Town of Lake George Project Review

Town of Lake George
Old Post Rd
PO Box 392
Lake George, NY 12845

Town of Lake George Planning Board information
Town of Lake George Zoning Board of Appeal information
Planning and Zoning Office 518-668-5131 / fax 668-0269

Lake George Topics of Interest

Abrantes (updated 5/5/10)
Adams (updated 11/29/11)
Adirondack Mtn Ridge Estates (updated 3/22/11)
Albright (updated 6/11/09)
Alpine Village (updated 1/7/09)
Amersi(updated 1/12/12)
Ashfaq Ahmed (updated 11/24/09)
Barber (updated 1/12/12)
Barton (updated 3/4/13)
Bauer (updated 11/24/09)
Bazar (updated 6/11/09)
Beaulieu (updated 7/15/08)
Bear Pond Ranch (formerly Wild Wild West) (updated 11/17/11)
BBD - Boswell (Hillcrest Subdivision and Lumac Timber Harvest) (updated 11/23/11) 
Blue Lagoon Resort (updated 2/17/10)
Bolen/Coons/DePace (updated 7/15/08)
Bosco (applicant is McCall) (updated 11/23/11) 
Brand (updated 11/24/09)
Brining (Village Estates)  (updated 12/12/11)
Brookside Townhouses (updated 8/4/10)
Campanella (updated 8/7/08)
Casale (updated 12/8/11)
Catlin (updated 12/8/11)
CEG Development (updated 11/24/09)
Christiana (updated 3/4/13)
Clairview II Subdivision (updated 1/5/11)
Clark (updated 6/23/10)
Cohold Townhouses (updated 7/23/12)
Collette (updated 11/29/11)
Corbett (updated 3/4/13)
Cornelius (updated 11/23/11)
Country Cottages (updated 3/22/11)
Cresthaven Lodges (VOJAC, Inc)  (updated 4/14/09)
Cresthaven Dredging (updated 5/5/10)
Crisafulli (updated 8/10/12)
D'Ambrosio / rep Ludwig (updated 12/8/11)
Desperito (updated 8/7/08)
Deutsch (updated 3/4/13)
Diamond Lookout (updated 9/10/09)
Dowd (updated 12/12/11)
Dwyer (updated 4/10/12)
English Brook Instream Sediment Basin (updated 10/29/10)
Erminger (updated 5/7/08)
Famosi (updated 3/4/13)
Forest Ridge (updated 5/7/08)
Francese (BBB Constr.) (updated 8/21/09) 
French Mtn Forest (formerly General Timber) (updated 11/30/11)
Friedman (updated 11/24/09)
Gannon (updated 12/3/12)
Galvin (updated 12/3/12)
G & G Lands (updated 1/7/09)                                      
George's Restaurant (updated 7/23/12)
Germano (updated 7/23/12)                                       
Grace (updated 1/21/09)
Green Harbour HOA (updated 4/14/09)
Gross (updated 8/10/12) 
Habberstad (updated 5/7/09)
Hart (updated 2/9/09)
Higgins (updated 1/7/09)
Hudson (updated 3/4/13)
Keating (updated 7/15/08)
King Phillips Campground (updated 3/15/12)
Koncikowski (updated 5/5/10)
Laphatt Holdings, Inc (updated 3/4/13)
Lake Shore Lodges (updated 11/24/09)
Landcrafters, LLC (updated (12/7/11) 
Lanfear (updated (2/1/11)
Lochlea (updated 4/10/12)
Lumac Company (see BBD - Boswell) 
McAvinney (updated 11/05/08)
McCoy (updated 8/10/12)
Morey (updated 1/5/11)
Morris (updated 1/5/11)
Mountain's Edge Subdivision (updated 7/23/12)
O’Connor (11/29/11) 
Passarelli (updated 6/24/09)
Peek (updated 3/4/13)
Pelak (updated 11/05/08)
Phoenix (updated 5/5/10)
Pontacoloni (updated 6/10/08)
Purcell (updated 7/23/12)
Ragonetti (updated 11/29/11)
Reale (updated 11/28/11)
Remmington (updated 11/28/11)
Richichi (updated 8/7/08)
Rockledge (updated 1/27/12)
Romano (updated 1/6/11)
Rucinski (updated 12/23/09)
Ryan (rep Jelley) (updated 6/23/10
Ryan Townhouses (updated 2/9/12)
Schaefer (updated 1/6/11)
Schuster (updated 6/25/10)
Sternbach (updated 10/15/10)
Stewarts (updated 3/27/09)
Suncastle (updated 3/3/10)
Thomas, Russell (updated6/11/09)
Tiki Motor Inn (updated 7/23/12)
Trudell (updated 11/29/11) 
Tyrer (updated 2/17/10)
Village Estates Condos (updated 11/28/11)
Walton Service Group (updated 3/22/11)
Wasserbach (updated 7/23/12)
Wells (updated 1/21/09)
Whelan (Zervas) (updated 12/1/09)
Wild Wild West Ranch (see Bear Pond Ranch (Jan 2011) - Macchio (updated 2/9/09)
Wood (updated 6/11/09)
Yulman (updated 2/17/10)
Zervas - Stone School House Rd (updated 1/6/11)
Zervas - 58 Sunny West (Victoria's Landing Subdivision) (updated 11/29/11)

Abrantes (updated 5/5/10)

Project Summary: The applicant presented two applications - one for a minor subdivision to consolidate four lots (264.03-1-38,39,40 &41) into one lot with a total of 2.36 acres for a property located on kings Road, Prospect Mountain Estates; second to construct a 2 story, 4 bedroom single family dwelling with on-site wastewater system, on-site well and stormwater management.  The applicant submitted a sketch plan demostrating the site could be developed.  The stormwater system proposes shallow grass swales with an infiltration device.  Significant regrading is required for the site.  The application lacked a detailed stormwater management plan and will require a major stormwater management plan.  The applicant submitted a revised application in March that included a stormwater management plan.

Waterkeeper Perspective: The Waterkeeper felt the application was incomplete without the stormwater management plan.  The Lake George Waterkeeper is concerned about the excessive clearing and earthwork required for the site development including 12 foot cut and fills; inability to collect stormwater from all disturbed areas; discharge of stormwater onto adjacent properties; and the installation of an fill wastewater treatment system on 20% slopes exceeding New York State Department of Health regulations.  Regarding the revised application, the Waterkeeper felt off site runoff was not adequately addressed and would have impact to the site, there was a lack of soils information to determine if the stormwater management system was adequate and the wastewater treatment system remained to be non compliant with State DOH regulations.

Waterkeeper Comments: See comment letter to the Town of Lake George Planning Board February and March 2010. 

Next Meeting: At the March 2, 2010 Planning Board meeting, the Town of Lake George Planning Board approved the minor subdivision/lot consolidation plan.  The Planning Bord accepted the site plan review application and scheduled a public hearing for April 6, 2010.  The Board expressed concern about the development of the site stating previous proposals have been submitted but not approved. The Planning Board held a public hearing on April 6, 2010 and expressed concerns about offsite runoff and fill required for on-site wastewater treatment system (OWTS).  The Planning Board approved the Site Plan application 6-1 with the following conditions:  1) Soils for the OWTS are to be verified at the time of construction and certified by the applicant’s engineer; and 2) submit a revised map addressinf off site stormwater concerns, signed and certified by applicant’s engineeer.

Waterkeeper Perspective:  The Waterkeeper was surprised that the first two site plans that were submitted for the Lochlea subdivision were in excess of the ZBA's approved 1100sf footprint (this one apprx 3400sf).  The applicant stated that they need everything on one floor for health reasons and that is why the home is larger than on approved subdivision site plan, therefore requiring additional variances.  The proposed SFD also has two additional bedrooms planned for the 2nd floor.  Planting plan is good (includes rain gardens for infiltration and treatment of stormwater), although does not include replacement of any of the the trees on the lot that will be removed (all trees will be removed except for one will be left).

Waterkeeper Comments:  See comment letters to the Town of Lake George Planning Board for June and September 2011 and Zoning Board of Appeals for June 2011. 

Next Meeting: Variances were approved by ZBA.  Although this project is not a cluster subdivision, it is similar with small non-conforming lots, therefore all lots will require variances.  PB members voted 3 to 3 to waive Public Hearing.  Chairman over-ruled and a Public Hearing was scheduled.  Application was approved with the following conditions: need an easement for proposed rain gardens within common area; walkout basement for storage only; no expansion unless PB approval; rear buffer is a 'no cut' zone with supplemental trees added and these plantings put on site plan; no understory to be cut (regardless of what is on the plan for maintenance).

Adirondack Mountain Ridge Estates (updated 2/24/11)

Project Summary: The applicant seeks to construct a single family residence on a 0.55 acre lot in the Sunny West Subdivision located at 58 Sunny West Lane (238.15-1-21).  The property is located in the RM-1 Zoning District (Hamlet Land Use Designation).  The applicant requests a 21 foot variance from a driveway infiltration device 79 feet to a wetland, a 25 foot variance from a well 75 feet to a driveway infiltration device and 37 foot variance from well to a driveway infiltration device 63 feet where 100 feet is required as per Section 175-21-G(2)(C).  The property has a stream and APA designated wetlands located on it.  The property is serviced by a centralized sewage system.  The proposed residence has a 30 foot separation to the stream. 

Waterkeeper Perspective: The Waterkeeper has concerns about the lack of soil investigations provided, potential impact on stormwater treatment from groundwater and the need to provide increased treatment with the application of rain gardens due to the reduction in separation to drinking supplies and wetlands.   After ZBA meeting, the applicant seemed agreeable to look at rain gardens and vegetation vs. stoned swales, etc.  DIYWQ was distributed to applicant and representtive.

Waterkeeper Comments: See comment letter to the Town of Lake George Zoning Board of Appeals February 2011.

Next Meeting: The application was tabled by the ZBA at their Feb 17 meeting to further review/discuss details of this project.  At the March 17, 2011 Town of Lake George Zoning Board of Appeals meeting, the variance was passed with no discussion.  Scheduled for Site Plan Review at April 5, 2011 PB meeting.

Albright (updated 6/11/09)

Project Summary: Presented by Jean G. Albright 1992 Trust to combine 2 parcels of approximately .87 acres of land and then subdivide into 2 lots (20,668 sq. ft. and 17,315 sq. ft at 1 & 2 Park Street in Woodfin Park Association (251.20-1-30 and 251.20-1-46)). The applicant requested a 2,685 sq. ft. density variance on Lot 2 and 12.2 ft. variance for existing dock setback and received both from the ZBA.

Waterkeeper Perspective: Large trees and vegetation should remain on the site. Locating the new SFD approximately 75 ft from the shoreline would lessen the impact of development on the lake. Removed impervious pavement should be replanted with substantial vegetation and trees to minimize stormwater runoff on this relatively steep site on the Lake George shoreline.  Issues surfaced at the 12//2/08 Public Hearing regarding legal access to the 2nd lot, which was also discussed by neighbors on 4/7/09, but seemed to not be an issue with the Planning Board (Waterkeeper did not comment on this issue). 

Waterkeeper Comments: See comment letters to the Town of Lake George Zoning Board of Appeals for June and Town of Lake George Planning Board for July and October 2008 and April 2009.

Next Meeting: Area Variance approved with the condition that the house be demolished when the lot is sold and that the driveway shown on the plan be moved away from the property line. When the site plan is approved, the dock on the new parcel may not be used if no building exists on the lot, and a fence must be erected to block useage. A Public Hearing was scheduled for September 2008 after Site Plan review by the Planning Board on 8/5/08. October meeting was tabled by the applicant due to prospective buyer requesting changes to the site plan.  Public hearing scheduled at the 11/26/08 PB meeting for the 12/2/08 Planning Board meeting.  A member of the Board tried to close the Public Hearing after comments were heard during the 12/2/08 meeting, but it remains open.  

On February 26, 2009 the ZBA approved that the dock and cribbing could remain after the demolition and subsequent replacement of the house (with a fence installed to restict use) .  Demoliton of the existing house to occur after the sale of the property per the owner.  At the 4/7/09 PB meeting, the Public Hearing was left open and the applicant was asked to show water and sewer lines on map, show propsed dock fence, move driveway 10 ft from neighbors, and show building envelope with SFD (not merely the setback requirements).  A condition was made by the PB that "...no trees would be removed on the parcel until PB Site Plan Review...".

On May 5, 2009 TLG PB approved this application with the condition that no trees would be removed until Site Plan Review, the driveway would be moved 10 ft from neighbors, beach access would not be blocked during construction, there would be two hookups with VLG water/sewer, and one 90 day extension of approval would be granted if needed (total of 180 days).

Alpine Village (updated 1/7/09)

Project Summary: Presented by Earnest Ippisch/Alpine Village to change the area above an existing garage  from storage to two rental units each consiting of 2 bedrooms, a kitchen and one bath.  Each unit will have 540 sq ft.  Also to convert two duplex cabins consisting of four units into two units by removing one bath in each duplex for property located at 3054 Lakeshore Dr (251.07-1-55).

Waterkeeper Perspective: Clarification of the density for the entire parcel and the exisitng and planned on-site wastewater treatment system (OWTS), including perc tests and deep pit test data.  Stormwater management should be added to the proposed redevelopment.

Waterkeeper Comments: See comment letters to the Town of Lake George Planning Board for October 2008.

Next Meeting:  At the 10/7/08 PB meeting the Planning Board stated that they had previously requested a full site plan to be submitted including location of septic system.  This requested information would be submitted to the town the following day in order to be included on the agenda for the 10/21/08 PB meeting.  At the 10/21/08 PB meeting, the application was approved with conditions that the applicant go before the Consolidate Board of Health and the Dept of Health RE: OWTS. 

Amersi (also see Rockledge) (updated 1/12/12)

Project Summary:  Site Plan Application #26-2010.  The applicant proposes to remove an existing single family residence and construct a single family residence with a new wastewater treatment system and stormwater management system for a property located at 3072 Lake Shore Drive (251.07-1-52). 

The property currently has four other single family residences, motel complex and cabins as well as a marina on a 14.5 acre parcel.  The proposed residence will have an approximate 90 foot shoreline setback.  The proposed residence will have an approximate footprint of 3100sf.  The proposed on-site wastewater treatment system will be located approximately 300 feet from the lake.  The proposed location for the residence is on steep slopes overlooking the lake.  The proposed stormwater management system will consist of rain gardens, infiltration trench and a dry well.

Modification to Site Plan Application #26-2010 submitted by Salim Amersi to show new area of disturbance/clearing of exisitng trees to the north of the house not on the original approved site plan, for property located at 3072 Lake Shore Drive (251.07-1-52).  

The excess disturbance did not initiate a Stop Work Order, but construction was stopped by the TLG Planning Administrator in Dec 2010, (although the foundation was allowed to be capped).  Many large trees were removed to supposedly create space to accomodate material that had been removed when unexpected excessive blasting was done for the SFD foundation.  SP #3-2011 superceeds this SP Application. 

Site Plan Application #3-2011 submitted by Salim Amersi to seek approval of a project involving a restoration of the unapproved disturbed area (regarding an area of land on the north side of the property that was clear cut) associated with the approved site plan for a new residence on this parcel, for property located at 3072 Lake Shore Drive (251.07-1-52).

This new Site Plan Application was created so that the construction of the single family dwelling (SFD) could continue while the restoration of the excessive disturbance on the steep slope within 100 ft of Lake George would be discussed and mitigated separately by the Planning Board.  Therefore, completing the SFD would not be held up (per the request of the applicant).  Certificate of Occupancy (discussed at 3/1/11 PB meeting) will not be issued until restoration of cleared area has been completed.

Waterkeeper Perspective: The Waterkeeper has concerns regarding the different infiltration rates applied for stormwater management controls; discharge from the proposed rain gardens on steep slopes; lack of soil investigations for the dry well; inclusion of minor stormwater management calculations on the drawings; inclusion of the marina in the OWTS; replacement of the mature trees to be removed for the project; and infiltration rates applied for the rain gardens.

Site Plan modification to correct ’excess disturbance’: Revised planting plan was submitted for April 2011 and then again for May 2011.  Both addressed the ’grading’ issues at the SFD location and proposed planting trees at the top and bottom of the slope, some shrubs and Virginia creeper in soil pockets lined with filter fabric on top of the fractured rock (placed to fill in the drainage way after blasting).  Soils/rock may not support sustained life that has been presented.  The area should be returned to it’s original grade and heavily planted on the steep slope to the lake.  Revegetation is necessary to hold soils in place and stop erosion, as was present before construction when all of the trees and vegetation were removed.  In a 100 years, the area will be returned to what it was prior to the ’disturbance’, and prior to when the Planning Board conditioned the project that no vegetation be removed from the shoreline. 

Waterkeeper Comments:  See comment letter to the Town of Lake George Planning Board for October 2010.

Modification to Site Plan Application #26-2010 and #3-2011.  See comment letters to the Town of Lake George Planning Board for January, February and May 2011.

Next Meeting:  Site Plan Application #26-2010 - At the September 2, 2010, the Planning Board required the applicant to submit a major stormwater management plan due to the proximity to the lake and the steep slopes and wanted parking spaces shown for the marina.  A public hearing was set for October 5, 2010.  At the public hearing, most comments from the Waterkeeper were disregarded.  The Town of Lake George Planning Board approved the site plan with the following conditions: 1) septic system to go to the Consolidated Board of Health; 2) Submit as-built site plan; 3) Provide deep test pit near the dry well; and 4) silt fences to be installed. 

Modification to Site Plan Application #26-2010 - Required test pit (as a condition) has not been done as of 1/4/11, and because of the new ’Area of Disturbance’, it will need to be moved (per Dennis MacElroy).  PB concerned about reestablishing soils on the site and the viability of vegetation that will be planted on the soil ’wastes’.  PB will visit the site on Wed 1/5/11 to see actual impact of vegetation removal on steep slopes and ledgerock, and identify what needs to be done ’after the fact’ to mitigate the potential harmful impacts created by this project.  Planning Board visited the site on Jan 5, 2011.  Waterkeeper asked to be included in the quorum site visit, but was denied access to the site with the PB.  Applicant submitted minor changes to the Site Plan for the March PB meeting. Application tabled until March 1, 2011 PB meeting. 

New Site Plan Application #3-2011 - At the March 1, 2011 PB meeting (no Public Hearing), the PB voted to require applicant to hire an engineer (Tom Jarrett) to review/approve the application "to return this site to its original state and then schedule a Public Hearing, and no further construction after the capping and back filling of the site."  The discussion changed after that vote as a Board member arrived late to the meeting and began to push to allow the applicant to continue constructing the SFD (and not limit it to capping the foundation as was originally conditioned by the PB).  The PB then unanimously agreed to allow the applicant to continue construction of the SFD and to deal with this newly created "Site Plan Application" (referred to as "...an ongoing problem...") as a separate issue.  After engineer comments, this SP will be scheduled for PB meeting.

May 2011 Planning Board WAIVED THE PUBLIC HEARING (two PB members voted not to waive the PH/majority vote ruled to waive PH).  A new revised plan was presented for June 2011 and was approved with the following conditions: No use of any type of fertilizer per TLG Law to be put on the Site Plan, Tom Jarrett and Robb Hickey would oversee the planting plan and determine if additional plantings are needed; and the "...project would be watched with 10 eyes to ensure that it was constructed appropriately". 

A report to the Planning Board on 7/5/11 by the applicant's representatives stated that it was "...going resonably well and coming along...."  As of September 2011 and a visual site visit from adjoining property, plantings did not correspond to the approved planting plan, trees were not planted, hemlocks that were planted were small and appeared dead on one side.  PB is "...taking issue...."  Outcome and next steps are unknown at this time. 

Ashfaq Ahmed (updated 11/24/09)

Project Summary: The applicant proposes to reopen exisitng accessory convenience store with new gas pump filling station located at 2096 Route 9 (264.15-1-18).  The applicant provided additional information at the Town of Lake George Planning Board June 22, 2009 meeting whcih included a detailed site plan, stormwater management plans and building elevations.  The Planning Board discussion focused on parking, architectural details and landscaping.  Architectural and revised stormwater plans submitted for 8/4/09 PB meeting. 

Waterkeeper Perspective: The Waterkeeper supports the installation of stormwater management and vegetation on this redeveloped site.  Recommendation for an oil-water separator (to be sized at 4000 gal) will be installed. 

Waterkeeper Comments:  See comment letters to the Town of Lake George Planning Board for August 2008

Next Meeting:  Town engineer made recommendation to add plantings to basin and slope behind the building per Waterkeeper comments.  Site has been modified to town engineer’s satisfaction.  Planning Board requested a ’subdued’ canopy design in lieu of the NASCAR design.  Public Hearing remains open for 9/16/09 PB meeting and engineer’s signoff.  Project approved 9/16/09.

Barber (updated 1/12/12)

Project Summary: Site Plan Application #41-2011 submitted by Thomas and Natalie Barber; represented by forester Christian Gearwar to conduct selective timber harvesting for property located off Shaw Road (225.00-1-61 and 225.00-1-62).

Waterkeeper Perspective: The Waterkeeper supports sustainable timber harvesting and the incorporation of BMP's.  More information should be required to identify details of landing area and skid roads.  Stream crossings (although indicated as no 'mapped streams' on this property and therefore no BMP's applied), should be protected never-the-less, and all practices for mapped streams should be required. 

Waterkeeper Comments: The Waterkeeper submitted the following letter to the Town of Lake George Plannning Board in December 2011.

Next Meeting:  The Town of Lake George Planning Board requested more detail for the timber harvesting operation, including number of anticipated trucks per day, hours of operation, site plan of the landing area.  PB indicated that they would put a seven year restricition for development after timber harvesting.  Applicant stated that there was no intention to subdivide or build on the properties, except the approved SFD (for personal residence).  Application heard as a Skech Plan.  Site Plan Review in January 2012.  

Applicant showed up for Jan 3, 2012 PB meeting without being on the agenda.  PB accepted the new information presented and heard applicant.  Above information requested in December was not discussed.  Public Hearing was waived.  Neg Dec for short SEQR and application was approved as submitted with verbal changes to original plan (logging road will be existing switchback road constructed for SFD, not the old logging road to the north as presented prior; landing/header next to existing SFD not adjacent to Shaw Rd as presented prior). Condition on this approval that no development of the land is permitted for 7 years (discussed with the applicant at the Dec 2011 meeting and he agreed).

Barton (updated 3/4/13)

Project Summary: Application Type: Area Variance AV38-2012 and Site Plan Review 2-2013; Applicant: Curtis D. Dybas; Owner: Richard Barton; Location of Property: 3 Rose Point Lane; Tax ID: 264.07-2-6; Zoning Classification: RSH; Property Size: 0.155 acres; Project Description: Requesting an 8 ft. variance where 15 ft. setback is required; the north side setback will increase from 0.5 ft. to 7.0 ft. The south side setback remains at 9.1 ft.; requesting 5.9 ft. variance where 15.0 ft. is required to build a single family season residence.   

Waterkeeper Perspective:  Pre-existing non-conforming lot to replace existing footprint with 56% expansion of SFD. SPR proposes increasing impervious surfaces with walkways and patio within 50ft of Lake George.  Stormwater management calculations are not supported with perc tests to determine distance to groundwater, as the land was referred to as "swampy" during ZBA discussions; landscaping plan has not identified species to be planted and has been presented as approximately 2-6 feet wide.  Buffer should be wide enough to be effective.  A ZBA member asked that the buffer be 20ft wide, but this condition was not included in the ZBA approval of the variances.               

Waterkeeper Comments: See comment letter to the Town of Lake George Zoning Board of Appeals for February 2013 and Planning Board for March 2013.   

Next Meeting: ZBA approved with the conditions that: 1) all pre-existing abandoned tanks be removed; 2) a shoreline buffer "acceptable" to the Planning Board is required; 3) No fertilizers and pesticides to be used on the property; 4) permeable area can't be lower than 78% as stated by applicant. Applicant is on the March 5, 2013 Planning Board mtg agenda.

Project Summary: Site Plan Application #26-2009 submitted by Douglas J. Bauer to construct a four bedroom single family dwelling with attached garage. A new wastewater system and stormwater management system will be constructed. The existing residence will be left but renovated for use as an accessory storage structure only, for property located on 48 Halcyon Lodge Road (251.07-1-53.11).

Waterkeeper Perspective: The Waterkeeper supports that because this project is within 60 ft of Lake George with ledgerock and minimal soil for stormwater management, it should be a major stormwater project.  This will alter some of the proposed infiltration devices within 100 ft of shoreline.  Waterkeeper recommends that the existing boat ramp runoff should be addressed (discussions that the ramp may be closed, as it is not being used), and that the shoreline buffer should be enhanced.  The proposed SFD could be setback closer to the location of the exisiting SFD to increase infiltration distance to the lake and reduce the need for infiltration setback variances (exisiting SFD which is to be retained as an accessory storage structure).

Waterkeeper Comments: The Waterkeeper submitted the following letters to  the Town of Lake George Plannning Board in June and August 2009.  Verbal comments were made to ZBA in September and October 2009 and the Planning Board in November 2009.

Next Meeting:  The Town of Lake George Planning Board indicated that ’screening’ the structure from the lake is an issue and a more comprehensive landscaping plan with native species would be required.  In addition, applicant prepared a minor stormwater project, but PB wants a major (over 15,000sf disturbance, ledgerock and within CEA of Lake George).  Public hearing scheduled for September 1, 2009 and will remain open until the project is closed by the Zoning Board of Appeals (required variances), town engineer has reviewed and signed off, and all changes are made to the application.   ZBA approved all 8 variances after the Public Hearing on Sept 17, 2009 was closed.  Variances were specifically for infiltration within 100 ft of Lake George (85 ft; 49 ft; 18 ft; 8 ft specifically, and infiltration within 100 ft of drinking water/proposed well (77 ft; 53 ft; 26 ft; 10 ft specifically), stating that "...relief cannot be achieved by any other method than granting of an area variance...".)   Variance approvals with the conditions that Tom Jarrett approve the stormwater plans and additional vegetation (supervised by the Zoning Officer) is planted on the shoreline.  Applicant does  not intend to close the boat ramp. 

Planning Board Public Hearing closed on October 6, 2009, and site plan approved by PB on November 4, 2009 with the PB wanting visual sceening from the lake (stating that there were only several pine trees left and ledge rock was everywhere), and the applicant stating that "existing trees will remain but that the planting plan would not screen the house...." 

Bazar (updated 6/11/09)

Project Summary: The applicant proposes the construction of 2 residential buildings on 108 acres on 2 parcels at 2067 State Route 9N (276.00-2-11 & 276.02-1-1).  The parcels are zoned RCM-S2 and RR8.5.  Access will be provided through an existing logging road which will be improved.  Stormwater management will be provided on the existing logging road.  The existing cabin on Hidden Lake will be replaced with a new cabin with a 125’ + setback.  A second, larger house will be constructed to the north.  On-site wastewater treatment and water will be provided.  The project will require variances from the Town of Lake George Zoning Board of Appeals for a 3100 ft driveway with grades exceeding 12% for greater than 150 feet (on the existing road) and for the setback of stormwater controls to streams.  Site Plan review will be required by the Town of Lake George Planning Board. 

