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Appeal Application dated March 4, 2019 regarding ZA decision of January 4, 2019 Caffry & Flower ATTORNEYS AT LAW 100 BAY STREET GLENS FALLS,NEW YORK 12801 (518)792-1582•FAX:(518)793-0541 JOHN W.CAFFRY AMANDA J.KUKLE KRISTINE K.FLOWER March 4, 2019 Hand Delivered (11 Copies) Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, New York 12801 Re: Appeal of Charles C. Freihofer, III of Zoning Administrator' s Decision Re: Davis/Dark Bay Properties, LLC, Tax Map Lot Nos. 238 . 18-1-27 . 1 & 27 . 2 Dear Board Members : On behalf of our client Charles C. Freihofer, III we hereby appeal the January 4, 2019 decision by the Town of Queensbury Zoning Administrator, Craig Brown, regarding the above-referenced properties ("Brown Decision") (Exhibit 1) . Mr. Freihofer is the adjoining property owner to the subject properties . The Brown Decision held that the two tax map lots owned by Lawrence A. Davis and Dark Bay Properties, LLC are legally preexisting separate nonconforming lots and that the purported lot on which a new single family residence is now proposed (tax map lot no. 238 . 18-1-27 . 2) is a legally existing separate building lot . That decision should be reversed because the two lots were previously merged into a single nonconforming lot, as a matter of law, and in actual fact . Lot 27 .2 Is Not A Separate Legal Building Lot The background on these lots, and the legal reasons why they are now merged into a single lot, are more specifically set forth in my letter to the Planning Board dated January 10, 2018 (Exhibit 2) . The letter and its exhibits document the fact that although, on paper, these lots may have once been separate lots long ago, they no longer are. The lots were legally merged and can not now be treated as separate lots. Queensbury Zoning Board of Appeals 2 March 4, 2019 Re: Davis/Dark Bay Properties, LLC The combined lot does not meet the 2 acre minimum lot size in the Waterfront Residential (WR) district, and it already has 3 residences on it. Also, the smaller lot (no. 238 . 18-1-27 .2) does not meet the 150 foot minimum shoreline frontage requirement. See Exhibit 1, p. 3 . Therefore, a new residence can not be built on it, as proposed. The reasons why the lots are not separate legal lots are summarized as follows : (a) The lots were merged as a matter of law when the Adirondack Park Agency Act ("APA Act") took effect in 1973. (b) The lots must "be treated together as one lot for zoning purposes" under the Town of Queensbury Zoning Law, Town Code Chapter 179. (c) The lots were merged in fact by a prior owner in 2008 . Exhibits Attached hereto are the following exhibits : Exhibit 1 - January 4, 2019 decision by Craig Brown Exhibit 2 - January 10, 2018 John Caffry Letter to Planning Board (with Exhibits A to L) Exhibit 3 - March 2017 Site Map Exhibit 4 - October 19, 2018 John Caffry Letter to Craig Brown Exhibit 5 - March 4, 2019 Application for Appeal signed by John Caffry, as Attorney and Agent for Freihofer Exhibit 6 - July 25, 2018 Application for Appeal signed by Mr. Freihofer Procedural Background In 2017, the property owners applied for site plan review for a house proposed to be built on a . 23 acre lot with only 40 feet of lakefront (no. 238 . 18-1-27 . 2) in the WR zoning district. In opposition to that application, we submitted Exhibit 2, which Queensbury Zoning Board of Appeals 3 March 4, 2019 Re: Davis/Dark Bay Properties, LLC showed that this is not a separate legal building lot . However, the Planning Board declared that the issue of the legality of the lot was not within its jurisdiction, and refused to decide the issue. The Board then approved the application for site plan review. We then filed an Article 78 proceeding in Supreme Court challenging that approval. Around the same time, we also filed with the ZBA an appeal of a related decision by Mr. Brown, Appeal No. 1-2018 . That appeal has been tabled at our request, and has not yet been heard by you. Also at our request, the court has placed that case on hold. In September 2018, Mr. Davis and Dark Bay Properties, LLC filed with Mr. Brown a request for an interpretation on some of the issues covered by the lawsuit and the prior appeal. On October 19, 2018 I filed a response to that request (Exhibit 4) . Mr. Brown issued his decision on January 4, 2019 (Exhibit 1) . 1 The Brown Decision Should Be Reversed Notwithstanding the clear requirements of both the APA Act and the Town Code, Mr. Brown parsed the language of the Town Code to find that the lots were not merged. This finding was wrong and should be reversed. In the interest of saving space, rather than repeating the entire background for the appeal here, I would like to refer you to the attached Exhibits 1 and 4, which show how and why the two lots were legally merged. The APA Act makes it clear that adjoining preexisting nonconforming shoreline lots that were in the same ownership when that law took effect in 1973 are required to be merged. See Exhibit 2, pp. 4-5; Exhibit 4, pp. 3-5 . The two lots in question were, in the same ownership at that time. See Exhibit 2, pp. 2-3. Therefore, they were legally merged then. Mr. Brown focused on the Town Code, which he said does not contain a specific date for such mergers. See Exhibit 1, p. 2 . He then decided that the status of the lots should be determined as of the time that a development is proposed, rather than as of 1973 . See Exhibit 1, p. 3 . This decision was contrary to the 1 This was the first time that Mr. Brown made a formal finding on this issue. Queensbury Zoning Board of Appeals 4 March 4, 2019 Re: Davis/Dark Bay Properties, LLC intent of the applicable laws, which is to eliminate preexisting undersized lots in the Adirondack Park, especially on shorelines . The decision was wrong for two reasons . First, in that part of the Town that is within the Adirondack Park, the Town has an approved local land use plan that is a delegation of zoning powers from the APA, including the regulation of shoreline lots. Within the Park, the Town Code must be consistent with the APA Act and APA regulations, ' and it must be applied in a manner consistent with the Act and regulations. See Exhibit 4, p. 3 . APA Act § 811 (1) (a) provides, in pertinent part, that: a. Single family dwelling on existing vacant lot. One single family dwelling or mobile home shall be allowed to be built on any vacant lot which was on record on the date that this act shall become a law regardless of the overall intensity guidelines, or the minimum lot width provisions of the shoreline restrictions . For the purposes of this exemption, such a lot must not adjoin other lots in the same ownership, provided however, . that all such lots in the same ownership may be treated together as one lot. (emphasis added) The APA regulations at 9 NYCRR § 573 . 4 (g) provide, in pertinent part, that: (g) Merger of lots acquired prior to May 22, 1973. Adjoining lots owned by one landowner, each acquired prior to May 22, 1973, except lots in a preexisting subdivision or separately-owned preexisting vacant lots of record as described in section 811 (1) (a) of the Adirondack Park Agency Act, shall be deemed to have merged into one undivided lot as of that date, even if described in different deeds or acquired at various times. (emphasis added) As of May 22, 1973, the two lots adjoined each other and were "owned by one landowner". See Exhibit 2, pp. 2-3 . Because the two lots were clearly merged in 1973 pursuant to the APA Act and 2 For instance, Town Code Zoning Law § 179-13-060 . D distinguishes between those parts of the Town outside the Park and those parts inside the Park. Queensbury toning hoard of Appeals 5 March 4, 2019 Re: Davis/Dark Bay Properties, LLC APA regulations, their legal status was determined as of that time. They could not be legally re-subdivided after that. Mr. Brown argues (Exhibit 1, pp. 2-3) that APA Act § 811 (1) (a) "does not reveal any specific references as to the timing" of this requirement. This is not correct. The law specifically refers to "the date that this act shall become a law". Id. As set forth in the APA regulations at 9 NYCRR § 573. 4 (g) , that date was May 22, 1973. See also McKinney' s New York Executive Law § 811, footnote 1 . Second, Mr. Brown has misinterpreted the Town Code. Town Code Zoning Law § 179-13-060 . D states : Development of nonconforming lots in a critical environmental area and/or the Adirondack Park shall be in accordance with § 811 of New York State Executive Law Article 27 (the APA Act) . Development of such lots shall also comply with the minimum yard setback, lot width, permeability and building height limitations as set forth by this chapter. In the event that a lot located within either a critical environmental area or the Adirondack Park does not comply with the minimum density or minimum shoreline width requirements and adjoins other lots in the same ownership, the lots will be treated together as one lot for zoning purposes. Lawful nonconforming lots shall include those lots in preexisting subdivisions which were approved by the New York State Department of Health. (emphasis added) Because this section incorporates by reference APA Act § 811, it must be applied consistently with that law. As shown above, Mr. Brown' s interpretation is not consistent with the APA Act and APA regulations . Also, this section of the Town Code states that "In the event that a lot located within either a critical environmental area or the Adirondack Park does not comply with the minimum density or minimum shoreline width requirements and adjoins other lots in the same ownership, the lots will be treated together as one lot for zoning purposes . " (emphasis added) Mr. Brown found at page 3 of his decision that Lot No. 27 . 2 "requires an Area Variance for relief from the shoreline width requirements" . Exhibit 1, p. 3. Queensbury Zoning Board of Appeals 6 March 4, 2019 Re: Davis/Dark Bay Properties, LLC Therefore, under § 179-13-060. D, the lot "does not comply with the . . . minimum shoreline width requirements". Because it "adjoins other lots in the same ownership, the lots will be treated together as one lot for zoning purposes. " Id. This requirement was added to the Town Code over 20 years ago, and took effect at that time. Therefore, the lots must continue to be "treated together as one lot", even if the current owners have now deeded them separately. Also, the lots were deeded separately in 2016, without subdivision approval . See Exhibit 2, p. 3 . Because § 179-13- 060 . D required that the two lots be treated as one lot for zoning purposes at that time, this was an illegal subdivision. The lots must continue to "be treated together as one lot for zoning purposes". In conclusion, if Mr. Brown' s interpretation is upheld by the ZBA, § 179-13-060 . D would become useless, because any landowner could evade it merely by deeding one of the lots prior to applying for a permit to develop a nonconforming lot. See Exhibit 4, p. 8 . This erroneous decision must be reversed. Because there are some overlapping issues in the two appeals that we have filed, I request that they be heard by you at the same time . know. If you need anything further at this time, please let me S�� cerel , ti n Wr affry icaffrv, affr lawoffice.co10 JWC/ljs enc. cc: Craig Brown (w/enc. ) Leah Everhart, Esq. Jonathan Lapper, Esq. Charles C. Freihofer, III (via mail, w/enc. ) \\C_F DATA\public\Client.Files\Freihofer.3684\ZSAAppeal.2D19.wpd EXHIBIT 66199 no ~_ - CSC�b'v JAN TOWTI' OF QUEENSBURY 0 7 2019 742 Bay Road, Queensbury, NY. 12804-5902 -� --- �„- January 4, 2019 Jonathan C. Lapper,Esq. Bartlett,Pontiff, Stewart&Rhodes,PC P.O. Box 2168 One Washington Street Glens Falls,NY 12801 RE. Davis—Dark Bay Properties,LLC Teresi Tax Map No:239.18 2-27.2 Dear Mr. Lapper: I am writing to you in response to your September 20, 2018 letter regarding the property referenced above. On June 25, 2018 the Town of Queensbury Planning Board adopted a resolution approving Site Plan 67-2017 for the development of the subject parcel with a single- family dwelling, on site wastewater system and other associated site improvements. On July 30, 2018, Charles Freihofer filed a Notice of Appeal with the Town seeking to appeal from a June 26, 2018 letter from my'office to Mr. Teresi regarding the Planning Board approval. After this Appeal was filed, I received additional correspondence from your office dated September 20, 2018 and correspondence from Mr. Freihofer's Legal Counsel dated October 19, 2018. With consideration of all the abov6-referenced documents, applicable Sections of the Town of Queensbury Code and Section 811 of the Adirondack Park Agency Act, (APA Act) I offer the following: Mr. Freihofer claims that the parcel in question is required to be merged,by law,with the adjoining parcel to the west since both parcels must be considered non-conforming and they were in the same ownership on May 22, 1973. Further, Mr. Freihofer asserts that the subject parcel does not meet the minimum lot size and shoreline width requirements of the current Town Zoning Law. Your client takes issue with Mr. Freihofer's interpretation of Town Zoning Law Section 179-12-060. He further argues that even if that interpretation were correct,that the subject parcel nonetheless qualifies for an exemption pursuant to subparagraph(D)based on a previous subdivision of land that created the parcel in 1907. "Home of Natural Beauty... A Good Place to Live " Jonathan C. Lapper,Esq. Page 2 January 4,2019 Section 179-13-060(D) of the Town of Queensbury Zoning Law reads: D. Development of nonconforming lots in a critical environmental area and/or the Adirondack Park shall be in accordance with §811 of New York State Executive Law Article 27 (the APA Act). Development of such lots shall also comply with the minimum yard setback, lot width, permeability and building height limitations as set forth by this chapter. In the event that a lot located within either a critical environmental area or the Adirondack Park does not comply with the minimum density or minimum shoreline width requirements and adjoins other lots in the same ownership, the lots will be treated together as one lot for zoning purposes. Lawful nonconforming lots shall include those lots in preexisting subdivisions which were approved by the New York State Department of Health. This Section of the Town Code references Article 811 of the APA Act which reads in relevant part: a: Single family dwelling on existing vacant lot One single family dwelling or mobile home shall be allowed to be built on any vacant lot which was on record on the date that this act shall become a law regardless of the overall intensity guidelines, or the minimum lot width provisions of the shoreline restrictions For the purposes of this exemption, such a lot must not adjoin other lots in the same ownership, provided however, that all such lots in the same ownership may he treated together as one lot In addition to the foregoing exemption, where the agency has jurisdiction,for a reason other than its location in a critical environmental area, of a single family dwelling or mobile home on a lot described in this paragraph which is owned by an individual who has continually owned such lot since May twenty-second, nineteen hundred seventy- three, it may not disapprove the project on any of the grounds specked in paragraph e of subdivision ten of section eight hundred nine, but may impose such reasonable conditions on the type and manner of placement of any individual on-sUe sewage disposal facilities as are in furtherance of the purposes of this article and in compliance with applicable standards of the department of health. My review of both the Town Code and the referenced APA Section(since it is referenced in the Town Code Section) does not reveal any specific references as to the timing of the applicability of the "merger" provision other than the first sentence of the Town Code Section that begins with: "Development of...." This initial phrasing of this section of the Town Code appears to offer the direction for the intent of the remainder of the paragraph and sets the tone/timing for the applicability. This paragraph continues with the requirement to treat non-conforming parcels in the same ownership as one lot for zoning purposes. If the intent of either the Town Code or the APA Act section was to apply the "merger"language based on the ownership of the affected properties on May 22, 1973 it Jonathan C. Lapper,Esq. Page 3 January 4, 2019 could have and should have been written as such. it is my determination, based upon review of the plain language of this provision, that any Municipal consideration of the ownership of contiguous parcels for merger purposes is intended to occur at the time that development is pursued. Therefore, it is my determination that the Davis7Teresi project requires an Area Variance for relief from the shoreline width requirements and that the "merger" provision does not mandate further variances as the subject property and the adjacent lot were not in common ownership at the time of development or at the time of submittal of any land use development application to the Town of Queensbury by Mr. Teresi. Should you have any questions regarding the above comments, please do not hesitate to contact this office. Sincerely, Town of Queensbury C)/J Craig Brown Zoning Administrator CBlsh Cc:Town Counsel Jolui Caffy,Esq. LACraig Brown12019 LeuerATemi-Davis 1 4_19.doe EXHIBIT "2" r R Caffry & Flower ATTORNEYS AT LAW 100 BAY STREET GLENS FALLS,NEW YORK 12801 (518)792-1582•FAX:793-0541 JOHN W.CAFFRY AMANDA J.KUKLE KRISTINE K.FLOWER January 10, 2018 Hand Delivered and E-mailed Planning Board Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Application of Gregory Teresi, SP 67-2017 Dear Board Members: We represent Charles C. Freihofer, III in connection with the above-referenced project. Our client is an adjoining landowner to the project site, and this letter is submitted on his behalf. We request that the site plan application pending before you be denied for the following reasons: I. The alleged nonconforming lot on which the current project is proposed (tax map lot no. 238. 18-1-27.2) is not a legally existing separate building lot because the applicants' two purported lots were previously merged into a single lot: (a) The lots were merged as a matter of law when the Adirondack Park Agency Act ("APA Act") took effect in 1973. (b) The lots must "be treated together as one lot for zoning purposes" under the Town of Queensbury Zoning Law, Town Code Chapter 179. (c) The lots were merged in fact by a prior owner im 2008 . 2. The project does not comply with the required 15 foot side yard sdtback and the 150 foot minimum lot width, and it is not clear if it complies with the maximum height limitation. 3. The project would cram too much development onto a very small, steep lot, and the application does not comply with the site plan review requirements of the Zoning Law. 1 n f . i Re: Application of Gregory Teresi 2 Application No. SP 67-2017 January 10, 2018 1. THE PROPERTY IS NOT A LEGAL BUILDING LOT The property owner, Lawrence A. Davis, owns what was once two separate adjoining nonconforming lots of 1 . 59 acres and . 23 acres. When the APA Act was passed in 1973 these lots were merged as a '.matter of law, and the Zoning Law also requires that they "be treated together as one lot for zoning purposes". They were also later merged by a prior owner of the property. The combined 1. 82 acre lot does not conform to the required 2 acre minimum lot size. Subsequent owners, including Mr. Davis, have tried to split them into two lots. These were illegal subdivisions, and tax map lot no. 238.18-1-27.2 is not a legal lot. ProRerty History A. 1943: deed from Executors of Mary Virginia Worstell to David H. Dugan, Jr. and Marjorie Stone Dugan, dated 'June 12, 1943, recorded July 6, 1943, in Book 225 of Deeds at Page 56 - current tax map lots no. 238. 18-1-27. 1 and 238. 18-1-27.2. 1 A copy of said deed is attached hereto as Exhibit A. B. 1943: Deed from Jessie D. Worstell to David H. Dugan, Jr. and Marjorie Stone Dugan, dated June 14, 1943, recorded July 6, 1943, in Book 225 of Deeds at Page 58 - same properties. A copy of said deed is attached hereto as Exhibit B. C. 1948: Deed from David H. Dugan, Jr. and Marjorie Stone Dugan to Marjorie Stone Dugan, dated May 18, 1948, recorded May 19, 1948, in Book 264 of Deeds at Page 279 - current tax map lots nos. 27. 1 and 27.2. A copy of said deed is attached hereto ;as Exhibit C. D- 2007/08: Deed from Estate of Marjorie S. Dugan to Scott H. and Jadqueline Wheeler, dated December 19, 2007, recorded January 2, 2008, in Book 3455 of Deeds at Page 152 - identified on deed as tax map lot no. 239. 18-1-27; conveyed only current tax map lot no. 27. 1. A copy of said deed is attached hereto as Exhibit D. For the reasons set forth below, this was an illegal subdivision. 1 These lot numbers will hereinafter be abbreviated as 27. 1 and 27 .2. F s Re: Application of Gregory Teresi 3 January 10, 2018 Application No. SP 67-2017 E. 2007/08: Deed from Estate of Marjorie S. Dugan to Scott H. and Jacqueline Wheeler, dated December 19, 2007, recorded January 2, 2008, in Book 3455 of Deeds at Page 156 - identified on deed as tax map lot no. 239. 18-1-28; conveyed only current tax map lot no. 27.2. A copy of said deed is attached hereto as Exhibit E. For the reasons set forth below, this was an illegal subdivision. Y F. 2015: Deed from Scott H. and Jacqueline Wheeler to Lawrence A. Davis, dated July 15, 2015, recorded August 3, 2015, in Book 5203 at Page 288 - current tax map lot nos. 27. 1 and 27. 2. 'A copy of said deed is attached hereto as Exhibit F. This deed recombined the two lots and corrected the illegal subdivision that occurred in 2007/08. G. 2016: Deed from Lawrence A. Davis to Dark Bay Properties, LLC,2 dated July 1, 2016, recorded July 15, 2016, in Book 5390 at Page 176 - conveyed only current tax map lot no. 27. 1. A copy of said deed is attached hereto as Exhibit G. Davis retained ownership of current tax map lot no. 27. 2, on which the current project is now proposed. For the reasons set forth below, this was an illegal subdivision. The Lots Are Nonconforming The project site is in an area designated as Rural Use on the official APA Land Use and Development Plan map. In a Rural Use area, the average lot size must be 8. 5 acres. See APA Act § 805 (3) (f) (3)-.. Also, in a Rural Use area, the minimum shoreline lot width is 150 feet. APA Act § 806 (1) (a) (1) . Under the Town' s Zoning Law, the project site is in the Waterfront Residential ("WR") district on the zoning map. Lots in the WR district must be at least 2 acres in size, and have a minimum shoreline frontage of 150 feet. See Zoning Law § 179-3- 040.A(5) (b) (1) , (8) . 2 Upon information and belief, both Mr. Davis and Mr_ Teresi are members �of the LLC. Re: Application of Gregory Teresi 4 January 10, 2018 Application No. SP 67-2017 The combined size of lots 27. 1 and 27 .2 is 1. 82 acres, with a total of 548 feet of shoreline. The individual tax map lots have 1. 59 acres and .23 acre, and 508 and 40 feet of shoreline, respectively. The lots are nonconforming because: • Lot no. 27. 1 does not conform to the minimum lot size. Lot no,. 27.2 does not conform to the minimum lot size. • Lot no. 27. 2 does not have the required minimum shoreline lot width. The combined 1 . 82 acre lot conforms to the minimum shoreline lot width requirement, but not to the minimum acreage requirement. ' The Lots Were Merged.-as a Matter of Law Becaus6 lot no. 27.2 was nonconforming as to shoreline lot width, and the two lots were in common ownership when the APA Act took effect .in 1973, lot no. 27.2 was merged into lot no. 27. 1 as a matter of -law at that time. Therefore, the two lots can not be divided or sold separately, and the 2016 deed from Davis to Dark Bay Propert-les, LLC was conveyed in violation of the APA Act and the Town' s Zoning Law. APA Act § 811 (1) (a) provides, in pertinent part, that: a. Single family dwelling on existing vacant lot. One single family dwelling or mobile home shall be allowed to be built on any vacant lot which was on record on the date that this act shall become a law regardless of the overall intensity guidelines, or the minimum lot width provisions of the shoreline restrictions. For the purposes of this exemption, such a lot must not adjoin ''other lots in the same ownership, provided however, that all such lots in the same ownership may be treated together as one lot. (emphasis added) The APA regulations at 9 NYCRR § 573. 4 (g) provide, in pertinent part, that: (9) Metger of lots acquired prior to May 22, 1973. Adjoining lots owned by one landowner, each acquired Prior to May 22, 1973, except lots in a preexisting subdivision or separately-owned preexisting vacant lots of record as described in section 811 (1) (a) of the f t e Re: Application of Gregory Teresi 5 January 10, 2018 Application No. SP 67-2017 Adirondack Park Agency Act, shall be deemed to have merged into one undivided lot as of that date, even if described in different deeds or acquired at various times. : (emphasis added) On May 22, 1973, the two nonconforming parcels now known as tax map lot nos: 27. 