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Application
New Business Area Variance No. Review in the month of Aprii 2011 Patrick Geruso 34 Howard Street 2-lot residential subdivision Cross ref. Subdivision Prelim. TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 February 11, 2011 Patrick Geniso 168 West Mountain Road Queensbury,lVY 12804 RE: 34 Howard Street 21ot residential subdivision Tax Map Parcel No: 301.20-I 37.2 Dear Mr. Geruso: 518-761-8201 I am writing to you in response to my review of your proposal associated with the above referenced project and to document your recent conversations on the same with Keith Oborne of my office. My review of your plans has revealed that the proposed building project will require an Area Variance and as well as Subdivision approval. Specifically, the variance is necessary as the proposed lot configuration does- not meet the minimum requirements of -the Moderate Density Residential, (MDR) zone; including the following: • Lot size • Lot width • Road frontage • Setbacks I .understand that you are preparing the necessary application materials for this project. Please note our established submittal deadline and pre-submission meeting requirements when preparing your papers. Should you have any questions regarding the above comments, please do not. hesitate to contact this office. Sincerely, Town f Queensbury Craig Brown Zoning Administrator CB/sh L:Kkaig Brown~2011 Latas~Deaiai ciauso 2 11_1 l.doc "HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE° SETTLED 1763 ~r /~ General Information Tax Parcel ID Number: 3 o I. Z o - ~ _ 3-r, Z, ' . Zoning District: F'~ p ~ Detailed Description of Project [includes current & Proposed use]: 4oT Sa~r3p~~/•S•o~.1 OF •4 Otso •(-t~ {•4~GC.~-t- os.1 ~ Location of project: J ~f ~ ~ ~ ~~,~~ ~~ ~~ Area Variance Revised June 2009 ~~~~L~ Town of Queensbury ^ Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 1 t .. _,.:. , X~~~ ~~ ~*'~ ~. Area Variance Revised June 2( .~ Pre-Submission Conference Form (179-4-0401 1. Tax Map ID ~? Off. 20 - ~- 3-I. Z„- 2. Zoning Classification ~ ~ ~~ 3. Reason for Review: ~ -y ~ ~-G~/c- j,~% ~/~,~ ~,~ j ~Q~,j(f~,yt~,~ 4. Zoning Section #: / 77_ 3 ®~/Q- 5. Pre-Submission Meeting Notes; Outstanding Items To Be Addres/sed Include: Deed Yes / No t. `~ General Information complete Yes No Site Development Data Complete Yes No Setback Requirements Complete Yes No Additional Project Information Complete Yes ~ No FAR addressed Yes ~!/ No Compliance with Zoning Ordinance Yes No Checklist items addressed Yes No Environmental Form completed Yes ~ ~ No Signature Page completed Yes No `~ -~>1~G 1~7 i~i~ ,h2C~i'~? ~~it!/~t/!,,- l~~i~JiiC/1,5~.~41~~ ~3 ° C~~r~~r~~ ." 00/~T CJ~~ / all ~ J/~/~.fl df~' ~iQ-~~G//.+C~ /lam- 7l df-' t: l~ _Sy'--//l//.~ f1JN~~1i .. ~,. Staff Representative. Applicant /Agent: - Date: 7i // /~ Town of Queensbury • Zoning Office • 742 Bay Road -. Queensbury, NY 12804.518-761-8238 ti Town of Queensbury 742 Bay Rd Queensbury, NY 12804 In response to my denial letter of the subdivision at 34 Howard St Queensbury, NY. I am submitting an application for the proposal of a two lot subdivision of the parcel at 34 Howard St.. The necessary variances required are Lot size, Lot width, Road frontage, and setbacks. I am seeking relief on the following variances. As well I'm asking for waivers on "sketch", "grading", Storm water", "E &S ", "landscaping", and "devegation" of the subdivision process. Any other questions on or about the project I can be reached at 518-796-5856. Thank you far your time and consideration. Sincerely, Pat