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VISION Engineering CIVIL • STRUCTURAL • MUNICIPAL • ENVIRONMENTAL October 15. 2013 Q 1 H-3 pz+� Town of Queensbury Community Development Department 742 Bay Road Queensbury, NY 12804 RE: Cerrone Builders Inc. 29-Lot Conservation Subdivision — Preliminary Stage Submission Attn: Craig Brown VISION Engineering, LLC and Little & O'Connor Attorneys. P.C. represent the above Applicant in the matter of obtaining subdivision approval for a 29-lot conservation subdivision proposed on 29.49 acres of land north of Sweet Road. The project is located in the MDR zone and will be serviced by the existing municipal water district and a proposed sewer district extension. The Preliminary Stage documents have been designed to comply with the conservation subdivision requirements of Chapter A183 of the Town Code Article X. We have also incorporated previous project comments from staff, the Fire Marshal, and the Planning Board identified during Sketch Plan conducted in October/November of 2012. Attached you will find (14) copies plus an original of the following documentation; 1. Preliminary Stage Subdivision Application and Fee 2. Preliminary Stage Site Plan Drawings C-1 through C-17 3. Survey by Van Dusen & Steves Land Surveyors 4. Storm Water Pollution Prevention Plan (SWPPP) 5. Deed — Exhibit A 6. Previous Comments from Staff and the Fire Marshal — Exhibit B 7. Environmental Report by Roberts Environmental Consulting Inc. — Exhibit C 8. Cultural Resource Report by Curtin Archaeological Consulting Inc. — Exhibit D 9. NYSDEC Long Form EAF — Exhibit E 10. Example House Plan Renderings/Plans — Exhibit F 11. TB Resolution — Route 9 Sanitary Sewer District Extension #2 — Exhibit G In addition, during Sketch Plan Review our Client proposed to the Planning Board several waivers along with changes to the planned bulk requirements for the subdivision, as authorized by the Town Code and Conservation Subdivision Regulations. Our Client would like to formally request waivers/modifications from submission requirements and/or subdivision regulations and bulk requirements as follows; a. Road Length — the road length exceeds the maximum 1000 feet per 183-27. We propose to mitigate traffic and safety related concerns by proposing a boulevard style entrance and loop road which eliminates any dead end condition. b. Sidewalks — since the project is designed as a conservation subdivision we do not propose sidewalks in order to minimize runoff and impervious surfaces. Alternatively we provide walking trails throughout the subdivision for pedestrian use. c. Lot Size, Lot Width, & Side Setback— as proposed, in accordance with conservation subdivision regulations, the project includes more than 50% open/gteen space which requires reduction of 16 Pearl Street•Suite 200 •Glens Falls, NY•12801 •P: 518.792.9264• F: 518.792.9282 www.visionengineering.org lot parameters and/or bulk requirements. The project proposes a minimum lot size of 0.282 acres. minimum lot width of 90 feet, and side setbacks of 10 feet. More details are provided on the Subdivision Plan Drawing C-3 and Cover Page Drawing C-1. The subdivision as proposed is to be maintenance free living. will include a passive recreation area and trails throughout, will consist of sprinklered lawn and landscape areas to improve aesthetics (maintained by the HOA), and achieves many desirable goals of conservation subdivisions which strive to be environmentally sensitive with as little overall impact as possible. Lastly, earlier this year the project was submitted to the Town Board for the review and approval of the proposed Route 9 Sanitary Sewer District Extension #2. The Town Board expressed a desire to approve the sewer district extension however the proposed district extension requires a public hearing prior to the Town Board making any approving resolution. It is my understanding this can take place once the project is being considered by the Planning Board and the Planning Board attains lead agency status and complete SEQRA. We expect the above documents are complete and fulfill the requirements for preliminary stage subdivision review, however if you have any questions or require additional information please do not hesitate to contact our office. SAicere , / Daniel . Ryan, P.E. VISION Engineering, LLC cc w/attchmnts: Cerrone Builders Inc. Michael O'Connor, Esq. -4,31„,.. 2 CERRONE BUILDERS INC 29-LOT CONSERVATION SUBDIVISION Preliminary Stage Revised April 2010 SWEET ROAD, QBY Subdivision Review Application Preliminary Stage REVIEW PROCESS: 1) Required Pre-submission meeting with staff to determine general completeness to be held no later than 1 week prior to deadline day. Call (518) 761-8220 for an appointment 2) Submittal of complete application: 1 original and 14 copies of the application package by monthly deadline. 3) Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for consideration for placement on an agenda for that month. 4) Incomplete applications will not be considered for placement on any agenda until all missing information has been submitted. 5) Planning Board meeting, generally the third & fourth Tuesday of each month. You will be advised in writing as to which meeting to attend. 6) Following the meeting you will be provided with a copy of the resolution stating the Board's decision on your application. If your application was denied your project cannot proceed as submitted. DOCUMENTATION REQUIREMENTS: 1) Please submit 1 original & 14 copies of the completed application package to include: Completed Application: signed & dated Pre-Submission Meeting Notes: signed by staff Copy of Deed: 1 Survey Fee: $50.00 ZONING STAFF & CONTACT INFORMATION: • Craig Brown, Zoning Administrator craiqbqueensbury.net • Laura Moore, Land Use Planner Imoore@queensbury.net • Pam Whiting, Office Specialist 518-761-8220 pamw @queensbury.net Visit our website at www.queensburv.net for further information and forms Town of Queensbury Planning Office. 