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 Appeals information
Planning and Zoning Office 518-644-2893 / fax 644-2476

Town of Bolton Topics of Interest

Algonquin Restaurant (Updated 2/16/11)
Bailey (Updated 12/2/09)
Bell Point Shores Subdivision (Updated 12/22/09)
Bennett/Turner (Updated 7/21/10)
Berkowitz (Updated 6/20/12)
Bivona (Updated 9/18/09)
Bluebird Cottages Lot 3 (Updated 9/23/11)
Camp Walden (Updated 11/14/12)
Cantrell  (Updated 6/25/10)                                  
Caravella (Updated 11/14/12)                     Clairview Subdivision  (Updated 7/23/09)
Clarke (Updated 9/16/09)
Cobblestone Subdivision  (Updated 8/25/08)
Coon   (Updated 11/17/11)
Cummings (Updated 5/20/12)
Daniels  (Updated 6/20/12)                                      Dawson (Updated 6/20/12) 
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) 
Evanusa (Updated 1/19/12)                          Finkle Brook Dredging (Updated 3/23/11)
Gallo (Updated 9/17/08)
Golub (Updated 9/21/11)
Gordon (Updated 1/19/11)
Gramegna(Updated1/18/13)                                 Havenick (Updated 7/23/12)
Havill (Updated 2/16/11)
Herrman (Updated 12/13/11)
Hoffman-Smith (Updated 12/13/11)                     Howe - Lot 4 (Updated 6/22/12)                           Howe - Lot 5  (Updated 6/22/12)                           Hudd (Updated 11/14/12) 
Indian Brook Instream Sediment Basin (Updated 10/18/10)
Indian Pond Estates (Updated 9/26/08)
Jackson  (Updated 7/23/09)
Jones (Updated 12/21/11)
Kennedy (Updated 11/11/11)
Kenzie Properties (Updated 12/15/11)
King  (Updated 9/26/08)
Kollar  (Updated 7/23/09)
Kolvek  (Updated 2/9/09)
Kudlack  (Updated 12/23/09)
Lake Ridge Subdivision Lots 5&6  (Updated 11/2/09) 
Levy (Updated 7/26/11)
Lopiccolo (Updated 9/21/11)
Lynch  (Updated 5/18/11)
McPartlon  (Updated 12/23/09)
Manz  (Updated 10/21/10)                                     
Maschewski (Updated 5/20/12)
Miller  (Updated 12/13/11)
MJ Real Estate Holdings, LLC. (Updated 6/25/10)
Morgante (Updated 11/17/11)
Mountain_Aire_Management (Updated 9/16/09)
Myers (Updated 11/2/09)                                        
Nichols (Updated 3/23/11) 
Nolan  (Updated 6/17/09)
Oberer  (Updated 5/20/10)
Ormsby (Updated 8/26/08)
Painter  (Updated 7/15/08)                                Panzardi (Updated 10/23/12)
Parrotta  (Updated 2/16/10)                                   Pelli (Updated 7/22/12) 
Pepper (Updated 12/15/10)
Perry (Updated 9/21/11)
Ray (Updated 9/21/11)
Riedinger (Updated 2/27/09) 
Rockwell (Updated 11/11/11) 
Roden (Updated 3/18/09)
Ruffolo  (Updated 1/28/09)
Russell  (Updated 11/14/12)                Saddlebrook (Updated 1/28/09)
Sagbolt (Sagamore Hotel)(Updated 2/14/12)                                                        Salvagni (Updated 5/18/11)
Salamone (Updated 4/19/12)
Senese (Updated 12/21/11)
Shelli (Updated 11/30/11)                                        Shmuckler (Updated 11/14/12)
Sills (Updated 10/17/12)
Simonson (Updated 11/17/11)
Sisca (Updated 11/30/11)                                       

Sisca & Sisca (Updated 9/10/12) 
Speranza (Update 7/23/09) 
Stewarts Shops (Updated 11/11/11) 
Stroh (Updated 9/18/09)                Streigel (Updated 10/23/12) 
The Point  (Updated 5/11/11)                             Tonn (Updated 1/19/12)
Tubuilt, Inc. (Updated 10/20/10)
Twin Bay Village (REVISED PLAN - DATED 9/16/09) 
Upper hudson Woodlands ATP, LP (Updated 1/25/11)
Vetri-Lake Ridge Subdivision Lot 2  (Updated 8/24/10)
Villeneuve  (Updated 8/17/11)                        Vitale (Updated 12/21/11)
Waterhouse -  (The Rocks 1906) (Updated 3/3/11)
Waterhouse (Updated 1/28/09)               Whitney (Updated 1/19/12)                            
Wronowski (Updated 3/23/11)  

ADORNATO (Updated 4/19/12)
Project Summary: The applicant proposes to dermolish and rebuild a single family dwelling, specifically toconstruct a 4200 sf home located at 4108 Lake Shore Drive (213.05-1-10).  The project is located in the RM1.3 Zoning District and is designated as Moderate Intensity on the APA Land Use and Development Plan Map. The applicant requires Site Plan Review for the disturbance of greater than 15,000 sf requiring a major stormwater management plan, secifially the applicant proposes to disturb 24,800 sf.  The project proposes a 123 foot long by 32 foot wide structure with 3 stories setback 75' from the lake.  The dwelling is proposed to have 4 bedrooms and will have an onsite wastewater treatment system with enhanced treatment through a peat filter system.  The project will provide a major stormwater management plan with pervious pavement in the area of the garage with an overflow to rain gardens.  Blasting will be required for the project as well as significant clearing and grading, including 2 foot cuts along the southern property line.

Waterkeeper Perspective: The Waterkeeper's opinion the project proposes excessive disturbance and fails to comply with the Tow Code:  the building height exceeds 35' from natural grade; the building length exceeds the allowable 120' (123' proposed); rain gardens are proposed 45' from the lake (100' required); infiltration is proposed under the pervious pavement int bedrock; erosion is possible on the discharge from the rain gardens and Low Impact Development measures should be implemented to reduce the disturbance.

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board March 2012 and determination request to the Town of Bolton Zoning Administrator March 2012.

Next Meeting: The application was reviewed at the Town of Bolton Planning Board meeting March 22, 2012.  The project received approval from the Town Engineer.  The Planning Board asked questions about the extent of blasting, stormwater management and building size.  The Planning Bard approved the project 5-1 with the conditions:  1) a deed covenant is required to provide a vegetative buffer betwee the neighbors; 2) natural vegetation is maintained along the shoreline; 3) exterior lighting is shielded and downward facing; and 4) blasing is limited in hours.  The Zoning Administrator responded to the determination request by the Waterkeeper, which required the approved plans to be modified with additonal retaining walls to attempt to reduce the building height. 

Waterkeeper Perspective: The Waterkeeper views the project as the opportunity to improve stormwater management in the area by the installtion of pervious pavement, dry wells and/or planting area flush with the surface.  In addition, additional trees should be planted and restrictions should be placed on fertilizers and pesticides. 

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning board of Appeals February 2011. 

Next Meeting: The application is scheduled on the agenda for the February 15, 2011 Town of Bolton Zoning Board of Appeals meeting.  The Zoning Board of Appeals discussed the proposed revisions and inquired about agreeing to stormwater improvements and possible health issues to the neighboring property (exhaust ventilation, garage removal).  It was determined to be valid to discuss the health impacts but there would no increase due to the small percentage increase.  The Zoning Board of Appeals approved the variance 5-0 with the following condition: 1) The applicant has agreed to work with the Waterkeeper to mitigate stormwater runoff.  

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.

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.

Next Meeting: The Town of Bolton Planning Board accepted the application and scheduled a public hearing for December 17, 2009.  At the December 17, 2009 Planning Board meeting, the Planning Board granted approval for the stormwater management improvements for common lake access lot.  The Planning Board requested the applicant to research the installation of a waterless toilet for the common lot.  The applicant offered to table the request on Old Bell Point Shore Road to seek resolution with the numerous residents expressing concern over lifting of condition.

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: 

BERKOWITZ (UPDATED 6/20/12)
Project Summary: Applicant proposes the construction of a 2-car garage/second story living area to be attached to an existing single family dwelling located at 17 Congers Point South (171.19-2-5).  The property is located in the GB5000 Zoning District and is designated Hamlet on the Adirondack Park Land Use and Development Plan.  The applicant requests variances for the garage:  Front yard setback - 30 is required and 1' is proposed; for the proposed retaining wall: Front yard setback - 30' is required and -5' is proposed; side yard setback - 8' is required and 1' is proposed and to allow a 10'x9.6' shed to remain within the front yard setback - 30' is required and 15' is proposed.  The application was first heard in August 2010 and the Town of Bolton Zoning Board of Appeals had questions about the grade differntial on the property and the need for stormwater management.  The applicant returned in August 2011 and revised the garage location and added a 5 foot retaining wall.  The revised plan also included a stormwater management plan for the addition.  October 2011  -  The applicant modified the site plan for a detached garage located along the south property line that revised the variances requested:  1) Front yard setback - 30' reuired, 4.06' requested;  2) Alter a pe-existing non-conforming dwelling, specifically to add a two story addition; and 3) Allow a 10.10'x9.6' storage shed to remain, seeks area variance for deficient setbacks Front 30' required, 15' proposed and Side yard - 8' minimum required, 1.9' requested.  The applicant claims the relocation of the gagrage will not remove trees and remove the retaining wall structure required with the previous proposal.   JUNE 2012 - The applicant revised the site plan to relocate the garage to the northwest of the house off Congers Road.  The garage will be a single story structure with a 20' long driveway.  A two-story addition with a mud room will be added to the main house and be connected to the garage with a small deck.  Stormwater management is proposed for the garage and building addition and a rain garden is proposed for the southern side.  

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

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

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

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.

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.

Waterkeeper Perspective: The Waterkeeper felt the proposed variance requests could  not support the application. The Waterkeeper had the following comments: the Zoning Board should request alternative designs to reduce the potential impacts to the lake by reducing the impervious cover between the building and the lake and increasing the permeability; stormwater management should be included on the plan as conditioned by the Zoning Board of Appeals; and Site Plan review should be required.

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board November 2012.

Next Meeting: The application was on the agenda of the November 12, 2012 Town of Boltn Zoning Board of Appeals meeting.  At the Zoning Board meeting, the applicant stated the stormwater plan was submitted and reviewed by the Town, which was confirmed.  The Board expressed concern about the impervious surfaces and recommended a reduction.  The Zoning Board approved the variance request without conditions (6-0). 

Project Summary: (V12-14) The applicant proposes the replacement of a single family dwellin at 145 Cotton Point Road (200.14-1-(part of)10). The project is located in the RM1.3 Zoning District and is desginated as Moderate Intensity Use on the Adirondack Park Land Use and Development Plan.  The applicant seeks to demolish and rebuild the existing single family dweling and seeks variances for :  1) Setbacks - Front 50' required & 20.42' proposed, Shoreline 75' required and 9.91' proposed and Side 20' required and 9.72' proposed; and 2) To alter pre-existing non-conforming structure.  The proposed two story dwelling will be approximately 3200 sf, which is an expansion of 150 sf.  The proposed shoreline setback wll be reduced by 1 foot due to an increase in the eave overhang.  The number of bedrooms is proposed to be reduced from 6 to 5.  The existing septic system will be replaced with a holding tank, which will require a variance from the Town of Bolton Board of Health.  No stormwater management was proposed.  The proposed dwelling has been reviewed by the Cotton Point Association and the overaall size has been reduced.   

Waterkeeper Perspective: The Waterkeeper felt the proposed variance requests were excessive and did not support the application.  The Waterkeeper had the following comments: the Zoning Board should request alternative designs to reduce the requested variances; the shoreline setback should not be reduced; the onsite wastewater treatment system should be sized for all potential bedrooms (the floor plan proposes a study and shop); stormwater management should be provided; and Site Plan review should be required.  

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board June 2012.

