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Home My WebLink About20180830 318 West Ave Correspondance SNYDER, KILEY, TOOHEY, CORBETT & COX, LLP ATTORNEYS AT LAW HARRY D.SNYDER LOREN N BROWN* MICHAELJ. TOOHEY PLEASE REPLY TO: 1994-2016 KATHLEEN A CORBETT P.O. BOX 4367 'RETIRED JUSTICE JAMES G SNYDER SARATOGA SPRINGS, N.Y. 12866 NEW YORK STATE SUPREME COURT JAMES S COX STREET ADDRESS 1E0 WEST AVENUE TELEPHONE(518)584-1500 FACSIMILE(518)584-1503 February 12, 2019 20 ,(611FN FEB I 2 201.9 HAND DELIVERED Mr. Mark Torpey Planning Board Chair City of Saratoga Springs 474 Broadway. City Hall Saratoga Springs.New York 12866 Ms. Jennifer Merriman Administrative Assistant Planning Department City of Saratoga Springs 474 Broadway, City Hail Saratoga Springs,New York 12866 Re: 318 West Avenue, Saratoga Springs, New York 12866 Tax Parcel Nos.: 178.48-1-16, 178.48-1-41 and 178.-4-24 Dear Mark and Jen: You will recall that The LA Group made a serious of presentations to the Planning Board seeking a Lot Line Adjustment, a Special Use Permit and Site Plan approval for the above specified property. All of those Applications were approved by the City Planning Board. I have attached a copy of the Lot Line Adjustment signed by Mark on November 5, 2018, the Notice of Decision for the Special Use Permit signed by Mark on October 4, 2018 and the Notice of Decision with regard to Site Plan Approval signed by Mark on January 14, 2019. Margaret Smith is the principal owner of the company that owns the property and will acquire the property from the "Y" and is the principal of the company that will occupy the mixed-use building that is to be constructed on this joint parcel. Unfortunately. when Ms. Smith originally acquired the property at 318 West Avenue. the attorneys on the transaction and the title company failed to recognize that the Property was being conveyed into the wrong purchaser. That erroneous Deed was recorded in the Saratoga County Clerk's Office on September 6, 2017 and as a result, all submissions to the Mr. Mark Torpey Ms. Jennifer Merriman February 12,2019 Page 2 City were in the name of Gassier Smith Real Estate Holdings, LLC whereas the correct name of the Applicant and intended property owner is Smith Gassier Real Estate Holdings, LLC. The error with regard to the conveyance of the real property was corrected by the recording of a Corrective Deed in the Saratoga County Clerk's Office on January 28, 2019. A copy of the recorded Corrective Deed is attached. As a result, the three (3) decisions that have been made by the Planning Board of the City of Saratoga Springs pertaining to this Project are all in the wrong name. Please accept this request for the Planning Board to use and Mark to sign new decisions for these three (3) Applications. I also enclose to you a new Application signed by my client seeking a Special Use Permit and an Application for the Lot Line Adjustment signed by my client and the YMCA. No aspect of the proposed Project is changing other than the name of the Applicant and the name of the entity that is receiving the three (3) positive Decisions. If any further documentation is needed on this matter, please contact me by phone or email. This entire transaction is now being held up by the fact that we improperly asked for approvals in the wrong name and because of that. the Project can not move forward and be financed. Thank you for your anticipated cooperation. Very truly yours, Michael J. Toohey MJT:tip Enclosures cc: Margaret Smith(msmith@airosmithdevelopment.com) ,.__ .. CITY OF SAMTOGA SPRINGS v., ., ., , ... MARK TORPEY,Chair PLANNING BOARD JAMIN TOTINO,Vice Chair „1„, If J. 0 ROBERT F.BRISTOL • .1 ;;--4.-:•-: i':. .....: City Hall -474 Broadway CLIFFORD VAN WAGNER . 71 ..'-e:? ,••••-.:11' Iii •- rt.... Saratoga Springs, New York 12866 JANET CASEY * •N • TODD FABOZZI • i .L,-;,..:•!. . Tel 518-587-3550 fax 518-580-9.180 RUTH HORTON 1--At-dRi.rirc '1'5\ www.saratoga-springs.org ABIGAIL WOLFSON.Alternate ---1 ifreD(RYAN,Alternate OCi n, u 20/3 NOTICE OF DECISION iiccouhrrs -7,/mENT In the matter of the permanent Special Use Permit application #18.048 of: 318 West Avenue Saratoga Springs. NY 12866 Involving the premises with Tax Parcel 11)4178.48-1-16, 178.48-1-41. 