Application and Supporting Documents Z A March 2018
New Business
Area Variance
Z-AV-19-2018
Diana and Matthew Seders
42 Eagan Road
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1 ON F SE BI R
D74 2 r l € rpd, Qat-nsimpy, AJC". 12801-5902
Fobnu4y 8,2018
'Diana Suders
42 Eagan'Road
Queensbury,NY 12804
Re: Proposed Duplex
42 Dagen Road .3 .1
Tax Map Parcel: 3+9.17-1-9
Dear Ms. uders;
X am writing you with regards to my review of the a ve-referenced project and to docummt the
recent conversations bemeen you and Laura Mooro;of my office. -
Upon my review I find that your proposal will require,an Area'Varimtee prior to the issuance of
building permit for tho project. A Variance is required as your plan offers the construction of a
second dwelling unit(duplex)without tho required land area or density.
I understand that you are preparing the nwvssary appligation materials. As such, this [atter will
servo as the n essary denial letter for the processing ofyour appiieation.
h.ould you have any questions or comments regarding your application, please do not hesitate to
oentact this offi9e,
inely,
Cto
Craig Brown
Zoning Administrator
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ATe&VatiBUWSBA q mved; September 2I 20161
-Abmissian Cop&jrenm Fo m!S flan 179-9-040
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1. Applicant Name. A p Ljj is,-t' c'
3, Zoning classification
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6. Fre-Suhmission Meeting Notes., Provided .OuUUnding; Please provide by
Deed
Genorai-Information o xmpiet _
Site Development DaU Complete (3. I
Setback Roquiiements Completeu a`ce
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Staff Representafive: f' f
Applict 1 Agent:
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PA UL E.1'ormrF 77AWI-LF11, PoN,ni.F, STEWART & RHODES, P.C. KAR6h3ViLI.1gpf$130--T74FR
ALAN R.Rnanfs f ELISAS TH 13, MAKONf-Y
RoaERr S.hicHiLLEN ATTi)RNEYS A-r LAiv JOHN D.W RIGHT
PIIILLP CL Mc11J77RE P.o, Box 21-68 JESSICA HPGAUDNE VTRSLIK
AIA ICK A.1.PfIn;VJTZ ONE WASEIKCTOfti STREET
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�1.�L.#;OL7�i>�.O*ElARh GLENS )�ALL5, NEW YORK 12901-211% BENJAMIN R.PRhil',.�R,
QF COUNSEL
PATIUCIh E.WATKINS
AULRK C.CEEMAiKO
BRUCE=O.Lirinxi TELEPI I0I4 E 01 Al 792_2117 RICHARD J.BARTLETT
PAVIA NADEAU BERURE 1�A.1'15161797-3309 19zf�1015
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JAMES R.BURKMT W 1ilmpin www.bt nrtsw.can 1932,2001
T@FhNm Di L.%LLO BLTTER BERTRANi J.DU 9E
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RECOVED <
Chairman Harrison Freer FEB � � ��
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February 15, 2018 A
Zoning Board of Appeals
Town of Queensbtuy � N OAkNG 81 UR`:!
742 Bay road pLANEACE
Queensbury New `fork 12804
Ike: Diana and Matthew Suders Area Vadan Z-X411-1 -2018
42 Eagan Road Diana & Mcafthew Seders
Tax Map Parcel 309.17-1-9 42 Eagan Road
Dear Chairman freer:
Please be advised that our law firm has been retailed by Diana and Matthew Suders with regard to
this area vadance request. The Suders have a raised ranch style home which is located on .77 acre
parcel in the MDR Zone, Due to the sudden loss of Mrs. Suders' father,firs. Suders' mother began
living with then in 2 016, The S uders have found that having Mrs. Sutlers' mother with them is
beneficial for her and the family. However, it is very difficult for Mrs. Suders' mother to live in the
current home, because it does not provide for one story living. She is currently having knee
problems, and the existing home's layout is causing her to be isolated in the home. As a result,the
Suders are proposing to construct an addition to the home which would allow for her to have her
own living area, with a garage .
