Minutes of the Town of Lake George Planning Board meeting held on August 14, 2018 at 6:00 p.m., at the Town Center, 20 Old Post Road, Lake George, New York. Members Present: Members Absent: Also Present: others. Sean Quirk, Chairman Fred Pape, Vice Chairman Heath Mundell Nathan Hall David Meixner Robert Flacke, Richard Askew Dan Barusch, Adele Behrmann, Jon Lapper, Esq., Mike Lanfear, Kurt Koskinen, John Carr, Joan Carr, Brandon Ferguson, Corinna Martino, Dennis MacElroy, Michael & Heather O Connor and Chairman Quirk opens the meeting at 6:00 p.m. A motion is introduced by Heath Mundell; seconded by Fred Pape to accept the minutes of the July 10, 2018 meeting in the record. 1. Application for Site Plan Review SPR13-2018 submitted by Dennis L. Dickinson with Jon Lapper, Esq. as agent, with a proposal to replace an existing structure with a new 28 ft. x 60 ft. single family dwelling, adding a 30 ft. x 50 ft. storage building to the northern part of the property with a new driveway and a new septic system; for property located at NYS Route 9. Tax Map No. is 238.17-1-8. Lot size is 1.62 acres. Zoning Classification is RCM-1. Code references are 175-34 & 175-37. APA Project Class A. SEQRA Type II. Jon Lapper, Esq. updates the Board of the fact that they were granted a minor setback variance by the Zoning Board and reiterates that the replacement of the current structure is needed since it is currently in disrepair and its size is very small. Chairman Quirk opens the meeting to the public with no response. A motion is introduced by Heath Mundell; seconded by Fred Pape to close the public hearings. Nathan Hall asks whether the APA will have to review the application, Jon Lapper responds that it isn t clear yet. The concern is whether or not the septic is 100 ft. away from the wetlands on the other side of the stream and although the belief is that the distance is over 100 ft., the APA will verify it. Dan Barusch adds that the Board has two options; if the Planning Board Minutes P a g e 1 August 14, 2018
APA deems the application as non-jurisdictional, an approval from the Board would be a conditional approval ; if it is deemed jurisdictional, then an approval from the Board will be viewed as an advisory recommendation to the APA. The field visit conducted by the APA will look at the wetlands to the north only since the wetlands by the cottage were reviewed two years ago. Ultimately, the APA will inform all parties of their determination. Dan Barusch continues by stating that the applicant received an approval by the Consolidated Board of Health two years ago because of the Eljen s septic system proximity to adjacent property lines and that the updated site plans showing the limits of disturbance, topography around the cottage and updated features were submitted by the applicant and distributed to the Board Members for their review. The clearing limits proposed for this project are below 15,000 sq. ft. which make it a minor stormwater management project thus based on the calculations the eave trench for the cottage and the shallow basin for the Morton building are appropriate in this case. Should an approval be given by the Board, any concerns with slopes, etc. can be mitigated by requiring that a double silt fence, silt socks or something special to protect the stream should be used. The Board questions the stone wall on the new plans; Dan Barusch replies that it is new and was just added on. Fred Pape reads the application into the record. A motion is introduced by Heath Mundell; seconded by Nathan Hall to accept the application as read. A motion is introduced by Heath Mundell; seconded by Fred Pape to approve SPR13-2018 with the following condition: The approval is subject to APA jurisdiction. If the project is deemed a Class A Project, this resolution will act as an Advisory Recommendation. If it is deemed non-jurisdiction, this resolution will act as the Planning Board approval. Ayes: 5 Hall, Mundell, Pape, Meixner, Chairman Quirk Nayes: 0 Abstain: 0 2. Application for final plat for Major Subdivision SUB8-2018 submitted by Landcrafters, LLC (John Carr) with Dennis MacElroy as agent, proposing a subdivision of 98.07 acres into 6 residential lots. The smallest lots to be 5.013 acres, the average lots to be 16.35 acres and the largest lots to be 57.168 acres. The lots will have individual onsite wastewater systems and drilled wells; for property located at Truesdale Hill Road. Tax Map Nos. are 238.00-1-31.11, 225.00-1-60.1 & 225.00-1-60.2. Total acres are 98 +/- acres. Zoning Classifications are RR-5 & RR-10. Code References are 150-9, 150-14 & 150-29. SEQRA is Unlisted. Dennis MacElroy with Environmental Designs is representing Landcrafters, LLC. He begins by stating that they received the preliminary subdivision approval in December of 2017 and have now returned to address comments from the public and receive final approval. Some modifications have been made to the layout submitted in December namely the reduction of the driveway access from 4 individual driveways to a common driveway that serves the six lots; secondly some of the house locations were changed in order to cut back on the amount of disturbance. They have been working Planning Board Minutes P a g e 2 August 14, 2018
