Corinth_Site Plan Application TOWN OF QUEENSBURY
Site Plan Review Application
Review Process:
1. Required Pre-submission meeting with staff to determine general completeness to be held no later than 1
week prior to deadline day. Call (518)761-8265 or(518) 761-8220 for an appointment.
2. Submittal of complete application: 1 original and 14 copies of the application package by monthly deadline.
3. Determination of application completeness. All necessary information must be provided and appropriate
fee(s)paid for consideration for placement on an agenda for that month.
4. Incomplete applications will not be considered for placement on any agenda until all missing
information has been submitted.
5. Submittal to Warren County Planning, if applicable.
6. Planning Board meeting, generally the third & fourth Tuesday of each month. You will be advised in
writing as to which meeting to attend.
7. 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. Final
drawings must be provided for the next phase of review. If your application was denied, your project cannot
proceed as submitted.
DOCUMENTATION REQUIREMENTS (hard copy & electronic):
Please submit 1 original& 14 copies of the completed application package to include:
• Completed Application pages 2-9, signed & dated
• Pre-Submission Meeting Notes: signed by staff
• Copy of Deed
• Checklist& Plot Plan
• Environmental Assessment Form for any non-residential project
• Fee: $100 (0 — 10,000 sq. ft.); $250 (10,001 — 30,000 sq. ft.); $500 (30,001 -100,000 sq. ft.); $1,000
(100,000+ sq. ft.)
Staff& Contact Information:
Craig Brown, Zoning Administrator craigb(a),queensbury.net
Laura Moore, Land Use Planner lmoore(a),queensbury.net
Sunny Sweet, Office Specialist—Planning sunnys(aqueensbury.net (518) 761-8220
Visit our website at www.gueensbury.net for further information and forms
PAGE 1
General Information
Tax Parcel ID Number: 309.13-1-35
Zoning District: CI-18
Lot size: 2.155 Acres
Detailed Description of Project [includes current&proposed use]:
The site is currently a vacant parcel. The proposed pro-ject is for the construction of a 5.800 SF convenience store with 10 gasoline
fueling dispensers and 3 diesel fueling dispensers.
Location of project:
220 Corinth Road(at Big Bay Road)
Applicant Name: Brett Hughes Address: 6500 New Venture Gear Drive
Fastrac Markets,LLC East Syracuse,NY 13057
Home Phone Cell:
Work Phone 315-552-6800 ext 2124 Fax
E-Mail: BHughes@fastracmarkets.com
Agent's Name: Matthew R.Napierala,P.E. Address: 110 Fayette Street
Napierala Consulting Manlius,NY 13104
Home Phone Cell:
Work Phone 315-682-5580 Fax
E-mail MNap@napcon.com
Owner's Name Jerry Nudi Address P.O.Box 503
SwitchCo LLC Glens Falls,NY
Home Phone Cell
Work Phone 518-796-2179 Fax
E-mail
PAGE 2
Site Development Data
Area /Type Existing sq. ft. Proposed Total sq. ft.
Additions . ft.
A. Building footprint 0 5,800 5,800
B. Detached Garage 0 0 0
C. Accessory Structure(s) 0 9,700 9,700
D. Paved, gravel or other hard surfaced area 0 58,660 58,660
E. Porches/Decks 0 0 0
F. Other 0 0 0
G. Total Non-Permeable [Add A-F] 0 74,186 74,186
H. Parcel Area [43,560 sq. ft./acre] 93,875 93,875 93,875
L Percentage of Impermeable Area of Site [I=G/H] 0 79% 79%
Setback Requirements
Area Required Existing Proposed
Front[1] 75 FT - 134 FT
Front[2]
Shoreline
Side Yard [1] 20 FT - 31 FT
Side Yard [2] 20 FT - 35 FT
Rear Yard [1] 25 FT - 46 FT
Rear Yard [2]
Travel Corridor Corinth Road/Exit 18 Corinth Road/Exit 18 Corinth Road/Exit 18
Height [max] 40 FT - 37 FT
Permeability 30% - 21%
No. of parking spaces 39 SPACES - 39 SPACES
PAGE 3
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):
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System
(SPDES)Permit Program ? YES
4. Estimated project duration: Start Date 06/01/17 End Date 10/01/17
5. Estimated total cost of project:
6. Total area of land disturbance for project: 2.155 ACRES
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/Intensive CM/ Cl 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.
