DRAFT
PUBLIC HEARING
Present:
Dave Swanson, Chairman
Pam Peterson
Rolly Allen
Cathy Clark
Nancy Harrigan
Peter Foster
John Brown, Clerk
Graham Bailey, Zoning Enforcement Officer
Mary Jo Keeler, Recording Secretary
Ch. Swanson opened the public hearing at 7 pm
Simunek (12.18-1-29.2) Dev 02-04 Sub 01-04
Lakeshore Drive
ZEO Bailey read the notice published in the Post Star. He also read information received from John Silvestri that was distributed to the Planning Board.
Joanne DeFranco spoke from the audience. She mentioned that when the Jackie Amber sold the property she could not sell it unless the piece across the road was sold with it because the lot was non-conforming. She feels the Planning Board is taking a step backwards if they allow the subdivision to occur; another non-conforming piece of property would be created.
Dave DeFranco spoke in opposition from the audience. His concern is the Simuneks’ 4-bedroom house, positioned on a steep slope and has 2 seepage pits. ZEO Bailey explained that the seepage pits were approved. Mr. DeFranco’s concern is if the septic system fails, they will have no place to put in other septic.
The Public Hearing was closed at 7:10 pm.
REGULAR MEETING
1. Ch. Swanson opened the regular meeting and the members of the board introduced themselves.
2. Approval of Minutes: Meeting of January 8, 2004
R. Allen made a motion to approve the minutes; C. Clark seconded. All members voted aye. Minutes were approved 7-0.
SUBDIVISION / LOT LINE CHANGE:
1. SIMUNEK (12.18-1-29.2) Dev 02-04
Lakeshore Dr.
Applicant wishes to sell a portion of this parcel to the adjoining property owner. This portion will be merged with the adjacent lot. Although no additional principal building will be built, the remaining portion of this parcel will be smaller than required by Hague Zoning Code.
Mr. DeFranco related some of the history in the original subdivision of the lots (Simuneks and adjoining) which occurred around 1920-1930.
R. Allen requested the ZEO read the letter submitted by Chris Navitsky, waterkeeper. His understanding is that the application is being considered as a lot line adjustment based on the physical separation of the western portion of the referenced parcel from the lakefront portion. It is also his understanding that other principal structures cannot be constructed on the parcel as per existing codes and restrictions placed in the deeds. These should be conveyed with the transfer of the land to prevent non-conforming lots in the future. He also questions whether this property will be consolidated with the existing parcel to the north. The property to the north recently submitted an application for a tourist accommodation use for the parcel. Would the property owner use this additional acreage to increase the density for tourist accommodation application in the future.
Members of the board held a lengthy discussion covering the following issues:
- The original purchase of the two lots was to provide enough land to build a house. Now that the house is built, the extra land is not needed?
- There could be septic issues and if the land to the back is removed, there will be no recourse.
- Holding tanks are not currently approved in new construction; seepage pits are not recommended but not precluded.
- With a permit from NYS, sewage can be piped under Rt. 9N
- Increased land for tourist accommodation could bring increased density.
- Possibly the Town could hire a consulting engineer to assess the septic system, whether it was designed properly, with the cost borne by the applicant.
- Is the house capable of being separated from the land. If that is allowable, what are Mr. Whisher’s ideas for future plans?
- Mr. Whisher would grant an easement to the Simuneks if they needed to put a septic system there in case theirs failed.
- No additional principal building can be built on the property but that does not include an accessory structure.
- The parties involved should consider other options.
- An engineer’s report probably cannot be done in the winter because a perc test needs to be done.
- There are 2 waivers to consider: (1) a lot line change can’t transfer more that ¼ acre of land and would creating a possible subsized lot require a variance from the ZBA?
- Because the property is not directly across the street, is it feasible to use the property on the west side of the road for a septic system.
- The easement given to the Simuneks would need to be a blanket easement rather than a specific piece to allow for proper drainage.
The Board agreed to table the request until the March meeting to give the parties time to get together and come up with another solution. The Board members also need to learn what the history of the lots is.
SITE PLAN REVIEW
1. GOFF (93.19-1-9) SP 01-04 Zone RC
7767 Lakeshore Dr.
The applicant wishes to add decks to the front and sides of existing dwelling. Dwelling is a legal, nonconforming structure since 5 acre lot size is smaller than the 40 acres required.
The Board decided to do a Site Visit on Saturday, Feb. 7 at 9 am. N. Harrigan requested the setback distances be marked.
Sabbath Day Point Rd.
Applicant wishes to add a porch and landing to an existing house. House is a legal nonconforming structure.
The house is 110 ft. from the lake but the size of the lot makes it non-conforming.
The Board will do a Site Visit on Saturday, Feb 7, after the Goff’s.
Lakeshore Dr.
Applicant wishes to add a partial second floor to existing hosue. House is located within 100 ft. of the lake.
The Penfields were represented by Mr. Hincke.
A Site Visit is scheduled for Saturday, Feb. 7, following the Dicksons. ZEO Bailey asked Mr. Hincke to put property lines in to be sure the 10 ft. setback is met.
OLD BUSINESS:
Site Plan Review
1. Turmanian (26.18-1-16) Zone TR1
9200 Lakeshore Dr.
Applicant wishes to add a 2nd floor and a stairway to part of existing dwelling. Existing house is a legal non-conforming building. Current lot size and shoreline and side setbacks are non-conforming. Since proposed project will increase degree of non-conformance, Zoning compliance certificate was denied and referred to Zoning Board of Appeals. The purpose of discussion at this meeting is to provide updated information on the wastewater design issues discussed at January 8 meeting.
ZEO Bailey met with Chris Navitsky at this property. He showed pictures to the Planning Board members. He and Mr. Navitsky agreed the septic system needs to be improved.
OTHER BUSINESS
1. County Website
ZEO Bailey informed the Board of the website address: www.co.warren.ny.us
2. Zoning Workshop March 31, 2004
The ZEO will be holding a workshop for homeowners, builders, and anyone who is interested. The use of new forms and requirements of APA, LGPA will be discussed.
3. Comments of revised forms
Mr. Bailey will need the Board’s comments on the revised forms before the Workshop. Ch. Swanson suggested members speak with Mr. Bailey individually.
ADJOURNMENT
P. Foster made a motion to adjourn the meeting; C. Clark seconded. All members voted aye. The meeting was adjourned at 8:50 pm.
Respectfully submitted,
Mary Jo Keeler
Recording Secretary