When tie Surfers purchased their home in 1996, it was understandable, that they didn't anticipate
the need for having a one story living environment for a parent. The proposed new addition wi11 be
constructed off ofthe back of the existing residence. It will be 36'by 24' (864 squame feet)and will
also have a connecting 16' by 0' (320 sgoare foot) garage. This new addition will not directly
connect to the existing house and will be entirely constructed for one story living. Due to this
addition not having a coruiection to the home,the structure will be considered a duplex. to thio MDI
Zane, to have a duplex on a parcel that maintains public water but private septic requires 4 acres.
With the Suders parcel being only .77 acres, relief is required for the failure to meet the lot size
requirement for this project.
When evaluating this request, the Board has to weigh the benefit to the Applicant versus any
detriment this variance could provide to the community. The benefit to the Applicant is obvious,
this will allow the Seders to properly care for their mother in a close proximity to their home.
Chairman Harrison Freer
Zoning Board of Appeals
February 15, 2018
Page
DIXU i-9523536-YJ-surfers cover .Icklcr,WIT
Although relief is needed ficin the lot size requirement, the addition meets all other requirements,
and will not be encroaching into any setbacks or failing below the necessary green space percentages.
The addition will be constructed in a good workman like mariner and will have siding which
matched the house so that it will not impact the aesthetics of the home. The existing vegetation will
remain so that there should not be any negative impacts anticipated to the adjacent parcels. Overall
the benefit to the Applicant clearly outweighs, any detriment that could occur from the granting of
this variance.
Please place this on the Zoning Board ofAppeais March 2 ,2018 agenda. I have enclosed a the$50
application fee, the Site flan Application, the floor plan of the addition, the deed and a copy of the
original survey. Please be advised that the builder had sketched the addition on the survey. This
sketch is provided in this submission. We would request that this sketch be considered sufficient
for this review,since we are not seeking a setback variance, and a waiver be granted for the survey
requirement. In addition, the builder is working on elevation drawings and will nave them for the
meeting. If anything further is needed for the review of this matter, please contact me.
Sincerely,
JBarltt� ontiff, rt & Rhodes, P.C.
iL o Bitter
Direct Lure: (518) 832-6419
Direct E-mail,- rt xyrfapoxom
DB
cc: Diana and Matthew Suders
9523536
Ares Valiance [ZBA approved- Segmiber 21 2016i
General Information
301-17-1-9
Tax Parcel ID Number,
MDR
Zoning District:
Area variance Z-AV-2 � �1
Mailed Description of Project [include current c proposed use]:
SINGLE FAMILY RESIDENTIAL Drano & Maffhew Sugars
cul-rent Use: 42 Eagan Road
DUPLEX
Proposed Use-
42 EAGAN ROAD
Location of Project:
A p[iitdnt Name. DIANA&MATTHEW SUDERS Mailing Address 42>FAGAN ROAD
Home Phone City, Shite, zip 2i
QUEENS BURY ICY 12801
ork Pla ne � ellT 6",�s- -
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dsuders roaadrunnor.co n
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r gent's 1 aGRie: B-P-S-Ft. LAW PLLC Mailing A-ddress 0 1;WASHINGTON T
Home Phone City, Lite zip GLENS FAILS 12801
Work Phone. : 518-832-6419 Cell Phone
E-ro itSDB BPSRLA -CbM f To;
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Owner's NaFhe. SAME AS APPLICANT Mailing Address
cli ', state, zip
Work Phone ..Ceil Phone
L'-mtai l W(No.
Page I
Area V&d anCe mBA¥pro ; Scp(ember 2120161
Si! Development Data
Are aZType Existing . / posW TATA 4w .
« Addition.s , f ,
k. Building footprint 2000 1184 31
B. Detached Garage N/A
C. Accessory Strdue(gNIA
D. Paved, gravel orothe hard surhoedarQ !fin 0 1000
mPorches/Dp�c444 448
F. Other
Q, Tota N - 1 [Add q M4 1408 3632
Parcel �ea 143,560 sq- ft- /tee 6 . 32956
I. Per"ntage. of Impermeable &ear Site [ Cj/H 7% 11%
Sethack Requirements
Ba ke i 7d \ ~ R ¢ / t m posod
Front Yard [1] 9G44.5 44.5
Emm Yard [2) 4 ;!
