Town of Hague
Planning Board
April 7, 2005
Present: David Swanson, Chairman
Rolly Allen, John Brown, Cathy Clark, Tim Costello, Pam Peterson
Absent: Peter Foster
Also in attendance: Graham Bailey, Zoning Enforcement Officer
Nancy Young, Recording Secretary
Public Hearing
Waters, (25.4-1-18.11) Decker Hill Rd. OC-1
David Swanson called the Public Hearing to order at 7:00 pm.
Graham Bailey read the Public Notice as it appeared in the Post Star on March 31, 2005.
Property owner Nelson Waters noted his recent survey indicates a slight change in the property and lot sizes. The entire parcel measures 52.5 acres, with proposed lot sizes of 23, 16.1, 7.4 and 6 acres. Mr. Waters is donating a small parcel of land , 0.5 acres, on the north side of Rt 9N to the Hague Fire Dept.
Chris Navitsky, Lake George Waterkeeper, spoke in support of the proposal, complimenting Mr. Waters for not “maximizing” the land with this subdivision.
With no one else wishing to speak for or against the proposal, Chairman Swanson closed the Public Hearing at 7:07 pm.
Regular Meeting
The regular meeting of the Planning Board was called to order at 7:07 pm by David Swanson.
After an introduction of Board members, a motion to accept the minutes from the March 3rd meeting was heard from Rolly Allen and seconded by Pam Peterson.
Vote: Approved, 6-0
Waters, (25.4-1-18.11) Decker Hill Rd. OC-1
David Swanson noted the Board had previously given conceptual approval to this subdivision.
Graham Bailey provided the group with a completed SEQR form for their review.
Motion: Cathy Clark moved to approve the SEQR form with the modified lot sizes and total acreage. Second by Tim Costello.
Vote: Approved, 6-0
Motion: Rolly Allen made a motion that the minor subdivision of the Waters property of 52.5 acres be approved. John Brown seconded the motion.
Vote: Approved, 6-0
Wilen, 43.13-1-4, Lakeshore Dr. TR-1
Based upon information received from Mr. Wilen’s attorney and the Town Attorney, the property does not appear to have been consolidated into one parcel. Therefore, a subdivision is not needed. Mr. Wilen wishes to proceed with a lot line change in order to meet appropriate setback dimensions.
According to Graham Bailey, the survey presented at the last meeting (for the subdivision) reflects the lot line change exactly, creating two 1.1 acre lots.
Discussion ensued about the history of the property. Rudy Meola, Jr., attorney for Mr. Wilen, briefly explained the differences between tax maps (not legal documents, used for property assessments only) and deed descriptions, and how the misunderstanding concerning the status of the property occurred.
Motion: Cathy Clark moved to revoke permission of the Wilen subdivision given at the March 3rd Planning Board meeting because of the change in the application from a subdivision to a lot line change. Pam Peterson seconded the motion.
Vote: Approved, 6-0
Mr. Wilen will provide a mylar or sign-able map and new deed descriptions in order to complete the change at the next meeting .
Oxford /Tier, (76.20-1-3) Silver Bay Rd. TR-1
Application withdrawn
Barton, (60.17-1-13), Oneida Dr. TR-1R
Graham Bailey explained the request to construct an 8 ft. addition onto a home located within 100 ft. of the lake. A Site Visit was made to the property on March 4th. Notes from that visit and the written comments from Chris Navitsky, dated April 6, 2005, have been entered into the file.
Cathy Clark reviewed the notes from the Site Visit, indicating the group saw nothing of concern.
The homeowners plan to install a new septic system which will require approval of the ZEO prior to issuance of a Zoning Compliance Certificate.
Motion: Tim Costello moved and Pam Peterson seconded, to approve the application.
Vote: Approved 6-0
Neuman, (60.13-1-9), Rd Fox Lane, TR-1
The Neumans wish to add dormers and an 8 ft. entryway to their home in Arcady Bay. The lakeside dormer will fall within 100 ft. of the shoreline. There will be an increased number of bedrooms requiring the homeowners to upgrade their septic system.
Motion: Tim Costello moved to approve with the condition the septic system be upgraded to the satisfaction of the ZEO. Rolly Allen seconded the motion.
Vote: Approved, 6-0
Arcady Bay Association will also review this proposal.
Maiaro, (42-1-9), Decker Hill Rd., OC-2 and (25.4-1-41), Fitzgerald Rd., OC-2
The Special Commercial Use Zone, created in 1996, allows for certain additional uses, including the Wastewater Treatment Plant. Some properties within the Special Commercial Use Zone fall into the OC-1 zone (2.9 acres) and others, the OC-2 zone, (8 acres). The Maiaro property, located directly across Decker Hill Rd. from the Waste Treatment Plant, is located in the OC-2 zone. The Maiaros would like the Town to re-zone their property to permit 1.5 or 2 acre lots. (Letter dated 2/10/05 entered into file.) The Town Board has asked for a recommendation from the Planning Board concerning this matter.
Mr. Maiaro addressed the Board to explain his request for a “correction” to the situation. He asked the group to consider that only his and the neighboring Nadeau property are directly affected by the 8 acre zoning. Lengthy discussion followed, wherein it was generally felt that Mr. Maiaro’s request raises valid points about the need for consistent zoning (2.9 acres). Board members were uncertain about the rationale used for the creation of the Special Commercial District and did not feel they had enough information to provide a recommendation to the Town Board. All were in agreement that any zoning change would require APA approval and most likely be difficult to achieve. It was decided the APA should be approached to inquire about the possibility of re-zoning that area. David Swanson agreed to move that process forward. It was also suggested that other property owners in the area be contacted for comments or concerns.
Code modifications - Graham Bailey will request that the proposed change to eliminate the word "attics" from the definition of Square Footage in the Code be added to the Town Board agenda for consideration.
Training - to be held in Hague on May 4th
Form change - language pursuant to the SEQR process has been added to application forms.
Comprehensive Plan - ZEO Bailey suggested that the Planning Board recommend to the Town Board that a committee, representing a variety of interests, be formed to assess the recreation and parkland needs of the town.
Adjournment
A motion to adjourn the meeting at 9:00 pm was made by Rolly Allen and seconded by Tim Costello.
Vote: Approved, 6-0