Town of Hague Planning Board
September 7, 2006
Members present: David Swanson, Chairman
Rolly Allen, Tim Costello*, Pam Peterson
Members absent: John Brown, Peter Foster, Katy Wells
Also present: Catherine Clark, Zoning Enforcement Officer
Nancy Young, Recording Secretary
The meeting was called to order at 7:00 pm by David Swanson.
After introductions, the minutes from the meeting on August 3, 2006 were reviewed. The following changes were made:
Page one: Public Hearing - The 3rd sentence, beginning “ (Cathy: since I....)” was omitted.
Page one: Henry title should read section OC I - added the I
Page one: Regular meeting, first paragraph, second sentence, replace “guiding us in what we do” with - giving us legal guidance.
Page four: Other Business, third sentence, replace the word “except” with accept. The sentence should read - “The ZEO recommended to accept the definition .....”
A motion to accept the amended minutes was heard from Rolly Allen and seconded by Pam Peterson.
Vote: Carried, 4-0
IHH Properties, LLC, (26.18-1-1.1) Lakeshore Mine Rd. OCII
Cathy Clark explained the proposal to subdivide a 24.24 acre parcel into two lots, one consisting of 2 acres, the other 22.24 acres. The proposed 2 acre lot currently has a single family dwelling in place. The remaining 22.24 acres is encumbered, in part, by a conservation easement. Due to the 8 acre density restriction in zone OCII a variance is needed. Ms. Clark reported that the ZBA has scheduled a Public Hearing for September 28th.
The applicants’ representative, John Breitenbach, Jr. was present. Mr. Breitenbach explained that the line for the subdivision lies on an existing road, providing a natural break/ownership boundary. Subdividing will not affect the density in the area. The remaining acreage would be protected from development by the conservation easement. In the event the existing septic system leach field (serving several homes in the area) ever fails, the easement contains a septic provision which states up to 12 acres of the land can be excluded from protection. Mr. Breitenbach explained the 2 acre lot and the land set aside for the septic would comprise less than those 12 acres. The town sewer system is expected in the area, though.
Rolly Allen moved to schedule a Public Hearing for October 5, 2006. Tim Costello seconded.
Vote: Carried, 4-0
The proposed subdivision is considered a Class A, APA project. Although Mr. Breitenbach feels there will not be any problems with the subdivision, he would like to pursue local review before continuing with the APA.
Keating (43.5-1-5) Graphite Mountain Rd., Hamlet
Cathy Clark explained the applicant’s request for an 8 ft. fence across his front and side property lines in order to ease noise issues in the area. Fences on residential lots are limited to 4 ft. Variances will also be needed to grant relief from the 20 ft. roadside setback requirement and for the shoreline setback from the Hague Brook. The ZBA has scheduled a Public Hearing for September 28th.
Mr. Keating was in attendance and offered his reasons for the request. When he purchased his home the lot across the street was a museum. It is now a parking lot. Loud noises at night during the summer months limit his ability to have his windows open. He feels he has no recourse but to erect a fence.
Although sympathetic to Mr. Keating, Board members agreed the Town has identified the area as a business district and encouraged businesses to locate there. It was generally felt an 8 foot fence would not be in keeping with the neighborhood. Several alternatives were suggested. A temporary fence or a vegetative buffer might provide relief.
Pam Peterson noted that at one point in the review process, it was suggested Chris Navitsky design a landscaping plan for the parking lot but it did not take place.
Councilman Dick Gladu stated that the Town Board is presently investigating the possibility of a Noise Ordinance. They are soliciting public input at this point.
The Planning Board had agreed to draft a letter to the owners of the Firehouse Restaurant regarding the noise issue. At the recommendation of the Town Attorney, the letter has been put on hold pending the outcome of the Noise Ordinance.
Tim Costello moved to recommend denial of the variance to the ZBA. Rolly Allen seconded.
Vote: Not Carried.
Ayes: Costello, Allen
Nays: Peterson
Abstain: Swanson
* Tim Costello exited. The meeting was recessed at 7:37 pm.
The meeting was called to order again at 7:47 pm when Mr. Costello returned.
Sheehan, (25.3-1-16) Graphite Mountain Rd. OCI/OCII
The applicant is asking for after-the-fact approval for a 6 ft. by 545 ft. chain link fence. Cathy Clark reported that the ZBA has deemed the application incomplete until there is confirmation of the property lines. According to Ms. Clark, Town Attorney Viscardi has advised the Boards to table their review until the property line issues are resolved.
Kruger, (12-1-4) New Hague Rd. OCI
A short history of the property was provided by Cathy Clark. The applicant had applied for after-the-fact approval for an addition. Ms. Clark had requested the Planning Board wait to grant approval until several issues were addressed. After visiting the site, Ms. Clark reported those issues have been addressed; a new septic has been installed and a storm water plan was submitted and is being implemented.
The Warren County Planning Board recommends No County Impact with conditions that appropriate storm water and erosion control measures are implemented and a compliant septic system is installed.
Tim Costello moved to approve with the condition the rest of the storm water plan is done to ZEO approval, based on the specifications of the Zoning Ordinance. Rolly Allen seconded.
Vote: Carried 4-0
Macionis (26.6-1-1) Lakeshore Dr. TR1
Cathy Clark reviewed the Macionis’ request to construct a 10 ft. by 32 ft addition, a 6 ft by 24 ft. walkway and an exterior staircase. The deck addition and the staircase will maintain the current shoreline setback of 51 ft. The walkway will be located 45 ft. from the lake.
Additional details about the project were provided by Lee Peters, contractor. The applicants would like to build an addition on the footprint of an existing solarium. The walkway, constructed with treated lumber, is planned to provide access.
A variance is needed for the shoreline setback. The ZBA has scheduled a Public Hearing for September 28, 2006.
A Site Visit was scheduled for September 13th at 9am.
New Business
Cathy Clark has received a request from the Firehouse Restaurant to construct a 3 ft x10 ft storage shed which would require a variance. Lot coverage is at 87%. She asked the Board for guidance about how to proceed.
Planning Board members discussed other options that would not require a variance. Purchasing ready made bins and/or constructing something to shield the view from the street would provide a similar outcome.
Adjournment
A motion to adjourn at 8:10 pm was heard from Tim Costello and seconded by Rolly Allen.
Vote: Carried, 4-0