1.3 r '
1.3
WASTEWATER\SET-PH\Waiver From Chapter 137-Property Transfer Law-Cholakis-11-4-19
RESOLUTION SETTING PUBLIC HEARING ON EVANGELINE H.
CASEY-CHOLAKIS AND GEORGE T. CHOLAKIS' APPLICATION FOR
VARIANCE/WAIVER FROM CHAPTER 137 "SEPTIC SYSTEMS"
RESOLUTION NO.: ,2019
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local
Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is now set forth at
Queensbury Town Code Chapter 137 (Chapter 137), and
WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems
(OWTS) prior to the sale of certain real property, and
WHEREAS, by application dated 10/24/19, Evangeline H. Casey-Cholakis and George
T. Cholakis, Trustees, owners of property located at 1155 Pilot Knob Road identified as Tax Map
No.: 227.14-1-21.1 (Property) directly on the shore of Lake George (Applicants), advised that
they acquired title to the Property in 2013 and for estate planning purposes only, the George T.
Cholakis Living Trust and the Evangeline H. Casey-Cholakis Living Trust acquired title to the
Property on June 21, 2019 and the Applicants were unaware of the requirements established by
Chapter 137, and
WHEREAS, the Applicants have requested a variance/waiver from the requirements of
Chapter 137,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, in its capacity as the Local Board of
Health, will hold a public hearing on Monday, November 18, 2019 at 7:00 p.m. at the Queensbury
Activities Center, 742 Bay Road, Queensbury, to consider Evangeline H. Casey-Cholakis and
George T. Cholakis' Septic Variance Application concerning property located at 1155 Pilot Knob
Road, Queensbury (Tax Map No.: 227.14-1-21.1) and at that time all interested persons will be
heard, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized and directed to publish Notice of the
Public Hearing in accordance with Town Code Chapter 137 and to send a copy of the Notice to
neighbors located within 500' of the applicant's property as required by law.
Duly adopted this 4th day of November, 2019, by the following vote:
AYES :
NOES :
ABSENT :
SEPTIC VARIANCE Office use only
Received:
APPLICATION Permit*:
Permit Fee:
742 Bay Road,Queensbury,NY 12804
P:518-761-8256 Vww,puepnsburv4 4t Invoice ilt:
Approvals:
•
Submittal: I(one)original&8 copies oofnthe completed application�'" package
arcoVine it.
.xitChola.
igietrytvz
Property Owner's):ti 'T t,,.f t ictkic i tiedeft Owner's Agent: 1t : Chutt}4�.,1,..to •
Address: ((3 ?1 1 Address: 19 q X iLnDc aq Pt
A�,u��)t 2, L I M J t.a t ,t kt 12110
Phone#: (' 43 )) � I(v ""IZ16- Phone#: t 51)) 2a1- I2ip/
Site Address: Y�bb > .. Tax ID#: Q► t ^1 4 I — 21• I
Directions to Site:
ifill P4 i-nrrio 2. 14� Ip an I t ; Rf-onto
t Distance from well on property to septic system(if applicable) feet PilDt if. bb
i
i Is it possible to install a conforming septic system on this property? Yes No
If YES,please explain and attach a diagram: N/A
Does the proposed-system meet setback requirements for distance from wells&septic systems on neighboring
properties? X ,Yes No If NO,please explain:
Is the prepesed system te.be installed under a parking area? Yes ___K_No
Section of the Sanitary Sewage Ordinance from which you are seeking the variance(i.e.leaching system will be 89 ft.
from well in lieu of required 100 ft.):
-fur vn' v c / vet 1 ve.r -1rvi Q�Jc:" (dh./ TOW►'7
C e. cep 4 el i. i-'-, see allarlied.
Septic Variance Application February 2018
List the names, parcel addresses, and tax map numbers of all adjoining property owners. You may obtain tax
map numbers from the Assessor's Office as well as the names and addresses:
North Name kitt2 r t t r Ft(1C.r
Address t151 'i t O t-- ri ob kcL
Tax Map ID 2.2.1 . —1—2-I
South Name t l'r E .1)..��P h tIl t
Address 141 Pi`o t- ICY1L ,,
Tax Map ID 2Z1 • 1 H- - 2
East Name Nik
Address
Tax Map ID
West Name JN
Address !
Tax Map ID
OWNER STATEMENT
I/We do hereby relieve the T. , Queensbury from any liabilities on the plumbing and septic system located at:
I/We realize that putting the well,septic ing system less than the required feet from the
may increase the risk of pollution.
Owner—Print Name: Date:
Owner—Signature: Date:
NEIGHBOR OR TENANT - STATENE;NT(if applicable)
I/We do hereby relieve the Town of au 14 ry from any liabilities on the plumbing and septic system located at:
I/We realize that putting the septic tank or leach less than the required feet from the
may increase the risk of pollution.
