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Application a a PAUL E.PONTIFF BARTLETT,PONTIFF, STEWART & RHODES,P.C. RICHARD J.BARTLErr ALAN R.RHODES Retired ROBERT S.MCMILLEN ATTORNEYS AT LAW LIP PHI C.MCINTWE P.O.BOX 2168 JESSICA HUGABONE VINSON MARK A.LEBOWITZ ONE WASHINGTON STREET BRIAN C.BORIE J.LAWRENCE PALTROWIT7_ GLENS FALLS,NEW YORK 12801-2168 MALCOLM B.O'HARA PATRICIA E.WATKINS ROBERT S.STEWART MARK E.CERASANO 1932-2001 BRUCE O.LIPINSKI TELEPHONE(518)792-2117 BERTRAM J.DUBE PAULA NADEAU BERUBE FAX(518)792-3309 1916-1999 JONATHAN C.LAPPER EMAIL info,)bpsrlaw.com w BENJAMIN R.PRATT.JR. WEBSITE ww.hpsrlaw.com EILEEN M.HAYNES JAMES R.BURKETT SERVICE BY FACSIMILE NOT ACCEPTED STEFANIE DILALLO BITTER KARLA WILLIAMS BUETTNER ELISABETH B.MAHONEY JOHN D.WRIGHT September 16,2013 Chairman Christopher Hunsinger Planning Board Town of Queensbury 742 Bay Road Queensbury New York 12804 Re: Overlook at Hiland Homeowners Association Tax Map Parcel 290.62-1-21 Dear Chairman Hunsinger: On behalf of Overlook Homeowners Association, Inc... I am hereby submitting this letter along with surveys prepared by VanDusen and Steves and a Site Plan Application as a request for a minor modification of the existing town home subdivision. This project was initially approved for the original Highland Park developer and subsequently modified for the Michaels Group,LLC. The construction was completed years ago and the homeowners are now in control of the Board of Directors of the Association. In 2008 the Homeowners Association approached the Planning Board for a minor modification. At that time the modification involved merely altering the subdivision to allow the homeowners to own their respective porches,patios and decks. The request that is currently being presented is for three particular homeowners:the property owners of 25 Overlook(Mitchell Potvin III and Charlotte Potvin), 28 Overlook (Douglas and Cheryl Provost), and 49 Overlook(John and Anita Duncan. Currently,each of these homeowners were conveyed a patio or small deck area,but it was too small for their intentions. As a result,it is the desire of these individual homeowners and the Homeowners Association that title to these larger areas be conveyed to these three specific parcel owners, so that they can each have a deck that is similar in size to most of the other homeowners. Due to the existing subdivision approval,these small conveyances cannot be made without Planning Board Approval. The plans which have been prepared include metes and bounds of all of these improvements. Christopher Hunsinger, Chairman September 16, 2013 RE: Overlook HOA Page 2 I hope that the Planning Board will consider this a very minor modification.I believe that this modification will be considered a Type II action which is exempt from SEQR pursuant to section 617.5(b)(10) as construction,expansion or placement of minor accessories/appurtenant residential structures including garages, carports, patios,decks. . . or other buildings not changing land use or density". Please place this matter on the Agenda for one of your October meetings. Very truly yours, BARTLETT, PONTIFF, STEWART & RHODES,P.C. By: 4/91.— on•than C. Lapp', Esq. i ct#: (518)832-6434 I rect Fax#:(518)829-1056 i irect E-Mail:jc1(aibpsrlaw.com Enclosure 343753.1 cc: Overlook HOA Board of Directors #343753 Site Plan Review Revised June 2009 Site Plan Review Application Review Process: o Initial meeting with Zoning Administrator o Pre-submission meeting with staff is required to determine general completeness To be held no later than 1 week prior to deadline submittal -Call (518) 761-8220 for an appointment o Application submittal: One (1) original and 14 copies of the application package with application fee o Determination of application completeness and placement on an agenda o Submittal to Warren County Planning Department, if applicable. o Planning Board meetings are generally the third & fourth Tuesday of each month. You will be advised in writing as to which meeting to attend. o Following the meeting you will be provided with a copy of the resolution stating the Board's decision on your application. If your application was approved, the next likely step is a Building Permit. If your application was denied your project cannot proceed as submitted. Documentation Requirements: 1 original & 14 copies of the completed application package with one (1) copy of deed Fee: $100: 0 to 10,000 sf $250: 10,001 to 30,000 sf $500: 30,001 to 100,000 sf $1000: 100,000+ sf Zoning Staff&Contact Information: Craig Brown, Zoning Administrator crai gb(a�queensbury.net Laura Moore, Land Use Planner Imoore(a7queensbury.net Pam Whiting, Office Specialist 518-761-8220 pamw(aqueensbury.net Visit our website at www.queensbury.net for further information and forms Town of Queensbury Planning Office- 742 Bay Road•Queensbury, NY 12804• 518-761-8220 1 Site Plan Review