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Town of Queensbury Project Review

Town of Queensbury
742 Bay Road
Queensbury, NY 12804

Queensbury Planning Board information
Queensbury Zoning Board of Appeal information

Planning Office 518-761-8220
Zoning Board of Appeals Office 518-761-8238 / fax 745-4474

 

 

 

Queensbury Projects of Interest
Inwald                                                                                                    J&D Marina
McCall
Provident Batavia, LLC (was Salomon)
Riitano                                                                                                            
Salomon (see Provident Batavia, LLC 9/09)
Takundewide - LUCAS & MASON 

 

 

 

Ahlers (Updated 12/3/08)

Project Summary: Applicant proposes construction of a 463 sf solarium over an existing deck at an existing single family residence.  Relief requested from Floor Area Ratio (from 33.4% to 36.5% - 66% over alloable 22%), shoreline setback requirement (30.8 feet existing and 30.8 feet proposed) and expansion of a nonconforming structure.  The site most recently received variances in 2002 for a replacement on an existing foundation with expansion.  At that time, a new septic system and stormwater management system was installed.  The ZBA expressed concern about the size and extent of the variance requested.  

Waterkeeper Perspective: The Waterkeeper expressed concern about the cumulative impacts of expansions to residences and the required clearing and infrastrucutre around the lake.  For example, in the past 5 years there have been 5-6 expansions and/or construction projects on Knox Road alone.  The Floor Area Ratio is a strong planning tool to properly size living space to parcel size and encourgaed the Zoning Board to minimize any relief from this regulation. 

Waterkeeper Comments: The Waterkeeper provide verbal comment at the November 26, 2008 public hearing of the Town of Queensbury Zoning Board of Appeals.

Next Meeting: The Town of Queensbsury Zoning Board of Appeals unanimously expressed concern about the size of the variance requested and stated a variance of this size, 66% greater than the 22% alloable FAR) has never been granted by the ZBA.  They requested the applicant to review the proposal to see if the variance request could be reduced.   

 

 Arnold (Updated 11/20/09)

Project Summary: Applicant proposes construction of a 625 sf second story residential adddition above an existing garage at 108 Lake Parkway on Assembly Point (226.15-1-16).  The project is located on a 0.33 acre parcel in the WR Zoning District.  The applicant requests relief from the expansion of a non-conforming strucutre and east side yard setback requirements.  The application requires Site Plan Review and approval for expansion of a non-conforming struture in the CEA.  The information submitted with the application was incomplete in regards to the Floor Area Ratio calculations.  The applicant states the proposed floor area will be 3121 sf with an existing of 2496 sf.  However, it appears the actual existing floor area is 2808 sf which should be clarified.  The property currently has a on-site wastewater treatment system that was installed in 1985.  However, no information was provided on the system and whether there would be an expansion in the number of bedrooms.  The existing structure has a 48 ft shoreline setback with a minimal buffer.  The applicant states stormwater will be mitigated but no information was provided.  The applicant also proposed to riprap the shoreline.  The applicant submitted additional information for the November 18, 2009 Zoning Board of Appeals meeting which included an evaluation of the existing on-site wastewater treatment system and confirmation of the need for a variance for Floor Area Ratio (3260 sf proposed vs. 3239 sf allowed).  The OWTS evaluation determined the existing system was operating without evidence of failure and recommended increasing septic tank capacity, installing low-flow fixtures in the entire residence and inspect the existing tanks.   

Waterkeeper Perspective: The Waterkeeper expressed concern regarding the apparent incomplete FAR calculations where the proposal is close to exceeding the allowable and information missing.  There are concerns about the existing OWTS, which appears to be a raised system, and whether is is compliant with existing codes.  In addition, design information should be provided on the system including the number of bedrooms because it appears the expansion will require increasing the OWTS.  The Waterkeeper agreed with the evaluation of the OWTS by the applicant's engineer and recommended certification of water tight tanks if modifications were proposed and to install stormwater management and a shoreline buffer to mitigate the development of the property. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board October 2009 and comment letter to the Town of Queensbury Zoning Board of Appeals November 2009.

Next Meeting: The Town of Queensbsury Zoning Board of Appeals expressed concern about the FAR and requested information on the existing OWTS.  The Zoning Board of Appeals tabled the application until December 16, 2009.  The Town of Queensbury Planning Board tabled the Site Plan Review application pending a decision on the variance application.  Novermber 2009 - The Town of Queensbury Zoning Board of Appeals granted the variances at the November 18, 2009 meeting with the following condition:  provide vegetative planting between the house and the lake for a shoreline buffer. 

 

Bear Pond Ranch, LLC _Macchio (Updated 11/18/11)

Project Summary: Applicant proposes to construct a 3,450 linear foot sip line emanating on lands in Queensbury and terminating on lands in Lake George; total elevation drop of approximately 770ft prroposed.  Outdoor recreation uses in a LC zone require Planning Board review and approval.

Site Plan 77-2011: The applicant proposes the construction of a seasonal 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) in the Town of Lake George.  The property is in the LC-10A Land Conservancy 10 acres and designated 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.  Per the applicant's representative, there is no proposed blasting necessary for anchoring of towers, as they will be pinned to the rock.  All ungrowth will be left intact; 10,100sf of soil disturbance; 16,000sf of cutting with no cutting necessary from the 400ft elevation (towers on upper zip line) to the 3450ft location at the base of the mountain (landing area). 

Waterkeeper Perspective:  The Waterkeeper would recommend that stormwater management be addressed for all impervious surfaces on this site, including the access road to the top of the mountain.  The Waterkeeper has concerns that the existing logging road has never received adequate site plan review; conditions of previous approvals have not been met; a jurisdictional inquiry from the APA should be received regarding the existing APA permit; complete stormwater management plan should be submitted; and a visual assessment should be provided for the project.

Waterkeeper Comment:  See comment letter to the Town of Queensbury Planning Board November 2011.

Next Meeting:  The Town of Lake George Planning Board reviewed the proposed zip-line application at their November 15, 2011 meeting and requested to be Lead Agent in a coordinated review with Queensbury (stating that the majority of the proposed project was in the Town of Lake George).  Queensbury has also requested to be Lead Agent (stating that the majority of disturbance will take place in the Town of Queensbury).  The application for Queensbury has been tabled until January 17, 2012 PB meeting pending outcome of SEQR determination from NYSDEC. 

 

Brown (Updated 10/23/12)

Project Summary: Applicant proposes the reconstruction of an existing 1,076 sq. ft. one bedroom boathouse to include the installation of hip roof and reconfiguration of living space in a 786 sf studio with a 290 sf sundeck sf at 31 Knox Road (239.7-1-7).  The property is located in the WR Zoning District and is designated as Moderate Intensity Use on the Adirondack Park Land Use and Development Map.  The applicant will require area variance from the Town of Queensbury Zoning Board of Appeals for: 1) Expansion of a non-conforming structure.  The applicant will also require Site Plan Review by the Town of Queensbury Planning Board.  The existing boathouse and living quarters were constructed in the 1930s.  The bapplicant is proposing to architecturally improve the exterior to provide a more Adirondack appearance.  The original intention was to raise the roof the applicant has modified the application to construct at the same height.  The applicant has submitted a Jurisdictional Inquiry to the Adirondack Park Agency who stated the project was not jurisdictional.  It is the applicant's opinion the overall mass and volume of the structure will be reduced.  

Waterkeeper Perspective: The Waterkeeper is concerned about the continuation of a dwelling over the waters of the lake and the potential impacts on the lake and the community.  It is our opinion the structure should be considered a dwelling and therefore must meet the dimensional requirements of thhe WR Zoning District (one dwelling per 2 acres).  This would require a variance.  It is our opinion the project is not compatible with the Town of Queensbury Comprehensive Plan.  Finally, there is concern about the wastewater treatment system for the existing structure, where it is located and whether it is connected to the wastewater treatment system for the existing house.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals July & October 2012.

Next Meeting: The application was reviewed by the Town of Queensbury Zoning Board of Appeals at the July 18, 2012 meeting.  The Board expressed concern about the project and requested a jurisdictional determination from the Adirondack Park Agency.  The application was rescheduled for the October 17, 2012 Zoning Board of Appeals meeting.  At the October 17, 2012 meeting, the applicant stated the wall area would be reduced by 13%, will be reducing the size of the building by incorporating a sundeck, will make it a much more architectural pleasing structure, they have a right t maintain since it is a pre-existing granfathered structure and there will be no change to neighborhood.  It was stated the existing OWTS was sized for the boathouse.  The Zoning Board of Appeals was split on the application (one member short) with comments "does not fit the definition of a boathouse","it is oversized for Lake George" and is more than necessary.  The application was tabled and the applicant would review the proposed building size and the OWTS.   

 

Burke (Updated 7/27/11)

Project Summary: Applicant proposes the construction of a 264 sf on car garage at 67 Mason Road (226.12-1-15).  The property is located in the WR Zoning District and is designated as Moderate Intensity Use on the Adirondack Park Land Use and Development Map.  The proposed garage will be attached to the existing residence and will require Site Plan Review for expansion of a nonconforming strucutre in the CEA.  The expansion is not on the lake front side of the existing structure.  The garage will be placed where existing gravel driveway/parking area is provided.  The plan proposes stormwater management consisting of a dry well surrounded by clean gravel. 

Waterkeeper Perspective: The Waterkeeper has no opposition to the proposed project and supports the recommendations of the staff for scarification of the top 12" of soils where grass is proposed to be installed and protection of the existing components of the onsite wastewater treatment system.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board July 2011

Next Meeting: The application is on the agenda for the July 26, 2011 Town of Queensbury Planning Board meeting.

 

Cantanucci (Updated 5/16/12)

Project Summary: Applicant proposes a boundary line adjustment for a preexistingnonconforming 0.56 acre parcel which will reduce te lot size by 573 sf fo a property located at 7 Norview Lane on Asembly Point (239.12-2-69).  The property is located in the Waterront Residential District and is designated as Moderate Intensity on the Adirondack Park Land Use and Development Map.  The applicatn requests an area variance from the lost size requirement in the WR zone.  The purpose of the adjstment is to create the situation that would allow compiance with the navigational setback required from docks on either side of the property line. 

Waterkeeper Perspective: The Waterkeeper has no opposition to the proposed project but recommends the opprtunity for water quality improvements, specifically the installation of a shoreline buffer along the eastern property.  Large algae blooms have been observed in the area over the past few summers and shoreline buffers would reduce potential runoff and nutrients.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals March 2012.

Next Meeting: The application was reviewed by the Town of Queensbury Zoning Board of Appeals at the March 21, 2012 meeting.  The Board felt the existing situation was satisfactory and the buffer was sufficient.  The variance was granted.

 

Cardinale (Updated 12/18/12)

Project Summary: Applicant proposes the construction f a 1,064 sf 3-car garage with second floor storage at 10 Crossover Lane on Assembly Point (226.15-1-40&41). The project is located within the WR Zoning District and is desgianted as Moderae Intensity Use on the Adirondack Park Land USe and Development Map.  The project requires area variances for: 1) Rear setback - 30' required, 8' proposed; 2) Height - 16' maximum, 25.5' proposed; 3) FAR - 22% maximum, 36.6% requested; and 4) Permeability - 2,953 sf allowed, additional 1,074 sf requested.  The applicant stated the need for storage for the property as well as coverage for classic cars.  The applicant states there will be removal of existing driveway surface and replacement wit pervious pavement.  There is no living space proposed for the second story of the garage but a bathroom is shown.  A rain garden is proosed for the stormwater management for the new driveway and garage.  November 2012 - The applicant revised the application based on recommendations by the ZBA that reduced the size of the garage by 261 sf, reduced the permeability by 386 sf, reduced height variance request to 23.2 ft and reduced the rear setback from 22 feet to 18 feet.

Waterkeeper Perspective: The Waterkeeper supports the application of rain gardens for stormwater management, but has concerns about variance request for FAR and permeability for projects located within the Critical Environmental Area. The Waterkeeper recommends a reduction in the size of the garage, elimination of the potential living area in the garage second floor and require stormwater management for existing impervious cover.  The Waterkeeper recognized the plan revisions in November but concerns remained based in increased permeability, potential living area on garage second floor and need for stormwater management.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals August and November 2012.

Next Meeting: The Town of Queensbsury Zoning Board of Appeals reviewed the application at their August 22, 2012 meeting.  It was the general view of the Board that the garage was too large for the property, the proposed building height was excessive, concern about the potential living area on the second floor and that the tiny lot is overbuilt.  The applicant tabled the application until October 17, 2012.  The application was further postponed until December 19, 2012. 

 

Cardona (Updated 9/26/08)

Project Summary: Applicant proposes the replacement of existing single family dwelling and two seasonal cabins totaling 2,303 sf with a new 4,046 sf single family dwelling located at 175 Assembly Point Rd.  The project is located within the Lake George CEA and requires a major stormwater project.  The existing septic systems will be replaced.  The project requires a varaince for the installation of an infiltration stormwater facility within 100 feet of Lake George.

Waterkeeper Perspective: The Waterkeeper supported the proposed use of rain garden for stormwater treatment and the installation of the new septic system.  However, additional information was required on the proposed soils to be used for the rain garden as well as concerns regarding the steep slopes proposed for the infiltration trench, collecting all site runoff and addressing cold weather conditions.  Additional information should be provided regarding the existing septic systems and if they would be removed.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board September  2008 and the Town of Queensbury Zoning Board of Appeals September  2008.

Next Meeting: The Town of Queensbsury Zoning Board of Appeals granted the variance rerquest for relief from 100 foot separation required for stormwater infiltration facilities to Lake George at the September 24 meeting.  However, the Town of Queensbury Planning Board tabled the application at the September 25 meeting and requested additional information including addressing Town Engineer comments,locate existing septic systems, add stormwater maintenance information, clarify test pit data, provide additional information for site plantings. The Waterkeeper restated at the 11/18/08 PB public hearing all previous issues that had not been addressed by the applicant.  Town of Queensbury Planning Board approved the application with no discussion of OWTS capacity, vegetated vs grass swale and potential for stormwater to flow from property to neighbor's property to the south.  Identification of leach field locations (that were to have been removed prior to construction) are unknown.  Tanks will be pumped and removed.

 

Carstensen (Updated 12/18/12)

Project Summary: Applicant proposes the removal of existing concrete walk and stairs and replace with new patio, stairs and dry lai stone wall resulting in 564 sf of total impevious surface at 18 Holly Lane on Assembly Point (239.12-2-60).  The project is located within the WR Zoning District and is designates as Moderate Intensity Use on the Adirondack Park Land Use and Development Map.  The project proposes the removal of vegetation within 35 feet of the shoreline and hard surfacing within 50' of the shoreline.  The project will require variances: 1) Shoreline setback - 50 feet required, 38' proposed; and 2) Permeability - 75% required, 68% proposed.  The project will require Site Plan Approval by the Town of Queensbury Planning Board.  The applicant is proposing the installation of sormwater management controls (infiltration chambers) under the proposed patio.  This will be accomplished by the construction of a retaining wall to provide fill.  The applicant proposes 2 lake side patios totalling 564 sf.  The applicant proposes additional landscaping and maintaining the existing shoreline juniper ground cover.   November 2012 - The applicant revised the application to incorporate paver blocks.

Waterkeeper Perspective: The Waterkeeper supports the installation of stormwater management for the property where none exists.  The Waterkeeper does not support the reduction in permeability proposed and recommends alternatives such as a reduction in patio size or surface material.   Despite the revised plans for paver blocks, the Waterkeeper expressed concern about the encroahment into the shoreline setback and decreased permeability.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals September & November 2012.

