Narrative with deeds PAUL E.PaNruF BARTLurr,PONTIFr, STEWAwr& PitoDEs, P.C. KARLA WFLLIAMS Bkl'!ErrNFR
ALAN R.RHODES ELISABETH B.NIAIJONTV
Roaria S.MCMILM A'i-FORNEYSM"LAw Jmo D.WRicur
PIIJ41P C.NICINTIRE P.o.,BOX 2168 JURSKA,111MARONE VINSON
MARx A.WrAyrrz ONE WASIIINGTO14 STREET
J.LAwFLPNcr PALrRmvirz GLEN.5 FAiL
, s. E
NW O
YRK 12801-2169 BENjAmiN R. PRATT,JM
MAIX01M K O'HARA GFCOUNSEL
PATRIaA LWATKINS
MARX L URASANG
,BRu(,E OLipirdxi TELEPHONE(5 18)M-2117 RDCHARD J.BARTLETT
PAULA NADEAU RERURL FAX(54)M-33" 191 3I915
JG NATHAN C.LAPPER EMAIL1n&R.bV%rts!wxaihi R00ERTS.STEWART
JAmEs R.BURKETT WEBSITE,wnw.bparlaw.con IM-2001
,5TEFANIE DIU LIZ BLTTPR B,F.,Rrp.Am J.Dun
SERVICE BY FACSIMILE NOT ACCEPTED 191&1999
March 15, 2018
1")Cr
hairman SteveTraver En
Planning Boaixt
Town of Queensbury 5 2(118
742 Bay Road
Queensbury New York 12804 I'0WINI OF (-)LJE,.ENS13URY
Re- Cumberland Farms, Inc.: 3 NYS ,Route 149
Dear Chairman Traver:
As you are aware,our law firm represents Cumberland Farms:,Inc.with regard to its,proposal
to develop the above mentioned property. As, demonstrated from the enclosed Site Plan,
Cumberland Farms is seeking to construct a 5,770 square foot convenience store,together with a 5
pump gas fuel canopy and a 3 pump diesel fuel canopy. The PrqJeet consists of 3,tai r map parcels,
specifically parcel 288.12-1-6, 288,12-1-8, and 288.08-1-17. Collectively the parcels will create a
4.25 acre site,.
On December 21, 2017, this matter was discussed with the P,la,nning Board during, a
Workshop, At that time, the discussion of the Workshop centered around traffic. As we detailed
at,that meeting,the site has been designed to have access off both NYS Route 149 gild US Route 9.
VHB Engineering has been retained as the Project's Traffic Engineer and provided a Traffic
Assessment of the Project to the Town ,with the November submission. During that Workshop a
number of questions were asked relative to the Traffic Assessment and the data that was collected
which s4pported the detenninations made. lainenclosingherewith aletter dated Mau-chl5,2018
from VHB. This letter provides additional data as well as responses of VH B after a review of
specific inquiries,that were made during the December Workshop. In addition, since the December
meeting,our Traffic Engineers have had.further conversations with NYS DOT and Warren County
.EDC. Although the intersection is part of a highly traveled corridor for the:Town, thisftqject, as
the data retlects,will,not have a negative impact on,this already fully developed area nor the existing
traffic flow.
Specifically at the end of the Workshop, the Applicant was advised,to look at this Project
from the perspective of"do no harm." As VHB notes in their March 15, 18 letter,
"Gas station/convenience markel land uses are not destination sites andpull the majibrity
of the ir patrons from traffic all-eady on existing romhvay nerw,o and therefore do not
Chairman Steve 'Traver
Planning Board
.March 15, 2018
Page 2
represent new 011.?s in the area
Based on data,provided by the Institute of Transportation Engineers, (ITE,the industry standard for
determining site trip generation)between 60 and 65%of the peak hour trips are considered pass by
trips(those already on.the roadway network amid not new trips to the study area.). It is,anticipated that
during the summer months when there is a high volume ofrecreational traffic in thestudy area,the
pass by trip percentages may be higher. However, the other, characteristics of gas
station/convenience market I and uses is the aspect that we discussed at the December Workshop and
that is the element ofconvenience. During,periods of congestion, ingeneral, if access to and from
a convenience store is not"convenient"a,user is,likely to avoid the site or select another site that is
easier to access, This pattern is desc�Hbed as a self-mitigating condition. This self-mitigation is the
elernent that will.allow this use to 'have a minimal impact on.the area, even during the highvolume
periods,.
In addition to this use not being a traffic generator,and the convenience clement,being a self-
mitigating condition, as V.HB identified in the attached letter, the site itself .has positive features,,
which.also minimized,the impact the use has on the area. Specifically the f','ol lowing was noted-
1'. Unlike most other businesses, in the area, the Cumberland Farms site is located on,
a comer giving drivers a choice when, accessing the site and maximizing the use of
right- turn maneuvers when entering or exiting the site; and
2, The locationof the site will not contribute to traffic from the US Route 9 corridor
backing up onto the:Interstate at Exit 20.
"Do no llarm," as this Board can appreciate, is an impossible task.to obtain. Any project has some
impact on traffic regardless of the: proposed use. However, as the traffic evaluation identifies, this
site will operate with minimal inipacts at the adjacent signalized intersection, with no drop in the
level of service during the AM and PM peak hours as a result of the Project. Although this was
identi fied during,the Workshop, it sho u Id be again noted that the Appl icant has incorporated i n the
Site Plan a number of items, for the purpose of"traffic mitigation"which include.
I The two proposed driveways, are located as far, away from the intersection to
ininimize impacts to the signal;,
2. The Applicant is,working,withYSDOT to explore tile feasibility of extending the
southbound, left- turn. lane and striping the center lane as, a two-, way left turn lane
median. With this modification,,it would increase the median staging area for those
customers turning,left in and out of the site and would also provide a benefit for mrs
of the driveways located on the west side of US Route '9;
3. 'The: Applicant is proposing to cut the slope on. NYS Route 149 adjacent to, the
pedestrian bridge to increase sight distances; and
Chairman Steve Traver
Planning Board
March 15, 20,18
Page 3
4. As,demonstrated on the:enol ose,AArend ed Site Plan, the underground storage tanks,
treestanding sign, and gas canopy were pushed back in the event NYS deems
modifications to NYS Route 149 would assist in alleviating the:traffic flow.
We would request at this time to return to the Boardfuer Sketch Review, with the enclosed
Amended Site Plan. Please place this,on your April 24,2018 agenda. If anything furthtris needed,
please contact me.
Sincerely,
Ba Ba �tt, P, '.ff, St & Rhodes, P.0
a;e I t,ER
Stefa all
Direcl Liae.•(5 18) 8312-6419
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NARRATIVE
for Combertand Farms, Inc. on 3 NYS Route .149
The Applicant, Cumberland Farms, is seeking to construct a convenience store and
fueling station on 31 Route 149 which is on the corner of US Route 9 ,and NYS Route 149,
The property is currently occupied by the Loft Snack Bar and it is the intention of this Applicant
to demolish all existing structures. The project consists of three parcels. The first parcel is 3
NYS Route 1.49 (tax map, 2,88,1 ;-1- ) which is, .66 acres in size and is owned byJanet Realty,
Inc.. The second parcel is offof State Rute 149 (tax .rnap 288.12-1-81) a,nd is 3.06 acres insize
and is owned by the Omall Family Limited Partnership. The third parcel off of US Route 9 (tax
map parcel 288.8-1-17),and is owned by Orest and Marika Boychuck.and is .61 acres in size. The
convenience store will. be 5275 square feet in size: with both a, 5 gas pump fueling island and a 3
purnp diesel fuel island canopy, There will be access to the site via the two full access curb cuts,,
with one located on NY'S 149 and one located on US, Route 9. The property is, located in the CI
zoning district The proposed single storystructure will be a colonial design with architectural
features of co hunns and stone work., The height of the convenience store is 32'-10" and the
can,opy is 2 1.'-0"'. The Project will have 3 6 parking spaces, as well as the spots located at the
pumps, This, store will be open 24 hours/7 days a week, 'There will be three shifts with 2-4
employees working each shift.
The site access points were reviewed by VHB Engineering, The Pr(�Ject is proposirig,two
access points, which is supported by the data collected by VHB. Pursuant to its report, which
will be supplied to the Town next rn.onth, the Traffic Engineers at VHB do not believe, this will
in anyway conflict with the current traffic volume and intersection capacity.. Preliminaty
discussions have be un with DOT. The table below, outlines,the projected peak hour trips for
this type of Project. Overall VSB has concluded that the proposed Project would not'be ahazard
to trxffic,
AM Peak Hour FM Peak Houir
LAO W14 Enter Exit Total Enter Total
Current Proposal
Conven ience Store With sus—5,275 108 108 216 135 134 2691
S F
Pass-hy/Diverled fink 7)-JpJ -63 .63 -130 -8'7 -87 -174
New Trip.] 43 43 86 48 47 95
The Project is, going to, be within the Queensbury Water District. No new fire hydrant is
proposed, no, sprinkler system is proposed., The connection will use a 2-inch system and will be
used for a domestic purpose, It will, have a Reduced Pressuie Zone Device to prevent backflow,
The daily usage is estimated at 500 GPD; peak day usage is,estimated 800 GPD (estimated from
NY$ DEC Degi n 0
,gn Standards for Waste water Treatrne t Works 1988); total usage per year is
lestimated at 11 0,0100 Gallons,; peak hour usage is estimated 70, GPH at a,peak hour of7arn, to
Sam,
The Project is,on a parcel that is improved with a structure that is currently in ,use, The
I
parcel is 4,25 acres in size and maintains, inature vegetation in the back lands closer to Where the
NationalGrid Parcel abuts the: land. Some of the mature vegetation will remain, The lighting is
downcast and the landscaping will be code compliant. The P'roject's, appearance is similar to
what was,constructed on Main Street in South Glens Falls, which has been well received by the
community in both use and appearance. leer the requirements, set forth in the NYSDEC
Stori�nwater Design Manual, this project is classified as a Redevelopment Activity. The WQV
(Water Quality Volume) treatment requirements have been met by using a standard SMP. The
sewer will hook up to the municipal system. The CFI representatives have already had
discussions with the Town Officials and have been advised that public water an,d public sewer
may be available for the Project, although a number of steps need to, be completed, since it is
closest to the site due:to a,private developer's effirts. As a,result, the gas use: will have no
adverse impact on the facilities or the public infrastructure.
The Project is, anticipated to be conUnenced in April of 20,19 and completed by
September 2019�, There is no anticipated impacts on Town communication systems or devices.
The Applicant Proposes to install state-of-the-art double wall tanks and piping. The
proposed double-wall fiberglass, underground storage tanks and piping with associated
monitoring devices meet and, exceed those mandated by State and Federal regulations. The
App]icant wi 11. i nstal I two 20,000 gallon compartmental tank (two 10,000 gal lon tanks and a
1,000 gallon tank). Both tanks will be double-wall fiberglass, rustpioof, with secondary
containment, continuous leak detection, monitoring wells in the pad surrounding the tanks, and, a
built-in precision test capability. The.Applicant will installa Veerier-Root TLS-3,50 interstitial
monitoring,system with an audio-visual alann system. This, state-of-the-art tank monitoring
system manufactured by Feeder-Root provides continuous monitoring of the: interstitial space of
the double-wall tanks and leak detection that meets all applicable EPA regulations., The tank
inventory monitor is connected to the Applicant's central computer,system for dispatching
trucks. Tank overfills,are prevented because the Applicant's dispatcher will schedule deliveries
only whentanks are empty and require: filling. The added feature to this, system is that, if any
other systern monitors are activated, the dispatcher is autornatically notifitd. The systern also
notifies store employees immediately when the sensor is activated, When the tank is being, filled,,
the inventory monitor acts as a high level gauge activating an audib�le and visual alarm when the
volurne in the tank reaches 90% of the tank volurne, The driver is required to be at the tanker
truck manifold and therefore has sufficient time to stop flowwr into the tank.,
Further, spill contairunent manholes, where the tanker hose connects to,the fill pipe, are
required to contain only 3 gallons ofpotenfial spill. The applicant's spill containment manholes
can hold up to 25 gallons. Fucl dispensing hoses are equipped with "break away connections"
which prevent spills Miould a customer,forget to return the nozzle to the dispenser. These design
and inStiftltional features, such as the dou ble-wall.tanks and sophisticated monitoring system,
provide adequate site and environmental protection and a, technologically superior facility
equipped to address any potential environmental concerns.
2
Solid waste will be contained in closed dumpsters in a masonry dumps,ter enclosure.
Solid waste from the dumpster will be hauled to an approved landill by a qualified waste
disposal company.
3
JT ar
TO.Whom It may Cost"tea;
Omall FamilY Limited Partnerft,Orest Boychuk and Marika'Boyohuol( ll tivel , the
"Ownee')is tete owner of the propeM proplolled. t State Route 149,Queensbury NY,identified
tax alp number 288,8-1.17 and 288.12-i:-ii(collecd ely,the:"Pr )eit " .The Owner hereby
audwri=Cumberland Farms,Inc.,and/ortheir agc nts,includirW,but not limited to,any
engineering architecture firm that the above may designate,to exe t , submit and prosecute
applications and any Tile materials to die!Town of Queeasb-ury boards,commissions,
agencies atnd the'lilre(including,without limitation,zoning boards,planamg boards and the
Town+ utaneil on behalf of the Owner, for the purpose of obtainin, municipal permits and
approvals,and prorezonior the de eelbpment "tine T" ert ,.
OMALL F,�AM�M , TED PARTNERSHIP
17 BY:
Date
Name,.
Duly autho .
DaW
Name; rest Boychu k
Date
Name: Marika,Boychuk
TATE OF NEW YID
s ,..
COUNTY OF,WARREN
On the of e year 20,17 before me,the undersigned,a notary public its and fbr
saW state,personally app ,,personally known to mc or proved tome on
t basis e s s: evidence- a e iedi di whose name is,subscribed,to the ltlrin insuutnea
and acknowledged to nate he crated the same in, his capacity, and tl�t by his s4pature on thec
instrument, the individual, or the person upe if e wUph the individual ect4 exec the:
instrument.
4, C
Notary tpuc -
S20;3 v:t 23 KELLY S. 17DIil
Notary Public. Stale of New York
Saratoga County, 1H0440,
oMmission Expires Dec. 18,
17110 IND1111ruRn,mmjo mo—Ldlay M In the Vall 1:1110ii
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thum 9011ther1;Y privallal to Ilm Wc*r4 fina orlhosmilcorall hald 10 11110 calleforsmil III&DI
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palm itant to John R Coed by dead JAM Sep$ mlmr 22, ll 5ll uwad Mwdad In the
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INPRESUNCOOFALa
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To Whom It MayConcern:
d
Janet Realty, inc, (the"Owner"') s the owner oft e proper"located at 3 Route 149, e
Queensbury,NY 12845 (the"Property"'). The Owiwr hereby authorizes turnb rland arms, Inc,,
and/or their agents, including,but not limited,to, any engineering or m-chitecture firm that the
above may de ,'ignate,to execute, submit and pxo eeute:applications and,any kppllcable rn tenals
to the Town of Queensbury boards, eornmissiaaaus, agencies and the ltlr (including, without
limitation, zoning boards,planning boards and the Town Council) n behalf of the O aau-r, for
the puup w of obtaimng municipal pea'rniIs and opprovals,and,prop rtty rezenings,for the d
development of the Property.
J A NETREALT, ,.INC
3 4q
Date
Duty,authorized
ATE OF NEW YOB
State o
county of
personally appeared the above-named _.9 u5gt Se"rve,11, before me this day of
MAX-4 " 20 17, known tau be the pe son whose.name is subscribed to the foregoing
ir ent and acknowledgediat he/she executed the sam71-�Ilfbr
er capacity as
rmeI of � &e 'L r f thine Purposes therein
contained.
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