Application & DeedArea Variance [ZBA approved: September 21 2016]
296.9-1-10.12
Tax Parcel ID Number:
CM
Zoning District:
General Information
Detailed Description of Project [include current & proposed use]:
Retail display & sales and restaurant
Current Use:
Proposed Use:
Location of Project:
Restaurant space - seasonal outdoor dining & retail displaylsales areas similar us
1066 NYS Route 9 - Formerly Sutton's & Farmstand & Flatbread
Applicant Name:
Furniture House North LLC
Mailing Address
1254 Route 9P
Home Phone
City, State, Zip
Saratoga Springs NY 12866
Work Phone
518-798-0133
Cell Phone
518-528-1290
E-Mail:
tftu-niturehouse@aol.com
FAX No.
Agent's Name:
Ethan Hall - Rucinski Hall Arch
Mailing Address
134 Dix Ave
Home Phone
. City, State, Zip
Glens Falls NY 12801
Work Phone
518-741-0268
Cell Phone
518-260-2888
E-mail
ephall@rha-pc.com
FAX No.
518-741-0274
Owner's Name
Furniture House North LLC
Mailing Address
1254 Route 9P
Home Phone
City, State, Zip
Saratoga Springs NY 12866
Work Phone
Cell Phone.
518-528-1290
E-mail
tfurniturehouse@aol.com
FAX No.
Page 1
RUCINSKI HALL ARCHITECTURE
Ronald Richard Rucinski
Ethan Peter Hall
134 Dix Avenue
Glens Falls NY 12801
Voice 518 741-0268
Fax 518 741-0274
Email ephallCcarha-pc.com
Project Narrative — The Furniture House North — Restaurant Side
The current Owner of the property, Mario Di Sienna, has been working on renovations and repairs to
the existing restaurant (formerly Sutton's and Farmstand & Flatbread) for the past 20 months. Many
repairs have been made to the overall structure and interior of the building as well as fagade repairs
and renovations which include the re -siding (color change) of the building fagade along Route 9 and
the south facing elevation facing the parking area. Window relocations and additions have been
made on the Route 9, west facing elevation. The existing exterior brick patio which was badly
deteriorated and uneven for dining and walking has been replaced with cast in place concrete patio
which has the same footprint as the previous brick patio and has also extended to the south over what
was deteriorated asphalt paving. New asphalt paving is planned to replace the driving surface in the
area to the south as well.
The roof over the outdoor service area has been replaced to eliminate the drainage problem that was
created which led to the deterioration of the siding and framing of the south wall of the building. The
planter which was constructed on top of the brick patio and up against the wood framed exterior wall
of the structure has been removed to repair the exterior wall and the new concrete patio has replaced
this surface to provide positive drainage away from the building.
The entire interior of the building has been updated with new finishes and fixtures as well as
expanded toilet facilities and renovated kitchen space with all new equipment and fire suppression
systems. The entire building is sprinklered and the existing system has been updated to current code
compliant standards as well as the fire alarm system which is now current and code compliant.
Site plan review is being required for the renovations to the alterations that have been made to the
building and previously existing photos and current photos of the property have been included in the
submission package. The vehicle clips that have been installed on the exterior of the building are in
the locations of previous signage as shown by the included photographs of the building. These
vehicle clips have low wattage LED bulbs installed in the lenses of the vehicle lights which do not
illuminate beyond the fagade of the building and are on a switched circuit so they can be shut off.
New gooseneck light fixtures with LED bulbs have replaced the previous gooseneck fixtures and low
voltage LED wall washer light fixtures with cut-off lenses have been installed on the building fagade,
these fixtures are also on switched circuits so they can be shut off and are also on a timer to
automatically shut off the light fixtures at 11:00 pm.
No expansion of the exterior patio space is currently planned. The currently installed overhead doors
on the front fagade will be operable only for ventilation and are not part of the required egress path
from the building. The lawn area outside of these spaces will remain as it currently exists and
additional landscape plantings are planned along the fagade of the building. The new concrete patio
which replaced the brick patio will be separated from the parking and driving surfaces with decorative
concrete planter bases and decorative concrete dividers between the planter bases. The planter
bases will have ornamental trees planted in them.
