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Application 169 Haviland Road Queensbury, NY 12804 Hutchins Engineering Phone: (518)745-0307 Fax: (518)745-0308 February 14, 2018 Town of Queensbury Zoning Board of Appeals 742 Bay Road Queensbury, NY 12804 Re: Tamarra Ellsworth Duplex Project 15 French Mountain Drive Tax Map No. 288.8-1-29 Dear Chairman Freer and Zoning Board Members: This office represents Tamarra Ellsworth with respect to a new home construction upon her vacant parcel at 15 French Mountain Drive. The applicant proposes to construct a 2054 SF footprint ranch-style building with a 1-bedroom, 760 SF rental unit,totaling 3-bedrooms for the building. Given the parcel's size and geometry and the large setbacks of the RR-3A zone, there is no compliant building envelope upon the parcel. Also, while a duplex is an allowable use, the parcel does not have the sufficient acreage that the zoning code requires for a duplex(3-acres per unit in this zone). While the size of the variance requests is substantial, when viewed in a neighborhood context, the building is of a modest size and has the appearance and architecture of a single-family residence. Also, the building will be situated substantially further away from French Mountain Drive than some of the other homes in the neighborhood. Given the high costs of construction, it is the applicant's position that in order to offset a portion of her mortgage and to achieve a higher appraisal for the construction loan, income from the small 1-bedroom rental is necessary to make the project financially viable. The applicant presently lives at the southerly adjoining parcel, which is a rental unit owned by her brother and desires to begin construction this spring, so that her home is ready for occupation in the fall. Also associated with the project is site work consisting of:grading,erosion and sediment controls,stormwater management, site utilities and landscaping. Enclosed please find site plan review application packages consisting of: Application, SEQR Short Form, Engineering Plans, Architecturals and a rendering of the proposed building. We respectfully request that this item be placed upon the agenda of the March zoning board meeting. Please contact this office with any questions that you may have, thank you for your assistance with the project. Best ReGards, Lucas W. Dobie, P.E. Cc: Tamarra Ellsworth G.Thomas Hutchins,P.E. thutchins@hutchinsengineering.com Area Variance [ZBA approved: September 2120161 Town of Queensbury Area Variance Application REVIEW PROCESS: 1) Required Pre-Submission meeting with staff to determine general completeness of application materials to be held no later than 1 week prior to deadline day. Call(518)761-8238 or(518)761-8265 for an appointment. 2) 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. 3) Incomplete avRlications will not be considered for placement oRany a enda until all missing infonnlation has been sul2nlied. 4) Submittal to the Warren County Planning Board,if applicable. 5) Zoning Board meetings,generally the third and fourth Wednesday of each month. You will be advised in writing as to which meeting to attend. 6) 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 plans/drawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DOCUMENTS TO BE SUBMITTED:(HARD COPY&ELECTRONIC) 1 original and 14 conies of the completed application package to include: Completed Application: pages 1-9 completed, signed&dated Pre-Submission Meeting Notes: signed by staff Denial Letter: from the Zoning Administrator Survey: Current Survey: survey map depicting current conditions—sign,stamped,date by surveyor Proposed Conditions Map: The proposed conditions map must be based on a current survey and may by prepared by Surveyor,Professional Engineer(Civil)or a Registered Architect. Area/Sign Applications: must provide a final as-built survey depicting all site conditions and improvements Survey Waiver: Applicant may request a waiver from the survey pre and post requirements. Copy of Deed Fee: $50 residential; $100 commercial ZONING STAFF&CONTACT INFORMXFION: Craig Brown,Zoning Administrator crai b ueensbu .net Laura Moore,Land Use Planner lmoore(a)aueensbuEy.net Sue Hemingway,Office Specialist suehAgueensbury.net (518)761-8238 Visit our website at www.gueensbury.net for further information and forms. Page 00 Area Variance [ZBA approved: September 21 2016] General Information Tax Parcel ID Number: 288.8-1-29 Zoning District: RR-3A Detailed Description of Project [include current&proposed use]: Current Use: Vacant Proposed