Town of Hague Planning Board
April 6, 2006
Members present: David Swanson, Chairman
Rolly Allen, Tim Costello, Pam Peterson, Katy Wells
Members absent: John Brown, Peter Foster
Also present: Catherine Clark, ZEO
Nancy Young, Recording secretary
The meeting was called to order at 7:00 by David Swanson.
Minutes from the March 2, 2006 meeting were approved on a motion heard from Tim Costello and seconded by Rolly Allen.
Vote: Carried, 5-0
Frasier, (25.3-1-11.1) Graphite Mountain Rd. OC1
The Frasiers wish to create a 3.72 acre lot from their 82.52 acre property and convey it to their daughter and son-in-law.
Jurisdictional Inquiry #J2006-240 is complete. The APA has no objections to the subdivision.
A final survey has been prepared.
Cathy Clark informed those in attendance that the Notice of Public Hearing was not filed in a timely manner therefore the Public Hearing was rescheduled for the May meeting.
Ragot (42.20-1-6) Lakeshore Dr. TR2
Cathy Clark reviewed the history of the proposed four lot subdivision.
Mr. Ragot had requested the matter be adjourned until spring at which time the identified drainage issues could be addressed.
Previous concern had been expressed for a tree located on the property which has come down due to natural causes.
A Public Hearing was held in August 2005.
A new plot plan was presented which includes the proposed deed restrictions, and outlines the 40 ft. ROW between lots #1 and #2. Members requested the wording “intended” be removed from “ROW intended to supply access to lots 1, 2 & 3".
Ms. Clark presented photos of the property which show the flooding problem. She has contacted the NYSDOT regarding the matter. They expect to begin work in the area in the spring of 2007. Members expressed concern for future building on lot #1 because of the flooding problems. After further discussion, it was suggested Ms. Clark contact the Town Attorney to request his advice. They would like to know if the Planning Board can approve this subdivision knowing one of the lots floods? If so, how?
Members agreed to table further discussion until the next meeting.
Whisher, 12.18-1-15.1 and 12.18-1-15.2) Lakeshore Dr. TR1
The applicants are requesting a lot line change in order to accommodate a larger dock on their residential parcel. Both lots, owned by Mr. Whisher and Ms. Eaton, are non-conforming, and were created by variance in April 2002. Conditional approval stated there be no further subdivision of the lots. The size of the restaurant parcel would be reduced from .99 acres to .97 acres, with shoreline frontage reduced from 278 ft. to 253 ft. The size of the house lot would increase from .18 acres to .20 acres. Shoreline frontage would increase from 61 ft. to 85 ft.
Setbacks would not be affected.
Mr. Whisher, who was in attendance, explained that it is the angle of the existing property line which is limiting the length of allowable dock.
Rolly Allen moved and Tim Costello seconded the following motion:
Whereas, the two non-conforming lots will remain non-conforming, and
Whereas, the more non-conforming lot will become less non-conforming, and
Whereas, Section 150-31 of the Town Ordinance states, “ Where the Planning Board finds, due to special circumstances of a particular plat, that meeting certain requirement of these regulations is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirement subject to appropriate conditions, provided that in no case shall any of the provisions of Article IV, section 150-22, be waived” and
Whereas, the proposed change will not negatively impact any setbacks,
Now, therefore be it
Resolved, that the Planning Board approve the requested lot line change as proposed.
Vote: Carried, 5-0
Ayes: Swanson, Allen, Costello, Peterson, Wells
Navitsky, (93.19-1-10) Lakeshore Dr. RC
Mr. Navitsky briefly explained the request to construct a residence and garage on a legal non-conforming lot. He noted the APA Jurisdictional Inquiry ( J2006-183) has determined that no other permits should be required. A variance for the rear line setback and for the percentage of coverage has been granted with the condition that there be no further construction on the site. A storm water plan has been submitted to the LGPC.
Tim Costello made the following motion: To approve the request, pending approval of the storm water plan. The Board has reviewed the criteria in the Zoning Ordinance, and determined project meets them.
Pam Peterson seconded the motion.
Vote: Carried 5-0
Porter, (10-1-25.32) New Hague Rd. OC1
The applicant wishes to add a half bath to his newly constructed garage/workshop. It is the only structure on a 5.51 acre parcel. A new septic system is proposed. The application was submitted under Section 160-10, Accessory Use. After discussion, the Board decided to consider the garage/workshop a primary structure as it is the lone building on the site.
Tim Costello moved and Rolly Allen seconded a motion to approve based on the following:
It is the only structure on the property.
