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Application & Deed
LETTER OF TRANSMITTAL TO:TO:TO:TO: Laura E. Moore, Planner FROM:FROM:FROM:FROM: Lori Mech Town of Queensbury DATE:DATE:DATE:DATE: August 28, 2024 Planning & Zoning Dept. RE:RE:RE:RE: Area Variance Application 742 Bay Rd. Queensbury, NY 12804 PROJECT:PROJECT:PROJECT:PROJECT: Lowe’s Queensbury, NY 518-761-8265 Store 641 PPA #:PPA #:PPA #:PPA #: 24.134 WE ARE SENDINGWE ARE SENDINGWE ARE SENDINGWE ARE SENDING: : : : TRANSMITTED FOR:TRANSMITTED FOR:TRANSMITTED FOR:TRANSMITTED FOR: THETHETHETHE FOLLOWING:FOLLOWING:FOLLOWING:FOLLOWING: CC:CC:CC:CC: Richie Chapman, Sr. Construction Manager, Lowe’s Companies, Inc.Richie Chapman, Sr. Construction Manager, Lowe’s Companies, Inc.Richie Chapman, Sr. Construction Manager, Lowe’s Companies, Inc.Richie Chapman, Sr. Construction Manager, Lowe’s Companies, Inc. × Electronic files Under Separate Cover Via FedEx Other × Review Distribution Use Other × Drawings Specifications Shop Drawings × Other SSSSETSETSETSETS SHEETSSHEETSSHEETSSHEETS SIZESIZESIZESIZE COLORCOLORCOLORCOLOR / B/W/ B/W/ B/W/ B/W DESCRIPTIONDESCRIPTIONDESCRIPTIONDESCRIPTION - - - - Area Variance Application (includes Area Variance Pre- Submission Conference Form) - - - - Notice of Violation Letter 03-15-24 - - - - Waiver Request Letter for Pre and Post Conditions - - - - Lowe’s Deed - - - - SP-1 Site Modifications Plan Rev 4 - - - - SP (M) 29-1997 Final Plan - - - - Survey-sub 11_1999 - - - - Site Layout Plan C2, 09-26-97 Photo Location Plan Area Variance [ZBA approved: November 15, 2019] General Information Tax Parcel ID Number: ____________________ Zoning District: ____________________ Detailed Description of Project [include current & proposed use]: Location of Project: _______________________________________________________________ Applicant Name: Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-Mail: FAX No. Agent’s Name: Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Owner’s Name Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Page 1 Area Variance [ZBA approved: November 15, 2019] Site Development Data Area / Type Existing sq. ft. Proposed Addition sq. ft. Total sq. ft. A. Building footprint B. C. D. Paved, gravel or other hard surfaced area E. 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 Area Required Existing Proposed Front Yard [1] Front Yard [2] Shoreline Side Yard [1] Side Yard [2] Rear Yard [1] Rear Yard [2] Travel Corridor Height [maximum] Permeability Number of parking spaces Page 2 GARDEN CENTER CANOPY GARDEN CENTER OPEN AREA GARDEN CENTER SHADE STRUCTURE Area Variance [ZBA approved: November 15, 2019] Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? _______________ 2. If the parcel has previous approvals, list application number(s): _________________________ 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit Program? __ Yes / __ No 4. Estimated project duration: Start Date: __________ End Date: __________ 5. Estimated total cost of project: _______________ 6. Total area of land disturbance for project: _______________ 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 ___________________________ 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] Page 3 B 11-1999 Area Variance [ZBA approved: November 15, 2019] Compliance with Zoning Ordinance Requesting relief from SECTION: ________________________________ Need relief from the requirement(s) listed below which can not be met by the project as proposed. [Check all that apply] 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? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 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? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 3. Whether the requested area variance is substantial? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 5. Whether the alleged difficulty was self-created? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Page 4 As mentioned, this Lowe's store has been conducting seasonal outdoor storage of garden center products for approximately27 years. An over that time period, there have been 'little or no' incidents reported regarding any adverse impacts on the physical or environmental conditions in the neighborhood or district. Area Variance [ZBA approved: November 15, 2019] Section 179-14-030 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 2 Deed 3 North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ] 4 Boundaries of the property plotted to scale, zoning boundary 5 Principal structures, accessory structures with exterior dimensions 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed 7 Setbacks for all structures and improvements: existing & proposed 8 Elevations and floor plans of all proposed and affected structures B. Water & Sewer Shown on Sheet # 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site water supply and septic 3 Separation distances for proposed sewage disposal system to well and water bodies 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 5 Percolation test location and results C. Parking / Permeable Areas Shown on Sheet # 1 Number of spaces required for project including calculations and justification: existing & proposed 2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material [e.g., gravel, paved] 3 Provision for pedestrian and handicap access and parking: existing & proposed 4 Design details of ingress, egress, loading areas and cutting: existing & proposed 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed 6 Lighting, location and design of all existing and proposed outdoor lighting D. Additional Site Development and Miscellaneous Shown on Sheet # 1 On-site & adjacent watercourses, streams, rivers, lake and wetlands 2 Utility / energy distribution system [gas, electric, solar, telephone]: existing & proposed 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. 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & proposed 5 Signage: Location, size, type, design and setback: existing & proposed 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items 7 Commercial / Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans 8 Identification of Federal, State or County permits required for the project together with a record of application for all necessary permits Page 5 NONE SP1 PRE & POST CONDITIONS WAIVER N/A PROVIDED Area Variance Pre-Submission Conference Form / Section 179-9-040 1. Applicant Name: __________________________________________________ 2. Tax Map ID ________________Location:_______________________ 3. Zoning Classification __________ 4. Reason for Review: __________________________________________________________ 5. Zoning Section #: ________________________ 6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by Deed ____ _____________ General Information complete ____ _____________ Site Development Data Complete ____ _____________ Setback Requirements Complete ____ _____________ Additional Project Information Complete ____ _____________ FAR addressed ____ _____________ Compliance with Zoning Ordinance ____ _____________ Checklist items addressed ____ _____________ Environmental Form completed ____ _____________ Signature Page completed ____ _____________ Staff Representative: ________________________________ Applicant / Agent: ________________________________ Date: ___________ Page 6 Lowe's Home Centers LLC 296.20-1-50.1 251 Quaker Road CI, 25.30ac Applicant propose to modify an approved plan to maintain outdoor storage areas which reduces the number of parking spaces 179-3-040 dimensional, 179-4-090 parking X X X X X X X X Code section is 179-4-090 parking, check other box and type in parking completed for site plan Laura Moore via email 08/23/2024 Lori Mech via email 08/22/2024 08/23/2024 Applicant proposes to modify an approved plan and request to maintain outdoor storage areas. The following storage areas are to be maintained northern property line along edge of pavement either side noted as permanent storage bag goods this extends from the west to the east on the north side of the building. The three trailer pods on the north side of the building are also to remain. There is also a recycling trailer on the east side of the building. On the west side of the building is permanent storage of bag goods occurring in existing parking. The west side of the building includes an area for permanent storage of sheds. On the south side in the parking area of almost 6 rows is to be seasonal storage from March 1st thru September 1. Also on the south side of the building area is to be a permanent area for storage utility trailers. The parking area has designated spaces for pro parking, veteran's reserved spaces, curbside pick up spaces. Parking for the site is reduced from 623 parking spaces to 352 parking spaces. Site Plan for modification