Staff Notes Zoning Change Recommendation Fort Miller Co Town of Queensbury Planning Board
at Community Development Department Staff Notes
July 17, 2018
Administrative Item: Fort Miller Company, Inc.
SEQR Type 1 DEC Completed
Material Review: referral, project packet
Parcel History: SP 6-2015; SP 7-2015; SP 55-2015, UV 57-2015; SP PZ 223-2016; SUP PZ 224-
2016; SP 12-2017; UV 1-2017;
Requested Action
Planning Board to provide a recommendation to the Town Board on zoning request from MDR to RR5A. Also
to include commercial mineral extraction and sand, gravel & top soil extraction, commercial in the list of uses
of the RR-5A zone.
Resolutions
Zoning Change Recommendation
Protect Description
Zoning Referral: Planning Board to provide a recommendation to the Town Board on zoning request from
MDR to RR5A. Also to include commercial mineral extraction and sand, gravel & top soil extraction,
commercial in the list of uses of the RR-5A zone. Site Plan and Special Use Permit in review process.
Applicant proposes continuation of sand and gravel operations. Project has access road from Ridge Road
through an easement with Kubricky/Collins property and will abandon Dream Lake Road access except for
emergency.
Staff Comments
The applicant has provided a Petition for Change of zone to the Town Board for a 9.23 ac parcel to rezone from
Moderate Density Residential to Rural Residential 5 acre. The parcel to be rezoned is bordered by Rural
Residential 5 acre on portion of the boundary lines and by Moderated Density Residential on the remaining
boundary. The parcel also has an existing cell tower as approved by the Zoning and Planning boards UV1-2017
& SP 12-2017.
The applicant has indicated the request for change of zone is to allow for continued commercial mineral, sand,
gravel extraction currently operating on a neighboring parcel. The parcel has an existing NYSDEC mining
permit ID 50232 original issued in 1979 and recently inspected in 2017. The adjoining parcel also has an
existing NYSDEC mining permit ID 50070 original issued in 1977 and also has a recent inspection of 2017.
Both were considered compliant at time of inspection. The applicant has complied with the NYSDEC
requirements for continuation of mining operations as outlined in their permit and as part of the mining permit it
is associated with the adjoining parcel for future access as noted in the NYSDEC Environmental Notice Bulletin
- notice of 2018. The NYSDEC has jurisdiction over mining projects for State Environmental Qualtiy Review
Act -and has issued a negative declaration.
The comprehensive plan does not specifically spell out any recommendations for mining operations. A Land
Use Map used during the Comprehensive Plan development identifies the areas as industrial and no further
information is identified about those areas used for mining.
The rezoning of a 9.23 ac parcel that currently zone MDR to RRSA would allow for a few more uses associated
with larger parcels ie Riding stable, Kennel, Group Camp, Mining and Sawmill.
Site Plan and Special use permit—The review process for the continuation of the sand and gravel operations is
pending review and decision of the zone change request.
Summary
The Planning Board may consider to provide a favorable report to the Town Board based on the application
materials submitted for the change of zone of the parcel from MDR to RRSA is not out of character of the
neighborhood.
Tentative Application Processing
• June 2018. Town Board referral to Planning Board
• July 2018. Planning Board reviews referral for zoning change and zoning code language
• July 2018. Planning Board provides recommendation to the Town Board
• July 2018.Town Board receives recommendation and sets public hearing for zoning change and zoning
code language
• August 2018. Town Board opens public hearing, reviews zoning change and language change and
provides decision
• September/October 2018. Planning Board review and decision on site plan
MeetingH istorX: Referral 1st meeting