Site Plan Application with narrative and deed PAUL E.PONTIFF BARTLETT,PONTIFF,STEWART & RHODES,P.C. KARLA WILLIAMS BUETTNER
ALAN R.RHODES ELISABETH B.MAHONEY
ROBERT S.MCMILLEN ATTORNEYS AT LAW JOHN D.WRIGHT
PHILIP C.MCINTIRE P.O.BOX 2168 JESSICA HUGABONE VINSON
MARK A.LEBOWITZ ONE WASHINGTON STREET -
J.LAWRENCE PALTROWTTZ
GLENS FALLS,NEW YORK 12801-2168 BENJAMIN R.PRATT,JR.
MALCOLM B.O'HARA
OF COUNSEL
PATRICIA E.WATKINS
MARK E.CERASANU .....................-, .
BRUCE O.LIPINSKI TELEPHONE(518)792-2117 RICHARD J.BARTLETT
PAULA NADEAU BERUBE FAX(5 18)792-3309 1926-2015
JONATHAN C.LAPPER EMAIL info a bi rlaw.com ROBERT S.STEWART
JAMES R.BURKETT WEBSITE www.bgrsriaw.com 1932-2001
STEFANIE DILALLO BITTER BERTRAM J.DUBE
SERVICE BY FACSIMILE NOT ACCEPTED 1916-1999
March 15, 2018
Chairman Steve Traver
Planning Board
Town of Queensbury
742 Bay Road
Queensbury New York 12804
Re: Cumberland Farms, Inc.
110 Main Street
Dear Chairman Traver:
As you are aware, Cumberland Farms has an existing store at 110 Main Street. Over the summer,
in an effort to make the site more energy efficient,Cumberland Farms underwent a corporate lighting
upgrade. As a result, it installed new lighting fixtures in the canopy, wall lights and pole lights at
the site. Unfortunately, Cumberland Farms was unaware that this modification was not compliant
with the existing regulations. Specifically,the Applicant was advised that the modification exceeds
the footcandle requirement which is identified in §179-6-020.
Pursuant to the §179-6-020,the Applicant has insured that all exterior lights and illuminated signs
have been designed and located in such a manner as to prevent objectionable light and glare from
spilling across property lines. As demonstrated from the enclosed lighting plan, there is minimal
footcandle measurements found on adjacent lands. In addition,although the maximum measurement
in the center of the canopy is approximately 60,these are recessed lights with the intent to provide
direct light under the canopy. In addition, as noted on the lighting plan the overall site footcandle
average is merely 4.49. Which should be deemed the true measurement of the site.
Under the gasoline canopy, as you know, a customer swipes credit cards, looks thru their purse or
wallet, checks their oil or other fluid levels under the hood, cleans their windshield and or looks at
their tires. Lighting under a canopy has to be designed to assist the customer in addressing these
tasks. In the IES handbook the average foot-candle for the automotive service garage is 50.
Although a fueling canopy is not a service garage, some of the tasks performed under a fuel canopy
are similar,yet the canopy has the additional risk associated with dispensing gasoline. As a result,
there is a need to have sufficient lighting under the canopy.
Chairman Steve Traver DOCLIB4526790-v1-CF_Main_Street_Cover_Letter.WPD
March 15, 2018
Page 2
The lighting modification proposed is not only for the purpose of being more energy efficient,it also,
as noted,has an important safety element. In addition, in order for the security cameras to properly
perform,sufficient light is needed so that they can function at their highest level. The proposed plan
with a higher footcandle would allow the cameras to provide visible footage,would decrease liability
for security issues,increase safety for its customers both actually and what is perceived,provide for
a reduction in insurance premiums,deter theft,vandalism and criminal activity. Overall,this lighting
plan will have a positive impact.
The canopy lights are recessed,the wall fixtures have cut-offs to provide direct light to the ground,
and the pole lights will maintain shields. This lighting will not interfere with or impair pedestrians
or motorists vision negatively. We will work with the Town if any other mitigation measures are
necessary to address this waiver request. Overall, the Board should see that this plan will be
beneficial not only to the Applicant but to its customers.
