Staff Notes for 2/27/2024
Town of Queensbury Planning Board
Community Development Department Staff Notes
February 27, 2024
Site Plan 9-2024 & DREW ZIEHNERT
Special Use Permit 1-2024 2036 Bay Road / Split: RR-3A, LC-42A, LC-10A / Ward 1
SEQR Type II
Material Review: site plan application, site drawings, excerpts of marina permit, aerial of site
Parcel History: UV 98-1989, SUP 3-2004, SUP 32-2015
Warren Co Referral Sent: February 2024 / Comments: NCI
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Requested Action
Planning Board review and approval for the addition of a guide service at the existing Class A Marina.
Resolutions
1. PB decision
Project Description
Applicant proposes a new use at an existing Class A Marina for rental of 1 dock and 2 parking spaces in order
to operate a fishing charter. The Ziehnert Charter is already approved to operate on Lake George by the Lake
George Park Commission. The location allows for client pick up, operating a maximum of 2 trips per day.
Pursuant to chapter 179-3-040 & 179-10-040, site plan and special use permit for modification of a Class A
Marina shall be subject to Planning Board review and approval.
Staff Comments
• Location-The project activity is to occur at 2036 Bay Road on a 22.71 ac parcel in the Land Conservation
42A zone. Noting the parcel is split zone with LC42A, RR5A and LC10A. In addition, noting the Marina is
also located on the adjoining parcel but the activities of the charter are assigned to a specific area of the
marina.
• Arrangement- The site is a pre-existing marina and there are no changes to the site proposed.
• Building – There are existing out buildings on the marina and buildings across the street from the marina
there are no changes proposed to any buildings on the property.
• Traffic- The plans indicate the number of docks, the parking area, the designated parking area and dock
space specific of the Ziehnert Guide Service.
• Grading and drainage plan, Sediment and erosion control-There are no changes to the site the applicant
requests a waiver.
• Landscape plan- There are no changes to the site the applicant requests a waiver.
• Site lighting plan- There are no changes to the site the applicant requests a waiver.
• Utility details- There are no changes to the site the applicant requests a waiver.
• Signage- There are no changes to the site the applicant requests a waiver.
• Elevations, Floor plans- There are no changes to the site the applicant requests a waiver.
• Waivers-Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h.
signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction
details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal.
• The waivers requested–Staff finds it reasonable to request a waiver as these items are typically
associated with commercial projects.
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• Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the
written request of an applicant. The Board is to review the waivers and to determine if they are to be
granted.
Special Use Permit Criteria Review
A. Harmony with Comprehensive Plan. The project is consistent with the comprehensive plan that waterfront
uses through special use permit are anticipated.
B. Compatibility. The project as proposed may be considered compatible as a water related recreational
opportunity.
C. Access, circulation and parking. The plans show the area of the site that they will be allowed to use 1-2 car
spaces for clients and one dock leased for the Charter.
D. Infrastructure and services. There are no changes are proposed at the site and existing services are to remain
for existing Marina operations.
E. Environment and natural features. We intend to utilize an existing site and water access to provide Fishing
Chart on Lake George.
F. Long-term effects. The location will allow for convenience to customers to access Lake George.
Special Use Permit Standards Review
Class A Marina’s are to be compliant with the Lake George Park Commission requirements.
EXCERPT FROM THE LAKE GEORGE PARK COMMISSION –Items in bold caps are staff comments.
Section 646-1.2 Class A Marinas. In addition to the requirements of other sections of this Subpart, all Class A
marinas servicing the waters of Lake George shall comply with the following:
(a) General requirements.
(1) No person shall construct, expand, or operate a Class A marina servicing the waters of Lake George, or alter
or expand the number or type of services or recreational activities offered without obtaining a permit from the
commission, or if a permit has been issued for the subject facility, a modification to the permit for that facility
which authorizes the new or expanded services or recreational uses. Permits shall be issued for a maximum of
five years. ZIEHNERT GUIDE IS AN APPROVED LAKE GEORGE GUIDE AND PROJECT IS
MODIFICATION TO THE PARK COMMISSION TO OPERATE FOR THE EXISTING MARINA.
(2) No permit shall be issued for the construction, operation or expansion of a quick launch facility which was
not in existence and operating, or for which no permit was issued, prior to the effective date of these
regulations. MARINA HAS A CURRENT OPERATING PERMIT AND A SPECIAL USE PERMIT
WITH TOWN AND LAKE GEORGE PARK COMISSION
(3) Permits issued pursuant to Section 646-1.2 (a) (1) of this Title may be issued only to the owner of the
facility or in the alternative to a lessee of the facility and shall authorize activities and uses at that facility. A
permit may not be relocated to other facilities unless a permit for the different facility has been issued by the
Commission. Marina permits will be modified to reflect a sale or transfer of the facility to another owner
subject to a determination by the Commission that the facility is in accordance with the requirements of this
Subpart and permits issued in accordance with this Subpart. Lakefront marina facilities at separate locations
under common ownership shall require separate permits pursuant to Section 646-1.2 (a) (1) of this Title.
