BERKOWITZ

Last Updated On:

Wednesday, June 20, 2012

Project Summary

Applicant proposes the construction of a 2-car garage/second story living area to be attached to an existing single family dwelling located at 17 Congers Point South (171.19-2-5).  The property is located in the GB5000 Zoning District and is designated Hamlet on the Adirondack Park Land Use and Development Plan.  The applicant requests variances for the garage:  Front yard setback - 30 is required and 1' is proposed; for the proposed retaining wall: Front yard setback - 30' is required and -5' is proposed; side yard setback - 8' is required and 1' is proposed and to allow a 10'x9.6' shed to remain within the front yard setback - 30' is required and 15' is proposed.  The application was first heard in August 2010 and the Town of Bolton Zoning Board of Appeals had questions about the grade differntial on the property and the need for stormwater management.  The applicant returned in August 2011 and revised the garage location and added a 5 foot retaining wall.  The revised plan also included a stormwater management plan for the addition.  October 2011  -  The applicant modified the site plan for a detached garage located along the south property line that revised the variances requested:  1) Front yard setback - 30' reuired, 4.06' requested;  2) Alter a pe-existing non-conforming dwelling, specifically to add a two story addition; and 3) Allow a 10.10'x9.6' storage shed to remain, seeks area variance for deficient setbacks Front 30' required, 15' proposed and Side yard - 8' minimum required, 1.9' requested.  The applicant claims the relocation of the gagrage will not remove trees and remove the retaining wall structure required with the previous proposal.   JUNE 2012 - The applicant revised the site plan to relocate the garage to the northwest of the house off Congers Road.  The garage will be a single story structure with a 20' long driveway.  A two-story addition with a mud room will be added to the main house and be connected to the garage with a small deck.  Stormwater management is proposed for the garage and building addition and a rain garden is proposed for the southern side.   

Waterkeeper Perspective

The Waterkeeper expressed concern about stormwater management on the August 2010 submission.  Concerns remained about the revised submission including: incomplete information and detail regarding the proposed stormwater management plan; recommendation to reduce the overall proposed site imperviousness to pre-project levels; and a recommendation for stormwater management for the existing dwelling.   JUNE 2012 - The Waterkeeper supports the variance requests and the effort of the applicant to reduce the size of the project and impacts.  The Waterkeeper recommends removal of impervious surface by reducing the length of the existing driveway in the area of the proposed garage.  

Waterkeeper Comments

See comment letter to the Town of Bolton Zoning Board of Appeals August 2010 & August 2011 and October 2011 and June 2012

Next Meeting

The Town of Bolton Zoning Board of Appeals heard the application at their August 17, 2010 meeting and expressed concerns about the grade differential on the site and whether the garage was constructable.  In addition, the ZBA requested a stormwater management plan.  A revised plan was reviewed by the ZBA at their August 16, 2011 meeting.  The Board expressed concerns about the size of the structure and the retaining wall required and felt the disturbance was excessive.  The Board tabled the application and requested the applicant to present alternatives to reduce the disturbance; obtain a support letter from the Congers Point HOA (the HOA stated there were too many outstanding items to supportr the project); locate existing treres on site and provide additional stormwater management plans to treat runoff from the existing dwelling.  At the October 18, 2011 Zoning Board meeting, several neighbors expressed concerns includin neighbors to the west, who provided appraisal information on impacts to their property.  Zoning Board members expressed concern about the impact to neighbors property, stormwater management and grading as well as consideration of eliminating the second floor over garage.  The Zoning Board of Appeals tabled the application requesting additional information - Grading Plan, Stormwater Plan and view assessment.   The Zoning Board of Appeals reviewed the revised plan at their June 19, 2012 meeting and supported the changes plans.  The variances were granted, 7-0, with condtions: 1) Provide a fene during construction to protect neighbors property stating the applicant had reviewed numerous alteratives, reduced impacts by reducing impervious cover and installing stormwater management. 

Related Town

Waterkeeper Comments Document

Project Address

17 Congers Point South
Bolton Landing, NY 12814