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Application IL4L TOWN OF QUEENSBURY 742 gay mood, Queepfsbury, NY. 12804-5902 September 12, 2018 Al C:errone C:ermone Builders, Inc. 1589 Saratoga Road Fort Eduard,NY 12 92 8 RE: 140 sq-ft open deck Our Fife. RC 43-2018.SF'D 79 Devin Court Lot 14, The T i11age at Sweet Road T7rxMapNo: 29&14- -I4 Dear Mr, C;errone: I am writing to you in response to my review of the final survey submitted for the construction of a new home with a 140 sq, ft. open deck attached to a covered porch for the parcel refererrced above. The survey shows that the 140 sq. f. deck has been constructed in violation of the minimum rear yard setback requirement of 30 ft. for the MDR zoning district_ As you recall we spoke on August 31, 2018 and 1 informed you of the need for either a variance ur a removal of the deck. i understand that your agent Matt Steves of VanDusen and Steves has submitted an Area Variance application on your behalf, seeking variance relief for the deck. This letter serves as the denial letter for the processing of your variatxoe application, Should you have any questions regarding the, above comments, please do not hesitate to contact this office. Sincerely, Town of Queensbury C- '-0 Craig Brown oning Administrator CBlsh L:1Craia Bro nl2018 LetterslDenial C;errone Bldrs 79 Devin Ct 9_1 _ 019Aoc " Home of Nataral 8crrroty ... A Goon Place to Live ' -�-6 0 - ()� C�?bI <�- Area Variance Izaa appmwd: Septemlmr 2120161 i0eneral1nformation RECEIVED 296_14-2-14 Tax Parcel ID Nurnber; •� MDR �SEP L I Zoning District. �` TOWN Q _ S13uR1' Detailed Description of Project [include current proposed use]: ZONING OFFICE Residential Current Usc: Residential Proposed Use: 79 Devi Court Location of Project; Applicant Name: C:errone Buitdcrs, Inc_ Mailing Address i 1589 Saratoga Road Home Phone City, State, Zip Fort Edward NY 12828 Work Phone 519-480-7750 Cell Phone E-Mail- cenronebuiJder&@prnail,rom FAX No. Agent's Name: Van Dusen&. Steves Mailing Address 169 Haviland Road Home Phone City,Stye, Zip Queensbury NY 12804 Work Phone 518-792-8474 Cell Phone 518-796-6926 E-maii mats@vandusenandstcvcs.com FAX a. 51$-792-8474 Owner's Name Sarno Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Area Varlanoe 47.BAappmvod- Sepiember212[FIGI Site Develupment [late Area I Type Existing sq. fL Proposed Total sq.ft. Additions .ft. A. Building footprint 2192 0 2192 I B3 Detached Garage 0 0 0 C. Accessory tnicture(s) 0 0 0 D. Paved, gravel or outer hard surfaced area 833 -- 833 I-. Parches I Decks, 399 0 3" F. Other 0 0 0 G. Total Non-Penineable [Add A-F] 3-424 3424 H, Parcel Area [43,560 sq. R.1 acre] 15113 1�113 1. Percentage of Impermeable Area of Site (1=GfH] 26.1% 2 6.1 Setback Requirements Area Required Existiing Proposed Front Yard [1] 30 32 A 32.4 Front Ward [2.] NIA N/A NIA Shoreline NIA N/A NIA Side Ward [1] 10 Z4.8 24.8 Side Yard [2.] 10 28.8 28.8 Rear Yard [1] 30 2-3A 23A Rear Yard [2] NIA N/A NIA Travel Corridor NIA N/A NIA Height [maximum] 40 28 28 Pc.rmcaLbi lity 50% 73.9% 73.9% Number of parking spaces 2 2 2 Par 2 Area Variance [z&Awp : scp4cmber'21 2�)16] Additional proiect Information 1, Will the proposal require a Septic Variance from the Town Board orllealth? no 2. If the parcel has previous approvals, list appti oat ion numbers): 5[1 l 3. Docs this project require coverage under the New York State Pollutwit Discharge Eiirninadon System(SFDE S) Permit Program' _Yes I X No 4. Estimated project dwration. Start hate: 6119 End Date; loll$ 5. Estimated total cost.0 project; 0000 b, Total arcs i2f land disturbance for project: 8000 sq.ft. - - Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot si7e, 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] Warfront Residential WR 0.22 orrrmer6aI Moderate/Commercial CM I Cl 0.3 Intensive A. The combined area of all square footage, as measure from exterior walls of a]] structures on the property, including all floors of the structures, garages, basements and attics with more than five (3) feet of ceiling height and covered porches. Building square footage does not include. Open deck, docks and that portion of covered docks extending over rater and one storage shed of ane 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 app]i bte,the sum total of al floor areas of the principal and accessory bui ldings or structures on the project site. Parcel Area s q, ft. Existinst door Area s . ft, see above definition Proposed Additional Floor Area sq. ft. I'm osed Total Floor Area s . k Total Allowable Floor Area Area x see above table Page 3 Area Vari ance 1713A appmvcd; Septemba 21 20161 Compliance with Zoning Ordinance Requestingmlieffrom SECTION I q— ' OV&" 4 — Need relief from the requirement(s)listed below which can not be met by the project as proposed. {Check all that aMY1 29 Setback ❑Buffer Zone ❑Lot W idth ❑Other 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? ]one Jn character with aclioiningpraperties. 