Next Meeting: The Town of Queensbsury Planning Board reviewed the application for recommendation to the Zoning Board of Appeals at their September 25, 2012 meeting.  The Planning Board questioned why permeable pavers were not proposed and the applicant stated it was not their preference.  The Planning Board passed a resolution stating there were no adverse environmental impacts that could not be mitigated by the proposed design.  The application would be reviewed by the Town of Queensbury Zoning Board of Appeals at their September 26, 2012 meeting.  At the September 26 ZBA meeting, the Zoning Board members expressed concern about the decrease in permeability and recommended permeable pavers for the variance.  The applicant accepted the recommendation and the application was tabled until November 28, 2012.  At the November meeting, the Zoning Board of Appeals supported the application based on the revisions as requested and approved the variances 7-0.  The project would be received Site Plan Review on December 18, 2012 by the Town of Queensbury Planning Board. 

 

Chase (Updated 2/1/11)

Project summary:   SITE PLAN NO 232010. SEQR TYPE II. DAVID EHMANN ROCK GARDEN FARMS. AGENTS SEE APPLICANT. OWNERS RICHARD CHASE. ZONING WR. LOCATION 120 LAKE PARKWAY.  APPLICANT PROPOSES REMOVAL OF NON COMPLIANT EXISTING DOCK BOATHOUSE AND REPLACE IN COMPLIANT LOCATION NEW DOCKS WITH BOATHOUSE AND ALTERATION TO A SHORELINE IN A WR ZONE REQUIRES PLANNING BOARD REVIEW AND APPROVAL. CROSS REFERENCE BP07543.   DEEP HOLE PERC TEST. WARREN CO PLANNING 4142010 APA CEA OTHER APA LGCEA. LOT SIZE 0.37 ACRES TAX MAP NO 22615113 SECTION 1795060 1796050 1794010D4.

Waterkeeper Perspective: Recommended the planting of a substantial shoreline buffer with a necessary break to access the dock.

Waterkeeper Comment: See comment letter to the Town of Queensbury Planning Board for April  2010.

Next Meeting: PB approved with conditions including the following:
the limits of clearing will constitute a no cut buffer zone. Orange construction fencing shall be installed around these areas and field verified by Community Development staff.  That the applicant return with an application to be presented to the Planning Office within two months for the repair of the seawall.  To include shoreline buffering and an accompanying landscaping plan.  That the entire site be completed, including the seawall repair and the shoreline buffering no later than October 31, 2010.

 

Connor (Updated 7/28/11)

Project Summary: Applicant proposes the construction of a 580 sf detached garage at 6 Holly Lane (239.12-2-51).  The property is in the WR Zoning District and is designated Moderate Intensity Use on the Adirondack Park Land Use and Development Map.  An area variance is required from the allowable height requirements of the WR zone.  The garage is proposed to be two story and will be located on a non-lakefront lot.   

Waterkeeper Perspective: The Waterkeeper is not opposed to the requested variance with the condition stormwater management is installed for the project. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals July 2011.  

Next Meeting: The application is on the agenda of the July 27, 2011 Town of Queensbury Zoning Board of Appeals meeting.  The ZBA heard the application, which would have the garage 190 feet from the lake.  The ZBA granted the variance 7-0 with the conditions:  the lots be combined and stormwater management is being provided. 

 

Crowell (Updated 8/19/10)

Project Summary: Applicant proposes expansion of an existing 1.5 story year round home to include exapnsion to the existing kitchen, office/den, second story and the addition of a wrap around porch on the north and west side of home.  Further, applicant proposes to replace existing wooden deck with a permeable pation and the construction of two retaining walls adjacent to the shoreline.  Variances are required from minimum Floor Area Ratio, shoreline setback requirements and for the expansion of a nonconforming structure.  The project is located at 20 Holly Lane on Assembly Point in the WR Zoning District (239.12-2-59).  The residence has an on-site wastewater treatment system that was recently upgraded.  No stormwater management management existed at the property but the application proposes stormwater management controls (infiltration trenches) for the house and patio.  During the public hearing at the June 23, 2010 Zoning Board of Appeals meeting, it was determined by the Town that a variance for shoreline setback is not required for the patio, which would be 21' from the lake.    

Waterkeeper Perspective: The Waterkeeper supports the applicant's proposal for pervious pavement on the pation.  However, the Waterkeeper has the following concerns:  a complete shoreline buffer should be installed (the property currently is lawn to the lake); the patio is extensive and should have greater setback to the lake; the existing on-site wastewater treatment system should be certified for a three-bedroom residence; and a Jurisdictional Inquiry Form should be submitted to the Adirondack Park Agency.  The Waterkeeper feels the Town of Queensbury's Code on shoreline setbacks relative to patios is not consistent with the Adirondack Park Agency, who consider patios subject to shoreline setback requirements. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals June 2010 and the Town of Queensbury Planning Board June 2010.  See request for determination letter to the Town of Queensbury Zoning Adminstrator regarding shoreline setbacks as applied to patios July 2010.  The Adirondack Park Agency informed the Town of Queensbury of their misinterpretation of the Town Zoning Code and the application of shoreline setbacks to patios.  See comment letter to the Town of Queensbury Planning Board requesting a variance for the patio and other concerns August 2010.   

Next Meeting: The Town of Queensbsury Zoning held a public hearing on the application on June 23, 2010.  The Board expressed concerns about the pation encroachment but were informed by staff that a variance was not required.  The Board expressed concern about the lack of a shoreline buffer and need to improve shoreline buffers along Lake George.  The variances were approved with conditions:  the applicant must install a shoreline buffer including 6 trees - 2 birch, 2 oak and 2 pine.  The project was heard by the Town of Queensbury Planning Board on June 24, 2010 and tabled requiring additional information on the planting plan and certification on the sewer.  The Town of Queensbury Planning Board reviewed the application for site plan review at the August 17, 2010 meeting.  There was discussion on the shoreline buffering plan and the need to make it a 4 tiered buffer.  It was determined the patio would not require a variance based on the APA letter stating it was an oversight by the Town.  The site plan was approved 6-1 with the condition an additional pine tree is to be installed as per the Zoning Board of Appeals.

 

Debaron (Updated 11/2/09)

Project Summary: Applicant proposes the construction of a 2300 sf, 2-1/2 story single family dwelling on a 0.45 acre lot in the WR-3A Zoning District.  The property is located on Dark Bay Road off Route 9L.  The project is considered a major stormwater project located in Critical Environmental Area along the shore of Lake George.  The lot was part of a subdivision created in 1969 prior to the current Town Zoning Code, the Adirondack Park Agency and current NYSDOH on-site wastewater treatment regulations.  The project was approved for holding tanks and received a waiver from NYSDOH and a variance from the Queensbury Consolidated Board of Health (January 2009).  The proposed project requires varainces for shoreline setback for a strucutre and for stormwater infiltration devices and front yeard setback for a structure.  The project will require site plan review by the Town of Queensbury Planning Board.  

At the March 2009 Zoning Board of Appeals meeting, the ZBA requested a recommendation by the Town of Queensbury Planning Board that the stormwater system proposed was "adequate and that they would make a recommendation to us(ZBA) that they give an affirmative going forward, that they are fine with it".  At the March 24, 2009 Planning board meeting, the Planning requested additional information on the system including subsurface soil investigations, vegetation removal and impacts on infiltration.

At the May 27, 2009 Zoning Board of Appeals meeting, the applicant presented to same proposal.  Although the Zoning Board felt this should be a builable lot, the site contraints on the lot (size, slopes, proximity to the lake) were grea enough that the project should be downsized to meet the lot size and reduce potential impacts.  

At the July 22, 2009 Zoning Bord of Appeals meeting, the applicant presented a revised submission by reducing the building width from 40' to 36'.  Staff determined there would be moderate impacts.  The proposal contained a No Cut Zone along the lake and disturbs a total of 5300 sf.  The applicant stated a total of 20 trees would be removed, 17 considered as sapplings.

The Site Plan review application was discussed at the October 27, 2009 Planning Board meeting.  The applicant addressed all Town Engineer's comments.  A Planning Board member inquired about the lack of vegetative buffer in portions of the site and whether existing structures (gazebo and sidewalks) would be removed.  The applicant stated the structures would remain.  

Waterkeeper Perspective: The Waterkeeper supported the use of the holding tank for wastewater treatment in this unique situation of the previously approved building lot.  The Waterkeeper reminded the Town of Queensbury Town Board that holding tanks were not permitted for new home construction.  The Waterkeeper had concerns regarding the proposed stormwater management system:  verify infiltration rates; effect of construction and blasting on infiltration trench; need for enhanced treatment through amended soils; need for required "no disturbance" zone to protect shoreline vegetation; need to address existing drainage and need to treat runoff from existing imperivous areas. Discussions began regarding lot size and its ability to accomodate this 4 bedroom house, parking area, patio, walkway, two 2000 gal holding tanks and adequate stormwater management.  The Waterkeeper remained concerned about the proposed development on the undersized lot with steep slopes on the shoreline which was inadequate for wastewater treatment and would alter the majority of the soils on site to develop the site.  Although a lot could be "engineered to meet the regulations, the Waterkeeper asked when is a lot "unbuilable".

Regarding the Site Plan Review, the Waterkeeper expressed concerns about the proximity of the development near the shoreline which resulted in a decrease in minimum structure and stormwater setbacks as well as providing a minimum shoreline buffer.  The Waterkeeper stated much data had been collected about the impact of development on the lake as well as information on the declining water quality in the lake and could not support the application.  If the applicationwas approved, the Waterkeeper suggested an amended buffer, increasing erosion control blanketting and delineating the extent of clearing. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board March  and May 2009 and Town of Queensbury Zoning Board of Appeals March 2009.    Waterkeeper provided verbal comments at the Town of Queensbury July 22, 2009 meeting.   See comment letter to the Town of Queensbury Planning Board October 2009.

Next Meeting: The Town of Queensbsury Planning Board could not provide a positive recommendation to the Zoning Board of Appeals regarding the stormwater management plan and needed the applicant to demostrate compliance with Chapter 147; additional test pit information; address staff notes and Town Engineering comments and vegetation removal.  The Town of Queensbury Zoning Board of Appeals met the following night and the applicant requested tabling until changes had been made based on Planning board discussion and Vision Engineering comments.  The applicant is seeking a favorable recommendation from the Planning Board for variance approvals from the Zoning Board of Appeals.  At the May 19, 2009 Planning Board meeting, the Planning Board made the following recommendation to the Zoning Board of Appeals "We recommend that the applicant consider downsizing the footprint of the house to decreases the impact of stormwater control measures necessary to mitigate stormwater shortfalls for development of this site.  As a result of this recommendation, we recommend to the ZBA careful considerations of the number of variances requested in this critical environmental area".  This resolution was passed 5-2.  The Zoning Board of Appeals asked the applicant if they would down size the project based on the consensus of the Board members.  The applicant requested a vote and the variance requests were denied 5-2.

Revised Submission - The Town of Queensbury Zoning Board of Appeals granted the variance at their JUly 22, 2009 meeting by a vote of 6-1.  The application was table at the August 25, 2009 Town of Queensbury Planning Board meeting until the October 27, 2009 meeting.  The Town of Queensbury Planning Board approved the Site Plan Review application at their October 27, 2009 meeting by a vote of 6-1 with the condition the erosion control blanketting would be increased in areas with slopes greater than 3:1 

 

Denardo (Updated 2/16/10)

Project Summary: Applicant proposes the subdivision of a 14 acre parcel into 2 residential lots of 6.25 and 7.8 acres at the intersection of Ridge Road and Barthel Lane ( 240.-1-7).  The project includes acreag that extends into the Town of Fort Ann.  There is an existing house on the proposed 7.8 acre lot.  Wetlands are located on the proposed lots.  The subdivision was originally approved in 2005 and never filed.  There is an APA permit for the project. 

Waterkeeper Perspective: The Waterkeeper did not oppose the project but recommended the following:  1) provide a no disturbance buffer along the wetlands and 2) require site plan review for the future development of Lot A.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board January 2010.

Next Meeting: The Town of Queensbsury Planning Board reconsidered the SEQRA and made a negative declaration at the January 26, 2010 Planning Board meeting.  The Planning Board waived stormwater management and Erosion & Sedimentation for the subdivision (no disturbance).  The Planning Board approved the subdivision with the following condition: 1) Future development of Lot A requires Site Plan Review. 

 

Derocker (Updated 1/7/09)

Project Summary: Applicant proposes a subdivision of 0.95 acres into two parcels of 0,40 acres and 0.55 acres located at 53 Knox Road on Assembly Point (239.7-1-11).  This shoreline lot is pre-existing non-conforming and it is located in one acre zoning.  The parcel currently has a SFD and two outbuildings/cabins (both of which are less than 100 sq ft) which are occupied 2-3 months per year. 

Waterkeeper Perspective: The Waterkeeper did not supported the subdivision of this exisitng non-conforming shoreline lot.  The steep slopes, cutting down of mature trees to accomodate another SFD, reference to Chapter 179 regarding maintaining the carrying capacity of the land and the anticipated change to the neighborhood were issues of the Waterkeeper and discussed by the ZBA  

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals December 2008.

Next Meeting: The Town of Queensbsury Zoning Board of Appeals denied the variance request for subdivision of land and recommended that the applicant withdraw the application without prejudice, which was subsequently done by the applicant.  Althought this application is on the January 20, 2009 Queensbury Planning Board agenda, in fact the application has been withdrawn.

 

DiBella (Updated 9/10/12)

Project Summary: Applicant proposes the replacement of an existing onsite wastewater treatment system at 88 Rockhurst Road (227.13-2-40). The property is located in the WR Zoning District and is designated Moderate Intensity Use on the Adirondack Park Land Use and Development Plan Map. The applicant will require variances from the Town Sanitary Code from the Town of Queensbury Board of Health for: 1) absorption field setback to western property line - 10' required, 1' requested; and, 2) absorption field setback to northern property line - 10' required, 3' requested. The applicant proposes to replace the existing system with a peat filter system to provide teriatary treatment. The existing system is partially installed under the paved driveway.  Test pits indicate sufficient separation to bedrock and groundwater.

Waterkeeper Perspective: The Waterkeeper supports the proposal for the enhanced treatment system (peat filter system) but expressed concerns about the conflicting information regarding septic tank size, whether water saving fixtures have been installed and the need for a shoreline buffer.

Waterkeeper Comments: See comment letter to the Town of Queensbury Board of Health, August 2012.

Next Meeting: The application was scheduled for a public hearing at the August 6, 2012 Town of Queensbury Town Board meeting. The Town Board was very supportive of the proposed system and the level of treatment to be povided. The applicant's agent stated water saving fixtures have not been installed in the dwelling and stated the septic tank would be sized as 1250 gallons. The Town Board felt there was no need for the installation of a shoreline buffer since the proposed system separation to the lake is maximized and the replacement system will provide a greater level of teatment. The Board of Health granted the variance with conditions: 1) install water saving fixtures, and 2) Correct site plan regarding owner information, 5-0.

 

Dunhams Bay Resort (Updated 10/23/12)

Project Summary: Applicant proposes a 5,650 sf outside pation banquest area with covered bar, seating and seasonal tent.  Project to include stormwater management controls and landscaping.  Commercial expansion in the RR district requires Planning Board review and approval.  Project is located at the Dunhams Bay Resort at 2999 State Route 9L in the RR-3A Zoning District (252.0-1-75.1).  The project proposes a 40' x 90' tent with a seating capcity of 192.  The project proposed a stormwater management system of infiltration galleries for the tent area based on a minor project design.  The project proposed port-johns for the tent and claimed wastewater would also be handled through existing on-site facilities.  A partial landscape plan was provided.  During the initial review, a failure of one of the many on-site wastewater treatment systems was discovered that lead to a Consent Order from NYSDEC.

Waterkeeper Perspective: The Waterkeeper expressed concerns about: the actual number of design of on-site wastewater treatment systems and coverage for the proposed facility and condition and status of existing operating systems; and whether the existing outdoor banquest facility on the tennis courts would be utilized. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board June 2010.  The Waterkeeper provide public comment at the July 20, 2010 public hearing: 1) need to maximize water quality protection; 2) Need for 4 systems listed on SPDES permit; 3) Need to size wastewater systems for peak demand; 4) Need for all outside approval before approval of the application; and 5) Need for upgrading stormwater management from existing impervious areas.

