Application TOWN OF QUEENSBURY
(Z)w
742 Bay Road, Queensbury, NY. 12804-5902
October 29, 2018
Mefissa Freebe>rn
307 State Route 8
North Creek,NY 12853
Fie: ADA Compliant Handicap Ramp
Artisan Ink, 98 State Route
Tax Map Parcel: 2.96,13-1-14
Dear Ms. Freebern:
I am writing you with regards to the above-referenced project and as a follow up on your
recent conversations with Laura Moore of my office.
I 1,i>7derstand your project to include the removal of an existing porch and lift and
construction of a handicap ramp at the property referenced above.
Based on my review of your proposal it is my determination that an Area Variance will
be required in order for you to proceed with your project as planned. Specifically, your
project offers the construction of an accessory structure that does not meet the minimum
front setback requirement for the CM zoning district. Site Plan Review by the Planning
Board is also required as your current proposal constitutes a modification to a previously
approved site plan from the year 2009 by a previous owner. (Our File Site Plan 8- 009
Timpano)
This letter serves as the nccessory denial letter in the processing of your applications.
Should you have any further questions or comments, please do not hesitate to contact me.
Sincerely,
Town of Queensbury
cl/�)
Craig Brox n
Zoning Administrator
131sh
L1Crbig arownt 2019 LemerslDenoal Fr&+em 10_29_1S_doc
" ROP1ee (?f Natural ral Beauty _., A Good PInce to Live "
SP 28-0 Tlrnpano_102009
RESOLUTION APPROVING SITE PLAN 28-2009 EUG ENE TIMPANO
1) A site plan application has been, made to the Queensbury Planning Board for the following. Applicant
{ reposes conversion of a residential rental to use as an ice Cream Shop. Proposal includes new parking
configuration and new access deck with handicap lift- New Restaurants in an HC-MOD zone are are
ally"red use subject to Planning Board n2viewv and approval.
2) A public hearing was advertised and held on 6/16/09, 8/18/09 & 10/20/09; and
3) This application is supported with ail documentation, public cor ruin nt and application material in the
file of record;
4) MOTION TO APPROVE SITE PLAN NO- 28-2009 EUGENE TIMPANO, Introduced by Gretchen Steffan who
move-d for its adoption, seconded by Donald Krebs:
According to the resolution prepared by Staff, Paragraph Four, we approve, Paragraph Four A
complies. Paragraph Four G, we have granted waivers for storm ater management and grading,
A. Pursuant to relevant sections of the Town of Queer,sbury Zoning Code [Chapter 179], the Planning Board has
determined that this proposal comoli-e with the requirements as stated in the Zoning Code; and
B- Type A, therefore, no further SEQRA review Is necessary; and
C. Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development
Department before any further review by the Zoning Administrator or Building and Codes pefsonnel, The
applicant must meet with Staff after approval and prior to Issuance of Building permit and/or the beginning of-any
site work. Subsequent issuance of further permits, including building permits is dependent on compliance with
this and all other conditions of this resolution: and
D- As-buift plans to certify that the site plan is developed according to the approved plans to be provided rp Iar to
issuance of the certificate of occupancy; and
E. If applicable, Item d to be combined with a letter of credit; and
F. The Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval,
permitting and inspection; and
G. Waiver requests granted- storrnwater management and grading,
H- The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed around
these areas and field verified by Community Development staff
I- Engineering sign-off required prior to signature of Zoning ,administrator,
j, The applicant shaJI submit a copy of a NOI INotice of Intent] SWPPP [Stormwater Pollution Prevention Plan) & NOT
[Notice of Termination] • see staff
K. This is approved with the following condition;
1 . That no business shall be conducted through the take out window as site parking does not support this type
of retail activity-
Duty adopted this 20'" day of October, 2009, by the following vote:
AYES: Mr. Seguljic, Mr. Ford, tubs- Steffan, Mr. Traver, Mr. Krebs, Mr. Sipp, Mr- Hunsinger
NOES; NONE
TOWN OF QUEENSBURY
742 Ray Road, Quee?aslrury, NY. 128O4-5902
October 18,2018
Melissa Freebern
3037 Mate Route 8
North Creek, NY 12953
Re: Survey-Waiver bequest for Area Variance
Melissa Freebern d Wa Artisan Ink
Project Location: 929 State haute 9
Project Tax Map No. 29 .13-1-14
Dear Ms. Freeborn:
1 am writing you with regards to your requested survey-waiver for your proposed Area Variance
project located at 928 State Route 9. Chairman Harrison Freer has approved your waiver request.
