Loading...
Application TOWN OF QUEENSBURY 742 Say Road, Qra x ashu:y, HY12804-5902 May 22, 2018 Tina&. Adam Murray James& Donna Barker 486 Luzcrne Road 480 Lucerne Road Queensbury,NY 12804 Queensbury,NY 12804 Re- Lot Line Adjustment 486 Lucerne Road and 480 Luzerne Road Tax Map Ala. 308,10- -3 (Mun-ay) 1 Tax Map No. 308.10-2-4 (Barber) Dear Mr.and Mrs. Murray {Mr, and Mrs. Barber. 1 am writing you with regards to my review of tfle above-referenced project. As f understand, you are proposing a lot Iirie adjustment between the M urray's parcel (Lot 3, 0.88 acres)and the Barber's parcel (Lot 4, 0.88 acres). The Murray's parcel would be increased to 0.93 acres and the Barbers parcel would be decreased to 0.83 acres, Area Variance relief is required from the dimensional requirements for the M Did zoning district_ This letter serves as your denial letter for the processing of your application_ houId you have any questions or comments regarding your application, please do not hesitate to contact this office. Sincerely, C�� Craig Brown Zoning Administrator CB1sh Cc. Elizabeth Little, Esq. L.1Craig Bruwn12038 Lek m%0enial Murray and Barber 5_22_18_doe •• Houac of Natrlral Boajgty ... A Goon Place to Litre " I-ATTLE, ' N Eg P.C. NINFTE E'N' wE.ST ; O t RE UA,ItE.STREET-P.O.BOX 898 GLENS FALLS,NEW YORK 1290t-0898 MICI IA.EL,I.O'CONNOR TF LUMONE-51 R 792-2113 BRIAN C.BORIE FACSIMILE-518 792-6972 FAX SERVICE NOT ACCEPTED NA"T'IIAN P.}-TALL J.DAVID LITTLE_RETIRED ELIZABETH E, LITTLE.OF COUNSEL May 14, 201.8 Cram Brown Zoning Administrator Town of Queensbury 742 Bay Road Queensbury, NY 1.2804 RE: Area Variance Request of Adam and Tina Murray & .lames and Donna Barber 486 & 480 Luzerne Road, Town of Queensbury Lot no. 308.10-2-3&4 Dear Mr. Brown: Inclosed please find my clients' application for an area variance. As we discussed, the Murrays seek to have a boundary line adjustment to reflect the long time usage of the property on their eastern boundary with. the Barbers. If approved the Barbers plan to deed 0.05 acres to the Murrays so that the Murrays can take care of the downed and rotted trees. These trees are visible in the attached photographs. As stated by the Barbers in a handwritten note enclosed herein they do not have the funds to pay for a survey of their own lot and hope that the Town accepts the Murray's survey which now notes the corners of their home. I have enclosed one original and fourteen copies of the following: 1.) the signed application; 2.) signed pre-submission meeting notes, 3.) signed, dated and stamped survey; 4.) copies of both.deeds; 5.) photographs that depict the area of the proposed boundary line adjustment that shows a downed tree; G.) the proposed boundary line adjustment agreement, 7.) a$50.00 check and 8.) a letter with handwritten note requesting a waiver of the survey requirement. Please let me know if your office is in need of anything else. Thank you. zabeth E. Tttle, /,Attorney for Adam and Tina Murray Area Variance[ZBA approved: September 21 2016] General Information 308.10-2-3(Murray) Tax Parcel ID Number: 308.10-2-4 (Barber) Zoning District: MDR Detailed Description of Project [include current&proposed use): Current Use: residential Proposed Use: residential 486 Luzerne Road, Queensbury NY(Murray) Location of Project: 480 Luzerne Road, Queensbury NY(Barber) Applicant Name: Tina &EAdamurray Mailing Address 486 Luzerne Road Jamesa Barber480 Luzerne Road Home Phone (518)7 (Murray) City, State,Zip Queensbury, NY 12804 Work Phone (518)792-6469(Barber) Cell Phone (518)307-1750 (Murray) E-Mail: FAX No. Agent's Name: Elizabeth Little Mailing Address 19 West Notre Dante Street Horne Phone City,State,Zip Glens trails, NY 12801 Work Phone ()518)792-2113 x314 Cell Phone (518)232-2559 E-mail FAX No. Owner's Name Tina&Adam Murray Mailing Address 486 Luzerne Road James& Donna Barber 480 Luzerne Road Home Phone (518)792-02178(Murray) City, State,Zip Work Phone (518)79206469(Barber) Cell Phone (518)683-8091(AdamMurray) E-mail FAX No. Page t 3 Area Variance [ZBA approved:September 2[2ot6) Site Development Data Area 1 Type Existing sq.ft. Proposed Total sq.ft. Additions .ft. A. Building footprint MURRAY 1104 0 1104 B. Detached Garage C. Accessory Structure(s) 192 0 0 