Application Area Variance [ZBA approved September 21 2016]
General Information
288.-1-65
Tax Parcel ID Number: 288.-1-69.11
Zoning District: MDR
Detailed Description of Project[include current&proposed use]:
Current Use: Single Family Home with Accessory Storage Building
Proposed Use: Single Family Home with In-law Apartment
Location of Project: 1232 W. Mountain Rd
Applicant Name: Thomas Williams Mailing Address 1232 W Mountain Rd
Home Phone 860-304-5066 City,State,Zip Queensbury, NY 12804
Work Phone Cell Phone 860-304-5066
E-Mail: twilliamsdu@yahoo.com FAX No.
Agent's Name: Mailing Address
Home Phone City,:State,Zip
Work Phone Cell Phone
E-mail FAX No.
Owner's Name Same as applicant Mailing Address
Home Phone City, State,Zip
Work Phone Cell Phone
E-mail FAXNo.
Page 1
Area Variance [ZBAapproved: September212016]
Site Development Data
Area/Type Existing sq.ft. Proposed Total sq.ft.
Additions .ft.
A. Building footprint 1632
B. Detached Garage 986(attached
garage)
C. Accessory Structure(s) 1140
D. Paved, gravel or other hard surfaced area 6000
E. Porches/Decks 759
F. Other -
G. Total Non-Permeable [Add A-F] 10,517
H. Parcel Area [43,560 sq. ft./acre] 59,590
I. Percentage of Impermeable Area of Site [I=G/H] 0.17
Setback Requirements
Area Required Existing Proposed
Front Yard [1] 30 45(House)/100+(Accessory) 45/100
Front Yard [2]
Shoreline n/a
Side Yard [1] 25 33.3/28.2 33.3/28.2
Side Yard [2] 25 25+ 25+
Rear Yard [1] 30 30+/26.4 30+/26.4
Rear Yard [2]
Travel Corridor n/a n/a n/a
Height [maximum] n/a n/a n/a
Permeability 50% 83% 84%
Number of parking spaces n/a n/a n/a
Page 2
Area Variance [ZBA approved: September 21 2016]
Additional Project Information
I. Will the proposal require a Septic Variance from the Town Board of Health? No
2. If the parcel has previous approvals, list application number(s): AV 42-2018(withdrawn)
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit
Program? —Yes/X No
4. Estimated duration: Start Date: n/a End Date: Sept 2019 e -
project tnr
5. Estimated total cost of project: n/a
6. Total area of land disturbance for project: n/a
Floor Area Ratio Worksheet
FLOOR AREA RATIO(FAR) --The relationship of building size to lot size, derived by dividing the total building floor
area by the lot size in square feet,yielding a percentage.
Zoning District Symbol Floor Area Ratio [FAR]
Waterfront Residential WR 0.22
Commercial Moderate/Commercial CM/Cl 0.3
Intensive
A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all
floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered
porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending
over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be
included. (See"FLOOR AREA RATIO").
B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building
or structure, and when applicable,the sum total of all floor areas of the principal and accessory buildings or structures
on the project site.
Parcel Area s . ft.
Existing Floor Area s . ft. see above definition
Proposed Additional Floor Area s . ft.
Proposed Total Floor Area s . ft.
Total Allowable Floor Area (Area x see above table
Page 3
Area Variance [ZBA approved September 21 20161
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-3-040
Need relief from the requirement(s)listed below which can not be met by the project as proposed.
[Check all that apply] ❑Setback ❑Buffer Zone ❑Lot Width x❑Other Second Dwelling
The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if
needed.
l. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby property will be created by the granting of this area variance?
Se Akk,,-r%" ll,
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant
to pursue, other than an area variance?
het
3. Whether the requested area variance is substantial?
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
C Lt 0;7 E
5. Whether the alleged difficulty was self-created?
Page 4
Area Variance [zBA approved: September 21 20161
Section 179-14-030—Application materials
Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The
applicant is to provide a site plan drawing(s)—a survey showing existing conditions,a proposed conditions map(see page 00 for
specific criteria)and include any other attachments that address A-D as applicable to the proposed project.
