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ApplicationTOWN OF QUEENSBURY use ❑ Type I Action ❑ Type Il Action ❑ Type Unlisted variance ❑ Warren County Planning ❑ Adirondack Park Agency 0 NO i va VANAM N0� ❑ �� � ,_ is - / 0�? �j m P 0 V 551990 & ZONIN, nIFPARru�..- 1. Applicant's Name: Street Address: a . L7?�,n x 3cS City, State, Zip: t ter++: rjy t'Z.t �O Telephone No. o,L -7a4 - CS-5 i 2. Agent's Name: d �:c L, t55 C Street Address: p Z -';5;- City, State, Zip: L,"r^ r1 .NY "L 1 I J Telephone No. -7F6 - 7k3y o L -7b':Q -F s3t 3. Owner's Name: `Jf�,j r L �f-Va� Street Address: y-37 %Sr?ay -/AY City, State, Zip: SifaR7oc�t s,�jr1rc5 ,yy /2Ftf- Telephone No. 571 —/sSc J 4. Location of property: %/7 5. Description of how to find the property: 5�5� Svun, or /1% A� ;rt✓ ;iJn Ur'�f/L C=,�Ni� C4 Gt V.L3y i� 6. Tax Map Number: Section /03 , Block j , Lot 25-1� 7. Zone Classification: PC-//9 Lot Size: e,4-4 qc, sq. ft./acres 8. Section(s) of the Zoning Ordinance from which you are seeking this Variance: '�/• o%C-� _ 05d �A ZCH•tCS. "-,-V /4,-Le, j q © r 4✓1L OrL Grs•'9r`G=¢ L. N.rC< Z�,V ff ,�A n''"r7 G•✓,-,- ;2c;.'tL �o,'�.e. 9. Present use(s) of property (explain in detail): — ?zor>� ^/ rs ?is v,t-y �7- 'v'AG � Mac'= TG.-✓A..J,y -s � itc-Ar ,�i;r �-NC 10. Proposed use of property (describe the proposed change that you are making to the present use): qyY /1,�gy�_,� i�/ �ny�✓� 11. Is the property in question within 500 feet of a County or State Right of Way, Park, Municipal Boundary, or Watershed draining any County or State facilities, requiring review by the Warren County Planning Board? BYES, ❑ NO "HOME OF NATURAL BEAUTY ... A GOOD PLACE TO LIVE" SETTLED 1763 Use Variance 1Z. List the names and location of the parcel (include tax map number and zonk) of adjoining property owners. NORTHERLY Tax Map # i4,3 -'/ - � !� Zone: i1)C -1 A Name: --wren J,c Tax Map # 1 3 - I - -2-4 Zone: -1 /I SOUTHERLY Tax Map # /yZ -/-17, Z Zone: /"G- -//q Name: 3-0",- Di T,,y Tax Map # ;p 3 - / - Zone: Re- /1,4 Name: Name: Saut� An individual who wants to utilize property for a use that is not permitted by the Zoning Ordinance must apply for a USE VARIANCE. An application for a Use Variance must demonstrate that the Ordinance creates an unnecessary hardship on the property by satisfying all of the following three tests: 1. Reasonable Return: The applicant must demonstrate an inability to realize a reasonable return under any of the uses permitted by the Zoning • Ordinance. There must be proof of the applicant's inability to realize a reasonable return; speculation or qualitative assessment is inadequate. Failure to realize the highest return is not a hardship. 2. Uniqueness: The applicant must prove that a specified unnecessary hardship exists because of: (a) exceptional or extraordinary circumstances applying to the property, and not applying generally to other properties in the same district, and; (b) lot size or shape legally existing prior to the date of the Zoning Ordinance, or topography, or other circumstances over which the applicant has had no control, and that these circumstances make it impossible to earn a reasonable return without some adjustment. If the features or conditions are generally applicable throughout the district, relief should be accomplished by a zoning amendment, not a variance. 3. Character: The applicant must prove that the requested modification will not change the character or quality of the neighborhood. In addition, • the "spirit" of the Ordinance or Local Law should be preserved. Please answer the following questions. Attach additional sheets if necessary. 13. Is a resonable return possible if the land is used as zoned? ❑ Yes, LJ No Explain: TlACNE� 14. Are the circumstances f this lot unique and not due to the unreasonableness of the Ordinance? Y Yes, 0 No Ex_nlain: Sf!�- A"fD 15. Is there and adverse effect on the �"neighborhood character? ❑ Yes, dNo Explain: S£ 2 A / CD Use Variance 16. Other comments: MESSAGE TO THE APPLICANT/AGENT We recommend your purchasing the ZONING ORDINANCE so that you may be fully apprised of all Town of Queensbury regulations. Please return the ORIGINAL APPLICATION with all pages intact. The Planning Department requires 13 copies of your application. A complete application shall include a variance site plan with narrative and supporting reports, if applicable. All maps must be folded to an 8% by 14 inch or smaller format. All components of the submittal must contain all information required under the applicable Town law or regulation. • A complete application is necessary for placement of the Queensbury Zoning Board of Appeals agenda. The necessary information that you will need for a complete variance site plan will follow after this message. Applications must be received by Z p.m. on the deadline date. The deadline dates for submission are listed on the Deadline Submission Sheet available in the Planning