Minutes of the Town of Lake George Planning Board held on Tuesday, September 19, 2006, at the Town Center, Old Post Road, Lake George, New York. Members Present: Also Present: Chairman Scott Wood Keith Hanchett Tim Kissane Jack Abrahams Ralph Bailey Ed LaFerriere Charlie Portes Joe Mastrodomenico Patty McKinney, Clerk Robb Hickey, Zoning Enforcement Officer Joe Stanek Jim Grey Ed & Carol Anagnos Chris Navitsky Kevin Mulcahy Attorney Michael O Connor John Santiago Tracy Clothier Dominick Arico Attorney Dennis Phillips Rolf Ronning John Salvador Kathy Bozony Ray Hanas Michael Braun Chairman Scott Wood opened the meeting at 6:00 p.m. A motion was made by Keith Hanchett and seconded by Jack Abrahams to accept the September 5, 2006 minutes. REGULAR MEETING 1. Site Plan Application #31-2006 submitted by Tracey M. Clothier on behalf of Fairview Improvement Association to increase existing deck from 72 square feet to 248 square feet. The purpose of this project is to relieve stormwater runoff and resulting erosion from the adjacent steep driveway, for property located adjacent and south of the Tahoe Motel on Lakeshore Drive. Tracy Clothier was present representing the Fairview Improvement Association. She stated they have had a lot of issues with stormwater in this area. In an effort to curb this, - 1 - September 19, 2006
they built a French drain and sandbox type situation here to slow down the water and keep it from eroding to the lake. Chairman Wood read the Warren County Planning Board Recommendation of No County Impact. A motion was made by Jack Abrahams and seconded by Charlie Portes to approve with the conditions that a letter from the Association be placed in the file stating they are in agreement with these improvements and that erosion control be in place after the deck. Tim Yes Jack Yes Charlie Yes Ed Yes Ralph Yes 2. Site Plan Application #32-2006 submitted by John & Kristina Santiago to replace a pre-existing shed (11 x 11) with a new shed (12 x 24) for property located at 3648 Lakeshore Drive in Diamond Point. John Santiago was present and explained the project. He stated that there is a shed on the property where the floor is completely rotted out. He would like to remove the existing shed and rebuild with a larger shed. John stated the view from the lake will remain the same. There will be no change to the shed that would impede any view. Chairman Wood read the Warren County Planning Board Recommendation of No County Impact. A motion was made by Jack Abrahams and seconded by Ed LaFerriere to approve as submitted. Tim Yes Jack - Yes Charlie Yes Ed Yes Ralph Yes - 2 - September 19, 2006
3. Site Plan Application #26-2006 submitted by Richard E. Yulman to construct a 5,260 square foot interior space recreational building and 1,100 square feet of exterior courtyard space. The building consists of a 75 ft. lap pool, 2 changing rooms with baths, 2 saunas, media room, kitchen, lounge and office, for property located at 3564 Lakeshore Drive, Diamond Point. A letter from received from Attorney Jon Lapper requesting this application be tabled to the October 3, 2006 meeting. A motion was made by Jack Abrahams and seconded by Keith Hanchett to table this application to the October 3, 2006 meeting. 4. Site Plan Application #35-2006 submitted by Andrew N. Hadjandreas to install an 8 x 12 pre-built storage unit for property located at 10 Amitola Lane. There was no one present representing the applicant. Robb Hickey stated that this is a pre-built shed which will be placed approximately 100 feet from the lake. There are no neighbors nearby where any views would be blocked. There are no trees that would be removed to place this shed on the property. Tim Kissane read the application into the record. A motion was made by Jack Abrahams and seconded by Tim Kissane to accept the application as complete. Tim Yes Jack Yes Charlie No Ed No Ralph No A motion was made by Jack Abrahams and seconded by Tim Kissane to waive the Public Hearing. A motion was made by Keith Hanchett and seconded by Charlie Portes to approve the application with the conditions that the Zoning Enforcement Officer inspect during the installation of the shed and the shed be of earthtone colors and no white. - 3 - September 19, 2006
Tim Yes Jack Yes Charlie Yes Ed Yes Ralph Yes 5. Site Plan Application #69-2005 submitted by John and Kathleen Salvador to request permission to conduct commercial timber harvesting for property located on Shaw Road Extension. John Salvador stated that he has provided the contour map and the letter of nonjurisdiction from the APA as requested previously by the board. John stated that 3,500 feet +/- of that road is a Town road which is in better condition today than it was when he conducted timber harvesting previously. There is then a private road which is in better condition today than it was previously. John stated that this would be a Fall/Winter project. He stated that he has contacted DEC regarding the stream that runs through there and this is not a classified stream. Chairman Wood asked if there were any intentions of selling the property in the near future for purposes of a subdivision. John stated that this is strictly a timber harvesting operation. A motion was made by Ed LaFerriere and seconded by Ralph Bailey to schedule a Public Hearing for October 3, 2006. 6. Minor Subdivision Application #12-2006 submitted by G & G Lands to subdivide 36 acres into two lots, for property located on New York State Route 9N. The applicant requested this application be tabled to the October 3, 2006 meeting. A motion was made by Jack Abrahams and seconded by Keith Hanchett to table this application to the October 3, 2006 meeting. - 4 - September 19, 2006