742 Bay Road Queensbury, NY 12804 - 518-761-8220 0 3 Preliminary Stage Revised April 2010 General Information Tax Parcel ID Number: 296.14-1-21, 22, 25 Zoning District: MDR Application Stage [check one]: Sketch Plan Stage Preliminary Stage X Final Stage Indicate the following: Number of lots proposed 29 Residential or Commercial RESIDENTIAL Total Lot acreage 29.45 Proposed lot sizes VARIES (0.28-0.35 +1-AC) Project location SWEET ROAD (NORTH SIDE) Detailed Description of Project [include current & proposed use]: 29-LOT CONSERVATION SUBDIVISION TO INCLUDE 29 THREE BEDROOM SINGLE FAMILY DWELLINGS ALONG WITH ASSOCIATED UTILITIES& INFRASTRUCTURE, COMMON HOA LAND, AND PASSIVE RECREATION Applicant Name: CERRONE BUILDERS INC. Address: 51 OAK VALLEY WAY (CONTACT:AL CERRONE) QUEENSBURY, NY 12804 Home Phone 518-798-4206 Cell: 518-361-0942 Work Phone Fax E-Mail: ejcerrone @gmail.com LITTLE&O'CONNOR 19 WEST NOTRE DAME ST MIKE O'CONNOR, ESQ GLENS FALLS, NY 12801 Agent's Name: VISION ENGINEERING. LLC Address: 16 PEARL ST DANIEL W. RYAN P.E. GLENS FALLS, NY 12801 Home Phone Cell: Work Phone 518-792-9264 EXT 117 Fax 518-792-9282 E-mail DRYAN @VISIONENGINEERING.ORG Owner's Name CERRONE BUILDERS INC. Address (CONTACT:AL CERRONE) Home Phone Cell Work Phone Fax E-mail Town of Queensbury Planning Office- 742 Bay Road • Queensbury, NY 12804 • 518-761-8220 1 Preliminary Stage Revised April 2010 ITEMS TO BE IDENTIFIED BY STAFF DURING PRE-SUBMISSION MEETING. You should use this page for guidance when drafting your application; however. it will be completed by a staff member. Submittal of a preliminary plat depicting existing and proposed conditions shall include the items as noted below. Failure to include all required information may result in a determination of incompleteness and a delay in the processing of your application. §A183-13. Plat details and requirements. The applicant is required to submit one(1) original and 14 copies of the preliminary plat application. Such application shall include the following documents and/or information: A. PRELIMINARY PLAT. The preliminary plat shall be laid out by a licensed professional engineer and/or a licensed professional land surveyor with a properly executed New York State Education Department Exemption N. Such preliminary plat shall be prepared at a scale of one inch equals 50 feet zero inches, clearly showing: 1) The location of all existing and proposed property lines, buildings. watercourses and other important topographic features. 2) Existing and proposed contours showing elevations at two-foot contour intervals and extending at least ;100 feet off site. 3) The location, names and widths of all existing and proposed streets, easements, lots and building lines, wells and septic tanks and fields and similar facts regarding property immediately adjacent or opposite the proposed subdivision. 4) A location map showing: (a)The zoning district or districts in which the land to be subdivided is located; and (b) The property included in the proposed subdivision and all contiguous properties of the proposed subdivision and all properties within 500 feet in each direction from the boundary line of the proposed subdivision along any contiguous street or highway. All properties shall be identified by lot and parcel number and names of owners. 5) The location and size of any existing sewers, water mains, culverts and drain pipes, electric, telephone and cable television lines and proposed sewers, water mains. culverts and drain pipes on the property or immediately adjacent to the property to be subdivided. 6) The proposed arrangement and approximate area, width and length of street frontage and setback requirements of each lot for the purpose of demonstrating to the Planning Board that the proposed location of streets makes possible a layout of lots in accordance with the requirements of the Town of Queensbury Zoning Law for the district or districts in which the subdivision is located. 7) All parcels of land proposed to be dedicated to the public use. 8) The date, North arrow and scale. 9) The title under which the proposed subdivision is to be recorded, with the names of the owner and the engineer or land surveyor who prepared the preliminary plat; the license number and seal of the engineer or land surveyor shall be affixed to the drawing. B. LAYOUT PLANS. Layout plans shall be prepared by a professional licensed engineer or professional licensed land surveyor with a properly executed New York State Education Department Exemption N. Such layout plans shall be incorporated on the preliminary plat and shall show the following: 1) The exact layout and dimensions of proposed streets, including stationing and tie-in to the center-line distances of existing streets with monuments and other points, as required. Town of Queensbury Planning Office- 742 Bay Road • Queensbury, NY 12804 • 518-761-8220 2 Preliminary Stage Revised April 2010 2) The location and widths of all streets, pavements, curbs, sidewalks, easements, parks and other open spaces. 3) The proposed names of all streets, and the radii of all curves in the street line. 4) The location of all proposed utilities, including the proposed water supply, sanitary sewers, stormwater drainage system and any other proposed underground utilities. 