Minutes AV 11-2022 (Harris Bay Yacht Club) 3.16.22(Queensbury ZBA Meeting 03/16/2022)
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AREA VARIANCE NO. 11-2022 SEQRA TYPE TYPE II HARRIS BAY YACHT CLUB AGENT(S)
SRA ENGINEERS, ERIK SANDBLOM PE OWNER(S) HARRIS BAY YACHT CLUB ZONING
SPLIT (WR & LC-42) LOCATION 2712 STATE ROUTE 9 APPLICANT PROPOSES TO REMOVE
AND REPLACE THE CASHIER BUILDING OF 109 SQ. FT. AND THE STORAGE BUILDING OF
200 SQ. FT. LOCATED ON DOCK C. THE EXISTING CLUB HOUSE OF 3,172 SQ. FT. IS TO
REMAIN THE SAME WITH NO IMPROVEMENTS. THE PROJECT INCLUDES REPLACING
THE FLOATING DOCK SYSTEM WHICH INCLUDES 271 SEASONAL BERTHING SLIPS TO
MEMBERS, WINTER STORAGE UP TO 300 VESSELS, SALES AND SERVICE OF MARINE
PRODUCTS, FUEL SALES AND ON-SITE PUMP-OUT SERVICES. THE PROJECT ALSO
INCLUDES REPLACING EXISTING STEEL PILES WITH DRIVEN PVC REINFORCED PILES,
REPLACING EXISTING CONCRETE PADS AT SHORELINE. NEW LINES FOR WATER,
SEWER AND ELECTRIC TO BE INSTALLED AS PART OF PROJECT. UPGRADES INCLUDE
FIRE SAFETY AND LIGHTING ON THE DOCKING SYSTEM. SITE PLAN FOR SITE WORK AT
MARINA AND HARD SURFACING WITHIN 50 FT. OF THE SHORELINE. MARINA
OPERATIONS SUBJECT TO A SPECIAL USE PERMIT. RELIEF FOR SETBACKS OF
STRUCTURES BEING REPLACED. CROSS REF SP 18-2022; SUP 1-2022 WARREN COUNTY
PLANNING MARCH 2022 ADIRONDACK PARK AGENCY ALD LOT SIZE 17.16 ACRES TAX
MAP NO. 240.-1-23.1 SECTION 179-3-040; 179-10-070; 179-5-060
ERIK SANDBLOM, REPRESENTING APPLICANT, PRESENT
STAFF INPUT
Notes from Staff, Area Variance No. 11-2022, Harris Bay Yacht Club, Meeting Date: March 16, 2022
“Project Location: 2712 State Route 9 Description of Proposed Project: Applicant proposes to remove
and replace the cashier building of 109 sq. ft. and the storage building of 200 sq. ft. located on Dock C. the
existing club house of 3,172 sq. ft. is to remain the same with no improvements. The project includes
replacing the floating dock system which includes 271 seasonal berthing slips to members, winter storage
up to 300 vessels, sales and service of marine products, fuel sales and on-site pump-out services. The project
also includes replacing existing steel piles with driven PVC reinforced piles, replace existing concrete pads
at shoreline. New lines for water, sewer and electric to be installed as part of project. Upgrades include fire
safety and lighting on the docking system. Site plan for site work at Marina and hard surfacing within 50
ft. of the shoreline. Marina operations subject to a Special Use Permit. Relief for setbacks of structures
being replaced.
Relief Required:
The applicant requests relief for setbacks of structures being replaced. The project site is in the Waterfront
Residential zone WR and is a lot of 7 plus acres for the shoreline side – the total parcel is 17.16 ac.
Section 179-3-040 dimensional.
The storage building is 0 ft. from the shoreline where a 50 ft. setback is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of this area variance. Minor to
no impacts to the neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for
the applicant to pursue, other than an area variance. Feasible alternatives may be limited due
to the location of the existing storage building and the arrangement of the marina operations on
the site.
3. Whether the requested area variance is substantial. The relief requested may be considered
substantial relevant to the code. The storage building is 0 ft. from the shoreline where a 50 ft.
setback is required. The applicant has explained the building is a replacement in -kind.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to
have minimal impact to the physical or environmental conditions in the neighborhood or district.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
(Queensbury ZBA Meeting 03/16/2022)
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The applicant proposes to replace a storage building of 200 sq. ft. in the same location at the shoreline. The
plans show the location and elevation views of the storage building.”
MR. URRICO-The Planning Board based on its limited review did not identify any significant adverse
impacts that cannot be mitigated with the current project proposal. However, they had a conversation
regarding eliminating the zero foot setback. Anyway, the motion was adopted March 15 th, 2022 by a
unanimous seven zero vote.
MR. SANDBLOM-Thank you. I’m Erik Sandblom from SRA Engineers, representing Harris Bay Yacht
Club, and as was described, this was a complete, pretty comprehensive dock replacement project.
