PUBLIC
HEARING
September
2, 2004
Present: David Swanson, Chairman; Pam Peterson, Rolly Allen, Cathy Clark, Peter Foster, John Brown and new member, Tim Costello
Also in attendance: Graham Bailey, Zoning Enforcement Officer, Judy Stock, Acting Recording Secretary
Chairman Swanson opened the Public Hearing at 7:05 PM
SUBDIVISION - MINOR
1. DISBROW (59.8-1-2.1, SUB 05-04, TR-2), 147 Split Rock Road
Applicant wishes to subdivide the parcel into 4 lots of 25.24 acres, 24.29 acres, 2.31 acres and 84.55 acres. All minimum setbacks are met.
Kate Barry, 114 Split Rock Rd, has a deeded right to a spring on the 2.31 acre lot. She has concern about the position of a septic system. She wants to be sure that there is no pollution for her water supply.
Sheila Burnash, 117 Split Rock Rd, lives in an adjacent lot. She noted that there is always a lot of wetness on the lot and is concerned about drainage onto her property with a new building.
The regular meeting opened at 7:15 PM and the minutes were approved 7-0.
OLD BUSINESS
VARIANCE
RECOMMENDATIONS
1. REINGOLD
(43.13-1-5, VAR 06-02, TR-1), Abenakis Drive
The Zoning Board of Appeals (ZBA) has asked for a recommendation from the Planning Board on a variance application to move an accessory structure which had been in violation and attach it to an existing house which will be modified to add a second floor. A single story garage at ground level will be built where the accessory structure had been. The variance is requested because a portion will be within 50 feet of the Lake, 50 feet of a brook and will exceed a 25% increase in square footage. There is no side setback issue. Site visits have been conducted at several times by PB and ZBA members.
Discussion: ZEO Graham Bailey noted that under new guidelines for calculating square footage of structures on shoreline properties the square footage of all decks, porches, attics and attached garages are to be included. As a result the percent of increase is 59% which is lower than the original figures.
Chairman Swanson noted that correspondence from counsel retained by the Town recommends granting the variance. Mr. Allen felt that it only referenced the moving of the accessory building.
Cathy Clark asked, “Can we assume that the second story addition to the cottage has no attic or crawl space above it - that it’s just going to open right to the roof line?” ZEO Bailey responded in the affirmative. Ms. Clark also suggested gutters to bring the runoff away from the Lake or brook. Pam Peterson proposed eliminating the front porch on the addition which is further encroachment toward the Lake.
John Brown felt that the 8’ x 30’ addition on the back is basically cosmetic. He also felt that what started out as an outbuilding for storage space now becomes a 5 bedroom addition. He further said that architects drawings for the garage were needed because “too many times we get stuck with what we have been given. We act in a responsible manner with the information given and then it changes.”
Rolly Allen said, “In the diagram showing elevations it appears that the porch is rebuilt and raised along with the roof line change the facade as it is looked at from the Lake and that is the thing, in fact, that is 7 feet from the Lake.” Further Mr. Allen stated, “The Reingolds certainly have enough acreage and I support the concept of enlarging their home. but we need to assure that we maintain the character of homes which abut the Lake. ...If you take the whole proposal, including the second story, it is further encroachment on the Lake.”
Mr. Reingold noted that the design of the second floor is such that “you won’t see a two-story house from the Lake. There is no kneewall in the attic.” He also said, “The roof of the existing porch will stay where it is.
The height of the existing cottage is shown as 24’ but chances are it would actually be below 24’ in height.” As to the garage he stated they would “stick exactly” to the sizes on the drawings and will fill in the old foundation “so you can drive in at grade.”
Chairman Swanson said, “I basically support the current proposal since it has been a long road and (the current proposal) is within the realm of reason.”
Peter Foster said the sewer should be hooked up. He felt that the positioning of the moved the accessory building seems to have the least impact.
Tim Costello
moved and Dave Swanson seconded a motion to recommend to the ZBA that the
Reingold proposal be approved based on with the following conditions:
1. There is implementation of a stormwater runoff plan satisfactory to the ZEO.
2. The sewer is hooked up.
3. The 8 x 30 back house is cut back by a minimum of 10 feet (to the first window).
(The maximum dimensions of the back house will therefore be 8’ x20’.)
4. The sewer and water are removed from the garage and include filling in the foundation to build to grade.
5. There will be revised drawings satisfactory to the ZEO.
6. There is no change to the existing porch roofline.
7. The height of the roof peak of the addition to the existing cabin be no greater than 24’ 6’’.
Costello: yes; Brown: yes; Allen: yes; Swanson: yes; Peterson: no; Clark: yes; Foster: yes. Motion was approved 6-1.
