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Staff Notes Town of Queensbury Planning Board Community Development Department Staff Notes May 21, 2015 Special Use Permit 32-2015 Thomas Jones/Brendon Rozell d/b/a Devocean Water Sports Location/Zone 2036 Bay Road in a RR-5 /LC-42 zone SEQR Type Unlisted Material Review: Application and drawings Parcel History: Class A Marina Requested Action Additional Use to a Marina shall be subject to Planning Board review and approval SECTION 179-10-20 — requires site plan for all special use permits. SECTION 179-10-70 Class A Marinas are to be compliant with the Lake George Park Commission—a permit is required for the additional use of jet ski tour at an existing Class A Marina. Project Description Applicant proposes to utilize a portion of the existing marina -4 deck slips and 8 launch passes to operate a jet- ski tour company. No changes to site. Staff Comments- Site Plan Review The applicant proposes adding a new use to an existing Class A Marina - Dunhams Bay Marina to allow a jet ski tour company to operate out of the marina. The applicant has indicated 4 deck slips and 8 launch passes will be utilized for the business. The business has office and storage facility in Glens Falls and the Marina is only used for launching the jet skis. The applicant has indicated the customers will utilize the parking area at the first entrance on Bay Road and allows clients to walk from the parking area to the docks. The customers will be directed to 12 plus spaces that are to be for clients and it is anticipated 5-8 vehicles per day will be part of the tours. Operation times anticipated from May to October from 9:30am -5:30pm. The Tour Company will bring jet skis to the site and remove them as needed from the site. The applicant proposes no alterations to the site. The applicant has included a detailed description of the business operations from reservations at the Glens Falls site and tours only at the Marina. All refuse generated at the tour will be transported back to the Glens Falls site and disposed of. The applicant has explained they will utilize Diamond Island as part of the tour. The applicant has included the safety measures that will be in place for tours helmets and life vests. The applicant has applied to the Lake George Park Commission for a modification to the existing Marina. Staff Comments - Special Use Permit Criteria Review Harmony w/Comprehensive Plan -Applicant has indicated the project is consistent with the comprehensive plan that waterfront uses through special use permit are anticipated. Compatibility -The project as proposed may be considered compatible as a water related recreational opportunity. Access, circulation and parking -The applicant has detailed that they will be allowed to use 12 plus spaces for the tour company clients. Infrastructure and services -The applicant has indicated no changes are proposed at the site and there does appear to be any services to be added to the site for the operations of the tour company. Environment and natural features -The applicant is utilizing an existing site and water access to provide tours of Lake George natural features. Long-term effects -The applicant has explained jet-ski tours is a new business for them. 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. APPLICANT HAS MADE APPLICATION TO THE PARK COMMISSION (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 ANDA SPECIAL USE PERMIT (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. APPLICANT HAS MADE APPLICATION 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. APPLICANT HAS MADE APPLICATION 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. (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 LAUNCH (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. DOES NOT APPEAR TO BE APPLICABLE TO APPLICANT/PROJECT (6) Adequate garbage and debris disposal facilities with leak proof containers, which must be properly maintained. APPLICANT PROPOSES TO REMOVE REFUSE FROM SITE AND DISPOSE OF AT GLENS FALLS BUSINESS SITE. (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. DOES NOT APPEAR TO BE 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. APPLICANT 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. APPLICANT HAS DETAILED BUSINESS OPERATIONS AS PART OF SUBMISSION FOR SPECIAL USE PERMIT SUMMARY The applicant has completed a site plan review application and special use permit. The Park Commission indicates that permits are renewed every 5 years—the board may consider a renewable 5 year. Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board SEQR RESOLUTION—Grant/Deny Positive or Negative Declaration Site Plan& Special Use Permit 32-2015 Thomas Jones/Brendon Rozell d/b/a Devocean Water Sports Tax Map ID 252.-1-65 /Property Address: 2036 Bay Road The applicant proposes Applicant proposes to utilize a portion of the existing marina -4 deck slips and 8 launch passes to operate a jet-ski tour company. No changes to site. Pursuant to Chapter 179-10 of the Zoning Ordinance Additional Use to a Marina shall be subject to Planning Board review and approval. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Short EAF has been completed by the applicant; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that this project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. MOTION TO GRANT /DENY A NEGATIVE DECLARATION FOR SITE PLAN & SPECIAL USE PERMIT 32-2015 THOMAS JONES & BRENDON ROZELL D/B/A DEVOCEAN WATER SPORTS~Introduced by who moved for its adoption, seconded by As per the resolution prepared by staff. 1. Part II of the Short EAF has been reviewed and completed by the Planning Board. 2. Part III of the Short EAF has been reviewed and completed by the Planning Board. Duly adopted this 21'day of May 2015 by the following vote: AYES: NOES: Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road,Queensbury,NY 12804 1 www.queensbury.net Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 • Town of Queensbury Planning Board RESOLUTION—Grant/Deny Site Plan & Special Use Permit Approval for Special Use Permit 32-2015 Thomas Jones/Brendon Rozell d/b/a Devocean Water Sports Tax Map ID 252.-1-65/Property Address: 2036 Bay Road The applicant has submitted an application to the Planning Board for S to Plan approval pursuant to Article 9 of the Town zoning Ordinance for: To utilize a portion of the existing marii*tc1,`;deck slips and 8 launch passes to operate a jet-ski tour company. No changes to site. Pursuant to Chapter 17.9 1©;of the Zoning Ordinance Additional Use to a Marina shall be subject to Planning Board review and approval. Pursuant to relevant sections of the Town of QueensburyyZoning Code-Chapter4179.,9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the Zoning Code, ? y As required by General Municipal Law Section 239-m the;site plan application was referred:;,to the Warren County Planning Department for its recommendation; ti 4 tii The Planning Board has reviewed the pgtenttgl environmental impacts of the project, pursuant to the State Environmental Quality Review Act (SEQRA) and adoptN ed a SEQRA egative Declaration — Determination of Non- Significance • The Planning Board opened a;public, hearing on the. Site plan application on`5,21-2015 and continued the public hearing to 5-21-2015 when it was closed, . The Planning Board hasiewed the application material .sub-mitted by the 'revapplicant and all comments made at the public hearing and submitted inwriting through and includ`in 5-21-2015; The Planning Board determines tltdt the appy Catton°complies vvlth the review considerations and standards set forth in Article 9 of,the Zoning.Ordtnance for SitePlan approval, MOTION.=.TO GRANT / DENY SITEPLAN & SPECIAL USE PERMIT 32-2015 THOMAS JONES / BRENDON`ROZELL D/B/A DEVOCEAN%WATER SPORTS, Introduced by who moved for its adoption, seconded by Per the draft resolution provided by staffconditioned upon the following: 1) Term of Validity: Temporary/Permanent/Renewable 2) Adherence to the items outlined ri'the follow-up letter sent with this resolution Duly adopted this 21St day of May 2015 by the following vote: AYES: NOES: Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road. Queensbury.NY 12804 1 www.queensbury.net