Revised June 2009 General Information Tax Parcel ID: 290 .62-1-21 PUD Zoning District: Townhouse Development Current Use: Proposed Use: Modification to enlarge deck area for Townhouses located at 25 Overlook Drive, 28 Overlook Drive, and 49 Overlook Drive Location of project: Overlook Homeowners Association Applicant Name Overlook at Highland Address: PO Box 4173 Homeowners Oueensbury NY 12804 Home Phone Cell: Work Phone Fax E-Mail: Agent's Name: Bartlett Pontiff Address: One Washington Street Stewart & Rhodes PC Glens Falls NY 12801 Home Phone Cell: Work Phone 832-6434/832-6419 Fax 824-1031/824-1019 E-mail jcl @bpsrlaw.com/sdb @bpsrlaw.corn Owner's Name: same as applicant Address Home Phone Cell Work Phone Fax E-mail Town of Queensbury Planning Office. 742 Bay Road • Queensbury, NY 12804 518-761-8220 2 • Site Plan Review Revised June 2009 Site Development Data Area/Type Existing sq. ft. Proposed Total sq. ft. Addition sq. ft. A. Building footprint ***** SEE ATTACHED SHEET****** B. Detached Garage Due to request of such a minor naturs, the Applicant is ceeking a waiver from the completion C. Accessory Structure(s) of this sheet . 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 NOT APPLICABLE- WAIVER REQUESTED Area Required Existing Proposed Front[1] Front [2] Shoreline Side Yard [1] Side Yard [2] Rear Yard [1] Rear Yard [2] Travel Corridor Height [max] Permeability No. of parking spaces Town of Queensbury Planning Office- 742 Bay Road Queensbury, NY 12804 518-761-8220 3 SITE DEVELOPMENT DATA Existing footprint Proposed footprint 1. 25 OVERLOOK 2,613.96 2,795.12 2. 28 OVERLOOK 2,614.40 2,835.10 3. 49 OVERLOOK 2,512.97 2,980.37 Site Plan Review Revised June 2009 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): 1-1988 and modified in 2008 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? no 4. Estimated project duration: Start Date End Date completed 5. Estimated total cost of project: n/a 6. Total area of land disturbance for project.. less than 1 acre Floor Area Ratio Worksheet NOT APPLICABLE 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 CM 0.3 Commercial Intensive 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 Town of Queensbury Planning Office. 742 Bay Road • Queensbury, NY 12804 • 518-761-8220 4 Revised May 2009 S 179-9-080 Requirements for Site Plan Approval. The Planning Board shall not approve a Site Plan unless it first determines that such site plan meets the following Standards. Please prepare responses to each of the following topics. STANDARDS A. The proposed project furthers or is consistent with the policies of the Town's Comprehensive Plan. This proposal will be consistent with the policies of the Comprehensive Plan B. The proposed project complies with all other requirements of this Chapter, including the site plan review standards as set forth in Paragraph F of this section,the dimensional, bulk, and density regulations of the zoning district in which it is proposed to be located (Article 3 and Table 1),the applicable requirements of all other Articles that apply. Yes. C. The site plan encourages pedestrian activity internally and, if practicable, to and from the site with pedestrian paths or sidewalks connected to adjacent areas. No it these are residential lots. D. The site plan must conform to Chapter 136 Sewage and Sewage Disposal, Chapter 147 Stormwater Management Local Law, and other applicable local laws. Stormwater already implemented from original approval. E. the proposed use shall be in harmony with the general purpose or intent of this Chapter, specifically taking into account the location, character and size of the proposed use and the description and purpose of the district in which such use is proposed,the nature and intensity of the activities to be involved in or conducted in connection with the proposed use and the nature and rate of any increase in the burden on supporting public services and facilities which will follow the approval of the proposed use. The proposal will be compatible with surrounding lands. F. The establishment,maintenance and operation of the proposed use will not create public hazards from traffic,traffic congestion or the parking of vehicles and/or equipment or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the neighborhood or to the general welfare of the town. Traffic access and circulation, road intersections, road and driveway widths,and traffic controls will be adequate. The Applicants proposal will have no impact on traffic or otherwise be detrimental to the health, safety or general welfare of the Town. G. Off-street parking and loading facilities will be appropriately located and arranged and sufficient to meet traffic anticipated to be generated by the new use. The establishment of vehicle links between parking areas of adjacent properties are provided where feasible. This furthers the Town's goal of reducing curb cuts