Geruso 168 West Mtn Rd Queensbury, NY 12804 February 11, 2011 Patrick Geruso 168 West Mountain Road Queensbury, NY 12804 RE: 34 Howard Street 2 lot residential subdivision Tax Map Parcel No: 301.20-1-37.2 Dear Mr. Geruso: I am writing to you in response to my review of your proposal associated with the above referenced project and to document your recent conversations on the same with Keith Oborne of my office. My review of your plans has revealed that the proposed building project will require an Area Variance and as well as Subdivision approval. Specifically, the variance is necessary as the proposed lot configuration does not meet the minimum requirements of the Moderate Density Residential, (MDR} zone; including the following: • Lot size • Lot width • Road frontage • Setbacks I understand that you are preparing the necessary application materials for this project. Please note our established submittal deadline and pre-submission meeting requirements when preparing your papers. Should you have any questions regarding the above comments, please do not hesitate to contact this office. Sincerely, Town of Queensbury Craig Brown Zoning Administrator CB/sh L:\Craig Brown\20l 1 Letters\Denial Geruso 2 l t t Ldoc Area Variance Revised June 20C AREA VARIANCE APPLICATION REVIEW PROCESS 1) Required Pre-Submission meeting with staff to determine general completeness to be held no IatE than 1 week prior to deadline day. Call (518) 761-8238 for appointment. 2) Submittal of complete application: 7 original & ?4 copies of the application package by month) deadline. 3) Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for consideration for placement on an agenda for that month. 4) Incomplete applications will not be considered for placement on any agenda until all missing informatioi 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 it writing as to which meeting to attend. 7) Following the meeting, you wilt be provided with a copy of the resolution stating the Board's decision or your application. If your application was approved, the next likely step is a Building Permit. Fina plans/drawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DOCUMENTATION REQUIREMENTS: F~lease submit 1 original and 14 copies of the completed application package to include: • Completed Application: pages 1-9 completed, signed & dated • Pre-Submission Meetina Notes: signed by staff • Deniat Letter: from the Zoning Administrator • Waiver Request: any request for a waiver from the applicant regarding submission requirements. • Copy of Deed • Survey: stamped, dated & signed • Fee ZONING STAFF & CONTACT INFORMATION Craig Brown, Zoning Administrator craigb(a~gueensbury.net Keith Oborne, Land Use Planner keithoCa~gueensbury.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 0 Area Variance Revised June 2009 General Information Tax Parcel ID Number: 3 0!~ 20 - ~ - 3`7. Z Zoning District: M ~ Detailed Description of Project [includes current & proposed use]: Z LoT 5v.3DtJ~S,a~! o F .4 0.tpe ~l-utc- ~.4tG~-~- o,J 4-~~~..~,~,e ~ S ~rsccr Location of project: Applicant Name: ~drT~K l G l~ CtQJ 5 O Address: i`StJEcr r-~e~a,-~,,..~ ~e..,., J Hame Phone 79~ - S 8 5~ Cell; V11ork Phone Fax E-Mail: Agent's Name: Address: Home Phone Cell: Work Phone Fax' E-mail Owner's Name ICJ Sp Address Gv (,v.<s` ~t~-; ...t , F = c.~, Home Phone -- Sr Sr6 Cell 'Work Phone Fax E-mail Te~vn c` Queensbury ~ Zor,inG J"oe • 74'~ 8ay RoaU = C~,;eersbury NY '2804 ~ X18-?~ -~~~8 Area Variance Revised June 2009 Site Development Data Gp °' ~ ~ Area / TYpe Existing sq. ft. Proposed Additions . ft. Total sq. ft. A. Building footprint ! 