Next Meeting: The Town of Queensbsury Planning Board reviewed the application at their June 15, 2010 meeting.  The Planning Board tabled the application pending additional information:  removal of the covered bar; additional information on the planting plan; fence details; Board of Health approval for porta-johns; parking plan for facility; and report on adequacy of existing wastewater treatment system(s).  Application was reviewed at the July 20, 2010 Planning Board meeting with discussion whether approve with conditions or require additional submission due to extent of comments.  Planning Board approved the application 7-0 with the following conditions: 1) Provide an updated SPDES permit; 2) Satisfy Town Engineer comments and receive sign-off; 3) Provide compliant wastewater system with NYSDEC, NYSDOH and Town approvals; 4) provide parking plan; and 5) Provide a complete plan addressing all staff comments.

SP 65-2012 Project Summary: Applicant proposes a modification to previously approved site plan for a new stormwater management system for the outside  banquet patio for a property located located at 2999 Route Route 9L (252-1-75.1)  The property is located in the RR-3 Zoning District and is designated as Low Intensit Use on the Adirondack Park Lane Use and Development Map.  Approva from the Planning Board is required for a modification to an approved site plan.  The proposed modification is to replacethe approved subsurface infiltration system chambers with surface management including rain gardens, shallow retention ad infiltration basin.  

Waterkeeper Perspective: The Waterkeeper expressed concerns about: need to document compliance wth the conditions on the approved site plan; evaluate the impact of the stormwater basin on existing subsurface wastewater treatent systems; improve treatment in the stormwater basin with plantings and amended soils; and deny the request for waiver from landscape plans required. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board October 2012.

Next Meeting: The Town of Queensbsury Planning Board reviewed the application at their October 16, 2012 meeting.

 

DUFRENSE (Updated 12/22/11)

Project Summary: Applicant has removed approximately 376 sf sundeck and commenced the construction of a 450 sf sundeck (AV 46-2011) and has removed a 665 sf deck and partially built a new 647 sf deck in its place (AV 47-2011) at 24 Brayton Road (239.8-1-13).  The properties are located in the WR Zoning District and is designated Moderate Intensity Use on the Adironack Park Land Use and Development Map.  On the sundeck, an area variance is requested for side property line setback requirements and will require site plan review by the Planning Board.  Regarding the deck, an area variance is requested for shoreline and sideyard setbacks as well as expansion of a nonconforming strucutre in the CEA.  The project will also require Site Plan Review by the Planning Board. 

Waterkeeper Perspective: The Waterkeeper is not opposed to the replacement of the sundeck on the boathouse with the condition that a shoreline buffer be installed.  Regarding the deck/porch, the Waterkeeper has concerns about the amount of development concentrated in the neighborhood and feels there are alternative available for the applicant, including the use of the existing patio.  The waterkeeper would recommend the installation of a shoreline buffer, requirement of stormwater management and restriction on the use of fertilizers and pesticides.  RegardingV47-2011, the Waterkeeper continues to feel the property has too much development within the shoreline setback and in light of the need for an after-the-fact variance for the patio, feels the benefits to the applicant are not balanced and there is a need to reduce the coverage within the shoreline setback. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals July 2011, July 2011 and September 2011.

Next Meeting: The area variances are on the agenda of the July 27, 2011 Town of Queensbury Zoning Board of Appeals meeting.  The Town of Queensbury Planning Board made a recommendation of no significant adverse impacts to the ZBA regarding both variances.  At the July 27, 2011 ZBA meeting, the ZBA questioned the dimensional relief requested for the deck, which appeared to be in error, and tabled the application pending:  revised survey and setback information and permit information regarding the hardscaped patio.  The application will be heard at the August 24, 2011 meeting.  The ZBA reviewed the sundeck variance, which was to have a height of 13 feet with no living facilities, and granted the variance 7-0.  In August, it was determined that the harscaped patio would require a variance and the application was tabled until September.  At a September 20, 2011, the Town of Queensbury made a recommednation to the Zoning Board of Appeals that there were no significant impacts that could not be mitigated without site improvements.  The application was scheduled for the September 21, 2011 Town of Queensbury Zoning Board of Appeals meeting.  At that meeting, the applicant stated they had addressed the concerns of the Waterkeeper and prepared a landscaped buffer plan.  ZBA members stated there were no trees proposed as part of the buffer plan.  A ZBA member stated "It seemd practical to protect the lake and protect people's investment for the lake" and there was general concensus to grant the variance for the deck but request the patio to be removed.  The applicant requested the application be tabled until October 19, 2011 to discuss options.  At the October 19, 2011 ZBA meeting, the applicant stated two sheds were removed and requested to keep both the patio and porch with substantial planting as recommended by the Waterkeeper.  The Zoning Board stated there was concern about the patio and requested the patio be removed.  The applicant requested to have the application tabled to resolve hardsurfacing issue. At the December 21, 2011 ZBA meeting, the applicant agreed to remove the patio and 2 sheds but requested to increase the size of the porch by 48sf along the front.  The overall impervious cover would be reduced from 51% to 47%.  The Zoning Board of Appeals granted the variance with the following conditions:  1) The patio will not be replaced; and 2) The Planning Board will review the planting plan.

 

Eisenberg (Updated 9/10/12)

Project Summary: Applicant proposes the replacement of an existing onsite wastewater treatment system at 98 Rockhurst Road (227.9-1-13). The property is located in the WR Zoning District and is designated Moderate Intensity Use on the Adirondack Park Land Use and Development Plan Map. The applicant will require variances from the Town Sanitary Code from the Town of Queensbury Board of Health for:  1)septic tank setback to property line - 10' required, 4' requested; 2) pump tank to property line - 10' requird, 4' proposed; 3) force main to property line - 10' required, 7' requested; 4) absorption field setback to property line - 10' required, 1' requested; 5) absorption field setback to dwelling - 20' required, 15' requested; and, 6) absorption field setback to Lake George - 100' required, 95' requested.  The applicant proposes to replace the existing system with a peat filter system to provide teriatary treatment.  The existing system consists of 2 systems much closer to the lake.  Test pits indicate no bedrock and groundwater at a depth of 5-6'. 

Waterkeeper Perspective: The Waterkeeper supports the proposal for the enhanced treatment system (peat filter system) but expressed concerns about the number of bedrooms, whether water saving fixtures have been installed and the need for a shoreline bufferi. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Board of Health, August 2012.

Next Meeting: The application was scheduled for a public hearing at the August 6, 2012 Town of Queensbury Town Board meeting. The Town Board was very supportive of the proposed system and the level of treatment to be povided.  The applicant's agent stated water saving fixtures were installed in 1998.  The Town Board felt there was no need for the installation of a shoreline buffer since the proposed system separation to the lake is maximized and the replacement system will provide a greater level of teatment. The Board of Health granted the variance without conditions, 5-0.

Farber (Updated 9/22/10)

Project Summary: Applicant proposes construction of a 1,357 sq. ft. deck addition to an existing dwelling located at 33 Antigua Road (239.17-1-10).  The property is located in the WR Zoning District and is designated Rural Use on the Adirondack Park Land Use and Development Plan Map.  The applicant proposes to replace an existing deck that requires repair and proposes to reduce the overall size by 48 sf.  The property currently is 49% permeable cover, which is below the required 75% for the WR Zoning District.

Waterkeeper Perspective: The Waterkeeper is not opposed to the variance request but is concerned about the lack of stormwater management for the property that does not provide the required permeability and the lakc of a shoreline buffer and views the application as an opportunity to provide water quality improvements.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals, September 2011.

Next Meeting: The application was scheduled for the September 21, 2011 Town of Queensbury Zoning Board of Appeals meeting.  At that meeting, it was determined no Planning Board approval for Site PLan Review was required since the proposed project reduced the existing deck size.  The applicant stated there have been significant landscaping improvements on the property, which used to be astro-turf and plastic geraniums, and he has installed perennial gardens and a widlflower garden.  It was also stated that there has never been a runoff or water probelm present.  The applicant submitted four letters of support from adjoining neighbors.  The ZBA members all felt that it would be nice if the applicant would follow the Town Code and install a compliant buffer but there was no consensus on making the buffer a condition of approval for the variance.  The ZBA approved the variance with no conditions, 6-1. 

 

Fedorowicz (Updated 10/29/10)

Project Summary: Applicant proposes the subdivision of a 10.14 acre parcel into 2 residential lots of 3.7 and 6.44 acres. The existing parcel has a restriction for no further subdivision. The application requires a Major Stormwater project and will have an on-site wastewater treatment system.  Discussion at the March 24, 2009 Planning Board meeting focused on the construction of the driveway, amount of earthwork required, potential visual impacts and following the guidance of the Town Comprehensive Plan which refers to protection of the French Mountain vista.

Waterkeeper Perspective: The Waterkeeper is concerned about stormwater management, construction on steep slopes and relieving conditions of further subdivision.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board July and September 2008.

Next Meeting: The Planning Board unanimously denied the proposed subdivision application at the March 24, 2009 meeting based on the original condition of no further subdivision; the use was not in harmony with the general character of the district and would have an undue impact on open space; the proposal was not in compliance with the Town's Open Space Plan regarding protection of French Mountain where the public expressed desire to protect French Mountain; and that the information submitted was inadequate to overturn the previous denial of a subdivision application in 2005.  

OCTOBER 2010:  After a legal challenge by the applicant over the denial, the judge overruled the denial by the Planning Board based on a failure of an environmental review and noncompliance with SEQRA.  The application reviewed by the Town of Queensbury Planning Board at their October 26, 2010 meeting and made a Negative Declaration on environmental impacts, determining all impacts were small to moderate.  The Planning Board unanimously apporved the project with numerous conditions including: future site plan review, grading requirements, soils investigations and site certifications. 

 

Flanagan (Updated 6/25/10)

Project Summary: Applicant proposes the conversion of a dock with pitched roof to a dock with a 700 sf sundeck.  A dock/boathouse in the WR zone requires Planning Board approval.  The project is located at 150 Lake Parkway in the WR Zoning District (226.15-1-7).  There are 4 large maple trees along the shoreline and the applicant proposed the addition of 2 small trees and 294 herbaceous plants for a shoreline buffer.  Planning Board members suggested including shurbs for more substantial buffering.

Waterkeeper Perspective: The Waterkeeper was not opposed to the proposed project and recommended the installation of a shoreline buffering as per Town Code.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board June 2010.

Next Meeting: The Planning Board heard the application at their June 22, 2010 meeting and approved the application with the following condition:  a shoreline buffer was to be installed as per the planting plan submitted by the applicant at the Planning Board meeting.

 

French Mtn Forest (see General Timber)

Fuchs (Updated 8/19/10)

Project Summary: Applicant proposes the construction of a 480 sf garage at a property located at 19 Woods Point Road (239.14-1-2).  The project is located in the WR Zoning District.  The project requires relief from the minimum side setback requirements - 20 feet required and 12.5 feet is proposed.  The garage will be single story and stormwater management is proposed. 

Waterkeeper Perspective: The Waterkeeper was not opposed to the proposed variance but felt information necessary for proper review was lacking including topotgraphic information and paving requirements.  This could impact the proposed garage setback.  Additionally, the Waterkeeper recommended a site plan review for the project.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals August 2010. 

Next Meeting: The Town of Queensbury Zoning Board of Appeals scheduled a public hearing on the application at the August 18, 2010 meeting.

 

Garner Holdings, Inc - PINE TREE LANE  (Updated 11/6/08)

Project Summary: Applicant proposes the construction of a 4290 sf single family dwelling on a 0.34 acre lot.  The applicant applied for two variances - front yard setback for the strucutre and required frontage on a paved road. The property contains APA jurisdictional wetlands and a Freshwater Wetlands Permit is required from the Town of Queensbury Planning Board for construction within 100 feet of a wetland.  The project proposes an on-site wastewater treatment system and a well.  A minor stormwater plan is provided.  Based on concerns expressed by the Town of Queensbury Zoning Board of Appeals and the public, the applicant revised the site plan and presented it at the October 28, 2008 Planning Board meeting which eliminated the requested variances.  The Planning Board expressed the following concerns - the amount of development proposed on the size of the lot and requested the applicant create a 1 acre lot since acreage was available from an adjoining lot to be compliant with zoning requirements; emergency vehicular access to the site and condition of the existing road; protection of the wetlands; adequacy of the stormwater management system; depth to groundwater and impacts on the building contruction; Town Engineer's comments and the on-site wastewater treatment system. 

Waterkeeper Perspective: The Waterkeeper expressed concern about the completeness of the application since it appears additional variances were required for vertical and horizontal separation distances for the wastewater treatment system and construction within the 35' wetland shoreline buffer.  The applicant revised the site plan to eliminate the apparent need for these variances.  In addition, the Waterkeeper had concerns about the ability of the stormwater management basins to infiltrate in the saturated conditions present; the extent of the disturbance and clearing near the protective wetland buffer and the ability of the wastewater treatment system to meet required horizontal and vertical separation distances.  In summary, the current application proposes too much disturbance on a small lot with site constraints present and will have environmental impacts to water quality and the adjoining wetlands.

Waterkeeper Comments: See comment letters to the Town of Queensbury Zoning Board of Appeals October 2008 and the Town of Queensbury Planning Board October 2008.  An additional letter clarifiying concerns regarding the on-site wastewater treatment system was sent to the Town of Queensbury Planning Board October 2008. 

Next Meeting: The Town of Queensbury Planning Board would hear the application at a November 2008 Planning Board meeting if the applicant could submit the revised site plan in a timely manner.  Since the site plan was modified removing the need for variance requests, the spplication to the Town of Queensbury Zoning Board of Appeals was withdrawn.

 

Garner Holdings, Inc - Forest Lane     (Updated 11/6/08)

Project Summary: Applicant proposes the construction of a 4566 sf single family dwelling on a 7.27 acre lot.  The property contains APA jurisdictional wetlands and a Freshwater Wetlands Permit is required from the Town of Queensbury Planning Board for construction within 100 feet of a wetland.  The project proposes an on-site wastewater treatment system and a well.  A minor stormwater plan is provided.  The Planning Board expressed the following concerns - the size of the proposed dwelling in relation to the amount of buildable area on the lot which prompted the applicant to remove the proposed bonus room; protection of the wetlands; adequacy of the stormwater management system and the need to provide deep test pits to determine the separation to seasonal high groundwater; delineate the parking area; demonstrate compliance with Chapter 147 regarding erosion control; address Town Engineer's comments and show the Critical Environmental Area boundary. 

Waterkeeper Perspective: The Waterkeeper has concerns about the ability of the stormwater management basins to infiltrate in the potential saturated conditions present in close proximity to the wetlands; the ability of the wastewater treatment system to meet required horizontal and vertical separation distances due to the amount of fill required for construction of the system and whether the slope exceeds the 10% maximum for fill systems as defined by the Town of Queensbury Code.  In summary, the current application proposes too much disturbance on in a small buildable area with site constraints present and will have environmental impacts to water quality and the adjoining wetlands.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board October 2008.  An additional letter clarifiying concerns regarding the on-site wastewater treatment system was sent to the Town of Queensbury Planning Board October 2008.

Next Meeting: The Town of Queensbury Planning Board would hear the application at a November 2008 Planning Board meetings if the applicant could address comments in a timely manner.

 

General Timber (French Mtn Forest, LLC) (Updated 3/4/09)

Project Summary: Applicant proposes a timber harvesting of trees 14" and larger on a 168 acre vacant parcel on French Mountain.  Timber harvesting in the LC-10 zone requires Planning Board review and approval.  Property to be accessed through land off Bloody Pond Road in the Town of Lake George.  118 acres of the total 318 acres (combined acreage to be addressed by both TLG and Queensbury for timber harvesting) is in the Town of Lake George plus an additional 32 acres along Bloody Pond Rd in the TLG RM-1 zone, which will not be timber harvested, but used soley as a landing or staging for timbering operations (TLG variance requested to timber harvest this roadside buffer zone was denied). 

