. Zoning Section#: 13_�
0
6. Pre-Submission Meeting Notes: Provided ®ntstaing; Please provide by
Deed
General Information complete
Site Development.Data Complete ✓ 5°�=
Setback Requirements Complete
Additional Project Information Complete
FAR addressed i<
Requirements for Site Plan-Standards
Checklist items addressed
Environmental Form completed
Signature Page completed
I
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Staff Representative: )Ct'/�e'
Applicant I Agent: -I_ Date:
8
Site Plan Review application-Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
Signature Page
This page includes the I.)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 BIock Lot
Deed Reference: Book Page Date
OWNER SIGNATURE: DATE:
APPLICAN'T'S AGENT FORM:
Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party:
Owner: Mars`Lou Dunton
Designates: Dennis MacElroy
As agent regarding: X Variance X Site Plan Subdivision
For Tax Map No.: ��%ection -I.--BlocIc _5—Lot
Deed Reference: -0"Book Z Page -$�I°rDate
OWNER SIGNATURE: DATE: 1IaQ l
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.
43 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 REOUIRED: 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.
Si aure [ pplicant] Print Name [Applicant] Date signed
ZD� !t � F q- Fz:,-17
e [Agentj Print Warne [Agent] Date signed
9
Site Plan Review application-Revised October 2016
Town of Queensbury Planning Office-742 Bay Road, Queensbury,NY 12804
Bargain & Sale Deed with Covenant Against Grantor's Acts
aL' This Indenture
Made the day of March, Two Thousand Seventeen
Between ROBERT F. DUNTON and MARY LOU DUNTON, husband
and wife, both residing at 18 Tall Timbers Road, Lake George,
�v New York 12845, Parties of the First Part, and
MARY LOU DUNTON and ROBERT F. DUNTON, both residing at
18 Tall Timbers Road, Lake George, New York 12845, as Co-
Trustees of the Mary Lola Dunton Revocable Frust U/A Dated
October 6, 1995, Parties of the Second Part,
Witnesseth that the Parties of the First Part, in
consideration of Ten Dollars ($10 . 00) and other valuable
consideration paid by the Parties of the Second Part, do
hereby grant and release unto the Parties of the Second Part,
their successors and assigns, forever,
ALL THAT CERTAIN PIECE OR PARCEL OF LAND, situate, lying
and being in the Town of Queensbury, County of Warren, and
State of New York, being more particularly bounded and
described on Schedule A attached hereto and made part hereof .
Tax Map ID# 239.16-1--25
Being the same premises conveyed to Robert F. Dunton and
Mary Lou Dunton by Trustee Deed from Marilyn M. Snare, as a
surviving tenant by the entirety, as to a one half (f)
interest and Marilyn M. Snare and Janet E. DeRusso as Co-
Trustees of The Robert E. Snare Family Trust, U/W dated
January 5, 2006, as to a one half (%) interest dated May 22,
2012 and recorded in the Warren County Clerk' s Office on June
8, 2012 in Volume 4507 of Deeds at page 64 .
Subject to all enforceable covenants, easements,
conditions, reservations and restrictions of record.
Lavelle , Together with all right, title and interest, if any, of
Finn
the Parties of the First Part in and to any streets and reads
uMr�kpEabutting the above described premises to the center lines
Attorneys At Lace thereof;
29 British American Blvd.
Latham,New York
12110.1405
(518)869-6227
Fax(518)869-0572
188 Church Succt
samroga Springs,New York
12866
(5€8)584.6300
Fax(518)584-5673
Bargain & Sale Deed with Covenant Against. Grantor's ACCs
Together with 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 unto the
Parties of the Second Part, their successors and assigns,
.forever.
And said Parties of the First Part covenant that the
Parties of the First Part have not done or suffered anything
whereby the said premises have been encumbered in any way
whatsoever, except as aforesaid.
And the Parties of the First Part, in compliance with
Section 13 of the Brien Law, covenant that the Parties 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 reads
"Parties" whenever the sense of this indenture so requires.
in witness Whereof, the Parties of the First Part have
hereunto set their hands and seals the day and year first
above written.
