Date: January 26, 2019

State of New York

County of Saratoga

In the Matter of a
Protest Petition
Under New York State Town Law Section 265,
In opposition to the proposed
The Spinney Group PUDD
60 Middleline Road
SBL # 238.-2-26.2

PETITIONERS:
The owners of twenty percent or more of the area of land immediately adjacent to 60 Middleline
Road included in such proposed change, extending one hundred feet therefrom;  or
The owners of twenty percent or more of the area of land directly opposite thereto, extending one
hundred feet from the street frontage of The Spinney Group PUDD 60 Middleline Road.

SUBMITTED TO:
The Town of Ballston Town Board
323 Charlton Road
Ballston Spa, New York 12020
 To the honorable Town of Ballston Town Board:

The Protest Petition pursuant to Article 16 of the Town Law of the State of New Section 265.1
(b) or (c) that is attached hereto is respectfully submitted to the Town Board of the Town of
Ballston in the County of Saratoga, in the State of New York by the undersigned Petitioners.
The Petitioners are the (b) owners of twenty percent or more of the area of land immediately
adjacent to that land included in such proposed change, extending one hundred feet
therefrom; or the (c) owners of twenty percent or more of the area of land directly opposite
thereto, extending one hundred feet from the street frontage of land known as 60 Middleline
Road in section 239.34, lot 1, block 7 of the tax map in the Town of Ballston, County of
Saratoga, State of New York. The Petitioners protest and oppose the The Spinney Group PUDD
60 Middleline Road.

NEW YORK STATE CONSOLIDATED LAWS, TOWN LAW, TWN § 265.

1. Such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall
be effected by a simple majority vote of the town board, except that any such amendment shall require the
approval of at least three-fourths of the members of the town board in the event such amendment is the subject
of a written protest, presented to the town board and signed by:
(a) the owners of twenty percent or more of the area of land included in such proposed change; or
(b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such
proposed change, extending one hundred feet therefrom;  or
(c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred
feet from the street frontage of such opposite land.
The provisions of the previous section relative to public hearings and official notice shall apply equally to all
proposed amendments.
2. Amendments made to any zoning ordinance (excluding any map incorporated therein) adopted pursuant to
the provisions of this chapter shall be entered in the minutes of the town board;  such minutes shall describe and
refer to any map adopted in connection with such change, amendment or supplement and a copy, summary or
abstract thereof (exclusive of any map incorporated therein) shall be published once in a newspaper published in
the town, if any, or in such newspaper published in the county in which such town may be located having a
circulation in such town, as the town board may designate, and affidavits of the publication thereof shall be filed
with the town clerk. Such ordinance shall take effect upon filing in the office of the town clerk. Every town
clerk shall maintain every map adopted in connection with a zoning ordinance or amendment.
Therefore, by this Protest Petition formally protesting and opposing the proposed Zoning Amendments or
Zoning Law changes pursuant to Town Law 265, the approval of the proposed The Spinney Group PUDD at 60
Middleline Road requires the approval of at least three-fourths of the members of the Town Board.
 PROTEST PETITION
PURSUANT TO NEW YORK TOWN LAW SECTION 265,
FILED BY THE OWNERS OF LAND LOCATED WITHIN THE TOWN OF BALLSTON,
COUNTY OF SARATOGA, STATE OF NEW YORK,
TO OBJECT TO THE PROPOSED THE SPINNEY GROUP PUDD at 60 Middleline Road.

Dated: January 26, 2019

To the Town Board of the Town of Ballston, State of New York:

The undersigned are the owners of record of the real property in the Town of Ballston that is
(b) the owners of twenty (20) percent or more of the area of land immediately adjacent to that land included in
such proposed change, extending one hundred feet of 60 Middleline Road in the Town of Ballston. Or (c) the
owners of twenty (20) percent or more of the area of land directly opposite thereto, extending one hundred feet
from the street frontage of 60 Middleline Road in the Town of Ballston. The undersigned land owners are the
Petitioners and own twenty (20) twenty percent or more of the area of land as described above and in NYS
TWN § 265.1(b) or (c) as set forth in “Attachment A” hereto consisting of 8 pages which include 13 signatures
which have all been notarized.

The Petitioner hereby protests and formally objects to the Zoning District that would be created by the proposed
The Spinney Group PUDD 60 Middleline Road pursuant to the NYS TWN § 265 which affects the parcels
listed next to the respective signers’ names.

The below undersigned understand and attest to what is being requested as stated herein:

The below undersigned respectfully request that utilization of this property at 60 Middleline Road in the Town
of Ballston remain zoned as rural / business highway - 2 so as to maintain the current zoning requirements and
maintain its TDR designation as sending.

This petition would also apply if and when the currently proposed zoning laws as described on the town’s
website be approved which would also give The Spinney Group an option to request zoning pursuant to a
Senior Living District and enacted.

Pursuant to NYS TWN § 265.1(b) or (c), a resolution to accept the proposed The Spinney Group PUDD 60
Middleline Road requires the approval of at least three-fourths of the members of the Town Board, in the event
that such a resolution is the subject of a written protest by (b) the owners of twenty (20) percent or more of the
area of land adjacent to The Spinney Group PUDD 60 Middleline Road, Or (c) the owners of twenty (20)
percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage
of 60 Middleline Road in the Town of Ballston. as set forth herein.
 Attachment A continued

PROTEST PETITION
SIGNATURES

Therefore, by this Protest Petition formally protesting and opposing the proposed Zoning
Amendments or Zoning Law changes pursuant to Town Law 265, the approval of the proposed
The Spinney Group PUDD at 60 Middleline Road requires the approval of at least three-fourths
of the members of the Town Board. The undersigned land owners are the Petitioners and are the
owners of the properties listed herewith.

STATE OF NEW YORK

COUNTY OF SARATOGA

On the ___ day of __________ in the year _____ before me, the above signed individuals, personally
appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose names are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacities, and that by his/her/their signature(s) on the
instrument, the individuals, or the person upon behalf of which the individuals acted, executed the
instrument.

______________________________
Notary Public

Printed Name: _________________

My Commission Expires: ____________