178.-4-24. in the City of Saratoga Springs, on an application for a permanent special use permit for 6675 sq. ft. office and 2 residential units within the Transect-4 Urban Neighborhood District with the Planning Board who met on October 4, 2018 and made the following decision(s) with a 6-0 vote(In favor: Torpey. Totino, Casey, Fabozzi, Horton, Ryan): 1. In accordance with SEQRA regulations 6NYCRR Part 617 and after review and evaluation of the SEQRA short Environmental Assessment Form Parts I and II, made a motion to approve the issuance of a SEQRA Negative Declaration of environmental significance. 2. Following evaluation of the identified six standards for the issuance of special use permit as set forth in 7.1.3 or the City of Saratoga Springs Zoning Ordinance, moved to approve the permanent special use4)ennit._ __ ____ _____--- -- - Unless otherwise extended by the Planning Board. this approval shall expire if the applicant fails to comply with any required conditions and start actual construction, or otherwise implement this approval within 18 months from this date. C-----' October 4. 2018 Date Chair cc: Building Inspector;City Engineer:Accounts Dept;Applicant; .N.V.'. *S., , CITY OF SARATOGA SPRINGS MARK TORPEY. Chair -- -. A - V JAM IN TOTINO, Vice Chair ... ' PLANNING BOARD ROBERT F.BRISTOL I. 7E; i; JANET CASEY ;.--, ., ,L-f:,-_,, F. . •:* -- 0. % ,--' ----: , TODD FABOZZI r 15 City Hall-474 Broadway RUTH HORTON 7 • '3 . ...',' ' ' Saratoga Springs, New York 12866 SARA BOIVIN Tel 518-587-3550 fax 518-580-9460 AMY RYAN Alternate www.saratoga-springs.org SHAWNA JENKS,Alternate RECEIVED NOTICE OF DECISION In the matter of the application - #18.055 JAN 1 4 2019 Airosmith Site Plan ACCOUNTS DEPARTMENT 3 18 West Avenue Saratoga Springs, NY 12866 Involving the premises with tax parcel #s178.48-I-I 6, 178.-4-24, 178.48-1-41, in the City of Saratoga Springs,on an application for final Site Plan Review for 6,675SF office and 2 multi-family residences within the Transect-5 Neighborhood Center District. In accordance with 6 NYCRR Part 617, the Planning Board classified this request as an Unlisted action, assumed lead agency status, and issued a SEQR negative declaration on October 4, 2018. And, in accordance with objectives, standards and guidelines contained in the City Zoning Ordinance,chapter 240, article 7.2 "Site Plan Review",the Planning Board issues the following decision on January 10, 2019 (passed 6-0-in favor: Torpey,Totino, Casey, Horton, Bristol, Fabozzi): El Approve with the following conditions: I. Lighting shields shall be installed on fixtures on northern property boundary to prevent lighting spillover. - — —2:- ADA compliant-pedestrian connection shall be constructed to th-e West Ave frontage sidewalk:— - - -— - 3. One additional streetlight shall be installed along the street frontage. The applicant is required to: l. Deliver a letter of credit or cash escrow in the amount approved by the City Engineer to the City per Article 7.2.15 of the City of Saratoga Springs Zoning Ordinance.This must occur prior to final signature by the Planning Board Chair. 2. Provide Recreation fees of$2,000 for each new residential unit in accordance with 7.2.18 of the City's Zoning Ordinance.This must occur prior to final signature by the Planning Board Chair. 3. Submit one (I) mylar and two (2) paper copies of the final approved site plans for signature by the Planning Board Chair within ei hteelIs of approval as per Article 7.2.12 of the Zoning Ordinance. Note: this approval shall expire within eighteen (18) months of the signature of final plans if the applicant has not started actual construction as per Article 7.2.14 of the Zoning Ordinance. ------Nce.ZA9, 4.---7---Hir----7 January I4 2019 Date Chair cc: Building Dept.,City Engineer, Public Safety,Accounts Dept.,Applicant/Agent; File Page 1 of I [FOR OFFICE USE ' 1 2 i 2 Oito.i ,rie::)/ CI 5- J 0 - • \Pc()GA , ,..s.", CITY OF SAMTOGA SPRINGS (Applic3tion#) • PLANNING BOARD -Al... •.