12 5 . ~L-8 1 /Z ~, q~ B. Detached Garage 538.0 3 -~~~ C. Accessory Structure(s) , 0 D. Paved, gravel or other hard surfaced area t 3 S t.~ o ~- -~/3~/•~r3 l7 ~ E. Porches /Decks oZ. lg ZO7, ~8 F. Other G. Total Non-Permeable (Add A-F] X51 cp . ~~ ~3 g H. Parcel Area [43,560 sq. ft. /acre] Leo i; Z 3. ~4-Z 3' I. Percentage of Impermeable Area of Site [I=GlH] (~ 9% Setback Reouirements Area Required Existing .Proposed Front [1] 3° ~.-7 G• -.~ Front [2] Shoreline ~ ~ Side Yard [1] 2 ~ ~ /~ • ~ Side Yard [2] , ZS Rear Yard [1] ~ Q /S~ /lam Rear Yard [2] Travel Corridor Height [max] ~ , o ~g ~ Permeability Soy, v7~ °' ~~l v ~ o No. of parking spaces ~ ~ T ~rtn c ~~~ ~ .. „~,y .Zoning Off;ce • 7~?2 Bay Road • Q~ F ~r~sdury, NY 1280 • 5~~n-76 ~ -8238 2 Area Variance Revised June 20C Additional Project Information Will the proposal require a Septic Variance from the Town Board of Health? -`) ° 2. If the parcel has previous approvals, list application number(s): 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? 1.., o 4. Estimated project duration: Start Date End Date 5. Estimated total cost of project: 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 buildinc floor area by the lot size in square feet, yielding a percentage. Zoning''Distr-ict Symbol :, ;; Floor Area Ratio [FARj ` ~:: - . .. ~ E .~~, t. _~- ~,> ,, ; Waterfront Residential WR :,.n,~.. , ,: 0.22 Commercial Moderate CM 0.3 Commercial Intensive Cf 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. Parcel Area s . ft. Existin Floor Area s . ft. see above definition Proposed Additional Floor Area s . ft. Proposed 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 3 Area Variance Revised June 20t Compliance with Zoning Ordinance Requesting relief from SECTION: Need relief from the requirement(s) listed below which can not be met by the project as proposed. (Check all that apply) j~'Setback ^ Buffer Zone mot Width i~Other ~ ~~ S t zC~ The following questions reflect the criteria for granting this type of variance. Please complete them; use addition sheets if needed. 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? f-~ o r r•~ ~ W t, a T5 t,J I c, ~ i~ C o +~ S t 5 r- N T- w- r-~ s ~ ~t ~= c u ~..~ o, ti, c.e L a r s 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant tc pursue, other than an area variance? ~~ ~ /arr,1`~ SJt'~ptylstot-~ aF TNtS ~t2o{~G2i `~ 4.~oyt,-c~ t2GQutt~G- t-~ ~I~G ~ J f}r2 rgrJC,G 3. Whether the requested area variance is substantial? two nG-fLl1T~ 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? ~ov~ 5. Whether the alleged difficulty was self-created? ~«. L~tGt--T ~'sN<S T~ S~~3v~/1~~C r~t2o~C~.f"Y Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 4 Area Variance Revised June 200 Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. 1 vcrycrtgL Title, Name, Address of applicant & person responsible for preparation of drawing SHOWN ON SHEET 2 Deed ;~ ~` 3 North arrcv~, Tax Map ID date prepared and s l i i -t.- . , ca e [m n mum 11n. = 40 ft.j <_ t 4 Bcundaries of the property plotted to scale zonin b d J ; , g oun ary 5 Principal structures, accessory structures with ext i di er or mensions 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed 7 Setbacks for all structures and improvements: e i ti & x s ng proposed 8 Elevations and floor plans of all proposed and affect d t t e s ruc ures B. „WATER,&SEWER --- SHOWN ON 1 Project sewa e dis l f ili ~SHEET`# g posa ac ties, destgn detatls, construction details, flow rates, and number of bedrooms proposed - 2 Water supply [i e well] & se tic d i i . . p on a jo n ng lots with separation distances to existing or proposed on-site water supply and se tic 3 Separation distances for proposed sewa e di l g sposa system to welt and water bodies 4 Existing public or private water sup l [well lak t M p y , e, e c.]. ethod of securing public or private water, location, design and construction of water su I includin dail water usa e 5 Percolation test location and results 'C. PARKING / PERItr1EABLE AREAS .. ~'~" ~` ~ ~~~ O~~M1f{+tON ''~ ~ 1 Number of spaces required for protect tnGudtn l l SfiEET # g ca cu ations and justification: existing & proposed 2 No. of existin arkin s aces number to be re d , move , number to maintain and a of surfacin material e. ., ravel, aved 3 Provision for pedestrian and handicap access and ki par ng: existing & proposed 4 Design details of ingress egress loadin areas and tti , , g cu ng: 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 existin and r d td g p opose ou oor lighting D. AD lTiO L SITE QEVELOPMENT AND IEAIS~~LLA~IEOUS - ~, 1 On-site & adjacent watercourses, streams, rivers, lake and wetlands /F A,~ ~' ; :SHO ~ NON ~~~ 2 Utility /energy distribution system [gas electric sol t l h , , ar, e ep one]: existing & proposed 3 Location design and construction det il f ll i , a s o a ex sting and proposed site improvements including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants, etc. 4 Square footage of bldg area proposed for off c f . i e, manu acturing, retail sales or other commercial activities: existing & pro osed e Signage: Location size type design and setback i ti & , , , : ex s ng proposed f Waiver Request: provide letter with a lication ti pp reques ng any waivers: please reference specific items Commercial/Industri l D l g a eve opment requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans h Identification of Federal Stat C , e or ounty permits required for the project together with a record of application for all necessary permits Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 20( Pre-Submission Conference Form X 179-4-0401 1. Tax MaplD ?jt~1.2o-t- 3-I. Z. 2. Zoning Classification h t~ ~\ 3. Reason for Review: _ ~ ~L~ . ~-L~~~' f~">~j ~f / ~~,~ ~~?~` ~.~a-,~J~`~ 4. Zoning Section #: ;~ ~~,/- ~~ L~'~'"C'~. 5. Pre-Submission Meeting Notes; Outstanding items To Be Addressed Include: Deed Yes ~No General Information complete Yes No Site Development Data Complete Yes No Setback Requirements Complete Additi l P Yes No ona roject Information Com plete Yes No FAR addressed Yes ~!!. No Compliance with Zoning Ordinance Yes No Checklist items addressed Yes No Environmental Form completed Yes ~ No Signature Page completed Yes No `by/Ul.•i'G L~T~~ v2~/j1 ~viy~,~~ A.t~r~liR.1~jJ.~4lc~~° c ._ Ab~~Tr~N.q G- .,£iv~-~ ,DC, ,3 -a ~j~yryre~~..~~ ,. ._ ,. ., Staff Represe Applicant /Agent: Date Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 6 Area Variance Revised June 20C 74-16d (17/45)-Text 12 • PROJECT I.D. NUMBER s».s° SEAR Appendix C State Envlronmentat Ouaitty Review ' SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLfSTED ACTIONS Onty PART)-PROJECT INFORMATION (To be completed by Applicant or Protect sponsor} i . APPLICANT /SPONSOR 0 _ _ ~. 2. PROJECT NAME 3. PROJECT LGCATION: Municipality tJ6~c h.t S (3u Q~ ~~t~ F ~ a. PRECISE LLO(C-ATION (Street atldcess end road Intersections, prominent landmerksuetc., or provide map) ` ~101~~I~iT ~iTIZG-E1 5. IS PROP ED ACTION: ^Expansion ^Moditlcatlon/alterallon 6. DESCRIBE PROJECT BRtEFLY: 5~~3vtvll~c- c-k,sr,,~c, o~~o acRc- ~~l2cG~ cr.