with DEC on the SWPPP (stormwater pollution prevention plan), the SPDES (State pollutant discharge elimination system) as well as the final plat s conformity with the approved preliminary plat. Chairman Quirk informs the applicant that comments were received from Chris Navitsky, the Lake George Waterkeeper and he agrees with some of his comments; Dennis MacElroy confirms that they also read the comments. Chairman Quirk s biggest concern is the visibility of the houses on the ridge line and expresses his desire to keep these homes from being visible from the lake. He then asks the applicant if they have specific house locations on the map or will this option be left up to a buyer to choose. Dennis MacElroy response is not clearly audible due to background noise however he states that since this is a subdivision, ultimately the choice will be left to a buyer understanding that each lot will have to go for site plan review, if this review is warranted, and obtain approvals by the Planning Board first. Nathan Hall doesn t feel confident that these lots will come back for site plan review and believes that the final plat should at this point be binding therefore he feels that now is the time to thoroughly look at the impact that 6 houses will have. Chairman Quirk agrees and states that even though he walked the site, he had no idea that these homes would be at the crest. He then questions the grade of the driveways; Dennis MacElroy replies that Chazen picked up on one drive being above 12% grade. Dan Barusch adds that as per his measurement the shared drive that crosses lot 4 is at 12% grade which in this particular case is permissible; he doesn t foresee any issues with dedicating the road to the Town due to the simplicity of the road. A submission was made to the Fire Department for their review on the accessibility of the road by emergency vehicles, but no comment has been received as of yet. Heath Mundell asks if the presentation of the houses to a prospective buyer will be based and designed specifically just for the view shed including the mountains; Dennis MacElroy replies that the most important concern is finding a buildable spot on a lot; the view shed is only one part of the equation. Chairman Quirk opens the meeting to the public with no response. The architectural designs and colors of the houses will reflect the Adirondack style and as for a conservation easement or open space, John Carr states that none are planned since wetlands encompass a large portion of the property and are strictly protected and regulated by the APA. A brief conversation ensues among the Board Members concluding with their belief that once the lots are sold, the buyer will decide the location of the house however Dan Baruch adds that the Board can issue a conditional approval requesting that no houses are to be built on the crests or hills since the provision prohibits homes built on crests or ask the applicant to update the locations of the homes. Chairman Quirk asks if a house location simulation can be obtained, Dan Barusch adds that a simulation is only necessary if the applicant agrees on moving the houses locations. Chris Navitsky s letter has some information and facts that need to be corrected as follows: This is only a 6 lots subdivision. Houses on lots 1 & 6 will not be visible from the lake; the location of lot 4 is slightly passed the crest. Lots 2, 3 and 5 are all on crest locations. Nathan Hall expresses his concern that in the future each individual house will come in for site plan review for the architecture and the location however the Board will not have the opportunity to see what impact that will have as a whole. Dennis MacElroy understands the Board s concern however finding a best location for a house is important but moving it downgradient is not necessarily a good solution. Dan Barausch informs Dennis that there is clearly a regulation that prohibits the building of houses on a crest or ridge and another option might be to move the locations closer to the circle. John Carr adds that he is compromising by building only 6 houses rather than 14 on the 100 acres and adds that having trees behind a house on the ridge will mitigate the visibility from the lake. The site has slopes and Planning Board Minutes P a g e 3 August 14, 2018
wetlands leaving limited options for house locations in addition to stormwater systems, septic systems and driveways locations. His preference is to keep the houses together rather than spread them out all over. He is reminded by Heath Mundell that the Board s intent is to make sure that there is no disruption to the ridge line while his second option is to have the houses locations changed. Fred Pape adds that he is uneasy about the amount of clearing necessary to accommodate the houses, driveways etc. and feels that as a condition of approval, the applicant should submit additional, more specific information; Dan Barusch replies that once the applicant receives the SPDES permit, they can only clear up to what up to and not beyond the area shown on the map. The plan is to put in the road and driveways first which is typical of subdivisions and it is the preferred method by the Town. Dan Barusch continues by stating that if the Board requests to change the house locations then the SPDES and SWIPP numbers will also change and new maps will have to be submitted, however if after a simulation, the Board is comfortable with the current house locations then the applicant can start clearing to the parcel as shown on the map. Chairman Quirk states that he would personally like to see the house locations on the ridgeline changed. Nathan Hall asks to get some information via simulation on the visibility of the homes; the remaining members agree however, Dennis MacElroy feels that a simulation is not going to be effective. After a brief discussion, the Board decides to leave the public hearing open. A motion is introduced by Nathan Hall; seconded by Fred Pape to keep the public hearing open and table the application per the following: the The applicant shall continue to address Chazen s comments. The applicant shall either move the house locations on the plat or provide a photo survey/visual simulation for ridgeline development. Applicant shall host an on-site meeting with the Board Members. Ayes: 5 Hall, Mundell, Pape, Meixner, Chairman Quirk Nayes: 0 Abstain: 0 Dan Barusch asks the Board Members if they prefer a simulation, meet at the site or get photographs from different locations. Dennis MacElroy prefers to discuss it with John Carr and produce a submittal for the October meeting since if the decision is made to move the houses locations, then a simulation, photographs, etc. will not be necessary. After a brief discussion it is agreed that each Board member individually will visit the site with John Carr. Planning Board Minutes P a g e 4 August 14, 2018
