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Home My WebLink About20200022 Top Dog Subdivision Tait Correspondence 6-8-20 6/8/2020 Zimbra Zimbra jennifer.merriman@saratoga-springs.org 0200022 Top Dawg Enterprise Subdivi Seward St - appeal letter.docx inclusions From : Rose Mary Tait <tait7@aol.com> Mon, Jun 08, 2020 02:35 AM Subject : 0200022 Top Dawg Enterprise Subdivi Seward St - ,p}2 attachments appeal Ietter.docx inclusions To :Jennifer Merriman <JENNIFER.MERRIMAN@SARATOGAHj - SPRINGS.ORG> JUN , 020 II Cc : Bradley Birge <bbirge@saratoga-springs.org> � ' CAUTION:: This email originated outside of the City netvvor . Support if you need assistance determining if it's a threat before opening attachments or clicking any links. June 7, 2020 City of Saratoga, Zoning Board of Appeals 474 Broadway, Saratoga Springs, NY 12866 Re: Top Dog Enterprise Subdivision — 46-46A Seward Street #20200022 Dear Ms. Jennifer Merriman, Jennifer, I believe the ZBA should be aware of this information & its impllications at tonight's meeting. Would you please attend to this being posted and brought to their attention? Thank you. I am the former owner and have been for decades and have thorough knowledge of all the properties including the uses and would like to provide some information pertaining to the variances for the 4 lot subdivision variances regarding 46 & 46 A Seward St including Van Dorn. I would like to make the Board aware of a few concerns and become apart of the record during the meeting regarding this proposal. They are as follows: 1) I currently have a 5 year lease to use the existing garage (only) which has the apartment above directly behind the main house at 46 Seward St. It appears by the proposal that the owner is planning on retaining this building so my lease will still be useable. If the Board chooses to have this building removed as part of their approval then the owner will need to postpone this part until my lease if fulfilled. (see attachment) 2) I would like to bring attention to the Board that the vacant lot just south of the yellow nursery school has a sewer lateral running through this vacant lot. The sewer lateral is a private service which comes from the neighboring property which faces Seward St. There are also easements for this purpose and others within the deed. Therefore, development of this lot will be difficult to approve. (see attachment) 3) The information provided within the appeal appears to be a little contradictory because, it mentions converting the yellow nursery school into a single family home. https://m.saratoga-springs.org/h/printmessage?id=105390&tz=America/New_York 1/2 6/8/2020 Zimbra However, this building will straddle the property line at the rear of the building as it is shown. Then in other documents it shows the nursery school lot becoming a new lot for the construction of a new home. This should be addressed and corrected appropriately. 4) I would like to bring to the Board's attention, that I haven't read through the documents, because the ZBA website is still difficult to use. Documents still won't print. I appreciate you taking my comments into consideration throughout this subdivision variance process. Sincerely, Rose Tait 518-424-0660 Rose Tait Seward St - lease agreement.pdf 718 KB Seward St - deed.pdf 1571 1 MB https://m.saratoga-springs.org/h/printmessage?id=105390&tz=America/New_York 2/2 LEASE AGREEMENT The Landlord and Tenant agree to lease the Premises at the Rent and for the Term stated on these terms: LANDLORD: TENANT: Top Dog Enterprises,LLC Rose Tait Address: 1571 Central Avenue Address:46 Seward Street Colonic,NY 12205 Saratoga Springs,New York 12866 Premises: The Garage at No.46-46A Seward Street for a golf cart and other miscellaneous personal property Lease Date: May ��,2019 Term: Beginning: May;/,2019 Monthly Rent 5-0- Ending: May n2.1,2024 Security $-0- 1.Rent There is no rent,as the Tenant is the former owner of the Premises and pursuant to the terms of the sales agreement between the parties hereto,is permitted to lease the