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ApplicationFebruary 2011 ZBA Area Variance Richard & Karen Cunningham 384 Ridge Road Lot line adjustment ~®`~~ ~~ Q~JEEI®1SBURY 742 Bay Road, Queensbury, NY 12804-5902 September 17, 2010 Stefanie DiLallo Bitter Bartlett, Pontiff, Stewart & Rhodes, PC One Washington Street P.O. Box 2168 Glens Falls, NY 12801 Re: Rick & Karen Cunningham 384 Ridge Road Tax Map Parcels: 297.17-1-46 & 47 Dear Ms. Bitter: 518-761-8201 I am writing to you in response to my review df your letter of yesterday along with a map entitled; "Map of a survey made for Rick & Karen Cunningham" as prepared by Van Dusen & Steves with a most recent revision date of July 20, 2010. .~ I have reviewed your plans and find that an Area Variance is required for your proposal. Specifically, your proposed lot configurations will not meet the minimum sideline setback, lot width, road frontage and lot size/density requirements of the Moderate Density Residential (MDR) zoning district. This determination is based on the understanding that the building on the front of parcel 47 will either continue as a Hair Salon or be converted to a single family dwelling and the building on the rear of the property is and will continue to be a single family dwelling. I understand that you may be in the process of preparing the necessary application materials. Please note our established submittal deadlines when preparing this information. Should you have any questions, please do not hesitate to contact this office. Regards, Town of Queensbury g Craig Brown Zoning Administrator CB/sh L:1Craig Brown12010 Letters~Denial Bitter Cunningham 9 17 l0.doc °HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE° SETTLED 1763 C. ~h, -- r `~ ~r° ~ Area Variance Revised June 2009 General Information Tax Parcel ID Number: 2 9 7.17 -1- 4 6 and 4 7 Zoning District: ~R f~~+_~ ~ JAN 1 C! Detailed Description of Project [includes current & proposed use]: T~1IVN ~ QUEENSBURY A licant is ~IINGOFFICE pp proposing a boundary line adjustment for the two adjacent parcels so a rP will hA n b ,; 1 ~9 on each to Location of project: 384 Ridge Rpad 2168 Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 Area Variance Revised June 2009 :~ Pre-Submission Conference Form (179-4-0401 1. Tax Map ID 297. 17-1-46&47 MDR 2. Zoning Classification 3. Reason for Review: Area Variance Request (Setback and Lot Area) 179-30-040A 4. Zoning Section #: General Information complete Yes Yes No No Site Development Data Complete Yes No Setback Requirements Complete es No Additional Project Information Complete FAR addressed Yes Y ~c~ Compliance with Zoning Ordinance es Yes No Checklist items addressed Yes No Environmental Forrn completed Yes N~~ ~ . Signature Page completed Yes No 5. Pre-Submission Meeting Notes; Outstanding Ite~ To Be Addressed Include: Deed Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 6 PAUL E. PONTIFF ALAN R. RHODES BARTLETT, PONTIFF, STEWART & RHODES, P.C. RICHARD J. BARTLETT ROBERT S. McMILLEN ATTORNEYS AT LAW Retired PHH.IP C. MCINTIRE MARK A. LEBOWITZ P.O. BOX 2168 J. LAWRENCE PALTROWITZ ONE WASHINGTON STREET KARLA WILLIAMS BUETTNER MALCOLM B. O'HARA GLENS FALLS, NEW YORK 12801-2168 ELISABETH B. MAHONEY PATRICIA E. WATKINS JOHN D. WRIGHT MARK E. CERASANO JESSICA HUGABONE VINSON MARTIN D. AUFFREDOU TELEPHONE (518) 792-2117 BRUCE O. LIPINSKt FAX (518) 792-3309 ROBERT S. STEWART PAULA NADEAU BERUBE JONATHAN C. CAPPER EMAIL info@bpsrlaw.com 1932-2001 BERTRAM J. DUBE BENJAMIN R. PRATT, JR. WEBSITE www.bpsrlaw.com 1916-1999 EH.EEN M. HAYNES JAMES R. BURKETT STEFANIE DILALLO BITTER January 18, 2011 James Underwood, Chairman Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, New York 12804 Re: Richard and Karen Cunningham 384 Ridge Road, Tax Map Parcels 297.17-1-46 and 47 Dear Chairman