Town of Queensbury Project Review

Town of Queensbury
742 Bay Road
Queensbury, NY 12804

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

AHLERS (UPDATED 12/3/08)

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

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

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

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

 ARNOLD (UPDATED 11/20/09)

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

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

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

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

 CARDONA (UPDATED 9/26/08)

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

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

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

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

CROWELL (UPDATED 8/19/10)

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

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

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

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

DEBARON (UPDATED 11/2/09)

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

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

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

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

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

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

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

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

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

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

DENARDO (UPDATED 2/16/10)

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

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

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

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

DEROCKER (UPDATED 1/7/09)

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

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

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

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

DUNHAMS BAY RESPORT (UPDATED 7/21/10)

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

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

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

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

FEDOROWICZ (UPDATED 3/26/09)

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

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

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

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

FLANAGAN (UPDATED 6/25/10)

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

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

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

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

FUCHS (UPDATED 8/19/10)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 GRASSO (UPDATED 7/21/10)

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

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

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

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

GRAY (UPDATED 9/16/09)

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

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

Next Meeting:

HAUSLER (UPDATED 6/25/10)

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

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

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

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

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

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

Next Meeting: The application was again tabled for the December 2008 Planning Board meeting until 3/24/09 PB meeting (90 days) to allow the applicant to address the comments from the Planning Board.

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

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

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

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

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

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

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

  KELLY (UPDATED 1/28/09)

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

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

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

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

KOLECI (UPDATED 12/22/09)

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

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

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

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

KRAFT (UPDATED 9/28/09)

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

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

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

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

LAFORTE (UPDATED 9/26/08)

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

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

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

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

LIVINGSTON (UPDATED 8/26/08)

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

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

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

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

MASTOLONI (UPDATED 6/23/09)

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

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

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

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

Moriarty (UPDATED 3/26/10)

PAULSEN (UPDATED 9/17/08)

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

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

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

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

PUTNAM (UPDATED 7/15/08)

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

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

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

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

REDBUD DEVELOPMENT - Brown/Bitner  (UPDATED 3/4/09)

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

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

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

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

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

RIITANO (UPDATED 1/14/10)

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

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

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

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

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

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

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

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

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

SHAFER (UPDATED 6/22/09)

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

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

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

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

 TAKUNDEWIDE - LUCAS & MASON & KRISTEL(UPDATED 9/18/09)

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

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

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

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

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

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

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

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

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

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