Y:\Sutton's Fumiture\Farmstand and Flatbread - 2022\Paperwork\Project Narrative - 16 Mar 2024.doc
The current lot has a reciprocal parking agreement for shared parking with The Furniture House (also
owned by Mr. Di Sienna) for shared parking between the restaurant and the retail furniture store. The
total number of available parking spaces on both lots is 143 spaces. The required parking for the
restaurant space and retail merchandise display on the upper floor is 58 spaces in the off season and
when the seasonal outdoor dining area is included the total required number of spaces is 73 spaces.
The subject parcel has a total of 84 spaces when the upper parking area is included in the overall site
consideration. If the 31 spaces on the top lot are excluded for non -seasonal use the total lower level
parking spaces are 53 spaces. The adjoining property has a total of 59 spaces and the parking
requirement for The Furniture House is 38 spaces for all total retail merchandise, warehouse &
employee parking spaces. The total non -seasonal available parking for the lower lot is 112 spaces
which is ample parking for the non -seasonal use of the two businesses. There are currently no
parking issues on the property and none are anticipated with the re -opening of the restaurant
business.
YASutton's FumitureTarmstand and Flatbread - 2022TaperworkTroject Narrative - 16 Mar 2024.doc 2
Area variance [ZBA approved: September 21 2016]
Site Development Data
Area / Type
Existing sq..
Proposed
Addition sq., ft.
Total sq. ft.
A. Building footprint
7,379
0
7,379
B. Detached Garage
1932
0
1,932
C. Accessory Structure(s)
6,001
0
6,001
D. Paved, gravel or other hard surfaced area
44,222
0
44,222
E. Porches / Decks
NA
NA
NA
F. Other
NA
NA
NA
G. Total Non -Permeable [Add A-F]
59,534
0
59,534
H. Parcel Area [43,560 sq. ft. / acre]
120,231
-
120,231
I. Percentage of Impermeable Area of Site [I=G/H]
49.52%
-
49.52%
Setback Requirements
Area
Required
Existing
Proposed
Front Yard [1]
75'-0"
46'-11"
631-4"
Front Yard [2]
NA
NA
NA
Shoreline
75'-0"
NA
NA
Side Yard [1]
20'-0" (50'-0" sum)
24'-8"
24'-8"
Side Yard [2]
20'-0" (50'-0" sum)
43'-0"
43'-0"
Rear Yard [1]
25'-0"
258'-7"
258'-7"
Rear Yard [2]
NA
NA
NA
Travel Corridor
75'-0"
46'-11"
63'-4"
Height [maximum]
40'-0"
32'-0" +/-
32'-0" +/-
Permeability
30%
50.48% 50.48%
84/143 84/143
Number of parking spaces
58 winter/73 summer
Page 2
Area Variance [zBA approved: September 21 2016]
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? No
2. If the parcel has previous approvals, list application number(s): SUB1-2014/AV-37&38-2014
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit
Program? _ Yes /X No
4. Estimated project duration: Start Date: 4/2024 End Date: 5/2024
5. Estimated total cost of project: $20,000
6. Total area of land disturbance for project: 1,000 SF
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
120.231 s . ft.
Existing Floor Area
s . ft. [see above definition]
Proposed Additional Floor Area
s . ft.
Proposed Total Floor Area
22,210 s . ft.
Total Allowable Floor Area
(Area —TUT see above table
Page 3
Area variance [ZBA approved: September 21 2016]
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-3-040
Need relief from the requirement(s) listed below which can not be met by the project as proposed.
[Check all that apply] [l Setback ❑ Buffer Zone []LotWidth ❑Other
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?
No - The minor amount of roof expansion takes place over the outdoor patio and is farther from Route 9 then the rest of the
building - no change is anticipated _
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?