In Presence of: �' ,.6✓
ROBERT F. DUNTON
Y L U DUNTON
Lavelle
&. Finn
Artornevs At Law
29 British American Blvd.
Latham,New York
12110-1405
(518)869-6227 —2—
Fax
2—
Fax(518)869-0572
188 Church Street
Saratoga Springs,New York
12866
(518)584.6300
Fax(518)584-5673
Bargain & Sale Deed with Covenant Against. Grantor's Acts
STATE OF NEW YORK )
) ss . :
COUNTY OF SARATOGA )
On the X7 it day of March in the year 2017, before me,
the undersigned, a notary public in and for said state,
personally appeared ROBERT F. DUNTON, 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 .
SANDRA M.DAUELL
Notary Public.Slate of NewYur[c
()u,sl,iied kl Saratoga Co.No.OIDA4634837
hly Caumnission Expires July 31, ACI4 Notary Pub c
STATE OF NEW YORK }
) ss . :
COUNTY OF SARATOGA )
On the ate19— day of March in the year 2017, before me,
the undersigned, a notary public in and for said state,
personally appeared MARY LOU DUNTON, 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.
SANDRA M.DAU[tL
Notary Public.State of New York
oaalifim irl Safatoga Co.No,OIDA4634837 Notary Publ c
My Commission Expires July 3I,ac>14
Record & Return To:
Lavelle Martin S . Finn, Esq.
Lavelle & Finn, LLP
Finn 29 British American Boulevard
Attorneys At Law Latham, New York 1211.0
29 British Arnerican Blvd.
Latham,New York
• 12110.1405
(518)869.6227 —3—
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Fax(518)869.0572
188 Church Street
Saratoga Springs,New York
12856
(518)584.6300
Fax(518)584.5673
SCHEDULE"A"
ALL THAi'CERTAIN PIECE OR PARCEL OF LAND,situate,lying and being in the Town of
Queensbury, County of Warren and State of New York,and being the northerly portlon of the
southerly half of the"Burnt Ridge Lot"situate in Lot#33 of the French Mountain Tract more
particularly bounded and described as follows;
BEGINNING at an iron pipe set in the ground in the westerly side of the macadam roadway
leading from New York State Route 9L to Assembly Point,which point of beginning is 153.80
feet distant on a course S 5°42' E from a point in the north line of Lot 433 of the said French
Mountain Tract at the northeast comer of land now or formerly owned by Scales,and which
point of beginning is marked by an Iron pipe;running from said point of beginning N 819 49'W
496.5 feet, more or less, to the shore of Lake George and passing over an iron pipe 4 feet,
more or less,from said shore;thence in a general southerly direction along the shore line of
Lake George,as the same winds and turns, 137 feet,more or less, to an iron pipe set in the
ground in the northwesterly corner of that parcel conveyed by Isabel Bosley to Edward Bosley
by deed dated the 7 day-of February, 1976,which deed was recorded in the Warren County
Clerks Office on the 13 day of February, 1976, in Book 594 of Deeds at Page 813;(which
iron pipe also marks the northwesterly comer of premises described In a correbtion deed from
Isabel Bosley to Edward Bosley,which deed Is daied as of the 7`"day of February, 1976 and Is
yet unrecorded and is intended to be recorded in the Warren County Clerk's office
simultaneously herewith);thence-S 81"49' E 167.50 feet to a railroad spike set In a macadam
driveway;thence S 89"44'30"E 148.19 feet to an iron pipe set in stones;thence along the
same course 391.11 feet to an Iron pipe set in stones;thence along the same course 50 feet to
an Iron pipe set in the ground In the easterly bounds of premises of Isabel Bosely,which iron
pipe marks the most northeasterly comer of said parcel so conveyed by Isabel Bosley to
Edward Bosley;thence N 50 42'W 76.9 feet along the westerly bounds of said macadam
roadway to the point or place of beginning, contalding 1.32 acres of land,be the same more or
less.
