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74910 - 2018_04_28 - UNO Site Plan App General Information Tax Parcel ID Number: 296.17-1-47 Zoning District: Commercial Moderate(CM) Lot size: 1.72+/-Ac, Detailed Description of Project [includes current&proposed use]: ite_inelUd sstn t xisting 100 Sr Restaurant and parlcin lo!_(t' GG 1i 1_I11 sz.._S1L 1't�21Z �sz l_..is.ts iiig(Ii CJ11 C isting narking— lot ar inglot to provide a driveway interconnection to the adjoining parcel to the south(894 NYS Route 9)and install new shared parking along the south edge of the existing parking lot. Location of project: 900 NYS Route 9,Town of Queensbury,NY Applicant Name: Maden Enterprises, Inc. Address: 29 Liz Ann Drive, Saratoga Springs, NY 12866 Home Phone _ Cell: 518-796-3716 Work Phone Fax 13-Mail. russellfaden@yahoo.com Agent's Name: Lansing E=ngineering Address: 2452 State Route 9, Suite 301, Malta., NY 12020 Home Phone Cell: _..__. .m ..._.._..._._._.._. ....._._._.__.__..... ...... Work Phone 518-899-5243 Fax 518-899-5245 E-mail ysl@lansingengineering.com --- Owner's Nance .Address 21 Summerfield Lane, Saratoga Everest E=nterprises, LLC Springs,NY 12866 Home Phonc Cell Work Phone Fax E-mail 2 Site flan Review application—Devised October 2016 Town of Queensbury Planning.Office-742 Bay Road,Queensbury,NY 12804 Site Development Data Area/Type Existing sq. ft. Proposed Total sq. ft. Addition sq. 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/Decks 0 0 0 F. Other G. Total Non-Permeable [Add A-F] 54,335 6,515 60,850 H. Parcel Area [43,560 sq, ft.1 acre] 73,605 0 73,605 1. Percentage of Impermeable Area of Site [I=G/14] 73.8% 82.7% Setback Requirements Area Required Existing Proposed - -W--_-�front [1] 75' 89' 89' Front [2] Shoreline Side Yard [1] 20'Min(50'Sum) 25' 25' Side Yard [2] 1001 � 100' ._.... Rear Yard [1] 25' 142'- 142' Rear Yard [2] Travel Corridor Height [max] 40' 1-story(<40') 1-story(<40') Permeability 30%Min 26.2% 17.3% No. of parking spaces 65 108 104 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 nun-iber(s): N/A 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 8/18 _ End Date 8/19__ 5. Estimated total cost of project: $150,000 6. Total area of land disturbance for project: 0.15 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. 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 73,605 sq. ft. B. Existing Floor Area 8,100 sq. ft. [see above definition C. Pro osed Additional Floor Area 0 sq. ft. D. Proposed Total Floor Area 5,100 sq. ft. E. Total Allowable Floor Area 22,081 (Area x .30 [see above table] *If D is larger-than E. a variance or revisions to your plan may be needed. Consult with Staff'. 4 Site Plan Review application—Revised October 2016 Town of Queensbury Planning Office-742 Day Road,Queensbury,NY 12804 § 179-9-080 Requirements for Site flan Approval. The Planning Board shall not approve a Site Plan unless it first deterinines that such site Man facets 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 I•of this section,the dimensional,hulk and density regulations of the zoning district in which it is proposed to be located(Article 3 and Table 1),the applicable requirements of ail 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 all(]rate of any increase in the burden on supporting public services and facilities which will follow the approval of the proposed use. F. Tile 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 ucighborhoocl or to the general welfare:of the town. Traffic access and circulation,road intersections,road and driveway widths and traffic controls will lie adequate. 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 fu€ure 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€nade necessary by the project,taking into account the commercial,industrial,residential,recreational or other benefits that€night 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 site,;shall be provided to encourage pedestrian use. J stormwaler drainage facilities will prevent all 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 quay streams or adversely affect drainage on adjacent properties or public roads. I acilities 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. Tile water supply and sewage disposal futilities will be adequate and will meet all applicable and current requirements set forth by Department of l€caltla regulations ane€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 requ'€rcments 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 maximu€n extent practicable. O. The site plan conforms to the design standards,landscaping standards and performance standards of this chapter. 5 Site flan Review application--Revised October 2016 'town of Queensbury Planning Office-742 13ay Road,Queensbury, NY 12804 § 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 plats 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 cxistirng conununity facilities which effect SVP or serve it,such as roads,shopping areas,schools,etc. Tine 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 Geolo ical Survey mai 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 deeni appropriate,on standard 24"x 36"sheets,with continuation on 8 112"x 11-sheets as necessary for written OK 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, SVP D. Nannc and address of the owner of record,developer,and seal of the engineer,architect or landscape architect. If the SVP 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 SVP floor area,all exterior entrances,and all anticipated future additions and alterations. F. The location of all present and proposed public and private ways,oft-street parking areas,driveways,outdoor storage areas, sidewalks,ramps,curbs,paths,landscaping,walls and fences. Location,type and screening details for all waste disposal SVP containers shall also be shown. G. `File location,height,intensity and bulb type(sodium,incandescent,etc.)of all external lighting fixtures. The direction of SVP illumination and methods to eliminate glare onto ad'oinin,properties must also be shown in compliance with § €79-6-020. H. The location,height,size,materials and design of all proposed signs. SHE 894 SITE 1. The location of all present and proposed utility systems including: SVP 1. Sewage or septic systeill" 2. Water supply system; 3. Telephone,cable and electrical systems;and 4. Storm drainage systenn including existing and proposed drain lines,culverts,catch basins,headwalls,endwalls, hydrants,manholes all([drainage swales. flans to prevent the pollution of surface or groundwater,erasion of soil both during and after consUuCd011,excessive runoff ane€flooding of other properties,as applicable. A Stormwater-Pollution Prevention flan(SWPPP)far all land developiuent SNL'894 sI'm activities(excluding agricultural activities)on the site that results in land disturbance of one acre or more. A SWPPP shall PLAN comply with the requirements of the DEC SlIDES MS-4 General Permit and Chapter 147 of the Town ol'Queenshury Code. It shall beat the discretion of the Planning Board as to whether a SW PPP or an erosion and control plan shall be required for a site plan review protect 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 SVP allow. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark, If any portion ofthe 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 51"11:894 SITE, changes to these features,including sizes and types of plants. Water sources include ponds, lakes,wetlands and P[.AN watercourses,aquifcrs,floodplains and drainage retention areas. M. €.,and Use District boundaries within 500 feet of the site's perimeter shall be drawn and identified on the site plan,as well Si F 894 SIT F. asany Overlay[districts that apply to the property. Pf.nN 6 Site Plan Review application._Revised October 2016 Town of Queensbury Planning Office-742 I3ay Road,Queensbury,NY 12804 REQUIREMENTS (CONTINUED) _ Sleet 4- N, N Traffic flow patterns within the site,entrances and exits,loading and unloading areas,as well as curb cuts on the site and � within 100 feet of the site. The Planning Board may,at its discretion,require a detailed traffic study for large developments or SVP for those in heavy traffic areas,which shall include: I. 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 ofservicc 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. O. For new construction or alterations to any structure,a table containing the following information shall be included: SVP 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. Q Soil lobs,water supply well and percolation test results,and storm water runoff calculations as needed to determine and mitigate project impacts. SWPP11 R. Plans for disposal of construction and demolition waste,either ori-site or at an approved disposal facility. sra:894 SITE S. Plans for snow removal, including location(s)of on-site snow storage. PLAN T, An Environmental Assessment Form(`EAF")as required by the SEQ12A regulations,with Part 1 completed by the Applicant shall be submitted as part of the application. If the proposed project requires a special use permit and an EAF has been OK submitted in conjunction with a special use pennit application,a duplicate EAf is not required for the site plan application. U.J If an application is fora parcel or parcels on which more than one use is proposed,the applicant may submit a single N/A applicalioia for all such uses,provided the proposed uses are accurately delineated on a site plan drawn pursuaiat 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 he considered together. V. A brief narrative statement on how the project proposed for review fin•daers or is consistent with the vision,goals,and policies in the"t'own's{comprehensive Plan. OK 7 Site Plan Review application—Revised October 2016 Towta of Queensbury Planning Office-712 Bay Road,Queensbury, NY 12804 �i � i 1 $ 1 xi - = rn ssi�,ri hferpiwe For /$ec:tIO 0'—9-040 • T Vii' i i 9`�i 17 1 U640.. 0 }.'Y Rcf�it :4.'�tcicc iii ; 4 sl ,. ► a :dor v�Y,: �sc��, Mar � op .fit tes����ht-�nt��r��f Esc. � orat3aqt ►at +ft a w , Sits4"#e►ps�Y �D 001zaplccte AL , `. -_ 3z )RO kK_., orf', I R-, .,!.E v s t - a j ?�( { � WAN \. 5l. i y 1�0,j Wilk XVi Y;4- �E 4 33 1 t S'iscl}��l�l �v�cw�iry if al do l�avisa 0461> 20' '`1 nw�al'(}uec��t�ry�larn�t��;�}�ficc-7�}�i�my�tt�Fstl,(�u�eSShtlryx Y f�St}4 ' obs -1".a —STATF I AJ U I F 1H GUITEIca 11 MAL IA NYI PCX20 Pizzeria U Site Plan 900 NYS Route 9, Modifications to Existing Parking Lot Requirernents for Site Plan Approval(179-9-080) April 18, 2018 A. Comment: The proposed project furthers or is consistent with the policies of the Town's Comprehensive Plan. Response: The proposed project uses are consistent with the Commercial Moderate (CM) zoning district and(ire proposed to continue. Pursuant to the Comp Plan, interconnection of tu#oiningparking lots,sharedparking and access management techniques art, proposed. B. Comment: 'I"he 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. Response: The project complies with the requirements ofthe silt,plan review standardv as selfirth in Paragraph F of this section. lit order to achieve Conlp.Plan recommendations ,for shared parking and access managentent, a site plan marl frcntirgn is proposed.for the Pizzeria Uno site to construct the interconnection and tnodqy the parking to create till ;i,ilegi-t,ttt,dparkitig,li(?I(Ifi)r both siles. As a result qf this, two area variances will be required fear the a(#oining 894Route 9 Site: (1) requiredparking located on all a4joilling parcel not under common ownership and(2)front yard setback along Montray Road(3 0 feet vs.75feet(lite to corner lot). The silt,plans will comply with till other dimensional, bulk, and density regulation qf the CM zoning district. C. Comment: The site plan encourages pedestrian activity internally and, if practicable,to and rrom the site with pedestrian paths or sidewalks connected to adjacent areas. Response. The Site Plan incorporates the existing sidewalk along Route 9 into the design rand provides interconnection andpolentialf6r sharedparking between the two adjoining parcels. This will proinote,pedestrian activity internally. 0. Comment: The site plan must conform to Chapter 136 Sewage and Sewage Disposal, Chapter 147 Stormwater Management Local Law, and other applicable local laws. Response: The 900 NEV Route 9prqjecl is connected to the existingpliblic sanitarysewer and water main along NYS Route 9. Storinwaterfor tile new paved areas will be collected, treated, and discharged onsite through the use of a subsurface infiltratioan basin co i!/ormIng to the standards set firth by the NYSDEC Storinwater,Design Manual. E. Comment: 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 an(] intensity of the .2gf4 900 NYS Route 9 Site Plan 11pril 18, 2018 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 serviced and facilities which will follow the approval of the proposed use. Response: The Site Plat design is consistent with the Design Standards outlined in Code Section 179-7-050 A (2).for the Commercial Moderate(CM) zoning district by: (1) using access management technitl►tes (Minimizing the curb cuts orf Route 9); (2)providing cross-connection to the adjoining commercial parcel which allows access at all existing traffic signal; and(3)providing parking and access to the building front the front. F. Comment: 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. Response: The proposed parking area dimensions comply with the Town Code and blend appropriately with the surrounding neighborhood and neighboring properties.Access management for the project is proposed with ran interconnection to the adjoining commercial parcel to utilize the access to Rome 9 located at all existing traffic signal. This will provide for the safe and efficient move►nent of vehicles in and out of both sites. G. Comment: Off-street parking and loading 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 parkin;areas of adjacent properties are provided where feasible. This furthers the 't'own'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 prool'that the applicant has made contact with adjacent property owners for purposes of coordinating linkages with adjacent properties. Response: The proposed project includes off-street parking meeting minimum Town standards and sufficie►rt to meet file anticipated traffic generated by the new use. I►► Order to achieve Comp Plan reconfinendathons for shared parking and access management, the site plan proposes to interconnect with the adjoining commercial parking lot to the south which includes a twenty four foot wide drive isle and all expansion of the existing row of parking oil site. We have obtained ain authorizatio►t front the owner of the parcel and are working oil developing till access easement to be endorsed falai filed This site plan ►fhotlrfrcation is proposed for Pizzeria Uno to construct the interconnection and modify the parking to create tin i►itegrated parking field for both sites. As a result of this, two area variances will be required for the 894 Route 9 parcel: (1) required parking located oil till adjoining parcel not under common ownership and(2)front yard setback along Montray Road(30 feet vs.75 feet Clue to corner lot). H. Coir meat: 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 protect,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 3 of 4 900 NYS Roufe 9 Site Plan April 18, 2018 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.. Response: The project uses are in accordance with the underlying Comtnercial Moderate zoning district and it is our opinion that the project will not have an undue adverse impact on the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of tine town or the Adirondack Park. 11. Comment: 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. Response: Internal sidewalks exist to connect the building entrances to the parking areas and the existing public walkway along NYS Route 9. These.sidewalks will connect the parcel to the neighboring parcels along NYS Route 9. The overall configuration promotes the safe and efficient moventent of pedestrians in, around till through the site and encourages petlestrltttl ttse between adjacent sites. Tlie i►tterconnection provided with the adjoining parcel allows for traffic to exit the site at an existing traffic signal. J. Comment: Storrnwater drainage facilities will prevent an increase of post development drainage flows as compared to pre-development drainage flows. Drainage of the site shall recharge groundwater 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. Response: The proposed project tat 894 Route 9 provides storntwater collection, conveyance and inrltration to the greatest extent practicalfor t/te project.site. Site soils are characterized as sand.soils with a deep groundwater table promoting the use of infiltration. All aspects of'the stortatwater design will be adequate and are proposed in accordance with the drainage standartty of Chapter 147 of the Town Code and the Town of Queensbury Subdivision Regulations where applicable. K. Comment.- "The water supply and sewage disposal facilities will be adequate and will meet all applicable and current requirements set forth by the Department of I-lealth regulations and Chapter 1.36 of the'Down Code. Response: The 900 NYS Route 9 project is connected to the existing public sanitary sewer and writer►mita along NYS Route 9. The proposed prq ject at 894 Rotite 9 includes tie service connections to the public water supply and the sewer main along NYS Route 9. All aspects of lite water and sewer services will be adequate and are proposed in accordance with the current requirements set forth by the Department o_f Health regulations and Chapter 136 of the Town Code. L. Comment: 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. 4 qf4 900 NYS route 9 Site Alcan April 18, 2018 Response: The proposed arrangement of landscaping and screening is designed to provide visual and/or noise lir►ffers between the project site and the adjoining binds. M. Comment: fire lanes, emergency zones and fire hydrants will be adequate and meet the needs and requirements of emergency service providers. Response: The project includes driveway ciretilation and characteristics to provide efficient and convenient taccess for emergency service providers to properly,service the site. N. Comment: 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 practical. Response: The project is situated on an existing developed parcel. The site plan design provides positive drainage to eliminate the possibility of significant ponding to the ►naxiintim extend practical. Stor►nwater runoff from the new pavement will be treated by infiltration to avoid impacts to surrounding parcels. O. Comment: The site plan conforms to the design standards, landscaping standards and performance standards of this chapter. Response:11 is oar opinion that the proposed project site plait has been designed to conform to the design standards, landscaping standards and performance standards of this chapter. IX: 2953 PG. 232 06/07/2(00 PEZO QQMMERCIRL IMage: 1 Qt a WARREN COUNTY PAMELA.J.VOGEL, BOUNTY CLERK COUNTY CLERK Lake George, NY 12.845 DOCUME14T; 000057+8 VOLUME. 