5) Proposed lot lines. 6) The date, North arrow and scale. 7) The title under which the proposed subdivision is to be recorded, with the names of the owner and engineer or land surveyor who prepared the layout plans; the license number and seal of the engineer or land surveyor shall be affixed to the drawing. C. CONSTRUCTION DETAILS. Construction details shall be prepared by a licensed professional engineer or a licensed professional land surveyor with a properly executed New York State Education Department Exemption N. Such details shall include: 1) The proposed sanitary sewer system, including pipe sizes, bedding and profiles. 2) The proposed storm drainage system, including pipe sizes, bedding, catch basin and manhole details, profiles and method of disposal of collected stomiwater. 3) The proposed water supply system. 4) Any other proposed underground utilities. 5) A typical cross section of the roadway, including the right-of-way width, pavement width and depth of pavement materials and subbase, the location of utilities. character and dimensions of curbs and sidewalks and side slope grading. 6) Profiles, showing the original ground surface and finished street surface at center lines of all streets, percentage of grades of streets, stationing and elevations of all points of curvature, points of intersection, points of tangency and of proposed sewers. drains, culverts, manholes and other features. Invert elevations and slopes of sewers and drains and both surface and invert elevations of manholes shall be indicated. Profiles shall be drawn to the scale of four feet to the inch vertical and 40 feet to the inch horizontal. The stationing shall show accurate center-line distances. The elevations of the original ground surface shall be to the nearest tenth of a foot and of fixed points to the nearest hundredth of a foot. 7) The location and elevation of all proposed monument locations. 8) The date and scale. 9) The title under which the proposed subdivision is to be recorded, with the names of the owner and engineer who prepared the construction details; the license number and seal of the engineer shall be 'affixed to the drawing. D. LANDSCAPE PLAN. A landscape plan shall be prepared by a licensed landscape architect for subdivisions greater than 10 lots. Such landscape plan shall include: 1) The location and species of street trees. if retained within the right-of-way or proposed to be planted by the subdivider. 2) Details of methods of tree protection and tree planting. Town of Queensbury Planning Office. 742 Bay Road • Queensbury, NY 12804 • 518-761-8220 3 Preliminary Stage Revised April 2010 3) Plans and details of any site improvements related to park or recreation planning, including layout, grading, planting and details of any improvements. 4) Plans and details of any other public amenities provided in the subdivision. 5) The date and scale. 6) The title number which the proposed subdivision is to be recorded, with the names of the owner and landscape architect who prepared the landscape plan; the license number and seal of the landscape architect shall be affixed to the drawing. E. CLEARING PLAN. A clearing plan shall be prepared at a scale of one inch equals 50 feet zero inches. Such plan shall show the following details: 1) Existing vegetation prior to any clearing of the site for site investigation purposes. 2) Areas of vegetation removed from the site for investigation purposes. 3) The location of roadways, underground or overhead utilities not in roadways, limits of grading, proposed location of any buildings, septic systems, wells and driveways and any other improvements which might require clearing. 4) Areas where slopes are greater than 20%, as per§A183-26. 5) 'Limits of proposed clearing of trees. 6) Measures to be taken to protect remaining trees, including details. F. GRADING AND EROSION CONTROL PLANS. A grading plan and erosion control plan shall be prepared at a scale of one inch equals 50 feet zero inches. Such plan shall show the following: 1) A generalized grading and drainage plan (does not require spot grades or slope designation). 2) Any phasing of tree removal and/or construction. G. ENVIRONMENTAL REPORT. A long environmental assessment form shall be prepared in accordance with the State Environmental Quality Review Act describing the potential environmental impact of the proposed subdivision. H. STATEMENT OF INTENT. A statement of intent shall be submitted by the applicant. Such statement shall include: 1) Proof of ownership of the land to be subdivided, in a form approved by the Town Attorney. 2) The nature and extent of proposed street improvements. 3) The nature and extent of any recreational features, parks, playgrounds, water supply, sewerage and drainage rights-of-way and easements, retention basins and other land to be dedicated to public use and the cor)ditions under which dedication of these features is to be made to the Town. 4) A statement that the applicant will install all improvements in accordance with the standards prescribed by the departments of the Town having jurisdiction, and set all monuments as shown on the final plat thereof in such manner as the Board may designate. I. A STORMWATER MANAGEMENT PLAN and a STORMWATER POLLUTION PREVENTION PLAN consistent with the requirements of Chapter 147, Stormwater Management. Town of Queensbury Planning Office. 742 Bay Road • Queensbury, NY 12804 518-761-8220 4 Preliminary Stage Revised April 2010 J. FEES. 1) The application for preliminary plat approval shall be accompanied by a fee listed on the current schedule of fees for the Town of Queensbury posted in the Planning Office. 