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Application 001111k TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 October 11,2013 Swordfish Realty, LLC 2999 State Route 9L Queensbury,NY 12804 RE: Accessory Structure Tax Map No: 252.-1-75.1 Area Variance Dear Swordfish: I am writing to you to in response to my review of your proposal for a freestanding garage building on your property at 2999 State Route 9L. The property in question is located within our Waterfront Residential, (WR) zoning district. Upon review of your application I find that your garage will require an Area Variance from our Zoning Board of Appeals prior to the issuance of a building permit. Specifically, my review of your plans reveals that the structure in question exceeds the maximum height for an accessory structure on the WR district. This approval is required in addition to the Site Plan Review approval needed by our Planning Board. I understand that you are preparing the necessary application papers, as such,this letter will serve as the necessary denial letter for the processing of your application. Should you have any questions regarding these matters, please do not hesitate to contact me. Sincerely, Town of Queensbury etc- -) Craig Brown Zoning Administrator CB/sh Cc: Hutchins Engineering Jonathan Lapper L:ICraig Brown\2013 Letters\Denial Swordfish I0_11_13.doc "HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE" SETTLED 1763 Area Variance Revised June 2009 • Pre-Submission Conference Form 1179-4-0401 1. Tax Map ID 252 . 00-1-75 . 1 2. Zoning Classification WR (Waterfront Residential) 3. Reason for Review: Height Variance 4. Zoning Section #: 1 74- S �G X ( cCQ`L,S1-1 d)-Q 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-� t1 'c hO5 Additional Project Information Complete V Yes No FAR addressed — Yes No Compliance with Zoning Ordinance —7 Yes No Checklist items addressed Yes V/No Environmental Form completed Yes �jNo Signature Page completed Yes ✓✓ No — A ('e c t 4 .Qc 5e5 4D I 1 i �3 s4 f vii „�.� �e C �� c p ��rur,e MG•�-(1bP�L.nc�P ��6,� P,J�I�`CJ �-k-Ck2chxQ - ca U cec ( Lv41- C 1: e ec) 41f&c d,14 . Y-PNv.S_ U17_ U iac.k C I4 It 0- , tee-►S irOj/ N-c,-L.) SE-62g_ s�ct ci c-, ee pcic e Staff Representative: _ : v rG 1/'cite Applicant/Agent: I NEP Date: (0 IlLalnir Town of Queensbury•Zoning Office•742 Bay Road• Queensbury, NY 12804.518-761-8238 6 PAUL E.PONTIFF BARTLETT,PONTIFF,STEWART&RHODES,P.C. • RICHARD J.BARTLETT • ALAN R.RHODES Retired ROBERT S.MCMILLEN ATTORNEYS AT LAW PHILIP C.MCINTIRE P.O.BOX 2168 JESSICA C.BORIS NE VINSON MARK A.LEBOWrIZ ONE WASHINGTON STREET BRIAN C.BORIS J.LAWRENCE PALTROWI7Z MALCOI M B.O'HARA GLENS FALLS,NEW YORK 12801-2168 PATRICIA E.WATKINS ROBERT S.STEWART MARK E.CERASANO 1932-2001 BRUCE O.LIPINSKI TELEPHONE(518)792-2117 /'\ BE M J.DUBE PAULA NADEAU BERME FAX(518)792-3309 4. 1916-1999 JONATHAN C.LAPPER EMAIL'infw6 bpsrlaw.com BENJAMIN R.PRATT,JR. WEBSITE www.bpsrliw.com EH.EEN M.HAYNES JAMES R.BURKETT SERVICE BY FACSIMILE NOT ACCEPTED STEFANIE DILALLO BITTER i Rog'. D K4RLA WILLIAMS BUETTNER ELISABETH B.MAHONEY • JOHN D.WRIGHT October 15,2013 OCT 1 5 2013 TOWN OF QUEENSBURY Chairman Steve Jackoski ZONING OFFICE Zoning Board of Appeals Town of Queensbury 742 Bay Road Queensbury New York 12804 Re: Swordfish Realty LLC 2999 NYS Route 9L Tax Map Parcel 225.-1-75.1 Dear Chairman Jackoski: Please be advised that our firm represents Swordfish Realty LLC with regard to its request to construct an accessory structure which would be 40'X 60' in size. Swordfish Realty LLC, recently purchased the Dunham's Bay Resort. In an effort to improve this longstanding resort, the Applicant is seeking a height variance so that it can constructed this proposed structure. This structure will replace an existing pole barn, which will be demolished. The existing barn is in poor condition and removing this structure and replacing it will be a step toward improving the aesthetics of the site. The purpose for this building is for equipment storage downstairs with office space upstairs. In designing this building,the Applicant wanted to consolidate uses so that two separate buildings would not have to be construct. As you know, constructing two separate buildings would increase the project's site disturbance. In proceeding with this plan, it was discovered that because this structure is viewed as an accessory structure,not a principal structure, under the Town Code the height is limited to 16 feet. However, a 16 foot structure would not provide sufficient space for both storage and offices as the Applicant is seeking to accomplish. Although the proposed structure would be similar in height to a principal structure, due to this being