2953 PAGE: 232 so zoos t>oo057�a Instrument Number: 2006.00005748 As Recorded On: June 07,2006 treed Commercial Partlea: D&C MANAGEMENT ASSOCIATES INC TO EVEREST ENTERPRISES LLC Billable Pages: 3 Retorded By: NEW YORK BANKERS TITLE AGENCY Num Of Paps. 4 Crsmmont: '*Examined and Charged an Follows." DOW Gommemlat 14.00 Cover Page 15.00 Culfural Educatlon 15.00 RP-6217 Cornmefolal 165.00 state EduoWn 6.00 TP-584 5.00 Recording Gharga: 20.00 Consideratlon ArnQunt Amount RS#rCSlf Tmnster Tax 1.590.00 422,0211.154 TT 3204 Baalc 0.00 QUEENSBURY Special AddHlona4 0,00 Additlonal 0.00 Tronsfer i,GB0.0q Tax Charge: 1,680.00 Cowtw Clerks Office AM 07,21106 02:04P Pasela J. Ve1e1. ilarrvn Caunty Clark THIS PA.0E IS PART Of THE INSTRUMENT � I hereby certify that the within and foregoing was recorded in the Cleric's Office For WARREN COUNTY, NY Elie Information: Record and Return To: Owument Number: 2006-00005749 CHARLES DUMAS ESQ Recent Number: 1838 LEMERY GREISLER LLC Recorded Date/Time: June 07,2006 02.104,31P 50 BEAVER ST Bock-VOI/P9. 8k-REQ VI-2953 Pg-232 ALBANY NY 12207 Cashier I Station: C Steves / Cash Station 2 Lt� L71 ? tb� GJG U01V!/6UU0 uLnu tVt711Ct41111L mage: L or 4 V � DOCUMENT* C3f3C3��?4 g VOLUME m 2953 PAGE: 233 D/7� cn. .,l a.qurrl■,r.w. �p'!`' t.+MfX(ltvtblr LLC . + AMWJ N&W YW%ZaOI • a WAR DEED THIS INDENTURE, is made the 2310 day of March Two Thousand and Six between: (( D&C MANAGEMENT ASSOCIATES, INC., a corporation duly organized and existing in t � accordance ca ed at 3008 Route 50, Sarof atoga Springs, New York havingte of Now York, 2866 (the "Grantor"),lsand office EVEREST ENTERPRISES, LLC, a limited liability company duly organized and existing in accordance with the laws of the State of Now York, having its principal executive office located at 21 Summerfield Lane, Saratoga Springs, New York 12866 (the "Grantee") WITNESSETH that the Grantor,in consideration of Ten and 00/100 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 fellows: Beginning at a point in the easterly line sof Now 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 the easterly line of New 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 point; thence easterly and southerly through lands of Devinder and Chandra Kapoor the following two courses South 83 deg. 46 min.00 sec. East 355.82 feet to a point and south 6 dag. 04 min. 00 sec. West 2.10,00 feet to a paint; thence continuing westerly through lands of Kapoor and along#ie aforementioned division line _. .. . Anrr Ito n 1e4c�rlir dmv+=n*1nn nnr6h AIA rion AR min On mon lA(��t rAF;n n fA14 fn 1 %A Ii+.Y 41v1g1f Yw VIVI�+. -w .•+V VVw• ■•­ Vw Mlw rww'• .- the point or place of beginning. Containing 1.72 plus or minue 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 deed frorrn Devinder Kapoor and Chandra Kapoor dated May 8, 1986 and recorded May 12, 1986 in the Warren County Clerk's Office in Book 681 at Page 155. Vb/V 1/;:VVb .image: .3 of 4 VOLUME= 2963 PAGE: 234 THIS CONVEYANCE is made and accepted subject to an indebtedness secured by a mortgage upon said the Promises hold by First National Bank of Scotia.which mortgage was recorded in the Warren County Clerk's Office on August 30,2002 in Book 1934 of Mortgages at Page 182,on which there is an unpaid principal of Five Hundred Sixty Seven Thousand Six Hundrad Forty One and 17/100 dollars ($667,649.17), with interest from March 1, 2006 at the rate set forth in the Note collateralized by sold mortgage, which said mortgage debt the Grantee herein assumes and agrees to pay, as part ofthe purchase price sof 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 eatate 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 shell quietly enjoy the Premises; SECOND, the Grantor will forever warrant the title to the Promises. 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 other purpose. IN WITNESS WHEREOF,the Grantor and the Grantee have duly executed this deed the day and year first above written. GRANTOR: D&C MANAGEMENT ASSOCIATES, INC. By. 'R -r Devinder Kh President uta/V I/ZUUb LIZE D COMMERCIAL Image: 4 of 4 00CU11E SIT 00 00574:13 VOLUMES 2953 PAGE a 235 GRANTEE. EVEREST ENTERPRISES, LLC By:— Sanjay" KapoQf, Member State of New York ) )ss: County of Saratoga ) On the 23"day of March in the year 2606 before me, the undersigned, personally appearod t)EVENDER KAPOOR, personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose namo(s) is (are) subscribed to the within men[ and acknowledged to me that he/she/they executed the same in hisftr/theircap , an that hisftr/their signature(s) on the instrument,the Individual(s),or the person on beha i ideal( acted,executed the instrument. liC CHARLE$B.DUMAS State Of pvu York ) NOTARY PURUC,STATE GF NEW YORX hlo 02DU47tV23 WALIFIER IN A'W,fiY CtNN Y County of Saratoga } W COMWssloN>:wlRE�S 11-2-6-200 On the 23ftl day of March in the year 2006 before me, the undemigned, personally appeared SANJAY KAPOOR, {personally known to me or proved to me on f satisfactory evidence to be the Individual(s) whose names) is (are) subscribed tta tk7 thin instrumen nd acknowledged to m8 that he/she/they executed the same in his/herltheir cap I I an that by er/their eignature(s) on the Instrument,the Individual(s),or the person on beha t w hliduat(s)a ed,executed the instrument. P CHARLES S.DUMAS i4arARy PU3LIC.v"ATF 4DF NEWYQ{i#C ir:lwpdE3ta�7��8.1]Bf�lpg9d,tkrpcl