Town of BoltonSEQR = State Environmental Quality Review

PLANNING BOARDPB = (Town of Bolton) Planning Board

MINUTESWCPS = Warren County Planning Staff

Thursday May 17, 2012APA = Adirondack Park Agency

6:00 p.m.LGPC = Lake George Park Commission

DEC = Department of Environmental Conservation

Present- Herb Koster, Henry Caldwell, Chauncey Mason, John Gaddy, Donald Roessler, Sandi Aldrich, Gena Lindyburg, Kirk VanAuken (as a non-voting member), Zoning Administrator Pamela Kenyon and Counsel Michael Muller

Absent- None

The meeting was called to order at 6:05 pm.

Herb Koster asked if there were any changes or corrections to the May 17, 2012 minutes.

RESOLUTION

Motion by Gena Lindyberg to approve the May 17, 2012 minutes as written. Seconded by John Gaddy. Henry Caldwell and Chauncey Mason abstained. All Others in Favor. Motion Carried.

1. SPR12-16 CANTRELL, ELLEN. Seeks Type II Site Plan Review for an agricultural use. Specifically to house 10 chickens. Section 186.00, Block 1, Lot 41, Zone RL3. Property Location: 32 Brookside Parkway. Subject to SEQR.

Ellen Cantrell stated that she has an existing building on the property that she would like to convert to a chicken coop. She plans to house 10 chickens for personal use. John Gaddy asked if there were going to be any roosters. Ellen Cantrell replied no.

Gena Lindyberg asked if the building meets the zoning code. Ellen Cantrell stated that it is 5’ x 7’ existing building on the property.

RESOLUTION

Motion by John Gaddy to accept SPR12-16 as complete, waive a public hearing, and having met the criteria set forth in the code, grant final approval of the project as presented with the following condition: 1) the applicant is not allowed to house any roosters and is limited to only 10 chickens. This motion includes a SEQR analysis and findings of no negative environmental impacts with all aspects favorable to the application as presented. Seconded by Don Roessler. All in Favor. Motion Carried.

2. SPR12-17 NELSON, SALLY. Represented by Spencer Kennedy. In accordance with Section 200-47G2 of the zoning ordinance, seeks Type II Site Plan Review to occupy transient mobile home for no more than 10 days. Section 171.06, Block 1, Lot 16, Zone RL3. Property Location: Whitetail Lane. Subject to WCPB review. Subject to SEQR.

Spencer Kennedy stated that he is discussing an existing camper that exists on the property which they were not aware required permission. The camper is 40’ x 8’. It has water and electric that is run from his home on a different lot next to Sally Nelson’s. He provided pictures of the camper on the property. He stated that it is fairly concealed from the road. He stated that it is used for his mother who comes up to visit her grandkids for birthdays and a camp party which totals 10 days.

Don Roessler asked about the septic removal. Spencer Kennedy replied that he will have it pumped at the end of the ten days; she will not fill the tank in the time she stays. He provided more information about the plumbing and water.

Sandi Aldrich stated that she noted a light on and asked if they do that for security purposes. Spencer Kennedy replied yes.

No Warren County impact.

RESOLUTION

Motion by Don Roessler to declare the Bolton Planning Board as lead agency for SPR12-17. Seconded by John Gaddy. All in Favor. Motion Carried.

Motion by Don Roessler to accept SPR12-17 as complete, waive a public hearing, and having met the criteria set forth in the code, grant final approval of the project as presented. This motion includes a SEQR analysis and findings of no negative environmental impacts with all aspects favorable to the application as presented. Seconded by John Gaddy. All in Favor. Motion Carried.

3. SPR12-18 5 BOATHOUSE LANE, LLC. Represented by Ike Wolgin. Seeks Type II Site Plan Review for the restoration and creation of retail space in the north storage/utility building. Section 171.16, Block 1, Lot 10, Zone RCH5000. Property Location: 5 Boathouse Lane. Subject to WCPB review. Subject to SEQR. This application is associated with V12-16 for deficient parking.

Ike Wolgin provided a brief history of the property and building. He stated that the buildings are currently used for rental and sale of kayaks, canoes and sundries as well. They tend to mostly use the southern building. The northern building is more dilapidated and has mostly been used for storage of rental and new products as well as 2 port-o-johns. Ike Wolgin stated that they now have the capability of restoring the northern building. They will be installing permanent bathrooms, better storage and moving a few things from the south building into the space.

Ike Wolgin stated that he provided elevations for the building which has details about the layout.

John Gaddy stated that he saw on the application that the lights would be downward facing and shielded. Ike Wolgin stated that the only lighting will be in the doorway which is inset 2-3’and is not planning on any additional lighting on the exterior.

Herb Koster asked if there was a drawing about where the parking spaces were located. Ike Wolgin stated that he did not because he was not required to. The lot is 100’ wide, which gives them 74’ to park across the face along the road, which would be approximately 7 spaces and 3 down the lane between the 2 buildings. Gena Lindyberg asked how many spaces do the renters use. Ike Wolgin replied that they take up all of their spaces but it turns over daily. Don Roessler asked if there is any overnight parking. Ike Wolgin replied that occasionally they do have some overnight parking for campers on the islands. He stated that he did obtain the variance for parking from the ZBA. Gena Lindyberg asked what they have for staff parking. Ike Wolgin replied that he has a total of 10 for everyone but most of the staff, ride their bikes from town or they don’t have licenses.

Gena Lindyberg asked if this is an expansion of the business. Ike Wolgin replied no, he would not consider it an expansion. It is the same business, he is not adding products or services. It is the same building; it is just an expansion to allow a better storage and display of the product. He stated that he used to have storage space in the Sagamore’s building which he no longer has access to so this helps replace some of that. The boats are voluminous to display and store. The creation of retail space indicated in the application is because he is moving the retail space from the south building into the north building.

Henry Caldwell asked if it will still be called the Bonita Boathouse. Ike Wolgin replied yes they are planning on restoring that sign.

Ben Pratt, representing Sagbolt, LLC, stated that their concern is the parking. They feel that with the expansion of buildings will cause an increase in business. One of their concerns is that the parking spaces are not indicated on the plan. At the ZBA meeting Mr. Wolgin indicated that there is no public parking on the island. The business is very successful and with the expansion of the business the parking will be worse. Ben Pratt stated that they feel that the application is incomplete because the 10 parking spaces are not shown on the drawing.

Ben Pratt stated that if they locate the 10 parking on the lot and with the construction activity they may find it to be more than 5,000 sq. ft of disturbance which would be a stormwater issue. He stated that may not be the case but they don’t know that because the drawings doesn’t indicate that. Ben Pratt stated that it is hard for them to comment about the parking without being able to properly review it. At the ZBA meeting Mr. Wolgin indicated where the cars will be parked. However there is concern that he does not have the 10 spaces without being on other property; they have had complaints and witnessed customers parking on Sagbolt’s property.

Henry Caldwell stated that if the parking variance was granted the other night so it is a done deal. Counsel Muller stated that it was approved but Attorney Pratt was speaking on this issue as part of the site plan review. He is also potentially raising the issue about stormwater. Ben Pratt stated that he is not sure if stormwater is necessary but without knowing more information about the parking he is not sure if it will be required.

Ike Wolgin stated that he made sure that his applicant was complete with the Zoning Office. He explained that he looked at the code to be sure that he had adequate room for his 10 spaces. There is enough room for 7 spaces along the front and 3 spaces down the alley way between the buildings. He stated that there is space on the east side of his property and people park there however he is not counting that space.

With regard to the stormwater issue raised, Gena Lindyberg asked if the foundation will be changed. Ike Wolgin replied no. When they fixed the foundation they dug around the building and removed clay, now there is 2-7’ crushed stone with a tile drain at the bottom. This helped the stormwater runoff because prior to that it was running down the hill and down the lane. With the last few storms he has noticed a difference; the water is going down into the soils.

Don Roessler asked if they will be paving any of the area. Ike Wolgin replied no it is not their intent to pave they will be using large stone, peastone and item 4. He will be keeping it all permeable surface. Don Roessler asked if there has been any significant stormwater damage in the past. Ike Wolgin replied no. Herb Koster stated that they are not changing the soil for the parking area or increasing the size of the buildings or roof which would not require stormwater.

Gena Lindyberg stated that other applicants have been required to show their parking spaces on their plot plan and she feels they should be consistent. The Board agreed that they would require the applicant to show the spaces and provide it to the ZA.

Ike Wolgin stated that he included the sign as part of this application. Pam Kenyon replied that they did not have the dimensions so it was not included.

RESOLUTIONS

Motion by Don Roessler to declare the Bolton Planning Board as lead agency for SPR12-18. Seconded by John Gaddy. All in Favor. Motion Carried.

Motion by Don Roessler to accept SPR12-18 as complete, waive a public hearing, and having met the criteria set forth in the code, grant final approval of the project as presented with the following conditions: 1) that any exterior lighting is downward facing and shielded, and 2) the approval is contingent upon the applicant providing a plan to the Zoning Administrator showing the designated 10 parking spaces. Seconded by Sandi Aldrich. All in Favor. Motion Carried.

4. SPR12-09 HOWE, JAMES & BARB. Represented by Michael Rice. For the construction of a proposed single family dwelling, seek Type II Site Plan Review for a major stormwater project involving more than 15,000 square feet of land disturbance. 32,470 square feet is proposed. Section 140.00, Block 3, Lot 23, Zone RL3. Property Location: Lot #4 of the Valley Woods Subdivision. Subject to WCPB review. Subject to SEQR.