D. Paved,gravel or other hard surfaced area 696 (approx) 0 0 E. Porches f Decks 847 0 0 F. Other G. Total Non-Permeable [Add A-F] 2,839 2,839 H. Parcel Area [43,560 sq. ft./acre] 40,000 2,337 42,337 1. Percentage of Impermeable Area of Site [I=GIH] 7% 0 6.7% Setback Requirements Area Required Existing Proposed Front Yard [1] 30 feet 50 feet(approx) no change Front Yard[2] Shoreline Side Yard[1] 25 feet Side Yard[2] Rear Yard [1] 30 feet IX1 feet(approx) no change Rear Yard [2] Travel Corridor Height [maximum] Permeability 50% 5.7% 5.4 % Number of parking spaces rage 2 Area Variance jZBA approved:September 2120161 Site Development Data Area/Type.. Existing sq.ft. Proposed Total sq. ft. FBui'lding footprint Additions .ft, BA1213E�1 0 1440 . Garage 888 - C. Accessory Structure(s) 196 q 0 D. Paved, gravel or other hard surfaced area 696 (approx) q 0 E. Porches/Decks 160 q 0 F. Other G. Total Non-Permeable [Add A-F] 2,684 q 2,684 H. Parcel Area [43,560 sq. ft./acre] 40,000 -2,337 37,663 I. Percentage of Impermeable Area of Site [I=G/HJ 6.7% q 71% Setback Requirements Area. Require . Existing : . Proposed Front Yard [1] 30 feet feeta rox ( PP } no change Front Yard [2] Shoreline Side Yard [1] 25 feet front corner 28.5 feet, front corder 25.6 feet Side Yard [2] back corner 32 feet back corner 28 feet Rear Yard[1] 30 feetrox feet a �---.— E PP ) no change Rear Yard [2] Travel Corridor Height[maximum] Permeability 50% 6..7% 0 7.1 /o Number of parking spaces Page 2 Area Variance[Y,BAapproved: 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): no 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit Program? —Yes/x No 4. Estimated project duration: Start Date: n/a End Date: n/a 5. Estimated total cost of project: 0 6. Total area of land disturbance for project: Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet,yielding a percentage. Zoning District Symbol Floor Area Ratio [FAR] Waterfront Residential WR 0.22 Commercial Moderate/Commercial CM/Cl 0.3 Intensive 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. Parcel Area sq. ft. Existing Floor Area s . 7ft. see above de inition] Proposed Additional Floor Area sq. ft. _proposed Total Floor Area Qn ft. Total Allowable Floor Area (Area x ) see above table Page 3 Area Variance (ZBA approved: September 21 2016) Compliance with Zoning Ordinance Requesting relief from SECTION: 179-3-040 Dimensional Requirement of Need relief from the requirernent(s)listed below which can not be met by the project as proposed. [Check all that apply] ❑Setback. ❑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 change in lot size proposed is very small and will go unnoticed in the neighborhood as the proposed boundary line adjustment reflects the usage of the property since the 1970s. Many of the lots on the same side of Luzerne Road are also smaller than the one acre minimum. 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 3. Whether the requested area variance is substantial? The request involves only A5 acres. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? The variance will have little to no affect on the neighborhood. The parties have always believed that the land that will be transferred was owned by the Murrays or Tina Murray's parents who lived in the same house since the 1970s. 5. Whether the alleged difficulty was self-created? No.The prior owners believed that the area in question belonged to the Murray's lot and accordinly planted trees and used the property. Several trees have fallen down or are dead and need to be removed , R was not until the Murrays had the land surveyed prior to the tree removal that they learned of the property lines. Page 4 Ai-ea Variance fZBA 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 She # I Title,Name,Address of a licant&person res onsible for re aration of drawing 2 Deed 3 North arrow,Tax Map ID,date prepared and scale minimum: I inch=40 feet 4 Boundaries of the property g!9tted to scale,zoning boundary 5 Principal structures, accessory structures with exterior dimensions 6 Site improvements incl. outdoor storage areas,driveways,parking areas,etc.: existing& proposed 7 Setbacks for all structures and improvements: existing&proposed 8 Elevations and floor plans of all proposed and affected structures B. Water&Sewer Shown on Sheet# I Project sewage disposal facilities,design details,construction details,flow rates,and number of bedrooms proposed 2 Water supply[i.e.well] &septic on adjoining lots with separation distances to existing or proposed on-site water supply and septic 3 Separation distances for pK2posed.sewage disposal system to well and water bodies 4 Existing public or private water supply[well,lake, etc.]