Essentially the floating docks and the anchoring piles are going to be completely replaced and as a part of
the project is also a plan to replace two of the buildings. They’re both very small buildings. One’s a storage
building right at the shoreline. As described it is located right on the beginning of the middle dock here,
we call Dock C, right here. It’s that rectangle right there, and that is actually used, it houses the electrical
panels for the electrical systems that are out on each dock system. That will be created, too, so that each
dock will have a panel of its own. So the electrical equipment is going to be removed from that shed and
it’ll be for use as just a shed. The focus on this project has been to replace in kind. There really was no
desire to make any significant changes whatsoever, just update the materials, replace the docks and the
piles with corrosion resistant and non-decay material that’s resistant to decaying, and so the proposal has
always been just to replace it in kind . There was a comment last night about, has any consideration been
made to see if you could make that shed further from the shoreline. The answer quite frankly was no, but
we have, at the Planning Board’s request, considered that much further to determine if here is a potential
to bring it back. For one thing, there’s no way to completely eliminate the request. The 50 foot setback,
it’s just not possible to meet that on this site. It’s a pretty narrow site, and just to give it some perspective
as to what’s here, this is a buried gasoline storage tank that fuel is delivered out to a pump on the end of
the dock. There’s also a below ground diesel tank right here for the few boats that require diesel fuel, and
then that fuel is delivered right here. So really that diesel tank needs to remain in that vicinity, and so to
move the shed back could cause some problems with that. There are also, really what it comes down to
is, in my discussions with the operators and the owners of the facility, every square inch is absolutely
precious at this site, and to move that shed further from the shoreline is really just going to reduce that
square footage that’s available to them and just create a dead space between the building and the shoreline.
Other considerations are that this is the area where, I’m sorry, this ramp right here in this area right here
is where boats are launched and removed seasonally and there’s a crane that is used to operate there t hat
has just enough room to make it work as it is, and in speaking with the chef of maintenance and operations,
they couldn’t find a way to put that building in a different place to make that operation still work
successfully, and the other thing I will say is there’s a seawall right here now that would remain even if
that building were set back. So by, you know, there would be no improvement to the shoreline by moving
the building. So to follow up on the Planning Board’s request to consider whether or not that shed can be
moved a little bit further from the shoreline, really the answer is not in a feasible way. And I can also talk
about the floating building which is a negative 300 something setback, but I also, we submitted the
application with both buildings in mind, but I understand that perhaps it’s not within the Town’s purview
to review the floating building, but nonetheless it is being replaced completely in kind and the dock
manufacturer is going to great pains to make sure it’s going to be in the same spot exactly.
MR. UNDERWOOD-So all your dock replacement, that’s a Park Commission issue as far as the permitting
for all that?
MR. SANDBLOM-It is, and just this week we received a letter from the Lake George Park Commission
indicating that the project as proposed does not require an amendment to the existing permit that they
hold.
MR. UNDERWOOD-Your pump out for the septic from the boats, where does that go to? Is that a holding
tank?
MR. SANDBLOM-That goes to a holding tank that is behind the Clubhouse and then that’s pumped off
site and brought to a municipal plant, yes. And all of that infrastructure is being replaced. There’s a
sumption pipe. The existing HDPE coupled pipes are all being replaced with fusion welded HDPE and
pressure tested prior to use. Obviously it wouldn’t work for a vacuum system but the water pipes are all
being replaced the same. All the electrical is being replaced, and the gasoline lines out on the docks
themselves are being replaced with double-walled and secondary containing systems.
MR. UNDERWOOD-Do you have water systems for replacing water from boats? Do you have fresh water
supply?
MR. SANDBLOM-Yes, there will be hydrants throughout the dock that have freshwater connections.
There’s a drilled well on site and that supplies the water to the system and there is a distribution network
there now. That’s all being replaced.
(Queensbury ZBA Meeting 03/16/2022)
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MR. UNDERWOOD-Okay. Do Board members have any questions at this time?
MR. MC DEVITT-I just have two. The electrical, the main service panels that are currently in there that
are being moved, where are they going to?
MR. SANDBLOM-They’re going to go to a panel at the foot of each dock if you will.
MR. MC DEVITT-Okay.
MR. SANDBLOM-So the drawing shows, it’s really hard to see at this resolution, so each one of these docks
has a concrete pad there now which is going to be replaced, and one of the reasons for the replacement,
we’re sending utilities through that pad and then right adjacent to that pad there will be a panel.
MR. MC DEVITT-So it will be on a pedestal.
MR. SANDBLOM-It will be on a pedestal essentially.
MR. MC DEVITT-Okay. It makes sense. And, walk me through one more time, Erik, if you would. There’s
a seawall there that you indicated, and you were making a point that by I guess moving that shed that
really you weren’t accomplishing. What were you referencing when you brought up that seawall again?
