Town of Hague Planning Board
February 1, 2007
Members present: Chairman David Swanson, John Brown, Tim Costello, Pam Peterson,
EJ Siwek
Members absent: Rolly Allen, Peter Foster
Also attending: ZEO Catherine Clark, Town Attorney Dominic Viscardi,
Recording Secretary Nancy Young
Public Hearing
David Swanson called the Public Hearing portion of the meeting to order at 7:00 pm.
S. Rypkema, ( 43.5-2- 5) 9820 Graphite Mt. Rd. (Hamlet)
Cathy Clark explained the request for a change of use from a residential to a commercial property. The applicant would like to open a retail store in order to sell furniture, home accessories, gifts and wine. Ms. Clark noted that the proposed floor plan has been submitted.
One written comment was received:
The Hague Homeowners Association, no date, in favor of the change of use
Speaking in support of the proposal:
Neil Rypkema, Sabbath Day Point, cousin of the applicant
With no other comments heard either for or against the proposal, David Swanson closed the Hearing at 7:04 pm.
Regular Meeting
The regular monthly meeting of the Planning Board began at 7:04 pm.
Minutes
Tim Costello moved to approve the minutes from 1/4/2007 as written. Pam Peterson seconded.
Vote: Carried, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Siwek
Nays: none
Subdivisons
Waters, ( 25.4-1-18.11) 239 Decker Hill Rrd. (SCUZ/OCI)
The applicant is requesting a four lot subdivision of a 16.1 acre parcel. A survey has been submitted for review and the APA Jurisdictional Determination has been returned. The Planning Board previously deemed the project a minor subdivision.
Tim Costello lead a discussion related to the SEQR review process, specifically whether the Board should require Mr. Waters to complete an Environmental Assessment Form.
Tim Costello moved, and EJ Siwek seconded a motion to declare a negative declaration on this project.
Discussion:
Mr. Costello agreed to complete the Board’s review form, which will state the reasons for the declaration. The form will be included in the project file.
Vote: Carried, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Siwek
Nays: none
The Public Hearing will be held next month, 3/1/2007. John Breitenbach has submitted a written statement on behalf of the applicant, waiving the timeline related to action on this project. .
White/Bosi, (93.12-1-4, 93.12-1-24, 93.12-35.1) Lakeshore Dr. TR1
The applicants are applying for a lot line change involving three lakefront lots. If approved, three lots will become two. Adjoining properties west of Rt. 9N (non-lakeside) will be consolidated upon filing of the lot line change with Warren County. No lot will become more non-conforming.
Board members reviewed maps of the area with Cathy Clark. She made note the property being transferred is less than .25 acre. All agreed the impact of the proposed plan would be minimal, and an improvement to the area.
EJ Siwek moved to waive the Public Hearing, declare a negative declaration and approve the project as proposed. John Brown seconded.
Vote: Carried, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Siwek
Nays: none
Schouten & Raab, (42-1-13 &42-1-14.3) Decker Hill Rd (OCI/SCUZ)
The applicants are requesting a lot line change. If approved the neighbors will be exchanging property foot for foot. The Raab lot measures .91 acre and the Schoutens’ lot is 3.08 acre. There will be no change in acreage. Cathy Clark reviewed the history of the property, explaining the owners received preliminary/conceptual Planning Board approval on 9/2/2004.
Mr. and Mrs. Schouten appeared before the Board. Mr. Schouten informed the group that the survey has finally been completed and, if the lot line change is approved, can be filed in a timely fashion with Warren County.
The Board was presented photos of the area taken by Ms Clark and reviewed the recent survey of the properties. At present, the driveway to the Raab home crosses the Schouten property on the southern end of the lot. The Schoutens’ doghouse, currently straddles the property line to the north. Exchanging land would clear up both issues, according to Mr. Schouten.
EJ Siwek moved to declare a negative declaration and approve the request as presented. Tim Costello seconded the motion.
Vote: Carried, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Siwek
Nays: none
EJ Siwek moved and John Brown seconded a motion to waive the Public Hearing.
Vote: Carried, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Siwek
Nays: none
N. Rypkema/Auerbach, (93.12-1-9.1 &93.12-1-8) Lakeshore Dr. (TR1)
The applicants are requesting a lot line change. If approved .008 acre will be transferred from a 1.26 acre lakefront lot to an abutting .02 acre parcel. No lot will become more no-conforming.
Ms. Clark stated that if approved, 10 ft of shorefront and 12 ft of road frontage would be transferred to the Auerbachs.