a resort use,this should not be viewed as a negative impact. In fact, the proposed 28 feet in height, would not create any adverse impacts to adjacent lands, since the resort owns over 130 acres and it would not block any views,nor would it exceed the height of any adjacent landowner's buildings. This building will blend with the character of the resort setting and would improve Chairman Steve Jackoski Zoning Board of Appeals Page Two October 15, 2013 the operations of the resort. The Applicant is proposing to incorporate a parking lot for this building as well as to construct a new septic system and storm water controls for this project. Overall the granting of this area variance to allow this project to be completed as proposed will not result in any adverse impacts to the neighborhood or community. I have enclosed the Area Variance Application,the Plan Sheets, as well as the Application Fee. If you would please place this on your November agenda. If you have any questions please contact me or Attorney Stefanie DiLallo Bitter. Very truly yours, BARTLETT,PONTIFF, STEWART &RHODES,P.C. By: I Jo a an C. La. t r, Esq. D" t#: (518)832-6434 i ect Fax#: (518)824-1034 rest E-Mail:jcl @bpsrlaw.com JCL: cc: Tom Hutchins PE Rich Gordon Tom Albrecht #345183 • Area Variance Revised June 2009 • General Information Tax Parcel ID Number: 252 . 00-1-75 . 1 Zoning District: WR (Waterfront Residential) Detailed Description of Project [includes current&proposed use]: Applicant is seeking a height variance for a 40 ' X 60 ' accessory structure Location of project: 2999 State Route 9L Applicant Name: Swordfish Realty, LLFAddress: 2999 State Route 9L Queensbury NY 12804 Home Phone Cell: Work Phone Fax E-Mail: Agent's Name: Hutchins Engineering Address: 169 Haviland Road Queensbury NY 12804 Home Phone Bartlett Pontiff Cell: One Washington Street Stewart & Rhodes PO Box 2168 Work Phone Fax Glens Falls NY E-mail 'thutchinsghutcfiinsenginee ring. com jcl@bpsrlaw.com 832-6434 (jcl) 745-0307 (Hutchins) 824-1034 fax 745-0308 fax Owner's Name Address Home Phone same as applicant Cell Work Phone Fax E-mail Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804.518-761-8238 1 Area Variance Revised June 2009 Site Development Data Area/Type Existing sq. ft. Proposed Total sq. ft. Addition sq.ft. A. Building footprint 11, 708 SF 11, 708 SF B. Detached Garage C. Accessory Structures) 2210 SF 290 SF 2500 SF D. Paved, gravel or other hard surfaced area 86, 790 SF 3435 SF 90, 225 SF E. Porches/ Decks F. Other (Guest Cabins, Block Bldg) 17, 845 SF 17, 845 SF G. Total Non-Permeable [Add A-F] 118, 553 SF 3725 SF 122, 278 SF H. Parcel Area [43,560 sq. ft. /acre] 589, 890 SF 589, 890 SF 589, 890 SF I. Percentage of Impermeable Area of Site [I=G/H] 20 . 1% . 6% 20 . 7% Setback Requirements Area Required Existing Proposed Front[1] 30 ' 0 ' (NORTHEAST HSE) 465 . 9 ' (NEW BLDG) Front[2] 30 ' 89 . 8 ' (608SF CABIN) 489 . 5 (NEW BLDG) Shoreline Side Yard [1] (EAST) 25 ' 133 . 9 ' (BARN) 125 .4 ' (NEW BLDG) Side Yard [2] Rear Yard [1] (EAST, OPP. ALEXY) 30 ' 35 . 8 ' (NEAST HSE) 76 . 0 ' (NEW BLDG) Rear Yard [2] (OPP. RT 9L) 30 ' 154 .6 (1450 SF CAB) 737 .3 ' (NEW BLDG) Travel Corridor Height[max] 16 ' VARIES 27. 95 ' Permeability 75% 79 . 9% 79 .3% No. of parking spaces 7 (NEW BLDG) VARIES 8 (NEW BLDG) Town of Queensbury•Zoning Office•742 Bay Road •Queensbury, NY 12804•518-761-8238 2 Area Variance Revised June 2009 Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? NO 2. If the parcel has previous approvals, list application number(s): 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? NO 4. Estimated project duration: Start Date FALL 2013 End Date 5/2014 5. Estimated total cost of project: $200, 00 0 6. Total area of land disturbance for project: 29, 000 SF 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 589, 890 SF sq. ft. Existing Floor Area 55, U8U sq. ft. [see above definition] Proposed Additional Floor Area 2690 (290+2400 2ND FLRiq. ft, Proposed Total Floor Area 57, 770 sq. ft. Total Allowable Floor Area 129, 7 '6 Area x ) [see above table] Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238 3 Area Variance Revised June 2009 Compliance with Zoning Ordinance Requesting relief from SECTION: 11 1— S-b ab OW-Do Do r Need relief from the requirement(s) listed below which can not be met by the project as proposed. [Check all that apply) • Setback ❑ Buffer Zone ❑ Lot Width N Other Height The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? No the proposed building will be placed in a similar location to the older barn that is being demolished and will not impair any views of adjacent landowners. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? The Applicant is seeking to construct the accessory structure at this height so that they can incorporate offices on the second floor. Without including offices in this structure, a separate building would have to be constructed which would result in more impacts to the property. 3. Whether the requested area variance is substantial? Not when considering that not allowing this building at this height will force the applicant to construct another building and further impact the property. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No, since the building is being constructed in a similar area that the old barn that is being removed is currently located. 5. Whether the alleged difficulty was self-created? This should not be considered a self-created difficulty, when the Applicant is trying to limit the impacts to the parcel by consolidated these two needed uses in the one structure. Town of Queensbury•Zoning Office•742 Bay Road• Queensbury, NY 12804•518-761-8238 4 Area Variance Revised June 2009 Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. A. GENERAL SHOWN ON SHEET* 1 Title,Name,Address of applicant&person responsible for preparation of drawing S-1 2 Deed enclosed 3 North arrow,Tax Map ID,date prepared and scale[minimum 1In.=40 ft.] S-1 4 Boundaries of the property plotted to scale,zoning boundary Site Plan 5 Principal structures,accessory structures with exterior dimensions 6 Site improvements incl.outdoor storage areas,driveways,parking areas,etc.: existing&proposed Site Plan Site P1 an 7 Setbacks for all structures and improvements: existing&proposed Site Plan 8 Elevations and floor plans of all proposed and affected structures bldg e 1 ev. B. WATER&SEWER SHOWN ON SHEET# 1 Project sewage disposal facilities,design details,construction details,flow rates,and number of bedrooms proposed detail sheets 2 Water supply[i.e.well]&septic on adjoining lots with separation distances to existing or proposed on-site water supply and site plan/det septic 3 Separation distances for proposed sewage disposal system to well and water bodies site plan 4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location, design and construction of water supply including daily water usage G i t-P P 1 an 5 Percolation test location and results site plan C. PARKING/PERMEABLE AREAS SHOWN ON SHEET# 1 Number of spaces required for project including calculations and justification: existing&proposed site plan 2 No.of existing parking spaces,number to be removed,number to maintain and type of surfacing material[e.g.,gravel,paved] site plan 3 Provision for pedestrian and handicap access and parking: existing&proposed site plan 4 Design details of ingress,egress,loading areas and cutting: existing&proposed site plan 5 Location and character of green areas[existing and proposed],modification to green area,buffer zone to remain undisturbed site plan 6 Lighting,location and design of all existing and proposed outdoor lighting site plan D. ADDITIONAL SITE DEVELOPMENT AND MISCELLANEOUS SHOWN ON SHEET# 1 On-site&adjacent watercourses,streams,rivers,lake and wetlands site plan 2 Utility/energy distribution system[gas,electric,solar,telephone]: existing proposed site plan 3 Location,design and construction details of all existing and proposed site improvements including: drains,culverts,retaining detail sheet walls,fences,fire&emergency zones and hydrants,etc. 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & proposed site plan e Signage: Location,size,type,design and setback: existing&proposed site plan f Waiver Request: provide letter with application requesting any waivers: please reference specific items n/a g Commercial/Industrial Development requires submission of Landscaping,Stormwater Management,Grading&Lighting Plans detail h Identification of Federal,State or County permits required for the project together with a record of application for all necessary permits Town of Queensbury•Zoning Office•742 Bay Road• Queensbury, NY 12804•518-761-8238 5 • Area Variance Revised June 2009 Signature Page This page includes the 1.)Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.)Authorization for Site Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant Owner. Swordfish Realty LLC Designates: Bartlett Pontiff Stewart & Rhodes PC As agent regarding: •ariance Site Plan Suunivisiontchins Engineering For Tax Map No.: '.e ion Block Lot Deed Reference: yy�� :, Page Date OWNER SIGNATURE: . . , ' DATE: jOi S . 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 applicants responsibility to obtain any additional permits. 5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application,and minutes transcribed from those tapes constitutes the official record of all proceedings. 6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to issuance of a valid permit I certify that the application, plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents,will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as-built survey by a licensed land surveyor of all r-wly constructed facilities prior to issuance of a certificate of occupancy I have re-- :4ree / above. 4the 4rn 4.7 -e/�i - .Ai . ?'d n-- 1/470-3 • 4 , . pi Pri a I- [Applicant] [ at igne - lli - r_'na ur [A•='t] Print ame[Agent] Date sign To • •ueensbury•Zoning Office•742 Bay Road•Queensbury,NY 12804•518-761-8238 9 • Instructions for Completing 617.20 Appendix B Short Environmental Assessment Form Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Swordfish Realty LLC Project Location(describe,and attach a location map): 2999 State Route 9L Brief Description of Proposed Action: Applicant is seeking a height variance for a 40'X 60'accessory structure. Name of Applicant or Sponsor: Telephone: Swordfish Realty LLC E-Mail: Address: 2999 State Route 9L City/PO: State: Zip Code: Queensbury NY 12804 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that 0 may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: El Queensbury Planning Board-Site Plan Review NI 3.a.Total acreage of the site of the proposed action? 13.54 acres b.Total acreage to be physically disturbed? less than 1 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 131.99 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial m Commercial DResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic DOther(specify): DParkland Page 1 of 4 • 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ 0 ❑ b.Consistent with the adopted comprehensive plan? ❑ s ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ 0 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify:The property is on Lake George. I 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES 0 ❑ b.Are public transportation services)available at or near the site of the proposed action? ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: Yes we will meet the code requirements. r1 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ existing well on site. 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ New septic proposed on site. 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ b.Is the proposed action located in an archeological sensitive area? ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ ■ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? 0 ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: m Shoreline m Forest ❑Agricultural/grasslands ❑Early mid-successional m Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑ 16.Is the project site located in the 100 year flood plain? NO YES lit I 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO EYES 0 ❑ b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO DYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: on 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: NI ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: l l I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE f,-,., _ Appl • cur name: t' 7' ,�( �' Date: i ' • I ; SigtiliwAtik Part 2-Impact Assessment. The gencyis'iresponsible for the completion of Part 2. Answer all of the following I questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? CI 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the El establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT I Page 4 of 4 vvt-V�ttri 1 z 'Jun 1_1150n • WARREN COUNVLUME : 4693 PAGE: 20-, PAMELA J. VOGEL COUNTY CLERK 111011111111 Lake George, NY 12845 50 2013'00001500 Volm-4693 Pg-202 Instrument Number: 2013- 00001500 As Recorded On: February 20, 2013 Deed Commercial or Vacant Parties: CAPITAL REGION PROPERTIES LLC To SWORDFISH REALTY LLC Billable Pages: 12 Recorded By: BORGOS & DELSIGNORE Num Of Pages: 13 Comment: ** Examined and Charged as Follows: ** Deed Commercial or Vacant 100.00 Cover Page 5.0C RP-5217 Commercial 250.00 TP-584 5.00 Recording Charge: 360.00 Consideration Amount Amount RS#/CS# Transfer Tax 10,468.00 2,616,852.00 TT 1420 Basic 0.00 QUEENSBURY Local 0.00 Special Additional 0.00 Additional 0.00 Transfer 10,468.00 Tax Charge: 10,468.00 RECORDED County Clerks Office Feb 20,2013 11:374 Pamela. J. Vogel Warren Counts Clerk ** THIS PAGE IS PART OF THE INSTRUMENT** I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY File Information: Record and Return To: Document Number: 2013- 00001500 THOMPSON HINE LLP Receipt Number. 