Town of Bolton Project Review

Town of Bolton
4949 Lakeshore Drive
PO Box 355
Bolton Landing, NY 12814

Town of Bolton Planning Board information
Town of Bolton Zoning Board of Appeal information
Planning and Zoning Office 518-644-2893 / fax 644-2476

Town of Bolton Topics of Interest

BAILEY (UPDATED 12/2/09)

BELL POINT SHORES SUBDIVISION (UPDATED 12/22/09)
Bennett / Turner (Updated 7/21/10)
BIVONA (UPDATED 9/18/09)
CAMP WALDEN  (UPDATED 9/18/09)
CANTRELL  (UPDATED 6/25/10)
CLAIRVIEW SUBDIVISION  (UPDATED 7/23/09)
CLARKE (UPDATED 9/16/09)
COBBLESTONE_SUBDIVISION  (UPDATED 8/25/08)
DANIELS  (UPDATED 5/5/10)
DJMD BOLTON NY, LLC (UPDATED 9/18/09)
DIAMOND RIDGE SUBDIVISION (UPDATED 11/25/08)

DREPS (UPDATED 7/23/10)
DRIESSEN (UPDATED 11/24/09)

FINKLE BROOK DREDGING (UPDATED 5/5/10)
GALLO (UPDATED 9/17/08)
HERRMAN (UPDATED 8/18/09)
HOFFMAN-SMITH (UPDATED 11/24/09)
INDIAN POND ESTATES (UPDATED 9/26/08)
JACKSON  (UPDATED 7/23/09)
KING  (UPDATED 9/26/08)
KOLLAR  (UPDATED 7/23/09)
LAKE RIDGE SUBDIVISION LOTS 5&6  (UPDATED 11/2/09)
KOLVEK  (UPDATED 2/9/09)
KUDLACK  (UPDATED 12/23/09)
LYNCH  (UPDATED 3/19/09)
McPARTLON  (UPDATED 12/23/09)
MJ REAL ESTATE HOLDINGS, LLC (UPDATED 6/25/10)
MOUNTAIN_AIRE_MANAGEMENT (UPDATED 9/16/09)
MYERS  (UPDATED 11/2/09)
NOLAN  (UPDATED 6/17/09)
OBERER  (UPDATED 5/20/10)
ORMSBY (UPDATED 8/26/08)
PAINTER  (UPDATED 7/15/08)
PARROTTA  (UPDATED 2/16/10)
PEPPER (UPDATED 12/23/09)
RIEDINGER (UPDATED 2/27/09)
ROCKWELL (UPDATED 12/2/09) 
RODEN (UPDATED 3/18/09)
RUFFOLO  (UPDATED 1/28/09)
SADDLEBROOK (UPDATED 1/28/09)
SALAMONE (UPDATED 11/24/09)
SENESE (UPDATED 6/17/09)
SHELLI (UPDATED 6/17/09)
SIMONSON (UPDATED 11/2/09)
SISCA (UPDATED 12/2/09)
SPERANZA (UPDATED 7/23/09)
STROH (UPDATED 9/18/09)
TWIN BAY VILLAGE (REVISED PLAN - DATED 9/16/09)
VETRI - LAKE RIDGE SUBDIVISION LOT 2 (UPDATED 8/24/10) 

WATERHOUSE - NORTH BOLTON ROAD (UPDATED 6/25/10)
WATERHOUSE  (UPDATED 1/28/09)

BAILEY (UPDATED 12/2/09)

Project Summary:  V09-53 BAILEY JR., HOWARD & NANCY,  Represented by Atty. Stefanie DiLallo Bitter.  For a proposed two lot subdivision, seek area variance for deficient 1) Lot Size: 2.6 acres is required, .42 acres is proposed for Lot 1 and .04 acres is proposed for Lot 2; 2) Lot Width: 125’ is required,  35’ is proposed for Lot 2; 3)  Lot Depth:  150’ is required, 47’ is proposed for Lot 2; 4) Lot Coverage: 15% allowed,  49.9%  is proposed on Lot 2; and 5) Rear Setback:  20’ is required, 7.9’ is proposed on Lot 2.  Section 200.14, Block 1, Lot 16, Zone RM1.3.  Property Location: 14 South Beach Avenue.  Subject to WCPB and APA review.

Waterkeeper Perspective: The Waterkeeper considered the submitted application as incomplete because the onsite waste water treatment system (OWTS) and the well had not been identified.  Information for the existing systems was located in the Town's master files only, and it too was not complete or accurate.  In addition, no off street parking had been located for the new subdivided lot.  The lot prior to subdivision is non-conforming (1.3 acres required per SFD / 0.42 exists for 2 SFDs) and maximizing density on the shorleine should not be permitted.  This parcel should not be further subdivided.   

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning board of Appeals November 2009.

Next Meeting: The applicant tabled the application and chose to use the meeting opportunity as a 'workshop' to discuss the application with the Zoning Board of Appeals.  New information will be presented by 12/1/09 for the 12/15/09 ZBA meeting.

Project Summary: Applicant seeks 1) to modify stormwater damage on lake access road from cul-de-sac to beach lot, 2) modify stormwater management on beach lot and 3) modify conditions of approval for the subdivision, specifically to eliminate the toilet in the utility building on the waterfront common lot and eliminate the requirement that Old Bell Point Road be maintained as passable.  Bell Point Shores subdivision (SD93-04) was approved by the Town of Bolton Planning Board on May 26, 1994 and is located in the RCM1.3 Zoning District (156.16-1-1.1&3).  There has been inadequate stormwater controls on the beach access road and erosion and sedimentation has occured.  The applicant's engineer proposes three small infiltration basins to minimize runoff and proposes to regrade the road to redirect surface runoff.  The Town Engineer has signed off on the proposed stormwater management plan.  The applicant feels the current use patterns of the waterfront property by HOA members does not require toilet facilities and may result in the facility being used by non members coming off the lake.  The applicant's attorney claims the original approval conditions should not have required the HOA to maintain Old Bell Point Shores Road, simply should have granted just the right-of-way.  The attorney claims the municipality can only require maintenance on a right-of-way if there is a public need and this is not the case - the road is not needed for fire access;  is questionable foor fire access and adjoining land owners have access on Norwood Drive, the subdivision road.  At the December 2009 public hearing, numerous residents expressed concern about maintaining Old Bell Point Shore Road.  The Planning Board expressed concern about removing the condition on maintaining the road since that was a condition offered by the applicant to obtain approval.  Regarding the removal of the condition requiring a permanent toilet, the Planning Board expressed concern about full buildout of the subdivision and the future needs.  

Waterkeeper Perspective: The Waterkeeper has concerns about increasing impervious surfaces in close proximity to the lake (parking lot for waterfront common lot).  The Waterkeeper recommends the Planning Board deny the proposed parking lot and require the installation of stormwater management including:  installing rain gardens for improved treatment; providing additional volume to meet the 1.5 gallons per impervious sq. ft.; install pretreatment sediment forebays for the basins; and install erosion controls on the 30% grades where runoff will be concentrated.

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board November 2009.

Waterkeeper Comment: See comment letters to the Town of Bolton Zoning Board of Appeals June and July 2010.  Verbal comments were made by the Waterkeeper at the June 2010 meeting after the applicant left the ZBA meeting (ZBA Chairman did not ask the applicant to stay, and they were unaware that it was a Public Hearing).

Next Meeting: 

Project Summary: Applicant proposes the development of Lot 8 of the Cobblestone subdivision, 43 Cobblestone Court (171.07-1-64&65) located in the RM 1.3 Zone.  The application is for site plan review.  The applicant proposes to merge the parcel with Lot 7 which has a single family residence approved site plan in 2006.  The applicant proposes the construction of a garage with an appartment and a shared driveway, eliminating the existing driveway on Lot 7.  A major stormwater management plan is proposed and has been reviewed and approved by the Town Engineer.  An ons-te wastewater treatment system is proposed utilizing Eljen system.  Municipal water is proposed.  At the September 17, 2009 Planning Board meeting, the building height was stated to to be a maximum of 35'.  Henry Caldewell expressed concern about continuing runoff problems from the Cobblestone subdivision and expressed concern about the erosion and sedimentation plan being properly implemented. 

Waterkeeper Perspective: The Waterkeeper expresses concern about the stormwater runoff problems which have been caused by the Cobbletone subdivision since its approval in 2003.  The Waterkeeper recommends additional management of all areas of the site development - currently a portion of the site will be directed off site without any stormwater management.  Additionally, subsurface soil investigation should be provided for the proposed stormwater management facilities.  The Waterkeeper supports the recommendation of the Town Engineer that the on-site wastewater treatment system by submitted to the NYSDOH for approval.  A Stormwater Maintenance Agreement should be provided.

Next Meeting: The Town of Bolton Planning Board approved the site plan application at their September 17, 2009 Planning Board meeting.  None of the Waterkeeper comments were discussed.

Project Summary: Camp Walden, located on Trout Lake, is proposing to demolish and replace 2 existing bunkhouses and construct one new bunkhouse on the 105 acre campus. The bunkhouses will house 32 children ages 8-16. Each bunkhouse will be serviced by an individual on-site wastewater treatment system and be connected to the community water system. 

September 2009 - Applicant proposed to maintain 2 existing bunkhouses and construct a new bunkhouse (C-Row Cabin) with new on-site wastewater treatment system and stormwater management.  New Cabin 20-21 also proposed.  The application was defined at the September 17, 2009 Planning Bord meeting to revise the 2008 approval and maintain 2 existing cabins proposed to be demolished and constructed only 1 of the 2 proposed new cabins.  Henry Caldwell expressed concern about the number of trees removed and the camp owner stated the trees were removed for safety issues.  There was discussion of developing a replanting plan in the future. 

Waterkeeper Perspective: The proposed on-site wastewater treatment system for the new bunkhouse is located on grades that exceed the maximum allowable permitted by New York State Department of Health (20%). In addition, the design wastewater calculations do not include showers but each bunkhouse floor plan includes showers. The Waterkeeper also recommends stormwater management plans for each bunkhouse.

September 2009 - Waterkeeper continues to have concerns about the slopes of the locations for the proposed on-site wastewater treatment systems as well as proximity of stormwater drywell to existing systems.

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board August 2008.  Based on information FOILed from the NYSDOH regarding their review of the wastewater treatment system design, the Waterkeeper forwarded our comment letter to the NYSDOH for their information - October 2008.  See comment letter to Town of Bolton Planning Board September 2009.

Next Meeting: The Town of Bolton Planning Board conditionally approved the project at the August 21, 2008 meeting based on the applicant's claim that the NYSDOH has approved the septic plans and that the Town Engineer approve the submitted stormwater management plans.   The Town of Bolton Planning Board will review the modificed application for the new C-Row Cabin and Cabin 20-21 at the September 17, 2009 Planning Board meeting.  The Town of Bolton Planning Board approved the revised site plan application at the September 17, 2009 meeting with the following condition: install downward facing and shielded lights.  None of the Waterkeeper comments were discussed. 