Shoreline
� .
Side Yard [t 25 45.3 Zia
Side Y ds} 25 40.1 30
Rear Yard [1] 30 157.1 GE|
Rear Yard [2
Travel co r
Hdglit [axi u
Pemieability !B3 89%
Numb of parking¥e= ] Pugc2
Airea Variance [ZBA approved- September 21 2016]
Additional Project Information
I, Will the proposal require a Septic Variance firom the Town Board orHealth7 NO
2, if the parcel has previous approvals, list application number(s), NO
3. Does this project require coverage under the New York State Pollutant Discharge Elimination Sygain (S PDLS)Permit
Program? _Yes I X No
4. Estimated project duration: Start Date: 412018 End Date: 7!2018
5_ Estimated total cast of project: $160,000
6. Total area of land disturbance for project: 1 000 SQ.FT.
Floor Area Ratio Wore
FLOOR AREA RATIO (FAIL) -- 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.
oni��gl istrict mta"I; "' Floor'Atr,aRatio [FAR].
Waterfront Residential Wit 0.22
Camrnereial Moderate f Commercial CM 1 C1 4.3
lntemiive
Ati, The combined area of all square footage, as measure from exterior walls ofalI 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 foouage does not include: Open deck, docks and that portion of covered docks extending
over water aad one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be
included, (See"FLA)OR AREA RAT] "}.
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 surd total of all floor areas of the principal and accessory bui Idings or structures
on the project site.
Parcel Arca sq, ft.
Existing Floor Area isq. ft, [see above defin ition
Pro osed Additional Flour Arca sq,
Proposed Total Flaor Arca
Total Allowable Floor Area F 79U356---
.5 (Area x see above table
Page 3
Compliance with Zoning Ordinance
Requesting relief from SECTION, 179-3-
Need relief from the requirements) listed below which cannot be met by the project as proposed.
[check all that apply] [] Setback [I Buffer Zone [] Lot Width [ ] Other Lot Size
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?
The d addition will be along the back of the existing residence. It will have little
visibili from#lie road. The only ification that will be seen from ft roadside will
be the garAge. Althougb the proposed addition will not meet the lot size mquirements, it
does meet all setback and green s oe requirements. Moreover. even with the addition
being constructed in f the parcel. it will still maintain a 12.1 f t setback from
the rear property line. It should also be noted that this property to the rear is awned by the
Town of Queensbury. There is qisge ve etation along the property ling. ver Il
this lditioln should not be considered to produce an undesirable.chart a or a detriment
to nemby properties.
. 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. Due to this lot being under an acre, any type of additi_cn would require relief. Having
this be considered a du lex and se ar m the house will obviously providefor
rivac for M ' mother. However, the main reason the nnectivity was not
done was because it would have to have be dote with stairs, and at this time. Mrs.
uders' mother emmot n2xv_igate stairs.
3. Whether the requested area variance is substantial?
No this relief should not be considered substantial, since the only re ui rnent it does not
mcetislotsize. All other Mguirernents are met. Asa resultoverall this should not be
considered "too large' for the lot. since it can meet setbacks and green spge. Moreover.
the only visual chane fmm the road will be the expansion to the garape. So there will be
minimal visual charge to the area.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
No. There i11 be no encroachment on the a acks with this addition and a limited
physical change to the roadside view of the house. The additi n will have siding to match
the house and will not reduce the aesthetics of the home. It will allow for the, additional
vehicle to be placed into the garage. which should be considered an improvement. As a
result.this will only he an imn mvernent to the area as well as an improvement to the
family's living accommodations,
5. Whether the alleged difficult was self-created?
This lot was .77 acus when it was develo ed. As a result thi a di Mob should not be
considered entire[y self created since the M uirement f r this lot was incnmsed a er i
was developed. AU chats to this home would required a variance clue to the increased.
lot size requirement.