No - The expansion of the roof is within the front setback area currently
3. Whether the requested area variance is substantial?
NCI —The amount nfthe relief k minimal and is lPce than the exicting frnnt Rethack ie rnrrently
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
No - there will be no adverse effect on the environment by the minor expansion of the roof.
5. Whether the alleged difficulty was self-created?
The difficulty is self create _ however any modification to the far would raQ the existing building
facade 111YE a Varian GP, d11P. to i
beim- within the 5' front � and setback.
Page 4
Area Variance [ZBA approved: September 21 2016]
Section 179-14-030 —Application materials
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
All
2
Deed
Yes
3
North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet I
C-1
4
1 Boundaries of the properq plotted to scale, zoning, boundary
C-1
5
Principal structures, accessoly structures with exterior dimensions
C-1
6
Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing !&
proposed
C-1
7
Setbacks for all structures and improvements: existin & proposed
C-1
8
Elevations and floor plans of all proposed and affected structures
Photographs
B.
Water &Sewer
Shown on Sheet#
1
Project sewage disposal facilities, design details, construction details, flow rates, and number of
bedrooms proposed
Existing unchanged
_
2
Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
proposed on -site water supply and septic
Existing unchanged
3
Separation distances for proposed sewage disposal system to well and water bodies
Sewer
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
Municipal
5
Percolation test location and results
NA
C.
Parkin / Permeable Areas
Shown on Sheet #
1
Number of spaces required for project including calculations and justification: existing &
proposed
C-1
2
No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material e.., gravel,paved]
C-1
3
Provision for pedestrian and handicap access and parking: existin & proposed
C-1
4
Design details of ingress, egress, loading areas and cutting: existin & proposed
C-1
5
Location and character of green areas [existing and proposed], modification to green area, buffer
zone to remain undisturbed
C-1
6
Lighting, location and design of all existing and 2roposed outdoor lighting
C-1\A-1 & A-2
D.
Additional Site Development and Miscellaneous
Shown on Sheet
1
On -site & adjacent watercourses, streams, rivers, lake and wetlands
C-1
2
Utility / ene a distributions stem as, electric, solar, tele hone : existing & proposed
C-1
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.
C-1
4
Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial
activities: existi & eroposed
C-1
5
Si a e: Location, size, type, design and setback: existing & proposed
C-l\A-1&A-2
6
Waiver Request: provide letter with application requesting any waivers: please reference
specific items
None
7
Commercial / Industrial Development requires submission of Landscaping, Stormwater
Mana ement, Grading & Lighting Plans
No changes
8
Identification of Federal, State or County permits required for the project together with a record
of application for all necessary permits
None
Page 5
Area Variance Pre -Submission Conference Form / Section 179-9-040
1. Applicant Name: Furniture House North LLC Restaurant
2. Tax Map ID
3.
4.
5.
6.
296.9-1-10.12 Location: 1066 State Route 9
Zoning Classification CM 2.76 ac
Applicant has completed facade work including painting, window location, auto part fixtures, lighting. The outdoor patio area roofline has been extended.
Reason for Review: planters and seasonal seating are to be added to the outdoor patio area. There are no changes in the number of seating for the restaurant
Zoning Section #• 179-3-040 CM- outdoor dining, exterior facade changes
Pre -Submission Meeting Notes: Provided
Deed X
General Information complete X
Site Development Data Complete _
Setback Requirements Complete _
Additional Project Information Complete X
FAR addressed X
Compliance with Zoning Ordinance X
Checklist items addressed X
Environmental Form completed na
Signature Page completed X
Outstanding; Please provide by
size of new roof portion to be added
setback to new construction, parking needs to be same on both
Applicant has completed facade work including painting from brown to white, window location, auto part
art fixtures, and updated lighting fixtures. The outdoor patio area roofline has been extended and the patio
area has been updated with concrete. Planters and seasonal seating are to be added to the outdoor patio
area noting one tree has been removed closest to the store entry. The building will remain as a restaurant
and store. There are no changes in the number of seating for the restaurant. Site plan review for addition
to covered patio area and updated facade. Area Variance for new roof over patio setback 62.0 ft is existing
and 75 ft is required.
reviewed: site plan application, site drawings with details of areas to be improved
to be updated or provided
1) site data -size of new roof addition over covered patio area, parking needs to be same in site plan and
area variance application, setback should be to new roof construction per survey
Staff Representative
Applicant / Agent:
Laura Moore via email 03/25/2024
Ethan Hall via email 03/18/2024
Date: 3/25/2024
Page 6
Area. Variance [ZBA approved: September 21 2016]
This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.)
Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentation required.
OWNER'S AGENT FORM:
Owner:
Designates:
Variance Site Plan
For Tax Map No.:
OWNER SIGNATURE:
APPLICANT'S AGENT FORM:
Complete the following if the OWNER of the property is not the same as the applicant:
as Agent regarding the following:
Subdivision
Deed Reference: Book Page Date
DATE:
Complete the following if the APPLICANT is unable to attend the
meeting or wishes to be represented by another party:
Owner: Furniture House North - Mario ]
Designates. Ethan Hall - Rucinski Hall Architecture as Agent regarding the following:
Variance_ Site Plan _
For Tax Map No.: 296.9-1-10.12
OWNER SIGNATURE:
Subdivision
Deed Reference: Book Page Date
DATE: 18 Mar 2024
2.) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic
design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be
charged directly to the applicant. Fees for engineering review will not exceed $ 1,000 without notification to the applicant.
3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the
Owner, Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject
properties for the purpose of reviewing the application submitted.
4o OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to
approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits.
5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a
designated stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those tapes
constitutes the official record of all proceedings.
6. � AGREEMENT TO PROVIDE DOCUMENTATION REQUIRE : I, the undersigned, have thoroughly read and understand
the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be
commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete
statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the
approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or
my agents, will obtain a certificate of occupancy as necessary. I also understand that Uwe may be required to provide an as -built
survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy
I have read and agree to the above.
Signatu ' ppli
Signat Agent]
Mario DiSienna
Print Name [Applicant]
Ethan P. Hall
Print Name [Agent]
18 Mar 2024
Date signed
18 Mar 2024
Date signed
Page 7
WARREN COUNTY — STATE OF NEW YORK
PAMELA J. VOGEL, COUNTY CLERK
1340 STATE ROUTE 8,
LAKE GEORGE, NEW YORK 12845
COUNTY CLERK'S RECORDING PAGE
***THIS PAGE IS PART OF THE DOCUMENT- DO NOT DETACH***
Recording:
Cover Page
5.00
Recording Fee
35.00
cultural Ed
14.25
Records Management - Coun
1.00
Records Management - stat
4.75
Additional Names
0.50
BOOK/PAGE: 6487 / 148 TP584
5.00
INSTRUMENT•#: 2021"9371 RP5217 - County
9.00
RP5217 All others - State
241.00
Receipt#: 2021545803
clerk: -AD
Rec Date: 11/12/2021 10:57:02 AM
Doc Grp: RP
Descrip: DEED
Num Pgs: 4
Rec'd Frm: BARTLETT PONTIFF STEWART &
RHODES PC
Partyl: SUTTON S MARKET PLACE INC
PartyZ: FURNITURE HOUSE NORTH LLC
Town: QUEENSBURY
Record and Return To:
BARTLETT PONTIFF STEWART & RHODES PC
ONE WASHINGTON STREET
PO BOX 2168
GLENS FALLS NY 12801
sub Total: 315.50
Transfer Tax
Transfer Tax - state 4300.00
Mansion Tax 0.00
sub Total: 4300.00
Total: 4615.50
**** NOTICE: THIS IS NOT A BILL ****
***** Transfer Tax ****
Transfer Tax #: 839
Transfer Tax
Consideration: 1075000.00
Transfer Tax - State 4300.00
Total: 4300.00
WARNING*"
*** Information may be amended during the verification
process, and may not be reflected on this cover page.
