Staff Notes for 9/21/21
Town of Queensbury Planning Board
Community Development Department Staff Notes
September 21, 2021
Site Plan 47-2021 TED ARNSTEIN/DEVIL RAY WATERSPORTS
Special Use Permit 3-2021 52 Boathouse Road / WR – Waterfront Residential / Ward 1
SEQR Type II
Material Review: application site plan, special use permit, drawings, product information
Parcel History:99-457 septic alt., Permit 8409-1984, AV 886-1983 addition,
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Requested Action
Planning Board review and approval for a Class A marina for the offering of instruction for a fee of a paddle-
board type watercraft on Lake George.
Resolutions
1. PB decision
Project Description
Applicant proposes a Class A marina for the offering of instruction for a fee of a paddle-board type watercraft
on Lake George. The project includes the reuse of a 792 sq. ft. portion of the existing home – 432 sq. ft. garage
will be converted to storage for sales item and 360 sq. ft. addition converted to an office area. The project also
includes use of the u-shape dock for training and instruction for use of the device. Operations will be seasonal.
Pursuant to Chapter 179-3-040 & 179-10 of the Zoning Ordinance, reuse of an existing building and
establishing a Class A marina shall be subject to Planning Board review and approval.
Staff Comments
Location-The project is located at 52 Boathouse Road on a parcel of 1.03 acres. Property is on Lake George.
Arrangement- The property has an existing home of 1,420 sq ft foot print with an attached garage of 432 sq
ft and one bedroom of 360 sq ft.
Site Design- The applicant proposes minimal site changes for parking location and building entrance area.
Building – The project includes using the 432 sq ft garage area as storage of product and 360 sq ft space to
be converted to an office sales area.
Site conditions-There are no changes proposed to the site.
Traffic- There is parking for the customers of the eFoil and the existing home.
Grading and drainage plan, Sediment and erosion control-There is no earth work proposed for the site.
Landscape plan- The project site is located on Lake George and is subject to the shoreline buffer review.
There are no additional plantings proposed. Below are the guidelines from the shoreline buffer code section
Shoreline Buffer - Section 179-8-040
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-Minimum width 35 ft (Lake George)
-For every 700 sqft of shoreline buffer area –one large tree minimum 3 inches in diameter
-For every 350 sq ft of ground cover -7 – 24 in native shrubs; 14 herbaceous plants
Project site
-101 ft of shoreline per survey
-Shoreline buffer 101 ft X 35 ft width is 3535 sq ft
-Shoreline buffer area -3535 /700 = 5.1 round up to 6 –six large trees at 3 inch diameter
-Ground cover -3535/350 = 10.1 round up to 11 (X7) =77 native shrubs and 11 (X14) herbaceous
plants=154
Shoreline Cutting restrictions- Section 179-6-050
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Shoreline lots are allowed water access and beaches where 30% of the shoreline or maximum of 75
ft whichever is less
101 ft Shoreline X 30%= 30.3 feet of the shoreline buffer cut to allow a view, access and to reduce
runoff (such as angled across the lot).
Cross reference 179-8-040 ground cover of shrubs and herbaceous plantings are still applicable
within the 30%/75 ft cut area.
Site lighting plan-There are no changes to site lighting
Utility details-There are no changes to utilities on the site. There is an existing bathroom to be used for the
eFoil business.
Signage-The applicant has requested a waiver from the signage details. Staff would request clarification if
there is to be a sign at the driveway and size (maybe on the mailbox?)
Elevations-The submission includes a photo of the front of the building areas to be used for the business.
Floor plans-The floor plans show the location of equipment storage, office storage and office area.
Waivers-Planning staff has reviewed the applicants request for waivers that include items g. site lighting, h.
signage, j. stormwater, k. topography, l. landscaping, n traffic, o. commercial alterations/ construction
details, p floor plans, q. soil logs, r. construction/demolition disposal s. snow removal.
The waivers requested–Staff would request clarification on signs for the proposed business. The
remaining items may be considered for waiver requests as there are no site changes being proposed. All
proposed activities are using the existing facilities on the site. Pursuant to Section 179-9-050 the
Planning Board may grant waivers on its own initiative or at the written request of an applicant. The
Board is to review the waivers and to determine if they are to be granted.
General Criteria for a Special Use Permit listed below:
A. Harmony with the Comprehensive Plan
: Class A Marina is an allowed use in the Waterfront Zone through
a special use permit. The applicant has explained the operations is a training and sales business.
B. Compatibility:
The project falls under Class A Marina – there is an existing u-shaped dock. One side of the
dock is to be used for the eFoil and other is for the existing residence on site. The dock is similar to
neighboring docks.
C. Access, circulation and parking:
The project plans show the 2 parking spaces that can be used by the
homeowner and customers of eFoil. A pathway exists on the side of the building that is to be used to access the
dock from the back of the building.
D. Infrastructure and Services:
The applicant does not propose any changes to the existing conditions on the
site or the are to be used for the marina.
E. Environment and natural features
: The are no changes to the site or natural environment of the area where
the activities are proposed.
F. Long-term effects
: The applicant has indicated the Class A Marina review is under review with the LGPC.
Specific criteria for Class A marinas.
All marinas shall comply with the standards for Class A and Class B
marinas as adopted by the Lake George Park Commission in 6 NYCRR Part 646, as may be amended.
Lake George Park Commission Excerpt…..Section 646-1.2 Class A Marinas.
In addition to the requirements of other sections of this Subpart, all Class A marinas servicing the waters of
Lake George shall comply with the following:
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(a) General requirements.