A. General Shown:on Sheet#
1 Title,Name,Address of applicant&person responsible for preparation of drawing
2 Deed
3 North arrow,Tax Map ID, date prepared and scale minimum: 1 inch=40 feet
4 Boundaries of the property plotted to scale, zoning boundary
5 Principal structures,accessory structures with exterior dimensions
6 Site improvements Incl. outdoor storage areas, driveways, parking areas, etc.: existing&
proposed
7 Setbacks for all structures and improvements: existin &proposed
8 Elevations and floor plans of all proposed and affected structures
B.: ,Water&Sewer iShown on Sheet#
1 Project sewage disposal facilities, design details, construction details, flow rates,and number of
bedrooms proposed
2 Water supply [i.e.well] &septic on adjoining lots with separation distances to existing or
proposed on-site water supply and septic
3 Separation distances for proposed sewage disposal system to well and water bodies
4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private
water, location,design and construction of water supply including daily water usage
5 Percolation test location and results
C. Parking/Permeable Areas Shown on Sheet#
1 Number of spaces required for project including calculations and justification: existing&
proposed
2 No. of existing parking spaces, number to be removed,number to maintain and type of surfacing
material [e.g., gravel,paved]
3 Provision for pedestrian and handicap access and parking: existing&proposed
4 Design details of ingress,egress,loading areas and cutting: existing&proposed
5 Location and character of green areas [existing and proposed],modification to green area,buffer
zone to remain undisturbed
6 Lighting, location and design of all existing and proposed outdoor lighting
D. Additional Site Develo ment and Miscellaneous Shown on Sheet#
1 On-site&adjacent watercourses,streams,rivers,lake and wetlands
2 Utility/energy distributions stem as,electric,solar,telephone]: existing& ro osed
3 Location,design and construction details of all existing and proposed site improvements
including: drains,culverts,retaining walls, fences,fire&emergency zones and hydrants, etc.
4 Square footage of bldg.area proposed for office,manufacturing,retail sales or other commercial
activities: existin &proposed
r75 Si na e: Location,size, e,design and setback: existin &proposed
6 Waiver Request: provide letter with application requesting any waivers: please reference
specific items
Commercial/Industrial Development requires submission of Landscaping, Stormwater
Management, Grading&Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
Page 5
Area Variance Application
Answers for questions posed on page 4
1. Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby property will be created by the granting of this area variance.
We are seeking to use the existing structure as an in-law apartment. Renovations were done to the
structure to make it a living space prior to our purchase of the house in February 2019.After completion
of the sale, it was then converted back to a non-living structure in compliance with town zoning.The
electrical wiring, smoke detection system,septic system and insulation have been updated and
completed to support living space in the main house and accessory structure in accordance to town
zoning and building codes.
The building has existed since the construction of the house and no changes to the footprint or structure
of the building will be made.The building has little to no visibility from the street and is separated from
neighbors by a privacy fence and trees. Since our purchase of the house,we have taken steps to
improve the exterior aesthetics of the structure.As such, no undesirable change will be produced in the
character of the area by granting this variance.
2. Whether the benefit sought by the applicant can be achieved by some method,feasible for the
applicant to pursue,other than an area variance.
This structure will be used as a living space for family and friends, storage and as office space.As such,
no other alternative option is available. We own an adjacent vacant lot that could be used to separate
the two structures however that would create an irregular lot boundary and would serve to divide it on
paper only.
3. Whether the requested variance is substantial?
Variance should not be deemed substantial since the applicant does own an adjacent vacant parcel
which will be emerged with the subject parcel as a condition of this application.
4. Whether the proposed variance will have an adverse effector impact on the physical or
environmental conditions in the neighborhood or district?
No.The structure has been used as a dwelling in the past and plans going forward are to use the
dwelling for guest accommodations for visiting family and friends.The change will be on paper only.
