Application LITTLE & O'CONNOR ATTORNEYS, P.C.
NINETEEN WEST NOTRE DAME STREET-P.O. BOX 898
GLENS FALLS, NEW YORK 12801-0898
J. DAVID LITTLE AREA CODE 518
MICHAEL J.O'CONNOR TELEPHONE 792-2113
FAX 792-6972
NATHAN P.HALL
ELIZABETH E.LITTLE
OF COUNSEL
July 15, 2014
Zoning Board of Appeals N -3
Town of Queensbury a c
742 Bay Road > IY
Queensbury,NY 12804 Q C
ECEI
Re: Breyo Area Variance Application g� J Q
TOVNJ UL 2I074 EURY Gentlemen: °'
Enclosed please find the followin g: ZONI NG OFFICE o o
(I)
o w
1.) Area Variance Application; c m
2.) Construction Fence Detail; and m
3.) Copies of Deeds into Applicant. c Q o
o C
The Applicant wishes to fence their property to protect same from deer.
CI3 •c
A survey map is being prepared. There are three (3) property owners who wish to jointly
undertake this project to the extent that it affects their parcel.
In Queensbury, the 8 ft. fence will run behind the shrubbery along and parallel to Route 9L
and Antigua Road; the 8 ft. fence will run on the side boundary line to the Town of Lake George
boundary.
In Lake George, for information, the sideline fencing will continue at 8 ft. to a point 50 ft.
from the lake and then continue at 4 ft.
The relief request is 2 ft. of height.
Yours Very Truly,
. ITTLE& O'CONNOR ATTORNEYS, P.C.
MJOC/kml By: Michael J. O'Connor
Enclosures
CC: John & Marilyn Breyo
WEB SITE: www.littleoconnor.com
EMAIL: mjoconnor @littleoconnor.com
� '�` TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
w Y Q rY
July 17, 2014
John&Marilyn Breyo Aston Goldberg, LLC
51 Winding Brook Drive 167 Wolf Road, Suite 211
Saratoga Springs,NY 12866 Albany,NY 12205
Re: 8 ft. fence
Tax Map Parcels: 239.17-1-1, 2, 3 &4
Rte 9L and Antigua Road
Dear Applicants:
I am writing to you in order to document my review of your proposal for the installation of
approximately 560 linear feet of an 8 ft. tall fencing around your property and to document the
conversations between your agent; Michael O'Connor and Laura Moore of my office.
I have reviewed your proposal and find that an Area Variance is necessary in order for you to
proceed with your project. Specifically, the proposed fencing exceeds the 6 ft. maximum
allowable height for such a fence,as such,a variance is necessary.
I understand that you and your agent have submitted a variance application, as such, this letter
will serve as the necessary denial letter for the processing of your application materials. Please
note the need for a stamped, signed survey map of the property depicting the planned fence so
that we can keep your application in the queue for our August agenda cycle. This map will need
to be submitted as by July 25,2014 to ensure your placement on an August agenda.
Should you have any further questions or comments,please do not hesitate to contact me.
Sincerely,
Town of Queensbury
C)/
Craig Brown
Zoning Administrator
CB/sh
Cc: Michael O'Connor,Esq.
L:\Craig Brown\2014 Letters\Denial Breyo 7_17_14.doc
"HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE"
SETTLED 1763
General Information 4')
RECEIVED
Tax Parcel ID Number: 239.17-1-1, 2, 3 &4
JUL 15 2014
Zoning District: WR TOWN OF QUEENSBURY
Detailed Description of Project [includes current& proposed use]: ZONING OFFICE
Installation of 8 ft. deer protection fencing.
;.,
Location of project:
3430 State Route 9L, 5 Antigua Road &Antigua Road
Applicant Name: See attached Schedule A Address:
Home Phone Cell:
Work Phone Fax
E-Mail:
Agent's Name: Michael J. O'Connor Address: 19 W. Notre Dame St,PO Box 898
Glens Falls, New York 12801
Home Phone Cell:
(518) 796-8822
Work Phone Fax
(518) 792-8728 (518) 792-6972
E-mail
mjoconnor @littleoconnor.com
Owner's Name Address
Same as Applicant
Home Phone Cell
Work Phone Fax
E-mail
4-4I5 ?- -C,/
1
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road• Queensbury, NY 12804•518-761-8238
r
1,,te..____Ced,/
Pre-Submission Conference Form 1179-4-0401
1. Tax Map ID 239.17-1-1,2,3&4 ,_.ce,i/ e._
2. Zoning Classification WR
3. Reason for Review: Height of Fence
4. Zoning Section#: 179-5-070 (2)&(3)
5. Pre-Submission Meeting Notes; Outstanding Item ..To Be Addressed Include:
Deed dyes No
General Information complete ✓Yes No
Site Development Data Complete Yes No
Setback Requirements Complete Yes ✓No
Additional Project Information Complete 1/Yes No
FAR addressed yyes 1.---"No
Compliance with Zoning Ordinance Yes No ,�/
Checklist items addressed — Yes Noel o4 cCScterki� ac N�
Environmental Form completed Yes No Par- r 1, 64 ROVE
Signature Page completed , Yes No
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Staff Representative: UT 4 1At -E e.r
Applicant/Agent
Date: 07/(- /2014
6
Area Variance Revised March 2014
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury,NY 12804.518-761-8238
Site Development Data
Area/Type Existing sq. ft. Proposed Total sq. ft.
Addition sq.ft.
A. Building footprint 1,220 1,220
B. Detached Garage
C. Accessory Structure(s)
D. Paved, gravel or other hard surfaced area 7,600 7,600
E. Porches/Decks 192 192
F. Other
G. Total Non-Permeable [Add A-F] 9,012 9,012
H. Parcel Area [43,560 sq. ft. /acre] 31,799 31,799
1. Percentage of Impermeable Area of Site [I=G/H] 69% 69%
Setback Requirements
Area Required Existing Proposed
Front [1]
N/A
Front [2] N/A
Shoreline N/A
Side Yard [1] N/A
Side Yard [2]
N/A
Rear Yard [1] N/A
Rear Yard [2]
N/A
Travel Corridor N/A
Height [max] Route 9L-4' 0 8'
Sides -6' 0 g'
Permeability N/A
No. of parking spaces N/A
Area Variance Revised March 2014 2
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804.518-761-8238
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? N/A
2. If the parcel has previous approvals, list application number(s):
3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program?
Yes X No
4. Estimated project duration: Start Date 9/2014 End Date 10/2014
5. Estimated total cost of project: $15,000.00 +/-
6. Total area of land disturbance for project: None
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 Intensive CM /CI 0.3
Main Street MS 0.3
A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all
floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered
porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending
over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be
included. (See"FLOOR AREA RATIO").