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-Ramoving the deck would not he in character with the neighborhood. 3. Whether the requested area variance is substantial? Mnrferate. ' 7?S.,red klfrom the reqie�ed rear,g hacre 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? None 5. Whether the alleged difficulty was self-created? veg. Page 4 Area Variance I ZBA appmvcd= September 2120161 Section 179-14-030-A ppHcafion materials Application Maurials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s)-a survey showing existing conditions, a proposed conditions map(see page 00 for specific criteria)and include any other attachments that address A-D as applicable to the proposed project. A. General Shown on Sheet# i Title, Name, Address ofa licant& person responsible for preparation of drawing S-1 2 Deed APP 3 North arrow, Tax MV 1D,date prepared and scale minimum: 1 inch - 40 feet S-1 4 Boundaries of the property plotted to scale,zoning bounds 5-1 5 Principal structures,accessory structures with exterior dimensions S-1 b Site improvements inn. outdoor storage areas,driveways, parking areas,etc.: existing 8c S_1 ro sed 7 Setbacks for all structures and im ovements: existing&proposed S-1 8 Elevations and floor plans of all proposed and affected structures NYA 13. Water&Sewer Shown on Sheet# l Project sewage disposal facilities, design details,construction details, flow rates,and number of N/A bedrooms proposed 2 Water supply [i_e. well] & septic on adjoining lots with separation distances to existing or N/A proposed on-site water supply and s tic 3 Semeration distances for prDposed sewage d ispo&al system to well and water bodies N/A 4 Existing public or private waters upply [we ll, 1ake,etc.]. Method of securing public or private S-1 water, location, design and construction of water supply including daily water usage 5 Percolation test location and results NVA . PaddnA 1 Permeable Areas Shown on Sheet 9 1 Number of spaces required For project including calculations and justification_ existing& 9-1 Proposed No. of existing parking spaces, number to be removed,number to maintain and type of surfacin g _1 material e.&, gravel, paved] 3 Provision for pedestrian and handicap access and parking. existin 8c proposed N!A 4 Desi gn details of ingress, egress, load ing areas and cuttin : r'-Xi sti ng&proposed NIA 5 Location and character of green areas [existing and proposed], modification to green area,buffer S-1 zone to remain undisturbed 6 Li ghtin location and desi2 of all existi ng and proposed outdoor lighting NIA D. Additional Site Dtvelopnwent and Miscellaneous Shown on Sheet# i Dn-site& adjacent watercourses, streams, rivers lake and wetlands NIA 2 Utility/energy distributions stem as,electric,solar,telephone]: existing&-proposed NIA 3 Location, design and construction details of all existing and proposed site improvements NIA includin . drains, culverts,retai ni ng walls,fences, fire& emergency zones and hydrants, etc. 4 Square footage of bldg. area proposed far office, manufacturing, retail sales or other commercial MA activities: existin & provosed 5 Si a : Location,size,type,design and setback: existing proposed NA/ 6 Waiver Request: provide letter with application requesting any waivers: please reference NIA specific items 7 Commmial 1 Industrial Development requires submission of Landscapi ng, Stormwater NIA Mane ement, Orading& Lighting Plans 8 Identification of Federal, State or County permits required for the project together with a record N/A of application for all nece ermits E'agu 5 Area VarianCC [2dAappioved. SepLcmbu21 2016� Pre-Submission Conference Form I Section 179-9-040 1. Applicant Nome: Cerrane BuiIder3, Inc. 2. Tax Map ID 296.14-2-14 Location: 3. 'Zoning Classification MDR 4. Reason for Review: S. Zoning Section N. � (�oc� C ,� - C7 Y( SL,--ic 6. Fro-Submission Meeting Notes.- Provided Outstanding; Please provide by Deed I r� General Information complete + Site Development Data Complete + Setback requirements Complotc Additional Project Information Complete FAR addressed Compliance with Zoning Ordinance Checklist items addressed Environmental Form completed yV Signature Page completed tafRepresentative= t,C. Applicant 1 Agent: fate: Fagg 6 Area Variance ILEA approval: Scpftniber2l 20161 This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.) Other Permit Responsibilides; 5.)Dfficial Meeting Disclosure and 6.)Agreement to provide documentation required, OwN R'S AGENT FORM: Complete The following ifthc OWNER of the property is not the same as the applicant: Owner Designates; as Agent regarding the following: Variance Site Plan Subdivision For Tax Map No. Deed Deference: By image/ ate 7- OWNER SIGNATURE; DATE, APPLICAKF'S AGENT FORA; Complete the following if the APPLICANT is unable to attend the meeting or wi shes to be represented by another party; Owner-. Ccrronc Builders, Inc. Designates: Van Dusen& Stews as Agent regarding the Following: Variance_ Site Plan_ Subdivision_ For Tax lviap No..296.14- 4 Deed R ference: Book Page Date OWNER S1GNA FURI,: DATE, _M ENO1NEER1NG 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 VialM By signing this page and submitting the application materials attached herein, the Owner, Applicant,and his/her/their agents)hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the purpose of reviewi ng the application submitted_ 4.) OTHER PERMIT RESPONSIBIL111E 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 MI N UTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings ofmcctings resulting from application, and minutes transcribed from those tapes constitutes the official record of all proceedings, 6- AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED. 1, the undersigned, have thoroughly read aid understand the instructions for submission and agree to the submission requirements, I acknowledge no cvnstnKtion activities shall be commenced prior to issuance of a valid permit. 1 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. 1 also understand that IJwe may be required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior tD issuance of a certificate of occupancy I have d an gree to the a ve. lew Ay �� � Signatu n P Int.Name[Applicant] Date signed Signature[Agcntl Print Name[Agent] Date signed F�ge 7 Short Environmental Assessment Form Part 1 i Project Information Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of part 1. Responses become part of the application for approvval or funding,are subject to public review,and may be subject to Further verification. Complete Pats l based an information curreoy available- if additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as passible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. park I - Project and Sponsor Information Cerrone eutider5, IrLr. Name of Action or Prof ect= Variance for exlsting dark Project Location (describe, and attach a location map): 79 Devin Court Brief Description of proposed Action. Existing single family name-Deck on rear of home requires a valance far rear eelback. Name of A pp licant orSponsor: Tc]ephone: $18 7750 CefnxwStrilders'Inc. E-[Nail, OWOF1ebuAder5 grnFil,com Address: 15n sarainga Fzaaa Citylpo; State-. Zip Code: Fort E Wwd NY 1.Does the proposed action only involve the legislative adoption oI a p[an, local law,nrdinancE, NU YES administrative rule,or regulation? If Yes,attach a narrative desed ption ofthe intent ofthe proposed action and the environmental resources that F] may be affected in the municipality and proceed to Part 2, if no,continue to question 2. 2- Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, Iist agency(s)name and permit or approval: ,� ❑ 3.a. Total acreage of the site of the proposed action? 35 acres b-Total acreage to be physically dislurbcd? -15 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? -._ -35 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban [:]Rural(non-agriculture) ❑Industrial ❑Cornmercial ❑Residential(suburban) WlFarest ❑Agriculture [I Aquatic ❑Other(specify); — ❑Parkland Page I of 5- Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? E fil ❑ b.Consistent with the adopted comprehensive plan' I ❑ 6. is the proposed action consistent with the predominant characicr of the existing built or natural NO YES landscape? 0 0 7- Is the site of the proposed action located in,or does it adjoin,a slate listed Critical Environmental Area? NO YES If Yes,identiry. ❑ ❑ S. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YE 771 ❑ b- Are public transportation service(s)available at or near the site of the proposed action? F e. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9. Docs the proposed action meet or exceed the state eriergy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 01 10- Will the proposed action connect to an existing pub Iiclprivate water supply? NO YES if No,describe method for providing potable water: fr 11.Will the proposed action connect to existing wastewater utilities? NO YES If No.describe method for providing wastewater treatment: -- ❑ I a-Does the site contain a structure that is listed on either the State or National Register of Historic N0 YES Planes? © ❑ b.Is the proposed action located in an archeological sensitive area? 13.a. Does any portion of the site of the proposed action.or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? P1 El b, Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? � ❑ If Yes,identi fy the wetland or waterbody and extent of alterations in square feet or acres; 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply. El Shoreline 0Forest ❑Agdcultural/gramlands ®Early mid-successional ❑ Wetland ❑Urban 0 Suburban t 5. Does the site of the proposed action contain any species of animal,or associated habitats, listed N0 YES by the State or Federal government as threatened or endangered? 0 1:1 16, Is the project site located in the 100 year flood plain? NO YYF.S 17.Will the proposed action create storm water discharge,either from point or non-point sources? z NO YES if Yes, ❑ a, W ikl stflnn water discharges flow to adjacent properties? ❑NO ©YES b, Will storm water discharges he directed to established eonvcyancc systems (ronoffand storm drains)' — -If Yes,briefly describe, ❑NO ❑YFS Page 2 of 3 18, Does the proposed action include construction or other activities that result in the impoundment of N O YES water or other liquids(e.g,retention pond,waste lagoon,dam)? If Yes,explain purpose and size:. -- __ ❑ 19_ Has the site of the proposed action or an adjoining property bccn the locatirn of an active or closed N0 YES solid waste management facility? if Yes,describe _.. I#i ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ ❑ I AFF1RM THAT THE INFOatMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF h7Y KNOWLEyponii Appl1cantl erroneauucl nc. Date, Septembar6. 2a1E Signature- PRINT FARM Page 3 of Agency Use Only[If applicable] Projeet• Date. Short Environmental Assessment Form Puri 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in part 1 and other materials submitied by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and uantext n f the proposed action?" No,or lloderute small to large impact impact may may occur occur 1, Will the proposed action create material conflict ,�,ith an adapted land use plan or zoning ❑ ❑ regulations? 2. Will the proposed action result in a changr:in the use or intensity of use of land? ❑ J� 3. Wi I I the proposed action impair the character or quali ty o f the existing community? ❑ IL❑�J 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ ❑ estabiishment of a Critical Environmental Area(CEA) S. Wi I I the proposed action result in an adverse change in the existing level of traffic or 171 ❑ affect existing infrasm,octure for mass transit,biking or walkway 6. Will the proposed action cause an increase in the use of energy and it Fails to incorporate ❑ ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed motion impact existing. ❑ El public/private water supplies? b.public 1 private wastewater treatrnwrit utilities? ❑ ❑ 8. WiII the proposed action impair the ch aracter or q ual i ty of important historic,archaeological, ❑ Elarchitectural or aesthetic resources? 9. Wil1 the proposed action result in an adverse change to natural resources(e-g-.wetlands, El ❑ waterb❑dies,ground}water,air quality, flora and fauna)? 10. Will the proposed action molt in an increase in the potential for erosion, flooding or drainage El Elproblems? 11, ►NiII the proposed action create a hazard to environmental resouares or human health? ❑ ❑ PRINT FORM Page I oft Age cy Use Only[If applicable] Project. Date: Short Environmental Assessment Form Part 3 Determination of S ign ifi cance For every question in Part 2 that was answered"moderate to large impact may occur", orifthere is a need to explain why a particular element of the proposed action may or will not result in a significant adverse envirorLmcntal impact, please complete Part 3- Part 3 should, in sufficient detail, identify the impact,including any measures or design elements that have been included by the Project sponsor to avoid or reduce impacts, Part 3 should also explain how the lead agency determined that the irnpa❑t may or will not be significant. Each potential impact shcu]d be assessed considering its setting, probability ofoeeurring,duration,irreversibility, geographic scope and magnitude- A]so oonsider the potential for sh - term, long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above, and any supporting documentation, that the proposed action may n:sult in one or mnre potentially large or significant adverse inVacts and an environmental impact statement is rNui red. Check this box iryou have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts, Name of Lead Agency Date Print or Type Name oi`Responsible 0Micer in bead agency Title or Responsible Oft,=T -- Signature of Respons[ble 0Mcer in lead Agency Signature Gf Preparer(if different from Responsible Offim) PRINT FORM Paget oft WARREN COUNTY PAMELA J. VO EL, COUNTY CLERK COUNTY CLERK Lake George, NY 12845 0 0C:UMENT2953o PAGE:8 xrrO Instrument Number: 2006.00005738 As Rer.arded On: June 07,2006 Deed Commercial Parths: RUSSO SALVATORE M To CERRONE BUILDERS INC Billable Pages: 8 Recorded By: LITTLE&O CONNOR Nurn Of Pages: 6 Domrwnt ** Examined and Charged as Follows; Deed owmwdipl 20.00 Cover Page 5.00 Cultural Educallon 15.00 RP-5217 CammerdEd 165.00 Slate Educalfon 5.00 TP-584 5.00 Recording Charge: 21&00 coulkwration Arnoant ► mDurtl RSVCZ# Tmnefer Tax 10&40,U4 4130.000.01) TT 3200 Sash 0.00 QUEEN59URY SpecEalAdditi mal 0,00 Add4unal 0_00 TianSIOF 116rM.G0 Tax Charge: 1.000.00 RECt]RD tmmt5r Cl4rks OPf ic+z .lam 07,M6 :23P Palm J. Ylseral Norm Counk9 Clerk *"THIS PAGE lS PART DF THE INSTRUMENT** I hereby cerfliy that the within and foregoiltig was recorded in the Clerk's Office For. WARREN COUNTY, N File Information: Record and Return To: Document Number 2006-00005738 LITTLE &O CONNOR Receipt Number: 1832 PO BOX 898 Recorded DatelTime. June 07, 2006 01;2331 P GLENS FAILS NY 12801 Book-VoUP9, Bk-RP Vl-2953 Pg-140 Cash 1 SWtion- C Burch ! Cash Station 3 DOCUMENT 0000 73 VOLUME-. 2953 PAGE y 142 in Witness Whereof, the party of the first part has hereunto set his hard and seal the day and year first move written. SALVATORE M. RUSSO STATE OF NEW YORk } ss.. COUNTY OF WARREN ) n this day of May, 2006, before me, personally appeared, SALVAT RE M. RUSSO, 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 he executed the same in his capacity, and that by his signature on the instrumen the individu i, or the person upon behalf of which the individual acts ecute trument. Notary Pu lic MAPIA G. NowOrNY Rag.No.p2NO4787753 Commis&ned iK Vf-"-4.County omWesjun Pxires W311WO 2 OOCUMENT� 00005732 VOLUME: 2953 PAGE - 1� ALL THAT PIECE, PARCEL OR LOT OF LAND situate, lying an being in the Town of Queensbury, County of Warren, State of New York, more particularly bounded and described as follows HE ItgNING at an iron rod found in the ground for a corner in the northerly bounds of Sweet Road at the southwest corner of lands conveyed to Stanley H . and Madeline E . Bull by deed dated August 12, 1963, recorded in book 433 of deeds at page 85; thence running westerly along the northerly bounds of said Sweet Road the following five courses and distances : (1) North 79 degrees, 36 minutes and 01 second West, a distance of 188 , 03 feet; (2) North 79 degrees, 18 minutes and 23 seconds West, a distance of 53 . 84 feet; (3) North 78 degrees, 46 minutes and 54 seconds crest, a distance of 172 . 09 feet ; (4) North 79 degrees, 31 minutes and 34 seconds West, a distance of 505 . 06 feet; (5) North 86 degrees, 32 minutes and 24 seconds West, a distance of 126. 71 feet to the southeast corner of lands now or formerly of Moon; thencoe running along said lands of goon the following seven courses and distances : (1) North 05 degrees, 38 minutes and 17 seconds East, a distance of 200 . 00 feet; (2) North 87 degrees, 02 minutes and 43 seconds vest , a distance of 150. 00 feet; ( 3) north 05 degrees, 38 minutes and 17 seconds East, a distance of 33 . 98 Beet; (4) North 09 degrees, 41 minutes and 17 seconds East, a distance Qf 245 . 87 feet; (5) North 07 degrees, 11 minutes and 17 seconds East, a distance of 120 . 2E feet; (6) South 82 degrees, 4B minutes aDd 43 seconds East, a distance of 125 . 00 feet; (7 ) north 06 degrees, 57 minutes and 05 seconds East, a distance of 465 . 