and reducing congestion. A twenty-foot wide connection is required. If adjacent properties are either undeveloped or previously developed without having made provision for future linkage, then a future connection must be identified and provided for in the site plan under review for such future linkage when the time arises. The Planning Board may require proof that the applicant has made contact with adjacent property owners for purposes of coordinating linkages with adjacent properties. Not Applicable. The lot is already developed. H. The project shall not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the town or the Adirondack Park or upon the adequate provision of supporting facilities and services made necessary by the project,taking into account the commercial, industrial, residential,recreational or other benefits that might be derived from the project. In making the determination hereunder, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein under§ 179-9-080 of this chapter, and in so doing, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in§ 179-9- 080 of this Article. This proposal will not have any negative impact on the surrounding areas. I. The provision for and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience shall be safe and adequate for pedestrian movement. Pedestrian connections between adjacent sites shall be provided to encourage pedestrian use. This proposal will have no impact on pedestrian traffic access and circulation. J. Stormwater drainage facilities will prevent an increase of post development drainage flows as compared to pre-development drainage flows. Drainage of the site shall recharge ground water to the extent practical. Surface waters flowing off-site shall not degrade any streams or adversely affect drainage on adjacent properties or public roads. Facilities shall be in conformance with the drainage standards of Chapter 147 of the Town Code and the Town of Queensbury Subdivision Regulations where applicable. Town of Queensbury Planning Office- 742 Bay Road Queensbury, NY 12804• 518-761-8220 5 • Revised May 2009 Stormwater was implemented from original approvals K. The water supply and sewage disposal facilities will be adequate and will meet all applicable and current requirements set forth by Department of Health regulations and Chapter 136 of the Town Code. Yes.. L. The adequacy, type and arrangement of trees, shrubs and other suitable plantings, landscaping and screening shall effectively provide a visual and/or noise buffer between the applicants and adjoining lands, including the maximum retention of existing vegetation and maintenance,including replacement of dead or deceased plants. Landscaping has been implemented from original approval M. Fire lanes, emergency zones and fire hydrants will be adequate and meet the needs and requirements of emergency service providers. The Applicant is willing to work with the Fire Marshall if they have any suggestions at this time. N. The design of structures, roadways and landscaping in areas susceptible to ponding, flooding and/or erosion will minimize or avoid such impacts to the maximum extent practicable. Applicant does not feel this will be an issue. O. The site plan conforms to the design standards,landscaping standards and performance standards of this chapter. Yes. Town of Queensbury Planning Office- 742 Bay Road - Queensbury, NY 12804• 518-761-8220 6 • Site Plan Review Revised June 2009 § 179-9-050 Application for Site Plan Review Application for site plan approval shall be made to the Planning Board using forms supplied by the Board.Application materials and the site plan shall include sufficient information for the Board to make its findings under§ 179-9-070 and 179-9-080 below. In determining the content of the site plan and supporting documentation, the Planning Board may waive certain requirements if the Planning Board deems such requirements or information unnecessary for the type of project proposed. Any such waiver shall be made in writing, and shall contain statements of the reasons why the waived information requirements are not necessary for an informed review under the circumstances. The Planning Board may grant such waivers on its own initiative or at the written request of an applicant. Such request shall set forth the specific requirements that are requested to be waived and the reasons for the requested waiver. Absent any waiver or waivers,an application for Site Plan Review shall include the following: Shown REQUIREMENTS on Sheet A A vicinity map drawn at the scale that shows the relationship of the proposal to existing community facilities which affect or serve it, S-1 such as roads, shopping areas, schools, etc. The map shall also show all properties, identify owners, subdivisions, streets, and easements within 500 feet of the property. Such a sketch may be superimposed on a United States Geological