Neighbor/Tenant--Print Name: Date:
Neighbor/Tenant-Signature: Date:
Septic Variance Application February 2018
PLEASE ATTACH THE FOU.OWING TO YOUR APPUCATION:
1. A location map showing the site within the Town of Queensbury
2. A plot plan showing existing and proposed features of the property, including:
a. Lot dimensions
b. North arrow and =
c. location&dimensionsscale:1 ofinch existi40ngfeet and proposed buildings,showing setback distances and
uses
d. Parking layout to scale(if applicable)
e. Physical features(street, steep slopes, lakes,wetlands,etc.)
f. Location of all wells and septic systems on neighboring properties
g. Adjacent ownerships
h. All properties within 500 feet
A sample plot plan and location are shown below:
--fit{ tans --M
Nair w� W *+
1
0 t tv I
r:kt, , 0 eik
VW 11 ti 1 4
.11).`
f A.1
ottytto . '
tempt..alobsiv
rw+wn j "
err 0 1 4,
l " se/ki /
m.
f •�tlyr PA Fi. w. 1
Septic Variance Application February 2018
AUTHORIZATION AND SIGNATURE PAGE
This page includes the Authorization to Act as Agent form, engineering fee disclosure, authorization for site
visits, other permit responsibilities and agreement to provide documentation required.
Complete the following if the OWNER is using an Agent:
Owner's Name; 1 KT.e 'kpict Fvelirtjeiire i . Cricn -th014
Designates: gin, C . 1 , g gzaeR - as agent regarding the Septic Variance for
Tax Map#: ,. 1 ! - 1 - 2-I .
OWNER'S SIGNATURE: r' ,AO AA • DATE: h2/2
Engineering Fee Disclosure:Applications may be referred to the Town consulting engineer for review of septic
design, storm drainage, etc. as determined by the Town Board of Health. Fees for engineering review services
will be charged directly to the applicant.
Authorization for Site Visits: By signing this page and submitting the application materials attached herein, the
Owner, Applicant and his/her/their agent hereby authorize the Town Board of Health, building and code
Enforcement Officers and Town Engineer to enter the subject properties for the purpose of reviewing the
application submitted.
Please Note: Other permits may be required for construction or alteration activity subsequent to approval by
the Town Board of Health. It is the applicant's responsibility to obtain any additional permits.
Officiatial Meeting Minutes Disclosure: It is the practice of the Town Board of Health to have a designated
stenographer tape record the proceedings of the meetings resulting from the application, and that the
minutes transcribed from those tapes constitute the official record of all proceedings. If there is a discrepancy
between such record and the handwritten minutes taken by the designated stenographer,the handwritten
minutes shall be deemed the official record.
I, the undersigned, have thoroughly read and understand the instructions for submission; agree to the
submission requirements and completed checklist:
OWNER—PRINT NAME:
OWNER—SIGNATURE: DATE: /0 ZV/9
AGENT—PRINT NAME: 4,4
AGENT—SIGNATURE: DATE: I0/2.411 el
Septic Variance Application February 2018
SUPPLEMENT TO
APPLICATION FOR WAIVER OF CODE SECTION 137-4B(1)
1155 PILOT KNOB
TOWN OF QUEENSBURY,NEW YORK
The Request for a waiver from the Town of Queensbury Zoning Law, Chapter 137 (the
"Zoning Law") involves the request for a waiver of Section 137-4B(1) requiring a septic
certification trigger by a conveyance of the property located at 1155 Pilot Knob Road,
Town of Queensbury, Warren County, New York (the"Subject Property"). A copy of a
survey of the Subject Property prepared by VanDusen& Steves,last dated May 23, 2013,
is attached hereto as Exhibit A.
STATEMENT OF FACTS
George T. Cholakis and Evangeline H. Casey-Cholakis acquired title to the Subject
Property by deed dated May 30, 2013 and recorded in the office of the Warren County
Clerk on June 12, 2013 in Volume 4782 at Page 162 (the "2013 Deed").
For estate planning purposes only, the George T. Cholakis Living Trust and the
Evangeline H. Casey-Cholakis Living Trust (collectively, the "Applicant") acquired title
to the Subject Property pursuant to a Deed dated June 3, 2019 and recorded in the office
of the Warren County Clerk on June 21, 2019 as Instrument No. 201-3738 (the "2019
Deed"). The Applicant was unaware of the change in the Zoning Law at the time of the
recording of said Deed.
CIRCUMSTANCES FOR GRANTING
THE REQUESTED WAIVER
The Applicant demonstrates herein that this Application for waiver from the
requirements of Section 137-4B1 of the Zoning Law should be granted.
(1) No Beneficial Conveyance. Section 147-4B(3) defines a "conveyance
of real property"as:
As used herein, the term "conveyance of real property" shall mean the
transfer of the title of real estate, in the form of a deed or other legal
instrument, whether or not recorded in the Office of the Warren County
Clerk
There is no beneficial conveyance of title to the Subject Property. George T. Cholakis
has conveyed his interest to the Subject Property to the George T. Cholakis Living Trust
(the "GTC Trust") in which he is the sole current beneficiary. Evangeline H. Casey-
Cholakis (the "EHC Trust" and together with the GTC Trust being hereinafter
collectively referred to as the "Trusts") conveyed her interest in the Subject Property to
the Evangeline H. Casey-Cholakis Living Trust in which she is the sole current
beneficiary. The"conveyance"was for no consideration.