Underwood: Please be advised that our firm represent the Cunninghams with regard to the Area Variance Application that we are hereby submitting. The Applicants are seeking the area variances requested so that they can complete a boundary line adjustment for the two parcels that they own that are immediately adjacent to each other on Ridge Road. At this time, one parcel contains two structures, one of which is a single family home, the other is a commercial building and the other parcel is vacant. However, the Applicants wish to complete this boundary line adjustment in an effort to allow each building to have its own independent parcel. The Applicant needs relief for lot width, lot area, road frontage and setback. Although a number of area variance are required in order to accomplish this boundary line adjustment, due to the fact that these buildings are already in existence, we do not feel that these variances should be deemed substantial. In addition, since makingthis boundary line adjustment would result in each building having its own principal lot, we feel that these variances would allow for the lots to become more conforming than that which is in existence today. We have enclosed the area variance application, the survey map, pictures ofthe elevations of all four sides of each building as well as the application fee. If you would kindly place this on your February agenda we would appreciate it. If you have any further questions please contact me or attorney Stefanie DiLallo Bitter. Very truly yours, cc: Rich and Karen Cunningham BARTLETT, PONTIFF, STEWART & RHODES, P.C. „_--. By: Jonathan .Capper, Esq. Direct #: (518) 832-6434 Direct Faz #: (518) 824-1034 Direct E-Mail: icl(a),b~srlaw.com 299336.1 Area Variance Revised June 2009 AREA VARIANCE APPLICATION REVIEW PROCESS 1) Required Pre-Submission meeting with staff to determine general completeness to be held no later than 1 week prior to deadline dav. Call (518) 761-8238 for appointment. 2) Submittal of complete application: 7 original & 74 copies of the application package by monthly deadline. 3) Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for consideration for placement on an agenda for that month. 4) Incomplete applications will not be considered for placement on anv agenda until all missing information has been supplied. 5) Submittal to the Warren County Planning Board, if applicable. 6) Zoning Board meeting, generally the third and fourth Wednesday of each month. You will be advised in writing as to which meeting to attend. 7) Following the meeting, you will be provided with a copy of the resolution stating the Board's decision on your application. If your application was approved, the next likely step is a Building Permit. Final plans/drawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DOCUMENTATION REQUIREMENTS: Please submit 1 original and 14 copies 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 • Waiver Reauest: any request for a waiver from the applicant regarding submission requirements. • Copy of Deed • Su_ rvev: stamped, dated & signed • Fee ZONING STAFF 8a CONTACT INFORMATION Craig Brown, Zoning Administrator craigb(c~gueensburv.net Keith Oborne, Land Use Planner keitho~queensbury.net Sue Hemingway, Office Specialist (518) 761-8238 Visit our website at www.gueensbury.net for further information and forms. Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 ~ Area Variance Revised June 2009 General Information Tax Parcel ID Number: 297.17-1-46 and 47 Zoning District: MDR Detailed Description of Project [includes current & proposed use]: Applicant is proposing a boundary line adjustment for the two adjacent parcels thev own on Ridae Road so that there will be one building on each lot Location of project: 384 Riclge Road Applicant Name: ichard and Karen Address: 11 Broo ie Run Queensbur NY 12804 Home Phone Cell: Work Phone Fax E-MaiL• Agent's Name: Bartlett Pontiff 'Address:. ne Washington Street lens Falls NY 12801 Home Phone Cell: Work Phone 7 92 - 2117 Fax - - E-mail sdbc~bpsrlaw. com 1 r Owner's Name Same as applicant Address` Home Phone Cell '' Work Phone Fax E=mail '0 2168 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804. 