Survey map of the area. B The site plan shall be drawn at a scale of forty feet to the inch(1"=40 feet) or such other scale as the Planning Board may deem S-1 appropriate, on standard 24" x 36" sheets, with continuation on 8W' x 11" sheets as necessary for written information. The information listed below shall be shown on the site plan and continuation sheets. C Name of the project,boundaries,date,north arrow,and scale of the plan. S-1 D Name and address of the owner of record,developer,and seal of the engineer,architect,or landscape architect. If the applicant is not the record owner,a letter of authorization shall be required from the owner S-1 E The location and use of all existing and proposed structures within the property, including all dimensions of height and floor area,all exterior entrances,and all anticipated future additions and alterations. S-1 F The location of all present and proposed public and private ways, off-street parking areas, driveways, outdoor storage areas, sidewalks, ramps, curbs, paths, landscaping, walls, and fences. Location, type, and screening details for all waste disposal s-1 containers shall also be shown. G The location,height, intensity,and bulb type(sodium,incandescent,etc.)of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown in compliance with§179-6-020. waiver req. H The location,height,size,materials,and design of all proposed signs. I The location of all present and proposed utility systems including: • n/a 1. Sewage or septic system; S-1 2. Water supply system; . 3. Telephone,cable,and electrical systems; and 4. Storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes,and drainage swales. Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, and waiver flooding of other properties, as applicable. A Stormwater Pollution Prevention Plan (SWPPP) for all land development activities requested (excluding agricultural activities) on the site that results in land disturbance of 1-acre or more. A SWPPP shall comply with the requirements of the DEC SPDES MS-4 General Permit and Chapter 147 of the Town of Queensbury Code. It shall be at the discretion of the Planning Board as to whether a SWPPP or an erosion and control plan shall be required for a site plan review project land disturbance of less than 1-acre. K Existing and proposed topography at two-foot contour intervals,or such other contour interval as the Planning Board shall allow. All waiver elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the 100- requested year floodplain,the area will be shown, and base flood elevations given. Areas shall be indicated within the proposed site and within 50 feet of the proposed site where soil removal or filling is required,showing the approximate volume in cubic yards. L A landscape plan showing all existing natural land features that may influence the design of the proposed use such as rock outcrops, waiver stands of trees,single trees eight or more inches in diameter, forest cover, and water sources, and all proposed changes to these reques ed features including sizes and types of plants. Water sources include ponds, lakes,wetlands and watercourses,aquifers,floodplains, and drainage retention areas. M Land Use District boundaries within 500 feet of the site's perimeter shall be drawn and identified on the site plan, as well as any cacti vet Overlay Districts that apply to the property. requested Town of Queensbury Planning Office-742 Bay Road• Queensbury, NY 12804• 518-761-8220 6 Site Plan Review Revised June 2009 N Traffic flow patterns within the site,entrances and exits,and loading and unloading areas,as well as curb cuts on the site and within 100 feet of the site. The Planning Board may,at its discretion, require a detailed traffic study for large developments or for those in waiver heavy traffic areas,which shall include: requested 1. The projected number of motor vehicle trips to enter or leave the site, estimated for weekly and annual peak hour traffic levels; 2. The projected traffic flow pattem including vehicular movements at all major intersections likely to be affected by the proposed use of the site; 3. The impact of this traffic on levels of service on abutting public streets and at affected intersections. Existing and proposed weekly and annual peak hour traffic levels and road capacity levels shall also be given. 0 For new construction or alterations to any structure,a table containing the following information shall be included: not 1. Estimated area of structure to be used for particular purposes such as retail operation,office,storage,etc.; commercial 2. Estimated maximum number of employees; 3. Maximum seating capacity,where applicable;and 4. Number of parking spaces existing and required for the intended use. P 1. Floor Plans. 