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Staff Notes Department of Community Development Queensbury Planning Board Staff Notes January 17, 2012 APPLICATION: Site Plan 1-2012/Special Use Permit 11-2012/Area Variance 1-2012 APPLICANT: William Threw Recommendation to the Zoning Board of Appeals concerning the REQUESTED ACTION: relief requested in the variance application as well as the potential impacts of this project on the neighborhood and surrounding community LOCATION: 375 Big Bay Road & off Eagan Road EXISTING ZONING: CLI-Commercial Light Industrial SEQRA STATUS: Unlisted WARREN CO. PLANNING: 1/11/2012 ENGINEERING REVIEW: 1/13/2012 PARCEL HISTORY: AV 1-12: Setback relief and lot size Pending AV 2-12: Permeability relief Pending SP 2-12: Pending NOA 3-10: Threw for Jerry Hunt-Appellant is appealing the Zoning Administrator's determination regarding "junkyard use" on the parcel Resolution date 5/16/2010 BP 10-360: Hunt's Towing-CO only-Personal Occupancy only. SP 80-90: Inside storage of equipment Approved 12/27/90 SP 67-89: 40 x 64 addition to existing storage building Approved 10/24/89 BP 07-753: Adirondack Truck Repair Approved 1/25/08 BP 07-246: 16 sq. ft. freestanding Sign-Morehouse Truck & Equipment Repair Issued 9/21/07 BP 07-229: C/O Morehouse Truck/Equip. Repair Issued 6/4/07 BP 00-631: 9600 sq. ft. commercial bldg. BP 96-720: 1408 sq. ft. commercial addition (office) Issued 3/31/97 BP 89-410: Storage shed PROJECT DESCRIPTION: Proposal calls for a boundary line adjustment between the northern and southern lots as well as combining the northern lot with existing western lot in order to promote site compliance and separate ownership; resulting combined lot size to be 9.18 acres. Further, applicant proposes a 9,600 sq. ft. warehouse, relocated 4,500 sq. ft. Quonset hut, sawmill and firewood operation, and equipment storage yard. STAFF COMMENTS: The sawmill and firewood operation are reviewed under the auspices of a Special Use Permit and will require the same level of review as Site Plan Review with the General Criteria for the following to be applied by the Planning Board as per §179-10-060: 1.Harmony with the Comprehensive Plan 2.Compatibility 3.Access, circulation and parking 4.Infrastructure and Services 5.Environment and natural features 6.Long-term effects Note: Sawmills are allowable on lots of 100 acres or greater as per §179-10-070W. Please see attached description for the General Criteria for this project. Per code a Special Use Permit will require one of the following terms of validity: Permanent, Temporary, or Renewable. Nature of Area Variance: Parcel will require area variances as follows: 1.Lot size - request for 90.82 acres of relief from the 100 acre requirement as per §179-10- 070W. 2.Side setback –request for 3.6 feet of relief from the 30 foot requirement for the existing pole barn associated with the firewood operation. Soils: The majority of soils are Oakville loamy fine sand, 0-3 percent slopes (OaA). According to the Soil Survey of Warren County, these soils are well drained and have a low potential for runoff. Seasonal high water table is in excess of 6 feet. Site Plan Review: Page S-1 1.No immediate issues Page S-2 1.Shared driveways, cross-access driveways, and interconnected parking constructed to provide access to the property shall be recorded as an easement and shall constitute a covenant running with the land. Operating and maintenance agreements for these facilities shall be recorded with the deed. The Planning Board, as a condition of approval, direct the applicant to provide deed language per above and have language reviewed and approved by Town Counsel. 2.Site visit indicates a different type of equipment storage yard fencing to be installed. Please clarify type of fencing to be used. 3.Fifty (50) foot type C buffer required between Commercial Use and Residential Use. Buffer requirements as per §179-8-070 of Town Code. 4.Log storage area for saw mill and firewood operation should be denoted on plan. 5.Noise evaluation associated with both the sawmill and firewood operation should be submitted. 6.Locations for trailer storage should be denoted on plan to include amount and provision for future storage. 7.Landscaping requirements apply to project as per §179-8-010. - 2 - Page S-3 1.No immediate issues Page S-4 1.No immediate issues Additional Comments: 1. Letter from Town Counsel dated January 5, 2012 concerning the Junkyard use associated with the parcel attached. 2. Fire Marshal comments attached. Application Protocol 1/17/12 PB recommendation to ZBA 1/18/12 ZBA Review 1/24/12 PB review Special Use Permit General Criteria Before issuing any special use permit, the Planning Board shall consider the public health, safety and general welfare as well as potential environmental impacts. A special use permit shall not be granted until the Planning Board finds that the following criteria have been met: A. Harmony with Comprehensive Plan. The proposed use shall be in harmony with and promote the general purposes and intent of the Comprehensive Plan, and this chapter and the health, welfare and safety of the Town and its residents. B. Compatibility. 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. C. 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. D. Infrastructure and services. 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. E. Environment and natural features. 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. F. Long-term effects. 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. - 3 -