. Method of securing public or private water, location,desi n and construction of water supply including daily water usage 5 Percolation test location and results C..,. Parkin /Permeable Areas Shown on Sheet# I Number of spaces required for project including calculations and justification: existing& proposed 2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing material Le.g.,gravel,paved] 3 1 Provision for pedestrian and handica access andarking. existing&proposed 4 Desip details of ingress,Sgress, loading areas and cutting: existingA proposed 5 Location and character of green areas [existing and proposed],modification to green area,buffer zone to remain undisturbed 6 Lighting, location and desi&E of all existing and proposed outdoor lighting D.. Additional Site Develo merit and Miscellaneous Shown on Sheet# I On-site&adjacent watercourses,streams,rivers,lake and wetlands 2 Utility/energy distribution system as,electric,solar,telephone]: existing& ro osed 3 Location,design and construction details of all existing and proposed site improvements 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 :::4- activities. existing& ro osed 5 Si age:..Location,size,type,desi and setback: existin &proposed 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items 7 Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading&Lighting Plans 4 8 Identification of Federal, State or County permits required for the project together with a record of application for all necessary pen-nits Page 5 Area Variance [ZBAapprove& 5cplernber21 20161 Pre-Submission Conference Form/Section 179-9-040 1. Applicant Name: Adam C. &Tina L. Murray 2. Tax Map ID 308.10-2-3 _ Location: 486 Luzerne Road tine� 3. Zoning Classification �� tt lie 4. Reason for Review: L �l<<Lt� ✓5 �t # ccC €� �j ` 5. Zoning Section 6. Pre-Submission Meeting Nates: Provided Outstanding; Please provide by Deed ✓ _ General Information complete �ca z c, U �Z. Site Development Data Complete Setback Requirements Complete �, df_" l.cS_,::51 Additional Project Information Complete FAR addressed Compliance with Zoning Ordinance Checklist items addressed Environmental Form completed iA _ Signature Page completed �- NJ(.. (i`> Cite IA�nec_scct 4v G. Dri LC' - 'Y t c .SPG/ �e c An e L V �a a,.le car 4 l7 I 2 v (c S� �; �t f5� � c(Q (-- &w_c k ICA 412�1 cG� rpt ctL,,,- c. c % ') eC tom _ { Staff Representative: �_ -- Applicant/Agent: Date: 7 Ll_�' o Page 6 Area Variance [ZBAapproved: September 21 2015] This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering pee Disclosure; 3.)Authorization for Site Visits; 4.) Other Permit Responsibilities;5.)Official Meeting Disclosure and 5.)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: pplicant:Owner: Adam &Tina Murray Designates: Elizabeth Little as Agent regarding the following: Variance_ Site Plan Subdivision_ For Tax Map No.:308.10 2-3 Deed Reference: Book 139; Page 300 Date OWNER SIGNATURE: DATE: � � e 1 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: Designates: as Agent regarding the following: Variance Site Plan Subdivision For Tax Map No.: Deed Reference: Book Page Date OWNER SIGNATURE: DATE: 2. ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed S 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. AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED; 1, the undersigned,have thoroughly read and understand the instructions for submission and agree to g 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 red n re to to above. L t1 Sift A licant] Print Name[Applicant] Date si ne Of Sig ature[Agent] { — Print Name[Agent] Dfito 6igned Page 7 Al ea variance [Z€3A approved: September 2120[6) This page includes the l.) Authorization to Act as Agent Forth: 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 tate OWNER of the property is not the same as the applicant: Owner: dames& Donna Barber .w> Designates: as Agent regarding the allowing: Variance_ Site Plan Subdivision— q q � W y q-k ms For Tax Map No.:308,10-2-4 Deed Reference: Boo". Pag Date .._ i OWNER SIGNATURE:11(>"YvL - 3,. DATE: APPLICANT'S AGENT FORM: Complete tate 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 Plan Subdivision For Tax Map No.: Deed Reference: Book Page Date OWNER SIGNATURE: DATE: 2,) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed$ 1,000 without notification to the applicant. 3.1 AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner,Applicant,and his/her/their agent(s)hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submitted. 4.) OTHER PERMIT_RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits. 5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those tapes constitutes the official record of all proceedings. 6. AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to issuance of a valid permit. I certify that the application,plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed,I or my agents, will obtain a certificate of occupancy as necessary. I also understand. that I/we may be required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy I have read and agree to the above. S--�gnnattuurxe[App icant]�?� Print Name[ApplicoiRtl [y Date signed Signature[Agent] Print Name[Agent] Da !sigoW Page 7 E ° 3,38 PG: 300 08/03/2004 DEED "mag,.: 1 of 3 Al DOCUMEMT 4V 92.42 TYPE: DEE �RETT: 84 WARREN COUNTY CLERK 08/05/2004 132:10:00 P.M. 1340 STATE ROUTE 9 RECEIPT: 12698 LAKE GEORGE,NY 12845 PAMELA J. VOGEL 1518) 761.64261(518) 761-6429 WARREN COUNTY CLERK RECORDING COVER SHEET VOL: 4E� LIBER: 1398 PAGE: 300 EMP. INITIALS tJ � COVER.PAGE($5.00) #OF ITEMS a@$3,00 MORTGAGE TAX STAMP ATTACHMENTS I do hereby certify that I have received on the within instrument$ being the #OF PAGES TO VALIDATE amount of Mortgage Tax paid and$ special additional Tax and S ADDITIONAL FEE additional tax at the time of recording. ADDITIONAL NAMES Bated 41s ..s-b PAMELA.I VOGEL TOWN RECORDING OFFICER WARREN COUNTY,NY DOCUMENT TYPE D_U, CONSIDERATION _ (a� tbg6 Please fill in blanks below before submitting for recording, € PAGE VALIDATION Party(ies)of the First Part: EnIiELLACRc55 i Party(ics) of the Second Part: AbaM �y+ 1URR1 L.., n u `Ra r t Y HA •..............................................•......,.........•................................._.•...............................•.............i RECORDING STAMP i 72 RECORDED BY: f „ j z W.G. CRPwoy' 2 �� Et RETURN TO: P@CF._._All!) !-;,N,NNEII j� RR _ triWAI?i(F:. ;N;Y.H Y �a RECORDED BK: 1398 PG: 300 08/05/2004 DEED Image: 2 of 3 DOC- NENT" 0,.. 9242 LIBER= 1393 PAGE: f11 WARRANTY DEED NITS LIEN COVENANT ,Ld1 THIS INDENTURE, rade the 2 _ day of Two Thousand and Four Between Ethel LaCross, residing at 486 Luzerne Road, Queensbury, New York 12801, Grantor, and Adam C. Murray and `Fina L. Murray, residing at 23 Graves Street, Glens Falls, New York 12801, as Tenants by the Entirety, Grantees, Witnesseth that the Grantor, in consideration of One Dollar ($1.00) lawful money of the United States and other good and valuable consideration paid by the Grantees, does hereby grant and release unto the Grantees, their successors, heirs and assigns forever, 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 on the northerly side of the Luzerne Road at the southwesterly corner of premises conveyed by Mabel A. Herald to one Frank Tennant; thence running westerly along the northerly side of said Luzerne Road, two hundred (2€30) feet; thence running northerly and parallel with said Tennant's westerly line, two hundred feet; thence running easterly and parallel with the northerly side of said Luzerne Road, two hundred (200) feet to said Tennant's norr_hwesterly corner; thence running southerly along said Tennant's westerly lire, two hundred feet (200) to the place of beginning. Being the same premises described in a deed from Mabel A. Herald to LeRoy LaCross and Ethel. LaCross, his wife, dated October 26, 1959 and recorded in the Warren County Clerk's Office December 7, 1959 in Liber 393 of Deeds at Page 475. LeRoy LaCross died a resident of Glens Falls, New York on April 12, 1985. Subject to restrictions, covenants, conditions and easements of record, to the extent they are presently in force and effect, and zoning and land use regulations. Together with the appurtenances and all the estate and rights of the Grantor in and to said premises, To have and to hold the premises herein granted unto the Grantees, their successors, heirs and assigns forever. And said Grantor covenant as follows: First, That the Grantees shall quietly enjoy the said premises; Second, That said Grantor will forever Warrant the title to said premises. Third, That in compliance with Section 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 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. BK: 133.8 PG: 300 08/05/2004 DEED lmaae: 3 of 3 DOCUMENT- C=z 9242 LIBER: 1, 95 PAGE: 3112 In Witness Whereof, the Granton has hereunto set her hand and seal the day and year First above written. In presence of "ZgA� E'thef LaCross STATE OF NEW YORK) )SS. : COUN'T'Y OF WARREN) ed A 4&5 t On the 2 day of in the year. of 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared, Ethel LaC;ross, 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 same in her capacity, and that by her signature on the instrument, the individ al, or the person upon behalf of which the individual acted, ecu t instrument. ;iota y Pubzic ix stamp or seal) oury P€ufc Stete OfWhtsw York OuatiCsd to Warren County Record and Return to: No, No,496,9634 a,9 4 t2,A00Timothy S. Shuler, Esq. 59 L7ohn Street P.O. Box 208 Hudson Falls, NY 12939 D:\Pub I,c%wF+7in7%c l lent.riles%Lac ross5ale.1796\deed.wpd 8j2 PG: 204 05/12/1992 DEED Image: 1 of 2 { FORMS=—WaU 0VVMLkACaysnan7 N.Y.S. FOMW _027WI ,:a ,cruzeu .30rnturt P Made the Fourth slay of � » March N'"OtBBnll"dYed"d Ninety Two Betweii SANDRA BEATTIE, FormittLy known as SANDRA H&ILGB 1t00D, of RD #3 Luaerne Read, Glens Falls, New York 12801, JAlr( y of the first part and ' BS BARBER and DONNA BARBER, kis wife, RD f 4, Queensbury, New York 12604, pW ie s of the second part, that the part y of the first part,in consideration o -ONE- lawful ($ 1.00 / lux'�rtlmlJnB,yofthe,UnitedStatt, and other good and valuable consideration paid by the poirt le S of the second part doe s hereby"grant and release unto the kart ies te secondpart and ossigns forever, all "All that lot, piece or parcel of land situate in the Town of Queensbury, County of Warren and State of New York, bounded and described as follows: Beginning on the northerly side of"the Luaerne Road, at the Southwesterly corner of premises conveyed by said Mabel Herald to George Herald. by deed dated the 6th day of June, 394$ and recorded in the Warren County Cleric's office, on the 7th day of June 1944, in Liber 228 of Deeds at ?age 217; (said point of beginning being six hundred and forty-five (645) feet, measured along the northerly side of said Luzerne Road, .from the southeasterly corner of the premises described in said herald to Herald Deed, and also from the southwesterly corner of premises of one Robillard;) thence running westerly along the northerly. side of said Luaerne Road one hundred and fifty-five (155) feet to an iron pipe set in the ground for a corner; thence running northerly along the easterly side of premises of one LeRoy LaCroass two hundred (200) feet to an iron pipe set in the ground for a corner; thence running easterly one hundred and fifty-five (159 feet to the westerly line of the premises described in said Herald Deed; thence running southerly along the westerly line of said Herald to Herald property, two hundred (200) feet,to the place of beginning. Also all that tract, piece or parcel of land, situate in the Town of Queensbury, County of Warren, State of New York northerly side of 4uzerne Road, vacant, bounded on the north by Herald east by Miller south by Luxerne Road, Crest by LaCross, 4SX 200 feet. Being the same Premises conveyed in deed by Gladys Miller to Sandra llaille Wood, dated November 4, 3986 and recorded in the Warren County Clerk's Office on November 7, '1986 in Book 686 of Deeds at Page 936. Sandra Haille Wood has married and is now known as Sandra Beattie, and Sandra aaille Wood is the same person now know as Sandra Beattie. F pca�'Y;.1JFJ3 MAY 12 TRANSFER TAX t H WARREN COUNTY F. .f, ria: 204 05/12/1992 DEED Imago: 2 