Your Area Variance application is scheduled for review by the Zoning Board of Appeals during
the month of November 2019, A Meeting-Date notice letter and agenda will be sent to you under
separate cover.
Should you have any questions or comments regarding your application, please do not hesitate to
contact this office.
since 1 ,
Craig Brown
Zoning Administrator
Blsh
c: Laura Moore, Land Use Planner
LACraig Brown12018 Letusl aivrr Ftcebem Artisan Fnk IO 19 1Moo
"Horne of Natural Beaiify ... A Goad Placa to Live "
(Z)w TOWN OF QUE-ENSBURY
742 Boy Rcrrzd, Queffrrsbirry, NY. 12804-5902
MEMORANDUM
TO: Zoning Board of Appeals Chairman
Harrison Freer
FROM: Laura Moore, Land Use Planner
RE: Request for Survey-Waver
Area Variance 70-2018
Melissa Freebern f Artisan #nk
928 State Roue 9
DATE: October 27,2018
Chairman Freer:
Please find attached to this memo an Area Variance applicatron submitted by Melissa Free bern for
review her proposed project at 928 Mate Route 9 during the month of hNovember 2018. A letter is
included in the application package requesting a survey-waiver.
Indicate be low whether you approve or deny this request; noting any conditions. Also initial or sign next
to your decision.
Thank you.
Approved byChairrnan Freei 1��"
Denied by Chairman Freer
With Condit€on:
" Home of Natural Beauty — A Goad Place fo Live "
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General Information
Tax Parce3 ID plumber. ` 1 � ( '�' � " � 4k �
Zoning District: C tv\ _ 10W JCF4 U TE.
UFO1 URY
P1_AN a
Detailed Description of Project [include current&proposed use):
Current Use: h
Proposed Use: 1CL AbR
Location of Proj"t,
Applicant Name: Mailing Address
Home Phone City, State,Zip
Work Phone Cel I Phone
E-mail: FAX No,
0j)
Ageat'aName- Mailing Address
Home Phone f City,State,Zip
Work phone Cell Phone
E-mail FAX No.
OwneiOs Name Mai Address
Home Phone City, State, Zip
Work Phone Cell Phone
E-mail FAX N(o'
S U RWEY -WAIVER
REQUESTED
Area Variance Z-AV-I0- 018
Melissa Freeb rn Artisan Ink
8 State Route 9 Sweet Rd.
Area Variance. [ZRA approved: September 21 2016]
Site Development Data
Area 1 Type Existing sq.ft. Proopowd Total sq. ft,
Additions . ft. f
A. Building footprint I
B. Detached Garage y
C. Accessory Structure(s)
D. Paved,gravel or other hard surfaced area o 9 "3 c5cn q r7
E. Parches/Decks�'eC-�[ CC (N r f)
F. Other
0. Total Non-Permeable [Add A-F] � � � -7 C 0
H. Parcel Area [43,360 sq.ff.1 acre] r #
i- Percentage of Impermeable Area of Site [l= 1H] J ^
- Setback Requirements
Area required Existing Proposed
Front Yard [11
. l U(�
Front Yard [2]
J � . [
Shoreline
Side Yard [1]
Side Yard [ ]
�
Height(maximum) 4
Permeability
Number of parking spaces
Page 2
Area Variance [ZBA approved: September 21 M16]
Additional Project Information
1. Will the proposal require a Septic Variance from the Town Board of Health? 0
2. If the parcel has previous approvals,Iist application number(s): —
3. Does this project require coverage under the New fork State Pollutant Discharge El irninatiom System(SPDES)PeMit
Program? _Yes L No ��
4. Estimated project duration: Start Date: End Date:
5. Estimated total cost of project: (4 6W. n
6. Total area of land disturbance for project: � � � 5�
Floor Area Ratio Workshc
FLOOR AREA RATIO (FAR) --The relationship of building size to lot size, derived by dividing the total wilding floor
area by the lot size in square feet,}Melding a percentage.
Zoning District Symbol Floor Area Ratio [FAR]
Waterfront Residential VVR 0.22
Commercial Moderate f Commercial CM I Cl 03
Intensive
A. The combined area of all square footage, as measure from exterior walls of all structures on ft property, including all
floors of the structores, 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 flocks 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 surn total of all floor areas of the principal and accessory bui ldings or structures
on the project site.