I kind of lost that.
MR. SANDBLOM-So the building, basically they’re kind of integral right here. This seawall extends to
this corner. The building’s right on top of that. So what would happen is if the building could be relocated
away from the shoreline that wall would essentially remain. It needs to remain there for this dock r ight
here, and also this dock right here, it attaches to that wall. That’s how it connects to the land and how it
keeps from floating away. Did that answer your question?
MR. MC DEVITT-That does. I just, I kind of thought I got it, but now I 100% get it. So thank you. I
appreciate that.
MR. UNDERWOOD-Any other questions from Board members? All right, I guess at this point I’ll open
the public hearing. Anybody from the public wishing to speak on the matter? Any letters, Roy?
PUBLIC HEARING OPENED
MR. URRICO-There’s no letters, but I want to point out that this is 2712 State Route 9L, not Route 9.
MR. UNDERWOOD-Okay. All right. At this time if you have nothing more to add I guess I’ll poll the
Board. Roy, do you want to start first?
MR. URRICO-Yes, I know this looks tough on the outset, but I really understand the situation and I think
they’re dealing with it the best way they can. So I would be in favor of it.
MR. UNDERWOOD-Cathy?
MRS. HAMLIN-Yes, it’s an existing use and a kind of unique use and you know best what the needs are.
So I would go ahead and approve the variances.
MR. HENKEL-I know definitely that building needs to be replaced. It’s in rough shape. So would be
positive.
MR. MC DEVITT-It’s a tight piece of property and you’re working wo maximize your footprint. It’s well
thought out. I’m in favor of it. I actually see some of the things that are being done here as being net
positives for everything. So I’m totally in favor of the project.
MR. STARK-I guess I’ll just echo what all my fellow Board members are saying. It seems like a necessity.
It’s an improvement. I’m in favor of it.
MR. UNDERWOOD-And I, too, will approve your project. I think moving the building doesn’t make
much sense. It’s been there forever and leaving it where it is isn’t going to change anything. If you moved
it 20 feet away it’s just going to make it more inconvenient rather than just having it right on the
waterfront. So I guess I’ll ask somebody to make a motion.
MR. DWYRE-Mr. Chairman, would you like to close the public hearing?
MR. UNDERWOOD-I’ll close the public hearing.
PUBLIC HEARING CLOSED
(Queensbury ZBA Meeting 03/16/2022)
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The Zoning Board of Appeals of the Town of Queensbury has received an application from Harris Bay
Yacht Club. Applicant proposes to remove and replace the cashier building of 109 sq. ft. and the storage
building of 200 sq. ft. located on Dock C. The existing club house of 3,172 sq. ft. is to remain the same with
no improvements. The project includes replacing the floating dock system which includes 271 seasonal
berthing slips to members, winter storage up to 300 vessels, sales and service of marine products, fuel sales
and on-site pump-out services. The project also includes replacing existing steel piles with driven PVC
reinforced piles, replace existing concrete pads at shoreline. New lines for water, sewer and electric to be
installed as part of project. Upgrades include fire safety and lighting on the docking system. Site plan for
site work at Marina and hard surfacing within 50 ft. of the shoreline. Marina operations subject to a Special
Use Permit. Relief for setbacks of structures being replaced.
Relief Required:
The applicant requests relief for setbacks of structures being replaced. The project site is in the Waterfront
Residential zone WR and is a lot of 7 plus acres for the shoreline side – the total parcel is 17.16 ac.
Section 179-3-040 dimensional.
The storage building is 0 ft. from the shoreline where a 50 ft. setback is required.
SEQR Type II – no further review required;
A public hearing was advertised and held on Wednesday, March 16, 2022.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter
267 of NYS Town Law and after discussion and deliberation, we find as follows:
1. There is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because the building will be re-created exactly where it currently exists.
2. Feasible alternatives were considered by the Board. You could move the building back, but it’s for
the convenience of the operation of the marina that we leave it where it is.
3. The requested variance is substantial, but the building, as was noted, has been there for quite some
time and has not proved to be a detriment so far.
4. There is not an adverse impact on the physical or environmental conditions in the neighborhood
or district. The marina will be re-done and will be a benefit to the community.
5. The alleged difficulty is self-created because of where the building currently exists.
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance
would outweigh (approval) the resulting detriment to the health, safety and welfare of the
neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE AREA VARIANCE NO.
11-2022 HARRIS BAY YACHT CLUB, Introduced by James Underwood, who moved for its adoption,
seconded by Brent McDevitt:
Duly adopted this 16th Day of March 2022 by the following vote:
AYES: Mrs. Hamlin, Mr. Stark, Mr. Henkel, Mr. Urrico, Mr. McDevitt, Mr. Underwood
NOES: NONE
ABSENT: Mr. McCabe
MR. SANDBLOM-Thank you.