Next Meeting: The application was heard by the Town of Boltn Zoning Board of Appeals at the June 19, 2012 meeting.  The ZBA questioned the applicant about the size and height of the building and stated the shoreline setback cannot be increased.  The Board recommended moving the house closer to the road or reducing the eave overhang.  The applicant stated the project would require a variance from the Town Board of Health.  The ZBA approved the variances, 6-0, with the following conditions: 1) The structure is to be moved 1' to the east to conform with the existing structure; and, 2) A minor stormwater management plan is to be implemented.

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.

COON (UPDATED 11/17/11)
Project Summary: The applicant proposes the construction of a single family home on 4 acres on Coolidge Hill Road (199.08-1-13).  The property is located in the RL3 Zoning District and designated Rural Use as per the Adirondack Park Land Use and Development Plan.  The project requires Site Plan Review by the Town of Bolton Planning Board due to the plan to remove more than 15,000 sf of vegetation, a total of 21,600 sf of clearing is proposed.  The proposed dwelling will have onsite wastewater treatment and water supply.  Stormwater management is proposed to be handled by a single, long and narrow infiltration trench proposed down gradient of the dwelling.  There is a significant amount of fill proposed (approximately 8 feet) for the driveway and garage.

Waterkeeper Perspective: The Waterkeeper was concerned about the separation between the OWTS and the stormwater management basin and recommended reducing the length of the stormwater basin; stormwater runoff from the driveway will not be directed towards the stormwater basin; incorporate existing vegetation into the stormwater basin to increase treatment; and revise the stormwater calculations to better represent existing conditions.

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board October 2011.

Next Meeting: The application was to be reviewed by the Town of Bolton Planning Board at their October 20, 2011 meeting.  The application received an approval letter from the Town Engineer. 

CUMMINGS (UPDATED 5/20/12)
Project Summary: The applicant requests an after the fact variance for building height for a single family dwelling located at 156 Edgecomb Pond Road (171.00-1-5). The property is located in the LC25 Zoning District and designated Rural Use as per the Adirondack Park Land Use and Development Plan. The project requires an area variance for building height - 35' maximum, 36'7.5" proposed.  The applicant claimed additional height was due to steep grades at site and limited building area as well as due to field adjustment due to ledge rock. 

Waterkeeper Perspective: The Waterkeeper inquired a stormwater management for the building and site improvements.

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals, April 2011.

Next Meeting: The application was to be reviewed by the Town of Bolton Zoning Board of Appeals at their April 17, 2012 meeting. The Zoning Board expressed concern about the after-the-fact varinace but granted variance.  The applicant stated stormwater management was provided for the project.  

DAL ASSOCIATES (UPDATED 5/18/12)
Project Summary: The applicant proposes to demolish and rebuild an 85 year old log cabin on the lake shore located at28 Sweet Briar Lane (186.10-1-9). The property is located in the RM1.3 Zoning District and designated Moderate Intensity as per the Adirondack Park Land Use and Development Plan. The existing cabin is in disrepair and is claimed to be a hazard and potentially will collapse into the lake.  The proposed project will not expand the existing footprint.  The structure extends over the lake and will be supported by crib construction, whch will not be cotinuous.  The applicant claims there is no aea outsidde the 75' setback to construct the cabin due to the presence of APA wetlands.  The applicant spoke with dock contractors who estimated 27 pilings would be required to support the structure, which would be more impact than crib construction.  No permit was required from the Lake George Park Commission.

Waterkeeper Perspective: The Waterkeeper was not opposed to the application but suggested an alternative construction from crib construction and recommended inquired whether a permit from the LGPC was required.

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals April 2012.

Next Meeting: The application was to be reviewed by the Town of Bolton Planning Board at their October 20, 2011 meeting. The application received an approval letter from the Town Engineer.

DANIELS (UPDATED 6/20/12)
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.

V12-21 - The applicant proposes t alter pre-existing conforming single family dwelling, specifically to add a patio, spa reflecting pool, stairs, and reconstruct retainig walls.  The applicant seeks variances for: 1) shoreline setback - 75' required, 63' proposed; 2) Building length - 120' allowed, 152.75' proposed; and, 3) To alter pre-existing, non-conforming structure.  The applicant proposes the outdoor patio extending from the north side of the house.  The appicant proposes to reduce overall impervious cover by 3700 sf by removing a large section of existing driveway, increasing stormwater management by expanding three proposed rain gardens and proposing significant plantings.

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)

V12-21 - The Waterkeeper supported the project and cited the removal of impervious surfaces and increased plantings and note the rain gardens, which were located within th 100 foot setback to Lake George.

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals April 2010 and June 2012.

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.

V12-21 - The Town of Bolton Zoning Board of Appeals reviewed the variance requests at the June 19, 2012 meeting.  The ZBA granted the variance request, 6-0, citing the removal of significant section of driveway, usubstanital nature of the request and increased stormwater management.

DAWSON (UPDATED 6/20/12)
Project Summary: The applicant requests to alter a pre-exiswting non-conformin single-family dwelling located at 18 Belle Lodi Lane (186.06-1-8). The property is located in the RM 1.3 zoning district and is designated as Hamlet on the Adirondack Park Land Use and Development Plan. The applicant proposes to alter a pre-existing nonconforming single family dwelling, specifically to allow apartially constructed patio and storage buildng and seeks variances for 1) deficient setbacks - side 20' required and 2' is proposed and rear 20' required and 3' proposed; 2)  alter pre-existing non-conforming structure. The applicant proposes 200 sf of raised walkway and patio along the rear of the dwelling due to uneven surface due o bedrock.

Waterkeeper Perspective: The Waterkeeper did not have objections to the variances requested but requested conditions to mitigate potential water quality impacts: Require recommends stormwater management for the existing and proposed impervious cover.

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals June 2012.

Next Meeting: The Town of Bolton Zoning Board of Appeals held a public hearing on June 19, 2012. The ZBA approved the variance, 7-0, citing the difficult terrain and bedrock and recommended the installatio of stormwater management measures but did not condition the approval. 

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. 

EVANUSA (UPDATED 1/19/12)
Project Summary: The applicant proposes to alter a pre-existing noncomforming single family dwelling located at 2 Fish Point Road (200.07-1-20).  The property is located in the RM1.3 Zoning District and is designated as Moderate Intensity Use on the Adirondack Park Land Use and Development Plan Map.  The applicant requests the following variances:  1) shoreline setback - 75' required, 31.1' proposed; 2) Side yard setback - 20' required, 18.8' proposed; and 3) To alter a non-conforming structure.  The existing dwelling is a single story dwelling with a detached garage.  The project proposes to construct the new dwelling within the existing footprint and not increase the existing conformities.  The building will be expanded vertically with a second floor and expand in the rear of the dwelling with a single story.  The application proposed to reduce impervious cover by removing the existing garage and portions of the existing driveway.  The applicant is proposing a new onsite wastewater treatment system set over 200' from the lake. 

Waterkeeeper Perspective: The Waterkeeper was not opposed to the variance and recognized the reduction in impervious cover, which would benefit water quality.  The Waterkeeper recommends stormwater management through rain gardens and Site Plan Review by the Planning Board.

Waterkeeper Comment: See letter to the Town of Bolton Zoning Board of Appeals January 2012.

Next Meeting: The application was scheduled for the January 17, 2012 Town of Bolton Zoning Board of Appeals meeting.  At the meeting, the Board expressed concern about the amount of glass windows proposed and stormwater runoff.  The Zoning Board of Appeals granted the variance with the following conditions:  1) Provide a minor stormwater management plan; 2) Provide non-reflective glass; and, 3) Install shading glass.

FINKLE BROOK DREDGING (UPDATED 10/18/10)
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.  For Lake George Waterkeeper comments to the New York State Department of Environmental Conservation September 2010.  In response to the NYSDEC Request for Lead Agency Status for the SEQR Review, the Waterkeeper submitted a letter to the NYSDEC, March 2011. 

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.  The APA issued a permit in June 2010 for the project and the permit was further modified to revise the turbidity curtains.  The project was advertised for public comments regarding a required NYSDEC permit for dredging activities.  The Waterkeeper submitted detailed comments focusing on legal concerns regarding the failure of the application and the reviewing agencies to comply with the State Environmental Review and compliance with the approved Generic Environmental Impact Statement.  This prompted the Lake George Park Commission to pass a resolution at their September meeting requesting the NYSDEC and APA to not issue permit and acknowledging the proposed project is not in compliance with the approved GEIS.  The NYSDEC is currently reviewing comments received from the public and have not made a determination on the application.  At the September 28, 2010 meeting of the Lake George Park Commission, the LGPC, citing concerns of the proposed project and non compliance with the original environmental review based on the comment letter from the Lake George Waterkeeper, adopted a resolution requesting the APA and NYSDEC not to issue permits on the proposed project until a proper environmental review is conducted.  Based on comments raised regarding the failure to provide na adequate environmental review, the NYSDEC issued a letter to the Town of Bolton stating the SEQR process was not complied with and it needs to be restarted.  The NYSDEC also suggested the Town of Bolton should declare themselves lead agency.  The Waterkeeper subsequently raised concerns about the process and the permit which the APA issued in a letter to the Town and other involved agencies.    MARCH 2011 - The NYSDEC has determined the proposed project must comply with the previousily prepared Generic Environmental Impact Statement and SEQR must be followed.  The DEC circulated a Request for Lead Agency status to Involved Agencies and Interested Parties.  The Waterkeeper responded with concerns of the listing of the project as an "Unlisted Action" and requested a scoping meeting for the EIS.

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.

Project Summary:  V11-38 The applicant proposes to construct an 8'6"x22' utility room and 5'6"x8' landing with stairs and modify a previous variance for a 18'x20' addition to an existing dwelling at 20 Loomis Lane (200.06-1-17).  The property is in the RM1.3 Zoning District and is desginated Moderate Intensity Use on the Adirondack Park Land Use and Development Map.  The project requires an area variance: to alter a pre-existing, non-conforming structure.  There are no proposed bedrooms with the expansion.  Stormwater management is provided on the properrty but none proposed for the proposed expansion.

Waterkeeper Perspective:  The Waterkeeper is not opposed to the proposed variance but recommend water quality improvement measures:  stormwasterr management for the proposed addition; require a shoreline buffer; mitigation measures to handle potential contaminated soils from the abandoned septic field and require Site Plan Review by the Town of Bolton Planning Board.

Waterkeeper Comments:  See Waterkeeper comment letter to Town of Bolton Zoning Board of Appeals September 2011.

Meetings:  V11-38 The applicatrion was schedule for the Town of Bolton Zoning Board of Appeals September 20, 2011 meeting.  At the meeting, the applicant stated the previous variance approval and the proposed utility room was to square out the addition.  It was stated a new onsite wastewater system had been approved and constructed in the past year.  ZBA mermbers felt the application was reviewed thorough enough under the previous application believed the application was fine.  The ZBA apprvoed the variances without conditions, 7-0. 

Waterkeeeper Perspective: The Waterkeeper has concerns about the extent of disturbance and clearing for the project and feels it is excessive.  The significant disturbance will result in increased runoff that has been misrepresented in the stormwater management report such as areas proposed as rock cuts that are modeled as grass.  In addition, the stormwater management calculations for the basins apply infiltration to reduce post development runoff, which require a variance.  JANUARY 2011 - The Waterkeeper filed an appeal to the Town of Bolton Zoning Board of Appeals regarding the stormwater controls utilizing infiltration on the shoreline.  The appeal cites opinions by the Lake George Park Commission and a recent decision from Warren County Supreme Court Justice Krogman supporting the LGPC regulations and the requirement for a setbacks from Lake George for infiltration devices.    

Waterkeeper Comment: See Waterkeeper comments submitted to the Town of Bolton Planning Board December 2010.  See Waterkeeper Petition for Appeal to the Town of Bolton Zoning Board of Appeals January 2011. 

Next Meeting: The application was scheduled on the agenda of the December 16, 2010 Town of Bolton Planning Board meeting.  The Waterkeeper requested a determination from the Town Zoning Administrator regarding the need for a variance for the stormwater basin utilizing infiltration within 100 feet of Lake George.  The Zoning Administrator determined a variance was not required based on a letter from the Town Engineer stating bioretention basins are not considered infiltration devices by the NYSDEC but are considered as filtering devices.  The Waterkeeper is planning on appealing the Zoning Administrator's decision to the Zoning Board of Appeals. The Town of Bolton Zoning Administrator failed to schedule the appeal on the agenda of the February 2011 Zoning Board of Appeals meeting and states the appeal will be placed on the agenda of the March 2011 Zoning Board of Appeals meeting. 

Waterkeeeper Perspective: The Waterkeeper has concerns about the potential increase of use on the property and recommended the submission of a wastewater facility plan, a detailed stormwater management plan for the property and a detailed parking plan. 

Waterkeeper Comment: See Waterkeeper comments submitted to the Town of Bolton Planning Board, January & March 2012.

Next Meeting: The application was scheduled  for review at the January 19, 2012 meeting of the Town of Bolton Planning Board. At the meeting, the Planning Board was concerned about statements made by the applicant of possible paving of parking, adequacy of the existing wastewater treatment system for the bed & breaksfast which 2 bathroom were to be added, and stormwater runoff.  The Planning Board scheduled a public hearing for February 16, 2012 and requested the review of the wastewater treatment systems and stormwater management plan by the Town Engineer.  The public hearing was postponed until March 22, 2012.  There were comments regarding access and the impact of the facility on adjoining properties of the Diamond Ridge Subdivision.  The applicant proposed a porta-potty unit that would be maintained and would not be connected to the OWTS.  A revised parking plan was provided with a total of 47 spaces.  The Planning Board was satisfied with all issues except the crossing of the existing drainage swale for the southern parking area and tabled the application until the May meeting.  The applicant met with the Town Engineering and resolved the parking area access issue and the project was approved.

Project Summary: The applicant proposes to the construction of a2,074 sf accessory structure (pavillion) at 3841 Lake Shore Drive (213.7-1-9). The property is in the RCM1.3 Zoning District and is designated Low Intensity Use on the Adirondack Park Land Use and Development Map. Site Plan Review is required for the construction of an accessory structure greater than 1,500 sf. The pavillion will be connected to an existing pool and no living space is provided. 35 parking spaces are delineated on a site plan. No stormwater management plans are provided.

Waterkeeeper Perspective: The Waterkeeper has concerns about the piecemeal development of the property and the need for a comprehensive review (the applicant recently received a variance fo the construction of a pool and accessory building); stormwater management plans should be prepared for the proposed structure as well as for other impervious cover onsite and the parking plan should be reevaluated based on site conditions.

Waterkeeper Comment: See Waterkeeper comments submitted to the Town of Bolton Planning Board, November 2011.

Next Meeting: The application was scheduled for review at the November 17, 2011 meeting of the Town of Bolton Planning Board.  

HAVENICK (UPDATED 7/23/12)
Project Summary: The applicant proposes to alter a pre-existing non-conforming single family dwelling, specificaly to add an addition on the south side and alter the lake side for a property located at 30 Isle Harbor Drive (186.19-1-7). The project is located in the RM1.3 Zoning District (Moderate Intensity Land Use). The applicant seeks a variances for:  1) length of structure - 120' maximum, 179' proposed; and 2) to alter non-conforming structure.  The applicant proposes the construction of a mater bedroom suite to the south side of the structure and lengthen the building 31' and proposes an extension of the lake side to enclose an existing stone patio with a 14' x 70' screen porch.  The applicant also proposes to replace an existing garage/accessory structure with a proposed 2 story structure, which will include a theatre/playroom.  This will require a Site Plan Review by the Town of Bolton Planning Board.  The applicant is proposing stormwater rmanagement for the proposed additions.  No information was submitted regarding the onsite wastewaterr treatment system. 

Waterkeeeper Perspective: The Waterkeeper was not opposed to the requested variance butr recommended:  certification of the existingonsite wastewater treatment system and the installation of a natural vegetated buffer.  

Waterkeeper Comment: See Waterkeeper comments submitted to the Town of Bolton Zoning Board of Appeals, July 2012 and to the Town of Bolton Planning Board, July 2012.

Next Meeting: The application was scheduled on the agenda of the July 17, 2011 Town of Bolton Zoning Board of Appeals meeting. The Zoning Board of Appeals expresed concern about the lack of a hardship for the variance and the concern about making a non-conforming structure more non-conforming.  The applicant stated they own the adjoining properties and the project would not impact any neighbors and that conservative stormwater plans were provided.  The applicant also claimed the historic nature of the structure as well as how it fit the needs of the family.  The Board stressed the desire not to increase the variance the lack of an overwheliming need for the variance.  The applicant tabled the application. 

Waterkeeeper Perspective: The Waterkeeper has concerns about the lack of information regarding the foundation along the shoreline, the extent of disturbance along the shoreline, potential need for a DEC permit, the need for stormwater management and shoreline buffer.

Waterkeeper Comment: See Waterkeeper comments submitted to the Town of Bolton Zoning Board of Appeals, February 2011. 

Next Meeting: The application was scheduled on the agenda of the February 15, 2011 Town of Bolton Zoning Board of Appeals meeting.  The Zoning Board of Appeals discussed the incompleteness of the submission and plan and the lack of information necessary to make a decision.  There was concern about visual impacts.  The Board also discussed the need to focus on the Town's Ordinance and not the HOA rules.  The Zoning Board of Appeals tabled the application pending additional information including foundation plans, elevation drawings, stormwater plans and visual assessment. 

V10-50 HERRMANS, HAKEN & JOAN Represented by Michael Tuck. To alter pre-existing non-conforming structure, specifically to construct an approximate 157 sq. ft. second story addition, seeks area variance to alter pre-existing non-conforming structure in accordance with Section 200-57B(1)(b). Section 186.10, Block 1, Lot 14, Zone RM1.3. Property Location: 28 Huddle Lane. Subject to WCPB and APA review.

Waterkeeeper Perspective: Stormwater management should be in compliance with Bolton Stormwater Management Ordinance, the new OWTS should be designed for five bedrooms, and a restriction of fertilizers and pesticides should be conditioned with this approval. 

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals July 2009 and November 2010.  Because geese frequent the property, ithe Waterkeeper verbally recommended that the proposed shoreline buffer should be wider and taller than what was proposed (perennial flowers). 

Next Meeting: The application was approved with the condition that the modified septic system is reviewed, installed and approved by the Zoning Administrator prior to a certificate of occupancy being issued by the Warren County Building Codes Department and that the fill is checked and the 'mound' is OK in spring.  Applicant stated that stormwater management was required for the recent retaining wall on the south side of the property, but noticeably did not respond regarding the rest of the site, whether there was any stormwater controls (instead stated that there was o new footprint).  This is the first stage of a proposed dredging project off this shoreline at the north end of Huddle Bay.  APA and DEC permits for dredging are pending.

V10-44 HOFFMAN-SMITH Represented by Carl Schoder of Schoder River Associates. To demolish and rebuild single family dwelling (existing stone patio and guest cottage to remain, wooden car port to be demolished), seeks area variance for 1) a) deficient shoreline setback. 75’ is required, 31’ is proposed, b) side setback: 15’ required, 7.5 proposed and 2) To alter pre-existing non-conforming structure in accordance with Section 200-57 B(1)(b). Section 156.12, Block 1, Lots 22 & 29, Zone RCM1.3. Property Location: 11 Cherry Avenue. Subject to WCPB and APA review.

Waterkeeeper Perspective:  V09-43 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. 

V10-44 - The project has changed in that the original variance was for a wider SFD with the guest house removed.  This variance request includes a longer house and the guest cottage, which increases the overall footprint of the project within 31 ft of Lake George. One ZBA Board member stated that the site was rocky and ledgy and that planting on the steep slopes would be difficult, therefore shoreline buffering not conditioned.  Trees would be removed on the lakeside for the construction of the SFD.  Minor stormwater per Zoning Administrator.

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals October 2009 and October 2010.

Next Meeting:  V09-43 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. V10-44 New variance was approved with no conditions.

HOWE - VALLEY WOODS LOT4 (UPDATED 6/22/12)
Project Summary: The applicant proposes the construction of a single family dwelling on Lot 4 of the Valley Woods Subdivision located on Valley Woods Road (140.00-3-23).  The property is located in the RL3 Zonng District and s designated as Low Intensity Use on the Adirondack Park Land Use and Development Map.  The applicant requires Site lan Review for a major stormwater project involving more than 15,000 sf of land disturbance, 32,470 is proposed.  The project proposes the construction of a 4,218 sf 3 bedroom dwelling and attached garage with a 200lf+ driveway.  The project proposes onsite wastewater treatment with a shallow absorption system and an onsite water supply. Stormwater will be conveyed to the proposed rain garden through stone trench and gutter and piping.  The application claims clearing is limited to 20' around the dwelling but clearing is much greater on the down gradient side of the dwelling due to the fill proposed for the rain garden.

Waterkeeeper Perspective: The Waterkeeper has the following cocerns regarding the proposed application:  1) The Stormwater Control Report inaccurately represents postdevelopment runoff in the calculation, which underestimates actual conditions; 2) The onsite wastewater treatment system should be szed or all potential bedrooms, the floor plans indicatea bonus room and study; and, 3) The rain garden should be redesigned to reduce the width, which would reduced the clearing associated with the project. 

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board June 2012.

Next Meeting:  The Site Plan Review application is scheduled to e reviewed by the Town of Bolton Planning Board at the June 21, 2012 meeting.  The Plannint Board raised questions regarding the Waterkeeper's comments about postdevelopment runoff but the Chairman stated the increases would be insignificant on a 5 acre lot.  The Site Plan Review was approved 7-0.

HOWE - VALLEY WOODS LOT5 (UPDATED 6/22/12)
Project Summary: The applicant proposes the construction of a single family dwelling on Lot 5 of the Valley Woods Subdivision located on Valley Woods Road (140.00-3-24). The property is located in the RL3 Zonng District and s designated as Low Intensity Use on the Adirondack Park Land Use and Development Map. The applicant requires Site lan Review for a major stormwater project involving more than 15,000 sf of land disturbance, 25,828 sf is proposed. The project proposes the construction of a 2,198 sf 3 bedroom dwelling and with a 240lf+ driveway. The project proposes onsite wastewater treatment with a shallow absorption system and an onsite water supply. Stormwater will be conveyed to two proposed rain gardens through stone trench and gutter and piping. The application claims clearing is limited to 20' around the dwelling but clearing is much greater on the down gradient side of the dwelling due to the fill proposed for the rain garden.

Waterkeeeper Perspective: The Waterkeeper has the following cocerns regarding the proposed application: 1) The Stormwater Control Report inaccurately represents postdevelopment runoff in the calculation, which underestimates actual conditions; 2) liminate the extensive riprap embankmentand replace with vegetation to reduce runoff; and, 3) The rain garden should be redesigned to reduce the width, which would reduced the clearing associated with the project.

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board June 2012.

Next Meeting: The Site Plan Review application is scheduled to e reviewed by the Town of Bolton Planning Board at the June 21, 2012 meeting.  Since the Planning Board refused to act on the Lot 4 comments, there was no acknowledgment of concerns from the comments.  The Site Plan Review was approved 7-0.

HUDD (UPDATED 11/14/12)
Project Summary: The applicant proposes to allow a 17'x12' deck and retaining wall to remain in their present location at 579 Trout Lake Road (185.00-1-47). The property is located in the RCL3 Zonng District and s designated as Low Intensity Use on the Adirondack Park Land Use and Development Map. The applicant requires area variances from the Town of Bolton Zoning Board of Appeals for:  1) Front setback - 75' required, 0' proposed; and 2) Shoreline setback - 75' required, 7.6' proposed.  The applicant has constructed a wooden deck with a walkway to a dock on the shoreline of Trout Lake.  In addition, wood retaining wall have been constructed along the shoreline.  There was existing 46' riprapped sloped beach along the shoreline.  No buffering is proposed. 