Parcel Area 7 Y9. v {osq. ft.
Existing Flour Area 6 Cr sq, ft. see above definition
Proposed Additional Flour Area 0 s .ft.
Propmd Total Floor Area s .ft.
Total Allowable Floor Area Area x see above table
Page 3
Area Valian0e [ZBA appraved: 'ep umbcr2l N16]
ompliance with Zoning Ordinance
Requesting relief from SECTION- r CJO[ [ -
Need relief from the requirement(s)listed below wlrich can not be rrlet by the project as proposed,
[ hack all that apply]AS etback ❑ Buffer Zorn ❑Lot Width ❑Other
The foltowing questions reflect the criter[a for granting this type of v r[anee, 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?
. Whether the benefit sought by the applicant can be achieved by Borne method, feasible for the applicant
to pursue, other than an area variance?
s 1-�d ' r r re-e, a Je -h'inr V,l L][ V)5 cz,
3. Whether the requested area variance is substantial?
4. Whether the proposed variance will knave an adverse, effect or impact on the physical or environmental
conditions in the neighborhood or district?
5. Whether the alleged difficulty was self-created?
Page 4
Area Variance [zBAappmw(A: saptember21 n161
Section 179-14-030—Application materials
Application materials and site plan drawing is to include sufficient information far the Board to review and provide a decision. The
applicant is to provide a site plan drawing(s)—a survey showing existing conditions,a proposed conditions map(see page 00 for
specific criteria)and include any other attachments that address A-D as appli mble to the proposed project.
A. General Shown on Sheet#
1 I Title,Name,Address ofapplicant 8 person responsible for preparation of drawingf [
r2 Deed
3" North arrow,Tax Ma 1D,date and scale minsntum.- 1 inch=40 feet
4 Boundaries of the rp lotted to scale zoning boundary
5 Principal structures,accessorystructures with exterior dimensions
6 Site improvements incl. outdoor storage areas,driveways, parking areas,etc.: existing
proposed
7 Sethnks for all structures and improvements: existipro osed
S Elevations and floor plaris of all proposed and affected structures
B. Water&Sewer qhomqi on Sheet#
1 Project sewage disposal facilities,design details,construction details,flow rates, and number of
bedrooms propcLwd
Water supply [i.e.well] &septic on adjoining lots with separation distances to existing or t.
proposed on-site water supply and 8eptic
3 Separation distances for proposed sewage disposal systcra to well and water bodies Al
4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private
water, location design and construction of water supply includin Bail water us
5 Percolation test location and results
Parkin /Permeable Areas Shown on Sheaf#
1 Number of spaces required for project including calculations and justification: existing&
propose
2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing
material e.
3 Provision for pedest ian and handicap access and kin : existing Rc proposed
4 DeFign details of ingress, loading areas and cuffs - existing proposed
5 Location and character of green areas [existing and proposed], modification to green area,buffer
zone to remain undisturbed
G Lighting, location and desip of all existing and proposed outdoor HgMng
D. Additional Site Develo ent and Miscellanec us Shown on Sheet#
1 On-site &adjacent watffwurses,streams, rivers, lake and wetlands
2 utility!energy distributions stem ,electric,solar,te1 hone : existing&proposed
3 Location,design and construction details of all existing and proposed site improvements
includin : drW ns,culverts,retaining walls, fences, fire& merpnqy zones and h dean etc.
4 Square footage ofbldg.area proposed for office,manufacturing, retail sales or other commercial
activities- existing 8c pTp2sed
5 Si rya e. Location size e, design and setback: exisfin&proposed
5 Waiver Request: provide letter with application requesting any waivers. please reference �
s cife items
7 Commercial f industrial Development requires submission of Landscaping, Storm water
Mans ment,Grading&Lighting Plans
8 Identification of Federal, State or County permits required for the project together with arecord
of application for all neeespermits
Page 5
AIra Variance [Z13Aapprowod= Seplember21 20161
Pre-Stibmissfon COnference Fonn!Seaton 179-9-M
1. Applicant Name: rY' f -r
2. Tax Map ID [ Location:
I Zoning CIam4fication /
4. Reason for Review: C2 ` � i7 - 4� l p
5. Zoning Section #: 4 O v aI .
6. Pre-Submission Meeting Nem: Provided Outstanding; Please provide by
Deed
General Information complete t
Site Developmi�nt Data Complete
Setback Requiremenn,Complete !
