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Area Variance Application & Documents August 15, 2019 Town of Queensbury Planning Board 742 Bay Road Queensbury, New York 12804 Town of Queensbury Zoning Board of Appeals 742 Bay Road Queensbury, New York 12804 Re: 10 Dunham’s Bay Road, LLC Properties: Tax Map Parcels 239.20-1-4 and 252-1-67 Dear Planning Board/ZBA Members: Our firm is counsel to 10 Dunham’s Bay Road, LLC, the owners of the property located at 10 Dunham’s Bay Road in Queensbury. This site is the former Dunham’s Bay Boat Company location (i.e., Sea Ray, etc.). Our clients purchased the property in October of 2018 and have proceeded with a cleanup of the property since then. Currently, the “Freedom Boat Club” owned by Queen Boat Company operates out of the marina. The marina also has berths for private boat rentals. A copy of the marina’s Class A Marina Permit from the Lake George Park Commission is enclosed for the board’s reference. Design Team: The design team of architects and engineers is as follows: Phinney Design Group Environmental Design Group, LLP (EDP). Required Approvals/Permits: In working with Town and Lake George Park Commission Staff (LGPC info is for your information only), we have identified the following required approvals/permits which are discussed in the project narrative below. Town of Queensbury Planning Board - Site Plan Review - Special Use Permit- Class A Marina Town of Queensbury Zoning Board of Appeals: - Variances. Proposal is to improve a prior existing non-conforming use for which variances are required per Town Zoning Code §179-13-010[E],[F]: o Zoning Sections:  §179-3-040[A][5][b][2]- Front: 30 feet is required, 2.9 feet exists, 3.6 feet is proposed;  §179-3-040[A][5][b][9]- Height: 28 feet is required, 37 feet 2 inches exists, 38 feet is proposed;  §179-3-040[A][5][b][10]- Permeability: 75% is required, 23.7% exists, 23.9% is proposed;  §179-3-040[A][5][b][11]- Floor Area Ratio: 0.22% is required, .72 exists, .71 feet is proposed;  §179-4-040[A][5][b][2]- Shoreline: 50 feet is required, 0 feet exists, 0 feet is proposed.  §179-4-090[F]- Parking: 46 spaces are required, 19 on site are proposed, 11 are on street. Project Narrative: In an overall sense, the project includes interior modifications for use by the Freedom Boat Club model for patrons of the marina only, as well as exterior improvements. I. Site Plan Review: The site plan from a land standpoint deals largely with the structures. From the plans and specs you will note that improvements are being made to the lighting and structures. Given the site constraints, on site improvements for the lakeside parcel are limited. The main emphasis of the site improvements is the replacement of the entrance along the southerly section of building, on site stormwater improvements, and lighting improvements, as well of course as the significant aesthetic enhancements to the buildings. The structural changes are to accommodate the club on the second floor of the marina building. You will note on the plans the internal changes that are proposed to permit better usage of the structure. a. Club model: We do not propose that the facility will be generally open to the public. The Freedom Boat Club members and private dock renters would have access to the “club” area of the second floor. Thus, as opposed to an open to the public restaurant, we anticipate that any impacts from the use to be minimal. The current layout and physical status of the building require significant upgrades, and this proposal will accommodate the needed improvements. The boards may note that the lakeside roofline is “raised” to a more flat nature. This will accommodate the interior uses of the bar/lounge area, but importantly, this will also permit the roof top stormwater treatment vegetated area. We believe this roughly 1,800 or so square foot improvement will add the benefit of treating water on site. This will also add significant aesthetic improvements to the area along the lake. b. Interior: Reference is made to sheets 101 and 102 submitted with the applications. The drawings on the upper half of the pages shown in green are “existing” and the lower half of the pages shown in blue are “proposed”. i. First Floor: The proposal is to replace the existing entrance with an ADA compliant entrance to access the first and second floors. On the first floor, the 104 square foot entrance will be replaced with a 226 square foot entrance. The restroom areas near the entrance will remain the same square footage. The current check-in/showroom and office will be combined for a 432 square foot check-in/showroom, and 26 square feet dedicated to elevator space to the second floor. The mechanical storage area will be reduced from 169 square feet to 112 square feet, and a currently 33 square foot bathroom increased to 68 square feet. ii. Second Floor: The proposal is to replace the existing offices, showroom space, outside deck along the “lake” or westerly side of the property, with a 1,292 square foot lounge/bar area, and 373 square foot open deck. The open deck