of 2 ray# with the apputYet�arrces and alt the estate and rights othe of the part ofthe tit and to said premises, to hou the premises Aw*4:.g=ied unto the,part of the sacotrd part, and assigns forever. I And said covenant as foltows: Fjmt, 7`hai the part of the second part shall quietly enjoy the said premises, That said swillbMPer WWW the title to said premi= T drd, That, in Compliance with $et, 13 of the Lien Lang the grantor will racei"the c0nSWera1f0fi for this con a and will hold the rf ht to receive such considerrttiotr as a trrt fund to be applied first for tine purpose o .lsrtying the cost of the frnprovernent and will apply the:same first to the payment of the cast of the improvement before trying ttny port of the total of the sante for any ether purpose. in wh"eA thepare of tltss�rrst putt ha her unto set hard ani3aertl the day and year first Ve written. IN MfIf OF � t a-i �•' A State of NOW York County a9! .S-��' � aa. On this day of At,feC r Nmetm 13undned and Jry WON me,the subwrfber,personally append to me parsoaally,known and known to me to be the saute,person described'in and who executed the within lm*ument,and She wt ed to me that rhe executed the Salus. 1 7hxMap.Nts --•-- 1!{EL1 L16E Np11� . fz VTMU)L01MY R.Y.. 7lrx Bt7lfng Address t.r.::.r•t.CLAM CLM- 92 BAY 12 fit] 9:52 44 1W k. 4 e ,� BOUNDARY LINE AGREEMENT THIS AGREEMENT made the day of June, 2018, BETWEEN JAMES BARBER and DONNA BARBER, residing at 480 Luzerne Road, Queensbury, New York 12804, parties of the first part, and and ADAM L. MURRAY and TINA L. MURRAY , residing at 480 Luzerne Road, Queensbury, New York , parties of the second part, WHEREAS, the parties of the first part are the owners of premises situate in the Town of Queensbury, County of Warren, State of New York, described in one (1) deeds — from Sandra Beattie, formerly known as Sandra Mailee Wood, dated March 4`' 1992 and recorded in the Warren County. Clerk's Office on May 12, 1992 in Volume 852 at Page 204, as Instrument No.:2221; and WHEREAS, the parties of the second part are the owners of premises situate in the Town of Queensbury, Count), of Warren, State of New York, described in a deed from Ethel LaCross, dated August 3, 2004 and recorded in the Warren County Clerk's Office on August 5. 2004 in Book 1398 on Page 300, as Instrument No.:9242; WHEREAS, a portion of the lawn between the premises of the parties has been used by the parties of the second part and not utilized by the parties of the first part. and WHEREAS, the parties hereto wish to adjust their common boundary to reflect usage. NOW, THEREFORE, in consideration of the mutual premises and conveyances herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: THAT, irrespective of what may be the true location of the common boundary between the parcels of the parties hereto, as might be determined by a court of competent jurisdiction in an appropriate action to determine the same, the location and description of the common boundary shall be as follows: BEGINNING at a point at the southwestern corner of the premises of the parties of the first part and the southeastern corner of the premises of the parties of the second part, as same are shown on a map entitled " Map of a Survey Showing a Proposed Permanent Life Time Easement" dated May 12, 2018, to be filed simultaneously herewith; running thence North 8° 26'10" East a distance of 28.65 feet to a point thence proceeding North 22° 41'50" East a distance of 26.13 feet to a point and from. there proceeding North 15'14'15" Fast for a distance of 140.39 feet to a capped iron rod set for a corner along the rear property line. THOSE, lands lying to the west of the common boundary above described shall be deemed to be lands of the parties of the second part and the parties of the first pain do hereby grant and release onto the parties of the second part, their heirs and assigns forever, all their interest in and to those lands immediately adjacent and south of the above described common boundary. Page 1 of 3 THE specific dimensions of the 0.05 acre parcel being herein conveyed are as follows: BEGINNING at a point at the southwestern corner of the premises of the parties of the first part and the southeastern corner of the premises of