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Board presses applicants on violations, wetlands and setback for Trading Post Lane home in former 'Gunther' subdivision
Summary
Architects and owners said they will mitigate past grading/tree violations and proposed measures—piping perched groundwater, updated natural-heritage review, tree-plan and rock/blasting plans—while the board sought documentation before site-plan approval and noted a required 25-foot variance from the 100-foot lake setback.
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Architect JB Hernandez and property owners presented a proposed three-bedroom, roughly 2,700-square-foot residence on a 5.21-acre lot in the Trading Post Lane (Gunther) area, and the Planning Board spent the bulk of Aug. 25 discussing unresolved violations, wetlands jurisdiction and the need for setback relief.
Hernandez described the design move to avoid rock outcrops and noted that the plan uses a conventional septic system. The board repeatedly raised open enforcement issues from prior work on the property and said planning staff must confirm whether outstanding violations have been rescinded or are being mitigated. "I did speak with Rich and what he indicated is that the violations have been put on hold or rescinded because it was his understanding the applicant was coming before the planning board and that whatever had transpired would be mitigated as part of the application," a committee member said.
The board also flagged environmental and technical requirements: an updated DEC jurisdictional determination for wetlands, a Natural Heritage update for potential Indiana bat and northern long-eared bat habitat, an up-to-date tree survey (the board noted the existing survey was about 12 years old), and soil/drainage testing because a perched water table had been encountered previously on the site. Staff asked for a mitigation plan that would redirect perched groundwater and create a blended wetland-mitigation area so there is no net loss of wetland function.
Property owners said tree removals followed a post-storm safety response by a locally recommended contractor and that they would provide photographs and mitigation proposals. "He effectively extorted us for a very large sum of money," one owner said of the contractor; the board recorded the allegation and asked for documentation.
Engineers and board members also discussed fire-suppression and sprinkler requirements tied to the subdivision approval, driveway slopes and the need for a 25-foot variance from the 100-foot lakefront setback to place the house where grading minimizes broader disturbance. The board encouraged the applicants to meet with consultants on a Wednesday before returning with a full package including DEC response, updated surveys, blasting/rock plans and septic approvals.