Waterkeeper Perspective: The Waterkeeper supports sustainable timber harvesting, but cautioned the Town of Queensbury Planning Board that there was credible concern raised by the TLG residents within the vicinity of the project regarding the steepness of the mountain and their concerns about erosion, and the fact that a large volume of water already flows under Bloody Pond Road and floods neighboring land.  Discussion points were raised by the Waterkeeper regarding the Lake George Park Commission's new Stream Corridor regulations regarding buffer widths, and that a small stream on the property at the bottom of a very steep ravine should not only be a 'no cut' area, but that the edge of the ravine should also be buffered from timber harvesting.  Applicant stated that Warren County Soil and Water Conservation District had walked the land and recommended 20 ft buffers on the streams.  Applicant agreed to 35 ft buffer.  Waterkeeper suggested 100+ ft buffer would be a better protection for the streams that flow into Lake Geroge. 

Waterkeeper Comments: See comment letters to the Town of Queensbury Planning Board in December 2008 and January 2009.

Next Meeting: Although the application was tabled to 1/20/09 to allow the applicant to address the comments from the Planning Board, (including identification of roads, stream and related buffers, Best Management Practices (BMP) outlined for environmental controls, and to address the Town engineer's comments), printing of the NYS Forestry BMP's and submitting into the file was the only action taken by the applicant in response to the Q Planning Board's requests on 12/16/08.  The application was again tabled by the PB to 3/3/09 (Q Special Planning Board meeting) with the Public Hearing remaining open.  Applicant to incorporate the BMP language that is applicable to this site into the applicants's management plan.  Q Land Use Planner recommended that there be a coordinated review with the Town of Lake George and that all the timber harvesting be treated as one project.  At the 3/3/09 PB meeting, the applicant requested they be tabled until April.  On April 20, 2009 the TLG PB notified the Town of Queensbury that they had approved a motion to be Lead Agent for Type I SEQR review for the timber  harvesting on French Mountain off Bloody Pond Rd.   On April 21, the Q PB also approved a motion to be Lead Agent for the project located in both the TLG and Queensbury.  From the initial notification on 4/20/09, a 30 day clock began.  The TLG PB will need to discuss the Q's decision at their PB meeting on 5/5/09.  If there is no agreement between the two towns on who will become Lead Agent, it will go to DEC for determination.  Q will notify TLG of their decision.

 

 Grasso (Updated 7/21/10)

Project Summary: Applicant proposes construct a 3,085 sf single family dwelling with attached garage.  Disturbance within 100 feet of a wetland requires both Site Plan Review and Freshwater Wetlands Permit review by the Planning Board.  The project is located on the south end of Forest Road in the WR Zoning District (226.19-1-39).  The project proposes on-site wastewater treatment and an on-site water supply.  Plans were originally submitted with minimal stormwater management.  Access to the site requires the extension of a Town Road.  The application was initially reviewed by the Planning Board at the May 18, 2010 Planning Board meeting.  Staff notes listed the proposed on-site wastewater treatment system as compliant and the driveway would be an extension of Town Road constructed by applicant.  Soil testing information provided and was observed by Town Engineer.  Concerns expressed by the public and Planning Board. 

Waterkeeper Perspective: The Waterkeeper initially expressed concerns at the May 18, 2010 Planning Board regarding: Absorption bed on steep slopes and within 10 feet of property line; well was not located; need for wetlands delineation; lack of details on retaining wall; lack of stormwater management plans for road/driveway; eave/infiltration trench proposed within 60 feet of wetland; and amount of disturbance.  The Waterkeeper developed comments regarding the resubmitted plans in July 2010: need for major stormwater management plan; failure of stormwater plan to comply with Town Code; lack of stormwater management for road; failure to collect all stormwater runoff; need for additional soil testing; failure to design OWTS to number of potential bedrooms; failure to design OWTS to Town Code; and impacts to wetlands from well location.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board July 2010.

Next Meeting: The application was first heard by the Town of Queensbury Plannning Board at the May 18, 2010 meeting.  Concerns were expressed by the Planning Board and the public and the application was tabled requiring additiona information:  need to address vegetative slope stablization; provide stormwater management plan; provide current wetlands delineation; provide retaining wall details; provide road cross section details; provide contour information; provide floor plans; provide house elevations; and plans to be stamped by licesned professional engineer.  The project was scheduled for review at the July 20, 2010 Planning Board meeting.  The application was requested to be tabled by the applicant due to additional comments recieved from Town Engineer and submission of road construction to Adirondack Park Agency.  The Town of Queensbury Planning Board tabled the application at the July 20, 2010 Planning Board meeting until September 28, 2010.

 

Gray (Updated 9/16/09)

Project Summary: Applicant proposes subdivision of an 11.56 acre parcel into two lots of 3.18 and 8.36 acres.  Exisitng house will remain on the 3.18 acre lot and share a driveway with the new proposed SFD on the hillside.  Land with slopes in excess of 25% will not be disturbed.

Waterkeeper Perspective: The Waterkeeper reviewed the application and would recommend that after subdisivion of land, the proposed SFD should require site plan review.  Missing information on the site plan and the request to waive a grading plan and stormwater plan should not supercede the need to identify that the proposed site can adequately infiltrate stormwater. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board September 2009.

Next Meeting:

Hausler (Updated 6/25/10)

Project Summary: Applicant proposes the demolition of an existing non-compliant dock and replace in a compliant location a 558 sf dock and 312 sf boathouse with sundeck.  Dock/boathouse in the WR zone requires Planning Board review and approval.  The project is located at 143 Seelye Road in the WR Zoning District (227.17-1-59).  The project was elligible for expedited review.  Staff claimed there was sufficient existing shoreline buffer.   

Waterkeeper Perspective: The Waterkeeper was not opposed to the proposed project and recommended the installation of a shoreline buffering as per Town Code feeling there was not a sufficient buffer present.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board June 2010.

Next Meeting: The Planning Board heard the application at their June 22, 2010 meeting and approved the application with the following condition:  the applicant is to maintain the existing natural shoreline buffer.  No public hearing was held on the application. 

 

Inwald (Updated 11/11/11)

Project Summary: Applicant proposes an 863 sf residential addition which will connect the existing garage (with a separate apartment) to the main house and a 400 sf screened porch addition and a 0.66 ac. lakefront lot.  The project is located on Gunn Lane on Cleverdale.  A variance from the Town of Queensbury Zoning Board of Appeasl is required for the expansion of a non-conforming strucutre within 7 feet of the side property line.  Site plan review is required by the Town of Queensbury Planning Board for expansion of a non-conforming strucutre within a CEA.  The project proposes the construction of a new on-site wastewater treatment system and utilizes the lake for drinking water.  A minor stormwater management plan was proposed to address runoff from the proposed and existing building impervious cover.  The Planning Board had the following concerns:  need for deep test pits for the stormwater management system; required a major stormwater management plan; need to address Chapter 147 regarding erosion control; review the Floor Area Ration calculations; develop a native planting plan and provide information regarding the removal of the existing on-site wastewater treatment system.

2011 SITE PLAN - The applicant proposes a boathouse with a 697 sf sundeck addition with access ramp between two existing docks.  The applicant requests relief for a 250 sf access ramp with the shoreline and sideline setbacks.  The ramp is to provide handicap access to the proposed sundeck.  The ramp will require 30" retainning walls and substantial regarding within the shoreline ssetback.  Alternatives such as lifts have been considered but dismissed to due to extensive shoreline construction.  Limited planting is provided along the ramp including a single tree, shrubs and iris plants.  Stormwater infiltration trenches are provided along the sidewalk.  The application was sent to the Town of Queensbury Planning Board for recommendation to the Zoning Board of Appeals.  The application consisted of three versions:  Alternative 1 - 160 lf of ramp down to the dock with a lift to the sun deck; Alternative 2 - Ramp with retaining wall to the north side connection to the sundeck with a bridge, earthened grading provided on the south side with landscaping; and Alternative 3 - Ramp with retaining walls on both sides connecting to a bridge to the sundeck with retaining wall to be screened by shrubs.  The applicant provided detailed presentation of the numerous bridges to sundecks around Cleverdale, Harris Bay and Lake George and stated the preferred alternative was Alternative 2. 

Waterkeeper Perspective: The Waterkeeper review indicated errors in the stormwater volume calculations and information lacking regarding the details of the proposed stormwater management structures.  There was concern regarding the proposed infiltration trench and the proximity to the building foundation and recommend the consideration of a rain garden for stormwater management.

2011 SITE PLAN - The Waterkeeper has concerns about the limited planting proposed and feels there should be a substantial shoreine buffer provided, recommends alternative to mitigate runoff including pervious pavement, reduction in the proposed patio size, improving the stormwater management plan by incorporating a rain garden and restrictions on fertilizer and pesticide use.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board October 2008.  See comment letter to the Town of Queensbury Zoning Board of Appeals February and May 2011.

Next Meeting: The application was again tabled for the December 2008 Planning Board meeting until 3/24/09 PB meeting (90 days) to allow the applicant to address the comments from the Planning Board.    The dock access ramp is scheduled on the agenda of the February 15, 2011 Town of Queensbury Planning Board meeting for recommendation to the Zoning Board of Appeals and is scheduled on the agend of the February 16, 2011 Town of Queensbury Zoning Board of Appeals meeting.  The item was tabled at the applicant's request and no date for reschedule is available.  The Zoning Board of Appeals requested a recommendation from the Planning Board, who heard the application at their August 23, 2011 meeting.  Staff comments on the alternatives focused on the import of fill and the change of the natural grade in the buffer area of the lake.  Although numerous examples were provided of existing bridges to sundecks, the Planning Board stated most of the examples were installed prior to zoning and pre-existing, non-conforming structures and did not receive approvals.  The Planning Board also stated the goal of the Comprehensive Plan was to reduce man-made appearances in natural environments.  The Planning Board recommended Alternative 3 which was not seconded.  The Planning Board recommended Alternative 1 which was not approved on a 2-4 vote.  The final recommendation to the Zoning Board of Appeals was for the Board to consider all alternatives.  The applicant appeared at the October 25, 2011 Planning Board meeting with a revised plan with stairway access to the boat house roof deck, which was less than 100 sf addition requiring no variance and meeting all requirements for shoreline planting.  Staff notes referred to the planting plan as "robust".  The Planning Board approved the site plan without conditions, 7-0. 

 

J&D Marina (Updated 1/19/12)

Project Summary: Applicant proposes changes to the existing marina operations to include the re-positioning of moorings to accomodate larger boats resulting in a decrease in the number of slips from 80 to 75 at the Castaway Marina located on Route 9L on Warner Bay (240.5-1-26).  The property is located in the WR Zoning District and is designated as Moderate Intensity Use on the Adirondack Park Land Use and Development Plan Map.  The applicant requests variances for:  Dock length in excess of 40 feet from the Mean Low Water Mark.  The applicant states the existing dock slips are too small for the increased berth of larger boats and proposes modifications in the northeast corner (backing out into the bay) and th4e south west corner (closest to the marina and Route 9L shoreline).  The applicant claims there is difficulty filling the marina with a demand for larger dock slips and is looking for 10' wide slips.   

Waterkeeper Perspective: The Waterkeeper recongized the decrease in the number of slips which could be a benefit to the lake but expressed concern about the impacts of larger boats in the shallower waters near shore and in the bay.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals January 2012.

Next Meeting: The Town of Queensbury Zoning Board of Appeals heard the application at their January 18, 2012 meeting.  The Town of Queensbury Planning had indentified no adverse impacts that could not be mitigated at their January 17, 2011 meeting.  There were numerous public comments expressing concern about larger boats in Warner Bay, possible increased intensity of use with people living on larger boats and failure to notify residents outside the 500 foot requirement.  The applicant stated he had dredging along the southern dock, area of concern, in late 1990s to a depth of 3.5-4'.  The Town of Queensbury Zoning Board of Appeals granted the variance without conditions stating it was not an expansion and would have less impact on the lake by decreasing the number of board, 7-0.

 

Jackowski (Updated 11/1/09)

Project Summary: Applicant proposes subdivision of a 6+ acre parcel into two lots of 3.0 acres each at Pickle Hill and Bay Road (265-1-73.2). 

Site Plan Review - Lot 1A - Applicant proposes the construction of a single family dwelling on a 3+ acre parcel located on Bay Road in the RR Zoning District (265-1-73.2).  Site Plan review is required as a condition of a previous subdivision approval.  The applicant proposes approximately 6500 sf of impevious coverage on the site.  The project is considered a minor stormwater project.  On-site wastewater treatment and water supply is provided.  The Planning Board questioned the existing disturbance (logging road) and the time for the future development.  The applicant stated it would be 2-3 years away.  Staff recommended the submission of a Stormwater Pollution Prevention Plan since the entire subdivision will disturb greater than 45,000 sf. 

Waterkeeper Perspective: The Waterkeeper recommended that the PB require a 'major' stormwater management plan due to disturbance exceeding 15,000 sq ft and also to use exisitng forested area for natural infiltration vs. clearing.  Infiltration and treatment of stormwater are enhanced by mixed height vegetation vs. grass swales.  

The Waterkeeper expressed concern about the stormwater plan and suggested the project be considered as a major project due to the proximity to wetlands and the Lake George CEA.  In addition, grass swales should be installed in leiu of riprap channels to promote infiltration.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board December 2008 and June 2009.  See comment letter to the Town of Queensbury Planning Board for the Site Plan Review October 2009. 

Next Meeting: The application was tabled to 2/24/09 PB meeting to allow the applicant to address the comments from the Planning Board,.  Vision engineering and Waterkeeper comments to be reiewed and satisfied by the applicant.  Applicant neglected to attend the June 23, 2009 scheduled ZBA Public Hearing, which prompted the Board to deny the application without predjudice (no stormwater management had been submitted as previously requested).

Site Plan Review - Lot 1A - The Town of Queensbury Planning Board approved the Site Plan Review at their Octoberr 27, 2009 meeting with the following conditions:  correct the impervious coverage sf and submit a SWPPP prior to the development of Lot 1A.

 

Johnson (Updated 9/7/11)

Project Summary: Applicant proposes a 937 square foot residential addition to include an attached garage, study, powder room and hallway space replacing existing detached garage with carport andd shed space at 347 Cleverdale Road (226.12-1-48).  The property is located in the WR Zoning District and is designated as Moderate intensity Use on the Adirondack Park land Use and Development Plan.  The project includes the removal of some existing impervious surfaces (driveways and walks) and claims an overall reduction in impervious cover.  The property contains existing mature vegetation along the shoreline.  The applicant is seeking variances for:  side yard setback - 20' required and 5.1' and 9.7' proposed and for the expansion of a noncomforming structure.  The project will also require site plan review by the Town of Queensbury Planning Board.  The application states stormwater management will be provided but no information was submitted to the Zoning Board but was submitted as part of the Site Plan Review application.   

Waterkeeper Perspective: The Waterkeeper has the following concerns: stormwater management should be provided for the existing impervious cover; NYSDOH recommends extra rooms that could be converted into futurre bedrooms (such as studies, dens, etc) should be included in wastewater design flows, therefore, the proposed study should be considered as as bedroom; the wastewater treatment area should be protected during construction; plantings should be added to the existing shoreline buffer to comply with Town Code; impervious cover should be reduced; the FAR ratio should be clarified (Town claims a variance is required and applicant states one is not needed) and fertilizers and pesticides should be restricted.

Waterkeeper Comments:  See comment letter to the Town of Queensbury Zoning Board of Appeals for the variance application August 2011 and to the Town of Queensbury Planning Board August 2011. 

