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Application
Sign Variance for ZBA October 2011 ~..f _„J" f~ `~~i ~1/ v u Sign Variance Revised June 2009 G~r~eral Information Tax Parcel ID Number: 301.8-1-31.1 Zoning District: rrc Detailed Description of Project [includes a,rrent & proposed use]: Construction of :sign, which will serve practices of Dean M. Bartlett DDS, PC, & Associates and.Whittemore, Dowers & Ricciardelli. Location of project: 333 Aviation Road 2t= Tovm of Queensbury • Zoning Ofa'ice • 742 Bay Road • Queensbury, NY 12804.518-761--8238 898 1. } ,~ ., Sign Variance Revised June 2009 Pre-Submission Conference Form 1'179-4-0401 ` 301.8-1-31.1 1. Tax Map ID 2. Zoning Classification NC 3. Reason for Review: Sign Variaace 4. Zoning Section #: 14 0 - SA 5. Pre-Submission Meeting Notes; Outstanding items To Be Addressed include: Deed ~ Yes No General Information complete Yes No Site Development Data Complete Yes No Setback Requirements Complete Yes No Compliance with Sign Ordinance Yes No Checklist items addressed Yes No Env%nmental Form completed Yes No Signature Page completed Yes No ~~ .~ n Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 1280.51&761-8238 6 TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 S 18-761-8201 September 16, 2011 Michael J. O'Connor Little & O'Connor 19 W. Notre Dame St. P.O. Box 898 Glens Falls, NY 12801 RE: Sunny Crest Properties Tax Map Parcel No: 301.8131.1 Dear Mr. O'Connor: I am writing to you in response to my review of your proposal for a new freestanding sign at the above-referenced property and to document our conversations regarding the same. As discussed, the proposed freestanding signage .for Whittemore, .Down & Ricciardelli (WDR) will require a Sign Variance from our Zoning Board of Appeals. Specifically, the proposed sign does not comply with the Town of Queensbury Sign Code which requires that all services offered on a sign must be available on the property where it is displayed. As your proposed sign for WDR is on the Sunny Crest properties a variance is necessary. I understand that you are preparing the necessary. application >~aterals for this project. Please note our established submittal deadline and pre-submission meeting requirements when pry,paring your papers. 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 Cc: Sunny Crest Properties, LLC L:~Cisig Biown~2011 Ldtees\Denial smmy Crest SV 9_16_1 l.doc "HOME OF 1VATl1EiAL BEAUTY ... A GOOD PLACE TO LIVE" SETTLED 1763 ~, .; .:.~ ~ -- Qer~~ral Information Tax Parcel ID Number: 301. s-1-31.1 ~l i ., , Sign Variance Revised June 2009 Zoning District: xc Detailed Description of Project (tndudes current & proposed use]: Construction of sign, which will serve practices of Dean M. Bartlett DDS, PC, & Associates and.Whittemore, Dowen & Ricciardelli. Location of project: 333 Aviation Road Crest Properties, Y,I,C w 33 Av Michael J. O' CbnnO~ ittle ~ O'Coaaor Attorneys, r `9 ~. lens Notre Falls, Dame St - PO B IJ]C 12801 ;v ~ (518)- 792=8728 (518) 792-6972 - I Same as Applicant Town of Queensbury •:Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 898 1 .~y,~~ , Sign Variance Revised June 2009 Pre-Submission Conference Form X179-4~-0401 1. Tax Map ID 301.8-1-31.1 2. Zoning Classification NC 3. Reason for Review: Sign Variance 4. Zoning Section #: 14 0 - SA 5. Pre-Submission Meeting Notes; Outstanding items To Be Addressed Include: Deed ~ Yes No General Information complete - - Yes No Site Development Data Complete Yes No Setback Requirements Complete Yes No Compliance with Sign Ordinance Yes No Checklist items addressed Yes No Environmental Form completed Yes No Signature Page completed Yes No Town of Queensbury • Zoning Ofaice ~ 742 Bay Road • Queensbury, NY 12804. 518-761-8238 6 LITTLE & O'CONNOR ATTORNEYS, P.C. NINETEEN WEST NOTRE DAME STREET - P.O. BOX 898 GLENS FALLS, NEW YORK 12801-0898 J. DAVID LITTLE MICHAEL J. O'CONNOR ELIZABETH E. LITTLE OF COUNSEL September 15, 2011 *HAND DELIVERED * Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Sign Variance Application Sunny Crest Properties, LLC Dean M. Bartlett DDS, PC, & Associates WDR Certified Public Accountants Dear Board Members: Enclosed, please find the following: AREA CODE 518 TELEPHONE 792-2113 FAX 792-6972 1.) Check payable to the Town of Queensbury, in the amount of $100.00, as payment of the Application Fee; 2.) Original and 14 copies of the Sign Variance Application, with .the following attachments: a. Deed for subject premises b. Copy of proposed signage c. Photo of existing freestanding