MODIFICATION APPLICATION HAS BEEN SUBMITTED TO THE PARK COMMISSION
(4) Special Permits. A special permit is a permit granted by the Commission to operate any new recreational
activity as defined in Section 646-2.4 (1) of this Title or the recreational activities or uses contained in Section
646-1.4 of this Subpart. Special permits are not transferrable to another location and shall not be leased or
transferred to another location, facility or operator. MODIFICATION APPLICATION HAS BEEN
SUBMITTED TO THE PARK COMMISSION (b) Specific Requirements: No Class A marina shall be
constructed, expanded or operated without providing the following:
(1) Restrooms, including toilet facilities, for the use by customers, which shall be available at all times from
May 1 to October 31 of each year.
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(2) One on-site parking space or adequate off-site parking for each vessel berthed. Where the Class A marina
offers rides, instruction or water-based recreation for a fee, adequate parking must be provided for customers of
the Class A marina.
(3) An adequate storage area for trailers or the storage of trailers shall be prohibited.
(4) Where applicable, proof of compliance with New York State fire code standards and DEC bulk storage
standards for the storage of gasoline and hazardous materials. If applicable, no permit application shall be
complete until proof of compliance is submitted to the Commission.
NO CHANGES ARE PROPOSED APPLICANT HAS AGREEMENT WITH OWNER FOR PARKING
AND DOCK USAGE
(5) For each Class A marina with a petroleum sales facility, a plan relative to the inspection and maintenance of
petroleum storage facilities and all associated equipment, and appropriate measures relative to spill prevention
and countermeasures. Such plan shall include:
(i) The inspection of all plumbing and related pumping equipment, not less than daily, to guard against leakage
of petroleum products into the waters of the Park;
(ii) The training of each person pumping motor fuels in procedures to guard against the spillage of such motor
fuels into the waters of the park and procedures to respond to a spill; and
(iii) The maintenance, in close proximity to the pumping facilities, of such equipment as is necessary to respond
to any spill of petroleum products into the waters of the Park or on to land or structures where it may flow into
the waters of the Park.
NOT APPLICABLE TO APPLICANT /PROJECT
(6) Adequate garbage and debris disposal facilities with leak-proof containers, which must be properly
maintained.
REFUSE IS TO BE REMOVED FROM SITE AND DISPOSE OF AT APPROPRIATE LOCATION.
(7) Facilities for the disposal of sanitary wastes from vessels with on-board sanitary equipment including:
(i) On-site pump out facilities, or proven access to pump out facilities, for use by vessels which use the services
of the Class A marina; and
(ii) Facilities for the disposal of waste from portable marine toilets, or proven access to such facilities, for use
by vessels which use the services of the Class A marina. Such facilities shall be designed, installed, operated
and maintained to prevent the discharge of contaminants from marine toilets to the waters of the Park or the
ground from which they may flow into the waters of the Park. For the purposes of this paragraph, vessels using
the services of the Class A marina shall include vessels which moor, dock or are quick launched by the marina.
Written proof of access to disposal facilities for a period equal to the life of the permit shall be required. Off-site
facilities must be located within a reasonable distance from the Class A marina.
NOT APPLICABLE TO APPLICANT /PROJECT
(8) A boat cleaning area that is designed, operated and maintained in such a manner to prevent contamination of
the waters of the Park shall be provided, or boat cleaning shall be prohibited.
ZIEHNERT GUIDE WILL BE COMPLIANT WITH RULES OF OWNER’S SITE
(9) All Class A marina owners or operators engaged in the rental of personal watercraft (PWC) as that term is
defined in Section 646- 2.3 (a) (3) of this Title upon the waters of Lake George shall in addition to the
regulations governing PWC contained in Subpart 646-2 of this Title comply with the following regulations:
(i) The owner or operator of a PWC shall ensure that prior to operation all users of PWC have read the rules and
regulations governing their operation as contained in this Subpart, as well as Subpart 646-2 of this Title. All
users shall sign a form prepared by the owner or operator that indicates the user has read said rules and
regulations. The owner or operator shall maintain written records that the above requirements have been
complied with. The records are subject to inspection by the Commission upon reasonable notice.
(ii) If the PWC is part of a rental fleet or group of PWCs, a tour guide shall operate a vessel with the fleet or
group.
(iii) A fleet or group shall not consist of more than six (6) PWC. The tour guide shall guide the operations and
behavior of the fleet or group. The tour guide shall not be in charge of more than one (1) fleet or group at any
time.
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ZIEHNERT GUIDE HAS DETAILED BUSINESS OPERATIONS AS PART OF SUBMISSION FOR
SPECIAL USE PERMIT
TERM OF SPECIAL USE PERMIT:
ZIEHNERT GUIDE REQUEST PERMANENT
Summary
The applicant has completed a site plan application and special use permit for the operation of a guide service
out of an existing marina. Guide service uses existing parking and docks for operation and will be compliant
with Lake George Park Commission requirements as well for guide service operations.
Meeting History: 1st Meeting