looks to the northwest out towards Dunham’s Bay. The existing 2405 square foot showroom will be reallocated to a 624 square foot open/circulation area, a 621 square foot showroom for boats, 2 additional restrooms, a food prep/service area and storage area, and 2 offices. c. Exterior: i. Roof Plan: Please reference sheet 200. Approximately 3500 square feet of high roof area currently exists and will not change, however we expect to re-roof this portion of the building with standing seam metal roofing. Approximately 1800 square feet of existing lower roof area will be transformed into a green roof system to aid with stormwater retention on site. There is approximately 185 square feet of new standing seam metal room over what will be the new main entry which we are reducing in size from the current footprint. There are no proposed changes to the existing Butler building at the rear of the site aside from re-roofing the existing structure. ii. Axons: Please reference sheet 300. The axonometric drawings have been included in the set to help the reviewers understand the context of the building as it relates to the site, waterfront, dockage, and adjacent roadways. iii. Elevations: Please reference sheets 301, 302 and 303. The proposed renovation to the existing building has been designed to reflect a style consistent with an Adirondack Nautical style. The drawings include preliminary exterior material selections to give a sense of the color and finishes which may be included in the final design. iv. Renderings. Please reference sheets 305, 306 and 307. Sheet 305 shows the proposed “look” of the buildings from the lake side looking generally north east. Sheet 306 shows the look of the buildings generally looking northwest from Dunham’s Bay Road. Sheet 307 shows the look of the buildings looking generally south/southwest from Dunham’s Bay Road/Route 9L. v. The lighting cut sheets are provided for lighting details. We believe you will likely agree that the proposals are a significant improvement over the existing conditions of the buildings. The color palate and natural wood elements, together with the vegetated roof, were selected to make the buildings blend in a bit more with surrounding uses, as well as the more rural nature of this area of Dunham’s Bay and the lake. II. Special Use Permit: We are enclosing herewith the Lake George Park Commission Class A marina permit, together with the Town’s SUP criteria application. In short, the proposal is to utilize an existing Class A Marina. Whereas in the past, more significant boat sales and service occurred on the site, we believe the current proposal is actually a decrease in the prior intensity of use. While limited boat sales and motor sales are still anticipated, the volume is expected to be significantly less than prior uses simply because that is not the focus of the marina operations. As noted, the marina operations are centered around the “Freedom Boat Club” model, and we believe that this meets the special use permit criteria, including the existing special use permit. We do not believe there are any on land improvements that impact the existing special use permit at all. III. Variances: We note that the variances are generally driven by the replacement of a prior existing non-conforming use under Queensbury Zoning §179-13- 010[E],[F]. There are 2 “increases” in non-conformity, namely height, where an additional 10 inches is proposed, and the front setback near the entrance where an existing ___ is proposed to be ___. The height increase is intended to accommodate the rooftop ‘eaves’ on the ‘upper’ portion of the roof to provide a better overhang to protect the windows and improvements along that southwesterly edge of the building. Likewise, the decrease in setback along the “front”, i.e., Dunham’s Bay Road, is intended to allow a more ADA compliant entrance facility. All variances are discussed below, but we do not believe any pose any impact to the neighborhood, and that any impacts at all are outweighed by the benefits offered by these features. We turn to the area variance criteria in Town Law §267-b: a. Area variances. ZBA weigh the benefit to the applicant if the variance is granted vs. the detriment to the health, safety and welfare of the neighborhood or community by such grant. ZBA must consider: i. whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; 1. §179-3-040[A][5][b][2]- Front: 30 feet is required, 2.9 feet exists, 3.6 feet is proposed; Discussion: This variance relates to the replacement of the existing entrance. The existing entrance is being remodeled to become more ADA compliant, and internally, to allow layout that will permit the installation of an elevator so that individuals who need elevator access to the second floor will have that access. Though this is actually an increase in conformity, it still required as we are replacing one non- conforming use with another. We do not believe that this variance will pose any threat to the neighborhood. There are no adjoining uses that would be impacted by this request. 