Waterkeeeper Perspective: The Waterkeeper has the following concerns regarding the proposed application: 1) Alternatives should be provided to reduce the variance requested since nearly 50% of the shoreline is cleared, which exceeds the allowable 30% specified in 200-37; and 2) shoreline buffering should be proposed. 

Waterkeeper Comment: See comment letter to the Town of Bolton Planning Board November 2012.

Next Meeting: The application is scheduled on the agenda for the November 12, 2012 Town of Bolton Zoning Board of Appeals meeting.  At the Zoning Board meeting, the Board expressed concern about th size of deck and that it was a structure greater that 6" above grade.  There was discussion about the height of the retaining walls and that they did not meet code.  Questions were asked about the wetlands in the lake and whether the wetland was removed.  The Zoning Board tabled the application.

INDIAN BROOK IN-STREAM SEDIMENT BASIN (UPDATED 10/18/10)
Project Summary: The project is the creation of a sediment retention basin on Indian Brook near the intersection of Federal Hill Road and New Vermont Road.  The project involves an activity in wetlands and is jurisdictional to the Adirondack Park Agency.  The project proposes to remove up to 500 cubic yards of sediment within a 3900 sf area for the purpose of creating a storm flow sediment retention basin.  Upon completion of excavtion, the newly formed basin is poposed to be vegetated with wetland plants and an additional 880 sf of new wetlands are proposed.  Upon completion, the basin will be monitored and actively managed to remove accumulated sediments and nonnative invasive species.  The project will also require a permit from the NYSDEC. 

Waterkeeper Perspective: The Waterkeeper has numerous concerns about the application of these devices for watershed management as detailed:  in-stream sediment basins violate the Clean Water Act by using the waters of the United States for the treatment of pollutants; ther has been no data provided to document the reduction of the growth of the deltas in Lake George; instream sediment basins have resulted in erosion problems increasing sedimentation; the Town of Bolton has failed to control upland sources of sediment; the project actually results in a reduction of wetlands; it should be determined if there are Army Corps of Engineer wetlands; the hydraulics of the basin have not been analyzed; the side slopes of the pool appear to be unstable at 2:1 slopes; and the application does not provide any information on settling of particles.

Waterkeeper Comments: See comment letter to the Adirondack Park Agency September 2010.

Next Meeting: The Adirondack Park Agency held a public comment period that closed on September 2, 2010.  The Agency has a 90 day period from the time the application was determined to be complete (August 10, 2010).  The decision must be made by November 8, 2010.  UPDATE -  The Adirondack Park Agency issued a permit for the Indian Brook Instream Sediment Basin on November 2, 2010.  The project will now require a permit from the NYSDEC. 

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. 

JONES (UPDATED 12/21/11)
Project Summary: Applicant proposes to alter a non-conforming carriage house, specifically to add a back entry, pation and solar panels located at 4 Walker Point Lane (141q.00-1-13).  The project is located in the RL3 Zoning District and is designated Low Intensity Use on the Adirondack Park Land Use and Development Map.  The project requires area variances from : 1) Front yard setback - 75' required from Route 9N, 60' proposed; 50' required from a private right-of-way, 0' proposed; and, 2) To alter a pre-existing, non-conforming structure.  The applicant proposed to modifiy the existing carriage house by upgrading and reparing the structure installing a loft and bathroom.  The roof and siding will be replaced and a new entry installed as well as patio, 

Perspective: The Waterkeeper is not opposed to the requested variance but recommends a stormwater management plan, require Site Plan Review by the Planning Board and demonstrate a suitable location for an onsite wastewater treatment system. 

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals - December 2011.

Next Meeting: The application is schedule to be reviewed by theTown of Bolton Zoning Board of Appeals at the December 20, 2011 meeting.  At the meeting, the applicant stated the building size would be reduced and stormwater runoff would be reduced from the site.  The intended use for the building would be for a game room.  The Zoning Board of Appeals granted the variance with the following conditions: 1) Septic plan to be approved by the Town; and, 2) Solar panels to be installed on the non-road side of the roof.

KENNEDY (UPDATED 11/11/11)
Project Summary: Applicant proposes the construction of a 12'x14'  enclosed porch to an existing non-conforming single family dwelling located at 5 Whitetail Lane (171.06-1-15).  The project is located in the RL3 Zoning District and is designated Low Intensity Use on the Adirondack Park Land Use and Development Map.  The applicant requires area variances for: 1) Front yard setback - 50' required, 47.9' proposed; and 2) alter a pre-existing non-conforming structure.  The addition will not provide additional bedrooms and is proposed as a 3 season porch.

Perspective: The Waterkeeper is not opposed to the requested variance but recommends the incorporation of stormwater management for the addition.

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals - October 2011.

Next Meeting: The Town of Bolton Zoning Board of Appeals heard the application at the October 18, 2011 meeting.  The Board determined the project was remote and would not affect anyone.  The ZBA approved the variance request without any conditions, 5-0.

KENZIE PROPERTIES, LLC (UPDATED 12/15/11)
Project Summary: Applicant proposes to alter a non-conforming strucutre to add decks, construct a proposed garage and density variance requirement for a property located at 5023 Lake Shore Drive (171.15-2-51). The project is located in the GB5000 Zoning District and is designated Hamlet on the Adirondack Park Land Use and Development Map. The applicant requires area variances for the existing non-conforming building: 1) Front yard setback - 30' required, 20' proposed from Rt. 9N and 15' from Penny Candy Lane; 2) Rear yard setback - 15' required, 4' proposed; and 3) alter a pre-existing non-conforming structure. The applicant requires area variances for the proposed garage:  1) Front yard setback - 30' required, 3' proposed from Penny Candy Lane; and 2) Rear yard setback - 15' required, 2.3' proposed.  The applicatn also requires an area varaince for density.  The existing structure contains 3 offices, one restaurant and 4 apartments.  The proposal is to modify and enlarge the existing apartments and maintain one restaurant and one office.  The apartments are planned to become condominium units, requiring additional acreage.  The applicant proposes to add decks for each of the condominium units.  It is claimed the overal parking requirement will change for the project.  The garage is proposed to be 4 bay with 2 stories, providing storage on the second level.  The applicant states stormwater management is existing for the existing building with a drywell in the rear parking lot.  Stormwater management is proposed for the new garage with an infiltration trench in the rear.  Wastewater and water are provided through the Town of Bolton.   The application was modified/clarified after discussion with the Town and required a density variance for 6 condominium (requiring 120,000 sf, 19047 sf proposed).

Perspective: The Waterkeeper has concerns about the increase in impervious cover on the property and suggests to relocate the garage to an existing parking area and the need for additional information on the stormwater management system.  Additional comment for the December 2011 meeting included a concern about a commercial use for a condominium.

Waterkeeper Comment: See comment letter to the Town of Bolton Zoning Board of Appeals - October and December 2011.

Next Meeting: The Town of Bolton Zoning Board of Appeals heard the application at the October 18, 2011 meeting. There was confusion about the application and the Zoning Administrator determine the application was not near complete.  The proposed modifications to the apartments convert the use to a condominium which may require additional variances as well as require input from the Planning Board.  The application was tabled for additional information and clarification. The revised application was scheduled for the December 20, 2011 Zoning Board meeting.

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.

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.

LEVY (UPDATED 7/26/11)
Project Summary:   The applicant proposes the construction of a garage (second garage) at 5191 Lake Shore Drive (171.07-1-54).  The property is in the RL3 Zoning District and is designated Low Intensity Use on the Adirondack Park land Use and Development Map.  The project requires area variances for: 1) shoreline setback (75' required, 43' proposed); and 2) number of garage bays (3 permitted, total of 7 proposed).  The garage will be placed in an area that currently is a paved/crushed gravel driveway.  The proposed garage will be 24' x 40', two story structure. 

Waterkeeper Perspective:  The Waterkeeper does not support the construction of the garage within the shoreline setback, especially in a watershed (Braley Point tributary) that experiences runoff problems; there were alternative locations available; the plan did not have a stormwater management plan proposed; and the project should require Site Plan Review by the Planning Board.

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for July 2011.

Next Meeting:  The application was heard by the Town of Bolton Zoning Board of Appeals at their July 19, 2011 meeting.  The ZBA approved the variance with the condition a stormwater management plan be prepared.  The applicant contacted the Waterkeeper for suggestions for a stormwater management plan. 

LOPICCOLO (UPDATED 9/21/11)
Project Summary:   The applicant proposes the replacement of an existing single-story portion of a dwelling with a two-story addition located at 4 Canoe Lane (213.17-1-3).  The property is located in the RCM 1.3 Zoning District and is designated Low Intensity Use on the Adirondack Park Land Use and Development Plan Map.  The project proposes to alter a pre-existing non-conforming structure and rerquires area variances for: Front yard (50' required from a right-of-way, 38' proposed) and to alter pre-existing, non-conforming strucutre.  There is no proposed increase in impervious cover.  The project will add a family room on the first floor and a bedroom on the second floor. 

 Waterkeeper Perspective:  The Waterkeeper does not oppose the variance request but recommends water quality improvements and compliance with Town Codes: require stormwater management and certify the existing onsite wastewater treatment system for the proposed addition. 

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for September 2011.

Next Meeting:  The application was scheduled for review at the September 20, 2011 Town of Bolton Zoning Board of Appeals meeting. At the meeting, the applicant claimed the need to put in a compliant foundation and the need for expansion.  It was stated the septic system consisted of a 750 gallon tank, it was pumped 8 years ago and there was never a problem.  The ZBA stated stormwater managaement was not necessary since there no increase in impervious cover.  The variances were approved with no conditions 7-0. 

LYNCH (UPDATED 5/18/11)
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.  MAY 2011 - The applicant submitted a variance request to reconstructed the cottage 12 feet west of the previous variance in the original location due to failure to obtain a variance for a proposed shed.  

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.   Concerns of the Waterkeeper on the May 2011 variance request focused on adequate design of the onsite wastewater treatment system, installation of a vegetative shoreline buffer and restrictions on fertilizer and pesticide use.

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for March 2009 and May 2011.

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.  May 2011 - The Town of Bolton Zoning Board of Appeals heard the variance request at their May 17, 2011 meeting.  The ZBA stated they do not get involved with septic issued but confirmed the construction of a new system and the Zoning Administrator's decision for sizing for only 3 bedrooms.  The ZBA approved with variance with no conditions.

McPARTLON  (UPDATED 12/23/09)
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) 

MANZ  (UPDATED 10/21/10)
Project Summary:   Applicant seeks Planning Board approval to create a filtered view on Lot 8, Deer Creek subdivision located off Landwinds Road (200.00-1-9.8).  The project is located in the LC 25 Zonint District.  A site plan approval was granted by the Planning Board in December 2003 for the construction of a 3 story residence with a 1000 lf driveway.  An onsite wastewater treatment system will be provided and water supply will be provided by a well.  A major stormwater management plan was prepared which consisted of a drywell with infiltration galleries for the dwelling and disturbance around the dwelling and an infiltration basin for the driveway.  The dwelling required a height variance (39' proposed, 35' allowed) that was granted in 2003 and has since lapsed.

Waterkeeper Perspective:  The Waterkeeper has concerns about the original site plan that were not addressed including stormwater management proposed on 30% and requirement of a SPDES permit.  However, there is no time limit on the site plan approval.  Regarding the cuurent application, the Waterkeeper has concerns about:  need to delineate the clearing limits on the site plan; verification of approved site plan; and protect proposed stormwater management areas from disturbance.