B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building
or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures
on the project site.
A. Parcel Area N/A sq. ft.
B. Existing Floor Area N/A sq. ft. [see above definition]
C. Proposed Additional Floor Area N/A _sq. ft.
D. Proposed Total Floor Area N/A sq. ft.
E. Total Allowable Floor Area N/A (Area x ) [see above table]
*if E is larger than D, a variance or revisions to your plan may be needed. Please consult
w/Staff.
3
Area Variance Revised March 2014
Town of Queensbury•Zoning Office •742 Bay Road •Queensbury, NY 12804 •518-761-8238
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-5-070 (2) & (3)
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply) 0 Setback ❑ Buffer Zone 0 Lot Width 2 Other Height
The following questions reflect the criteria for granting this type of variance. Please complete them; use additional
sheets if needed.
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby property will be created by the granting of this area variance?
No-this is a very densely landscaped property. Along Route 9L, the fence will be behind the existing
arborvitae hedge.The fence will be chain link open. On the south and north sidelines, shrubs will grow
in making the fence invisible.
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?
No -over the years, lights, noise and temporary fencing have been used to discourage deer from
entering the property and destroying the landscaping/shrubbery to no avail.
3. Whether the requested area variance is substantial?
No- due to existing and planned landscaping, the fence, for the most part, will be invisible from off of
the property.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
No -there are no impacts, except to the property of Applicant. The fence will be well camouflaged, so
same will not be visible to adjoining property owners.
5. Whether the alleged difficulty was self-created?
No -the Applicant has no other way of controlling wild deer.The Applicant uses the best means
available to landscape and control stormwater with heavy vegetation, which only makes their property
more attractive to wildlife to use as a feeding station.
Area Variance Revised March 2014 4
Town of Queensbury •Zoning Office• 742 Bay Road• Queensbury, NY 12804 •518-761-8238
•
Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall
include the items as noted below.
A. GENERAL SHEET#
1 Title, Name,Address of applicant& person responsible for preparation of drawing X
2 Deed X
3 North arrow,Tax Map ID,date prepared and scale[minimum 1In.=40 ft.] X
4 Boundaries of the property plotted to scale,zoning boundary X
5 Principal structures,accessory structures with exterior dimensions N/A
6 Site improvements incl. outdoor storage areas,driveways, parking areas,etc.: existing&proposed X
7 Setbacks for all structures and improvements: existing &proposed N/A
8 Elevations and floor plans of all proposed and affected structures See Installer's Materials
B. WATER&SEWER SHEET#
1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms
N/A
proposed
2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site
water supply and septic N/A
3 Separation distances for proposed sewage disposal system to well and water bodies N/A
4 Existing public or private water supply[well, lake, etc.]. Method of securing public or private water, location, N/A
design and construction of water supply including daily water usage
5 Percolation test location and results N/A
C. PARKING/PERMEABLE AREAS SHEET#
1 Number of spaces required for project including calculations and justification: existing&proposed I N/A
2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material NIA
[e.g.,gravel, paved]
3 Provision for pedestrian and handicap access and parking: existing&proposed N/A
4 Design details of ingress, egress,loading areas and cutting: existing&proposed N/A
5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to N/A
remain undisturbed
6 Lighting,location and design of all existing and proposed outdoor lighting N/A
D. ADDITIONAL SITE DEVELOPMENT:AND MISCELLANEOUS
SHEET#
1 On-site&adjacent watercourses,streams,rivers, lake and wetlands N/A
2 Utility/energy distribution system[gas, electric, solar,telephone]: existing&proposed N/A
3 Location, design and construction details of all existing and proposed site improvements including: drains, N/A
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: N/A
existing&proposed
e Signage: Location, size, type,design and setback: existing&proposed N/A
f Waiver Request: provide letter with application requesting any waivers: please reference specific items N/A
g Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading N/A
&Lighting Plans
—
h Identification of Federal, State or County permits required for the project together with a record of application N/A
for all necessary permits
Area Variance Revised March 2014 5
Town of Queensbury•Zoning Office• 742 Bay Road• Queensbury, NY 12804•518-761-8238
L
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Completing
Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part I based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part 1-Project and Sponsor Information
John Breyo, Marilyn Breyo & Aston Goldberg, LLC
Name of Action or Project:
Installation of Deer Protection Fencing
Project Location(describe,and attach a location map):
3430 State Route 9L, 5 Antigua Road &Antigua Road
Brief Description of Proposed Action:
Applicants, individually and as members of the LLC, own 4 parcels in the Town of Queensbury
Centered on the four parcels is their single-family home that they occupy on a part-time basis,which
has extensive landscaping. Each year deer destroy a good portion of their landscaping vegetation.
Name of Applicant or Sponsor: Telephone:
See attached Schedule A E-Mail:
Address:
City/PO: State: Zip Code:
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that x
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval:
X
3.a.Total acreage of the site of the proposed action? 0.94 acres
b.Total acreage to be physically disturbed? -0- acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 0.94 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban ❑Rural(non-agriculture) ❑ Industrial ❑ Commercial g Residential(suburban)
❑Forest ❑Agriculture ❑ Aquatic ❑ Other(specify):
❑ Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? X
b.Consistent with the adopted comprehensive plan? X
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? X
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify:
X
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
X
b.Are public transportation service(s)available at or near the site of the proposed action? N/A
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? N/A
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies: N/A
10. Will the proposed action connect to an existing public/private water supply? NO YES
If Yes,does the existing system have capacity to provide service? ❑NO ❑YES N/A
If No,describe method for providing potable water:
11.Will the proposed action connect to existing wastewater utilities? NO YES
If Yes,does the existing system have capacity to provide service? ❑NO❑YES N/A
If No,describe method for providing wastewater treatment:
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places?
b.Is the proposed action located in an archeological sensitive area? X
X
13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? X
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional
❑ Wetland ❑Urban 0 Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? X
16.Is the project site located in the 100 year flood plain? NO YES
X
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a.Will storm water discharges flow to adjacent properties? El NO ❑YES X
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: El NO ❑YES
Page 2 of 4
Dec 20 13 04:36p p.1
07/09/2014 11:33 Little &O'Connor Attorneys,PC (FAX)5187926972 P.Utl"ESU1IJ
f"i P V OJ 1 or)C..
•
i B.Does the proposed action include construction or other activities that result in the Impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
IfYos,explain purpose and size: X
•
19,Has the site of the proposed action or an adjoining property been the location of an active or closed NO r YES
solid waste management fhcility?