Please place this on your April 17, 2018 agenda. I have enclosed a site plan, an application, an
application fee and the lighting plan. I will have plans at the meeting to demonstrate the foot-candle
on Main Street. Please advise if anything further is required.
Sincerely,
Bard 1,, Ponti_S� ewart& odes, P.C.
l
,,Stefame )iLal o Bitter
Direct Lie: (518)832-6419
Direct E-1,
Iil:'solns, 1sAng0M
SDB
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. Detennination 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. Incom Mete a) )lications will not be considered for )lacement 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 Meetip a Notes. signed by staff
•
CopN" 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),gueensbury.net
Laura Moore, Land Use Planner lmoore(i,'�queensbHi2met
Sunny Sweet, Office Specialist—Planning sunnysAgueensbury.net (518) 761-8220
Visit our website at www ,ueensbury net for further information and forms
1
Site Plan Review application—Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
General Information
Tax Parcel ID Number: 309.14-1-80
Zoning District: CI 18
Lot size: 1.93
Detailed Description of Project [includes current&proposed use]:
Applicant is seeking a Site Plan Modification to address the introduction to new lights on the site
Location of project:
110 Main Street
.. ——.___-...�............................
Cumberland F .—.�.,....
Applicant Name: arms,Inc. Address: 165 Flanders Road Westborough MA
-
........—. ..........-- ....................................... .................. ........ ......._
Home Phone Cell.
...Work Phone.....�...�........ ....... �........................................................�..�.��.�.�.. Fax
E-Mail:
sdb@bpsrlaw.com
Agent's Name: Bartlett Pontiff Stewart& Rhode; Address: One Washington Street,PO Box 2168
Home Phone Cell: Glens Falls NY 12801
f _
Work Phone _�...... 518-832-6419 �......... .. Fax... .... �...�,.m. �_,._. ,,....e�....... .... .... ....
518-824-1019
E-mail
sdb@bpsrlaw.com
Owner's Name Ad...
dress
Same as Applicant
Home Phone Cell
Work Phone ........ ........ Fax . . ... .m__ -,-....... _
... - ......
- md�_...- _..�.�...
E-mail
2
Site Plan Review application—Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
Site Develooment Data
Area/Type Existing s _ ....._._.
........
q. ft. Proposed Total sq. ft.
Addition sad ft
A. Building footpri .`t.�� _ �._......___ 5,816..........: . :.:
n 0 5,816
..-._ m_.... �
B. Detached Garage n/a n/a n/a
____.-11-1-1— -...... ®..
C. Accessory Structure(s) 3,840 0 3,840
,-.
D. Paved, or other sur m..., ... _.-.�� -..-..
g faced area 33,149 0 33,149
�_ _...
E. Porches/Decks n/a n/a n/a
-w.
F. Other n/a n/a n/a
G. Total Non-Permeable [Add A-F] 42,805 0 42,805
H. Parcel Area [43,560 sq.ft./acre] 61,420 61,420 61,420
i
-.— ....,..............m.......�.........................
�.m.....
I. Percentage of Impermeable Area of Site [I=G/H] 70% 70%
Setback Requirements
.�...................................
... .... ...................... w...-
Area Required Existing Proposed
�.........— ��_..,....�......_—.... — — —......................._._.........
..:...::::.a. �..�.�
Front[1] 50-100 25 25
..........................-....w.Front2..........................�......_.......,_.............................................................�...............................�.,...._............,..., .... _�.....__._ �_�_.._..�..._....... __m�.....................................................................v.,u................�.v..�...,.
[ ] 50-100 16 16
Shoreline n/a n/a n/a
..............................-.S.ide Yard.:[.1.]�._.,_....,
20 min.sum 50 92.8(canopy) 92.8(canopy)
Side Yard [2]
Rear Yard [1] 25 23.5(canopy) 23.52(canopy)
Rear Yard [2] 25 44.4(building) 44.4(building)
Travel Corridor n/a n/a n/a
Height �.
g t[max] 4'6" 1416"
_ ..._.... - ...... ... ... ..... .... �... .. ..
