pLANNING BOARD
Regular Meeting
November 4, 2004
Present: Chairman, David Swanson, Rolly Allen, John Brown, Cathy Clark, Tim Costello,
Pam Peterson
Absent: Peter Foster
Also in Attendance: Graham Bailey Zoning Enforcement Officer
Nancy Trombley, Recording Secretary
Chairman Swanson called the meeting to order at 7:00 pm. The meeting began with those in attendance introducing themselves.
The October minutes were approved on a motion made by Brown, second by Clark. All in attendance (Foster absent) voted in favor.
Site Plan Review
Spencer, (12.18-1-8)
ZEO Bailey explained the request to replace and enlarge an existing shed located on Lakeshore Dr. which lies within 100 feet of the lake in zone TR-1.
Discussion:
Members reviewed the plans for the project. The proposed building will be located behind the existing residence, 78 ft. from the lake and will meet all other setback requirements. The footprint of the building will measure 20 by 12 ft. and the height at the peak of the roof will increase from 11 to 20 feet. Plans call for a storage loft.
It was determined that the increased height of the shed will not affect the expansion limit for the lot but may pose special drainage issues.
The proposal is not expected to affect the existing septic system.
After a question was raised about measuring for setbacks, it was determined that measurements should be taken from the overhang drip-line rather than the wall.
The Board scheduled a Site Review for the property.
Variance Recommendations
Jones, (25.20-1-12)
The proposal to enlarge an existing porch at the Jones residence on Graphite Mt. Rd. was explained by ZEO Bailey. Located in the hamlet, the new construction will extend beyond the side line setback, thus requiring a variance.
Discussion:
class=Section2>
A total of 15 ft. sideline setback is required in the hamlet area, with one setback line measuring at least 7 ft. New construction on the porch will reduce the setback on the eastern side of the property from 8 ft. to 4 ft. The setback from the western line is 9.6 ft.
The adjoining neighbor, the Church of the Blessed Sacrament, is expected to provide written support for the project. The area in question is currently used for parking.
Motion:
A motion was heard from Costello recommending approval to the Zoning Board of Appeals, subject to the approval of the Blessed Sacrament Church. Clark seconded.
Vote: Approved 6-0
Lemma, (60.9-1-41)
ZEO Bailey reviewed the proposal to construct a screened porch over an existing deck which lies within 50 ft. of the shoreline. The residence is located on Bobkat Lane, in zone TR-1. In addition, the homeowner desires to replace an existing wood retaining wall with a stone one.
Because of the proximity to the lake, a variance will be required.
Discussion:
Members reviewed photos and drawings of the project. The deck is located on the lake side of the residence. When completed, the deck will fall 43 ft. from the lake.
Arcady Bay Estates has a 20 ft. sideline setback. The Lemmas propose to reduce the size of the existing deck and proposed screen porch on one side by 3 feet in order to meet that requirement.
APA considers a stone wall in excess of 100 sq. ft. a structure, requiring a variance if located within 50 ft. of the lake. Although it was required at the time of construction, the original wall was built without a variance.
Contractor, Tom LaPoint, was available to answer questions. He informed the Board that improvements to the septic will accommodate additional living space, a loft above the porch, should it be used as a sleeping area.
The new roof line will extend outward an additional 2 ft. beyond the existing deck. Members discussed the need to create additional drainage to manage storm water runoff. Tom LaPoint noted improvements to the stone wall will include an area for crushed stone and assured members that he will be working with all appropriate agencies regarding this issue.
A Site Visit will be made to the property.
In order to expedite this project, and possibly others, the group discussed the possibility of keeping the meeting open until the time of the Site Visits thus allowing any needed ZBA recommendations to be made at that time.
Brown, (60.5-1-19)
Clark recused herself from the proceedings.
The Brown’s home is a modular replacement for their residence destroyed by fire, located on Pine Cove Rd. in zone TR-1. ZEO Bailey explained the Brown’s desire to add a deck to the building which will infringe on the 50 ft. shoreline setback.
Discussion:
Drawings of the project were reviewed. The existing structure is located 47 ft. from the lake. The proposed deck will extend the full length on the north and lake sides of the building and half way on the south side, encroaching an additional 7 ft. on the shoreline setback.
Several members felt a deck may lessen the visual impact from the lake. The existing sliding glass door on the home has an 8 ft. drop to ground level.
Mrs. Brown is confined to a wheelchair. The deck would allow her access to the lake side of her home.
Discussion ensued about the conditions on the original building permit. ZEO Bailey was not able to locate the permit but re-issued it based on conversations with Tim Costello. Costello, the former ZEO who issued the original building permit stated the Browns were informed when the building permit was issued that a deck would require a variance.
A Site Visit will be made to the property.
Whiteman, 12.14 - 1-18.1)
ZEO Bailey reviewed the request to construct a timber retaining wall and a concrete seawall with steps. The proposed project, located on Rt. 9N in the TR-1 zone will exceed 100 sq. ft. and fall within 50 ft. of the shoreline, less than 10 feet from the property line. The residence is located across the road from the lake. This proposal would allow the homeowner access to the water through the 26 ft. parcel.
Discussion:
ZEO Bailey suggested a stone wall may be more pleasing to the eye than the proposed concrete.
LG Park Commission has been notified.
A Site Visit will be made to the property.
Subdivision Requests
Smith, (25.4-1-11, 25.4-1-12)
ZEO Bailey reviewed the request for a lot line change to the property located between Cemetery Rd and Graphite Mt. Rd. in zone OC-1. The LGA is hoping to create a storm water retention site on one parcel.
Discussion:
LGA representative, Jim Vianna presented plans for the lot line change needed to accommodate a storm water detention pond. Currently the two lots measure 3.7 and 4.3 acres. The line change would create two lots measuring 3.4 and 4.6 acres, with the pond located on the larger lot. Mr. Smith will continue ownership of both lots. Once created, the Town of Hague will have an easement to access the pond property in order to maintain the site. Road access will be from Rt. 8/Cemetery Rd to one lot, West Hague Rd. to the other. Both parcels have ample frontage.
No variances will be needed.
APA has visited the site and determined no wetlands are involved.
This proposal has a net change of .28 acres. Although the Town’s subdivision regulations limit lot line changes to .25 acres, ZEO Bailey informed the Board that since the proposal would not create a nonconforming situation with respect to the zoning ordinance, they have the authority to waive that requirement, referencing section 150.31. If not waived, the project must be considered a subdivision, requiring a Public Hearing.
Upon completion, the Town of Hague will be responsible for maintaining the water retention site.
Question was raised about whether the pond construction will need Planning Board review.
Motion:
Allen moved to waive the .25 acre restriction on the lot line change. Costello seconded .
Further discussion:
This waiver would hasten the permitting process for the LGA.
The proposal will allow the pond and its access road to be located on one lot.
The Town and LGA are in favor of the project and it will be good for the lake.
Clark suggested a Public Hearing would allow neighboring property owners the ability to voice concerns, should there be any.
Swanson expressed a concern about procedure and questioned the Board’s ability to
waive the Public Hearing.
Vote: Approved, 4-2
Ayes: Allen, Brown, Costello, Peterson
Nays: Clark, Swanson
Motion:
Costello moved and Allen seconded, to approve the lot line change as shown on the plat.
Vote: Approved 4-1-1
Ayes: Allen, Brown, Costello, Peterson
Nays: Clark
Abstain: Swanson
Wilen, (43.13-1-4)
Mr. Wilen wishes to subdivide a 2.16 acre parcel of land in half, resulting in two 1.08 acre lots. The property is located on Rt. 9N in zone TR-1, and requires a minimum of 1.1 acres.
Discussion:
A 1967 survey map was presented, outlining the proposed subdivision, each lot measuring 1.08 acre.
The Board was unsure about the need for a variance. The resulting 1.08 acre lots, if rounded up to the nearest tenth, would meet the requirement of 1.1 acre. Expressing this figure to the tenth or hundredth decimal point would determine whether the resulting 1.08 acre lots conform with the required 1.1 acre minimum.
Both existing homes owned by Mr. Wilen will be located on the south lot. Each new lot will meet all setback requirements and have an adequate amount of shoreline.
Mr. Wilen was in attendance to answer questions from the Board. He explained the circumstances for the subdivision. Several suggestions about how to gain the lacking 0.04 acres from neighboring properties were offered by members of the Board.
ZEO Bailey will contact the Town Attorney for an opinion regarding the measuring and need for a variance.
The process for subdividing property requires the applicant present a stamped survey. It was decided that no action can be taken until a new survey is obtained.
Other Business
Hague Comprehensive Plan
Several members of the Planning Board briefly reported on the status of their assigned tasks. Each reported that their work is in the early stages. Town Board member Dick Gladu was in attendance and offered guidance about how to proceed. Mr. Gladu would like the Planning Board to consider the preliminary Streetscape Design portion of the plan.
Recommendation for open space contributions for subdividers
The group discussed options available for preserving open space:
- requiring the subdivider to donate a parcel of land
- asking for a monetary donation. If so, how much?
It was decided that every subdivision is different and members discussed the need for flexibility. It was suggested that ZEO Bailey investigate ways other towns have handled this matter. He will contact the APA for direction.
Potential Zoning Code modifications
Members agreed to review these proposed changes at the next meeting. ZEO Bailey requested members contact him with comments.
Motion:
Allen moved to suspend the meeting at 9:25 pm, to reopen at 8:00 am on November 10, 2004, the time of the scheduled Site Visits. Costello seconded.
Vote: Approved 6-0