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Application LITTLE & O'CONNOR ATTORNEYS, P.C. NINETEEN WEST NOTRE DAME STREET-P.O.BOX 898 GLENS FALLS, NEW YORK 12801-0898 J.DAVID LITTLE MICHAEL J.O'CONNOR AREA CODE 518 TELEPHONE 792-2113 FAX 792-6972 NATHAN P.HALL ELIZABETH E.LITTLE OF COUNSEL April 15, 2014 *HAND DELIVERED* APR 15 2014 „,J Planning Board �" Town of Queensbury 742 Bay Road Queensbury,NY 12804 Re: Site Plan Review Application 0 Lower Warren Street— Tax Map #:303.19-1-41 0 Green Avenue— Tax Map #:303.19-1-40 Gentlemen: We represent Wayne Mattison, who wishes to purchase the above properties and establish an Automobile Sales and Service Facility. To do so, a Use Variance must be approved by the Zoning Board of Appeals; an application for same has been submitted. Use Variances are not easy to obtain and thus, we would like to approach this project in a two- step manner. Enclosed please find the following: 1. Site Plan Review Application; 2. Site Plan Map; 3. Deed for Lower Warren Street—Book 1232/Page 323; 4. Deed for Green Avenue—Book 1351/Page 73; 5. Building Elevations; 6. March 19, 2014 Email from Craig Brown; and 7. Office check, in the amount of$100.00 to cover the application fee;. We ask that you docket this application with the understanding that same is not complete. No site engineering has been obtained. The minimum quote we have seen for engineering on a project like this is $5,000.00. To expend that money before we get to site plan review places an undo burden on the Applicant, particularly for a small project. The final site plan review application will show full compliance with all regulations without a request for any further variances, if the use variance is approved. The final site plan review application will: 1. Comply with setbacks, height, lot coverage, permeability and floor area ratio; and 2. Have necessary stormwater facilities designed. WEB SITE: www.littleoconnor.com EMAIL: mjoconnor @Iittleoconnor.com Planning Board Town of Queensbury Re: Site Plan Review Application 0 Lower Warren Street—Tax Map#: 303.19-1-41 0 Green Avenue—Tax Map #: 303.19-1-40 April 15, 2014 Page 2 of 2 At this time, we ask that you waive the filing of necessary engineering and survey, with the stipulation that, if the use variance is granted, all necessary information will then be assembled and submitted and be subject to your standard review. It makes common sense to have the Board exercise its discretion on the completeness of the application based on the Applicant's stipulation. Yours Very Truly, LITTLE & O'CONNOR ATTORNEYS, P.C. \i‘l\K4,__________, By: Michael J. onnor MJOC/km1 CC: VIA EMAIL Wayne Mattison Marla Willette—Realty USA Suzanne Spector-Tougas, Esq. Gary Arehart—Rondack Realty WEB SITE: www.littleoconnor.com EMAIL: mjoconnor @littleoconnor.com Site Plan Review Revised June 2009 Site Plan Review Application Review Process: o Initial meeting with Zoning Administrator o Pre-submission meeting with staff is required to determine general completeness To be held no later than 1 week prior to deadline submittal - Call (518) 761-8220 for an appointment o Application submittal: One (1) original and 14 copies of the application package with application fee o Determination of application completeness and placement on an agenda. o Submittal to Warren County Planning Department, if applicable. o Planning Board meetings are generally the third & fourth Tuesday of each month. You will be advised in writing as to which meeting to attend. o 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 approved, the next likely step is a Building Permit If your application was denied your project cannot proceed as submitted. Documentation Requirements: 1 original & 14 copies of the completed application package with one (1) copy of deed Fee: $100: 0 to 10,000 sf $250: 10,001 to 30,000 sf $500: 30,001 to 100,000 sf $1000: 100,000+ sf Zoning Staff& Contact Information: Craig Brown, Zoning Administrator craigb a(�queensbury.net Laura Moore, Land Use Planner Imoore(cqueensbury.net Pam Whiting, Office Specialist 518-761-8220 pamwnqueensbury.net Visit our website at www.queensbury.net for further information and forms Town of Queensbury Planning Office- 742 Bay Road •Queensbury, NY 12804 • 518-761-8220 1 Site Plan Review Revised June 2009 General Information Tax Parcel ID: 303.19-1-41 &40 Zoning District: CLI Current Use: VACANT PARCELS Proposed Use: APPLICANT WISHES TO OPERATE AN AUTO USE FACILITY FOR THE REPAIR AND SALES OF AUTOMOBILES. Location of project: 0 LOWER