Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Application
New Business Area Variance No. Review in the month of May 2011 chermerhorn Commercial Holdings, LP Lot 9, south side Willowbrook Rd. 3-story -senior apartment complex PAUL E. PONTIFF ALAN R. RHODES ROBERT S. MCMILLEN PHluar C. MclirrrRE MARK A. LEBOWrfz J. LAWRENCE PALTROWrrL MALCOI.M B. O~HARA PATRICIA E. WATIQNS MARK E. CERASANo MARTIN D. AI~FFREDOU BRUCE O. LIPINSKI PAULA NADEAU BERUBE JONATHAN C. CAPPER BEN.IAM[hi R. PRATT. JR En.LEN M. FTAYNes JAMES R. BURt~TT $TEFANHi DILALLO BITrER IC.ARLA WD.LUMS BUE'rrNLR BARTLETT, PONTIFF, STEWART tSG RHODES, P.C. ATTORNEYS AT LAW P.O. Box 2168 ONE WASHfNCTON STREET GLENS F' ALLS, NEW YORK 12801-2168 TELEPRaNE (518) 792-2117 FAX (s18} 792-3309 EMAIL iafo(a3bpsrlrwcom W EBSITE wwwbpsrlatvcom April 15, 2011 Steve Jackoski, Chairman Town of Queensbury Zoning Board of Appeals 742 Bay Road Queensbury NY I2804 Re: Schermerhorn Commercial Holdings, L.P. Proposed 35 Unit Senior Apartment Complex Lot 9 Baybrook Professional Park, Willowbrook Road Dear Chairman Jackoski: RICHARD J. BARTLETT Retired ELISABETH 8. MAHONEY Joen D. WwGHT JESSICA HuCABONE VuvSON BRIAN C. BORTE ROBERT $. STEWART 1932-2001 BERTRAM J. RUBE 191 b 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 height for a proposed 35 unit senior apartment complex which wilC 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 forty foot maximum building height limitation under Section 179-3-040(B)(2}ix. Based upon soil tests and an on-site meeting between the project engineer, Nace Engineering, PC and the Town reviewing engineer, Vision Engineering, LLC, it was determined that the best way to design the stormwater management facilities in compliancewith the' new DEC regulations is to fill the development area of the site to a height of 5.7 feet above the lowest existing grade. This provides for stormwater infiltration and provides adequate distance between infiltration and groundwater. The height of the building is 39 feet4 inches from finished floor to roof peak which is under the 40 foot Limitation. However, the variance is necessary because when measured from the lowest existing grade the total height is 45.1 feet. Due to the large lot sizes in the development, we do not anticipate that the granting ofthis variance will have any impact an neighboring properties. Please place this application on the agenda for one of the May meetings. Very truly yours, BARTLETT, PONTIFF, STEWART & RHODES, P.C. By: J han C. Capper sq. e t 1t: (SIE) 831-6434 Q ct Fax ><: (Sl8) 824-1034 Drrect E-Mar(: 'c~osrtaw. com JCL:mdp Enclosures cc: Rich Schermerhorn 303427.1 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 Qrior to deadline day. Call (518) 761-8238 for appointment. 2} Submittal of complete application: 1 original & ?4 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} Incomplete applications will not be considered for placement on anv aaenda until all missing_information has been supplied. 5} Submittal to the Wan•en 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 deasion 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 conies of the completed application package to include: • Completed Aaplication: pages 1-9 completed, signed & dated • Pre-Submission Meeting Notes: signed by staff • Denial Letter: from the Zoning Administrator • Waiver Request: any request for a waiver from the applicant regarding submission requirements. Cogy of Deed Surve :stamped, dated- & signed • Fee ZONING STAFF 8s CONTACT INFORMATION Craig Brown, Zoning Administrator craiabC~aueensburV.net Keith Oborne, Land Use Planner keitho jaueensburv.net Sue Hemingway, Office Specialist (518) 761-8238 Visit our website at www.gueensburv.net for further information and forms. Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.51a""-761-8238 0 Area Variance Revised June 2008 General Information Tax Parcel TD Number: 296.12-1-27.2 Zoning District: 0 Detailed Description of Project [includes current & proposed use]: Construction of a 35 unit senior apartment building that Tres a variance Location of project: 'SBo~th side of Willowbrook Road p can at~iet Schermerhorn fir ~~ k. } 536 Bay Road, Suite?2 _- ,, Commercial Holdin s, L ', Queensbur NY 12804 F~rrre` ~- ~~~ ~ r- ~~. s ~ ~_ -~ ~, ~,~ ~~, ~ , ~~ : ~ 798-0674 ~ ~~~ ~ ~. 743-9653 9 ~ ; 7 { T. r x T G A errs Name . ~9_ _ ,` ~ ~ Bartlett Pontiff Address ~ One Washington St., PO B ; i=iome Phone - Nace Engineering PC Cell: 169 Haviland Road WoFk~.f?~Fie 832-6419/ 745-4404 ;~~~ ~ 824-1019/ 792-8511 _ ,~."+' - ~j 54~ ~ I' miner's Name '; Aridre~s Same as Applicant _ ,. ~ti"o~ite Phone Cell - Work Phase ... ::Fax E-rrtaii ~ 2168 Town of Queensbury • Zoning Office • 7d2 Bay Road ~ Queensbury, NY 12804. 516-%Q~i$2JH j Area Variance Revised June 2009 Site Development Data Area a~'f~pe E~iisiinfg sc{. ft. > Prop`oaeri ~ Ac~dtbon ~_ ~. ft. Tota1 sq ft. A. Building footprint 16,530 16,530 B_ Detached Garage C. Accessory Structure(s) D. Paved, gravel or other hard surfaced area 23 , 629 23 , 629 E. Parches /Decks F. Other G. Totat Non:Permeable [Add A-FJ 40,159 40 ,159 H. Parcel Area j43,560 sq. ft. /acre] 398 ; 545 398 , 545 I. Percentage of Impermeable Area of Site [I=G/H] ' 10.1% 10.1% Setback Re uirements rea ` Req~t-re-. '~xts ng Proposed Front [1] 75 75 Front [2] Shoreline Side Yard [1J 25 119 I Side Yard [2J 25 124 Rear Yard [1] 25 537 Rear Yard [2J Travel Corridor Height [max] 40 45.1 Permeability 3 5% 89% No. of parking spaces 18 42 Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 128Q4 •518-761-8238 Area Variance Revised June 2009 Additional Proiect Information 1. Will the proposal require a Septic Variance from the Town Board of Health? Nn 2. If the parse! has previous approvals, list application numbers}: None 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? Yes 4. Estimated project duration: Start Date 7/11 End Date 112 5. Estimated total cost of project NCR 6. Total area of land disturbance for project: ~ .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 tot size in square feel, yielding a percentage. Floor rea >~afro`[FAI~j ~~~ _g.,Df ~ S~boE- Waterfront 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 inGude: Open deck, docks acid 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 • ft- F.xistin Floor Area s . ft. see above definition . Pro sed Additional Floor Area s . ft. Pro used Total Floor Area • ft• Total Allowable Floor Area Area x see above table Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804.518-761-8238 3 Area Variance Revised June 2009 Requesting relief ftom SECTION: Compliance with Zoning Ordinance 179-3-040(B)~2)ix Need relief from the requirement(s) listed below which can not be met by the project as proposed. (Chedcaltlhat apply) [~etbaClC ^ Buffer Zme ^ Lot Width Other. HPi ght The following questions reflect the criteria far 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? except in the rear of the building, the_ building will not exceed 40 feet above_ the land immediately adiacent to the building The additiana]. heghi< w-+11 no . be noticeable from neigh~ing~ r°; °''i'~PS 2. Whether the benefd sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? The height variance is necessitated by raising the site with fill to comply with the new stormwater regulations. 3. Whether the requested area variance is substantial? No, because the building will still be less than 40' from the finished grade as viewed from the road and neighboring buildings. 4. Whether the proposed variance wilt have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No, becaoee the reason for the variance is to enable compliance with the new DEC stormwater regulations. __ 5. Whether the alleged drffcutty was self-created? It should not be considered self:-created because the additional fill is being added in order to avoid any impacts ors the adjacent wetland buffer area. Town of ~ueensbury • Zoning Office - 742 Bay Road • Queensbury, NY 12804 •518-751~23~ 4 Area Variance Revised June 2009 Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. GE ERIiL . ;! - -_ ~ SH ON S><#EEZ 1 reparation of drawing Title, Name, Address of applicant & person responsible for p SP-2 z Deea Attached 3 North arrow. Tax Map ID, date prepared and scale [minimum 1tn. = 40 ft.) SP-2 4 Boundaries of the property plotted to stale, zoning boundary SP-1 5 Principal structures, accessory structures with exterior dimensions SF~-1 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed SP-1 T Sefbadcs for all structures and improvements: existing & proposed SP-1 8 Elevations and floor plans of all proposed and affected stNctureS Attached A'TER 8~ S a ~ S ; _ ~. - SH ~ 1 .Project sewage disposal facilities, design details, construction details, flow rafes, and number of bedrooms proposed iu A 2 Water supply [i.e. well) 8 septic art adjoining lots with separation distances to existing or proposed on-site water supply and PUbIiC se Uc 3 Separation distances for proposed sewage disposal system to well and water bodies SP-2 4 F~dsting public or private water supply [well, lake, etc.]. Method of securing public or private water, location, design and SP-2 construction of watersu indudin Bail waterusa a 5 Percolation test location and results SP-2 ~ , e _ .- •: ~ - pA ~ /. 1=17 )3f~ ~~ .P r ~ 5 r ~., to .:.:.., __ ~. - 1 Number of spaces required for project inducting calculations and justification: existing ~ proposed SP-2 2 No. of existin arkin s aces, number io be removed, number to maintain and of surfacin material e. :, ravel, ave 3 Provision for pedestrian and handicap access and parking: existing 8 proposed SP-2 4 Design details of ingress, egfess, loading areas and cutting: existing $ proposed SP-2 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed $P-2 & 5 6 Lighting, location and design of all existing and proposed outdoor lighting SP-6 'p, L SffE 4 Ehf1- . M~ELEANEDttS: : S N'© ,~ , ,. r ~, ~ ~ ~: ~ _ ~ - ~ _ __ ~~ - 1 Omsite & adjacent watercourses, streams; rivers, lake and wetlands 2 Utility /energy distribution system (gas, electric, solar, telephone]: existing proposed 3 design and corutrudion details'of all existing and proposed site improvements including: drains, culverts, retaining Location , walls, fences, fire ~ emergency zones and hydrants, eta. SP-4 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercia{ activities: existing 8 SP-1 ro ~~ e Signage' Location, size, type, design and setback: existing 8 proposed f Waiver Request: provide letter with appligtion requesting any waivers: please reference specific dams g CommerciaUlndustrial 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 mots Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 Area Variance Revised June 2009 Pre-Submission Conference Form [179-4-04 1 Tax Map ID 296.12-1-27.2 . 2 Zoning Classification ~ . 3. Reason for Review: Heigj~t Variance Re auP~t~~ f ~~~ ~ '~Qy 4. Zoning Section #: 5. Pre-Submission Meeting Notes; Outstanding Itenys To Be Addressed Include: Deed /Yes ' '~ ' No General Information complete Yes ~ ~L No Site Development Data Complete / Yes ~ No Setback Requirements Complete Yes No Additional Project Information Complete Yes Yes No ~No FAR addressed Compliance with Zoning Ordinance Yes No Checklist items addressed Yes No ~ N Environmental Form completed Yes o Signature Page completed Yes No -_S/~N~Tv2~ ,o,QG~ Staff Representative: Applicant /Agent: Date: Town of Gtueensbury -Zoning Office • 742 Bay Road = Oueenstsury, IVY 12304.513-761-8238 Area Variance Revised June 2009 141li4 (11ID5)-Tort 12 • PROJECT I.O. NUMBER ~ 67~.2Q SEOR Appendix C State Enrirorlmental Cusilty Rerls+r . SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED AC710NS Wlty PART I-PROJECT INFORMATION Ro be comoieted by ADDlicant or Protect aFOnsort 1 . ApPUCANT ISPONSOA ~ ~ ~ Schermerhorn Commercial Holdings L 2. PROJECT E Lot ~~, Willowbrook Professional a. PROJECT LocnnoN: Town of Queensk3ury arren MUMeicality ~ 01p7 <. PRECISE LOCATION (SUeet address and road interssctlona. prominem landmarks, etc., or provide map) South side of Willowbrook Drive adjacent to cut-de-sac 5. IS PROPOSED ACTION: ~tdw ^ rytPinsbn O ModlliaatbnhltaraHon 6. DESCRIBE pROJECr BRIEFLY: Construction of a 35: unit apartment budding 7. AMOUNT OF IAND AFFECTED IMtia acres U1tlmatel acres 8. WII L PROPOSEeDeyyttACTION COMPLY WITH EXIBTtN6 ZONING OR OTHER E%ISTINO IAND USE R£STRICTIONS7 ht variance required ~'_~~ Hei g .Yes IpfNo I+No,descAbsan.,tY 9, WvvHwwAT~ 1$, PRESENT LAND USE IN VICINITY OF' PROJECT? pJwes~dentlat ^ Induetrla! Q Comrrarcial ^ AQrbultu(e ^ ParWForeaUOpa>\ space ^ Other Deealbe: Elderly housing and professional offices 10. DOES ACTION iNYOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE QR LOCALpt C~Yw ^ No N yet, Ilat apeney(al and pertnWapprovals NYSDEC Stormwater SPDES tt. DOES ANY ASPECT OF TkE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL) ^Y0a i~NO If yae, Ilat sgenry name and parmlVeparoval tZ. AS A RESULT OF PROPOSED ACTION WILL pfISTING PERMIT/APPROVAL REQUIRE MODIFICATIONT ^ Yes O No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applkantlaponaor na Date: Slpnaturp: If ttt~ action is in the Coaatai Ares. and you era a state apancy, complete ttw Coastal Assessment Form tH•fore proceeding with this assessment DYER 1 ark i own of Queensbury -Zoning Offitx - 74^c Bay Road = Queensbury, NY .280, * 5.1E-7E' -8238 ~ Area Variance Revised June 2009 PART II,-ENYiRON11AENTAL ASSESSMFM (To be completed by Agertey) 0. GOES ACTION EXCEED ANY TYPE I THRESHOLD IN B NYCAR PART 817.4? 11 yea, cootdkwte the reNew prdCeat and We the FULL FAF. Yea ^ No B. 'AnI,L. ACTION AECOVE COORDINATEb REVIEW AS PROVIDED FOR UNLISTED ACitON$ IN 8 NYCRA, PART 817.87 It No, • negatlve-declaration may t>a auparasded by arlgltwr Involved agency. [] Yes ^ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS AS80CI ATFO WITH THE FOLLOWING: (Answers may W handwfitlen, it legible) Ct. Exhting sfr quality, surtaoe o. Droundwater qualtry a quantity, noise IeYela. existing tralik psttema, sdid waste produetlon or olsposal, potential for arosbn, drainage or Ilooding problems? Explain brletly~. CZ AesthMic sgrkulturak archaeologkai, tdatoric, or other natural or cunural reaeurCea; w community or neighl7pttood character? Explain WiNly: CS. Vegetation or fauns, fish, 4hallilah or wiidlNe species, significant habllatR or tMeatrmed rx endangered specleeT FxDIaM WpNy: C4. A communtry's oxlsttnD plane or gwls as offkiWy adopted, a e charge fn uw or intensity of use of land or othw natural resafrcoa? Explain brlefry CS. Growth, cutnsquent devebpmenL or relstad activnies Likely lobe tndut>ea Dy lha proposed action? Explain brtelly. Ce. Lone farm, short term, tsrrmtlstlva, a other atfecte not Idenitfled In Ct•tST Explain Drlefly. C7. Other Impacts (ineludinq ehangaa in use of either quantity or typo of energy)? Explain brbfty. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAl/5ED THE ESTAatJSHMFIJT OF~A CEAT Yes 0 No E IS THERE, OR IS THERE LIKELY TO BE, t~NTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTST D Yea ^No If Yea, explain brNtly PART tit-DETERMINATION OF SIGNIFlCANCE (To be completed by Agency) 1l1STRUCTIONS: For oath adverse effect kientHied abtyve, deterrnitte.whether h to sutsstantul, large, Important w otherwtss signtttcant. Each slfect should be rsaw6ed in wnnection with ka (a) setting (Le. urban or rump; (b) probability of occuMng; (c) duration; (d) irreverslbllRy; {ei gsographlc scope; end (fl magnitude. If necessary, add attachments or reference aupptxtinp materiels. F~tsun that ezplartatitnte contain sufflclettt detail to short that eN relat!snt adyerae Impacts have been identified end adequately addressed. If glaeetfrxt D Of PaR II was dNOked yes, the daterrttlnatlOn and slgntticance must evaluate the potential impact of the proposed aatitxt on tits ertvirtxnmsMal eharat:teriatlcs of the CtA [~ Check this box if you hays identitieti one or more potentially large or significant edveBe impacts which MAY occur. Then proceed directly to the FULL EAF andlor prepare a posithre declaration. 0 Check flits liox if you have t9etetmint3d, based on the information and analysis above end soy supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Noma lea naency riot or yp! ame o ~a i yr ~n lea ency •t esrwns ,ter ianaWre o Mpon a er M lea Aaency ,anaturt reparer r Brent ram rnpom o KnI ate Town of Queensoury • Zoning (3ffice • 742 Bay Raad - Queansbury, N`( 12804.5t8-761-8233 Area Variance Revised June 2009 Signature Page This page inGudes 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: Variance Site Plan Subdivision For Tax Map No.: Section Biock Lot Deed Reference: Book Page Date OWNER SIGNATURE: DATE: APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Schermerhorri Commercial Holdings L.P. Bartlett, olnti Stewar Rhodes P.C. and Nace Eligineering PC Designates: As agent regarding: ~~,. Variance Site Ptan Subdivision For Tax Map No.: 29F 19 Section _~, Black ~7~? Lot Deed Referenc ~ Book Page Date OWNER SIGNATURE: ' ~ ~'---- DATE: 2.} ENGINEERING FEE DISCLOSURE: Applicafians may be refen'ed to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Departmenk 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.- AUTHORIZATIOfY FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner, Applicant, and his/herftheir 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. 4.1 OTMER PERMIT RESPONSIBILITEES: 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 MEETING 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 the official recerd of all proceedings. S } AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the instructions for submission anal agree to the submission requirements, (acknowledge no construction activities shall be commenced prior to issuance of a valid permit t certify that the application, plans and supporting materials are a true and complete statementldescription of the existing conditions acid 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 occupanry as necessary. I also understand that 1/we may be required to provide an as-built survey by a licensed land surveyor of alt newly constructed faatities prior to issuance of a certificate of occupancy Print Name [Applicant] Date signed Jonathan C. LaDaer, Esq. 4-15-11 Print Name [Agent} Date signed iry • Zoning Once • 742 Bay Road - Guc-ensbury, NY 12804 •518-761-8238 9 I haver d and gree to the above. YYAt{KtN CGUUt'i E T PAMELA J. VOGEL COUNTY CLER{{{{~ QQC:UCfEFiT~_ 4t1>>06911 `~7 Ut1E = 33_U Fr~GE : 187 Lake George, NY 1284 so zco7 aoa~ r Ensfrument Number: 2007- 00006911 As Recorded On: July 13, 2007 Qeed Commercial Parties: PASSARELL! GUIDO Ta SCNERMERHORN CO;~iERCIAL HOLDINGS LP Bitiabie Pages: 2 Recorded By: COMMUNITY TITLE l~um Of Pages: 3 Comment: " Examined and Charged as Follows: " Deed Gomrneraat 3t.C0 Cover Page 5.00 R.°-5217 Commtr~.'al tE5.00 TP-5i34 5.00 Recording Chargs: 206.00 Consideration Amount AmoursE ~~~ Transfer Tax 1.400.00 350,000.00 TT 2945 Basic 0.00 QUEENSBUKy ~ SpeGai Additional 0.00 Additlorsa! 0.00 Transfer 1,400.00 Tas Charge: 1,+OOAO R£COR6ED CrnmtY Clerks Of [ kE JuI 13-2b07 ifl:31A Pavels .!. Yawl Yarrea CaunEe Clak "THIS PAGE IS PART OF THE INSTRUMENT " [ hereby certify that the within artd foregoing was recorded in the Cteric`s Office For: WARREN COUNTY, NY F![e infarrnation: Record and Return To: Document Number: 2007- 0000691 1 BARTLETT PONTIFF STEWART & RHO{4ES PC Receipt *lurnber. 39909 PO BOX 2158 Recorded Date/Time: July 13, 2007 t 0:31:06A ATTN JCL Book-VoUPg: Bk-RP V1-3320 Pg-~ 87 GLENS FALLS NY 128Q1 Cashier 1 Station: C Steves /Cash Station 1 1~ }~ DQC(.lCtENTr _ Ci~~r~t~E~911 ~aP VQ~CI11E= 3323 F~pGE= 188 ~~~~ ~ ~5U4 ~ ~IARRANTY DEED W}TH LIEN COVENANT ~ THlS INDENTURE made the ~~day of July, Zt?07 between GU}DO FASSARELLI, 4 ~ ~S a of the first art, and i~~, residing at 465 Lake Avenue, Lake Luzerne, New Yaric 12846, p rty p SCHERMERHORN COMMERCIAL HQLD}NGS, L.P., a Newyork limited fiabiiity cornpanywith an address of 53fi Bay Road, Suite 2, 4ueensbury, New Yark 12804, party of the second part, W}TNESSETH, that the party of the first part, in consideration of one Doilar ($1.00) lawful money of the United States and other good 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 Yark, being Lot 3r ~ 3 7 and 9 as shown on a map of a modification to an approved subdivision known as - .. Saybrook Professional Paris prepared by Van Dusan 8~ Staves, Ll.S dated January x,31, 2001, fast revised on December 9, 2002 entitled "Subdivision Modifcation- ,~ g ~ ~ ~10M4l02 Saybrook Professional Park" in the Town of Queensbury in Warren County, m ~ ~: ,New York and filed in the Warren County Clerk s Ofi'ice on 3anuary 29, 2003 in Plat ~~ ~ ~~ Cabinet "B",Slide 213. ° Being a portion of ~e same premises described in a deed from SDC Associates to ~ ° Guido Passaretl}dated 1/3!89 and recorded in the Warren County C}ark's Office on 1/11!89 kt Book 740 of Deeds at page 229. Together with all 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 all the estate and rights of the party,af 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: DOGUMEN7T OU~~~~b91 i +~Ii3LU1'tE= 3324 FAtsE: 18F 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 Sect-on Thirteen of the Lien Law. IN WITNESS WHErZEOF, the party of the first part has duly executed this deed the day and ~,c.~.teQt1 ~a~ a~~. year first above written. ~ ~ ~-f n ~ ~"`~ Guido Passarelli STATE OF NEW YORK ~ } ss: COUNTY OF 1/VARREN ~ On the ~ day of July, in the year 2007 and for said state, personally appeared Howard Krantz, personalty 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 acknorHiedged to me that he executed the same in his capacity, and that by his signature on the instrument, the individuai, or the person upon behalf of which the individual acted, executed the instrument. RECORD & REtURN earttet~ Ponflft, S6ewart i>K Rhodes, RC. RO. Box 2165, One V~shinQbon S~hc+e~eE Glens Falls, New Yolk 12801 .~ : ~~L