If Yea,describe:
X
20.Has the silt of the proposed action or an adjoining property been the subject of remcdlation(ongoing or NO Y)iS•
completed)for hazardous waste?
If Yes,describe:
X
I AFFIRM.THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE HEST OF MY
KNOWLEDGE
John Breyo&Marilyn Breyo,Individually and as
A'pplicantisr. or n:n e:Members of Aston Goldberg,LLC Date: July 9, 2014
Slgnetu _... L • I s11! ■., (` 7j
i'arl 2-impact Assessment. The Load Agency Is responsible for the completion of Part 2. Answer all of the following
questions in Part2 using the information contained in Pert 1 and other materiels submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my
responses been reasonable`eonsidering the scale and context of the proposed action?"
.- . . • . No,or Moderate
"" small to Ierga
; • ` �> impact impact
may
OeCUT
I. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulellons?
2, Will the proposed action result In a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area(CEA)?
- 1
1 .5. Will tiro proposed action result in an adverse change in the existing level of traffic or
effect existing In&astruoture for mesa transit,biking or walkway?
6, Will the proposed action cause an Increase in the use of energy and it fails to Incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a..public I private water auppllos?
b.public/privateweatewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic,archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an advetst:ehange to natural resources(e.g.,wetlands,
woterbodies,groundwater,air quality, flora and fauna)?
Page 3of4
•
•
•
No,or Moderate
small to large
impact impact
may may
occur occur
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
1 I. Will the proposed action create a hazard to environmental resources or human health?
Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every
question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.
Part 3 should,in sufficient detail,identify the impact, including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact
may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,
g
duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and
cumulative impacts.
•
r] Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
o Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Name of Lead Agency Date
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)
Page 4 of 4
Dec 20 13 04:36p
p.2
07109/2014 11:35 Little&O'Connor Attorneys,PC (F45187926972 P.u03.1010
- S PkreCk. Varian CfQ..
Signature Page
This page Includes the 1.)Authorization to Act as Agent Form: 2,) Engineering Fee Disclosure; 3.)Authorization for Slte
Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure end 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: John Breyo,Marilyn Breyo, Individually&as Members of Aston Goldberg, LLC
- Designates: Michael J.O'Connor,Little&O'Connor Attorneys, P.C.
As agent regarding: X Variance X Site Plan Subdivision
For Tax Map No.; 239.17 Section 1 Block 1,2,3&4 Lot
- Deed Reference: Book Pege Dots *See attached S • •• ,
OWNER SIGNATUR-.'.• ®:' s .Y a ,'a '1Vl I...t. • " DATE: Jul 9 2014 •.f1 .1.i /, {=>::'
- I_e
APPLICANT'S AGENT FoRM:
Complete the following if the APPLICANT Is unable to attend the meeting or wishes to be re resented by another party:
Owner: John Breyo,Marilyn Breyo, IndividualTy&as Members oT Aston Goldberg,LL
Designates: Michael J.O'Connor, Little& O'Connor Attorneys, P.C.
As agent regarding: X Variance X Site Plan SubdIVision
For lax Map No.: 239.17 Section 1 Block 1,2,3&4 Lot
Deed Reference: Book Page Dale*See attached . .r k rr,�+
APPLICANT SIGNATURE..-)--L! '_,0 VA . rii .__.e._ DATE: July 9, 2014 a ...,'._
2.) ENGINEERING FEE DISCLOSURE: Application° may •> e erred o e Town consulting engineer for review of septic design,
storm drainage, etc, as determined by the Zoning or Planning Departure t. Fees for engineering review services will be charged
• directly to the applicant. Fees for engineering review will not exceed 8 1,000 without notification to the applicant_
ft.) AUTHORIZ,ATiON FOR SITE VISITS: By signing this page and submitting the application materials attached herein,the Owner,
Applicant, and hie/her/their agents) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject
prope:lies for the puipose of reviewing the application submitted.
4.)'OTHER PERierr RESPONSIBi1.CFlES: 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 reeponsibilily to obtain any additional permits.
•
5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Deportment to have a designated
stenographer tape record the proceedings of meetings resulting from application,and minutes transcribed from those tapes conetlttrtes
the official record of all proceedings.
6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned. have thoroughly read and understand the
instructions for submission and agree to the submission requirements, I acknowledge no construction aclll/Mee shall be commenced
prior to Issuance or a valid permit. I certify that the application, plans and supportting matedale are a true and complete
etatementrdescriiition•of the existing conditions and the work proposed, and that all work will he performed in accordance with the
eppruved plans end in conformance with total zoning regulations. I acknowledge that prior to occupying the facilities proposed.I or my
agenie,will obtain a certificate of occupancy as necessary. l also understand that Itwa may be required to provide an ee-built survey by
a licensed land surveyor of alt newly constructed facilities prior to issuance of a certificate of occupancy
I have read and agree to the above. John Breyo, Marilyn Breyo,
�°• Individually&as Members of r7e
a mil) Aston Goldberg,LLC July 9, 2014 r.�> a tfy.4
signature[Appllcan J f y'ifint Name[Applicant) Date signed •
signature[Agent] Print Name[Agent] Date signed
Area Valence Revised March 2014 7
Town of Queenabury•Zoning Office•742 Bey Road•Qusenseury,NY 12804•518-781-823e
SCHEDULE A
TAX MAP PARCEL 239.17-1-1 (3430 State Route 9L)
Applicant Name: John Breyo
Address: 51 Winding Brook Drive
Saratoga Springs, New York 12866
Work Phone: (518) 381-9596
(Deed — Bk 1407/Pg 216)
TAX MAP PARCEL 239.17-1-2 (5 Antigua Road)
Applicant Name: Marilyn Breyo
Address: 51 Winding Brook Drive
Saratoga Springs, New York 12866
Work Phone: (518) 381-9596
(Deed — Bk 1045/Pg 102)
TAX MAP PARCEL 239.17-1-3 & 4 (0 Antigua Road)
Applicant Name: Aston Goldberg, LLC
Address: 167 Wolf Road, Suite 211
Albany, New York 12205
Work Phone: (518) 381-9596
(Deed — Bk 4877/Pg 46)
Queensbury Area Variance&Site Plan Review Applications
.. .._J��.i�::�_.: AFSCO FENCE SUPPLY INC.
