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PB Staff Notes SUB (S) 4-2018 Clear Brook_4 24 18 et Town of Queensbury Planning Board Community Development Department Staff Notes April 24, 2018 Subdivision Sketch Plan 4-2018 CLEAR BROOK, LLC Big Boom Road/WR—Waterfront Residential/Ward 4 SEQR Unlisted Material Review: application, subdivision and aerial photo of site. Parcel History: n/a Requested Action Planning Board review and approval for a 15 lot residential subdivision of 148.6 acre parcel with lots ranging in size from 2.28 acres to 48.8 acres. Resolutions 1. SEQR 2. Planning Board decision Prosect Description Applicant proposes a 15 lot residential subdivision of 148.6 acre parcel with lots ranging in size from 2.28 acres to 48.8 acres. Project is located within 500 ft. of Northway Overlay Zone. Pursuant to Chapter 183 of the Zoning Ordinance, subdivision of land shall be subject to Planning Board review and approval. Staff Comments The applicant's submission shows all 15 parcels to have road frontage on Big Boom Road. Parcels 13, 14 and 15 each have wetland areas to that will need to be delineated. The plans show the location of the 500 ft Northway Overlay Zone and the setback lines for each parcel. The plans do not show house locations but the applicant has indicated some would be within the overlay zone and others would be outside of it. The aerial photo also shows the amount of vegetation on the existing site where the application has indicated clearing would be associated with the homes and driveway area. The Design requirements for WR include the followingfrom: rom: 179-4-010 Residential Design Requirements G. Waterfront residential design. New residential subdivisions, construction and/or development in the WR Zoning District shall comply with the following requirements: (1) Subdivisions. (a) Existing stone walls, established hedgerows and/or mature tree lines shall be preserved and utilized for establishment of lot lines and considered in the lot layout for design of subdivisions, where practicable. (b) Flag lots are not allowed. (c) Private streets are not allowed but driveways shared by no more than four lots may be allowed upon Planning Board approval,provided that such driveway is appropriate for the location and a sufficient maintenance agreement is provided. (d) The minimum shoreline frontage for each lot shall be 150 feet and shall be measured along the mean high- water mark of the shoreline. (e) All proposed subdivision plats shall show the proposed locations for all dwellings, accessory structures, wells and septic fields for Planning Board review and approval as part of the subdivision application process. [l] Proposed building locations and site clearing shall be reviewed with consideration of views from the water to shore as well as from inland areas to the water. [2] Septic system plans shall be submitted as part of the subdivision process, or subsequent site plan review process, and be fully designed and approved prior to any construction or site preparation or clearing activities. (2) All development. (a) The minimum setback from the mean high-water line of the shoreline for all buildings and structures shall be a minimum of 50 feet or the average setback of the dwelling structures on the two adjoining lots, whichever is greater. (b) The placement of all buildings and structures, except docks and boathouses, shall be screened by vegetation or landscaped or located in such a manner so that the view of the buildings or structures from the water and to the water is filtered or obscured and the visual impact is minimized. (c) All patios and walkways between a residence and the shoreline shall be constructed of permeable materials wherever practicable. (d) Construction on any land in the WR District shall be carried out in such a manner so as to minimize the erosion that may be caused by such activity. [l] Construction, excavation and site clearing activities shall be carried out in the shortest time possible and best practice erosion and stormwater management shall be required. [2] A plan for such management shall be approved by the Code Enforcement Officer and implemented prior to the commencement of any construction, excavation or site clearing activities. [3] Shoreline areas, except beaches, shall not be exposed without vegetation for longer than the time period designated by the Code Enforcement Officer and, when exposed for such allowable time period, shall adequately be protected from erosion. (e) Lighting devices shall be oriented and limited so as to minimize disturbances on surrounding properties and so as not to unreasonably diminish or obstruct views from the water or to the water. (3) Conversions of seasonal residences. A conversion of a dwelling structure that had been previously used for seasonal purposes to a year-round residence shall be considered a change of use and shall require site plan review prior to such conversion as well as compliance with the following: (a) The septic system servicing such residence or the proposed system shall meet all present, applicable health code requirements and plans shall be submitted and approved. (b) In no case shall the conversion be allowed to expand the existing exterior dimensions of the existing dwelling structure by more than 1/3 of the existing building floor area, and all minimum setbacks must be met. (4) Shoreline alteration. No person shall