1 and 27.2 were both owned by Marjorie Stone Dugan. See -Exhibit C. Neither lot was part of a previously approved subdivision.3 Therefore, as a matter o.f law, the lots "shall be deemed to have merged into one undivided lot". 9 NYCRR 573. 4 (g) Although the Town' s Zoning Law does "grandfather" some preexisting nonconforming lots, that exemption does not apply in the Adirondack Park or in a critical environmental area ("CEA") . Development of nonconforming lots in a critical environmental area and/or the Adirondack Park shall be in accordance with § 811 of New York State Executive Law Article 27 (the APA Act) . Development of such lots shall 41so comply with the minimum yard setback, lot width, "permeability and building height limitations as set forth by this chapter. In the event that a lot located within either a critical environmental area or the Adirondack Park does not comply with the minimum density or minimum shoreline width requirements and adjoins other Lots in the same ownership, the lots will be treated together as one lot for zoning purposes. Lawful nonconforming lots shall include those lots in preexisting subdivisions which were approved by the New York State Department of Health. (emphasis added) Zoning '-.Law § 179-13-060. D. These adjoining nonconforming lots were "in the same ownership" from at lea*7t 1943 to 201-6. Because they are located both in the Adirondack Eark and in a CEA, ' they must "be treated together as one lot for :.zoning purposes. " Zoning Law § 179-13-060.D. 3 See 9� NYCRR §§ 570. 3 (aa) , 570. 3 (ab) , 573. 4 (f) ; Zoning Law §179--13-060.;D. 4 All land within 500 feet of the shore of Lake George, including the project site, is within a CEA created by the Lake George Park ;Commission. See 6 NYCRR § 617. 14 (g) and § 645-3. 8; see also ww �. ��.dec.nv-.crov/permits/25158.html. f .Y f Re: Application of Gregory Teresa. 6 January 10, 2018 Application No. SP 67-2017 The current application is based on the premise that lot no. 27 .2 is a lggally buildable lot. This is a false premise, because lot -no. 27. 2 was merged with lot no. 27. 1 as a matter of law in 1973;'. and it is also "treated together as one lot" with lot no. 27. 1 under the Towns' s Zoning Law. Therefore, lot no. 27.2 is not a legally buildable lot and the application must be denied. The Lots Were Merged in Fact in 2008 Even if the two tax map lots had not been merged as a matter of law in 1§73, they were later merged in fact by former owners Scott and Jacqueline Wheeler, and at that time they lost any grandfathergd status that they may possibly have had. As of 2007, as shown by Exhibits D and E, the two lots were identified as tax map .lot nos. 239. 18-1-27 and 239. 18-1-28 .1 However, Warren County tax map records show that in March 2008, the two lots were merged into a single tax map lot, no. 239. 18-1-27; "per owner' s request". A copy of that County record, accessed from the Town' s website, is attached hereto as Exhibit H. :At that time, the two lots became a single tax map lot and could no longer be separately conveyed. Nevertheless, the County tax map records show that in 2016, the two lots were illegally subdivided into two separate tax map lots, being nos. 239. 18-1-27. 1 and 239. 18-1-27.2. This is shown by Exhibit H, as well as the new County tax map record for lot no. 239. 18-1-27 .2. A copy of that County record, accessed from the Town' s website, is attached hereto as Exhibit I. Not long after that, ,Mr. Davis granted a deed to Dark Bay Properties, LLC for tax map .lot no. 239. 18-1-27 . 1. See Exhibit G. Record title to lot no. 239. 18-1-27.2 remains in Mr. Davis. Notably.., when the Wheelers acquired the property in 2007, they did so .'by two deeds (Exhibits D and E) , and there were two separate tax map lot numbers. When they sold it to Mr. Davis, they did so .�by a single deed (Exhibit F) , and there was only a single tax map lot number at that time (Exhibit H) . Therefore, when Mr. Davis acquired the property, he acquired a single merged lot, not two' lots . s Thesenumbers are consistent with the fact that Mr. Freihofer'sadjoining property is tax map lot no. 239. 18-1--29. There is no -longer a lot 28 . The lot numbering now skips from 27.2 to 29. Re: Application of Gregory Teresi 7 January 10, 2018 Application No. SP 67-2017 The 2016 deed (Exhibit G) conveyed by Mr. Davis to the LLC was an illegal subdivision of these previously merged lots, as no subdivision approval or variances were applied for or obtained at that time. Lot no. 27 .2 is not a legal building lot and the application must be denied. 2. THE PROJECT DOES NOT MEET THE DIMENSIONAL REQUIREMENTS OF THE ZONING LAW The applicable side yard setback for this property is 15 feet. Zoning Law § 179-3-040.A(5) (b) (3) . According to the Site Plan (10/16/17) and application form (10/13/17) , the house would only be set �:back 12. 1 feet from the side lot lines. Therefore, it does not °conform to the Zoning Law and the application must be denied. In the -WR zone, the size of the required side yard setbacks depends on the property' s "lot width". Zoning Law § 179-3- 040.A(5) (b) �!3) . The Site Plan and application form claim that a 12 foot setback requirement applies because the lot is supposedly less than 50 feet wide. However, the lot is more than 50 feet wide, so the 15 foot side yard setback applies pursuant to § 179- 3-040.A(5) (b) (3) . Zoning 'Law § 179-2-010 defines "lot width" as "the average distance between the side lot lines of the lot". According to the Site Plan, for the lot in question, the road frontage is 66. 42 feet and the shoreline frontage is 40+/- feet. The average of those two distances is 53.21 feet.6 Therefore, under § 179-3- 040.A(5) (b) (3) a 15 foot side yard setback is required. The application ;.does not meet this requirement, so it must be denied. The applicable minimum lot width for this property is 150 feet. Zoning Law § 179-3-040.A(5) (b) (6) . Even if tax map lot no. 27.2 was a legal preexisting nonconforming lot, it must still meet this requirement. "Development of such lots shall also comply with the minimum . . . lot width . . . as set forth by this chapter. " Zoning Law § 179-13-060.D. At its widest, this lot is only 66. 42 feet wide. The application does not meet the minimum lot width requirement, so it must be denied. 6 If the surveyor' s 38. 11 foot tie line is used for the shoreline frontage, the average lot width is 52. 27 feet. Re: Application of Gregory Teresi 8 January 10, 2018 Application No. SP 67-2017 The applicable maximum building height for this property is 28 feet. Zoning Law § 179--3-040.A(5) (b) (9) . "Development of such lots small also comply with the minimum . . . building height limitations :. . . . as set forth by this chapter. " Zoning Law § 179- 13-060.D. The elevations attached to the application purport to show that the house will only be 28 ' high. However, the Zoning Law requires that building height be measured from the natural grade, or the finished grade, "whichever results in the greatest measurement". Zoning Law § 179-2-010. :The plans do not state whether the grades shown are the natural =.grades, or the finished grades, so it is not clear if the building height was measured properly. Pursuant to Zoning Law § 179-5rt030, revised plans should be required, so that the true building height can be determined. 3.: THE PROPERTY IS A VERY DIFFICULT BUILDING SITE AND THE APPLICATION DOES NOT MEET THE SITE PLAN REVIEW CRITERIA OF THE TOWN'S ZONING LAW The prdject is proposed to be built on a very steep slope, on a .23 acre "lot" in a zoning district that has a 2 acre minimum lot °size, on the shore of Lake George. The merged 1. 82 acre lot already has 3 residences on it, for which the current zoning would require 6 acres. Adding a fourth residence will exacerbate the overuse of this lot. The lot' s small size and steep slope make it impossible for a conforming house to be built on it. The planning and zoning history of the property shows that it is not a :.suitable development site, and professional reviews of the current plans show that the application does not comply with the law. In 2006, the Estate of Marjorie Dugan, the long-time owner of the property, applied to the ZBA for variances for a boundary line adIustment between the two then-existing tax map lots.' On ' The property already contains a total of three (3) residential structures, all of which are located on lot 27.1. The 2006 proposal sought permission to adjust the boundary between the .two tax map lots so that the lots would become . 71 (western) and 1 . 1 acres (eastern) . Two of the residences would be on the western . 71 acre lot, and one would be located on the eastern 1. 1 ,acre lot. The two lots would have then been sold d o- s Re: Application of Gregory Teresi 9 January 10, 2018 Application No. SP 67-2017 September 21, 2006, that application was unanimously denied. A copy of the applicable meeting minutes is attached hereto as Exhibit J. -That application and proposed map are on record with the Town (file no. AV-55-2006) and are incorporated herein by reference. .."It was the ZBA's concern that this proposal would lead to excessive development on these nonconforming lots. See Exhibit J. In 2008, the Wheelers, who had purchased the property from the. Dugan Estate (see Exhibits D and E) , applied for site plan review to build a new driveway to service the existing structures. • The minutes of the two Planning Board meetings at which that application was discussed are attached as Exhibits K and L. That application and proposed map are on record with the Town (file no. SP-4-08) and are incorporated herein by reference. These minutes show that the owners and the Board had to work very hard to find a workable plan, just to add a shared driveway for the existing residences. There is no reason to believe that adding a fourth residence to the property, with its own driveway, septic system, and stormwater controls, would not cause similar problems, or worse. As shown by. comment letters already filed on the current project the application does not comply with the applicable stormwater and wastewater disposal requirements. See letter from Chazen .Companies to Craig Brown, November 10, 2017; letter from Lake 'GeorgeWaterkeeper to Stephen Traver, November 28, 2017. I note :that the septic system would be located on the adjoining lq't, which is in a different record ownership. See Exhibit G. °'However, there is no evidence of a proposed easement that would allow this to occur. The application does not comply with several of the requirements for site plan review under Zoning Law Article 9: 3 • A lighting plan and the "methods to eliminate glare onto adjoining properties" are not provided per § 179-6-020. F and § 179-9-050.G. * Although some proposed plantings are shown, the landscape plan does not comply with Article 8 of Chapter 179 and § 179--9-050.L. • The elevations do not comply with § 179-9-050. P. • The nagrative required by § 179-9-050.V is not provided. separately, 'but the total number of residences would have remained at :three. r Re: ApplicaLon of Gregory Teresi 10 January 10, 2018 Application No. SP 67-2017 • The project does not meet the "Requirements for Site Plan ApprovAl" under § 179-9-080.A, B, D, E, H, J, K, L, and O. CONCLUSION The prgperty is not a legal building lot, the project would violate the =:setbacks and minimum lot width, and the proposal does not meet the Town's site plan review and stormwater and wastewater disposal requirements. For these reasons, we request that the application be denied. Also, the Town should take appropriate enforcement action to correct the 'illegal subdivision. Dark Bay Properties, LLC should be compelled to reconvey lot no. 27.2 to Mr. Davis, who should then be required to execute and record a deed to formally merge the two lots. Thank you for your consideration of these very important issues. 4 Sin rely, s Jo W. fr ca fr @ca r lawoffice.com JWC/ljs enc. cc: Craig Brown (e-mail) Laura Moore (e-mail) Mark Sghachner, Esq. Sarah Reynolds, Esq. , APA Charleq C. Freihofer, III (w/enc.') 11C_F DATA%p¢blioXClient.FileslFreihohr.36841PB.let1A18.wpd .i � r EXIMff " A 99 *Y. W111[19 TaM,UoNi'oo made the ti ojl th day_or•Tunle, u1netben-hundred ehd-forty-three,• €� batween-Bi i 31. ii �_.. J _ t Yd tag, ss exbantDr; add 1Cargaret;il..Hsa•aet, ea excahtrix,_olr tlys Lbek Will and Tastikest of AkPi YiP•ginia Worstdll,Slate of,the BorongA of BrooklyaS'Coun y of - }' i and$tate'of$ew'Yor&;'parties ei the-ftrat'pdit,-eta'-SavId B: Dugan, yr. 9aQ Yarjorie P 77 b. Stone Dwmn,,iis-wile, r9iiding at 24'Adlorsst 12ah ,-Caldholl. Esaex d-oanty, Now•dereay;.. j parties of the•second part, AIT1RE96E a•t* toe•par-oiss of.th'! 9:Eeft--)W-t; by ►irtoe-It the poliar and`su hor- �it ven,rShem in and y 8i by asid last will end tiestemiit; Oita in ooasiter_ation of One Dollar ; of•lawful s►onay qix thi'V4 t*4-BEetss aid lether,.glnat la.daasiaeratio`a` id b _ Pa y.ther•p�i i.e"a' -of:the sepoad yaat; $Q hereby grant`sndxfelaaee ugto the-pbitj or!tUm b000nd;part;ttiheir heiys• essigps - �. .All that oerte�a ace.or stem 'o . _ . - :pi ps 1 t`liad"sitaste�-fa tie�Togo'of Tqup`sasDy,ty ; CouaEy.of.*arren•anb 'state'nt New-7brli, bp�adh�eiQ desarfbad es followda v o - t0 witi: Coemaaa- idg II the ehorA ot_L4 is'Georgq at`s p2aas kd6m ws$�fpy:iliy'at a point 19E lest`eaa gF•ly' trait the.nbrtiwbat•C ornmr of lames.'ware-vd D�illAmm-sr'Burnett.'erid ry. his w "_ Dl! a ii•Q 8liasliati S�"Se�id'by Ifekredty Debd datdd Oet�ber 104hb 3BAR,'�aaorded in,Wwrran Coantiy •ay. .. C1erk�s OS is'aa.7n1)a 8th,.3894.ia L15er.38,of.Desds mt.page all ana'frpda t6emoe s�dUing, t . -sloth as eaep to:the_ bounda>.bf LOR Nei-9, lregah kodatalo 'That; thsgpg_boatb.Md6,sat aTopg ` T . .a Sipe of nmrked treO:.110.•redt-to,a eukd had skinned fore eo&b6r•,`tihend s'north 80 •j , - , eae a7"d-a 21m4% of marked-trees seven!ehbins tw6niy4-fiae Bair .to the atiors of.the Leka--twenty. w OVA xiakb frMaAi,Saki lfnd`SLOAee btand3ag•ca tha'Eaak; therioe.soi:th 800 wiaUaloog the ahbre'or.the Lake itd, felt Co-tia pigge -wr begltihlag U...-Ali �hat�o�rtgi�rp#ens or pagac bf laad�sitpate It the Towa_af gubbaibury; .'County of Nsrr6a, end Stdte,'of Now York, on the east ihora oirL6tb'O&rge dnnd is lot'A. 8 :p r ths ,vbdid1.416 of A•oar o I �• •. - lct bt lead odavayad by �P4lilam:71. 8urnatt end wife- td meld Bli$eboth S. Segra, bT deed aeied Oct. 10, 18B* end reeox`dad fb Yerran Cognty Clerk's OPfi'ina ,ia Book or Daedk jo. ;b'•at page.894, asid,lot D1o;. 4 e�4 so feet•-wid-s iroht and're4r and _ *• y a •rune troia ehe.Laka.EC'�. B. Siaho$*s'li;id.'- �• ,... - �' ,` - Briag 'the darms prsindpi-coiisyme to 7* ,es-W: marehall ind Mary it. 1Poratell. .C, •_ S Together with the eppartbnsnimo and-alga.all, the-esta$e.whiah_Teeid toitatrix And s ,t thi'tide of hir 4eaaaes in.asid.pramtsas, cif also the se'tate.'th'sreitl••irhloh the parAles or the,first part-*hsda•ar:had-'power-to convey Dr-dispose or;where;'igdividnelly, viktns of.said will or.Afii i wie*; Eiaepting tbaFerrom 4a2i thyme pieces ar•Araala of land conveyed by lranosa Marshall and Eiat7'T"vgnstbx to.ths Coeaty at.1larree b� e� dated lhbroary 28, 1488, and , - t- the undivided 1/4W intorea$ or Taeale D. Warstellt AffiD '1C_=D•the'Fe8iLsse hdiei ®.$ $seated alto .the.-prrtfss of tha��aecond j part; their heirs aQd aesigaa forerar. :AND the perttee or the first part covenant that they have not doaa-or sufferid i eiythl,g whereby the saki premises 'have been-inevioared is anyway whatever. IN 1<i"='jfMM W the parties of the first part sat Peir•+lsads and seals-thA day + and-year firm Abovs written. ' •IN TIM PR CE'Od 11> T 3:. BB$HST CM=Y j 1eAR0AW 4-'BOW and BAYARIZ'8. GMMTT, " as zzeebtors aid Trustees under the Lilt •ill .&A Tvotamsnt-or•nRX ti•IRG" . WOOD23 L, dedand_ �. STATE OF M YOB, CO WT Cl M_Y01M, SS:- On this 18.day of Jens, 'io the yehr�fnetaast �_• hwandred and :arty:thriq, beibre Efe paraonal3y came 8argareLlE.:BurAee to 00 kgown to-be one'� -: 70 .of the�uAridiasis"dg7iii�ib©I in an Who eieeated the taregojo, ihatsh�ash-t, eiid iihe eclingwledg! ad 6f me:-that she eteetd the name/ " - " � .t7•: t�l1QI�iRC, �otatFy Pu61Yo . _ Broltix 6auriYy.L�Ark's �' = Cenmissioa Szpirea ftroh 30,'1944. ' +'STAM Pw Y6*"-CD" a R3l9"RK, sat• i;�ARCRIBALD R. WATB6.-�-Couiety-CUr* ind jierk , - of the Supreme Coati,:Bet York Coiutr, the paiae,being m`-ConFt o; Record-having by is a aaai, . E J &0 BERM'aimli; tbat-Anthoay_&T. aiaziefia who"_naw 1A subsori¢1!d'to the'$naexed 460.41L, UGA.;aartifieate cf aokaowledgabat dr #ro4f,"wap. at the tibia of takidg:thb.,gpmb p;•ROTARY C.itotirig lit and tlar'gai0'ObLaEyr, duly'comlisioned and'ewarh,.epd golffied to.not An.. ' such; tliit.he ,iia'4411ed in;"the. •Clack's affipa elf ilia-cidner 6r'l Gd Tnik'a asriified`oopy,of C-1 ' • Ain'sppaintmeaA•arid.q*iniwilon ooze Rotary Pablie.for rthe,County or-Prynz with,his auto igraph ibjgnathrs;".that ae anah notary'Pablie to wed"duly atrt arizo4`A - the 'iawe of•"tie SEete. !:of_Haw_Y6i-k`to,pro toot'not ap,,' tb'Vole and certi?p de ositridha, to a ihfhter.oeths•ea¢el-. '?irmations, Ya stake df idatfbh map Oortify.the aoknowiedgmedt or-proof oY'deeda acid oth¢r I writtpa instrtffliants'for ISSAS,.te,awfiita and here/E;tamaaEs, to b'q.1ioid'ib evfdenae or readrdi�. 3n this'Rtata4 And' iokthdr, thdi�I em well-8equilated,frith the hgpdwrI%L- g hf a�alr Rotary'.•. Pu ll�e; ar hsrs^apraPa*fl ,thii-BUaitbre0of,1i udW--.o#1cbr with his"autograph aighatbas_ailed in Zy offine,- anB"67siia tbat�khe signature to the-shi , agaexpd iastruae#t is ,genuine. f, IA W17MM V011807, I hpve heisupta sit MY Land and tills is Qef-at ;rtale 2943. ':•r' 's '� ��(S$AL1 , • `s' �' 'i. ARpil,LUP.R. WAMBOk •�• GougCj Clark and Alark of the 9upkrame .• .dourt,-New Taft County - . " I'BUTS 6a PkMi9 LYARIA, OOaRTf OF-A�, M: Car 1�1s loth day of;rise,J?f jb*-ygar nine;aeanad;e8 and•forty-adrei,atiafore mEesrhpsalXy'aams 8syard.R. Ohiistr to and kFibxa to 'I a° �•- be.one'bf_ the Udividuain dew0lied fa add-irho ersauted�tbe forsgotg Spetrubtent, gild he so- F a . . . . ; ;kaarriedged t<a me ahetdis a spitted UP esuoe. . E �ffit9T1LR171'La®SAL) _ 'PERCY:A. E1i9LI8S ' r ; PEW A: 3AGLIM, iotaryo-Puglia i. `` Ny Cosmmiation EzpiFes f3a#oh d;'1949 E ,'r -" .I _ :. ...y. ,d'•: ° .� ;e '�� , '_ •• `�i0."fib' 347 .r ti AEL 4'x_bCMfl ..Y' _STATk'0t F Y�YANIA', B!U l,-WI3,"IT..!`RASs1i, Piothbhotary of.thi►_I�, Court of Qomgoba• flies` in.and i"or'ihs County of Allegheny, in the Commonwealth Ri Peansylvexis� `.ths Saba bsi'ng w-Oou;t or.low and-146aid, and hating a afti 'Qo-flFaraby mortify-ttrat.ertij A.- i • i English"3squipas betgre wham the foregoing ACAJ wag takpa,_and who tas'thei-eunto, w ln,his'og ilea gtpr proper handwriting; spbsprib6d,h1% or hhr male,ta'ths. 06rtifSeete oar the i j proof aa -galrnow"dftent or'It w'sintaod instru*oot, was at the time a;!k ie now a w0zR P08- ,,• •LIC ipY and tar the Oosmmoapealth ot'Psaasyi+9abia; rbaideaA 4; said Cpoaty atarega3d, daly" E Conmiailoned slid SWO�n-sad suthorisaa by 14w to take and• oertiff affidavits"aaa the ackmowl- esigemgnts glad prcof,sf•diads_tq lsnd; ato.,m-$a"be reow%ded,'Eo_o2I whine sote-as,ma die faith A d oreni,xs._arq,•and of right a"-'to be, &Ivan Wh ilihoot the Onitae 'Statbs-sxd"•else-W Wd ,whgri; and farther,. that geld iastrumene is azaeuted In obeordaaoe with the laws of this=_ Cosuacnir"Ith, and.that I sm aogaain04•wAth h10 or bar signature and seal, and believe the same to be gaauine. , IN MwTD=r 1V 7,'l have hereunto sat Lay hand and oftized the aee2 of the Sold. Ceatt,•-at Pittaburab; in said County this-IM day of -Tans in the .year of Our Lord,.age . thousand nine itundred and forty-three. ISEr1L) WK. S. 7RAMMR Prothonotary RECCRXD JOLT 6, 1943 z$; 10.40 o•1'>p* A } N EXMIT 66B,99 • r f �`� •"' �' .?. em •sue _�,' • �, r :� °• :y ..... • .. .Y :. ,. •i• - Q..6a t�i 1t�:�STAB ��si1:f};CAt}`G6L�,SD. _ .: .. -thia.14ix_d'py Hof Tune. in"the-year hf ow;Lord.bne.Thonse4d • - '� - - .. i NAs t;®d p stsil. umred, reel dig at.3D3 Cambridge Plsosy eroojrl n. i[fnglWCpu .r ltWN York, peity of.the•f4sL parts-and flavig 8•. IT b• , _'Du pe,_dr. and hTerlori6'S"fie Bogen, his ;ifs, reading a 8t H1llcrast,Road,.Ca14we12,, E9z 1i . 'p sooad"aez'Qeanty, Nw 1A#P . ,fa perpp _ r dT1W8M, thSt the;mafA pirt�of the firaat park, in,consSde atlbh..of OLA. _ ydi One.n6215r, :baoeYp6 at whioL.ts herab7.aolr6iledged;'aad athai good•end 'ealua$is oonalde� • _ -etions.-Ub sold Arid'SY THBBg'PR TS- d6as gzh�t.ehd oonYey to-the said parties ofethe• seaond'pert; ECeir'heirs-and-assigns, as andiridad o" ronrtL•in`t°�mre'eh- A t+ro aeitsin"piecea +I or.paYroele qi;iej}d"miLua#e-.iit the,Toss: 6R'bAooesbwM-CofihtL'oy Mar c,-Stele ofiPew-Yopk, ,segd"O.-Osed hm.par ti `and baQi:asth-d ti'ity of tPe. rst.part-by haaebb�Jf: !MrVw11F laft of ff nga Cbnatj„deesised;,t)Rd tbs laid parobls bo"S despribed-VeTfrQllo*o: f ' 1:' 0611�en049 on ttiershore or 2i.iw,Cop.a at-A"' plao' kic i 'as Sandy Bey at • i rAoigt.198 feet spi0ariy'_lraai-the noiphaast, comer 6r_land-.ooarpysd, by-fillidn R: &"Ott . sad Nair him wire:to;Elisabatb ff.-kAwn by WarTari�,y. i�d°patsd Aotoffer'iO, °2899, recorded is wai-•}h 002Aiy Clark!'& blgioe ?uas'a,,10h in}Libi;V5 bt Drina.&-t phe 89Q;'rand--troms'-t'saoe • rr ra6aUd.9blith 8a essi-tc 'the-"bbuads.•of.Lot,Xco- ff; XFAaah Mounteia`Trmet. Th(pe-.-south BBB east a'laag'a iing of markeq"tresi•1M teet-to a. utd)e,end•ateaaa:fof•aycorner. Thenoo, J,".'_ 'S • Be.e4if algag¢lino of mdrked'imam anin qhefx!4 t"ztf-Side lingo to the mhori_Or,9he III" P twnty�-Slob linka lydm a-stake and stcada etapolfag ad the bank. Thenge�po-ath'9$• west i4M.S the shore bf the lake'1R0 rest to tie p3hAe of'bsginding. . s ° •^ 11a O Nh- east hhdre of Likks Ogorge, 4ot No:S, of the,subaviaion-'Of 4 'certain, •� •- •lot'•o!'1mp71 dtmrered b lfilliaa B. 8a1-nett:and xiis tp•the said lseb-th.S.-Saba by dead, , 6 r� de id Qe¢pbpr 39�9,'aad rhgor4id !p IYdrren Crouaty'Cab'a 0!$ias Ia Bomar of•Deeds-No:l65 at peg- P9q; amid lot being 160•rest wide.frod4 ,k-rAi—and. r'nne•pP�am the j1sYa to N:.h. •81•phop'.m lead;. . " .` .. * . . . i • - - • WlteTiM A'AURTSFANCEd and'as w4ivlded:o4a,lonrth !p_ -Of a1P•hhe-sputa,,, ' °tiitls and 1248rest ttieriin or thb iota part!`5`the fl sj part. MP*7AM 'l�RBlHCii t&t;paiC br tha aj_j26- premi4ds oanseyvd-by Pneaaet g, xarsha ^ -and`Naky Y,• 9Po3fatel#•to the County or W rrea, State or New Urk. by.dged'•datsd6lrebru�rr:l5th < DP-V.TTN688 GCS', the party.bf the r�rey part ham=hexsnntb set'her hdnd $nd aetll ,this day and year rirmtabase.*rittari. µ _ OkAWD A4 DffiiVMD 1D-TER Y- JNSGIS 1).Or .BCBS'1'Fii.. I BTATS-01F WW'M,.S? M-or V81f-Y'QM,'B'B- on this'14ih da'y or Zone. jn the•yeir Orb' Tbogpwd Nine Bandied gad Forty-Three,-.befFw ew,• a'Bdxa_r7.Pabllo for'the' State-of Now Ygrh:!, , personally mppsaxed-Jeseie-D. lforstell to ma kngm.to-be the•smm- prson-described-ia and ' who szeouted the within inmtrumsnt,.and ahs acknowledged that she execµted t"•son. (NhM;AL SEAL) • ANTHCm1IC J. 08AZ.IANO . i :AllY'SCNr J. GRAy.IANO, NOWT Nblia- Broh 0ounty Clark's:No. 848- •" � riied M. Y. Comty Oiks A. 1176 Comaisaion Ezpires FArah W, 1944 _ � III ' - 1to. .1 � - 64f SPATE OT NCI' Yaw,.4000ir Or RM you. 80: i,,LLD R.'NATBON. Comity•Clmik end C100s� f or the Supreas Conrt. New Yank Qounty, the rase being a Court of $heard hating by 2mi a seal,, DC BEY Cmur, that.An ;un J. Crasiamo whn4a amse it p<ubmoribed..te'the manez-d dspdsi- tipn, eirtiliaati or meksowledam-ni.or p'nof, was at the hLR of.tokina the sigh a VC-TAW' •; _. s 50 .. f C'84, d¢.Iilin r' aid 0uet hi - - - - - r- -> Q- y'� 1. mmiss � h-¢ �oriad•elnd.pwoiti,�'iad q�e13�1aE,tp..sOt re P c rr, auto; =ehdti lie,has H1dRdJ ia_ tfb'•i=loft a Orflee,of µtlFa County dol;ir Ycrl a asi biliad db�y b! g his In and'gnaxification es a.. tart' %blio for the Oount7.of Bfon:-with hits ■utif= �- �' II -grd�h sigcaturei.that aa•each•rotary BubYib Rio was daly euF.bariked by.the ].afire"].afire" thy'BtatA 3. ! af.goi, York to,prdEset noteo, to tdke-and -certkfy depailtions, to 1d'ainioUr oaths:and'of S. t ti7metiona,•ta tales-atfiAagita aad'aertiji Zito aaknamleagtasn$ •os prcof=oi,'deaQ and,other I written irietrzosentA'for lecds, t4namenta and haradiEamenji,.to be read is d"videnoe or re-. I dorAed in tbis;8tgte.- And'l0rtLer, ihit,I_-aa< Weil eogasinted viith tic .ha,4.i1.i1ag of subh ••-gotery Public, oa' hays oompsred the signaturs'ot�pnoh offiaer•.with hia agltograpo ci t gnanre = R �=filed Di m -offioa and,4neve thd� :the ai '" t y A , ¢ gnatur8.10• the nasa.Anna;bd los6dant•ia genWIM0. - i 1)•RITIM 9tI�REOF, I have hareriid'tb Pat my,"bend and'eft#Yed eiy gffiaial gggl thin- . 16 day at Jasd,•1943. - r r {ga';�y1 AQCAI$Af.D R. .TBC1P- " •. . Cc4inty Clank•sad Clerk of the Supreme Cbizrt, 1Per.karlr County - .RSWR ZD NEY.'6,,rT948 at-10:40' alcloak:A. X.. •' ° } ' . p' U:s8.