KO Ft LIMN•• CO.,
AFSCO Latham,NY 12110 Queensbury,NY 12804
(518) 783-0395 (518) 792-7076
Job Name: ,1"o A etc 7 o 6_1/_,Y
Date:
Job #: Phone:
Address: 3 A"p ,Pe< Work:
116 40,1 r 4/Y /zsYs Cell:
Contact: 0d 4^' /Jr e y 0 Salesman:
UFPO# CUSTOMER CALLED:
LEGAL: LAYOUT COMPLETE: Y/N
Type of Fence: c4Qr`�
Notes:
Height of Fence: Y g
v,veft-7'e al! 0.04,r %N pi4(f
Fabric: ❑ K-UP ❑ T-UP Type Line Posts:
o.awe
WATER ON SITE: ❑ YES
00cr{Iwi PRIVATE TE UTILITIES:
❑ NO , A \y,
HER. will 77 s�
9K1A Y144Fn ❑ ELECTRIC
POWER ON SITE:❑ YES So So
Sc r„- (.4,„ is Y �
❑ SPRINKLER NO
TEMP FENCE: ❑ YES ❑ WATER
❑ NO As- Arvbs ho( �+rtruJ ✓ e Ciiar'.v
FSN(. will r,.l7:�I ..t4(;t i7` /1.."v.;:Fat,. ❑ PHONE
CLEARING:
❑ NONE ZQY7 Zr' ❑ CABLE
❑ BY CUSTOMER
❑ SEWER
❑ BY AFSCO
❑ GAS
REMOVALS:
❑ NONE ❑ POOL LINES
❑ LEAVE ON SITE
O BRING BACK y3' FINAL LAYOUT
APPROVED AND
UTILITIES
ILITIES GRADE;
Lt p,Ar4ay 23' CATED:
❑ FOLLOW GRADE , M
Y
❑ STEP f0� lgor Yo' Jo' rr'
❑ KEEP STRAIGHT CUSTOMER
• KEEP LEVEL
Draw:.1 Atals 7a St4la Xr
DATE
JOB COMPLETED BY: DATE:
•
CUSTOMER: -- DATE:
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POLYKOTE Information
Physical Properties POLYKOTE Color POLYKOTE Manufacturing Process:
> Five stage wash 8 pre-treatment system,including a
Fence Framework is manufactured from high • multi-metarphosphate conversion coating
> Dr/off oven
tensile steel and cold-formed for exceptional > Electrostatic application of high-performance
outdoor polyester powder
strength. > Infrared and convenlionaLoven cure
POLYKOTE Test Performance:
Superior Corrosion Resistance After the i > Salt Spray Test as per ASTM B-117
> Weatherometer as per ASTM G155.
Flo-Coat"process, a three mil coating of i > Adhesion as per ASTM D3359 _
! Film Thickness of POLYKOTE: '
high-quality color polyester is applied and > 3 mils of high performance outdoor polyester
heat set. i Warranty:
1 > 15 years-POLYKOTE will not crack,blister,flake or craze under normal use
Durable Finish The result is a durable t, Environmentally Responsible Allied Tube&Conduit uses environmentally friendly
finish that will retain its beauty for to i powder and pretreatment chemicals.No toxic heavy metals,chlorinated organics or
y years I organic solvents are used in the production of POLYKOTE.POLYKOTE fence is
come, under even the most severe conditions. recyclable.
Specification Compliance SS 20',SS 30° Allied Tube&Conduit Corporation makes no warranties expressed or implied
I and SS 40° POLYKOTE is manufactured in including warranty of merchantability or fitness for a particular purpose. The
specifications,descriptions.information and illustrated materials herein are
compliance with ASTM Fl043. All square submitted solely for evaluation by others and since the use of its information is not
ornamental profiles are manufactured in within it's control,Allied Tube&Conduit Corporation assumes no obligation or
liability for such information and does not guarantee results from the use of said
compliance with ASTM 2408. products or the information herein. Reference should be made to the original or
primary source data along with standard accepted industry practice. The material
herein is as of the dale of publication and is subject to change without notice.For
certification see contact information.0 Allied Tube&Conduit Corporation
7ECTION
t ' j .4;x s ,:4F .s.; P O L Y K O T E,.
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equency Zinc Bath H2O Bath Sizing Conversion Clear Topcoat Coaling Cure Tube POLYKOTE Packaging
-leafing Coating Cut-to-Length
www.atcfence.com
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Fence Framework & Perimeter Security Products Catalog
SS 30® - High Strength Fence Framework
A domestic product designed for the Heavy Commercial and Industrial Market
SS 30 benefits from three SS 30 continues the Allied Tube
decades of advancement in coating tradition of providing quality,
technology pioneered by SS 40°. service, and performance to the
Allied Tube's innovative application fence industry. Inspired by the high-
process provides the same level of strength performance of SS 40 and
Galvanization and zinc-rich interior with the identical triple layer of
in the same quality controlled corrosion protection, SS 30 has a
vt
manner.The result is a triple eater- bending moment exceeding that of Y , 1 `_ '
nal coating consisting of 1.0 oz/ft2 Schedule 40 and meets the coating ..,,,.4.-:,,,-` :s
± .1 oz/ft2 of zinc,a conversion requirements of major federal and
coating of 30 micrograms/in2 state agencies. , v -4 - „,,ix
1 • ± 15 micrograms/in 2,and a ;'. v £z
clear organic coating.The internal Available in super long 38ft. lengths, y .1,-1-..."
coating has a minimum of 90%by and in Polykote polyester color
weight zinc powder loading capable coats.
of providing galvanic protection.
SS 30's strength and coatings Allied Tube's SS 30 fence
exceed the provisions of ASTM F pipe is ready to fulfill its role
1043, Group IV Standard as the quality domestic �w.'
Specifications for Strength and alternative to standard pipe. * "' .r .
Protective Coatings on Steel -- -` '"FI,`
4- "' art :..