}i-o two o • ; o ~4c.te c c°~Q cC ~. S 7. AMOUNT OF LAND AFFECTED: 8. WILL PROPOSE~TION COMPLY WITH EXISTING ZONING OR OTHER EXISTING~LAND USE RESTRICTIONS? ^ Yes No If No, describe brletly /~tZC~- + L.dr wtr~TN ~~.cta.~cc ~cc~~ct~ 9. WtHnA~T IS PRESENT LAND USE IN VICINITY OF PROJECTT Jig ResFdenUaf ^ Irtduatrlal ^ Comrr»reFal ^ A riculture Describe; g ©ParklForesVOpen space ^ Other 10. DOES ACTION INVOLVE A PERMIT APpgpyAl. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STAT~EyO(R LOCAL)9 ,~es ~~ If yes, list agaricy(s) and permit/approvata ~G~~~ i ~ Z~c~/A.2./~ ..~v j~ 'tJir S'~v 71 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID ERMIT OR APPROVAL? ^ Yes ~NO If yea, Ilst agency namo and permlUapproval t2. AS A RESULT OF PJiOPOSED AC;ION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ^Yes No ~1^-CERTIFY THAT THE INFORMATION PROVIDED A80VE IS TRUE TO THE BEST OF MY KNOWLEDGE AvPlicanusponspr name• ~~"~ rGIG t`"'fe~r2 V9p '~ j Oate: 6 Signature: if the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 ~ Area Variance Revised June 20C PART 11-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE f THRESHOLD IN 6 NYCRR PART 617.4? if yes, coortllnata the review process ono use the FULL EqF. ^ Yes ^ No E3. Wrtl ACTION RECEIVE CCORDtNATEO REVIEW AS PROVIDED FOR UNLISTED ACTfONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ^ Yes ^ No C- COULD ACTION RESULT 1:1 ANY ADVERSE EFFECTS ASSOCigTEO WITH THE FOLLOWING: (Answers may be hantlwrittan, if teglble) C1. Existing air quality, surface or groundwater quality or quantity, Hoist levels, existin traffic patterns, solid waste potential for erasion, drainage or flooding problems? Explain bristly: g production or disposal, C2. Aesthetic agricultural. archaeological, historic, or other natural or cultural resources; or community or neighborhood character? EXAlaln briefly: C3. Vegetation or fauna, fish, shellfish or wildtlfe species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as of ficiafly adopted, or a Change in use or intensity of use of land or other natural resources? Explain briefly C5. Growth, subsequent development, or related activities likely to be Induced Dy the proposed action? Explain brlelly. C6. Long term, snort term, cumulative, or other affects not identified in Ct-C6? Explain briefly. C7. Other impacts (Including changes !n use of either quantity or type of energy)? Explain briefly. D. WILL 7HE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ^ Yas ^ NO E. IS THERE, OR IS THERE LIKELY TO eE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTST ^ Yes ^ No if Yes, explain briefly PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise slgnillcant. Each effect should be assessed in connection with Its (a) setting (I.e. urban or rural); (b) probablltty of occurring; (c) duration; (d) Irreversibility; (e) geographic scope; and (Q magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been identified and adequately addressed. If question D of Part tl was checked yes, the determination and stgniftcance must evaluate the potential tmpact of the proposed action on the environmental characteristics of the CEA. ^ Check this box if you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ^ Check this box If you have determined, based on the information and analysis above and -any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name o Lead Agency Print or Type Name of Responsible fficer in Lea Agency Tire of Responsrbie O icer )ignature or Hesponv e t roar m lea Agency rgnature o reparer( r erenr rom res pony a orricerl Date 2 Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 20C Signature Page This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Sit Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentatio required. v•r nr_r~ .