2) In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee charged reflects the actual cost of the legal and technical assistance to the Planning Board. K. WAIVERS. If the Planning Board finds that any of the information requirements as set forth above are inappropriate or not necessary to conduct an informed review, it may waive such information requirements as it deems appropriate. Any such waiver shall be made in writing, and shall contain statements of the reasons why the waived information requirements are not necessary for an informed review under the circumstances. The Planning Board may grant such waivers on its own initiative or at the written request (that sets forth the specific requirements that are requested to be waived and the reasons for the requested waiver) of an applicant. §A183-14. Submission and Review procedure—Subdivision Sign Posting Requirements D. Notice. The subdivider shall display prominently on the subject property, for 10 days preceding the date of the public hearing, at least one sign, two feet by three feet in size and carrying a legend prescribed by the Town Planning Board, announcing the public hearing. The sign shall be in full public view from the street pavement and shall be legible from the street. If the property is bounded by more than one street, a sign shall be placed on each street that bounds the property. Town of Queensbury Planning Office. 742 Bay Road Queensbury, NY 12804 • 518-761-8220 5 Preliminary Stage Revised April 2010 Pre-Submission Conference Form 1, Tax Map ID: 296.14-1-21,22, 25 2. Zoning Classification: MDR 3. Reason for Review: PRELIMINARY STAGE SUBDIVISION 4. Ordinance Section: CHAPTER 183 5. Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Include: 1. Deed ' Yes No 2. General Information . Yes No 3 Preliminary Plat _ . Yes No 4. Layout Plans . Yes No 5. Construction Details - Yes - No 6. Landscape Plan . Yes No 7. Clearing Plan . Yes No 8. Grading & Erosion Control Yes -- No 9. Environmental Report Yes No 10. Statement of Intent Yes No 11. Stormwater Plan/SWPPP - Yes 7 No 12. Fees Yes No 13. Waivers Yes No 14. Subdivision Sign Posting Yes No 15. Signature Page Yes No t&,--z/ -- --6 a- For i.,."3 CAA., p 1, f, vi i21,44 - I_ t t, �y K c t5 id. , sve.j — {wA — -P--,,c1 SwMf° rrLcf' �45Gip - ss,/41 S f� r rn, o. r4-04,,.. efc i 1 • I — 5 yH4f v L P,7 — O w jU&y 7t e / I 9 b ---1, 9- p.._,-- T 6 - SD g-f-- — P6 -Prt — P/3 - "`tom( Staff Representative: Applicant/Agent: `/ � Date: ct , F (3 Town of Queensbury Planning Office. 742 Bay Road • Queensbury, NY 12804 • 518-761-8220 6 Preliminary Stage Revised April 2010 Signature Page This page includes: 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: Designates: As agent regarding: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date OWNER SIGNATURE: DATE: APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: CERRONE BUILDERS INC. Designates: LITTLE&O'CONNOR&VISION ENGINEERING, LLC As agent regarding: Variance X Site Plan x Subdivision For Tax Map No.: 296.14 Section 1 Block 21.22.25Lot Deed Reference: 2953 Book 140 Page 6/7/06 Date OWNER SIGNATURE: DATE: 10/15/13 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.) AUTHO9IZATION 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 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 newly constructed facilities prior to issuance of a certificate of occupancy I have r-_ nd agc to the above. /� ./ `/ AL CERRONE 10/15/13 atur= Applicant] Print Name [Applicant] Date signed DANIEL W. RYAN P.E. 10/15/13 Signature A' "t] Print Name [Agent] Date signed J Town of Queensbury Planning Office. 742 Bay Road • Queensbury, NY 12804 • 518-761-8220 7 EXHIBIT A -wN,,v i q WARREN COUNTY 1� PAMELA J.VOGEL, COUNTY CLERK COUNTY CLERK 1 Lake George, NY 12845 DOCUMENT* r'Oi v .� l 1 VOLUME= 2953 PAGE: 140 I Instrument Number 2006-00005738 As Recorded On: June 07,2006 Deed Commercial Parties: RUSSO SALVATORE M To CERRONE BULDERS INC Billable Pages: 5 Recorded By: LITTLE&0 CONNOR Num Of Pages: 6 Comment **Examined and Charged as Follows:** Deed Commercial 20.00 Cover Page 5.00 Cultural Education 15.00 RP-5217 Commercial 165.00 State Education 5.00 TP-584 5.00 Recording Charge: 215.00 Amount RS S# Transfer Tax 1.600.00 Tr 3200 Basic 0.00 CUEENSBURY Special Additional 0.00 Additional 0.00 Transfer 1.600.00 Tax Charge: 1,600.00 RECORDED Counts Clerks Office Jun 07,2006 01:23P keels J. Yosel ilarree 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. 2006-00006738 LITTLE&0 CONNOR Receipt Number: 1832 PO BOX 898 Recorded Date/Time: June 07,2006 01:23:31P GLENS FALLS NY 12801 Book Vo11Pg: Bk-RP VI-2953 Pg-140 Cashier 1 Station: C Burch 1 Cash Station 3 DOCUMENT4 00005735 VOLUME: 2953 PAGE: 141 DEED-WARRANTY with Lien Covenant THIS INDENTURE Made the 23 day of May , 2006 BETWEEN SALVATORE M. RUSSO, residing at 144 Round Pond Road, Queensbury, New York 12804, party of the first part, and CERRONE BUILDERS, INC. ,with a business address at 51 Oak Valley Way, Queensbury, New York 12804, Party of the second part, Witnesseth, that the party of the first part, in consideration of ONE AND NO CENTS ($1.00) DOLLARS lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, his heirs and assigns forever, ALL THOSE CERTAIN TRACTS OR PARCELS OF LAND, situate, lying and being in the Town of Queensbury, County of Warren and State of New York, bounded and described on Schedule A attached hereto and made a part hereof. This conveyance is subject to all covenants, restrictions and easements of record. Together with the appurtenances and all the estate and rights of the party of the firpt part in and to said premises, To have and to hold the premises herein granted unto the party of the second part, his heirs and assigns forever. And said party of the first part covenants as follows: First,That the party of the second part shall quietly enjoy the said premises; Second,Those said party of the first part will forever Warrant the title to said premises. Third,That, in Compliance with Sec. 13 of the Lien Law, the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement before using any part of the total of the same for any other purpose. 