Staff Notes et
Town of Queensbury Planning Board
Community Development Department Staff Notes
March 21, 2017
Site Plan 17-2017 HILLIARD, TYRER, LYON & CERNY
Special Use Permit 3-2017 94 Ash Drive/WR—Waterfront Residential/Ward 1
SEQR Type II
Material Review: application, special use permit criteria -class a marina requirements, photos,
tenant map, dock and path information
Parcel History: AV 23-2014, SP 21-2014 Res. & Septic Alterations, AV 15-2017
Requested Action
Recommendation the Zoning Board of Appeals for relief from setbacks.
Resolutions
Planning Board recommendation
Prosect Description
Applicant proposes to install a 40' x 4' dock and a pathway from Ash Drive to dock location. Project is
considered a Class A marina, as dock is for more than one owner — a total of four. Project is part of a court
order for property owner to install. Pursuant to Chapter 179-10-040 of the Zoning Ordinance, Class A marinas
shall be subject to Planning Board review and approval.
Staff Comments
Location-The project site is at 94 Ash Drive off of Glen Lake Rd.
Arrangement- The project includes the development of a path from the ash drive area to the shoreline area then
the removable dock will be placed in the water at a precise location.
Site Design- The applicant has indicated the path is to be a 4 ft wide grass path the follows the property line
from Ashe Dr to the shoreline. There is to be a new privacy fence along the east side of the path that is to be
125 +/- ft in length and provides screening to the buildings on the property. The applicant has explained the
removable dock placement is on the existing concrete retaining wall at the shoreline. The applicant has
included photos showing the previous dock and the arrangement in water and out of water.
Site plan overall—The project installing a foot path and placement of the removable dock are part of a court
order. The project includes plantings and a privacy fence.
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 application form identified as "Requirements" outlines the items to appear on the
site plan or included as attachments. 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: g. site lighting, h. signage, j. stormwater, k.
topography, n traffic, o. commercial alterations/ construction details, p floor plans, q. soil logs, r.
construction/demolition disposal s. snow removal.
Nature of Area Variance
The project involves placement of a dock that will not meet the required 20 ft setback where the applicant
proposes to maintain the previous 2+/- ft
Special Use Permit General Criteria:
A special use permit is required as outlined in the Main Street Section 179-9-070 for placement of parking on
the side and front of the building instead of the rear.
Harmony with the Comprehensive Plan — Class A Marina is an allowed use in the Waterfront Zone through a
special use permit. The project involves reestablishment of a dock for four tenants as waterfront access can be
direct or through easement.
Compatibility- docks along the waterfront are common and provide access to the water.
Access, circulation and parking —The court order does not allow for parking and the applicant has designed a 4
foot walking path. The tenants that have access to the dock have homes within walking distance.
Infrastructure and services —the court order outlines the path and dock location. The dedicated area is to be
maintained by the non-waterfront property owners.
Environment and natural features —the applicant has indicated the access to the dock would be a grass path and
additional plantings would include hostas and low lying vegetation.
Long-term effects —this area was previously used for the dock and access to the dock this application
reestablishes the use of the dock. The applicant has indicated the Class A Marina review would establish the
pre-existing use.
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.
CLASS A MARINA -CODE EXCERPTS FOR MARINA OUTSIDE OF PARK
As defined in the regulations of the Lake George Park Commission, .... which provides services or berthing
places for vessels by engaging in any of the following:
Class A Marinas
(6) The storage,berthing or mooring of two or more motorized vessels and/or non-motorized vessels 18
feet in length or more not registered to the owner of the property, regardless of remuneration or profit.
(a) General requirements.- Not applicable
(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/tenants homes are within walking distance of
the dock and restrooms are prohibited at the site.
(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/tenants homes are within walking distance of the
dock and no site parking is proposed—and not allowed per court order.
(3) An adequate storage area for trailers or the storage of trailers shall be prohibited. The
applicant/tenants homes are within walking distance of the dock and trailers are stored at the
homes —and not allowed per court order.
(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. Not requested
as part of this proposal.
(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. Not requested as part of this proposal.
(6) Adequate garbage and debris disposal facilities with leak proof containers, which must be properly
maintained. Applicant/tenants will assist with site maintenance.
(7) Facilities for the disposal of sanitary wastes from vessels with on-board sanitary equipment
including: Not applicable.
(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. Court
order prohibits boat washing activities.
(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: Court order prohibits commercial activities on the site.
Summary
The Planning Board is to provide a recommendation to the ZBA in regards to the request for relief from dock
setbacks.
MeetingHistory: First meeting