Use: Residential Location of Project: 15 French Mountain Drive Applicant Name: Tamarra Ellsworth Mailing Address 7 French Mountain Drive Queensbury NY 12804 Home Phone City, State,Zip Work Phone Cell Phone (518)429-6642 E-Mail: tamarraellsworth@gmail.com FAX No. Agent's Name: Hutchins Engineering Mailing Address 169 Haviland Road Queensbury NY 12804 Home Phone , City, State, Zip Work Phone (518)745-0307 Cell Phone E-mail lwdobie@neerinhutchinsen i .c FAX No. gg (518)745-0308 Owner's Name Mailing Address (Same as Applicant) Home Phone City, State,Zip Work Phone Cell Phone E-mail FAX No. Page 1 Area Variance [ZBAapproved: September 212016] Site Development Data Area/Type Existing sq.ft. Proposed Total sq.ft. Additions .ft. A. Building footprint 0 2,080 2,080 B. Detached Garage 0 0 0 C. Accessory Structure(s) 0 0 0 D. Paved, gravel or other hard surfaced area 0 1,745 1,745 E. Porches/Decks 0 0 0 F. Other 0 0 0 G. Total Non-Permeable [Add A-F] 0 3,825 3,825 H. Parcel Area [43,560 sq. ft./acre] 29,703 0 29,703 I. Percentage of Impermeable Area of Site [I=G/H] 0.00% 12.87% 12.87% Setback Requirements Area Required Existing Proposed Front Yard [1] 100' 0' 78' Front Yard [2] Shoreline Side Yard [1] 75' 0' 63.5' North Side Yard [2] 75' 0' 35' South Rear Yard [1] 100' 0' 66' Rear Yard [2] Travel Corridor Height [maximum] 40' 0' 25'+/- Permeability 5'+/- Permeability 75% 100% 87.13% Number of parking spaces Page 2 Area Variance [ZBA approved: September 2120161 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): _N/A 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit Program? _Yes/ V(No 4. Estimated project duration: Start Date: SPR 2018 End Date: FALL 2018 5. Estimated total cost of project: $300,000 6. Total area of land disturbance for project: 14,400 SF Floor Area Ratio Worksheet Xby A RATIO (FAR) -- The relationship of building size to lot size, derived by dividing t/lotulildingfloor t size in square feet,yielding a percentage. Zoning Distric Symbol Floor Area Ratio[ ] Waterfront Residents WR 0.22 Commercial Moderate/C"', o merciai CM/CI 0.3 Intensive A. The combined area of all square foo e,Xfeemeasured from exterior w sof all structures on the property, including all floors of the structures, garages, basettics with mor than five (5) feet of ceiling height and covered porches. Building square footage does : Open dee. docks and that portion of covered docks extending over water and one storage shed of ontwenty —0) square feet or less. Any additional sheds will be included.(See"FLOOR AREA RATIO" B. Commercial or industrial: the total area e measured from the exterior of the outside walls of a building or structure, and when applicable,the sul flo areas of the principal and accessory buildings or structures on the project site. Parcel Area sq.111 Existing Floor Area sq. ft. [see"above definition] Proposed Additional Floor ea sq. ft. Proposed Total Floor rea sq. ft. Total Allowablefloor Area Area x see above tab Page 3 Area Variance [ZBA approved: September 2120161 Compliance with Zoning Ordinance Requesting relief from SECTION: §179-5-100A,179-3-040A(5)(b)[21-[41 Need relief from the requirement(s)listed below which can not be met by the project as proposed. [Check all that apply] EOSetback ❑ Buffer Zone ❑Lot Width DOther Duplex Density 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? No,the proposed building will be very much in harmony with the character of the neighborhood. Granting these area variances would result in a positive change in the neighborhood by allowing an attractive new home to be constructed where an open field presently exists. 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? No,it could not be achieved by another method,as with theparcel's size and geometry,when the large setbacks of the RR-3A zone are applied,there is no building enveloped afforded to the parcel. 3. Whether the requested area variance is substantial? Yes the requested area variance is substantial since relief is being requested for all setbacks and for duplex density. However,the physical impact of the project itself on the neighborhood and adjacent properties is minimal,as the home is of modest size and has the architecture of a single family ranch-style home. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No the proposed variance will not have an adverse effect upon the physical or environmental conditions in the neighborhood. As previously mentioned,because it would be new construction in a style in harmony with the existing neighborhood,the granting of this variance would result in a positive change in the neighborhood. 