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Application LANSING ENGINEERING, Pc Letter of Transmittal 2452 State Route 9,Suite 201 Malta,NY 12020 Telephone:(E512)899-5243 Date: 4/23118 Pro #- 749.10 Facsimile;(51 8J 899-5245 .l RE: Faden—Pizzeria Uno Variance To: Laura Moore Land Use Planner Town of Queensbury 742 Bay Road Queensbury, NY 12804 We are sending you ® Attached ❑ Under separate cover via the following items: ❑ Shop Drawings ❑ Prints ® Plans/Originals ❑ Applications ❑ Copy of Letter ❑ Change Order ❑ Samples ® Report COPIES DATE NO. DESCRIPTION 15 4123118 Application 1 4123118 Full Size Plan SVP-1 1 4123118 Fee $100.00 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit I copies for approval ❑ Other: ® For your use ❑ Approved as noted ❑ Submit_copies for distribution ❑As requested ❑ Returned for corrections ❑ Return_corrected prints ® For review and comment ❑ Forbids due ❑ Borrowed prints returned Copy filed to prior submissions cc: SIGNED: Courtney L. Connors, Administrative Assistant for Sean M. Farrell, CPESC If enclosures are not as noted, kindly notify us immediately P'APROJECTM74910-Faden-694 State Route%DESIGN APPLICATIONS CORRESPONDENCESDRAFrs174910.2018 04 23-Pizzeria Uno Variance-Town Trans.docx Area Variance [z13A approved: September 21 2016] General Information Tax Parcel ID Number: 296,17-1-47 Zoning District: Commercial Moderate(CM) Detailed Description of Project [include current& proposed use]: Current Use: Single story Pizzeria Uno Restaurant Proposed Use: Single story Pizzeria Uno Restaurant Location of Project: 900 NYS Route 9,Queensbury,NY 12804 Applica>itt,Name: Mail ni ,"M cess Faden l nterp rises, I.ne 29 Liz Ann Drive Home Phone Ctty, State,lip Saratoga Springs,NY 12866 Wn>k Phozae, Cell Photic 518-796-3716 E7,7Mail FAX Nn russell Paden@yahoo.coni Agent's Name IVlatlartg Address Lansing Engineering 2452 State Route 9, Suite 301 tome I' e City, State,7ip:' Malta,NY 12020 Work Phone, Cell Phone 518.899-5243 I nail FAX No: ysl�)lansingengincering.con� <: 518-899-5245 Owner's Na>Rae Mal lit g�Ad 1ress : Everest Enterprises,LLC: 21 5umrncriicld Ln City, State,Ztli Saratoga Springs,NY 12866 Workc` Jione Cell Phone 11-rrai.l . FAXNo'' Page 1 Area Variance [ZBAapproved: September 21 2016] Site Development Data A ea I TykeExxSal g sq.ft. Prof osed Total sq;ft. Additioiis .ft. A. Building footprint 8,100 0 8,100 B. Detached Garage C. Accessory Structure(s) D. Paved, gravel or other hard surfaced area 46,235 6,515 52,750 E. Porches 1 Decks F. Other G. Total Non-Permeable [Add A-F] 54,335 6,515 60,850 f ParceI Area [43,560 sq. ft. /acre] 73,605 - 73,605 I. Percentage of Impermeable Area of Site [I—GIH] 73.8% 82.7% Setback Requirements Area , Requ>ied Existing Proposed Front Yard [1] 75' 89' 89' Front Yard [2] Shoreline Side Yard [1] 20'M in(50' Sunn) 25' 25' Side Yard [2] 20'Min(50'Suin) 100` 100' Rear Yard [1] ^ m25'�-- 142' 142' Rear Yard [2] 'Travel CorridorW- Height [maximum] 40' 1 Story(<40') 1 Story(<40') Permeability 30%Min 26.2% 17.3% Number of parking spaces 65 108 104 Page 2 Area Variance [ZBAapprovcd: September 21 2016] Additional Project Information 1. Will the proposal require a Septic Variance from€lie Town Board of ITeal th? No 2. If the parcel has previous approvals, list application numbcr(s): NIA 3. Does this project require coverage under the New York State Pollutant Discharge Ehinination System(SPDI-S) Perinit Program? _Yes/ X No 4. Estimated project duration: Start Date: 6/18 _ End Date: 6/19 _ 5. Esthnated total cost of project: S150,000 6. Total area of land disturbance for project: 0.1511=Ac 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, Zoni>ig Dish Ict Symbol Flaol �Axea Ratio[FAR] Waterfront Residential WR 0.22 Commercial Moderate I Commercial CMI CI 0.3 Intensive 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 incasured from the exterior of the outside walls of a building or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site. Parcel Area 73,605 __. _......