Staff Notes for 3/15/2022
Town of Queensbury Planning Board
Community Development Department Staff Notes
March 15, 2022
Site Plan 18-2022 HARRIS BAY YACHT CLUB
Special Use Permit 1-2022 2712 State Route 9L/ Waterfront Residential, Land Conservation/ Ward 1
SEQR Type II
Material Review: site plan, special use permit- marina, site plan, elevations, lighting, safety
Parcel History:SP 24-91, SV 112-1993, UV 111-1993, AV 11-2022
__________________________________________________________________________________________
Requested Action
Recommendation to the Zoning Board of Appeals
Resolutions
1. Recommendation
Project Description
Applicant proposes to remove and replace the cashier building of 109 sq ft and the storage building of 209 sq ft
located on Dock C. The existing club house of 3,172 sq ft has no improvements proposed and will remain the
same. The project includes replacing the floating dock system, including 271 seasonal berthing slips for
members, winter storage for up to 300 vessels, sales and service of marine products, fuel sales, and onsite pump
out services. The project also includes replacing existing steel piles with driven PVC reinforces piles and
replacing the existing concrete pads at the shoreline. New lines for water, sewer and electric will be installed as
part of the project. Upgrades will include fire safety and lighting on the docking system. Pursuant to chapter
179-3-040, 179-10-070, 179-5-060, site plan for work at the marina, special use permit for marina operations,
and hard surfacing within 50 feet of the shoreline shall be subject to Planning Board review and approval.
Variance: Relief is sought for setbacks.
Staff Comments
Location-The project is located at 2712 State Route 9 L on a 17.16 ac parcel.
Arrangement- There are no changes to the building locations or the floating dock system. The board only
has purview over the hard surfacing and the 209 sq ft storage building.
Building –The storage building of 209 sq ft is and located at the shores edge. The current building is not in
good shape and instead of a repair the applicant is replacing it in kind.
Site conditions-The site is an existing marina with the main marina building, a storage building at the shore,
a cashier building on the docks, The concrete landing areas for each of the docks is to be replaced in the
same location at the shoreline (5 concrete pads)
Traffic- There are no changes to the parking arrangement or site access. The current marina permit
indicates 281 parking spaces. There are no changes to the parking arrangements.
Grading and drainage plan, Sediment and erosion control-The applicant has indicated erosion and sediment
control measures will be implemented around the concrete landing pads during construction.
Landscape plan-The applicant has indicated there are no changes.
Site lighting plan-The plans show lights on the outside of the storage building doors.
Utility details-There is to be replacement for new buried water, sewer and electric utilities. The plans also
show location for the installation of car charging station area.
Signage-There are no changes to the signage for the site.
Elevations-The elevation plans show the storage building to have a single door and an overhead door. The
structure is to have two wall light units and the exterior to be consistent with the main building.
Floor plans- Floor plans were no provided and could be considered a waiver as no building on the site is
changing in footprint or use.
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 finds it reasonable to request a waiver as these items are typically
associated with commercial projects.
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.
Special Use Permit Criteria:
A special use permit is required as outlined in Section 179-10-070.
Harmony with the Comprehensive Plan [[1044,1031,1070,1088][12][,I,][Times New Roman]]– [[1070,1031,1086,1088][12][,I,][Times New Roman]] [[1086,1031,2413,1088][12][,I,][Times New Roman]]There
are no changes proposed to the site other than upgrading
[[225,1088,299,1145][12][,I,][Times New Roman]]the [[299,1088,2098,1145][12][,I,][Times New Roman]]existing dock in kind as well as the cashier building, storage building, concrete
dock pads [[2098,1088,2124,1145][12][,I,][Times New Roman]]
Compatibility – [[576,1149,2413,1206][12][,I,][Times New Roman]]The project site is located in the Waterfront residential Zone which allows Marina’s
[[225,1206,529,1263][12][,I,][Times New Roman]]through review [[529,1206,552,1263][12][,,][Times New Roman]]
Access, circulation and parking – [[970,1268,1302,1325][12][,I,][Times New Roman]]There are no c [[1302,1268,2412,1325][12][,I,][Times New Roman]]hanges to the traffic, parking arrangements
on the
[[221,1325,608,1382][12][,I,][Times New Roman]]Marina’s property. [[608,1325,634,1382][12][,I,][Times New Roman]]
Infrastructure and services-[[796,1387,2412,1444][12][,I,][Times New Roman]]The applicant proposes upgrading the underground utilities as part of the
[[218,1444,379,1501][12][,I,][Times New Roman]]project. [[379,1444,402,1501][12][,,][Times New Roman]]
Environment and natural features- There are no changes to the layout of the dock arrangement. The existing
elements of the Marina –ie docks, storage, and utilities are being improved with intent to make it safer for
the environment.
Long-term effects – The improvements to the marina will have a positive long-term effect that will be
beneficial to the marina with users and adjoining properties.
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:
(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.
The applicant has an existing Class A Marina Permit, Permit # 5234-45-17. The applicant has indicated
the Park Commission may not request a new or revised permit.
(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 facility does not allow a quick launch facility.
(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
- 2 -
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.
The applicant has indicated the facility has been owned since 1983
(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 has indicated on site rest rooms are available when the marina is open
(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 has indicated the parking arrangement on the site is not altered and is to remain the same.
(3) An adequate storage area for trailers or the storage of trailers shall be prohibited.
The applicant has indicated the site has adequate storage for trailers.
(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 has indicated there is an existing DEC Petroleum Bulk Storage Permit. The plans for the
existing and replacement are in accordance with NY Fire Codes.
(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…The applicant has indicated a spill prevention plan is in place at the facility
(6) Adequate garbage and debris disposal facilities with leak proof containers, which must be properly
maintained.
The applicant has indicated the garbage containers are located onsite.
(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…The applicant has indicated there is an existing sanitary vacuum pump out system that is to remain
– and is pumped out a on regular basis.
- 3 -
(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.
Boat cleaning and swimming are prohibited at the marina
(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 No PWC are rented at the marina.
Nature of Variance
The applicant proposes to replace the storage building, being the same size and in the same location, that is to
be located 0 ft from the shoreline where a 50 ft shoreline setback is required.
Summary
The Planning Board is to provide a recommendation to the ZBA the relief requested for setbacks and expansion
of a non-conforming structure.
st
Meeting History: 1 Meeting
- 4 -