Permeability 30% 30% 30%
No. of parking spaces
3
Site Plan Review application-Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
Additional Pro'ect 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): .Yes,
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System
(SPDES) Permit Program ? no
4. Estimated project duration: Start Date n/a . End Date
5. Estimated total cost of project: $15,000
6. Total area of land disturbance for project: n1a
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/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.
A. Parcel Area 61,420 sq. ft.
B. ...xistm„
Floor Area ._5.816. sq. ft. [see above definition]
0._... �'l-Jft• ...._
C sed Additional Floor Area �m..... ry � s _ mm
D. �.Proposed Total Floor Area 5,816 sq ft
E. Total Allowable Floor ...� _.�._ µµµµµWm-� table]
w ]
_ ..
Area 18.426 Area x [see above table
If D is larger than E. a variance or revisions' 'ons to your plan may be needed. Consult with Staff.
4
Site Plan Review application—Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
§ 179-9-080 Rei uirements for Site Plan Aroval.
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
The proposed project furthers oris consistent with the policies of the Town's
'....m..m.......
A p p p j p oven's Comprehensive Plan.
The proposed project complies with all other requirements of this Chapter,including the site plan review standards as set forth in Paragraph
B. P Po P j P � q P g P � P
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.
.� The proposed use shall be in harmony with the general purpose or intent of this Chapter,specifically take _ —
E p p y g p rp p p y ing 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.
w.... w.......w.......... — w _
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.
w. ......... ................ w��.—.w.........
G. Off-street parking and 19oading 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.
w
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 wider§ 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.
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................................A _.....................................�........� ,.�,
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.
mm0. The site plan conforms to the design standards,landscaping p' ..sttandang —.. �.�.
ards and performance standards of this chapter.
5
Site Plan Review application—Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
ANSWERS TO: §179-9-080 Realuirements for Site P1anwApl royal
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.
A. Answer: This project is consistent with the Town's Comprehensive Plan and the
Exit 18 Main Street corridor.
B. Answer: The proposed project complies with all other requirements of this Chapter,
other than the waiver being sought on the lighting plan.
C. Answer: The site plan encourages pedestrian activity especially with the lighting
plan as proposed.
D. Answer: The site plan does confirm with Chapter 136 and Chapter 147 and all other
applicable laws, other than the lighting waiver being requested.
E. Answer: The proposed use, together with the requested waiver will be in harmony
with the general purpose of this Chapter.
F. Answer: The proposed project and the waiver sought will not create a hazard.
G. Answer: Off-street parking and loading facilities is sufficient to meet the needs of
the store.
H. Answer: This will not create an undue adverse impact upon the natural, scenic,
aesthetic, ecological, wildlife, historic, recreational or open space
resources of the Town.
I. Answer: The Project has and continues to provide for pedestrian traffic and
circulation.
J. Answer: Stormwater is already addressed and being maintained.
K. Answer: The water supply and sewage disposal are to code.
L. Answer: Landscaping has been maintained for the project.
M. Answer: The Project does maintain the fire code requirements.
N. Answer: Ponding and flooding has not been a problem at the site.
O. Answer: The site plan confirms to the design standards.
§ 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 �.............�w.......... ....................................._...m_... W__........ Sheet#............
or serve it,such as aat the scale -.— .—..
A. ty p that shows the relationship of the proposal to existing community facilities which affect lighting plan
s,shoppingareas,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 mar of area.
.�� m_ .........win........w��w
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 1/2"x 11"sheets as necessary for written lighting plan
information. T e 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. lighting plan
W
ss of the
r,and seal of
ineer,architect or
D a s not the owner,a letter of authorization on shall be luiirred from the owner. architect. If the lighting plan
a rlicant
E. The location and use of all existing and proposed structures within the property,including all dimensions of height and lighting plan
a, .. alterations. _
floor are all exterior entranes and allwanticii�ated future additions and m���„�,..........�......
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 lighting plan
containers shall also be shown.