3. Application for Site Plan Review SPR15-2018 submitted by Michael & Helen Ravalli with Corinna Martino as agent with a proposal to construct a 3 bedrooms single family dwelling with attached garage, driveway, stormwater devices and connection to municipal sewer and water; for property located at Michelli Road. Tax Map No. is 264.08-2-19. Lot size is 0.50 acres. Zoning Classification is RH (Residential High Density). Code References are 175-37 & 148-11. SEQRA is Type II. Corinna Martino, as agent for Mike and Helen Ravalli, begins by stating that they received the comments letter from Chazen and she is working on addressing their concerns; she then goes over the project by directing the Board to a map showing their visually showing their proposals as follows: area. The north side of the property slopes toward the road therefore a vegetative low swale is proposed in this The garage will be two to three feet lower than the main portion of the house. A small sitting deck is also proposed. (The remainder of the comments are not clearly audible). Chairman Quirk comments on how detailed and complete the application and attachments are. Dan Barusch confirms that because of the slopes, a major stormwater design is necessary for this project which has been reviewed by Chazen resulting on a short response by them. Chairman Quirk questions the limits of clearing on the site; Corinna Martino replies that the clearing has already been done and there are no plans to take down more trees. Dan Barusch informs her that the Village will instruct them on tying into the municipal sewer and water whenever they are ready to do so. Fred Pape reads the application into the record. A motion is introduced by Heath Mundell; seconded by Nathan Hall to accept the application as complete. A motion is introduced by Nathan Hall; seconded by Heath Mundell to approve application SPR15-2018 with the condition that a stormwater sign off would be obtained by Chazen. Ayes: 5 Hall, Mundell, Pape, Meixner, Chairman Quirk Nayes: 0 Abstain: 0 4. Application for Site Plan Review SPR16-2018 submitted by Michael & Heather O Connor with Kurt Koskinen as agent, with a proposal to conduct commercial timber harvest; on property located off Route 9. Tax Map No. is 237.00-2-5. Lot size is 196 acres. Zoning Classification is LC-50. Code Reference is 175-15. SEQRA is Unlisted. Chairman Quirk announces that he was going to recuse himself for this project but will not do so due to the fact that there are few members on the Board. Planning Board Minutes P a g e 5 August 14, 2018
Kurt Koskinen begins by stating that the reason for requesting timber harvest on this parcel is because the last time it was harvested was 25 to 30 years ago. The property is 95 acres but only 25% of the trees will be harvested. There is an intermittent, unclassified stream through the property therefore a buffer will be used on both sides for stream protection as mandated by DEC. The actual harvest will be done in the summer or fall and it will take approximately two years to complete. The applicants have been working with DEC to get the appropriate permit to access the site from Route 9 and a copy of the approval has been received by Dan Barusch. There are skid trails as well as a landing area and a header currently on the property as shown on the aerial map with the application and Dan Barusch informs the Members that he has obtained a copy of the deed showing the access easements from National Grid and other property owners in addition to the permit from DEC for the bridge and the stream crossing. He is, however concerned with the weight loading the timber the bridge would sustain through the logging process which could get up to 100,000 lbs. at a time and suggests to have an engineer review it. Kurt Koskinen replies that he has used these types of bridges before and is confident that this particular one will sustain the weight mainly due to the fact that it is a short bridge and only 25% of a loading truck will be on it at any time. Nathan Hall asks how close the timber harvest is to the adjacent property lines; Kurt replies that the site is clearly marked but he instructs his men to leave a tree standing if it looks as though it may fall on the neighboring property. Fred Pape reads the application into the record. A motion is introduced by Heath Mundell; seconded by Nathan Hall to accept the application as read. Fred Pape reads portions of Part I and the complete Part II and III of the SEQRA (a copy is attached). A motion is introduced by Nathan Hall; seconded by Fred Pape to issue a Negative SEQRA Declaration. Ayes: 5 Hall, Mundell, Pape, Meixner, Chairman Quirk Nayes: 0 Abstain: 0 A motion is introduced by Heath Mundell; seconded by Fred Pape to waive the public hearing. Planning Board Minutes P a g e 6 August 14, 2018
A motion is introduced by Heath Mundell; seconded by Nathan Hall to approve Site Plan Review SPR16-2018 as submitted. Ayes: 5 Hall, Mundell, Pape, Meixner, Chairman Quirk Nayes: 0 Abstain: 0 A motion is introduced by Chairman Quirk; seconded by Fred Pape to adjourn the meeting at 7:34 p.m. Respectfully Submitted, Adele Behrmann Planning & Zoning Clerk Planning Board Minutes P a g e 7 August 14, 2018
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