518-761-8238 NORTH LOT Area Variance Revised June 2009 Site Development Data D roo ! T~. ~~ , , rN~ I txisting sq. tt. - A. Building footprint 0 B Detached Gara I :, Proposed Additions : ft. 1220 ~ Total sq. ft, - 1220 . ge 0 0 0 C Accesso Struct . ry ure(s) 0 0 0 D Paved ravel o th h d . , g r o er ar surtaced area 2112 50 2162 E Porches /Deck . s 0 43 43 F Other . G Total Nqn-P r bl 0 0 0 . e mea e [Add A-F] 2112 3425 H Parcel Ar a . e [43,560 sq. ft. /acre] 12000 2185 14185 I Percenta e of I bl . g mpermea e Area of Site [I=G/H] 17.6 0 24.1$ Setback Requirements Area i Requiredr- , Existing . .. .;. .. ~ Proposed Front [1] 40 N/A 60 Front [2] Shoreline Side Yard [1] 20 - 9. 5 Side Yard [2] 2 0 _ s . 6 Rear Yard [1] 15 10.5 Rear Yard [2] Travel Corridor 75 93.5 Height [max] 3 0 24 Permeability 3 0 82.4 75.9 No. of parking spaces 2 2 2 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 2 SOUTH LOT Area Variance Revised June 2009 Site Development Data A. t T. ,,, ~Q ,, ~ yNC ~= ~t A ~ Buildi-n foot i t -rrx~s$ing sq,~ft ~~-~. Propo$e~ e ciditiori s ft.{= Total sq. ft-- - . g pr n 2218 -1220 998 B Detached Gar . age C Accesso Struct . ry ure(s) ~ ~ o D Paved ra l th h . , g ve or o er ard surfaced area E Porches /De k 3395 -105 3290 . c s 112 -43 69 F Other . 0 0 0 G Total Non-Per bl . mea e [Add A-F] 5 7 2 5 4 3 5 7 H. Parcel Area [43,560 sq. ft. /acre] 12000 9815 I. Percentage of Impermeable Area of Site [I=G/H] 0 Setback Requirements ,A Area ` ~ Required ~.. ~~ Existing - `Proposed , Front [1] 40 36.7 36.7 Front [2] Shoreline Side Yard [1] 20 4 . 3 4 . 3 Side Yard [2] 2 0 2 7 7 3 7 7 Rear Yard [1] 15 44.8 9,8 Rear Yard [2] Travel Corridor 75 .36.7 36.7 Height [max] 30 24 24 Permeability 30% 52.3% 55.70 No. of parking spaces Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 2 Area Variance Revised June 2009 Additional Project Information 7. 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): unknown 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? No 4. Estimated project duration: Start Date End Date 5. Estimated total cost of project: _ rr/A 6. Total area of land disturbance for project: _ N/A 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. Zonin District 9 Waterfront Residential y I S mbo WR Floor Area Ratio [FAR] 0.22 Commercial Moderate CM 0.3 Commercial Intensive CI 0.3 A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included. (See "FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site. NOT APPLICABLE Parcel Area s . ft. Existin Floor Area s . ft. see above definition Pro osed Additional Floor Area s . ft. Pro osed Total Floor Area s . ft. Total Allowable Floor Area Area x see above table Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Compliance with Zoning Ordinance Requesting relief from SECTION: 179 - 3 - 4 o A (3 ) Need relief from the requirement(s) listed below which can not be met by the project as proposed. (Check all thatapplyJ x~etback ^ Buffer ZOIe ^ Lot Width ®Other Lot Area 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 undesirable change will be created. The two buildings currently exists on one parcel. This will make the parcels more compliant, but ave no p ysica c ange on t e area. 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? The proposal being made will allow the buildings to exist on separate lots. This is the only alternative which will result in these buildings eing more comp cant. 3. Whether the requested area variance is substantial? No, not when considering the fact that it will allow for these existing buildings to have their own lots. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? There will be no physical changes that result in these variances. The two buildings are currently occupied and are utilized for permitted purposes. 5. Whether the alleged difficulty was self-created? This should not be deemed a self-created difficult, but a situation where the applicant is trying to make the situation more compliant. Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 4 Area Variance Revised June 2009 Submittal of a stams~ed and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. GENERAL SHOWN ON 1 Title, Name, Address of applicant & person res o ibl f SHEET # p ns e or preparation of drawing Survey 2 Deed Enclosed 3 North arrow, Tax Map ID date prepared and scale [mini 11 = , mum n. 40 ff.j urvey 4 Boundaries of the property plotted to scale zonin bound , g ary 5 Principal structures accessory structures with exterior di i 6 , mens ons Site improvements incl. outdoor storage areas drive ki Surve 7 , ways, par ng areas, etc.: existin & ro osed 9_P P Setbacks for all structures and improvements: existin & Survey 8 g proposed Elevations and floor plans of all proposed and affect d t t Survey e s ruc ures N/A B WATER & SEWER SHOWN ON - 1 Project sewage disposal facilities desi n details t ti SHEET # , g , cons ruc on details, flow rates, and number of bedrooms proposed 2 3 Water supply [i.e. well] ~ septic on adjoining lots with separation distances to existing or proposed on-site water supply and se tic Separation distances for proposed sewage disposal system to well and water bodies Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location, design and construction of water su I includin dail water usa e ubl i C n/a pub 11 C 5 Percolation test location and results C, 1 PARKING /PERMEABLE AREAS Number of spaces required for project including calculations and justification: existing & proposed SHOWN ON SHEET # N/A 2 3 No. of existin arkin s aces, number to be removed, number to maintain and t e of surfacin material e. ., ravel, aved Provision for pedestrian and handicap access and parking: existing & proposed 4 Design details of ingress, egress, loading areas and cutting: existing & proposed 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed 6 Lighting, location and design of all existing and proposed outdoor lighting ~• 1 2 ADDITIONAL SITE-DEVELOPMENT AND MISCELLANEOUS On-site & adjacent watercourses, streams, rivers, lake and wetlands Utility /energy distribution system [gas, electric, solar, telephoneJ: existing & proposed SHOWN ON` SHEET # N/A 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 activities: existing & ro osed e Signage: Location, size, type, design and setback: existing 8 proposed f Waiver Request: provide letter with application requesting any waivers: please reference specific items g Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans h Identification of Federal, State or County permits required for the project together with a record of application for all necessary ermits Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Pre-Submission Conference Form f'179-4-0401 1. Tax Map ID 297 • 17-1-46&47 MDR 2. Zoning Classification Area Variance Revised June 2009 3. Reason for Review: Area Variance Request (Setback and Lot Area) 179-30-040A 4. Zoning Section #: 5. Pre-Submission Meeting Notes; Outstanding Item To Be ~ Addressed Include: Deed General Information complete Sit D l Yes -y-~L / Yes No No e eve opment Data Complete Yes No Setback Requirements Complete es No Additional Project Information Complete FAR addressed Yes Yes Nol/ ~Ma` J Compliance with Zoning Ordinance Yes No Checklist items addressed Yes No Environmental Form completed ,~I.o~YYes ` N~- ~ . Signature Page completed ~ Yes No /V,q,P~~IU~ ~X~G9 iN/ry'~ ~iF'U ,o~vr®' ~2 .