Town of Hague Planning Board
March 2, 2006
Present: David Swanson, Chairman
John Brown, Tim Costello, Pam Peterson, Katy Wells
Absent: Rolly Allen, Peter Foster
Also in attendance: Catherine Clark, Zoning Enforcement Officer
Nancy Young, Recording Secretary
David Swanson called the meeting to order at 7:00 p.m.
The minutes from the February 2, 2006 meeting were amended as follows:
Under Navitsky: omit “There is a well located on the property.”
Substitute - The owner proposes to drill a well that will meet all setbacks.
Tim Costello moved to accept the amended minutes. Pam Peterson seconded.
Vote: Approved, 5-0
Frasier, (25.3-1-11.1), Graphite Mountain Rd. OC1
The request for a two lot subdivision was explained by attorney John Breitenbach, Jr.. Richard and Edna Frasier would like to create a 4 acre lot from their 82.52 acre property and convey it to their daughter and son-in-law, Lindsay and Michael Mydlarz. The Frasiers would retain the larger, 78.52 acre lot. Mr. & Mrs. Mydlarz hope to build a single family dwelling on their parcel. Permits for storm-water (from the LGPC) and driveway (from NYSDOT) are in hand. Although they are located far from the proposed building site, wetlands have been identified on the property. An APA jurisdictional inquiry is underway. Mr. Breitenbach also reported that a survey is being prepared. Board members scheduled a Site Visit for 9:00 am on 3/08/06. A Public Hearing will be scheduled for the April meeting.
Beneduce 42-1-23.1) Dodd Hill Rd. TR1
Cathy Clark informed the group that the storm-water application for the 11 lot subdivision was approved by the LGPC on 2/28/06, (Resolution 2006-14 Meeting 342). In addition she reported:
The SEQR process has been finalized; all agencies reviewed with a negative declaration.
All conditions set forth by the Hague Planning Board at their 10/06/05 meeting have been met. She noted the revised date on the Plot Plan is 07/08/05.
Language for the deeds has been provided (“Proposed Deed Restrictions Subdivision of Lands of Michael Beneduce”, prepared by Joseph P. Foerst, PLS, Feb. 8, 2006)
Waterkeeper, Chris Navitsky, who was in attendance, informed Board members that he is satisfied with the storm-water plan.
Scott Miller from CLA Site presented the Mylar and briefly reviewed the 11 lot subdivision. It was noted the restrictions for lot #11, containing the retention pond, will be listed on the deed.
Tim Costello moved the following resolution:
WHEREAS, at its meeting on October 6, 2005, the Planning Board approved the proposed Beneduce Subdivision consisting of 10 lots to be sold and the remaining portion of the original lot being retained subject to (I) approval by the Lake George Park Commission of a Storm-water Management Plan, (ii) archeological approval from the New York State Historic Preservation Office, (iii) the conditions noted on the plot plan dated July 8, 2005 being satisfied, and (iv) Chris Navitsky, the Lake George Waterkeeper, being satisfied with the storm-water management plans; and
WHEREAS, the Planning Board has been advised that the foregoing requirements have been satisfied and that the only item lacking is a Mylar showing the remainder of the original lot and owner has agreed to deliver such Mylar by March 16, 2006 for signature by the Clerk of the Board; and
WHEREAS, the deeds to each of the eleven lots shall contain the language set forth in Exhibit A (proposed deed restrictions) and the final deeds shall be submitted to the Planning Board;
NOW, THEREFORE BE IT
RESOLVED, that the approval given to the Beneduce subdivision at its meeting on October 6, 2005 be, and hereby is, confirmed subject at this time only to the delivery of the Mylar referred to in the second recital above and the signature thereon by the Clerk of the Planning Board (or in his absence, another member of the Planning Board) on or before March 16, 2006.
Katy Wells seconded.
VOTE: Approved, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Wells
Nays: none
Absent: Allen, Foster
Icke, 26.14-1-16) Waltonian Rd. TR1
On 11/03/05, Ms. Icke received approval from the Planning Board to demolish the home located in Friends Point. Cathy Clark reviewed plans for the replacement building and new garage:
Variance approval has been given to reduce the shoreline setback from 48 ft. to 47 ft.
The new garage will be located beyond 100ft. from the shoreline.
A storm-water management plan has been designed.
The height will increase from 24 to 31 ft., within the limit.
Although the proposed building is slightly larger than the original, it will meet all lot line setbacks and the lot coverage requirement.