Department. However, submittals will be accepted prior to the submission deadline date for staff review and placement on the agenda. Other permits may be required for construction or alterations subsequent to approval by the Zoning Board of Appeals. It is the applicant's responsibility to obtain these permits. • I ha- and understand the above message: Ci I (signature of applicant) (signature of agent) Please attach the following items to your application: 17. A location map showing the site within the Town. 18. A site plan showing existing and proposed features of the property, including: A. lot dimensions B. north arrow and scale C. location and dimensions of existing and proposed buildings, showing setback i distances and uses D. parking layout to scale E. physical features (streets, steep slopes, lakes, wetlands, etcL) ' N . -"J F. location of water and sewer systems, if applicable G. easements and public roads H. adjacent ownership �r N Queensbury Zoning Board of Appeals Checklist Draw to scale (preferably 1 inch equals 40 feet or less) a detailed description of the proposed site. A. Title of drawing, including name and address of applicant and person responsible for preparation of such drawing. B. North arrow, scale, and date. C. Boundaries of the property with dimensions in feet, including zoning boundary delineations. D. Existing watercourses, wetlands, and other waterbodies. E. Location of all existing principle and accessory structures and their uses with exterior dimensions and lot line and waterfront setbacks. F. Location of all proposed principle and accessory uses and structures with exterior dimensions and setbacks. G. Location of any existing or proposed easements, driveways, outdoor storage and refuse containment areas, including setbacks. H. Location of existing and proposed sewage disposal facilities, including lot line, waterfront and well setbacks. Also, location of existing sewage and water systems on adjoining lots. I. Location and description of existing public or private water supply. • J. Description of the method of securing public or private water and location. K. Location and design of all existing and proposed parking and loading areas, showing driveways, ingress, egress, handicapped parking and curbing. L. Total number of existing parking spaces, including the number of those to remain or to be removed, those to be paved, those to be gravelled, and total number of proposed new paved spaces and proposed gravelled spaces, including basis for determining parking adequacy. M. Location, design, and construction materials of all existing or proposed site improvements; including drains, culverts, retaining walls, and fences. N. Location, setbacks, and size of all existing and proposed signs; including design and construction details of proposed signs. O. Location and proposed development of all buffer areas, including existing vegetative cover and screening of storage or refuse areas. P. Location and design of all existing and proposed outdoor lighting facilities. Q. Identification of the location and amount of building area proposed for retail sales or similar commercial activity. R. If applicable, the applicant is required to submit a Material Safety Data Sheet (MSDA) as required by the Environmental Protection Agency. The list must include the chemicals and hazardous materials to be stored and used on site and the quantities of such. The plan presented to the Board must show any storage and containment areas. S. General landscaping plan. T. Other elements integral to the proposed development as considered necessary by the Zoning Board of Appeals. Applicants should be advised that they are to address all of the items on the checklist. If the required information is not on the submission, the application will be removed from the agenda. Applicant/Agent, please initial:-- [PROJECT I.D.NUMBER 617.21 SEOR L Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I —PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME U _ LU jf OgL Lsv>tJ25 LT[� �-CK LUS£ 9. PROJECT LOCATION: Municipality County a. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) %/ % vl krL 6-1,v. S,^ Cyr o c rNr ✓Gsic vz� i Of' R LAVY n J „� ..rP�.L 6Llfr•J 6. IS PROPOSED ACTION: ram/ ❑ New ❑ ( Expansion ModlNwtionlalteratlon 6. DESCRIBE PROJECT BRIEFLY: .LDS. Acc.krYcry of /+ CRU�:�,C Lei � •yrNv%-Y 7. AMOUNT OF LAND AFFECTED: initially 17 6G acres Ultimately O, 6G acres e. WILL PROPOSEDION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑yes Iff No If No, describe briefly /-I d51 �!r-cL. i31 "RI/ydLczk ' e. WHAT IS PRESENT LAND USE IN VICINITYr"O OJECT7 ❑ Residential ❑ Industrial G Commercial ❑ Agriculture ❑ ParkiForesUOpen space ❑ Other Oaaenba: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE 91111 LOCAL)? 