5. Whether the alleged difficulty was self-created.
While the alleged difficulty was self-created by a previous owner,we are asking to continue the alleged
difficulty and believe this should not negatively impact the application.As the previous owners have
already done the work to convert the structure to a living dwelling, it would require more work and
additional burden to return the structure to its original form.
July 10, 2019 Thomas Williams
1232 W Mountain Rd
Queensbury, NY 12804
Re: Survey-Waiver Request for Area Variance
Thomas Williams
Project Location: 1232 W Mountain Rd
Project Tax Map No. 288.-1-65
Dear chairman and board,
This letter is to request a survey waiver for our Area Variance application.We plan on using the
1999 survey and request a waiver as no changes to the site have occurred.The previous Area Variance
application (AV-42-2018)also used this 1999 survey and received the waiver.The letter approving that
request has been included.
Sincerel
Thomas Williams
Area Variance [ZBA approved: September 21 2016]
Pre-Submission Conference Form/Section I179-9-040
�
1. Applicant Name: I pVA
2. Tag Map 1[D QB.'\-lP5 *' Location:
Ibb: -(9q•Il
3. Zoning Classification (r � 1
4. Reason for Review: p �+ C ,1 '�e C S jvt�2d73 �4-�w
5. Zoning Section#: 17 1—3 q U
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Deed
General Information complete ✓�
Site Development Data Complete f
Setback Requirements Complete r�
Additional Project Information Complete
FAR addressed
Compliance with Zoning Ordinance
Checklist items addressed ✓ 6 Ala wCt IV�e roc U_
Environmental Form completed
Signature Page completed y
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Applicant/Agent: Date:
Page 6
Area Variance [ZBA approved: September 21 2016]
This page includes the 1.)Authorization to Act as Agent Form: 2.)Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.)
Other Permit Responsibilities; 5.)Official Meeting Disclosure and 6.)Agreement to provide documentation required.
OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant:
Owner:
Designates: as Agent regarding the following:
Variance Site Plan Subdivision
For Tax Map No.: Deed Reference: Book Page Date
OWNER SIGNATURE: DATE:
APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the
meeting or wishes to be represented by another party:
Owner:
Designates: as Agent regarding the following:
Variance Site Plan Subdivision
For Tax Map No.: Deed Reference: Book Page Date
OWNER SIGNATURE: DATE:
2.) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic
design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be
charged directly to the applicant. Fees for engineering review will not exceed$ 1,000 without notification to the applicant.
3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the
Owner,Applicant,and his/her/their agent(s)hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject
properties for the purpose of reviewing the application submitted.
4.) OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to
approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits.
5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a
designated stenographer tape record the proceedings of meetings resulting from application,and minutes transcribed from those tapes
constitutes the official record of all proceedings.
6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: 1, the undersigned, have thoroughly read and understand
the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be
commenced prior to issuance of a valid permit. I certify that the application,plans and supporting materials are a true and complete
statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the
approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed,I or
my agents, will obtain a certificate of occupancy as necessary. I also understand that Uwe may be required to provide an as-built
survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy
I have read and agree to the ab
Tylo✓v�fa S 6JC LL"=/�n1S -4 , o•lq
Sign ture[Applicant] Print Name[Applicant] Date signed
Signature[Agent] Print Name[Agent] Date signed
Page 7
WARREN COUNTY—STATE OF NEW YORK
no- r.. iaia PAMELA J.VOGEL, COUNTY CLERK
a 1340 STATE ROUTE 8,
LAKE GEORGE, NEW YORK 12846
��FNd1l1"
COUNTY CLERK'S RECORDING PAGE
***THIS PAGE IS PART OF THE DOCUMENT—DO NOT DETACH***
Recording:
Cover Page 5.00
Recording Fee 35.00
cultural Ed 14.25
Records Management - Coun 1.00
Records Management - Stat 4.75
Additional Names 0. 50
BOOK/PAGE: 5898 / 306 TP584 5.00
INSTRUMENT #: 2019-1445 RP5217 Residential/Agricu 116.00
RP5217 - County 9.00
Receipt#: 2019489852
Clerk: VS Sub Total : 190. 50
Rec Date: 03/11/2019 11: 55: 55 AM
Doc Grp: RP Transfer Tax
Descrip: DEED Transfer Tax - State 1468.00
Num Pgs: 4
Rec'd Frm: PATTY PRATT Sub Total : 1468.00
Partyl: DWYER CHRISTOPHER J
Party2 : WILLIAMS THOMAS B Total : 1658. 50
Town: QUEENSBURY **** NOTICE: THIS IS NOT A BILL ****
***** Transfer Tax *****
Transfer Tax #: 1790
Transfer Tax
Consideration: 367000.00
Transfer Tax - State 1468.00
Total : 1468.00
WARNING***
I hereby certify that the within and foregoing was
recorded in the Warren County Clerk's Office,
Record and Return To: State of New York.
