Present:
Dave Swanson, Chairman
Pam Peterson
Peter Foster
Cathy Clark
Nancy Harrigan
John Brown, Clerk
Graham Bailey, Zoning Enforcement Officer
Mary Jo Keeler, Recording Secretary
Absent:
Rolly Allen
The Public Hearing was opened at 7 pm by Ch. Swanson.
1. FRASIER
ZEO Bailey read the notice published in the Post Star.
Ch. Swanson asked the audience if there were any people who wished to speak in favor of the application.
John Breitenbach, attorney for the Frasiers, explained the project. Specifically, he said the proposal meets the setbacks of the zoning ordinance; an application submitted to the Lake George Park Commission considered this a minor project (under 15,000 ft); the proposed wastewater system is more than adequate since there is only one toilet planned for the workers; photos taken from the roadway showed the existing berm that will screen the building site from the road; there is no nearby water source, minimal siltation and no putrification. The existing drainage patterns will not be disturbed; the existing water table will not be impacted. The project is not in a flood plain, or an agricultural zone. There will be minimal cutting and the normal operation of the garage will not affect the air quality.
ZEO Bailey received a note from Joyce Martin Barker stating she was in favor of this proposal.
Mr. Frasier explained his intentions with the business. He plans to become semi-retired, but to continue with body restoration and fabrication work, some general repairs and more limited towing (he has given up towing for the New York State Police and sold one of two tow trucks) and perhaps do some antique vehicle renovations.
Donna Charbonneau, John Trudeau, Nelson Waters, Robert Goetsch, Dave Hoffay and Bill Bothe all spoke in favor of Mr. Frasier’s project.
In opposition:
John Fitzgerald, whose home adjoins the property, expressed concern that the building will lower property values.
Carol and Richard Paul, neighbors across the street, expressed opposition in case of oil and gas leakage, traffic increase and they are still unsure where the building will be.
ZEO Bailey clarified the copy of the drawings that were sent out. He told the people in attendance that the modified drawing was being discussed tonight.
Joe Fitzgerald, John’s brother also has property on West Hague Road and questioned which road is being used; he also expressed concern with screening of the building. He feels it will be an eyesore for them.
Mr. Frasier explained he has already spent $100,000 in efforts to clean contamination caused by the previous owner on his present site. He will not knowingly create any contamination at this site.
Bill Fritske of West Hague Rd. said he believes moving the garage is beneficial to the town but would like a stipulation placed on the approval for the business to adhere to regular business hours.
Mr. Frasier was asked how many vehicles from which to obtain parts would be needed to provide parts for restoration. His reply was that he does not anticipate needing vehicles for restoration purposes. He will be purchasing the parts as needed. He also anticipates buying approximately 6-10 pickup trucks during the winter months, but he is designing the inside of the building for storage of most of these.
Ch. Swanson closed the Frasier Public Hearing at 7:35 pm.
2. BENWAY
ZEO Bailey read the notice from the Post Star.
Ms. Benway would like to convert an existing barn into a crematorium for the disposal of the remains of small animals. She currently legally operates a kennel on the property.
Mary Meehan spoke in opposition of the project. She is concerned about the odor that will emanate from the building. Ms. Benway replied that there is no smoke or odor and DEC monitors the air quality once a year.
Ms. Meehan also questioned whether Ms. Benway would put the animals down. Ms. Benway replied that she would not do that. The animals will be brought to her or she will pick them up at local veterinarians. She has received APA approval and the ashes will be returned to the people who requested the service.
Hannah Cole expressed opposition on the grounds that Ms. Benway has a vendetta against her. She felt that her animals would be in jeopardy while she is at work.
Charlie Antonetti, her next-door neighbor, spoke in favor of the project.
ZEO Bailey received a note from Joyce Martin Barker in opposition of the project, with no reasons given.
The Public Hearing was closed at 7:40 pm.
REGULAR MEETING
Ch. Swanson moved to the Regular Meeting and the members of the Board introduced themselves.
APPROVAL OF MINUTES:
Meeting of April 1, 2004
Changes were made to the minutes: On page 2: C. Clark did not feel she questioned whether the buffered area will be kept on the roadside but she did question the number of unregistered vehicles. On page 4: in C. Navitsky’s definition of the Bluebird Cottage Colony, N. Harrigan requested the wording of covenants and restrictions would be incorporated in the deeds, and in T. Hall’s mention of 6 other similar cases, people will be buying an empty lot of appropriate size.
J. Brown made a motion to approve the April 1 minutes with the above changes; N. Harrigan seconded. All voted aye. The motion was carried 6-0.
OLD BUSINESS:
FRASIER
Ch. Swanson spoke in favor of the project. He feels it would be a benefit to the Town and it complies with Zoning Ordinance.
Board members expressed concern over unregistered vehicles being stored for parts. Mr. Frasier replied that he is building a storage area in the shop. He will be able to store approximately 8-10 vehicles inside plus 1 wrecker and forklift. If any vehicles are stored outside, they will be on the opposite end of the building from the office.
In reply to Board concerns about visual impact from the adjoining property, Mr. Frasier said he had just spoken with the Fitzgeralds and has assured them he will do anything they would like for screening purposes.
In reply to concern with exterior lighting, Mr. Frasier will keep the lighting minimal. He does not plan to operate business all hours of the night.
P. Foster made a motion to approve Mr. Frasier’s request to build a 6,250 sq. ft. steel building on his property for the uses described at the public hearing and Mr. Frasier is to install appropriate screening after discussions with his neighbors; J. Brown seconded.
Roll Call Vote
P. Foster – yes
J. Brown – yes
C. Clark – yes
P. Peterson – yes
Ch. Swanson – yes
N. Harrigan – yes
Motion approved 6-0
ZEO Bailey explained how he plans to enforce the existing junk vehicle law. He will do a drive-by inventory of the town and send letters to homeowners whose areas fall under the law. He will not go in back of houses unless he receives complaints from neighbors.
BENWAY
The Board felt that today’s technology in the construction of crematorium machines would negate Ms. Meehan’s concern over smoke and odor.
C. Clark made a motion to approve the application; P. Foster seconded.
Roll Call Vote
P. Foster – yes
J. Brown – yes
C. Clark – yes
P. Peterson – yes
Ch. Swanson – yes
N. Harrigan – yes
Motion approved 6-0
Site Plan Review
1. KANIS (60.17-1-12) Dev 11-04, SP 06-04
57 Oneida Dr.
TR-1
Applicant wishes to add a deck and gazebo to existing structure and change roofline to add a dormer. No change in living space. Site visit conducted on 4/7.
P. Peterson informed the Board of findings from the site visit. There was a question on a new well to the north and also about the septic.
Mr. Kanis spoke from the audience and said a new well was installed in September by Ron Gill. The septic system is on the other side of the house. Little change will be made to the siding of the house. A dry well was installed previously and Mr. Kanis will be putting gutters along the gazebo, which will discharge into the dry well.
J. Brown moved to approve the application; P. Foster seconded.
Roll Call Vote
P. Foster – yes
J. Brown – yes
C. Clark – yes
P. Peterson – yes
Ch. Swanson – yes
N. Harrigan – recused herself
Motion approved 5-0; 1 person recusing herself
2. DELARM (30-1-3) Dev 12-04, SP 07-04
9813 Graphite Mtn. Rd.
HP
Applicant wishes to add a stairway to the building to conform to the requirements of the Warren County Building Codes Officer. Applicant also wishes to provide a new façade to the building. This property had received site plan approval for change in use from a firehouse to a restaurant and bar at the December 5, 2002 Planning Board Meeting. Site visit conducted on 4/7.
Mr. Ginn distributed drawings he had received today to the Board members.
Ch. Swanson reminded Mr. Ginn that at the time of approval he was to return with the plans when he was ready so the Board could make sure they fit in with the town.
Mr. Ginn plans to have siding on the “tower” that will match the gable end of the existing building. The other reason to come back to the Board is for the addition of the tower. The stairway will be constructed in the tower to comply with the fire code, which requires a covered stairway from the second floor. The tower will be recessed from the front of the building by approximately 2 feet.
Ms. DeLarm informed the board of her plans for the façade. In the future, the concrete block will be covered with stucco. For the present, the building will be painted.
The two doors on the left will remain and the 24 ft. door on the right will be taken out, a stairway will be built and, and a door will be installed to look like the doors on the left.
The building will be painted light charcoal gray with a red metal roof and red accents, and black and deep red awnings. A small awning will be on the two-story section and either an awning on the third door or a couple of umbrella tables outside. There will be no activity at the back of the building. It is too close to the brook. The back of the building will be all glass.
P. Foster made a motion to approve the applicant’s request to put in a stairway to meet code; N. Harrigan seconded.
Roll Call Vote
P. Foster – yes
J. Brown – yes
C. Clark – yes
P. Peterson – yes
Ch. Swanson – yes
N. Harrigan – yes
Motion approved 6-0
Ch. Swanson made a motion to approve the painting of the structure as described this evening, removing the old requirement that the applicants come back for approval of the façade; N. Harrigan seconded.
Roll Call Vote
P. Foster – yes
J. Brown – yes
C. Clark – yes
P. Peterson – yes
Ch. Swanson – yes
N. Harrigan – yes
Motion approved 6-0
3. KEATING (43.05-1-3) Dev 14-04, SP 09-04
Graphite Mtn. Rd.
HP
Applicant wishes to add stairs and a gazebo to an existing deck located within 50 feet of the brook. Site visit conducted on 4/7.
A question was raised whether the double-wide placement was faithful to the original footprint. S. Hourigan was at the site visit and assured the members that the building did adhere to the original footprint. Another question was raised whether new cinder blocks were added. Mr. Hourigan said they were replaced from the original foundation.
ZEO Bailey spoke with Mr. Hourigan and feels the footprint was met and the new house does not go any closer to the brook than the old one did.
Mr. Hourigan said he would rebuild the deck and put on a Garden Time Gazebo.
The Board did have concern with runoff from the roof of the gazebo but most members felt the runoff would go onto the deck.
ZEO Bailey said contact with the neighbors was not necessary in this case because the degree of nonconformity was not being made worse.
J. Brown made a motion to approve the rehabilitation of the deck and gazebo as presented in the application; P. Foster seconded.
Roll Call Vote
P. Foster – yes
J. Brown – yes
C. Clark – no
P. Peterson – yes
Ch. Swanson – yes
N. Harrigan – yes
Motion approved 5-1
4. WERNER (93.8-1-4) Dev 13-04, SP 08-04
Lakeshore Dr.
TR-1R
Applicant wishes to add a deck to an existing house. Proposed work is within 100’ from the lake. Site visit conducted on 4/7.
It is a lawful, nonconforming lot, but ZEO Bailey mentioned that he spoke with Mr. Viscardi regarding a 25% increase in living space. It was decided that the way the code is currently written, if the only issue was a nonconforming lot and didn’t involve any setback increasing the degree of nonconformance, Mr. Bailey could approve the application without site plan review. The addition of a deck would not increase the living space.
During the site visit, a question was raised about whether the trap door under the existing deck was access to the septic tank.
J. Brown made a motion to approve the application to add a deck to the existing house; P. Peterson seconded.
Roll Call Vote
P. Foster – yes
J. Brown – yes
C. Clark – yes
P. Peterson – yes
Ch. Swanson – yes
N. Harrigan – yes
Motion approved 6-0
5. SIMUNEK (12.18-1-29.2) Var 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. This hearing was postponed from the original date of March 24.
Ch. Swanson expressed his concerns with the proposal. The request does not comply with the subdivision regulations. It could also set a precedent for other homeowners.
ZEO Bailey explained the facts: the Simunek property currently exists in 2 parcels. The smaller one is on the lake side and the parcel on the west side of Rt. 9N is larger. Mr. Whisher would like to purchase the larger parcel. If the property were to be divided, the new lot would be nonconforming. The APA made a stipulation in 1988 that in no event can the density of that lot be increased.
C. Navitsky was asked for his thoughts. He replied that he feels the subdivision could result in an increase in density and could go from a single family home and 11 motel units to a potential of a single family home and 17 tourist accommodations when these properties are combined.
There is a 1988 decision from the APA that the Simuneks must have the OC-1 lot (on the west side of Rt. 9N) to make the lakeside lot a legal lot. The Code Book says not to make a nonconforming lot more nonconforming.
C. Clark made the following motion: The Planning Board does not recommend approval of the application based, in part, that this would contradict the 1988 decision from the Planning Board, the ZBA, the APA and the Town of Hague; and it would create a nonconforming lot; N. Harrigan seconded.
Roll Call Vote
P. Foster – yes
J. Brown – yes
C. Clark – yes
P. Peterson – yes
Ch. Swanson – yes
N. Harrigan – yes
Motion approved 6-0
NEW BUSINESS
BOSI (63-1-13) Dev 10-04 Var 03-04
Lakeshore Dr.
The Board to develop recommendations to ZBA.
Applicant wishes to add an addition to an existing house. The structure is located on a lawful nonconforming lot. A variance is required because the proposed addition will result in greater than 25% increase in square footage. Site visit conducted on 4/7.
The existing house is 864 sq. ft. The proposed addition is 664 sq. ft., which will result in an addition of approximately 75%.
ZEO Bailey said the Bosi’s have documentation that there is a fairly new septic system, which is adequate for the addition of the master bedroom. He also suggested doing a Site Review on Saturday May 22 since he will be on vacation prior to that time.
The Board discussed whether plans were complete. They felt the dimensions were too difficult to read, making the application incomplete. No recommendation was given.
ALDRICH (42-1-28.2) Dev 14-04
Dodd Hill Rd.
TR2
Applicant wishes to construct a house on lot. Applicant is in review process with APA since wetlands and possible archeological sites are in approximate area of house. House proposed within 100 feet of stream.
John Breitenbach represented the Aldriches.
The Karmazina subdivision was approved by the Planning Board in 1986. The Aldriches purchased the middle lot and applied to the APA for a permit. The APA determined that it was a Class A Regional Project requiring APA approval in 1986 because of the wetlands bordering the property. There is also an aboriginal burial ground with one mile of the house.
ZEO Bailey asked for pictures of the proposed house.
A Site Review will be conducted on Saturday May 22.
OTHER BUSINESS
The ZEO will be on vacation from April 27, returning on May 18. During his absence, Bertha will distribute applications and if any questions need to be answered, they will be directed to R. Gladu or W. Bothe.
ADJOURNMENT
N. Harrigan made a motion to adjourn the meeting; P. Peterson seconded. All members voted aye. The meeting was adjourned at 9:45 pm.
Respectfully submitted,
Mary Jo Keeler
Recording Secretary