2. §179-3-040[A][5][b][9]- Height: 28 feet is required, 37 feet 2 inches exists, 38 feet is proposed; This variance relates to the increase in the extension of the eaves on the building. This is proposed for better storm protection for the improvements under the eaves, and aesthetics. We do not believe the 10 inch increase will impact the neighborhood. No site lines are impacted and we can see no other impacts. 3. §179-3-040[A][5][b][10]- Permeability: 75% is required, 23.7% exists, 23.9% is proposed; This too is a small net increase. As it currently exists, the property is largely built out and is very narrow. Stormwater actually sheet flows through the Butler building that is used for maintenance and storage. The plans propose to improve this, but obtaining anywhere near 75% is not possible. We do not see an impact to this request. 4. §179-3-040[A][5][b][11]- Floor Area Ratio: 0.22% is required, .72 exists, .71 feet is proposed; Similar to the requests above, this is a small net of more compliance, but nowhere near 22% which cannot be obtained. We do not see that this impacts the neighborhood. 5. §179-4-040[A][5][b][2]- Shoreline: 50 feet is required, 0 feet exists, 0 feet is proposed. The Board will note that the shoreline is actually under the structure as it is over the Lake. There is no change in non- conformity proposed and we do not believe this will impact the neighborhood. 6. §179-4-090[F]- Parking: 46 spaces are required, 19 on site are proposed, 11 are on street. The site is similarly limited from a parking standpoint. Whereas 46 spaces are required, 19 on site, 11 on the adjacent street are proposed. In reality, we believe that the parking is adequate. Though due to the current LGPC permit, which we may revisit with the LGPC, no parking is allowed for patrons on the “uplands” parcel, employees can park there. That is currently not needed, but if demand ever created that need, it would be utilized so that all staff and ownership park on the uplands parcel. From a utilization standpoint, the existing maintenance/storage building is cleared out of boats during peak parking times, and autos are parked in that building as needed. To date, 5-7 cars at busy times have been parked in that building. Others are accommodated on site and on the adjacent road (not 9L of course). We do not believe this has any impact on the neighborhood. ii. whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; 1. §179-3-040[A][5][b][2]- Front: 30 feet is required, 2.9 feet exists, 3.6 feet is proposed; Without actually removing the entrance, we believe that there is no feasible alternative to the entrance setback. 2. §179-3-040[A][5][b][9]- Height: 28 feet is required, 37 feet 2 inches exists, 38 feet is proposed; In concept, this can be eliminated if it poses an issue, but from a protection of the building standpoint and the aesthetics, when weighed against the lack of any real impacts, we believe the balance would weigh in favor of this eave proposal. 3. §179-3-040[A][5][b][10]- Permeability: 75% is required, 23.7% exists, 23.9% is proposed; We do not see any feasible alternatives at all here. 4. §179-3-040[A][5][b][11]- Floor Area Ratio: 0.22% is required, .72 exists, .71 feet is proposed; Similarly, we do not see any feasible alternatives here. 5. §179-4-040[A][5][b][2]- Shoreline: 50 feet is required, 0 feet exists, 0 feet is proposed. The only alternative would be to remove the building, which could not be said to be a feasible alternative. 6. §179-4-090[F]- Parking: 46 spaces are required, 19 on site are proposed, 11 are on street. Unfortunately for parking as well, there are no feasible alternatives given the site constraints. iii. whether the requested area variance is substantial; 1. §179-3-040[A][5][b][2]- Front: 30 feet is required, 2.9 feet exists, 3.6 feet is proposed; 2. §179-3-040[A][5][b][9]- Height: 28 feet is required, 37 feet 2 inches exists, 38 feet is proposed; 3. §179-3-040[A][5][b][10]- Permeability: 75% is required, 23.7% exists, 23.9% is proposed; 4. §179-3-040[A][5][b][11]- Floor Area Ratio: 0.22% is required, .72 exists, .71 feet is proposed; 5. §179-4-040[A][5][b][2]- Shoreline: 50 feet is required, 0 feet exists, 0 feet is proposed. 6. §179-4-090[F]- Parking: 46 spaces are required, 19 on site are proposed, 11 are on street. For all of these requests, we believe the figures could be considered substantial if viewed solely from a numeric standpoint. However, when looking at the context of the entire property, together with the goal of vastly improving what is a tired structure, we believe the investment to be made in these improvements, which we believe benefits the neighborhood and surrounding properties, outweighs any figures here. iv. whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 1. §179-3-040[A][5][b][2]- Front: 30 feet is required, 2.9 feet exists, 3.6 feet is proposed; 2. §179-3-040[A][5][b][9]- Height: 28 feet is required, 37 feet 2 inches exists, 38 feet is proposed; 3. §179-3-040[A][5][b][10]- Permeability: 75% is required, 23.7% exists, 23.9% is proposed; 4. §179-3-040[A][5][b][11]- Floor Area Ratio: 0.22% is required, .72 exists, .71 feet is proposed; 5. §179-4-040[A][5][b][2]- Shoreline: 50 feet is required, 0 feet exists, 0 feet is proposed. 