WARREN STREET (303.19-1-41) -340 -VACANT INDUSTRIAL-0.36 ACRES 0 GREEN AVENUE (303.19-1-40) - 311 -VACANT RESIDENTIAL -0.11 ACRES Applicant Name WAYNE MATTISON Address: 4 OLD WEST MOUNTAIN ROAD QUEENSBURY,NY 12804 Home Phone Cell: (518) 260-9145 Work Phone Fax E Mail crxinvader @yahoo.corn Agent's Name: MICHAEL J. O'CONNOR Address: 19 W. NOTRE DAME ST-PO BOX 898 GLENS FALLS, NY 12801 Home Phone Cell: (518) 792-6972 Work Phone (518) 792-8728 Fax E-mail mjoconnor @littleoconnor.com Owner's Name: MICHAEL D. LARSON Address 38 TRIPP LAKE ROAD SHARON C.WELLS CHESTERTOWN, NY 12817 Home Phone Cell Work Phone J Fax E-mail Town of Queensbury Planning Office• 742 Bay Road Queensbury. NY 12804 • 518-761-8220 2 Site Plan Review Revised June 2009 Site Development Data Area I Type Existing sq. ft. Proposed Total sq.ft. Addition sq. ft. _ A. Building footprint PROPOSED -0- 2048 2048 B. Detached Garage -0- -0- -0_ C. Accessory Structure(s) -0- -0- -0- D. Paved, gravel or other hard surfaced area -0- 12280 12280 E. Porches/Decks -0- -0- -0- F. Other 0- -0- -0- G. Total Non-Permeable [Add A-F] -0- 14328 14328 H. Parcel Area [43,560 sq. ft. I acre] 20473 20473 20473 I. Percentage of Impermeable Area of Site [1=G/H] -0- 70% Setback Requirements Area Required Existing Proposed VACANT Front [1] 50 50 Front [2] 50 50 Shoreline N/A Side Yard [1] 30 30 Side Yard [2] Rear Yard [1] 30 30 Rear Yard [2] Travel Corridor N/A Height[max] 60 20 Permeability 30% 30/a o No. of parking spaces Town of Queensbury Planning Office-742 Bay Road •Queensbury, NY 12804 • 518-761-8220 3 Site Plan Review Revised June 2009 Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? N/A - PUBLIC SEWER 2. If the parcel has previous approvals, list application number(s): UNKNOWN 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? NO 4. Estimated project duration: Start DateSPRING 2014 End Date FALL 2014 5. Estimated total cost of project: $50,000.00 6. Total area of land disturbance for project: 6500 SQ. FT. Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage. Zoning District Symbol Floor Area Ratio [FAR] Waterfront Residential WR 0.22 Commercial Moderate CM 0.3 Commercial Intensive Cl 0.3 A. The combined area of all square footage. as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck. docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included. (See"FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site. Parcel Area sq. ft. Existing Floor Area sq. ft. [see above definition] Proposed Additional Floor Area sq. ft. Proposed Total Floor Area sq. ft. Total Allowable Floor Area (Area x )Jsee above table] Town of Queensbury Planning Office- 742 Bay Road Queensbury, NY 12804• 518-761-8220 4 Site Plan Review Revised June 2009 § 179-9-080 Requirements for Site Plan Approval. The Planning Board shall not approve a Site Plan unless it first determines that such site plan meets the following Standards. Please prepare responses to each of the following topics. STANDARDS A. The proposed project furthers or is consistent with the policies of the Town's Comprehensive Plan. B. The proposed project complies with all other requirements of this Chapter,including the site plan review standards as set forth in Paragraph F of this section,the dimensional,bulk,and density regulations of the zoning district in which it is proposed to be located(Article 3 and Table 1), the applicable requirements of all other Articles that apply C. The site plan encourages pedestrian activity internally and,if practicable,to and from the site with pedestrian paths or sidewalks connected to adjacent areas. D. The site plan must conform to Chapter 136 Sewage and Sewage Disposal, Chapter 147 Stormwater Management Local Law, and other applicable local laws. E. the proposed use shall be in harmony with the general purpose or intent of this Chapter,specifically taking into account the location,character and size of the proposed use and the description and purpose of the district in which such use is proposed, the nature and intensity of the activities to be involved in or conducted in connection with the proposed use and the nature and rate of any increase in the burden on supporting public services and facilities which will follow the approval of the proposed use. F. The establishment,maintenance and operation of the proposed use will not create public hazards from traffic,traffic congestion or the parking of vehicles and/or equipment or be otherwise detrimental to the health. safety or general welfare of persons residing or working in the