Application JARRETT Engineers, PLLC Civil&Environmental
Engineering
March 17, 2014
Chris Hunsinger, Chairman, Queensbury Planning Board, RECEIVED
Steve Jackoski, Chairman, Queensbury Zoning Board of Appeals,
and Board Members
MAR 1 ra
742 Bay Road '
Queensbury,NY 12804 TOWN OF Qt. r' RY
Z 111 , FFI A
Re: `Hacker Boat' Production& Restoration Facility
UV /
Stone Quarry Road in the Queensbury Business Park �J�SS '�► SPe
Rt. 9, Tn of Queensbury
JE 13-067 rUJ Li
Dear Chairmen Hunsinger and Jackoski, plus Board Members,
Hacker Boat wishes to consolidate and relocate their production and restoration facilities to a site
within the Queensbury Business Park off Queensbury Ave. They are under contract to purchase
lots 1, 2, and 3 in that park, and attached are applications for site plan review, wetland buffer
disturbance, and an area variance for the Hacker Boat building sign. Hacker Boat expects to
grow following this relocation, so the project is proposed in multiple phases; phase 1
encompasses a pre-engineered steel building, 450' long by 200' wide, that will house offices,
showroom, and production/restoration. To supplement that building, a three sided open boat
shed is planned along the south property line that would be constructed as soon as practical after
the initial building. Subsequently, phase 2 would follow as business conditions dictate, and that
phase could include a building addition of up to approximately 200'x 200'. Phase 3 would
follow some time later, and that phase could include another building addition of similar size.
Our current goal is to obtain site plan approval for phases 1 & 2; phase 3 would follow at some
future date, and more detailed plans of that expansion would be presented to the Planning Board
at that time. The site design presented herein supports phases 1 & 2, including the stormwater
management system that has been developed based on all of the impervious area proposed for
both phases.
The site design includes travel ways and parking areas that support both current and future
business needs. Initially, Hacker Boat will employ approximately 40 persons, with a plan to
expand to possibly 100± ultimately. Based on building uses, Queensbury requires more parking
spaces than Hacker Boat actually needs, and a main reason is that Town standards call for 25
spaces to support the retail showroom, whereas in reality only approximately 5 spaces are
needed. Although space is available to construct compliant parking, and that space has been
earmarked on the site plan, Hacker requests permission to build only that needed.
Proposed amenities include signage, near the entrance and on the building, and renderings of
each are included with this application. Whereas a 30 square foot building sign is allowed under
Town code, a larger sign is warranted for a building of the size proposed by Hacker. An area
variance application for a larger sign is attached. Landscape plantings are proposed to support
Hacker Boat and to buffer the neighborhood. Town requirements for a type `C' buffer along the
south property line have been addressed, as have the street tree requirement along public roads.
With regard to the buffer along the south property line, we would like to plant evergreen trees
12 East Washington Street 518-792-2907
Glens Falls, NY 12801 Fax 798-1864
Queensbury Planning Board and Zoning Board of Appeals March 17,2014
Re: Hacker Boat Manufacturing Facility .
along the border between the Hacker site and the neighbor along Queensbury Avenue during
phase 1, and plant remaining sections as a mixed buffer during implementation of phase 2. We
have added a note to the drawings allowing trimming the height of the buffer trees to avoid
shading of solar collectors planned for the main building. With regard to street trees along
Queensbury Ave. and Stone Quarry Road, our request is to group most of the trees along Stone
Quarry Road, especially within the proposed stormwater management areas. This will avoid
blocking the view of boats on display through the showroom windows along Queensbury Ave.,
while improving the effectiveness of the stormwater management system.
We herewith request a waiver from the requirement to provide a full topographic survey of the
site. Topographic information for a majority of lots 1, 2, and 3 was available with the
subdivision plans, however, for some unknown reason, topographic information for the southern
sections of lots 1 and 2 was not available; in as much as site topography is relatively flat, and the
current winter conditions at the time of design inhibited topographic field work, we request a
waiver from this requirement.
Lastly, an application for a freshwater wetlands permit is attached, as the site work necessary for
construction of the site travel ways, the stormwater management system, and landscaping will
encroach within 100' of a mapped US Army Corps of Engineers wetland.
Our goal is to provide a functional site design for Hacker Boat that supports their needs for many
years to come, along with the protection of the neighborhood and enhancement of the Town. We
look forward to discussing this project with each board, and in the meantime, if you have any
questions, feel free to call our office at 792-2907, or email me at tjarrett@jarrettengineers.com.
Sincerely,
JARRETT F-ngiaeers, PLLC
2014.03.17
c7;_ ele
12:46:38-04'00'
H. Thomas Jarrett, P.E.
Principal
Encl: Site Plan Documents
• Site Plan Application
• Deeds
• Real Estate Contract
• Floor Plans
• Building Elevations
• Photograph—Boat Storage
• SWPPP (Paper Copies Narrative Only)
• 2 CD's containing full SWPPP with calculations
• Drawings by Jarrett Engineers, PLLC, `Production & Restoration Facility Hacker
Boat Company, Inc." Rev `A', dated 3/17/14, (Consisting of 15 sheets)
Page 2 of 3
I
I
•Queensbury Planning Board and Zoning Board of Appeals March 17,2014
• Re: Hacker Boat Manufacturing Facility
Area Variance Documents
• Sign Variance Application
• Deeds
• Real Estate Contract
• Photographs depicting sign
• Drawings by Jarrett Engineers, PLLC, `Production & Restoration Facility Hacker
Boat Company, Inc."Rev `A', dated 3/17/14, (Sheet C2)
Freshwater Wetland Permit
eCopies w/encl: George Badcock, Hacker Boat
Mike Doud, Hacker Boat
John Breitenbach, Esq.
Page 3of3
Sign Variance Revised June 2009
General Information
Tax Parcel ID Number: 303.16-1-76, 77 & 78
Zoning District: CLI -Commercial Light Industrial
Detailed Description of Project [includes current&proposed use]:
During the course of 2014 an 90,000 square foot manufacturing building will be constructed at
the Golden Arrow Industrial Park
Location of project:
Lots 1, 2 and 3 of Stone Quarry Road, Queensbury,NY 12804
Applicant Name: Address: 8 Delaware Avenue
Hacker Boat Co., Inc. Silver Bay,NY 12874
Home Phone (518) 543-6666 Cell:
Work Phone Fax
E-Mail: and @overseasleasegroup.com
Agent's Name: JARRETT Engineers,PLLC Address: 12 E. Washington Street
Glens Falls,NY 12801
Home Phone Cell:
Work Phone (518) 792-2907 Fax
(518) 798-1864
E-mail
tjarrett@jarrettengineers.com
Owner's Name County of Warren& Address
Warren County EDC
Home Phone Cell
Work Phone Fax
E-mail
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238 1
�4/.11111h.� TOWN OF QUEENSBURY
� s 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
March 28, 2014
Michael Doud
Hacker Boat Company,Inc.