6. §179-4-090[F]- Parking: 46 spaces are required, 19 on site are proposed, 11 are on street. For all of the above, we do not see any adverse effects or impacts on the physical or environmental characteristics in the neighborhood. Indeed, the goal of this entire project is to improve an eye sore. The property was largely let to become subject to substantial deferred maintenance. The new owners wish to improve the property, which we confidently believe is a net positive to both the environment and the neighborhood. The green roof is intended to treat stormwater, and the on structural improvements will benefit the neighborhood from an aesthetic, and likely value, standpoint. v. whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. 1. §179-3-040[A][5][b][2]- Front: 30 feet is required, 2.9 feet exists, 3.6 feet is proposed; 2. §179-3-040[A][5][b][9]- Height: 28 feet is required, 37 feet 2 inches exists, 38 feet is proposed; 3. §179-3-040[A][5][b][10]- Permeability: 75% is required, 23.7% exists, 23.9% is proposed; 4. §179-3-040[A][5][b][11]- Floor Area Ratio: 0.22% is required, .72 exists, .71 feet is proposed; 5. §179-4-040[A][5][b][2]- Shoreline: 50 feet is required, 0 feet exists, 0 feet is proposed. 6. §179-4-090[F]- Parking: 46 spaces are required, 19 on site are proposed, 11 are on street. It cannot be said for variances 1, 3, 4, 5 and 6 above that the alleged difficulty is self created. Perhaps not so for the height discussion. As noted, the small increase in non-conformity is self created. However, when engaging in the balance test, as well as viewing the net positives associated with this project, we believe this does not preclude the granting of this particular variance. We have taken the somewhat unusual step of including all of the above in one letter. This is done both as an efficiency, but also with the understanding that the Planning Board and ZBA will be referring the matter to one another, and we feel that the information supplied to both will assist in this endeavor. We thank the Boards’ consideration of this request and look forward to appearing before you. If, at the meeting or before, you require additional information, please do not hesitate to contact me and I will attempt to provide same. Thank you. Sincerely, Matthew F. Fuller, Esq. mfuller@meyerfuller.com LGPC Permit 5234-48-18M1, 5220-68-18 SPT Page 5 of 8 The Queen Boat Co marina LGPC Permit 5234-48-18M1, 5220-68-18 SPT Page 6 of 8 LGPC Permit 5234-48-18M1, 5220-68-18 SPT Page 7 of 8 LGPC Permit 5234-48-18M1, 5220-68-18 SPT Page 8 of 8 Tour Boat Area of Operation Area Variance [ZBA approved: September 21 2016] Town of Queensbury Area Variance Application REVIEW PROCESS: 1) Required Pre-Submission meeting with staff to determine general completeness of application materials to be held no later than 1 week prior to deadline day. Call (518) 761-8238 or (518) 761-8265 for an appointment. 2) Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for consideration for placement on an agenda for that month. 3) Incomplete applications will not be considered for placement on any agenda until all missing information has been supplied. 4) Submittal to the Warren County Planning Board, if applicable. 5) Zoning Board meetings, generally the third and fourth Wednesday of each month. You will be advised in writing as to which meeting to attend. 6) Following the meeting, you will be provided with a copy of the resolution stating the Board’s decision on your application. If your application was approved, the next likely step is a Building Permit. Final plans / drawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DOCUMENTS TO BE SUBMITTED: (HARD COPY & ELECTRONIC) 1 original and 14 copies of the completed application package to include: Completed Application: pages 1–9 completed, signed & dated Pre-Submission Meeting Notes: signed by staff Denial Letter: from the Zoning Administrator Survey: Current Survey: survey map depicting current conditions – sign, stamped, date by surveyor Proposed Conditions Map: The proposed conditions map must be based on a current survey and may by prepared by Surveyor, Professional Engineer (Civil) or a Registered Architect. Area / Sign Applications: must provide a final as-built survey depicting all site conditions and improvements Survey Waiver: Applicant may request a waiver from the survey pre and post requirements. Copy of Deed Fee: $50 residential; $100 commercial ZONING STAFF & CONTACT INFORMATION: Craig Brown, Zoning Administrator craigb@queensbury.net Laura Moore, Land Use Planner lmoore@queensbury.net Sue Hemingway, Office Specialist sueh@queensbury.net (518) 761-8238 Visit our website at www.queensbury.net for further information and forms. Page 00 Area Variance [ZBA approved: September 21 2016] General Information Tax Parcel ID Number: ____________________ Zoning District: ____________________ Detailed Description of Project [include current & proposed use]: Current Use: _________________________________________________________________ Proposed Use: ____________________________________________________________ Location of Project: _______________________________________________________________ Applicant Name: Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-Mail: FAX No. Agent’s Name: Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Owner’s Name Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Page 1 Area Variance [ZBA approved: September 21 2016] Site Development Data Area / Type Existing sq. ft. Proposed Addition sq. ft. Total sq. ft. A. Building footprint B. Detached Garage C. Accessory Structure(s) D. Paved, gravel or other hard surfaced area E. Porches / Decks F. Other G. Total Non-Permeable [Add A-F] H. Parcel Area [43,560 sq. ft. / acre] I. Percentage of Impermeable Area of Site [I=G/H] Setback Requirements Area Required Existing Proposed Front Yard [1] Front Yard [2] Shoreline Side Yard [1] Side Yard [2] Rear Yard [1] Rear Yard [2] Travel Corridor Height [maximum] Permeability Number of parking spaces Page 2 Area Variance [ZBA approved: September 21 2016] Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? _______________ 2. If the parcel has previous approvals, list application number(s): _________________________ 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit Program? __ Yes / __ No 4. Estimated project duration: Start Date: __________ End Date: __________ 5. Estimated total cost of project: _______________ 6. Total area of land disturbance for project: _______________ Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage. Zoning District Symbol Floor Area Ratio [FAR] Waterfront Residential WR 0.22 Commercial Moderate / Commercial Intensive CM / CI 0.3 A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included. (See “FLOOR AREA RATIO”). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site. Parcel Area ___________________________ sq. ft. Existing Floor Area ___________________________ sq. ft. [see above definition] Proposed Additional Floor Area ___________________________ sq. ft. Proposed Total Floor Area ___________________________ sq. ft. Total Allowable Floor Area ___________________________ (Area x _____) [see above table] Page 3 Area Variance [ZBA approved: September 21 2016] Compliance with Zoning Ordinance Requesting relief from SECTION: ________________________________ Need relief from the requirement(s) listed below which can not be met by the project as proposed. [Check all that apply]  Setback  Buffer Zone  Lot Width  Other ______________________ The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 3. Whether the requested area variance is substantial? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 5. Whether the alleged difficulty was self-created? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Page 4 Area Variance [ZBA approved: September 21 2016] Section 179-14-030 –Application materials Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s) – a survey showing existing conditions, a proposed conditions map (see page 00 for specific criteria) and include any other attachments that address A - D as applicable to the proposed project. A. General Shown on Sheet # 1 Title, Name, Address of applicant & person responsible for preparation of drawing 2 Deed 3 North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ] 4 Boundaries of the property plotted to scale, zoning boundary 5 Principal structures, accessory structures with exterior dimensions 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed 7 Setbacks for all structures and improvements: existing & proposed 8 Elevations and floor plans of all proposed and affected structures B. Water & Sewer Shown on Sheet # 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or proposed on-site water supply and septic 3 Separation distances for proposed sewage disposal system to well and water bodies 4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location, design and construction of water supply including daily water usage 5 Percolation test location and results C. Parking / Permeable Areas Shown on Sheet # 1 Number of spaces required for project including calculations and justification: existing & proposed 2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material [e.g., gravel, paved] 3 Provision for pedestrian and handicap access and parking: existing & proposed 4 Design details of ingress, egress, loading areas and cutting: existing & proposed 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed 6 Lighting, location and design of all existing and proposed outdoor lighting D. Additional Site Development and Miscellaneous Shown on Sheet # 1 On-site & adjacent watercourses, streams, rivers, lake and wetlands 2 Utility / energy distribution system [gas, electric, solar, telephone]: existing & proposed 3 Location, design and construction details of all existing and proposed site improvements including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants, etc. 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & proposed 5 Signage: Location, size, type, design and setback: existing & proposed 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items 7 Commercial / Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans 8 Identification of Federal, State or County permits required for the project together with a record of application for all necessary permits Page 5 SPECIAL USE PERMIT GUIDANCE Certain land uses have been designated as requiring a special use permit (and thereby also requiring site plan review and approval). These uses have been so designated because they are considered to be inherently challenging and potentially incompatible with surrounding land uses due to the nature, intensity, size or type of operation of the proposed use or due to its proposed location The Planning Board may impose conditions such as limitations on the hours of use, the intensity of the use, the use of structures and land, and any other condition reasonably related to the project that it deems necessary. The Planning Board may require the posting of financial security in order to ensure that improvements and or activities are carried out as related to the Special-use permit. There are three types of permits which may be granted by the Planning Board, they are permanent, temporary, or renewable. Please provide a response to each of the following items as it relates to your project as part of your application for a special use permit. Special Permit Use –refer to zoning code section and use table: §179-10-040, 060 Please describe how the proposed activity is in harmony with Comprehensive Plan. You may use excerpts from our Comprehensive Plan; note our Comprehensive Plan can be found on-line at http://www.queensbury.net. The proposed use shall be in harmony with and promote the general purposes and intent of the Comprehensive Plan, and Chapter 179 Zoning and the health, welfare and safety of the Town and its residents. Though not a residential development, The proposed lighting for the project attempts to conform to the “dark sky standards” at recommendation “B-9”. The project incorporates “green policies” through the roof top stormwater treatment plans. See recommendation “B-10”. Please explain how your proposed project is compatible to the area. The proposed use shall be compatible with the character of neighborhood, the area, the zoning district and the community surrounding the location of the proposed use and will not unduly prohibit or discourage future planned growth in the area. The applicant proposes to rehabilitate and upgrade the former Dunham’s Bay Marina for uses associated with the “Freedom Boat Club” and private dock rental uses. The existing property functioned as one of the most successful marinas on Lake George for decades before suffering a slow decline in the late 90’s and through 2018. The current family purchased the marina in 2018 and are proposing a ‘club’ atmosphere that will permit members of the marina the use of the facility. No additional uses are proposed and the existing marina has not conflicted with the neighborhood uses. Please describe all activities relation to traffic including access, circulation and parking. The proposed use shall have safe and efficient access for pedestrians and vehicles, and shall provide for appropriate off-road parking and loading areas. The interior circulation system must be adequate to provide safe accessibility to all parking spaces and ensure that adequate and safe integration of pedestrian and vehicular movement is provided. Currently parking is on-site, on the adjoining former “Dunham’s Bay Road”, as well as on a 10 acre parcel owned by the applicant within walking distance of the lakeside marina. The applicant utilizes the large Butler building to the north side of the property when parking demands increase such as weekends and holidays. To date, for the 2019 season, this need has actually been limited. The transfer of boat uses among users allows complementary flow of traffic on site. As demand increases, the applicant can use the 10 acre site for staff and some patron parking. Traffic flow is from Route 9L and has not posed any issues. SPECIAL USE PERMIT SUPPLEMENAL APPLICATION (Contd) Please describe the Infrastructure and services on site that are to be used for the project. There shall be sufficient infrastructure and services, including utilities, public facilities and services, available for the proposed use or the project shall extend or provide infrastructure and services for the area where the proposed use is located. There shall also be facilities and services implemented by the applicant to appropriately control any potential nuisances from the operation of the use, such as control of litter or trash, loitering and crime prevention, and any other features or aspects of the operation of the proposed use that may affect the public safety, health and general welfare. The applicant has already upgraded and replaced the existing septic system which was in a semi-failing state. The current system employs a 6,000 gallon holding tank that is pumped as needed. Garbage is handled on site in