Mr. and Mrs.Rypkema were present. Mr. Rypkema explained that the Auerbachs’cabana is located directly next to the lot line and their dock and mooring encroach onto his property. The transfer would ease the Rypkemas’ tax burden and make the Auerbach property less non-conforming without affecting the Rypkemas’ sideline setback.
A motion to waive the Public Hearing, declare a negative declaration and approve the request as presented was heard from EJ Siwek and seconded by Tim Costello.
Vote: carried, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Siwek
Nays: none
Old Business
S. Rypkema, ( 43.5-2- 5) 9820 Graphite Mt. Rd. (Hamlet)
Cathy Clark explained the request for a change of use from a residential to a commercial property. The applicant would like to open a retail store in order to sell furniture, home accessories, gifts and wine. Retail operations are allowed in the Hamlet area under Type I Site Plan Review. Ms. Rypkema will need to comply with ABC Laws and be licensed for the sale of wine.
Warren County Planning Board referral; “Deny without Prejudice , requesting more information regarding parking arrangements, site access, signage, lighting, landscaping, delivery access, hours of operation and to confirm compliance with State regulations in regards to the distance from the church.”
Ms. Clark noted the late arrival of additional information. Planning Board members discussed the application, addressing several of the above issues.
There are Town owned, public parking lots located next to the property as well as diagonally across the street.
Ms. Rypkema, who was unable to be present, has indicated the sign would be located over the bay-window on the road side of the building. According to Ms. Clark, she has agreed to meet all sign regulations. No DOT permit is needed, according to Ms. Clark.
While reviewing the floor layout with Board members, Ms. Clark expressed concern with the open wall between the two areas designated for sales. A solid wall would be required by the Liquor Authority in order to sell wine.
Hours of operation are uncertain at this point in time.
Ms. Clark has measured the distance to the Baptist Church, 217 ft., meeting the Liquor Authority requirement.
The property is located on a blind curve, therefore delivery access and pedestrian traffic need to be considered.
Tim Costello moved to approve the application for a change of use to retail store, with two conditions:
The owner should attempt to have deliveries made from the parking area to the structure.
The owner should close off the entrance to the street - replace the gate with fencing.
John Brown seconded the motion.
Vote: Carried, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Siwek
Nays: none
A Change of Use requires a Building Permit.
Strycker (43.17-1-3) 35 Springdale Manor Dr. (TR1)
Mr. and Mrs. Strycker, who were present, would like to replace a legal non-conforming one story home with a two story home. The footprint of the structure will stay the same.
The ZBA approved a variance for the greater than 25% increase on October 26, 2006.
When reviewed at their 11/02/2006 meeting, Planning Board members expressed concern with the visual impact from the lake. At the applicants request they agreed to table the matter.
The Board reviewed the project with the homeowners.
New drawings have been submitted showing architectural alterations to the lake side of the dwelling. Vegetative buffers are outlined.
Chris Navitsky, LG Waterkeeper has developed a storm water plan.
Many neighbors have expressed support.
Cathy Clark has inspected the septic and found it satisfactory. She noted that the new town sewer system is proposed for area.
EJ Siwek moved to accept the application and approve it as presented, assuming storm water plans will be implemented. Tim Costello seconded.
Vote: Carried, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Siwek
Nays: none
New Business
Nielson, (76.12-1-15) 20 Tower Point Rd. (HS-R)
The applicant is requesting approval of an 845 sq. ft. deck addition with a hot tub, located 65 ft. from the shoreline.
Dr. Nielson and her contractor, John Tenney, were present. Mr. Tenney reviewed the plans with the Board explaining the deck addition will round out construction that has taken place over the past year. The proposed deck, housing a hot tub, will be located near ground level. Stand-alone steps, measuring under 100 sq. ft. will lead to an existing dock. According to Mr. Tenney, both structures will barely be visible from the lake.
A Site Visit was scheduled for 2/2/2007.
Other Business
Cathy Clark informed the group that NYS requires 5 days Public Hearing Notice for subdivisions. Hague Code Book states 10 days.
Pam Peterson reported on the second meeting of the Lake George Regional Watershed Protection Plan she and Cathy Clark attended on 1/18/2007. Pam reported the focus of this meeting was stream corridor protection.
Town Attorney Viscardi will be attending the Association of Towns meeting in NYC; zoning issues are on the agenda.
Mr. Viscardi will rewrite his suggestions for Section 160-62 and for review.
Adjournment
The meeting was adjourned at 8:55 pm on a motion made by Pam Peterson and seconded by John Brown.
Carried, 5-0
Ayes: Swanson, Brown, Costello, Peterson, Siwek
Nays: none