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
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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
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