5. Whether the alleged difficulty was self-created? The difficul is self-created in that a duplex is being requested instead of a single-family residence for financial reasons),however the geometry of the site is so constrained by the large setbacks of the RR-3A zone,that proposing a single-family residence would also require variances for all setbacks. Page 4 Area.Variance [ZBA approved: September 21 2016] Section 179-14-030—Application materials Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s)—a survey showing existing conditions,a proposed conditions map(see page 00 for specific criteria)and include any other attachments that address A-D as applicable to the proposed project. A. General Shown on Sheet# 1 Title,Name,Address of applicant&person responsible for preparation of drawing ALL 2 Deed ENCLOSED 3 North arrow, Tax Map ID,date prepared and scale minimum: 1 inch=40 feet 1 S1 4 Boundaries of the property plotted to scale, zoning boundary S1 5 Principal structures, accessory structures with exterior dimensions ARCHITECTURALS 6 Site improvements incl. outdoor storage areas, driveways,parking areas, etc.: existing& S1 proposed 7 Setbacks for all structures and improvements: existing&proposed S1 8 Elevations and floor plans of all proposed and affected structures ARCHITECTURALS B. Water& Sewer Shown on Sheet# 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed S1,S2 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site water supply and septic S1 3 Separation distances for proposed sewage disposal system to well and water bodies S1 4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location,designand construction of water supply includingdailywater usage Si 5 Percolation test location and results TBD IN SPRING C. Parkin /Permeable Areas Shown on Sheet# 1 Number of spaces required for project including calculations and justification: existing& S1 ro osed 2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing material [e.g., gravel, paved] S1 3 Provision for pedestrian and handicap access and parking: existing&proposed S1 4 Design details of ingress,egress, loading areas and cutting: existing&proposed S1 5 Location and character of green areas [existing and proposed],modification to green area,buffer S1 zone to remain undisturbed 6 Li htin , location and design of all existing and proposed outdoor lighting ON BLDG @ DOORS D. Additional Site Develo ment and Miscellaneous Shown on Sheet# 1 On-site&adjacent watercourses, streams, rivers, lake and wetlands S1 2 utility/energy distributions stem [gas, electric, solar,telephone]: existing&proposed S1 3 Location, design and construction details of all existing and proposed site improvements S1 including: drains,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 N/A activities: existing&pro2osed 5 Si na e: Location, size,type,design and setback: existin &proposcd N/A 6 Waiver Request: provide letter with application requesting any waivers: please reference NONE specific items 7 Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Gradin &Lighting Plans N/A 8 Identification of Federal, State or County permits required for the project together with a record of application for all necessarypermits N/A Page 5 Area Variance [ZBA approved: September 2120161 Pre-Submission Conference Form/Section 179-9-040 1. Applicant Name: Tamarra Ellsworth 2. Tax Map ID 288.8-1-29 Location: 15 French Mountain Drive 3. Zoning Classification RR-3A 4. Reason for Review: Aeuq Du tom. -- �, Ua ?r 5. Zoning Section#: 6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by Deed r/ _ General Information complete Site Development Data Complete Setback Requirements Complete ✓, Additional Project Information Complete FAR addressed Compliance with Zoning Ordinance Checklist items addressed Environmental Form completed Signature Page completed �f• 1 j 5e4 a `D_ui--Q L-1 CCA L ,_ d Cc (t i flha2 v �`` V r T C SL l Staff Representative: QL0 Applicant/Agent: Date: { i Page 6 Area Variance [ZBA approved: September 21 2016] 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 the following: Variance Site Plan Subdivision For Tax Map No.:. 