of an approved plan for existing outdoor storage conditions. Area Variance for parking where 623 spaces required and 352 spaces available. Items reviewed: site plan application, site drawings, previous approvals -site plan and subdivision Items to be updated or provided 1) page 4 Compliance- Code section is 179-4-090 parking, check other box and type in parking Area Variance [ZBA approved: November 15, 2019] 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: Complete the following if the OWNER of the property is not the same as the applicant: Owner: _________________________ Designates: ___________________________ as Agent regarding the following: Variance ___ Site Plan ___ Subdivision ___ For Tax Map No.:________________ Deed Reference: Book____ Page ____ Date ____ OWNER SIGNATURE: ___________________________________ DATE: _______________ APPLICANT’S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: __________________________ Designates: ____________________________________ as Agent regarding the following: Variance___ Site Plan ___ Subdivision ___ For Tax Map No.:________________ Deed Reference: Book____ Page ____ Date ____ OWNER SIGNATURE: ___________________________________ DATE: _______________ 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. 4.) 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 REQUIRED: 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 I/we 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. ______________________________ _____________________________ _______________ Signature [Applicant] Print Name [Applicant] Date signed ______________________________ _____________________________ _______________ Signature [Agent] Print Name [Agent] Date signed Page 7 x 08-22-24 sa zoa� oo©oosy e WARREN COUN ,�l PAMELA J. VOGELy COUNTY CLERK Lake George, NY 12845 ..r C! 9-y 9 y.Y. __ _ :, - 16 Instrument Number: 2007- 00000918 As Recorded On: January 25, 2007 Deed Commercial Parties: WACHS MICHAEL To LOWES HOME CENTERS INC Billable Pages: 9 Recorded By: MONRO TITLE Num Of Pages: 10 Comment: ** Examined and Charged as Follows: ** Deed Commercial 55.00 Cover Page 5.00 RP-5217 Commercial 165,00 TP-584 5.00 Recording Charge: 230.00 Consideration Amount Amount RS#!CS# Transfer Tax 60,000.00 15,000,000.00 TT 1608 Basic 0.00 QUEENSBURY Special Additional 0.00 Additional 0.00 Transfer 60,000.00 Tax Charge: 60,000,00 ** THIS PAGE IS PART OF THE INSTRUMENT ** RECORDED County Clerks Office Jan 2 Y2007 11:26A Pamela J. tinsel ik.rren Ccuata Clerk 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: 2007- 00000918 LEVENE GOULDIN & THOMPSON LLP Receipt Number: 22623 HOWARD M RITTBERG ESQ Recorded Date/Time- January 25, 2007 11:26:28A 450 PLAZA DRIVE Book-Vol/Pg: Bk-RP VI-3177 Pg-16 VESTAL NY 13850 Cashier/ Station: T Riddell 1 Cash Station 1 17 3177 -AGE-a Bargain and Sale Deed 15) (With Covenant against Grantor [individual]) Thzs Indenture, made the 1`l day of January, Two Thousand Seven Between MICHAEL WACHS, 215 West Church Road, Suite 107, King of Prussia, PA 19406, as to an undivided 1/3 interest; RONALD AKEL, FERRIS AKEL, and GEORGE AKEL, 2548 Vestal Parkway East, Vestal, NY 13850, each to an undivided 1/9 interest; BARRYNEWMAN and MARCNEWMAN, 3101 Shippers Road, Vestal, NY 13850, and DAVID NEWMAN, Plymouth Green Office Campus, Unit E2, 1000 Germantown Pike, Plymouth Meeting, PA 19462, each to an undivided 1/9 interest, all as tenants in common AND grantor, LOWE'S HOME CENTERS, INC., a Delaware Corporation, Box 1111, Highway 268 East, North Wilkesboro, NC 28659 grantee, Witnesseth, that the grantor, in consideration of One Dollar, lawful money of the United States and other good and valuable consideration, paid by the grantee, does hereby grant and release unto the grantee, the successors and assigns of the grantee forever, ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Queensbury, County of Warren and State of New York being more particularly described on Schedule "A" attached hereto and made a part hereof. Being the same premises conveyed to the grantors herein by Bargain & Sale Deed given by Newman Development Group of Queensbury, LLC, dated and intended to be recorded in the Warren County Clerk's Office simultaneously herewith. The above described premises are conveyed subject to all easements, covenants and restrictions of record, to the extent that they are presently in force and effect. 