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Tab B FORT MILLER THE FORT MILLER CO.,3NC. P.O.Box 98 Schuylervalle,NY 12871-0098 (518)695-5000 Fax(518)695-4970 www.fortmiller.corr August 15, 2014 Town of Queensbury Planning Board 742 Bay Road Queensbury,NY 12804 Re: Proposed Continuation of The Dream bake Road Sand& Gravel Operation Dear Planning Board Member: Enclosed please find a booklet that will start to outline the above referenced request. We have attempted to include as much information as practical. We are in the process of completing the Site Plan Application Form. r-1 We respectfully, request a discussion session with The Planning Board on September 16, 2014 to review our request and answer any questions that may arise prior to our submission of a completed Site Plan Application for a Special Use Permit. Thank you for your consideration in this matter. Very Truly yours, IR- \m - ` I H. John Marcelle, President The Fort Miller Co., Inc_ The Fort Miller Group,Inc.: Anvil Fence&Supply Co., Inc. Duke Concrete Products,Inc. • Loughberry Mfg.Corp. The Fort Miller Cc., Inc. The Fort Wier Service Corp. Tymetal Corp. FORT MILLER THE FORT MILLER CO., INC. ilk k r1 P.O.Box 98 L8i k Schuylerville, NY 12871-0096 IR11 (518)695-5000 rk Fax(518)695-4970 www.fortmille(.com December 15, 2014 Town of Queensbury 742 Bay Road Queensbury, NY 12804 Re: Special Use Permit — Continuation of The Fort Miller Aggregates - Dream Lake Road Sand & Gravel operation Dear Planning Board Member: Enclosed please find our completed application for a Special Use Permit to allow the extraction and processing of sand and gravel materials in the R.R. 5 zoning district that encompasses our proposed site. As you know, the Town Board amended the Zoning Code to allow our intended use in this district with the Special Use Permit. At our discussion session with you that was held on September 16, 2014 we talked about constructing a road out to Rte. 149 through some wetland areas in an effort to mitigate the issues associated with accessing our operation via the existing Dream Lake Road. Subsequent to our meeting we conducted a site visit of our facility on October 6, 2014. The following entities were present at the site visit: The Adirondack Park Agency, The U.S. Army Corps of Engineers,NYS Department of Environmental Conservation, The Town of Queensbury and several Planning Board members. During the site visit the concept of utilizing the existing access provided by the Kubricky Construction property on Ridge road was discussed. As a result of the input from the various Agency representatives assembled on the site it was strongly recommended that we consider focusing on the existing Kubricky property as the best means of providing ingress and egress to our proposed operation. The use of the Kubricky access would eliminate: the crossing of wetlands, the involvement of NYSDOT, The Adirondack Park Agency and The U.S. Army Corps of Engineers. As a result of this discussion we have entered into an easement agreement with Kubricky Construction that will ameliorate most of the above mentioned agencies involvement and concerns. We are continuing to work with The NYS Department of Environmental Conservation to modify our existing permit to include the proposed site. All of our future operations will be in conformance with the NYSD.EC rules and regulations that pertain to mineral extraction and processing. Thank you for your consideration of our Special Use Permit request and we would be happy to answer any questions. Very truly yours, H. John Marcelle, President The Fort Miller Co., Inc. The Fort Miller Group,Inc.: Anvil Fence&Supply Co., Inc. Duke Concrete Products,Inc. • Loughberry Mfg.Corp. The Fort Miller Co., Inc The Fort Miller Service Corp. Tymetal Corp. neat roax srar� Ad- ack January 2.3, 2015. The Fort Miller Co. , Tnc. Btit b 'Ma9:c811e, Pr-eside.n PO Box 98 Schuylervil;le, NY" 1287-1 Dear: Mr. Matcelio: RE- Pra-Application A2014-82 JurladictianAl :Detiaxmination :J2015-0G '4.. The proposed commercial sand and gravel use :described in- the revised materials received on December :19, .2-014, does not kequire a. permit .ftDm the Aditondaa6k Park Agency �Agencyj y -provided the facts -submitted are accurate and complete, and provided the-re is compliance with the: res tric.tions :below. Although a permit or, variance is not .required from this Agency; please he Aware that