Please post any further comments below.
Dear All who have a Bolton Landing/Diamond Point mailing address,
On November 20th, 6pm, the Bolton Landing Planning Board will hold a public hearing regarding the development of the Pinnacle.
The owner, Ernie Oberer, has proposed placing 3 houses on top of the mountain with a mile long access road that will cut through some of the steepest terrain on the Edgecomb Pond side of the mountain.
Please, as soon as possible (TONIGHT), write a letter to the Bolton Planning Board and let them know you how you feel.
Email letter to: townclerk@town.bolton.ny.us Attention: Planning Board
or
Mail your letters to:
Town of Bolton Planning Board
4949 Lake Shore Dr.
Bolton Landing, NY 12814
The Boards members need to read your letters days in advance of the meeting. Please send immediately and please forward this to anyone one you think would care to preserve a town treasure!
Thank You!
Dave Cummings
Please call if you have questions
644-2719
Yeah, I heard about this through Chris Navitsky. Dave - if you know any potential LEGAL weaknesses in his plan, any points we could hit upon in our letters, could you brief us. I know I'll be writing about borderline development in a sensitive watershed, the aesthetics of ridgeline development on a lake which - until know - has been largely protected from such blight, and the rights of existing property owners. But the truth is, I don't know the legal impediments they face. Are they asking for a variance? If so, they rely largely on the board's discretion. However, if they are simply asking for a standard approval of the right to build within the town's zoning codes, the board does not have much latitude: they could be sued for failng to uphold their own zoning codes. Let us know what you know. Thanks Dave.
Mary
Great Dave.
Chris Navitsky’s new email is cnavitsky@
Kathy
Mary,
Good question. The meeting is for final approval of the lot subdivision and house approval. Legally he has the proper acreage to divide the parcels and adequate road frontage, so no nothing legal, yet, to stand by.
But the meetings underlying subtext is; does the public want the massive road and another nail in the coffin of "scenic uplands."
My hunch is he'll want to be able to sell 2 of the 3 lots as "approved subdivisions" and get enough money to build the road and a house for himself up top.
While "approved subdivisions" does not mean "approved homes" or "approved road," it is a more sweetened offer for potential buyers.
Rolf Ronning is doing the same thing in Saddlebrook.
If we can stop the development at this point, Mr. Oberer (owner) will not have incurred massive investment losses. Nothing he couldn't re-coup by selling the property to the Land Conservancy.
I feel most developers sink so much money into projects before approval, they become desperate and hire the best representation, all the while draining the energy of those opposed.
If we stood to profit ($) from the Pinnacle being left undeveloped, chances are we would fight with everything we've collectively got....and win.
If anyone else has information on legal standings, please let us know.
Dave
'm on the ZBA, used to be on the PB. Have no right to see the plans, so can only speculate.
Lake George WATERKEEPER
P.O. Box 591
Lake George, NY 12845
(518) 668-5913
cnavitsky@
Lake George WATERKEEPER
P.O. Box 591
Lake George, NY 12845
(518) 668-5913
Fax (518) 668-5915
cnavitsky@
you need to get to the fire commissioners and ask them what kind of fire protection they can provide for houses like that. They cant getup there. Its been contentious about places like that because the minimum width for a fire truck is much greater than these developers want to go for.
how any one can approve or consider a development which does not allow for fire protection is poor planning.
kelly
in the past, there have been issues concerning the width of the roads/driveways and the requirements of the fire department to not only get in, but be able to turn around, and access water for proper fire protection.
some subdivisions go in with the road being classified as a driveway, when in fact, they are truly roads. dirty trick, if you ask me.
a certain %grade (steepness) is stipulated for a road versus a driveway, and width is considered also. is this only do-able if they call it a driveway?
