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Application (Dw TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804.5902 518-761-8201 July 29,2009 Frank Parillo 215 Ballard Road Wilton,NY 12831 Re: Unapproved Use SUP 43-2009 Tax Map Parcel: 296.13-1-23 Dear Mr. Parillo: I am writing to you with regards to your pending Special Use Permit application for an Amusement Center use at the above referenced property. It has come to my attention that you have begun site preparations and preliminary operation of an Amusement Center use prior to the issuance of an approval from our Planning Board and the issuance of a Certificate of Occupancy for such a use. This letter will serve as written notice that such operations are not allowed until all necessary approvals have been issued and such unapproved operations will be treated as violations per § 179-9-020 and 179-17-010 of the Town of Queensbury Zoning Ordinance. I hereby direct you to cease this unapproved activity until all necessary approvals have been granted. Failure to comply with this letter will result in the issuance of an Appearance Ticket before the Town of Queensbury Justice Court. Should you have any questions or comments, please do not hesitate to contact me. Sincerely, Town of �eensbury "�_ iaig Brown Zoning Administrator CB/pw Cc: Dave Hatin Michael Palmer Tom Barber L:\Craig Brown12009 Lenem\Psrillo 7_29_09.dm "HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE" SETTLED 1763 Revised May 2009 General Information Tax Parcel ID Number: 296.13-1-23 Zoning District: HC-INT Detailed Description of Project [include current& proposed use]: Applicant would like to convert the site into an Amusement Use with an indoor and outdoor bounce house which would be available for birthday parties as well as recreational use. Location of project: 1011 State Route 9 Applicant Name: Frank Parillo Address: 215 Ballard Road Wilton NY 12831 Home Phone Cell: Work Phone Fax E-Mail: Agent's Name: Bartlett Pontiff Stewart & Address: One Washington St PO Box Rhodes 2168 Glens Falls NY 12801 Home Phone Cell: Work Phone 518-832-6434 Fax 518-824-1034 E-mail Owner's Name Same as Applicant Address Home Phone Cell Work Phone Fax E-mail Town of Queensbury Planning Office 742 Bay Road Queensbury, NY 12804 518-761-8220 2 Revised May 2009 Site Development Data Area /Type Existing sq. ft. Proposed Total sq. ft. Additions . ft. A. Building footprint 24264 24264 B. Detached Garage N/A N/A N/A C. Accessory Structure(s) N/A N/A N/A D. Paved, gravel or other hard surfaced area 120682 0120682 E. Porches / Decks N/A N/A N/A F. Other 3057 0 3057 G. Total Non-Permeable [Add A-F] 148003 0 148003 H. Parcel Area [43,560 sq. ft. / acre] 628150 0 628150 I. Percentage of Impermeable Area of Site [I=G/H] 23.6 0 23.6 Setback Requirements Area Required Existing Proposed Front [1] 75 138 138 Front [2](DISPLAY) 25 NA NA Shoreline NA NA NA Side Yard [1]-SOUTH MIN 20/SUM 50 46 46 Side Yard [2]-NORTH MIN20/SUM 50 160 160 Rear Yard [1] 25 482 482 Rear Yard [2] NA NA NA Travel Corridor NA NA NA Height [max] 40 <40 <40 Permeability 30 76.4 76.4 No. of parking spaces 48 NA 53+ 3Handicapped Town of Queensbury Planning Office- 742 Bay Road - Queensbury, NY 12804 - 518-761-8220 3 Revised May 2009 Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? _no 2. If the parcel has previous approvals, list application number(s): unknown 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? no 4. Estimated project duration: Start Date_July End Date_July 2009 5. Estimated total cost of project: $1,000 6. Total area of land disturbance for project: 8,400 sa feet (area inside fence) no disturbance proposed 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 628,150 s . ft. Existing Floor Area 24,264 s . ft. fsee above definition Proposed Additional Floor 0 sq. ft. Area Proposed Total Floor Area 24,264 s . ft. Total Allowable Floor Area 188,445 (Area x .3_) [see above table Town of Queensbury Planning Office- 742 Bay Road - Queensbury, NY 12804 518-761-8220 4 Revised May 2009 § 179-9-080 Requirements for Site Plan Approval. The