„.,_A ::: 1-17' j (Date received)- -g si I,7N4 eBwr oyaod York a y12866 , /„. s.b. „ ..... Tel:5t Col,Bgi-tYa58SH7P-a1135 1n1 50 fax:518-580-9480 APPLICATION FOR: 1 (Rev:05/2016 LOT LINE ADJUSTMENT ?,a'ig 2. 11 1.1 ir sE ,,,, / 4 U 20/8 Submission Requirements: Sy Please submit (check boxes): E1One(1) hard copy AND one(I)digital copy of the completed application and one(1)copy of the revise. • . t. evi-w. If a;1 oved.the City will require the submission of two(2)mylars(one for City records and one for the applicant to file witaratoga County Real Property Services)and two(2)paper copies of the approved revised plat. **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED” ElApplication Fee:Total $250.,A check for the total amount made payable to: "Commissioner of Finance" MUST accompany this application. Part I:General Information ils_12plicant• Surveyor/Engineer Name: Cassier Smith Real Estate Holdings,LLC Name: The LA Group Address: 32 Clinton Street Address: 40 Long Alley Saratoga Sphngs.NY 12866 Saratoga Springs.NY 1286€ Phone: 518-306-1711 Phone: 518-587-8100 E-mail: E-mail: mbrobston@thelagroup.com _____ PropertyPrip_O @162: Tax Parcel#: 178.46-1-16 Tax Parcel #: 178.48-1-41,118,4-24 Address: 318 West Avenue Address: 290 West Avenue Owner's Name: Cassier Smith Real Estate Holdings,LLC Owner's Name: YMCA of Saratoga Springs Phone: 518-306-1711 Phone: 513-583-9622 Identify primary contact person:Dpplicant FIDwner gi.gent 'An applicant must be the property owner, lessee,or one with an option to lease or purchase the property in question. .._._ Fres ,1 .Jo Will any additional lots be created? NoLf V'es 71\lo Will the newly configured lots meet all minimum zoning requirements? Zfes [ Tho Will the proposed lot line adjustment comply with the Zoning Or . e and Subdivision Regulations? Tires 7o Will the proposed lot line adjustment impede(existing or future)access or Ili skcificii to tlip4ots? , ,•, i„, s.•.i.-„ City of Saratoga Springs Lot Line Adjustment Application p. 1 of 2 r . 4 Part 11: Revised Final Plat and Documents Checklist mip2- revised Final Plat must provide the following in accordance with the following checklist. M.heet size: not to exceed 24"x 36" FA orizontal scale: not to exceed 1 =100 itle Block: Include existing subdivision name, identifying title,the words "City of Saratoga Springs,Saratoga •I nty, New York",submission date, names and addresses of applicants and/or property owners,engineers, planners, and surveyors. / ignature Block should read: 'Approved under authority of the Chairman of the Planning Board of the City of Saratoga Springs per the Subdivision Regulations, Article V. Chairperson _ Date Signed O Site location map O Location/type of property corners O Zoning requirements, area and bulk schedule,setbacks El Tax map numbers O Names of all adjacent property owners O Location of all existing/proposed utilities:water,sanitary sewer,storm water O Location of all existing/proposed water and sewer services O Any existing/proposed easements O Any existing/proposed covenants 0 Existing boundaries/area 0 Proposed boundaries/area O Seal and signature by licensed land surveyor Pat.0 e Owner(s)Signature 1,the undersigned, have thoroughly read and understand the Application for Lot Line Adjustment and the list of items to be shown on the Plats and Documents for Final Review and I consent to all the requirements as set forth in this application. To the best of my knowledge the information provided in this application and on the attached proposed plat and accompanying documentation is true and accurate. , ! Property#1: Property#2: I( Printed Name: ', ) .tc-Wr , 714 i Printed Name: 1-1X c., -rid t.,,, 1 _...4_.__. Signature: ''WalrdrAE. ..- Signature: - L._ t ---- Date: C SY '11 Date: o be coL2!"§araioga Springs 'I fro O Not approved by Chair Reasons: i_ Note:If the req ested lot lin justment is not approved by the Planning Board Chair as a minor amendment, the applicant may seek appr. A r ap: .r;;,(!: fo the full Planning Board. /It / , 0' _____ Signature-Planning Board Chair Date _ - City of Saratoga Springs Lot Line Adjustment Application p.2 of 2 . Saratoga County Clerk , - . ..