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

Next Meeting:  The applicant submitted a site plan review voluntarily and the Town of Bolton Planning Board will hear the application at their October 21, 2010 meeting.  At the meeting, the Planning Board unanimously approved the application with little review.

MASCHEWSKI (UPDATED 5/20/12)
Project Summary: Applicant seeks Planning Board approval to create a filtered view on Lot 8, Deer Creek subdivision located off 4818 Lake Shore Drive (186.07-1-6.4). The project is located in the RCH Zoning District and is designated as Hamlet on the Adirondack Park Land Use and Development Plan Map. The applicant proposes the construction of a 9760 sf single family dwelling with a 1285 sf guest cottage and a detached garage on Lots 2 & 3 of the Truffalo subdivision, which total 1.95 ac.  The project requires Site PLan Review for a major stormwater plan that proposes to disurb 43,000 sf.  The project will have an onsite wastewater treatment system sized for 7 bedrooms.  The project will be serviced by municipal water.  Stormwater managment is proposed through a vegetated infiltration basin, eave trenches and infiltration trenches.  An indor pool and outdoor spa pool is provided, neither is connected to a drain system. 

Waterkeeper Perspective: The Waterkeeper has concerns about the proper separation between the OWTS and stormwater infiltration basin (100' required and 50' proposed); depth of infiltration trenches for the garage and cottage; it is our opinion the infiltration rates should be reduced in the stone trenches due to the area occupied by the stone; need to provide a Stormwater Management Agreement and requested a public hearing. 

Waterkeeper Comments: See comment letter to the Town of Bolton Planning Board for April 2012.

Next Meeting: The Town of Bolton Planning Board reiewed the application at their April 19, 2012 meeting. Despite receiving 3 requests for a public hearing, the Bolton Planning Board refused to schedule a public hearing.  The applicant stated the intent was to save as many trees as possible and proposes to plant a total of 52 trees.  The applicant's engineer modified the stormwater management plan to address the Waterkeeper's concern on the depth of the stone trenches but claimed there was no problem with the separation between the OWTS and the stormwater basin.  The Planning Board approved the project with conditions: 1) Limited construction hours; and 2) Downward facing and shielded lights. 

Waterkeeper Perspective:  The Waterkeeper has concerns that an entire removal and replacement of a SFD does "...not warrant stormwater management..." per Bolton Zoning Administrator (stated at the ZBA meeting).  The leach field will be new, but the size was not discussed (a two bedroom SFD with a hot tub/spa).  Restriction of fertilizer and pesticide use was recommneded as a condition of approval by the Waterkeeper.

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for December 2010.

Next Meeting:  The variance was approved as presented. 

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 in June 2010.  The NYSDEC issued a second comment letter on the project based a revised stormwater plan submission in October 2010.

MORGANTE  (UPDATED 11/17/11)
Project Summary:   Applicant proposes to demolish and rebuild a pre-existing, non-conforming dwelling located a 24 Hondah Loop (171.15-3-5)  The project is located in the GB 5000 Zoning District and is designated Hamlet on the Adirondack Park Land Use and Development Plan Map.  The applicantion requires area variances frorm:  Front yard setback - 30' required, 11.75' proposed; Rear yard setback - 15' required, 1.5 proposed; and to alter a pre-existing, non-conforming structure.  The applicant seeks to rebuild on the same foot print of 938 square feet and install a code compliant foundation where none currently exists.  The property has municipal sewer and water services.  There is no stormwater management existing or proposed.  NOVEMBER 2011 - The applicant submitted a Site Plan Review application as per the condition of the Zoning Board of Appeals.  The application contained a stormwater management plan consisting of a stone eave trench for infiltration. 

Waterkeeper Perspective:  The Waterkeeper is not opposed to the replacement of the existing structure on the same footprint but views the application as the potential to provide water quality improvements:  require stormwater management by incorporating Low Impact Development measures such as a rain garden that will incrrease vegetation on the property; increase the rear setback and reduce the encroachment on the Town Park and require Site Plan Review by the Town of Bolton Planning Board.  Regarding the Site Plan Review application, the Waterkeeper suggested the consideration of a rain garden to improve stormwater treatment and provide site plantings. 

MOUNTAIN AIRE MANAGEMENT (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.

NICHOLS (UPDATED 3/23/11)
Project Summary:    The applicant proposes a 3 lot subdivision of a 4.0 ac parcel located at 3813 Lake Shore Drive (213.17-1-1.2).  The property is located in the RCM1.3 Zoning District and Low Intensity Use (according to the Adirondack Park Land Use Designation Map).  There is an existing single family dwelling on the property, which will be located on the future Lot 3 (2 ac.).  Lots 1 & 2 will both be 1 ac.  The three lots will share a common driveway, which currently exists.  Onsite wastewater treatment systems will be provided for each lot with the existing system located on proposed Lot 2.  No information was provide on stormwater management.

Waterkeeper Perspective:  The Waterkeeper recommended stormwater management for the existing driveway and wastewater treatment system designs for the individual lots at time of preliminary submission. 

Waterkeeper Comments:  See comment letter to the Town of Bolton Planning Board for March 2011

Next Meeting:  The proposed subdivision was submitted as Sketch Plan to be review by the Town of Bolton Planning Board at the March 17, 2011 Planning Board meeting. 

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). 

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.

PANZARDI (UPDATED 10/23/12)
Project Summary: Applicant proposes to cnstruct a single family dwellng and detached garage for a property located on Pioneer Village Road (156.16-1-21).  Theproject is located in the RCM1.3 Zoning District and id designated as Moderate Intensity Use on the Adirondack Park Land Use and Development Map.  The project requires Site Plan Review from the Town of Bolton Planning Board as a condition of approval from the Local Board of Health for receiving a septic variance.  The applicant poposes a 1530 sf dwelling footprint with a 650 sf garage. The total site disturbance is 14,100 sf or approximately 87% of the site.  The project propses a 1300 sf driveway.  The onsite wastewater treatment system is a Presby system (gravelless system), which requires 2' of fill with an onsite well for a water supply.  The project is classified as a minor stormwater project and will provide stormwater management through a series of stone trenches, swaales and a grass detention area. 

Waterkeeper Perspective: The Waterkeeper has concerns regarding:  whether the septic system should be considered a fill system;  stormwater system should be evaluated for impacts from groundwater of the deep excavation proposed; and require the delineation of the extent of clearing.

Waterkeeper Comments: See comment letter to the Town of Bolton Planning Board for October 2012.

Next Meeting: The application was on the agenda for the October 17, 2012 Town of Bolton Planning Board meeting.  At the meeting, the Boad asked questions about captre of site runoff near the driveway, potential of blasting and exterior lighting.  No mention of Waterkeeper comments.  The Planning Board approved the project (7-0) with conditions: 1) Blasting in accordance with Town requirements and 2) Exterior lighting to be downward and shielded. 

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.

 PELLI (UPDATED 7/23/12)
Project Summary: The applicant proposes to alter a pre-existing non-conforming single family dwelling, specifically to demolishan existing garage on the north sde and construct an addition on the south side for a property lcated at 4458 Lake Shore Drive (200.06-1-6).  The property is located in the RM1.3 Zoning District and is designated as Moderate Intensity Use on the Adirondack Park Land Use and Develoment Map.  The applicatn requires an area variance for:  1) alteration to non-conforming structure.  The existing garage is located within the side yard setbak, which makes the structure non-conforming (2.7' to the garage and 16.6' to the dwelling).  The proposed addition will have a 22' setback.  The addition wil have a 2 car garage with a bedroom on the second floor and a storage area in the basement.  The proposed addition will be 1040 sf and the existing garage is approximately 280 sf.  The new addition wil also require a new driveway section.  No nformation was provided regarding stormwater management.  Theplans indicated an existing 1250 gallon septic tank. 

Waterkeeper Perspective: The Watekeeper was not opposed to the variance request but recommended the Zoning Board require stormwater management for the proposed addition and driveway as well as for existing impervious surfaces; have existing onsite wastewater treatment system certified; and reduce the amount of impervious surface on the property.   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 July 2012.

Next Meeting: At the July 17, 2012 Zoning Board of Appeals meeting, the applicant stated that the number of bedrooms will remain the same with interior modifications and the existing gravel driveway will be removed.  The Board inquired about the rear garae door for the basement and the applicant stated there would be no driveway provided for the storage area.  The Zoning Board of Appeals granted the variance with the condition:  1) Minor Stormwater Plan to be prepaed for the addition - 5-0.   

PEPPER (UPDATED 12/15/10)
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.

V09-42 PEPPER, JAMES & SALLY. To alter pre-existing non-conforming structure, specifically to construct a 12’x 18’ open sundeck, seek area variance for 1) a deficient shoreline setback. 75’ is required, 41’ 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. Subject to APA review. This variance was approved by the ZBA Dec. 2009 and reversed by the APA. This item was tabled at the November meeting at the applicant’s request.

PERRY (UPDATED 11/10/11)
Project Summary: The applicant proposes the construction of a proposed 460 sf one story kitchen, entry and covered terrace addition to existing dwelling located at 121 Federal Hill Road (156.00-1-13).  The property is located in the RM1.3 and RL3 Zoning Districts and is designated as Rural Use on the Adirondack Park Land Use and Development Map.  The applicant requires area varainces from :  1) Front yard setback - 75' required, 71' proposed; and 2) Alter pre-existing non-conforming structure.  The proposed addition will be located in an area of an existing blocked patio. 

Waterkeeper Perspective: The Waterkeeper is not opposed to the proposed addition but recommends stormwater management.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals - October 2011.

Meeting: The application was scheduled for the October 18, 2011 Town of Bolton Zoning Board of Appeals meeting. At the meeting, the ZBA did not express concerns about the addition and stated the setback was questionable.  The Zoning Administrator stated stormwater was not required due to small addition.  The Zoning Board of Appeals granted the variance without conditions 5-0. 

RAY (UPDATED 9/21/11)
Project Summary:   The applicant proposes to construct a 21' x 41' guest cottage/deck addition to a pre-existing non-conforming strucutre located at 16 Fox Hollow Drive (156.00-2-82).  The property is located in the RCL 3 Zoning District and is designated Low Intensity Use on the Adirondack Park Land Use and Development Plan Map.  The application requires area variances from: Front yard setback - 75' required, 72'8" proposed; Side yard setback - 30' proposed, 25'6" prorposed ; and to alter a pre-existing non-conforming structure.  The proposed guest cottage will be attached to an existing structure and will have 1 bedroom.  No information is provided regarding the proposed wastewater treatment system or water service.  Stormwater management is proposed for the addition consisting of an infiltrative eave trench.

Waterkeeper Perspective:  The Waterkeeper is not opposed to the proposed guest cottage but feels NYSDOH regulations must be met and the existing onsite wastewater treatment system should be certified for the existing and proposed use. 

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals for September 2011.

Meeting:  The application was scheduled for the September 20, 2011 Town of Bolton Zoning Board of Appeals meeting.  At the meeting, the applicant stated the existing building was used for commercial purposes but will be used as a garage and guest house.  It was stated the proposed additiona will connect to an existing pump station and connect to the existing OWTS, whcih was designed for 4 bedrooms and contains a 1500 gallon septic tank.  The applicant stated there are 2 bedrooms and an extra room in the main house and the addition will add one more.  It was stated letter certifying the system was prepared by a licensed PE.  The ZBA apprvoed the variances with no conditions 7-0.   

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 11/11/11) 
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.

V11-37 - The applicant proposes to add a 180 sf deck off the existing porch.  The project is located in the RCH 5000 Zoning District and is designated Moderate Intensity Use on the Adirondack Park Land Use and Development Plan Map.  The project requires area variances for:  Front yard setbakc - 30' required, 24'9" proposed and to alterr a pre-existing, non-conforming strucutre.  The deck is proposed to cover an existing depression in ledge rock.

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.

V11-37 - The Waterkeeper is not opposed to the variance request bu recommends the variance be conditioned to prohibit the enclosure of any porch or deck for the use as living space. 