Planning Board shall not approve a Site Plan unless it first determines that such site plan meets the following Standards. Please prepare responses to each of the following topics. STANDARDS A. The proposed project furthers or is consistent with the policies of the Town's Comprehensive Plan.This project will help reutilize a site that is currently without a tenant and activate an a large parking lot with commercial activity. Since this is a strong commercial corridor,revitalizing this site will be consistent with the Comprehensive Plan. B. The proposed project complies with all other requirements of this Chapter, including the site plan review standards as set forth in Paragraph F of this section,the dimensional, bulk, and density regulations of the zoning district in which it is proposed to be located (Article 3 and Table 1), the applicable requirements of all other Articles that apply. All Zoning requirement are met, however the applicant is seeking a lighting waiver and grading waiver due to the fact that this is an existing developed site. C. The site plan encourages pedestrian activity internally and, if practicable, to and from the site with pedestrian paths or sidewalks connected to adjacent areas. The amusement activity will be on the existing parking lot. Incorporated in this use will be the addition of a bike rack as is now required by the new Zoning Code. As a result,pedestrian activity is encouraged. D. The site plan must conform to Chapter 136 Sewage and Sewage Disposal, Chapter 147 Storm water Management Local Law, and other applicable local laws. The site is connected to the Town Sewer line and is a minor modification to the existing site so that the Storm water Plan is minor as well. E. the proposed use shall be in harmony with the general purpose or intent of this Chapter, specifically taking into account the location, character and size of the proposed use and the description and purpose of the district in which such use is proposed,the nature and intensity of the activities to be involved in or conducted in connection with the proposed use and the nature and rate of any increase in the burden on supporting public services and facilities which will follow the approval of the proposed use. This property is on Route 9 in the commercial corridor almost adjacent to the other amusement uses in the Town. In addition, the site is large enough to accommodate the use that is proposed so that it will not place a burden on the immediate area. F. The establishment,maintenance and operation of the proposed use will not create public hazards from traffic,traffic congestion or the parking of vehicles and/or equipment or be otherwise detrimental to the health, safety or general welfare of persons residing or working in the neighborhood or to the general welfare of the town. Traffic access and circulation, road intersections, road and driveway widths, and traffic controls will be adequate. The proposed site has adequate parking for the amusement use and sufficient land to accommodate the tenant. As a result, traffic access and circulation internally will not present a problem. G. Off-street parking and loading facilities will be appropriately located and arranged and sufficient to meet traffic anticipated to be generated by the new use. The establishment of vehicle links between parking areas of adjacent properties are provided where feasible. This furthers the Town's goal of reducing curb cuts and reducing congestion.A twenty-foot wide connection is required. If adjacent properties are either undeveloped or previously developed without having made provision for future linkage, then a future connection must be identified and provided for in the site plan under review for such future linkage when the time arises. The Planning Board may require proof that the applicant has made contact with adjacent property owners for purposes of coordinating linkages with adjacent properties. The proposed site has adequate parking for the amusement use and sufficient land to accommodate the tenant. As a result, off street parking