I hereby certify that the within and foregoing was
recorded in the Warren County Clerk's Office, State of
New York.
This sheet constitutes the Clerks endorsement required
by Section 316 of the Real Property Law of the State
of New York.
Pamela I. Vogel
Warren County Clerk
V- 111E rKL' Ivilaz' a lA 1/L' Al.l(1DL' L Ivium ', r ULL 111\ 04-n-L'.1JUiLA -tA t%1 1 t%%-.Ably)
Being all the remaining'lands as described in a Warranty Deed from Donna L. Sutton to Sutton's
Properties, LLC dated July 27, 2006 and recorded in the Warren County Clerk's office on September 8;
2006 in Liber 3048 page 182.
Certificate of Merger of Sutton's Properties, LLC into Sutton's Market Place, Inc. was, filed in the
Warren County Clerk's office on June 10, 2014 as Instrument #. 201¢2025149
THIS GRANT IS MADE:
TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said
premises.
TO HAVE AND TO. HOLD the premises granted by this Warranty Deed unto the Grantee and
his assigns forever.
AND THE GRANTOR COVENANTS as follows:
FIRST: That Grantee shall QUIETLY ENJOY said premises
SECOND: That Grantor will forever WARRANT the title to said premises;
THIRD: That this conveyance is made subject to the trust fund provisions of
section thirteen of the lien law. 11
Being all or substantially all of the assets of the Corporation.
Deed is authorizedby all shareholders.
IN WITNESS OF THIS CONVEYANCE, Grantor has executed this WARRANTY
DEED on the deed dated stated above.
Sutton's Market Place, Inc.
IN PRESENCE OF
a t i
STATE OF NEW YORK
:ss.:
COUNTY OF WARREN
On October2021 before me, a Notary Public in and for the said State, personally appeared Donna L. Sutton
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/she executed the same in his/her capacity, and that by his/her signature on
the instrument, the individual or the person on behalf of which the indiv' al ed th ''strument.
N ry is
MICHAEL S. BORGOS
Notary Public, State of New York
Warren County
Reg. No. 01805022295
10mmisslon Expires January 3,
SCHEDULE A
LEGAL DESCRIPTION
ALL M*Y CWJ11W14 CE W—AV91- f'! sitti3at`e;11yi`` A0 beirig n it►'s % bl,Q AF*-fi "ry. County
ot,Wwlf�Bf1 and the State at NW Yast�1Q* Iraitlis�atly bo raged`, ndLd naed § ,
13FONNING'at a port
Sutton's 44he southwest ?X�q
lands. NOrlhA dtnees I5 Mtn
s oarier m the west 4 ;bounds
2654;300pWlY.-Cr3ft ttiP,noe runritnp on the d]iilaton In bet een'Cots'1 an0
(1) `South 6a 4eghwlb mWft and
(2) North 29 sle�'rees 30 mup�tea and
(3) Sailh 88 d6*re• Z8 nti& es and
L
(4) �ith115"degr� �}5 mlitubes and
{ti}:South.b'9`_d�ess`$8 minu)es and
{ej So`utti 21_degises 33 rnlnules and
{ Soul! 89 Mid
triirsites od
Rr" 9
the•
the g0tM- Y side bf NY,S
Dula 'Thence'unning atop the sante:'Nor�h' 20:degnees's2 iriinufe; mid' o ees�oi�ds wsgi, a etstance of 288.82 feet bo
th$ polfft and "pfaoe at�epMryrlg. _
..: Bearl�s glven_tn tl'IhaDoye des,_cnpdioni+e�er,to ma�rosfk Maf1t%
Subject a Driveway Easement by and between Sutton's Properties, LLC & CAM of the
Adirondacks, LLC dated October 9, 2009 and recorded in the Warren County Clerk's office on
October 9, 2009 in Liber 3883 page 105
Subject to Right of Ways ,& Easements to the Town of Queensbury and filed in Liber 1335 page
21 & Liber 1335 page 26