CANTRELL (UPDATED 6/25/10)

Project Summary: The applicant proposes the construction of a single family home on Lot 3 of the previously approved Christmas Tree Subdivision (approved 11/16/2000) on Federal Hill Road (156.00-1-20.3).  The project is located in the RM1.3 Zoning District.  Conditions of approval on the original subdivision are 1)There is to be no blasting or vegetative cutting prior to site plan review approval and 2) There is to be no building permits issued prior to site plan review approval.  The applicant proposes a 2000 sf home with a total disturbance of 14,600 sf.  The project will have an on-site wastewater treatment system and a well for water supply.  A minor stormwater management plan was prepared consisting of two small grass lined basins and two grass lined swales.    

Waterkeeper Perspective: The Waterkeeper had the following comments:the project should require a major stormwater management plan; the stormwater management controls should be converted to rain gardens to improve treatment; and soil test pits should be required.

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

Next Meeting: The applicant was tabled from the June 17, 2010 Town of Bolton Planning Board meeting.

CLAIRVIEW SUBDIVISION (UPDATED 7/23/09)

Project Summary: Clairview subdivision was a 26-lot cluster subdivision of 93 acres approved in 1984 located on Coolidge Hill Road.  The property was located in the RL3 andd LC25 zones and the density was switched from the RL3 to the LC25 and concerntrated the proposed development on the ridgeline.  The project received permits from the APA - 85-90 & 90-84.  The applicant appeared before the Planning Board to alter conditions of approval and to clarify side yard setbacks.  The Town records are unclear about the designated side yard setback for the clustered lots in the LC25 zone which requires a 50 foot side yard setback.  The lots were approved with 100' width rendering the lots unbuildable and requiring a variance on all lots along the ridgeline.  The applicant is proposing 20 foot side yard setbacks for Lots 1-10 along the ridgeline and 25 foot side yard setback for all other lots.  A condition of the APA permit and original Town of Bolton approval required site plan review on Lots 1-10.      

Waterkeeper Perspective: The Waterkeeper had questions whether the conditions of approval for the original subdivision which had a public hearing could be revised without opening another public hearing.  There are concerns about the placement of 10 homes along the ridgeline with reduced side yard setbacks creating the potential of a 1/4 mile clearing along the ridgeline.  In addition, the Waterkeeper feels major stormwater management requirements should be placed on the entire subdivison.

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board July 2009.

Next Meeting: The Town of Bolton Planning Board approved the modification to the approved conditions at the July 16, 2009 Planning Board meeting with the following conditions - Lots 1-10 side yard setback 20', front yard setback 50', site plan review and major stormwater management for all lots;  Lots 11-17 & 20-26 side yard setback 25', front yard setback 50'; and Lots 18-19 50 front yard and 50' setbakc to Coolidge Hill Road.

CLARKE (UPDATED 9/16/09)

Project Summary:  Represented by Jeffrey Tennent, To alter pre-existing non-conforming structure, specifically to construct a proposed deck and enclose a lower level, seeks area variance for 1) deficient setbacks. a) Front. 50’ is required, 18’ 2 ½" is proposed, b) Side: 30’ is required, 17’ 94" is proposed, c) Rear: 30’ is required, 13’ 9 ½" is proposed, and d) Shore: 75’ is required, 41’ 5 ½" is proposed, and 2) To alter pre-existing non-conforming structure in accordance with Section 200-57B(1)(b). Section 185.15, Block 1, Lot 26, Zone RCL3. Property Location: 63 Three Oaks Drive. Subject to WCPB and APA review. Partially after the fact.

Waterkeeper Perspective: Stormwater management should be conditioned on the property.

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals July 2009.  

Next Meeting: The application was approved with the condition that the holding tank (approval for which would need to come from the Town Board at their next meeting) would require stormwater management. On August 11, 2009 the Adirondack Park Agency reversed the Bolton ZBA"s variance approval due to the record lacking a discussion of possible alternatives.  Also the APA stated that the condition on the approved variance (recommendation to the Town Board that the septic variance should include stormwater management) was not noted/placed on the approved area variance.   On September 14, 2009, the applicant presented another proposal to the ZBA and the fact that Warren County building dept required the addition of stairs and a landing.  This fact needs to become a new variance application before the ZBA.

COBBLESTONE SUBDIVISION (UPDATED 8/25/08)

Project Summary: The Cobblestone subdivision is a 12-lot subdivision approved by the Town of Bolton Planning Board in 2003. The indivudal lots are required to submit for Site Plan Review by the Town of Bolton Planning Board for major stormwater management projects. The subdivision is serviced by municipal wastewater and water systems.

Waterkeeper Perspective: The subdivision has experienced significant stormwater and erosion problems since the construction commenced. The Town of Bolton Planning Board required a reapproval of the stormwater management plan in 2006 after concerns expressed by the Waterkeeper. The system continues to be noncompliant and the Waterkeeper has requested the Planning Board to withhold granting individual site plan approvals until the overall stormwater management system is corrected.

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board July 2008.

Next Meeting: Based on information provided to the Town of Bolton, a Notice of Violation has been issued to the developer regarding the status of the stormwater management system and erosion and sedimentation controls.

DANIELS (UPDATED 5/5/10)

Project Summary: The applicant requested area variances for an existing residential property located at 4110 Lake Shore Drive (213.05-1-9).  The property is located in the RM1.3 zoning district.  The applicant proposes to alter a pre-existing nonconforming single family dwelling, specifically to construct an addition, covered porch and open patio and seeks variances for 1) deficient shoreline setback - 75' required and 51.63' is proposed; 2) Height 35' maximum and 36.9' is requested; and 3) alter pre-existing non-conforming structure.  The applicant proposes 620 sf of additional living space on an addition to the south side; remove an existing porch on the south side; remove blacktop parking area; remove a patio on the north side and replace with a patio with a greater setback to the lake; and enclose a second floor deck with a roof line to match existing.  Applicant proposes to install raingardens where no stormwater management exists or is required by code.  Applicant states there will be an overall addition of 439 sf of impervious cover without including pavement removal.

Waterkeeper Perspective: The Waterkeeper did not have objections to the variances requested but requested conditions to mitigate potential water quality impacts:  Require a shoreline buffer on the steep slopes for an existing structure within the shoreline setback; require pervious material for pavement replacement; enlarge proposed rain gardens and increase septic tank capacity. (This comment is removed based on additional information provided by the applicant)

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals April 2010.

Next Meeting: The Town of Bolton Zoning Board of Appeals held a public hearing on April 20, 2010.  The ZBA members felt the project was a "huge project" along the lake and there was concern about stormwater runoff.  The ZBA  approved the variances with the following conditions:  1) Install pervious pavement for the replacement pavement; and 2) Provide additional planting between the house and the lake on the northern portion as much as possible.

DIAMOND RIDGE SUBDIVISION (UPDATED 11/25/08)

Project Summary: The Diamond Ridge subdivision is a subdivision previously approved by the Town of Bolton Planning Board in the 1990s. The subdivision was reapproved for a new developer in 2006.  The current application was proposing two common driveways for five lots instead of five individual driveways.  Lots 13,14 & 15 would share one driveway and Lots 6 & 12 would share another driveway.  The submission contained detailed stormwater management plans for the shared driveways as well as for the indivdual site development plans.  The site development plans included on-site wastewater treatment systems consisting of fill systems due to depth to bedrock and/or seasonal high groundwater.  The proposed building sites would have lake views.  It was the opinion of the developer the proposal would reduce the amount of disturbance required to access the sites.  The Planning Bord Chairman stated during the review "Holding lots to 20' clearing (as required by the Town Code) is ridiculous."

Waterkeeper Perspective: The Waterkeeper had comments on the proposed on-site wastewater treatment systems which exceeded the maximum allowable grades for construction of fill systems and did not meet the required vertical separation to seasonal high groundwater.  In addition, the infiltration systems for stomrwater managment wer epropsoed on slopes exceeding the design standard as per the New York State Stormwater Management Design Manual and did not provide pretreatment control measures to reduce sediment as required.  In addition, there was concern about the amount of earthwork required for the house constuction.

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board November 2008.

Next Meeting: The Town of Bolton Planning Board approved the site plans without refering to any of the comments raised by the Waterkeeper.  The approved had the condition of shielded lighting and darker earth tome colors for the exterior of the houses.

DJMD BOLTON NY, LLC (UPDATED 9/18/09)

Project Summary: The applicant is developing a 21 acre parcel located at 5274 Lake Shore Drive located in the RCM1.3 Zone (156.20-1-39).  The project recieved initial site plan approvals in November 2006 for the construction of a family compound including a main house and recreation building.  These structures contain footprints greater thatn 10,000 sf and were to be constructed into the existing hillside requiring substantial blasting.  The buildings did include green roofs to reduce stormwater runoff.  A major stormwater management plan was prepared and an on-site wastewater treatment system was prepared.  Subsequently, a 7 bay garage with living quarters was approved in 2008.  The most recent proposal is for the construction of two family houses on the property approximately 500 and 650 feet from the lake.  These will be connected to the proposed wastewater treatment system. 

Waterkeeper Perspective: The Waterkeeper had concerns regarding the initial approval the amount of disturbance which was proposed.  During site observations, stormwater resulted in impacts to the lake which were documented.  Regarding the September 2009 application, it is the opinion of the Waterkeeper the site development needs to have a comprehensive review and the opportunity for public comment.  There have been major modifications to the plan which the public and Planning Board should have the opportunity to comment on as well as the construction which has occured on the site.

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

Next Meeting: The Town of Bolton Planning Board will discuss the surrent application at the Septmeber 17, 2009 meeting.  The site plan was approved by the Town of Bolton Planning Board at the September 17, 2009 meeting.  There was no discussion of the comments submitted by the Waterkeeper.

DREPS (UPDATED 7/23/10)

Project Summary:   Applicant proposed to remove vegetation from the site to provide a "filter view" Lot 11 of the Diamond Ridge Subdivision, which was apporved in 2006 (212.04-2-11).  The project is located in the LC25 Zoning District. 

Waterkeeper Perspective:  The Waterkeeper is not opposed the concept of filter view but expressed concern about the sequencing of the proposed project - how could a filter view be achieved if there is no house plans proposed or without a site plan.  It seems premature to request a filter view without knowing what you are providing a filter view for or where clearing will be proposed.  Additionally, there is a clear cut already existing at the site in the vicinity of the proposed filter view.  It seems the review for a filter view should be part of a complete site plan review.

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

Next Meeting:  The Town of Bolton Planning Board will review the application at the July 22, 2010 Planning Board meeting.  At the Planning Board meeting, a couple of members felt the filter view should be considered at time of site plan review for the proposed residence.  However, it was determined a permit or site plan review was not necessary for the filter view clearing proposed and the Planning Board appreciated the notice by the applicant.  The Planning Board did approve a resolution approving the proposed filter view clearing - 7-0.  

DRIESSEN (UPDATED 11/24/09)

Project Summary: V09-40 DRIESSEN, TERRY & CHRISTINE. To alter pre-existing non-conforming structure, specifically to construct a 2 story addition, seeks area variance to alter pre-existing non-conforming structure in accordance with Section 200-57B(1)(b). Section 171.08, Block 1, Lot 10.1, Zone RCM1.3. Property Location: 33 Braley Point Road.

Waterkeeeper Perspective:  Approval on the 1999 subdivision into 2 non-conforming lots was conditioned with 'no further construction that creates additional living space will be added to either lot'.  The proposed addtion will add approximately 3500 sf to the existing 3300 sf single family dwelling.  Number of existing bedrooms was never verified by applicant.  Waterkeeper recommended stormwater management and that the septic system be certified by a licensed engineer.  No Site Plan Review on this expansion.