_...._... .---- -........_ ....... .. ...............-- -- Existi�os Area 8,100 sq. ft. [see above definition] Proposed Additional Floor Area 0 Proposed Total Floor Area 8,100 s . ft. Total Allowable Floor Area 22,081 (Area x 0.30 ) [see above table Page 3 Area Variance[ZBA approved: September 21 2016) Compliance with Zoning Ordinance Requesting relief from SECTION. 179-3-040(13)(4)(b)(12) Need relief front the requirement(s)listed below which can not be met by the project as proposed. [Cheek all that apply] ❑ Sctback ❑ Buffer Zone ❑I,ot Width ✓❑C)tliet' Mirtirtiunl Parcel Pernieabile The following questions reflect the criteria for granting this type of variance. Please complete thein; use additional sheets if needed. I. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? The proposed variances are consistent with the surrounding properties within the area.The variance allows Titr the itnproventent of the existing drive isles and parking stalls within the prd>_ieet site and allows for tenants to grown and sustain the Commercial Moderate district along NYS Route 9 and remains consistent wit to contpre tettsive plana owing I or nitercomwel ion wi 11tin neig t hori ng partes to reduce the cur cuts a ongN-f ou e . 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? Restaurants and retail institutions are desirable tenants for the appiickirit and the Commercial Moderate district along Route 9.A cross-connection to the neighboring properties is desirable in the Town's vision to reduce the number of'curb cuts along NYS Route 9 and the increase in impermeable area provides this access along with access to additional parking stalls for the parcel and the neighboring parcel, 3. Whether the requested area variance is substantial? The requealed variances will have ntinimai im r<tcts on the sttrrouttdin tro terries.The tro)osedi variance is consistent with the Surroundin tro xr€ies within the area and provides a cross-connection and access to shared parking between the neighbor parcels reducing the pro.iecls permeable area.The vanance allows or e teten eve opmen (it the parcel and allows Me tenants to grow and sustain Me Commercta o era c is nc a nog ou e 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? The variances wil 1-not-have an adverse affect or inn=p ct-pit tht,pli�zsical or envirnrtmental conditions itt the neiomborho d as_ tf)e[ u0-w-d._variattces will allow for th- devclQl7rrtetit 2 �� ertv_tc >ie ctiste[Lwith 5. Whether the alleged difficulty was self-created? The dif7icuity.was i7ot soli'-created as the Town's vision is to create cross_connections within nei yh- or_ing parccis wE?icb reduces the parcels permeable area and allows l'or additional shared parking stalls between the two parcel and neighboring 7arcel to the south. Page 4 Area Variance [ZBA approved: September 21 2016] Section 179-14-030—Application materials Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s)W-a survey showing existing conditions,a proposed conditions nzap (see page 00 for specific criteria) and include any other attachments that address A-D as applicable to the proposed project. A. Genexal 'Shown on`.Slieet;#': 1 Title, Name, Address of applicant &person responsible for prc paration of drawing SP-1 2 Deed DEED 3 North arrow,Tax Map ID, date prepared and scale [minimum: 1 inch=40 feet ] SP-1 4 Boundaries of the property plotted to scale, zoning boundary SP-1 5 Principal structures, accessory structures with exterior dimensions SP-1 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing& proposed SP-1 7 Setbacks for all structures and improvements: existing&proposed SPA 8 Elevations and Poor plans of all pnosed and affected