Additional Project Information Complete 117
FAR addressed E:;"
Compliance with Zoning Ordinance
Checklist items addressed
Environmental Form completed lid!
Signature Page completed
ko
y'
' f f.t rt o
4
C [' r f I t - a '4
[ e r, t r i r fig+ 5 '{
4' f,!LuA if "I r.
Y
: //top
Staff Representative-, L)q / v
Applicant/Agent: oj Date; f
Page 6
Area Variance [nAappmved: Septunber21 N16]
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.)Mcial Meeding Discksure and L)Agreement tq 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, m Agent regarding the fol lowing;
Variance Site Plan Subdivision
For Tax Map No,- Deed Reference: Book Page Date
O'4 NERSIGNATI RE. DATE:
APPUCA Tf'S AGENT FOR-11: Complete the following it the APPLICANT is unable to attend the
mee6rkg or wishes to be reprewoed by smother party:
Owner:
Designates: as Agent regard ing the fol lowing:
Variance Site Plan Subdivision
For Tax Map Igo.;_ Deed Deference: Book Page:Date
OWNER SIGNATURE, DATE,
2.1 ENGINEERYNG FEE DISCLOSURE: Applications may be rehrred 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 he
charged ectly to the applicant. Fees fur engineering review will not exoacd $ I,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)herehereby authorize the Zoning Board or Planning Board and Town Staff to enter the subioot
properties for the purpose of reviewing the application subm itted.
4.) OTHER PERMIT kESPONSIBILITIES, 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 MRETING 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 REOLTI tED: 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
sUt wmentldescnption 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 Uwe may be required to provide an as-built
survey by a Iicensed land surveyor of all newly constnxVA facilities prior to issuance of certificate ofvccupancy
I have read and agree to the above.
Signature[Applicant] Print Alarne[Applicant] Date si
Signature[Agent] Print Name[Agent] Date signed
page 7
Bit: 51$93 PC: 156 07122120-6 DEED Image: 1 o± d
WARREN COUNT` - STATE OF NEW YORK
. loll PA ELA J.VOGEL, COUNTY CLERK
7340 STATE ROLTE 9,
LAKE GEORGE, NEW YORK 12845
COUNTY CLERK'S RECORDING PACE
'THIS PAGE:IS PART OF YHE= 130CU14ENT-DO NOT DETACH`*"'
Recording:
Cover Page 5.00
Recording fee 35 .00
Cultural Eck 14.25
Records Management - Coun 1.00
Records Management - Stat 4. 75
TP584 5 .00
BOOK/PAGE: 5393 1 156 RP5217 - County 9.00
INSTRUMENT #: 2016-4763 RP5217 All others - State 241.00
Receipt#: 2016405927 Sub Total : 315.00
Clerk: L9
Rec Date: 07/22/2016 09:06: 53 AM Transfer Tax
Doc Grp: RP Transfer Tax - State 1000.00
DeScrip: DEED —
Num Pgs: 4 Sub Total : 1000.00
Rec.d Frm: SAYSTREET
Part 2: TIMPANO EUGENE Total : 1315.00
Party2 : FREEBERN PROPERTIES LLCM` * NOTICE: THIS IS NOT A BILL
Town: QUEENSSURY
w Transfer Tax *# *
Transfer Tax #: 2784
Transfer Tax
consideration : 250000 .00
Transfer Tax - State 10003 00
Total : IDOU.00
%VARNFNG***
I hetcby certify that the within and foregoing was
worded irk tha W-arrcn County Clerk's Office,
Record and Return To: Stattof New YGrk_
This sheet constitutes the Olcrks cndorsemenc
required by Section 316 of the Reel Propery Lain
of the State of New York.
HAROLD NICHOLSON JR ESQ
200 BROADWAY P•armela J. VGVI
WHITEHALL IVY 12887 5Vars'en Cixmty Clerk
BK: 5393 PC: 156 07/22/2016 DEED Image: 2 of 4
.� THIS INDENTURE, M,de the L day of June,in the year Two Thousand
ixicen
l Between EL GENE T]MPANO,residing al 1620 Needmore]load,Martinsburg,l
4' 25403,
Party of the first part,and
''. FREEBERN PROPERTIES,LLC.,a limited liability company duly licxnsrd to
conduct business in the State of New York with oMces located at 3037 State Route 8,North
Creek,NY 12851
Party of the second part,
Witnessetit that tine Party of the first part,in consideration of---ONE DOLLAR-....
