ApplicationArea Variance [ZBA approved: November 15, 2019]
General Information
Tax Parcel ID Number: ____________________
Zoning District: ____________________
Detailed Description of Project [include current & proposed use]:
Location of Project: _______________________________________________________________
Applicant Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-Mail: FAX No.
Agent’s Name: Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Owner’s Name Mailing Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX No.
Page 1
Area Variance [ZBA approved: November 15, 2019]
Site Development Data
Area / Type Existing sq. ft. Proposed
Addition sq. ft.
Total sq. ft.
A. Building footprint
B. Detached Garage
C. Accessory Structure(s)
D. Paved, gravel or other hard surfaced area
E. Porches / Decks
F. Other
G. Total Non-Permeable [Add A-F]
H. Parcel Area [43,560 sq. ft. / acre]
I. Percentage of Impermeable Area of Site [I=G/H]
Setback Requirements
Area Required Existing Proposed
Front Yard [1]
Front Yard [2]
Shoreline
Side Yard [1]
Side Yard [2]
Rear Yard [1]
Rear Yard [2]
Travel Corridor
Height [maximum]
Permeability
Number of parking spaces
Page 2
Area Variance [ZBA approved: November 15, 2019]
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? _______________
2. If the parcel has previous approvals, list application number(s): _________________________
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit
Program? __ Yes / __ No
4. Estimated project duration: Start Date: __________ End Date: __________
5. Estimated total cost of project: _______________
6. Total area of land disturbance for project: _______________
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
A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all
floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered
porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending
over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be
included. (See “FLOOR AREA RATIO”).
B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building
or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures
on the project site.
Parcel Area ___________________________ sq. ft.
Existing Floor Area ___________________________ sq. ft. [see above definition]
Proposed Additional Floor Area ___________________________ sq. ft.
Proposed Total Floor Area ___________________________ sq. ft.
Total Allowable Floor Area ___________________________ (Area x _____) [see above table]
Page 3
Area Variance [ZBA approved: November 15, 2019]
Compliance with Zoning Ordinance
Requesting relief from SECTION: ________________________________
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply]
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
3. Whether the requested area variance is substantial?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
5. Whether the alleged difficulty was self-created?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Page 4
Area Variance [ZBA approved: November 15, 2019]
Section 179-14-030
Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The
applicant is to provide a site plan drawing(s) – a survey showing existing conditions, a proposed conditions map (see page 00 for
specific criteria) and include any other attachments that address A - D as applicable to the proposed project.
A. General Shown on Sheet #
1 Title, Name, Address of applicant & person responsible for preparation of drawing
2 Deed
3 North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ]
4 Boundaries of the property plotted to scale, zoning boundary
5 Principal structures, accessory structures with exterior dimensions
6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing &
proposed
7 Setbacks for all structures and improvements: existing & proposed
8 Elevations and floor plans of all proposed and affected structures
B. Water & Sewer Shown on Sheet #
1 Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
proposed on-site water supply and septic
3 Separation distances for proposed sewage disposal system to well and water bodies
4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private
water, location, design and construction of water supply including daily water usage
5 Percolation test location and results
C. Parking / Permeable Areas Shown on Sheet #
1 Number of spaces required for project including calculations and justification: existing &
proposed
2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material [e.g., gravel, paved]
3 Provision for pedestrian and handicap access and parking: existing & proposed
4 Design details of ingress, egress, loading areas and cutting: existing & proposed
5 Location and character of green areas [existing and proposed], modification to green area, buffer
zone to remain undisturbed
6 Lighting, location and design of all existing and proposed outdoor lighting
D. Additional Site Development and Miscellaneous Shown on Sheet #
1 On-site & adjacent watercourses, streams, rivers, lake and wetlands
2 Utility / energy distribution system [gas, electric, solar, telephone]: existing & proposed
3 Location, design and construction details of all existing and proposed site improvements
including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants, etc.