structures SP-1 Water8c Sewer ? Shown oft Shec t'# 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of NIA bedrooms proposed osed 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or NIA proposed on-site watersupply I and se tic 3 Separation distances for proposed sewa Ye disposal system to well and water bodies NIA 4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private N/A water, location, design and construction of water supply including daily water usage 5 Percolation test location and results N/A C: Parkin' /Pe'hheable Areas ;` Si ova��on Skreet#' I Number of spaces required for project including calculations and justification: existing& ro osed SP-1 2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material [e. 7., sravel,paved] SP-1 3 Provision for pedestrian and handicap access and parking: existing&proposed SPA 4 Design details of ingress, egress, loading areas and cutting:_ osed SP-1 5 Location and character of green areas [existing and proposed], modification to green area, buffer SP-1 zone to remain undisturbed 6 Lighting, location and desi n of all existing and Proposed outdoor lighting _ 51; 8}4„YSWLITE 9SJ'I1;111-,N51:, D. Additional Site Develo ire t Abd Ivliscellaneous'' Showa or'Sheet#' 1 On-site &i adjacent watercourses, streams, rivers, lake and wetlands _ _ N/A 2 Utility/energy distribution system [gas, electric,solar, telephone]: existing Si pro posed N/A 3 Location, design and construction details of all existing and proposed site improvements S11-1 including: drains,culverts,retainita walls, fences, fire& emergency zones and hydrants, etc. 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing 8i proposed SP-1 5 Signage: Location, size, type, design and setback: existin &proposed _ SP-1 6 Waiver Request: provide letter with application requesting any waivers: please reference NIA specific items 7 Commercial /Industrial Development requires submission of Landscaping, Stormwater SP1 894 n°}'S 140i1TF:'151T1i PLAN 5 FT Management, Grading& Li rhtin r Plans 8 Identification of Federal, State or County permits required for the project together with a record NYSDO"I'(FOR 894 Sll'13 PLAN) of application for all necessary permits _ Page 5 , � j yt4 lz . a 4 1� 4 14ec �46,(It,, ce. V(�r c e, 6 (kck---,A eu G.16 'row.h Of Oticensboty Site PWA Prc,-Sqbmission Conferoice. ribrio I'Section: 179-9-040 Applimm NRny .­ FOdcm rmvdpriscs, Inc. . . . 2. Tex Il ip jj) 206.17-i-4. r 3.1 7-4i;f Cj­�sifi�,�j� I eM: a 01 a,wor'"d4.'foe its I Mn.t and. � do fail use. .51. 1100 prov Deod lip Add' mom attarz Cqtxkplple C li6*lfo(i,(6i'iw­addii��6d' if r,X Af "v A 61"JVI A bA� v cotit f Agolit: 4141 44 0ctoi>cr2016, 'Q c I sb'tiry. Y 128G4 P) 'nilig 0 ci:-?.42,)I��y. Ri Idec o-I 1 . CA k 4o cft 64a A /1 A Area Variance [7.13A approved: September 21 20161 This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.) Other Permit Responsibilities; 5.)Official Meeting Disclosure and 6.) Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant: Owner: Designates: as Agent regarding the following: Variance Site Plan Subdivision For Tax Map No.: Deed Reference: Book Page,._,. .._--Date OWNER SIGNA'T'URE: DATE: APPI.ICANT's AGENT FoRm: Complete the following;if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Designates: _ as Agent regarding the following: Variance Site flan Subdivision For Tax Map No.: Deed Reference: Book Page Date OWNER SIGNA'T'URE: DATE: 2. ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering; review services will be charged directly to the applicant. Fees for engineering review will not exceed $ 1,000 without notification to the applicant. 3. AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner, Applicant,and his/leer/their agent(s)hereby authorize the Zoning Board or Planning Board and Town Staff to easter the subject properties for the purpose of reviewing;the application submitted. 