7. Minor Subdivision Application #13-2006 submitted by Raymond J. Hanas and Patricia A. Grabley to subdivide approximately 12.97 acres into 4 lots, for property located at the end of Cramer Ridge Road. Ray Hanas was present and explained his project to the board. He stated this would involve a lot line change to one lot and creating two new lots in addition to the one lot where his house is presently on. There was a lengthy discussion regarding contractual access to the beach for lots A & B. Ray stated he needs to look into the deed to see if lots A & B can have contractual access. The board requested that house locations, septics, wells and separation distances be shown on the plan. Tim Kissane read the application into the record. A motion was made by Jack Abrahams and seconded by Ed LaFerriere to accept the application as complete. A motion was made by Tim Kissane and seconded by Charlie Portes to waive the Public Hearing. This item will be placed on the October 3, 2006 agenda to give the applicant time to look into the contractual access issue and to finalize the plans showing the house locations, septics, wells and separation distances. 8. Major Subdivision Application #9-2006 submitted by Boswell Engineering to subdivide approximately 38.56 acres into 17 lots, for property located at 328 and 342 Bloody Pond Road. Dominick Arico was present representing the applicant. Dominick stated they had meetings out in the field with the Village and the County as well as the Tom Jarrett and stated as far as the stormwater, the drainage plan has remained the same as far as collection and getting into the stormwater management areas. The County has informed the applicant that they want them to use the 18 inch pipe that comes across the road. He stated they have not received a formal response from the - 5 - September 19, 2006
County however, they have received a verbal acceptance of what they are proposing to do. They have also submitted to the New York State DEC because of the TMVL watershed. DEC has responded to the applicant with their comments. The drawings have been revised and the applicant will be resubmitting these drawings to DEC for a final review from them. The Village has suggested installing the booster pump at the intersection of 9L and Bloody Pond. This would be on State property. They are in discussions with the State and the Village to allow this booster pump to be placed on that property. The board stated again that they wanted all these questions answered regarding stormwater, the booster pump, and Tom Jarrett s concerns prior to the scheduling of a Public Hearing. Chairman Wood asked what the time frame was before houses would be built. Dominick Arico stated the road would need to be constructed first and there would probably not be any houses until at least July of 2007. Chairman Wood stated they are holding 17 sewer credits and there are applications in front of the board that need sewer credits that are ready to go. Chairman Wood stated that he was not comfortable giving them 17 sewer credits, possibly giving them 2 or 3 sewer credits for the first couple of phases and hopefully in July some upgrades to the system would have been made and more credits could be allotted. Chairman Wood requested that Tom Jarrett be present at the November meeting to answer any questions the board has regarding the application. 9. Major Subdivision Application #2-2006 submitted by Rolf O. Ronning to subdivide approximately 192 acres into 37 proposed lots in 3 phases; Phase 1 being 8 lots; Phase 2 being 10 lots; and Phase 3 being 19 lots, for property located off Truesdale Hill Road. Attorney Dennis Phillips was present representing the applicant along with the applicant, Rolf Ronning. Chairman Wood stated that the board requested to do SEQRA and stormwater on all three phases. Dennis Phillips stated that there is litigation related to this project as well. He stated that once served with the papers, it was decided that the best thing to do was to come back to this board and seek a modification of the original approval based on the full record and a presentation to the board for a comprehensive look at Phase I, Phase II and Phase III. He stated that Dennis Dickinson has prepared the Long Form EAF to include all three phases of this project. He stated that Dennis also presented to the board a revised stormwater plan which also covers in the revision, Phase II and Phase III. Dennis would like to merge this new amendment with the stormwater plan that was already presented for Phase I. He stated that there has been talk about possible APA jurisdiction in this case. He stated that Lake George has an approved APA plan and under the approved APA plan, the Town of Lake George has some 5 acre zoning in an area that under the APA act - 6 - September 19, 2006
