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Valenti Site Plan Review Application Packet (Revised) LIT'T'LE, 'CONNOR & BORIE, P.C. NINE`T`EEN WESTNOTRE DAME STREET— BOX 898 GLENS FALLS.NEW TURK 12801-0898 MICHAEL J.O'CONNOR TFL.EPI LONE- 8 792-2113 BRIAN C.T30RIE F*ACSWILE-5I8 792-6972 FAX SFRVICE PSIOT ACCL.PTED NArIlAN R HAIL J.DAVID LITTLE,RETIRED ELI"LA131::TH E.L.l'1 l Ll:.OP COHNSEL November 13, 2017 FIRST CLASS MAIL Queensbury Planning Board 742 Bay Road Queensbury,NY 12804 Re: Maureen Valenti— 113 Birdsall Road Tax Map 259..17-1-40—Area Variance Folks: We represent Maureen Valenti. In connection with the site plan application for a 484 sq. foot deck,we request the following variances: 1. Topography Mapping — the deck will not change the topography of the lot with minimum site disturbance for post for the deck. The 484 sq, foot deck will not change stolen water. 2. Landscape Plan —existing landscaping and existing small retainer wall will remain in place. 3. Land Use District Boundaries Map —land on each side and to the rear of premises are all zoned as subject premise—waterfront residential. 4. Soil Logs—again there is minimal said disturbance for support posts only of deck. Yours Very Truly, LITTLE,TLE, O'CONNO & BORIE, P.C. %"N By: Michael . 'Connor MJOC/lms CC: Maureen Valenti EMAIL: mjoconnor@locblaw.com TOWN OF QUEENSBURY . Site .pian Review Application Review Process: I. Required Pre-submission meeting with staff to determine general completeness to be held no later than 1 weep prior to deadline day. Call (518) 761-8265 or(518) 761-8220 for an appointment. 2. Submittal of complete application: I original and 14 copies of the application package by monthly deadline. 3. Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for consideration for placement on an agenda for that month. 4. Incomplete applications will not be considered for placement on any a enda until all missing information has been submitted. 5. Submittal to Warren County Planning, if applicable. 6. Planning Board meeting, generally the third & fourth Tuesday of each month. You will be advised in writing as to which meeting to attend. 7. Following the meeting you will be provided with a copy of the resolution stating the Board's decision on your application. If your application was approved, the next likely step is a Building Permit. Final drawings must be provided for the next phase of review. if your application was denied, your project cannot proceed as submitted. DOCUMENTATION REQUIREMENTS hard copy & electronic): Please submit 1 original & 14 copies of the completed application package to include: • Completed Application pages 2-9, signed & dated • Pre-Submission Meeting Notes: signed by staff • Cony of Deed • Checklist&Plot Plan • Environmental Assessment Form for any non-residential project • Fee: $100 (0 — 10,000 sq. ft.); $250 (10,001 — 30,000 sq. ft.); $500 (30,001 -100,000 sq. ft.); $1,000 (100,000+sq. ft.) Staff& Contact Information: Craig Brown, Zoning Administrator crag ,bj2gueensbury.net Laura Moore, Land Use Planner lmoorcAqueensbury._n_et Sunny Sweet, Office Specialist--Planning sun nysgqueensbun%net (518) 761.-8220 Visit our website at www.gueensbury.net for further information and forms 1 Site Plan Review application—Revised October 2016 Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12904 General Information Tax Parcel ID Number: 289.17-1-40 Zoning District: WR Lot size: 0.69 Acres Detailed Description of Project [includes current&proposed use]: Proposed-Same with New Open Deck Location of project: 113 Birdsall Road Applicant Name: Maureen Valenti Address: 113 Birdsall Road Queensbury,New York 12804 Home Phone 518-798-0073 Cell. Work Phone Fax E-Mail: Agent's Name: Address: PO Box 898 Michael J.O'Connor Glens Palls,New York 12801 Home Phone Cell: Work Phone Fax 5 518-792-8728 18-792-6972 E-mail mjoconnor@locblaw.com 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 REVISED 12,1612017 Site Development Data Area/Type Existing sq. ft. -P—posed Total sq. ft. Additions . ft. A. Building footprint 1842 - 1843 B. Detached Garage _ _ _ C. Accessory Structure(s) 57 - 57 D. Paved, gravel or other hard surfaced area 7301 - 7307 E. Porches 1 Decks 580 484 9064 F. Other G. Total Non-Permeable [Add A-F] 9786 _ 10270 H. Parcel Area [43,560 sq. ft.1 acre] 30845 - 30845 1. Percentage of impermeable Area of Site [1—G/Hl 31.7% - 33.3% Setback Requirements Area Required Existing Proposed Front[1] 50' s0' 25.9' Front[2] Shoreline 50' 50' 25.9' Side Yard [1] 20' 11.2' 13.5' Side Yard [2] 20, 21.3' 24.5' Rear Yard [1] _ 65.2' 652 Rear Yard [2] N/A - - Travel Corridor NIA - - Height[max] NIA - - Perineabiiity 75% 68.3% 66.7% 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 Proiect Information I. 