~t~u~~i~~.U ~ - QvgNTi~r' ,.~r~~r3c~5 /~=,C~2~ Z .~T~~'. y .~h ~ '` ..S/GN~ Tie-+~I~~ .St~v.~-;-~ .. Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 6 Area Variance Revised June 2009 Signature Page This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.).Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant Owner: Designates: As agent regarding: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot 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: Richard and Karen Cunningham Designates: Bartlett Pontiff Stewart & Rhodes PC As agent regarding: x Variance x Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Refer Book Page Date OWNER SIGNATURE: _ DATE: ~~~ 2.a ENGINEERING FEE DISCLOSURE: Applications may b`~ 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. 4.1 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 h e ee to the above. ~Zi~.~c~cS.4. Cu.nr~tw`h-fir a1~•2Z,\~ ' ~«m 1L~Yer~ 3. Cw~r~:>lc~tc,J.m ~~ZZ1 -o ~i tur t Pin Name [ pli nt] Date ig Sin r ge t] rent Name [ gent Date igned Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 T(7'W'N O~ QUEEN513URY 742 Bay RO~id, Queensbury, NY 12804.5902 ~ 18.761-8201 September 17, 2010 Stefanie Dil,a[lo Bitter Bartlett, Pontiff, Stewart & Rhodes, PC One Washington Street P.Q. Box 2I6$ Glens Falls, NY 12801 Re: Rick & Karen Cunningham 384 Ridge Road Tax Map Parcels: 297.17-1-46 & 47 Dear Ms. Bitter: 1 am writing to you in response to my review of your letter of yesterday along with a map entitled; "Map of a survey made far Rick & Karen Cunningham" as prepared by Van Dusen Steves with a most recent revision date of July 20, 20I 0. I have reviewed your plans and find that an Area Variance is required for your proposal, Specifically, your proposed lot configurations will not meet the miinimum sideline setback, lot width, road frontage and lot sizeldensity requirements of the Moderate Density Residential (MDR) zoning district. This determination is based on the understanding that the building on the front of parce147 will either continue as a Hair Salon or be converted to a single family dwelling and the building on the rear of the property is and will continue to be a single family dwelling. I understand that you may be in the process of preparing the necessary application materials Please note our established submittal deadlines when preparing this information. Should you have any questions, please da not hesitate to contact this office. Regards, Town Queensbury Craig Brown Zoning Administrator CB/sh L:1Craig klrown12010 LetterslDenial Bluer Cunni~ghaun 9_17_10.doc "HOME OF NnfuxnL t3tnln~v ... A UUUn Pt.AC:r: TU i_ivr° 5ET7'LEIll 1783 WARREN COUNTY • PAMELA J. VOGEL COUNTY CLERK DoCUMENT~ Oi404rJigq~ I~~~~~' ' ~"'~ I Lake Georg@, NY 12845QL~ME' 370'a PAGE:: 72 Instrument Number: 2008- 00000882 As Recorded On: February 18, 2008 Deed Commercial Parties: WENDELL JOHN To CUNNINGHAM RICHARD E JR Billable Pages: 3 Recorded By: JAMES L LAPANN ES4 PC Num Of Pages: 4 Comment: "Examined and Charged as Follows: ""' Dead Commerdal 58.00 Cover Page 5.00 RP5217 Commercial 185.00 Tp_5gq 5.00 RecoMing Charge: 237.00 Consideration . Amount Amount RS#JC3i't TranaferTax 120.00 30.DOO.QO TT 1380 Basic 0,00 CIUEENSBURY Lowl 0.00 Spedai Additlonal 0.00 Additional 0.00 Transfer 120.00 Tax Charge: 120.00 RECOROEQ Country Clerks Df1'ice Feb 18r2009 01:49P Paaela J. Vosel Marren Country Clerk "THIS PAGE IS PART OF THE INSTRUMENT'" I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY File Information: Record and Return To: Document Number: 2009- 00000892 JAMES L LAPANN ESQ PC Receipt Number: 105337 107 BAY STREET Recorded Date/Time: February 1 B, 2009 01:49:17P GLENS FALLS NY 12801 Book-Vol/Pg: Bk-RP VI-3708 