G. �
GThe location,height,intensity andbulb type(sodium,incandescent,etc.)of all external lighting fixtures. The direction of
omm x rero erties must also be shown in coin�liance with 179-6-020. lighting plan
illumination and methods to eliminate(nlre onto ad1 t......1. ........ _�_�. §
w�... ww...w n/a
H. The location,height,size,materials and design of all proposed signs.
The location of a11W..... .. ro..... .. ......... .. .............................................................._. ......... �....................................... _..®
1. Present andproposed
P PosedutilltY systems including: n/a
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
n/a
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 SPDES 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 proposed
topography contour tter al as the Planning Board shall n/a
allow. All refer to the nearest United Sates 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 landscape p showing gllhy'influence
g p p use such as rock n/a
outcrops, trees,single trees eight ormore inches in diameter,forest over and water sources and all proposed
changes to these features,including sizes and types of plants. Water sources include ponds,lakes,wetlands and
watercourses,aquifers,floodplains and drainage retention areas.
Inlay Districts boundaries
apply n 00 p poef the sites perimeter shall be drawn and identified �th
M � i p .. on the site plan,as well
n/a
l ...alas any Ove_. -. ..... _..�.
6
Site Plan Review application—Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,N1Y 12804
REQUIREMENTS (CONTINUED) � �
Sheet#
N Traffic
within entrances loading uunloading scuts e and
n/a
within 00 feet of the sitehe Planning Board may,at its discretion, a detailed traffic study for lar developments or —_
for those in heavy traffic areas,which shall include:
1. The projected number of motor vehicle trips to enter or leave the site,estimated for weekly and
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.
..,.... .........-.................... --- ........ --- _._..._._
Q. For new construction or alterations to any structure,a table containing the following information shall be included: n/a
1. Estimated area of structure to be used for particular purposes such as retain operation,office,
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.
n/a
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)
and/or alterations to or expansions of existing facades,showing design features and indicating the type and color of materials
to be used.
mitigate water
supply
well and percolation test results,and storm water runoff calculations as needed to determine and m
Q g project J n/a
R. Plans for disposal of const and d— olition waste,either on-site or at an approved disposal facility.. ....��
trucion and dem n/a
Plans for snow removal,including
S. g location(s)of on-site snow storage. n/a
T submitted
An nvironenta Assessment part the Form
("EAF")as required by the SEQRA regulations,with Part 1 completed by the Applicant attached
shall
cation. 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.
If an
lication is for a parcel or parcels on which more than one use is proposed,the
may submit a single
U application for all such usles,provided the propos d uses are accur tely delineated on a sitepant ldrawn pursuant to the mm�mm n/a .�.
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
.t i n,g...a policies
i onsistent with the vision,goals and policies
in the Town's Comprehensive Plan. cover
7
Site Plan Review application—Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12804
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.
OV1'1tiER'S AGENT FORM: ..
i
Complete the following if the OWNER of the property is not the same as the applicant
Owner: Cumberland Farms,Inc.
Designates: Bard ett Pontiff Stewart&Rhodes PC
.._.__..� . .� ...... . ... ... •. .. .....
As agent regarding: Variance X Site Plan Subdivision
For Tax Map No.: -JU9'-"'Sect€on -r—Block W`Lot
Deed Reference: Book Page Date
OWNER SIGNATURE: DATE:
APPLICAYI''S AGE1Y['FORm'
Complete the fallowing if the APPLICANT is unable to attend the meeting or wishes to he represented by another patty:
r Owner:
Designates:
As agent regarding: Variance Site Plan Subdivision
For Tax Map No.: Section BIock Lot
Deed Reference: Boo Page Date
DOWNER SIGNATURE: _.._ . DATE _ €
_
2,1 ENGINEERINg FEE DISCLP§URE: Applications may be mierred to the Town consulting engineer for review of septic design, storm
drainage,cic.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 5 1,004 without notification to the applicant.
3.M AUTHORIZATION FOR SITE VISITS: By signing this page and submining 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.
ilo,OTHER KRMIT RMSPONSIBIL1Ti'S: Other pennits maybe required for construction or alteration activity subsequent to approval by the
Zoning Board or Planning Board. 11 is the applicant's responsibility to obtain any additional permits.
5) OFFICIAL MEETIIS 41INUTES D15CGOSLIRF: It is the practice of the Community Development Department to have it designated
stenographer tape record the proceedings of meetings resulting from application,and minutes transcribed from those tapes constitutes the official
record of all proceedings.