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: Tamarra Ellsworth Designates: Hutchins Engineering as Agent regarding the following: Variance ✓ Site Plan Subdivision For Tax Map No.:288.8-1-29 Deed Reference: Book5454 page 59 Date 10/28/16 OWNER SIGNATURE: DATE: 2-_ 12. -► 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 engin ecring 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 kiE UIRED: 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 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 a ree to the above. Tamarra Ellsworth 2 — 12- t Signat p an 4 Print Name[Applicant] Date signed Lucas Dobie,P.E. ignature[Agent] Print Name[Agent] ate signed Page 7 Short Environmental Assessment Form Part I -Project Information Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Tamarra Ellsworth Duplex Project Location(describe,and attach a location map): 15 French Mountain Drive,Town of Queensbury,Warren County Brief Description of Proposed Action: Construction of a duplex residence and associated site work Name of Applicant or Sponsor: Telephone: (518)429-6642 Tamarra Ellsworth E-Mail: tamarraellsworth@gmail.com Address: 7 French Mountain Drive City/PO: State: Zip Code: Queensbury NY 12804 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: ❑ ❑ Town of Queensbury Building Department 3.a.Total acreage of the site of the proposed action? 0.68 acres b. Total acreage to be physically disturbed? 0.33 acres c. Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.68 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial [Z]Commercial m Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑ LI— b. b.Consistent with the adopted comprehensive plan? ❑ ❑ Z 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ❑✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify:_ ✓❑ ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES Z ❑ b.Are public transportation service(s)available at or near the site of the proposed action? ❑✓ ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑✓ ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: lusulatien-8 i ❑ ❑✓ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: Individual On-site Well ❑ ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment:Individual On-site Wastewater System ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑V ❑ b.Is the proposed action located in an archeological sensitive area? ❑ ❑✓ 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑✓ ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: EZI 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? F77 ❑ 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ a. Will storm water discharges flow to adjacent properties? m NO YES b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: NO YES Small portion of drive to roadside swale Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: -- — ❑✓ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: M ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: -A aA �L L s,��}�� Date: Signature: PRINT FORM Page 3 of 3 Agency Use Only[If applicable] Project Date: Short Environmental Assessment Form Part 2 -Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ F-1regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate Ll reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? ❑ ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands, waterbodies,groundwater, air quality,flora and fauna)? ❑ ❑ 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? ❑ ❑ PRINT FORM Pagel oft Agency Use O [If applicablel Project- Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT FORM Page 2 of 2 WARREN COUNTY—STATE OF NEW YORK rIM PAMELA J.VOGEL, COUNTY CLERK 1340 STATE ROUTE 9, .F LAKE GEORGE, NEW YORK 12845 �*evtttin,� COUNTY CLERK'S RECORDING PAGE 'THIS PAGE IS PART OF THE DOCUMENT—DO NOT DETACH*** Recording: Cover Page 5.00 Recording Fee 35.00 Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4.75 TP584 S.00 BOOK/PAGE: 5454 / 59 RP5217 - County 9.00 INSTRUMENT #: 2016-7614 RP5217 All others - State 241.00 Receipt#: 2016415613 Sub Total : 315.00 clerk: LB Rec Date: 11/07/2016 02:23:05 PM Transfer Tax Doc Grp: RP Transfer Tax - State 170.00 Descrip: DEED Num Pgs: 4 sub Total : 170.00 Recd Frm: MCPHILLIPS FITZGERALD & CULLUM LLP Total : 485.00 Partyl: ELLSWORTH HOLDING LLC **** NOTICE: THIS IS NOT A BILL ** Party2 : ELLSWORTH TAMARRA M Town: QUEENSBURY �**** Transfer Tax ***** Transfer Tax #: 841 Transfer Tax Consideration: 42500.00 Transfer Tax - State 170.00 Total : 170.00 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. MCPHILLIPS FITZGERALD & CULLUM LLP 288 GLEN STREET Pamela I Vogel PO BOX 299 Warren County Clerk GLENS FALLS NY 12801 i e 1 N.Y.WARRANTY DEED WITH LIEN COVENANT v l: ;bD This Indenture, made the 28TH day of OCTOBER, 2016, Between ELLSWORTH HOLDING LLC, a New York limited liability company with a mailing address at 1784 Route 9, Lake George,New York 12845, party of the first part, and TAMARRA M. ELLSWORTH, residing