Industrial Chain Link Fence • Perfect for the Commercial/ ---u~ri € ;r s Framework Industrial Fencing k - r
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, ,Marketplace -�"�,: a
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SS 30 is manufactured in the • Stronger than Schedule 40 Y . , fC n t" € . ,
United States. It has greater . ,y
• Outperforms Schedule 40 - i r ,q t3�
strength and outperforms standard in ASTM B 1 J7 Salt Spray ' ` 'll
weight pipe in independent salt ��;z r f ''� °
Tests
spray testing. "� ;t `, ;4 2 z
• Domestically Manufactured t 'V „t :
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r?1,1,v'^b�`t�ft'� : fir+ srv• ' hp k;,� . if t' 1!.....,r •>tt+..x:
A I I i e d SS 30 `vs . Sch,e.duI,az!�4,0:,Co�Cmp_:ari�so ,,Nha , j_ l
•Type Outside Pipe Wall Thickness Weight Galvanized Section Yield Bending Bending'
Dimensions Modulus Strength Moment Strength
(in) _ (mm) (in) (mm) (lbs t ft) (kg 1 m) (inches') (p.s.i.) (lb.in.) (Ibs)
POST 0.D. I ( I 6'Cantilever
1-7/8"0.0. SS 30 1.900" 48.30 .105" I 2.66 2.01 2.99 0.2519 50,000 12,595 175
1-7/a 0.D. Sch 40 1.900' 48.30 .145" 3.68 2.72 4.05 0.3262 30,000 9,786 136
2=/s"0.0. SS 30 2.375" 60.30 .115" 2.92 2.78 4.13 0.4402 50,000 22,006 306
2-3/s O.D. Sch 40 2.375' 60.30 .154' 3.91 3.65 5.44 0.5606 30.000 16,818 234
2--7I8"0.0. S5 30 2.875" 73.00 .125" 3.18 3.66 5.44 0.7116 50,000 35,580 494
2-'/8'0.0. Sch 40 2.875' 73.00 .203' 5.16 5.79 8.62 1,064 30,000 31,920 443
3-'/2"O.D. SS 30 3.500" 88.90 .145" 3.68 5.20 7.74 1.231 50,000 61,550 855
3-1/2 0.0. Sch 40 3.500' 88.90 .216' 5.49 7.58 11.29 1.7241 30,000 51,723 718
4"D.D. SS 30 4.000" 101.60 .145' 3.68 5.98 8.90 1.6338 50,000 81,690 1134
4'O.D. Sch 40 4.000' 101.60 .226" 5.74 9.11 13.57 2.394 30,000 71,816 998
TOP RAIL 10' Free Supported
1-5/s"0.0. SS 30 1.660" 42.20 .095" 2.41 1.59 2.36 0.173 50,000 8,650 288
1-'/a'O.D. Sch 40 1.660' 42.20 .140' 3.56 2.27 3.38 0.235 30,000 7,050 235
6 www.atcfence.com
259 . ►-7 - 2-- c -&- 239 ,i i - I I
WARREN COUN TY CLERK DOCUME DOCUMFNT VALIDATION STAMP
1340 STATE ROUTE 9 DOCUMENT Y ii:u TYPE' DEE
LAKE GEORGE, NY 12845 GETT: 676 t.tin
(518) 761-64261(518) 761-6429
n9/23/20u4 10-38•04 A.M.
RErEIPT• 15821
RFCORDING COVER SHEET' FAMELA J VOGEL
WAFREN COUNTY (LERY
VOL DE LIBEF• 14'17 PAGE: 216
EMI' INI I IALS
COVER PAGE($5 00)
#OC 11 LMS @$3 00 ! MORI GAGE TAX Si AMP
ATTACI IMEN1 S I do hereby certify that I have received
/ on the within instrument S being the
#Of PAGES 10 VALIDATE J amount of Mortgage Tax paid and $
special additional Tax and $
ADDITIONAL FEE addilional tax at the lime of recording
ADM FIONAL NAMES Dated
PAMELA J VOGEL
TOWN Zak ,Z7Qo RECORDING OFFICER
WARREN COUNTY NY
DOCLIMENI IYPI. am'
CONSIDERATION .e---
Please Fill in blanks below before submilting for recording PAGE VALIDATION
. Party(ics) of the First Part ��� ,\A}� %._tiL '�4
Party(ics)of the Sct.ond Pail T'%\;,k 4. V .-.? Q H O
W0
me
RECORDED I RECORDING STAMP 733
R , RA V4--- ' 4\
LIBER...._GE 411 ti
RE['URN FO PAGE - ±,40 i L'Ammo
VI`6 I IL• ,`rt 1J 'r Y.N Y t•+
El
,n (\�� A e1 ! 7>
04 SEP 23 MI 10 38 m 0
l' \_ 630 s Q t e_ i.
' II
RECORDED a
DOCUMENT = 113004
ENDORSEMENT 'Agf R : 14 0 7 PAGE _ `'1 7
Warren County Clerk
Warren County Municipal Center
Route U.S 9
Lake George, NY 12745
Document Type: Warranty Deed
Parties to transaction.
(From) Marilyn Breyo
(To) John Breyo
Return To Gary L. Lombardi
III Winners Circle
Albany, NY 12205
IMPORTANT
This sheet constitutes the Clerk's endorsement, required by Section 316-A(5) of the Real
Property Law of the State of New York. DO NOT DETACH. Upon recording, this
page becomes part of the document.
DOCUMENT 11304
LIBER : 1407 PAGE = 21�
WARRANTY DEED
-'I
THIS INDENTURE, made this L5-- day of September, 2004, between
MARILYN BREYO, residing at 18 Summerfield Drive, Saratoga Springs, New York,
party of the first part, and
JOHN BREYO, residing at 18 Summerfield Drive, Saratoga Springs, New York,
party of the second part,
WITNESSETH, that the party of the first part, in consideration of ONE AND 00/100
DOLLAR($1 00) lawful money of the United States, and other good and valuable consideration,
paid by the party of the second part, does hereby grant and release unto the party of the second
part, his heirs and assigns forever,
SEE SCHEDULE "A"ANNEXED HERETO AND MADE A PART HEREOF.