sign; d. Sign proposals e. Portion of prior site plan showing approval of existing sign location 3.) Fifteen (15) copies of survey showing proposed sign location; and 4.) Fifteen (15) copies of Denial Letter. This is a request to replace the existing sign. Because the original lot on which the existing two structures has been subdivided and aze separately owned, we were told that a variance was required to advertise, by sign on the front lot, the business conducted on the reaz lot. This is a unique circLUnstance, as the main entrance to the reaz lot is from Aviation Road. In fact, by easement, the client pazking for the reaz lot is provided on the front lot. The original site plan requires one way traffic from Aviation Road through to Manor Drive. The signage proposed will comply with setbacks and is smaller than permitted. The sign will be dark green with gold lettering and border. The advertising of the reaz lot on Aviation Road serves two public purposes: WEB SITE: www.littleoconnor.com EMAIL: mjoconnor@littleoconnor.com Zoning Boazd of Appeals September 15, 2011 Re: Sign Variance Application Sunny Crest Properties, LLC Dean M. Bartlett DDS, PC, & Associates WDR Certified Public Accountants Page 2 of 2 1.) For safety purposes, Clients looking for this business on busy Aviation Road will, with ease, be able to find same, as opposed to slowing more than necessary while they try to make sure they aze using the right driveway. 2.) Secondly, it promotes a better traffic flow within the site; Clients of both buildings will enter from .Aviation Road and will exit by using Manor Drive; if Lot 2 changes its signage to Manor Drive and promotes its address as being on Manor Drive, more traffic will be created for Manor Drive, which is essentially residential and will interfere with the one way traffic pattern that is in existence now and which was required as part of the original site plan. This variance will not negatively impact anyone or the community. Yours Very Truly, & O'CONNOR ATTORNEYS, P.C. By: Michael J. MJOC/kml WEB SITE: www.littleoconnor.com EMAIL: mjoconnor@littleoconnor.com ~~ 9 Sign Variance Revised June 2009 SIGN 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 & 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. Incomplete applications will not be considered for placement on anv agenda until all missina 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 Request: any request for a waiver from the applicant regarding submission requirements. • Copv of Deed • Survev: stamped, dated 8~ signed • Fee ZONING STAFF 8c CONTACT INFORMATION Craig Brown, Zoning Administrator craiabCcaaueensburv.net Keith Oborne, Land Use Planner keitho(caaueensburv.net Sue Hemingway, Office Specialist (518) 761-8238 Visit our website at www.aueensburv.net for further information and forms. Town ofi Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804.518-761-8238 ~ 4 Sign Variance Revised June 2009 General Information Tax Parcel ID Number: 301.8-i-31.1 Zoning District: NC Detailed Description of Project [includes current ~ proposed use]: Construction of sign, which will serve practices of Dean M. Bartlett DDS, PC, & Associates and Whittemore, Dowen & Ricciardelli. Location of project: 333 Aviation Road Applicant Name: AtkiC~SS 333 Aviation Road naay Crest Properties, LLC ` n NY 128 4 Home Phone ~ Celf Work Phone Fax. -,~: ; . E-Mail: ~:;~ ,~ a ;: µ . -. ~ ,i ~:; .. ~ Agent's Name: Michael J. O' Connor I~ddCeSS: 9 w. Notre Dame 3t - PO 8 ittla & O'Conaor Attorasys, P C. `• leAB Falls, NY 12801 Home Phone ilk; ~:' Work Phone Eat (518) 792-8728 ~- (518) 792-6972 E-mail ,,.; , s wy:t Owner's Name Ati~ress Same as Applicant ~ ~.; , , ; . , . , t, Home Phone i }°„ ~L .,_ Work.Phone Ea3c` ~' ~ -mail ' f 898 Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804. 518-761-8238 1 Sign Variance Revised June 2009 Site Development Data N/A ~~/ lypp '-: . ~ ~'G.~~wg~n$`.~~,yfV. .. ~., Y.. yr ~ Adt~i ..T~~Il .r7(~.,I1. !: A. Building footprint B. Detached Garage C. Accessory Structure(s) D. Paved, gravel or other hard surfaced area E. Porches /Decks F. Other G. Total Non-Permeable [Add A-F] H. Parcel Area [43,560 sq. ft. /acre] I. Percentage of Impermeable Area of Site [I=G/H] Setback Requirements N/A Area R~c{u~red ,. - Exist[ng~d , , ~~ ~~ ~ °~ ~~~r~oposed ~ ~~ Front [1] Front [2] Shoreline Side Yard [1] Side Yard [2] Rear Yard [1] Rear Yard [2] Travel Corridor Height [max] Permeability No. of parking spaces Town of Queensbury • Zoning Office • 742 bay Road •Queensbury, NY 12804 •518-761-8238 Sign Variance Revised June 2009 Compliance with Sign Ordinance Section(s)thatapply: 140-5A and 140-6B (2) (a)&(b) What signs are you allowed to have? Sign Type How many allowed Square Feet Height Wall 1 5.5 8' 8" Freestanding 1 4 2.6 6 8 ' This application is for a change in the: X Number of Signs: from (currently): 1 to (proposed): Setback for Sign 2 Size of Sign Height of Sign X Other (specify) Sign advertises a business now not located on sign lot . Elevation: If you are proposing to install wall signs, provide a scale drawing of the facade the sign(s) will be located on, with their location shown. If you are proposing more than two (2) signs, the following information must be provided for each sign (please use additional sheets if necessary) Sign Number: 2 (if you are applying for more than one sign) Sign Type Existing Proposed Length Width Total S .feet Height Depth for Pro'ectin Wall X 18" 44" 5.5 8' 8" Freestandin " " Pro'ectin Illuminated Awnin Property Line Setbacks: Front 15 Side 15 Sign Wording: See copy attached. Town of Queensbwy • Zoning Office • 742 Bay Road • Queensbury, NY 12804 •518-761-8238 3 Sign Variance Revised June 2009 The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. 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 sign variance? No -property ownership recently changed - dividing front and rear building - same will not be noticeable. except for names on sign. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to ppursue, other than a sign variance? No - parking and main entrance of rear building is served off Aviation Road. Sig~age on Manor Drive would be more disruptive. 3. Whether the requested sign variance is substantial? No - rear lot owner has deed easements for parking and access oa front lot. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No - simple change of signage. 5. Whether the alleged difficulty was self-created? Yes and no - division of property was not forseea when buildings were bjiilt. Additional Project Information 1. If the parcel has previous approvals, list application number(s): site Plaa 2. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? No 3. Estimated project duration: Start Date 1 week End Date 4. Estimated total cost of project: 53 , 300.00 +/- Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804.518-761-8238 4 N/A Sign Variance Revised June 2009 SubmJttal of a stamaed and sl_gned SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. A. N is S ly ON SH~£~`f ~ 1 Title, Name, Address of applicant & person responsible for preparation of drawing 2 Deed 3 North arrow, Tax Map ID, date prepared and scale [minimum 11n. = 40 ft.] 4 Boundaries of the property plotted to scale, zoning boundary 5 Princpal structures, accessory structures with exterior dimensions 6 Site improvements ind. outdoor storage areas, driveways, parking areas, etc.: existing ~ proposed 7 Setbacks for all structures and improvements: exlstlng ~ proposed 8 Elevations and floor plans of all proposed and affected structures B. ,, ATER & '; `;; :: , t ,. SFtO ON SH R 1 Project sewage disposal faciltties, design details, constnu~fon details, flow rates, and number of bedrooms proposed 2 Water supply [f.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site water supply and se tic 3 Separation distances for proposed sewage disposal system to well and water bodies 4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location, desfgn arxi construction of water su Includin dail water usa e 5 Percolation test location and results C. , ; t?A12KlNCi / PE AREAa . ~2 k~7 ~ ., . S„ _ ( N SH 1 Number of spaces required for project inducting calculations and justification: existing $ proposed 2 No. of existin arki s aces number to be removed, number to maintain and of surfadn material e.., ravel, ved 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 aril proposed], modification to green area, buffer zone to remain undisturbed 6 Lighting, location and design of all existing and proposed outdoor lighting D. At,'° ~ y'ANCf ~',CL °.t. ~. ~ ° .'r ' ~ 8 t)N Sii~1=T ~ 1 ©n-site & adjacent watercourses, streams, rivers, lake and wetlands 2 Utility /energy distribution system [gas, electric, solar, telephone]: existing ,>]_proposed 3 Location, design and construction details of all existing and proposed site improvements inducting: 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 acfivities: existing ~ ro sect 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 CommercaUlndustrial Development requires submission of Landscaping, Stomtwater Management, Grading & Lighting Plans h Identfication 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 • 74Z Bay Road •Queensbury, NY 12804.518-761-8235 Sign Variance Revised June 2009 Pre-Submission Conference Form [179-4-0401 1. Tax MaplD - 301.8-1-31.1 2. Zoning Classification NC 3. Reason for Review: Sign Variance 4. Zoning Section #: 14 0 - 5A 5. Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include: Deed Yes No General Information complete Yes No Site Development Data Complete Yes No Setback Requirements Complete Yes No Compliance with Sign Ordinance Yes No Checklist items addressed Yes No Environmental Form completed Yes No Signature Page completed Yes No ~/~ N.fl~~% ~ vim" ~~' ~-'1~ /'~`ic~i~tl ~t..o~ Town of Queensbury • Zoning Office • 742-Bay Road •Queensbury, NY 12804.518-761-8238 Sign Variance Revised June 2009 14164 f11fYtA-Text 12 • PROJECT I.D. ~~~ et>:2o SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT !SPONSOR 2. PROJECT NAME SUNNY CREST PROPERTIES, LLC SIGN 3. PROJECT LOCATION: Munbipality un WARREN 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 333 AVIATION ROAD - SOUTHEAST CORNER OF PROPERTY B. IS PROPOSED ACTION: New ^ Expansion ^ Modificationlaksratlon 8. DESCRIBE PROJECT BRIEFLY: INSTALL SIGN 7. AMOUNT OF LAND AFFECTED: Initial! 2 0 SO . FT . Bees Ultimste 2 FT . S. WILL PROPOSED ACTION COMPLY WITH IXISTING ZONIPIG OR OTHER EXISTING LAND USE RESTRICTIONS? ^Yse ~No H No, describe brlNly PORTION OF SIGN ADVERTISES BUSINESS NOT ON LOT WHERE SIGN IS S HAS EASEMENT FOR ACCESS & PARKING. 8. WHAT IS PRESENT LAND USE IN VICJNITY O F PROJECT? !11 RRl ^ Reefdentlel ^ Industrial Ip~Commerolal 0 ApHoultun ^ ParWForest/Open space ^ Other Dssaibe: 70. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL . STATE OR LOCAy? ~q ^ Yee ipt No If yes, Ilst a0enoyls- and permlUepprovals t t . DOES ANY A S PECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? tMy t ^Yes tplNo If yes, List aysncy name and permWspproval 12. AS A RESULT ~~OyyFyy PROPOSED ACTION WILL EXISTING PERMn?APPROVAL REOtJiRE MODIFICATION? ^ Yea ai No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BF-B'f OF MY KNOWLEDGE Applicant/eponeor name: SL~1NY CREST PROPERTIES , LLC pate; 9/ /Z 011 Sipnaturs: B If the action is in the Coastal Aroa. and you an a stele agency complete the Coastal Assessment Form before proceeding with thin assessment OVER 1 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804. 518-761-8238 ~ Sign Variance Revised June 2009 PART iI-ENVIRONMENTAL ASSE88Mt7dT (To be completed by Agency) A. l~E$ ACTION EXCEED ANY TYPE 1 THRESHOt.D IN a NVCRR PART 617.4? IT yes, coordinate the rsvlwr process and uN Nte PULL B. WILL ACTION RECEIVE COORDINATED REVIEIM As PROVIDED FOR UNLISTED ACTIONS IN S NYCRR, PART 017.0? If N0. • nepatM declar~tlon may be euperosdsd by another Invohwd apancy. C. COULD ACTION RESULT IN ANY ADVERSE EFFECf8 ASSOCIATED WITH THE FOLLOWING: (Answers may be handwHtlsn, If kplbls) Ct. Exletinp aIr gwilty, surface or groundwater quality or quantity, noise IwNS, ezleUrg trafik pattema, solid waste proWrotkn or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2 Axthetlc eprlculturaL arehaeologkal, historic, or other natural or cultural reeouress; or community or nNghboritood eftareeteR Explain lxNfly: C3. Vegetation a fauna, /lsh, sMll}Ish or wildlife spaclx, slgniTloant habitats, or threatened or endangered apecNS? Explain lKhfly: C4. A cOmmunlly's exlsNng plans o- goals as officially adopted, or a change In ux or IntensltY of use of land o- other natural resourox? ExplaM CS. Growth, subsequent dwelopment, or elated aotivlths likely to. be htduaed by the proposed action? Explain tMely. CO. Long term, short term, cumulattre, w outer sffacts not Identified In C1-C0? Explain briefly. C7. Other Impacts prwluWng chenpx In uw of eflMr quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPAGT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE EST Yx ^ No E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL ^Yx ^NO If Yx, explain briefly PART 111-DETERMINATION OF BdGNIflCANCE (To be completed by Agency) INSTRUCTION& For each ativsnts effect identlfled above, detenntne whether It Ie subatantlal, lops, Important or otherwise sipniflcant. Each effect should be seaweed In connection wkh its (y setting (Le. urban or reran; (b) probability of.occuMnp; (c) duration; (d) ir-svero1bl11tY; (N geographic scope; and (Q mapnittWs. If necessary, add attachments or roferonce supporting matertaia. Ensuro that sxplanaHttns contain sufflolent detail to show that all relevant advsree Impacts have been identlflsd and adequatsy addressed. If gllssUtm D of Part tl was checked yes, the dsterminatlon and signiflcancs must walwte the potential Impact of the proposed action on ttw smlronmental charaCterlatks of the CEA. ^ Check this box if you have Identified one or more potentially large or algnificant adverso 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 sny supporting documentation, that the proposed action WILL NOT result in any signitfcant adverse environmental impacts AND provide on attachments as netxaaary, the reasons supporting this determtnatlon: ame ea Aexcy r nl a ype ame o espons a ear in Lea nqr n e o espons ,car . Tana rc o espona a car m e Y gnature rcparer i went rom respons o car aM Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 •518-761-8238 Sign 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 t3.) 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: s~v+n,~c. ~.., Designates: ~ kc~r, A~ '~~ aC~"l~T~~a(~~.~-R _ , "4 ~( As agent regarding: ~_ Variance Site Plan Subdivision For Tax Map No.: Section Block 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: SCJNrTY CREST PROPERTIES, LLC Designates: MICHAEL J. O' CONNOR, LITTLE & O' CONNOR ATTORNEYS, P. C. As agent regarding: ~_ Variance Site Plan Subdivision For Tax Map No.: 3 O 1.8 Section 1 Block 31.1 Lot Deed Reference: 4260 Book 213 Page 5/25/11Date OWNER SIGNATURE: DATE: 9/ /; 2.) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed $ 1,000 without notification to the applicant. 3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner, Applicant, and his/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.) 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. 5.1 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. 6.1 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. 1 acknowledge that prior to occupying the facilities proposed, I or my agents, will obtain a certificate of occupancy as necessary. 1 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 I have read and agree to the above. SIINNY CRSSIT PROPERTIES, LLC 9!~'f'~2011 Signature Applic nt] PrinNam~ [A~plican~ Dates ned ffiI L CONK r.SmTL•8 & O ~ CONNOR ATTOlZi?RYC , p , C . 9 ~ 2 O 11 Sign ~re [A~~ t] ~~ ,, \~ __ Print Name [Agent] Date signed ~i' " Town df Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 •518-761-8238 9 WARREN COUNTY PAMELA J. VOGEL . [7rOCtl1"IEhIT'~ Q . counlnr cLERl1'o~.u~tE = O~U~39Q9 ~~~o tya~~ : ~ ~ 3, Lake George, NY 12843, . ; . ,. .. w z m ~ Vdm-4260 Pg-213.: ` . ''... , .. , Instrument Number: 2011-00003908 As. Recorded On: May 26, 2011 Deed Commercial or Vacant . Parties: EXECIIriVE PARK WEST LLC To SUNNY CREST PROPERTIES LLC Billable Pages: 3' Recorded By: COMMUNITY TITLE Num or Pages: a Comment: '"' Examined and Charged as Follows: ** Dead Commerdai or Vacant 6b.00 Cover Page 3.OD RP-6217 Commercial 250.00 TP~S&t 5.00 Recording Charge: 315.00 Consideration Amount Amount RS#/CS# TreraferTax 4,400.00 1,100,000.00 TT 1874 Basic 0.00 QUEIcN38URY . local 0.00 Spadai A~ddl0onal 0.00 Additlorral 0.00 Transfer 4,400.00 Tax Charge: 4~~00.00 REGORGED Counky Gterkc fbfice ~~ ~ ?br20f.1 12e46F Paela J. t?a9s1 Narrart Cntxita 'Clem: "" TH13 PAGE IS PART OF THE INSTRUMENT ** 1 hereby certify that the within and foregoing was recorded 1n the Clerk's Office For. WARREN COUNTY, NY File Information: Record and Retum To: Document Number: 2011- 00003909 BARTLETT PONTIFF ET AL Receipt Number: 212800 1 WASHINGTON ST Recorded Date/Time: May 26, 2011 12:46:OOP GLENS FALLS NY 12801 Book-VoUPg: Bk-RP VI-42fi0 Pg-213 Cashier l Staton: J Ross l Cash Station 2 -, • Q 13~UHEHtT OC1~O~C139t7~F VO#,.U!'fE = 42bK1 PAGE : 214 9~i ~~ WARRANTY DEED with Lien Covenant •34~~. THIS INDENTURE, made this day of May, Two Thousand Eleven, 1 {~~~~ BETWEEN EXECUTIVE PARK WEST, LLC, a New York Limited Liability Company, with offices at 333 Aviation Road, Queensbury, New York 12804, party of the first part, and ~-~ SUNNY CREST PROPERTIES, LLC, a New York Limited Liability Company, with offices at 500 . ~''~ ~r. Glen Street, Glens Falls, New York 12801 ~0 .t/ ,party ofthe second part, . ~: ~ i ~~ WITNESSETH that the. party of the first pan; in consideration of ONE DOLLAR (1.00) lawful ~ mone of the United States, and other and valuable consideration d b the y good pal y party of tlye second part, does hereby grant and release unto the parry of the second part, its successors and assigns forever, ALL TEAT PIECE OR PARCEL OF 1GAND situate, lying and being in the Town of Quccnsbury, County of Warren, State of New York, more particularly bounded and described as follows: BEGINNING at a point in the north boundary of Aviation Road, which point is marked by a nail and ' is the southwest corner of lands now or formerly owned by Mountainview Commons, LLC; running thence along the northerly boundary of Aviation Road on a course N58°-30'-30"W, a distance of 196.03 feet to a '`'~ point marked by a drill hole in concrete; running thence along the easterly boundary of lands now or former[y ~, owned by Michael Breda on a course N31 =24'-00"E, a distance of 222A0 feet to a point; running thence ~, through the lands of the party of the first part on a course S58°-36'-OOE, a distance of 196A3 feet to a poirn in R'' the easterl}~ boundary of premises of the patty of the first part; running thence along the westerly boundary of ~' premises now or formerly of Mountainview Commons, LLC on a course S31°-24'-00"W, a distance of 22231 • s ;,, o feet to the point or place of beginning, being in the northerly boundary of Aviation Road. c:. r.r. .- ~` ~ EXCEPTING AND RESERVING from the above described premises, anon-exclusive permanent rW: easement over and across the existing driveway running from Aviation Road to the northerl} boundary of the above premises being herein conveyed. Said easement will be over the existing Driveway and through the ~ ~existin A halt Parkin as said Drive and A halt Parkin ere shown on a ma entitled "Ma of a ~ ~ r~ 8 sP ~ ~y sP g P P ~ ~-Survey made for Executive Park West, LLC", prepared by Va~F Dustin & Steves Land Surveyors,' dated '~~ ~'nNovember 12, 2010, last revised January 12, 2011, and filed in the Watnm County Clerk's Ofl•(ce on March 1, ' 20 t •1, as Map No.: 03000036..Plat C-234. THE purpose of this easement is for permitting ingress and egress of persons, bicycles and motor vehicles from Aviation Road over Lot. l (as said Lot is shown on the above referred map) to Lot 2 and to parking that is or will be provided on Lot 2 for occupants of Lot 2. There arc approximately l 1 parking stalls that adoin the common boundary of Lot 1 and Lot 2, with it being envisioned that they will be accessed by vehicles through the Asphalt Parking, shov~~n on the above referred map, with users being able to back into the: area of the. Asphalt Parking when exiting, additional parking for Lot 2 may be established to the east of the existing building on Lot 2 and that may also be accessed through Lot 1. TOGETHER with anon-exclusive permanent easement running southerly from Manor Drive to the northerly boundary of the above premises being herein conveyed. Said easement will be over the existing driveway, shown on the above referred to map. The purposes of this easement is for permitting ingress and egress of persons, bicycles and motor vehicles from Manor Drive over Lot 2 (as said Lot is shown on the above referred map) to Lot l .1t is the intent of the parties hereto that either party will be able to pass through Lots 1 and 2 on the existing Driveways and Asphalt Parking Lot from and to Manor Drive and Aviation Road. +~rr~ a o~ mss, ~:c, 19 UVEST NOIRE DANE STREET- PA. BOX 898 GLENS FALLS, NY 12801 TEL (618) 762-2119 a WTI'H regard to the above described drivev`~ay easements, the parry of the fast part herein and the. party ofthe second part hcrcin, for themselves, their successors and assigns; do hereby covenant and agree as follows: I.) Each party may reasonably use the driveway easements and drive lanesJaisles within. the Asphalt Parking Lot for ingress and egress and will -not unreasonably interfere with the right of ingress or . egress ofthe other party, specifically, but not limited to; the following: The party ofthe second part will set up ; . the parking on the "Asphalt Parking", so that a 20 ft. wide drive lane shall run adjacent and parapet to the south boundary of Lot 2. , 2.} The party of the second part herein, its successors and assigns, will be responsible to maintain . said Driveways and Asphalt Parking, as shown on the above referred map, including snovy removal and maintenance of existing lighting (including those shown on both Lot 1 and Lot 2). ).f the party of the second part herein, its successors and/or assigns fail to maintain the driveway and asphalt parking lot, the party ofthe. first part, on 24 hours written notice, may make the necessary repairs and the party of the second part shall then reimburse the party of the first partforseventy-five percent (75°/a) ofthe cost thereof within 30 da3~s. 3.) The party of the first part will pay twenty-fcve percent {25%) of all said maintenance,: including snow removal, repair costs and lighting costs. The party ofthe second part will provide copies of all invoices or billing statements for same and the party ofthe first part will pay its 25% share to the party of the.. second part, within fifteen (l S) days of receipt ofthe invoice or billing statement. 4.) Liability for any costs of repairs for damages caused to the Driveways or Asphalt Parking by either party herein, their Tenants, Guests, Licensees or Invitees, shall be borne by that party. 5.) Each Lot Owner wit] carry a minimum public liability policy for liability for personal injury, death er property damage to persons using the above Driveways and Asphalt Parking and will have the Owner ofthe other Lot as a named insured on their policy, with a minimum coverage of $1,000,000.00. per person, $2,000,000.00 per incident. Each Lot Owner will provide a Certificate evidencing said coverage within fifteen { I S) days of each January l a. SUBJECT to easements and restrictions of record, '~' BEING a portion the premises conveyed to Executive Park West, LLC, by deed from William W. Maine, dated October 29, 2404, which decd was recorded in the Warren County Clerk's Office on November 1, 2004 in Book 1414 of Deeds at Page 294. TOGETHER with the appurtenances and all the estate and rights of the party ofthe fast 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 ofthe fast part covenants as follows: FIRST, That the party ofthe second part shall quietly enjoy the said premises; SECOND, That said party ofthe first part will forever warrant the title to said premises. L1~TLEdi Q'cOMNORATFDRNE1f9•, P£. 19 WEST NOIRE DAME STREET- P.O. BOX 898 GLENS FALLS, NY 12901 T'EL (519) 792.2113 'S E ~ +, ` <" 1f1 ~~ ~ ~ ~ D~ClCUMEl+1T~ 4i0O~390'~ $ , ~tOLUME a 4280! ~filGE Q ~ 1 fi T1E1<IRD, That, in compliance with Section 13 of the Lien Law, the Grantor will receive the '~~~, ° consideration for this conveyance and will hold the right to receive such consideration as a mist fund to be ~ 1 ,lF~ ~' applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. .~; .' ~, ,'~ - 1pY WITNESS WHEREOF, the party of the first part has hereunto set its hand and seal the day and r, year first above written. ~~~ . px~ IN PRESENCE OF EXE PARK WEST, LLC C:1 ~~^ ~, sy: ' ~ Phillip ittemore, Member ~ ' SUNNY CREST PROPERTIES, LLC ~, B y: ~~ Marilyn L. artlett, Sole Member N~~l STATE OF NEW YORK ) ~ )SS.: `~ `~ ~~3 COUNTY OF WARREN ) .~ i' ~° ~«~a ~r„ "` ' On the ~ da~• of May, in the year 2011, before my the unders' ,personal 4 ~ ~_ , ~ ~d ly appeared 1PHILLIP [G ~~~;,~ WHITTEMORE, personally known to me or proved tome on the basis of satisfactory evidence to bo the individual whose ~~~ r~ ~ _ ~ name is subscribed to the within amstrument and acknowledged to me that helshe executed the same in his/her capacity, and fry f by ?~is/her signature on the instrumept, the individual, or the person upon behalf of which the individual acted, executed ..: ~`rt~'~' ~ strument. _ ~~ r„1 r [ h A e I J- D' Co nv+ ot- . Notary Public ~ ~~ ~QJWM. STATE OF NEW YORK ) )SS.. COUNTY OF WARREN .~ ) On the ~~" day of May, in the year 20l ], beforo me, the undersigned, personally appeared MARILYN L, BARTLETT, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose na scn the within instrument and acknowledged to me that he>`she executed the same in hisilier capacity, and that tore n the instrument, the individual, or tho person upon behalf of which the individual acted, executed the e No Public P:,TRl~l.4 E. ~.:"•TKINS My ppnmiscton 2x;'^S~'~tCif~r. aa~.~ J 4754 89t~-EQBZ! JW'sll.3 ~~19 ~s«~$ Boa '~d `S~CTCIiIi'8 1~l1~~31.~'~~li~ECJd 't:L• i1~!'dl~ txrnE~ o~caarlotraTTORlvers mac. 1 a WEST NOTRE DAME STREET - a.o. sox ese GLENS FALLS, HY 12801 TEL (578) 762-2113 Record d Return to: Little dE nno orneys, P.C. PO Box 898 Glenn~F g~, ANY 1 P ~; . y~ i -T Y ~ yf . a v n f~ ~~T' ~t., r r O-. { nN d # d 6 < ~ ~ ~ t o N ~ N r { ~r ~ ~..~ o~ ~ v c - t+ tv a9D A { '°r ~- t N (~ d ~'~ ~ ~ Iy yy ;~~~ rr~^ F ~ n a w at'n r . #+~~ ~ `.1.`. Y. 'r~ ~"fr ~t 1 i.. ~. ~ y~- _ ~ ~ c z ~ ¢ J .r~~ ~3 .~ to ~ ~ , C S~aa g 1 Y...~ D n ~ ~ o t ~~ ,~ 1 > ~ ~ ~(D • o~n r .. ~ 1 f a~ax a f~ ' ~.. t ~;. t~F ~~yr~ r r.,t~ # ~. ~+.( ~ ' J c °a y ~ o ~ ~ ~ ~. t ..-i5crr ~ ~ ' ' ~„~' 3~y 34 ~ Y z ~::u t '.. f~rr ".i4 ',~~f~s~.. ~,r S."l a Z ~ ~>s t.y.;, -~ t : {,~1 s ~ ~! .f'~ ~°T Yp 1 rp eYw a ; *L {~ ~ 1 z c P 7 -. ~ ~ 4 'bbl _ ~ ~, ~ t ~t 1 i m ~ L =t ~r J ' ~ ~ ~µ ~' f {~k T r ~ ~ ~} m a ~2 Y F Y ~ 4 «' C r ~~ Q ~~~ ~','~"/ ,~; - ~ ', 1 .