8 Delaware Avenue
Silver Bay,NY 12874
Re: Wall Sign
Stone Quarry Road
Tax Map Parcels: 303.16-1-76, 77, 78
Dear Mr.Doud:
I am writing you with regards to my review of the above-referenced project and to document the
recent conversations between your agent;Tom Jarrett and Laura Moore of my office.
Upon my review I find that your project will require a Sign Variance from our Zoning Board of
Appeals. Specifically, your proposed project offers the construction of a wall sign, the size of
which is in excess of our maximum allowable square footage for such a sign. As an aside, I note
that the project spans 3 tax parcels and the planned building appears to cross the existing parcel
lines. At some point, prior to the issuance of the Building Permit for the building, you will need
to consolidate the parcels,by deed,and provide a copy of the new deed to this office.
I note that you have already prepared the necessary application materials. As such this letter will
serve as the necessary denial letter for your application processing. Should you have any
questions or comments regarding your application,please do not hesitate to contact this office.
Sincer ,
Craig Brown
Zoning Administrator
CB/sh
Cc: Tom Jarrett
L:\Craig Brown12014 Letters\Denial Hacker 3 28 14.doc
"HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE"
SETTLED 1763
Sign Variance Revised June 2009
Pre-Submission Conference For{n[179-4-040]
1. Tax Map ID 7 & 78
2. Zoning Classification CLI=Commercial Light Industrial
3. Reason for Review: Sign Variance
4. Zoning Section#: ' — `�� LnC4d ��O —(0
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
Compliance with Sign Ordinance ✓Yes No
Checklist items addressed Yes ;/ No
Environmental Form completed ,Yes No
Signature Page completed V Yes No
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LS l>pac,. cvtaA1(6 - c t u (17 1,,6,(vfr(Z,
Staff Representative: LC/um. . ? (\Q-
Applicant I Agent: `IA ,2L
Date: AMA 21.
Town of Queensbury•Zoning Office•742 Bay Road• Queensbury, NY 12804 e 518-761-82.38 6
PHASE 1 Sign Variance Revised June 2009
Site Development Data
Area/Type Existing sq. ft. Proposed Total sq. ft.
Addition sq.ft.
A. Building footprint N/A
90, 000 90, 000
B. Detached Garage
0 0
C. Accessory Structure(s)
9, 500 9, 500
D. Paved, gravel or other hard surfaced area -
_ 59048 59048
E. Porches/ Decks
0 0
F. Other
0 0
G. Total Non-Permeable [Add A-F]
158548 158548
H. Parcel Area [43,560 sq_ ft. /acre]
774677 774677
I. Percentage of Impermeable Area of Site [I=G/H]
20 . 5 20 . 5
Setback Requirements
Area Required Existing Proposed
Front [1] 50
Queensbury Ave N/A 50
Front [2]
Stone Quarry 50 N/A 230
Shoreline
USACOE Wetland 75 N/A 75
Side Yard [1]
30 N/A 71
Side Yard [2]
Rear Yard [1]
-- 75 N/A 275
Rear Yard [2]
Travel Corridor
Height [max]
60 ' N/A <60 '
Permeability
30% N/A 79. 5%
No. of parking spaces
See chart on 59 N/A 55
Drawing
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804.518-761-8238 2
PHASE 2 (TOTAL) Sign Variance Revised June 2009
Site Development Data
Area/Type Existing sq.ft. Proposed Total sq.ft.
PHASE 1 Additions ft. (Phase I
A. Building footprint PHASE Phase 2)
90, 000 45, 000 135, 000
B. Detached Garage
N/A N/A N/A
C. Accessory Structure(s)
9, 500 0 9, 500
D. Paved, gravel or other hard surfaced area
59048 3794 62842
E. Porches/Decks
F. Other -
N/A N/A N/A
G. Total Non-Permeable [Add A-F] 158548 48794 207342
H. Parcel Area [43,560 sq.ft./acre] 774677 0
774677
I. Percentage of Impermeable Area of Site [I=G/H]
20 . 5 26. 8
Setback Requirements
Area Required Existing Proposed
Front[1]
Queensbury Ave 50 N/A 50
Front[2]
Stone Quarry 50 N/A 230
Shoreline
USACOE Wetland 75 N/A 75
Side Yard[1]
30 N/A 50
Side Yard[2]
Rear Yard[1]
30 N/A 275
Rear Yard[2]
Travel Corridor
Height[max]
60 ' N/A <60 '
Permeability
30% N/A 73 . 2%
No. of parking spaces 5 9
See Chart on Drawing 55 75
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury,NY 12804.518-761-8238
2
Sign Variance Revised June 2009
Compliance with Sign Ordinance
Section(s)that apply: SIGN SETBACK(140-0 B.(1)
What signs are you allowed to have?
Sign Type How many allowed Square Feet Height
Wall 1 3 0 N/A
Freestanding
This application is for a change in the:
Number of Signs: from (currently): to (proposed):
Setback for Sign
X Size of Sign
Height of Sign
Other (specify)
Elevation:
If you are proposing to install wall signs, provide a scale drawing of the facade the sign(s) will be located on, with
their location shown.
If you are proposing more than two (2) signs, the following information must be provided for each sign (please use
additional sheets if necessary)
Sign Number: (if you are applying for more than one sign)
Sign Type Existing Proposed Length Width Total Height Depth for
Wall X Sq.feet Projecting
_ 26 3 78
Freestanding - - - —
Projecting _
Illuminated —
Awning - -
Property Line Setbacks: Front 5 0 Side 3
Sign Wording: Hacker Craft
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238
Sign Variance Revised June 2009
SEE ATTACHED
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 sign variance?
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to
pursue, other than a sign variance?
3. Whether the requested sign variance is substantial?
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
5. Whether the alleged difficulty was self-created?
Additional Project Information
1. If the parcel has previous approvals, list application number(s):
2. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program?
3. Estimated project duration: Start Date End Date
4. Estimated total cost of project:
Town of Queensbury•Zoning Office• 742 Bay Road• Queensbury, NY 12804•518-761-8238 4
Queensbury Sign Variance
The following questions reflect the criteria for granting this type of variance. Please complete
them; use additional sheets if necessary.
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 sign variance?
Proposal: Hacker Boat will be located in an area of Town targeted for business
development, so in general, signage of the nature proposed will not be contrary to the
goals of the Town. The specific design of the sign proposed will fit with the
character of the Queensbury Business Park, and should not detract from the
residential uses nearby.
2. Whether the benefit sought by the applicant can be achieved by some method,
feasible for the application to pursue, other than an sign variance?
Proposal: The size of the building proposed for Hacker Boat warrants a sign larger
than that allowed under current zoning. A 30 square foot (max) sign is allowed,
whereas a 3' x 26' (78 square feet) sign is deemed more appropriate for this
use/location.
3. Whether the requested sign variance is substantial?
Proposal: In absolute terms, yes, however in terms of the relationship between the
size of the building and the size of the sign, the variance should be considered
reasonable.
4. Whether the proposed variance will have an adverse effect or impact on the physical
or environmental conditions in the neighborhood or district?