The definition of a Living Trust is (sometimes called an "inter vivos" or
"revocable" trust) is a written legal document through which the Grantor's assets are
placed into a trust for the Grantor's benefit during the Grantor's lifetime and then only
transferred to designated beneficiaries upon the death of the Grantor. In other words,
George T. Cholakis and Evangeline H. Casey-Cholakis remain the sole owners of the
Subject Property.
Attached hereto as Exhibit B are copies of the 2013 Deed and the 2019 Deed, together
with a letter from the attorney for the Applicant attesting to no change in beneficial
ownership of the Subject Parcel.
It is respectfully submitted that a"conveyance of real property" will not take place until
the earlier to occur of(a) the sale of the Subject Property to a third party, at which time
Section 137-4B(1) of the Zoning Code would be triggered or (b) the beneficiaries of the
trusts pass away and the Subject Property passes to the death beneficiaries of the
Applicant, thereby also triggering the requirements of Section 137-4B(1) of the Zoning
Code.
(2) Recent Static System Evaluation. George T. Cholakis and Evangeline
H. Casey-Cholakis applied for a building permit to allow for renovations to the home in
or about the summer of 2015. In connection with permits and approvals required for the
renovations, the Town of Queensbury required that they obtain a septic system
evaluation.
Attached hereto as Exhibit C is a copy of the evaluation provided by Hutchins
Engineering dated September 14, 2015.
Section 137-4C(5) of the Zoning Law provides for an exemption from the Zoning Law if
the septic inspection was conducted within three (3) years. It is respectfully submitted
that, while said evaluation was performed approximately 3 years and 9 months prior to
the deed to the Trusts, the variance in time is diminimus and should be another ground
for waiver of Section 137-4B(1).
Further,the septic system is regularly serviced by IBS Septic. Attached hereto as Exhibit
D is the report from the most recent service.
(3) No Juristictio .
The Subject Property is located partially within the boundaries of the Town of
Queensbury, Warren County, and partially within the boundaries of Fort Ann,
Washington County. The septic system servicing the Subject Property is wholly located
within the boundaries of the Town of Fort Ann, Washington County. The pump station
and absorption fields are located on a separate parcel located at 1154 Pilot Knob Road
2
bearing tax map identifier 82.-1-10 and owned by Kenneth A. Gruskin. Attached hereto
as Exhibit E is a copy of the Fort Ann tax map showing the lands on which the pump
station and absorption fields are located
As hereinabove provided, the Applicant respectfully requests that the Town Board grant
the variance/waiver herein requested.
3
Ilq 1 MAP REFERENCES:
1l ` MAP OF A SURVEY OF LANDS OF
4 i NIWAM H.WALKER, ,..R
•
DATED: JANUARY 4, 1971
REVISED:JOHN AUGUST
8. YAN 23.DUSEN1972
�, I!
T bY:
\ \
MAP OF A SURVEY MADE FOR
e' / BETTY L WALKER
/.1 DATED: JULY 81953
REVISED: SEPTEMBER 26, 1963
BY: VAN DUSEN&SIEVES
MAP OF A SURVEY MADE FOR
JR.BETTY L F10 WIWAM H_ WALKER,
DATED: JJNE B,199D
BOAT HOa.USE lAS
LAST REVISED: AUGUST 11, 1993
'� \ BY: VAN WSEN 6 STEVES
11 1R MAP OF A SURVEY MADE FOR
i ._ BETTY L k YAWAM N_ WALKER. JR.
DATED AUGUST 22, 2000
BY VAN DUSEN &SIEVES
/.. uw5or
LAKE �� 140E PARE 41 B AaTOP
1 'I I11NMDR PARING74
GEORGE ! :,. — -
LEGEND: .11
.AFST0i4-' , .1 . OIPF= IRON PIPE FOUND t
A
OIRS= IRON ROD SET 't
iiiii
0 OCONC MON =CONCRETE MONUMENT r.
' 41111\tij , ,.. �� . `O,= UTILITY POLE
.V nNuo 1. - WELL Ft
ir
G 4ghc lir% .. - STNJT(Y WOOD Y1iPfAC NOTE: fV
NOVCi 9n0RE "� r NWSE — t./: SLINKY WAS MME"M'C Mtn VOL
N
l" tip ( BEN4O13o^OT OP C WITE AN V2rfNC
,,� UNIT A t,,� + w,YE OP»+las 2013 a5utD
BOAT hOUS 1 7 8,070 eq.fL _ _ - G-" Br MA2ffr Pint OEev�CEs.��
P f - 0.19 ocres
1/WEEB,azYCr TEAT TMS MAP IYA.PREPARED ��
PROM A RCP.Al Hein hJRVEY 1 1 }yid
111.5CERTIPiCATION 51W1RN ONLY CUlAt PERYEALS .*.A t :- -yq` J_ "
POP.Wry4IJ,TIE SVRVEY WAS PRPA CO ANO L.'MOE Y tr.