Brett Winchip stated that this is a proposal for Lot 4 in the Valley Woods Subdivision. He stated that originally they proposed limited clearing on this for minor stormwater however they realized that they need a major stormwater permit because of the conditions of the subdivision. They have used the subdivision map and maintained the location of the driveway and residence in depth from the road so it meets the 75’ scenic corridor. The only change is that it was shifted laterally on the lot to accommodate the design of the house with the garage.

Brett Winchip stated that the lot is gently sloping and the soils are good at the top of the lot but not as good closer to the bottom. They have a rain garden and the driveway is stone trenched with rip rap and check dams. The house will drain to 1 rain garden. The septic is below the house with a shallow system due to the soils. There is 100’ between stormwater, septic and well.

Sandi Aldrich asked how far is the wetland on Lot 3 is from the rain garden. Brett Winchip replied that it is well over 100’, the stream drains across the road and into that wetland.

Sandi Aldrich asked if the house will be visible from the road. Brett Winchip replied yes in the fall and winter. The house sits approximately 200’ from the road and has a both hard and soft woods to buffer the visibility.

Herb Koster stated that Tom Nace has reviewed and approved this plan.

Sandi Aldrich stated that on the northeast side of the house she noticed a patio and asked if there was a view of any kind. Brett Winchip replied it is just of trees.

Gena Lindyberg asked if the driveway was going to be paved could they consider permeable pavement. Brett Winchip replied that it is a gravel driveway at this point and the stormwater is designed as if it is pavement if they choose to do so in the future.

Chris Navitsky, Lake George Waterkeeper asked about the soil calculations. He stated that it is based on the soil types which don’t change through development. However in this project the applicant showed that in predevelopment they have 31,000 sq. ft of the good soils and in post development they show 53,000 sq ft. which is not possible. He stated that this shows a lot less run-off in the calculations. Chris Navitsky stated that it should be designed to the soils that would show that there would be more run-off. He stated that it won’t change the rain garden because that is based on the house and driveway, but the area where the woods is removed is not being addressed.

Herb Koster stated that this is a 5 acre lot and will be going down to the back of the lot and into the woods. Chris Navitsky stated that there are 15 lots in this subdivision and wouldn’t want to see all 15 lots do this. Brett Winchip stated that he could change the calculations to address this. Herb Koster stated that they paid their Town Engineer to review these applications with the applicant. He has gone over it numerous times and is satisfied with the proposal. Herb Koster stated that it is not a significant change and the applicant is willing to make the appropriate changes. Brett Winchip stated that he would be happy to submit new numbers if that would satisfy everyone. Herb Koster stated that he is satisfied.

John Gaddy asked if the septic is designed for expansion in the future. Brett Winchip replied that State regulations requires them to have at least an area for 50% expansion. Herb Koster stated that they are also required to have a replacement area.

Don Roessler asked about the height of the house. John McMillon, builder, stated that it is well under the 35’. Herb Koster stated that they are just reviewing storm water.

John Gaddy asked Chris Navitsky what is his concerns with Tom Nace’s opinion and review of this application. Chris Navitsky replied that this was just a numbers difference that he picked up. Other times there are differences in opinion of how to handle the stormwater. Herb Koster asked what he would do different using his numbers. Chris Navitsky replied that he would have considered another rain garden down gradient of where the trees are being removed. Herb Koster stated that he agrees that trees absorb much more water than any grass or other material replacing trees. However this is a gradual slope on a 5 acre lot.

Gena Lindyberg asked if Tom Nace’s comments changed the plan significantly. Brett Winchip replied yes.

RESOLUTION

Motion by John Gaddy to declare the Bolton Planning Board as lead agency for SPR12-09. Seconded by Don Roessler. All in Favor. Motion Carried.

Motion by John Gaddy to accept SPR12-09 as complete, waive a public hearing, and having met the criteria set forth in the code, grant final approval of the project as presented. This motion includes a SEQR analysis and findings of no negative environmental impacts with all aspects favorable to the application as presented. Seconded by Don Roessler. All in Favor. Motion Carried.

5. SPR12-10 HOWE, NANCY. Represented by Michael Rice. For the construction of a proposed single family dwelling, seeks Type II Site Plan Review for a major stormwater project involving more than 15,000 square feet of land disturbance. 25,828 square feet is proposed. Section 140.00, Block 3, Lot 24, Zone RL3. Property Location: Lot #5 of the Valley Woods Subdivision. Subject to WCPB review. Subject to SEQR.

Brett Winchip stated that this is a single story ranch house with a walkout on the rear. This lot is more sloped than the other lot. The house is located as indicated on the subdivision map. They are using 2 rain gardens on the site. They have rip rapped around the base of the parking area and rain gardens because of the slope. The septic is farther down the hill adjacent to the lot 4 septic system.