Next Meeting: The zoning variance application was scheduled for the Town of Queensbury Zoning Board of Appeals August 17, 2011 meeting and the Site Plan Review was scheduled for the Town of Queensbury Planning Board August 23, 2011 meeting.  The Town of Queensbury ZBA reviewed the variance application, which had received a positive recommendation from the Planning Board.  The applicant provided support letters from adjoining neighbors.  The ZBA stated there would be little stormwater impact since the addition would be behind the main part of the house, restricting runoff to the lake.  The ZBA granted the requested variances with no conditions, 7-0.  The Site Plan Review Application was heard by the Town of Queensbury Planning Board on August 23, 2011.  The Planning Board approved the proposed Site Plan with staff recommendations of:  1. Providing detail on proposed rain garden, 2. Scarifying soils in area where pavement will be removed; and 3. Protection existing onsite wastewater treatment system.    

 

 Kelly (Updated 1/28/09)

Project summary: Applicant proposes hard surfacing within 50 feet of Lake George which requires a site plan review.  The project proposed the removal of 2 existing large white pines (with a certified arborist stating the trees were rotting) and the installtion of (2) small, laid stone 18"high retaining walls, rip rap along the shoreline and vegetative planting concentrated along the side property lines.  The applicant has received a permit from the NYSDEC for the installation of rip rap.  Currently, a single family home is being constructed on the property which received a building permit upon submitting stormwater and wastewater management plans.  A site plan review was not required for the site development.  However, the Planning Board did inquiry about the site development expressing the need for cummulative review of the entire site development.  It appears there was no decision on the need for a major stormwater management plan within the Critical Environmental Area.  Neighbors claim there has been significant tree removal within 35 feet of the shore and the owner claims to have removed 10 trees within the setback. 

Waterkeeper Perspective: The Waterkeeper had concerns about an overall site plan review to determine to cummulative impacts; the need for a major stormwater management plan; the extent of disturbance and necessity for the hardening of the shoreline (Is erosion present?); the lack of a replacement forestsed buffer along the shore and whether an APA permit is required.

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

Next Meeting: Application was approved by the Town of Queensbury Planning Board at the January 27, 2009 meeting with the following conditions:  1.Satisfy Town Engineer comments; 2. SW controls reviewed and approved by Town Engineer; 3. Add straw mulch where vegetation is removed; 4. Revise silt boom plan along shoreline; 5. Only apply Low Phosphorous fertilizer; 6. No limestone rip[ rap used; 7. Dry stack retaining; 8. Remove diseased trees during winter and 9. Submit DEC permit.

 

Kitchen (Updated 1/18/13)

Project Summary: Applicant proposes construct a two-story dwelling with attached garage totaling 3,171 sf located on the south end of Forest Road (226.19-1-39).  The project is located in the WR Zoning District and is dsignatd as Moderate Intensity Use on the Adirondack Park Land Use and Development Map.   Disturbance within 100 feet of a wetland requires both Site Plan Review and Freshwater Wetlands Permit review by the Planning Board. The project proposes on-site wastewater treatment and an on-site water supply. Stormwater management is proposed with three rain gardens located throughout the property.  Access to the site requires the extension of a Town Road.  The application submission contained no information for stormwater management for the proposed road extension.  JANUARY 2013 - The Town determined a total of 7 variances were required for the application for setbacks for infiltration devices to wetlands, separation to groundwater and need for infiltration extending below frost line.  The application was revised and the rear rain garden was eliminated, grass pavers were installed, and the stone trench was expanded.

Waterkeeper Perspective: The Waterkeeper has concerns about the construction in close proximity to the wetlands and removal of the protective buffer, recommends the project be considered a major stormwater project, provide stormwater management for the road extension, need to provide infiltration for all impervious surfaces, need for additional soil testing in the areas of the stormwater controls and possible need for variances for the rain gardens within 100 feet of the wetlands.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board September 2012 and January 2013.

Next Meeting: The application was heard by the Town of Queensbury Plannning Board at the September 18, 2012 meeting.  At the meetig, the applicant submitted a revised plan to reflect input from te Town Highway Superintendent regarding the road extension.  In addition, the plans were modified to address engineering comments.  The application was tabled until the October 16, 2012 meeting.  The application was heard at the January 16, 2013 Town of Queensbury Zoning Board of Appeals meeting.  The applicant stated this was a modest proposal and the variances were required due to changes in the stormwater code long after the lot was created. There was significant opposition to the application.  The ZBA expressed concern about the number and substantiality of the variances and requested the applicant to revise the plan.  The application was tabled until March 2013.  

 

Koleci (Updated 12/22/09)

Project summary: Applicant proposes the demolition of existing 911 sf seasonal residence and construction of a new 1,430 sf seasonal residence and seeks relief from front and rear yard setbacks as well as relief from the Floor Area Ratio located at 315 Cleverdale Road(226.12-1-29)  The property is 0.12 acres and is located in the WR Zoning District.  The application proposes the construction of a new on-site wastewater treatment system (OWTS) consisting of Eljen In-LIne Drains.  The property is serviced by lake water.  The application stated stormwater management was not proposed since there is no slope at the site and there is no runoff.  The Town of Queensbury Zoning Board of Appeals had questions regarding stormwater management controls, parking at the site, test pit information and the ability to design the site for a three bedroom residence.

Waterkeeper Perspective: The Waterkeeper did not have concens regarding the variance application since it was consistent with the neighborhood but the following questions about the application:  1) stormwater management should be required within the Critical Environmental Area and would mitigate runoff from a strucutre that required a variance for the Floor Area Ratio and 2) additional information should be submitted on the OWTS including design calculations fo the absorption bed and consideration of the proposed den as a future bedroom as per NYSDOH regulations.

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

Next Meeting: The Town of Queensbury Zoning Board of Appeals granted the variances at their December 16, 2009 meeting with the condition of the installation of stormwater management controls, 7-0 vote.  

 

Kraft (Updated 9/28/09)

Project summary: Applicant proposes the construction of a 14-slip, 3 dock mariana located at 25 Clverdale Road (240.9-1-1).  The project is located in the WR Zoning District and is located north of the Harris Bay Yacht Club.  The proposal will require a variance for side yard/lot ine extension setback requirements; will require a lot line adjustment for a subdivision; will require a Special Use permit and will require a Freshwater Wetlands Permit for disturbance within 100 feet of an APA wetland.  The proposal currently has one six slip dock and (2) new, 4 slip docks are proposed.  The applicant has stated no clearing will be required for access to the two proposed dacks and all shoreline vegetation will remain.  The existing access drive will not be expanded for the project.  An existing vvacant tennis court will be converted into 10 parking spaces for vehicles.  An incinerator toilet is proposed for on site.  No dredging is required for the proposed docks. 

Waterkeeper Perspective: The Waterkeeper has concerns about the removal of vegetation for access to the docks, the need for dredging for the proposed docks; disturbance of the wetlands for stormwater management and the capacity of the incinerator toilet.

Waterkeeper Comment: See comment letter to the Town of Queensbury Planning Board September 2009.

Next Meeting: The Town of Queensbury Planning Board recommended approval of the variance for lot extension setback at their September 10, 2009 meeting by a 4-2 vote.  The Town of Queensbury Zoning Bord of Appeals granted approval to the lot extension setback at their September 16, 2009 meeting 7-0.  The Town of Queensbury Planning Board approved the Special Use Permit for the marina with the following conditions:  no sales or launching; 5' permeable path to the new docks; 5' permeable path perpendicular to the shore; no vegetation will be removed and no access to the site for docks from the adjoining parcel to the north. 

 

LaForte (Updated 9/26/08)

Project summary: Applicant proposes construction of a 4154 sq ft single family dwelling (SFD) within the Lake Geroge CEA. Disturbed area 14,690 sq ft with major stormwater required.

Waterkeeper Perspective: Land cleared a year ago still has bare soils. The existing site contains wet areas, bedrock and limited available soils.  The suitability of the site for stormwater treatment is marginal.  The proposed stormwater management plan was modified to incorporate the forest into the treatment plan, a concept that the Waterkeeper supports.  However, soil investigations were not performed in the immediate area and nerby tests indicate limited depth to bedrock.  The proposed house site contains a large ponded area.

Waterkeeper Comment: See comment letter to the Town of Queensbury Planning Board for August and September 2008

Next Meeting: Application was approved at the September 23 Planning Board meeting despite concern regarding ack of certification of separation to nearby wells and concerns about suitable soils.

 

Lambrechts (Updated 2/1/11)

Project summary: SITE PLAN NO 522010 SEQR TYPE II JOHN SANDY LAMBRECHTS AGENTS. D MACELROY, EDP OWNERS SAME AS APPLICANT. ZONING WR. LOCATION 32 RUSSELL HARRIS ROAD. APPLICANT PROPOSES A 692 SQ FT SECOND STORY ADDITION TO EXISTING SINGLE STORY RESIDENCE. EXPANSION OF A NON CONFORMING STRUCTURE IN AEA REQUIRES PLANNING BOARD REVIEW AND APPROVAL CROSSREFERENCE AV4410 BOH1810 72610 WARREN CO PLANNING 8112010 APA CEA OTHER APA WETLANDS LG PARK CEA LOT SIZE 028 ACRES. TAX MAP NO 239.8-1-4 SECTION 1799

Waterkeeper Perspective: Recommended stormwater management is brought into compliance with existing regulations (the SFD is only 42 ft from Lake George) and planting a substantial shoreline buffer

Waterkeeper Comment: See comment letter to the Town of Queensbury Planning Board for September 2010.

Next Meeting: PB approved this application with the follwoing conditions: add a stormwater infiltration trench north of the garage; stormwater computations to be submitted; code compliant landscaping plan; no fertilizer and pesticides on land (except to take care of a hornet's nest).

 

Livingston (Updated 8/26/08)

Project Summary: Applicant proposes demolition of a 838 sq ft seasonal cottage and replaced by nearly idneticle 838 sq ft structure, with an increase in overall height. Variance relief needed for front and side setback, expansion of a non-conforming structure and floor area ratio. Expansion of a non-conforming structure within the CEA also requires Planning Board review and approval.

Waterkeeper Perspective: The lot is 0.14 acres, was approved by the Town Board to permit 3 holding tanks for wastewater collection and subsequent pump out. Recommendation by the Waterkeeper to require stormwater infiltration and treatment on the property using vegetative plantings (bioretention cells or rain gardens) and to investigate using permeable pavement for the driveway.

Waterkeeper Comments: See comment letters to the Town of Queensbury Zoning Board of Appeals for August 2008 and the Planning Board for August 2008

Next Meeting: Queensbury Zoning Board of Appeals approved Area Variance 50-2008 on 8/20/08. Queensbury Planning board approved Site Plan 32-08 on 8/26/08 (with no SEQRA review required) with the condition that the applicant will design and install a drainage system for roof stormwater runoff with VISION engineering signoff.

 

Mangino (Updated 11/11/11)

Project Summary: Applicant proposes the construction of a 72 sf covered entry porch/deck to the existing seasonal residence located at 67 Rockhurst Road(227.13-2-31). The propery is located in the WR Waterfront Residential Zoning District and designated MOderate Intensity Use on the Adirondack Park Land Use and Development Plan.  The applicatn equires area variances for front yard setback, side yard setback, Floor Area Ratio and expansion of a non-conforming structure.  The applicant claims the expansion is to provide cover during rain events and there is no desire to enclose the structure.  Staff notes indicated the site permeability was 51% and there were no alternatives for the request.  There are two existing patios between the dwelling and the residence. 

Waterkeeper Perspective: The Waterkeeper has concerns about the proposed variance regarding the reduction in permeable cover of the site anf the associated negative environmental impacts as well as the need for a shoreline buffer. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals October 2011. 

Next Meeting: The Town of Queensbury Zoning Board of Appeals granted the variance for placement of infiltration devices within the 100-foot shoreline sheard the variance at the October 19, 2011 meeting.  Prior to the meeting, the Town of Queensbury Planning Board did not identify any serious environmental impacts of the project.  At the Zoning Board meeting, Board members expressed concerns about the amount of impervious cover, need to address runoff and add additional plantings but felt these issues would be covered by the Planning Board's site plan review.  The variances were granted without condition.  The Town of Queensbury Planning Board reviewed the Site Plan application at their October 25, 2011 meeting.  The applicant submitted a sketch planting plan with consultation with the Town and proposed "amble cover" and maximize planting.  The proposed planting included increasing 3 existing beds by 50%, adding planting near the pations and replacing an exissting tree.  The Planning Board granted Site Plan approval with one condition:  Applicant to provide a Coe compliant buffer. 

 

 

Mastoloni (Updated 6/23/09)

Project Summary: Applicant proposes the redevelopment of a parcel located at 18 Neighbors Way on Assembly Point (226.15-1-29).  The applicant previously received variances for shoreline setback and expansion to a pre-existing nonconforming structure.  The applicant proposes to expand the existing 2-story structure by 800 sf on the ground floor (not on the lake side) and to expand the second story 35 sf.   The wastewater  treatment system was proposed to located on an adjoining parcel which was owned by the family further away from the lake.  In June 2009, the applicant was seeking variances for the placement of stormwater infiltration devices (rain garden and infiltration eave trenches) within the minimum 100-foot shoreline setback to Lake George.  The applicant proposes the installation of a vegetated shoreline buffer along a portion of the property. 

Waterkeeper Perspective: The Waterkeeper supported the variance request for the placement of the infiltration devices within the shoreline setback based on the proposed improvements to a developed site which had no previous stormwater management controls.  The Waterkeeper recommended additional rain gardens instead of the proposed eave trenches for improved stormwater treatment and easier maintenance, i.e. leaves collect on eave trenches preventing infiltration.  In addition, there was concern regarding a note on the plans for addition clearing of existing vegetation along the shoreline which needs to be clarified and better defined.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals June 2009 and meeting minutes for verbal comments at the June 23, 2009 Planning Board meeting (recommending that several of the proposed plantings be replaced witrh non-invasive, native species (which was agreed to by the applicant); fertilizer and pesticide use be prohibited; need clarification for the proposed "...thinning for a view..." on the northeast side; and that there be proper installation and maintenance for the proposed permeable pavers.

Next Meeting: The Town of Queensbury Zoning Board of Appeals granted the variance for placement of infiltration devices within the 100-foot shoreline setback on June 17, 2009.  At the Queensbury Planning Board public hearing on June 23, 2009, the application was approved with several conditions, including mandatory use of native plant species and no fertilizers.

 

McCall (Updated 12/18/12)

Project Summary: Applicant proposes to expand an existing 5,546 sf single family dwelling by 1,422 sf with a two story addition at 25 Wild Turkey Lane (239.15-1-8). The project is located within the WR Zoning District and is designates as Rural Use on the Adirondack Park Land Use and Development Map. The project requires an area variance from the Town of Queensbury Zoning Board of Appeals for: maximum height restrictions - 2' maximum, 36'-2" proposed.  The project proposes the removal of an existing 12'x14' screened porch ad replace with a 12'x62' addition to add an office off the second floor master bedroom and tie the roof line into the existing.   The project will also add a carport /exercise room over the garage.  According to building plans, a den and bedroom are planned for the addition.  No information was provided regarding stormwater management or the existing onsite wastewater treatment system.  The project will also require Site Plan Review from the Town of Queensbury Planning Board. 

Waterkeeper Perspective: The Waterkeeper does not opose the variance but requested: have the existing onsite wastewater treatment syste certified for the additiona bedrooms; require stormwater management for the proposed addition and existing structure and require a shorelne buffer. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals October and November 2012.

Next Meeting: The application was placed on the agenda of the October 17, 2012 meeting of the Town of Queensbsury Zoning Board of Appeals.  The application was not forwarded to the Town Planning Board so no recommendation was available for the Zoning Board to proceed.  The applicant stated that a shoreline buffer exists and that the OWTS has been in for 25 years with no problems and that no bedrooms will be added.  The application was tabled until the November 28, 2012 meeting.   At the November meeting, the applicant stated that the dwelling was on holding tanks and capacity was not a problem.  In addition, the applicant was requesting a waiver from stormwater management.  Staff informed the ZBA a buffer was previously installed with a boathouse application.  The Zoning Board granted the variance (7-0) with a recommendation for evaluation of the shoreline buffer to reduce runoff.  The project would have Site Plan Review by the Town of Queensbury Planning Board at the December 20, 2012 meeting. 