Pg-72 Cashier /Station: s slater I Cash Station 3 DQG ~~ ~ _ VOLUME°T37iD~~PAGEt~ 73 Q~~. WARRANTY DEED WITH LIEN COVENANT 3~+°~0 1~ ~ DATE OF DEED: February 16, 2009 ~~ ~ GRANTOR: 30HN WENDELL AND COURTNEY WENDELL, his wife S ~ 8 Courtney Lane `~ Queensbury, NY 12804 <, ~ GRANTEE: RICHARD E. CUNNINGHAM JR. AND KAREN B. CUNNINGHAM, his wife 11 Brookfield Run Queensbury, NY 12804 THIS WARRANTY DEED made between Grantor and Grantee on the deed date stated above WCTNESSES THAT GRANTOR in consideration of One Dollar ($1.00) lawfiil money of the United States and other good and valuable consideration, paid by Grantee, DOES HEREBY GRANT AND RELEASE UNTO GRANTEE and their heirs and assigns forever all that property known as: Properly located on Ridge Road Town of Queensbury County of Warren State of New York TAX MAP # 297.17-1-46 THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULE "A" ATTACHED. THIS GRANT IS MADE: 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 granted by this Warranty Deed unto the Grantee and her heirs and assigns forever. AND THE GRANTOR COVENANTS as follows: FIRST: That Grantee shall QUIETLY ENJOY said premises; SECOND: That Grantor will forever WARRANT the title to said premises; DOGUMEh1T~ +OrOOt]r38g2 Vt7t..UME . 3?LlS PAGE THIRD: THAT, IN COMPLIANCE WITH SECTION 13 OF THE LIEN LAW, Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fiord to be applied fast 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. If there are more than one Grantor or Grantee, the words "Grantor" and "Grantee" used in this deed includes them. IN WITNESS OF THIS CONVEYANCE, Grantor has executed this WARRAN'T'Y DEED on the deed date stated above. IN PRESENCE OF ~~~ ~hn Wendell State of New York ) ss.: County of Warren ) ~• (~ Courtney W On the ~ day of Febnrary+ in the year 2009 before me, the undersigned, a Notary Public in and for the State, personally appeared JOHN WENDELL, personally known to me or proved to me on the basis of satisfirc~ory evidence to be the individual whose name is subscribed to the within instrtmrent and acknowledged to me that he/she executed the see in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual tad the rostrum No lic J1t~Alq L t.aPMlI! 4R>ta*r aubik. Stare of ws7-'Fw~ pwltfiod In Warren County State of New York) sea. Mo. 4707• ° ID tiny Cwnmtsalwr Expi ss.: County of Warren ) On the ~ day of February in the year 2009 before me, the undersigned, a Notary Public in and for the State, personally appeared COURTNEY WEIVDELL, 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 aclosowledged to me that he/she executed the same inhis/her capacity, and that by his/her signature on the inshument, the individual, or the person upon behalf of which the ' tad, executed e i ant. No lic ?4 .~ L taPlMlrA IIDYry Pubtk. stare of Mew rue QMIIMd In warren CourAy Rp. No. 47a74~ 20l D ~ °^ ~t OOCUMEhtT~ C1iGOC+OS92 VOLUME: 370H PAGE= 7S Schedule A ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, formerly assessed to Earltown Corporation on the 1994 assessment roll of the Town of Queensbury located in the Town of Queensbury, County of Warren and State of New York, and designated on the tax map of said Town as Section 297.1?, Bloc3c 1, Lot 46, (old tax map of said Town as Section 109, Block 1, Lot 4) being more particularly described as follows: Ridge Road Vacant .28 Acres For a more modem description please find the following survey description: All that certain piece or parcel of land, situate in the Town of Queeasbury, County of Warren, and State of New York, being the same premises as shown on a map entitled "Map of lands of Linda Blackburn", prepared by Wayne R. Raymond, LS, dated August 1, 2003, bounded and described as follows: Beginning at as iron rod set in the easterly bounds of Ridge Road, said point being the common