existing dumpsters away from neighboring lands. Describe your current and proposed site conditions as they relate to the Environment and natural features of the property. The proposed use shall be compatible with and appropriately protect environmental and natural resources, including the environmental and physical suitability of the site for development, and the general landscaping, screening and buffering shall be in character with the surrounding areas, and the risk of fire, flood or erosion and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and welfare shall be minimized to the maximum extent practicable. The lakeside parcel is small and design ability on site is limited. The applicant proposes to actually increase onsite stormwater treatment through the use of green roof top infrastructure and ground located infiltration as set forth in the plans. This is a net increase in treatment over the current situation in which there is essentially no on site treatment. Describe all anticipated long-term effects associated with the project. The proposed use shall provide positive or beneficial effects on the long-term economic stability, environmental integrity and community character of the Town and surrounding properties, districts and uses. The property upon purchasing it suffered from years of deferred maintenance. The improvements on site had not been painted or maintained in any significant manner and were allowed to deteriorate. Frankly, this posed a negative on the neighborhood. The current owners acquired the in the Fall of 2018, and immediately set forth plans to clean the property of old boats and debris, and have worked with their architects and engineers to arrive at a plan that is a significant net positive to the Dunham’s Bay area. The Freedom Boat Club model has proven a net positive in allowing the use of boats by experienced boaters. The hours of operation are complimentary to the neighborhood and pose no threat. The economic return of this property to a functioning service has benefitted the area through a return of service, gas and similar marina services. We believe this is a net benefit to the area. 239.20-1-4 * 10 Dunhams Bay Parcel Information: Parcel Location Acres Property Class School District Ward 239.20-1-4 10 Dunhams Bay 0.61 570 - Marina Lake George Csd Ward 1 Owner Information: Owner Owner Address P.O. Box Owner Address Line 3 10 Dunham's Bay Road LLC 4 Primrose Cir Saratoga Springs NY 12866 2019 Assessment Values: (Previous Assessments) Parcel Assessed Land Value Assessed Total Value Uniform %Full Market Value 239.20-1-4 757,600.00 1,357,400.00 100.0%1,357,400.00 Images: Image Date: 5/24/2019 Image Date: 7/16/2013 Image Date: 2/18/2015 Image Date: 4/12/2016 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 8/23/2018 Image Date: 3/24/2009 Image Date: 7/16/2013 Sales Information: Sale Date Sale Price Net Sale Price Book Page Sale Type Cond. Code Arms Len. Land Value TOS Tot. Value TOS Prior Owner 10- 16- 18 1,800,000.00 1,796,000.00 5833 239 Land & Building Other No 947,000.00 2,334,300.00 Dunham's Bay Boat Co.,Inc, Site Information: Site #Nbhd Code Sewer Water Utilities Site Desire Nbhd Type Nbhd Rating Road Type Entry Type Zoning Code 1 401-Comm L.G.Private Private Electric Inter Inspec WR Land Information: Site #Land #Type Front Depth Acres Sq Ft 1 1 10-Waterfront 311 85 0 0 Residential Building Information: Commercial Building Information: Site # Bldg # Section #Boeck Model Yr Built Gross Floor Bldg Perim Stories Wall A % Wall B% Wall C % 1 1 1 2 sty store steel 1958 7848 412 2 50 50 0 1 1 2 2-4 sty mfg steel 1958 6468 290 1 100 0 0 Improvements Information: Site #Struct Code Dim 1 Dim 2 SQ FT #Constr Grade Overall Cond Yr Built 1 DK2-Crib dock 0 0 2752 1 Average Normal 2014 1 BH7-Boat shelter 69 49 0 1 Average Normal 1996 Special District Information: Special District Units Taxable DB001-North Q Wastewater 1 1 0 EM001-Emergency medical 0 2334300 FP007-Fire protection 0 2334300 LB001-Crandall library dst 0 2334300 Exemption Information: Permit Information: Permit Number Permit Date Permit Use Cost Estimate 0139-2019 07-02-19 septic alt 0.00 0585-2016 09-07-16 Sign 0.00 0163-2015 07-10-14 Dock Renewed 7/11/16 200,000.00 P20140140 04-25-14 Demolition Remove roof on gas dock 0.00 P20120163 04-16-12 Demolition of Roof on south dock 0.00 P96-082 12-16-98 Rebuild boat shelter 0.00 P92-1505 07-09-92 Free standing sign 0.00 P7242 02-22-82 Reconstruct showroom 50,000.00 P6469 07-21-80 Office & Show Room 28,000.00 The information in the RPS database is maintained by the Town of Queensbury Assessors Office The information provided on this website is for GENERAL REFERENCE PURPOSES ONLY and should not be relied upon in lieu of referring to officially adopted Town Codes, Local Laws or other documents available in Town Hall. LGPC Permit 5234-48-18M1, 5220-68-18 SPT Page 5 of 8 The Queen Boat Co marina LGPC Permit 5234-48-18M1, 5220-68-18 SPT Page 6 of 8 LGPC Permit 5234-48-18M1, 5220-68-18 SPT Page 7 of 8 LGPC Permit 5234-48-18M1, 5220-68-18 SPT Page 8 of 8 Tour Boat Area of Operation