Waterkeeper Perspective: The Waterkeeper supports the installation of stormwater management controls on the existing road and provided verbal support for the variance application.  The amount of fill proposed at the cabin site (the entire site will be raised 4 feet); recommend the use of an existing natural depressed area for stormwater management for the cabin area.  Applicant’s representative says that they are doing this.  Several issues with stormwater managment continue to be questioned by the Waterkeeper.

Waterkeeper Comments: The Waterkeeper was contacted by the applicant and provided comments on the site plan.  The Waterkeeper submitted the following letter to the Town of Lake George Zoning Board of Appeals in February 2009 and the following letter to the Town of Lake George Plannning Board in March and June 2009.

Next Meeting:  The Town of Lake George Zoning Board of Appeals approved the application for a variance on a driveway in excess of 15% and infiltration within 100 ft of West Brook based on the fact that the driveway already existed and to require a change to this 1970’s driveway would increase the disturbance on this site.  The infilitration will be shallow, natural basins and not dry wells constructed near the stream. Issue of fire trucks and emergency turnarounds were addressed, and the addition of a dry hydrant (although not committed in writing) will be installed.  PUBLIC HEARING was closed on TUESDAY, JUNE 9, 2009.  This site plan was approved by the TLG PB with virtually no discussions other than asking the applicant’s representitive if the Waterkeeper comments had been read and acknowledging that the Town engineer had signed off.   

Applicant submitted additional application for a utility building next to 9N.  SPR needed for zone.  Project approved with no plans submitted and no discussion by PB.

Bear Pond Ranch (formerly Wild Wild West) (updated 12/8/11)

Project Summary: Sketch Plan Review submitted by Bear Pond Ranch, LLC to construct an amphitheater to accommodate a performance event area, festival area, snowmobilers, establishing a merchant’s area and creating or expanding overland gravity zip line, for property located at 43 Mill Road (277.04-2-22). The applicant submitted a Site Plan review application in April for a proposed temporary 500 seat outdoor amphitheatre to host 14 shows during the Summer 2011.  A conceptual master plan was submitted to utilize existing parking areas with a grass overflow parking area for 100 cars and a proposed 54 car parking area.  The applicant provided a brief report from a traffic engineer stating approximately 2.9 attendees per car were expected, which is consistent with design standards.  The submission did not contain any information regarding stormwater management for the proposed improvements or future.  The application only contained conceptual information on the wastewater treatment systems.  It was not stated if the proposed use would increase wastewater flow. 

SPR 38-2011  -  The applicant proposes the construction of a year-round attraction (zip-line ride) supplementing the existing facilities located at the Wild West Ranch located on NYS Route 9 (277.02-1-42 & 59, 277.04-2-22).  The property is in the RCM-2SB and TC-A Zoning District and is designated Low Intensity Use and Rural Use on the Adirondack Park Land Use and Development Map.  The applicant proposes the construction of a 3450 lf zip-line ride from the ridge of French Mountain down to the existing ranch.  The existing "logging" road will be utilized for access to the upper tower.  Two towers are proposed for construction on French Mountain, which are claimed to be constructed below the tree line and will not be visible on the ridge.  Other towers will be constructed at the main facility.  Parking is proposed for approximately 300 cars with overflow areas for 500 cars on grass surfaces.  Stormwater management is proposed for the parking areas but no information is provided for the access road.  No information is provided for expansion of the wastewater treatment system. 

Waterkeeper Perspective: The Waterkeeper would recommend that stormwater management be addressed for all impervious surfaces on this site, including the additional parking areas (up to 840 spaces proposed).  The Waterkeeper expressed concerns about the application material for the temporary amphitheatre including:  the need for a Master Plan and infrastructure planning; failure to address stormwater runoff; failure to comply with the requirements of Town Code for stormwater runoff; need for additional information regarding proposed wastewater flows and adequacy of existing wastewater treatment; and the need to comply with SEQR. 

SPR 38-2011 The Waterkeeper has concerns that the existing logging road has never received adequate site plan review; several requirements of the Town Code are not complied with; conditions of previous approvals have been met; a jurisdictional inquiry from the APA should be received regarding the existing APA permit; a facility report should be prepared for the wastewater treatment system to evaluate the existing components and recommend system improvements; complete stormwater management plan should be submitted and a visual assessment should be provided for the project.

Waterkeeper Comments:  See comment letter to the Town of Lake George Planning Board April 2011 and November 2011.

Beaulieu (updated 7/15/08)

Project Summary: Site Plan application to demolish two existing residences and construct a 2 story single family dwelling with nine bedrooms, with parking for 6 vehicles for property located at 3602 State Route 9L (252.09-1-3). Stormwater management and a new wastewater treatment system would be constructed. The total of the two existing homes is a 1,600 square feet footprint and 300 square foot of deck area. The new SFD will be 3,040 square feet with a covered porch of 936 square feet.

Waterkeeper Perspective: The area of disturbance is greater than 15,000sf and should be a major stormwater project. The use of infiltration trenches along roads and driveways for stormwater management should be reconsidered. Infiltration trenches installed along an impervious surface that will receive direct runoff without any pretreatment or grass swales tend to capture sediment and leaf debris which reduces the effectiveness of the controls.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for July 2008

Next Meeting: PB questioned the separate doors to the entrances to the house (questionable future rental units or would each family have their own entrance?). PB feels that this project should be a major stormwater project. A floor plan, screening of the house from the lake and the four corners of the building requested to be staked for a PB site visit prior to a Public Hearing.

BBD - Boswell (Hillcrest Subdivision and Lumac Timber Harvest (see 2010 below) (updated 11/23/11)

Project Summary:  Subdivision Plan & Site Plan Review to request permission to subdivide approximately 31.2 acres into 26 lots and Site Plan Application to prepare site modifications for construction of a 2300 foot private road, 24 townhouse residences, municipal water and sewer for property located at 328 Bloody Pond Road  (264.08-1-27). Major stormwater management project with several basins proposed on site.  Municipal water system requires the construction of a booster pump station to address inadequate existing pressure in the neighborhood.  Project proposes clearing of 5 acres on steep slopes.  The Planning Board determined the previous proposal for 16 single family residences required an Environmental Impact Statement.  The stormwater plan has been reviewed by the Town Engineer and believes the remaining items are minor in nature.  The Town of Lake George Planning Board has held the public hearing open for the project.  The Planning Board expressed concerns regarding sewer capcity; deep test pits; Stormwater maintenance plan; protection around the pond; runoff directed towards Robin Lane; coordination with Warren County DPW regarding Bloody Pond Road and views from the Lake.  six members of the public commented at the public hearing expressing concerns.  The public hearing continued on March 3, 2009 with six members of the public commenting.  The applicant submitted a signoff from SHPO regarding site archelogy and the County DPW signed off on issues regarding impacts to Bloody Pond Road regarding drainage pending submission of plans.  The major disucssion point for the Planning Board was regarding sewer credits and if connections were available for the project.  Town Engineer was awaiting a final submission of plans to incorporate all changes for final signoff.   

Waterkeeper Perspective: The Town of Lake George has exceeded the allocated 49 sewer connections granted by the Village of Lake George in 2005 and currently does not have capcity in the Caldwell Sewer District for the proposal.  The current design fails to adequately investigate soils on site to determine if infiltration basins can be utilized.  There is concern about runoff from the improved roadway increasing the flooding problems on Bloody Pond Road. Shared driveways and parking areas would limit the amount of impact to the site by eliminating unnecessary fill and reducing impermeable surfaces. The desire to retain maximum density on this parcel and create a centralized stormwater management area increases the total amount of necessary clearing on this wooded site. Concern for the amount of grading on this site to accommodate the density proposed alters natural hydrologic features of the land.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for December and June 2008.  The Waterkeeper submitted a letter regarding the unavailabile sewer credits to theTown of Lake George Planning Board March and April 2009.  

Next Meeting: The Town of Lake George Planning Board closed the public hearing on March 3, 2009 and approved the application after a negative declaration to a SEQRA on April 7, 2009 with the following conditions: 1)  there will be proper sewer hook-ups before any construction begins and a Land Use Permit is issued; 2) applicant must file a ’blasting plan’ signed by a liscensed blaster; 3) the uncovered archeological site is fenced in (temporarily).   Although the Board was not previously comfortable with proceeding with the application until the sewer credit issue was researched, the lack of ANY remaining sewer credits did not seem to be an issue to approve this application.  At the March 2, 2010 Planning Board meeting, the Town of Lake George Planning Board provided a 90 day extensison for the conditional approval based on outside agency review required (NYSDEC) that is outside the applicant’s control.

2010 -  Lumac Company (timber harvest)
Project Summary:  Use Variance Application # 3-2010 and Site Plan Application # 32-2010 submitted by Lumac Co. (owner being BBD of Albany, LLC) to conduct forestry use in RH zone where forestry use is not permitted for property located at 328 Bloody Pond Road (264.12-1-27).  The applicant proposes timber harvesting staging area and skid road to be located in the RH zone on the property of the approved BBD of Albany, LLC townhouse development.  The applicant claims the proposed staging area will be located where the lower townhouse complex will be located and the proposed skid road will be in the location of the proposed subdivision road.  It is stated there will be no clearing for the townhouse development. 

Waterkeeper Perspective:  A Use Variance requires ’unnecessary hardship’ and ’demonstration that a substantial reasonable return cannot be met without the variance approval’.  Neither of these mandatory criteria were proven, although the applicant did submit (via an independant forester) that an additional $20,000 could be gained from this timber harvest.  In relation to the proposed 24 unit townhouse return on investment, the additional timber harvest revenue was not the break between ’substantial reasonable return’ or not, and therefore the Use Variance should not be granted.  The Waterkeeper feels the addition of timber harvesting after the approved development segments the environmental review.  The Waterkeeper also claims that installation of the skid road in the location of the proposed subdivision road should be considered as starting construction for the development and since the conditions of apprval for the twonhouse development have not been satisfied, these activities should not be commenced.  In addition, since the activities should be considered as initiating the development construction, stormwater controls must be installed.   

Waterkeeper Comment:  See comment letter to the Town of Lake George Zoning Board of Appeals for November 2010 and Town of Lake Geroge Planning Board January 2011.

Next Meeting:  A Negative Declaration was determined after a Short Environmental Assessment Form was completed by the ZBA.  Variance request for timber harvesting was approved with conditions stated in Cipperly’s letter (Town’s forester).  At the Planning Board meeting on January 4, 2011, a Public Hearing was scheduled for the Site Plan Review.  Also the PB asked that the Town’s attorney review this proposed project and comment on segmentation issues regarding the previously approved subdivision.

Blue Lagoon Resort (updated 2/17/10)

Project Summary:   Site Plan Application #41-2009 submitted by Tom Wessling to construct a 24x34 foot two bay garage with attic storage, for property located at 3670 Lake Shore Drive (225.12-1-15).

Project Summary: Site Plan application to improve the parking surface by adding stone dust top course with grading to a new stormwater management system for property located at 3670 Lake shore Drive (225.12-1-15).  Planning Board discussed the application at the April 7, 2009 meeting and scheduled a public hearing.  The plan has been reviewed by the Town’s reviewing engineer and revised plans have been submitted.  

Area Variance Application #28-2009 submitted by Tom Wessling to construct a

Waterkeeper Perspective:  The applicant constructed a commercial parking lot for their motel on the west side of Route 9N prior to Site Plan Review and PB approvals.  A stormwater management plan was prepared for the parking lot (after the fact) consisting of a grass conveyance swale and a pocket pond with a discharge to an existing stream.  The Waterkeeper had concerns about the ability of the proposed stormwater management system to comply with the Town Code for the reduction of stormwater runoff (pocket ponds cannot infiltrate).  Recommendations were made to install a 20’ wide grass filter strip between the parking lot and the pond for pretreatment; shade trees should be planted around the pond for temperature control and the need for subsurface investigations.  Additional concerns of the ability to function during cold climate conditions have been raised. 

The three bay garage presented has been revised for the Feb 2, 2010 PB meeting with the addition of hemlocks to shield the garage from the Rt 9N.  Applicant did not alter site location of the garage (as requested by a Board member), as siting the garage behind existing vegetation would require additional disturbance and stormwater managment.

Waterkeeper Comment:  See comment letter to the Town of Lake George Planning Board for March, June and December 2009 and to the Town of Lake George Zoning Board of Appeals for December 2009.  After the PB meeting, discussions with the applicant to review proposed stormwater plans and make changes per Waterkeeper recommendations.  A site visit was scheduled, but the application was tabled and the Waterkeeper was not asked to visit the site.  

Next Meeting:  Application was approved for hardsurfacing parking lot and stormwater management after applicant’s representative stated that he did not agree with the need to plant trees surrounding the wet pond or in the grassy swale, and a PB member stated that the Town engineer had already signed off.  The application to construct a garage on the parking lot surface is being presented before the stormwater (for the installed parking lot) has been completed and ’signed off’ on the site.  At the PB meeting the applicant stated that the site was still under construction and as builts had not been signed off.  At the February 2, 2010 Planning Board meeting, the applicant presented a location plan for the garage which provided screening and rotated the entrance to be shielded from Route 9N.  The Board felt the accessory building/garage should not be located along the road corridor to protect the corridor visually and felt the wetlands would be impacted by boat trailer turning and storage.  The Board requested the accessory building building be located further away from Route 9N in the forested area which would require a new variance application.

Bolen/Coons/DePace (updated 7/15/08)

Project Summary: Construct a 1,600 square foot single family dwelling with 3 bedrooms and a 2 car garage below for property located at the end of Journey’s End Road in Diamond Point (225.08-1-58.2). A variance was received from the Zoning Board of Appeals and a Subdivision approval was received from the PB. After the approvals, the Town Engineer identified that the house would be located on a 23+% slope, the same location of the house for subdivision approval. Planning Board requested a topo map; applicant stated she could not see spending the money for a topo map and that she was willing to move the house closer to the road to avoid this. PB then stated that if they moved the house forward, they would not require a Site Plan because they would not be building on the slope. The applicant agreed to move the house 20 feet closer to the road to alleviate the need for Site Plan approval.

Waterkeeper Perspective: Movement of the house did not alter the fact that the SFD will be constructed on a steep slope with inadequate stormwater controls (stormwater management was never discussed by the BP). Both the ZBA and PB applications were approved with virtually no discussions by either board.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for June 2008

Next Meeting: A motion was made to withdraw the application (as it was deemed no longer necessary by the PB).

Bosco (applicant is McCall) (updated 11/23/11) 

Project Summary:  Site Plan Review Application 24-2011 to replace existing 21ft x 27ft sundeck.  Repair existing dock.  construct new u-shaped dock for property located at 37 Cramer Point (238.08-1-58).

Waterkeeper Perspective:  Waterkeeper's concern is the impact to the exisitng vegetation on the shoreline with the applicant's house only 25 ft from Lake George.  A vegetated buffer should be conditioned with all docks, as well as fertilizer and pesticide restriction on the property.

Next Meeting:  Public Hearing was held on October 4, 2011.  Application was approved with no conditions and because in the TLG they already have a 'SULFUR LAW' (PB member was corrected that it was a phosphorus fertilizer restriction, not sulfur), there was no need to condition anything.  Buffers were not discussed.

Project Summary:  Site Plan Application #34-2009 submitted by Chris Gearwar, owner being Lina Brand Estate to request permission to conduct timber harvesting, for property located at 752 Diamond Point Road (225.00-1-5).  Timber harvest done 40 years ago, but the logger took too much; therefore poor quality trees exist today and the applicant wants to create a healthier forest.  Large trees on the property are mature and need to be harvested, but some of these trees will remain for ’family enjoyment’. 

Waterkeeper Perspective:  Waterkeeper is concerned with protection of streams, including intermittent, which need to be identified on site map.  Land has steep slopes and in combination with other development projects in the area, limiting the total ampount of basal area removed in this location is recommended.  The Waterkeeper supports applicant filed Timber Harvest Summary stating a minimum of a 50 ft undisturbed strip on both sides of brooks and around ponds.  

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for November 2009.

Next Meeting:  Public Hearing on November 4, 2009.  Application was approved with conditions that silt fencing be extended along the road/ravine, a flagman be present on the road for trucks entering/leaving,  and timber harvesting adhere to Government recommendations (Warren County Soil and Water).  If WCSWCD recommends a 20 ft stream buffer (as they often do), the applicant stated after the meeting that they would require 50 ft on both sides, regardless. 

Brining (Village Estates) (updated 12/12/11)

Project Summary: Area Variance 11-2011 and Site Plan Review 33-2011 to construct a 20'6" x 13'6" one car garage with storage above and a 18' x 10' three season breezeway on left end/west side of house.  The applicant is requesting aa 17'9" side yard variance where 20ft is required. Site Plan Review within 300 ft of Lake George will require a Public Hearing.

Waterkeeper Perspective: Waterkeeper supports the expansion with minor stormwater management to the property.  Village Estates HOA has recently installed stormwater management to HOA common areas and roadways. Waterkeeper met with HOA in 2010 to discuss proposed SWM for the HOA common areas.  Applicant has an individual dry well in the back of the property and drainage has been installed as well as stones to catch the water from the roof.

Waterkeeper Comment: Verbal comments were made during ZBA meeting inquiring if drywell used for infiltration of stormwater was on applicants property.  SWM has been installed for the individual SFD.

Next Meeting: Variance approved September 15, 2011 with condition that Site Plan Review would be scheduled after major SWM had been completed on the HOA common areas.  November 1, 2011 SPR was approved by the Planning Board.

Brookside Townhouses (updated 8/4/10)

Project Summary:  Applicant proposed the construction of 19 two story townhouses for property located on State Route 9L(264.11-1-31).  Project (Application #13-2007) received approval in December 2008 with conditions.  Project subsequently required submission to the APA who determined jurisidction due to impacts to wetlands.  Through APA review, substantial changes were made to the approved plan including relocation of units to reduce impacts to the stream corridor.  The APA deemed the application complete after 15 months and opened a public comment period.  In the interim, the adjacent wetlands have been drained and NYSDEC has been notified. 

Waterkeeper Perspective:  Waterkeeper contacted APA and was told that they would complete a Notice of Incomplete Application (NIPA) to send to the applicant after 8/7/09.  Waterkeeper has FOILED this document from the APA.  The Waterkeeper submitted extensive comments to the APA: Utilizing "lands under water" in density calculations; SEQR process was incomplete and not properly coordinated; impacts to the riparian buffer along the stream; Need for approval from Town of Lake George Planning Board; Clearing limits do not accurately reflect field conditions; Impacts to wetlands from development activities; and available sewage capacity for project.  The Waterkeeper provided additional comments on the project to the Town of Lake George including a lack of APA permit, failure to meet conditions of previous approval such as failure to provide No Cut Zone along stream and failure to provide adequate plantings in the stream corridor and requested a public hearing. 

Waterkeeper Comment: Wetlands and East Brook will be impacted by the approved density (19 townhouse, swimming pool, tennis court, community center and a parking lot).  See comment to Adirondack Park Agency July 2010.  See comment letter to Town of Lake George Planning Board August 2010. 

Next Meeting: Applicant has moved/relocated some townhouse units and anticipates that this will "...hopefully be more in line with the APA..." based on July 14, 2010 letter.  The Adirondack Park Agency held a public comment period that closed on July 8, 2010.  The Town of Lake George Planning Board scheduled the application for review of modifications at the August 3, 2010 Planning Board meeting.  The project was tabled from the agenda of the August 3, 2010 Planning Board meeting at the request of the applicant.  The APA is investigating an allegded removal of a beaver dam and reviewing comments and has not issued a permit.  On 9/7/10, the PB approved the application as submitted with no new SEQR required as the Board felt that changes made to the application were not significant.  APA final permit is required.

 Campanella (updated 8/7/08)

Project Summary: Application for construction of a single family dwelling (SFD) on Old Coach Road in Diamond Point (225.08-1-32). The 1.2 acre site is located in 10 acre zoning, approved as part of a cluster subdivision 30 years ago. Soil, asphalt and other construction debris has been dumped on severe slopes on the site to create a building site level with the road. The house proposed is 82 ft wide with 3 large retaining walls necessary to support the fill required to complete the proposed project (approx 16 – 20 ft of fill).

Waterkeeper Perspective: The on-site wastewater treatment system (OWTS) is proposed on slopes exceeding allowable standards with unspecified fill necessary, conflicting with the details on the site plan (as of 8/5/08, OWTS moved slightly downhill to 15% slope location). Stormwater open bottom inlets need to be reviewed for adequate soil conditions in order to function adequately in cold weather conditions (as of 8/5/08 crushed stone would be used as a mini drywell below frostline). An existing stream bordering the project to the south has been impacted by the fill imported to and dumped onto the site.

Waterkeeper Comments: See comment letters to the Town of Lake George Planning Board for May and July 2008.

Next Meeting: Although the house will be visible from the lake some 1.75 miles away as seen from just west of Diamond Island (determined by balloons that were flown and the fact that the neighboring houses are visible), no additional vegetation (3 sugar maples and some white pines were proposed) was required by the Planning Board prior to approving this application. Discussions about the impacted stream, large home on the small lot and other vegetation and stormwater management issues were not discussed.

Casale (updated 12/8/11)

Project Summary: Site Plan Application #33-2007 for construction of a single family dwelling (SFD) on Hubbard Lane Ext (251.10-1-28). Site plan applications have been in front of the Town of Lake George Planning Board for over two years (original application filed by Frank Thomas). Site plans have been amended several times to address the site constraints; severe slopes with mature forest and the uphill proximity to English Brook. The general conclusion of the PB has been that the 40% slope within 80 ft of English Brook is too steep and would require too much disturbance and vegetation removal to maintain the current integrity of the land and protection of English Brook.

Waterkeeper Perspective: The Planning Board requested that the applicant move the SFD off of the steep slope and this was presented at the July 1, 2008 meeting. Applicant’s representative could not answer the total reduction of disturbance by this minor change to the house location, but the Waterkeeper had previously shared with the PB that the limits of disturbance had been reduced by only a negligible amount from the original submission, and that the steep slopes would be impacted. Stormwater management was reduced to one dry well which is connected to the driveway, roof drains and a small infiltration trench. Runoff from a 50ft infiltration trench was not addressed. Recommendation that this become a major stormwater project was not addressed. Per applicant’s representative, there would be a ‘stormwater management maintenance plan’ in place and that the homeowner would be told “…that he has an on-going responsibility to maintain it and it would be noted on the filed map…”.

Waterkeeper Comments: See comment letters to the Town of Lake George Planning Board for May , June and July 2008.

Next Meeting: Project approved 7/1/08 with conditions to install ‘Do Not Disturb’ fencing before any tree cutting or site clearing and installing a double row of silt fencing during construction (to be checked every 24 hours).

After Construction began in October 2008:  A Waterkeeper letter was sent to Robb Hickey, Zoning Enforcement Officer requesting investigation of site under construction Nov 2008.  Silt fences were improperly installed and erosion is occuring on the 45% construction slope down to English Brook, with sediment evident at the base of the slope.  Snow fences, intended to define limits of clearing and areas not to be disturbed, are not located per the approved site plan.  Disturbance extends into the approved no disturbance designated area.  The construction site is not being monitored daily to ensure appropriate building practices, which had been conditioned by the Planning Board.

November 2009:  A STOP WORK ORDER was issued by the Town of Lake George.  The 7/1/08 Planning Board approval did not include the retaining walls that have been constructed (one 10 ft in height, one 16 ft in height).  The applicant constructed two retaining walls, altered the design of the single family dwelling (with a three story structure and an underground garage (not presented to or discussed by the Planning Board).  What has been constructed on the property is what was initially presented to the Town in 2005 by Frank Thomas (which was not approved).  The Town Board will review the project at the Feb 2010 Town Board meeting and may recommend an ’after the fact’ Site Plan Review by the Planning Board.

June 2010: The Town Board recommended Site Plan Review for modifications to the approved plan.  The applicant claims the construction of the walls were necessary to protect the house and from washouts into English Brook.  The applicant has changed engineers and submitted a letter assessing the current site development and providing recommendations that included keeping all retaining walls.  The Lake George Waterkeeper submitted a letter to the Town of Lake George Planning Board April and May 2010 with comments regarding the information missing from the plan necessary for a decision from the Town.  The Planning Board tabled the application at the June 1, 2010 Planning Board meeting pending a report from the Town Engineer. 

May 2011:  At the May 9, 2011 Lake George Town Board meeting, the Town Board passed a resolution lifting the Stop Work Order (SWO) on the property to allow Casale to remove the retaining walls, stormwater swale and relocate the house as per the approved site plan. Upon investigation, it was realized by the applicant (after the SWO was lifted) that the house could not be moved due to its construction.

October 2011:  At the 10/4/11 PB meeting, the location of the SFD was discussed as well as the structural integrity of the retaining wall.  The applicant was asked to appear before the 10/17/11 Town Board whare a resloution was made: 

December 2011:  At the December Town of Lake George Planning Board meeting, the site plan modification asked for the removal of two blocks [courses] from the existing retaining wall as recommended by the PB. The additional changes that had been constructed on the site were also listed with the application.  PB did not agree with the applicant's representative that there were "...only slight modifications that had been made to the house and retaining wall..." (the retaining wall was never approved on the original application) and that the only changes requested on the site were to remove two blocks from the wall.  Town attorney was present at the PB meeting, and stated that WHY the changes to the construction occurred (intentional or not)  was irrelevant legally, but that if the PB made suggestions for modifications to the site, that the PB as a whole should be on board (should the applicant chose to move forward on those suggestions).  A PB member suggested that an 'engineered wall' that was terraced up the slope to the house with trees and shrubs within the terraces may fit the site (there would be no lawn area left next to the garage/walk out basement...which too was not on the original approval).  This suggested plan would entail removing the exisitng wall and rebuilding it.  Applicant stated that the house would be unstable, which was contrary to his March 15, 2011 document stating "..that the wall does not support the building.  The building foundation is independent of the wall and does not rely on the wall for its support."  APA is involved as the height of the building is 44 1/2ft (vs. 40ft), septic soils need to be retested and its been determined that it is a Class A regional project.  Applicant asked to come back with new plans that would ensure a stable retaining wall.

Catlin (updated 12/8/11)

Project Summary:  Area Variance #6-2011 submitted by Dennis Catlin to remove existing garage and replace with a new 28x40 one story garage 36 inches from the westerly property line requesting a 2 foot variance for property located at 836 Diamond Point Road (225.08-1-3).

Waterkeeper Perspective:   The Waterkeeper has concerns about the size of the proposed garage (4 times what is currently in that location) and the fact that the structure is on the edge of a steep slope to Smith Brook, with erosion already present on the stream bank.  The septic system was not identified on the site.  An alternative location for this structure should be considered.  The lot may not be appropriate for such an additional large structure and to fit the character of the neighborhood.  The applicant wishes to house 3 cars, a boat and a van in this large structure.

Waterkeeper Comments:  See comment letter to the Town of Lake George Zoning Board of Appeals for May and July 2011.  Photos after Tropical Storm Irene were printed and presented to the Board at the September 15, 2011 ZBA meeting.