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals October 2009.

Next Meeting: Application was approved with minor stormwater conditioned.  ZBA Board member (a neighbor) stated that the septic system was constructed in 1994. 

ELVIN (UPDATED 12/2/09)

Project Summary: V09-54 ELVIN, KEITH.  To alter non-conforming structure, specifically to construct a 4’x 18’ handicap ramp and a 4’x 6’ shed roof, seeks area variance for 1) deficient setbacks. a) Front:  30’ is required, 13’ is proposed, b) Side:  8’ minimum is required, 2’ is proposed on the east side; c) Rear: 15’ is required, 14’ is proposed; and 2) To alter pre-existing non-conforming structure in accordance with Section 200-57B(1)(b). Section 171.15, Block 3, Lot 15, Zone GB5000.  Property Location:  16 Hondah Loop.  Subject to WCPB review.  Shed roof is after the fact.

Waterkeeeper Perspective:  Although handicap access is critical to the occupants of this single family dwelling on the lake, the week before the applciant appeared before the ZBA, they hard surfaced the entire lot , leaving no vegetation  on the entire parcel.  Prior to witnessing the stone being laid, the Waterkeeper recommended that the small lot be planted with native vegetation to buffer the expanse of asphault  that exists on the surrounding areas.  

Waterkeeper Comment: Verbal comment was made by the Waterkeepr regarding the fact that the entire parcel on the shoreline now contained only impervious surfaces, and could the applicant make some changes without compromising the ability to be mobile on the site. 

Next Meeting: Application was approved.  The Bolton Zoning Board of Appeals imposed no conditions, in spite of the fact that it was revealed that the applicant had previously expanded (built a deck) without a permit or variance.  Some vegetation necessary ti infiltrate and treat stormwater would have been beneficial. 

FINKLE BROOK DREDGING (UPDATED 5/5/10)

Project Summary: The Town of Bolton is the applicant for a project proposing to dredge sediment from the mouth of Finkle Brook.  The project will require permits from the New York State Department of Environmental Conservation, United States Army Corps of Engineers and Adirondack Park Agency.  The project proposes to dredge an approximate 4-1/2 acres of Lake George.  The applicant proposes to utilize mechanical dredging methods.  Roads are proposed to be constructed in Lake George and utilize in-lake dewatering.  Sediment testing has been performed and underwater plant studies have been completed.

Waterkeeeper Perspective:  The Waterkeeper has numerous concerns about the proposed project:  the environmental review process has not been adequately addressed;  the dredging methods vary significantly from the methods discussed in the Environmental Impact Statement;  the proposal violates the Clean Water Act;  the failure of the NYSDEC to develop TMDL Plans for the impaired waters of Lake George; the applicant opposes protective measures for stream corridors to reduce sediment deposition; inaccurate information contained in the application material;  and the failure to properly address invasive species control and project funding.  The Waterkeeper submitted comments in response to the Public Notice of a Complete Application issued by the Adirondack Park Agency.  The comments were extensive and focused on six topics:  Compliance with Environmental Review, Lake Degradation, Source of Sediments, Construction Specifications, Sampling and Fisheries.

Waterkeeper Comment: Please refer to Lake George Waterkeeper comment letter to the Adirondack Park Agency February 2010.  For Lake George Waterkeeper comments to Adirondack Park Agency Public Notice for Complete Application, see April 2010. 

Next Meeting: The application is currently under review by the Adirondack Park Agency who have reservations about the proposed methods.  However, the NYSDEC appears to support the construction of roads in Lake George and supports the application.  The APA deemed the application complete in April 2010 and announced a Public Notice of Complete Application to accept public comments.  The APA stated in a meeting their jurisidiction was limited to the wetlands present at the site and the impact the dredging would have on them. 

Project Summary: The applicant proposes to alter a pre-existing non-conforming single family dwelling (SFD) located at 7 Congers Point North (171.15-3-85). Roofline and deck will be modified with the construction of a 30ft x 30ft terrace between the SFD and the lake. 50 ft shoreline setback is required; 28ft exists.

Waterkeeeper Perspective: Any reconstruction of a pre-existing non-conforming structure should require appropriate stormwater management controls in order to make the project better than what currently exists on the shoreline of Lake George. Hard surfacing on the shoreline inhibits stormwater runoff infiltration, therefore the stone terrace on the lake should not be approved. Mixed height vegetation should relplace lawn sloping down to the lake.

Waterkeeper Comment: Verbal comments at the Public Hearing requested that the ZBA condition an approval for the reconstruction requiring stormwater management and use of vegetation on the parcel (shoreline buffer and rain gardens).

Next Meeting: Application approved with the condition that strormwater runoff be managed on the property. The proposed terrace was withdrawn from the application.

HERRMAN (UPDATED 8/18/09)

Project Summary:  Represented by Jarrett Engineers & Creative Construction. For the construction of a proposed retaining wall, seek area variance for a deficient setbacks. 1)Shore: 75’ is required, 52’ is proposed, and 2) Side: 20’ is required, 5’ is proposed. Section 186.10, Block 1, Lot 14, Zone RM1.3. Property Location: 28 Huddle Lane. Subject to WCPB & APA review.

Waterkeeeper Perspective:

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals July 2009.

Next Meeting: Application was approved.  This is the first stage of a proposed dredging project at the north end of Huddle Bay.  APA and DEC permits for dredging are pending.

HOFFMAN-SMITH (UPDATED 11/24/09)

Project Summary: V09-43 CAREN HOFFMAN-SMITH. Represented by Schoder Rivers Associates, PC. To demolish and rebuild single family dwelling (existing patio to remain), seeks area variance for 1) a deficient shoreline setback. 75’ is required, 50’ is proposed, and 2) To alter pre-existing non-conforming structure in accordance with Section 200-57B(1)(b). Section 156.12, Block 1, Lots 22 & 29, Zone RCM1.3. Property Location: 11 Cherry Avenue.

Waterkeeeper Perspective:  The proposed 50 ft setback (vs. the required 75 ft) should not be approved.  the new SFD could be constructed within the confines of the existing lot, and although no stormwater management exists, infiltration and treatment of stormwater is more effective if there is greater distance between the structure and the lake.  A new OWTS should be required and shoreline buffering conditioned. 

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals October 2009.

Next Meeting:  One ZBA Board member stated that some sites are too small for the proposed dwellings...could the house be made smaller?  Applicant wanted a bigger house (neighbors have bigger houses). Application was approved as presented, no conditions.

Project Summary: The applicant proposes the construction of an approximately 3500 sf single family house with garage on 173 acres. The project is located on Padanarum Road in the LC45 zoning district. The site will be serviced by an on-site wastewater treatment system, an individual well and stomrwater management is proposed. An existing logging road will be utilized for access.

Waterkeeper Perspective: The applicant proposes to construct a standard absorption system for the on-site watewater treatment system. However, soil investigations indicate the depth to seasonal high groundwater is less than the requirement of the Town of Bolton Sewage Disposal Ordinance. Therefore, a fill syystem is required.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals for August 2008.

Next Meeting: The Town of Bolton Planning Board approved the site plan without conditions at the August 21, 2008 meeting.

JACKSON (UPDATED 7/23/09)

Project Summary: The porject proposes the construction of a new single family dwelling on Deer Creek Road, east of Coolidge Hill Road.  The project required an Individual SPDES permit for discharge from a construction activity due to greater thatn 1 acre of soil types E or F (associated with steep slopes) will be disturbed within a AA-Special watershed.  Construction was started in early Spring 2009.  The Waterkeeper has submitted three separate letters to the NYSDEC without any response.  

Waterkeeper Perspective: The Waterkeeper had comments regarding the wording in the permit conditions and whether "sediment" was considered a pollutant.  There were several areas where the proposed stormwater management plan did not comply with the New York State Stormwater Design Manual - fill areas used for infiltration purposes; infiltration in soils with less than 3' to seasonal higj groundwater and/or bedrock; and infiltration practices on slopes greater than 15%.

The Waterkeeper took photographs in April 2009 which substaniated some of the concerns regarding the suitability of the site for infiltration on steep slopes and proximity to bedrock.  These were discussed with DEC staff and a letter submitted.

In July 2009, the Waterkeeper documented sediment being transported from the site down Deer Creek Road and roadside ditches towards wetlands.  This was in violation of permit conditions which prohibited the increase in turbidity which would cause a visual contrast to natural conditions and the increase in suspended collodial and settable solids that will cause depostion or impairment to waters.

Waterkeeper Comment: See comment letter to the New York State Department of Environmental Conservation December 2008.  See construction comment letter to the New York State Department of Environmental Conservation May 2009.  See letter claiming violations to the SPDES permit to the NYSDEC July 2009.

Next Meeting: According the the NYSDEC, the permit was prepared to bee issued until comments were received from the Waterkeeper.  The NYSDEC will review the comments and should prepare a response to comments received.  This comment letter was never responded to.  The NYSDEC response to the July 2009 Waterkeeper letter was no violations were observed at the site and the site was substantially compliant with the permit.  It should be noted the NYSDEC did not visit the site until 2 weeks after the Waterkeeper submitted the letter.  It should be noted substantial improvements in the erosion and sedimentation control were made at the site between the time of the Waterkeeper letter and the NYSDEC site visit. 

Project Summary: The review of a site plan for a single family residence on Lot 3 of the Lake Ridge Subdivision approved in 2003 (stormwater approval in 2007). The lot is 5.04 ac and is located in the RL3 zoning district. The lot will be serviced by on-site wastewater treatment system and well. A major stormwater project is proposed.

Waterkeeper Perspective: The Waterkeeper filed a lawsuit against the Town of Bolton Planning Board regarding the original approval of the Lake Ridge subdivision and a settlement was reached. Concerns with the proposed site plan include a lack of current topographic survey, potential conflicts with stormwater control locations and lack of a Stormwater Management Agreement.

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board September 2008.

Next Meeting: The Town of Bolton Plannning Bpard conditionally approved the site plan at the September 18, 2008 meeting based on approval by the Town Engineer on the revised stormwater management plan based on Waterkeeper comments and to maintain all stormwater controls on the lot.

KOLLAR (UPDATED 7/23/09)

Project Summary: Applicant proposes the construction of a single family home on a 13.5 acre parcel located on Treasure Point Road (186.15-1-2).  The project is located in the RM1.3 & LC45 Zoning Districts.  The applicant requires site plan review for the removal of greater than 15,000 sf (major stormwater review) and the construction of a single family dwelling in the LC45 Zoning District.  The applicant proposes a 4600 sf house on a parcel which most of the land is not buildable due to wetlands.  APA wetlands have been delineated on the property.  Depth to groundwater is 3-4 feet.  The on-site wastewater treatment system is a shallow trench absorption system and an on-site well is proposed for water supply.  The proposed strucutre will be 80 feet from the wetlands and clearing is proposed within 25 feet of the wetlands.  At the July 2009 public hearing, the public had questions about the beach access off Teasure Point and whether docks could be placed in that area.  The applicant agreed to reduce the disturbance area towards the wetlands.  The Town Zoning Adminstrator stated the Town of Bolton has not applied any setback to wetlands and this determination was supported by the ZBA. 