 

Miller (Updated 12/18/12)

Project Summary: Applicant proposes to eliminate a portion of lawn and install landscaping that includes dry laid stone wall and construct a 250 sf flagstone patio at 107 Rockhurst Road (227.9-1-5). The project is located within the WR Zoning District and is designates as Moderate Intensity Use on the Adirondack Park Land Use and Development Map. The project proposes the removal of vegetation within 35 feet of the shoreline and hard surfacing within 50' of the shoreline. The project will require variances: 1) Shoreline setback - 50 feet required, 37' proposed; and 2) Permeability - 75% required, 64.8% proposed. The project will require Site Plan Approval by the Town of Queensbury Planning Board. The applicant is proposing the installation of sormwater management controls (retention basins) in the terraced walls proposed.   The applicant proposes a patio totalling 250 sf. The applicant proposes to remove impervius parking area.  The applicant will also remove existing lawn and replace with landscaping consisting of shurbs and perennials.  November 2012 - The applicant revised the plans to incorporate a paver block patio and reduced the patio size from 250 sf to 200 sf.

Waterkeeper Perspective: The Waterkeeper supports the installation of stormwater management for the property where none exists and replacement of lawn with shrubs and perennials. The Waterkeeper does not support the reduction in permeability proposed and recommends alternatives such as a reduction in patio size or surface material.  The Waterkeeper recognized the project revisions but continued to recommend a zero change in site permeability.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals September & November 2012.

Next Meeting: The Town of Queensbsury Planning Board reviewed the application for recommendation to the Zoning Board of Appeals at their September 18, 2012 meeting. The Planning Board questioned why permeable pavers were not proposed and the applicant stated there is not support for the permeable pavers for asthetic purposes. The Planning Board passed a resolution stating there were no adverse environmental impacts that could not be mitigated by the proposed design. The application would be reviewed by the Town of Queensbury Zoning Board of Appeals at their September 26, 2012 meeting.  At the September 26 ZBA meeting, the Zoning Board members expressed concern about the decrease in permeability and recommended permeable pavers for the variance. The applicant accepted the recommendation and the application was tabled until November 28, 2012.  At the November meeting, the Zoning Board supported the application based on the applicant's change to paver blocks and approved the requested variances 7-0.  The project will receive Site Plan Review on December 18, 2012 by the Town of Queensbury Planning Board.

 

Moriarty (Updated 3/26/10)

Project Summary:  Applicant proposes an 880 sf basement expansion within the Critical Environmental Area (CEA) at 12 Honeysuckle Lane on Assembly Point (226.15-1-29).  Floor Area Ratio (FAR) to become 39%, 22% allowed.

Waterkeeper Perspective:  The Waterkeeper recommended that the proposed drywell be relocated to avoid impacts to the onsite wastewater treatment system (OWTS).  Also, with an expansion of this 1952 SFD, evaluation of the OWTS by a licensed professional should be required.  Care to avoid the OWTS and existing vegetation during construction activities and use of heavy equipment on the site was suggested.

Waterkeeper Comments: The Waterkeeper provided verbal comments at the Public Hearing on February 17, 2010 ZBA meeting.  See comment letter to the Town of Queensbury Planning Board February 2010.

Next Meeting: The Town of Queensbury Zoning Board of Appeals granted the variance.  The PB approved SPR with conditions that the applicant identify the OWTS and have it certified; the drywell is relocated to the NE side of the house.

 

Paulsen (Updated 9/17/08)

Project Summary: Applicant proposes the development of a vacant single family residential lot of 51 acres in an existing subdivision. The existing parcel has a restriction for no further subdivision. The application requires a Major Stormwater project, will have on-site wastewater treatment system and proposes a 1600 lf driveway.

Waterkeeper Perspective: The Waterkeeper is concerned about components of the stormwater management plan including soil investigations, extent of previous clearing and recommends the incorporation of bioretention practices.  Comments of the Waterkeeper were adequately addressed in the revised site plan submission for the September meeting.   

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board July 2008.

Next Meeting: The Town of Queensbury Planning Board approved the revised site plan at the September 16, 2008 meeting with a condition of no further subdivision of the parcel. 

 

PUSHOR/SPELLBURG (Updated 2/22/12)

Project Summary: Applicant proposes the subdivision of three parcels totaling 92.12 acres located at 45 Ellsworth Road into nine residential lots ranging in size from 3.0 acres to 45.30 acres (265.-1-2.1,2.2 & 2.3).  The project is located in the RR-3A-Rural Residential (39.90 acres) and LC-10A-Land Conservation (52.24 acres) Zoning Districts.  The project will require numerous variances:  In the LC-10A Zone - No road frontage on a Town Road, Density (40 usable acres, 24.78 available), lot width (500 feet required, 200 feet for Lots 2,3 & 4), Lot size (10 acres required, 3 acres provided for Lots 2,3 & 4) and sideyard setbacks (100 feet required, 50 feet proposed for Lots 2,3 & 4) and the RR-3A Zone - No frontage on a Town Road and lot width (400 feet required, Lot 6 (304'), Lot 8 (386) and Lot 9 (310)) require variances The subdivision will be serviced by a 1350 lf + 20' wide road.  Approximately 44 acres of the property is has slopes greater than 20%, which have been excluded from density calculations.  A sketch plan was submitted to the Town of Queensbury Plannning Board prior to variance submission.  The applicant submitted preliminary subdivision plans including individual lot development plans and stormwater management plans in October 2011 for consideration of the requested variances.  The applicant claims the variance request on density is partially based on a recent rezoning of the property in 2009 from RR-3 to LC10.  There are combined dirveways proposed to access several of the lots.  The site was visited by the APA who stated there were no wetlands on site.  SUBDIVISION REVIEW - The applicant submitted preliminary subdivision plans with a stormwater management report for review by the Planning Board.  Outstanding issues included the requirement of the APA for a Jurisdictional Inquiry Form due to wetland along a stream and the request for a Phase I Archelogical Study.         

Waterkeeper Perspective: The Waterkeeper is would be interested in compliance with the approved Town of Queensbury Comprehensive Plan and the implementation of low impact development measures including limiting driveway lengths and clearing.  Part of the project is located within the Lake George watershed and would be required to meet the LGPC stormwater regulations.  Upon review of the October 2011 preliminary plans, the Waterkeeper expressed concerns about the requested density and permeability variance which would change the character of the neighborhood, alternatives were available to the density and permeability variances (such as making larger lots and reducing driveway lengths) and the granting of the variances would have a negative impact on the environment.  Regarding the subdivision review, the Waterkeeper has concerns about the amount of impervious cover proposed and requested a reduction; the need for stormwater management for the first half of the subdivision road and for vegetative plantings in the stormwater basins.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals - October and December 2011.  See verbal presentation to the Town of Queensbury Plannning Board - February 2012.

Next Meeting: The Town of Queensbury Planning Board reviewed the sketch plan at their April 19, 2011 meeting.  The Board asked question about a cluster concept but felt the property did not lend itself to a cluster design and would not be in character with the neighborhood.  In general, the Planning Board liked the layout but members expressed concern about the length of road and the need to delineated clearing.  The variance requests were heard by the Town of Queensbury Zoning Board of Appeals at the October 19, 2011 meeting.  The Board seeked input regarding the zoning change of the property that did not seem to conform with surrounding properties.  The Board did express concerns about the wetness of Lots 5 & 6, amount od driveways and the need to follow the Comprehensive Plan.  The consensus of the ZBA was for the applicant to look at reconfiguring the plan to protect sensitive areas and possibly reduce the variances requested.  The application was tabled until December 21, 2011. At the December meeting, the applicant submitted a revised plan that reduced the number of lots by one (eliminating Lot 5) and lengthened the shared driveway for Lots 1 and 4.  The applicant stated they would look at other means to reduce the impervious cover.  The Zoning Board of Appeals approved the variance without conditions.   SUBDIVISION REVIEW - The Town of Queensbury Planning Board reviewed the preliminary plan submission at the February 21, 2012 meeting and tabled the application due to outstanding engineering questions (total of 24 received from Chazen Companies).  It is tentatively scheduled for the April 17, 2012 Planning Board meeting.

 

Provident Batavia, LLC (see Salomon) (Updated 5/20/11)

Project Summary:  Applicant has initiated construction of a single family home on 0.45 acre lakefront property at 67 Knox Road. Construction started without appropriate site plan review for a major stormwater project and a compliant septic system. Since construction on the house was initiated, it was discovered that the construction would not comply with Town of Queensbury Code for building height and for Floor Area Ratio. Adjoining impacted landowners have appealed the Town administrator’s decision.

2009 Update:  Salomon is no longer financially involved in the project.  It is now Provident Development (2 partners).  Planning Board is concerned about the fact that the site still has not been stabilized since 2007, the neighbor's garage on the south side is vulnerable to sliding down the steep slope that was created with no erosion controls, conventional septic system is planned utilizing a retaining wall to hold up the absorption bed.  The neighbor's and Waterkeeper proposed to the PB that the new FAR definition should be applied to this project, as there is a change in ownership, site design and impervious area (therefore a new application should be filed).  DECEMBER 2009 - The adjoining land owner (Glandon) is appealing an August 5, 2009 determination of the Zoning Adminstrator regarding the applicability of the old Zoning Code for this property.  The Town of Queensbury Zoning Board of Appeals Chairman stated he was "baffled by this process and how the project got here and places the blame on the shoulders of the Zoning Adminstrator".  The Zoning Board of Appeals expressed concern regarding playing a numbers game with the Floor Area Ration and the validity of the existing permit and the size of the building. 

2011 UPDATE:  The applicant has submitted revised plans based on having legal petitions denied regarding Zoning Board of Appeals decisions.  The applicant proposes to modify the existing incomplete single family dwelling by removing 2nd floor living space and modify previously installed driveway to allow access for neighboring parcel to the north.  This proposal has been classified as a Major Stormwater Project and requires Planning Board review and approval.  The application proposed onsite wastewater treatment with an absorption bed constructed on the eastern portion of the property along Knox Road.  A retaining wall is proposed to support some fill in that area.  The stormwater management system consists of roof drains, catch basins and piping to a subsurface infiltration chamber system.  There are two check dam systems along the side porperty lines.  A detailed planting plan has been provided.   

Waterkeeper Perspective: 1) The Waterkeeper forwarded photos around the time of the clearing in May 2007 and requested whether the proper stormwater permits were submitted for the project. We were informed by the Town that there was no problem with the activities and were covered with permits. 2) It was not until late summer 2007 that the Zoning Department determined the project should proceed to site plan review after the building was nearly complete. There were significant problems with the proposed plan including non-compliant stormwater management plans, non-compliant wastewater plans, erosion onto adjoining properties and grading issues. 3) The proposed project exceeds building height along the shoreline of 28’ based on improper application of the Code by the Town Zoning Administrator by using artificial grades instead of natural grades. 4) The proposed project exceeds the Floor Area Ratio for the size of building on the lot. The Zoning Administrator appears to allowing the applicant to construct the building and then make the building compliant to the Code, not having a compliant plan first and then constructing the building.   September 2009 - Waterkeeper has concerns about the inconsistent information contained in the application regarding the stormwater management and on-site wastewater treatment systems.  Regarding stormwater management, information is not consitent regrding the pre-development design calculations (utilization of impervious surfaces); post-development design calculations (incorrect impervious surface areas); incorrect infiltration rates and incorrect retention volumes.  Regarding the wastewater treatment system, two designs are submitted; percolation rates are not consistent; existing slopes are too steep for the systems proposed and separation distances to Lake George cannot be met.   DECEMBER 2009 - The Lake George Waterkeeper supported the appeal and expressed concerns about the project and felt the new Zoning Code should apply since:  1) the ownership had changed;  2) there could not have been a valid permit on the project since there had never been a wastewater treatment system; and 3) the project had changed significantly since the original submission and should be considered as a new application.  JANUARY 2011 - The Waterkeeper's previous concerns regarding the site plan, specifically the stormwater management plan and the onsite wastewater treatment system remain:  the stormwater management plan is inconsistent and the calculations do not accurately represent runoff; the plan fails to identify soil investigations; the onsite waterwater treatment system absorption bed is proposed on slopes that exceed allowable standards and a determination should be made if the system requires a variance from the Board of Health for setback to Lake George for a fill system.  APRIL 2011 - Significant concerns remain regarding the proposed onsite wastewater treatment system (absorption bed design) and compliance with Town of Queensbury and NYSDOH regulations including natural grade slopes, depth of proposed bed in relation to natural soils, pump station requirements, and variances required in addition to the lack of a revised stormwater management report.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board from October 2007,July 2009 and September 2009.  See comment letter to the Town of Queensbury Zoning Board of Appeals, December 2009.  See comment letter to the Town of Queensbury Planning Board dated January and April 2011.

Next Meeting: The Zoning Board of Appeals determined at its May 21, 2008 meeting that the applicant exceeded the building height and encroached into side yard setbacks with structural wing walls. A Stop Work Order remains in effect.  At the 7/27/09 Planning Board meeting, the applicant TABLED after a lengthy discussion and Public Hearing.  Inconsistent plans that had been submitted which needed to be revised and all materials must be received and approved by the Queensbury staff before the application is listed again on the PB agenda.  The revised application was tabled from the agenda of the September 22, 2009 Town of Queensbury Planning Board meeting.  DECEMBER 2009 - The Town of Queensbury Zoning Board of Appeals at the December 16, 2009 meeting granted the appeal of the adjoining land owner and requires the new Zoning Coe to be applied to the project on a 6-1 vote.  JANUARY 2011 - The modified application is on the Town of Queensbury January 25, 2011 Planning Board agenda and a public hearing will be held.  At the January 25, 2011 Planning Board, the applicant stated that all litigation and legal issues have been resolved on the project and the neighbors to the north and south have submitted a letter of support.  The revised project meets all Code requirements for FAR, stormwater and all staff comments have been addressed.  The Planning Board questioned the planting plan and requested it be revised to Town standards and expressed concern about the sod.  Some Planning Board members stated appreciation for the effort on resolving the noncompliances.  The application was tabled until March to address Town Engineer comments and revise the planting plan.  The Town of Queensbury Planning Board reviewed the application at the April 19, 2011 meeting.  Despite the applicant's presentation and statement that all outstanding engineering items have been satisfied, the Board determined no decision could be made on the application since the outstanding issues were engineering issues and there was no response from the Town Engineer.  The application was tabled until the April 26, 2011 meeting pending the Town Engineer review letter.  On May 16, 2011 the OWTS was approved by the Town Board of Health (based on recommendation from Dave Hatin, Building and Code Enforcement) and on May 17, 2011 the application was approved.

Putnam (Updated 7/15/08)

Project Summary: Applicant proposes the addition of 450 sf of living space, new 2-car garage and on-site wastewater treatment system at 21 Wild Turkey Lane.Planning Board review required for hard-surfacing within 50 feet of the shoreline; expansion of a non-conforming structure within a Critical Environmental Area and a major stormwater project.

Waterkeeper Perspective: The Waterkeeper recommends increased stormwater treatment with the installation of a bioretention system for the driveway. The Waterkeeper supports the applicant's proposal for the use of peat filters for wastewater treatment.

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board June 2008.

Next Meeting: The Town of Queensbury Zoning Board of Appeals granted variances for decreased separation for infiltration stormwater devices to Lake George. The Town of Queensbury Planning Board wil review the application and continue the public hearing at their August 2008 meeting.

 

Redbud Development - Brown/Bitner  (Updated 3/4/09)

Project Summary: Applicant proposes the construction of the extension of screened porch, 2-car garage, outdoor patio and reconstruction of a concrete seawall at 31 Knox Road (239.7-1-7). The proposal does include the removal of existing asphalt driveway claiming an overall reduction of impervious coverage.