neighborhood or to the general welfare of the town.Traffic access and circulation, road intersections, road and driveway widths, and traffic controls will be adequate. G. Off-street parking and loading facilities will be appropriately located and arranged and sufficient to meet traffic anticipated to be generated by the new use. The establishment of vehicle links between parking areas of adjacent properties are provided where feasible. This furthers the Town's goal of reducing curb cuts and reducing congestion. A twenty-foot wide connection is required. If adjacent properties are either undeveloped or previously developed without having made provision for future linkage, then a future connection must be identified and provided for in the site plan under review for such future linkage when the time arises. The Planning Board may require proof that the applicant has made contact with adjacent property owners for purposes of coordinating linkages with adjacent properties. H. The project shall not have an undue adverse impact upon the natural,scenic,aesthetic,ecological,wildlife,historic,recreational or open space resources of the town or the Adirondack Park or upon the adequate provision of supporting facilities and services made necessary by the project, taking into account the commercial, industrial, residential, recreational or other benefits that might be derived from the project. In making the determination hereunder, the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein under§ 179-9-080 of this chapter,and in so doing, the Planning Board shalt make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in§179-9-080 of this Article. I. The provision for and arrangement of pedestrian traffic access and circulation,walkway structures,control of intersections with vehicular traffic and overall pedestrian convenience shall be safe and adequate for pedestrian movement. Pedestrian connections between adjacent sites shall be provided to encourage pedestrian use. J. Stormwater drainage facilities will prevent an increase of post development drainage flows as compared to pre-development drainage flows. Drainage of the site shall recharge ground water to the extent practical. Surface waters flowing off-site shall not degrade any streams or adversely affect drainage on adjacent properties or public roads. Facilities shall be in conformance with the drainage standards of Chapter 147 of the Town Code and the Town of Queensbury Subdivision Regulations where applicable. K. The water supply and sewage disposal facilities will be adequate and will meet all applicable and current requirements set forth by Department of Health regulations and Chapter 136 of the Town Code. L. The adequacy, type and arrangement of trees, shrubs and other suitable plantings, landscaping and screening shall effectively provide a visual and/or noise buffer between the applicants and adjoining !ands, including the maximum retention of existing vegetation and maintenance,including replacement of dead or deceased plants. M. Fire lanes,emergency zones.and fire hydrants wilt be adequate and meet the needs and requirements of emergency service providers. N. The design of structures, roadways and landscaping in areas susceptible to ponding, flooding and/or erosion will minimize or avoid such impacts to the maximum extent practicable. 0. The site plan conforms to the design standards,landscaping standards and performance standards of this chapter. Town of Queensbury Planning Office- 742 Bay Road -Queensbury, NY 12804- 518-761-8220 5 Site Plan Review Revised June 2009 § 179-9-050 Application for Site Plan Review Application for site plan approval shall be made to the Planning Board using forms supplied by the Board. Application materials and the site plan shall include sufficient information for the Board to make its findings under§ 179-9.070 and 179-9-080 below. In determining the content of the site plan and supporting documentation, the Planning Board may waive certain requirements if the Planning Board deems such requirements or information unnecessary for the type of project proposed. 