a. Permit i-$ re(4 iced from the Town of ¢taeensburywhich adminr,ster$ an Agency--.appr.oved .k cal land use program (ALtUP) This means 'that. the Town. has alLthdrity, over ol.as8 B regional projects and administers the statutory shoreline .restrict.i:ons .as defined, ire the Adirondack 'Park: Agency Aat And 9,urthe:.r defined in the ALLUP.. Please be. ativised that this letter makes no representation as to the a rovabz3it� PP Y Yauz pxoject pursuant to fihe Town adminis.te,r•ed AI,LUP, Be sure to contact the Town's Code. Enforcement officer .or Zoning Administrator to det-ermine the Towne.s requirements .and the „pinoced loed ure.s :and :sta.ndar-ds to, be fplfor .proje.cs Also, please .te .a-ware that varl,an.ces approved by town.s -acting pursuant to an ALLUP are subject to ;review by the: Agency and under certain circumstances- can be reversed by tba - Agency, F;+a. Box$9 •NYS Route 86:PRY.Brook,NY 12977.51$891-4.050 518'891-393:8 fax •www apa.ny..gcAv The Fort .Miller Co. , Inc. .January 23, 20,15 4,ge 2 Dezci2ticn It is, our 'un that the pKojpct tonsi. t t , ders.tanding, s s following.- 1. The _propertyis a 17'6:.65± acre parcel 1,ocated in the Town of, Queensbury,, Q e Wa,rrn . : . IoUnty, on New 'York State Route 149, tax map designations 279-1-.59.2 and 279.-1-72. 2i The p±Qpqrty j..s owned by .The :Fort Miller Co. , Inc. , as described in a deed recorded an July 2 u I-A 2010 as Instrument Number 20.10-0,00050.41 in the Warren County Clzer. k.'s Office. 3. The Property its. the su.1 -'ect of a.. court order resolving Agency Enforcement File E95-115 (Kilmartin) , ; wh' .. ch addressed. a subdivision involving wetlands and fill in wetla.nds- Without the necessary Agency Permits. Agency. staff Conducted a site visit on. Octp.ber 9, 2014,. to review a new development Proposal for the site. At that time, the wetland fill, area was 3`e.Viewed and it Was confirmed that no further remediation of the site is required. �-gency staff will forward you a Proposed Settlement Agreement under separate cover to fully resolve the creation of the lot by subdivislon involving wetlands. 4. A contract for easement agreement dated December 18, 2014. .has been executed to allow vehicular ingress and easement attosa Tax Map Parcel 279-1-48 to the site of the expanded commercial sand and.. gravel extraction. 5- The pxoperty is improved with a 400 square foot huritlAg pLnd fishing cabin which is subject to a lifet' ime lease and an acQe.ss easemont frbra Dream Lake Road. 6- The p±6POSa1 is for an expansion of an existing commercial sand and, qrave'l extraction onto tax parcels 279.-l-72 and 279.-`J:_59.2 .4$ shpwh i Qn the. Map enritl6d. "Prop68ed Mini .P.1an. Modlficat.jon The Fort Miller' CoMp.4 py, ,I - 49 . .. . . . Inc. Dream Lake Operation Toi�rh, of Queensbury Warren County dated December 13, 20 . No additional subdivision :or new land use, and develOVZent is proposed at this time. If any of the above. is incorrect, please contact the Agency as a different determination could" result, The: Fort Miller Co. , Tnc•. January 2:.3,, 2015 Page 3 t FOR YOUR INFORMATION; Thx,s.: 'determination is: based upen the existing :.laws,, regplat°iQriS and Park Plan Map administered by th:o Agency-. If the be.fore substantial commencement of the proposed project, change ct, this deterntinat on may also change, The. property is located in a Moderate Intensity Use land use area: on the Aditorida.ck Park sand Use and. Deve.lppment Plan Map. During the Octpber 9, 2.01.4 site visit, Agency staff, determined that there are no wetlands subject to Agency tf� juron isdictiin e location of the proposed access easement on 'ax Map, Parcel 27.:t Agency staff biol.og St alsa determined that there ar:e wetlands which wall be impacted by the extraction proposal which is located greater than 200 feet from any Wetlands. his finding , may be relied upon :only for this jurisd:- ct. onal olete:rmrretion and only f.or a period of three years following its: issuance. The property is not located in a statutory critical environmental area. The property is not located in :a designated river area pursuant. to the. New York State Wild, Scenic and Recreational Rivers System, Act Siftce the Town- of Queensbury administexs an ALLUP, you should contact the local zoning administrator or code enforcement Officer to determine- toe Town' s requirements and the pracedure:s' and standards to be fol.lowed' for such projects. 