Town of Fort Ann Project Review

Town of Fort Ann
80 George Street
PO Box 314
Fort Ann, NY  12827

Town of Fort Ann Planning and Zoning
Code Enforcement Officer 518-639-8929 (phone and fax)
 
Town of Fort Ann Topics of Interest

AT&T (Former Nextel Cell Tower Site)  (UPDATED 5/20/10)

Project Summary: The applicant proposes to co-locate additional anteneas on the existing cell tower facility formerly operated by Nextel at 1684 Pilot Knob Road.  The proposal will require 5' additional height to the existing tower.  The Fort Ann and Washington County Planning Boards inquired about the status and condition of the existing stormwater management systems. 

Waterkeeper Perspective: The Waterkeeper has expressed concerns about the proposed site to adequately manage stormwater due to site constraints during the design and subsequent construction.  In 2006, the Waterkeeper documented apparent non compliances with approved plans and notified the Lake George Park Commission.  A site observation was recently performed by the Waterkeeper of the stormwater management facilities.  Based on field measurements, the stormwater management facilities appear to be substantially under constructed from the approved plans.

Waterkeeper Comments: See Lake George Waterkeeper comments to the Town of Fort Ann Planning Board May,  2010 and Project Memorandum. 

Next Meeting: The Town of Fort Ann Planning Board reviewed the application at the April 2010 meeting and scheduled a public hearing.  On May 18, 2010, the Fort Ann Planning Board held a public hearing on the AT&T proposal.  After receiving public comments, the Planning Board approved the project with the following conditions:  1) Approval subject to all conditions and commitments detailed in the May 11, 2010 Tower Co. letter to the Town of Fort Ann and 2) Project must receive complete stormwater management approval from Lake George Park Commission and meet all conditions of approval. 

ENLAVE AT LAKE GEORGE, LLC  (UPDATED 3/2/11)

Project Summary: The applicant presented a sketch plan for a 14-lot subdivision of 90+ acres on the east side of Pilot Knob Road across from Fischers Marina.  The subdivision is proposed for townhouse units divided into duplex and triplex units with a Home Owners Association.  Three access points to Pilot Knob Road are proposed - one combined access and two separate access drives with maximum grades of 12%.  On-site wastewater treatment will be provide through individual systems servicing each duplex/triplex to be located on HOA property.  Stormwater management is proposed through s series of roadside swales and dry wells.  Plan currently proposes 2000 sf maximum footprint per unti.  Planning on filtered views for the units to minimize visual impact.  Project will equire permits from APA,DOH, DEC, ACOE and LGPC.  Nothing is currently proposed on west side of Pilot Knob Road.  There is no contractual access for the proposed townhouse units to the existing docks at the marina.  Applicant has held preapplication meeting with APA and plans to first submit to APA and then to Town.  Planning Board and Town Engineer expressed concerns about upland development and possible move units down the slope, amount of clearing on hillside, possible segmentation and need to show some concept for west side of Pilot Knob Road and provide buffers along the water front.  July 2010 - The applicant has revised the site plan and submitted to APA and Town of Fort Ann for review.  The revised plan consists of 8 single family homes and one duplex.  The total subdivision consists of 12 lots on 108 acres.  One single family home will have access from a 450 lf driveway on the south end of the property.  Two single family homes will be along Pilot Knob Road.  Five single family homes and the duplex will be located in the uplands off a 1000 lf road.  A community wastewater treatment system will service the upland development and single on-site wastewater treatment systems will service the three other single family homes.  Water will be provided through on site wells.  Stormwater management will be provided in large basins with curb and gutter conveyance.  Two other lots will be created and reserved for future wasterwater treatment for the marina.  DECEMBER 2010 - The Project requires a variance from the LGPC for separation to wetlands for stormwater management devices.  The stormwater management system consists of an infiltration basin for Lot 10; three wet ponds for the upland development access road and for Lots 3-9 (two required the variance) and infiltration trenches for Lots 1 and 2.