will not be a problem. H. The project shall not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the town or the Adirondack Park or upon the adequate provision of supporting facilities and services made necessary by the project,taking into account the commercial,industrial, residential, recreational or other benefits that might be derived from the project. In making the determination hereunder, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein under§ 179-9-080 of this chapter, and in so doing, the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in§ 179-9- 080 of this Article. This use is going to revitalize a site that has been vacant for some time. Due to the close proximity to the other amusement uses in this Town the Applicant feels that this will be a perfect fit for this Tenant. I. The provision for and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience shall be safe and adequate for pedestrian movement. Pedestrian connections between adjacent sites shall be provided to encourage pedestrian use. Town of Queensbury Planning Office 742 Bay Road Queensbury, NY 12804 518-761-8220 5 Revised May 2009 The Applicant will be restriping the existing parking lot to accommodate for the new layout of parking as well as provide for a clear path for pedestrian traffic. J. Storm water drainage facilities will prevent an increase of post development drainage flows as compared to pre-development drainage flows. Drainage of the site shall recharge ground water to the extent practical. Surface waters flowing off-site shall not degrade any streams or adversely affect drainage on adjacent properties or public roads. Facilities shall be in conformance with the drainage standards of Chapter 147 of the Town Code and the Town of Queensbury Subdivision Regulations where applicable. The Applicant is not proposing to change any of the existing structures or create any permanent structures with the proposed use,other than the fence which surrounds the area. The Bounce Houses will be placed in the southern section of the site,with a fence which will surround it. The existing bathrooms will be used for restrooms,sales and repair. As a result,the Storm water which will be altered in the minimal fashion proposed will be addressed as noted in the Storm water plan. K. The water supply and sewage disposal facilities will be adequate and will meet all applicable and current requirements set forth by Department of Health regulations and Chapter 136 of the Town Code. Yes,the site is maintained by both public water and sewer. L. The adequacy, type and arrangement of trees, shrubs and other suitable plantings, landscaping and screening shall effectively provide a visual and/or noise buffer between the applicants and adjoining lands, including the maximum retention of existing vegetation and maintenance, including replacement of dead or deceased plants. The Applicant has proposed landscaping surrounding the actual area of use on the site to try and minimize the impacts. Due to the way in which the site exists today the existing buildings will help to act as a buffer as well. M. Fire lanes, emergency zones and fire hydrants will be adequate and meet the needs and requirements of emergency service providers. The Applicant is willing to work with the Fire Marshall on its suggestions for this use. N. The design of structures, roadways and landscaping in areas susceptible to ponding, flooding and/or erosion will minimize or avoid such impacts to the maximum extent practicable. This is not applicable to this site. O. The site plan conforms to the design standards, landscaping standards and performance standards of this chapter. Other than the waivers that are being requested,yes. 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Ce f-/LL OUT A(- - SGTB9G�S ON P1-i9 — L/GL/7iicl � — f EuG/N CiA/L S Ai OVA PLANS AX' CnNt e[-7� B-cx�v/L>.UG. LGLT.