PLANNING BOARD
TOWN HALL
HAGUE, NEW YORK 12836
TELEPHONE 518 543-6161
AUGUST 7, 2008
TIME: 7:00 PM
Chairman EJ Siwek opened the Public Hearing at 7 pm. Also present were Dick Frasier, John Brown, Martin Fitzgerald, Sr, Bruce Clark and Pam Peterson. Rolly Allen was absent.
ZEO Catherine Clark read the notice that was published in the July 24, 2008 edition of the Glens Falls Post Star.
RAJOPPI (25.4-1-13) 9626 Graphite Mountain Road (OC-1)
The applicant is applying for a two lot subdivision of a 11.24 acre lot. If approved lot 1 would consist of 8.33 acres and lot 2 would contain 2.91 acres. A 30 foot right-of-way is proposed through lot 1 for a means of access to lot 2. The zoning issue is 150-6, Review of Minor Subdivision.
The Board members were introduced.
One letter was received, in email form, dated July 29, 2008 for "support of the Rajoppi proposed two lot subdivision" from adjacent landowner Nelson Waters, 239 Decker Hill Rd.
John Grady, the surveyor who prepared the sub-division map, was in attendance.
Bruce Clark asked why a trench had been dug. Mr. Grady said he didn't know - his client didn't do it and it wasn't necessary to note on the survey.
Pam Peterson noted observations from the site visit. The stormwater drainage is parallel to Route 8. They would need a culvert there. There do not appear to be any wetlands or streams on the property. How will power get to the back lot - underground or by poles? The client should consider how to go across the easement. Mr. Grady said his client did not indicate that but it would be within the 30 ft. easement.
There being no further comments, the chairman closed the Public Hearing at 7:06 pm.
The regular monthly meeting of the Planning Board was then called to order by Chairman Siwek.
A typographical error in Mr. Siwek's name was noted in the minutes of July 10, 2008. Bruce Clark made, and Dick Frasier seconded, a motion to accept the minutes as amended.
Ayes: Fitzgerald, Frasier, Clark, Brown, Peterson and Siwek
Nays: none
Abstain: none
Chairman Siwek read the following agenda item:
1. RAJOPPI (25.4-1-13) 9626 Graphite Mountain Road (OC-1)
The applicant is applying for a two lot subdivision of a 11.24 acre lot. If approved lot 1 would consist of 8.33 acres and lot 2 would contain 2.91 acres. A 30 foot right-a-way is proposed through lot 1 for a means of access to lot 2. The zoning issue is 150-6, Review of Minor Subdivision
ZEO Clark stated that with reference to the culvert and the right-of-way a NYSDOT Highway work permit application would be required.
Pam Peterson read a checklist for environmental assessment. See Appendix A.
EJ Siwek also read a checklist for environmental assessment. See Appendix B.
Mr. Siwek then read the following statement:
The proposed project will not have a significant effect on the environment and therefore does not require the preparation of an Environmental Impact Statement. This determination is based on the reasons stated below and my reason for determination was that in review of the property in question, and in review of the parcels in the general area, I found nothing that would involve an environmental impact. I thereby declare a negative impact declaration is warranted.
Mr. Siwek called for a roll call vote to declare the negative impact which passed 6-0.
Ayes: Fitzgerald, Frasier, Clark, Brown, Peterson and Siwek
Nays: none
Abstain: none
John Brown made, and Martin Fitzgerald seconded, a motion to approve the application.
The following findings of fact were stated:
The project meets the standards and codes of the Town of Hague, has been reviewed and we feel it is an acceptable subdivision assuming all the information submitted is correct.
The motion passed 6-0.
Ayes: Fitzgerald, Frasier, Clark, Brown, Peterson and Siwek
Nays: none
Abstain: none
2. CLARK (43.5-2-18, 19, & 20) 9015 Lakeshore Drive (Hamlet)
ZEO Cathy Clark indicated that the applicant wishes to revise the request. It was tabled until September.
REFERALS TO THE ZONING BOARD OF APPEALS:
ZEO Clark read the following:
1. KOSSBIEL (12.14.-1-21) 9651 Lakeshore Drive (OC I)
The applicant is requesting a Variance for sideline setback and percentage of coverage so he may install a 14’ x 22’ open deck to the front of a house and a 54 sq. ft. walkway with stairs, mostly over an existing cement staircase, to provide two means of egress from the current structure. The zoning issues are 160-27A percentage of coverage and sideline setbacks.
ZEO Clark reported that the ZBA has accepted a survey provided by Mr. Doulin, neighbor to the south, documenting that the sidelines on the application meet the same setbacks as the property to the north. Warren County has declared no county impact.
The ZBA held their Hearing open and will make a decision at their next meeting.
Bruce Clark moved, and Pam Peterson seconded, a motion to recommend that the ZBA approve the application with the facts that it is a reasonable application, has the concurrence of the neighbor, and no great impact on the zoning codes.
The motion passed 6-0.
Ayes: Fitzgerald, Frasier, Clark, Brown, Peterson and Siwek
Nays: none
Abstain: none
ZEO Clark read the following:
2. BENEDUCE (93.19-1-8) 7776 Lakeshore Drive RC
The applicant is proposing to construct a two story addition to a nonconforming house. If approved a portion of existing structure will be removed. The proposed addition will be 54 feet from the lake and be located on the west side of the current structure. The zoning issues are: 160-31 A. Maximum Lot Coverage & 160-62 A. Nonconforming structures
ZEO Clark reported that the ZBA has made a site visit and the Public Hearing is scheduled for their August 28th meeting. She noted that this property is in the only area along the shoreline which was designated Resource Conservation.