garage rent free. 2.Use The premises rented to the tenant by the landlord are for a golf cart and other miscellaneous personal property,with access across the driveway to the garage. If the tenant wishes to use the leased premises for any other reason,the tenant must obtain the written permission of the landlord to do so. 3.Tenant's duty to obey laws and regulations Tenant agrees to comply with all laws,orders,rules,requests and directions,of all governmental authorities,landlord's insurers,Board of Fire Underwriters,or similar groups. Notices received by tenant from any authority or group must be promptly delivered to landlord. 4.Repairs The tenant has no obligation to make repairs to the garage,its door,or the driveway providing access to the garage. 5.Glass,cost of replacement The landlord shall replace ail glass broken during the terra of this lease,unless broken by tenant 6.Alterations The tenant agrees not to make any alterations or improvements to the garage or the driveway accessing same. 7.Assignment and Sublease This lease is personal to the Tenant and the Tenant is not permitted to assign this lease or sublet any part of the Premises. 8. Entry by the landlord or other tenants Tenant will not block access to any utilities or fixtures located in the garage_ Further,the tenant agrees to allow the landlord to enter the leased premises at any reasonable hour to repair, inspect,install or work upon any fixture or equipment in said leased pneniises.and will notify tenant in advance unless it's an emergency. 9.Fire,accident,defects and damage Tenant must give landlord prompt notice of fire,accident,damage or dangerous or defective condition. Landlord need only repair the damaged structural parts of the Premises. Landlord is not required to repair or replace any equipment,fixtures,furnishings or decorations unless originally installed by Landlord. Landlord is not responsible for delays due to settling insurance claims,obtaining estimates,labor and supply problems or any other cause not filly under landlord's control.Landlord has the right to demolish or rebuild the building if there is substantial damage by fire or other casualty and will provide an area on this property for golf cart&miscellaneous personal storage. 10. Waivers If the landlord faits to enforce any terms of this lease,said action by the landlord shall not be a waiver of any of the landlord's rights. If a term of this Iease is determined to be illegal,then the rest of this lease shall • remain in fall force and effect and be binding upon both the landlord and the tenant 11. Quiet enjoyment The landlord agrees that if the tenant complies with all of the other terms and conditions of this Iease,then the tenant may peaceably and quietly have,hold and enjoy the Premises leasedtereunder for the term of this lease. 12. Les,se,parties upon whom binding This lease is binding upon the landlord and the tenant and their respective heirs,distributes,executors,administrators,successors and lawful assigns. 13. Space"as is" Tenant has inspected the Premises. Tenant states that they are in good order and repair and takes the Premises"as is." 14. Special Provisions: a. Snow Removal Landlord has no obligation to remove snow from the driveway to provide access to the garage. b. Insurance Tenant,if she desires,may maintain a renter's insurance policy covering tenant's personal property and Tenant's liability_ c_ Driveway Landlord will keep the driveway free of cars or obstacles which would impede tenant's access and/or removal of her golf cart or miscellaneous personal property. Termination This lease shall terminate at the end of 5 years,as indicated above,or 7 months after the death of the Tenant Signatures,effective date The parties have entered into this Lease on the date first above stated. This lease is effective when landlord delivers to tenant a copy signed by all parties. LANDLORD- • TENANT" DATE: DATE: _ • 9 -0 , 0) r:11 ..„ 6 r4 ,Ook 4t; c •ftt. < r :C t-'• 41 > - rr ba6 ,40 ^•tie . • T.r_j_ • • • • „.• __ TnsmT_c uAw mmm++xru.•aw.