1.f your project is determined to be a Class `B regicnal pxojeet the local government: wi.11 notify the Agency of your application and the review. Agency ,zma:y participate as a party ofinteres:t in the local Restrict ong Although the Proposed project described above does not require an A :enc g 9 y permit the following restrictions are imposed .by law-. Please note that the Town bf Que:ehsbuxy may nave more restrictive re quirement$ and standards than those administered by the Agency. 1• The project must be undertaken in accord with Agency 'regulations implementing the Fte'shwatex Wetlands Act, Prohibits subdvid3n whi.eh g, polluting, filling, dredging',. The- .Fort Miller Co.. :i Inc. January. 23, 2015 Page 4 dra bing or corsttuct on in a wetland unless an Agency perm�t, is fir.s:t obtsanet Iron your despript on o the projectand the 'map, supplied, it appears that the project will not involyv or affect _anyw-tland, inclosed for your information is a, flye'r which bri fly outlines: the typed of activities wh eh require an? Agency wetl:a t• d permi :. 2. A new on—si,t`e, :sewgge dispo.sa.1 system, may not be located Within 106 ,feet of any 'wetlands without art Agency permit.. Sewage disposal systems are measured horizontally :from the closest part of a leaching facility .to the edge of the wetlanda. The New York State Dep ,-tment of Health has additiQnal sewage disposal. system :standards "which must also be met 3:. The local land use r,eg.ul;ations administered by the Town also ,limit the use of property -and specify lot size and dimensions., setbacks for structures, building height and. septic system requirements., 4. No .structure other than residential radio and television antennas and ter tai:n agr:icu.lt.ural. st,xucture:s may, exceed 40 feet in height 'without an Agency perm t dor Agency purposes, height is measured from the highest point of the: structure to the lowest point of finished o,r natural, grade:'. '1he. .proposal may require approvals from other, go_veriunent entities. We also recommend that you check with county, othex state and with. :federal agencies as necessary- prior to .undertaking your pr:oJect_ ,If you have any questions, please feel. free to contact the Agency again Siner. y Y" las W Miler Project Administrator TJa:DWM:.mp cc: Craig Brown, Town of 'Queensbury Cede Officer (aria email RECEVE �A�2 5 9) EWYORK SLATE of Adirondack OPPQRTUNITY. Park Agency ��• LEILAN1 CRAFTS ULRICH TERRY MARTINO Chairwoman Executive Director January 21, 2016 Fort Miller Co., Inc. Butch Marcelle, President 688 Wilbur Avenue Greenwich, NY 12834 RE: Enforcement File: E2015-0003 Dear Mr. Marcelle: Please find enclosed the executed settlement agreement resolving this Enforcement File. Under the terms of the agreement, this original document must be filed in the Warren County County Clerk's Office no later than April 1, 2016. Please provide proof of filing to this office by returning the enclosed card. Thank you for your assistance in helping to resolve this matter. Should any questions arise, please do not hesitate to call me at the Agency phone number listed below. Sincerely, Jo n Burth Environmental Program Specialist 2 JMB:ap Enclosure P.O.Box 99•1133 NYS Route 86•Ray Brook, NY 12977 •Tel 518 891-4056.Pax 518 891-3938•www.apa ny goy j WARREN COUNTY —STATE OF NEW YORK ( PAMELA J.VOGEL, COUNTY CLERK 1340 STATE ROUTE 9, r-� LAKE GEORGE, NEW YORK 12845 COUNTY CLERK'S RECORDING PAGE ***THIS PAGE IS PART OF THE DOCUMENT—DQ NOT DETACH"** Recording: Cover Page 5 .00 Recording Fee 45 .00 Cultural Ed 14. 25 Records Management - Coun 1.00 Records Management - Stat 4.75 BOOK/PAGE: 5319 / 243 INSTRUMENT #; 2016-1473 Total : 70,00 Receipt#: 2016393206 NOTICE; THIS I5 NOT A BILL clerk: LB Rec Date: 03/04/2016 11: 22: 57 AM Doc Grp: RP Descrip: ADIR PARK AGENCY Num Pgs : 6 Recd Frm: THE FORT MILLER GROUP INC Partyl: ADIRONDACK PARK AGENCY Party2 : FORT MILLER CO INC Town: QUEENSBURY �"1 I hereby certify that the within and foregoing was recorded in the Warren County Clerk's Office, Record and Return To: State ofNew York. This sheet constitutes the Clerks endorsement required by Section 316 of the Real Property Law of the State of New York. THE FORT MILLER GROUP INC ATTN ANN SIGNOR Pamela Vogel PO BOX 98 Warren County Clerk SCHUYLERVILLE NY 12871 STATE OF NEW YORK: ADIRONDACK PARK AGENCY r= -------------------------------------------------------------------------------------------------------------------X In the matter of the apparent violation of Section 809(2)(a) of the Adirondack Park Agency Act and 9 NYCRR Part 578 on lands owned by: SETTLEMENT AGREEMENT Agency File E2015-0003 FORT MILLER CO., INC. RECEIVED Respondent, on property located in ADIRONDACK PARK AGENCY the Town of Queensbury, Warren County JAN 2 201 (Tax Map Parcel 279-1-59.2) LUA: Moderate Intensity Use ------------------------------------------------------------------------- WHEREAS: 1. Pursuant to Section 809(2)(a) of the Adirondack Park Agency Act and Adirondack Park Agency regulations at 9 NYCRR Part 578, a permit is required from the Adirondack Park Agency prior to any subdivision involving wetlands in the Adirondack Park. .-� 2. Tax Map Parcel 279-1-59.2 ("Lot 59.2"), shown on the map attached hereto as Exhibit A, is an approximately 100-acre parcel that contains wetlands and is improved by an approximately 400 square foot accessory cabin. 3. Respondent is the current owner of Lot 59.2, as described in a deed recorded under Book 4056, Page 143 in the Warren County Clerk's Office. 4. As of the May 22, 1973, enactment date of the Adirondack Park Land Use and Development Plan, Lot 59.2 constituted a portion of a larger property. A prior owner created Lot 59.2 by a subdivision involving wetlands from this larger property in 1995. No permit was obtained from the Agency prior to this subdivision. 5. Respondent desires to resolve this matter and agrees to be bound by the terms of this Settlement Agreement. NOW, THEREFORE, THE AGENCY AND RESPONDENT AGREE AS FOLLOWS: 1. Lot 59.2 is hereby recognized as lawful for purposes of Agency jurisdiction. 2. Respondent, its successors or assigns shall not undertake any subdivision involving wetlands of or the construction of any on-site wastewater treatment system within 100 feet of wetlands on Lot 59.2 without first obtaining an Agency Adirondack Park Agency File E2015-0003 January 7,2016 Settlement Agreement www.apa_ny.gov Page 1 permit. In addition, Respondent, its successors or assigns shall not undertake ^ construction of any road, driveway, or structure within 100 feet of wetlands on Lot 59.2 without first obtaining an Agency letter of non jurisdiction or an Agency permit. All future activities on Lot 59.2 shall occur in compliance with the requirements of the Freshwater Wetlands Act and the Adirondack Park Agency Act. The Agency makes no representation herein as to the approvability of any subdivision of or new land use or development on Lot 59.2. The Town of Queensbury administers an Agency-approved local land use program and should be contacted prior to any new land use or development on Lot 59.2 to determine any town requirements. 3. This settlement is binding on Respondent and all future owners of Lot 59.2. All deeds conveying all or a portion of the lands subject to this settlement shall contain references to this Settlement Agreement. 4. By April 1, 2016, Respondent shall file an original copy of this Settlement Agreement under its name in the Warren County Clerk's Office in the same manner as an Agency permit and shall provide proof of such filing to the Agency. 5. This Settlement Agreement resolves the violation cited in Paragraph 4 on Page 1 ^ above. Exhibit A: annotated portion of tax map Adirondack Park Agency File E2015-0003 January 7,2016 Settlement Agreement www.aoa.ny goy Page 2 Dated: -jjy)�y)r°' ' , 2016 Ray Brook, New York ADIRONDACK PARK AGENCY f By: erryFranco Martino" Execu Ive Director State of New York ) )ss. County of Essex ) On the ) day of , ° in the ear, j � y ��, before me, the undersigned, a Notary Public in anct for said State personally appeared Terry deFranco Martino, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ^ _s Notary Public f A.STREIFF Notary Pilij!,- '?,tate of New York Qu�'�fiec h rankiin County A1C: 162293176 y Commis:: ,r,,a res OCA. 12,20 ^ Adirondack Park Agency File E2015-0003 January 7,2016 Settlement Agreement www�ya a n .nov Page 3 AGREEMENT Respondent(s) agree(s) to the terms set forth in this Settlement Agreement to resolve the matter of Adirondack Park Agency File E2015-0003.p By: 1 f-el t c� Repres tative, Fort Miller Co., Inc. State oM)LLh*&) ) ss: County ofV144� On the A i� day of JukVartj in the year 201(0 before me, the undersigned, a Notary Public in and for said State personally appeared jai, MAY-c*A, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf which the individual acted, executed the instrument. Notary ublic vicKIF SVI-011AN Notary Pu'bilc. State of New York No 0'1 STE)C5,1Y)96 ouaiaiec1 ,) s,?ratoga Cou t My commission expires Adirondack Park Agency File E2015-0003 January 7,2016 Settlement Agreement www.apa.ny.gov Page 4 r �,a LO 0 fo C) A C, lw"CIC'.