Resolution SP PZ 223-2016 SUP PZ 224-2016 Fort Miller_5 29 19Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION – Grant Site Plan Approval
Site Plan PZ 223-2016 & Special Use Permit PZ 224-2016 The Fort Miller Company, Inc.
Tax Map ID: 279.-1-59.2, -72, -73, -48 / Property Address: 39 Dream Lake Rd. & Rt. 9L / Zoning: RR5A
The applicant proposes to construct an access road from the existing sand & gravel operations to State Route 9L. The project includes future sand & gravel operations. The sand & gravel
operations have been reviewed by NYSDEC – documentation has been included as part of submission. Applicant requests waiver from 1,000 ft. to a residence for operations of the sand
& gravel removal. Pursuant to Chapter 179-10-060 & 179-3-040 of the Zoning Ordinance, commercial sand, gravel and topsoil extraction in an RR5 zone shall be subject to Planning Board
review and approval.
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-9-080, the Planning Board has determined that this proposal satisfies the requirements as stated in the
Zoning Code;
Pursuant to relevant sections of the Town of Queensbury Zoning Code-Chapter 179-10-060 and 179-10-070 (G), the Planning Board has determined that this proposal satisfies the requirements
as stated in the Zoning Code;
As required by General Municipal Law Section 239-m the site plan application was referred to the Warren County Planning Department for its recommendation;
The New York State DEC is Lead Agency for State Environmental Quality Review Act (SEQR) designated as Type I project by NYSDEC. NYS DEC issued a negative declaration on 01/19/2018.
No further SEQR review is required by the Planning Board;
The Planning Board opened a public hearing on the Site plan application on 10/18/2016 and continued the public hearing to 05/21/2019, when it was closed,
The Planning Board has reviewed the application materials submitted by the applicant and all comments made at the public hearing and submitted in writing through and including 05/21/2019;
The Planning Board determines that the application complies with the review considerations and standards set forth in Article 9 of the Zoning Ordinance for Site Plan approval and Article
10 of the Zoning Ordinance for Special Use Permits,
MOTION TO APPROVE SITE PLAN PZ223-2016 & SPECIAL USE PERMIT PZ224-2016 THE FORT MILLER COMPANY, INC.; Introduced by David Deeb who moved for its adoption.
According to the draft resolution prepared by Staff with the following conditions:
Waivers requested granted –sand and gravel operations to occur 1,000 feet (horizontal distance) from any existing residence (to be less than 1,000 feet), g. lighting, h. signage, o.
new constructions/alterations, p. floor plans, r. construction waste, and s. snow removal locations,
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2. Adherence to the items outlined in the follow-up letter sent with this resolution.
The limits of clearing will constitute a no-cut buffer zone, orange construction fencing shall be installed around these areas and field verified by Community Development
staff;
If applicable, the Sanitary Sewer connection plan must be submitted to the Wastewater Department for its review, approval, permitting and inspection;
If curb cuts are being added or changed a driveway permit is required. A building permit will not be issued until the approved driveway permit has been provided to the Planning Office;
If application was referred to engineering then Engineering sign-off required prior to signature of Zoning Administrator of the approved plans;
If applicable, Final Approved Plans should have dimensions and setbacks noted on the site plan/survey, floor plans and elevation for the existing rooms and proposed rooms in the building
and site improvements;-
If required, the applicant must submit a copy of the following to the Town:
The project NOI (Notice of Intent) for coverage under the current "NYSDEC SPDES General Permit from Construction Activity" prior to the start of any site work.
The project NOT (Notice of Termination) upon completion of the project;
The applicant must maintain on their project site, for review by staff:
The approved final plans that have been stamped by the Town Zoning Administrator. These plans must include the project SWPPP (Storm Water Pollution Prevention Plan) when such a plan
was prepared and approved;
The project NOI and proof of coverage under the current NYSDEC SPDES General Permit, or an individual SPDES permit issued for the project if required.
Final approved plans, in compliance with the Site Plan, must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building and
Codes personnel;
The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the beginning of any site work;
Subsequent issuance of further permits, including building permits is dependent on compliance with this and all other conditions of this resolution;
As-built plans to certify that the site plan is developed according to the approved plans to be provided prior to issuance of the certificate of occupancy,
Sand & Gravel operations Buffer to be 350 ft. from the nearest residence (parcel 279.-1-72) and 295 ft. to the new access road (parcel 279-1-48) – the buffer of 350 ft. and 295 ft. to
be placed on the final plans,
Applicant to create a buffer similar to a Type B buffer on applicant properties per “Section 179-8-070”Description of Buffers Town of Queensbury Code (20 ft. width, 3 trees per 100 linear
feet, minus perennials, shrubs and lawn area) at the edge of the affected area specifically at the 295 ft. and 350 ft. denoted buffer line for a visual and sound buffer when sand &
gravel operations occur in affected area. This buffer area will be installed once the excavation limits are within 100 ft. of the 350 ft. and 295 ft. mark respectively, or the applicant’s
NYSDEC Permit shall be amended to include the buffer requirements set forth immediately above.
Applicant agrees no further removal of materials or trees or vegetation beyond the existing tree line of Dream Lake Road and Bear Brook Road along the West property line of parcel 279.-1-73
to be placed on the final plans,
Compliance with all provisions and conditions of the Town Board Resolution #104-2019,
Access Road design to be submitted for engineering review and signoff for stormwater management,
The Special Use Permit Application granted is a permanent special use permit,
This resolution is to be placed in its entirety on the final plans
Seconded by Chris Hunsinger. Duly adopted this 29th day of May, 2019 by the following vote:
AYES: Mr. Deeb, Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Dixon, Mr. Valentine, Mr. Traver
NOES: NONE
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