intersection of the southwest comer of lands now or formerly of Joseph R. Schechter, per Book 325 of Deeds at Page 492, and the northwest comer of lands herein described, thence from said point of beginnuig, passing over an iron rod found at 1.9 feet, and along the southerly bounds of Schechter, South 47 deg.2lmin.00sec. East, 200.00 feet to point in the westerly bounds of lands now or formerly of Ernest and JoAnn Hicks per Book 1092 of Deeds at Page 137, thence along said lands of Hicks, South 42 deg.39min.00sec. West, 60.00 feet to an iron rod found, said point being the northeast corner of lands now or formerly of Richard and Karen Cunningham, per Book 666 of Deeds at Page 88, thence along the northerly bounds of Cunningham, North 47deg.21 min.00sec. West, 200.00 feet to an iron rod set in the easterly bounds of Ridge Road, and passing over an iron rod found 1.0 feet therefrom, thence along the easterly bounds of Ridge Road, North 42 deg.39min.00sec. East, 60.00 feet to the point or place of beginning. Containing 0.276 acres of land, more or less. Being the same premises conveyed by Linda Blackburn to John Wendell and Courtney Wendell, his wife, by Warranty Deed dated February , 2009 and recorded in the Warren County Clerk's Office simultaneously with this deed. RECORD AND RETURN TO: James L. LaPann, Esq., P.C. 107 Bay Street Glens Falls, NY 12801 auadnd IQ.Y.B.T.II. !'atm 80a8~ &61-6N-W~nutr Dad vlth l~n Co~~sant-Ia~fslduY or Coryontb~. / coruuar roue uwrrae swotts stotsodo tftts wst~a~r nus warswrsrr snosan a use snr uwrwts otwr. ~1~ II//~ '~ l0.7 1'4H3IIiDEt'i7VRF, made the /Z!J~day of October , nineteen hundred ar~d eighty-£our :17 BE1'VVEf1Y DOROTHY CHARTIER residing at Ridge Road, Town of Queensbury, c- '" Glens Falls, New York 12801 QA t~ party of the Srst port, and C, H. RICHARD/CUNNINGHAM~g;:g&KAREN/CUNNINGHAM, husband and wife, residing at County Line Road, Town of Queensbury, Glens Falls, New York 12801 party of the second part, WI[NFSSEPH, that the party of the first part, in considention of ----------------------------^ ONE ($1.00) ---------------------~_----------------~dollaro, lawful money of the United States, and other good and valuable consideration paid by the party ~ the second part, does heroby grant and release auto the party of the second part, thdr heirs or successors aad assigw of the party of the sernnd part forever, IOiLKfl~ltl~f7{~f~fiSKBiC3~[afdj ALL THAT PIECfi, PARCEL OR LOT OF LAND situated in the Town of Queensbury, .Warren County, New York, lying on the easterly side of 'the highway leading from Glens Falls to Kattskill Bay and known ' as the Ridge Road, bounded and described as follows: COMMENCING at a point 361.98 feet northerly along the Ridge rnxntAp Road from the most southerly point of the property mentioned and [)ESIGAIATtON far. described in a deed from Rose Mary Dobrindt to Tom Rogers and Cleo ~ H. Rogers, his wife, which deed is dated July 18, 1947 and recorded eu. in the Warren County Clerk's Office on the 19th day of July, 1947 ~; ~al,~; in Book. 253 of Deeds at page 381s running thence southerly at right angles with the easterly side of the..Ridge Road two hundred feet to a corner; thence southerly and parallel to said Ridge Road sixty feet to a corner; thence northerly and parallel to the first des- cribed line two hundred feet to the easterly side of Ridge Road; thence northerly along said Ridge Road sixty feet to the place of beginning. The said above parcel of land being known as Lot No. 4 on a i 1 i { t r i w A + map entitled "Map of Tom Rogers, Subdivision, Ridge Road, Town of Queensbury, Warren County, New York" made by E.L.H. Meyer, C.E., dated May 31, 1947 afld filed in the Warren County Clerk's Office on QD the 6th day of November, 1947. '~ This conveyance is made subject to the easements and I restrictions of record and utility easements. Being the same premises as described in a deed from Russell ~ Warrick to Dorothy Chartier, dated July 30, 1965 and recorded in the Warren County Clerk's Office on August I0, 1965 in Liber 458 of Deeds at page 111. ~ t r m ca ..