($l.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,and unto
the survivor,his or her unpective heirs and assigns,
ALL the property located in the Town of Queensbury,Warren County,New York,as
described in the attached Schedule A-
D 91 NG the same premises Conveyed to Eugene Timpano From peter Itatsep and Helve
Ratsep by deed dated April 4,2005 aM"*carded irk the Warmn Counter Clerk's Office on April 5,
2005 in Book 1439 of Deeds at Page 159.
Together with the appurtenances and A the estate and rights of the parry of the first part
in find to Said promises,
To have and to-hold the premises herein granted unto the parties of1he second pert,and
unto the survivor,their respective Mrs and assigns forever.
And said party of the first pert covcnanis as follows;
First,That,the party of the second part shall quietly enjoy Oho said premises;
Second,That said party of the first part wi It Forever Warrant the title to said prcmiscs-
Third,That,in Compliaaiae with Sec. 13 of the Lien Law,the grantor wil I receive the
cwtisideration for this conveyance and will hold the right to receive such consideration as a ft=
fund to be applied First for the purpose of paying time cost of the improvement and will apply the
saute first to the payment of the improvement before using any part of titre total of the same fat
any other purpose,
BK: 5333 PG: 15G 07/22/2016 DEED Tmage- 3 of 4
F t
In Wimm Whereof,the party of the first part has hereunto set their hands and seals the
day and yew first above writlen.
IN PRE$FNCE OF
EUG&V7mPAN0
TATF.OF,Pfev '1"ORK }
M1 •*
On the day of J ,2016,before me,the undersigned,a Notary Pubis in
and for said State,personally appeared EUGENE TIMPANO,personally known to me or
proved to nac on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrurocnt WW acknowledged to me that he executed the same in his capacity,and
that by his signature on the instrument,the individual,or the person upon kigdf of which the
individual anted,executed the instrument-
tlo tt is '!�
JnEPH E.4IC+W
WARY PUBLIC.STATE OF NEW YORII
SARrf1OGA OO NTY.RE0_N&5OW1
Mr COMM.EMPIRES MARM L.M.
Record and Return t �_ _ - __-• -!'
Darold Nicholson,Jr.,&q.
200 Broadway
WhiteMl,NY 12887
kiYx: 3 YC�: i b U'1f22l�pQIG DEED Image: 4 of 4
ALL THAT CERTAIN LOT,PIECE OR PARCEL OF LAND situate, lying and being in the
'own of uc=sbuxy, Warren County, N ew Mark, as shown on a.reap entitled "14iaP of Yei#of the
Lands of 1 dwin R. Wincf9p, Sr:"' made by Nacy Raymond As5aciates, P.C.,Licensed Land
Surveyors, dated October 17, 1977 and mute fully deseribvd'as follows:
CDMMENC.iNG at a point on the easterly boundary of New York State route 9 where same
is intersected by thi, southeriy line of Lot 24, Montmy Heights-and the northerly Jinn of Lot 2 3,
Montray Heights; running then"'N 83' 43'E, 136.79 feet to an iron pipe set for a corner; thence
05a 3S' 10" E 122.71 feet to an iron pipe set for a corner; thence N 87124' W, 13 6.3 8 feet to an iron
pipe set for a career; thfmce N OV 35' 40" W, 10 1.64 feet to the point or peace of beginru
SAID PREMISES BEING MORE MODERN>`Y BOUNDED D12S CRIBED ASFOLLOWS-
B 'r1?V WO at a poi at In.the omterl y lini of Now York Skate Route �-at the northwest corner of
premises herein described =d-also being the southwest corner of premises row or formerly of
141inarchi (deed reference 689 cp 547), running theuice.North 851, 35'00" East 131.94' to a point, said
pa W being the northeast corner of premises herein desQribed and also brit�g the aorthwst corner of
premises now or formerly ofWin.chip(deed reference 1119 cp 121); rtmning thence South 031, 43'
0 1" East 122.57' to said point ou the northerly bounds of Sweet Road ruruting thence North 958 46'
00" West 122.9 Sr to a point; running thence along New Cork State forte 9 the following three
courses and distalaces,
1. North 29' 45'50" West 17,80'
2, forth i 1° 32' 42" West l 1.39'
3, North 040 18' 49" West 16.69' to the paint or place of begintsing,
r