This sheet constitutes the Clerks endorsement
required by Section 316 of the Real Property Law
of the State of New York.
MERIDIAN RESEARCH GROUP LLC
12 CO RN E L L RD Pamela J. Vogel
LATHAM NY 12110 Warren County Clerk
M ran Research Group LLC
/12 Cornell Rd. WARRANTY DEED
Latharn,.NY 12110
with Lien Covenant
THIS INDENTURE, made the 28`h day of February, Two-Thousand and Nineteen,
Between, CHRISTOPHER J. DWYER, 1232 West Mountain Road, Queensbury,New
/ York 12804,
party of the first part, and
THOMAAVILLIAMS & HILLARY A. JOHNSON, 1232 West Mountain Road,
Queensbury, New York 12804, as joint tenants with rights of survivorship,
parties of the second part,
Witnesseth that the party 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 parties of the
second part, does hereby grant and release unto the parties of the second part, their heirs and
assigns forever, the property located in the Town of Queensbury, County of Warren and State of
New York, which is more particularly described as follows:
See Schedule "A" attached hereto.
Being the same premises conveyed to the party of the first part and John J. Dwyer by
deed dated October 1, 2012 recorded in the Warren County Clerk's Office on October 5, 2012 in
Book 4587 of Deeds at Page 282.
John J. Dwyer died on March 13, 2016 in Warren County,New York, leaving the party
of the first part as the sole surviving joint tenant,
Together with the appurtenances and all the estate and rights of the party of the first part
in and to said premises,
To Have and to Hold the premises herein granted unto the parties of the second part,
their heirs and assigns forever.
And said party of the first part covenants as follows:
First, That the parties of the second part shall quietly enjoy the said premises;
Second, That said party of the first part will forever Warrant the title to said premises.
Third,that, in compliance with Sec. 13 of the Lien Law, the grantor will receive the
consideration for this conveyance and will hold the right to receive such consideration as a trust
fund to be applied first for the purpose of paying the cost of the improvement and will apply the
same first to the payment of the cost of the improvement before using any part of the total of the
sanne for any other purpose.
In Witness Whereof, the party of the first part has hereunto set his/her hand and seal the
day and year first above written.
In Presence of
Christopher J. Dwyer
STATE OF NEW YORK )
)ss..
COUNTY OF WARREN )
On the 28th of February in the year 2019, before me, the undersigned, a notary public in
and for said state, personally appeared Christopher J. Dwyer personally known to me or proved
to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same in his/her/their
capacity, and that by his/her signature on the instrument, the individual, or the person(s) upon
behalf of which the individual acted, executed the instrument.
t � ,
Notary Pu lic
TIMOTHY S.SHULER
potent Public,State of New York
Washington county,No.4949151
M.y Commission Expires April 3,20-L
SCHEDULE A DESCRIPTION
PARCi I: 1: (TAX NL P 4 288. 1 (35)
ALL that certain piece or parcel of land situate, tyttg and being in the Town of
Queensbury. County of Wamtsa and State of New Fork, more particularly bounded and
described as follows: BEGINNIM in the northwesterly Comer Of the lands conveyed to
Andrew Home Eatcrpriscs, Inc. in the easterly funds of West Knuntain Road; running
thence South 84' 34' 30" East along the northeasterly bounds of Lot D, a distance of
421.92 feet to the northeasterly corner thereof; running thence along the lands of Phyili,5
M. Holtz South 66' 04'West, a distance of 471.94 fret to the sout:hwestcriy corner of Lot
D and the southeasterly corner of Lot C; running thence Noill► 2.3' 56' West along the
common line of lots C and D, a riiatancc of 206.85 feet to said 'Vest Mountain Road;
running thence North 660 04' Eust along West Mountain Road, a distance of 104.20 feet
to the point and place of beginning.