~ tai i > ~ ~ yw ti ~ ,~ 1e l.~ ~~~ :~. 5.. I i r 1 ~ ~_ H~~Z~ }mss:. .. ......b CUSTOM SIGNS a div. of The Wheeler Art Group Inc. 16 Richardson Street Queensbury, NY 12804 phone/fax: 518-793-2620 www.wheelersigns.com Client: Dean M. Bartlett, DDS, PC & Associates Attn: Dean Bartlett, DDS Date: July 20, 2011 Price quote good for 30 days from date One 35" x 96" double faced sign, constructed from 2" HDU, high density urethane. All lettering will be done in high performance vinyl, colors to be determined. The sign will mount to two 4" x 4" x 12' painted cedar posts. $1385.00 ( Additional option: Gold leafed routed borders -add $850.00 to above price) One 18" x 44" single faced sign far over door from parking lot. The sign will be constructed from 2" HDU and all lettering will be done in high performance vinyl. $ 565.00 On site installation of new posts and signs and removal of old posts & sign: $ 140.00 Town of Queensbury sign permit fee: $ 67.50 Staff time to obtain permit: $ 37.50 Subtotal: $2195.00 7% Sales Tax: 153.65 Total: $2348.65 50% Deposit Required: (1200.00) Balance due upon Completion: $1148.65 Terms: One copy of this contract, signed by the purchaser, must be received along with the required deposit before any work is started. Charges for changes made to the order by the client, after signing this contract, will be added to the final invoice. The balance is due upon completion. An 18% annual rate will be applied to any past due balances. The following forms of payment are accepted: Cash, checks payable to K.D. Wheeler Custom Signs or V~a Accepted by: Date: ~ ~H~~L.~ CUSTOM SIGNS a div. of The Wheeler Art Group Inc. 16 Richardson Street Queensbury, NY 12804 phone/fax: 518-793-2620 www.wheelersigns.com Client: WDR CPAs & Financial Services Attn: Paul Dowen Date: July 20, 2011 Price quote good for 30 days from date One 29" x 96" double faced sign, constructed from 2" HDU, high density urethane. All lettering will be done in high performance vinyl, colors to be determined. The sign will mount between two 4" x 4" x 12' painted cedar posts. $865.00 ( Additional option: Gold leafed routed borders -add $850.00 to the above price) On site installation of new pasts and signs and removal of old sign and old posts: $140.00 Town of Queensbury sign permit fee: $ 67.50 Staff time to obtain permit: $ 37.50 Subtotal: $1110.00 7% Sales Tax: 77.70 Total: $1187.70 50% Deposit Required: ( 550.00) Balance due upon Completion: $ 637.70 Terms: One copy of this contract, signed by the purchaser, must be received along with the required deposit before any work is started. Charges for changes made Eo the order by the client, after signing this contract, will be added to the final invoice. The balance is due upon completion. An 18% annual rate will be applied to any past due balances. The following forms of payment are accepted: Cash, checks payable to K.D. Wheeler Custom Signs or y~~ Accepted by: Date: JERAL NOTES M ON THIS DRAWING IS TAKEN FROM 3 PREPARED 8Y VAN DUSEN OF SIEVES. LEGEND - - - - PROPERTY LINE --------- PROPERTY LINE SETBACKS - c - UNDERGROUND ELECTRIC SERVICE _________ SANITARY SEWER -- • WATER SERVICE . EDGE OF PAVEMENT . POLE MOUNTED SITE LIGHT FlXTURE WALL MOUNTED SITE LIGHT FlXTURE _DEgDUOUS TREE PRUNE BACK 1/4 ON 51TE;; SPRAY 1MTH ANTIDESSICANT ACCORDING TO MANUFACTURERS IF FOLIAGE IS PRESENT. QOUBLE STRAND OF 1O GA. GALV. WIRE TIMSTED FOR SUPPORT ~2-1/2"4 - 1O' LONG END {7' EXPOSED}i2 PER ~ TREE FOLD BURLAP BAdC FROM TOP OF BALL TURNBUCKLE 3" MULCH ~ 4" SOIL SAUCER 2"X4"X3'-O" STAKE DRIVFW FLUSH WITH i I-~ :~ flNISHED GRADE 8" MIN. BAIL DIA#IETFR IQ DETAILS TREES AND SHRUBS --, ~r~rir~ { 2 REVISED IN RESPONSE TO PLANNING BOARD REVIEW 1 FEI;. 2005 1 REVISED DV RESPONSE TO PIANNING BOARD REVIEW 2 DEC. 2004 0 ISSUED FOR PLANNING BOARD REVIEW 14 OCT. 2004 No. DESCRIPTION DATE REVISIONS , W ,; o N s ~ 3 I r- y, z H 7d ~„~. ~ ~ _~~ W s o~~- t~~,,.,., ~ ~ f ~ i a~Z~i }~S /U'~/ ~ r I v + ~ ~~N ~d~ . . . Q ~ i ~ ~ O 3 J 3 ~ ~ N WUF ,[ Cs _ O F iY ~ z ~~ i v o~ __ ~v° m '~~~ ~~ U onto'' ~ ~ ~ q~o~ 5 o d a c. ~ °r~ u i ~ ~ ~ ~ Z ~a o ~ ~~ ~ u F ~ Z~ ti/ ° c o ~ ~, ~ _ a ~ v OAS o NO 00~ O Q: W t0 !n > t~ W WORK IS TO BE AS SHOWN & NOTED AND IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS, TRADE ASSOCIATION PUBLISHED RECOMMENDATIONS AND GENERALLY ACCEPTED LOCAL CONSTRUCTION INDUSTRY PRACTICES. I ~~ Ff >~ . n n v i 0 N ~. rt rr 0 o. ~. a rd 0 T (D Q 0 v O A rv .~ 0 0 ~, 7C w k :.. k ..~. ~'~ z. I. ~~ . 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