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) Permit Program ? No 4. Estimated project duration. Start Date 0812017 End Date 11/30/2017 5. Estimated total cost of project: 58,000.00 6. Total area of land disturbance for project: 484 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 CMI 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 30,845 sq. ft. B. Existing Floor Area 4235 sq. ft. see above definition C. Proposed Additional Floor Area - sq. ft. D. Proposed Total.Floor Area 4,235 sq. ft. E. Total Allowable Floor Area 11,020.9 (Area x [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,Queensbury,NY 12804 § 179-9--080 Requirements for Site Plan Approval. 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"T'own's Comprehensive Plan_ B, 17uc 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 coning district in which it is proposed to be located(Article 3 and 'fable 1),the applicable requirements of all other Articles that apply. C. The site plan encourages pedestrian activity internally and, ifpracticable,to and from the site with pedestrian paths or sidewalks connected to adjacent areas. D. The site plan must conform to Chapter 136 Sewage and Sewage Disposal,Chapter 147 Stormwater Management Local Law,and other applicable local laws. E. 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(lie 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. P. I'lic 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. Ci. 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 arc provided where feasible. This furthers theTown's goal of reducing curb cuts and reducing congestion. A twenty-foot wide connection is required, If adjacent properties arc 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 orcoordinating linkages with adjacent properties. H. The project shall not have an undue adverse impact upon the natural,scenic,aesthetic,ecological,wildlife,historic,recreational or open space resources ofthe 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 Ar€icic. j 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, J. Stormwater drainage facilities will prevent an increase of post development drainage flows as compared to pre-development drainage Mows. Drainage of the site shall recharge ground water to the extent practical. Surface waters [lowing 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 ofthe'T'own 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. L 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. M. Fire lanes,emergency zones and fire hydrants will be adequate and meet the needs and requirements of emergency service providers. 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, O. 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 Checklist-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 frotn 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 or serve it,such as roads,shopping areas,schools,etc. The map shall also show all properties,identity owners, Tax Map subdivisions,streets and casements within 500 feet of the property. Such a sketch may be superimposed on a United States Geological Survey map orthe 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 S 1/2"x I I"sheets as necessary for written 5-1 information. 'llie inforination listed below shall be shown on the site plan and continuation sheets. C. dame ofthc project,boundaries,date,north arrow,and scale of the plan. S-1 D. Name and address of the owner of record,developer,and seal of the engineer,architect or landscape architect. If the 1 aj2plicant is not the retard owner,a letter of authorisation 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 floor area,all exterior entrances,and all anticipated future additions and alterations. F. 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 containers shall also be shown. G. 'I7te location,height,intensity and bulb type(sodium,incandescent,c(c.)of all external lighting fixtures. The direction of NONE illumination and methods to eliminate glare onto adjoining properties must also be shown in compliance with § 174-6-020. H. The location,height,size,materials and design of all proposed signs. N/A The location of all present and proposed utility systems including: N/A 1. Sewage or septic system; 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 N/A-484 and flooding orother properties,as applicable. A Stormwater Pollution Prevention Plan(SWPPP)for all land development sq ft activities(excluding agricultural activities)on the site that results in land disturbance ozone 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 pian 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 Waiver allow. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion oFthe parcel Requested 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. A landscape plan showing all existing natural land features than may influence the design of the proposed use such as rock Waiver outcrops,stands of trees,single trees eight or more inches in diameter, forest cover and water sources and all proposed Requested changes to these features,including sires 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 perirocter shall be drawn and identified on the site plan,as well as any Overlay Districts that apply to the property. Waiver Req. 6 Site Plan Review application--Revised October 2016 Town of Queensbury Planning Office-742 Say Road,Queensbury,NY 12804 REQUIREMENTS (CONTINUED) Sheet# N. Traffic now patterns within the Site,entrances and exits,loading and unloading areas,as well as curb cuts on the site and NIA 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 ofntotor vehicle trips to enter or leave the site,estimated for weekly and annual peak hour traffic levels; 2, "€'Ite projected traflic 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 ofservice 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. I-or new construction or alterations to any structure,a table containing the following information shall be included: NIA 1. Estimated arca of structure to be used for particular purposes such as retain operation,office, Storage,etc.; L 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, NIA 2. Elevations at a scale of one-quarter inch equals one foot(114"=1 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 o F materials to be used. Soil logs,water supply well and percolation test results,and storm water runoff calculations as needed to determine and Q. Waiver Req. mitigate project impacts. R. Plans for disposal of construction and demolition waste,either on-site or at an approved disposal facility. Commercial Hauler Plans for snow removal, including location(s)of on-site snow storage. NIA T. An Environmental Assessment Form("EAF")as required by the SEQRA regulations,with Part I completed by the Applicant NIA 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. UJ if an application is for a parcel or parcels on which more than one use is proposed,the applicant may submit a single NIA application for all such uses,provided the proposed uses arc 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"fown's Comprehensive Plan. Attached 7 Site Plan Review application—Revised October 2016 Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804 Area V'Iriaocc :i PTU-SLIbllliNSi011 COIllb-ClICC 1:01-(11 SCCti0i) I79-f}-040 1. Applicant Name: 2. Tax N11,11) 11) Locat!"w 3. Zoning chissillicatioll NXI 4, Reason for Reviov- Ail-�11 5. Zoning scctmn M. OuBwnwny PKIV , I/nwkle b%. Deed 6. Pre-sublillsion Nleethig Notes. PmvWed VZ Giency-al Informatioll complete L,-/ She DmThpmou Data Comome -------Z. Suback ReqWronems Compkw Lyc, Addkional 10ject InArnnuion ConipfcW FAR,addressed Compliance with Zoning Ordinance -------- Checklist items addressed Envionmental Fonu completed signature Page collipleled Ary-Al C n,l -S"-. �1 ,- A q C Loc- L"A L 1-1 C not' w 1,10 i cyt Of, 4- 6k (t- I-tQ- �A C'. tc IND oc"7-\(.C3,f ei/L -1 I(i v Vowl I C.C. a jrc, Le- L,V-1 C r AM 1'�f ( AW2 -7— tTAtU '-,-J. lt,ol-, -)Cr - 1:�� RC;-1 C) staff ReprQ54nl',I6vu: f Applicant 1 Agen 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 AGF NT FORM: Complete the following if the OWNER of the property is not the same as the applicant Owner: Maureen Valenti Designates: Michael J. O'Connor As agent regarding: Variance X Site Plan Subdivision For Tax Map No.: 289.17 Section 1 Block 40 Lot Deed R erence: 4 5 ok 26 Page 1/5/2011 Date OWNER SIGNATURIJ: DATE: 10/-0/2017 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: Maureen Valenti. Designates: Michael J. O'Connor As agent regarding: X Variance X Site Plan Subdivision For Tax Map No.: 289.17 Section I Block 40 Lot Deed Refe mce: L4JA5A Book 26 Page 1/5/2011 Date OWNER SIGNATURE: DATE: 1010 /2017 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 S 1,000 without notification to the applicant. 3.) AU HOR17WHON FOR SITE VISITS: By signing this page and submitting the application materials attached herein,the Owncr,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 NIINU'rES 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 PROVII)E DOCUMENTATION 12EOUIRED: 1,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 arc 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 Uwe may be required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy I have read and agree to the above, Maureen Valenti 1015�') /2017 Si �ae [ lyz tt Print Name [Applicant] Date signed itJ Michael J. O'Connor I0/ /2017 Signature [A t t} Print Name [Agent] Date signed 9 Site Plan Review application—Revised October 2016 Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804 WARREN COUNTY r: _£;Mf §a � yd<s_: "� PAMELA J.�VOGEtu=a!#-iF_ r- 1 14= _ -E N `i AS COUNTY CLERK (llII�I iII�II IlilllNpllii�11111111 ! IlilN10111IN10l11111 milli NY 1281K _ Volm-4165 Pg-26 Instrument Nurriher: 2011 00000072 As Recorded On: January 05, 2011 Deed Parties: JACKOSKI STEVEN B To VALENTI MAUREEN Billable Pages: 4 Recorded By: LITTLE &O CONNOR ESQ Num Of Pages: 5 Comment: k*Examined and Charged as Follows: ** Deed 61.00 Coder Page 5.00 RP-5217 Resid/Agric 125.00 TP-584 5.00 Recording Charge: 196.00 Consideration j Amount Amount RS#165#r i. i Transfer Tax 2,656.00 664.000.00 TT 1075 Basic, 0.00 QUEENSBURY focal 0.00 Special Additional 0.00 ?: ,4tidition'at 0.00 Transfer 2,656.00 Tax Charge: 2,656.00 FILE, fi44J4}� �i.?r4;� Df icr Jan 05r2011 139:?7,r ftoala. J. slaAel Warren �•a�nl� i�leri; '*THIS PAGE IS PART,OF THE INSTRUMENT*" I hereby certify that the within and foregoing was record6d1n th&Clerk's Office For: WARREN COUNTY, NY File Information: Record and'Return To: Document Number: 2011-00000072 LITTLE'&'O CONNOR Receipt Number: 193791 19WEST'NOTRE DAME ST Recorded DatelTime: January 05, 2011 09:27:,1'5A :. .PO•BOX.898 Book-Vol/Pg: Bk-RP VI-4165 Pg-26 GLENS FALLS NY 12801 Cashier(Station: C Latham', / Cash Station 3 NxrA VP Arl-ry nr. . ;th.Uts covenant THIS INDENTURE, made this day of December, Two Thousand Ten, dv BE'T'WEEN STEVEN B. JACKOSKI a/k/a STEVEN T. JACKOSKI and LISA M. JACKOSKI, residing at 113 Birdsall Road, Queensbury,New York 12804,parties of the first part,and ! MAUREEN VALENTI, residing at party IWN c �5 of the second part, 1 � 2 t, WITNESSETH that the parties of the first part, in consideration of ONE DOLLAR($1.00) lawful f money of the United States, and other good and valuable consideration paid by the party of the second part, 5r f do hereby grant and release unto the party of the second part,her heirs and assigns forever, J ! - ALL THAT PIECE, PARCEL OR LOT OF LAND situate, lying and being in the Town of Queensbury, County of Warren, State of New York, being part of Sub-lot 54 in Lot 52 of the First Division of the Queensbury Patent, located on the southeasterly shore of Glen Lake, and being more particularly bounded and described as follows. BEGINNING at an iron pipe found marking the northeasterly corner of lands conveyed by Leonard M. & Rose M. DeBois to Carl H. and Marjorie L. Cooney by deed dated August 15, 1966, and recorded in the Warren County Clerk's Office on October 17, 1966, in Book 474 of Deeds at Page 349; said pipe also marking the northwesterly comer of a 50-foot wide strip of land extending southerly and westerly partially- through and from the herein-described premises to the centerline of Birdsall Road, said 50-foot strip being depicted as a "Proposed Road -- 1.293 acres, more or less" on a"Map of a survey of a portion of the lands being contracted for sale by Alexander and Susanna Hirsch to Leonard M. and Rose M. DeBois" by John B. VanDusen, PLS, dated July 23, 1966, and filed in the Warren County Clerk's Office on April 11, 1978, in Book 613 of Deeds at Page 380; running thence from the point of beginning North 77 degrees 37 minutes 20 seconds West along the northerly bounds of lands of Cooney and Iands of Bazil and Mary Burns of a distance of 67.73 feet to a point; thence North 01 degrees 52 minutes 10 seconds West through the lands of the party of the first part for a distance of 148.21 feet to an iron pipe found; thence continuing North 01 degrees 52 minutes 10 seconds West for a distance of 8 feet more or less, to a point on the southeasterly shore of GIen Lake; thence easterly and northeasterly