TOWN OF HAGUE
ZONING BOARD OF APPEALS
MINUTES OF:
DECEMBER 15, 2011
1. SULLIVAN (76.20-1-9) 8124 Lakeshore Drive (TR-1R)
The owners are requesting an addition to an existing house. A staircase off an existing deck and a small portion of the proposed living room expansion will be within 50’ shoreline setback, but will be no closer to the lake than the existing structure.
At the Zoning Board of Appeals October 27th meeting the Board made a decision that survey or scaled drawing of the shoreline property was needed before the Board could proceed with this application.
ZEO Cathy Clark read a letter from the adjacent property owners, Joan M. and Cortlandt E. Schult. They stated that they have no objection to the proposed addition.
ZEO Clark read a referral from the Planning Board:
A motion was made by Pam Peterson that the Zoning Board approve the application subject to the following three conditions: 1) implementation of stormwater controls, 2) relocation of the septic tank and pump station to be at least 50 ft from the MHW, and 3) identification of the purpose of the white drain pipe and if found to be part of the sump pump system it must be drained into to a dry well. Mr. Vilardo must provide information as to the drain pipe purpose to the Zoning Board before the December 15th meeting. Bruce Clark seconded the motion and it was passed by a 6-0 vote.
ZEO Clark said the County referral was returned with no County impact.
No one from the audience spoke for or against the application.
Jon Hanna made and Chris Navitsky seconded a motion to close the public hearing. Ayes: Hanna, Navitsky, Snyder, Cherubini, Goetsch. Nays – none. Motion passed 5-0.
CALL MEETING TO ORDER:
Chairman Goetsch called the regular meeting to order at 7:03 pm.
INTRODUCTION OF BOARD MEMBERS:
Board Members Jon Hanna, Ray Snyder, Chris Navitsky and Maureen Cherubini and Chairman Robert Goetsch were present. Bill Pittman and Lindsay Mydlarz were absent. ZEO Cathy Clark was also present. Judy Stock was acting as temporary recording secretary.
APPROVAL OF MINUTES:
Jon Hanna moved and Ray Snyder seconded a motion to approve the minutes of November 17, 2011 with no additions or corrections. Ayes: Hanna, Navitsky, Snyder, Cherubini, Goetsch. Nays – none. The motion passed 5-0.
OLD BUSINESS:
Chairman Goetsch read:
1. SULLIVAN (76.20-1-9) 8124 Lakeshore Drive (TR-1R)
The owners are requesting an addition to an existing house. A staircase off an existing deck and a small portion of the proposed living room expansion will be within 50’ shoreline setback, but will be no closer to the lake than the existing structure.
At the Zoning Board of Appeals October 27th meeting the Board made a decision that survey or scaled drawing of the shoreline property was needed before the Board could proceed with the application.
Zoning issues 160-62 A Nonconforming structures 160-50 B (b) Shorelines
ZEO Clark reported that the Planning Board approved the request with the same conditions given in their referral.
Joe Vilardo was in attendance to represent the Sullivan’s.
ZEO Clark stated that he stormwater plan was received from Tony DeFranco, consulting engineer. Also the white 4” diameter PVC perimeter foundation drain is allowed to drain into the Lake according to the LGPC and Dave Wick of Warren County Soil and Water.
Joe Vilardo stated he met with the contractor Bruce Geraw who will take care of the permit application and moving the septic and pump tanks. The septic and pump tank will be repositioned to meet the 50 ft setback condition. A sketch will be provided with the application.
Chris Navitsky asked if the connection to the force main will be tested and Joe Vilardo responded that while he did not have any specifics, the general concept was to replace in kind. The heat should still be on in house so the water can be tested.
ZEO Clark stated that as far as erosion control for the property the addition of the rain gardens will make it better than it is now.
Jon Hanna moved and Maureen seconded a motion to approve as submitted.
Jon Hanna read the following finding of facts:
a. Will an undesirable change be produced in the character of the neighborhood or to the detriment of nearby properties?
I don't feel that an undesirable change will be impacted. The plans seem to fit in with the character of the neighborhood. Improvements will be made to the septic as well as the drainage.
Sullivan continues:
b. Can the benefit sought by the applicant be achieved by some method feasible to the applicant other than an area variance?
Because of the proximity of the existing structure to the Lake I don’t see any other way of doing the addition that is feasible.
c. Is the requested variance substantial?
No, the percentage of coverage is only going from 7.1% to 8 %.
d. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district?
No, the items have been addressed by having the rain gardens installed.
e. Is the alleged difficulty self-created?
Only in the respect that the house is an existing nonconforming structure and without having a major tear down and rebuild – then it would be self-created.
Included in the motion are the conditions of the implementation of the stormwater controls as shown on the engineered design and the relocation of the septic and pump station, to meet the 50” setback from the lake.
Roll call vote:
Ayes: Hanna, Navitsky, Snyder, Cherubini, Goetsch. Nays – none. Motion passed 5-0.
NEW BUSINESS: None
ZEO Clark handed out the Town Calendar of 2012 meetings.
The ZEO will help get members zoning code book in order if anyone wants to drop it off at her office.
ADJOURNMENT:
Chris Navitsky made and Maureen Cherubini seconded at motion to adjourn.
Role call vote: Ayes: Hanna, Navitsky, Snyder, Cherubini, & Goetsch. Nays – none. The motion passed 5-0.
The meeting was adjourned at 7:15 pm.
Respectfully submitted,
Judy Stock,
Acting Recording Secretary