Further subject to all enforceable covenants, conditions, restrictions and easements of
record, if any, as they may affect the above-described premises
Being the same premises conveyed by deed from Jeffrey M Killeen and Judith M
Killeen, as Trustees of the Jeffrey M Killeen and Judith M Killeen Revocable Trust under
Agreement dated December 15, 1999 to Marilyn Breyo dated July 10, 2004 and recorded in
the Warren County Clerk's Office on July 21, 2004 in Liber 1395 of Deeds at Page 101
Together with the appurtenances and all the estate and rights of the party of the first
part in and to said premises,
To have and to hold the premises herein granted unto the party of the second part, his
heirs and assigns forever
And said party of the first part covenants as follows
First, that the party of the second part shall quietly enjoy said premises,
Second, that said party of the first part will forever Warrant the title to said premises,
Third, that, in Compliance with Section 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
same for any other purpose
IN WITNESS WHEREOF, the party of the first part has duly executed this deed
the day and year first above written
IN PRESENCE OF DOCUMENT
LIEEE = 1407 F AGE = 219
IA ! . 0 LS
MARILYN I ' .'y0
STATE OF NEW YORK )
COUNTY OF SARATOGA) ss
On the 15th day of September in the year 2004 before me, the undersigned, personally
appeared MARILYN BREYO, 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 she executed the same in her capacity, and that by her signature on the
instrument, the individual, or the person on behalf of which the individual acted, executed the
Instrument
Notary Public
RECORD & RETURN TO s„. Er,6;,rAnr „
CARY L LOMBARDI COMMIMION EXPICIFS_ _,cd2 z 6
III WINNERS CIRCLE 471?908
ALBANY, NY 12205
r\WP\LOCKESL0\1BARDI\DEEDS\HREN 0 KIL
DOCUMENT = 11304
LIBER - 1407 PAGE : 220
SCHEDULE A
ALL THOSE CERTAIN LANDS and premises with the building thereon, hereinafter particularly
described, situate in the Town of Caldwell, Warren County, New York, known as Lot No Six 16)
on a map of"Plum Point"filed in the office of the Clerk of the County of warren on the 12th
day of July, 1925
COMMENCING at an iron pin on the northwesterly side of the highway, leading to Lake
George Village, as shown on said map, which point is also the northwesterly corner of Lot
No 6, running thence northwesterly in the division between lots 6 and 7, to Lake George,
intersection an iron pin set in the ground approximately eleven (11)feet northeasterly from
the shore of said Lake George, thence southwesterly along the shore of said Lake George
approximately ninety-eight(98)feet, which point is approximately seven(7)feet
northwesterly from an iron pin set in the ground, on a line protracted southeasterly from
said iron pm, thence southeasterly along the division line between lots 6 and 5 to an iron
pin set in the ground on the northwesterly side of the highway referred to, thence
northeasterly along the northwesterly side of said highway approximately one hundred two
and nine-tenths (102 9) feet to the place of beginning
The aforementioned premises are shown on a certain survey entitled"Map of a Survey of
Lands for Robert and Lynn Knarr"situate in the Towns of Lake George and Queensbury,
County of Warren, State of New York, dated May 24, 1990 and made by D. L. Dickinson
Associates, Surveyors and Engineers of Lake George, New York,which map is intended to be
filed in the Warren County Clerk's Office June 11, 1990 in Plat Cabinet A, Slide 1-153 and is
more modernly described as Follows-
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in the Towns of Lake
George and Queensbury,warren County, New York, more particularly bounded and described
as follows
BEGINNING at an iron pipe found in the northerly boundary of New York State Route 9L Which
point marks the southeasterly corner of the premises conveyed hereunder and the
southwesterly corner of lands now or formerly of Paul L and Bonnie Aarons (Book 673 Page
554) and running thence from said point of beginning along the northerly boundary of New
York State Route 9L, South 72° 11' 20"West, 102.56 feet to a point marked by an iron pipe
found at the southwesterly corner of the premises conveyed hereunder and the
southeasterly corner of lands now or formerly of Richard S and Carolyn A Morris;thence
North 31° 37'05"West, along the easterly boundary of said lands now or formerly of Morris,
185.7 feet to a capped iron rod near the shore of Lake George, thence continuing on said
course of North 31° 37'05"West to the shore of Lake George; thence running in a
northeasterly direction along the shore of Lake George as the same winds and turns,for a
distance of 98 feet, more or less, to a point, thence South 32° 50'40"East, to a "v"cut in a
wall near the shore of Lake George, which point is located northeasterly on a course of
North 70° 10' East, 97 57 feet from the aforementioned capped iron rod located near the
shore of Lake George in the westerly boundary of the premises conveyed hereunder;thence
continuing on said course of South 32° 50'40" East along the southwesterly boundary of the
aforementioned lands now or formerly of Aarons, 190 29 feet to the point or place of
beginning
Together with all right, title and interest of the grantor herein in and to those premises
lying between the northerly boundary of the premises described above and the mean high
water mark of Lake George, and between the southerly boundary of the premises herein
and the center of New York State Route 9L
• Z! •t1 - 2 - -7' --+ 259. 17- C _ Z
r WARREN COUNTY CLERK •
y `;'.:#
h - RECORDING COVER SHEET
. 006851 ):::
EMP, INITIALS 1 INSTRUMENT / _.- 1r
±
a - (. ,7 S,
1 N0. OF PAGES V
TYPE OF ppC, /iC�
,� ADDTL. 'FEE
TOW tuft+ • .
;A ADDTL. NAMES �q'I
�
N r i
4 TRANSFER TAX AMT. $ D 1 •,:;
�i * MORTGAGE Alff. ;
u: •* }' '''
* MORTGAGE TAX I •
H TRANSFER TAX STAMP
MORTGAGE TAX STAMP
* u
*
RECEIVED * t ,
REAL� T/�TE •
r`�'.+ DEC - 1 1997 �` _;
1
i
TRANSFER TAX * - 4.
WARREN COUNTY • * ••
•
Please fill in blanks below before submitting for recording.
F GRA ;
NTOR/MORTGAGOR/ASSIGNOR �,JO h n LI and r J h ,31-f O •
GRANTEE/MORTGAGEE/ASSIGNEE I a r I I!r }1 trt L A O '
RECORDED BY: Lomb rno�U.I !t(341( 0vl/ 04241/1111111111111111111111111111111/111 I.
y�'i�� r"� t / RECORDING STAMP
RETURN TO: / L!'•E„ OLOi
•
• / PAG J.1baf,hD EXAMINED
LAW ornaS°r 1:.`.R;c)!COGIIiY.N.Y.
LOMBARDI,REINHARD,WALSH 8 HARRISON,P.C. / CARYL::.CL„::5.CLERK
III WINNERI CIIICI! [�`} /� All C
I '''.6.4.''''.`.121T.''.1"!. — 7l DEC-I HII II:J I
/
iI /
/ RECORDED
Upon recording this page becomes a part of the / :�
document. (43.00) / i
•
/ .6
1
1 { :I
•
?� I' •
•
III .
•
�'
•
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•
•
• 19 { c am, .. .a .77,• .ri7:-." T-+'r7:—+...l.._ , .- " ,
tt.;,' •- • .
, t..
i l• 1
WARRANTY DEED --;
1
Il
. THIS INDENTURE, made this 194day of 14o.fa,,,i r— , 1997, betwet:n . t,'.
,I
. . JOHN BREYO and MARILYN BREYO,residing at 18 Summerfield Drive, Saratoga '1
Springs, Ncw York,
• parties of the•first part, and . m �'�;.i
•MARILYN BREYO,residing at 18 Summerf eld Drive, Saratoga Springs, New York, v '. :;
•
. r f• 'I
party of the second part, t ';
WITPjESSETJI, that the parties of the first part, in consideration of ONE AND 00/100 O {
DOLLAR($1.00)lawful money of the'United States,and air good and valuable consideration, j
paid by the party of the second part,does hereby grant and release unto the party of the second '.
