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