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 of an applicant Such request shall set forth the specific requirements that are requested to be waived and the reasons for the requested waiver. Absent any waiver or waivers, an application for Site Plan Review shall include the following: REQUIREMENTS SEE COVER LETTER & REQUEST FOR TEMPORARY WAIVERS on Sheet A I A vicinity map drawn at the scale that shows the relationship of the proposal to existing community facilities which affect or serve it, such as roads, shopping areas, schools, etc. The map shall also show all properties, identify owners, subdivisions, streets, and easements within 500 feet of the property. Such a sketch may be superimposed on a United States Geological Survey map of the area. B The site plan shall be drawn at a scale of forty feet to the inch(1"=40 feet) or such other scale as the Planning Board may deem appropriate, on standard 24" x 36" sheets, with continuation on 8W' x 11" sheets as necessary for written information. The information listed below shall be shown,on the site plan and continuation sheets. C Name of the project,boundaries,date,north arrow,and scale of the plan. D Name and address of the owner of record,developer,and seal of the engineer,architect,or landscape architect. If the applicant is not the record owner,a letter of authorization shall be required from the owner E The location and use of all existing and proposed structures within the property, including all dimensions of height and floor area,all exterior entrances,and all anticipated future additions and alterations. F The location of all present and proposed public and private ways, off-street parking areas, driveways, outdoor storage areas, sidewalks, ramps, curbs, paths, landscaping, walls, and fences. Location, type, and screening details for all waste disposal containers shall also be shown. IG The location,height,intensity,and bulb type(sodium,incandescent,etc.)of all external lighting fixtures. The direction of illumination I I and methods to eliminate glare onto adjoining properties must also be shown in compliance with§179-6-020. H The location,height,size,materials,and design of all proposed signs. The location of all present and proposed utility systems including: 1. Sewage or septic system: 2. Water supply system: 3. Telephone,cable,and electrical systems: and 4. Storm drainage system including existing and proposed drain lines, culverts,catch basins, headwalls. endwalls, hydrants. manholes,and drainage swales. J Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, and flooding of other properties, as applicable. A Stormwater Pollution Prevention Plan (SWPPP) for all land development activities (excluding agricultural activities) on the site that results in land disturbance of 1-acre or more. A SWPPP shall comply with the requirements of the DEC SPDES MS-4 General Permit and Chapter 147 of the Town of Queensbury Code. It shall be at the discretion of the Planning Board as to whether a SWPPP or an erosion and control plan shall be required for a site plan review project land disturbance of less than 1-acre. K Existing and proposed topography at two-foot contour intervals,or such other contour interval as the Planning Board shall allow. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the 100- year floodplain,the area will be shown, and base flood elevations given. Areas shall be indicated within the prcposed site and within 50 feet of the proposed site where soil removal or filling is required,showing the approximate volume in cubic yards. L A landscape plan showing all existing natural land features that may influence the design of the proposed use such as rock outcrops, stands of trees, single trees eight or more inches in diameter, forest cover,and water sources, and all proposed changes to these features including sizes and types of plants. Water sources include ponds,lakes,wetlands and watercourses, aquifers,flood plains, and drainage retention areas. M Land Use District boundaries within 500 feet of the site's perimeter shall be drawn and identified on the site plan, as well as any Overlay Districts that apply to the property. � 1 Town of Queensbury Planning Office. 742 Bay Road- Queensbury, NY 12804 • 518-761-8220 6 Site Plan Review Revised June 2009 N Traffic flow patterns within the site,entrances and exits, and loading and unloading areas,as well as curb cuts on the site and within 100 feet of the site. The Planning Board may,at its discretion,require a detailed traffic study for large developments or for those in heavy traffic areas.which shall include: 1. The projected number of motor vehicle trips to enter or leave the site, estimated for weekly and annual peak hour traffic levels; 2. The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site; 3. The impact of this traffic on levels of service on abutting public streets and at affected intersections, Existing and proposed weekly and annual peak hour traffic levels and road capacity levels shall also be given. O For new construction or alterations to any structure,a table containing the following information shall be included: 1. Estimated area of structure to be used for particular purposes such as retail operation,office.storage,etc.; 2. Estimated maximum number of employees; 3. Maximum seating capacity,where applicable;and 4. Number of parking spaces existing and required for the intended use. P 1. Floor Plans. 