6.1 AGREEMENT TO PROVIDE DOCUMEYPATION REL'USED: 1,the undersigned,have thoroughly read and understand the instructions
for submission and agree to the submission requirements,1 acknowledge no construction activities shall be commenced prior to issuance of a valid
permit. I certify that the application,plans and supporting materials arc 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
Vwe 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 or
occupancy
I Lmve read and ato the a ve.
grey Z
0 IL 'J-a4ltt-d L
pli ant Print N e[�
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`� ge il/nt1 [Agent] signed/V/
Site Plan Review application–Revised October 2016
Town of Queensbury Planning Office-742 Bay Road,Queensbury,NY 12904.
Town of Queensbury Site Plan Pre-Submission Conference Form / Section 179-9-040
1. Applicant Name: Cumberland Farms,Inc.
2. Tax Map ID 309.14-1-80 Location: 110 Main Street
3. Zoning Classification CI-18
4. Reason for Review: Applicant would like to maintain upgrade of lighting system.
5. Zoning Section#: 179-6-20
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 u
FAR addressed
Requirements for Site Plan-Standards r „
Checklist items addressed
�,
Envtromnental Form completed �
Signature Page completed �i~;�
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App scant Agen : � �
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Site PBn Review app)tilur,. 1,,eyisedwtar 2016
Town of Que b'dfsbury Planning Office-742 Bay Road,Queensbury,NY 12804
Short Environmental Assessment Form
Part 1 -Project Information
Instructions for Com Iletin
Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part 1-Project and Sponsor.. . _..._m ....... ......... �....... �.,n. .. .
Information
Name of Actio.. ee......A... .__
n or Project:
Cumberland Farms,Inc.
Protect Location ...............................
(describe,and attach a location map):
110 Main Street
. ... —�,_.... _ ....�_. _ .......m...
..� .. ...._ ..
Brief Description of Proposed Action:
Applicant is seeking to modifying the lights at the existing store
Name ofA Applicant or Sponsor: ---------� Telephone: �-- ------�
pP 518-832 6419
Cumberland Farms,Inc. E-Mail. sdb@bpsrlaw.com
Addressor. .... _ .. ... . _.
165 Flanders Road
................. ........�...——..-, _e. ......... . ...................... _
City/PO: State. JZip Code:
Westborugh MA 01581
--._._ ....--- _........... m...... _...
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
...........................................................
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑✓ ❑
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other
p..,... . ..m..._ .. ........_ _
p o r governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval: ❑✓ ❑
3.a.Total acreage of the site of the proposed action? 1.93 acres
b.Total acreage to be physically disturbed? ......... n/a,,acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 1 93 acres
w.e.. all land uses that occur on,adjoining and near the ��
.... .
4. Check g ar the proposed action.
❑Urban ❑Rural(non-agriculture) ❑Industrial [Z]Commercial 0Residential(suburban)
❑Forest ❑Agriculture El Aquatic ❑Other(specify):
❑Parkland
Page 1 of 3
zoning
. ..
_..__......... ❑ . . .... ...,.
5. Is the proposed action, NO
permitted use uYES NIA_
a.A under the g regulations? ❑ ❑
❑............❑ ..�..
b.Consistent with the adopted comprehensive plan? ✓ El
6. Is the proposed action consistent with the predominant character of theg
existing built or natural NO YES
landscape? ❑ ❑✓
7. Is the site of the proposed action located in,or does it adjoin,a state listed
� sted Critical Environmental Area? NO YES
If Yes,identify: ❑
�8. a.Will the action result in a substantial increase.,..__.. s �
proposed a inn traffic above present levels? NO YES
b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑✓
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
The proposed actiondoes meet the,state_eneraly_code. ❑
m. w.. . . ..,.....
proposed .��._..........._ gP P supply? .YES
10. Will the ro osed action connect to an existing public/private water su 1 NO
If No,describe method for providing potable water: ❑
11.Will the p.roposed action connect to existing wastew . .