`3Y6"P. -Mv'. $' 0 1,112.O5} Cl1�Cffi,LiD. 4 � ,• !' : •:• • :RSIS•mm". Node the'Rgt�;day of June in the year ono•lhhonaa:id Wins hundred a ' and forty.;-three ,`• ei• SS'A'P3S17` Citi;etiaa:EieJaeobie;:.aa�aartiving syo"use, Of.awtanwor Yhy pvspns,• s` . i• • t - $air Ysrk part, 4 7 .• 7 ' G1aaa-Pelli,'karrlaB�Coitiut7■ , Pa}Ly.py the t�i+sy arL . sad Jenni 1[. do ;e of SS . e '' • - Sherman Arenusa G3ener ys1Ya,-lt�riea cos ty; New York, pq:rtf or, the deaond dart, J . . ' 1f'PRgii$E'Y$, Thot.th4'Said 'party of the'-f rat pbrt,'-in oousideratk bn:df•the sum,'rY 1 ,One Dollar_41.60),'Iaxfal•moaey'of.,tbe dniteh States,' pdid by.•the•sald•poty of*tbi second ' part,.dosa•hsreby giant end.reledp4.'dnto tlte•sal q•perty-of thrl-saccoa j?Qrti..h4r t;sira`and 1 assignb•fbfsvar, all ihat.ssrtain piaas;`pafoel-or idt:'or'land,. adtuate in Me-9iUaV, now - City, of al@eaa Yale$, llarrob dounty,--gnd 6.tate.'aloreoodd, bounded and desorib'bd is follows: ginning on; the mower sins cf'arnow street kAoia-ab Eamiorthy �au Avse, at e-gas pigs set, iu'the gsonad iror a'cornMr, ic Ubt soath'iAt.f-& the•Southerly:aide of'nbon � Strestj theeva.raaniag month 45•micutas meat 4lo48 the westerly-side of.s"d avenue 30'fset too a gee pipe set.in.the"gicana•for-a earner; thedcs.adkth•07 degreeb-mest'103 feet to a ga■ i AiDa not to thg gronrid'fora'earner on'tha easterly.aid4 of &I•iaket'Alley;'.tbenoe nprft•45 niautas sage aloeg�1krar saaterly side Of sold_A1 air,50•teat to ages•)ipe edt in-the grrxoad ' to; a.-corner.; Vionce-son" 87 dagrees.eaft iC3 feet to thi! plane of baaiariIng, and being lot_! Ro..65:on.a mop sad anr+a�'nmda•bg liiram.Phila of said-land. is•189s, as Alte" sad resurveyed• in 1894-, a copy of vAlah map is t6 be tiled in the Wakran County Clerk's Office. For a farther description"refasaaae Is aad'e to 4 dead dateq lebruary E2, %908, r r'=ning_jrsop Philander Baldwin, and Anne L. his wi"fe, to Robert Jeaoble and Christina E. his Irife, and recorded in the Warren 06nRty Clerk'p office on the 29th any of!Carob,-3908, .' , I ia:l,iber 112 oY Deedp, at page 565. t _ Tcovi ft with'the appsrtspanoes; ana all the esto$0 and'rights.:of the said party of the first part in and to da14d premises: , TC EAU AM TO Bj.D the abcva.-grented promises ante.the said party of-the seeaad pirt, her heirs and assigns forever-. C r , r • Y h Mb,71 M M.T. ,Iw"UST=ASK f P 1FFF II4nNYN,Itiy.L7IL TVn1.1Y1J1 A.M.gp�arwic.cara... wM31 r 7ixAh►farA++G.R�e�faA•'s. j MvIk. �. C. � 967 -8a�adnpd �' VAT= R. DdaJ�Ir, ik. and ftil Ii> 1 BMW MM. hie UM, of Ito. 84 gin-crest ROO, Caldw*ll,-ressx Camty, ><ei Sew, ,'• PO4 Los ayf ills*aA paP4 old MA1:.012 BTOM MIGA8; of the sirs plies, AkaA 'AU )w"Iss oyf Aks �ta6 pa,os, he se�reNovs e;/ _ _ . . . - - - 0>is a - - - - - - - . 00 1166D Aw r� 3.00 1.lzro d X50"'y of Ades mum BtRies, i • .pidd 4 04 jSWO y aj ow AjMd PM�4 do +°, tea, and gxuda" ems Ake.4 y of dip sn iiad PW4. her hairs aged atstrias Jam,+U MAT I.AYM OIL ZM si taste In the Sown of Rueeasbury, Rarrea Co=ty, Now York, bound" and des- aribod as follows, to wits ' , Imown ass QQ>O=CrW on the shore of Lairs aeon* at a sae, sandy Sat st a pain* 172 foot easterly fv= *he. bosgb.%.. Westerly earner (sastatimsa referred to as the nerthsas*sily eoA- nor) o! lands oaeneyed by trlltias S. Barnett sale NWF, Ida wM, to 211"beth S. SawA by Warrssty Deed dated oetober 20ft! Uff- reoorded in Barren County Olorkis office Jme sth, loss in ' Liber B8 of Deeds at,pegs m and frm theme n=q so east to the bounds of Lot NO. 7, lrsno ainta=p reqAtt =. theme south 880 east along a ltne of snWoed *seed 290 feet a liine o maarkedttrees top s t:a t-f norm s lairs t aims Ww ahera of the Lake tsenty fire 1#nks frog, a stabs and stases• 'Modiog an the bank= thence south U& meet slomg the she" of the Lake ISO feet to the pleas of bsginnEns. Al2 that certain pleas or parool of land altoats In the Town of 92esnsbary, County of 11arrsn and state of Now Yost, on the oast shore of Lake Oocrgs and is Lot Ye. s o! UW sabdiviaion of a esstala lot of land sonrgod by 1�illsM M. Burnett and wife to said Iltisaboth s. earn, by deed dated• October l0, 100 and rsdarded in Barssa County Otoi+ Office in Book of Made No. B6 at page. W9, said Lot No. a balms 00 rest +ride front and rear and runs !goal tha•Latd to N. S. •Bishop+i land. t Strata of wriu vark (COUldil of t►AYaW. 4'21 of I oh AW left day of now . A%wi%m Aru,& d aazd r Port? eight be"fey no ie u iesr,pin�y DIWxA I. D[BO N, in. and ORM= mm gum p"Many Jfe"m "d bknm 6o Me'lb As the Mllno pwoms aGlreriie�d is and zAo amovu a ad WjM-•s Zwhwmmg,"d t&y ■orrrally aobwwlmdffld'a mO ekes tom• OmOmW Ae„a,e -LD- ---•r"tom PubyaF._� am ��wm��le�MlM�ll NIo11M NMI owllrYM�. I Zi no pr1iil.0o aen"yed to thejartlod •� n •9 �! harsto: s ¢soda,'ad. datdd June 12,4943 from f r g• sAd Ilrist)ssr, 'aybo td !o WAVZVA Co=ty Clerk'a :.�00 idda.in Doc --'22s-of 1laoda at Page 861; and the t7w '. ` t dlalmw.Al�ib 149' •10 y}Jissls"D. prstell reoordad o7:ii 6lai Pan. 6 qua • ,..sD pilot:eB✓6 or Deads at Pao eel. aft dk� 499* and 4W..of = %,Wf !ss•ef 00 ftAJ PON 4'and Ib add - +f - R A *4*Wsuff owitsa unto titre part• i,/AW seoomd PAK �sr boars and aadpw fog: - 'this paiq!os- of Me par# ho w :•'�,'1 !Ap eW trbisls aia�d s and file d4.mrd par ftred a&w iosdtAM airJOYIN r EXMIT ."D99 SK: —14b!) PG: 152 01/02/2008 DEED Image: 1 of 4 F • WARREN COUNTY PAMELA J.VOQM-UI IE aE3455 PAGE-- 152 COUNTY CLERK Lake George, MY 12845 Instrument Number: 2008-00000015 As Recorded On: January 02,2008 Deed Parties: DUGAN DONALD B EXTR To WHEELER SCOTT N Billable Pages: 3 Recorded By: LITTLE 3 O CONNOR Num Of Pages: 4 Comment: Examined and Charged as Foticrrs: Deed 56.00 Clover Paps 6.W RP-5217 R@WAgda 75.00 TA-w 6.00 RagarOW : 120.00 Consideradon Amount Amount R&WW Transfer Tax 8.80DA0 9504000A0 TT i3V 88510 0.00 QUEENSBURY 3pwW Ad0bnd 0.00 Addkk=l 0.00 Transfer 3.6WA0 Tax C6erge: 3.a00.00 IECM Cmmts Clarks IIi'rice Ju arm M57A Pawls, J. Yoaal Tierra, Cmttr Clerk '*THIS PAGE IS PART OF THE INSTRUMENT" I hereby certllry that the within and foregoing was recorded In the Clerk's Oftke For WARREN COUNTY,NY File lnforAnatlon: Record and Retum To: Document Number: 2008-00000015 LITTLE S O CONNOR Receipt Number: 57912 PO BOX 898 Receded Date/Time: January 02,200811:57:48A 19 WEST NOTRE DAME STREET Book-VoWg: Bk-RP VI.3455 13g-452 GLENS FALLS NY 12801 Cashier/Station: J Ross / Cash Station 1 BK: 3455 PG: 152 01/02/2008 DEED Image: 2 of 4 UOCUMENTer OJDOOOO15 VOLUME= 3455 PAGES 153 ss N.Y.EUCU MOM a TJ&Es Indmaur,grade the doy of_ &N�VY— 2007 Batweerr DONALD B.DUGAN,with a mailing address at 608 Dearhsven Court, �vP Hillsbenough, North Carolina 27278, as Executor for THE ESTATE OF MARJORIS S. DUGAN,ofthe Town ofRalogb,Couatyof Wake,State ofNozib Carolina doomed ce February 40i� / 22,zoos Gymrtar,and SCOTT H.WHEELER and JAC+QUELINE Rom,with a mailing addr ess at 571 Domrme rich Drive,Maitiw4 Florida 32751-4502,as tnrants by the entirety MMESSETH. That the Grantor,by virtue of dwpower and autharityto him given in and by do acid Last Will and Teatame nt, and in consideration of NINE HUNDRED FIFTY THOUSAND&MOD DOLLARS($95 M,0p0Atn lawful money oftho United States, paid by Me Grantock does Eby tip and release unto the Grantees,his heirs and assigns forever,an pared ofland in the Schedule"A"attached hereto: TAX MAP PARCEL EUKCUM As of the date of Oda conveyance, the Promises conveyed is identified on the Town/CWVillaga of Queensbairy tax map for tax assessment purposes as Tax Map Ni mbor 239 xM127. BASEMENTS AND RIGHTS C;011NEYED TOGETHER WITH the sppart'eaances and all the estate ad rights of the Grantor m and to the Prises. SUBJECT TO all its,restrictions and easements of record. TOGETHERwitbthe appnrtenance%AND ALSOail theestate whichd osaid Testatrix hod st;bo tim ofher dmew%in said pray iso4 AND ALSO the estate therain,which the Gna W has or had powerto convey or dispose o4 whether individually,or by virtue of said Will or otherwise. TO HAVE AND TO HOLD the Premises herran gonrted unla the Grantee$,thear berm and assigns fiusever. AND the Grantor covenants that he has not dame or suffered anything whereby the said pnuises have bow encumbered in any way whatever. ThK in compliance with See.13 oftho Lien Law,the GranWwill receive consideration for this conveyanoo and will hold the right to receive such consideration as a trust fiord to be applied first for the purpose ofpsying the cast oftbo improvement and will apply the samefirst to the payment ofthe cost of the improvement bakm using arty part of the total of the same for any other purpose. � .BK: 31P PG: 152 01/02/2008 DEED Image: 3 of 4 VOLL�E'iE3455 PAGES 154 IN V47X SS*7n=OF,the(Grantor has duly executed this deed the day tual yew first above written. ESTATE OFMAWORIE&DUGAN 43. 46rr,ca, DONALD R DUGAN,EXEt~[MR STATE OF NORTH CAROLINA ) COUNTY OF 04 L MkIn oaths— lyth dgrof =gda`!L2007,two n3e6 6e md=w4 anomry'p*hcm and tw MWS&IM6 paaoml4 wwvdD=M&Dupe,peraam lYbwWatvmeapmvedfameaadebamefuddmaq egideace to>k the md[videai(a)whose aame(s}m(see}aa6aonbedty the w11hm iormnoamt and aelmowled�ed m me ldwtbsWmftqezwuWdwmmiaI'alhedlhetreapadey(iea),aeddtetbyhidhim'tbeireipa�e(a}ontl�smeinemea� the 8adividual(a):arffiepanon open behWa(whiah the lu&0=0)acted.eaewmd do mm=ugaL r -Mm Nl WMARYPURX `I P. 13�JTY m ` NOTARY 's f Npl a.o�aaniwrc Michad OrA Mr,Faq. Utft&CVCOMW P.O.BM us 19 WestNOtM Drone Site Glenn Falls,NY 12801 ,.BK: 4455 PG: 152 01/02/2008 DEED Image: 4 of 4 DOCUMENT* 00000015 VOLU"E: 3455 PAGEn 155 SCHEDULE"A"DESCRIPTION (PARCEL 239.18-1-27) jffje or LRW situate, lying and being in the Torn of Ru ee nsb�ur�y,pCoun y of Warren, state of Nov York. bounded and described as folloxs ( Parcel "A" 239.18-i-27tound on the northern BEGINNING at a point marked by an iron page boundary of the approximate highway bounds r Nev York State Route No 91 Which point is the scuthwasterly corner of lands conveyed herein and running the following eight (8) courses and distances. No ah stoneegyrrall 49 nds a distance Of 66.33 and the western westtes erns boundary of lands conveyed feet along Sound a distance of 15 herein to a point marked by an iron Pipe a than feet, more or lass, from the shoreline of Lake Georg (2) North 06 degrees 49 minutes 00 seconds east a distance of 15 feet more or Jess to the shoreline of take George► then' 13) Along the shoreline of Lake Georgee. or s less,twinds and the tuxne most easterly a Wstanc�f o�50p6arCeelB conveyed herein as shorn an the northeasterly point leg, them nce of (4) South 31 degreto 40pomiinu e(being a point marking end end of 1l feet More or less, 19 tni tie nutes100eseconds east a distance of having a course and s 491.14 feet, than'tance of north 81 degrees (5) South 06 degrees 35 minutes 00 aeconds west a distance of the 179.33 fast mute ar lase, to imdxs higoint hway wa bounds of RawYork Of the stateBrly Route'boundary 9 to a point, Y (S) North 81 degrees 07 minutes 45 seconds distance Y 338.66 feet along the northern boundary of the approzLinatobounds of New York State Route No. 97„ to a point, them (7} North 8! degrees 32 minutes 15 seconds west a distance of 94.72 along the northern boundary of the approximate highway bounds of Nsw York State Route No, 9L to a point, then: (8) forth 86 degrees 12 minutes 28 seconds west a distance of 54.09 feet along the northern boundary of the approximate highway by°ons of pow York St&to iron pipe found andRthe point and Plaute No. 9L to a ce of beginning' marked Together With all that land lying north of the above parcel and south of the mean low water line and lying south of the above arcs! use north co aa�cetua v+boundary line a! New: Yoxk State Route No. 9L. opt re:m 154N EXMIT "E 99 BK: 3455 PG: 156 01/02/2008 DEED COMMERCIAL Image: 1 of 4 WARREN COUNTY PAMELA J.VOG-JLUIIDOCE-E34S5 PAGE N 156 COUNTY CLERK Lake George, NY 12845 Instrument Number. 2008.00000016 As Recorded On: January 02,2008 Deed Commercial Parties: DUGAN DONALD B EXTR TO WHEELER SCOTT H Billable Pages: 3 Recorded By: LITTLE&O CONNOR Num Of Pries: 4 Comm. Examined and Charged as Follows:*' Deed Commerow X00 Cover Pape 5M RP4217 CommOrM 186.00 TP-584 6.00 Recording charse: 218.Oe Considena8on Amount Amount RSWM Trandw Thx 2 OMM 700,000.00 TT 1328 Bask OA0 QUEENSBLRY SPWW AdMnal 0.00 Add§WW 0.00 Tmneder 2,800.00 Tax Charpa: 2j"00 RECMM Cass#r Clerks Vice Jae 02P209 1112A hmla J. VMl 3brraE Carats park THIS PAGE eS PART OF THE INSTRUMENT" I hereby oer*that the within and tMoing was recorded in the Clerk's Office For. WARREN COUNTY,NY File Inkunation: Record and Realm To: Document Number. 2008-000DW16 LITTLE&0 CONNOR Receipt Number: 57912 PO BOX 898 Recorded DateVTime: January 02,200811:58:45A 10 WEST NOTRE DAME STREET Book Voft: Sk-RP %A-3455 Pg-156 GLENS FALLS NY 12801 Cashier/Station: J Ross / Cash Station 1 .,BK: 3455 PG: 156 01/02/2008 DEED COMMERCIAL Image: 2 of 4 k G DOCUMENTP 00000016 qh7� VOLUME: 3455 PAGES 157 a�� N.Y.axBellba'J I� Ito, ° nis In ae I Oft'% dey of. ,�� 2007 Bebftw DONALD B. DUGAN,with a mailiq address at 608 Dm&ven Court, li hbcr ongh, North Carolina 27278, as Executor for THE ESTATE OF MARJORIE S. Ira f D GA.of the Town ofRahk%CountyofWaite, StateofNarthCarojaadw=edonFebruary sz_ Ss. t=fcr,arsd SCOTT H.WHEELER and JACQUELEU WHEELER,with a malting address at 571 Donmatich Drive,Maitland,Flmd&32751.4502,as tenants by tho cn*ctyy GhwteeA VVITNESSETH. That the t3nmw.byvWw of the power aad authority to bim givm is and by the avid. Last Will mad Testament, and in considerationofSSVENHUNDRED THOUSAND&OO/10tiDOLLAR9($70UMOO)kwhlmomeyoftboUmW Statmpiudhythe Grntoea,dowherebygrantaadrelraw mtotlr anmtwkhis he}xaandassigoforever,onpaacei of land in the Schedule"A"attached hereto: As of the data of this conveyance, dw Pramisea conveyed is idwHfiied on the TownACity/Village of QucensbMY tax msp for tax assessment purposes a:Tax Map Numbw 239.18-1 18. ZULU=AND RIGHTS Q2MMM TOGETHER WITH the apprntoomw a and all the estate and rights of the Grantor in and to the Premises. AM=TO CD-TENAMM AM RESTRICTIONS SUBJECT TO all tents,restrictions and ease ueats ofrmord. TOGETHERwiththeg4u mnuw,ANDAi.SOalltheestatewhwhftmd Testatrix had at the time of her decow,in said prmbes. AND ALSO the estate therein,which the anatorhas or had paweQ to convey or dispose o&whether iaMdaally,or by vimm of said WO or otherwise. TO HAVE AND TO HOLD the premises herein pmtcd unto the G=tat,their heirs And udgm l AND the Grantor covenants that he has not done or suffered anyddns whereby ttu said prmrmaes have been encumbered ht any way whatever. That,in oompHonoe with Sec.13 ofttre Lien Law,the Grantor will recaiva consideration for this eonvoyanco and will hold the right to receive such o muddamt h m as a tract br d to be applied first fen tbepuaposa ofpayiagthe cost ofthe improvammt and will apply the same fast to the payment ofthe cost ofthe improvement before using anypart of the toW ofthc same ferany other putposm BK: 3455 PG: 156 01/02/2008 DEED COMMERCIAL Image: 3 of 4 VOLUh1Es 3455 PAGE�O11Se IN WITNESS WAREOF,the Grantor has duly executed this deed the day and year mat above written. ESTATE OF MARJORIE S.DUGAN DONALD IL DU ,EJ�COTOR STA190FNM7HCAR0LDlA ) c0UrTY0F P u R H A M j Oman 12*—"-d1yof pEd MAKr,2W7.befawmkdemd=iMW&=WypA&inaadfor "MOIL P�4Y+PP��Ha>�4 Ylmowa4ome�piuredtomsond�Cbatee�s�u�r evideaca to ba is fadivlduat(a}�Yhoaa aami(s)ii(aye)ailr�oe 8�e wid+ia tmh+arrat�admowladlad b ms �it��WGOCOa.d�IeiaQIC� CapaC��(IEi}�aadt�[b9bii�iD�ai�aiA6a(i)eat�al�ep; the mdivldnKsl mt4=mod tw f iat �r NDT Yt PURUC p•�1 PSErrY P. E.¢Sa N NOTARY PUBLIC 't COVANEW ":nnr AV R> NOTARY * PUBLIC + y�nrr�m+ta Michael Orwnw,&q. Li1de&0xb=w P.O.Box 898 19 West Name Dame Shwa f3Oleaa Fella.NY I284I � WNr1YYrrrgpW W W irr�r ,.BK: 3455 PG: 156 01/02/2008 DEED COMMERCIAL Image: 4 of 4 VOLUME; 3455 pAGE00iiSS� SCEM="A"DESCREMON (PARCEL 239.19-1 29) ALL TRAY Pan= pt rAW situate, lying and being in the Town of pueensbury, county of Narren, State of Nov York, bounded and described as follows: SWINUING at a point marked by a capped iron rod found on the northern boundary of the approximate highway bounds of New York State Route No. 9L which point is the southeasterly course of lands herein conveyed and then running the following six (6) courses and distances: (1) North 66 degrees 54 minutes 44 seconds west a distance of 66.42 feet along the northern boundary of the approximate highway bounds of New York State Route No. 9L, to a point for a corner, then; (2) North 06 degrees 33 minutes 00 seconds east a distance of 179.33 feet along the westerly bounds of the. Iands herein conveyed to a point, a distance of li feet more or less, from the shoreline of Lane George, then; (3) North 31 degrees 40 minutes 01 seconds west a distance of 11 feet, more or lees to the shoreline of Lake George, then; (4) Along the shoreline of lake George as it winds and turns easterly a distance of 40 feet, more or less to the most northeasterly point of the parcel conveyed herein, then; (5) South 03 degrees 09 minutes 06 seconds west a distance of 3 feet, more or leas, to a point (being a point marking one and of a tie line having a souse and distance of north 46 degrees 59 minutes 00 seconds east a distance of 30.11 feet, then; (6) South 03 degrees 09 minutes 06 seconds east a distance of 230.54 feet along the easterly boundary of the parcel conveyed herein to a point marked by a capped iron rod found along the northern boundary of the approximate highway bounds of New York State Route No. 9L and the point and place of beginning. Together with all that Land lying north of the above parcel and south of the mean low water line and lying south of the above parcel and north of actual boundary line of New York State Route No. 9L. jlh— WON '� I EXIMIT 46F" f WARREN COUNTY—STAVE OF NEW YORK PANT A J.VWQL,COUM CLERK 13M BT,ATiE ROM 9 LAKE Ate,NEWS PORK 1280 "wPHIS PAGE 0 PART OP THE 0*CUNEN'f—DO NOT DETACH'"* f f f30D1C/PAGE: S203 / 288 INSTRUMENT #: 201S-4905 f Receipt#: 2015373409 Clerk: CL Rec Date: 08/03/201S 01:58:39 PM Doc Grp: 'RP DesCHp; DEED Nu® Pgs: S Reed Fra: VESTAL LAW PLLC Partyl: WHEELER SCOTT H Party2: DAVIS LAWRENCE A Toein:, QUEENSBURY a E i i WARrfNG*** dwWw m Cler>Ef ma's Ofikk Record and RStu rn To: site of New York j This sheet C=titutM the Ckdm sm1maemest rid by Section 316 of thm Reel Pnp wW Law of the state C'New York. VESTAL LAME PLLC 1881 WESTERN AVE Pamwe I Vopf STE 180 Warren Cwnty Cleric ALBANY, NY 12203 WMMMM MOM eTHIS INDENTURE made the day of :{IL:71CILL= 2015 between SCOTT H.WHEELER and JACQUELINE WHEELER,residing at 83 Olde Coach Road,Diamond Point,New York 12824, parties of the first part, and LAWRENCE A.-DAVIS, residing at 9900 South Ocean Drive, Jensen Beach, Florida 34957, party of the second part. WITNESSETH,that the parties of the first part,in consideration of One Dollar($1.00)lawful )money of the United States and other good and valuable consideration paid by the party of the t second part,do hereby grant and release unto the party of the second part, his heirs and assigns r` forever, ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate,lylr:g and being in the Town of Queertsbury, County of Warren and State of New York and more particularly described in i the attached Schedule A. BEING the same premises described in a deed from Donald Duggan, as Executor of the Estate of Marjorle S. Duggan to Scott H. Wheeler and Jacqueline Wheeler dated December 19, 2W7 and recorded in the Warren County Cleric's Office on January 2, 2008 in Liber 3455 at page 152 and dead from Donald Duggan, as Executor of the Estate of Marjorie S. Duggan to Scott H. Wheeler and Jacqueline Wheeler dated December 19, 2W7 and recorded In the Warren County Cleric's Office on January 2, 2008 in Llber 3455 at page 150. SUBJECT TO all covenants, restrictions and easements of record. i Together with all right, tine and interest, if any, of the parties of the first part in and to any streets and roads abutting the above-described premises, to the centerline thereof. Together with the appurtenances and of the estate and rights of the parties of the first.part in and to said premises, To have and to hold the premises herein granted unto the party of the second part,his heirs and assigns forever. And said parties of the first part covenant as follows: First, that the party of the second part shag quietly enjoy the said premises; 3 I r- F 1 f i Second, that said parties of the first pert will forever warrant the tide to said premises. f Subject to the trust fund provisions of Section Thirteen of the Lien Law. = . IN WI TNE$S WHEREOF,the parties of the first part have duly exam ted th*deed. :` .. NAIMMIMM, V-4 ARC .� + $ 14. R. F hie W. Dbivwo as' f t _ IWWHEELER STATE OF NEW ) i COUNTY OFOr On the.. =rs personally apMA a-,!Y'. f4man lIWM1t�Vvl." 1tQe of . 'evidence the Individ of name in ins and sattsf�ctory be . . a whose i8 subscribed�the within Instrument and admowledged tome that she execul.od the sable in her ,and that by her signature on the ` Instrument,the individual, or the person upon beh ,the Individual acted, executed the instrument i 1 STATE OF NEW YORK 14at M('� Sir COUNTY OF Tuti,On the day of -.in the year 2015 before me,the undersigned, personally app"JACQ EtI E LE'R, personally known to me or proved tame on the basis of soMwItorY evidence to be the Individual whose name Is subscribed to the within Instrument and acknowledged to me that she sited the some in her oapaft and that by her signature on the instrument,the Individual,or the peraftupon behalf of which the individual acted, executed the instrument s9w�� Notary Public Jim w 2 i + J II r SCHEDULE A ALL THAT FARM OF LAND samm,lying and b ft in do Town of QuamburA,County of W=en,State of Now r Yorlr,baa ded and deecdW as f ibm: # 8BC1INNINQ A a point nmdmd by an Iran pipe lbtmd an ttm n bouodsey ofthe apprmdua bi'ghway bounds ofNew Slan Yak e Rasta No.9L which point is the sm&wesfwiy co Starner efhmds dyed hetosln and running the hlbwlog night M oamses and dh maces: (I) Na*06 degrees 49 mitmem W seconds oast a dWence of 803 ibet along a.staae WON aad the mumdary of lands cadvaW baeta to spout os*od by m iron pate ftnd a 410mo of 15 feet*more or Iris,Am the sbmr he of Lab s (2) North 06 dagteva 49 mt7agtes tm aecwcda oast s disraaca of 15 fimo4 more of bs%to the Mina ofLtlos GOW anon i (3) Along do sbmffna dLslra Geotge m R wry nod rains a oWW a dbabmtx of 508 SK man of IOA m dm most � nortbeasittsrly pa�ttt of the panel smstveyad hernia;than (4) souk 3l deVm 40 minter 01 secomb east a dtslame of 11 iK a Ieasi to a point(Wq a point msrkbtg aim d of s de floe bnft a course sand d4M=ofnortb 87 duets L9 mb Wn 00 m oaods add a dishatoe of49L.I4 :than en M. Sotdb 06 deg ea 35 minuted 00 seconds west a disimm of 179.33 bo4 mate or lass,to s pah9 ihr a cansar ataag the # asotherly►botiadrsy of the dmsta highway bounds of Near York State Raub No.91,to a polar;rhea (6) Noah 81 dagraea 07 mlp=45 neon&mats dltt#nce of 336.66 Nd alms the ttorthesss bouedtny of dse appraadmate fthway bommk dNew York Sao Riot M No.M6,to a paint then j (7) Wasth 8I dcgtr:es 32 minutes 15 Mands wrest s di w4v of 94 72 aloe$the mahm bamdmy of the apptaaimate t Wow bum&of New York 8tsmo Ro da No.9L to a pohtti shwa (9) Nos&86 dsgrtes 12 mhatmm 28 aeotmds VM9■d SUM of54 09 ibat abmg the DO&=bounduy line ofdw apt bighway bounds oMN W YO*Steam Roots Na 9L to a polat ft a comer moilmad by an ban pipe ibuad and the point and pbm ot?beghming. Togedtet whh all td leads lyft norlb of the above parool and sa&of fro mean lore water lino and tyhtg sodttb of the above parcel and north of the actual boaadmy Jim of New York States Route Na 9L. AIAM%ALL THAT PARCH OF LAND m'taate,lying md b ft in the Town ofQueansbury,County of Wammn Story of Now York,bounded and desmibed m fa hm. HEGINNINO at s point m rked by a+nipped iron rod fouod.en the tfmilm boundary of**approttiaaslc h4AwQ bounds of Now York Salt twto Na.9L which paint Is the sotsfheeataly coarse of lands hernia canvgW and ruemt lbe fat m tg six (6)odwm and diahaaea: I. (1) North 66 dcgrt:as 54 mW to 44 mods want a distance of 66A2 feet skmg the rm dwrn beandaty of dos apl uimate higdwry bounds of New York State RooW Na 9L to a POW for a comer,&M (2) North 06 degrm 35 mkuWs 00 seconds east a distam of 179.33 that along the westerly bounds of the leads heroic conveyed to a paint,a distance of l l fact,me or kid,to the shoMEN ofL Wm GeosgC;then 3 • t i f • , ti nr'► a f i •- (3) NeA 31 &Won 40 Mkon 01 aesaads west a dbum of 11 f*n9w or Mm to the shmilm OfL*v charge;do (4) Mang Me sham am of Lab Omp as X winch and bm eadarly a dbMm of40 fist,mme or lees,to On most Awtbeoesly Point ofdae Panml eariv wm book dreg (s) Saufli OCi degeeh 09 taltaitas 06stco®ds vrast a dt�e of S t�more ar]ass,to a post (beir�a point a�aaa aid.cfa do lie baying a course and die of=&46 dues 59 mingles 00 seoaOde saga distsaoe GOL11 h*disc (6) South 03 dWm 09mbum 06 aawn6 east o Oprncs of23034 fed dor6 the a darly boundary of the pod ceaveyied Liroin t0 a palat mimed 6y a oVWkm sod Axod aAms the widen m boaodary of fhe"aadsm IOMW bounds ofNew York State Xonta w 9L and too pant gad Plane ofbe # TW&w*a an that lads bft math oftke above pKed kad south oftbs mean bw water one and brLeg south ofd o above Parcel cud north of die&send boodnry Iiae o(New Yodr State Roaee W&9L S {7 3 a1 i S 7 t i I F f r EMIIBIT "G" WARREN COUNTY—STATE OF NEW YORK PALM LA J.VOGEL,COUNTY CLIM 1340 STAT9 ROUTE% LABS GOORW,Nu W YORK 1280 HTY iRrBtIC8 R6CORDrN6 PAGE **OrM PAGE M PART OF THE DOCUN MT—DO NOT DETACH" 1 rl 7' BQOK/PAGE: 5390 / 176 INSTRUMENT 8: 2016-4634 F Receipt#: 2016405311 Cleric: TR Rec Date: 07/15/2016 12:51:54 PM Doc Grp: RP DiStrlp: DEED N#�il Prgs c 3 Rec`d Fro: GREGORY TERESI Partyl: DAVIS LAMENCE A i Parrty2: DARK BAY PROPERTIES LLC Town: QUEENSBU1tY s" 1 i i 4 F i t 3 i WARNrc«* I hereby certify that Ow within and fob wo amded m the warred City clerk's 011im Record and Return To: So"ofNewYc& This shoat comdbAm dw Ckdm adommud regvkW by Section 316 of dw Real Property Law ` of the Stdo ofNew YC& GRErsORY TERESI 21 COLVIN AVENUE Fnwkj. Vagal ALBANY NY 12206 Wammn Cowfty Ciak DRAW- THISA _. ... .made My 4 2016, between f Lawrence A,Davis, residing at 9900 South Ocean DFIN,Jensen Beach, Florida 349j7;party of the,first part, and Dirk)aV^Wrda,LLC, with aprincipal place ofbusiness at 21 ColvinAvenre,Albany, New York 12206,parties qf the second part. -WiMUseth that the party of the,first par4 in comMe a fan of ONE and OW100----Dollars($1.00) lawful money vf the United States, and other good and vdluable consideration paid by the party oft he ifhe secondpart, does hereby grant and release unto dw party of th a secondpart, Its heirs and assigns forever, all ! TIMPCERTAMLOT,PIECEOR PARCEL OFLAND, with the bzrildings thereon situated in # the County of WoM Toitnr ofQueensbwy and State ofNew Yort brown a'isjhWmkW bounded and described arr foltows.