Staff Notes Town of Queensbury Planning Board
Community Development Department Staff Notes
October 15, 2013
Application: SUP 56-2013 SEORA Unlisted
Applicant: JD Marina Referrals: Warren Co. Planning
Location: 2585 State Route 9L Town Engineer
Zoning: WR-Waterfront Residential
REQUESTED ACTION: Commercial boat sales/ service/storage uses in the WR zone requires
Special Permit Use review by the Planning Board
PARCEL HISTORY: SUP 14-08: Outdoor boat and equipment storage 6-24-08
NOA 5-06: Appealing ZA determination in a letter dated June 15, 2006 in
regards to expansion to the storage use on the property. Proposed use
would be for enclosed boat and RV (and other vehicle) storage. The
storage of vehicles is not an allowed use and the introduction of an
additional storage use or the expansion of a pre-existing, nonconforming
use will require a Use Variance 8-16-06
SUP 47-06: Discussion Item 9-18-07
PROJECT DESCRIPTION: Special Use Permit: Applicant proposes commercial boat and associated
equipment storage. Project includes indoor storage in an existing building and outdoor storage. Commercial
boat sales/service/storage uses in the WR zone require Special Use Permit review by the Planning Board.
MATERIAL REVIEW:
Cover Letter
Index
Application
6-24-08 PB resolution
S.tor mwater Management info prepared by Schoder Rivers Associates
Technical Memo prepared by Quantitative Environmental Analysis
STAFF COMMENTS:
The applicant proposes to operate a Commercial Boat storage area on an 11.15 acre parcel. The boats to be
stored include 8 inside the garage and 76 outside. The applicant previously had a special use permit for 200
boats that has since expired and the applicant has explained the storage numbers were arrived at with the Park
Commission's review of the project. The applicant has submitted plans show the location of the storage,
stormwater management for the site, and existing conditions for landscaping with paved areas. Additional
information includes photos and a summary of the wetlands review of the site.
Review will follow the Criteria for a Special Use Permit listed below:
1. Harmony with the Comprehensive Plan: Commercial Boat Storage is an allowed use in the Waterfront
Zone through a special use permit.
2. Compatibility: The Boat Storage facility site is nearby to Lake George and is located amongst single
family dwellings, vacant land, and a commercial property. The parcel is located near an APA
designated wetlands, in the Lake George Park Commission review area and is within the Critical
Environmental Area.
3. Access, circulation and parking: The Boat Storage Facility is only accessible to employees for
Castaway marina there is no access to the site by the general public. Employees transport boats to and
from the facility with storage primarily occurring in the fall. During the spring transportation of the
boats will occur to bring them to lake.
4. Infrastructure and Services: The Boat Storage Facility is not open to the public so trash and other
nuisances are not occurring on the site.
5. Environment and natural features: The Boat Storage Facility plans have been worked out with the Lake
George Park Commission and it has been determined 76 boats may be stored outside and 8 boats inside.
The site design has addressed stormwater management and boat storage locations.
6. Long-term effects: The Boat Storage Facility provides a place for those who need to store a boat at a
site near the lake. Storing boats is a relevant service to the area to safely store boats in a location of
sufficient size.
7. Specific criteria for Boat storage facilities.
a. Boat storage facilities must be on lots equal to or greater than two acres in size. The parcel is
11.15 acres
b. All lots used for boat storage facilities must have fencing along any property line visible from
nearby public streets. The parcel contains a front entrance gate and the boats are not stored
within view of the State Route 9. The plans show an existing berm with evergreen plantings
along the property frontage about 130 ft. and a secondary berm about 140 ft. on the interior of
the property to the south west of the garage.
SUMMARY
This application is reviewed under the requirements of a Special Use Permit and will require one of the
following terms of validity: Permanent, Temporary, or Renewable. Staff would suggest a permanent permit for
boat storage only on the site and any new activity such as boat repair or sales would require a special use permit
review.