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 herein granted unto the grantee, the successors and assigns of the grantee forever. RAsa&Co poratc\Lawcs Home CentcrlQuecnsbury - Wan= Co\Dccd - Members - Lowes-970726RMR010207.wpd Page 1 of 7 VOLUME: 3177 PAGE: is And the grantor covenants that the grantor has not done or suffered anything whereby the said premises has been incumbered in any way whatever. This conveyance is subject to the trust fund provisions of Section Thirteen of the Lien Law. In WitneSS Whereof, the undersigned has hereunto signed on the day and year first above written. In Presence of. - Michael Wachs Ronald Akel Ferris Akel George Akel Barry Newman Marc Newman David Newman COMMONWEALTH OF PENNSYLVANIA ) �n ) ss: COUNTY OF 1 1 'v o' e r ) J On the ! / Way of J uary in the year 2007, before me, the undersigned, personally appeared MICHAEL WACHS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Nbtary Public -- CO�pHOt11AR A QF NOTARIAL WA. KATFUEN u. sAm. NoW rPjh tow Mw a Twp., lRongw* Got ly MY Conan Exdm Ard f9 mm RAsad\CorporateTowes Home Center\Queensbwy - Warren Cooced - Members - Lowes-970726HMR010207.wpd Page 2 of 7 And the grantor covenants that the grantor has not done or suffered anything whereby the said premises has been incumbered in any way whatever. This conveyance is subject to the trust fund provisions of Section Thirteen of the Lien Law. In Witness Whereof, the undersigned has hereunto signed on the day and year first above written. In Presence of Michael Wachs Ronald Akel Ferris Akel George Ake] COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF ) Barry Newman Marc Newman 1 Davi Newman On the day of January in the year 2007, before me, the undersigned, personally appeared MICHAEL WACHS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public RAsa&CorporateU.awes Home CenteAQueensbury. - Warren Co1Dwd - Members - Lowes-9707251MR010207.wpd Page 2 of 7 0L _ I T" And the grantor covenants that the grantor has not done or suffered anything whereby the said premises has been incumbered in any way whatever. This conveyance is subject to the trust fund provisions of Section Thirteen of the Lien Law. In Witness Whereof, the undersigned has hereunto signed on the day and year first above written. In Presence of Michael Wachs 44r�4- Ronald Akel vcur�,c �ci COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF ) r Marc Newman David Newman On the day of January in the year 2007, before me, the undersigned, personally appeared MICHAEL WACHS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public RAsadlCo:poratcV,owes Home CenterlQueensbury - Warren CO1Deed - Members - Lowes-9707261MR010207.wpd Page 2 of 7 �.':.x .t STATE OF NEW YORK } ) ss: COUNTY OF G V u" 4"'- } On the III day of January in the year 2007, before me, the undersigned, personally appeared FERRIS AKEL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. C' '�- C..-- Notary Public STATE OF NEW PORK } CARRIE A. COLEGROVE Notary Public, State of New York ss: No. 02C06122023 COUNTY OF Foal►- ) Qualified in Broome County y My Commission Expires Feb. 07. 20 c� On the l vday of January in the year 2007, before me, the undersigned, personally appeared RONALD AKEL personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public CARRIE A. COLEGROVE STATE OF NEW YORK ) Notary Public, State of New York No. 02CO6122023 ss: Qualified in Broome County COUNTY OF ��O�r C ) My Commission Expires Feb. 07, 20 Cct On the 12 day of January in the year 2007, before me, the undersigned, personally appeared GEORGE AKEL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public CARRIE A. COLEGR0VE Notary No. o2State of w York C06122023 oualified in B Fei Count t3`t My Commission Expires R:Isa Corporate\Lowes Home Ceatet\Qaemsbury - Warred Co\Deed - Members - Lowes-970726HM OI0207,wpd Page 3 of 7 STATE OF NEW YORK ) ) ss: COUNTY OF UA)u wtc,. ) On the 1t- day of January in the year 2007, before me, the undersigned, personally appeared BARRY NEWMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. L, h c1_r Notary Public CARRIE A. COLEGROVE Notary Public, State of New York STATE OF NEW YORK ) No. 02c061 Qualified in Broome me C County 0 t ) ss: My Commission Expires Feb. 07, 20 COUNTY OF Y;ft"PMt ) On the I I' day of January in the year 2007, before me, the undersigned, personally appeared MARC NEWMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. L, jp' z--_ Notary Public CARRIE A. COLEGROVE { £ o �,,, a2 Notary public, State of New York + No. 02C06122023 QuaWied in Broome County to ) ss: My commission Expires Feb. 07, 20 COUNTY OF f, ) On the 11-day of January in the year 2007, before me, the undersigned, personally appeared DAVID NEWMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. CARME A. COLEGROVE Notary Public Notary Public, State of Neva Ybeh No. 02CO6122023 Qualified In Broome C-ourft My Q011ar uskm Expires Feb. 07,_ .... R:lsa&Corpomt6Lowes Home CentcAQueensbury - Warren colbeod - Members - Lowes-970726HMMO10207,wpd Page 4 of 7 SCHEDULE A _ __ s z. __ P A 6 E ? z ALL THAT TRACT OR PARCEL OF LAND, lying and being in the Town of Queensbury, County of Warren and State of New York and being more particularly bounded and described as follows: BEGINNING at a point on the easterly margin of Bay Road (County Route No. 7) as per Highway Appropriations by Warren County at its intersection with the division line between the lands now or formerly of Quaker Village Development Corporation as described in Liber 611 at Page 363 on the north and the lands now or formerly of Niagara Mohawk Power Corporation as described in Liber 186 at Page 582, Liber 186 at Page 584, Liber 358 at Page 528 and Liber 378 at Page 259 on the south; thence along said margin the following seven (7) courses: 1.) North 06-48-55 East, 193.77 feet to a point; thence 2.) North 04-54-23 East, 70.61 feet to a point; thence 3.) North 31-12-27 East, 4.12 feet to a point; thence 4.) Along the arc of a non -tangent curve to the left having a radius of 22,881.58 feet, a length of 104.14 feet and a chord of North 06-39-00 East, 104.14 feet to a point; thence 5.) North 02-51-25 East, 5.00 feet to a point; thence 6.) North 05-34-27 East, 295.33 feet to a point; and 7.) Along the arc of a non -tangent curve to the left having a radius of 22,883.33 feet, a length of 129.19 feet and a chord of North 05-57-47 East 129.19 feet to its intersection with the division line between the lands now or formerly of Quaker Electric Supply Company as described in Liber 605 at Page 151 on the south and the lands now or formerly of Joseph M. Kane as described in Liber 642 at Page 536 on the north; Thence South 82-40-10 East, along said division line, 393.78 feet to its intersection with the division line between the said lands of Quaker Electric Supply Company and the herein above described lands of Quaker Village Development Corporation, in part by each, on the south and the lands now or formerly of Willard & Glenna Shanahan as described in Liber 527 at Page 71 and Liber 569 at Page 459 on the north; thence South 83-34-50 East along said division line, 225.13 feet to its intersection with the division line between the said lands of Quaker Village Development Corporation on the south and the lands now or formerly of Glens Falls Lodge No. 81 of the Benevolent and Protective Order of Elks in Liber 599 at Page 986 on the north; thence South 82-21-30 East along said division line, 192.00 feet to its intersection with the division line between other lands of Quaker Village Development Corporation as described in Liber 610 at Page 1013 on the south and the said lands of Glens Falls Lodge No. 81 of the Benevolent and Protective Order of Elks on the north; thence South 82-50-50 East along the division line between the said other lands of Quaker Village Development Corporation on the south and the lands now or formerly of Glens Falls Lodge No. 81 of the Benevolent and Protective Order of Elks in Liber 599 at Page 986 and Liber 638 at Page 787 on the north, 669.00 feet to a point at the northeasterly end of a mathematical tie line having a course of South 48-42-39 West and a distance of 980.56 feet; thence South 82-50-50 East, continuing along said division line, +/- 216 feet to its intersection with the centerline of Halfway Brook; thence Upstream along said centerline in a generally southwesterly direction, +1- 1,900 feet to its intersection with the division line between the herein above described other lands of Quaker Village Development Corporation on the east and the herein above described lands of Quaker Village Development SCHEDULE A OL �.Ptl— m -177 °AGE m 24- Corporation on the west, said point of intersection also being the southwest end of said mathematical tie line; thence North 05-42-26 East along said division line, 86.06 