The septic will need review and the leech field is under the shed. If there is no other alternative a holding tank can be used. The neighbors are on holding tanks.
EJ Siwek moved, and Bruce Clark seconded, a motion to recommend that the ZBA consider the following facts:
1) There is a potential 4th bedroom under the new plans.
2) The septic tank is too close to the house now and will be even closer under plans.
3) The septic may not have sufficient capacity.
4) The septic is too close to the Lake.
and in light of those facts that there should be a professional review of the septic system.
The motion passed 6-0.
Ayes: Fitzgerald, Frasier, Clark, Brown, Peterson and Siwek
Nays: none
Abstain: none
ZEO Clark read the following:
3. MILLER (43.17-1-7) 27 Springdale Manor Dr. (TR-1)
The applicant would like to build a 392 sq. ft. addition to an existing nonconforming house. The addition would be an increase of 50% to a nonconforming structure.
The zoning issues are 160-62 A Nonconforming structures and 160-23 Rear line setback.
ZEO Clark reported that this lot is the largest of those in Springdale Manor. It had an approved plan and an open building permit until last October. With the new plan it does not maintain the rear line set-back. The side and front setbacks are ok.
Bruce Clark moved, and John Brown seconded, a motion to report to the ZBA that they have reviewed the application, see no major obstacles and have no comments or recommendations.
The motion passed 6-0.
Ayes: Fitzgerald, Frasier, Clark, Brown, Peterson and Siwek
Nays: none
Abstain: none
OLD BUSINESS:
EJ Siwek read the following:
1. STRUTZ (26.18-1-10) 9222 Lakeshore Drive (TR-1)
The applicant would like to place a 8’ x 12’ storage shed 75’ from the Lake.
Zoning issue: 160-23 C (g) new construction within 100’ of the lake.
ZEO Clark reported that no Warren County impact was declared in May.
The applicant presented new options for placement of the shed according to the request of the Planning Board last month. The setbacks would be maintained but it could lead to more erosion due to the fact that it would sit on a steep embankment.
Bruce Clark moved, and John Brown seconded, a motion to approve the original application as submitted last month with the shed positioned on the rock which is already considered land coverage and will not create erosion of the land.
Chairman Siwek suggestion using a natural color for the exterior.
The motion passed 4-2.
Ayes: Fitzgerald, Clark, Brown and Siwek
Nays: Frasier, Peterson
Abstain: none
ZEO Clark read the following:
2. PETER HAVEN, LTD (43.13-1-7) 27 Abernakis Drive (TR-1)
The applicant would like to replace an existing 306 sq. ft. one story, storage building with a new 612 sq. ft. two story storage building. The building is a legal nonconforming structure due to the five foot setback from Lake George and was in existence before 1973. The footprint will remain the same. The zoning issue is 160-62 A. Continuation of a nonconforming structure.
ZEO Clark read correspondence just received at 4 pm this afternoon from the APA. See Appendix C.
All Board members have conducted at least one site visit.
Mr. Engler was in attendance and stated that the current structure has always been used for storage of boats and accessories as well as for recreation. A ping pong table is used when the boats are out. In the proposed replacement the building would be used for the same reasons as well as a workshop. It would not be used for sleeping. Basically only adding 4 ˝ ft to the current footprint.
After considerable discussion, it was generally agreed:
The structure could be called an accessory structure, rather than a boathouse, and the height could be maintained. It would need to be resubmitted and it might need a variance.
Or the application could remain for a boathouse but the maximum height allowed is 16 feet.
Mr. Engler wants to work on this construction project while in the area so he agreed to change the application height from 20 feet to 16 feet.
EJ Siwek moved, and Dick Frasier seconded, a motion to accept plans for a replacement boathouse with modification of 16 ft height and in the same character as the original plans.
The motion passed 6-0.
Ayes: Fitzgerald, Frasier, Clark, Brown, Peterson and Siwek
Nays: none
Abstain: none
NEW BUSINESS:
1. JOHNSTON (60.5-1-5) 8746 Lakeshore Drive (TR-1)
The applicant is proposing a 2367 sq. ft. addition to an existing home, which sits 70’ from the MHW of Lake George. If approved the structure shoreline setback will be 52’ from the MHW of the lake. The zoning issue is 160-23 C. (g) New construction within 100’ of the lake.
EJ Siwek moved, and Bruce Clark seconded, a motion to deem the application complete.
The motion passed 6-0.
Ayes: Fitzgerald, Frasier, Clark, Brown, Peterson and Siwek
Nays: none
Abstain: none
A site visit was set for Saturday, August 9, 2008 at 9 am.
ADJOURNMENT:
Bruce Clark moved, and Dick Frasier seconded, a motion to adjourn.
The motion passed 6-0.
Ayes: Fitzgerald, Frasier, Clark, Brown, Peterson and Siwek
Nays: none
Abstain: none
The meeting adjourned at 8:50 pm.
Respectfully submitted,
Judy Stock
Acting Recording Secretary