Waterkeeper Perspective: The Waterkeeper was concerned about level of development in close proximity to the wetlands and had the following comments:  conflicting information on the depth of the the proposed stormwater basin; depth to groundwater; the wastewater flow is underestimated and does not account for expansion rooms or spa tubs; the on-site wastewater treatment system should be considered a fill system and the shoreline setback to wetlands.

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board June 2009.

Next Meeting: The Town of Bolton Plannning Board scheduled a public hearing for July 16, 2009.  At the July 16, 2009 Planning Board meeting, the Planning Board approved the project with the following conditions - acceptable septic system design, revised the disturbance limit on the west side of the house and downward facing shielded lighting on the exterior. 

KOLVEK (UPDATED 2/9/09)

Project Summary:   V08-48 KOLVEK, RICHARD & MARY. Represented by Daniel Kolvek. To alter pre-existing non-conforming single family dwelling, specifically to construct a 456 sq. ft. rec room on existing deck, seek to alter a non-conforming structure in accordance with Section 200-57B(1)(b). Section 156.00, Block 2, Lot 90.2, Zone RCL3. Property Location: 5510 Lake Shore Drive. Subject to WCPB review.

Waterkeeper Perspective:  Renovation and expansion (although not necessarily an increase of the actual footprint) of a 55 year old house should require site plan review, specifically to identify the location the existing OWTS, with inspection and certification of the septic system to ensure that it is functioning properly.   Recommendations for requiring stormwater management, planting of vegetated swales and minimizing clearing were made.

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for November 2008.

Next Meeting:  The variance application was approved without discussing OWTS (even though a ZBA Board member inquired if the septic had ever been updated, but was never answered).  No further discussions occurred, as there would be no increased impermeable or disturbance to the site and the house was 600 ft from the lake.  The fact that no stormwater management existed was not an issue to the ZBA.

Project Summary:   V09-59 KUDLACK, RICHARD. For the construction of a proposed single family dwelling, seeks area variance for a deficient shoreline setback. 100’ is required, 75’ is proposed. Section 141.00, Block 1, Lot 3.11, Zones RL3 & LC25. Property Location: 5879 Lake Shore Drive. Subject to WCPB and APA review.

Waterkeeper Perspective:  

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for December 2009.

Next Meeting:  

LAKE RIDGE SUBDIVISION LOTS 5&6 (UPDATED 11/2/09)

Project Summary:   Applicant proposed to remove vegetation from the site to provide a "filter view" for marketting purposes for Lots 5 & 6 of the Lake Ridge Subdivision, which was apporved on June 19, 2003 (171.14-1-5.5 & 5.6).  The project is located in the RL3 Zoning District.  The condition of the subdivision approval reads:  There will be no clearing, ther than the common driveway for Lots 6, 7 & 8 without site plan reviw for each lot.  The applicant states the house location sites will not vary since they are located at the highest point on the property to provide a cview of the lake and well as the more restrictive side yard setbacks required in the HOA Offering Plan (30 ft vs. the Town setback of 25 ft.).  The Planning Board memebrs expressed concern about the lack of a baseline and the application'f project detail is written and no visible baseline, i.e. computer photographs is provided.    

Waterkeeper Perspective:  The Waterkeeper is not opposed the concept of filter view but expressed concern about the sequencing of the proposed project - how could a filter view be achieved if there is no house plans proposed.  It seems premature to request a filter view without knowing what you are providing a filter view for.  Additionally, the clearing proposed has a  70 foot elevation difference down gradient which could be excessive.

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

Next Meeting:  The Town of Bolton Planning Board approved the proposed filter view clearing with the following conditions:  any future trimming must come back to the Planning Board; all work to be completed by June 1, 2010; provide pictures from the lake and from the proposed house site after the clearing; no heavy logging equipment and leave a mix of decidious and evergreen trees.

LYNCH (UPDATED 3/19/09)

Project Summary:   V09-05 LYNCH, STEVEN. Represented by Bruce Mowery. To demolish and rebuild cottage, seeks area variance for deficient side yard setback. 20’ is required, 8.4’ is proposed. Section 186.15, Block 1, lot 30, Zone RM1.3. Property Location: 177 Homer Point Road. Subject to WCPB review.

Waterkeeper Perspective:  Expansion of a cottage (although not necessarily an increase of the actual footprint) within approximately 260 ft from Lake George should require site plan review, including a stormwater management plan.  This cottage is proposed for 4 bedrooms, approximately 2200 sq ft of living space, which will require a Special Use Permit (over 1500 sq ft for an accessory structure).  The new septic absorption field is drawn on the property line, which will require a variance.  In addition, this is the only area of the lot that currently has mature vegetation and trees, which would need to be removed.  Waterkeeper would ask that if space is available, the absorption field is located on lawn area that has been cleared.  Recommendations for requiring stormwater management, planting of vegetation and minimizing clearing were made.

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for March 2009.

Next Meeting:  The ZBA approved the variance request as presented with the following condition(s): 1) that a new leach field and stormwater management system will be incorporated into this project.

Project Summary:  V09-60 McPARTLON, J. PETER. To allow a 10’x 16’ gazebo to remain in its present location, seeks area variance for a deficient shoreline setback. 75’ is required, 57.5’ is proposed. Section 200.14, Block 1, Lot 46, Zones RM1.3 & LC25. Property Location: 4224 Lake Shore Drive. Subject to WCPB and APA review.  

Waterkeeper Perspective:  

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for December 2009.

Next Meeting:  The ZBA approved the variance request as presented with the following condition(s): 1) 

MJ REAL ESTATE HOLDINGS, LLC  (UPDATED 6/25/10)

Project Summary:  The applicant proposes a seven lot subdivision of approximately 236 acres located along New Vermont Road (124.00-1-12 &13; 123.00-2-57.1).  The property is located in the RL3 and LC45 zoning districts.  The applicant proposes to use and upgrade an existing logging road to provide access to the subdivision.  The access road proposed will be approximately 1000 feet long with a common driveway of an additional 2100 feet to access three lots.  The grade of the proposed road will be 14% and will exceed Town standards.  A waiver was granted by the Town Planning Board.  On lot wastewater treatment systems and water supplies are proposed.  The project will require a major stormwater management plan for the road and all disturbance on the individual lots.  The property contains perennial streams as well as APA and ACOE wetlands.  None of the wetlands will be disturbed within the delineated boundaries.  The project requires a permit from the Adirondack Park Agency.  The project was first submitted to the Town of Bolton Planning Board in 2006 and received sketch plan approval in 2007.  The project was under review by the APA for two years.    

Waterkeeper Perspective:   The Waterkeeper had significant concerns about the proposed project:  request alternatives to reduce the disturbance (160 ft wide and 20 ft cuts) for the access road; require stream buffers; failure of the plan to comply with Town of Bolton Stormwater Ordinance requirements for volume reduction; misrepresentation of final ground cover reducing actual stormwater runoff; removal of over 500 ft. of protective buffers along wetlands and inadequate rain garden design.

Waterkeeper Comments:  See comment letter to the Town of Bolton Planning Board April 2010.  See comment letter to the Adirondack Park Agency June 2010.

Next Meeting:  The Town of Bolton Planning Board held a public hearing on April 22, 2010 and comments were provided by the Waterkeeper and public.  The Planning Board disregarded the Waterkeeper comments since the project received a signoff from the Town Engineer.  The Planning Board performed a review of the Long Form Environmental Assessment Form and declared a Negative Impact.  The project was approved with the following conditions: 1)Install Construction Entrance; 2) Install downward shielded lighting on exterior; 3) $400 per lot recreation fee; 4) restrict all work until all approvals are final; 5) All utilities are to be buried;  and 6) Individual Site Plan Review for all lots.  The Waterkeeper feels the stormwater management system in not compliant and is attempting to resolve outstanding issues with the applicant prior to initiating action with the Town.  The APA held a public comment period for the application in June 2010 and the Waterkeeper submitted comments.  In discussion with APA staff, concerns were raised by the Waterkeeper comments and APA staff were discussing comments with other agencies.  The project also required an Individual SPDES Permit for Stormwater Discharge from a Construction Activity from the NYSDEC.  The NYSDEC developed a substantial comment letter on the proposed project. 

MOUNTAIN AIRE MANAGMENT (UPDATED 9/16/09)

Project Summary:   Applicant proposes a three lot subdivision of a 13 acre parcel on North Bolton Road located in the RL3 and LC25 (156.00-2-58).  The access road is proposed to constructed in common with an existing driveway to the south which services two existing houses.  This concept was favored by the Town of Bolton Planning Board to eliminate a second road constructed up off North Bolton Road.  The applicant also proposed to install stormwater management on the existing driveway. August 2009 - A revised site plan was submitted for review which included a minor stormwater management plan for the upgrade to the existing driveway.  The applicant claimed he could go back to the original plan of a new access driveway construction but that would not provide stormwater management on the existing driveway.  The Zoning Administrator determined the upgrade to the existing driveway would require a major stormwater management plan. 

Waterkeeper Perspective:  The Waterkeeper had questions regarding the sequencing for the proposed subdivision and whether the initial proposed access road would require stormwater management to be designed prior to the selling of any lot.  In addition, would the Planning Board require any soil investigations for the suitability of lots for on-site wastewater treatment.  In regards to the proposed combined road with the property to the south, the Waterkeeper would support the elimination of a second road to another upland development shoudl the reconstruction of the existing road be minimal.  August 2009 - The Waterkeeper submitted a comment letter supporting the concept of the shared access road with the installation of stormwater management controls.  There were concerns about the submission of a minor plan based on disturbance and the lack of a grading plan incorporating the actual cut and fill proposed. 

Waterkeeper Comments:  See comment letter to the Town of Planning Board June 2009. See comment letter to the Town of Bolton Planning Board August 2009.

Next Meeting:  The Town of Bolton Planning Board approved the sketch plan for the combined road. At the August 20, 2009 Planning Board meeting, the Planning Board determined the upgrade to the existing driveway would require a major stormwater management plan.  The applicant did not agree and the application was tabled.

 MYERS (UPDATED 11/2/09)

Project Summary:   Applicant proposes the construction of a single family house on Lot 4 of the Lake Ridge Subdivision on Potter Hill Road (171.14-1-5.4).  The project is located in the RL3 Zoning District.  The project requires a major stormwater project as a condition of approval of the Lake Ridge subdivision approved on June 19, 2003.  The project proposes the removal of 45,760 sf of vegetation.  The stormwater mangement plan consists of three infiltration basins.  On-site wastewater treatment and water supply is proposed. 

Waterkeeper Perspective:  The Waterkeeper had questions regarding the protection of Stewart Brook which is located on a portion of the property as well as on the adjoining property to the south.  In addition, the Waterkeeper questioned the proposed erosion control blanketting proposed and the runoff coefficients which would effect the total runoff from the project.   

Waterkeeper Comments:  See comment letter to the Town of Bolton Planning Board October 2009. see attached maps of Stewart Brook location.

Next Meeting:  The Town of Bolton Planning Board approved the stormwater management plan at their October 22, 2009 meeting.  The applicant submitted a letter addressing concerns raised by the Waterkeeper.