2. Elevations at a scale of one-quarter inch equals one foot(1/4"=1 foot)for all exterior facades of the proposed structure(s)and/or alterations to or expansions of existing facades,showing design features and indicating the type and color of materials to be used. Q Soil logs,water supply well and percolation test results, and storm runoff calculations, as needed to determine and mitigate project impacts. R Plans for disposal of construction and demolition waste,either on-site or at an approved disposal facility. S Plans for snow removal,including location(s)of on-site snow storage. T An Environmental Assessment Form LEAF"),as required by the SEQRA regulations,with Part 1 completed by the Applicant shall be submitted as part of the application. If the proposed project requires a special use permit and an EAF has been submitted in conjunction with a special use permit application,a duplicate EAF is not required for the site plan application.. U If an application is for a parcel or parcels on which more than one use is proposed,the applicant may submit a single application for all such uses provided the proposed uses are accurately delineated on a site plan drawn pursuant to the requirements set forth above. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQRA compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together. ✓ A brief narrative statement on how the project proposed For review furthers or is consistent with the vision,goals and policies in the Town's Comprehensive Plan. Town of Queensbury Planning Office- 742 Bay Road •Queensbury, NY 12804 • 518-761-8220 7 Site Plan Review Revised June 2009 Pre-Submission Conference Form [179-4-0401 1. Tax Map ID 303.19-1-41 &40 2. Zoning Classification CLI 3. Code Reference for Review: Site Plan (179-9-050) . 4. Ordinance Reference#: 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 Additional Project Information Complete Yes No *Coverage under DEC SWPPP Proaram Yes No FAR Worksheet complete Yes No Standards addressed Yes No Checklist items addressed Yes No Environmental Form completed Yes No Signature Page completed Yes No 'Applicant must provide office with Notice of Intent (NOI): SWPPP Acceptance Form, DEC letter issuing permit number: Notice of Termination (NOT) Staff Representative: c'''Applicant/Agent: ^� \' �� Date: \ \ V) Town of Queensbury Planning Office- 742 Bay Road • Queensbury, NY 12804 - 518-761-8220 8 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part I -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 I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part I. 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 WAYNE MATTISON Name of Action or Project: SITE PLAN Project Location(describe,and attach a location map): LOWER WARREN STREET/GREEN AVENUE Brief Description of Proposed Action: SITE PLAN FOR AUTO SERVICE & SALES FACILITY Name of Applicant or Sponsor: Telephone: (518) 260-9145 WAYNE MATTISON E-Mail: crxinvader@yahoo.com crxinvader ahoo.com Address: 4 OLD WEST MOUNTAIN ROAD City/PO: State: Zip Code: QUEENSBURY NY 12804 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X 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: X 3.a.Total acreage of the site of the proposed action? 0.47 acres b.Total acreage to be physically disturbed? 0.32 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.47 acres 4. Check all land uses that occur on,adjoining and near the proposed action. o Urban 0 Rural(non-agriculture) 0 Industrial X Commercial XResidential(suburban) n Forest ❑Agriculture ❑ Aquatic to Other(specify): 0 Parkland Page 1 of 4 5. Is the proposed action. NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: —�_ -- — X X 10. Will the proposed action connect to an existing public/private water supply? NO YES If Yes,does the existing system have capacity to provide service? ❑NO❑YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If Yes,does the existing system have capacity to provide service? ❑NO ❑YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? x 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 ❑Forest ❑ Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑'Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? x 16. Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 l S.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO I YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO TILE BEST OF MY KNOWLEDGE Applicant/sponsor name: WAY E MATTISON Date: 4/ 1S /2014 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 regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? S. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 iNo,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. o 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. o Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer v Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Site Plan Review 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: MICHAEL D. LARSON & SHARON C. WELLS Designates: MICHAEL J. O'CONNOR As agent regarding: Variance Site Plan Subdivision For Tax Map No.: 303.19 Section 1 Block 41 &40 Lot Deed Reference: 1232 Book 323 Page 9/25/2001Date& Bk 1351/Pg 73 - 11/13/2003 OWNER SIGNATURE: DATE: 4/ /2014 APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Applicant WAYNE MATTISON ApplicantDesignates: MICHAEL J. O'CONNOR As agent regarding: Variance X Site Plan Subdivision For Tax Map No.: 303.19 Section 1 Block 41 & 40 Lot Deed Refe ence: 1232 Book 323 Page9/25/2001 Date& Bk 1351/Pg 73 - 11/13/2003 SIGNATURE: C� l.‘Z a-- DATE: 4/ 1$/2014 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. G.) 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 above. Lg/�l WAYNE MATTISON 4! r 5 /2014 I•gatur■ • .p'c-nt] Print Name [Applicant] Date signed MICHAEL J. O'CONNOR 4/31, /2014 Signature [A•e • •Print Name [Agent] Date signed Town of Queensbury Planning Office- 742 Bay Road•Queensbury, NY 12804 - 518-761-8220 11 I. - -- . . LOWER WARREN STREET — TAX MAP #: 303.19-1-41 WARREN COUNTY CLERK } RECORDING COVER SHEET r. • j W. INITiAtS %� INSTRUMENT 0 (�3�� r I: I: i { No. of PAGES 3 TYPE OF DOC. Deed 1- , ADDTL. FEE TOWN Qucenebury 35/0 o ADDTL. NAMES ! I. TRANSFER TAX AMT. $ /7S). * MORTGAGE AMT. $ I MORTGAGE TAX P .i * TRANSFER TAX STAMP * MORTGAGE TAX STAMP ! A K A I C RECEIVED * T I C REAL ESTATE ** I SEP25200f C4 I TRANSFER TAX * • is WARREN COUNTY A kRkRRAkkkRARk*kAAARAAA kARA*ARAkAkkARkkktlkRA*kARAA*AkAAkAAAkAkAkA*iAAAAAAkkAAA*AAAAAA** Please fill in blanks below before submitting for recording. PARTY OF THE FIRST PART County of Warren I PARTY OF THE SECOND PART Michael D. Larson and Sharon C. Wells l RECORDED BY: /////////////////////////////////////// f RETURN TO: Michael D. Larson A Shnrnn ra„lls / RECORDING STAMP PO Box 23 / j / Warrensburg NY 12885 / . / use z3 •ir E6ls ! / Gi}R OUN Y.ENO' / LARK CLERH Upon recording, this page becomes a part of the f QE SEP 25 4HlO:QQ i document ($3.00) / / RECORDED 1 / • :. . . is r. 1 ' I QUITCLAIM DEED ' 1 THIS INDENTURE,made the 19's day of September,2001 between the COUNTY OF 1 WARREN,a municipal corporation and political subdivision established under the Laws ofthe 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 12845-9803, • party of the first part, and i Michael D.Larson and Sharon C.Wells,as Joint Tenants with Right of Survivorship,having an address of P,O,Box 23,Warrensburg,New York 12885, t' parties of the second part, WITNESSETH, that the party of the first part,in consideration of One Thousand Seven Hundred Filly Dollars($1,750),lawful monies of the United States,and other good and valuable T consideration paid by the parties of the second part,does hereby remise,release and quitclaim unto the parties of the second part,their heirs and assigns, Ca ALL that certain piece or parcel of land,formerly assessed to R.Kent Levack on the 1994 assessment roll of the Town of Queensbury located in the Town of Queensbury,County of Warren and State of New York,and designated an the tax map of said Town as Section 110,Block 3,Lot iV 36,being more particularly described as follows: Warren Street Vac. .36 AC BEING the same premises described in a conveyance from John E.Wertime,as Warren County Treasurer of the County of Wan-en by a tax sale certificate recorded in the Office of the Warren County Clerk on December 13, 1994 in Book 21 of tax sale certificates at page 123. The County of Warren acquired this parcel by reason of a foreclosure of tax liens and have a Judgment and Order to Establish Title from Delinquent Taxes as to Certain Parcels and Parties dated August 24, 1998 and filed in the Office of the Warren County