8C�YNf TO Trt TIRE CCa.1PANT,GOM.IMMEMA1 A�Cafl.CY " Q'�M,:• i��,_'��+....,,,
Atw ttNpNG IP6TrtVRON U9TCD EMC.M •I MGM. 'P tMp E
CIATIRCATIONS ARE NOT 1RAPSPLZABL TO ADDRIONAE i
i A ITIMIONS OR_UBSEgJEM OWNERS. "},'_
C.RTIflP�'-0 6E0E0E1.C 00403 i
EVANGEI187 N CASEY.CMOA45 ':11 -e 1 1
A RCM:L CAPITAL RAM,NA, , 1
N./Y FLORIDA CAE Al BARE MORTGAGE. �y
1,0 3VG�O` A-wKAOR A%IGr2 UWD OP Wa
4f5TCOR LAND 11111,NDURF,Na COMPANY
b.7NNA t
V(Xi.NE 5247 Exa PAGE 314
i� l�yix4
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,...,,,,,..„.,,,i,...
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CROP= .4.IIIIId Tr
DATtC MAr 4,.401
..:• e...e. Map Of a Surrey made lot Watt' MAT T4.2013
NI IS0an C S e w.. - :. ; George T. Cholakis a� 1. q,
Steves MiaAnd S-1
Land Surveyors 4 . , Evangeline H. Casey—CholakisammiCIF1
169 U.MIaod Road Queensbur7.New York 12801 .w.-�...N.,,.... Town of Queeasbur2,Warren County, New York T d/N23/+3 ADJACENT ONNERS
cnCNA.L9 C-2710
2119 992-6471. New York tAo.No. 50136 _ Town of Fort Ann, Wasblo`ton.County, New York _ NO.. DATE DESCRIP DOA' IAA NO 8.114b:a 416,227.24.1- 1IT,A.-12.3-2+31.1
•
• WARREN COUNTY
PAMELA J.VOGEL DOCU11ENTO 0QQ047 8
COUNTY CLERIkOLUME= 4782 PAGE: 162
i Lake George, NY 12845
I: .., Voim-4782 Pg-162
. � t
Instrument Number: 2013-00004728
As
Recorded On: June 12,2013 Deed
Parties: GORDON HAROLD D
To 3
CHOLAKIS GEORGE T Billable Pages:
Recorded By: FREEDOM Num Of Pages: 4
Comment:
" Examined and Charged as Follows:"
Deed 55.00 Cover Page
6.00 RP-5217 Resid/Agric 125.00
TP-584 5.00
Recording Charge: 190.00
Consideration
Amount Amount RS#ICS#
48,000.00 TT 2160 Basin 0.00
Transfer Tax 2,192.00 5 low 0.00 Special Additional 0.00
UNAPPORI CONED-HELD Additional 0 00 Transfer 2,192.00
Tax Charge: 2,192.00
CountyRED
ClerksOff ice
Jun 12s20t3 li:10A
Pamela J. Vu!el
Warren Counts Clerk
""THIS PAGE IS PART OF THE INSTRUMENT**
I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY,NY
File Information: Record and Return To:
Document Number: 2013-00004728 NIA C CHOLAKIS ESQ
Receipt Number. 300941 1202 TROY SCHENECTADY ROAD
Recorded Date/Time: June 12,2013 11:16:37A BUILDING 3
Book-VoWPg: Bk-RP VI-4782 Pg-162 LATHAM NY 12110
Cashier/Station: C Latham / Cash Station 3
DOCUMENT: O00047'78
le�tO ros.tiS ert VOLUME: 4782 PAGE: 163
Y WARRANTY DEED WITH FULL COVENANTS
am NY Milo (INDIVIDUAL AND CORPORATION)
STANDARD NYBTU FORM 8008
AUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR
SELLER AND PURCHASER BEFORE SIGNING.
' ti THIS INDENTURE,made the ittIVay of May 2013
Between
Harold D. Gordon and Donna P. Withey,with an address of P.O.Box 275, Cleverdale,New York 12820,
Parties of the First Part, and
"r
George T.Cholakis and Evangeline H. Casey-Cholakis, residing at 11 Spruce Hill Road, Olivebridge,New
York 12461, hI Gitr?d tA..)ffe,
., Parties of the Second Part,
WITNESSETH, that the Parties of the First Part, in consideration of one and 00/100 dollars ($1.00)
and other good and valuable consideration, lawful money of the United States, paid by the Parties of the
Second Part, do hereby grant and release unto the Parties of the Second Part, the heirs or successors and
assigns of the Parties of the Second Part forever,
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the Town of Queensbury,
County of Warren and State of New York and partially within the Town of Fort Ann, County of
Washington and State of New York and more particularly described in attached Schedule A.
TOGETHER with the benefits of and subject to the burdens of the "Declaration of Covenants,
Restrictions and Easements" dated December 3, 1991 made by William H. Walker, Jr. and Betty L. Walker
and recorded in the Warren County Clerk's Office on June 21, 1994 in Liber 918 of Deeds at page 50 and
in the Washington County Clerk's Office on June 22, 1994 in Liber 713 of Deeds at page 47, as said
Declaration was amended by that certain Release and Termination of Well Easement recorded on August
26, 2002 in Warren County Clerk's Office in Liber 1282 at Page 163 and recorded on August 30, 2002 in
Washington County Clerk's Office in Liber 915 at Page 54.