construct,place, expand, alter or replace any seawall without first applying for, and obtaining, site plan approval from the Planning Board. In addition, site plan approval is required for any filling, grading, lagooning, dredging, ditching and/or excavating within the district where such activities affect a cumulative area greater than 200 square feet. The following standards shall apply to the foregoing activities: (a) General standards. [l] The activity shall not alter the natural contours of the shoreline. [2] The activity shall not disturb shoreline vegetation except in a minimal way. Where vegetation is destroyed, harmed or removed, it shall be restored or replaced with indigenous vegetation listed in § 179-8-040C. Stabilization shall be in accordance with the United States Soil and Water Conservation District engineering standards and specifications. [3] The activity shall be carried out in a manner designed to minimize erosion, sedimentation, and impairment of fish and wildlife habitat. [4] The activity shall be designed and carried out to preserve or enhance the aesthetic features of the shoreline area to be disturbed. [5] All applicable federal, state and other governmental agency permits shall be obtained. (b) Specific standards. [l] Filling. No fill shall be placed in this district except as associated with shoreline protective structures, beach replenishment, agricultural uses or other uses approved by the Planning Board. Any fill placed in this district shall be protected against erosion.[Amended 1--28--2011 by L.L. No. 2-2011] [2] Dredging. There shall be no removal or rearrangement of materials in the water, except at those locations where such removal or rearrangement is found to be beneficial to existing shoreline conditions, uses, and water quality and clarity. Where dredging is permitted by the Planning Board, soil materials shall not be deposited in this district unless approved by the Planning Board. [3] Seawalls. The addition, expansion or replacement of any type of seawall shall be discouraged, except in the case where the alternative of shoreline restoration to a natural state is impossible due to excessive slope or severe erosion problems, a condition to be determined by the Zoning Administrator. Construction of seawalls shall not be permitted for only aesthetic reasons. When permitted, seawalls shall not exceed 16 inches in height, as measured from the stationary mean high-water mark, and shall be constructed of native stone or wood. Treated lumber shall not be used below the mean high-water mark. Seawalls greater than 100 square feet in area shall also require a shoreline setback variance. (c) Tree cutting and land clearing regulations. The purpose of the tree cutting and land clearing regulations is to protect scenic beauty, control erosion and reduce effluent and nutrient flow from the shoreline area. These provisions shall not apply to the removal of dead, diseased or dying trees or to other vegetation that presents safety or health hazards. Within this district, the removal of vegetation, including trees, shall be permitted on shorefront lots,provided that the following standards are met: [1] The requirements of Chapter 147 of the Code of the Town of Queensbury may be applicable to land disturbance activities in this district. [2] Existing vegetation on a site is to be maintained whenever possible. [3] As part of any permit submission, a survey of existing vegetation, to include all trees with a diameter breast height of three inches or greater, shall be provided for the development site. Vegetation to be maintained or removed shall be identified. [4] Site clearing shall be designed to impact the least amount of existing vegetation possible and only so as to accommodate proposed structures, site infrastructure and reasonable use of outdoor spaces to include walks and small lawn or open areas. [a] No more than 30% of the existing vegetation may be removed from a site. [b] Clearing of existing vegetation shall be accomplished in a manner that retains trees and ground cover and understory plantings in intact groupings of individual plants, rather than leaving single large trees susceptible to sun scald, wind throw and soil compaction. Sufficient protection of such groupings requires no construction activity at a minimum of 10 feet outside of the dripline of tree canopies. In addition, tree roots greater than four inches in diameter shall not be severed. [c] With new construction, clearing shall be limited to a maximum of 20 feet from the foundation line or base line of proposed residential or commercial structures, with screen trees and vegetation preserved within that buffer to the greatest extent possible; 10 feet maximum from the edge of accessory buildings. [d] Unless otherwise demonstrated as necessary, all soil retention shall be accomplished with natural and vegetative stabilization methods rather than with structural means. [e] Clearing and trenching for utilities will be kept to the minimum width practicable or 15 feet maximum. Where aboveground utilities may be sufficiently screened, they may be employed; otherwise, underground utility access and connection will be required. Visible clear-cuts are prohibited; if necessary under exceptional conditions, vegetative plugs will be employed to satisfactorily reduce their visual impact. [f] All utilities (to include but not be limited to on-site wastewater treatment, stormwater