4. OTHER PERMIT RESPONSIBILITIES. Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits. 5) OFFICIAL Mb:ETING 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[lie official record of all proceedings. 6. AGREEMENT TO PROVIDE DOCUMENTA'T'ION RE UIRED: 1, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities sliall be commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents, will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy 1 have read and agree to the above. Signature [Applicant] Print Name IApplicant] Date signed ----_..-..........._.............. .­___ ------------- ----_ -- _.._. _._..._......._ Signature[Agent] Print Name[Agent] Date signed Page 7 1K: 2953 PG: 232 Q6/Q7/20Q( PEEP CQMMERCIRL image: 1 ot: 4 WARREN COUNTY PAMELA J.VOGEL, COUNTY CLERK COUNTY CLERK Lake George, NY 12845 DOCUH'Eh1T.: 0000574-8 VOLUME.- 2453 PAGE W 232 sazo138Gdc1c>,74s Instrument Number: 2006.00005T48 As Recorded on: June 07,2oo6 Deed Commercial Partles: D&C MANAGEMENT ASSOCIATES INC TO EVEREST ENTERPRISES LLC Blliable pages. 3 Reoordod By: NEW YORK BANKERS TITLE AGSNCY Num Of P090s: 4 Comment: **Examined and Charged an Follows: D*ed Commercial 14,00 cover Page 5.00 Cultural Education 95.04 RP-6217 Commerdal 165,00 state ECIV04von 6.00 TP-534 5.00 Recording Charger 209.04 Consideration Amount Amount R5#/CS# Trunatar Tux 11690.00 422,021.04 TT 3244 Saalc 0.00 QUEENSBURY Special Additional 0,40 Additional 0,00 T(ansfer 1,620.00 Tax Charge: i,t38t1.e4 I�COR�D County Clerks Office Jin U7#2096 02.44? I'daela J. Vogel Warren Counts Clerk THIS PAGE IS PART OF THE INSTRUMENT I hereby cerllfy that the within and foregoing was recorded in the Cleric's Office For. WARREN COUNTY,NY File Information: Record and Return To: Document Number. 2006-00005748 CHARLES DUMAS ESO Reoelpt Number: 1638 LEMERY GREISLER LLC Reoorded Daterrime: June 07,,2006 02:04:31P 50 BEAVER ST Book-Vol/Pg: Bk-RP VI-2953 Pg-232 ALBANY NY 12207 Cashier!Station: C Steves / Cash Station 2 Ski GAJ,} L't : LJG U4/ V I/GVUO 1.,JL.V IJ lI[lcige. t QZ 9 V v .y� DOCUMENTq o000574-S 7 VOLUME= 2''r S3 PA6E= 233 fi{�pQ f11p(yely►n 70. tf (��' LiMty(ltelfl�eLLC l�t ARAA HI}WI. a BwnH {1{tW YOeK SIISII 7' WAR DMI) k..wr THIS INDENTURE, is made the 23'd day of March Two Thousand and Six between: ( D&C MANAGEMENT ASSOCIATES, INC,, a corporation duly organized and existing in acct1��0 located at 3008 Route 50, Saratrdance with the laws of the ogaSprings, N w Yto of Now York,ak 12868 (the "Graaving its ntor"), ve office g (the " � EVEREST ENTERPRISI+S, LLC, a limited liability company duly organized and existing in accordance with tho laws of the Stato of New York, having its principal executive office lotted at 21 Summerfield Lane, Saratoga Springs, Now York 12366 (the "Grantee") WITNESSETH that the Grantor,in consideration of Tan and 001100 Dollars($10.00)lawful money of the United States, and other good and valuable consideration paid by the Grantee, does hereby grant and release unto the Grantee, its heirs and assigns forever, All that tract, piece or parcel of land situate in the Town of Queensbury, Warren County, N.Y. lying along the easterly side of New York State Route No. 9, about 250 feet northerly of Montray Road and being further bounded and described as follows: Beginning at a point in the easterly line of New York U.S. Route No. 9 at the division line of Lot No. 13 to the South and Lot No. 14 to the North as shown on a Map of"Montray Heights"dated May1920, made by Roswell S. Baylis C.E., filed in the Warren County Clerk`s Office and runs thence northerly along tha easterly line of Now York U.S. Route No. 9 the following two courses North 8 deg. 22 min. 00 sec. East 176.10 feet to a point and North 1 deg, 13 min. 00 sec. East 34.15 feet to a paint; thence easterly and southerly through lands of Devinder and Chandra Kapoor the following two courses South 83 deg, 46 min.00 sec. Past 355.82 feet to a point and south 6 deg. 04 min. 00 sec. Wast 210.00 feet to a point; thence continuing westerly through lands of Kapoor and along the aforementioned division line Anil Ho anctorltr rsv+canQ1nn nnirih All r on dA min• nn toe, � eso-t 4nn 0 falat to 1 W I"# VL.4V4Lr1a'r %-^k 1IN1VI111Y!