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ApplicationNew Business Area Variance Review month -November 2011 Lafontaine's Ice Cream & Grill, LLC Martha's Dandee Cream 1133 State Route 9 Proposed additional service window and expansion of prep- area. (2 small building additions) Expansion of apre-existing nonconforming structure. ~~~ r~ s TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 5 t 8-761-8201 October 12, 2011 Thomas W. Nace 169 Haviland Road Queensbury, NY 12$04 RE: Building Addition -Mart/ia's Taz Map Parcel No: 29S.I2-I 3 Dear 1VIr. Nace: I am writing to you in response to my review of your plans depicting the proposed construction of a building addition and associated site improvements at the property referenced above. Upon review of the plans submitted to this office, I find that both an Area Variance and Site Plan Review will be necessary in order for you to construct the addition and site improvements that you desire. Specifically, a variance is needed as the proposed placement of your addition which does not meet the minimum setback requirements of the Commercial Intensive (CI) district or the setback requirement of the Travel Corridor Overlay (TCO) for Route 9. Site Plan Review is necessary for the expansion of the use aad for any proposed site improvements. I understand that you are preparing the necessary application(s).. Please note our established submittal deadlines when compiling Your application materials. Should you have any questions regarding the above comments, please do not hesitate to contact this office. sincerely, Town of Queensbury Craig Brown Zoning Administrator CB/sh r,:~ s~~o1 r c~~ t~~ 1o r2 1 t.doc "HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE" SETTLED 1763 169 Haviland Road, Queensbury, NY 12804 Phone-518-745-4400 Fax -518-79~-8511 October 12, 2011 Project # 47522 Mr. Craig Brown Zoning Administrator, Code Compliance Officer Town of Queensbury 745 Bay Road Queensbury, NY 12804 Re: Martha's Dandee Creme Proposed Building Additions Dear Mr. Brown: Martha's Dandee Creme is proposing to construct two small .building additions to their existing building to facilitate their operations. The existing building does not meet the existing front setback of 75 feet in the HC-I zone and, although the additions do not increase the existing non- conformity, it is our understanding that an area variance will be required. Enclosed are an existing condition plan and a site plan showing the proposed additions. Will you please review these and determine the necessity of a variance for this project? Sincerely, Thomas W. Nace, P.E. Cc: Jon Lapper Area Variance Revised June 2009 General Information Tax Parcel ID Number: 295.12-1-3 Zoning District: ~I Detailed Description of Project (includes current & proposed use]: Two small building additions which include a service window and prep space. These additions will make the operation much more efficient but will have a mi nnr i mr~art sn 1-hA ci to ~~ location of project: 1133 State Route 9 Grill, LLC Queensbury NY 12804 Mr ~+~~~.. LV1fIriLL- tewart & Rhodes PC eaL escape •rheme rk, L. P. ueensbury NY 12804 NY Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 1 - _ ~___~~_. y......_...,.~ .....~..~.. Area Variance Revised June 2009 Pre-Submission Conference Form f179-4-0401 1. Tax MaplD 295.12-1-3 CI . 2. Zoning Classification 3. Reason for Review: Area Variances bein requested 4. Zoning Section #• Bulk Table and 179 -13 - 010 5. Pre-Submission Meeting Notes; Outstanding Item To Be Addressed Include: Deed General Information complete ° " Yes Yes No No Site Development Data Complete'° Setback Requirements Complete Addition l P o c nf Yes ~~,,~ Yes No No a r je t I ormation Complete FAR addressed ~ Yes Y No Compliance with Zoning Ordinance Checklist items addressed Environmental Form c l t d ~ es es Yes No ~. ~o ~QGQU ~~ ~~ omp e e ...Yes No Signature Page completed ~ ~ Yes No L~/`G~C'L /.S (c9~ tu~ LtJJf ( ~ /~YJcVJ1 ~ y y` N~ :t/~ Staff Representativ . ' Applicant /Agent: ~ ~~ Date: /O /~ // Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 6 PAUL E. PONTIFF ALAN R. RHODES ROBERT S. MCMILLEN PHILIP C. MCINTIRE MARx A. LEBOWITZ J. LAWRENCE PALTROWITZ MALCOLM B. O'HARA PATRICIA E. WATKINS MARK E. CERASANO BRUCE O. LIPINSKI PAULA NADEAU BERUBE JONATHAN C. CAPPER BENJAMIN R. PRATT, JR EILEEN M. HAYNES JAMES R. BURKETT STEFANIE DILALLO BITTER KARLA WILLIAMS BUETTNER BARTLETT, PONTIFF, STEWART c4z RHODES, P.C. ATTORNEYS AT LAW P.O. BOx 2168 ONE WASHINGTON STREET GLENS FALLS, ~lEW YORK 12801-2168 TELEPHONE (518) 792-2117 FAX (518) 792-3309 FiMAIL info(a~bpsrlawcom WEBSITE wwwbpsrlawcom October 14, 2011 Chairman Steve Jackoski Zoning Board of Appeals Town of Queesbury 742 Bay Road Queensbury New York 12801 Re: Lafontaines Ice Cream and Grill, LLC(Tenant/Applicant) 1133 State Route 9 - Tax Map Parce1295.12-1-3 Dear Chairman Jackoski: RICHARD J. BARTLETT Retired ELISABETH B. MAHONEY JOHN D. WRIGHT JESSICA HUGABONE VINSON BRIAN C. BORIE ROBERT $. STEWART 1932-2001 BERTRAM J. RUBE 1916-1999 Please be advised that our firm represents Lafontaine's Ice Cream and Grill, LLC, the tenant which operates Martha's Dandee Cream, hereafter referred to as the Applicant. The Applicant is seeking certain variances which will allow the Applicant to make some small but very much needed modifications to the structure. The Applicant is seeking to expand the structure so that it can add an additional service window and expand its prep area. The total additional building area is only 440 square feet. The Applicant feels that these changes will allow the business to become more efficient. Due to the fact that the business is seasonal the Applicant is anticipating being able to make these changes over the winter so that it will be completed when the business opens in March. Due to the fact that this is apre-existing nonconforming structure, any changes that are deemed an expansion require a variance due to its location in the front setbacks. As a result, the requests for this proposal includes the following (1)expansion of anon-conforming structure (2) front setback relief and (3) a variance from the travel corridor. Although there are more than one variance being sought, due to the fact that any request would require a variance, this should not be deemed a substantial request. Please place this on your November agenda for the first available meeting. I have enclosed the variance application, the survey as well as the application fee. If you have any questions, please contact me or Attorney Stefanie DiLallo Bitter. Very truly yours, BARTLETT, PONTIFF, STEWART & RHODES, P.C. By: ~ ' ~ ~'''-~ Jo at n C. Lapper, Esq. D re #: (518) 832-6434 it ct Fax #: (518) 824-1034 ' ect E-Mail: icl(a7,bpsrlaw.com JCL: cc: Dennis Lafontaine Don McCoy, CEO, Six Flags Tom Nace PE 311931 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 dav. Call (518) 761-8238 for appointment. 2) Submittal of complete application: 1 original & 74 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 agenda until all missing information has been supplied. 5) Submittal to the Warren County Planning Board, if applicable. 6) Zoning Board meeting, generally 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 plans/drawings 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 Reauest: any request for a waiver from the applicant regarding submission requirements. • Copv of Deed • Survey: stamped, dated & signed • Fee ZONING STAFF & CONTACT INFORMATION Craig Brown, Zoning Administrator craigb(a~gueensbury.net Keith Oborne, Land Use Planner keithoCa~gueensbury.net Sue Hemingway, Office Specialist (518) 761-8238 Visit our website at www.gueensbury.net for further information and forms. Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238 0 Area Variance Revised June 2009 General Information Tax Parcel ID Number: 295.12-1-3 Zoning District: cz Detailed Description of Project [includes current & proposed use]: Two small building additions which include a service window and prep space. These additions will make the operation much more efficient but will have a mi nnr i mn~Ct 011 the 41tF' Location of project: 1133 State Route 9 Applicant: Name: nd Grill, LLC Address: Queensbury NY 12804 Home Phone Cell: Work Phone Fax E-Mail Agent's Name: ar e on ~ Stewart & Rhodes PC Address: PO Box 2168 Glens Fall Home Phone CeIC: Work Phone - - Fax - - E-mail ~c psr aw.com s @ psr aw.com Owner's Name rea scape eme Park, L.P. Address ueensbury NY 12804 Home Phone Cell Work Phone Fax E-mail NY Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Site Development Data Area'/ Type." Existing sq. ft. Proposed ,:.Additions . ft. Total sq: ft. A. Building footprint 11, 7 3 9 4 4 0 12 , 17 9 B. Detached Garage C. Accessory Structure(s) D. Paved, gravel or other hard surtaced area 70, 104 (440) 69, 664 E. Porches /Decks F. Other G. Total Non-Permeable [AddA-F] 81, 843 81, 843 H. Parcel Area [43,560 sq. ft. /acre] I. Percentage of Impermeable Area of Site [I=G/H] 22.64% 22.64 0 Setback Requirements Area Required Existing Proposed Front [1] 75 54 54 Front [2] NA Shoreline Side Yard [1] 20 min. 50 total 213 213 Side Yard [2] 20 min. 5o total 141 131 Rear Yard [1] 25 810 810 Rear Yard [2] Travel Corridor Height [max] 4 0 less than 2 0 no Change Permeability 3 0 0 7 7.4 0 No. of parking spaces 44 No change Town of Queensbury • Zoning Office • 742 Bay 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 2. If the arcel has revious a Unknown p p pprovals, list application number(s): Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? no 4. Estimated project duration: Start Date 1 l / 11 End Date 3 / 12 5. Estimated total cost of project: $ 6 0 , 0 0 0 6. Total area of land disturbance for project: 700 square feet 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 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 61, 472 s . ft. Existin Floor Area ~ s . ft. see above definition Proposed Additional Floor Area s . ft. Proposed Total Floor Area 12 , 17 9 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 Compliance with Zoning Ordinance Requesting relief from SECTION: Table of Area Requirements and 179-13-010 Need relief from the requirement(s) listed below which can not be met by the project as proposed. (Check all thatapplyJ wetback ^ Buffer Zme ^ Lot Width ®Other Nonconforming Structure 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 the area as it exists is commercial and Martha's has been operating in this location for decades. These changes will allow the operation o e more e icien . 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? No the building is in apre-existing non conforming location with regard to setbacks. Not to mention its construction predates zoning. As a result, any changes to the building would require a variance. 3. Whether the requested area variance is substantial? These request should be deemed minor at best since the actually changes to the structure are modest. (440 square feet) 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No the business is in a commercial area. These changes would improve the business which would in turn provide a positive effect on the conditions of the neighborhood. 5. Whether the alleged difficulty was self-created? No. The building predates the applicable setbacks. 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 stoned SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. A' GENERAL SHOWN ON 1 Title, Name, Address of applicant & person responsible for preparation of drav~ing -SHEET ' 2 Deed Attached 3 North arrow, Tax Map ID, date prepared and scale [minimum 1 In. = 40 ft.] S 1 & S2 4 Boundaries of the property plotted to scale, zoning boundary S 1 & S 2 5 Principal structures, accessory structures with exterior dimensions S1 & S2 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed S 1 & S2 7 Setbacks for all structures and improvements: existing & proposed S 1 & S2 8 Elevations and floor plans of all proposed and affected structures A- 2 . 0 & 2 . ; B, WATER 8 SEWER SHOWN ON 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed SHEET # S 1 & S 2 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site water supply and S1 & S2 se tic 3 Separation distances for proposed sewage disposal system to well and water bodies S 1 & S2 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 a N/A 5 Percolation test location and results N/A C. PARKING /PERMEABLE AREAS SHOWN ON 1 Number of spaces required for project including calculations and justification: existing & proposed SHEET # S 1 & S 2 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 S 1 & S 2 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 , S 1 & S 2 6 Lighting, location and design of all existing and proposed outdoor lighting WAIVER D. ADDITIONAL SITE DEVELOPMENT AND MISCELLANEOUS SHOWN ON 1 On-site & adjacent watercourses, streams, rivers, lake and wetlands SHEET # N/A 2 Utility /energy distribution system [gas, electric, solar, telephone]: existing i~roposed S 1 & S 2 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. 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & ro osed e Signage: Location, size, type, design and setback: existing & proposed f Waiver Request: provide letter v~ith 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 X179-4-0401 1. Tax MaplD 295.12-1-3 CI 2. Zoning Classification 3. Reason for Review: Area Variances being requested Bulk Table and 179-13-010 4. Zoning Section #: 5. Pre-Submission Meeting Notes; Outstanding Item To Be Addressed Include: 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 ~ Yes No Compliance with Zoning Ordinance Checklist items add d ~ es _ ~ eC~U 1 ~ resse Environmental Form completed Yes Y i o N es o Signature Page completed Yes No X9-_5 /~i.J ~~J.i ~ ^~ ~D~Wt c~~7 , .. ~ ~ ~ S ,C~91~~~ ~/~~/Ti~~ Staff Applicant /Agent: / T/ ~ Date: / /~~~~//~ Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238 6 Area Variance Revised June 2009 Signature Page This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant Owner: Great Escape Theme Park L.P. Designates: Lafontaine's Ice Cream and Grill, LLC As agent regarding: x Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Ref nce: 2 9 _ ~~ Book ~-Page ~-Date OWNER SIGNATURE: _L 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: Great Escape Theme Park L. P. Designates: Bartlett Pontiff Stewart & Rhodes P.C. ~ N~ ~,.,~r~~4„~~ As agent regarding: x Variance Site Plan Subdivision For Tax Map No.: 2 9 5 . 12Section 1 Block 3 Lot Deed Reference: Bak Page Date OWNER SIGNATURE: 1),~r~(^~ ~ DATE: z.- tNLirnttK-NV Fee DISCLOSURE` Applicatior~ may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed $ 1,000 without notification to the applicant. 3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner, Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject. properties for the purpose of reviewing the application submitted. 4,1 OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits. 5.) OFFICIAL 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 record of all proceedings. 6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents, will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as-built survey by a licens~and surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy I have read and agree to the above Sign a ~Applic t] Pri t Name [Applicant] Date signed Sint a ent] Print Name [Agent] Date signed ~Ta~t. ~ 4c..~ 1 01- 3 ~ 1 ~ Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238 9 Paorect I.D. NurmEa SEQR ?ART I - PROJECT INFORMATION (To be sponsor) 617.21 Appendix F State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only completed by Applicant or Project 1. APPLICANT/SPONSOR 2. PROJECT NAME LAFONTAINES ICE CREAM AND GRILL, LLC AREA VARIANCE 3. PROJECT LOCATION: WARREN TOWN OF QUEENSBURY COUNTY 4 . PRECISE LOCATION (STREET ADDRESS AND ROAD ZNTERSECTIONS~ PROMINENT LANDMARKS, ETC.. OR PROVIDE MAP) 1133 STATE ROUTE 9 5. IS PROPOSED ACTION: _ NEW EXPANSION X MODIFICATION~ALTERATION 6. DESCRIBE PROJECT BRIEFLY: APPLICANT IS SEEKING TO CREATE AN ADDITION ON THE EXISTING STRUCTURE FOR THE PURPOSE OF 7. AMOUNT OF LAND AFFECTED: INITIALLY S ACRES ULTIMATELY H ACRES 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? _ YES X_ NO IF N0, DESCRIBE BRIEFLY AREA VARIANCES ARE REQUIRED AND SITE PLAN REVIEW 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? RESIDENTIAL INDUSTRIAL X COMMERCIAL AGRICULTURE PARK/FOREST/OPEN SPACE DESCRIBE: THE AREA IS LOCATED ACROSS FROM GREAT ESCAPE. 1O. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? X YES NO IF YES, LIST AGENCY (S) AND PERMIT/APPROVALS WARREN COUNTY PLANNING BOARD 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID A PERMIT OR APPROVAL? _ YES _ No IF YES, LIST AGENCY (S) AND PERMIT~APPROVALS UNKNOWN 12. AS A RESULT OF PROPOSED ACTION, WILL EXISTING PERMIT~APPROVAL REQUIRE MODIFICATIONS? _ YES _ NO UNKNOWN I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPLICANT~SPONSOR NAME: LAFOUNTAINES ICE CREAM AND GRILL, LLC DATE: OCTOBER 13, 2 011 SIGNATURE: JON HAN CAPPER, AS FOR THE APPLICANT ~. If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ~, Part II - ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYC RR, PART 617.12 ? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE FULL EAF. _ YES - NO B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6N YC RR, PART 617.6? IF N0, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED AGENCY. _ YES No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (ANSWERS MAY BE HANDWRITTEN, IF LEGIBLE) C 1. EXISTING AIR QUALITY, SURFACE OR GROUNDWATER QUALITY OR QUANTITY, NOISE LEVELS, EXISTING TRAFFIC PATTERNS, SOLID WASTE PRODUCTION OR DISPOSAL, POTENTIAL FOR EROSION, DRAINAGE OR FLOODING PROBLEMS? EXPLAIN BRIEFLY: C2. AESTHETIC, AGRICULTURAL, ARCHAEOLOGICAL, HISTORIC, OR OTHER NATURAL OR CULTURAL RESOURCES; OR COMMUNITY OR NEIGHBORHOOD CHARACTER? EXPLAIN BRIEFLY: C 3. VEGETATION OR FAUNA, FISH, SHELLFISH OR WILDLIFE SPECIES, SIGNIFICANT HABITATS, OR THREATENED OR ENDANGERED SPECIES? EXPLAIN BRIEFLY: C 4. A COMMUNITY~S EXISTING PLANS OR GOALS AS OFFICIALLY ADOPTED, OR A CHANGE IN USE OR INTENSITY OF USE OF LAND OR OTHER NATURAL RESOURCES? EXPLAIN BRIEFLY. C S. GROWTH, SUBSEQUENT DEVELOPMENT, OR RELATED ACTIVITIES LIKELY TO BE INDUCED BY THE PROPOSED ACTION? EXPLAIN BRIEFLY. C 6. LONG TERM, SHORT TERM, CUMULATIVE, OR OTHER EFFECTS NOT IDENTIFIED IN C 1- CS ? EXPLAIN BRIEFLY. C7. OTHER IMPACTS (INCLUDING CHANGES IN U5E OF EITHER QUANTITY OR TYPE OF ENERGY)? EXPLAIN BRIEFLY. D. 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. _ CHECK THIS BOX IF YOU HAVE IDENTIFIED ONE OR MORE POTENTIALLY LARGE OR SIGNIFICANT ADVERSE IMPACTS WHICH MAY OCCUR. THEN PROCEED DIRECTLY TO THE FULL EAF AND/OR PREPARE A POSITIVE DECLARATION. _ CHECK THIS BOX IF YOU HAVE DETERMINED, BASED ON THE INFORMATION AND ANALYSIS ABOVE AND ANY SUPPORTING DOCUMENTATION, THAT THE PROPOSED ACTION WILL NOT RESULT IN ANY SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS AND PROVIDE ON ATTACHMENTS AS NECESSARY, THE REASONS SUPPORTING THIS DETERMINATION: TOWN OF 4UEENSBURY ZONING BOARD OF APPEALS NAME OF LEAD AGENCY PRINT oR TYPE NAME of RESPONSIBLE OeezceR rN LEAD AGENCY TITLE OF RESPONSIBLE OFFICER SIGNATURE OF RESPONSIBLE OFFICER IN LEAD AGENCY SIGNATORE oe PaeeAxeR (Ie oieeeaeNT FROM ReseoNSxaLe oeelceR) DATE 116t~L5 WARREN 'COUNTY CLERK RECORDING COVER SHEET EMP. INITIALS _.~_ -' ~ m No, of FACES ~/ i ~- ADDTL, F£E •J v ADDTL. NAMES ~_ n INSTRUMENT 6 `~^ TYPE OF DOG. Warranty Deed TOYIN Queensbury TRANSFER TAX AMT. f ~ .~ ~ !/~?/ 417 * MORTGAGE AMT.. ; "" * * MORTGAGE TAX 8 * TRANSFER TAX STAMP * MORTGAGE TAX STAMP * *• ~ RECEIVED p REAL ESTATE ~ a sa~~- c JUL -61999 TRANSFER TAX WARREN COUNTY * _ * * ***k*A**tk*****k******k********k******k***k***********h*******kk**k******************** Please Fili in blanks beiaa before submitting for recording. PARTY OF THE FIRST PART Ro er LaFontaine and Lena LaFontaine PARTY OF THE SECOND PART Great Esca a Theme Park LLC xecoRDED sY: t' ~,,\+CAm ~lZl~t.-~ ~ /l~jl//I11111/ll/llilll/lllll/I/ll//I RETURN T0: ~~M~-~~ ~ RECORDING STAMP ~ ~ (.LAt~cte~ OSN~-~ ~ ~~~I~`l CQl~tf\1,ej ~~ / l.15.r:~:~G; ~G~o f ~~_ / PAGE~U;,!t0 EXAtfIt7ED / C~:,n:i~!t COU!ITY 11. Y. / Ci.RYI. I t. C! ;,:~li. CLEfi:S ~ 99 JUL -6 Ptf 3~ +;0 Upon recording, this page becomes a part of the ~ ~ document (;3.00) / ,.. .+ / / / I , ~. r i j t t WARRANTY DEED THIS INDENTURE, Made the 1st day of July, 1999. K !~- BETWEEN ROGER LaFONTAINE and LENA LaFONTAINE, his N wife, residing at 28 Cedarwood Drive, a Queenebury, New York, ~ Party of the First Part, M and GREAT ESCAPE THEME PARK, LLC, with an office and its principal place of business located at 1172 State Route #9, Queenebury, New York, Party of the Second Part, WITNESSETH: that the party of the first part, in consideration of ONE and 00/100 Dollar ($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, their heirs, successors and assigns forever, ALL THAT PIECE OR PARCEL OF LAND situate, lying and being in the Town of Queenabury, County of Warren, and State of New York, more particularly bounded and described as follows: BEGINNING at a point in the westerly bounds of New York State Highway Route 9, which point is North 34 degrees 49 minutes Weat a distance of 747.27 feet from the southeast corner of lands, now or formerly of Paul Lukaria as shown on a "Map of Agreed upon Boundary Line between the lands of Freibezger and Lukaria", as surveyed by John B. VanDuaen, which map is dated November 12, 1958 and recorded and filed in the Warren County Clerk's Office on June 24, 1959 in Book 387 of Deeds at page 525; running thence South 59 degrees 05 minutes West azd through a large white pine tree 293.03 feet to an iron pipe set in the ground; running thence South 86 degrees 49 minutes West 500.40 feet to an iron pipe set in the ground; running. thence South 49 degrees 03 minutes Weat 65.98 feet to a white birch tree in a fence line; running thence North 87 degrees 53 minutes 30 aPCOnds Weat to a point in the easterly bounds of the lands of the State of New Xork as shown on a "Description and Map for the Appropriation of Property Interstate Route 502-3-2.1", designated Map 177 Parcel No. 242, which map was filed in the Warren County If Clerk's Office on August 3, 1959; running thence North 33 degrees 37 minutes Weat along said easterly bounds of the lands of the State of New York as shown on said map to a point where said boundary intersects the southerly boundary of lands conveyed to the Town of Queenabury by the parties of the first part by deed dated July 6, 1955 and recorded in the Warren County Clerk's Office on July 6, 1955 in Book 344 of deeds at page 115; running thence !-- (magnetic needle April 1954) South 74 degrees 34 minuteB Eaet along ~ the boundary of said lands conveyed to the Town of Queensbury 420 o feat more or less to an iron pipe set in the ground; running thence r*+ North 56 degrees 20 minutes East 533.23 feet to a point in the westerly bounds of New York State Highway Route 9; running thence ~ southerly and along the westerly bounds of New York State Highway Route 9 a distance of 480 feet, more or less to the point or place of beginning. Being the same premises conveyed to the party of the first part by deed made by Carlton Freiberger and Martha Freiberger, dated January i, 1982 and recorded in the Warren County Clerk's Office on April 9, 1982 in Liber 645 of Deeds at Page 757. Subject to a Boundary Line Agreement between Carlton Freiberger and Martha Freiberger with Paul Lukaris dated June 19, 1959 and recorded in the Warren County Clerk's Office on June 24, 2959 in Book 3B7 of Deeds at Page 522. Further subject to covenants or agreements regarding the erection of signs or billboards contained in the following deeds recorded in the Warren County Clerk's Office: Deed dated and recorded August 28, 1943 in Book 255 at page 359; Deed dated May 14, 1996 and recorded May 24, 1946 in Book 238 at page 364; Deed dated June 14, 1951 and recorded June 19, 1951 in Book 300 at page 199; and Deed dated June 15, 1951 and recorded September 11, 1951 in Book 303 at page 128; Subject to any and all covenants, conditions, restrictions and easements of record, if any, affecting said premises. Subject to any state of facts which an accurate survey may ~-' i;•: ~,... E i show. Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises, .- m To have and to hold the premises herein granted unto the party µ of the second part, their heirs, successors and assigns forever. ~ And the party of the first part covenants as follows: m FIRST: That the party of the second party shall quietl enjoy the said premises; y SECOND: That the party of the first part will forever Warrant the title to said premises; THIRD: That the party of the first part, in compliance with Section 13 of the Lien Law, hereby covenants that the party of the first part 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 i cost of the improvement and will apply the same first to the payment of the improvement before I using any part of the total of the same for any other purpose. IN WITNESS WHEREOF, the party of the first part has set his hands and seal this 1st day of July, 1999. ----.~ ,~ ~ ~ / OGER LaFONT INE LENA LaFONTAIN . ~. li . - •.. _ ..sr~ ~ ~ ~ ~ ~ ~ STATH OF NEW YORK COUNTY OF SARATOGA ' on the lat day of July, in the year 1999 before me, the undersigned, a notary public in and for said state, personally appeared ROGER LaFONTAINE and LENA LaFONTAINE, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is {are) subscribed to the within F+ instrument and acknowledged to me that he/she/they executed the ~ same in his/her/their capacity{iee), and that by his/her/their ,.,eN signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. W .ia `~ NOTARY PUB wnnNh M. schwutt: { NoleY PuWk. Suts of NnrMAt OwlifMdln NDtir~ Cowd~t Aet, ~ OtttrMdou Espiru AOt1i0..~ t MR7410 I ~. f ~i ~! i i