•<-?, 1,:,- At , CRAIG Ai HAMER 1 L r.1/41. c * \ 4 Kit ‘‘,.._ 40 McMaster Street,Ballston Spa,New York 12020 Phone(518)885-2213 Receist Receipt Date: 02/06/2019 01:54:19 PM RECEIPT * 2019212240525 Recording clerk: TF Cash Drawer: CASH1 Reed Frm: THE ANDERSON FIRM PLLC instr#: 2019003616 DOC: DEED DEED STAMP: 3903 OR Party: HENDERER RALPH A EE Party: SMITH CASSIER REAL ESTATE HOLDINGS LLC Recording Fees Pages 510.00 Cover sheet Fee SS.00 Recording Fee $20.00 Cultural Ed $14.25 Records management - County $1.00 Records Management - State $475 RP5217 Residential/Agricultural - State $116.00 RPS217 - County 59.00 Names $0.00 markoffs 0.50 TP 584 $5.00 Transfer Tax Transfer Tax $0.00 DOCUMENT TOTAL: ----› $185.50 Receipt Summary TOTAL RECEIPT: ----› $185.50 TOTAL RECEIVED: ----> $185.50 CASH BACK: ____> $0.00 PAYMENTS check # 1245 -› $185.00 Cash -› $0.50 *CORRECTIVE DEED* WARRANTY DEED THIS INDENTURE,made the 2-4. 5 day of January. 2019, BETWEEN RALPH A. RENDERER, individual residing at 2 Moore Road, Middle Grove,NY 12850, party of the first part, and SMITH CASSIER REAL ESTATE HOLDINGS, LLC, a New York Limited Liability Company with offices located at 2 Larkspur Court, Greenfield Center, NY 12833, party of the second part. WITNESSETH, that the party of the first part, in consideration of One Dollar (51.00), 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,his heirs and assigns forever: ALL THAT TRACT OR PARCEL OF LAND, situated in the City of Saratoga Springs, County of Saratoga and State of New York, bounded and described as follows: BEGINNING at the southeast comer on north line of land owned by State of New York, running thence north 160 feet more or less along the west line of land owned by Delaware& Hudson Railroad Company, then west 85 feet,more or less, to center of highway known as West Avenue; then south along said West Avenue 160 feet, more or less to land owned by New York State, then east 85 feet, more or less to place of beginning. BEING the same premises conveyed by deed from Raymond S. Meers and Jeanette A. Meers to Ralph A. Henderer and Brenda L. Henderer dated August 15, 1977 and recorded in the Saratoga County Clerk's Office on January 10, 1978 in Book 978 at Page 906. Brenda L. Henderer died a resident of Saratoga County on October 20, 2010. This Corrective Deed is made to correct the party of the second part in Instrument #2017028334 recorded September 6, 2017. SUBJECT TO any covenants, conditions,restrictions and easements of record and any state of facts an accurate survey would disclose. 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, his heirs and assigns forever. AND said party of the first part covenant as follows: FIRST,that the party of the second part shall quietly enjoy the said premises; and SECOND, that the party of the first partwill forever warrant the title of said premises; and THIRD, that in compliance with section 13 of the Lien Law, the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement 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. IN WITNESS WHEREOF, the party of the first part has hereunto set her hand and seal the day and year first above written. By: iz....(')- te. , 1 / 4, Sign H ria -,---„, A. Henderer ere STATE OF ) COUNTY OF ) ss: , ... "---- ) On this rday of 20 q, before me,the undersigned,personally appeared riodo, m i--1eitetit17 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(s)he executed same in his/her capacity,and that by hisThier signature on the instrument, the individual, or the person upon behalf of which the individual acted,executed the instrument,and that such ind. 'dull ade s ch appearance before the undersigned/in the city of ( i.i_a..4 and State of F.:LC41,___Lae I ''.7.71 i' Fo7INE PARKER , / ill.AZ-si.‘ Notary Public-State licf64Flarnioa ' *..4.,,taiii) Corrrrispon 0 GG E ,. 202' ?',1.'5. My Comm.ExPte 5 tvd.ar 1— 2 • Notary'a ubl- r