feet to a point; thence Through the said lands of Quaker Village Development Corporation the following two (2) courses: 1.) North 84-17-34 West, 251.21 feet to a point; and 2.) South 05-42-26 West, 288.72 feet to its intersection with the division line between the said lands of Quaker Village Development Corporation on the north and the herein above described lands of Niagara Mohawk Power Corporation on the south; Thence North 69-27-00 West along said division line, 454.15 feet to its intersection with the division line between the said lands of Quaker Village Development Corporation on the east and the said lands of Niagara Mohawk Power Corporation on the west; thence North 06-36-00 East, along said division line, 39.94 feet to its intersection with the division line between the said lands of Quaker Village Development Corporation on the north and the said lands of Niagara Mohawk Power Corporation on the south; thence North 84-42-00 West, along said division line, 126.94 feet to the point of BEGINNING. ALSO, ALL THAT TRACT OR PARCEL OF LAND, lying and being in the Town of Queensbury, County of Warren and State of New York and being more particularly bounded and described as follows: BEGINNING at a point on the easterly margin of Bay Road (County Route No. 7) as per Highway Appropriations by Warren County at its intersection with the division line between the lands now or formerly of Quaker Village Development Corporation as described in Liber 625 at Page 675 on the south and the lands now or formerly of Niagara Mohawk Power Corporation, as described in Liber 186 at Page 582, Liber 186 at Page 584, Liber 358 at Page 528 and Liber 378 at Page 259 on the north; thence along said division line the following two (2) courses: 1.) South 84-42-00 East, 164.51 feet to a point; and 2.) South 69-27-00 East 348.03 feet to its intersection with the northerly margin of Quaker Road; Thence North 79-35-00 West along said margin, 469.67 feet to its intersection with the herein above described easterly margin of Bay Road (County Route No. 7); Thence along the said easterly margin of Bay Road (County Route No. 7) the following two (2) courses: 1.) North 15-17-03 West 36.84 feet to a point and 2.) North 06-58-02 East 13.39 feet to the point of BEGINNING. TOGETHER with a right of way over the following described premises: ALL THAT TRACT OR PARCEL OF LAND, lying and being in the Town of Queensbury, County of Warren and State of New York and being more particularly bounded and described as follows: SCHEDULE DOCUMENT"WL 0r.0 ,391v Commencing at a point on the easterly margin of Bay RoWgCt :RQ5W7Ifo.p'CF 1per H way Appropriations by Warren County at its intersection with the division line between the lands now or formerly of Quaker Village Development Corporation as described in Liber 625 at Page 675 on the south and the lands now or formerly of Niagara Mohawk Power Corporation as described in Liber 186 at Page 582, Liber 186 at Page 584, Liber 358 at Page 528 and Liber 378 at Page 259 on the north; thence along said division line the following (2) courses: 1.) South 84-42-00 East, 164.51 feet to a point; and 2.) South 69-27-00 East, 348.03 feet to its intersection with the northerly margin of Quaker Road; Thence South 69-27-00 East along said margin, 7.16 feet to the point of BEGINNING; thence North 06-18-00 East, through the said lands of Niagara Mohawk Power Corporation, 113.49 feet to a point on the division line between the said lands of Niagara Mohawk Power Corporation on the south and the lands now or formerly of Quaker Village Development Corporation as described in Liber 611 at Page 363 on the north; thence South 69-27-00 East along said division line, 51.60 feet to a point; thence South 06-18-00 West, through the said lands of Niagara Mohawk Power Corporation, 113.49 feet to a point on the northerly margin of Quaker Road; thence North 69-27-00 West along said northerly margin, 51.60 feet to the point of BEGINNING. TOGETHER with all of the rights contained in the Reciprocal Easement, Restriction and Operation Agreement between Quaker Village Development Corp., Newman Development Group of Queensbury, LLC, Newman Development Group of Glens Falls, LLC and Lowe's Home Centers, Inc., dated March 16, 1998 and recorded in the Warren County Clerks Office on March 19, 1998 in Liber 1058 of Deeds, at page 25. FOR INFORMATION ONLY: CONTAINING 24.144 +/- ACRES