�/G L[.7LATid� /00 Staff Representative: Applicant/Agent: d Date: Town of Queensbury Planning Office 742 Bay Road Queensbury, NY 12804 518-761-8220 8 • Revised May 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: FRANK PARILLO Designates: Bartlett, Pontiff, Stewart& Rhodes As agent regarding: Variance_Site Plan_Subdivision x SPECIAL USE For Tax Map No.: 269.13 Section 1 Block 23 Lot De ook _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: Designates: As agent regarding: —Variance_Site Plan_Subdivision For Tax Map No.: Section _Block Lot Deed Reference: Book Page Date OWNER SIGNATURE: DATE: 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.) 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 statement1description 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 licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy `�I h inatule rea and agree to the above.[Ap is Prnt Name [Applicant] Date signed igl ature [g b rent i) ame [Agent] Date signed Town of Queensbury Planning Office 742 Bay Road Queensbury, NY 12804 - 518-761-8220 11 70'-0" > o 0 0 F26—'O" s 30'-0" n 'm u m m Jurassic Adventu ,No o c ' N S 1� 1� � N � O � r � o 0 2 @ C N N 'Q i� 26'-0'• Sponge Bob 3-D 'y Combo dg 18'Tall Slide '- �o x 'o \���\ . ^ �\ �� � � d��� \ m 2�\ ��\ �/ �\ /\ ��: 2�2 �\�. � ««: > ® , � . . /: �®� . ° �»t �\ �« : \ 22 � . � , . � ( � : :a . . . . .. �� : . .�� « ° � � \ \\ � . ( � : <�� �` , � . ■ � � { � � � ( a � \\. r �� � »�. 2 /. \% � �� � \� < . ° y� . � ` � � � � \� \� (. , . . � \ � �� : � ` . «{ \ § . � �� � . \ � � � � t % © w w � . . . : � a. < � . ~� � / �© \ \ ^ � ^ ©~ � 2 k° � / . �\/ � % � � ` � l � ^ ,mow_ ��ƒ . \ƒ����\ r : § � \ � z � ©\ : t ; \ . ^ �� ` U ����^ � ��\ 'WARREN COUNTY CLERK 1340 STATE ROUTE 9 DOCUMENT : 961 TYPE: ODC LAKE GEORGE,NY 12845 RETT: 1990 L1or000.00 (518) 761-6426/(518)761-6429 01/3012006 11:52:00 A.M. RECEIPT: 1627 RECORDING COVER SHEET PAMELA J. VOGEL WARREN COUNTY CLERK VOL: DE LIBER: 1491 PAGE: 161 EMP. INITIALS ?1l COVER PAGE($5.00) #OF ITEMS @$3.00 Y MORTGAGE TAX STAMP ATTACHMENTS I do hereby certify that I have received on the within instrument$ being the #OF PAGES TO VALIDATE S amount of Mortgage Tax paid and$ special additional Tax and$ ADDITIONAL FEE additional tax at the time of recording. ADDITIONAL NAMES Dated PAMELA J VOGEL TOWN RICIV RECORDING OFFICER \ WARREN COUNTY,NY DOCUMENT TYPE > >] CONSIDERATION 5'd4 Ab PAGE VALIDATION Please fill in blanks below before submitting for recording. i Party(ies)of the First Part: Ronald N.Jeckel and Janis A.Jeckel s i Party(ies)of the Second Part: Frank Parillo I'0 i HO j lO0 i RECORDING STAMP mC RECORDED BY: lam� ' Community Title Agency,Inc. € A I 11BER,0F µph RETURN TO: PAGE AND EXAMINED PAWARREJ COUNTY.N Y j Bartlett,Pontiff,Stewart&Rhodes,P.C. i VOGEL. CLERK aµ AN 11: 52 1 One Washington Street-P.O.Box 2168 m i 06 JAH 30 i Glens Falls,New York 12801 RECORDED it _........._...........__....._................._........................ .__.._...._._._..__._.............._............µ............... Department of Community Development Queensbury Planning Board Staff Notes July 28, 2009 APPLICATION: Special Use Permit 43-2009 APPLICANT: Frank Parillo REQUESTED ACTION: Plan Review for Amusement Center requiring a Special Use Permit LOCATION: 1011 State Route 9 EXISTING ZONING: Cl [Commercial Intensive] SEQRA STATUS: Type II-no further environmental review needed PARCEL HISTORY: SP 74-90: 11-20-90 For construction of an automotive body repair and paint business. Formula-l-Auto Body at Jackal and Sons Honda. PROJECT DESCRIPTION: Applicant proposes an Amusement Use with outdoor bounce houses for birthday parties as well as recreational use. Further, an existing on-site building is proposed to be used for sales, rentals and warehouse space. According to the narrative, the use will be opened from April through October. An Amusement Center in the CI zone requires Planning Board review and approval. STAFF COMMENTS: The redevelopment mentioned in the narrative appears to be seasonal in nature. The Planning Board, under the new code, must specify the type of Special Use Permit to be granted. The three types are as follows: 1. Permanent-Use can continue indefinitely until the specific use ceases for any reason for a period of 6 months. 2. Temporary-Use to continue until a specified date. Upon this specked date, the use shall terminate with no extensions. 3. Renewable-Use to continue until a specific date, unless renewed or extended by the Planning Board for an additional period of time. Note: The applicant, not the Town of Queensbury, has the responsibility to initiate the request for renewal or extension for this type of permit. If renewal is not accomplished, the permit terminates on the expiration date set forth at approval. The Planning Board may wish to ascertain the exact dates the applicant intends to operate. Signage details to include colors, lettering, lighting, etc. should be presented to the board. The applicant intends to resurface an exiting freestanding sign located at the entrance. No details have been submitted to date. The project engineer does not propose to modify existing stormwater controls. The applicant is requesting a waiver for grading and lighting. • Plan Review: Page S-1 • No immediate concerns Page S-2 • Location and mode of securing electric to outdoor bounce area should be denoted on plan and described in the narrative. • Refuse location and enclosure not on plan. Enclosure details should be submitted. • Pedestrian walkways should be denoted for safety purposes through-out parking lot. This can be accomplished with use of signs and pavement markings. • Clarify if Office/Warehouse and Concrete Block Building bathrooms are Handicap accessible. • Bathroom locations associated with Concrete Block Building not denoted on plans. Page S-3 • Handicap unloading area detail undersized. Unloading areas must be 18 ft. by 9 ft. per BCNY. Additional comments 1. Applicant is seeking waivers from lighting &grading 2. The Warren County Planning Board recommendation: No county impact with stipulation-That clarification be provided about food and drink(see attached). 3. The Planning Board may consider, as a condition of approval that an engineer's seal be fixed to the final plans. 4. During a staff site visit on July 23, 2009, ft was observed that the metal building located north of the proposed office was being utilized for maintenance of bounce equipment. Clarification from the applicant on whether this building is part of the site plan and if so, to what extent will it be utilized? L:Weith Obomek2008-2009 Staff NotesPhnningUuty 28\SUP 43-09_PsdIIQ_072809.doc -2- Ju109-18 Warren County Planning Board Project Review and Referral Form Reviewed by Board on July 8,2009 Project Name: Parillo,Frank Owner: Frank Parillo ID Number: QBY-09-SUP-43 County Project#: Ju109-18 Current Zoning: HC-Int [CI] Community: Queensbury Project Description: Applicant proposes an Amusement Use with outdoor bounce houses for birthday parties as well as recreational use. Further,an existing on-site building is proposed to be used for sales,rentals and warehouse space. Site Location: 1011 State Route 9 Tax Map Number(s): 296.13-1-23 Staff Notes: Special Use Permit: The applicant proposes to utilize an existing site and buildings to operate a"bounce around recreational facility and office". The information submitted shows the location of the buildings outdoor uses,parking arrangements. The building to the rear of the property of concrete block will be utilized as a warehouse and office area where sales and rentals of the bounce house units will occur. The building towards the center of the property also concrete block will be utilized for accessible bathroom area. The plan shows an 8,400+/-sq ft area containing a variety of bounce house units.The bounce house area also includes landscaping and a 4ft-6 ft high chain link fence and a 10 ft by 10 ft admissions tent.The information submitted also indicates the hours of operation are daylight 10 am-7pm,seasonal April to October. The applicant has indicates the area will be restriped for the parking areas,landscaping to be installed,and signage to be installed on the buildings and freestanding.The applicant has also indicated the project is compliant with the Comprehensive Plan revitalizing a parcel on a main corridor in the Town,the use is compatible with the neighboring recreational indoor/outdoor facilities,the site is serviced by existing water,sewer and electric,the use is similar to adjacent recreational facilities with no impact on environmental or natural features,and the use will have a long term effect by revitalizing a currently vacant site. Information did not indicate if the site would be serving food and refreshments. Staff recommends no county impact with condition clarification be provided about food and drink. This is based on the information submitted according to the suggested review criteria of NYS General Municipal Law Section 239 L applied to the proposed project. Local actions to date(if any): County Planning Board Recommendation: No County Impact with Stipulation The Warren County Planning Board recommends No County Impact with the condition clarification be provided about food and drink. Local Action:/Final Dispensation (Provide reason if local action is contrary to Warren County Planning Board recommendation): Warren County Planning Board Date Signed ocaOfficial Date Signed PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING BOARD WITHIN 30 DAYS OF FINAL ACTION. SUP 43-09 Parillo 072809 RESOLUTION TO TABLE SPECIAL USE PERMIT 43-2009 FOR FRANK PARILLO 1) A site plan application has been made to the Queensbury Planning Board for the following: Applicant proposes an Amusement Use with outdoor bounce houses for birthday parties as well as recreational use. Further, an existing on-site building is proposed to be used for sales, rentals and warehouse space. Amusement Center in the CI zone requires Planning Board review and approval 2) This application is supported with all documentation, public comment and application material in the file of record; and 3) MOTION TO TABLE SPECIAL USE PERMIT NO 43-2009 FRANK PARILLO, Introduced by Gretchen Steffan who moved for its adoption, seconded by Stephen Traver: Tabled to the second Planning Board meeting in September, which will be September 22nd. Any further materials that are to be submitted need to be submitted to the Community Development office by August 17d'. Duly adopted this 2e day of July, 2009, by the following vote: AYES: Mr. Jackoski, Mr. Schonewolf, Mr. Seguljic, Mr. Ford, Mr. Traver, Mrs. Steffan, Mr. Hunsinger NOES: NONE CC: Jonathan Lapper, Bartlett Pontiff Stewart& Rhodes RICHARD J.BARTLETT BARTLETT, PONTIFF, STEWART& RHODES,P.C. KARLA WILLIAMS BUETTNER PAUL E.PONTIFF ELISABETH B.MAHONEY ALAN R.RHODES ATTORNEYS AT LAW JOHN D.SYARE ROBERT S.MCMILLEN P.O.BOX 2168 JOHN D.WRIGHT PHILIP C.MCINTIRE ONE WASHINGTON STREET JESSICA H.HUGABONE MARK A.LEBOWITZ J.LAWRENCE PALTROWITZ GLENS PALLS, NEW PORK 12801-2168 MALCOLM B.O'HARA ROBERT S.STEW ART PATRICIA E.WATKINS 1932-2001 MARK E.CERASANO TELEPHONE(518)792-2117 BERTRAM J.DUBE 1916-19" MARTIN D.AUFFREDOU FAX(518)792-3309 BRUCE O.LIPINSKI EMAIL infa(albpsrlaw.cam PAULA NADEAU BERUBE W EBSITE www.bpsrlaw.com JONATHAN C.LAPPER - BENJAMIN R.PRATT.JR .._ .... EILEEN M.HAYNES JAMES R.BURKETT STEFANIE DILALLO BITTER -- July 28, 2009 Via Facsimile 743-4437 and Regular Mail Chairman Christopher Hunsinger Planning Board 742 Bay Road Queensbury, New York 12804 Re: Frank Parillo 1011 State Route , Special Use Permit 43-2009 Dear Chairman Hunsinger: As you are aware our firm represents Frank Parillo with regard to the Special Use Permit he requested for 1011 State Route 9 relative to the Amusement Use that he was proposing. On July 28, 2009 the Planning Board tabled Mr. Parillo's application to its September 22,2009 agenda. Please be advised that in discussing this with our client he has elected to withdraw this application. If you would kindly remove this from your Agenda for the month of September and advise if any documentation needs to be picked up from staff, I would appreciate it. Sincerely, Bartlett, Pontiff, Stewart& Rhodes, P.C. Llo B Dr Direct Line:(518)832-6419 Direct E-mail.sdb(ahPsrlaw.com SDB:jmw cc: Frank Parillo (via facsimile and regular mail) Tom Barber, Bounce Around, Inc. D.4275582