Next Meeting:  ZBA  asked the applicant to consider another location for the garage and to have an engineer evaluate the stability of the slope.  Public Hearing was closed.  Applicant tabled for July ZBA mtg (on day of mtg/three member ZBA board).
On September 15, 2011 the ZBA unanimously denied the variance request stating that there would be an undesirable change to the neighborhood, the request could be acheived in another way (reduce structure size), and that the area variance would have an adverse environmental impact.

CEG Development (updated 11/24/09)

Project Summary: CEG Developers, LLC, owner Allen King to subdivide 84.59 acres into 37 lots (36 residential and 1 commercial) for property located on the north side of Route 9N (Luzerne Road) immediately west of I-87 Exit 21 (264.03-1-75). The project borders the Northway and the lands of the State of New York (Prospect Mountain). A tributary to West Brook flows through the site. The commercial lot proposed would be approximately 13 acres and would require the excavation of a 60 foot hill, which is not planned for this phase. The proposed residential lots would be serviced by on-site wastewater treatment systems and wells.  Major Stomrwater management is proposed for all phases of the project with three large infiltration basins (one utilizing a large existing forested depression).  Access for the site will be through a single curb cut onto Toute 9N, currently proposed being offset to Coggins Road.  The applicant proposes to clear 34 acres for the residential development with an overall impervious area of 7 acres.  Variances have been granted from the Lake George Consolidated Board of Health for all potential noncompliances with the regulations except horizontal separation distance to surface waters (200 feet required).  The Planning Board expressed concern about the location of the proposed curb cut.  The Town Engineer has reviewed the plans and is close to approving the stormwater management plan.  There was three members of the public who commented in December.  The Town Engineer has determined the outstanding issues were - the entrance configuration for the site; the open vs. close stormwater conveyence system; the extent of clearing and the majorvs. minor stormwater for individual lots.  At the January meeting, the applicant has offered the installation of some dry wells to reduce stormwater flow and reduced clearing limits.  The revised lans for the March meeting incorporated 8 drywells into the stormwater collection and conveyance system, provide an alternative design relocating the road and lots to reduce clearing and provided a letter from a hydrogeologist regarding the on site soil capability to adequately handle stormwater and wastewater on individual lots.  The Planning Board reviewed the Long Environmental Assessment Form and declared a negative declaration.  

Waterkeeper Perspective: The project proposes significant alteration to the existing topography and hydrologic patterns in a critical natural area. The grading proposes to fill numerous natural depressions that attenuates runoff from the site and provides natural filtration. Due to the road location and the proposed commercial lot, a 60 foot hill will eventually be removed for the development, impacting wildlife habitat, natural drainage and the adjoining neighborhood. Recommendations to utilize Low Impact Development design concepts to plan the layout of this subdivision such as open vegetated swales for stormwater conveyance, reduction in the width of paved streets and reducing the amount of clearing proposed.  In addition, every lot except 1 fails to provide the required 100 foot separation distance between stormwater infiltration basins and subsurface wastewater treatment systems.  Finally, there continues to be errors in the stormwater management report which misrepresents the existing and proposed stormwater runoff values.  The Waterkeeper recognized the incorporation of a stormwater management basin in an existing forested depression, reducing the clearing limit and adding infiltration to the stormwater collection system.  However, the Waterkeeper maintained concern about the level of disturbance and earthwork required, the need to consider all individual lot development as major stormwater management plans and the need to provide open vegetated swales instead of closed piping stormwater conveyance. 

Waterkeeper Comments: See comment letters to the Town of Lake George Planning Board for March,  August , December 2008 and January , March 2009.

Next Meeting: The Town of Lake George Planning Board approved the project on March 3, 2009 with conditions: Town Engineer approval; waiver on greater than 20 lots on a cul-de-sac and commercial property must come back for site plan review.

At the 8/4/09 PB meeting, it was determined that clear cutting had occured on the site prior to PB approvals.  The applicant was then granted a 90 day extension to dig 3 test pits and then return to the PB with the following conditions:  1)  No more cutting of trees unless an engineer is on site (applicant clear cut the entire right of way).  Applicant stated that they "...took too many trees down..." when they were to have only cleared enough to get rigs in to drill; 2) Open swales into plans vs. the approved enclosed pipes; 3) $400 recreation fee / lot (to be paid before plat is signed); 4) reseed disturbed area; 5) SWPP requirements; 6) applicants to document what was clear cut.

At the 10/6/09 PB meeting, Jon Lapper (attorney for the applicant) requested a compromise regarding the 8/4/09 PB conditions to now install open swales on the site.  Applicant requested open swales on the upper cul-de-sac only.  DOH approvals were submitted.  One PB member didn’t want to see the site plans again as long as Town engineer signed off.  Subdivision was approved with conditions that Tom Jarrettt sign off. 

Christiana (updated 3/4/13)

Project Summary: Application Type: Area Variance AV36-2012 and Site Plan Review  72-2012; Applicant: Cheryl Christiana; Agent: Rucinski - Hall; Location of Property: 64 Christiana Court; Tax ID: 238.20-1-28; Zoning Classification: RCH-LS; Property Size: 0.014; Project Description: Requesting a 17 ft. variance where 20 ft. setback is required to add a family room; the building will be 3 ft. from the southerly property line.  

Waterkeeper Perspective:  SFD on pre-existing non-conforming lot to be expanded to 2000sf on slope to the lake.  Proposed rain garden is not designed to function as a rain garden, but appears to be a strip of perennial flowers.  Stormwater management (SWM) should be required beyond the eve trenches proposed for the new additions, as this property predates required SWM. A shoreline buffer has been conditioned with this project.  The Waterkeeper supports pinning to the ledge rock vs. blasting on the shoreline.   

Waterkeeper Comments: Verbal comments at ZBA Public Hearing and written comment letter to the Town of Lake George Planning Board for February 2013.   

Next Meeting: ZBA approved with the conditions that a rain garden be installed on the lake side of the new addition as "approved" by the Planning Board.  A Public Hearing is scheduled for the March 5, 2013 Planning Board meeting.  

Clairview II Subdivision (updated 1/5/11)

Project Summary:  Modification to Major Subdivision Application #3-2009 submitted by Sweet Toney LLC to reduce into 12 lots, 11 individual lots and the area to make up the right of way, for property located off Truesdale Hill Road and Diamond Point Road (224.02-1-24, 225.00-1-30, 225.00-1-33, 225.00-1-41, 225.00-1-42, and 225.00-1-44).

Agenda description is in error.  It actually should read: 11 lots, 10 individual and the area to make up the right of way...

Project Summary 2009:  Applicant proposes to subdivide approximately 252.5 acres into 13 lots, 12 individual lots and the area to make up the right-of-way for property off Truesdale Hill Road and Diamond Point Road (224.02-1-24, 30, 33,41, 42 & 44).  The property is located in two Zoning Districts - RR-5 and RR-10.  Lots vary in size from 1.7 acres to 143.7 acres.  A road is proposed off Diamond Point Road to access the 12 building lots.  The road will be designed to Town Standards and has been discussed with Town Highway Superintendant.  The lots will be serviced by on-site wastewater treatment and wells.  A major stormwater management plan has been prepared for the project.  The applicant proposes a cluster subdivision with the lots clustered off the access road off Diamond Point Road. 

Waterkeeper Perspective: The Waterkeeper has concerns about the cluster development proposal that applies unbuildable area to density calculations, which may increase total density beyond capacity.  The Waterkeeper has concerns about the extent of the earthwork proposed and ability of the site to mitigate stormwater.

Modification to Major Subdivision Application #3-2009 was presented by the applicant in order to avoid Adirondack Park Agency jurisdiction as a Class A Regional project. Questions regarding ’conventional layout’ have never been adequately answered by applicant/PB.

Waterkeeper Comment:  No public comments at this time on the application.

Next Meeting: The Town of Lake George had a public hearing for this project in April 2010 with much concern from local residents.  The 2009 application was approved, as well as the modification in January 2011 to reduce 2 lots to avoid APA review.  Applicant is interested to begin construction soon on his person SFD on the 144 acre lot  (this lot has a restriction that it cannot be subdivided for 7 years). 

Clark (updated 6/23/10)

Project Summary: Applicant proposes to construct a single family dwelling with a driveway, stormwater and wastewater system for a property located on Mohawk Mountain Road (227.01-1-22).  The property is part of the previously approved Mohawk Mountain subdivision plan.  The applicant claims the lot was previously cleared and prepared for development but there was no site plan review preformed by the Planning Board.  The on-site wastewater treatment system (OWTS) is proposed to be a fill system with suitable material to be placed due to the rapid percolation rates of the insitu soil.  Water will be supplied through an on-site well.  Three small infiltration basins are proposed for stormwater management.  The applicant claims this should not be considered ridgeline development since the house will not be right on top of the ridge.

Waterkeeper Perspective: The Waterkeeper has concerns about the stormwater management system (underestimating flows, lack of calculations and need for amended soils for increased treatment), the OWTS (unsuitable soils on site and the lack of information on the plan regarding setbacks and septic tank size) and the ridgeline development.

Waterkeeper Comment:  See comment letter to the Town of Lake George Planning Board June 2010.

Next Meeting: The Town of Lake George Planning Board held a public hearing on June 1, 2010.  The Planning Board held the public hearing open and requested additional information - locate the neighbors well, address the ridgeline development concerns and provide additional test pit information to verify bedrock and justify the proposed house location.

Cohold Townhouses (updated 7/23/12)

Project Summary: Area Variance Application #2-2009 submitted by Cohold, LLC to construct a 24 unit townhouse development.  The applicant is requesting a 14 unit density variance for property located at Route 9L and Bloody Pond Road (264.08-2-30, 264.08-2-31, 264.08-2-32 and 264.08-2-33). The project will require a variance for density (10 units permitted in RH/RCH Zoning Districts) . The project proposes connections to the Town Sewer and Water District and will provide a single access from Bloody Pond Road.

2011 REVISED SITE PLAN Variance - The applicant requested to modify a previously apprvoed 24 unit townhouse development to 19 units (7 allowed) on a total of 3.16 acres.  The revised site plan is a result of a failure to obtain one of the parcels previsouly included in the site plan.  The previous variance was granted in October 2010 for 24 units (10 allowed).  The applicant attempts to justify the variance modification since it decreases the total number of units previously approved, states the percentage of permeability has increased.

Major Subdivision #4-2011 and Site Plan Review #26-2011 (264.08-2-33) -
At the 9/27/11 Planning Board meeting the Sketch Plan was presented.  It was then stated that there would be no Public Hearing until all information had been submitted for the proposed 19 townhouses (approved by ZBA as a 270% variance AV #2-2009).  

Waterkeeper Perspective: The Town does not have the available sewer connections for the project and has exceeded the total number of connections granted by the Village of Lake George. The developer has calculated the current wastewater flow rates for the existing use to maximize the gallons per day (gpd) using flow specifications from the TLG.  The use and occupancy presented does not currently exist.  Analysis of the Village of Lake George water meter history shows that the proposed townhouse property used less than 2000 gpd as an average for all years 2003 through 2008 with a peak usage for Aug - Oct 2008 at 4654 gpd (which is comparable to the 10 EDU’s allocated by Caldwell Sewer.  The application proposed states that currently the site uses 12,135 gpd and that the new proposed townhouses would use less than the existing gpd, or 9600 gpd.  The applicant stated that there would be less of an impact after development of the new townhouses.  The VLG has assigned 10 EDU’s to the property (which correlates to the parcel’s current zoning density of 9.78 SFDs allowed). This project will increase water demand and may further impact water pressure, which is a concern to residents within the Mockingbird Hill HOA.  Previous developments that have been proposed and approved in the neighborhood have discussed concerns regarding water pressure.  The applicant stated at the 4/23/09 ZBA meeting that a booster pump would be installed for the townhouse water pressure.  A stormwater management plan has been submitted, but with the level of development proposed and its existing steep slopes (31% of the site is over 15% slope), runoff from upland areas, storm sewer conditions downstream and shallow groundwater continue to be issues.  The ZBA continued to express a desire for a reduction in the density being proposed until the project’s approval as submitted on October 21, 2010.

2011 REVISED SITE PLAN Variance - Many of the Waterkeeper’s concerns remain on the project - the requested modification acturally increases the proposed density, the modification increases the substantiality of the variance to 270%, Zoning Board’s Findings of Fact on the previous approval were in error and the projecy will have a adverse impact on the environment and community.

Major Subdivision #4-2011 and Site Plan Review #26-2011 (264.08-2-33) - The applicant continues to state that "...all existing sediment, nutrients and pollutants currently go directly into the lake...." (and on May 2012).  Question was asked who would maintain the 12 rain gardens and PB was told that the Homeowner Association would maintain the ponds and the rain gardens.  No plan was submitted regarding the details.  Concerns of PB regarding clearing and light penetration from subdivision into Mockingbird homes.  At December 2011 and the May 2012 meeting, the entire project was again summarized by applicant, stating that this was a "...Low Impact Development project...", although the entire site will be cleared of trees and vegetation, and graded prior to construction.  Project was initially proposed at 25% impervious, but now is being proposed at 35% impervious.  The applicant stated at the May 2012 PB meeting that the slope was 8% and less, and that the steep area above had been man-made.  The PB was split on recommending that the townhouses on the steep slopes be moved closer to the road to avoid disturbance there (comparable to the advise of the Town Engineer's recommendation) and other PB members who thought that spreading the building out on the steep slope was more "...palatial'and elegant...and give everyone elbow room."  The audience who spoke at the Public Hearing reminded the PB that the density on the site had been granted a 270% variance, and this was the main issue of the site...too dense for the land to adequately accomodate (hence the site is proposed to be entirely cleared and graded).  Applicant is not interested to move upper builidngs, because "...aif they move them down, they won't be as saleable aesthically, as these are higher end buildings..." 

Waterkeeper Comment:  See comment letters to Town of Lake George Zoning Board of Appeals for March, April and August 2009, with Verbal comments made on September 17 and October 15, 2009.  Additional ZBA comment letter on July 2010.   See the Waterkeeper’s comment letter regarding the revised site plan to the Town of Lake George Zoning Board of Appeals February 2011.

Major Subdivision #4-2011 and Site Plan Review #26-2011 (264.08-2-33) - See comment letter to the Town of Lake George Planning Board for SPR September 2011 and April 2012. 

Next Meeting: Discussions at the March 19, 2009 and 4/23/09 ZBA meetings questioned the current and proposed water useage calculations (which resulted in revised calculations submitted by the applicant; specifically increasing current and future volumes).  Most ZBA Board members continued to express that the variance was too great.  The ZBA asked for the town engineer to  review the stormwater management plan for the proposed townhouse units.  Public continued to ask that density be reduced, regardless of engineer’s stormwater management sign off.

The Public Hearing was closed at the 10/15/09 ZBA meeting with the stipulation that if 62 days passes and no ZBA decision has been made, that the applicant will extend the time limit until a ZBA decision is made (only four Board members were present at that October 2009 meeting).  One ZBA member asked that one bank of townhouse units on the plan (specifically the upper ones with a view of the lake) be removed.  The applicant stated that they couldn’t afford to build if any units were removed from the plan.  During the almost two year process, the applicant reduced the number of townhouse units to 24.  At the 10/21/10 ZBA meeting, three ZBA Board members were present and unanimously approved variance application #2-2009 for 24 townhouse units to be built (10 townhouse units allowed in these zones).

2011 REVISED SITE PLAN Variance - The requested variance modification was on the February 17, 2011 Town of Lake George Zoning Board of Appeals meeting agenda and the 270% necessary variance (19 townhouses approved where 7 are zoned) was unanimously approved as submitted with "previous conditions".  Discussion that the entire lot would need to be cleared was concluded by the Baord that this was not true, although clearing is proposed for the entire slope below the upper townhouses with a minimal buffer left on Bloody Pond Road,  

Major Subdivision #4-2011 and Site Plan Review #26-2011 (264.08-2-33) - PB chair stated that the Public Hearing would not be opened until Jan or Feb 2012 (when all information had been submitted).  SPR scheduled for 12/6/11 PB meeting.  At the December PB meeting, some members of the PB were concerned about the 40% slopes at the top of the property (where a townhouse unit will be located) and the fact that the large mature oak trees among others will be removed with all other vegetation on the lot.  The Public Hearing is tentatively scheduled for February 2012 (after Town engineer reviews the Stormwater Management Report).

At the first Public Hearing on May 1, 2012 for Site Plan, the applicant and Town Engineer had not completed their work together, and therefore the applicant was once again on the agenda prematurely, contrary to the Dec 2011 PB requirement.  The steep slopes that were an issue in Dec "...no longer exist on the site..." per the applicant's presentation in May 2012, until the Town engineer explained to the PB and audience that an engineer can manipulate the site on paper, which is why the slope became only 8% grade.  PH left open, applicant's engineer and Town engineer will review new plans (presented to the PB at the May 1 meeting) and PB is going to visit the site before the next meeting.  

June 12, 2012 PB meeting - 19 townhouse units were approved as submitted (270% variance necessary for density) despite a PB member stating that the "...variance is too large..." (who voted NO to the project as presented). and another PB member stating that "...19 units is too much...", but then continued to state after the Public Hearing was closed that the "...lake doesn't know if there are 19 or 10 units...stormwater management is not there now...", which was the sales pitch for the new townhouses for the past 3 years. SEQR was completed with no impacts to the environment. Conditions on the approval: 1) Applicant mitigate neighbors request for fence or buffer (for one home on Mockingbird Hill); 2) Trees to be kept and retained as much as possible; 3) Fire access road; 4)Town engineer to sign off on SWM and project; 5) Town engineer to monitor the project; and 6) Applicant AS-Builts signed off at end.

Collette (updated 11/29/11)

Project Summary: Site Plan Application #32-2010 submitted by Ken Collette to install a 6ft x 50fty walkway from exterior deck to boathouse deck at 35 Front Street (251.20-1-26).  PB determined that this project needed a variance for a structure within 50ft of the lake.

Waterkeeper Perspective:  Waterkeeper does not support a walkway on the shoreline.   The magnitude of density on the property (five cabins and a SFD), the excess impervious surfaces (parking lot, steep driveway to the lake and stairs), and minimal setbacks with an unbuffered shoreline made this proposed project unfavorable.

Waterkeeper Comment:  See comment letters to the Town of Lake George Planning Board September 2011 and Zoning Board of Appeals October 2011.

Next Meeting: PB did not favor the walkway due to its appearance and asked that the applicant screen it with trees and vegetaion.  ZBA did not favor the project stating that it was too much density for the property, that the walkway was not consistent with the character of the neighborhood and that the reasons for the variance could not justify approval.  Therefore, the variance was unanimously denied. 

Corbett (updated 3/4/13)

Project Summary:  Application Type: Area Variance AV35-2012; Applicant: Curtis D. Dybas; Owner: Chris Corbett; Location of Property: 31 Old Lake Rd; Tax ID #: 252.09-1-12; Zoning Classification: RS-1; Property Size: 0.444 acres Project Description: Requesting a 17 ft variance to remove existing structure and replace it with new residence where 37 ½ ft is required; the structure will be 20 ft. from property line.

Waterkeeper Perspective:  Waterkeeper supported sketch plan/variance application which proposed minimal disturbance to this property.  Site Plan Review application revealed additional details that should be addressed.  Shoreline buffering and rain gardens should be required in landscape plan vs. the 'ground cover' as vegetative replacement for shoreline disturbance (waterline installed).  A major stormwater management plan should be required on this steep slope adjacent to Lake George. 

Waterkeeper Comment:  Verbal comments were made during the Public Hearing at the 12/20/12 ZBA meeting, and written comment letter to the Town of Lake George Planning Board for March 2013.    

Next Meeting:  Site Plan Review is scheduled for the March 5, 2013 Planning board meeting.

Cornelius (updated 12/8/11)

2010 Project Summary: Site Plan Application #20-2010 submitted by Rodney W. Cornelius to add a 16’x40’ swimming pool, enclose part of deck for sunroom, build closet storage above garage and add a carport, for property located at 4 Vandecar Lane (238.19-1-49). 

2011 Project Summary: Site Plan Review 37-2011 submitted by Rodney W. Cornelius to construct a 50ft long 76ft wide wharf with rock filled timber cribs and a peaked roof over a protion of docks for property located at 4 Vandecar Lane (238.19-1-49).

Waterkeeper Perspective:  Applicant stated at the 7/6/10 PB meeting that they were working with the Waterkeeper on a shoreline buffer.  Project began without SPR.  Exposed soils downslope to the lake remained into the fall, as the project’s construction site was more extensive than originally proposed in the submitted application. 

SPR 37-2011: Information shared with PB and applicant regarding crib docks vs. pile docks.  Most lakes do not permit crib docks because of the disturbance to the lake bottom and impeded water/sediment flow.  

Waterkeeper Comment: See comment letters to the Town of Lake George Planning Board July and August 2010. 

SPR 37-2011 Verbal comments and photos distributed at PB Public Hearing for boat house and dock constructed with poles (piles).  Suggested construction would use more favorable pole or pile dock vs. rock filled crib dock.  This dock is not currently a crib dock, so it is not necessary to grandfather.  Many lakes do not permit the disturbance to the lake bottom created by a crib dock.

Next Meeting: PB waived the Public Hearing.  Chairman stated that there were two letters submitted in favor of the project (neighbors).  There was no mention of the Waterkeeper’s letter or comments.  Applicant said that they were planting trees on the shorleine, but no planting plan was submitted or requested.  Application was approved with no PB discussion of stormwater or OWTS.

SPR 37-2011 PB approved the new boat house and docks with no conditions. 

Waterkeeper Perspective:  Applicant received a 3 year extension on March 20, 2008 for a previously approved variance (16 acre variance for density was given in 2006).  The approval was not the minimum variance necessary at that time.

Waterkeeper Comment:  This application was not open to a public hearing. 

Next Meeting: ZBA approved another three year variance extension after previous three year extension granted in 2008 .  Applicant was not present to answer ZBA questions on this project, although representation is required at the ZBA meeting in order for the project to be considered.  

Cresthaven Lodges - VOJAC, Inc  (updated 4/14/09)

Project Summary:  Site Plan application to modify previously approved SP 45-2004 to allow a 6 unit building and a 3 unit building instead of the 13 unit building in order to comply with APA height limitations for Cresthaven Resort Redevelopment - Phase IV for property located at 3210 Lakeshore Drive (238.16-1-17.13).

Waterkeeper Perspective: The revision to the previously approved Phase IV by the TLG with the change in the 13 units as one structure to two structures (one building with four units and the other with 9 units proposed to be 53 ft in height, requiring a 13 ft varaince relief) has been altered again to be 3 buildings vs 2, with the height variance needed for only one of the buildings (a 6 unit). The latest proposal was filed with the APA as well as the TLG.  The APA determined that this project was "non-jurisdictional if the size of the 6 unit building was less than 13,410 sq ft.  Floor plans were not submitted with the application, therefore the size cannot be determined, although it appears larger than APA maximum permitted, which would require a variance (this was not discussed by the ZBA).  The total parking increased from 25 (in the original approved application) to 37 spaces.  No detailed floor plans have been submitted for the latest revisions, although the Planning Board granted approval to begin construction on one of the three buildings (the 4 unit structure), segmenting the entire project.  Site Plan Review is recommended due to the change in structure and the relocation of reserve leach fields and infiltration areas.   The revised layout to a three building complex sited two of the reserve absorption fields to be located within the 100 foot setback to Stebbins Brook and one of the buildings with a setback of 30 feet to the brook.

Waterkeeper Comment: See comment letter to Town of Lake George Zoning Board of Appeals for August and December 2008 and February 2009 and comments to the TLG Planning Board for March and April 2009.  The Waterkeeper has tried unsuccessfully to have the Public Hearing reopened by both the ZBA and PB because of a change in the proposed building layout and structures, virtually a new application.  There was never a Public Hearing for this application.

Next Meeting: ZBA Public Hearing was closed August 21, 2008.  The application was voted on by the ZBA with the conditions that a letter needed to be submitted to the APA and that there be a modification to the SEQR.  The vote, with only a three member ZBA Board on 8/21/08, resulted in a denied application (with one ZBA member not approving the application for the variance as presented). Applicant’s attorney requested that the application then be tabled until a full ZBA was present to vote. Application was tabled on 9/17/08 for the ZBA meeting (also moved after that date from a Public Hearing to a Regular meeting). Question (on 9/18/08) as to whether the PH should have remained open based on the apllicant’s request to table ’after the fact’ (vote ended in a denial).  Per TLG attorney on 9/20/08, the ZBA denial still stands with the applicant having 60 days to appeal.  Since that time, the applicant has tabled all meetings (on the actual meeting date) until February 26, 2009, where the PH remains closed. 

On 2/26/09 the ZBA approved this application for a 6 unit building at 53 ft height (including parking which was increased from 20 spaces to 37 spaces, 20 underground and 17 outside) and no discussion if the proposed 6 unit building would be greater than the allowable 25% expansion (per APA 10,728 sq ft original structure’s maximum 25% increase could be no larger than 13,410 sq ft). 

The TLG Planning Board segmented the Phase IV project and approved construction of only the four unit building on 11/5/08, based on a verbal statement made by the applicant’s attorney at the Planning Board meeting that the project had been determined non-jurisdictional’ per John Banta, Adirondack Park Agency Counsel.  A verbal conversation with John Banta on 11/6/08 indicated otherwise, and it was revealed that the APA staff engineer had not yet reviewed plans (as plans requested by the APA had not yet been submitted by the applicant (see November 7, 2008 Waterkeeper letter).  As of 11/19/08, a letter from the Waterkeeper to the Town of Lake George shared information that, although construction on the project had begun, the APA still had not made a jurisdictional determination on Phase IV of the project (see November 19, 2008 Waterkeeper letter).  On January 15, 2009, the APA determined that this project is non-jurisdictional if the 6 unit building (53 ft in height) is less that 13,410 sq ft.  This has not yet been discussed by the applicant or the ZBA.

The Town of Lake George Planning Board reviewed the site plan on March 3, 2009 and tabled the application pending additional information:  relocate the reserve absorption fields; provide no cutting zone along Stebbins Brook and provide a planting plan for around the buildings and along Stebbins Brook.  On April 7, 2009, the TLG PB again stated that there would be no Public Hearing because this was only a modification to the application.  Several of th PB members requested a revised planting plan with addtional vegetation surrounding parking areas and between the Brook and Units 45 - 47.  The town engineer needed to sign off on stormwater calculations and clarify a density issue.  The Zoning Administrator was to review if silt fences / straw bales were in place (one PB member asked for double silt fences),  To date, no silt fences are located on the full extent of the hillside going down to Stebbins Brook, but were placed uphill of the new 4 unit construction site.