- BWsly1NM at a point ma*sd by as iron pipe hwW am dw owftft WwWwy of the Ifftuxh we hkbvdy bowls of Naw Yolk Stile Rom No.9L which point is the two wly coma orLxads cd"*ed bask ad nu o, the bb*W%eight(a: area W disWaeea: (0 rowmw � .adl�; 3Ga��'aaaBb 'walland'� _ ( €' . . i9d aA °r k�a; .ahoaielhre of[ake M MW*Ob&Vw49w&mwOOaww&eat a atle n"of 15 hK IDoro cr lea„to dw shwahe dLaq amp;*" (3) Ahk*Ow daoxil"ot"LWz Getup as it winds and twee,air Merly a distance of 308 fed.araare or leas,to the most no dmia*point of than p=1 tauw*homio;therm i (4) SOO 31 degree+40 fiII0061 Of aaaoaadc eaal a croteawe or t l&K meat:or ksk to a point(b*g a point mealaim one + sad of a tle line baviaag a caatrae MO dislesoe of aaorth E7 degrees 19 midaaiec 00 seconds east a disance of 491.14 feet);then ? (3). S•onth 06 dw=35 m a vis 00 sneered:way a dfa WAW of 179M Gast,=m or kick to as palm for a oanaea Wong the morda rly WMdary of the g roadmels higlty V b noub of Naw Yank State Rawte Nana 91,to a pahnti Java t ` (b} Naadn a1 dpptlee 0?miaueea 43 aiecoada west a dlaunoe ayf 3Sb,6b least aloaag the aorfitdan bormdery atths approxiasgte higInto boom dNew York Slato Baawe No.9L to a polar than+ (7) North gl dagtaec 32 miia N 15 swonda wait a dis nw of94.12 elms tine noribe ra boundmy otthe sppauxinaete hthasay Wuoah of New Yaatlr Stita Route No.9L to a po*than {� North db dWvw 12 mhu"2a n=Ws want a db=n of s4A9 Jw akmg the aordwn boamdeay lips of the f appsoao1 'a highway baaamda of New Yank Slate Route Na,9L tar a parlor 1br a Conner combed by can troaPIPa A=d cad the Togaat w with all chat hmda b*mmffi of dto above pared and KRM of the amaaa low water line and lying south of the abm l pmW and naafi ofthe sdual boundary line ofNew York Slice Route No.9L. Berg the same premises conveyed to the party of the fast part by deed datedJuly 15, 2013 and recorded in the Warren County Clerks Office on August 8, 2015 in Liber 3203 at page 288 Together with the appurtenance s and all the estate and ngkts of the party of the frstpan In and to saidpremises, 1 To have and to hold die premises herein granted unto the party of the second part, the heirs or successors and a ssWns of the party of the second part,f orevoer, # And the party of the first part covenants as followv . t First, That the party ofihe secondpart shall quietly enjoy the saidpreWws Second That the party ofthe first part will forever Warrant the tale to said premises E Third the party of the first part, in compliance with Section 13 of the Lien Low, covenants that the parry of theAst pm7 will receive the consideraflon for this conv+ey+sce and will hold the right to receive such consideration as a trirst fund to be applied fiV st for the purpose of paying the cost of the hWvvement and will apply the saw first to the payment of the cost of the Improvement before using any part gfthe total ofthe same for mW other purpose. { The ward"laoriy"shall be construed as f It read )iarties"whenever the sense ofthis indenture so requires 'f In fl Ihms whereof, the party of the first part duly executed this deed the day and year f rst above written. RV PRESENCE OF s ' 3 t . I,swreftCLA,Dos* STATE OF A t COUNTY 6F- ss 'OA 60 .aN*in the year of 20l d before me,the undersign4 personally appeared ., „personally known to me or proved to me on the basis of satisfactory evidatce 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 be his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the i instrument. Ov a" .x �-.. ' A/An' 100`1/?X'6 EXHIBIT "W" COUNTY OF WARREN, NEW YORK 04/24/2017 MUNIC PALJYY 5 340 acatfon 3300 9TATEROUTE 9L SEC.239.18 1 BLOCK 1 I LOT 27.1 MAILING ADDRESS SPECIAL DISTRICTS Coordinate 1 1 -71 515 DARK SAY PROPERTIES,LLC Emergency medical SEC.2. 1 BLOCK 1 LOT 1 21 COLVIN AVE Fire protection chooi: LAKE UhUHGE USE) ALBANY NY Crandall library dst 12206 DATE VOL PG. OWNER OF RECORD SALE REMARKS 05/18/1948 284 279 1 DUGAN,MARJORIE S. $0.00 JORIE DECD 2/22/05 12119/2W 3465 162 1 WHEELER,SCOTT H.&JA000ELINE I $950,000.00 EC.DEED 12/I 2007 3455 156 WHEELER,SCOTT H.&JACQUELINE $0-01)FR.CONS.OF 239.18.1 28 07/15=15 5203 288 DAVIS,LAWRENCE A $1,765,000.00 07101/2016 5394 176 DARK BAY PROPERTIES,LLC g0,00 (R PER DEED 3455/152}2l2./OS(2$9.18-1=2 DEL=&N 5 W/239.18=1-27 PER bWNERS RE UI ST(3Pf ))3/18108(239.18.1-27 SPLIT PER THE ASSESSORS REQUE$T(2122119);NOIRV 239.18�1-�27.1 THEN 239,X-21.2 CREATEI])3/2M6 NTAGE: 4M.47 1 DE , y EXIIBIT "I" r 6 COUNTY OF WARREN, NEW YORK 04r24T2017 MUNICIPALITY 5 ocadan STATE ROUTE 9L SEC.2Y9—.I-V I BLOCK 1 LOT 272 MAILING ADDRESS SPECIAL DISTRICTS Coonlfnate N-W81942.E-712766 DAVIS.LAWRENCE A Emergency medical SEC.2. I BLOCK I LO 1 %JEAN PADUANO-TEAL Fire protection shoo: KE O 2 BEECHWOOD DR Crandall library dst CLIFTON PARK NY 12065 DATE VOL PO. OWNER OF RECORD SALE REMARKS 05/18/1948 264 279 DUGAN.MARJORIE S. $0.00 JORIE DEC'D 2/2M 12/19V2007 3456 152 WHEELER,SCOTT H.&JACQUELINE -$950XM00 EC.DEED 12/19/2007 3455 156 WHEELER,SCOTT H.&JACOUELINE $0.00 R.CONS.OF 239.18-1 28 07/1512015 5203 288 DAVIS.LAWRENCEA $1,765,000.00 (239.18-127 SPLIT PER THE ASSESSORS REQUEST(2/22116);NOW 239.18-1-27.1 THEN 239.18-1 27.2 CREATED)3016 FRONTAGE: 42 DEPTH: 0.00 1 ,ACRES: E)MBIT "J" (Queensbury Z8A Meeting 09027/06) QUEENSBURY ZONING BOARD OFAPPEALS SECOND REGULAR MEETING SEPTEMBER 27,2006 INDEX Area Variance No.8-2006 David R.Kelly,M.D.&Sally N.Kelly 1. Taut Map No.239.15-1-3 Area Variance No.58-2W6 Lee Rosen 9. Tax Map No.227.14-1-24 Area Variance No.53-2006 Debra&Michael Young 12. Tax Map No.301.18-1-67 Area Varierioe No.54-2006 Lyn and Mitchell Derway, 17. Tax Map No.289.16-1-15 Area Variance No.55-2006 Marjorie S.Dugan Estate 21. rJo McPhillips,Fitzgerald&Cullum,LLP Tax Map No.239.18-127&28 Area Variance No.57-M Daniel L.Hunt 29. Tax Map No.308.1-1-6&308.1-1-57 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 0 M (Queensbury ZBA Meeting 00/27/06) 66 Courthouse Drive. The applicant seeks rear yard setback relief for an in-ground swimming pool that has been constructed at this location. The applicant requests relief from the near yard setback requirements for swimming pools fisted in Section 179-5- 02DC of the Zoning Ordinance. The amount of rear yard setback relief requested is two feet. Could this benefit be achieved by any other means feasible to the applicant? I don't think so. it would mean removing this pool and putting in a new one,which does not seem feasible. It will not male arty undesirable changes in the character of the neighborhood or to nearby properties. The neighbor to the rear has no problem with 1L The request of two feet is certainly not substantial. The request will not have any adverse physical or environmental effects,and whether the difficulty was self-xeabd, it was created by the contractor, but as the Chairman has sold,the homeowners are still responsible for that, but it certainly was not something they did willingly. So I make a motion we approve Area Variance No.54-2006. Duty adopted this 270' day. of September, 2006, by the following vote: AYES: Mr.Underwood,Mr.McNulty,Mr.Garrand,Mr.Bryant,Mrs.Hunt,Mr.Abbate NOES: NONE MR. ABBATE-The vote for Area Variance No. 54-2006 is seven yes, zero no. Area Variance No.54 2006 is approved. Good luck. MR.DERWAY-Thank you. MR.ABBATE-You're very welcome. AREA VARIANCE NO. 550M SEQRA TYPE: II MARJORIE S.DUGAN ESTATE CAD MC PHILLIPS, FIIZGERAED & CULLUM, LLP AGENT(SY MC PHIWPS, FITZGERALD&CULLUM.LLP&VAN DUSEN&STEVES OVWE R(S). MARJORIE S. DUGAN ESTATE ZONING: WR-1A LOCATION: ROUTE 9L APPLICANT PROPOSES 'LOT.LINE CHANGES IN ORDER TO SITUATE THE TWO SINGLE FAMILY DWELLINGS, CURRENTLY ONE ON ONE LOT, TO BE SEPARATED AND LOCATED ON TWO LOTS. RELIEF REQUESTED FROM MINIMUM LOT SIZE REQUIREMENTS. WARREN COUNTY PLANNING: SEPTEMBER 13, 2D06 ADIRONDACK PARK AGENCY YES LOT SIZE: 1.81 ACRES TAX MAP NO.238.18- 1-27&28 SECTION: 17944030 MATT STEVES,REPRESENTING APPLICANT,PRESENT MR.UNDERWOOD-ALk to explain this,because Staff notes don't really get into exactly what's going to happen here, but I'll refer to the Warren County referral form from the Planning Board up there. 'Warren County Planning Board Project Review and Referral Form September 13, 2W6 Project Name: Marjorie S. Dugan Estate Owner(s): Marjorie S. Dugan Estate ID Number. QBY-06•AV-55 County Project#: SepD6.40 Current Zoning: WR-1A Community: Queensbury Project Description: Appllcant proposes lot line changes In order to situate the two single family dwellings,currently on one tat,to be separated and located on two lots, Relief requested from minimum lot size requirements. Site Location: Route 9L Tax Map Number(s): 239.18-1-21&28 Staff Notes: Area Variance: The applicant proposes a lot fine adjustment to separate.two single family dwellings to individual lots. The homes are currently on one lot, to be separated and located on two ka. The lot currently is 1.59 acres where one lot Is to be 1.10 acres and the other lot is to be 0.71 awes. The minimum lot size alfowed is 1 acre. The information submitted shows the lot arrangement with each home being on a separate lot. Staff does not identify an Impact on county resources based on the information submitted. Staff recommends no county impact. County Planning Board Recommendation: No County Impact" Signed by Richard C.Merrill,9/14106. STAFFINPUT Notes from Staff,Area Variance No.55-2W6, Marjorie S. Dugan Estate do McPhillips, Fitzgerald&Cullum, LLP,Meeting Date: September 27,2006 'Project Location: Route 9L Description of Proposed Project The applicant proposes a lot line adjustment between two lots,one of which currently has two residential structures. The result would be that each structure would be located on its own lot. Relief Reauired: 21 • r r r n ' (Queensbury ZBA Meeting 09127/06) The applicant requests relief from the lot size requirements of the WR-'A zone listed in §179-4-030 of the Zoning Ordnance. Parcel H' SP 8-2004,construction of 640 sq.ft.boathouse. It appears that this approval expired, as construction of this project did not take place within one year of approval of the variance. Staff comments: The map submitted with this application proposes the elimination of an existing driveway and the construction tion of a new shared driveway. Should the ZBA vote to approve this application, consideration should be given to stipulating that this application appear before the Planning Board for Site Plan Review in order to address the stormveter Impacts of eliminating the existing drive and constructing a new driveway." MR.UNDERWOOD-Thars it. MR.ABBATE-Okay. Thank you very much. I see we have before us several individuals. Would you folks be kind enough to speak into the microphone,identify yourself and tog us what your relationship is to this appeal,please. MR.SIEVES-Matt Staves with Van Dusan and Sieves, I represent the Dugan Estate. MR.ABBATE-Okay. MELISSA LESCAULT MS. LESCAULT-And I'm Melissa Lescault from McPhillips, Fitzgerald and Cullum and i represent the Dugan Estate as well. Also present are some of the family members of the Dugan Estate are also present here, in order to give their opinions, N necessary. Normally you heard what I said about having an attorney, but Mr. Staves has been coming before us so many times,it doesn't apply to him. MR. STEVES-Good evening. Again.Matt Staves representing the Dugan Estate, This is property that's located on 9L,lakalde on the north side of the road,in that particular location. There's two tax parcels,as has been described previously, of 1.59'and 22 There was an old foundation on the easterly lot, the 22. What we're trying to do Is there's two primary structures on the existing larger lot, is to adjust the lot line of the small lot on the east, move that fine to the west, and create two parcels around the existing structures,because of the fad that two are two primary struclures. In looking at this, we did the topography on the sr'te. for the purpose, because the driveway, ff anybody has visited that site,it is an extremely steep driveway,extremely diflku t to get in and out of,especially at the angle that ft approaches onto 9L So we loots at ft,in order to move that lot line,to accommodate the shared driveway which is a requirement of the zone anyways. and to put ii in the bet location along the entire road frontage, looking at the sight distances when we did the topography,and establishing a driveway of 15%, compared to the one that,worst case scenario. has a 28%slope. They were much more suitable for ingress and egress onto 9L. We also had Hutchins Engineering perform test pits and pare tests,and 90 Is depleted upon the map where we show an area where septic systems,If ever need to be for these places could be reaocated in a compliant location. It meets all the required setbacks and the softs there are suitable for those septic systems. We did that in anticipation,so visa had all the answers.so that the clients and ourselves could decipher whether or not this was a feasible alternative to adjust this lot One,and we believe it's a better scenario than what exists now. You have two primary structures on one lot, and we have a lot that is really problematic, that ff somebody was to buy that narrow lot, it would be in for variance, after variance, after variance, and we thought by creating two lots that were more conforming with the neighborhood, maybe not meeting the required lot area, but we think more in conformance than a small lot on the east that really is problematic in its current configuration and cleans up,again,a lot that has two primary structures. MR.ABBATE All right. Thank you very much. Do any members of the Board have any questions for Ms.Lescault or Mr.Staves. MR. UNDERWOOD-Matt, Is it Waterfront Residential Three Acre? It is three because It's 75 foot setback. 22 ' r u ♦ r s (Queensbury ZBA Meeting 09/27I06) MR.HILTON-if I may,Mr.Chairman,I just want to state,for the record,state that,as I've written in the notes, I've referenced it as being in the RR-3A zone. The information I have shows that it's in the RR-3A zone. If you look at the map, if it were R. WR-1A, these parcels would,in fact,conform. So,all the information I have states,.or points to it being in the WR-3A zone. MR.ABBATE-Okay. Thank you for clearing that up for the record. MR.STEVES,And we concur with that. MR.ABBATE-And you concur. Okay. That's fine. All right Members of the Board have any questions for the appellant? MR. BRYANT-Just a clarification, please. You said If it was a one acre zone, the new Proposed lots would still have a lot that's less than an acne. MR. HILTON-The map I'm looking at,correct,you're right You would have a.71 and a 1. MR. BRYANT-So in reality this lot, if it is in a Three Acre Waterfront Residential zone, that the lots,as they exist now,are not conforming. MR.HIJ_TON-Oorrect MR. BRYANT-Okay, and now you're taking two nonconforming lots and mating two nonconformlIng lots. MR. HILTON-Correll,yes. Yes,my apologies. I was looldng at the 1.1,but,ultimately, yes,its in a WR-3A zone and your statements correct. MR.ABBATE-Okay. MR.UNDERWOOD-The County referral form is the one that had Waterfront Residential One Acre. So that's where I got it from,sorry. MR.ABBATE-Okay. All right Fine. Any other questions from Board members? MR.BRYANT-Just out of curiosity,how old are these houses? MR.UNDERWOOD-One is 47,the other is 100. MS.LESCAULT Yes. MR.ABBATE-Years. MS.LESCAULT-Yes. MR.ABBATE-AN right. Any other questions from the Board members? MR. URRICO-Is there any possibility that they can be made more conforming or more equal in terns of size? MR.STEVES-There's a possibility to do that,but what we were looking for is the existing primary structure that is located on the easterly portion of the property is maintaining the required setbacks from that, and our prime objective here is, because of the two structures and trying to create two lots,was the location of the driveway, and you can see In putting the driveway further east,is a better scenario for the driveway location,but yet is rut as good a scenario as creating an equally divided parcel. Because the only way,by the Town Code,you consider a shared driveway shared is the property line must be within the bounds of the driveway. So,I agree that,could we create a line that kind of angled way back over to the east and took a bunch of lake frarnage away, yes, but in looking at it In the practical standpoint,it doesn't make any sense. MRS.HUNT-The total acreage is 1.59? MR.STEVES-1.59 and.22. MRS.HUNT-That's for the two houses. 23 _ r (Queensbury ZRA Meeting 09/27106) MR. STEVES-1.59 is the current tax parcel that is the larger parcel, and the current easterly parcel is the.22. MR.UNDERWOOD-Is the Estate going to hold both properties as created if wa approve this? MR.STEVESAI this time. MR.UNDERWOOD-Yes,okay. MR.BRYANT-Mr.Chairman,Staff recommends that you have a site plan review. MR.STEVES-For the stomrwater. MR.BRYANT Yes. MR. STEVES-AW we don't disagree. We have done,as I just stated before, test pits, perc tests,topography,so that we could not only design the sites for the best lot lines, but also In preparation for that,but we didn't want to go to that extent Mr.Hutchins,Tom Hutchins of Hutchins Engineering, is prepared to move forward with that,but we wanted to make sure that that was something that this Board was in favor of before we did that, but If it was a stipulation of an approval,wed have no problem going before the Planning Board for site plan review. MR.BRYANT-That was the question. MR.ABBATE-Any other questions? MR. UNDERWOOD-ff the Estate decides to unload one of these properties,that shared drive will remain for both properties? I mean, that could be part of the resolution if we make that that they not create another driveway. MR. STEVES Absolutely. There why we showed it that way. We already made them aware that this is the best scenario,and we showed it that way,and the other one would have a notation to be removed,must be removed at the completion of the new driveway. MR.URRIC04 have a question for Staff. Is there any way to determine what the sizes of the properties on either side of that property is? MR.STEVES-I can answer. The average of about the fnre or six parcels to the east and west of this and ours averages about.72. There's a.77, 63,•.94, and then ours at,71 and 1.1,would be the average of the five parcels in that area,in that bay. MR.HILTON Yes,I'm showing.94 directly to the east,and.61 immediately to the west MR.STEVES-Correll. MR.ABBATE-Okay, Any other questions? All right,no other questlons, than I'm going to open up the public hearing for Area Variance No.55-200ti. I'm going to ask if we have any members of the public who would like to address this particular appeal. Raise your hands and IT be more than happy to recognize you. PUBLIC HEARING OPENED CHARLES FREIHOFER MR. FREIHOFER-My name is Charles Frethofer. I live ne)d to the applicant's property. This has been my permanent and'" residence for over 25 years. I thenk you for allowing me to speak with regard to this proposal. On the surface we're discussing what appears to be an effort to create two lots, neither of which meets the Town's requirements for a minimum area. This proposal oomes.about as a result of the failure of the property to sell. It's been on the marW for over a year,as it now exists as a single entity, which in turn is the unfortunate result of an expectation of an unrealistic selling price, which was set at a time when lakefront properties were enjoying strong seller's market,a situation that has since come to a standstill ai best. The question Is,what will this proposal,9 approved,create? Twice as many people,twice as much traffic,twice as much noise, twice as much waste disposal, and so on. A second set of docks and boathouses on one of the longest stretches of minimally disturbed shoreline in the"town of Queensbury. What are the beneffts? To the present owners,actually none. They are 24 (Queensbury ZBA Meeting O9Q7106) not making this application to improve their habitat. There is only a perceived benefit In the form of finally selling a property that has not sold yet, as the result of poor advice, further resulting in unrealistic price expectations. This,of course,poses the question as to whether if a property will not sell at an unrealistic price,will half of the property sell at half of that unrealistic price? Now I was addressing benefits. Having established that this proposal,if approved,will provide the applicants with nothing more than a perceived, and in my opinion misguided opportunity to make the property more marketable. If successful,they will not be living with the results. What are the benefits to the neighbors who will have to live with those results? I have made an honest effort to evaluate this proposal from that perspective, and I have come up with absolutely none. I have not only the experience but a three foot jog in my living room wall from when I was denied a three foot encroachment on a sideline setback,as a reminder of how strict this Board, albeit some years ago,can be when it adheres to its regulations and protects neighbor's rights and interests.and i hasten to add,so that there is no misunderstanding,that the applicants were not a party to that action. I trust,however,that these values are shill In force. That ends my prepared remarks,but listening this evening,to repeated concerns of Board members,several of you, almost all of you at one time or another, I must say that simply put this would set a precedent that would change the character of the neighborhood and certainly impact the area. Thank you. MR.ABBATE-Thank you,Mr.Freihofer. Yes,sir. UONEL BARTHOLD MR. BARTHOLD-My name is Lionel Barthold. We also have been 25 year full time residents of that bay. I'd Glee to add to the comments made by Mr. Freihofer. This properly is currently listed at two and a half million dollars. The motive of the variance is not to relieve a family problem or hardship of arty kind,but rather to increase the market price. That's quite clear. That,In my view,Is a self-imposed hardship. The buildings,as It's pointed out, are very old. They're un-insulated. They're unsuitable for year round residences. This is a classical tear down situation in the market. Whoever buys that property, or these two properties, If It beoomes so, will tear those bulldlro down, and you will be faced,by request for half a dozen variances and setback on septic and other matters. You're going to see, or we will see, V this is divided, two large permanent houses,on those vary narrow lots,that range as low as 100 feet between the road and the lake. You're also going to see another dock, in a bay that already has a dock that serves off shore residences. So there's a lot of traffic in that bay,a lot more than the houses there would indicate. If you divide,well, i would personally question the septic system on a lot that has an,if you divide it in two,has an average distance from the lake, including the house, of slightly over 100 feet, maybe 110 foot average. I think it's a dangerous precedent, and it would have far reaching affects In QueensWry and elsewhere. We happen to have a two and a half acre lot. Does this mean that I can come back to this Board,N you approve ik and ask that I subdivide that into three lots? Be careful of the