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staff notes et Town of Queensbury Planning Board Community Development Department Staff Notes December 20, 2016 Site Plan PZ 262-2016 ANN K. STORANDT REV. TRUST Special Use Permit PZ 263-2016 63 Hanneford Road/WR—Waterfront Residential/Ward 1 SEQR Unlisted Material Review: narrative, application, special use permit criteria narrative, site photos and marina photos, site plan drawing Parcel History: SEP-613-2016 Septic Alteration Requested Action Planning Board review and approval for the operation of a 5 slip Class A marina. Resolutions 1. SEQR—short form 2. Planning Board decision Prosect Description Applicant requests approval for the operation of a 5 slip Class A marina. Project includes existing dock configuration for 5 berthing spaces,parking, other requirements for Class A marina and a new septic system. Project subject to Special Use Permit. Pursuant to Chapter 179-10-070 & 179-3-040 of the Zoning Ordinance, Class A marinas shall be subject to Planning Board review and approval. Staff Comments Location- The project is located at 63 Hanneford Rd with the marina having on Pilot Knob Road. Arrangement- The applicant has been working with the Lake George Park Commission in regards to requirement to obtain approval for a Class A Marina. The applicant has explained that the marina was a pre- existing use when the property was acquired in 2007. Site Design- The applicant has detailed the existing site conditions and the marina. A septic system had been installed in October 2016. The plans show parking for the homeowners being 2 spaces and 6 spaces for dock clients. The applicant as indicated dock clients will have access to the restrooms in the home. The plans show the marina has an existing five slips. There are no changes to the project site or marina area. Pursuant to Section 179-9-050 the Planning Board may grant waivers upon review of the site plan review requirements checklist. At the time of application the applicant has either requested waivers, indicated the item not applicable or has not addressed the item/ left check box blank. This includes the follow items listed under Requirements of the applicant's application:j. stormwater, and k. topography. General 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 this is a pre-existing use and they are working with the LGPC in regards to obtaining approval to continue the use. B. Compatibility: The proposed Class A Marina has an existing docking system with 5 slips and a boathouse. This is similar to the neighboring docks and boat houses. C. Access, circulation and parking: The project plans show the 8 parking spaces that can be used by the homeowner and dock clients. Dock clients have a stairway access to the marina from the parking area. D. Infrastructure and Services: The applicant does not propose any changes to the existing conditions on the site or marina. E. Environment and natural features: The project is pre-existing and no changes to the marina and natural environment of the area are proposed. F. Long-term effects: The applicant has indicated the Class A Marina review would establish the pre existing use and then compliance with the LGPC. 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. 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 working with the Park Commission to establish the pre existing marina use. (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 5 slip marina. (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 applicant homes on Hanneford Rd. (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 8 parking spaces. 6 for dock clients and 2 for landowner. (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 FIVE SLIPS (6) Adequate garbage and debris disposal facilities with leakproof containers, which must be properly maintained. The applicant has indicated the garbage and recycling are located at the boathouse and emptied regularly. (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 FIVE 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— (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 FIVE SLIPS Summary The applicant has completed a site plan application and special use permit for the operation of a 5 slip Class A Marina.