10 Yes ❑ No If yes, list agency(s) and penniVappromis /'d A" O US I Vj44j::R Qt_ ' 75AP-7 7-1,z 101j-1J OF' 11. DOES ANY ASP OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yea No 1f yea, list agency name and permit/approval 12. AS A RESULT OF P410POSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑ Yee ITNO I C HE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE E �� Appllcan ponsor no V.� 1 _KU�� � ( Z !�„cc,t. �JS� d,=. rS,zGi-late: -//ZS — Slgnature:` If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Town of Queensbury Use Variance Application 717 Upper Glen Street Item 10) QuickLube ten minute oil change centers specialize in automotive fluid maintenance services. We perform no engine repair or autobody repair of any kind. Our base service consists of a 17 point - 10 minute oil, lube, oil filter, fluid check and rollover car wash service. In actuality, the service takes between seven and twelve minutes depending on the make and model of the car. We do perform several additional fluid maintenance services; transmission fluid changes, differential fluid changes, radiator flushes, and fuel injector flushes. These services take no more than 30 minutes and comprise less than 10% of our car volume. All of the services are performed without an appointment, no cars are ever allowed to be left overnight on the site, and customers must wait with their cars while their cars are serviced. The projected car volume at this site is 45-50 cars per day. Customers will enter the property and drive to the rear of the building. An employee will greet the customer and pull the car into the service center. The customer will walk into the waiting and remain there until their service is completed. Because of the no appointment/while you wait nature of the business, no customer parking is required. None the less, two customer parking spaces have been provided as a conservative measure. This center will operate with 4-5 employees, 7 parking spaces • have been provided to the rear of the building. Item 13) The owner of 717 Upper Glen Street has had the property on the market for sale or lease for the past 23 months. During the past 15 months, the property has been listed with Levac-Burke Realty, a copy of the listing agreement, dated 1/4/89 is attached. During this period, the property has been shown 49 times to many different retail and professional uses. A list of these uses is also attached. To date the applicants purchase contract has been the only legitimate, qualified offer received. The owner of the property has sustained significant operating losses on the property since March, 1988. These losses average $3000. per month and are created by virtue of the ongoing expenses of taxes, utilities, mortgage, insurance, etc. which continue, even though the unique circumstances of the property make it unrentable or unsaleable to the allowed use in a plaza commercial zone. E • Town of Queensbury Use Variance Application 717 Upper Glen Street Item 14) The circumstances of this parcel are unique and are not due to the unreasonableness of the ordinance. The difficulty in selling or renting the property stems from the triangular shape of the property. The existing property is shown on site plan "A", included with this application. The location of the existing building and the fact that the property tapers rapidly to a point, eliminates customer parking on the site and severely reduces the availability of employee parking. Customer parking is critical for the economic viability of all of the uses in a PC-lA zone. Furthermore, a multi tenant building requires considerable employee parking needs. Potential lessees and purchasers, upon realizing this difficulty, have not pursued the property. Item 15) The proposed QuickLube use has an extremely positive impact on the neighborhood and its character. The current building is an eyesore. It has been financially unrealistic to provide proper maintenance to the building because it is operative with extensive losses as is. The existing site has no landscaping, substandard lot permeability, and an unsafe on site traffic pattern. QuickLube will eliminate all of these conditions. We will provide professionally installed and maintained landscaped areas, reduce the building area and increase the lot permeability, and create a very controlled and orderly on site traffic flow. The proposed QuickLube use is less intense than any of the allowed uses in a plaza commercial zone which will benefit the surrounding area by minimizing traffic congestion and increasing pedestrian and driver safety. 