288761 335 MADISON AVENUE 12TH FLOOR Recorded Date/Time: February 20, 2013 11:37:52A ATTN MARIO J SUAREZ ESQ Book-Vol/Pg: Bk-RP VI-4693 Pg-202 NEW YORK NY 10017 Cashier/ Station: L Burke / Cash Station 1 • DOCUMENT- 00001500 VOLUME-' 4693 PAGE: 203 DC- 2.PT BARGAIN AND SALE DEED Sue 1 t�` 6 L THIS INDENTURE,made the day of February two thousand thirteen BETWEEN CAPITAL REGION PROPERTIES,LLC,a New York limited Iiability company having an address at 2999 State Route 9L,Lake George,New York 12845 !OS party of the first part, and ZSe SWORDFISH REALTY LLC, a Delaware limited liability company having an address in care of Richards Kibbe & Orbe LLP, One World Financial Center,New York,New York 10281, } party of the second part. WITNESSETH,that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the County of Warren, Town of Queensbury, and State of New York, as more particularly described on Schedule "A" attached hereto. TOGETHER with all of right, title and interest of the party of the first part in and to all easements, rights of way, and other rights appurtenant to the above described premises, and all of the right,title and interest of the party of the first part, if any, in and to the land lying in the bed of any street or highway, opened or proposed,abutting, in front of or adjoining the above described premises, to the center line of such street or highway, and in and to any strips or gores abutting or adjacent the above described premises; TOGETHER with all of the right,title and interest of the party of the first part in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to the above described premises by reason of change of grade or a closing of any such street or highway,together with all right, title and interest of, in and to any streets and roads abutting the above described premises; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to the above described premises; TO HAVE AND TO HOLD the above described premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of tfie second part forever. 229674.5 DOCUMENT-4 00001500 • VOLUI'IE: 4693 PAGE: 204 AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the 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. AND all members of the party of the first part have duly authorized the sale of property described in Schedule A herein and the sale does constitute all or substantially all of the assets of the party of the first part. The word"party" shall be construed as if it read "parties"whenever the sense of the indenture so requires. 229674.5 , . , • - DOCUMENTS 00001500 VOLUME: 4693 PAGE: 205 IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: CAPITAL REGION PROPERTIES, LLC By. /� ! � - Print Name N. e: Alan GnldstPin Title: Member State of New York ) ) ss.: County of Albany ) On the 8 day of February in the year 2012,before me,the undersigned, a Notary Public in and for said State,personally appeared Alan Goldstein . personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and 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 behalf of which the individual acted, executed the instrument. ',;,;-fir `f S.N1ANEY r_ . g' ,�nr otary Public FC _pi I I • 2296745 • DOCUMENT-I.: 00001500 VOLUME: 4693 PAGE: 206 SCHEDULE A LEGAL DESCRIPTION [See attached] 224674.5 • DOCUMENT4 00001500 VOLUME : 4693 PAGE: 207 SCHEDULE A Property Description 2999 STATE ROUTE 9L PARCEL A: ALL THAT CERTAIN PIECE,PARCEL OR LOT OF LAND situate, lying and being in the Town of Queensbury, County of Warren and the State of New York,more particularly bounded and described as follows: BEGINNING at a stone pile found at the southwest corner of lands now or formerly of Dunham's Bay Boat Company, Incorporated(567/34). 1. Thence N 73 degrees, 38 minutes 50 seconds E, along Dunham's Boat Company, Incorporated(567/34), Gary and Geraldine P. Banta (685/404) and lands of the People of the State of New York (616/379) 2,500.82 feet to a point in a wetland; 2. Thence through said wetlands the following four courses and distances: a. S 09 degrees 06 minutes 13 seconds W, 924.31 feet; b. S 37 degrees 06 minutes 13 seconds W, 1188.39 c. S 24 degrees 06 minutes 13 seconds W, 1980.66 d. N 06 degrees 54 minutes 00 seconds W, 931.04 feet along the division line of Lots 12 and 32 of the French Mountain Tract, to a point at or near the edge of the aforementioned wetland; 3. Thence the following nineteen(19) courses and distances along a wetland taking by the People of the State of New York(592/338): a. S 57 degrees 54 minutes 50 seconds W, 60.78 feet; b. N 81 degrees 35 minutes 40 seconds W, 31.34 feet; c. S 12 degrees 18 minutes 50 seconds W, 203.27 feet; d. S 16 degrees 23 minutes 30 seconds W, 231.23 feet; e. S 24 degrees 29 minutes 40 seconds E, 112.28 feet; f. S 21 degrees 43 minutes 10 seconds W, 90.23 feet; g. N 66 degrees 59 minutes 00 seconds W, 108.62 feet; h. N 16 degrees 49 minutes 00 seconds W, 65.30 feet; i. N 