�.++•m......+a 'FORTF 551X ;;.t nt.zs,�v.Milt).\ry...m L.,.ro..,,.nt iFe,,.x roa,ows.*,"x: STA E OF NEW YORK f ]� ght0Jit -LS MIkrep SARATOGA CO-MY Ct R#i'S OFF/CE RECO L-•;t'=mu__ ' , my OF--:,:.:!z7,,,L_ 19_/:• ' AY` :Slade the . da! o September -- ,-..1/.....MI r < OF• Nineteen. Hundred and Seventy-three AT PAGE__ , •-• 7 E2 un W. J. GRANDE & SON, INC. of 658 Ilk a'r s / 'el ,f Mali North Broadway, Saratoga Springs, New York a corporation organized under the laws of the State of New York , party of the first part, and HARRY J. TAIT, JR.. of 66 Seward Street, Ballston Spa New York and RUSE PRESTERA of R.D. #3 Ballston Spa, New York, part les of the second part, a,x, P_ that the party of the first part,inconsideration of -ONE AND NO/104 - Dollar (3 1.00 ) lawful money of the United States, and other good and valuable considered ons paid by the part les of the second part,does hereby grant and release unto tne parties of the second part, their distributees and assigns forever,all THAT LOT OR. PARCMY, OF LAND situate, lying and being in the City of Saratoga Springs, Saratoga County, New York, bounded and described as follows:- BEGINNING at a point in the west line of VanDorn Street, said point being the southeast corner of the premises presentl, owned by Tait; running thence south 06° 14".W along the westerly line of VanDo n Street, 84.0 feet to a point; thence north 830 07" W 128.09 feet to a point; thence north 07° 26' -E 23.51 feet to a point; thence north 12° 50' E 74.96 feet to a point; thence south 76° 22'30" v 119.96 feet to the point or place of beginning. BEING a portion of the premises conveyed by Harry Thompson to W. J. Grande & Son, Inc. by deed dated June 27, 1969 and recorded in the Saratoga County Clerk's Office June 30, 1969 in Book 854 of Deeds, at page 221. SUBJECT to sewer and water line easements and ease- ments of Niagara Mohawk Power Corporation, if any. THIS conveyance does not represent all or sub- ' stantially all the assets of W. J. Grande & Son, Inc. and is made in the regular course of business of such corporation.. RESERVING to the 1,rantor, its successors and assigns, easements for water and sewer lines servicing premises known as Nos. 38, 40 and 42 Seward Street, with the right to enter upon the land to maintain, service and replace same. r.•4'a"s-. 12 +3 13, ..4-4 L +11�",;.�#.$}''?S .ZE9#112'441�`e' iti :ice .2;14.10,:n 11Sy.q.",-.4 4:7‘...,;,,,,,w--.:11 ,,,....,e,.? _ :,ccs, no i-,-,i 917 _t ren•. with the appurtenances and all the estate and rights of the party of the first part in and to said premises, MI ,,= eek t to iJi the premises herein Granted unto the part ies of the second part, their distributees and assigns forever. • Anil the party of the first part covenants as follows: Nit, That the part iesof the second part shall quietly enjoy the said premises; E'srnni, That the party of the first part will forever 0, <I':the title to said premises. i1hirb, That, in Compliance with See. 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. Jniikes nce of _ - . tt tif3nzal of the party of the first part has caused its corporate seal to be hereunto affixed, and these presents ;, r .- to be signed by its duly authorized officer • ` i. this .26 day of September - ,7 r+ s ..',.4.,.' , . Nineteen Hundred and Seventy-three W. J. GRANDE & SON, INC. * r f—'1, "'-mak , By /�(/��Fir J,y '-Wiz+-i/ +� $ .y r,1,‘'"-a;• ••' til. and .L i; ande President • Vi Malt,uf-ed`Vick .,• / On this 7z day of September Q runt of 1 Saratoga 1 ss' .Nineteen T-Iundred and Seventy-three before me personally came -- Willard-t. Grande to me personally known, who, being by me duly sworn, did depose and say that he resides in Saratoga Springs, New York; that he is the President of W. J. GRANDE & SON INC. the corporation,described in,and which executed,-the withru Instrument;that he knows the seal of said corporation; that the 's-eal.affised to said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name hereto y like order. /- ...,„4,d--,1 e-7- ..*)-...,, ' NOTARY PUBLIC 3GGx S3) MT 718 a.: