Staff Notes SP 34-2019 & SUP 1-2019 Wright_6 18 19
Town of Queensbury Planning Board
Community Development Department Staff Notes
June 18, 2019
Site Plan 34-2019 CAROL WRIGHT
Special Use Permit 1-2019 304 Cleverdale Road / WR – Waterfront Residential / Ward 1
SEQR Type II
Material Review: application, site plan, response to special use permit general and specific criteria
Parcel History: n/a
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Requested Action
Planning Board review and approval to rent two boat slips on either side of the owner’s boathouse.
Resolutions
1. PB decision
Project Description
Applicant proposes to rent two boat slips on either side of the owner’s boathouse. The boathouse is used for
owner’s kayak and canoes. The site plan notes the garbage, restroom access and parking for tenants. No pump-
out is necessary as boats do not have bathrooms. Pursuant to Chapter 179-3-040 & 179-10-070(G) of the
Zoning Ordinance, Class A Marinas shall be subject to Planning Board review and approval.
Staff Comments
Location- The project is located at 304 Cleverdale Road off of Route 9L with an existing boathouse with
three slips. The parcel is a 0.19 acres
Arrangement- The applicant is working with the Lake George Park Commission also to obtain approval for
a Class A Marina. The applicant explained the boathouse itself is used by the property owner and the
exterior slips are to be rented.
Site Design- The plans show parking area for the homeowner and dock tenants. The applicant has indicated
dock tenants will have access to the restroom that is attached to the house. There are no changes to the
project site or marina area.
Waivers-Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h.
signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction
details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal.
The waivers requested–Staff finds it reasonable to request a waiver as these items are typically
associated with commercial 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.
General Criteria for a Special Use Permit listed below:
A. Harmony with the Comprehensive Plan: Class A Marina is an allowed use in the Waterfront Zone through
a special use permit. The applicant has explained the Park Commission permit has been submitted and is to be
reviewed. Both the Town of Queensbury and the Lake George Park Commission allow for Class A marina’s but
have a review process that is completed separately.
B. Compatibility: The proposed Class A Marina is an existing boathouse with an interior slip and two external
slips. The plans identify 2 rental spaces on the outside of the boathouse. This is similar to the neighboring
docks and boat houses on site design and access to the main home.
C. Access, circulation and parking: The project plans show the parking area that can be used by the
homeowner and dock tenants.
D. Infrastructure and Services: The applicant does not propose any changes to the existing conditions on the
site or marina.
E. Environment and natural features: The dock is pre-existing and no changes to the rental of two docks and
natural environment of the area are proposed.
F. Long-term effects: The applicant has indicated the Class A Marina would assist financially.
Specific criteria for Class A marinas. All marinas shall comply with the standards for Class A and Class B
marinas as adopted by the Lake George Park Commission in 6 NYCRR Part 646, as may be amended.
Lake George Park Commission Excerpt…..Section 646-1.2 Class A Marinas.
In addition to the requirements of other sections of this Subpart, all Class A marinas servicing the waters of
Lake George shall comply with the following:
(a) General requirements.
(1) No person shall construct, expand, or operate a Class A marina servicing the waters of Lake George, or alter
or expand the number or type of services or recreational activities offered without obtaining a permit from the
commission, or if a permit has been issued for the subject facility, a modification to the permit for that facility
which authorizes the new or expanded services or recreational uses. Permits shall be issued for a maximum of
five years.
Applicant is working with the Park Commission and has submitted the paperwork pending the Town of
Queensbury review.
(2) No permit shall be issued for the construction, operation or expansion of a quick launch facility which was
not in existence and operating, or for which no permit was issued, prior to the effective date of these
regulations.
The applicant does not propose a quick launch facility and the site does not have the means for quick
launch.
(3) Permits issued pursuant to Section 646-1.2 (a) (1) of this Title may be issued only to the owner of the
facility or in the alternative to a lessee of the facility and shall authorize activities and uses at that facility. A
permit may not be relocated to other facilities unless a permit for the different facility has been issued by the
Commission. Marina permits will be modified to reflect a sale or transfer of the facility to another owner
subject to a determination by the Commission that the facility is in accordance with the requirements of this
Subpart and permits issued in accordance with this Subpart. Lakefront marina facilities at separate locations
under common ownership shall require separate permits pursuant to Section 646-1.2 (a) (1) of this Title.
Applicant proposes to operate a 2 slip marina.