-2-
THE
Chazn
COMPANIES
North Country Office
— 375 Bay Road, Queensbury, NY 12804
P: (518) 812-0513 F: (518) 812-2205
www.chazencompanies.com
Proud to cc.Employee vwnea
Engineers Hudson Valley Office (845)454-3980
Land Surveyors Capital District Office (518) 273-0055
Planners
Environmental Professionals
Landscaoe Architects
October 10, 2013
Mr. Craig Brown
Zoning Administrator and Code Compliance Officer
Town of Queensbury
742 Bay Road
Queensbury, New York 12804
Delivered via email only: CraigB @queensbury.net
Re: J&D Marina, LLC. –2585 State Route 9L
Town of Queensbury, Warren County, New York
Chazen Project#91300.37
Queensbury Ref. No:SUP 56-2013
Dear Mr. Brown:
The Chazen Companies (Chazen) has received a submission package from your office for the above
project. The Applicant intends to obtain a new special use permit (SUP) for an existing Class A Marina
within a Waterfront Residential zoning area. Their existing SUP expired June 24, 2013. The Applicant
began communicating with the Lake George Park Commission (LGPC) in March of 2013 to establish
reasonable parameters for the new permit application. Submitted information includes the following:
1. Cover Letter, prepared by John Matthews – Owner Castaway Marina, Dated September 13,
2013;
2. Site Plan and Details Drawing No. C-1, prepared by Schoder Rivers Associates, dated August 22,
2013;
3. Stormwater Calculations by Schoder Rivers Associates, Dated September 10, 2013 with Cover
Letter Dated September 11, 2013;
4. A Site Plan Application with supporting documentation signed September 13, 2012, with
property deed and Town of Queensbury Resolution approving SUP 14-2008;
5. Memorandum "RE: Route 9L Property Preliminary Evaluation of Wetlands and Waters of the
U.S." by Quantitative Environmental Analysis, LLC. Dated January 26, 2006;
6. Memorandum "RE: Site Investigation - Route 9L Cleverdale, NY" by Quantitative Environmental
Analysis, LLC. Dated January 26, 2006;
7. Undated Photographs of Existing Site;
Chazen Engineering. Land Surveying&Landscape Architecture Co., D.P.C.
Chazen Environmental Services, Inc.
The Chazen Companies, Inc.
Town of Queensbury
J&D Marina LLC.
October 10,2013
Page 2
The applicant received set back guidance from LGPC for wetlands and steep slopes; LGPC has also
recommended the Applicant provide storm water management to the extent practical for existing
impervious areas. The proposed work is fairly unique as the Applicant is not proposing to expand
impervious areas on site or change site use. However, they are proposing stormwater improvements in
conjunction with their SUP re-application.
Your office has requested that we limit our review to the design of stormwater management and
erosion and sediment control items as it relates to compliance to local, state or relevant codes and
regulations. Based upon our review of the information provided, Chazen offers the following comments
for the Town's consideration:
Stormwater Management& Erosion and Sediment Control:
1. The proposed site improvements disturb less than 1 acre of land and will not be subject to
NYSDEC Phase II Stormwater Regulations. However, this project falls within the Lake George
watershed and will be subject to the requirements of Section 147-11, for Projects within the
Lake George Park.
2. The drainage area delineation submitted with the stormwater calculations does not match the
contours shown on the plan. The applicant shall submit plan of all proposed grading including
area hatched and called out as "Regrade Area as Req'd to direct runoff to detention basin." Part
of this area is an existing gravel drive and it is not clear how regrading to the new basin will be
accomplished (147-8 B.3.j).
3. The applicant shall submit a proposed maintenance plan and schedule to the Town of
Queensbury for the proposed BMPs to ensure continuous and effective operation (147-8 B.3.g).
Additionally, a maintenance easement shall be issued that shall be binding on all subsequent
land owners (147-10.B.3.h).
4. Recommend the applicant submit infiltration test data in the vicinity of the proposed infiltration
basin. The HydroCAD model received utilizes an infiltration rate of 10 in./hour. The Town may
wish to witness the test, as such please contact the town planning/building department before
advancing.
5. The applicant shall submit test pit information to ensure adequate separation to groundwater.
To verify, the Town may wish to witness the test pit, as such please contact the town
planning/building department before advancing. Groundwater separation shall be a minimum
of two (2) feet, reference 147-11.I.2.e.
6. The applicant shall submit photos and plan of previous test pits mentioned in Memorandum
"RE: Site Investigation - Route 9L Cleverdale, NY" by QEA Dated January 26, 2006 as
supplemental information on subbase material. Please also submit any available boring
information in the vicinity of the infiltration basin if available from previous reports. The vicinity
of the infiltration basin appears to be a known dumping site, and soil conditions may not be
suitable for infiltration.
R:\9\91300-91399\91300.00-Town of Queensbury P8 Engineer\91300.37-SUP 56-2013 MD Marina\LETTER_91300.37-SUP 56-2013 J&D Ma rina.dou
Town of Queensbury
J&D Marina LLC.