{!! VV ""W. —v �.�.�� -- --- r.vv♦vvvev •vv — the point or place of beginning. Containing 1.72 plus or minus acres of land. The above described parcel is referenced to the magnetic Meridian and correlated to the Weeks-Kapoor conveyance, Book of deeds 677 page 853 (the "Promises"). . BEING the same premises conveyed to the Grantor herein by heed from Devi nder Kapoor and Chandra Kapoor dated May 8, 11986 and recorded May 12, 1985 in the Warren County Clark's Office in Book 681 at Page 155. 3K: L�9,i YL�: 'L�:C V61VI!'LVVb f,7k�,h,�U 4U1.'71`�kik�GJ-I�,L 1[[�c�.ge: 3 pr Si DOCUMENT;` 0000574a VOLUME= 27S:3 PAGE 234 THIS CONVEYANCE Is made and accepted subject to an indebtedness secured by a mortgage upon said the premises held by First National Bank of Scotia,which mortgage was recorded in the Warren County Clerk's Office on August 30,2002 in Book 19$4 of Mortgages at Fuge 182,on which there is an unpaid principal of Five Hundred Sixty Seven Thousand Six Hundred Forty One and 171100 Dollars ($b67,641.17), with interest from March 1, 2046 at the rate set forth in the Note collateralized by said mortgage, which said mortgage debt the Grantee herein assumes and agrees to pay, as part of the purchase price of the Premises,and the Grantee hereby executes and acknowledges this Instrument for the purpose of complying with the provisions of the General Obligations Law, Section 5-705. TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to the Premises, TO HAVE AND TO HOLD the Premises herein granted unto the Grantee and assigns forever. FURTHER, the Grantor covenants as follows: FIRST, the Grantee shall quietly enjoy the Premises; SECOND, the Grantor will forever warrant the title to the Premises, THIRD, in compliance with section 13 of the Lien Law, the Grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvements to the Premises, if any, and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any ether purpose. IN WITNESS WHEREOF,the Grantorand the Grantee have duly executed this deed the day and year first above written. GRANTOR: D&C MANAGEMENT ASSOCIATES, INC. By: '(I,c W%, - - Devinder K poor, President (-Ip/U//LUub DEED COMMERCIAL Image: 4 of 4 oucuMENT' 01005748 VOL UME C 29UZ PAGER 23!5 GRANTEE- EVEREST ENTERPRISES, LLC By: Sanjay KApoclil , Member State of Now York } )ss: County of Saratoga } On the 231 day of March in the year 2606 before me, the undersigned, personally appeared t)EVINDIGR KAPOOR, personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the withirlAustri mens and acknowledged to me that he/she/they executed the same in his/horAheir cap , an that his/her/their signature(s) on the instrument,the Individual(s),or the parson on beha i ldual( acted,executed the instrument. Iic CHARLES a.]DUMAS State of Now York ) NOTARY FWBUC,STATE CF REW YORK Wo 02W47M23 WALIFIER IN A'W,ftY CMUTY County of Saratoga ) W co�MsS*N kWh-ks i I-.o-soot On the 231 day of March in the year 2006 before me, the undersigned, personally appeared SANJAY KAPOOR, personally known to me or proved to rn on f sati9fiactory evidence to be the Indlvidual(s) whose name(s) is (are) subscribed to th thin instrumen nd agknowindged to me that he/sheflhey executed the same in hlsf#rer/thtoir to I I an that: by hi er/their signaturs(s) on the instrument,the indlviduai(s),or tide person on beha f w ldual(s)a ed,executed the ihstrurnent. yP CHARM$13-DUMAS +90TW PU3LIC.^:AT^OF NEW YORK �:1Wp�ta11236.R891�A9t�,W�ici