2. Elevations at a scale of one-quarter inch equals one foot(1/4"=1 foot)for all exterior facades of the proposed structure(s)and/or waiver alterations to or expansions of existing facades,showing design features and indicating the type and color of materials to be used. requested Q Soil logs,water supply well and percolation test results, and storm runoff calculations, as needed to determine and mitigate project impacts. waiver rcqucated R Plans for disposal of construction and demolition waste,either on-site or at an approved disposal facility. n/a S Plans for snow removal,including location(s)of on-site snow storage. T n/a An Environmental Assessment Form("EAF"),as required by the SEQRA regulations,with Part 1 completed by the Applicant shall be submitted as part of the application. If the proposed project requires a special use permit and an EAF has been submitted in attached. conjunction with a special use permit application,a duplicate EAF is not required for the site plan application.. U If an application is for a parcel or parcels on which more than one use is proposed,the applicant may submit a single application for all such uses provided the proposed uses are accurately delineated on a site plan drawn pursuant to the requirements set forth above. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQRA compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together. V A brief narrative statement on how the project proposed for review furthers or is consistent with the vision,goals and policies in the Town's Comprehensive Plan. Town of Queensbury Planning Office. 742 Bay Road• Queensbury, NY 12804• 518-761-8220 7 • Site Plan Review Revised June 2009 Pre-Submission Conference Form [179-4-0401 1. Tax Map ID �'C 1 1q g2 ©f 2c6-3 2. Zoning Classification C��ppP , •, 3. Code Reference for Review: 1 )C t tICi.c4taiN 17.P C-.-\ci p p-Mr1 P...)8 4. Ordinance Reference#: 5. Pre-Submission Meeting Notes;Outstanding Items To Be Addressed Include: Deed "yes No General Information complete Yes No f Site Development Data Complete Yes No jiccI(, Ck-Ck- )14 Setback Requirements Complete No Pc)P Additional Project Information Complete AdA Yes No *Coverage under DEC SWPPP Program Yes No FAR Worksheet complete Yes No Standards addressed Yes No/t" -ci-P "_ El Checklist items addressed Yes No 0*`" d`- 4 S, tr - Environmental Form completed Yes No n Signature Page completed Yes No, ) eect a I-SSeC / a''L''c< :■,4- cr2 ft 3e S /vica(ii c� G2 1-Z) GI / f Pu D r 3-- Lcih Z)f 2S , yet P c o Q (L2CX mil,a,c1(.4 et)A�t-vice�C aL, fc€e-itiA.Li 4-7.90,4-pr nos si- L, .-4eten4'Si.2r dC:tcSl tl(cr.Ci?chcc•-fZU,/r e, l/Ou.%.S 1r nL°L.,_../ p-if App t[c f..1 41 ocv C1 /if__rye,.17 V() _1 s r 1`r()c 1e/opts-6i 1-- t>-, c M c--A---(c/ A CAS < W 'C),t r Pop/ Po �c I i c(, Q at'Id 4 ey k I t%-%... C!✓t_�.. f1-0-4 t PAg..P 54-/L tc-se1S iCle•-j-M 4 ?pit cLLte r^. lft ` ''A 1 L S I � p �{ L � /� -e ChaCttiSC - r4,L10 '>+ 4,4�r ver /V A- E14 r Scf✓2ciIv!`F Pc-c> 1 *Applicant must provide office with Notice of Intent(NOI); SWPPP Acceptance Form, DEC letter issuing permit number Notice of Termination (NOT) �j �_ Staff Representative: a ' - 1 =C;' - Applicant/Agent: VI TO/ / Date: be ♦�..t•.E� Town of Queensbury Planning Office- 742 Bay Road • Queensbury, NY 12804• 518-761-8220 8 • WARREN COUNTY PAMELA J. VOG DOC:Ut1ENTT r>013111723 � ]LUME= 3978 PAGE: 1 19 II 1111111111111 COUNTY CLERK Lake George, NY 12845 60 2010 00001723 Volm-3978 Pg-119 Instrument Number: 2010-00001723 As Recorded On: March 05,2010 Deed Commercial or Vacant Parties: OVERLOOK AT HILAND HOMEOWNER S ASSOCIATION INC To MAHONEY MADELYN T Billable Pages: 4 Recorded By: BARTLETT PONTIFF STEWART & RHODES PC Num Of Pages: 5 Comment: **Examined and Charged as Follows: ** Deed Commercial or Vacant 96.50 Cover Page 5.00 RP-5217 Commercial 250.00 TP-584 5.00 Recording Charge: 356.50 Consideration Amount Amount RS#/CS# Transfer Tax 0.00 0.00 TT 1411 Basic 0.00 QUEENSBURY Local 0.00 Special Additional 0.00 Additional 0.00 Transfer 0.00 Tax Charge: 0.00 • RECORDED Counts Clerks Office Nor 05?2Q10 11:05A Pamela J. Vosel Warren County Clerk **THIS PAGE IS PART OF THE INSTRUMENT** I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY File Information: Record and Return To: Document Number: 2010-00001723 BARTLETT PONTIFF STEWART &RHODES PC Receipt Number: 155123 ONE WASHINGTON ST Recorded Date/Time: March 05, 2010 11:05:55A GLENS FALLS NY 12801 Book-Vol/Pg: Bk-RP VI-3978 Pg-119 Cashier/Station: s slater / Cash Station 1 DC IETEI T4 1-100017-). VOLUME 3978 PAGE : 120 (APB QUITCLAIM DEED FROM A CORPORATION THIS INDENTURE made the lday of December, 2009 between OVERLOOK AT C1%) HILAND HOMEOWNER'S ASSOCIATION, INC., n/k/a OVERLOOK HOMEOWNER'S 6 , ASSOCIATION, INC., a corporation organized under the laws of New York, with an address of 'O‘ PO Box 4173, Queensbury, New York 12804, party of the first part, and SEE SCHEDULE A attached hereto and made part hereof,parties of the second part, WITNESSETH,that the party of the first part,in