17 feet to the northeast corner of said lands of Moon in the southerly bounds of the subdivision known as Old Orchard Pa3A azd also in the southerly bounds of lands now or formerly of Noble; thence running along said Old Orchard Park, the following two courses and distances : DU U�F IST 00005738 VOLUME n 295Z FAGS o 144 (1) South 83 degrees, 27 miTiutes and 00 seconds East, a distance of 262 . 91 feet; {2) South 63 degrees, 31 minutes and 00 seconds East, a distance of. 403. 52 feet to a point in the westerly bounds of lands of Niagara Mohawk Power Corporation; thence running along the same, Soutar 29 degrees, 58 minutes and 50 .seconds East, a distance of 975 . 28 feet to the northeasterly corner of lands now or formerly of Blackmer; thence running North 77 degrees, 57 minutes and 28 seconds West, along the northerly bounds thereof and along the northerly lands of Bull, a distance of 184 . 00 feet to the northwesterly corner of said lands of Bull; thence running south 08 degrees, 14 minutes and 58 seconds West, along said lands of Bull, a distance of 350 . 18 feet to the point and place of beginning - Bearings given in the above description refer to magnetic North . ALSO ALL THAT PIECE, PARCEL, OR LOT OF,.LA D situate, lying and being in the Town of Queensbury, County of Warren, State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly bounds of said lands of Niagara Mohawk Power CozpQration and located South 83 degrees, 02 minutes and 57 seconds East, a distance of 93 . 87 feet from the northeasterly corner of the above described parcel, being in the southerly bounds of said Old Orchard Park Subdivision; thence running along said Old Orchard Part Subdivision fha fallowing two courses and distances : (1) 8outh 63 degrees, 04 minutes and 00 seconds East, a distance of 447 . 37 feet; (2) South 82 degrees, 58 minutes and 00 seco-,ds East, a distance of 146 . 33 feet to the northwesterly corne- of Ridgewood Park Subdivision: thence running along said subdivision in the westerly bounds of lands of Tarana, Harvey and West, the following two courses and distances: (1) South 22 degrees, 02 minutes and 08 secc -,ds West, a distance of 550 . 6 feet; (2) South 09 degrees, 45 minutes and 59 seco_•_ds East, a distance of 117 . 35 feet to the northeasterly bounds of said lands of Niagara Mohawks Power Corporation; thence running along the same, North 29 degrees, 58 minutes and 50 seconds West, a distance of 805 . 7b feet to the point and place of beginn.'_hg, Bearings given in the above description refer .to magnetic north. 4 00CUt'1ENTI- 0000573 VOLUME: 2953 PAGE: 145 The grantees by acceptance of this conveyance acknowledge that the above property is restricted for residential use only to a depth of 150 feet north of Sweet Road. TOGETHER with any and all interest Grantor has in right-of ways or crossings over and upon premises heretofore conveyed to New York Power & Light Corporation not exceeding twenty- five(251)feet in width as the same were reserved In deeds and reference is made to the following deeds for a more detailed description: A. Deed from A.r&ur C. Brown and Hollis Brown to New York Power and Light Corporation dated 5/20/1 31 which was recorded 5/28/1931 in the Warren County Clerk's Office in Book 187 of Deeds at Page 43 and ' FL Deed from Jathur t Sweet and Mary Sweet to New York Power and Light Corporation dated 5/19/1939 which was recorded 5/27/1939 in the Wamn County Clerk's Office in Boat 211 of Deeds at Page 503. INTENDING to convey premises described in the following Deeds: 1. Deed from Louise H. Burton to Salvatore Russo dated 1/13/1967 which deed was recorded 1/20VI967 in the Warren County Cleric's Office in Book 478 of Deeds at Page 86; Excepting and reserving therefrom premises de cribed in a deed between Salvatore Russo and George Kouba and Ruth KQuba dated 6/26l1978 which deed was rmiardcd 7/511978 in the Warren County Clerk's Office in Book 615 of Deeds at Page 44 . . Deed from National Commercial Bank and Tryst Company, as Executor of Douglas C. Burton, deceased, to Salvatore Russo dated 1/13/1967 which &W was recorded 1P2W19 7 in the Warren County Clerk's Office in Book 478 of Deeds at Page 88; Excepting and reserving therefrom premises described in a deed between Salvatore Russo and Georgr, Kouba and Roth Kouba coaxed 612l1 97a which deed was recorded 7l511978 in the Warren County Clerk's Office in Book 615 of Deeds at Page 4.49. 3. Deed from Salvatore Russo to Salvatore Russo and Evelyn Russo dated 7/1011979 which deed was recorded 11/8/1979 in the Warren County Clerk's Office in Boolt 627 of Deeds at Page 185;