~ nu GVt rVKIYI. Complete the following if the OWNER of the property is not the same as the applicant OUrner: Designates: As agent regarding: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date OWNER SIGNATURE: DATE: ~rru~.ruv ~ o htuC1V I rVKM: 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: For Tax Map No.: Deed Reference: dWNER SIGNATURE: 2.i 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.) 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 focal 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 sand surveyor of ail newly constructed facilities prior to issuance of a certificate of occupancy Variance Site Plan Subdivision Section Block Lot Book Page Date DATE: haver nd agree to the above. tC t Signature [Applicant] Print Name [Applicant] D e signed Signature [Agent] Print Name [Agent] Date signed Tolvn of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 g WARREN COUNTY PAMELAJ. V DOCUMENT4 OG002~. 1 4.lME : 4~J0'~ F'AGE : 2.r*r_i COUNTY CLERK Lake George, NY 12845 sazmaotmo~~ Volm-4002 Pg-240 Instrument Number: 2010- 00002871 As Recorded On: April 22, 2010 Deed Parties: FEDERAL HOME LOAN MORTGAGE CORP To GERUSO PATRICK Billable Pages: 3 Recorded By: LAKE GEORGE TITLE Num Of Pages: 4 Comment: ** Examined and Charged as Follows: ** Deed 55.00 Cover Page 5.00 RP-5217 Resid/Agric 125.00 TP-584 5•~ Recording Charge: 190.00 Consideration Amount Amount RS#!CS# Transfer Tax 160.00 40,000.00 TT 1682 Basic 0.00 Local 0.00 Special Additional 0.00 QUEENSBURY Additional 0.00 Transfer 160.00 Tax Charge: 160.00 RECORDEC County Clerks Of P i~_e Avr 22-2Q1Q 02:?3F Fanela J, Uoeel warren County C1?rk ** TH{S PAGE IS PART OF THE INSTRUMENT'""` 1 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: 2010- 00002871 PATRICK 3ERUS0 Receipt Number: 161085 168 WEST MOUNTAIN RD Recorded Date(1"ime: April 22, 2010 02:23:42P QUEENSBURY NY 12804 Book-VoUPg: Bk-RP VI-4002 Pg-240 Cashier /Station: C Latham /Cash Station 3 9argain and Saie Deed, with covenant against grantor's acts-- DOCUMEhIT~- 040D2871 Ird. or Corp., single sheet, Standard N.Y.B.T.U. Form 8002 VOLUME : 4r]r]2 PAGE : 2fr 1 ~a / `r ~0! r `~~ `~'~ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE BY LAWYERS ONLY //~~ THIS INDENTURE, made the ~~~ day of t~Q~'~~. ~ ~ f3LV BETWEEN FEDERAL HOME LOAN MORTGAGE CORPORATION 5000 PLANO PARtCWAY, CARROLLTON, TX 75010 Party of the first part, and Patrick Geruso, residing at 168 West Mountain Rd., Queensbury, New York 12804 Parties of the second part, WITNESSETH, that the party of the first part, in consideration of One and More Dollars and other valuable consideration paid by the parties of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the parties of the second part forever. SEE ATTACHED SCHEDULE "A" TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part 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. THAT THIS CONVEYANCE is not of all or substantially all of the property of the party of the first part and is made' in the regular course of business actually conducted by the party of the first part. The word "party" shall be construed as ff it read "parties" whenever the sense of this indenture so requires. 34 HOWARD STREET OUEENSBURY, NY, 12804 v~ :Ut9t14) Y 1~Qfjri2°vi ; Vr7L1rMg. trt]r_1'~ FAGS- 247 IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN WITNESS WHEREOF, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer this g-n, day of Q't?