management systems, wells, etc.) shall be sited in a manner to limit the contiguous clearing. [g] Where site features and vegetation are unavoidably impacted by new construction, the vegetation and topography associated with essential site features and functions shall be restored to a condition which will replicate immediately or over time the existing conditions which were impacted and restore those features to their effective functions. [5] Any change in grade of four inches or more around existing trees in CEA areas requires the construction of tree wells if the grade is to be raised or a retaining wall if the grade is to be lowered to prevent damage and/or subsequent death to the tree. [6] Within 15 feet extending inland from all points along the mean high-water mark, no vegetation may be removed. This area shall be maintained as an undisturbed natural buffer strip. This distance shall be measured in the following manner: [a] Lake George: perpendicular and horizontal from the mean high-water mark and inland. [b] Other water bodies: perpendicular and horizontal from the shoreline and inland.[Amended 1--28--2011 by L.L. No. 2-2011] [7] The general exception to the above standards shall be an allowance for lake access and beaches. The creation of a contiguous clear-cut opening in the buffer strip shall not exceed 30% of the shoreline frontage on any individual lot or a maximum of 50 linear feet, whichever is less. The clear-cut shall be angled across the lot so as to allow for a view and access, but reduce runoff. Pedestrian pathways shall be located within this view corridor. [8] If not part of a view corridor,pedestrian paths (access areas to beach or dock) shall be limited to four feet and must be constructed of permeable materials such as paving stones, woodchips or composting decking with drainage slots. [9] Dead, diseased or dying trees may be removed only if they constitute a hazard and must be replaced(with reasonably similar vegetation)within six months if the approved site plan or shoreline vegetation minimum requirements are not being met. [10] Where a shoreline lot owner violates this section, the Code Enforcement Officer shall require total revegetation so as to create a buffer strip area which is in compliance with this section. (d)Use of fertilizers. Fertilizer use within 50 feet of the shoreline is prohibited. Where allowed, fertilizers shall have a phosphorus content of 1% or less and contain slow-release nitrogen. (e) Provisions for access. Within this district, the following minimum shoreline frontages shall be required for deeded, easement, right-of-way or other contractual access to the shoreline for three or more lots,parcels, or sites or multifamily dwelling units not having separate and distinct ownership of shore frontage: [1] Site plan review and approval by the Planning Board pursuant to the standards below. [2] A plan shall be submitted showing areas for swimming, recreation, docking, building placement,parking and landscaping. [3] Compliance with the provisions of this section and this chapter. [4] Such use shall not significantly impair the natural appearance of said parcel; shall not overcrowd the parcel or the adjacent water surface; shall not produce unreasonable noise or glare to the surrounding properties; and shall not pose any substantial hazards. [5] The first three lots, sites or dwelling units shall require a total of not less than 75 feet of shoreline frontage, and each additional lot, site or dwelling unit shall require an additional five feet of shoreline frontage. [6] Waterfront parcels may be developed for contractual access for five or more lots or units only if those lots or units are part of an overall development plan for land that is located adjacent to the waterfront parcels. [7] Each parcel used for contractual access shall measure at least the minimum lot area for the zoning district where the access is proposed and shall measure an average depth of 100 feet from the mean high-water mark. [8] No structures other than toilet, changing facilities, and picnic shelters shall be constructed on the waterfront parcel. The total combined square footage of all structures shall not exceed 1,000 square feet. [9] Commercial activities of any kind are prohibited. [10] Parking areas shall be landscaped and shall be set back from the shoreline a minimum of 75 feet. Subdivision/Site plan & Variance items The plans have also identified variances that may be needed this include • § 179-4-035 Interstate Highway Overlay District. ...no new residential subdivision of land • § 179-4-050 Frontage—lots 13, 14,15 may be subject to review for physical access —they have road frontage but it is not clear if each lot would have physical access to Big Boom Rd • § 179-6-050 Shoreline—hard surfacing within 50 ft of the shoreline wetland boundary may need site plan • Chapter 94 Freshwater Wetlands Permit—Work within 100 ft of the wetland requires a wetlands permit. Summary Chapter 183 Article 4 provides an outline of the review procedures for sketch plan— The Planning Board shall study the sketch plan in conjunction with the maps and information as may be appropriate to determine if the proposed subdivision includes areas where there are severe limitations to development. The Planning Board shall make advisory recommendations which shall be applicable to the proposed subdivision. Meeting History PB: 1st meeting;