Bearinz% given in the above description infer to utaRrICtic meridian of November,
073
Intending to convey Lot D A.s shown on a map of a survey entitled "Map of a
Survey Made for Andrew Hone & Andrew Home Enterprises, Inc.," prepared by
VanDusen & Sleves, Land Surveyors, glens balls, New York, dated June 10, 1988,
revised July 1, 1988 and August 29, 1991, and filed in the Warren County Clerk's office
on February 7, 1992 in Plat Cabinet A, Slick 1-182.
PARCEL 2: (TAX MA?*288.-1-69.11)
ALL THAT CERTAIN PARCEL OF LAND lotted gouthcasttTly of County
Route 58, also kmown as "West Mountain Road," in the Tov%m of Queensbury, Warren
County, New York and wltictt parcel is more particularly Funded and doscribed as
follows:
BE-GINNING at a point located at a distance of 15 icet, measurod southwesterly on
a c;our a of South 68 degrees 17 minutes 40 seconds Nest, from the southwesterly corner
of'tands conveyied to Dennis and Kathltcn Franklin be doed dated February 26, 1998 and
recorded is said cleric's office in Book 1056 of Deeds at Pulse 37 and which said lands of
Franklin constitute Lot*D"as sbo%vn on the above referenced map for Mdmw Flame and
Andrew flor=Enterprises, Inc. and which said point is in the southcasterly line of lands
of Richard P. and Len= M. Guay; riming thence from the; point of bq;inni� in a
gen"l southerly direction. South 21 degas 42 minutes 10 seconds East or distance of
140.00 feet to a point; running thence in a g(:tu�.ral northeasterly direction on a caursc
parallel v&idh the southeasterly tiny of the aforementioned lands of Dennis and Katthicem
Prtlttlrlin, North 68 dog;rms 17 minutes 40 seconds Last to the intelsw ion of said course
with the southerly line of lands conveyed by Ski and shore Corporation u) Schcnnarhorn
Residential. Holdings, L.P. by deed dated rW1 14, 2006 and recorded in said clerk's
office in Book 1504 of Docclx at Pago 145; running thence in a westerly direction along
said soutl=ly line to its intrrsmbon with the said sc)uthcastGrly lire of said lands of
Franklin;running thence in a southwesterly direction along said lands and,in part,along a
portion of the lands of said Guay, South 68 degrees 17 minute~; 40 seconds Wagt for a
distance of 486.94 fcot,more or less,to the point of beginning.
xcrJ'CI — ,9
SEPTIC PLOT PLAN
I HAVE SEEN OR OBSERVED ALL omc-rsn� $ f
SUCH AS HOUSES, WELLS, TREES, FENCES, ETC
SHOWN ON THIS DOCUMENT.I HAVE PERSONALLY
EA ED THE DISTANC ET F RT ON THIS DIAGRAM. --� ---�
SIGNATURE DATE i
(� E
LC PCi--i�UN 1-iy- i? `JELUt'NIENT N0V-j i
i
TOWN OF QUEENSBURY
BUILDING DEPARTMENT !
Based on our limited examination,compliance
with our comments shall not be construed as
indicating the plans and specifications are in !il
full compliance with the Building Codes of
New York State. }
TOWN OF Q JEENSBURY
BUILDING & CODES DEPT.
r-I L E COPY Reviewed y _�..�!
Date: -71
� 1
288.-1-65 SEP-0269-2019
Williams, Tom
1232 W Mountain Rd
Residential Septic Alteration
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