A. Parcel Area 93,875 sq. ft.
B. Existing Floor Area 0 sq. ft. [see above definition]
C. Proposed Additional Floor Area 15,500 sq. ft.
D. Proposed Total Floor Area 15,500 sq. ft.
E. Total Allowable Floor Area 28,163 (Area x 0.3 ) [see above table]
*If D is larger than E. a variance or revisions to your plan may be needed. Consult with Staff.
PAGE 4
§ 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.
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.
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.
D The site plan must conform to Chapter 136 Sewage and Sewage Disposal,Chapter 147 Stormwater Management Local Law,and other
applicable local laws.
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.
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.
Cl Off-street parking and l9oading 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.
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.
j 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.
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.
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.
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.
M Fire lanes,emergency zones and fire hydrants will be adequate and meet the needs and requirements of emergency service providers.
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.
0 The site plan conforms to the design standards,landscaping standards and performance standards of this chapter.
PAGE 5
..........
N A P I E RA LA
CONSULTING 1 1 0 F AYETTE STREET
o�H011i ISS ��avvo,d`,y(II N ]�R.F(I MANEZtis, NEW YORK 13104
SI'r • DESIGN , ENGINEERING
Requirements for Site Plan Approval-Standards
220 Corinth Road,Queensbury, NY 12804
Below are the required responses for the standards listed under Town of Queensbury code §179-9-080,
Requirements for Site Plan Approval.
A. The proposed project is consistent with the Town's Comprehensive Plan.
B. The project complies with all dimensional, bulk, and density requirements aside from the requirement of
several area variances: (1) percent permeable, (2) percent landscaped,and (3) parking count requirement,
(4) parking in front of building, (5) landscaped strip along private road, and (6) proximity of driveway to
off-site driveway.
C. Cross-walks are provided throughout the site to encourage and protect pedestrian activity. A sidewalk
connection is provided to the public walkway on Corinth Road. In addition, the building is surrounded by
concrete sidewalk.
D. The subject site will connect to public sanitary on Corinth Road and will be designed in accordance with
Town code.The project SWPPP will also abide by all applicable local and state regulations.
E. The project is within a commercial zoning district and is located on a busy commercial corridor.The size
and purpose of the proposed project is not expected to increase burden on public services or facilities.
F. Site access and circulation have been taken into account during engineering design of the proposed site
layout.A traffic study is underway and will be considered when finalizing driveway locations and size so as
to not create public traffic hazards.
G. No future connection is proposed between the adjacent site at this time. Off-street parking is appropriate
for the desired use based on the needs of the same prototype store in similar commercial areas.
H. The subject property is located within a commercially zoned district and is along a busy commercial
corridor. It is therefore not viewed as having the potential to adversely impact the environment in an
aesthetic or historical manner.
I. Sidewalk has been provided surrounding the building to provide for pedestrian circulation. Sidewalks are
provided throughout the site in order to protect pedestrian traffic.Additionally,a connection to the public
sidewalk on Corinth Road is also shown.
J. Grading and drainage of the site will be developed in a manner that does not adversely impact
surrounding properties or public facilities. Stormwater mitigation and the preparation of a SWPPP will be
implemented according to all NYSDEC and local regulations.
K. The water service lateral will be connected to a public supply on Corinth Road and will be adequate for
the intended use.The sewage disposal system will meet all local and state regulations.A sewer lateral will
be connected to the sewer main on Corinth Road.
L. Effective and adequate landscaping and screening has been provided and is shown on the landscaping
plan,sheet C-10.
M. All emergency access and fire requirements have been designed in full compliance of local and state
regulatory measures.
N. All roadways and landscaping have been graded in such a manner so as to provide adequate drainage of
all potential stormwater runoff.
O. Site plans have been designed in accordance with all guidelines of Town code§179-9-080.
PH 315-682-5580 • FAx 315-682-5544 • EMAIL:ti1NAP@NAPCON.COb7
PAGE 6
§ 179-9-050 Checklist-Application for Site Plan Review.
