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Staff Notes - REVISED Town of Queensbury Planning Board at Community Development Department Staff Notes October 18, 2016 REVISED Site Plan PZ 223-2016 The Fort Miller Co., Inc. /39 Dream Lake Rd/ Special Use Permit PZ 224-2016 Rural Residential 5 acres —RRSA SEQR Type 1-NYSDEC Lead Agency Material Review: Binder—letter, correspondence, narrative, site plan & special use permit application, special use permit criteria, map distance to residences, section of topography, NYSDEC permit and air quality, reclamation plan and bond as approved by NYSDEC, easement agreement with Kubricky, NYSDEC inspection report. Parcel History: SP 6-2015 & SUP 7-2015 for continued use; SP 55-2015, UV 57-2015 Cell Tower Requested Action Commercial Sand, Gravel and topsoil extraction in an RR zone is subject to Planning Board review and approval (179-10-070, 179-3-040) Description Applicant proposes continuation of sand and gravel operations. Project proposes a new access road from Ridge Road through easement with Kubricky/Collins property and will abandon Dream Lake Road access except for emergency. Pursuant to Chapter 179-10-070 & 179-1-040 of the Zoning Ordinance, commercial sand, gravel and topsoil extraction in an RR zone shall be subject to Planning Board review and approval. Staff Comments Site Plan The applicant proposes to continue extraction and processing of sand and gravel materials in a new area on the property. The plan identifies the area of property that will be used for the project activity of about a 42 acre area. The same plan shows the area that is currently in use to be about 49 acres. The applicant has a current active mining permit from DEC that will be updated for use of the new area on the property for extraction and processing of sand and gravel materials. The project also includes construction of a new access road from Ridge Road through an easement on an adjacent property to the project area. The new entrance road and the Dream Lake Road access are shown on the plan. The internal road path is developed pending on location of materials and topography of the site where DEC will oversee per the mining permit as required. The new entrance road is to be about 1,400 ft. in length total and will provide access to the new area of the activity. The road portion on the easement property is about 800 ft. and about 600 ft. on the applicant's property. The applicant has indicated the current Dream Lake Road will no longer be used for carrying materials to and from the site and the new access road will be used by trucks for these activities. The Dream Lake Road will be used only in emergency note employees will still use Dream lake Road till new access road is constructed. The applicant has explained the water is now drawn from a pond at the floor of the pit and no longer from an adjacent stream on the site. In addition the number of settling ponds has been reduced to two from four. The applicant has described the water management as a closed system that recharges itself within the pit footprint. The project is subject to the requirements of the NYSDEC mining permit for water usage and stormwater maintained on site. The information submitted indicates there will be no new lighting or signs on the site. The applicant has indicated that in 2013 the average number of vehicles per day was 12 and in 2014 the average number of vehicles per day was 20. The existing site has an 8 X 15 portable job trailer and a temporary weigh station—these items are moved to accommodate the site activities and location. The applicant has identified items from the site plan application that are not applicable and is requesting a waiver from including lighting, signage, new constructions/alterations, floor plans, construction waste, and snow removal locations. Special Use Permit The project is subject to a special permit utilizing the criteria for review. A. Harmony with Comprehensive Plan. The project is consistent with the comprehensive plan. The zoning code had been updated recently to include uses such as sand and gravel extraction and processing in the Rural Residential S acre zoning areas. B. Compatibility. The project as proposed is compatible with the neighborhood. The applicant has proposed to eliminate the Dream Lake Road access for truck traffic and move truck traffic to Ridge Road where there is an existing access road for fill material deposits. C. Access, circulation and parking. The project as proposed removes truck traffic from a narrow neighborhood road andplaces truck traffic on Ridge Road that is a Regional Arterial Road D. Infrastructure and services. The project activities include an 800 ft. road connection to be developed so trucks from FMC can access the site from Ridge Road. E. Environment and natural features. The new access road was changed to avoid wetlands of Army Corp and Adirondack Park Agency. The APA has deferred the review to the Planning Board as the wetlands are being avoided with the new access road. F. Long-term effects. The project will allow for the continuance for mining and excavation at the property and remove truck traffic from an existing roadway that has limited access for the vehicles. The proposed location of the vehicle traffic to Route 9 L is an existing regional arterial road. G. Commercial mineral extraction. 