An Article 78 was filed by the neighbor.  Judge ruled that the rain gardens were an infiltration device would require a variance for setback to the lake.  Applicant opted to return to the PB for removal of the rain gardens within the setback to the lake. PB was split on modifying the previously approved application with enhanced vegetative plantings or have the applicant file for a variance with the ZBA.

Waterkeeper Perspective: The Waterkeeper expresses concerns regarding the increase in impervious coverage within 100 feet of the lake; the installation of a vertical seawall that will extend below the lake elevation; management of existing stormwater runoff and the required 50% reserve area for replacement on-site wastewater treatment systems. All issues that were thought to be deficient with the initial application's approval were not addressed when discussing removal of the rain gardens.

Waterkeeper Comments: See comment letters to the Town of Queensbury Planning Board April and June 2008, and February 2009.

Next Meeting: The Planning Board approved this project at its June 24, 2008 meeting.  On March 3, 2009, the PB approved the applicant's request to remove the rain gardens from the initial application's condition for approval (with the condition that the areas where the rain gardens would be removed would be planted with 'enhanced vegetation' using native species from the Adk Plant lIst and the Town's engineer would sign off).

 

Riitano (Updated 1/14/10)

Project Summary:  Applicant has renovated his home and is seeking relief from the front and side yard setback requirements and for the expansion of a non-conforming structure located at 16 Sunset Lane (Assembly Point). 

Waterkeeper Perspective:  3 story home was built to replace a small home on 0.17 acres.  The project has received denials for variances in the past, but was built regardless (project has been ongoing since 2002 with litigation and Q staff approvals involved).

Waterkeeper Comments: Waterkeeper comment at this time fo no ZBA variance 'after-the-fact'  The Waterkeeper will provide comments for the upcoming Planning Board meeting site Plan Review.

Next Meeting: The Zoning Board of Appeals approved the setback variances but did not approve the expansion, therefore the applicant must remove the 2nd floor of his house.  Planning Board application for Jan 27, 2009 meeting was withdrawn at this time.

On January 11, 2010 the Queensbury Town Board voted 3-2 to settle a lawsuit against Joseph and Deborah Riitano brought over building code issues.  Riitano's will pay $5000 under the settlement.  As of January 14, 2010 it is not known (per Queensbury staff) whether the 2nd story of the house will be removed as well.

 

Rockhurst Wastewater Disposal District (Updated 3/24/11)

Project Summary:  The Town of Queensbury proposes the creation of the Queensbury Wastewater Management District No. 1 to serve properties located on the Rockhurst peninsula on the east shore of Lake George.  The proposed District services will be to provide a management strucutre and plan to ensure the timely inspection of individual onsite sxeptic disposal systems to detect signs of failure and/or malfunction and to optimize the systems' operating efficiencies through routine and scheduled pump-out of the systems components.  The cost of the District to the typical property, which is a one family home, will be $97.50 per year.  There is a total of 120 properties located within the district.  The District proposes a three year cycle for pumping out of septic tanks with annual inspections.  All systems will be located and inventoried the first year and information input into a data base.  Copy of the prepared Map, Plan & Report for the Rockhurst Wastewater Disposal District.   

Waterkeeper Perspective:  The Waterkeeper supports the concept of a wastewater Management District and the routine pumping of septic tanks, which the failure to do is the leading cause for septic system failure.  However, the proposed plan is not comprehensive enough to effectively reduce negative impacts to Lake George.  The Plan should have a detailed ordinance which will provide information regarding the Responsible Managemen Entity for the District, where it will be operated in the Town, references for design standards encouraging the implementation of enhanced treatment technologies, provide definition for failed and substandard systems and required remedial action, require septic inspections at the time of property transfer, provide job descriptions for required personnel and evaluate the impact of large tank sizes on the operating budget.

Waterkeeper Comments: See Waterkeeper comments to the Town of Queensbury Town Board, March 2011.

Next Meeting: The Queensbury Town Board scheduled a public hearing on the proposed Wastewater Disposal District on Wednesday, March 23, 2011 at 7:00PM at the North Queensbury Firehouse.  At the Public Hearing, the majority of public comments supported the concept of the management district but concern was expressed about the whether the science supported the need, the general feeling of the residents that the town had to put in regulations to make them do something they are already doing (pumping their septic tanks), over the costs and the need to have a public hearing during the summer when more resdients are present.  The Town Board decided to leave the public hearing open, reevaluate the proposed plan and heold another hearing closer to summer.  

 

Salomon (see Provident Batavia, LLC 9/09)

 San Souci (Updated 9/21/12)

Project Summary: Applicant has requested a variance to replace the existing on-site wastewater treatment system with series of holding tanks.  The restaurant is located at 333 Cleverdale Road.  The restaurant capacity is 105 seats.  The estimated design wastewater flow was 3,150 based on 2.5 times the NYSDEC standard of 15 gal/day/seat.  (3) 2,000 gallons tanks are proposed with two stage alarm - first being a 90% volume indicator and the second being a water shut-off for overflow conditions.  The tanks are proposed to be installed in the parking area.  The applicant stated there was no planned expansion to the capacity of the restaurant.  The project required a variance for expansion to a nonconforming structure, Floor Area Ratio, side yard setbacks, permeability requirements and parking requirements.  The project required a Site Plan Review for the expansion of a Special Use Permit from the Planning Board.  The project received a sign-off from the Town Engineer.  The applicant stated the grease from the facility is recycled and barrels are provided outside.  The applicant will install fencing along the property to the south as line with arborvitea and 2 decidious trees.

AV26-2012 - Applicant proposes site modification to previously approved Area Variance (AV 38-2009) and Special Use Permit (SUP 45-2009) and seeks relief from side setback, expansion of a nonconforming structure and fencing requirements.  The applicant is seeking an after-the-fact variance for a side yard setback (20 ft required, 12.85 ft.) and allow fencing in the front yard setback.  The application has received variances for side yard setback (north) - 20 ft required, 9.2 exists; parking - 32 reqired, 16 provided; permeability - 75% required, 31.5% exists; FAR - 0.22 required, 0.38 exists; and front setback (east) - 30 ft required, 24 ft. exists.  The applicant proposes an outdoor patio with 4 tables (8 seats per table), which will put the seat total to 94 (105 seat capacity).  The applicant is proposing permeable grass pavers along the southern property line in parking areas to increase permeability as well as permeable crushed stone parking along Cleverdale Rd.  The applicant is also proposing 3 arborvitae shrubs in a depressed planting bed at the south western corner.  The applicant will require approvals from the Zoning Board of Appeals and the Planning Board.  Once variances are received, the applicant will be required to renew and modify the existing Special Use Permit with the Town of Queensbury Planning Board.

Waterkeeper Perspective: The Waterkeeper supported the replacement of the existing on-site wastewater treatment system with holding tanks.  There was concern about the potential impacts from grease on the alarm system and it a grease trap would be required.  There was also a question on where the collected effluent will be disposed.  Additional concerns included compliance with the NYSDEC Design Standards for Wastewater Treatment Systems within the Lake George Watershed, whether a SPDES permit would be required (which the applicant's agent stated actual flows have been metered and determined to be 450 gpd) and additional vegetative planting on site to improve infiltration.

V26-2012 - The Waterkeeper is concerned about the applicant's failure to comply with the stormwater management plan for the previous approvals; the after-the-fact expansion will increase the undersized parking; tree plantin should be proposed for stormwater management benefits; stormwater managemet should beincreased and soil restoration should be provided in paver areas. 

SUP 37-2012 - The Waterkeeper expressed concern about the extended delay in the installation of the replacement wastewater treatment system (holding tanks) to replace the failing existing system, which requires constant oversight and maintenance.

Waterkeeper Comments: The Waterkeeper provided verbal comments at the June 15, 2009 Town of Queensbury Board of Health public meeting.  The Waterkeeper submitted comments to the Town of Queensbury Zoning Bord of Appeals for the July 22, 2009 Zoning Board meeting, see July 2009.   

AV26-2012 - The Waterkeepe submitted comments to the Town of Queensbury Zoning Board of Appeals, see May and June 2012.  

SUP 37-2012 - The Waterkeeper submitted comments to the Town of Queensbury Planning Board, see August 2012.  

Next Meeting: The Town of Queensbury Board of Health held a public hearing on the variance application on June 15, 2009 and approved the application that evening.  The Town of Queensbury Zoning Board of Appeals granted all variances at the July 22, 2009 Zoning Board of Appeals meeting based on improvement to septic system, stormwater improvements and change in zoning regulations.  The Town of Queensbury Planning Board approved the Site Plan at their August 25, 2009 Planning Board meeting. 

AV26-2012 - The Town of Queensbury Zoning Board of Appeals will hear the area variance application at the May 16, 2012 meeting. Planning staff raised question regarding the permeability amounts due to the permeable pavers and the application was tabled.  Zoning Board of Appeals members commented on the lack of progress of completing the previous project and the lack of stormwater management and vegetation on site.  The application was tabled until the June 20, 2012 Zoning Board of Appeals meeting.  At the June 20, 2012 meeting, it was determined a variance was not required for the permeability due to the extent of the pervious paving proposed and the fact that it was considered as 50% permeable.   The was discussion regarding the construction schedule for the project and concern about the septic system and replacement with holding tanks.  The applicant claims they are monitoring the septic system routinely.  The ZBA granted the variances based on the construction schedule submitted by the applicant which proposed installation of the grass pavers by 11/30/12 and the holding tanks by 11/30/14.

SUP 37-2012 - The Town of Queensbury Planning Board reviewed the application for a modified and renewal of the Special Use Permit for the San Souci at their August 21, 2012 meeting.  The Planning Board expressed concern about the delay in the installation of the replacement septic system and felt this should be a priority of the applicant.  The Planning Board was going to grant the SUP with a condition that the septic system be installed by 11/30/12.  The applicant was not present and the applicant's agent requested to table the application until September 18, 2012.  At the September 18, 2012 meeting, the applicant stated the earliest date he could start construction on the replacement septic system is November 2013.  After much discussion, the Planning Board voted to deny the Special Use Permit modification 4-3.

 

Seaboyer (Updated 3/26/10)

Project Summary:  Applicant proposes changes to previously approved stormwater plan and approved site plan (after the fact).  SFD was constructed within  35 ft of Lake George at 83 Rockhurst Rd (227.13-2-36).  Variance required for infiltration devices within 100 ft of shoreline of Lake George and floor area ratio (FAR) at 37%, 22% allowed. 

Waterkeeper Perspective:   The Waterkeeper questioned the installation of flower gardens on the shoreline in lieu of an enhanced buffer (which had been conditioned with original Planning Board approvals), including vegetation throughout (replacing existing lawn).  The installed rain garden was lined with river stone instead of amended soils, which are necessary to appropriately infiltrate and treat stormwater on the clay soils present.  In addition, restriction of fertilizers and pesticides are recommended.

Waterkeeper Comments:  The Waterkeeper provided verbal comments at the Public Hearing on February 17, 2010 ZBA meeting.    See comment letter to the Town of Queensbury Planning Board February 2010.

Next Meeting:  ZBA conditioned their variance approval with the planting of large trees (not white birches) near the road (Rockhurst) and the shoreline (as well as in between neighbors houses) as well as significant vegetative plantings were required.  The Planning Board tabled the application because the applicant had not accurately completed the ZBA conditions of variance approvals in the submitted planting plan.  They are on the 4/20/10 PB agenda.

 

Severance (Updated 3/4/09)

Project Summary:  Applicant has construction underway for a 2360 sq ft single family dwelling.  Hard surfacing within 50 ft of a wetland and development within 100 feet of a wetland at 7 Fox Rd (266.1-1-20).  Variance required from Consolidated Board of Health for setback from wetland to on-site wastewater treatment system.  The applicant cleared into and filled wetlands that had not been indicated on original subdivision plan (from 1970) or on site plans.  Involvement of Adirondack Park Agency (APA) after the fact agreed that applicant would remove all fill from wetlands, replant with specific grass mix and recreate the natural buffer.  A mound septic system will be installed on clay soils with a 1250 gal septic tank.

Waterkeeper Perspective:  The wetlands should be added to the Town of Queensbury data base for future reference.  Concern about the construction in close proximnity to the wetlands and the need to provide a buffer.  In addition, the proposed stormwater management system should be incorporated into a rain garden with native plantings. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board February 2009.

Next Meeting: The Consolidated Board of Health granted a variance for on-site wastewater treatment system setbakc to the wetlands in February 2009.  The Zoning Bord of Appeals granted a variance for building setback to wetlands in February 25, 2009.  The Planning Board approved this project at its March 3, 2009 meeting with the following conditions:  No fertilizer use near wetland, grass would not be planted abutting wetland, stabilization plans to be submitted, corrected septic tank size and test pits denoted on site plan and an evergreen screening would be provided for one side of the Wisconsin mound and Town engineer signs off.

 

Shafer (Updated 6/22/09)

Project Summary:  Applicant proposes a 400 sf freestanding garage in the northeast corner of the parcel at 21 Hanneford Rd. (240.06-1-18).  Variances are requested for the minimum front and side setback requirements.  The garage would be located off the existing gravel parking area.  The Zoning Board of Appeals inquired about stormwater runoff and tree removal.

Waterkeeper Perspective:  The Waterkeeper requested a condition requiring the installation of stormwater management for the structure since none were present on the lot and it is located above Lake George.

Waterkeeper Comments: See Comment letter to the Town of Queensbury Zoning Board of Appeals June 2009.

Next Meeting: The Zoning Board of Appeals approved the setback variances with a condition stormwater management be installed at their June 17, 2009 meeting.

 

Shine/Cleveland (Updated 5/20/11)

Project Summary:  Applicant proposes removal of existing 538 sf camp and the construction of a new 1900 sf, 2 bedroom single family dwelling with new septic system and stormwater management controls located on a 0.21 ac parcel at 90 Rockhurst Rd. (227.13-2-30).  The property is located in the WR Zoning District and designated Moderate Intensity (Adirondack Park Land Use Map).  The project proposed an Eljen treatment system sized for 3 bedrooms.  The onsite wastewater treatment system required variances for separation for the absorption field to the front property line (7.5' instead of 10') and to the foundation (17.35' instead of 20').  The project proposes to disturb 70% of the site and remove most of the vegetation.  The project does not propose to disturb within 30 feet of the shoreline.  Stormwater management is proposed with a shallow basin/rain garden sized to manage the runoff from the entire site.  The basin is located within 50 feet of Lake George. 

Waterkeeper Perspective:  The Waterkeeper had concerns about the fast percolation rates for the septic system and recommended installing soils with slower percolation rates for the fill required.  For the site plan review, the Waterkeeper expressed concern about the need to amend the soils for the rain garden to improve treatment, the need for a shoreline buffer, clarification on stormwater conveyance to the basin and delineate the vegetation to be removed.

Waterkeeper Comments: See Comment letter to the Town of Queensbury Planning Board, March 2011.  Additional verbal comments at the May PB meeting encourage supplementing the shoreline with additional vegetation, the fact that many large trees were being removed and replaced on the north side with only two yellow birch and arbovitaes.  LID could have been an option that may have reduced the need to completely grade (flatten) the site and remove all of the existing vegetation. Buffer on site plan is apprx 4 ft wide and could be expanded and supplemented with additional palntings.  Rain gardens have 6 shrubs and iris and non-native rug junipers throughout.  Orange snow fences to delineate 'no disturbance'.

Next Meeting: The Queensbury Town Board held a public hearing on the proposed variances for the onsite wastewater treatment system on February 7, 2011.  The Town Board approved the variances unanimously.  The application was reviewed for Site Plan review by the Town of Queensbury Planning Board at the March 22, 2011 Planning Board meeting.  The Planning Board expressed concern about the extent of disturbance, removal of vegetation, lack of shoreline buffer and concerns for amending soils.  The application was tabled requesting additional information: 1) provide decommission plans for the existing septic system, 2) Provide shoreline buffering, 3) Provide information for construction waste and storage on site, 4) Address Engineering comments, 5) Add tree planting to the northern property line with larger basal area, and 6) Address amending the soils in stormwater management area.  The project was tabled until May 17, 2011. At the May 17 PB meeting, several PB members discussed additional shoreline buffering, but the motion was made and the only condition of approval was that the applicant will satisfy the engineering comments and sign off.  One PB member obstained form the vote. 