precedent. That's my only comment. MR.ABBATE-Thank you very much for your comments. Do we have anyone else In the audience who would like to address Area Variance No. 55-2006? All right. I see no other hands raised. Do we have anything else to read,Mr.Secretary? MR.UNDERWOOD-No. MR. ABBATE-Okay. Fine. I'm going to ask Board members to offer their comments concerning this particular request for a variance, but before i do, I'm going to give the appellant and his representative an opportunity to respond to the comments that were made:. MR. STEVES-Thank you. In response to a few of the comments. I believe I've already addressed most of those,but 11 just go over it real briefly. We're not proposing to take the larger lot and subdivide it into two,as maybe somebody thinks in that. We have two tax parcels now. We're only going to end up with two tax parcels. We're just trying to make them a little bit more in conformance with the area,take a lot on the easterly and that really is nowhere near conforming and sliding it to the west. We have two tax parcels. We're going to end up with two tax parcels. We're not creating any new lots. As far as the impact of usage, we're not changing anything. The only thing that were changing, we, in our opinion, and the applicant's opinion and professionally is in improving the lot by creating a new driveway that allows much better access and safer access,not only for the people using this,but people driving up and down 9L,but there is no,in this application in front of you tonight,there's no proposal for a new dock. There's no proposal for a new building,for a tear down,and if somebody did come In In the future 25 (Queensbury ZaA Meeting 0=7106) looking to do such,you have two lots that have substantial enough frontage of the lake to,if somebody wanted to put in a dock,they wouldn't need a variance to put in the dock, and so therefore If you're going to be creating more variances, I don't see any,and as for as the septic system,I addressed that at the beginning. That was one of our concerns is to make sure that we had an area that we could place two compliant septic systems before we even came in front of this Board,before we even decided where to move the lot fine to. That was a coricem of the applicant as well as his consultants. MR. ABBATE-Okay. Thank you. I'm going to ask members, now, to offer their comments and do.we have someone that would like to respond? MR.BRYANT4 have a question,and then I'll make my comments. MR.ABBATE-Go ahead. MR.BRYANT-Did you ever consider,rather than creating these two nonconforming lots from this already nonconforming lot,did you ever consider absorbing that little parcel into the big parcel and just make one lot? MR.STEVES-We still have the difficulty of two primary structures on the lot. MR. BRYANT-But the reality, though, is, at this point, that eventually one of those structures is going to have to come down,and eventually that would be a compliant or an almost cornpfiant lot. MR.SIEVES-That's correct I cant argue that point MR. BRYANT-So let's don't even consider the fact that you've got two structures. Did you ever consider making that one lot Instead of two? MR.STEVES-Did I ever consider that? MR.BRYANT Yes,well the owner or whoever. MR.SIEVES-Not that 1 know of,no. MR.ABOATE-dkay. Now,again,do we have any members who would like to address this particular Area Variance No.552M MR.URRIC04 1 go. MR.ABBATE-Please. MR. URRICO-1 appreciate what you're trying to do, but the fact of the matter is, we're already in a nonconforming situation here with a nonconforming lot,and your request is to take that nonconforming lot and continue to make it nonconforming but in a different way. MR.SIEVES-But two lots we have now. MR.URRICO-But they would both be nonconforming. MR.STEVES-1Jnderstood. i just wanted to make sure you understood,two lots. MR. URRICO-So in taking the balancing test,whether the benefit can be achieved by other means feasible to the applicant. Well, I'm thinking that you already have the benefit You already have the benefit of a nonconforming lot with a nonconforming situation. So the answer to that is yes. The lots,whether it will have a change in the neighborhood character or nearby properties,wen, the goal here is to make the zoning three acre. That was the reason why the zoning was changed for that area, and whereas most of the lots in that area are substandard, to grant this would be to rubber stamp the nonconforming situation and say,okay,we're going to ignore the three acres. We're never going to achieve It,but I don't think thars-the realm of this Board to do that. As far as whether the request Is substantial,again,I think we're taking a nonconforming lot with a nonconforming situation'and I think it's substantial. As far as adverse environmental effects,there'll probably be a request,if we grant this,there'll probably be a request for another dock. Another dock creates a creates another problem. I see other problems coming as a result of the properties being separated. So I think yes to that as well,and I think the difficulty is self-created as well. So 1 would be against it. 26 r (Queensbury ZBA Meeting 09/27/06) MR.ABBATE-Okay. Thank you very much. Any other members wish to comment at this time? MR.UNDERWOOD-Yes,I'll go next. MR.ABBATE-Jim,please. MR. UNDERWOOD4 would have to echo Roy's sentiments. I think on face value it seems a reasonable approach what you're trying to do here,but I think in listening to the comments of the neighbors who would be affected and in consideration of the impact on Lake George,9 we continue to usurp the Code,so to speak here,by creating two more substandard size lots which will have substantial huge me mansions probably erected on them once they sell at that cheaper price. I would have to agree that's probably a great and run way to get that acoomplished. I donY think it's reasonable. I think that eventually this lot may sell and i don't think that,you know,that.22 acre lot down there, it's probably,you know,one of those lots that either ought to be added on,as Mr.Bryant 'suggested,to this whole lot,and create a more compliant lot that reaches towards that three acne compliance and would allow for a substantial dwelling to be created on that IoL I don't think that because something is there, that that sets any Code, or that we have to presume that were going to have two dwellings on site,on that lot in the future. If someone wants to build on that lot in the future,they can build a single dwelling there that's compliant,as far as I'm concerned. MR.ABBATE-Okay. Thank you. Mr.Bryant,I believe you wanted to go next? MR. BRYANT-Yes, sure, Mr. Chairman. Thank you. I've got to agree with Mr. Underwood and Mr. Urrico, but 1 want to paint it in a different pict[re. What you're creating is a situation with two lots that somewhere down the road these older houses can be demolished and you would then want to build new structures on two separate lots. Now, they're both going to be noncorrfarming kits. So whatever you do you're going to have to come before the Board,but in reality,if you have a tax parcel,we can't deny you the right to build. We'd have to agree to some kind of variance so that you .could build something on each one of those W. If the shustion remains status quo,or you joined both lots Into one giant tot, as the neighbors are suggesting, somewhere down the road when you demolish the house,you're going to be left with one house and one building lot, which is a more desirable and result for the environment and for the neighborhood than to have two separate building kits. So, from that standpoint, the impact on the neighborhood is going to be substantial. You're going to have the two building lots as opposed to one building lot,which is what you have now. So in that view, I'm going to be opposed to that. i know that your response is going to be,well,we have two eodsdng houses on,We a nonconforming situalon,which will be rectified with time. One of the houses eventually will be demolished,and this Board will never allow you the Wcond house on that IoL So the reality is you get back into the realm of normalcy,and so that's what our objective is,and I think that's why I'd have to be on the negative side. MR.STEVES-If I could make one quick comment to that. MR.ABBATE-No,the comments offered by members of this Board are directed to me as the Chairman, and they've not subject to debate by either the appellant or the public. Who else would like to go next? Please,Rich,gay ahead. MR. GARRAND-Well, basically, what we're trying to do here is grant the minimum necessary relief to the applicants. Dividing this up into two parcels can ultimately have negative environmental Impacts. We're looking,in the WR- A zone.for something more compliant By dividing this lot up or having these two tax parcels so nonoompliarn,we'd basically be increasing the noncompliance in this area,and therefore I'd be opposed to this application. MR. ABBATE-Okay. Thank you very much. Next would be either Mrs. Hunt or Mr. McNulty,please. MRS.HUNT-1'II go. MR.ABBATE-Please. MRS.HUNT-I have to agree with my fellow Board members. I would be against whittling down the Code. I mean, it should be three acres and we're going to go down to one section would be less than an acre. I would definitely be against it. 27 • prr (Queensbury ZBA Meeting OW7/06) MR.ABBATE-Okay. Thank you very much,and I believe Mr.McNulty is next,please. MR.MC NULTY-Okay. This is a tough one because the applicant,in some ways,makes a valid polnt, that it's conceivable that these two properties could be sold to separate owners,and we could have somebody back in here wanting to build something on the narrow sliver of a lot,and H that should happen,we might vrel be better off splitting it the way the applicant's proposing, but we're dealing with what ifs. We don't know what's going to happen here,and that's where I hit the sticking point Ihre got to compliment the applicants. They did not collie in here hollering that they couldn't sell the property and therefore they want to split it. That came from somebody else as a suggestion, and ii may be true,It may not be true,and I think they've done a real good Job of looking at the future potential and where therWs a location for viable septic systems and coming up with an Intelligent plan for a shared driveway and that whole thing. I think,you know,if I were going to approve something,this Is the kind of thing I'd like to approve,because I think It's a good job that's been done, but,given that we're dealing with what we know and everything else is conjecture, there's at least a 5015D chance that somebody will come along and buy body these parcels and combine them into one and well have something a tot closer to a conforming lot,and as has been pointed out,at some point in the future,one building instead of two on it. So,for that reason,I've got to agree with the rest of the Board members,and I'd be opposed. MR.ABBATE-Okay. Thank you. I,too,will agree with the vast of the Board members, but in particular I would probably have echoed the same comments that Mr.McNulty has echoed. However, I have a couple of options for you. Its obvious that you have no support for your appeal this evening,okay,and to provide you with every opportunity for a fair and impartial hearing, I'm merely going to suggest, and the decision is yours to consider, either tabling it to do something else or withdrawing your request The decision is yours and only yours to make. MR.STEVES-Okay. MR. ABBATE-We could go ahead with the vote if you wish, but you will not have the support MR.STEVES-Okay. Could you give me about ten seconds to consult here? MR.ABBATE-Absolutely. You may have that You mey have more than ten seconds. MR.STEVES40d can I make one comment? MR.ABBATE Yes,you may now. MR.STEVES4 appreciate it and I apologize,Mr.Chairman. I wasn't trying to interrupt Allan brought up a great point when he sold that you have an e)dsdng tax parcel, no matter what the size is, that somebody could cams to and irs hard to deny somebody some type of building on that tax parcel,Ord I'm not saying I'm trying to sway you. What I'm trying to say is that's what we realize,too,when we looked at this, !mowing that all we're doing by keeping that small parcel is making a problem parcel for this Board and the Town and that's why we tried to adjust it to the best of our ability,and I appreciate the comments that Mr. McNulty made and that you have made, and that's the only thing I wanted to say. MR.ABBATE-All fight. Well, I need a decision. You can request tabling. If you don't desire that,that's fine. If you want to withdraw,that's fine too. MR.STEVESOkay. She's just going to go ask our client. MR.ABBATE-You would Ike some time. MR.STEVES-Yes. MR. ABBATE-Why don't we take this opportunity, then, to have about a ten minute break is that sufficient time? MR.STEVES-That would be great MR.ABBATE,All right. We'll take a ten minute break,folks. Before you start,one of the Board members has requested to make one further comment 28 y� r , (Queensbury ZSA Meeting OW27/06) MR. BRYANT4 just wanted to respond to what you said. I agree with what you're saying,okay,but the reverse is also true. Because regardless of what you build on that one giant lot,you're always going to have difficulty because its a nonconforming lot. So whether you do it this way or you do it that way,it's still going to be difficult. So I agree with what you're saying,and I understand It,but also understand what I'm saying is that one lot you're still going to have difficulty. MR.STEVES-And I agree,and that's what makes the world go round. MR.ABBATE Absolutely. MR.BRYANT Thank you. MR.ABBATE-Now what conclusion have you come to? MR.STEVES-Go ahead and vote. MR. ABBATE-Okay. Fine. All right. I'm going to dose the public hearing on Area Variance No.55-2U06. PUBLIC HEARING CLOSED MR.ABBATE-And again, I remind the Board members of the five factors we must take into consideration, Having said that, I'm going to seek a motion for Area Variance No. 55-2006. Do I have one? MOTION VARIANCE N E a.DUGAN Introduced by Roy Urdco who moved for its adoption,seconded by Allan Bryant: 3300 Route 9L. The applicant Is proposing a lot line adjustment between two lots. The current tax parcel Is 1.59 acres,plus an existing.22 acre extension of that,and tfrey're proposing to divide this parcel into two separate tax parcels,one of.71 acres and one of 1.10 acres. In making this motion, the applicant requests relief from the lot size requirements of the WR-0A zone listed in the Zoning Ordinance as 1794-030. In making this motion for a denial, I'm basing this on the five arlteria which we're asked to use as a test. One being whether the benefit can be achieved by other means feasible to the applicant. The applicant already has the benefit of Is nonconforming lot with a nonconforming situation. Whether the undeskable change in neighborhood character or to nearby properties will occur. Already lots are substandard in fhfs area which is designated as a WR-3A zone. These lots would be under that WR-0A zone. So therefore there would be a possible change in the neighborhood character. The request is substantial in that,again,this is a noncorrfomrtng lot with a nonconfbaning situation and we would be creating two nonconforming lots out of the nonconforming lot that already exists. As far as an adverse physical or environmental effect, by creating two substandard lots,one,a good situation would be the combination of the two driveways into one,but in doing so,we're also creating possible needs for an additional dock,as well as perhaps other environmental creeds that are going to be the result of a new tax parcel,and,yes,the alleged difficulty is self-created. Duly adopted this 27m day of September,2006,by the following vote: AYES: Mr.Underwood,Mrs.Hunt,Mr.Garrand,Mr.McNulty,Mr.Unite,ML Bryant, Mr.Abbate NOES: NONE MR.ABBATE-Area Variance No.55-2006 is disapproved. Thank you,gentlemen. MR.STEVES-Thank you. AREA VARIANCE NO. 57-2006 SEQRA TYPE: If DANIEL L HUNT OWNERM., DANIEL L HUNT ZONING: SR-1A LOCATION: AMERICAN WAY(PRIVATE DRIVE) OFF LUZERNE ROAD APPLICANT PROPOSES LOT LINE CHANGES TO REMOVE ROAD FRONTAGE FROM ONE LOT AND ADD THE FRONTAGE TO ANOTHER. RELIEF REQUESTED FROM MINIMUM ROAD FRONTAGE REQUIREMENTS. CROSS REF.: ADMINISTRATIVE 2 LOT SUBDIV. WARREN COUNTY PLANNING: NIA LOT SIZE: 1,56 & 1.452 ACRES TAX MAP NO. 308.1-1-06 AND 30&1-1-57 SECTION: 1794-OW 29 EXMBIT "'K" (Quet'nSbury PlanhIAQ Board WI3" QUEENSBUR 'PLANNING BOARD MEI=TINO FIRST REGLR.AR MEETING MA)M 18, INQE K Site Plan No.44-2fi0/ David&Mery ou Dana 2. Talc Mao Na.289.B-l-W Site Plan No.61.2.Q07 The VMJR Companies 5. Freshwater Wetlands Tax Map No.3M15-145 Permit Nqk..'- site Plan No.4-2000 Scoo&jackiel wheteler 23. Tau Msp'Ndi.239. Site Plan No.540M DaWd&Lahr Ar°akerm 36. Tax Map No,227,10-1-27 Site Plan No.7�M FS Tpdn Hatdiras 50. FMWMater Wedhnd$ Trfx map.No.46.2011-9:10 Permit No.4-09 Site Plan Na 30 gdW*"�a.�Irl.Swo Counc"I 56. MODIFICATION Tibc Map No.,296.16-1-10 Site Plan No.334M Sty&bed dyer 69. Teat Ift No.227,i 36 THESE ME NOT OFFICIALLY ADOPTED jMNi�ftES AND ARE OUBJIaT TO]BOARD AND STAFF RfiMIO S. RItMWNS W' 'I !MeP�l4R (7N THE FlJLL,O1MN(3 MONTHS MINUTES OF ANY}' AND WILL .STATE .SUCH APPROVAL OF SAID MINUTES. 0 (QUganSbUly Planning Bbord 031108) W.HUNSINGER-Goorge?' MR HILTON-Just to fbilow up an that. I did speak to Mr. Ford. I Ma given the lnfbrmsfi.on that he was provided with. In sp6sldng with our Opunsel, Mr.Ford made 4 part of the public iseW or scluviviedged that he had received,or had contort or had cmversAfton with smeom 7N ImbriiWron VW he facelved is mw part of the public maxM vAl be dlWbuted to the Ord, and ced"fy to ralerato any-Commerft or camwOndence to any of the board nleMbarb.9wid come fabuo Flfanniliho,810, MR. HUNSINOERYes, 9 1 owid just glebVift.ah ftL Code]*, shy wdW public comments tftit the pubic wants to Mike ibiould bo dh%%d'to SUM Tfey ivill b4cium Pon df the public Mwrd. Written comMidmts We always acetpWd on any prqW, $nd a0alin.ft should'be sera the Town Hall,tp the attan(lan qf the Planning. I3 Saams and they wM eftftr read the Wmrneft ifith the fmmfd dt a Wc hearing,,or dWba copies of the kftmo[W to the Bovro� I'm scary.,did yqu.hdw a v6mrawd MR.SWEENIEY4 n jW salting fpr tW courwy of that ony0wrig that's distributed from arty cift1de agency ar any!rMM9§W peMft that's given to tho TMm; If iie could slao r00*8 a wpy,as awa as It's avallatgm MR.HUNON13ER-Sure,that's staiVerd protacoL Yes. MR.SWEENEY-Thank you. MR.HUNSIMER-Yes,that's a fair&Wnrt da So.09 wo have a tabIng mWon? MRS.STEfFAI-44 thtnk so. WMON TO AppgQUE-THE R9QUE9T POR A IAL. UMNQ .]BY 714E APPLICANT MR SITE PLAN NG_5JNW-a floaff&aR ZMUMM I,= THE V"DMPMIES;_ "r9duced by GrOchen Stefan wfig moved for As.ad%Aon6 saodntlbd byTbomboffefd; To a Tbea% P!20.2wamoeft. The q~VAl Wvvsnoppllp�db"ind0f Ffty.AprN 4 t1b somft mat"Is fglhe Community DovoWpwd DoWtmenf, By 9A appikoft de"?ft Me apol"O'VAU prowwo. 2. Thoapp)k*nt will Ad&WWN Libras tadam 3. The apk6it vAH aiw'mardina*a ftire asoan with the 5w0pxW*n groups; the C .z* bw 0kon*nt' $taft and Planning apard nVmwt*m r Duly adoplad this le day of Mbrck 2.W8, by the foltevving voU, MRS. STEFFAN-AnO I QW the WVUW% fire ftWen. Ifs not aft*m*going th WW before We nod fflaghg bUf that's sdmWr1g 1W you tft need W worSprWe- AYIFA- Mr.Tram Mrs.Bruit Mr.Fdd,Mr.SW-Pc,Mra.8tWbN Mr 1:1un'slrjW NQES., NONE ABSENT- Mr.Slop MR.HUNSINGER-TWAk you. We'll-see you.nod month. MR.GVVEENEY-Thank YWw SITE PLAN No. 4,,ow SEAR TYPE UNLWW SMTr& JACWr= YMEELER AGENT(3) H=HINS BNQW-r=RING OWNER(S) SW W.RJ0fHE E)UGAN RPS] ZONINO WR-3A LOCA* TK)N VW STATE Alhft 9L APPUCAW PROPOSS$ CONSTRUCTION OF A 350 STARE FOOT QNVEWKY M SERVE EXISTING RESIDENCE AND GUEST-COTTAGM. SITE PLAN REVIEW AS A NA" STORMWATER PROJECT PER CRAP U7-12C 16 RWURED GUE.TO CEA LOCATION AND.SLOPES.IN EXCESS OF 15%. CROSS REFERENCE SP S-04,AV 55-M WARREN CO.PLANNING 2113/W APNCEADEC LQ CEA LOT SIZE 1-43 ACRES TAX MAP NO.239.1&1-27 SECTION CHAPTER 147�12 TOM WWHINS,REPRESENTING APPUCANT,PRESENT 23 pueensbury Planning Board MIMS) MR.HUNSINOER-Goorge,!(you could"milka N©tes,.Plfflse, MR. HILTON-fiurs, This is a Site Plan being praseMal to the Planning Board as it is a Major storrnwater project withirt.tflst Lake George basin,and k Ism driveway to amass an existing prope'tty. The plan indudo a storrrtwater basin a$part of the driveway demon. This applit.tron has Crean forwarded to VIMN Engindering for thak review and p mmenL VISION Enl#Agedng has pravided a Comment lr;w dales March 14,20% Orrd-that's rWy a qui* suffmaery of the ovule t, WM the main itam being atogon, sedint"writ.slabllization and store milder,anal that's all I have at this-Gt m MR.HUNSING85t-Okay. Thank you. ('hood dvenft. WFrenever you're rBat'fy. M.HUTCHINSda'bbd evening. Tcfri Hutch & tin hwe on bbbblf of Scott and dad& Whoelw, The Wfteelew are the otnchers of 3300 Stab+ i4tli o 9L. and they Wsh to cnrtwtruct a new ddmwW to tfte facrilty. I hope you've been tttel- I hope you've iogked at titre driveway.bemse it is diffict-ell at bazG JACKIE WHEELER MRS. WHEIELEFt`W.e have.td -po* an LocaW Loop and walk town bade yQu bill M your CM out. VV6 hM to park oft Loslshart Loop,~Is-prtsbably about a football Held and a half dawn, end VmIk doM+n, baziM If you tam years caz down, 0 blab=&L Take It up k bottoms ba 90 itt Wfty Math uhu0ble mouse it's so steep.and I hie taarragala"t r!r?ve, So ob rsly J want tltam fo gat 0 pod Jtx*of Mg-lay tithe lbnd bdbli the get wL MAS.STEFFAN-Andlbrihe record,you are.Jaddd Wf1WW MRS.WHEELEF*ft I am. MR.HUNSJhGGE 4hank'you. MR.HUTCH(N" vAiet" a proposed ifi. what I fetal Is t}1tt best drive.om weld eo" UP With, ufrder#ha site cfrcrlmStanQes The ptai�lt d' is�bo{rt faq long. it's gat an avenige Oracle of 2M end a hn sknuth grade *and when you drin dovmX eA lnpu seq is qlr. It'd scant. IiIfR.-TI�AVER-Before you Oat st8rted,ooukj.l just t�bk a grrestlotr� Be�ueawllerrwe{lid site Yes an Sasrday,ww wore start of rnNIr -amend#ft to find 4 with BPS and everyllikV else, end lbara is a,we thirst the plop"is,Mere Is a srtr ifl 40ding dow next.to,a very small building next to the:MW*0 kind of an open stet t,pnstruetton, 7fiat's nbt't' MRS.WHEELER-1%.that's thgryi�fow housa. Its the gray,if you go a Iirttle bit futil'rer. MR.T'F#AVER-l't would be to the soM.toward the vUb ? Arid Culotte? MRS.WHEELE"o. MR.TR,AVER-Thai other,way. MRS.WHI=ELE"c mm,Iteaded-wwaift Cleversdare. There's throe gray ba ldings. MR.TRAVER-Okay. All right. Utay. MRS.WHEELER-So ifs jtist she dy there after that. That's%ft.it Is quite a hail Own Loditd to;14 MR.TRAIL-lt is, An right. Th.wk you. MR.HUT'CFiINS-It's not plowed rtow obviously,thQre's a foot pqIh do"the ddyewsy. MR.TRAVER-Right. Thank yore. Sorry for the Interruption. MIS.HUTCHINS-that's okay. What we'rre bW We to come.upvAlh is a drlv,.eway.tliat's 140 filet long,Ian average grade of rare percent,and-a mwftum grade of 1.5%,wNch rviq still be what same would call a rather steep driveway,byt it works with the site. We 24 U (QueensburyPlanning Board 03/18M can MAIrMirl sight distefices,and it's manogqbre vAh the WaRing buildings. With that, I'd just as a=open it up to quasOns,and wolf do our OwL MR.HUNStNGER-Okay. Go ahead.Tw7' MRS.BRUNO-My Iflunedlam 4ueWon,I Mon ribad in the erVieftet,WW wa4,why ihe width? Ifs 20feet Wde,'which is a little excessive,I think m fbt ost driveways. MR.HLrMHINS.Well, Y,Sometimes k0ep in'rAifid,et e$her edge of this drivy 7s a steep stops,olray. So t would netiiu the auftof that to be less ttran 20 ieat Wg elected m r rgy the pfi8(t tote to l width df that,M freu of theta are going t happen,&W 0098 Qf paamlern is cot one melt s�bftedabpo_, So,ftft came down W it WWwff Maim to asphalt;particularly in-the sftWht sadbri dawn to 16 few Yes, Wa probably could. anwn WM cony;or PM top of that MOM W%Just beCause the ramillicagans of going off 'MRS.WHEELEWWO'll have four driven; Aty nWS 88,YOU bVW,3.WS 8 lkft_Mfy. bA you Anow I've_W!!Y 6vo kids silo rnyseff valh rhy car,so,send we stay-Wtvaftlin this Summer: TheWs going to be quite it jimv Cam thbre, and ffgw W be jWms when we'll be passing, go that's My we Wd otlhouaftt a w4*10 to 9 gWd W", MRS.BRUNO-Thmnkyqu, MR.TRAVER-1 W a ddymmy-Wastion,but it's about the old Qn6. Are you going to Pull' that up mW lot ff*sort of rdWm W rmro? MR H=HINS-Yes. Wal dci that Abov@;Vats"ft a-turn around dDvm by the gxW which .9)w F" p4r011y onafflibw ft a of We rider dojeway;L bUt bea"W the tuftiound and fte JtM of way,and even tip to the shoWder,yes,%Wff pull M out and redalin that and we pno*ly shoWd Jwm now-ftt MRS.VYHEELER-The culvert 741 be WWW 40,tM which Is a-good d4ig becejAso rww the eft9dWe njibo tod. It i*lly rm&-Iu be loo'W' id and e'ft­ts� '_ It ift It hPPn%ft prop. hasn't baW eroding one of ffie.hottest,under the homes and "=rytr taltefr care afln the last'l0rs. Si7,we've#lttt a fat of vi�orle ahead Of us.' MR. HUTCHINS-The other hem I would cammW Is we f4va received a permit from DOT The this work and I would enter a copy ftW the Akmrd,W I could dD err. MFL HUNSINGER-Old3y. Sure. MR.HUTCWNS-7be ohly V"I'd add an first is this penl*expires I&V 31, 108,am I presume the reason 1W he"done"is because DW dQnJ*ant us wo*wg Cff 91., durft the mininW,WhIch Makos sense. So we haft a Me bit of a tune dohoorn. VWd fift to be able to hit that,and Wre'pffl*wl to W -build this uW appmapprovalhhare; but Ff we miss May 31,them weft®likely bff uniffft a Lab to Day. W HUNSIN09A4Wd you hM an Opportunity to WaW Staff Wmftnts and the engineering commOnW MR.HLITCHINS-Yes.I have. MR.HUNSINGER-Do you have arty problem? MR.HU"rCHJN&4'Ve had on opportunity to review them. I receivecl Mom on F"y. MR.FIUNSINOE"loft Yes. 1414:10 mean fo kpply that you'd respondqd to lhern PK but did you have wV concerns or questionstbOul either? MR. HU`TCHINS-Would you Ike me to address all of them, or would you gfo after particular ones,I MR,HUNSINGER-1 was just asking in general. (Queensbury Planning Board M1808) MR.HU`rCH(N"- o,I think they're an manageable, MR-.HUNSIIVGF"Itay. I mean,some of the questions you've-already answered. MRS.STEFFAN4s this to convert this to a year round residence,or is A just summer? MRS. WHEELER-Not fight now. Maybe in ft future. We live in Florida end my husbarKI's business Is based in Florida,and retirement,you krmw,whatever, eventually Maybe,but it's not going to be whin this project. We won't dD thst riow. We Q30 afford it MR.SEGUUIQ-C ovid you take 0 moment And explain h6w the 9MMwatet manapnient VAII work? MR. HUTCHIN"um What we've dome is slopW ft driveway back kwant and VWM-00flectno all artyefty ninoff-VAM torati I Brition area,**, let n*s*back h 110, the area is Meet by a dralriage ditch, There's a DOT mtmrl Wftst in dead center d thek wopW. So we can't do a whole sot with that. Thaws Wo wavion arm Oft 13*Ktite OrFO 18 Mt,INKOM Of the depth In the m*area nearby,wit tM am dized such that we daA Mdkoh our rodueWft in peak ninoff faits zfV V6F6WW bg"d:On ft k0a,Boas, and obviously it Wy courts ON*WSW,.00 When we dool Vft-ft regulations, this was. dbs6w Mgm PMW4 an %e hm.a 100'bm Mack ta stommater. 