is colored in yellow and is 8 ½ acre zoning. There is also some 50 acre zoning which exceeds the APA old 42 acre zoning. As part of the APA Plan, reclassifications have taken place. He stated that to the extent that there may be any APA jurisdiction, Rolf will cut back lots so they fall under APA jurisdiction. Dennis Phillips stated that it appears to him that there is no APA jurisdiction here at all relative to the number of lots, even under the old APA jurisdiction. Dennis stated they will provide this information at the Public Hearing so it is clear that there is not an APA lot counting problem in this case. Chairman Wood requested that Tom Jarrett and Tom Nace be contacted and whichever engineer can look at this first should be retained. A motion was made by Jack Abrahams and seconded by Ed LaFerriere to send the plans to the engineer for review at the applicant s request. 10. Site Plan Application #38-2006 submitted by Sunnyview Homeowner s Association to request permission to redevelop the waterfront area with stormwater management improvements to be made for property located on Route 9N, Lakeshore Drive. A letter was received from Jarrett-Martin Engineering requesting that this application be tabled. A motion was made by Charlie Portes and seconded by Keith Hanchett to table this application to the October 3, 2006 meeting. 11. Site Plan Application #39-2006 submitted by NYSDEC Division of Operations to provide public safety maintenance improvements to Lake George Beach Parking Lot and Beach Road to help remove standing water from travel routes and provide storm water management for property located at 139 Beach Road. Michael Braun of Clough Harbor & Associates was present representing the applicant. He stated that the improvements to be made are a public safety issue. The parking lot is over 50 years old and over the years it has settled and there is standing water in various areas both on the parking lot and also in Beach Road. He stated that DEC has asked them to look at various options to try to improve the stormwater on the site. Jack Abrahams asked how many trees would be removed. Michael Braun stated approximately 30. He has had discussions with several arborists and DEC forester regarding replacement. - 7 - September 19, 2006
Tim Kissane asked how many parking spots were on this lot. Michael Braun stated that they are decreasing their parking spaces. He stated that the original parking spaces are substandard. There are currently 518 parking spaces and at the completion of this project there will be 422 parking spaces. Keith Hanchett read the application into the record. A motion was made by Charlie Portes and seconded by Jack Abrahams to accept the application as complete. A motion was made by Jack Abrahams and seconded by Keith Hanchett to schedule a Public Hearing for October 3, 2006. 12. Long Form SEQRA Review for Major Subdivision #8-2006 submitted by Walter Rehm. Chairman Wood stated that the New York State Department of Health was requiring a Long Form SEQRA for this project. Chairman Wood read the Long Form SEQRA. A motion was made by Tim Kissane and seconded by Jack Abrahams to declare a Negative Declaration. Tim Yes Jack Yes Charlie Yes Ed Yes Ralph Yes 13. Site Plan Application #33-2006 submitted by Richard E. Walsh to construct and permanently maintain a 12 residential driveway with the intended development being single family residence, for property located on New York State Route 9L. - 8 - September 19, 2006
Attorney Michael O Connor was present representing the applicant. He stated they have submitted a more complete stormwater plan prepared by Dennis Dickinson. Charlie Portes asked if they had been to DOT yet. Attorney O Connor stated they had gone to DOT and has a renewal of that permit. Charlie questioned what plan DOT looked at when issuing the permit. It was stated that this application is only for the driveway and not for the construction of a residence. Chairman Wood read the application into the record. A motion was made by Tim Kissane and seconded by Keith Hanchett to accept the application as complete. A motion was made by Tim Kissane and seconded by Charlie Portes to waive the Public Hearing. A motion was made by Keith Hanchett and seconded by Jack Abrahams to approve with the conditions that New York State Department of Transportation review the plans submitted to the Town showing the right-of-way as shown now; a letter from the applicant s engineer shall be submitted stating that the plan meets all the requirements of the Stormwater Regulations; that he conduct an inspection during construction, a Stormwater Maintenance Agreement be submitted, a letter of credit or bond for the stormwater plan be submitted, a final as-built plan be submitted and Site Plan Review approval for the construction of the residence. Tim Yes Jack Yes Charlie Yes Ed Yes Ralph Yes Chairman Wood stated that when the Planning Board approved the Rite Aid project, the signs on the building were not shown. The developer has submitted photos of what the - 9 - September 19, 2006
signs would look like. Chairman Wood stated that copies will be made for the board members and this item will be placed on the October 3, 2006 agenda for an amendment to the Site Plan. The main sign will require a formal application by Rite Aid. Chairman Wood stated that Neal VanDorsten for the Mohawk Campground application has requested an extension to his previously approved Site Plan. A motion was made by Jack Abrahams and seconded by Charlie Portes to grant a 180 day extension. A motion was made by Jack Abrahams and seconded by Keith Hanchett to adjourn the meeting at 8:20 p.m. Respectfully submitted, Patricia McKinney Planning & Zoning Clerk - 10 - September 19, 2006