(4) Special Permits. A special permit is a permit granted by the Commission to operate any new recreational
activity as defined in Section 646-2.4 (1) of this Title or the recreational activities or uses contained in Section
646-1.4 of this Subpart. Special permits are not transferrable to another location and shall not be leased or
transferred to another location, facility or operator.
(b) Specific Requirements: No Class A marina shall be constructed, expanded or operated without providing the
following:
(1) Restrooms, including toilet facilities, for the use by customers, which shall be available at all times from
May 1 to October 31 of each year.
The applicant proposes access to the restroom attached to the home –each tenant will have access to the
restroom.
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(2) One on-site parking space or adequate off-site parking for each vessel berthed. Where the Class A marina
offers rides, instruction or water-based recreation for a fee, adequate parking must be provided for customers of
the Class A marina.
The applicant has shown on the plans the area for tenant and homeowner parking.
(3) An adequate storage area for trailers or the storage of trailers shall be prohibited.
The applicant does not propose the storage of trailers on the site.
(4) Where applicable, proof of compliance with New York State fire code standards and DEC bulk storage
standards for the storage of gasoline and hazardous materials. If applicable, no permit application shall be
complete until proof of compliance is submitted to the Commission.
The applicant does not propose bulk storage or the storage of gasoline or hazardous materials
(5) For each Class A marina with a petroleum sales facility, a plan relative to the inspection and maintenance of
petroleum storage facilities and all associated equipment, and appropriate measures relative to spill prevention
and countermeasures. Such plan shall include:
(i) the inspection of all plumbing and related pumping equipment, not less than daily, to guard against leakage
of petroleum products into the waters of the Park;
(ii) the training of each person pumping motor fuels in procedures to guard against the spillage of such motor
fuels into the waters of the park and procedures to respond to a spill; and
(iii) the maintenance, in close proximity to the pumping facilities, of such equipment as is necessary to respond
to any spill of petroleum products into the waters of the Park or on to land or structures where it may flow into
the waters of the Park.
i-iii…not applicable to the applicants proposal for two slips
(6) Adequate garbage and debris disposal facilities with leak proof containers, which must be properly
maintained.
The applicant has indicated the garbage and recycling are located at the house and emptied regularly.
(7) Facilities for the disposal of sanitary wastes from vessels with on-board sanitary equipment including:
(i) on-site pump out facilities, or proven access to pump out facilities, for use by vessels which use the services
of the Class A marina; and
(ii) facilities for the disposal of waste from portable marine toilets, or proven access to such facilities, for use by
vessels which use the services of the Class A marina. Such facilities shall be designed, installed, operated and
maintained to prevent the discharge of contaminants from marine toilets to the waters of the Park or the ground
from which they may flow into the waters of the Park. For the purposes of this paragraph, vessels using the
services of the Class A marina shall include vessels which moor, dock or are quick launched by the marina.
Written proof of access to disposal facilities for a period equal to the life of the permit shall be required. Off-site
facilities must be located within a reasonable distance from the Class A marina.
i-ii…not applicable to the applicants proposal for two slips
(8)A boat cleaning area that is designed, operated and maintained in such a manner to prevent contamination of
the waters of the Park shall be provided, or boat cleaning shall be prohibited.
No boat cleaning is proposed on site.
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(9) All Class A marina owners or operators engaged in the rental of personal watercraft (PWC) as that term is
defined in Section 646- 2.3 (a) (3) of this Title upon the waters of Lake George shall in addition to the
regulations governing PWC contained in Subpart 646-2 of this Title comply with the following regulations:
(i) The owner or operator of a PWC shall ensure that prior to operation all users of PWC have read the rules and
regulations governing their operation as contained in this Subpart, as well as Subpart 646-2 of this Title. All
users shall sign a form prepared by the owner or operator that indicates the user has read said rules and
regulations. The owner or operator shall maintain written records that the above requirements have been
complied with. The records are subject to inspection by the Commission upon reasonable notice.
(ii) If the PWC is part of a rental fleet or group of PWCs, a tour guide shall operate a vessel with the fleet or
group.
(iii) A fleet or group shall not consist of more than six (6) PWC. The tour guide shall guide the operations and
behavior of the fleet or group. The tour guide shall not be in charge of more than one (1) fleet or group at any
time.
i-iii…Not applicable to the applicants proposal for two slips
Summary
The applicant has completed a site plan application and special use permit for the operation of a 2 slip Class A
Marina.
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Meeting History: 1 meeting;
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