The premises described in attached Schedule A are those premises shown as Unit A on a map
entitled "Map of a Survey for Betty L. and William H. Walker, Jr." prepared by Van Duesen & Steves
dated June 8, 1990 last revised December 3, 1991 which map was filed in the Washington County Clerk's
Office on February 5, 1992 and in the Warren County Clerk's Office on February 13, 1992.
Subject to any and all enforceable covenants, conditions,restrictions and easements of record, which
may affect said premises, if any.
BEING the same premises conveyed to the Parties of the First Part by Deed dated December 29,
2005 and recorded on January 24, 2006 in the office of the Warren County Clerk in Book 1490 of Deeds at
page 134 and recorded on February 1, 2006 in the office of the Washington County Clerk in Book 2091 at
page 262.
• out:UMENTY 00004728
VOLUME: 4782 PAGE: 164
TOGETHER with all right, title 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 center lines thereof,
TOGETHER with the appurtenances and all 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 Parties of the Second Part, the
heirs or successors and assigns of the Parties of the Second Part forever.
AND the Parties of the First Part covenants as follows:
FIRST. That the Parties of the Second Part shall quietly enjoy the said premises;
SECOND. That said Parties of the First Part will forever warrant the title to said premises;
THIRD. That the said premises are free from encumbrances, except as aforesaid;
FOURTH. That the Parties of the First Part, in compliance with Section 13 of the Lien Law,
covenants that the Parties of the First Part will receive the consideration for this conveyance and will hold
the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs
of the improvement and will apply the same first to the payment of the cost of the improvement before
using any part of the total of the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so
requires.
IN WITNESS WHEREOF, the Parties of the First part has duly executed this deed the day and year
first above written.
Harold D. Gordon
44444,4_ i2-0:0,7.
'4(1'
Donna P. Withey
STATE OF NEW YORK )
)as.:
COUNTY OF A(6 a n• )
On the Ju'i'+' day of Moa{ in the year 2013, before me, the undersigned, personally appeared
Harold D. Gordon and Donna P. Withey personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the pers., upon behalf of which the
individual(s) acted, executed the instrument.
4111,
JAMS t_ROGEM N s :LIC
Notary Public,State of Piro Yosit.
No.01A06184230
Ext ra Aodt 10,21)40
DOCUMENT; 00004728
VOLUME: 4782 PAGE: 165
SCHEDULE A
Ail that c.rtain Atom or
pawl
, Ying g in tho roans of Qoufsbw�y of and amasituate,County of Washingtca and the state of Soy Noek matePrticvlarly bouaded
and described as follows e
point in the center of Pilot Knob Road at the, at
ens brn.r of lands of Robert t Shirley Phillips and at thes �?oof the is convoyed to Wixlae Welk by deed southeast
and recorded Ark book Oh of deeds at page $SS
nds of
Pht11 ♦, 42 Mutes and 00 seconds Nest along running North
r a distance of 172.16 test to a concrete monument found AA
the ground for a corners thence continuing along` Said land, of
i'hi11tpe North 48 degrees, 47 slants, and 00 *seconds Nest, a
distance of 40400 teat to a concrete monument found to the ground
for a corner, thence continuing
seconds West +elo said lands l degrees, �i y autos �pM0
. store or less to master, alb Phillips. a dSsteh'tre ci a running
feet
northerly along said shore as itwi and as
�, thence txuuting
6.45 feet more or least thenceturns, a distance at
• and 00 seconds East, a distance g South 48 degrees,or 47 minutes
running South 6 t degrees, 47 of u,30 feet more 1 ass ,eta .
distance of 51474 teat rce wiautes• and 0o seconds east, a
andQ 5 seconds last,. a durance running 1 feet/ t North 76 degrees,u 3i ots
• test *.sae, 46 Minutes end' it seconds East, a distance South744
the center of said Pilot Knob Road, thence
the center of raid Pilot Knob Road. the followinggal and
distances: two courses end
• (1) South 11 degrees, 54
of 33.6s rest/ minsltas and 00 seconds Nest, a distance
(2) South 14 degrees, SO minutes and 00 seconds Nest a distance
of 67.00 feet to the point end :de of beginning, containing 0.23
: acres of land, to be the Sala sore or less•
leering, giVen in'the above description railer to the magnetic
meridian as of 4954.
GflW with an easement along the shore described as follow*
master at the northwest corn.:of the abov, described lot on the
Y shore of take George, running thence South 48 d
' Wanton and oo escgnde lest along •gro%to 47
distance of 8.50 Meet more or le s the above described .rot a •
' degrees,• 47 mutes and o0 seconds East di continuing B5rate 4a
thence running North 16 degrees, 40.minutes and 5cseconds of 4East Zest, ...
distance of 6.45 feet, thence running ,
and 00 second* West, a distance of6.445 et thence �t�continuing •
Worth 48 degrees, 47 minutes and 00 seconds Set s 3.00 tent more or less Co the shore of Lake Ceorx e F dce runningnn og
southerly along said shore as it winds and t )) , temptsdistance
6.50 feet more or less to the pint and r a ning. or
Plata of beginning.
within
xth ds o s CIPTINO AND id P.lot that portion of the above that lies
1Cteab Road.
