Staff Notes SP PZ 223-2016 & SUP PZ 224-2016 Fort Miller_5 21 19
Town of Queensbury Planning Board
Community Development Department Staff Notes
May 21, 2019
Site Plan PZ 223-2016 THE FORT MILLER COMPANY, INC.
Special Use Permit PZ 224-2016 39 Dream Lake Rd. & State Rt. 9L / RR5A – Rural Residential 5 Acres /
Ward 1
SEQR Type I –Completed by NYSDEC
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; (-48) SP 55-2015, UV 57-
2015 Cell Tower, local law 1, of 2019 re: zoning
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Requested Action
Planning Board review and approval to construct an access road from the existing sand & gravel operations to
State Route 9L and includes future sand and gravel operations.
Resolutions
1. SEQR – NYSDEC completed SEQR review 1/19/2018 (No further SEQR review by the Planning Board is
required)
2. PB decision
Project Description
Applicant proposes to construct an access road from the existing sand & gravel operations to State Route 9L.
The project includes future sand & gravel operations. The sand & gravel operations have been reviewed by
NYSDEC – documentation has been included as part of submission. Applicant requests waiver from 1,000 ft.
to a residence for operations of the sand & gravel removal. Pursuant to Chapter 179-10-060 & 179-1-040 of the
Zoning Ordinance, commercial sand, gravel and topsoil extraction in an RR5 zone shall be subject to Planning
Board review and approval.
Staff Comments
Location-Project site is at 39 Dream Lake Road with a new proposed access to Route 9 L. The Dream Lake
Road access will be discontinued unless there is an emergency –see additional conditions from Town Board
resolution 104-2019.
Arrangement- 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.
Site Design- 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 4,100 ft. in length total and will provide access to the new area of the
activity. 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.
Building – 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.
Lighting and Signage- The information submitted indicates there will be no new lighting or signs on the site.
Traffic- 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 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.
Grading and drainage plan Sediment and erosion control-The project is subject to the requirements of the
NYSDEC mining permit for water usage and stormwater maintained on site. The applicant has indicated
the new internal road is to be about 5.2 acres on the applicant’s property and 0.9 ac on the easement
property. The applicant has indicated a stormwater management (SWPPP) is to be completed for the road
development. The applicant intends to submit pending project review and public hearing.
Landscape plan – The applicant per the NYSDEC permit is required to complete a reclamation plan as
operations move within the property. The applicant has detailed the buffer request for less than 1000 feet.
See Special use permit section.
Elevations – The applicant has provided cross sections of the property and road detail.
Waivers-Planning staff has reviewed the applicants request for waivers that include items g. lighting, h.
signage, o. new constructions/alterations, p. floor plans, r. construction waste, and s. snow removal
locations.
The waivers requested–Staff finds it reasonable to request a waiver as these items due to the application
type -are typically associated with commercial building projects.
Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the
written request of an applicant. The Board is to review the waivers and to determine if they are to be
granted.
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Special Use Permit General and Specific Criteria
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 had been updated to include uses
such as sand and gravel extraction and processing in the Rural Residential 5 acre zoning areas. The
zoning map had been updated to for RR5 acre.
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 and places 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 Ridge Road access road was proposed 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.
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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.
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 section drawing shows the edge of
proposed permitted activity to the closest residence is 230 ft and the other residences are at distance greater
than 230 ft.. The applicant also proposes the material processing to occur at 1,000 ft or greater from
residences. The plans also show the elevation change where process would be about 360+/- elevation and
then at the 50 ft buffer it is about 500 ft in elevation. The applicant has explained there is an existing 50 ft
buffer that is existing on the applicants property to the property line as shown on the plan that is to remain.
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.
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(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 NYSDEC permit 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
th
Sundays or legal holidays of New Year’s Day, Memorial Day, July 4, 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
Town Board
Zoning Change Conditions, Resolution 104-2019, Adopted April 1, 2019 by the Town Board. Noting the
applicant and Kubricky have agreed to these terms in writing:
1. The Fort Miller Company, Inc. shall construct a road connecting their current mining operation
and Ridge Road, using the property in question.
2. That road shall be their primary road for their mining operations and any other related traffic.
3. That the Dream Lake Road access shall be gated and closed and only be used in the case of
emergencies.
4. Signs indicating that mine access is only on Ridge Road shall be placed on Bay Road to the
North and South of the entrance to Dream Lake Road for a period of at least one (1) year.
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5. That the above shall occur:
A. Within 16 months of Final Planning Board approval for the expansion of the mining
operation on any of tax map nos: 279.-1-48, 279.-1-72, 279.-1-73 or 279.-1-59.2;
B. Prior to the commencement of any expansion not requiring Planning Board approval on
any such tax map parcels, whichever comes first.
6. The Applicant’s and Kubricky John and Sons, Inc.’s written consent to the rezoning and the
above conditions shall be filed in the Town Clerk’s Office within ten (10) days of adoption of
this Resolution.
Summary
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. The board may consider requesting the stormwater
management be completed for review prior to decision.
Meeting History: PB: 10/18/16;
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