TOWN OF HAGUE PLANNING BOARD
APRIL 3, 2008
The meeting was called to order by Chairman Siwek at 7 pm. Introduction of the
Board members: Dick Frasier, Rolly Allen, Martin Fitzgerald, Sr., E. J. Siwek,
Bruce Clark, John Brown, Pam Peterson
Also attending: Zoning Enforcement Officer Catherine Clark, Acting Recording
Secretary Judy Stock
The minutes of the MARCH 6, 2008 meeting as written were approved on a motion
by Pam Peterson and a second by Bruce Clark.
Vote to approve 7-0.
OLD BUSINESS:
RYPKEMA, (93.12-1-9.1), 7942 Lakeshore Dr. TR-1
Neil Rypkema appeared with a request for an amendment to his application
which had been approved by the Planning Board at their March 6, 2008 meeting. His
March 2008 application was for a two-car garage, with storage above, and a
breezeway-type roof connecting the proposed garage to an existing shed. He now
wants to build the garage closer to the house and will not be constructing the
breezeway to the shed. The garage will be broader and shallower than the
previous plan but the height will remain the same. The square footage will be
less than the combined total square footage of the March 6th approved garage
and breezeway. The distance from the closest spot on the garage to the lake
will be 82 feet. The location of the
garage will be in the same general spot as the original approval given in 2004.
Mr. Rypkema feels that the latest proposal will be more convenient as well as
more aesthetically pleasing. The shed will remain as is.
Mr. Rypkema will have to resubmit his stormwater plans to the LGPC.
John Brown moved that the Board accept an amendment to the March 6, 2008
approval to approve the request with the following criteria: 1) A satisfactory
stormwater management plan will be submitted and approved, 2) the structure
design changes will be submitted prior to the building permit from the ZEO, 3)
the structure should be no closer than 81 feet from the Lake and 4) there will
be no significant changes in design from the previously approved plans.
Bruce Clark seconded the motion. Vote: Carried, 7-0.
Ayes: Frasier, Allen, Fitzgerald, Siwek, B. Clark, Brown, Peterson
Nays: none
NEW BUSINESS:
1. LUKE VENTURES (ENGLER) (43.5-1-26)
Randy Engler would like to add a Kayak rental shop to his existing office
building. No exterior modifications to the building are planned, with the
exception of a kayak rack and a sign. This action will be a Type I site Plan
Review.
The Board previously approved his request for use as an office building. He
will continue to use that building as an office for triathlons but wants to add
the rental use. A drawing was submitted for the 2 1/2 foot by 5 foot sign to be
suspended from the post currently on the property. The square footage of the
sign is within the limit allowed under the town code. The existing post appears
to encroach on the NYS DOT right of way. There are underground storage tanks
from when the property was used as a gas station which may be on the NYS DOT
right of way. A highway work permit may have to be filed by the applicant. The
DEC also is involved in an on-going investigation of the underground tanks
which they have mentioned in an April 1, 2008 letter to Mr. Engler (a copy of
which was sent to the ZEO).
The Board noted that issues of responsibility for parking, launching and
restrooms may need to be addressed as well as a concern for safety standards
and the possible need for a marina permit. Dick Frasier asked Councilmen Meola,
who was in attendance, about the applicant’s proposal to use the restrooms and
parking lot at the Town beach for his business. Councilmen Meola responded that
the parking at the beach was for people using the beach. He stated that it is the applicants
responsibility to provide parking and restrooms for their customers. The Board did not feel it could take action
on the application until other issues are resolved.
EJ Siwek moved to deem the application incomplete based on the following
criteria: 1) need for resolution of DEC correspondence of April 1, 2008, 2)
need for clarification of the property boundaries with respect to the NYS DOT
and 3) incompleteness of the actual application form. Rolly Allen
seconded the motion.
Vote: Carried, 7-0.
