public hearings - town of lake george, new york...2019/09/03 · mohammad tariq praises, honors and...

Zoning Board Minutes P a g e | 1 March 6, 2019

Minutes of the Town of Lake George Zoning Board of Appeals meeting held on March 6, 2019 at 6:00 p.m., at the Town Center, 20 Old Post Road, Lake George, New York. Members Present: Gary Moon, Chairman of the Board Keith Lanfear Mohammad Tariq, Alternate Absent: Karen Hanchett, Denise Paddock. Also Present: Dan Barusch, Adele Behrmann, Erik Sandblom, Matt Huntington and others. Chairman Moon opens the meeting at 6:05 p.m.

Acceptance of the Minutes

A motion is introduced by Chairman Moon; seconded by Mohammad Tariq to accept the minutes of the December 5, 2018 meeting as complete.

All in favor, motion carries.

PUBLIC HEARINGS

1. Application for Area Variance AV1-2019 submitted by Schoder Rivers Associates, P.C. as agents for Craig Brown

with a proposal to construct a 4 bedrooms, 4 baths, 2,808 sq. ft. footprint, single family dwelling with a garage and

porches; for property located at 152 Watershed Drive (Diamond Point Lookout Subdivision Lot #5). Tax Map No. is

225.00-1-72. Lot size is 130.45 acres. Zoning Classification is RR-10. Code Reference is 175-43. SEQRA is Unlisted.

Chairman Moon reads the application into the record.


A motion is introduced by Chairman Moon; seconded by Mohammad Tariq to accept the application as complete.


Matt Huntington with Schoder Rivers Associates, P.C. begins by describing the project as follows:

▪ The project consists of constructing a single family dwelling with a proposed driveway of approximately 1,100 ft. in

length. Portions of the driveway are on 15% steep slopes for a length greater than 150 ft. thus requiring a variance.

▪ The total disturbance for this site will be approximately 2 acres of the existing 130.45 acres.

▪ In order to mitigated the run off, a detailed major stormwater plan has been designed for this project; the plan will

be thoroughly reviewed by the Town’s engineer, Chazen, and the Planning Board.

▪ In order to maximize the view shed, the proposed dwelling will be constructed close to the ridge.

The proposed driveway was previously reviewed by the Fire Chief and following are the comments and suggestions he

made:

▪ He would prefer the width of the road/driveway to be 20 ft. but will accept 16 ft. at a bare minimum.

▪ He would like to see a larger parking/turnaround area by the house so a 3 points turn can be made.

▪ There should be at least two pull offs measuring 12 ft. wide by 40 ft. long.


▪ A dry fire hydrant or another option to provide water in the event of a fire to the house should be researched.

(This issue will be discussed and addressed at the Planning Board meeting).

Keith Lanfear reviews the project and states that the disturbance is minimal but asks that the width of the driveway be

increased to 16 ft.; Matt Huntington replies that some straighter sections of the driveway will be at 16 ft. while others

will be at 12 ft., and one turn-around is planned for emergency vehicles. Craig Brown speaks up and states that he has no

problems with making 16 ft. the width of the driveway and adding a second turn-around. A brief discussion ensues, the

Board advises the applicant to consult with the Fire Department on other issues that may arise with a driveway of this

nature.

Chairman Moon opens the meeting to the public with no response.

A motion is introduced by Chairman Moon; seconded by Mohammad Tariq to close the public hearing.


Chairman Moon reads Part I of the short term SEQRA into the record.

Chairman Moon, with the collaboration of the other two members, reads Part II of the SEQRA into the record.

(A copy of all three parts of the SEQRA is attached to the minutes).

A motion is introduced by Chairman Moon; seconded by Mohammad Tariq to declare a Negative SEQRA.


Keith Lanfear asks if there will be any blasting; Craig Brown replies that blasting will not be necessary since the

ledge is 20 ft. down.

A motion is introduced by Chairman Moon; seconded by Mohammad Tariq to approve Area Variance AV1-

2019 with the condition that in order to facilitate access for emergency vehicles, the road/driveway shall be 16 ft.

wide with the construction of two pull-offs. A final plan showing the two pull-offs and 16ft. width of the driveway shall

be reviewed and approved by the Fire Department Chief.

The criterial is read into the record by Chairman Moon as follows:

1) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. No, this variance for slope does not in any way create an undesirable condition in regard to character nor a detriment to the property or neighborhood.

2) Whether the benefit sought by the Applicant can be achieved by some method, feasible for the Applicant to pursue, other than an area variance.

No, this variance provides the most reasonable method to achieve ingress and egress to the

property without major changes to the terrain and resulting disturbance. 3) Whether the requested area variance is substantial.


The variance is not substantial in terms of actual variation from the code standard for driveway slope along its entire length, variance is only for a portion of its entire length. 4) Whether the proposed variance will have an adverse effect or impact on the physical or

environmental conditions in the neighborhood or district. No, the physical and environmental conditions will not be affected by the requested variance

for the slope, it is the cutting of the entire driveway itself that contributes to hillside erosion and it has been planned for though proper erosion control and stormwater management as the applicant has shown.

5) Whether the alleged difficulty was self-created which consideration shall be relevant to the

decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance. Yes, as this variance request is not resolving a particular hardship or difficulty, but rather a preferred design to achieve the applicant’s design goals in locating the residence near the lake.

Ayes: 3 Tariq, Lafear, Chairman Moon Nayes: 0 Absent: 2 Paddock, Hanchett All in favor, motion carries.

ITEMS OF DISCUSSION

Mohammad Tariq eulogizes Robert Risman, a Zoning Board Member who recently passed away. As a Zoning

Board Member, Bob was very committed to the process and eloquent as well as making sure that his

comments were helpful and fair to the applicants. Mohammad Tariq praises, honors and commemorates Bob

who will be missed.

A motion is introduced by Keith Lanfear; seconded by Chairman Moon to adjourn the meeting at 6:50 pm.


Respectfully Submitted,

Adele Behrmann

Planning & Zoning Clerk

public hearings - town of lake george, new york...2019/09/03 · mohammad tariq praises, honors and...

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