4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial
activities: existing & proposed
5 Signage: Location, size, type, design and setback: existing & proposed
6 Waiver Request: provide letter with application requesting any waivers: please reference
specific items
7 Commercial / Industrial Development requires submission of Landscaping, Stormwater
Management, Grading & Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
Page 5
BARGAIN & SALE DEED
PHIS INDENTS , mads thisA - a bctvicer
U.S.BAIT IATIQNAItr AS$OCIATI 1 ,as Trustee, snecessor in interest to Bank of
Amer m,National Association,as Trustee,successor by miorger to LaSalle Rank National
Association, sis Trustee for Wells Fargo..Home Equity Trust Mortgage Pass-Through
Certificates,Series 2004-1,with an office located at c/o WO Ls Fargo Rank MA., 84130
Stagecoach Circle,'Frederiok, MD 21701 party of the first part, and D&T CREATEVE
PXOPERTIES,LLC, residing at 58West Notre Dame Street, Urns Fall s,,NY 12801,parties of
thesecond part,
Wrl'INI SSETIff
That the party oftht first part, in cansideration of Fifty Thov a d and 031100 ($50,000.00)
Dollars, lawful money of Che United States,and other goad and valuable consideration paid b
the parties ofthc second park, does herby grant and release unto the parties of tho second part,
their heirs or.suc ccssors and assigns of t};e parties-of the second part forever:
ALL that certain plat,piece or parcel of land, with the bili ldipgs and improvements therepn,
erected, situate lying and being in the Tawe of Queensbury,Warren County,New York
designated as Lok NID.2 and Lot 3 as shown da certain neap entitled,NIA last revised April Sth,
1941 and filed in the Warren County Clerk's Office on NIA as filed Map No.N/A.
All that property situate in the County of Warran and Staft of New York described as:
1)All that oertalnpiece or parcel of land situate, lying,and being on the-westerly side of Ridge
a ad in the Town of Queansbury, County of NYarren and State of New York, designated as Lot
No. 2 as Shown ori a map dated April 8th, 1941, of lands now or formerly ofMary E.Nimer in
tho Town of Queernsbury, surveyed by Coulter& Ashley, briefly desorN d as follows:
ornmencing on the westerly side of Ridge Road at the.northemterly corner of Lot No. I on said
map and running thence Norffi 50 degrees 20 minutes Bast along the westtrly line ofVidge Road
Sixty feet to an iron pipe for a corner,Hanning thence in a westerly direction One Hundred Sixty-
two and Savezrty-six one Hundredths (1621.76) to the north easterly corner of Lot No. 7,-for a
corner;running thence South 27.degrees 18 minutes Nest along the easterly line of
240-NY-V4
said Lot No.7, fifty-seven and seven one,-hundredths feet(57.07)to the northwesterly corner of
said Lot No. 1 and running thence in an easterly direction along the northkly boundary line of
said Lot No. 1, ono-hundred thirty-nine and twenty-eight one hundredths feet (139.28)to the
point of beginning.
2)Al I. that certain piece or parcel of Iand situate, lying and being on tiro westerly side of Ridge
Road in the Town of u"nsbury, designated as Lot'3 on Map of lands of Mary W.Palmer in the
Town of Queensberry surveyed by Coulter&Ashley April 18, 1941, and briefly describped as
falIows:
Commencing on the westerly side of Ridgy Road at the northeasterly carver of Lot No. 2 on said
map and farmerly'owned by Arthur Yi, Palmer;running thence in a straight line in a westerly
dirm lon along the line of-5 id Palmer about 162.76 feet for a corner,which corner N the
southeast corner of Lot 6 on said map; running thence northeasterly along the rear of said Lot 6,
56.98 feet to a corner; thence irk an easterly direction along the southerly line of Lot 4 to Ridge
Road;thence southwesterly along midge Road 60 feet to the place of beginning.
Under and subject to a Right of Way and Easement from Betty Synch and Robert E.Synch to
the Sewer District dated July 27, 1987 and recd€ded in the Clerk's Office of Warren Ccunty,
New York irs Liber 752,Page 97.
Premises commonly kin own and referred to as: 323 Ridge road, Queensbury,NY 12804,
Tax JD. 303.5-1-64
BEING the same premises conveyed to the party of the first part by deed dated 511/2017,and
recorded ire the Warren County Clerk's Officc on 611312017 kyBeok 5572 Page I11.
VBJECT TO ail easements, covenants, conditions an(Vor restrictions of record.
TOGETHER with all right title and interest, if any, of'the party of the first part in and to any
streets and roads abutting!hr.above described premises to the center lines thereof, TOGETHEI
with the appurrenanees and all the estate rights of the party pf the first part in and to said
premises;TO HAVE AND TO HOLD the premises herein grantod [into the parties of the seound
part, the heirs or successors and assigns of the part!es of the second pact forever.
AND the party of the first part covenants that the party of the first part has not done or suffered
anything whereby the said premises have boen encumbered in any way whatever, except as
aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, cavmiants that
the party of the first part will receive the consideration for this conveyance and wilI ho Id 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 payment of the cost of the improvement
before using any part of the total.of the same for any other purpose.
240-ICY-V4
i
IN WIY NESS WH OF,the party of the first part has duly ex=uted this decd the day and
yeaz frst written above.
U.S.RANK NATIONAL ASSOCIATION,us Trustee,suacessor in interest to Bank of
America,National Association,as Trustee,successor.by merger to LaSalle Bank National
Association,as Trastee for Wells Fargo Home Equity Trust Mortgage Pass-Through
Certificates,Series 2004-1 by WELLS FARGO BANK K.A,its Attorney in Fact
i "OtHINA LEE
Vice PreMdemt Loan Do=Entaliool
Its:
Mate of Iowa
ss.
County w1las
On this day of A.I}., f x.before ane, a Natuy Public in and for said
county,personally appeared LeAA to me pmonally known, who being
by me duly sworn(or affirmed)did say that that person is VOW(title) of said W&Fargo Bank,
NA, as Attorney-in-Fact for U.S.BANX NATIONAL ASSOCIATION,as Trustee,suceessnr in
interest to Sauk of America,Nations L Association,as Trustee,Succeswr by merger#o LaSalle Bank
NaHoW Association,as Trustee for Wells Fargo Home Equity Trust Mortgage Pssa-Through
Oertiflcates Series 2004-1,by authority of its board of(directors or trustees) and the said(afficces
name)614 A L /A admowledged the execution of said imvmmeut to be the
voluntary act anddecd of said (corporation or association)by it voluntarily executed.
t et= tam or
eaSPEtV8EA FULLERSignet=) S1 Seal) COmrtasSEnn Nurnbeter n7994563
I to Public My CUMMEWon x ks
Septernber 30, Zmi9
STATE OF IOWA )
COUNTY Ole'DALLAS ) SS..
On the_ .day of, A.D,l' ,before me,the undersigned,personally appeared
Leap personally known to me or proved to me on the basis
of satisfactory evidence to be the individual(s)whose names) is(are)subscribed to the within instrument
and acknowledged to me that hefshelthey executed tYie same in hislherltheir capacity(ies),that by hisfherl
their sigr tures on tha instrument,the individuai(s)F or the person upon behalf of which the individuai(s
acted,executed the instrument, and that suoh individual made such appearance before the undersigned in
the City of est-Des Moines, State€fIowa.
SRL:NGEH Fll1•L ER
Urnm[s5lon oer794563
My Cornrnlsdonssion ExpGee
Notary iPubl c September 30,2419
01341236788 fl 323 FJDGE ROAD
240-ANY-V4
4 2f€eC E lf1g PIea58 Return TO:
d Prem3ereA36M SI&MV09
Atte-Spenser Fuller
1 Hama pus
MAO.PM3-
Des M[3tes,lA 50SU
Dominent drafted by and
REOORDING REQUESTM BY:
Wells Fargo Bank,N.A.
8480 Stagecoach Circle
MAC X3800-027
Frederick, NO 21701
SPACE AB OVE THISUNE FOR RECO DER'S USE
L=ED POWER OF ATTORNEY
The trusts identiLed on the attached Schedule A (the "Trusts"), by and threugh
U.S.Bank Natioual ssociationt, a national banking association organized and existing under
the Iawa of the United ,States and having an office ai One Federal Street,F - A-FED,
Boston, IIIA 02110, not is its in'dividual capacity bnt solaiy as Trustee C7ru8tee' , her-byy
constitutes and appoints dells Fargo 33azi. N.A., ('Servicer", having an office, at 8480-
Stagecoach Circle, Frederick, IIS 21701 and in its name, doresaid Attorney-In-Fact, by and
through any oifcer appointed by the Board ofDireotors of Servicer,to execute and ackno*ledge
in wHting or by facsimile sump all documents customarily and reasoaahly necessary and
appropriate-for the Wks described in the items (1) through (12) below; provided however, that
a) the dacuraents described below may only be, executed and delivered by suds Attorneys-Yn-
Fact if such docurneuts are required or permitted undo the terms of the related servicing
agreements, (b) all actions taken by Servicer pursuant to this Lhited Power of Attcmey must be
in accordance with Federal, State end Iocal laws and procedures, as applicable and (c) no power
is granted hereunder to take any action that would be either adverse to the interests of or be im the
name of U.S. Bank National Association in its individual capacity, This Limited Power of
Attorney is being issued in connection with Servieer's responsibilities to service certain
mortgage leans (the. 'loanel held by the Trustee. Thew roams are secured by collateral
comprised of mortgages, deeds of trust, deeds to secure debt and other forms of security
inOuments (collectively the "Security Instmmenls' encumbabg any and a]1 real and personal
property delineattd therein (the "Proper ') and the Motes secured ihereby. Please refer to
Schedule A attached hereto.
1. Remand, suo for, recover, collect and recei'vc each and every sum of money, debt, accok:nt
and interest (vvhich now is, or hereafter shall become due and payable) belonging to or
claimed by the TTListee, and to use or take any lawful means for iecavery by legal process
or otherwise, inotuding but not limited to the substitution of trustee serving lander a Deed of
Trust, the preparation and issuance of staternmts of breach, notices of default, andlar
notices of sake, accepting deeds izz lieu of foreclosure, evicting (to the extent allowed by
federal, state or]Qcal laws)foreclosing on the properties under the Security lnsteuments by.
judicial or-n.on judicial--foreclosure,--actions.-for temporary retraining orders, injunctions,
appointments of receiver, suits for waste, fraud and any and all other tart, confraotual Or
verifiea#ions in support thereof, as may be.necessary or advisable in any bankruptcy action,
state or federal snit or any other action.
2, Execute andlor file sucb documents and take such other action as is proper and necessary to
defend the Trustee in lidgation and to resolve any litigation vAlare the Servicer has an
obligation to defend the Trustee, Including but not limited to dismissal, termination,
cancellation,rescission and settlement.
3. Ttransaet business of any kind regarding the Loans, as the Trustw's act and deed, to
contract for, purchase, receive and take possession and evidence of title !a and to the
Property and/or to secure payment of a promissory note or performance ox any obllgatioa or
agreementrelating thereto.
4. Execute, complete, indorse or lila bonds, nates, mortgages, deeds of trust- and other
contracts, agreements and instruments regarding the borrowers and/or the Properly,
including but not limited to the execution of estoppel certificates, fmalloing statements,
continuation statemmts, releases, satisfactions, zevonveyanco.9, assignments, loan
modificatiDn agreemezats, payment plans, waivers, consents, amendments, forbearance
agreemeatri, loan assumption agreements, subordination agreemontr, prop }' adjustment
agreements, management agreements, listing a r4=euts, purchase and sale agzecmcnts,
short sale transaotions and other instruments pertaining to mortgages or deeds of trust, and
execution of deeds and associated instruments, if any, conveying the property, in the
interest ofthc TYuswe.
5, BTidwse oa bzhdf of the undersigned all checks, drafts and/or other negotiable instruments
made payable tc the undersigned.
Execute any document or perform any act in connection with the administration of tiny PIVH
policy or LPNH policy, hazard or other insurance claim relative to the.Laans or related
Property.
7. Execute any document yr perform any act described in items (3), (4), aad (5) in Ponnee#zv2
with the termination of azly Trust as ncce-ssary to transfer ownership of the affected Loans
to the entity (or its designee or assignee) possessing the right to obtain ownership of the
Loans.