The Planning Board considers it the primary structure.
It is permitted under the OC1 Zone.
Vote: Carried, 4-1
Ayes: Allen, Costello, Peterson, Wells
Nays: Swanson
Nielsen, (76.12-1-15) Tower Point Rd. HS-r
John Tenney, representing the applicant, explained the request to construct a 14 ft. by 16 ft. sun porch to the east side of the existing home. The addition will be no closer to the lake than the existing building but will fall within 100 ft (76.1 ft) of the lake. The shoreline setback requirement for the secondary hamlet area is 50 ft.
The applicant requested the Board waive its Site Plan Visit, given the limited scope of the project and its negligible impact. Because several members were unfamiliar with the property, the Board was unable to honor the request and scheduled a Site Visit for 9:00 am on April 11, 2006. Dr. Nielsen, who was in attendance, gave permission to visit the property. She requested a decision be rendered as soon as possible.
Rebenack, (93.16-1-33) Sabbath Day Point Rd. TR1r
Chip Maynard, representing the applicant, explained the request to replace an existing residence with a new log home within 100 ft. of the lake. The existing foundation will be removed and the new residence built 12 ft. further from the shoreline. Although the new deck will not be any closer to the lake, a variance from the shoreline setback requirement is needed. The replacement building will have two stories but no increase in the number of bedrooms is planned, according to Mr. Maynard. The sauna currently located on the property will be rebuilt into a gazebo, using the same 7 x 7 ft. dimensions.
After reviewing the drawings, members requested confirmation of the distance of the deck from the lake and the height of proposed building.
A Site Visit was scheduled for 10:00 am on April 11th. Mr. Maynard agreed to stake the property.
Permission for the visit has been granted from the homeowner.
Puckette, (42.12-1-18) Lakeshore Dr. TR1
The applicants are requesting permission to build a 6x12 ft addition to the rear (road side) of their pre-existing, non-conforming home. The addition will maintain the current 4 ft. sideline setback, requiring a variance. The owners hope to expand the kitchen area and add a bathroom to the first floor of the home. New construction will be within 100 ft. of the shoreline.
A Site Visit was scheduled for April 11th.
Berger, (12.18-1-17) Lakeshore Dr. TR1
The applicant wishes to remove a portion of an existing deck and staircase which encroaches on their neighbors property. They propose to build a new staircase, with landings, on the lake side which would meet the existing stairs to their dock. New construction is within 100 ft. of the lake. A variance for the sideline and shoreline setbacks would be required.
A Site Visit was scheduled for April 11th.
More, (93.12-1-13) Sabbath Day Point Rd. TR1
* Rolly Allen recused himself.
Homeowner David More explained the request to build an addition to his home and add a 2 car garage. Site Plan Review is needed for the more than 25% increase and new construction within 100 ft. from the lake. A Jurisdictional Inquiry (J2006-194) has determined the wetlands located on the property pose no problems. A Site Visit was scheduled for April 11th.
Whisher, (43.5-2-15) Graphite Mountain Rd. Hamlet
* Rolly Allen recused himself.
Mr. Whisher is requesting permission to build a 9x16 ft. addition to the rear of an existing, non-conforming structure for the purpose of housing a refrigeration unit. A variance granting relief from the sideline setback is required. A variance for an 8x16 ft addition was granted in 1994 but the project was never completed, according to the file. Mr. Whisher would also like to add a cement stoop to the roadside of the building and has applied to NYSDOT for a permit.
Mr. Whisher reviewed his reasons for the request, making note that the building has been there for 50 years. He recognizes the neighboring property owner’s concern for fire equipment access, but according to the HVFD, hoses could be used. Mr. Whisher sees no other solution to the situation and feels the business would be a nice addition to the Town. He also noted the previous variance approval.
Neighboring property owner Rolly Allen addressed the Board with his concerns about the proposal. He stated the proposed construction, less than 2 ft. from the property line will diminish the value of his property. It will limit fire and rescue access to his apartment/business building which was built in the late 1800s. Mr. Allen feels conditions have changed since the original variance was granted in 1994 and would like the new owners to explore other options.
David Swanson gave those in attendance the opportunity to address the Board. Town Council member Dick Gladu suggested the Board request a statement from the Fire Department relative to the access issue.
A Site Visit was scheduled for April 11th.
A motion to recess until April 11th was heard from Katy Wells at 9:05 pm. Pam Peterson seconded the motion.
Vote: Carried, 5-0