•
• , .,, x , WARREN COUNTY—STATE OF NEW YORK
PAbIEA J.VOGEL,COUNTY CLERK
1340 STATE ROUTE 8,
or LAKE GEORGE,NEW YORK 12845
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 2.00
BOOK/PAGE: 5948 / 23 TP584 5.00
INSTRUMENT #: 2019-3738 RP5217 Residential/Agricu 116.00
RPS217 - County 9.00
Receipt#: 2019497904 Clerk: LB Sub Total : 192.00
Rec Date: 06/21/2019 11:42:12 AM
Doc Grp: RP Transfer Tax
Descrip: DEED Transfer Tax - State 0.00
Num Pgs: 4
Rec'd Frm: LAW OFFICE OF JAMES YASTION sub Total : 0.00
PLLC
Partyl: CHOLAKIS GEORGE T Total : 192.00
Party2: CHOLAKIS GEORGE T TRSTE **** NOTICE: THIS IS NOT A BILL ****
Town: QUEENSBURY
***** Transfer Tax *****
Transfer Tax #: 2552
Transfer Tax
Consideration: 0.00
Total : 0.00
WARNING***
Record and Return To• I hereby certify that the within and foregoing was
recorded in the Warren County Clerk's Office,
State of New York.
This sheet constitutes the Clerks endorsement
MR & MRS GEORGE T CHOLAKIS required by Section 316 of the Real Property Law
BIRCH LANE of the State of New York.
NEW PALTZ NY 12561
Pamela J. Vogel
Warren County Clerk
3'L,
41N
Graf'`` DEED
THIS INDENTURE, made as of this 3rd day of June, 2019, between George T. Cholakis and
Evangeline H. Casey-Cholakis, having an address at 6 Birch Lane, New Paltz, New York 12561, as the
grantor hereunder (hereinafter referred to as the "Grantor"), and George T. Cholakis and Evangeline H.
Casey-Cholakis, having an address at 6 Birch Lane, New Paltz, New York 12561, as Trustees under the
George T. Cholakis Living Trust, dated June 3, 2019, and Evangeline H. Casey-Cholakis and George T.
Cholakis, as Trustees under the Evangeline H. Casey-Cholakis Living Trust, dated June 3, 2019, as the
grantees hereunder(collectively hereinafter referred to as the "Grantee").
WITNESSETH, that Grantor, in consideration of Ten Dollars and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and release
unto Grantee and the heirs,executors,administrators,successors and assigns of Grantee forever,
ALL those certain plots, pieces or parcels of land, with the buildings and improvements
thereon erected, situate, lying and being in the Town of Queensbury, County of Warren, State of New York,
and partially within the Town of Fort Ann, County of Washington, and State of New York, being more
particularly described in Exhibit A attached hereto and made a part hereof,
TOGETHER with the benefits of and subject to the burdens of the "Declaration of
Covenants, Restrictions and Easements"dated December 3, 1991 made by William H. Walker,Jr. and Betty
L. Walker and recorded in the Warren County Clerk's Office on June 21, 1994 in Liber 918 of Deeds at page
50 and in the Washington County Clerk's Office on June 22, 1994 in Liber 713 of Deeds at page 47, as said
Declaration was amended by that certain Release and Termination of Well Easement recorded on August 26,
2002 in Warren County Clerk's Office in Liber 1282 at page 163 and recorded on August 30, 2002 in
Washington County Clerk's Office in Liber 915 at Page 54.
The premises described in attached Schedule A are those premises shown as Unit A on a map
entitled"Map of a Survey for Betty L. and William H. Walker, Jr."prepared by Van Duesen& Steves dated
June 8, 1990 last revised December 3, 1991 which map was filed n the Washington County Clerk's Office on
February 5, 1992 and in the Warren County Clerk's Office on February 13, 1992.
BEING the same premises conveyed by deed from Harold D. Gordon and Donna P.
Whithey, dated May 30, 2013, and recorded June l2, 2013 in Volume 4782 Page 162 in the Warren County
Clerk's Office,
TOGETHER with the appurtenances and all the estate and rights of Grantor in and to said
premises,
TO HAVE AND TO HOLD the premises herein granted unto Grantee and the heirs,
executors,administrators, successors and assigns of Grantee forever.
Grantor is the owner of said premises. Said premises is not located in an agricultural district.
Grantor, in compliance with Section 13 of the Lien Law,covenants that 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 before using any part of the total of the
same for any other purpose.
IN WITNESS WHEREOF, Grant duly executed thi Deed on the date first
above written.
e' . halals' ,G or
Ev geline H. Casey-Maki Grantor
STATE OF NEW YORK, COUNTY OF ULSTER, ss.
On the 3`d day of June, 2019, before me, the undersigned, personally appeared
George T. Cholakis and Evangeline H. Casey-Cholakis, personally known to me or proved to me
on the basis of satisfactory evidence to be the individuals whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their capacity,and that
by their signatures on the instrument, the individuals, or the persons upon behalf of which the
individuals acted,executed the instrument.
