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ApplicationFebruary 2011 ZBA Area Variance Sdhermerhorn Com'1 Holdings ,ot 9 - Baybrook rofessional Park Pro oses 35-unit senior a artment building R lief from parking requirements ~k~.~~ k ~~~: ~~ ,~-~T `~ -~~ TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 November 16, 2010 Jonathan Lapper Bartlett, Ponti$ Stewart & Rhodes, PC P.O. Box 2168 One Washington Street Glens Falls, NY 12801 Re: Lot 9 - Baybrook Professional Park Tax Map Parcel: 296.12-1-27.2 Dear Mr. Lapper. ,J ~`~ `5~3y~~"' S 18-761-820 l I am writing you with regards to the above-referenced project and to document our conversations last week between Tom Nace and Keith Oborne of my office regarding the same. The property is located within an Office (O) zoning; district within the Town of Queensbury. As I understand your proposal, you wish to establish a 37 unit apartment building on the parcel. As the proposed building is beyond 300 feet from the bounds of Bay Road, such a use is allowable within the O zone subject to Site Plan Review. However, your proposal calls for the construction of 58 parking spaces in lieu of the 83 spaces required by Town Code, as such, an Area Variance will be necessary for your proposal prior to Site Plan Review. Further, I note your plans to caU fora 40 ft tall building as well as filling in the area of the building. Please provide a building elevation drawing including the existing contour/grade information so that we can confirm the overall height of the planned building. Also, I note the plans depict the proposed building line to be coincident with the 100 ft wetlands buffer line. Is this possible? It would seem unlikely to me that this can physically happen. A Freshwater Wetlands Permit application addressing any potential encroachment into the 100 ft buffer area would seem more appropriate. I understand that you have submitted the necessary Site Plan Review application; however, no Area Variance or Freshwater Wetlands Permit applications have been submitted. Your Site Plan Review application cannot be further processed until .these items are adequately addressed. Please note our established submittal deadlines when preparing your application materials. Sincerely, Town Queensbury Craig Brown Zoning Administrator CB/sh I,:Kkaig Brown~2010 [.d~ets~Deaial [apps Schamerhom lot 9 Baybmolc 11 16 l0.doc n "HOME OF NATURAL BEAUTY ... A GOOD PLACE TO L[VE" Area Variance Revised June 2009 Tax Parcel ID Number: General Information 296.12-1-27.2 Zoning District: ~ Detailed Description of Project [includes current & proposed use]: Construction of a 35 unit senior apartment building that requires a variance from the parking rerruirement Location of project: south side of Willowbrook Road 9 ~~i:,y ,, ~~ r~ v , ~ ~~; Schermerhorn ay oa ui e ~ i Cnmmarr i a l rrnl r~ i ncrs~ QUeeriSbUY'Y NY 12 8 04 798-0674 Lett, Pontiff, 743-9553 Washington St. PO ox O1 Nace Engineering 832-6419/745-4404 Same as Applicant 69 Haviland Road 824-1019/792-8511 Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804. 518-761-8238 ] Area Variance Revised June 2009 Pre-Submission Conference Form X179-4-0401 1. Tax MaplD 296.12-1-27.2 0 2. Zoning Classification 3. Reason for Review: Parking Variance Requested 4. Zoning Section #: 17 9 - 4 - 0 9 0 (F ) 5. Pre-Submission Meeting Notes; Outstanding Iterrls To Be Addressed Include: ' Deed d/ Yes General Information complete ~ Yes No No Site Development Data Complete ~ Yes No Setback Requirements Complete ~ Yes No Additional Project Information Complete Yes No FAR addressed ~ Yes No Compliance with Zoning Ordinance ~ Yes Checkli t it dd d ~ No s ems a resse Yes Environmental Form completed Yes ~ No No Signature Page completed Yes No s /vim//4~r1/ fc// ,~x~L~//lJ//U'~- /6~f'" ~ ~'"~ /V ~..~ Staff Representative: Applicant /Agent: --"` Date: ~~ Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804. 