86 that oat mwhatilos.W hArlds tknlpn'V tog .. -sW*.Qkt So fteff the way we've cpW tar do it,and wave a6wri9d ft ftm�ayso the aftft dtivewmyWo rocol"offnmw 6""Wt MR.SEGULJIC4 have tp adr(dt I went boft farthi$place and I wuWl find K omtly., Is ft#1110,shMW I CWI it ft k1fikrAddN the rook bold d0AW to the 1040.,rs 90 MUN,or Is that pttrposedalso? . MR.HMKIN&Ng.tha t's proposed MR.SEOUL.1110That's ppposed,as well as thagick OW tip toward OL Yqu have the two W"on basin& MR. HUTCHfNS-j have wo infilbWoh baWrL%a. I'm,we're WwWft a rock cried slops: dun. MR,8EGIJUIC-And Ifs$K*v M drain into this ro0c lined area. MO.HUTCHIN&RIght. MR.SEGUUIC-It OD".Lwiftnealh the driveway in a cul"M MR.HUTCHINS46� MR.$EGUU1C-Coffid.s back out iota-ft rack area. Mg.HUTCHW"i^ MR.GEGULJ1C4Uid then wbat happens Min*? MR.HUTCHINS-Thorn it dontinuos the current path that it canleg into the lake. MR.SEGULJIC-So yetfro collecting,b6muse that's the-water you*Wdrig. MR.HLITCHINS4hat's ITT,sea,DDT's pot,lfsa 28 i1ch culvert wmhv across,or 24. coming across 9L that'dWw( es biro a ditch,basically,that runs through the confer of this property There is pmw*. MR.SE43UUIC-So it's just a ditch nam You've going to put It.kft a culvert MR. HUTCHINS-Tb"ig pn%wtty a 28 inch concrete-culvert aW)os clur property that were going to repiam. MR.FORD-You're going to InMase 1he flow Into that culvert MR.HUTCHINS-No. Actually we're 9"to dec"se!he flow into that culvert,by war so little,bul it'll be.a reduction. 28 f M � (Queari ury Planning Ward Oafl 3/i?8) MR.8EGUWIG-But you are m©yurg tho wive 1,correct? MR; HUTCHW5-No, you're right, Into #.* second c0rt, that's going to tncraesse slightly,.you're right. We are replacing it.just about in place. It's going tQ be a little tut lonW on the,R'il extend a little d6ser tOm' ftl 9L. MR 8EGULJIC Okay, because it's exletlrg at.the middle of the d&svmy, now, if I'm looking at your dmMng. Mil.HUTCHINS-its.eidsting.it begins in about where the middle of the driveway Is. MR.BEGU W IC-Ffew rs diet culvert wod"now? MR, HUTCHINS Thee dulvert tri*mWes, first's, ft bigger than, -0 works wait: It't;a dotrtrgatad literal airlvett and Ira dett&rsted. It does fLMC&rl"f ftt htyger,I Relieve the contmia one at the road Is a an¢that'sa28, 01 it`s b: ,and ittturc2vvs veep. TherVa hQ ewidebeb'of washout: `Tha bbftffi of i%.deMdwat�and tb dbWiW wie d to do,we Head 10 extend that h lfttte bit longer toward the mad, MR,SEGULJIC4)k y. Naar wh"Is the system noW?Because all I sae is the future wasWArater. MR..HUTCNINS Thii,ftwre wastewater,w►e m idat d an area that we can replace a optic system.when the tune cQrrtes. MR.SEGUWIG-Ary whwe Joa tang pnaa? 1 only a ited,rre one MR. 1•{UTCHJNS-The PMOnt ones are, at the house. sees the two TMO, underground tanks? That's the.houss sV**e1S t. okay. MR.SEGUL.II"ope htttdlrig tarty?. . MR. HUTCHFN94qb I pr a It's a saepege pk, it's an old oastdence. ICa a seepage pn MRS.VVHEELEFt Yes,Ira veal W we have to ww*, Ny fix drat,toQ. Luca I said,we've got a lot Of vwsrit ahead of us. MR,SEGUL.IIC4ft not lk that as part of this"et? MR. HUTCHINSWell, beeme "Ire VMS to build a drivefty so we can gel reasonable a0cess dowrlid this property. s Why. MR. SEGIMLAC-Because thls one stay wgpd fParne house, that's prat of this property 00? MR.HUTCHINS-Yes,that is a separate houf. MR,SEGULJIC_SQ it's a sleperate housd. SQ there's Ovo.Rouses. MR. HUTCHINS-dt's part it's on the OM property It`s a separate, QbviousTy it's a sepain O building. MR. SEGULOC-So if there's only two houses, what arty the odds yedre doing to have two cais leaving at once? MRS.WHEELER-Then all pa*there. MR.SEGULJIC-1 mean,I'm a little befuddled why you need a 20 foot wide driveway, MRS.'WHEE._ER=Ybu're going tc have evoerybody parking In that Qns perking area by age the gar that are going to 1108 to get back and forth,be able to turn altiund and pet bade and forth. You may have somebody parked on the side-to gQ tp that one entrance there. So you're going to hVM 10 have a car be ab(d to get back byit That house is part of our property. So yok,'re going to have a house hm end 41 bouse here. If you have a car parked here,youVe g6l to ham a car to be able to get around to the other house. MR.HUTCHINS41rs.-essentially a guesthouse. 2. (QueerW)u1YP18mbg8bsrd OW18W) MRS.STEWAN-is that's rental prop"r MRS.WHERER-No. MR.HUTCHJN"O� MR$.WHEELER-N&unless I have a(lost words)or somethiq. MR.HUTCHINS-Th6y%twit mside"ON. They're 6n the a%Oam9l. k(R-SEGUUIC-It just will seems tDbeexoa"ve IWs$lust going t6se%y'o1iFVwithin a CEA,and the goal is to minimize finpactg,woo 2OjbWWjdOdA)"W dim seemto be ft9fifmi2ing. MR.HUTCHIN"163y,bUt".In mind,this is ad SWV dtiveway.end lheWa a bend et the top offLawy. 14 and it$$411 966p. TIM MrWn TOM MM is puWtq 16%. MR.SECIUL.JlrAhd this is the bm v&y to do tft ddVeWW MR.HUTCHW84n my 00idn rs the bftt one wqW aDm sup mft that zga.Wrag t*jr neft%yw. MR.9EGUU(C.-Let's-bak at it ftfh the 1OW,$pOj;pk@m j4 a dTq h"*jvOwey fMM the CEA Pospadve? MR.HUTOi1NS-W-ajL w*na mang"Worm WaW for the en"area,d which none td MW is being MM189W. T you.bok at ft d4voway now, to film"� ' em" going to heave to do I$dean=dirtand sad off k1hefs rowtumming dow a 30% Slope 01 IhW.4 a We W In this will hem'Vm yar nin deem nqW.-YM its beW fo r M W%e Ja Par gBOMOM The entire P Md area Is at least rea" some farm at stOr"NOW treMarg O%Ws presently it's`eWmmq n0hor., MR.$ErAJUIC-Arid also, I M86n-YWrQ 001nQ to h8vi IV W149m A lot of Vw for#0% I assure, MRS.wHEELEFI-That's wtw f"Old got L, t0 mwftn 4. We load at it to try to take the Wk amount of knob% bOOLmO m1flY e9 is VAI)F that We big oak Rmwnber when we b*%d at R? MA.HUTCHINS-Right MRS:WHEELER use N ft vw&X out haM we were 16okWig at before:goingfUrthor no an the property dnd comingdorm, do ,vieswbulO have had to W -OA w a bunch6f.tR*a. 40"a'YOU hm.we'to to Vft not to do that,and 0"jo too" uch vagpb"on the properly as poigible. I llvdeti&'lake rft Florida. 1 GlomWM81847rApid No lake. I klowvdWiraMutoOmena pond irmWdotaisles. Ives seers wftmhqVWs with ruPW and Whol p000s Ime OzVhftj ice 8rtd I go to jakg boara memri p I krift *M'$Doing on. That's my concem.100, I mein, I-Oke George is a V"ebus lake, I wanI 6 kmp A WxxL Thom aWdc Wft,Ike you 9W.Omitualry fibed to mm out. We need to be Oslo get the people down there lo work. WO need to help dean up the PrOerty,too,but le't 4011D to take fiMft and thee: MR. HUTCHINS-And pail of the logie is td,S the two 1090 dWO YOUTO SELOft, that are actually in right of way. We had a version where this,the ddvmW W%w Nmw to the, doper to that Maki house,jokoy,to 00 west,and there's two forgo oaM elm that they wanted to save;eW ftVs pan of-tha logic fort .his jocallon. MR.SEOUL&C-13tit howmany trees are you Ong to take down within ttjiq dave"y2 MR. HUTCHINS-1 haven't counted them. Them are hw or three very large trees, and them are a siff0carit number of smaller frees. I meo, ir-s a w.00dkW area. if you're interested, here's-a-shot looking at the path. This iW is loqWg at the path of the drivoway. MR. SEGULJIC-And what Is this whole 1111 arch going to be, tes goirig to be the,granular fill soil? 28 (QueensburyPlanhinqEkoard OW1108) MR. HUTCFDNSA lot of It will bal rock The lower material will be mck, and then PrcQrG$SkOy Use smaller mataftf,and then 0 gravel sub base and an asphalt. MR.SEGULAC-1 just think yQu can 0 beep. MR.HUTCHINS-Haw wbuid you make It better,Tom,mom it smalleO MR.$1FOW IC-Make)t sffieller. MR.HUtCHINSAAd h6w does that make It bqtwr� MR.StOUL11C4 would think-the6retically,roduee the impact MR. HUTCHIN84f. I'm fticbmWj 14m calcarfM about this upW section ftm. ft width of It. If this wkIlh isn't ttwe,then irs going V be a pmblem:and somebody may Wd up off either We. If we nafra" .the asph*,vmuld th9t make ycM I Mean, we thought abut hwbV a 16 W run of asphaft on the 20 fbat slope and having a tea tootOVM shoulder. The problem vft 910t to the g4vdgrodas,.and ban jba�m got more maintenance with MR sWulder than you would if y.=' had asphalt oVer thew idth of it. MR&BRUN04 would think w h a X fW ddvWmy you wo' ukM nMd that turnaround. MR.WrCHM-You moon take It rw grew to the garaw mRa BRUNQ-Sum MR.HLTrCPPN84md then back-UP-? MRS.WHEELF-R-What if we haw lour cars pvrlW though? MR.HUTCHINS-Now yjqy;M turd around becam.*tre corning III fpn the side,but W YOU Wets =09~ 1h, yoVd be hdading right straight fbr ft garage and you MWO have j!UnWQund. MR.H.UNSINGER-Any offier cammepts frorry Bow members? M13.FQRD4m=cerrpd V�Ihr the width,Vw wkXj of the4dm MR.HUTCH INS-The wkkh Of thepsoaft? MR.HUW$]INGER-Whereymuld you augoest Own the di*my be nonbweo MR.HUTCHIN"s could naribw it along d*$b*k Section. I would pro0b.so to take It out of the area t"rd QL You sffl nOO to be aWO to got MuOd ftro,and ytlu could still Weft by, MR; MR13-1 Can SW the turning radILIG and nialiVaInOg that, buff ahob you hit that straight away,I think ft couV W narrovied down, MR&WHEELER-The only probWn with the straight a%W iftem,0941n.Is 16 front Of the OuOW0066. AS long at VM haVe a Cat Parkad-and we to get Brio w W by It or we have campav or whatever,that I have no problems with that,but we have to be able 10 Cetsdn*baOy vA ff swmb&p/s parked ft". MR.HUNGINGER4 mean 1.6 foot drNewiM 9 there's a iMr parkaid,you CNN if they don't lake up more than eight feet. MR. HUTCHINS-Ye-%va can We vdh that on Me straight shot On the turn I'd like to keep it there. We t6uld live with 16 on the anigIm MR.HUNSINGER-Okay. FORS.BRUNO-Yes bagbusfq now youte talking about cars b4ing parkad along the side of a driveway,and we were W talking about you know,the number of cars doom at the bottom,Chars why ybu needed the tum&wnd, MRS.WHEELS-948 a big plat*of pmperty. You've got a realize there's three houseer, ftWs tm houses and there's a shad house hooked to it. So, f moon,you've got.you know,a 101 of. 29 ' r A a � (Queensbury Rlanning-Bb8rd M080) MR.HUTOHINO-And ills going to get a lot of use during certain periods of the year. MRS. WHEELER-Yes. During the summer, rm going to have,I've got sec brothers and sisters that lime up here,and,you know,there going to be over. MR.HUNSWGE9 S everyone Comfortable with that? MR.FORD-NarroWng the straight of way? MIS.HUNSINGER-Yes. MR.SEGUWIIC.I think they can make the straight away nalm War because trey have a parking field drawn by the garage That ghos them a Charm roger by. MR. HUTCHINS-Yes.. 7f owe fakt the hoes ttlat seem reasotiaMa to you if we take the asphalt%id1th to fQ on the straight of way? MR.SEG lL IjQ4 Zell,t was thinking you oculd 4m go narrower an the straight of MR. NUTCHIN S--Ybv,but the iamblern Wilk ftrat Is too on Carft pags,ON somebody's etdlar baddrawo SL or lebtcing bade doiwnbward alto garage: MR.SE6ULJIC WaU,vWw we you donor n MR.HUTCHINS N60 Wdl t've explained v hat you db rom It's Mwit WhWh is why we're trying to WDe up► Kh ft hesL MRS.WKEL.Em-The ddveRmy now tg not psabie. -Certairi cars, can't,lace I Said,I park on Lockhart L wp and walk doom there;etfterwhm you're l domed out of to car. pith er way.ggbV up or 9ft"down. MR'.HUTCHIN84t'S very difficult to gp Win the rairk; Let alone6 forget winner. You hive to goose it and, MRS.WHEELER-It scraps the bottom of your cal. It maps going d"M. MR. FORD-Between the lull Wmirfg radlif you CM trot 117at down to 16 baWeao ftse two,can you riot? MR.HIlTCHINS-Yale. Were pMy with that lkre you oPmy w&i OW MRS. 11VHEtUR-I'm okay Wth t6,as bng a$we can Oct ctits 4, and Wep thAt one turning areal 20,if ix%okey. MRS.RRUNO-1 doM W&wr, milts.Vfteler, if you trad Won a dww to read to Staff comment or look anything up ki the Code. I just v4ni ffi-point out;I moor we lied tallied about tumhV this frsri,poWr i1a1Iy to the future,y eor round use,rather their just 98880rkrl. As you fix your dithers*and their perhaps have e.ballet dbliigr to OW it m the vA(W, and then perhaps use the houses dtirrtrrg to thrre.There is.Jha SeWon in w CqM than says►sally it's in remmodri§Ptip to your sewer sy$tertr. 1 understand that yrbtrie kooairrg to upgrade that,but before It would turn into a*easoml Qr year mend ties,that would have td be done, and yotxld have-to Do t MIVh 8 7ytpa 11 Site plan; Mich tohight 1e drily art Unlisted. r$o Just keep the.In mind before you start you blow,usft that ye4w round. MR.HUTCHINS-ArW they're aware of that;and that would be Irlggererd arf the bubding prods. These buldings are uninSuieoed. Tilers unheated. lb&Ws no central syrsterrms. To upgrade them Is a sigriftant pialjed to tte'bulkdings,and#W would come up and VW trine,and they're aftro of that. MRS..BRUNCI-Right Absolutely I was AN eduoft Mrs. Wheeler In lase It hadn't come rap. It's a furtherenviranmerltal type review like what we're doing right now,talft about the lake:and yaw meter and that type of thing. MRS.WHEELER Yes,that's f-rn% and I,quite frankly, I WPuW want that,because I doer t want that seeping into the lake two anyway because it's not good for me. MRS. BRUNO-It sounds eke you've got a ways to go, though, ii.iN houses aren't insulated yet. 30 r (Queen.g6ury Planning Board 031181Q8) MRS.WHEELS-RrYes.- It's a camp. MR.HUN81NOER-OIW We do have a public bring scheduled this evening. Is theme anyone in the audience that wanted to address the Board on this application? Sir,you could be first I should ask that anyone who vrisfhes to eddraft the aoarad on ft application,that}you MM your name for the record. We do tie the tneetinoA and take literally transcripts. I would ask that you address any comments or questions to Me Board, PUBLIC HEARING OPENell J1Mi TOBIN MR,TOBIN-Good evening. MR.HUNS114GER-G-ood evening. MR. TbBIN44y name is Jim Tobin,and I live at 15 Darlt Bey'L-apo, which is loco tots away from this parcel. I'm quite-farmilar with the parcel,and I can aea-why-yori dtdtl't see it because It's aW basan quite a ways. Tun here not, I don't have an issue Wih vtba's Presented tcolght vhM the drihwm3y, but flh8 5DW did bft up some g6wd subjaM T didn't Mink about bell m. The lot c0rrerhtly I.s,a 11084W teed 1610 and It PMbahly is 0M' word)growth,and Most of due grbwb to p bly.76 to 406 yedro eft,.surd yntr aym hardfysee ft house,00 i d tihlnk aWV%r�would.g�N on,.#-"parWI bemuse irstoo Shaded..*is+sw ft"is that ft I rd to being seked 10 Ij0M s Crarsas ft the IaAdrhoalPlr!9 ohifrrattce; Ond I'rrr�slttng the brit to 3:erlsfdAr the lac#ti t+rdhe.R this dr y is Wu in;bxwkw tha Iqt la ga namw rM*dd%Iooiv hhftl tlte,plan,ft lothks liked swam of veyetstlah Hpftipudnrateyr 7©iW by about='*%whigfh lsr ilia ten of the drivewag�, Is to be MBrtiQVdid, hand I see he ipladerrhtirit of tile ►etorr th;3t skier . Also; the fad OW tba drift pR the l6kWdrr ie belrhg Held ill.lila4 6Y a rlprap.sir* d1rudlure. it Ts Agping. ks a h s A slips I ask.ft SPard'Iq errkotda IN aturrertt landsimping ordinances apd pgW.bly put track some,of the basest" am rimWed.AN some attt #C 's pondyea btuSe fiery you dries alcutig ;ell ffhat area oil both side$o thr:.rt l'ie chimer*Iavily fpr+sstetT, @rid unhp�r You take at h tFa k tartfa swath on a very -af Iow'lot, it bacci red vary, vary tiimlbfe. -so the vi e importanm of�thlg.lot,,I.think tW Board cvpsTder it serioristy. Thor are earns skrrple nok tt rw to the wall that 1 talked stout ROOW than,havb�;9 htiralght;vvlall; it terta could be eed who.feplar tng could be irhOW,and I ftgoM the Board&rfome the fact that vie-put in mstural v'eptat W rasher-start sorna hybrid vognWon whkcfh may of rnity not prow there. ThWs all I how to fir. TfMf*yOV. MR,HUNSIN ER-Thank you. Arlan"? Yes. Good evening. CHRIS NAV'ITSKY MR, Nffi/1( -006d evening. Chds, Navlift,!be Lake diE Ma Water beeper. I apologize I came in a Itft late ftm another m"q&but I ba ve tie rationalei for the project was t&Vmide a iaW ddvwdy vui&additiolhal roft for marmve6 tli[y,Addv& can understand drat o'onoeprr by the eApgoant. We hina a couple of queWans irn0 some recommendations or tirorigthts, posaTbly,for the"qn. In general ohrr office db a rat support the sacrifice of our stream wr6dars. Reogy,#W's art Inla trrktent Fn..It Can be refarrdld to as a drainage ditch, but ft On Wftr&dWd S#Wtn. The proposal .foul remove to entire buffer between 9L.and."0044 aV-Iw t.bij&.00 r. ar)d OW6 the eul+i A IS few uplyadfent tl rds 9L,and aM TM The Siam wide dprap at the WE and outlets A couple of thoWhIs would be,grad I think the Flood vas an this raagaamg the width of the drlvewll Ifwe reduce the width of the driven",we can reduce'tlhe vrsith of the culvert,and effminate all the encbssure, or sonle of the wyclosures. Wo also, we realize that ttlfere's an adsting culvert. I Mk Toth Waned to ItO it MY or nay trmt be in good condfllan. Maybe some decay. -ft vi m ww0gMg.if they had oaLn"red prJ flu of a b le.0 culvert for that mphwemerA piotrtorta iniiitralhon. TCs a ditult silt& WVv*to the Mm'wmW basin,obviously there gging to gb to that low area. That's where the strem is: I dd not mm. I took a look,and I do not knchwi if they could plush the stormwrater a Ilttle hit.away from the stream. Nn n6t really sere,to bha hoNst. I don't know N that's feasible. We also vhrondered:rf they Wnaittsred porous pavecruarht to reduce the amount of runoff. Also,you know,I drd riot gq dgavn.on the property from 9L looking down towards the culvert. I.rrrean, that's a well defined;tn7 Channel with tree roots and some existing Impe boulders. I do have a photo of that,but I don't know.ifwe Could try to maintain that instead of lirdrrg it wO 0prap,which is horrible for ttha lake,afnd the 31 {laueensbury planning t3oard 0311" discharge. I overhead a comment about sedimentation doWft the fake. I do not Imow if thane bm the cNnnel Qr frclm poWbly the deidng.and traction that they, tto sand they put on G L. Another thougtif is they're going to have ra 10 loot bank theM Iin&i with rlprap. I do not )CrW if they Could LISS same erasion cerrtrol marling. The gentleman Just roferr'ed to repian4n�some vegetation on that steep one on we slops bank, maybe, instead bf ripMp, wNch I think fs iealJy irrvemous Am Iaads to more runcaff. 'We could put erosion matting or gross sew or a rneeilovrr tyfre of mix an that hillside,and tlti3 last question I had was about,you know,tprhlnt the stoiftNater into ibbi basin. About fmffway down the dr"way, the stormWaterg got to make an alroust 90 degree turn into that longer, thirtrr f#asinm jW vuonyteri how that will be accomplished: frappeara tb be a retaining Walf,and I dW`t ktrbtn►fi e':going tp be a We speed bump or sorrtr#thkng inthere,bat ju$t an GNifterifig quddbn. That's all. MR.Htlf SINGER-Tharik you. MR.NAVIT-SKY-Thanks. MR. HUNSINWRAnyone else?'(Dby. I Wl leave 9*prlbflc hodIV noon for-ndw. 'I guess there are at least a,cools,of deqfgn cortslderetinrrs that,w" meritlarred and oflt±red. I don't know if yolk have any ffrolrghts a bommdnts ors ariy of1h&#. MR. €il1TCEUNS-YoL On.the#its't c2Izmenmr,to ire:ECNf V,we hallo Ioo.W at thls, arrd that l imn a primary focus%U)minr`t m how mtvh cWng vM have to dv and I would pow Me that the maWty of to Area fim the-toe of 0%sh"mWre Otpftiig, our cut I'nne,doWn to,bastcaio tq the%kejs wwl ,aid"Won a mart pja6oslrtg MW culling Ih that arid. The area to The a0st of WWO we're dating this d&away is waft v�noQdel, and we're ni t propGsirr drrythirrA in themttte VM hWsa fs wall Wooded, and We're not prciposirtg�: This Oft 1s gtlita ,$erpOnW fMtO ft. lake, Werra tfie Awo b4i 005 .at tf ra road, I mean.yes,'I could 09den the driveway, We eo'Wd a II .0 bit f Ow Welt and Wd lose OftA l mom thWm trery(alp oa .probably 24,30 ind- m- ThgN we a aodple of fdrgs'4*"in the area of the lower stommalor area. l need ib hatle a clog to 4bal WM,stmnn der,and it c bn:t be A thin 1015 it cmn't ba QomMI,because-OW'8't lion lbotfrom the 106. MR, 61=-GUWItS But N yaw werva to.not to;make the driveway fla> r and use pornws. parent,yourstommater ob*61s would h1avalb be a Iht fees:below of a cgrtoem. MR.HUTCHlNS4)takFng it nama4ver,vMVO alrtrady argrond to rmkfng It namranrcar. MR.SEGU4110 But you could also make it narroW aka The whole bovet porter of tfte (Iriveway. MR.HUTCHIN84:rom bend to bend. MR. 68GULIIC-Frbrn whefe you turn in to ttte thrnarnund area. You could mint IZ6 that. MR.HUTCH1NS-We've agreed to gb to 60 fast them MR.SEGUUIC-I'm saying you can go smaller.. kf you did that and you NO pow%then ybu could possibly kw4 mrs trees two,and yob,d reduce your smrlta4aw. MR. HUTCHIIIJS-YoVre still goifig to have to build the area. Yottre Oding to have to place III in the area to conaruct ft ddvrsvM. MR,SEGULdIC-Lase fril tholrgh. MR, HUTCHINS-Less fill, sligt* less, perhaps. I'm uncm*rtable going with a real riarmw davow ay dum this thing. It's AV gbhlg th be a steep day. MR.SEGLIWINE-vet)the Straight travel-portiori,you still need it to be to wide? MR.riUTCHiNS-We can take it down t©1 H in that eras,and wove agreed to do that. As far as porous pavement,I'm not convinced that porous pavement is going to provide the benefit,any signific aht benefit I've seen it go down in one Intslance. 1 have not used it, and we're not willing to cpmmk to that on this particular appkation. MR.SEGUUIC-Well maybe you could look at that for us. 32 • A r (aueensturry Planning Board 0C 1108) MR. NUTCHIN.S-I've looped ,at it; and I can tun It by my client and see if th" interested in going them,but p driveyray like this,it's dot aP.p prWe 0 a driveway qke this,in my opinion. MR.SEGUUIC Md why would that be? MR.HUTCHINS-Because In my opinion n's.not the material for.,wa don't know how long it's going to hold up. A drlveway like this, If any Lon ft In the winter, it's going to hays to be sanded. It's going to have to be sanOed. MR.SEGUUIC-No one would be using it in*e wintertime. MR. HUTCHw -Wel4 if sommnre goes dowry fte in tho r to Check.on the plats lragoingto KV910 be sanded. Ifyod Use[tin SepteMber,it nW. MR.SEGULJIt;is thie Mad Olomd now in Me Writer? Is this day plmoc? MR.HUTCHIN&Nd,it'ssibspreSaritly. MR.SEQUILW"awhyiwnuld rtbe MR HUTCHINS-They nWchaose.to have soniob*dum*.nn the piaoe. MR.BEGULAC-fCS only Seasnrial now,sh why"aM doW@ning a year mend dd~ MR.HUTCHIN84rs 9"6ohal n4w. MR:SEGULIIC-So why are we designing a year sound dr~ MR. HIRCHiNS-WOO WE 0"ignft a year rou.hd'dry We're desgning a safe drivd+n►ay Iltai they conaccess theprgperty In aramble manly . MIx.