Town of Hague Planning Board

July 6, 2006

 

Members present: Rolly Allen, Acting Chairman

            John Brown, Tim Costello, Peter Foster, Pam Peterson

 

Members absent: David Swanson, Katy Wells

 

Also in attendance: Dominic Viscardi, Town Attorney

            Catherine Clark, Zoning Enforcement Officer

            Nancy Young, Recording Secretary

 

Rolly Allen called the meeting order at 7:00 pm.

 

Minutes

 The following corrections/additions were made to the minutes of June 1, 2006:

            Page 1, title: date changed to June 1, 2006

Page 2: Wilson subdivision, 2nd paragraph should read - Mr. Wilson suggested he is willing to deed restrict the percentage of tree cutting on each lot of the subdivision. He will get back to the Planning Board with a proposal.        

Page 3: New paragraph after the 3rd paragraph to read, The ZEO made note that the application was not complete.

A motion to accept the minutes, as amended, was heard from Tim Costello and seconded by Peter Foster.

Vote: Carried, 5-0

 

Subdivisions

Wilson, (25.1-1-17 and 25.1-1-18) Graphite Mtn. Rd. and Summit Dr. OCI

Lake Woods at Hague Realty Subdivision

Cathy Clark reviewed the status of the project.

The subdivision received conceptual approval from the Planning Board on 1/06/2005. The applicant received preliminary approval of a 10 lot subdivision from the Planning Board on 6/01/2006.

A new Subdivision Plat, Development Plan, Storm water Plans, Wastewater Layouts, Road Profile and Erosion Control Plan have been submitted by the engineers.

            Section 150-7&8 of the Subdivision Regulations cites the pertinent zoning issues.

This has not yet been officially declared a Class A Jurisdictional APA Project. Ms. Clark explained the APA is waiting for the Jurisdictional Inquiry from Jarrett-Martin Engineers on behalf of Mr. Wilson. Once received, they will assign a case number and  forward information to the office of the ZEO.

The APA has not sent back their determination concerning the status of Lead Agency. According to Ms. Clark, there is a possibility they will only claim jurisdiction over the proposed parcels that involve wetlands. If that is the case, the Planning Board or its designate will need to act as Lead Agent and a SEQR will need to be filed.

The Town of Hague/Planning Board has been given the opportunity to comment on the storm water review by the LGPC which are submitted to the town for their review.

 

The Planning Board is waiting to hear back from the applicant.

 

Henry, (10-1-28) New Hague Rd. OCI

Cathy Clark reviewed the proposal.

The applicant is requesting a subdivision of her 9.2 acre property. She would like to create two lots measuring 6.2 acres and 3 acres. The minimum lot size in zone OCI is 2.9 acres.

            This is a minor subdivision, described in Section 150-6 of the Ordinance.

            The APA will review.

            Because of the location near a county road, Warren County will review.

 

Ms. Henry explained she originally purchased three, 3 acre lots in 1987 and was not aware that Warren County merged the lots at the time her deed was filed. Paperwork detailing this was provided.     

 

The Board scheduled a Public Hearing for the next meeting, 8/3/2006.

 

Stock, (43.13-1-3) Lakeshore Dr. TR1

The matter has been tabled at the request of the applicant.

 

Referrals to the Zoning Board of Appeals

Rebenack, (93.16-1-38) Sabbath Day Point Rd. TR1R

According to Ms. Clark, she is lacking information. The application has been tabled.

 

Old Business

Bauer, (60.5-1-18), Pine Cove Rd. TR1

Cathy Clark reviewed the application.

The owners would like add a second story to an existing home and build a new 18x26 ft. garage. They have reduced the size of the proposed garage and will place it 50 ft. from the lake.

Site Plan Review is needed because construction will be within 100 ft from the lake, according to Section 160-23 (C,g);

            And, Section 160-23 (C,2,1),  the proposed increase in living space is greater than 25%.

Pam Peterson reported on the Site Visit she made to the property.

Tim Costello reported on the visit John Brown and he made to the site.

Rolly Allen reported on the visit he made with Cathy Clark.

All made note of the following:

            The owner has addressed the problem of the proximity to the lake.