+ COGETFIER with au right, title and interest, it any, of the party of the first put is and to wy streets and •oads abutting the above descrih~ pressisea to the omter lines thereof, !'OCsETFIFR with the appurtenances amt aA the estate and tights of the party of the first part is and o0 laid premixes, TO HAVE AP1D TO HOLD the premises herein (panted unto the party of the aeotxtd Part. the lairs ttr successors and assigns of the party ~ the stwond part forever. AND the party of the first part. in compiiaaee with Stction 13' of the Lien Law, wvemnta that the party o[ the first part wn'lt retYive the consideration tar this conreyatttx sad will hold the right to receive strh oondd- eration as a trust ftmd to be applied first for the purpose of paying the costs of the improvemrnt aacl will apply the same first to the payment of the cost of the improret~at before using say part o[ the total of the same for say other purpose. AND the party of the first part covetraaU as foLLows: Fusr.-That said party of the first part is seized of the acid ptcmisea in fa simple, std has good right to convey the name; Sscoxn.-That the party of the second part shall quietly enjoy the said premises; Tama-That the said pteadses are free from incnmbtattces, except as aforesaid; Fotrsra.-That the patty of the first part vv+71 execute or proc~ae a~ iwther t-aessarp asauraace of the titre to said pretniaea; Ftrra.-That said party of the first part w~71 fot~ever wamat the title to acid psmdsa. The word "party" shall be construed as if it read "parties" whenever the aeose of this iadeatnre m requires. IN YV[11VESS WHFREOP, the party of the brat part has duly exeented thin deed the day sad year first shore wrIttm Ix rsnxtrt:s o'[r~ ~~ \'~~s4'U~."'Y" Dorot y Cha tier STATE OF N[W YOIK, couNTY of WARREN ut •t On the ~ 6 'day of October 19 88 ,before me personally mme DOROTHY CHARTIER to me known to be the individual described in and who esecutcd the foregoing i~ns~trum~en~t,~and acimo~w~ledge~d that executed the sam-~~!.C~4Atip/l ~- ~~~J nnNII.,L T. snlrrx h~•lsry t'nL!ic, Data or Now YoA l::•..i, ic,~ i„ Y.nrren Cot„d~ Mr L`evnmi+ai•:e 1' uirea u[urh sµ l+ iL ti)MN+~25 STAT! OF N!W TOIIN. COUNTY OF us On the day of I9 , before me person. lly tame to me known, who, being by me duly sworn, did depose and say that he resides at No. Shat he is the of ,the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to sairt instrument is such corporate seal; that it was so atlixed by order of the board of directors of said corpora- tion, and that 1tc signed h name thereto by like order. STATE OF N!W TOlIf, COYNTT O! an On the day of 19 , before me personally came r to me known to be the individual described in and wlto executed the foregoing instrument, and acknowledged that ~ executed the same. ~ v CD !r+ STATE OF NiS1Y YOR1t. COONTT Oi ter On the day of 19 ,before me personally came the subscribing witness to the {oregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the [oregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, ~~ at the same time subscribed h name as witness thereto. h~~CURiit~.(: Elms- 8 I(1 z6 AM's+~ ~tmentp ~eeD WrrH FULL COVBNANTS TITLa No. SECTION •.. - "~.._. _. et.ocx WAliii is ~ i ?: 'i i .,NEk Y:. LOT .I(IFih : Sq,i ubt~ COUNTY OA TOWN TAX BILLING ADDRESS 70 STMIN1110 toast a Mtw roast aoAaY rn rnu YMaeawemar oo,„ti.tw h ~,r T1TlE faUARAN7'EE- J NEW XORK ATfeON COMFtWY Reeordetl AI Request of The T~tls Guarantsa G~mpany l87rJ11V 6Y 1NAA. TO: DANIEL T. SMITH, ESQ. 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