�EGUL.IIOrli WI. my auasgort 10 you look at a design,.I think you Can do better Ybul e 0 it and you Itsok.st usi ft pbnxz jawmvit,reduerng the$Izef of the dWswray, inr,neaaing the veg torn; c 'rse in p CEP1. You wants tb#W best ytxroan, I'rri not geeing ft-here fln s"irrg ft maon whyyou waist a 2UfkmAwk!e drfvmW is(hat so Wm cars cap pass each other. MA'.HUTCHI o,we want tO havb 4120 fbot wide drM wrmy so that vahides can sfely aeoe a In and oid of his property,this very steep drlvew,ay. Gkpy. MR.SEtal U[C but rimer Ter,we`M lust talking but the straight ttevel portion,riot the turn portion. Mid.HLITCHIMS-AA right MR.,8eGUUI"o I think they ton db better. MR. HUNSINGEA-Did yW have any thoughts uh the Oafti teht on ho*ho at a tiftral vegetation on the riprep? MR.HUTCHINSOrt that,yes.' I don!.have a prQbWM with Wang to naturaTrze that a litge bit mare. If an andred Culvertis pr eWfed to a used exidult Pm okay with that: MP,HUNSINGER-OW. MRS.ERUNO-I think he Was 81$0 referFrng,though,to 09 Slops}that Was holding up the driveway,rotjust the retention barn. . MR. HUTCHINS-Ism not Odruforble designing a vegetative one on one slope,if that's yaw question,without ark hard material at all- 'Maybe Cft would-design it. I'm riot comfortable deaigning#tat. MR.SEGUUIO-ff you marrow the driveway,the slope wouldn't be as-steep. MR_HUTCHIN$-WQjj,It depends. If you. MR.SEGULIIOABut you sae my point? There's other thugs to do here. 33 Y • !i • Y ' Weensbury Platlning Board 0&1" MR. HUTCHINS-Yes, but ygU're gairtg to gain incredibly lithe with narrowing the datvaiway,in tam*of this kolprini. MRS.WHEI=LIAR-Would still cars be able to get by? I mean,Ymuld we have to tack up, them? Like if we had bne czar pass and another car pass Qost words)wlli another car have to back up,and what's the risk of them going off the edge? MR.HU7`CHINS-Weil,the narrower we make it,to rrtore ttre risk is? MRS.WHEELr=14 -Faveyou been out to Vm propa.q oV yed MR.SLGUL jIO_I boWd ffra`fL 1 befievb7 Ivisaw vjhere it is. I think I was at the natgtlboft Place,but I know the area you're spooft of. MRS.WHEELER-It would be good if you could just go. All I'm osWq is ffar spmethfrq l&i be seta,sir MR.6ECatlU1 -turd I can under nd that All ft wing is lbr)i to take anollier k)ak at it I'm just.saying you gap dv better. MRS.WHEELi R_A11 I want the MInI rum amount of footage than 1A>ie can pates two cars safertC Wherry some x*&011n't have to be&tap aril go.off that edge. That's the only thing IWasishtg for. MR.SEGUUIC- tt just aWKlno you to Iq*of porous pmmera,mdat_i ing"width of the driveway,ktcreastng your vagetatim MRS.WHEELER-4 don't ham aproblorn Mitt hxftMft tha►agetation. That's greaL I mean,you know.whatever we can do to make evorybodY happy. MR. SEQU"C-mouse WW in mind#4 is vn�x a ssasorW We d*vm-y. It's not a yeerround drlw;R W. MRS. WHEEL ak-Yesr, I know, but what if sameday we decide to move up here and retire? MR,SEGUI-11 Thaaan you tools at it an tha2tpoinl, MRS.WHIEELIEF1411 right than we're$ping,to throw goad money a ker bpol i just wont to do it right the first time. MR.HUTCHINS As far as planting,we're agreeable to working plarrbipgs.6n the skies of die drivftay as it's faaWcL I can't strgpW anything bacauad fm rrot stare what-wbuld grow there,and I'd'hwe'b,Waa'd agree tat work some planOngs WwV the*W to try to break it up a Ottle bfL As tar as pnriousr pavamei•at, at this Oo K, we're nbt willing ha commit to that MRS,STEFFAN-Wed,if k's as wooded;as,if its wooded there are a,-lot of plaanUM:t that vmftl survive,if ifs Shade, I mean,y6U cant dvgn put dayff fe& MR.HUTCHINS Os Very weeded. MR SEGLIUIC-Wall,ferns m'il grow then§,and daylifts Will grow-there. MRS.S TEFFAN-Daytilks need a littlt;more suri. I rnaM they can't viva in total shade. MR. HUTr HINS-This is fwking a uth toward the main house. This Is looking abmn along the line of the driveway,and the take vr!outid bta doyen here. MR. HUNSINGER-Well, whafs the will of#* Board? Do rhemrs join With Tom's feeling that they want to see more Information? MR. FORDO can see where, what Tom's concerns are. I would like to see more vegetation, artd 'that has been agreed to, My major concern was the wJdth of that straightavmy. They've agreed to nary aWing it to 1$feet, With those moddeations. I can concur with% MR.HUNSiNGER-Stove? 34 (Queentbdtry Planning Roars! g3/1W8) MR.TRAV914-Yes. I tirfr9k.the applicant betas willing to reduce the straight portion of the driveway I think'rs a good t tiom 1 can uddeMtgnd the concern about Me area, especially haoV been out ihete and seeing how Steep That slope hL I can understand the need for the wider area at the top. I appreciete that they're ptthmptmg to leeve those trees. MR'.HUNSINOER-Tanya;did you have any comments? MR&BRUNO-Not at the Moment;ttlenks. MRS. STEt~FAN-So we've got drWaway width raducod to 16 , and then revised designio include or incogJorate vegetrttion Into the dprap area. MR.TRAVl r And thb tukrert to 0o to art op6h Wd,or a buttolftless. MR,HUNSINGER-Or a bottomless culvert. MR.FORD-How didyou rdfer to thad MR.HUTCHIN84 Called it an brehed culvert MR.FORD-It 9 an arch; MIS.SEGUL:JIC,I wtaUtd Say we should Say revW*rd/dt hg ft of the ddv&AW,to say 16 fit,bepuse mayte they parr do better. As well OF I think#W stptgd ufJog Imo$W"fft- MSybe VW71 deterWho Ws tlQt godd for It,but at left#*shodd Igrvk>3t 1t.. MR.HUNS1140ER-Orgy. MR.FORD-The phpbfeM with th;K Tern,the WorthIM,re Iudnq,kaol ft at reducing could Vt reduce,to ig or 16 feeta ve got them aomrnidecL oh the strai~y, th 16,and thaft delinlfe,sWft MR.SEiat1 W ICrt3yat yatm designbVthe pvjod,by tyre lnaty, eaucft fi to 16. MR'.FORD-To what►ie want. MR.HUNSIN(WR-Ohey, rya ydu h$vo a Mfiort rAadyt The date's tree qur< Qa. MR.HUXHlN64 Just war''it th add,was am-for what die worth,we arse tryinn tG cofiplele this work this stag=hehire'May 31 r our DOT permit exp res. Obviously,we need an apprartaf from this Rd"tar do ft and'if ari}i df the adr)istm iere'rYg vMing to make can facilitate tttat,►rae'd obvidu*like ftrat. MR. FORD-Oft other questkrn 1 have, could you reiterate the anlowd 0 fill you antle"te bringing on siW MR.HMHINR-1 don't kkow that 11we calculated h. Lucas,do you rernernbW I`m sorry, My engineeft hWe*0 Mo. I don't W w that I've cokulated 1W.- MR.HUNSINGER Il, I guess thaf w)ufd be another Westign. I mean,we don't need to answer that dirt this second. MR.HUTCHWS-Iftirougt"15W-CUbicyarft MR.FORD-1500 cubic yatds? MR.HUTCHINS-Yts. MIS.HUNSINGER-0kay. MR.FORD-Could you Show Lis err this picift where mthe design fihat this is? MR.SE{3UL I]C48 this the streams,the irrtermiMnt siteem? Mai. HUTCHINS-This is the, yes, The DOT culvert conies out rigta up here. Yours Jooldng,where you're looking at here is,ft..standing orr the rear end 1poking sign-tlrere. 35 7 • .F (Q'ueensbury Plahribg card I}Waft) MR.:SEGULJIC-6o right now this is all an open strimm. MR. HUTIrH1NS-AIgltt now,here's where the culverts are, ofmy. The eurrehl cuflrert is from hers to here,okay,to rroke this work MR.SEGUI-J10-1 quess,why do you Have to put all this rlpmp[A here? MR. HUTCHINS-I don't have to put it there. I put ft dht re to minirrrize erosion. This is Higher,this fa much higher. MR:HUNSINGER-Okay. We have a Maol#jw ready. Yes,rne"aM. AUDIENCE MEMBER-Maybe ft's not apptopriate for me to c}myrierrt, but Ws rrfy farttily that sold the VMeelgrs the.pmp&W.gnd I.know how mesh they care about it. I knoar every Inch of it. No Oved there for 55 year.%and I know fhWre grsfig td ADa good job on this prq as MIS. BAUNO-Do+the haue a public c4rl Ment this eWgAIVI Bee&"Nd Glee fo got her on record r We do. MR.HUNSINOER-It's still open,wall,I min,I ended the publip c 7mment MR8.$TEI W4p rd your.naive Teas,M.Yam? AUDIENCE MERk)jFR-(I,W*trds). MRS.STEFFANI Okoy. 11 maka�Itnpow. M . byomwwrswbawhdMovWfbr.fts-adqp#on.6attindet[byftphenTrwidr Tablfld to the second Plari ft Board meWng on Agd , WbYe gciing to add K asran Mm itelrl that eveniryg. Thwe*0 tie art applicatitm deadline for aubmteala n of materials of Mare h 2ir. It's fabliad so th0ft ep;Wkw t care 1) radwa the 0*e► W vAdth, 2) address MOON EngFneeaFng.cpm . 3) pMVIde a M*eq daslgrr to include or lnWpoM vet Won UM the *6116 4) also incorporate an g'rc iaAj rt. Duly adopted this le day of March, 2008, by the following vote AYES: Mrs,Bruno,Mr.Seguilic,Mr.Ford;Mr.Traver,Mrs.13 r,.Mr.HuWriger NOES: NONE ABSENT. Mr.Sipp MR.HU'TCHINS-Theak yrn . MR.FQRD-CWd I just put an addendum on.thlo? Not to the motion,but Me rune thing that, during our disbussibrl, I was cOnvinead of, the amount of tlafMe, the number off people. I'm hopeful that there M11-be some Wdressrrg of"sic system an this Me.b7 ft very neer-ftmrrm MR.HUTMVNS-They are.aware of that,and I will turtherthat dWagskh. MR.FORD-80 are". SITE PLAN 5-2DW SEGR. TYPE II IkAMD & LOIS ARAEBJAN MENTCS) HUiC1-IM ENGINEERING OWNER TROUT PAVILION, INN. 'ZONINO WR-1A LO.CATI101V 14 TROUT PAML113N ROAD APPIJCAN`P P ROROSM DEMOLITION OF EXISTING CABINS AND CONSTRUCTION OF A NEW RE91DENCE, GARA E. QRNEWAY, WASTEWATER SYSTEM' AND ST©RMWATER MANAPgMENT CONTROLS. SITE PLAN REVIEW AS A MAJOR STORMWt1ATER'PROJECT PER CHAP. 147 IS REQUIRED DUE TO USTURBANCE. WrMIN A CEO. CROSS REFERENCE: BP CM25,07 4,l "2 WARREN CO.PLANNING-01300 36 EXHIBIT 66I1" (Queensbury Planning Board 04122/08) QUEENSBURY PLANNING BOARD MEETING SECOND REGULAR MEETING APRIL 22,2008 INDEX Subdivision No.11-1991 Gregg Brown 1. MODIFICATION Tax Map No.239.7-1-6,7 Site Plan No. 14-2007 Redbud Development 12. Tax Map No.239.7-1-7 Subdivision No.12-2007 Christine Germaine 29. PRELIMINARY STAGE Tax Map No.301.18.2-34 FINAL STAGE Subdivision No.13-2007 John Fedorowicz 37. PRELIMINARY STAGE Tax Map No.265-1-19.11 She Plan No.4-2008 Scott&Jadde Wheeler 43. Tax Map No.239.18-1-27 Site Plan No,12-2D08 Matthew Emmens 50. Tax Map No.239.15-1-19 Spedal Use Permit No.14-2008 J&D Marina 59. Tax Map No.240.5-1-31.23 THESE ARE NOT OFFICIALLY ADOPTED MINUTES AND ARE SUBJECT TO BOARD AND STAFF REVISIONS. REVISIONS WILL APPEAR ON THE FOLLOWING MONTHS MINUTES (IF ANY) AND WILL STATE SUCH APPROVAL OF SAID MINUTES. 0 (Queensbury Planning Board 04/22MM. This is tabled to the June 17a'Planning Board meeting,with an application deadline of May le. So that the applicant can address the Staff comments and also address the VISION Engineering comments,so that the Planning Board can weigh and consider the application based on valid criteria. Duly adopted this 22nd day of April, 2009, by the following vote. MR.FORDO am feeling uncomfortable voting of this,as I would any proposal,where the threat of litigation has been proposed if we do not vote the way you want us to,Jon. MR.LAPPER-I just don't want you to make the wrong decision because a condition is a condition. MR.FORD-Do you think we want to make the wrong dedWon? MR.LAPPER-No. MR. HUNSINGER-Okay. The caution's been put on the record. Mr. Ford's comments duly noted. Thank you. AYES. Mr.Sipp,Mr.Traver,Mr.Ford,Mr.Segugic,Mrs.Bruno,Mrs.Steffan, Mr.Hunsinger NOES: NONE MR.LAPPER-Thank you,and we really appreciate the courtasi on this. MR.HUNSINGER-Thank you. SITE PLAN NO. 4-2008 SEOR TYPE UNUSTED SCOTT& JACKIE WHEELER AGENT(S) KITCHINISS ENGINEERING OWNER(S) SAME ZONING WRSA LOCATION 33W STATE ROUTE gL APPLICANT PROPOSES CONSTRUCTION OF A 3580 SQUARE FOOT DRIVEWAY TO SERVE EXISTING RESIDENCE AND GUEST COTTAGES. SITE PLAN REVIEW AS A MAJOR STORMWATER PROJECT PER CHAP. 147-12C IS REQUIRED DUE TO CEA LOCATION AND SLOPES IN EXCESS OF IS%. CROSS REFERENCE SP 8-04. AV 55-M WARREN CO. PLANNING 2/13M APAICEAIDEC L G CEA LOT SIZE 1.43 ACRES TAX MAP No.239.18-1- 7 SECTION CHAPTER 147-12 MICHAEL O'CONNOR&TOM HUTCHINS,REPRESENTING APPLICANT,PRESENT MR.HUNSINGERSki,If you could summarize the Staff Notes,please. MR. BAKER Yes. This application was last tabled at the March'le Board meeting far submittal of a number of items, Including reduction of the driveway width. Staff comments note that the driveway width was reduced to 16 feet for only a section of the driveway,that from the curb to the gerage: Also the Planning Board had been looking for incorporating an arched culvert and none were shown on the revised plans or mentioned In the discussion in the revised stormwater plan submitted,and a reminder the applicant has requested waivers from the lighting plan and landscaping plan requirements. MR.HUNSINGER-Thank you. Good evening. MR.O'CONNOR-Good evening. Tom is going to make this presentation. MR.HUNSINGER-Okay. MR.HUTCHINS-Tom Hutchins,Hutchins Engineering,and Michael O'Connor,of course. Based on our discussions last month, I believe we have done everything, with the exception of the culvert issue, and I do want to discuss that. At the last meeting, I agreed to at least attempt to incorporate an open bottom arched style culvert far this application,and it didn't take me a whole lot of hand thought to realize that was not a very good Idea in this case. It's too steep. It's going to do more to promote erosion than it is to promote infiltration,which was why it was brought up,and I can't comfortably,absent pouring concrete footings underneath both ends of the open bottom culvert, I cannot comfortably design it in this, and that's why I didn't do it, and we can discuss that, but with the exception of that, I think VISION Engineering comments are all addressed. I have,we've narrowed the width of the driveway,as discussed at the meeting,to 16 foot 43 (Queensbury Planning Board 04/2TJt)68) for the straight section. We've incorporated a vegetative slope, in lieu of the rock slope that we had shown previously. In order to do that,I have lessened that slope slightly,so It's not quite as steep. We have brought the culvert slightly further away from the lake, the discharge of the culvert,and we have minimized riprap use on the site,and I believe Oil of those were concerns addressed at the last meeting. In lieu of riprap, we have shown randomly placed natural boulders, not manufactured, crushed, but natural rounded boulders,randomly placed around,in lieu of riprap within channelized area,and with that,I believe I'll try to address your comments and questions. MR.HUNSINGER-Quesdons,comments from the Board? MR. O'CONNOR4 guess I will make one comment. While we ware waiting for the agenda to move forward, Chris Navitsky met with us and spoke to us, he and Kathy Bozony,about the vegetation,planting and what not,and what we've shown on the plan, we are willing to stipulate that for the trees,they will be a mixture of the native trees that are shown on the brochure that the LGA has put out, and wel make a copy of this,so you have a copy of that, as opposed to what we show there, and as to the smaller shrubs,again,that will be a mbdure of what's shown on here,for shrubbery,and for the ground cover,they have a concem,apparontly because there's a mixture that calls for a vetch, and we will remove that from the mbdure, the seed mbdure, if it is an invasive vetch. if it's not an invasive,well leave it in the mbc and they appear to be happy with that.and I don`t know what elm i think those were the comments that they had. MRS. BRUNO-Did they suggest at all the caliper of the new trees going in, so that we don't? Like if you're cutting mature Voss, versus putting in seedlings, or do you know what the applicant might prefer? MR.HUTCHiNS-The apprcant? I believe we've shown two gallon Sias, is that correct? Two gallon(lost word)size,and the spruce we've shown are five to six feet in height. MRS.BRUNMI right. Thank you. MR.HUTCHINS-So.we would probably Qost words)Ike a spruce,If we want to go to a, we were talking about going to a white spruce, and a balsam fir. a mix, and we would keep those In similar height, in lieu of the Norway spruce that we had shown. I'm not a tree guy. i had the landscape anthitect help us out with some plantings. My concern is stabilizing the slope. It really doesnt maser to me what we plant, as long as it grows deep roots quickly. MR.HUNSINGER-Anything else from the Board? MR. SIPP4t may be unrelated. What is the blockage going to be for the old driveway. What are you gang to put in there? Just that boulder wall? MR. HUTCHINS-Well, the boulder wail, it's going to outline the turnaround, and then we're gang to pull out the old asphalt and just allow it to go natural. I don't know that I show in particular plantings there. MR.SEGULJIC-I don't think you show anything there. MR.HUTCHINS-Yes,I do. I show plantings across the top of there,a row of spruce. MR.SEGUUIC-Right,but you don't show any In the other area. MR.HUTCHINS-The other area MR.SEGUI.JIC-Well,you said you were going to take the asphalt out of that area MR.HUTCHINS-Right I don't show anything in the right of way. I can't plant within the right of way. MR.SEGUWIC-Okay, That's the right of way. Okay. MR. SIPP-AII right Number Two,the one story wood frame house on the,where's the septic system for this house? MR.HUTCHINS-To the best of my knowledge,it's almost right underneath it right to the front The building is on piers. It's pier construction. 44 d c (Queensbury Planning Board 0412M) MR.SIPP-But that's,the front of the building is 60 feet from the take. MR.HUTCHINS-That may well be. MR. SIPP-hI these buildings now are going to be hooked to a new septic system which is going te have an absorption field where you've got test pit and percolation pit. MR. HUTCHINS-That is, we have,outlined that area for, to be reserved to replace the system in the future. Were not proposing td replace the system as part of this. We're Proposing to get a driveway in.but that's the area that we will replace the system. The test pit information is there, because I had done it. actually before we Started this driveway project and I showed it MR.SIPP-The other buildings then have the holding tank? MR.HUTCHINS-They have existing systems. The details-of construction are Somewhat unknown. I would presume them to be seepage pits. They're not In failure,and they're e)asdng. MR. SIPP-Yes,but they're, you don't know where they are. You don't know how close they are. MR. HUTCHINS41►e know where,for the main house,where it shows two underground tanks. That's where they are for this house,and for the other house,we're presuming irs in the area in front of the house,bemuse that's where the drainage pipe comes out and drops. MR.O'CONNOR-And the cabin most to the west also has a,it's right in front of 1L MR.SIPP-With these,do you draw the water from the lake,or is two a well? MR.HUTCHINS-No.they drawwater fr6m the lake. MR.SIPP-Test pit data,that one test pit you rook,what did you find when you took your soil sample. MR. HUTCHINS-The data is on the, it's somewhere on the first page. Medium, fine sandy foams of 32, 32 to 60 was dart, brown sandy loam, some boulders. I turd evidence of seasonal high water by mottling at 48 inches. MR.SIPP-Thats all I have. MR. HUNSINGER4V"ne else? We do have a pubfic hearing scheduled this evening. Is there anyone that wanted to address the Board on this application? Mr. Navitsky. I will open the public hearing. PUBLIC HEARING OPENED MR.O'CONNOR-Okay. I will make one more comment while he's on his way up here. MR.HUNSINGER-Sure. MR. O'CONNOR-We also-agreed,on the lower part of the drainage Swale,or whatever we're calling that,we will put in additional hay bale damming during construction,so that there's no,nil be an additional protection as to what we've shown that's on there. MR.HUNSINGER-Good evening. MR. NAVITSKY-Good evening. Chris Navitsky. We just wanted to thank the applicant. We did have a meeting and discussed our concerns,and we've reached,we appreciate their insight in accepting that I also would like to thank Tom. I did recommend or ask him to take a look at a bottomless culvert, and with the slopes there, it Is not good. I think it could result in erosion,as Tom said, So I also just wanted to say on the record that this is not a good instance, and we appreciate that they did take the time to investigate that So, with that, and with the discussions we had, we support their application. MR.HUNSINGER-Okay. 45 (Queensbury Planning Board 04l22108) MR.NAVITSKY-Thanks. MR.SIPP43o you say crown vetch is invasive or not? MR. NAVITSKY-I believe Kathy did. I'm not the plant guy, but there's particular vetch that is. 1 imagine it can overtake. MR.SIPP-Well,it is,it spreads. MR.NAVITSKY Yes,and they were willing to take a look at that MR.SIPP-It's a good soil holder,but it has it's problems about the way it takes over. MR.NAVITSKY Yes,thank you. MR.HUNSINGER-Thank you. Anyone else? Okay. i'll dose the public hearing. PUBLIC HEARING CLOSED MR.HUNSINGER-And if the applicant can comeback. Any other questions or concerns from the Board?. I neglected, again, to ask Staff if there were any written comments. Apparently not MR.BAKER-No written comments submitted on this application. MR.HUNSINGER-Is the Board cornfartable moving forwarad? MR.FORD-Yes. MR.SEGUWIC-Yes. MR.HUNSINGER-Okay. MRS. STEFFAN-How do we word the changes, the amendments to the trees and shrubber}R Because ff we're general,then Bruce can't enforce It MR.HUNSINGER Yes. ' MR. O'CONNOR-My suggestion would be that the large trees will be a mixture of those that are shown on the pamphlet that has been put out by the Lake George Association. MR.HUTCHINS-Native Plants for Lakeshore Buffers and Landscaping. MR. O'CONNOR-And the smaller trees and shrubs will also be a mbdure of those that are shown on this, based upon what our landscape architect thinks is best for the site, and they will be of the same size as were shown on the plants that we showed on the submittal,and the same number. Is that satisfactory.Stu,for enforcement? MR. HUNSINGER-So basically we're saying,what was submitted,the size Is okay,but you just need to modify some of the species. MR.O'CONNOR Yes. MR.HUNSINGER-To conform with the Lake George Association plantings brochure. MR.O'CONNOR-Yes. MR.BAKER-I would just ask that a revised final plan with that notation be submitted. MR.HUNSINGER-Okay. MR.TRAVER And perhaps rather than say conform with the LGA,perhaps accept their recommendations. MR.HUNSINGER-I'm sorry. MR. TRAVER-Perhaps rather than say they need to conform with something that the LGA is generating, perhaps instead say that they accept the recommendations of the LGA for species. 46 (Queensbury Planning Board 04/22JOt3) MRS.STEFFAN-How fast could you turn those plans around? MR.O'CONNOR-1 think you've got to find out from Miller. MR.HUTCHINS-Well,I'm going to have to turn them around relatively quickly,but whet, I don't know, a couple of weeks that will be done. We're okay with, and I think the simplest way is to reference this. I mean,we're okay with picking our plantings from this list of native species. MR.TRAVER-That's fine. MR.HUTCHINS-Okay. MR.HUNSINGER-Okay. That's easier then what we were saying before. MR.HUTCHINS-Then we donl have to get into what's what. MR.HUNSINGER-Okay. MR.SIPP-Also,let's specify the width of this planting. MR. O'CONNOR4t's as shown on the plans. The planting as shown on the plans, in quantity or quality,hasrA changed,or we're not suggesting it Change. All we're changing is the species. MR. HUNSINGER Yes. All we need to say is that the spaces shall conform with the native plants as listed in the LGA brochure. MR. O'CONNOR-The species will include plants, instead of saying confbim,will include plants as shown. MR.HUNSINGER-Right Will include plants as listed in the LG A brochure. MRS.BRUNO-1111hrow my two cents in. If its include,that makes it sound like it's only a partial. MR. HUNSINGER-Plantings shall consist of plants as fisted in the Lake George Association Native Plants brochure. MR.FORD-If only that meeting could have occurred earlier. MR.O'CONNOR-Does the Board have a problem with us doing an as built plan? MR.HUNSINGER4 think we have it covered. MR.O'CONNOR-No,no. I mean,it sounds like Stu wants us to submit a plan. MR.BAKER-No,I wasn't suggesting a tabling. I was just suggesting a,the Board seems to be leaning towards approval with this condition. Just submit the final plan With the condition noted on it. MR.O'CONNOR-Do you want it as built,or do you want 10 MRS.BRUNO-No,prior,so that we can be sure that its built as specified. MR.O'CONNOR-Okay. We can submit the plan for Staff to look at,to verify that it's in conformance with the condition. Is that what you're saying? MR.BAKER-That's commit,and then we have a clear copy In the file. MR.FORD-1 feel more comfortable that way. MR.HUNSINGER-Okay. MRS.BRUNO-You can do an as built,too. MR.HUNSINGER-Okay. We need to do a SEQRA Short Form. 47 V �to (Queensbury Planning Board 04I22M) MRS.STEFFAN-Okay. 'Does the action exceed any Type I threshold in 6 NYCRR Part 617.47" MR.HUNSINGER-No. MR,FORD-No. MRS. STEFFAN-"Will the action receive coordinated review tks provided for Unlisted Actions in 6 NYCRR,Part 617.670 MR.HUNSINGER-No. MR.FORD-No, MRS. STEFFAN"Could the action result In any adverse effects associated with the following: C1. E)dsdng air quality, surface or ground water quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,potential for erosion, drainage or flooding problems?' MR.HUNSINGER-No. MR.FORD-No. MRS. STEFFAN-"C2. Aesthetic, agricultural, historic, or other natural or cultural resources;or community or neighborhood characterr MR.HUNSINGER-No. MR.SEGUUIC-No. MRS: STEFFAN'C3. Vegetation, fauna, fish, shellfish or wildlife species, significant habitats,or threatened or endangered species?' MR.HUNSINGER-No. MR,SEGUWIC-No. MRS. STEFFAN-OC4. A community's a dstng plans or goals as offraally adopted, or a change in use or intensity of use of land or other natural resources?' MR.HUNSINGER-No. MR.SEGUUIC-No. MRS.STEFFAN-05. Growth,subsequent development or related activities likely to be induced by the proposed action?' MR.HUNSINGER-No. MR,FORD-No. MRS. STEFFAN-C6. Long term, short term, cumulative or other effects not identified above?' MR.HUNSINGER-No. MR.FORD-No. MRS. STEFFAN-C7, Other impacts (including changes in use of either quantity or ener9y)?" MR.FORD-No. MR.HUNSINGER-No. 