Cresthaven Dredging (updated 5/5/10)

Project Summary: Application submitted by The Lodges of Cresthaven Community Association, Inc. to request permission to dredge and remove approximately 400 c.y. of accumulated sediment, for property located at 3210 Lake Shore Drive (238.16-1-17.124).  The applicant proposes to use mechanical dredging by constructing roads into Lake George and excavating sediments with a long reach excavator.  The dredged material will be dewatered on the existing beach and used as fill.  The applicant claims the sediment is from upland erosion of Stebbens Brook.  An application was submitted to the NYSDEC in December 2007 and permit was received in February 2010.  The NYSDEC did not require any sediment testing.  The applicant claims the limited depth is a safety issue since swimmers have to go into the boat lanes to reach sufficient depth for swimming.  The Town noted a need for a variance to place the dredged material within 200 feet of the lake.  The applicant will revise proposal to take sediment off site.

Waterkeeper Perspective: The Waterkeeper submitted comments to the NYSDEC in December 2007 expressing concerns regarding dredging, impacts to the lake and the self-created sediment problem arising from poor construction practices on site and removal of the buffer along Stebbens Brook.  At that time, DEC staff informed the Waterkeeper the sediment was a result of beach erosion and not from Stebbens Brook, something that was contradicted by the applicant at the Planning Board.  The Waterkeeper has concerns abotu the proposed method of dredging which is not consistent with the methods discussed in the Environmental Impact Statement prepared for sediment removal project in Lake George; NYSDEC failure to continue public comments prior to issueing a permit; the proposals failure to address the source of the sediment; and the potential impacts to Lake George from dredging next to an active stream. 

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board February and March 2010. 

Next Meeting: The Planning Board accepted the application as complete at the March 2, 2010 meeting.  The Board expressed concern about potential impacts to the smelt if dredgin occured in May.  The Board asked about other methods that would be less impacting to the lake such as suction dredging.  The Planning Board scheduled a public hearing for April 6, 2010.  The Waterkeeper and the public offered comments.  The Board felt the sediments were from the upstream areas but there was concern expressed about the proposed location of the turbidity curtain across the mouth of Stebbins Brook and the need for s second turbidity curtain.  There was discussion about the proposed contractor.  A motion was made to approve with conditions: 1) Add second turbidity curtain; 2) Contractor to be certified; and 3) spill kit be on site.  Motion did not pass 3-3.  Discussion continued regarding concerns on the sediment and concerns about water quality impacts.  Revised motion proposed with additional condition:  4) Town Zoning Administrator and Town Engineer to be on site 2 hours each day.  Motion passed 6-0. 

Crisafulli (Lochlea subdivision) (updated 8/10/12)

Project Summary: Application Type: Site Plan Review SPR46-2012 Applicant: Mike Crisafulli  Owner: Mike Crisafulli  Agent: Jarrett Engineering  Location of Property: Lochlea Subdivision Lot 13  Tax Map #: 251.11-1-23  Lot Size: 0.26 ac  Zoning Classification: RCH-LS  Project Description: Construction of new single family residence.  

Waterkeeper Perspective: The proposed single family dwelling located within a non-conforming subdivision that previously received variances in 2008 for setbacks and homes on less than one acre.  This proposed SFD is the lot nearest to the lake and is approximately 5000sf (vs. the 2200sf maximum size proposed by the applicant during subdivision approvals by both the TLG ZBA for variances and TLG PB subdivision approval). 

Waterkeeper Comment:  See comment letter to the Town of Lake George Planning Board for February 2012. See letter from Lake George Waterkeeper Attorney to Town of Lake George Supervisor May and July 2012.

Next Meeting: At the March 6, 2012 Planning Board meeting the applicant stated that the "...focus of the house was to keep it compact on the site...".  The PB did not agree with this statement, as it was unanimous that the house was too large for the 11,326sf lot (0.26 acre lot).  PB asked if another size house had been considered and that what was being proposed was "...way too much...too big."  PB reminded applicant that the subdivision had been presented as parcels for family, small lots and homes and that the intention of the prior subdivision approval is not what has been presented.   Public Hearing was scheduled for April 3. At the June 12, 2012 PB meeting, the applicant presented to the PB a revision of the proposed SFD (removing apprx 500sf from the 2nd floor and replacing 2 of the 4 bedrooms on that floor with 'attic' rooms). Basement is said to be "non-living space" although it includes sliding doors and large windows opening onto the lake side of the house.

The Public Hearing was reopened ("so that it would not come back as an issue in the future...") and was held on August 7, 2012.  Reiteration of the approved subdivision vs. what is being presented by applicants was again brought up, with a response by one PB member, that they "mitigate at SPR..." therefore don't need to adhere to prior subdivision approvals.  At the 8/7/12 PB meeting, there was no mention by any PB members that the SFD was too large for the lot.  The PB seemed to appreciate that the applicant had made concessions to the SFD by reducing the 3rd floor by 500sf (altering the floor plan to 2 bedrooms and 2 attic rooms vs. 4 bedrooms) and reducing that floor's expanse of windows by 18sf).  An 18 inch berm with 8 ft trees will be planted to block the home from the lake (proposed SFD structure is 36 feet in height).  The application was approved with no discussion of previous concerns, with only 2 out of 7 PB members asked questions and spoke during the deliberation of the application.  The following conditions were imposed: 1) the roof and siding to be dark, earthtones; 2) nonreflective glass; 3) when footing and foundation poured, prior to backfill, Robb (Zoning Officer) needs to certify that they are in the exact location and meet all approved variance setbacks; 4) Bond required for disturbance and plantings (amount and conditions not discussed?); and 5) the entire existing 'scrub buffer' that may have been previously discussed as an 'eyesore' must remain natural.

D'Ambrosio / rep Ludwig (updated 12/8/11)

Project Summary: Applicant proposes to replace existing boat house and dock for properrty located at 34 Ledges Lane (251.16-1-21).

Waterkeeper Perspective:  The existing SFD is within 50 ft of the lake and therefore the Waterkeeper recommended that the PB condition this project with a shoreline buffer.  Per the applicant's representative "... trees near the boathouse will not be removed except a small limb or two. No change to the existing shoreline, therefore no plantings are planned".   

Waterkeeper Comment: Verbal comments to the Town of Lake George Planning Board at December 2011 Public Hearing.

Next Meeting: The Planning Board approved the project with the following conditions:  that they receive a LGPC approval; that the colors that are used are those that were presented and approved by the PB; and that there be no shoreline disturbance.  

Desperito (updated 8/7/08)

Project Summary: Applicant proposes to place fill 17 feet high and 45 feet wide in recessed area between two lots to act as a pathway for 147 and 149 Bloody Pond Road. Walkway will be crushed stone with split rail fence.

Waterkeeper Perspective: Filling in of the natural forested ravine between these two single-family dwellings (SFD) will alter the existing drainage. In the initial construction of the SFD, fill was extended into the ravine, which may have already impacted the natural drainage. If the project moves forward, there are questions regarding whether the designed culvert would have an inlet or an outlet control. The main question regarding this application relates to the basic necessity of this project.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for July 2008.

Next Meeting: Planning Board has asked that the applicant’s respresentative discuss with the applicant and the Town Zoning Officer alternative plans for a walkway that would require less fill and intrusion on the ravine and natural drainage. If any structure is proposed, a variance would be required to cross property lines.

Diamond Lookout (updated 8/21/09)

Applicant proposes a 16 lot subdivision on 204 acres located in the RR-10 zoning district. The project is proposing a “cluster subdivision” to avoid the upper portion of the parcel which contains severe slopes. The applicant submitted a conventional subdivision plan to demonstrate density requirements. The project proposes on-site wastewater treatment and wells. A 2900 ft road extension of Watershed Rd. is proposed for access to 15 lots with stormwater management. There is a single lot proposed with direct access to Diamond Point Road.

Waterkeeper Perspective: The conventional subdivision plan includes extremely irregular lot lines and severe slopes that are unbuildable and has been presented for the purpose of maximizing density without a basis in sound planning. The stormwater management plan underestimates post-development runoff through the misapplication of runoff coefficients and mislabeling of ground covers. Five lots do not meet the requirement of 200 ft separation between on-site wastewater treatment systems and surface waters as required by the Lake George Consolidated Board of Health. It is the recommendation of the Waterkeeper that the project should be redesigned based on a more realistic conventional subdivision plan to determine the number of allowable lots.

Waterkeeper Comments: See comment letters to the Town of Lake George Planning Board for April and May 2008

Next Meeting: Town Engineer (Tom Jarrett) will review and sign off on the redesigned basins. Mr. Barrows will supply the water line details. Public Hearing is left open but no date has been scheduled at this time.

September 1, 2009 PB to approve final plot and complete SEQRA.  Negative Declaration determined for SEQRA on 9/1/09, with ’no environmental impact’ identified/stated.  

Dowd - represented by Curt Dybas (updated 12/12/11)

Project Summary: Site Plan Review 25-2011.  Applicant proposes to reconstruct in-kind the existing redidence, sleepeing cabin and dock/boathouse for property located at 3544 State Route 9L (252.05-1-1).

Waterkeeper Perspective:  Most of the property is 15% slope to Lake George.  OSWT system for five bedrooms was approved in March by the TLG Consolidated Board of Health (CBoH).  This is a teardown and rebuild in kind with new foundation and NYS code.  Ceiling height to increase by 2 1/2 ft.  Since the location of this SFD was built 90 years ago, moving the footprint up the slope is not a reality, but eliminating the cement patio that extends to the lake is an option.  Recommendation to reduce the size of the patio and use permeable pavers and plant buffer plants where appropriate.  This should be major stormwater project.  

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for September 2011. 

Next Meeting: Public Hearing scheduled within 300 ft of Lake Geroge.  SPR approved November 1, 2011 with conditions that CEO review the minor stormwater plan.  No other conditions were required, including a protective shoreline buffer or permeable pavement for patio/hard surfacing to the lake for this SFD within 20 ft of Lake George.

Project Summary: Application Type: Site Plan Review SPR47-2012  Applicant: Dan Dwyer  Owner: Dan Dwyer   Agent: Jarrett Engineering   Location of Property: Lochlea Subdivision Lot 5   Tax Map #: 251.11-1-17  Lot Size: 0.31 ac   Zoning Classification: RCH-LS   Project Description: Construction of new two story single family residence.

Waterkeeper Perspective: The proposed single family dwelling in a non-conforming subdivision received variances in 2008 for homes on less than one acre per SFD. This proposed SFD and the proposed amount of clearing and impervious area is far greater than what was approved by both the ZBA (2008) and PB (2010).  The 50ft setback from English Brook is from the edge of the SFD, not the disturbance associated with its construction (which has been shown on the Site Plan to be a only 5ft, which does not appear realistic or possible for the construction of a SFD).  SFD's were approved in the Lochlea subdivision by the Town of Lake George to be small, modest cabins similar to what is currently on the property.  The application for the entire subdivision was submitted and approved by the TLG Zoning Board of Appeals with an 1,100 sf footprint and considerably less impervious surfaces and disturbance per lot.   This SFD has 1,900 sf of fo

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for February 2012 and from the FUND's Attorney March 2012 regarding the original subdivision approval.

Next Meeting: The March 6, 2012 Planning Board meeting discussed that this project "was outside the building envelope of the approved subdivision..." but concluded that "...the proposed SFD was in character with the other three structures on the property..."  Public Hearing on April 3 and the SFD SPR approved with the following conditions: 1)Hand planting supplemental vegetation on Eglish Brook buffer zone; 2)Performance Bond for palnting of rain gardens /site work and English Brook buffer (engineer to determine what is the invoive cost of plantings and bond is "usually 50% of SWM costs).  Requested $ amount was not determined.

English Brook Instream Sediment Basin  (updated 10/29/10)

Project Summary: Project proposes to construct an instream sediment basin at the mouth of English Brook on the Lochlea property.  The project requires review by the Town of Lake George Planning Board, U.S. Army Corps of Engineers and NYS Department of Environmental Conservation.  The proposed basins will be approximately 45 feet wide and 150 feet long and 6 feet deep.  English Brook is lined with delineated wetlands in the project area but the Adirondack Park Agency has determined there is no juridiction if the proposed project is confined completely to the stream and the banks are not disturbed.   

Waterkeeper Perspective: The Waterkeeper views the use of instream sediment basins as poor watershed management by using the waters of the Untied States for the treatment of stormwater through removing sediment and failing to address the source of the sediment.  It appears to be a violation of the Clean Water Act.  These basins do not reduce fine suspended sediment which leads to increased nutrients which can impact the lake.  Additionally, the basins can have a negative impact on fisheries through reducing spawning area and changing the stream dynamics.  On this application, the basin appears to be located in an area that historically was under water and may actually be land owned by the State of New York.  The NYSDEC issued a Negative Declaration on environmental impacts but this appears to be premature since there is significant information missing from the application including how the stream will be diverted around the work area, location of dewatering and stablization of the stream channel.

Waterkeeper Comments: See comment letter to the Town of Lake George Planning Board October 2010 requesting a public hearing.  See comment letter to the New York State Department of Environmental Conservation October 2010.

Next Meeting: The Town of Lake George Plannning Board reviewed the application at  their October 5, 2010 Planning Board meeting and approved the application without a public hearing.  The New York State Department of Environmental Conservation issued a Public Notice for Comments through October 28, 2010.  The NYSDEC made a Negative Declaration of environmental impacts on October 8, 2010.

Erminger (updated 5/7/08)

Project Summary: Minor 2-lot subdivision on 2.21 acres west of Rt 9N at 3541 Lakeshore Drive in Diamond Point (225.16-1-1.3). The applicant proposes to sell the lots undeveloped and accept condition of site plan review for each lot prior to development. The well will be 200 feet downgradient from the Antler’s septic system and 100 feet from the proposed septic system on the site. All of the existing structures would be removed subsequent to the subdivision approval.

Waterkeeper Perspective: Applicant recently removed large trees on the site in locations that are not anticipated for development of the proposed homes. ‘Woods’ labeled on the final site plan have already been removed or originally consisted of low lying wooding shrubs and not typical of forested conditions. The actual change in ground cover must be addressed with a stormwater management plan and revegetation. Use of a shared driveway to reduce impervious lot coverage was suggested.

Waterkeeper Comments: See comment letters to the Town of Lake George Planning Board for May and June 2008.

Next Meeting: Subdivision was approved with the conditions that there be (4) 2 ½caliper trees and (4) 8-10 foot evergreens to be placed on each lot with the location to be determined by the Zoning Enforcement Officer; the test pits shall be completed on both lots; the existing pool house and cabin shall be removed with a portion of the driveway; the septic system on Lot 1 to be moved away from the house location; both houses on Lot 1 and Lot 2 be moved below the 230 contour line; prior to obtaining a Zoning Compliance Certificate. Site Plan approval will be required on both Lots 1 and 2.

Famosi (updated 3/4/13)

Project Summary:  Application Type: Area Variance AV2-2013; Owner: Maria Famosi; Location: 2747-1 State Route 9; Tax ID: 251.06-1-2; Zoning Classification: RCH; Property Size: 0.57 acres; Project Description: Requesting a 15,170 sq. ft. variance where current sq. ft. is 24,830 and 40,000 sq. ft. is needed to change existing building use from retail/office on the first floor and apartment upstairs to a 2 family dwelling.  

Waterkeeper Perspective:  This pre-existing non-conforming lot on English Brook should require an appropriate onsite wastewater treatment system (OWTS) for expansion to a two-family dwelling.  The tank was inspected, but no other information is known.   The ZBA would like the site map to include area for future replacement of leach field (drawn outside of the 100ft setback to English Brook (Planning Board to finalize).       

Waterkeeper Comments: See comment letter to the Town of Lake George Zoning Board of Appeals for February 2013 .   

Next Meeting: ZBA approved for a 2 family dwelling with the conditions that the the 'replacement absorption field' be marked on the site map outside the 100ft setback to English Brook.  ZBA discussed approving the two-family variance for this particular dwelling only (no future expansion, which was agreed by the applicant), but forgot to include it in their 'conditions'.  No known details of the OWTS have been provided and again the ZBA was going to condition that a licensed profession inspect the system, but that was not agreed upon by the ZBA and therefore not a condition. 

Forest Ridge (updated 1/21/09)

Project Summary: Applicant (Rolf Ronning) proposes to subdivide 190 acres into 30 building lots for property located on Trusdale Hill Road (225.00-1-60, 60.2, & 60.3; 238.00-1-13 & 14; 238.00-1-31.11 & 31.12).  The parcels are located in RR-5, RR-10 and RM-2 Zoning Districts.  The subdivision is proposed in three phases:  Phase 1 - 10 lots (4 previously approved and 6 amended); Phase 2 - 10 lots and Phase 3 - 10 lots.  The applicant has proposed a cluster subdivision.  The Town of Lake George Planning Board considered the currently application as a new application and separate from the previously approved subdivision that was contested with an Article 78 suit by the Waterkeeper, FUND for Lake George and adjoining land owners.  The Article 78 suit alledged that the Town of Lake George segmented the environmental review and stormwater management review.  These allegations were agreed with by the Supreme Court who required the Town of Lake George Planning Board to substantiate the record to support their segmentation. 

Waterkeeper Perspective: The Lake George Waterkeeper has filed a Motion with the Court claiming the Town of Lake George has violated the Order and Decision from the Judge by failing to comply with the request of the Judge to substantiated their segmented decision and claiming the resolution by the Town of Lake George Planning Board rescinding the April 2006, first approval for the subdivision, also violates the Order and Decision by approving lots which were not properly reviewed.

Waterkeeper Comments: The Waterkeeper has not currently filed any comments with the Planning Board.  The Waterkeeper has filed a Motion with the Supreme Court. 

Next Meeting: The Town of Lake George Planning Board has determined the sketch plan submitted has too many outstanding comments and has deemed the application incomplete pending resolution of comments from the Town Engineer.

Francese - BBB Construction (updated 8/21/09)

Project Summary:  Area Variance Application #10-2009 submitted by BBB Construction to construct a 6x9 laundry room and 13x6 deck to existing residence. The applicant is requesting a 23 foot front yard variance. The addition will be 14.6 feet from front line where 37.6 feet is required; a 1.4 foot right side variance. Addition will be 13.8 feet from right side where 15 feet is required, and a 2 foot left side variance. Addition will be 13 feet from line where 15 feet is required, for property located at 12 Lake Street (251.20-1-32).

Waterkeeper Perspective: The Waterkeeper was invited to review the site and discussed with the applicant the recommended addition of rain gardens and native species plantings in lieu of grass that they had unsuccessfully been trying to grow.  The lot is small and the addtion of a 54 sf laundry room may be accomodated on this lot with the proper infiltration.  Waterkeeper worked with applicants to identify locations to plant rain gardens for proposed new addition and exisiing stormwater issues on the lot.  One garden was already created prior to 8/20/09 ZBA meeting and reported to be doing a good job in a location where grass had consistently washed out.

Waterkeeper Comments: The Waterkeeper made the above verbal comments in July and submitted the following letter to  the Town of Lake George Zoning Board of Appeals in August 2009.

Next Meeting:  Laundry room and deck addition were approved with the condition that the applicant infiltrate stormwater with rain gardens. 

Friedman (updated 11/24/09)

Project Summary:  Site Plan Application #31-2009 submitted by Harvey M. Friedman to extend existing deck 2 feet and enclose porch. (Type C deck as previously approved by planning board), for property located at 2 Ridgeview Way (238.27-1-53).

Waterkeeper Perspective: The Waterkeeper recommends that stormwater management be required with this proposed expansion of impervious surfaces.  Creation of a rain garden and reducing existing lawn would have a beneficial impact on this site where the trees just below the lawn have been trimmed/removed and erosion is evident.

Waterkeeper Comments: See comment letter to the Town of Lake George Planning Board for October 2009.

Next Meeting:  Public Hearing waived and application approved.  

French Mtn Forest (formerly General Timber) (updated 1/6/11)

Project Summary:  Use Variance Application #1-2010 submitted by French Mountain Forest, LLC, to request permission to conduct commercial timber harvesting in the RH and RM-1zones, where timber harvesting is not a permitted use, for property located on Bloody Pond Road (264.16-1-27, 264.16-1-28 and 265.00-2-1). 

Note: This is a revised Use Variance (dated 12/2/09) - Revision to previous timber harvesting variance application, with a request to now harvest timber on the 32 acre parcel adjacent to Bloody Pon Rd (excluding a 50 ft no-cut buffer next to neighboring property).  Residual Basal Area has be modified.  Board has requested additional specific details regarding the amount of trees to be harvested.

Previous use variance to allow the timber harvesting landing site in RM-1 was granted by the Zoning Board of Appeals (with the condition that a stormwater management plan be required).  In addition, no timber harvesting will be permitted on this 32 acre parcel immediately adjacent to Bloody Pond Road. The Town of Lake George Planning Board heard the application on 3/3/09 and 4/7/09.  The applicant stated that the sole purpose of the the property was for timber harvesting, that there was an APA non-jurisdictional letter, there were no endangered or threaten species on the property, two streams were present and a Timber Harvest Management Plan was prepared.

Waterkeeper Perspective:  Concern was expressed regarding timber harvesting on the steep slopes on a portion of the parcels in the TLG and Queensbury.   Although 35 ft setback from two streams is conditioned, a larger buffer would reduce the impact of trees inadvertently falling into the streams and skidders and heavy equipment encroaching on the stream corridor.  The grading for the landing site is proposed with a 20 ft cut and over 2 acres of clearing.  Reducing the amount of disturbance on this landing site was discussed.  A PB member suggested another location for the site (less disturbance would be required) and reducing the amount of equipment used at one time on the site in order to minimize the necessary clearing for the landing site.  A condition of ’no development’ for 7-10 years after timber harvesting should be imposed on this timber harvesting approval (especially in light of the McPhillip’s parcel on Truesdale Hill Rd that received a timber harvesting permit after-the-fact and then immediately sold the land for a subdivision development approximately 3+ years ago).      

Waterkeeper Comments: See comment letter to the Town of Lake George Planning Board for January 2009.

Next Meeting:  The Town of Lake George Planning Board voted again for a Type I action and to be lead agency with a coordinated review by the Queensbury Planning Board.  The Town of Lake George Planning Board is concerned that the 15% average timber harvesting will actually be +25% tree removal based on the fact that some of the land will not be harvested because of the streams and steep slopes.   Town Engineer will walk the site with the applicant and PB member to check for alternate locations to create a staging area.  Public hearing has been closed. 

6/9/09 - TLG PB again unanimously voted that they wanted Lead Agency status for the timber harvesting project with a 6/22/09 deadline date for this determination (Queensbury also wanted Lead Agency), therefore the DEC judge will need to rule on this.

Note: On 12/1/09 the applicant requested a revision to the previous timber harvesting application, with a request to now harvest timber on the 32 acre parcel adjacent to Bloody Pon Rd (excluding a 50 ft no-cut buffer).  Residual Basal Area has be modified.  Planning Board has requested additional specific details regarding the amount of trees to be harvested (information to be presented at the next PB meeting).  This was for ’dicussion only’ as any changes would need a variance from the Zoning Board of Appeals.  On 9/16/10 the ZBA granted Use Variance #1-2010 to timber harvest on the 32 acres in RH and RM-1 (where timber harvesting is not peremitted - previously indicated as a no-cut zone by the applicant) with the conditions to retain a 50 ft buffer to neighbor’s properties and that the Town forester would be on site weekly.

On April 25, 2011, Waterkeeper office was notified that the stream running parallel to Sun Valley Rd was "...running chocolate colored for first time in 40 years!"  Waterkeeper investigated and photographed.  Photos were emailed to TLG and DEC.  Per TLG Zoning Administrator, the foester on the property had installed an 18" culvert on that date.  Per DEC on 5/6/11, the stream is not mapped therefore did not require a stream crossing permit.  Located logger and problem was fixed.  No violation, but stream was impacted but excessive mud/sediment.  Per approved timber management plan, no timber harvesting activity after March (frozen ground).

Gannon (updated 12/3/12)  

Project Summary: Application Type: Area Variance AV33-2012 requesting 30 1/2 foot variance where 37 1/2 foot rear yard setback is required and Site Plan Review SPR#67-2012;  Applicant: Diane & Gerard Gannon;  Owner: Diane & Gerald Gannon;  Location of Property: 38 Trinity Rock Rd;  Tax ID: 238.08-1-68;  Zoning Classification: RCH-LS;  Property Size: 0.199;  Project Description: Requesting to build a 16 ft. x18 ft. three season porch w/windows but no heat on right of the house – porch will be 7 ft. from the rear line.

Waterkeeper Perspective: Application to increase the footprint of the existing SFD on a non-conforming lot was incomplete in that no plan had been submitted for the OWTS.  The addition of a three-season porch should be considered an additional bedroom.  Proposed 1000gal septic tank is undersized for a 4 bedroom OWTS.           

Waterkeeper Comments: See comment letters to the Town of Lake George Zoning Board of Appeals for November 2012, and Planning Board for November 2012.    

Next Meeting: ZBA approved the requested side yard setback variance on November 22, 2012 with the condition that the applicant design and construct an OWTS for a 4 bedroom SFD.   Site Plan Review on Dec 5 (Public Hearing not yet scheduled).

Galvin  (updated 12/3/12)

Project Summary:  AV34-2012 to read a front porch within 6 feet of the road (an 18.75 foot front yard setback is required.  Owner:  Michael Galvin; 12 Beatty Rd; 264.07-2-50; RCH 0.114 acres.  

Waterkeeper Perspective: Application to increase the footprint of the existing SFD on a non-conforming lot, specifically to construct a 6 foot x 25 foot porch within 6 feet of Beatty Rd.      

Waterkeeper Comments: See comment letters to the Town of Lake George Zoning Board of Appeals for November 2012.   

Next Meeting: ZBA approved the requested variance on November 22, 2012 with the condition that the front porch only extend 4 feet into the front yard vs. the 6 foot wide x 25 feet long porch proposed by the applicant.  Applicant is to recess the porch into the old enclosed porch area of the existing house to retain more of a front yard (snow plowing, etc.).  

G & G Lands (updated 1/7/09)

Project Summary: Request permission to conduct commercial timber harvesting for property located south of NYS Rt 9N (Luzerne Rd) (277.01-1-9 & 277.01-1-14.1).  Use variance for timber harvesting in RCM-S2B (a none use in a portion of the total parcel)

Waterkeeper Perspective: Application was incomplete in that no plan or maps had been submitted, therefore there was no information regarding stream crossings and setbacks, steep slopes and roads.     

Waterkeeper Comments: Commented to the PB Chairman after the meeting that the required information had not been submitted by the applicant, that the applicant incorrectly stated that there were no stream crossings when in fact there are (which will require DEC permitting) and the plan had not yet been presented to Warren County Soil and Water for review and comment.  The application stated that there would be a ’minimum of a 50 ft undisturbed buffer on either side of the streams’ , but it was revealed in the discussion with the PB that this only meant that there would be no heavy equipment in this area, but that trees would be cut.  This is not in compliance with the TLG’s code, that states undisturbed includes no tree or vegetation removal.  No comments were made by the PB after this revelation.  Also, a PB member asked if the owner of the property might sell the land after timber harvesting.  The applicant’s representative did not know if the owner was planning on selling in the future, yet the land has been for sale in the past.  The topic ended here, with no PB member discussing the impacts of timber harvesting and then sale of the land for development ( a condition of no development for 7 years could have been issued with the approval).  The Public Hearing was waived. 