2 '90 04/24 09143 Z 1 518 583 4104 UNLTD REALTY RES 02 i IrP-,'a--' 9fl 11.q a ,: l p: r rrt I Sa 101 R. NI a l'r 1011E 1 FI . t 0: 518-78E-n75a "975 P02 TOWN OF QUEENSHURy • AUTIRMU AllON TO ACT A it SKI (_Sr��.J (seller, owner) of premises located at Tax Map Number NJ l.:13` T hereby designate �s��T as my agent regarding an application for (Subdivision, Site Plan ReviewjjqLNtncA of the above premises. Deed Reference Book _ ?off I Page '7%V Data Does the above parcel represent owner's entire contiguous holdings? Please attach explanation. Signe Datet ,2 c� rrrrrrrr*wwrwrrrrrrwwrrrrwrwwrwrrtr♦rrrrrrrrrrrrrwrrrwwwwrrwwrrwrwwrrrrrwrrr•►rr SE READ A "The parties hereto consent that the proceedings which result from the within application may be tape-recorded and transcribed by the Town Clerk or his Agent and that such minutes as may be transcribed *hall constitute the official record of alt proceedings regarding this application, unleas the same may vary from the handwritten' minutes taken by the Town Clerk or the Secretary of the Planning Board or Zoning Board of Appeals, in which event the handwritten minutes as to ouch inconsistencies shall be deemed the official record." Applicant's Signatuie Dater i.r LEVAM BU]RKE Real Estate Inc QUAKER VILLAGE, BUILDING 5.76 QUAKER ROAD, QUEENSBURY, NEW YORK 12804-1720 Te1. (518) 793-7600 FAX (518) 793-7869 April 24, 1990 Mr. Dave Thurmer P.O. Box 315 Latham, New York 12110 FAXED Dear Dave: I am writing to fullfill your request for information on 717 Glen Street, Queensbury, New York 12804. As you can tell from the attached listing agreement, we have had the property for sale since 1/4/89. The property has not been listed with any other Brokers since the above date. Furthermore, I would also like to comment on the number of showings we have performed. Based on our agency showing log, it appears that the property has been shown to prospective . buyers at least fourty-nine times. This number represents actual, agent accompanied, site inspections. In addition to this number, we have received approximately ninety logged inquiries. Twenty to twenty-five actual drive - by showings were directed to customers. Feedback was obtained from these. In closing, I would like to summarize some of the prospective customers intended uses. They are as follows: Car wash, Karate school, Pizza Restaurant, Auto Parts store, Real Estate Agency, Insurance Agency, Office Building, Car Phone Sales/Office, Appliance Retail store, Ice Cream store, Shoe store, Sporting Goods store, Health Food store, Pool Hall and Pool Table sales, Aerobic Center and Accessory Sales store, Video Rental store, and the list goes on. I would • be pleased to further document these showings if it is your desire. Good luck with your zoning approvals. Please let me know if I can be of further assistance. Sincerely, R. Mark Levacic 4A P R.— 2 4— 9 0 T U E 1 0 r 3 6. L E V A C K 8 U R,K E _-.W t ra � Glens Falls Board of Realtors, Inc. A tCOMMyXCUL EXCLUSM USTWG FORM THIS IS A LEGALLY BINDING CONTRACT. 17 NOT FULLY WE RECOMMEND YOU Comm AN ATTOIINa BLFOn SIGNING. :2-5 . /-2llil REMARKS' T CARS__. 7v,z 30 YEAR BUILT 00 FT. STORIES 7 PHONE:.....____. To R ROKFR LOT AM COND: SPRINKLER _ WATER R �r4�uc tcywck LISTER: ` P /GC (E✓4 1, GRANT Of -EXCLUSIVE RIGHT TO SEL1.you the #019 and Fur the otTorts which you and other mcnibon, of the (hum Fallh Board f RcahOm. Inc- huwill ri Mt uneil �nhu+ u pu cha.cr of my 19 p,ry. !This r ght isgrantvd to exclus!ve right to sell my property described above for s -r — give Y $ ' you in return for your promise to libt the proPuny in accordance with the Rules and RcguMaions of the --- liI l` .'sting Service. 2. MULTIPLE LISPING SERVICK NOT AGENT IundcrstunOmidagruethattheClemFallsBoardOfRcahm�s,Ina,isnotmyagent.tfuniKrngreuthmnoneofihctarmsofdiulisting contract shall maYct cm my agent. g, PURCHASER'S MORTGAGE I understand that purchase$ of property are often financed by the purchaser obtaining a mortgage loon. Because of this. 1 agree to accept a purchaeo contract which is dnpendcnt upon the purchaser obtaining one of the following lending institution mortgege loans: convontienak eonvena tonal insured by Private Mortgage [neurone#: Federal Housing Administration, insured or Veterans Adminislretion, guaranteed. Any other typo of mortgage loan or Manoing must be agrooablo and conbonlod to by me.. e ti ' A• t of t' - t� .,.s. " t. 4. 21I,9R`3 or TMMS Or PURCHASE CONTRACT chase If I accept a purchase Contract, 1 novas that the terms of that par contract may be disclosed to ell members of the Multiple Listing Service. S, PRESENTATION Of PURCHASE CONTRACT Islinglseting) broker, ' It is my desire and I d!roct that at rumrocts to purchase my property be nogollelod through th�y�+a._.II S. WHEN BROKERAGE FEE DUE AND PAYABLE I agree the brokerage fee will be due and payable to You If: (a) Prior to the expiration deco of this listing contract # purchaser for the property V secured by you or by any other broker of the Servics at the solos priceand terms contained in this contract or for any other gales price and terms acceptable to me, or (b) After the expiration dale of the listing contract and during the � months thereafter- a person buys my property who was: 1) Shown the property, or 2) Informed of the property. or g) Made aware of the property in any other way by you of any other broker of the Service, or (c) I sell or agree to Bell the property myself during the period or two listing Contract 7. AMOUNT Of BROKERAGE PEE rA of purchase price OR g "n �• "�" '" "T" �r I agree that the brokerage fob will be R. RENTAL OF PROPERTY if 1 decide to real my property during the term or this listing contract,I Brant you the exclusive right to rent some and agree to DsY You tents commission, B, APPLICATION OF DEPOSITS I agree that you or the selling broker or anyone, as the cage may be, oball apply sad pay gay deposit money or any other money received as part of the purchase price of my property toward the brokerage too which Is dun under this listing contract, 10.SHOWING THE PROPERTY AND POSSESSION OF KEY 1 agtee to show my property at any reasonable time. It I glue you the key to my property, it ie only to allow you to show make you the caretaker or custodian of my property or responsible market my property arty. I understand that giving you the key does not in any way ►po in any way. The OWNER has rood and undermtunds this a8roomont and does hereby acknowledge receipt of a COPY thereof. This agroommnt %hull be binding upon the parties horato, their heirs, logai roprocontetives and euccee r$ o asgigns. w AGREED TO AND ACCEPTED BYt OWNER BROKER BY —_ /C OWNER DATE /� �" TOWN OF QUEENSBURY Planning Department "NOTE TO FILE" Mrs. Lee A. York, Senior Planner Date: May 21, 1990 Mr. John S. Goralski, Planner Mr. Stuart G. Baker, Assistant Planner By: Stuart G. Baker Area Variance _ Subdivision: _ Sketch, Preliminary, _ Final X Use Variance Site Plan Review Sign Variance _ Petition for a Change of Zone Interpretation _ Freshwater Wetlands Permit Other. Application Number. Use Variance No. 42-1990 Applicant's Name: Quick Lube, David Leman Meeting Date: May 23, 1990 The applicant would like to open a Quick Lube Oil Change Center at 717 Glen Street. The most recent use of this property was for a multi -tenant commercial building. This building is now vacant. I have reviewed the application in accordance with the criteria listed in Article 10 of the Ordinance. This application appears to meet the criteria necessary for a Use Variance. The applicant should provide written consent from Niagara Mohawk for the use of their property. SGB/sed Ito F WARREN COUNTY 4'�•nt° PLANNING BOARD Warren County Municipal Center Lake George, New York 12845 Telephone 518 761.6410 DATE: May 9, 1990 RE: QBY V 42-1990 Queensbury Planning & Zoning TO: Town Office Bldg. Quick Lobe Bay & Haviland Roads 717 Upper Glen Street Queensbury, NY 12804 Gentlemen/Ladies: At a meeting of the Warren County Planning Board, held on the 9th day of May 1990 , the above application for a Use Variance to operate an auto service center in a Plaza Commercial Zone. was reviewed, and the following action was taken. Recommendation to: ( ) Approve ( X) Disapproval ( ) Modify with Conditions ( ) Return Comments: Agree with Zoning Ordinance, this isnot an appropriate use. It is the policy of the Warren County Planning Board to follow the procedures of the New York State General Municipal Law, Section 239-M, with regard to Municipal Zoning actions that are referred to and reported thereon. The following are procedural requirements that must be adhered to: I . ) The Warren County Planning Board shall report its recommendations to the referring municipal agency, accompanled by a full statement for such actions. If no action is taken within thirty (30) days or agreed upon time, the municipal agency may act without such report. 2.) If the recommendation is for disapproval of the proposal, or modification thereof, the municipal agency shall not act contrary to such action except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth tire reasons for such contrary actions. 3.) Within seven (7) days after the final action by the municipal agency having jurisdiction on the recommendations, modifications or disapproval of a referred matter, such municipality agency shall file a report with the Warren CountyPlanning Board on the necessary form. ``JJ ( OR Wy la Mae Bitner, Chairperson Joseph LaRocque, Vice -Chairperson TOWN OF QUEENSBURY SaY at Haviland Road, Queensbury, NY 12804-9725-518-792-5832 Theodore Turner, Chairman R.D. #5, Box 409 139 Meadowbrook Road Queensbury, New York 12804 TO: —Quirk LuhP Susan Geotz, Secretary 19 Wincrest Drive Queensbury, New York 12804 RE: Use Variance No. 4Z-1 Quick Lube, David Leman 717 Upper Glen Street ATTN: Quick Lube, David Leman DATE: May 23, 1990 Meeting Date We have reviewed the request for: Area Variance _X Use Variance Sign Variance Other and have the following recommendations: X APPROVED DENIED TABLED RESOLVED: NOTION TO APPROVE USE VARIANCE NO. 42-1990 QUICK LUBE, Introduced by Michael Shea who moved for its adoption, seconded by Theodore Turner: This is to approve the operation of Quick Lube and the property is currently zoned as Plaza Commercial One Acre. We believe the applicant has demonstrated that it has not been possible to receive a reasonable a return on the property due to the unique nature of the lot. We believe, in granting this variance, it will no be detrimental to the Ordinance. The lease with Niagra Mohawk states that there is use for parking of 14 cars for the life of the lease of 25 years. This lease is dated 5/23/90. The Short EAF Form shows no negative impact. Duly adopted this 23rd day of May, 1990, by the following vote: AYES: Mr. Kelley, Mr. Shea, Mrs. Goetz, Mrs. Eggleston, Mr. Carr, Mr. Turner NOES: NONE ABSENT: Mr. Sicard PLEASE READ THE BACK OF THIS FORM - Thank you. Approval of this application means that the applicant can now apply for a Building Permit unless your lands are Adirondack Park jurisdictional. Sincerely, Theodore Turner, Chairman Queensbury Zoning Board of Appeals TT/sed cc: Warren County Planning We recommend your purchasing the ZONING ORDINANCE so that you may be fully apprised of all Town of Queensbury regulations. Section 10.070 Expiration of Variance Decision by Zoning Board of Appeals. Unless otherwise specified or extended by the Zoning Board of Appeals, decision on any request for a variance shall expire if the applicant fails to undertake the proposed action or project, to obtain any necessary building permit to construct any proposed new building(s) or change any existing building(s), or to comply with the conditions of said authorization within one (1) year from the filing date of such decision thereof. Section 10.060 Variance Application Hearing and Decision. C. For decisions involving lands within the Adirondack Park, the Board shall notify the Adirondack Park Agency, by certified mail of such decision. Any variance granted or granted with conditions shall not be effective until thirty (30) days after such notice to the Agency. If, within such thirty (30) day period, the Agency determines that such variance involves the provisions of the Land Use and Development Plan as approved in the local land use program, including any shoreline restriction, and was not based upon the appropriate statutory basis of practical difficulties or unnecessary hardships, the Agency may reverse the local determination to grant the variance. r d. v _ NIAOARA MONAWK POWER CORPORATIONt 111 WASHiNGTON AVE . P.0 BOX 591, ALBANV, N V 1.201.0591 TELEPHONE 1518i e49.8:00 May 23, 1990 e Mr. David A. Leman Three Collins Terrace - Birch Run Saratoga Springs, New York 12866 Re:Proposed Lease Our File: AR-415 Dear Mr. Leman: The above referenced agreement has been executed by Niagara Mohawk Power Corporation and will be transmitted to you upon receipt of the required Certificate of Insurance. The rights granted by this lease may not be exercised until such time as this Corporation receives said Certificate. Should you have any questions, please contact me at (518) 471-5246. Very truly yours, n �)i-CiRf.La-0jtCp4 mil/ Karen S. Maxwell Staff Assistant Land and Right of Way Dept. KSM/gmf January, i9890 between NZ corporation organised and state of New York, having 300 Erie Boulevard West, 13202 party of the first the "Lessors, and DAVXD; at 44 Lake Avenue, carat of the second part, here W I T In agreements to be conditions hereinafter lease unto the Lessee, being in the Town of of Nov York, as shown in drawing no, 0-4370 EXCEPTING An its successors and to enter upon said lands, other equipment without TUBE, made the day of MORME POWER CORPORATIONg a raider the laws of the is principal place of business at i the City of Syracuse, Nov Yorkj rt, hereinafter referred to as LEMAN, with offices for business springs. New York 12866, party Star referred to as the O'Lessee•". fIaaETHt of the rents to be paid and by the Lasses sad on the the Lessor does hereby those premises situate, lying and ,bury # County of :!arrest, and State A outline upon print of Lessons hereto and made a part hereof. RVIRG, HOWEVER, unto the Lessor, the right at any and _1 tines foot and with motor vehicles and ty for any damage to any property or growing crops of the Lessee upon said lands. EscsPT' ann sERvsata, HOWEVER, the right to maintain, renew and repai� such towers, poles, lines and pipes as now exist on the purposes of the-transmiss too in UNV7" N hereby leased for the and distribution of OSZT ZLZ OTS& � _ 84:CT —06/C SD� elsctriaity, msssages and Vas and to construct, maintain and 3 toner apse said leased premises any additional towers, poles, linos cad pipes•for said purposes as the Lessor say desire, and to enter at all reasonable times the aforesaid Promises therefor. The tern of this lease shall be for tventy-five (25) years, from the lot day of January, 1989 and continuing to the 31et day of Dscember, 2034, thereafter from year to year unless sooner terainated as hereinafter provided, at. annul rental of _ to be paid annually in advance, together with all tales, assessments and water rents that shall hereafter be levied and become a lion on the Lessee"s Improvements upon said premises