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SP PZ 92-2016 KRAFT_3 22 16 Staff Notes et Town of Queensbury Planning Board Community Development Department Staff Notes March 22, 2016 Site Plan PZ 92-2016 & RAY & WENDY KRAFT/Private Road 1 off Special Use Permit PZ 82-2016 Cleverdale Road/Waterfront Residential—WR Zoning SEQR Type Unlisted Material Review: Application, Special use permit criteria, site drawings of the property Parcel History: Subdivision 2-2008 9/10/2009 for a two lot subdivision 1.95 ac and 47.17 ac. Subdivision 2-2008 3/16/2010 Modification 0.33ac added 1.95 ac -2.28 ac Requested Action: Site Plan Review and Special Use Permit for a proposed six slip Class A marina in the waterfront zone requires planning board review and approval. Resolutions 1. SEQR unlisted 2. Site Plan and Special User permit Prosect Description: Applicant proposes a six slip Class A marina. Applicant proposes nine parking spaces at this time with portable refuse units, restroom facilities are at existing home at 46 Cleverdale Road. Project subject to Lake George Park Commission review for Class A marina. Staff Comments The applicant proposes to utilize an existing 2.28 acre parcel for a Class A marina operation at the site. The applicant has indicated there is to be six slips. There are no buildings on the site and none are proposed. The site will have access from Private Road 1 off of Cleverdale Road with proposed 9 designated parking spaces. . The parking spaces and access will be a 6,130 sq ft grass area. The applicant proposes to place portable trash cans on the site to handle debri from boaters. The applicant has indicated there is an existing power pole on the site that may be used to add a lighting fixture for parking area coverage. The applicant has requested waivers for the following items h. signage, j. stormwater, k. topography, 1. landscaping, in. land use districts, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal Criteria for a Special Use Permit listed below: A. Harmony with the Comprehensive Plan: Class A Marina is an allowed use in the Waterfront Zone through a special use permit. The applicant has explained that the docks area existing and the dock locations are being adjusted due to a large rock that is in the water. B. Compatibility: The proposed Class A Marina site is on a parcel on Lake George and is located amongst single family dwellings, vacant land, and nearby to other marinas. C. Access, circulation and parking: The Marina is accessible from Private Road 1 off of Cleverdale Road. The plans show location of 9 parking spaces. D. Infrastructure and Services: The applicant has indicated there will be 2 portable garbage containers. The applicant has indicated there may be lighting added to an existing pole E. Environment and natural features: The applicant proposes no changes to the site. F. Long-term effects: The applicant has indicated that the docks where previously used for rental purpose. • Specific criteria for Class A marinas. All marinas shall comply with the standards for Class A and Class B marinas as adopted by the Lake George Park Commission in 6 NYCRR Part 646, as may be amended. Class B marinas shall not require a special use permit and do not require the approval of the Town Planning Board. Lake George Park Commission Excerpt.....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 is in the process of applying for a permit with the Park Commission a copy of the materials is included in the site plan special use permit submission (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. The applicant does not propose a quick launch facility and the site does not have the means for quick launch. (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 proposes to operate a six slip marina to be associated with the existing parcel 240.9-1-16.12 (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. (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. The applicant proposes a restroom available at 25 Canterbury Lane for all users of the Marina. (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. The applicant proposes 9 parking spaces. (3) An adequate storage area for trailers or the storage of trailers shall be prohibited. The applicant does not propose the storage of trailers on the site. (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. The applicant does not propose bulk storage or the storage of gasoline or hazardous materials (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. i-iii...NOT APPLICABLE TO THE APPLICANTS PROPOSAL FOR SIX SLIPS (6) Adequate garbage and debris disposal facilities with leakproof containers, which must be properly maintained. The applicant's plans note an area for removable refuse containers. (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. i-ii...NOT APPLICABLE TO THE APPLICANTS PROPOSAL FOR SIX SLIPS (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. No boat cleaning is proposed on site —Board may consider designating any boat-washing to occur at designated boat-washing sites. (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. i-iii...NOT APPLICABLE TO THE APPLICANTS PROPOSAL FOR SIX SLIPS Summary The applicant has completed a site plan application and special use permit for a six boat slip marina.