at 167 Cronin Road, Queensbury,New York 12804, party of the second part, Witnesseth that the party of thefirst part, in consideration of Ten Dollars(510.00)lawful money of the United States, and other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, her heirs and assigns forever, ALL THAT THOSE CERTAIN PIECE OR PARCEL OF LAND MORE PARTICULARLY DESCRIBED ON SCHEDULE "A" ANNEXED HERETO. Subject to all covenants, restrictions and easements of record. This conveyance does not constitute a conveyance of all or substantially all of the assets of the party of the first part and has been approved by the vote of a majority of the members. Together with the appurtenances and all the estate and rights of the party 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 the party of the first part covenants as follows: First, that the party of the second part shall quietly enjoy the said premises; Second, that the party of the first part will forever Warrant the title to said premises. Third, that, in compliance with Sec. 13 of the Lien Law, the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose ofpaying 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. -1- In Witness Whereof, the party of the first part has signed by its duly authorized member as of the date first set forth above. ELLSWORTH HOLDING LLC by: t Danie ,. Ellsworth, Sole Member STATE OF NEW YORK ) )ss; COUNTY OF WARREN ) rk On the D day of Ove-�� , 2016, before me, the undersigned, a notary public in and for said State, personally appeared DANIEL L. ELLSWORTH, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted,executed the instrument. NOTARY P[JBL1C Record&Return to: Edward P.Fitzgerald,Esq. EDWARD P FITZGERALD McPhillips,Fitzgerald&Cullum L.L.P. Notary Public,State of New York P.O.sox 299 Warren Go.#02FI6217689 Glens Falls,NY 12801 Commission Expires Feb.16,20-Lb -2 - SCHEDULE "A" 15 French Mountain Drive Town of Queensbury Tax Map #288.8-1-29 "All that certain plot, piece or parcel of land,with the buildings and improvements thereon situate, lying and being in the Town of Queensbury, County of Warren, State of New York, and more particularly described as follows: BEGINNING at an iron pipe set in the ground at the north-easterly corner of lands of Fred Sleaster running from thence South 88 degrees and 43 minutes West along the northerly bounds of the said lands of Sleaster,200.00 feet to an iron pipe set in a stone wall at the northwesterly corner of the said lands of Sleaster, running thence North 06 degrees and 47 minutes East along the center of the said stone wall, 150.00 feet to a point therein for a corner; running thence North 88 degrees and 43 minutes East,200.00 feet to a point for a corner in the westerly bounds of a proposed fifty foot street; thence running South 06 degrees 47 minutes West along the westerly bounds of the said proposed street, 150.00 feet to the point and place of beginning. Bearings given in the above description refer to the magnetic needle as of April, 1963. TOGETHER with the right of ingress and egress over and across the above mentioned fifty foot proposed street from the Farm to Market Road to the above described parcel of land. SUBJECT to a certain easement of right of way previously conveyed to George Stiles and Emily Stiles, his wife, which said right-of-way lies over premises herein conveyed for the purposes of laying and maintaining a water pipe line and for the purposes of obtaining from such pipe line,water for domestic use. The transfer of title effected by the prior conveyance was intended to and did quit claim and convey to Charles and Ceola Cullen all of any right, title and interest of the party of James T. Coughlan to the maintenance of an existing water pipe line crossing the subject premises and the use thereof for the purpose of obtaining necessary water for domestic use therefrom all in common with any other entitled thereto, whether of record or otherwise." Being a portion of the premises conveyed from HOWARD COOPER a/k/a MIKE COOPER a/k/a MICHAEL COOPER to ELLSWORTH HOLDING LLC by deed dated November 29, 2014 and recorded in the Warren County Clerk's Office on December 4,2014 in Book 5080 of Deeds at page 22 as instrument#2014-7736. -3- --RD S— F— ............. Foil STABILIZED CONSTRUCTION SEDIMENT CONTROL FENCE DETAIL ENTRANCE DETAIL WELL DETAIL Q-j 2-11.1 ABSORPTION TRENCH SEMON ABSORPTION TRENCH PROFILE SFPTIC TANK DETAIL 001, ON OR RE�Ico b. No FOR sena vrecmcre TAX MAP#296.5-1-4.2 GRAVEL DRIVE DETAIL DETAIL SHEET —,Ith 15 French I+ountain D.ive H-h—E —.—q 291061-01-S3 �q