consideration of One Dollar($1.00)lawful money of the United States, and other good and valuable consideration paid by the parties of the second part,does hereby remise,release and quitclaim unto the parties of the second part,their heirs and assigns forever, The party of the first part hereby conveys to each individual property owner identified in Schedule A attached hereto,all those decks,pavers and patios located in the Town of Queensbury, County of Warren and State of New York, as shown on that certain subdivision map entitled Overlook Homeowners Association dated July 2008 prepared• by Van Dusen& Steves Land Surveyors which map was filed in the Warren County Clerk's Office on November 20, 1008 in Plat Cabinet C, map 96 as each corresponds with the identified lot on such map. The Overlook Homeowners Association members have approved such conveyance' pursuant to the certain amended declaration of covenants, easements, restrictions and conditions dated October 3,2008 and recorded in the Warren County Clerk's Office on October 6, 2008 in book 3648 at page 69. BEING a portion of the property conveyed from Hiland Park to Overlook at Hiland Homeowner's Association,Inc.,by deed dated October 26,1989 and recorded in the Warren County Clerk's Office on November 2, 1989 in Book 773 at page 134 and also a portion of the property conveyed from Family Golf Centers,Inc.to Overlook at Hiland Homeowner's Association,Inc.by Boundary Agreement dated April 20,2000 and recorded in the Warren County Clerk's Office on April 27,2000 in Book 1163 at page 124.. Together with all right,title and interest,if any, of the party of the first part in and to any streets and roads abutting the above-described premises,to the centerline thereof. • Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises, 4, DOCUMENT-1F 000111723 VOLUME: 3973 PAGE: 121 • and to said premises, To have and to hold the premises herein granted unto the parties of the second part, their heirs and assigns forever. The property described above does not constitute all or substantially all of the assets of the party of the first part. This conveyance is being made in the usual or regular course of business of the party of the first part. IN WITNESS WHEREOF,the party of the first part has caused this deed to be signed by its duly authorized officer. OVERLOOK HOMEOWNERS ASSOCIATION, INC. ..� g- William By. tea �.B. Turley, President STATE OF NEW YORK ) )ss: COUNTY OF On the _flay of December in the year 2009 before me, the undersigned, personally appeared William B. Turley 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 the person upon behalf of which the individual acted, executed the instrument. C k s�]OQCOU3 No Public LLY S. CHADWICK Notary Public,State of New York Saratoga County, #01CH5053440 281461 Commission Expires Dec. 18,aadi Record and Return to: Jonathan C.Lappet.,Esq. Bartlett,Pontiff,Stewart&Rhodes,P.C. One Washington Street Glens Falls,NY 12801 DOCUMENT 00001723 VOLUME= 3973 PAGE: 122 SCHEDULE A Grantee, Property Address Deed Recording Book Page Date Madelyn T. Mahoney 02/27/1998 1055 214 16 Overlook Drive Leigh P. Beeman, 05/22/2001 1216 49 7 Overlook Drive Vitale H.&Mary C.Paganelli 05/08/2001 1214 130 9 Overlook Drive Gary E. &Diane M.Ellsworth 08/31/2001 1229 295 13 Overlook Drive Thomas I. &Susan L.Ford 05/18/2001 1215 274 15 Overlook Drive Larry J.Cleveland 05/09/2008 3522 166 X 18 Overlook Drive Anne C. Gohn as Trustee of the Anne C.Gohn Trust U/A/D December 19,2000 19 Overlook Drive 07/19/2001 1223 216 John&Florence Palermo 01/15/2004 1363 109 20 Overlook Drive John E. &Marianne M. Cunningham Jr. 08/13/2001 1227 1 X 21 Overlook Drive Earl C.&Sally B.Jones 02/25/2005 1433 128 X 22 Overlook Drive Aline C.Godnick,Trustee of the Aline C.Godnick Revocable Trust 25 Overlook Drive 02/26/2003 1309 1 Charles E. &Shirley B.Moore 01/21/2004 1363 296 26 Overlook Drive R.Scott&Wendy G. Severance 06/27/2006 2972 54 X 27 Overlook Drive Betty U.Morris 12/31/2001 1245 275 ' 28 Overlook Drive Robert G. &Sara G. Sellig 07/30/1990 799 125 31 Overlook Drive DOCUMENT 00001723 VOLUME`- 3973 PAGE= 123 Alan&Janice Eicher 10/16/2007 3399 52 .A 32 Overlook Drive JC James J. &Patricia A.Reilly 08/20/1999 1129 110 33 Overlook Drive John T. &Janice C.Rather 04/29/2003 1317 195 K 34 Overlook Drive Jane A&Fred H.Alexy as Trustees of the Jane A.Alexy Trust u/a/d June 23, 1997 37 Overlook Drive 12/02/1997 1045 118 Dolores Drozlek 02/26/2003 1308 339 38 Overlook Drive Bobby H.Braswell and Jenny Wai-Sze Chan 08/27/1990 801 242 X 39 Overlook Drive Maureen T. Sara,as Trustee of The Turley Family Irrevocable Trust,Dated 10/15/09 40 Overlook Drive 11/20/2009 3909 108 Charles Judson&Danielle K. Kellogg 05/2412000 1166 52 X 41 Overlook Drive Frederick A. &Annabelle M.Lapper 02/24/1995 941 42 + 43 Overlook Drive Lincoln D.Cathers 04/23/2002 1261 105 47 Overlook Drive Richard B.