Y
part,her heirs and assigns forever, <
I. ,•
ALL THAT PIECE, PARCEL OR LOT OF LAND, situate, lying and being in the
Town of Queensbury and Caldwell now Lake George, County of Warren and Bute of New
I York,bounded and described as follows:
1
BEGINNING at an iron pipe found in the ground which marks the intersection of a E: .I
icertain 33 foot wide right-of-way to Plum Point and the westerly bounds of New York State t
Highway Route 9L,and which marks the southeast corner of Lot No.7 shown on "Map of Plum
Point Lake George,New York"filed In the Warren County Clerk's Office on July 12, 1923 in
Drawer 12 Folder 2,:and running from said point of beginning North 370 15' West fora 1
distance of 190.40 feet along the division line between Lot Nos. 6 and 7 as shown on said map;
to an iron pipe found in the ground; running thence North 490 23'40" East for a distance of {
93.40 feet to an Iron pipe found in the ground, which pipe marks the northwest corner of Lot
No.7 and the southwest corner of Lot No. 8 as shown on said map; running thence North 390
•
58'45"East for a distance of 94.40 feet to a point which marks the northwest corner of Lot
No.8 and the southwest corner of Lot No.9 as shown on said map; running thence North 280
•• 08'45"East for a distance of 48,22 feet to a fence post found in the ground which post marks
the northwest corner of the parcel herein described; running thence South 660 18'East for a
11:. .;...
distance of 192.85 feet, passing through an iron pipe found in the ground marking the division
• line between the Town of Lake.George and Town of Queensbury, to an iron rod set in the
ground In the westerly line of said right-of-way,and which rod marks the northeast corner of
t
•
he parcel herein described;running thence South 260 54'30" West for a distance of 61.35 feet •
along the westerly bounds of said right-of-way to a point which marks the southeast corner of
Lot No.9 and the northeast corner of Lot No, 8 as shown on said map; running thence South
370 24'West for a distance of 142.15 feet along the westerly bounds of said right of way to a
point,which marks the southeast corner of Lot No.8'and the northeast corner of Lot No.7 as
shown on said map;running thence South 510 03'40" West for a distance of 130.55 feet along
' the westerly bounds of said right-of-way to the point or place of beginning. Parcel containing
1.26 acres of land,more or less.
. TOGETHER with such right, title and interest as the grantors may have in and to the
lands lying between the westerly line of the parcel herein described and the low water mark of
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Further subject to all enforceable covenants, conditions, restrictions and easements of ' '�i
record, if any,as they may affect the above-described premises.
:;-'_-
• Being the same premises conveyed by deed from Paul L.Aaron and Bonnie L.Aaron,
:i his wife,to John Breyo and Marilyn Breyo,his wife,dated September 20, 1995 and recorded ?.')1
'd in the Warren County Clerk's Office on September 21, 1995 in Book 957 of Deeds at Page 283. ;4 1
�Am Together with the appurtenances and all the estate and rights of the parties of the first • =
part in and to said premises, I:! -1
i ;o To have and to hold the premises herein granted unto the party of the second part,her
'1 • m heirs and assigns forever. sj
:I • 0 And said parties of the first part covenant as follows:
First,that the party of the second part shall quietly enjoy said premises; I .
Second,that said parties of the first part will forever Warrant the title to said premises;
Third,that,in Compliance with Section 13 of the Lien Law, the grantor will receive the 1 _:
1 consideration for this conveyance and will hold the right to receive such consideration as a trust
fund to be applied first for the !:=4
pp purpose of paying the cost of the improvement and will apply the r•H-
l, same first to the payment of the cost of the improvement before using any part of the total of 1..'-''
• the same for any other purpose. {
' IN WITNESS WHEREOF, the parties of the first part have duly executed this deed
• the day and year first above written.
•• IN PRESENCE OF
qatt.t 3(e L.S.• i
. JOHN BREYO
U p
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' L.S. •
•
MARILY BREY
i
• • STATE OF NEW YORK )
•
COUNTY OF ALBANY ) SS.: •
•
•
•
On this 1 q day of ll/e,,4.ar 1997 before me, the subscriber, personally
appeared JOHN BREYO and MARILYN BREYO,to me personally known and known to me
to be the same persons described in and who executed the within Instrument, and they duly,
severally acknowledged to me that they executed the same.
Nona ublic
i RECORD&RETURN TO: I3ARY1.-LOMMAIDI
•
GARY L.LOMBARDI Notary WNk,SWed Haw York
III WINNERS CIRCLE Ouo1104inA P count,'
ALBANY,NY 12205 rp W 09.t
• F:I WPLLOCK OLOSIDARD nDEEDSNREYO.MAR
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1.-05- WARREN COUNTY— STATE OF NEW YORK `-fit
7URFa A+Wf N V,
4 , ,,`..R;;'� PAMELA J.VOGEL,COUNTY CLERK J
1340 STATE ROUTE 9,
'.
.Q: LAKE GEORGE, NEW YORK 12845
-0s < it
COUNTY CLERK'S RECORDING PAGE
***THIS PAGE IS PART OF THE DOCUMENT-DO NOT DETACH***
Recording:
Cover Page 5.00
Recording Fee 40.00
cultural Ed 14.25
Records Management - Coun 1.00
Records Management - Stat 4.75
Additional Names 0. 50
BOOK/PAGE: 4877 / 46 TP584 5.00
INSTRUMENT #: 2013-8794 RP5217 - County 9.00
RP5217 All others - State 241.00
Receipt#: 2013314999
Clerk: CL Sub Total : 320. 50
Rec Date: 10/23/2013 01: 29: 32 PM
Doc Grp: RP Transfer Tax
Descrip: DEED Transfer Tax - State 5040.00
Num Pgs: 5 Mansion Tax 12600.00
Rec 'd Frm: STEWART TITLE
Sub Total : 17640.00
Partyl: PICKETT DANIEL T III
Party2 : ASTON GOLDBERG LLC
Town: QUEENSBURY Total : 17960. 50
LAKE GEORGE * * NOTICE: THIS IS NOT A BILL * *
AA--a Transfer Tax *****
Transfer Tax #: 599
Transfer Tax
Consideration: 1260000.00
Transfer Tax - State 5040.00
Mansion Tax 12600.00
Total : 17640.00
WARNING***
I hereby certify that the within and foregoing was
recorded in the Warren County Clerk's Office, State
of New York.
Record and Return To: This sheet constitutes the Clerks endorsement
required by Section 316 of the Real Property Law of
the State of New York.