Waterkeeper Comments:  Verbal comments were made at the Town of Bolton Zoning Board of Appeals public hearing on November 17, 2009.    See comment letter to Town of Bolton Zoning Board of Appeals September 2011.

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.  

V11-37 - The applicatrion is scheduled for the September 20, 2011 Town of Bolton Zoning Board of Appeals meeting.  The application was tabled at the meeting due to a lack of representation. The application was heard at the October 18, 2011 Zoning Board meeting and the Board felt the variance request was justified due to safety conditions.  The ZBA granted the variance without any conditions, 5-0. 

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.

 RUSSELL (UPDATED 11/14/12)
Project Summary: Applicant proposes to construct a deck, stairs and grotto attached to an existing sxingle family dwelling located at 121 Norwood Drive (156.16-1-6).  The property is located in the RCM1.3 Zoning District and is designated as Moderate Intensity Use on the Adirondack Park Land Use and Development Map.  The project will require area variances from the Town of Bolton Zoning Board of Appeals for:  1) Front Yard setback - 50' required, 46' proposed; 2) Building length - 120' maximum, 155' proposed; and 3) Alter non-conforming structure.  The applicant proposes a 40'x40' stone pation with a sweeping staircase.  The pation would have a partial grotto underneath.  No stormwater management information was submitted wsith the application.  The existing structure has a 120 foot setback from the lake.  The patio is proposed where existing trees are located. The property has an extensive lawn to the lake without a shoreline buffer.  The applicant submitted a revised plan for the November 2012 meeting that included 4 screenoing trees and a dry well for the stormwater management system.  

Waterkeeper Perspective: The Waterkeeper is concerned about the lack of stormwater management provided, feels there are alternatives available to the applicant to reduce or eliminate the variance (such as relocate the patio and/or reduce the size), and recommends the installation of a shoreline buffer.   

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals October and November 2012.

Next Meeting: The application was heard by the Town of Bolton Zoning Board of Appeals at the October 16, 2012 meeting.  The Board was concerned about the size of the patio and the lack of alternatives provided.  There was questions about the size of the building, which the apaplicant stated was 138' and the Town stated it is 155'.  The Board expressed concern about the trees being removed and requested a landscaping plan.  The Board also requested information regarding the stormwater management plan and future phases.  The application was tabled.  The application was heard at the November 12, 2012 Zoning Board of Appeals meeting.  The Zoning Board expressed concern that items were not supplied as requested - alternatives, planting plan and detailed stormwater plan.  It was the opinion of the Board that alternatives were not reviewed and the applicant's request was excessive.  The Board denied the application (7-0).

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.  

SAGBOLT (SAGAMORE HOTEL) (UPDATED 2/14/12)
Project Summary (V12-01): The applicant seeks an PUD amendment to previous granted area variances V11-23 for the Sagamore Hotel located at 110 Sagamore Road (171.16-1-16).  The property is located in a PUD (Zoning District) and is desginated Hamlet on the Adirondack Park Land Use and Development Plan Map.  The applicant is seeking to convert and extend a hard roof and eliminate an awning to create balconies for the benefit of 3 hotel rooms above the dining deck and to berth the Morgan perpendicular to the shore immediately in front of the former boat museum rather than parallel to the shore.  The Morgan is proposed to extend 50' from the shoreline and extend into the channel along the western shoreline of Green Island. 

Waterkeeper Perspective: The Waterkeeper expresses concern about the proposed berthing of the Morgan due to impacts to the safety and welfare of boating in the area.  The Waterkeeper maintains a dock slip adjacent to the proposed berthing location and feels the Morgan will create safety issues due to screening and preventing visibility, especially with the numerous kayakers in the area.  In addition, the Morgan will force kayakers further into the channel creating increased conflict with motor boats.  The Morgan should be berthed parallel to the shoreline, which would have the least visible impact.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals for February 2012.

Next Meeting: Town of Bolton Zoning Board of Appeals scheduled the item for the February 14, 2012 meeting.  The item was tabled.

Waterkeeper Perspective: The Waterkeeper expressed numerous concerns about the proposed design:  the proposed design violated conditions of approval of the Town of Bolton Planning Board regarding the number of trees to be removed; the proposed design violated deed restrictions on Lot 2 for clearing in areas proposed to be undisturbed; the development of the site is segmented; the project will impact the environment with impervious cover close to the lake and reduced stormwater treatment; alternatives exist for the applicant other than an area variance; the application incorrectly justifies the variances by including the demolished building and the ZBA should seek a recommendation from the Town of Bolton Planning Board.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals for January & March 2012.  See comment letter to the Town of Bolton Planning Board February 2012. 

Next Meeting: Town of Bolton Zoning Board of Appeals heard the application at their January 17, 2012 meeting.  The Board expressed concern about the lot line adjust and possibly creating another variance for the future development of Lot 2; there was concern about the extent of tree removal for the proposed dwelling and there was concern about the conditions of approval by the Planning Board.  The applicant stated the site design was well balanced with consideration of tree removal for stormwater management and providing some screening in front and behind the proposed dwelling.  The Town of Bolton Zoning Board tabled the application and referred the application to the Town of Bolton Planning Board for recommendation.  FEBRUARY 2012 - The applicant submitted a lot line adjustment subdivision application to the Town of Bolton Planning Board placed on the February 16, 2012 agenda.  At the February Planning Board meeting, the Board expressed concern about future clearing for the revised lot 2 (which deed restrictions citing the Town of Bolton were proposed); concerns about stormwater management and the determination that the plan was considered a minor (initially a motion was proposed to determine the project as a major but rescinded when the Town Attorney stated only the ZA could make project determinations); discussion about the amount of tree clearing (which the applicant stated only one additional tree would be removed); concern about the overall length of the building as perceived from the lake; concern about the depth to bedrock and impact on stormwater management; and concern about screening along the lake.  The Planning Board recommended approval of the variances to the Zoning Board of Appeals with the conditions:  1) Stormwater review by the Town Engineer; 2) Permanent vegetation to remain along the lake: and, 3) Exterior lights to be downward facing and shielded - 6-1 vote. At the March 20, 2012 Zoning Board meeting, the applicant presented the same site plan and stated alot of the impervious cover would become pervious and the mass of the house would be moved away from the lake.  The Zoning Administrator determined the project was a minor stormwater project, minimizing stormwater treatment.  The applicant stated only 11 trees would be removed for the project  The Zonng Board of Appeals approved the variances with stating it as an improvement balancing the history of the property, the building was not a substantial size for the property and there were no adverse impacts with a 5-0 vote.  The Planning Board granted the lot line adjustment at the March 22, 2012 Planning Board meeting with the condition of site plan review for any proposed project on Lot #2.

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. 

SALVAGNI (UPDATED 5/18/11)
Project Summary:  The applicant proposes to expand an utility cabinet and have an enlarged pation remain and to construct a proposed dormer to a single family home at 166 Homer Point Road (186.15-1-42).  The property is located in the RM1.3 Zoning District.  The applicant removed an existing concrete sidewalk patio and replaced with an enlarged, blue stone patio with stone underneath.  The applicant claims the pation will improve the capture and infiltration of runoff, reducing runoff to the lake.  Variances are required for: 1) deficient setbacks - shoreline (75' required, 4' proposed) and side yard (20' required, 3' proposed) and 2) to alter pre-existing non-conforming structure in accordance with Section 200-57B(1)(b).

Waterkeeper Perspective:  The Waterkeeper opposes the variance since the pation expansion doubles the impervious cover within the shoreline setback and there are alternative available such as pervious concrete and pervious pavers to reduce stormwater runoff.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals for May 2011.

Next Meeting: THe items was scheduled on the agenda for the May 17, 2022 Town of Bolton Zoning Board of Appeals meeting but was tabled by the applicant.

SENESE (UPDATED 12/21/11)
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.

V11-30 Applicant proposes a 19.5' x 25' garage with storage above and requires variances for deficient setbacks: Front yard - 30' is required and 14' is proposed; Side yard - 8' is required and 7.2' is proposed; Rear yard - 15' is required and 6.5 ' is proposed.  The proposed garage is a larger thatn the 14'x20' shed apprvoed for a variance in 2010.  The applicant stated the variance was required for the garage based on the need for storage to become a year round resident. 

V11-36 - The applicant has revised the previosuly denied applicantion and removed 2 feet from the proposed garage and proposed the construction of a 17.5' x 25' garage with storage above and requires variances for deficient setbacks:  Front yard (30' required, 12' is proposed) and Rear yard (15' required and 9.25' proposed).  The applicant has removed one of the previous three variance requests.  No information provided for stormwater management. 

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.

V11-30 - The Waterkeeper did work with the applicant to design stormwater management (rain garden) for the previous structure that received a variance (14'x20' shed).  However, the rain garden was not constructed as designed and provided only 50% of the required volume.  The Waterkeeper was concerned with the increased garage size and lack of area available for stormwater treatment on site. 

V11-36 - The Waterkeeper is concerned about the ability of the site to manage and treat stormwater runoff and the lack of information provided as well as the need to discuss possible alternatives to the variance request. 

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals for June 2009 and September 2011.

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. 

V11-30 - The Town of Bolton Zoning Board of Appeals heard the variance request for the 20'x25' garage on August 16, 2011.  Some ZBA members questioned the size and allignment of the garage and felt there were alternatives that could reduce the requested variances.  Neighbors spoke out about the over building on lots in Congers Point.  A motion to grant the variances was made and the ZBA did not approve the motion 3-4 and the application was denied.

V11-36 - The application was scheduled for the September 20, 2011 Town of Bolton Zoning Board of Appeals meeting.  At the meeting, the applicant stated the building was reduced 2 feet in width, dropped one foot in hieght and realligned to eliminate the side yard variance.  A ZBA member stated the reduction was not acceptable and remains substantial with alternative available.  Another member stated the group of buildings would occupy 68% of the site.  A motion was presented to deny the application and was passed 4-3, so the application was denied.   The applicant submitted a revised application in November 2011 which eliminated the rear variance and proposed stormwater management.  After a request to seek an alternative location on the east side of the dwelling, the ZBA granted the variance at the December 20, 2011 meeting, 4-0.

SHELLI (UPDATED 11/30/11)
Project Summary: V10-54 SHELLI, PATRICIA. Represented by Bartlett, Pontiff, Stewart & Rhodes P.C. To alter non-conforming single family dwelling and storage building, specifically to allow a patio/retaining walls and storage building extension to remain, seeks area variance for deficient setbacks. 1) Storage Building: a) Side: 8’ minimum is required, 2.3’ is proposed, and b) Rear: 15’ is required, 1.2’ is proposed; and 2) Patio/Retaining walls: Sides: A total of 20’ is required, 1.5’ is proposed on the north side and -0.8’ is proposed on the south side as a portion is constructed on the neighboring parcel (171.11-2-22); 3) Lot coverage: 40% is allowed, 47.8% is proposed; and 4) To alter pre-existing non-conforming structure in accordance with Section 200-57B(1)(b). Section 171.11, Block 2, lot 21, Zone GB5000. Property Location: 11 Parkside Drive. Subject to WCPB review. See V09-16 for previous approvals.

2009 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.  The Waterkeeper expressed concern about the need for stormwater management on the property, the adequecy of the soils for infiltration due to supposed high groundwater, the need to reduce the impervious coverage on the site (building and parking areas) and the need to provide increased substantial plantings  

Waterkeeper Comments: See comment letters to the Town of Bolton Zoning Board of Appeals for June 2009 and December 2010 and January 2011.

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.  The Town of Bolton Zoning Bord of Appeals reviewed the modified variance application at their December 2010 meeting and tabled the application requesting additional information on the stormwater plan and site design.  The application was reviewed at the February 15, 2011 Zoning Board of Appeals meeting.  The applicant prepared a stormwater management plan by a licensed professional engineer, which consisted of eave trenches, infiltration trench and a rain garden, moved the retaining wall 2.4 feet from the property line and reduced the lot coverage variance to 45.3%.  The Town Engineer reviewed and approved the stormwater management plan, recommending the need for test pits prior to construction.  ZBA questioned the reasons for the original change and recognized neighborhood conditions.  The Zoning Board of Appeals approved the variance request 4-2 with the following conditions: 1) Stormwater system to be rereviewed after test pits are done in the spring.