Proposal: No physical or environmental impact to the neighborhood will occur, and
the attractiveness of the Hacker Boat logo suggests that no adverse aesthetic impact
will result either.
5. Whether the alleged difficulty was self-created?
Proposal: Yes.
Sign 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
1 Title,Name,Address of applicant&person responsible for preparation of drawing SHEET#
2 Deed All
3 North arrow,Tax Map ID,date prepared and scale[minimum 11n.=40 ft.] Attached
4 Boundaries of the property plotted to scale,zoning boundary All
N/A
5 Principal structures,accessory structures with exterior dimensions
N/A
6 Site improvements incl.outdoor storage areas,driveways,parking areas,etc.: existing&proposed
N/A
7 Setbacks for all structures and improvements: existing&proposed
N/A
8 Elevations and floor plans of all proposed and affected structures
N/A
B. WATER&SEWER SHOWN ON
1 Project sewage disposal facilities,design details,construction details,flow rates,and number of bedrooms proposed SHEET#
2 Water supply[i.e.well]&septic on adjoining lots with separation distances to existing or proposed on-site water supply and N/A
septic N/A
3 Separation distances for proposed sewage disposal system to well and water bodies
4 Existing public or private water supply N/A
9 p p pp y [well, lake, etc.]. Method of securing public or private water, location, design and
construction of water supply including daily water usage N/A
5 Percolation test location and results
N/A
C. PARKING/PERMEABLE AREAS SHOWN ON
1 Number of spaces required for project including calculations and justification: existing&proposed SHEET#
N/A
2 No.of existing parking spaces,number to be removed,number to maintain and type of surfacing material[e.g.,gravel,paved] N/A
3 Provision for pedestrian and handicap access and parking: existing&proposed
4 Design details of ingress,egress,loading areas and cutting: existing&proposed N/A
5 Location and character of green areas[existing and proposed],modification to green area,buffer zone to remain undisturbed N/A
N/A
6 Lighting,location and design of all existing and proposed outdoor lighting
N/A
D. ADDITIONAL SITE DEVELOPMENT AND MISCELLANEOUS SHOWN ON
1 On-site&adjacent watercourses,streams,rivers,lake and wetlands SHEET#
N/A
2 Utility/energy distribution system[gas,electric,solar,telephone]: existing&proposed
N/A
3 Location,design and construction details of all existing and proposed site improvements including: drains,culverts, retaining
walls,fences,fire&emergency zones and hydrants,etc. N/A
4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing &
proposed N/A
e Signage: Location,size,type,design and setback: existing&proposed
Attached
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 N/A
h Identification of Federal,State or County permits required for the project together with a record of application for all necessary
permits
N/A
Town of Queensbury•Zoning Office•742 Bay Road•Queensbury, NY 12804•518-761-8238
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Completing
Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part I. 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 filly
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 I -Project and Sponsor Information
Hacker Boat Company,Inc.
Name of Action or Project:
Hacker Boat Company Manufacturing Bldg.Construction
Project Location(describe,and attach a location map):
Lot 1,2&3 of Stone Quarry Rd,Queensbury,NY
Brief Description of Proposed Act ion:
Hacker Boat Company has expanded beyond the current capabilities of thier manufacturing facility. As a result,we have selected the Town of
Queensbury to relocate manufacturing operations,During the course of 2014 an—80,000 sqft manufacturing building will be constructed at the
Golden Arrow Industrial Park to accomodate future growth.
Name of Applicant or Sponsor: Telephone
(518)727-6219
Michael Doud
E-Mail: mik.doud
Address: @gmatl.com
8 Delaware Ave.
City/PO: State: Zip Code:
Silver Bay I New York
12874
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 VI ❑
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:
Town of Queensbury Building and Codes Department I I
3.a.Total acreage of the site of the proposed action? 18 acres
b.Total acreage to be physically disturbed? 1.83 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 18 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban 0 Rural(non-agriculture) Pj Industrial QJCommercial [,a Residential(suburban)
OForest [Agriculture ❑Aquatic ❑Other(specify):
❑Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? I1 r-, ❑
b.Consistent with the adopted comprehensive plan? I I I`✓/II Li
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? I I 0
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Arca? NO YES
If Yes,identify:'� NI ❑
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
b.Are public transportation service(s)available at or near the site of the proposed action? r El
no
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ri 0
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
lithe proposed action will exceed requirements,describe design features and technologies:
Our design intent will be to utilize both LED lights,solar panels(PV),high effeciency boilers and motors, Combined these ❑ o
technologies will greatly reduce energy consumption and utility needs.
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: I _1 WI
I I.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: ❑ a
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? 1151 CI b. Is the proposed action located in an archeological sensitive area? jzj1:1 ,
13.a, Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodics regulated by a federal,state or local agency? I I a
b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑
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:
❑Shoreline m Forest m Agricultural/grasslands ❑Early mid-successional
m Wetland 0 Urban 0 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? r--, I IT
16.Is the project site located in the 100 year flood plain? NO YES
III II
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? Q]NO ❑YES 0 ❑
b. Will storm water discharges be directed to established conveyance systems runoff and storm drains)?
If Yes,briefly describe: NO OYES
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,darn)?
If Yes,explain purpose and size:
I Li
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?
I fl Yes,describe:
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:
I AFFIRM THAT TILE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: Michael Doud Date: 1124/2013
Signature: " - _
Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part 1 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 ❑ El regulations?
2. Will the proposed action result in a change in the use or intensity of use of land? ❑ 1 1
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
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? _ I
•
7. Will the proposed action impact existing: D
I I
a.public/private water supplies?
b.public/private wastewater treatment utilities? ❑ L
8. Will the proposed action impair the character or quality of important historic,archaeological, ❑ (�
architectural or aesthetic resources? l J
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?
I I. 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.
E] 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.
ICheck 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)
I PRINT I Page 4 of 4
EAF Mapper Summary Report Friday,January 24, 2014 6:21 AM
Disclaimer: The EAF Mapper is a screening tool intended to assist
j '1 1 i project sponsors and reviewing agencies in preparing an environmental
30.3 12..11`..1;.,- assessment form CAF
303.12-1-1 t ).Noel all questions asked in the EAF are
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303.11-1.5 I s ?n t I 1 I-_, DEC,you may aiso need to contact focal or other data sources In order
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Part 1 /Question 7 [Critical Environmental No •
Area]
Part 1 /Question 12a [National Register of No
Historic Places]
Part 1 /Question 12b [Archeological Sites] Yes
Part 1 /Question 13a [Wetlands or Other Yes-Digital mapping information on local and federal wetlands and
Regulated Waterbodies] waterbodies is known to be incomplete. Refer to EAF Workbook.
Part 1 /Question 15[Threatened or No
Endangered]
Part 1 /Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
Part 1 /Question 20 [Remediation Site] No
Short Environmental Assessment Form- EAF Mapper Summary Report t
Sign 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: Hacker Boat Company, Inc.