LOMBARDI WALSH WAKEMAN
111 WINNERS CIRCLE
ALBANY, NY 12205 Pamela J. Vogel
Warren County Clerk
��(lJ THIS INDENTURE, made this l day of October, Two Thousand and
Thirteen,
ec BETWEEN
V 404
4p DANIEL T. PICKETT, III and JANINE M. PICKETT,residing at 52 Mann Boulevard,
^
V' Clifton Park,New York, parties of the first part,
1� and
ASTON GOLDBERG,LZC,A ew ork Limited Liability Compan Having a business
address of 167 Wolf Road, Suite 211,Albany,New York,party of the second part,
WITNESSETH, that the parties of the first part in consideration of One and 00/100
DOLLAR ($1.00) lawful money of the United States, and other good and valuable consideration
20 / paid by the party of the second part, do hereby grant and release unto the party of the second part,
his heirs,successors and assigns forever
ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND,with the buildings and
improvements thereon, situate, lying and being in the Town of Queensbury and Lake George,
County of Warren and State of New York, more particularly bounded and described on Schedule
"A"annexed hereto.
THIS conveyance is made subject to easements, conditions and restrictions of record
insofar as the same may lawfully affect the property.
BEING the same premises conveyed by Joseph J. Nichols and Eileen Nichols to the parties
of the first part by deed dated the 26th day of June, 2009 and recorded in the Warren County
Clerk's Office on the 2nd day of July, 2009 in Book 3815 of Deeds at Page 25.
TOGETHER with the appurtenances and all 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, successors and assigns forever.
AND said parties of the first part covenant as follows:
FIRST that the party of the second part shall quietly enjoy the said premises;
SECOND, that said parties of the first part will forever WARRANT and defend the title to
said premises;
THIRD, that in compliance_with Section_13 of_the Lien Law, the grantors 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 improvements and will apply the
same first to the payment of the cost of the improvements before using any part of the total of the
same for any other purpose. - ---
IN WITNESS WHEREOF the parties of the first part have executed this deed on the day
and year first above mentioned.
l 4 DANIEL T. PICkg4,III /
Xi( '
J E M. PICKETT, by her agent D _ iel T. Pickett,III
ccU�� r
/7 7L�`1
STATE OF NEW YORK )
COUNTY OF '� ;. _) ss.:
On the f$Aay of October, 2013, before me,the undersigned,personally appeared
DANIEL T. PICKETT, III,personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within Instrument and
acknowledged to me that he executed the same in his capacity,and that by his signature on the
Instrument,the individual, or person upon behalf of which the individual acted, executed the
Instrument.
Notary Public, State of New York
RECORD&RETURN TO: MATTHEW JAMES CHAUVIN
Notary Public.State of New York
Qualified in Saratoga County
No.02CH628082
Commission Expires May 6,20�
r
SCHEDULE A
PARCEL I
ALL THAT CERTAIN PLOT,PIECE OR PARCEL OF LAND,with the buildings and improvements
thereon erected,situate, lying and being in the Towns of Queensbury and Lake George. County of Warren
and State of New York,and bounded and described as follows:
BEGINNING on the shore of Lake George at the southwest corner of premises conveyed by Robert
— Rheinlander-to-Daniel-H.Cowles,-by deed-dated-the 30th-day-of-March,1929,-recorded-in-the Warren -
County Clerk's Office on April 3, 1929,in Book 179 of Deeds at page 330.which said point is the
northwest corner of premises owned now or formerly by Hallenbeck;
running thence South 67°23'East and along said Hallenbeck's northerly line to an iron pipe set in the
ground for a marker near the shore of Lake George and continuing on said course and along said
Hallenbeck's northerly line, 206.46 feet to an iron pipe set in the ground for a marker;
running thence North 28° 15'East, 50.24 feet to an iron pipe set in the ground for a marker;
running thence North 67°23'West,201.39 feet to an iron pipe set in the ground for a marker and
continuing on said course,7 feet,more or less,to the shore of Lake George;
running thence southerly along the shore of Lake George, 50 feet,more or less,to the point or place of
beginning,being the northerly half of Lot 9 and a portion of the southerly part of Lot 10 as shown on a
Map of"Plum Point",filed in the Office of the Clerk of the County of Warren on the 12th day of July,
1923.
TOGETHER with a right of way for pedestrians,vehicles and all purposes of right of way to be used in
common with others over, along and across a roadway lying next easterly of the premises herein conveyed
and extending southerly to the State Highway.
TOGETHER with all right,title and interest of the party of the first part in and to any lands lying between
the westerly boundary line of the said right of way and the premises herein conveyed.
PARCEL 11
ALL THAT TRACT,PIECE OR PARCEL OF LAND situate in the Towns of Queensbury and Lake
George,Warren County,New York,being a 10 ft wide parcel of land northerly and adjacent to lands now
or formerly of Harold Armstrong,easterly of Lake George and being further bounded and described as
follows:
BEGINNING at a point on the westerly side of a right of way for ingress and egress (leading to and from
N.Y.S.Route 9L),said point being the northeast corner of lands now or formerly of Harold Armstrong and
runs thence along the northerly line of Armstrong,North 67°23'West,201.39 feet to the easterly shore line
of Lake George;
thence northerly along the easterly shore line of Lake George(as it winds and turns)about 10 feet to a
point; ---- - -- -
thence through lands now or formerly of James Leo McGrane, South 67°26'East,about 7 feet to a point;
•
thence South 67° 26'East,202.39 feet to a point in the westerly side of a right or way for ingress and egress
to and from N.Y.S.Route 9L;
thence along the westerly side of said right of way, South 28° 15'West 10.22 feet to the point or place of
beginning.
The above parcels are more modernly described as follows:
All that certain piece or parcel of land situate,lying and being in the Town of Lake George and the Town
of Queensbury, County of Warren and The State of New York being more particularly described as
follows:
Beginning: at a capped rod found at the southeast corner of lands of Nadler(1256/227) and the westerly
bounds of a 33'private right of way known as Antigua Motel Road. Said point being the northeast corner
of the parcel herein described.
Thence running S28°15'W,along the westerly bounds of Antigua Motel Road,60.46 feet to a capped rod
set.atthemortheast_corner_of lands ofBrey_o(1045/_102)._.___
Thence running N67°23'W, along the northerly bounds of Breyo(1045/102),203.96 feet to a threaded iron
bolt set.
Thence continuing N67°23'W,along the northerly bounds of Breyo(1045/102),2.51 feet to the easterly
shore of Lake George.
Thence running in a northerly direction along the easterly shore of Lake George, 601 feet to a point on the
southerly bounds of lands of Nadler(1256/227).
Thence running S67°26'E,along the southerly bounds of Nadler(1256/227),71 feet to a capped rod found,
said capped rod being N29°44'50"E,a tie line distance of 60.46 feet from the threaded iron bolt set.
Thence continuing S67°268, along the southerly bounds of lands of Nadler(1256/227),202.39 feet to the
point and place of beginning.
•