Ilk Notary Public
ommission expires oa
Ou
p aEL.
iihe to VN E,RROUGHTON
Notary Public.State Of New York
Ulster Count
C 5ik3rt Expires Febnra 420446,11
Premises: 1155 Pilot Knob Road, Kattskill Bay,New York
S/B/L: 227.14-1-21.1
Record& Return to:
Mr. & Mrs. George T. Cholakis
6 Birch Lane
New Paltz,New York 12561
•
Ci
SCHEDULE A
Ill that cirtein
sung in Nis row of gueueeen or , county
it laid 11L'uwt., .e rOV and
Pert Ana, county of M s+o*!►. Obutb. of Steed
of eels ?o l+oas of
} particularly bonded and re end the staea or! New !'oar
Point In tb. f► described .d rota r "°r
the tends he oan ter olr Pilot MobKnob load at the atf
' of the lands Conveyed Shirleyaohert u VenterPhi l sadby a doted ane 1�7
and recorded la.Canvey,
Ma of deed. atby deed setts these*
1*, ispe
sd dogma, 42 minutes and 00 ado itA/ tdenae l
Phatil , a distinae of 372.24 feet � Nast alongfrOaerata s mild landtho fors or
Phi is: forth '`s warner) thence continuing d l of
d fait: of dt.10 feet degrees,
concrete orsiti is end 09 .seconds Weer, a
roe a r1 thence* •via oat found aA the
nantlpitny teeth 41 degree,, 47 and ground
store ors Nest alongto the maid lands ofPhillips, a diatom,* 40 feet
northerly orl easterly shore of lake Osoogil thence nineties
4long said shore as le rinds g
(.43 test nor. or lest and turns,ees a 47 a.Inlites
of
J tlewaa. 40
' and oo t.cemte South t,f t,,wr�4 !MUM* s4feet Mon or Lail those*
r:nning� t! .Zf teat , 47 7 sinutes• and !a alouuds Sort, 4
sods a diet/a run degrees, fd M South'
end 0s �'North 7tt
70 dw re last,. t hoe of on st foot; 4lsl u1 f E. 4
feet �� ei 11elmuCss and,If seconds Nast, • dLitarla�e et the center at said blot Knob load/ thaw* ropaI along
the center of said Pilot Snob Need, the following two Courses
distuloe,:
' (1) South 41 dogmas, se'minutis and oo keens,, Nast, . distance•
of 22.44 teat/
(2) south 1l degrees, d0 minutes and 00 seconds Mean a dlatasea
of 17.04 feet to the point and place it hag:inning, aanealaing 0.23
saxes of land, to be the sane more or less.
Seating* ve0.11r'the stove description rater to the
meridian as a 4144. 9n.t10
reairSIS with aA ~anent
at thealong the above dessrlbed Is tomtt
taster northwest censer of the above daaeribed let aA the• Y shore of lake George, sunning then.' South 41 degrees, Ice
ninUtes and 00 seconds last along the
distance at 2.40 feet more or less abet,eco dasalrlb.d ,tat a
degrees, 47 minute and 00 Nooehds last4 istance of 4.44 est
thence ;unpinp Korth AP degrees, 40.41inutos and Is seconds matt, a ..
distaff of 4.15 ts.t/ thongs • .. •
and 00 seconds Nest, a distance ..Best/ �tinuing
Wirth es degrees, 47 ainut.s end 00 .aoceds t
.v.00 feet more or ass to the shore of Zak. � a disease,ti
southerly along wild shore es 46 vied and d tuard., thence running
f.so feet sere or less Co Cl,. point and a beginning.
oe of
pier of beginalhg,
within the b d AND Rr said
P for atportoadd. of the above that llu
•
NIA C. CHOLAKIS
Attorney At Law
1202 Troy Schenectady Road, Bldg 3
Latham,NY 12110
Phone 518/783-4090 ext 203
Fax 518/783-6394
nia@rgrosetti.com
October 23, 2019
Town Board
Town of Queensbury
742 Bay Road
Queensbury,NY 12804
Re: 1155 Pilot Knob Road,Kattskill Bay,NY 12844
Dear Sir or Madam:
Please be advised that I represent George T. Cholakis and Evangeline H. Casey-Cholakis in
connection with issues concerning the ownership of the above-referenced property.
On May 30, 2013, George T. Cholakis and Evangeline H. Casey-Cholakis acquired title to the
above-referenced property by Deed recorded in the office of the Warren County Clerk on June 12,
2013 in Volume 4782 at Page 162. For estate planning purposes only, a living/grantor's trust for
each owner was established and each party's interest in the above-referenced property was
conveyed to such trust.
By Deed dated June 3, 2019 and recorded in the office of the Warren County Clerk on June 21,
2019 as Instrument No. 201-3738, title to the property was conveyed to the George T. Cholakis
Living Trust and the Evangeline H. Casey-Cholakis Living Trust. I am familiar with the terms of
said Trusts and Section 137-4 of the Zoning Law of the Town of Queensbury. As such, I hereby
certify to the Town of Queensbury that:
1. The George T. Cholakis Living Trust is revocable during his life.
2. George T. Cholakis is the current sole beneficiary of the assets of said trust(passing to
contingent beneficiaries on death).