Next Meeting: Missing information did not deter the PB from approving the application with the condition that WCSWCD receive the Timber Harvesting Plan to review and comment.   

George's Restuarant (updated 7/23/12)

Project Summary: The applicant submits a Site Plan Review application for a major stormwater project located at 3857 Route 9L (264.08-2-27).  The project is located in the RCH Zoning District and is designated Hamlet on the Adirondack Park Land Use and Development Map.  The project is in response to a Notice of Violation from excessive and unmanaged stormwater runoff from parking lots that was resulting in sedimentation and flooding neighboring properties.  The project proposes to install pervious pavers and a rain garden on the south side of building and proposes an interceptor trench to convey stormwater to a bioretention facility for the rear parking lot. 

Waterkeeper Perspective: The Waterkeeper is supportive of the action taken by the Town of Lake George in response to concerns expressed from the unmanaged stormwater runoff from the property.  The Waterkeeper recommends additional grading information for proper conveyance, amending and preparing subsoils under pervious pavers and rain gardens to inprove infiltration and collection and conveyance for the parking lot runoff. 

Waterkeeper Comments: See comment letters to the Town of Lake George Planning Board for June 2012.

Next Meeting: The Site Plan Review application was placed on the June 12, 2012 agenda for review by the Town of Lake George Planning Board, at which time the PB approved the project as presented with the following conditions: Reviewed by ZEO; and signed off by engineer.  Rain gardens and trench to be installed ASAP, and proposed dry wells after Labor Day. 

Germano (updated 7/23/12)

Project Summary:  Site Plan Application #8-2011 submitted by Geno and Theresa Germano to construct a single family dwelling with attached garage and new wastewater system, for property located at 48 Halcyon Lodge Road (251.07-1-53.11).

Site Plan Application #20-2011 submitted by Geno and Theresa Germano to construct an "E" shaped dock with sundeck roof system (for 9/27/11 PB meeting). 

Site Plan Application #8-2011 (on 6/12/12 PB agenda as #20-2011) submitted by Geno and Theresa Germano for modification to original approval to add flagstone terrace area and a flagstone walkway as well as stone infiltration trenches and infiltrator units adjacent to driveway.  

Waterkeeper Perspective: This application for a new home to replace a current structure is a 63% increase over the existing impervious cover, which does not include the entire proposed new shared road/driveway (a shared road/driveway to Halcyon Lodge and homes already exists). Missing information did not deter the PB from approving the application with the condition that the Consolidated Board of Health approve the septic system (which they did with very little discussion and no perc test data required/submitted). When asked about blasting, the applicant's representative stated that there "...may be blasting...", although the contractor later stated that there would definitely be blasting, as the entire slope to the lake is ledge rock.

Modification to #8-2011: The stormwater management plan that had been approved by the PB appeared to have failed due to the fact that infiltration was constructed on ledge rock (that did not drain).  An alternative SWM is being proposed with an increase in impervious surfaces (large patio).  It was identified in April 2012 that the entire lot has been cleared of vegetation to the shoreline, which is a violation of TLG Zoning Codes:
Town of Lake George §175-21 - Erosion, sedimentation and stormwater runoff control.
G. (1) (h) Tree removal and land clearing
[1] Within 35 feet extending inland from all points along the mean high water mark, no vegetation may be removed. This area shall be maintained as an undisturbed natural buffer strip.
Town of Lake George §175-27 - Alteration to Shoreline
A. (2) The activity shall not disturb shoreline vegetation except in a minimal way.
 
Waterkeeper Comments:  See comment letters to the Town of Lake George Planning Board for April and May 2011, and April  2012 with April SWM.

Next Meeting: Public Hearing was waived and application approved as submitted with engineer certifying stormwater and Phosphorus free fertilizer only noted on the site plan (which is the Town Law).  The "E" Dock was approved on 9/27/11 with the condition that colors will be the same stain as the house and noted on the plan.

Modification to #8-2012:  No violation was issued by the TLG.  Soils and plants were added to the shoreline after clearing was noticed.  Electric conduit for boathouse was excavated with heavy equipment along shoreline.  Construction of boat house and docks greatly disturbed the shoreline and existing vegetation (per Valente, contractor).  Again, a violation of §175-27.   Applicant received a 'Certificate of Occupancy' by the Zoning Administrator June 1, 2012 even though the site plan, SWM and landscape plantings have not been completed, and the shoreline clearing appears to be a violation of Town Code.  Public Hearing remained open for the June 12, 2012 Planning Board meeting, at which time the PB approved the project with the following conditions: 1) Applicant's engineer to certify that new SWM plans work and if system does not, must return to the PB; 2) Bond required for plants for 3 year survival at a cost of 50% of the invoice cost for plantings. 

Giacone (updated 1/6/11)

Project Summary:  Area Variance Application #25-2009 submitted by James and Karin Giacone (Sept 2010 revision) to add new second floor and modify existing front deck. The applicant is requesting a 29 foot front yard setback. The deck will be 8’6” from front property line where 37 ½ feet is required. The right side variance of 5 feet is requested, the house will be 10 feet from the property line where 15 feet is required, for property located at 3 Westover Loop (238.20-1-20). (Applicant has submitted new plans and application will need to be modified but the variances will stay the same.)

Area Variance Application (prior to Sept 2010) submitted by James and Karin Giacone to extend first floor 3 feet out and 9 feet on the left side to increase first floor by approximately 275 square feet.  to add new second floor (31 x 20) and move out deck 3 feet from exisitng deck line.  There will be no increase in bedrooms.  The applicant is requesting a 29 foot front yard setback.  The deck will be 8’6" from front property line where 37 1/2 is require; a right side variance of 5 ft is requested.  The house will be 10 feet from the property line where 15 feet is required, for property located at 3 Westover Loop (238.20-1-20).  See revised.

Waterkeeper Perspective: The Waterkeeper questioned the size of the upstairs bedroom apprx 600sf (20 ft x 31 ft) and the fact that the application stated no increase in number of bedrooms (2 bedrooms are max per HOA agreement), but applicant needs 3 bedrooms with a 5 member family.    Creation of a rain garden and reducing existing lawn would have a beneficial impact on this site .  Site Plan Review is required for expansion, as the property is within 300 ft of the lake.  Stormwater management is recommended. 

Waterkeeper Comments: See comment letter to the Town of Lake George Zoning Board of Appeals for January 2010.  Verbal comments were made at the 1/21/10 ZBA meeting emphasizing that the ’Restrictive Covenants’ that were conditioned with the subdivision approval in 1975 were not being enforced and that the Waterkeeper recommends that the Planning Board review the entire subdivision before any variances were granted.  In November 2009, no written comment was submitted, although verbal comments were made at the 11/19/09 ZBA public hearing:  the OWTS needs evaluation to see if the 5 SFD shared septic  had capacity for expansion, as the existing 2 bedroom home needs expansion to 3 bedrooms (5 member family), rain gardens and site buffering should be required as the lawn and ledge rock (HOA common area adjacent) steeply drops to the lake, and stormwater managament should be included with renovations.  See also comment letter to the Town of Lake George Zoning Board of Appeals for September 2010 and discussion at 9/16/10 ZBA PH regarding the ’Declaration of Covenants’ specific to replacement structure limitations and DEC SPDES violoation issued 9/16/10.

Next Meeting:  ZBA recommended that the town attorney/Town Planning Board review the subdivision and it’s imposed conditions of approval.  Public Hearing left open.  Applicant was asked to minimize the expansion and have an engineer evaluate the shared septic. Applicant tabled for the 12/17/09 ZBA meeting and again for the 1/21/10 ZBA meeting.  An engineer has been hired by the applicant to review the OWTS.  Applicant was on the ZBA agenda for September 16, 2010 but ’tabled’ earlier on that day.  At the ZBA meeting, Board recommendation that the applicant is not placed on the agenda again until specific information regarding the convenants and watewater treatment is obtained by Planning Administrator.

Grace (updated 1/21/09)

Project Summary: Site Plan application for Site Plan Review for the construction of a two story, three bedroom single family dwelling on a 3.6 acre lot in the RCM Zoning District.  The site will be accessed from a driveway off State Route 9N and will follow an existing cleared logging road.  On-site wastewater treatment and water supply will be provided.  A major stormwater management plan has been prepared.  The Town of Lake George Planning Board requested a determination from the Zoning Administrator regarding the slope of the driveway and whether a variance is required. 

Waterkeeper Perspective: The Waterkeeper makes the following recommendations regarding the site plan:  not to install infiltrastion trenches along the building due to the potential of short curcuiting and impacts from contruction; use infiltration basins in leiu of infiltration trenches for improved treatment; provide infiltration devices closer to Route 9N and eliminate the use of fertilizer as specified on the plan.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for January 2009.

Next Meeting: The Town of Lake George Planning Board set a public hearing for the project at the Tuesday, March 3, 2009 meeting.

Green Harbour dredging (updated 6/10/08)

Project Summary: Site Plan application to restore dock space to a safe and navigable waterway by dredging to a 4 foot depth for property located at 3014 Lakeshore Drive (238.8-1-48).

Waterkeeper Perspective: Town advised the applicant that if no disturbance would occur on the shoreline, no permit was required from the Town (DEC permit had been obtained). Significant shoreline disturbance did occur. Some vegetation was removed from the shoreline and there was exposed soil with rip rap put into the lake. Site Plan Review should have been required initially with proper environmental assessment completed. Dredging without mitigation to sources of sediment is not responsible watershed management.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for June 2008

Next Meeting: Public Hearing ended for the evening in a closed door Executive Session after a lengthy discussion by the Planning Board and public comments.

Green Harbour HOA (updated 4/14/09)

Project Summary: Site Plan application submitted by Property Resource Management to request permission to conduct selective prunning nd thinning of existing vegetation to enhance and maintain lake views for property located off Lakeshore Drive (238.27-1-1 and 238.27-1-38).

Waterkeeper Perspective:  After a site visit, it was determined that the majority of the townhomes had filtered or open views to the lake, and that the steep slopes needed the exisitng vegetation, and that it should not be removed.  The topography and grading of the entire site and some areas that have recently been clear cut naturally create views.  Opening the view any more than already exists increases visibility of the townhouses from the lake and is an undesireable consequence.  Waterkeeper comments were supported by a neighbor who had expressed his concerns and additional facts, but there was no public hearing scheduled. 

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for April  2009

Next Meeting: The PB Chairman made a motion to table the application, but was then changed by a Board member to ’not accept the application’.  It was decided that everything would remain the same as before (the Zoning Administrator would work with the property manager to select what needed to be pruned, trimmed or removed and "...that the ZA could use his own judgement").  This motion resulted after the PB members stated several times that it was a "...misconception that a property owner who had a view of the lake would be guaranteed that there would always be a view..." and that "lollipopping" a tree was a violation (but was there any fine imposed?). 

Gross (updated 8/10/12) 

Project Summary:  Site Plan Application 31-2011 to construct a single family dwelling on Route 9N (276.00-2-16).  Project is located in LC-25 and RCM-25A Zoning Districts and is designated as Moderate Intensity Use on the Adirondack Park Land Use and Development Map.    JUNE 2012 -  Applicant submits an application to modify a previously approved Site Plan to revise the house location.  This modification is preceded by a Notice of Violation issued to the applicant for excessive clearing not compliant with the previous Site Plan Review approval.  The applicant received a $7,500 fine.  The applicant proposes to increase the driveway from 1700 LF to 3200 LF to access a single family dwelling and accessory building/barn.  The applicant proposes to clear 6 acres for the development including 2 acres on the ridgeline.  The applicant proposes a 15' wide gravel driveway with stormwater management controls.  The applicant proposes onsite wastewater treatment and water supply.  An Individual Stormwater Permit will be required from the NYSDEC for the project.

Waterkeeper Perspective:  The Waterkeeper expressed concerns regarding the excessive disturbance and clearing for a single family dwelling up a mountainside (estimated at over 3 acres of clearing on 20% slopes).  A Public Hearing was requested but waived by the PB.    JUNE 2012 - The Waterkeeper expressed concerns regarding the excessive disturbance and clearing on steep slopes; need for outside agency permits that would be more restrictive; noncompliance with Section 175-43.D of theTown Code; excessive clearing and visibility concerns; compliance with Town Code for building height; compliance with NSDOH Appendix 75A and requested a public hearing.

Waterkeeper Comment:  See comment letter to the Town of Lake George Planning Board for September 2011.  Site Plan Modification - See comment letter to Town of Lake George Planning Board June 2012.

Next Meeting:  The Town of Lake George Planning Board expressed concern that the project lacked detail regarding house placement, necessary blasting, amount of disturbance, minimal test pit data, etc.  In consideration of this, the applicant chose to withdraw all details of the house and large outbuilding that were proposed at the initial 9/27/11 PB meeting and return one week later "To construct a driveway" only (buildings were eliminated from project).  The PB and Planning Administrator rushed the process through requesting test pit data for stormwater areas and DEC permit done the following day.  Applicant was added to Oct 4, 2011 PB agenda (with less than a week).  Public Hearing was waived and a driveway to the top of the mountain was approved because the applicant wanted "...privacy and a great view".  It was asked why this project was 'rushed through' but the answer was never given.  Plans for future development will be submitted after the 3 acres of clearing and a driveway on 20% slopes is completed.  SITE PLAN MODIFICATION - The modified Site Plan Review application was reviewed on 6/12/12.  PB appeared upset that they rushed through their approval process and then the applicant did as he pleased and cleared 1900 ft more to extend his driveway to the ridge for a "view".  A $7500 fine was supposedly assesed and paid by the applicant.  PB decided that a site visit would be necessary.  Much more earthwork has taken place since the June meeting.  The town's engineer (letter June 22, 2012) and the applicant's engineer (letter July 9, 2012) addressing issues were signed off (actual letter requested by Waterkeeper because it was not in the file when reviewed, although the PB concluded that it existed).  Public Hearing was waived and the issue of excessive clearing was never discussed again.  SFD location was not presented/discussed, so the 3200ft driveway and related disturbance has no structure planned at this time.  The application was approved with the condition that all 'conditions' are met (not sure what this refers to )and as-builts are signed off.

Habberstad (updated 5/27/09)

Project Summary:  The applicant proposes the upland development of two single family residences on a common driveway on the east side of Lake George on State Route 9L (252.09-1-15 & 252.09-1-17).  The lots are located in the LC25 Zoning District and are pre-existing lots of 2.9 and 3.8 acres.  The initial proposal required a variance from the Town Code for percent of slope on a driveway.  The Town of Lake George Zoning Board of Appeals did not seem favorable to the application and it was withdrawn.  The revised applicaion does not require a variance.  The driveway has been shortened and requires Site Plan Review.  The applicant proposes 2 homes, approximately 3000 sf with lake views.  On-site wastewtaer treatment and water supplies are proposed.  The project will be a major stormwater project.  Planning Board members had concerns about - screening on the southern lot; the amount of trees to remain; landscaping plan; lower the proposed development on the site; type of house construction; stormwater management and blasting required.

Waterkeeper Perspective:  The Waterkeeper expressed concerns regarding the project at the earlier public hearings for the variance as well as at the Site Plan meeting.  These concerns include:  the existing stormwater management system was not properly installed; runoff values utilized underestimate actual runoff values; portions of the developed area is not directed towards stormwater management controls and the limits of clearing should be delineated.  In general, the disturbance proposed on the steep slopes of French Mountain is not supported and shoule be reevaluated to reduce impacts.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for April 2009.

Next Meeting:  The Town of Lake George Planning Board expressed concern about the project at their April 20, 2009 meeting and stated it could be an "eyesore".  They determined the submission to be a sketch plan and requested the following items:  provide additional information on screening; provide a landscaping plan; lower the development on the mountainside; provide more information on grading and stormwater around the house and provide information on blasting.  The application was not accepted.

Hart (updated 2/9/09)    

Waterkeeper Perspective:  The enclosure of an existing stream and an installed culvert that allows stormwater to be piped directly into the lake are not appropriate measures to reduce erosion on the beach.  Infiltratation and treatment of stormwatershould be required.  Suggestions were made by the Waterkeeper to condition a planting plan and a vegetated buffer along the stream and shoreline behind the beach. 

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for January 2009.  Waterkeeper did not comment on the dock and boathouse.

Next Meeting:  The Jan 6, 2009 PB meeting approved the application with the following conditions:  A planting plan would be required with an ’as-built’ and the straight path of the culvert to the lake would be changed to include curves to permit trapping of sediment.  At the Feb 3, 2009 PB meeting:  after a lengthy discussion, including many public comments, the Planning Board requested a closed door ’time out’ to discuss legal issues with town council.  PB resumed and subsequently closed the Public Hearing.  There will be 62 days to make a decision on the dock and boathouse. 

Higgins (updated 1/7/09)

Project Summary:  Presented by Bob McNally, Esq to subdivide 16.55 acres into 2 lots for property located on Higgins Raod off Flat Rock Road (238.00-1-14.1).

Waterkeeper Perspective:  Required topography maps were not submitted by the applicant and steep slopes on the land posed site constraints for future development.  Recommendation by the Waterkeeper to condition subdivision approval with site plan review required on individual lots prior to development.  This was not a Public Hearing and there was no Planning Board discussion regarding the fragile nature of the land and potential development sites.

Waterkeeper Comments: See comment letters to the Town of Lake George Planning Board for October 2008.

Next Meeting:  TLG PB approved this subdivision application on October 7, 2008.

Hudson (updated 3/4/13) 

Project Summary: Application Type: Area Variance AV37-2012 and Site Plan Review 70-2012; Applicant: Raymond & Michelle Hudson; Agent: Rucinski - Hall; Location of Property: 68 Christiana Court; Tax ID: 238.20-1-34; Zoning Classification: RCH-LS; Property Size: 0.024 acres; Project Description: Requesting a 15 ft. 10” variance where 20 ft. is required from the northern property line to add family room and screened porch; the building will be 4 ft. 2” at the closest point. 

Waterkeeper Perspective:  SFD on pre-existing non-conforming lot will double in size to 1140sf total.  Proposed rain garden should be expanded in size and variety of native species, including deep rooted vegetation such as shrubs.

Waterkeeper Comments: Verbal comments at ZBA Public Hearing and written comment letter to the Town of Lake George Planning Board for February 2013.   

Next Meeting: ZBA approved with the conditions that a rain garden is installed ("acceptable to the Planning Board") and that the applicant and HOA work with the Waterkeeper to plant a shoreline buffer.  A Public Hearing is scheduled for the Planning Board on March 5, 2013.   

Keating (updated 7/15/08)

Project Summary: Area Variance and Site Plan Review to demolish existing residence and replace with a three bedroom single family dwelling with three bay garage for property located at 4 Rose Point Lane (264.07-2-7). The applicant is requesting a 10 foot right yard variance, a 29 foot rear yard variance and an 8 foot right-of-way setback variance.

Waterkeeper Perspective: Maximizing density on the shoreline has cumulative negative impacts and a reduction to the size of this SFD on this 0.30 acre lot would increase permeable surfaces for stormwater infiltration. Recommendations were suggested to require a major stormwater management plan and a planting plan with mixed height vegetation in lieu of lawn. PB waived the Public Hearing.

Waterkeeper Comments: See comment letters to the Town of Lake George Zoning Board of Appeals for June and Planning Board for July 2008

Next Meeting: ZBA approved with the conditions that the four foot extension on the deck be removed so the rear yard setback will not be any greater with any structure, deck or house than it currently is and that the storage room is not habitable space. PB approved this application with virtually no discussion, with the condition that there be a minor stormwater management plan approved by the Zoning Enforcement Officer.

King Phillips Campground (Spaulding Holdings, LLC) (updated 2/29/12)

Project Summary (March 2012): Application Type: Sketch Plan  Applicant: Spaulding Holdings, LLC  Agent: Tom Hutchins  Location of Property: 14 Bloody Pond Road  Tax Map #: 277.02-1-36, 37, 41  Lot Size: 62.3 acres  Zoning Classification: RCM-2SB, TC-A, LC-8.5  Project Description: To construct an access drive to allow for future expansion of the campground.

Waterkeeper Perspective:  A 15% grade for the entire access road up a steep mountainside is being proposed at this time.  The amount of disturbance attributed to the road construction is contrary to TLG Town Code and would require a varaiance from the Zoning Board of Appeals at the very least.  Application for an expansion of the actual number of campsites is stated will be submitted at a later time in the future.  Potentail proposed sites appear to be smaller than what is permitted in the TLG (2500sf minimum size).

Waterkeeper Comments: See comment letters to the Town of Lake George Planning Board for February 2012.

Next Meeting: The Planning Board discussed this application for the first time at the March 6, 2012. It has not been scheduled for a public hearing, although the Waterkeeper has requested that a PH be scheduled at this time.  Applicant needs to get a variance approval for the 15% road grade (April 19 meeting?) and come back to the PB in June.  PB encouraged that the entire project be discussed together, not merely the road to a 'future project', as the total disturbance is substantial, stormwater management for the entire parcel will need to be discussed, and the cost of engineering fees are necessary regardless of segmenting the project to save expenses at this time (per applicant).   

Project Summary (April 2009):  Area Variance for setback relief and to seek acknowledgement and approval of continuation of all exisitng uses and Site Plan Application to upgrade and improve exisitng facilities for property located at 14 Bloody Pond Road (277.02-1-41).

Waterkeeper Perspective:  The pre-existing, non-conforming 16.8 acres of the campsite located in RCM S2B (total campground is 30.5 acres) is not an allowable use in this zone, thus it is non-conforming.  The RCM S2B is zoned 2 acre minimum, specifically indicating one Single Family Dwelling (SFD) per 2 acre site.  There are 130 campsites in this area (vs. the 8 SFDs allowed.  This should have raised questions by the ZBA and PB, specifically when was this camping area increased by 50 campsites, having only 165 registered.  The TLG Zoning 173-53 states that all changes to a campground must be approved by the PB before the annual ’operating permit’ is renewed.  Obviously this was never enforced.  On-site wastewater treatment systems (OWTS) for the entire 50 year old campground have no identified absorption fields and little is known about their function, and yet the PB never discussed this and the Consolidated Board of Health (CBOH) approved 3 new systems.  PB waived the Public Hearing.

Waterkeeper Comments:  See comment letter to the Town of Lake George Planning Board for April 2009.  PB never acknowledged information in letter submitted.  A follow-up letter will be sent to the PB Chairman regarding all approvals without discussion of 50 year old OWTS and permitting increased density.

Next Meeting: ZBA approved setback and density variance on 3/19/09.  PB approved 215 campsites vs. the 165 campsites that are listed on the annual ’operating permit’ on 4/7/09.  TLG Consolidated Board of Health approved 3 new septic systems on 4/8/09. 

Koncikowski (updated 5/5/10)

Project Summary: The applicant proposes a mountaintop subdivision of 193 acres into 15 lots located off Goggins Road.  The project proposes the construction of a 4000 ft road with grades up to 10% to be dedicated to the Town.  Stormwater management will be provided for the road with pocket ponds followed by infiltration ponds.  Individual on-lot stormwater designs have been provided.  On-site wastewater treatment systems and wells are proposed.  Seven to eight lots are to be located on top of the ridge with views of Lake George.  The applicant  has submitted a revised stormwater management plan and a Visual Analysis. The project required an Individual SPDES Permit for Discharge of Stormwater from a Construction Activity from the NYSDEC due to the excessive disturbance on steep slopes.

Waterkeeper Perspective: The proposed stormwater management plan appears to improperly apply infiltration to wet/pocket ponds which significantly reduces the post-development runoff rates.  The individual lot stormwater management plans incorporate infiltration devices in situations which are not acceptable - infiltration trenches in steep fill sections; eave trenches on house with foundation drains and rain gardens with questionable soils.  The on-site wastewater treatment system on Lot 6 is proposed with 4 ft fill on >20% slope and does not comply with NYSDOH standards.  Six houses are proposed on the ridgeline with a road and cul-de-sac which will result in significant clearing which should be evaluated.  The Waterkeeper submiited detailed comments to the NYSDEC regarding the SPDES Permit application including:  1) the increased stormwater discharge during construction and failure to reduce stormwater runoff as required; 2) the apparent error in the sequence of construction regarding disturbance area greater than the allowable 5 acres at one time; 3) use of pocket ponds for the reduction of stormwater volumes; and incomplete information available for review.  The Waterkeeper responded to a second Public Notice for Comments issued by the NYSDEC for the proejct.  Comments remains the same since none of the comments in the first comment letter were recognized.

Waterkeeper Comments: See comment letters to the Town of Lake George Planning Board for October 2008 and March and April 2009.  See comment letter to NYSDEC regarding SPDES permit application February 2010.  The Lake George Waterkeeper submits second comment letter to the NYSDEC regarding the SPDES permit application March 2010.  

Next Meeting:  A negative declaration was made on the SEQRA, stating that all impacts (including construction on 3 ft depth to bedrock) could be successfully mitigated.  The Planning Board approved the subdivision with the following conditions: 1) that the TLG Highway superintendent approve the cul-de-sac design (whether it be entirely paved or with grass (as recommended by the town engineer to increase permeable surfaces); 2) Lots 1 and 15 could not be further subdivided for 7 years, and that this must be noted on the map.  The New York State Department of Environmental Conservation accepted public comments on the Individual SPDES Permit for Discharge of Stormwater from a Construction Activity until February 5, 2010.  Based on the comments submitted by the Lake George Waterkeeper, the proposed stormwater management plan must be revised and resubmitted as per NYSDEC February 2010 letter.  Despite the revision to the original Draft SPDES Permit, the NYSDEC did not recognize the majority of the Waterkeeper comments and held a second Public Notice on the application.  In a meeting held with NYSDEC staff to discuss the initial comments, staff stated most comments were not under their jurisdiction and would not be recognized.

Lake Shore Lodges, LLC (updated 11/24/09)

Project Summary: Site Plan Application #25-2009 submitted by Lake Shore Lodges, LLC to redevelop the property into tourist timeshares, for property located at 3677/3678 Lake Shore Drive (225.12-1-16 & 226.09-1-11).  Site Plan follows variance application, previously filed under Morgan Management, LLC for Lake George Suites.

The applicant received variance relief for Section 175-52(A)(5)(a) of 29,182 square feet for the minimum land area necessary for a tourist timeshare project in the RCH-LS zoning district; relief under Section 172-52(A)(5)(c) for 24 units over 1,000 square feet in size in regard to the permissible square footage of floor space per unit; relief under Section 175-52B of 45 feet on the lake side in regard to the required building setback of 100 feet from the lakeshore; relief under Section 152-52(C) of 50 feet on the lake side in regard to shoreline frontage required; relief under Section 175-34(A)(1) of 30 feet on the lake side for an existing bridge (to be covered) in regard to the 30 foot stream setback required for accessory structures; relief under Section 175- 21(G)(2)(b)(4) of 90 feet on the lake side for an infiltration device in regard to the 100 foot setback required from Lake George and any down gradient drinking water supply, lake, river, protected stream, water well, pond or wetland; and relief of 5 feet from the New York State Department of Transportation right-of-way for a pedestrian tunnel to cross Route 9N.

Waterkeeper Perspective: The Lake George Waterkeeper does not support the variances that have been approved. New development should have the capability to be initially proposed and discussed within the confines of existing zoning restrictions. The cumulative impact to Lake George from increased density on fthe already impaired shore lmay be mitigated by reducing impervious surfaces on that parcel and moving some of the proposed activity there to the other side of Rt 9N (away from the lake). Changes to the overall design removed the three cottages at the top of the parcel (one cottage had been located over a stream) and subsequently created one large cottage closer to the Main Lodge. Shoreline development increased from three residential units to seven units within the Boathouse Club. The building on the shoreline within 15 feet of Smith Brook (and requiring a variance for shoreline setback, with a 30 ft minimum) is too large to permit adequate proposed restoration of the stream, including buffering and a vegetative canopy to protect Smith Brook (an impaired stream). Underwater algae photos were presented to the ZBA Board members with an explanation of nutrient loading and the impacts of reduced permeable surfaces adjacent to Lake George. High ground water on the lakeshore site adds to the challenges to adequately infiltrate stormwater, supporting ther fact that an 8000 sq ft building may be too much building on the shoreline (although the applicant continues to state that the new structure is within the old footprint). 

Waterkeeper Comments: See comment letter to the Town of Lake George Zoning Board of Appeals for June and August 2008 and Town of Lake George Planning Board comments August 2009.  Verbal comments were made in October 2009.

Next Meeting: Concerns regarding the magnitude of the variances were again voiced by TLG residents. at the October 16, 2008 ZBA meeting.  The Public Hearing was then closed.  ZBA Board members shared their opinions about the project and thought that they would be in a position (after reviewing everything presented) to grant or deny the variance(s) at the November ZBA meeting.

At the 11/20/08 ZBA meeting, the entire application (all six variances) were approved (with a 4 to 1 vote).  There were virtually two discussions that took place at the meeting:  1) Two of the ZBA Board members had been identified to have comparable businesses within 500 ft of the project site.  Local residents had requested recusals for these two ZBA Board members.  Both ZBA Board members (including the Chairman) spoke at the meeting and assured the remaining Board members, the applicant and audience that they would remain ’objective’.  2)   Construction on the Lakeside parcel would not take place between Memorial Day through Labor Day (indoor construction would be acceptable).  There was no more discussion of any of the variances sought, either individual issues or collectively.  The motion to approve was very quickly made and the previously prepared resolution was read.  The vote was taken, and the variances sought were approved.

Planning Board requested screening of the Boat House Club on the shoreline, but applicant’s representative said that the new structure was in the "...exact same footprint...can’t change that...and the building will clearly be seen from the lake...don’t want to obstruct their view of fthe lake...".  PB requested a planting plan and that blasting issues be addressed. Public Hearing on September 1, 2009 was left open, requesting that 1) soils on lakefront parcel be investigated; 2) a blasting schedule be identified; 3) need photos to better depict what the uplands building will look like from the lake (applicant stated that it would not be seen); 4) applicant waiting to see if ACOE wetlands are determined jurisdictional; 5) how many seats proposed in the restaurant; 7) how large is the footprint and building on the shoreline parcel; 8) how mauch water usage capacity is proposed.

Applicant tabled on October 6, 2009 due to a redesign that was not yet completed (pool and restaurant were now proposed on the upland parcel in the Main Lodge).  Applicant said that Gilchrest Marina (neighbor to the north that currently shares septic) could hook up to LSL’s new waste water treatment system and that the neighbor to the south, Blue Lagoon Manor and neighbor on the upland parcel will be hooked to community water line.   Planning Board held the scheduled Public Hearing and the ccntinued concerns from local residents were heard.

Landcrafters, LLC (updated 12/7/11)

Project Summary: The applicant proposes a nine lon ot subdivision of 18.92 acres located Route 9N (276.00-2-12.1).  The project is located in the RCM-S2 Zoning District and is designated as Low Intensity Use on the Adirondack Park Land Use and Development Map.  The subdivision application was originally submitted to the Town of Lake George in 2005 and subsequent submission to the APA in 2008.  The nine lots will have road frontage on NYS Route 9N, four lots will gain access on a private road, two common driveways will each service 2 lots with one single residence driveway.  The each lot has frontage on a smaall pond located on the headwaters of West Brook.  The land is currently wooded and can be characterized as steep.  The lots will be serviced by individual onsite watsewater treatment systems and wells.  A major stormwater project design is required and stormwater management will consist of infiltration in grass lined basins and through subsurface infiltration chambers.  The project will require a permit from the APA, onsite wastewater treatment system review by the NYSDOH and a stormwater permit from the NYSDEC.  Preliminary plans were submitted to Town of Lake GEorge Planning Board for approval prior to further submission to outside agencies.  Applicant has provided deep test pits and percolation tests and claims the plan depicts reasonable developable lots. 

Waterkeeper Perspective: The Waterkeeper has several concerns regarding the proposed project including reducing the number of lots by excluding unbuildable land from the density calculations; implement Low Impact Development measures; reduce the depth of cuts for the stormwater basins and utilize the existing soils for improved treatment; provide a complete Stormwater Management Report; site layouts do not provide the required 100' separation between the onsite wastewater treatment systems  (OWTS) and stormwater basins; and the need for Stormwater Maintenance Agreements.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board December 2012.

Next Meeting: The proposed application was initially reviewed by the Town of Lake George Planning Board in 2005 and a public hearing was held in February 2006 and kept open.  Subsequently, an application was filed with the APA in 2008 and a Notice of Incomplete Permit Application was issued on December 19, 2008.  The public hearing was continued on December 6, 2011.  The application was tabled pending Town Engineer review with the public hearing remaining open.

Lanfear (updated 2/1/11)

Project Summary:  Site Plan Application #29-2009 submitted by Michael R. Lanfear to construct a two story 75x32 foot multi family building with 4 units each 1194 sq. ft., 2 bedrooms, and 8 parking spaces, for property located on Big Hollow Road (238.17-1-1) in RCM1.

Waterkeeper Perspective: The Waterkeeper has several concerns regarding the proposed project located approximately 50 ft from English Brook.  Although the proposed clearing is 14,750 sf a major stormwater plan is recommended.  In addition, separation distances for onsite waste water treatment does not satisfy code (200 ft separation from stream with 100 ft proposed) and a 75 ft setback from stream is required (60 ft is proposed).  These variances will need to be addressed.  Limits of clearing and final grading have not been identified on the site plan.  The Waterkeeper recommended enhanced treatment for the wastewater treatment system to mitigate the reduce separation to English Brook; reduce the impervious cov er on site; require detailed floor plans; require native vegetative replanting in the stream corridor; and delineate and protect the clearing limit on the plans and in the field. 

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for November 2009 and February 2010.

Next Meeting: The project will be altered to a 3 unit dwelling to avoid a density variance (4 acres is required/ 3.85 acres exist).  PB requested a major stormwater plan.  New application with changes to be submitted by 10/20/09 in order to be on the Nov 4, 2009 PB meeting agenda.  Applicant was on the Nov 4, 2009 agenda without submitting requested information (no revised building layout submitted, no topos submitted, no National Grid easement submitted, no stormwater submitted, no silt fence shown around well).  Applicant would like to sell land (and not spend $ to get easement from National Grid), and has no plans for immediate construction (possibly within 2-5 years).  Discussion between Zoning Officer and applicant regarding DOH standards and therefore needs a CBH variance.  At the Jan 12, 2010 Consolidated Board of Health meeting, the applicant was asked to redesign the proposed absorption bed to create more distance from English Brook (proposed did not meet TLG 200 ft separation regulations).  This item was tabled at the March 2, 2010 Town of Lake George Planning Board meeting.  Public Hearing closed on 5/4/10.  PB approved with a ’no-cut’ zone, buffer, floor plans required and no phosphorus fertlizers to be used.

Project Summary:  Application Type: Area Variance #30-2012: Applicant: Laphatt Holdings, Inc.; Agent: Jon Lapper – Van Dusen & Steves; Location of Property: 513 Canada Street; Tax Map #: 251.10-1-16; Zoning Classification: RH; Project Description: Proposing 12 townhouse units where 5 are allowed requesting a 7 units variance.  Proposing 27.5’ stream setback for stormwater infiltration device where 100’ is required; requesting 72.5 ft. where 100’ is required.   

Application Type: Sketch Plan Application presented at the June 2012 Planning Board meeting.  Area variance: Location of Property: 513 Canada Street; Tax Map #: 251.10-1-16; Lot Size: 2.08 acres; Zoning Classification: RH; Project Description: To construct 7 ( 2 story multi-family dwellings: 3 townhouses will be in the Town’s 2.37 acres  and 4 townhouses will be in the Village’s 1.5 acres (with 4 units in each townhouse). The total project will consists of 14 units with 2 bedrooms and 14 units with 3 bedrooms.  TLG parcel would require a variance for 6 of the 12 proposed townhouses based on zoning and a 72.5 ft variance for stormwater management infiltration within 100 ft of English Brook.   

Waterkeeper Perspective: The Waterkeeper has several concerns regarding the proposed project located adjacent to English Brook, specifically maximizing the number of proposed units (300% variance requested) resulting in excess disturbance and clearing, potential adverse environmental effects due to significant grading and proposed 10ft cuts, removal of most of the mature vegetation, and concerns regarding the efficacy of the proposed stormwater management.

Waterkeeper Comments: See comment letter to the Town of Lake George Zoning Board Appeals for September 2012 and January and February 2013.

Next Meeting: The Zoning Board of Appeals discussed this application for the first time at the Sept 2012 ZBA meeting.  The proposed stormwater management (SWM) within 28ft of English Brook will be discussed by the applicant's engineer at the next ZBA meeting (not yet on the agenda).  One ZBA Board member suggested that the proposed SWM adjacent to English Brook be relocated away from the stream on the VLG parcel (which would require a reduction of one of the proposed townhouses within the VLG). On January 17, 2013 the ZBA approved the TLG parcel with 2 buildings/4 units each for a total of 8 townhouse units (12 townhouse units (3 buildings) were requested/6 townhouse units are permitted in this zone without a variance).  Site Plan Review in both the Town and Village of Lake George will follow.   

Lochlea (updated 5/16/12)

Project Summary: Major Subdivision application to subdivide 9.3 acres into 9 lots (TLG parcel only) for property located on Lochlea Lane and English Brook Road (251.11-1-9).  Applicant proposes a total project of a 13 lot subdivision on approximately 13 acres (4 lots to be located in the Village of Lake George and 9 in the Town of Lake Geroge). There are 5 existing homes and 8 new lots are proposed. The application proposes a Cluster Subdivision design with smaller lots located away from the lake shore while maintaining a large open space. The project proposes a 50 foot setback along English Brook for 4 of the houses and a 50 foot setback along the wetland for one of the houses on the property. The project will connect to the Village Sewer System and Water System.  A 13-slip dock complex is proposed on the northern portion of the 900 foot shoreline, with the applications discussed separately (originally, the subdivision and docks were to have been reviewed concurrently).  The Village of Lake George will review the 4 lots within the Village boundary.  The mayor provided a letter granting sewer capacity.  The Village is considering the Town’s request to be lead agency on SEQR.  The project is considered a major stormwater project.

October 2011: Modification to Major Subdivision Application #2-2009 - to modify the approved landscaping plan.  Applicant porposed cutting in areas near lakeshore where it is thick and overgrown and to remove invasives species.  Cutting 12 trees in designated APA wetlands and 17 trees on the shoreline is not supported.  Planning Board member stated 'no cutting of any kind on shoreline' but was absent for the next meeting when the 30 trees were approved to be cut down. 

Waterkeeper Perspective: The project will be permitted to utilize the Village of Lake George’s water and sewer (with all mains maintained by the VLG).  The proposed 8 new single family dwellings "...are not a new service and the increase is small.." per the applicant.  The Waterkeeper supports a minimum 100 foot setback for disturbance to streams and wetlands, although 50 ft is being proposed.  It is our opinion that the proposed 50 foot buffer for the 4 houses is not adequate for water quality protection and that the limits of clearing drawn on the site map (at approximately 5 ft in some locations) is not realistic.  In general, the Waterkeeper supports the concept of cluster development, and feels that this could be good development if the density were reduced to allow approporiate placement of the proposed SFD (further than a 50 ft stream and wetland setback).  The Waterkeeper questions whether some of the area included in the density calculations should be considered.  A PB member stated that he liked the way that the houses were "...tucked into the trees...", but when the houses are built, the trees will be removed, as limits of clearing drawn on site plan do not appear to be accurately represented.  A rendition of the total trees to be removed was presented to the PB at the 3/10/09 PB meeting.  Revisions to the stormwater management plan have been submitted.  The project also requires a subdivision review by the Village of Lake George and the Waterkeeper has requested a public hearing to address stormwater management, buffer setbacks and flooding issues.  No Public Hearing was held by the Vilage of Lake George Planning Board and the subdivision was passed without complete review.  The Village of Lake George rescinded the approval at their April 15, 2009 meeting.   

Test pits were completed on Saturday, 6/6/09 after Waterkeeper letter asked when it would be the right season to do them.  Waterkeeper continues to encourage the TLG PB to revisit the density calculation and the location of the homes within the mature trees (therefore reduce rthe amount of trees on the site that will be removed).  Recent aerials were shown indicating the extent of the development impact as it currently is proposed.  The TLG PB has made not changes to the initial application proposal for this subdivision.

October 2011: Modification to Major Subdivision Application #2-2009 -  Applicant's representative proposed cutting in areas near lakeshore where it is "...thick and overgrown and to remove invasives species", al\lthough stated that no land would be disturbed (stumps left behind).  Cutting 12 trees in the designated APA wetlands and 17 trees on the shoreline is not supported by the Waterkeeper.  A Planning Board member stated 'no cutting of any kind on shoreline' but was absent for the next meeting when the shoreline and wetland trees were approved to be cut down.  The proposed landscape modification plan includes the planting of 25 trees on the entire property.  This is good, except for the fact that over 160 trees will be taken down for the construction of the eight new, additional homes.  Notes to "allow native vegetaion to grow; do not mow within buffer; non-native or invasive shrubs may be removed..." is not supported, as non-native vegetation is not a problem.  If all non-native vegetation were removed on properties within the Lake George watershed, there would be very little vegetation left.  Changes that were made as a result of Irene or after Irene were not shown on any site plans, so the PB had incomplete information to evaluate for their final modification decisions.

In conclusion as stated by applicant's representative:  No clearing for a view; no cutting within 6ft of shoreline; along English Brook there is no cutting just planting; no ground disturbance; preserving meadow; enhancing rain gardens; vegetation being added next to tennis court within 50ft of English Brook. 

Waterkeeper Comment:  See comment letters to the Town of Lake George Planning Board for January, April and June 2009.  See comment letters to the Village of Lake George Planning Board for March 18, March 19 and April 2009. 

Review of 13 dock slips for subdivision was discussed at the 8/4/09 Planning Board meeting and also to be on the agenda of the Lake George Park Commisssion on 8/25/09 (Waterkeeper letter submitted June 2009).  Recommendation by Waterkeeper to install ’pole’ or ’stake’ docks vs. proposed crib dock to minimize environmental impact.   TLG public hearing for Class A marina docks was on 9/1/09 and the PH was closed.  TLG PB will wait for LGPC’s decision (to be discussed at LGPC’s meeting on 9/22/09).

October 2011: Modification to Major Subdivision Application #2-2009 - See comment letters to the Town of Lake George Planning Board for September and November 2011. 

See letter to Town of Lake George Supervisor from Lake George Waterkeeper Attorney May 2012.

Next Meeting:   Variances from the Town of Lake George (TLG) Zoning Board of Appeals for reduced lot sizes, setbacks and road frontage to support the cluster concept was granted.  A TLG Planning Board Public Hearing was held on 3/10/09 and 4/7/09 and has been left open.   Concerns by PB members that identifying and addressing flooding issues (specifically 2 SFD that are being proposed in the English Brook flood zone) within the subdivision would preclude a favorable Environmental Impact Statement (EIS) discussion and approval.  PB also requested a planting plan to screen houses that will not be constructed within the existing mature trees.  Neighbors to the south (Scrimshaw HOA) requested a stormwater management design to mitigate water that has flooded their property and destroyed their beach in the past. Applicant’s representative stated that there was evidence of water flow to the 2 homesites on English Brook, therefore no issue of wash out.  PB members concurred that the 2 houses would be protected.  In regards to the Waterkeeper comments in June 2009, represemntative stated that the issues "...have all been visited before...".  Lands underwater determination regarding density calculation for the site is not the same interpretation made by Waterkeeper.  TLG PB is currently not discussing the VLG property in the full subdivision, although it should be as the VLG has given TLG lead agency status. 

The Village of Lake George Planning Board reviewed the sketch plan at their February 2009 meeting and scheduled the application for subdivision review at their March 18, 2009 meeting.  The subdivision was approved by the VLG PB without a Public Hearing and complete review.  The Village of Lake George Planning Board rescinded the subdivision approval at their April 15, 2009 meeting.

TLG PUBLIC HEARING was closed on 6/9/09 with outstanding issues to be submitted to the TLG by 6/23/09 in order to be on the July PB agenda. On July 7, 2009 the TLG PB determined a negative declaration for SEQRA and approved the 13 lot subdivision, with conditions for Site Plan required for all TLG SFD developemtn and waived Section 175-21G(2)(13) of the Town of Lake George Zoning Ordinance (0.57 acres unable to capture required stormwater).  The approval was granted without discussing stormwater impacts on the VLG parcel.  At the 8/4/09 TLG PB meeting, the PB admitted error and modified previous conditions of approval done on 7/7/09, stating that the stormwater waiver granted for the VLG was in error and that the VLG would need to address the issue. 

Review of 13 dock slips for the approved  subdivision (a Class A marina) was approved at the October 6, 2009 Planning Board meeting, after the Lake George Park Commisssion approved the proposed intermittent crib dock on 9/22/09.   LGPC is promoting ’pole’ or ’stake’ docks vs. crib docks to minimize environmental impact, but felt that this proposal was a compromise.  

October 2011: Modification to Major Subdivision Application #2-2009 - Final modified landscaping plan approved by TLG PB 11/15/11 without conditions.

Project Summary: Applicant proposes to construct a 32 x 56 single family, three bedroom residence with a 28 x 36 garage for property located on Middle Road.  The property is currently vacant with some fill brought in for grading purposes.  Wet areas are present on the site but APA determined they are not juridictional wetlands.  An intermittent stream and drainage swales are present on the site.  An on-site wastewater treatment system and on-site well is proposed.  A major stormwater plan was prepared based on the amount of disturbance.

Waterkeeper Perspective: The Waterkeeper has several concerns regarding the proposed project and the impacts on the natural drainage in the area.  The development proposed the installation of up to 10 feet of fill and the removal of mature vegetation in a drainage way which attentuated stormwater runoff.  The downgradient areas have experienced flooding.  All disturbance should be minimized and stormwater managed to the greatest extent possible.  The proposed infiltration trench should be reevaluated due to the proximity to the foundation and footing which will reduce the infiltration capabilities.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for October 2008.

Next Meeting: The project must go to the Consolidated Bord of Health for approval on November 12, 2008.  The plan was approved by a 4-2 vote with conditions requiring a stormwater maintenance bond and sign off from the applicant’s engineer. 

McCoy (updated 8/10/12)

Project Summary:  Application for Site Plan Review SPR#52-2012 and #53-2012 submitted by Frank McCoy with Tom Jarrett as agent to construct single family dwellings existing lots; for property located on Middle Road and Stone Schoolhouse Rd. Tax Map #238.15-1-12. Lot Size 2.49 acres and 2.07 acres. Zoning Classification is RM-1. 

These two lots were originally part of a subdivision approved in 1989 with wetlands and are therefore back to prove that these lots are buildable. The wetlands occupy much if not all of the rear of the lots making it a difficult situation. As a result the applicant proposes two houses clustered towards Middle Road sharing a common driveway with a common stormwater system for the driveway. The wastewater systems for each lot are separate, but are both situated on lot B with an easement for lot C to access that portion of lot B for construction and maintenance of the system. Need to use DOH’s standards for construction of the waste water system, therefore a CBOH variance is necessary.

Waterkeeper Perspective: The Waterkeeper has several concerns regarding the proposed project and the impacts on the natural drainage in the area.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for .

Next Meeting: The project was discussed by the Consolidated Board of Health on July 2012 

Morey (updated 1/5/11)

Project Summary:  Modification to Site Plan Application #47-2008 submitted by Michael Morey to modify the condition of access off the road off Morey’s property, for property located on Truesdale Hill Road (224.02-1-16 and 224.02-1-17).

Feb 20, 2009:  Site Plan Application #47-2008.  Request permission to salvage timber that has been wind thrown or diseased and to conduct a light thinning of the stand to promote growth for property located on Truesdale Hill Rd (224.02-1-16 & 17).

Waterkeeper Perspective:  Concern for the protection of any streams on the property.  Warren County Soil and Water Conservation District (WCSWCD) recommended 20 ft buffers on any unmapped streams or pocket wetlands, although an undisturbed buffer of 50 to 100 ft is recommended by the Waterkeeper.  The new access road is proposed at 25 ft wide and 1000 ft long, which appears to require an excessive amount of clearing.  No development for 7-10 years after timber harvesting should be conditioned.   

Modification proposed on 1/4/11 included utilizing the existing log road and landing area (on neighbor’s property) in lieu of clearing for a new road.  This decision was based on the fact that the truck drivers did not feel that the location of the approved proposed road was safe.   

Waterkeeper Comments:  See comment letter to the Town of Lake George Planning Board for January 2009.

Next Meeting:  Public Hearing was closed on Feb 3, 2009.  Application was approved with the following conditions:  Applicant follow WCSWCD recommendations made in January 20, 2009 letter to the applicant.  Because TLG Highway Dept supervisor would not support the cut of a new access road, the existing driveway would be used for the timber harvesting operation (which would now only take place in the winter when the ground was frozen as the exsiting road would not sustain heavy trucks in other conditions), revegetation would occur during the Spring (seed and mulch) for growing seasons and no trees would be cut in a 25 ft buffer between neighbor’s property.  Neg declaration on short form SEQRA.

Modification proposed on 1/4/11 was approved by the PB.

Morris (updated 1/5/11)

Project Summary: Site Plan Application #30-2010 submitted by James R. Morris to construct a 10x14 foot storage shed, a 12x22 foot carport and a 39x39 foot dock and boathouse, for property located at 25 Amitola Lane (251.16-1-2).

Waterkeeper Perspective:  At the invitation of the applicant’s representative, the Waterkeeper visited the site to review after the fact construction of the boathouse and future and  proposed addition of shed and carport.  Ledgerock on shoreline and full buffer was not disturbed for construction, as the dock was built around eixiting conditions.  Entire site is vegetated with large trees and 100 year old myrtle that covers all soils.  Recommendations to the PB to require that the site be brought into compliance with stormwater management regulations was never discussed, as the emphasis was on the boathouse.

Waterkeeper Comments:  See comment letter to the Town of Lake George Planning Board for December 2010.

Next Meeting:  The Town of Lake George Planning Board approved the proposed additions on January 4, 2011 after Warren County approval in Dec 2010 (through default, as there was no quorum at their meeting) with the following conditions:  All necessary TLG permits are issued (concern for already constructed dock/boathouse) and that the $250 fee for that be paid.

Mountains Edge Subdivision (updated 7/23/12)

Project Summary: Application Type: Modification to Mountain’s Edge Subdivision;  Applicant: Michael Phinney;  Location of Property: Huna Way;  Tax Map #: 251.20-2-19;  Lot Size: 14.34 acres;  Zoning Classification: RCH;  Project Description: Modification to subdivision approval for lots to have individual private water wells instead of being connected to a municipal water system.

Waterkeeper Perspective: Previously approved subdivision's SWM should be re-evaluated due to ledge rock on the property. 

Waterkeeper Comments: Verbal comments made at PH 7/10/12 Planning Board meeting:  With additional clearing for wells and newly identified ledge rock on the property, stormwater management should be reviewed; Landscape plan and Site Plan Review should be required for each lot; With revisions to the subdivision based on ledge on the site, good opportunity to utilize LID designs as each home will be custom built.

Next Meeting: The Town of Lake George Planning Board approved the proposed changes to the subdivision with the following conditions (including the fact that all previously approved subdivision conditions are still in place); Lots 1, 2, 3, 5 and 6 will require SPR due to steep slopes; the other lots the Zoning Administrator has the descretion to decide if need SPR; and applicant must receive all DOH approvals.

O’Connor (updated 11/29/11)

Project Summary:  Area Variance # 4-2011 submitted by Irene M. O’Connor to change deck sizes from 4x14 to 8x12 requesting a 28 foot stream setback variance for cottage #15, a 15 foot stream setback variance for cottage #16 and an 8 foot stream setback variance for cottage #24, for property located at 3454 Lake Shore Drive (225.20-1-46 and 225.20-1-47).

Site Plan Application #5-2011 submitted by Irene O’Connor to replace existing 4’x14’ decks with approximately 8’x12’ decks, for property located at 3454 Lake Shore Drive (225.20-1-47 and 225.20-1-46).

Site Plan Application #16-2011 submitted by Irene M. O’Connor to develop lawn into a picnic/patio area with wood patio/deck at ground level and relocate new playground for property located at 3454 Lake Shore Drive (225.20-1-46 and 225.20-1-47).

Waterkeeper Perspective:  There are alternatives to rebuilding a deck within 2 ft of the stream for Cottage #15 (construction occuring over the stream), but ZBA did not address this issue, although they did require stream protection during construction.  

Waterkeeper Comments:  See comment letter to the Town of Lake George Planning Board for April 2011.

Next Meeting:  Public Hearing was closed and variance application approved by ZBA with the following conditions: silt fence with hay bales to protect the stream during construction and screening on cottage #15.  PB approved site plan for new decks with no discussion of project or conditions.

Passarelli (updated 6/24/09)

Project Summary:  Area variance application to construct a 2-3 foot high natural rock retaining wall along the shoreline and to construct an 8 foot wide concrete steps to provide access to the lake for property located at 2988 and 2992 Lakeshore Dr (251.07-1-68 and 251.11-1-13).  At the June 23, 2009 Planning Board meeting, the Board focused on the the langauge of the Town Code requiring the preservation of the natural shoreline, to preserve and protect the properties of Lake George and to not alter the natural contours of shorelines.

Waterkeeper Perspective: The Waterkeeper believes  that this application to build a retaining wall in Lake George to "...reduce erosion and eliminate unwanted poison ivy..." may in fact, actually accelerate the erosion problem.  Erosion began when the two parcels were clear-cut to the shoreline (2003) and never appropriately revegetated.  In addition, building retaining walls in Lake George is not supported by the NYS Dept of Environmental Conservation (NYS DEC) or TLG Zoning Ordinance.  Per DEC, retaining walls are "...only approved under the most unusual circumstances".  It was noted that the applicant will need to apply for a DEC permit, but this has not yet been done. The application as submitted does not appear to reflect the actual topography of the land and shoreline, possibly requiring a much larger retaining wall than what has been proposed.  Stairs into the lake are no longer being proposed as poured concrete, as information about the fact that calcium may leach from the concrete (potentially feeding a Zebra mussel population) was introduced.  The planting plan submitted to the TLG Planning Board is not consistent with the ZBA’s approval with conditions (RE: shoreline buffer).  At the June 23, 2009 public hearing, the Waterkeeper provided photographs of the shoreline documenting a lack of erosion claimed by the applicant.  In addition, testimony was provided about the extent of development and the failure to mitigate impacts from the previous disturbance from the clear cutting, failure to plant the required trees as per a Town Board July 25, 2003 resolution, construction of a structure within the shoreline setback and failure to install stormwater management. 

Waterkeeper Comment:  See comment letter to the Town of Lake George Zoning board of Appeals for December 2008 and Planning Board for February and March 2009.

Next Meeting: The variance application was approved with the following conditions:  8 ft wide x 18 inch height planted substantial native mixed height vegetated buffer with the proposed steps to be natural stone (vs. poured concrete).  ZBA recommendation to the PB: vegetation plan required and that wall applies to area between boathouses only.  The application was tabled by the applicant for the February and March Planning Board meetings, but will be on the agenda’s  ’Regular Meeting’ (not a Public Hearing) on April 21, 2009.  After a public hearing at the June 23, 2009 Planning Board meeting, the Planning Board unanimously denied the proposed retaining wall application for failure to comply with 175-27.

Peek (updated 3/4/13)

Project Summary:

Project Summary: Applicant proposes to add a laundry use to an existing three story structure located on Lake Shore Drive, which currently houses a retail use on the first floor and a one bedroom apartment on the second floor.  The proposed uses require 20 parking spaces of which 19 are provided and one additional space is proposed.  A new wastewater treatment system is proposed to serve all flows from the building’s uses.

Waterkeeper Perspective: The Waterkeeper believes information regarding the wastewater treatment system design is lacking from the application, which is needed to determine the adequacy of the design.  In addition the design does not meet applicable regulations and standards for the design of an absorption bed.  The absorption bed is proposed to be installed under a gravel parking area. 

Waterkeeper Comment:  See comment letter to the Town of Lake George Planning Board for October 2008.

Next Meeting: The application is on the agenda for the December 2, 2008 Town of Lake George Planning Board for site plan review.

Phoenix (updated 5/5/10)

Project Summary: Applicant proposes to construct an accessory structure (garage) within the stream corridor setback at 7 Sand Pebble Cove Road.  Up to 6 feet of fill has been placed up to the stream edge for the construction.  The Town Zoning Adminstrator issued a Land Use and Development Permit for the project.  When questioned, the Zoning Adminstrator stated the stream was not classified and did not appear on DEC maps and therefore, no setbacks applied and Site Plan review was not required.  This determination was confirmed in a letter from the Lake George Waterkeeper to the Zoning Administrator.  Subsequently, the Lake George Waterkeeeper filed an appeal to the Town of Lake George Zoning Board of Appeals contesting the determination of the Zoning Administrator to fail to require a setback from a stream and require Site Plan Review.  The petition was joining by two neighboring impacted residents.  However, the Town Zoning Administrator determined the appeal filed by the Lake George Waterkeeper would not be heard by the Zoning Board of appeals based on the fact a determination was not issued by his office and that the Lake Geoge Waterkeeper did not have "standing".   

Waterkeeper Perspective: The Waterkeeper feels the proposed construction should be subject to setbacks from the existing stream as well as require Site Plan Review.  The NYSDEC was contacted and the Senior Aquatic Biologist determined the stream was a perennial based on the presence of a defined stream channel and bugs found on rocks.  The Waterkeeper contacted the Adirondack Park Agency to determine if wetlands were present and there was a determination no wetlands were present.  The Waterkeeper requested:  1) the Town of Lake George to issue a Stop Work Order, 2) determine if the structure is within setbacks to the stream; and 3) require Site Plan Review.  The Lake George Waterkeeper filed an appeal to the Town of Lake George Zoning Board of Appeals regarding the actions of the Town Zoning Administrator.  Furthermore, the attormey for the Lake George Waterkeeper has submitted a letter to the Town of Lake George Zoning Board of Appeals contesting the Zoning Administrator’s refusal to forward the appeal and the improper application of the Town Code.  

Waterkeeper Comment:  See comment letter to the Town of Lake George Zoning Adminstrator  December 2009 requesting a Stop Work Order and a determination confirmation letter December 2009.  The determination of the Zoning Administrator was appealed by the Lake George Waterkeeper (Appeal Letter and Petition) in January 2010.  Neighboring residents joined the petition and a supplemental petition was filed (Supplemental Petition and Cover Letter) in February 2010.  Additionally, the actions of the Town Zoning Administrator have been questioned by the attorney of the Lake George Waterkeeper, see letter to Town Zoning Board of Appeals, February 2010.  

Next Meeting: The Town of Lake George Zoning Administrator determined the setbacks do not apply to the structure and Site Plan Review is not required since according to the records of the Town, the stream was not classified at the time of the permit application.   In January 2010, the Town of Lake George Zoning Administrator imporperly determined the appeal submitted by the Lake George Waterkeeper would not be heard by the Town of Lake George Zoning Board of Appeals, contrary to Town Code.  This determination has been further contested by the Waterkeeper in a subsequent letter submitted to the TownZoning Board of Appeals.

APRIL 2010 - The Town of Lake George Zoning Board of Appeals denied the appeal application at their April 15, 2010 meeting.  It was determined the appeal was not filed in a timely manner based on the issuance of the Land Use & Development Permit in July.  it was determined this was the only determination issued by the Town of Lake George Administrator on the project.  Since our appeal was filed more than 60 days after the determination (although construction did not start until 3 months after the issuance of the determination), it was after the statute of limitations and our appeal was not heard. 

Pontacoloni (updated 6/10/08)

Project Summary: Applicant proposes the construction of a two story, 4 bedroom, single family residence on 9.8 acres within a four lot subdivision off Travis Trail off Flat Rock Rd (approved in 1999). The project will have a well and on-site wastewater treatment system (which will require a variance from the Consolidated Board of Health). The project will require a major stormwater management plan and have filtered views of the lake.

Waterkeeper Perspective: The stormwater management system is based on calculations that do not include all proposed impervious surfaces and utilizes a very high infiltration rate, which may not accurately reflect field conditions during large storm events. The Waterkeeper offered a suggestion to relocate the proposed stormwater management facilities to reduce clearing and disturbance. The on-site wastewater treatment system is proposed on slopes exceeding 20%, which is not permitted under New York State Department of Health regulations.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for May 2008.

Next Meeting: Approved at 6/10/08 Planning Board meeting with the conditions that the town engineer sign off on the project; that the vegetation remain as is; that there be no additional tree cutting outside of the disturbed area without Site Plan approval and the disturbance area be delineated by a silt fence. Jim Hutchins shall certify the stormwater management plan, conduct inspections during construction and submit a final as-built plan.

Project Summary: Application Type: SPR#50-2012;  Applicant: Kevin Maschewski;  Owner: Joseph Purcell;  Location of Property: 14 Coulterbrook Rd;  Tax Map#: 238.12-1-17;  Lot Size: 3.0 ac;  Zoning Classification: RCH-LS;  Project Description: To remove sloped roof on 1st floor of boathouse, replace with flat roof & walkway deck.

Waterkeeper Perspective: Septic is to be moved up to the road (at present time it is "...located all over..." per TLG ZEO.  Shoreline buffer needs to be installed.  Applicant asked if it needed to be on the entire 250ft shoreline, and the PB Chairman stated that the buffer needs to stop runoff on the shoreline.

Waterkeeper Comment: Verbal comments at 5/1/12 PB Public Hearing showing photo of house with large lawn sloping to the lake and no shorleine buffer, with algal blooms offshore of this and adjacent properties.

Next Meeting: Approved at 5/1/12 Planning Board meeting with the conditions that 1) vegetative, planting plan and screening plan signed off by ZEO prior to issue of Land Use Permit; 2) Boom installed prior to construction for debris containment; 3) Before CO, needs buffer (planting plan) in place. 

Ragonetti (updated 11/29/11)

Project Summary: Area Variance Application #27-2009 originally submitted by Stephen Rucinski to replace a one story seasonal residence with a two story seasonal residence. The applicant is requesting a 4.6 foot rear yard variance and a 1.5 foot right side variance, for property located at 7 Westover Loop (238.20-1-24).  This property was purchased by Ronald and Kathleen Ragonetti from Stephen Rusinski.

Waterkeeper Perspective:  Before variances are granted for expansions on individual lots within the 13 lot subdivision (approved in 1975 with ’Restrictive Covenants’ conditioned), the Waterkeeper recommends that the TLG Planning Board review the entire 4.2 acre subdivision to avoid segmentation of the all future projects.  House was downsized from original submission, septic system has been certified for 2 bedrooms (150 gpd each) with land for expansion or replacement system in future if necessary.

Waterkeeper Comment: See comment letter to the Town of Lake George Zoning Board of Appeals December 2009 (for Rusinski project).  Applicant (Rucinski) was asked to redesign house to better fit the site and with less impact. Questions have been answered since the 2009 application, although there remains controversy with neighbors regarding expansion of existing SFD. 

Next Meeting:  At the Novemeber 17, 2011 ZBA meeting, the ZBA denied the variance request stating "...an undesirable change to the neighborhood..." with the proposed 130 square foot increase in structure footprint (footprint expansion from 810sf to 940sf). 

Reale (updated 11/28/11)

Project Summary:  Site Plan Review 6-2011 to construct a 12' x 12' pergola for property located at 21 Trinity Rock Road (238.08-1-53).

Waterkeeper Perspective:   Issues from 2005 regarding OWTS (possible undersizing of septic system consisting of a 1000gal tank and seepage pits for 5 bedroom SFD plus Class A Marina) were recommended to be addressed at this time, as well as the need for shoreline buffereing.on the site.  Neither were discussed. 

Waterkeeper Comment:  See comment letter to the Town of Lake George Planning Board for April 2011.

Next Meeting:  The Public Hearing was waived by the Town of Lake George Planning Board.  Applicant was approved with no conditions or discussion of shoreline buffering.  Applicant returned to PB for modification in July 2011, changing the structure to a pavilion (adding a roof to keep out rain).

Remmington (updated 11/28/11)

Project Summary:  Site Plan Review 23-2011 to demolish existing camp and construct new 1 1/2 story 3 bedroom single family dwelling at 6 Village Estates Lane (238.20-1-27).

Waterkeeper Perspective:   1982 5-acre condo complex was approved by the TLG PB with restrictions that there be "...no further expansions...".  Land is currently zoned 1 acre (was zoned 1/2 acre),  New septic system is designed for 80 bedrooms, of which 75 have been used (with no expansions of older original cabins).  Waterkeeper met with HOA president on site to discuss stormwater management issues and future potential mitigations (even prior to any expansions).  Additional shoreline buffering, as well as stormwater management were identified as beneficial to protect water quality. Expansion of SFD to 1100sf will include planting of rain gardens (per Jim Remmington) and stormwater management.  

Waterkeeper Comment:  Public Hearing waived.  Rain garden discussion with applicant prior to meeting. 

Next Meeting:  The Public Hearing was waived by the Town of Lake George Planning Board, as it was not required (340ft from Lake George).  The SFD was approved with the following conditions:  1100sf 1 1/2 story SFD; stormwater master plan for HOA completed before demolition; include additional SWM with retention area in back yard.

Richichi (updated 8/7/08)

Project Summary: Applicant proposes to construct a 4500 sq ft 4-bedroom single family dwelling (SFD) with attached 2 car garage on 2.75 acres within an APA preapproved subdivsion at 78 Cotherman Drive. This is a major stormwater project due to the amount of disturbance on the site.

Waterkeeper Perspective: Inconsistent stormwater management calculations for pre and post development were submitted, the total impervious coverage was not included and the on-site wastewater treatment system (OWTS) should be labeled as a ’fill system’ vs a ’shallow trench absorption system’. Recommendations to minimize limits of clearing and that a planting plan should be required.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board August 2008.

Next Meeting: Applicant’s engineer, Tom Hutchins, will alter the location of the SFD to reduce limits of clearing, resubmit correction of exisitng application to indicate one floor SFD (slab on grade) vs 2-story SFD as submitted and complete test pits in the location of the proposed stormwater management. Changes to be submitted to Planning Board for review before a Public Hearing is scheduled.

Rockledge - see Amersi (updated 1/27/12)

Project Summary:  Site Plan Application #18-2009 submitted by Rockledge On The Lake to change an existing marina from residential to a Class A commercial marina, for property located at 3072 Lake Shore Drive (251.07-1-52).

March 2009:  The applicant proposes to modify the existing docks to remove one whart and construct 2 "u" shaped docks.  The applicant proposes a total of 18 slips - 3 for the owner, 3 for motel residents and 12 for commerical rental.  No fuel sales or winter storage is proposed.  The applicant stated parking will be provided by the existing mansion and porta-potties would be provided for wastewatre treatment.  The applicant has met with the Lake GEorge Parck Commission who stated a room at the existing motel or in the mansion could not be used for a bathroom facility.  The Planning Board expressed concern about the lack of a designated parking plan and the possible need for stormwater control.  The Planning Board expressed concern about wastewater treatment stating porta-potties have not been permitted previously and concern about the status of the existing on-site wastewater treatment system. 

Dec 2010: TLG PB approved Class A Marina with the following conditons:  downward low lighting; 17 boat max (includes canoes, PWCs, etc); a planting plan approved by Planning Administrator; OWTS must be installed before any docks are rented.  A marina Planting Plan was included in the Modified Site Plan submitted on 12/14/10 (after SWO).  As the applicant’s representative stated at the PB meeting on 1/4/11 regarding the planting plan on the shoreline near the marina "...we added some supplemental planting to soften the area, it was not intended to be a buffer".  The proposed vegetation to be planted consists of 10 small non-native junipers and 11 lowbush blueberries (native), This was not the extent of the planting plan that was anticipated by the Waterkeeper.

January 2011:  The applicant submitted an application to the Lake George Park Commission for a Class A Marina for 10 seasonal rental slips, 5 for hotel guests and 2 for the owner. 

January 2012:  The applicant provides additional information regarding the proposed construction details on the (3) new "U shaped" docks, access to the shoreline, located the proposed restroom on the facility and provided locations for trash barrels. 

Waterkeeper Perspective: The Waterkeeper has concerns about bathrooms for the marina users, need for a parking an facility plan and potential clearing along the shoreline to access the proposed "U" shaped docks.  The Waterkeeper expressed concern to the Lake George Park Commission about the need to delineate the disturbance limits along the shoreline, detail all construction for access, need for a detailed waste management plan for the current plan would result in trash pollution to the lake, clarification of the restroom and wastewater treatment and need for shoreline vegetative plantings. 

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board December 2010 and December 2011.

Next Meeting: The Town of Lake George Planning Board initially determined the submission to be a sketch plan for discussion purposes, where they expressed concern about wastewater treatment, did not support porta-potties and supported the use of a room in the existing motel or mansion as a designated marina bathroom.  The Board expressed the need for a designated parking plan and potential stormwater management if additional impevious cover is required.  The Board stated a comprehensive plan for the site should be considered to coordinate future development.  Public restroom redesigned to be in the boathouse.  CBOH approval for septic. 

The revised plan for a Class A Marina (after LGPC approved the marina) was approved on12/7/10 by the TLG PB  with the following conditons:  downward low lighting; 17 boat max (includes canoes, PWCs, etc); a planting plan approved by Planning Administrator; OWTS must be installed before any docks are rented. 

Class A Marina Application - The Class A marina application was on the agenda of the Lake George Park Commission January 25, 2011 meeting.  At that meeting, the Commission expressed concern about the proposed bathroom faciltiies, safety issues, docking issues, number of boats, need to evaluate the carrying capacity of the lake in the vicinity of the project and stormwater issues, and deemed the application incomplete.   The application was tabled until December 2011 and discussed again at the January 24, 2012 meeting.  At that meeting, the Commission expressed concern about the proposed shoreline access, potential impacts from surface runoff and erosion, concern about the proposed restroom and wastewater treatment, waste management plan and the compliance record of the applicant.  The application was tabled pending additional information and an appearance by the applicant.

Romano (updated 1/6/11)

Project Summary: Area Variance Application #5-2010 submitted by Frank Romano to construct a single family dwelling with a detached garage and horse barn. The applicant is requesting a variance to have two accessory structures in front of the house, for property located on Diamond Point Road (225.00-1-83).

Site Plan Application #19-2010 submitted by Frank Romano [to request forestry use (logging, timber harvesting) and - this was removed by applicant for the August 2010 PB meeting] to construct a two story single family dwelling with detached garage and horse barn, for property located on Diamond Point Road (225.00-1-83).

Waterkeeper Perspective:  Waterkeeper did not support timber harvesting land prior to constructing a SFD and barn/coral.  A minimum of a 35 ft buffer should be maintained on the stream on the property.  Although stream was determined as not classified by DEC, it is importatn to protect it, and the stream should be protected when crossing to install the driveway.  Squash culvert recommended to be used. Use of stormwater management techniques closer to the source (LID) was suggested, but changes were not made.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board July 2010.

Next Meeting: Area Variance #5-2010 approved by ZBA on June 17, 2010.  Applicant was asked to redesign house to better fit the site and with less impact.  Site Plan was approved on September 7, 2010 with the following conditions:  applicant go to the CBOH and an engineer sign off on the sa-built stormwater.

Rucinski (updated 12/23/09)

Project Summary: Area Variance Application #27-2009 submitted by Stephen Rucinski to replace a one story seasonal residence with a two story seasonal residence. The applicant is requesting a 4.6 foot rear yard variance and a 1.5 foot right side variance, for property located at 7 Westover Loop (238.20-1-24).

Waterkeeper Perspective:  Before variances are granted for expansions on individual lots within the 13 lot subdivision (approved in 1975 with ’Restrictive Covenants’ conditioned), the Waterkeeper recommends that the TLG Planning Board review the entire 4.2 acre subdivision to avoid segmentation of the all future projects.

Waterkeeper Comment: See comment letter to the Town of Lake George Zoning Board of Appeals December 2009.

Next Meeting: Applicant was asked to redesign house to better fit the site and with less impact.  See Ragonetti for new owner and SPR in 2011.

Ryan (rep Jelley)  (updated 6/23/10)

Project Summary: Site Plan Application #21-2009 submitted by Frank Jelley, to construct a two story, four bedroom single family dwelling, for property located on Route 9N (277.01-1-1.4). In June 2010, a new site application (18-2010) was submitted for a two-story single family dwelling at the same location.  The project proposed an on-site wastewater treatment system (OWTS) and an on-site water supply.  A major stormwater management plan was prepared for the development and consisted of three small infiltration basins. 

Waterkeeper Perspective:  Applicant proposes to construct a 3,000 square foot, two story home on an approved lot. Issues about the site plan’s perc test, location of well below OWTS and limits of clearing were questioned.  Applicant submitted new site plan at the ZBA meeting on 7/7/09, but stormwater limits of clearing was still an issue.  TLG  Enforcement Officer wants project to be a minor.  June 2010 - Lake George Waterkeeper expresses concerns regarding the stormwater management calculations (misapplication of hydrologic soils types resulting in inaccurate runoff values) and the need to reduce proposed impervious cover by reducing the driveway width and paving extent.   

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board July and August 2008. See comment letter to the Town of Lake George Planning Board June 2010.

Next Meeting: Concerns of the PB remain regarding clearing limits on site plan.  PB assuming project should be a major.  The public hearing was waived at the 8/4/09 PB meeting.  PB requested to review revised limits of clearing and stormwater before approving site plan.  The Planning Board reviewed the new application at their June 1, 2010 meeting and determined the submission lacked a site survey and determined the submission was a sketch plan.  The application was tabled until a property survey and proposed house floor plan was submitted. 

Ryan Townhouses (updated 2/9/12)

Project Summary: Major Subdivision SUB3-2011 and Site Plan Review SPR13-2011. Applicant proposes to construct a 23 unit townhouse subdivision (5 buildings) on a 9 acre property adjacent to Sun Valley Rd and NYS Rt 9L (opposite the Lake George Elementary School). Zoning classification for this lot (tax map #264.11-1-37) is RH and RCH (20,000sf per unit).

Waterkeeper Perspective: More than 2.1 of the 9 acre site is APA jurisdictional wetlands and East Brook. The eastern portion of the property drops steeply to East Brook, which flows directly into Lake George. This 'unbuildable land' was not subtracted from the density calculation (which is not required by the Town of Lake George's existing code).  The proposed number of units will require that almost all of the 'buildable land' will need to be cleared of its mature trees and vegetation and graded to accomodate the five large buildings that are proposed. Although a reduction in the total impervious pavement was made by the applicant, the proposed site development exceeds the lands capacity to support such density.  The Planning Board and applicant have referred to the fact that the applicant has reduced the number of buildings/units, but there is nothing in the Town's files that supports this repeated statement, as the Sketch Plan on April 4, 2011 states that 23 units are being proposed.

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board for April and October 2011 and January and February 2012.  See Planning Board minutes from April 4, 2011 Sketch Plan Review to January 3, 2012 preliminary approval for PB discussion of the project.

Next Meeting: The application was discussed by the Planning Board for many months and only after all plan modifications were completed (excluding the requested information for the Town engineer's 5 page comment letter regarding stormwater) was the Public Hearing scheduled. PH is left open for Feb 7, 2012 PB meeting to give time for applicant to respond to Town engineer's comments.

Feb 7, 2012 Public Hearing: PH was closed prior to short form SEQR completed by PB and negative declaration concluded, as it was determined that there was no environmental impacts from the proposed subdivision.  Subdivision was given preliminary approval without a landscape plan or  stormwater management signed off by Town engineer.

Schaefer  (updated 1/6/11)

Project Summary:  Area Variance Application #2-2010 submitted by Gail Schaefer to replace existing one story two bedroom structure with a two story two bedroom structure. The applicant is requesting a 12.1 foot stream setback variance and a 6.4 foot front yard setback, for property located at 8 Beatty Road (264.07-2-52).

Waterkeeper Perspective:  Protection for the tributary to East Brook within close proximity to the SFD should be conditioned with a substantial stream buffer.  Actual size of the proposed expansion of the footprint was never identified by applicant, although repeatedly asked by ZBA.  Prior lot line adjustment (from previous owner) made this lot smaller and more substandard, but was conditioned that there would be no further expansion of the size of the SFD on this lot, although the approved rebuild is twice the existing size.

Waterkeeper Comment: See comment letter to the Town of Lake George Zoning Board of Appeals March and May 2010.

Next Meeting: Area Variance approved 6/17/10 with the following condition:  1st floor elevation can be no higher than 12" of the existing floor.  Discussions to limit to 2 bedroom hookup had occurred, but were not conditioned by ZBA.

Unfortunately, since approval for this variance, the large trees in front of the existing cabin have been removed (although in discussions and on site plans they were to have remained).  At the March 2010 ZBA meeting, Planning Administrator said that this project would require "...no stormwater, although the PB would require a minor stormwater managment plan".  PB site plan review was waived.

Schuster (updated 6/25/10)

Project Summary: Applicant proposes to construct a single family dwelling (SFD) with attached 2 car garage, waste water treatment and water supply  on 2.75 acres on Rt 9 (238.17-1-5) upslope from English Brook.  54 ft variance needed for separation from well to stormwater devices.  Applicant proposes to case well to 50 ft and use UV disinfection due to septic leach field is located 63 ft from the well and their drinking water (200 ft required).

Waterkeeper Perspective:  Additional variances were not addressed by the Consolidated Board of Health on 6/10/09 or the Zoning Board of Appeals for required 200 ft separation to English Brook, separation from infiltration to neighbor’s well and infiltration device upgradient (within 11 ft) of absortion bed (20 ft minimum required).  CBH approved variances  from TLG regulations (separation distances between septic and wells) in Dec 2009.  The ZBA approved all 9 stormwater variance separations in Jan 2010.  Applicant needs a Dept of Health waiver for 57 ft separation between well and septic).

Waterkeeper Comment: See comment letter to the Town of Lake George Zoning Board of Appeals July, October and November 2009.  Waterkeeper also sent letters to TLG Enforcement Officer in August and December 2009 regarding onsite waste water treatment and additional required variances not yet addressed (which prompted the application to be put back on the ZBA agenda in October and table the September 16, 2009 PB application).  See comment letter to the Town of Lake GEorge Planning Board June 2010.

Next Meeting: Applicant was granted variance for separation of well to infiltration in July 2009.  Applicant initiated conversation with Waterkeeper after meeting to work together on site plan plantings and stormwater infiltration.  An additional 9 variances were deemed necessary after the initial variances were approved.  Test pit data from the proposed retention areas was requested by ZBA at the October 15, 2009 meeting.  November Waterkeeper letter to the ZBA (submitted at the Nov 19, 2009 ZBA meeting) sent the applicant back to Zoning Officer to determine if NYS Department of Health needed to grant variances vs. Town of Lake Geroge Consolidated Board of Health for separation distances. All variances from TLG regulations have been granted by both the CBH and ZBA.  Planning Board Site Plan Review will be scheduled. The plans were modified as per the May 2010 Planning Board requests containing the following: no phosphorous fertilizers; required to locate well and septic prior to construction; provide as-builts of footing to verify compliance with approved plan; provide as-builit of final construction; planting plan for screening and buffer.  The Planning Board approved the plan at the June 1, 2010 meeting with the following conditions:  1) Submit to ZEO exact dimensions of house, well separation and septic separation prior to LUD Permit; 2) Footings to be verified by surveyor and ZEO; 3) Verify well and septic by surveyor and ZEO; 4) silt fence to be installed; 5) NYSDOH to issue waiver for wastewater treatment & well separation prior to footing location verification; and 6) Add more native plantings as buffer to be approved by ZEO.  Approved 5-1

Sternbach (updated 10/15/10)

Project Summary: Applicant proposes to subdivide approximnately 39 acres into 6 residential lots and a road, for a property located on Flat Rock Road (238.00-1-39).  The project is located in the RM 2 and RR10 Zoning Districts.  The project will provide on-site wastewater treatment and provide on-site water supply.  The project requires a major stormwater management plan.  There are two stormwater basins for the approximately 900 lf road.  All lots will have individual stormwater basins for the site development.  One lot is constructed in the uplands with a 1500 lf driveway with significant earthwork (10 cut and fill).

Waterkeeper Perspective:  The Waterkeeper questions the extent of disturbance, clearing and grading provided for Lot 4, the upland lot.  Additionally, there are several concerns about the stormwater management system - the basins are sized on very rapid infiltration rates that will be reflect actual storm event conditions; who will maintain the stormwater management basins for the road; the project will require an Individual SPDES permit from the NYSDEC and this should be submitted prior to any approvals; the clearing is extensive for the individual lot stormwater basins; and the typical house footprints are unrealistic. 

Waterkeeper Comment: Waterkeeper provide verbal comments at the August 3, 2010 public hearing.  See comment letter to the Town of Lake George Planning Board September 2010.