Clerk on August 28, 1998 by the County of Warren,Index No.36824. SUBJECT to:(a)city and village tax liens accruing during the year of the auction and not rclevicd in the last town and county tax immediately preceding the auction;(b)street orothcrspecial assessments unpaid or payable to the municipality in which the premises are situated;and(c)any water charges unpaid or payable to the municipality in which the premises are situated which have not been rctcvicd in the last town and county tax levy,and SUBJECT to all existing tenancies,easements,rights,licenses,privileges,and agreements, as well as 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,and SUBJECT to existing laws and ordinances any state of facts an accurate survey and prudent inspection of the property would disclose,and SUBJECT to any federal and/or state taxes,liens,judgements and encumbrances of record • not otherwise extinguished when the County of Warren took title to the subject parcel. THIS CONVEYANCE is made pursuant to Resolution No.539 of 2001,adopted by the •• Warren County Board of Supervisors on September 14,2401. TOGETHER with the appurtenances and all the cstaleand rights of the party of the first part in and to said premises. • 007-D I/de eds/d m c!l 00-4 • er 1 I I TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, I their heirs and assigns forever. IN WITNESS WHEREOF,the party of the first pan:has caused its corporate seal to be • hereunto affixed,and these presents to be signed by its authorized officer the day and year first t above written. IN PRESENCE,tfb0 .VI� ::. 1 :'• COUNTY WARREN cr,. f':-:• - :O 1 i :G : _t' 1 Ch. an,Board of Su ervisors ca STATE OF.EWi �_) W%1..\,...,= ) ss.: COUNTY OF WARREN ) Cn I On the l9"day of September,in the year 200 I,before me,the undersigned,a Notary Public in and Ifor said state,personalty appeared William H.Thomas,personally known to me or proved tome 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 J 5 signature on the instrument,the individual,or person upon behalf of which the individual acted, iexecuted the instrument. Notary Public • • DAWN M.COLUCCI { !q'JA.Cfnnrilizr:OFMx Tor_( WI EillkaOMWA'+ltl1cotsVty WY tX!<attssat ems(ra'm-Zo0L I . i 1 t . I } I - • i' 006-01/deedsldmcf100-4 I , • — i a S rFt, • L GREEN AVENUE - TAX MAP #30119-1-40 ✓ • DOCUMENT 4-• 1286.5 TYPE: DEE WARREN COUNTY CLERK RETT' 1226 412.00 11/13/2003 RECORDING COVER SHEET RECEIPT: 18145 09:55:00 A.hl. CARYL EMP. INITIALS C' WARREN nCOUNTY rC!CLERK No. of PAGES VOL: DE LIBER: 1351 PAGE: 73 ADDTL. FEE TOWN Queen sbur 2 . • • • * * * * * * * * * * * * **, *************************************************************** Please fill in blanks below before submitting for recording. PARTY OF THE FIRST PART John Palermo, Florence Palermo and The Leggett Family, LLC PARTY OF THE SECOND PART Michael Larson RECORDED BY: —Daniel m Smith RETURN TO: Daniel T. Smith / 38 Art Tennyson Road / Chestertown New York 12817 / PAGE AN() EXAMINED / WARREN COUNTY.N.Y. CARYL N. CLARK.CLERK t 7, 03 NOV 13 AM 9: 55 �-�- Upon recording, this page becomes part of / the document ($3 .00) RECORDED w • t19I;:1351 PdCE 74 THIS INDENTURE,made the j/ day of Two Thousand Three, BETWEEN JOHN PALERMO and FLORENCE PALERMO, residing at 114 Green Mansions Road,Chestertown,New York 12817,and the LEGGETT FAMILY LLC,Chestertown, New York 12817,party of the first part,and MICHAEL LARSON,residing at 38 Tripp Lake Road, P.O. Box 23, Warrensburg,New York 12885,party of the second part, WITNESSETH, that the party of the first part,in consideration of ONE DOLLAR(S1.00) 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, their heirs or successors and assigns of the party of the second part forever, ALL THAT PARCEL OF LAND in the Town of Queensbury,Warren County,New York bounded and described as follows: "McCauley,Frank,Green Street,vacant Lot 14 located as shown on map of Fairlawn;H. Philo,filed in the County Clerk's Office." SOURCE OF TITLE Being a portion of the premises conveyed by North Country Vacation Lands Incorporated to Charles R.Leggett and Priscilla Leggett,recorded in the Warren County Clerk's Office in Book 542 at page 427. The interest of Priscilla Leggett was subsequently conveyed to Charles R. Leggett; the interest of Charles R.Leggett was subsequently conveyed to the Leggett Family, LLC. TOGETHER with all right,tide 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, 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 costs of the improvement and will apply the same first to the payment