(1) No person shall construct, expand, or operate a Class A marina servicing the waters of Lake George, or alter
or expand the number or type of services or recreational activities offered without obtaining a permit from the
commission, or if a permit has been issued for the subject facility, a modification to the permit for that facility
which authorizes the new or expanded services or recreational uses. Permits shall be issued for a maximum of
five years.
Applicant is working with the Park Commission for review of the proposed marina use.
(2) No permit shall be issued for the construction, operation or expansion of a quick launch facility which was
not in existence and operating, or for which no permit was issued, prior to the effective date of these
regulations.
The applicant does not propose a quick launch facility and the site does not have the means for quick
launch.
(3) Permits issued pursuant to Section 646-1.2 (a) (1) of this Title may be issued only to the owner of the
facility or in the alternative to a lessee of the facility and shall authorize activities and uses at that facility. A
permit may not be relocated to other facilities unless a permit for the different facility has been issued by the
Commission. Marina permits will be modified to reflect a sale or transfer of the facility to another owner
subject to a determination by the Commission that the facility is in accordance with the requirements of this
Subpart and permits issued in accordance with this Subpart. Lakefront marina facilities at separate locations
under common ownership shall require separate permits pursuant to Section 646-1.2 (a) (1) of this Title.
Applicant proposes to utilize only a portion of the u-shaped dock for eFoil product training for
customers.
(4) Special Permits. A special permit is a permit granted by the Commission to operate any new recreational
activity as defined in Section 646-2.4 (1) of this Title or the recreational activities or uses contained in Section
646-1.4 of this Subpart. Special permits are not transferrable to another location and shall not be leased or
transferred to another location, facility or operator.
(b) Specific Requirements: No Class A marina shall be constructed, expanded or operated without providing the
following:
(1) Restrooms, including toilet facilities, for the use by customers, which shall be available at all times from
May 1 to October 31 of each year.
The applicant proposes a restroom available in the office area.
(2) One on-site parking space or adequate off-site parking for each vessel berthed. Where the Class A marina
offers rides, instruction or water-based recreation for a fee, adequate parking must be provided for customers of
the Class A marina.
The applicant proposes 2 parking spaces for customers and 2 for landowner.
(3) An adequate storage area for trailers or the storage of trailers shall be prohibited.
The applicant does not propose the storage of trailers on the site.
(4) Where applicable, proof of compliance with New York State fire code standards and DEC bulk storage
standards for the storage of gasoline and hazardous materials. If applicable, no permit application shall be
complete until proof of compliance is submitted to the Commission.
The applicant does not propose bulk storage or the storage of gasoline or hazardous materials
(5) For each Class A marina with a petroleum sales facility, a plan relative to the inspection and maintenance of
petroleum storage facilities and all associated equipment, and appropriate measures relative to spill prevention
and countermeasures. Such plan shall include:
(i) the inspection of all plumbing and related pumping equipment, not less than daily, to guard against leakage
of petroleum products into the waters of the Park;
(ii) the training of each person pumping motor fuels in procedures to guard against the spillage of such motor
fuels into the waters of the park and procedures to respond to a spill; and
(iii) the maintenance, in close proximity to the pumping facilities, of such equipment as is necessary to respond
to any spill of petroleum products into the waters of the Park or on to land or structures where it may flow into
the waters of the Park.
i-iii…NOT APPLICABLE TO THE APPLICANTS the products are electric
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(6) Adequate garbage and debris disposal facilities with leakproof containers, which must be properly
maintained.
The applicant has indicated the garbage is located in the office area.
(7) Facilities for the disposal of sanitary wastes from vessels with on-board sanitary equipment including:
(i) on-site pump out facilities, or proven access to pump out facilities, for use by vessels which use the services
of the Class A marina; and
(ii) facilities for the disposal of waste from portable marine toilets, or proven access to such facilities, for use by
vessels which use the services of the Class A marina. Such facilities shall be designed, installed, operated and
maintained to prevent the discharge of contaminants from marine toilets to the waters of the Park or the ground
from which they may flow into the waters of the Park. For the purposes of this paragraph, vessels using the
services of the Class A marina shall include vessels which moor, dock or are quick launched by the marina.
Written proof of access to disposal facilities for a period equal to the life of the permit shall be required. Off-site
facilities must be located within a reasonable distance from the Class A marina.
i-ii…NOT APPLICABLE TO THE APPLICANTS the products are electric
(8)A boat cleaning area that is designed, operated and maintained in such a manner to prevent contamination of
the waters of the Park shall be provided, or boat cleaning shall be prohibited.
No boat cleaning is proposed on site –
(9) All Class A marina owners or operators engaged in the rental of personal watercraft (PWC) as that term is
defined in Section 646- 2.3 (a) (3) of this Title upon the waters of Lake George shall in addition to the
regulations governing PWC contained in Subpart 646-2 of this Title comply with the following regulations:
(i) The owner or operator of a PWC shall ensure that prior to operation all users of PWC have read the rules and
regulations governing their operation as contained in this Subpart, as well as Subpart 646-2 of this Title. All
users shall sign a form prepared by the owner or operator that indicates the user has read said rules and
regulations. The owner or operator shall maintain written records that the above requirements have been
complied with. The records are subject to inspection by the Commission upon reasonable notice.
(ii) If the PWC is part of a rental fleet or group of PWCs, a tour guide shall operate a vessel with the fleet or
group.
(iii) A fleet or group shall not consist of more than six (6) PWC. The tour guide shall guide the operations and
behavior of the fleet or group. The tour guide shall not be in charge of more than one (1) fleet or group at any
time.
i-iii…NOT APPLICABLE TO THE APPLICANTS – the project is for training only for customers
Summary
The applicant has completed a site plan application and special use permit for the operation of Class A Marina
that is for a electric paddle board sales and training business.
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Meeting History: 1 Meeting
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