Town of Hague Planning Board
May 1, 2008
Members Present: Chairman E.J. Siwek, Rolly Allen, John Brown, Martin Fitzgerald, Sr., Richard Frasier, Pam Peterson
Members absent: Bruce Clark
Also attending: Zoning Enforcement Officer Catherine Clark, Recording Secretary Nancy Young
E.J. Siwek called the meeting to order at 7:00 p.m.
The Board decided to review the minutes from 4/3/2008 at the next meeting.
The applicant would like to demolish an existing 459 sq. ft. structure and deck and construct a new 512 sq. ft. cabana and deck. The existing structure sits on the south side of the parcel, 1 foot from the MHW of Lake George. If approved the new cabana and deck will sit 8 ft. from the MHW of the lake and be located on the north side of the property.
Zoning issue: 160-50 B (b) Shoreline setbacks
Several observations from the Site Visit made to the property were noted:
The property has a steep slope.
Other areas on the land can accommodate a cabana.
Expressed concern about the proximity to the lake
No one representing the applicant was available to answer questions.
A letter from the APA was cited, 4/24/08, wherein they expressed concern about any vegetative cutting along the shoreline. The APA also feels this would not be an “in-kind” replacement. It should be considered a true variance. Reasons for moving the structure to a different location should be clearly stated.
When asked by the Board for comment, Jeff Plass from Silver Bay Construction noted Mrs. Johnson is unable to walk down to the lake, explaining the proposed location of the cabana.
Rolly Allen moved the following:
Based on review of the site, it seems inappropriate to establish a new location for an accessory structure when one exists on the site, already in an appropriate place. We recommend to the ZBA they not approve the variance. Richard Frasier seconded the motion.
Further discussion: E.J Siwek noted that other locations are available for the proposed structure.
Vote: Carried, 6-0
Ayes: Allen, Brown, Fitzgerald, Frasier, Peterson, Siwek
Nays: none
The applicant would like to expand and relocate a previously approved garage (3/23/2006). In addition they are seeking approval for a 96 sq. ft. shed already placed upon the lot. This requires relief from a condition placed on the 2006 approval from the ZBA “No further increase of lot coverage.”
Zoning issues: 160-31 (A) RC rear and front line setbacks, relief from conditions of approval.
Members who visited the site had no unfavorable comments. All felt the proposal seemed reasonable.
Rolly Allen moved to recommend to the ZBA they approve the request for a variance due to the fact the change is basically insignificant. Pam Peterson seconded the motion.
Vote: Carried, 5-0-1
Ayes: Allen, Brown, Fitzgerald, Peterson, Siwek
Nays: none
Abstentions: Frasier
The applicant would like to install a 176 sq. ft. stone patio with a crushed rock base on a legal non-conforming lot. The existing house now covers 15.9% of the lot. If approved the patio would be a .35% increase. A landscape plan has been submitted.
Zoning issue: 160-31 (A) RC percentage of coverage
Comments from the Site Visit:
There is a tall pine tree in the patio area. Will it be removed?
The proximity to the lake was noted.
Discussion about the importance of creating some type of vegetative barrier to protect runoff from entering the lake
Pam Peterson moved to recommend the ZBA approve the installation of a 176 sq. ft. patio of flagstone with crushed stone base on this legal non-conforming lot, with two conditions:
A vegetative plan is executed with appropriate native plantings.
The base for the patio should be installed to allow for proper drainage.
John Brown seconded the motion.
Vote: Carried, 5-0-1
Ayes: Allen, Brown, Fitzgerald, Peterson, Siwek
Nays: none
Abstentions: Frasier
The applicant would like to construct a 696 sq. ft. deck within 100 feet of the lake. On 5/6/2006 the Planning Board approved an application for a 1200 sq. ft. addition to an existing structure and a two-car garage. Mr. More has since decided not to build the addition or the garage.
Zoning issue: 160-23 C (g) new construction within 100 ft of the lake
Mr. More was in attendance and assured the Board no further construction has taken place on the property since their Site Visit. Thinking he had met the zoning requirements, he had begun building on the lot. He apologized for the mistake.
Comments concerning the Site Visit made to the property did not indicate anything negative. One suggestion was made encouraging Mr. More to plant shrubs along the deck as a buffer.
Cathy Clark noted the shoreline requirements have been met.
Rolly Allen moved to recommend approval based on the submitted plans and from observations made during the Site Visit. One condition was noted: a vegetative buffer should be created to shield it from the lake running the length of the deck, measuring a minimum of 2 feet wide, with a minimum height of 2 feet.
John Brown seconded the motion.
Vote: Carried, 5-0-1
Ayes: Allen, Brown, Fitzgerald, Peterson, Siwek
Nays: none
Abstentions: Frasier
The applicant would like to place an 8 ft by 12 ft. storage shed 75 ft. from the lake. He would also like to construct two retaining walls, 18 in. high for the purpose of terracing the front slope of the property.
Zoning issue: 160-23 C (g) new construction within 100 ft. of the lake
Cathy Clark explained the proposed location for the shed is due to the contour of the land.
The Board deemed the application complete and scheduled a Site Visit for 9:00 am on May 9th. Prior to their visit they would like an elevation drawing denoting color, exact dimensions and location. They also requested the homeowner stake the property.
It was decided the retaining wall does not require Site Review.
On 4/26/07 the ZBA approved an application for a 110% addition to an existing non-conforming house with the condition there be no increase to the existing footprint. When construction began it was found the existing first floor components were not sound. The applicants have had to replace most of the first floor, changing the proposal from an addition to an existing structure to more of a total replacement. This requires Site Plan approval.
Zoning issues: 160-62 Continuation of a non-conforming structure
Mr. and Mrs. Marschner were in attendance to explain their situation.
It was suggested the Planning Board consider the structural integrity of an existing building if they review this type of proposal in the future.
A motion to approve the application was heard from John Brown and seconded by Pam Peterson.
Vote: Carried, 6-0
Ayes: Allen, Brown, Fitzgerald, Frasier, Peterson, Siwek
Nays: none
After discussion Planning Board members decided to send E.J. Siwek’s draft language to Town Attorney Viscardi for his review and integration into the Ordinance.
Next meeting
In the event Chairman EJ Siwek and Deputy Chairman Rolly Allen will not be in attendance at the next meeting, Pam Peterson moved to authorize Bruce Clark to act in their absence. John Brown seconded the motion.
Vote: Carried, 6-0
Ayes: Allen, Brown, Fitzgerald, Frasier, Peterson, Siwek
Nays: none
A motion to adjourn at 8:05 pm was heard from John Brown and seconded by Richard Frasier.
Vote: Carried, 6-0
Ayes: Allen, Brown, Fitzgerald, Frasier, Peterson, Siwek
Nays: none