1 1 DOCUMEN i= 04005738 VOLUME: 29515 PAGE: 142 in Witness Whereof,the party of the first part has hereunto set his hand and seal the day and year first above written. l j2 K,,,,,,,, SALVATORE M. RUSSO STATE OF NEW YORK ) ss.. COUNTY OF WARREN ) On this e2.3 day of May, 2006, before me, personally appeared, SALVATORE M. RUSSO, 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 inst the individual, or the person upon behalf of which the individual acted, ... - • (• -/ ment ,‘1( ; i - 1 1 Notary P ,. is 7 MAMA G.NOWOTNY Reg,No.02N04787153 Commissioned in i ii-osbCounty Commission Expkes 5131/200 '7 2 DOCUMENT 0000573.9, • VOLUIIE: 2953 PAGE: 143 ALL THAT PIECE, PARCEL OR LOT OF LAND situate, lying and being in the Town of Queensbury, County of Warren, State of New York, more particularly bounded and described as follows: BEGINNING at an iron rod found in the ground for a corner in the northerly bounds of Sweet Road at the southwest corner of lands conveyed to Stanley H. and Madeline E. Bull by deed dated August 12, 1963, recorded in book 433 of deeds at page 85; thence running westerly along the northerly bounds of said Sweet Road the following five courses and distances: (1) North 78 degrees, 36 minutes and 01 second West, a distance of 188 .03 feet; (2) North 79 degrees, 18 minutes and 23 seconds West, a distance of 53 .84 feet; (3) North 78 degrees, 46 minutes and 54 seconds West, a distance of 1.72.09 feet; (4) North 79 degrees, 31 minutes and 34 seconds West, a distance of 505.06 feet; (5) North 86 degrees, 32 minutes and 24 seconds West, a distance of 126.71 feet to the southeast corner of lands now or formerly of Moon; thence running along said lands of Moon the following seven courses and distances: (1) North 05 degrees, 38 minutes and 17 seconds East, a distance of 200.00 feet; (2) North 87 degrees, 02 minutes and 43 seconds West, a distance of 150.00 feet; (3) North 05 degrees, 38 minutes and 17 seconds East, a distance of 33. 98 feet; (4) North 09 degrees, 41 minutes and 17 seconds East, a distance of 245. 87 feet; (5) North 07 degrees, it minutes and 17 seconds East, a distance of 120.28 feet; (6) South 82 degrees, 48 minutes and 43 seconds East, a distance of 125. 00 feet; (7) North 06 degrees, 57 minutes and 05 seconds East, a distance of 465.17 feet to the northeast corner of said lands of Moon in the southerly bounds of the subdivision known as Old Orchard Park; and also in the southerly bounds of lands now or formerly of Noble; thence running along said Old Orchard Park, the following two courses and distances: 1 ©OCUMEi�iT4` 00005738 t,+OL4JrIE: 2953 PAGE= l44 (1) South 83 degrees, 27 minutes and 00 seconds East, a distance of 262. 91 feet; (Z) South 83 degrees, 31 minutes and 00 seconds East, a distance of 403. 52 feet to a point in the westerly bounds of lands of Niagara Mohawk Power Corporation; thence running along the same, South 29 degrees, 58 minutes and 50 seconds East, a distance of 975. 28 feet to the northeasterly corner of lands now or formerly of Blackmer; thence running North 77 degrees, 57 minutes and 28 seconds west, along the northerly bounds thereof and along the northerly lands of Bull, a distance of 184. 00 feet to the northwesterly corner of said lands of Bull; thence running South 08 degrees, 14 minutes and 58 seconds West, along said lands of Bull, a distance of 350.18 feet to the point and place of beginning. Bearings given in the above description refer to magnetic North. ALSO ALL THAT PIECE, PARCEL OR LOT OF..LAND situate, lying and being in the Town of Queensbury, County of Warren, State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly sounds of said lands of Niagara Mohawk Power Corporation and located South 83 degrees, 02 minutes and 57 seconds East, a distance of 93.87 feet from the northeasterly corner of the above described parcel, being in the southerly bounds of said Old Orchard Park Subdivision; thence running along said Old Orchard Park Subdivision the following two courses and distances: (1) South 83 degrees, 04 minutes and 00 seco;,ds East, a distance of 447. 37 feet; (2) South 82 degrees, 58 minutes and 00 seco-ids East, a distance of 146. 33 feet to the northwesterly corne- of Ridgewood Park Subdivision; thence running along said subdivision in the westerly bounds of lands of Tarana, Harvey and West, the following two courses and distances: (1) South 22 degrees, 02 minutes and 08 secc •ds West, a distance of 550. 62 feet; (2) South 09 degrees, 45 minutes and 59 secor_ds East, a distance of 117 .35 feet to the northeasterly bounds of said lands of Niagara Mohawk Power Corporation; thence ruI; ing along the same, North 29 degrees, 58 minutes and 50 seconds West, a distance of 805. 78 feet to the point and place of beginri=;ng, Bearings given in the above description refer ,to magnetic North. 