Designates: JARRETT Engineers, PLLC
As agent regarding: .x Variance Site Plan Subdivision
For Tax Map No.: 303.16 Section I Block 76, 77 7ALot
Deed Refer ce: Boo Page Date
OWNER SIGNATURE: G < e
g DATE:— 5�/l//'/ --
�.
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: I lackey Boat Company,Inc.
Designates: JARRETT Engineers, PLLC
As agent regarding: x Variance Site Plan Subdivision
For Tax Map No.: 303.16 Section 1 Block 76,77,771ot
Deed Re ace:: �� Book Page Date r�) / ` ,
OWNER SIGNATURE: % /"�/ c . DATE: l
2.) ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design,
storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged
directly to the applicant. Fees for engineering review will not exceed$1,000 without notification to the applicant.
3.) AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner,
Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject
properties for the purpose of reviewing the application submitted.
4.) OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval
by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits.
5.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated
stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those tapes constitutes
the official record of all proceedings.
6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the
instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced
prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete
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 read and agree to the -bove.
6►. :cL&—p Oc ci 3/1/ //r
' •p .• Print Name [Applicant] Date gn
/ AIOV. j H. Thomas Jarrett 3 /Z
Sl.natur- [A.en Print Name [Agent] Da si ned
JARRETT Engineers, PLLC
Town of Queensbury•Zoning Office•742 Bay Road• Queensbury, NY 12804. 518-761-8238 9
(Y)
J3isplay Property-Real Property e Warren County, NY
Page 1 of 1
Property information
Details
Location: QUEE,P SBURY AVE
Tax Map#: 303.16-1-76 Special Districts
Old as. i09.-5-13.21 - EMERGENCY MEDICAL
Municipality: Queensbury • FIRE PROTECTION
Owner: COUNTY OF WARREN • S.QUEE LL LIBRARY OST
Coordinate: N 1635828,E-730830 • .QUEENSBURY LIGHT
• SO QBY-QBY AVE SEW
School: QUEENSBURY UN.FR.Sp • QUEENSSURY WATER
Frontage: 244.47
Depth: 0,0
Acres: 2.63
Notes: (303.12-1-9.1 through 9,8&303.16-1-76 THROUGH 79 SPLIT FR.
303.12-1-9 PER A VAN DUSEN SURVEY FOR GOLDEN ARROW
INDUSTRIAL PARK(12/15/03&REV.5/15/04))1/10/05
(Sates
Data Vol Pg Owner of Record
Sale Remarks
1985-12-09 4577 247 SILVER BOW RESOURCES&CHEMICAL CORP
140
1993-11-24 18 239 COUNTY OF WARREN
TAX SALE CERTIF.
"This data Is computer generated using information either acquired by or provided to the Warren County Real Property Tax Service Agency from
various sources and is Intended only for reference,conceptual planning and presentation purposes.While we work hard to include reliable data for the
stated purposes,this data and any maps shown are not intended for and should not be used to establish boundaries,lines,locations of objects or to
provide any other information typically needed for construction,excavation or any other purpose when engineered drawings/plans or surveys are 1)
required by law;2)required for any legal document or 3)needed to assure accuracy and/or that certain standards are met.
http://warrencountyny.gov/rp/display.pnp?id=46868
1/14/2014
Display Property-Real Property - Warren County,NY
Page 1 of 1
Property Information
Details
Location: QUEENSBURY AVE.,OFF Special Districts
Tax Map#: 303.1E-1-77
Old#: 109.-5-13.21 • EMERGENCY MEDICAL
Municipality: Queensbury • FIRE PROTECTION
Owner: COUNTY OF WARREN • CRANDALL LIBRARY DST
• S.QUEENSBURY LIGHT
Coordinate: N-1635756,E-731094 • SO QBY-QBY AVE SEW
School: QUEENSBURY UN.'R.SD • QUEENSBURY WATER
Frontage: 44.72999;999999997
Depth: 0.0
Acres: 3.63
Notes: (303.12-1-9.1 through 9.B&303.16-1-76 THROUGH 79 SPLIT FR.
303.12-1-9 PER A VAN DUSEN SURVEY FOR GOLDEN ARROW
INDUSTRIAL PARK(12/15/03&REV.5/15/04))1/16J05
Sales
Date Vol Pg Owner of Record Sale Remarks
1985.12-09 677 247 SILVER BOW RESOURCES&ChEP1ICAL CORP 140
1993-11-74 18 239 COUNTY OF WARREN TAX SALE CERTIF,
°This data Is computer generated using information either acquired by or provided to the Warren County Real Property Tax Service Agency from -I
various sources and Is intended only for reference,conceptual planning and presentation purposes.While we work hard to include reilable data for the
stated purposes,this data and any maps shown are not intended for and should not be used to establish boundaries,lines,locations of objects or to
provide any other information typically needed for construction,excavation or any other purpose when engineered drawings/plans or surveys are 1)
required by law; 2)required for any legal document or 3)needed to assure accuracy and/or that certain standards are met.
http://warrencountyny.gov/rpidispiay.php?id=46$69 1/1 4/2014
Display Property -Real Property- Warren County,NY
•
Page 1 of 1
Property Information
Details
Location: QUEENSBURY AVE.,OFF
Tax Map#: 303.16-1-78 Special Districts
Old#: 109.-5-13.21 • EMERGENCY MEDICAL
Municipality: Queensbury • FIRE PROTECTION
•
Owner; QUEENSBURY ECONOMIC DSV,CORP. CRANDALL LIBRARY DST
•Coordinate: N-1535978,E-731592 SO QBY ENSBURY LIGHT
School: • SO QB -QBY AVE SEW
QUEEPlSBURY UN.FR,SD • QSBY WATER EXMPT,
Frontage: 98.549999999999997
Depth: 0.0
Acres; 11.53
Notes: (303.12-1-9.1 through 9.8&303.16-1-76 THROUGH 79 SPLIT FR.
303.12-1-9 PER A VAN DUSEN SURVEY FOR GOLDEN ARROW
INDUSTRIAL PARK(12J15/03&REV. 5/15/04))1/10/05
Sales
Date Vol Pg Owner Of Record
Sate Remarks i
1985-12-09 677 247 SILVER BOW RESOURCES&CHEMICAL CCRP
140
1993-11-24 18 239 COUNTY OF WARREN
TAX SALE CERTIF.
I 2007-06-01 3289 36 ECONOMIC DEVELOPMENT CORP.
18448
L2007-06-01 3289 (40 QUEENSUJRY'ECONOMIC DEV.C3RP. j
200000 i
This data is computer Generated using information either acquired by or provided to the Warren County Real Property Tax Service Agency from —J
various sources and Is irtended oniy fe-reference,conceptual planning and presentation purposes.White we work hard to include reliable data for the
stated purposes,this data and any maps shown are not intended for and should not be used to establish boundaries,lines,locations of objects or to
provide any other Information typically needed for construction,excavation or any other purpose when engineered drawings/plans or surveys are 1)
required by law;2)required for any legal document cr 3)needed to assure accuracy and/or that certain standards are met.
http://warrencountyny.govhp/display.php?id=46870
1/14/2014
COUNTY
PAMELA WARREN J.VOGOUNEL
tmu D
CO cf1uMrEE m T 3 ;q a z
E 3 ,
a COUNTY CLERK
Lake George, NY 12843
instrument Number: 2007-00005799
As
Recorded On: June 12,2007 Deed Commercial
Parties: WARREN COUNTY OF
To
ECONOMIC DEVELOPMENT CORP Billable Pages: 3
Recorded By: COMMUNITY TITLE
Num Of Pages: 4
Comment:
"Examined and Charged as Follows:'
Deed Comm=la! 34.00 Cover Page 5.00 RP-5217 Commercial
165.00
TP-584 5.00
Recording Charge: 209.00
Consideration
Amount Amount RS9ICS#
Transfer Tax 74.00 ?8,448.00 TT 2645 Basic 0,00
(]UEEr SBURY Special Additional 0.00
ftddltfonat 0.00 Transfer 74.00
Tax Charge: 74.OD
Counts R Clerks Mice
Jun 12r2007 09:450
Panels J. Hanel
Warren County 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: 2007-00005799 BARTLETT PONTIFF ET AL
Receipt Number: 36862 1 WASHINGTON STREET
Recorded DatelTime: June 12, 2007 09:46:33A PO BOX 2168
Book-Vol/Pg: Bk-RP VI-3289 Pg-36 GLENS FALLS NY 12801
Cashier/Station: T Riddell / Cash Station 1
Cl `k DOCUMENT: 00(05799
V LUME: 3229 PAGE: 37
Bargain& Sale Deed with Covenants Against Grantors Acts and Lien Covenant
'1p z-', THIS INDENTURE,made the S¢ day of b
Y bun" ,2007 between the COUNTY
OF WARREN,a municipal corporation and political subdivision established under the Laws of the
State of New York, and having its principal office and place of business located at the Warren
County Municipal Center, 1340 State Route 9,Lake George,New York 12845,
party of the first part,
and
ECONOMIC DEVELOPMENT CORPORATION,apublic benefit corporation organized
under the laws of the State of New York, having its principal office at Warren County Municipal
Center, 1340 State Route 9,Lake George,New York 12845,
�o parties of the second part,
TNESSETH,that the party of the first part,in consideration of Eighteen Thousand Four
o WI Hundred Forty-Eight Dollars($18,448)Dollars,and other valuable consideration paid by the
2 o of the second part, does hereby grant and release unto the party of the second part, the heirs,
successors successors and assigns of the party of the second part forever,
., a?
`' ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate,lying��� and being in the
Town of Queensbury, County of Warren and State of New York, being Lot 3 as shown on a
o�7 subdivision plan entitled,"Golden Arrow Industrial Park,WCREDC' EDC
Town of Queensbury," �Q ,Queensbury Avenue,
Q ury,"made from a survey made by Van Dusen& Steves,Land Surveyors,dated
December 15, 2003 and last revised 5/15/04, which map was filed in the Warren County Clerk's
office on December 13,2004 in Cabinet B as Plat No.282,more particularly bounded and described
as follows:
BEGINNING at the northwesterly corner of Lot 3 in the southerly bounds of a proposed
road;thence running easterly along said proposed road,along a curve to the left,having a radius of
350.00 feet, a distance of 98.55 feet to the southerly bounds of lands of Niagara Mohawk Power
Corporation;thence running along the same, South 75° 14' 00"East,a distance of 1210.95 feet to
the northeast corner of Lot 3; thence running South 06° 39' 00" West, a distance of 295.97 feet;
thence running North 83° 16'00"West, a distance of 782.75 feet;thence running South 07' 01'00"
West,a distance of 242.78 feet; thence running North 87° 43'30" West, a distance of 275.53 feet
to the southwest corner of Lot 3 and the southeast corner of Lot 2 as shown on said map; thence
running on the division line between Lots 2 and 3,the following three courses and distances:
1. North 07° 01'00"East,a distance of 429.63 feet;
2. North 41° 34'01" West, a distance of 249.80 feet;
3. North 19°27'23"West,adistance of 106.96 feet to the point and place of beginning.
Z.\2OO�cs1R�i F roperty\Queensbury Ecolomdcv;a, in&Sale teat with Covenants Against Grantors Acts and
wpd'srni
5/1/07
DOCU11ENTa 0000579 5'
VOLUME: 32E9 PAGE: 38
Containing 11.53 acres,more or less.
Bearings given in the above description refer to Magnetic North.
SUBJECT TO a)all existing tenancies,easements,rights,licenses,privileges,agreements;
b)any covenants, conditions, restrictions,reservations,rights of re-entry,possibilities of reverter,
rights-of-way,utility or other easement agreements,or sell offs in former deeds or other instruments
of record;c)existing Iaws and ordinances;d)any state of facts that an accurate survey and a prudent
inspection of the Property would disclose, provided that none of the above shall render title
unmarketable; and e) state and federal tax liens in effect as of the date of the execution of the
contract of sale, December 29, 2004.
BEING a portion of the land formerly assessed to Silver Bow Resources, on the
I993assessment roll of the Town of Queensbury located in the Town of Queensbury, County of
Warren and State of New York,and designated on the tax map of said Town.as Section 109.5,Block
1,Lot 13.021,being a parcel ofland acquired byte County of Warren by reason of delinquent taxes
and a proceeding under Real Property Tax Law Article 10 resulting in a Judgment and Order of the
Supreme Court of the State of New York, dated August 24, 1998 and recorded at Liber 1079 of
Deeds at Page 176 and awarding possession and title to Warren County.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to
any streets and roads abutting the above-described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the party of the first part
in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,
the heirs or successors and assigns of the party of the second part forever.
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. The word `patty" shall be
construed as if it read "parties"whenever the sense of this indenture so requires.
?',2�y7De _tee:i nt:Ftri;1Q::=..sb..:-y .nc
.. Ctrs: :.&se:t FiiZZA i.16)::ovenanis Against Grantors Acts and
Lien.wpdVwl
5.21/07
DOCUMENT-4= 00 005799
• r]LUMIE a 3289 PAGE. 39
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day
and year first above written.
rN PRESENCE OF:
COUNTY OF WARREN
Aik-
/
-I A*/ fillr 44
CI..r an.Board of Supe isors
STATE OF NEW YORK )
) ss.:
COUNTY OF WARREN )
On the i' day of NI ,in the year 2007,before me,the undersigned,a Notary Public in
and for said state,personally appeared William H.Thomas,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 person upon behalf of which the individual acted,
executed the instrument.
/Vf,47„.0
Notary Pu is
SHELLY VAN NOSTRAND
Notary Ptibiit<,State of New York
No.MA49e4e20
Quei5Red In Warren County,
RECORD&RETURN
Bartlett,Pontiff. Stewart&Rhodes, RC,
PO.Box 2168, One Washington Street
Glens Falls,New York 12804
Z: .tti i awit Ccal i ropeilytqueenstYU-y Fi ronuraiLVit1aain%i:Jee Deed with Covenants r sinst Grantors Acts and
Licn.wpolsvnl
5/21/07
WARREN COUNTY
PAMELA J. VOGEL I OC HIEMTt 0000 Boo
COUNTY CLERIC V QL_LII d 3289 PAGE: 40
111111 Lake George, NY 92845
Instrument plumber: 2007-000Q 800
Recorded On: .tune 12,2007 Deed As
Commercial
Parties: ECONOMIC DEVELOPMENT CORP
To
QUEENSBURY ECONOMIC DEVELOPMENT CORP Billable Pages: 3
Recorded By: COMMUNITY TITLE
Comment:
Num Of Pages: 4
"Examined and Charged as Follows: "
Deed Commercial 34.00 Cover Page 5.00 RP-5217 Conlmerclal
165.00
TP-584
5.00
Recording Charge: 209.00
Considoration
Amount Amount RS#/CS#
Transfer Tax 800.00 200.000.00 TT 2645 Basic 0.00
QUEENSBURY
Special Additional 0.00
Addit'vnal 0.00 Transfer B00.00
Tax Charge: 800.00
RECORDED
Counb Clerks Ur ice
Jun 12,2007 09:40
Pamela J. Vogel
warren Caunt9 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: 2007-00005800 WILLIAM F FITZGERALD ESQ
Receipt Number: 36862 PO BOX 299
Recorded DatefTtne: June 12,2007 09:46:28A GLENS FALLS NY 12801
Book-Vol/Pg: Bk-RP VI-3289 Pg-40
Cashier/Station: T Riddell / Cash Station 1
t, DUCUM NT- 0 1005800
VOLUME: 3289 PAE: 41
BARGAIN AND SALE DEED WITH COVENANTS
lhlSRANTOR
THIS INDENTURE, made the Or- day of June 2007, between ECONOMIC
DEVELOPMENT CORPORATION, a public benefit corporation organized under the laws
of New York, having its principal office at 234 Glen Street, Glens Falls, New York, party of
the first part, and Queensbury Economic Development Corp.,a Not for
Profit
with an address of 742 Bay 1.d , Queensbury, New York, party of the second part,
WITNESSETH,that the party of the first part,in consideration of One Dollar($1.00)
►� lawful money of the United States, and other good and valuable consideration paid by the
party of the second part, does hereby grant and release unto the party of the second part,
its successors and assigns forever,
8 Q SEE SCHEDULE A ATTACHED HERETO AND MADE PART HEREOF
tN w
a z Together with all right, title and interest, if any, of the party of the first part in and to
W
I.- 9
c co any streets and roads abutting the above-described premises, to the centerline thereof,
E 00 Together with the appurtenances and all the estate and rights of the party of the first
part in and to said premises,
To have and to hold the premises herein granted unto the party of the second part,
its successors and assigns forever.
Subject to the trust fund provisions of Section Thirteen of the Lien Law.
The property described above does not constitute all or substantially all of the
assets of the party of the first part.
This conveyance is being made in the usual or regular course of business of the
party of the first part.
•
•
DOCUMENTt-. 00005300
1.
• VOLUME: 3289 PACE: 42
IN WITNESS WHEREOF, the party of the first part has caused this deed to be
signed by its duty authorized officer.
ECONOMIC DEVELOPMENT
CORPORATION
STATE OF NEW YORK )
)ss.:
COUNTY OF W sxaas )
On the S.- day of June in the year 2007 before me,the undersigned,personally appeared
Le—% Pi _ 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.
4
N1,77 Public
237149
JONATHAN C.ZAPPER
Notary Public,State of New Yank
No.o2LA4948141
oueitAed in Werren
Cori m SSIOn Expires March County 8. 0_11.
•
DOCUMENTt 00005E;',00
+?OLuriE: 328w PAGE: 43
SCHEDULE A
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in the
Town of Queensbury, County of Warren and State of New York, being Lot 3 as shown on a
subdivision plan entitled, "Golden Arrow Industrial Park,WCREDC/QEDC,Queensbury Avenue,
Town of Queensbury,"made from a survey made by Van Dusen&Staves,Land Surveyors, dated
December 15,2003 and last revised 5/15/04,which map was filed in the Warren County Clerk's
office on December 13,2004 in Cabinet B as Plat No.282,more particularly bounded and described
as follows:
BEGINNING at the northwesterly corner of Lot 3 in the southerly bounds of a proposed
road;thence running easterly along said proposed road,along a curve to the left,having a radius of
350.00 feet,a distance of 98.55 feet to the southerly bounds of lands of Niagara Mohawk Power
Corporation;thence running along the same, South 75° 14'00"East,northeast corner of Lot 3; thence ° ,n � � a distance of 1210.95 feet to
running South 06 39 00 We.�t, a distance of 295.97 -f ;
thence running North 83° 16'00"West,a distance of 782.75 feet;thence running South 07'01'00"
West,a distance of 242.78 feet; thence running North 87° 43'30"West, a distance of 275.53 feet
to the southwest corner of Lot 3 and the southeast corner of Lot 2 as shown on said map; thence
running on the division line between Lots 2 and 3,the following three courses and distances:
1. North 07° 01'00"East,a distance of 429.63 feet;
2. North 41° 34'01"West,a distance of 249.80 feet;
3. North 19°27'23"West,a distance of 106.96 feet to the point and place of beginning.
Bearings given in the above description refer to magnetic North.
BEING the same premises conveyed by bargain and sale deed from County of Warren to
Economic Development Corporation dated June 1,2007 to de recorded inttLb Warren
County Clerk's Office immediately prior to this deed.
Record end Return to:
William F. Fitzgerald, Esq.
PO Box 299
Glens Falls NY 12801
REAL ESTATE CONTRACT
DATED: September , 2013
1. PARTIES. The parties to this Contract (the "Contract") are as follows.
SELLER: Hudson River Local Development Corporation
234 Glen Street
Glens Falls, NY 12801
PURCHASER: Hacker Boat Company, Inc.
8 Delaware Avenue
Silver Bay, NY 12874
2. PROPERTY TO BE SOLD. For the consideration set forth in this Contract, the
receipt of which is hereby acknowledged by Seller, Seller hereby agrees to sell
and Purchaser hereby agrees to purchase the following real property owned by
Seller pursuant to the terms and conditions set forth herein: (i) a 11.63+/- acre
parcel of vacant real property located on Queensbury Avenue identified as tax
map number 303.16-1-78; (ii) a 3.63 +l- acre parcel of real property located on
Queensbury Avenue identified as tax map parcel 303.16-1-77, and (iii) a 2.63+/-
acre parcel of real property located on Queensbury Avenue identified as tax map
number 303.16-1-76, subject to all recorded declarations of covenants and
restrictions, together with all easements and other interests and rights of Seller
which are appurtenant to the real property, including, but not limited to, all right,
title, and interest, if any, of Seller in and to any land lying on any street, road, or
avenue in front of, within, adjacent to, or adjoining such land (collectively, the
"Property"); all parcels are in the Town of Queensbury in Warren County, State of
New York to be more particularly described by a survey map, to be obtained by
the Purchaser, at its expense.
3. PURCHASE PRICE. The Purchase Price for the Property is allIMINIF
Thousand and 00/100 Dollars
4. DEPOSIT AND PAYMENT OF PURCHASE PRICE. Purchaser shall pay the
purchase price to Seller as follows:
(A) $1,000.00 in accordance with the terms of Section 20 below; and
(B) by bank or certified check at closing.
1
5. ENCUMBRANCES. Seller's interest in the Property shall be conveyed to
Purchaser subject to the following title exceptions:
(A) Any state of facts an accurate survey may show, provided title to the
Property is not rendered unmarketable thereby;
(B) Sewer, water, electric, gas, telephone, and other public utility consents
and easements heretofore or hereafter recorded;
(C) Building restrictions and regulations of the jurisdictions wherein the
Property is located, and any additions or amendments thereto;
(0) Zoning ordinances and regulations, and any amendments thereto, of
governmental authorities having jurisdiction over the Property;
(E) Any assessment or assessments for municipal improvements, the
construction of which is commenced after the date of this Contract, and
thereafter becoming liens on the Property; and
(F) Declaration of Uses and Restrictions attached hereto.
6. TITLE DOCUMENTS AND OTHER PAPERS.
(A) Within fifteen (15) days after the Effective Date, Seller shall provide
Purchaser with copies of all abstracts of title, fee title insurance policies,
surveys, engineering reports and environmental studies, and any other
reports or information concerning the Property that are in Seller's
possession or control, if any.
(B) Purchaser shall bear the cost and expense of continuing any abstracts of
title, or obtaining stub searches for any title insurance policies, or
obtaining tax searches applicable to the Property.
(C) If a closing of title doesn. at occur.hereunder, Purchaser shall deliver or
redeliver to Seller, as the case maybe, all documents obtained from Seller
under this section prior to Escrow Agent returning the Deposit to
Purchaser, provided Purchaser is entitled to such deposit refund.
7. UNMARKETABLE TITLE CONTINGENCY; WAIVER.
(A) It).the event Seller is unable to convey a good and marketable title to his
interest in the Property free from all liens, encumbrances, restrictions,
encroachments, or other defects in title except those specified in Section 6
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•
hereof, and Purchaser refuses to take title for that reason, this Contract
shall be deemed canceled and the Deposit shall be returned to the
Purchaser and neither party shall have any further obligations or liability
hereunder.
(B) Notwithstanding anything in Subsection 7(A) to the contrary, if at the time
of the closing of title the Property is affected by any lien or encumbrance
that has arisen as a result of Seller's acts or omissions and the same can
be liquidated and discharged by the payment of a sum of money, the
same shall not be deemed an objection to title, but Seller shall deposit
with the attorney representing Purchaser, at closing, as escrow agent, or
with a title company of Purchaser's choice, as escrow agent, a sum of
money sufficient to satisfy and discharge the lien or encumbrance. The
attorney or title company, pursuant to a written escrow Contract, shall pay
the lien or encumbrance out of the fund and return the unused balance to
Seller. Seller shall pay any additional amount that may be required for the
purpose of satisfying and discharging the lien or encumbrance.
(C) Purchaser, at its option, may elect to (i) waive any defects in title and
proceed to closing, (ii) obtain, at its expense, affirmative title insurance
coverage for any defects and proceed to closing, or (iii) terminate this
contract, in which case Escrow Agent shall return the Deposit and neither
party shall have any further obligations or liability hereunder.
8. RIGHT OF ENTRY: INSPECTION CONTINGENCY; INDEMNIFICATION.
(A) Seller grants to Purchaser, and its duly authorized independent
contractors, agents and employees, from and after the Effective Date, the
right to enter in and upon the Property to inspect the same, to make such
surveys, tests (including, but not limited to environmental audits and
tests), inspections, investigations and studies as Purchaser shall deem
necessary, provided, however, that (1) such right of entry shall be at
Purchaser's sole risk, cost and expense; and (2) Purchaser shall repair
any damage and shall restore the Property to its original condition (as
nearly as practicable) after such surveys, tests, inspections,
investigations, studies and estimates are completed.
(B) Notwithstanding anything in Section 5 of this Contract to the contrary, shall
Purchaser, in the exercise of its reasonable discretion, determine as a
result of any examination of title that it may make, or any surveys, tests,
inspections, and studies it may undertake pursuant to Subsection 8(a)
hereof, that restrictions or limitations on the Property will not permit it to
construct such buildings and improvements as it may contemplate
constructing on the premises, then by notice delivered hereunder, it may
terminate this Contract, in which case, the full Deposit shall be returned to
Purchaser, and, thereafter, neither party shall have any further obligations
or liability to the other hereunder; provided, however, that the notice of
termination permitted under this Subsection 8(b) shall be delivered to
Seller no later than October 30, 2013. In the event that delay in the
completion of the inspections, due to no fault of the Purchaser, Seller shall
grant reasonable extensions.
(C) Purchaser shall deliver, or cause to be delivered, to Seller one copy of
each environmental audit or other like study prepared by its engineers and
consultants under Subsection 8(a). Delivery of such report or reports shall
be made contemporaneously with Purchaser's receipt of the same from its
engineers or consultants. Further, if title shall not close hereunder,
Purchaser shall also deliver, or cause to be delivered, to Seller a copy of
each soils, geological, and engineering report or study prepared in
connection with the investigations undertaken under Subsection 8(a), plus
a copy of each survey map made of the Property, prior to Escrow Agent
returning the Deposit to Purchaser, provided Purchaser is entitled to such
deposit refund.
(D) Purchaser hereby agrees to defend and indemnify and hold Seller safe
and harmless from and against any and all claims, losses, liabilities,
judgments. orders, costs and expenses (including, without limitation,
reasonable attorney's fees) which Seller, its officers, directors and/or
employees may suffer or incur as a result of, or arising out of, or
connected with, Purchaser's, or its contractors', agents' or employees'
exercise of this right of entry.
(E) The Purchaser hereby covenants and agrees to indemnify, defend, save
and hold harmless the Seller, its successors or assigns from all liabilities,
charges, expenses and costs due to or by reason of such property
damage, injuries, deaths, liabilities, claims, suits or losses however
occurring or damages growing out of Purchaser, its employees, vendors,
contractees, invitees and/or guests; entering the Property and conducting
the inspections anticipated under this Contract.
(F) Purchaser shall require all independent contractors it hires to do work
under this Section 8 to maintain such suitable public liability, property,
automobile, workmen's compensation; and other insurance as shall
protect the property, liability, and financial interests of Purchaser and
Seller.