&Marilyn J. Sabayrac 03/05/2003 1310 69 IX 49 Overlook Drive I! WARREN COUNTY CLERK , i RECORDING COVER SI IEET i EMP.INITIALS 6IL INS'IRUMII:NI'H`r.2s_,1,i _ ../l�r D . 1I ! ■ NO.OF]'AGES 7 'fYPEi Or DOC13oandary Agreement r j I b ADDTL.FEE , 'fO11'N Qucettsbuty____ 0-1c)U 1 ADDTL.NAMES ,.__- — _ ___..__ _� a I, TRANSFER TAX AMT.S C * MORTGAGE AMT. S • • MORTGAGE TAX tl i TRANSFER TAX STAMP * MORTGAGE TAX STAMP * * U • I C RECEIVED * N REAL STATE • . APR�f 7 2000 • :1 r.. 1' • TRANSFER TAY, • WARREN COUNTY • ' Plense fill in blanks below hefore submitting for recording. PARTY OF'I'IlE FIRST PART imuily-Gulf_Ccutcrs,Inc.,________ PARTY OF TI Ili SECOND PAR')'Overlook ut.11ilund.11ontcow•ncr's Association,Inc. ROIDC'JQOC;;JSIZCZI LIC3. IIII/!I!I!I/IIIIIIIIJI,IIIII --.�-_. r / Recalling Stamp RECORDED BY / RETURN To CCili ✓_C�,;;ts. I ILI.J., ..._.e l��sy_._r(aa 07 I t.IDERL MOW?n -- -• I f A i Upon recording,this page becomes a Part of / C R �t.t l+Itri Cl1:�K I the document(53.00). / 00 APR 27 Ph 3t 15 l UI'S&R Form rra 36927(Itcv..WOO}9) RECORDED I . ' . X003-3007 • • • CTIC i. f BOUNDARY AGREEMENT AGREEMENT,made tlris�o day of April,2000,by and bctwccn Family Golf Centers,Inc., a Delaware corporation with an office at 538 Broadliollow Road,4th Floor,Melville,New York ("Family Golf') and Overlook At Hiland Homeowner's Association, Inc., a not-for-profit corporation organized and existing under the laws of the State of New York with an address of_ 41 N....dime Dvnvf.Q ,Quccnsbury,New York("Overlook"). I WHEREAS, pursuant to the Declaration of Covenants, Easements, Restrictions and :; Conditions for Overlook Homeowner's Association dated October 26, 1989 and recorded in the Warren County Clerk's Office on November 2, 1989 in Book 773 of Deeds at Page 119 (the W I t "Declaration"),Family Golf is the successor to the original sponsor of the Overlook at Hiluttd ;= townhouse development located in the Town of Quccnsbury,State of New York,and the owner in ti •• • fee of the"footprints"of the townhouse units to be constructed therein,us more particularly shown on a"Map of Overlook"prepared by Van Dusen and Sieves,filed August 22, 1988 in the Warren County Clerk's Office in Drawer 17 Folder 2, which footprint locations have been previously modified pursuant to the terms of a certain Boundary Agreement dated April 30, 1990 between Overlook and Hiland Park,a New York limited partnership which was the original sponsor of the Overlook at Hiland townhouse development,and recorded in the Warren County Clerk's Office on • May 15,1990 in Book 791 of Deeds at Page 322(as so modified,the"Subdivision Map");and • WHEREAS,pursuant to a certain deed dated October 26,1989 nnrl recorded in the Warren County Clerk's Office on November 2, 1989 in Book 773 of Deeds at Page 134,the property surrounding the original footprints was conveyed to Overlook in fee,(defined as the"Compton Property"in the Declaration). WHEREAS,the parties hereto agree that it is in their mutual interest to further modify the st boundary line between the footprints of the units and the surrounding Common Property in order to improve the site layout of the townhouse development; WHEREAS,the parcels subject to this Agreement are contiguous rind therefore no additional lot will be created by the conveyance provided for herein but,rather,the total number of townhomes in the development will be reduced by six(from 34 to 28);and WHEREAS, pursuant to the Code of the Town of Quccnsbury,Town Planning Board approval was granted for this boundary line modification on February 15,2000, NOW THEREFORE,in order to define and establish the modified common boundary line of the townhome footprints and the common property for all lime it is hereby agreed as follows: 1. A survey map which established the common boundary of the adjoining parcels in accord with the agreement of the parties hereto prepared by Van Dusca and Stoves dated November 18,1999 and revised March 2,2000,entitled Map of a Modification of Overlook at Hiland Park,has been filed in the Warren Comity Clerk's Office on March 31,2000 in Plat Cabinet B,Slide 138(the 1 • • • • � .._� . . ... _ r. , • • "Boundary Linc Map"). ! 2, horsily Golf hereby releases and quitclaims to Overlook,and its successors and I; assigns forever,all right,title and interest in and to any and all land lying outside of the townhouse 1. footprint boundary Ihtes designated on the Boundary Line Map. 3. Overlook hereby releases and quitclaims to Family Gulf, and Its surerefura+and assigns forever,all right,title and interest in and to any and all laid lying Inside of the townhonbe footprint boundary lines designated as townhouse units 1/1.16 on the Bouulnry Line Map. Om look agrees that the exact location of townhtousc footprint nulls 1.16 on the I loundury Line Map shall he deemed to be their as built location,when constructed. Said location shall be that bhown upon an cn "as built" map to be filed in the office of Warren County Clerk for each lownhmtbe nail to t W constnuctcd, 4. This agreement and the Boundary Line Map arc not Intended to and do not in any way modify the boundary lines between the common propctty and the townhoubc footpaints hicntIrird as 9, 10, 11, 12, 13, 14,29,30,31,32,33 and 34 on the Subdivision Map, S, This agreement shall nut with the land nod be binding upon the panties hcncto and enure to the benefit of their respective successors and assigns. j • 2 • i �.