SHMUCKLER (UPDATED 11/14/12)
Project Summary: The applicant proposes to alter a non-conforming single family dwelling/garage, specifically to construct a second story guest cottage above the garage for a property located at 4218 Lake Shore Drive (200.18-1-2). The property is located in the RM1.3 Zoning District and is designated as Moderate Intensity Use on the Adirondack Park Land Use and Development Plan. The project requires area variances from the Town of Bolton Zoning Board of Appeals for: 1) Side yard setback - 20' required, 17.3' proposed; and, 2) Alter pre-existing, non-conforming structure. The applicant proposes to raise the roof 6' to accomodate a second floor.  The existing house is only 50' from the lake.  The application included a revision to the existing onsite wastewater treatment system (OWTS) with a new 1000 gallon septic tank and expansion to the existing absorption bed.   No information was contained regarding stormwater management.

Waterkeeper Perspective: The Waterkeeper does not oppose the variance but requests stormwater management for the proposed addition as well as for the existing impervious cover and recommended a shoreline buffer.  The Waterkeeper metioned the Asian clam infestation and how the species thrives on nutrients as a filter feeder and it is in the best interest of the Town and applicant to reduce runoff. 

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals November 2012.

Next Meeting: The application was scheduled to be reviewed by the Town of Bolton Zoning Board of Appeals at the November 12, 2012 meeting. At the November 12 meeting, the Zoning Board did not oppose the application.  The Board asked questions about the existing OWTS and the expansion and the existing well location.  The Board asked about stormwater management and the applicant stated an eave trench would be installed.  The Zonng Board approved the variance with the condition: 1) Install stormwater management with an eave trench (6-0). 

SILLS (UPDATED 10/17/12)
Project Summary: The applicant proposes to alter a non-conforming single family dwelling, specifically to replace a sunroom for a property located a 48 The Mooring (213.17-1-23).  The property is located in the RCM1.3 Zoning District and is designated as Hamlet on the Adirondack Park Land Use and Development Plan.  The project requires area variances from the Town of Bolton Zoning Board of Appeals for: 1) Shoreline setback - 75' required, 70' proposed; and, 2) Alter non-conforming structure.  The applicant proposes to remove an existing screened porch constructed on piers and replace with a sunroom on a full foundation.  The plan does not propose to increase the footprint of the structure.  The project is located on relatively steep slopes that have mature vegetation.  No information was contained regarding stormwater management.

Waterkeeper Perspective: The Waterkeeper does not oppose the requested variance but requests stormwater management for the proposed replacement addition as well as for the existing impervious cover.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals October 2012. 

Next Meeting: The application was scheduled to be reviewed by the Town of Bolton Zoning Board of Appeals at the October 16, 2012 meeting.  At the October 16 meeting, the Zoning Board did not oppose the application but the runoff to the lake from the boat launch onsite was mentioned.  The application was approved 5-0.  No stormwater conditions were placed on the approval since there was no increase in impervious cover.    

SIMONSON (UPDATED 11/17/11)
V09-33 SIMONSON, RICHARD & VIVIAN. Represented by McPhillips, Fitzgerald & Cullum, LLP. For the construction of a proposed single family dwelling, seek area variance for 1) a deficient front yard setback. 30’ is required, 25’ is proposed, and 2) In accordance with Section 125-10B(2)(d), 100’ is required between infiltration devices and a wetland, 82.10’ is proposed. Section 186.18, Block 1, Lot 31, Zones RCH5000 & LC45. Property Location: Shallow Beach Road. Subject to WCPB review. Note: This item was tabled at the November meeting at the applicant’s request. 

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.  JULY 2011 - The application was significantly revised and the proposed house location was moved to the alternative location closer to Homer Point Road with access provided through the Carraige House Association.  The house size remained the same.  The onsite wastewater treatment system was proposed greater than 100 feet from the wetlands but deep test pits indicated 27" to seasonal high groundwater.  Stormwater management consisted of cisterns with drip lines for infiltration.  The plans were futher revised in October 2011to relocate the proposed OWTS to increase the separation to wetlands and check dams were added to the stormwater management grass swale.  Additional soil investigations were provided for the OWTS but no additional information provided for the stormwater system. 

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.

JULY 2011 - The Waterkeeper supported the revised house location but had concerns about:  limited depth to seasonal high groundwater, which appeared to require a fill system; a determination whether a wastewater variance was required for a fill system within 1,000 feet of Lake George; lack of test pit information for the stormwater management system; the proposed grass swale should be modified into a rain garden; and the surfacing of groundwater due to grading should be addressed. 

NOVEMBER 2011 - Concerns of the Waterkeeper remain despite the relocation of the proposed OWTS including:  failure to provide soil investigations for the stormwater management system; need for additional details for the cistern system regarding the drip lines; and percolation tests for the OWTS. 

Waterkeeper Comments: See comment letter to the Town of Bolton Planning Board October 2009 and July and November  2011.

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. JULY 2011 - The project is proposed for Site Plan Review by the Town of Bolton Planning Board at their July 21, 2011 Planning Bord meeting but was tabled by the applicant.  The project was revised to address comments of the Town Engineer, who has issued an approval letter.  The application is scheduled for review by the Town of Bolton Planning Board at the November 17, 2011 meeting.

SISCA (UPDATED 11/30/11)
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.  Applicant 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 letters to the Town of Bolton Zoning Board of Appeals for November 2009 and March 2010 and June 2011.

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 and that the stormwater management that was installed was functioning properly and tested by an engineer.
Match 16, 2010 ZBA meeting: Zoning Administrator stated that minor stormwater management was not needed as the applicant was not creating more than 1000sf of new impervious surfaces.  Also stated that the septic tank (undersized at 1000gpd "...will be taken care of..." (a 1250gpd tank is minimum size necessary).  Application was approved as presented with NO conditions (Waterkeeper recommended compliant stormwater management, OWTS design, shoreline buffer and restriction of fertilizer and pesticide use on the property).  

SISCA & SISCA (UPDATED 9/10/12)
Project Summary: Applicant seeks to develop an existing lot in Pioneer Village (lot 15) and requires variances from the Town of Bolton Sanitary Code for a property on Cottage Lane (156.20-1-26). The property is located in the RCM1.3 Zoning District and is designated as Moderate Intensty on the Adirondack Park Land Use and Development Map. A variance is reqested for:  1) separation distance from well - 100' required, 56.7' proposed; 2) Grade for absorption bed - 8 maximum, 28% existing; 3) Grade under absorption trenches  - 15% maximum, 20% existing; 4) Side yard setback - 10' required, 1' proposed; and 5) Lot area required for septic system - 20,000 sf required, 9,583 existing.  The applicant proposes to construct a 3 bedroom dwelling on a lot that was approved as part f the Pioneer Vilage subdivision in the 1970s.  The applicant is proposing a peaet filter system with two separate disposal fields - absorption bed under the peat filters andan eljen system trench.  The lot has steep grades present (>20%). 

Waterkeeper Perspective: The Waterkeeper expressed concern about the ability of the own of Bolton Board of Health to grant approvals from the NYSDOH Appendix 75A regulations and the impact of grading and construction on the steep slopes to the soils treatment capacity. 

Waterkeeper Comments: See comment letter to the Town of Bolton Board of Health August 2012.

Next Meeting: The Town of Bolton Board of Health placed the application on the August 7 2012 agenda for review.  The Town Board stated the Town Engineer did not recommend approval for the variance request and recommended holding tanks.  The applicant failed to attend the meeting but the Town Board opened the public hearing. The HOA expressed concern about the placement of the well for the  proposed dwelling on common property, historical decisions regarding separation distances to wells, and town engineer's concerns. The application was tabled pending the applicant to attend a future public meeting.   

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.

STEWARTS SHOPS (UPDATED 11/11/11)
Project Summary: Applicant seeks to construct two proposed additions, patio, covered entryway and pergola for the existing store located at 5004 Lake Shore Drive (171.15-3-24). The property is located in the GB5000 Zoning District and is designated Hamlet on the Adirondack Park Land Use and Development Plan. A variance is requested for deficient parking, 6 additional spaces is required and 3 additional spaces are proposed.  The applicant stated the store has outgrown the existing cooler and freezer and requires expansion.  An additional bathroom is requested to accomodate the public and outdoor seating is proposed.  Parking is limited to the front of the building due the narrowness of the lot and the rear of the building has a lower elevation with possible wetland present.  The applicant stated stormwater management is present on site and consists of an oil-water separator and drywell, requested by the Planning Board.

Waterkeeper Perspective: The Waterkeeper expressed concern about the stormwater management present and existing pollutant load and recommended additional stormwater management.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals October 2011.

Next Meeting: The Town of Bolton Zoning Board of Appeals heard the application at their October 18, 2011 meeting.  Board members expresseed concern about the traffic congestion at the existing facility and impacts from expansion.  The Board members asked about extending parking into the rear of the building.  The applicant stated it would not be feasible due to the limited space along the side of the building restricting 2 way traffic and the 15' elevation difference.  The Board granted the variance stating it was not substantial with the conditions to provide a minor stormwater management plan for the building to the greatest extent practicable, 5-0. 

STREIGEL (UPDATED 10/23/12)
Project Summary: Applicant proposes stream crossings associated for timber harvesting on aproject locatd at the intersection of Finkle Brook Road and Edgecomb Pond Road (156.00-1-59.5).  The property is located in the LC25 Zoning District and is designated as Rural Use on the Adirondack Park Land Use and Development Map.  The property is 77 acres and 60 acres are proposed for harvesting.  It has been approximately 25 years since the past harvest.  Majority of the timber to be removed will be pine.  A total of 5 stream crossings are proposed - 1 of Finkle Brook (bridge) and 3 on intermittent streams.  Wetland are present on site.  A 50' equipment setback will be provided on Finkle Brook and 25' equipment setback on the intermittent streams.  Lake Georg Forestry prepared the plan and will remain on the project as supervisor.   

Waterkeeper Perspective: The Waterkeeper has concerns regarding:  need for 75' Buffer along Finle Brook and itermittent streams; minimize the number of stream crossings; details for stream crossings lacing; and need for restoration infomation. 

Waterkeeper Comments: See comment letter to the Town of Bolton Planning Board October 2012.

Next Meeting: The Town of Bolton Planning Board reviewed the application at their October 18, 2012 Planning Board meeting.  The Board asked questions about the header location, and site access.  The Planning Board approved the application (7-0) with conditions: 1 Licensed Forester to supervise harvest and 2) Perform harvest during winter.   There was no discussion of the comments raised by the Waterkeeper.  

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.

THE POINT  (UPDATED 5/11/11)
Project Summary:   Applicant seeks to install a new onsite wastewater treatment system to service the existing tourist resort located at 4802 Lake Shore Drive (186.07-1-9).  The property is located in the GB 5000 Zoning District and is located in the Hamlet District )Adirondack Park Land Use Designation).  The system will consist of septic tanks, pumping station, peat filter modules and an absorption bed for disposal.  The system will be sized for a total of 990 GPD, based on 110 gpd/bedroom.  There is a total of 9 bedrooms in the 7 cabins.  The water supply is municipal.  The system is a replacement system for the current failing system.  The proposed system requires 4 variances:  side property line setback (10' required - 0' proposed); side property line setback (10' required - 0' proposed); shoreline setback (100' required - 55' proposed); and separation to seasonal high groundwater (5' required - 2' proposed).  The applicant stated the proposed plan had received approval from the NYSDOH>

Waterkeeper Perspective:  The Waterkeeper has concerns about the soils in the vicinity of the proposed absorption bed where a driveway is currently located; incorrect depth to groundwater (actual depth of 1.3 stated on drawings); concentrated effluent dispersion reducing effectiveness; need for increased septic tank size; need for water reduction fixtures verification; and need for stormwater management plan for relocated driveway.

Waterkeeper Comments:  See comment letter to the Town of Bolton Town Board May, 2011.

Next Meeting:  The Town of Bolton Town Board held a public hearing on requested variances on May 3, 2011.  The Town Engineer had approved the project.  After public comment and discussion by the Board, the Town Board granted the variances with the following conditions: 1) owner to submit an annual inspection report; 2) low flow fixtures are to be installed in all cabins; 3) no laundry to be done on premise; and 4) A stormwater management plan is to be prepared for the driveway and no flow off site that was not there prior to construction.

TONN (UPDATED 1/19/12)
Project Summary: Applicant seeks to alter an existing single family dwelling specifically to add a proposed 2 story addition and attached garage with storage above located at 31 T.L.V. Road (185.19-1-21).  The property is located in the RCL3 Zoning District and is designated as Low Intensity Use according to the Adirondack Park Land Use and Development Plan Map.  The applicant requests the following variances: 1) Front yard - 50' required, 33' proposed; and, 2) To alter a non-conforming structure.  Tha applicant states the family has outgrown the single bathroom and kitchen and more space is required.  The applicant stated he is not adding bedrooms so the septic is okay.  He added that has only had to clean the tank once in 20 years.  The applicant stated the is limited room for expansion and cannot expand to the rear due to the septic.  No stormwater management was proposed for the project.

Waterkeeper Perspective: The Waterkeeper was not opposed to the variance but recommended the septic system be certified and provide a stormwater management plan.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals January, 2012.

Next Meeting: The Town of Bolton Zoning Board of Appeals heard the application at their January 17, 2012 meeting.  The Board inquired about feasible alternatives, which there were none.  The Board was concerned about the septic system.  The Zoning Board of Appeals approved the application with conditions:  1) Provide a minor stormwater management plan; and 2) Have the septic system inspected.

TRUBILT, INC. (UPDATED 10/21/10)
Project Summary:   Applicant seeks to construct a single family dwelling on Lot B of the Alpine View Subdivision located off Coolidge Hill Road (185.00-2-35.3).  The project is located in the LC 25 Zoning District.  The project requires Type II Site Plan Review.  The dwelling will be serviced by an onsire wastewater treatment system with water supply from a well.  A major stormwater management plan has been prepared with infiltration basin proposed.   

Waterkeeper Perspective:  The Waterkeeper has the following concerns regarding the project: the perrcolation rates differ from the approved subdivision plan; no soil investigations were performed in the location of the proposed OWTS; the system does not comply with the Town of Bolton Sanitary Sewage Disposal Ordinance requirements for fill system in relation to installation on slopes greater than 10% and separation to groundwater; the system should be designed for 5 bedrooms; no soil investigations were provided in the area of the proposed stormwater management system as required; the plan does not meet the requirements for cold climate conditions of 10% of infiltration surface area below the frost line; and the recommendation of installing rain gardens.

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

Next Meeting:    The orignial application was approved at the September 16, 2010 Planning Board meeting and the applicant subsequently modified the dwelling.  At the October 21, 2010 Planning Board meeting, the Planning Board acknowledged the comments by the Waterkeeper regarding the lack of soils investigations but the Zoning Administrator stated the Town Engineer approved the plan.  The Planning Board unanimously approved the site plan. 

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.

Waterkeeper Perspective: The Waterkeeper supports sustainable timber harvesting and the recommendations of the Warren County Soil & Water Conservation District.

Waterkeeper Comments: See Waterkeeper comment letter to the Town of Bolton Planning Board January 2011.

Next Meeting: The application is on the January 20, 2011 Town of Bolton Planning Board agenda.  At the January 20, 2011 Planning Board meeting, the Board approved the application with two conditions:  1) Maintain a 100 foot buffer from Indian Brook, streams and wetlands and 2) Timber harvesting to be done in wintertime. 

 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. 

VILLENEUVE -  (UPDATED 8/17/11)
Project Summary: Applicant proposes to alter two pre-existing non-conforming buildings located at 16 Parkside Drive (171.11-2-25).  The project is located in the GB5000 Zoning District (Hamlet Land Use Designation).  The applicant proposes to alter the existing single family dwelling by raising the roof 6 feet with minor architectural changes and plans to maintain the existing structure which requires the following variances: shoreline setback (50' is required and 34' proposed from Lake George and 11' from Finkle Brook), front setback (30 is required, 1' proposed) and to alter a pre-existing non-conforming structure in accordance with 200-57B(1)(b).  The applicant alos proposes to alter the existing garage by constructing a second story living area with architectural changes and requires the following variances: shoreline setback (50' is required, 10' proposed to Finkle Brook), rear setback (15' is required, 0.5' proposed) and to alter a pre-existing non-conforming structure in accordance with 200-57B(1)(b).  The applicant has requested not to submit landscape plans at this time.  The intent is to have the applicant utilize the dwelling during renovations.  There is no HOA to obtain approval though.  A 18" high stone wall was incorporated as a landscape feature and claims not to be a structural item.  August 2011 - The applicant submitted a landscape plan for shoreline buffer, though not continuous.  The applicant has removed the proposed expansion of the garage/cottage along Finkle Brook but is not proposing to relocate the structure.    

Waterkeeper Perspective: The Waterkeeper has concerns regarding the need to provide a shoreline buffer along Finkle Brook and Lake George, the need to reduce lot coverage, a determination if the stone wall is a structure and requires a variance, the amount of impervious cover on the property and a lack of stormwater management. 

Waterkeeper Comments:  See comment letter to the Town of Bolton Zoning Board of Appeals January, July and August 2011.

Next Meeting: The Town of Bolton Zoning Board of Appeals reviewed the application at their February 15, 2011 meeting.  There was a concern about the need for information on landscaping and stormwater management as well as possible relocation of the garage/cottage from the northern property line.  In addition, information was required on the proposed landscape wall.  The Zoning Board of Appeals tabled the application requesting additional information - landscape plan and a stormwater management plan to be reviewed by the Town Engineer.  The applicant revised the submission and included a stormwater management plan.  The application was heard at the July 19, 2011 Zoning Board meeting.  ZBA members questioned why a landscape plan was not included and expressed concern about the need for a vegetative buffer.  The Board also expressed concern about the expansion of the garage/cottage.  The application was tabled for additional information.  The application was discussed at the August 16, 2011 ZBA meeting, the applicant discussed the proposed landscape plan that would contain a series of rain gardens for stormwater treatment.  The applicant also decided to remove the proposed second floor from the garage/cottage expansion.  In addition, the small landscaping retaining wall was removed.  The requestred variances for the modified plan were approved 7-0.

VITALE - (UPDATED 12/21/11)
Project Summary: Applicant proposes to alter a non-conforming single family dwelling located at 64 Millstone Drive (185.20-1-22).  The project is located in the RCL3 Zoning District and is designated Low Intensity Use on the Adirondack Park Land Use and Development Map.  The applicant proposes to add 58 square feet to the dining area, 170 square feet for a family room and 202 square feet for a new porch and requires area variances for the following:  1) Rear Setback - 30' required, 0' proposed; 2) Shoreline - 75' required, 49.9' proposed; 3) Side - 30' required, 7' proposed; and, 4) Alter a pre-existing, non-conforming structure.  The existing dwelling is a single story structure near the shoreline of Trout Lake.  The dwelling is part of an existing community wastewater treatment system.  There are no additional bedroom proposed with the addition and water saving fixtures are proposed, which will reduce wastewater.  There is no stormwater management evident at the property.  The property consisits of a lawn with no buffer present, just a couple of trees. 

Waterkeeper Perspective: The Waterkeeper has concerns regarding the lack of a stormwater management plan and recommends the installation of a shoreline buffer.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals December 2011.

Next Meeting: The application is on the agenda for the Town of Bolton Zoning Board of Appeals on December 20, 2011.  At the meeting, the Board stated the application would require APA review for a shoreline variance.  The applicant stated there were no other alternative for the proposed addition since the dwelling exists in all setbacks.  The ZBA granted the variance with the condition of preparation of a minor stormwater management plan.

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.  Upon review of the final plans, the concerns of the Waterkeeper remained the failure to comply with the Town Code on the required frontage for "F" lots.  The Waterkeeper contacted the applicant to discuss recommendations for the site desgin including redirecting stormwater conveyance swales and additional plantings in the infiltration basins.

Waterkeeper Comments: See comment letter to the Town of Bolton Planning Board for June 2010.  The Waterkeeper submitted two requests for determination from the Zoning Administrator regarding the required frontage for "F" lots, which were never responded to.

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.  The Town of Bolton Planning Bord reviewed the final subdivision and stormwater plan at their February 17, 2011 meeting.  The Waterkeeper rainsed the question of the "F" lot required frontage which the Town Attorney stated was not well defined in the Code and therefore, was not applicable.  The Planning Board approved the project and stormwater management plan. 

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.

 WHITNEY (UPDATED 1/19/12)
Project Summary: Applicant proposes to allow a retaining wall to remain within the shoreline setback for a recently constructed single family dwelling located at 25 Fish Point Road (200.07-1-4).  The property is located in the RM1.3 Zoning District and designated Moderate Intensity Use on the Adirondack Park Land USe and Development Plan Map.  The applicant is seeking an after-the-fact variance for a shoreline setback - 75' required, 50' proposed.  The applicant recently reconstructed a dwelling and relocated the dwelling outside the shoreline setback.  During construction, ledge rock was encountered and the house was raised.  The blasted rocks were installed as planting beds around the house and were thus considered retaining walls as per the Town of Bolton Code and the APA regulations.  The planting beds were mulched and contain shrubs and perennials. 

Waterkeeper Perspective: The Waterkeeper inquired about the existing stormwater management system.  The Waterkeeper was not opposed to the variance and supported the use of the rock wall to create a rain garden for stormwater management.  The Waterkeeper suggested improving the shoreline buffer for the property.

Waterkeeper Comments: See comment letter to the Town of Bolton Zoning Board of Appeals  January 2012.

Next Meeting: The Town of Bolton Zoning Board of Appeals reviewed the application at their January 17, 2012 meeting.  The applicant stated the Town did not require stormwater management for the project.  The application was approved without conditions stating the project would have environmental benefits by providing stormwater retention.

WRONOWSKI (UPDATED 3/23/11)
Project Summary: Applicant proposes the redevelopment of an existing single family residence on a 1.53 ac parcel located at 31 Braley Point Road (171.08-1-10.2).  The property is located in the RCM1.3 Zoning District and Moderate Intensity (Adirondack Park Land Use Designation).  The existing single family residence has a 1340 sf footprint and it will be replaced with a 4220 sf single family home.  The residence will utilize and existing onsite wastewater treatment system size for 4 bedrooms and utilize an existing onsite well.  The project is a major stormwater management plan disturbing 22,000 sf.  Stormwater will be managed through infiltration under pervious pavement installed in the driveway and in infiltration chambers under the patio, which will be constructed with pervious paver blocks.  Three rain gardens are proposed down gradient of the residence but were not included in the infiltration calculations but are installed for final treatment practices.  Two of the three rain gardens are located within 100 feet of Lake George.  

Waterkeeper Perspective: The Waterkeeper is concerned about the failure to manage stormwater from the existing impervious surfaces as required by the Town Code, the construction of infiltration beds into bedrock, the placement of infiltration devices within 100 feet of Lake George, failure to provide adequate filter media in the rain gardens, lack of floow plans for the basement and recommends a restriction on the use of fertilizers and pesticides.   

Waterkeeper Comments: See comment letter to the Town of Bolton Planning Board for March 2011.

Next Meeting: The Town of Bolton Planning Board reviewed the application at their March 17, 2011 Planning Board meeting.