32 degrees 10 minutes 30 seconds W, 295.81 feet; j. N 58 degrees 45 minutes 40 seconds W, 143.33 feet; k. N 65 degrees 46 minutes 30 seconds W, 130.82 feet; I. N 12 degrees 04 minutes 10 seconds W, 153.35 feet; m. N 28 degrees, 25 minutes 30 seconds W, 113.44 feet; n. N 35 degrees 03 minutes 00 seconds W, 169.92 feet; o. N 25 degrees 05 minutes 30 seconds W, 248.83 feet; p. N 23 degrees 28 minutes 20 seconds W, 216.78 feet; q. N 32 degrees 26 minutes 20 seconds W, 111.73 feet; r. N 00 degrees 11 minutes 20 seconds E, 147.36 feet; • VOLUME E4693 PAGL,: 208 s. N 32 degrees 40 minutes 20 seconds W, 196.09 feet to a point being in the southwest corner of lands now or formerly of Kathleen Salvador(564/362); 4. Thence N 63 degrees 53 minutes 00 seconds E,along Salvador (564/362), 245.39 feet to a point being the southeast corner of Salvador and the southwest corner of a subdivision of lands of Alexy; 5. Thence N 63 degrees 53 minutes 00 seconds E, along said subdivision, 350 feet to a point being the southeast corner of said Alexy subdivision and the southwest corner of a parcel identified as Tax Map 10-1-17.1; 6. Thence the following two (2) courses and distances along the parcel identified as Tax Map 10-1-17.1; a. N 63 degrees 53 minutes 00 seconds E, 306.29 feet; b. N 18 degrees 08 minutes 40 seconds W, 604.04 feet to the point and place of beginning, containing 118.45 acres to be the same more or less. PARCEL.B: ALL THAT CERTAIN PIECE,PARCEL, OR LOT OF LAND situate, lying and being in the Town of Queensbury, County of Warren and the State of New York,more particularly bounded and described as follows: BEGINNING at a stone pile found at the southwest corner of lands now or formerly of Dunham's Bay Boat Company, Incorporated(567/34), 1. Thence along Tax Map Parcel 10-1-17.4 the following two (2) courses and distances: a. S 18 degrees 10 minutes 00 seconds E, 604.21 feet; b. S 63 degrees 53 minutes 00 seconds W, 306.29 feet to a point being the southeast corner of a subdivision of lands of Fred Alexy; 2. Thence the following two (2) courses and distances along said Alexy subdivision: a. N 26 degrees 07 minutes 00 seconds W, 463.95 feet; b. S 63 degrees 53 minutes 00 seconds W, 150.0 feet to a point on the easterly bounds of Alexy Lane, a Town of Queensbury road; 3. Thence the following three (3) courses and distances along said Alexy Lane: a. N 26 degrees 07 minutes 00 seconds W, 50.99 feet; b. S 75 degrees 05 minutes 00 seconds W, 114.13 feet; c. N 15 degrees 15 minutes 00 seconds W, 674.57 feet to the southerly bounds of New York State Route 9L. 4. Thence the following three(3) courses and distances along Route 9L: DOCUMENTS 00001500 VOLUME: 4693 PAGE: 209 a. N 61 degrees 07 minutes 27 seconds E, 192.31 feet; b. N 40 degrees 18 minutes 40 seconds E, 180.80 feet; c. N 29 degrees 35 minutes 30 seconds E, 50.29 feet; to the northwest corner of lands now or formerly of JoAnn M. Powers, Judy E. Shea and John E. Schriner (1100/158); 5. Thence along Powers, Shea and Schriner(1100/158) S 41 degrees 31 minutes 00 seconds E, 646.17 feet to a tall square iron pipe found in a stone pile on the westerly bounds of the aforementioned Dunham's Bay Boat Company, Inc. (567/34); 6. Thence S 01 degrees 37 minutes 00 seconds W along the west line of Dunham's Bay Boat Company, Inc., 99.50 feet to the point and place of beginning, containing 13.54 acres to be the same more or less. TOGETHER with right to an easement for view of the waters of Lake George,more specifically, that no structure of over one (1) story in height shall be constructed on property now or formerly of the John Salvador, Jr. and Kathleen A. Salvador which shall obstruct the view of Lake George of the above described parcel conveyed. TOGETHER with a right-of-way in common with others over property now or formerly owned by John Salvador Jr. and Kathleen A. Salvador to the shores of Lake George for the purposes of bathing(swimming) only. The above specified right of beach access easement over lands now or formerly of Salvador over what is described as the Marina Tract, and at auction as Tract#3 for the purposes of bathing(swimming) only, is specifically restricted to entirety if and when this parcel hereby conveyed and described herein as Parcel B ceases to be used as a Lodge providing accommodations as forth above, for a period of twelve(12) consecutive months, or is converted to include any other use. In the event of the extinguishment of such easement, all rights in relation thereto shall revert,automatically, without further action. Said right of way and easement is further set forth in a deed to Grantors herein recorded March 22,2001 in Liber 1208 of Deeds at page 24. TOGETHER with an