along the shore, as it winds and turns for a distance of 60 feet, more or less,to the northwesterly comer of lands conveyed by Chartrand to Kobor by deed recorded in the Warren County Clerk's Office in book 514 of Deeds at Page 21; thence South 33 degrees 00 minutes 30 seconds East along said lands of Kobor for a distance of 6.feet, more or less, to an iron rod, said rod being situate at a distance of 59.50 feet on a course of North 79 degrees 31 minutes 40 seconds East from the last-described iron pipe; thence continuing South 33 degrees 00 minutes 30 seconds East along said lands of Kobor for a distance of 17497 feet to an iron pipe found; thence North 73 degrees 34 minutes 00 seconds East along said land of Kobor for a distance of 40.00 feet to a point; thence South 26 degrees 23 minutes 00 seconds East along the westerly bounds of lands to be conveyed to John and Susan Moosbrugger for a distance of 59.26 feet to an angle point therein; thence South 60 degrees 34 minutes 30 seconds West along said lands to be conveyed to Moosbrugger for a distance of 30.00 feet to an iron pipe found marking the northeasterly comer of lands conveyed by Leonard M. & Rose M. DuBois to Richard P. & Grace E. Doman by deed dated August 15, 1966 and recorded in the Warren County Clerk's Office on October 17, 1966 in Book 474 of Deeds at Page 347; thence North 76 degrees 13 minutes 20 seconds West along said lands of Dornan for a distance of 75.00 feet to an iron pipe found marking the northeasterly comer of the above-referenced 50-foot wide right-of-way; thence South 13 degrees 46 minutes 40 seconds West along the westerly bounds of said lands of Doman for a distance of 77.05 feet to a point of curvature;thence southwesterly, along a curve to the LITTLE&O'CONNOR ATTORNEYS,P.C. 19 WEST NOTRE DAME STREET-P.O.BOX 898 GLENS FALLS,NY 12861 TEL.(51B)792-2113 UNENT- .,-P^7r nn �.--t 1 r, td- �ar�;�fF ti.1-.�. -�i� 1,, err. _�_...�... �- cn�the ne..,.h., .: ?� �'.o. s-,. ._ ��d,. .,. .. �7iFIl, .cup and'lands of Orsini for a distance of 117.81 feet to a point of tangency in the southerly bounds of said 50-foot wide right-of-way; thence North 13 degrees 46 minutes 40 seconds East across said right-of-way for a distance of 50.00 feet to a point of a curvature in the northerly bounds of said right-of-way; thence northeasterly, along a carve to the left having a radius of 25 feet and deflecting from a forward tangent of South 76 degrees 13 minutes 20 seconds East and along the southeasterly bounds of the above-referenced lands of Carl and Marjorie Cooney for a distance of 39.27 feet to a point of tangency; thence North 13 degrees 46 minutes 40 seconds East along said lands of Cooney for a distance of 77.05 feet to the point of beginning; and containing 30,000 square feet,more or less. ALSO CONVEYING herewith a right-of-way over a 50 foot wide strip of land extending southerly and westerly from the above described parcel to the centerline of Birdsall Road, and within said right-of-way is an existing gravel road, said right-of-way being as depicted as a "Proposed Road - 1.293 acres, more or less" on a Map of a survey of a portion of lands being contracted for sale by Alexander and Susanna Hirsch to Leonard M. and Rose M. DuBois" by John B. VanDusen, PLS, dated July 23, 1966, and filed in the Warren County Clerk's Office on April 11, 1978, in Book 613 of Deeds at Page 380; and also being described on a"Map of lands of Robert R.and Mary A. Cross". THE, Grantor(s) also grant and convey to the Grantee(s), their heirs, and assigns, an easement or right-of-way to be used in common with other lot owners entitled thereto of record, to a certain lot of land bordering Glen Lake as shown on the aforesaid"Map of Lands of Robert R. and Mary A. Cross",which lot is known as the Beach lot and is adjacent to the lot of one William Merritt and lands to be conveyed to one Keith Coe. Said Beach lot shall be used in common with all lot owners presently entitled by record to said use,their heirs, successors and assigns, for recreation, bathing and boating purposes. THE Grantor(s) Ruttier grant and convey to the Grantee(s), their heirs, successors and assigns an easement or right-of-way to be used 'n common with other lot owners over and across an "Existing Gravel Road"which runs generally northwesterly through the lands of Cross, Merritt, Hoffis, Berrigan and John and connecting with Birdsall Road; said existing road being located between 100 feet and 150 feet southerly of the