Application materials and site plan shall include sufficient information for the Board to review and provide a
decision. The applicant is to provide a site plan drawing and all attachments that address items A-V. The
applicant may request a waiver from A-V and is to provide reasons for waiver(s) requested. Please label
information to be submitted.
REQUIREMENTS Sheet#
A A vicinity map drawn at the scale that shows the relationship of the proposal to existing community facilities which affect C-3
or serve it,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 appropriate,on standard 24"x 36"sheets,with continuation on 8 U2"x I F sheets as necessary for written C-3
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. C-3
D. Name and address of the owner of record,developer,and seal of the engineer,architect or landscape architect. If the SEE APP
applicant is not the record owner,a letter of authorization shall be required from the owner.
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. C-3, C-5
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 C-3 C-5
containers shall also be shown.
Cl The location,height,intensity and bulb type(sodium,incandescent,etc.)of all external lighting fixtures. The direction of C-10
illumination and methods to eliminate glare onto adjoining properties must also be shown in compliance with§ 179-6-020.
H The location,height,size,materials and design of all proposed signs. C-11
1 The location of all present and proposed utility systems including:
C-8
1. Sewage or septic system;
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.
J Plans to prevent the pollution of surface or groundwater,erosion of soil both during and after construction,excessive runoff C-7
and flooding of other properties,as applicable. A Stormwater Pollution Prevention Plan(SWPPP)for all land development
activities(excluding agricultural activities)on the site that results in land disturbance of one acre or more. A SWPPP shall
comply with the requirements of the DEC SPECS 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 one acre.
K Existing and proposed topography at two-foot contour intervals,or such other contour interval as the Planning Board shall C-3 C-6
allow. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel
is within the 100-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 than may influence the design of the proposed use such as rock
outcrops,stands of trees,single trees eight or more inches in diameter,forest cover and water sources and all proposed C-9
changes to these features,including sizes and types of plants. Water sources include ponds,lakes,wetlands and
watercourses,aquifers,floodplain 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 Overlay Districts that apply to the property. C-3
PAGE 7
REQUIREMENTS (CONTINUED) Sheet#
N Traffic flow patterns within the site,entrances and exits,loading and unloading areas,as well as curb cuts on the site and C-5
within 100 feet of the site. The Planning Board may,at its discretion,require a detailed traffic study for large developments or AND
for those in heavy traffic areas,which shall include:
TRAFFIC
I. The projected number of motor vehicle trips to enter or leave the site,estimated for weekly and STUDY
annual peak hour traffic levels;
2. The projected traffic flow pattern 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: C-4
1. Estimated area of structure to be used for particular purposes such as retain operation,office, AND APP
Storage,etc.;
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.
A-100
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) A-200
and/or alterations to or expansions of existing facades,showing design features and indicating the type and color of materials
to be used.
Q Soil logs,water supply well and percolation test results,and storm water runoff calculations as needed to determine and
mitigate project impacts. SWPPP
R Plans for disposal of construction and demolition waste,either on-site or at an approved disposal facility. SWPPP
S Plans for snow removal,including location(s)of on-site snow storage. C-5
T. An Environmental Assessment Form("EAF")as required by the SEQRA regulations,with Part 1 completed by the Applicant SEE APP
shall be submitted as part of the application. If the proposed project requires a special use permit and an EAF has been
submitted in 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 N/A
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. SEE APP
PAGE 8
..........
Pre-Submission Conference Form [179-4040]
1. Tax Map ID 309.13-1-35
2. Zoning Classification CI-18 Commercial Intensive Exit 18 �/i/VI 0 C
3. Table of Allowed Uses Special Use Permit subject to Site Plan Review
4. Ordinance Section C) 11
5, Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include:
Deed Yes
General Information complete es No
Site Development Data Complete Y No
Setback Requirements Complete No
Additional Project Information Complete Y No
"Coverage under DEC SWPPP Program No
FARWorksheet completeSp No
Standards addressed Yes
Checklist items addressed Yes'.