of the cost of the improvement be:bre using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: FIRST. That said party of the first part is seized of the said premises in fee simple, and has good right to convey same; SECOND. That the party of the second part shall quietly enjoy the said premises; THIRD. That the said premises are free from incumbranccs,except as aforesaid; FOURTH. That the party of the first part will execute or procure any further necessary assurance of the title to said premises; FIFTI-I. That said party of the first part will forever warrant the title to said premises. • t 11!EF.1351 NU 75 The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WFIEREOP,the party of the first part has duly executed this deed the day and year first above written. ti 1JL ��, e N N PALERMO //�L.lt • ' FLORENCE PALERMO STATE OF NEW YORK ) COUNTY OF WARREN )ss.:) On the day of j ' , ' ' in the year 2003 before me,the undersigned, a Notary Public in and for said State,personally appeared JOHN PALERMO and FLORENCE PALERMO,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names arc subscribed to the within instrument and acknowledged tome that they executed the same in their capacity, and that by their signature on the instrument, the individuals,or the person upon behalf of which the individuals acted,executed the instrument. f C Notary Pu• 'c My commission cxpirn ///o?0e)s UAW/t1'fCN 1 tIM Notary Public,State of New York Registration#01R5'4608525 Commission Expires Nov.30, c'700,5— LI2L 351 PAGE 76 • I lafp CRAIG EGG , EMBER LEGGE FAMILY,LLC STATE OF NEW MEXICO )ss.: On the XS day of ,4 Z003 in the year 2003 before me,the undersigned, • personally appeared CRAIG LEGGETT,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,and that such individual made such appearance before the undersigned��'n��hf�C;ity/town) of ,State of -)/Y) ,County of ��1a�:CE�� CW,,r.-*,� OF F1C!AL SEAL Jennifer Reed.. NO•I•A YPUBLIC ♦ // t..... STATI:OFKW i•IF:XICO om�nl����sl`=��Ir�ss....• Notary Public My tommitsien expires • � � , . Front View / -_ / "°"-___--�__- -- �� ---- --_�$�� ' | --~ ~- � . | ^^ r, | --_. «//' , , . ltp .. � la ^ �� � i � ° `-----'----------/ / | | • L___-_'_____^___ ' m ��^ ---'�vx—'-- ___ __________ � . Right.Side View +J2 u'► i • Left Side View 432 Cr r - 4f'tr I I r,^ 1 w I 41111 Rear View | • .^_- "-ton, | ~ . | } From: Craig Brown <CraigB @queensbury.net> Sent: Wednesday, March 19, 2014 9:24 AM To: Michael J. O'Connor Cc: Pam Whiting; Sue Hemingway; Laura Moore Subject: clarification Mike, I just wanted to clarify a couple of this so we can stay on the same page. Mattison: The "discretion"we spoke about regarding the project applications was two-fold. First the ZBA Chairman has the authority to accept a variance application without a current stamped, signed survey if he decides to. Typically, he does not grant the survey waiver if setback issues are at hand. This is a Use Variance so he may be inclined to grant the waiver, but, we will wait to hear from him. Second,the Planning Board may exercise discretion on the completeness of the required Site Plan Review application. Our Zoning code requires that any project needing both PB and ZBA approval MUST first get a recommendation from the PB to the ZBA on the variance. The PB can only do this based on their review of a Site Plan application for the project. The discretion comes in regarding how much information is needed for the PB to render a recommendation. We discussed the "full blown" Site Plan application versus a less detailed submittal to get the recommendation and then, if the UV is approved by the ZBA then you could move forward with the cost and detail associated with a "full blown" SP application. This seems reasonable to me, but,the ultimate decision lies with the PB. We still need a SPR application to get this started. If we can get this from you by Monday, March 24, 2014 at the latest, we will work to get this process started in April. Otherwise, we can move both the AV and SPR to May as you and Laura discussed yesterday. Bear Pond: I received an email from Claudia Braymer agreeing to move the Notice of Appeal to our May ZBA agenda. Our May ZBA dates are the 2155 and the 28". Do you have a preference? We will try to get a date that works for all. I have reached out to Jon Lapper, but not heard back yet. You may wish to confer with him. Hope all is well. Thank you, Craig Craig Brown Director, Planning/Zoning Town of Queensbury 742 Bay Road Queensbury, NY 12804 Ph. 518-761-8218 Fax 518-745-4437 1