October 10,2013
Page 3
7. The Applicants Drawing No. C-1 Design Detail illustrates 8" invert elevation 355.0 while
HydroCAD design has the invert at 354.33. Request the applicant clarify and correct as
necessary.
8. Temporary erosion controls shall be called out down gradient along the entire area of
disturbance including the proposed riprap swale.
Conclusions and Recommendations
It is our opinion that the applicant should provide clarification for the above items and incorporate the
changes in subsequent plan submissions.
If you have any questions regarding the above, please do not hesitate to contact me at (518) 824-1926.
Sincerely,
Sean M. Doty, P.E., LEED AP
Associate
Senior Project Engineer
cc: Pam Whiting,Town Planning Office Administrator(via email)
Laura Moore,Town Land Use Planner (via e-mail)
File
R:\9\91300-91399\91300.00-Town of Queensbury PB Engineer\91300.37-SUP 56.20131&D Marina\LETTER_91300.37-SUP 56-2013 J&D Marina.doa
..441111Patil TOWN OF QUEENSBURY
Fr 742 Bay Road, Queensbury, NY. 12804-5902
Town of Queensbury Planning Board
SEQR RESOLUTION—APPROVE/DISAPPROVE A NEGATIVE DECLARATION
SPECIAL USE PERMIT 56-2013 J D MARINA
TAX MAP ID 240.5-1-31.23
The applicant proposes commercial boat and associated equipment storage. ' Project includes indoor
storage in an existing building and outdoor storage. Commercial boat sales/:;service/ storage uses in the
WR zone require Special Use Permit review by the Planning Board.
The Planning Board has determined that the proposed project and Planning Board action is subject to
review under the State Environmental Quality Review Act;
The proposed action considered by this Board is Unlisted in the Department of ronmental
Conservation Regulations implementing the State Environmental Quality Review Act and the
regulations of the Town of Queensbury;
No Federal or other agencies are involved;
Part 1 of the Short EAF has been completed by the applicant;
Part 2 of the Short EAF has been reviewed by the Planning Board;
Having considered and thoroughly analyzed the relevant areas of environmental concern and having
considered the criteria for determining whether a project has a significant environmental impact as the
same is set forth in Section 617.11 of the Official Compilation of Codes, Rules and Regulations for the
State of New York, this Board finds that the action about to be undertaken by this Board will have no
significant environmental effect and the Chairman of the Planning Board is hereby authorized to execute
and sign and file as may be necessary a statement of non-significance or a negative declaration that may
be required by law.
MOTION TO APPROVE / DISAPPROVE A NEGATIVE DECLARATION FOR SPECIAL USE
PERMIT 56-2013 J D MARINA, Introduced by who moved for its adoption, seconded by
As per the resolution prepared by staff.
Duly adopted this 15th day of October 2013 by the following vote:
AYES:
NOES:
.61 TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY. 12804-5902
Town of Queensbury Planning Board
RESOLUTION TO APPROVE/DISAPPROVE SPECIAL USE PERMIT 56-2013 JD MARINA
Tax Map ID 240.5-1-31.23 /Property Address: 2585 State Route 9L
A site plan application has been made to the Queensbury Planning Board for the following: Applicant
proposes commercial boat and associated equipment storage. Project includes indoor storage in an existing
building and outdoor storage. Commercial boat sales/service/storage uses in the WR zone require Special
Use Permit review by the Planning Board.
A public hearing was advertised and held on 10/15/2013;
This application is supported with all documentation, public comment,and application material in the file of
record;
MOTION TO APPROVE / DISAPPROVE SPECIAL USE PERMIT 56-2013 JD MARINA, Introduced by
who moved for its adoption, seconded by
As per the resolution prepared by staff with the following:
I) Pursuant to relevant sections of the Town of Queensbury Zoning Code`';..:hapter 179-9-080, the Planning
Board has determined that this proposal satisfies the requirements as stated in the Zoning Code;
2) The requirements of the State Environmental Quality Review Act have been considered and the Planning
Board has adopted a SEQRA Negative/Positive Declaration;
3) Term of Validity: Permanent. Temporary, or Renewable;
4) Engineering sign-off required prior to signature of Zoning Administrator of the approved plans;
5) 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;
6) The applicant must meet with Staff after approval and prior to issuance of Building Permit and/or the
beginning of any site work;
7) Subsequent issuance of further permits, including building permits is dependent on compliance with this
and all other conditions of this resolution.
Duly adopted this 15th day of October 2013 by the following vote:
AYES:
NOES: