JERSEN

Last Updated On:

Friday, November 30, 2012

Project Summary

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

Waterkeeper Perspective

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

Waterkeeper Comments

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

Next Meeting

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

Related Town

Waterkeeper Comments Document

Project Address

2081 Camp Andrews Way
Fort Ann, NY 12827