-tom ~ ~.v~D BARGAIN AND SALE DEED With Covenant Against Grantor's Acts FEDERAL HOME LOAN MORTGAGE CORPORATION 5000 PLANO PARKWAY, CARROLLTON, TX 75010 FEDERAL HOME LOAN MORTGAGE CORPORATION BY: - " Ronald acke As Attomey-in-Fact Pursuant to a Power of Attomey ecorded on September 7, 2000 in Book 1180 Page 122. STATE OF ~~ COUNTY OF ~ On the S~ day of ~P~"- 3-a ~O before me, the undersigned, personally appeared {Z.rh~~t-~ l.J . ~pcX-EM ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hisltheir capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(6) ac ed, execu~j(ted the ins pent before notary in?qur~ d-- lltiin~.l o~t,~`t-l.. and State of TO t,W L Patrick Geruso ~~~ K-~~ Notary Public LISA M. tt6N6W ~~t"t`' NO Notary Public State of New York Oualdied in Erie County SECTION 301.20 My Commission Expires Feb. 7, a°~~ BLOCK 1 LOT 37.2 TOWN OF QUEENSBURY COUNTY OF WARREN RETURN BY MAIL TO: Patrick Geruso 166 West Mountain Road Queensbury, NY 12804 34 HOWARD STREET QUEENSBURY, NY, 1ZB04 UOCUMENT~ q~ppij-7871 ' VOLUI'tE: 4~]rl2' FADE: 243 .. Schedule A -Description of the Premises ALL THAT CERTAIN PIECE OR PARCEL OF LAND, situate in the Town of Queensbury, County of Warren and State of New York and which said parcel is more particularly bounded and described as follows: BEGINNING at a capped iron rod set in the easterly sideline of a street known as Howard Street at the northwesterly corner of lands now or formerly of Regina C. Presser by deed filed in the Warren County Clerks Office in Liber 122 at Page 326; said capped iron rod set being on a course of North 06 degrees 27 minutes 00 seconds East a distance of approximately 700 feet from the northerly sideline of Sherman Avenue; THENCE, extending from the point of beginning ire a northeasterly direction along the said easterly sideline of Howard Street, North Ob degrees 27 minutes 00 seconds East, for a distance of 150.00 feet to a capped iron rod set at the southwesterly corner of lands now or formerly of Michael A. Granger by deed dated July 10, 1990 and filed in the said Clerk's Office in Liber 797 at Page 326; THENCE, extending in a southeasterly direction along the southerly line of the said lands of Granger, South 81 degrees 02 minutes 15 seconds East, for a distance of 174.96 feet to a capped iron rod set at the southeasterly corner of the said lands of Granger, said fast mentioned point also being in a westerly line of a subdivision known as 'Woodmere Subdivision", as shown on a map entitled "Map of a Proposed Subdivision to be Known as Woodmere", made by Coulter & McCormack, Licensed Land Surveyors, Glens Falls, New York, dated April 1, 1987 and filed in the Warren County Clerk's Office on Aguust 3, 1987; THENCE extending in a southwesterly direction along the said westerly line of Woodmere Subdivision, South 07 degrees 34 minutes 50 seconds west, for a distance of t 50.00 to a capped iron rod set at the northeasterly corner of the aforementioned (ands of Regina C. Prosser; THENCE, extending in a northwesterly direction along the northerly line of the said lands of Prosser, North 81 degrees 00 minutes 15 seconds West, for a distance of 172.00 feet to the point or place of beginning. 34 Howard Street, Queensbury, NY Warren County ~; t~~ ~, ~~ i~. d ... y r3. { y.n ~:. `r: ~~ ~.~~~ ,X :;r ~>>~t. .~~ ._. f{~ d ~}4 ~ d~ fF~'~{.,. ~ t Z..,'lr~ r `:fit ~ f T~.. ~ `~, -ti b.~ rew~~a (~ .v~ 4 V; eW ~, ~~ ~F P,~~~ S~ ~ ~~ ~ v ~' ~ t.J ___ 1 _}.. ~. ~_~L ~_ ~• -~~~ ~~ -°, .~. '. ~~~ ~~~~ ~.~ ~~ ?~ ~'. '.~ _,_g ~;s ~'.~ j -; ( ~ ~ P4. ~~,i ;. r n ~~~~~~~~