ALSO GRANTING AND CONVEYING all of the lands, if any, lying between the shore line of
Lake George on the west of the premises hereby conveyed to the mean low water mark of
Lake George.
BEING a portion of the premises shown on a"Map of lands of Christian Dantsizen situate in
Lot#33, French Mountain Tract,Town of Queensbury,Warren Co., New York",which map
was dated November 26, 1968, made by Leslle W.Coulter,L.L.S., and which map was filed in
the Warren County Clerk's Office on the 13'x'day of February, 1976.
ALSO EXCEPTING AND RESERVING for the Town of Queensbury,and/or to Thomas S,
Coolldge and/or Isabel Bosley and/or Edward Bosley,their heirs and assigns the right and
privilege to construct,use and ever maintain a public or private roadway across the premises
hereby conveyed,which proposed roadway may equal but not exceed fifty feet in width along
the line surveyed for such purposes by Mr. H,D. Chambers,C.E.assisted by James Allen and
yet when ready to build or rebuild either the width may be or the line of roadway varied by
mutual consent and that only of the parties then directly Interested.
ALSO GRANTING AND CONVEYING to the parties of the first part,their heirs and assigns, a
right-of-way across the northerly half of the parcel of land conveyed by Thomas S. Coolidge
and wife to Frank M.Taft and William J. Scales by deed dated February 3, 18019 and recorded
In Warren County Clerk's Office March 12, 1910, in Liber 118 of Deeds at Page 140,the
interest of said Taft in which sald northerly half was conveyed by deed to said William J.
Scales,such right of way to extend to the highway,as the same is described In a deed from
William J.Scales and Gertrude J. Scales,his wife,to Frank M.Taft and recorded In Warren
County Clerk's Office October 7, 1913 in Book 127 of Deeds at Page 274.
SUBJirCT,however,to a certain easement given by Adam L.Sittedey to Adirondack Power&
Light Corporation recorded in Warren County Clerk's Office June 18, 1926 in Book 168 of
Deeds at Page 394.
The parties hereto agree for themselves and their heirs and assigns;that no structure may be
erected or maintained on the northerly 10 feet of that portion of the above described premises
lying between the macadam driveway and the shore of take George.
,o
4
f
MORE MODERNLY DESCRIBED AS:
All that certain piece or parcel of land situate, lying and being in the Town of Queensbury,
County of Warren and the State of New York, more particularly bounded and described as
follows:BEGINNING:at a point in the easterly shore of lake George at the southwest corner of
the lands conveyed to John T. and Noel C. Brothers by deed dated September 24, 1971,
recorded in book 541 of deeds at page 54; running thence South 81 degrees,45 minutes and 50
seconds East along said lands, a distance of 5.1 feet+/-to an iron pipe found in the ground for a
corner;thence continuing along said lands, South 81 degrees,45 minutes and 50 seconds East,
a distance of 491.32 feet to an iron pipe found in the ground for a corner at the southeasterly
corner of said lands of Brothers in the westerly bounds of Old Assembly Point Road;thence
running along the same,South 05 degrees,45 minutes and 22 seconds East,a distance of 76.82
feet to an iron pipe found in the ground for a corner at the northeasterly corner of the lands of
Arkley L. Mastro Jr. et.al. as conveyed:to them by deed dated December 23, 2011,recorded in
book 4435 of deeds at page 205; running thence along the northerly bounds thereof,the
following two courses and distances:
(1) North 89 degrees,36 minutes and 39 seconds West, a distance of 390.80 feet to a railroad
spike found in the ground for a corner;
(2) North 81 degrees,47 minutes and 41 seconds West, a distance of 167.38 feet to an iron pipe
found in the ground for a corner;thence continuing North 81 degrees,47 minutes and 41
seconds West, still along the northerly bounds of lands of Mastro, a distance of 5.8 feet+/-to
the easterly shore of Lake George;thence running northerly along the shore of Lake George as
it winds and turns, a distance of 145.00 feet+/-to the point and place of beginning, containing
1.29 acres of land to be the same more or less.
Bearings given in the above description refer to magnetic North.
Subject to easements of record.