Ayes: Frasier, Allen, Fitzgerald, Siwek, B. Clark, Brown, Peterson
Nays: none
2. MORE (93.12-1-13) 132 Sabbath Day Point Road (TR-1)
Dave More would like to construct a 706 sq. ft. deck within 100 ft. of the
lake. On May 6, 2006 the Planning Board approved a 1200 sq. ft addition to an
existing structure and a two car garage. The applicant has since decided not to
pursue the addition or the garage.
He would like to put a 12 foot deck across the 59 feet of the front of the
house facing the lake. The closest point from the deck to the shoreline would
be 71 feet.
EJ Siwek moved to deem the application incomplete as the Board is awaiting the
plans that would stipulate the horizontal drawing and railing and stairs
location, etc. but the Board members are in conceptual agreement with the
proposed plans upon getting the rest of the materials submitted. Rolly Allen
seconded the motion.
Vote: Carried, 7-0.
Ayes: Frasier, Allen, Fitzgerald, Siwek, B. Clark, Brown,
Peterson
Nays: none
A site visit was set for Saturday, April 26, 2008 at 9 am. Mr. More will get
the plans to ZEO Clark before then.
OTHER BUSINESS:
Code modification: Definition of “Structures.”
Each member had a paper (attached) outlining the current
definition of “structure” and suggestion for a new definition.
The Board then discussed several issues relating to the proposal.
All structures in Hague need a land-use compliance certificate. ZEO Clark mentioned that the reason it was
written that way in the code in the first place might have been to avoid having
to get a Variance when building a structure that would connect a dock to stairs
on the shore for example.
She also mentioned that
Also, the code does not limit the number of such structures that can be built under 100 square feet.
Since only the shoreline properties have this exemption, property off the lake
is subject to the restriction of getting a land-use compliance certificate,
instead of a simple permit from the zoning office, even if building a small
structure such as a gazebo. The effect of this inequity is that some structures
are being built with no permits at all.
For equity, the 100 square foot requirement could be omitted for off-lake
properties or included for all properties.
Or to make the code more equitable, the definition of a structure could be
changed.
EJ Siwek referred to the suggested new definition and mentioned that it was
based on
He then discussed issues with redefining “landscaping features.”
Rolly Allen asked, “What is wrong with having everyone get a permit to put up
any building?”
Cathy Clark noted that the problem is that the sideline setbacks would still
then have to be met. Dick Frasier noted that this would not make sense if you
wanted to put up a fence and had to put it 10 feet from your property line. And
if your neighbor did the same thing there would be a 20 foot gap between the
properties.
Rolly Allen suggested that the interconnectedness of this definition to a lot
of other things means the definition needs to be written by someone whose “head
works that way.”
Dick Frasier suggested that the proposed sentence, “To be considered a
structure, the object must be more than six inches above grade, or in excess of
100 square feet” should be amended to delete the last phrase and end with the
word “grade.” Then everyone would be treated the same way. Or
to consider two types of structures -exempt and non-exempt.
After more discussion and attempts at clarification, EJ Siwek stated that he
will circulate among the members a document with the issues for feedback and
then bring Town Attorney
SZABO (24-1-35)
At the March 1, 2007 meeting of the Planning Board approval had been given
for a six lot sub-division of a 15.5 acre property under Section 160-61 Gifts,
Devises and Inheritance. The approval was given with the stipulation that it
meets all the criteria for the gifts and devices section of the zoning code.
ZEO Clark presented copies of the deeds which showed that the stipulation was
met.
ADJOURNMENT:
John Brown moved to adjourn at 8:30 pm. Bruce Clark seconded.
Pam Peterson interjects: She mentions a memo had been
received asking Planning Board members to pick up their packets of information
from the Community Center on the Friday before the meeting. She said that she
may not be able to do that every time and would like the packet mailed to
her. All agree with the mailing of the
packets.
Motion to adjourn continues:
Vote: Carried, 7-0.
Ayes: Frasier, Allen, Fitzgerald, Siwek, B. Clark, Brown, Peterson
Nays: none
Respectfully submitted,
Modified at the Boards request 6-05-08
By Acting Recording Secretary Catherine Clark