Staff Notes_11 19 19
Town of Queensbury Planning Board
Community Development Department Staff Notes
November 19, 2019
Site Plan 63-2019 10 DUNHAM’S BAY ROAD, LLC
Special Use Permit 3-2019 10 Dunham’s Bay Road / WR – Waterfront Residential / Ward 1
SEQR Type II
Material Review: original plan set of 9/15, revised plan set of 10/14, additional plan sheets 10/29
setback elevation and site details, LGPC Permit
Parcel History:BOTH 163-2015 dock, 2014-303 docks, 96082-4747 roof over dock, SP 28-90-
19945, SP disc. 19946;
__________________________________________________________________________________________
Requested Action
Recommendation to the Zoning Board of Appeals for relief for setbacks, floor area, height, parking and
permeability.
Resolutions
1. Recommendation
Project Description
Applicant proposes to update an existing marina. Work is proposed to the main building to include work on
first floor with reconfiguration of entry and some interior changes. Second floor includes converting a portion
of the building to an open deck lounge area, updating office area and improvements to the showroom. Project
includes site work for parking, pedestrian access and stormwater. The existing buildings on the site include the
boat storage building at 6,913 sq. ft. and the marina building at 2,747 sq. ft. footprint. The existing floor area is
14,631 sq. ft. and proposed is 12,858 sq. ft. Pursuant to Chapter 179-3-040 of the Zoning Ordinance, expansion
of a nonconforming structure within a CEA and Chapter 179-10 Special Use Permit for Class A Marina shall be
Variance:
subject to Planning Board review and approval. Relief is sought for setbacks, floor area, height,
parking and permeability. Planning Board shall provide a recommendation to the Zoning Board of Appeals.
Staff Comments
Location-The project site is located at 10 Dunhams Bay Road, off of Route 9L.
Arrangement- The property associated with the main project work is 239.20-1-4 the property at the
shoreline. There is additional property referenced in the LGPC Marina Permit that is used for staff parking
and other marina usage. The applicant has indicated the Marina is to be a membership only business –boats
are stored/serviced on site and used by members.
Site Design- The project includes improvements to the access area at the docks including a retaining wall
with fencing, new lighting
Building – The existing showroom, office and restroom area will be have an interior and exterior upgrade.
The first floor interior will have a new entryway area constructed, an elevator is to be added, check
in/showroom area, restrooms, office area and mechanical space. The second floor space is improved with a
smaller showroom area, storage, 2 office areas and a majority of the spaces it be an outdoor open deck with
an interior bar service and prep area. The second floor space also has an area for the elevator access and
restrooms. The exterior of the building includes new windows, siding, lighting, doorways, exterior access
stairs to new outdoor deck.
Signage-There are two new wall signs proposed but no dimensions have been provided. The signage may
need additional review and at this time should not be considered under the review. Board should request
additional information about signage including size and signage lighting.
Site conditions-The existing parcel is mostly bordered by the Lake George shoreline and Dunham’s Bay
Road. The applicant has proposed an upgrade to the access ramp to the shoreline docking area. This
includes a new retaining wall of 2.5 ft in height and a decorative fence of 4 ft. There is a 36 ft section, a 9 ft
section, and 7 ft section. In addition new steps from newly striped area of handicap and aisle area to be
installed to access the new entry of the marina building.
Traffic- The applicant has indicated the site has 19 spaces this includes 4 spaces along the building and 15
spaces in the Butler Building. The applicant has explained to park in the Butler Building will be handled by
staff as members provide notification when arriving. The applicant has further explained that parking has
occurred on the street where the ordinance requires parking to occur on site. The project site and use
requires 46 spaces per code –a parking variance is also being requested. The information submitted from
the Lake George Marina Permit indicates the parcel across the street owned by Dunham’s Bay also is not for
members of the club and is to be used for boat storage, trailer storage, employee parking.
Grading and drainage plan, Sediment and erosion control – The plans indicate there is to be a new drywell
installed at the corner of the building with drainage from the roof to be directed to the drywell. Also, filter
socks are shown to be used during project work.
Landscape plan – The applicant has proposed additional landscaping where the percent permeable increases
from 23.7% to 23.9 %
Site lighting plan- The plans show two new double headed pole light to be installed, architectural lighting at
entry area -2 at the new window area,-2 above entry roof, -2 underneath new entryway roof area, and wall
lights. Information has been provided for the architectural lighting. Information will be needed for the wall
lights and pole lights – type, wattage/footcandle, cutsheet highlights the specifications of the lights to be
installed.
Utility details – A new septic system had been installed. Water is drawn from the lake.
Elevations - The applicant has provided drawings dated 10/14/19. The exterior of the building will updated
with new paint scheme and new siding components described as Adirondack Nautical. In addition, the
exterior improvements of the roofline is to match the existing roofline at 37 ft 2 inches.
Floor plans – The applicant has provided floor plans existing and proposed for the main floor and second
floor of the Marina building. Changes are noted above in the bullet Building.
Waivers-The applicant has not requested waivers.
Special Use Permit Criteria:
A special use permit is required as outlined in Section 179-10-070.
Harmony with the Comprehensive
Plan – The proposed project is updating an existing marina. The
comprehensive plan recognizes water as part of the townwide natural features with an environmental role and
economic role within the community. (Page 23)
[[150,2252,425,2309][12][,I,][Times New Roman]]Compatibility [[425,2252,440,2309][12][,I,][Times New Roman]] [[440,2252,465,2309][12][,,][Times New Roman]]– [[465,2252,479,2309][12][,,][Times
New Roman]] [[479,2252,819,2309][12][,,][Times New Roman]]The Marina oper [[819,2252,2413,2309][12][,,][Times New Roman]]ations is an existing facility and is to be upgraded to a membership
only. The
applicant has indicated this may be considered a less intense use of a marina operations. The existing
operations has a Lake George Marina Permit.
[[147,2425,759,2482][12][,I,][Times New Roman]]Access, circulation and park [[757,2425,823,2482][12][,I,][Times New Roman]]ing [[820,2425,845,2482][12][,,][Times New Roman]] [[845,2425,870,2482][12]
[,,][Times New Roman]]– [[869,2425,894,2482][12][,,][Times New Roman]] [[894,2425,1987,2482][12][,,][Times New Roman]]The applicant has indicated the Marina operations [[1987,2425,2413,2482][12][,,
][Times New Roman]]is not changing the
proposed parking arrangement where some parking is available on site and in the building. The applicant has
indicated some parking occurs on Dunham’s bay Road that they don’t have jurisdiction over.
[[148,2597,691,2654][12][,I,][Times New Roman]]Infrastructure and services [[691,2597,704,2654][12][,,][Times New Roman]] [[704,2597,729,2654][12][,,][Times New Roman]]– [[729,2597,742,2654][12][,,]
[Times New Roman]] [[742,2597,2414,2654][12][,,][Times New Roman]]The applicant has indicated the septic system has been replaced, refuse is placed in
dumpsters and removed as needed. The water supply is drawn from the Lake.
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[[148,207,836,264][12][,I,][Times New Roman]]Environment and natural features [[836,207,851,264][12][,,][Times New Roman]] [[851,207,876,264][12][,,][Times New Roman]]– [[876,207,891,264][12][,,][Ti
mes New Roman]] [[891,207,1082,264][12][,,][Times New Roman]]The appli [[1082,207,2413,264][12][,,][Times New Roman]]cant has included some additional stormwater devices on the site
to assist with Stormwater management.
[[148,322,255,379][12][,I,][Times New Roman]]Long [[253,322,270,379][12][,I,][Times New Roman]]- [[270,322,516,379][12][,I,][Times New Roman]]term effects [[516,322,544,379][12][,,][Times
New Roman]] [[544,322,569,379][12][,,][Times New Roman]]– [[568,322,596,379][12][,,][Times New Roman]] [[596,322,2412,379][12][,,][Times New Roman]]The applicant has indicated the
updated façade, exterior improvements and interior
improvements will be a positive impact to the community.
Special Use Permit Specific Criteria:
The applicant has an existing Class A Marina Permit from the Lake George Park Commission 5234-48-
18 and 5220-68-18 Tour Boat.
Class A Marinas
(1) The sale of marine products or services, except for such sale as part of a dry land facility which does not
quick-launch vessels or regularly service vessels berthed on the waters of Lake George;
(2) The sale, lease, rental or charter of vessels of any type;
(3) The operation of a boat launch;
(4) The offering of rides, instruction or water-based recreation for a fee;
(5) The operation of a quick-launch facility servicing the waters of Lake George regardless of the location
where the vessels are stored; or
(6) The storage, berthing or mooring of two or more motorized vessels and/or non-motorized vessels 18 feet in
length or more not registered to the owner of the property, regardless of remuneration or profit.
(a) Exceptions: NA
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. [[369,1932,2243,1989][12][,I,][Times New Roman]]Permit was issued 8/1/2019 to expire 07/31/2024. Original Permit was issued in 12/12/1994.
(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. [[395,2105,750,2162][12][,I,][Times New Roman]]No Quick Launch [[750,2105,773,2162][12][,,][Times New Roman]]
(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. [[2308,2507,2414,2564][12][,I,][Times New Roman]]New
[[150,2565,286,2622][12][,I,][Times New Roman]]Owner [[286,2565,312,2622][12][,I,][Times New Roman]]
(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. [[847,3025,1783,3082][12][,I,][Times New Roman]]Restrooms maintained as described per permit [[1783,3025,1809,3082][12][,I,][Times New Roman]]
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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. [[555,322,1250,379][12][,I,][Times New Roman]]Parking as described in the permit [[1249,322,1272,379][12][,,][Times New Roman]]
(3) An adequate storage area for trailers or the storage of trailers shall be prohibited. – [[1887,380,2414,437][12][,I,][Times New Roman]]Berthing spaces 28 docks
[[150,437,2412,494][12][,I,][Times New Roman]]no moorings, winter storage 150 with 114 indoor and 36 outdoor, rental boats 12, tour boats 1, no
[[149,495,1965,552][12][,I,][Times New Roman]]waterski/tubing/rides, no scuba instruction, no parasail, no public launch, sales/service [[1964,495,1990,552][12][,I,][Times New Roman]]–
[[1985,495,2374,552][12][,I,][Times New Roman]]yes, vessel towing [[2373,495,2400,552][12][,I,][Times New Roman]]–
[[145,552,426,609][12][,I,][Times New Roman]]yes, fuel sales [[426,552,443,609][12][,I,][Times New Roman]]- [[438,552,720,609][12][,I,][Times New Roman]]yes, pumpout [[719,552,745,609][12][,I,][Time
s New Roman]]– [[740,552,1237,609][12][,I,][Times New Roman]]yes, private boat launch [[1237,552,1254,609][12][,I,][Times New Roman]]- [[1249,552,1317,609][12][,I,][Times New Roman]]yes
[[1317,552,1343,609][12][,I,][Times New Roman]]
(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. [[1524,725,2098,782][12][,I,][Times New Roman]]Fuel sales yes, bulk permit 5 [[2098,725,2115,782][12][,I,][Times New
Roman]]- [[2115,725,2266,782][12][,I,][Times New Roman]]490237 [[2265,725,2288,782][12][,,][Times New Roman]]
(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: [[1085,897,1660,954][12][,I,][Times New Roman]]Fuel sales yes, bulk permit 5 [[1660,897,1677,954][12][,I,][Times New Roman]]- [[1677,897,1828,954][12][,I
,][Times New Roman]]490237 [[1826,897,1849,954][12][,,][Times New Roman]]
(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.
(6) Adequate garbage and debris disposal facilities with leakproof containers, which must be properly
maintained. [[395,1415,1345,1472][12][,I,][Times New Roman]]Refuse placed in dumpsters removed as needed [[1342,1415,1368,1472][12][,I,][Times New Roman]]
(7) Facilities for the disposal of sanitary wastes from vessels with on-board sanitary equipment including:
[[148,1530,524,1587][12][,I,][Times New Roman]]Pumpout provided [[521,1530,544,1587][12][,,][Times New Roman]]
(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.
(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. [[1697,2162,2079,2219][12][,I,][Times New Roman]]Provide per permit
(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: [[2325,2335,2413,2392][12][,I,][Times New Roman]]Not
[[147,2392,367,2449][12][,I,][Times New Roman]]Applicable [[367,2392,393,2449][12][,I,][Times New Roman]]
(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.
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Nature of Variance
The applicant requests relief from the requirements for parking, shoreline setback, property setbacks and height.
The parking relief is for 46 spaces required and 19 spaces on site with 15 spaces only accessible with staff
assistance. The shoreline setback is for the updated shoreline second story from an enclosed space to an open
deck where the setback is 7 ft 1 in over the existing shoreline setback where a 50 ft setback is required. In
addition shoreline setbacks from the an overhang roofline at the second floor is to be 6 ft 3 in , then the
uppermost portion of the new overhang roofline is to be 7 ft 5 inches from the shoreline where a 50 ft setback is
required. The front setback is for the new entryway addition where existing is 2.9 ft and proposed is 3.6 ft
where a 30 ft setback is required. Relief is also requested for the uppermost new roofline where it is to match
the existing roofline at 37 ft 2 in where a 28 ft height is the maximum is allowed.
Floor area relief is not requested as it has been reduced but the remaining is still over the 22% allowed. The
existing floor area is 14,631 sq ft and the proposed removes 1,773 sq ft for a total of 12,858 sq ft to be left. The
percentage existing is 72%, proposed is 64% and maximum allowed is 4,448.4
Summary
The planning board is to provide a recommendation to the ZBA in regards to the relief requested for parking
shoreline setback and property line setback. Noting permeability and Floor area are improving but are still non-
compliant.
st
Meeting History: 1 meeting;
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