� .
ater utilities? NO YES
If No,describe method for providing wastewater treatment: ❑ ❑✓
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES-
Places? ❑✓ ❑
b.Is the proposed action located in an archeological sensitive area? ❑
13.a.Does an portion of the site adjoining ro
wetlands or other waterbo e of the proposed action,or lands adjoining the proposed action,contain NO YES
any t
dies regulated by a federal,state or local agency? ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑—
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identi the typical habitat types that occur on,or are likely to be found on theproject . h :
Identify site. Check all that apply:
❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional
❑ Wetland m Urban m Suburban
15.Does the site of thean ro osed action contain species of animal,or associated habitats,listed NO YES-
by
P Y P
by the State or Federal government as threatened or endangered? ❑✓ ❑
16.Is the project site located in the 100
project year flood plain? NO YES
—___. .... — ..a, ...—---___-----
proposed g P P ? �..��.................S
17.Will the ro osed action create storm water discharge,either from point or non-point sources. N YEmmmm
If Yes, Z 1:1a.Will storm water discharges flow to adjacent properties? ❑NO [:]YES
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: ❑NO ❑YES
Page 2 of 3
18.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size: ❑
19.Has the site of the proposedog l _
action or an adjoining property been the locationn of an activee or closed NO YES
solid waste management facility?
If Yes,describe: Z ❑
a, .., ..... ...... ..
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe: Z ❑
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGEnse: �' .,., � � :. �� (5�"Date: 116
A licant/s onsor z�Kn� — ----- —
Signature _.. .......................................................
PRINT FORM Page 3 of 3
Agency Use Only[If applicable]
Project: —
Date:
Short Environmental Assessment Form
Part 2 -Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept"Have my responses been reasonable considering the scale and context of the proposed action?"
m 1111.__ ._................ .. ........... — ........ _1111,., — ....._ _ .........m ......m__
No,or Moderate
small to large
impact impact
may may
occur occur
_ .......a............_-- -_.
.1
Will the proposed action create a material conflict with an adopted land use plan or zoning 1:1 E]regulations?
...--- ---- ......... .-----
2.
Will the proposed action result in a change in the use or intensity of use of land? ❑ F-11111., —_ -------- ...... ......... 1111 —11 __ ........... .. .........
3. Will the proposed action impair the character or quality of the existing community? ❑ ❑
4 establishment shmnt of a Critical Environmental mental Area(CEA)?
�� �
proposedWill the p ental characteristics that caused the ❑ ❑
A)�
1111 , 111.1 ____1111.-- --...------ 1111 ..,. ,,, 1111_.. - — _ ..„
5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ ❑
affect existing infrastructure for mass transit,biking or walkway?
6. Will the . -------._ ......... .._____
proposed action cause an increase in the use of energy and it fails to incorporate ❑ ❑
reasonablyavailable energy conservation or renewable energy opportunities?
7. Will the proposed action..�..... ..... ��..,. _ _.._ ... ��__. ........ -------
7.
tion impact existing: ❑ ❑
a.public/private water supplies?
b.public/private wastewater treatment utilities? ❑ ❑
8. Will the proposed action impair the character or quality of important historic,archaeological, F-1 ❑
architectural or aesthetic resources?
9 Will rbodies oundwater, air quality,flora
the proposed action result in an adverse change to natural resources(e.g.,wetlands, F-1 ❑
Ovate ,g q ty, and fauna)?
--10. proposed
— 1111.. w,,......._ w�., . .--- ....................... ... � ... .........
sed action result in an increase in the potential for erosion,flooding or drainage ❑ ❑
problems?
11. Will the proposed action create a hazard to environmental resources or human health? ❑
.,,, _ � 1111..
❑
[:::RINTFORM Pagel of2
Agency Use Only[If applicable]
Project:
Date:
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact,please
complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,
probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-
term,long-term and cumulative impacts.
_................ ........ ..– _
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
EICheck this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
........__ ......... _ –....... ......... ......... ....... ............... .........
Name of Lead Agency Date
_........ ... ... _ ,,,--------- .._........... --------_.— .._._.................... ......... ................-- –
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
_.® .. ....._.. — ...__.... ._........ _
Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)
PRINT FORM Page 2 of 2
t
v
WARREN COUNTY CLERK........... ....... .. ,,_m .._,
i RECORDING COVER SHEET
IEmp.Initials_ lam'• Instrument
No.of pages Type of Doc.
Addtl.Fee Town Qr+e- �
#Addtl.Names
1
Transfer Tax Amt.S Mortgage Amt.S
* Mortgage Tax #
TransfcrTaax Stamp * Mortgage Tax Stamp
p RECEIVED * i
0 REAL ESTATE
C.
SEP 2002
TRANSFER TAX
WARREN COUNTY
*
Please fill in blanks below before submitting for recording
PARTY OF THS FIRST PART Russell O'Connor and James ' .onngr
PARTY OF THE SECOND PART fMMkQd00-y—aM) .1AC
(successor of V.S.H.Realty,Inc)
RECORDED BY:nARTLF..TT,PONTIFF /IJIJJIlIl11/1111111111.�lllllllllllllllJl/ll/lllJlllllllll
/ RECORDING STAMP
RETURN TO: Bartlett,Pontiff,Stewart&Rhodes /
One Washington Street /
Glens Falls,NY 12801 /2PSeF_
/ PAIE2 rale EXAMINED
ATT:Martin D.Auffrcdou,Esq. Cl PYA+}'Ci U11T C�ERri
/ Oi SEP 16 All II: So
Upon recording,this page becomes /
a part of the document($3.00). /
1 RECORDED
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TRIS INDENTURE made the dayof5,
2002 between
RUSSELL ,residing at 5 Coolidge Avenue,Glens Fails New York 12801
and dAMES O'CONNOR,residing at 30 Surrey Field Drive,Queensbury,New York
12604,parties of the first part,and CUMBERLAND FARMS,INC.(successor of V.S.H.
Realty,Inc•),a Delaware corporation having a principal place of business at 777
Dedham Street,Canton,Massachusetts 02021,party of the second part,
' zWITNESSETH,that the parties of the first part,In consideration of One Dollar
C11
($1.00)lawful money of the United States and other gand valuable consideration
paid by the party of the second part,do hereby remise,release and quitclaim unto the
r party of the second part,Its successors and assigns forever, f
ALL that easement and right-of-way for vehicle and pedestrian use
described In the annexed Schedule A and conveyed to the parties of the
first part by dead dated March 2 ,19683 and recorded In the Warren
County Cls 's Office on May 5,1963 in Book 707 of Deeds at Page 160.
ALSO ALL that certain plot,piece or parcel of land lying and being In the Town of
Queensbury,Warren County,New York and described In the annexed Schedule
B. Said premises are described in a deed to V.S.H,Realty,Inc.,dated July 9,
1984 and recorded in the Warren County Clerk's Office on August 10,1984!n
Book 663 of Deeds at Page 6260
The purpose of this deed Is to extinguish sald easement and right-of-way
and any rights the parties of the first part mayhave In the premises
described in the annexed Schedule B.
Together with theappurtenances an all the estate and rights of the parries of
the first part In and to said premises.
i To have and to hold the premises herein granted unto the party of the second ;
8I
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a
B
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part,its successors and assigns forever.
Subject to the trust fund provisions of Section Thirteen of the Lien Law. I�
IN WITNESS WHEREOF,the parties of the first part have duly executed this F'
deed the day and year first above written
Russell O'Connor P9
?,7j"amesO'Connor
W
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STATE OF NEW YORK )
ss:
COUNTY OF WC',(` 0-K )
On the
__jL day of� ie.dDw in the year 2002,before me,the
Ci undersigned,a Notary Public in and for said state,personally appeared RUSSELL
O'CONNOR,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 the same in his capacity,and that by his
signature on the Instrument,the Individual,or the person upon behalf of which the
Individual acted,executed the Instrument. V l�
ov n 1�RJ 1��J.