the parties of the second part, as same are shown on. a neap entitled " Map of a Survey Showing a Proposed Permanent Life Time Eaasenzent" dated May 12, 2018, to be filed simultaneously herewith; running thence North 8° 26'10" East a distance of 28.65 feet to a point thence proceeding North 22° 4 '50° East a distance of 26.13 feet to a point and from there proceeding North 15°14'15" East for a distance of 140.39 feet to a capped iron rod set for a corner along the rear property line and running thence North 65°32'50° West for a distance of 24.0 feet to a capped iron rod set for a corner and running thence along the existing property lime South 8" 26' 10" West approximately 171.35 feet to the point of beginning. THE parties hereto agree that the small parcels being hereby conveyed (.05 acres to the parties of the second part) shall not be a standalone lots and will be added to/merged and not subdivided from the adjoining/adjacent lands of the Darty of the second part. IN WITNESS WHEREOF we have hereunto set our hands and seals on the date first above written. JAMES BARBER DONNA BARBER TINA L. MURRAY AMAM L. MURRAY STATE OF NEW YORK ) )SS_: COUNTY OF ) On the day of Jane, in the year 2018, before nye. the undersigned, personally appeared JAMES BARBER, personally known to nue or proved to me on the basis of satisfactory evidence to be the individual whose riamc is subscribed to the within instrument and acknowledged to nie that he executed the sante in his capacity,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,exect►ted the instrument. Notary Public STATE OF NEW YORK } )SS.: COUNI`Y OF ) Page 2 of 3 On the day of June, in the year 2018, before me, the undersigned, personally appeared DONNA BARBER, personally known to nae or proved to nic on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to tile that she executed the same in her capacity, and that by her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK. ) )SS-: COUNTY OF ) On the day of .lune, in the year 2018, before tine, the undersigned, personally appeared ADAM L. MURRAY, personally known to me or proved to€tie on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to €tie that he executed the sane in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary public STATE OF NEW YORK ) )SS.: COUNTY OF ) On the day of .lune, in the year 2018, before me, the undersigned, personally appeared TINA L. MURRAY, personally known to me or proved to n-ie on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrunient and acknowledged to €r€e that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 3 _w,.`,� -�.� vT wry,e�s� '�,.,:i-'=;��3�i";�' �f �'z_ %;=��=f'�a;C(==td a" °x� •.E w.';_^-.1�i' �7�fi"'��a, e a_''s � �stfi"'c F;,.� ��,rz�Y:�"��>'''».:. �.�-� s"-t���'F ° '� ,?'� n Little, O'Connor & Borle, P.G. Bank Attomey's Account 19 W Notre Dame 51 Amadca's Mott Convenient Bank° P.O.Box 888 50-2561213 Glens Falls,NY 12801 830 ---5/1-4/2_0,1_ .._..._..... Town of Queensbury *# Fifty and 00/100#* }** Town of Queensbury 742 Bay Road Queensbury, NY 12804 Murryuil;c,�sr_ r:sic,n,,rt� 11®0080 ' 911" ie02L302SG ?': 62SOS86L3911° NIN EJ EEN WEST NO RL DAME S'FREET-P.O.BOX 898 GLENS FALLS,NEW YORK 1 280 1-0898 MICHAEL J.O'CONNOR TELEPHONE-518 792-2113 BRIAN C.BORIE FACSIiv ILE-5 18 792-6972 FAX SERVICE NOT ACCEPTED NATHAN P.HALL J.DAVID LITTLE,RETIRED ELIZABETH E.LIT-1'LE,OF COUNSEL Craig Brown Zoning Administrator Town of Queensbury 742 Bay Road Queensbury, NY 12804 RE- Area Variance Request of Adam and Tina Murray & James and Donna Barber 486 & 480 Luzeme Road, Town of Queensbury Lot no. 308.10-2-3&4 Dear Craig: As we discussed the Murrays and the Barbers request a waiver of the survey requirement. The Murrays have a survey of their property prepared by Donald Pigeon and dated April 26, 2018. This survey places the physical objects on their land. The survey delineates the boundary of the Barber parcel but does not mark their structures. The Barbers cannot afford to have a survey prepared. The Murrays have asked Donald Pigeon to mark the corners of the Barber's house on their survey and are awaiting such marking. Please let us know if this is acceptable to the Town of Queensbury. f*- ' le_yam and TinaMurray ��}� � �. -��, � ,✓ � -ems.