8. Sabordinate the lien of a mortgage, deed of trust, or Gleed or other security instrument to
secure. debt (i) for the purpose of re mancing Louns, Whare applicable, or (i) to an
casement im favor of a public utility company or a government agahcy or unit with powers
of emit'mt domain, including but not limited to the execution of partial-satisfactions sad
releases and pattip-1 reconveyanoes reasonably regtii d for such purpose, and the execution
or requests to the trustees to accomplish the same.
9. Convey the Property to the mortgage insurer,Or close the title to the property to be acquired
as noel.este owned, ur convey title to real estate owned property("REO Property'°).
X0. Execute and deliver any ciocu=,utatson with ras,pect to the sale, maintenance,preservation,
renovation;repaiir;demalition-or-other-disposition,-o£ EO-Property-acquired-thraugh-a
foreclosure yr deed-in-Iieu of foreolosure, including, without limitation: permits,
remediation plans or agreements, certifications, campliauc.e certificates, health and safety
certifications, listing agreernem; purchase and sale agreements; grant / limited or special
warranty/ quit claim deeAs or any other deed, but not general warranty deeds, causing the
transfer of title of the property to a party coiitracted to purchase s amt; escrow instructions;
and any and all documents necessary to effect the transfer of REO Property.
x
11. Scnrioer has the power to execute additional limited povreis of att=enranddelegate.the
authority given to it by U.S. Bank National ,Association, as Trustee, under the applicable
servicing Egmernents far the Trusts listed on Schedule A, attached.
12. To execute, record,file anUor deliver any and all do auments of any kind for the,pzrrp ose of
ft filling any servicing duties, including but not limited to those listed its subparagrapm (l)
through 11), above, where Trustee's imerest is designated,stated,characterized as or
includes any reference to one,or more of the following, "Indmture Trustee'',"Owner
Trustta" "Succo=r Trustee", " u"ess or!Interest", "Su ccs sor to" "S=4390r by
Merger", "Trusteeuntodlan", "CustadiaalTrustee" or other similar designation.
Trustee also grants unto S crviw the full power and authority to correct ambiguities and erroirs in
documents necessary to effect or undertake any ofthe items or powers set forth in items(1)to
12), above.
In addition to the indemnif.`cation provlsioi s set forth in the applicable servicing ag;rcemcnts for
the'frosts Iiste d on 5 chedule A, atiached, S ervicer Mreby agrees to indemnify and hold the
Trustee, and its directors,off cers, employees and apnts harmless from and against any and all
liabilities, obligations,losses, damages,penalties, aodoa,judgments, suits,casts, expe=s yr
disbursements of any kind or nature whatson-er incurred by reason a result of the.mhuse of this
Limited Power of Attorney by the Servicer. The foxego iag indemnity Shull survive the
termimtiea of this Limited Power of.A.tt,orney and the related servicing agreements or the earlier
resignation or removal of the Trustee for the Trusts listed on S ohedrt?e A.
Witness my hand and seal#his 9"'day of January,2017.
O t1 OM ATE SEAT, On Behalf of the Trusts,by
U.S•B ank National Ass ociation, as Trustee
By;
G Ti rev' la-chard Amy133. eb, etYior Vi iclent
Y.
A
s: -;
Ar
DavlWD2- s,Vice president
A t:l'aulno, Trus Officer
CORFORATY ACKNOWLEDGMENT
commonwealth of Massachusetts
County of uffolk
On this
9t.day of laauary, 2017, before me, the undersigned, a Notary Public in and for said
ouaty and Ccunrnonweal h, pejsonalIy appeared Array B. Byrnes, David Duclos and Paul J.
Aretino,permonally known to xne(oi proved to me on the basis of satisfactory evidence}to be the
persons who executed the within instrument as 19crdor 'Vice President, Mice President, and
T ust Of#i:cer, respeofively of U-SJ3a ational A,ssocia.tion, a national banking association,
and acknowledged to me that such national banking association executed the within inamment
pursuant to its by-laws or a resolution of its B oard of Dixectors.
1 SS my hand and official seal.
Signature:.2"''j
Paul J. Gcbin Ir—
My expires: 7116!2021
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