easement for a certain encroachment of the tennis court which is situated on the parcel of land conveyed hereby,but which encroaches onto the lands of the property of John Salvador more commonly known and described on a subdivision map as Lot#6 of the Alexy Lane Subdivision. Said easement shall be limited to and shall be exclusively for the purpose of access, use maintenance, repair and upkeep of that portion of the tennis court which is encroaching onto said Lot#6, and the right to enter upon a perimeter of three (3) feet in width around said encroaching portion of said tennis court for the above stated purposes only. This easement shall cease and shall be extinguished in its entirety at such time as the tennis court shall be removed, ceases to be used as a tennis court or the Lodge period of twelve(12) consecutive months, or is converted to include any other use. In the event of the extinguishment of such easement, all rights in relation thereto shall revert automatically, without further action, to the parties of the first part,their heirs, successors and or assigns DOCUMENT- 00001500 VOLUME: 4693 PAGE: 210 • Bearings in the above description refer to grid North. The above "more modern"description was provided by Van Dusen & Steves Licensed Land Surveyors and was created per a Map of a Survey made for Swordfish Realty, LLC. As a result of inconsistencies with the above surveyor's description the party of the first part, does hereby remise, release, and quitclaim unto the party of the second part, and assigns forever, their interest in the current property descriptions of record which are described as follows: 2999 STATE ROUTE 9L PARCEL A: ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND situate, lying and being in the Town of Queensbury, County of Warren and State of New York, more particularly bounded and described as follows: BEGINNING at a stone pile found at the southwest corner of lands now or formerly of Dunham's Bay Boat Company,Incorporated (567/34), 1. Thence N 73 degrees 38 minutes 50 seconds E, along Dunham's Boat Company, Incorporated (567/34), Gary and Geraldine P. Banta (685/404 and lands of the People of the State of New York (616/379) 2,500.82 feet to a point in a wetland; 2. Thence through said wetlands the following four courses and distances: a. S 09 degrees 09 minutes 47 seconds W,924 feet; b. S 37 degrees 05 minutes 30 seconds W, 1188 feet; c. S 24 degrees 05 minutes 30 seconds W, 1980 feet; d. N 06 degrees 54 minutes 00 seconds W, 931.04 feet along the division line of Lots 12 and 32 of the French Mountain Tract, to a point at or near the edge of the aforementioned wetland; 3. Thence the following nineteen (19) courses and distances along a wetland taking by the People of the State of New York (592/338): a. S 57 degrees 54 minutes 50 seconds W, 60.78 feet; b. N 81 degrees 35 minutes 40 seconds W,31.34 feet; c. S 12 degrees 18 minutes 50 seconds W,203.27 feet; d. S 16 degrees 23 minutes 30 seconds W,231.23 feet; e. S 24 degrees 29 minutes 40 seconds E, 112.28 feet; f. S 21 degrees 43 minutes 10 seconds W,90.23 feet; • • • DOCUMENT- 00001500 • VOLUME • 4693 PAGE: 211 g. N 66 degrees 59 minutes 00 seconds W, 108.62 feet; h. N 16 degrees 49 minutes 00 seconds W, 65.30 feet; i. N 32 degrees 10 minutes 30 seconds W,295.81 feet; j- N 58 degrees 45 minutes 40 seconds W, 143.33 feet; k. N 65 degrees 46 minutes 30 seconds W, 130.82 feet; 1. N 12 degrees 04 minutes 10 seconds W, 153.35 feet; m. N 28 degrees 25 minutes 30 seconds W, 113.44 feet; n. N 35 degrees 03 minutes 00 seconds W, 169.92 feet; o. N 25 degrees 05 minutes 30 seconds W, 248.83 feet; p. N 23 degrees 28 minutes 20 seconds W, 216.78 feet; q. N 32 degrees 26 minutes 20 seconds W, 111.73 feet; r. N 00 degrees 11 minutes 20 seconds E, 147.36 feet; s. N 32 degrees 40 minutes 35 seconds W, 196.12 feet to a point being in the southwest corner of lands now or formerly of Kathleen Salvador (564/362); 4. Thence N 64 degrees 12 minutes 56 seconds E, along Salvador(564/362),246.91 feet to a point being the southeast corner of Salvador and the southwest corner of a subivision of lands of Alexy; 5. Thence N 63 degrees 53 minutes 00 seconds E, along said subdivision, 350 feet to a point being the southeast corner of said Alexy subdivision and the southwest corner of a parcel identified as Tax Map 10-1-17.1; 6. Thence the following two (2) courses and distances along the parcel identified as Tax Map 10-1-17.1; a. N 63 degrees 53 minutes 06 seconds E,306.33 feet; b. N 18 degrees 08 minutes 40 seconds W, 604.04 feet to the point and place of beginning. PARCEL#B: ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND situate, lying and being in the Town of Queensbury, County