during the occupancy thereof by the said Lasses. Rental shall be increased by 650.00 at each five (3) year intsrvalo to the avant that said water rents, taxes and assessments shall be assessed to the Lessor, the Leases agrees to reimburse the Lessor the amount Of said water Yeats, taxes and assessments within thirty (30) days after the payment thereof by the Lessors The Lessor and the Lessee a:preasiy covenant and agree that either party may terminate this lease and the tenancy hereunder at any time during the term of the lease ` upon thirty days# written notice, whereupon the Losses shall surrender the same without demanding or being entitled to receive any rebate of rent paid in advance. +phi.. lease is given upon the zC:Mdg terms aaa conditions't each and all of Which Losses AOI keep and Performs i, said lease is given and atagted subject to any and all outstanding leases, tenanc3ss• easements, licenses er other temsros, and/or elaissst title affecting Lessors said right of way or any portiasEthereof, and aubjoot also to any and all oneambraaoes. Ums, oonditions, restrictions and/or reservations subject to or under which Lessor holds the Sass- Z. Lessee shall so eoustruct asd shall thereafter operate, againtain, repair, r°coastruct, sad/or remove said roadway and parking spaces so as not to injure or damage Leseoris said right of way or injure, dsage or interfere with its electric or gas t ^sm''gion ae distribution linos or other facilities. s, The construction, operatiC04 saintenance. repair, reconstruction and removal of said roadway and Parking spaces shall be accomplished without the aid of cranes, backhoes, and seda%tcal diggers having extensions whose highest point ssaches (or which ;s potentially capable of reaching) within fifteen (is) Cast of the lowest electric conductor on Leaser•) said electric too in 3IdQPTF9 N, SxOt 09ZT ZLZ TT90 St:CT 06/CZ/90 • .. _ _. __ � � �-„�T�� ncci —�'._ -Bt;CT OH;CZ:eQ -4- transmission right of way, and all *TdPmsat shall bs properly grounded. Thers shall bs a s.{nimam bori$ontal Clearance to the nearest struatnre of fifteen (15) feet. 4. she fosses shall ante A) install any unauthorized structure, on the the right of way, b) prevent longitudinal vehicular travel, C) 3taks use of any blasting on the right of ways S. bil earth or soil.distnxbed by the construction, operation, maistenanee, sepaixf reconstraetion, and/or removal of said drivsw&Y and parking area shall be properly backrilled, and the surface thereof restored to its former condition by Lessss at its sole cost and espenss. 6. All rights granted hereunder sha11 be subject and subordinate to rights as follo"I a) she paramount rights of Lessor now and hereafter to occupy and use all or any portion or portions of said olectrio transmission right of way in its operations; provided, however, that any such occupancies or uses &ball not prevent the exercise by Losses of the rights conferred by this rase; and s00t - 9ZNVIr9 R'i0f - - OS�CI 08/CZ/SO BY CT �8/CZ/SO , eoo� -s- b) The right of Lessor from, tiae to time bereafter to grant tO others or to authorise the eccapancy or use by others of any portion or Portions of said electric transmission right of way, for any purpose or parposss whatsoever, provided, however, that any such future grant or authorisation shall not interfere with the rights conferred by this lease. Y• Losses shall, at its own Cost, comply with. applicable laws, ordiaancs, orders, rules and regulations of the vaned States, State Of Now York, of any departments, bureaus•, authorities or commissions created under the laws Of either government and of the wmicipalitios in which said electric transmission right of way is situated, as the same relates to the exercise of the rights, privileges and lease granted hereunder. Be NO provision of this lease shall be deemed to have bean waived by Lessor unless such waiver be in writing signed by the Lessor, This lease shall contain the entire agreement between the parties, and any wMantory agreamant hereafter wade shall be ineffective to change, modify or discharge it in whole or in part unless such executory agreement is in writing and signed by the Lessor. to Lessee shell give LOSSOr at least three (3) - working da78-9 written notice before commencing any work hereunder whether in the initial construction or aLNV-wg K axiof OSZT ZLZ STSiM TS:CT OB/CZ/SO -s- lessor, at its eieation, may have an inspector present at the time or times such work is being executed. such inspector shall have the right and authority to require the modification or cessation of any or all work bersunder, Vhen, in his judgement, snob work is contrary to the provisions of this lease, or is or may become a source of danger to the facilities of Lessor. Zn every such oasej Lessee shall promptly pay Lessor the reasonable cost and evens* of snob Inspection. the presence or absence of Lessorfs inspector shall not ooastitate a waiver of may provisions of this leaseo in case of emergency, however, Lessee may proceed to make immediate repairs upon verbal or telepbonG notice to Lessor of the situation, wbioh said notice Lessee shall follow within three (s) working days thereof with a confirming. letter: 10. Lessee shall promptly reimburse Lessor, upon submission of proper bills, for may and all costs and expenses of changing mad/or relocating Lessor-'s existing facilities, and any and all additional costs and expenses involved in the o0netrGOti0U of new electric facilities made necessary by the installation and presence of driveway cad parking spaces. 