southerly shore of Glen Lake. SUBJECT to the following: 1.) Covenants and Restrictions in Deed in Book 499 of Deed at Page 460; 2.) Covenants,Restrictions and Easement in Deed in Book 579 of Deeds at Page 304; 3.) Covenants and Restrictions in Deed in Book 616 of Deeds at Page 848; 4.) Easement in Book 167 of Deeds at Page 71; 5.) Rights of others to Marley Way and Birdsall Road Extension; as they cross subject premises, with Marley Way being shown as "Proposed Road— 1.293 Ac.f" on a map entitled "Map of Lands of Robert R. & Mary A. Cross",prepared by Coulter& McCormack, dated September 8, 1981, last revised November 17, 1986, and filed in the Warren County Clerk's Office on May 23, 1988, as Map A-126; Birdsall Road Extension is shown on said map as "Existing Gravel Road" , Easement to Hirsch to Dubois; said Birdsall Road Extension has become a town road be prescription; LITTLE&O'CONNOR ATTORNEYS,P.C. 19 WEST NOTRE DAME STREET-P.O.BOX 898 GLENS FALLS,NY 12801 TEL.(518)792-2113 DOCUNE s'°-3[ 3.00-0031-7"I 6.) Rights of the Town of Queensbury in Birdsall Road Extension, as same crosses subject premises; 7.) Order Affecting Real Property Index No. 42 83 6, filed in the Warren County Clerk's Office on December 28,2005 in Liber 1486 at Page 228, as Document No.: I4485 (same has to do with settlement of rights of usage of common beach and docks on premises adjacent to subject premises, but to which Grantor has deeded rights); and 8.) Easement and dockage rights conveyed by Steven B. Jackoski a/k/a Steven T. Jackoski and Lisa M. Jackoski to Lisa M. Jackoski by deed, dated December d 2010, which is intended to be recorded simultaneously herewith. SUBJECT to any and all enforceable covenants, conditions, restrictions, easements, agreements and zoning laws Of record affecting such premises. BEING the same premises conveyed to Steven T. Jackoski and Lisa M_ Jackoski, by deed from Paula Peyton Fitz, dated August 3, 2001, which deed was recorded in the Warren County Clerk's Office on August 6,2001 in Book 1226of Deeds at Page 40. 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 party of the second part, her heirs and assigns forever. AND said parties of the first part covenant as follows: FIRST, That the party of the second part shall quietly enjoy the said premises; SECOND, That said parties of the first part will forever warrant the title to said premises. THIRD, That, in compliance with Section 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 hands and seals the day and year first above written. IN PRESENCE OF 1;�44 -9TEVEN B.JA KOSKI a/k/a STEVEN T. JA KOSKI 1<� LISA M. JA OSKI LITTLE&O'CONNOR ATTORNEYS,P.C. 19 WEST NOTRE DAME STREET—P.O.BOX 898 GLENS FALLS,NY 12801 TEL.(518)792-2113 'L.Z- k L G'r A.,.F(;dr-NT--',Il 170R F )SS.. COUNTY OF WARREN ) On the day of December, in the year 2010, before me, the undersigned, personally appeared STEVEN I3. JACKOSKI a/k/a STEVEN T. JACKOSKI,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, cuted the instrument. i Not Public ; IGHAE-1_,l, OCONNOR Notary PuNic, Sale of New York Warren O^. ;�2DC2937400 Pity Commission 4 pines Sept.9, 20 r� STATE OF NEW YORK ) ] )SS.. COUNTY OF WARREN ) On thccQt\5 day of December, in the year 2010, before me, the undersigned, personally appeared LISA M. JACKOSKI, 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 si ture on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. 3ik Notary Public _j. OCONNOR Notary pUbi1c_ ti--n e of New York Warren Co. ;,D2OC2937400 way Commission Ehpsres Sept.91 20—Y4 Record and Return to: Little& O'Connor Attorneys,AC PO Box 898 Glens Falls, NY 12801 (#2100—JackoskilValend) LITTLE&O'CONNOR ATTORNEYS,P.C. 19 WEST NOTRE DAME STREET—P.O.BOX 898 GLENS FALLS,NY 12801 TEL.(518)792-2113 .�:: -- t ��S __�,`,rv� o�.. .. . � �� . . ._� __..,...._._..,.,__. s ��.. ______ . . _ _.._____. � .� �. �____a __________. _ � _F ._. ___�__.�__ _ � CA lS 4� L ' G1 � �/ VicI' � _• � - � � � f� CIO Mk J € of , ��._ .� �,. y I i } _i 1 L i t 3 c ..�...: �� 'r i 7 i �' f •ti �, of :;� 4a� 4' `l K F}}} ?w.. j .�^_ _ :� 1. — f �� i� ���,: tl �•� s . . �� `' �1 --t o- J 0 4 f� a a� d l.. 4� 4 L y co �• 1 IA 6 Lynne Seymour From: orthorem@aot.com Sent: Tuesday, October 31, 2017 11:31 AM To: Michael J. O'Connor Subject: Set back of our old house f h stiff d), lontv� N, s --------------- -------------------- Yat ne` ct 1e; T a, _ - s / f GLEN LAKE A -I e .. o C v P e m m d 1 � Roo � Bird�•all - �, / J ion J)._UI L ^Y Q m W o: o q � am p S-1