NOLAN (UPDATED 6/17/09)

Project Summary:   V07-15 NOLAN, AGNES. Represented by D.L. Dickinson As9sociates. 1) For the construction of 2 proposed retaining walls, seeks area variance for deficient setbacks. a) Front: 30’ is required, 0’ is proposed, and b) Sides: A total of 20’ is required, 1’ is proposed on both sides, and 2) for the removal of vegetation within 10 ft. from the top of the slope of a drainage way per section 200-37B(b). Section 171.11, Block 1, Lot 54, Zone GB5000. Property Location: Lakeshore Drive adjacent to Lake George Camping Equipment. Subject to WCPB review.  

Waterkeeper Perspective:  Filling in of a stream / drainage way (including wetlands) to create a 25 ft footpath/drive to the lake will require an APA permit, an Army Corp of Engineers permit and DEC and is not recommended.

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for June 2009.

Next Meeting:  At the June 16, 2009 ZBA meeting a one year extension of the prior 2007 variance approval was granted (it was due to expire on 6/18/09).  The ZBA tabled the new variance application because of missing information (DOT's plans for the roadside easement; DEC, APA and ACOE correspondence letters (from the 2007 approval in which the APA stated that the applicant would need a permit due to wetlands, and this is still a condition of the 2007 ZBA approval). 

Project Summary: Application to subdivide 75 acres into 3 lots, part of the property commonly known as "The Pinnacle". The property is located within the LC25 Zoning District. The project would require an approximately 4300 LF road constructed on steep slopes. Proposed on-site wastewater treatment systems would be provided and on-site wells. A major stormwater management project would be required. The proposal is to construct two of the residences near the peak of the local landmark "The Pinnacle".  The applicant submitted revised plans at the October 2008 Planning Board meeting relocating the road cuts 20' from property lines, adding planting plans, adding building envelops and revising the filter plan.  There has been numerous public comment and approximately 10 people commented at the November 20, 2008 public hearing.  The applicant has requested the opportunity to provide written responses to the Planning Board members regarding the comments raised by the public.  The Planning Board will have only five voting members since two member have recused themselves.  Any resolution on the application will require four votes from the remaining five members.  At the December 2008 meeting, a motion was proposed to conditionally approve the subdivision.  However, the motion was not passed with a 3-2 vote - Board members Roesller, Mason and Koster in favor and Board members Gaddy and Albirch opposed.  The applicant has currently tabled the application pending the potential of alternates being appointed to the Board.  The applicant requested to be heard at the September 2009 Planning Board meeting.  The applicant had prepared a revised visual analysis, improved the proposed tree planting plan and enforcement plan and held a site visit with Planning Board members.    

NOVEMBER 2009 - The attorney for Oberer has taken the legal stance that the "no Action" decision by the Bolton Planning Board will result in a defacto subdivision approval by failure to take action on an application within the required time period allowed by Town Code.  Under Town Code, the Planning Board has 45 days to make a decision on an application after the close of a public hearing.  If no decision is made, the subdivision application is automatically approved by failure to take action.  The Town of Bolton Planning Board closed the public hearing in December 2008 and reached the first 3-2 "No Action" vote.  At that meeting,the Town stated their intention to seek alternates for the Planning Board and to allow this process to proceed, Oberer waived the 45 day decision period for the Plannin Board.  In the interim, the Planning Board has been unable to place alternates on the Board and the applicant attempted to slightly modify the application to obtain the fourth vote they needed.  This resulted in the September 2009 3-2 "No Action" vote.  The Oberer attorney filed a letter on November 16, 2009 officially recinding the waiver to the Planning Board of the 45 day time period, starting the 45 days counting to an automatic approval.  Mike Mueller, Town of Bolton attorney, appears to the agree with the actions of Oberer's attorney and was really trying to tell the Board they need to make a decision at the December 2009 meeting.

DECEMBER 2009 - Two Planning Board members who recused themselves stated they would like to unrecuse themselves and vote on the application.  Town Counsel advised against this unrecusal and stated this required a resolution by the Planning Board.  The Planning Board passed a resolution to not permit the two Board members to unrecuse themselves 4-1.  The public hearing was closed.  The application was voted on by the Planning Board - a motion to deny was introduced and did not pass on a 2-3 vote.  Amotion to appprove the application was introduced and this did not pass on a 3-2 vote.  There was no action by the Planning Board     

JANUARY 2010 - The Lake George Waterkeeper files an appeal with the Town of Bolton Zoning Board of Appeals regarding the Zoning Administrator's determination to refuse to apply the Town of Bolton Code regarding allowable clearing widths for driveways to the Oberer subdivision.  A Supplemental Petition is filed in February 2010 joined by neighboring impacted residents.

MAY 2010 - After misrepresentation by the Town of Bolton Zoning Department of the Waterkeeper appeal, a meeting was held between the Town of Botlon attorney and Zoning Adminstrator and the Waterkeeper and attorney. A subsequent letter was submitted and was again not recognized by the Town.  The appeals was heard by the Town of Bolton Zoning Board of Appeals at the May 18, 2010 meeting.  

Waterkeeper Perspective: The Waterkeeper is very concerned about the level of disturbance that will be required to construct a road up the very steep grades of the mountain. The proposed disturbance will be close to 100 feet side at points. Runoff generated from these steep slopes is difficult to manage and has great potential for erosion and sedimentation. To demostrate the excessive disturbance, computer renderings were produced based on views from Cat Mountain.  The proposed development will also effect an important and significant local landmark.  In October 2007, the Planning Board determined the access road was a shared driveway.  The proposed driveway exceeds the allowable clearing of 16' as stated in the Town Zoning Code and appears to require a variance.  There is also a question of segmentation of the review by subdividing and creating buildable lots without adequate stormwater management plans to determine all potential impacts.

The Waterkeeper has contacted the Town Zoning Administrator requesting a response to the clearing for the driveway exceeding the allowed 16' in March 2009 but in two months, has not received a response.  A third request was filed with the Zoning Administrator in August 2009 without response.  The attorney for the Lake George Waterkeeper filed a request for determination on December 17, 2009.  Upon the determination of the Zoning Administrator that clearing limits in the Town Code only apply to driveways for single family construction and not combined driveways, the Waterkeeper submitted an appeals to the Town of Bolton Zoning Board of Appeals which was joined by neighboring impacted residents.

Waterkeeper Comments: See comment letters to the Town of Bolton Planning Board November and December 2008.  The Waterkeeper hired a consultant to provide computer renderings of the pre- and post-disturbance conditions.  Please view the following:

            CAT MOUNTAIN - EXISTING LEAF OFF

            CAT MOUNTAIN - JUST AFTER CONSTRUCTION LEAF OFF

            CAT MOUNTAIN - AFTER PARTIAL REVEGETATION LEAF OFF

            CAT MOUNTAIN - AFTER FULL REVEGETATION LEAF OFF

            CAT MOUNTAIN - EXISTING LEAF ON

            CAT MOUNATIN - JUST AFTER CONSTRUCTION LEAF ON

            CAT MOUNTAIN - AFTER PARTIAL REVEGETATION LEAF ON

            CAT MOUNTAIN - AFTER FULL REVEGETATION LEAF ON

            HELICOPTER VIEW - PARTIAL REVEGETATION LEAF ON

See Waterkeeper request to Town of Bolton Zoning Administrator requesting a determination on the clearing permitted for the driveway, March 2009.  The Waterkeeper never received a response from the Zoning Administrator regarding the request for a determination on clearing width and sent a third request letter,  August 2009.  As of 9/18/09, this letter had not received a response.  A letter from the attorney representing the Lake George Waterkeeper was sent to the Town Attorney regarding the failure of the Town of Bolton to respond to the  request for determintation, December 2009.  The Lake George Waterkeeper submitted a comment letter for the December 2009 public hearing restating concerns on the project, providing sections of noncompliance with the Town Code and providing photo validation from Cat Mountain supporting the computer renderings, December 2009.

The sttorney representing the Waterkeeper submitted a Petition to the Town of Bolton Zoning Board of Appeals in January 2010 contesting the determination of the Zoning Administrator that driveway clearing restrictions in the Town Code apply only to single family homes and not to shared driveways.  The petition was joined by neighboring impacted residents and a Supplemental Petition was submitted to the Zoning Board of Appeals in February 2010. 

Next Meeting: The Town of Bolton Planning Board closed the public hearing at the December 2008 meeting but were unable to reach a decision due to lack of sufficient votes.  The Town of Bolton is currently proposing alternates for the Planning Board.  If an alternate(s) is appointed, they would need to review the record of the application and applicant would be allowed to provde a presentation at a public meeting.  THE PUBLIC HEARING WOULD THEN BE REOPENNED.  Therefore, the application is tabled until such time as the alternate is appointed and has the opportunity to read the record.  The next meeting date is not availble at this time.  At the September 20, 2009 meeting, the Planning Board entertained a motiont to approve the three-lot subdivision with conditions of a stormwater management plan, tree planting plan and pre-development photographs.  The motoin failed to pass on a 3-2 vote despite pressure applied by Chairman Koster to Member Gaddy on his vote.  Dissenting Planning Board members based their decision on tremedous excavation necessary for theh driveway; puts the Town in a position of attempting to enforce a well-intended plan and the Town had a poor track record on enforcement matters; the development proposed is not appropriate for the Town in maintaining the Adirondack character of the Lake George region; there were better locations for the proposed cluster house locations; and the proposal was not consistent with the Comprehensive Plan.

NOVEMBER 2009 - The Town of Bolton Planning Board has reacted to the applicant's rescinding the time extension waiver for a decission and has scheduled a public hearing for December 17, 2009.

DECEMBER 2009 - Two Planning Board members who recused themselves stated they would like to unrecuse themselves and vote on the application.  Town Counsel advised against this unrecusal and stated this required a resolution by the Planning Board.  The Planning Board passed a resolution to not permit the two Board members to unrecuse themselves 4-1.  The public hearing was closed.  The application was voted on by the Planning Board - a motion to deny was introduced and did not pass on a 2-3 vote.  Amotion to appprove the application was introduced and this did not pass on a 3-2 vote.  There was no action by the Planning Board   

FEBRUARY 2010 - The appeal filed by the Lake George Waterkeeper is on the agenda for Town of Bolton Zoning Board of Appeals meeting on February 23, 2010.  However, the Town Zoning Administrator claims the appeal is in error regarding a determination driveway clearing restrictions and is mistating the appeal as one against the Planning Board decision of a combined driveway. 

APRIL 2010 - The Town of Bolton Zoning Administrator refuses to recognize the appeal from the Lake George Waterkeeper and refuses to respond to the request for a determination on the clearing limits.  The item has been scheduled as a discussion item at the May 18, 2010 Zoning Board of Appeals meeting, which means not formal action will be taken by the Board.

MAY 2010 - The Town of Botlon Zoning Board did allow the Waterkeeper attorney to present the points of the appeal at the May 18, 2010 Zoning Board meeting. However, the Zoning Board decided in a 6-0 vote to not recognize the petition for appeal by the Waterkeeper and stated there was no appeal by the Zoning Administrator to appeal (refusal to respond to 5 requests), the Zoning Board would not decide on matters that were the responsibility of the Planning Board, i.e. clearing widths (although limits are placed in the Zoning Code) and the appeal was not timely to any decision made. 

ORMSBY (UPDATED 8/26/08)

Project Summary: The applicant proposes to alter a pre-existing non-conforming single family dwelling, specifically to replace an existing deck/stairs with an approximate 10'8" x 20'6" addition, seek area variance for 1) a deficient front yard setback: 30' is required, 28' is proposed; and 2) to alter a non-conforming structure in accordance with Section 200-57B(1)(b). Section 171.15, Block 3, Lot 82, Zone GB5000. Property Location: 6 Congers Point North.