Environmental Form completed No
Signature Page completed Yes 00
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IF4C ( I.-Li cAff d ex-cl,cele)
*Applicant must provide office with Notice of Intent(NOD: SWPPP Acceptance Form, DEC letter issuing permit
number: Notice of Termination(NOT)
Staff Representative:
Applicant /Agent:
Date:
Site Plan Review Revised April 2016
Town of Queensbury Planning Office-742 Bay Road-Queensbury, NY 12804-518-761-8220
PAGE 9
Signature Page
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.
—-——------------
OwNut's AGENT FORM:
ornplete the following if the OWNER of the Property is not the same as the applicant
Owner: knNodi,S,-I,lick,HA'
Designates: 11C
As agent regarding: x Variance 2--Site Plan Subdivision
For Tax Mal)No Section IBlock w Lot
-
----------....
Deed Ret4euc,u
Boo jc' -19.7—]),age Date
OWNER SIGNA'IFURE: 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: X--,-Variance x Site Plan Subdivision
For"fax Map No.: Section I I—Block 35 Lot
Deed Reference- SIMI) Book 11)2 Page Date
OWNER SIGNATURE:
2J '41KERINGFE,' I)ISCLO.
Y,N2� —SURF: Applici(ions 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 at(ached 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.
4A QTIIER 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.
SJ OFFICIAL MEE'T'ING 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-ro PRovim.I)OCUMENTAT!QN. RFOUIREW 1,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 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
)/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.
Xnee Al eS, Brett Hughes 2-13-17
Sigma Print Name pplicant] Date signed
N
Signature[Agent] Print Name[Agent] Date signed
9
Site Plan Review application-Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
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 40.00
Cultural Ed 14.25
Records Management - Coun 1.00
Records Management - Stat 4.75
TP584 5.00
BOOK/PAGE: 5090 / 187 RP5217 - County 9.00
INSTRUMENT #: 2014-8221 RP5217 All others - State 241.00
Receipt#: 2014352944 sub Total : 320.00
clerk: CL
Rec Date: 12/23/2014 01:51:33 PM Transfer Tax
Doc Grp: RP Transfer Tax - State 1250.00
Descrip: DEED
Num Pgs: 5 sub Total : 1250.00
c
Red Frm: COMMUNITY TITLE
Partyl: FOUR M LIMITED PARTNERSHIP Total : ----i5 7-0.Ob
Partyl: SWITCHCO LLC **** NOTICE: THIS IS NOT A BILL ****
Town: QUEENSBURY
***** Transfer Tax *** *
Transfer Tax #: 1105
Transfer Tax
Consideration: 312500.00
Transfer Tax - State 1250.00
Total : 1250.00
WARNING***
I hereby certify that the within and foregoing was
recorded in the Warren County Clerk's Office,
Record and Return To: 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,
BARTLETT PONTIFF STEWART & RHODES PC
ONE WASHINGTON STREET Pamela J Vogel
PO BOX 2168 Warren County Clerk
GLENS FALLS NY 12801
BARGAIN AND SALE.DEED
WITH COVENANT AGAINST GRANTOR'S ACTS
. ` THIS INDENTURE made the Z'5 day of December, 2014, between the FOUR
M LIMITED PARTNERSHIP, a New York limited partnership having an address of P.O.
Box 2410, Glens Falls, NY 12801, party of the first part, and SWITCHCO LLC, a New York
limited liability company having an address of P.O. Box 503, Glens Falls, NY 12801, party
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
party of the second part, does hereby grant and release unto the party of the second part,
its successors and assigns forever,
22 Rhode Island Avenue & 220 Corinth Road
Town of Queensbury
r c W Warren County, New York
WA F Tax Map No. 309.13-1-34 & 35
SUBJECT to all easements, covenants, restrictions and declarations of record.
m
5 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,
To have and to hold the premises herein granted unto the party of the second part,
its successors and assigns forever.
And the party of the first part covenants that it has not done or suffered anything
whereby the said premises have been incumbered in any way whatever.
Subject to the trust fund provisions of Section Thirteen of the Lien Law..
This conveyance was duly authorized by the General Partner of the party of the first
part in accordance with the Limited Partnership Agreement.
IN WITNESS WHEREOF, the party of the first part has caused this deed to be
signed by its duly authorized officer.
Four M. Limited Partnership,
By: Four M Glens Falls Corp., General Partner
r
.._. ._......
