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John Curran.Foil DECEIVED LAW OFFICES OF JUN 18 2021 MULLER & MANNIX, PLLC ATTORNEYS AT LAW TOWN OF QUEEN BURY PLANNING OFFICE .000. P.O.Box 143 Michael J.Muller Glens Falls,New York 12801-0143 Daniel J.Mannix Tel: (518)793-2535 m imuller(u)mullermannixlaw.com June 15, 2021 Mr. Craig Brown zoning Administrator Town of Queensbury Town Hall 742 Bay Road Queensbury,New York 12804 Re: Premises of John and Rosann Curran TMP 266.3-1-74 Ridge Road Dear Craig, Mr. and Mrs. John Curran are the owners of a single-family residential property to the immediate south and adjacent to the each of the most southerly residential parcels recently developed as single family residential homes in a subdivision known as Ridge Road Subdivision Ridgewood Homes. The subdivision is located on the East side of Upper Ridge Road,North of State Route 149. In the administrative process of subdivision approval and site plan review the developer agreed to a Town of Queensbury Planning Board requirement that each of the southerly subdivision lots (bordering the premises of Curran)would be required to maintain an existing natural fifty foot buffer intended to protect the naturally "wooded" privacy between the subdivision and the Curran's adjacent single-family residence. Mr. Curran recently reported to your office that at least one of the new owners in the subdivision (Kevin O'Leary and Jennifer O'Leary TMP 266.3-1-73.5 ) intruded into the required natural buffer area and cleared a wide swath to create what that owner characterizes as a"nature trail" when in fact its eight foot width(which was cleared by the use of heavy equipment) is more likely intended as an ATV or snowmobile trail. I also understand that another adjacent owner in the subdivision(Tilley TMP 266.3-1-73-6)has also cut back into the protect natural buffer. Mr. Curran reported this concern to your office and I am told that Bruce Frank investigated the matter and confirmed the illegal clearing as described. Mr. Curran contacted my office and expressed a concern that although the neighbor's intrusion constitutes a clear violation of the Planning Board's natural buffer requirement, one of the remedies that you are considering would be"to do nothing"with the expectation that the cleared swath will eventually and naturally regrow as long as the cleared area is left unused and allowed to naturally revegetate. A `do nothing" approach is not a satisfactory resolution in addressing the circumstances and certainly not an appropriate"code enforcement"response where the transgression is a clear and intentional violation of a unambiguous requirement that was carefully considered and imposed by the Planning Board. Moreover, Mr. and Mrs. Curran have relied on the natural buffer requirement as a mandate imposed by the Town's Planning Board in their consideration of approval of the developer's plan. Frankly,even a monetary fine is inappropriate as such a penalty (as provided for in the Zoning Code)would still not correct the circumstances in properly fulfilling the Planning Board's subdivision approval requirements. The purpose of this letter is to suggest that your office consider a requirement that Mr. O'Leary and Mr. Tilley be directed to make a good faith effort to actually re-plant the cleared areas and that this effort be monitored by your office to assure that the revegetation and new growth is a meaningful re-establishment of the privacy buffer that Mr. and Mrs. Curran had been assured of in accordance with the Panning Board's natural buffer requirement. Thank you for your attention to the requirements of is request. V truly yours, M is &MANNIX PLLC By e J. Muller e�eaP �saail 11,:_� .. Till NO 66a9� 6i9••� tita•� 6t!!P 6a!!P lip iiPiiiii �ill ii �g 141 57-ATe ga I ri I l.r�S'1`r1Y NVYy�- 1 � 8 I j\ 9 3AAA ✓t•� y ([P RIDGE ROAD SUBDIVISION P.C. W+ wig RIDGEWOOD HOADS, GAW ro.nata E PP UTQA7'P, GRADING k DRAINAGE PLAN �.�.�.r��. a� Kevin O'Leary 16 Ridgewood Ct Queensbury,NY 12804 (518)-683-8188 July 13, 2021 Town of Queensbury Attn: Bruce Frank,Code Compliance Officer 742 Bay Road Queensbury, NY 12804 Re: Notice of Violation Subdivision 2.2006 Lot 5—Parcel ID 266.1-73.5 Dear Mr. Frank: This letter is in response to your Notice of Violation and Order to Remedy regarding vegetation cut on my property in the designated "No Cut Zone'. I offer my sincere apologies for not being aware of the Ridgewood Court subdivision's regulations and upon notice took immediate steps to remedy the matter. Vegetation was raked back to areas and natural growth has begun to restore the property(see attached photos).The trees that were cut will be replaced upon approval(see attached rendering)and care will be taken to ensure growth and revitalization of the area. Please let me know if you have questions or need additional information. I can be reached by telephone at(518)683-8188. Thank you for the consideration and again I am sorry for this situation. Sincerely, Attachments: (2)Photos (1) Rendering Charles Tilley 10 Ridgewood Court Queensbury,NY 12804 (518)-888-4550 M rchucknyc@outlook.com July 8,2021 4 Town of Queensbury Attn:Bruce Frank,Code Compliance Officer 742 Bay Road Queensbury, NY 12804 Re: Notice of Violation Subdivision 2-2006 Lot 6—Parcel ID 266.1-73.6 Dear Mr.Frank: This letter is in response to your Notice of Violation and Order to Remedy regarding vegetation cut on my property in the designated"No Cut Zone".I offer my sincere apologies for not being aware of the Ridgewood Court subdivision's regulations and upon notice took immediate steps to remedy the matter. Vegetation was raked back to areas and natural growth has begun to restore the property(see attached photos).The trees that were cut will be replaced upon approval (see attached rendering)and care will be taken to ensure growth and revitalization of the area. Please let me know If you have questions or need additional information. I can be reached by telephone at(518)888-4550.Thank you for the consideration and again I am sorry for this situation. Sincerely, Charles Tilley Attachments: (2)Photos (1)Rendering ( r TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY. 12804-5902 May 27, 2021 Kevin and Jennifer O'Leary 16 Ridgewood Court Queensbury NY 12804 Re: Notice of Violation-Order to Remedy for Violation of Subdivision 2-2006 for Lot 5 (Parcel ID 266.3-1-73.5) Dear Kevin and Jennifer O'Leary: This letter serves as a "Notice of Violation-Order to Remedy" for the apparent violation of your approved Lot 5 for the Ridgewood Homes Subdivision. Specifically, during a complaint investigation on May 26, 2021, it was discovered a path, approximately 10' wide, has been constructed through the 40-foot wide "No Cut Zone". The path construction included the removal of all of the vegetation for the width of the path. Additionally, it was discovered that the approved clearing limits for Lot 5 have been exceeded. You are hereby directed to apply for a Subdivision Modification for Lot 5 for the aforementioned unapproved changes by July 15, 2021. Should you choose to revegetate the area in question, to avoid a review by the Planning Board, you will need to provide a replanting plan by July 15, 2021 to be reviewed by the Zoning Administrator. Failure to act as directed by this official order will result in an appearance ticket being issued to you for Queensbury Justice Court. Should you have any questions or concerns, please contact this office. Sincerely, Town of`aQueen bury Bruce Frank Code Compliance Officer cc: Craig Brown, Laura Moore L:\Bruce Frank\112021 Files\Letters\O'Leary, Kevin&Jennifer NOV-OTR(for Lot 5 of SUB 2-2006-Ridgewood Homes Subdivision)27moy21.doc "Home of Natural Beauty ... A Good Place to Live " i TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY. 12804-5902 May 27, 2021 Charles Tilley 10 Ridgewood Court Queensbury NY 12804 Re: Notice of Violation-Order to Remedy for Violation of Subdivision 2-2006 for Lot 6 (Parcel ID 266.3-1-73.6) Dear Charles Tilley: This letter serves as a "Notice of Violation-Order to Remedy" for the apparent violation of your approved Lot 6 for the Ridgewood Homes Subdivision. Specifically, during a complaint investigation on May 26, 2021, it was discovered a path, approximately 10, wide, has been constructed through the 40-foot wide "No Cut Zone". The path construction included the removal of all of the vegetation for the width of the path. You are hereby directed to apply for a Subdivision Modification for Lot 6 for the aforementioned unapproved changes by July 15, 2021. Should you choose to revegetate the area in question, to avoid a review by the Planning Board, you will need to provide a replanting plan by July 15, 2021 to be reviewed by the Zoning Administrator. Failure to act as directed by this official order will result in an appearance ticket being issued to you for Queensbury Justice Court. Should you have any questions or concerns, please contact this office. Sincerely, Town of QueK Bruce Frank Code Compliance Officer cc: Craig Brown, Laura Moore L:\Bruce Frank\1)2021 Files\Letters\rlley,Charles NOV--OTR(for Lot 6 of SUB 2-2006-Ridgewood Homes Subdivision) 27moy21.doc "Home of Natural Beauty ... A Good Place to Live " r� i� • a ,y s y1 Iy