1) Commercial mineral extraction (defined as above the Department of Environmental Conservation threshold) shall be allowed only within the Heavy Industrial (HI) District by special use permit and only in a substantially undeveloped area, at least 1,000 feet (horizontal distance) from any existing residence. Noting the Town Board adopted a zoning amendment to allow extraction of sand and gravel in the RR 5 ac zone on parcels of 25 acres or more requiring a special use permit. The Zoning Administrator has indicated the 1,000 ft requirement is related to buffering between uses and may be discussed and addressed with the Planning Board. The applicant has requested to maintain the 50 ft buffer from the permitted activity to the property line. The section drawing shows the edge of proposed permitted activity to the closest residence is 300 ft. The applicant is requesting to maintain a 200 ft buffer to the nearest residence. The plans also show the lands between the Fort Miller property and the residential use is a separate parcel that is owned by Peckham's. 2) Any excavation associated with commercial mineral extraction shall not adversely affect the natural drainage of adjoining properties not in the same ownership, or the structural safety of buildings on such adjoining properties; the top of any slope of the excavation shall not be closer than 100 feet to the boundary line of any adjoining property not in the same ownership, nor closer than 200 feet to any public highway or water body or watercourse. The applicant has indicated from the top of the slope will be no closer than 200 ft to any public highway or water body. The applicant has indicated the activities are required to meet NYSDEC requirements. 3) Within the above setbacks, natural vegetation shall be left undisturbed, except for planting pursuant to the requirements hereof. The Planning Board may, in its discretion, require additional measures to provide suitable screening of the excavation, such as planting or fencing. The applicant has explained a 50 ft buffer natural vegetative buffer will be maintained. The sectional drawings in the packet have shown the 50 ft buffer to be maintained for existing and proposed conditions. In addition, the Planning Board conducted a site visit during the fall of 2014. 4) An applicant for a special use permit for commercial mineral extraction shall submit to the Planning Board copies of all applications and other materials submitted to the New York State Department of Environmental Conservation in connection with its commercial resource extraction application. A copy of the active permit is on file with the application and the applicant has indicated that a modified permit will be forwarded after the local review has been completed 5) In issuing a special use permit for commercial mineral extraction, the Planning Board shall impose conditions designed to protect the public health, safety, and welfare. Such conditions shall be limited to the following, unless the laws of New York State allow the imposition of additional conditions: (a) Ingress from and egress to public thoroughfares controlled by the Town; The applicant has proposed a new access from Ridge Road for truck traffic access and the current road will no longer be utilized for truck access for delivery or removal of materials. (b) Routing of mineral transport vehicles on roads controlled by the Town; Ridge Road is currently used by existing truck traffic for carrying materials associated with excavation and mineral extraction including fill materials. (c) Requirements and conditions specified in the permit issued by the Department of Environmental Conservation concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control, and hours of operation; The current site has an active NYSDECpermit for operations and the permit is to be modified after local review. (d) Hours of operation Hours per permit Monday Through Friday 7am-5:30pm, Saturdays 8am-2pm; No operations on Sundays or legal holidays of New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day. (e) Enforcement of reclamation requirements contained in any Department of Environmental Conservation permit. Reclamation is identified per the permit covering wastes, stockpiles, re-vegetation, grades, mine floor plant growth, etc. 6) In issuing a special use permit for commercial mineral extraction uses not subject to regulation by the Department of Environmental Conservation, the Planning Board may impose such additional conditions as it deems necessary. The Planning Board may require the applicant to confirm the time line for the construction of the new road access so the Dream Lake Road access will no longer accommodate truck traffic. (7) The Planning Board shall deny a special use permit for commercial mineral extraction for any project which does not satisfy the requirements of this section and/or Article 10 of this chapter regarding the general criteria and procedures for special use permits. The applicant has completed a site plan application and the special use permit criteria. As part of the application process the applicant has included the neighbors, Adirondack Park Agency, Army Corp, NYS DEC about the project as proposed and addressed issues of compatibility and project activities Summary • SEQR —The Planning Board may consent to the NYSDEC as Lead Agency. Planning Board may make a decision after NYSDEC completes SEQR. • Public Hearing—The Planning board may open the public hearing • Application to be tabled until NYSDEC has completed SEQR The applicant has completed a site plan application and special use permit for the development of a new road access and continuation of mining activities at an active mine. The board may consider a condition to have the new road constructed to Ridge Road before any excavation occurs on the new activity area. The board may consider the waivers requested — buffer, lighting, signage, new constructions/alterations, floor plans, construction waste, and snow removal locations.