518-761-8238 PAUL E. PONTIFF ALAN R. RHODES ROBERT S. MCMILLEN PHILIP C. MCINTIRE MARx A. LEBOWiTZ J. LAWRENCE PALTROWITz MALCOLM B. O'HARA PATRIC41 E. WATK[NS MARK E. CERASANO MARTIN D. AUFFREDOU BRUCE O. LIPINSKI PAULA NADEAU BERUBE JONATHAN C CAPPER BENJAMIN R. PRATT, JR. EILEEN M. HAYNES JAMES R. BURKETT STEFANIE DILALLO BITTER BARTLETT, PONTIFF, STEWART & RHODES, P.C. ATTORNEYS AT LAW P.O. Box 2168 ONE WASHINGTON STREET GLENS FALLS, 1vEW YORK 12801-2168 TELEPHONE (518) 792-2117 FAX (518) 792-3309 EMAIL info@bpsrlaw.com WEBSITE www.bpsrlaw.com January 18, 2011 James Underwood, Chairman Town of Queensbury Zoning Board of Appeals 742 Bay Road Queensbury NY 12804 Re: Schermerhorn Commercial Holdings, L.P. Proposed 35 Unit Senior Apartment Complex Lot 9 Baybrook Professional Park, Willowbrook Road Dear Chairman Underwood: RICHARD J. BARTLETT Retired KARLA WILLIAMS BUETTNER ELISABETH B. MAHONEY JOHN D. WRIGHT JESSICA HUGABONE VINSON ROBERT $. STEWART 1932-2001 BERTRAM J. DUBE 1916-1999 As you are aware our firm represents Schermerhorn Commercial Holdings, L.P.. On behalf of our client we are hereby submitting an application for an Area Variance regarding parking for a proposed 35 unit senior apartment complex which will be located on Lot 9 in the Baybrook Subdivision. The parcel is immediately adjacent to the existing Willows Senior Apartment Facility which is now fully leased. The relief the Applicant is seeking is relative to the parking requirement for this proposal. Due to the fact that the proposal is for a residential complex, under section 179-4-090(F) of the Town of Queensbury Zoning Code 2.25 parking spaces are required per dwelling unit. As this Board is aware, the Applicant has a great deal of experience in constructing and maintaining Senior Housing Facilities in this area. From his experience 2.25 spaces per dwelling unit is excessive for this use, and the actual amount of cars that the occupants have is met by the proposed number of spaces provided by the Applicant. Specifically, we are requesting 1.57 spaces per unit, which equates to 55 spaces being proposed while 79 spaces would be required. As the Board can understand, senior apartments are very low traffic generators. With this relief requested, Mr. Schermerhorn will be able to preserve green space on the lot, which will obviously result in less impervious area produced by the project. James Underwood, Chairman Town of Queensbury Zoning Board of Appeals Page Two January 18, 2011 Please place this matter on your agenda for your next available Zoning Board of Appeals meeting. Very truly yours, BARTLETT, PONTIFF, STEWART & RHODES, P.C. By~ ~ o than C. Lapp ,Esq. Di ect #: (518) 832-6434 irect Fax #: (518) 824-1034 Direct E-Mail: La),bnsrlaw.com JCL: kc a96s~~ Enclosures c: Rich Schermerhorn Tom Nace, P.E. Area Variance Revised June 2009 AREA VARIANCE 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) 761-8238 for appointment. 2) Submittal of complete application: 1 original & 14 copies of the application package by monthly deadline. 3) Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for consideration for placement on an agenda for that month. 4) Incomp,~„_, fete applications will not be considered for placement on any agenda until all missing information has been supplied. 5) Submittal to the Warren County Planning Board, if applicable. 6) Zoning Board meeting, generaly the third and fourth Wednesday 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 plansldrawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DOCUMENTATION REQUIREMENTS: Please submit 1 original and 14 copies of the completed application package to include: • Completed Application: pages 1-9 completed, signed & dated • Pre-Submission Meeting Notes: signed by staff • Denial Letter: from the Zoning Administrator • Waiver Repuest: any request for a waiver from the applicant regarding submission requirements. Copy of Deed • Survey: stamped, dated & signed • Fee ZONING STAFF $c CONTACT INFORMATION Craig Brown, Zoning Administrator craigb .aueensbury.net Keith Oborne, Land Use Planner keitho@aueensbury.net Sue Hemingway, Office Specialist (518) 761-8238 Visit our website at www.aueensbury.netfnr further information and forms. Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Q General Tax Parcel ID Number: 296.12-1-27.2 Zoning District: Detailed Description of Project [includes current & p Construction of a 35 unit senior ap Area Variance Revised June 200 nformation posed use]: rtment building that requires a Location of project: south side of Willowbrook Road a Applicant Name: ' Schermerhorn Address: -. ~t _..' ay oa ui e Queensbury NY 12804 Hame Phono. Cell Work Phone 798-0674 'Fax - :°< 743-9653 E-Mail: ~, ~ ~ . ~ , Agent's.Name: a i Bartlett, Pontiff, Address: ~ Jne Washington St. PO ox O1 we 5 ~ me PiiOne ~ HO ~, . ~;; Cell and Nace Engineering, ",.~,, 1, ~ 169 Haviland Road Work Phone. ,%~' "' } Fd?C 11 ~ ~ ,,..' ueens ury E-mail 832-6419 745-4404 ,_ :. / ~. 824-1019/792-8511 Owner's Name , ~ Same as Applicant ,Address ' HomePhone~ ;Cell Work .Phone, Fax .Y '., ~ mail ~~,. ~~-,.,w, ~`_~. ~ ~.n~, I Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 j Area Variance Revised June 2009 Area /Type ~ ::Existing sq. ft. Proposed Additions . ft. Total sq. ft. A. Building footprint 16, 530 16, 530 B. Detached Garage C. Accessory Structure(s) D. Paved, gravel or other hard surfaced area 25,465 25,465 E. Porches /Decks F. Other G. Total Non-Permeable [Add A-F] 41 995 41 995 H. Parcel Area [43,560 sq. ft. /acre] 3 9 8 , 54 5 3 9 8 , 54 5 I. Percentage of Impermeable Area of Site [I=G/H] 10.5s 10.50 Setback a uirements Area Required ~ Existing ~i Proposed ~~ Front [1] 75 75 Front [2] Shoreline Side Yard [1] 25 119 Side Yard [2] Rear Yard [1] 25 537 Rear Yard [2] Travel Corridor Height [max] 40 39.5 Permeability 3 5 % 8 9 No. of parking spaces 79 55 Town of Queensbury • Zoning Office • 742 ~ay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? No None 2. If the parcel has previous approvals, list application number(s): 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? yes 4. Estimated project duration: Start Date 3 / 11 End Date 12 / 11 5. Estimated total cost of project: NA 6. Total area of land disturbance for project: 1.7 acres Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage. Zoning District Symbol Floor Area Ratio [FARj Watertront Residential WR 0.22 Commercial Moderate CM 0.3 Commercial Intensive 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. Parcel Area s . ft. Existin Floor Area s . ft, see above definition Pro osed Additional Floor Area s . ft. Proposed Total Floor Area s . ft. Total Allowable Floor Area Area x see above table Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Requesting relief from SECTION: Compliance with Zoning Ordinance 179-4-090(F) Need relief from the requirement(s) listed below which can not be met by the project as proposed. (Check all that apply] wetback ^BufferZme ^LotWidth ®Other Parking The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. 1. 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? No. From the Applicant's experience with Senior Housing in Queensbury 2.25 spaces per unit exceeds the need for parking in a Senior Housing Facility. As a result, this variance will produce less impervious surface w iG wi in turn e a positive contra ution ma e y t is project. 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? Although the Applicant may be able to provide the required spaces, due to the fact that there is no need to produce that many spaces for this project the additional impervious space would result in a loss for the Town in e pp scan s opinion. 3. Whether the requested area variance is substantial? Not when considering the fact that the Applicant is requesting this variance so that it can keep as much green space on the property as possible. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No, in fact the proposal is for the benefit of providing a more positive impact on the physical and environmental conditions in the neighborhood. 5. Whether the alleged difficulty was self-created? It should not be considered self-created, because the Applicant is trying to preserve the green space with this request, and the additional parking spaces are unnecessary. Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 4 Area Variance Revised June 2009 Submittal of a stamped and sioned SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. A. GENERAL SHOWN'ON SHEET # 1 Title, Name, Address of applicant t~ person responsible Tor preparation of drawing S P - 1 2 Deed ATTACHED 3 North arrow, Tax Map ID, date prepared and scale [minimum 11n. = 40 tt.] 4 Boundaries of the property plotted to scale, zoning boundary 5 Principal structures, accessory structures with exterior dimensions SP-1 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed S P - 1 7 Setbacks for all structures and improvements: existing & proposed SP- 1 8 Elevations and floor plans of all proposed and affected structures ATTACHED B.' tNATER ~ SE`.~'iER SHOWN ON SHEET #.. , 1 Project sewage disposal faciUUes, design details, constructOn details, flow rates, and number of bedrooms proposed 2 Water supply (i.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site water supply and se tic PUBLIC 3 Separation distances for proposed sewage disposal system to well and water bodies S P - 2 4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location, design and construction of water su I includin dail water usa e SP- 2 5 Percolation test location and results SP- 2 C. ~ PARKINGhPERMEABLEAREAS '- ,-.~~` "" y~ r~. ' ' `~`~~' - ' ~ ..; SHOWN ON SHEET # 1 Number of spaces required for project including calculations and justification: existing & proposed 2 No. of existin arkin s aces, number to be removed, number to maintain and t e of surfacin material e.., ravel, aved 3 Provision for pedestrian and handicap access and parking: existing & proposed - 4 Design details of ingress, egress, loading areas and cutting: existing & proposed 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed SP-2AND 5 6 Lighting, location and design of all existing and proposed outdoor lighting SP-6 p. _~~ ~; ADpITIOr~AL SITE DEVE~OP.[v1ENT AND MISCELLANEO~JS ., , , ..., '; - , _ -- -____-_ SHOWN ON ~SHEET# 1 On-site & adjacent watercourses, streams, rivers, lake and wetlands S P - I 2 Utility /energy distribution system [gas, electric, solar, telephone]: existing proposed 3 Location, design and construction details of all existing and proposed site improvements including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants, etc. S P - 4 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & ro osed S P - 1 e Signage: Location, size, type, design and setback: existing & proposed f Waiver Request: provide letter with application requesting any waivers: please reference specific items g Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans h Identification of Federal, State or County permits required for the project together with a record of application for all necessary ermits Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Pre-Submission Conference Form f179-4-040 1. Tax MaplD 296.12- 1-27.2 0 2. Zoning Classification 3. Reason for Review: Parking Variance Requested 4. Zoning Section #: 17 9 - 4 - 0 9 0 (F ) 5. Pre-Submission Meeting Notes; Outstand ing Items To Be Addressed Include: J~ Deed ~ Yes ~ No General Information complete Yes No Site Development Data Complete ~ Yes No Setback Requirements Complete ~ Yes No Additional Project Information Complete Yes No FAR addressed Compliance with Zoning Ordinance ~~,L Yes d Yes No No Checklist items addressed Environments! Form completed ~ Yes Yes No No Signature Page completed Yes No ~r~'(~~~/~-/2 Staff Representative: Applicant /Agent: Date: Town of Queensbur,~ • Zoning Office • 742 Bay Road - Queensbury; NY 12804 • 518-761-8238 f FtillG CI L: CJL Area Variance Revised June 2009 ,Signature Page This page includes the 1.) AuthorizatiorT to Act as Agent Form; 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; ~l.) other Permit Responsibil)tles; 5,)I official Meeting Disclosure and 6.) Agreement to provide documentation reaulred. OWNf^R"S AGENT FORM: ~ I Complete the following if the OWNER o the prop~/rty Is npt the same as the applicant ~ Owner: ~-' ~/L...~...~--- ~e d IS - l a Design2tes: As agent regarding: Variance Site Plan Subdivision Per T'ax Nlap No„ ~ Secfion Block Lot Deed Reference: Book Page Date' QWN~R S1GiV'ATt1RE: DA?'E: APPI.IGANT'S Ao~NT FORM; Cor`nplete the following if the APPLICANT is unable o` attend the meeting or wishes to be represented by another party: Owner: Schertnerhorn Comm~zcial Holdings T,.P ' peslgnates:Bartlett Pontf~ Stewart & Rhodes P..C. & Noce ~>7,gXneering ` As agent regarding:` x Variance Site plan 'Subdivision. For Tax Map No,: 2 ~rzSectior~ Block Z ~- Lot Deed Ret'erence; . Book Page Date -- ;. , OWNER SIGNATURE: ___ _ - BATE: 2,} EN~tNEER}tVG FEE bISCLaSURE; .Applications may be referred ta'' the Town aonsulting engineer for review of septic design, storm drainage,'-eta eis determined by'the Zoning or Planning Department, Pees for. engineering review services will be charged directly to the applicant, Fee.:; for engineering. review will not exceed $ 1,000 without notlflcailon to the applicant. 3.} AUTHORIZATION FOR SITE VISITS: By signing this page and submitting trie application materials attached herein, the Owner, Applicant; and his/her/their agent(s) hereby authorize'the Zoning Board; or Punning Board acid Town Staff to enter the subject properties focthe purpose of reviewing the application submitted, A~.LOTHER PERMIT RESPONSIBIUT~ES: other permits may be required for construction or alteration activity subsequent to approval by the Zoning board' or Planning Eoard.: It'Is the applicaht's responsibility to obtain"any additional permits. 5.} OFFfCIAL METING MINUTES DISCLOSURE: It is the practice of the Commi.,nity Development Department to have a designated stenographer tape record the proceedings of maotings resulting from application, and minutes transcribed from those tapes constitutes the official record of all proceedings. 6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thorough-y read-and understand the instructions for submission and agree to the submission requirements, I acknowlEdge'no consfruction actlvltles shall be commenced prior to issuance of a valid permit.: I certify that the application, plans and' supporting ,laterals are a true and complete statemerit/descrptlon of the exist(ng conditions and the work proposed, ,and that all work will be" performed in accordance with the approved plans and in conformance with local Toning regulations. I acknowledge that prior tc occupying the. facilities proposed, I or my agents, wil! obtain a certificate of occupancyas Necessary, f 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 have read and agree to the above. St ~ P ra me~ ~Ap t D to s~ rted:,, ~~ toe gent] : print Name [A~~~.~~~'~' signed ~.; ` Town of QueenSb~,ry • 7onmg (~gtce • ~y.F?oad • Queensbury, NY t~Jg0~4y• ra1(~-7(i1-~23A c~ C 617.20 Appendix C State Environmental duality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be com leted b A licant or Pro'ect S onsor 1 APPLICANT/SPONSOR Z. PROJECT NAME SCHER~[ERHORN CO~[VTERCIAL HOLDINGS, LP LOT ~9 WTLLO~VBROOK PROFESSIONAL PARK 3. PROJECT LOCATION: Municipality TO~Wi OF QUEL-NSBU~IRY County WARREN 4. PRECISE LOCATION (Street address and road intersections.. prominent landmarks, etc., or provide map) SOUTH SIDE OF ~VILLO~VBROOK DR[VE ADJACENT TO CUL-DGSAC 5. PROPOSED ACTION IS: o New ~ Expansion ~ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCRION OF A 37 C,'N[T APARTMENT BU[LD(NG 7. AMOUNT OF LAND AFFECTED: Initially 9.t5 acres Ultimately 9.15 acres 8. WILL PROPOSED ACTION COMPLY V~/ITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ~ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ~ Industrial ~ Commercial ~ Agriculture ~ Park/Forest/Open Space ~ Other Describe: ELDERLY HOL`SING AND PROFESSIONAL OFFICES 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Q Yes ~ No If Yes, list agency(s) name and permiVapprovals: NYSDEC STORiVfVVATER SPDES 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes 0/ No If Yes, list agency(s) name and permit/approvals: 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITlAPPROVAL REQUIRE MOD[RCATION? Yes ~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appticant/sponsorvame: R[CH~RD SCHER"v[ERHORN Date- j/ - ~,,~ - I~ Signature: ,~~_...- !~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Reset PART II - IMPACT ASSESSMENT (To be completed by [_ead Anencvl ~. DOES ACTiGN EXCEED ANY T'fPE I THRESHOLD IN 6 NYCRR. PART ot7.4? If yes, ccordinaro the review process and use the FULL EAF. Yes ~ No B N/ILL ACTION RECEIVE COORDINATED REVIE~P/ AS PROVIDED FOR UNLISTED ACTIONS IN o NYCRR. PART of 7 67 If No. a negative declaration may be superseded by another involved agency. Yes ~ No C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED N/ITH THE FOLLO~A/ING (Answers may be handwritten, if legible) C t Existing air quality. surface or groundwater quality or quantity, noise levels. existing traffic pattern, solid waste production or disposal. potential fcr erosion, drainage or flooding problems? Explain briefly C2. A.esihetic, agricultural,. archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly. C3 Vegetation or fauna, 5sh, shellfish cr wildlife species, significant habitats, or threatened or endargered species? Explain briefly: C4 A cemmundy's existing plans or gcals as officially adopted, or a charge in use ar intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes ~ No If Yes, explain briefly E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ~ No If Yes, explain briefly: PART III -DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes: the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FU EAF andtor prepare a positive deGaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinate Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer m Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) Reset WARREN COUNTY PAMELA J. VOGEL COUNTY CLER gIQOC:LtMENT~ r~~iilt'J~9i 1 Lake George, NY 12845 017E ~ 3321: FAGS : 187 60 2007 p0pC6911 Instrument Number: 2007- 00006911 a5 Recorded On: July 13, 2007 Deed Commercial Parties: PASSARELLI GUIDO To SCHERMERHORN Coi~fERCIA.L HOLDINGS LP Billable Pages: 2 Recorded By: COMMUNITY TITLE Num Of Pages: 3 Comment: '* Examined and Charged as Follows: ** Deed Cammercia{ 31.00 Cover Page 5.00 RP-5217 Commercial 165.00 TP-584 5.00 Recording Charge: 208.00 Consideration Amount Amount RS#/CS# Transfer Tex 1,400.00 350,000.00 TT 2945 Basic 0.00 QUEENSBURY Special Additional 0.00 Additional 0.00 Transfer 1,400.00 Tax Charge: 1,400.00 I~CORDE6 County Clerks DPFice Jul 13-2047 I0:31A Paaela J. Yo~el ilarr~l County Clerk *• THIS PAGE IS PART C+F THE INSTRUMENT'* I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY File Information: Record and Retum To: Document Number: 2007- 00006911 BARTLETT PONTIFF STEWART 8~ RHODES PC Receipt Number: 39909 PO BOX 2168 Recorded Date(Time: July 13, 2007 10:31:OfiA ATTN JCL Book-Vol/Pg: Bk-RP VI-3320 Pg-187 GLENS FALLS NY 12801 Cashier !Station: C Steves /Cash Station 1 ~~ a~ ~~V~ , ~~, ~~ ~1 ~~ ( (~~ l~ Utz DOCUMEh4T~ C~~~a46911 VOLUt1E = 332+~ PAGE = 188 WARRANTY DEED WITH LIEN COVENANT THIS INDENTURE made the ~~day of July, 2007 between GUIDO PASSARELLI, residing at 465 Lake Avenue, Lake Luzerne, New York 12846, party of the first part, and SCHERMERHORN COMMERCIAL HOLDINGS, L.P., a Newyork limited liability companywith an address of 536 Bay Road, Suite 2, Cueensbury, New York 12804, party of the second part, WITNESSETH, that the party of the first part, in consideration of One Dollar ($1.00) lawful money of the United States and other goad and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, its successors and assigns forever, ALL THOSE CERTAIN PIECES OR PARCELS OF LAND situate, lying and being in ~ the Town of Queensbury, County of Warren and the State of New York, being Lot 3, 3 7 and 9 as shown on a map of a modification to an approved subdivision known as - .- ~Baybrook Professional Park prepared by Van Dusen & Steves, LLS dated January x°,31, 2001, last revised on December 9, 2002 entitled "Subdivision Mod~cation- a°' o i ~ X10/14/02 Saybrook Professional Park" in the Town of Queensbury in Warren County, m ~ ~; ~ New York and filed in the Warren County Clerk's Office on January 29, 2003 in Plat ~~ ~ ~~ Cabinet "B",Slide 213. E ~ ~ Being a portion of the same premises described in a deed from SDC Associates to ~ Guido Passarelli dated 1/3/89 and recorded in the Warren County Clerk's Office on 1/11/89 in Book 740 of Deeds at page 229. Together with ali right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above-described premises, to the centerline thereof. Together with the appurtenances and al( the estate and rights of the party of the first part in and to said premises. To have and to hold the premises herein granted unto the party of the second part, its successors and assigns forever. And said party of the first part covenants as follows: DQGU11EhIT~ G~~~~~~6411 VOLUME = .~3?D PAGE = 189 First, that the party of the second part shall quietly enjoy the said premises; Second, that said party of the first part will forever warrant the title to said premises. Subject to the trust fund provisions of Section Thirteen of the Lien Law. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ~~~ ~~ ~~ „~ i~,~ ozty - J n - ~' ~t- ~ ~ ~ _ ~~ Guido Passarelli STATE OF NEW YORK ) ss: COUNTY OF WARREN ) On the ~ day of July, in the year 2047 and for said state, personally appeared Howard Krantz, 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. Notary P is 239019 BARBA. GMANtV N6TAPY STATE Ot NEC/ YO~i, QUALiFlEO IN WAA.QEN COUOtiY NUMBER 1643858 MY CQMPAISSIQN EXAIRFS.,,~Q,~„I {+ RECORD 8~ RETURN Bartlett; Pontiflf, Stewart 8 Rhodes, pC, P.O. Box 2168, One Vlbehi~tgton S~evt Glens Faits, New York 12801