of Warren and State of New York, more particularly bounded and described as follows: BEGINNING at a stone pile found at the southwest corner of lands now or formerly of Dunham's Bay Boat Company, Incorporated (567/34), 1. Thence along Tax Map Parcel 10-1-17.4 the following two (2) courses and distances: a. S 18 degrees 08 minutes 40 seconds E, 604.04 feet; b. S 63 degrees 53 minutes 06 seconds W, 306.33 feet to a point being the southeast corner of a subdivision of lands of Fred Alexy; 2. Thence the following two (2) courses and distances along said Alexy subdivision: a. N 26 degrees 08 minutes 29 seconds W,463.95 feet; b. S 63 degrees 53 minutes 00 seconds W, 150.0 feet to a point on the easterly bounds of Alexy Lane, a Town of Queensbury road; • • "3.. • Thence the following three (3) courses and distances along said Alexy Lane: DOCUMENT4 0000I500 . • a. N 26 degrees 07 minutes 00 seconds W, 50.99 fee VOLUME: 4693 PAGE: 212 b. S 75 degrees 05 minutes 00 seconds W, 114.13 feet; c. N 15 degrees 14 minutes 59 seconds W. 691.45 feet to the southerly bounds of New York State Route 9L. 4. Thence the following three (3) courses and distance along Route 9L: a. N 59 degrees 52 minutes 00 seconds E, 179.45 feet; b. N 45 degrees 34 minutes 50 seconds E, 181.00 feet; c. N 35 degrees 13 minutes 20 seconds E, 51.43 feet; to the northwest corner of lands now or formerly of JoAnn M. Powers,Judy E, Shea and John E. Schriner(1100/158); 5. Thence along Powers, Shea and Schriner (1100/158) S 41 degrees 31 minutes 00 seconds E, 647 feet to a tall square iron pipe found in a stone pile on the westerly bounds of the aforementioned Dunham's Bay Boat Company, Inc. (567/34); 6. Thence S 01 degrees 37 minutes 00 seconds W along the west line of Dunham's Bay Boat Company, Inc., 99.50 feet to the point and place of beginning. TOGETHER with right to an easement for view of the waters of Lake George,more specifically,that no structure of over one (1) story in height shall be constructed on property now or formerly of the John Salvador, Jr. and Kathleen A. Salvador which shall obstruct the view of Lake George of the above described parcel conveyed. TOGETHER with a right-of-way in common with others over property now or formerly owned by John Salvador Jr. and Kathleen A. Salvador to the shores of Lake George for the purposes of bathing(swimming) only. The above specified right of beach access easement over lands now or formerly of Salvador over what is described as the Marina Tract, and at auction as Tract#3 for the purposes of bathing(swimming) only, is specifically restricted to entirety if and when this parcel hereby conveyed and described herein as Parcel B ceases to be used as a Lodge providing accommodations as forth above, for a period of twelve (12) consecutive months, or is converted to include any other use. In the event of the extinguishment of such easement,all rights in relation thereto shall revert automatically, without further action. Said right of way and easement is further set forth in a deed to Grantors herein recorded March 22, 2001 in Liber 1208 of Deeds at page 24. TOGETHER with an easement for a certain encroachment of the tennis court which is situated on the parcel of land conveyed hereby,but which encroaches onto the lands of the property of John Salvador more commonly known and described on a subdivision map as Lot#6 of the Alexy Lane Subdivision. Said easement shall be limited to and shall be exclusively for the purpose of access, use maintenance,repair and upkeep of that portion of the tennis court which is encroaching onto said Lot#6, and the right to enter upon a perimeter of three(3) feet in width around said encroaching portion of said tennis court for the above stated purposes only. This easement shall cease and shall be extinguished in its entirety at such time as the tennis court shall be removed, ceases to be used as a tennis court or the Lodge period of twelve(12) consecutive months, or is converted to include any other use. In the event of the extinguishment of such easement, all rights in relation thereto shall revert automatically, without further action,to the parties of the first part,their heirs, successors and or assigns DOCUMENT 00001500 - VOLUME= 4693 PAGE: 213 BARGAIN AND SALE DEED CAPITAL REGION PROPERTIES,LLC TO SWORDFISH REALTY LLC SECTION 252 BLOCK 1 LOT(S) 75.1 and 75.4 • TOWN: QUEENSBURY COUNTY: WARREN TAX BILLING ADDRESS: Richards Kibbe & Orbe LLP, One World Financial Center,New York, New York 10281 Attn: William Q. Orbe, Esq. 229674-5 • DOCUMEMTO 00001500 VOLUME: 4693 PAGE: 214 RETURN BY MAIL TO: Thompson Hine LLP 335 Madison Avenue (I2th Floor) New York,New York 10017 Attention: Mario J. Suarez, Esq. 229674.5