` CD �3 cn ui CD LO d a3 +ca v Ute, I % ° m J y,/ri //r///%%/,/ //fry,' E 0 c cu 0 uuuu w /��rjr��/�///�/��/�/�///rr�/ //%�/ �///////�,ro d\Y/ ��i% �,� M ///�(, h•' G+7 �,,IIIIIIIII "" q.1 /; � ✓ % ////rr% % i%/rcv �jr lr//r /,l/f rw,(i / �Vi,c:° r, I f.... .S II ¢"Cps /,,. f,/ �/er i //i///�i ,�r�i�/� ��/ /� r,, „��j/� r/ii J�i�i r �/i. •�I'"�q,C�..,/ % �1� 42�,., ,,,!// //, a/ .re ��/ pis /o, r„ /, /, b,- /i ✓ ,; ,,i,/, ;, / r,/r/ /r ,/ �jr� � + ,cwr¢*�I,, ,ri "rµ. c /.�✓sir/ //,r r //i/�/. r/%Cw«,�, rn/ //�/ ,�,,., r e. ,,'4"aN�.. r �r�/iii i .r..c.// ,r;h•- {1i ,i/a. /l. i /. 1ri�r.M^'+N; f /,//////r%l/r /�/.��// �%/�,. i r,// I^�. /C^*-,ir/l/l rrJ..:CW'7% ,at""` 493 --•'_ FORT MILLER THE FORT MILLER CO., INC. r1 P.O. Box 98 Schuylerville,NY 12871-0098 (518)695-5000 Fax(518)695-4970 www.fortmiller.com April 21, 2015 Mr. Chris Hunsinger,Chairman Town of Queensbury Planning Board 742 Bay Road Queensbury, NY 12804 Dear Chairman Hunsinger: The Fort Miller Co., Inc. respectfully withdraws its application for Site Plan 6-2015 and Special Use Permit 7-2015 to allow the continuation of its sand and gravel operation to the north-northeast of its existing, permitted operation. We began this process to alleviate the truck traffic on Dream Lake Rd. and allow us n to continue to serve our needs when the reserves at the existing, permitted location become depleted over the next 20-25 years or more. Given the unexpected, negative reaction we have observed at the public hearings from the residents along Dream Lake Rd,and the uncertainty that a setback greater than 50 feet(the DEC requires 25 feet) may be required at the continued location, we have chosen to withdraw our application at this time. This decision will necessitate that we continue to use the Dream Lake Rd. as we have in the past and we will continue to do our best to be respectful of our neighbors as we adhere to the requirements of our DEC mining permit which was recently renewed for another 5 year period. We appreciate the time and effort the Town of Queensbury and the Town Planning Board has expended on this project and we leave open the possibility of resubmitting the application at some future date. Sincerely, H.John Marcelle President The Fort Miller Co., Inc. n The Fort Miller Group,Inc.: Anvil Fence&Supply Co., Inc. Duke Concrete Products,Inc. • Loughberry Mfg.Corp. The Fort Miller Co., Inc. The Fort Miller Service Corp. • Tymetal Corp, TOWN OF Q UEENSB R Y 742 Bay Road, Queensbury, NY. 12804-5902 June 17, 2016 H. John Marcelle, President The Fort Miller Co, Inc. P.O. Box 98 Schuylerville, NY 12871-0098 Re: Pit Expansion Dream Lake Road/Ridge Road Tax Map Parcels: 279.-1-48, 72, 73 Dear Mr. Marcelle: I am writing you with regards to the discussions I had with your agent; Jonathan Lapper and to, hopefully, clarify a Town Zoning requirement applicable to the above-referenced proj ect. Specifically, our conversations focused on a particular performance standard for a commercial extraction operation found the Town of Queensbury Zoning Ordinance at Chapter 179-10-070, G, (1). The emphasis of the discussion was on the applicability of the 1000 ft. separation distance between the mine operations and an existing residence. As a result of this discussion, it was agreed that this 1,000 ft. requirement was applicable and it was to be treated as buffer requirement rather than a setback requirement and therefore would be discussed during the Planning Board review of the project. I understand that you and your agents may be compiling the necessary application materials for a new submittal. If so, please be reminded of our pre-submission requirements and submittal deadlines to avoid any delays in the processing of your application. Should you have any questions or comments regarding your application, please do not hesitate to contact this office. S'ncer ly, Craig Brown Zoning Administrator CB/sh Cc: Jon Lapper,Esq. BPSR LACraig Brown12416 LettersTort Miller 6 17 16.doe " Home of Natural Beautit ... A Good Place to Live "