Area VariaMe [ZD k appmved_ Suptcmber 21 2,0 J 61
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 rnap(see page 00 for
specific criteria)and include any other attachments that address A-D as applicable to the proposed project.
c 1 :F $ bourn an Jtieet
Title,Name, Address of applicam & person responsible for pre aradyn of drawing survey
2 Deed attached
3 North arrow,Tax Map ID, date prepared and scale minimum. 1 inch = 40 feet surv(eY
4 Boundaries of the property plottM to scale, zQnin&boundary survoy
5 Pri ncie2l structures, accessory structures with exterior dimensions attached
6 Site improvements incl. outdoor storage areas,driveways, parking areas, etc.: a istillg survey
proposed
7 Setbacks for all structures and improvements: existing& proposed survey
9 Elevations and floor plans of all pro2ased and affected structures wiII be providcd
B. atix,& Sewer .s x. I Sho h.on Sheet #
I Project sewage disposal facilities, design details,construction details, flow rates, and number of septic existing
bedrooms proposed
2 Water supply [i.e. we 111 &septic on adjoining lots with separation distances to existing or public
proposed on-site water supply and septic
3 Separation distances for proposed sewage d i spoW system to well and water bodies n1a
4 Existing public or private water supply [well, lake, etc,], Method of securing public or private public
water, location des i n and construction of water su pp ly includ ing da i ly water u e
5 Percolation test location and results nfa
#:: ;Parkin .l Permea61e as. ` : tr` n wheat#
Number of spaces required for project including calculations andjustification, existing 8c maintained
proposed
2 No. of existing parking spaces, nurnber to be removed, number to maintain and type of surfacing maintained
material re.g., gravel,payed]
3 Provision for pedestrian.and handicap access and parkin • existing 8r proposed ala
4 Desi i details of iri s, egress, lead in areas and cutting. existing proposed survey
5 Location and character of green areas [existing and proposed], modification to green area, buffer waivw-
zone to remain undisturbed
6 Lightii!& location and design of all existing and propsW outdoor G iting waiver
1 *. :} dditi nal Site I evelo prheql and i we Shown an $hp, .
On-site& ad+acent watercourses, streams, rivers, lake and wetlands nla
2 UtiIi 1 energy distribution system eiectric,solar,telephone]: existing&_proposed existing
3 Location, design and construction details of all existing and proposed site improvements survey
includin : drains culverts,reta i n ing walls, fences, fire & eivicrgency zones and h Brants, etc.
4 Square footage of bldg. area proposed for office,manufacturing, retail sales or other commercial residential
activities: existing Sr proposed
5 Signage. Location size, tya, design and setback- existing pmposed nla
6 Waiver Request; provide letter with appiication requesting any waivers: please reference cover letter
specific items
7 1 Coin mercial f Industrial Development requires submission of Landscaping, Storm Ater nla
Dana ment,Gradiag& Lighting Plans
8 identification of Fedem1, Mate or County permits required for the praject together with a record rola
of application for all necessa ermits
Page 3
Area VaiiaEce JZBA approved_ 5cptcmher 21 20161
Pro-Submission Conference Form 1 Section 174-9-040
1. Applicant Name. �("4} � �c C, c� �L, i
2. 'T'ax Map TD �{J { � Location: c
3. Zoning Clamil;eation
4. �
l�easan for Review: �.rC��. i 't~a�
S. Zoning lection 4: �� y �` `# "�
6. Pre-Submission Meeting Notes- Provided Outstanding; Please provide b
Deed J "
aeTieral Information complete
Site Development Data Cornpiete, C C ("k A
Setback Requirf rnents Complete tax rP4 0 w{ec
Additional Project Information Complete � irC+-t_ .-7
FAR addressed
Compliance with Zoning Ordinance _Z2�,
Checklist items addressed s„ t l r _rJ-t rt" VNSI,
Environmental Form completed
Signature Page completed
LID
'
ix
'S` 4 (i t�- 4 (X �4- .]I �Vr f i r I F f l.�!I C__ (-,A
or
1Deed
Ir
C •{�_T- if
Staff Representative;
Applicant I Agent; Date:
�agc G
Arca WffianCc [ZBAappNved; Scptmbcr212416]
This pace includes the 1.)Author]zation to Act as Agent Form: 2.) FngineerIng Fee Disclosure;3.)Authorization for Site Visits„4.)