Now what defines a road, which must be wider and has less steeper allowances? Is this a road or a driveway? what can the fire department get the "Tax Payer Assets: Firetrucks" into without causing damage to our trucks?
the fire department has to have a say in what they will be willing to commit into a project. If they cant get in, i cant see how it can pass.
they may not be able to build the "road" that is required, and try and play the "driveway" game cause that is all they want to pay for, or can afford.
kb
While the decision before the Planning Board concerns only the subdivision of the lot itself, I would suggest that the application is best challenged when the board is forced to consider the “proposed action” in its entirety. There is a legal basis for this. The NYS Environmental Quality Review Act (SEQRA) recognizes that by excluding subsequent phases or associated project components from environmental review the project may be more acceptable to the reviewing agencies and the public. Doing so is called “segmentation” – and according to SEQRA it’s not all that legal.
Now the more important question, is this project subject to SEQRA? The answer is, maybe. A public hearing is just that, it’s an opportunity for the public to be heard as a matter of public record. Therefore, it’s an opportunity to demand that the Planning Board do its due diligence when making a determination regarding SEQRA. There are three determinations the Planning Board can make: Type I, the action is subject to environmental review; Type II, the action is not subject to environmental review; and finally, Unlisted, which is an action that does not meet Type I thresholds but some may still require an environmental review.
It’s unlikely that the project would be considered a Type I action, but in my opinion it’s surely an Unlisted action. While some might argue that this is only a Type II action, Section 617.5(b)(1) states that no project can have a “significant adverse impact on the environment” on the following relevant resources: the creation of a material conflict with a community's current plans or goals as officially approved or adopted (i.e., a town’s comprehensive plan); the impairment of the character or quality of important “aesthetic resources” or of “existing community or neighborhood character.” For the purpose of determining whether an action may have any such consequences, the board “must consider reasonably related long-term, short-term, direct, indirect and cumulative impacts” of the proposed action as outlined “in any long-range plan of which the action under consideration is a part.”
The point of all this is that the Planning Board shouldn’t make any decision until all subsequent phases of proposed action are platted and have undergone a thorough environmental review. The argument is that the development of the Pinnacle would have a significant impact on the scenic, cultural, and environmental resources as identified in the Comprehensive Plan. Furthermore, such resources would likely be more protected by the soon-to-be adopted zoning updates.
Aside from SEQRA, I would consider sending a copy of the application to the APA with a written letter of concern, ask that all wetlands on the site be delineated (wetlands near the summit could be an acre or more – the DEC Region 5 Wetland Biologist might be helpful), and ensure that all proposed lots meet the town’s basic subdivision requirements (the plans I looked at had lots that were less than 25 acres, and two (2) of the lots didn’t have the fifty (50) foot of road frontage that is required in LC-25). In addition, I’m sure that there are numerous stormwater/erosion and septic concerns that could raised as well (I’ll leave that up to the P.E.). Finally, coordinate your efforts with your local non-profits! It’s important to acknowledge that there is certainly enough acreage for Mr. Oberer to develop some portions of his property and that this should not be an exercise in NIMBYism. However, given the site’s environmental characteristics and importance to the community’s character, the highly visible summit should be off limits and preserved in perpetuity.
If anyone has any question regarding SEQRA, please feel free to contact me at anytime. I would also be glad to provide some GIS support and help review the town’s, NYS, and APA land use regulations apropos this application.
Take care,
Boze
So it sounds like at this point, our letters would be bolstered by mentioning the proposals relationship to the town comprehensive plan (i.e. non-conforming) and a suggestion that the developer seek to build on the lower elevation portions of his property while preserving the Pinnacle, concerns about SEQRA designation and piecemeal versus wholesale project review, and with specific regard to the proposal concerns about stormwater management, septic containment, emergency vehicle access, and impact on the viewshed. Sound about right?
Can I just say thank you very much to the knowledgeable people who have put their two cents into this discussion?? I'm very encouraged by the depth of knowledge that is being assembled in opposition to destruction of the Pinnacle.
Dave - Were you planning to get on that letter to APA? Is there someone at Lake George Land Conservancy who can speak on behalf of this parcel?Mary
Lake George WATERKEEPER
P.O. Box 591
Lake George, NY 12845
(518) 668-5913
Fax (518) 668-5915
cnavitsky@
Keep up the good work, Dave. Hope this turns out for the better. Let me know if there's anything more I can do than email the board.
Sean