4 ' ' DOCUMENT* 00005738 VOLUME: 2953 PAGE-' 145 The grantees by acceptance of this conveyance acknowledge that the above property is restricted for residential use only to a depth of 150 feet north of Sweet Road. TOGETHER with any and all interest Grantor has in right-of-ways or crossings over and upon premises heretofore conveyed to New York Power & Light Corporation not exceeding twenty- five(25')feet in width as the same were reserved in deeds and reference is made to the following deeds for a more detailed description: A. Deed from Arthur C. Brown and Hollis Brown to New York Power and Light Corporation dated 5/20/1931 which was recorded 5/28/1931 in the Warren County Clerk's Office in Book 187 of Deeds at Page 43 and B. heed from Jathuren Sweet and Mary Sweet to New York Power and Light Corporation dated 5/19/1939 which was recorded 5/27/1939 in the Warren County Clerk's Office in Book 211 of Deeds at Page 503. • INTENDING to convey premises described in the following Deeds: 1. Deed from Louise H. Burton to Salvatore Russo dated 1/13/1967 which deed was recorded 1/20/1967 in the Warren County Clerk's Office in Book 478 of Deeds at Page 86; Excepting and reserving therefrom premises described in a deed between Salvatore Russo and George Kouba and Ruth Kouba dated 6/26/1978 which deed was recorded 7/5/1978 in the Warren County Clerk's Office in Book 615 of Deeds at Page 449. 2. Deed from National Commercial Bank and Trust Company, as Executor of Douglas C. Burton,deceased,to Salvatore Russo dated 1/13/1967 which deed was recorded 1/20/1967 in the Warren County Clerk's Office in Book 478 of Deeds at Page 88; Excepting and reserving therefrom premises described in a deed between Salvatore Russo and George Kouba and Ruth Kouba dated 6/26/1978 which deed was recorded 7/5/1978 in the Warren County Clerk's Office in Book 615 of Deeds at Page 449. 3. Deed from Salvatore Russo to Salvatore Russo and Evelyn Russo dated 7/10/1979 which deed was recorded 11/8/1979 in the Warren County Clerk's Office in Book 627 of Deeds at Page 185; • 1 EXHIBIT B 'Nov Department of Community Development Queerubury Queensbury Planning Board •250• Staff Notes November 27, 2012 APPLICATION: Subdivision 8-2012-Sketch Plan review APPLICANT: Cerrone Builders REQUESTED ACTION: Subdivision of land requires Planning Board review/approval LOCATION: Sweet Road EXISTING ZONING: MDR-Moderate Density Residential SEQRA STATUS: N/A PARCEL HISTbRY: SB 5-2010: Sketch review-Cluster subdivision of a 29.45 +/- acre lot into 27 residential lots ranging in size from 0.38 +/- acres to 0.47 +/-acres. 4- 27-10 PROJECT DESCRIPTION: Applicant proposes a Conservation Subdivision of a 29.45 acre parcel into 29 residential lots ranging in size from 0.28 to 0.35 acres. STAFF COMMENTS: As proposed,the Conservation Subdivision meets the requirements for density with 29 lots on 24.22 acres with the 20%factor applied. Per§A183-37,the submitted Sketch Plan appears to meet the intent of the objectives laid out for a Conservation Subdivision and includes: 1. Efficient use of land resulting in a compact infrastructure design while preserving open space for pedestrian paths and recreational areas. 2. Development pattern in harmony with land use intensity,transportation facilities and community facilities. Per§A183-38,the submitted Sketch Plan includes the following standards laid out for a Conservation Subdivision and includes: 1. Open Splace exceeds the minimum 50%required to be set aside. The plan calls for greater than 55%set aside' 2. Density,bonus applied and denoted on DWG C-1. 3. Open Space as designed and submitted appears to be convenient to dwellings as all lots abut proposed open space in one form or another. 4. Deed restrictions will need to be discussed concerning Open Space;please see Al 83-38D(4) for guidance. 5. Open Space ownership required to be indicated on all plats starting with Sketch Plan; please see A183- 38D(5) for guidance. Brief mention in the Project Description on the application is noted. 6. View presentation not necessarily of concern. The Planning Board may wish to discuss this item with the applicant. Review: 1. Open space ownership must be provided starting with Sketch submittal. Brief mention of an HOA in the Project escription on the application is noted. 2. Standards discussed above do not necessarily require in-depth review at this point in time as some items may require additional deliberation from the applicant. 3. Staff regommends that the Planning Board familiarize themselves with the requirements and standards of Article X of Chapter A183 as Conservation Subdivisions may become more common due to the amount of marginal lands left in the town. 4. Road length waiver as per 183-27 required as submitted. 5. Sidewalks or other pedestrian friendly practices should be considered. Additional comments: 1. As submitted, the subdivision is considered a Realty subdivision and as such requires a Type I designation for an environmental review. The Planning Board may wish to seek Lead Agency status upon submittal of a complete preliminary subdivision application. 2. Town Board approval for sewer district extension required. 