Waterkeeper Perspective: The Waterkeeper has concerns about extent of upland development and disturbance required to reach the building sites;  stormwater management and need to incorporate low impact development measures; potential segmentation of the west side parcel and buffers along existing streams on property.  July 2010 - The Waterkeeper has numerous concerns about the proposed development:  the plan fails to implement any concepts of Low Impact Development and has extensive disturbance on steep slopes and in close proximity to wetlands; the impervious coverage is excessive and should be reduced by shortening driveways/roads and reducing the width; the curb/gutter/piping should be replaced with open swale conveyance and providing stormwater management closer to the source; there is concern about the influence of high groundwater on the stormwater basins; the configuration of the units should be analyzed to reduce cuts into the hillside; the impacts to the wetlands should be evaluated; and the proposed community wastewater system is located on slopes that exceed the allowable.  The Waterkeeper provide a detailed technical review of the stormwater management system and found significant noncompliances with the Lake George Park Commission regulations and discovered there has yet to be a submission to the Commission, contrary to the request from the APA.  DECEMBER 2011 - The Waterkeeper submitted detailed comments to the Lake George Park Commission regarding the requested variance.  The comments were consistent with previous comments, which did not seem to be adequately addressed.  In addition, the Waterkeeper provided comment of the criteria for granting a variance including the impact the community (impacts to the lake through reduced stormwater management); the substantiality of the variance request (0 foot setback instead of required 100 foot);  the potential for alternatives to the variance (the stormwater could be infiltrated closer to the source reducing the need for the variance); impacts to the environment (removal of the wetland buffer and potential algae impacts to Irish Bay) and the variance is self-created. 

Waterkeeper Comments: See comment letter to Town of Fort Ann Planning Board July 2010.  See comment letter to the Adirondack Park Agency July 2010.  See comment letter to Lake George Park Commission December 2010 and January 2011.

Next Meeting: The Town of Fort Ann Planning Board reviewed the Sketch Plan at the January 25, 2010 meeting.  Concerns were expressed regarding potential clearing and upland development.  Density did not appear to be an issue.  The project application has been deemed complete by the Adirondack Park Agency, who is accepting public comments until July 29, 2010 on the application.  The Town of Fort Ann Planning Board is holding a public hearing on the preliminary plans on July 26, 2010 at 7 pm.  At the Town of Fort Ann Planning Board meeting on July 26, 2010, the preliminary plan was approved 7-0 with no changes or modifications.  Public comments on the permit application to the Adirondack Park Agency were accepted until July 29, 2010.  DECEMBER 2010 - The LGPC reviewed the variance application at their December 2010 meeting.  The comment letter from the Waterkeeper raised questions about the application.  The LGPC tabled the application to allow the applicant to address the comments raised.  The application was tabled to the Januatry 2011 meeting.  At the January 25, 2011 Lake George Park Commission meeting, the application was discussed in detail regarding the potential alternatives to reduce the requested variance, maintenance agreement requirements and planting plans were discussed.  The Lake George Park Commission granted the variance (7-3 vote) with the following conditions:  1) Maintenance Agreement extending 3 years after completion of construction; 2) Soil restoration in compliance with DEC requirements; 3) Planting plan with native planting; 4) Rain gardens to be constructed to DEC guidelines; 5) Applicant to protect No Disturbance Limits and may cross to remove invasive species only; 6) Provide 6"-12" of topsoil around the buildings; and 7) Provide 2" dbh caliper trees.  The project was on the February 28, 2011 agenda of the Town of Fort Ann Planning Board.  The applicant informed the Board of revisions to the plan including altering lot lines for marketing purposes making lots 5 ac and to address concerns of the LGPC.  It was determined the changes were not significant and met the spirit of the preliminary approval and therefore, was no need to send to the Town Engineer for review.      

HARRIS  (UPDATED 11/23/09)

Project Summary: The applicant proposes a 3-lot subdivision of a 32.646 acre parcel located at 1468 Pilot Knob Road (73-2-6).  The parcel is located in Rural Use APA Land Use Category.  The proposed subdivision would create Lot 1 with an existing home on 13.677 acres; Lot 3 with 8.502 acres and Lot 4 with 10.46 acres.  Lot 2 was created by a 2002 subdivision.  The project proposes all three lots to accessed from a common road with Lot 3 & 4 being located on the upland portion of the lot with lake views.  The two new lots will be serviced by on-site wastewater treatment system and wells.  Three stormwater management ponds are proposed for stormwater management.  The project will require subdivision approval from the Town of Fort Ann Planning Board, subdivision approval from the Adirondack Park Agency and a stormwater management permit from the Lake George Park Commission.   

Waterkeeper Perspective: The Waterkeeper first was involved with the project when the APA was notified of clearing on the property in May 2008.  At that time, APA determined the clearing was not a violation but notified the owner not to perform any additional clearing without a permit.  The Waterkeeper has the following concerns with the project:  the clearing of the property, which was claimed to be timber harvesting, with an apparent intent to develop lots with lake views; the proposed road is located adjacent to a stream and proposes to remove all buffers along the stream; stormwater management proposed consists of wet ponds which fail to meet the requirements of the Lake George Park Commission for reduction of post-development volumes; the OWTS are located a significant distance from the proposed homes in questionable areas and the proposed development disturbance should be clustered on the lower elevation of the site preserving the uplands, steep slopes and stream corridor. 