Next Meeting: The applicationwas submitted in 2008.  The stormwater management plan was reviewd by the Town Engineer in January 2010.  The applicant was at the July 16, 2010 Planning Board meeting and requested a public hearing.  The Town of Lake George Planning Board held a public hearing on August 3, 2010.  The applicant was not present and the application was tabled until September with the public hearing held open.  The Lake George Waterkeeper provided public comment at the September 2, 2010 public hearing.  Waterkeeper comments were disregarded by the Planning Board and the project was granted final approval with the following conditions: HOA responsible for stormwater and road; changes in SFD locations or driveways need SPR; as-builts of the road need to be signed off by engineer. 

Stewarts (updated 3/27/09)

Project Summary:  Applicant proposes to construct a 2,925 sf convience store with three self-serve gas dispensers on at their existing 0.93 acre facility on State Route 9.  The existing building will be demolished after the completion of the new building.  28 parking spaces are proposed.  The building will connect to muncipal sewer and water.  The existing stormwater management basin will be relocated.  A minor stormwater management plan was prepared.  The Town of Lake George Planning Board determined the project should be considered a major stormwater project.  The Planning Board requested the applicant to consider a shared driveway with Rite Aid which was determined not to be feasible due to grades.     

Waterkeeper Perspective: The Waterkeeper had significant comments regarding the proposed stormwater management plan to improve water quality treatement from the site which could generate high levels of pollutants:  the project should require a major stormwater management plan; bioretention should be utilized to reduce runoff and improve treatment; soils investigations are required; topographic information is lacking from the plan and additional information regarding the underground storage tanks should be provided.

The PB had determined that the project should be a major stormwater plan, but no plan was submitted.  Town engineer received new info on 2/3/09 (which had not been reviewed at the time of the PB meeting).  Soil investigation, an oil/water separator, questions of contamination found at the site of the new tanks and the 4 ft ’gap’ in contours near the proposed dumpster were addressed by teh Waterkeeper.  PB member stated that teh "...Town had not been notified of contaminated soils...".  The Public Hearing was closed, regardless of the fact that the final stromwater management had not been submitted.  Applicant had no idea of why ’monitoring wells’ were identified to be located on the site nor if there was any ground water.  The applicant hoped to receive approvals at the meeting on Feb 3 so that they could begin construction on March 3, 2009 and stated that they were "...confident that they could address all stormwater issues...". 

Waterkeeper monitored site construction, reviewed file and discovered contruction had started prior to approval of stormwater management plan approval, in violation of conditions of approval.  Town of Lake George Zoning Administrator refused to respond. 

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board January 2009.  Letter send to Town of Lake GEorge Zoning Administrator asking why construction had started despite failure to comply with conditions of approval, March 2009.

Next Meeting: The Town of Lake George Planning Board had a Public Hearing on Tuesday, February 3, 2009, which was closed after several public comments and without a complete application submitted.  The project was approved with the condition that the "...stormwater is deemed to be OK and that the applicant will continue to ’work’ with the town engineer". 

Suncastle (updated 3/3/10)

Project Summary:  Applicant proposes to remove one dock, one boathouse, remodel two docks, construct a new boathouse and create a lot line adjustment for the property of the Suncastle Resort located at 3178 Lake Shore Drive (238.20-1-1.4).  The applicant stated the application has not been submitted to the Lake George Park Commission since they wanted local input first on commercial and marina applications.  The applicant submitted two separate applications for the march 2, 2010 meeting - one for the lot line adjustment and one for the dock/boathouse modifications.  It was stated at the March 2, 2010 Planning Board meeting by the Zoning Administrator that all contractual access, frontage and density requirements would be met.     

Waterkeeper Perspective: The Waterkeeper has concerns about contractual access and shoreline buffering.

Waterkeeper Comment: No public comments at this time.

Next Meeting: The Town of Lake George Planning Board determined the applicastion was incompleted and requested new site plans.  The Planning Board also requested information on lot frontage and contractual access, expressed concerns that the timeshare portion of the development was getting bigger and inquired about the status of the Offering Plan.  At the March 2, 2010 Planning Board meeting, the Town of Lake George Planning Board accepted and approved the proposed lot line adjustment.  The Planning Board accepted the application for the dock/boathouse modifications and set a public hearing for April 6, 2010.  The Board asked about any possible landscaping and shoreline buffering plans and the applicant stated he has conformed to the approved plans. 

Thomas, Russell (updated 8/17/09)

Project Summary:  Applicant proposes to construct a single family dwelling (SFD)

Waterkeeper Perspective: The Waterkeeper had significant concerns regarding the proposed SFD due to its close proximity upslope of English Brook. Russell Thomas stated he was going to sell this as a single family home.

Waterkeeper Comment: See comment letter to the Town of Lake George Zoning Board of Appeals May and June 2009. 

Next Meeting: The Town of Lake George Zoning Board of Appeals did not accept the application, deemed to be incomplete.  Applicant resubmitted the application for the 6/18/09 TLG ZBA public hearing,  Chairman Santiago asked if there were additional variances necessary for the separation distance.  Robb stated those are variances for the Consolidated Board of Health.  The Board requested the following prior to the applicant coming back to the board:  • Details of retaining walls / • Major Stormwater Report / • Exact Floor Plan and Elevations / • Report of Town Reviewing Engineer / • Information on the proposed Peat System.

Tiki Motor Inn (updated 7/23/12) 

Project Summary:  Site Plan Application #31-2010 submitted by Tiki Motor Inn, Inc. to construct a 2434 sq foot exterior deck, as well as removal of some material to allow for the final grade. A 12 foot tall reinforced retaining wall will be added approximately 130 feet long, for property located at 2 Canada Street (264.06-3-34).

Modification to SP #31-2010:  Construct pool under deck in lieu of approved basement storage.

Waterkeeper Perspective: The Waterkeeper would encourage the PB to require addition of stormwater management using rain gardens and substantial vegetation for all impervious surfaces on this property, not limiting stormwater management to the new renovation only. 

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board December 2010. 

Next Meeting: The Town of Lake George Planning Board approved the proposed renovations on January 4, 2010 after Warren County approval in Dec (through default, as there was no quorum at their meeting) with the following conditions:  an engineer must sign off on the 12 ft high retaining wall.

Modification to SP #31-2010: Approved with prior conditions remaining the same.

Trudell (updated 11/29/11)
 
Project Summary: Site Plan Application #15-2011 submitted by Glenn and Lynn Trudell to construct a 2 story single family dwelling with a 1 car garage for propertyt located at Lochlea Subdivision, Lochlea Road (251.11-15).

Waterkeeper Perspective:  The Waterkeeper was surprised that the first two site plans that were submitted for the Lochlea subdivision were in excess of the ZBA's approved 1100sf footprint (this one apprx 1900sf).  Planning Board member stated that the the SFD was "...substantially larger than what was approved in the subdivision..." and Zoning Administrator replied that the PB didn't really approve the SFD's...."

Covenant for Homeowner Association was filed in December 2010 and that document stated 2700sf footprint as maximum (not 1100sf footprint approved by ZBA).  

The applicant stated that they need everything on one floor for health reasons and that is why the home is larger than on approved subdivision site plan, therefore requiring additional variances.  The proposed SFD also has two additional bedrooms planned for the 2nd floor.  Planting plan is good (includes rain gardens for infiltration and treatment of stormwater), although does not include replacement of any of the the trees on the lot that will be removed (all trees will be removed except for one will be left).

Waterkeeper Comments:  See comment letters to the Town of Lake George Planning Board for June and July 2011.

Next Meeting: Planning Board had concerns about ledge, steep slopes to English Brook (within close proximity), and wanted stormwater management reviewed by town engineer.  Applicant said that he had sent plans to NYSDEC and "...they had no problem with it..." and couldn't understand why the TLG PB had issues with the proposed plan.  Applicant left the meeting prior to PB discussions and deliberations, and has subsequently pulled the application. 

Tyrer (updated 2/17/10)

Project Summary:  Area Variance Application #24-2009 submitted by Suzanne Tyrer to convert existing flower shop to a second residential structure.  Existing building is 2 feet from property line.  New porch will be 5 feet from property line where 25 feet is  required. The applicant is requesting a 20 foot front yard variance.  The applicant has a 26,130 square foot lot and 40,000 square feet is required for both structures.  The applicant is requesting a 13,870 square foot density variance, for property located at 363 Bloody Pond Road (264.08-1-2).

Waterkeeper Perspective:  Although the variance application is substantial, both structures already exist on the 0.11 acres lot.  The existing  flower shop has no plumbing.  The renovatied striucture wiill become a 2 bedroom SFD, therefore the issue of available sewage credits from the TLG will need to discussed by the Planning Board, as well as new stormwater management.  The Waterkeeper recommended that a conditon be made for ’no further expansion’ in the future, reduction of impervious surfaces and the availability of Caldwell Sewer connections be addressed. 

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board December 2009.  The Waterkeeper verbally recommended at the ZBA public hearing that the extensive asphault driveway (constructed for the flower shop and 6 vehicles ) be reduced, and vegetation be planted to become a rain garden to reduce impervious pavement. The Waterkeeper provided public comment at the February 2, 2010 Planning Board meeting regarding the need to reduce impervious surfaces that are directly connected to and creating runoff problems along Bloody Pond Road and concerns regarding sewer credits available.  

Next Meeting: The Town of Lake George Zoning Board of Appeals approved the density and setback variances with the following conditions:  The TLG Planning Board will need to access the sewage requirments and vegetation (shrubs) should be planted on the site between the house and Bloody Pond Rd and a landscaping plan should be submitted.  Site Plan Review by the Planning Board is required, with a public hearing scheduled for 2/2/10.  At the February 2, 2010 Planning Board meeting, the Board felt there was a need to reduce the impervious surface on the lot and stated there were no reasons to restrict sewer connections.  The Planning Board approved the project with the following condition:  1) The applicant is required to submit a planting plan by March 1 to be implemented by summer. 

Village Estates Condominiums (updated 11/28/11)

Project Summary:  Modification to Subdivision #4-1981 submitted by Village Estates Condominiums to allow expansion of existing cabins, for property located at Christiana Court (238.20-1-27).

Waterkeeper Perspective:   1982 5-acre condo complex was approved by the TLG PB with restrictions that there be "...no further expansions...".  Land is currently zoned 1 acre (was zoned 1/2 acre),  New septic system is designed for 80 bedrooms, of which 75 have been used (with no expansions of older original cabins).  Waterkeeper met with HOA president on site to discuss stormwater management issues and future potential mitigations (even prior to any expansions).  Additional shoreline buffering, as well as stormwater management were identified as beneficial to protect water quality.

Waterkeeper Comment:  See comment letters to the Town of Lake George Planning Board September and October 2010.

Next Meeting:  At the Town of Lake George Planning Board meeting, the PB requested that a major stormwater management plan be submitted for the entire parcel and that each individual SFD upgrade would require Site Plan Review.  The Public Hearing was left open.
At the July 5, 2011 PB meeting, the PB approved the request for expansion of existing cabins with the following conditions:  increase in each SFD must conform to the 12 HOA conditions and a maximum sf increase; Stormwater management plan for the entire subdivision must be completed before any individual Site Plan Review; Rules and condtiotions to be on the plan; need letter from HOA prior to SPR.

Walton Service Group (updated 3/22/11)

Project Summary: Area variance application #4-2006 submitted by Walton Service Group requesting an extension to previous approval on March 20, 2008 for change of use from housekeeping cottages to residential single-family houses (should be written as condos), for property located at 208 Beach Road (264.07-2-53).

Waterkeeper Perspective:  Applicant received a 3 year extension on March 20, 2008 for a 2006 variance approval (density was approved in 2006 for an 80,000sf variance on a lot 19,600sf).  The approval was not the minimum variance necessary at that time.

Waterkeeper Comment:  This application was not open to a public hearing.   

Next Meeting: ZBA approved another three year variance extension after previous three year extension granted in 2008 .  Applicant was not present to answer ZBA questions on this project, although representation is required at the ZBA meeting in order for the project to be considered. 

Wasserbach (updated 7/23/12)

Project Summary: Site Plan Review 27-2011 to construct a 4 bedroom single family dwelling at 2 Lake Street (0.40 acres) (251.20-1-30.2).  Land previously subdivided from Albright parcel.

Modification to original approved house plan: June 12, 2012

Waterkeeper Perspective:  Applicant is replacing a SFD on a parcel that was subdivided (creation of two non-conforming parcels).  New SFD is closer to the lake, specifically 50 ft setback (minimum required in this zone).  Recommendation to move further back from the lake due to unbuffered slope on the shoreline.  This project should be a Major Stormwater project, although Minor was approved by PB. 

Waterkeeper Comment:  See comment letter to the Town of Lake George Planning Board September 2011 and May 2012.

Next Meeting: PB conditioned the approval with a shoreline buffer from boudary to boundary (entire shoreline) with a density of 1 tree every 4sf; new trees 12ft tall and go to 20ft tall or multiple trees; tree to south must be saved; construction fence required to protect trees and areas of no disturbance. Conditions added to the approval will help protect the lake and are supported by the Waterkeeper.

Modification to original approved house plan:  PB thought that changes were so minor that shouldn't have been on agenda.  Approval with all previous conditions apply.

Wells (updated 1/21/09)

Project Summary: The land owner owns approximately 2 acres on Lake Shore Drive with a single residence on the parcel.  A NYSDEC Class AA-Special stream is located on the property.  The stream braids in one section and the land owner applied to the NYSDEC to fill in a one of the braided sections of the stream.  A permit was issued by the NYSDEC.  In January, the Wells submitted an application to the Town of Lake George Planning Board for a 2-lot subdivision of the existing 2.006 acre parcel.  The project is located in the RCH-LS Zoning District where minimim lot size is 1.0 acres.  The access for the lots will be through an existing easement through the O’Connor cottage resort.  On-site wastewater treatment and water supply is proposed.  A minor stormwater management plan was prepared.  The Town of Lake George Planning Board expressed concerns regarding the application:  each lot needs to be able to stand on their own with on-site wastewater treatment and water provided and the increased burden on the existing easement for access to an additional structure.  The applicant has received approvals for variances from the Consolidated Board of Health.  The Planning Board encourgaed the applicant to discuss with the Zoning Adminstrator to potential for having 2 residences on a single lot.      

Waterkeeper Perspective: The Waterkeeper opposes the disturbance within stream corridors, especially filling of streams, which reduces the area availble to convey flows increasing velocity and the potential for erosion.  In addition, the Town of Lake George Code requires such actions to review site plan review by the Town of Lake George Planning Board prior to undertaking such action.  After determination by the Town Zoning Adminstrator that the stream was intermittent based on NYSDEC decision, research was done on the stream.  It was discovered the stream is not intermittent but is listed as AA-Special on the NYSDEC Stream Classification maps and also on the NYSDEC Environmental Resource map.  This determination is in complete contradiction to the November 2006 decision of the Town of Lake George Zoning Board which denied a variance due to the potential impacts to filling of a Class AA-Special stream. 

Regarding the subdivision, the Waterkeeper recommends a major stormwater management plan be prepared due to the size of disturbance and the location in a stream corridor; the proposed on-site wastewater treatment system is not compliant with the setbacks to Lake George and streams and no information is provided regarding contractual access. 

Waterkeeper Comment: See comment letter to the Robb Hickey, Town of Lake George Zoning Administrator, in October 2008.  See comment letter to Marc Migliore, NYSDEC in November 2008.  See comment letter to the Town of Lake George Planning Board in January 2009.   

Next Meeting: The Town Zoning Adminstrator determined the stream was intermittent and no site plan review was required.  The Town of Lake George Planning Board determined the subdivision application was incomplete and fails to provide on-site wastewater treatment and water supply on each lot as per Section 150-27.3 of the Town Code. 

Whelan (updated 12/1/09)

Waterkeeper Perspective:   This replacement construction will require Site Plan Review, therefore stormwater management and an onsite wastewater treatment Ssstem (including number of proposed bedrooms) will be discussed by the Planning Board.

Waterkeeper Comment:  At the ZBA public hearing,the Waterkeeper verbally questioned how many bedrooms were being proposed and if stormwater had been addressed.  

Next Meeting: The Town of Lake George Zoning Board of Appeals approved the setback variance.   Site Plan Review by the Planning Board is required.

Wild Wild West Ranch - Macchio (see also Bear Pond Ranch)  (updated 2/9/09)

Project Summary: The applicant has submitted an application for Site Plan Review for the construction of a direct access to Route 9 for the Wild West Ranch resort.  The access drive will be located directly across from Ellsworth Road and connect to the existing interior drive for the resort.  A conceptual approval has been issued from the New York State Department of Transportation for the location.  A major stormwater management plan has been proposed.  The proposed disturbance will be within 40 feet of East Brook.  The Town of Lake George Planning Board deemed the project a major stormwater management project and required a consulting engineer to review.  The Planning Board also scheduled a public hearing based on public inquiry about the project. 

The land owner has altered the stream corridor of East Brook by removing the vegetative buffers, installing riprap and installing a stream enclosure for a road crossing.  There is no NYSDEC permit for the activity.  In addition, the Wild West Ranch proposes a new entrance to the facility directly off Route 9.  A conceptual plan was submitted to the Town of Lake George Planning Board and discussed at the October 21, 2008 Planning Board meeting, with discussions in January and a Public Hearing Feb 3, 2009.  There is concern about the crossing of the Warren County Bike Path, increased traffic concerns, stormwater management and setting precedence that 1000 yards of fill could be brought in to build a road (over a weekend) with only a building demolition permit issued. 

Waterkeeper Perspective: The Waterkeeper has concerns regarding the removal of the existing protective buffer along East Brook, a AA-Special water body and recommends a revegetation plan.  There appear to be miscalculations in the stormwater management report that could effect runoff projections.  Additional information is required on the stormwater plan regarding conveyence and soil investigations.  The Waterkeeper opposes the disturbance within stream corridors, especially filling of streams, which reduces the area availble to convey flows increasing velocity and the potential for erosion.  In addition, the Town of Lake George Code requires site plan review by the Town of Lake George Planning Board prior to undertaking such action.

The Waterkeeper has recommended that the new proposed entrance require a major stormwater management plan and the submitted plan needed to be addressed.  At the Feb 3, 2009 PB meeting, revised stormwater plans were submitted, which addressed some of the concerns but not all that had been raised.  The Waterkeeper did not have an opportunity to review the revised submission before comments at the Public Hearing.  After the Public Hearing was closed and the application subsequently approved, the applicant’s engineer privately conferred with the Waterkeeper RE: the applicant’s attorney’s had denied that there would be removal of trees for the access road, but in fact the plan showed that there would be.  Per the plan the mature trees on the north side of the proposed access road would be removed, but the applicant’s engineer stated that they would replace the trees and create a planting plan on that north side.  The Public Hearing was closed after the applicant’s attorney response to the public, even though the Waterkeeper attempted to speak again).  As of the 2/3/09 PB meeting, the applicant was still waiting for approval from the Dept of Transportation (NYS DOT) for the new entrance. 

Waterkeeper Comment: See comment letter to the Town of Lake George Planning Board January 2009.  Verbal comments were made at the Public Hearing on Feb 3, 2009.

See comment letter to the Robb Hickey, Town of Lake George Zoning Administrator, in October 2008. The Town Zoning Adminstrator has yet to respond to the letter. 

Next Meeting: The Town of Lake George Planning Board approved the application on Feb 3, 2009 to install a new access road from Wild Wild West directly onto Rt 9 with the condition that DOT approve the access, that a major stormwater management plan is submitted and approved and that Tektronics sign off on the revised stormwater management plan.  In addition, the condition that there be only one sign (either on Bloody Pond Rd or Rt 9) for the entrance, and that if the property becomes any other use than what is there now, the applicant must come back in for another approval.  The applicant’s attorney objected to both of these and insisted that the PB change the condition to read "...any development that increases use will need Site plan Review".   Original vote of the PB was 3 opposed, 3 in favor...then there was a revote which was approved with the condition that Tectronics (stormwater management review) would sign off.

Wood (updated 6/11/09)

Project Summary: Applicant proposes to build a 30 ft x 26 ft garage with a one bedroom apartment above.  The applicant is requesting a 7,139 sq ft density variance for property located at 2980 Lakeshore Drive  (251.11-1-12).

Waterkeeper Perspective: The Consolidated Board of Health (CBH) approved the on-site wastewater treatment system (OWTS) for the proposed 2nd SFD on 1.84 acres (in one acre zoning per SFD) on April 8, 2009.  Brief discussion by the CBH with the applicant revealed the fact that there was no alternate reserve location on the lot in case of septic system failure (which is required by both Department of Health and the TLG) and  that the approval would be for an additional lateral or line (sixth line for the sixth bedroom) in the current absortion field. See April letter submitted to the ZBA with all identified issues that relate to the OWTS application and CBH approval and stormwater management.  Increasing density on a lot that may not have enough land to mitigate development would unnecessarily impact water quality.  

Waterkeeper Comment:  See comment letter to Town of Lake George Zoning Board of Appeals for April 2009.

Next Meeting: The application needs to be addressed again by the CBH (due to problems discovered in the application and the 4/8/09 CBH approval).  The ZBA also requested investigation of previous deeds filed for the Carol Estates subdivision (to review if there are any restrictions that would limit the subdivided lots to one SFD as was stated at the Public Hearing on 4/23/09).  These two issues need to be resolved before the application is again placed on the ZBA agenda.  The Public Hearing remained open, but the applicant ’No Showed’ for the 5/21/09 TLG ZBA meeting and has since withdrawn the application, and will therefore not appear before the Board on 6/18/09.

Yulman (updated 2/17/10)

Project Summary:  DREDGING - A Site Plan Application #41-2008 submitted by Eric Schaefer owner being Richard Yulman to request permission to dredge and remove sediment deposits in Orcutt Bay, located at 3564 Lakeshore Drive in Diamond Point (226.13-1-18). 

Waterkeeper Perspective: Upland mitigation to control stormwater, create a shoreline buffer and rain gardens and eliminate use of fertilizers and pesticides on the property was recommended by the Waterkeeper and has been conditioned with the APA permit.  In addition, use of three turbidity curtains in the water surrounding the dredging site to contain suspended materials, the planting of a bermed shoreline buffer in early summer 2010 as well as no fertoilzer or pesticide use beginning 2010 growing season (regardless of the dredging date) are recommended to be conditioned by the Planning Board. 

Waterkeeper Comment:  See comment letter to the Adirondack Park Agency July 2009 regarding the permit application for dredging and to the Town of Lake George Planning Board November and December 2009 and January 2010.

Next Meeting:  The TLG Planning Board would like the application to include letters from the APA and DEC before it is placed on the agenda again, and a Public Hearing is scheduled.  This request was made by the PB at the previous meeting for this application. 

Planning Board closed the Public Hearing on November 4, 2009.  Final planting plan needed approval by the APA.  APA issued a dredging permit with conditions (no Phosphorous fertilzer use, no pesticides use, a bermed shoreline buffer to be planted).  At the Jan 2010 PB meeting, the PB discussed concerns of residents regarding resuspension of bacteria that may exist in the dredge materials, and asked for time to adequately read the letter received prior to the meeting from the Dept of Health.  The Waterkeeper distributed copies of the 2009 Report on the Lake George Coliform Reporting Program to the PB members to answer some of the questions raised on water tesing in Lake George. At the February 2, 2010 Planning Board meeting, the Board reviewed the project history and stated the project would clean the bay which has been needed for decades.  The Board stated the project was reviewed by numerous agencies who have covered all issues including the number of turbidity curtains stating two is plenty and three are not necessary.  The project was approved with the following condition:  1) Apply organic phosphorous-free fertilizers only on the property. 

Project Summary:  STORAGE SHED -  A Site Plan Application #23-2009 submitted by Eric Schaefer (KB Lake George / Yulman), to construct a 18x25 storage shed, for property located at 3592 Lakeshore Drive (226.13-1-13). 

Waterkeeper Perspective:  Application needs an area variance for an accessory structure to be in the front yard, and since this project has been completed (not including the doors), no further work shall be done on the building until a variance is addressed by the Zoning Board of Appeals.  Waterkeeper recommends stormwater management and a vegetated buffer of native species within the Critical Environmental Area (CEA) of Lake George. 

Waterkeeper Comment:  See comment letter to theTown of Lake George Planning Board for June 2009 and Town of Lake George Zoning Board of Appeals for August 2009.

Next Meeting:  After the fact construction produced a STOP WORK ORDER on the project.  ZBA meeting 8/20/09 approved variance necessary for adding a storage shed to front yard.  ZBA decided not to condition the approval with stormwater management, but left this request with the Planning Board during Site Plan Review.  Planning Board approved the project on 9/17/09 with the condition that a minor stormwater plan be presented to the Planning Administrator/ Zoning Officer.

Zervas - Stone School House Road (updated 1/6/11)

Project Summary:  Area Variance Application #23-2009 submitted by Gary D. Zervas Jr. to construct a 32x48 foot detached garage for storage. The applicant is requesting a variance to place the garage in front of the house, for property located at 136 Stone Schoolhouse Road (238.14-1-7.2).

Modification to Area Variance Application #23-2009 on October 21, 2010 to change 2nd floor attic to 8ft ceilings and add a pop-out to original expansion was approved on 10/21/10, with 2009 conditions to remain.

Waterkeeper Perspective: Per the applicant at the meeting, the proposed 32ft x 48ft 2 story 3 stall garage will have no plumbing and will not be a living space (unfinished storage space only).  Minor stormwater management using a stone lined depression 2 ft deep (780sf) with an adjacent 1 ft deep grassy swale is being proposed by the applicant.

Waterkeeper Comment:  The Waterkeeper verbally commented at the Town of Lake George Zoning Board of Appeals meeting questioning weather plumbing would be installed and if this would be a rental unit.  Appropriate stormwater management should be conditioned with this variance.  It was revealed that this application was an ’after the fact’ variance where a Stop Work Order was never issued by the Zoning Administrator. 

Next Meeting: The ZBA granted an approval for this garage with a 2nd floor storage with conditions that there be no exterior stairs and no plumbing.  No Site Plan Review by the Planning Board will be required.

Zervas - 58 Sunny West Lane (updated 11/29/11)

Project Summary:  Area Variance Application #1-2011 and Site Plan Review 2-2011 submitted by Gary D. Zervas Jr. (owner with Adirondack Mountain Estates) to construct a 3 bedroom single family dwelling (SFD) on Lot 11 - 58 Sunny West Lane in Victoria's Landing Subdivision (238.15-1-21).

Waterkeeper Perspective: Variances are necessary for the additional 4 lots as they were buildable when purchased. Request to both the ZBA and PB for soil investigations to determine separation to seasonal high groundwater for adequate infiltration and treatment of stormwater.  A planting plan and inclusion of rain gardens to improve stormwater treatment in close proximity to drinking water supplies and wetlands.  

Waterkeeper Comment:  See comment letters to the Town of Lake George Zoning Board of Appeals for February and Town of Lake George Planning Board for March 2011.  

Next Meeting: The Planning Board waived the Public Hearing and approved the SFD with the following conditions:  Create rain gardens where stone swales were proposed; septic tank certified before backfilled and test pits are necessary.