Notaryicpu►bticGuAY
MNotary Publk7 State of New York
cn No.DIGUSOBS459
ASO
STATE OF NEW YORK gasiding In warren County
Gly CoraNssioa Expires Oct 140 20 oiz
1 \-.- . )ss:
-3 COU NTY OF )
On the_JL day of Se-(fin. in the year 2002,before me,the
undersigned,a Notary Public in and for said state,personally appeared JAMES
I O'CONNOR,personally known to me or proved to me on the basis of satisfactory f
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same In his capacity,and that by his
signature on the instrument,the Individual,or the person upon behalf of which the
individual acted,executed the instrument.
�(��.� tom•,�
Notary Public
MARIKKA D.GUAY
Notary PubiC,Stale of New York
etaatriNo.oteU5o66459
Residing In Waren Coun ry
My Commission Expires OGL 14,
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SCHEDULE A �I
TOtlLTBlR X1TL an aaeaeent ind.rlOhbet-xay for wbleu—
pa4e■trlan use ovar ch. lo33ow$n0 de.erlb.d lander s I
Q.0 at ■n iron rod •ae la Na�taelYhsuaeutadaalontlrsald f.► {'
,� Rssd, s dlaene• at ,770.60 lea, tht 1nt+r...tloa of the l
aouth.rly lin■ troy a salleead +P Urs aasklnP South Oi d.Orse..tre 71GD
aoutharly llrs e! tl."ssth R..d with the x+atarly l7ne a! LY+a Street, !�
tunnlnP ch.�nea lraa the Plae• e!
sea "=.
chanes Is.
• }
■lnut.a L#rt to:
dl.tano• of ]73.00 feet to a D • rr-
rltlht anpl• on a r..t.....So eh 46 tldetlreea and 71 aSnuta• a
sne a,
d3.;ane. of 66.60 east
dlatanC• o! ]74.62 f..t to an ronr hawk Powenc�erporatIons lthant■
Sand. new es tera.r'y o! Nla9 said noeth+r3Y llss.. !os• �
t
Korth
taxa■a+Q 10.]7 taK to aeatn.ralronatodI Int thane.7lottri D6 ormare. Cn
� of b2liaul Ce"Meet of 3Loithaa.,tsra 1:.M York�lne.n tar • duan a o!
a0ra-m last to n $ran rod st■sk$np as any l•Point $a•aid•rataelY
13a.t th.naa Louth 66 d.gr.a•and 66 alnuta.Xast for
a dlataas s of
'
46 go fs.t to •a lr6a reb aaskarl Chance LOTLh Outdo kaUl raawy
■Snots Moat along th.aesUrly l3tw 4l sr.
al4 nand+,
Coslnth Roadt thence running be
afetch sb da0=..at In land adtalnuia.lLut
•lens•aid aoatherly llna for a diet Ass
at 60.Oo fa+e to th.D1aea e!
txplanisq.
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SCHEDULE H
ALL that certain plot,piece or pared of land,with the buildings and improvements thereon erected,situate,
lying and being In the Town of Queensbury, Warren County, New York, located
on the southerly side of Corinth Road, in said town and which parcel
is bounded and described as follows:
BEGINNING at an iron rod set in the southerly line of Corinth
Road at a distance of 165.00 feet, westerly, measured along said
southerly line from a railroad spike marking the intersection of
the southerly line of Corinth Road with the westerly line of Ryan
uStreet, running thence from the place of beginning, South 06 degrees
OD 21 minutes East for a distance of 704.82 feet to an iron rod set in
cn the northerly line of lands now or formerly of Niagara Mohawk Power
�. Corporation; thence,North 55 degrees 24 minutes West, along said
^� northerly line, for a distance of.80.32 feet to another iron rod;
"thence North 06 degrees 21 minutes West,along the easterly line of
-3 lands now or formerly of U-Haul Co, of Northeastern New York, Inc.,
for a distance of 204.59 feet to an iron rod marking an angle point
in said easterly line; thence South 85 degrees 56 minutes
West
for
t a distance of 45.00 feet to an iron rod marker; thence North 06 degrees t
21 minutes West, along the easterly line of said lands of U-Haul Co.,
for a distance of 450.00 feet to an iron rod set in the southerly
line of Corinth Road; thence North 85 degrees 56 minutes East, along
said southerly line, for a distance of 105.80 feet to the place
of BL•GIIININC.`
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