2. SCHNABEL
(43.13-1-6, TR-1), Abenakis Drive
Applicant wishes to add an addition to their existing house. The house is hooked up to the sewer. The addition would be a partial second floor above the south half of the existing house. There is no change in footprint. The addition would be within 50 ft of the Lake and would be in excess of 25% increase in square footage. The height with the addition is within guidelines and is not an issue.
Cathy Clark noted that during the site review they felt a gutter system would be good.
John Brown moved and Pam Peterson seconded a motion to recommend to the ZBA approval of the request of the Schnabels with the condition that there be an approved stormwater plan and implementation for the entire house satisfactory to the ZEO.
Costello: yes; Brown: yes; Allen: yes; Swanson: yes; Peterson: yes; Clark: yes; Foster: yes. Motion was approved 7-0.
SUBDIVISION – MINOR
1. DISBROW (59.8-1-2.1, SUB 05-04, TR-2), 147 Split Rock Road
Applicant wishes to subdivide the parcel into 4 lots ranging in size from 2.3 acres to 84.5 acres. The Board acknowledged the concerns of the speakers in the Public Hearing. ZEO Bailey said that some of the issues would have to be looked at when someone wants to build on the 2.31 acre lot and would have to get a wastewater permit. Approval of the subdivision can be contingent on adequate protection of the water supply. He noted that it is not an APA designated wetland.
It was discussed that regulations state that a septic field has to be 100 ft from a spring and have a 10 ft setback from the road. The survey could denote the spring on the final plat. There could be a site evaluation to see where a wastewater system could be safely placed before acceptance of the final plat.
Peter Foster moved and Cathy Clark seconded a motion to allow the applicant to subdivide the parcel into 4 lots ranging in size from 2.3 acres to 84.5 acres. The final plat must show the location of a deeded spring water supply on the 2.31 acre lot and the deeded right of way to Split Rock Rd from lot B.
Costello: yes; Brown: yes; Allen: yes; Swanson: yes; Peterson: yes; Clark: yes; Foster: yes. Motion was approved 7-0.
NEW BUSINESS
SUBDIVISION - MINOR
1. RAAB
(42-1-13, SUB 6-01, OC-1), Decker Hill Road
Applicant wishes to change a lot line with neighbor by exchanging property foot for foot. No change in total acreage. One lot is a lawful non-conforming lot of 0.99 acres; the other is a lot of 3.17 acres which is conforming in acreage in OC-1 (where minimum is 2.9 acres).
A final plat needs to be done by a licensed surveyor within 62 days. It then must be recorded with the county within 60 days.
Rolly Allen moved and Peter Foster seconded a motion to give preliminary conceptual approval to the plan.
Costello: yes; Brown: yes; Allen: yes; Swanson: yes; Peterson: yes; Clark: yes; Foster: yes. Motion was approved 7-0.
OTHER BUSINESS
1.
Letter of thanks
Rolly Allen moved and Peter Foster seconded a motion to thank Nancy Harrigan for her many years of excellent service. Rolly will write the letter. Approved 7-0.
2.
Comprehensive Plan Recommendations
Town Councilman Dick Gladu discussed the status of recommendations of Chapter 4 of the Comprehensive Plan that the Planning Board is asked to work on. He suggested that Board members could be assigned to the different tasks. He would like a quarterly report on the progress at the end of September. He said that the process is as important as we want to make it. A special meeting will be held on Tuesday, September 14th at 4:30 pm to further discuss the matter.
3.
Open Space Recommendation
Under the subdivision code there is a requirement of developers of major subdivisions to contribute either 10% of their land or pay a suitable fee. A Town-wide policy is needed. ZEO Bailey will get data on what other towns do.
Further discussion will take place at the September 14th meeting.
4.
25% Increase in Square Footage Limitation
The Town Attorney thought it was probably reasonable to get rid of it since Hague is only Town with this requirement. The ZEO raised this issue for future consideration.
5.
Noise Ordinance
Cathy Clark again discussed the need for a noise ordinance and referred to Bolton’s code.
6.
APA Proposed Rulemaking
Members need the current APA regulations in order to be able to discuss the proposed regulations. Hague would be impacted by the shoreline and subdivision provisions.
7.
Follow-up on Van Wirt home
Peter Foster alerted the Board to the fact that the Van Wirt home may be sold soon. There were conditions imposed by the Planning Board after a site review which were supposed to have been met before a CO. The water and sewer lines to the old house were to be disconnected and the trees were to be replanted.
ZEO Bailey would be hesitant to start any proceedings unless directed to by the Town Board. He will check the files and let Chairman Swanson know so that the Planning Board will know what action to take.
Cathy Clark moved and Peter Foster seconded a motion to adjourn. The motion was approved 7-0 and the meeting adjourned at 9:40 pm.
Respectfully submitted,
Judy Stock
Acting Recording Secretary