Waterkeeper Perspective: Construction of a 2-story addition to replace an existing deck is not a comparable footprint replacement. The increase of impervious surfaces with this construction will have an impact on a lot that is already more than 50% hardsurface. Because the application states that there will be no stormwater retention measures used, the Waterkeeper recommends that stormwater controls and a planting plan be required. In addition a shoreline buffer between the driveway and the water was also suggested. Waterkeeper to share information with the applicant.

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals for August 2008.

Next Meeting: Application was approved with the conditions that minor stormwater would be constructed, impervious surfaces to be reduced and a planting plan would need to be approved by the Zoning Administrator.

Waterkeeper Perspective: A stormwater management plan should be included in this development on a steep slope 22 ft from Lake George. Planting of a shoreline buffer and use of rain gardens to help infiltrate stormwater on this site would be very beneficial for water quality protection.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals for July 2008.

Next Meeting: Certificate of Occupancy (building permit) had already been issued prior to variance request. Variance was approved with conditions that applicant comply with native planting request and develop a stormwater plan and reduction of impervious surfaces.

Project Summary: Applicant proposes to modify an existing Class A marina to include the rental of pontoon boats.  The existing dock complex has 16 slips;  initially requesting 6 rentals slips and potentially a total of 12 rental slips to replace existing slips.  The applicant also plans to close the existing restaurant and convert to three seasonal rental units.  The applicant received an area variance for the conversion from the restaurant to tourist accomodations.  The applicant stated the impact would be reduced from the 1200 weekly restuarant users to three weekly rental units.  The project also required a permit from the Lake George Park Commission.  Unlike the Town of Bolton Planning Board, the Lake George Park Commission was concerned about the existsing on-site wastewater treatment system and required the applicant to certify the system prior to approval.

JANUARY 2010 - The applicant is proposing a four-lot subdivision of the 5.29 acre property at 5102 Lake Shore Drive (171.11-2-11 & 12).  The subdivision would contain two water front lots.  All lots would share the existing on-site wastewater treatment system servicing the resort, apartments and marina.  The application was not heard by the Town of Bolton Planning Board.  

Waterkeeper Perspective: The existing on-site wastewater treatment system should be certified due to the age, and SPDES permit applied for from the NYSDEC and calculations should be submitted to substantiate the design wastewater flow.  In addition, the applicant should be required to address the stormwater runoff from the existing steep paved roads leading to the lake.  The applicant has contacted the Waterkeeper's office for a site meeting to discuss the stormwater situation.  The Waterkeeper has also contacted the Town Zoning Administrator regarding the traffic and storage of boats on the absorption field.

JANUARY 2010 - The Waterkeeper has concerns regarding:  1) the incompleteness of the application and failure to address density concerns, apparent setback encroachments and contractual access;  2) failure to address stormwater management; and 3) need to provide an evaluation of the existing on-site wastewater treatment system by a licensed professional. 

Waterkeeper Comments: See comment letter to the Town of Bolton Planning Board for October 2008.   The Waterkeeper provided verbal comments at the Decemeber 23, 2008 Lake George Park Commission meeting supporting the condition on the permit to have the on-site wastewater treatment system certified.  See comment letter to the Town of Bolton Planning Board January 2010.

Next Meeting: The Planning Board decided a public hearing was not necessary despite the numerous letters submitted from concerned neighbors.  The Planning Board approved the application with the following conditions:  no more than 12 pontoon rentals boats; exterior lights to be downward and shielded; hours of operation 8AM-5PM;  no major maintenance to boats; no gas pumping and no waste pumping.

JANUARY 2010 - The Town of Bolton Zoning Administrator determined the application was incomplete and the application was not placed on the agenda of the January Planning Board meeting.

PEPPER (UPDATED 12/23/09)

Project Summary: V09-42 PEPPER, JAMES & SALLY. To alter pre-existing non-conforming structure, specifically to construct a 14’x 18’ open sundeck, seek area variance for 1) a deficient shoreline setback. 75’ is required, 34’ is proposed, and 2) To alter pre-existing non-conforming structure in accordance with Section 200-57B(1)(b). Section 156.12, Block 1, Lot 28, Zone RCM1.3. Property Location: 35 Cherry Lane.

Waterkeeper Perspective:  After a site visit on 11/17/09, it was observed that the SFD was built on the exact footprint of the original SFD (including use of exisitng foundation), therefore minimal site disturbance was necessary and all mature trees remained.  The proposed deck will not require any removal of existing vegetation.  The Waterkeeper recommended that areas surrounding the proposed deck (steep slope to the lake) be planted with some lower height vegetation to better hold the soils and prevent some erosion that is evident on site.  The shoreline is forested with a mixed height canopy and a nice filtered view, but supplementing the vegetation would be beneficial.  this was verbally recommended to the Board. 

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for October 2009.  Verbal comments to the ZBA were made in November after a site visit with the applicant.

Next Meeting:  At the October 20, 2009 ZBA meeting, the Board asked the applicant to return to the ZBA the next month to present again with a more minimal variance request and a mor edefined 'hardship appeal' to the ZBA in order that they could sell it to the APA (to avoid a reversal of an approved variance).  At the 11/17/09 ZBA meeting, the applicant again was tabled and asked to reduce the size of the deck towards the lake, therefore minimize the variance requested.  Mr Pepper agreed to the condition:  Never to enclose the deck.

At the December 15, 2009 ZBA meeting, the reduced deck was approved with no conditons imposed.

RIEDINGER (UPDATED 2/27/09)

Project Summary:   V08-47 RIEDINGER, ED & AVEDISIAN, JOYCE. Represented by Larry Warner. To demolish and rebuild single family dwelling, seek area variance for deficient setbacks. 1) Shoreline. 75’ is required, 38’ is proposed; 2) Side. 30’ is required, a) 11.5’ is proposed on the south side; and b) 12’ is proposed on the north side. Section 185.19, Block 1, Lot 61, Zone RCL3. Property Location: 9 Lake Side Lane. Subject to WCPB and APA review. This item was tabled at the Oct. 2008 meeting as no one was present to present the application.

Waterkeeper Perspective:  Relocating the SFD further away from Trout Lake would increase the capacity for infiltration and treatment of stormwater.  Waterkeeper requested a site plan review to discuss OWTS, stormwater management and shoreline buffering on this shorefront 0.2 acre (8200 sq ft) parcel.  This is a seasonal to year round tear down and rebuild.  Applicant claimed that the SFD was a 10% expansion, but actually was 834 sq ft and proposed would be 1654 sq ft.  This increase was discussed at the ZBA mtg by the Waterkeeper.

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for November 2008.

Next Meeting:  Applicant stated to ZBA that if they denied the application, then they would ONLY renovate the exisitng house, using the current holding tank and no stormwater management.  If a new SFD, then stormwater management would be designed (which Bolton Zoning Administrator said was "not required").  Two neighbors said that the SFD should be moved back on the lot as the impact to the lake from this and other parcels was affecting water quality.  In 1986, SD86-13 had conditions placed on Lot #1(not to be built on), but Pam said that the issue "...may have been resolved, that no one had acted on it, and therefore the issue may have gone away...".   The ZBA approved this variance to rebuild a 3 story home on 0.2 acres within 38 ft of the shorleine (with a new OWTS and stormwater management and 'downward facing lighting).

ROCKWELL (UPDATED 12/2/09) 

Project Summary:   V09-50 ROCKWELL, DAVID & JOAN.  Represented by Don Russell.  To alter non-conforming structure, specifically to expand the living space, extend the porch and new covered entryway, seek area variance for 1) a deficient front yard setback. 30’ is required, 17’ minimum is proposed: and 2) To alter pre-existing non-conforming structure in accordance with Section 200-57B(1)(b). Section 186.10, Block 1, Lot 28, Zone RCH5000.  Property Location:  37 Sunrise Shores Loop.  Subject to WCPB review.

Waterkeeper Perspective:  The Waterkeeper recommends that any expansion to this small home with ledgerock to the lake include stormwater management (rain garden and vegetative buffering).  Septic system was not discussed, nor on the agenda.

Waterkeeper Comments:  Verbal comments were made at the Town of Bolton Zoning Board of Appeals public hearing on November 17, 2009. 

Next Meeting:  The Town of Bolton  approved the application .  One ZBA Board member questioned the existing septic system.  The applicant stated that the septic system was on the south of their property, but that they had no idea what was there.  The Zoning Administrator stated that because the property was not on the shoreline, therefore not an issue for the APA, there was no need to look at the septic.

Project Summary:   Applicant seeks site plan revoew for a group camp for children assocated with Camp Walden.  The applicant owns a 2.69 acre island in Trout Lake.  Camp Walden proposes camping expeditions of 10-25 children 25-30 nights a summer.  The Town of Bolton has determined it is a regular and consistent use for the nearby group camp (Camp Walden) and is an expansion of the use.  Camp Walden proposes the use of an outhouse/privy pit for wastewater treatment. 

Waterkeeper Perspective:  The Waterkeeper felt the application needed additional information for site plan review including clearing limits, shoreline protection measures and areas delineated for wastewater treatment and camping.  The Waterkeeper also recommends the use of a compost toilet for water quality protection as well as for education to teach environmental stewardship to the campers.

Waterkeeper Comments:  See comment letter to the Town of Bolton Planning Board March 2009.

Next Meeting:  The Town of Bolton Planning Board will first hear the application on March 19, 2009.

RUFFOLO (UPDATED 1/28/09)

Project Summary: Applicant proposes seven lot subdivision off South Trout Lake Road.  The property is zoned RR5, RR10 and LC 25.  A 1400lf road is proposed to access five lots and two lots, one existing home and one proposed lot, will be accessed off the "seasonal" Town Road Kathy's Crossing.  The proposed road will cross and fill APA jursidictional wetlands.  Permits will be required from the APA as well as NYSDEC.  The project proposes seven stormwater management ponds, five infiltration and two wet ponds.  On-site wastewater treatment systems and wells are proposed.  The applicant claims improvements could not be made to Kathy's Crossing (Town Road) and revised the layout to provide access for Lot 2 off the subdivision road.  The applicant continues to work with APA regarding the filling of the wetlands (325 sf of wetlands will be lost).  The project will require a HomeOwners Association, which no application has been submitted. 

Waterkeeper Perspective: The Waterkeeper is concerned about increases in stormwater runoff in the area of the wetlands since the proposed wet ponds will not reduce stormwater runoff.  The Town Road, Kathy's Crossing, already floods during wet periods and additional runoff will be directed towards it.  Each infiltration pond has an underdrain provided which discharges the infiltrated stormwater and therefore does not reduce stormwater runoff.  In addition, the stormwater management report does not incorporate the impervious coverage from the driveways underestimating the stormwater runoff.  The majority of the Waterkeeper's comments were not addressed in the resubmission.

Waterkeeper Comments: See comment letter to the Town of Bolton Planning Board for December 2008 and January 2009.

Next Meeting: The Planning Board conditionally approved the project:  1. Deed restrictions to be revied by the Town Engineer;  2. APA approval;  3. $400 recreation fee at time of CO issuance;  4.  Light to be low wattage, downward facing and shielded;  5. Site plan review with major stormwater plan for individual lots;  6. No lots sold until HOA is in place at the January 21, 2009 meeting.

SADDLEBROOK SUBDIVISION  (UPDATED 1/28/09)

Project Summary: Applicant proposes a 24-lot subdivision (23 building lots) on 160 acres on New Vermont Road along Indian Brook. The project site contain steep slopes and extensive wetlands. The applicant proposes a road greater nearly 1-1/3 miles long requiring significant earthwork. Stormwater management is proposed through a series of large stormwater ponds, most requiring variances from the Town of Bolton Code. The proposal was approved by the Town of Bolton Planning Board in May 2007. However, after a lawsuit commenced by the Lake George Waterkeeper, the FUND for Lake George and adjoining landowners, a settlement required the project to be amended and resubmitted.

Waterkeeper Perspective: 1) The applicant proposes to increase the discharge of stormwater onto adjoining properties with improvements without obtaining an easement. The applicant has also misrepresented the existence of an existing drainage swale on the adjoining property as well as actual flow conditions. 2) As designed, the post-development stormwater controls will result in an increase in stormwater discharge from the project based on the miscalculations. 3) The project proposes the encroachment/removal of more thatn 400 linear feet of buffers along Indian Brook and contagious wetlands. 4) The project fails to adequately address impacts of cold climates that can have significant effects on water quality and quantity. 5) The project as proposed requires Adirondack Park Agency permits for impacts to wetlands as well as conveyance of a parcel containing wetlands. 6) The project proposes to relocate and utilize intermittent streams for the conveyance of stormwater.

Waterkeeper Comments: See comment letters to the Town of Bolton Planning Board for March, April, May and July 2008

Next Meeting: The Town of Bolton Planning Board approved the Saddlebrook subdivision plan on JUly 17, 2008 despite the comments expressed by the Waterkeeper and the adjoining landowners. The Waterkeeper has entered into negotiations with the developer and the Town of Bolton to avoid litigation.  At the November 20, 2008 Planning Board meeting, the Planning Board reduced the bonding requirement for the road construction from $150,000 to $100,000 at the request of Rolf Ronning, jepordizing the ability of the Town to mitigate  and pay for the construction if left incomplete.  

NEW!!! In December, Developer Rolf Ronning failed to obtain approval from the New York State Attorney General for the Saddlebrook Homeowners Association Offering Plan due to financial concerns, APA concerns and failure to demostrate the ability to maintain the stormwater system.  In attempts to initiate construction, Mr. Ronning requested the Town of Bolton to accept the road and stormwater management facilities.  This would have been the first road accepted by the Town of Bolton in 42 years.  On December 30, 2008, the Town of Bolton Town Board accepted the road from Ronning on a 3-2 vote.  However, after a change in opinion from Highway Superintendent Tim Coon on his Department's ability to maintain the road and stormwater management facilities, the Town Board unamimously reversed their decision on January 6, 2009.  The Waterkeeper provided comment at a couple of the public hearings and was encouraging the Town to improve the non-compliant stormwater system which was approved.  At the January Planning Board meeting, Mr. Ronning continued to try to alter the conditions of approval, this time requesting to be able to sell lots without the HomeOwners Association in place.  In particular, Mr, Ronning claimed that Lots 3 & 4 were part of a previous subdivision with an easement to New Vermont Road and Lots 9&10 were not on the subdivision road with a separate access off New Vermont Road.  The Waterkeeper has concerns regarding the segmenting of the subdivision as well as Lots 9 & 10 are part of the HOA Offering Plan with a protective buffer along Indian Brook.  The Planning Board was not very receptive and requested Ronning to submit an application detailing exactly what he intended.  Aublic hearing would be required.  

SALAMONE (UPDATED 11/24/09)

Project Summary:  V09-44 SALAMONE, KEN. Represented by Bruce Mowery. For the construction of a proposed single family dwelling with attached garage, seeks area variance for 1) Height. 35’ is allowed, 39’ 51/2" is proposed and, 2) a deficient shoreline setback. 75’ is required. 15’ 4" is proposed. For the construction of proposed retaining walls/stairs, seeks area variance for a deficient shoreline setback. 75’ is required, 0’ is proposed. Section 213.05, Block 1, Lot 6.1, Zone RM1.3. Property Location: 4124 Lake Shore Drive.

Waterkeeper Perspective:  Waterkeeper recommends that all development should require infiltration and treatment of stormwater on site.  The proposed 8000sf 3 story SFD 15 ft from Lake Gerore cannot incorporate stormwater management because it has no available space.  Although the applicant states that the new SFD will be constructed on the exact footprint of the original home (built 130 years old), the existing SFD has been removed (foundation included), the site has been cleared and graded and no site plan of prior vs. proposed has been submitted.  Bolton has no Site Plan Review for shorleine properties, therefore this large home will be contructed with no Planning Board oversite. 

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals for October 2009.

Next Meeting: Town of Bolton Zoning Board of Appeals approved height variance, shorleine setback variance and retaining wall variance.

At the 10/20/09 Town of Bolton Zoning Board of Appeals meeting it was recognized that the applicant also needed a variance to have a 2 car garage located in the SFD on the shoreline (a 6 stall garage building currently exists on the road (Rt 9N), and a 3 vehicle structure is permitted within this zone.  The ZBA nor the applicant recognizes that adding 2 more stalls should require a variance for a total of 8 (not 4 which is in the variance application).  At the 11/20/09 ZBA mtg, the ZBA board members stated that the applicant should ask for a variance for 10 (not 4), and therefore would never need a variance in the future.  ZBA did not understand why the limit of 3 vehicles per SFD property existed.  Applicant never stated how many vehicles would be on the property, and the application was approved for a total of 4 vehicle garages. 

 SENESE (UPDATED 6/17/09)

Project Summary:  V09-13 SENESE, JAMES & ANN MARIE. Represented by Kevin Kershaw. To alter pre-existing non-conforming structure, specifically to construct a proposed 2^nd story addition over existing garage and a proposed addition on the west side of the garage, seek area variance for 1) A deficient front yard setback. 30 ft. is required, 21 ft. is proposed, and 2) To alter pre-existing non-conforming structure in accordance with Section 200-57B(1)(b). Section 171.15, Block 3, Lot 77, Zone GB5000. Property Location: 3 Congers Point Way. Subject to WCPB review.

Waterkeeper Perspective:  Ledgerock is present on the entire new building site, therefpore the ZBA stated that they didn't know how to infiltrate new impervious surfaces proposed (hence, no stormwater management required).  Waterkeeper suggested that the stormwater could be directed to areas of existing lawn (to the east of the existing SFD) and flow into a rain garden.  As an after discussion, the ZBA discussed that if the applicant agreed, he could try to work in some stormwater management.  Waterkeeper recommends that all development should require infiltration and treatment of stormwater on site.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals for June 2009.

Next Meeting: The Town of Bolton Zoning Board of Appeals approved this application on 6/16/09 for front yard setback variance (only issue required). As an aside, the ZBA liked that the new addition would be the same color as the exisiting house and a Board member noted that the house "...would not be seen from the road and that it was buffered from the neighbors...", but no discussions to mitigate stormwater. 

SHELLI (UPDATED 6/17/09)

 Project Summary:   V09-16 PATRICIA SHELLI. Represented by Jeff Tennent. To demolish and rebuild single family dwelling, seeks area variance for deficient side setbacks. 20’ total is required, 2.5’ is proposed on the north side and 3’ is proposed on the south side. Section 171.11, Block 2, Lot 21, Zone GB5000. Property Location: 11 Parkside Drive. Subject to WCPB review. .

Waterkeeper Perspective:  ZBA questioned how 3 floors would fit in a 35 ft height building.  The 0.12 acres lot is too small for a 6 bedroom/ 4 bath house.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals for June 2009.

Next Meeting: The Town of Bolton Zoning Board of Appeals approved this application on 6/16/09 and the applicant's representative said that they would "...take into consideration the Waterkeeper's comments...", and that additional plantings would be shown on final site plan. 

SISCA (UPDATED 12/2/09)

Project Summary:  V09-55 SISCA, FRANCIS.  Represented by John Shafer.  To alter non-conforming structure, specifically to construct a second story addition, porch roof and dormer, seeks area variance for 1) deficient setbacks. a) Front:  50’ is required, approximately 2’ is proposed, and b) Side: 30’ is required, 25.5’ is proposed on the north side; and 2) To alter pre-existing non-conforming structure in accordance with Section 200-57B(1)(b). Section 157.05, Block 1, Lot 4, Zone RLC3.   Property Location:  39 Horicon Lane.  Subject to WCPB and APA review.   

Waterkeeper Perspective:  Waterkeepr feels that an existing 3 bedroom SFD with  a library and an attic should require a septic system sized for 5 bedrooms.  Applicnat proposed expansion to 4 bedrooms in the future.  Per the Dept of Health Design Handbook "..any space that may be converted to a bedroom in the future should be considered in the design flow calculations...".  The only septic system information on this property was located in the Town's master file, and it was incomplete.  There is a shared leachfield on the neighbor's property.  

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals for November 2009.

Next Meeting: The Town of Bolton Zoning Board of Appeals requested a letter from a licensed engineer for the septic system prior to ZBA addressing the requested variances. 

SIMONSON (UPDATED 11/2/09)

 Project Summary:   Construction of a proposed single family dwelling, seeks area variance for 1) deficient front yard setback.  30 ft is required, 25 ft is proposed; 2) In accordance with Section 125-10B(2)(d), 100 ft is required between infiltration devices and a wetland, 82.10 ft is proposed.  Section 186.18-1-31.  Zones rch5000 and LC45.  Property location: Shallow Beach Road.   The Town of Bolton Zoning Board of Appeals requested a recommendation from the Planning Board regarding the two setback requested:  front yard setback and setback of infiltration device to wetlands.  The APA sent to letter to the Town of Bolton which Town Counsel advised the Planning Board to disregard the letter in which the APA is "grossly wrong" regarding a recent Court decision on the project.  The applicant stated the proposed project will not impede the access to the Gatehouse Association Beach and the science is satisfied for stormwater which received a sign-off from the Town Engineeer.  Planning Board members had questions regarding the usable acreage of the parcel;  whether other alternative locations have been evaluated for the dwelling and whether a recommendation to the ZBA for the variances could be viewed separately than the site plan review. 

Waterkeeper Perspective:  The proposed SFD is in the wetland.  The alternate building site on this 50+ acre parcel (SW of the cemetary off Homer Point Rd)should be investigated as a more viable, environmentally appropriate location. Major stormwater is necessary for either location.

October 2009 - The Waterkeeper expressed concerns about the Town's interpretation to not include wetlands as shorelines and whether the ACOE had been contacted about the project and determined if there were jurisdictional wetland involved.

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

Next Meeting:  ZBA referred the project to the Planning Board for a recommendation (the same response that had been made in December 2006 when the same project was on the ZBA agenda).  Per Bolton Zoning office, this is an entirely new project.  Although the stormwater management was altered to reduce the necessary variance relief, the entire application remains the same.  At their October 22, 2009 meeting, the Town of Bolton Planning Board recommended approving the requested variances to the ZBA but stated alternative locations should be evaluated.

 SPERANZA (UPDATED 7/23/09)

Project Summary:   Applicant seeks to construct a 40'x 25' garage on a 0.29 acre parcel at 52 Braley Hill Road (171.07-2-44).  The property is located in the RL3 Zoning District.  A variance was granted for the proposed project from the Zoning Board of Appeals.  The proposed garage would not have living area and no plumbing would be provided.  The applicant claims the site is 80-90% impervious.  The Planning Board expressed concerns about additional stormwater runoff along Braley Hill Road which currently has stomrwater problems.  The project would require a minor stormwater management plan.   

Waterkeeper Perspective:  The Waterkeeper expressed concern there was no stomrwater management proposed for the project, even though it was required by the ordinance.

Waterkeeper Comments:  See comment letter to the Town of Bolton Planning Board July 2009.

Next Meeting:  The Town of Bolton Planning Board approved the application at the July 16, 2009 Planning Board meeting with the following conditions:  trench drain to be installed around the building for stormwater management and exterior lighting to be shielded and downward facing.  The Waterkeeper followed up with the Zoning Administrator with an email expressing concern about the proposed trench drain off where the roof drains because the roof drains along the front of the garage where the doors and driveway will be and a trench drain could not be installed in that locations.

STROH (UPDATED 9/16/09)

Project Summary:   Applicant seeks to construct a two story single family home with a 2120 sf footprint on a 2.0 acre parcel on Lot 1 of the Cobblestone subdivision (171.07-1-59).  The application required site plan review for a major stormwater management plan disturbing approximately 23,600 sf.  An on-site wastewater treatment system was proposed along with a connection to the municipal water system.  

Waterkeeper Perspective:  The Waterkeeper has concerns about the ongoing runoff problems originating from the Cobblestone subdivision.  The Waterkeeper feels there should be a Stormwater Maintenance Agreement, a rain garden should be implemented in lieu of the grass lined basin for increased treatment and clearing limits should be delineated.

Waterkeeper Comments:  See comment letter to the Town of Bolton Planning Board August 2009.

Next Meeting:  The Town of Bolton Planning Board approved the application at the August 20, 2009 Planning Board meeting with the following condition:   exterior lighting to be shielded and downward facing.  There was no discussion of the comments raised by the Waterkeeper.

TWIN BAY VILLAGE (REVISED PLAN - DATED 9/16/09)

Project Summary: Applicant proposes a cluster design for the redevelopment of the existing commercial and residential lot on the west side of State Route 9N (186.07-1-13 & 14.1).  The proposal is for 30 lots (14 two-unit townhouses and two single family houses on 32.38 acres) on one lot and the existing "Villa" and guest cottage on the single family lot (which will be reduced to 3.66 acres).  The project is located in the RM 1.3 and RL 3 Zoning Districts.  The applicant claims the cluster subdivision is beneficial in reducing the visual impacts, disturbance of uplands, 20 acres will be preserved, and will construct with the topography.  Stormwater will be treated on site with the use of rain gardens and swales with a large pond at the base of the hill.  A large on-site wastewater treatment system will be designed for the townhouse units and require a NYSDEC SPDES permit and need to be operated by a licensed operator.  August 2009 - Revised site plan was submitted for preliminary review which removed the two single family residences and replaced with townhouses totaling 35.  The preliminary plan implements concepts of low impact development including pervious pavement, narrow paved road surfaces, landscaped cul-de-sacs, and bioretention swales tributary to rain gardens.  24 acres of the 30 acre townhouse parcel would be developed and development is kept away from steep slopes.  Townhouse buildings (2 unit) have been reduced from 40'x80' to 40'x70'.  

Waterkeeper Perspective: The Waterkeeper has concerns about the level of development and the ability to work with the topography as stated.  In addition, there is concern about the level of disturbance and the potential impact to the existing hydrologic patterns.  Additional concerns are regarding the protection of the existing stream and stormwater management. 

Waterkeeper Comments: No comments on the revised plan submitted at this time. 

Next Meeting: The Town of Bolton Planning Board granted sketch plan approval with the following concerns:  tightness of the site and the ability to provide parking and vehicular movement;  accomodate snow accumlation and removal;  relocate the tennis court and push units 30 & 31 down the mountainside.  The Town of Bolton Planning Board reviewed the revised preliminary plan at the August 20, 2009 meeting and generally supported the revisions.  The application was tabled pending a detailed preliminary plan submission.

 PREVIOUS APPLICATION  -    Project Summary: Application for a proposed 50 unit townhouse project, seeks area variance for 1) deficient density: 43 acres required, 37.6 acres exists; and 2) in accordance with Section 200-37B(4) Shoreline Regulations, seeks area variance for deficient shore frontage. 645’ of shore frontage is required, 122’ exists. Property located at 4804 Lake Shore Drive (186.06-1-14.1 and 186.07-1-7) in Zones RM1.3, RL3 and RCH5000. The current application has increased the requested density from 44 units to 50 units and added other amenities that were not originally proposed on the lakeside’s 1.70 acre parcel.

Waterkeeper Perspective: Four cottages, a 2 story motel structure and a 2-story wood framed house are on the adjacent parcel to the north (owned by Twin Bay Village, Inc and subdivided off 9/16/04 to separate the exisiting house from the motel).  This 7.1 acre parcel is now being included in the density calculation.  The removal of the 8 cabins, the motel units and the parking lot on the 1.70 acre shorefront parcel were presented as a decrease to the overall environmental impact on water quality from future development on the shoreline parcel, but in contrast, the proposed replacement with a swimming pool 50 ft from Lake George, a community center, tennis court and 45 parking spaces will only reduce the total impervious surface on the parcel by 6% (from 53% to 47%).  Deep rooted vegetation filters and adsorbs nutrients and pollutants and would be a better alternative than the proposed lawn. Native plants used as a vegetative buffer on the shoreline should be required by the board. Calculation of the discussed allowed density (44 units by the Planning Administrator) needs to be reviewed and recalculated based on Bolton Zoning Code, as 18 principal units can be identified as the total density allowed.

Waterkeeper Comments: See comment letters to the Town of Bolton Zoning Board of Appeals for March, July, September and October 2008 and the comment letter to the Town of Bolton Plannning Board August 2008.

Next Meeting: The Town of Bolton Planning Board recommended a maximum density of 22 buildings to the Zoning Board of Appeals (which is 44 units based on the Planning Administrator's allowed density calculation).  The PB also conditioned their recommendation with every unit dedected from the total gains a lake access right.  If there is no reduction of units, no variance should be granted for deficient shore frontage.  The Town of Bolton Zoning Board of Appeals discussed the density variance and the variance for a contractual access to the lake at their October 20, 2008 ZBA meeting.  The density variance was removed by the applicant's attorney at the meeting (because he determined that there was no density variance needed) and the vote was made for approval of deficient shore frontage lake access.  A resolution vote by the ZBA members concluded with 3 members approving and 3 members opposing (a 6 member ZBA Board), therefore the variance was not approved and tabled until next month due to an inability to adopt a resolution.  All information will be forwarded to the Adirondack Park Agency (APA) for their input.

 VETRI - LAKE RIDGE SUBDIVISION LOT 2  (UPDATED 8/24/10)

Project Summary: Applicant requires site plan review for a major stormwater project to remove more thatn 15,000 sf of vegetation, 52,933 sf is proposed, for the construction of a single family dwelling located on Lot 2 of the Lake Ridge subdivision (171.14-1-5.2).  The project is located on Lake Ridge Road in the RL3 Zoning District.  The project proposes an on-site wastewater treatment system designed for 6 bedrooms and water will be supplied by an on-site well.  Stormwater management will be provided through 4 infiltration basins.  The project proposes a 14 wide driveway with 5 additional parking spaces.  The driveway is proposed to be at 24%.

Waterkeeper Perspective: The Waterkeeper has concerns regarding the extensive clearing on steep slopes and negative impacts that will not be mitigated.  The following recommendations were presented to the Planning Board:  the stormwater management plan should be coordinated with the adjoining property since the new plan impacts the previous approval; rain gardens should be incorporated into the design for increased treatment; Low Impact Development measures should be implemented such as reduced impervious cover; tree should be planted on the bare slope of the gravel bank; a planting plan should be provided for screening and stormwater treatment; the on-site wastewater treatment system should be designed for the maximum number of bedrooms (7) and the percolation test should be performed at a proper depth.

Waterkeeper Comments: See comment letter to the Town of Bolton Planning Board for August 2010.

Next Meeting: The Town of Bolton Planning Board will review the site plan at their August 19, 2010 meeting.  At the August 19 Planning Board meeting, the Board expressed concerns about the extent of clearing and the impact to the viewshed from three homes in a row on the mountainside.  There were no concerns expressed about the stormwater management system.  The applicant stated that existing mature vegetation would be left and worked into the stormwater plan and that a rain garden would be provided.  Board expressed concen about the proposed house and the lack of detail on the number of bedrooms and material of construction.  The stormwater management plan was approved with conditions:  1) Additional cutting on this site or the viewshed easement must come back to the Zoning Administrator; and 2) Eliminate the note on the clearing of trees >10".  The Board requested a site plan review on the house for the September meeting. 

WATERHOUSE - NORTH BOLTON ROAD  (UPDATED 6/25/10)

Project Summary: Applicant proposes  a four lot subdivision off North Bolton Road (140.00-1-59).  The property is zoned RL3 and LC 25.  The subdivision would have two lots fronting on North Bolton Road of 2.40 acres each and two flag lots of 6.98 and 5.19 acres.  The rear of the property fronts along Indian Brook and a tributary flows through the property.  Wetlands are present on the property and are planned to be flagged by the APA.  All lots are proposed to be accessed by a shared driveway off North Bolton Road. 

Waterkeeper Perspective: The Waterkeeper expressed the following concerns: Lot 2 & 3 (flag lots) must comply with the required frontage as per the Town of Bolton Zoning Code and the project should maximize protection of Indian Brook with buffers and proper separations for wastewater and stormwater.

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

Next Meeting: The Town of Bolton Planning Board reviewed the sketch plan at their June 17, 2010 Planning Board meeting.  The Planning Board approved the sketch plan with the following conditions: 1) Accepted the shared driveway for 4 lots which must accomodate emergency vehicles; and 2) Major stormwater required for the shared driveway. 

WATERHOUSE (UPDATED 1/28/09)

Project Summary: Applicant proposes  a five lot subdivision off Valley Woods Road.  The property is zoned RR5, RR10 and LC 25.  A 1500lf road is proposed to access the five lots.  The project proposes a major stormwater management plan with an infiltration basin for the road as well as including some of the lots.  An APA delineated wetland is present on one of the lots and will not be subdivided.  The proposed subdivision is not compliant with the new APA regulations protecting wetlands with a 200 foot setback to wetlands but was submitted prior to November 14, 2008.  On-site wastewater treatment systems and wells are proposed.  A Homeowners Association is proposed for the maintenance of the road and stormwater management system. 

Waterkeeper Perspective: The Waterkeeper is concerned about the loss of the protective buffers along the wetlands;  stormwater calculations which do not reflect actual ground cover conditions and the project proposes to segment stormwater management by improperly applying minor stormwater management plans to the individual lots.  The Waterkeeper also recommends the incorporation of Low Impact Development such as grass swales in leiu of rip rap and using the cul-de-sac as an undisturbed forested infiltration area. 

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

Next Meeting: The Town of Bolton Planning Board set a public hearing for Thursday, February 26, 2009 at 6:00PM.