 

Shishik (Updated 3/26/09)

Project Summary: Applicant proposes demolition of existing 1,190sf structure with a 218 sf porch and construction of 1,317 sf single family dwelling with a 378 sf porch on a 0.09 acre parcel.  The property is located at 325 Cleverdale Road in the WR-1A Zoning District.  Variance is required from front yard setback, side yard setback and Floor Area Ration requirements.  The project proposed the construction of a new on-site wastewater treatment system (OWTS) and stormwater management.  At the February 18, 2009 Zoning Board of Appeals meeting, the Board expressed concern about the size of the proposed building and that it was not in character with the neighborhood, especially on such a small lot.  The applicant revised the propoed with reducing the width of the structure as well as the size of the second floor by utilizing knee walls and dormers.

Waterkeeper Perspective: The Waterkeeper expressed concern about the size of the FAR variance request and felt the proposal was excessive for the size of the lot and suggested there should be no impervious coverage increase on a 0.09 acre lot.  In addition, the project should incorporate rain gardens and bioinfiltration to reduce stormwater runoff.  The Waterkeeperr also expressed concern about the proposed septic design, whether a pump would be required and if there were variances required for setback to the foundation for septic tank and absorption field.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals from  February 2009 and a comment letter to the Town of Queensbury Building and Codes Department in March 2009.

Next Meeting: The Zoning Board of Appeals tabled the application at their February 18, 2009 meeting requesting the applicant to reduce the size of the requested building.  The Zoning Board unanimously approved the variances for the revised proposal at their March 25, 2009 meeting based on the revised plan being more incharacter with the neighborhood, the difficulty with the undersized lot and the right to have a similiar building on the pre-existing lot.

 

Spath (Updated 1/25/11)

Project Summary: Applicant proposes renovations to an existing single family house including the construction of a 167 sf deck, replace the foundation wall and increase the height in the basement resultin in modifications to the roof line at 56 Russell Harris Road (240.5-1-9).  The project is located in the WR Zoning District.  Variance requests for shoreline and side yard setbacks and relief for expansion of a nonconforming structure.  The existing dwelling is a 2 bedroom house with an aging septic system consisting of a 375 gallon septic tanks and 125 gallon leach tank.  The applicant states there is a perimeter eave trench for stormwater management.  The applicant states the existing septic system has functioned properly without failure for years.  The proposed project is consistent with the neighborhood.  The applicant stated no trees will be removed with the project and plans to plant more trees.  At the January 20, 2011 Planning Board meeting, the applicant provided information regarding the septic system - dye testing was performed by IBS Septic and water was flushed through the system for an hour and no failures were evident.  There was no visual inspection of the septic system components. 

Waterkeeper Perspective: The Waterkeeper expressed concern about the noncompliant onsite wastewater treatment (septic system); protection and verification of stormwater management; enhancing the existing shoreline vegetation and banning the use of fertilizers and pesticides.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals December 2010. See comment letter to the Town of Queensbury Planning Board January 2011. 

Next Meeting: The Queensbury Planning Board recommended an approval to the Zoning Board of Appeals at their December 16, 2010 meeting for the request variances with the following concerns:  environmental soundness of the septic system and protection of existing vegetation.  The Queensbury Zoning Board of Appeals reviewed the requested variances at their December 22, 2010 meeting.  The Zoning Board felt the variance request was consistent with the neighborhood and was not substaintial but expressed concern about the septic system.  The Zoning Board approved the variance.  The Planning Board reviews the Site Plan Review application at their January 18, 2011 Planning Board meeting.  At the rescheduled meeting held on January 20, 2011, the Planning Board accepted the dye test without visual inspection and did not require additional shoreline planting.  The Town of Queensbury Planning Board approved the site plan without conditions.

 Takundewide - Lucas & Mason & Kristel (Updated 9/18/09)

Project Summary: Both applicants propose the demolition and rebuild of existing 780 sq ft single story residences and construct in its place a 1515 sq ft two story residence at 6 & 7 Onondaga Drive, Takundewide. 

In May 2009, applicant Stephen Mason proposed the demolition of the existing 768 sf dwelling on Lot 2 and construct a 2-story 1,533 sf single family dwelling at 2 Seneca Drive (239.8-1-23).  Variances were required for relief from the minimum side, rear and shoreline setback requirements and maximum Floor Area Ration requirements.  Applicant proposes to connect to the new community wastewater treatment system, which is completed and operational.

In July 2009, applicant Kristel proposed a 766 sf, second floor addition to the existing camp on Lot 17, 17 Cayuga Drive (239.8-1-38).  Variance requested for setback requirements and expansion to a nonconforming structure.  The applicant installed a new on-site wastewater treatment system in 2007 and proposed to utilize the new system and not connect to the new community system.  Zoning Board Chairman stated although applicant does not live on waterfront, HomeOwners Association needs to address establishing a more substantive shoreline buffer.  At the Planning Board meeting, the applicant stated the project would have a minimal, if any, impact on Lake George and the Planning Board stated there was not concern about runoff becasue there was "alot of green between the lake and the house".   

Waterkeeper Perspective: The Waterkeeper felt that although the original Town of Queensbury Memorandum of Understanding in September 2003 to the Takundewide Homeowners Association permitted expansion of single family dwellings in the future by utilizing the 'common area' in the Floor Area Ratio (FAR) calculaiton,   This HOA MOU should not supercede Queensbury code when the effects of overdevelopment on the shoreline impact water quality.   These two proposed rebuilds will be hooked to the new community wastewater treatment system (OWTS) and should not be constructed until the OWTS has been constructed.  The Waterkeeper recommended that both properties to be approved with condition that planting of a shoreline buffers woukld be required.

Comments for the May 27, 2009 Zoning Board of Appeals meeting were similiar to the previous comments for Lots 6 & 7 but added the request for the requirement for stormwater management pursuant to 179-14-020 where the Zoning Board of Appeals may place conditions of approval similiar to site plan review.

Comments for the Kristell application focused on the recognized runoff problems existing on Hillman Drive and the need for stormwater management for the proposed expansion since none exist.  Additional shoreline vegetation buffering should be required.

Waterkeeper Comments: See comment letters to the Town of Queensbury Zoning Board of Appeals from Lucas December; Mason December 2008 and Mason May 2009.  Regarding Kristel, see comments to the Town of Queensbury Zoning Board of Appeals, July 2009 and to the Town of Queensbury Planning Board, August 2009.

Next Meeting: The Zoning Board of Appeals approved both SFD as presented, stating that the new septic system would reduce the algae blooms ithat were identiifed in the lake just off these properties.  HOA manager stated that he does fertilize and use No 'P' fertilizer once/year and a weed kill everyother year.  Noted by the Waterkeeper that this action and the noted fertilizing by the neighbors are feeding the algae seen in the lake.

The Zoning Board of Appeals approved the May 2009 Mason variance request stating they had place special conditions on the application requiring the construction of the community wastewater treatment system.  The HOA manager stated they apply only lake friendly chemicals, the existing retaining wall along the shore will prevent runoff from entering the lake, a silt fence will be installed and the disturbance will not the too great.  The ZBA chairman stated the site is very open and the HOA should consider what they can do to make things better and make the shoreline more natural.

The Town of Queensbury Zoning Bord of Appeals granted the Kristel variance at the July 22, 2009 meeting.  The Town of Queensbury Planning Board approved the site plan at the August 25, 2009 Planning Board meeting with some discussion if the house becomes year round residence, it must connect to the community wastewater treatment system.  

 

Tully (Updated 5/17/12)

Project Summary: Applicant proposes continuation of operation of a Class A Marina of the berthing of three (3) vessels located at 167 Assembly Point Road (239.7-1-32).  The project is located in the Waterfront Residential District and is designated as Moderate Intensity on the Adirondack Park Land Use and Development Map.  The property has existed as a Class A Marina renting 2 slips since 1984 by the applicant's aunt.  Bathroom facilities were provided in the existing dwelling on the property.  The applicant proposes to increase the number of rental slips from 2 to 3.  The project required a Special Use Permit from the Town of Queensbury Planning Board and a Marina Permit from the Lake George Park Commission. 

Waterkeeper Perspective: The Waterkeeper expressed concern about the need to evaluate and certify the existing onsite waterwater treatment system and provide stormwater management for the existing impervious cover.

Waterkeeper Comments: See comment letters to the Town of Queensbury Planning Board March 2012.

Next Meeting: The Town of Queensbury Planning Board meeting on March 27, 2012 discussed the application.  The Planning Board inquired about the onsite wastewater treatment system and determined there would be no increase in use and therefore was acceptable.  The Planning Board granted the Special Use Permit.  The Lake George Park Commission reviewed the Marina Permit at the April 24, 2012 meeting.  The LGPC inquired about the OWTS since no evaluation was submitted with the application.  The applicant stated it was serviced in the past year and some repairs were made.  LGPC expressed concern about the increase in the number of rental slips and potential impacts in a residential district.  The LGPC granted the Marina Permit with conditions:  1) Limit the number of rental slips to 2; 2) Hours of operation 6am-9pm; and, 3) Inpect and certify the OWTS. 

 

Unrein (Updated 5/20/11)

Project Summary: Applicant proposes to remove existing hardsurfacing patio, retaining walls and walkways along the shoreline and replace with permeable surfacing, plantings and new retaining walls.  Replacement of an upland retaining wall and hard surfacing within 50 feet of shoreline in a WR zone requires Planning Board review and approval.

Waterkeeper Perspective: The Waterkeeper has documented algal blooms off this and adjacent properties and supports the use of permeable pavers to replace exisitng asphalt and concrete.  Other issues on this site should be discussed by the Planning Board before final site plan approval, specifically the location and order of project sequence for the replacement of the onsite wastewater treatment system (OWTS).  "Replacement of OWTS" is noted in the application but no details have been submitted.  Two single family dwellings are located on this 0.37 acre lot.  With very little open space (two SFDs, driveway, patios and walkways cover most of the site), the location of the OWTS should have been included on the submitted site map, but was not.  Proposed shoreline buffer plantings should be enhanced with the amount of impervious coverage on the lot (46% currently).  The use of rain gardens to infiltrate and treat stormwater on this property should be conditioned.
May 2011:  the applicant revised their proposed site plan, expanding the width of their shoreline buffer and supplementing with additional plantings.  Exisiting vegetation will remain (no disturbance), a compliant OWTS will be designed and installed, rain gardens will be used for stormwater management and the applicant has labeled their Landscape Plan with a note stating that the use of all fertilizers and pesticides on lawn and garden will be prohibited.  The Waterkeeper supports the applicant's initiative to proactively install measures on their property to "restore and protect the lwater quality" (as stated by one PB member after the Waterkeeper's verbal comments). 

Waterkeeper Comments: See comment letters to the Town of Queensbury Planning Board March and May 2011.

Next Meeting: The Town of Queensbury Planning Board meeting on March 24, 2011 discussed the application and tabled it until the May 17, 2011 PB meeting with the following requirements: 1) all pavers must be permeable and therefore documented as such; 2) landscape plans must replace invasive plant species with native comparables; 3) notation on site plan that no fertilizers will be used on the property; 4) address engineering comments; and  5) address open items in the staff notes.  The applicant satisfied these requirements and at the May 17, 2011 PB meeting the application was approved without conditions.

 

White (Updated 11/02/09)

Project Summary: Applicant proposes expanding an existing non-comforming detached structure in conjunction with proposed renovations and expansion of existing residence located at 104 Seelye Road (227.17-2-9).  The property is located in the WR Zoning District.  Variance is required for the expansion of a non-conforming structure  and for building height.  Expansion of a non-conforming structure in a CEA requires Site Plan Review and approval.  The site is served by an existing on-site wastewater treatment system (OWTS).  The proposed expansion to the existing residence is to add a mudroom, enclosed an existing porch and reconfigure rooms and will result in a decrease in bedroom space.  Therefore, there will be no impact on the existing OWTS but no information was submitted on the status of the system.  The expansion of the detached structure will add a third bay to the existing garage with storage area on the second floor.  The project includes the installation of stormwater management (infiltration/eave trenches) for the garage and the residence addition. 

Waterkeeper Perspective: The Waterkeeper inquired about the condition and location of the existing OWTS and if it would be impacted by construction activities.  

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board  October 2009.

Next Meeting: The Town of Queensbury Zoning Board of Appeals approved the variance at their October 21, 2009 meeting.  The Town of Queensbury Planning Board approved the Site Plan Review at their October 27, 2009 meeting with the condition the portable garage and storage unit on site will be removed.

 

West_Davies (Updated 5/20/11)

Project Summary:  Applicant proposes alteration renovation and a 441 sq ft expansion of an existing single family residence including replacement waste water system for a four bedroom house at 12 Joshua's Rock Rd.  Expansion of a nonconforming structure in a CEA requires Planning Board review and approval.  Area Variance Relief requested for set back, height and expansion of anonconforming structure in a CEA .  Planning Board to provide a written recommendation to the Zoning Board of Appeals.

Waterkeeper Perspective: The Waterkeeper is concerned about current erosion from property into Lake Geroge.  A shoreline buffer and a major stormwater management plan should be required. 

Waterkeeper Comments: See comment letter to the Town of Queensbury Planning Board May 2011 and Town of Queensbury Zoning Board of Appeals May 2011.  

Next Meeting: The Town of Queensbury Planning Board discussed the National Historical Landmark designation and changes to the existing structure, and recommended the project to ZBA.  Applicant asked PB for all of their concerns up front, as they wish to expedite the entire project for this season.  The Waterkeeper letter was not distributed to the PB, therefore the issue of no exisitng shoreline buffer (and none proposed) and no proposed stormwater management on the entire project was not discussed.  Waterkeeper letter forwarded to ZBA with these concerns in hopes that they would apply conditions with the variance.

 

Wilcox/Zeldin (Updated 5/17/12)

Project Summary: Applicant proposes a 3,300 sf +/- expansion to existing 1,740 sf single family dwelling to include a second garage located at 26 Forest Road on Assembly Point (226.19-1-42).  The property is located in the Waterfront Residential District and is designated Moderate Intensity Use on the Adirondack Park Land Use and Development Map.  The project requires area variances for:  relief from FAR - 22% required, 27% proposed; and a second garage.  The existing dwelling has a onsite wastewater treatment system that is sized for 4 bedrooms and total of 3 bedrooms are proposed (not including a proposed library).  The existing on-site well will be relocated with a new drilled and cased well.  The project proposes a stormwater management basin but no information is provided. 

Waterkeeper Perspective: The Waterkeeper feels the variance requests are substantial and the applicant should consider alternatives to reduce the request.  In addition, the Waterkeeper recommends information regarding tree protection, requiring stormwater management or all impervious surfaces includig existing, Site Plan Review by the Planning Board and restriction on fertilizers and pesticides.

Waterkeeper Comments: See comment letter to the Town of Queensbury Zoning Board of Appeals May 2012.

Next Meeting: The Town of Queensbury Zoning Board of Appeals is scheduled to review the variances at the May 16, 2012 meeting. At the meeting, the applicant stated a total of 3 trees would be removed for the project within the building envelope.  Questions were asked by ZBA members about the restrictions of the Shore Colony development about setback to the road and building height, which the ZBA does not have jurisdiction over.  The ZBA felt the requested variances were too much and the building size should be reduced.  The application was tabled until July 2012.


Lake George Waterkeeper
P.O. Box 591, Lake George, NY 12845
518.668.5913 | FAX 518.668.5915
© 2008 - 2013 The Fund For Lake George
P.O. Box 352, Lake George, NY 12845
518.668-9700 | Fax 518.668-5915

Photos of Lake George generously provided by Carl Heilman. These images may not be saved and are protected by copyright.
For more information please visit www.carlheilman.com

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