Other Pfermit Respcmibiktics; 5.)Official Meeting Disclosure and 6,)Aorucment to provide documentation required.
OWN 'a AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant;
Owner, Marra and Mat thew„Sudety s
Designates: as Agent regarding the following:
Variance X Site Pian_ Subdivision
for Tax Map No-:_ . -- Deed Reference: Book Page__ Date
OWNER SIGNATURE: AATIE:
AFFtAC'ANVSACE N- T FORM: Complete the following if the.APPLICANT is unable to attend the
meeting or wishes to be represented by another party:
Owner:
Designates: _ as Agent regarding the following:
Variance Site Pian Subdivisim
For Tax Map No,-, Deed Reference: Book Page._ Date.
OWNER SIGNATURE: HATE-.
2.) ENGIN IZER1NG IFEE 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 oxceed S 1,000 without notification to the app lic-ant,
3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the appiicnion materials attached herein, the
Owner, Applicant,and hislheritheir agents}hereby authorize the Zoning Board or Plaanirig Hoard and Town Staff to enter the subject
properties fix-the purpose ofrevie ing the application submitted.
d,) OTHER.PERMIT RE PONSIBILITIES- Other permits may be required for a stmction 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 1)ISCLOSURE: 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 tapas
constitutes the official record of all proceedings.
b.) AGREEMENT TO PROVIDE DOCUMENTATION RF,OUIRED. 1,the undersigned, have thoroughly read and undersUnd
the instructions for submission and agree to the submission requirements, I acknowledge no cowtructiozi activities shail be
conunenced prior to issuance of a valid pennit. I certify that the application, plans and supporting materials arc a true and compIm
statementide.scription 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 I1we may be requited to provide an as-built
survey by a licensed land curveyar of all newly constructed facilities prior to issuance ofacertificatc of occupancy
I ha cad an agree to the above. ]]
� Iet� &O�
J r t re [ pp ' Yr erne �4ppl nt�]--� � Date signed
� y
j to a Crit] Print Naive [Agent] � � Date signed
Fuge 7
TOWN OF QUEENSBURY
742 Ray Ruiid, QGitlepi. pirry, NY. 12804-5902
p'ebruary $,?0 L S
Diana Saders
42 Eagan Road
ueenshury.NY 12904
Re., Proposed Duplex
42(Eagan road
Tax Map Parcel, 39.17-1-9
Dear Ads. Suders:
1 am writing you with regards to my review of the above-referenced project and to document the
recent conversations between you and Laura Macre;of my office.
Upon my review 1 find that your proposal will require an Aram Variance prior to the Issuance of a
building permit for the project, A Variance is required as your plass offers the cons"ction ora
second dwelling unit(duplex)without the required land arra or density,
I understand that you are preparing the necessary application materials. As such, this letter will
serve as the necessary denial letter for the processing of your application.
Should you have any questions or comments regarding your application, please do not hesitate to
contact this office.
Sincerely,
01b
Craig Brown
Zoning Admllnistmtor
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i BMV CONSTRUCT0.4 CCMPARY, IMO.
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StSla at New York 016thfs 13 day of �-i�`.-1�
County of WACUtW ffinoteen Ifaindrfd and Ninety-mix
Irsfurm urs putaotrully ca7rta
Nfelsee2 O'Sfek
to rtte yeraonalfy known, who, baing hu uza deity Riularrxr did depuae and Say 17we
he reaid8a irk , .JEW Ynrk thad he 4
4116 Frealdant of BMV CunEClvoEfan Company, arse.
the earpuradon d4aorffrad i7s,a?pd-WhIVA ere as ted,the uhthfra Instrument;that he
knaava the seal of safd eorporadan, that the seal affdserl to Said hiserurr►ent 1a
such corporala send; that it was so a#Lred by order of the Ifoard of DimetarS
of sold corporadam, rind tlea f. he aigned rmmz tiremea by tike order.
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