According to contractor George Farinick, who was in attendance, the existing leach-field was substandard. Ms. Icke hopes to connect to the proposed Town sewer system, once in place.
Because the residence will be seasonal, Planning Board members agreed a holding tank can be used until such time. Mr. Farinick stated that a mound system could be designed, if needed.
Tim Costello moved the following:
WHEREAS, the current proposal meets or exceeds the previous plan that was approved by the Planning Board, and
WHEREAS, the sewer system will be a new mound system or if Phase II of the Hague Sewer system is passed, a holding tank will be allowed until the property can be hooked up to the new system, THEREFORE, be it
RESOLVED, that we approve this plan.
Katy Wells seconded.
VOTE: Approved, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Wells
Nays: none
Absent: Allen, Foster
Navitsky, (93.19-1-10) Lakeshore Dr. RC
The applicants wish to construct a single family dwelling and garage on a legal non-conforming lot. Mr. Navitsky reviewed the plans with Board members.
A barn currently located 9 ft. from the rear property line will be removed.
Plans call for a handicapped ramp into the house which will place construction for the detached garage 16 ft. from the rear line. A variance granting relief from the required 25 ft. setback has been requested.
A variance is also needed for the percentage of lot coverage, 16.4%.
Because the property is located in the Resource Conservation zone, a Type II Site Plan Review is required. A Jurisdictional Inquiry has been made to the APA.
Language in the deed allows for repair of the leach-field belonging to the neighboring property which is located on the Navitsky lot.
Because the lot existed prior to the Ordinance, members concluded that Section 160-61, (Gifts and Devises) does not apply.
Planning Board members did not find any concerns after visiting the site.
The ZBA has scheduled a Public Hearing for next month.
Motion: Katy Wells moved and Pam Peterson seconded the motion to recommend the ZBA approve the variance requests.
Vote: Approved, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Wells
Nays: none
Absent: Allen, Foster
Planning Board review will continue after the Zoning Board takes action on the variance requests.
Parlin, (60.13-1-22) Pudding Island Lane, TR1r
The applicant wishes to enlarge a deck to make it handicap accessible. Construction will be within 100 ft of the lake. All setbacks will be met and the increase in size will be minimal, 5%.
Tim Costello moved the following resolution:
WHEREAS: the proposal is a small increase that meets all the setbacks of the Hague Ordinance, and
WHEREAS, the ZEO has found no problems with this project, be it
RESOLVED that we approve the Site Plan Review.
John Brown seconded.
Vote: Approved, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Wells
Nays: none
Absent: Allen, Foster
Harrison, (43.17-1-1) Lakeshore Dr. TR-1
The applicants’ are requesting permission to build a 4 ft. fence along their property line. The new fence will extend the existing 6 ft. fence.
Cathy Clark brought the Board up to date on the proposal.
The original approval for the 6 ft. fence, granted in 1985, placed it 50 ft. from the shoreline. The existing fence is located only 5 ft. from the shoreline.
The Harrisons are proposing to place the new fence 6 inches from the lot line.
The ZBA has scheduled a Public Hearing for its next meeting for relief from the sideline setback.
Tim Costello moved to recommend the ZBA deny the variance request based on the following:
Mr. Stanislowsky, the neighbor to the south, is opposed to it.
The existing fence does not meet the terms of the 1985 approval stating it must be located 50 ft. from the lake.
The fence does not meet the sideline setbacks.
John Brown seconded the motion.
Vote: Approved, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Wells
Nays: none
Absent: Allen, Foster
Other Business
Accessory structure - Tim Costello reported that he and Rolly Allen have met to discuss changing the definition. Because the current ZEO is interpreting accessory structure the same way the Planning Board does, they do not feel it necessary to change the definition at this time. Planning Board members continued discussing the issue but came to no conclusion about how to restrict homeowners from using accessory structures as additional living accommodations.
The Town has received a grant from the LGPC which will allow the formation of a Citizens Advisory Committee. The goal of the committee will be to examine certain land use issues along Lake George and recommend strategies to address them.
Handouts - about upcoming conferences were distributed.
Rolly Allen has been recommended for the position of Planning Board Vice Chairman.
John Brown was recommended as Clerk of the Planning Board.
Adjournment
The meeting was adjourned at 9:02 pm on a motion heard from John Brown and seconded by Katy Wells
Vote: Approved, 5-0