'MRS. STEFFAN-Will the project have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area?' MR.HUNSINGER-No. 48 n (Queensbury Planning Board 04f2M) MR.FORD-No. MRS.STEFFAWls there or is there likely to be controversy related to potential adverse environmental impacts?" MR.HUNSINGER-No. MR.FORD-No. MRS.STEFFAN-Then I'll make a motion for a negative SEQRA Dederation. RESOLUTION WHEN DETERMINATION OF NO SIGNIFICANCE IS MADE R N Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: WHEREAS,there is presently before the Planning Board an application for: SCOTT 8 JACKIE WHEELER,and WHEREAS,this Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental.Quality Review Act, NOW,THEREFORE,BE IT RESOLVED: 1. No Federal agency appears to be involved. 2. The following agencies are Involved: NONE 3. The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations Implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury. 4. An Environmental Assessment Form has been completed by the applicant 5. Having considered and thoroughly analyzed Me relevant areas of environmental concern and having considered the criteria for determining whether a project has a significant environmental Impact as the Berne is set forth in Section 617.11 of the Official Compilation of Codes. Rules and Regulations for the State of Now York, this Board finds that the action about to be undertaken by this Board wiU have no significant environmental effect and the Chairman of the Planning Board is hereby authorized to execute and sign and file as may be necessary a statement of non-significance or a negative declaration 90 may be required by law. Duty adopted this 22n° day of April, 2008, by the following vote: AYES: Mrs.Bruno,Mr.Ford,Mr.Seguljlc,Mr.Sipp,Mr.Traver,Mrs.Steffan, Mr.Hunsinger NOES: NONE MRS.STEFFAN-Okay. I'll make a motion. MQ-flON TO APPRQ19 SITE PLAN CKIE MEELE Introduced by Gretchen Steffan who moved for its adoption,seconded by Thomas Ford: 1. A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes construction of a 35M square foot driveway to serve existing residence and guest cottages. Site Plan review as a Major Stormwater Project per Chap.147-12C is required due to CEA location and slopes in excess of 15%;and 2. A public hearing was scheduled and held on 3/18108 tabled to 412 M;and 3. This application is supported with all documentation,public comment and application material in the file of record;and 49 to T a (Queensbury Planning Board 0412ZM 4. Pursuant to relevant sections of the Town of Queensbury Zoning Code[Chapter 179), the Planning Board has determined that this proposal complia with the requirements as stated in the Zoning Code,and S. The requirements of the State Environmental Quality Review Act have been considered and the Planning Board has adopted a SEQRA Naas' Declaration;and if the application is a m0dificatf0n, the requirements Of the State Environmental Quality Review Act have been considered,and the proposed modificatlon[s)do not result in any new or significantly differerrt environmental impacts, and, tfrereforre, no further SEQRA review is necessary;and $. Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any firths► review by the Zan 'Administrator or Bulkl'mg and Codes personnel. The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work. Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution. 7. The applicant vw'll provide as-built plans to certify that the site plan is developed according to the approved plans prior to issuance of the certificate of occupancy,and & NOT APPLICABLE 9. NOT APPLICABLE MOM -TO APPIROVE I Introduced by Gretchen Steffan who moved for its adoption,seconded by Thomas Ford: According to the resolution prepared by Staff. Paragraph Four complies, Paragraph Five, Negative, Paragraph Eight and Nine do not apply. This is approved that the conditions that the applicant will submit a revised final plan that win Identify that the plarntfngs on the tarrdscaping plan'voill consists of plants as listed In the Lake George Association brochure,which identifies native species for the area. Duly adopted this 22nd day of April. 2D08, by the following vote: AYES: Mr.SIM Mr.Traver,Mrs.Bruno,Mr.Segullic,Mr.Ford,Mrs.Steffan, Mr.Hunsinger NOES: NONE MR.O'CONNOR-We thank you. MR.HUNSINGER-Thank you. MRS.STEFFAN4 just want to clarify they are the some sine and type. I didn't put that in the motion. MR.HUNSINGER-1 don't think it was needed. MRS.STEFFAN-Yes. MR.O'CONNOR-We thank you. We also thank Chris and Kathy. Maybe we will develop a system where they give us their comments before the night of the meeting. SITE PLAN NO.122M8 SEQR TYPE 11 MATTHEW EMMENS AGENT(S) JARRETr- 'MARTIN ENGINEERS CREATIVE CONSTRUCTION ZONING WR-3A LOCATION 2 HIGHVIEW ROAD APPLICANT PROPOSES THE CONSTRUCTION OF A U-S APED DOCK ALONG WITH AN ADDITIONAL U-SHAPED DOCK WITH A BOATHOUSE AND SUNDECK BOATHOUSES AND SUNDECKSS REQUIRE SITE PLAN REVIEW AND APPROVAL FROM THE PLANNING BOARD. CROSS REFERENCE AV 6D-07,SP 49- 07, SP 12-M 57-93. 39-M. AV 1414 WARREN 00. PLANNING 3/120 APAACEA/DEC L G CEA LOT SIZE 0.97 ACRES TAX MAP NO. 239.15-1-19 SECTION 17"-=,179-0-050 TOM JARRETT&BILL DEAN,REPRESENTING APPLICANT,PRESENT 50 EXHIBIT 663" r`. Jill " I I I r� MIN . � e 1 ;J 6 � E]IE9MCP CONFIGURATION afs Du a e +� Steves Dark Day Properties, LW r Land Stirveyora de Lanrenee Davls � IM t../W W Y+�.+�iwl.Xh M irM 1bNi d Ywrhv�.Yana�i ak �br M¢ EXHIBIT "4" Caffry & Flower ATTORNEYS AT LAW 100 BAY STREET GLENS FALLS,NEW YORK 12801 (518)792-1582•FAX:(518)793-0541 JOHN W.CAFFRY AMANDA J.KUKLE XHSTINE K.FLOWER October 19, 2018 VIA E-MAIL AND MAIL Craig Brown Zoning Administrator Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Application of Gregory Teresi, SP 67-2017 Dear Mr. Brown: We represent Charles C. Freihofer, III in connection with the above-referenced project. Our client is an adjoining landowner to the project site, and this letter is submitted on his behalf. This letter is submitted in response to the letter to you from Jonathan C. Lapper, on behalf of the property owners, dated September 20, 2018 ("Lapper Letter") , which requested that you make a determination as to the legal status of tax map lot no. 239. 18-1-27 .2 . I I appreciate having the opportunity to respond to that letter. The Lapper Letter misstates the applicable law, and its request that you make a determination that the lot in question is a separate buildable lot should be denied. ' Mr. Lapper' s letter responds to a letter that I wrote to the Queensbury Planning Board dated January 10, 2018, hereinafter referred to as "Caffry Letter". A copy thereof was sent to you at that time. If you need another copy thereof, please let me know. Our basic argument is set forth in that letter. Today's letter is intended as a reply to the Lapper Letter, so both of my letters should be considered in this matter. The Caffry Letter (pp. 7-8) also pointed out to the Board that the project proposed by the landowners did not meet the dimensional requirements of the Town Zoning Code. Mr. Lapper did not address those issues in his letter. Re: Application SP 67-2017 2 October 19, 2018 THE RELEVANT FACTS ARE NOT IN DISPUTE Initially, I would like to point out that the Lapper Letter does not dispute the basic facts (see Caffry Letter pp. 2-5) : • The property in question is in the Adirondack Park; • The property is located on NYS Route 9L and on the shore of Lake George; • The property is located in a Rural Use area on the official APA Land Use and Development Plan map; • In a Rural Use area, the average lot size must be 8. 5 acres; see APA Act § 805 (3) (f) (3) ; Neither part of the merged lot is 8 . 5 acres in size, and, as merged, it is still not 8 . 5 acres; • In a Rural Use area, the minimum shoreline lot width is 150 feet; see APA Act § 806 (1) (a) (1) ; and The part of the property with current tax map lot no. 239. 18-1-27 .2 does not conform to the APA Act' s minimum shoreline lot width. • The property is located in the Waterfront Residential ("WR") district on the Town zoning map; • Lots in the WR district must be at least 2 acres in size, and have a minimum shoreline frontage of 150 feet; see Zoning Law § 179-3-040.A(5) (b) (1) , (8) ; Each part of the merged lot is, standing alone, a nonconforming lot in the WR zone and, as merged, the lot is still not 2 acres; • The part of the property with current tax map lot no. 239. 18-1-27.2 does not conform to the Zoning Law' s minimum shoreline lot width; Both parts of the merged lot were in common ownership from at least 1943 to 2015; see Caffry Letter pp. 2-3, Ex. A-G; and • As of May 23, 1973, both parts of the merged lot were in common ownership; see Caffry Letter p. 5. Given that the relevant facts are undisputed, and that the property is clearly nonconforming, the burden of proof should be on the property owner to prove that the property comes within an express statutory exception to the minimum lot size and shoreline lot width requirements. This has not been proven. Re: Application SP 67-2017 3 October 19, 2018 THE ZONING LAW MUST BE INTERPRETED CONSISTENTLY WITH THE APA ACT AND REGULATIONS The Town' s Zoning Law is an approved local land use plan under the Adirondack Park Agency Act ("APA Act") . Any part of it that applies within the Park had to be consistent with the APA Act and regulations in order for the Zoning Law to be approved by the APA. See APA Act §§ 807, 808; 9 NYCRR Part 582. In recognition of this requirement, the relevant section of the Zoning Law (§ 179--13-060. D) makes special provisions for land within the Park, that do not apply to land outside the Park. Indeed, § 179-13-060. D specifically requires compliance with APA Act § 811 when addressing preexisting nonconforming lots in the Park. THE DATE OF THE APPLICATION DOES NOT DETERMINE THE LEGAL STATUS OF THE PURPORTED LOT The legal status of nonconforming lots within the Adirondack Park, as being separate lots or one merged lot, must be determined as of May 22, 1973. 9 NYCRR § 573. 4 (g) . The Lapper Letter (p. 3) focuses on the status of the lots as of the time of the application for site plan review in 2016. That date is irrelevant. 9 NYCRR § 573. 4 (g) snakes it clear that lots held in common ownership on May 22, 1973 can not be subdivided or sold separately, at least not without a permit: A sale of any such lot(s) while retaining adjoining land constitutes a subdivision which requires an agency permit if a class A or class B regional project as provided in section 810 of the Adirondack Park Agency Act.2 (.emphasis added) Therefore, if such a lot is purportedly created after May 22, 1973 without any required permit, that action is illegal, which 2 The subdivision is a Class A Regional Project because it is within 150 feet of a state highway (NYS Route 9L) . APA Act § 810 (1) (d) (1) (e) . In the alternative, if it is not, it is a Class B Regional Project because it involves shoreline and does not meet the minimum lot size or lot width requirements. APA Act § 810 (2) (c) (2) (a) Re: Application SP 67-2017 4 October 19, 2018 makes it clear that the status on the date of the application is irrelevant. The status of the property at the time of the application is not what matters in this case. The status in 1973 is what matters. When the owners attempted to subdivide the property in 2016 without any approvals (Caffry Letter Ex. G) , that action violated both the APA Act and the Zoning Code. Such actions should not be rewarded with a favorable determination by the Town. THE DOWNSTATE COURT CASES CITED IN THE LAPPER LETTER ARE NOT ON POINT The Lapper Letter (p. 4) cites several court cases involving lot mergers from other parts of the state, which interpreted local laws and laws of state-wide applicability. However, none of them involve the APA Act, which has its own specific requirements, so those cases are inapplicable herein. Even if they were applicable, the facts of those cases are distinguishable from the present case. Some of these cases held that for a merger to occur, the applicable law had to establish a specific date for the merger to occur. Here, the APA Act merger clause (§ 811 (1) (a) ) applies as of "the date that this act shall become a law" and the APA regulations confirmed May 22, 1973 as that date. 9 NYCRR § 573 . 4 (g) . Thus, even if the downstate cases were applicable to the APA Act, the Act conforms to the holdings of those cases . THE APA ACT AND ZONING CODE CREATE MERGERS OF UNDERSIZED LOTS The Lapper Letter (p. 3) argues that the applicable laws do not use the word "merger", so no merger of the two lots occurred. This claim is incorrect. The APA regulations specifically create a merger of preexisting undersized lots:' (g) Merger of lots acquired prior to May 22, 1973. Adjoining lots owned by one landowner, each acquired 3 With certain exceptions, which do not apply here, as discussed below. Re: Application SP 67-2017 5 October 19, 2018 prior to May 22, 1973 . . . shall be deemed to have merged into one undivided lot as of that date, even if described in different deeds or acquired at various times. (emphasis added) 9 NYCRR § 573. 4 (g) . Also, regardless of whether or not a "merger" technically occurs, the lot in question is undersized and not grandfathered against the current minimum lot sizes or shoreline lot widths. Zoning Law S 179-13-060 exempts certain preexisting lots from the dimensional requirements of the Zoning Law amendments of 1988 and 2011. However, in order to keep the Zoning Law in compliance with the APA Act and regulations, Section 179-13-060. D excludes lots in the Adirondack Park from that exemption. That section requires compliance with the APA Act. The Act' s implementing regulations clearly create a merger, and the Zoning Law must be interpreted consistently with those rules , THE TWO PARTS OF THE MERGED LOT WERE NOT LEGALLY SUBDIVIDED AS REQUIRED BY THE APA ACT There is an exception to the APA merger rule for "lots in a preexisting subdivision or separately-owned preexisting vacant lots of record as described in section 811 (1) (a) of the Adirondack Park Agency Act . . . ". 9 NYCRR § 573. 4 (g) . Contrary to the Lapper Letter, the property in question does not qualify for this exception. [I]n order for a particular parcel of property to achieve pre-existing subdivision status, there must have been some sort of "formalized" or "coherently articulated" plan of subdivision prior to the effective date of the Act. Crater Club v. APA, 86 A. D. 2d 714 (3d Dept. 1982) (finding that lots were not a preexisting subdivision because there was no such formalized plan) . Here, as in Crater Club, there was no " 'coherently articulated' plan of subdivision", and no "official map" approving a subdivision, so the property is not a preexisting subdivision for purposes of the merger rule. Id. Re: Application SP 67-2017 6 October 19, 2018 THE PURPORTED SUBDIVISION WAS NOT LAWFULLY PREEXISTING A lot is only a "preexisting lot" if it was part of a "lawfully preexisting subdivision". 9 NYCRR § 573. 4 (f) (1) . Section 573. 4 (f) (3) states: Lawfully means in full compliance with all applicable laws, rules and regulations, including, without limitation, possession of and compliance with any permit or other approval required under the Public Health Law, the Environmental Conservation Law and any local or other governmental regulations. (See also Real Property Law and Public Health Law requiring subdivision plats to be filed. ) Thus, "lawfully" does not merely mean that it was not illegal at the time part of the property was deeded separately, but also that it was previously reviewed and approved by various agencies before the APA came into existence in 1973. From a policy point of view, this makes sense. For older lots that went through some sort of prior governmental review, there is at least some assurance that the suitability of the lots for development was reviewed and approved under the laws that were in effect in 1973 . For lots that received no such review and approval under pre-1973 laws, whether because there were no such laws on the books at the time that they were created, I or because they fell under the jurisdictional thresholds, there is no such assurance. Thus, such lots are not part of a "lawfully preexisting subdivision". 9 NYCRR § 573. 4 (f) (1) . I have discussed this matter with the now-retired former Associate Counsel of the APA, Barbara Rottier. For 25 years, she was in charge of APA' s Jurisdictional Program, which, among other things, was responsible for determining whether or not lots were part of a preexisting subdivision. She states that in order for APA to find that a lot is part of a lawfully preexisting subdivision, "there must be an approved and filed plat plan showing the subdivision lots". Here, there was never an approved and filed plat. 4 See eg. Public Health Law § 1115 (1) , which defines the division of land into five or more parcels as a "subdivision", effectively exempting the division of less than five lots from the requirement for review and approval of the water supply by the Department of Health under § 1116 (1) . Re: Application SP 67-2017 7 October 19, 201B The Lapper Letter (p. 3) admits that the alleged subdivision did not have any of these approvals, because the applicable laws were not in effect at the time that the parcels were first created. There are no permits, and while a 1948 survey of the property was filed, it was not an approved plat. The parcels at issue never received any form of government review or approval. Various deeds for the property refer to subdivision of the "east part of Lot No. 7 of the French Mountain Tract" (Zapper Letter p. 2) . However, there is no evidence that this was a lawfully approved subdivision. It appears that the word "subdivision" was just used in a generic sense, not in the sense required by the APA Act and regulations . See also Public Health Law § 1115 (1) , suipra. The 1965 Lake George shoreline survey map (Lapper Letter Ex. E) was not a subdivision plat and did not reflect state approval of any sort. It was merely a recordation of, and "acknowledged" (Lapper Letter p. 3) , the shoreline ownerships at that time. Notably, it shows that all of the property in question was in the same ownership (Marjorie S. Dugan) at that time. Therefore, there was not a "lawfully preexisting subdivision", the lots are not "preexisting lots", and the exception to the mandatory merger rule of 9 NYCRR § 573. 4 (g) does not apply. Ms . Rottier has also reviewed the Caffry Letter and the Lapper Letter. It is her opinion that under APA Act § 811 and the regulations, as they have always consistently been applied by APA, the property was merged as a matter of law as of May 22, 1973, and that tax map lot no. 239. 18-1-27 .2 is not a legal separate building lot. THE PURPORTED SUBDIVISION WAS NOT SUBSTANTIALLY COMMENCED .The Lapper Letter (pp. 2-3) discusses at length the claim that the so-called subdivision was "substantially commenced". This claim is both irrelevant and unproven. In order for a nonconforming lot to be part of a "preexisting subdivision", the subdivision must have been both "lawfully approved" and "substantially commenced" due to "substantial expenditures for structures or improvements". 9 NYCRR § 573. 4 (h) . As discussed above, the subdivision was not lawfully preexisting. Therefore, it is irrelevant whether or not it was substantially commenced. Re: Application SP 67-2017 8 October 19, 2018 Even it were relevant, there is not sufficient proof that the subdivision was substantially commenced. Because there is no plat, there is no way to know how many lots were created in the alleged subdivision or what percentage of them were developed. Nor is there any proof whether or not streets or other improvements were built. All that is known is that at one time, a map was filed that showed that a structure of some sort had once existed, but was demolished prior to 1948 (tapper Letter Ex. C) . Nor is there any evidence of the cost of the improvements, so there is no way to know if it was "substantial". THE LAPPER LETTER MISINTERPRETS THE LAW The interpretation of APA Act § 811 (1) (a) relied upon in the Lapper Letter would render the law totally meaningless . If any two adjoining parcels owned by the same person as of May 22, 1973 are automatically a "preexisting subdivision" and grandfathered, then what possible purpose would the merger language of that law have? It would have no possible use -- no two lots fitting that description would ever be merged. The law states what it states: two adjacent lots in the same ownership on May 22, 1973 are deemed merged. 9 NYCRR § 573. 4 (g) makes it clear that merger is mandatory, regardless of whether the parcels were in one deed or separate deeds as of 1973. The Lapper Letter (p. 3) also misconstrues the use of the word "may" in APA Act § 811 (1) (a) . That law provides that: Single family dwelling on existing vacant lot. One single family dwelling or mobile home shall be allowed to be built on any vacant lot which was on record on the date that this act shall become a law regardless of the overall intensity guidelines, or the minimum lot width provisions of the shoreline restrictions. For the purposes of this exemption, such a lot must not adjoin other lots in the same ownership, provided however, that all such lots in the same ownership may be treated together as one lot. (emphasis added) This allows a property owner to treat two lots as a single lot. It does not contradict the prior clause of that sentence, which unequivocally says that- * [f] or the purposes of this exemption, such a lot must not adjoin _other lots in the same ownership". Id. (emphasis added) Re: Application SP 67-2017 9 October 19, 2018 THE CURRENT OWNER ACQUIRED THE PROPERTY AS A SINGLE MERGED LOT Even if the merged lot had been two lots at some point in time, they were merged in 2008 when they were combined by the then-owner into a single tax map lot . Caffry Letter pp. 6-7, Ex. H. In 2015 they were then conveyed to the current owner in a single deed, which described them as "all that certain piece or parcel of land", and did not label them as separate pieces or parcels. Caffry Letter pp. 3, 6, Ex. F. THE SMALL LOT DOES NOT COMPLY WITH THE MINIMUM SHORELINE LOT WIDTH REQUIREMENTS Even if the smaller purported lot (no. 238 . 18-1-2I. 2) , was part of a preexisting subdivision, "the minimum shoreline lot width requirements apply to preexisting subdivisions which have not received Department of Health approval. " 9 NYCRR § 573. 4 (f) (1) . There is no dispute that this lot does not have the required 150 ' of shoreline. The Lapper Letter (p. 3) admits that the lot did not receive Department of Health approval. Therefore, it is not a legal building lot. CONCLUSION In conclusion, the alleged nonconforming iot on which the current project is proposed (tax map lot no. 238 . 18-1-27.2) is not a legally existing separate building lot because the applicants' two purported lots were previously merged into a single lot: (a) The lots were merged as a matter of law when the Adirondack Park Agency Act ("APA Act") took effect in 1973. (b) The lots must "be treated together as one lot for zoning purposes" under the Town of Queensbury Zoning Law, Town Code Chapter 179. (c) The lots were merged in fact by a prior owner in 2008 . (d) The smaller purported lot (no. 238 . 18-1-27 .2) never received Department of Health approval, and does not meet the 150 ' minimum shoreline width requirement, so it is not a buildable lot- Re: Application SP 67-2017 10 October 19, 2018 None of these four points is refuted by Mr. Lapper' s arguments. Each of them requires that you find that the two supposedly separate lots must be treated as a single undersized lot. Even if they are separate lots, the smaller one is not a buildable lot. Mr. Lapper' s request should be denied. SiPely, Jo'cawn coon JWC/ljs cc: Jonathan C. Lapper, Esq. Leah Everhart, Esq. Charles C. Freihofer, III \\C_F_DATA\publiclClientFileslFreihofer.3684\Brown.let2.wpd EXHIBIT 665" Appllraon fbr an Appeal Fr tm Zoning AdminKratvr's Dedslon �. of Community Developments File No. Tom&QWL .. 742 Day Read Date Reoelved. I' Applicant's NatYte. l��l�j{` ci �re + 5treetAdder: P,0,60•)(, s s 2 z 9 o S � L- �, .zip. L 9 Tine No. 2. Agent's Name: ,n �� • '�/ Street Address: S� C110/1,Stak ZIP: r TeleoKm lam. . �tbVe_r4%%?_5Tr(, 6A& L 10�tl/PS 4 Tax Map Number: Z -Z7,2 5, Zom l AlaWIRE-a�vn: 7. Section(s)of the Zoning Ordina-ra fbr which you are seWdng an interprdal . Uebe Vedk reWsft• Ct fla C L-ee 8. lase attach additional doMments., lefts,', rnaM eM that may support this application for an Appeal. : 9. The a leant (l rearm ft original appal wM all pages intact. Ari WA '"I"apptl�ant date U;IgnatUre of age dale EXHIBIT `'6" MPcation J4r ` Fern e r n n it of ir # _ •• Tde r t r *i ; -. lte apl' apl s 6 . ' e 1 # S. ZWO .. - • J: Dew",dh :how to Once omp °y p1pns ti� o n1 = n'd' `. n h dl�Mf co to ;: e r ; elm: t# t in iW s ppnrt ii �c ##on for-a� ApW[ . ,. Ti re p 1. r r • original appliodoll wm all p6w lnt scL ` St fontrApOr , . age` -date; ;