            There is no planned increase to the footprint of the structure.

Concern was expressed about the state of the septic system.

Mr. Bauer, who was in attendance, stated he is willing to update the system, if unable to hook up to the proposed Town sewer system.

 

A motion to approve was made by Tim Costello, with the condition the house will be connected to the Town sewer system. In the interim, a temporary holding tank should be installed. If the Town sewer system does not go through, the septic system should be upgraded.

The septic conditions will be reviewed by the ZEO.

The project meets the criteria in the Zoning Ordinance for Site Plan Review

John Brown seconded the motion.

Vote: Carried, 5-0

 

Laberto, (2-1-29), New Hague Rd. OCI       

Cathy Clark reviewed the request.

            The applicant wishes to build an addition to his home.

Site Plan Review is needed, per Section 160-27 (C,2,n),  more than 25% increase in living space.

Tim Costello and John Brown visited the site and reported no problems.

 

A motion was made by Tim Costello and seconded by Pam Peterson, to approve based on the criteria in the Ordinance.

Vote: Carried, 5-0

 

VanVoorhis, (42.12-1-25) Lakeshore Dr. TR1

Cathy Clark reviewed the proposal to build an addition to an existing residence.

            Pertinent sections to the Zoning Ordinance are:

                        Section 160-23 (C,g) construction within 100 ft. of the brook

                        Section 160-23 (C,2,1) more than 25% increase in living space

The project was modified on 6/29/2006:

The west wing of the addition should maintain the 50 ft. setback from the brook.

                        The parking area closest to the lake has been removed.

                        The entrance onto Rt. 9N near the southern property line has been removed.

                       

Contractor, George Farinick presented the new drawings to the Board.

            The west wing now measures 60 ft. from the center of the brook.   

            The bridge over the brook is gone.

            The future of an existing shed is uncertain, according to Mr. Farinick

The increase of living space is approximately 330%. Mr. Farinick feels the property is large enough to support the size of the structure.

 

There was discussion and question concerning the measurement of the west wing from the brook. Planning Board members explained that figures should indicate the distance of the building to the edge of the brook. Mr. Farinick assured them plans will comply.

 

With the plans revised, no setback variance will be needed, according to Ms. Clark. Lot coverage will be approximately 25%; zone TRI allows 30%.

 

The LGPC has been sent the modified plan.

 

Warren County Planning Board has been notified.

 

After discussing the advisability of scheduling a Public Hearing, Planning Board members and the Town Attorney determined they had sufficient information to render a decision.

 

Peter Foster moved to approve the addition to the existing home - the closest point to the edge of the brook is 50 ft. Tim Costello seconded the motion.

Vote: Carried, 5-0

 

Kruger, (12-1-4) New Hague Rd. OC1

Cathy Clark explained the proposal for after-the-fact approval of an addition to an existing camp.

The owner previously obtained the proper permits to upgrade an additional building on the property. Neither a building permit nor a Town of Hague Compliance Certificate has been requested for this structure.       

            New construction results in a 120% increase in square footage.

A new septic system is needed. The waste water plan was only recently received and conceptually approved by Ms. Clark.

Pertinent zoning sections are 160-50, 160-27(C,1,d) regarding shoreline setbacks and Section 160-27(C,2,n) for a more than 25% increase in living space.

 

It was noted Warren County Soil and Water may be interested in Storm water management. Planning Board members would like Chris Navitsky, the LG Waterkeeper to develop a plan.

 

Ms. Clark requested the Planning Board delay action until the new septic system is installed and approved. She has been informed it will be installed prior to the next meeting.

 

Other Business

The concept of 25% increase in square footage was reviewed. Points noted during the discussion were:

            A non-conforming property should not be allowed to become more non-conforming.

            As long as all zoning requirements are met, should it be allowed?

            What are the implications to lakeside development?

            The percentage of lot coverage may be of greater concern.

           

            It was noted the original intent of the clause is unknown.

            The matter will come to the ZBA for their interpretation at their next meeting.

 

All agreed on the need to continue discussion.

 

Adjournment

A motion to adjourn at 8:25 pm was made by Tim Costello and seconded by John Brown.

Vote: Carried, 5-0