3. Road Length waiver required as submitted. It has been determined that the road length is approximately 1,200 linear feet; as per §A183-27, 1,000 feet is the maximum without relief. L:1Keith Obome\2012 Staff Notes\Planning\November 271SB 08-12 Cerrone_Sketch.doc -2 - FIRE MARSHAL'S OFFICE Town of Queensbury 742 Bay Road, Queensbury, NY 12804 "Home of Natural Beauty ... A Good Place to Live " PLAN REVIEW Cerrone Builders SP 8-2012 10/26/2012 The following comments are based on October 15 revision submittal: (SITE) 1)The boulevard style entry does not provide an unobstructed width as required by NYSFC 503.4 and 503.2.1 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. Top Previous Section Next Section To view the next subsection 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet(6096 mm),except for approved security gates in accordance with Section 503.6,and an unobstructed vertical clearance of not less than 13 feet, 6 inches (4115 mm). Fire apparatus access roads shall also meet the width requirements of Sections D103.1 and D105 of Appendix D. Michael J Palmer Fire Marshal 742 Bay Road Queensbury NY 12804 firemarshal @queensbury.net J Fire Marshal 's Office • Phone: 518-76I-8206 • Fax: 518-745-4437 fireniarshal@queensbury.net • www.queensbury.net EXHIBIT C "Nbov ROBERTS ENVIRONMENTAL CONSULTING, INC 273 HAVILAND ROAD QUEENSBURY, NY 12804 I�1 518-761-6605 PHONE -tifl111[y" 518-743-9315 FAX/PHONE - - May 3,2010 Michael Farrell Vision Engineering 16 Pearl Street, Suite 200 Glens Falls,NY 12801 Re: Sweet Road Subdivision,Town of Queensbury Species and Communities of Special Concern Dear Mike: This letter documents our studies to evaluate the potential for presence of rare or state-listed animals,plants and significant natural communities/habitats in the vicinity of the subject site, including wetlands. The existing site consists of a±30 acre undeveloped parcel located north of Sweet Road in the Town of Queensbury, Tax Map#296.14-1-20, 296.14-1-22,and 296.14-1- 25. The purpose of this purpose of this letter report is to provide additional information to support SEQR review of the proposed residential subdivision at the project site(Figure1). The majority of the site is currently forested. The site borders on DEC wetland to the east. There is a clearing in the western side of the property which was the location of a sand mining operation.A site location map is attached. Protected Species On July 23, 2009, letters were sent to the New York Natural Heritage Program and the US Fish and Wildlife Service regarding the potential presence of rate or state-listed animals, plants pnd significant natural communities/habitats in the vicinity of the site. A letter was received from the NYHHP on August 10, 2009(attached). The NYNHP states they have no records of known occurrences of rare or state-listed animals or plants, significant natural communities or other significant habitats on or in the immediate vicinity of the site. Correspondence was received regarding the subject project from the US Fish and Wildlife Service on August 3, 2009. USFWS does not respond to specific project requests. For projects not authorized,funded or carried out by a Federal agency, consultation with the U.S. Fish and Wildlife Service (Service)pursuant to Section 7(a)(2)of the Endangered Species Act (ESA) (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) is not required. But the prohibitions provided under the ESA still apply. For instance, no person is authorized to"take" (kill, injure,harass, etc.)any listed species without appropriate authorizations from the Service. 1 Page 2 The official list request response, and county list of endangered,threatened,proposed and candidate species in Warren County is attached and includes three species in Warren County: Bog turtle(historic), Indiana bat,and Kanner blue butterfly. No effects on any of the potential species known or likely to occur in Warren County are anticipated, based on the following: Bog Turtle. Bog turtle occurrence in the vicinity of the site is historic. There is no current, known extant population of bog turtle in the vicinity. Although there is palustrine emergent wetland habitat adjacent to the proposed project area in DEC-regulated wetland, no impact to the wetland or buffer are proposed from the project. The area immediately adjacent to the site is already disturbed by clearing for the National Grid powerline that bisects the wetland at this location. Based on the lack of extant population, and lack of impact on wetland,no adverse effect on bog turtle or potential habitat for bog turtles is anticipated. Indiana Bat. Indiana bat is found within the central portion of the eastern United States. In New York they are documented to hibernate in caves and mines in Albany, Essex,Warren,Jefferson, Onondpga and Ulster Counties. However,there is no known hibernaculum in the vicinity of the project area. Females congregate in nursery colonies,only a few of which have ever been found. In summer female bats usually roost in mature trees under slabs of exfoliating bark, and sometimes in cracks in trees. Preferred habitat consists of stands of large, mature trees, particularly standing dead trees and those with loose shaggy bark. The tree species most frequently used by maternity colonies include ash,elm,hickory,maple,poplar and oak (US Fish &Wildlife Service, 2007). Most roost trees of female Indiana bats are deciduous species. There are no known caves or mines in the vicinity of the project area. The site is not known or likely to serve as a hibernaculum for bats. The potential for suitable summer roosting or foraging area for Indiana bats is also limited. The preferred vegetation of larger trees with exfoliating bark or standing dead trees was not observed on site. The only water course on the property is the wetland through the National Grid Right of Way at the very south east corner of the property. Based on the proposed project impacts, it appears that suitable habitat for Indiana bats is not likely to be affected by the proposed project. Karner Blue Butterfly The Karner Blue butterfly is endangered throughout its range. Populations exist in Warren and Saratoga Counties. The butterfly larvae feed on wild lupine,which grows in open fields, along the borders of forests,and in relatively open canopy forests. The wild lupine often occurs in moderately disturbed habitat including clearings and dirt trails. In Warren County, the majority of the occupied habitat is known to occur on sandy soils in the western portion of the town, in areas dominated by pitch pine. A report entitled Report on 1997 Surveys for Lupine(Lupinus perennis)and Kanner Blue Butterfly(Lycaeides melissa samuelis) Populations in the Town of Queensbury, Warren Page 3 County New York,was prepared by M. Batcher and dated March 1998. This study identified the location and quality of existing and potential Karner blue butterfly habitat within the Glens"Falls Recovery Unit, an area including the project area. No lupine patches or Karner blue butterfly occurrences were documented in the 1998 study in the vicinity of the project area within. Correspondence with NYNHP concurs with the lack of occurrence of Karner blue habitat within the vicinity of the site. However, since preliminary evaluation of site conditions indicated possible habitat conditions in the sand pit for preferred plant species, an on-site survey was conducted for this project. The preferred habitat of lupine is areas of sandy soil and areas that have been subjected to some disturbance that has reduced or removed vegetation. Due to the presence of the sand pit on the western side of the property, a field survey for wild blue lupine was conducted on the project site on August 6,2009. The open area of the former sand mine was mapped as sandy Oakville soils. The lack of over story and disturbed habitat makes this area potential habitat for wild blue lupine. However,a careful survey of this site,confirmed that there were no wild blue lupine plants visible. Although lupine is not flowering this late in the season,the vegetative form of the plant can still be easily recognized at this time of year, and this was con rrhed by visiting a known lupine site in Queensbury prior to doing the site survey at Sweet Road. No lupine plants were found during the on-site survey in early August. Based on the results of the current habitat characterization and the lack of preferred vegetative hosts, the lack of potential habitat for Karner Blue butterflies on the site was confirmed in the field. Wetlands As noted above,the site borders on DEC wetland to the east. The wetland boundary within the National Grid right-of-way(ROW)was delineated in the field by Roberts Environmental Consulting, Inc. on August 8, 2009. The topography in the vicinity of the wetland is steep, and the wetland boundary is abrupt. Although the GIS mapping data for the site places the northern extend of a portion of DEC wetland#GF-23 within the site boundary,the boundary of GF-23 is actually east of the site boundary,with a small portion of wetland within the ROW. The the extent of the 100-ft buffer should also be considered during the planning of the proposed project. Otherwise,there are no known concerns about protected ecological habitats in the vicinity of the proposed project. Thank you for your assistance in this matter. Sincerely, Deborfh A. Roberts,Ph.D. President ROBERTS ENVIRONMENTAL CONSULTING, INC , 273 HAVI AND ROAD QUEENSBURY,NY 12804 1'1 518-761-6605 PHONE 518-743-9315 FAX/PHONE 1 July 24, 2009 Tara Salerno NYS Dept. of Environmental Conservation NY Natural Heritage Program 625 Broadway, 5th Floor Albany,NY 12233-4754 Dear Tara, I would like to request information on the occurrence of rare or endangered species, natural communities or other significant habitats in the vicinity of a proposed project in the Town of Queensbury, Warren County,New York. The existing site consists of a±30 acre undeveloped parcel located north of Sweet Road in the Town of Queensbury, Tax Map#296.14-1-20, 296.14-1-22,and 296A4-1-25. The purpose of this request is to obtain information for Town of Queensbury and SEQR review of the project. The proposed project is for a residential subdivision. The.zn jority of the site is currently forested. The site borders on DEC wetland to the east. There is a clearing in the western side of the property which was the location of a sand mining operation. A site location map is attached. Thank'you for your assistance in this matter. Please feel free to contact me if you have any question regarding this request. Very truly yours, Deborah A. Roberts, Ph.D. President Encl. cc: M. Stoll, USFWS D. Ryan,Vision Engineering,LLC 1 ROBERTS ENVIRONMENTAL CONSULTING, INC 273 HAVrLAND RoAD QUEENSBURY,NY 12804 �t 518-761-6605 PIioNE MINIM�, 518-743-9315 FAX/PHONE March 26, 2009 Mike Stoll U.S. Fish and Wildlife Service 3817 Luker Road Cortland,NY 13045 Dear Mr. Stoll: I would like to request information on the occurrence of rare or endangered species, natural communities or other significant habitats in the vicinity of a proposed project in the Town of Queensbury, Warren County,New York. The existing site consists of a±30 acre undeveloped parcel located north of Sweet Road in the Town of Queensbury,Tax Map#296.14-1-20, 296.14-1-22,and 296.14-1-25. The purpose of this request is to obtain information for Town of Queensbury and SEQR review of the project. The proposed project is for a residential subdivision. The majority of the site is currently forested. The site borders on DEC wetland to the east. There is a clearing in the western side of the property which was the location of a sand mining operation. A site location map is attached. Thank you for your assistance in this matter. Please feel free to contact me if you have any question regarding this request. Very truly yours, Deborah A. Roberts,Ph.D. President Encl. cc: NYS DEC Natural Heritage Program D. 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