—. a 1- ..•. . ' t FAMILY GOLF CENTERS,INC. /,�%/ , 1 �'it Iiivi71( B Y• ' •, OVERLOOK AT HILAND PARK I r_ f` HOMEOWNER'S ASSOCIATION,INC. '^ t 12 c_ al By. I Dennis Beadle,President T ! • STATE OF NEW YORK ) )ss: '•VV 1 j • COUNTY OF WPAPN ) i . On the l 7 Kday of N"t in the year 2000 before mc,the undersigned,a Notary Public • in and for said state,personally appeared • 14 P. IC. ,personally known to me or • proved tome 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 the person upon behalf of which the individual acted,executed the instrument. C Notts Public C.WPM otL T tut WPM STATE OF NEW YORK ) ,► r't,•+ry rut*,su,toetMeiYcit, Uu Laed In w.n:n Co•a'ry • )ss1 (t21A4940141 COUNTY OF WARREN /��) r�•ren •arerp�o:t:ntcho,20`� On the �� day of. • in the year 2000 bcfAAre me,the undersigned,a Notary Public in and for said state,person la!y appeared Deial,S t A1x� ,personally known to me or proved tome on the basis ofsatisfactory 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 the person upon behalf of which 111e individual acted,executed the instrument. • ap41 */ I / Notary Pu. ic 1014u4 • • II.Wayne Judo Notary Pubtic,Stato of New York Warren County No.2908465 tAy Commission E>'pIresJulv30, 3 • • • • • site Plat Rottfaw RevitiUT - •. • - • 314 pigew iftpitowI tie tJ pap:oferiliortI4 Att A9 flf: EiTginOatifig Fs*ilsol.z0741ft• 34 AutbOrizAtiOn for Site WO; 4- Ow Fi.efpot (ta$04061010% tcal tolde.tha 0.1 .siffe 400 tia tO 00444 dtgtjrTiotilatiek }t114.1nt- - • . . . • _ _ _ - ft - - . • • OVNERAVADEtP5.1A - . _ roving-,i the OWNER ofte lakojaartig.i0 not tha g:_t_tiftegOoOli_ dg • hort _ Oi1oak at I-0 440d g Ag.0.00-14t-1-4ri• • mi-arrate : ISart.lef t..P■Witiff Ste*Eut 4 kl-toploo M05.611t_reg,;*140 _ Vat,00 _. TMap KW( Lot 4_ . _ • • 13cali • PAO . GatE 11itiMSIONa:141014._ io _ _ . _ _: _ . _ 41111111 m mi I LI rlfriZiff7:-%M trt4=1- APKWAttetWENT,43fil: _- 1 Or-WV if trig 41*-1.4MT: Oaf*k atkatti the 1740fg or t b rOPIOgen.tgcl by-3-ttoig 1:1000.afeA: _ _ 2 ' Aagent • . . : .. . . . regarding ' " VaJe _ altilkilS1(111' FF TOrx,ikit of)No -'•• $:*4-0-11. - 131-* Let need : :Book Pkm ........ Date - • ilitOttftttatkitRL: _ _ tfATE: ..._____ • •••• • ....... •••• ..... . . . „ z ' ^ - •- • • - _ _ , _. _ . _ ! 44- EfsitattElk#46.tEE DISCLOSURE: Ogifr;.atibns•yrOf be telOffedlo MO-,TWA Obriskik00 engineer toFepc 0010- - ofin drainage etc as determined fees far englileblart FeVA*1 4*** i be fttogi dirootqe the aPPIcOfti. Pees for engirrfrg IMII tictextze0 1:C0'464 Wiitabilil to'tf.j"kaptOoa4 AtfttilaRizAVOict FOR SE inttfSf. By t Ortihg thisi:pa:06 a--afttibiferig itt agoliI3ittle*ataiwars attached Wittik Itte Cakter-7.;. Applipirit and 5.S4idthfieir aiten(tsjAiete* thonze the:Zak tisAti or E1siviO0 Board and TWO Slaff to OW the wet ptio-egfeg-0.tiigogo*d OfTeifteMn4 fffe:VAtiza.t.Eb11: 01:01044, • .6114ERPERIVIlt:RESPOI4SIgliffiES: Othet pOrrbits may be-_feCtfre0 for abilatNetott: alteration aoti.*subgrifetwit to topool A66Ect: ft thite vphiaEjii6 mspoigtbietyig of-.7kingn't Wi*5001 RIR* - tirticikLiViEttiNG rAINUT:tDISCLOtinkb It is the pacthot1 hi tottrovorlya.o_vet.oprifeot.tAtiortmeta to tug?:a 4asitjiarof gayogapheaapbteiprd the aroce.acings of meetins resulUng frOitt.appribatibbk and itwutee transcriba4 from 1h tapes ciihrstAt44* ftf0 arritial- te1410.0teecrifcas, .6.1 AGREEMENT TO PROVIDE DOCUMENTATION RE=REEF f, th 11- rgiff.4 blot-011 rzwj•Ontl Widentarit;the WitrlidOLS fei:St14MiSWE and agfeertpiThe siibthission req nrenr I akkisRIN40-11 gI;IFI*06ft5i1 ods4004-shall txfilortfitoclo p )/- t Is$4ortoe of wvokt 1-oopt. f ceray:tkat the=011110a0:11:planll rd oppctt1ing lattoriOfs are a %le- arld -b901.0010: *rfnifieptickesr,ittiat of frig,aidsfiti-4 tRindition afiti the IMO proposedk*lc/Ail*alt-ktatit tar 1st galltayetOd 4.040aLsoje:witt The approved plans andia confotinabce yiith local zoning regIations 1 W*FilliWfectoffrai pirtb Wigi060 the rataift 000-004 I or my WM%will obtain a ce ctilitate•of occupancy as necessary ;I afsAigiclarStabct.ThtY d WV be require broloA a$L--43OlittIrpayioy a Iicembil fa:pdftrii_ey'bi-of of ,cg...isfri.ictectfactfities:pro rlle Isuance of t`b-edproaitkbf ottffp-.We 2 2 and afee tThe offtsVA:= • • ,> • . _• •.• _ • •- - ik_trtITMMT.! : WriVrilf re [AppfrdJ Da— 1,,rittcr.r4ovA.131. fAgetgl — - sign TOW ottipoorioury Mintag I.DtKe M2 Ray ffoa 'iueentitlj.tfe 128-04 11 •