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9. CONDITIONS PRECEDENT TO PURCHASER'S OBLIGATION TO
PURCHASE. In addition to the conditions precedent set forth in Sections 7 and
8 above, the obligation of Purchaser to purchase the Property is subject to the
satisfaction of the following conditions precedent:
(A) Purchaser obtaining all zoning, planning and any other approvals
(including but not limited to any approvals required in connection with the
runway protection zone located adjacent to the Property) necessary for
Purchaser to construct a boat production facility including but not limited to
all permits necessary and required for the design, manufacture, sale.
repair, and maintenance of boats, and related site improvements at the
Property as contemplated by Purchaser. If such approvals are not
obtained, Purchaser may terminate this Contract by written notice given to
Seller on or before February 15, 2014. In such event, the full Deposit shall
be returned to the Purchaser and, thereafter, neither party shall have any
further obligations or liability to the other hereunder.
10. REPRESENTATIONS AND WARRANTIES OF SELLER. To induce Purchaser
to enter into this Contract, Seller warrants and represents to Purchaser as
follows:
(A) At Closing, Seller will be the sole holder of the fee simple title to the
Property and will transfer to Purchaser good and marketable title to all of
the Property, free and clear of all mortgages, pledges, liens (including,
without limitation, tax liens), charges, security interests, claims, conditions,
restrictions, encumbrances and obligations, of any type, kind or nature
whatsoever, except as permitted under Section 5 of this Contract.
(B) There is no action, suit or proceeding which is pending or threatened
against the Property and there is no action, suit or proceeding which is
pending or threatened against Seller with respect to Seller's title to the
Property_
(D) There are no actions, suits, claims, citations, proceedings, arbitrations,
investigations, or inquiries, governmental or otherwise, seeking money
damages, injunctive relief, remedial action or any other remedy pending or
threatened against or affecting the Property relating to: (i) a violation or
non-compliance with, or any matter otherwise arising under, any federal,
state or local environmental law; (ii) the release or threatened release of
oil or hazardous wastes, hazardous substances, hazardous materials or
any other contaminant or pollutant; or (iii) the exposure to oil or hazardous
wastes, hazardous substances, hazardous materials or any other
contaminant or pollutant.
5
(E) Except for property tax liens, there is no action or liability of any nature
whatsoever, contingent or otherwise, which, to the best of Seller's
knowledge, is or could become a lien or other encumbrance against the
Property nor is Seller engaged in any action with respect to the Property
which could give rise to a claim against the Property.
(F) Seller is not aware, nor has Seller received notice of any violation of any
applicable federal, state, or local law, or regulation including, without
limitation, any applicable building, zoning or other law, ordinance or
regulation affecting the Property or its operations; if during the term of this
Contract, Seller receives any such notice, Seller will immediately send a
copy to Purchaser.
(G) Seller is not a ''foreign person," as defined in federal tax law.
11. DEED. Good and marketable fee simple absolute title to the Property free and
clear of all liens and encumbrances, except as herein permitted, shall be
transferred from Seller to Purchaser by means of a Bargain and Sale Deed
furnished by Seller. The deed will be properly prepared and signed so that it will
be accepted for recording by the Warren County Clerk. In addition to the deed,
at Closing Seller shall deliver an executed Combined Real Estate Transfer Tax
Return, Credit Line Mortgage Certificate, and Certification of Exemption from the
Payment of Estimated Personal Income Tax (TP-584) and an Equalization and
Assessment Form (RP-5217), together with any other documents or instruments
that may be reasonably required by Purchaser's counsel in order to effectuate
the consummation of this transaction, including but not limited to any affidavit of
Seller which may be required by Purchaser's title insurance company.
12. NEW YORK STATE TRANSFER TAX. Seller agrees to pay the New York State
Real Property Transfer Tax as set by law.
13. TAX AND OTHER ADJUSTMENTS. The following, if any, shall be pro-rated
between Purchaser and Seller as of the date of possession:
(A) Taxes, sewer and water rents; and
(B) Municipal assessments.
14. DATE AND PLACE OF TRANSFER OF TITLE. The transfer of title to the
Property from Seller to Purchaser ("Closing") will take place at the office of the
Purchaser's lending institution or as otherwise agreed on or before February 28,
2014.
6
15. POSSESSION. Purchaser shall be granted possession of the Property at
Closing.
16. RISK OF LOSS. The risk of loss to the Property shall remain with Seller until the
Closing, and in the event of material damage to the Property by fire or other
casualty prior to the Closing, Purchaser shall have the option to either cancel this
Contract, in which event the full Deposit shall be returned to Purchaser or
proceed to purchase the Property, without any abatement of the purchase price.
Purchaser shall have no rights in or to any policy proceeds paid to Seller under
any casualty insurance policies it may maintain in force and effect on the
Property.
17. SURVEY. The survey identified in Section 2 of this Contract shall be certified
to both Purchaser and Seller and such other persons as Purchaser may elect.
18. SELLER'S REMEDIES. If Purchaser defaults in making any payment or in
performing any other obligation hereunder, Seller may either bring an action
against Purchaser for specific performance, or enforce a forfeiture of Buyer's
interest in any lawful manner. If any such action is commenced, Seller, as part of
its claim, may recover the costs and expenses of the litigation, including the
reasonable attorney's fees incurred by it in prosecuting such action. In no event
shall the provision of this Section 19 affect Seller's other lawful rights or remedies
against Purchaser, whether at law or in equity.
19. BROKER'S COMMISSIONS. The parties acknowledge that no realtor has been
involved in this transaction.
20. DEPOSITS.
All payments made by Buyer on account of the purchase price prior to closing
shall be deposited in an escrow account held by Sellers Attorney.
Buyer shall receive a refund of all deposits made by Buyer if:
a. Seller is unable to deliver marketable title, or
b. This contract is terminated pursuant to any other
provision of this contract.
21. ASSIGNMENT:
This Contract may be assigned by the PURCHASER without prior written permission of
SELLER.
22. ENTIRE CONTRACT. It is understood and agreed that all prior understandings
7
and Contracts between Seller and Purchaser are merged into this Contract. This
Contract may only be modified by a written instrument signed by both parties.
23. BINDING CONTRACT. Purchaser and Seller agree that they, their legal
representatives, heirs, executors, administrators, successors and assigns will be
bound under this Contract.
24_ GOVERNING LAW. This Contract shall be construed and enforced in
accordance with, and governed by, the laws of the State of New York.
25. REPURCHASE.
In the event that the Purchaser has either (i) not received a building permit; or (ii)
received the building permit but not commenced construction, within two years of
the date of Closing, the Seller shall have the option to repurchase the Property
for $75,000. The Seller shall have sixty days from the second anniversary date
of Closing to exercise its option. This provision shall be included in the deed and
shall survive closing.
In the event that the Purchaser obtains a building permit and commences
construction within two years of the date of Closing, the Seller's option to re-
purchase is null and void.
26. DUPLICATE ORIGINALS. This Contract may be executed in two or more
duplicate originals, each of which shall be an original and all of which shall
constitute but one Contract.
IN WITNESS WHEREOF, the parties hereto have duly executed this Contract as
of the date first written above.
SELLER:
HUDSON RIVER LOCAL
DEVELO 4.4070 ORATION
By: e..----<�J„Z-i'Dated: r4� ?�‘ 3
PURCHASER:
HACKER BOAT COMPANY, INC.
By: -- � Dated: t
I
E. George Badcock, President
341975.4
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