11. prior to the commencement of any construction of the driveway and parking spaces 02 use thereof, the -7- policies satisfactory to the Lessor and not subject to cancellation or material ahaage without ten ts.o) days prior orittsn notice to the Lessor have been issued to it, which policies or equally satisfactory renewals or extensions thereof shall be "Ifttained is force sO long as Lessee exercises the rights granted herein as followss A) Public Liability insurance, including contractual coverage, with limits of liability of at least: Bodily Injury $1,000,000 per occurrence $1.000,000 aggregate ProPerty Damage $soo,000 per occurrence B) xi Ss001000 aggregate Niagara Mohawk power Corporation shall be named as additional insured thereunder. 12. The Lessee will indemnify and save harmless Niagara Mohawk power Corporation from any and all Claims, injuries and damages resulting from or caused by the Lessee, its agents and assigns in the performance of installation and use of its crossings 13. Lessee shall reimburse Lessor for all additional taxes and assessments levied against the premises because of Lessee*s occupation and use of it. 14. No dill or change in grade shall be allowed without the prior consent of the Engineering Department of the Lessor, and adequate clearance from the ground to the lowest conductor shall be maintained at all times. . may♦ � ,�� 15. Any notice to be given to the 'fait or under the terms of this lease shall be in writing, addressed to the R, attention of Harry wade, Niagara Mohawk Power Corporation, 3 Warren Street, Glens Pai1s, New York 12801. The data of mailing shah be deemed the date of service of such notice. i6. Lessee may rise the leased premises fora roadway and temporary parking for-j�q cars. Lessee agrees not to store cars or permit long-term parking of disabled vehicles on the leased premises 17. Lessee agrees that no vehicle access shall be permitted off of the paved portion of the leased area. 18, Lessee agrees to place vehicle barriers around 7,e5sor•s pole 17 of the Queensbury-High Street Electrical Transmission Line, around Pale 14 of the 34.5 kv line and around all distribution poles on the leased premises. vehicle barriers sha11 consist of steel vehicle posts ten (10) feet in length and six (6) inches in diameter. The posts shall be filled With concrete capped and painted. The posts shall be installed With five (s) feet of post above grade level and placed so as to protect the Lessor's pole. A minimum of three posts shall be placed around Pole 17 above, to insure that a vehicle cannot travel between the posts. The posts shall be no closer than three (3) feet from the pole surface and shall be installed before vehicu.iar.traffic is permitted to use leased premises. 19. Lessee shall instOl catch basins and adequate drainage facilities to 1mvent increased runoff onto Lessors ProPerty and other adjoining property in the area of the leased premises. IN WlMq= WBM;MOPO the 2sssor has caused this instrument to be executed by its ftly authorized officer and its Corporate seal to be hereunto affixed the day and year first above written and the Lessen has caused this instrument to be executed the daq and year first above written. assistant Secretary and Hanging attorney - East L.S. STATE of IMW YORK: 68. t County of Albany: On this day of 19890 before as personally came ZOSSPB F. ci.BARYs to me known, who being byy me duly sworn did depose and say that he resides at 4 8aapa Ire Way, Schenectady, New York 7-2309, that he is Assistant Secretary and Hanging Attorney -East, of NIAGARA MOSAWK POWER CORPOMMONs the corporation, described in and which executed the foregoing instimuents that he knows the seal of said corporations that the seal affixed to said instrument is such corporate seals that it was so affixed by order of the Board of Directors of said corporation, and that be signed his name thereto by like order. STATE of NEW YORK: County of = • On this day of , 1984 before me personally Came DAVID A. KHAN, to me known and known to me to be the same person in and who executed the foregoing instrument, and be acknowledged to me that he executed the same. r 10 9 P .i �.t 1r • c_�_ . _ - - .. • ! 4'4 V R i• a "r ;I f S • a rr ------- --- - it Af .......... 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