Waterkeeper Comments: Please refer to the Waterkeeper comment letter to the Town of Fort Ann Planning Board November 2009.

Next Meeting: The Town of Fort Ann started the review of the application in March 2008 and has asked the application to coordinate reviews with the APA.  The application was most recently on the Planning Board agenda at the June 2009 meetin when additional information was requested regarding the streams on the property.  The project has received two Notice of Incomplete Applications from the APA and an incomplete application notice from the Lake George Park Commission.  The project is on the agenda of the November 23, 2009 Town of Fort Ann Planning Board.

JERSEN  (UPDATED 11/30/12)

Project Summary: The applicant proposes a 2-lot subdivision of a 1.5 acre parcel located at 2081 Camp Andrews Way (64-14-1-9).  The project is located in the R-1 Zoning District and is in Moderate Use Land Use Designation.  There is an existing 5 bedroom house on the parcel that has a septic system sized for a 5 bedroom house.  There is concern about additional bedrooms from a bunk house located on the property.  The parcel has 237' of shore frontage and is mostly forested.  The applicant is proposing a second lot to share the septic system.  The applicant is proposed a single family home to be setback 75 feet from Lake George with erosion and stormwater controls.  The applicant is requesting variances from the Lake George Park Commission Stormwater Regulations for horizontal setback to Lake George and from the requirement to control stormwater from existing development.  The project proposes stormwater infiltrators for the new home in soils imported and supported by 7-foot high retaining walls on 40% slopes.  The applicant submitted a revised application in February 2011 that provided stormwater management for the existing residence through rain gardens.   

Waterkeeper Perspective: The Waterkeeper has significant concerns about the proposed project inlcuding incompleteness of the application (lacking soil investigation information and details on the retaining wall), reduced stormwater treatment with the rapid percolation rates existing and requested setback variance, failure to address stormwater runoff from existing development, disturbance on steep slopes in close proximity to the lake and incorrect information contained in the application.  There are also concerns about the existing onsite wastewater treatment system's capacity to handle all the wastewater from the proposed project. 

Waterkeeper Comments: Please refer to the Waterkeeper comment letter to the Lake George Park Commission, February, April  and July 2011.  Letter to Judge Goldberger from Lake George Waterkeeper regarding nutrient treatment for issues hearing November 2012.

Next Meeting: The Lake George Park Commission issued a Notice for Public Comment on the stormwater management permit in February 2011.  The Town of Fort Ann placed the subdivision application on their Janaury 2011 Planning Board agenda but the item was tabled due to lack of applicant.  The Lake George Park Commission scheduled the variance application on the agenda of the April 26, 2011 meeting at 10:00AM.  At the LGPC April 26, 2011 meeting, the applicant presented additional information regarding the construction of the proposed retaining wall and stormwater management system.  The applicant was questioned on the required subbase for the infiltrators, stability of the wall on steep slopes, amount of soil and the wastewater treatment system.  The LGPC failed to approve the variances 3 aye, 4 no, 1 abstention and the application was denied.  The applicant decide to resubmit the application in attempt to address concerns raised by the LGPC.  The LGPC heard the application at their July 26, 2011 meeting.  After presentations by the applicant and public comment from the Waterkeeper and adjoining landowners, the LGPC voted unanimously to deny the application, 10-0.  The applicant continued to modify the application in attempt to reduce the impacts to the lake and remove any variance.  At the April 2012 LGPC meeting, the Commission voted to intend to deny the stormwater permit application.  The applicant filed for an appeal to the Notice to Deny and requested a legislative hearing that was scheduled for August 7, 2012.  The Waterkeeper provided public testimony and requested party status at the hearing, along with the applicant and the Lake George Park Commission.  After the hearing, the parties offered to resolve issues for the hearing.  All issues were agreed to with the exception of nutrient removal, which was not accepted by the applicant or the Lake George Park Commission.  On November 19, 2012, Judge Goldberger issued a ruling on the issues conference that granted party status to the Lake George Waterkeeper and listed issues that were agrees upon by parties (stormwater treatment meeting standards, hydraulics of conveyance system, structural integrity of stormwater system, riprap channel to lake, post construction maintenance) but the request for nutrient treatment was denied.