Mark A. Lebowitz, Pres,
STATE OF NEW YORK )
)ss.:
COUNTY OF WARREN )
On the 3` — day of December in the year 2014 before me, the undersigned,
personally appeared_MARK A. LEBOWITZ, 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 th , ame in his capacity, and
that by his signature on the instrument, the in iv' or err on upon behalf of which
the individual acted, executed the instrume
N Public
PATRICIA E.WATKIN
Notary Pubk,State of New York
No.4794968
Qualified in Saratoga County
COMMISsicrr E Ir s Oct,31,26 1
SCHEDULE A
ALL that parcel of land situate in the Town of Queensbury, Warren County, New York,
briefly described as follows: Being lots numbered 284, 285, 286, 287, 288, 289, 290, 291,
292, 293, 294, 295, 296, 297, 298, 299, 300 and 301 as shown on a Map of Western Park
made for Corliss Realty, Inc., by E. H. Wells, surveyor, dated July 1972, and filed in the
office of the Clerk of the County of Warren on August 11, 1927, as Instrument #1927-
300016.
EXCEPTING therefrom the following:
1. Premises conveyed to the County of Warren by deed dated May 2, 2008, recorded
on May 16, 2008, in Book 3552 at Page 43; and
2. Easement to New York Telephone Company recorded in Liber 697 at Page 912.
SUBJECT TO covenants and Restrictions set forth in Liber 180 at Page 87.
Said premises are more modernly described as follows:
ALL that certain piece or parcel of land situate, lying and being in the Town of Queensbury,
County of Warren and the State of New York, being tax parcel 309.13-1-35, more
particularly bounded and described as follows: BEGINNING at a point in the northerly
bounds of Corinth Road, said point also being on the easterly bounds of Rhode Island
Ave.; thence running in a northerly direction along the easterly bounds of Rhode Island
Ave., North 04 degrees, 02 minutes and 02 seconds East, a distance of 61.42 feet;thence
running South 84 degrees, 37 minutes and 00 seconds East, a distance of 88.00 feet;
thence running South 04 degrees, 02 minutes and 07 seconds West, a distance of 54.52
feet to a point in the northerly bounds of Corinth Road; thence running along the northerly
bounds of Corinth Road, North 89 degrees, 06 minutes and 41 seconds West, a distance
of 88.11 feet to the point and place of beginning, containing 0.12 acres of land to be the
same more or less.
ALSO ALL that certain piece or parcel of land situate, lying and being in the Town of
Queensbury, County of Warren and the State of New York, being tax parcel 309.13-1-34,
more particularly bounded and described as follows: BEGINNI�NG.,at a point in the easterly
bounds of Rhode Island Ave., said point being located North 04 degrees, 02 minutes and
02 seconds East, a distance of 61.42 feet from the intersection of the easterly bounds of
Rhode Island Ave. with the northerly bounds of Corinth Road; thence running from said
point of beginning in the northerly direction along the easterly bounds of Rhode Island
Ave., North 04 degrees, 02 minutes and 02 seconds East, a distance of 479.98 feet to a
point in the easterly bounds of Rhode Island Ave., said point marking the southwesterly
corner of lands as conveyed to Cavanaugh, by deed book 686 at page 803;thence running
along the southerly bounds of the lands of said Cavanaugh, South 84 degrees, 37 minutes
and 00 seconds East, a distance of 88.01 feet; thence running in a southerly direction,
South 04 degrees, 02 minutes and 07 seconds West, a distance of 479.98 feet to a point;
thence running North 84 degrees, 37 minutes and 00 seconds West, a distance of 88.00
feet to the place and point of beginning, containing 0.97 acres of land to be the same more
or less.
Bearings given in the above description refer to magnetic North.
BEING a portion of the premises described in a deed from Maurice Lebowitz
to Four M Limited Partnership dated November 15, 1996 and recorded in
the Warren County Clerk's Office on November 25, 1996 in Liber 1001 at
page 118.
BARTLETT,PONTIFF, STEWART
& RHODES, P.C.
A1TORNEYEATLAIN
P.O.Bax 2168•one VvUshington St.
Glens Falls,NY 2801.2168
4-T�, '1
REAL ESTATE PURCHASE AGREEMENT
THIS REAL ESTATE PURCHASE AGREEMENT(the"Agreement")dated as of the
Day of October, 2416 (the "Effective Date") is by and between Switchco, LLC, (the
"Seller"), and Fasltrac Markets, L.L.C, a limited liability company having an address of 6500
New Venture Gear Drive, Suite 100,East Syracuse,New fork 13057(the "Purchaser").
WITNESETIT:
WHEREAS, the Seller owns that certain properties (the "Premises") located immediately
to the wrest of McDonald's along Corinth Road in Queembu y, New York 12844.
Approximately 2+1-Acres of land.
WHEREAS, the Seller is willing to sell the entire Premises,and the Purchaser is willing
to purchase the entire Premises,upon the terms and conditions hereinafter set forth..
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained,the sum of One Dollar($1.00), and other good and valuable consideration, the receipt
of which is acknowledged,the parties hereto agree as follows:
1. Sale and Purchase.
1.1 The Seller agrees to sell and convey, and the Purchaser agrees to purchase that
certain plot, piece or parcel of land with any buildings and improvements thereon erected,
situate, tying and being Approximately +l-2 acres situated immediately to the west of
McDonald's fronting Corinth Road with dimensions of approximately 295' X 295'. Upon
information and belief, the Premises to include a portion of land owned by Seller at 2.20 Corinth
Road, Queensbury, New York 12804 with a Tax ID number of 309.13-1-73. The Premises shall
be situated at the northeast corner of the intersection of the proposed driveway to the hotel in the
rear of the Premises and the existing traffic tight when Corinth Road and Big Say Road
intersect. The exact location, access and dimensions to be further delineated on a future
site/concept plan., which Premises are more particularly described in SCHEDULE A annexed
here*o and made a part hereof; and which Premises are depicted as the"Parcel to be Purchased"
on the map annexed hereto and made apart hereof as SCHEDULE S.
1.2 This sale includes all right, title and interest, if any, of the Seller in and to all strips,
gores, easements, licenses, privileges, rights, hereditaments and appurtenances affecting the
Premises and any land lying in the bed of any street,road or avenue opened or proposed,in front
Of or adjoining the Premises,to the center line thereof,and all right,title and interest of the Seller
in and to any award made or to be made in lieu thereof and in and to any unpaid award for
damage to the Premises by reason of change of grade of any street; and the Seller will execute
and deliver to the Purchaser, on closing of title, or thereafter, on demand, all proper instruments
for the conveyance of such title and the assignment and collection of any such award.
K/Fes:acJSwitchWRP,]Estate Agreement 4-2-16 bl 10.5.16
IN WITNESS WHEREOF, this Real Estate Purchase Agreement has been duly
executed by the parties hereto as of the day and year first above written.
SELLER: PURCHASER:
Switcheo,LLC Fastrae Mark ,L.L.C.
By; By:,,,�-.A� �� &:�_a � -
f
Namt;; Name: �.....
—to A D LJ u�
Title: Title:- — Tine: s aT, 0-
1
VFast:udSwitchcalReal Fsmic Agreement 4.2.16 171 10.5.16 11
SCHEDULE A
Description of Premises
Approximately+l-2 acres situated immediately to the west of McDonald's fronting Corinth Road
with dimensions of approximately 295' X 295'. Upon information and belief, the Premises to
include a portion of land owned by Seller at 220 Corinth Road, Queensbury, New York 12804
with a Tax ID number of 309.13-1.73. The Premises shall be situated at the northeast corner of
the intersection of the proposed driveway to the hotel in the rear of the Premises and the existing
traffic light where Corinth Road and Big Bay Road intersect. The exact location, access and
dimensions to be further delineated on a future site/concept plaza..
Tax Map# 309.13-1-73
Subject to an easement running along the easterly boundary of the above described premises for
the installation of underground utilities to service the above described ,premises and remaining
lands of Seller located north of the above described premises.
K/FastaclSwitchcalRad Sam AST"ment 9-2-16 bl 10.5.16 12
SCREDULE S
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KIFas�dSbtitnc�oJti�al stpte A&Wmat 9-2-16 bi 10.5.16 13