3. The Evangeline H. Casey-Cholakis Living Trust is revocable during her life.
4. Evangeline H. Casey-Cholakis is the current sole beneficiary of the assets of said trust
(passing to contingent beneficiaries on death).
5. For tax purposes, the Trusts are treated as disregarded entities, meaning the above-
referenced property is still regarded as owned by the individuals.
6. There is no distinction under New York State law between the individuals and the
assets in the Trusts.
7. Notwithstanding the execution and filing of said deed, George T. Cholakis and
Evangeline H. Casey-Cholakis remain the sole owners of the above-referenced
property.
Town Board of the Town of Queensbury
October 23, 2019
Page 2
8. Since the trusts are revocable,title to the above-referenced property could revert back
to the individuals at any time.
Based upon the foregoing, together with the information contained in the Application for
Variance/Waiver of Section 137-4 of the Zoning Code of the Town of Queensbury, it is
respectfully submitted that the application for variance/waiver should be granted.
Very truly yours,
Nia C. Cholakis
169 Haviland Road
Queensbury, NY 12804
Hutchins Engineering Phone:(518)745-0307
Fax: (518)745-0308
September 14, 2015
Mr. Craig Brown
Town of Queensbury Planning and Zoning
742 Bay Road
Queensbury, NY 12804
Re: Septic System Evaluation
1155 Pilot Knob Road
Parcel ID 227.14-1-21.1
Cholakis Residence
Dear Mr. Brown:
As you and I have discussed,this office has been retained to complete a septic system evaluation
in accordance with 173-3-040 A 5(e) of the Queensbury Code. We understand the owners have
applied for a building permit to allow improvements to the residence.
We have reviewed the following information with regard the septic system at the referenced
residence, as well as neighboring residences:
"On-Site Sewage Disposal System design drawings, sheets 1-3, for William H. Walker,
prepared by Charles H. Scudder, Consulting Engineer, dated 11/15/88."
"Septic System Plan and Details for William H. Walker, prepared by Nace Engineering,
P.C., dated 6/7/99."
This property is somewhat unique in that it is split by a Town and County boundary line. In 1988,
a combined septic system was designed and installed to serve the subject property as well as
two neighboring properties, which at the time were under common ownership. The two
neighboring properties are now identified as 227.14-1-21.2 (Filler) and 227.14-1-22 (Gruskin).
Three septic tanks and one absorption field are indicated to serve the three separate residences.
According to the referenced design plans, the subject residence is served by a dedicated 1,000
gallon septic tank, which discharges effluent to a pump station serving all three residences. The
pump station pumps effluent to a single absorption field which consists of a 20'x92" stone
absorption bed in installed in fill configuration with pressure distribution. The pump station and
absorption field are physically located on yet another parcel (Fort Ann Parcel ID 82.-1-10) which
was apparently under the same ownership at the time of construction and is now apparently lands
of Gruskin. At a design application rate of 0.6 GPD/SF, the absorption bed is sized to
accommodate approximately 1100 GPD. The Cholakis residence contains two bedrooms, and
the other two connected residences contain each contain 3 bedrooms, according to Queensbury
assessment data. Thus, there are 8 bedrooms connected to the combined absorption field. At
110 GPD/bedroom, this yields 880 GPD to the absorption field which is less that the absorption
bed is sized to accommodate.
The referenced plans prepared by Nace Engineering show a separate septic system designed to
serve a new residence constructed in 1999 on Fort Ann parcel 82.-1-10. This system is
G.Thomas Hutchins,P.E.
completely separate from the combined absorption field located on the same parcel, although
they are adjacent.
I have inspected the area of both absorption fields and find no visual evidence of failure or
operational issues with the absorption fields.
Based upon my review of the referenced design plans, it is my opinion that the 1,000 gallon septic
tank, combined pump station and combined absorption field have been designed and installed in
a manner that is in general conformance with the Town of Queensbury Chapter 136 as well as
NYSDOH standards.
Should you have questions or require additional information, please feel free to contact me.
Regards,
CAAK
G. Thomas Hutchins, P.E.
Cc.
George Cholakis
I B S Septic & Drain Service Invoice pt
2 Lower Warren Street _
Queensbury,NY 12804 Date Invoice#
9/12/2018 41858
Bill To Phone# Fax#
Sue Gruskins 518 798-8194 518-798-3213
PO Box 562
Bernardsville NJ 07924
P.O.No. Terms Project
Due on receipt
Quantity Description Rate Amount
9/05/18: 1154 Pilot Knob Road,Pilot Knob
2 PUMPED SEPTIC TANK 210.00 420.00T
Silicone to seal lids 12.00 12.00T
A LATE PAYMENT CHARGE OF 2%PER MO SHALL BE 0.00 0.00
PAYABLE UPON ALL UNPAID BALANCES OVER 30 DAYS.
COLLECTION COSTS,INCLUDING REASONABLE
ATTORNEY FEES,WILL BE CHARGED TO THE CUSTOMER.
THERE WILL BE A$50.00 CHARGE FOR ALL RETURNED
CHECKS.
tax 7.00% 30.24
We appreciate your prompt payment.
Total $462.24
EXHIBIT E
1154 PILOT KNOB TAX MAP
PUMP STATION AND ABSORPTION FIELDS
7
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